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HomeMy WebLinkAbout12/19/1994 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting DAYTON LEGAL BLANK Held December 19, 1994 19 The regularly scheduled meeting of the Dublin City Council was called to order by Mayor Joel Campbell at 6:30 p.m. on Monday, December 19, 1994. Work Session Mayor Campbell briefly explained the format and procedures to be used for these informal sessions which will beheld prior to Council meetings. He noted that the minutes will be in summary fashion and there will be no set agenda for the sessions. Committee Reports Goal Setting Mrs. Stillwell reported on the upcoming session which is scheduled for Saturday, January 7 from 8 a.m. until 2:30 p.m. at the Chamber of Commerce offices. The agenda includes establishing a methodology for implementation of the hot zone/cold zone discussion held in November. A summary of the November session was distributed to Council together with the agenda for the January 7 session. Finance Committee Mr. Strip reported that the Committee met this evening to review the hotel/motel tax funding application from the Dublin Arts Council. The Committee has adopted a recommendation for Council regarding funding of $174,430 for the Arts Council. Discussion followed about Art in Public Places projects and the controversial Field of Corn project. Following brief discussion, it was the consensus of Council that consideration of the funding for the Arts Council will be included on the January 9 Council agenda. Staff Comments Mayor Campbell asked for an update on the Caplestone Lane private street conversion request. Mr. Foegler provided background on the issue and then recommended that Council could consider providing some mechanism in the existing ordinance to address a hardship situation. $ Following discussion, Mayor Campbell suggested that Council members give this some thought and a decision can be made at the next Council meeting about how to proceed. Chief Ferrell introduced new police officer, Sara Thomas. He also noted that a public hearing will be held on January 23 regarding the reaccreditation of the Department. Ms. Puskarcik asked for feedback on the draft plan distributed for the upcoming Expo on January 21. Council members expressed favorable comments about the plan. Brief discussion followed about the format for the evening, i.e., question and answer, staff and/or Council members responding. Mrs. Stillwell and Mr. Zawaly will meet with Sandra to finalize the details. Council Comments ~ Mr. Zawaly reported that the Charter Review and Revision Commission will meet on December 20. He suggested that Council members review the Model City Charter which the Commission has been studying for possible integration into the existing Dublin charter. i Mrs. Stillwell reported in regard to the 270 widening project that the design contract with Woolpert has now been signed. A draft TIP has been mailed out by MORPC to all of the suburban communities -this document includes the capital improvements for transportation for the entire ~ region. .y Mrs. King thanked Mayor Campbell for his excellent presentation at the recent Mayors' meeting with state officials. Staff Comments Mr. Kindra reported that the Muirfield Drive resurfacing project report has been delivered today and is currently being reviewed by staff. The work session was adjourned at 7:30 p.m. Mayor Campbell convened the regular Council meeting at 7:40 p.m. Roll Ca? Council members present were: Mrs. King, Mr. Strip, Mrs. Stillwell, Mayor Campbell, Mr. Kranstuber, Mr. Zawaly and Mrs. Boring. The Pledge of Allegiance was recited by all in attendance. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 2 Meeting DAYTON LEGAL BLANK Held December 19, 1994 19 Staff members present at the meeting included Mr. Hansley, Mr. Foegler, Mr. Smith, Ms. Grigsby, Ms. Fierce, Mr. Kindra, Ms. Jordan, Mr. McDaniel, Ms. Puskarcik, Chief Ferrell and Mr. Lenz. F, Aonroval of Minutes of December 5, 1994 Council Meeting Mrs. Stillwell moved approval of the minutes of the December 5, 1994 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; Mrs. King, yes; Mr. Kranstuber, yes. Correspondence The clerk reported that there was no correspondence. Comments From Visitors There were no comments from visitors. Legislation Ordinance No. 99-94(E) - An Ordinance to Adopt the Proposed Operating Budget for the Fiscal Year Ending December 31, 1995, and Declaring an Emergency. (Tabled Ordinance) Mrs. King moved to take this from the table for discussion. Mr. Kranstuber seconded the motion. Vote on the motion - Mr. Kranstuber, yes; Mayor Campbell, yes; Mrs. King, yes; Mrs. Stillwell, yes; Mr. Strip, yes; Mrs. Boring, yes; Mr. Zawaly, yes. Mr. Hansley stated that the final draft of the budget has been prepared in keeping with the recommendations of the Finance Committee. A detailed memo accompanies the draft. Mr. Strip, Finance Committee, stated that all Council members had participated in the budget review process. Mr. Strip then moved to treat this as emergency legislation so that the budget will be effective prior to January 1, 1995. Mr. Zawaly seconded the motion. Mrs. Stillwell asked for clarification about the memo in the packet from Mr. McDaniel which would require a budget amendment. Mr. Hansley clarified that this amendment could be done at a later time in 1995. Vote on the motion - Mr. Kranstuber, yes; Mrs. King, yes; Mrs. Stillwell, yes; Mr. Strip, yes; Mrs. Boring, yes; Mr. Zawaly, yes; Mayor Campbell, yes. Vote on the ordinance - Mr. Strip, yes; Mr. Zawaly, yes; Mr. Kranstuber, yes; Mayor Campbell, yes; Mrs. Boring, yes; Mrs. Stillwell, yes; Mrs. King, yes. Mr. Hansley recommended that no action be taken on tabled Ordinance No. 17-94 at this time. Ordinance No. 109-94(E) - An Ordinance Accepting the Lowest and Best Bid for Sign Posts and Related Equipment, Authorizing the City Manager to Enter into a Contract for the Procurement of Said Equipment, and Declaring an Emergency. (Third Reading) Mr. Hansley explained that emergency action is needed because the bids will expire prior to the next Council meeting. Mr. Kranstuber moved to waive the three-time reading rule and treat this as an emergency. Mr. Strip seconded the motion. Vote on the motion -Mrs. King, yes; Mrs. Stillwell, yes; Mr. Strip, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mr. Kranstuber, yes; Mayor Campbell, yes. Vote on the ordinance - Mr. Kranstuber, yes; Mr. Strip, yes; Mrs. King, yes; Mayor Campbell, yes; Mrs. Stillwell, yes; Mrs. Boring, yes; Mr. Zawaly, yes. Ordinance No. 110-94 - An Ordinance to Establish the Estimated Average Per Acre Value of Land for Park Fees in Lieu of Land Dedication as Required Pursuant to Section 1109.02(c), and to Amend Said Section. (Third Reading) Mr. Hansley noted that Council's Parks and Recreation Committee has reviewed this ordinance. Staff is now recommending adoption. Vote on the ordinance -Mrs. Stillwell, yes; Mr. Strip, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mr. Kranstuber, yes; Mayor Campbell, yes; Mrs. King, yes. Ordinance No. 114-94 - An Ordinance to Enter into a Health Services Contract with the Franklin County Board of Health. (Third Reading) Mr. Hansley noted that staff is requesting passage by emergency this evening because the current contract expires at the end of 1994. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 3 Meeting DAYTON LEGAL BLANK C F R Held December 19, 1994 19 Mr. Strip moved to treat this as emergency legislation. Mr. Kranstuber seconded the motion. Vote on the motion - Mr. Zawaly, yes; Mrs. Boring, yes; Mayor Campbell, yes; Mrs. Stillwell, yes; Mrs. King, yes; Mr. Kranstuber, yes; Mr. Strip, yes. Vote on the ordinance -Mrs. Boring, yes; Mrs. King, yes; Mrs. Stillwell, yes; Mr. Strip, yes; Mr. Zawaly, yes; Mayor Campbell, yes; Mr. Kranstuber, yes. Ordinance No. 115-94 - An Ordinance Accepting the Lowest/Best Bid for Phase II of the M.L. "Red" Trabue Nature Reserve and Authorizing the City Manager to Enter into a Contract for Completion of the Project. (Third Reading) Mr. Hansley stated that staff is now recommending that Council defeat this ordinance. Staff proposes that this project be included as a cash capital improvement project for 1995. Staff believes that an equal or better price for the project can be obtained by bidding it with the street improvements in the spring. Brief discussion followed about the legal aspects of defeating the ordinance. Mr. Smith clarified that case law supports the need to defeat the ordinance rather than tabling or withdrawing the ordinance. He has provided more details in a memorandum to Council. Vote on the ordinance - Mr. Zawaly, no; Mrs. Boring, no; Mr. Kranstuber, no; Mayor Campbell, no; Mrs. King, no; Mrs. Stillwell, no; Mr. Strip, no. Resolution No. 21-94 - A Resolution Requesting the Delaware and Franklin County Auditors to Draw and the Delaware and Franklin County Treasurers to Issue a Draft to the Director of Fnance of the City of Dublin for any Money that May be in the County Treasury to the Account of the City of Dublin. (Third Reading) Mr. Hansley stated that this resolution provides for earlier distribution of property taxes from the counties. Vote on the resolution - Mr. Kranstuber, yes; Mr. Strip, yes; Mr. Zawaly, yes; Mrs. King, yes; Mrs. Boring, yes; Mrs. Stillwell, yes; Mayor Campbell, yes. Ordinance No. 117-94 - An Ordinance Accepting the Lowest and Best Bid for Dump Truck Bodies and Authorizing the City Manager to Execute a Contract Governing the Procurement of Said Equipment. (Second Reading) Mr. Hansley stated that staff is recommending the lowest bid as the best bid, and requests that this be held over for a third reading. There will be a third reading of the ordinance at the January 9, 1995 Council meeting. Ordinance No. 118-94(E) - An Ordinance Declaring Certain City Owned Property as Surplus and Authorizing the City Manager to Dispose of Said Property in Accordance with the Ohio Revised Code Section 721.15, and Declaring an Emergency. (Second Reading) Mr. Hansley stated that this legislation involves surplus automobiles and asked Mr. McDaniel to provide details. ~ Mr. McDaniel stated that emergency legislation is requested to provide for the prompt disposal of the property. Slightly higher prices may be obtained by a 1994 sale versus a 1995 sale. A memo ~ has been provided to Council noting two additions to the list of vehicles. ~ Following brief discussion, 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. Zawaly, yes; Mrs. Boring, no; ~ Mr. Strip, yes; Mayor Campbell, yes; Mrs. King, yes. Vote on the ordinance -Mrs. King, yes; Mrs. Stillwell, yes; Mr. Kranstuber, yes; Mr. Strip, yes; Mayor Campbell, yes; Mrs. Boring, abstain; Mr. Zawaly, yes. Ordinance No. 119-94 - An Ordinance to Change the Name of Clavin Court to Glendon Court in the City of Dublin, Ohio. (Second Reading) There was no additional information provided on this ordinance. There will be a third reading at the January 9, 1995 Council meeting. Ordinance No. 121-94(E) - An Ordinance Appointing Members to the Various Boards, Commissions and Committees of the City of Dublin, Ohio, and Declaring an Emergency. (Second Reading) Mrs. King moved to amend the ordinance to incorporate the modifications proposed by Council. Mr. Strip seconded the motion. Vote on the motion -Mrs. Boring, yes; Mayor Campbell, yes; Mrs. King, yes; Mr. Zawaly, yes; RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 4 Meeting DAYTON LEGAL BLANK Held December 19, 1994 19 Mrs. Stillwell, yes; Mr. Kranstuber, yes; Mr. Strip, yes. Mrs. King extended her deep appreciation to all members of the community who have served on boazds and commissions during 1994 and who have agreed to continue to serve in 1995. She reminded Council members that a meeting has been scheduled in early Januazy for interviews for the remaining vacancies. She also noted that a vacancy exists on the Pazks and Recreation Advisory Committee. Mr. Strip moved to waive the three-time reading rule and treat this as emergency legislation in order to have the boazds and commissions in place by the beginning of the year. Mr. Zawaly seconded the motion. Vote on the motion -Mrs. Boring, yes; Mayor Campbell, yes; Mrs. King, yes; Mr. Zawaly, yes; Mrs. Stillwell, yes; Mr. Kranstuber, yes; Mr. Strip, yes. Vote on the ordinance -Mrs. Stillwell, yes; Mrs. Boring, yes; Mayor Campbell, yes; Mrs. King, yes; Mr. Strip, yes; Mr. Kranstuber, yes; Mr. Zawaly, yes. Ordinance No. 120-94(E) - An Ordinance to Establish Appropriations for Current Expenses and Other Expenditures of the City of Dublin,- State of Ohio, During the Fiscal Year Ending December 31, 1995, and Declaring an Emergency. (First Reading) Mr. Strip introduced the ordinance. Ms. Grigsby explained that this ordinance is a companion to the operating budget approved by Council this evening. Mr. Strip moved to waive the three-time reading rule and treat this as emergency legislation in order to have this effective prior to Januazy 1, 1995. Mr. Zawaly seconded the motion. Vote on the motion -Mayor Campbell, yes; Mrs. King, yes; Mrs. Boring, yes; Mr. Zawaly, yes; Mr. Strip, yes; Mrs. Stillwell, yes; Mr. Kranstuber, yes. Vote on the ordinance -Mrs. Stillwell, yes; Mrs. Boring, yes; Mr. Zawaly, yes; Mayor Campbell, f yes; Mr. Kranstuber, yes; Mrs. King, yes; Mr. Strip, yes. Brief discussion followed about whether emergency action is necessazy for budget and appropriation matters under Dublin's Charter. Mayor Campbell then read Charter Section 4.07 for purposes of clazification. Ordinance No. 122-94 - An Ordinance Establishing a Schedule of Fees and Charges for City Services. (First Reading) Mr. Kranstuber introduced the ordinance. Mr. Hansley stated that this ordinance will implement the fees adopted in concept with the MSI fee study adoption. Staff is requesting that this be held over for a second reading. There will be a second reading of the ordinance at the January 9, 1995 Council meeting. Ordinance No. 123-94(E) - An Ordinance Amending the Annual Appropriations for the Fiscal Year Ending December 31, 1994, and Declaring an Emergency. (First Reading) Mrs. King introduced the ordinance. Mr. Hansley noted that this ordinance provides for the final appropriations for fiscal yeaz 1994. Staff is requesting passage by emergency. Ms. Grigsby noted that a memo accompanying the ordinance provides additional clarification. Ms. Grigsby stated that emergency action is requested because the Ohio Code requires that appropriations for all accounts not be exceeded by expenditures and encumbrances at yeaz end. Mr. Strip moved to waive the three-time reading rule and treat this as emergency legislation. Mrs. King seconded the motion. Vote on the motion - Mr. Zawaly, yes; Mrs. Stillwell, yes; Mrs. King, yes; Mrs. Boring, yes; Mr. Kranstuber, yes; Mayor Campbell, yes; Mr. Strip, yes. ~ Vote on the ordinance - Mr. Kranstuber, yes; Mr. Strip, yes; Mrs. Stillwell, yes; Mrs. King, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mayor Campbell, yes. Discussion followed about procedures for legislation in 1995 -eliminating emergency legislation which is not prescribed as necessazy under the Charter, possibly implementing a separate numbering system for appropriation ordinances, etc. Ordinance No. 124-94 - An Ordinance Petitioning the Board of County Commissioners of Franklin County, Ohio, for a Change of Township Lines to the Area Included within the Corporate Limits of the City of Dublin from Jerome Township, and Declaring an Emergency. (First Reading) Mrs. King introduced the ordinance. Mr. Smith stated that this is a companion ordinance to one passed recently which petitioned the RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 5 Meeting DAYTON LEGAL BLANK Held December 19, 1994 19 Union County Commissioners to approve the change. Union County has done so. Franklin County Commissioners aze meeting tomorrow morning at 8:30 a.m., and this item is included on their agenda. They aze expected to pass this as an emergency and the boundary adjustment will occur at A..~-~ January 1, 1995. 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. King, yes; Mrs. Boring, yes; Mr. Strip, yes; Mayor Campbell, yes; Mr. Zawaly, yes; Mr. Kranstuber, yes; Mrs. Stillwell, yes. Vote on the ordinance - Mr. Kranstuber, yes; Mayor Campbell, yes; Mrs. Boring, yes; Mrs. King, yes; Mr. Zawaly, yes; Mrs. Stillwell, yes; Mr. Strip, yes. Ordinance No.125-94 - An Ordinance Providing for a Change in Zoning for 121 Acres of Land Located South of Brand Road Approximately 1,800 Feet West of Avery Road, at the Union/Franklin County Line, from: R-1, Restricted Suburban Residential District to PLR, Planned Low Density Residential District. (Starkey Property) (First Reading) (Applicant: The Northwood Land Corporation, c/o David E. Haid, 941 Chatham Lane, Suite 100, Columbus, OH 43221) Mayor Campbell introduced the ordinance. Mr. Hansley recommended that this and the following rezoning ordinances be referred to Planning Commission for further review. Mr. Strip moved that it be referred to Planning and Zoning Commission. Mrs. King seconded the motion. Vote on the motion - Mr. Zawaly, yes; Mrs. Stillwell, yes; Mrs. Boring, yes; Mr. Kranstuber, yes; Mrs. King, yes; Mayor Campbell, yes; Mr. Strip, yes. Ordinance No. 126-94 - An Ordinance Providing for a Change in Zoning for 14.4 Acres of Land Located on the Northwest Corner of Post Road and Avery Road, from: PUD, Planned Unit Development District and R-1, Restricted Residential District to: PUD, Planned Unit Development District. (Mast Property) (First Reading) (Applicant: Northwest Presbyterian Church/Lowell Mast, c/o Robert J. Apel, 5640 Frantz Road, Dublin, OH 43017) Mr. Strip introduced the ordinance. Mr. Zawaly moved that it be referred to Planning and Zoning Commission. Mr. Strip seconded the motion. Vote on the motion - Mr. Strip, yes; Mrs. Boring, yes; Mrs. Stillwell, yes; Mrs. King, yes; Mayor Campbell, yes; Mr. Zawaly, yes. Ordinance No. 127-94 - An Ordinance Providing for a Change in Zoning for 18.470 Acres of Land Located Between Perimeter Drive and Perimeter Loop Road, from: PCD, Planned Commerce District to: Planned Commerce District. (Perimeter Center - Subarea F -Revised Composite Plan and Development Text) (First Reading) (Applicant: Continental Real Estate, c/o Mark Pottschmidt, 150 E. Broad Street, Columbus, OH 43215) Mayor Campbell introduced the ordinance. Mrs. King moved that it be referred to Planning and Zoning Commission. Mrs. Boring seconded the motion. Mrs. Stillwell noted that in the December 8 letter from Mr. Pottschmidt to Mr. Papsidero, there seems to be a loss of 4,000 square feet in Building A since the figures do not add up to 48,499 squaze feet as listed. Ms. Fierce responded that she will make note of this. Vote on the motion - Mr. Strip, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mrs. Stillwell, yes; Mrs. -,y King, yes; Mayor Campbell, yes. Mrs. King asked for an update on the staff report previously requested regarding the Schottenstein rezoning on Sawmill Road. Ms. Fierce responded that she will provide the information to Council by fax. Ordinance No. 128-94 - An Ordinance Providing for a Change in Zoning for 5.308 Acres of Land Located at the Southern Terminus of Norn Street, Approximately 375 Feet West of Wilcox Road, from: R-1B, Limited Suburban Residential District (Washington Township Zoning District) to: PLR, Planned Low Density Residential District. (Wilcox Estates) (First Reading) (Applicant: Rockford Homes, Inc., c/o Christopher Cline, 37 W. Bridge Street, Dublin, OH 43017) Mrs. King introduced the ordinance. Mr. Strip moved that it be referred to Planning and Zoning Commission. Mrs. Boring seconded the motion. Vote on the motion -Mrs. King, yes; Mrs. Stillwell, yes; Mr. Strip, yes; Mr. Zawaly, yes; Mrs. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 6 Meeting DAYTON LEGAL BLANK C Held December 19, 1994 19 Boring, yes; Mayor Campbell, yes; Mr. Kranstuber, yes. Ordinance No. 129-94(E) - An Ordinance Authorizing the Purchase of Respiratory Protection Equipment, Without Formal Advertising and Competitive Bidding, and Declaring an Emergency. (First Reading) Mr. Hansley stated that a detailed memo was provided in the packet explaining the need for the equipment purchase without bidding and for emergency action. This is designed to provide compliance by January 1, 1995 with the new State OSHA Act and involves the underground breathing equipment for the sewer workers. Mr. McDaniel explained that staff has determined that equipment must be obtained to meet the new regulations. He has administratively suspended all confined space entry operations until new equipment is in place. Therefore, there is a health and safety issue involved and a need for emergency action. 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. Strip, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mr. Kranstuber, yes; Mayor Campbell, yes; Mrs. King, yes; Mrs. Stillwell, yes. Mr. Zawaly noted that he applauds the administrative decision to suspend operations for safety reasons; this is the right thing to do. Vote on the ordinance -Mrs. King, yes; Mrs. Stillwell, yes; Mr. Strip, yes; Mr. Zawaly, yes; Mr. Kranstuber, yes; Mrs. Boring, yes; Mayor Campbell, yes. Ordinance No. 130-94(E) - An Ordinance Implementing Sections 3735.65 through 3735.70 of the Revised Code, Establishing and Describing the Boundaries of the Britton Parkway Community Reinvestment Area in the City of Dublin, Designating a Housing Officer to Administer the Program, and Creating a Community Reinvestment Housing Council and a Tax Incentive Review Council, and Declaring an Emergency. (First Reading) Mayor Campbell introduced the ordinance. Mr. Foegler stated that staff will not be requesting emergency passage until the time of third reading. He noted that this legislation involves the creation of a new community reinvestment area under the new state laws previously described to Council. Specifically, the administration is recommending that the City establish a community reinvestment area which at this time will be called the "Britton Parkway Community Reinvestment Area". It will include areas just east of the recently extended Britton Parkway in the City of Dublin, south of Rings Road. The purpose of this area will be to encourage the development of much needed speculative office space as described in the economic development study. The proposal allows for the creation of a new community reinvestment area with aten-year tax abatement. The legislation before Council this evening is enabling type of legislation. Additional agreements will be brought back on a project specific basis. He noted that an additional change with this type of abatement from previous abatements is that under this agreement, the real property tax would be abated but the income tax would be shared with the schools. Staff believes that, in this limited application for the purpose of encouraging the spec office space, this legislation will be an appropriate tool which also provides the necessary safeguards. Subsequent to this ordinance will be legislation for a project specific agreement and also a revenue sharing agreement to be presented to both City Council and to the school district. He noted that Greg Stype, bond counsel is also present this evening for questions. Mr. Zawaly noted that caution should be exercised so that this legislation does not have an unanticipated effect on other future development. Greg Stype, bond counsel. stated that they have been carefully studying the new State law which was enacted in April and effective in July, and have worked closely with the City on the tax increment financing agreements. He shares Mr. Foegler's confidence that this legislation is narrowly drawn in many respects and contains a number of safeguards so that it is targeted and tailored to provide incentive for the speculative office building development described. There will be a second reading at the January 9 Council meeting. Other Hawk's Nest -Revised Preliminary Plat (Applicant: The Shawnee Hills Land Company and Holding Corporation of Ohio, c/o Jeffrey L. Brown, Smith and Hale, 37 West Broad Street, Suite 725, Columbus, OH 43215) Ms. Fierce noted that this preliminary plat was approved by Planning Commission by motion at the November 10, 1994 with 16 conditions. The bases was that the plat meets the R-3 standards and the ten Council conditions, respects the exterior perimeter with adequate setbacks and a landscape RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 7 Meeting DAYTON LEGAL BLANK Held December 19, 1994 19 program, is compatible with adjacent single-family subdivisions, and meets pazks and thoroughfare goals as established in the Community Plan. The conditions are: 1. That the street intersections with Brand Road, Avery Road, and Muirfield Drive be provided - with left turn lanes and street lighting designed according to the requirements of the City Engineer; 2. That Avery Road be realigned and reconstructed with this development, designed according to the requirements of the City Engineer, and with an acceptable cost sharing agreement in place prior to construction; 3. That the width of the street pavement and the right-of--way, and no parking zones on streets within the development be provided as listed above and indicated on the final plat; 4. That a Wazranty Deed for the pazkland be provided to the City with the recording of the final plat; 5. That vehicular access from any lot be prohibited along Avery Road; 6. That no encroachments be permitted within the limits of the 24-inch sanitary sewer easement, either above the ground or below ground, except as permitted by the City Engineer; 7. That all sewers within the development be designed according to the requirements of the City Engineer with the additional requirements included in this report; 8. That the design of storm water management be coordinated with that of the Lakes of Dunmere, and that the use of dry detention basins be avoided as much as possible; 9. That should dry detention basins be necessazy, screening and landscaping of the dry basins shall meet the approval of the Planning Director; 10. That bike path easements be provided through Cazacaza, Wigeon, and Avocet Courts to Avery road and along the south side of Lot #21 to provide access to the pazk; 11. That all landscape plans be subject to Staff approval; 12. That further definition be given to the no-build and conservation zones; a• 13. That all tree preservation azeas be established subject to staff approval and shown on engineering improvement drawings and then shown later on building permit drawings; 14. That the water feature shown in the northeast corner of the development be constructed as shown on the plan submitted with the approval of the City Engineer; 15. That a forced homeowners' association be part of the deed restrictions; and 16. That Lots #4-8 have a 50-foot no-build zone and that all remaining lots along Avery Road have no fencing allowed in the setbacks. Mr. Zawaly commented that the developer has worked closely with the Planning Commission and responded to their requests and to Council's requests. Mr. Strip suggested that a different term be substituted for "forced" homeowners' association. Mr. Zawaly responded that Council needs to make a determination of exactly what is being required with this condition. He suggested that the developer respond. Tim Kelley. 250 E. Broad Street. stated that he represents the applicant. He noted that there have been 12 different modifications of the plat, the process for which began in June. The rezoning was approved by Council on June 20 with certain conditions, and work then began on the preliminary plat. He believes that the plat before Council represents the resolution of many issues brought up during the process. Mr. Zawaly noted that the homeowners' association is to be specified and required by deed restrictions, and the homeowners' association through the deed restrictions will be required to maintain all common azeas to the standazds established by staff and initially put in place by the developer. He asked Mr. Kelley to confirm that this is his understanding as well. Mr. Kelley agreed that this is his understanding. Ms. Fierce asked about the entry features. Mr. Kelley responded that they prefer to include a nice entry feature, but their interest in maintaining that declines as the lots aze sold. A required homeowners' association provides the continuity and the mechanism to provide funding to keep those entrance areas looking good. They are planning possibly three entrance areas off of each of the three existing roads. The homeowners' association will provide for maintenance of these features. Mrs. King commented that she would prefer the word "required" homeowners' association. She then moved that Condition #15 be amended to read, "that a required homeowners' association be a part of the deed restrictions to maintain common areas, to maintain landscaped entry features to the standazd initially installed by the developer and approved by the City, and to enforce deed RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 8 Meeting DAYTON LEGAL BLANK Held December 19, 1994 19 restrictions and such other requirements as the homeowners' association may choose to include." Mr. Kelley agreed to this amendment. .k Mrs. Stillwell suggested that it read that the "homeowners' association be established by deed restriction Mr. Zawaly agreed that this was the intent of the Planning Commission. ' Mr. Strip clarified that it should read, "that there should be a required homeowners' association which shall be noted and be carried as a part of the deed restrictions to Mrs. King accepted this amendment to her motion. Mr. Kelley agreed with the amended motion. Ms. Jordan noted that it would be important to make a determination of who will be responsible for maintenance for the parkland areas prior to the final plat acceptance. Mr. Smith noted that those areas will be defined and delineated on the final plat. Mr. Zawaly seconded Mrs. King's motion as amended. Vote on the motion - Mrs. Boring, yes; Mr. Kranstuber, yes; Mayor Campbell, yes; Mrs. King, yes; Mrs. Stillwell, yes; Mr. Strip, yes; Mr. Zawaly, yes. Mr. Strip commented that Condition #8 states that the use of dry detention basins be avoided as much as possible. He believes this is vague. He also noted that in view of the key location of this area, dry storage basins are not appropriate. Mayor Campbell agreed, suggesting that the condition #8 be amended to state, "be avoided unless required for engineering purposes." Mr. Strip suggested that he would rather delete the detention basin requirement; if it is later determined to be necessary, reconsideration could be given to an amendment. Mayor Campbell responded that some type of stormwater detention would be necessary -the question would be the manner in which this is done. Discussion followed. i Mr. Kelley agreed that dry detention basins could be avoided except for the one in the southwest corner as shown on the plat. Mr. Strip moved to amend Condition #8 to indicate that, "the design of stormwater management be coordinated with that of the Lakes of Dunmere, and that the use of dry detention basins shall be limited to the southwest corner which shall be further defined by lot numbers on the final plat, presently appearing as lots 13 through 20. " Mr. Kelley agreed to this amended condition. Mrs. King seconded the motion. Vote on the motion - Mr. Zawaly, yes; Mrs. Boring, yes; Mr. Kranstuber, yes; Mayor Campbell, yes; Mrs. King, yes; Mrs. Stillwell, yes; Mr. Strip, yes. Mayor Campbell commented that tonight's discussion reflects Council's concern about the appearance of one of the recent projects approved along Muirfield Drive, namely the Centex development. Council is hopeful that the appearance of the Hawk's Nest project will be of a higher quality. Y Mrs. King asked about later enforcement of condition 13 regarding tree preservation. This was also a condition of the rezoning. a, Mr. Kranstuber agreed that this is a concern since the developer does not monitor the projects once the builders take over the lots. He asked Mr. Foegler to comment on how the City enforces these provisions. Mr. Foegler responded that staff has struggled with this issue in view of the many subcontractors on the project site in between scheduled inspections. He has had complaints from the Wedgewood developer about the delays caused for the project due to tree preservation requirements. Enforcement is a difficult issue since it is often hard to determine which part of the process resulted in loss of trees. Mr. Strip moved to approve the revised preliminary plat subject to the amended conditions. Mayor Campbell seconded the motion. Vote on the motion - Mr. Zawaly, yes; Mrs. Boring, yes; Mr. Kranstuber, yes; Mayor Campbell, RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 9 Meeting DAYTON LEGAL BLANK j Held December 19, 1994 19 yes; Mrs. King, yes; Mr. Strip, yes, Mrs. Stillwell, yes. Muirfield Greene Phase 2 -Final Plat (Applicant: Robert Webb, President, Bob Webb Builders, - Inc., 7662 North Central Drive, Westerville, OH 43081) Ms. Fierce stated that Planning Commission recommended approval on their July 7, 1994 meeting on the bases that the development will continue a compatible residential form at a more suitable density, that it complies with the Community Plan, and is a logical and appropriate revision to the Muirfield PUD district. The conditions set by Planning Commission are: 1. That easements for the Ashbaugh lift station be vacated and that any remaining components of the Ashbaugh lift station be removed as required for the construction of public improvements or for the construction of residential homes;. 2. That the developer provide no-parking zones on the Final Plat or by other appropriate mechanism and install no-parking signs; 3. That appropriate development standards be submitted for the lots as reconfigured in Phase II; 4. That the design of cul-de-sacs incorporate emergency and maintenance vehicle access as required by the City Engineer; 5. That public improvements be completed and accepted or fully bonded prior to scheduling the final plat for Council action; 6. That the architectural integrity of Phase I be continued and protected; and 7. That the fence detail be submitted to staff for approval. Mrs. King moved that the final plat be approved with the seven conditions listed in the Planning & Zoning Commission Record of Action of July 7, 1994. Mr. Kranstuber seconded the motion. Vote on the motion - Mr. Zawaly, yes; Mrs. Stillwell, yes; Mr. Strip, yes; Mrs. Boring, yes, Mrs. King, yes; Mr. Kranstuber, yes; Mayor Campbell, yes; Mayor Campbell stated that an executive session has been requested to address a land acquisition matter and a personnel matter. Mrs. King moved to adjourn to Executive Session. Mr. Zawaly seconded the motion. Vote on the motion - Mr. Kranstuber, yes; Mrs. King, yes; Mrs. Stillwell, yes; Mayor Campbell, yes, Mr. Zawaly, yes; Mrs. Boring, yes, Mr. Kranstuber, yes. The meeting was adjourned at 9:15 p.m. Mayor Campbell announced that the meeting will not be reconvened following the Executive Session. Mayor, resi ing O cer Clerk of Council