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HomeMy WebLinkAbout04/14/1997 RECORD OF PROCEEDINGS Minutes of T,..~.,:_ r;~_. Meeting A NK CO. FORM NO. 10148 ~ Held April 14, 1997 Page 1 lg ~ Mayor Kranstuber called the meeting of the Dublin City Council to order at 6:30 p.m. on Monday, April 14, 1997 and noted that all Council members were present. Mayor Kranstuber moved to adjourn to executive session to discuss land acquisition matters. Mrs. Stillwell seconded the motion. Vote on the motion - Ms. Hide Pittaluga, yes; Mr. Campbell, yes; Mrs. Stillwell, yes; Mayor Kranstuber, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr. McCash, yes. The meeting was reconvened at 7:10 p.m. R 11 all Council members present for roll call were: Mayor Kranstuber, Mrs. Stillwell, Mr. Campbell, Mrs. Boring, Ms. Hide Pittaluga, Mr. McCash, and Mr. Reiner. Staff members present included: Mr. Hansley, Mr. Smith, Ms. Grigsby, Mr. Harding, Ms. Clarke, Ms. Jordan, Mr. McDaniel, Mr. Lenz, Ms. Bearden, Ms. Puskarcik, Ms. Crandall, Mr. Hahn, Mr. Kindra, Lt. Geis. Staff Comments Ms. Puskarcik showed the videotape of the flood relief team from the City of Dublin who volunteered their time in southern Ohio recently. Mr. Hansley recognized the members of the team, including: Danny Johnson, Terry Stickel, Tim DeWine, Roger Headlee, Roger Thomas, Doug Denk, Paul Evans, Bill Grubaugh, Dave Blakesley, Carl Taylor, Gary Hicks, Gary Browning and Drew Tilley. Council members thanked the team for their efforts and the employees who stayed in Dublin who worked extra hours to fill in for those working in southern Ohio. Mr. Hansley noted that staff has proposed a Council float for the 4th of July parade and would like feedback on this idea. Mayor Kranstuber responded that this matter will be deferred until the end of the meeting for further discussion. Mr. Hansley noted that a memo was forwarded to Council regarding a discounted daily fee for the Rec Center for City employees. Mrs. Stillwell moved that Council accept staff s recommendation that full and part time employees of the City of Dublin be granted discounts on daily pass rates at the Rec Center as follows: employees and their family members who are Dublin residents will be charged the child/resident daily rate which is currently $3.00; employees and their family members who are not Dublin residents will receive the resident rate of $3 for 11 years and under and $4 for adults. Mayor Kranstuber seconded the motion. Vote on the motion -Mrs. Stillwell, yes; Mr. McCash, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. Campbell, yes; Ms. Hide Pittaluga, yes. Mr. Kindra noted that the dedication plat for Emerald Parkway has been removed from tonight's agenda but will be forwarded for Council's consideration on May 5. Mayor Kranstuber called the formal portion of the meeting to order. Mr. Campbell led the " Pledge of Allegiance. Approval of Minutes Ms. Hide Pittaluga noted corrections to the minutes of March 17 on pages 6 and 11. Her comments on page 6 should read, "Ms. Hide Pittaluga stated that although she is concerned about traffic, she is not overly concerned with respect to the density given the low build out of the immediately surrounding area." On page 1 1, in the first paragraph, last sentence, this should be revised to "the motion included that although this bike path could be installed at a later date, the homeowners association representatives and the City agreed that the City is relieved of any financial contribution towards construction in the future." Mayor Kranstuber moved approval of the minutes as corrected. Mrs. Stillwell seconded the motion. RECORD OF PROCEEDINGS Minutes of T,,,~fiEeu~"~eet~~ Meeting A NK 00. FORM NO. 10148 ~i Held April 14, 1997 Pale 2 ig Vote on the motion - Mr. Reiner, yes; Mr. McCash, yes; Mrs. Stillwell, yes; Mr. Campbell, yes; Mayor Kranstuber, yes; Ms. Hide Pittaluga, yes; Mrs. Boring, yes. Recognition of Dublin School Students Mayor Kranstuber recognized five Dublin high school students who have excelled in the drama and theater field and presented them with certificates of recognition. Oaths of Office Vice Mayor Ms. Stillwell administered the oaths of office for new Police Lieutenants Mike Epperson and Heinz Von Eckartsberg, and for new Police Sergeant Jeff Hall. Chief Geis noted that Lieutenant Von Eckartsberg will be in charge of the Police Operations section, which deals with parole and protective section; Lieutenant Epperson will be in charge of the Police Support Service bureau, which handles training, accreditation, community relations, and crime prevention; and Sergeant 7effHall will be assigned to Police second shift patrol watch. EarthWeek Proclamation & Poster Contest Winners Mayor Kranstuber read a Proclamation declaring April 19 through 26 as EarthWeek in the City of Dublin. He then announced the winners of the EarthWeek Poster contest: Katie Fisher, first grade winner from Riverside Elementary; Heather Lee Hunt, second grade winner from Chapman Elementary; Lucy Chin, fifth grade winner from Wright Elementary; Masana Noma fourth grade winner from Riverside; and Precious Osemwengie, third grade winner from Chapman. He thanked the students for their participation and provided them with promotional items from the City. Mr. McDaniel announced that the City has received a verbal commitment from the Ohio EPA and the Ohio Environmental Education Fund fora $50,000 non-matching grant to assist with the City's efforts in educating the business sector on a new "Greenwise Program." Arbor Dav Mayor Kranstuber read a proclamation for Arbor Day which will be celebrated in Dublin on Friday, April 25. He noted that ceremonies will be held at the Coffman House on Friday morning. Correspondence The Clerk reported that a notice was sent regarding the transfer of a liquor permit from County Kerry Coffees at 119 South High Street to the new owner which will operate the business as Dana's Expresso Bar. There was no objection from City Council. Comments from Visitors Wallace Maurer, 7451 Dublin Road, addressed Council regarding Section 3.06(d) of the Revised Charter which involves the reasons for which Council may go into executive session. Mr. Maurer stated that he is not certain what type of ordinance would be proposed in order to expand the reasons for executive sessions in Dublin. Mr. Campbell responded that such an ordinance would have a full public hearing process and would include specific additional categories for which Council could adjourn into executive session. Mr. Maurer asked if Council would be permitted to take action in closed session. Mrs. Stillwell responded that Council is not permitted to take action in an executive session but must reconvene in open session to do so. Larry Frimerman, 83 S. Riverview stated that several people present tonight are prepared to speak about the acquisition of the falls site at Indian Run falls. He then showed a videotape excerpt of the evening news regarding the falls. He noted that acquiring RECORD OF PROCEEDINGS Minutes of r•* r-~~eei• Meeting NK CO. FORM NO. 10148 Held April 14, 1997 Page 3 19 easements to the site will not be a win/win situation as visitors to the falls would have to share the space with an office development. He commented that the City has ample funds in the combined accounts for greenspace and land acquisition to acquire both the 2.3 acre site in the video and the parcel immediately to the north of that site. Any building development on the site will be a visual impairment to the falls. He urged Council to do the right thing at the right time - to acquire the entire site for parkland and for preservation purposes. Helen Sedoris, 87 Corbins Mill Drive, noted that she is a Dublin resident and a professional geologist working for the Ohio EPA. She commented that there are several options open to the City to preserve the falls -one is a land trust which is designed to give incentives to developers for parkland preservation. She would also encourage offering the developer interested in this property a tax abatement elsewhere in the City. She supports purchase of this parcel. Ruth Reiss, 5930 Berkshire Court noted that a letter was included in Council's packet from the trustees of Citizens for Dublin. This letter urges Council to acquire the falls and the adjacent property and turn it into parkland. It is very important that the public maintain access to this location now and into the future. With adequate parking available and with the amenities to enjoy it such as park benches, picnic tables, etc., this will be a very special park. Rich Ferguson, 7202 Mojave Street added his support to the comments about acquisition of the parcel at Shawan Falls. He believes that the pending purchase of the property makes the decision critical and it is in keeping with the stated goal of acquiring green space. He encouraged Council to take steps to acquire this property. Mayor Kranstuber stated that Council will discuss the issue of Shawan Falls at tonight's executive session and will keep the public advised. Legislation PUBLIC HEARINGS/SECOND READINGS Ordinance No. 113-96(Amended) - An Ordinance Providing for a Change in Zoning for 0.8076 Acres of Land Located on the Northwest Corner of Avery Road and Dan Sherri Avenue, from: R-2, Limited Suburban Residential District, to: PCD, Planned Commerce District. (Crook Property- 6017 Avery Road) (Applicant: Robert Low, 12509 Hilton Hill Road, Marysville, OH 43040) Ms. Clarke stated this site consists of one single-family lot of . 8 acre on the corner of Dan Sherri Drive and Avery Road. The Frazier property was rezoned recently and it lies immediately to the north. This rezoning is also for the conversion of a single family home - in this case the proposed use is as a photographic studio and alternate uses would include low volume offices. What is different from the Frazier proposal is that the Frazier proposal included the existing home, which was not to be expanded. This is a slightly larger house and can be expanded under this Planned Commerce District text to up to 3,000 square feet. Staff recommended disapproval of this application, but Planning Commission recommended approval of the application by a vote of 4 to 2. Ms. Clarke then showed slides of the area. She noted that there is a leech field in the back yard and there is a possibility of a cross access easement with the Frazier property. As Council is aware, Avery Road may be widened at some point in the future and it will have a landscaped median which will make left turns difficult into this site. By providing a common access point for the two properties, staff believes some future access problems could be minimized. She explained that in the Southwest Area Plan, this area is designated as residential and in fact, the Dan Sherri neighborhood is shown as expanded. This is the primary reason that staff did not support this commercial application. In addition, these single family homes do not make the best commercial structures nor the best image along arterials. Planning Commission recommended approval by a split vote with four conditions listed in the Record of Action of February 6, 1997: 1) That the residential structure, including expansion, be limited to 3,000 square feet; RECORD OF PROCEEDINGS Minutes of ,.,__L„__ r.,. , _ _ Meeting AL B NK CO. FORM NO. 10148 Held April 14, 1997 Pale 4 ig 2) That right-of--way along Avery Road be dedicated to the City, consistent with the MS Consultants Avery Road Alignment Study, upon rezoning; 3) That the text be revised to further restrict the office component to low volume, and non-medicaUdental offices and clarify the timing/commitment of shared access with the Frazier property; and 4) That a revised development text and a site dimension plan which incorporates all of these conditions be submitted within two weeks. Ms. Clarke added that the Planning Commission also required that the applicant comply with the widening study for Avery Road and limit the size of that house to 3,000 square feet. This will also have to be reviewed by Planning Commission at the development plan stage prior to construction. In response to Ms. Stillwell, Ms. Clarke noted that over a long period of time, there have been recommendations against the commercial re-use of residential structures, particularly along the arterials. In the case of Tuttle Crossing West, there was a series of single family homes, and the homes cannot be re-used for commercial purposes -the only rights that were conferred were those that permit the full commercial redevelopment of the property in accordance with a coordinated plan. In addition to that, the Southwest Area Plan indicated that the Dan Sherri subdivision will probably remain there for decades to come. As such, staff wanted to see it augmented and not subtracted from. Ms. Hide Pittaluga asked for more clarification regarding the property to the north which was recently rezoned commercial. Ms. Clarke responded that the property to the north was substantially smaller than this one and cannot be expanded. The bigger the investment in expanding a residential structure, the less likelihood that someone will tear it down and rebuild a fully commercial structure. When Avery Road is widened, staff could foresee a coordinated zoning plan similar to that on Tuttle Crossing West. But staff does not support a piecemeal, non-coordinated commercial conversion. Staff had also not recommended approval of the Frazier rezoning. Robert Low, 12509 Hinton Mill Road, Marysville, Ohio stated that he is the applicant for the rezoning. He presented a map to Council showing the impact of the expansion of Avery Road on this property. He believes that the proposed use is a perfect transitional use. The road widening will fall within 20 feet of the front of the house. The house will remain residential in scale and appearance and the back will be developed as a park-like area for outdoor photography. Ms. Clarke noted that staff has not verified this drawing, and if it is submitted as part of the application, staff will need to review it. Mr. McCash asked why this was not proposed as a straight Suburban Office rezoning similar to the Frazier property with this as a conditional use. He noted his concern with approving a retail use for this site and then including a provision that any use other than a photography studio will require rezoning. Ms. Clarke responded that the Planning Commission was persuaded by Mr. Low's argument that this was a very low volume use, and that maintaining the structure was in fact a buffer for the residential neighborhood behind it. A suburban office rezoning does not necessarily provide any particular kind of architecture. Further discussion continued about the restriction placed on this rezoning for a photography studio use. Mayor Kranstuber noted that in terms of land use, this proposal is inconsistent with the Southwest Area Plan. Mr. McCash expressed concern about the side yard setback of zero and Ms. Clarke responded that the limits of the zoning are tied to the legal description which requires a RECORD OF PROCEEDINGS Minutes of Meeting ei~-~~e~eet~ia K C F M NO. 10148 Held April 14, 1997 Page S ig side and b the zonin .The Le al De artment recommended that it be addressed directl Y Y g g p Y in the text. This is also the only way to obtain a cross access easement to the property to the north. Mr. McCash also suggested that there be a limitation on signage allowing it only on the Avery Road frontage and prohibiting signage on Dan Sherri. In view of the adjacent residential property along Dan Sherri, he is also concerned about referencing the Dublin lighting guidelines which could result in an increased level of light at the end of Dan Sherri. Another suggestion is that lighting on the signage and in the parking areas be turned off at night when the building is unoccupied. Ms. Clarke responded that those requests are reasonable but have not been discussed with the applicant. Ms. Hide Pittaluga suggested tabling this until the next meeting to allow an opportunity to discuss these matters with the applicant. Mayor Kranstuber stated that he is not ready to support this at this time in view of the land use issues and the possibility of spot zoning. Mrs. Boring commented that a persuasive argument for her was the lack of places in Dublin for small business owners to locate at a reasonable cost. In this case, the property is not conducive to raising a family in view of the proximity to a widened Avery Road. Allowing a small business to operate here will maintain the residential flavor yet allow a place for a small business person to locate. Mr. Reiner stated that it is anon-compatible land use and he would have concerns about setting such a precedent along Avery Road. Mrs. Stillwell stated that she agrees that the City needs to take a comprehensive look at the future of the Avery Road properties. She thought an overlay district or special corridor planning was being worked out. She, too, would have concerns about the possibility of spot zoning. Mr. McCash stated that he cannot support this application until it addresses some of the issues discussed in conjunction with the Frazier property rezoning. There is a lack of coordination between the texts for the two sites in terms of future development. Mayor Kranstuber stated that for him, the issue is one of land use and he is not sure he would support it under any scenario. Mr. Campbell stated that he tends to agree with Mayor Kranstuber. Ms. Clarke stated that if the rezoning application is defeated, the applicant is prohibited under Dublin's Code from reapplying for atwo-year period. Mr. Smith clarified that the applicant could submit a variation of the plan within that time period. Mr. McCash suggested that this be referred back to Planning Commission for further discussion and to work out some of the issues. Mrs. Stillwell commented that Council needs to deal with the land use issues and the fact that there is no comprehensive plan. Referring it back to Planning Commission would not address these. Mr. Campbell stated that in the short run, there maybe hardship for this particular applicant; in the long run, however, approving this application may restrict the City's ability to upgrade this corridor. The larger issue seems to be the lack of a coordinated plan for this area and this may take longer than two to six months to achieve. RECORD OF PROCEEDINGS Minutes of Meetin B NK CO. FORM NO. 10148 Held April 14, 1997 Page 6 ig Mr. Low noted for the record that he has already purchased this property and his lease expired at his former location. He requested that Council table this so that he could work ~ with staff on some of the issues. Mr. McCash stated that he is looking for better refinement and coordination with the Frazier property text. Mr. Reiner stated that the only scenario under which he could vote for this would be if the City replats this area for commercial and the land behind this is acquired by the City. Mayor Kranstuber agreed. Ms. Hide Pittaluga moved to table this ordinance until May 19, 1997. Mr. McCash seconded the motion. Mr. Campbell noted that delaying this a month will not likely result in a positive vote from him. Mayor Kranstuber stated that he cannot see a scenario under which he could support this. Vote on the motion - Mr. Campbell, yes; Mrs. Stillwell, yes; Mr. McCash, yes; Mrs. Boring, yes; Mr. Reiner, no; Ms. Hide Pittaluga, yes; Mayor Kranstuber, no. Ordinance No. 07-97 - An Ordinance Providing for a Change in Zoning for 123.85 Acres of Land Located on the East Side of Dublin-Bellepoint Road Opposite Memorial Drive and River Forest Road, from: R-1, Restricted Suburban Residential District, to: PUD, Planned Unit Development District. (Amberleigh North) (Applicant: Amberleigh Estates Associates by Charles P. Driscoll, Vice President, 500 South Front Street, Suite 770, Col. Ohio 43215) Ms. Clarke stated that this rezoning is for 123.8 acres located immediately north of a subdivision called Amberleigh. There were two plans under consideration at the last hearing. The plan has now been established and the text has been clarified to address issues raised by Council. This is a proposal for a PUD rezoning for 198 dwelling units, which includes 135 single family homes, 63 cluster units and 28.6 acres of park. The 28.6 acres includes 12 acres to be purchased by Dublin, expanding the area along the river. She presented some slides and noted that none of the lots along the Memorial Drive extension will have their driveways on that street. They will be loaded instead from an interior street. Section 4 is actually being purchased by one of the property owners to the north, largely as a buffer. The overall density is 1.6 dwelling units per acre. Staff is recommending approval, and the Planning Commission voted unanimously in favor of this on March 20 with 17 conditions: 1) That the riverside park be enlarged to incorporate an additional half acre of land; 2) That the tree preservation plan and stone wall protection be augmented by a plan for fencing, etc.; 3) That an agreement on the proportional construction costs for Memorial Drive and appropriate plat notes be included in all future documents regarding a possible future bridge until such time as the Community Plan excludes this site as a potential bridge location; 4) That road improvements incorporate left turn lanes on all four legs of the entry intersection with Dublin Road; 5) That the developer cooperate with any needed design changes that might result from updating the Thoroughfare Plan; 6) That the cluster site be designed to maximize tree preservation to avoid buildings which straddle the county line, unless otherwise resolved by both county auditors, and to provide an appropriate edge along the park; 7) That the issue of private streets be determined by City Council as part of the future cluster design review and approval; 8) That "no parking" zones be established on one side of all streets less than 32 feet wide and be noted on the final plat; 9) That the developer present a construction plan that prevents the use of existing Amberleigh streets for construction purposes; 10) That on-site grinder pumps be indicated on future plat, plans, building permits, etc; 11) That approval of this plan be contingent on Council's favorable action on a storm RECORD OF PROCEEDINGS Minutes of Meeting NK CO. FORM NO. 10148 i Held April 14, 1997 Page 7 19 water detention waiver (denial would require both site redesign and rehearing by the Planning and Zoning Commission); 12) That storm water velocity controls be employed at outlet points and that the defective storm the be located and incorporated into the new storm water management system, subject to approval by the City Engineer; 13) That in the final development plan, the developer's engineer work with the City on possible regrading of ditches and widening of shoulders along Dublin Road; 14) That entry features be maintained by the homeowners' association; and 15) That a plan which incorporates all changes as proposed be submitted prior to the ~ City Council hearing. Ben Hale, Smith and Hale, 37 W. Broad St representing the applicant stated they agree to all of the conditions, that they have done the things they were asked to do at the last meeting, and everything is in good order. Ms. Hide Pittaluga asked how the storm water waiver is related to approval of this rezoning. Ms. Clarke responded that if the storm water waiver is not approved by Council, it requires the applicant to rethink the proposal to show staffwhere detention ponds, etc. are going to be located. None of the plans considered thus far have shown a site for detention. If Council decides this is not appropriate for a waiver, then the applicant and the staff have additional work to do. Mr. Smith clarified it is unrelated to the issue of the zoning which is to be voted on at this time. Ms. Clarke stated that the proposed plan works only if there is a detention waiver. Mayor Kranstuber suggested that the staff do the presentation at this time on the storm water detention waiver. Mr. Kindra stated that staff s recommendation is to approve their request for the storm water detention waiver as outlined in the memo provided in the packet. Ms. Hide Pittaluga indicated that the storm water being done by Camp, Dresser & McKee has shown that the MORPC standards currently adhered to are somewhat substandard for some situations. Secondly, the City has yet to identify for homeowners what recourse they have in the event they are flooded out after a waiver has been granted. She is therefore hesitant to approve a storm water waiver at this time. Mr. Kindra stated that in this case, the development is right over the river and is an appropriate place for such a waiver. This type of waiver was granted for Amberleigh and for Donegal Cliffs, subdivisions to the south. In terms of the adequacy of MORPC standards, the issue is more related to inland development and not that on the riverbank. The Code permits a waiver to be granted under certain conditions, and staff feels this is an appropriate case and there will be no liability in approving this request for waiver by the developer. Mr. Reiner asked him to clarify that in this subdivision all of the storm water is taken off the streets into catch basins and those lines are run directly into the river. Mr. Kindra confirmed that this is the case. The conditions proposed by staff are: 1) that ofd site runoff be conveyed through the subdivision and properly incorporated into the design of storm sewers and flood routing; and 2) that receiving open channels between the subdivision and the Scioto River be properly designed to accommodate erosion and velocity-mitigating measures as required by the City Engineer. Mr. McCash noted that the difference with this case is that the land is along the river and the land slopes towards the river. The downstream liability issues faced with other storm water waivers are not involved because there are no property owners between this development and the river. RECORD OF PROCEEDINGS Minutes of gu>~in~~e~~¢ Meeting DAYT N LEGAL BLANK CO. FORM NO. 10148 Held April 14, 1997 Page 8 19 Mrs. Boring indicated that she shares Ms. Hide Pittaluga's concerns because of the problems with the Wedgewood Hills development. She believes it maybe appropriate to have the City's storm water consultants review each of these waiver requests. She would prefer not to waive the standards for this development. Mr. Reiner would like to see the aesthetics improved for the storm water pipe along the river. Mr. Kindra responded that Council can make this a condition and the applicant can then agree or not agree to comply. Mr. Reiner moved to add a condition that the storm water pipe along the river be aesthetically handled. Mayor Kranstuber seconded the motion. Vote on the motion - Mr. McCash, yes; Mr. Reiner, yes; Ms. Hide Pittaluga, yes; Mrs. Boring, yes; Mrs. Stillwell, yes; Mr. Campbell, yes; Mayor Kranstuber, yes. Ben Hale, representing the applicant agreed to this additional condition. Following further discussion, Mrs. Stillwell moved to approve the Amberleigh North storm water detention waiver, understanding that to mean waiving the on-site retention and detention with the two conditions that are listed in the staff report, and the third one added by motion of Council which addresses the aesthetics of the storm water pipe into the river. Mr. McCash seconded the motion. Vote on the motion -Mrs. Boring, yes; Mrs. Stillwell, yes; Mr. Campbell, yes; Ms. Hide Pittaluga, yes; Mr. Reiner, yes; Mr. McCash, yes; Mayor Kranstuber, yes. " Mrs. Stillwell then moved approval of Ordinance 07-97 subject to the conditions listed in the Record of Action for Planning and Zoning Commission dated March 20, 1997. Mrs. Boring seconded the motion. Vote on the ordinance - Mr. Campbell, yes; Ms. Hide Pittaluga, yes; Mayor Kranstuber, yes; Mr. McCash, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mrs. Stillwell, yes. Ordinance No. 30-97 - An Ordinance Providing for a Change in Zoning for 15.405 Acres of Land Located on the Southwest Corner of Shier-Rings Road and Wilcox Road, from: Rl, Restricted Industrial District, to: SO, Suburban Office and Institutional District. (Wilcox Place) (Amended) (Applicant: Luis G. Weil, Agent on behalf of Gordon F. Scherer, P.O. Box 370 Dublin, Ohio 43017) Ms. Clarke stated that this is a rezoning application for an office park. The legal description has been amended to 15.405 acres from 20 acres at the time of first reading. She then presented slides to Council. Anew developer is proposing to combine several of these lots into a suburban office park. The land is currently zoned RI, Restricted Industrial, and staff believes that suburban office and institutional use would substantially upgrade the overall zoning of the area. This was reviewed by Planning Commission on March 20 and it was approved unanimously with 6 conditions: 1) That all site plans conform to Code with respect to landscaping, lot coverage, signage and parking, and meet the Dublin Lighting guidelines; 2) That lots are combined, as necessary, so buildings and parking do not encroach legal property lines; 3) That street trees be installed on both sides of Terry Lee Court and on the south of Shier-Rings Road and west side of Wilcox Road; 4) That afour-foot sidewalk be installed along both sides of Terry Lee Court, and an eight-foot bikepath be installed south of Shier-Rings Road and west to Wilcox Road; 5) That with the development of Lots #1,2,8,9, and 10, storm water detained on parking lots must be filtered before entering Cosgray Ditch or as approved by the City Engineer; 6) That mounding and additional landscaping be planted along Wilcox Road, across from the existing residences (east of Wilcox Road), subject to staff approval. Mr. Reiner asked if Council can legally bind the applicant to build this project with the types of materials and buildings shown tonight. Discussion followed about imposing standards that are not included in the zoning code. RECORD OF PROCEEDINGS Minutes of Meetin NK C FORM NO. 10148 Held April 14, 1997 Pa eg 9 _ 19 Luis G. Weil, P.O. Box 370, Dublin Ohio stated he is present on behalf of the applicant, and is here to answer any questions Council may have. Mr. Reiner asked if the applicant is willing to construct the project as the proposed site plan shows in the materials specified if the zoning is approved tonight. Mr. Weil stated that the developer is in the preliminary stages of design of this project, and has not gone through any costing. It is his general intention to do this, but he is not ready to make a commitment at this point in time. ~ Mayor Kranstuber moved approval of the ordinance with the conditions of Planning Commission. Mrs. Boring seconded the motion. Vote on the ordinance -Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. Campbell, yes; Mr. Reiner, yes; Mrs. Stillwell, yes; Ms. Hide Pittaluga, yes. Ordinance No. 31-97 - An Ordinance Providing for a Change in Zoning for 111.47 Acres of Land Located on the East Side of Cosgray Road, Approximately Midway Between Shier-Rings Road and Post Road, from: PIP, Planned Industrial Park District, to: PIP, Planned Industrial Park District. (Northwest Dublin Commercial Park- SportsOhio) (Applicant: Steele Land Company, c/o Allen S. Shepherd III, 6295 Cosgray Road, Dublin, Ohio 43016) Ms. Clarke stated that there are two changes being proposed with this rezoning: one is to permit the kind of signage that was erected at the northern entrance to be installed at the southern entrance; and secondly, there is an existing business on the Cosgray frontage called Norm's Place which is now proposed to provide catering for the park area. She presented slides of the site to Council. Staff is recommending approval. This rezoning was reviewed by Planning Commission on March 20, 1996 and the Commission recommended approval by a vote of 5 to 2, with 7 conditions: 1) That the exterior of Norm's Place be remodeled within six months of approval of the rezoning; 2) That the extension of Commercial Drive be shown on all figures and plans; 3) That all existing signage be removed from Norm's Place at time of issuance of building permit; 4) That the Code references in the development text be updated to reflect the newly codified numbering system; 5) That any plant material that is dead, dying, or missing, as a result of a landscape inspection to be conducted this summer, be replaced by September 30, 1997; 6) That another set of entry sculptures be permitted at the second (southern) SportsOhio entrance on Cosgray Road, with the setback based on the existing field conditions, and that the text (Page 8, 7A and 7E) be properly amended, both subject to staff approval; and 7) That a sign permit be issued for the directional sign and the sculpture entrance signs and that the foundation design be submitted for review by the Chief Building Official. Allen Shepherd, 6295 Cosgray Road, applicant, stated that he is present to respond to any questions. Mr. Reiner asked if the remodeling of Norm's Place includes making it more architecturally pleasing and in keeping with the existing facility. Mr. Shepherd responded that it will be remodeled on the exterior exactly the same as the rest of the buildings of the park -chocolate brown metal siding, a metal roof, and one third of the front of the building will be split face block. Mrs. Stillwell called the question subject to the recommendations and conditions of the Planning Commission. Vote on the ordinance -Mrs. Stillwell, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. Campbell, yes; Ms. Hide Pittaluga, yes. RECORD OF PROCEEDINGS Minutes of Meetin D A NK C FORM NO. 10148 i Held April 14, 1997 Page 10 19 Ordinance No. 33-97 - An Ordinance Providing for a Change in Zoning for 17.237 Acres of Land Located on the Southeast Corner of Rings Road and I-270, from: PCD, Planned Commerce District, to: PCD, Planned Commerce District. (Chakeres/Wheatley/Puckett text revision) (Applicant: City of Dublin, c/o Timothy Hansley, City Manager, 6665 Coffman Road, Dublin, Ohio 43017) Ms. Clarke stated this was an application taken at the direction of the City Manager. A major building had already been approved under the development plan provisions of the Planned Commerce District, and there were some questions as to whether the second phase could be approved without a rezoning. The Law Director determined that the zoning should be undertaken. There are no additional rights given or taken away with this action; the intent is to standardize two texts that exist and to provide a blended density across the property. As originally zoned, 14 acres along the freeway had an 18,000 square feet per acre maximum and 2 smaller properties totaling 5 acres were zoned for 14,000 square feet per acre. She then showed slides to Council of the site. In the near future, Council will review another rezoning application which takes this text and expands the area to cover everything from I-270 over to Blazer Parkway. This rezoning basically takes two separate rezonings -the Chakeres property and the Wheatley/Puckett property and provides a blended text for the two. It was initiated by the City Manager and there is nothing controversial associated with this proposal. Ben Hale representing Duke Realtv Investments stated that they agree to the conditions recommended by Planning Commission. He requested that Council pass this by emergency if possible in order to move forward with the project. Council chose not to take emergency action on this rezoning matter since it is Council's policy not to waive the right of referendum for rezoning cases. Mrs. Stillwell called the question with the understanding that it includes the three conditions from Planning Commission Record of Action of March 20, 1997: 1) That all previous agreements, commitments, and conditions applicable to the development of this property continue to apply; 2) That the right-of--way consistent with the Thoroughfare Plan (minimum 40 feet from centerline along Rings Road) be dedicated to the city; and 3) That a revised development plan be approved for any affected plan due to changes in traffic circulation, layout, or other considerations. Vote on the ordinance - Mr. Reiner, yes; Mrs. Boring, yes; Mr. Campbell, yes; Ms. Hide Pittaluga, yes; Mrs. Stillwell, yes. Ordinance No. 42-97 - An Ordinance to Update the Arterial Traffic Plan for the City of Dublin to Improve Circulation to the North and West of the Sawmi1V161 Intersection. Ms. Clarke stated that this is a thoroughfare amendment initiated by staff. It was referred to the Planning Commission and also to the Transportation Task Force with the stipulation that the public hearing would be held tonight. The Transportation Task Force did recommend approval with one abstention. The Planning Commission reviewed this on Thursday, April 10 and noted that they have not received a full traffic study on this; that the specific alignment was very important in the decision and no alignment study has been undertaken; and that the Commission had previously indicated that they would like an overall plan for the David Road area prior to taking this action. Consequently, the Commission chose not to make a recommendation at this time. Staff has endorsed the amendment as has the Transportation Task Force. Mayor Kranstuber commented that the minutes from the Transportation Task Force were not detailed enough to help understand their thought process in this recommendation. Ms. Clarke noted that in the normal course, an updated thoroughfare plan would be proposed with the Community Plan update. But because there is a rezoning application active in this area and in order to preserve the option for a road connection, staff is recommending this amendment prior to the full adoption of the Community Plan. RECORD OF PROCEEDINGS Minutes of Meetin A NK CO. FORM NO. 10148 ~ ~ Held April 14, 1997 Page 11 19 Elena Constantine Chair of Transportation Task Force addressed Council, noting that the minutes were brief because the members were fairly unanimous in their osition on the p proposed amendment. The Committee felt that the proposed amendment provided a solution to an immediate need, specifically the location of the AEP substation. It also opened the land for development and provided an alternate to 161. The Task Force understands that this amendment will not greatly affect traffic volumes on 161 or Sawmill but will provide a local solution to some local traffic problems. Mr. McCash commented that he would prefer to table this matter until May 5 due to the fact that some properties involved are presently under option as part of the negotiations for land purchase by AEP. Mrs. Boring seconded the motion. Vote on the motion - Mr. Reiner, no; Mrs. Boring, yes; Mayor Kranstuber, no; Mr. Campbell, no; Ms. Hide Pittaluga, no; Mrs. Stillwell, yes; Mr. McCash, yes. Mayor Kranstuber announced that the motion to table is defeated. He invited residents present to testify on this legislation. Ro er Vogue 6668 David Road stated that he sent a letter to Council today outlining his suggestions. He noted that perhaps the approval could be continent upon the disposition of the AEP rezoning which will come before Council in a few weeks. It is difficult to separate the road issue from the rezoning request by AEP. He emphasized that once AEP has purchased the land from the landowners for the substation, the City can then negotiate with AEP for the property needed for the road. Mel Shaver, 6672 David Road stated that the proposed roadway extension of Village Parkway will come directly through his property. He does not understand why Dublin waited to bring up this roadway alignment until AEP had options on the properties for the substation. He takes issue with the roadway extension as a resolution to the traffic problems on Sawmill since the majority of traffic comes from east of Dublin on 161 and south of Sawmill and does not enter the corridor north of 161 on Sawmill. There has been no roadway study to support this as a solution to traffic problems. He believes many questions remain to be answered prior to the City adopting this thoroughfare plan amendment. Mr. Campbell asked Mr. Shaver to clarify that the concern here is that AEP has options on the properties and the residents stand to lose those dollars if Dublin in the meantime adopts a roadway plan which affects the properties involved. Mr. Shaver stated that his fear is that Dublin will buy up the option from AEP, let the option lapse, and then negotiate with the residents on the land needed for this new roadway. He could not afford to then relocate in Dublin. AEP will provide the residents with an adequate amount of money to relocate in Dublin. Ed Brill, 6675 David Road stated that he moved to Dublin in 1958 and has seen the area change over time. Dublin should recognize that David Road is declining in residential value. There is now a chance for 7 homeowners to relocate in Dublin with the option from AEP. Mr. Campbell assured the residents that this arterial plan amendment does not actually set the alignment of the road but rather endorses the concept of the road connection. He assured the citizens that this is an effort to arrive at a win/win situation for everyone. The residents' concern with the issues are valid and Council and staff have wrestled with them for a long time. He added that staff has worked to provide the best solution for all involved. Ms. Clarke stated that the City has an opportunity to obtain an easement to this site if the AEP substation is located on the north end of Village Parkway. Staffwas not proposing to use David Road for construction or service of the site -that has been AEP's proposal. RECORD OF PROCEEDINGS Minutes of Meetin A A B NK O. F RM NO. 10148 Aril 14 1997 ~ Held P Page 12 19 ~ Burgess Schnell stated that his mother (Ethel A. Schnell) owns the property at 6629 David Road, and he and his brother would like the neighborhood to stay as it is presently and not be developed. There is plenty of land to locate a substation on either side of the site. They would like to be left alone. Mayor Kranstuber stated that Council has no authority over the zoning submitted by AEP since AEP can show the need for the substation in this location. Ms. Clarke clarified that the AEP proposal is to take lots on both sides of the street and David Road will have to be vacated for the portion between the lots. They require a block of property 3 lots wide on both sides of the street plus the street. They have options on 8 properties in total. Ms. Clarke indicated that staff would like to discuss with the residents of David Road their long term desires. Another complicating factor is that the overall plan for the 161 widening calls for David Road to be a right turn in, right turn out street. Retail development on this site is limited unless it is tied into the property owned by Wendy's. Donnabelle Scott, 4070 WDublin-Granville Road stated that she has lived in this location for 40 years and is anxious to move due to the traffic congestion and the proximity of the widened road to her house. Mayor Kranstuber pointed out that this is not relevant to what is being discussed tonight - the road network. The City has little control over the substation location. Mrs. Boring stated that she cannot support the thoroughfare plan amendment at this time without directing the staff on some further action by separate motion - to recheck the road alignment, assess how negotiable AEP is on some of the City's requests. Mayor Kranstuber moved to table the ordinance. Mr. McCash seconded the motion. Mr. Smith reminded Council that staff has been given some direction on land acquisition matters which were attached to this matter. Ms. Hide Pittaluga stated that the Transportation Task Force has studied this matter and the plan seems to make sense as it opens up the development of the area for commercial use. She will not support a motion to table. Mr. Hansley commented that AEP is delaying their action until a decision is made by Council on the road linkage. Mr. McCash suggested that AEP buy all 8 properties if the road does not go in because this will lessen the impact on the remaining residential properties. Mr. Hansley responded that the City cannot require AEP to purchase more land than they need. Ms. Clarke pointed out that this is the most expensive site AEP has ever undertaken to purchase so it is unlikely that the AEP Board would approve purchase of additional land for buffers. AEP has determined that the Martin Road site is not large enough for their needs. She noted that there may be opportunities to have both the AEP substation and a road without going through Mr. Shaver's house depending on the curvature of the existing Village Parkway. An alignment study needs to be undertaken if Council adopts this thoroughfare plan amendment. Mrs. Boring noted there is a meeting scheduled with the David Road residents on Monday Apri121, at 6:30 p.m. Mr. Campbell confirmed with Ms. Clarke that Council can vote on the plan, and the alignment can then be determined before AEP acquires the properties. Ms. Clarke confirmed this. RECORD OF PROCEEDINGS Minutes of Meeting DAYTON LEGAL BLANK CO.. CORM NO. 10148 Held April 14, 1997 Page 13 19 Mr. Reiner moved to adopt the study with the provision that staffundertake an alignment study. Mr. Campbell seconded the motion. Mr. Reiner explained that AEP is looking for consensus from Council tonight on whether the City wants to create this road network. This in turn will help AEP make their decision. Ms. Clarke added that staff will need to have the alignment study done in an expedited time frame due to the circumstances. Mr. Campbell noted that tabling the ordinance will only delay the undertaking of an alignment study, and if AEP is delayed, this could jeopardize the level of electric service in the City resulting in a crisis situation. Discussion followed regarding the possibility of approving the amendment contingent on the rezoning approval for AEP. Mr. Campbell stated that if the City does not approve the rezoning, the court will order the approval. Council is trying to facilitate the resolution of this matter so that as many people as possible can be fairly compensated. Mr. Smith stated that some of these matters were discussed during the land acquisition executive session earlier, and by not approving this arterial plan, Council could lose some of the options. He agreed that the best course of action is to approve the arterial plan and to proceed with the alignment study and rezoning. Mayor Kranstuber then withdrew his motion to table, adding that he wants to ensure that the City does not jeopardize the residents' negotiations with the utility. Mr. Campbell added that he believes the City is doing the right thing for the residents by voting in favor of the arterial plan. Mr. McCash noted that the one party not present tonight who has a stake in this matter is AEP. Vote on the ordinance - Mr. Campbell, yes; Ms. Hide Pittaluga, yes; Mrs. Stillwell, yes; Mr. McCash, no; Mayor Kranstuber, yes; Mrs. Boring, yes; Mr. Reiner, yes. Mr. Campbell requested that Council modify the agenda to advance Ordinance No. 63-97 to this time while the residents are still present. It was the consensus of Council to modify the agenda. INTRODUCTION & FIRST READIN -ORDINANCE Ordinance No. 63-97 - An Ordinance Providing for a Change in Zoning for 4.25 Acres Located at the Terminus of David Road, Approximately 720 Feet North of SR 161, from: R-4, Suburban Residential District to: PCD, Planned Commerce District. (AEP -Proposed David Road Substation) (Applicant: Columbus Southern Power Company) Mr. Campbell introduced the ordinance and moved to refer it to Planning and Zoning, and that the minutes of this discussion be forwarded to Planning Commission for their review. Mrs. Boring seconded the motion. She noted that she would like Council to consider emergency action on this ordinance at the time of public hearing in order to protect the - A health and welfare of the residents. Mr. Hansley stated that the City has been assured by an independent electrical engineer that AEP's request to expedite this project is absolutely valid, and that the City will experience outage problems as soon as the summer of 1998 if this substation is not on line at that time. Mr. Campbell noted that there is then an extremely unusual circumstance which may require emergency action from Council on this rezoning. Vote on the motion - Mr. Campbell, yes; Mr. Reiner, yes; Ms. Hide Pittaluga, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. McCash, yes; Mrs. Stillwell, yes. SECOND READIN & PUBLIC HEARIN ORDINANCES (,cont~ RECORD OF PROCEEDINGS Minutes of Meeting DAYTON LEGAL BLANK CO-. .'-"ORM NO. 10148 Held April 14 1997 Pale 14 19 Ordinance No. 43-97 - An Ordinance Amending Certain Sections of Ordinance 98- 96 ("Compensation Plan") and Authorizing Certain Wage Adjustments for Certain Job Classifications Retroactively. Mr. Hansley stated that there was a detailed memo in the previous packet from Mr. ° Harding. This ordinance involves three classifications that were left out of the PAS Compensation study because they were pending before SERB. Staff is now asking that the ordinance be retroactively amended to included these three positions. Vote on the ordinance -Mayor Kranstuber, yes; Mr. McCash, yes; Mr. Reiner, yes; Ms. Hide Pittaluga, yes; Mrs. Boring, yes; Mr. Campbell, yes. Ordinance No. 44-97 - An Ordinance to Vacate the 16.5 Foot Wide Section of Sells Alley Located Between Summit Alley and Franklin Street. Mr. Hansley stated that this vacation is necessary for the expansion of the Dublin Community Church. Staffis recommending approval. Mr. Campbell stated that he will abstain from voting on this ordinance. Vote on the ordinance - Mr. McCash, yes; Ms. Hide Pittaluga, yes; Mr. Campbell, abstain; Mr. Reiner, yes; Mrs. Boring, yes; Mayor Kranstuber, yes. INTRODUCTION & FIRST READIN - ORDINANCE Ordinance No. 46-97 - An Ordinance Amending Section 153.130 to 153.139 of the Planning and Zoning Code Relating to Landscaping. Mayor Kranstuber introduced the ordinance. Ms. Clarke stated that these amendments were written in 1995 but the process was delayed due to stafl=ing shortages and recodification of the Dublin Code since that time. This was recommended for approval by Planning Commission in December of 1995. ° j Mr. McCash added that updating of the landscape code was referred to the Community Development Committee and Mr. Foegler, prior to his departure, was working to set up a task force of developers, residents and landscape architects to review the code. Mr. Campbell asked if this should be referred to the Community Development for an all- inclusive review. Mr. Reiner moved to amend the appendix to change the 3 foot mounding and hedging requirement to 3.5 feet in order to reduce the refraction of light from the cars. Mayor Kranstuber seconded the motion. Vote on the motion -Mrs. Stillwell, yes; Mayor Kranstuber, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr. McCash, yes; Mr. Campbell, yes; Ms. Hide Pittaluga, abstain. There will be a second reading of the amended ordinance at the May 5, 1997 Council meeting. Discussion followed about the introduction of Mr. Refiner's landscape amendment and appearance code ordinance. It was the consensus of Council to introduce these ordinances at the May 5 Council meeting. Ordinance No. 47-97(E) - An Ordinance Revising and Amending Chapter 51 of the Codified Ordinance of the City of Dublin, and Declaring an Emergency (Sewer Charges). Mayor Kranstuber introduced the ordinance. Ms. Grigsby stated that as part of the City's low interest loan through the Ohio EPA there is a requirement to have sections in the legislation that authorizes sewer rates. There is no ~ change of any of the fees that are charged for users or capacity with this legislation. They have requested emergency action so that the records reflect these rates. Mayor Kranstuber moved to dispense with the public hearing and treat this as emergency legislation. Ms. Hide Pittaluga seconded the motion. Mrs. Stillwell asked that the language be clarified to read "City of Dublin" where it states "City" in the ordinance. Vote on the motion - Mr. McCash, yes; Mr. Campbell, yes; Mr. Reiner, yes; Mayor Kranstuber, yes; Mrs. Stillwell, yes; Mrs. Boring, yes; Ms. Hide Pittaluga, yes. Vote on the ordinance - Mr. McCash, yes; Mr. Reiner, yes; Mrs. Stillwell, yes; Mayor Kranstuber, yes; Mr. Campbell, yes; Mrs. Boring, yes; Ms. Hide Pittaluga, yes. RECORD OF PROCEEDINGS Minutes of Meeting DAYTON LEGAL BLANK CO.. CORM NO. 10148 Held Anril 14. 1997 Page 15 19 Ordinance No. 49-97 - An Ordinance Amending the Annual Appropriations for the Fiscal Year Ending December 31, 1997. Mayor Kranstuber introduced the ordinance. Ms. Grigsby noted that staff is requesting that the public hearing be dispensed with for this ordinance. The ordinance includes funding for computer consulting services and is recommended by the ad hoc computer committee of Council. ~ Ms. Hide Pittaluga reported that the committee has reviewed the scope of the services and work which has been done, including the maintenance needs and updating of equipment, and believes this funding is in line with the needs. Mayor Kranstuber moved to dispense with the public hearing and treat this as emergency legislation. Ms. Hide Pittaluga seconded the motion. Vote on the motion -Mrs. Stillwell, yes; Mr. Campbell, yes; Mr. McCash, yes; Ms. Hide Pittaluga, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mayor Kranstuber, yes. Vote on the ordinance -Mrs. Stillwell, yes; Mr. Reiner, yes; Mrs. Boring, yes; Ms. Hide Pittaluga, yes; Mr. McCash, yes; Mr. Campbell, yes; Mayor Kranstuber, yes. Ordinance No. 50-97 - An Ordinance Authorizing the City Manager to Enter into a Cooperative Agreement with ODOT for the Rings Road Bridge Widening Over I- 270. Mrs. Stillwell introduced the ordinance. Mr. Hansley stated that this legislation provides for the widening of Rings Road bridge from three lanes to four lanes, consistent with traffic studies recently completed for the southwest area. Staff is asking that this be held over for second reading. There will be a second reading of the ordinance at the May 5 meeting. Ordinance No. 51-97 - An Ordinance to Update the Arterial Traffic Plan for the %w City of Dublin to Incorporate the Avery Road Alignment Study of 1996. Mayor Kranstuber introduced the ordinance. Mayor Kranstuber moved to refer it to Planning and Zoning and to the Transportation Task Force. Mrs. Stillwell seconded the motion. Vote on the motion - Mr. Campbell, yes; Mrs. Stillwell, yes; Mr. McCash, yes; Mr. Reiner, yes; Mrs. Boring, yes; Ms. Hide Pittaluga, yes; Mayor Kranstuber, yes. Mayor Kranstuber asked Mr. Smith to comment on the appropriation ordinances which follow on the agenda as Numbers 52-97 through 61-97. Mr. Smith noted that emergency action is needed for these ordinances to expedite the Frantz/161 improvements project. Negotiations are still underway and settlements have been reached with 6 property owners. Mayor Kranstuber asked that the clerk read into the record the names of the property owners involved. Ordinance 52-97-An Ordinance to Appropriate a 0.094 Acre Temporary Construction Easement and a 0.086 Acre Fee Simple Interest in Property Owned by NBD Bank nka the Fifth Third Bank of Cincinnati, Located on the East Side of Frantz Road and South of Metro Place, in the City of Dublin, County of Franklin, State of Ohio, and Declaring an Emergency. Ordinance 53-97 - An Ordinance to Appropriate a 0.228 Acre Fee Simple Interest 4. ~ in Property Owned by Rea Real Estate II, Ltd., Located on the South Side of Post Road, in the City of Dublin, County of Franklin, State of Ohio, and Declaring an Emergency. Ordinance 54-97 - An Ordinance to Appropriate a 0.034 Acre Temporary Construction Easement and a 0.080 Acre Fee Simple Interest in Property Owned by Host Marriott Corporation, Located on the South Side of Post Road, in the City of Dublin, County of Franklin, State of Ohio, and Declaring an Emergency. Ordinance 55-97 - An Ordinance to Appropriate a 0.033 Acre Temporary Construction Easement and a 0.263 Acre Fee Simple Interest in Property Owned by Red Roof Inns, Inc., Located on the South Side of Post Road, in the City of Dublin, County of Franklin, State of Ohio, and Declaring an Emergency. RECORD OF PROCEEDINGS Minutes of Meetin A NK O. F RM N 10148 Held April 14, 1997 Page 16 19 ~ Ordinance 56-97 - An Ordinance to Appropriate a 0.016 Acre Temporary Construction Easement and a 0.033 Acre Fee Simple Interest in Property Owned by Harley E. Rouda, Jr., Located on the East Side of Frantz Road, in the City of Dublin, County of Franklin, State of Ohio, and Declaring an Emergency. Ordinance 57-97 - An Ordinance to Appropriate a 0.005 Acre Fee Simple Interest in Property Owned by Donald R. Kenney Located on the East Side of Frantz Road, in the City of Dublin, County of Franklin, State of Ohio, and Declaring an Emergency. Ordinance 59-97 - An Ordinance to Appropriate a 0.056 Acre Temporary Construction Easement and a 0.315 Acre Fee Simple Interest in Property Owned by Bob and Kids, Inc., Located on the North Side of Post Road, in the City of Dublin, County of Franklin, State of Ohio, and Declaring an Emergency. Ordinance 60-97- An Ordinance to Appropriate a 0.103 Acre Temporary Construction Easement and a 0.004 Acre Fee Simple Interest in Property Owned by Fergus Properties, Inc., Located on the North Side of Post Road, In the City of Dublin, County of Franklin, State of Ohio, and Declaring an Emergency. Ordinance 61-97- An Ordinance to Appropriate a 0.007 Acre Temporary Construction Easement and a 0.005 acre Fee Simple Interest in Property Owned by the Villages at Corbin's Mill Drive, Located on the South Side of Corbin's Mill Drive, in the City of Dublin, County of Franklin, State of Ohio, and Declaring an Emergency. Ms. Grigsby noted that a correction is needed to all of the appropriation ordinances prior to introduction. They each make reference to the "Public Works Fund" and this should instead be the "Capital Improvements Tax Fund." She will correct these. Mr. Hansley noted for the record that all the properties owners have been notified of this action prior to tonight's meeting. a Mayor Kranstuber introduced Ordinances 51-97, 52-97, 53-97, 54-97, 55-97, 56-97, 57- 97, 59-97, 60-97, and 61-97, moved to dispense with the public hearings and declare an emergency. Ms. Hide Pittaluga seconded the motion. Vote on the motion - Ms. Hide Pittaluga, yes; Mrs. Boring, yes; Mrs. Stillwell, yes; Mr. Reiner, yes; Mayor Kranstuber, yes; Mr. McCash, yes; Mr. Campbell, yes. Vote on the ordinance - Mayor Kranstuber, yes; Mr. Campbell, yes; Mr. McCash, yes; Mr. Reiner, yes; Mrs. Stillwell, yes; Mrs. Boring, yes; Ms. Hide Pittaluga, yes. Ordinance No. 62-97 - An Ordinance Providing or a Change in Zoning for 4.337 Acres Located on the Southeast Corner of Perimeter Drive and Perimeter Loop Road, and Abutting US 33/SR 161 from: PCD, Planned Commerce District to: PCD, Planned Commerce District. (Gordon Flesch Company, Inc. -Perimeter Center). (Applicant: Mark Daniels, Meacham & Apel Architects, 5640 Frantz Road, Dublin, Ohio 43017) Mrs. Boring introduced the ordinance and moved referral to Planning and Zoning Commission. Ms. Hide Pittaluga seconded the motion. Vote on the motion -Mrs. Boring, yes; Mr. Campbell, yes; Mr. Reiner, yes; Ms. Hide Pittaluga, yes; Mr. McCash, abstain; Mrs. Stillwell, yes. Ordinance No. 64-97 - An Ordinance Providing for a Change in Zoning for 65.455 Acres Located on the North Side of Summitview Road, Approximately 400 Feet West of Trails End Drive from: R-1, Restricted Suburban Residential District to: PLR, Planned Low Density Residential District. (Conine Property) (Applicant: Jackson B. Reynolds III, Smith & Hale, 37 W. Broad St., Suite 725, Col. Ohio 43215) Ordinance No. 65-97 - An Ordinance Providing for a Change in Zoning for 2.956 Acres Located on the South Side of Perimeter Drive, Approximately 280 Feet East of Avery road, from: PCD, Planned Commerce District to: PCD, Planned Commerce District. (TREC Development - 6235 and 6239 Perimeter Drive) (Applicant: Timothy W. Reardon, P.O. Box 165, Dublin, Ohio 43017) Mrs. Boring introduced Ordinance Nos. 64 and 65-97 and moved to refer them to Planning and Zoning Commission. RECORD OF PROCEEDINGS Minutes of Meeting YT E A BLANK CO. FORM NO. 10148 I' Held_ April 14, 1997 P g~ ~ 7 19 Mr. Reiner seconded the motion. Vote on the motion - Mr. McCash, yes; Ms. Hide Pittaluga, yes; Mrs. Boring, yes; Mr. Campbell, yes; Mr. Reiner, yes; Mrs. Stillwell, yes. Ordinance No. 66-97 - An Ordinance Accepting the Lowest/Best Bid for Emerald Parkway, Phase 4, and Declaring an Emergency. Mr. Campbell introduced the ordinance. Mr. Hansley stated that Mr. Kindra has provided a detailed memo and a tab sheet for the bids. Staff is recommending the low bidder. Mrs. Stillwell noted that there is a typographical error of an extra zero in the cost listed in the ordinance. This should be corrected. Ms. Hide Pittaluga moved to dispense with the public hearing and treat as emergency legislation. Mr. Campbell seconded the motion. Vote on the motion -Mrs. Stillwell, yes; Ms. Hide Pittaluga, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr. McCash, yes; Mr. Campbell, yes. Vote on the ordinance - Mr. McCash, yes; Mr. Reiner, yes; Mrs. Stillwell, yes; Mr. Campbell, yes; Ms. Hide Pittaluga, yes; Mrs. Boring, yes. INTRODUCTION & P LI HEARING RESOL TION Resolution No. 08-97 - A Resolution Authorizing the Regulation of Traffic on Muirtield Drive and Other Roads in Muirtield Village and Waiving Certain Provisions of the Dublin Sign Code During the Annual Memorial Tournament. Mr. McCash introduced the resolution. Mr. Hansley explained this is an annual housekeeping matter to allow the tournament to post their directional signs and allow the City to close certain streets and provide parking within the median at Muirfield Drive. Staffis recommending adoption. Vote on the resolution -Mrs. Boring, yes; Mr. McCash, yes; Mayor Kranstuber, yes; Mr. Campbell, yes; Mr. Reiner, yes; Mrs. Stillwell, yes; Ms. Hide Pittaluga, yes. OTHER Final Plat -Gorden Farms Ms. Clarke stated when Gorden Farms was reviewed, Council had requested that the final development plan be reviewed by Council prior to initiation of construction. The application was reviewed by Planning Commission on March 6. She showed slides of the site and elevations and described the proposed development. 1. The screening and transition between the nature preserve and the multi-family development consists of a heavily planted row of native Ohio species which will resemble an historic hedgerow. The developer has agreed that half the trees will be of a larger caliper of 3.5 inches and half will be 2.5 inches in caliper. 2. Staff would prefer to have a second access point for this site to the west. But since the property to the west is not currently in Dublin's jurisdiction, it is not enforceable. In the interim, a temporary connection has been included so that residents can have access through that location. The final development plan as acted on by Planning Commission did provide for emergency vehicle access only. 3. The detailing on the outbuildings, garages, etc. will have a rural country horse farm motif. The siding is a cement and fiber composite and has a nicer appearance than wood siding. The Planning Commission has recommended approval. Bill Riat. President of Casto Communities stated that they have resolved the outstanding issues with this development, and they have worked with the residents on an extensive buffering plan. He described the details of the development which has a figure 8 plan with large setbacks in front. The fence will be dark green instead of white. They have included a wetlands lake in the park which will filter the water before it gets to the stream. Mr. Campbell commented that it is very unusual for Council to do this level of detailed review at the final development plan stage. The reason for this thorough review is to ensure that there will be adequate buffering from the nature reserve and from Lowell RECORD OF PROCEEDINGS Minutes of Meetin A NK O. FORM N 10148 Aril 14 1997 Held P Pag~18 19 ~ Trace. Several members of Council who voted in favor of this application were criticized in the local newsletters for supporting this application. He believes that Council has made their best effort to accommodate the land use and at the same time insulate the park from this site. He asked Mr. Riat to comment on the satisfaction level of the neighboring residents with the plan as now proposed. Mr. Riat responded that he believes they are happy with the compromise. Regarding the access issue, he is not sure all parties are satisfied. Keith Anderson Lowell Trace Civic Association stated that the Association is satisfied with the landscaping. Jim Houk_ Bird & Houk & A sociates addressed Council and showed them the landscaping renderings. It will replicate a hedge row plant with ornamental trees and shrubs included. Approximately 75 percent of the initial plan will fill in within a couple of years. There will be a higher opacity in the summer than winter, but they have planned the landscaping to be dense and to consist of native Ohio materials. Mr. Campbell summarized that Council had directed the applicant to design a natural looking, opaque as possible landscaping buffer and it appears that all parties are satisfied with the plan. Mr. McCash noted that he has some concern with the paint color. If the white is too bright, it will have an impact on the nature preserve. He would like to add a contingency on the final development plan approval that staff work with the applicant to ensure that the paint is not too bright. Mr. Riat agreed to work with staff on this. Mr. Campbell stated that this is an additional condition #17. He asked Mr. McCash if he is satisfied with the removable bollards in condition #14, and Mr. McCash responded that he is not in favor of taking them out. Mr. Reiner added that he does not want to see any substandard plant materials in this location since it abuts the park. He suggested that when the tulip poplar trees are purchased that they be grown in a hardy zone to ensure their survival in Ohio. He suggested that the City forester approve the trees to ensure their high quality. This would be an additional condition of the approval. Mr. Riat agreed to have the City forester approve the trees. Mr. McCash asked how the access road to the west will be coordinated as the western property is brought into the City and who will pay for installing the access road on this property. Mr. Riat responded that he assumes that the access would be at the applicant's expense on this property, but they would not want to tie into something that was not a compatible use, i.e., a shopping center. Mr. McCash noted that he wants to be sure that if the property is sold, the subsequent purchaser is obligated to install that road. Ms. Clarke responded that the access road will have to be shown on the site plan prior to obtaining a building permit. Mrs. Boring moved that Council accept the final plat for Gorden Farms with the 16 conditions of Planning Commission, with additional condition #17 that the paint color be coordinated subject to staff approval and condition #18 that the park grade trees be reviewed and approved by the City forester. Mr. McCash seconded the motion, clarifying that condition #14 regarding the bollards is not a misstatement. Vote on the motion - Mr. Reiner, yes; Mrs. Boring, yes; Mr. Campbell ,yes; Mr. McCash, yes; Mayor Kranstuber, yes; Mrs. Stillwell, yes. cardinal Health -Development Text Revision RECORD OF PROCEEDINGS Minutes of Meetin DA1T A 6L4NK CO. FORM NO. 10148 Held April 14, 1997 Page 19 ig Ms. Clarke stated that the necessary slope easement for Emerald Parkway cut substantially into the setback for Cardinal Health's site. In order to preserve the amount of parking to support the buildings, staff recommended text changes: 1) reducing the size of the parking spaces from 9 feet to 8.5 feet in width; 2) reducing the eastern site setback from 50 feet to 40 feet. These are the only substantive changes with this text revision. Linda Menerv, lVBBJ showed slides of the elevations of the buildings. Following the slide presentation, Mayor Kranstuber moved to approve the development text revision. Mr. Reiner seconded the motion. Vote on the motion - Mr. McCash, yes; Mrs. Stillwell, yes; Mr. Campbell, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mayor Kranstuber, yes. Cardinal Health Storm water Detention Waiver Mr. Centra commented that he has forwarded a memo to Council regarding this matter. He noted that there are 8 conditions recommended with the waiver, and if Council chooses to do so, they may add a condition regarding aesthetics. He added that he would like to see a commitment from the developer to work with the City's contractor to expedite condition #4 which relates to the widening of Dublin Road. Mr. Reiner suggested adding a condition that the aesthetics for the pipe outlet at the river be enhanced. Ben Hale agreed to that additional condition, and noted that they also understand the need to work with staffto expedite the Dublin Road widening construction by cooperating under condition #4. Mrs. Boring stated that she believes Council needs to look more carefully at waivers such as this which will affect downstream property owners. Mr. McCash noted that in this case, the storm water detention that is being waived is being piped directly to the river, not into a stream along the way. Discussion followed. Mrs. Stillwell summarized that some regional discussions are needed regarding storm water handling. Mr. Campbell moved to approve the storm water detention waiver request for Cardinal Health subject to the conditions in the staff report, plus the additional condition regarding the aesthetic improvement of the exit pipe at the river and erosion control at that site. Mayor Kranstuber seconded that motion. Vote on the motion - Mr. Campbell, yes; Mr. McCash, yes; Mr. Reiner, yes; Mrs. Boring, no; Mrs. Stillwell, yes; Mayor Kranstuber, yes. committee Reports Mr. McCash, ad hoc bridge committee noted that they have submitted their report to Council with a recommendation of an estimated $187,000 of design improvements for the I-270 bridge as outlined in their report. Mrs. Boring moved approval of the Committee's recommendation as contained in the report. Mr. Campbell seconded the motion. Vote on the motion -Mrs. Stillwell, yes; Mr. McCash, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mr. Campbell, yes; Mayor Kranstuber, yes. Mrs. Stillwell, Administrative Committee stated that the workshop session will be held on Monday to discuss Council operations and meetings. The Committee proposes that Marilyn Marr facilitate this session. There was no objection. Following discussion about some conflicts with the date, the meeting was rescheduled for RECORD OF PROCEEDINGS Minutes of Meetin A NK FORM NO. 10148 Held April 14, 1997 ge 20 19 Monday, Apri128 from 6 to 9 p.m. Discussion followed about the proposal to have a Council float for the Fourth of July parade. It was the consensus of Council to have a float versus having individual cars. ~ Mrs. Stillwell reported that a memo has been provided from the Waterford Civic Association representatives regarding the traffic calming measures being considered for the neighborhood. Since there is no policy regarding the installation of speed humps, she suggested that perhaps the Transportation Task Force could review this matter to formulate a policy. She offered to prepare a motion to refer this matter at the May meeting. Mrs. Boring noted that complimentary tickets for the Dublin Singers concert on Sunday, Apri120 were included in the packet. She is looking forward to their first concert. Mayor Kranstuber reported that on behalf of Council, he has sent a fruit basket to the Fay family of Dublin. Mrs. Fay was killed in an automobile accident recently and she was a very active community volunteer. Mr. Campbell, Finance Committee reported that they will meet on Wednesday, April 16 at 7 p.m. to review bed tax applications. Mrs. Stillwell, Administrative Committee reported that they will meet on Thursday, April 17 at 6:30 p.m. in the Conference Room at the Municipal Building. Mr. McCash, Community Development Committee reported that they will meet on Friday, " April 18 at 4 p.m. at the Development Department. Mayor Kranstuber moved to adjourn to executive session for land acquisition and personnel matters discussion. He announced that the meeting will not be reconvened following the executive session. Mr. McCash seconded the motion. Vote on the motion -Mrs. Stillwell, yes; Mr. Reiner, yes; Mr. McCash, yes; Mayor Kranstuber, yes; Mrs. Boring, yes; Mr. Campbell, yes. The meeting was adjourned to executive session at 12:15 a.m. c May -Presiding Officer !p ~ Clerk of Council