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HomeMy WebLinkAbout04/22/1996 RECORD OF PROCEED[NGS Minutes of Dublin City Council Meeting Meeting DAYTON LEGAL BLANK Held April 22, 1996 19 Mayor Kranstuber called the informal portion of the Dublin City Council meeting to order at 7:00 p.m. on Monday, April 22, 1996. EarthWeek Poster Awards Mayor Kranstuber and Vice Mayor Stillwell presented the awards for the EarthWeek Poster contest to the following students: Dusty Jenkins, first grade, Thomas Elementary; Eli Pierce, second grade, ` Chapman Elementary; Ashley Hegedus, third grade, Thomas Elementary; Chanel Smith, fourth grade, Olde Sawmill Elementary; and Priya Jhangiani, fifth grade, Wright Elementary. The students then led Council and the audience in the Pledge of Allegiance. Comments from Staff Ms. Bearden introduced Evgeney Bagrey, a Russian businessman who has been visiting and touring Dublin for the past two days as part of the Business for Russia Program managed by the International Visitors Council, Inc. Mayor Kranstuber welcomed Mr. Bagrey to Dublin on behalf of Council. Mr. Hanslev stated that Bob Lesiacsek is present to respond to Council's concerns regarding information systems. Mr. Lesiacsek reported that Ms. Puskarcik's staff is working on the web page and he is working on the hardware connection between the City and the Internet provider. Ms. Grigsby added that Mr. Lesiacsek provided a memo to Council updating them on the status of these projects and causes of delays. She estimates that the web pages will be up and running within 9 to 10 weeks, based on discussion with the consultant, PromoNet. r Ms. Hide Pittaluga asked about the status of the computer project for the City which was budgeted for in November. Mr. Lesiacsek responded that the monies allocated in the 1996 budget were to replace existing equipment and to upgrade equipment. Ms. Grigsby noted that four servers have been ordered, some additional terminals, and the Council notebook computers. Much of the budgeted $325,000 has already been spent or encumbered. Discussion followed about the existing plan for computerization of the City. The current plan was adopted in 1990. Following discussion, Ms. Grigsby suggested that a Council Committee meet with staff to review this matter. Mayor Kranstuber proposed that an ad hoc committee study this matter with staff and report back to Council. Ms. Hide Pittaluga and Mr. McCash agreed to serve on the ad hoc committee and a meeting date was set for Friday, May 3 at noon at City Hall. Mr. Kindra announced that: 1. The preliminary draft of the Avery Road alignment study is now complete and a public meeting will be scheduled within the next several weeks to review the study. 2. The bid opening for Emerald Parkway Phase II is scheduled for May 2, and staff will bring a recommendation on the bid award to Council at the May 6 meeting. Ms. Jordan reported: 1. Over 238 passes have been sold to date for the Rec Center. In the past week, 329 passes were sold for the outdoor pool. Staff is working to implement computer software to provide a monthly billing option for passholders. 2. The Arbor Day celebration will take place on Friday at 4 p.m. at the Rec Center. Mr. McDaniel stated that: 1. The fifth annual Household Hazardous Waste collection day took place on Saturday and Sunday with record-breaking attendance. 2. On behalf of the Ohio National Guard Association, he thanked the Mayor for the proclamation welcoming the guard members to their state conference in Dublin on Saturday. Mr. Campbell volunteered to present the proclamation on Saturday morning. Mr. Hanslev announced that Ron Ferrell, Chief of Police will retire in early June and will serve as Depty Director of the Bureau of Criminal Investigation and Identification for the State of Ohio RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 2 Meeting DAYTON LEGAL BLANK Held April 22, 1996 19 Attorney General's office. He applauded Chief Ferrell for his years of service to Dublin and noted that it will be a tremendous loss for Council, staff and the community at large. Chief Ferrell then publicly thanked the City staff and Council for allowing him the opportunity to serve the City over the past 8 years. Lt. Geis will be appointed as Interim Chief of Police, and he is confident that Lt. Geis will do an excellent job. Mayor Kranstuber called the formal session of Dublin City Council to order at 7:30 p.m. Roll Call Council members present were: Mayor Kranstuber, Mrs. Stillwell, Mrs. Boring, Mr. Campbell, Ms. Hide Pittaluga, Mr. McCash and Mr. Zawaly. Staff members present included: Mr. Hansley, Mr. Smith, Ms. Grigsby, Mr. Kindra, Ms. Clarke, Ms. Jordan, Mr. McDaniel, Chief Ferrell, Ms. Crandall and Ms. Bearden. Approval of the Minutes of the April 1, 1996 Meeting Mrs. Boring noted a correction to the roll call where it should indicate that she was absent and excused. Mayor Kranstuber moved approval of the minutes with this correction. Mrs. Stillwell seconded the motion. Vote on the motion - Mr. Zawaly, yes; Mr. McCash, yes; Mrs. Stillwell, yes; Mr. Campbell, yes; Mrs. Boring, abstain; Ms. Hide Pittaluga, yes; Mayor Kranstuber, yes. Proclamations Mayor Kranstuber read a proclamation declaring April as "Operation Feed" month in the City of Dublin. Mrs. Stillwell noted that Dublin is part of a much larger azea-wide event for Operation Feed, and urged citizens to participate at the Dublin-Coffinan High School drop off site. Mayor Kranstuber then read a proclamation in honor of Arbor Day on Friday, Apri126. He noted that the celebration is scheduled at 4 p.m. on Friday at the Rec Center. Correspondence The clerk reported that there was no correspondence requiring Council action. Comments from Visitors Rick Graham. 6328 Conleth Circle addressed Council regarding his safety concerns about the bikepath which will provide access to Dublinshire Greenway Pazk. The bikepath is scheduled to be installed between two driveways in an area which is not wide enough to accommodate the path. The driveways will therefore be used as spillover areas for the path, and the cars moving in and out of the driveways will be a safety hazard for the bikepath users. He noted that there is also a large storm drain in the azea where the bikepath will be installed and the grate will create a hazard for rollerbladers. In addition, there is an electric utility box located very close to the bikepath, creating another safety issue for children. He requests that a Council Committee review this situation before the City proceeds with construction of the path. Phil Block. Conleth Circle stated that he, too is concerned about the same safety issues associated with this planned bikepath. He offered to respond to any questions from Council. Jody Graham. 6328 Conleth Circle stated that they were aware that the bikepath was to be installed between their lots at the time of purchase of their homes. She had viewed other paths in Dublin and was satisfied that they were aesthetically pleasing. Unfortunately, this bikepath will not look like others due to the factors cited by her husband and neighbor. There are important safety issues involved in this situation. Ms. Clarke stated that the bikepath is a recorded easement and unfortunately was not installed earlier in the construction process. Ms. Jordan added that Assistant City Engineer Randy Bowman has been in contact with Centex homes about resolving the situation. Staff is working on the issues and has determined that the bikepath in this location will be more of a pedestrian path size due to the narrow area available. Mr. McCash suggested that the bikepath be relocated to another area within the development. Discussion followed, and Mr. McDaniel suggested that staff schedule additional meetings with the homeowners to try and work this out. Mr. Campbell emphasized that while he understands the residents' concerns, he does not think the City can choose to abandon the bikepath plans at this late stage. He is hopeful that the situation can be resolved to accommodate the residents' concerns and meet the community's need for access to RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 3 Meeting DAYTON LEGAL BLANK Held April 22, 1996 19 the park. Mayor Kranstuber moved to refer the issue to the Public Services Committee. Mrs. Boring seconded the motion. Ms. Hide Pittaluga suggested that the Committee members visit the site at 4:30 p.m. on May 9, prior to the Public Services meeting at 5:30 p.m. at City Hall. Mrs. Boring requested that a map of the overall development and planned bikepaths be provided to the Committee members prior to the meeting. Vote on the motion - Mr. Campbell, yes; Mrs. Stillwell, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Ms. Hide Pittaluga, yes; Mr. McCash, yes; Mayor Kranstuber, yes. Council Round Table Ms. Hide Pittaluga stated that: 1. Council has not had any discussion regarding the Rec Center logo which was provided in a packet about a month ago. She is not personally satisfied with the design of the logo and asked if other Council members have an opinion. Ms. Jordan noted that the logo has been utilized in print pieces, but the facility signage is not in production at this time. Discussion followed about the proposed logo, and because of the general concern with the design, Mr. Hansley requested a motion that staff redesign the logo, that it be similar to the existing City logo, and that several options be presented to Council in two to four weeks. Mayor Kranstuber so moved. Ms. Hide Pittaluga seconded the motion. Vote on the motion -Mrs. Boring, yes; Mrs. Stillwell, yes; Mr. Zawaly, yes; Mayor Kranstuber, yes; Mr. McCash, yes; Mr. Campbell, no; Ms. Hide Pittaluga, yes. 2. She would like information on the status of the Billingsley Ditch renaming. Mr. McCash responded that this was referred to Community Development Committee, and Chuck Petty has reported that there is no officially registered name for the ditch. They are waiting for additional information from the U.S. Geological Services prior to the Committee making a recommendation back to Council on the process for renaming. Mr. Zawaly: 1. Noted that he spoke with the Mayor today about the need for an ad hoc committee to carry through with the legislation necessitated by the passage of the Revised Charter. He would propose that the ad hoc committee be comprised of him and Mrs. Stillwell as they represented Council on the Charter Review & Revision Commission. The two functions of the Committee will be to serve as a clearinghouse of the effort generated through the law department and to give direction for those issues, and then to coordinate the Committee of the Whole meetings in order to accomplish as much as possible before the July 4 effective date of the Revised Charter. Mr. Zawaly moved to create an ad hoc committee for these purposes. Mrs. Boring seconded the motion. Vote on the motion -Mrs. Stillwell, yes; Mayor Kranstuber, yes; Mr. McCash, yes; Ms. Hide Pittaluga, yes; Mrs. Boring, yes; Mr. Campbell, yes; Mr. Zawaly, yes. 2. Congratulated Mrs. Stillwell over recent installation as the new Chair of the Mid-Ohio Regional Planning Commission. He added that the entire City is proud of her for taking on this leadership role. Mrs. Stillwell thanked the community for their support and the Council, board and commission and staff members for their attendance at the luncheon. Mr. McCash: 1. Added his congratulations to Mrs. Stillwell as the new Chair of MORPC. 2. Thanked Ms. Puskarcik and staff for the news release regarding the West Branch sewer which emphasized the positive efforts being undertaken by the City to resolve the problems. 3. Pointed out the ODOT letter in the packet regarding House Bill 565 and the potential for speed limits being raised on U.S. 33 from Avery/Muirfield. Mr. Hansley stated that staff is studying the implications of this bill on the various roads in the City and will report back to Council. 4. Attended the New Council Member training sponsored by the OML. They are looking for volunteers from the local governments to be regional legislative coordinators. Mrs. Stillwell commented that this would probably relate to the relationship management goal that RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 4 Meeting DAYTON LEGAL BLANK Held April 22, 1996 lg was referred to the Administrative Committee, and she asked for a copy of the letter from the OML regarding this. 5. Noted that the OML is opposed to Senate Bill 118 -the building standards bill. He is supportive of some of the provisions of this bill, and requested that Mr. Lenz and Mr. Smith research the bill and its implications and report back to Council. He would then like Council to consider sending a letter of support to the legislature. Mr. Smith responded that legal staff is working to set up a process to deal with these types of issues and how they impact the City. He will be happy to prepare the memo as requested. Mrs. Boring brought greetings to Council from San Antonio in the form of a "cassaroni" - a brightly colored egg shell filled with confetti. She attended a program planning session for the NLC December conference and lobbied for healthy city themes. She encourages all Council members to attend the NLC conference in San Antonio and thanked staff for their assistance in helping her prepare for the meeting. Mrs. Stillwell commented: 1. Thanks to everyone at the City for their support of the MORPC luncheon. 2. She attended aBusiness/Arts partnership meeting of the for Greater Columbus Arts Council last week with Janet Jordan and Christy Rosenthal. The Field of Corn public art piece was nominated for an award. 3. She also attended a farewell reception at the Columbus Museum of Art for Pharmacia - a Dublin-based company which has merged with a company from Kalamazoo, Michigan. Pharmacia left a legacy to the Central Ohio community in gifts to OSU, COSI, and the Museum of Art. Mayor Kranstuber commented: 1. The D.A.R.E. graduations are now scheduled, and he plans to attend the Thomas Elementary graduation on Wednesday evening. He asked Mr. McCash to attend the Scottish Corners graduation on Thursday evening. b. 2. Mr. Campbell will attend the Saturday convention at Stouffer's to represent Council to the Ohio National Guard Association. 3. The CRC tour with the Dublin School Board was well attended, and he thanked staff for their assistance. 4. He is researching with Recreation staff members the formation of a Dublin Teen Board and thanked staff for their input. LEGISLATION Tabled Legislation Resolution No. 07-96 - A Resolution Authorizing the City Manager to Convey aRight-of--Way Easement to the Ohio Bell Telephone Company Which Will Provide Service to the Summitview Road Area, and Declaring an Emergency. (Tabled at Third Reading) Mr. Hansley reported that Mike Kehoe of Ameritech contacted him today and requested that Council leave this on the table until some additional research is completed. The resolution remains tabled. Third Readings Ordinance No. 29-96 - An Ordinance Authorizing the Regulation of Traffic on Muirfield Drive and Other Roads in Muirfield Village and Waiving Certain Provisions of the Dublin Sign Code during the Annual Memorial Tournament. (Third Reading) Vote on the ordinance - Mr. Campbell, yes; Ms. Hide Pittaluga, yes; Mayor Kranstuber, yes; Mr. McCash,yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mrs. Stillwell, yes. Ordinance No. 35-96 - An Ordinance Waiving Ohio's Design Professional Selection Law under Ohio Revised Code Section 153.65 - 153.71, to Enable the City to Award Contracts for Construction Management Contracts and Professional Design Services. (Third Reading) In response to Ms. Hide Pittaluga, Mr. Smith stated that the ordinance requires that the City Manager establish specific guidelines of what constitutes a design service. Mr. Hansley noted that the State law has changed, and this legislation clarifies that Dublin as a Charter city is not required to follow State law on this matter. Vote on the ordinance -Mrs. Stillwell, yes; Mr. McCash, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. Campbell, yes; Ms. Hide Pittaluga, yes. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 5 Meeting DAYTON LEGAL BLANK Held April 22, 1996 19 Second Readings Ordinance No. 39-96 - An Ordinance Accepting the Lowest/Best Bid for the 5800 Building Parking Lot Improvements, and Declaring an Emergency. (Second Reading) Mr. Hansley stated that staff recommends adoption by emergency in order to initiate the project prior to the busy construction season. There are no aggrieved parties contesting the bids. Mr. Campbell moved to waive the three-time reading rule and treat this as emergency legislation in order to proceed with the paving project. Mrs. Stillwell seconded the motion. Vote on the motion -Mrs. Stillwell, yes; Mr. McCash, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. Campbell, yes; Ms. Hide Pittaluga, yes. Vote on the ordinance -Mrs. Boring, yes; Ms. Hide Pittaluga, yes; Mr. Campbell, yes; Mrs. Stillwell, yes; Mr. McCash, yes; Mr. Zawaly, yes; Mayor Kranstuber, yes. First Readings Ordinance No. 40-96 - An Ordinance Amending the Annual Appropriations for the Fiscal Year Ending December 31, 1996, and Declaring an Emergency. (First Reading) Mr. Zawaly introduced the legislation and moved that the three-time reading rule be waived and that this be treated as emergency legislation. Mayor Kranstuber seconded the motion. Ms. Grigsby stated that information was provided in the packet regarding the need for the traffic signalization study and the need to amend the appropriations by emergency. In response to Mrs. Boring's question, Lt. Geis confirmed that the 12 intersections to be studied have the highest incidence of accidents. Vote on the motion - Ms. Hide Pittaluga, yes; Mrs. Stillwell, yes; Mr. Campbell, yes; Mayor Kranstuber, yes; Mrs. Boring, yes; Mr. Zawaly, yes; Mr. McCash, yes. In response to Mrs. Stillwell, Ms. Grigsby stated that the Barton Ashmann contract specifies not to exceed $33,000, and staff increased the appropriation request to cover modifications or additions to the contract. Vote on the ordinance - Mr. Campbell, yes; Mr. McCash, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Ms. Hide Pittaluga, yes; Mrs. Stillwell, yes. Consent Agenda Items Mr. Campbell moved to treat Ordinance Nos. 41-96 and 42-96 and Resolution No. 08-96 as consent items, introducing them, waiving the reading, and holding them over for second reading. Mrs. Boring seconded the motion. Vote on the motion - Mr. Zawaly, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. Campbell, yes; Ms. Hide Pittaluga, no; Mrs. Stillwell, yes; Mr. McCash, yes. Ordinance No. 41-96 - An Ordinance Authorizing the City Manager to Enter into a Cable Television Franchise Agreement with Ameritech/New Media, Inc. (First Reading) Ordinance No. 42-96 - An Ordinance Extending the Time Warner Communications Franchise Agreement. (First Reading) Resolution No. 08-96 - A Resolution Adopting the City of Dublin's Goals for 1997. (First Reading) OTHER Final Plat -Shannon Glen -Section 1 (Applicant: Avery Road Associates, c/o Bruce Massa, 42 E. Gay Street, 6th Floor, Columbus, OH 43215) Ms. Clarke stated that this is a final plat for Section 1 of a 40-acre development located on the northeast corner of Brand Road and Avery. The land is zoned PUD and is asingle-family subdivision. The final development plan was approved by the Planning Commission in January of 1995. P& Z approved this with 10 conditions. Staff recommends approval by Council with the conditions contained in the Record of Action of January 19, 1995. L That a hydraulic study of the stream be provided, addressing its current capacity and the impact of this site on its future capacity, and that appropriate modifications be made to the stream and to the FEMA maps, as required by staff, prior to approval of the final plat for any additional sections of the subdivision; 2. That Reserves "A", "B", and "C" be deeded to the City of Dublin prior to the recording of the final plat, and be properly maintained by a homeowners' association provided for and required by deed; 3. That the applicant submit a tree preservation plan for the subject site that outlines measures for the preservation of trees during all phases of construction, and that tree preservation areas be shown on engineering improvement drawings and building permit drawings; RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 6 Meeting DAYTON LEGAL BLANK Held April 22, 1996 19 4. That floodway and floodplain boundaries be accurately shown on all plat, planning, engineering, and building permit documents and that all City codes be met regarding floodways and floodplains. 5. That all "floodway plus 20 feet" areas be included within the no build zones; 6. That stormwater management conform to City of Dublin standards; 7. That the layout of the streets, including left turn stacking at the entrances meets the ~ requirements of the City Engineer for traffic safety and emergency vehicular access; 8. That a revised street tree plan and entry feature landscape plan be submitted; 9. That the final plat indicate no-parking zones, as required by the City Engineer; 10. That the applicant provide streetlights at all entrances subject to staff approval. Howard Zimmer, Construction Management Consultant for Avery Road Associates stated that he represents the developer. They agree to comply with all ten conditions. Mayor Kranstuber moved to approve the final plat for Section 1 of Shannon Glen with the conditions specified by P&Z. Mr. Zawaly seconded the motion. Mr. McCash noted a concern about the bikepath, similar to the problem in Sheffield Meadows. Mr. Zimmer stated that the bikepaths will be installed with the pavement of the streets. Vote on the motion -Mrs. Stillwell, yes; Mayor Kranstuber, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mr. McCash, yes; Mr. Campbell, yes; Ms. Hide Pittaluga, yes. Final Plat -Muirfield Village -Phase 44 (Lochmuir) -Sections 1 & 2 (Applicant: 44 Associates, c/o Bruce Massa, 42 E. Gay Street, 6th Floor, Columbus, OH 43215) Ms. Clarke stated that Phase 44, named "Lochmuir of Muirfield Village" was added to the original PUD known as Muirfield. This portion was zoned in 1994 and is subject to all of the same rights, restrictions, amenities and encumbrances as the rest of Muirfield Village. Planning Commission approved the final development plan in January of 1995 with 16 conditions. Staff is requesting that Council approve this final plat as conforming to the preliminary plat, with reference to the conditions from the Record of Action of Planning Commission of January 19, 1995. 1. That the landscape plans be revised to show a 30-foot wide mound, consistent with proper drainage along the entire Paglieri property line, and that a street tree plan be submitted subject to staff approval; 2. That further definition and location of tree preservation zones be indicated on all plats and construction drawings, that tree preservation areas be established subject to staff approval and shown on engineering improvement drawings and then shown later on building permit drawings, and that a tree preservation plan be submitted; 3. That the bikepath bridge be designed and built to meet minimum FEMA standards and that bikepath easements be provided along the north side of Lot #2160, 2161, 2169 and 2170; that all bikepath easements be shown on the plats; and that the bikepaths be installed at the time of construction of that section; 4. That no-parking signs be installed along one side of new streets, and that all proposed cul- de-sacs be properly designed, subject to approval by the City Engineer; 5. That floodway, floodway plus 20 feet area and the 100-year floodplain be shown on all plans and plats; 6. That the stormwater management for the development conform to Dublin City standards, including the grading of the ponds at Brand Road, and that easements are provided for utilities and stormwater management areas outside rights-of--way; 7. That blasting be permitted on a lot by lot basis for the construction of utilities or home construction, subject to approval of the City Engineer, Chief Building Official and n Washington Township Fire Chief; 8. That Note "A" on the final plat for Section 3 be revised to include Reserve "KKKI~I~", and that the open space and common areas be deeded to the Muirfield Association, Inc. and that deeds for the open space be in the possession of staff prior to recording the final plat; 9. That the Indian Run stream bed be cleared of debris to the satisfaction of the City Engineer; 10. That the ditch along Brand Road and Avery Road be improved to the satisfaction of the City Engineer; 11. That sidewalks be installed except as waived by City Council; 12. That street lighting and proposed fixtures at the entrances be subject to staff approval; 13. That the Headlee well be replaced if damaged within one year after the streets and utilities are accepted by the City; 14. That "No Trespassing" signs, acceptable to Muirfield Association, Inc. be provided by the developer and installed by the Muirfield Association, Inc. along the Headlee property line; 15. That continuous landscaping along the Headlees' west property line be installed as agreeable with the property owner; and RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 7 Meeting DAYTON LEGAL BLANK Held April 22, 1996 19 16. That landscape easements be indicated on the plat for those areas between the development and contiguous property owners (Headlee and Paglieri). Mrs. Stillwell asked how the stream bed clearing issue in condition 9 would affect the overall stream cleaning process since it has been determined that some clearing of streams can actually be injurious to the stream bed. Mr. Kindra responded that this stream bed was not part of the stream survey. Mrs. Stillwell noted that on page 11 of the January 19, 1995 staff report, it states that a street tree plan must be submitted for staff review and approval. It was not part of the conditions, and she wonders whether a street tree plan was submitted. Mr. Zimmer confirmed that a street tree plan has been submitted. Mr. Campbell moved approval of the final plat of Muirfield Village Phase 44, Sections 1 & 2 subject to the conditions of Planning & Zoning. Mr. Zawaly seconded the motion. Vote on the motion - Ms. Hide Pittaluga, yes; Mrs. Boring, yes; Mr. McCash, yes; Mr. Campbell, yes; Mr. Zawaly, yes; Mayor Kranstuber, yes; Mrs. Stillwell, yes. Preliminary Plat -Riverside Hospital PCD -Retail Subareas Ms. Clarke noted that this property was rezoned back in 1989, and subsequent to the Planning Commission hearings of January and February of this year, a traffic study for the widening of Avery Road has indicated that additional right-of--way will be needed. The developer agreed as part of the conditions of P&Z to accommodate the projected widening in accordance with the Avery Road interchange study currently underway, and has given the City the right to use the 30-foot parking setback to accommodate the road widening. Staff is concerned that if the landscape setback becomes roadway easement, the perimeter landscaping would be reduced. The Avery-Muirfield buffer plan requires the full 30-foot setback. At this time, the City estimates needing 15 feet of the setback for additional right-of--way, which would adjust the setback line to 45 feet to ensure adequate green space. The compromise reached with the developer was to reduce the requirement for rear yard setbacks for the outparcels at the western edge, allowing for more greenspace at the Avery Road frontage, and providing for the same net developable area for the project. The problem with this solution is that it requires a zoning text amendment which would require the recommendation of approval from the Planning Commission and then Council approval. Staff has submitted to Council tonight a revised preliminary plat with the setback lines removed from the Avery Road frontage and along the rear yard. The developer has committed to submit a rezoning request, and on behalf of staff, Ms. Clarke has assured the developer that staff will support the request. Mr. Smith commented that the solution proposed by staff involves Council approving the plat this evening without setback lines, based upon staff's recommendation, and allowing the public improvements and private improvements to be initiated. An additional factor involved is that in 1988, agreements were reached with the landowners whereby the landowners provided $650,000 for improvements to Avery Road with the understanding that additional right-of--way would not be required. They are, however, willing to provide the additional right-of--way, and immediately following this process, they will file the rezoning which will effectively move the entire project west by 15-20 feet. The law department recommends this solution for a development project which has already been designed and engineered. Mr. Campbell pointed out that the outparcels actually back up to parking lot, so the parking lot screening would be reduced. Mr. Hale pointed out that the setbacks in Perimeter Center for Bank One and McDonald's are 8 feet, while the Kroger development will have 15 feet, nearly double what is across the street. Mr. McCash asked about the purpose of a no-build area of 180 feet as shown between outlots A and B. Ms. Clarke responded that this is Kroger's protection of the visual corridor to their signage. It is not a City requirement. Mr. Hale added that it provides for separation of the buildings and provides an architectural control feature in site planning. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 8 Meeting DAYTON LEGAL BLANK R Held April 22, 1996 lg Mr. Zawaly asked if there are use restrictions for the outlots A and B. Ms. Clazke responded that they aze restricted to service uses -fast food, a bank, a gas station. Mayor Kranstuber asked if Council will have the opportunity to review the architecture for the project. Ms. Clarke responded that Council reviews azchitecture in the rezoning action. In this case, the " ~ architectural commitments were contained in the text in the 1989 rezoning. Within the last 6 months, development plans were submitted to Planning Commission and have been approved. Mayor Kranstuber added that this is an important corridor and he wants to be assured that the development will have the same level of quality as the Perimeter Center across the street. Regarding the setback issues, Mr. Hale stated that they believe tonight's proposal constitutes a good solution. They will file the plat to make the setback adjustments. Discussion then followed about the ramifications of approving the preliminazy plat with the assumption that the setbacks proposed in the solution will be approved by Council at a later date. It was emphasized that if P&Z does not recommend approval of the rezoning, Council would have to approve it by a super majority. Mr. Hansley emphasized that it is important to ascertain tonight that at least five members of Council support the proposed solution. Ms. Clarke pointed out the worst case scenario where the widening could possibly require all 30 feet of the setback which would result in a shortage situation. She emphasized that the Avery Road alignment is still preliminary, and staff also supports a median construction along Avery-Muirfield Drive in this area. Discussion followed about the available setbacks from Avery and from the western edge of the project. Ms. Clarke emphasized that Mr. Hale maintains that the 1989 zoning gave them a certain developable area in the two outpazcels, and throughout the engineering and development plan process, he has operated with the understanding that the developable area will be the same. Mr. Hale is interested in exploring any compromises or solutions which will not contract the developable area. Mayor Kranstuber commented that in his opinion, he does not believe the existing setback at McDonald's is adequate. He asked about what legal rights the developer has based on a 1989 zoning considering that many factors have now changed. Mr. Hansley responded that the developer donated right-of--way twice, and under athree-party agreement, the road was built and the right-of-way was donated -they paid one third of the cost of the total road project which extended beyond Post Road. Mayor Kranstuber commented that they made the contributions because they wanted to develop in the City of Dublin. It is important that this gateway to Dublin be green, with atree-lined boulevard. He added that if they need more land in order to accommodate the road widening, the developer can either buy more land or scale down the project. Mark Ford. Ford Beery Architects presented architectural renderings to Council of the project. He noted that the zoning text of 1989 dictates that it be of residential scale, with porticos and columns. The Center will be primarily brick and stone. There are lantern and decorative column elements which repeat throughout the project. They have worked with staff on criteria for signage, and , individual tenants will be limited to 24" high externally illuminated letters. Kroger, the anchor store, is the only tenant which will be allowed to have internally illuminated letters and it will comply with the Dublin limitation of 80 square feet for graphics. He noted that the brick and stone have been brought to the rear of the shopping center in compliance with the zoning text, and a slate roof has been incorporated. The owners have agreed to preserve the large tree on the site. Mr. Campbell asked who will occupy the two outlots. Mr. Hale stated that no decision has been made to date. He noted that the outparcels have no entry off of Perimeter or Perimeter Loop which will limit the type of tenants. Ms. Hide Pittaluga stated that the project is well done, attractive and adheres to high standards. She asked if Council can reserve the right in tonight's action to object to other portions of the plan at another time. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 9 Meeting DAYTON LEGAL BLANK Held April 22, 1996 lg Mr. Hale confirmed that they will still have to return to Planning Commission for final development plan approval. The setbacks on this plat have been removed, so there is no commitment on the City's part as to what the setbacks aze. They will have to go through a rezoning process to adjust the setbacks. Mayor Kranstuber pointed out that the worst case scenazio is that there may not be enough azea available to accommodate a median in the future. Ms. Clarke stated that the consultant has recommended 91anes for Avery Road. If a median is also added, this site would have to be complete re-engineered. Mrs. Boring stated that perhaps the lanes could be made smaller in order to preserve the greenspace. The developer has been very accommodating in terms of greenspace. Mrs. Stillwell added that in terms of traffic in 2020, there aze solutions on the supply side and demand side that could be a factor in the future plans. She is satisfied with the solution proposed tonight. Mr. Campbell commented that experts acknowledge that cities can never build enough roads and have to consider other solutions to traffic problems. He believes the greenspace proposal preserves the green feeling along Avery Road. He favors the solution proposed tonight, subject to the conditions of P&Z. Mayor Kranstuber suggested another alternative -reducing the pazking. Ms. Clazke responded that Kroger has its own requirements for pazking which aze more restrictive than Dublin's Code. Discussion followed about the vazious azeas where setback could be taken from and added to the ' Avery-Muirfield setback -the pazking lot screening, etc. Reducing the parking would also free up space. Mr. Hale summazized that the commitment they will make is to make the front yazd setback as lazge as they can make work while still having the appropriate buffering for the pazking lots for the outpazcels and driveways. Unless there is some reason it does not make sense, they aze willing to adjust the pazking lot screening to add more setback to the front. Mr. Zawaly then moved to approve the revised preliminary plat, dated April 22, 1996, subject to the 8 conditions of P&Z as contained in the Record of Action of January 18, 1996, with the additional condition that the front setback on Avery-Muirfield Drive be established in conjunction with staff to maximize green space, and that to do so, the entire footprint of the outpazcels will be moved back towazd the parking lot, and that the number of spaces in that pazking lot will be reviewed in conjunction with the maximizing of the Avery-Muirfield green space. Mrs. Boring seconded the motion. Following brief discussion, Mr. Zawaly amended his motion to state, "that the front setback on Avery-Muirfield Drive be established at not less than the 30 feet of greenspace that is shown on the green highlighted exhibit (mazked Exhibit "A") submitted by staff to Council on April 22, 1996, and that in the effort to maximize those greenspaces, the footages shown on such exhibit be used as minimum requirements." Mr. Campbell seconded the amended motion. Mr. Hale agreed to the conditions. Vote on the motion - Mr. Campbell, yes; Mr. Zawaly, yes; Ms. Hide Pittaluga, yes; Mrs. Boring, yes; Mayor Kranstuber, no; Mr. McCash, yes; Mrs. Stillwell, yes. " Preliminazy Plat -Tuttle Crossing North Section 2 (Thomas/Kohler propertyl Ms. Clazke explained that the Thomas Kohler property is now called, "Tuttle Crossing North, Section 2" and consists of 111 acres north and west of I-270 and Rings. This preliminary plat was reviewed by Planning Commission on April 18, 1996 and has been forwazded to Council expeditiously in order to meet the commitments of the contract regazding the public improvements. The first phase of improvements will include the entire length of Emerald Pazkway, the western portion of Woerner-Temple between Emerald Pazkway and the west property line, and the northernmost piece of Pazkway Drive or the loop road. The preliminary plat establishes an overall stormwater plan and provides for the overall utility service, and shows the layout of all of the proposed streets. This plat has numerous notes which address the City Engineer's concerns. Staff recommends approval of the plat with the four conditions listed in the staff report in the Record of Action of the Planning Commission dated April 18, 1996. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 10 Meeting DAYTON LEGAL BLANK Held April 22, 1996 19 1. That the preliminary plat be revised in accordance with the memorandum from Randall Bowman, P.E., dated April 18, 1996; 2. That the preliminary plat be revised to include all information necessary to protect the existing trees; 3. That the revised plat be resubmitted for review by April 19, 1996; and 4. That this approval is contingent upon approval of all permits outstanding from outside agencies, including the Ohio EPA regarding the Cramer and Geary ditches; the Army Corps of Engineers regarding wetlands; and ODOT regarding storm sewer and grading. Mrs. Stillwell asked about the timing of the bikepath installation -she is hopeful that it will be installed at the same time as the roadway improvements. Ms. Clarke responded that the bikpaths are part of the public improvements being installed by the City. There are two north/south bikepaths -one within the 75 foot buffer and the other one to parallel Emerald Parkway. Her understanding is that the City will install these as up-front improvements, prior to development of the site. Mr. Fergus stated that under the terms of the plat, they have agreed to provide for an easement for a bridge that will eventually come across Cramer Creek. There is a possibility that the bikepath could be taken west on some ground owned by the City, without having to cross the creek, and tie into the bikepath that already exists on Rings Road. Although there would be some logistical things to coordinate, this would be acceptable to the developers. If this would not work, the tie-in for the bikepath would have to wait until Woerner-Temple is extended all the way to Avery Road because it's not until then that the bridge and the resulting curb cut would come down to Rings. There is a trigger within the TIF agreement that provides for this extension when the second building is constructed by Duke. Mr. Fergus then stated that he accepts all of the conditions as outlined by Ms. Clarke. He added his thanks to staff for expediting this process. Mrs. Boring noted her concerns about the curb cut on Emerald Parkway and whether there is future " flexibility on this if the plat is approved by Council tonight. Ms. Clarke responded that she believes there is enough flexibility regarding the curb cuts if a safety problem arises in the future and the City then wants to take away the median break. The City does not with this plat acceptance give away its rights long-term to provide different traffic solutions. Mayor Kranstuber moved approval of the preliminary plat of Tuttle Crossing North Section 2 subject to the conditions listed in the Planning Commission Record of Action of April 18, 1996. Mr. Zawaly seconded the motion. Vote on the motion -Mrs. Stillwell, yes; Mr. Campbell, yes; Mr. McCash, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mayor Kranstuber, yes. Council Committee Reports Mr. Zawaly, Finance Committee reported that a meeting is scheduled for Wednesday, April 24 at 6:30 p.m. in the round table room to review bed tax applications. Ms. Hide Pittaluga, Public Services Committee stated: 1. The committee had planned to meet on May 2 to review the franchise agreement. Due to scheduling problems, the meeting date will be rescheduled. The members will confer following tonight's meeting and set a date. The agenda includes review of the franchise agreement, telecommunications issues, and Dublin Road bikepath funding. 2. She would like information about the status of the stormwater study currently underway and asked which Council committee is monitoring the study. She is particularly interested in the Billingsley Ditch drainage basin. Mr. Kindra stated that the stormwater study is a very extensive and highly sophisticated technical document not intended for a lay audience. It will be several months before information is in a form to be shared with Council. He noted that they are studying one drainage basin at a time -Billingsley is the next one scheduled. He emphasized that this study ties into the comprehensive plan being updated -the study is not intended to address any critical problem. Mr. Hansley noted that Billingsley Ditch has been on the 5-year CIP as a grant funded project through Issue 2 funding, and an application for Issue 2 funding was submitted and turned down. This is a very expensive project and Council previously struggled with spending Dublin dollars to solve what is basically a Columbus problem that affects some Dublin residents. Discussion followed. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 11 Meeting DAITON LEGAL BLANK R Held April 22, 1996 19 Following further discussion about which Committee to refer the issue to, Mr. Campbell moved that the Billingsley Ditch matter be referred to the Public Services Committee. Mr. Zawaly seconded the motion. Vote on the motion -Mrs. Stillwell, yes; Mayor Kranstuber, yes; Mr. McCash, yes; Mrs. Boring, yes; Mr. Campbell, yes; Mr. Zawaly, yes; Ms. Hide Pittaluga, yes. ,-0 Mr. McCash, Community Development Committee reported that several options for utility burial at Frantz & 161 have been proposed. Council members have copies of those options before them tonight. The Committee is looking at utility burial in this area to improve the aesthetics of the community by burying lines and thereby eliminating the need to top the trees which interfere with the utility lines. The Committee is recommending Option E which provides for burial of the lines all the way up Post Road to the OCLC entry drive. This adds approximately $100,000 to the previously recommended Option B which was estimated to cost $460,000. The total is then approximately $560,000. In terms of funding for the burial, the Committee recommends modification of the capital improvements budget to delay the Coffinan Park redevelopment for a year, or until funding is available from other sources. The committee recommends delay of the park redevelopment project since it is the only project on the CIP list not related to traffic improvements. He asked for feedback from Council regarding this proposed change to the CIP. Discussion followed about other ways to finance the burial, i.e., unanticipated income tax revenues, etc. and the expected timing of the 161 & Frantz Road intersection improvements. Some Council members expressed reservations about delaying the park redevelopment project. Mr. McCash moved to authorize staff to proceed with the design for the burial of underground utility lines at the 161/Frantz Road interchange that coincides with the combination of Option B and Option E with the provision that it may be subject to future reduction when the detailed costs are determined. ~x: Mayor Kranstuber seconded the motion. Mrs. Boring expressed concern about this expenditure in view of the many competing needs of the City. Mr. Zawaly pointed out that this is an opportunity to bury the utility lines in conjunction with the road widening, and he is confident that funding will be available based on the financial and economic development projections for the City. Mr. Hansley pointed out that tonight's action would merely authorize the design and provide the cost estimates. The project would then have to go to bid. Vote on the motion - Mr. Zawaly, yes; Ms. Hide Pittaluga, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. McCash, yes; Mrs. Stillwell, yes; Mr. Campbell, yes. Mr. Hansley briefly updated Council on the status of the car port enclosure. Staff is now recommending that athree-bay parking area and enclosed dumpster site be added to the west of the existing car port in order to house City vehicles. The plan is scheduled for review by Planning Commission on May 16. Mrs. Stillwell, Administrative Committee reported that the civic association and business representatives will meet again to continue to formulate the traffic advisory board. The Administrative Committee will then meet on Thursday, April 25 to finalize drafting of the amended version of the ordinance creating the traffic board. The Council Update report was included in the packet as well as the assignment list. Any feedback on the format or content from Council members is welcome. " Mayor Kranstuber noted that an executive session has been requested for legal and personnel matters. Mr. Zawaly moved to adjourn to executive session at 11:30 p.m. for discussion of legal and personnel matters. Mrs. Stillwell seconded the motion. Vote on the motion - Mr. McCash, yes; Mr. Zawaly, yes; Ms. Hide Pittaluga, yes; Mrs. Boring, yes; Mrs. Stillwell, yes; Mr. Campbell, yes; Mayor Kranstuber, yes. Mayor Kranstuber announced that the meeting will not be reconvened following the executive session. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 12 Meeting DAYTON LEGAL BLANK R Held April 22, 1996 lg The meeting was adjourned to executive session at 11:30 p.m. M r -Presiding Officer ~ ~~~-L~~,~C~ Clerk of Council .m ~.,,K