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HomeMy WebLinkAbout12/06/1993 Minutes of RECORD OF PROCEEDINGS Dublin City Council Meeting Meeting DAYTON LEGAL BLANK CO., FORM NO. lUl4(j Helrl December 6, 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, December 6, 1993. Mr. Sutphen led the Pledge of Allegiance. Members of Council present for roll call were: Mr. Kranstuber, Mr. Strip, Mr. Campbell, Mr. Amorose, Mayor Rozanski, Mrs. King and Mr. Sutphen. Mr. Hansley, City Manager and Mr. Smith, Law Director were also present. Approval of Minutes of November 15. 1993 Meetina= Mr. Kranstuber moved to approve the November 15 minutes. Mr. Sutphen seconded the motion. Vote on the motion - Mr. Sutphen, yes; Mayor Rozanski, yes; Mrs. King, yes; Mr. Amorose, yes; Mr. Kranstuber, yes; Mr. Campbell, yes; Mr. Strip, yes. Correspondence The clerk reported that there was no correspondence. Awards Mr. Hansley presented "Definitely a Good Catch" awards to the staff of KidZone at Scottish Corners and the counselors of Wyandot Discovery camp. Janet Jordan accepted the awards on their behalf. Stashka Lukovic and Vladka Lukovic, Parks and Recreation seasonal staff members were also recognized with awards as well as Gloria Sprague, Sarah Schear, Stacey Y oukers, Patty Rinella, Terri Oliver, Jeff Frambes, Ralph McNemer, Beth Miller and Ted Zombek. Mr. Hansley introduced Michael St. John, student intern from Dublin High School who is working at the city under the pre-professional business administration course partnership program with the schools. Michael gave a brief presentation regarding the learning experiences offered through the program. Comments from Visitors Judge Michael Close, 7360 Bellaire Avenue addressed Council regarding Dublin's restrictions that bikers ride within 3 feet of the right side of the roadway. He requests a revision of the ordinance to give bikers under certain circumstances, Le., rush hour traffic, the option of riding on the other side for safety reasons. Mayor Rozanski responded that this issue will be investigated. Lynn Rose. Solid Waste Advisory Committee announced that the City of Dublin was recently given two awards at the White Glove A ward ceremony - a Continuing Leadership award and the A ward of Excellence. She presented the awards to the Mayor. Santa Claus, visitor from the North Pole, made a surprise visit to Council and described his special gifts for the members of Council. He stated that he had a bag of presents in the lobby, but someone had filled them with smashed pop cans - most likely, Council Member King was recycling again. He had a shiny, red fire truck for Mr. Sutphen and, thanks to Mr. Strip, there are no toy guns in his bag this year. He thanked Mr. Strip for making the world a little safer. Santa Claus praised Mayor Rozanski for his efforts over the years in making Dublin a wonderful place to live. He wished a Merry Christmas to all and to all a goodnight! "" Mr. McDaniel stated that the city has been given a grant from the ODNR Division of Litter Prevention and Recycling in the amount of $23,341.00 to purchase products made from recycled content. This amount will be programmed into the city's budget. Proclamation Mayor Rozanski read a proclamation declaring the month of December as "National Drunk and Drugged Driving Prevention Month" in the City of Dublin. Mr. Hansley accepted this proclamation on behalf of Police Chief Ron Ferrell. Le2islation Ordinance No. 90-93 - An Ordinance Providing for a Change of Zoning of 2.488 Acres of Land Located West of Sawmill Road, Approximately 400 Feet North of Bright Road from: R-l, Restricted Suburban Residential District to: PCD, Planned Commerce District. (Public Hearing) (Applicant: Steve Southard and M. Martha Southard, clo Donald Plank, 326 South High Street, Suite 500, Columbus, OH 43215) Minutes of RECORD OF Dublin City Council Meeting PROCEEDINGS Page 2 Meeting DAYTON LEGAL BLANK CO.. FORM NO IU14t:J Helrl December 6, 1993 19 Registered as a proponent was Dick Braham, 326 South High Street, Columbus, Ohio. There were no registered opponents. Ms. Clarke presented slides of the site of the proposed rezoning. The request is to rezone the site from R-1 to Planned Commerce District to permit use of the existing house on the property for office purposes. Parking would be set aside on the vacant property on the south side of the site. It would be the only physical change to the site. This request was reviewed by the Planning Commission in November and the Commission recommended approval with several conditions. This site was the subject of a rezoning request two years ago brought to the city by C.O.T.A. for a Park and Ride to be located along Sawmill Road. In that case, staffhad recommended approval; Planning Commission and City Council decide that it was an inappropriate land use. In a Bright Road area study done several years ago, suburban office uses were determined to be an appropriate land use for this area. Ms. Clarke added that Columbus Traffic and Parking Engineering division has informed Dublin staff that if the number of accidents escalate or as the sheer volume of traffic increases in the area, there is a chance that the City of Columbus will put a barrier median on Sawmill Road (Sawmill Road is in Columbus). Such a median would prohibit left turns into and out of this site, and the site would then become a southbound site. One of the goals of the Bright Road study was to facilitate a road network that would provide a service road or private access easement to the back of the properties so that they would have access to the lights. ... The conditions of the Planning Commission were as follows: 1. That the applicant dedicate any remaining area to meet the minImum right-of-way requirements (56 feet from centerline) recommended in the Community Plan for Sawmill Road; 2. That provision for a vehicular connection to the north and south be included for any expansion or change in use; 3. That sewer facilities for the site be approved by the Ohio EP A and City Engineer prior to issuance of an occupancy permit; 4. That drainage, utilities, landscaping, lighting, and layout are to be designed in accordance with City standards; 5. That the applicant preserve existing trees on the site; 6. That the applicant agrees not to substantially alter the existing structure, other than as submitted, and agrees to maintain a subdued exterior; 7. That the applicant agrees to participate in a rezoning or redevelopment plan with adjacent landowners that fosters the goals of the Bright Road Area Study; and 8. That the house be removed upon any further redevelopment of the site with any use. In this case, a temporary employment service is to be located within the existing home. ...-. Staff recommends approval, and Planning Commission recommended approval unanimously. Mr. Amorose asked how condition number 7 can be enforced in terms of the level of participation required. Ms. Clarke responded that the two goals staff is pursuing in the area would be architectural coordination among the developing sites and appropriate traffic linkage, whether by private easement or public service road. The applicant has agreed to participate in such a plan, but she is not certain what form that will take. Mr. Smith added that the provision itself is very subjective. However, the goals of the Bright Road Study are very defined, so if the applicant does not participate in the redevelopment plan serving to foster the goals, he would be in violation of a rezoning condition. Staff could then deny occupancy permits or do something with the zoning. Ms. Clarke added that this particular application is limited to the existing single-family house structure, and is a temporary use as far as the applicant is concerned. Ms. Clarke confirmed for Mr. Strip that the specific use in this rezoning is for a temporary employment service. This use cannot be changed and is outlined in the development standards text attached to the ordinance. Mrs. King asked about signage on the site. Ms. Clarke responded that city standards call for a 20 square foot sign on the site. Dick Braham. applicant offered to answer any questions. They view this as a temporary, interim Minutes of RECORD OF Dublin City Council Meeting PROCEEDINGS Page 3 Meeting DAYTON LEGAL BLANK co., FORM NU lU14t:J Helrl December 6, 1993 19 use of the building until a larger plan is adopted. It consists of only 2.5 acres of the Bright Road plan covering 28 acres. There is currently no access to Bright Road from this site, and thus the applicant has incentive to be part of a larger plan when developed. The existing building will be removed when any other development occurs on the tract. Mr. Campbell expressed concern about Condition #7 and its enforceability if the surrounding property owners pursue a different use from that set in this rezoning. Would the applicant agree to conform to the use desired by the surrounding property owners? He wants the applicant to understand that if tonight's proposed rezoning is approved, and subsequently another entity comes in and wants a different development text, the applicant for tonight's rezoning would then have to agree to honor it. Mr. Braham responded that the plan would have to be a common plan agreed to by the common participants, including his client. Mr. Braham cannot bind his client to a plan they have not yet seen, but he committed to do what they can, under the circumstances, to agree. Mr. Campbell added that the risk would therefore fall upon this applicant, not upon the city, regarding the need to honor the development plan of the area consistent with the surrounding property owners. There will be a third reading at the December 20 Council meeting. Ordinance No. 94-93 - An Ordinance to Adopt the Proposed Operating Budget and Cash Capital Budget for the Fiscal Year Ending December 31, 1994. (Third Reading) Mayor Rozanski requested that this ordinance be tabled pending completion of the budget review prior to the next meeting of Council. Mr. Sutphen moved to table the ordinance until the December 20 Council meeting. Mrs. King seconded the motion. Vote on the motion - Mr. Strip, yes; Mr. Sutphen, yes; Mr. Amorose, yes; Mr. Kranstuber, yes; Mr. Campbell, yes; Mrs. King, yes; Mayor Rozanski, yes. Mr. Strip added that the next budget hearing is set for Monday, December 13 at 7 p.m. Ordinance No. 97-93 - An Ordinance Authorizing the City Manager to Enter into a Contract with the Law Director. (Second Reading) Mr. Hansley stated that staff is recommending holding this over for a third reading. Staff will request emergency adoption at the time of the third reading since Mr. Smith's contract expires on December 31, 1993. There will be a third reading at the December 20 Council meeting. Ordinance No. 101-93 (E) (Amended) - An Ordinance Amending Section 371.06(b) and Enacting Section 717.11 of the Codified Ordinances of the City of Dublin, Ohio to Permit Solicitation of Funds on Highways, and Declaring an Emergency. (Second Reading) Mr. Hansley stated that the amendment proposed on Page 2, under Section B, Part 3 should read, "shall occur only between one hour after sunrise until one hour before sunset on that date." Staff is recommending this change to allow for solicitation during daylight hours only. Staff is recommending adoption by emergency tonight in order to allow a major solicitor to make application under the new guidelines. ., Bart Mahoney. representing Charity Newsies commented that his organization is hopeful that the city will take the measures necessary to allow this year's campaign to take place on the streets of Dublin on Saturday, December 11. Last year, Charity Newsies clothed 89 children with the monies collected in the City of Dublin. He introduced the organization's president, Dave Dudley, and read a letter sent to all Charity Newsies Dublin solicitors regarding the new requirements under the Dublin Code. The Charity Newsies organization will comply with all regulations set by the City of Dublin. He thanked Dublin residents for their past support. Mr. Kranstuber expressed concern about the emergency language contained in the ordinance and asked Mr. Smith to comment. Mr. Smith responded that he previously been asked if the city would be on stronger legal ground with three readings, and he had responded that the city would be on firmer ground with three versus two readings. However, he believes the ordinance is well written and has already been adopted by two other communities, although it has not been tested in the courts. He does feel that, because of Minutes of RECORD OF Dublin City Council Meeting PROCEEDINGS Page 4 Meeting DAYfON LEGAL BLANK co., FORM NO lQI4H Helrl December 6, 1993 19 the safety measures outlined in the ordinance and restrictive hours, there is justification for emergency passage. Mr. Hansley described the measures taken by staff to notify affected parties about the proposed legislation. Staff is recommending adoption by emergency so that the largest fundraising group in the area, Charity Newsies, would have the opportunity to solicit in the City of Dublin this year. Discussion followed about the need for emergency passage due to the safety issues involved in street solicitation and the effect of passing or not passing this legislation on groups that solicit. Mr. Strip moved to waive the three-time reading rule and treat as emergency legislation. Mr. Amorose seconded the motion. Mr. Campbell stated that it is important to note that if any group were present tonight requesting emergency passage of this legislation, Council would give it equal consideration - the Newsies group is not being given preferential treatment. Council is also trying to make Dublin's ordinances consistent with surrounding communities by passing this legislation. Vote on the motion - Mr. Sutphen, yes; Mrs. King, yes; Mr. Amorose, yes; Mr. Campbell, yes; Mayor Rozanski, yes; Mr. Kranstuber, no; Mr. Strip, yes. Vote on the ordinance - Mr. Campbell, yes; Mr. Kranstuber, yes; Mr. Strip, yes; Mr. Sutphen, yes; Mr. Amorose, yes; Mayor Rozanski, yes; Mrs. King, yes. Resolution No. 19-93 - A Resolution to Set Forth a Statement of Services to be Provided to the Area in a Proposed Annexation of 20.22+ 1- Acres from Jerome Township, Union County to the City of Dublin, Ohio as Required by Section 709.031 of the Ohio Revised Code. (Second Reading) Mr. Hansley reported that the public hearing date at Union County is scheduled on January 10, so staff will be requesting passage by emergency at the December 20 Council meeting. There will be a third reading at the December 20 Council meeting. Ordinance No. 102-93 - An Ordinance Declaring Improvements to a Certain Parcel of Real Property to be a Public Purpose, Describing the Public Infrastructure Improvements to be Made to Benefit that Parcel, Requiring the Owners Thereof to Make Service Payments in Lieu of Taxes, and Establishing a Municipal Public Improvement Tax Increment Equivalent Fund for the Deposit of Such Service Payments, and Declaring an Emergency. (First Reading) Mr. Sutphen introduced the ordinance. Mr. Foegler stated that staff is pleased to announce that Safety Solutions will relocate to Dublin from Worthington. The proposed development will include a new 65,000 square foot facility to be located on the west side of Shamrock Court. The user would, upon its initial development, create a payroll tax of 1.6 million dollars. The net increase in personal property tax which is not affected by the tax increment financing is an increase of $53,000. The real property tax increase from the project which will be captured to finance the TIF is $39,000 per year. He then described the particular inducement package used to assist in development of this project - a tax increment financing tool utilized recently for Applied Innovation. The city will construct the associated public improvements for the project which include a 450-foot extension of Shamrock Court and associated utility extensions. He introduced David Forsthoffer, principal with Safety Solutions and Jim Miller of Pizutti Realty to provide an overview on the project. ff Dave Forsthoffer. 8962 MacIntyre Drive. Dublin stated that Safety Solutions specializes in the distribution of safety products as shown in the catalogues distributed to Council. They also sell services related to respiratory fit testing, audio screening prescription eyewear, and staff a wide variety of educational safety seminars. The company has achieved steady growth over the past 20 years and is presently located in Worthington. They have outgrown the Worthington facility on East Wilson Bridge Road and have made the decision to construct their expanded facility in Dublin. They will bring 62 new jobs to Dublin. For financial reasons, the city's participation in the project is vital to the expansion of the company. The improvements will make the relocation an economic reality. Jim Miller. Pizutti Development. stated that Pizutti has done a complete site search through Central Ohio for Safety Solutions and was pleased to find a suitable site in Dublin. Pizutti will own the facility and lease it to Safety Solutions. Safety Solutions currently rents their facility in Worthington. He described the building and site improvements and showed the initial renderings. The building Minutes of RECORD OF Dublin City Council Meeting PROCEEDINGS Page 5 Meeting DAYTON LEGAL BLANK co., FORM NU lU14t:J Helrl December 6, 1993 19 will be 65,000 square feet initially with a dock area and screening on the side and parking space in the front. The building is sited to add 61,000 square feet in the future. A IS-year plan has been established by Mr. Forsthoffer. Dublin is being asked to create a public improvement through the site along with related utility extensions. Mr. Amorose asked how many square feet will be retail area and how many customers they expect to service in the retail area. Mr. Forsthoffer responded that they are proposing a 1,600 square foot retail space. The majority of their customers are employees of local firms sent to pick up safety equipment as the company does not currently advertise. They hope to draw more customers with the 1-270 frontage. The walk-in retail portion of their business is less than 5 percent. The majority of their business is through outside sales representatives who work directly for Safety Solutions. Mrs. King welcomed this new company to Dublin, and thanked Pizutti Development for their role in bringing commercial development to Dublin. Mr. Strip stated that the improvements will benefit the landowner and not the tenant, and asked if the tenant will be committing to a long-term lease in view of the investment being made by the city. Mr. Forsthoffer responded that they have committed to a IS-year lease with two five-year additional opportunities to extend the lease for a total of 25 years. Mr. Sutphen moved to waive the three-time reading rule and treat as emergency legislation. Mrs. King seconded the motion. Vote on the motion - Mr. Amorose, yes; Mr. Strip, yes; Mr. Campbell, yes; Mrs. King, yes; Mr. Kranstuber, yes; Mayor Rozanski, yes; Mr. Sutphen, yes. Vote on the Ordinance - Mrs. King, yes; Mayor Rozanski, yes; Mr. Strip, yes; Mr. Amorose, yes; Mr. Sutphen, yes; Mr. Campbell, yes; Mr. Kranstuber, yes. Mr. Miller added that he has greatly enjoyed working with the City of Dublin staff on this project. As a developer and owner, he has been treated "famously" here in Dublin. He noted that Dublin, Ohio is a great place to build a high quality project. Mr. Forsthoffer thanked everyone for working with them on this project. He promised to spread the word about Dublin and send more people this way. Ordinance No. 103-93 - An Ordinance Providing for a Change of Zoning of 7.3+1- Acres of Land Located on the Southwest Corner of Post Road and Discovery Boulevard from: PCD, Planned Commerce District to: PCD, Planned Commerce District by Amending the PCD Text "Perimeter Center Subarea Standards" for Perimeter Center to Permit Expansion of Subarea C. (Applicant: Olde Poste Properties, clo Timothy D. Kelton, President, Ruscilli Real Estate Services, Inc. 2041 Arlingate Lane, Columbus, OH 43228) Mr. Sutphen introduced the ordinance. Ms. Clarke noted that this application is unusual in that, with Council approval at the November 15 meeting, the rezoning was reviewed by Planning Commission on December 2 in order to facilitate the northward expansion of Metatec. The public hearing for this rezoning will be held at the next Council meeting on December 20. Staff wants to keep this project on track in view of the large number of new jobs the expansion will create in Dublin. ~+ Mr. Campbell asked if Council will need to have emergency action on the 20th to effect this rezoning by the end of 1993. Ms. Clarke responded that she understands that the applicant will be requesting emergency action on December 20. She asked Mr. Kelton to comment. Timothy Kelton. Ruscilli Construction. 2041 Arlingate Lane, stated that they are requesting action on the ordinance at the December 20 meeting. Discovery Systems has a production requirement that calls for them to be in the production portion of the facility in June, thus requiring fast-tracking for the project. There are currently 248 employed on the site, and the first phase of the expansion will add 180 jobs. The full expansion will house 545 employees. Mr. Strip suggested that staff and the developer provide as much information as possible for the next meeting to assist Council with their decision-making in two weeks. Mr. Kelton agreed to do so. He added that the final development plan was submitted to the city today. Minutes of RECORD OF Dublin City Council Meeting PROCEEDINGS Page 6 Meeting DAYTON LEGAL BLANK CO" FORM NO 10148 II Helrl December 6, 1993 19 There will be a public hearing at the December 20 Council meeting. Ordinance No. 104-93 - An Ordinance Authorizing the Funding of a Contract Between the City of Dublin and the Fraternal Order of Police, Ohio Labor Council Regarding Wages, Hours, Terms and Conditions of Employment. (First Reading) Mr. Amorose introduced the ordinance. Mr. Harding provided brief background to Council regarding the dispatching bargaining unit. He noted that negotiations have now been concluded, and agreement in principle has been reached on a proposed contract, a copy of which has been provided to Council. In addition, pursuant to ORC 4117.1 O(b) it is necessary for the legislative body to consider no later than 14 days after the tentative agreement an ordinance approving funding for the implementation of the agreement. The body can adopt or reject the submission as a whole. If action is not taken within 30 days, the matter is considered approved under the law. Mr. Wiseman's interpretation is that the 30-day period begins today upon formal introduction to Council and the period would then expire on January 5. Mr. Harding thanked Mr. Wiseman for his assistance in these negotiations as well as the representatives of the FOPIOLC in terms of their professionalism throughout the negotiations. The staff report summarizes the contract. He noted that staff was successful in holding all benefits at 1993 levels over the next three years, and achieved concessions in one area. Staff is therefore recommending approval of the ordinance authorizing funding for implementation of the contract. Mrs. King asked what the top three items achieved through negotiation were from the employee perspective. Mr. Wiseman responded that the most important achievement was stabilization of the relationship without fact-finding. There was a stabilization in the allocation of overtime as well as the level of increases over the next three years. Mr. Strip commented that he will have some questions at the next reading since he was not able to review the contract in depth due to attendance at an out-of-town seminar this weekend. Mr. Wiseman noted that he recommends that Council consider the legislation for emergency action at the time of the third reading on January 3. There will be a second reading at the December 20 Council meeting. Resolution No. 21-93 - A Resolution to Set Forth a Statement of Services to be Provided to the Area in a Proposed Annexation of 119.6+1- 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) Mayor Rozanski introduced the resolution. Mr. Hansley stated that state statute requires passage of a statement of services for this area prior to the public hearing on the annexation before the county commissioners on January 5, 1994. The subject site is west of the Service complex on Shier-Rings Road, and extends south to Woerner- Temple Road. Staff will possibly offer an amendment to this resolution containing language such as, "if the annexation is accepted by the city." This will effectively reserve Council's right to accept the annexation. There will be a second reading at the December 20 Council meeting. --'-~ Resolution No. 22-93 - A Resolution Requesting the Delaware and Franklin County Auditors to Draw and the Delaware and Franklin County Treasurers to Issue a Draft to the Director of Finance of the City of Dublin for any Money that may be in the County Treasury to the Account of the City of Dublin. (First Reading) Mr. Amorose introduced the resolution. Ms. Grigsby stated that Council has passed similar legislation for the past two years. It allows the city to request advances from Delaware and Franklin counties for tax monies collected on the city's behalf prior to their state mandated date of distribution. She added that staff will be requesting passage by emergency at the third reading. There will be a second reading of the resolution at the December 20 Council meeting. ~-"-,,; Other Final Plat - Wellington Place. Section 1 (Applicant: Commonwealth Capital Corporation, clo Daniel Terlecki, 2121 Bethel Road, Columbus, Ohio) Ms. Clarke stated that Wellington Place is located on the north side of Brand Road opposite Minutes of RECORD OF Dublin City Council Meeting PROCEEDINGS Page 7 Meeting DAYTON LEGAL BLANK co., FORM NO 10141:1 Helrl December 6, 1993 19 "~: Coventry Woods. This 22-acre subdivision is on the northwest corner of Brand Road and Coventry Woods Drive North. The plat is for the first section of Wellington Place and includes 35 single- family lots. The site is zoned PLR. Minimum lot width is 80 feet and minimum lot area is 10,000 square feet. The preliminary plat was approved 6 months ago, and the final plat was reviewed by Planning Commission in July and was approved with 10 conditions: 1. That fences be prohibited along lots which abut all park areas with the plan and supporting text reflecting that; 2. That the final plat be changed to reflect correct property lines; 3. That "no parking" areas along 26-foot streets be designated on the plat, as approved by the City Engineer; 4. That the applicant submit provisions for tree preservation, a plan for street trees and entry feature, landscaping plans, as approved by staff; 5. That the applicant work with the Parks Division to establish natural treatment along the lot lines abutting parkland; 6. That the "sinkhole" area be cleaned up and the debris removed and the park be fine graded and seeded before dedication to the City, and that the grading and improvement plans for the entry park, especially the pond, be subject to staff approval; 7. That the plat reflect that the boulevard landscaping on Crosshaven Lane and Reserve B be owned by the City but maintained by the homeowners' association; 8. That no vehicular access be permitted to Brand Road and be designated on the plat; 9. That 25-foot no build zones be designated along the parks and be indicated on the plat; and 10. That no building permits be issued until the minimum engineering guidelines have been met for the construction of Coventry Woods Drive. p,,:-, She noted that there is a letter from EMH&T outlining the developer's efforts in meeting all of the conditions to date. With these 10 conditions, the final plat was approved by Planning Commission on July 8. There was also a waiver requested by the city for the reconfiguration of the right-of-way at the corners of the intersections, but the ordinance has since been changed making this waiver unnecessary. b. ~~r. Sutphen asked for clarification about standards for street width. Ms. Clarke responded that the current Code calls for 32 feet. The new subdivision regulations will resolve this issue, but in the interim, the Engineering division has accepted a standard of 28 feet in width, measured back to back and curb. Felix Borowitz. EMH&T and Jeff Yocca. Wellimrton Place & Associates offered to answer any questions. Mayor Rozanski noted that he objects to location of the 5.7 acres of parkland in the backyards where few people can enjoy them. Ms. Jordan noted that the parkland in this plat adjoins the larger wooded area in Brandon with a large street frontage on Brandonway Drive. Discussion followed about Council's preferences for location of parkland and the possibility of adopting formal criteria or a set of Council policies as opposed to reviewing each proposal on a case- by-case basis. Mr. Smith commented that it would probably be necessary to amend the green space ordinance to specifically require certain criteria. Council could not do this with a policy statement. oJl!IlI'~.:,-,."" Mr. Campbell emphasized that regulations should be included in the subdivision regulations and in the parkland requirements. Overregulation could possibly result in larger problems in the future. ...,.. Mr. Smith stated that policy statements are helpful to staff, but the city's greenspace and parkland ordinances have been a model throughout the midwest. The requirements can only be binding as a codified ordinance, not as a policy statement. Mr. Sutphen moved to approve the final plat with the conditions of Planning Commission. Mr. Kranstuber seconded the motion. Vote on the motion - Mr. Amorose, yes; Mrs. King, yes; Mr. Kranstuber, yes; Mr. Sutphen, yes; Mr. Strip, yes; Mayor Rozanski, yes; Mr. Campbell, yes. Preliminary Plat - Brighton Village (Applicant: Davidson Phillips, Inc., clo David Ruma, 1152 Goodale Boulevard, Columbus, OH 43212) Minutes of RECORD OF Dublin City Council Meeting PROCEEDINGS Page 8 Meeting DAYTON LEGAL BLANK co., FORM NO 1014t1 Helrl December 6, 1993 19 Ms. Clarke noted that this is a plat for a 47-unit condominium development for acreage located on the south side of Rings Road, to the east of Wilcox Road. This site is zoned PLR and the rezoning application was reviewed once by Council, the parkland was then increased and the plan was sent back to Planning Commission for another recommendation. The Planning Commission then recommended approval of the preliminary plat in September with 10 conditions: 1. That drainage detention comply with MORPC guidelines and be approved by the City Engineer, and that the final plat indicate that the maintenance of the private drive, stormwater detention areas, and private utilities will be the responsibility of the condominium association; 2. That 40 feet of right-of-way along Rings Road and the northern 30 feet of right-of-way along relocated Wilcox Road be dedicated to the city on the final plat; 3. That the right-of-way for a left-turn stacking lane along Rings Road be indicated on the final plat and constructed to the satisfaction of the City Engineer; (She noted that the applicant respectfully agreed to all conditions except Condition #3) 4. That the private drive be provided with concrete barrier curb, between curb cuts along its entire length, as approved by the City Engineer, adequate cross sections are submitted, and the name of the private street be provided; 5. That the park and tennis courts be clearly identified as public areas, and be permanently mowed by the applicant or homeowners' association; 6. That a landscape plan be submitted which includes an adequate buffer for the single-family lots to the west, incorporates and protects existing trees, grading and street trees along Rings Road with the caliper of the tree being at least 2-112 inches. Any proposed entry feature should be included on this plan; (She noted that the plan has been submitted, but it lacks the specific species and sizes in the plant listings and therefore needs to be augmented. The plat should show areas that would be snowfenced to protect existing trees.) 7. That interior lighting be provided which meets the Dublin Lighting Guidelines; 8. That the developer contribute proportionally to the sewer extension serving this site as required; 9. That before engineering construction drawings may be approved, sufficient water pressure for multi-family be verified, that stormwater design be approved and that the southern 30 feet of relocated Wilcox Road be dedicated and recorded; and 10. That the applicant submit a revised plat with the aforementioned changes, and a grading plan and landscape plan to staff within 30 days, before this is scheduled for hearing at City Council. Planning Commission recommended approval unanimously of this condominium development in a PLR zone. Ms. Clarke then provided clarification about the landscaping requirements for the perimeter of the site and that which would be along the private street. Mr. Kranstuber asked for clarification about the requirement for the left turn lane for this development. Ms. Clarke responded that staff on a consistent basis is asking for the installation of left turn lanes at residential developments. This is not based on traffic engineering studies, but instead is a policy decision so that through lanes are not impeded. /Nli"'-""" Mr. Ruma. developer stated that there is no criteria for a developer regarding installation of a left turn lane. He is planning to install a left turn lane in order to get approval, but he believes this is wrong. Rings Road will be a minor residential street. "'-,,_4 Mr. Foegler commented that Council has in the past struggled with what level of improvements developments should provide for the abutting road system. Rings does not begin to meet the most minimal of residential street standards. Some discussion has taken place by Council previously regarding requiring a developer to do curb, sidewalk and gutter along his entire frontage. In a case where staff does not foresee an improvement in the short term through the capital budget on rural streets serving as a residential collector, and given the current pavement width, if left turn storage is not provided for movement into these roads, all traffic is effectively stopped. This left-turn lane policy has been applied consistently on two-lane major collectors in order to protect the capacity of the roadways. Mr. Sutphen moved to approve the preliminary plat for Brighton Village with the 10 conditions imposed by the Planning Commission. Mr. Kranstuber seconded the motion. Minutes of RECORD OF Dublin City Council Meeting PROCEEDINGS Page 9 Meeting DAYTON LEGAL BLANK co.. FO~M NO l014t:l Helrl December 6, 1993 19 Mr. Ruma added that Condition #5 imposed by Planning Commission should state "permanently mowed" instead of "permanently maintained" by the applicant or homeowners' association. Mr. Sutphen and Mr. Kranstuber accepted this amendment. Vote on the motion - Mr. Campbell, yes; Mrs. King, yes; Mayor Rozanski, yes; Mr. Strip, yes; Mr. Amorose, yes; Mr. Sutphen, yes; Mr. Kranstuber, yes. Preliminary Plat - Wedgewood Hills (Applicant: Boston Development Company, clo Robert E. Blackburn, Bird and Bull, Inc., 2875 W. Dublin-Granville Road, Worthington, Ohio) Ms. Clarke stated that Wedgewood Hills is zoned PLR for 91 single-family lots with 10 acres of parkland. The preliminary plat lays out how this 80 acres is going to be subdivided. Planning Commission recommended approval as submitted with 17 conditions. The most contentious condition involved the extension of Stockport Circle, and there is a memo from Mr. Foegler explaining the importance of extending this in order to service the adjacent property to the west. The conditions of approval are: 1. That left turn lanes entering and exiting the development onto Summitview Road and streetlighting at the entry be designed and installed to the satisfaction of the City Engineer; 2. That complete design and construction drawings be provided as approved by the City Engineer for the improvements needed at the intersection of Riverside Drive and Summitview Road prior to issuance of occupancy permits; 3. That the Chippenham Drive entrance onto Summitview Road be platted and constructed with this development as approved by the City Engineer; 4. That Chippenham Drive be constructed as a 36-foot street" with a verified connection into Delaware County, and as approved by the City Engineer; and that other streets be constructed as 28-foot streets (back to back); 5. That the Stockport Circle sewer and water utilities be extended to the west property line; 6. That the developer address and provide a plan for sanitary sewer service to properties not included in the sanitary sewer diversion, to the satisfaction of staff prior to approval of engineering construction drawings; 7. That placement and design of detention ponds including the pond in the Block 4 park be determined by a joint field meeting involving staff, the developer and his arborist before final engineering design is completed; 8. That the location of sanitary sewer and water service tap locations be determined by a joint field meeting involving staff, the developer and his arborist before final engineering design is completed; 9. That a detailed tree preservation and protection plan be included in the engineering construction drawings; 10. That stormwater management be designed according to the requirements of the City Engineer; 11. That the developer extend the water line from Sandwich Court to the east edge of the park, or as otherwise requested by the City Engineer; 12. That the second bikepath connection, proposed in the northerly cui de sac, be provided to Summitcrest Lakes subject to field placement; 13. That R-2 development standards for rear yard, side yard, height, etc. be adopted and an appropriate definition of no-build zones and any fencing restrictions; 14. That any entry features andlor entrance signage and street tree plan conform to Code and be subject to staff approval; 15. That the developer locate all utilities possible within the right-of-way; 16. That the combined field meeting noted in Condition #7 above be used to create mutually agreeable standards for restricting driveway placement, especially relating to landmark trees; and 17. That blasting will not be permitted for utility or house construction. Discussion followed about the reasons for imposing Condition #17. Mr. Ruma stated that it is not an issue as supported by the soils studies performed on the site. Mr. Ruma added that he agrees to comply with all 17 conditions. Mr. Sutphen moved approval of the preliminary plat for Wedgewood Hills with the 17 conditions of Planning and Zoning Commission. Mr. Strip seconded the motion. Minutes of RECORD OF Dublin City Council Meeting PROCEEDINGS Page 10 Meeting DAYTON LEGAL BLANK CO., H)RM NO. lU14tj Helrl December 6, 1993 19 Randy Roth. 6987 Grandee Cliffs Drive asked for clarification about Condition #10 and about tree preservation within the stormwater detention basins. The East Dublin Civic Association thought there was agreement in principle for a stormwater solution that would help with the downstream problem and that the trees would be saved within the basins. He would like a status report on this. Mayor Rozanski suggested that Mr. Roth contact staff tomorrow. Vote on the motion - Mr. Campbell, yes; Mrs. King, yes; Mr. Kranstuber, yes; Mr. Strip, yes; Mr. Sutphen, yes; Mr. Amorose,yes; Mayor Rozanski, yes. Finance Committee Recommendations for Hotel/Motel Tax Fund A wards Mr. Strip, Finance Committee Chairman noted that a summary sheet has been provided to Council regarding the recommendations. All applicants have contacted the clerk and expressed their willingness to accept the recommendations. The recommendations of the Committee are as follows: Dublin Chamber Music - $750.00; Cystic Fibrosis Foundation - $1,000.00; Team Columbus Criterium Championship - $25,000.00; and Team Columbus Cycling Challenge - $8,000.00. The recommendations were based on a determination of need as well as the consideration of future funding needs from bed taxes for the Community Center. The DY A application is on hold pending receipt of additional information. Following brief discussion by Council, Mr. Sutphen moved to approve the recommendations of the Finance Committee for bed tax awards. Mr. Amorose seconded the motion. Vote on the motion - Mrs. King, yes; Mayor Rozanski, yes; Mr. Strip, yes; Mr. Sutphen, yes; Mr. Amorose, yes; Mr. Kranstuber, yes; Mr. Campbell, yes. Mr. Strip added that a couple of applications have recently been forwarded to the Committee, but under the adopted deadlines, the Committee will wait to meet until there are adequate applications to justify a meeting. .. At this point, Judge Michael Close asked if the Convention Bureau issues raised at the last meeting would be discussed since there had been a request made that a representative attend tonight's meeting. Mayor Rozanski responded that representatives from the Bureau are unable to attend tonight or on " December 20 to have this discussion. The issue involves the change of the Bureau's bylaws and change in the City's representation to the Bureau's Board from two representatives to one. Mayor Rozanski asked Mr. Smith to comment. Mr. Smith noted that he was asked to look into two issues: the notice issue with respect to the change in bylaws and the issue of whether or not the Bureau's Board had the authority to terminate the member appointed by Council during the member's term. It appears that proper notice and waivers were given to Board members with respect to the bylaws. The second issue is a little more complicated. Mr. Smith also reported that he had talked to Mr. Rubin, President of the Bureau's Board and the Bureau has sent a proposal to the Chamber and is awaiting their reply. Since the item was not on the Council agenda and a proposal has been offered to resolve the situation, Mr. Smith had assumed that the issue would be discussed at the December 20 Council meeting. However, Mr. Smith was not aware that Mr. Rubin or his representatives were unavailable on December 20. Mr. Smith is working on a memorandum to Council outlining the options available should they wish to become involved in this controversy. ~";"';d Mr. Campbell stated that he had asked whether there was any statutory authority creating the Board in which Council had any involvement. From Mr. Smith's comments tonight and from the information contained in the packet, Council does not have any continuing input over the appointment of the two persons representing the City. The remaining issue is can the Bureau amend their bylaws mid-term to effect a change from two to one representative. Mr. Smith responded that the final issue becomes can they terminate someone's position who was appointed by Council for a two-year term during the term. He does not have this answer tonight. He prefers to provide this to Council in a written memorandum. Mr. Strip agreed that the Bureau is autonomous, however they are funded with tax dollars. He finds it incomprehensible that a representative cannot come to Council this month to discuss these important issues. He finds it unacceptable to give an organization this amount of funding each year and then have them reduce the city's representation on their Board by 50 percent. He is prepared Minutes of RECORD OF Dublin City Council Meeting PROCEEDINGS Page 11 Meeting DAYTON LEGAL BLANK co" FORM NO l014tf II Helrl December 6, 1993 19 to review the ordinance and propose possible amendments to the ordinance. Mrs. King responded that Mr. Rubin's letter sent to Council promptly after concerns were raised by Council indicated that it was the City Council's representative who made the motion to terminate the Council appointees. Council should discuss the issue first with their own representatives. Secondly, the real issue is the tax money and how it flows through the Convention Bureau and into the Chamber of Commerce as an add-on to the rent that is collected. The underlying issue is a rent controversy between the Chamber and the Convention Bureau. Council does not have an appropriate role in resolving such a controversy. If Council wants the Chamber to perform some economic development work for the City, it could be handled as a direct grant upfront. The entire issue is better discussed in a separate forum. Mr. Strip stated that his sole concerns are accountability of funds and representation on the Board since the City funds the Bureau. Mayor Rozanski stated that with the new bylaws, outside representation on the Bureau from the Chamber and the City will be greatly limited. This is the issue about which several Council members are concerned. Mr. Hansley stated that he understands that the two present Council-appointed representatives would remain on the Board in another category, Le., at-large representation. Mr. Strip responded that the issue still remains that the city's representation has been cut in half in an organization 100 percent funded by the city. Mr. Campbell noted that the funding is by state statute which mandates that the city provide 25 percent of bed tax dollars to the Convention Bureau upon its creation. Mr. Smith noted that he will provide a memo to Council to clarify these issues. Judge Close addressed Council, stating that under state statute, Dublin could fund the Columbus Convention Bureau if they desired. Mr. Campbell responded that once the body is created, the 25 percent goes to that body. If there is no convention bureau, it would then go to the Columbus Convention Bureau. Judge Close provided background to Council about the construction of the building housing the Chamber and funding sources for the same. It was anticipated in the original plans that the Chamber would share the building with the new entity created - the Convention Bureau - an organization to be funded with 25 percent of the bed taxes. The Chamber was to be responsible for collecting the rents and making the payments, and for collecting enough additional money to do the improvements necessary to the building over the following 20 years. For this reason, the Chamber is collecting more than they need on a monthly basis in order to provide for needed improvements. He believes Council's efforts should be directed toward mediating the rent dispute. He expressed disappointment that this item was not included on tonight's agenda. Mr. Campbell responded that if this item were placed on the agenda, Council would then deal with it. ....,- .'" Discussion followed about whether or not the city spent capital improvement dollars for the Chamber facility. ~,.",.jj More discussion ensued about the large amount of tax dollars involved and the importance of having communication from the Bureau and from Council's representatives to the Bureau about the issues which have been raised. Mr. Campbell suggested that this item be placed on the next agenda, and Council's representatives to the Bureau be requested to attend to address issues. Discussion continued. Mayor Rozanski asked that the clerk invite the Council representatives, Marlaine Manus and Karen Pierce to attend the December 20 Council meeting to address issues Council has raised. Mr. Smith also suggested that Dan Rubin could be invited to attend in January, if Council desires. Minutes of RECORD OF Dublin City Council Meeting PROCEEDINGS Page 12 Meeting DAYTON LEGAL BLANK CO., FORM NO. 1014tj Helrl December 6, 1993 19 Reports from Council Committees Mr. Kranstuber stated that the Land Use Committee will meet on Wednesday, December 15. ~. Mr. Campbell reported that the Public Service Committee will meet on Thursday, December 9 at 8:30 a.m. ..''''''' Mrs. King reported that the Public Safety Committee will meet tomorrow, Tuesday, December 7 at 7:30 p.m. Issues to be considered are the Bright RoadlRiverside Drive intersection safety issues and the school crossing signage issue. Comments from Staff Mr. Foegler stated that recent discussions have taken place with Columbus regarding completion of an agreement related to the roles of each party in the West Branch interceptor construction. Plans are 70 percent complete at this time, and the City will soon be asked for reimbursement of engineering expenses to date. The agreement will come before Council in the next few months for this issue. The project is proceeding on schedule, and is likely to go to bid in the spring with construction beginning in the latter part of the fall. The total first bill is close to $1,000,000, consistent with previously provided budget figures. Mr. Kindra reported that the Ohio EP A director has now signed the order changing the ratio from 3 to 1 to 2 to 1 for III removal. He also noted that Innovation Drive has now been accepted conditionally. The city's new traffic signal technician commenced employment two weeks ago. Ms. Jordan commented that Brighton Park subdivision's park has now been signed off on by the city. The project involved a different application of the greenspace ordinance, but has turned out very nicely. ., Mr. Lenz stated that the 5800 building project is scheduled for completion on December 23. He also noted that there has been an increase in commercial building permits in recent weeks. Council Roundtable Mr. Amorose asked Mr. Kindra to investigate the berm condition on Bright Road where there are drop-offs of 3 to 4 inches in some areas. Mr. Kindra responded that Bright Road has been added to the repair list for the 1994 street maintenance program. Mr. Amorose asked that staff look into temporary repairs in the interim. Mr. Strip commented that he learned at the National League of Cities convention that Dublin is running a very good city. In most cases, Dublin is already doing the innovative programs described at the meeting. He praised staff for their excellent management of the city. ~""e Mayor Rozanski noted that he would like to set a meeting date for the City Manager's evaluation, and requested that Council members turn in their evaluations. Mr. Campbell suggested that the evaluation be done after the budget hearing on Monday, December 13. Mr. Hansley stated that a special meeting of Council would be necessary where Council would go into Executive Session to discuss this personnel matter. Mr. Sutphen moved to meet in special session on Monday, December 13 at 7 p.m. for the purpose of completing the Finance Committee's budget review and completing the evaluation of the City Manager. Mr. Kranstuber seconded the motion. Vote on the motion - Mayor Rozanski, yes; Mr. Strip, yes; Mr. Sutphen, yes; Mr. Amorose, yes; Mr. Kranstuber, yes; Mr. Campbell, yes; Mrs. King, yes. ~",* Brief discussion followed about possible dates for a team building program for the new Council. Mrs. King asked Council members who will serve in 1994 to check on the January 22 and January 29 dates and call the clerk tomorrow. Mayor Rozanski also noted that board and commission applications have been submitted, and due to the Planning & Zoning meeting on January 6, the appointments will need to be made at the December 20 Council meeting. Minutes of RECORD OF PROCEEDINGS Dublin City Council Meeting Page 13 Meeting DAYTON LEGAL BLANK CO.. FORM NO 1U14tj Helti December 6, 1993 19 Discussion followed. Mr. Campbell suggested that new Council members be included in the discussions. p' .~ Mayor Rozanski asked that the clerk provide copies of the applications to the new members of Council so that they could review them. Hopefully, an ordinance can be drafted for the December 20 meeting if there is consensus on candidates. .... "" Mr. Amorose moved to go into executive session for legal and personnel matters. Mr. Sutphen seconded the motion. Vote on the motion - Mr. Sutphen, yes; Mayor Rozanski, yes; Mrs. King, yes; Mr. Amorose, yes; Mr. Kranstuber, yes; Mr. Campbell, yes; Mr. Strip, yes. The meeting was adjourned at 10:45 p.m. ~JJjJ May r P iding <bfficer ~(L~ Clerk of Council .-.,."