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HomeMy WebLinkAbout03/20/1995 RECORD OF PROCEEDINGS Minutes of Dublin Ciry Council Meeting Meeting DAYTON LEGAL BLANK Held Mazch 20, 1995 lg Mayor Campbell called the regularly scheduled meeting of the Dublin City Council to order at 7:00 p.m. on Monday, Mazch 20, 1995. Staff Comments Mr mith reported that he has provided information to Council from the Ohio Municipal League regazding the sunshine law and public records, a memo regazding the status of some pending ~ legislation and an article regazding the Civil Rights Act. He also noted that he will be making a presentation regarding due process at the Ohio Pazks and Recreation Association meeting in Cincinnati next week. Chief Ferrell reported that he, the Ciry Manager, and the Mayor will attend a hearing in Alexandria, Virginia this week regarding the Department's Five Yeaz Accreditation Review. Mazsha Grigsby stated that bids were received on Thursday for the Recreation Center notes. A total of ten bids were received, with the low bid at slightly over 4.2 percent. Ms. Jordan distributed the new spring/summer program offering brochure to Council. She noted that the Pazks and Recreation staff will be presenting several topics at the conference in Cincinnati next week. She also displayed watercolor renditions of the interior and exterior of the new Recreation Center. Council Comments Mr. Kranstuber commented briefly on the subcommittee of Planning Commission's work on an Appeazance Code, noting that it was complete in terms of the multi-family portion. He urged Council to bring some closure to this issue. He suggested that this be drafted into ordinance form. Discussion followed. Mr. Kranstuber moved to refer the issue of drafting an ordinance for an Appeazance Code for multi- family development to the Planning and Zoning Commission. Mr. Zawaly seconded the motion. Vote on the motion -Mrs. Stillwell, yes; Mr. Kranstuber, yes; Mr. Strip, yes; Mrs. King, yes; Mrs. Boring, yes; Mayor Campbell, yes; Mr. Zawaly, yes. Mr. Smith reported to Council that he will memo them regazding an additional alternative to address the Caplestone Lane issue -that in the event that Council chose to take a private road public and it was not brought up to Ciry standard at that time, the residents of the subdivision would unanimously agree to a voluntary assessment for a period of 10 yeazs for all improvements that would be made by the Ciry. Mayor Campbell asked Mr. Smith to provide this additional alternative to Council. He added that he intends to draft an ordinance for introduction to Council so that action can be taken regazding this issue. Mayor Campbell brought to Council's attention the funding request from the Literacy Initiative, adding that the City of Columbus and Franklin County have both committed substantial dollazs to this effort. He noted that he has received informal negative feedback from Council members regazding this request. Unless there is support from four members for funding this effort, he will report back that this request has been turned down. Following brief Council discussion, Mr. Strip suggested that Council instead pass a resolution in support of and encouraging private citizens, corporations and civic groups to support the literacy effort. There was not a consensus of Council to fund the Literacy Initiative. Mayor Campbell adjourned the meeting for a break before reconvening the formal meeting at 7:30 p.m. Mayor Campbell reconvened the meeting at 7:30 p.m. Mrs. Stillwell led the Pledge of Alliance Roll Call Council members present were: Mrs. Stillwell, Mrs. Boring, Mrs. King, Mr. Strip, Mr. Kranstuber, Mr. Zawaly, and Mayor Campbell. Staff members present at the meeting were: Mr. Hansley, Mr. Foegler, Mr. Smith, Ms. Grigsby, Ms. Clazke, Mr. Kindra, Chief Ferrell, Mr. Papsidero, Mr. Bowman, Ms. Jordan, Ms. Crandall, and Mr. Lenz. Aouroval of Minutes of February 27. 1995 Meeting RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 2 Meeting OAY70N LEGAL BLANK Helu Mazch 20, 1995 lg Mrs. Stillwell moved to approve the minutes of February 27, 1995. Mr. Kranstuber seconded the motion. Vote on the motion - Mr. Zawaly, yes; Mr. Strip, yes; Mrs. Stillwell, yes; Mayor Campbell, yes; M Mrs. Boring, yes; Mrs. King, yes; Mr. Kranstuber, yes. The approval of the minutes of March 6 were delayed until the April 10 meeting since they aze not complete at this time. Correspondence The clerk reported that a notice to legislative authority was sent to Council regazding a new DS permit at Village Pazkway on the southeast corner of Tuller Road. She added that a letter had been received from Attorney Nate Gordon, representing the applicant, requesting that Council delay action until the April 10th meeting. There was no objection from Council to delaying consideration of this item. Comments From Visitors Chris Cline. 6060 Post Road reported that he has distributed to Council a document he has prepazed entitled the "Post Road Corridor Plan" . He is seeking a cleaz statement from this Council that the Post Road azea will continue to be a residential azea as the Ciry develops. He added that a perception exists that Council has failed to address land use issues on Post Road because the ultimate land use is still undecided. The neighborhood would like direction from Council so that they can continue the process of building their neighborhood. His proposed plan is based on past commitments from Council. He understands that the community plan process is underway, but he would like response at this time. Mr. Foegler responded that the Community Plan process is well underway, and Council has a established an 18 to 24-month adoption timetable for the Plan. He noted that the proposed capital budget reinforces Perimeter Drive as a through street bypass, and recent rezonings for single family on the south side of Post reinforce an established plan for this azea. He does not believe that sepazate action outside of the Community Plan effort is warranted, given the policies Council has embodied through its capital budgets, through its planning documents, and through recent rezonings. There is cleazly a commitment to retaining the residential chazacter in this azea. He emphasized that sufficient policy direction exists at this time. Mayor Campbell suggested that Chris Cline and the Post Road residents be notified of when their azea will be under consideration during the Community Plan process. Mr. Foegler added that Post Road resident Edith Driscoll serves on the Steering Committee for the Plan. Following further discussion, Mayor Campbell asked that staff draft a statement clazifying the existing zoning and commitments in the azea for Council's adoption. He suggested that Mrs. Stillwell and Mr. Kranstuber review this with staff and bring it back to Council, if necessary, for reaffirmation. Jim Fox 5177 Willow Grove Place N. commented about the Business First article dated Mazch 20 regazding the proposed Cellulaz One development on the McKitrick property located behind Willow Grove condominiums: 1. He has provided information to staff and to Mrs. Boring regarding landscaping commitments made to the condominium association at the time of the 1985 rezoning of the McKitrick property. 2. Willow Grove is willing to work with Cellulaz One or any other development entity for the site because they want this azea to be a showplace and not just a pazking lot with a lazge number of office buildings. Mrs. Boring requested that the Planning Division provide notice regazding proposed rezonings for the McKitrick property to Mr. Fox. Council Roundtable Mrs. King: 1. Reported briefly on the progress of the 270 widening lobbying effort. Recent efforts have taken a regional approach for the three projects in need of funding in the Columbus azea. Business representatives and elected officials aze working together on this effort and she is very appreciative of the support provided by the media. 2. Thanked staff and the public for the great turnout for the St. Patrick's Day Pazade. The event was well planned, well executed and lots of fun for all who attended. RECORD OF PROCEEDINGS Minutes of Dublin Ciry Council Meeting Page 3 Meeting DAYTON LEGAL BLANK CO., F R Hel March 20, 1995 ig I Mrs. Stillwell commented: 1. Noted that a meeting took place on Friday with Bill Habig and representatives of Columbus, Worthington, Westerville, Dublin and Franklin County Commissioners regazding the funding . issues for area transportation needs. She believes that the state representatives and state senators aze working very hard to bring a positive resolution to the funding issues. 2. Discussion has taken place regazding the possibility of phasing and the need for local fundraising for the transportation projects, in view of the limited state and federal dollazs available. Discussions ranged from adding a tax to license plates, to routing the new I-73 turnpike along 270 in order to fund the needed 270 improvements. Mayor Campbell congratulated staff, and particulazly Sandra Puskazcik's division for the tremendous job in organizing and planning the St. Patrick's Day celebration. He also thanked staff on behalf of the Dublin High School basketball team for the support given to them during the regional basketball tournaments. Legislation Ordinance No. 89-94 - An Ordinance Providing for a Change of Zoning of 13.72 Acres of Land Located on the North Side of Tuttle Crossing Boulevard, Approximately 400 Feet East of (New) Wilcox Road from: R-1B, Limited Suburban Residential District (Washington Township Zoning District) to: PCD, Planned Commerce District. (Tuttle Crossing West Corridor, North Side) (Public Hearing) (Applicant: Jay B. Eggspuehler, Attorney, 115 W. Main Street, Columbus, OH 43215, representing Virginia K. Williams, 5424 Wilcox Road, Dublin; David H. and Delores Gease, 5713 Cosgray Road, Amin, OH 43002; John P. and Sherry L. Stewazt, 5510 Tuttle Road, Dublin; B.E.D. Development Company, 5530 Tuttle Road, Dublin; James M. and Debbie Johnson, 5654 Tuttle Road, Dublin; Robert and Leah M. Norris, 5610 Tuttle Road, Dublin; and Alvin R. and Janet C. Whitehead, 5490 Tuttle Road, Dublin) Ms. Clarke stated that formal application for this rezoning was filed late last yeaz. She noted that with the approval of the Tuttle Crossing interchange at I-270, the neighborhood changed from very rural to a commercially oriented azea. In 1991, staff discussed a proposal with the residents for a ~ Tuttle Crossing district which would provide for the redevelopment of their homes. There are 91ots and 13 property owners involved who have combined this into one rezoning application. They hired a land planner and have worked closely with Ms. Fierce of the Planning division to bring together this coordinated application. 1. She showed slides of the subject site and surrounding area, showing examples of the existing homes, conceptualized architecture for the site, landscaping standazds, etc. and described the Master Plan and development standazds submitted. 2. She emphasized that the land owners have been very cooperative through the process which will provide a coordinated development approach for the azea. 3. She noted that there aze two options contained in the text relating to re-use of single-family houses for office purposes: Option A includes a Ciry commitment of widening the road along the frontage of these homes in exchange for the homeowners not to re-use the property for commercial use prior to redevelopment; Option B permits the re-use of the single-family house for office purposes for a period up to 8 years following acceptance of the rezoning. 4. Staff is recommending elimination of Option B, and adopting Option A in the hope that high quality commercial development could be attracted in a much shorter period of time. 5. The language in the text commits that the City would have the project engineered 30 days following the passage of the rezoning, and that construction of the road would be triggered upon the filing of a final development plan for any one of the homes. 6. Staff believes, and their traffic consultant concurs that athree-lane road will perform adequately for the City for many yeazs, but the road will eventually need widening. 7. The benefit of this plan is that, with the exception of the Johnson property, wider right-of- way would be dedicated all in one piece at one time. Planning Commission recommended approval at their January meeting with 10 conditions: 1. That the deeds for the properties be modified to include language relinquishing rights to the temporary use of the existing structures for offices, after the eight-year interim period, to the satisfaction of the Law Director; She noted that, according to the Law Duector, there is not yet satisfaction on this, so staff will continue to work on this language before the time of third reading. 2. That the text be modified to include a tree preservation plan and language augmenting the existing trees within the 15-foot buffer requirement; She reported that this has been done. 3. That the text be modified to include the timing for implementation of all improvements, dedication of right~f--way, and identification of funding for vazious improvements; RECORD OF PROCEEDINGS Minutes of Dublin Ciry Council Meeting Page 4 Meeting DAYTON LEGAL BLANK R Held Mazch 20, 1995 19 4. That all access issues be resolved to the satisfaction of the Ciry Engineer; 5. That the trees along the north property line be protected and maintained through a tree preservation mechanism including the use of snow fencing during all phases of construction on site; 6. That the text be modified to require compliance with the sign code and Dublin lighting guidelines; 7. That all modifications to the text be completed to the satisfaction of Staff, prior to scheduling the public heazing; 8. That the right-of--way dedication and setback issues, relative to the Johnson property at the western edge of the site, be resolved to the satisfaction of Staff; 9. That auto, equipment, and motorcycle sales be included within the text as conditional uses; and 10. That if Council approves Option A, all references to Option B within the text should be removed and Condition #1 is void. If Option A, which would include funding by this Council of the widening of the road, is not approved by Council, Option B will be implemented. Ms. Clarke stated that Planning Commission voted unanimously to endorse this. Staff strongly supports the elimination of Option B by funding the three-lane improvement. Mrs. King asked what the cost of funding the road widening project is. Ms. Clazke responded that the cost for three lanes is approximately $180,000. In response to Mr. Strip's question regarding funding, Ms. Clarke responded that the roadway construction would be triggered by the filing of a final development plan. To staffs knowledge, there is no commercial project ready to go, and when one is proposed, staff would hope to fund this - through a contingency fund. It will likely be within two to three yeazs, but not this yeaz. Mayor Campbell then asked proponents of the rezoning to testify. Javv Eggsnuehler. 115 W. Main Street. Columbus commented as follows: 1. At the time the Tuttle Crossing District was presented to Planning Commission in October of 1991, concerns were raised that it was not a Planned Commerce District which could lead to shoddy development standazds. This plan is a PCD and allows for second stage review. 2. This plan is the product of an effort by a group of residents who have combined resources. This is not a large developer coming in with large financial resources. 3. The plan as presented addresses all concerns which have been raised in the past. It restores property value for the residents, and meets the concerns expressly raised about the previous Tuttle Crossing district in 1991. 4. The plan allows the Ciry to address all of the pazcels at one time instead of in a piecemeal fashion. Jim Houk. Bird/Houk & Associates. Inc.. 400 Metro Place gave a slide presentation and described the approximately 14-acre azea on the north side of Tuttle Road. One homeowner in the azea chose not to participate for economic reasons. He described in detail the proposal, including the subareas, the traffic access, the landscaping buffers, signage, and building materials. He noted that without this rezoning, the homes have little resale value in terms of residential use. He described three azeas of Columbus where similar transitions took place: Lane Avenue in Upper Arlington, Hilliazd-Cemetery Road, and Cleveland Avenue. He emphasized that they did not want the development of the area to be done in a piecemeal fashion. They had requested an interim use for office for a period of 8 yeazs to ensure that the property values of the homes did not decrease steadily until the final development plan stage. Ciry staff believes that completing the road improvements all at once would be desirable, and the residents now agree that Option A would be best for the property. There were no questions from Council members There will be a third reading at the April 10 Council meeting. Ordinance No. 6(x94 - An Ordinance Repealing the Existing Chapter 1189, Codified Ordinances, of the Dublin Planning and Zoning Code and Adopting a New Chapter 1189 - Signs. (Previously tabled ordinance) Mrs. Stillwell moved to take Ordinance No. 66-94 from the table for action this evening. Mr. Kranstuber seconded the motion. Vote on the motion - Mr. Zawaly, yes; Mrs. Stillwell, yes; Mrs. King, yes; Mayor Campbell, yes; RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 5 Meeting DAYTON LEGAL BLANK CO., F R Held March 20, 1995 lg Mr. Strip, yes; Mr. Kranstuber, yes; Mrs. Boring, yes. Ms. Clarke explained the most recent revisions of this ordinance -the changes aze highlighted in the draft. She noted that the special event signage is new and the creation of an interstate district permitting lazger office signs along 270 is new. Staff is recommending approval of the ordinance. Mr. Zawaly moved to amend the ordinance to incorporate the changes provided in the draft before Council tonight. Mrs. King seconded the motion. Brief discussion followed regarding the abandoned sign section relating to the cost of sign removal as determined by Council. Mr. Smith explained that items added to the property tax bills must be approved by the legislative authority. Vote on the motion -Mrs. Boring, yes; Mr. Zawaly, yes; Mr. Strip, yes; Mrs. Stillwell, yes; Mrs. King, yes; Mayor Campbell, yes; Mr. Kranstuber, yes. Ms. Clarke added that, for purposes of the record, this is Draft 9, dated Mazch 16, 1995. Vote on the ordinance -Mrs. Boring, yes; Mr. Kranstuber, yes; Mayor Campbell, yes; Mr. Strip, yes; Mr. Zawaly, yes; Mrs. King, yes; Mrs. Stillwell, yes. Ordinance No. 17-94 - An Ordinance Granting a Franchise to Columbus Southern Power Company to Construct, Maintain and Operate Lines, Appurtenances and Appliances for Conducting Electricity In, Over, Under and through the Streets, Avenues, Alleys and Public Places of the City of Dublin. (Tabled indefinitely) Mr. Hansley stated that staff is recommending that this ordinance remain tabled. Ordinance No. 102-94 - An Ordinance Providing for a Change of Zoning of 210.717 Acres of Land Located on the West Side of Sawmill Road, Between Saltergate Drive and Bright Road, from: PUD, Planned Unit Development District (182.409 Acres) and R-1, Restricted Suburban Residential District (28.308 Acres) to: PUD, Planned Unit Development District by Revision of Preliminary Development Plan. (Revised Northeast Quadrant PUD). (Applicant: Sawmill Partners Investment Co. c/o Smith & Hale, 37 W. Broad Street, Suite 725, Columbus, OH 43215) Mayor Campbell asked the Law Director to clazify the number of votes necessary to approve or defeat this ordinance, since Planning Commission has recommended approval. Law Director Steve Smith explained that four affirmative votes would be required for passage; if it receives only three affirmative votes, it fails under the procedures outlined in the Charter. Mayor Campbell then explained the procedure for the heazing this evening: 1. The session would provide an opportunity for Council to ask various interested parties or informed parties to respond to issues. 2. Staff has responded to a list compiled from the last heazing. Council will have the opportunity to ask other questions or clazify responses to previous questions. 3. Questions will be directed to Mr. Foegler, who will direct the appropriate staff member to respond. 4. Following this portion, Council will have a discussion to explain the individual member's reasons for their vote. Mr. Zawaly asked the developer to resolve the issue of the number of square feet for retail and the outpazcels. Harrison Smith. Jr., 37 W. Broad St. representing the applicant, responded that in the original rezoning there was 198,000 squaze feet of retail and there were two outpazcels. The outpazcels were located in the office section. In that proposal, the office portion was located at Hazd Road and the retail was at Saltergate to the north. The two outpazcels were in the southerly piece - in other words, they were not in the commercial piece. So the 198,000 square feet clearly did not include either one of the outpazcels since that was a description of the activity permitted in the retail. The outpazcels in this proposal stay in exactly the same place, but at the suggestion of the staff, they have included that second outpazcel at Hazd and Sawmill in the office section, and it therefore becomes an adjunct of the office section. Mrs. Boring asked for clarification about the number of outpazcels. Mr. Smith responded that there aze two -one will be a restaurant and the other can be a financial institution or a restaurant. Mr. Kranstuber stated that Council has received a letter from a concerned resident regazding the Billingsley ditch and its relationship to the proposed Mt. Carmel development. Is there a need for RECORD OF PROCEEDINGS Minutes of Dublin Ciry Council Meeting Page 6 Meeting DAYTON LEGAL BLANK Held March 20, 1995 19 I i additional piping, or how will the stormwater be accommodated in this azea? Mr. Bowman responded that at this stage, staff has not received any detailed construction drawings for the Mt. Carmel site. At the time of review of detail engineering, staff would have to evaluate the resident's proposal. Discussion followed. Mrs. King noted that she, too, has concerns with this issue. She has proposed that the applicant be required to create a wet retention pond, with the approval of the Ciry Engineer, in the no-build zone east of the Saltergate Extension and south of the proposed daycare center. Discussion followed. Mayor Campbell asked the applicant's engineer if this would be feasible, and if the applicant is willing to accept this additional condition. Bob Pazkinson. R.D. Zande. 1237 Dublin Road, responded that the retention basin in the daycaze center azea would be an advantage. Mayor Campbell clazified that the applicant is agreeable to amending Condition 9 to include a phrase that states that they aze willing to have a wet retention basin in the no-build zone near the daycaze center. Mr. Pazkinson clazified that they do not own the property to the south of the ditch -what they propose is to go upstream where they own property on both sides of the ditch and install the retention basin on the ditch. Mrs. King responded that this would sufficiently address her concern. Mayor Campbell asked the applicant, for purposes of the record, to give a description of where the site would be. Mr. Parkinson responded that the site would be just southeast of the daycaze center within the property where Mt. Carmel owns both sides of the ditch. Mrs. Boring asked for a response from the people who live in the area. Larry Vance. 4143 MacDuff Way responded by pointing out the azeas on the map being referred to in the discussion and noted that the stormwater study must be completed to determine the volume of metric area that is not under the waiver. Mayor Campbell asked if he is recommending that this be subject to the approval of the Ciry Engineer. Mrs. King commented that the commitment of the developer to construct this basin needs to be reflected in the condition. Mr. Pazkinson agreed. Mr. Strip noted a concern about the restaurant uses in the outpazcels, and asked if the developer would be willing to give Council discretion over these uses as a condition of the rezoning. Following brief discussion, Hazrison Smith stated that he would accept this as a condition. Mr. Papsidero clazified that the text states that the two outpazcels aze permitted uses as restaurants. Mr. Smith asked if these could be changed to conditional uses, or could language be added that the particular restaurant sites shall be subject to the approval of Council. Mr. Strip stated that conditional use does not do what he wants - he wants absolute discretion of Council as to the proposed usage of those outlots at the time. Mr. Smith then agreed to have the two outpazcels uses to be subject to Council approval. Mr. Kranstuber asked if the applicant has an end user for the restaurants. Mr. Smith answered that discussions have taken place with Cooker's. The amended text reads that it will be a full-line restaurant with no pick-up window and no drive-through. Mr. Kranstuber asked Mr. Smith what the developer's plans are in regazd to the four-lane, boulevazded, landscaped street. Mr. Smith responded that, pursuant to Mr. Foegler's instructions, the language in the text states that they will commit to build and pay for athree-lane roadway and provide a 100-foot right-of--way. If Dublin wants to then build the boulevazded roadway, it could be done in several ways, including Dublin paying for the difference between the three-lane and boulevazded four-lane roadway with the developer actually building it. Mr. Kranstuber asked if Dublin opts for paying the additional cost for the four-lane boulevazded RECORD OF PROCEEDINGS Minutes of Dublin Ciry Council Meeting Page 7 Meeting DAYTON LEGAL BLANK R Held Mazch 20, 1995 19 roadway, would the developer build this initially? Mr. Smith responded yes, that the road needs to be built prior to the rest of the development. Mr. Strip clazified that the cost to Dublin would be the construction of the additional two lanes, the land will be provided by the developers at no additional cost. Mr. Foegler clarified that the cost would be the difference between athree-lane curb and gutter cross section versus afour-lane boulevazd section. Mr. Kranstuber asked staff how much independent study has been done by staff in terms of whether this is the right place to locate this important road as opposed to just taking what the developer is giving to the City. Mr. Foegler stated that the alignment is consistent with the Bright Road Area Study. This rezoning proposal with the associated traffic studies, the scope of which have been approved by staff, also supports the definition and acceptance of the road alignments. Mr. Kranstuber expressed concern with the fact that this important east/west connector roadway goes so far to the north. Mr. Foegler responded that staff views this road alignment as a dramatic improvement over the road alignment with the current zoning. This road system, when ultimately connected to the bridge, becomes the Coffman/Sawmill connector which proceeds to the south and which will serve the arterial needs of the roadway system of the City. Mrs. Stillwell asked Mr. McClellan if the Certificate of Need is not approved, what impact would that have upon this application? Steve McClellan. Senior Vice President of Mt. Carmel Health, who resides at 5780 Settlers Place in Dublin stated that the CON involves the ambulatory surgery center piece -the medical office building, per se, does not require the CON, so if the certificate fails, he expects that they would continue to move towazd building the medical office building. Mayor Campbell asked Mr. McClellan to respond to the following questions: 1. How much will the building cost? 2. What is the estimated real estate tax generated from this building? 3. How many people will the facility employ, and how much income tax will be generated for the City from this facility? Ken Danter. Danter Company. 30 Spruce Street responded that the estimated total construction cost, including four facilities is $24.7 million. The personal property is an additional $3.1 million, and the total payroll will be approximately $12 million per yeaz. Mr. Foegler confirmed that, based upon similaz buildings, the real property tax revenues would be approximately $450-500,000 per yeaz, two thirds of which will go to the schools. ~ Mrs. King commented that she would prefer that a commitment was included in the updated Thoroughfaze Plan to tie the Coffman Road extension directly into the interchange at 270 and Sawmill so that new office complexes along the Coffman extension would not add to the traffic problems created with this rezoning. I Mr. Foegler responded that the Thoroughfare Plan being presented to Council in the neaz future will I! basically assembly the studies and analyses that have been completed and reviewed. The update incorporates the adopted Southwest Area Plan, special studies that have been done for road crossings in certain key intersections and brings them into a single map. It would be premature for staff to conclude that this road tie-in to the interstate be included in the Thoroughfaze Plan. Mrs. King also noted that concern has been raised about 24-hour operations. She is proposing an additional condition stating that the hours of operation within the retail center be limited to 12 hours per day, and that any exception requested may be for a neighborhood scale use and must be approved by the Board of Zoning Appeals. Mr. Smith responded that this would be acceptable, but that the Sears Hazdwaze store would have difficulty with this limitation because of their early opening and 9 p.m. closing. He assumes this would not apply to restaurants. Following considerable discussion, Mayor Campbell clarified that the proposed condition would be that all uses except for the restaurant shall be open no longer than 12 hours, and that restaurant operations shall be no later than 1 a.m. and not open eazlier than 6 a.m. Mrs. King indicated that she would support this amendment. Harrison Smith stated that he can accept this condition, if it does not apply to Seazs Hazdwaze. I I RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 8 Meeting DAYTON LEGAL BLANK ~ Held Mazch 20, 1995 19 ~ Mayor Campbell requested that Steve Smith work with staff and the developer on a list of conditions to be voted upon by Council later this evening. This will avoid any later misunderstanding about the conditions. He asked that they work on this while the meeting is in session. J Mrs. Stillwell noted that another condition to be added would be that outdoor sales be prohibited in the retail center. Discussion followed regarding whether this would include tent sales and sidewalk sales, the Code sections applicable to such sales, and the process for staff approval of sidewalk sales. Mayor Campbell summazized that the intent of this condition would be to limit outdoor sales to two per yeaz for the Center for a limited period of time to be determined by staff, and that tent sales aze not permitted. He further suggested that staff revisit the ordinances covering these types of sales to ensure that all retailers in the City aze being treated equitably. Mrs. King stated that another proposed condition is that outdoor displays of plant materials may be permitted associated with permitted uses, provided conditional use approval is received from the Planning and Zoning Commission. This is intended to mirror the restrictions placed on outdoor plant and garden sales at Perimeter Mall. Mr. Smith responded that they have a permitted use of a gazden center in connection with the hazdwaze store, so he assumes that this language does not refer to the permitted use because it's outside. Mrs. King stated that the condition is meant to manage the permitted use in exactly the same way that it is managed at other shopping centers within Dublin, specifically at Perimeter Mall. Mr. Smith stated that he agrees then with this condition. Mrs. King stated that the last condition she is proposing is that occupancy permits for multi-family and retail uses be issued at such time as traffic conditions on Sawmill Road between Summitview x Road and the interchange on the south side of I-270 and Sawmill Road are improved to a daytime average level E or better. This would mirror the stipulations approved with the Tuttle Mall. She is not sure if this is feasible, but believes in its purpose. Discussion followed, and Steve Smith noted that he does not agree with this language which could be viewed as azbitrary and capricious, with no defined standazd and not in the control of the developer. Hazrison Smith indicated that they would not agree with this condition. Mr. Kranstuber noted that Council should consider voting yes or no on the bigger picture of the change from neighborhood retail designed to serve people within 1/2 mile to something with regional draw adding to the traffic congestion. In other words, if the developer can make the roads work, he can get approval for a regional drawing retail; if not, Council should not approve this rezoning and make an already horrible traffic situation worse. Mrs. Boring asked about future plans for an additional police presence in the azea. Mr. Hansley responded that the actual level of staffing for the police department is controlled by Council through the budget process. Staff and Council work together to determine the appropriate level of staffing needed to provide adequate police protection. Mr. Strip commented that this Council has never shirked their responsibility in terms of providing adequate police protection for the City. Dublin is in the forefront of police services in compazison with other suburbs and other cities in Franklin County. Mrs. Boring also noted that she reviewed the Community Plan which states that for apartments, a minimum of 30 percent of the site is maintained in open space. Why has the Ciry requested 20 percent open space for the apartment subareas? Mr. Papsidero responded that 20 percent related back to the original rezoning. The City has subsequently purchased a lazge amount of acreage within the project for a public pazk which results in a greater than 20 percent open space. Mrs. Boring commented that she is not comfortable making a decision on this rezoning without a determination on the boulevard issue and capital project funding for this. Mr. Foegler responded that if the Ciry desires to make this road a boulevard, it would be more cost RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 9 Meeting Yi N LE AL BLANK CO. FORM NO. 1 1 Held Mazch 20, 1995 19 effective to build it as a boulevard up front. The City would have to make a decision on the boulevard issue at the time the developer is ready to put those roads in. In response to Mr. Strip, Mr. Foegler stated that it would be a full boulevazd section throughout. Mr. Smith noted that they would have to have a decision on the boulevazd by sometime in 1996. ` He added that they will pay for construction of 3 lanes which will serve the traffic produced by the development. Mr. Kranstuber commented that the issue is not just one of traffic capacity, but aesthetics. He then proposed adding a condition that the road be built as afour-lane boulevazded road and that the full cost be borne by the developer. Mr. Smith stated that they will not agree to this condition. The developer has already agreed to donate the additional 20-foot right-of--way for the roadway at a cost of approximately $200,000. Mr. Kranstuber summarized that he has difficulty supporting the change of the retail uses from the neighborhood retail to a regional retail. He cannot support adding a regional retail use at this location in view of the already congested traffic situation. Brief discussion followed about the adequacy of the level of traffic improvements committed to with this rezoning. Mayor Campbell summazized his position on this rezoning: 1. The plan before Council tonight is not perfect, but it's an improvement over the previous zoning. The difference is the hospital facility which is a positive addition to the City. 2. He does not believe that this particular project will have the impact on the Sawmill corridor that some have predicted. Improving the road network is one step the City can take to improve the Sawmill traffic situation. 3. The connector road for the east to west may have to be built in segments, and one segment is already underway at Tuttle Crossing azea and this development will provide an important segment as well. The road is critical to Dublin for a number of reasons: it will unify the east and west sides of the City; and it is important in terms of economic development, as it provides accessway for freeway frontage office development. 4. As .confirmed eazlier by Mr. Foegler, the development immediately generates $240,000 in income tax, $400-500,000 per yeaz of real property taxes, plus the personal property tax revenues on the $3.1 million of personal property. All of this will happen without any type of tax abatements. 5. This connector road is an important part of the local road and infrastructure improvements being undertaken by the Ciry which demonstrates to the State that Dublin is doing its part i locally to improve the road networks, thereby reducing traffic on 270. 6. This is not a developer~iriven process. The developer is simply willing to contribute the land and the construction costs for the beginning of the connector road which will eventually join the Ciry together. 7. All other azeas of the Ciry have a balance of retail, commercial, multi-family, single-family ~j development and aze part of the road network. Nothing is being proposed for this site that is not done in the rest of the City. 8. He will vote for the rezoning because it's the right thing to do for the City as a whole and for the neighborhood in particulaz. Mr. Strip summazized his position: 1. He noted that there is no conflict of interest for him on this issue. His partner's wife, Ginny Schulman is involved in the real estate transaction, but his law partnership has no interest in Mrs. Schulman's commission and no discussion has taken place with his partner regazding the issue. 2. He is not enthusiastic about this rezoning, but pointed out what effect a "no" vote would have: a) There would still be a 198,000 squaze ft. of real estate being developed for retail use. b) The current zoning actually contains more dwelling units than is proposed under the rezoning now before Council. 3. The Sawmill Road traffic is a mess and won't improve for a long time due to the impacts of the lazge amount of development north of this azea. Dublin also has no control over Sawmill Road which lies entirely within the Columbus boundary. 4. Although many citizens aze not pleased with the retail stores to be built with this development, the City does not have the right to restrict which retailers can come to a City 'I I RECORD OF PROCEEDINGS Dublin City Council Meeting Page 10 Minutes of Meeting Q YTON LE AL BLANK Held Mazch 20, 1995 19 and which cannot. 5. While this is not a great improvement for Dublin, a "no" vote will leave a big field undeveloped and a future proposal could include something he likes a lot less. Mrs. Boring commented as follows: 1. The issue here is one of quality of life. The Community Plan calls for a minimum of 30 percent to be maintained as open space, close proximity to arterial roads where additional traffic will not create unacceptable levels of service. Both of these have been violated. 2. Regazding economic development principals, the adopted study promotes a high quality of physical environment that residents desire. The east side already has 1.16 million squaze ft. of retail, while the rest of Dublin has 1.26 million square ft. This is a regional mall which is not resident driven. 3. The reconfiguration of this shopping azea does not enhance the quality of life for residences and businesses. 4. A Value City furniture store does not satisfy the definition of sustaining chazacteristics of quality, image and access to maintain its advantage, as was recommended in the study. 5. She has concerns with safety in view of the close proximity of this development to the new high school. 6. The most critical thing is that it does not have community support of the long-time area residents who have an investment in their homes. 7. The residents bazgained in good faith five yeazs ago and trusted that the plan would be carried out. Why do we insist we aze doing a favor for these residents? Who aze we to judge that this is a better plan for the residents who have consistently researched and retained experts to advise them? 8. It is wrong to string out this PUD and spot zone it, to request that the residents sacrifice neighborhood control for the Saltergate Extension which goes nowhere. Holding this azea hostage for the promise of Mt. Cazmel is also wrong. The residents want Mt. Cazmel to stand on its own. 9. She emphasized that the retail has regional, not neighborhood draw, and that the azea is being held hostage after they bargained in good faith five yeazs ago. Mrs. King commented as follows: 1. She noted that the zoning already in place is by no means perfect, as Mr. Strip has already stated in his comments. Her attempt this evening with the conditions proposed is to improve the rezoning before Council tonight, to specifically address concerns of the residents. 2. She takes issue with a previous statement that Council has indicated that they aze doing a favor for these residents with this rezoning. Instead, Council is striving to be fair to the public, to be respectful to everyone involved, to obtain good information and make a good i decision for the benefit of the Ciry of Dublin in whole and in part. 3. She, too, would have preferred that the Mt. Carmel piece had been separated from this project, but the City had no control over this. 4. Regazding the economic development study recommendations regazding regional retail and potential saturation, this portion of the study was written during the climate of the mall controversy. It was not duetted towazd a lazge retail center on Sawmill Road. 5. What Council needs to do tonight is to recognize that this rezoning is an improvement over the 1990 zoning. Mrs. Stillwell noted that: 1. She believes that the decision on this rezoning must be made in terms of what is best for all interests in Dublin as a whole. 2. The application, while not perfect, is an improvement over the 1990 zoning for the following reasons: a) It provides comprehensive planning for the Sawmill Road area; b) It brings the Mt. Carmel piece to Dublin, a needed health caze facility and welcome addition to the Dublin community; c) While the road network is not perfect, it is a beginning. Traffic and transportation have been the number one issue that has come out of the economic development study in terms of problems. This is a step in the right direction to address that. 3. She believes that the azchitecture has been improved, the site design and many other portions of the text. 4. While it is not a perfect application, it's much better than what was approved in 1990, and for the benefit of all of Dublin, she will vote in favor of the rezoning. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 11 Meeting LE AL BUNK RM N 1 1 Held Mazch 20, 1995 19 Mr. Zawaly commented: 1. He is in agreement with all of the points made by the Mayor about this rezoning. He added that this is not a pazochial issue, but rather a Dublin issue. 2. The worst portion of this development was put into place with the 1990 zoning. He acknowledged that hindsight is 20/20, and many things aze known now that were not known at that time. 3. In terms of economic development, as the Mayor stated, "If you talk the talk, you have to be willing to walk the walk." He is prepared to walk the walk. 4. During the development process at Planning and Zoning Commission, the developer gained a lot of respect in Mr. Zawaly's eyes because of their willingness to take direction in azeas such as squaze footage, entry features, and tree preservation. 5. He emphasized that this proposal brings Mt. Carmel to Dublin, includes fewer multi-family residences, open space has been preserved, and adjustments have been made in the text where they were requested. 6. The application has been improved with the addition of the other conditions tonight, and he plans to vote in favor of the rezoning. Mayor Campbell made these additional comments: 1. He urged all present to leave this evening with the same thought: that we aze one city, and that we all have the interest of Dublin as the highest goal, although we may have different perspectives about how to get to that level and different feelings about what is the ideal city. 2. Everyone here has done the best they can throughout the process. He thanked Planning Commission, staff, the residents for their hazd work which will assist Council in making a decision tonight. Mayor Campbell then asked Steve Smith to read the additional conditions drafted by Council into the record for consideration: Mr. Smith asked that the developer's representative, Harrison Smith, respond that he agrees with each of the conditions as they aze read. 14. The developer agrees to construct a retention pond on a site designated as the Mt. Carmel property, subject to the approval of the City Engineer. Hazrison Smith stated that he agrees with this condition. 15. The developer agrees that all outpazcel uses shall be subject to Council approval at final development stage, the exact procedure to be established by the Law Director. Harrison Smith stated that he agrees with this condition. ~ 16. The developer agrees that all retail uses shall be limited to 12 hours per day, and under no circumstances shall retail be open after 12 midnight, and that this restriction shall not apply to restaurant uses either in the retail center or outpazcels. Restaurants shall be closed between the hours of 1 a.m. and 6 a.m. Following discussion, Harrison Smith agreed to this condition with the amendment as noted below: ~ 16. The developer agrees that all retail uses shall be limited to 12 hours per day, and under no ~ circumstances shall retail be open after 12 midnight, subject to Council adjustment or review on one retail user, namely Sears. This restriction shall not apply to restaurant uses, either in the retail center or outpazcels. These restaurants shall be closed between the hours of 1 a.m. and 6 a.m. 17. The developer agrees that outdoor displays of plant material may be permitted associated with permitted use provided conditional use approval is received from Planning and Zoning Commission. Following discussion regarding clarification, Harrison Smith agreed to this condition with the amendment as noted below: 17. The developer agrees that outdoor displays of plant material may only be within the confines of the stores. 18. The developer agrees that no tent sales shall be permitted on this retail site. Two outdoor sales per year for the retail center shall be permitted with staff approval. Harrison Smith stated that he agrees with this condition. Mrs. Boring noted that Mr. Smith had previously agreed to a limited time for outdoor sales. Harrison Smith stated that he has no objection to limiting the time for outdoor sales. RECORD OF PROCEEDINGS Minutes of Dublin Ciry Council Meeting Page 12 Meetin N LE AL BLANK CO. FORM NO. i 14 Held Mazch 20, 1995 19 Mrs. Boring suggested an additional condition 19 that the developer agrees that no sign waivers will be considered. Following discussion about this condition, Harrison Smith agreed to the following: 19. The developer agrees that on this subject rezoning there will be no sign variances requested. Harrison Smith then confirmed, for purposes of the record, that they aze in agreement with all 19 conditions. Mr. Zawaly moved to amend Ordinance No. 102-94, incorporating the draft that has been presented to Council dated March 17, 1995 for hearing on Mazch 20, 1995. Mr. Strip seconded the motion. Vote on the motion -Mrs. Boring, no; Mr. Kranstuber, yes; Mayor Campbell, yes; Mrs. King, yes; Mrs. Stillwell, yes; Mr. Strip, yes; Mr. Zawaly, yes. Mr. Zawaly moved to approve Ordinance 102-94 as amended subject to all 19 conditions as stated in the record tonight. Harrison Smith again agreed to all 19 conditions in the record tonight. Mr. Strip seconded the motion. Vote on the ordinance - Mr. Strip, yes; Mr. Zawaly, yes; Mrs. Boring, no; Mr. Kranstuber, no; Mayor Campbell, yes; Mrs. King, yes; Mrs. Stillwell, yes. Mrs. Boring asked staff to clazify the text portion on page 4, Subazea SA uses exceptions: Does Seazs Hazdwaze fall under 525, hazdwaze and farm equipment? Mr. Papsidero responded that under the Community Commercial district, hazdwaze stores aze treated in a sepazate section for retail establishments. Ordinance No. 12-95(Amended) - An Ordinance Amending Certain Sections of Ordinance No. 23-93 (Compensation Plan), and Declaring an Emergency. (Third Reading) Mayor Campbell moved to amend the ordinance, as previously discussed with Council, in Section 3A of Ordinance 23-93 to substitute the Martin Luther King Day holiday for the Columbus Day holiday, effective in 1996. Mrs. King seconded the motion. Vote on the motion - Mr. Zawaly, yes; Mr. Kranstuber, yes; Mayor Campbell, yes; Mrs. King, yes; Mrs. Stillwell, yes; Mr. Strip, yes. Mr. Hansley noted that staff is requesting emergency action because several budgeted positions are on hold pending passage of this ordinance which establishes salary ranges for those positions. ~ Mr. Kranstuber moved to treat this as emergency legislation. Mr. Zawaly seconded the motion. Vote on the motion - Mr. Zawaly, yes; Mr. Kranstuber, yes; Mayor Campbell, yes; Mrs. King, yes; Mr. Strip, yes; Mrs. Stillwell, yes. Vote on the ordinance -Mrs. Stillwell, yes; Mayor Campbell, yes; Mr. Zawaly, yes; Mr. ~ Kranstuber, yes; Mr. Strip, yes; Mrs. King, yes, ii it Ordinance No. 13-95(Amended) - An Ordinance to Adopt the Proposed Cash Capital Budget and to Amend the Annual Appropriations Ordinance for the Fiscal Year Ending December 31, 1995, and Declaring an Emergency. (Third Reading) Mr. Hansley noted that a memo from Ms. Grigsby was included in the packet with the revised cost on the Bright Road signal. Staff is prepazed to respond to questions from Council about- specific . projects. Mr. Hansley added that many major improvement projects aze on hold pending adoption of this budget. Mayor Campbell called for discussion from Council members about any items they have concerns or questions about. Mr. Zawaly stated that he has strong feelings that the traffic light at Bright Road and Riverside Drive at $453,500 should be removed. Mr. Strip asked Mr. Kindra if the engineering has been completed for this project, and Mr. Kindra responded that it has been done. Mr. Strip then indicated that he would support the removal of this traffic signal from the budget until such time as Hazd Road is open and operational which he assumes is approximately 120 days. He RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 13 Meetin DAYTON LEGAL BLANK R ' Held March 20, 1995 19 emphasized that it isn't that the signal is not needed, but it's important to determine the impact of the Hard Road opening before proceeding. Mrs. Boring stated that she provided to Council minutes of Committee meetings and news clippings which had led residents to believe that the signal installation at Bright and Riverside was going to be a reality. She believes that the traffic on Hard Road due to the high school will cause people to avoid the road. In addition, a visibility problem at Bright and Riverside exists. Mr. Strip commented that the school generates traffic for a limited time period each day. Mr. Foegler added that the school entrance is signalized as well. Mr. Strip stated that he is also opposed to the pavement management system (PMS) included in the budget, as described in his memo to Council. He suggests that the funds instead be diverted to items needed for the 5800 Building. Council could then reconsider the PMS system in 6 months. Mrs. Stillwell commented that she will only support removing it if Council will reconsider it within a couple of months when the capital budgets are reviewed again. She believes that the program makes sense for the City in terms of the land mass and large road network managed. Mrs. Stillwell noted that she would like to fund screenings for the 5800 Building as she believes that the Ciry should conform with the Code requirements imposed on other developers. Secondly, she has concerns with signalizing Post and Avery in view of Mr. Cline's comments regarding maintaining the Post Road corridor as residential in nature. Signalizing Post and Avery will, in effect, re-emphasize Post Road. Mayor Campbell commented that because of the change in Council's calendar for budget reviews, the capital improvements budget will be revisited in 3 to 4 months for next year. He suggested removal of both lights pending resolution of the issues raised by Council. Mr. Strip noted that he would also support removing the funding for the signal at Perimeter Loop. This is a developer responsibility. Mr. Foegler commented that staff does not believe the City has any leverage to require any developer obligation for the Perimeter Loop signal. The developer has agreed as part of the final development plan that if the City would choose to make it a year one priority that they would contribute 50 percent. If the Ciry installs the signal within two to three years when required, the project will have to be done at 100 percent Ciry cost and including prevailing wage rates. I Mrs. King pointed out that the Perimeter Mall will not be ready to open and in need of a traffic light for 1995 -what would then be considered the first year for funding purposes? Mr. Foegler responded that the goal was to have the signal installed simultaneously with the improvements for the project. In order to maintain the developer's commitment, the City must make a policy decision on this issue. There is flexibility on when the funding or appropriations would have to be made - it could be considered a '96 budget item. Mayor Campbell summarized that the items of concern which may be removed are: the pavement i~ management system and the three traffic signals -Bright Road and Riverside; Post Road and Avery; and Perimeter Loop and Avery Road. Discussion followed about the budget for the annual street maintenance program. Mrs. Boring expressed concerning about timing of the repaving of Brandonway at $208,000 in view of the major construction scheduled for the new elementary school at that location. This repaving should be delayed until after the construction of the school is completed. Mr. Kindra clarified that all of Brandonway is not included. The construction traffic will likely be on Dublin Road for this project. Discussion followed. Mayor Campbell asked if the Brandonway repaving could be removed from the $700,000 budgeted this year and delayed until the school construction is complete. This would allow the inclusion of the streets below that on the list. Mr. Kranstuber requested that the Tuttle Road near Thomas Elementary be put on some kind of deferred list since it is an inadequate road to serve the school plus the local traffic. ~I RECORD OF PROCEEDINGS Minutes of Dublin Ciry Council Meeting Page 14 Meeting DAK N LEGAL BLANK O., R N , Held Mazch 20, 1995 19 Mrs. Stillwell commented that the Llewellyn Farms residents aze satisfied with the road as presently configured. They believe that improvements would bring more traffic. Mayor Campbell brought closure to the discussion, asking Council to determine if there aze four votes to remove the vazious items from the cash capital budget for '95. He added that within three months, Council will be reviewing the CIP for next year. Mr. Hansley clarified that during the budget heazings, Council had agreed that once a street maintenance figure was established, staff would bring a proposed list to the Council Committee for review. The Committee would then report back to Council regarding their concerns about the streets listed. Mayor Campbell asked that the minutes reflect that there is significant concern about the Brandonway repaving. It was the consensus of Council to leave the $700,000 as the line item for street maintenance. Mayor Campbell asked if there was support from at least a majority for removing the Bright Road signalization at this time, with consideration given to funding this at the next CIP review. Mr. Zawaly, Mrs. King, Mr. Strip, Mrs. Stillwell, and Mayor Campbell indicated support. Regazding the Post and Avery signal, Mr. Zawaly, Mrs. Stillwell, Mrs. King and Mayor Campbell indicated support for removing this as well. Regazding the $75,000 budgeted for the Avery Road and Perimeter Loop signalization contribution, Mrs. Stillwell asked that it be left in the contingency budget, Mr. Kranstuber wants it left in, Mrs. King is willing to contribute this during the first year but does not want to tie up the money unnecessazily, Mayor Campbell agrees with Mrs. King. Mr. Strip would like to remove it until a better definition is provided of what year one is. Mr. Strip suggested moving the $75,000 to the contingency line. This was acceptable to Council. Mayor Campbell noted that everyone has indicated being in favor of removing the pavement management system, pending further discussion at the CIP review meetings. Mr. Strip noted that he had recommended that this money be spent on the 5800 Building. Mrs. King stated that the $185,700 budgeted this yeaz for the pazking lot at the 5800 Building is a fair amount of money to allocate for the yeaz. She is not comfortable with spending more. There was no further discussion about adding additional funds to the $185,700 already budgeted for i the pazking lot. Mr. Zawaly asked about the results of the survey of Council members regazding computer capabilities, and whether this issue will be addressed in the budget. He emphasized the importance of a-mail to assist with organization of the massive amount of information. Ms. Grigsby responded that all of the surveys have not been returned at this time. Discussion followed. It was the consensus of Council that additional survey forms be provided to Council members, and that Council members add any information that is not covered on the survey to their responses. Mr. Hansley offered that the City's information systems specialist, Bob Lesiacsek could come to the staff comments portion of an upcoming meeting and give a brief presentation on this subject. Mr. Zawaly moved to refer the computer needs issue for Council members to the Administrative Committee. Mrs. King seconded the motion. Mayor Campbell suggested that Mr. Lesiacsek give the presentation to Council and the Administrative Committee can then take the issue from there. Vote on the motion - Mr. Strip, yes; Mrs. King, yes; Mrs. Stillwell, yes; Mayor Campbell, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mr. Kranstuber, yes. Mr. Strip then moved to amend the ordinance to delete the signal for Bright and Riverside and the signal for Post and Avery; to move the contribution for the signal at Perimeter Loop to the contingency fund; and to remove the pavement management system, with further discussion to be i RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 15 Meeting N LE AL BLANK CO. FORM NO. 1014 Held Mazch 20, 1995 19 held at the time of the capital improvement budget review in approximately three months. Mrs. Stillwell seconded the motion. Mr. Zawaly stated that he is not totally comfortable with the fact that $220,000 has been earmarked to be transferred into the Pazk Development fund. He does not believe this is a fiscally sound policy to tie up this money and restrict it in this manner. Mr. Strip offered that if Council chose not to spend any of this money over the next three yeazs, the line item could be eliminated and the funds transferred back. Brief discussion followed. Mr. Zawaly stated that this subject can be discussed again at a future date. Vote on the motion - Mr. Zawaly, yes; Mrs. King, yes; Mrs. Boring, no; Mrs. Stillwell, yes; Mayor Campbell, yes; Mr. Strip, yes. Vote on the ordinance -Mrs. King, yes; Mrs. Stillwell, yes; Mayor Campbell, yes; Mr. Strip, yes; Mr. Zawaly, yes; Mrs. Boring, no. Mr. Zawaly moved to treat the ordinance as emergency legislation. Mr. Strip seconded the motion. Vote on the motion to treat as emergency -Mrs. Boring, no; Mrs. Stillwell, yes; Mayor Campbell, yes; Mr. Zawaly, yes; Mr. Strip, yes; Mrs. King, yes. Ordinance No. 16-95(Amended) - An Ordinance Accepting the Lowest and Best Bid for Construction of Phase I of the Community Recreation Center and Appropriating Funds Therefor, and Declaring an Emergency. (Third Reading) Mr. Hansley noted that staff is recommending adoption tonight by emergency. The low bidder, as Council is aware, has formally withdrawn their bid, and staff recommends awazd of the bid to the second low bidder, Tuttle Construction. Curt Moody is here this evening as well as a representative of the construction company. Mr. Strip moved to amend Ordinance 16-95 to incorporate the names of the company and the dollar amounts and to treat this as emergency legislation. Mr. Kranstuber seconded the motion. Vote on the motion -Mrs. King, yes; Mrs. Stillwell, yes; Mayor Campbell, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mr. Kranstuber, yes; Mr. Strip, yes. Vote on the ordinance -Mrs. Boring, yes; Mr. Kranstuber, yes; Mayor Campbell, yes; Mrs. King, yes; Mr. Strip, yes; Mr. Zawaly, yes; Mrs. Stillwell, yes. Mr. Hansley stated that staff will provide a monthly progress report to Council on the Community ~ Recreation Center construction project. Ordinance No. 17-95(Amended) - An Ordinance Accepting the Lowest and Best Bid for the Tuner Road Street Tree Plantings, Appropriating Funds Therefor, and Declaring an Emergency. (Third Reading) ' j Mr. Hansley noted that staff is asking for emergency passage to take advantage of the bid that has been received. Mrs. Stillwell moved to treat this as emergency legislation. Mrs. King seconded the motion. Vote on the motion - Mr. Kranstuber, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mr. Strip, yes; Mayor Campbell, yes; Mrs. King, yes; Mrs. Stillwell, yes. Vote on the ordinance - Mr. Strip, yes; Mayor Campbell, yes; Mrs. King; yes; Mrs. Stillwell, yes; Mr. Kranstuber, yes; Mrs. Boring, yes; Mr. Zawaly, yes. Ordinance No. 18-95 - An Ordinance Providing for a Change in Zoning of 11.927 Acres of Land Located Along the West Side of I-270, Approximately 500 Feet South of Shier-Rings Road from: RI, Restricted Industrial District to: PCD, Planned Commerce District. (Corporate Park of Dublin) (Frst Reading) (Applicant: Equity Dublin Associates, 22035 Chagrin Boulevazd Beachwood, OH 44122) Mayor Campbell introduced the ordinance. Mr. Hansley noted that staff is recommending referral to Planning Commission. Mr. Zawaly moved to refer this to Planning and Zoning Commission. Mrs. Stillwell seconded the motion. Vote on the motion -Mrs. King, yes; Mrs. Boring, yes; Mr. Strip, yes; Mayor Campbell, yes; Mr. Zawaly, yes; Mr. Kranstuber, yes; Mrs. Stillwell, yes. I~ RECORD OF PROCEEDINGS Minutes of Dublin Ciry Council Meeting Page 16 Meetin DAK N LEGAL BLANK CO.. F RM N 1 1 Held Mazch 20, 1995 19 Ordinance No.19-95 - An Ordinance Amending the Annual Appropriations Ordinance for the Fscal Year Ending December 31, 1995, and Declaring an Emergency. (First Reading) Mrs. King introduced the ordinance. Mr. Hansley noted there is a detailed memo in Council's packets from Ms. Grisby that explains each of the items. Staff is recommending adoption by emergency because of the Recreation Center funding needs. Following discussion, Mr. Zawaly moved to incorporate the following amendments: the fund name in Section 1 of the ordinance should be "Community Recreation Center Construction fund"; both the account number and the name of the account should be specified in all instances for purposes of clarification. Mr. Strip seconded the motion. Vote on the motion -Mrs. Boring, yes; Mayor Campbell, yes; Mrs. King, yes; Mr. Zawaly, yes; Mrs. Stillwell, yes; Mr. Strip, yes. Mr. Strip moved to waive the three-time reading rule and treat this as emergency legislation. Mr. Zawaly seconded the motion. Vote on the motion -Mrs. Boring, yes; Mayor Campbell, yes; Mrs. King, yes; Mr. Zawaly, yes; Mrs. Stillwell, yes; Mr. Strip, yes. Vote on the ordinance - Mr. Zawaly, yes; Mayor Campbell, yes; Mrs. Boring, yes; Mr. Strip, yes; Mrs. Stillwell; yes, Mrs. King, yes. Ordinance No. 20-95 - An Ordinance Providing for a Change in Zoning of 149.629 Acres of Land Located on the North Side of I-270, from Dublin-Bellepoint Road (SR 745) on the East to Coffman Road on the West, from: PUD, Planned Unit Development District to: PUD, Planned Unit Development District. (Revised McKitrick I-270 Preliminary Development Plan) (First Reading) (Applicant: Ben W. Hale, Jr., representing Bethel Road Investment Co. and McKitrick Properties, Inc., Smith & Hale, 37 W. Broad Street, Columbus, OH 43215) Mrs. Boring introduced the ordinance. Mr. Foegler stated that this ordinance involves a series of amendments proposed to the McKitrick PUD to accommodate several proposed users for the site. Staff recommends that Council refer this to the Planning Commission. Mrs. Stillwell moved to refer this to Planning and Zoning Commission. Mr. Zawaly seconded the motion. Mrs. Boring requested that the information provided by Jim Fox of Willow Grove Condominium Association be included in the packets for Planning and Zoning Commission. Mr. Foegler responded that she should forwazd this to the Planning Director so that it could be ~ incorporated with the rest of the site design information. He assured her that this will be provided to the Commission. Vote on the motion - Mr. Kranstuber, yes; Mrs. Stillwell, yes; Mayor Campbell, yes; Mr. Strip, yes; Mr. Zawaly, Yes; Mrs. Boring, Yes. Ordinance No. 21-95 - An Ordinance Amending Ordinance No. 62-88 (Amended) to Update the Arterial Traffic Plan for the City of Dublin. (First Reading) Mrs. Stillwell introduced the ordinance. ~ Mr. Hansley stated that staff recommends referral to Planning Commission. Ms. Clazke commented that the intent of this ordinance is to consolidate all of the information gathered and commissioned over the yeazs into one document. The Southwest Area Plan included many road unprovements for territory not covered in the 1988 plan. A study prepazed by M.S. Consultants regazding Tuttle Crossing Boulevard has also been included. One of the standazds would be to establish a right~f--way of 132 to 138 feet which is not one of the standazds currently within the adopted thoroughfaze document. Mr. Foegler added that the legal significance of the Plan relates primarily to rezonings and development requests. Subdivision regulations require compliance with it during the platting process. Identifying these roads in terms of right~f--way widths provides a basis upon which to require certain infrastructures or dedications to be made. Mrs. Stillwell moved to refer this to Planning Commission. Mr. Zawaly seconded the motion. Vote on the motion - Mr. Strip, yes; Mrs. Stillwell, yes; Mayor Campbell, yes; Mr. Kranstuber, yes; Mrs. Boring, yes; Mrs. King, yes; Mr. Zawaly, yes. RECORD OF PROCEEDINGS Minutes of Dublin Ciry Council Meeting Page 17 Meetin A N AL BLANK CO. FORM NO. 1 14 Held March 20, 1995 19 Resolution No. O(r95 - A Resolution Authorizing the City Manager to Convey aRight-of--Way Easement to the Columbus Southern Power Company Which Will Provide Service to Dublinshire 7 through Reserve H of Dublinshire 6 Subdivision. (First Reading) Mrs. King introduced the resolution. Mr. Hansley stated that staff is requesting that this be held over for second reading. Mr. Kinds can respond to any questions. Mayor Campbell suggested that any questions be held for the next reading. There will be a second reading at the April 10 Council meeting. Resolution No. 07-95 - A Resolution Designating April 17 through April 22 EarthWeek in the City of Dublin, Ohio. (First Reading) Mrs. King introduced the resolution. Mr. Hansley stated that this resolution is meant to draw the community's attention to activities scheduled for the week of April 17 to 22. The Solid Waste Authority, Ashland Chemical, Rumpke, and Washington Township aze participating in events. There will be a second reading at the April 10 Council meeting. Resolution No. 08-95 - A Resolution to Set Forth a Statement of Services to be Provided to the Area in a Proposed Annexation of 21+/- Acres from Jerome Township, Union County to the City of Dublin, Ohio as Required by Section 709.031 of the Ohio Revised Code, and Declaring an Emergency. (]Hirst Reading) Mrs. King introduced the resolution. Mr. Hansley noted that there is a cover memo which explains the need for this statement of services. Staff will provide a detailed map at the time of second reading and a memo regazding the annexation's consistency with the adopted interim annexation policy. Mrs. King retracted her introduction of the resolution because of her concern that this may not be consistent with the policy adopted by Council. Mayor Campbell then introduced the resolution. Mr. Hansley explained that the state statute requires Council to adopt a statement of services regazding an annexation petition filed with the Ciry and scheduled by the Commissioners for public heazing. Mr. Foegler noted that the Land Use Committee has requested that staff provide a redefinition of the interim annexation policy in regazd to significant pazcels into Union County which in and of themselves create lazge, developable tracts. He committed that staff will provide this modified language for the policy for the next Council packet. There will be a second reading of the resolution at the April 10 Council meeting. they Preliminary Plat -Wyndham Village Section 4 (Applicant: M/I Homes, c/o Bill Westbrook. 41 S. High Street, Suite 2410, Columbus, OH 43215) ~ Ms. Clazke stated that when this property was zoned from R-1 to PLR it was known as the Erwin ~ tract. It is located on the south side of Brand Road, but has no frontage on Brand. It is the southern 30 acres of a 45-acre pazcel. Planning Commission approved this preliminary plat on February 23 with 14 conditions as follows: 1. That all floodway, floodplain, and floodway plus 20 feet information be indicated on plans and lots redrawn if needed in accordance with FEMA regulations; 2. That all pazkland be dedicated to the City by warranty deed with the recording of the final plat, with recording fees paid by the developer; 3. That the northernmost stub road (shown as Blayney Drive) be shifted to the south to accommodate floodplain of the North Fork of the Indian Run and development potential of the adjacent site; 4. That a tree preservation plan be submitted outlining the azeas of preservation and proposed lot lines, utilities, and easements. Adjustment may be required to preserve the trees; 5. That a 20-foot no-build zone be provided along Lots #226-230 (at the north end of the park) and a 10-foot no-build zone along the sideyazds of Lots #230 and 231 (at the north and south entrance to the pazk); 6. That the detention basin on Lot #209 be located within a stormwater management easement with private maintenance responsibility noted on all plans, and a 20-foot access easement between Lots #208 and 209 (along the northern cul-de-sac) be provided, and all facilities be RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 18 Meetin DAYT N LEGAL BLANK CO. FORM N I 4 Held Mazch 20, 1995 19 designed to the satisfaction of the Ciry Engineer; 7. That an easement be provided along Tullymore Drive to accommodate the proposed bikepath; 8. That a street tree plan be submitted in conformance with Code, subject to staff approval, and that fencing restrictions be cleazly delineated on the plat; 9. That Glen Abbey Lane and Blayney Drive be renamed; 10. That a letter of credit for a portion of the projected cost of the bridge be provided to the satisfaction of staff; She noted that the bridge referred to is a bridge across the Indian Run which will actually be constructed with development on the Stazkey Property which is located to the west of this site. The area to be served by that bridge would include these 30 acres and a proportionate shaze of the cost of that bridge construction was made a condition of zoning and agreed to by this developer. 11. That no pazking signs be posted along streets less than 32 feet in width; 12. That all pavement, right-of--way, easements, utilities, storm sewer management, cul-de-sacs, vertical alignments and street geometrics be designed to the satisfaction of the City Engineer; 13. That all changes be made to the text and plan to the satisfaction of staff prior to scheduling this application before Ciry Council; and 14. That Lots #231, 232, 233, 234, and 235 each be moved 25 feet north to allow access for a proper path to the pazk from Tullymore Drive, as determine by the Pazks Duector/Staff. Jeff Strahn, representing M/I Homes agreed to all of the conditions. Mrs. Stillwell moved to approve the preliminary plat subject to the conditions. Mr. Kranstuber seconded the motion. Vote on the motion - Mr. Zawaly, yes; Mrs. King, yes; Mrs. Boring, yes; Mr. Strip, yes; Mr. Kranstuber, yes; Mrs. Stillwell, yes; Mayor Campbell, yes. Discussion re Xoggz funding Mr. Hansley explained that a determination on the funding for the Xoggz in terms of whether this is allocated from bed taxes or contingencies needs to be made. He is at the final stage of negotiations for rental of bleachers and other commitments made within the contract. The second decision to be made by Council involves a selection of the two Ciry representatives for the Xoggz boazd. Mr. Strip noted that Mr. Hansley's response to his memo on this subject was satisfactory. He added that he has concerns that the Xoggz should have a Dublin address. i Mr. Hansley responded that Mr. Nyce is awaze of this concern and will take steps to remedy this. If Council members have suggestions regazding the process for the Boazd representation selection, he suggested that this be forwarded to him for consideration at the April 10 meeting. Mr. Hansley stated that he recommends that the expenses be chazged to the reserve funds and not the bed tax. Mayor Campbell moved to fund the City's commitments for the Xoggz per the contract from the reserve funds as suggested by Mr. Hansley. Mr. Kranstuber seconded the motion. ~ Vote on the motion -Mrs. Stillwell, yes; Mr. Kranstuber, yes; Mr. Strip, yes; Mrs. King, yes; Mrs. Boring, no; Mayor Campbell, yes; Mr. Zawaly, yes. Committ Re~rts Mr. Strip, Finance Committee reported that they met with the Team Columbus representatives : tonight regazding funding for the Bands, Bikes and Bazbecue event. They had requested funding of $35,000, reduced their request to $25,000, and the Committee is now recommending funding of $15,000. Mr. Strip then moved to recommend approval of $15,000 of bed tax funds for Team Columbus for the Bands, Bikes and Bazbecue event. Mrs. Boring seconded the motion. Vote on the motion -Mrs. Stillwell, yes; Mayor Campbell, yes; Mrs. Boring, yes; Mr. Kranstuber, yes; Mr. Zawaly, Yes; Mrs. King, Yes; Mr. Strip, yes. Mayor Campbell suggested that each Council Committee Chairperson compile a list of items which aze pending which involve their particulaz committee. In this way, the appropriate items can be assigned to the newly restructured committees. RECORD OF PROCEEDINGS Minutes of Dublin Ciry Council Meeting Page 19 Meeting N LE AL BLANK CO. FORM NO. 1 14 Held Mazch 20, 1995 19 Mrs. Stillwell, Administrative Committee noted that, following consultation with staff, in terms of the lazge boazd requested for planning cycles, this information will instead be generated by computer. The paper planning cycle generated at the Goal Setting session will be used in the interim until the computerized form is put together. She noted that a representative for the Dublin Fund is still needed, and the remaining board and commission appointments should be completed at an upcoming executive session. Mayor Campbell asked Council members if they would have an objection to a requested proclamation from Lifeline of Ohio to designate April as Organ Donor Awazeness Month. There was no objection from Council. Mayor Campbell noted that a second request was forwarded from the Columbus Urban League for a proclamation for Fair Housing Month in April. There was no objection from Council. Mr. Hansley noted that several Planning staff members will be attending their national conference during the week of the April 10 Council meeting, and therefore Mazy Newcomb will be addressing agenda items involving planning issues for that meeting. The meeting was adjourned at 12:40 a.m. 1 Mayor, rest ing cer i ~ C~~~a-v~~~ Clerk of Council i