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HomeMy WebLinkAbout04/22/2002 RECORD OF PROCEEDINGS uummHmm~~m~m~u~m#u~~mh_~~$~,]\1inute~$$of __$~=~#u~m_~h~~~$~,",_Dublin Cj,!Y~1l9lJ1}cil ~m_~_~'$$m~ Meeting --""""""'~-W=W"""'#="'''''''''''~_'''''''''W'''''''''''''''_~_''''Mwp~""".v/m~//_ff' DAYTON LEGAL BLANK CO., FORM NO. 10148 Heln April 22, 2002 19 Mayor McCash called the Dublin City Council meeting of April 22, 2002 to order at 7:00 p.m. Mr. Kranstuber led the Pledge of Allegiance. - Roll Call Council members present were: Mayor McCash, Mr. Kranstuber, Mr. Lecklider, Mr. Reiner, and Ms. Salay. Vice Mayor Boring and Ms. Chinnici-Zuercher were absent ( excused). Staff members present were: Ms. Grigsby, Mr. Ciarochi, Ms. ReadIer, Mr. McDaniel, Ms. Clarke, Mr. Kindra, Mr. Harding, Ms. Puskarcik, Mr. Stevens, Lt. Von Eckartsburg, Mr. Hahn, Mr. Husenitza, Mr. Price, Ms. Hoyle, and Ms. Crandall. Approval of Minutes Mayor McCash moved to defer the approval of the April 8, 2002 Council minutes until the May 6, 2002 Council meeting. Mr. Kranstuber seconded the motion. Vote on the motion: Ms. Salay, yes; Mr. Lecklider, yes; Mr. Reiner, yes; Mr. Kranstuber, yes; Mayor McCash, yes. Mayor McCash stated that Bob Zuercher, husband of Council Member Chinnici-Zuercher died suddenly last week. He also learned this morning that Bill Chambers, former Council Member and Dublin School Board President died yesterday. He asked that everyone observe a moment of silence in remembrance of them. Citizen Comments - Wallace Maurer. 7451 Dublin Road. stated that he has two topics to address: I 1. City Manager Profile - He noted that the profile reads as a description of former City Manager, Mr. Tim Hansley. He inquired if a meeting related to this topic has been scheduled before the next Council meeting, and if any action has transpired on the subj ect during the past two weeks. Mayor McCash responded that Mr. Harding has provided an update on the recruitment status. No formal meeting has been scheduled, and nothing has occurred regarding this subject during the past two weeks. 2. Appearance of Fairness Doctrine - He inquired ifthere has been any previous legislation on this subject. Mr. Kranstuber responded that there has been no previous legislation. Mr. Maurer inquired about the status of the issue. Mr. Kranstuber responded that it has been referred to Administrative Committee for review. The newspaper articles indicated that the focus of the legislation is access to Council, however, that is not so. The issue is with disclosure of discussion regarding public business between a Council member and a member ofthe public. It would require that information be disclosed at the time of the Council hearing. Mr. Maurer stated that he supports the concept. Could adoption of such legislation result in any retroactive application? Mr. Kranstuber suggested that no discussion has occurred on that subject, but typically, a r--- new law cannot be applied retroactively. He suggested that Mr. Maurer attend the future meetings at which the proposed legislation would be discussed and offer his ideas at that time. Mr. Maurer stated that the proposed law would not appear to jeopardize the Council representative on the Planning and Zoning Commission. In the past, he has offered his opinion that Section 3.06(d) of the City Charter is unconstitutional. The proposed legislation would effectively terminate that practice. He requested that the two new Council members evaluate that section during consideration of the new policy. Correspondence The Clerk stated that a Notice to Legislative Authority was received regarding transfer of a II r- I I 'i' "'{ . H, iIiIiU;'I.,i! . . . ! '" RECORD OF PROCEEDINGS _$~ff~~uumu$~,uu$$~'~~~$_lY1inu~~~~~'_~m~~u~~~m$~",~~"~~~$u_~j)~bli!LCitY.w~2QllsjL_~u~,~__E!~~~,~uum,~uu~~u~~!,~~uuh~~,,_~~ DAYTON LEGAL BLANK CO., FORM NO. 10148 Heln April 22, 2002 19 liquor permit to Calimira LLC, 6644 Perimeter Loop Road, from Damon's Sawmill, Inc. located at 6649 Dublin Center Drive. There was no objection to the transfer of this permit. -- Staff Comments Ms. Grigsby: 1. Noted that information has been provided to Council tonight regarding the Public Services Committee meeting scheduled for Wednesday, April 24th for discussion of a City utility tap fee policy. 2. Referred to a memo from Legal staff regarding the proposed architectural diversity ordinance. Staff proposes scheduling the following on the May 6 Council agenda: (1) direction regarding the architectural diversity ordinance; and (2) appointment of the Unified Development Code subcommittee for review of residential subdivision guidelines. Mayor McCash stated that at their January 24,2002 joint meeting, Council and the Planning and Zoning Commission approved the formation of a UDC Task Force and an appearance code subcommittee. He noted that the BIA has responded with the recommendation that Charles Driscoll be appointed as their representative. He has contacted a couple of architects, including Dave Melecca, who has done extensive design work throughout the area. Still needed are a Council representative and two community representatives. He inquired how Council would like to recruit the community representatives - review the recent P&Z applications received for 2002 appointments, or advertise? Ms. Salay responded that recent P&Z applicants could call and ask that they be considered for appointment to this subcommittee; however, she would also like to see the opportunity opened up to the community. - Mayor McCash requested that staff advertise the notice of recruitment as soon as possible and that it be posted on the City's website. Ms. Salay asked about the time commitment anticipated for the subcommittee's study. Mayor McCash responded that because 80-90% percent of the draft document is completed, July 1,2002 is the suggested date for introduction as legislation. Ms. Clarke: 1. Stated that City Council had requested that a series ofP&Z/BZA training sessions be held. The first session was held last Thursday evening, and six of the seven Commission members and three of the five BZA members attended. The orientation tour is scheduled for May 4, 2002. 2. The community meeting requested by Bill Yoder for discussion ofthe rezoning of the southwest area is scheduled for April 25th. Notices ofthe meeting have been sent to the affected property owners. Mayor McCash stated that as part of the Unified Development Code (UDC) re-write, Council has requested an update ofthe July 4th UDC draft, with a tentative May 2002 date for presentation to Council. Is staff on schedule for a presentation in May? Mr. Ciarochi requested that the update be scheduled for the May 20th Council meeting agenda. Mayor McCash stated that a second item underway was a review of the technical aspects of the procedures and processes in the UDC re-write. He inquired if this should be assigned to -- the Legal staff, in the interest of keeping the project on schedule. Mr. Ciarochi stated that this portion is being done by the Planning division staff. Mayor McCash suggested thafMs. Grigsby, Mr. Ciarochi, the Law Department and the Planning Division meet to review the status of the technical portion. Ms. Clarke asked for clarification. Mayor McCash then read a couple of recommendations from the UDC list of goals, which were also developed at the January meeting. Ms. Clarke stated that the UDC rewrite will clarify those issues. After this draft is distributed, additional review would be appropriate. Mayor McCash stated that further direction will be given following the May 20th presentation. I r--..,..., " ',', ;, :: I 1.1."'1.", lUll!! i iilill!..]';,,,,,!! I . RECORD OF PROCEEDINGS Minutes of D bI' C't C '1 M . ffw'w'~m~"'mmh"~~mmUUwm$~'~~~U_"_H~m~~m~~U~Uh~~_~~Uh~~~~_$~~~~ U -l~l!YUhm,,,~9w'!:!llf!~,,""'m~$UhUUh~~mm~u~~mH~Puum'!Em~,uu~~~'~m~m.~~un~""m~,uum,~~uu DAYTON LEGAL BLANK co.. FORM NO. 10148 Heln April 22, 2002 19 i Mr. Kindra: 1. Stated that per Council's request, information regarding ODOT procedures and specifications for noise walls has been provided in the packets. A recent e-mail from - ODOT has been provided with tonight's meeting materials. ODOT is requesting a letter from the City of Dublin regarding the City's position on the noise walls. No public information meeting has been scheduled to date. Mr. Reiner inquired if staff has received any feedback from the condominium owners along 1-270 expressing their interest in or opposition to a sound barrier? Is the community aware of the proposal? Mr. Kindra stated that he has forwarded a copy of all the material provided to Council to Lee Grabill, President of the Homeowners Association. Mr. Grabill has responded that he has the materials, but has not had an opportunity to review them. Mr. Reiner stated that he would prefer not to refuse ODOT's proposal until the community has had the opportunity to express their opinion. Mayor McCash stated that previous Council direction was for staff to contact the residents to determine their interest in a noise wall. Ifthere was interest, the City would have the opportunity to then suggest alternatives to achieve the same purpose, before ODOT would proceed with construction of the walls. Ms. Salay stated that opinions on the subject were received from two Willow Grove residents. Ms. Grigsby stated that staff would follow-up with the residents and report back to Council. Mr. Lecklider suggested that, in order to be consistent, staff should contact the other affected property owners along 1-270 - not just the Willow Grove property owners. ,..-.. Ms. Grigsby stated that staff would do so. Ms. Puskarcik stated that staffhas received a request from the Memorial Tournament requesting that tthe City consider extending the permissible hours for refuse collection before, doing and immediately after the Tournament. This request is similar to the consideration requested for traffic and signs. Staffwill prepare a resolution for the May 6th Council meeting. Mayor McCash suggested thatthis information be provided to the Muirfield Association for their membership. Mr. Reiner responded that the Muirfield residents would not object to the pick-up ofthe outlying containers. However, they would likely object to the noise from the large waste- management dumpsters adjacent to the 'residential community itself. Is the Memorial Tournament asking for this consideration for all ofthe dumpsters? He suggested that the dumpsters by the homes be emptied earlier; and that those by the Clubhouse could be emptied later. Ms. Puskarcik stated that she would review the request, and ask for consideration of sequencing the pick-up of trash, similar to Mr. Reiner's request. LEGISLATION TABLED ORDINANCE j~ Ordinance 61-02 - An Ordinance Authorizing the Provision of Transportation Services for Purposes of Continuing the Expansion by a Company of Its Operations Within the City, Authorizing the Execution of a Related Shuttle Service Agreement, Appropriating Funds Therefor, and peclaring an Emergency. Mr. Stevens stated that he has met withCOTA representatives, and COTA has agreed to add a stop to its express route service at the 5100 Rings Road Nationwide building. The City has agreed to a shuttle service that operates mid-day - 11 :00 am to 2:00 p.m. This more closely meets the intent of the economic development agreement with Nationwide adopted in 2000. The specific changes to the proposed agreement with Nationwide for transportation services (includyd with Ordinance 61-02) are: (1) In Section 2C, the maximum daily cost is now $170.00 as opposed to $228.00; (2) In Section 3, the expiration date has moved from June 30 to July 5. In the amended ordinance, the appropriation amount is changed to $11,050. The proposed routing will provide service to Tuttle-area , I n- i ,! ibilll!! illl1l" .', . . i RECORD OF PROCEEDINGS w~~m"$m~um#_~~m~m~~ Mi!1ute~_ of~~_~$_~~m~'~"'-'__~"m~u~, Dl1l?li!?- C!1Yu#u~gJ!nsiL~~u~~__m~_~~rff~B~m~L~",~~etjng~mhmm~m$~Hm DAYTON LEGAL BLANK CO., FORM NO 1014e Heln April 22, 2002 19 businesses and will also include access to the Historic Dublin area, the Recreation Center, Perimeter Center, and the Tuttle Mall. It is a three-month trial-basis service. The agreement contains criteria to evaluate the continued economic feasibility of the shuttle service. Mr. Reiner requested that the report provide the number of users of the service. r-- Mr. Stevens indicated that informatioriwill be included. Ms. Salay inquired ifthe shuttle service is limited to Nationwide employees. Mr. Stevens stated that the service will be provided to all Tuttle area employees. Mayor McCash moved to amend ordinance 61-02 in accordance with the memo provided regarding the updated service. Mr. Reiner seconded the motion. Vote on the motion: Mr. Reiner, yes; Mr. Kranstuber, yes; Ms. Salay, yes; Mayor McCash, yes; Mr. Lecklider, yes. Mr. Kranstuber moved for emergency passage. Mr. Lecklider seconded the motion. Vote on the motion: Mayor McCash, yes; Mr. Lecklider, yes; Ms. Salay, yes; Mr. Reiner, yes; Mr. Kranstuber, yes. Vote on the Ordinance: Mr. Kranstuber, yes; Mayor McCash, yes; Ms. Salay, yes; Mr. Reiner, yes; Mr. Lecklider, yes. SECOND READING/PUBLIC HEARING - ORDINANCES Ordinance 48-02 - An Ordinance Accepting the Annexation of 60.4+/- Acres from Jerome Township, Union County to the City of Dublin. Mr. Maurer inquired if legislation scheduled for a second reading/public hearing is posted public review. The Clerk indicated they are posted after passage, not prior to passage. ,--., Mr. Maurer inquired if copies are available in the Clerk's office for public review. Mr. Kranstuber stated that they are. Mayor McCash stated that the agenda is published in the newspaper and at the City's website. Citizens may call the Clerk's office and request a copy of a particular ordinance or resolution prior to the meeting. Vote on the Ordinance: Ms. Salay, yes; Mr. Lecklider, yes; Mayor McCash, yes; Mr. Reiner, yes; Mr. Kranstuber, yes. Ordinance 50-02 - An Ordinance Accepting the Lowest/Best Bid for Recreation Apparel and Authorizing the City Manager to Enter into a Contract for the Procurement of Said Apparel, and Declaring an Emergency. Mr. Kranstuber moved for adoption as emergency legislation. Mr. Reiner seconded the motion. Vote on the motion: Mr. Kranstuber, yes; Mr. Reiner, yes; Ms. Salay, yes; Mayor McCash, yes; Mr. Lecklider, yes. Vote on the Ordinance: Ms. Salay, yes; Mr. Lecklider, yes; Mr. Kranstuber, yes; Mr. Reiner, yes; Mayor McCash, yes. Ordinance 51-02 - An Ordinance Waiving Competitive Bidding Requirements, Pursuant to Section 8.04 ("Contracting Procedures"), Paragraph C ("Waiver of Competitive Bidding") for Alcoholic Beverages for the Dublin Irish Festival. There were no questions from Council. ....- Vote on the Ordinance: Mr. Kranstuber, yes; Mr. Reiner, yes; Ms. Salay, yes; Mr. Lecklider, yes; Mayor McCash, yes. Ordinance 53-02 - An Ordinance to Increase the Dollar Amount of the "Furtherance of Justice" Fund Maintained by the Dublin Police Division. Ms. Grigsby stated that in response to the discussion at the last Council meeting, Interim Chief Epperson has prepared a memo for tonight's meeting addressing the concerns. Vote on the Ordinance: Mr. Kranstuber, yes; Mr. Reiner, yes; Mayor McCash, yes; Ms. Salay, yes; Mr. Lecklider, yes. Ordinance 56-02 - An Ordillance 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 Owner Thereof to Make Service Payments .! I I I! '" ',I i i : - RECORD OF PROCEEDINGS ~~-'~~~~~~#~-~h!!i~t~~~~~U~'~H_~HUw,_-..-~_,~,]l\!!?lilLgjy~QQJ!!lc.iJ_~~~,~~w"u_ff~mmm~~uu~~,J?w,!g~uu~mm~$u~e~!2,!l~~uu~w~#mmm~,# DAYTON LEGAL BLANK C "' F R Heln April 22, 2002 19 in Lieu of Taxes, Establishing a Municipal Public Improvement Tax Increment Equivalent Fund for the Deposit of Such Service Payments, Authorizing the Execution of a Tax Increment Financing Agreement. Ms Grigsby stated that as a result of discussion at the last Council meeting, staffs commitment ,...-.. to Council is that information will be provided prior to the introduction of future economic development legislation. Vote on the Ordinance: Mr. Kranstuber, yes; Mr. Lecklider, yes; Mayor McCash, yes; Ms. Salay, yes; Mr. Reiner, yes. Ordinance 57-02 - An Ordinance Declaring Certain City-Owned Property as Surplus and Authorizing the City Manager to, Dispose of Said Property in Accordance with the Ohio Revised Code Section 721.15. Ms. Grigsby stated that Council will be notified ofthe date when the auction is scheduled. Vote on the Ordinance: Ms. Salay, yes; Mr. Lecklider, yes; Mayor McCash, yes; Mr. Reiner, yes; Mr. Kranstuber, yes. Ordinance 58-02 - An Ordinance Amending Sections 70.01, 72.061, and 76.01 of the Codified Ordinances of the City of Dublin. There were no questions from Council. Vote on the Ordinance: Mr. Kranstuber, yes; Mayor McCash, yes; Mr. Lecklider, yes; Ms. Salay, yes; Mr. Reiner, yes. Ordinance 59-02 - An Ordinance Authorizing the Purchase of an Approximately 31.049 Acre Parcel Located at 6199 Houchard Road, City of Dublin, County of Franklin, for the Purpose of Acquiring Additional Parkland and Future Roadway ~ Extension, and Appropriating Funds Therefor. There were no questions from Council. Vote on the Ordinance: Mr. Reiner, yes; Ms. Salay, yes; Mr. Lecklider, yes; Mr. Kranstuber, yes; Mayor McCash, yes. INTRODUCTION & FIRST READING - ORDINANCES Ordinance 62-02 - An Ordinance Accepting the Annexation of 62.5+ /- Acres from Washington Township, Franklin County to the City of Dublin. Ms. Salay introduced the Ordinance. Ms. Grigsby stated that a map was distributed which highlights the area petitioned for annexation. It is north of Shier Rings Road, east of Cosgray, and just south of the Sports Ohio Complex. The annexation petition was approved by the Franklin County Commissioners on January 2,2002. Ms. Salay inquired if staff was aware of development plans for the land. Ms. Grigsby stated that staff is not. Mayor McCash stated that the land is designated for density of at least one to two dwelling units/acre residential in the Community Plan. There will be a second reading/public hearing at the May 6 Council meeting. Ordinance 63-02 - An Ordinance Accepting the Annexation of 41 + /- Acres from Washington Township, Franklin County to the City of Dublin. ~. Ms. Salay introduced the Ordinance. Ms. Grigsby stated that a map was distributed which highlights the area petitioned for annexation. It is south of Shier Rings Road, east of Cosgray Road, and just south of Amlin. The annexation petition was approved by the Franklin County Commissioners on January 16, 2002. There will be a second reading/public hearing at the May 6 Council meeting. Ordinance 64-02 - An Ordinance Adopting the 2002 National Electric Code. Ms. Salay introduced the Ordinance. Mayor McCash inquired about the provision of the fifth item, which states: "... whenever any electrical wiring or any other electrical equipment shall have been inspected and approved, it shall thereafter be unlawful for any person to change, damage, or interfere with the same without the authority of the Electrical Inspector." Because the language is I 1: II ., Iii T I RECORD OF PROCEEDINGS ,.~uum~m$w~~~m~~~umw~~~u.M!g}:!~~m_~_~m~~u~___~~~_~_12l!2lliLCityJ;ol!!l~il _~UU$m_U_$$~~--X~Em~w2uu~~,~u~eet!ngw_.__~#u' DAYTON LEGAL BLANK CO., FORM NO 1014~ Heln April 22, 2002 19 "change" not "alter," can a homeowner change out an existing, worn, duplex outlet with a new duplex outlet? This is a minor home maintenance item, which under the Commercial Building Code does not require a permit or inspections. - Mr. Price stated that the intent of the Code is to prohibit changes from the approved condition. Mayor McCash requested that the word" change" be replaced with" alter." Mr. Price agreed to do so. Mayor McCash requested an amendment to the body of the legislation, amending the reference to the 1999 Electrical Code to the year 2002. Mr. Price will make the appropriate amendments to the ordinance for the May 6th meeting. There will be a second reading/public hearing at the May 6 Council meeting. Ordinance 65-02 - An Ordinance to Amend Section 315.3 of the 1999 Ohio Residential Code, as Previously Adopted by Reference, Regarding Window Wells. Ms. Salay introduced the Ordinance. Mayor McCash referred to the reference to an open-sided window well, and inquired if there is a basis for this concern. Most window wells in Dublin are not 30 inches deep. He would be concerned that if there were a window well that deep, that a guardrail be placed around it. Mr. Price stated that such a situation prompted this legislation. A building was constructed with open stairwells and egress window wells installed in the basement, greater than 30 inches deep. The Code makes it clear that if there is a balcony, porch or any other place where a person could fall more than 30 inches into the well, that guards - should be placed around it. His ruling was that, although it could not be required because it is not a Code requirement, the builders be encouraged to place a grate, guard or deterrent landscaping. However, he is requesting that Council approve an amendment of the Code to clarify the language. There will be a second reading/public hearing at the May 6 Council meeting. Ordinance 66-02 - An Ordinance Amending Certain Sections of Chapter 99 (Wireless Telecommunications Regulations) of the Codified Ordinances of the City of Dublin. Ms. Salay introduced the Ordinance. Mr. Lecklider asked why Ever Clear is being permitted a height of 100 feet, when the ordinance would limit the height to 75 feet. Mr. McDaniel stated that Ever Clear submitted an application some time ago for a height of 100 feet. Because no height requirement had been codified, he could not deny the application. Other communities do not have height requirements to use as a benchmark; however, he recommends a height of 75 feet. Mr. Lecklider inquired how the City would address future requests to exceed that height. Mr. McDaniel stated that they would be required to request an administrative waiver. Mayor McCash inquired if this is primarily to serve the Memorial Tournament. Mr. McDaniel affirmed that this one is primarily used for the Memorial Tournament. There will be another one at the Tournament placed by a sponsor of the Tournament. That tower will be located in a parking facility, away from residences. - Mr. Lecklider inquired about the time frame for the temporary structure. Mr. McDaniel stated that it would be in place no longer than five days. Mr. Lecklider noted that there is a typo in the dates indicated in the legislation. Mr. McDaniel will make the appropriate correction before the May 6th Council meeting. There will be a second reading/public hearing at the May 6 Council meeting. Ordinance 67-02 - An Ordinance Authorizing the City Manager to Enter into Multiple Mutual Aid Agreements with Other Central Ohio Jurisdictions for Service Department Related Support. Mayor McCash introduced the Ordinance. There were no questions from Council. There will be a second reading/public hearing at the May 6 Council meeting. , i! I II ",",'''''HI'I'il. H! 111111I": "II' ."',1 I . ! "".""""I~"'''"'I)'' ""c~ff<'.l: I RECORD OF PROCEEDINGS Minutes of W$ff~~U$~___~$~Nl?ublin C!!Y,uu~01l1!91~u~~~,~_,_uUh~>>~H~-1:~g~2",muuuu~$~~eti,!:~~wuuuuum_mu", W"'h/M''''m/_.wm,w'''__'M'H",/"",/_,w~Mwm_~~h'Mo< DAYTON LEGAL BLANK co., FORM NO. 10148 HeM April 22, 2002 19 Ordinance 68-02 - An Ordinance Providing for a Change in Zoning for Approximately 13.422 Acres Located Between Perimeter Loop Drive and Mercedes Drive (Private), Approximately 200 Feet North of US 33/SR 161, from PCD, --. Planned Commerce District, to: PCD, Planned Commerce District. (Case No. 02- ~. 032Z - Text Revision - Perimeter Center, Subarea 1 - Crown Dealerships - 6350, 6400, and 6520 Perimeter Loop Road) Mr. Lecklider introduced the Ordinance. Mr. Kranstuber moved to refer the ordinance to Planning and Zoning Commission for a recommendation. Ms. Salay seconded the motion. Vote on the motion: Ms. Salay, yes; Mr. Lecklider, yes; Mr. Reiner, yes; Mr. Kranstuber, yes; Mayor McCash, abstain. A public hearing/second reading will be scheduled upon receipt of a recommendation from Planning & Zoning Commission. Ordinance 69-02 - An Ordinance Authorizing the City Manager to Accept and Receive Permanent Utility and Bjkepath Easements Donated by Edwards Golf Communities, LLC, for the Development of the Ballantrae Golf Course in the City of Dublin, County of Franklin, State of Ohio, and Declaring an Emergency. Ms. Salay introduced the Ordinance. Mr. Kranstuber moved to treat the ordinance as emergency legislation and dispense with the public hearing. Mr. Lecklider seconded the motion. - Vote on the motion: Mr. Lecklider, yes; Mr. Kranstuber, yes; Mr. Reiner, yes; Mayor McCash, yes; Ms. Salay, yes. V ote on the Ordinance: Mayor McCash, yes; Mr. Kranstuber, yes; Mr. Lecklider, yes; Mr. Reiner, yes; Ms. Salay, yes. Ordinance 70-02 - An Ordinance Authorizing the City Manager to Execute Permanent Utility and Bikepath Easements, Which are Located on Dublin Property, to the City of Dublin, for the Development of the Ballantrae Golf Course in the City of Dublin, County of Franklin, State of Ohio, and Declaring an Emergency. Mayor McCash introduced the Ordinance. Ms. Grigsby stated that this is similar to the last ordinance, except that it is on City-owned land, where the golf course will be located. Mr. Kranstuber moved to treat the ordinance as emergency legislation and dispense with the public hearing. Mr. Lecklider seconded the rn.otion. V ote on the motion: Ms. Salay, yes; Mr. Lecklider, yes; Mr. Reiner, yes; Mayor McCash, yes; Mr. Kranstuber, yes. Vote on the Ordinance: Mr. Reiner, yes; Ms. Salay, yes; Mr. Lecklider, yes; Mayor McCash, yes; Mr. Kranstuber, yes. INTRODUCTION & PUBLIC HEARING - RESOLUTIONS r--" Resolution 20-02 - A Resolution Designating the City Manager as the City's Official Representative and Authorizing the City to File a Grant Application with the Ohio Public Works Commission Clean Ohio Conservation Fund. Mr. Kranstuber introduced the Resolution. Vote on the Resolution: Mr. Lecklider, yes; Ms. Salay, yes; Mayor McCash, yes; Mr. Kranstuber, yes; Mr. Reiner, yes. Resolution 21-02 - A Resolution Adopting a Statement of Services for a Proposed Annexation of 2.697 Acres from Washington Township to the City of Dublin. Ms. Salay introduced the Resoiution. Ms. Grigsby stated that the site is on Shier Rings Road. Council previously authorized the City Manager to sign the petition for the annexation. This action will place the roadway in front of the new Service Complex within the City's jurisdiction. i ii I T T,! d.iiI!.IIIIii "']"" I ! ",}__""-,,,:,-,"<V "-,,,'-"~._...",-- '''''--'~WH---"'''~~*'''-I' ,I; _ -I RECORD OF PROCEEDINGS Minutes of D bI' C't C '1 M . ~~~'~_~m~$$~m~mh~~$ffUm_$_~~~U~_$~~~'~~~~$_'~~~$~~~~_-=mum-Y~$,w!ll~~1~Y"Uft~,Q.!!Jl~lm_uu~~mm$u_~'~__$~~1?-E~~'~m"~mw_~ e~m!lnJi_,muummmu~~~, DAYTON LEGAL BLANK CO., FORM NO. 10148 i-' Heln April 22, 2002 19 Vote on the Resolution: Mr. Kranstuber, yes; Mr. Reiner, yes; Ms. Salay, yes; Mayor McCash, yes; Mr. Lecklider, yes. OTHER ,r-, Final Plat - Westbury. Section 7 I 1 Ms. Clarke stated that the Westbury subdivision is nearing completion. On September 20, 2001, the Planning and Zoning Commission reviewed the final plat, which conforms with the preliminary plat. The Commission recommended approval with the eight conditions as noted in the Record of Action ,from that meeting. The technical adjustments to the plat have been completed. Mr. Reiner inquired if there is any requirement for greenspace in the plat, or if that requirement is met elsewhere in the subdivision. Ms. Clarke responded that the greenspace for Westbury has already been dedicated. There are two major areas: one is along the stream,and the other is at the entrance on Brand Road. There is also a pocket park within the subdivision. Mr. Reiner inquired if the City had modified the Code regarding acceptance of floodplain as greenspace. Ms. Clarke stated that it has been the City's goal to assemble all the stream corridors (floodplain) so that there would be a streamside pathway throughout the community. Because it is a parkland acquisition goal, it is difficult not to provide credit for this donation. There has been discussion regarding not giving credit for the floodway itself, since it is undevelopable for any purpose. However, that has not been codified. Mayor McCash stated that it is permissible to fill in the floodplain, if the proper regulations are followed. - Ms. Clarke agreed. Mayor McCash stated if legislation were approved prohibiting the filling in of the floodplain, the result would be that the area would be made an undevelopable floodway. Mr. Reiner stated that there have been problems experienced by the homeowners with homes built along floodplains. Mayor McCash inquired about Condition #6 in reference to lots #250 and #252. Ms. Clarke responded that because the lots are very shallow, staff requested several site plans for typical Mil models proposed for this subdivision to show that they could be accommodated. They were able to demonstrate that they would work without a variance. Ms. Salay inquired if the builder must Gommit to building only certain homes on those lots, or could they build a larger home and request a variance. Ms. Clarke responded that would be an issue if there were multiple builders within the subdivision. In this case, however, the builder is also the developer. Mayor McCash stated that it would require a variance to build a deck on the back of those houses. Mr. Lecklider referred to the cover memo relating to concerns regarding construction traffic on Tullymore Drive. He has also received calls regarding that problem. His understanding was that one of the conditions for the rezoning of this site was that when the bridge was completed on Wareham, construction traffic would enter only from Brand Road to the north. ~, All the other entrances have signs indicating "no construction traffic." However, Tullymore Drive is still being used. He has received many complaints that Wyndburne, as the most direct route, is being used by construction traffic going south to Tullymore. He noted that in the Meadows of Wyndham Village, orange construction signs state: "Absolutely No Construction Traffic." Are those erected by the developer? Mr. Kindra stated that they are placed by the City upon direction from City Council. Mr. Kindra stated that after the signs are placed, it becomes an enforcement issue. Mr. Lecklider inquired if the orange signage absolutely prohibiting construction traffic could be placed on Wyndburne, just south of Walden Circle. Mr. Kindra agree that they could and will follow up. Mr. Lecklider inquired if staffcould also talk to Mil and see that this direction is given to the construction superintendent. Mr. Kindra will also follow up. Mr. Kranstuber moved to approve the final plat for Westbury, Section 7. I I i,l Ii, [Iii" ,;;di.. ,I'c;lij ''!''u'H ! ! ' . I;" I RECORD OF PROCEEDINGS ,,,u~~umff~'~mw~m~~~_=~Mil}E~~ o~~'~$~~~,~m~m~"~$~$~UU~m~~."..J)llplin Gjj:,y,,~g,y119iLm~~~"~$u_~m~-1:~g~uu2,"m""""~~~!:!m~[_uuh~~_ DAYTON LEGAL BLANK CO., FORM NO. t614ti HekJ April 22, 2002 19 Ms. Salay seconded the motion. Vote on the motion: Mr. Kranstuber, yes; Mr. Reiner, yes; Mayor McCash, yes; Mr. Lecklider, yes; Ms. Salay, yes. ~. Final Plat - Cramer's Crossin~ Ms. Clarke stated that this land is zoned PUD. The final development plan is reviewed by the Planning Commission, and the actual plat, dedication of roads, and establishment of new lots in the subdivision is brought before City Council. This site is composed of 55 acres and includes 79 new single-family lots and a ten-acre multifamily site. There are also a series of parkland reserves that total over 15 acres. Planning and Commission reviewed this in January 2001, and recommended approval with 14 conditions, all of which have been addressed. Mr. Kranstuber inquired about the reasons for the lengthy time frame for the process. Ms. Clarke stated that in a PUD, the developer must come before the Planning Commission prior to construction. On projects where only a plat must be reviewed, that review occurs after the construction has advanced. In this case, the plat came before Planning Commission before any construction could begin. Mr. Kranstuber stated that the Community Plan indicates that the density should be one to two units per acre; this plat provides for 2.6 units/acre. Ms. Clarke responded that the Planning Commission looked at this over a period of years. During that time, the Southwest Area Plan was adopted, as well as other plans. There was a concept plan that was approved with a higher density than the one actually zoned. Mr. Kranstuber inquired about the lot width. Ms. Clarke stated that a chart was submitted with the rezoning application, which ,.-. indicated the number of lots in each lot width category. "' Ms. Salay stated that this plan was disapproved by the Planning Commission. It then came to Council. The developer had made some revisions to the plan, and Council had the option of sending the revised plan back to Planning Commission or approving it. Council approved it, against the Planning Commission's recommendation. Mr. Kranstuber inquired if the plan satisfies the "road to wow" guidelines. Ms. Clarke stated that the developer exaggerated the setback off of A very Road. Also, the plan provides for parkland along the south side of Cramer's Crossing Drive. Primarily, the open space occurs at the entry way to the subdivision and along one side of the road through the community. Mr. Kranstuber stated that he supports the setback along A very Road and the fact that all natural materials would be used on the buildings. However, he does not understand why the plan cannot adhere to the guidelines of the Community Plan. He would object to the plan on that basis. It should not be difficult to make slight revisions to conform to the density requirements in the Community Plan. Mayor McCash stated that in his review of the hearing discussion, it appears that the City allowed density credits/bonuses, for meeting "road to wow" parameters. That, along with the cost of extending Cramer's Crossing Drive, which is a public road, and the near doubling of the 8.9 acres of open space to 15.7 or 14.8 acres of parkland -- were factors which the Planning Commission considered significant. Those were the factors which also prompted Council to override the Planning Commission's recommendation and - approve the plan. Ms. Clarke stated that this case has a very long and controversial history. Throughout the many hearings, the density gradually was lowered. In the end, one of the considerations was that this site was needed for utilities for the development to the west. Mr. Lecklider stated that during the Planning Commission's review, Cramer's Crossing Drive extended farther to the west to provide the necessary connection. At the time, the City was unaware of the future golf course development to the west. Because the road was totally unloaded, the applicant asked for significant considerations. He added that the Planning Commission reviewed the plan a number of times, before finally forwarding it to Council with a negative recommendation. At that time, the developer made a number i I I I i 'iiiiil!!'i'!'HFlilil! Hiiil" i ! RECORD OF PROCEEDINGS Minutes of D bI' C't C '1 M . ~~-~<<.Wffm~mhmhmm~~~~ff_~~~~~_~'_~m~~_~$_$~~___'_"""~"""~'~m$u~Y~HmuIll~JJXuu'~m,Q,y.!l~~~~$m~~,_~~u_~!:'::lEu~mluQ~~.um~h~~ eetl~B:ufr,~mum~u~w~mm, DAYTON LEGAL BLANK co.. FORM NO. 1014B He]n April 22, 2002 19 of revisions in the plan submitted to Council. Rather than redirecting the plan to the Planning Commission, Council chose to approve it. ".-, Mr. Reiner stated that when Council heard this case, a question was asked about precedence, and the Law Director indicated that there has been only one other case in which Council had not referred a revised plan to the Planning Commission. Mr. Reiner opposed passage of the rezoning without the Planning Commission's review. He was concerned at that time about setting a precedent. Ms. Clarke stated that there was also a misunderstanding in this case regarding Council's review of a preliminary plat. Council does not review a preliminary plat for a PUD. Mayor McCash stated that the density problem is due to the fact that this development consists of both single-family homes and multifamily condominiums. The single-family development is in compliance with the Community Plan's requirement of one to two dwelling units/acre; the multifamily is in compliance with the Community Plan's requirement of five dwelling units/acre. Both met the requirements of their respective classifications, but as a mixed site, it appears to exceed the 2.0 units/acre for single family. The argument was that between the two density requirements - 2.0 and 5.0 units, 3.0 would be a fair standard. Mr. Kranstuber inquired how this area is designated in the Community Plan, single family or multifamily. Ms. Clarke stated that the Community Plan specifies it as single family, one to two units/acre. - Mr. Reiner stated that, unfortunately, the referral to Planning Commission was bypassed i ! in view of the entryway needs' of the new golf course development. Mayor McCash stated that the previous discussion noted that the Community Plan designation may not fit the circumstances. As the site backs up to industrial property, can single family houses realistically be built adjacent to it? Ms. Clarke stated that the plan came to Council on May1, 2000. It was a plan that had significant opposition. Mr. Yoder shared with Council many of his concerns regarding the plan. Council tabled it. A revised plan was reviewed by Council on June 5, 2000; however, it was a plan that neither the staff nor Planning Commission had reviewed. Council approved it without the normal review process. Ms. Grigsby asked Ms. ReadIer, Law Director's office, if the City has any discretion now that the development is at the final plat stage. Ms. ReadIer responded that discretion would be very limited. Density has already been established, and the final plat meets all' conditions. Mayor McCash invited the applicant to speak. Don Wick. Rockford Homes, stated th~t the review process has been lengthy; it was actually initiated by a previous owner. The original concept, which was approved, was grandfathered. Subsequent discussions occurred on "road to wow" and architectural diversity standards, and Planning staff succeeded in having all those additional elements included in the plan. Some consideration was made due to the no-load road, the oversized - sewers and the transitional neighborhood. He added that the single-family homes and condominiums are already built. Mr. Lecklider inquired about the vote at Planning Commission. Ms. Clarke responded that it was disapproved by the Planning Commission on March 16, 2000 by a vote of 5-1 and approved by Council on June 5, 2000 with a vote of 6-1. Mayor McCash inquired how many votes in favor would be required for passage tonight? Ms. ReadIer stated that a simple majority of Council present was required. Mr. Reiner stated that the revised plan was railroaded through Council, due to the special interest element. It was never reviewed by the Planning staff and Planning Commission, : I I ii ,,"l,liijl,1! I I I i' '.' RECORD OF PROCEEDINGS ~H~u~~'~m~u_~$N~m_~~Mln~t~~2L_~~___u$m~~$_uW~'H~AWuAWuQ~1!J21i!L,c.i!Yui;~QJ!1lfiJ__~~u~~~_H~~_~~g~'!&~lL~uumM~e~~nK~N~$NN~~ DAYTON LEGAL BLAN " R HeM April 22, 2002 19 which is contrary to the City's policy. This type of development should not exist in the City of Dublin. Mayor McCash noted that this Council should not question a previous Council's action. - Mayor McCash moved to approve the final plat as submitted. i Ms. Salay seconded the motion. Vote on the motion: Mr. Lecklider, yes; Ms. Salay, yes; Mayor McCash, yes; Mr. Reiner, no; Mr. Kranstuber, no. Motion carried. Recommendation from Community Services Advisory Commission Regarding the Meadows at Wyndham Village Homeowners Association Request for Assistance with Maintenance of Reserve Areas Mr. McDaniel stated the property owners have requested relief from the requirement that their homeowners association maintain certain reserves that are owned by the City of approximately 1.614 acres. The property owners are paying high homeowner association fees in order to meet the expense of maintenance of that property. The Community Services Advisory Commission (CSAC) reviewed their request. They met with members of the community, reviewed their requirements, fee structure and budget, and conducted a survey of other homeowner associations. The CSAC memo addresses the ratio of households to amount of acreage to be maintained. To create equity, they created a benchmark, which is 36 homes per acre of land maintained. CSA C believes that an inequity exists in the ratio of houses to reserves maintained by the Meadows at Wyndham Village compared to other homeowner associations in Dublin. They are paying at a rate more than twice that of a comparable situation, i.e. Wellington. By comparison, 130 - Wellington residents maintain 3.5 acres of City-owned reserves at a cost of $145 per household, whereas the 30 property owners in Meadows at Wyndham Village maintain 1.614 acres at a cost of $456 per household. Staff recommends that the City reduce the inequity for those homeowners by providing 100 % of the maintenance and charging back a portion of the cost to the homeowners. Mayor McCash inquired if homeowner associations typically maintain their entryway features and common areas within the cul-de-sacs. Mr. McDaniel confirmed that is the requirement. Wellington subdivision is the closest comparison, as it also has a large greenspace owned by the City near their entry on Brand Road, which they are required to maintain. He noted that CSAC recommends that in the future, the City consider a benchmark for new developments. If the ratio begins to drop below the 36 houses per acre in a development, the City should seriously consider whether that maintenance should be required of the homeowners association. The benchmark could be set even higher than that, perhaps at 54 homes/acre. Mayor McCash inquired if the problem occurs when the amount of parkland dedicated is over one acre. Mr. McDaniel agreed that the' trend has been to require more greenspace dedication, while at the same time handing over more responsibility for the maintenance of that land, City land, to the homeowners associations. If it is a parkland reserve or dedication, the City maintains it, but other setbacks, which can be considered an enhancement to that neighborhood, are considered the neighborhood's responsibility. However, a fair ~ benchmark should be adopted. Mayor McCash stated that in situations where the City gains more open space, the City should not delegate more maintenance to the homeowners in that neighborhood. Another consideration would be to upgrade the Code standard. Mr. McDaniel noted, for accuracy's sake, that there are reserves of approximately 14 acres that other associations are required to maintain. However, most of that is wooded and requires minimal maintenance. Mayor McCash stated that this may be a policy decision, which requires a legal opinion. If a minimum amount of open space is required of a development, but the City gains more open space dedication with another development, is it appropriate to charge the homeowners for maintenance of more than the minimum? Is it appropriate to include that additional space in the ratio calculation? I .1 il '. 1111.1 liiuUil!.lldllli!' 'IHIII!!;II'!''!! I RECORD OF PROCEEDINGS Minutes of D bI' C' C '1 M t' uumm~~~m~,wmm_~~'_m____$~H_~U$_$_h~~~~#m$m~lL"~L:r:Lm~~,,wmuQJJncLdmh$,~m~~Wu~~#~_~_uu~_1~wl!g~~!lm~_mmm e~uu.!.~~J~~hd~'_m$~ DAYTON LEGAL BLANK CO., FORM NO. I014~ Heln April 22, 2002 19 Mr. Lecklider stated that he would prefer that the City subsidize a portion of the maintenance of the greenspace, rather than reduce the amount of open space dedication. He noted that there are two reserves -one fronts Brand Road, and the other reserve is east - of the subdivision. The larger one, along Brand Road, provides the City a setback consistent with the significant setbackall along Brand Road. That setback contains a meandering bikepath, which is used by the public. The second setback is more internal to the subdivision. Mayor McCash stated that the policy decision should consider equity to the homeowner association, but also consistency in quality of maintenance. Mr. McDaniel stated that it would be wise to remember that the City's action could be precedent-setting. However, he is presently unaware of any other association where the ratio begins to approach the inequity of this one. These homeowners will still pay a fee higher than most of the other homeowners in the City. Mayor McCash inquired if staff or legal staff could establish a list of criteria for future applications. Ms. Clarke stated that the type of scenario experienced with The Meadows of Wyndham occurs when the subdivision has a substantially greater property width to depth ratio than is normal. This particular subdivision is the most shallow along Brand Road. She noted that Planning staff is aware of the parkland to be dedicated when a property is being rezoned. That information can be provided to Council at that time, along with the density, right-of-way, length of cul-de-sac, and other empirical facts. The information can also provide the expected number of houses to maintain the suggested open space. Mayor McCash stated that would make sense for future subdivisions. However, are guidelines needed to address requests from existing homeowner associations, should they - be brought forward? Mr. Lecklider recommended that a threshold ratio be set and future applications be considered on a case-by-case basis. Mr. Reiner stated that he supports the suggested remedy for this case. However, there is a cost to own a home in Dublin in view of the commitment to open space. He does not endorse the City accepting the responsibility of maintaining all the larger setbacks. That is part of the responsibility assumed by the individual developments. Mayor McCash stated that all of this land is public, dedicated open space. Ms. Salay stated that the difficulty is in differentiating between the private open space, the common areas and public open space. If there is a bikepath through the area, and the homeowners association has no control over who comes onto that open space, it is a public park area. She is not comfortable with requiring a few citizens to bear the cost of maintaining an area used by the general public. If it is private open space for use by that development, it is acceptable to require them to maintain whatever they have chosen to buy. A resident of Heather Glen North stated that in order to contain the cost of maintenance of the open space, the homeowners had discussed not using a property maintenance company, but instead taking turns to mow the property themselves. However, the question of liability arises if a licensed, bonded company is not performing the work. Ms. ReadIer stated that the City maint~ins liability insurance on City-owned property. - Many of the homeowner associations carry insurance on the City-owned properties. She is not sure in the case described whose insurance would pay if a claim were filed. Mr. McDaniel stated that there is a recreational users law, which may protect the association and/or City. That law holds the individual responsible, if he/she enters the greenspace of their own choice. Mr. Kranstuber stated that the law would not apply to a maintenance worker. The homeowner associations should carry liability insurance on the property. Ms. Salay inquired if it would be necessary for the association to carry coverage on City- owned land. Mr. Kranstuber stated that both entities should carry coverage in case of a lawsuit. ! I I i I , Willi,; i i ! '+if'11 ".".,. ,.,.......'..,~..,.,""t'.' RECORD OF PROCEEDINGS ff~_UU~~4~$ffW~U~$~~~1v1iEl!.te~m~L_uu~~~_U~h$$~~~$~m~m~~$Jl1!plin~CiJxJ;;;mQl!!l9jffL~ffm~~_4m~~u#~~~_m~-Rll~ff~mIL_uu~~~!#!!!K"uuuum~mmuu,~~ DAYTON LEGAL BLANK CO.. FORM NO. 10148 " . Held April 22, 2002 19 Mr. Kranstuber noted a reference on page six that " .... the City should continue to maintain responsibility for all stormwater systems/structures in all arrangements....," is that the City's present policy? .-- Mr. McDaniel responded that is the City's current practice. r Mr. Kranstuber inquired if that wouldapply to commercial properties. Mr. McDaniel responded that it would not - only to residential. Mr. Lecklider inquired if that would also include retention basins. Mr. McDaniel stated that retention basins would also be included. Mr. Lecklider stated that in Wyndham Village, there are two retention basins at the entrance. There is a reserve behind the southernmost retention basin. The homeowners association does not have responsibility for maintaining any of that area, other than the entry itself. The City maintains all of that open space. Mr. McDaniel stated that the City does not maintain every retention basin. Some are maintained by condominium associations, and in some of the older subdivisions with primarily private streets, the homeowners association takes care of the retention basins. Mr. Reiner inquired if most homeowner associations have the option of placing a lien on a property if the property owner is negligent in association fees. Mr. McDaniel stated the associations have varying practices. The difficulties encountered by homeowners associations in collecting the fees, however, is the reason the City should ensure that the fees are equitable. Discussion continued regarding the need for information for members of new homeowner associations. Ms. Salay inquired for what period of time the City has been requiring forced and funded - homeowner associations. Ms. Clarke stated the Code does not require them. In the last few years, the requirement has been included in the negotiation process with the developer. Typically, the developer has no objection to the requirement. Mayor McCash suggested that CSAC consider the option of developing a brochure for new homeowner associations, which could include the recommendation to obtain liability insurance. Mayor McCash invited public comment. Richard Belville, Trustee and Treasurer of The Meadows of Wyndham Village Homeowners Association, distributed a page which indicates the impact of grounds maintenance on their association's budget. Currently, their budget for grounds care is $8,634. Their maintenance is extremely basic - no sprinkler system, no electrical system to light the entrance way. However, currently, the assessment for ground care and insurance to a homeowner is $228, which is 2.5 x the average assessment of $117. The CSAC recommendation based on 36 homeowners/acre suggests a City share of $2,600. The cost per homeowner would thereby be reduced from $228 to $219, which is still nearly twice the average amount of $117. He pointed out that CSAC had suggested two options for Council's consideration. On page two ofthe recommendation, CSAC suggested a second ratio be considered, 54 homeowners per acre. If that option were approved, the City would assume a share of $3,900. That would bring the assessment for - the individual homeowner down to $175.00, which is still 1.5 x the average fee paid by members of other homeowner association. He requested that Council consider that option. Mr. Lecklider asked Mr. Belville if the area of the two reserves in that subdivision are in fact .593 acres and 1.021 acres. He inquired which area is along Brand Road. Mr. Belville responded that both reserves are located along Brand Road. A third reserve is floodplain and is parkland dedication; it is maintained by the City. The first two reserves are part of the 200-ft setback along Brand Road. Mayor Kranstuber stated that CSAC's recommendation is to approve the 36-1 ratio. Mr. Belville's request is that CounCil consider the 54-1 ratio. CSAC's survey indicates that . it I I' II "'.'iiHiF I i ! ,. RECORD OF PROCEEDINGS m~uu~,~_u~um~_u~m~#Mil}u!e~L~m_~~~~~#__$~&m~llJ2!iIL~in:uuu~#2!l!1cjL~Q~~$~mu_$UU~~~~H_ P~g~uuliUQ#'$~~UQ~et!n!??~~m.~uu~uum~ffuu# DAYTON LEGAL BLANK CO., FORM NO. 1014Cl 'I.' HeIn April 22, 2002 19 only three homeowner associations currently have a lower than 54-1 ratio. He asked that Mr. McDaniel attempt to secure this information from the remaining homeowner associations. .--. Mr. McDaniel will obtain the information, if possible. Mr. Lecklider asked for clarification of the recommendation. Mr. McDaniel stated that the recommendation is to grant The Meadows of Wyndham Village relief for the cost of maintenance of the open areas at a ratio of 36 to 1, which amounts to $2,600. Mr. Belville has requested the relief be granted at a ratio of 54 to 1. CSAC also requests that the approved ratio be adopted into a policy that would be applied to future developments. Mayor McCash stated that Council do~s not have sufficient information to decide which ratio to adopt for future developments. Mr. Reiner suggested adopting the CSAC recommendation for The Meadows of Wyndham tonight to provide immediate relief for the 2002 mowing season. Adoption of a ratio for a City policy could be deferred untIl the additional information is provided. Mr. Kranstuber moved approval of the CSAC recommendation. Mr. Reiner seconded the motion. Vote on the motion: Mr. Reiner, yes; Mr. Lecklider, yes; Mayor McCash, yes; Mr. Kranstuber, yes; Ms. Salay, yes. Recommendation from Community Services Advisory Commission Regarding Proposed Noise Ordinance Amendments Mr. McDaniel stated that the affected residents presented their case to CSAC, and CSAC recommends a three-step response, as noted in their memo of April 18. There is - additional research to do regarding the reciprocal enforcement agreement, such as Westerville has with Columbu,s. The City of Dublin presently does not have such ! agreements. CSAC recommends agreements with all neighboring jurisdictions -- Shawnee Hills, Hilliard, Norwich Township, etc. Mr. Reiner inquired if this would preclude a "Polaris" problem. Mr. McDaniel stated that this constitutes an effort to do so. Ms. Salay inquired about the terms of the reciprocal agreements. Would Dublin police be empowered to respond to an offending business in the neighboring jurisdiction and enforce Dublin's noise ordinance against that property owner? Mr. McDaniel stated that is correct. Dublin's Code Enforcement Officer will coordinate efforts with the other jurisdictions' Code Enforcement, Police and Legal departments, as well as talking to the property owner. Mayor McCash moved to adopt CSAC's recommendation regarding noise restrictions, as noted in their memo dated April 18, 2002. Ms. Salay seconded the motion. Vote on the motion: Mr. Reiner, yes; Mr. Kranstuber, yes; Mr. Lecklider, yes; Ms. Salay, yes; Mayor McCash, yes. Recommendation from Finance Committee Regarding Hotel/Motel Tax Grant Application from Ohio Fe Soccer Nike Challenge Mr. Kranstuber stated that the Finance Committee met earlier this evening to review this - application. The application of FC Soccer meets the bed tax grant application criteria. I r The event fills the local hotels during what is typically a slow business month. Their request is for $25,000. However, on April 29, the Finance Committee will consider eight additional applications for bed tax funds, with requests totaling $131,000. Only $70,000 is available in the bed tax fund; therefore, the Committee recommends approving a grant to Ohio FC Soccer of $10,000.00. Much of that amount would go to cover the cost of City services. Mr. Kranstuber moved to approve a grant of $10,000 to the FC Soccer Club, per the recommendation of the Finance Committee. Mr. Reiner seconded the motion. Vote on the motion: Mr. Reiner, yes; Ms. Salay, yes; Mr. Lecklider, yes; Mr. Kranstuber, yes; Mayor McCash, yes. . I I :1 I' ,': "ii ililikIHI"i.I",,,,,, ..n"".."", I : IIffllHj' >','J!' !'II~'r-",*,1:1' U: ~.'~H\'r.,IWl'Mi E'Ii::, I RECORD OF PROCEEDINGS w.ffU$m~ffU~m~HuUHuHu~~$UUU~U~~~M~!!}:t~~~L~~mu$$_~'~~m_~_H~~~Jlhlin'ffU{;it,yuuu{;PllD~il ~~~~~~$~~m~_~~~ffU P~g~J1.u_~~~!:!in€L~m~Hu~~Uff DAYTON LEGAL BLANK CO.. FORM' NO. lU14C1 Heln April 22, 2002 19 Petition from Indian Run Residents for Water and Sewer Lines Mayor McCash inquired if Council wants to proceed with this discussion tonight, ~ with two Council members absent. He suggested referring this to the Public Services Committee. Mr. Kranstuber stated that two residents from Indian Run are present to speak to Council. He suggested that the issue be referred to the Engineering staff for a preliminary cost analysis. Subsequently, it could be referred to the Public Services Committee to recommend a subsidy, if any. Ms. Grigsby responded that Engineering has developed a very basic preliminary estimate. Those numbers need to be refined. Engineering staff has also developed a map that identifies other areas where requests for water and sewer could potentially be requested in the future. Mr. Kranstuber requested that the residents be informed ofthe Public Services Committee meeting on this matter. Mayor McCash invited public comment. Denny Meadors. Indian Run Drive. requested that the City of Dublin conduct a study of the possibility of providing City water and sewer for Indian Run Drive. Due to the commercial development immediately to the north of this area, many of the residents on the road are concerned about the quality of well water in that area. Jim Barnes stated that their area was developed in the late '60's and early '70's. During the development of Emerald Parkway, their well was damaged due to the explosions to remove limestone in the area. With the Cardinal development, there is - the potential that all the wells could fail, perhaps all at one time. Mr. Reiner inquired about the ;;lverage well depth in the neighborhood. Mr. Barnes responded that his well is 100 feet in depth. Subsequent to the Emerald Parkway development, heavy rains have caused mud to enter his water supply. One well in the area was re-dug after the Emerald Parkway construction. However, for many of the properties, it would be difficult to re-dig a well, as there is no room to back a well rig into the space. Mr. Reiner inquired about the average lot size. Mr. Barnes stated that most are approximately % acre. His lot is just under two acres. Mr. Kranstuber inquired if the petition has 100% support of the residents. Mr. Barnes stated that some of the elderly residents are concerned about the cost of tap fees. Mr. Reiner stated that in the past, a petition had been presented for City water and sewer. Later, the City learned that a number of the residents were actually opposed to connection to City water and sewer. Mr. Barnes responded that after the cost analysis is done, a consensus of the residents would be obtained. There are 17 residents on Indian Run and 4 residents immediately to the north whose homes abut the new development -- a total of 21 homes to be served. Mr. Kranstuber moved to direct Engineering staff to develop a preliminary cost --- analysis and to refer the petition to the J?ublic Services Committee for review. Ms. Salay seconded the motion. Vote on the motion: Ms. Salay, yes; Mr. Lecklider, yes; Mayor McCash, yes; Mr. Kranstuber, yes; Mr. Reiner, yes. Mr. Kranstuber requested that staff communicate with the residents regarding this study being undertaken. Council Round Table/Committee Reports Mr. Lecklider: 1. Reminded Council of the Public Services Committee meeting on Wednesday, April 24, at 6:30 p.m. 2. Noted that the Dublin Life carried information regarding circumstances in which City permits should be obtained. He inquired if a permit also should RECORD OF PROCEEDINGS UU~$H~Um~UHm~~um~'~~~$~~~s ofW~~h~#_~m~~~wmm~#~~~~~!!21!n Qi!y~Qmol!l!.~iL#$umm~m~u~~_~~_!:~.&~J.&mffU~m#!feu~!~nfL~UH~Uhm~m. DAYTON LEGAL BLANK CO., FORM NO lU14fj ;j..., Heln April 22, 2002 19 be required for erection of a basketball pole. In most subdivisions, the poles have been placed illegally. Mayor McCash inquired if basketball poles are considered a structure; if so, they would be subject to setback regulations. --- Ms. Clarke stated that the issue is that a structure cannot be placed in front of the platted building line. A pole placed permanently in concrete would be such a structure. Ms. Salay stated that basketball courts are frequently located behind homes. The basketball poles are sometimes placed within the backyard required setback. Mayor McCash inquired if the ones in the back setback would be addressed by the ordinance passed on lot coverage. Ms. Grigsby stated that staff would research the question and report back to Council on the City's current practice and their recommendation. Mr. Reiner: 1. Asked Mr. Kindra if $30,000 is sufficient funding in the Street Maintenance program to maintain the bicycle trails. Mr. Kindra stated that it is adequate for bikepath maintenance. However, the infrastructure is aging. The budget is heing increased by approximately ten percent annually; however, a one-time commitment of $250,000 is necessary to meet infrastructure needs. He has proposed that amount for the eIP budget this year. 2. Referring to the recent death of citizen Bill Chambers, he noted that Mr. Chambers authored an outstanding poem regarding D-Day. He was a - paratrooper during the event. He suggested that the media or Community Relations might be interested in using that poem, which was an outstanding tribute to the nation. Ms. Grigsby indicated that staff would attempt to obtain a copy of the poem. Mr. Kranstuber: 1. Noted that he and Ms. Salay participated in the initial meeting of the Coffi:nan Park Expansion Task Force. The meetin~s will be held every two weeks on the off-Mondays. On Monday, Apri129t ,the Task Force will take a walking tour of the study area. 2. Noted that the City has not had representation on the Delaware County Regional Planning Commission,for the last few years. He was contacted by a resident who is interested in serving on the committee. He included that information with tonight's packet materials. Mayor McCash stated that past City representatives, including Denise King and staff member Mary Newcomb, indicated that there is significant time commitment with that service. Interest in this has been stirred by the proposed Kroger development on Glick Road. However, Kroger has indicated that they have indefinitely delayed their rezoning application with the township. He inquired if volunteers could be solicited at the same time as those requested to serve on the Architectural Diversity Task Force? Council consensus was to advertise for volunteers for both. ,.....-, 3. Noted that Council previously approved a bed tax grant for Youth Summit 2002, an effort led by Miss Ohio, Natalie Wi.twer. Staff requests Council action to rescind that grant. Ms. Grigsby noted that staffhas been informed by Miss Wi.twer that the parameters of the event had changed. As the application no longer meets the criteria for the City's bed tax applications, that funding should be rescinded. Mr. Kranstuber added that Miss Witwer is aware of this action. Mr. Kranstuber moved to rescind the bed tax allocation to the Youth Summit 2002 Mr. Reiner seconded the motion. Vote on the motion: Mr. Lecklider, yes; Ms. Salay, yes; Mr. Reiner, yes; Mayor McCash, yes; Mr. Kranstuber, yes. I T Ii Ii! illlJl' I , 'II I i RECORD OF PROCEEDINGS Minutes of D bI' C' C '1 uu~m$~$uu~'~m$$~muuw~umm~m~mm~~~_UUh__#~u~uu~~~'m~UU$~~_~m$$~~$$_uuuumm$_'l!uu~~!n ~~.,!!Y~uuuuwQ,unglmmw~uuuum~h$u~_~m~mm~muu'muu~uJ>J!.&~'mlZm~mm'$mmM~~!!~,ftm'~$mmmm$m$uu I DAYTON LEGAL BLANK co., FORM NO. 'OI4~ Heln April 22, 2002 19 4. Inquired if the pool area will be sodded or seeded this year. The pool season is fast approaching and the green area needs to be established before that time. Mr. McDaniel responded that the area would be sodded. ~ 5. Stated that as Chair ofthe Administrative Committee, he recommends canceling the April 2ih Goal Setting session. Some Council members are ~.r_" presently experiencing conflicts in their schedules. Council consensus was to postpone the goal-setting session. 6. Stated that he received a complaint from a resident on Terre Prince Court regarding a need for street maintenance. He asked that Mr. Kindra contact the resident regarding this need. Mayor McCash: 1. Stated that at the April 1 oth Muirfield Association meeting, a question arose regarding the ownership of the intersection at Manley, Avery and Glick Roads. Ms. Grigsby indicated that staff will research the question and report back to Council. Lt. Von Eckartsbarg indicated that from an enforcement aspect, the intersection itself is in the City of Dublin. Mr. Reiner inquired if the City has jurisdiction over the golf course parking lot or any other portion of the land along Manley Road. His understanding is that a portion of it has been sold to Tartan Golf Club as a tennis court facility. The neighbors are concerned about the land's jurisdiction. f"""'"" Ms. Grigsby indicated that staff will report back to Council with that information. I I 2. Reminded Council of the update in Council packets regarding the Economic Development Agreement with Pacer Logistics, which will be scheduled on the May 6 Council agenda. 3. Stated that he received a phone call from Lisa Zuppas on Pharoah Drive. Last fall, Mil Homes graded part of the adjacent property; currently, there is a problem with standing pools of water, two to three feet in depth. He noted that the site is south of Wyndham Village. Ms. Zuppas has indicated that she has made several unsuccessful attempts to have the area regraded to eliminate the pools. He requested that staff investigate the situation. 4. Noted that on May 11, the Ohio Municipal League will host a seminar on Municipal Leadership Training. One of the modules addresses, "Ethics for Elected Officials." He asked any Council member interested in attending to notify the Council Clerk so that she can process the registration. Mayor McCash moved to adjourn the meeting. Mr. Lecklider seconded the motion. Vote on the motion: Ms. Salay, yes; Mr. Lecklider, yes; Mayor McCash, yes; Mr. Reiner, yes; Mr. Kranstuber, yes. The meeting was ad' 10:15 p.m. t~ ~ C2-~ Clerk of Council ': I "