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[1. Call To Order]

[2. Roll Call]

[00:00:06]

. >> PRESIDENT B. MICHAEL: WE CALL THIS MEETING TO ORDER. MS. THRESS, PLEASE CALL THE ROLL. DOR DOR

>> PRESIDENT B. MICHAEL: EVERYONE, PLEASE RISE FOR THE

[3. Pledge of Allegiance]

PLEDGE OF ALLEGIANCE TO THE FLAG.

>> PRESIDENT B. MICHAEL: PLEASE BE SEATED.

WE DON'T HAVE ANY VISITOR COMMENTS R THINGS NOT ON THE

[5. Approval of the Minutes]

AGENDA. MOVING ON TO THE APPROVAL OF THE MINUTES. WE HAVE HAD THE MINUTES OF THE SEPTEMBER 4TH AND SEPTEMBER 10TH MEETINGS DISTRIBUTED.

MOVED BY MS. KOWALCZYK AND SECONDED BY MS. DOROTHY THEY BE APPROVED. ARE THERE ANY CHANGES? CORRECTIONS? IF NOT, ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE. OPPOSED, LIKE SIGN.

THEY HAVE BEEN APPROVED. MOVING ON TO ORDINANCE THE FINAL

[6.A. Ordinance No. 42-2018 Final Plan and Variances for 181 East Wilson Bridge Road]

PLAN AND VARIANCE FOR 181-EAST WILSON RIDGE ROAD.

THIS ORDINANCE IS AUTHORIZING THE FINAL PLAT TO THE WILSON BRIDGE ROAD CORRIDOR FOR 181 EAST WILSON BRIDGE ROAD AND AUTHORIZING THE VARIANCES. MR. GREESON.

>> CITY MANAGER M. GREESON: PRESIDENT MICHAEL, MEMBERS OF COUNCIL, I'LL TURN IT OVER TO MR. BROWN TO PROVIDE A STAFF PRESENTATION AND THEN ALSO INTRODUCE THE REPRESENTATIVES HERE TONIGHT WHO HAVE THE 3 APPLICATION AS WELL AS OUR STAFF AND MEMBERS OF THE MPC WHO MAY BE HERE.

MR. BROWN. >> AGAIN, AS MENTIONED, IT'S A MULTIFAMILY APARTMENT COMPLEX -- WHAT I THOUGHT I WOULD DO BEFORE I O INTO THE ACTUAL DISCUSSION IS KIND OF SAY WHERE IT STARTED BACK IN 2011.

GUIDELINES, MODIFIED BY BY THE DUBLIN CITY COUNCIL.

SO WHAT YOU HAVE BEFORE YOU IS THE ORIGINAL STUDY THAT WAS ADOPTED IN 2011. (NO AUDIO).

>> SO WE FOCUSED ON THE SOUTH SIDE OF WILSON ROAD -- TIM PACT OF THE PARCELS. THERE WAS A LOT OF PUSHBACK ON THE RETAIL -- -- INSURANCE ISSUES. AND THE COUNCIL AT THAT POINT IN TIME -- -- TO GO AHEAD AND REZONE.

HOWEVER, AND I DON'T WANT TO SPEAK FOR THE COUNCIL MEMBERS HERE, WHAT WE TRIED O DO IS THERE WERE VACANT PARCELS.

TO GO AFTER THE VACANT PARCELS AND START THE ZONING PROCESS ON THE VACANT ONES.

AND DERAIL THE PLANS FOR THE SOUTH SIDE OF WILSON ROAD.

[00:05:02]

>> PRESIDENT B. MICHAEL: CAN YOU TELL ME WHY WE WOULDN'T WANT A

NEW HOUSE ON THAT PROPERTY? >> I THINK THE LONG-TERM VISION, YOU KNOW, FIVE, TEN, 20 YEARS, IT GOES ABOUT THAT WHOLE CORRIDOR. THE SOUTH SIDE OF WILSON BRIDGE ROAD, THERE ARE A LOT OF PARCELS, VERY DEEP, ABOUT 100 FEET IN WIDTH, AN ACRE IN SIZE. THAT WAS THE MOST LOGICAL AREA THAT SEEMED IF YOU WERE TO HAVE AN EXPANSION OF OFFICE OR ANY MEDIUM-DENSITY RESIDENTIAL, THAT WOULD BE THE PLACE TO HAVE IT.

FROM WHAT I UNDERSTAND, IN 2011, THERE WAS A DISCUSSION, ORIGINALLY, TO HOPEFULLY HAVE THE WHOLE SOUTH SIDE E RECOMMENDED FOR PROFESSIONAL OFFICE COMPONENT.

HOWEVER, IT WENT THROUGH THE STEERING COMMITTEES AND AS YOU GOT TO THE PROCESS OF ADOPTION IT GOT MODIFIED TO BE WHAT YOU SEE TODAY, THE PROFESSIONAL OFFICE ON THE WESTERN PORTION AND THE EASTERN PORTION WAS RECOMMENDED FOR MEDIUM DENSITY RESIDENTIAL. WE HAD SEVERAL RESIDENTS THAT WERE PART OF THAT STEERING COMMITTEE AND IT BLED OVER INTO THE GUIDELINES -- LOOK AT SETBACKS AND BUFFERS TO THE EXISTING RESIDENTIAL TO THE SOUTH.

WHEN YOU ARE LOOKING AT EAST WILSON BRIDGE ROAD, YOU HAVE THE OFFICE COMPLEXES, EAST SIDE, THE SOUTH SIDE SEEMED TO BE A LOT OF THE HOMES, THE HUB, AND IT SEEMED THE PRIMARY AREA TO ALLOW FOR OFFICE EXPANSION FOR RESIDENTIAL.

>> PRESIDENT B. MICHAEL: WAS THAT ANSWERED?

>> SO AGAIN, WE HAVE THE THREE MAPS.

PROBABLY THE HEIGHTS -- THE ORIGINAL PROPOSAL IN 2011 ACTUALLY ASKED FOR TWO TO THREE STORIES MORE FOR THE CORRIDOR IN HEIGHT. GOING THROUGH THE PROCESS OF CITY COUNCIL AND JUST THE PLANNING COMMISSION, IT GOT WHITTLED DOWN TO THE HEIGHTS YOU SEE BEFORE YOU.

AGAIN, KIND OF THE FOCUS AREA OVER THE PAST SEVERAL YEARS HAS BEEN THE SOUTH SIDE OF EAST WILSON BRIDGE ROAD.

PURPLE IS RECOMMENDED FOR. YOU CAN SEE THIS AREA IS RECOMMENDED FOR OFFICE. THE CITY THEN TRIED TO LOOK AT THAT AND -- -- AND WERE UNABLE TO -- -- SO AGAIN, OVER THE YEARS WE HAVE DEALT WITH DEVELOPERS THAT HAVE KEPT THE OPTION ON THESE TWO, OR EVEN THE ONE WHERE THE NEW HOUSE WAS AND ONE OR TWO TO THE EAST. THE RIGHT DENSITY, RIGHT HEIGHT PROPOSED. WE HAVE NEVER SEEN ANYTHING COME TO FRUITION. AGAIN, JUST SHOWING THE TWO PARCELS BEFORE YOU, THE LOT ON THE RIGHT, 17, HAS NEVER BEEN BUILT ON. SO SINCE IT WAS IN THE '20S, YOU NEVER HAD ANYTHING BUILT ON IT. THE PLOT 6 DID HAVE A HOUSE DECADES AGO BUT IT HAS BEEN VACANT FOR AT LEAST 15 TO 20 YEARS. WHAT WAS RECOMMENDED FOR THE DISTRICT. ALL CURRENTLY ZONED R-TEN.

AS MANY OF YOU MAY REMEMBER WHEN WE CAME THROUGH AND DID THE REZONING OF THE TWO PARCELS, I MADE REFERENCE THAT THE CODE WAS SET UP ANTICIPATING REZONING THE WHOLE CORRIDOR, SO IF YOU READ THE CODE FOR ITS LANGUAGE, THERE WAS A 50-FOOT BUFFER SETBACKS FROM RESIDENTIAL. INTENDED FOR THE SOUTH SIDE GOING TOWARDS THE NORTH RESIDENCE, NOT TO THE EAST AND WEST, BECAUSE THE GOAL WAS TO -- THE WHOLE CORRIDOR FOR THE PLAN.

AGAIN, THE AREA, BOUT IGHT PARCELS RECOMMENDED FOR THE SPECIAL OFFICE. TO KIND OF JUST A QUICK TIME LINE FOR YOU. AGAIN, THE ORIGINAL PLANS ADOPTED IN 2011 BY CITY COUNCIL, PLANNING COMMISSION LOOKED AT THE GUIDELINES AND THE NEW ZONING ORDINANCES IN SEPTEMBER.

IT DID GET INTRODUCED AND DISCUSSED AND IN OCTOBER OF THAT YEAR, BOUT A SIX-MONTH DISCUSSION, THE COMMITTEE OF THE WHOLE, CITY COUNCIL, A LOT OF MODIFICATIONS AND CHANGES RELATED TO DENSITY AND HEIGHT. TREE FEET WAS ALSO A DISCUSSION AT THE TIME. HAD TO LOOK AT THE SURROUNDING JURISDICTIONS AND SEE WHAT THE PRICE POINT WAS.

AND FINALLY IT WAS ADOPTED WITH THE MODIFICATIONS IN APRIL OF 2016 AND IT WENT INTO EFFECT JUNE OF THAT YEAR.

AND THEN AGAIN, THAT FOLLOWING APRIL CITY COUNCIL ACCESSED AFTER THE COUNCIL RETREAT THE REVACANT TWO PARCELS.

THAT WENT TO THE PLANNING COMMISSION IN APRIL.

WENT TO CITY COUNCIL IN MAY 2017 AND THEN WAS EFFECTIVE IN JULY OF 2017. AND THEN NOW WE JUMP TO URRENT DATE, PROBABLY ABOUT THAT SAME TIME, END OF 2017 WE STARTED WORKING WITH THE CURRENT APPLICANT, MR. KENNY, ON THE KEMPER HOUSE, 161. AND AGAIN, THAT INCREASED.

SO WE HAD DEALT WITH THREE OR FOUR OTHER DEVELOPERS THAT WERE

[00:10:01]

WANTING TO DO SOMETHING ON THE SOUTH SIDE OF EAST WILSON BRIDGE ROAD AND WANTED TO HAVE A CLEAR CUT ON THE SITE WHERE THE ZONING WENT INTO EFFECT, THE DENSITY, HEIGHT, OR AS I LIKE TO SAY, PROPOSING THE FINAL SIDE OF PARADISE FOR THEIR PROPOSALS.

SO WE KIND OF FLOATED TO MR. KENNY, WORK ON THE HOUSE, OVERLOOK THIS PIECE OF PROPERTY. THAT IS WHERE WE KIND OF STARTED

WITH WITH THE CURRENT APPLICANT. >> MR. BROWN, REAL QUICK, THE OTHER DEVELOPERS THAT HAD EXPRESSED INTEREST, DID THEY NOT PROCEED BECAUSE OF THE TREE ORDINANCE SPECIFICALLY AND THE FINANCIAL COSTS THAT WERE PROJECTED? .

>> HOW DOES THAT COMPARE TO RENTS AT THAT HEIGHT?

>> THE HEIGHTS, THE CHEAPEST ONE WERE $900.

THAT'S FOR A ONE BEDROOM. AND THREE-BEDROOM TWO-BATH IS STARTING AT $2,000.

AND THAT LACE HAS AMENITIES, POOLS, CONCIERGE AND CLUBHOUSE.

>> HOW MUCH? >> A PRICE POINT OF $800 TO $1,250. 15, TWO-BEDROOMS AND 81-BEDROOMS. YOU ARE COMING IN OFF EAST WILSON BRIDGE ROAD TO ACCESS THE SITE, THE LOOP.

AND AGAIN, COUNCIL MEMBER DOROTHY HAD A QUESTION RELATED TO WHAT ARE THE VARIANCES THAT DEAL WITH THE WIDTH AT THE ACTUAL CURB. THE CURBS ARE -- THAT WOULD BE A RECREATIONAL PATH AND THE SIDEWALK AND THE WIDTH --

>> I HAVE SEEN PEOPLE RUN OO OVER -- GETTING IN THE WAY OF PEOPLE WALKING.

WHO ARE NOT IN CARS. AND I GET INTO A SECTION WHERE I RECREATIONAL PATH -- -- AND OTHER MODES OF TRANSPORTATION THAT IT ISN'T THE LARGEST FIXED WIDTH, I WAS VERY CONCERNED ABOUT HAVING CARS PULL THROUGH, OTHER VEHICLES PULL THROUGH AND OTHER THAN THIS BEING -- --

[00:15:07]

POSSIBLE TO PUT IN ON THE SIDE OF THE PROPERTY CLOSEST TO THE BUILDINGS WHERE THE BUILDING AND BIKE PATH COME TOGETHER HAVE A STOP SIGN SO THE PERSON COMING OUT IS REQUIRED O STOP BEFORE THEY GET TO THE ROAD? SO THEY ARE REQUIRED TO STOP AT THE BIKE TRAIL SO THAT AT LEAST GIVES THEM CHANCE TO SEE IF THERE IS ANYBODY COMING AND WE ARE BEING A LITTLE SAFER.

>> YES, WE CAN COMPLETELY WORK WITH THAT.

THAT SEEMS REASONABLE. >> PRESIDENT B. MICHAEL: THAT WOULD PROBABLY BE AN EASY SOLUTION.

>> HAVING MARKINGS ON THE ROAD JUST LIKE THE STRIPINGS WE HAVE

IN THE CROSSWALKS. >> PRESIDENT B. MICHAEL: IT

TELLS PEOPLE TO STOP. >> I THINK AS I PREVIOUSLY MENTIONED OR MAYBE I DID NOT, LIKE I SAID, PART OF THE WHOLE PLAN FOR THE WILSON BRIDGE CORRIDOR IS HAVING A TEN-FOOT USE PATH THAT WILL EVENTUALLY CONNECT YOU TO THE COMMUNITY CENTER AND CONNECT YOU ON TO THE NORTHEAST GATEWAY PROJECT THAT MR. WHITED'S DEPARTMENT'S WORKING ON.

THEY ARE PUTTING A FVE-FOOT SIDEWALK THAT WILL RUN PARALLEL TO THE MULTIUSE PATH JUST FOR THE ACTUAL RESIDENTS GOING OUT TO USE IT INSTEAD OF THEM HAVING OUT AND INTERACT WITH THE RECREATIONAL PATH. I THINK THE BLOW-UP DOES HELP SHOW THAT WHEN YOU ARE LOOKING AT WHERE THE ACTUAL MULTIUSE PATH WILL BE AND THE SIDEWALK WILL BE, IT IS NOT AS WIDE THAT IT APPEARS WHEN YOU READ THE MEMO.

WHEN YOU NARROW IT DOWN IT NARROWS DOWN TO 25 FEET AND 22 FEET WHICH MEETS MINIMUM CODE REQUIREMENT FOR TWO-WAY TRAFFIC.

>> BUT THE UTILITY PLANS FOR THE PROPOSED DEVELOPMENT.

>> PRESIDENT B. MICHAEL: WHAT IS IN THE MIDDLE THERE? THERE IS THE DRIVEWAY AND THEN -- THERE IS A SQUARE.

SEE YOU COME IN -- >> WHAT YOU ARE GOING TO HAVE, AN INTERNAL LOOP. THERE WILL BE MAILBOXES HERE.

SOME OF THE EXISTING TREES ARE ALSO GOING TO BE DESERVED IN THIS MIDDLE AREA THAT RESIDENTS CAN ENJOY AND USE AND THERE WILL BE EXISTING TREES ALONG THE PERIPHERY AND ON THE SOUTH SIDE BUT THIS WILL PREDOMINANTLY BE WHERE TRAFFIC WOULD LOOP AROUND AND BE ABLE TO COME IN AND OUT OF THE SITE.

AND BUILDING NUMBER WO IN THE BACK, BUILDING NUMBER ONE UP HERE. THERE ARE SEVEN GARAGES AND A DUMPSTER PROVIDED FOR THE UNITS IN THIS LOCATION.

THEN WE DID WORK WITH THE FIRE DEPARTMENT JUST N MANEUVERABILITY OF THE SITE AND HOW TO GET IN AND OUT.

WE HAVE MUTUAL AID AGREEMENTS WITH OTHER JURISDICTIONS, HOW THEY CAN GET THEIR EQUIPMENT IN AND OUT.

SO I DID WORK WITH CHIEF BAILOW TO PROVIDE ADDITIONAL INFORMATION TO THE STAFF MEMO SO HOPEFULLY THAT WOULD ADD CLARIFICATION TO HAT WAS NEEDED TO ACCESS THE SITE AND BE ABLE TO MANEUVER THE LADDER TRUCKS AROUND THE SITE.

>> IS THERE A REASON WHY YOU USE LADDER TRUCKS?

>> I DON'T WANT TO SPEAK FOR THE CHIEF.

HE CAN DEFINITELY JUMP IN. BUT I THINK THE IDEA WAS IF THERE IS A NEED TO GET TO THAT BACK BUILDING AND TO BE ABLE TO -- SINCE IT IS RESIDENTIAL, YOU WOULD HAVE THE ABILITY TO PUT OUT THAT LADDER TRUCK TO GET RID OF THE FRE.

MR. BROWN IS CORRECT, BUT WHAT I WOULD ADD IN THERE, WHENEVER WE HAVE A REPORT OF A STRUCTURE FIRE, WE BRING THE ENGINEER, MEDICAL UNIT ALONG WITH MUTUAL AID AGENCIES, WHETHER IT IS RESIDENTIAL OR COMMERCIAL. THAT LADDER TRUCK COULD BE THE VERY FIRST NIT COMING IN IF THERE IS A STRUCTURE FIRE. IF IT IS ALREADY ON THE ROAD AND ANOTHER ENGINE IS OUT ON A CALL, IT HAS A PUMP, WATER, FIRE HOSE, FIREFIGHTER.

IT CAN DO THE SAME THING THAT AN ENGINE CAN DO.

THE OTHER THING IS RESCUE. IF THERE WAS SOMEBODY TRAPPED IN A MULTIFAMILY BUILDING WE WOULD CERTAINLY NEED TO USE THE LADDER TRUCK. WE USE IT A LITTLE BIT LESS LIKELY IN SINGLE FAMILY RESIDENTIAL THAN IN A MULTIFAMILY BUT IT IS CERTAINLY THAT -- IT IS A HIGH OPTION OF HAVING TO USE THAT. THE OTHER THING THAT I WOULD ADD IN THERE IS THAT AS WE TAKE THOSE CALLS THAT COME IN, YOU CALL FOR SERVICE, WE HANDLE THEM ONE AT A TIME.

WE DON'T KNOW WHAT THE NEXT CALL IS GOING TO BE.

SO A SCENARIO COULD PLAY OUT THAT OUR ENGINE IS ALREADY OUT ON ANOTHER CALL AND A VEHICLE FIRE COMES IN BY ONE OF THE BACK BUILDINGS. WE WOULD CERTAINLY SEND THAT LADDER TRUCK FOR THAT VEHICLE FIRE AS WELL, AGAIN, BECAUSE WE HAVE THE PUMP, THE HOSE, THE WATER, THE PERSONNEL.

[00:20:23]

. >> PRESIDENT B. MICHAEL: MOST PEDESTRIANS WOULD HEAR THE FIRE ENGINE COMING?

>> WE HAD TO INCREASE THE WIDTH OF THIS.

>> PRESIDENT B. MICHAEL: THEY WOULD STILL HEAR THE FIRE

ENGINES COMING. >> I'M NOT SAYING THEY WOULD BE RUN OVER BY THE FIRE TRUCKS, TALKING ABOUT THE CARS THAT COME

IN AND OUT DAILY. >> PRESIDENT B. MICHAEL: I STILL THOUGHT WE WERE TALKING ABOUT THE FIRE TRUCKS.

SORRY. >> ONE OF THE THINGS TO ALSO ADD BACK TO THE TEN-FOOT RESIDENTIAL PATH I WILL BE INSTALLING AS PART OF THE PROJECT, WE ARE GETTING ADDITIONAL RIGHT OF WAY FROM THE APPLICANT. WE HAD A LARGE DISCUSSION ON SETBACKS THROUGHOUT THE C CORRIDOR.

YOU HAVE YOUR ADDITIONAL TEN OR 15 FEET BACK FROM THE CURB AND GETTING ADDITIONAL DEAD INDICATION FOR THE MULTIUSE PATH AND THEN INYULING THE STAUVENLTH GETTING STREET TREES AND LIGHTING AS OF THIS PROJECT IN THIS AREA.

SO AGAIN AS PART OF THIS WE ARE ALSO LOOKING AT SOME OF THE ENHANCEMENTS THAT THEY WILL BE PROVIDING AGAIN TO THE RIGHT OF WAY DEDICATION. MULTIUSE, GREEN PATHS.

ALSO INSTALLING BIKE PATHS AND BENCHES THAT YOU SAW WITH THE LOOPS AND DECORATIVE LIGHT POLES WITH THE LIGHTING THAT YOU SAW ON THE SITE. AGAIN, THIS IS PART OF THE TREE FEE DISCUSSION WE WILL GET INTO IN JUST A MINUTE.

THIS WILL SHOW YOU THIS IS A LOT THAT DIDN'T HAVE ANYTHING BUILT ON IT IN 2017 VERSUS THE ONE THAT HAD BEEN BUILT ON IN THE PREVIOUS DECADES. AGAIN, THIS SHOWS THE ENHANCED LANDSCAPING THAT WILL BE PART OF THIS PROJECT.

THE ADDITIONAL TREES WILL BE ADDED, LANDSCAPING ALONG THE PERIPHERY, SOUTH SIDE, AND THEN THE INTERNAL LOOP AREA.

KIND OF A BLOW UP WITH THE TREE PLANTING PLAN.

VERY SIMILAR TO WHAT WE DID AT THE KEMPER HOUSE, THE LEVEL OF DETAIL. AND THEN THE RARE -- THEY HAD THEIR OWN SPECIAL MEETING AT PANERA A COUPLE MONTHS AGO TO GO OVER THE PROPOSAL AND THOSE RESIDENTS HAVE BEEN HAPPY. AND JUST THE OVERALL SITE AGAIN, PROPOSED LIGHTING FOR THE SITE. THE ENTRANCE FEATURE AND THE BIKE RACKS AND THEN THE FENCING TOWARDS THE REAR.

AND AGAIN, THE MAILBOX IN THE CENTRAL LOCATION.

AS PART OF THIS PROJECT, AS MENTIONED, THE PREVIOUS DEVELOPERS THAT WE HAD WANTED TO DEAL WITH HELPED US MOLD AND MODIFIED OUR DEED CAME TO THE CITY COUNCIL AND THE MATERIALS THAT WE WANTED TO SEE FOR A PROJECT.

A LOT OF THE PREVIOUS OWNERS HAD WANTED TO DO VINYL SIDING.

WE WORKED WITH THE APPLICANT TO DO BRICK AND HARDY PLANK AND THE BOARD BACKING WAS PART OF THIS PROJECT.

SO THESE ARE THE TWO. AND THE GARAGE IS THE ONE THAT YOU SEE BEFORE YOU IN THE FLOOR PLANS.

SO WITH THIS ONE, AGAIN, I HAD THE ORIGINAL ADOPTION OF THERO DOOR RIDGE REZONING, AND WHERE WE HAVE BEEN THROUGH TO DATE WITH THE PROJECT. WE STARTED LATE LAST YEAR AND HAD INITIAL DISCUSSIONS WITH THE APPLICANT.

FORMALLY WENT TO THE PHYSICAL PLAN, WENT BACK ON JUNE 28TH AND WAS APPROVED AND THEY MADE AN APPLICATION FOR THEIR FINAL PLAN AND ENTERED INTO A HEARING TODAY.

THE FOUR ITEMS THAT I WANTED TO GO INTO GREATER DETAIL ON WERE THE FOUR AREAS THEY WERE REQUESTING VARIANCES TO DEVIATE FROM CODE REQUIREMENT. ONE, THE DRIVEWAY TO EXCEED THE 45 FEET IN WIDTH. THE END OF THE -- HOWEVER, IT DOES EXCEED CODE REQUIREMENT. IT DOES NARROW DOWN TO THE 22 FEET. YOU HAVE SEVERAL BUSINESSES IN WORTHINGTON WHERE YOU DO AVE A WI

[00:25:04]

WIDER AISLE. THE SECOND ITEM THEY ARE REQUESTING TO DEVIATE FROM IS THE BUILDINGS TO BE CLOSER THAN 15 FEET OF ANY RESETBACK. IF YOU MET THE REQUIREMENT, YOU ARE TALKING A 200 FOOT WIDE LOT DOWN TO A USABLE SPACE OF 100 FEET. SO IF WE WOULD HAVE ACTUALLY GONE AHEAD AND REZONED THEY WOULD NOT BE NEEDING THAT VARIANCE TO DEVIATE FROM THE CODE REQUIREMENT.

>> THE NEW HOUSE TO THE WEST, THAT WAS BUILT THREE YEARS AGO,

CORRECT? >> CORRECT.

>> WHEN DID YOU REZONE THEM? WHAT DID THE ZONING PRESCRIBE AT

THAT TIME? >> THE R-TEN DISTRICT, THE

SINGLE FAMILY DISTRICT. >> REZONED WITH A SIDE SETBACK

OF WHAT IN 2017, PLEASE? >> THE HOUSE?

>> ON THE LOT THE PROPOSED DEVELOPMENT IS TO GO INTO.

>> TWO LOTS WERE REZONED TO THE WBC1 DISTRICT, THAT IF YOU MET THE STRICT LETTER OF THE CODE THEY WOULD HAVE TO HAVE A 50-FOOT SETBACK FROM THE RESIDENTIAL DISTRICT.

>> IF THE HOUSE WAS THERE WHEN THE REZONING TOOK PLACE?

>> CORRECT. >> PRESIDENT B. MICHAEL: WE ALSO NEED TO NOTE THE OWNER OR PERSON BUILDING THE HOUSE WAS INFORMED AHEAD OF TIME THAT THE PROPERTY, THE CITY WAS LOOKING INTO PUTTING THE PROPERTY INTO MULTIUNIT.

SO THE PERSON COME ANY CONCLUSION THAT THE PROPERTY NEXT DOOR COULD BE A MOLDY UNIT. THAT WAS VERY CLEARLY STATED.

>> I MET WITH THE CURRENT PROPERTY OWNER SEVERAL TIMES WHERE HE BUDGET THE HAWS AND AFTER OUR PREVIOUS LAW DIRECTOR DOCUMENTED THE INTERACTION. THIS WAS WHAT WAS PLANNED FOR THE CORRIDOR. HE ATTENDED PREVIOUS PLANNING COMMISSION MEETINGS. HE ATTENDED HEN WE REZONED THE

PROPERTY LAST YEAR. >> PRESIDENT B. MICHAEL: THAT

WASN'T A SURPRISE. >> SO THE THIRD ITEM REQUESTED TO DEVIATE FROM CODE REQUIREMENT IS THE RELATION TO THE TREES.

AGAIN, WHEN WE DID THE INITIAL CODE REQUIREMENTS IT WAS A MUCH HIGHER FEE AT THE TIME. WE LOOKED AT SIX INCH CALIPER, LARGER. OUR PROPOSAL WAS 350 AND WE LOOKED AT WHAT OTHER COUNCILS CHARGED AND WE WHEN THELE IT D DOWN.

AT THAT TIME WE WALKED THE SITE WITH THE PROPERTY OWNER AT THE TIME AND WITH THE SURVEY WE LOOKED AT IS THERE THE 200-YEAR-OLD OAK OR SOMETHING WE WANT TO SAVE, NOTHING TO SAVE, WALKED THE SITE FOR TWO OR THREE HOURS OF WHAT COULD BE PRESERVED TO HELP GUIDE WHEN WE HAD AN APPLICATION COME FORWARD.

WE DID GO OUT TO THE SITE FOR THAT.

WHAT WE HAVE IS A REQUEST TO REMOVE CALIPER INCHES.

WE ARE NOT COUNTING HONEYSUCKLE, WHICH THE SITE HAS A LOT OF, OR ANY TREES SMALLER THAN SIX INCHES OR LARGER.

THEY ARE PRESERVED 404 CALIPER TOWARDS THAT SITE.

AND ARE ADDING AN ADDITIONAL 343 UNITS BACK.

IF YOU LOOK AT WHAT THE COST WAS FOR APPROVAL OF THE TREATED WITHOUT COUNTING THEIR CREDIT,LE BE 22, $250 THEY WOULD HAVE TO PAY AS A FREE FEE OR AFTER YOU ADD IN THE CREDITS $201,750 FOR THE TREE FEE. AS WE WERE WORKING WITH PREVIOUS OWNERS AND DE A LOT OF THEM WANTED TO CLEAR CUT THE SITE. LINDA AND I REALLY PUSHED BACK AND SAYING, YES, YOU CAN WORK WITH THAT.

BUT IF YOU WANT TO DEVIATE FROM THE COMMUNITY YOU NEED TO KNOW THAT BOARDS AND COMMISSIONS AND OUR COUNCIL WILL LOOK FORWARD IF YOU CLEARCUT THE PROJECT. THAT IS WHY WE HAVEN'T EVEN ANY ACTIVITY ON THAT AT LEAST RELATED TOOTH THREE OVAL.

[00:30:04]

STAFF WORKED WITH THE CLIENT TO GET A BETTER PRODUCT WITH THE TREE FEE. THAT IS ONE OF THE REASONS THAT STAFF WAS RECOMMENDING APPROVAL FOR YOU TO GRANT THAT WAIVER FROM THE TREE REQUIREMENT. ASKING FOR TWO ADDITIONAL TREES P UNITS PER ACRE.

THEY ARE LOOKING FOR A TOTAL OF FOUR TOTAL UNITS.

IT IS PROVIDING A PRODUCT THAT IS A LITTLE BIT DIFFERENT THAN

THE HEIGHTS IN A RANGE OF UNITS. >> WHAT WAS THE RATIONALE FOR THE FOURTH VARIANCE REQUEST? THE CODE STATES THE NUMBER OF UNITS COULD BE BETWEEN TEN AND 14 WITH A MAXIMUM OF 14.

>> CORRECT. >> WHAT IS THE RATIONALE.

>> FOR US WE LOOKED AT PROVIDING THE BEDROOMS AND OPTIONS FOR HOUSING, AND IT DIDN'T SEEM TOO SUBSTANTIAL.

WHEN THE CODE WAS COMPLETED IT SEEMED SUBJECTIVE IT WAS A RANGE OF TEN TO 14. WHY NOT TEN TO 16.

I DON'T KNOW WHAT THE RATIONALE WAS WITH THE ORIGINAL CODE OR WHEN THE ORIGINAL PLAN WAS ADOPTED IN 2011 WHY THAT RANGE

CAME INTO PLAY. >> PRESIDENT B. MICHAEL: I'M WONDERING ALSO IF YOU HAVE 14, SO YOU HAVE SEVEN, SO IF OU WERE GOING TO BUILD A BUILDING AND IF YOU WANTED TO SQUARE IT, YOU CAN'T. IF YOU HAVE SEVEN, THE END UNIT SIDEWAYS SO YOU CAN SQUARE OFF OR PART OF THE STATE OF TEXAS OR FLORIDA WHERE IT IS A PANHANDLE STICKING OUT.

>> I DON'T KNOW ABOUT THAT RATIONALE.

BUT EVEN GIVEN THAT, SIX IS AN EVEN NUMBER AND YOU COULD ACHIEVE A SQUARE OR RECTANGULAR PROJECT WITH SIX.

>> IT DID GO BEFORE PLANNING COMMISSION FOR RECOMMENDATION TO YOU JULY 26TH AND WE HAVE THE CHAIRMAN OF THE PLANNING COMMISSION HERE ALSO. THANK YOU.

I GUESS DO YOU HAVE ANY ADDITIONAL QUESTIONS?

I APOLOGIZE. >> I DO.

PRESIDENT MICHAEL, THEY ARE HAVING PROBLEMS WITH THE AUDIO ON OUR LIVE FEED, SO A REMINDER TO PLEASE TURN YOUR MICROPHONES

ON WHEN YOU ARE TALKING. >> I HAVE LEFT MINE ON THE WHOLE TIME. ALL RIGHT.

GO AHEAD, MS. KOWALCZYK. >> JUST SOME FOLLOW-UP QUESTIONS ON THE TREE FEE. IS THAT FEE STRICTLY APPLIED O THE WILSON BRIDGE CORRIDOR? IS THAT FEE --

>> I'M GLAD YOU ASKED THAT. WE DON'T HAVE A TREE ORDINANCE IN THE CITY OF WORTHINGTON. WHE THESE ARE THE ONLY TWO PARCELS IN THE ENTIRE CITY OF WORTHINGTON THAT ARE SUBJECT TO THE TREE FEE. IF YOU LOOK AT THE WHOLE CORRIDOR, NOT SURE IF I HAVE AN ORTHO OR NOT.

I THOUGHT I DID OF THE WHOLE CORRIDOR.

THESE ARE PROBABLY THE ONLY TWO REAL LOTS YOU'LL SEE THE IMPACT TO THIS DEGREE OF TREES. THE REST OF THEM HAVE SOME REALLY NICE TREES ON IT THROUGHOUT THE CORRIDOR.

BUT NOT AS HEAVILY WOODED AS THIS.

THESE ARE THE ONLY TWO PARCELS IN THE ENTIRE CITY OF WORTHINGTON THAT HAVE THE FEE OR ARE SUBJECT TO IT.

OTHER DEVELOPMENTS CAN REMOVE THEIR TREES.

WE HAVE A TREE REPLACEMENT THAT YOU ARE APPROVED FOR THIS DEVELOPMENT, REQUIRED, YOU HAVE TO PLACE IT BACK.

THESE ARE THE ONLY TWO PARCELS SUBJECT TO A TREE FEE.

>> THAT WAS IN RESPONSE TO A DEVELOPER'S INTEREST IN

CLEAR-CUTTING THE PROPERTY. >> RIGHT.

AS STAFF WE LOOKED AT IT, IS IT THE POSSIBILITY OF LOOKING AT THE UNIQUE TREES THAT YOU CAN FIND ON THE PROPERTY THAT NEEDED TO BE SAVED OR IS THERE A WAY TO IF YOU FIND SOME THAT ARE REALLY NICE TO INCORPORATE THEM INTO THE OVERALL DEVELOPMENT THEMSELVES INSTEAD OF JUST HAVING, YOU CAN TELL A LOT OF THE DEVELOPMENTS SURROUNDING COLUMBUS, YOU CAN TELL AT ONE TIME WERE FARM FELDS, WE WANTED TO BE ABLE, THERE IS A 30, 40, 50-YEAR-OLD TREE ON THE SITE, A WAY TO INCORPORATE THEM INTO THE

DEVELOPMENT THEMSELVES. >> PERHAPS ADDING TO THE DISCUSSION ABOUT TREES, WOULD IT BE POSSIBLE TO PUT UP THE PHOTO? I WENT OUT TO THE SITE WHEN I FIRST READ THE PLAN.

NOTHING LIKE WALKING THE SITE. I'M AMAZED THAT IT LOOKS THE WAY IT DOES. IT ALMOST LOOKS BARREN.

[00:35:05]

AND THE STREETFRONT PHOTOS DON'T DO JUSTICE TO THE EMERGING FOREST. I WENT OUT THERE ND SHOT A HALF DOZEN PHOTOS. WALKED BACK INTO THE PROPERTY AND DID A 180 AND TOOK PICTURES. IF YOU CAN GET THEM UP HERE IT CAN GIVE US A FEEL FOR WHAT THE TREES LOOK LIKE.

JUST ROTATE THROUGH THEM ALL FAIRLY QUICKLY.

WHY WE CAME TO THE CONCLUSIONS AND THE RECOMMENDATIONS.

IF WE DO, I WILL ANSWER. BUT BEFORE WE START THERE, THIS IS A PROPERTY THAT'S BEEN IN FRONT OF THE COMMISSION FOR A NUMBER OF YEARS. IT'S ONE IT HAS A LOT OF TREES.

SOME WE COULD CALL -- TREES, WHICH WE HAVE SOME IN THE BACK OF OUR YARD. ONE OF THE THINGS.

WE TALKED WITH A NUMBER OF DEVELOPERS AND THERE WAS ONE PERSON WHO CAME IN AND WANTED TO PUT 32 UNITS, 34 UNITS, SOMETHING LIKE THAT. AND THEY FELT IT WAS WAY TOO MANY. TOO BUSY AND YOU TALK ABOUT TRAFFIC THAT REALLY WOULD HAVE BEEN PRETTY BAD FOR THE WHOLE

DEVELOPMENT. >> PER ACRE, YOU MEAN?

>> FOR THE WHOLE SITE, YEAH. I'M SORRY, PER ACRE.

WOULD HAVE THE PARCELS TOGETHER? >> OKAY.

>> ONE IS 16 UNITS TO THE ACRE. >> PRESIDENT B. MICHAEL: ALMOST

DOUBLE IT? >> THE OTHER ONE HAD -- AGAIN, THE FIRST GROUP WE SAW, PROBABLY FOUR YEARS AGO, IT INCLUDED THESE THREE PARCELS, THE ONE WITH THE NEW HOUSE ON IT. THAT WENT AWAY.

THE HOUSE SOLD AND THEN THE NEXT PROPOSAL WAS FOR THESE THREE PARCELS. THE ONE TO THE EAST.

BUT THESE TWO HAVE BEEN CONSISTENT THROUGHOUT THE

PROCESS, IT JUST SEEMED VACANT. >> PRESIDENT B. MICHAEL: WHAT

HAPPENED TO THE ONE IN THE EAST? >> WE ARE DEALING WITH THIS APPLICANT. THIS ONE TO THE EAST ACTUALLY SOLD LAST YEAR. WE MET WITH THE PROPERTY OWNER TO LET THEM KNOW WHAT WAS GOING ON IN THE CORRIDOR BECAUSE WE WEREN'T SURE IF IT WAS A HOUSE FLIPPER, OR, YOU KNOW, HOW IT

WOULD PLAY OUT. >>

>> THEY DID NOT WANT TO SELL. MS. FOX HAD REACHED OUT TO THEM

ALSO. >> SO, WHEN WE WERE STARTING TO LOOK AT THIS AND MR. KNNY CAME IN WITH THE FIRST PROPOSITION, IN TERMS OF HOW MANY UNITS HE WOULD LIKE TO HAVE HAD THERE, AND WE NEGOTIATED THAT BACK FROM ORIGINALLY WHAT HE REQUESTED WHERE WE ARE NOW, ONE OF THE MAJOR PARTS OF THE SOLUTION WERE THE TREES THAT WERE THERE.

WHAT ARE THE LARGER TREES, THE SPECIMEN TREES WE WOULD LIKE TO KEEP. AND MR. BROWN HAS ALREADY ADDRESSED SOME OF THAT. PRIMARILY THE TREES IN THE CENTER, THE TREES ON THE EAST SIDE.

THE HOMEOWNER TO THE WEST HAD ATTENDED ALL OF OUR MEETINGS.

AND AT THE LAST MEETING ONE OF THE REQUESTS THAT HE HAD OF THE DEVELOPER IS ALONG OUR PROPERTY LINE YOU DIDN'T BRING THE TREES DOWN AS FAR AS OUR HOUSE WAS. WOULD YOU CONSIDER ADDING MORE TREES AND MR. KENNY TALKED ABOUT IT AND SAID YES, WE WILL DO THAT, SO THEY HAVE IN FACT ADDED MORE TREES ON THE WEST

[00:40:01]

SIDE. AS FAR AS THE NEIGHBORS TO THE SOUTH, THERE ARE MEETINGS WITH THE NEIGHBOR ON THE SOUTH SIDE.

DO WE DO EARTH AND BERM, DO WE DO TREES AND EVERYBODY FELT COMFORTABLE. THEY WERE CONCERNED WITH HEIGHT, THEY DIDN'T WANT TO GO ANY TALLER.

I THINK THE BUILDING IS RIGHT WHERE EVERYBODY WANTED IT TO BE.

SO AT THE END OF THE DAY, WE WERE USING THE TREES, WE WERE USING THE LAYOUT, WE WERE TALKING ABOUT THE ROAD ACCESS IN AND OUT, AND THE SAFETY OF THAT.

WE USE THAT AS A BARGAINING CHIP TO GET THE ARCHITECTURAL AESTHETICS WE WANT ON THE BUILDING AS WELL.

SOME OF THE MATERIALS MORE DURABLE, SIGHTLY, WE GOT MORE BRICK THAN PROPOSED, SO EVERYBODY WAS HAPPY.

THAT'S KIND OF WHERE WE ARE. WE ARE COMFORTABLE AS A COMMISSION. I BELIEVE IT WAS A UNANIMOUS VOTE. I DON'T RECALL.

>>

SO WITH THAT, ANY QUESTIONS? >> PRESIDENT B. MICHAEL: I'M JUST WONDERING, LOOKING AT THE DRAWING, I SEE THE BRICK.

WHAT IS THE MATERIAL IN BETWEEN THE SEGMENTS OF BRICK?

>> THAT'S HEARTY PLANK. >> IT'S HEARTY PLANK, A MIX OF DUTCH LAP SIDING ALSO. THAT VERSION DOESN'T ALWAYS

LOOK AS GREAT. >> THERE ARE FEATURES, SOME OF THE COLUMNS DIDN'T WORK OUT WITH THE ARCHITECTURE SO WE WENT BACK TO KEEP IT MORE WITH THE REST OF THE BUILDING.

>> THIS ISN'T IN ARCHITECTURAL REVIEW DISTRICT BUT WE BUILT ADDITIONAL TEETH INTO THE DESIGN GUIDELINES WHAT IS TO BE BUILT IN THE WILSON RIDGE CORRIDOR, THAT'S WHERE YOU SEE SOME OF THIS COMING INTO PLAY RELATED TO THE ARCHITECTURE AND

THE BETTER MATERIALS. >> CAN YOU SHARE EITHER YOUR PERSONAL THINKING OR SPEAK FOR M.P.C.

>> SURE. >> HOW DO YOU APPROACH THIS ISSUE OF DENSITY WHEN THE CODE IS PRETTY CLEAR AND SAYS BETWEEN 10-14, IT WAS PASSED LAST YEAR, THIS ISN'T AN ARCHAIC ORDINANCE, WHY WOULD YOU NOT STICK WITHIN WHAT'S

PRESCRIBED IN CODE? >> WHEN WE LOOK AT PROJECTS LIKE THIS, AND IT HAPPENS JUST MORE FREQUENT THAN WHAT YOU WOULD THINK, DEVELOPERS COME AND ASK FOR THE VOTE.

IF THEY GET THAT, THEY HAVE HIT A HOME RUN.

THEY HAVE EVERYTHING THAT THEY WANT.

I'VE BEEN AN ARCHITECT SINCE 1982, SO I'M USED TO LOOKING AT THESE THINGS. AND WE LOOK AS A BALANCE.

WE'RE NOT HERE TO SEE HOW W CAN KILL A PROJECT.

MY PERSONAL POSITION IS WE ARE LOOKING AT WHAT WE CAN DO TO MAKE A PROJECT THAT WORKS BOTH FOR THE DEVELOPER BUT ALSO FOR THE CITY OF WORTHINGTON. AND SMETIMES THAT MEANS SOME COMPROMISE. THIS ISN'T CERTAINLY THE FIRST PROJECT WE HAVE MADE COMPROMISES ON AND IT CERTAINLY WON'T BE THE LAST. I CAN'T THINK OF A SINGLE INSTANCE WHERE WE HAVE HAD A SIGNIFICANT COMPROMISE I REALLY REGRETED VOTING THE WAY THAT I DID.

PROBABLY THE LARGEST SINGLE EXAMPLE OF THAT SINCE I'VE BEEN ON THE COMMISSION IS THE HEIGHTS.

SOME OF THE COMPROMISES OR THE NEGOTIATING THAT WE WENT BACK AND FORTH TO MAKE SOME OF THE CHANGES.

IF THEY WERE TO CME BACK AND SAY INSTEAD OF THE 16 UNITS THEY WANTED 20, THAT WOULD HAVE BEEN A NO-STARTER FOR ME.

I LOOK AT THE SIZE OF THE LOT AND THE WAY IT LAYS OUT AND THE DISTANCES FROM THE HOUSES AROUND IT.

WHAT'S GOING TO BE THE IMPACT ON THE NEIGHBORS.

IS IT GOING TO BE ONEROUS ON THEM.

AND IN THIS CASE WE DIDN'T FEEL THAT IT WAS.

WE ALSO ARE VERY INTEREST TODAY MAKE SURE WE HAVE A QUALITY DEVELOPER COME AND DO THIS PROJECT.

I'VE BEEN INVOLVED WITH A NUMBER OF PROJECTS OVER THE YEARS I HAVE REGRETTED WORKING WITH THE DEVELOPERS THAT I HAVE.

THIS PROPERTY HAS LAID AFOUL FOR A LONG, LONG TIME.

WE WANTED SOMETHING TO KICK OFF EVERYTHING WE WERE PROPOSING OVER THERE BUT WE WANT IT HAD TO BE THE RIGHT PROJECT.

WE TALK A LOT ABOUT GATEWAY PROJECTS WHERE YOU ARE COMING INTO THE CITY, WHAT IS THE FIRST THING YOU SEE AND WHAT DOES THAT REPRESENT. WE FELT TIS WAS A GOOD REPRESENTATION WHAT WE WANTED TO SEE IN TERMS OF QUALITY OF DEVELOPMENT ALONG WILSON BRIDGE ROAD.

WE WERE WILLING TO GIVE WITH RESPECT TO THE NUMBER OF UNITS.

[00:45:01]

IF THEY CAME BACK TO SAY 18-20 THAT WOULD HAVE PROBABLY BEEN A NON-STARTER, NOT ONLY MYSELF BUT MEMBERS OF THE COMMISSION.

>> I KNOW WHEN THE HEIGHTS CAME THROUGH, BACK WHEN I STARTED IN 2013, THE UNIT COUNT FOR THE HEIGHTS IS ACTUALLY 73 UNITS TO THE ACRE. BUT AT THE TIME WE LOOKED AT THE ENTIRE SITE ITSELF, HERE IS THE MIXED USE OF ALL THE PROPERTY MR. CARTER OWNED, WITH THE MLL, THE KROGER, THE BANK IN FRONT, CHASE AND ALL THAT AND IF YOU BREAK IT DOWN TO WHAT WAS ORIGINALLY PART OF THE MALL IT COMES OUT TO 10-12 UNITS PER ACRE, BUT IF YOU WENT BY THE LOT SIZE THE APARTMENT SITS ON. YOU ARE LIKE HOLY COW, THAT'S 73 UNITS PER ACRE, THAT'S A LOT. BUT IT WAS LOOKED IN THE

CONTEXT OF THE WHOLE AREA. >> PRESIDENT B. MICHAEL: IS THERE ANYTHING ELSE YOU WANTED TO ADD?

>> NO, THAT'S IT. THANK YOU.

>> PRESIDENT B. MICHAEL: STAY TUNED.

WE MIGHT BE NEEDING YOU AGAIN. >> ARE WE SORT OF TOWARD THE

END OF TESTIMONY? >> PRESIDENT B. MICHAEL: WE

HAVE MORE PEOPLE. >> I RECOMMEND YOU HEAR FROM

THE APPLICANT. >> PRESIDENT B. MICHAEL: YEAH.

I THINK AT THIS POINT IN TIME, WHY DON'T WE HEAR FROM THE APPLICANT. I THINK THAT WOULD BE

APPROPRIATE. >> GOOD EVENING, MEMBERS OF COUNCIL. MY NAME IS DAVID HODGE.

I'M AN ATTORNEY WITH THE LAW FIRM, UNDERHILL AND HODGE, 43054. HERE THIS EVENING ON BEHALF OF THE APPLICANT AND CONTRACT PURCHASER, OXFORD CIRCLE L.L.C.

GREAT DISCUSSION. AND I THINK ALMOST ALL MY THUNDER HAS BEEN STOLEN, SO IF ANY OF THIS REDUNDANT OR SOUNDS REPETITIVE, IT'S BECAUSE IT IS. I THINK I HAVE A COUPLE ACES UP MY SLEEVE TO ADDRESS SOME OF THE QUESTIONS THAT HAVE COME UP.

I DO HAVE SOME PREPARED REMARKS, I WILL GO THROUGH THOSE AND HOPEFULLY ADDRESS SOME O THE QUESTIONS AND COMMENTS THROUGHOUT THE COURSE. WE APPRECIATE THE OPPORTUNITY TO BE HERE BEFORE YOU THIS EVENING ON THIS PROJECT.

FOR US I DID START MANY MONTHS AGO WITH MEETINGS WITH STAFF AND OTHERS ON MY CLIENT'S OTHER PROJECT IN TOWN, DUBLIN-GRANVILLE AND PROPRIETORS ROAD.

I THINK IT WILL BE A GREAT ASSET AND GATEWAY INTO THE CITY OF WORTHINGTON. WE WERE ADVISED VERY EARLY ON, AND I THINK RIGHTLY SO, BY THE STAFF AND OTHERS, TO REVIEW THE WILSON BRIDGE ROAD CORRIDOR STUDY DOCUMENT THAT'S BEEN IN PLACE SINCE 2011. WE WERE ALSO ADVISED TO, RIGHTLY SO, TO GO SEE SOME OF OUR SURROUNDING PROPERTY OWNERS.

WE CALLED A MEETING, IT WORKED OUT IT WAS A FRIDAY NIGHT IN THE RAIN AT PANERA AT THE MALL. I HAD MY CLIENT PAY ME TIME AND A HALF FOR MAKING ME WORK FRIDAY NIGHT AFTER HOURS IN THE RAIN. BUT WE HAD A GREAT MEETING WITH THEM. AND THEY WERE REALLY APPRECIATIVE, I THINK, TO SEE THE PLAN THAT WE HAD AD THE FACT THAT WE RCOGNIZE THE SOUTHERN PERIMETER, THE FACT WE WERE OPEN TO FENCING AND LANDSCAPE PRESERVATION.

THEY LOVED THE WAY IT FRAMED WILSON BRIDGE ROAD, IT WAS CONSISTENT WITH THEIR VISION HOW THE PROPERTY WOULD DEVELOP AND THESE FOLKS ALL WERE ON THE STEERING COMMITTEE FOR THE PLAY AND THE ULTIMATE ADOPTION OF THE CODE.

ONLY ONE OF THE NEIGHBORS IN THE IMMEDIATE AREA SOWED UP AT OUR UNDERLYING MEETINGS AND THAT WAS THE NEIGHBOR TO THE WEST. AND THE NEIGHBOR T THE WEST ACKNOWLEDGED THAT HE KNEW A PROJECT OF THIS ILK WAS ON ITS WAY TO THE PROPERTY. HE ACKNOWLEDGED HAVING BEEN CONTACTED PREVIOUSLY BY STAFF AND OTHERS AT THE CITY AND HIS ONLY CONCERN WAS WHY IS THE PERIMETER NOT GOING TO EXTEND DOWN THE SOUTH AND COULDN'T THERE BE A FENCE? WE ULTIMATELY ENDED UP, WITH WHAT I BELIEVE, IS AN ELEGANT SOLUTION TO THAT. THAT'S SOME BRICK POLES, NOT POLES -- POSTS, ALONG THE SIDE WITH ARBOR VITAE.

IT'S SOMETHING THAT MY CLIENTS SAW ON A VACATION IN CAROLINA AND WE IMPLEMENTED THAT IN OUR LANDSCAPE PLAN AND THAT'S A COMMITMENT HERE. THE PROPERTY IS ZONED FOR THIS USE AND ACCORDING TO THE WILSON BRIDGE ROAD CORRIDOR STUDY THIS IS PRECISELY THE TYPE OF HOUSING IN THIS LOCATION THAT IS UNDERSERVED IN THE CITY OF WORTHINGTON.

AFTER MEETING WITH NEIGHBORS IN THE SUBMISSION OF THE APPLICATION IT WS REVIEWED AND SCRUTINIZED BY THE PLANNING

[00:50:04]

COMMISSION WHO UNANIMOUSLY APPROVED IT, FOR THE PRELIMINARY PLAN AND UNANIMOUSLY RECOMMENDED THAT COUNCIL ADOPT THE FINAL PLAN BEFORE YOU THIS EVENING.

IT WAS RECOGNIZED BY EVERYBODY LEADING UP TO TONIGHT THIS IS THE CORRECT LAND USE AT AN APPROPRIATE DENSITY.

IT WAS ALSO RECOGNIZED THIS PROJECT COULD PROVIDE A SPARK TO KICK OFF OTHER ATIVITY IN THE CORRIDOR.

SOMETHING THAT WAS A PIECE O THUNDER THAT MR. COLTER STOLE FROM ME. I THINK THOSE WERE HIS WORDS PRECISELY "KICK OFF" AND SOME OF THE LANGUAGE USED IN THIS PLAN. IN 2015, WORTHINGTON CONSIDERED THE WILSON BRIDGE ROAD CORRIDOR ENHANCEMENT PLAN.

AND THIS IS AN EXCERPT OF THAT. THIS PARTICULAR AREA IS FOCUS AREA 5 FROM THAT PLAN. AND WHAT THAT RECOMMENDS IS A RECREATIONAL PEDESTRIAN PATH ALONG THE FRONTAGE.

THIS PROJECT DEDICATES THE RIGHT OF WAY TO CITY OF WORTHINGTON, DONATES THE RIGHT OF WAY.

IT'S OFTEN THE COST OF DOING BUSINESS FOR DEVELOPERS TO DO RIGHT OF WAY BUT THAT HAPPENS HERE TO ACCOMMODATE THAT RECREATIONAL PLAN TO GET FOLKS EVENTUALLY OVER TO MCCORD PARK.

THIS APPLICATION THAT'S BEFORE YOU THIS EVENING, I BELIEVE, MEETS THE SPIRIT AND THE LETTER OF THE WILSON BRIDGE CORRIDOR CODE AND POLICY IN THE FOLLOWING WAYS.

SETBACKS. RIGHT OF WAY DEDICATION FOR THE TRAIL. SCREENING, LOT COVERAGE.

PEDESTRIAN ACCESS, DESIGN, MATERIALS, LANDSCAPING, LIGHTING, SIGNAGE, PUBLIC SPACES AND BICYCLE PARKING.

IT IS HERE, AS I MENTIONED, WITH A POSITIVE RECOMMENDATION FROM PLANNING COMMISSION. POSITIVE RECOMMENDATION OF CITY STAFF. AND THE IMPLIED ENDORSEMENT OF NEIGHBORS WHO, THROUGHOUT THE PROCESS, AT LEAST LEADING UP TO THIS EVENING, INDICATED THEIR SATISFACTION WITH THE PROJECT.

NOW, A COUPLE OF THINGS THAT I WOULD LIKE TO ADDRESS, SPECIFICALLY. AND THERE'S BEEN QUITE ABIT OF DISCUSSION ABOUT THE DENSITY HERE AND WE HAVE REQUESTED A VARIANCE TO ASK FOR FOUR ADDITIONAL UNITS OVERALL.

AND THIS WILSON BRIDGE ROAD CORRIDOR STUDY, IT SPEAKS, IN ITS INTRODUCTION, TO HOW THIS PLANS TO BE USED.

AND I'VE, YOU KNOW, FOR THE LAST 20 YEARS DEALT WITH THE INTERPLAY BETWEEN PLANS AND GUIDELINES AND LAW, AND WHAT'S WHAT AND WHO'S WHO AND HOW YOU ARE SUPPOSED TO LOOK AT THEM.

CERTAINLY YOU HAVE THE CODA DOPTED BUT THIS PAN IS STILL THE PLAN AND IT'S A GUIDE FOR HOW DECISION MAKERS SUCH AS YOURSELVES ARE TO VIEW THESE THINGS.

I'M GOING TO READ SOME OF THIS VERBATIM, I WILL TRY TO BE QUICK. IT SAYS HOW TO USE THIS PLAN, IT'S INTENDED TO BE USED AS A DAILY BASIS AS PUBLIC AND PRIVATE DECISIONS ARE MADE CONCERNING NEW DEVELOPMENT.

REDEVELOPMENT, CAPITAL IMPROVEMENTS ECONOMIC INCENTIVES AND OTHER MATTER AS INFECTING THE CORRIDOR.

THE FOLLOWING IS A SUMMARY HOW DECISIONS AND PROCESSES SHOULD ALIGN WITH THE GOALS AND STRATEGIES OF THE PLAN.

AND THEN IT GOES THROUGH SEVERAL STEPS.

STEP 7 SAYS BE FLEXIBLE. AND IT SAYS, IT IS INTENDED, THIS IS INTENDED TO SERVE AS A GUIDE TO HELP THE CITY DEVELOPMENT COMMUNITY AND LOCAL RESIDENTS PLAN FOR THE REDEVELOPMENT OF THE CORRIDOR. THIS PLAN IS INTENDED TO BE FLEXIBLE AND FLUID AND SHOULD BE UPDATED AND AMENDED AS APPROPRIATE AS PROJECTS, POLICIES AND PROGRAMS DEVELOP OVER TIME THEY MAY NOT LOOK EXACTLY LIKE THE IMAGES IN THE DOCUMENT BUT THEY SHOULD ADDRESS THE ITENT OF THE PLAN, SKETCHES PROVIDE A BROAD SENSE HOW THEY MAY FUNCTION IN THE CORRIDOR AND PROVIDE A SENSE OF INTENDED DEVELOPMENT CHARACTER.

WHEN WE TALK AOUT DENSITY, AT LEAST MY SIDE OF THE PODIUM, WE TALK ABOUT HOW IT WILL FIT, WHETHER THERE WILL BE ADEQUATE PARKING. BUILDING HEIGHTS.

HERE WE HAVE ADEQUATE PARKING. WE MEET THE BUILDING HEIGHT REQUIREMENT OF THE CODE. AND FOUR UNITS IN TERMS OF ITS INTERFACE WITH ADJACENT PROPERTIES AND IN TERMS OF ITS INTERFACE WITH THE PUBLIC RIGHT OF WAY WOULDN'T MAKE A FLINT OF DIFFERENCE TO THIS PROJECT IN TERMS O THE WAY IT REACTS TO THE COMMUNITY BUT IT MAKES A DIFFERENCE TO THE DEVELOPABILITY OF THE PROPERTY. SO THAT WAS THE DENSITY ISSUE.

>> PRESIDENT B. MICHAEL: WHAT DIFFERENCE DOES IT MAKE IN THE

DEVELOPABILITY OF THE PROPERTY? >> BECAUSE IT'S A DIFFERENCE IN -- MAYBE NOT DEVELOPABILITY, MAYBE I DIDN'T SAY THAT RIGHT.

IT MAKES A DIFFERENCE IN TERMS OF HOW YOU CAN MAKE ECONOMIC SENSE OF A PROJECT LIKE THIS. WHICH IS IMPORTANT TO ANYBODY THAT'S GOING TO COME IN AND DO THIS, WORKING WITH ALL OF THE

[00:55:02]

VARIABLES INVOLVED WITH DEVELOPMENT.

I ADDRESSED THE ISSUE TO THE NEIGHBORS OF THE EAST AND WEST.

AS FAR AS OTHER APPLICANTS WERE CONCERNED, I REPRESENTED ONE OF THOSE, THAT PROJECT NEVER CAME TO FRUITION, THOUGH WE HAD MANY, MANY MEETINGS WITH MR. COLTER, WE HAD MANY MEETINGS WITH LEE AND LINDA. IT'S THE OWNER OF THE PROPERTY.

AND HE NEVER COULD GT COMFORTABLE THAT HE WAS GOING TO FILE AN APPLICATION AND WORK THROUGH TT PROJECT SUCCESSFULLY.

THAT HAD A LOT TO DO WITH THE TREE FEE.

IT HAD A LOT TO DO WITH THE BUILDING MATERIAL REQUIREMENTS.

HE IS A DEVELOPER OF COLUMBUS AND GRANDVIEW.

COLUMBUS AREA BETWEEN GRANDVIEW AND ARLINGTON.

AND HE IS ABELIEVER IN FINAL SIDING IN TERMS OF LONG-TERM MAINTENANCE. WE DIDN'T HAVE THAT ISSUE HERE.

MR. KENNY SUBMITTED AN APPLICATION WITH ALL NATURAL MATERIALS AND WE SUCCESSFULLY WORK WORLD YOUR PLANNING COMMISSION AND THE A.R.B. TO MAKE SURE THAT THESE BUILDINGS ARE WHAT THEY SHOULD BE. THE FREE FEE.

-- THE TREE FEE. I HAVE SPENT MORE TIME STUDYING THE TREE FEE AND HOW IT APPLIES TO THIS SITE THAN I WILL BOTHER TO TELL YOU. I HAVE ALSO SEPARATELY AND FIRMLY ENCOURAGED PEOPLE TO NOT COME OVER AND CUT OFF TREES.

THEY SAID DO THE ANALYSIS, LET ME KNOW WHAT WILL HAPPEN IF I CLEAR CUT THE SITE. I SAID DON'T DO IT.

YOU WILL END UP IN THE SUNDAY EDITION OF THE DISPATCH.

WHO IS THE JERK WHO CLEAR CUT ALL THE TREES ON WILSON BRIDGE ROAD. DON'T DO IT.

THIS TREE FEE WOULD BE IN EXCESS OF $200,000.

THAT'S MORE THAN THE CURRENT OWNER PAID FOR THE PROPERTY.

WE HAVE THOUGHTFULLY AND SENSITIVELY APPROACHED THIS TREE PRESERVATION ISSUE WITH THIS PLAN IN TERMS OF THE BUFFER ON THE SOUTH, IN TERMS OF SETBACKS ON THE SIDES AND PRESERVATION OF TREES IN THE MIDDLE AND OUR COMMITMENT TO DO THE LANDSCAPING PLAN THAT'S BEFORE YOU THIS EVENING.

IT'S A TOUGH ONE. BUT IT'S A VARIANCE THAT IS ABSOLUTELY NECESSARY TO THE DEVELOPABILITY OF THE PROPERTY.

I PROMISED MY CLIENT I WOULDN'T TALK TOO MUCH AND I HAVE ALREADY DONE THAT. WE WILL STOP AND DO OUR BEST TO

ANSWER ANY QUESTIONS. >> PRESIDENT B. MICHAEL: HOW FAST WOULD YOU MOVE FORWARD IN STARTING THIS PROJECT IF WE --

>> SO, FROM A LEGAL PERSPECTIVE, I BELIEVE WE ARE IN AN ADMINISTRATIVE PROCESS AND NOT A LEGISLATIVE PROCESS.

I THINK YOUR LEGAL CUNSEL WOULD AGREE WITH ME THERE.

WHICH MEANS THERE'S A 30-DAY PERIOD SOMEONE COULD FILE AN APPEAL TO COURT FRMT MR. KENNY WILL THEREAFTER CLOSE WITH THE PROPERTY OWNER AND WORK TO PULL PERMITS AND START CONSTRUCTION, CERTAINLY IN THE SPRING. IF NOT, BEFORE.

>> PRESIDENT B. MICHAEL: THANK YOU.

IF WE HAVE SOMETHING ELSE WE WILL CALL YOU BACK.

>> THANK YOU. >> PRESIDENT B. MICHAEL: THE TREES, DID YOU WANT TO COMMENT BECAUSE I KNOW YOU HAVE WORKED WITH THE TREES? OKAY.

>> BASICALLY, I CAN TELL YOU KIND OF EXACTLY WHAT I SAW ON THE SITE WHEN I WALKED WITH LEE AND LINDA.

A COUPLE WEEKS AFTER THAT A FELLOW CO-WORKER OF MINE, SCOTT BROWN, A FELLOW ARBORIST, WE WALKED THE SITE WITH AN EYE LOOKING AT SPECIMEN TREES, TREES YOU WANT TO GO TO BAT FOR AND PROTECT. I DIDN'T SEE MUCH OF THAT ON THAT SITE. WHAT I HAVE SEEN ON THAT SITE IS A YOUNG FOREST. YOU HAVE A LOT OF VOLUNTEER TREES COMING UP AND STARTING TO GROW INTO A FOREST.

THE FORESTS GROW IN SUCCESSIONS AND WHAT YOU HAVE HERE IS YOUR FIRST SUCCESSION OF FORESTS WHEN YOU HAVE CERTAIN SPECIES THAT COME IN, YOUR MULBERRIES, YOUR BOX ELDERS, YOUR -- LIKE RED. IT BECOMES A WHILE TO BECOME DOMINANT, OAKS, HICKORIES AND BEECH.

THEY ARE ON SITE BUT THEY ARE STILL FIGHTING IT OUT WITH THE LEAST DESIRABLE TREES THAT ARE ON THE SITE.

EVENTUALLY IF YOU KIND OF LET THINGS GO, THEY WILL BECOME DOMINANT AND YOU WILL HAVE A NICE FOREST THERE.

RIGHT NOW IT'S KIND OF YOUNG AND COMING ON.

[01:00:02]

IT'S ALSO VERY THICK. THERE'S A LOT OF, YOU KNOW, YOU GET THAT FIRST FLUSH OF GROWTH, YOU GET A LOT OF COMPETITION, THE TREES ARE ALL CLOSE TOGETHER AND CURRENTLY FIGHTING IT OUT. ANY QUESTIONS?

>> THIS MIGHT BE A QUESTION FOR LEE.

BUT DO WE HAVE ANY OTHER ZONING FOR RESIDENTIAL THAT REQUIRES

THE PRESERVATION OF TREES? >> NOT THAT I KNOW OF.

LEE, IS THERE? >> IN PLANNING AND ZONING CODE WE DON'T HAVE ANY. WE HAVE REQUIREMENTS TO ADD.

WITH ANY PROJECT, MAKE SURE MY MIC IS ON, ANY PROJECT WE HAVE, WE TRY TO INCORPORATE IF THERE'S EXISTING TREES, IF THERE'S A VARIANCE NEEDED TO GET A TREE SAVED.

WE HAVE WORKED WITH APPLICANTS AND PROPERTY OWNERS, THERE'S NO ACTUAL REQUIREMENT TO PRESERVE THE TREES EXCEPT FOR THESE TWO

LOTS. >> PRESIDENT B. MICHAEL: SO THE IDEA OF THE TREE FEE AND THEN THE REQUEST FOR WAIVER IN ITS ENTIRETY IN THIS SITUATION, IS THIS FEE SOMETHING WE WOULD CONSIDER FOR OTHER PROPERTIES IN THE FUTURE? I'M TRYING TO FIGURE OUT THE LOGIC BEHIND IT, A PRESERVATION PLAN AND FEE WE PLAN ON WAVING. -- WAIVING.

>> WHAT WE HAVE GOING ON THROUGH THE COMMUNITY, OTHER TREES AND REMOVING THEM F. WE GO TOWARD ANOTHER TREE ORDINANCE THERE NEEDS TO BE DELVED INTO WHAT IS AN APPROPRIATE CALIPER INCH SIZE AND FEE.

I THINK THIS ONE WAS LOOKING AT A COMBINATION OF ALL OF THOSE.

OKAY, HERE IS WHAT WAS BEING PROPOSED IN THE CODE.

AS SOME OF YOU KNOW ON THE COUNCIL, IT'S LIKE EERY TIME YOU COME UP WITH A CODE, THEN YOU PUT IT IN THE REAL WORLD, YOU ARE LIKE, OH, THAT DOESN'T QUITE MAKE SENSE.

I THINK THIS IS ONE OF THE SITUATIONS WHERE THE REAL LIFE INTERPRETATION OF WHAT YOU PUT IN THE CODE, I DON'T THINK THAT WAS NECESSARILY THE INTENT WAS TO SAY THIS WILL BE $250,000-$300,000 FOR THE TREE FEE TO GO IN THE PIGGY BANK FOR THE TREE REPLACEMENT PROGRAM. IT NEEDS TO BE LOOKED AT AGAIN.

WHETHER IT'S TODAY OR IN THE COMING MONTHS IS SOMETHING WE SHOULD DEFINITELY LOOK AT WITH STAFF.

>> PRESIDENT B. MICHAEL: ALSO LOOKING AT IT AS A DETERRENT TO CLEAR CUT. WE DIDN'T WANT PEOPLE TO COME IN AND SAY OKAY, WE CAN COME IN AND CLEAR CUT.

TO THINK THIS IS A THOUGHT AND DETERRENT FOR CLEAR CUTTING.

THESE ARE THE ONLY TWO PARCELS OF PROPERTY THAT HAVE ANYWHERE NEAR AS MANY TREES AS THE REST OF THE CORRIDOR.

>> R. DOROTHY: SO FROM THAT PERSPECTIVE THE TREE FEE HAS ACCOMPLISHED ITS GOAL BECAUSE IT'S CAUSED DEVELOPERS TO

CONSIDER THAT. >> CORRECT.

I THINK A LOT OF THE ONES WE SAW, MR. COLTER AND MR. HODGE MENTIONED TAT'S COME UP, IT'S BEEN HIGHER DENSITY, A DIFFERENT TYPE OF PRODUCT. EVEN THOUGH THE CODE WAS NOT IN PLACE FOR THE PROPERTY OR EVEN REZONED AT THAT TIME, THE DISCUSSION OF IT AND WHAT WAS PLANNED FOR THE CORRIDOR, A LOT OF THEM BACKED OFF. HIT PEOPLE HARD WITH DON'T DO THE CLEAR CUT BECAUSE YOU ARE GOING TO GET NO LOVE FROM ANY OF US. SO I THINK THAT'S KIND OF WHERE

THAT CAME FROM. >> IF I COULD ADD THE ARBOR ADVISORY COMMITTEE COULD HELP WITH ANY KIND OF REWRITE OF

THAT SITUATION. >> THANK YOU.

>> PRESIDENT B. MICHAEL: WE HAVE PAULA DEMMING WHO SIGNED A FORM TO COME UP. IF YOU WOULD LIKE TO COME UP?

>> WHAT DO YOU NEED FROM ME? >> PRESIDENT B. MICHAEL: WE

HAVE YOUR NAME AND ADDRESS. >> ALL RIGHT.

FOR ANYONE ELSE WHO MIGHT BE HERE, I'M PAULA DEMMING, I HAVE LIVED IN WORTHINGTON NOW FOR 23 YEARS AND I'M A LONG-TIME ENVIRONMENTALIST. AND I'M LARGELY HERE TO SPEAK FROM MY VIEW POINT AS A MEMBER OF SUSTAINABLE WORTHINGTON, WHICH IS A LOCAL ORGANIZATION THAT IS CONCERNED ABOUT A LOT OF DIFFERENT THINGS INCLUDING FOREST LANDS AND URBAN FOREST CANOPY. SO THAT'S MY CONSIDERATION HERE.

[01:05:04]

FIRST, I WANT TO SAY, IT'S A BEAUTIFUL PLAN.

I THINK IT WILL ENHANCE THIS PARTICULAR CORRIDOR, IMMEASURABLY. IT IS REALLY NICE.

I ALSO WANT TO SAY THAT I AGREE WITH SEAN DOHERTY, IT'S A YOUNG FOREST AND IT'S NOT PARTICULARLY VALUABLE WHEN YOU ARE TALKING ABOUT SPECIMEN TREES.

THESE, IN OTHER SITUATIONS, IF THEY SHOWED UP IN MY YARD FOR EXAMPLE, I WOULD CALL MY ARBORIST AND ASK HIM TO TAKE IT OUT, IT GOT TOO BIG FOR US, WE WANT TO PLANT SOMETHING BETTER.

SO FOR LANDSCAPE PURPOSES THE TREES ON THE SITE MAY NT HAVE PARTICULAR VALUE. BUT, IF YOU ARE TALKING ABOUT A FOREST, WHICH IS WHAT WE ARE, THIS IS A YOUNG FOREST.

IT'S LIKE FIRST SUCCESSION. AND WHEN YOU HAVE AN EMERGING FOREST LIKE THIS, IT TAKES ON A DIFFERENT KIND OF VALUE.

IT IS BEING TREATED AS A UNIT, NOT AS A BUNCH OF SPECIMEN TREES. NOT AS A TREE-LINED STREET, WHICH SAY GORGEOUS THING BUT THAT APPLIS TO LANDSCAPE.

THIS IS REALLY NOT A LANDSCAPING ISSUE.

SO IF YOU ARE TAKING DOWN THE FOREST, WHICH IS WHAT YOU ARE, YOU CAN SAVE A LITTLE BIT OF IT, BUT ACTUALLY THE ONES YOU ARE SAVING, THERE ARE PROBABLY NOT MUCH LANDSCAPE VALUE SO PERHAPS YOU DO WANT TO TAKE THOSE DOWN AND PLANT SOMETHING THAT WOULD ENHANCE THE SITE. I'M KIND OF CIRCLING AROUND HERE TO SHOW THERE'S KIND OF DIFFERENCE BETWEEN WHAT'S THERE AND WHAT WILL BE THERE AND HOW YOU VALUE TREES.

WHAT I AM CONCERNED ABOUT IS WE ARE GOING TO BE LOSING A LOT OF FOREST CANOPY. THAT'S MY MAJOR CONSIDERATION.

WE HAVE TO HAVE TREES IN THE CITY.

THE TREES ARE OUR LUNGS, WE ARE ALSO DEALING WITH AN ECOSYSTEM WHERE THERE ARE WILDLIFE LIVING THERE.

THEY WILL BE FORCED OUT. THAT JUST HAPPENS WHEN YOU CUT DOWN TREES AND STUFF LIKE THAT. AND THEY HAVE TO FIND OTHER PLACES TO LIVE. SO WHAT ARE WE GOING TO DO ABOUT BRINGING IN OTHER TREES? WELL, THAT'S WHERE I LOOK AT THIS, TREE REPLACEMENT FEE. AS VERY USEFUL THING FOR THE CITY. BECAUSE WHAT ARE WE GOING TO DO WITH THE LOST CANOPY? WE STILL NEED TO HAVE LUNGS FOR OUR CITY, BREATHING, WHICH IS WHAT THE CANOPY DOES.

I COULD SEE, IF WE ARE LOOKING FOR A COMPROMISE SOMEHOW, I COULD SEE PERHAPS SAYING, YEAH, WHAT DO YOU DO WITH THAT $200,000, IF YOU JUST PUT IT IN A FUND.

WHAT DO YOU DO WITH IT? BUT IF, PERHAPS, SOME PLAN COULD BE CREATED SORT OF IN TANDEM WITH THIS LVELY DESIGN FOR DEVELOPING A DIFFERENT SPOT IN WORTHINGTON AS A REPLACEMENT FOREST, OR AS A NEW PARK OR SOMETHING LIKE THAT, I WOULD BE VERY OPEN TO SOMETHING LIKE THAT.

I JUST DON'T WANT TO SEE THIS CUT DOWN, EVEN IF YOU SELECT SOME TREES, WITHOUT CONSIDERATION FOR THE FACT THAT WE ARE LOSING FOREST CANOPY. SO THAT'S PRETTY MUCH WHAT I WANT TO SAY, LET ME SEE IF THERE WERE ANY OTHER WORDS HERE.

I THINK I'VE COVERED IT PRETTY WELL.

THIS IS A SITE THAT I THINK IS APPROPRIATE TO DEVELOP.

IT'S NOT SITTING IN A NICE PLACE WHERE IT WOULD BE A FOREST. I LIKE THE PLAN.

BUT, THERE'S THAT OHER PIECE AND I ASK YOU TO CONSIDER WHAT WE MIGHT DO ABOUT THAT. ANY QUESTIONS?

>> PRESIDENT B. MICHAEL: DO YOU HAVE ANY SUGGESTED LOCATIONS?

>> THAT'S PRETTY HARD. SUSTAINABLE WORTHINGTON HAS BEEN WORKING NOW FOR TEN YEARS ON FOREST RESTORATION PROJECT AT EAST GRANVILLE PARK, MOSES ART NATURE AREA.

WHICH WAS, IT WAS PRETTY MUCH A MONOLITH OF HONEYSUCKLE BEFORE WE TOOK IT IN HAND. IT'S BECOME A RALLY BEAUTIFUL FOREST AND A PLACE PEOPLE LIKE TO GO.

IF WE HAVE MORE PLACES LIKE THAT WITHIN THE CITY OF WORTHINGTON, I WOULD VERY MUCH LIKE HAVING THAT.

WHERE? I DON'T KNOW.

I WOULD SAY YOU START WITH PARKS AND RECREATION.

YOU TALK WITH THE CITY ARBORISTS.

WE HAVE SEVERAL AND WE CAN MEET WITH ALL OF THEM.

COME UP WITH A PLAN. OPENING UP THE DOORS HERE.

SAYING LET'S GET IDEAS INSTEAD OF JUST TAKING DOWN THE TREES,

[01:10:03]

WITHOUT CONSIDERING IT'S NOT JUST TAKING DOWN TREES, IT'S FOREST. OKAY?

>> PRESIDENT B. MICHAEL: OKAY. STEPH, IS THERE ANYTHING ELSE YOU WANT TO BRING UP BEFORE WE START DISCUSSING? OUR DELIBERATIONS HERE? PARDON ME? PLEASE HAND THAT TO MS. THRESS. THANK YOU.

THAT WAY WE HAVE YOUR NAME FOR THE RECORD.

>> AND I BOUGHT OR HOUSE, WE MOVE TODAY WORTHINGTON IN 1991 AND BOUGHT OUR HOUSE IN '92. WE HAVE NOW LIVED HERE FOR 27 YEARS. AND WHAT WE LOVED WERE THE TREES. YOU KNOW, AND EVERYONE TALKED ABOUT, WE HAD A TINY CHILD AND ONE ON THE WAY, AND WE CARED ABOUT THE SCHOOLS, BUT WE LOVED THE TREES.

AND WE NOTICE A DIFFERENCE EVEN NOW BECAUSE WE LOST SO MANY OF THE PEAR TREES ALONG ALL THE STREETS.

WHOLE PARTS OF THE AREA WHERE WE LIVE ON HIGH GATE, WE LIVE ON WINDEN, EVENING STREET NOW HAVE NO TREES.

SOME ON BOTH SIDES OF THE ROAD. SO THAT, I LOOK AT DAVID'S PHOTOS AND THINK, OH MY GOSH, WHAT A BEAUTIFUL FOREST.

EVEN IF IT IS FIRST SUCCESSION. AND IF ONLY WE COULD KEEP THAT AS A PARK AND THEN BUILD HOUSING SOMEPLACE ELSE.

BECAUSE, FOR ME, THE -- WHAT WE WOULD BE DOING IF WE WAIVED THE TREE FEE IS ESSENTIALLY A $200,000 DONATION TO A PRIVATE COMPANY FOR PROFIT. AS WE HEARD, IS A MATTER OF MAKING ECONOMIC SENSE. WHICH REALLY MEANS ABOUT MONEY.

THE WAY THAT I THINK ABOUT IT IS, BOY, WHAT COULD WE DO WITH $200,000? OH, AND BY THE WAY, ALSO I'M ALSO ON THE ARBOR COMMITTEE. AND I'M NOT SPEAKING FOR THEM.

JUST FOR WHY I EVEN WANT TO BE ON THE COMMITTEE.

WE HAVE FRIENDS WHO HAVEN'T REPLACED THEIR OLD PEAR TREES WHEN THEY CAME DOWN IN STORMS. OR THE TREES THEY HAVE LOST IN THEIR OWN GARDENS BECAUSE THEY ARE EXPENSIVE.

AND THEY ARE HARD TO PLANT. AND THEY TAKE TIME TO GROW.

SO, IF WE COULD DONATE SOME OF THAT MONEY TO HELPING HOMEOWNERS AND RENTERS PLANT MORE TREES.

>> PRESIDENT B. MICHAEL: WE CAN'T USE CITY FUNDS ON PRIVATE

PROPERTY. >> EXACTLY.

>> PRESIDENT B. MICHAEL: WE CAN'T USE CITY MONEY TO BUY THINGS WE CAN PUT ON PRIVATE PROPERTY.

>> WHEN WE GRANT VARIANCES, THAT'S ESSENTIALLY CONTRIBUTING TO PRIVATE INTERESTS, EVEN THOUGH IT'S NOT TECHNICALLY

AGAINST THE LAW. >> PRESIDENT B. MICHAEL: IF WE CAN CHARGE THE FEE. BUT IF WE DON'T.

AND MR. LINDSEY, TELL ME IF I'M CORRECT.

IF WE CHARGE THIS FEE, THOSE FUNDS WOULD BECOME CITY FUNDS?

>> RIGHT. >> PRESIDENT B. MICHAEL: AND CITY FUNDS CAN'T BE USED FOR PLANTING THINGS ON PRIVATE PEOPLE'S PROPERTY. AM I CORRECT, MR. LINDSEY?

>> YOU ARE CORRECT. >> PRESIDENT B. MICHAEL: THANK

YOU. >> RIGHT.

AND I UNDERSTAND ABOUT THAT. IT'S JUST THAT WHAT WE ARE DOING LOGICALLY, IF WE GRANT, FIRST THE VARIANCES ARE ABOUT MONEY AS WELL. THEY ARE ALREADY A DONATION.

AND WE HAVE SOME HIGH-DENSITY, OR LOW-DENSITY, BUT MULTI-FAMILY HOUSING BUILT RIGHT UP TO THE SIDEWALKS.

NOW ON THE EVENING STREET THERE'S ONE.

AND EVEN WHAT THEY BUILD OVER ON WEST DUBLIN-GRANVILLE ROAD, IN THAT FORMERLY BEAUTIFUL MEADOW PASTURE.

IT SEEMS TO BE RIGHT UP TO THE SIDEWALK AS WELL.

AND VERY LITTLE GREENERY OR GREEN SPACE THERE.

AND SO, I WANT TO SPEAK FOR PRESERVING AS MUCH FORESTY-WILD-TYPE LANDS. NOT JUST ORNAMENTAL ONE-BY-ONE TREES. BUT PLANTING MORE STREET TREES AND MORE TREES EVEN IN OUR OWN PARKLANDS OR OTHER PARKS, TO GET, YOU KNOW, THE SORT OF THING THAT PAULA WAS TALKING

[01:15:03]

ABOUT. ABOUT WHAT IT DOES TO HAVE TREES TOGETHER. IT CHANGES THE ECOSYSTEM.

SO IF WE DONATE $200,000 TO A PRIVATE COMPANY, WE ARE LOSING THE WAY THAT TREES CLEAN THE AIR, AND PREVENT EROSION AND STOP RUN OFF AND ALSO, ALL THAT BEAUTY.

AND I THINK THAT'S A BIG THING. AND I THINK THAT THE PEOPLE OF WORTHINGTON HAVE NOT BEEN ASKING FOR MORE TRAFFIC ON WILSON BRIDGE ROAD, MORE POLLUTION FROM ALL THE CARS, AND FEWER TREES TO BEAUTIFY OUR LIVES.

>> PRESIDENT B. MICHAEL: A LARGE NUMBER OF PEOPLE SAY THEY WANT SINGLE -- LIVING SPACE ALSO.

AND THAT IS IN ESSENCE PART OF WHAT THIS PROJECT DOES.

WE HAVE THE PRESERVATION OF THE TREES BUT WE ALSO HAVE A LARGE NUMBER OF RESIDENTS WHO WANT TO DOWN SIZE, STAY IN THE CITY OF WORTHINGTON AND HAVE AFFORDABLE LIVING SPACES.

WE HAVE TO COMPETING GOALS AND INTERESTS OF RESIDENTS.

>> YES. I JUST WISH -- IF -- GRANTING THAT, I STILL THINK THAT WE NEED THE TREE FEE IN ORDER TO REPLACE WHAT WE WOULD BE LOSING IN THIS FOREST.

AND I WISH THAT WE COULD LOOK HARDER FOR OUR ALREADY BUILT-ON SPOTS INSTEAD OF TAKING OUR OPEN SPACES THAT REALLY DO MAKE OUR LIVES MORE BEAUTIFUL. THANK YOU.

>> PRESIDENT B. MICHAEL: OKAY. ANYTHING, ANYBODY? OKAY. MR. GREESON, ANYTHING ELSE FROM

STAFF? >>

>> PRESIDENT B. MICHAEL: MS. KOWALCZYK?

>> B. KOWALCZYK: A COUPLE QUESTIONS, I KNOW WE HAVE HEARD QUITE A BIT, I KNOW I HAVE, ABOUT THE DESIRE FOR EMPTY-NESTER, SINGLE-FLOOR HOUSING, PARTICULARLY FOR SENIORS. WE RANK AMONG THE LOWEST IN THE AREA FOR AVAILABILITY OF SENIOR HOUSING AND EVERY TIME IMEET WITH FOLKS THEY ASK ME, WHAT AM I DOING ABOUT SENIOR HOUSING.

SO I REALLY APPRECIATE THIS AS AN OPPORTUNITY TO ADDRESS THAT NEED. AND I RECOGNIZE HOW IMPORTANT IT IS TO REVITALIZE THE AREA AND I THINK THIS PROJECT IS A GOOD START. I ALSO APPRECIATE THE COMMENTS THAT WERE MADE ABOUT NEEDING A PLAN FOR LOOKING AT OUR TREES IN THE CITY. AND I DON'T KNOW IF SUCH A PLAN EXISTS. IT SOUNDS LIKE THERE'S BEEN SOME THOUGHT GIVEN IN CERTAIN AREAS BUT WHETHER THERE'S A MORE COMPREHENSIVE PLAN, I WOULD HATE TO ASK THE CITY TO LOOK AT A MORE COMPREHENSIVE PLAN BUT SEEMS EXPLORING THAT MIGHT BE A GOOD IDEA. AT LEAST HAVING MORE THOUGHT ABOUT HOW WE GO ABOUT INCENTIVIZING TREE PRESERVATION.

THE TREE FEE SOUNDS LKE A TEST AND A WAY TO ADDRESS THAT ISSUE WITH THIS PARTICULAR PROPERTY. BUT TO LOOK AT THE CITY AS A WHOLE WOULD BE, I THINK, A GREAT PROJECT FOR US TO EMBARK

ON. >> PRESIDENT B. MICHAEL: I KNOW THE PARKS AND REC STAFF HAVE DONE SOME WORK IN THIS AREA.

>> I DON'T WANT TO GO TOO FAR, MR. DOUGHERTY MIGHT ALSO BE OF SOME ASSISTANCE. BUT ONE OF THE THINGS WE DO IN OUR DEPARTMENT ALONG WITH THE SERVICE ENGINEERING DEPARTMENT WE TRACK OUR TREE POPULATION FROM THE STANDPOINT W HAVE TO REPORT ON THAT AS PART OF OUR TREE CITY AFFILIATION.

I DON'T KNOW IF IT WAS THIS PAST YEAR OR PAST COUPLE YEARS WE WERE ASKED ABOUT WHERE WE WERE BASED ON THE ASH TREE SITUATION WITH EMERALD ASH BORER.

I KNOW WE DID NET SOME TREES OVER THE YEARS.

AND THE PLANTINGS IN THE OLENTANGY PARKLANDS.

WE WEREN'T IN BAD SHAPE BUT ONE STRETCH OF TIME WE HAVE BEEN THE MOST CHALLENGED HAS BEEN THE LAST 5-10 YEARS.

I DON'T KNOW MR. DOUGHERTY, IF YOU HAVE ANYTHING TO ADD WHERE

WE ARE FOR PLANTING OF TREES? >> YOU ARE CORRECT.

WE DO HAVE PRETTY GOOD NUMBERS AND KEEP GOOD TRACK OF NUMBER OF TREES BUT ALL THE TREES WE DEAL WITH ARE PUBLIC TREES.

WHETHER THEY ARE STREET TREES, TREES ON CITY PROPERTY LIKE THE CITY HALL OR CITY PARKS. THEY ARE ALL MANAGED AND MAINTAINED AND INVENTORIED AND THINGS LIKE THAT.

WHEN IT COMES TO PUBLIC LAND WE DON'T HAVE ANYTHING THERE.

>> PRESIDENT B. MICHAEL: YU ARE TALKING ABOUT PRIVATE?

>> I MEAN, PRIVATE. >> PRESIDENT B. MICHAEL: I THOUGHT YOU WERE SAYING PRIVATE WHEN YOU SAID PUBLIC.

>> IF YOU LOOK AT THE CITY AS A WHOLE INCLUDING PRIVATE LANDS

[01:20:03]

WE DON'T MAKE ANY EFFORT FOR THAT.

>> THERE HAS TO BE SOME FLEXIBILITY ISSUE WHEN YOU LOOK AT DEVELOPMENT BUT PERHAPS SOME THOUGHT HOW YOU WOULD APPROACH THIS ISSUE IN A WAY THAT WOULD BE, WOULD ACTUALLY YIELD SOME INCENTIVES FOR PRESERVATION WITHOUT US HAVING TO PUT IN THE FEE THAT WE END UP HAVING TO WAIVE.

I ALSO WANT TO GIVE A SHOUT OUT ABOUT MOSES -- IT'S A HIDDEN GEM, I HOPE WE CAN CONTINUE TO PROVIDE SUPPORT FOR IT.

IT'S BEAUTIFUL BACK THERE AND THE MORE WE CAN DO TO PRESERVE THAT AREA, THE BETTER. THIS HAS BEEN A GREAT DISCUSSION TO BRING TO LIGHT SOME OTHER ISSUES I HAVEN'T HAD THE OPPORTUNITY TO TALK ABOUT YET.

I REALLY APPRECIATE IT. AND I LOOK FORWARD TO SEEING

THE DEVELOPMENT MOVE FORWARD. >> R. DOROTHY: I WOULD LIKE TO SAY I'M HAPPY WITH HOW THIS DEVELOPMENT PLAN HAS EVOLVED AND LOOKING AT THE BALANCING OF NEEDS OF THE ENTIRE COMMUNITY.

WE ARE LOOKING AT NT ONLY WORTHINGTON BUT ALSO THE REGION WITH HOUSING NEEDS. WE NEED WORKFORCE HOUSING AND HOUSING THAT PEOPLE CAN DOWN SIZE AND STAY IN WORTHINGTON.

I HEAR THAT ALL THE TIME. PEOPLE CANNOT FIND A PLACE TO LIVE. TO STAY HERE OR TO MOVE IN HERE AND WE NEED MORE HOUSING. BUT THE SAME TIME WE DO NEED TO PRESERVE THE NATURAL ASPECTS OF WORTHINGTON BUT TO DO IT SUSTAINABLY. THIS IS ALREADY PREVIOUSLY GRADED, HAS UTILITIES, HAS WATER AND SANITARY.

THIS IS A PLACE TO BUILD UPON. IT'S NOT A NATURAL FOREST AREA.

THESE TWO PARCELS ARE REQUIRED TO HAVE PRESERVATION OF TREES AND THEY ARE DOING A SIGNIFICANT AMOUNT OF PRESERVATION, IN ADDITION PRESERVING ABOUT A QUARTER OF THE TREE THAT'S ARE THERE. A QUARTER O THE CALIPER INCH OF TREES AND ADDING A SIGNIFICANT AMOUNT MORE.

YES, THE BUILDINGS ARE CLOSE TO THE PUBLIC RIGHT OF WAY BUT THAT IS WHAT MAKES IT A NICE PLACE FOR PEOPLE TO HANG OUT.

PEOPLE LIKE DOWNTOWN WORTHINGTON BECAUSE HW CLOSE THE SETBACKS ARE AND HOW BIG THE SIDEWALKS ARE AND THAT'S WHAT MAKES IT A NICE PLACE TO BE.

WE DO HAVE A LOT OF NATURE AREAS THROUGHOUT WORTHINGTON THAT WE DO NEED TO HAVE SIGNIFICANT INVESTMENT IN.

THANK YOU, SUSTAINABLE WORTHINGTON.

MOSES IS RIGHT. I WOULD LIKE TO HAVE PEOPLE ADOPT THE RUSH RUN NATURE RUN WHICH IS OVER 30 ACRES OF FOREST THAT COULD USE A LOT OF LOVE AND A LOT OF HUGS.

THAT IS IN THE CITY OF WORTHINGTON.

THAT NOT A LOT OF PEOPLE GO TO, I WOULD LOVE IF SUSTAINABLE WORTHINGTON WOULD DO THAT. I KNOW FLO DOES GO THERE OCCASIONALLY. OLENTANGY TRAIL.

YES, BRADFORD PEARS, EMERALD ASH BORER, ELM TREES, HAVE DECIMATED TREES THROUGHOUT OUR CITY.

WE HAVE BEEN TRYING TO REPLACE TREES AND HAVE A BETTER VARIETY.

THIS IS ONGOING WORK. I APPRECIATE ALL THE WORK THAT EVERYONE IN THE ENTIRE CITY AND THE DEVELOPER HAS DONE TO TRY TO BRING THIS PROJECT TO LIFE AND I THINK IT'S A NICE BALANCE AND I WOULD LIKE TO SEE IT MOVE FORWARD.

>> PRESIDENT B. MICHAEL: MR. ROBINSON?

JUST GOING DOWN THE LINE. >> D. ROBINSON: THANK YOU, MADAM PRESIDENT. CLEARLY AN IMMENSE AMOUNT OF WORK FOR YEARS HAS GONE IN TE PLAN AND THIS SPECIFIC PROJECT.

I ALSO WANT TO MAYBE STATE THE OBVIOUS THAT EVERYONE WHO HAS SPOKEN TONIGHT FROM MR. BOWN TO MR. HODGE, TO MR. COULTER AND DOUGHERTY, EVERYONE'S INTENTIONS ARE POSITIVE AND SURE WE WANT A POSITIVE OUTCOME FOR THIS PROJECT AND THIS CITY.

WITH THAT SAID, I CANNOT SUPPORT THIS PROJECT WTH THE VARIANCES AS THEY CURRENTLY STAND.

THE WAY I THINK OF VARIANCES THEY ARE WARRANTED IF THERE'S SOMETHING EXTRAORDINARY ABOUT A PARTICULAR PARCEL OR PROJECT THAT WARRANTS THE DEVIATION FROM CODE.

I DON'T THINK SOME MEET THAT STANDARD.

AS SUCH, I THINK, APPROVING THIS PROJECT WITH THESE VARIANCES HAS SOME POTENTIAL NEGATIVE CONSEQUENCES FOR OUR CITY. I CAN THINK OF THREE KEY AREAS.

THE FIRST WOULD BE THE CITY'S RELATIONSHIP WITH DEVELOPERS.

[01:25:05]

I THINK THIS SETS A BAD PRECEDENT.

APPROVING 16 UNITS PER ACRE WHEN THE MEDIAN NUMBER PRESCRIBED IN THE CODE IS 12, IS A 33% INCREASE FROM THE MEDIAN NUMBER PRESCRIBED IN CODE.

THAT IS NOT AN INSUBSTANTIAL NUMBER.

IF A DEVELOPER CAME AND PROPOSED 65 UNITS WHEN CODE CALLS FOR 50, WOULD THAT BE A SUBSTANTIAL DEVIATION? I BELIEVE IT WOULD, AD THAT WOULD BE THE SAME RATIO.

IF WE GRANT A VARIANCE ON DENSITY, WHEN TO ME, THIS IS ABOUT AS SIMPLE AND STRAIGHT FORWARD A PROJECT AS POSSIBLE, IT'S A RECTANGULAR LOT WITH NO ENCROACHING PROPERTIES, IF WE GRANT A VARIANCE HERE, HOW CAN WE SAY NO TO THE NEXT DEVELOPER? I DON'T THINK WE CAN. AND I THINK ULTIMATELY, THIS KIND OF PRACTICE IS ACTUALLY NOT GOOD FOR BUSINESS EITHER.

AN IMMENSE AMOUNT OF TIME AND EFFORT IS SPENT DEVELOPING PROPOSALS AND PROJECTS, PROBABLY WITH DEVELOPERS ANTICIPATING AND COUNTING ON VARIANCES BEING OFFERED, THEN WE ON CITY STAFF AND COUNCIL HAVE TO DEBATE THE VARIANCES.

AND I THINK BUSINESS WOULD BE BETTER SERVED IF THEY CAME TO REALIZE THAT WORTHINGTON'S CODE MEANS WHAT IT SAYS.

THEY CAN CRUNCH THE NUMBERS ACCORDINGLY, IF THE NUMBERS MAKE SENSE, THEY PROCEED WITH THE PROJECT, IF THEY DON'T, THEN THEY DON'T. SECONDLY, I THINK BY GRANTING VARIANCES OF THIS NATURE, I PRESENTS PROBLEMS FOR THE RELATIONSHIP BETWEEN STAFF AND COUNCIL.

IF STAFF COMES TO COUNCIL IN THE FUTURE ASKING FOR A REZONING WITH PRESCRIBED DENSITY HOW DO WE UNDERSTAND WHAT'S REALLY BEING ASKED FOR. IF THE DENSITY IS 10 DOES IT REALLY MEAN 12. I WANT TO KNOW WHAT IS BEING PROPOSED IS WHAT WILL ACTUALLY HAPPEN.

PARTICULARLY WHEN WE ARE LOOKING AT SEVERAL POTENTIAL LARGE SIGNIFICANT P.U.D. DEVELOPMENTS.

WHAT IS LAID OUT IN THE P.U.D., IS THAT GOING TO BE WHAT WE ACTUALLY GET? ONCE WE PASS LEGISLATION, ARE YOU GOING T COME BCK AND ASK FOR ADDITIONAL VARIANCES? THIS IS A SERIOUS ISSUE, I DON'T THINK WE OUGHT TO ENTERTAIN LIGHTLY. AND THIRDLY, I WOULD SAY MOST SIGNIFICANTLY, THIS PRESENTS PROBLEMS BETWEEN CITY COUNCIL AND THE RESIDENTS OF OUR CITY. FOR THOSE RESIDENTS THAT ARE PAYING ATTENTION TO THE GRANTING OF VARIANCES LIKE THIS, TO THE WAY I SEE IT, THE RESIDENTS MAY THINK THE GRANTING O VARIANCES IS A SOMEWHAT SUBJECTIVE MATTER.

IF THEY APPEAR BEFORE A.R.B., B.Z.A., CAN THEY EXPECT SIMILAR TREATMENT? WHAT IF THEY SAY I CANNOT USE THE MATERIALS YOU WANT ME TO, BECAUSE OF FINANCIAL HARDSHIP? DO WE GRANT THEM A VARIANCE OR STICK TO WHAT WE WANT IN OUR CODE? SO FOR THESE REASONS I THINK VARIANCES SHOULD NOT BE GIVEN OUT WITH SUBSTANTIVE ARGUMENTS AND RATIONALE. I DN'T THINK THESE HAVE MET THAT STANDARD. I WOULD ASK THE DEVELOPER RECONSIDER YOUR PLANS. TABLE IT FOR TONIGHT.

REAPPROACH M.P.C. WITH YOUR PROPOSAL.

IN ACCORD WITH CODE OR JUSTIFICATION FOR VARIANCES AND THEN BRING IT BEFORE COUNCIL AGAIN.

THANK YOU. >> PRESIDENT B. MICHAEL: JUST ONE THING I DID WANT TO MENTION. I'VE BEEN ON COUNCIL FOR A LONG TIME. THERE HAVE BEEN MANY TIMES, MANY OCCASIONS, A NUMBER OF OCCASIONS WHICH A DEVELOPER COULD GO IN, ZERO VARIANCES, AND DO A PROJECT, THAT WOULD REQUIRE CLEAR-CUTTING AND EVERYTHING, AND SOMETIMES THE VARIANCES HAVE BEEN GRANTED SO THERE WOULD BE ADDITIONAL GREEN SPACE TO MAKE IT SO THERE WOULD BE PRESERVING AND ADDING MORE GREEN SPACE. MY FIRST CASE IN POINT IS MCBURNEY PLACE. WHEN IT WAS DEVELOPED THEY HAD TWO PLANS, A SCORCHED EARTH PLAN AS THEY CALLED IT, WHERE THEY COULD GO NO VARIANCES AND HAVE ALMOST NO GREENERY.

BY GRANTING VARIANCES THEY WERE BEING GIVEN THE OPPORTUNITY TO HAVE SIGNIFICANT AMOUNT OF ONAL GREENERY.

SOMETIMES IT WORKS IN A DIRECTION THAT'S KIND OF A

WIN/WIN FOR THE WHOLE COMMUNITY. >> D. ROBINSON: THANK YOU, MADAM PRESIDENT. I WOULD NOT DISAGREE WITH THAT.

I'M NOT OPPOSED TO VARIANCES IN PRINCIPLE.

THE CASE NEEDS TO BE MADE THE CIRCUMSTANCES ARE EXTRAORDINARY AND THE COMMUNITY WOULD BENEFIT FROM IT.

I DON'T SEE THAT IN THIS PARTICULARLY WITH THE DENSITY

REQUEST. >> I DO HAVE SOME QUESTIONS AND THOUGHTS. I HAVE A QUESTION IF WE ARE TO

[01:30:03]

VOTE ON THIS, WE ARE ABSENT TWO COUNCILMEMBERS.

>> ARE WE PLAYING BY WHICH HOUSE RULES?

>> PRESIDENT B. MICHAEL: WHEN WE HAVE A SITUATION LIKE THIS, WE WOULD HAVE TO HAVE FOUR VOTES.

WHEN YOU HAVE THIS FEW PEOPLE YOU HAVE TO, FOR A MAJORITY HAS TO BE ONE OVER HALF. SO IT WOULD REQUIRE FOUR VOTES FOR THIS TO BE APPROVED TONIGHT. THE DEVELOPER DOES HAVE THE OPPORTUNITY, IF THEY CHOOSE, TO EVEN REQUEST IT TO BE TABLED UNTIL IT COULD B HEARD WHEN ALL COUNCILMEMBERS ARE PRESENT.

WHICH IS AN OPTION THEY HAVE A CHOICE AT.

THERE'S A THIRD OPTION, GO BACK TO M.P.C. OR REQUEST TABLING AND HAVING IT COME BACK TO COUNCIL?

>> IN THAT CASE YOU MAY WANT TO PAY ATTENTION TO MY FINAL COMMENTS BECAUSE IT MIGHT SAVE EVERYBODY A LOT OF TIME.

I REMEMBER THE CONVERSATIONS DURING THE TREE FEE DISCUSSION YEARS AGO. AND EVEN THOUGH WE DIDN'T HAVE THIS PARTICULAR DEVELOPMENT IN MIND, THE SCENARIOS THAT WE PLAYED OUT WERE NOT DISSIMILAR AT ALL, TO THIS EXACT DEVELOPMENT. THE FEE THAT WE CAME UP WITH, IN MY RECOLLECTION, WAS ESSENTIALLY A COMPROMISE TO WHAT COULD HAVE BEEN A HIGHER FEE.

AND WITH THOSE SCENARIOS THAT WE PLAYED OUT, NOT BEING DISSIMILAR TO THIS ONE, THE TREE FEE WAS THE STARTING POINT TO A NEGOTIATION, NOT TO BE WAIVED COMPLETELY.

UNDERSTANDABLY, IT'S A VERY LARGE PRICE TO PAY.

BUT I THINK, MAYBE THERE'S A HAPPY MEDIUM HERE.

THE SECOND COMES WITH DENSITY, TO MR. ROBINSON'S POINTS.

WHEN WE WERE WORKING THROUGH THE CORRIDOR STUDY, IN SPIRIT AND CONTEXT, IT AGAIN, 10-14 UNITS PER ACRE, WAS A COMPROMISE. WE INTENDED ALL ALONG WAS FOR THE SINGLE FLOOR LIVING, THE PATIO HOMES, PERHAPS, GEARED TOWARD SENIOR LIVING. I JUST DON'T SEE THAT HERE.

I DO APPRECIATE THE DEVELOPMENT OPPORTUNITY.

YOU GUYS ARE BRINGING TO US. I CAN DEFINITELY SEE THIS AS BEING VALUABLE DEVELOPMENT, NICE PROJECT.

I JUST CAN'T GET BEHIND THE VARIANCES.

SO WITH THAT, I WOULD ADVISE A TABLING UNTIL ALL MEMBERS OF

COUNCIL ARE PRESENT. >> MADAM CAIR WOMAN, I WANT TO POINT OUT THEY ARE REQUIRED T DO AN PUBLIC AREA FEE, REQUIRED

IN ADDITION TO THE TREE FEE. >> PRESIDENT B. MICHAEL: WHAT IS THE PUBLIC AREA FEE, APPROXIMATELY HOW MUCH?

>> PER UNIT. I THINK $8,000.

250 TIMES 32 IS $8,000. THERE'S THAT FEE REQUIRED WHEN THEY PULL THEIR BUILDING PERMITS.

>> PRESIDENT B. MICHAEL: AT THIS POINT, I'M SPEAKING DIRECTLY TO THE DEVELOPER, AT THIS POINT, YOU'RE NOT GOING TO HAVE ENOUGH VOTES TO HAVE IT APPROVED TONIGHT.

NO MATTER WHAT WAY I VOTE. I PERSONALLY THINK IT'S A GOD DEVELOPMENT, SOMETHING I THINK WE HAVE WORKED HARD TO HAVE THIS TYPE OF DEVELOPMENT, I KNOW THIS IS A PART OF AMASTER PLAN THAT'S GONE ON FOR YEARS WHERE WE STARTED OUT WITH THE COMMUNITY DOING COMMUNITY SHARETTS, SETTING UP ACORRIDOR MASTER PLAN, I THINK THIS PROJECT FITS INTO THE MASTER PLAN. I THINK YOU HAVE DONE A WONDERFUL JOB WITH THE LANDSCAPING.

I CAN PERHAPS SEE SOMETHING MAYBE A LITTLE IN THE TREE FEE SOMEWHAT. BUT I DON'T REALLY SEE THAT.

I THINK YOU ARE PUTTING AN AWFUL LOT INTO THE PROJECT AND IT'S A NEEDED PROJECT AND I KNOW SINGLE FOOR LIVING SPACE IS SOMETHING DEFINITELY NEEDED AND THIS WOULD BE THE RIGHT SORT OF PLACE TO HAVE THAT. YOU HAVE A CHOICE IF YOU WANT TO TABLE IT, OR IF YOU WANT US TO GO FORWARD AND TAKE A VOTE, I WILL LET YOU HAVE A CHANCE TO SAY WHETHER YOU WOULD LIKE TO

[01:35:04]

DO THAT OR NOT. IF YOU WANT TO TAKE A MINUTE TO

TALK WITH YOUR ATTORNEY? >>

>> PRESIDENT B. MICHAEL: YOU WILL TABLE?

>> DAVID HODGE AGAIN. I APPRECIATE THE DISCUSSION.

AND MR. ROBINSON, AND MR. SMITH, I APPRECIATE YOUR REMARKS. IF IT WOULDN'T BORE EVERYBODY TO TEARS I WOULD LOVE TO STAND HERE AND HAVE A BACK AND FORTH AND DEBATE UNTIL MIDNIGHT BECAUSE I THINK I CAN BACK UP SEVERAL POINTS PRACTICAL DIFFICULTY, MEETING THE LETTER OF THE LAW AND WHETHER THIS PLAN MEETS THE SPIRIT.

I DO APPRECIATE THE DISCUSSION. MAYBE IN HINDSIGHT I COULD HAVE REACHED OUT DIRECTLY TO FOLKS ON COUNCIL LEADING UP TO THE MEETING THIS EVENING AND MAYBE, SINCE WE ARE REQUESTING A TABLING, WE WILL HAVE THE OPPORTUNITY TO DO THAT.

I APPRECIATE THE REMARK AND ACKNOWLEDGMENT WE ARE IN ERNEST ON THE PROJECT AND I TRULY BELIEVE YOU ARE IN EARNEST WITH YOUR CONCERNS AS WELL. AS FAR AS OUR PROCESS WE WILL GO BACK AND HAVE INTERNAL DISCUSSIONS AND TAKE A LOOK AT THIS. MAYBE EVEN ENGAGE MR. LINDSEY.

IF THERE'S A VARIANCE THAT COMES INTO PLAY WHEN A PERSON CAN'T PUT THEIR PROPERTY TO A USE PERMITTED BY THE UNDERLINING ZONING, BECAUSE OF THE RESTRICTION OR REGULATION IS TOO ONEROUS. AND HERE CERTAINLY, THIS NATURAL FATURE PRESERVATION OF MORE THAN THE PROPERTY IS WORTH IS TOO ONEROUS A RESTRICTION ON THE PROPERTY.

IN TERMS OF THE OTHER THREE VARIANCES.

WE WANT THE WIDTH, THE RIGHT OF WAY NECESSARY SO EMERGENCY VEHICLES COULD ACCESS THE PROPERTY.

IN TERMS OF THE PERIMETER SETBACKS ON THE SIDE YARDS, TO ME ONE OF THE GREATEST GAUGES OF WHETHER OR NOT A VRIANCE IS WARRANTED IS WHOSE OX IS GETTING GORED? NOBODY'S OX IS GETTING GORED HERE.

WE SAW AN OWNER TO THE WEST SATISFIED.

WE HAVEN'T SEEN AN OWNER TO THE EAST AND TO THE SOUTH NOT HERE AND THEY WERE ACTIVELY INVOLVED IN THE ADOPTION OF THIS WILSON BRIDGE STUDY. IN TERMS OF THE DENSITY, IT'S JUST AN ARBITRARY NUMBER. IT TRULY IS AN ARBITRARY NUMBER THAT GOT ADOPTED. THE GUIDING PLAN TALKS ABOUT FLEXIBILITY. AND WHETHER IT'S, YOU KNOW, WHETHER IT'S 28 OR 32, IT'S NOT GOING TO MAKE ANY DIFFERENCE TO THE SURROUNDING PROPERTY OWNERS OR THE INTERFACE WITH THE PUBLIC RIGHT OF WAY. SO THAT'S JUST AN ARBITRARY NUMBER. I HAVE DONE THIS AS I SAID MANY, MANY TIMES. MANY PARTS OF TOWN SAY OUR DENSITY AND RESIDENTIAL IS ONE UNIT TO THE ACRE.

DON'T EVEN COME TO OUR TOWNSHIP IF YOU DON'T DO ONE UNIT TO THE ACRE. YOU KNOW WHO CAN TELL IF IT'S ONE UNIT TO THE ACRE OR NOT? NOBODY.

THE ONLY ARE THE PEOPLE IN THE ROOM THE NIGHT THE DECISION GETS MADE. I THINK IT'S A LITTLE UNFAIR IN TERMS OF OUR PROCESS, OUR SERIOUS ENGAGEMENT IN THIS APPLICATION, OUR WORK WITH NEIGHBORS, OUR WORK WITH STAFF, OUR REVIEW OF THE PLANS, OUR ENGAGEMENT OF THE LANDSCAPE ARCHITECTS AND CIVIL ENGINEERS AND LAWYERS AND IT'S A SERIOUS PLAN. I THOUGHT, I KNEW WE WERE GOING TO BE SHORT STAFFED HERE TONIGHT, I THOUGHT I COULD COME HERE AND CONVINCE YOU. I REALLY DID.

CLEARLY WE HAVEN'T DONE THAT. WE WILL REQUEST A TABLING AND BE BACK AT THE EARLIEST OPPORTUNITY AND HOPE DURING THAT TIME WE CHANGE YOUR MINDS AND WE CAN WORK WITH THE TWO ABSENT MEMBERS AND GET A POSITIVE VOTE.

THANK YOU ALL VERY MUCH. >> PRESIDENT B. MICHAEL: THANK

YOU. >> I WOULD LIKE TO REPLY, IF I MIGHT. I WOULD WELCOME A PHONE CALL.

I WOULD LIKE T TALK TO YOU, I WOULD ASK YOU TO CONSIDER ONE THING, OUR CODE IS NOT ARBITRARY SO THINK ABOUT THAT AND I LOOK FORWARD TO HEARING FROM YOU.

>> PRESIDENT B. MICHAEL: I'M ALSO WEIGHING IN WITH HOW WONDERFUL THE MOSES WRIGHT PARK IS AND I HAVE SEEN HOW MANY HOURS AND I HAVE SEEN HOW MUCH HONEYSUCKLE HAS DISAPPEARED FROM THAT PARK. AND I THINK MS. DOROTHY MADE A POINT, EVEN THOUGH OWNED BY CITY OF COLUMBUS AND WITHIN CITY OF WORTHINGTON, IT'S STILL ANOTHER AREA, WHEN YOU LOOK AT PUBLIC PLACES, I THROW THE CHALLENGE, I LOOK TO THE VOLUNTEERS AS YOU LOOK AT PUBLIC PLACES WHERE ARE WE

[01:40:07]

NEEDING ADDITIONAL GREEN FORESTRY IN OUR PUBLIC PLANS, BECAUSE IF WE WERE TO USE CITY FUNDS IT WOULD HAVE TO BE ON PUBLIC, NOT PRIVATE LANDS. I'M GOING TO DO WHAT JOHN COLEMAN DID TO ME MANY MOONS AGO WHEN I WAS ON THE PARK AND REC BOARD. HE SAID I'M THROWING THE GAUNTLET. GO LOOK.

WITH THIS, I'M ASKING THE VOLUNTEERS, YOU ARE BRINGING UP THE POINT WE HAVE THIS NEED BUT WE DON'T KNOW WHERE.

I'M SAYING IF YOU HAVE SOME THOUGHTS AND SOME TIME YOU MIGHT PUT TOGETHER SOME IDEAS WHERE THE NEED IS.

THEY ENJOY WORKING IN THIS AREA AND YOU ARE OFFERING SOMETHING YOU WOULD LIKE TO SEE. PLEASE HELP US SEE HOW WE COULD BETTER WORK TOGETHER. MR. ROBINSON MOVES TO TABLE.

OKAY, SECOND BY MR. SMITH. ANY FRTHER DISCUSSION ON TABLING? ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE. OPPOSED? IT IS NOW TABLED. AND STAFF WILL BE WORKING AND BEING IN TOUCH. AND THANK YOU VERY MUCH FOR COMING TONIGHT. AND FOR ALL YOUR HARD WORK ON THIS PROJECT. 43-2018, ACCEPTING AMOUNTS AND

[6.B. Ordinance No. 43-2018 Accept Amounts and Rates from the Franklin County Budget Commission]

RATES FROM THE FRANKLIN COUNTY BUDGET COMMISSION.

ACCEPTING AMOUNTS AND RATES AND AUTHORIZING THE NECESSARY TAX LEVIES AND CERTIFYING THEM TO THE COUNTY AUDITOR.

MR. GREESON? >> I WILL GO OVER THE AMOUNTS AND RATES PROCESS AND WHAT YOU HAVE IN FRONT OF YOU.

>> PRESIDENT MICHAEL, AND MEMBERS OF COUNCIL.

THIS IS AN ANNUAL HOUSEKEEPING ITEM, SECTION 5075.34 TO ACCEPT THE AMOUNTS AND RATES AS DETERMINED BY THE BUDGET COMMISSION. THE RATES REMAIN UNCHANGED AT 5 MILS AND EXPECTED TO GENERATE ABOUT $3.2 MILLION IN COLLECTION YEAR 2019. I NEED A MOTION TO MAKE SOME AMENDMENTS TO THIS AS WELL. IF YOU DON'T MIND.

>> PRESIDENT B. MICHAEL: OKAY. >> A MOTION TO INSERT THE NUMBERS INCLUDED IN THE PACKET AND TO STRIKE IN THE "NOW THEREFORE" SECTION, STARTING AT 6-7 MEMBERS AND ENDING AT

CONCURRING. >> PRESIDENT B MICHAEL: MOVED BY MS. KOWALCZYK, SECONDED BY MS. DOROTHY.

ANY FURTHER DISCUSSION ON THE MOTION? IF NOT ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE? OPPOSED? OKAY.

>> IF I COULD HAVE A MOTION NOW TO APPROVE THE ORDINANCE.

>> PRESIDENT B. MICHAEL: WHEN WE AE DOWN TO THAT, WE CALL THE ROLL. WE AMENDED THE ORDINANCE.

NOW THAT THE ODINANCE IS IN PLACE, IS THERE ANY FURTHER DISCUSSION REGARDING THIS ORDINANCE?

>> R. DOROTHY: DOES ANYBODY IN THE COUNTY OR OHIO NEED TO DO

THIS? >> EVERYONE.

>> EVERYBODY WHO COLLECTS PROPERTY TAX.

ALL THE COUNTY AND THE LIBRARY AND EVERY SINGLE CITY.

SO OUR TAX RATE IS 5 MILS. BUT I THINK WE HAVE PLACES IN CENTRAL OHIO THAT IS 1.6 TO 7 AND THERE'S LIKE 23 IN SOME NEIGHBORING MUNICIPALITY. WE SEEM TO BE ON THE LOWER END,

IS THAT CORRECT? >> THAT IS CORRECT.

>> PRESIDENT B. MICHAEL: MS. THRESS, CAN YOU PLEASE CALL THE

ROLL? >>

[6.C. Ordinance No. 44-2018 Tobacco 21 Amendments]

>> PRESIDENT B. MICHAEL: 765 TOBACCO SALES OF THE CODIFIED ORDINANCE OF THE CITY OF WORTHINGTON.

MR. GREESON? >> PRESIDENT MICHAEL, MEMBERS OF COUNCIL, AS YOU WILL RECALL, TOBACCO 21 IS ESSENTIALLY AN ORDINANCE OR REGULATION AS A PUBLIC HEALTH INITIATIVE TO MAKE IT MORE DIFFICULT FOR PEOPLE UNDER THE AGE OF 2 TO PURCHASE AND THEREFORE CONSUME TOBACCO PRODUCTS.

[01:45:01]

WE NEED TO DO SOME CEAN UP OF THE ORDINANCE ADOPTED.

I WILL HAVE MR. LINDSEY OVERVIEW THAT AND WE WILL BE GLAD TO ANSWER ANY QUESTIONS YOU HAVE.

>> THANK YOU, MR. GREESON. PRESIDENT MICHAEL AND MEMBERS OF COUNCIL. AS MR. GREESON INDICATED THIS IS A CLEAN-UP OF THE ORDINANCE PASSED EARLIER THIS YEAR.

THE COLUMBUS PUBLIC HEALTH, WHO WILL BE ADMINISTERING THIS ORDINANCE FOR US AFTER OUR PASSAGE OF THE ORDINANCE, AS THEY WERE PREPARING THAT IMPLEMENTATION, DETERMINED THERE WAS SOME ADDITIONAL CHANGES THEY HAD NOT PREVIOUSLY RECOMMENDED TO US THEY FELT WERE IMPORTANT PRIMARILY FOR CONSISTENCY WITH THE ORDINANCE PASSED BY COLUMBUS THEY WERE ENFORCING, SO IN ORDER TO MAKE THE TWO JURISDICTIONS THEY ARE SERVING, HAVING SIMILAR ORDINANCES AND PROVISIONS, I ACCEPTED THEIR RECOMMENDATION TO MAKE THOSE CHANGES.

YOU WILL NOTICE FROM THE RED LINE VERSION THAT WAS INCLUDED IN YOUR PACKET, A LARGE NUMBER OF THEM RELATED TO THE DEFINITIONS AND TERMS AND HOW THEY DEFINED THE PHRASE THAT THEY USED AND SO THEREFORE THROUGHOUT THE ORDINANCE WE NEEDED TO MAKE THOSE CHANGES TO BE CONSISTENT.

THEY ALSO DID CLARIFY THAT THEY WOULD BE CONDUCTING AT LEAST ONE INSPECTION OF THE TEMPORARY LICENSES THAT WERE ISSUED.

THAT WAS SOMETHING THAT WAS NOT ORIGINALLY REQUIRED IN THE INITIAL ORDINANCE BUT IS OBVIOUSLY AN IMPROVEMENT TO HAVE THAT INSPECTION DONE. SO THAT WAS A POSITIVE.

IN THE 5-DAY PERIOD THAT WAS ORIGINALLY PART OF THE LICENSING THEY PUT FORWARD WHEN THEY SUBMITTED THIS TO THE CITY FOR ADOPTION, HAD LTER BECOME 30 DAYS, PERHAPS BECAUSE THE ADMINISTRATIVE NECESSITY OF A PERIOD LONG ENOUGH TO MAKE IT WORTHWHILE. I DON'T KNOW THE JUSTIFICATION ON THE 5 TO 30 BUT 30 DIDN'T SEEM UNREASONABLE SO THAT'S WHY I WAS READY TO RECOMMEND SO IT WOULD BE CONSISTENT WITH THE TEMPORARY LICENSES OTHERWISE BEING ISSUED TO RETAILERS WITHIN THE CITY OF COLUMBUS. THOSE ARE THE CHANGES SET FORTH.

IF YOU HAVE ANY OTHER QUESTIONS I WOULD BE HAPPY TO ADDRESS

THOSE. >> PRESIDENT B. MICHAEL: ANY OTHER COUNCILMEMBERS HAVE ANY QUESTIONS ON THE CHANGES? IF NOT, MR. THRESS, CAN YOU PLEASE CALL THE ROLL ON

ORDINANCE 44-2018. >>

>> PRESIDENT B. MICHAEL: PASSED. MOVING ONTO NEW RESOLUTION,

[7.A. Resolution No. 49-2018 Support - State and United States Bike Routes]

49-2018, SUPPORTING THE OHIO DEPARTMENT OF TRANSPORTATION STATE AND UNITED STATES BIKE ROUTES, ITRODUCED BY MR. ROBINSON, MOVED FOR ADOPTION BY MR. SMITH, SECONDED BY MS. DOROTHY. MR. DPREE SON?

-- GREESON. >> PRESIDENT MICHAEL, MEMBERS OF COUNCIL, I WILL ASK MR. GURLEY TO ADDRESS THIS ITEM.

>> PRESIDENT MICHAEL, MEMBERS OF COUNCIL.

REQUESTING RESOLUTIONS OF SUPPORT FROM JURISDICTIONS TO DESIGNATE BIKE ROUTES FROM THE STATE AND THE UNITED STATES, THE GOAL OF THIS EFFORT IS TO DESIGNATE BIKE ROUTES TO MAKE CONNECTIONS AROUND THE UNITED STATES.

BY STATE HIGHWAY OFFICIALS, OR ASHTO AND WILL SERVE AS ANOTHER PLANNING TOOL FOR COMMUNITIES TO SHOW CONNECTIONS AND VIABILITY FOR GRANT FUNDING. IN OUR REVIEW OF THE ORDINANCE, OR THE RESOLUTION THAT'S BEFORE YOU ALONG WITH OUR LAW DIRECTOR THE REQUEST IS FOR RESOLUTION OF SUPPORT ONLY.

WE DON'T BELIEVE PASSAGE OF THE RESOLUTION COMMITS U TO AY SORT OF CONSTRUCTION PROJECTS OR ANY OTHER INVESTMENTS AT THIS TIME. THAT WAS SHARED WITH THE BOARD.

WE HAVE WITH US A MEMBER OF THE BOARD, THEY REVIEWED THE PROPOSAL IN A LITTLE MORE DEPTH. LOOKED AT IT AND MADE MORE RECOMMENDATIONS IN TERMS OF LANGUAGE ADJUSTED AND BEFORE YOU TONIGHT AND RECOMMENDED BY A UNANIMOUS MOTION THAT YOU APPROVED THE RESOLUTION. I WILL NOTE THE ONLY ROUTE THAT GOES THROUGH WORTHINGTON IS THE EXISTING OLENTANGY TRAIL.

IT'S THE STATE ROUTE 47. SO AT THIS POINT THERE ARE NO OTHER DESIGNATED ROUTES WITHIN THE CITY OF WORTHINGTON.

>> PRESIDENT B. MICHAEL: ANY OTHER QUESTIONS?

[01:50:01]

IF NOT, ALL IN FAVOR SAY AYE. OPPOSED LIKE SIGN.

[7.B. Resolution No. 50-2018 Support for the Northeast Gateway Project and Funding]

RESOLUTION 50-2018. SUPPORT FOR THE NORTHEAST GATEWAY PROJECT AUTHORIZING THE CITY MANAGER TO SEEK FINANCIAL ASSISTANCE FROM FEDERAL ATTRIBUTABLE FUNDS FOR THE PROJECT AT WORTHINGTON, HUNTLY AND WILSON BRIDGE ROAD INTRODUCED BY MS. KOWALCZYK, MOVED FOR ADOPTION BY MR. ROBINSON, SECONDED BY MR. SMITH. MR. GREESON?

>> PRESIDENT MICHAEL, MEMBERS OF COUNCIL, THIS IS ONE OF MANY PIECES OF LEGISLATION ABOUT THE NORTHEAST GATEWAY PROJECT.

BUT I WILL TURN IT OVER TO MR. WHITEHEAD.

>> THANK YOU, MR. GREESON. PRESIDENT MICHAEL, MEMBERS OF COUNCIL, THIS IS RELATIVELY SIMPLE, THE MID OHIO COMMISSION ASKING FOR AN UPDATE TO YOUR SUPPORT OF THE NORTHEAST GATEWAY PROJECT BASED ON CHANGES THAT ARE MADE FROM THE INITIAL 2012 APPLICATION FOR GRANT FUNDING THROUGH THEM.

THE APPLICATION HAS BEEN SUBMITTED.

YOU ARE AWARE OF THOSE NUMBERS, SIMPLY A FORMALITY FOR YOU TO INDICATE YOUR SUPPORT OF THE PROJECT AS WE CONTINUE TO MOVE

FORWARD. >> PRESIDENT B. MICHAEL: MIC] ANY OTHER DISCUSSION? IF NOT, ALL THOSE IN FAVOR SAY AYE?

[7.C. Resolution No. 51-2018 Transfer of Funds]

OPPOSED, LIKE SIGN? PASSED.

NEXT ITEM. THIS RESOLUTION AUTHORIZES THE TRANSFER O PREVIOUSLY APPROPRIATIATED FUNDS IN THE AMOUNT OF $45,000 AS ANTICIPATED IN APPROPRIATE ACCOUNTS. INTRODUCED BY MS. DOROTHY, MOVED FOR ADOPTION B MS. KOWALCZYK, SECONDED BY MR. ROBINSON. MR. GREESON?

>> PRESIDENT MICHAEL, MEMBERS OF COUNCIL.

THIS IS LKE TYPICAL TRANSFER OF FUNDS ITEMS, WE HAVE AREAS THAT HAVE FUNDS AVAILABLE BECAUSE WE HAVE UNDER SPENT AND THERE ARE ACCOUNT THAT'S NEED ADDITIONAL FNDING BECAUSE OF OUR ACTIVITIES. WE WOULD BE HAPPY TO ANSWER ANY QUESTIONS ABOUT THESE. THEY ARE IN POLICE AND

ADMINISTRATION. >> PRESIDENT B. MICHAEL: ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE.

OPPOSED, LIKE SIGN. RESOLUTION 51-2018 IS PASSED.

MR. GREESON MOVING ON TO THE POLICY ITEMS. PERMISSION TO BID THE NORTHEAST GATEWAY RAILROAD CROSSING

[8.A.I. Permission to Bid - Northeast Gateway Project Railroad Crossing Improvements]

IMPROVEMENTS. >> PRESIDENT MICHAEL, I WILL HAVE MR. WHITED SPEAK TO THIS ITEM.

>> THANK YOU, MR. GREESON. PRESIDENT MICHAEL, MEMBERS OF COUNCIL. THIS IS PART OF THE NORTHEAST GATEWAY PROJECT ALSO PART OF THE OHIO RAIL DEVELOPMENT COMMISSION ATTEMPTS TO IMPROVE THE SAFETY AT THE RAILROAD CROSSING EAST WILSON BRIDGE ROAD WHERE THE NORTHEAST GATEWAY PROJECT WILL TERMINATE. THIS WILL ADD CURBING AND ISLAND AND SOME OTHER FEATURES THAT WILL CIRCUMVENT THE ABILITY FOR VEHICULAR TRAFFIC TO CIRCUMVENT THE CROSS AND SKIP THE GATES. IT WILL BE DONE IN CONJUNCTION OR PRIOR TO WORK DONE BY THE OHIO RAIL DIVISION TO INSTALL LIGHTING, AUTOMATEIC GATES AND OTHER ITEMS VASTLY OUT OF DATE.

THE COMMISSION WILL FULLY FUND THIS PROJECT.

WE WILL HAVE TO PAY FOR IT FIRST AND BE REIMBURSED.

THE PROJECT HAS BEEN APPROVED BY OHIO RAIL DEVELOPMENT COMMISSION AND ALSO BEEN APPROVED BY ONE OF THE RAILROADS BUT NOT THE OTHER. FOR THAT REASON WE ARE ASKING FOR YOUR PERMISSION TO BID. WE HOPE TO GET THE RAILROAD'S PERMISSION VERY SOON. OR APPROVAL OF THAT.

WE DON'T SEE ANY INDICATION OF THEM NOT APPROVING BUT GIVEN THEY MOVE VERY SLOWLY AT TIMES AND WE NEED TO MOVE QUICKLY WE WOULD LIKE TO GET THAT COMMISSION TO BID, GET IT OUT, GET A COMPETITIVE BID AT THE RIGHT TIME OF YEAR SO WE CAN PROCEED WITH CONSTRUCTION IN TIME TO MEET THE TIMING OF THE RAIL DEVELOPMENT COMMISSION'S TIMING AND THE REST OF THE GATEWAY PROJECT. I CAN'T TELL YOU WHEN IT WILL START. I CAN'T TELL YOU THE LIFE SPAN

RIGHT NOW. >> HOW ABOUT THE NOISE?

>> IT WON'T CHANGE AS A RESULT OF THIS PROJECT, I CAN TELL YOU

THAT. >> PRESIDENT B. MICHAEL: I WANT TO GET A MOTION GOING. WE WILL MOVE THAT STAFF BE ABLE TO MOVE FORWARD TO BID ON THIS PROJECT.

MOVED BY MR. SMITH. INTRODUCED BY MR. SMITH, MOVED FOR ADOPTION BY MS. DOROTHY, SECONDED BY MS. KOWALCZYK.

NOW WE CAN HAVE COMMENTS. >> I REALLY APPRECIATE YOU

[01:55:05]

WORKING FORWARD FOR THE SAFETY OF THIS, AND WORKING TO GET SOMEONE ELSE TO PAY FOR IT IS ABSOLUTELY PHENOMENAL.

I DO WANT TO ALSO NOTE THERE ARE QUITE A BIT OF PEOPLE IN WORTHINGTON WHO ARE CONCERNED ABOUT THE NOISE OF TRAINS AND WE WOULD LOVE TO HAVE QUIET PASSAGE WAYS BUT I UNDERSTAND THAT IS NOT PART OF THIS PROJECT.

IS THAT CORRECT? >> THAT IS CORRECT.

AND I'M ONE OF THOSE PEOPLE CAN I CAN BARELY HAVE A PHONE CALL WHEN THAT TRAIN IS GOING BY MY OFFICE.

IT'S NOT PART OF THIS PROJECT, NO.

>> R. DOROTHY: I KNOW PEOPLE WOULD LIKE TO HAVE QUIET TRAINS THROUGH WORTHINGTON. IF THERE'S ANYWAY WE COULD DO THAT AT ANY POINT IN THE FUTURE. I'M SURE PEOPLE NOW OR GENERATIONS TO COME WOULD LOVE TO HAVE QUIETER TRAINS.

>> PRESIDENT B. MICHAEL: ALL IN FAVOR SIGNIFY BY SAYING AYE? OPPOSED? MR. WHITED, GO FOR THE BID.

MOVING ON FOR OPPOSITION TO SMALL CELL REGULATION.

[8.A.II. Opposition to Proposed Small Cell Regulations]

LOOKING AT WHETHER TO SUBMIT A LETTER OF OPPOSITION SIGNED BY THE COUNCIL PRESIDENT, TO PROPOSE REGULATIONS UNDER CONSIDERATION BY FCC RELATED TO DEPLOYMENT OF SMALL CELL TECHNOLOGY. THIS IS, THE FC IS BASICALLY INTRODUCING INFORMATION THAT WOULD TRUMP ALL OF THE MATERIAL, ALL OF THE HARD WORK THAT THIS STAFF HAS PUT IN, OUR STAFF WITH THE VARIOUS CITIES HAVE WORKED TO TRY TO COME UP WITH COMPROMISE LEGISLATION IN THE STATE OF OHIO AND WORKING WITH SMALL CELL AND WE HAVE LANGUAGE IN THE OHIO REVISED CODE THAT'S BEEN APPROVED BY BOTH THE INDUSTRY AND THE CITIES AND WE WOULD REALLY LIKE TO NOT HAVE THIS COMPLETELY OVERTURNED BY FEDERAL REGULATION, WHICH IS THE BASIS ON THIS. JUST TO GET IT ON THE TABLE, A MOTION TO GO FORWARD WITH THIS LETTER, BY MR. ROBINSON.

MOVE FOR ADOPTION BY MR. SMITH AND SECONDED BY MS. DOROTHY.

THIS IS THE BASIC -- MR. GREESON, SOMETHING YOU WANT TO

ADD TO THIS? >> WE WOULD BE GLAD TO ANSWER ANY QUESTIONS ABOUT IT. CERTAINLY, WE SEE THIS AS DETRIMENTAL TO THE AGREEMENT THAT WE REACHED IN THE STATE WITH THE INDUSTRY AND UNDERMINED OUR LOCAL CONTROL OF OUR RIGHTS OF WAY. MS. STEWART IS THE ONE THAT'S DUG INTO THIS THE MOST IN RECENT DAYS AND SHE MAY BE ABLE TO ANSWER MORE SPECIFIC QUESTIONS.

>> I WOULD LIKE TO ADD STAFF WAS STILL WORKING ON DRAFTING THE LETTER AT THE TIME THE AGENDA PACKET WNT OUT, WHICH IS WHY WE ONLY HAD BACKGROUND INFORMATION BUT WE DID LEAVE THE DRAFT LETTER AT YOUR PLACE OF BUSINESSES THIS EVENING.

>> MS. STEWART, THANK YOU VERY MUCH FOR DOING THIS.

I THINK YOU KNOW I, AND I BELIEVE OTHER MEMBERS OF COUNCIL STRONGLY SUPPORT THIS EFFORT ON YOUR PART.

HAVE WE EXPLORED WAYS TO MAXIMIZE WHATEVER IMPACT WE MIGHT HAVE THROUGH OUR SINGULAR LETTER IN TERMS OF JOINING A COALITION, OR OTHER SUCH ACTIVITIES.

>> NATIONAL LEAGUE OF CITIES HAS PUT OUT A CALL ON THIS ISSUE. I KNOW THERE ARE A NUMBER OF CITIES MOBILIZING. I KNOW MID OHIO MORPSY, THEY ARE DOING IT ALSO IN ADDITION TO SENDING IT TO THE FCC, IT'S BEEN SUGGESTED BY BOTH THE OHIO MUNICIPAL LEAGUE TO COPY CONGRESSIONAL DELEGATIONS, SO WE DO ANTICIPATE DOING THAT.

>> IT IS ELECTION SEASON. ONE IDEA MIGHT BE TO SOLICIT POSITION STATEMENTS FROM VARIOUS CANDIDATES.

THIS IS A TIME THEY MIGHT BE INTERESTED IN PLEASING DIFFERENT CONSTITUENCIES. THANK YOU.

>> PRESIDENT B. MICHAEL: WE ARE KIND OF TOWARD OF END OF THE CITIES COMING FORWARD, IF WE ARE GOING TO COME FORWARD.

>> IT LOOKS LIKE THE LETTER ACTUALLY OUTLINES THE MAIN CONFLICTS. COULD YOU GIVE ME THE CLIFF NOTES VERSION OF OUR MAIN CONCERNS WITH THE CHALLENGES, I HAVEN'T HAD AN OPPORTUNITY TO CLOSELY READ THE LETTER.

>> SURE. I MYSELF HAVE ONLY HAD A CHANCE TO SKIM THE 100 PAGES OF REGULATIONS THAT CAME TO MY

[02:00:01]

ATTENTION ON THURSDAY. THE MAIN AREAS ARE LOOKING AT THE SHOT CLOCK, SO HOW LONG WE HAVE TO REVIEW AND RESPOND TO APPLICATIONS ONCE THEY ARE SUBMITTED FOR SMALL CELLS.

THE FCC REGULATIONS SHORTENED THOSE, OVER WHAT WE NEGOTIATED WITH THE INDUSTRY HERE IN OHIO. LIKEWISE, THERE ARE LIMITS ON APPLICATION FEES, AS WELL AS LIMITS ON FEES WE COULD CHARGE IF THEY ATTACHED TO OUR FACILITIES, TRAFFIC SIGNAL SUPPORT POLE AND THOSE LIMITS, AGAIN, ARE DIFFERENT, THAN WHAT WE NEGOTIATED IN OHIO. AND THERE ARE MORE LIMITATIONS AROUND OUR ABILITY TO LOCALLY CONTROL AND MANAGE THE AESTHETICKS. THEY HAVE LANGUAGE IN THERE THAT'S MORE CONSTRAINING THAN WHAT WE, AGAIN, NEGOTIATED WITH THE INDUSTRY HERE IN OHIO. THOSE ARE THE PRIMARY AREAS IN SKIMMING THE FCC'S REGULATIONS THAT I SAW.

THE LETTER THAT WAS DRAFTED ON BEHALF OF WORTHINGTON WAS SHARED WITH LINDSEY MILLER. SHE ADVISED US THROUGH THE WHOLE SMALL CELL DISCUSSIONS AND NEGOTIATIONS AND WITH THE DEVELOPMENT OF OUR CODE. THEY HAVE BEEN CLOSELY MONITORING THIS AND ADVISING CLIENTS.

SHE DID COMMENT ON THAT AND THERE'S A PARAGRAPH IN HERE ESSENTIALLY HER SUGGESTION, IF THE FCC DOES ADOPT THIS THEY COULD INCLUDE LANGUAGE THOSE STATES WHERE WE HAVE NEGOTIATE WORLD THE INDUSTRY AND COME TO CONCURRENCE AND SUPPORT OVER REGULATIONS AND RULES. I DON'T KNOW WHAT KIND OF PROGRESS WE WILL MAKE WITH THE FCC BUT CERTAINLY WE HAVE HEARD COMMENTS FROM THE VARIOUS GROUPS WE HAVE BEEN TALKING

ABOUT ON THIS. >> PRESIDENT B. MICHAEL: WHEN WE SEND, JUST TO OUR REPRESENTATIVES OF CONGRESS OR ALL THE OHIO REPRESENTATIVES? OBVIOUSLY THE TWO SENATORS BUT I'M TALKING ABOUT THE CONGRESSMEN AND CONGRESSWOMEN?

>> WE WILL FILE IT ELECTRONICALLY WITH THE FCC-.

[Additional Item ]

THE OHIO MUNICIPAL LEAGUE CONFERENCE IS COMING UP.

THERE IS A RATE AVAILABLE FOR REGISTRATION, DISCOUNTED, THAT IS OCTOBER 1ST. IF ANY OF YOU ARE INTERESTED IN GOING AND CAN INFORM US BEFORE. THEN, MADAM PRESIDENT, WHEN THE OPPORTUNITY ARISES, I WOULD LIKE TO REQUEST AN EXECUTE EVAL SESSION FOR BOARD AND COMMISSION APPOINTMENTS, FOR LABOR NEGOTIATIONS, AND EMPLOYEE COMPENSATION.

>> PRESIDENT B. MICHAEL: ALL RIGHT.

[9. Reports of Council Members ]

GOING ON TO REPORTS FROM COUNCIL MEMBERS.

MS. THRESS, DO YOU HAVE ANYTHING.

>> NO. >>.

>> PRESIDENT B. MICHAEL: 3 MR. ROBINSON.

>> NOTHING THIS EVENING. THANK YOU.

>> PRESIDENT B. MICHAEL: MS. DOROTHY.

>> THE CEMETERY BOARD MET AND WE ARE STILL IN THE PROCESS OF PLANNING THE FLINT ROAD BUILDING.

WE HOPE TO HAVE PLANS WITHIN A YEAR AND MAYBE START BUILDING IN THREE TO FIVE YEARS. JUST TO PUT OUT EXPECTATIONS FOR THAT. BUT IT IS STILL MOVING.

>> PRESIDENT B. MICHAEL: KOWALCZYK.

>> I HAVE NOTHING, THANK YU. >> PRESIDENT B. MICHAEL: AND I DON'T HAVE ANYTHING TO ADD. SO MR. ROBINSON MOVES WE GO INTO

[11. Executive Session]

EXECUTIVE SESSION FOR LAND ACQUISITION, BOARD APPOINTMENTS, LABOR RELATIONS, COLLECTIVE BARGAINING AND I ADD LAND ACQUISITION, BOARDS AND COMMISSIONS, LABOR RELATIONS, AND COLLECTIVE BARGAINING. AND EMPLOYEE COMPENSATION.

OKAY. ALL RIGHT.

SECONDED BY MR. SMITH. MS. THRESS, CAN YOU PLEASE CALL

THE ROLL ON EXECUTIVE SESSION. >> DOROTHY.

>> YES >> KOWALCZYK.

>> YES. >> ROBINSON.

>> YES. >> SMITH.

>> YES. >> MS. MICHAEL.

>> PRESIDENT B. MICHAEL: WE ARE COMING OUT OF EXECUTIVE SESSION, SECONDED BY MS. KOWALCZYK. ALL THOSE IN FAVOR SAY AYE.

WE ARE OUT OF EXECUTIVE SESSION. MR. SMITH MOVES FOR ADJOURNMENT, SECONDED BY MR. ROBINSON. ALL THOSE IN FAVOR SAY AYE.

[02:05:02]

MEETING IS ADJOURNED.

* This transcript was compiled from uncorrected Closed Captioning.