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HomeMy WebLinkAbout09/20/1993 Minutes of RECORD OF PROCEEDINGS Dublin City Council Meeting DA'fTON LEGAL BLANK CO.. FORM NO. 10148 Meeting Held September 20, 1993 19 The regularly scheduled meeting of the Dublin City Council was called to order by Mayor Jan Rozanski at 7:30 p.m. on Monday, September 20, 1993, and Mr. Strip led the Pledge of Allegiance. Members of Council present for roll call were: Mrs. King, Mr. Campbell, Mr. Strip, Mayor Rozanski, Mr. Amorose and Mr. Kranstuber. Mr. Sutphen was absent (excused). Mr. Foegler, Assistant City Manager and Mr. Smith, Law Director were also present. Approval of Minutes of September 13. 1993 Meetinl: Mayor Rozanski stated that the minutes have not been prepared by the clerk due to the short time between meetings. The minutes will be provided to Council as soon as they are completed. Correspondence The clerk reported that at the Mayor's request and based on comments made at the last Council meeting, a request for a hearing was made to the Liquor Control Commission regarding the application for a new D-4 permit at 4140 Tuller Road for the Columbus Men's Senior Baseball League. Responding to the Mayor's question, Ms. Fierce confirmed that the location is zoned properly as Community Commercial for an eating-Or drinking establishment as described in the application. i Comments from Visitors Linda Gadek. 5591 Dumfries Court. President of the Dublin Women's Club expressed their concern regarding the Phase 1 proposal for the Community Center. They believe that a community room is needed to meet the needs of area groups in the coming years. She understands that there will be another community forum held in October regarding the Center. The club has collected more signatures on their petition. She submitted this to Council. Mr. Campbell confirmed that there is a presentation of the schematics for the Center scheduled for the October 13 Parks and Recreation Committee meeting at 7:30 p.m.. There are also some remaining land acquisition issues to be worked out by Council. Sherri Ridenour. Perimeter Veterinary Center and Bob Hughes. Ohio Central Credit Union addressed Council regarding concerns about the Perimeter Center development of Margarita's Restaurant. The Margarita's building does not have the required brick that was approved by Planning Commission. There are other issues involving landscaping and roadways. A building permit was issued for Margarita's even though they had not met the requirements established for the Perimeter Center. Mr. Foegler responded that he would like to provide a written comprehensive report on this project with the assistance of the Planning Director who is presently out of town. Ms. Fierce responded to Council on some of the general issues. """''''' Le::islation Ordinance No. 63-93 - An Ordinance Providing for a Change of Zoning of 2.75 Acres of Land Located on the North Side or Perimeter Loop Road, Approximately 500 Feet East of A very Road, from: PCD, Planned Commerce District to: PCD, Planned Commerce District. Registered as proponents were Glen Dugger, 37 W. Broad Street, representing applicant Muirfield Drive Consultants, clo Smith & Hale, and architect Robert Apel, 5640 Frantz Road. There were no registered opponents. ~ Ms. Newcomb stated that this is a request to rezone 2.85 acres within the Perimeter Center to allow construction of a new Mercedes dealership. She showed slides of the site and described the area. The existing site is zoned PCD within Subarea D of Perimeter Center. The request is to rezone it to PCD within Subarea I which is transitional retail use specifically for the Mercedes auto dealership. Planning Commission recommended approval of this rezoning on August 5. They reviewed the development plan for this proposal on September 9 and approved it as well. The conditions of the rezoning from Planning Commission are as follows: 1. That the landscaping, including perimeter screening, meet Code and be coordinated with adjacent sites and subject to staff approval; 2. That stormwater management be designed according to the requirements of the City Engineer; 3. That the building materials, elevations and colors be consistent with the existing dealership; 4. That site lighting utilize the same or matching fixtures as the existing dealership and conform II II II I I I I I I II II Minutes of RECORD OF Dublin City Council Meeting PROCEEDINGS Page 2 Meeting DAYTON LEGAL BLANK co., FORM NO. 10148 Held September 20, 1993 19 to the Dublin lighting guidelines; 5. That text, composite plan and subarea map for Perimeter Center be amended to reflect these changes; 6. That the maximum height of an automobile dealership building be lowered to 35 feet; 7. That Mercedes Drive which is the private road on the north property line will need to be constructed in connection with either Perimeter Center or with the property to the east being built; 8. That the preliminary grades for the extension of Mercedes Drive be submitted to Engineering as part of the development plan. She added that Conditions 5 through 8 have been addressed, however staff would like to leave them in for the record. In response to Mr. Kranstuber, Ms. Newcomb confirmed that this rezoning will permit an expansion of the subarea I to allow another auto dealership. Mr. Kranstuber expressed concern about the possible fiscal impact of the change from freeway office to an auto dealership in terms of tax revenues. Mr. Amorose has concerns with the time previously spent in working out the various types of land uses for Perimeter Mall and now permitting changes which could alter the appearance to a suburban auto mall rather than an office complex. , Mr. Campbell noted that the legal description accompanying the ordinance contains 2.85 acres and the ordinance should be amended to reflect this change. Glen Dugger and Bob Apel addressed Council regarding the development. Mr. Apel showed drawings to Council and described the proposed building which will be 15,000 square feet. Mr. Strip asked for clarification regarding the business operations. Mr. Apel responded that the original Mercedes building was too large, and thus they have taken on a separate Jeep-Chrysler Plymouth-Eagle franchise. They are two separate franchises, two separate buildings, with one owner and one piece of ground operating as one dealership. Mr. Dugger added that if the new building is not approved, the Mercedes dealership will be lost. John McDonald, General Manager of the dealerships, commented that the present building is considerably oversized for the Mercedes operation. The Jeep-Chrysler Plymouth-Eagle franchise is a perfect fit for the original building in terms of their volume and needs. Mr. Strip stated that the issue is that this type of development is not what was planned at Perimeter Center. The face of Perimeter Center is now being changed, and Council must come to terms with what will be developed at the Center. Mrs. King stated that the issue Council faces is balancing public expectation based upon the approved text with Council's desires to help businesses in the community grow. Mr. Campbell noted that it is important to recognize that Perimeter Center will never be what it was planned to be due to many factors - the sewer ban, the economy, the proposed mall at Tuttle Crossing. So it is important to encourage development of existing businesses. The applicant, however, must ensure that the building is of the same quality as the other buildings in the development. -. Mr. Amorose expressed concern with the volume of truck traffic created by the dealerships. He agrees that more customer parking is needed on the existing site. II II I I i I Mayor Rozanski expressed concern with street lighting and how it could impact on car vandalism and theft. Mr. Bowman stated that he is looking into the lighting status. Mayor Rozanski asked about security issues for the storage lot in back of the mound. Mr. Apel responded that they have not yet addressed the possibility that the mounding could result in an increase of vandalism. There will be a third reading of the ordinance at the October 4 Council meeting. Mayor Rozanski requested that staff correct the ordinance to reflect the proper acreage prior to the next meeting. Minutes of RECORD OF Dublin City Council Meeting PROCEEDINGS Page 3 Meeting DAYTON LEGAL BLANK co., FORM NO. 10148 Held September 20, 1993 19 Ordinance No. 68-93 - An Ordinance Providing for a Change of Zoning of 1.33 Acres of Land Located on the West Side of Frantz Road, Approximately Midway Between Metro Place North and Metro Place South from: PUD, Planned Unit Development District to: PUD, Planned Unit Development District. (Public Hearing) Registered as proponents were applicants Maury Levine, 3976 Fenwick Road and Clay Cookerly, 1360 Norwell Drive of Graeter's Ice Cream. There were no registered opponents. Ms. Fierce showed slides of the site and surrounding area. The proposed rezoning site is between Max & Erma's and Fifth Third Bank and consists of slightly over one acre. The request tonight is for a specialty ice cream store, constituting a fast food use, and thus the applicant is seeking a refinement of the permitted uses. The proposal includes an 1,800 square foot restaurant, and the character will be consistent with existing buildings in the Metro Center development. There will be seating for 40 persons inside with an outdoor patio area along the northeast portion of the building located within the reserve area owned by Metro Center. Hours of operation are from 11 a.m. until 11 p.m. generally, and the restaurant will employ 15 to 20 people. Ms. Fierce stated that discussion at Planning Commission involved the need for a connection from this site to the existing sidewalk along the east side of Frantz Road. There was a condition that this applicant propose some type of connection to enable pedestrians and cyclists to move from this site to the Metro Place North signalized intersection. j.;;; Planning Commission recommended approval at the August 5 meeting with the following conditions: 1. That the proper legal description be submitted before this case is scheduled for review by Planning Commission. This has been taken care of. 2. That the building materials be architecturally compatible with the surrounding buildings to the north and south. 3. That the signage be in compliance with Code, consistent with signage used for the bank and restaurant. 4. That the applicant submit a revised text to include more information on the architectural details of the building and architecturally integrated with the structure. This has been completed. 5. That the text be revised to clarify the permitted uses and the appropriate development standards, especially as it relates to the re-use of the site in the future. This has already been included with the text. :, 6. That the design of the parking lot meet the requirements of the City Engineer in terms of geometrics and location of accessways and aisles. The interior access should directly align with the Max & Erma's site to the north. 7. That the overall plan showing all of the outparcels along Frantz Road be submitted. 8. That the applicant resolve the pedestrian access issue with staff. The applicant has submitted a text since the hearing in August which proposes the installation of a foot path with some type of stepping stones from this site through the reserve area to the signal at Metro Place North. , Ms. Fierce stated that staff recommends approval of the rezoning. Mayor Rozanski asked if there have been any issues raised with the patio. Ms. Fierce responded that only benches will be provided and not tables. A patio at the same level as the grade would be permissible in the no-build zone. ,1!# Maury Levine. applicant stated that Graeter's Ice Cream is very pleased to be coming to Dublin. They believe this would be a good use for the property, and they are working with staff to meet all of the conditions. If the rezoning is approved, they are hopeful of a spring opening. Mr. Amorose raised concerns about pedestrian access to the building from Frantz Road. He would like to see something wide enough to accommodate both pedestrians and bicycles, nicer than a sidewalk, to take this traffic down to the intersection of Metro Place North and Frantz Road. Mr. Levine promised that they will continue to work with staff on this concern. There will be a third reading at the October 4 Council meeting. Ordinance No. 66-93 - An Ordinance Amending Chapter 1187 (Landscaping) Relating to Street Tree and Public Tree Requirements. (Third Reading) Minutes of RECORD OF Dublin City Council Meeting PROCEEDINGS Page 4 Meeting DAYTON LEGAL BLANK CO., FORM NO. 10148 Held September 20, 1993 19 Ms. Newcomb stated that she has no additional information on the ordinance. Vote on the Ordinance - Mr. Strip, yes; Mr. Amorose, yes; Mr. Kranstuber, yes; Mr. Campbell, yes; Mrs. King, yes; Mayor Rozanski, yes. Ordinance No. 67-93 - An Ordinance Providing for a Change of Zoning of 45.18 Acres of Land Located on the East Side of Dublin Road Approximately Opposite River Forest Subdivision from: R-l, Restricted Suburban Residential District to: PUD, Planned Unit Development District. (Third Reading) Ms. Fierce stated that staff has supplied a memorandum to Council with the amended conditions stated by Council at the last meeting. Mr. Bowman added that the developer has requested in writing a detention waiver for this site. Staff still needs to work out some issues regarding the waiver with the applicant prior to a vote on the waiver. Regarding the issue of cost sharing of lowering of Dublin Road, Mr. Bowman stated that the city is proposing to make a 20 percent contribution, with the developer paying for 80 percent of the cost. The agreement still needs to be finalized. Some details will be worked out during the detail design phase. He will report back to Council at a later date when more information is available. Mr. Smith stated that he met with Mr. Foegler today to discuss the agreement, and an 80/20 arrangement was worked out as Mr. Bowman has stated. The issues of the road closing will have to be addressed as more engineering information is available. He and Mr. Foegler believe the 80/20 arrangement is both reasonable and fair. Mr. Smith noted that Condition #13 should have an additional clause. It will thus state, "That the developer lower the elevation of Dublin Road at the development's entrance to the satisfaction of the City Engineer and shall contribute 80 percent of the cost for the same. " Mr. Driscoll, representing applicant Multicon Builders, Inc. commented that conditions 4 and 11 should be deleted as they only applied when there was not going to be open space in the front of the neighborhood. Mr. Foegler agreed that it would be appropriate to delete conditions 4 and 11. Mrs. King moved approval of the rezoning with the conditions listed in the September 16, 1993 memorandum to Council from Planning Staff with the deletion of condition #4, amending condition 11 to read, "That Reserve "B" be designated as public open space to be maintained by the homeowners' association" and amending Condition 13 to read, "That the developer lower the elevation of Dublin Road at the development's entrance to the satisfaction of the City Engineer and the developer shall contribute 80 percent of the cost for the same. " Mr. Campbell seconded the motion. Mr. Driscoll stated that he is in agreement with conditions as stated by Mrs. King. Vote on the Ordinance - Mr. Amorose, yes; Mr. Kranstuber, yes; Mr. Campbell, yes; Mrs. King, yes; Mayor Rozanski, yes; Mr. Strip, yes. Ordinance No. 06-93 (Amended) - An Ordinance Providing for a Change of Zoning of +1-74 Acres of Land Located to the Northeast of Avery and Rings Roads, to be rezoned from: PUD, Planned Unit Development District to: PCD, Planned Commerce District. (Third Reading) Ms. Fierce stated that an amended ordinance has been prepared with an acreage of 74 acres. Rob Meyer, representing the applicant, Avery Road, Ltd. has submitted a new text late today which was distributed to Council tonight. Clarifications have been made with regard to the bikeway improvements, tree protection, and buffering between adjacent uses to the satisfaction of staff. Mr. Smith will address the issue of the contribution for Woerner-Temple extension. II I i II I I Mr. Smith stated that staff has had negotiations with Mr. Meyer and Appendix C sets forth that the developer will build 765 linear feet of Woerner-Temple relocated. The appendix sets forth the specs of 41 feet and outlines the details and various options. Staff is satisfied with the agreement and recommends that Appendix C, part of the amended text, should be incorporated as a condition of approval this evening. Mr. Foegler stated that, effectively, the proposal calls for the developer to provide a 30 percent contribution for the Woerner-Temple extension from Avery to Wilcox as discussed at the last Minutes of RECORD OF Dublin City Council Meeting PROCEEDINGS Page 5 Meeting DAYTON LEGAL BLANK CO., FORM NO. 10148 Held September 20, 1993 19 meeting. Mr. Strip moved to accept the amended text and new Appendix C and to approve the rezoning with these conditions and the other 16 conditions stated at the previous Council meeting. Mr. Kranstuber seconded the motion. Discussion followed about the outcome of the proposal to require the developer to pipe the ditches along Rings Road and Avery Road. Mayor Rozanski stated that the developer has agreed to enclose the ditch along Rings in front of the single-family home area. Vote on the Motion - Mr. Kranstuber, yes; Mr. Strip, yes; Mrs. King, no; Mr. Amorose, yes; Mayor Rozanski, yes; Mr. Campbell, yes. Ordinance No. 71-93 - An Ordinance Requesting Approval to Change the Name of Enterprise Drive to Innovation Drive in the City of Dublin, Ohio, and Declaring an Emergency. (Third Reading) Mr. Foegler commented that this legislation will fulfill the inducement agreement as expressed in the tax increment financing agreement authorized by Council. Staff is requesting passage by emergency because the road construction will be initiated shortly. Mr. Amorose moved to waive the three-time reading rule and treat as emergency legislation. Mrs. King seconded the motion. Vote on the Motion - Mr. Campbell, yes; Mr. Amorose, yes; Mrs. King, yes; Mr. Strip, yes; Mayor Rozanski, yes; Mr. Kranstuber, yes. Vote on the Ordinance - Mr. Strip, yes; Mrs. King, yes; Mayor Rozanski, yes; Mr. Campbell, yes; Mr. Amorose, yes; Mr. Kranstuber, yes. Ordinance No. 72-93 - An Ordinance to Amend Certain Sections of the Codified Ordinances of the City of Dublin Pertaining to Penalties for Driving Under the Influence and Licensing Violations, to Comply with Current State Law, and Declaring an Emergency. (Second Reading) Mr. Smith commented that this ordinance will bring Dublin's Code into compliance with State Code. He is requesting passage by emergency. Discussion followed about the State Highway Patrol sobriety checkpoint operation. Mr. Amorose moved to waive the three-time reading rule and treat as emergency legislation. Mrs. King seconded the motion. Vote on the Motion - Mr. Kranstuber, yes; Mr. Amorose, yes; Mr. Strip, yes; Mr. Campbell, yes; Mrs. King, yes; Mayor Rozanski, yes. Vote on the Ordinance - Mr. Campbell, yes; Mayor Rozanski, yes; Mrs. King, yes; Mr. Strip, yes; Mr. Amorose, yes; Mr. Kranstuber, yes. Ordinance No. 73-93 - An Ordinance Declaring a Nuisance at 3950 Summitview Road and Declaring an Emergency. (Second Reading) Mr. Smith stated that Mrs. Ailshire and some neighbors on Summityiew Road approached city staff regarding a serious problem with barking dogs and unattended animals. Rather than amending the entire Code and following careful review, he believes the best way to handle this isolated incident is to have Council declare this situation as a nuisance and order that it be abated through litigation. He will request that Mrs. Ailshire address Council regarding the complaints. Mr. Smith further stated that the affected party has retained counsel, Mr. Chris Cline. Discussion followed about the legal challenges which could be raised by this action. Staff believes that the city will be successful in litigation. Mr. Smith further explained that he will request the court to order that the situation as it presently exists be altered so that the neighbors can enjoy their homes. Mr. Strip clarified that this is not an "anti-dog" ordinance, but rather an ordinance to alleviate the noise and discomfort of the situation on Summitview Road. Mr. Smith suggested that Council members visit the site to view the situation for themselves prior to the third reading. He confirmed that there has been no previous civil litigation regarding the situation by adjoining or neighboring property owners. Mr. Smith will provide a memorandum to Council regarding the legal issues prior to the October 4 meeting. Becky Ailshire. 3946 Summitview Road, stated that her property is next door to the subject property. She has lived at her property for almost 17 years and has witnessed the evolution of 3 dogs to 30 Minutes of RECORD OF Dublin City Council Meeting PROCEEDINGS Page 6 Meeting DAYfON LEGAL BLANK CO.. FORM NO. 10148 Held September 20, 1993 19 ---l-. ! dogs. They bark all hours of the day and night. She has contacted the owner on many occasions asking him to quiet the dogs. Mr. Van Horn has shown no responsibility in helping to keep the dogs quiet. The dogs have affected both the quality of life and the property value of the neighborhood. She submitted photographs and a written statement to Council regarding the situation, together with a video. In response to Mr. Smith's question, Mrs. Ailshire stated that she has contacted the Humane Society, the Franklin County dog warden and the Dublin Police when they have been awakened by the barking dogs. Her neighbor, Betty Haydocy, is out of town but has provided a written and signed statement to be given to Council. Mrs. Ailshire further stated that there is a problem with the dogs running loose. The Franklin County dog warden has been out numerous times to pick up the dogs. The dogs are large and are secured by a stake and chain. Mrs. Ailshire responded to Mr. Campbell's question, stating that she has not retained at attorney to initiate any legal action due to the nuisance situation. Mrs. Ailshire stated that she instead has tried to contact the owner to work out the situation. Mrs. Ailshire responded to Mrs. King's question, stating that the dogs do not seem threatening to her when they get loose. Responding to Mr. Kranstuber's question, Mrs. Ailshire stated that the dogs have been neglected at times in the past when the owner was gone. l\(:;I:" Tim Woods. 8119 Glencree Place stated that he lives about 300 feet west of the Van Horn property. He commented that Council members should visit the property to understand the problems caused by the dogs. Neighbors are unable to enjoy their own properties, and the term "yelping" is a more appropriate term to describe the barking, especially during the night. He moved into his property in 1988, and the level of the noise has dramatically increased since that time. He submitted a written statement to Council. Pam Shibko. 8118 Glencree Place stated that her property is adjacent to the Van Horn residence. Apart from the noise issue, she has safety concerns for her toddlers. On occasion the dogs do run loose, and she is fearful of letting the children out to play on her property. She would appreciate the support of Council in resolving this matter. John Volz. 3900 Summitview has lived at this property east of Mrs. Ailshire's for 4 months. He agrees that there is a problem with noise, especially at night. He does not believe the dogs are a menace to children. He added that he would have bought the house even if he had heard the noise prior to the purchase. Rodney Van Horn. 3950 Summitview stated that he has lived at that address since he was 7 years old. He moved away for a period of three years and returned when he purchased the property from his parents. He commented that people do not understand the nature of the dogs that he raises. His dogs are competition coon hounds - a sport which is world-renowned. He submitted a portfolio to Council outlining the kennel's accomplishments. His goal is to bring home a world championship for the sporting dog kennel. The kennel is syndicated and owned by some 20 other people. He has never had less than 18 dogs in the last 10 years, and he has lived at the address for this whole 10- year period. The dogs are not unattended. He has not been able to relocate his kennel because of financial reasons. He added that his dogs are all registered and he has spent thousands of dollars on them. Mr. Campbell asked if Mr. VanHorn, as a carpenter, has given any thought to building kennels to confine the animal noise. Mr . Van Horn responded that he plans to begin construction of kennels immediately. The noise was never an issue until the last year when Mrs. Ailshire has made it into an issue. For 26 other years, there was no issue raised about the dogs. Mr. Smith asked if the kennel is currently licensed with the state or county. Mr. Van Horn responded that the kennel is currently licensed with Franklin County. II II Minutes of RECORD OF Dublin City Council Meeting PROCEEDINGS Page 7 Meeting DAYTON LEGAL BLANK CO.. FORM NO. 10148 Held September 20, 1993 19 Mr. Smith stated that Mr. VanHorn has stated that he is on site for 1 to 3 hours per day. During the other hours, is anyone present? Mr. Van Horn responded that usually someone is around. Mr. Strip agreed that a coonhound is not a menacing dog. He does not believe that anyone is trying to run Mr. Van Horn out of town. The issue is that neighbors cannot sleep at night because of the noise. Council is open to suggestions on how to keep the noise down to alleviate the situation. i Mr. Van Horn stated that he can contain the animals at night. He believes he could resolve the situation this way within two days. He added that his sister has visited homes in the community and obtained signatures of neighbors who do not have any problems with the dogs. His sister now resides at the 3950 Summitview property. He submitted the signatures obtained by his sister to the clerk. Mr. Van Horn further submitted a letter submitted to Mayor's Court from his father, the owner of the property, regarding the kennel operation. Mr. Kranstuber asked about the issue of the dogs getting loose. Mr. Van Horn responded that his property is not fenced, but the dogs are kept on sturdy chains. He sometimes allows puppies to run when they are home or through the night hours when there is no traffic. Mrs. King stated that she is hopeful that a less severe way can be found to resolve this problem. She urged him to take constructive action prior to the next Council meeting. Mr. Smith stated that he believes tonight's discussion was very useful, and he is hopeful that there will be some action taken to improve the situation prior to October 4. ."-"~ Mr. Kranstuber urged Mr. VanHorn to video any improvements made and share them with staff prior to October 4. -"""~",, Mr. Campbell noted that he is sympathetic to Mr. Van Horn's concerns and those of the neighbors and believes that civil remedies may be a better option in this situation. He added that Mr. Van Horn must do what he has to do or Council will do what they have to do. Ellen Van Horn Triplett. 3950 Summitview Road stating that she is hopeful that if the dogs are enclosed at night, the problem can be resolved. She invited any neighbors or Council members to visit the kennel. There will be a third reading at the October 4 Council meeting. Ordinance No. 75-93 - An Ordinance Amending Chapter 339, Commercial Motor Vehicles, of the Codified Ordinances of the City of Dublin. (Second Reading) Mr. Smith commented that this ordinance will bring Dublin's Code up to State code with respect to penalties for overweight vehicles. The city will be setting up checkpoints and, if necessary, will write violations for overweight vehicles. He added that Mr. Sutphen has proposed an amendment to the ordinance to include emergency vehicles. There will be a third reading at the October 4 Council meeting. Ordinance No. 76-93 - An Ordinance Amending Sections 1107.01(C), 1103.06, 1105.10 and .... '1107.08 of the Codified Ordinances of the City of Dublin Providing for Cul-de-sac Regulations. (Second Reading) Mr. Foegler commented that this ordinance has been endorsed by the Service Committee, the Planning Commission, and the Washington Township Fire department. There will be a third reading at the October 4 Council meeting. Ordinance No. 77-93 - An Ordinance Accepting the Lowest and Best Bid for Janitorial Services, Authorizing the City Manager to Enter into a Contract with Aetna Building Maintenance for Said Services, and Declaring an Emergency. (Second Reading) Mr. Strip asked if this legislation will result in a layoff of any existing staff. Mr. McDaniel responded that all existing staff would be retained. Mr. Amorose noted that he appreciates the efforts of staff to look after the financial well-being of the city by seriously considering privatization of city services. There is a potential for considerable savings in this undertaking. Mr. Amorose moved to waive the three-time reading rule and treat as emergency legislation. Minutes of RECORD OF Dublin City Council Meeting PROCEEDINGS Page 8 DAYTON LEGAL BLANK CO., FORM NO. 10148 Meeting Held September 20, 1993 19 Mr. Strip seconded the motion. Vote on the motion - Mr. Kranstuber, yes; Mrs. King, yes; Mr. Amorose, yes; Mayor Rozanski, yes; Mr. Strip, yes. Vote on the ordinance - Mr. Kranstuber, yes; Mr. Strip, yes; Mr. Amorose, yes; Mrs. King, yes; Mayor Rozanski, yes. Ordinance No. 78-93 - An Ordinance Accepting the Lowest and Best Bid for Road Salt and Authorizing the City Manager to Execute a Contract Governing the Procurement of Said Commodity. (Second Reading) Mr. Harding had no further information on this ordinance. There will be a third reading at the October 4 Council meeting. Ordinance No. 79-93 (Amended) - An Ordinance to Accept the LowestlBest Bid for the Innovation Extension Street, Storm & Water Improvements Project, and Declaring an Emergency. (Second Reading) Mr. Foegler commented that staff is requesting passage by emergency and waiving of the three-time reading rule in order to meet the commitments established within the TIF for this project. He added that he has information requested by the Mayor regarding why contractors who picked up bid documents did not submit bids. In virtually all cases, the reasons relate to the inability to perform the work within the 6O-day construction time frame. One of those who picked up bid documents is a subcontractor for the company who was awarded the bid. Mr. Bowman noted that the contractor who was awarded the bid for the project was Strawser Paving Company. They are the same company who is doing the street maintenance program this year. The inspection staff has been very satisfied with their work. !(1M' Mayor Rozanski expressed concerns about this company's experience as a road building contractor. Mr. Foegler commented that the subcontractor, Danbert, will likely be doing more of the subgrade utility burial with Strawser doing the paving work. He added that Mr. Kindra has been very satisfied with Strawser's work. k> Discussion followed about concerns related to the experience level of the contractor. Mr. Foegler noted that the contract with Applied Innovation calls for construction of the road by December 31, and the Engineering staff is comfortable that this contractor can provide the job in accordance with the plans and specs and produce a high quality product. Mr. Amorose moved to waive the three time reading rule and treat as emergency legislation. Mr. Kranstuber seconded the motion. Mr. Campbell added that the emergency is due to the contractual obligation for the project with a year-end deadline. Vote on the motion - Mr. Kranstuber, yes; Mr. Campbell, yes; Mrs. King, yes; Mayor Rozanski, no; Mr. Strip, yes; Mr. Amorose, yes. Vote on the Ordinance - Mr. Strip, no; Mr. Campbell, yes; Mrs. King, yes; Mr. Kranstuber, yes; Mayor Rozanski, no; Mr. Amorose, yes. il,,, Resolution No. 15-93 - A Resolution Accepting the Amounts and Rates as Determined by the Budget Commission, Authorizing the Necessary Tax Levies and Certifying Them to the County Auditor. (Second Reading) Ms. Grigsby requested passage by emergency in order to meet the time requirements of the Ohio Revised Code. Mr. Amorose moved to waive the three time reading rule and treat as emergency legislation. Mrs. King seconded the motion. Vote on the motion - Mr. Campbell, yes; Mrs. King, yes; Mr. Kranstuber, yes; Mr. Strip, yes; Mr. Amorose, yes; Mayor Rozanski, yes. Vote on the Resolution - Mr. Amorose, yes; Mrs. King, yes; Mr. Campbell, yes; Mr. Kranstuber, yes; Mr. Strip, yes; Mayor Rozanski, yes. Ordinance No. 80-93 - An Ordinance Establishing the Function, Purpose and Composition of the Personnel Committee of Council. (First Reading) Mr. Amorose introduced the ordinance. Mr. Harding stated that this ordinance is in response to discussions at previous Council meetings regarding the creation of the Committee. It outlines the function and scope of the responsibility of the Committee. Another version has been proposed by Mrs. King, and Council may wish to discuss i' I! i I I Ii Ii II I' II II II 'I II II I' Ii :[ I I I I II II I II Minutes of RECORD OF Dublin City Council Meeting PROCEEDINGS Page 9 Meeting DAYTON LEGAL BLANK co., FORM NO. 10148 September 20, 1993 19 both versions. Mr. Harding also requested that Council consider setting a meeting date for the Committee to address some unresolved issues regarding job classifications and corresponding pay , grades. Mrs. King stated that she drafted another version of the ordinance which is brief yet retains the meaning; it adds collective bargaining and privatization of services to the list of policy issues to be considered by the Committee; it is more consistent with the 1986 resolution of Council establishing membership for standing Council committees; and it contains up-to-date language as used in the Ohio Revised Code. Discussion followed about the composition of the Committee. Mrs. King moved the adoption of Version B with the following amendments: 1. Section 1, last paragraph should read, "These issues may include" ... 2. In the sentence below privatization of city services, it should state, "In addition, it shall also be the function of this Committee to ensure that the evaluations of the City Manager and the Clerk of Council are completed on time." 3. In Section 3, the word "Chairman" should be deleted and the word "Chairperson" inserted instead. This change was suggested by Mr. Strip. Mr. Campbell seconded the motion. Mrs. King invited Marilee Chinnici-Zuercher, Personnel Board of Review member to comment on the ordinance. Ms. Chinnici-Zuercher stated that she had not reviewed either version. However, she concurs with Mr. Campbell that it is important to be consistent in the description of all Council committees and in not designating by position who is appointed to the Committees. ~ ..~ -lit; Vote on the motion - Mr. Kranstuber, yes; Mr. Campbell, yes; Mrs. King, yes; Mayor Rozanski, yes; Mr. Strip, yes; Mr. Amorose, yes. Following more discussion, it was decided that Mayor Rozanski, Mr. Strip and Mrs. King would serve as members of the Personnel Committee. Mr. Campbell moved to waive the three-time reading rule and treat the amended ordinance as an emergency. Mr. Amorose seconded the motion. Vote on the motion - Mr. Kranstuber, yes; Mr. Campbell, yes; Mrs. King, yes; Mayor Rozanski, yes; Mr. Strip, yes; Mr. Amorose, yes. Vote on the Amended Ordinance - Mrs. King, yes; Mr. Strip, yes; Mr. Kranstuber, yes; Mr. Amorose, yes; Mr. Campbell, yes; Mayor Rozanski, yes. Ordinance No. 81-93 - An Ordinance Accepting the Lowest and Best Bid for Sign Shop Materials and Authorizing the City Manager to Execute a Contract Governing the Procurement of Said Materials. (First Reading) Mr. Amorose introduced the ordinance. Mr. Harding explained that 3M is the only company that manufactures the materials of the grade, quality and type needed by the City. Staff recommends approval of the bid from 3M, as it offers no increase in prices from the 1992 bid process. There will be a second reading at the October 4 Council meeting. ti, Ordinance No. 82-93 - An Ordinance Accepting the Lowest and Best Bid for a New Single Axle Dump Truck and Authorizing the City Manager to Execute a Contract Governing the Procurement of Said Vehicle. (First Reading) Mr. Amorose introduced the ordinance. Mr. Harding explained the memorandum that accompanies the ordinance noting that four companies had submitted bids. Staff recommends acceptance of the bid from Center City International for a 1994 International Model 4900 chassis with a body supplied by Buckeye Truck Body. The bid totals $50,205.41. Another issue to highlight is that the bid from Center City has a shorter delivery time, and since the vehicle has been programmed into the operational schedule in the division of Maintenance for winter, this is an important consideration. Mr. Amorose asked about the gross vehicle weight, and Mr. Harding will provide this information prior to the next reading. Mr. McDaniel added that this is a replacement vehicle for the fleet. He will provide an update to Council prior to the next meeting on the need for this vehicle. Minutes of RECORD OF Dublin City Council Meeting PROCEEDINGS Page 10 Meeting DAYTON LEGAL BLANK CO.. FORM NO. 10148 Held September 20, 1993 19 There will be a second reading at the October 4 Council meeting. *~. "~' Resolution No. 16-93 - A Resolution Endorsing State Issue 1 Which Authorizes the State to Issue Bonds, to be Retired from General State Revenues, to Finance Capital Improvements for State and Local Parks and Recreation Areas, to Preserve Ohio's Natural Areas and Habitats, and to Promote Health and Safety through Flood Control, Pollution Prevention and Water Quality Improvement. (First Reading) Mr. Amorose introduced the Resolution. Mrs. King stated that State Issue 1 is a bond issue to be voted upon in November to ask the public to authorize the state to issue bonds, primarily to maintain the state park system, with some funding for dam safety and for acquisition of natural areas. Some funds would also be earmarked specifically for local governments. In addition, if the state has this constant source of funds, the state would be more likely to provide 100 percent of the land and water conservation funds to local communities. She has discussed this with the ODNR. Clearly, passage of this bond issue would give local governments 20 percent of the bond issue funds and the City of Dublin could apply for them. In addition, local governments throughout Ohio would be likely to get 100 percent of the land and water conservation funds. It is also a priority of Council, as outlined in the goals, to acquire additional land for active parks, and this would help to achieve that goal. There are no new taxes involved with this State Issue. There will be a second reading of the resolution at the October 4 Council meeting. Other Conceot Plan - Lochmuir :i(ffi- Ms. Newcomb stated that this is a concept plan for 44.356 acres on the north side of Brand Road, east of Avery Road. There will be 75 lots with 10.99 acres of dedicated open space. It was reviewed by Planning Commission in conjunction with another section called, "Shannon Glen" - an 81.99 acre site, but that portion of the project was tabled by P&Z on August 5. The concept plan for Lochmuir was approved by P&z. She showed slides of the site and surrounding area and comments as follows: The density will be 1.69 dwelling units per acre. The subdivision is expected to become another phase in the Muirfield Village PUD. It will function in two parts: the area to the south of Indian Run will likely be a single-loaded private street and the northern area will have access through a non-Muirfield parcel on Avery Road. The open space dedication is proposed along Brand Road and adjacent to the north fork of Indian Run. It will be added to the Muirfield Association private open space. The Parks & Recreation Committee has voted to support this proposed open space, if the subdivision does become part of the Muirfield Village system. If it does not, the open space proposal will have to be re-examined as part of the Dublin public parks system. Local residents have stated that a landfill may exist north of the north fork of Indian Run, as the general area was previously a livestock holding pen. Further attention to this issue is advised. The north fork of Indian Run bisects the site, and the flood plain has been delineated; however, floodway information is needed on the plan and will require further study. Filling within the flood plain will require an engineering study approved by the city on the effects of the flood plain filling on the tributary boundary and downstream areas. Sanitary sewer is currently unavailable to the site; it must be provided from an extension of an existing 24-inch sanitary trunk located on the north side of Dublinshire Drive, approximately 500 feet east of Muirfield Drive. The developer should identify its location, design and cost-sharing issues at the time of preliminary development plan. The necessity for turn lanes at intersections with Brand and A very will have to be addressed, and the locations of new intersections should be coordinated to maximize traffic safety. J Stormwater management should conform to the City of Dublin standards and should include coordination with adjacent developments. Areas for stormwater management need to be identified. The Community Plan requires a right -of-way of 60 feet along A very Road and 80 feet along Brand Road. Typically, developments along Brand have provided up to a 200 foot no-build zone adjacent to the road. --.' ",' .. 1M", ,,~ On August 5, Planning Commission voted to approve the plan with 11 conditions: 1. That floodway and flood plain boundaries be accurately shown on all plat, planning, building permit, and engineering documents and that all City codes be met regarding floodways and flood plains; 2. That right-of-way along Avery Road - 30 feet from centerline - and Brand Road - 40 feet Minutes of RECORD OF Dublin City Council Meeting PROCEEDINGS Page 11 Meeting DAYTON LEGAL BLANK CO., FORM NO. 10148 Held September 20, 1993 19 3. 4. f!il'" 5. 6. from centerline be dedicated to comply with the Community Plan; That traffic study issues be addressed to the satisfaction of the City Engineer; That all utilities, street intersections, and cul-de-sacs be designed and installed as approved by the City Engineer; That the applicant submit provisions for tree preservation, a plan for street trees, and entry feature landscape plan, as approved by staff; That the proposed open space along Brand Road be enlarged and designated as a 200 foot no-build zone and be subject to the same architectural review, deed restrictions and amenity package as the balance of Muirfield Village, and be indicated on the plat; 7. That the site be included within the area controlled by the Muirfield Association and can be developed as a phase of Muirfield; 8. That the issues of detention, stream and woods preservation, and landfill removal be resolved at the preliminary development plan; 9. That the open space be deeded to the Association at the time of final plat; 10. That the developer work with the property owner to the east, Headlee, to provide appropriate mounding and screening along their property; and 11. That the developer address the concerns of the property owner to the west, Paglieri, regarding a more imaginative layout from Avery Road. Rob Meyer. 41 S. High Street. stated that he represents the applicant, Midwest Land Fund, Inc. and , Muirloch Realty, Inc., Erwin and Erwin, and Shawnee Hills Land Company. Accompanying him is Bruce Massa. Keith Myers who prepared the plan could not attend tonight. He stated that they are in agreement with all of the conditions as stated by Ms. Newcomb. .,--~ Mr. Meyer confirmed for Mayor Rozanski that the one portion of the plan on the western edge was not part of the original Muirfield Village PUD. Mr. Meyer also confirmed that they will build a bikepath over the north fork of Indian Run. fk,/ Mr. Campbell noted that an ongoing concern with plans proposed in this area has been the interrelation of the structures to the road and the creek - specifically in the area to the west of the Headlee property. He asked if this configuration provides enough depth from the road before infringing upon the flood plain. Mr. Meyer confirmed that there will be adequate space, but the configuration will change slightly to meet the condition with respect to 200 feet off of Brand Road. Mr. Campbell added that on the north side of the creek, the same concerns were raised regarding the homes which would back up to the creek. Some of the Muirfield residents to the east share these concerns, and the applicant should address these. He believes the concept plan overall is a good one. Mrs. King commented that any change of land use has some impact on the city. She wondered what commitmentslcontributions will be made with this project to the infrastructure of the city. Mr. Meyer responded that the improvement of the site itself with the open space will serve the interests of the city. They have agreed to address the need for access in the next phase of the development process. Mrs. King added that it is an appropriate land use and she is comfortable with the density. She will seek input from the Muirfield Association. She urged the applicant to adhere to sediment control requirements with the development along the creek. Mayor Rozanski asked for more information about sewer services. Mr. Massa stated that they have a contract with Shawnee Hills Land Company. That company has plans to run the sewer line from the Dublinshire 24-inch trunk. Mr. Foegler stated that the issue of financing the crossing under Muirfield Drive has been discussed as part of the court settlement on some of the Muirfield appropriation cases. The issue of alignment of sewer has not been addressed nor approved by staff at this time. He believes there is a workable solution once the 24-inch trunk is extended. II II II I I I I Mr. Kranstuber noted that this plan is drastically improved from some of the earlier concept plans reviewed, especially in the area south of the creek. Mr. Amorose commented that if there needs to be any repair to the creek to facilitate proper drainage, it should be done at the time of construction. There are some existing problems with sedimentation and blockage. He requested that the City Engineer look at the creek and make a recommendation. Minutes of RECORD OF Dublin City Council Meeting PROCEEDINGS Page 12 Meeting DAYTON LEGAL BLANK CO., FORM NO. 10148 Held September 20, 1993 19 Ms. Newcomb added that the Muirfield Association trustees reviewed the plans in July. Their concerns included the bikepath system, 90-foot lots precluding side-loaded garages, the flood issues, retention basins, and that the open space be conveyed to the Association. 'fIl"!""". ... Mr. Kranstuber moved approval of the concept plan with all conditions. Mr. Campbell seconded the motion. Vote on the motion - Mr. Strip, yes; Mr. Amorose, yes; Mr. Kranstuber, yes; Mr. Campbell, yes; Mrs. King, yes; Mayor Rozanski, yes. Concept Plan - Martin Road PUD ."'"11 Ms. Fierce showed slides and described the site and surrounding area. The subject site is approximately 15 acres situated between Martin Road and Stoneridge Lane which is under construction. She noted the following: This site was before Council in 1989 when Council approved a concept plan for a 165-unit retirement center with three office condominiums, outdoor fitness areas and amenities geared to seniors. The density of that project was 16.5 units per acre. This proposal is for 160 multi-family units with an overall density of 10.8 dwelling units per acre. It is geared toward senior housing, but not limited to that group. The proposal includes 128 apartment units as well as 32 condominiums. The previous proposal had access only along Stoneridge Lane. This proposal includes somewhat of a direct link between Stoneridge Lane at the north through to Martin Road at the south. The parkland for the site is shown as 2.1 acres, and the requirement is 3.7 acres. The proposal includes a 1.1 acre site within the middle of the condominium development and a 1 acre portion along the southwest corner of the site, including a retention pond. Staff has serious concerns about the limitation of public park areas east of the Scioto River and believes additional amenities and a pedestrian circulation system is needed here. Overall, staff believes multi-family use is appropriate as a transitional land use in the area. Staff believes this site makes a prime, senior-type location, offering access to facilities used by seniors. Planning Commission heard this case on August 5, and many Martin Road residents attended the meeting. They expressed concerns about traffic along Martin Road. The applicant indicated that a traffic study was being commissioned to address the proposed access along Martin Road. Planning Commission recommended approval of the plan with 9 conditions: 1. That the density not exceed eight dwelling units per acre; 2. That an adequate text be provided with coordinated architecture and compatible building materials with the predominant material being brick or stone; 3. That the lot coverage meet the Code requirement and not exceed 70 percent of the overall area; 4. That vehicular access be studied further; 5. That the landscaping Code be met with this project, including an appropriate buffer along the west property line; 6. That the applicant provide an adequate pedestrian system within the development to the satisfaction of staff; 7. That an appropriate level of recreational space be provided to the satisfaction of staff; 8. That 30 feet from centerline on Martin Road be dedicated; 9. That the roadway base, curbs, and gutters meet the City engineering standards. ."-..-.-,.,, "" Ms. Jordan stated that discussions have taken place about the location of the detention basin on this plan. Staff explained to the applicant that the space of the volumes that would be used for the stormwater capacity could not be figured into the calculations for the parkland. If it is marketed to seniors, the site would need to be improved with amenities such as a putting green, etc. There was also a concern about the buffer between the residents to the west. Staff looked at the possibility of bringing the parkland down the west side of the project to incorporate the bikepath. Mr. Kranstuber asked for staff's recommendation on the density. Ms. Fierce stated that staff had recommended to P&Z that the density be reduced to the 8 dwelling units per acre contained in the conditions. Mayor Rozanski asked about the requirements for parkland dedication. Staff responded that the requirement would be 3.7 acres for the proposed density of 10.8 dwelling units per acre. Ms. Jordan commented that staff is requesting that the plan be redesigned to meet RECORD OF Dublin City Council Meeting PROCEEDINGS Page 13 Meeting Minutes of DA'fTON LEGAL BLANK CO., FORM NO. 10148 ~~=~~_c~c-c,=~," ~---~ ~,...,"J Held September 20, 1993 19 100 percent of the requirements for parkland. Mrs. King asked what contribution this developer will make toward the infrastructure of the city. Ms. Fierce responded that this has not been addressed at the concept stage, but staff will likely request sidewalk and bikeway improvements and possibly a left turn lane on Martin Road. Mrs. King also noted that one factor used in evaluation of the proposal is the density of the Arbors of Dublin, but the Arbors is actually located in Columbus. It is not appropriate to consider this as a factor in deciding density for another municipality. Mrs. King does believe that it is appropriate to provide some kind of senior housing, but she is not comfortable with this level of density. Mrs. King is appreciative that stormwater issues are addressed with the Plan, although it should not be included in parkland calculation. She has concerns that the Lochmuir concept plan did not show any stormwater detention facility which could result in accelerated runoff. Mr. Strip wonders why senior housing would justify a greater density. Is it because higher density , translates into lower cost of housing? He believes this needs further analysis. i Mr. Foegler responded that it depends on how senior housing is defined, Le., what age group. Generally, the average age of residents in retirement centers is the late 70's. A high level of care center would result in less vehicles per unit, less traffic per unit, less children. Thus a case can be made for less impact on the immediate surrounding areas. The plan being considered tonight cannot be clearly categorized as a senior category of congregate care or assisted-type living facility to warrant special considerations. 't!" .....'4" Mr. Campbell's principal concerns with the plan are the density and the fact that Martin Road has been a constant source of traffic difficulties, whether real or perceived. The plan must be creative in design to keep traffic away from Martin Road. An important consideration must be not to place any additional burden on an already overloaded Martin Road. Steps must be taken in the engineering design to discourage using Martin Road as the access to this project. Mike Shannon of Thompson. Hine and Flory stated that he represents the applicant, T & R Properties in this rezoning. He apologized to area residents who were informed that the meeting would begin at 7 p.m. They have worked with area residents and civic groups to try to improve on the existing PUD. He pointed out that: 1. The project has been taken back by a bank. The senior housing was not marketable for a number of reasons. The existing PUD approved in 1989 has four acres of commercial and the remaining 10 acres for senior housing. Eliminating 4 acres of commercial, particularly that which abuts the neighboring residences, was a plus. The existing PUD called for 165 units on 10 acres and contained a more generous green space commitment. The selling point of that PUD was that there was no access on Martin Road. Current fair housing regulations prohibit limiting rentals to one population group such as seniors. Lending institutions are not prone to lend money for projects geared for one segment of the population. There are two elements: multi-family or apartment and condominiums. The 32 condo units are handicapped-accessible. Recreation amenities provided include horseshoe pits, shuffleboard, bocce. A loo-foot powerline easement and powerline runs right through the site, taking up more than 1-1/2 acres. Structures cannot be built under those lines. They will be making changes to the park proposal which is currently not acceptable. The traffic study now completed supports access from Martin Road. The preliminary stumbling block to eliminating the Martin Road access is the fact that Stoneridge Lane is not completed. He does not know when, if ever, it will be completed. They are willing to work out pedestrian access and they have been requested to provide a comprehensive recreational land use plan. The Arbors of Dublin development to the south, though located in Columbus, has a density of 15 units per acre. This does affect the value and proposed use of the property under discussion. The developer is proposing a reduction in density from the 1989 PUD of 16.5 down to 10.8. The developer is now aware that there are many issues to be worked out, but they are making a good faith effort to work with the neighbors in the area. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Discussion followed about the density issue. Me. Kranstuber stated that the traffic study on Martin Road need to be reviewed by staff before he Minutes of RECORD OF Dublin City Council Meeting PROCEEDINGS Page 14 Meeting DAYTON LEGAL BLANK co., FORM NO 10148 Held September 20, 1993 19 is convinced that there are legitimate reasons not to allow access on Martin Road. Mr. Shannon agreed to provide their study to staff. Mr. Foegler commented regarding the Stoneridge Drive completion. As part of the 5-year capital budget being compiled, staff is considering recommending inclusion of this project to Council pending a private offer of construction if some right-of-way is secured. This could constitute a more appropriate access to the site without using Martin Road. Mr. Amorose asked if the city has any traffic count figures on Martin Road, and how they would compare with Tara Hill. Mr. Shannon responded that they do. Mr. Foegler surmised that the figures for Martin Road would likely be higher as it plays the role of a commercial collector and connects two major arterials. Mr. Amorose commented that he believes this acreage could be developed at a low density, and improvements could be made to make Martin Road more similar to Tara Hill. With capital improvements on Stoneridge Lane, he believes this area would be workable. Adding this type of density on the site would not help the overall area. He added that he is very opposed to this concept plan with such a high density and little greenspace. Mayor Rozanski asked what is planned for the south side of Martin Road across from this site, just west of the Arbors of Dublin. Mr. Shannon stated that Mr. Meyer did a rezoning on that site to single family for the City of Columbus with LR-2 zoning, 50 and 60 foot lots. Mrs. King emphasized that she does not believe this applicant will receive approval for this density at 10. Mayor Rozanski stated that Council tonight is reviewing the concept in terms of land use. '"",,<" Dr. Ala Hamoudi. 3125 Lilly Mar Court, located west of the proposed area, stated that he has two concerns: 1) the density is concentrated more on the west side of the plan than on the east side; 2) he is opposed to two-story buildings since Lilly Mar is completely one-story buildings. He has traffic counts which he would like to present to the developer, but he is not prepared to make this presentation tonight. The traffic patterns on Martin Road have greatly changed since the Meijer store opened. He believes the traffic numbers will double on Martin Road. Joyce Beilharz. 3100 Lilly Mar Court, stated that she is not opposed to development of this property, but thought must be given to the entire area. She has lived in this area for 13 years and has seen many changes. She believes the density is much too high. Randy Roth. 6987 Grandee Cliffs Drive. President of the East Dublin Civic Association, stated that: 1. Area residents are concerned that the development be compatible with theirs in terms of not having two story buildings. 2. Mr. Campbell, in his comments, addressed the concerns of many residents who were at the meeting earlier in the evening but had to leave. 3. He noted that accidents have recently increased at the intersection of Martin and Crier. There is a problem in that area where senior citizens have been disturbed by drunks who have wandered into the area. There should be a creative way to address traffic without bringing it onto Martin Road. 4. Residents had in 1989 supported a higher density because it was an assisted-care facility and did not have access on Martin Road. 5. There are concerns with the single-family houses on the end road which are cut off. He would like to see the developer purchase the properties in conjunction with this plan. 6. They have accepted R-8 in other areas, but prefer to have a mix of apartments with owner- occupied facilities. Jay Beilharz. Lilly Mar Court stated that he thought the developer was going to have a different proposal for tonight's meeting - a proposal without two-story buildings adjacent to his backyard. Mr. Shannon responded that what is being presented tonight is the same concept plan that was reviewed by P&z. After tonight's meeting, suggestions will be incorporated into a preliminary development plan. Mr. Beilharz stated that he moved to his residence 13 years ago, and they had anticipated that Council would help them retain the character of their residential area. He is hopeful that they will Minutes of RECORD OF Dublin City Council Meeting PROCEEDINGS Page 15 Meeting DAYTON LEGAL BLANK CO., FORM NO. 1U148 Held September 20, 1993 19 continue to do so. He requests notification ahead of time so that he can make arrangements to attend the meeting. Mr. Kranstuber moved to approve the concept plan with the conditions of Planning & Zoning. Mayor Rozanski seconded the motion. Mrs. King moved to add an additional condition #10, that one story buildings adjoin the western border. Discussion followed about the message being sent to the developer with a positive vote on the plan, in consideration of the many issues raised tonight, including the unacceptable density and the traffic problems. Mr. Kranstuber commented that if a condition were appended on the two story buildings, then perhaps conditions should be added to address the other issues raised tonight. All of the comments made tonight are a part of the record and can be incorporated into the plan by the developer. More discussion followed. Mr. Foegler commented that since there are many issues to be resolved, the developer may save more money and do a more cost-effective job of attaining an approval by bringing back another concept. If he is willing to take the risk and go to the next step, investing more money into the preliminary plan, he does so at his own risk. The Council has certainly made their thoughts clear on the subject. ;Ai" Mr. Shannon commented that he has no delusions that the developer is remotely close to what Council wants. Mrs. King withdrew her motion to amend the conditions. Vote on the motion to approve the concept plan - Mr. Strip, no; Mr. Campbell, yes; Mrs. King, yes; Mayor Rozanski, yes; Mr. Amorose, yes; Mr. Kranstuber, yes. Reports from Council Committees There were no reports from Council Committees. Comments from Staff Mr. Foegler commented that the city has been contacted by Safety Solutions, Inc. regarding relocation to Dublin. Staff is exploring a Tax Increment Financing arrangement in conjunction with this. The proposed site is on Shamrock Court, but part of the problem is that half of it is private and needs to be made public. Legislation will likely be brought to Council within the next month. Mr. Foegler also noted that the city has received an inquiry regarding availability of water to a business on Irelan Place, off of Avery Road south of Shier Rings. If Council has no objection, staff will conduct a survey of the businesses in the area to see if there is a need and a desire to participate in such a project. Staff will initiate the survey this week. Council will receive a report back within a month. Ms. Gri~sby reported that the deadline for submission of bed tax applications was last Wednesday. Staff has received five applications and they will be forwarded to the Finance Committee. The process is now beginning to compile the operating budget. Staff hopes to bring a tentative recommended timeline for adoption of the 1994 budget to the next Council meeting. Mr. Amorose noted that the Dublin Arts Council has contacted him to request an extension for their application - it will be forwarded within the next 14 days. He has notified Mr. Strip of this request. Mr. Foegler also reported that Council has been given a copy of the EPA's formal modified orders and findings which incorporate the changes discussed reducing the required rate of inflow from 3 to 1 to 2 to 1 and also defer the detention basin an additional year. Staff is hopeful that the West Branch interceptor is under contract by that time. Regarding Danbert Construction, discussed earlier this evening, Mr. Foegler reported that Danbert was the contractor for one of the phases of the Avery Road project in conjunction with Riverside Hospital and Perimeter Center. Minutes of RECORD OF Dublin City Council Meeting PROCEEDINGS Page 16 Meeting DA'tTON LEGAL BLANK co., FORM NO. 10148 Held September 20, 1993 19 Mr. Bowman reported that the water tower is proceeding and footers are being poured. The fill has been placed in the pond for the Coffman Road project. Some underground storm sewer has been placed on the project. Staff anticipates that water line will be placed soon for the project. Council Roundtable 'fuc. -,,j Mrs. King commented as follows: 1. Could the city be growing crops on the open field behind the Summitview Road water tower in order to receive income from the land? Mr. Smith will provide a memo on this, stating that it would be a tax problem. 2. She asked if the Tuller Road project is now completed. Mr. Foegler responded that it estimated to be completed by the end of October. Mr. Campbell noted: 1. He has been contacted by Jill Chitwood, Chairperson of the 5K Run for Life which took place in Muirfield in July. She stated that staff is conducting a review of events for purposes of thinning out the number of events. Mr. Campbell believes that this event is a worthwhile event. He requested that staff contact Ms. Chitwood so that she can notify her sponsors regarding next year's plans. 2. Access Energy is in the process of expanding and is relocating to the former Warner Cable Company building. He suggested that staff facilitate the remodeling process for them as they have had some difficulties. Mayor Rozanski stated that staff has requested an Executive Session regarding the legal issues involving Muirfield Drive appropriation cases. He requests that Council meet at 6:30 p.m. for an Executive Session prior to the Monday, October 4 Council meeting. Council members concurred. The meeting was adjourned at 12:40 a.m. ~ 4 ~~ ~(!~ Clerk of Council