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HomeMy WebLinkAbout06/20/1994 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting DAYTON LEGAL BLANK O., F R Held June 20, 1994 19 The regulazly scheduled meeting of the Dublin City Council was called to order by Mayor Joel Campbell at 7:30 p.m. on Monday, June 20, 1994. Mr. Strip led the Pledge of Allegiance. Members of Council present for roll call were: Mrs. Stillwell, Mr. Zawaly, Mayor Campbell, Mr. - Strip, Mrs. King, and Mrs. Boring. Mr. Kranstuber was absent (excused). Staff members present included Mr. Hansley, Mr. Foegler, Mr. Smith, Ms. Grigsby, Mr. Hazding, Ms. Clazke, Mr. Papsidero, Ms. Jordan, Chief Ferrell, Mr. Kindra, Mr. McDaniel, and Ms. Crandall. Mayor Campbell presented a proclamation to Janet Jordan declaring the month of July, 1994 as "Recreation and Pazks Month" in the City of Dublin. Ms. Jordan thanked Council and the public for their support of the programs and recognized staff members present. She then presented Council members with Explorers Day Camp tee shirts. Approval of Minutes of Tune 6. 1994 Meeting Mrs. Stillwell moved approval of the minutes of June 6. Mrs. King seconded the motion. Vote on the motion - Mayor Campbell, yes; Mrs. King, yes; Mr. Strip, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mrs. Stillwell, yes. Corresuondence The clerk reported that there was a Notice to Legislative Authority for a new D-5 liquor permit for Continental Sawmill, Inc. at 6711 Dublin Center Drive. Mr. Nate Gordon, the attorney representing Continental Sawmill, Inc. offered to answer any questions from Council. There were no objections from Council members to issuance of the permit. ~ Comments from Visitors Catherin Headlee, 7340 Brand Road expressed concern about the dangerous conditions for bikers, joggers and walkers along Brand Road where there is no berm in azeas with steep drop-offs. She had been told four yeazs ago that this would be repaired. Mr. Hansley stated that staff will check on this matter and advise Council at the next meeting. Legislation Ordinance No. 46-93 - An Ordinance Providing for a Change of Zoning of 33.398 Acres, Located Between Perimeter Drive and Perimeter Loop Road to be Rezoned from: PCD, Planned Commerce District to: PCD, Planned Commerce District. (Perimeter Mall) (Public Heazing) (Applicant: Muirfield Drive Partners, Continental Real Estate Interests/Pazk Development Company, c/o Jeffrey L. Brown, Attorney, 37 West Broad Street, Suite 725, Columbus, OH 43215) Registered as proponents were: Ben Hale, 37 W. Broad Street, Columbus; Joseph Sullivan, 22 N. Fourth Street, Columbus; Jack Chaisson, 5645 Whitecraigs Court, Dublin; Stephen Breech, 770 W. Goodale, Columbus; Frank Kass, 267 N. Pazkview, Bexley; and John McDonald, 6520 Perimeter Loop, Dublin. Ben Hale, representing the McKitrick family, the current owners of the property and Continental Real Estate developers provided background on the rezoning. The original concept for rezoning of this site contemplated a mall with a Big Bear included. The mall was to be about 300,000 squaze feet. The mall had been approved, azchitectural designs were completed, and $4,000,000 of infrastructure had been installed when the EPA sewer ban was imposed in Dublin. The developer ~ then lost his financing for the mall. Since that time, Continental Real Estate developers have been brought into the project. The project has been redesigned three times in response to staff's requests. , Area civic associations have been brought into the process and support the proposal. The developers aze very proud of the proposal being brought before Council tonight. Joe Sullivan of Sullivan. Grav Architects 23 N 4th Street stated that their goal was to develop a center that did not have a typical strip center image. They wanted to have more of a pedestrian scale, public place with a residential chazacter, without compromising the goals of a retail center. Mr. Sullivan is proposing an entry feature of a fountain. A hedgerow will surround the entire center with stone piers with 50 foot spacing to shield the pazking azea. The style will be a village look with panelled doors, bays, bowed azeas, adding a sense of texture and scale. Signage will be raised gold letters with dazk background with external illumination to provide a Williamsburg texture. Materials of stone, brick, stucco, and wood detail will add chazacter. Mr. Sullivanbelieves this high quality project will be a strong asset to Dublin. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 2 Meeting DAYTON LEGAL BLANK Held June 20, 1994 19 Jack Chaisson. 5645 Whitecraigs Court stated that he represents the Board of Trustees of the Muirfield Village Civic Association. The Boazd supports the concept of an upscale center at this location. It will help to alleviate traffic problems on Bridge Street and on Sawmill Road. Mr. r~ Chaisson also represents the Dublin Chamber of Commerce Economic Development Committee, and the Committee strongly endorses this project. Steven Breech. Vice President of Real Estate for Big Beaz Stores, stated that Big Bear has been committed to the project since eazly 1987. Big Bear believes the Continental group and their azchitects will build a first class project. Big Bear is prepared to move ahead with this project now, and believes it will be a flagship store - a store that will be the premiere place to buy groceries in Central Ohio. ~ Frank Kass, Continental Real Estate described the site plan and the challenges met in the development process. John McDonald of Crown Motor Company. 6520 Perimeter Loop Road stated that the Perimeter Business Association has held many meetings with the developer. The Association now unanimously endorses this project. Mr. Papsidero gave the staff presentation. He noted that this site is currently zoned fora 250,000 square foot retail mall. The rezoning is fora 119,000 squaze foot unenclosed retail center. Staff and the Planning Commission have spent many months working with the developer in negotiations for the project. Staff and Planning Commission have now recommended approval with the conditions noted in the record of P&Z. Mr. Papsidero proceeded to show slides of the area azound the project. The Planning Commission has asked that separate consideration be given to the land use/azchitecture for the project and the signage for the project. He briefly described the signage proposed. He noted that staff had provided two sepazate reports for the case. Staff & Planning Commission support the change in land use and the change in type of development. Staff supports the majority of the changes except for the size of the grocery store signage. Planning Commission supports everything as proposed. Mrs. King commented the signs were attractive, but questioned whether the Big Bear sign is in accord with the eazlier sign colors proposed in the text of black, dark green and maroon. Careful attention to these details is what has made Dublin a consistently beautiful community. Mr. Papsidero stated the Big Bear signs aze red plastic letters that aze internally illuminated and aze sepazate from the sign package for the rest of the Center. Staff did not question the colors. They only questioned the overall size of the wall sign face and recommended that the signage be smaller - from 360 squaze feet to 130 squaze feet. This is the only internally lit sign in the development. Mr. Zawaly stated that the more important concern about the sign is that it will clash with the burgundy palette approved for the rest of the project. Frank Kass explained that the colors used on the Big Bear sign aze the standazd colors for all Big Beaz stores. These colors were the ones approved for the original Perimeter Mall. If Big Bear were not part of the Center, the Center would not be built. The signage will provide better visibility from Avery Road which is 900 feet from the front of the store. They are also using four foot high letters as opposed to the six to seven foot high letters used by Big Beaz in other areas. He then provided pictures of signage at Big Bear stores around the azea. He noted that they will be returning to Planning Commission for consideration of signage for mini-anchor storefronts in the center and hope to get approval of backlit individual letters. Mr. Zawaly asked if Big Bear would consider changing to the deep burgundy color chosen for the project. Mr. Breech responded that the Big Bear signage and logo has always been red -for over 60 years. He added that this is the smallest amount of signage used on any Big Bear store and that this will be the largest retail store in Dublin. Big Beaz has also allowed other tenant stores to be built in front of their store at this location. Mr. Sullivan noted that he believes the colors will not clash. The colors will be compatible. Mayor Campbell noted that this azea of Dublin has been very sensitive in terms of signage over the yeazs. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 3 Meeting DAYTON LEGAL BLANK O.. F R Held June 20, 1994 19 Mrs. Boring expressed concern about setting a precedent by allowing a variation for this store front. Mr. Hale stated that this is a Planned Commercial District described as encouraging creative, innovative design. They have worked long and hard to come up with a unique shopping center. Council will be voting on the whole package. The only precedent set is that if someone wants to do a high quality project in Dublin, the city will be willing to work with them. Mrs. Stillwell suggested that Council look at the whole picture -signage is just a piece of this project. Good signage is a key to the success of the project. She applauded the developer for his efforts to bring this high quality project to Dublin. Mayor Campbell noted that there will be a third reading of the ordinance at the July 18 Council meeting. Mayor Campbell asked about the status of the proposed name change of a portion of Avery Road to Muirfield Drive. Mrs. King responded that the Service Committee reviewed this matter and is waiting for input from the residents who would be affected by this change. John McDonald stated that the Perimeter Business Association is in favor of the name change. He is not aware of anyone opposed to the change. Mayor Campbell asked staff to check with the affected parties on Avery Road prior to the next meeting of the Service Committee when they can review this issue. Ordinance No. 01-94 (Amended) - An Ordinance Amending Certain Sections of the Compensation Plan (Ordinance No. 23-93). (Third Reading) The clerk noted there is a correction on page 3. "Biannually" should read "biennial" . - Mrs. King reported that the Personnel Committee has reviewed the ordinance at three meetings and has also had the ordinance reviewed by the Personnel Board. The Committee recommends that this ordinance be adopted as proposed tonight, with a biennial pay grade change. Mrs. Stillwell noted a typographical error on page 2 where "effected" should read "affected." Vote on the ordinance - Mr. Strip, yes; Mrs. Boring, yes; Mr. Zawaly, yes; Mrs. Stillwell, yes; Mrs. King, yes; Mayor Campbell, yes. Ordinance No. 43-94 - An Ordinance to Adopt the Proposed Tax Budget for Fiscal Year 1995, and Declaring an Emergency. (Third Reading) Mr. Strip moved to treat this as emergency legislation. Mrs. Boring seconded the motion. Vote on the motion -Mayor Campbell, yes; Mrs. King, yes; Mr. Strip, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mrs. Stillwell, yes. Vote on the ordinance - Mr. Zawaly, yes; Mayor Campbell, yes; Mrs. King, yes; Mrs. Stillwell, yes; Mr. Strip, yes; Mrs. Boring, yes. Ordinance No. 45-94 - An Ordinance Authorizing a New Position (Economic Development Coordinator) and Amending Section 2 ("Wage & Salary Structure/Administration") and Section - 12 ("Exempt &Non-Exempt Job Classifications") of Ordinance 23-93 ("Compensation Plan"). (Third Reading) N Mr. Foegler commented that he is working cooperatively with the Chamber and exploring several options for organizational structures to build additional economical development capacity. Prior to filling the position, there should be consensus on what form the structures may take. Staff does not plan to fill this position until the issue is resolved, and the job description can be amended and brought back to Council at a later date. Mr. Strip suggested tabling this until a later date. Mrs. King, Land Use Committee noted that approving the position as outlined will enable the City to move forward with this effort. The Land Use Committee will meet this week to review a new version of a draft agreement with the Chamber. Mrs. Stillwell commented that moving forward with this action tonight makes a positive statement RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 4 Meeting DAYTON LEGAL BLANK O.. Held June 20, 1994 19 about the City's economic development efforts. ~ Vote on the ordinance -Mrs. Stillwell, yes; Mrs. King, yes; Mr. Zawaly, yes; Mayor Campbell, yes; Mr. Strip, yes; Mrs. Boring, yes. Ordinance No. 6493 (Amended) - An Ordinance Providing for a Change of Zoning of 96.358 Acres of Land, Located on the South Side of Brand Road Between Avery Road and Muirfield Drive from R-1, Restricted Suburban Residential District to: R-3, Limited Suburban Residential District. (single-family residential development to be known as "Hawk's Nest") ('Third Reading) (Applicant: Shawnee Hills Land Company, by Jeffrey L. Brown, Smith & Hale, 37 W. Broad Street, Suite 725, Columbus, OH 43215) Mr. Smith stated this is a straight zoning request. By law, the city cannot impose unilateral conditions similar to what is done in a planned district. Staff is bringing tonight a list of 10 conditions to which the developer has agreed. Mr. Smith is recommending that Council approve the rezoning with these 10 conditions. He then asked Mr. Kelley to state for the record that these are voluntary conditions to which he has agreed freely. Mr. Smith added that the applicant must still go through the platting process. Following brief discussion, copies of the conditions were provided to Council. Mr. Smith noted that the conditions were agreed to this evening, just prior to the beginning of the Council meeting. Mr. Kelley stated that he voluntarily agrees to all of the conditions proposed by Mr. Smith tonight. Mr. Smith noted that these 10 conditions are in addition to any platting condition and subdivision regulations. They are things normally covered in a planned district, but since this is a straight zoning they must be covered in the agreement. a. At Mrs. King's request, Mr. Kelley proceeded to read the conditions into the record, as follows: 1. There shall be a minimum building setback of 200 feet from Brand Road measured from the centerline of Brand Road along the entire Brand Road frontage, except for the lots located on the entrance road into the subdivision from Brand Road, the building setback for which shall be 120 feet measured from the centerline of Brand Road. Any other deviation from the 200 foot setback shall be dependent upon an appropriate preliminary plat demonstrating justification for such deviation as approved by the City. 2. The right-of--way widths for the interior streets and cul-de-sac streets within Hawk's Nest shall be consistent with right-of--way widths for similar streets in surrounding subdivisions. To this end, the City shall apply consistent standards with respect to approval of reductions in the minimum 60 foot right-of--way width for subdivision streets per the subdivision code so that the width of interior streets and cul-de-sac streets for Hawk's Nest will be consistent with surrounding developments. Sidewalks and street trees shall be required along all streets per the Dublin Zoning Code. 3. Applicant shall provide a landscape plan acceptable to the City of Dublin Planning Department which shall provide for landscaping along Muirfield Drive in accordance with the landscaping standard established for properties located south of Hawk's Nest along Muirfield Drive; landscaping along Brand Road with special emphasis on the corner of Muirfield Drive and Brand Road; and landscaping along Avery Road. Said landscape plans shall be submitted with the preliminary plat and noted thereon. 4. The preliminary plat and/or construction plans for Hawk's Nest will show left turn stacking lanes for the subdivision entrances from Avery and Brand Roads. If a median cut is required by the City Engineer in Muirfield Drive, left turn lanes will be provided in connection with such median cut, if required. 5. All landmark oaks near Brand Road will be located in parkland. Applicant agrees to conduct a tree survey designating the location of all trees 6" or greater in caliper and to incorporate such findings in connection with the subdivision design and platting process. 6. Density will not exceed 2.2 units per acre. 7. The preliminary plat will show sufficient open space for relocation of Avery Road so as to align RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 5 Meeting DAYTON LEGAL BLANK CO.. F RM N Held June 20, 1994 19 Avery Road south of Brand Road with Avery Road north of Brand Road. Provided that the need for the road is determined by the City within two yeazs from the date of this zoning ordinance, Applicant agrees to construct said relocated Avery Road as part of the subdivision improvements for Hawk's Nest and to pay 1/2 the cost thereof, with the Ciry to reimburse applicant for the other 1/2 of the cost of said relocated Avery Road. 8. Private deed restrictions similaz to those in place for nearby single family subdivisions shall be provided to maintain standards already established in the azea. 9. A street light will be installed by Applicant at the entrance roads to Hawk's Nest from Avery Road, Brand Road and Muirfield Drive. 10. Finally, it is the City's position that wetlands and natural habitat areas should be designated on the preliminazy plat and/or any other plan submittals. Layout and design of the subdivision should be sensitive to these areas and should follow the recommendations of the Army Corps of Engineers and other overseeing agencies. Mrs. Boring was very uncomfortable with the wetlands issue. She would like to have the findings of the Army Corps of Engineering for help in the decision making, as there has been considerable discussion about flooding and stormwater. Mr. Smith responded that they were voting on land use. The preliminary plat will address the wetlands issue as well as others. The applicant has agreed that they will follow the recommendations of the Army Corps of Engineering and other agencies in regard to the wetlands issue in the platting stage. In straight zoning, the vote is only on the land use. Mr. Strip proposed changing Pazagraph 10 from "should follow the recommendations of the Army Corps of Engineers" to "will follow the recommendations." Mr. Smith agreed that this would be an appropriate change. Mr. Strip asked if the construction and payment of the realignment would be bonded. Mr. Smith stated that it will. Discussion then followed about the benefits to the City this rezoning will bring and if there is justification to change the zoning from its current R-1 zoning. Mr. Kelley responded that the city will gain awell-planned subdivision with setbacks along Brand Road; there will be a single access not taxing existing roads; high standazds in terms of lot size; and houses priced in the $180,000 to $200,000 range. Mrs. Stillwell questioned why there is a 120 foot setback in front of the Hawk's Nest development when the rest of Brand Road has a 200 foot setback. Mr. Kelley responded that the 200 foot setback has not been consistently applied. Mr. Zawaly stated that this is the gateway to Muirfield Village. It seems that the focus has been on a 200 foot setback from Brand Road with a lesser focus on an appropriate setback from Muirfield Drive. Ms. Clarke responded that the setback along Muirfield Drive has been more or less a consistent application of mounding and landscaping in a more condensed area. The objective along Brand Road was to maintain the rural chazacter of Brand Road as a country road through the village. Muirfield Drive was never intended to be an open country road. The setback along Muirfield Drive varies substantially - in the case of Kentigern it was 50 feet; in some cases it was 150 feet. Mr. Zawaly expressed concern with a reference in Condition 3 to the landscaping standard established for properties south of Hawk's Nest. It is his understanding that there is no consistency there. Ms. Clazke responded that some of the inconsistency in the application is being rectified. The Planning Commission has asked that landscaping along Muirfield Drive replicate the southernmost section of Indian Run Meadows subdivision where the lots back up to Muirfield Drive on the east side of the road. Mr. Zawaly suggested that Condition 3 be clazified to establish with specificity the minimum standazd, and suggested that Condition 3 be modified to state, "in accordance with the best landscaping standard established for properties located south of Hawk's Nest along Muirfield Drive." RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 6 Meeting DAYTON LEGAL BLANK Held June 20, 1994 19 Mr. Smith responded that at the time of preliminary plat, staff will have specifics on landscaping requirements. Mr. Smith then commented about the developer's rights to a reasonable use of his land. Staff believes the proposed land use is a reasonable one. Not allowing the developer to use his land as the neighbors use theirs could result in much litigation. The city must look at the surrounding uses and what has been planned for the area in this deliberation. Mrs. Stillwell and Mrs. Boring expressed some concern about giving parkland credit for the setbacks as described by Mr. Smith. Discussion followed. Mrs. King stated that if the parkland and open space ordinance is used to solve a road problem, she would recommend maintaining the integrity of the parkland fund by reimbursing the general fund for the value of the portion within the right-of--way that is used for the road or ditch. She acknowledged that this is an issue which could be discussed among Council members outside of tonight's consideration. Mr. Smith responded that if the City needs to use all three acres, the total would be $90,000 based on a cost of $30,000 per acre. But the road has not been laid out yet, so a determination cannot be made. Mrs. King asked staff to please monitor this issue so it's not overlooked. She also commented that there is nothing in the document which indicates the type of housing being built. The size and style of the homes should be appropriate for an area adjacent to the Muirfield development. ~ Mr. Smith pointed out that Condition 8 does address the private deed restrictions similar to those in place for the nearby single-family subdivisions in order to maintain standards already established in the area. . Mr. Smith will suggest referencing these deed restrictions at the platting stage. He will provide copies of the deed restrictions in place for the surrounding subdivisions. Mayor Campbell asked if the size of the home can be referenced somewhere to help assure a smoother transition from one area to another. Mr. Smith replied that, constitutionally, lot size can be governed but not the size of the house. Discussion followed. Mrs. King emphasized that the homes should be distinctive, attractive, and have a style that is appropriate for that particular location. Mayor Campbell suggested that the language in Condition 8 be modified to include requiring that the deed restrictions are noted on the plat when it is recorded. Ms. Clarke clarified that the deed restrictions are typically not on the plat. Mr. Foegler noted that a reference to deed restrictions could be made on the plat as is done in other ~ cities. Mrs. King moved to amend the 10 conditions to reflect the discussion: to change the word "should" to will in Condition 10 as suggested by Mr. Strip; in Condition #3, modify the language as suggested by Mr. Zawaly to state "in accordance with the best landscaping standard established for properties located south of Hawk's Nest along Muirfield Drive'°; and, as suggested by Mayor Campbell, to add at the end of Paragraph #8, "and a reference to these deed restrictions will be made on the plat". Mayor Campbell seconded the motion. Vote on the motion - Mr. Zawaly, yes; Mrs. Boring, yes; Mayor Campbell, yes; Mrs. King, yes; Mrs. Stillwell, yes; Mr. Strip, yes. Vote on the ordinance - Mr. Strip, no; Mrs. Stillwell, yes; Mr. Zawaly, no; Mrs. Boring, yes; Mayor Campbell, yes; Mrs. King, yes. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 7 Meeting DAYTON LEGAL BLANK CO., F R Held June 20, 1994 19 Resolution No. 06-94 - A Resolution Defining Dublin's Interim Annexation Policy. (Third Reading) Mrs. Stillwell asked for a response from Mr. Foegler regarding a request from Mr. West suggesting a modification to the policy for the property north of Muirfield. Mr. Foegler said staff is not recommending that this modification be incorporated. He feels that the , proposed amendment would have more negative ramifications than positive ones. Discussion followed. Mr. Strip noted that this policy will bean "interim°' policy, subject to change. It will give the Ciry a chance to reappraise the speed with which annexations are approved. He added that the policy is very well-written. Vote on the Resolution -Mrs. Boring, yes; Mr. Zawaly, yes; Mr. Strip, yes; Mrs. Stillwell, yes; Mayor Campbell, yes; Mrs. King, yes. Resolution No. 07-94 - A Resolution Adopting an Economic Development Strategy for the City of Dublin. (Third Reading) Mr. Hansley noted that staff is recommending adoption of the strategy. Mrs. King commented that this project has been underway for nearly two years and has been endorsed by the Land Use and Economic Development Committee. ~ Vote on the Resolution -Mrs. Stillwell es; Mr. Zawal es• Mrs. Borin es• Mrs. Kin es• ~Y Y~Y ~ g,Y ~ g~Y Mr. Strip, yes; Mayor Campbell, yes. Ordinance No. 25-94 - An Ordinance to Accept an Annexation of 119.6+/- Acres in Washington Township, Franklin County to the City of Dublin. (Second Reading) Mr. Foegler stated that the findings contained in the adopted Southwest Area Plan recommend caution in the pursuit of residential annexations west of Avery Road in the southwest quadrant. Reasons for this caution are the need for an additional water tower which is not part of the capital :r budget; the roadways serving this area need substantial upgrades; and school district boundary lines are still being evaluated. Thus, both the interim annexation policy and the SWAP recommend non- pursuit of these largely residential annexations. Staff is therefore not recommending acceptance of this annexation at this time. The basic issue here is one of timing based upon the large amount of infrastructure needs identified for the area and the lack of a specific capital plan that shows when and how those will be done. Intensive urban development of a residential nature in this area is premature at this time. Rob Mever, 5501 Frantz Road. stated that he has left private law practice to join the Borror Corporation, the applicant in this annexation request. He provided background on the Borror Corporation, noting that it is the 10th largest employer in Dublin. He is hopeful that the annexation policy is an interim one and that exceptions to the policy would be considered. The Borror Corporation is committed to providing people who work in Dublin with an opportunity to live in Dublin. He noted that the Borror Corporation may have some proposals to offer addressing the infrastructure issues which impact on the potential annexation. He would be happy to further discuss these proposals with Council if there is interest. Brief discussion followed. There will be a third reading of the resolution at the July 18 Council meeting. Ordinance No. 48-94 - An Ordinance to Accept the Lowest and Best Bid for the Relighting of ~ the Coffman Park Tennis and Basketball Courts, and Declaring an Emergency. (Second Reading) Mr. Hansley asked for emergency adoption tonight because of the timing of the next Council meeting. Mr. Strip moved to waive the three-time reading rule and treat as emergency legislation. Mrs. King seconded the motion. Vote on the motion -Mrs. Stillwell, yes; Mrs. Boring, yes; Mayor Campbell, yes; Mrs. King, yes; Mr. Zawaly, yes; Mr. Strip, yes. Vote on the Ordinance -Mrs. Stillwell, yes; Mr. Strip, yes; Mr. Zawaly, yes; Mayor Campbell, yes; Mrs. Boring, yes; Mrs. King, yes. RECORD OF PROCEEDINGS Minutes of Dublin Ciry Council Meeting Page 8 Meeting DAYTON LEGAL BLANK C F R Held June 20, 1994 19 Ordinance No. 51-94 - An Ordinance Amending the Codified Ordinances of Dublin, Ohio by Adding Chapter 167 Establishing a Fee and Service Charge Revenue/Cost Comparison System. (First Reading) Mr. Hansley noted that this ordinance adopts the findings of City Council's review of the MSI study completed earlier this year. He requested that the ordinance be held over for a second reading in July at which time affected parties can be present to give testimony. Mr. Strip suggested that this information be disseminated to the Chamber of Commerce. He further suggested that Council not hesitate to amend the ordinance as it passes through the process. Mrs. King thanked staff for providing an outline and mailing list to Council for the information contained in the ordinance. Ordinance No. 52-94 - An Ordinance Providing for a Change of Zoning of 67.822 Acres of Land Located on the North Side of Post Road at the Franklin/LTnion County Line, from R-1, Restricted Suburban Residential District and. U-1, Agriculture/Residential District (Jerome Township Zoning Classification), to PLR, Planned Low Density Residential District. (Gorden property/MI Schottenstein) (First Reading) Mrs. Stillwell introduced the ordinance and moved to refer this ordinance to Planning and Zoning Commission. Mrs. King seconded the motion. Vote on the motion -Mrs. Stillwell, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mr. Strip, yes; Mayor Campbell, yes, Mrs. King, yes. Ordinance No. 53-94 - An Ordinance Providing for a Change of Zoning of 98.744 Acres of Land Located on the West Side of Sawmill Road Generally Between the Saltergate Drive and ~ Hard Road Intersections, from: PUD, Planned Unit Development District to: PUD, Planned Unit Development District by Amending the Existing Preliminary Development Plan. (Summitview Associates/ Schottenstein rezoning, Northeast quadrant) (First Reading) Mr. Zawaly introduced the ordinance and moved to refer it to Planning and Zoning Commission. Mr. Strip seconded the motion. Vote on the motion -Mrs. King, yes; Mrs. Boring, yes; Mr. Strip, yes; Mayor Campbell, yes; Mr. Zawaly, yes; Mrs. Stillwell, yes. Ordinance No. 54-94 - An Ordinance Providing for a Change of Zoning of 23.329 Acres of Land Located on the Southwest Corner of Hard Road (Proposed) and Sawmill Road, from: R-1, Restricted Suburban Residential District to: PCD, Planned Commerce District. (Sawmill Partners/Mt. Carmel Health and Wellness Center) (First Reading) Mr. Zawaly introduced the ordinance. Mrs. Boring moved to refer the ordinance to Planning and Zoning Commission. Mr. Strip seconded the motion. Vote on the motion -Mrs. Boring, yes; Mayor Campbell, yes; Mr. Zawaly, yes; Mrs. Stillwell, yes; Mr. Strip, yes; Mrs. King, yes. Mayor Campbell at this time stated that the next few ordinances will require rapid action on behalf of Council because of some changes in the law that aze about to take place. These aze financial incentives that may or may not be used in the future depending on whether or not the development actually takes place. This legislation is enabling legislation dealing with tax increment financing so Council can provide the opportunity for that type of incentive for economic development to take place within the city. Mr. Strip emphasized that passage of these ordinances in no way reflects an endorsement of the projects themselves. Mr. Zawaly added that there are some truly exciting projects coming to Dublin. This legislation will allow the City to take advantage of these opportunities. Ordinance No. 55-94 - An Ordinance Declaring Improvements to a Certain Parcel of Real Property to be a Public Purpose, Describing the Public Infrastructure Improvements to be Made to Benefit that Parcel, Requiring the Owners Thereof to Make Service Payments in Lieu of Taxes, Establishing a Municipal Public Improvement Tax Increment Equivalent Fund for the Deposit of Such Service Payments, and Declaring an Emergency. (Applied Innovation Phase II Project) (First Reading) Mrs. Boring introduced the ordinance. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 9 Meeting DAYTON LEGAL BLANK F R Held June 20, 1994 19 Mr. Foegler provided background on the TIF previously approved by Council which attracted Applied Innovations to Dublin. The company now anticipates a series of expansions to both of their on-site buildings and construction of a third building on that site. The funded improvement is for an additional extension of Innovation Drive. It is fully consistent with Council's past policy of a five year pay-back period. Staff strongly recommends that Council approve this ordinance. No rezoning will be necessary for this project. Mr. Strip moved to waive the three time reading rule and treat as emergency legislation. Mrs. Stillwell seconded the motion. Vote on the motion -Mrs. Stillwell, yes; Mayor Campbell, yes; Mr. Strip, yes; Mrs. King, yes; Mr. Zawaly, yes; Mrs. Boring, yes. Vote on the ordinance -Mrs. Stillwell, yes; Mayor Campbell, yes; Mr. Strip, yes; Mrs. King, yes; Mr. Zawaly, yes; Mrs. Boring, yes, Ordinance No. 56-94 - An Ordinance Declaring Improvements to a Certain Parcel of Real Property to be a Public Purpose, Describing the Public Infrastructure Improvements to be Made to Benefit that Parcel, Requiring the Owners Thereof to Make Service Payments in Lieu of Taxes, Establishing a Municipal Public Improvement Tax Increment Equivalent Fund for the Deposit of Such Service Payments, and Declaring an Emergency. (Jacobs Mall Project) (First Reading) Mr. Zawaly introduced the ordinance. Mr. Strip moved to waive the three time reading rule and treat as emergency legislation. Mr. Zawaly seconded the motion. Vote on the motion - Mr. Zawaly, yes; Mrs. Stillwell, yes; Mrs. King, yes; Mrs. Boring, yes; Mayor Campbell, yes; Mr. Strip, yes. Mr. Foegler said there has been public discussion regarding a possible mall development in Dublin. Rezoning requests have not yet been brought to Council. A zoning application will likely be filed in the near future for a mall development to be located south of Post Road just west of the Riverside Hospital property north of Route 33. The developer has proceeded with preparation of a traffic study. It has provided recommendations of road improvements that would be needed should this project be built. To preserve the possibility that these road improvements would be funded in part through a TIF, staff is bringing this legislation before Council for the purpose of preserving this option. The property is not yet zoned. These public improvements are broad and generic in nature at this time so that as the rezoning process helps define which infrastructure needs are there, the flexibility is provided. If the project doesn't happen, the TIF becomes ineffective. The estimated real property tax increment would be approximately $3 million per year. That would be funding about $15 million of infrastructure with the proposed TIF. Personal property tax increment would be about $2 million, with 70% of that going to the school district. Mrs. Boring asked if the TIF stays with the land for future zoning in a case where the mall zoning does not go through. Mr. Foegler replied that bond counsel has advised that it does not stay with the land. The TIF is project specific and site specific. Mayor Campbell invited public comment. Keith Anderson. 6349 Oison Court, Lowell Trace feels that the emergency goes beyond the TIF, that the Jacobs Company wants to hurry this along. He asks that Council be as tedious in review of this as they were with Perimeter Mall. Tom Snyder, 6311 Newgrange and Mr Jim Petruzzi 6373 Oison Court stated that they are representatives of the Lowell Trace Homeowners Association. Mr. Snyder doesn't understand why this ordinance must be treated as an emergency. He feels that the public does not have enough information and feels there should be more readings. Mayor Campbell noted that passage of the ordinances prior to the July 1 change in law allows the City to entertain the various opportunities for future economic development. Mr. Hansley pointed out that Council has no details whatsoever about the mall. It has not been brought before Council. Discussion followed about the possibility of scheduling another Council meeting this month in order RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 10 Meeting DAYTON LEGAL BLANK Held June 20, 1994 19 to have another reading of the ordinance. Mr. Zawaly then invited residents to come to the Coffee with Council program on Saturday, June 25 at 10:00 AM at the Kroger store to discuss any concerns they may have. He and Council Member Stillwell will be in attendance. Dane Stinson. 6366 Newgrange Drive asked Ms. Clarke if the July 21st Planning and Zoning meeting was a regular or special one. Ms. Clarke responded that it is a special meeting of the Planning Commission. The regularly scheduled July 7 Planning Commission meeting already has 14 cases on the agenda. Mr. Strip offered to Mr. Snyder that Council members would be happy to come to any gathering of homeowners to discuss concerns and answer questions. Vote on the Ordinance - Mr. Strip, yes; Mayor Campbell, yes; Mrs. Boring, yes; Mrs. King, yes; Mrs. Stillwell, yes; Mr. Zawaly, yes. Ordinance No. 57-94 - An Ordinance Declaring Improvements to a Certain Parcel of Real Property to be a Public Purpose, Describing the Public Infrastructure Improvements to be Made to Benefit that Parcel, Requiring the Owners Thereof to Make Service Payments in Lieu of Taxes, Establishing a Municipal Public Improvement Tax Increment Equivalent Fund for the Deposit of Such Service Payments, and Declaring an Emergency. (McKitrick Office Building Project) (First Reading) Mrs. King introduced the ordinance. Mr. Foegler stated that the site is located on McKitrick land located east of the existing high school site on Dublin Road. Much of this land is zoned for office purposes. The City is working with an office corporate headquarters prospect that is not in a position to be made public. For this reason, the TIF is written in such a way that it goes to the property owner and has assignability built into it. The building would be in excess of 120,000 square feet with expansion capability on site, and over 400 employees at start-up. It is very much in line with the ideal corporate profile. Public improvements would be the maximum extent of the Dublin Road/Coffman Road connector that could be built with the TIF. It would provide roadway from at least Coffman Road east to the bridge crossing. In the series of public improvements described in Exhibit B, he would like to add language that would state, "and the necessary right-of--way acquisition needed to accomplish the road extension". Mr. Strip moved to amend Exhibit B of Ordinance 57-94, adding language, "and the necessary right- of-way acquisition needed to accomplish the road extension." Mr. Zawaly seconded the motion. Vote on the motion -Mrs. Boring, yes; Mayor Campbell, yes; Mr. Strip, yes; Mrs. Stillwell, yes; Mr. Zawaly, yes; Mrs. King, yes. Mr. Zawaly moved to waive the three-time reading and treat as an emergency. Mr. Strip seconded the motion. Vote on the motion -Mrs. Stillwell, yes; Mrs. Boring, yes; Mrs. King, yes; Mr. Zawaly, yes; Mayor Campbell, yes; Mr. Strip, yes. Vote on the ordinance -Mayor Campbell, yes; Mrs. King, yes; Mr. Zawaly, yes; Mrs. Stillwell, yes; Mr. Strip, yes; Mrs. Boring, yes. Ordinance No. 58-94 - An Ordinance Declaring Improvements to a Certain Parcel of Real Property to be a Public Purpose, Describing the. Public Infrastructure Improvements to be Made to Benefit that Parcel, Requiring the Owners Thereof to Make Service Payments in Lieu of Taxes, Establishing a Municipal Public Improvement Tax Increment Equivalent Fund for the Deposit of Such Service Payments, and Declaring an Emergency. (Perimeter Center Project) (First Reading) Mrs. Stillwell introduced the ordinance. Mr. Foegler stated that the property is not yet zoned for this development. The public improvements that would be provided with this TIF include the Coffman Road extension south from Post Road south to Route 33 where the overpass would begin, not including the overpass, and also the Perimeter Drive extension to Commerce Parkway. Through previous TIF legislation, we are funding the Perimeter Road extension from its current terminus east to Commerce Parkway. This will provide a continuous movement of traffic from Coffman Road crossing Post Road continuing south bearing to Perimeter Drive to get to Avery Road. This represents an important link in the continuation of the Coffman Road project and also provides significant benefit to this development RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 11 Meeting DAYTON LEGAL BLANK CO.. F R N Held June 20, 1994 19 in that it makes access from the east much easier and discourages the use of Post Road. He added that this is a project staff would likely recommend as part of a capital improvement program. It may be that this TIF isn't sufficient to do 100% of the project, but staff would ~F recommend adding the shortfall to enable the project to happen. Based on staffs estimates of the likely increment, there will be no surplus in this project, and it may require a subsidy. ; Mayor Campbell commented briefly on the importance of the road improvements to the City's transportation system. Mr. Strip moved to waive the three-time reading rule and treat as emergency legislation. Mrs. Boring seconded the motion. Vote on the motion -Mrs. King, yes; Mrs. Boring, yes; Mayor Campbell, yes; Mrs. Stillwell, yes; Mr. Strip, yes; Mr. Zawaly, yes. Vote on the ordinance - Mr. Strip, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mrs. King, yes; Mrs. Stillwell; Mayor Campbell, yes. Ordinance No. 59-94 - An Ordinance Declaring Improvements to a Certain Parcel of Real Property to be a Public Purpose, Describing the Public Infrastructure Improvements to be Made to Benefit that Parcel, Requiring the Owners Thereof to Make Service Payments in Lieu of Taxes, Establishing a Municipal Public Improvement Tax Increment Equivalent Fund for the Deposit of Such Service Payments, and Declaring an Emergency. (Lees Inn Hotel) (First Reading) Mrs. King introduced the ordinance. Mr. Foegler requested that Ordinances 59-9~ and 61-94 be discussed together since they are highly related and involve the same public improvement. Ordinance No. 61-94 - An Ordinance Declaring Improvements to a Certain Parcel of Real Property to be a Public Purpose, Describing the Public Infrastructure Improvements to be Made to Benefit that Parcel, Requiring the Owners Thereof to Make Service Payments in Lieu „ of Taxes, Establishing a Municipal Public Improvement Tax Increment Equivalent Fund for the Deposit of Such Service Payments, and Declaring an Emergency. (Cooker Restaurant) (First Reading) Mr. Zawaly introduced the ordinance. Mr. Foegler explained that the Cooker Restaurant has looked at several locations in the northwest quadrant and there has always been a lack of a sewer, an access issue, or zoning concerns which have created obstacles to finding an acceptable location. The objective is to have the McKitrick site develop in the most desirable way possible. This would most likely happen with an internal road network. It is zoned community commercial, lending itself to a wide variety of potential uses. We would like to create multiple commercial sites - offices, hotels, and restaurants. The two projects - a Lees Inn Hotel and Cooker Restaurant would be funding that road improvement that connects Frantz Road through the McKitrick property and ties into Metro Center North through the Cooker property which is located between the former Management Horizons Building and the Enron Access Building. Staff is recommending this action before Council tonight. r~(.~~ ~ 9~-/ Mrs. King moved to waive the three-time reading rule and trea~as emergency legislation, Mr. Strip seconded the motion. Vote on the motion - Mr. Zawaly, yes; Mr. Strip, yes; Mrs. Stillwell, yes; Mayor Campbell, yes; Mrs. Boring, yes; Mrs. King, yes. Vote on the ordinance -Mrs. Stillwell, yes; Mr. Zawaly, yes; Mr. Strip, yes; Mrs. Boring, yes; Mrs. King, yes; Mayor Campbell, yes. . ~ Mr. Zawaly moved to waive the three-time reading rule and treat Ordinance No. 61-94 as emergency legislation. Mr. Strip seconded the motion. Vote on the motion -Mrs. Boring, yes; Mrs. King, yes; Mrs. Stillwell, yes; Mr. Zawaly, yes; Mr. Strip, yes; Mayor Campbell, yes. Vote on the ordinance -Mrs. Stillwell, yes; Mrs. King, yes; Mrs. Boring, yes; Mayor Campbell, yes; Mr. Zawaly, yes; Mr. Strip, yes. Ordinance No. 60-94 - An Ordinance Adopting a New Functional Organization Chart for the City of Dublin. (First Reading) Mr. Strip introduced the ordinance. Mr. Harding stated that it has been some time since the organization chart was updated. This is a functional organizational chart so there won't be any positions or titles listed. The two significant RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 12 Meeting DAYTON LEGAL BLANK Held June 20, 1994 19 modifications involved are the Department of Finance and the Department of Administrative Services, as outlined in the memorandum. Mr. Zawaly asked if this chart will be affected by the Charter Review and Revision Process. Mr. Hazding responded affirmatively. He noted that the one key issue is the proposed change that .y takes the Court Services out of the Department of Finance and places it in Administrative Services. It does not prevent a later reorganization as part of the Charter Commission Review process. It can be updated as often as needed. Mayor Campbell stated there will be a second reading of the ordinance at the July 18 Council meeting. Ordinance No. 17-94 - An Ordinance Granting a ~anchise 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 Ordinance) Mr. Hansley stated that a meeting is scheduled with Columbus 8c Southern Electric in the neaz future. OTHER Final Plat -Britton Pazkway Extension Ms. Clazk reported that the property is zoned as Suburban Office and Institutional District. Planning Commission is recommending approval with the condition that sufficient right-of--way or easement be provided for the ultimate width of Britton Pazkway including pavement, greenspace, pedestrian walkways and perimeter screening of the vehicular use azea. This conforms with the Southwest Area Plan and to the final plat section of the Planning & Zoning Code. The vote was unanimous in favor of it. Mr. Kindra noted that he plans to bring the contract for construction of Britton Pazkway to Council for approval at the July 18 meeting. Mrs. Stillwell moved approval of the final plat with the condition of Planning Commission. Mr. Strip seconded the motion. Vote on the motion - Mr. Zawaly, yes; Mr. Strip, yes; Mrs. Stillwell, yes; Mayor Campbell, yes; Mrs. Boring, yes. Final Plat -Northwest Dublin Commercial Pazk (AKA SportsOhio) -Phase II Ms. Clarke stated that this plat was approved by Planning Commission in May. This provides for the extension of Dublin Park Drive to the south and back out to Cosgray Road. It will complete that loop. There aze four conditions: 1. That placement of the bike path within the pazk be resolved subject to staff approval. It was the consensus of both the Planning Commission and Council that there should not be a bike path along Cosgray Road until the road was improved. 2. That provisions for street trees and other acceptable landscape alternative be made. 3. That the development and landscape divisions be subject to visual sight distance requirements. 4. That the reduced "building line" be retitled along Dublin Park Drive. With these four conditions, Planning Commission recommends approval. She then explained the bases of approval, as contained in the record of action of P&Z from May 5, 1994. Mrs. Stillwell moved to approve the final plat with the 4 conditions of the Planning Commission. Mr. Zawaly seconded the motion. Vote on the motion -Mayor Campbell, yes; Mrs. King, yes; Mrs. Stillwell, yes; Mr. Strip, yes; Mrs. Boring, yes; Mr. Zawaly, yes. Reports from Council Committees Mrs. King reported that the Land Use and Economic Development Committee will meet Wednesday at 7:30 p.m. to discuss a draft agreement with the Chamber regarding the implementation of the Economic Development strategy. Mrs. Stillwell noted that the Public Service Committee will meet at 5:30 p.m. on Wednesday. She further noted that the Cemetery Commission has sent a memo responding to Council's request that they review the MSI fee study. The Cemetery Commission is requesting referral by Council of this RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 13 Meeting DAYTON LEGAL BLANK C F R Held June 20, 1994 19 issue to the Public Service Committee. Mayor Campbell moved that this item be referred to Public Service Committee. . Mrs. Boring seconded the motion. Vote on the motion - Mr. Zawaly, yes; Mrs. Boring, yes; Mrs. Stillwell, yes; Mrs. King, yes; Mayor Campbell, yes; Mr. Strip, yes. ti Mrs. Stillwell also reported that there is a meeting tomorrow morning in Worthington regarding the widening of I-270 North with representatives from Dublin, Worthington, Columbus, and Westerville. Comments from Staff Ms. Jordan reported that the ordinance that sets the fees for the pool has acut-off of 3100 passes at which point no more non-resident passes will be sold. To date, 3,192 passes have been sold. She also noted that the KidZone Kazoo Band will be an entry in the July 4 pazade. Council Roundtable Mrs. Boring stated that: 1. Mr. Foegler has drafted a letter to address the major concerns of the Willow Grove residents. 2. A letter was sent to Council regarding funding a consolidated fire study. She has asked that the Washington Township trustees draft a letter regazding their position on this issue. 3. She will ask Mr. Banchefsky to draft legislation regarding the recently discussed parking ticket fees if Council has no objection. Brief discussion followed about the memorandum sent by Mrs. Boring to Council members. Mr. Zawaly requested that the Law Department reseazch the legislative history for the Code section 951.17 before considering its revision. ~ Mr. Hansley stated that Mr. Banchefsky will provide this information to Council prior to the July meeting. Mr. Stria: 1. Asked that the staff member working with the Irish Embassy on the proposed soccer game contact him regarding some concerns he has about the event. 2. Noted that he has concerns about space allocated in the Rec Center for administrative staff versus the space allocated to seniors. He suggested that consideration be given to adjusting the staff space. Ms. Jordan responded that the squaze footage has not changed from the original plan. Office space was in fact reduced slightly. Mr. Zawaly noted that he, too, has concerns about the space issue. Mr. Hansley commented that Council has already signed off on the schematics and the architect is moving forwazd on the design phase based on the approved schematics. 3. Mr. Strip commented that he believes that the Public Information Officer should be attending Council meetings in order to accurately report City activities. If she cannot attend, she should send a staff member. Mrs. Kina: 1. Agreed that it is important to have the Public Information Officer attend Council meetings. 2. Announced that there has been a resignation from the Tree and Landscape Commission. The clerk is researching the board and commission applicants who indicated interested in the Tree and Landscape Commission. She suggested that candidates be identified, resumes forwarded to Council, and appointment be made at the July 18 meeting. Mayor Campbell agreed with this course of action and stated that if an Executive Session is necessary, it would be held at the beginning of the Council meeting. 3. Mrs. King noted that she feels a great sense of accomplishment with the other members of Council and staff with tonight's adoption of the interim annexation policy, approval of the Economic Development Coordinator position, and adoption of the Economic Development Strategy. Mrs. Stillwell: 1. Noted that Council had eazlier discussed the proposal of a Council of Civic Associations whereby two meetings a yeaz would be held for civic association presidents. She has tentatively scheduled an initial meeting on July 14 with an agenda to be determined. The RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 14 Meeting DAITON LEGAL BLA Held dune 20, 1994 19 goal would be information sharing and developing a dialogue between the City and the civic groups. She asked for suggestions from Council members regarding agenda items. She added that this would be an important communication effort between the public and Council. 2. Asked if approval of final plats is required by Charter as this seems to be an administrative function. Mr. Smith responded that previous Councils have had a policy of reviewing final plats. It is not required by Charter or by Code. Discussion followed. Ms. Clarke noted that the Code currently requires approval of the final plat by Council. Mayor Campbell indicated his support of making this an administrative function. 3. She and Mr. Kranstuber will meet next week to discuss goal-setting plans. Mr. Zawalv: 1. Agrees with Mr. Strip that Ms. Puskarcik should attend Council meetings. 2. Noted that he sent a fax to Bobbie Clarke and Vince Papsidero expressing his praise of their tremendous effort in preparation of the work program for the Community Plan Update. 3. Asked if the Willow Grove letter addresses the residents' concerns about the continuous right-turn lane. Mr. Hansley stated that this item is addressed in the letter. 4. Noted that the court liaison officer/court security officer proposal was withdrawn due to concerns by the FOP. He asked Mr. Hansley to comment. Mr. Hansley noted that the concern was that the position was being described as a civilian position. The FOP believed that the new position should have been a member of the bargaining unit. Rather than engage in negotiations, staff decided to withdraw the request for the position until the 1995 budget. ~ 5. Praised Gary Smith, Traffic Technician for his very thorough and complete report contained in the packet. His savings of $700 to the City is significant and much appreciated. The meeting was adjourned at 11:50 p.m. May r, Presidin Officer Clerk of Council