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HomeMy WebLinkAbout11/16/1998 RECORD OF PROCEEDINGS Minutes of Meeting u m i y ounce eetmg age DAYT N LE AL BLANK CO. CORM NO. 10148 . I Hejd NnvPml~r 1 F, 1 99R 19 ~I Mayor Kranstuber called the November 16, 1998 Council Meeting to order at 7:00 p.m. Mr. McCash led the Pledge of Allegiance. Roll Call Council members present were: Mayor Kranstuber, Vice Mayor Boring, Mr. Adamek, Mr. McCash, Mr. Peterson, Ms. Hide Pittaluga, and Mr. Reiner. Staff members present were: Mr. Helwig, Ms. Grigsby, Mr. Smith, Mr. Harding, Chief Geis, Mr. Kendra, Ms. Heal, Mr. Hahn, Ms. Crandall, Mr. Lenz, and Ms. Clarke. I i A~~roval of Minutes of Meeting of November 2, 1998 Mayor Kranstuber moved approval of the minutes. Ms. Hide Pittaluga seconded the motion. Vote on the motion - Mr. Reiner, yes; Mr. McCash, yes; Mr. Peterson, yes; Mr. Adamek, yes; Mrs. Boring, yes; Ms. Hide Pittaluga, yes; Mayor Kranstuber, yes. Correspondence The Clerk reported that a notice to legislative authority has been distributed to Council tonight regarding a D3-3A liquor permit for BW-3, Inc. at 6505-95 Perimeter Drive. A letter to Council explaining the need for the permit accompanies the notice. There was no objection from Council to the issuance of this permit. Comments from Visitors Wallace Maurer, 4751 Dublin Road asked for clarification from staff regarding the statement that "the (Dublin Road) bikeway portions will be developed as funds become available and/or as developments occur along Dublin Road." Mr. Helwig responded that the bikepath construction to date has been funded by a combination of public dollars and private development along Dublin Road. The development of Amberleigh North included provision of that portion of the bikepath as part of the private developer's commitment. Mr. Maurer noted in regard to the upcoming bikepath meeting that public matters as this should be dealt with publicly. He then read a letter to the editor which will be published in the Dublin News this week regarding the Dublin Road bikepath and its potential infringement on the impacted properties. Chris Cline, 5455 Rings Road, Dublin addressed Council regarding his concerns about the planning effort currently underway for the southwest portion of Dublin. In view of the purpose clause and the scope of services, he is concerned that the focus of the study is not on planning but on a legal justification for city-wide growth control and impact fees. He attended a Community Development Committee meeting recently in which the Committee reviewed the first report from the consultants. On behalf of his clients and the residents and landowners of the southwest area, he is expressing frustration with the direction and pace of this southwest area planning effort. A six-month moratorium is about to expire, and Council is contemplating an extension of that moratorium. While he believes that impact fees and growth controls are legitimate topics for Council to consider, they were not included in the charge for the planning effort in the southwest and are not needed prior to adopting a land use plan for the southwest. He urged Council to concentrate on the original direction and to order preparation of a land use plan for the southwest. He added that much of the report indicates an ignorance of the characteristics of Dublin's southwest as well as the way in which the development process works in Dublin. Mayor Kranstuber suggested that discussion on this matter be delayed until after the other citizens have spoken. Charles We per, 6004 S rnmP Cnnrt,~precPnting o k 1 igh nnrlnmimnmc stated he is President of the Locksleigh Association and responsible for the upkeep of the condominiums. One condominium owner initiated a deck repair and never completed it. The Association then decided to repair the deck and bill the owner. After work had begun, a building inspector from the City of Dublin red-tagged the work so that it could not proceed. At that point, half of the deck had been removed from the house and RECORD OF PROCEEDINGS Minutes of Meeting u m i y ounce ee mg age DAYTON LEGAL BLANK CO.. CORM NO. 10148 Held NnvemhPr 1 199 19 ~I - - III therefore a safety issue arose with stopping the work. Mr. Lenz did allow them to install floor boards for safety reasons and instructed them to obtain a permit. After talking to a neighbor, Mr. Wenner discovered that a permit had already been obtained from the City for this work. Mr. Lenz had extended a permit for the condo owner's basement work and allowed the deck work to be incorporated. He asked for a copy of that permit, but has not been able to obtain that. He then hand delivered a letter to the Building division, copied to Mr. Reiner and to Mr. Banchefsky, requesting a copy of the public records within five working days. He has heard nothing. He spoke with Mr. Reiner about this matter. He would like to complete this work prior to the onset of cold weather. i Mayor Kranstuber asked staff to respond. Mr. Lenz stated that the condos have decks without railings which constitute a serious safety hazard. He received a complaint from one of the condo owners stating that they were concerned about the safety of the deck and how it would impact selling their condo. Mr. Lenz has contacted the State of Ohio and the Muirfield Association to seek a solution to this unsafe condition. Mr. Wenner replied that this is a separate issue. He is merely seeking a copy of the previously issued permit in order to complete the deck work. The railing safety issue is totally separate. Discussion followed. Mr. Smith stated he will talk to Mr. Lenz in the morning and will then call Mr. Wenner to resolve these issues. Mo Dioun, owner of Stonehenge Com}w, Dublin stated: 1. He has concerns with the possibility of the extension of the temporary zoning moratorium placed on the southwest area. 2. Stonehenge Company purchased an 8.3 parcel, the "Trees" Property in May of 1998. The concept plan for the Trees property included 11 two-family buildings and an 8,000 square foot day care center. The Kendall Ridge subdivision has already been approved and construction is in process right now. The Trees concept plan received approval from the Planning and Zoning Commission on April 17, 1997 and approval by City Council on June 28, 1997. 3. A basis for approval of the concept plan was that it was consistent with the Southwest Area plan and the M/S Consultants alignment study. 4. He is also concerned about the length of time the update to the southwest plan is taking and the financial burden on a small company such as Stonehenge. 5. The Trees property was purchased based on the fact that the concept plan was approved by the Planning Commission and City Council. 6. He urged Council to consider excluding this parcel from any extension of the moratorium. Mayor Kranstuber stated that the moratorium extension will be discussed under the Committee Report portion of tonight's agenda. He asked Mr. Reiner to comment briefly on this matter. Mr. Reiner stated that the Community Development Committee is aware of this particular case and the impact an extension of the moratorium would have on this property. m~. Mr. Helwig stated that he will review this case and do what is fair. Other Matter Mayor Kranstuber announced that Mr. Hansley, City Manager has reconsidered his decision to take a job in Temple Terrace, Florida and has decided to stay in Dublin. City Council is very happy with his decision and pleased that Dublin will continue to enjoy his leadership. Staff Commentc Ms. CTrig~v_ commented that information has been distributed tonight regarding the budget workshop set for Wednesday, November 18 at 6:30 p.m. RECORD OF PROCEEDINGS Minutes of Meeting u m i y ounce eehng age 3 DAYTON LEGAL BLANK CO. CORM NO. 10148 I ICI Held NnvPmhPr 16, 1s,9R 19 I ~ Mr• "ens reported that employee Ted Zombeck's wife, Chris, died last Tuesday following a long battle with cancer. On behalf of Council, Mayor Kranstuber expressed his condolences to be conveyed to Mr. Zombek. L I .ATION INTRODUCTION & FIRST RF.ADIN - O INANCF4 Ordinance No. 121-98 - An Ordinance Updating the Estimated Average Per Acre Value of Land for Park Fees in Lieu of Land Dedication. I Mayor Kranstuber introduced the ordinance. Mr. Helwig stated that Mr. Hahn has provided a report on this legislation which adopts an updated appraisal on estimated cost of land per acre in Dublin for use in calculating parkland dedication fees in lieu of donation. Mr. Hahn is present to respond to any questions. There will be a second reading and public hearing at the December 7 Council meeting. Ordinance No. 122-98 - An Ordinance Accepting the Lowest and Best Bid for the Cosgray Park Sanitary Sewer Connection Project. Mr. Adamek introduced the ordinance. Mr.Helwig stated this legislation relates to the long- anticipated Darree Fields sanitary sewer connection project. It puts the City in compliance with EPA requirements. Mr. Hahn has submitted the bid reports and is present for any questions. There will be a second reading and public hearing at the December 7 Council meeting. Ordinance No. 123-98 - An Ordinance to Accept the Lowest and Best Bid for the Avery-Muirfield Drive/Perimeter Drive Intersection Improvements, Muirfield Drive/Tara Hill Drive Intersection Improvements, and Tullymore Drive School Zone Flashers and Street Lights, and Declaring an Emergency. Mayor Kranstuber introduced the ordinance. Mr. Helwig stated staff is asking for emergency action for reasons of public safety. This converts two temporary traffic signals into permanent ones and provides for school zone flashers on Tullymore Drive. An alternate bid was taken on street lighting, but staff has eliminated this alternate because of the lighting already provided in the school parking lot. In response to Mr. Adamek, Mr. Kendra stated that no additional widening will be done on the side of the street by the United Dairy Farmers. The existing pavement will be converted to three lanes and it will be striped for three lanes. On the other side of the street, some widening will be done. Mr. Adamek thanked Mr. Kendra and his staff for their attention to the street lighting issue which was raised by the neighborhood. Mr. McCash asked if the residents of Tara Hill have reviewed the plans which include widening and a stacking lane, and which could result in additional traffic. Mr. Kendra responded that these improvements are not intended to draw any additional traffic; they are based on the existing traffic. There was acity-wide traffic study done by a consultant which was provided to Council. This design is based on what is needed for this intersection. Mayor Kranstuber moved to treat this as emergency legislation and to dispense with the public hearing. Mr. Reiner seconded the motion. Vote on the mo ion - Ms. Hide Pittaluga, yes; Mr. Peterson, yes; Mr. McCash, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. Adamek, yes. Vote on the ordinan -Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. Adamek, yes; Mr. Reiner, yes; Mr. McCash, yes; Mr. Peterson, yes; Ms. Hide Pittaluga, yes. RECORD OF PROCEEDINGS Minutes of Meeting ~e~e _ e,.._ ae.. u m i y ounce eeting page 4 DAYTON LEGAL BLANK CO., FORM NO. 10148 Held N~~Pmher 1hT~ 9~8- 19 Ordinance No. 124-98 - An Ordinance Providing for a Change in Zoning for 27.29 Acres Located on the West Side of Dublin-Bellepoint Road, Directly South of I-270, From: R, Rural District, To: PUD, Planned Unit Development District (Cardinal Health, South Campus Plan). (Applicant: Jackson B. Reynolds III, Smith & Hale, 37 W. Broad Street, Suite 725, Columbus, OH 43215) ~k Mrs. Boring introduced the ordinance and moved that it be referred to Planning and Zoning Commission. Ms. Hide Pittaluga seconded the motion. Vote on the ordinance - Mr. Peterson, yes; Mr. McCash, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr. Adamek, yes; Mayor Kranstuber, yes; Ms. Hide Pittaluga, yes. Ordinance No. 125-98 - An Ordinance Providing for the Issuance and Sale of Not to Exceed $5,500,000 in Notes, in Anticipation of the Issuance of Bonds, For the Purpose of Paying Costs of Improving the Vehicular Transportation System in the City By Constructing, Reconstructing, Extending, Opening, Improving, Widening, Grading, Draining, Curbing and Changing the Lines of Municipal Roads, Highways, Streets, Bridges, Sidewalks, Bikeways and Viaducts, Acquiring Real Estate and Interests in Real Estate Therefor, and Providing Lighting Systems and All Other Necessary Appurtenances, and Declaring an Emergency. Mayor Kranstuber introduced the ordinance. Ms. Grigsby stated this is for the Woerner-Temple project. The City currently has outstanding notes in the amount of $6 million which mature in December. This is a re- issue for less money because the project came in at a slightly lower cost, and because the City will be receiving the developers' contribution prior to the notes maturing. Mayor Kranstuber moved to treat this as emergency legislation and to dispense with the public hearing. Mr. Adamek seconded the motion. Vote on the motion - Mr. McCash, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr. Peterson, yes; Ms. Hide Pittaluga, yes; Mr. Adamek, yes; Mayor Kranstuber, yes. Vote on the ordinance - Ms. Hide Pittaluga, yes; Mr. McCash, yes; Mr. Peterson, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mr. Adamek, yes; Mayor Kranstuber, yes. Mayor Kranstuber announced that at this point, unless there is an objection, Council will discuss the southwest area plan issue. Committee Report -Community Dev pment ('nmmittPe Mr. Reiner stated that they met on November 9, 1998 with the consultants from Wallace Roberts and Todd and Dr. Eric Kelly, specialist in zoning law. In regard to comments from Mr. Cline, the Committee was charged with creating development standards as a continuation of the Community Plan process in the southwest area. The intent was to preserve what is worthwhile in the area in terms of natural features, and to develop the infrastructure to keep up with development in some kind of concurrent way. The three consultants recommend that the City create an overlay plan to resolve, coordinate, and set in motion a plan to develop the southwest portion of the City. The consultants have met extensively with staff. The first task agreed upon was a written report by the land use attorney. It included a recommendation for a phased plan for infrastructure improvements based upon goal setting, and recommended planning over 10 to 15 years versus the present 5-year capital improvements plan. Dublin currently devotes 40 percent of its revenue to capital projects while most cities spend 20 to 25 percent. They also noted that Dublin should consider impact fees which was a consideration offered in the Community Plan. Impact fees are a more fair way to assess development and are more predictable for developers than negotiated exactions. The Committee reviewed Mr. Kelly's report and recommends to Council the continued employment of the consultants and a continuation of the moratorium until the project is completed. Mr. Peterson stated that he did not anticipate such an extensive legal review process ahead of the development and design stage. It is important to maintain the process set in motion and devise an updated plan for the southwest. Impact fees should be considered, but should be addressed city-wide and not just in conjunction with the southwest plan. Ms. Hide Pittaluga noted that she agrees with both Mr. Reiner and Mr. Peterson. She, RECORD OF PROCEEDINGS Minutes of Meeting u m i y ounce ee mg age _ DAYTON LEGAL BLANK CO.. CORM NO. 10148 I Held NnvPmhPr ],b, IQ9g 19 I' too was somewhat su rised at the sco e of the stud but believes what has been done ~ i IP p Y~ has laid the foundation for reviewing the issues on a larger scale throughout the City. She supports an extension of the moratorium for an additional 6 months in order to develop - the standards for the southwest. The consultants have assured the Committee that the plan update process can be completed with citizen input within 6 months. Mr. McCash noted that he agrees with Mr. Peterson's comments. In reviewing the scope i of services, the direction was to research the legal basis for an overlay zone in the ~i southwest district. The legal report as drafted goes further into the investigation of growth management tools for the entire community. The Community Plan indicated that implementation of the plan may require use of growth management tools. However, the task at hand was the development of an overlay district for the southwest area, and a timeframe was established for completion of this plan. He noted that some significant Ohio case law was not included in the legal analysis -the City of Fairfield case and the recent Goldberg case. He believes that the focus now needs to be on the master planning effort for the southwest and not growth management tools for the entire community. Mr. Adamek stated that the entire concept of impact fees raises some questions for him: who will actually pay for the impact fees -will it be the developer or will it more likely be the homeowner? For home buyers, the imposition of impact fees will reduce their overall buying power in terms of housing. For commercial development, there will be economic development impacts which could in turn affect the City's revenue base. The City already has impact fees in the form of parkland dedication and sewer and water fees. He asked the City's Law Director to comment on the memo generated by the outside legal team on this matter. Mr. Smith stated that the City's legal staff reviewed the report and sent a memo to Mr. Kelly about the omission of certain key cases in the report. The legal staff and development staff have met with the consultants to discuss Ohio zoning law. He noted that Council will have some alternatives when the plan has evolved, and at that point, choices can be made about the direction to take in the southwest, i.e., densities, land uses, etc. Once Council establishes their goals for the planning effort, staff can advise how they can be accomplished. Mrs. Boring noted that she agrees with Mr. McCash's comments. Her understanding was that the southwest area plan overlay would not be a long process and that it would include more citizen involvement. She would prefer that this project get back "on track" to provide a more concrete plan for the southwest. There are larger policy issues involved with impact fees and those cannot be resolved within the established timeframe for the southwest overlay. Mayor Kranstuber noted that most of Council was somewhat surprised with the approach taken by the consultants on this planning effort. His understanding of the direction given at goal setting was that an overlay district was to be developed for the southwest for implementation. It would be an implementable zoning document based on the Community Plan already completed and consistent with that Community Plan. The goal was to bring the southwest up to the quality level demanded in the rest of Dublin, and to implement a moratorium in view of the development pressures in the southwest. His understanding is that the focus would be on setbacks, development standards, and density to ensure that the build out of the southwest is of high quality. In terms of impact fees, he would be supportive if they could be structured in a way to provide support to the schools which bear the burden of development in terms of the costs to educate new students. He would not want to discourage commercial development with impact fees since they provide the revenue base for the City. Mr. Reiner responded that the consultants set out to create a great plan for the southwest and reviewed the tools available to implement such a plan. The plan is in a very preliminary stage, and the consultants conveyed at the meeting the importance of involving all of the stakeholders in these discussions. The consultants identified the planning tools which progressive cities across the country are using to implement what RECORD OF PROCEEDINGS Minutes of Meeting u m i y ounce eetmg Page 6 DAY!'ON LEGAL BLANK CO.. FORM NO. 10148 _ II Held NnvPmhe r 16., 1998 19 - - I Ilj Council has indicated they want in the southwest. The report provided was merely a summary based on Ohio law about options for the future in this regard. The application of the tools is the decision of Council. Ms. Hide Pittaluga noted that perhaps a Committee of the Whole meeting would have v been warranted for this matter as many of the questions raised were addressed by the consultants at the meeting. The key benefit of impact fees is the predictability it provides i to the development process. The negotiation process currently in place does not ensure II uniform application and consistency. Another key point is the long term fiscal I responsibility aspect of this issue and the percentage of capital dollars invested in development projects. It is important not to lose sight of the bigger picture when considering implementation of the southwest area plan. She supports staying on track with the plan portion while also exploring the impact fees proposal. In terms of the impact on previously approved concept plans, the four Council members present at the November 9 meeting recommended that these be excluded from a continued moratorium. Discussion continued. Mr. Helwig summarized that at the April, 1998 goal setting session Council approved the scope of services for this project. A consultant was retained in August of 1998. The first portion of the work was to review the legal aspects of implementing an overlay zoning - a small portion of the overall project. Discussion also took place regarding the public purpose of an overlay zoning and the need for adequate public facilities. Staff advised the consultants of the revised timetable for several major CIP projects - Woerner-Temple, the Avery interchange, Emerald Parkway over 161 -and the need to fund other projects not included on the 5-year CIP such as the Tuttle extension, Avery widening south of Rings, etc. In this context, the subject of impact fees came up. The community input sessions will begin in January, and the consultants' work is to be completed by May. At the December 7 meeting, Council will receive a recommendation from staff to extend the moratorium in the southwest as well as information about impacted projects. QTI~EB ouncil ommi Re o in Mr. Adamek stated that he asked that this item be placed on the agenda tonight. He is proposing that a monthly update be provided about the items referred to Committees of Council. He has asked the Clerk of Council to assist with this effort. Discussion followed. Mr. McCash suggested that the Clerk track the Council committee items and that the Management Assistant track the items referred to staff. This will help to ease the burden of maintaining the information in a current status. Perhaps the Information Technology division could identify a tracking software for this purpose. The Clerk indicated that her staff will work on this item and report back in January. Mrs. Boring pointed out that it is important that Committees publish their meeting agendas ahead of time so that other Council members are aware of what is being discussed. Mayor Kranstuber indicated that he had discussed a reporting system with Mr. Adamek - and supports its implementation. Council Round Table/ ommi R or c Mr. Adamek, Finance Committee reminded Council members that the budget hearing is set for Wednesday, November 18 at 6:30 p.m. Mrs. Boring, Administrative ommittPP stated that they will meet tomorrow evening at 6:30 p.m. Mr. McCash: 1. Noted that he had a meeting regarding a particular piece of property in the southwest area two weeks ago and a question arose regarding right-of--way taking. RECORD OF PROCEEDINGS Minutes of Meeting u m ity ounce eetmg age DAYTON LEGAL BLANK CO. ="ORM NO. 10148 ~ ~I Held NnvPmhPr 1 ~ 199R -19 - II~~ He asked if this should be laced on an u comin Council agenda for discussion. ~I p p g Mr. Smith responded that he is aware of the property under discussion, and due to some potential litigation, he would prefer to discuss this in executive session at an upcoming meeting. 2. Noted that he has heard from various people regarding the implementation of Dublin's storm water ordinance. Their concern is that with smaller parcels, it becomes difficult if not impossible to meet some of the water quality parts of the ordinance. There has been some discussion with Engineering staff on this. When I the modeling was done, it was done on multi-family and commercial projects I where wet detention basins were part of the design. Is there a need for further discussion with Council on this matter? Mr. Helwig stated that he will gather some information and report back to Council. Ms. Hide Pittaluga, Puhlic services Com-mittee stated that she neglected to bring a recommendation to Council with respect to the Post Road speed limits. The minutes of ~ the meeting have been distributed, and the Committee referred some things to staff for report back after the first of the year. It was the general consensus of the Committee not to reduce the speed limit on Post Road based on the fact that three Department heads made that recommendation to the Committee -the Law Director, the City Engineer and the Chief of Police. The Committee looked at some options to artificially reduce the speed limit, including tree planting on the roadsides, or possibly a median addition, posting some signage regarding the residential nature of the area and the need for speed reduction. Discussion took place about scheduling speed blitzes similar to what is done with DUI checkpoints. Mr. Adamek added that the Committee also recommends stricter enforcement of the la actual speed limits on Post. Ms. Hide Pittaluga summarized that the Committee is recommending that these proposals be referred to staff for further investigation and report back. She moved approval of their recommendation. Mr. Adamek seconded the motion. Mrs. Boring expressed concern about any road design changes in view of the length of Post Road and the potential cost. Ms. Hide Pittaluga clarified that the recommendation is for staff to investigate these ideas, not to implement them. The goal would be to encourage people to drive the speed limit on Post Road. Vote on the motion - Mr. McCash, yes; Ms. Hide Pittaluga, yes; Mr. Adamek, yes; Mr. Peterson, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mayor Kranstuber, yes. Mr. Peterson thanked Ms. Heal for her prompt response to a call from a citizen which he had forwarded to her. It is this kind of public service and customer service that reflects well on the City. Mayor Kranstuber moved to adjourn to executive session for discussion of personnel and legal matters. Mr. Adamek seconded the motion. " Vote on the motion - Mr. McCash, yes; Mr. Reiner, yes; Ms. Hide Pittaluga, yes; Mrs. Boring, yes; Mr. Adamek, yes; Mr. Peterson, yes; Mayor Kranstuber, yes. ,,w The meeting was adjourned to executive session at 9:20 p.m. Mayor Kranstuber announced that the meeting would not be reconvened following the executiv ession. ayor -Presiding Officer Clerk of Council