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HomeMy WebLinkAbout07/17/1995 RECORD OF PROCEEDINGS Minutes of Dublin Ciry Council Meeting Meetin DAYTpN LEGAL BLANK j Held July 17, 1995 19 Mayor Campbell called the work session of Dublin Ciry Council to order at 7:00 p.m. on Monday, July 17, 1995. Staff Comments Ms. Grigsby reported that the 1994 Comprehensive Annual Financial Report was included in the ` packet. This document has been submitted to the GFOA for review. She commended the Finance staff for their hazd work on this project. Mr. Kindra reported: 1. He has provided an update in the packet on the 161 widening project. A decision is needed about the green barrier median proposed for 161. The residents of David Road were surveyed and they favor a pazallel frontage road along 161 if the median is used. He would like input from Council in the neaz future about their preference. A decision is needed before information is submitted to ODOT. 2. In regazd to the proposal for candlestick lanes at 161 and Sawmill to assist with traffic flow out of the shopping center, he has provided a sketch to Council of the location of the candlesticks. The Police Department has provided a report to Council about the need for this type of traffic management at the intersection. Following discussion about candlesticks or concrete turtles to assist with traffic management, it was the consensus of Council to leave the decision to the discretion of the City Engineer. Mr. Kindra responded that the concrete turtles will be implemented on a trial basis; if they are not effective, the candlesticks will then be installed. 3. The meeting regazding the alignment for the Sawmill to 745 portion of the Dublin Coffman connector will be held in late August. Property owners in that azea will be invited to attend. Ms. Clazke stated that Planning staff would like consideration given to funding for the 270/161/33 interchange landscaping improvements during the capital budget heazings. This is a costly project and a conceptual plan was developed sometime ago. Bed tax applications have been submitted twice for this project and the applications have been turned down. Ms. Jordan noted that copies of Teepee Talk have been provided to Council. This is a publication of the newspaper club at Wyandot Camp. The formal session of the Dublin City Council meeting was called to order by Mayor Joel Campbell at 7:30 p.m. Mrs. Stillwell led the Pledge of Allegiance. Roll Call Council members present were: Mayor Campbell, Mrs. Boring, Mr. Kranstuber, Mrs. Stillwell, Mr. Strip, and Mr. Zawaly. Mrs. King was absent (excused). Staff members present included: Mr. Hansley, Mr. Foegler, Mr. Smith, Ms. Grigsby, Mr. Hazding, Ms. Clazke, Mr. Kindra, Chief Ferrell, Ms. Jordan, Ms. Puskazcik, Mr. Lenz, Mr. McDaniel, and Ms. Crandall. I Approval of Minutes of the Tune 19. 1995 Meeting I! Mr. Zawaly moved to approve the minutes of the June 19, 1995 Council meeting. Mr. Strip seconded the motion. Vote on the motion - Mr. Zawaly, yes; Mr. Strip, yes; Mrs. Stillwell, yes; Mayor Campbell, yes; Mrs. Boring, yes; Mr. Kranstuber, yes. Approval of Minutes of the Tune 26, 1995 Special Meeting Mr. Zawaly moved to approve the minutes of the June 26, 1995 Special Council meeting. Mr. Strip seconded the motion. Vote on the motion - Mr. Kranstuber, abstain; Mayor Campbell, yes; Mrs. Stillwell, yes; Mr. Strip, yes; Mrs. Boring, yes; Mr. Zawaly, yes. Certificates of Achievement Mayor Campbell presented certificates of achievement to the following winners of the Dublin Community Plan Essay Writing Contest: Costa Lucciasna, Carrie Ferguson, Kaylin Keller, Lauren Mayfield, Aradhna Sazaswat, Matt Chisman, Evan Guthrie, Sally Hazmon, Paul Jackson, Julie Kemerer, Trish McAndrew, Lisa McCann, Lauren Schweitzer, Andrea Sullivan and Chris Thomson. The winners were congratulated for their fine efforts. II RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 2 Meetin N GAL 9LANK O. RM 1 Held July 17, 1995 19 Special Award On behalf of Council, Mrs. Boring presented a plaque to Ms. Puskazcik, Special Events Administrator for her outstanding efforts on coordinating the Fourth of July Celebration. The plaque reads, "Don't Rain on My Blue Suede Shoes - 1995". Correspondence The clerk reported that notices to legislative authority were included in the packets as follows: C-1 and C-2 permits for Big Beaz on Perimeter Loop; D-1 and D-2 permits for Mazgazita's Restaurant at Perimeter Center; and C-1 and C-2 permits for Sawmill Sunoco. Letters of explanation have been provided by each of these applicants. There was no request from Council for a heazing on the issuance of these permits. Comments from Visito John Dirri~. 7700 Riverside Drive addressed Council regarding the Hazd Road/257 intersection. He stated that his comments to Council regazding the survey errors for the centerline of 257 have resulted in the need for the resolutions before Council tonight to acquire the additional right-of--way. He asked Mr. Kindra about the new curb on Hard Road that was installed last week which extends to the eastbound edge of the existing 257. This curb seems to extend too faz into the intersection, and it appeazs that this will have to be removed. Mr. Kindra responded that the work is being performed by the Schottenstein developer and the curb was laid out per the original design plan prior to the surveying error being discovered. Mr. Foegler clazified that Hazd Road will be opened and connected to 257 prior to the intersection improvements by the City of Dublin. Mrs. Boring asked that the island location be checked to ensure that it is properly located in view of the right-of--way issues which have surfaced. Mr. Dirrig also expressed concern about the safety issues involved with opening the Hazd Road connection to 257 prior to the installation of a traffic signal. Ms. Beazden then introduced H. Douglas Talbott_ Governor Voinovich's Economic Development representative who announced that the State of Ohio is committing $600,000 out of the roadway account fund to the connector road project for the Cardinal Health and CellulazOne developments. He noted that Dublin's Economic Development Department is one of the finest in the State of Ohio. Mayor Campbell thanked Mr. Talbott for his kind comments and asked that he convey Dublin's appreciation to the State of Ohio for the funding. Council Roundtable Mrs. Boring stated that residents of Jenmaz Court aze present tonight and they would like confirmation from staff about the schedule for the design of the connector road. Mr. Foegler stated that staff expects to schedule meetings with the residents of the azea during the second or third week of August to review the preliminary alignment studies which have been prepazed by the City's consultant. Mr. Kranstuber commented favorably about the impressive job done by Ms. Puskazcik and her staff on the Fourth of July celebration. The weather problems made it challenging, and staff did an ~ extraordinary job of dealing with the situation. li Mrs. Stillwell: I' 1. Echoed Mr. Kranstuber's comments, adding that Dublin is now "on the map" for its wonderful Fourth of July celebrations. 2. She noted that information has been included in the packet from MORPC identifying goals, listing accomplishments, and tying these in with the budget and the outcomes. This would be a good format to use as Council continues to align planning cycles in terms of goals and . budgets for the City. 3. She would like a status report from Ms. Jordan regazding the efforts made to date towazd the possible acquisition of Shawan Falls and identifying options for further action. Following brief discussion, Ms. Jordan agreed to provide this report for the second Council meeting in August. MrMr. Zawalv added his congratulations to the team that worked so hazd on the successful Fourth of July celebration. Mayor Campbell: 1. A big thanks to all of the Administration staff, the Parks staff, the Police Department for their hazd work on the Fourth of July celebration. Everyone went above and beyond the call of duty in dealing with the weather that evening in staging a great event. RECORD OF PROCEEDINGS Minutes of Dublin Ciry Council Meeting Page 3 Meetin DAYTON LEGAL BLANK ' Held July 17, 1995 19 2. Read excerpts of a letter from the Willow Grove Civic Association which acknowledged the City's efforts in the recent McKitrick rezoning to strike a balance between what is good for the entire community and that which is good for a small part of the community. The residents of Willow Grove expressed their appreciation for the commitment and responsiveness demonstrated by Council throughout the rezoning process. Mayor Campbell noted that this letter seems to refute a recent letter to the editor in a local paper criticizing the City's handling of the McKitrick rezoning. Doug Talbott, Governor's office, spoke again, stating that the aggressiveness of Dublin in pursuing economic development and creating new jobs was an important factor in the decision to fund the Dublin road project. L~islation Ordinance No. 04-95 - An Ordinance Providing for a Change in Zoning for 2.6871 Acres of Land Located on the Southeast Corner of Avery Road and Post Road from: LI, Limited Industrial District to: PCD, Planned Commerce District. (Ashland Oil Company - SuperAmerica) (Public Heazing) (Applicant: Ashland Oil Company, c/o Jeffrey L. Brown, Smith and Hale, 37 West Broad Street, Columbus, Ohio 43215) Mayor Campbell asked Mr. Smith to clazify the number of votes needed to approve this rezoning since it comes from Planning and Zoning Commission with a 3/2 vote. Mr. Smith responded that his reseazch indicates that without a recommendation from PBrZ, the rezoning will require a simple majority vote. He will further reseazch this matter and memo Council prior to the next meeting. Registered as proponents were: Jeff Brown, Smith & Hale; Bill Cseplo, 6012 Glenfinnan Court; David D'Antoni, 6252 Little Minch Court; Bill Tordoff, 254 Clover Court; and Joe Fox, 7284 Achill Drive. Registered as opponents were: Edith Driscoll, 6230 Post Road; Sandra Keiderling, 6344 Post Road; Chris Cline, 6060 Post Road; Lowell Mast, 6759 Avery Road; and Roger Eastep, 6390 Newgrange Drive. Ms. Clarke stated that this land has been zoned Limited Industrial for quite a number of years and the proposal is to rezone the property to the Planned Commerce district in order to permit a vaziery of auto-oriented commercial uses, including a 6,200 squaze foot structure housing a convenience store, a car wash, oil change facilities as well as ten gasoline pumps situated underneath a canopy. She then showed slides of the site and surrounding azea, and described the zoning of the surrounding pazcels. 1. She noted that the subject site was many years ago a gasoline station, but has been recently used for car sales. It is zoned LI and neither of those uses is permitted in that district. It is currently zoned for a series of industrial uses that don't have a lot of development ~ controls. 2. All of the proposed buildings would have residential roof lines and would utilize subdued materials. 3. There will be a high concentration of landscaping at the corner and between this azea and the neighboring residential azea. Some mature trees will be saved. 4. Staff supports the elimination of the right turn drop into the site which has been proposed by the applicant. Staff recommends approval of the rezoning. The motion to approve by Planning Commission did not receive four votes, so it is formally coming to Council without a recommendation. The applicant will comply with the Thoroughfare Plan by dedicating right-of--way sufficient to meet the City's requirements both on Post and on Avery-Muirfield Drive. The pazking provided is close to Code and justifiable. There aze 9 conditions recommended by staff: 1. That the Development Text be revised to further limit hours of operation for the convenience store to 6 a.m. to 1 a.m. on Friday and Saturday; She added that this would match the hours of operations of the United Dairy Farmer which is located in the Indian Run Meadow subdivision. 2. That the applicant dedicate 30 feet of right~f--way from the centerline of Post Road and 56 feet of right~f--way along Avery-Mui~eld Drive consistent with the Community Plan by warranty deed; She noted that this is to comply with the Thoroughfaze Plan as currently adopted. 3. That access along Post Road be limited to one curb cut; 4. That the applicant justify both the pazking and stacking rations; 5. That the Development Text be revised to state that gasoline pumps will be neutral in color, compatible with the principal structure and contain no internal illuminated panels or RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 4 Meetin LE AL BLANK CO. F RM N 1 1 Held. July 17, 1995 19 graphics; 6. That the Development Text be revised indicating ground signs in complete compliance with the Perimeter Center Subazea E sign standazds; 7. That the Development Text be revised to indicate the landscape plan will comply with the Avery Road buffer treatment, including any future revisions; 8. That the Development Text be revised to include meeting the Dublin Lighting Guidelines, that a revised lighting plan be submitted with the Development Plan which fully meet the Dublin Lighting Guidelines, including gas pumps without internal illumination; 9. That the Development Text be revised to indicate that public address systems will only be used for messages of an emergency or safety nature. The staff feels that the applicant has worked hazd to provide a transitional zoning between the commercial use expected along Avery-Muirfield Drive and the single family next door. She noted that the existing LI zoning provides little protection in terms of standazds for the neighbors or for the City in general. This application has been put together using many of the standards applied to Perimeter Center and will provide a well coordinated commercial activity at the comer. She then distributed a petition submitted by Ashland Chemical signed by over 100 Dublin residents who support a gas station at this location. In response to Mrs. Stillwell's question, Ms. Clarke clarified that the conditions are contained on page 6 of the staff report. Mr. Zawaly asked if there aze other conditions that the Planning & Zoning Commission discussed with the applicant and which the applicant agreed to that are not pazt of the staff s recommendations. Ms. Clazke responded that the gazage door and tinting of the glass were the ones discussed with the Commission. Mayor Campbell asked if the applicant agreed to the 9 conditions in the staff report plus the two which came from the Planning & Zoning discussion. Ms. Clazke responded that Mr. Brown, representing the applicant, at the time of the Planning Commission heazing did agree to the conditions as set forth in the Record of Action. Mayor Campbell stated that the conditions from the PBrZ meeting were not the same ones as included in the staff report. He would assume that the City prefer a compilation of the two sets of conditions. He asked Mr. Brown if his client is prepazed to agree to the compilation of the two sets. Jeff Brown. attorney for the applicant stated that the only additional item is the mechanical door at the caz wash entrance and his client is agreeable to that. The items listed in the staff report as conditions plus the additional mechanical door included in the Record of Action is what they agree to do. ~ Mr. Strip asked for additional information from staff regarding staff's concern about eliminating an entrance drive. Ms. Clarke responded that under Dublin's Code, a site is required to have 400 feet of frontage to qualify for a second curb cut of any type. In this case, the Engineering staff is recommending only one curb cut because of the accident risk involved with the additional curb cut off of Post. ~ Mr. Brown responded that this has been a matter of contention with the applicant. The applicant ~I has had a series of meetings with Mr. Bowman, Assistant City Engineer and with Doyle Cleaz, traffic consultant and they hope to meet again to discuss this issue further prior to the third reading. Mr. Brown stated that this pazcel was a leftover piece which was not rezoned with Perimeter and which was not included with Post Road. The current Limited Industrial zoning is undesirable. He emphasized that a major corporate citizen in the community is interested in offering their products to the residents of Dublin. These three factors together solve a difficult problem. He explained the features of the proposal: 1. They have oriented the building towazd the major street, directing it towazd the commercial activity. The building itself serves as a buffer. 2. They have reduced the lot coverage from a majority of pavement to a majority of landscaping on the site. They have incorporated 18 to 20 existing trees as part of the overall development. 3. The building design incorporates hip roof and brick and is finished on all four sides. 4. Signage included in the proposal matches the type in Perimeter Center. 5. Many of the Perimeter businesses will operate 24 hours a day, but as a transitional use, they have agreed to use the same hours as UDF. 6. The car wash and oil change hours have been restricted to shorter duration in order to RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 5 Meetin DAyfON LE L 9. ' Held July 17, 1995 19 reduce the activity level on the site and any noise levels associated with those uses. 7. He emphasized that they will meet the Avery Road buffer plan in terms of landscaping. He summazized that they have worked out the problems, addressed staff's concerns, and have a project which will work and which will be inspected every day by the Ashland employees on their way to work at the headquarters in Dublin. Mayor Campbell then invited those in favor of the rezoning to testify. " Bill Cseplo. 6012 Glenfinnan Court Dublin indicated that he supports the facility being proposed at this corner. He and his family have lived in Dublin since 1977. This location will be convenient and on the way for those who live north and travel to 161 and to the expressway via Avery- Muirfield Drive. David D'Antoni. 6252 Little Minch Court Dublin stated that he is resident of Dublin and also President of Ashland Chemical Company. He emphasized that Ashland has over 1,000 employees at their location and they have been located in Dublin since 1971. Over 250 Ashland employees live in Dublin, and Ashland would like to be able to serve their employees at this location. They recognize that the City must maintain standazds but the City must also provide services for their residents. They have gone to great lengths to address the concerns of the residents with this application, as they do in the operations of their facilities. He noted that Ashland is considering expanding in Dublin and he appreciates Council's interest in this project and hopes to gain their support. Bill Tordoff. 254 Clover Court Dublin stated this will be a very positive addition to the City of Dublin. He has lived on Clover Court for 5 yeazs and previously commuted to Dublin for 17 yeazs as a resident of the Worthington azea. They moved to Dublin because of the quality of life offered to residents. This type of project will be a positive addition to the community. Joe Fox. 7284 Achill Drive Dublin stated that he lives a mile from the proposed site and favors this rezoning. He is employed by Ashland Chemical, but this is not the only reason for which he supports the proposal. The location would be convenient and it would offer competition to the BP station in town. He believes that the cosmetics of the design aze very pleasing. So for reasons of competition, convenience and cosmetics, he urges Council to vote in favor of this rezoning. eff Br wn, representing the applicant added that all of their consultants aze present this evening to respond to questions. Mayor Campbell then invited those opposed to the rezoning to testify. I Edith Driscoll 6230 Post Road, President of the Post Road Residents Association submitted written testimony to Council. Highlights of her presentation were as follows: 1. The Avery-Muirfield Post Road intersection is the western gateway to Dublin and to the attractive residential sections north of Post and should be developed as a significant signature piece of architecture for office/R&D use. 2. The Mt. Auburn study supports this type of development at this location for reasons of significantly more income tax per acre of development. Office/R&D would produce $78,000 for 2.6 acres versus $15,600 for retail use. 3. The gas station is welcome in Dublin, but in an appropriate location. This use is not consistent with the overall land use for this area which was adopted by Council in the late 1980's. 4. Curb cuts at this location will result in traffic congestion and hazards. 5. Approval of this rezoning would have a negative impact on the improvement of adjacent property which has already been zoned office and residential. 56. She urged Council to make a fiscally responsible decision aswell as aneighborhood-friendly land use decision by defeating this rezoning proposal. Sandra Keiderlin~ 6344 Post Road stated that she has concerns about the quality of life in the neighborhood. When they purchased their property 12 yeazs ago, they were told that future land use plans for the area included a housing development behind them, a nature preserve between their property and the housing development, and residential homes across Post Road similaz to theirs. The 2.6 acres on the comer was zoned light industrial. A mazketing brochure prepared for land across the street indicated that the Dublin Plan calls for Post and Avery to become a cul-de-sac. The Post Road residents appreciate Council's concern for them and for maintaining superior quality neighborhoods while considering appropriate transitional land uses. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 6 Meetin E AL 116ANK RM I 1 Held. July 17, 1995 19 Chris Cline 6060 Post Road noted that the applicant and the residents approach this application with different perspectives. The applicant sees the proposal in the context of the major road and intersection location. The residents see it in the context of a detailed land use plan which was created through three planned districts -Perimeter Center, Lowell Trace,and the Riverside property. He then described in detail the old plan in which he was the negotiator for the Post Road Residents Association on each of the rezonings. He summarized that the residents do not believe that a retail use of this intensity is or can be a transitional use. No amount of landscaping can overcome the incompatible aspects of this retail use. Two of the large districts in the immediate area, Riverside and Lowell Trace have office uses on the comer of Post and Avery. They believe that this site should be zoned in a similaz manner - as a planned office use. This will be a successful transitional zoning category; is compatible with residential use; will bring significant financial premium over the present LI zoning; will bring net gain from income tax; will lessen the traffic impact on Avery from turning movements; will promote rather than harm the gateway concept for this azea; and will not de-stabilize the current office zoning for the two quadrants that aze already in place at the intersection. Lowell Mast. 6759 Avery Road stated that his home is on the 2.5 acres on the northwest corner recently rezoned for office, including a church and school. He is not opposed to Ashland within the community and believes that there is available land located nearby which is already zoned retail and would be perfectly suited for this use. He noted that a community oriented process began in 1987 with Council's approval of the Lowell Trace PUD, including the zoning of 14+ acres for office and institutional use at the northwest corner of Post and Avery Road. Soon after, the Riverside tract was approved for office development at the southwest corner. Eazly this yeaz, a multi-stage low impact plan was approved for a church and school campus along with an office building on the northwest comer of Post and Avery. In discussions with potential office users for his site, he found that they will not consider an upscale office structure location across from a SuperAmerica facility. He believes office development is the proper use for this site in order to protect zonings already in place for the northwest corner. He asked that Council continue to support the vision that their predecessors and the Post and Avery community have shazed and planned for since 1987. Roger Eastep. 6390 Newgrange Drive stated that he is President of the Lowell Trace Civic Association. They strongly oppose the proposal based on land use, on previous zonings, on the basis of the 1988 Community Plan and the existing Post Road policies. The impact on the adjacent comers and the surrounding neighborhoods would be very negative. A gas station is already planned for the Perimeter Center. There aze other locations available and more suited to a SuperAmerica station. Approving this rezoning proposal could have a ripple effect upon the existing office-zoned lots and make them less attractive for office users. He urges Council to defeat this proposal. Jeff Brown, representing the applicant pointed out that it is important to consider the existing zoning ~ on this property and the uses permitted under that zoning. The current zoning is not a transitional one for this corner and is not appropriate. If this had been included in Perimeter, the adjacent Perimeter subarea would in fact allow a service station use. The other factor is that there aze no other sites in Perimeter available -they aze all deed restricted. I There will be a third reading of the ordinance at the August 7 Council meeting. I~ Ordinance No. 23-95 - An Ordinance Providing for a Change in Zoning for 14.114 Acres of Land Located on the Southeast Corner of I-270 and Rings Road mom: R-lA, Restricted Suburban Residential District, To: PCD, Planned Commerce District. (Chakeres Land Co.) (Public Heazing) (Applicant: Chakeres Land Co., c/o Christopher Cline, 37 West Bridge Street, Dublin, Ohio 43017) Registered as a proponent of the rezoning was Chris Cline, 37 W. Bridge Street. There were no registered opponents of the rezoning. Ms. Clarke showed slides of the subject site and described the surrounding azea. The rezoning application would rezone this property from R-lA, a single family classification left over from a Washington township annexation to PCD, Planned Commerce District for an office pazk with basically the same standazds of Perimeter Center. She noted that access is the one problem with the overall site. Staff is hoping that an access point will be combined with the Wheatley and Puckett properties. This is a 14-acre application located on the south side of Rings Road with immediate visibility and frontage along I-270. Staff and Planning Commission aze recommending approval of this application. It was approved by P & Z in May with 6 conditions: 1. That the Development Text be revised to include the current lot coverage standazd (70 percent of lot azea); RECORD OF PROCEEDINGS Minutes of Dublin Ciry Council Meeting Page 7 Meeting A N L Held July 17, 1995 19 2. That right-of--way along Rings Road consistent with the Thoroughfare Plan be dedicated by general warranty deed (40 feet from centerline) upon rezoning; 3. That all Rings Road access be subject to approval by the Ciry Engineer prior to development with consideration given to visibility, grading, roadway conditions and other driveway placement, and that access be combined with the property to the east if possible; 4. That all private street, easements, utilities and stormwater management facilities be designed consistent with the standazds of the City of Dublin; 5. That a stormwater management plan for the entire site be undertaken subject to approval of the City Engineer and that wet basin(s) be utilized wherever possible for the stormwater management facilities; and 6. That alert-turn lane and street lighting, consistent with Ciry policy at entries, be installed by the developer along Rings Road. Ms. Clazke noted that the applicant agreed to these conditions. Chris Cline, attorney for the applicant stated that land planner Jim Houk is with him this evening to respond to questions. He clazified that the standazds being met aze those of Tuttle Crossing, not Perimeter. He then offered to respond to questions. There were no questions. There will be a third reading of the ordinance at the August 7 Council meeting. Mr. Hansley noted that staff is recommending that Ordinance No. 17-94 remain tabled at this time. Ordinance No. 21-95 (Amended) - An Ordinance Amending Ordinance No. 62-88 (Amended) to Update the Arterial Traffic Plan for the City of Dublin. (Tabled Ordinance) Mr. Foegler noted that staff is recommending that Ordinance No. 21-95, the Arterial Traffic Plan, be tabled until October 2, 1995. An issue was raised at the public heazing of this ordinance about the manner in which the proposed rights-of--way impact the property at Tuttle and Wilcox. Owners of that land have indicated a willingness to work with staff to resolve those issues by looking at some alternate development. Based upon this, staff requests Council table the ordinance until October 2, 1995. Mr. Zawaly moved that Ordinance No. 21-95 be tabled until October 2, 1995. Mrs. Stillwell seconded the motion. Vote on the motion - Mr. Strip, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mayor Campbell, yes; Mrs. Stillwell, yes. Ordinance No. 41-95 - An Ordinance to Amend Section 351.10 (Bus Stops and Taxicab Stands) ~ of the Codified Ordinances of the City of Dublin, Ohio. (Third Reading) Mr. Hansley noted that a memo was included in the packet responding to Council's questions about how this proposal would impact neighborhoods. Vote on the ordinance - Mr. Zawaly, yes; Mrs. Boring, yes; Mr. Kranstuber, yes; Mayor Campbell, yes; Mrs. Stillwell, yes; Mr. Strip, yes. I Ordinance No. 55-95 - An Ordinance Authorizing the Execution and Delivery of an Amendment ~ to the Real Estate Purchase Agreement Dated February 2, 1995, as Amended, Relating to the Purchase by the City of All or a Portion of the McKitrick Office Park, and Declaring an Emergency. (Third Reading) Mr. Foegler noted that this legislation was set up as a contingency in the event that the acquisition by Cazdinal of the McKitrick property did not take place. Since the project has closed in escrow, staff requests that Council table this action until the escrow closing date has passed which will have taken place by the August 7 meeting. At that time, assuming all has gone as planned, staff will request Council take action to defeat this ordinance. Mrs. Stillwell moved to table Ordinance No. 55-95 until August 7, 1995. Mr. Strip seconded the motion. Vote on the motion - Mr. Kranstuber, yes; Mr. Strip, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mrs. Stillwell, yes; Mayor Campbell, yes. Ordinance No. 45-95 - An Ordinance Authorizing the City Manager to Enter into a Cooperative Agreement with the City of Columbus for an Intersection Improvement at Frantz Road and Hayden Run Road. (Second Reading) Mrs. Stillwell commented that she convened a meeting last week of the affected residents from Hayden Run and from the comer of Old Dublin Road with Mr. Hansley, Mr. Kindra, and the RECORD OF PROCEEDINGS Minutes of Dublin Ciry Council Meeting Page 8 Meeting -N AL BLANK F R NO. 1 Held July 17, 1995 lg Columbus representatives. There are still a couple of issues pending on this application, and John Forgos, Hayden Run resident will address this matter. Tohn Foos 4350 Hayden Run Road stated that he also represents the other six residents affected by this project. He thanked Council for the work on obtaining the contribution of the stone retaining wall and the wrought iron fence. They have two outstanding issues: 1. They have not seen a final set of plans or proposal from the City of Columbus. They do not know for certain how much land will be taken for right-of--way, or what is happening with utilities or with landscape replacement. 2. Secondly, Columbus Southern Power intends to move the overhead power lines on the north side of Hayden Run closer to their properties which is unacceptable. Suddenly, Franklin County has become involved in this matter and the residents believe their bargaining position has been weakened. The residents aze asking that if practical and possible, Council delay their decision until the residents can find out what Columbus Southern proposes to do and what the Franklin County negotiator proposes to do in regard to the taking of the front property lines. Mr. Hansley pointed out that the only problem for Council is that the stone facade wall and wrought iron fence aze included in this same agreement. Staff may recommend tabling this legislation at the third reading to work out these issues. Discussion continued about the difficulty for the residents in obtaining accurate information about plans for the project, and the issues involved with relocating the power lines to the south side of Hayden Run where the falls are located. Mr. Hansley acknowledged that with Franklin County involved in the project, there is some question about whether this consent legislation from Dublin will be necessary. This would undermine any strong bargaining position of the Dublin residents in these matters. Mr. Strip suggested that Council hold this over for a third reading in the hope that there will be some resolution to these issues prior to that time. Mrs. Stillwell credited staff for their speedy response to the residents' concerns about the need for mounding and landscaping to ensure safety as well as aesthetic concerns. Roy Lovell. 4980 Dublin Road stated that he would like to discuss item number 3 (the sidewalk issue) of the Manager Memo sent to Council recently. Mr. Hansley responded that the sidewalk issue is related to the Hayden Run intersection ordinance since the agreement which is authorized by this ordinance addresses the right-of--way for the construction of the sidewalk. Mr. Lovell stated that the residents are opposed to the sidewalk because it will not be safe. It will take pedestrian traffic to the corner of Frantz and Hayden Run where there is a continuous right turn. Secondly, there is no pedestrian traffic generated in this azea. This is a waste of taxpayer's ~ dollazs. Mr. Kranstuber stated that he will provide a recommendation about Mr. Lovell's issues later this evening under the Public Services Committee report. There will be a third reading of Ordinance No. 45-95 at the August 7 meeting, with the possibility that the ordinance may be tabled at that time. Mayor Campbell noted that the next three items have been mazked as consent items: Ordinance Nos. 50-95, 51-95 and Resolution No. 13-95. Ordinance No. 50-95 - An Ordinance Establishing a Purchasing Preference for Products Made from Recycled Materials. (Second Reading) Ordinance No. 51-95 - An Ordinance Amending Certain Sections of Ordinance No. 23-93 ("Compensation Plan"), Creating a New Risk Management Specialist Position within the Division of Personnel and Purchasing, and Amending the Annual Appropriations for 1995. (Second Reading) Resolution No. 13-95 - A Resolution Directing the Franklin County Board of Elections to Place Ordinance No. 102-94 (Revised Northeast Quadrant PUD rezoning) on the November, 1995 Ballot Pursuant to the Referendum Petition Filed by the Electors. (Second Reading) i, RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 9 Meeting DAYTON LEGAL BLANK Held July 17, 1995 19 Mrs. Stillwell moved to waive the second reading of these three items, to treat them as consent items, and to hold them over for third reading at the August 7 Council meeting. Mr. Strip seconded the motion. Vote on the motion -Mrs. Boring, yes; Mr. Strip, yes; Mayor Campbell, yes; Mr. Zawaly, yes; Mr. Kranstuber, yes; Mrs. Stillwell, yes. Ordinance No. 59-95 - An Ordinance Authorizing the Execution and Delivery of an Economic Development Agreement Between the City of Dublin and Duke Realty Limited Partnership to Induce a Lease Between Duke Realty Limited Partnership and Nationwide Mutual Insurance Company and the Construction of an at Least 300,000 Square Feet of Office Space in Order to Increase Employment within the City, and Declaring an Emergency. (First Reading) Mrs. Stillwell introduced the ordinance. Mr. Foegler announced that due to the successful efforts of Duke Realty, a tentative lease arrangement has been entered into between Nationwide Insurance and Duke for occupancy of approximately 200,000 square feet of that new building. It is anticipated that this occupant will provide 800 jobs with an average salazy of $35,000. With this agreement, the City is offering a land writedown of $450,000 which is an integral pazt of the proposed lease negotiations between Duke and Nationwide. The agreement further provides that within 24 months from the time of the payment that the payback would be guazanteed or the City would be paid the difference. Staff believes this is an extremely good project for the City and reflects another strong partnership between the City and Duke Realty in terms of certain targeted developments. Staff strongly recommends adoption by emergency this evening. Emergency action is necessary to comply with the terms of the lease agreement. Don Hunter of Duke Realty is present to respond to any questions. Ms. Grigsby confirmed that the total income tax produced based upon the assumptions for employment would be approximately $560,000, of which the City would receive 65 percent and the schools would receive the other 35 percent under the revenue shazing agreement the City has with the schools. Mr. Strip commented that this is another great day for Dublin. In the last 45 days, much has been accomplished in terms of adding to the tax base for the schools and the income tax base for the City. Mr. Strip then moved to waive the three-time reading rule and treat this as emergency legislation. Mr. Zawaly seconded the motion. Mayor Campbell praised the efforts of Mr. Hunter and of staff in making these opportunities happen for the City. This economic development will solidify the financial health of the City for decades into the future. Vote on the motion - Mr. Zawaly, yes; Mrs. Boring, yes; Mrs. Stillwell, yes; Mr. Kranstuber, yes; Mayor Campbell, yes; Mr. Strip, yes. Vote on the ordinance - Mr. Kranstuber, yes; Mr. Strip, yes; Mayor Campbell, yes; Mr. Zawaly, yes; Mrs. Stillwell, yes; Mrs. Boring, yes. Don Hunter, Duke Realty noted that there was heated competition from other cities to secure the ~ regional and national consolidation offices for Nationwide Insurance. The accessibility of Dublin's i staff was a key factor in the decision to choose the Dublin site. He added that in the last five yeazs, Duke has invested over $100 million in the Tuttle Crossing area - an environment that is conducive for good business. He praised Dublin's staff members for their responsiveness and their personal commitment to this partnership effort. Ordinance No. 60-95 - An Ordinance Amending the Annual Appropriations for the Fiscal Year Ending December 31, 1995 for the Purpose of Complying with Provisions Included in the Economic Development Agreement with Duke Realty Limited Partnership, and Declaring an Emergency. (First Reading) Mr. Zawaly introduced the ordinance. Mr. Hansley stated that this ordinance appropriates the $450,000 write-down for the Duke project just discussed. Staff recommends adoption by emergency this evening. Mr. Zawaly moved to waive the three-time reading rule and treat this as emergency legislation. Mr. Strip seconded the motion. Vote on the motion - Mr. Kranstuber, yes; Mayor Campbell, yes; Mrs. Stillwell, yes; Mr. Strip, yes; Mr. Zawaly, yes; Mrs. Boring, yes. Vote on the Ordinance - Mr. Strip, yes; Mrs. Boring, yes; Mr. Kranstuber, yes; Mayor Campbell, yes; Mrs. Stillwell, yes; Mr. Zawaly, yes. RECORD OF PROCEEDINGS Minutes of Dublin Ciry Council Meeting Page 10 Meeting N L AL BLANK RM N 1 Helu July 17, 1995 19 Ordinance No. 61-95 - An Ordinance to Authorize the Purchase of a 1.2 Acre Tract Owned by Everett C. Blankenship Located on the East Side of Coffman Road in the City of Dublin, Appropriating Funds Therefor, and Declaring an Emergency. (First Reading) Mrs. Stillwell introduced the ordinance. Mr. Foegler stated that a memo was provided in the Council packet regazding this acquisition pursuant to the entire economic development package for the McKitrick property. The Law Department has successfully negotiated an acquisition of the Blankenship property based upon the appraised value. Staff recommends emergency action this evening to comply with the time frames for the CellulazOne construction and road construction. Mr. Smith added that the Ciry is under contract with Mr. Blankenship to purchase the tract at the appraised value and a closing date has been set. This will require Council to take emergency action tonight. Mr. Zawaly moved to waive the three-time reading rule and treat this as emergency legislation. Mr. Strip seconded the motion. Vote on the motion - Mr. Strip, yes; Mrs. Boring, yes; Mr. Zawaly, yes; Mr. Kranstuber, yes; Mayor Campbell, yes; Mrs. Stillwell, yes. Vote on the Ordinance - Mr. Strip, yes; Mrs. Boring, yes; Mr. Zawaly, yes; Mr. Kranstuber, yes; Mayor Campbell, yes; Mrs. Stillwell, yes. Mayor Campbell noted that Ordinance Nos. 62-95, 63-95, 65-95 and 69-95 have been marked as possible consent items. An audience member requested to speak on Ordinance No. 63-95 and Mr. Zawaly noted that he will speak to Ordinance 65-95. Mr. Strip moved to treat Ordinance Nos. 62-95 and 69-95 as consent items, to introduce them, waive the first reading, and hold them over for second reading on August 7, 1995. Mr. Zawaly seconded the motion. Vote on the motion -Mrs. Stillwell, yes; Mr. Kranstuber, yes; Mr. Strip, yes; Mrs. Boring, yes; Mr. Zawaly, yes; Mayor Campbell, yes. Ordinance No. 62-95 - An Ordinance Adopting the City's Five-Year Capital Improvements Plan, 1996 - 2000. (First Reading) Ordinance No. 69-95 - An Ordinance Authorizing the Regulation of Traffic on Muirfield Drive and Other Roads in Muirfield Village During the Wendy's Three Tour Challenge, and Declaring an Emergency. (First Reading) Ordinance No. 63-95 - An Ordinance Providing for a Change in Zoning of 114.89 Acres of Land Located Along the West Side of I-270, Immediately North of Rings Road, and Including a Small Parcel Located on the Southwest Corner of Rings Road and Britton Parkway, from: ~ R, Rural District and R-lA, Restricted Suburban Residential District to: PCD, Planned Commerce District. (Thomas and Kohler Properties on Rings Road) (First Reading) (Applicant: The Edwazds Company, c/o Smith & Hale, Jackson B. Reynolds III, 37 W. Broad Street, Suite 725, Columbus, OH 43215) Mr. Strip introduced the ordinance. ~ Ms. Clazke stated that there is an error in the title of this ordinance as the property on the south side of Rings is already zoned as SO, Suburban Office and Institutional District. At some point, then, it will have to be amended. She noted that this proposal is for commercial, most of which would j! be office development. Staff has been working with the developer on road alignments. Staff recommends referral to Planning and Zoning Commission. Tom Currv. 5927 Rin sg_Road commented that the residents have concerns about the east-west traffic flow along Rings Road. He wants Council to consider these concerns in the C1P hearings and with these road alignments. Mr. Foegler responded that these precise issues will be considered during the rezoning process. Regazding the east-west movement, two projects aze being actively discussed at this time: 1) the Ciry contribution of the deck replacement of the Rings Road overpass on I-270 where the City would pay the incremental costs of widening it to a three-lane facility with bike path and sidewalk; and 2) staff has been working with the county engineer on the bridge crossing of the stream on Rings Road just west of its intersection with Blazer to improve this to a three-lane facility with bike path and sidewalk crossing as well. Mr. Zawaly moved to refer the ordinance to Planning and Zoning Commission. Mr. Strip seconded the motion. Vote on the motion -Mayor Campbell, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mrs. Stillwell, yes; Mr. Kranstuber, yes; Mr. Strip, yes. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 11 Meeting pAYTON LEGAL BLANK Held July 17, 1995 19 Ordinance No. 64-95 - An Ordinance Repealing and Replacing Chapter 1313, Flood Control, of the Dublin Codified Ordinances Regulating Areas of Special Flood Hazard, and Declaring an Emergency. (First Reading) Mr. Strip introduced the ordinance. Mr. Hansley stated that a detailed memo regazding this ordinance was included in the packet. Mr. Foegler stated that the Ciry Engineer has asked Assistant City Engineer Chuck Petry to be present this evening to respond to any questions. Mr. Kindra commented that the changes proposed have been requested by ODNR and FEMA, and new flood maps are to be adopted by August 2, 1995 per their direction. Mr. Foegler added that in order for the City to maintain eligibility in the national flood insurance program and in order that affected properties can take advantage of the subsidized flood insurance, this legislation must be in effect by the first week of August. Thus staff is requesting adoption by emergency this evening. Discussion followed, initiated by Mrs. Boring, about the need for emergency action regazding such complex legislation. The possibility of further discussion of this ordinance at an upcoming Special meeting was also proposed. Mr. Strip commented that Council must approve this legislation or the City will lose eligibility for the national flood insurance program. He does not want to substitute his judgment for the expertise of staff and the legal department who have brought this to Council. He agreed that he would have preferred more lead time for review. Mr. Foegler commented that there aze no new policies embodied in the legislation, but rather it brings definitions and regulations in compliance with the latest federal regulations. Staff had delayed bringing the legislation to Council until both the engineering and legal reviews were complete, and this resulted in some delay. Mr. Zawaly moved to waive the three-time reading rule and treat this as emergency legislation. Mr. Strip seconded the motion. Vote on the motion -Mrs. Stillwell, yes; Mr. Kranstuber, yes; Mr. Strip, yes; Mrs. Boring, yes; Mayor Campbell, yes; Mr. Zawaly, yes. Vote on the Ordinance - Mr. Kranstuber, yes; Mayor Campbell, yes; Mrs. Boring, yes; Mr. Zawaly, yes; Mr. Strip, yes; Mrs. Stillwell, yes. Ordinance No. 65-95 - An Ordinance Providing for the Submission to the Electorate of the Amended Charter of the City of Dublin. (First Reading) ~ Mr. Zawaly introduced the ordinance as revised and handed out this evening. He noted that, based upon an informal survey of Council regarding placement of the Charter amendments on the ballot for November or for the primary election to be held on Mazch 19, 1996, he is recommending that the Mazch date be selected. He noted that the Law Department has recommended that the Charter amendments become effective on June 1, 1996 to allow time for review of several impacted ordinances. Thus the Mazch timing of the election will not impact the previously proposed effective date of the Charter amendments. Mr. Zawaly then moved to table the second reading of this ordinance until November 6, 1995. Mr. Strip seconded the motion. Vote on the motion -Mayor Campbell, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mr. Kranstuber, yes; Mr. Strip, yes; Mrs. Stillwell, yes. Mayor Campbell asked that Mr. Zawaly convey Council's thanks to the Commission members for their hazd work in keeping this process on track. Ordinance No. 66-95 - An Ordinance Authorizing the City Manager to Execute an Agreement with the City of Columbus for Construction and Maintenance of the Upper Scioto West Branch Interceptor, and Declaring an Emergency. (First Reading) Mr. Kranstuber introduced the ordinance. Mr. Foegler stated that when the water and sewer services agreements were approved with Columbus, reference was made within the sewer agreement that a West Branch Interceptor agreement addressing cost shazing of maintenance and construction of that facility would be provided for. The agreement before Council tonight specifies and incorporates the contribution towazd the West Branch that Columbus provided for in the sanitary sewer agreement. It provides for the logistics for construction and for long-term maintenance of those facilities. He noted that there aze some minor legal issues subject to modification in the attached agreement, however none of the II RECORD OF PROCEEDINGS Minutes of Dublin Ciry Council Meeting Page 12 Meeting AL B NK O. R N 1 1 Held July 17, 1995 19 issues aze substantive. Staff is recommending emergency action in view of the fact that the Ohio EPA will not recommend approval of the low interest loan until this agreement is adopted. The loan rates are subject to change which could result in higher costs for the project. Therefore, staff would recommend adoption by emergency this evening so that the loan application can be brought to the State boazd on July 27. Mr. Smith added that the agreement does not change any of the terms or policy decisions previously made by Council. Mrs. Stillwell moved to waive the three-time reading rule and treat this as emergency legislation. Mr. Zawaly seconded the motion. Vote on the motion - Mr. Kranstuber, yes; Mayor Campbell, yes; Mrs. Stillwell, yes; Mr. Strip, yes; Mr. Zawaly, yes; Mrs. Boring, yes. Vote on the ordinance - Mr. Zawaly, yes; Mr. Kranstuber, yes; Mrs. Boring, yes; Mayor Campbell, yes; Mrs. Stillwell, yes; Mr. Strip, yes. Ordinance No. 67-95 - An Ordinance Authorizing the City Manager to Enter into a Lease for the Property Located at 27-29 S. Nigh Street. (First Reading) Mr. Zawaly introduced the ordinance. Mr. Foegler described the background on the proposed lease agreement with a neighborhood Irish pub to be located in Old Dublin in this Ciry~wned property. This user has worked closely with the Old Dublin Association and the City to bring this project forwazd. He noted that there aze no lease payments in the short term under the agreement since this tenant will have to make massive investments in the building to bring it up to Code. The overall $60,000 of improvements to the building will be permanent improvements to the City property regazdless of the success of this venture. Staff will be prepared to address more specifics at the time of second reading. Mr. Strip requested information be provided at the second reading about the amount of insurance being carried, including an umbrella policy in view of the fact that liquor will be served and the City is the landlord. Mr. Smith responded that those issues will be addressed in the memo to be provided. There will be a second reading of the ordinance at the August 7 Council meeting. Ordinance No. 68-95 - An Ordinance Authorizing the Purchase of Mosquito Spray Without Formal Advertising and Competitive Bidding, and Declaring an Emergency. (Frst Reading) Mrs. Stillwell introduced the ordinance. Mr. Hansley stated that a detailed memo was contained in the packet regazding this ordinance. Mr. Hazding added that due to the lazger than expected mosquito population this season, additional ~ quantities of spray aze needed. In order to proceed with this purchase which is estimated at $10,000 to $20,000, Council must waive the formal bidding and advertising procedures. Mr. Strip moved to waive the three-time reading rule and treat this as emergency legislation. Mr. Zawaly seconded the motion. Mr. Harding responded to Mrs. Stillwell's question about funds for this purchase, stating that it will ~ be funded with a transfer of funds within the Division of Maintenance. Supplemental appropriations could be necessary at the end of the year depending upon the quotes for the product. Vote on the motion -Mrs. Stillwell, yes; Mr. Kranstuber, yes; Mr. Strip, yes; Mrs. Boring, yes; Mayor Campbell, yes; Mr. Zawaly, yes. Vote on the ordinance -Mayor Campbell, yes; Mrs. Stillwell, yes; Mr. Zawaly, yes, Mr. Kranstuber, yes, Mr. Strip, yes, Mrs. Boring, yes. Resolution No. 15-95 - A Resolution of Intent to Appropriate a Fee Simple Interest and A Temporary Construction Easement in a 27.778 Acre Tract Owned by Deborah J. McCullough, located on the East Side of State Route 257, in the City of Dublin, State of Ohio, and Declaring an Emergency. (First Reading) Mrs. Stillwell introduced the resolution. Mr. Smith explained that this resolution and the five which follow will give the Ciry the authority to appropriate temporary easements for the construction of the intersection improvements at Route 257 and Hazd Road. All of the properties have been appraised and discussions aze ongoing with the property owners. He then explained the appropriation process in detail and commented on the extent of the involvement by City Council in the actual setting of the amount to be paid. He added that staff is requesting emergency action in order to enter the properties. Mr. Zawaly moved to waive the three-time reading rule and treat this as emergency legislation. Mrs. Stillwell seconded the motion. Vote on the motion -Mrs. Stillwell, yes; Mr. Kranstuber, yes; Mr. Zawaly, yes; Mrs. Boring, yes; RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 13 Meeting o~vr N ~ Held July 17, 1995 19 Mr. Strip, yes; Mayor Campbell, yes. Vote on the Resolution - Mr. Strip, yes; Mayor Campbell, yes; Mr. Zawaly, yes; Mrs. Stillwell, yes; Mr. Kranstuber, yes; Mrs. Boring, yes. Resolution No. 16-95 - A Resolution of Intent to Appropriate a Fee Simple Interest and a Temporary Construction Easement in a 27.778 Acre Tract owned by College Properties of Northern Ohio, Inc., Located on the East Side of State Route 257, in the City of Dublin, State of Ohio, and Declaring an Emergency. (First Reading) Mrs. Stillwell introduced the resolution. Mr. Zawaly moved to waive the three-time reading rule and treat this as emergency legislation. Mr. Strip seconded the motion. Vote on the motion -Mrs. Stillwell, yes; Mayor Campbell, yes; Mrs. Boring, yes; Mr. Kranstuber, yes; Mr. Zawaly, Yes; Mr. Strip, yes. Vote on the Resolution - Mr. Strip, yes; Mrs. Stillwell, yes; Mayor Campbell, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mr. Kranstuber, yes. Resolution No. 17-95 - A Resolution of Intent to Appropriate a Fee Simple Interest and a Temporary Construction Easement in a .581 Acre Tract owned by Harold E. Bickel, Located on the East Side of State Route 257, in the City of Dublin, State of Ohio, and Declaring an Emergency. (First Reading) Mr. Zawaly introduced the resolution. Mrs. Stillwell moved to waive the three-time reading rule and treat this as emergency legislation. Mr. Zawaly seconded the motion. Vote on the motion - Mr. Kranstuber, yes; Mayor Campbell, yes; Mrs. Stillwell, yes; Mr. Strip, yes; Mr. Zawaly, yes; Mrs. Boring, yes. Vote on the Resolution - Mr. Zawaly, yes; Mr. Kranstuber, yes; Mrs. Stillwell, yes; Mrs. Boring, yes; Mr. Strip, yes; Mayor Campbell, yes. Resolution No. 18-95 - A Resolution of Intent to Appropriate a Fee Simple Interest and a Temporary Construction Easement in a .635 Acre Tract owned by John and Roopande Dirrig, Located on the East Side of State Route 257, in the City of Dublin, State of Ohio, and Declaring an Emergency. (First Reading) Mr. Zawaly introduced the resolution. Mrs. Stillwell moved to waive the three-time reading rule and treat this as emergency legislation. Mr. Strip seconded the motion. Vote on the motion -Mrs. Boring, yes; Mr. Zawaly, yes; Mr. Kranstuber, yes; Mayor Campbell, yes; Mrs. Stillwell, yes; Mr. Strip, yes. i John Dirrig, property owner asked about the projected date to start construction if the quick take proceeding goes as planned. Mr. Kindra stated that after the right-of--way has been acquired, construction will begin within 4 to 6 weeks. Vote on the Resolution -Mrs. Boring, yes; Mr. Strip, yes; Mrs. Stillwell, yes; Mr. Zawaly, yes; j Mayor Campbell, yes; Mr. Kranstuber, yes. i Resolution No. 19-95 - A Resolution of Intent to Appropriate a Fee Simple Interest and a Temporary Construction Easement in a 18.662 Acre Tract owned by Kenneth V. and Nancy Henceroth-Gatto, Located on the East Side of State Route 257, in the City of Dublin, State of Ohio, and Declaring an Emergency. (First Reading) Mr. Zawaly introduced the resolution. Mr. Strip moved to waive the three-time reading rule and treat this as emergency legislation. Mr. Kranstuber seconded the motion. Vote on the motion -Mrs. Stillwell, yes; Mr. Kranstuber, yes; Mayor Campbell, yes; Mr. Zawaly, yes; Mr. Strip, Yes. Vote on the Resolution -Mayor Campbell, yes; Mr. Zawaly, yes; Mrs. Stillwell, yes; Mr. Kranstuber, yes; Mr. Strip, yes. Resolution No. 20-95 - A Resolution of Intent to Appropriate a Fee Simple Interest and a Temporary Construction Easement in a 15.43 Acre Tract owned by Carol L. Schlotterer, Located on the East Side of State Route 257, in the City of Dublin, State of Ohio, and Declaring an Emergency. (First Reading) Mr. Zawaly introduced the resolution. Mrs. Stillwell moved to waive the three-time reading rule and treat this as emergency legislation. Mr. Strip seconded the motion. I RECORD OF PROCEEDINGS Dublin City Council Meeting Page 14 Minutes of Meeting DAYTON LEGAL BLANK CO., FORM NO. 1 i Held July 17, 1995 19 Vote on the motion - Mr. Kranstuber, yes; Mr. Strip, yes; Mr. Zawaly, yes; Mrs. Stillwell, yes; Mayor Campbell, yes. Vote on the Resolution - Mr. Strip, yes; Mr. Kranstuber, yes; Mayor Campbell, yes; Mrs. Stillwell, yes; Mr. Zawaly, yes. Other Motion of Clarification Regarding Brighton Park Rezoning Text Pertaining to Fence Restrictions Mrs. Stillwell stated that about 6 weeks ago, a motion was introduced into the record regazding this clazification with the proviso that the Brighton Pazk residents be invited to testify about the proposed action. The Brighton Pazk text is to be clarified to reflect what is in the Indian Run Meadows subdivision text with regazd to fencing. The Indian Run Meadows text provided that fences would be split rail and that no stockade or other solid fences would be permitted. Two residents aze here to testify this evening. Mike Baker. 5551 Barney Drive stated that he attends many of the Council and Commission meetings for the Ciry and he would support allowing the split rail type fences only. If there aze to be fences in the subdivision, he would prefer that they be uniform. If Council's intent at the time of rezoning was to allow only split rail, this should be clazified. Martha Lewbel. 5692 Richgrove Lane stated that when they moved to the development, they asked the developer if they could install a privacy stockade fence or trees to screen their property from traffic along Rings Road. They were told that this would be fine. Because of a power line easement in their back yazd, they cannot plant trees. They back up to a chain link fence which is not attractive. They had read the deed restrictions and checked with the developer prior to installing their stockade fence. Not allowing this fence would de-value their property because the lot is very short and cannot accommodate a deck. They believe some exceptions aze warranted for lots that face out of the development so that they can have some privacy. Tony Devito. 5567 Barney Drive stated that they had checked with the developer and the Planning Department regazding installation of privacy fences prior to purchasing their lot. Two months ago when they applied for a fence permit, they were informed that privacy fences aze not permitted in their development. He believes the solution is to restrict the type of privacy fence permitted to one type which will maintain the look of continuity throughout the development. He has a lazge dog and wants the privacy fence to protect the children in the area. In response to Mayor Campbell, Mr. Smith gave brief background on this matter. He stated that Council's intent at the time of rezoning was that the fencing requirements match specifically those of the Indian Run Meadows text. The developer was asked that question at the rezoning hearing and agreed that the fences would match those in the Indian Run Meadows text. Somehow this matter was not made a part of the record, however, and was not included as a zoning condition. Discussion followed about the expectations of the residents who were told that privacy fences were permitted and the expectations of the residents who understood that the text would be identical in fence restrictions as those of Indian Run Meadows subdivision. Chazlie Ruma. developer stated that he made no commitment at the time of rezoning that the fences were to be identical to those of Indian Run Meadows. What was stated was that they would be brick, stone, wood or wrought iron and that pillazs and shrubs would be included along the Wilcox Road side. As faz as he is concerned, privacy fencing is allowed. He is certain that he never agreed to split rail fencing only for the subdivision. Mr. Foegler stated that what was reflected in the minutes was a motion by Council with a condition that covenants and restrictions be established to restrict the fencing in the same manner as is restricted in Indian Run Meadows. Perhaps the developer did not understand precisely what those restrictions were in Indian Run Meadows. Those covenants and restrictions were never incorporated as part of the plat and were appazently missed during the staff review. In discussing this matter with Council members present at that time, the intent was that the same condition be imposed regarding fence restrictions as were in place for Indian Run Meadows where it was part of the zoning text. If there is not consensus among Council that this was the clear intent of the rezoning action at that time, then this action before Council tonight should not be taken. He added that a function of the Boazd of Zoning Appeals is to interpret questions of intent with regazd to zonings that have come before Council. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 15 Meeting DAYTON I.EGAI. B K Held July 17, 1995 19 Mayor Campbell suggested that the minutes and tapes be reviewed and that information provided to Council. Ms. Clarke stated that the condition of approval as passed by Council was that deed restrictions would be imposed to mimic the fence restrictions in Indian Run Meadow. No deed restrictions were ever enacted. This rezoning took place in Mazch of 1991. Mr. Strip commented that review of the record is needed prior to making this decision. He believes an effective date of any clazification should be 30, 60 or 90 days out to be fair to those who relied upon information they had been given. Mr. Smith emphasized that this issue was raised by two Council members because of a case brought before the Boazd of Zoning Appeals. After reviewing the record, it was determined that the deed restrictions were appazently not on the plat. Staff will compile the record for this rezoning and bring it back on the August 7 agenda. Mr. Strip moved to table this item until August 7. Mrs. Stillwell seconded the motion. Vote on the motion -Mrs. Stillwell, yes; Mayor Campbell, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mr. Kranstuber, yes; Mr. Strip, yes. Partial Detention Exemption for Wedgewood Hills (Applicant: Wm. J. Denk, Boston Development Co., 1152 Goodale Blvd., Columbus, OH 43212) Mr. Kindra stated that this request has been made by the developer in order to save a lazge number of trees. Staff believes that the request is reasonable and that the changes aze minimal. Staff therefore recommends approval of this request. Bill Denk. Boston Development Company stated that they aze developing the property with Chazlie Ruma. Prior to the detailed engineering design, they were not awaze of the locations for the detention basins. Now it has been determined that many trees will be adversely impacted by the location. The two detention basins which they aze concerned about aze in very nice ravine areas. The difference in the velocity and flow of water is minimal, and the aim here is to save the trees. Randy Roth. 6983 Grandee Cliffs testified that the East Dublin Civic Association has not discussed this matter. They have no formal position at this time, but those who have spoken.with Mr. Kindra have agreed that saving trees is an important consideration. Mr. Strip pointed out that there is a financial benefit to the developer in not having to build two i detention ponds. Mr. Smith stated that the public improvements will be bonded, and this will be included in that bond. Mr. Ruma stated that they will put up a maintenance type bond. Mr. Zawaly noted that if the developer will obtain an economic benefit from this, the City should share in that benefit. j Mr. Ruma stated that it is his land, his risk, his trees and the Ciry should not share this benefit. He is perfectly willing to install the detention basin if that is what Council wants. In the interest of saving trees, however, he is making this proposal. He has already partnered with the City in donating 50 percent more pazkland than was required. Mr. Foegler suggested a bonding provision with the waiver for perhaps atwo-yeaz period. Mr. Ruma agreed to a two-yeaz period after the completion of the subdivision improvements. Mr. Kranstuber moved to approve the detention waiver subject to the bond for atwo-year period of time after completion of the subdivision improvements. Mr. Strip seconded the motion. Vote on the motion -Mrs. Stillwell, yes; Mr. Strip, yes; Mr. Zawaly, no; Mr. Kranstuber, yes; Mayor Campbell, yes; Mrs. Boring, abstain. (Motion cazried) Discussion re Request by Washington Township Trustees for Acceatance of Hewitt Place as a Public Street Preliminary Plat -Wilcox Place (Applicant: Gordon F. Scherer, c/o Luis G. Weil, agent, P.O. Box 370, Dublin, OH 43017) RECORD OF PROCEEDINGS Minutes of Dublin Ciry Council Meeting Page 16 Meeting E AL BLANK CO. FORM NO. 7014 Held July 17, 1995 19 Mayor Campbell stated that it is his understanding is that these items aze related and therefore they can be discussed at the same time. Mr. Hansley asked Ms. Clarke to address the preliminary plat and the public street issue. Ms. Clazke stated that this plat involves 20 acres located at the southwest comer of Shier Rings Road and Wilcox Road. It is zoned Restricted Industrial District. An application came before the Planning Commission In June which would have created a cul-de-sac that would enter the property from Wilcox Road and also dedicate Hewitt Place as a public street. Hewitt Place is a street that currently provides service to Washington Township Fire Department on Shier Rings Road. No other property currently uses that road for access. It is essential that that in some form be maintained for the function of the Fire Department. The application for Wilcox Place was approved by the Planning Commission after discussion with the applicant on the condition that the Hewitt Place portion of the application be withdrawn from consideration. The copy of the plat before Council has a hand written note stating that Hewitt Place ~ is actually not part of the Wilcox Place preliminary plat. She noted that Hewitt Place was built a decade ago or more to public street standazds. It was determined at a later date that the street was never dedicated, although Dublin has maintained the street, plowed it, etc. The plat calls for the creation of 10 industrial lots that vary between 1-1/2 to 3 acres in size. There were 8 conditions of approval: 1. That the plan is amended to include right-of--way for Wilcox Road consistent with the adopted southwest azea plan which is 35 feet from centerline. 2. That street trees and either sidewalk or bikepath be installed on both sides of any interior streets and one side of a perimeter street. 3. That shared access point with associated easements be established on the plat for lots one and ten, lots two and three, lots three and four on the exterior streets. 4. That left turn stacking lane and street lighting be provided at the entrance from Wilcox Road. 5. That the name of Terry Court be changed by submission of three alternatives to the city in order to cause less confusion in an emergency circumstance. 6. That public sanitary sewer be extended to the south boundary of the site sized to serve the acreage between the site and the northern boundazy of Heather Glen Section 3. 7. That storm water management be provided focused toward centralized detention for all pazcels within this development. 8. That special flood hazazd azea development permit and conditional letter of map revision based on fill and letter of map revision to be obtained according to the process outlined in ~ the staff report and as approved by the appropriate responsible agencies. She added that the engineering staff had specifically requested consolidation of curb cuts on Hewitt Place, but then Hewitt Place was removed from the discussion. Another request was for some type of a tumazound at the end of the street, probably a hammerhead tumazound. i Ms. Clazke agreed that because the plat no longer includes Hewitt Place, that sepazate actions would ~ be appropriate on these matters. Mr. Zawaly recommended that the plat be addressed first. He then moved to accept the preliminary plat application of Wilcox Place with the conditions recommended by Planning & Zoning Commission. Mr. Strip seconded the motion. Ms. Clazke added that if in the next discussion Hewitt Place becomes a public street, the land in this subdivision would then have access to it, would be serviced by it, and the engineering staff would have the same concerns as mentioned at the Planning Commission in June. Lou Weil. Dublin Building Systems, representing the applicant, stated he and the property owner, Gordon Scherer accept all of the conditions of the Planning Commission and will be happy to respond to questions. Gordon Scherer stated that if Hewitt Place becomes a public street and staff wants a curb cut off of Hewitt, they will be happy to make that change. They are willing to work with staff whichever way this turns out. Discussion followed about the language of condition #3, indicating one access point coordinated with II RECORD OF PROCEEDINGS Minutes of Dublin Ciry Council Meeting Page 17 Meetin DAYT N LEGAL BLANK CO. FORM NO. 1014 Held July 17, 1995 19 the fire department access be permitted on Hewitt Place. Mr. Zawaly noted that the question was raised at the Planning Commission about the wisdom of making what has served as a driveway to the township fire facility a dedicated public street. It was the Commission's understanding that the road would be deeded over to Washington Township and they would then work out this matter. It would remain a private road and not the subject of this preliminary plat. This is a resurrection of the whole public street matter. Mr. Scherer stated that he believes it is Washington township's desire to have Hewitt Place a public street. He is willing to accept the outcome either way. At this time, he owns the private street. All he is requesting tonight is approval of the preliminary plat. Washington Township is bringing up the Hewitt Place matter. Mr. Smith stated that it is his understanding that Mr. Scherer's arrangement with Washington Township regarding use of this private road will end if the plat is approved. Washington Township will end up owning Hewitt Place. He was under the impression that Mr. Scherer had an arrangement with Washington Township whereby half of the road will be given to them and half of the road will be purchased so that the township would own the entire street. Mr. Scherer confirmed that this offer has been made to the township but not accepted. Mr. Smith emphasized that only the owner of the street can bring an application to take a private street public. In this case, Mr. Scherer owns the street and would have to bring the request to Council. Mr. Kranstuber pointed out that it would not be in the public's best interest to have a private street leading to a fire house. Discussion followed. Mayor Campbell called the question on the plat. Vote on the motion -Mrs. Stillwell, yes; Mr. Kranstuber, yes; Mr. Strip, yes; Mrs. Boring, yes; Mayor Campbell, yes; Mr. Zawaly, yes. Mayor Campbell asked the Law Duector how Council should proceed with the Hewitt Place matter. Mr. Smith stated that Mr. Scherer as the property owner is the only party who could request that the street be made public at this time. The township does not own the property. Mr. Smith stated that he will advise the township of this discussion. Their attorney can decide how they want to proceed. ~ In regard to another matter involving a private to public street conversion, Mayor Campbell noted that staff is working on the compiling the cost figures for Caplestone Lane conversion. Randy Banks, representing the residents, will be advised of the numbers when they are prepared. Hotel/Motel Tax Grant Recommendations Mr. Strip, Chairman, Finance Committee, summarized their recommendations: ii Sharon Mennonite Church - $1,000; Dublin Art League - $750, and they have been advised to work under the umbrella of the Arts Council in the future; denial of funding for Premiere Playhouse in Columbus; $3,000 in Ciry services and sanitation for the Firefighters Softball Tournament; $4,400 as a one-time entry feature landscaping request by the Ciry of Dublin; deny the request for funding of landscaping at the 270/33/161 interchange which totalled $600,000. Mr. Strip moved approval of the recommendations of the Committee. Mr. Kranstuber seconded the motion. Vote on the motion -Mrs. Stillwell, yes; Mayor Campbell, yes; Mrs. Boring, yes; Mr. Zawaly, yes; Mr. Kranstuber, yes; Mr. Strip, yes. Council Committee Reports Mr. Kranstuber, Public Services Committee reported regarding the Roy Lovell and Mrs. Sharrock issues with the deep tunnel sewer project. He noted that the biggest issue was determined to be elimination of the escape road through the mound. The Committee met with Columbus representatives, Dublin staff and the residents and recommend the following: 1. That the Ciry of Dublin continue to urge that the Ciry of Columbus eliminate the "escape" road through the mound. However, the Committee recognizes that Columbus is very firm in their position and it is highly unlikely that this road will be eliminated. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 18 Meeting DAYTON LEGAL BLANK CO. FORM NO. 1014 Held July 17, 1995 19 2. That to minimize the negative impact of the "escape" road, Dublin construct a mound on the Sharrock property at an estimated cost of $8,200. 3. That the sidewalk be eliminated either through negotiation with Columbus or waiver by Dublin Ciry Council, depending upon what jurisdiction is appropriate. 4. That some additional curbing west of the mound be added either by Columbus or Dublin. Roy Lovell addressed Council, and noted that he is in agreement with the Public Service Committee recommendations. Mrs. Sharrock indicated that she agrees as well. He suggested that the second sentence in the first recommendation be eliminated. Mr. Kranstuber agreed. Mrs. Stillwell moved to approve the recommendations of the Public Services Committee with the elimination of the second sentence in the first recommendation. Mr. Kranstuber seconded the motion. Vote on the motion - Mr. Strip, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mr. Kranstuber, yes; Mayor Campbell, yes; Mrs. Stillwell, yes. Mayor Campbell assured Mr. Lovell and Mrs. Sharrock that the Ciry will continue to do everything possible to mitigate the impact of this important project upon the residents. Mr. Kranstuber reported that the Service Committee will meet on Wednesday, July 19 at 6:30 p.m. for a Community Recreation Center update and to discuss the Muirfield maintenance agreement. Mrs. Stillwell, Administrative Committee reported that they met 10 days ago and began the review of the Council Rules of Order. They plan to overlay the existing and/or the new Charter recommendations to make sure that everything fits together. The next meeting of the Committee is set for Wednesday, July 26 at 7:30 a.m. Mr. Zawaly, Charter Review and Revision Commission suggested that, based upon the change of schedule for the Charter process, he would recommend that the scheduled review session with Council on July 24 be cancelled. Following. discussion, it was the consensus of Council to have the session with MORPC at 7 p.m. on July 24, and to have the workshop session on the C]P on Monday, July 31. The public hearing on the CIP will be August 7, with the third reading on August 21. Mayor Campbell stated that a brief executive session has been requested to discuss a legal matter. Mrs. Stillwell moved to adjourn to executive session for this purpose. i Mr. Kranstuber seconded the motion. Vote on the motion - Mr. Kranstuber, yes; Mr. Strip, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mrs. Stillwell, yes; Mayor Campbell, yes. Mayor Campbell announced that the meeting will not be reconvened following the executive session. The meeting was adjourned to executive session at 11:45 p.m. li Mayor - Pr di i er Clerk of Council II