Loading...
HomeMy WebLinkAbout10/05/1998 RECORD OF PROCEEDINGS Minutes of Meetm~ _~_v _m._.~. ,„~e,~_.~.a~eae..d~ ~d.~~e..e.~,..d, de. a r,_,, erode, e...me Dublin"City CouncillC%Teetmg"~"~~ Page 1 DAYTON LEGAL BLANK 00., EORM NO. 10148 Held nctaher..~, 1998 19 Mayor Kranstuber called the October 5, 1998 meeting to order at 7:00 p.m. Ms. Hide Pittaluga led the Pledge of Allegiance. ~a Roll Call Council members present were: Mayor Kranstuber, Mr. Adamek, Mr. McCash, Mr. Peterson, Ms. Hide Pittaluga, and Mr. Reiner. Mrs. Boring arrived at 7:10 p.m. Staff members present were: Mr. Hansley, Mr. Helwig, Ms. Grigsby, Mr. Banchefsky, Mr. McDaniel, Mr. Harding, Ms. Clarke, Ms. Bearden, Mr. Lenz, Ms. Heal, Ms. Crandall, Mr. Husenitza, Chief Geis, and Mr. Kindra. Approval of Minutes of September 21, 1998 Mayor Kranstuber moved approval of the minutes. Mr. Reiner seconded the motion. Vote on the motion - Mr. Reiner, yes; Mr. McCash, yes; Mr. Peterson, yes; Mr. Adamek, yes; Ms. Hide Pittaluga, yes; Mayor Kranstuber, yes. Correspondence The Clerk reported that a letter was forwarded to Council from the Vintage Ohio Wine Association requesting permission to serve alcohol in Coffman Park for an event. Mayor Kranstuber asked that this discussion be deferred until later in the meeting. iti .en omm n Toni Taylor, 7180 Tnni free Court addressed Council regarding efforts to obtain a building permit for an in-ground swimming pool at their residence. City officials advised them to obtain a variance, although she believes the Dublin Code is not clear on this `y' matter. Their proposed pool was within the 25 percent of the gross floor area of their home, assuming that a pool is an accessory structure. They were denied a permit, however, and required to attend a variance hearing at BZA. They were denied the variance by a tie vote of 2-2. Inaccurate statements were made by neighbors who testified at the hearing, but she was unable to obtain the records of the hearing in a reasonable time frame. Her husband has requested by letter to the City Attorney a month ago that the BZA reconsider their application at a hearing with a115 members present. To date, they have not had a response to the letter nor to phone calls. She expressed concern about the manner in which they were treated by the Planning division staff. As a result of this ordeal resulting from their desire to enhance their property, they have had no choice but to file an appeal in the Court of Common Pleas which she believes is a gross waste of their time, energy and money. Kay WaglLer, 7199 Dublin Rc,ac~ stated that she is a 30 year resident of Dublin and has concerns about the planned bike path on Route 745. She has lived in an old farmhouse along Dublin Road for 30 years, and has invested money in repairs and upkeep. As a senior citizen, she believes that the City is discriminating against her and other senior citizens by installing a bike path 20 feet from her living room. The value of her property has increased tremendously over the past 30 years, but if this bikepath is permitted to cross her property, it will destroy it. There will be no privacy, no security, and her retirement property will be gone. She requested that Council consider the welfare of senior citizens in this matter. Wallace Maurer, 7451 Dublin Road asked for verification of the next meeting to discuss the Dublin Road bikepath. Mr. Helwig stated that the proposed date is Thursday, November 19 at the Dublin Public Library from 5 - 7 p.m. At that time, additional details will be available for review. Mr. Maurer noted that he wants the opportunity at that time to discuss the issues regarding this bikepath. Mr. Maurer asked for additional detail on the City's commitment to installing the bikepath, and whether there is a possibility it will not be installed. Mayor Kranstuber responded that Council has a commitment to install this bikepath as stated in their goals. Mr. Helwig stated that the bikepath is included in the adopted Community Plan. In terms of funding, the tunnel at Brandonway has been funded, and the Memorial Drive tunnel is RECORD OF PROCEEDINGS Minutes of Meeting H _.._~d _.dw,~ _o._~. , Dublin Cify Council Meeting Page 2 ~ .._a.. ._._..,_.e... DAYTON LEGAL RLANK CO. FORM NO. 10748 Held ClrtnhPr S x.,99$ 19 programmed. There is an allocation of $150,000 per year in the budget for installation of various bikepath segments. In general, the funding is on a phased basis. .k- . Mr. Maurer asked for clarification of the process by which the needed easements would be secured -would they be purchased or obtained through eminent domain? ~ Mr. Banchefsky responded that Dublin Road is one of the older roads in the City and there may be property ownership to the centerline of the road. However, that is considered a highway easement and, from an appraisal standpoint, valued at $1.00 to the property owner. While it maybe an existing highway easement ,the part that is occupied and used for roadway purposes and maintenance is effectively considered an easement to the City although it is not recorded. Many of the easements for sections on Dublin Road have been acquired by means of "fee simple" ownership -the City actually owns the ground and the property line ends at the road right-of--way. Mr. Maurer asked what would happen if a land owner refuses to sell his title? Mr. Banchefsky explained that the law requires an appraisal of the property, that the City enter into good faith negotiations with the property owner, and that Council pass a resolution of intent to appropriate if those negotiations fail. Council then would approve an ordinance directing the Law Director to acquire the property. If the court agrees that there is a legitimate public purpose for the acquisition, the City will obtain title to the property and a jury will determine the appropriate compensation. In regard to Ms. Taylor's comments, Mayor Kranstuber asked that, in view of the pending litigation, Mr. Banchefsky contact Ms. Taylor's attorney to discuss the issues she raised this evening. Mr. Banchefsky stated that he will do so. Kath 63 S. Riverview treet urged Council to act quickly to acquire the property which is adjacent to and including Indian Run Falls. She asked them to be proactive to avoid a future emergency situation regarding this land. Staff Commentc Ms. Grigsby noted that a preliminary report from Moody's was provided to Council tonight regarding the City's upcoming bond issue. At this time, Moody's has rated the bonds as AA2 with a positive outlook. Although staff had hoped for an upgrade to AA1, they are pleased with this progress. Report from Dublin onv n ion & Vi i or B ~rPan Pat Schmucki, Executive Director of the Dublin Convention and Visitors Bureau gave a presentation of their annual report to Council, and distributed copies to Council. She noted that Dublin now has 11 hotels. The Memorial Tournament hospitality tent was a successful event for the Bureau this year with over 175 guests attending. The bed tax collected during 1997 was $1,058,930 - a 7.2% increase over 1996. As of July 1, 8 of 9 hotels reporting have a 72% occupancy rate. Mayor Kranstuber asked Ms. Schmucki if she would respond to questions from Council about the proposal from the Ohio Wine Producers Association. Ms. Hide Pittaluga stated she has received some feedback from the community with ~w respect to serving alcohol on City property. This appears to be a quality event, but some are concerned that alcohol sales in a public park should not be encouraged. An exception is made for the Irish Festival which is aCity-sponsored event, and this seems appropriate. Ms. Schmucki responded that the applicant is seeking a park setting, and the goal was to bring this event to Central Ohio. The Bureau was pleased that the group considered Dublin, and they chose Coffinan Park over all the Central Ohio parks. The event has a $15.00 admission and encourages family and children's activities. It is a wine tasting event designed to promote Ohio wineries. Mrs. Boring stated that selling wine in the park would constitute not only consumption but sale of wine on City property. RECORD OF PROCEEDINGS Minutes of Meeting _.......b. eea~. ,e., .._e~_ _.e..w e, . _ _.e._ _ e. m._ P„dm a,..e~ u m City CouricillVleetirig Page 3 DAYTON LEGAL BLANK CO. FORM NO. 10148 Held (l~tnhPr 5~ 1998 19 Ms. Schmucki stated that this group has experienced no problems in this regard with events held in the Cleveland area. Mr. McCash commented that the materials provided to Council indicate this is more of a trade-show event than a community event. Ms. Schmucki responded that the event is more festival in nature and not a trade show event. Mr. Hansley stated the City's interest in this event would be the bed tax dollars brought in by visitors on a weekend for which no other event is presently scheduled. Mayor Kranstuber stated that Ms. Puskarcik was impressed with the quality of the event as described in detail in materials furnished by the sponsors. Mr. Reiner moved to approve the request by the Vintage Ohio Wine Festival to serve alcohol in Coffman Park the weekend of June 18-20, 1999. Mr. Adamek seconded the motion. Mr. McCash noted that he will vote in favor of this with the caveat that it is not a trade show. Vote on the motion - Mr. McCash, yes; Mr. Adamek, yes; Mayor Kranstuber, yes; Mr. Peterson, yes; Mr. Reiner, yes; Mrs. Boring, no; Ms. Hide Pittaluga, no. i, . I ,ATION TAB ..D ORnINANCF~ Ordinance No. 94-98 - An Ordinance Authorizing the City Manger to Enter into a Franchise Agreement with the Fishel Company or its Designated Affiliate for the Construction, Ownership, Operation, and Maintenance of aMulti-Conduit System. Mr. McDaniel stated this was discussed at a Public Services Committee and tabled for public hearing and vote until this meeting. During the past two weeks, staff has had an opportunity to re-visit some of the potential providers here in Dublin to address their concerns regarding the ordinance. Present with him tonight are Greg Dunn, Special Legal Counsel for the City; Eric Smith, President of Fishel Company; and Scott Humbarger, Vice President, Fishel Company Ohio operations. There was a memo included in Council's packet outlining the primary concerns raised by the various providers. Staff has found no new information which would change the recommendation of approval of this ordinance. A memo was also forwarded to Council on behalf of the various telephone providers, and representatives maybe here tonight to address Council. Mr. Dunn has reviewed the concerns outlined in the memo and assured staff that these concerns have already been taken into consideration in this legislation. Approval of this ordinance will enact the "Dublink" concept via this franchise agreement with the Fishel Company. He offered to respond to any questions. Mayor Kranstuber invited those who had signed in to speak at this time. Denise Clayton, Vice Pre~id nt, T gal 4P,-v~~P~ fem.- ~TPV+r ink Ohio, 2 Easton Oval Columbus Ohio 4 219 stated that Council has received their letter dated October 2, 1998. NextLink Ohio is a facilities-based local telephone provider with offices in Columbus, in Cleveland, and in Akron. Putting Fishel's, NextLink's and the City's interests aside, u Council should keep in mind what is the most beneficial thing for the consumers and customers residing in Dublin. NextLink Ohio recognizes that "Dublink" is a very forward, progressive concept. However, there are some items in the proposal that need further revision to ensure that the City doesn't replace the telephone monopoly with a construction monopoly. The City needs to ensure that the City of Dublin retains control over the price of the duct space; that the City of Dublin, and not an exclusive franchisee, retains control over the allocation of space; and that the City of Dublin retains control over the ability to sub-lease that space. She emphasized that in the process of "Dublink" and the desire to have a city conduit system, the City must be careful not to discriminate against new providers such as NextLink, TCG, ICG, and others. The issue comes down to cost, and the need to ensure that the City's price be equal to or less than that to build the provider's own system. The providers cannot afford to pay carrying costs and finance RECORD OF PROCEEDINGS Minutes of Meeting u m i y ounce ee mg age DAYfON LEGAL BLANK CO.. CORM NO. 10148 III Held nctnhPr 5,~ 99R 19 I I charges for a third party franchisee to build the s stem. The should not b Y Y e forced to participate in the "Dublink" system if the costs are higher. This will constitute ~ ~ discrimination. Dublin also needs to ensure that the incumbent providers -Ameritech and Time Warner -are subject to the requirements and procedures associated with ' "Dublink". Bruce Weston, A orn v, 16 W H ihhard AvP, (•nt~t~, Ohio 4 21 ,~~rPS~nt i T Ohio stated that TCG is a communications company and a subsidiary of AT&T. I They want to be in Dublin and are considering making very substantial investments in Dublin. Competition will bring benefits to Dublin: lower rates for customers in Dublin, higher quality service for customers in Dublin, and the promotion of economic development in Dublin. TCG is hopeful that Dublin will allow the 1996 Federal Telecommunications Act to work. The proposal they submitted maximizes compliance with the federal act, meets the City's objectives, and minimizes City involvement in state and regulatory matters. The City is about to embark on a regulatory mission that can be avoided by using the framework in the Telecommunications Act of 1996 to arrive at rates for conduits through private sector involvement. Council needs to consider why no other city in the country has implemented this type of system. David Ferris, a orn y r~ r n in,g I I~Te om, 273 W D ~hl;n ~;,-anv~ttP Rna~l Columbus, Ohio 4 ~5 stated that his client, ICG is a competitive local exchange i company, and has a presence in Dublin as well as Columbus. ICG came about and is able to be in existence as a result of the Telecom Act of 1996 which encouraged competition. The ordinance proposed this evening will not benefit the consumers and will not comply s with the Telecom Act of 1996. Instead of enabling and allowing competition, this ordinance will replace the monopoly currently existing with a construction company. The four telecommunications providers are here tonight in opposition and ask that Council reject this particular ordinance. T.aCharle Kees . , r~.pr s n ing I G 1~T t om, Fi1 1 ~x ood, Colorado stated that this ordinance involves the critical issue of their ability to compete fairly with the incumbent providers and all the other future providers that could come into the City right-of--way. There is no particular urgency to act on this without having all of the relevant information. He also offered to bring any consultants to Council to respond to and clarify any issues. Dan Jones~governmen al affairs con ~1 an for 1\~ I ~~Iorld Cen, stated that he echoes what the competitors have already stated. MCI World Com is a Fortune 50 company, and they have invested billions of dollars in telecommunications throughout the world. Their branches in Cincinnati and Cleveland are very interested in entering the Columbus market and they have serious concerns with this ordinance. He asks for Council's diligence in making Columbus a competitive environment for telecommunications. Mrs. Boring asked Mr. McDaniel to clarify that one intent of this ordinance was to maintain the aesthetics of the community by not having the right-of--way continually torn up. Mr. McDaniel stated that is correct. The City has been working to better manage the right-of--way, and has worked with MORPC and asix-city consortium to identify ways to minimize the digging of the City right-of--way, especially given the amount of investment that the City is making in road improvements over the next few years. The telecommunication companies prefer to build their systems on a customer by customer basis as needed. The City is not anti-competition and not opposed to the Telecommunications Act of 1996. The "Dublink" concept was designed to both embrace competition and manage the City right-of--way. Mrs. Boring asked how the City plans to ensure fair competition, who will maintain the space, and what is the possibility of litigation? Mr. Dunn stated that the City intends to refine the agreement along the lines brought up by Ms. Clayton to ensure that one monopoly is not replaced by another. Mr. McDaniel will have the ability to control the initial rates, so that they are reasonable. Reasonable RECORD OF PROCEEDINGS Minutes of Meetin u m i y ounce ee mg age 148 Held n .tnhPr ,1998 19 rates will promote use of the conduit. In terms of litigation, staff has taken into consideration the Telecom Act in drafting the legislation and believes it is in compliance. Dublin is the first city, however, to implement such a concept. The agreement does provide that in a case where there is no conduit at a reasonable rate, an operator can build one. "Dublink" can be built on top of that, and the City would then pay them for the l incremental cost of enlarging the trench. Mayor Kranstuber stated that building the conduit once would have to be more economical than building several connections and tearing up the right-of--way each time. Mr. McDaniel pointed out that the success of "Dublink" will hinge on Fishel's ability to provide this at a competitive rate to encourage participation. Fishel has agreed to be a conduit developer which involves risk on their part. If the City were to build the conduit, prevailing wages would drive the cost up by approximately 30 percent. Staff is confident that Fishel will be able to build this conduit at a competitive rate. Mr. Adamek asked how Ameritech will fit into the concept. Mr. Dunn responded that the ordinance will apply to all telecommunication companies equally -there is no exception for Ameritech or Time Warner. Ms. Hide Pittaluga, Chair of Public Services Committee stated that the concept of forward thinking and building future capacity will serve the City well as the telecommunication needs increase. For economic development reasons, the City must be prepared to provide this service and capacity to accommodate future businesses. She thanked Mr. McDaniel and Mr. Dunn for all of their hard work in thoroughly reviewing the issues. The Committee supports this legislation and has full confidence in staff's ability to implement the concept. . Mr. McCash asked if staff has reviewed NextLink's proposal in the letter dated October 2, 1998, and how it differs from what the City plans to do. Mr. Dunn responded that Nextlink's proposal was made in good faith. Dublin has two concerns: will it be leased out at a reasonable rate; and would there be a need for continual negotiation about the requirement of the overbuild. For these reasons, staff believes the "Dublink" concept is preferable. Discussion followed about whether this ordinance is to be voted upon tonight since it was tabled until a date specific. Mr. Hansley clarified that the public hearing and vote on the ordinance was tabled until tonight to allow further input from the other providers. They expect a vote to be taken at this time. Mr. Reiner moved to remove Ordinance 94-98 from the table. Ms. Hide Pittaluga seconded the motion. Vote on the motion - Mr. Adamek, yes; Ms. Hide Pittaluga, yes; Mayor Kranstuber, yes; Mr. McCash, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr. Peterson, yes. Vote on the ordinan - Mr. Reiner, yes; Mr. Peterson, yes; Mr. McCash, yes; Mr. Adamek, yes; Ms. Hide Pittaluga, yes; Mayor Kranstuber, yes; Mrs. Boring, yes. Ordinance No. 95-96 - An Ordinance to Provide for Tree Preservation in the City of Dublin. (Amended) Ms. Newcomb stated that this legislation was introduced by Mr. McCash in 1996 and referred to the Community Development Committee and the Tree and Landscape Advisory Commission for further study. Over the past two years, the ordinance has been refined to ensure its enforceability. It incorporates ordinances from other communities in regard to tree preservation and helps to implement several of the 1997 Community Plan policies and strategies, including reinforcing the values of existing wooded areas and implementing appropriate measures to protect them. This ordinance adopts strong tree preservation standards that protect wooded areas, requires sensitive development practices, requires developers to consider tree preservation before siting structures, and RECORD OF PROCEEDINGS Minutes of Meeting u m i y ounce ee mg age DAYT N E AL BLANK CO. CORM NO. 10148 Held_ (~ctnhPr 5, 1998 19 I; increases tree planting. At a goal setting session earlier this year, Council established as a goal revision of the zoning code to provide strong tree preservation standards and to enhance tree planting and maintenance. The current landscape code does not provide any H` ° incentives for locating structures in parking lots outside of the tree area, and it does not provide for tree replacement. The Tree and Landscape Commission recommended approval of the proposed ordinance i on June 15, 1998. The Planning Commission reviewed the ordinance on September 17, 1998 and recommended approval with the recommendation that Council add supplementary code enforcement personnel as this is a labor intensive ordinance. The ordinance will require review of tree preservation plans, tree surveys, tree removal permits, and will require enforcement out in the field. The ordinance does not differentiate between public and private property -the requirements are for both. The tree replacement provision is the major change from the existing code. This ordinance suggests a one inch for one inch replacement. In terms of single family lots, trees have to be replaced only if they are removed from a no-build zone, a no disturb zone or a tree preservation area. For commercial sites, all trees are required to be replaced. Ian Rennick and Kathryn Epp of the Tree and Landscape Advisory Commission are present tonight to respond to any questions. Mayor Kranstuber noted that his own experience in building a house demonstrated that builders are not careful in trying to preserve the trees. The soil is often compacted and trees die, sometimes at a later date. He would support additional staff for enforcement of this ordinance. Mrs. Boring expressed concern about those owning treed lots and the potential for additional costs to build single family houses on such lots. Mr. McCash noted that it imposes a duty on the developer to try to mitigate the impact on the site and prevents someone from clear-cutting a site. Mrs. Boring stated that it is totally unrealistic to expect an owner of a lot to preserve all of the trees on a heavily wooded lot. Mr. Reiner stated that there is a movement among urban planners to have developers locate their housing subdivisions in open areas and to preserve the treed areas. The goal would be to have better planning to preserve trees. Mrs. Boring stated that it would be unfair for the City to impose this ordinance on a development that already has zoning and final plat approval. An individual homeowner should not be penalized for buying a wooded lot. Is there a possibility of grandfathering existing lots with final plat approval by waiving fees? Mr. Hansley recommended that if Council supports such a concept, the ordinance should be amended prior to passage. Ian Renni k Chair of the Tr and andsr~e Adyi~nn~ ('ommiccinn stated the intent of the ordinance is to put a premium on wooded lots in order to save them and preserve greenspace in Dublin. The wooded lots with trees of a 6 inch caliper or greater are clearly going to have an added cost to them after this ordinance takes effect. Mr. Reiner agreed that this ordinance should not burden individual homeowners. However, developers should have more sensitivity in laying out development plans and how they impact trees. This planning effort will assist in grading of lots and decrease drainage problems. The trees of high caliper should be preserved since they are scarce. Council needs to be environmentally sensitive in issues related to forest preservation and the potential deterioration of the ozone layer. Kathryn- Fnn_ stated that this ordinance will address the issues raised by Mr. Reiner. People purchase lots because they are wooded, and the builder removes trees and because RECORD OF PROCEEDINGS Minutes of Meeting u m i y ounce ee mg age DAYTON AL BLANK CO CORM NO. 10148 ji Held nctnhar , 1998 19 III of th e compaction of dirt, many trees die in a couple of years. There is currently no protection in the code for those homeowners who have paid extra for wooded lots. After further discussion, Mr. McCash moved to amend the ordinance to effectively exempt those sites with final plat approval due to the fact that they would not have had t. notice and have already gone through the zoning process. He suggested that a notation on all final plats should be made so that future homeowners are aware of these restrictions. Mrs. Boring seconded the motion. I Vote on the motion - Mr. Adamek, yes; Ms. Hide Pittaluga, yes; Mayor Kranstuber, yes; ~ Mr. McCash, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr. Peterson, yes. Vote on the ordinan - Mr. Reiner, yes; Mr. Peterson, yes; Mr. McCash, yes; Mr. Adamek, yes; Mayor Kranstuber, yes; Mrs. Boring, no; Ms. Hide Pittaluga, yes. Staff will amend the ordinance as directed. Ordinance No. 112-98 - An Ordinance Accepting the Annexation of 2.2 Acres in Washington Township to the City of Dublin. (Applicants: Indian Ridge Associates and the City of Dublin) Mr. Hansley stated this is an area next to Dublin Road and Emerald Parkway and the annexation will allow for development of the City park in the case that the rezoning before Planning Commission is disapproved. Vote on the ordinan - Ms. Hide Pittaluga, yes; Mr. Peterson, yes; Mr. McCash, yes; Mr. Reiner, yes; Mayor Kranstuber, yes; Mrs. Boring, yes; Mr. Adamek, yes. INTRODU .TiON & FIRST RFADIN ORDTNAN('~Fc . Ordinance No. 113-98 - An Ordinance Accepting the Annexation of 56 Acres from Jerome Township, Union County to the City of Dublin. (Columbus Builders _ Supply, Inc.) Mayor Kranstuber introduced the ordinance. Mr. Helwig stated that this is the down-sized annexation application from an earlier 176 acre annexation that would have interfered with land acquisition for the Metro Park target area. Staff is asking that this be held over for a second reading and public hearing at the next Council meeting. There will be a second reading and public hearing at the October 19 Council meeting. Ordinance No. 114-98 - An Ordinance Accepting the Lowest and Best Bid for Cosgray Park Phase 4 Boardwalk & Mulch Path Construction, and Declaring an Emergency. Mr. Reiner introduced the ordinance. Mr. Hansley stated staff is recommending the low bidder and will be requesting emergency action at the time of second reading. In response to Mr. McCash, Mr. Hahn stated there was a wide range in the bids, and his perception is that the high bidder was not interested in the project. First Choice Construction has worked for the City as asub-contractor and their work has been most satisfactory. There will be a second reading and public hearing at the October 19 Council meeting. Ordinance No. 115-98 - An Ordinance Authorizing the City Manager to Enter into an Agreement for the Leasing of 27-29 South High Street. ' Mayor Kranstuber introduced the ordinance. Mr. Hansley stated there was a detailed memo in Council's packet outlining the terms of this lease. Council is aware of this project and has directed staff to secure a tenant for the building. Staff is requesting that this be held over for second reading. In response to Ms. Hide Pittaluga, Mr. Hansley stated GTN Corporation is the owner of the tavern or pub to be located on this site. There will be a second reading and public hearing at the October 19 Council meeting. INTRODU TION & P B I H ARiNr RFSOr iTTrnNc Mayor Kranstuber introduced the following resolutions and moved to waive the Council Rules of Order to have the Clerk read the names of the property owners into the record. RECORD OF PROCEEDINGS Minutes of eez,,,.e~~sA~~~z~,~~z~~e_e~~~d~ded ~e.,,,, _e. e~„~e~~ ,..,H ,~d.,,~as~~e~e Meeting ~m~w, ~ _ Dublin City Council ~eetmg gage $ DAYTON LEGAL BLANK CO. FORM NO. 10148 Held (htnhar S~ X99$ 19 Resolution 48-98 - A Resolution Of Intent To Appropriate A Fee Simple Interest Consisting Of 0.202 Acres, More Or Less, And A Permanent Drainage Easement Consisting Of 0.011 Acres, More Or Less, From Gerald B. Davis, In Property Located On The East Side Of Riverside Drive And The South Side Of Summitview Road, In The City Of Dublin, County Of Franklin, State Of Ohio. „ Resolution 49-98 - A Resolution Of Intent To Appropriate A Fee Simple Interest Consisting Of 0.091 Acres, More Or Less, And A Temporary Construction Easement Consisting Of 0.034 Acres, More Or Less, From Deborah Distelhorst- Black, In Property Located On The East Side Of Riverside Drive, In The City Of Dublin, County Of Franklin, State Of Ohio. Resolution 50-98 - A Resolution Of Intent To Appropriate A Fee Simple Interest Consisting Of 0.197 Acres, More Or Less, From Marvin E. And Florence E. Fleming, In Property Located On The East Side Of Riverside Drive, In The City Of Dublin, County Of Franklin, State Of Ohio. Resolution 51-98 - A Resolution Of Intent To Appropriate A Fee Simple Interest Consisting Of 0.216 Acres, More Or Less, From John A. Guy, Jr., In Property Located On The East Side Of Riverside Drive, City Of Dublin, County Of Franklin, State Of Ohio. Resolution 52-98 - A Resolution Of Intent To Appropriate A Fee Simple Interest Consisting Of 0.218 Acres, More Or Less, And A Temporary Construction Easement Consisting Of 0.009 Acres, More Or Less, From John A. Guy, II And Margaret E. Guy, In Property Located On The East Side Of Riverside Drive, City Of Dublin, County Of Franklin, State Of Ohio. Resolution 53-98 - A Resolution Of Intent To Appropriate A Fee Simple Interest Consisting Of A Combined 0.313 Acres, More Or Less, And A Temporary ' Construction Easement Consisting Of A Combined 0.039 Acres, More Or Less, From Catherine Ross Loveland, In Property Located On The East Side Of Riverside Drive And The North Side Of Summitview Road, City Of Dublin, County Of Franklin, State Of Ohio. Resolution 54-98 - A Resolution Of Intent To Appropriate A Fee Simple Interest Consisting Of 0.203 Acres, More Or Less, And A Temporary Construction Easement Consisting Of 0.025 Acres, More Or Less, From Margherita C. Porter, In Property Located On The East Side Of Riverside Drive And The South Side Of Summitview Road, City Of Dublin, County Of Franklin, State Of Ohio. Resolution 55-98 - A Resolution Of Intent To Appropriate A Temporary Construction Easement Consisting Of 0.053 Acres, More Or Less, From Edith M. Schoen, In Property Located On The South Side Of Summitview Road, City Of Dublin, County Of Franklin, State Of Ohio. Resolution 56-98 - A Resolution Of Intent To Appropriate A Permanent Drainage Easement Consisting Of 0.021 Acres, More Or Less, From John C. And Angela W. Stertz, In Property Located On The West Side Of Riverside Drive, City Of Dublin, County Of Franklin, State Of Ohio. Resolution 57-98 - A Resolution Of Intent To Appropriate A Fee Simple Interest Consisting Of A Combined 0.183 Acres, More Or Less, From Woodland Hills, In Property Located On The East Side Of Riverside Drive And The North Side Of Summitview Road, City Of Dublin, County Of Franklin, State Of Ohio. Mrs. Boring stated that she has been requesting that a public meeting be scheduled on this matter since early summer. She understands that a meeting may delay the project somewhat, but believes it is needed. She moved to table Resolutions 48-98 through 57-98 for public hearing until the November 2, 1998 Council meeting. Ms. Hide Pittaluga seconded the motion. Vote on the mo ion - Mr. Adamek, yes; Mr. Peterson, yes; Mrs. Boring, yes; Ms. Hide Pittaluga, yes; Mr. Reiner, yes; Mr. McCash, yes; Mayor Kranstuber, yes. QTHE$ Final Plat - Westhnrv _ ~ rtinn ~ (Applicant: Walter Starkey, 6503 Cook Road, Powell, Ohio 43065; Paul S. Coppel, Senior Vice-President, M/I Schottenstein Homes, Inc., 3 Easton Oval, Columbus, Ohio 43219; and Jason Coffee, R.D. Zande and Associates, RECORD OF PROCEEDINGS Minutes of Meeting I~u~liri`~ify CounciYlVTeetirig ~ae~~.~~~.ee..e~~d~.~, Page 9 ~ ~~~~e~~~~~,..e~memewem~e~e,~P~eemem®~abe~~eee DAYTON LEGAL RLANK CO.. FORM NO. 1014 Held (~rtnhPr 5~ 199R 19 1237 Dublin Road, Columbus, Ohio 43215.) Ms. Clarke stated this is the first phase of Westbury and includes seven lots. Discussion took place at Planning Commission in regard to the diversity of housing to be constructed in this subdivision. The developer did agree to use seven new house designs in addition to ones they already had proposed. Three of the seven lots will be built with those new ~ elevations. Staff is recommending approval, and the Planning Commission approved this on September 3, 1998 with 22 conditions: 1) That protective fencing be installed along the eastern tree row and tree row along the southern edge of the Reserve A (the detention basin) during all phases of construction; 2) That the no-build zone/no disturb zone along the eastern edge of Section 1 be increased from 10 feet to 15 feet; 3) That both the north and south stubs of Wareham Drive be signed to indicate the future extension of the road; 4) That Reserve "A" (1.126 acres) be dedicated to the City when the park land to the south of the reserve is dedicated and until such time the developer own and maintain the reserve; 5) That a revised plat be submitted incorporating all conditions within two weeks; 6) That three of the seven houses in Section 1 be built from the following list of new elevations: Carleton, Walden "Classic", Chadwick "Manor" with a brick front, Travis "Manor" with a hip roof, Dartmouth with a gable roof, Warwick, or Sturbridge; 7) That the park land be clearly identified on the plan (renamed from "open space"). It needs to be dedicated to the City by wan anty deed with the recording of the final plat with recording fees paid by the developer; 8) That a tree preservation plan be submitted, before completion of construction drawings, outlining the areas of no-build/tree preservations and proposed lot lines, utilities, easements. Adjustments maybe required to preserve trees; ~ 9) That 25-foot no-build zones be provided along the rear of lots which abut the southern park area (Lots #285-287, and 290-291), 10-foot no-build zone be provided along the sideyards of Lots #284, 285, 94 and 95, and the no-build zone on Lot #115 be enlarged from 10 to 20 feet; 10) That the bikepath along Tullymore Drive to Brand Road be concrete, bikepath easements be provided between lots #51 and 52; 58 and 59; 79 and 80; 16 and 17; and on the west side of 76 (or as resolved by staff) and a bikepath be installed along the entire Brand Road frontage to the east property line, with all paths to be installed when the streets are constructed; 11) That a note be added to the plat providing that all houses (living spaces) shall be located within a single county; 12) That a buffer plan be provided for the lots which abut Brand Road, including mounding and landscaping, before the final plat is submitted; 13) That fencing restrictions and sideyard and rear yard requirements be provided on the preliminary and final plats; 14) That Blayney Court be renamed consistent with Wyndham Village Section 4; 15) That access for the Edwards' one-acre parcel be relocated to the eastern approach as approved by staff; 16) That all floodway, floodplain, and floodway plus 20 feet information be indicated on plans (including building permits), and lots be redrawn if needed in accordance with FEMA regulations; 17) That all pavement, rights-of--way, utilities, storm sewer management, cul-de-sacs, vertical alignments and street geometrics, including the bridge across the North Fork of the Indian Run, be designed to the satisfaction of the City Engineer; 18) That stormwater management basins be located outside the 100-year floodplain and approved by the City Engineer; 19) That no-parking areas be designated along a1128-foot streets, as measured back to back, on all plats, plans, and building permits; 20) That drop structures and pipe be required along Brand Road for the length of this development, if necessary, to avoid a deep ditch that is difficult to maintain and dangerous for motorists, and as approved by the City Engineer; 21) That the boundaries of the electric and phone company service providers be shown on the final plat; and RECORD OF PROCEEDINGS Minutes of Meeting ....,.......,,~..,.e, e.....~. ....e,.,..e....... a __,ti_._.. _awe~.~ ea._.. ve,~ _ ....~....e fSizblin~CityCouncil MeetingPage 1~ DAYTON LEGAL BLANK CO.. FORM NO 10748 Held nctobe~5., 199 19 22) That at the time of final plat review, the applicant address the diversity of the housing types. Ben Hale, Tr. representing the applicant was present to respond to any questions. Vice Mayor Boring asked staff if this would be subject to the tree preservation ordinance. Mr. Banchefsky stated that ordinances are not effective until 30 days after passage. Ms. Hide Pittaluga moved that this plat be subject to the tree preservation ordinance approved tonight. Mr. Peterson seconded the motion. Vote on the mo ion - Mr. McCash, yes; Ms. Hide Pittaluga, yes; Mr. Adamek, yes; Mr. Peterson, yes; Mr. Reiner, yes; Mrs. Boring, no. Mr. Hale agreed to this condition. Mr. Adamek commented that there is no notation regarding a homeowners association. He moved to amend the plat to include a notation regarding a mandatory homeowners association. Ms. Hide Pittaluga seconded the motion. Mr. Hale agreed to the amendment. Vote on the motion - Mr. McCash, yes; Ms. Hide Pittaluga, yes; Mr. Adamek, yes; Mr. Peterson, yes; Mr. Reiner, yes; Mrs. Boring, yes. Ms. Hide Pittaluga asked if the density complies with the Community Plan. Ms. Clarke confirmed that it does. Mr. Reiner commented that two units per acre seems very dense for a housing sub- division. Ms. Clarke responded that the two units per acre is based upon impact, and is a gross number which includes rights-of--way. Mayor Kranstuber moved approval with the conditions of Planning Commission and the amendments approved tonight. Mr. Adamek seconded the motion. Vote on the mo ion - Mr. Peterson, yes; Mr. McCash, yes; Ms. Hide Pittaluga, yes; Mr. Adamek, yes; Mayor Kranstuber, yes; Mrs. Boring, yes; Mr. Reiner, yes. S'ouncil RoLnd Tabl / ommi to Re or Mr. Peterson asked who is responsible for the trees near the wetlands area around Sandy Corners. Mr. Hahn responded that these are the developer's responsibility, but staff will see that the dead trees are taken care of. M~. Hide Pittaluga 1. Passed along information to staff regarding a seminar for funding of Information Technology departments. 2. Thanked Mr. Husenitza for the Information Technology report. She is pleased to read that Mr. Hansley is using e-mail and the Internet system. b, 3. Suggested that a thank you note be sent to the appropriate parties regarding the reversal of ODOT's policy regarding paving of roadways. Mr. Hansley reported that the staff of OML were given a standing ovation at a recent conference for this effort. Mr. Adamek• 1. Noted that he cannot attend the Public Services Committee meeting scheduled for Monday, October 12, as he will be out of town on business. Ms. Hide Pittaluga stated that the meeting agenda will include the Post Road issue and the uniform park signage. Following brief discussion, the meeting was rescheduled for Wednesday, October 21 at 7 p.m. 2. Noted that the Finance Committee will meet on Thursday, October 15 at 7 p.m. to RECORD OF PROCEEDINGS Minutes of Meetin ,w...a_..t ~~Du~Iiii Cily"Couricil~l~%Ieefirig""...._ ...._..e.e....T,age la~e,., DAYTON LEGAL BLANK CO.. FORM NO. 10148 Held nctoher ~ L948 19 review hotel/motel tax grant applications. 3. Reported that he has had phone calls complaining about the banners advertising rental attached to roofs of apartments near the Big Bear store and the Tuttle Crossing area. Mayor Kranstuber noted that he recently received a letter from Mayor Lashutka about an issue concerning the suburbs and the Solid Waste Authority of Central Ohio. He will pass this letter along to Mr. Hansley. Mr. Hansley asked that Mr. McDaniel provide an update about this issue which could be potentially divisive between the suburbs and Columbus. Mr. McDaniel reported that SWACO is proposing a retired facility fee that equates to a $7.00 per ton fee, with the revenues being dedicated towards payment on the closed waste energy facility. The rate advisory board, with representation from all of the suburban communities, has met on this matter on a couple of occasions. The Service Directors from several communities have raised questions about the fee and, after discussion, do not support the fee in concept at this time. They are waiting for additional information from SWACO. Mayor Kranstuber moved to adjourn to executive session for discussion of land acquisition matters. He added that Council will not reconvene following the session. Mr. Adamek seconded the motion. Vote on the motion - Ms. Hide Pittaluga, yes; Mrs. Boring, yes; Mr. Peterson, yes; Mr. Reiner, yes; Mr. Adamek, yes; Mayor Kranstuber, yes; Mr. McCash, yes. The meeting was adjourned to executive session at 9:50 p.m. Mayor -Presiding Officer Clerk of Council ,