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HomeMy WebLinkAbout10/18/1993 Minutes of RECORD OF PROCEEDINGS Dublin City Council Meeting Meeting DAYTON LEGAL BLANK CO., FORM NO. 10148 Held October 18, 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, October 18, 1993. Mr. Amorose led the Pledge of Allegiance. Members of Council present for roll call were: Me. Strip, Mr. Campbell, Mayor Rozanski, Mrs. King, Mr. Kranstuber, and Mr. Amorose. Me. Sutphen was absent (excused). Mr. Hansley, City Manager and Mr. Banchefsky, Assistant Law Director were also present. Approval of Minutes of October 4. 1993 Meetinl! The clerk reported that the minutes are not completed at this time since she was out of town at the Municipal Clerks Career Development Program, sponsored by Kent State University. The minutes will be provided to Council as soon as they are completed. . Mayor Rozanski reported that Law Director Steve Smith recently suffered a leg injury and is not in attendance tonight. Mitch Banchefsky, Assistant Law Director is present. Awards City Manager Tim Hansley recognized the following employees as part of the "Definitely a Good Catch" awards program: Dave Marshall, Planning; Terry Peterman, Maintenance; Renee Telfer, Personnel & Purchasing; Tom Steagall and Dave Bickel, Parks and Recreation; Paul Richmond, Dan Beaudry and Scott Davis, Police Division; Gayle Harbage and Becky Stains, Tax division; Jerry Brown, Jeff Jenkins, Drew Tilley, JeffPridham, Maintenance; Roger Eastep, Building; Bill Covey, Engineering; Eileen Sommerfelt, Development. . Correspondence 1 The clerk reported that there was no correspondence to Council. Comments from Visitors Jack Chaisson. representing the Board of Trustees of Muirfield Civic Association, stated that members of their association have noted a traffic safety hazard occurring at Deer Run Elementary School on Manley Road during the hours when students arrive and depart. The construction of the new middle school has added to the traffic problems. Another factor is that Manley Road heading southbound at this location drops from a 45 mph zone to 35 and then to 20 in a short distance. Association members are requesting that the city investigate installation of flashing lights similar to those installed on Muirfield Drive at Sells Mill since there will soon be two adjacent schools in this location. Mayor Rozanski responded that this issue would be appropriate for the Safety Committee to review. Mrs. King agreed that the Committee would work with the Muirfield Association to investigate. Le~islation Ordinance No. 73-93 - An Ordinance Declaring a Nuisance at 3950 Summitview Road and Declaring an Emergency. (Tabled Ordinance) Mr. Kranstuber moved that this be taken from the table. Mrs. King seconded the motion. Vote on the motion - Mr. Strip, yes; Mayor Rozanski, yes; Mr. Campbell, yes; Mr. Amorose, yes; Mrs. King, yes; Me. Kranstuber, yes. Mr. Banchefsky reported that Officer Davis has a videotape to present tonight. He also reported that ithere was a trial conducted in Franklin County Municipal Court regarding this case. Judge Pfeiffer [found, on behalf of the defendant, that the city could not legally enforce its barking dog ordinance ias to this particular property. The ordinance was not declared unconstitutional in total, but just as iapplied to this property. The issue of whether or not the use from a zoning standpoint constitutes ia valid, pre-existing non-conforming use was not part of that trial. .iMayor Rozanski stated that Me. Van Horn has been working on a project to build kennels and runs. !Qfficer Davis showed a videotape and described the progress Me. Van Horn has made toward enclosing the kennels. He commented that the dogs did not appear to be vicious. ,Rodney Van Horn. 3950 Summitview Road. provided information to Council on his efforts toward !winning the World Championships for coon dogs and displayed his trophy. He stated that he is Imaking every effort to comply with the neighborhood residents' wishes to quiet the dogs. His only :request is not to be kicked out of his home. Minutes of RECORD OF Dublin City Council Meeting PROCEEDINGS Page 2 Meeting DAYTON LEGAL BLANK CO.. FORM NO. 10148 Held October 18, 1993 19 f' Becky Ailshire. 3946 Summitview Road, stated that she believes Council is now well aware of the problems at 3950 Summitview. Those problems still exist, in spite of Me. Van Horn's efforts to quiet the dogs and secure them. The dogs continue to bark in the daytime and early evening, and even when they are contained at night. She is hopeful that Council will vote in favor of the ordinance tonight. In response to Mr. Kranstuber, Officer David testified that on the occasions he was at the property during the day, the dogs were barking and howling, probably due to visitors being present. He added that he had never been at the property during the night hours. Mrs. King asked if Officer Davis believes that Mr. Van Horn has complied with the requests of Council in regard to the containment of the dogs. Officer Davis responded that Me. Van Horn has installed doors on the dog boxes, but he did not verify if the dogs are being contained at night. In his observation, the dogs were barking, but overall did not seem extremely loud. Mayor Rozanski asked Officer Jon Wright to comment on his observations. Officer Wright stated that he is a resident of the area. On the occasions he was called to the property, the dogs were noisy and obnoxious. His biggest concern is the lack of respect given the law enforcement officers who were sent to the property to quiet the dogs. The owners were extremely uncooperative with the officers. Rick Shibko. 8118 Glencree Place, stated that he concurs with Mrs. Ailshire - the dogs are still barking. He would never have purchased his property three years ago if he had been aware of the noise problem. Mr. Campbell asked the Law Director to comment regarding enacting legislation after the fact and directed at one individual. Mr. Banchefsky responded that: 1. Their office had considering proposing legislation similar to what the City of Whitehall has enacted which has been in the Supreme Court of Ohio on three or four occasions. This would limit the number of dogs a resident could maintain on a particular parcel. The argument was made that a city cannot retroactively pass an ordinance to put someone out of existence or that would directly affect them. The Supreme Court stated that the Whitehall ordinance was not a zoning ordinance per se, and as such, it falls under the Health, Safety, Welfare, Police powers. But it was a long fight, and another lawsuit is forthcoming for a total of four lawsuits. 2. The second option for Dublin would be a nuisance action which can be directed toward one parcel. The defense anticipated is that it is a pre-existing non-conforming use, and the defendant would have the burden to prove this and that the situation involves a use that existed before the city annexed the area. 3. There is yet another issue of whether this is a private or a public nuisance. Mr. Campbell asked if there was a reason the city is undertaking this action as opposed to private owners bringing their own civil action. There does not appear to be any safety threat from the nuisance. Mr. Banchefsky responded that the city views this as a welfare issue for other residents. Four of the immediate neighbors have participated in the minor misdemeanor criminal aspect of the case which has now been dismissed. "" Mr. Campbell commented that he is wrestling with the issue of whether the city should spend thousands of dollars in this action, or if the issue should be handled in the civil courts by adjoining property owners. Mr. Banchefsky responded that this situation is a gray area and could be seen either way. Me. Campbell then stated that anything of such a magnitude to be a public nuisance would clearly be a private nuisance. The question is whether the nuisance is of such a magnitude that it is a public nuisance. The adjoining property owners would clearly have the right to undertake a private nuisance action. Mr. Banchefsky agreed. Mrs. King expressed concern that because of a long-term, pre-existing use, the city would not have a strong position to defend from in this action. Mr. Banchefsky responded that the issue of the status of the non-conforming use was not litigated \ I I I Ii I' II " 'I Ii II Ii II II II II ii Ii II II II II 'I 11 II I' I: II II II ,! 1\ I I I I I I' II I II II II Ii II II Ii I' !I 'I II I' Ii RECORD OF Minutes of Dublin City Council Meeting PROCEEDINGS Page 3 Meeting DATION LEGAL BLANK CO., FORM NO. 10148 , -L- Held October 18, 1993 19 in the minor misdemeanor case before Judge Pfeiffer. The advantage of the civil suit is the discovery process. He added that if the area were declared a nuisance, the law director would be instructed to abate the nuisance. Typically, that would mean filing a nuisance action which would be heard as a civil case before Judge Pfeiffee. Mr. Strip commented that the issue is whether the nuisance is so offensive to the neighborhood that it becomes a City or Council matter. Mr. Strip does not believe that it is. He believes it is a neighbor issue about noise levels. The issue should be resolved by the neighbors in the civil court. It is not a city issue. Mr. Kranstuber agreed with Me. Strip. The case is in the gray area and should be handled by the private parties. Mr. Campbell added that he very sympathetic to Mrs. Ailshire's complaints, but he does not believe this is a case where the city should intervene at this point. Mayor Rozanski commented that he is encouraged by the work Me. Van Horn has done to date. Mrs. King added that Council has hopefully established a dialogue that will help to improve this situation. The ordinance can always be brought back at a later date, if Council desires. Mr. Campbell agreed that Mr. VanHorn should be aware that if the problem escalates to a public nuisance level, Council could introduce an ordinance and pass it as an emergency the same evening. Thus, it is important for Me. Van Horn to continue with his efforts to reduce the noise problem. Mr. Amorose commented that he lives a short distance away, and he will continue to monitor the situation. The neighbors can always return to Council if the situation does not improve. Vote on the Ordinance - Me. Campbell, no; Mrs.King, no; Me. Kranstuber, no; Me. Strip, no; Mr. Amorose, no; Mayor Rozanski, no. Ordinance No. 75-93 - An Ordinance Amending Chapter 339, Commercial Motor Vehicles, of the Codified Ordinances of the City of Dublin. (Tabled Ordinance) Mrs. King moved to take the ordinance from the table. Me. Kranstuber seconded the motion. Vote on the motion - Mayor Rozanski, yes; Me. Strip, yes; Mrs. King, yes; Me. Kranstuber, yes; Mr. Amorose, yes; Mr. Campbell, yes. Mr. Banchefsky stated that he was contacted by Mr. Sutphen about amending the ordinance to include emergency vehicles. This would have required a major rewrite, but further, the state code specifically exempts emergency vehicles. The ordinance before Council tonight merely modifies the penalty sections. Vote on the ordinance - Mrs. King, yes; Mayor Rozanski, yes; Mr. Strip, yes; Mr. Amorose, yes; Mr. Campbell, yes; Mr. Kranstuber, yes. Ordinance No. 81-93 - An Ordinance Accepting the Lowest and Best Bid for Sign Shop Materials and Authorizing the City Manager to Enter into a Contract ror the Procurement of Said Materials. (Third Reading) ! Mr. Hansley stated that there is no additional information at this time. , Vote on the ordinance - Mayor Rozanski, yes; Mr. Strip, yes; Me. Amorose, yes; Mr. Kranstuber, yes; Mr. Campbell, yes; Mrs. King, yes. 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. (Third Reading) Mr. Hansley reported that there is no additional information regarding this legislation. Vote on the ordinance - Mr. Strip, yes; Me. Amorose, yes; Me. Kranstuber, yes; Mr. Campbell, yes; Mrs. King, yes; Mayor Rozanski, yes. 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. (Third Reading) Me. Hansley reminded Council that Ms. Jordan and her professional staff have indicated their Minutes of RECORD OF Dublin City Council Meeting Meeting PROCEEDINGS Page 4 DAYTON LEGAL BLANK CO., FORM NO. 10148 Held October 18, 1993 19 support for this resolution. Vote on the resolution - Me. Amorose, yes; Me. Kranstuber, yes; Me. Campbell, yes; Mrs. King, yes; Mayor Rozanski, yes; Me. Strip, yes. ~- Ordinance No. 84-93 - An Ordinance Accepting the Lowest/Best Bid for Sign Posts and Related Accessories and Authorizing the City Manager to Enter into a Contract for the Procurement of Said Materials. (Second) Mr. Harding commented that staff is requesting passage by emergency tonight, as the bid prices are firm only until November 24. Mayor Rozanski noted that passage by emergency at the November 1 meeting would serve this purpose. Council members agreed. Mr. Amorose asked about the status of the changeover and replacement of signage. Mr. Hansley estimated that about 70 percent have been changed out. There will be a third reading of this ordinance at the November 1 meeting. Ordinance No. 85-93 - An Ordinance to Establish the Child Care Advisory Committee as a Permanent Advisory Committee and to Set Membership Standards for the Child Care Advisory Committee. (First Reading) Mrs. King introduced the ordinance. The clerk reported that Barbara Burkholder and Thalia Johanssen will be present at the next Council meeting to address this ordinance. Me. Hansley pointed out that this was drafted partially by staff, and partially by the citizen group. He asked Council members to give careful review to the ordinance to be sure it is consistent with the policies of Council regarding rotation of members, etc. There will be a second reading of the ordinance at the November 1 meeting. ~._.-., Resolution No. 18-93 - A Resolution Setting Forth a Statement of Services for a Proposed Annexation of 7.356+/- Acres from Washington Township, Franklin County, to the City of Dublin, Ohio as Required by Section 709.031 of the Ohio Revised Code. (First Reading) Mr. Strip introduced the resolution. Mr. Hansley stated that the proposed annexation area is south of old Dublin between the river and Dublin Road, directly across from the Llewellyn Farms subdivision. The intent of the applicant is to make this a residential development. State statute requires a statement of services to be passed by Council prior to the public hearing by the county commissioners. Mrs. King asked if this property is contiguous to any more of the currently unincorporated areas. There is a property owner immediately north of this area who has contacted her regarding a stormwater problem, and he has contemplated annexation to the city. Mr. Hansley responded that there is contiguous property both north and south, but Thomas McDowell, Jr. owns the property immediately to the north. Mr. Hansley has discussed with Chris Cline the possibility of expanding the annexation area. There is a question about the property to the east which is owned by the City of Columbus, but according to the city's maps, the land is in the township. Me. Cline's recent research shows that the land was annexed in the past to the City of Columbus. Staff will work to resolve this issue. Me. Hansley has also asked Me. Cline to contact the property owners to the south. Discussion followed about ways to encourage adjoining property owners to annex. Mr. Hansley commented that under the requirements of the Ohio Revised Code, Council must pass a statement of services for the proposed annexation, but Council could turn down the annexation when it comes back, stating that it is not a large enough area. Council has not officially adopted a policy on annexations. Mrs. King pointed out the importance of being consistent, fair and user-friendly. Council should consider the pros and cons before adopting a policy on annexations. She suggested that Land Use Committee could study the issue. Mr. Campbell asked if it would be possible to let the applicant know that the feasibility of approval of the annexation would be enhanced at the end of the process if they persuade additional property owners to come in. The city does have a financial interest in closing up the islands of township for purposes of delivery of services. Perhaps the city could subsidize the costs of any necessary additional survey for this reason. Me. Hansley agreed that Council by motion could instruct staff to contact the applicant, ask him to I II 'I I I I I II Ii II I Minutes of RECORD OF Dublin City Council Meeting PROCEEDINGS Page 5 DAYTON LEGAL BLANK co., FORM NO. 10148 Meeting Held October 18, 1993 19 add the appropriate number of property owners, and to offer that the city will pay the additional costs for the survey. Mr. Campbell moved to instruct staff in this manner. Mr. Kranstuber seconded the motion. Vote on the motion - Mrs. King, yes; Me. Amorose, yes; Mr. Strip, yes; Mr. Kranstuber, yes; Mayor Rozanski, yes; Mr. Campbell, yes. There will be a second reading of the resolution at the November 1 Council meeting. It was the consensus of Council that the Land Use Committee look at the larger policy issue for i annexations in general. Mr. Kranstuber asked staff to analyze the issues for an annexation policy as discussed. Ordinance No. 87-93 - An Ordinance Providing for a Change of Zoning of 27.763 Acres of Land Located on the Northeast Corner of Avery Road and Woerner-Temple Road from: R-IB, Limited Suburban Residential District (Washington Township Zoning) to: PLR, Planned Low Density Residential District. (First Reading) (Applicant: Deltar Corporation, c/o Christopher Cline, 37 West Bridge Street, Dublin, OH 43017) Me. Amorose introduced the ordinance and moved that it be referred to Planning & Zoning. Ms. Clarke explained that the proposal is for lots consistent with Trinity Park or Heather Glen. This is the first conversion from township zoning to city zoning. She added that most of what will be the new Woerner-Temple extension will be on the property to the immediate south of this owned by the Bees. Me. Campbell asked if this use is generally in conformance with the Southwest Area plan. As Council has recently discussed, it is important to give some direction to the applicant at the beginning of the rezoning process. Ms. Clarke stated that this is generally in conformance with the Southwest Area plan. Mrs. King stated that she had understood that the Avery Road corridor was a special planning district which could have a use other than residential, yet this ordinance calls for a residential use. The public is extremely concerned about the imbalance between the growth of residential and non- residential, and the impact of that upon the City's ability to provide services and the school district's ability to provide services. Ms. Clarke responded that most of the Avery Road corridor ended up in Area 7 which was a special use corridor with a variety of uses. This particular area has residential use even though it has Avery Road frontage. Mr. Strip suggested that in the next goal-setting session, Council enunciate a policy to encompass the concerns about the many rezonings. Mayor Rozanski stated that Council had enunciated their policies with the passage of the Southwest Area plan. Mr. Campbell stated that staff is in the process of beginning the update of the Community Plan. If Council has opinions on the mix of zonings, this should be conveyed to staff in a clear manner. Ms. Clarke stated that the land use plans, assumptions made, etc. in the Southwest Plan are all subject to revisitation in light of the Community Plan update. P" hi Me. Strip seconded the motion to refer to Planning & Zoning. Vote on the motion - Me. Amorose, yes; Mr. Campbell, yes; Mrs. King, no; Mayor Rozanski, yes; Me. Kranstuber, yes; Mr. Strip, yes. Ordinance No. 88-93 - An Ordinance Providing for a Change of Zoning of 111.203 Acres of Land Located on the East Side of Cosgray Road Approximately 1,000 Feet to the North of Shier-Rings Road from: PIP, Planned Industrial Park District to: PIP, Planned Industrial Park District. (First Reading) (Applicant: Steele Land Company, Allen S. Shepherd III, 6295 Cosgray Road, Amlin, Ohio 43002) Mr. Amorose introduced the ordinance. Ms. Clarke stated that the original rezoning for this area included appropriate development standards for the types of uses expected, but not for bumper boats, Can-Am tracks, etc. Staff is now rewriting the text to include appropriate development standards for the new recreational uses. I' II I I I I II II Minutes of RECORD OF Dublin City Council Meeting PROCEEDINGS Page 6 Meeting DAYTON LEGAL BLANK co., FORM NO. 10148 Held October 18, 1993 19 P'f Me. Amorose asked if this rezoning will include improvements to Cosgray Road. Ms. Clarke responded that Me. Shepherd has dedicated the necessary right-of-way for a left turn lane, and there is some trigger in place for installation of a left turn lane on Cosgray. There was some discussion of street lighting, but Me. Shepherd's position is that somewhere in the process, the city was to take on the obligation of street lighting on Cosgray. Mr. Amorose believes the issue should be revisited due to the changes in land use. The intersection of 161 and Cosgray will also need improvement with the increased traffic generated from the recreation areas. Mr. Hansley stated that the problem with the intersection and the road in front of the complex is that neither road is in the city limits at this time. The most the city can require is turn lanes on the city's part of the project. The city is working with the electric company under our existing contract to add street lighting for public safety purposes. Mr. Strip suggested working jointly with the township trustees to secure completion. Me. Hansley noted that these areas cross county and township lines. Mr. Amorose suggested that the city take the lead on a joint effort to improve the roadway. Mr. Hansley added that another issue impacting this is the timing of capital improvements city-wide. It would be a policy decision to spend capital improvement monies for this project versus some existing problem areas within the present city limits. Mrs. King noted that in sending this on to Planning & Zoning, it is recommended that all jurisdictions work together to resolve the issues of lighting, the left turn lane, the sight distance at Cosgrayand 161, signage at the intersection, and the generally unsafe conditions at the intersection. Mr. Hansley stated that staff will continue to work on these issues. .. iJIiiii!,'__,.<il Mr. Amorose moved to refer this to Planning & Zoning. Mr. Strip seconded the motion. Vote on the motion - Mr. Kranstuber, yes; Mayor Rozanski, yes; Mr. Campbell, yes; Me. Strip, yes; Mrs. King, yes; Me. Amorose, yes. Ordinance No. 89-93 - An Ordinance Providing for a Change of Zoning of 44.356 Acres of Land Located on the North Side of Brand Road, Approximately 250 Feet East of Avery Road and Including Frontage on Avery Road Approximately 450 Feet North of the Brand Road Intersection from: R-l, Restricted Suburban Residential District to: PUD, Planned Unit Development District. (First Reading) (Applicant: Midwest Land Fund, Inc., c/o Robert Meyer, Jr., 41 S. High Street, Columbus, OH 43215) Mr. Amorose introduced the ordinance and moved that it be referred to Planning & Zoning. Mr. Kranstuber seconded the motion. Vote on the motion - Mayor Rozanski, yes; Mrs. King, yes; Me. Amorose, yes; Mr. Kranstuber, yes; Mr. Campbell, yes; Mr. Strip, yes. Ordinance No. 90-93 - An Ordinance Providing for a Change of Zoning of 2.488 Acres of Land Located on the Northwest Corner of Sawmill Road and Bright Road from: R-l, Restricted Suburban Residential District to: PCD, Planned Commerce District. (First Reading) (Applicants: Steve Southard and M. Martha Southard, c/o Donald Plank, 326 South High Street, Suite 500, Columbus, OH 43215) Mrs. King introduced the ordinance. Mr. Banchefsky commented that this ordinance and Ordinance 91-93 were part of the subject of litigation known as the Abey parcel litigation. When the zoning was brought to Council several months ago, Council chose not to move them forward because they were the subject of pending zoning litigation. Since then, the parcel which is the subject of Ordinance 90-93 has been sold and is no longer subject to the Abey litigation. Based on that, the Law Director's office recommends that this be referred to Planning Commission. Since Ordinance 91-93 is still the subject of litigation, legal staff recommends that it not be referred to the Planning Commission. Mr. Banchefsky responded to Mr. Strip's question confirming that the parcel that was sold was an arms-length transaction to a bona fide third party purchaser. In response to Me. Campbell's question of whether the case is still pending, Me. Banchefsky stated that the litigant will have to be dismissed as there is no further standing there for her to remain in. He cannot discuss this further in open session of Council. Mr. Banchefsky has told counsel for the plaintiff regarding Ordinance 91-93 that he will recommend that Council not refer that to Planning & Zoning. I II Minutes of RECORD OF Dublin City Council Meeting Meeting PROCEEDINGS Page 7 ~- ., DAYTON LEGAL BLANK co., FORM NO. 10148 Held October 18, 1993 19 Mr. Strip and Mr. Campbell expressed concerned that sanctions could evaporate as a result of the sale of this property which was the subject of the previous COT A rezoning. Mr. Banchefsky stated that forwarding this zoning on and a dismissal of the case would not void Council's opportunity to deal with any Rule 11 questions. Mr. Strip reminded Council that in the Abey case, the litigant sued each Council member individually and personally. Therefore, Council members, individually as defendants, have a say in the final disposition of the case. Me. Banchefsky again stated that this sale was an arms-length transaction - the sale was not contingent upon rezoning. In other words, whatever action is taken on this application will have no effect on opportunities Council may have in concluding the litigation with sanctions. Mr. Campbell added that Council would not want to penalize the new owner in not allowing him to go forward in seeking whatever commercial use he is considering. Council merely does not want to jeopardize any rights with respect to the previous litigation. Mr. Campbell moved to refer this to Planning & Zoning. Mr. Kranstuber seconded the motion. Ms. Clarke pointed out that there is an error in the title - it should read that the property is located 300 feet north of Bright Road. She will have an amended title for the next reading. Vote on the motion - Me. Strip, yes; Me. Campbell, yes; Me. Kranstuber, yes; Me. Amorose, yes; Mrs. King, yes; Mayor Rozanski, yes. Ordinance No. 91-93 - An Ordinance Providing for a Change of Zoning of 23.429 Acres of Land Located on the West Side of Sawmill Road, Approximately 600 Feet to the North of Bright Road from: R-l, Restricted Suburban Residential District to: Planned Commerce District. (First Reading) (Applicant: Mary E. Hartsough, William D. Pope, Mary Charlene Pope, John F. McGibbon, Deborah A. McGibbon, c/o Tobias H. Elsass, 4937 West Broad Street, Columbus, OH 43228) Mr. Banchefsky recommended that Council not introduce this ordinance. The ordinance was not introduced. Other Final Plat - Dublinshire Section 5. Phase 4 (to be known as "Abbey Glen") (Applicant: Ohio Holding Company,c/o Timothy Kelley, 250 E. Broad Street, 11th Floor, Columbus, Ohio 43215) Legal staff has requested an executive session to discuss pending litigation regarding this parcel. Mrs. King moved to go into Executive Session. Mr. Amorose seconded the motion. Vote on the motion - Mrs. King, yes; Mayor Rozanski, yes; Me. Strip, yes; Me. Amorose, yes; Me. Kranstuber, yes; Mr. Campbell, yes. Council adjourned to Executive Session at 9:32 p.m. The meeting was reconvened at 9:50 p.m. Ms. Clarke stated that this final plat is for the last phase of Dublinshire 5. Phases 1, 2 and 3 are located to the west of Muirfield Drive and are currently under construction. This plat is for an area located east of Muirfield Drive, consisting of nearly 13 acres which will have 25 new single-family lots. The area is bounded on the south by Scottish Corners School and park, on the east by the "Orr" woods, and on the north by the Bear Run. The bikepath runs down this side of Muirfield Drive. This plat was approved by Planning Commission on September 9 with conditions, some of which have been addressed: 1. That the floodway and the loo-year flood plain be clearly indicated on the final plat; (This has been completed.) 2. That a landscape plan for Muirfield Drive be provided consistent with the area subject to staff approval; (This has not been submitted to date, but the developer has committed that it will be the same level of landscaping as has been done elsewhere on Muirfield Drive) 3. That a tree preservation plan be implemented to protect the trees during all stages of construction; 4. That the applicant submit a copy of the deed restrictions that clearly identifies the no-build zone along the south and east border of the site as a "Tree Preservation Zone"; 5. That a workable site plan is demonstrated for Lot 507; 6. That appropriate bikepath easements to both park locations be identified on the plat; (She noted that there is one bikepath easement/walkway shown on the plat before Council - a Minutes of RECORD OF Dublin City Council Meeting PROCEEDINGS Page 8 DAYTON LEGAL BLANK co., FORM NO. 10148 Meeting Held October 18, 1993 19 7. second location is supposed to be shown and would be off the other cul-de-sac.) That the developer's performance bond be submitted to include the fair share reimbursement for the construction cost of this section of Muirfield Drive in the amount of $142,349.67; (This language was included at the direction of the Law Director's office) That the city and developer explore options for installation of standard Dublin street light fixtures at the entrance to the subdivision at Muirfield Drive at Brigid's Corner with the developer installing the light fixture and the city paying for the electricity. l!I'I'""',-"f, 8. Ms. Clarke noted that in terms of the no-build zones, the developer has submitted a number of proposed site plans for those lots along the south and east border of the site. The lots with a 90-foot buildable depth barely support a house, L e., no decks or appurtenances in the rear yards. Discussion has taken place regarding a note on the plat which would reduce the no-build zone by 10 feet, retaining a 35-foot no build zone. The house would stop at the no build line shown, but some decks could extend up to 10 feet closee. Deed restrictions would still protect a 35 foot strip of woods. Staff has concerns that if there is not enough usable area on the lots for new residents, the plat will not work for them, resulting in many requests for variances. The law director's office has stated that these variances could not be heard by the Board of Zoning Appeals, but would require an entire new rezoning for the neighborhood. Staff supports a compromise which would preserve the wooded strip and at the same time make the lots usable. This would require an additional note on the plat. She noted that the developer is also willing to contribute the street lighting at the intersection - he can confirm this tonight. Mr. Banchefsky stated that Condition #7 has been discussed in executive session. , Discussion followed about the no-build zones and the desire to preserve the depth of the tree line on the part of the Indian Run Meadows residents in Phases 1, 2 and 3 of Dublinshire 5 where the areas backed up to Indian Run Meadows homes. This site backs up to the school. Mr. Campbell asked if it would be possible to require that the back of the building end at the original 90 foot no-build zone, and the only structures permitted in the next 10 feet would be appurtenances such as decks. Ms. Clarke stated that this could be handled through notes on the plat. Tim Kelley. representing the applicant, stated that the tree preservation zone is more than just a setback - the deed restrictions will prohibit even the laying of sod in that area. Me. Kelley had believed that the 90 foot dimension from the right-of-way to the back of the buildable area would be sufficient, but for the kind of homes that Mr. Y occa desires to build, it is not adequate. Mayor Rozanski proposed that the building itself could not go beyond the 90 foot dimension, but a deck or patio could extend back the extra 10 feet with a width limited to 70 percent of the width of the house. Discussion followed. Mr. Y occa, builder of the development, stated that he could communicate to the homebuyers about the no-build zones condition. fj< !l Me. Kelley noted that the other issue Ms. Clarke discussed was the location of the pedestrian access, moving it to the westerly cul-de-sac on the plat between lots 496 and 497. He said Ms. Jordan prefers this location for the pedestrian access. The developer will move the accessway to this location and note it on the plat. They are also willing to commit to installing a light fixture at the entranceway on Muirfield Drive. The developer has an agreement with staff regarding location of the electric lines. .......- 4 Mayor Rozanksi moved to add a ninth condition that the house cannot extend beyond 90 feet from right-of-way, any other appurtenant structures cannot extend beyond 100 feet from right-of-way, and the width of those appurtenant structures in that 10-foot strip cannot exceed 70 percent of the width of the house. Mr. Campbell suggested that an appurtenant structure would be a deck or patio - unenclosed structures attached to the house. Mayor Rozanski agreed to accept the amendment to the motion. , I I I II Ii Ii Ii I' II II Ii Minutes of RECORD OF Dublin City Council Meeting Meeting PROCEEDINGS Page 9 1\11'<'<""," /fIfi"""'''*' y,-, "'-"'~ .."".....~ DAYTON LEGAL BLANK co.. FORM NO. 10148 Held October 18, 1993 19 Mr. Kranstuber seconded the amended motion. Vote on the motion to add amended condition #9 - Mrs. King, yes; Mayor Rozanski, yes; Mr. Strip, yes; Me. Amorose, yes; Mr. Kranstuber, yes; Me. Campbell, yes. Mr. Kranstuber moved approval of the final plat of Dublinshire 5, Phase 4 with conditions 1 through 6, plus 8 and 9 as amended. Mr. Strip seconded the motion. Vote on the motion - Mrs. King, yes; Mayor Rozanski, yes; Me. Strip, yes; Me. Amorose, yes; Me. Kranstuber, yes; Me. Campbell, yes. Reports from Council Committees Mrs. King, Public Safety Committee Chairperson stated that the Committee has been investigating whether there is support from area civic associations and residents regarding lowering the speed limit on 745. The results show that there is not support for lowering the speed limit on 745 from 161 north to Glick, however there is a request for greater enforcement of speed limits in that area. There has also been a request that the city contact the company whose gravel trucks speed regularly on that roadway and seek their cooperation prior to the enforcement patrol. South of 161 on 745 there is no overwhelming interest for a reduction in speed limit, but there is again a request for greater enforcement of existing speed limits. Another request was made for enforcement of speed limits along Tuttle Crossing. I Lt. Geis responded that there are significant portions of 745 between 161 and Glick Road which are not within the city of Dublin, and therefore the City does not have enforcement jurisdiction. But they are aware of the comments about the speeding problems and are doing some selective enforcement in about 15 areas. Regarding the gravel trucks, the city will be doing weight and scales enforcement in conjunction with the Franklin County Sheriffs office and PUCO. One of the areas targeted for this effort is on 745. Mrs. King stated that the Committee will not be taking further action on the issue of speed reduction on 745 at this time. Mr. Kranstuber, Land Use Committee stated that the Committee met recently and discussed issues relating to a possible annexation north of Muirfield. Staff will investigate related legal issues. Me. Campbell, Public Service Committee stated that the Thursday, October 14 meeting will be rescheduled at a later date. Mr. Strip, Finance Committee noted that the budget review meeting schedule has been set. Following brief discussion, it was determined that the bed tax review of pending applications will take place on Monday, October 25 at 7 p.m. Discussion followed about the staff rating sheets regarding bed tax applications and the need to provide those to Council prior to the Committee review. Comments from Staff Mr. Hansley stated that staff is finalizing the proposed budgets at this time. Council will receive the budget in the next packet. He also noted that the fire service issue for the Union County annexation was referred to the Safety Committee, and he will meet with Mrs. King to discuss this tomorrow. Meanwhile, on October 12, the Union County Commissioners released this to Dublin, and the annexation will be before Council in December following the require 6O-day waiting period. They apparently did so without any action by Council in regard to the fire services issue. Mr. Foegler reported that the city closed on the purchase of the Romanoff building on Friday. There was significant delay in the vacation of the building by the previous owner, and thus the city will probably go to bid with improvements this week. In order to avoid substantial extra costs in lease payments, legislation accepting the bid for this work will be before Council at the second November meeting with a request for emergency action. Ms. Grigsby commented in regard to the bed tax process that guidelines were adopted by Council last year that the city would give notification to the applicants of the date when their applications would be reviewed by the Committee. Staffs intent would be to notify the applicants of the hearing dates. Minutes of RECORD OF Dublin City Council Meeting PROCEEDINGS Page 10 Meeting DAYTON LEGAL BLANK CO., FORM NO. 10148 -t Held October 18, 1993 19 Mr. Strip commented that staff could indicate that the applicants are welcome, but that they are not required to attend nor does the Committee expect that their presence would be needed. The problem ! is the large number of applications and the timeframes for completion of the process. ,;jW,. .'~ Ms. Clarke reported that at the end oflast school year, there was a request from the school district and OCLC to put up "drug-free, gun-free" signs at all of the school locations in Dublin. Typically, this type of signage has not been approved in the right-of-way or on city property. In the review underway of the sign regulations, staff has determined that the corporate sponsor listed on the sign would constitute an off-premise sign and is totally inconsistent with Dublin's signage regulations. She is seeking guidance from Council. Mr. Campbell noted that Council has undertaken a large effort to scale back the overwhelming numbers of signs in the city. He questions the need for this signage, although it is well intentioned. Traffic control signage would be more necessary in the school area. Me. Strip offered that the proposed signage would imply that other areas outside of the zone are not "drug-free" or "gun-free". Mr. Kranstuber recalled that the schools had earlier sought a large "Shamrocks" sign on the high school which was turned down by BZA since a precedent would be set for allowing large signs on churches and schools. He agrees with Mr. Campbell and Me. Strip. Mrs. King suggested that the message be conveyed to the sponsors that the city appreciates their community involvement on this important issue with suggestions for a more appropriate redirection of their efforts. Citizens have spoken loud and clear on the subject of sign proliferation. "', .;, Mr. Campbell summarized that the schools and corporations were very well meaning and this should be conveyed, but there is a limit to what the city can allow in terms of signage on the streets other than necessary traffic signage. .> Mr. Hansley commented that the city could offer to purchase the signs for what would normally be paid for blanks, and they could be refaced for other purposes. There was no objection from Council on this proposal. Council Roundtable Mr. Campbell thanked Mr. Hansley for his quick response to the residents of Indian Run who expressed concerns about traffic and other issues recently. ,,",,"<\'11II Mrs. King commented that: 1. She was in the Brecksville, Ohio area last week and visited the community center which is situated in a beautiful, campus-like setting. Mr. Campbell and Me. Kranstuber had previously described this center during discussions. She noted that the Brecksville Center has a large participation from the junior high and high school aged youth. 2. She pointed out that the new Chiller facility is meeting some of the needs of the youth in the community. 3. She noted that Mr. Strip had written to Me. Foegler on October 5 for an update on Tuller Road, and she asked about the status of this. Mr. Foegler responded that this was discussed with legal counsel and a memo will soon be provided to Council regarding the project. This should be ready by the next Council meeting. "r'~ Me. Kranstuber stated he has several issues: 1. The update of the subdivision code and its status. Mr. Foegler responded that staff is working on this, and the senior planner was assigned today to assist the City Engineer with the draft. 2. The status of the timetable for widening of 161 to Sawmill. Mr. Kindra responded that this project was recently programmed by the state, but the work will not be initiated for 3 to 4 years. 3. Goal setting dates. Mayor Rozanski responded that no date has been set at this time. He asked Me. Hansley to provide Council with an update on goals from last year. Discussion followed regarding possible presenters for goal setting. Mr. Hansley will check with some facilitators to see when they would be available. Minutes of RECORD OF Dublin City Council Meeting PROCEEDINGS Page 11 Meeting DAYTON LEGAL BLANK co., FORM NO. 10148 Held October 18, 1993 19 p""" 4. Mr. Kranstuber announced that he, Mr. Strip and Mrs. King will be attending the National League of Cities conference in Orlando on December 2-5. Mr. Kranstuber asked when the evaluations are due for Mr. Hansley. Mayor Rozanski responded that they should be returned as soon as possible. Council members agreed to attempt to begin the evaluation process at the next Council meeting. He stated that, in his opinion, the sobriety checkpoints are offensive and intrusive and asked if Council has any input into this process. Mr. Hansley responded that if Council were to institute a policy about participation in these checkpoints, staff would follow their direction. Perhaps Council would like to limit them to one or two per year. Me. Kranstuber added that these checkpoints are a violation of people's civil liberties and are ineffective. Mr. Campbell stated that he feels the same way about the sobriety checkpoints. There is a fine lint between stepping across from the public interest into private rights. Lt. Geis commented that he is a proponent of sobriety checkpoints and was instrumental in the design of the first checkpoint in conjunction with the State Highway Patrol. The operation was designed to be minimally intrusive so it did not infringe on people's rights. While Council can adopt a policy statement regarding the City's involvement, many communities across Central Ohio will actively participate in 1994 sobriety checkpoints. They are designed to deter drinking and driving by heightening awareness. Mr. Campbell agreed with the policy that people should not drink and drive; his concern is with the method with which the city is doing the sobriety checkpoints. At some point, there will be a backlash from the law abiding citizens. Lt. Geis added that the city has applied for federal monies for 1994 to operate additional sobriety checkpoints. He has received many phone calls in support of the operation, and only one negative call. If Council desires to set a policy, he suggests they visit the sobriety checkpoint sites to view how they are operated prior to making any policy decision. 5. 6. Mr. Amorose stated that he would also like an update from staff on the Hard Road extension project. He would appreciate notice of the installation of the major gas lines, etc. for that project in order to be prepared to respond to residents. "" ....01 Mayor Rozanski stated that he has noted that in the new section of the W exford subdivision on Avery Road, south of St. Brigid's, the bikepath runs behind the entry feature. His concerns are that when the area is landscaped, a jogger or bicyclist will come to the intersection hidden behind the landscaping. This will become a safety issue. It should be a consideration in the future when other bikepaths are planned. Mr. Strip moved to go into Executive Session in order to discuss land acquisition. Mr. Kranstuber seconded the motion. Vote on the motion - Me. Campbell, yes; Mrs. King, yes; Me. Kranstuber, yes; Me. Strip, yes; Me. Amorose, yes; Mayor Rozanski, yes. Mayor Rozanski announced that the meeting will not be reconvened following the Executive Session. The meeting was adjourned at 11:15 p.m. /) / \, ~/:; L,..-;:;/ f/ / ~'~ 1~~~-4>' Mayor, Presiding O~ p-- av,~A- r! _ ~A _ Clerk of Council .",..4 II II I I I II Ii II I