HomeMy WebLinkAbout06/25/2001
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RECORD OF PROCEEDINGS
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DAYTON LEGAL BLANK INC. FORM NO 10148
Held June 25, 2001
,
(YEAR)
Vice Mayor Adamek called the Dublin City Council meeting of June 25,2001 to order at
7:00 p.m.
Mrs. Boring led the Pledge of Allegiance.
Roll Call
Council members present were: Vice Mayor Adamek, Mrs. Boring, Ms. Chinnici-
Zuercher, Mr. McCash, and Mr. Peterson. Mr. Reiner arrived at 7:05 p.m. Vice Mayor
Adamek indicated that Mayor Kranstuber had informed him that he would be arriving
late.
Staff members present were: Mr. Hansley, Ms. Grigsby, Mr. Ciarochi, Mr. Smith, Ms.
Clarke, Mr. Kindra, Mr. Stevens, Ms. Puskarcik, Mr. Price, Ms. Hoyle, Mr. Husenitza,
and Ms. Heal.
Approval of Minutes of June 11. 2001 Council Meetin~
Mr. Peterson moved approval of the minutes as submitted.
Mr. McCash seconded the motion.
Vote on the motion - Mr. Peterson, yes; Mr. Reiner, yes; Mrs. Boring, yes; Ms. Chinnici-
Zuercher, yes; Mr. McCash, yes, Mr. Adamek, abstain.
Correspondence
The Clerk reported that Notices to Legislative Authority were sent regarding liquor
permits for the following: (1) Stogies & Stix, 6788 Perimeter Loop Road; (2) Rajac, 72
N. High Street; and (3) Dublin Xpress, 7000 Perimeter Loop Road.
There was no objection to the issuance of these permits.
~;' Citizen Comments
Wallace Maurer. 7451 Dublin Road stated that the City of Dublin encompasses
approximately 23 acres. Within that, the bicycle path extends approximately 29 miles for
30,000 residents. He noted that the Law Director has stated that the bikeway is a
pedestrian and cyclist path, and that there has never been an accident on a City bikepath.
He inquired if certain categories of cyclists would be excluded from use of the bikepath,
such as those training for speed competition.
Mr. Hansley responded that most bicycle racers do not use the path; rather, they use the
streets. The bikepath would be a safer venue for practicing. Staffwill monitor the
situation. If a conflict arises between fast-moving cyclists and the slower moving traffic,
staff could consider implementing restrictions at that time.
Staff Comments
Mr. Smith:
1. Stated that he recently received a call from Mr. Reiner regarding a problem
occurring in his ward with pit bulls. There is State legislation on this, but it is not
covered in Dublin's Code. It is the Law Director's recommendation that the City
legislation be modified to allow this problem to be addressed in Mayor's Court as a
misdemeanor.
!'f~ Mr. Reiner stated that the pit bull in question is being walked without a leash. Most laws
require that pit bulls: (1) have shots; (2) be covered by an insurance bond; (3) be
I contained by a fence of certain specifications; and (4) always be on a leash. This
particular area of his ward is in Delaware County, and the County dog warden has been
unable to respond in time to witness the violations when they occur. The home where the
dog resides adjoins a bicycle trail, and residents are very concerned that a child will be
injured before action is taken to prevent it.
Mr. Reiner moved that the Law Director draft legislation to reflect the State law on this
Issue.
Mrs. Boring seconded the motion.
Vote on the motion: Mr. Peterson, yes; Mr. Adamek, yes; Mr. McCash, yes; Mrs.
Boring, yes; Mr. Reiner, yes; Ms. Chinnici-Zuercher, yes.
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RECORD OF PROCEEDINGS
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DAYTON LEGAL BLANK INC FOHM NO 10148
Held June 25, 2001 ,
(YEAR)
Mr. McCash requested that Mr. Smith determine ifthere is other legislation that may
require revision as well, such as fencing requirements.
2. Stated that the final plans for the Galli Park in the new Ballentrae Golf Course
Subdivision will be presented at the July 23rd Council meeting. The City has right-of-
entry to the site, which is on Mr. Galli's property. Presently, infrastructure construction
r-'! is occurring in that area. To allow that construction to continue on schedule, the
~i I developer requests authorization to deposit soil on that site, although final plans for the
park have not yet been approved by City Council. He inquired if Council had any
objection to that plan.
There were no obj ections.
Mr. Adamek thanked Ms. Heal for the memo updating Council on the outdoor pool
status.
LEGISLATION
TABLED ORDINANCE SCHEDULED FOR HEARING
Ordinance 34-01 - An Ordinance to Establish Dublin Zoning for Approximately 525
Parcels Comprising an Area of Approximately 833 Acres, as Annexed from Perry
Township Prior to 1975, Bounded on the North by the Franklin/Delaware County
Line, to the East by Sawmill Road, to the South by 1-270, and to the West by the
Scioto River, as R-l, Restricted Suburban Residential District. (Northeast
Township Rezoning - Case No. 01-006Z) (Applicant: City of Dublin, c/o Timothy
Hansley, City Manager, 5200 Emerald Parkway, Dublin, Ohio 43017.)
Ms. Clarke explained that this is essentially a housekeeping measure initiated by the Law
Director. Most of the land on the east side of the river was annexed in two major
......... annexations, in 1972 and 1975. Dublin did not establish zoning except for those
properties for which the landowner specifically requested it, e.g. the lnvemess
development, the Northeast Quad, Campden Lakes, and Wyandotte Woods. During
recent review, the Law Director's office discovered that a large portion of the land on the
east side of the river, approximately 531 parcels or 833 acres, still had not been rezoned
with Dublin zoning. This is a request to establish the zoning as R-l, Restrictive
Suburban Residential District, although specific development proposals will continue to
be processed through the system as usual. The application, which was sponsored by the
City, was reviewed by the Planning Commission on April 19, 2001. The Commission
recommends approval with the following two conditions: (1) that the legal descriptions
of all affected properties be finalized prior to scheduling the public hearing with City
Council; and (2) that the property owners be notified by certified mail of the future public
hearing, as recommended by the Law Director. A public hearing was previously
scheduled for the May 21st Council meeting but was tabled when it was discovered that
an outdated list had been used for the notification. The public hearing was rescheduled
for tonight's meeting, and a second notification made using a corrected list of property
owners. She added that the upcoming zoning code revision will include a new zoning
map.
Wallace Maurer. 7451 Dublin Road inquired ifpart of this land is not presently zoned.
Mr. Smith stated that the present zoning of the land is R-l township zoning.
This action will establish City R-l zoning.
.-
r I Mr. Maurer inquired what drives the zoning pattern.
I Mr. Smith stated that most land was originally zoned R-I, as farmland, under a township
zoning. A city will typically rezone it the same -- R-I, unless the economy steers it
another direction, via a Community Plan or a rezoning application.
Sherman Liddell. 3838 Summit View Road, stated that at the time he purchased his land
in 1971-1972, he pursued rezoning of one acre ofland on the corner. At that time, he
discovered that the land was zoned Agricultural, not R-I. He noted that Bill Chambers
was chairman of the Planning and Zoning Commission at that time.
Mr. Smith asked that he furnish a copy of that paperwork to him. He noted that the
difference in zoning would not have any effect on whatever zoning requests Mr. Liddell
might wish to make.
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RECORD OF PROCEEDINGS
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DAYTON LEGAL BLANK INC. FORM NO. 10148
Held June 25, 2001
,
(YEAR)
Mr. Liddell agreed to forward a copy ofthe materials to Mr. Smith.
Muriel Liddell. 3838 Summit View, stated she is concerned about the R-l zoning
specifications requiring an acre of land for one home. She and her husband originally
purchased two full acres. They understood that they could have placed a home on each
"..-. of the two acres. Now, her husband has retired, is also disabled, and they are living on a
fixed income. Subsequent to their purchase several years ago, the City has taken some of
their land in road widenings and easements. They had planned to sell one oftheir acres,
but the new zoning that would require one acre per home would make that land
worthless.
Mr. Smith stated that if, through no fault of their own, but as a result of road expansion or
takings, their property has been reduced, that would have no effect on the zoning.
Mrs. Liddell asked to receive a written assurance of that.
Mr. Smith indicated that Planning Director, Bobbie Clarke will forward documentation to
the Liddell's.
Ms. Liddell stated that a second concern relates to the construction of sewers in their
area. A previous Council had made a commitment to the original landowners that when
that area received City sewers, no tap-in fee would be charged to those landowners.
She is concerned that, unless that also is carried forward in writing, no one will be aware
of that commitment.
There was no further discussion.
Vote on the Ordinance: Mrs. Boring, yes; Ms. Chinnici-Zuercher, yes; Mr. Reiner, yes;
Mr. McCash, yes; Mr. Adamek, yes; Mr. Peterson, yes.
...--.
Ordinance 66-01 - An Ordinance Authorizing the City Manager to Execute a
Ground Lease With Craig R. Sonksen, on a 135' X 104' Tract of Land,
Located South of Darby Street, City of Dublin, County of Franklin, State of
Ohio, and Declaring an Emergency.
Mr. Hansley stated that staff requests that this ordinance remain on the table due to
the fact that discussion is continuing with the property owner.
SECOND READING/PUBLIC HEARING - ORDINANCES
Ordinance 74-01- An Ordinance Adopting the Proposed Tax Budget for Fiscal
Year 2002, and Declaring an Emergency.
Ms. Grigsby stated that this is an annual housekeeping item required by the Ohio Revised
Code, authorizing the City to file with the County Auditor to continue to receive local
government funding. Staff requests adoption tonight on an emergency basis.
Mr. Adamek moved to dispense with the public hearing and treat this as emergency
legislation.
Ms. Chinnici-Zuercher seconded the motion.
Vote on the motion: Mr. Reiner, yes; Mrs. Boring, yes; Mr. .McCash, yes; Ms. Chinnici-
Zuercher, yes; Mr. Adamek, yes; Mr. Peterson, yes.
V ote on the Ordinance: Mr. McCash, yes; Mr. Adamek, yes; Ms. Chinnci-Zuercher, yes;
Mr. Reiner, yes; Mrs. Boring, yes; Mr. Peterson, yes.
- Ordinance 75-01- An Ordinance Amending Ordinance No. 21-95 (Amended) to
Update the Arterial Traffic Plan for the City of Dublin.
Mr. Hansley stated that this provides for the realignment of Tuttle Crossing to take a
more northerly route. At the last Council meeting, staffwas requested to provide an
amended exhibit, showing the construction stopping at A very Road. The amended
exhibit was provided in the meeting packets. Staff recommends adoption.
Christopher Cline. attorney. Blaugrund. Herbert & Martin. 5455 Rings Road, stated that
he is present tonight to represent Ilij a ~nd Denise Karanfilov. He stated that they own
approximately 23 acres on A very Road. Up to this point, the Thoroughfare Plan placed
the Tuttle Crossing extension along the southern boundary of their property. That is also
the bOlmdary line between Dublin and Columbus. The Karanfilovs were encouraged by
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DAYTON LEGAL E:tLANK INC FORM NO 10148
Held June 25, 2001
,
(YEAR)
, staff to petition for annexation to Dublin, which they did and are now within Dublin's
jurisdiction. Ordinance 75-01 would move the Tuttle Crossing alignment from the
southern property line to bisect their property. This impact of this would be significant.
Tuttle Crossing is a wide road, between 132 - 138 feet, and it has a 20-ft. utility easement
on the north and on the south sides. Overall, they have 640 feet of depth and were
".-... assured of developable property up to this point. The Karanfilovs were aware that this
process was under discussion, but they were not able to obtain any information or
permitted to have discussion with City staffuntil after the ordinance was introduced. Nor
have they yet received any scale drawings to facilitate discussion. As it is currently
planned, the Karanfilov's property to the north of the roadway will be undevelopable
with only 150 feet of depth. With Dublin's development standards, that is inadequate to
allow development. On behalf of his clients, Mr. Cline requested that staff work with the
landowners to modify the requirement for a precise alignment, to meet the City's
development needs yet not require so significant a detriment to the Karanfilovs. He
remarked that he has not previously observed an amendment move with such speed or
high degree of confidentiality.
Mr. Adamek noted that the confidentiality was due the fact that it was a land acquisition
matter. It was solely a City-driven project, particularly as the roadway is proposed to be
completely within the City's jurisdiction as opposed to a shared roadway with the City of
Columbus.
Mr. Hansley responded that the staffs objective in bringing this legislation forward at
this time was to remove any perceived "cloud of secrecy" attached to the project. lfthis
is approved as an amendment to the Arterial Plan, it will allow open discussion and
negotiations with the property owners. It would not preclude minor adjustments to the
..-- plan in the future.
Mr. Cline responded that this is unlike previous thoroughfare plan amendments. This is
an alignment study, a very precise plan, and that is what Council is being asked to
approve. Athough he has not seen scaled drawings, he feels certain they exist.
Mr. Hansley noted that it is a conceptual plan.
Mr. Cline requested that the language in the ordinance be amended to clarify that.
Glen Dugger. attorney. 37 W. Broad Street, stated that he represents Bosan & Wilcox,
owner of the land through which the west extension of Tuttle Crossing presently runs.
He received notification of this proposed amendment this evening, so they do not have
enough information on which to base a position in favor or opposed to the legislation. He
stated that Bosan is acronym for the Sanbo family, the sister of Pete Edwards and her
family. The Wilcox-Tuttle Ltd. Partnership property is comprised of a number of
partners, owners and employees ofthe Edwards' land interests. This is a group which
has a long-term relationship with the City, yet has not received any notification. He
understands the need for confidentiality in land acquisition matters, but his clients request
that Council table this for two weeks to allow them an opportunity to discuss this with
City administration before any approval is given. They would like to study the impact on
the affected property owners. Generally, anything significant in land use matters
receives a public hearing process with time and opportunity for discussions to occur.
--- Mr. Adamek inquired ifthere is any reason this legislation could not be tabled to the July
23rd Council meeting.
Mr. Hansley indicated that there is not.
Mrs. Boring inquired ifthis project is programmed in the CIP, and if so, for what year.
Ms. Grigsby that design is planned for this year, acquisition next year, and construction
in the following year.
Mrs. Boring inquired about the timeframe for the design process.
Mr. Kindra stated that the design process takes 10 to 12 months. A contract is currently
in place with MS Consultants.
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Held June 25, 2001
,
(YEAR)
Mr. Hansley stated that if Council desires to consider other alignments, now would be the
time to do so.
At this point, Mayor Kranstuber arrived.
~ Mrs. Boring stated that there are reasons for the proposed amendment to the
Thoroughfare Plan. However, property owners who have plans in place which reflect the
present alignment of Tuttle Crossing ought to be fully aware of the proposed changes.
It is true, that in land alignment issues, Council generally meets with the property owners
that would be most effected by the changes. Often this discussion does result in changes
being made to the original plan. Consequently, she encourages tabling of the legislation
to allow time for that discussion.
Mrs. Boring moved to table Ordinance 75-01 to the July 23rd Council agenda.
Ms. Chinnici-Zuercher seconded the motion.
V ote on the motion: Mr. McCash, yes; Mrs. Boring, yes; Mr. Peterson, yes; Mr.
Adamek, yes; Mr. Reiner, yes, Mayor Kranstuber, no; Ms. Chinnici-Zuercher, yes.
INTRODUCTION & FIRST READING- ORDINANCES
Ordinance 76-01 - An Ordinance Accepting the Annexation of 140+/- Acres from
Jerome Township, Union County to the City of Dublin. (petitioner Norman L. Malik,
et al.)
Mayor Kranstuber introduced the ordinance.
Mr. Hansley stated that this land is north of the third high school site. Staff requests that
it be held for a second reading/public hearing at the July 23rd Council meeting.
Mrs. Boring inquired ifthe site is in the Dublin Schools district.
Mr. Hansley stated that it is, and is planned for residential development.
.- Mr. McCash inquired about the relationship to the boundaries for the Metropark.
Mr. Hansley stated that this land theoretically could be on the eastern boundary of the
Metropark footprint, but he does not anticipate that the park will be extended to that
point.
Ordinance 77-01 - An Ordinance to Appropriate a 0.564 Acre, More or Less, Fee
Simple Interest, From Warren W. Gorden, Located North of Post Road, Township
of Jerome, County of Union, State of Ohio, and Declaring an Emergency.
Mr. Adamek introduced the ordinance.
Mr. Smith stated that a resolution related to this property was approved at the last
meeting. Staff continues negotiations on the property and requests that it be held for a
second reading/public hearing at the July 23r Council meeting.
Mr. Adamek inquired why this was not the developer's responsibility.
Mr. Smith stated that the developer cannot take the property; only the City can do so.
There is an agreement in place for the City to be reimbursed for the cost of the
appropriation and the attorney fees.
Ordinance 78-01 - An Ordinance Designating National City Bank as an Additional
Eligible Depository for Active Monies of the City of Dublin to Implement a
Purchasing Card Program.
Mr. Adamek introduced the ordinance.
,- Ms. Chinnici-Zuercher indicated that she has many concens about the legislation, and she
will call Ms. Grigsby to discuss them.
There will be a second reading/public hearing at the July 23,2001 Council meeting.
Ordinance 79-01 - An Ordinance Al!thorizinga Cooperative Agreement with the
Ohio Department of Transportation to Complete a Highway Improvement Project
on a Portion of Interstate 270 within the City limits of Dublin at No Expense to the
City of Dublin.
Mr. Adamek introduced the ordinance.
Mr. Hansley stated that this will allow ODOT to work within the City limits to pave a
section ofI-270.
There will be a second reading/public hearing at the July 23,2001 Council meeting.
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DAYTON LEGAL BLANK INC. FORM NO. 10148
Held June 25, 2001
,
(YEAR)
Ordinance 80-01 - An Ordinance Directing the Law Director of the City of Dublin
to Petition the County Commissioners of Franklin Comity, Ohio for Annexation of
Approximately 1.640+/- Acres of Vacant Commercial Land, Located West of State
Route 257 (Riverside Drive), and South of Tuller Road, to the City of Dublin.
Mr. Adamek introduced the ordinance.
rr""""'" Mr. Hansley stated Ordinances 80-01, 81-01 and 82-01 reflect an attempt to annex the
islands of township, as Council has intended to do for some time.
Mrs. Boring inquired if this land is currently zoned commercial.
Mr. Smith stated it is. He added that this is roadway, and it is owned by the City.
Mrs. Boring inquired if this parcel runs down to the river.
Mr. Hansley stated that it does.
Mrs. Boring requested that the zoning reference to this property be revised so as not to be
commercial.
Mr. Hansley stated that it may be possible to change the title to accomplish that.
There will be a second reading/public hearing at the July 23,2001 Council meeting.
Ordinance 81-01 - An Ordinance Directing the Law Director of the City of Dublin
to Petition the County Commissioners of Franklin County, Ohio for Annexation of
Approximately 1.03 Acres of Land, Located at the Intersection of Tuller Road and
State Route 257, to the City of Dublin.
Mr. Adamek introduced the ordinance.
There will be a second reading/public hearing at the July 23,2001 Council meeting.
Ordinance 82-01 - An Ordinance Directing the Law Director of the City of Dublin to
Petition the County Commissioners of Franklin County, Ohio for Annexation of
Approximately 1.79 Acres of Land, Located at 6950 Dublin Road, to the City of
~ Dublin.
Mr. Adamek introduced the ordinance.
Mr. Hansley noted that all three ofthese ordinances, 80-01, 81-01, and 82-01 are pockets
of Perry Township. This will require alater boundary adjustment petition to include
them in Washington Township.
There will be a second reading/public hearing at the July 23,2001 Council meeting.
Ordinance 83-01 - An Ordinance Amending the Effective Date of Ordinance No.
102-00, Which Provides for a Change in Zoning for 17.32 Acres on the North Side of
Post Road, Bounded on the West by 1-270, and to the North and East by the South
Fork of the Indian Run, and the South by Post Road, from: CC, Community
Commercial District and LI, Limited Industrial District, To: SO, Suburban Office
and Institutional District (Case No. 00-075 ADM - Council Initiated Post Road
Rezoning), and Declaring an Emergency.
Mr. Adamek introduced the ordinance.
Mr. Smith stated that this legislation provides staff an additional 90 days to complete
negotiations on the rezoning of this property.
Mayor Kranstuber moved for passage by emergency and to dispense with the public
hearing.
Ms. Chinnici-Zuercher seconded the motion.
Vote on the motion: Mr. McCash, yes; Mr. Adamek, yes; Mr. Peterson, yes; Mrs.
Boring, yes; Ms. Chinnici-Zuercher, yes; Mayor Kranstuber, yes; Mr. Reiner, yes.
.- Vote on the Ordinance - Mrs. Boring, yes; Mr. Peterson, yes; Mr. McCash, yes; Ms.
t
I
lJ Chinnici-Zuercher, yes; Mayor Kranstuber, yes; Mr. Reiner, yes; Mr. Adamek, yes.
OTHER
Request by Kentigern Place residents for Median Cut on Muirfield Drive
George Burris. 6016 Kentigem Court S., representing the residents of Kentigern Place,
displayed a picture of the area in question. He pointed out that current access to
Kentigern Place is to travel up Muirfield Drive past Kentigern Drive to Whittingham
Drive, then, make a V-turn, and travel back down to Kentigern. To go north from
Kentigern, it is necessary to first turn south out ofKentigern, go down to Tain, make a V-
turn and, finally, to go back up Muirfield Drive. The Kentigern residents request a
median cut at the Kentigern entrance to allow the residents to go either direction out of
" '.,
RECORD OF PROCEEDINGS
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DAYTON LEGAL BLANK INC. fOHM NO 10148
Held June 25, 2001
,
(YEAR)
Kentigern.
Mr. Burris noted that:
l. A timeline of the residents' request was distributed to Council. It documents: the
results ofthe initial survey ofthe residents in February; a letter of request from
"....-. the residents to Mr. Kindra; a letter of response from Mr. Kindra indicating the
!
! current difficulties; a meeting with the City Manager; at which guidance was
given by the City Manager, and subsequently carried out by the residents in
April. This included collecting signatures of petition from the Kentigern Place
residents, a meeting with Mr. Holbrook and the Board of the Muirfield Village
Homeowners Association, and submission for Council consideration to Mr.
Reiner. Two ofthe Association board members were receptive and asked for
additional information, and Mr. Reiner gave direction on how to approach
Council. They also followed up on a suggestion from Mr. Kindra to investigate
the line of sight policy and the basic standard for geometric design for streets and
highways, and sent a letter of findings to Mr. Kindra. A letter was subsequently
received from Ms. Willis, civil engineer for the City of Dublin, indicting a
difference in opinion. He met with Mr. Kindra in May concerning
misinformation in Ms. Willis' letter. He later was concerned to learn that Ms.
Willis' letter was also sent to Council, which he was unaware of and unable to
respond to the misinformation in that letter. He carried out Mr. Kindra's
suggestion to meet with the Planning Division. Mr. Gibson discussed his options,
including submitting a request to Council to direct Planning to change the zoning
restrictions to allow consideration of the median cut.
2. He stated that the major issue is one of safety. The fire station is located at the
southeast corner of Brand Road and Muirfield Drive, and an emergency response
--, involves the same trip described earlier - which means critical time is lost. ln
addition, the U-turn at Whittingham Drive is more unsafe than others. The
median cut at Kentigern would allow more room, 71 feet, for more than one car to
cue for ingress/egress than a turn at Whittingham allows with only 28-30 feet.
Adding additional difficulty to a U-turn at Whittingham is the number of cars
turning out of the country club into the left lane.
3. Mr. Burris noted that there are 33 lots in Kentigern Place, yielding a property tax
base of $9,400,000. Utility companies, service calls and guests make complaints
about the difficulty accessing Kentigern Place; some end up in Tartan Fields
before they realize they have missed the access point.
4. This could be accomplished with a minimal impact on the environment and
'aesthetics. The Muirfield Association expressed concern that if the City
approved this, they would require a left-turn lane, and rip out 250 feet or more
along both the north and south-bound lanes. However, the geometric design
guidelines indicate that this type of intersection would be quite adequate in
consideration of the frequency of vehicles entering or leaving Kentigern. If,
however, the City should determine a left-turn lane is necessary, the intersection
and left-turn lane recently installed just south past the Nicklaus statue on
Muirfield Drive is an indication that this can be done nicely with minimal effect
on the aesthetics of the immediate environment.
5. He added that the neighborhood recently received a letter from the Muirfield
..-. Association indicated that they have tabled action on the item pending further
review before making a decision regarding endorsement.
Mayor Kranstuber stated that Council has two options: (1) tabling the request, pending
action by the Muirfield Association; or (2) referring the request to a Council
subcommittee for study and recommendation.
Mr. McCash stated that the first step would be referring this to Planning and Zoning to
review the amendment ofthe plat.
Mr. Smith stated that ultimately, a plat amendment would be required. lnitially, however,
Council must make a policy decision on whether or not to support this request.
I .'1 i ill "1 <I",.!! I I ii ·
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RECORD OF PROCEEDINGS
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DAYTON LEGAL BLANK INC. FORM NO, 10148
Held June 25, 2001
,
(YEAR)
Mayor Kranstuber asked if Council's decision would be affected by Muirfield
Association's endorsement or non-endorsement of this change.
Mr. Smith stated that the residents could proceed with an application to Planning and
Zoning Association for a plat amendment. This request is unusual, due to the fact that
this curb cut prohibition was included as part of the platting process. He confirmed that
,....-., Council could refer it to Planning and Zoning Commission.
Mr. Burris further noted that:
1. The information forwarded from Mr. Kindra's office indicated that the City
Engineer in 1988 made a note to the plat that there since there was no request for
a curbcut, there would be no curbcuts. This area was originally zoned for offices,
then for patio homes, and finally for residences. It is important to recognize that
the existing conditions now are entirely different from those in 1988. Tartan
Fields and other residential neighborhoods exist where there were fields. The
traffic pattern and demands are much greater.
2. During the Llewellyn Farms South case recently heard by Council, it was
indicated that in cases where it makes sense to change the zoning, that action is
appropriate. He asks that Council consider that his proposal would provide a
safer alternative than the present U-turn in a limited space at Whittingham;
therefore, a request for consideration of a minor zoning or plat change would be
appropriate in this case as well.
Mr. Smith stated that he and the Planning Director would like the opportunity to study the
legal procedure and make a recommendation to Council. He would also like the
opportunity to study the original Muirfield documents. The Kentigern residents do not
own the land on which they are requesting this curb cut.
........,
Mayor Kranstuber asked if the Muirfield Association should have input if this is in fact a
public right-of-way?
Mr. Hansley responded that, although their endorsement was sought to facilitate the
Kentigern residents' request, the Muirfield Association has no authority in this decision.
The decision would be one made by Council based upon recommendation from the
Planning Commission.
Mayor Kranstuber inquired if a citizen can apply for the plat change or rezoning change
for land they do not own, or must this be a Council initiated action?
Mr. Hansley stated that the restriction on the plat involves the public right-of-way, so it
would be appropriate for the City to initiate that change.
Mayor Kranstuber inquired about the cost involved in making this potential change.
Mr. Kindra responded that a median cut would cost no more than $10,000.00. But ifit
involves a left-turn lane, it could cost $50,000 - $60,000.
Mr. Adamek inquired how many other right-ins or right-outs exist along Muirfield Drive.
Mr. Burris responded that the only other one is Gullane Court. The difference is that
Gullane is on the east side of the road, and emergency vehicles would have no delay in
access. He pointed out that the Muirfield Club maintenance facility also has difficulty
- with access. He suggested that an additional point of access for the Club would allow
them to have the advantage of the median cut for both right and left turns.
Mayor Kranstuber inquired about the procedure, if Council should want to proceed.
Mr. Hansley responded that referral to Planning and Zoning for their recommendation
would be appropriate.
Mr. McCash stated that approving a median cut in the City's right-of-way doesn't seem
to be complicated. lf, however, it would also involve providing access to the Muirfield
Club maintenance facility, then traffic studies would likely be necessary. The fact that in
1988 median cuts were specifically prohibited gives cause for caution.
Mrs. Boring stated that the median cut was restricted initially because it was zoned for
RECORD OF PROCEEDINGS
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Held June 25, 2001
,
(YEAR)
commercial use.
Mr. McCash asked why the curb cut restriction wasn't changed when the zoning for this
area was revised to R-l.
~ Mr. Reiner pointed out that the Muirfield Association is exercising caution due to the line
of sight issue and the impact ofthe curb cut. There are 2,300 other families that will be
affected. Due to the line of sight issue, will it then be necessary to remove the mounds
and the trees from that area? Also, would this action set a precedent, prompting other
neighborhoods to request that the boulevard be taken apart to achieve similar access?
Mr. Burris stated that the line of sight has been measured. The requirement is for 200
feet; there is 360 feet of clear line of sight. Although it is not necessary, if the closest
tree were to be moved to the other end of the median, there would be 450 feet of clear
line of sight. However, no trees will have to be removed.
Mrs. Boring asked if emergency vehicles can travel on the wrong side of the road when
responding in an emergency situation.
Chief Bostic responded that they cannot travel in the opposite direction of traffic. They
would be required to access Kentigern subdivision in the same manner as any other
motorist.
Mr. Peterson asked if the emergency access to this neighborhood is a significant issue.
Chief Bostic stated that he would have to visit the site to assess the situation.
Mr. Peterson stated that if there is a safety issue, that would make a significant difference.
...--. He inquired if the prohibition of curb cuts was in place before the homes were built, and,
if so, were the homeowners aware ofthis limitation?
t Mr. Burris stated that homebuyers seldom consider that until after the purchase.
Unfortunately, the Kentigern residents now have a serious safety concern because of that
limitation.
Mr. Peterson stated that there may be several similar situations around Dublin, and it
would be necessary for Council to distinguish this situation from those other situations in
order to approve this request.
Mr. Burris requested that Council consider the intersection at Whittington in the context
of a safety issue.
Mr. Peterson stated that he would like to hear Chief Bostic's assessment. lfthe
emergency access is more of a safety issue in this area than in other neighborhoods,
Council would then be obligated to authorize the access.
Mayor Kranstuber moved to refer study of the request to staff. A response should be
prepared for the July 23rd Council meeting. This report should briefly cover: (1) cost; (2)
the planning history; (3) fire/emergency issues; (4) any refinements of the Muirfield
Association position; and (5) legal procedures to address the situations.
Mr. McCash seconded the motion.
Mrs. Boring requested that the report also include an indication of the number of other
- residential and commercial situations with a similar access problem in Dublin.
V ote on the motion: Mr. Reiner, yes; Mr. Boring, yes; Mr. McCash, yes; Mayor
Kranstuber, yes; Ms. Chinnici-Zuercher, yes; Mr. Peterson, yes.
Council Round Table/Committee Reports
Mr. Peterson asked if ODOT requires the timing signals which are installed on the new
SR 161 ramp, at the Avery-Muil'field interchange.
Mr. Kindra responded that they were required as a condition of approval of the
interchange modification study. The reason for the requirement is that SR 161/33 as it
presently exists does not have sufficient capacity. ln the future, additional lanes will be
added. Until that time, the metering will remain in place. New equipment has been
ordered to help facilitate traffic movement.
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RECORD OF PROCEEDINGS
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DAYTON LEGAL BLANK INC FOHM NO. 10148
Held June 25, 2001
,
(YEAR)
Mr. Reiner stated that on a recent trip, he passed through Bucyrus, Ohio. He observed
their central park and mural, and suggested that it could serve as a model or point of
reference when Dublin makes a decision regarding the parkland in Historic Dublin. This
type of park makes a wonderful gathering place. He reminded Council that the vote
.,--" regarding the next public art piece ended in a deadlock at the June 11 th Council meeting.
Mayor Kranstuber commented that he spoke with Christy Rosenthal of the Dublin Arts
Council subsequent to the last Council meeting. She indicated that the DAC discussed the
proposal of the location of Bridge and High Streets for the next public art project and
unanimously approved that site. He is uncertain if the approval is exclusive to this site
only or inclusive of the original suggested site. Ms. Rosenthal was unable to attend the
meeting tonight and requested that action be tabled to the July 23rd Council meeting.
Mrs. Boring:
1. Stated that she attende~ the resent building dedication for RC Olmstead. Mr.
Olll1stead complimented the CIty of Dublin on maintaining high standards for
development within the City.
2. Referred to the Arterial Traffic Plan and asked for further consideration regarding
the designation of a fourth bridge at the Tuttle Road location. Perhaps another
location should be considered.
Mr. Adamek stated that the Thoroughfare Plan was updated and thoroughly studied as
part of the Community Plan. He noted that the recent rezoning in that area only added 34
homes. What other significant change has occurred in that area to warrant this review?
Mrs. Boring stated that with the approval of the Llewellyn Farms South rezoning,
Council made policy decisions to ensure that Tuttle Road and Dublin Road would retain
- their residential neighborhood characteristics. The elimination of the left-turn lanes on
those two roads, in addition to the speed bumps to slow traffic in the area ofthe
elementary school and park, all reinforce the intent for the road to remain a residential
road. It now would be contradictory to make plans for a major thoroughfare and fourth
bridge in that location. In addition, because of the value of the riverfront properties, it
would be a significant economic investment for the City. She suggested that it would be
prudent to reevaluate the future bridge location.
Mayor Kranstuber stated that he has heard comments that staff does not expect that
bridge ever to be built, due to the fact that it would require funding from Columbus as
well. lfthat is true, perhaps the plan should be amended to accurately reflect
expectations.
Mr. Hansley stated that it is staffs expectation that the bridge would not be built for
perhaps 25-30 years. It is difficult because not all of that land is located within the city
limits of Dublin. It is included in the Community Plan because, theoretically, it is a good
location for a bridge. This is a policy decision for Council. It doesn't seem reasonable
for Dublin to spend $15 to $20 million dollars to solve a Columbus traffic problem.
Dublin could consider some type of cost sharing equally with Columbus. However, it is
doubtful Columbus would agree to that. With the recent difficulty in negotiations for
cost sharing of the SPUl interchange at Sawmill/I-270 - a Columbus bridge, in which
Dublin had agreed to share a portion of the cost but was then asked to contribute more
funding, Dublin would be hesitant to partner similarly again. He added that if there is
another logical proposal for the bridge, it makes sense to evaluate it.
--- Mrs. Boring moved to refer to the Community Development Committee the consideration
of possible modification of the fourth bridge location at Tuttle Road as currently
designated in the Arterial Traffic Plan..
Mayor Kranstuber seconded the motion.
Mr. Hansley noted that the Committee could consider other options and make a
recommendation to Council for any studies required.
Vote on the motion: Mr. McCash, yes; Ms. Chinnici-Zuercher, yes; Mr. Adamek, no;
Mr. Peterson, yes; Mr. Reiner, no; Mrs. Boring, yes; Mayor Kranstuber, yes.
Ms. Chinnici-Zuercher:
1. Noted that in Council packets there was a recommendation from staff to modify
the practice of painting City fire hydrants two colors, green with a white cap, to
I
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RECORD OF PROCEEDINGS
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DAYTON LEGAL BLANK INC. FORM NO 10148
Held June 25,2001
,
(YEAR)
all green.
Mr. Hansley pointed out that fire hydrants have been painted with a white cap to make
them more visible, particularly at night. The staff proposal for one color includes
reflective beads on the fire hydrant caps. The Fire Department concurs that the reflective
beading would accomplish the same purpose. He noted that the expense to be saved
,.-.., would be primarily in the amount of labor time involved, rather than in the cost of the
paint. Due to the amount of time involved in painting the hydrants two colors, less than
half of the hydrants are painted each season.
Mr. McCash expressed concern that the all green color, even with the beading, would be
less visible than the white cap.
Chief Bostic stated that he concurs with the proposed change. The reflective beading
works well and the hydrants painted as proposed should be more visible.
It was the consensus of Council to support the staffs proposal to modify the painting of
City fire hydrants to all green with reflective beading on the caps.
2. lnquired about Mr. Price's memo regarding a citizen request for a fee waiver for
an appeal to the Building Construction Appeals Board.
Mr. Price stated a Hopewell Court resident has submitted a plan for a basement finish
with very low head room. The citizen is unable to comply with the current 7'6"
basement height requirement and must receive approval from the BCAB. He is
requesting waiver of the application fee of$180.00.
Mr. McCash stated that his understanding was that the Code was modified so that a
variance would not have to be requested on this issue.
Mr. Price responded that various incremental changes have been made; however, this
circumstance is not addressed by any of those modifications.
Mayor Kranstuber moved to approve the fee waiver as requested.
Mr. Peterson seconded the motion.
~ Vote on the motion: Mr. Adamek, yes; Mayor Kranstuber, yes; Mr. Peterson, yes; Ms.
Chinnici-Zuercher, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mr. McCash, yes.
3. Referred to letters from business owners and citizens regarding the Zoning Code
revision in process. She asked when Council would be receiving a draft of the
Zoning Code for review purposes.
Mr. Reiner responded that the Community Development Committee has completed their
review, and Planning and Zoning Commission will begin their review soon. The letters
are in regard to the Community Plan's road right-of-way requirements that the City is
considering integrating into the Zoning Code. The citizens are concerned about loss of
some property and a subsequent reduction in property value.
Ms. Chinnici-Zuercher stated that she has received requests to discuss the issue, but she
cannot discuss the issue without a copy of the working document. Presently, the citizens
appear to have information that she does not have.
Mr. Reiner stated that there is a developer who has expressed his concern, and Mr. Reiner
has indicated to him that whenever the issue is resolved, he can request grandfathering
for his property, or propose a buffering plan that will accommodate the corridor section
ofthe Community Plan.
Ms. Clarke pointed out that staff has been reviewing and incorporating recommendations
made by the Community Development Committee and incorporating engineering
changes recommended by the professional engineering consultant. All of those changes
r- should be forwarded to Ratio Architects tomorrow. Ratio will generate a second draft
which will be forwarded to the Planning Staff next week. At that time, copies will be
distributed to Planning and Zoning Commission, City Council, and all other affected
parties for their review. The introductory ordinance will be scheduled for the July 23rd
Council agenda, and the first review of the document by Planning and Zoning
Commission is scheduled for July 19th. She has proposed a meeting with the developers
to provide an opportunity to air their issues. If staff is proposing any inappropriate
standards, this will give an opportunity to hear the developers' view of how those
standards would apply to the industrial properties. She is hopeful that these issues will be
resolved before the first public hearing on July 19th.
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RECORD OF PROCEEDINGS
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DAYTON LEGAL BLANK INC FORM NO 10148
Held . June 25, 2001
,
(YEAR)
Mr. McCash:
1. lnquired when Perimeter Drive will be re-open to the businesses.
Mr. Kindra responded that it should re-open in two to three weeks.
Mr. McCash stated that he had received several citizen inquiries about the date that the
road would be re-opened to Pacer Logistics. Since receiving the inquiries, he has
f' checked and learned that Pacer Logistics is the new name of what was formerly known as
q
; RailVan.
2. Stated that the former Chief Building Official, Peter Lenz, lost his son due to a
highway collision with a service vehicle. Recently, Mr. McCash nearly collided
with a City service vehicle on Emerald Parkway where they were working on the
east curb cut in front of Cardinal Health. Another citizen had a similar near
accident, which he has made Mr. McCash aware of. There was a "men working"
sign, but it was not placed to allow for sufficient warning. He requested that the
crews be instructed to place the signs appropriately.
Mr. Hansley will check into this and instruct staff accordingly.
Mr. Adamek:
1. Pointed out that the June 4th Community Development Committee minutes should
be corrected to read that it was he, not Mr. Reiner, who was excused.
2. lnquired about the repair work being done on the southern entrance onto S.R. 161
at the Avery Road/S.R. 161 interchange.
Mr. Kindra responded that utility work performed by private utilities and contractors
conflicted. Some of the utility lines invaded the sewer lines and corrections were
necessary.
Mr. Adamek stated that whenever there is a need for a re-patch on asphalt, it creates
seams, which the City then has to repair. Does the City have a warranty that would
r-""' require these companies to share the cost of future maintenance on these types of re-patch
I seams?
i Mr. Kindra responded that on each contract there is a one-year warranty after payment is
made and the City accepts the project.
Mr. Adamek stated that he understands that there are companies that work with cities in
the effort to develop standards and provide improved warranties to protect the cities from
future maintenance problems.
Mr. Kindra responded that this is the industry standard. With the new telecommunication
regulations, there are so many utility wires underground that it would be an impossible
challenge to legally determine whose responsibility these problems are. The City could
investigate new standards, but would incur significant cost in doing so.
Mr. Hansley stated that the rights-of-way are the focus of current litigation at the state
level, in which the state is in litigation with nearly every city, except Dublin and Upper
Arlington. With a recent change in state law, cities do not control their own rights-of-
way. Dublin has a very restrictive right-of-way ordinance which allows the City to
control what is beneath the surface. lfthe cities prevail in the lawsuit, they will retain
their right to control their own rights-of-way; however, if they do not prevail, the utility
companies will exercise control over the cities in which they work.
Mr. Adamek stated that, extraneous of the right-of-way issue, a serious problem is
evident on Perimeter Drive where total deterioration is obvious in the area of the seams.
This indicates very poor quality of work. He suggested that Dublin consider setting
standards to address this problem. Perhaps there is a company with the technical ability
-. to marry road seams more effectively, so that the City does not have major maintenance
issues on a year-to-year basis.
Mr. Hansley stated that staff would investigate that possibility.
3. lnquired if Ms. Grigsby is seeking any direction in response to Ms. Gibson's
memo regarding tax refund policies.
Mr. Hansley noted that if Council takes no action, the present ordinance and policies
remain in place.
No direction to staff was given.
4. Referred to the staffmemo regarding the Fourth of July parade arrangements. He
inquired if all Council members have made their arrangements for private
vehicles or if any still need vehicles provided by the City.
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RECORD OF PROCEEDINGS
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UAYTON LEGAL BLANK INC. FORM NO. 10148
Held June 25,2001
,
(YEAR)
Council consensus was to use the vehicles which staff has reserved for Council's use.
5. Referred to the invitation from Martin Marietta Aggregates to attend their
firework festivities. He suggested that if anyone plans to attend that they have the
Clerk make their reservations.
--. Mayor Kranstuber:
1. Inquired if any Council members plan to attend the Hilton Garden building
dedication.
Mrs. Boring indicated she plans to attend.
2. Requested Council feedback on the new "no outlet" street signs; personally, he
does not like their appearance.
Mr. Hansley agreed that the color scheme used, brown and yellow, was unattractive, but
the choice was made in the interest of visibility of the "no outlet" designation.
Mr. Adamek stated that he found the signs both unattractive and distracting.
Council direction to staff was to consider a different color combination.
Mayor Kranstuber moved to adjourn to executive session for discussion of legal and land
acquisition matters.
Mr. Adamek seconded the motion.
V ote on the motion: Mr. Reiner, yes; Mrs. Boring, yes; Mr. McCash, yes; Mr. Peterson,
yes; Mr. Adamek, yes; Mayor Kranstuber, yes; Ms. Chinnici-Zuercher, yes.
Mayor K.ranstuber announced that the meeting would not be reconvened following the
executive session.
The III s adjourned to executive session at 9:20 p.m.
-~
Mayor - Presiding Officer
~~~
Clerk of Council
~