HomeMy WebLinkAbout07/23/2001
RECORD OF PROCEEDINGS
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DAYTON LEGAL BLANK INC. FORM NO 10148
Held July 23, 2001
,
(YEAR)
Mayor Kranstuber called the Dublin City Council meeting of July 23,2001 to order at
7:00 p.m.
Mr. McCash led the Pledge of Allegiance.
- Roll Call
! Council members present were: Mayor Kranstuber, Vice Mayor Adamek, Mr. Reiner,
Ms. Chinnici-Zuercher, Mr. Peterson and Mr. McCash. [Mrs. Boring arrived late.]
Staff members present were: Mr. Hansley, Mr. Ciarochi, Mr. Smith, Ms. Clarke, Mr.
Kindra, Mr. Harding, Mr. Stevens, Ms. Puskarcik, Mr. Price, Ms. Hoyle, Mr. Husenitza,
and Ms. Heal.
Approval of Minutes of July 23. 2001 Council Meetin1:
Mayor Kranstuber moved approval of the minutes as submitted.
Vice Mayor Adamek seconded the motion.
Vote on the motion - Mr. McCash, yes; Ms. Chinnici-Zuercher, yes; Mr. Adamek, yes;
Mr. Peterson, yes; Mr. Reiner, yes; Mayor Kranstuber, yes.
Correspondence
The Clerk reported that no correspondence requiring Council action had been received.
Citizen Comments
Kurt Proegler. 6817 Woerner Temple. stated that his home is at the center of the
Ballantrae development, and he is concerned about the preservation of trees on his
property and in the adjoining fence row. He has been working with City staff and the
developer in an attempt to save those trees. However, the recent decision to move forward
.......... to this year's schedule the completion of the southern part of Eiterman Road makes the
I resolution of these issues more urgent. He is particularly concerned about the sidewalk
plans. He passed around a photograph of an end view of the fence row next to the woods
on his property. The fence row extends several hundred feet and parallels the planned
extension of Eiterman Road. It contains a 49-inch oak, several good trees in the two-foot
diameter range, and many nice trees in the 15 to 24-inch diameter range. Current plans
call for a sidewalk to be added, and everything to the left of the sidewalk to be cleared for
open space and a roadway. He asked that an alternative to that plan be found. He
requested that Council give direction to City staff and the developer not to proceed with
plans or engineering on this land to allow time to explore alternatives. He noted that
during the course of this project, the design team has worked creatively through a large
number of variables, and he is confident that this team can also determine how to
construct the sidewalk without putting it through the trees. He requests that Council give
direction to assure that they have sufficient time to do so.
Mayor Kranstuber asked Ms. Clarke if she is aware of the issues concerning trees with this
development.
Ms. Clarke responded that she is aware that Mr. Proegler has spoken with City staff
regarding Ballantrae development issues; however, she is not familiar with this particular
issue. Landscape inspectors, Brian Martin and Dean Henderson, are familiar with this site
and these issues, and Carson Combs, the lead planner on this project, could also respond
- to the question.
i
Mr. Ciarochi indicated that he and City Manager Tim Hansley have met with Mr. Proegler
and discussed the tree issues. Unfortunately, trees at the intersection of Woe mer-Temple
and Eiterman were removed while that conversation was ongoing. City staff member, Ken
Richardson, has visited the site and confirmed that valuable trees located in that right-of-
way are worth saving. He stated that the plan could be revised to incorporate meandering
ofthe sidewalk, but it would likely require some of Mr. Proegler's land to transition the
slope for drainage purposes. In addition, a waiver of sidewalk requirements must be
approved by Council.
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RECORD OF PROCEEDINGS
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DAYTON LEGAL BLANK INC. FORM NO. 10148
Held July 23,2001
,
(YEAR)
Mr. Hansley stated that some trees would still be sacrificed due to the width of the road
and construction of the curb and gutter.
Mayor Kranstuber inquired where this development is in the review process. Has the final
-- plat been approved? Is there any other administrative review of the project involved, or
has it now moved to the final phase, where only Council intervention could modify the
plans?
Mr. Ciarochi responded that the final plat has not been approved, but the dedication has
occurred and the streets are presently being installed. Mr. Richardson is coordinating the
design work for the Eiterman extension with Mr. Proegler to ensure that care is taken to
save as many of these trees as possible.
Mayor Kranstuber inquired if Mr. Edwards has been consulted to determine whether he
would oppose modification of the sidewalk plans.
Mr. Ciarochi stated that Mr. Edwards does not oppose modification of the plans. Mr.
Richardson is working on a revision of the sidewalk plan, and a request for a waiver of the
current sidewalk plans will be brought to Council for review.
Mayor Kranstuber directed that construction in this area temporarily be halted to allow
time for those plans to be completed and approved. As indicated, staff will consult with
Mr. Proegler and attempt to develop a satisfactory resolution to be presented to Council at
their next meeting for approval. As per the contract with Mr. Edwards, city staff will
contact him tomorrow to halt construction per Council's direction.
-
Troy Schepflin, 5927 Innovation CL stated that he is president ofthe Heather Glen North
Homeowner's Association. He thanked Councilman Greg Peterson and staffmembers,
Greg Jones, Dean Saunders, and Flora Rogers for working with the neighborhood on
resolution of issues during recent development. He noted that there are 46 homeowners in
this subdivision, in which half of the properties are rental properties. There have been
significant problems with one of the rental properties in the division. Copies have been
provided to Council documenting the history ofthat situation. Diane Bunner rents the
house, and a guest in her home, Rodney Terry, has parked a 22-foot trailer in the driveway
for the past six months. He distributed photographs, which indicated the lack of care of
the residence, which is also a problem. He expressed dissatisfaction with the builder of
the subdivision, Rockford Homes, stating that the builder deceived the individual
homeowners by putting 18 to 22 rental properties in this subdivision. Consequently, there
is no pride of ownership in this subdivision. He noted that Sherlock Holmes Property
Management, which maintains some of the rental properties, has been unresponsive to the
homeowner association's concerns. He understands that Code Enforcement Officer Mr.
Jones is developing a concept for a program under which the City could regulate rental
properties. This would need Council's approval. The Planning Division made an attempt
to strengthen laws governing commercial vehicles, but the proposed legislation was
disapproved by the Planning & Zoning Commission. If that legislation had passed, Mr.
Jones could have resolved the problem for the subdivision. Mr. Terry has directly
threatened Mr. Schepflin, as well as the vice-president of their homeowners association
......... and two other neighbors. Mr. Schepflin noted that Mr. Jones recently sent a letter to Mr.
Terry, which resulted, finally, in the trailer's removal. He welcomes any additional
direction from Council regarding how to more effectively address these problems in their
subdivision. He noted that Rockford Homes is also developing another subdivision on
Shier-Rings Road, and there is the danger of a similar type of development.
Ms. Chinnici-Zuercher inquired as to the City's authority to restrict the ownership and
rental of the homes.
Mr. Smith indicated that he would review the deed restrictions for these homes, study the
legal issues regarding homeownership versus rentals, and forward a report to Council. He
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RECORD OF PROCEEDINGS
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DAYTON LEGAL BLANK INC. FOAM NO 10148
Held July 23, 2001
,
(YEAR)
added that he would also like to discuss with Mr. Schepflin the incidences regarding
threats received. There is legal remedy for that problem.
Mr. Chinnici-Zuercher inquired about the status of the legislation regarding parking of
commercial vehicles in residential areas.
,.....-,
Mrs. Boring stated that the legislation was sent back to staff for further revisions,
including the height of garage doors.
Mr. Ciarochi stated that the Planning Division has been short-staffed since the resignation
oftwo planners; the remainder of staff has been working on the zoning code revision and
other priority items. The Planning Commission gave direction for several substantial
revisions to the legislation, which will involve are-write of the ordinance by the Planning
staff.
Mr. McCash requested a copy of the legislation which Planning and Zoning reviewed,
minutes for the Planning and Zoning meeting at which that legislation was reviewed and a
copy of the requested revisions.
Mr. Ciarochi will forward the requested information to Council. He will also check the
work schedule in Planning Division and estimate a timeframe in which the re-write can be
completed.
Mayor Kranstuber stated that when legislation is referred to staff, or to Council's
committees or commissions, and is tabled for some time, Council should be kept apprised.
He suggested that an ordinance be drafted that would provide that any item held by
,.....-, Planning Commission for over 60 days would be deemed either disapproved or approved
- if this would not involve a Charter revision.
George Galvin. Vice President of the Heather Glen North Homeowners Association,
reiterated Mr. Schepflin's comments. He and his wife moved to Dublin to enjoy the
amenities of this City and its school district, but they have been very disappointed. He
suggested that if Council members were to drive through their neighborhood, they would
be shocked at the condition of the neighborhood.
Mayor Kranstuber summarized that legal staffwill review what remedies are available to
the City for this situation. The tabled ordinance will be revived and an attempt made to
move it through the system as quickly as possible. Hopefully, there will be a way to
provide some resolution for the homeowners in Heather Glen North.
Mr. Peterson inquired if, while staff is working on those tasks, a letter could be directed to
Sherlock Holmes Property Management asking that those rental properties be maintained
to a higher standard.
Mr. Smith will ensure that the letter is sent, if Mr. Jones has not already done so.
LEGISLATION
TABLED ORDINANCE SCHEDULED FOR HEARING
~ 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. Smith stated that staff requests that this ordinance remain tabled. Options will
be discussed in an executive session later tonight.
Ordinance 75-01- An Ordinance Amending Ordinance No. 21-95 (Amended) to
Update the Arterial Traffic Plan for the City of Dublin.
Mr. Ciarochi stated that this ordinance was tabled at the last Council meeting to allow
staff opportunity to meet with the property owners. He has met with the representatives
for Mr. Edwards, including Mr. Driscoll and Mr. Hale, and Mr. Cline, representing the
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RECORD OF PROCEEDINGS
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DAYTON LEGAL BLANK INC. FORM NO 10148
Held July 23, 2001
,
(YEAR)
Karanfilovs. There was discussion regarding the present proposed alignment and a change
in the corporate boundary between Columbus and the City of Dublin. There are two
memos in Council's packet giving progress reports on those two situations. He attempted
to contact the attorneys representing the property owners this past week, and learned that
,...-.., Mr. Cline is no longer representing the Karanfilovs.
Nick Cavalaris. Smith & Hale. 37 W. Broad Street, stated that Mr. Hale had a prior
commitment and was unable to attend tonight's meeting. However, Mr. Hale has been
working on an agreement with Columbus regarding the boundary issue, and expects that
there will be a boundary swap, as prescribed by the Ohio Revised Code. He does not have
a firm commitment today and requests that Council table this legislation until September.
Mayor Kranstuber inquired about the status of the Tuttle extension project.
Mr. Hansley stated that it was to be designed this fall and built next spring.
Mr. McCash inquired if the RFP's are out.
Mr. Ciarochi responded that the RFP's are out, applications have been received, and a firm
has been selected.
Mrs. Boring inquired about the design cost.
Mr. Kindra responded that he cannot recall the specific amounts bid for the RFP's, but
they were in the $300,000 to $400,000 range.
Mrs. Boring stated that she understands the desire to move forward, however, she prefers
to postpone tonight's vote. As future decisions to extend the road further would affect the
- neighborhood at that point and eliminate any opportunity to work this out, it warrants a
short delay.
Mr. McCash stated that he would prefer 'not to wait indefinitely for action by Columbus.
He favors passing the legislation to enable Dublin to remain on schedule with its
commitments to the citizens regarding traffic issues. If Columbus does agree to the
boundary change in September, Dublin can cancel its professional service contract at that
time. Although there would be some charge for services rendered to date, it would be a
relatively small amount. The 30-day time frame could serve to put pressure on Columbus
to agree to the boundary change.
Mayor Kranstuber pointed out that the legislation is not emergency in nature, so the
contract cannot be signed for 30 days.
Mrs. Boring stated that she does not like to disregard the good-will efforts ofthe
developers.
Mr. Cavalaris noted that the property owners only learned of the plans in June and
immediately contacted Columbus officials. However, Columbus City Council does not
meet in August, therefore, it was necessary to request that this be tabled until September.
He pointed out that if Tuttle Crossing should be extended to the west in the future, it
would impact the mobile home park. This would undoubtedly drive up eminent domain
,...-.., costs. A boundary swap and slight change in the shape of the road now could save the
City a lot of money.
Mr. McCash stated that Dublin's Engineering Division has been in discussion with the
Columbus Engineering Division for a year regarding a boundary change at this location,
but they have never received a response.
Mayor Kranstuber agreed that Columbus tends to be slow to respond, so it could be better
to move forward. If Dublin's proposal is accepted, then plans can be revised.
Mrs. Boring stated that this is not a City-only issue. There are other people involved,
some with more influence than Dublin City staff. Nothing significantly detrimental will
occur if they delay the project design until September.
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RECORD OF PROCEEDINGS
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DAYTON LEGAL BLANK INC. FORM NO. 10148
Held July 23, 2001
,
(YEAR)
Mrs. Boring moved to table the ordinance to the September 4th Council meeting.
Mr. Adamek seconded the motion.
Mr. Adamek stated that he agrees that the project must move forward; however, no
,..--. emergency exists that requires an immediate action. If Council can come to an amicable
agreement that is cost-efficient, it would serve the City and public's interests to do. It
does not make sense to accept an RFP and commit money to something the City doesn't
really desire. As there are significant monies involved, one month's delay to make the
best decision seems appropriate.
V ote on the motion: Mr. Adamek, yes; Mayor Kranstuber, no; Mr. Reiner, yes; Mrs.
Boring, yes; Ms. Chinnici-Zuercher, yes; Mr. Peterson, yes; Mr. McCash, no.
'..f I
SECOND READING/PUBLIC HEARING - ORDINANCES
Ordinance 76-01 - An Ordinance Accepting the Annexation of 140+/- Acres from
Jerome Township, Union County tolf:te City of Dublin. (Petitioner Norman L.
Malik, et al.)
Mr. Hansley stated that this is the land located north of the third high school site and east
of the Riviera Country Club. The COUlity Commissioners have approved the petition for
annexation.
Vote on the Ordinance: Ms. Chinnici-Zuercher, yes; Mayor Kranstuber, yes; Mr. Reiner,
yes; Mr. McCash, no; Mr. Adamek, yes; Mr. Peterson, yes; Mrs. Boring, yes.
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. Smith stated that this would allow the City to appropriate a section ofland that is
needed to comply with a condition imposed by Planning and Zoning for the Post Preserve.
Dominion Homes will reimburse the City for any costs.
Mayor Kranstuber moved to pass the legislation by emergency.
Mr. Adamek seconded the motion.
Vote on the motion: Mr. Reiner, yes; Ms. Chinnici-Zuercher, yes; Mr. McCash, yes; Mrs.
Boring, yes; Mr. Peterson, yes; Mr. Adamek, yes; Mayor Kranstuber, yes.
Vote on the Ordinance: Mr. Peterson, yes; Mayor Kranstuber, yes; Mr. Adamek, yes; Mr.
McCash, yes; Mr. Reiner, yes; Ms. Chinnici-Zuercher, yes; Mrs. Boring, yes.
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.
There were no further questions from Council.
Vote on the Ordinance: Mr. Reiner, yes; Mrs. Boring, yes; Ms. Chinnici-Zuercher, yes;
Mr. Peterson, yes; Mr. Adamek, yes; Mayor Kranstuber, yes; Mr. McCash, yes.
Ordinance 79-01 - An Ordinance Authorizing a 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, and Declaring an Emergency.
,..-, Mayor Kranstuber moved to pass the legislation by emergency.
Ms. Chinnici-Zuercher seconded the motion.
"'-'.-- V ote on the motion: Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. Reiner, yes; Ms.
Chinnici-Zuercher, yes; Mr. McCash, yes; Mr. Adamek, yes; Mr. Peterson.
V ote on the Ordinance: Mr. Adamek, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Mr.
Peterson, yes; Mr. Reiner, yes; Ms. Chinnici-Zuercher, yes; Mr. McCash, yes.
Ordinance 80-01 - An Ordinance Directing the Law Director of the City of Dublin to
Petition the County Commissioners of Franklin County, Ohio for Annexation of
Approximately 1.640+/- Acres of Vacant Commercial Land, Located West of State
Route 257 (Riverside Drive), and South of Tuller Road, to the City of Dublin.
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RECORD OF PROCEEDINGS
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DAYTON LEGAL BLANK INC FORM NO 10148
Held July 23, 2001
,
(YEAR)
Mr. Hansley stated that this is consistent with Council's policy to annex remaining islands
of land without City services. State law now allows land that is City owned and
contiguous to its borders to be easily annexed via petition. However, the law will soon
~ change, so Dublin is attempting to complete those which were planned for annexation.
Mrs. Boring inquired about the classification of zoning for this piece of land.
Mr. Hansley stated that it would be zoned Neighborhood Parks under the new unified
development code.
Vote on the Ordinance: Mr. Peterson, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mr.
Adamek, yes; Mr. McCash, yes; Mayor Kranstuber, yes; Ms. Chinnici-Zuercher, yes.
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.
Vote on the Ordinance: Mr. Adamek, yes; Mr. Reiner, yes; Mr. Peterson, yes; Ms.
Chinnici-Zuercher, yes; Mayor Kranstuber, yes; Mr. McCash, yes; Mrs. Boring, yes.
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.
Vote on the Ordinance: Mr. Peterson, yes; Mr. Adamek, yes; Mr. Reiner, yes; Mayor
Kranstuber, yes; Ms. Chinnici-Zuercher, yes; Mr. McCash, yes; Mrs. Boring, yes.
INTRODUCTION & FIRST READING - ORDINANCES
~. Ordinance 84-01 - An Ordinance Authorizing the Purchase of a 2.69 Acre Parcel
Located at 6401 Woerner-Temple Road and the 2.64 Acre Parcel Located Adjacent
to and West of Same for the Purpose of Acquiring Additional Parkland, and
Declaring an Emergency.
Mayor Kranstuber introduced the ordinance.
Mr. Smith stated that these are two additional parcels located on the south side of
Woerner-Temple Road at the entrance to the new development. One parcel is a vacant lot
owned by heirs to an estate; the other parcel is owned by Ms. Wotring. Staff requests
approval by emergency.
Ms. Chinnici-Zuercher stated that she had requested that an accumulative report on the
cost of the project be provided to CounCil as these requests are received. She requested
that this be included with all future applications
Mr. Smith stated that a memo with a cumulative report would be forwarded to Council.
Mayor Kranstuber moved to pass the legislation by emergency and dispense with the
public hearing.
Ms. Chinnici-Zuercher seconded the motion.
Vote on the motion; Ms. Chinnici-Zuercher, yes; Mr. Peterson, yes; Mr. Reiner, yes; Mrs.
Boring, yes; Mr. McCash, yes; Mayor Kranstuber, yes; Mr. Adamek, yes.
Vote on the Ordinance: Mr. Peterson, yes; Mayor Kranstuber, yes; Mr. McCash, yes;
Mrs. Boring, yes; Mr. Reiner, yes; Mr. Adamek, yes; Ms, Chinnici-Zuercher.
Ordinance 85-01 - An Ordinance Amending the Annual Appropriations for the
Fiscal Year Ending December 31, 2001.
Mr. Adamek introduced the ordinance.
Mr. Hansley stated that this appropriation covers three items: $400,000 for the
Rings/Frantz TIF; $400,000 for the Tuttle Crossing design element; and an additional
$41,000 to modify and expand the wine selections at the Irish Festival.
Mayor Kranstuber inquired what the original alcohol appropriation was for the Irish
Festival.
Mr. Hansley responded that the amount originally budgeted was $5,600. The explanation
for the additional request is that the program has the potential of generating a net profit of
$89,000. This is in keeping with Council's policy to identify ways to defray the direct
City costs of the Festival by increasing revenue.
Ms. Chinnici-Zuercher stated that she had contacted Ms. Grigsby this morning and learned
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RECORD OF PROCEEDINGS
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DAYTON LEGAL BLANK INC. FORM NO. 10148
Held July 23, 2001
,
(YEAR)
that although the Irish Festival steering committee member, Bob Monica, owns The Wine
Shoppe, the City is not purchasing wine through him. He has suggested this as a way for
the City to reduce costs for the Festival, and he will have no personal gain.
Mrs. Boring stated that it still would appear as a conflict of interest. She inquired if
~ cocktail mix and cocktail alcohol are usually budgeted for the Festival.
i Mr. Hansley responded that they are included in the usual budget.
... Mrs. Boring inquired about the safety net of purchase by consumption only. Does that
mean that if sales are half the expected amount, the City will purchase only half of the
$41,000 budgeted?
Mr. Smith stated that a $41,000 purchase will be made, but the vendors will sign a re-
purchase agreement for unopened bottles.
Mayor Kranstuber inquired who the vendor will be.
Ms. Puskarcik stated that there are nine vendors.
Mayor Kranstuber stated this is a public event in a public park. He believes it is not
necessary to have imported wine at a family festival, or to focus on alcohol to such an
excessive degree.
Ms. Puskarcik stated that wine would not be sold by the bottle at the Festival. She stated
that Mr. Monica conducted a study, and the demographics - annual income, tastes, etc,
reveal that repeat Festival attendees are more likely to buy a $6.00 glass of wine which
they prefer than a less expensive drink.
Ms. Chinnici-Zuercher stated that t~e additional $41,000 would deplete the bed tax funds
for the remainder of the year. She inquired about the process ofretum of profits from the
sale of wine to the bed tax fund.
Mr. Hansley clarified that since the money is taken from the bed tax fund, any profit will
be returned to that fund for re-appropriation. Additionally, no money could be lost from
-- that fund, as any unopened bottles of wine will be re-purchased by the vendors.
Mrs. Boring moved to amend the ordinance by deleting line item #1, the appropriation for
the wine.
- Mayor Kranstuber seconded the motion.
Mr. Peterson stated that the purchase of the wine is not meant to encourage more drinking
but, instead, to offer a wider selection.
Mr. Hansley responded that the result expected is a significant increase in the sale of
alcohol at this event, estimated between $40,000 to $100,000. To address this issue, off-
duty personnel will be hired to focus on under-age drinking, over-consumption, or any
other alcohol-related problems.
Vote on the motion: Mr. McCash, no; Mr. Reiner, no; Mr. Peterson, no; Mrs. Boring, yes;
Mr. Adamek, no; Mayor Kranstuber, yes; Ms. Chinnici-Zuercher, yes.
The motion failed.
Mayor Kranstuber moved to pass the legislation by emergency and dispense with the
public hearing.
Mr. Adamek seconded the motion.
Vote on the motion: Mr. McCash, yes; Mr. Reiner, yes; Mr. Peterson, yes; Mrs. Boring,
no; Mr. Adamek, yes; Mayor Kranstuber, no; Ms. Chinnici-Zuercher, no.
Vote on the Ordinance: Ms. Chinnici-Zuercher, no; Mayor Kranstuber, no; Mr. Adamek,
yes; Mrs. Boring, no; Mr. Peterson, yes; Mr. McCash, yes; Mr. Reiner, yes.
Ordinance 86-01 - An Ordinance Approving a Tax Credit and Economic
,.,....-- Development Agreement with Medex, Inc. and Authorizing, Confirming and
i Ratifying the Execution of the Agreement.
" Mayor Kranstuber introduced the ordinance.
Mrs. Boring stated that in previous tax credit proposals, Council received a report
comparing the costs versus the benefits to the City. She would like to receive this
information before the next meeting.
Mr. Stevens stated that the actual cost would be difficult to establish, as it is based upon
their corporate municipal income tax.
Mr. Hansley stated that, typically, the City's revenue comes from the payroll tax and not
the corporate profits.
There will be a second reading/public hearing at the August 13 Council meeting.
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RECORD OF PROCEEDINGS
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DAYTON LEGAL BLANK INC. FORM NO 10148
Held July 23,2001
,
(YEAR)
Ordinance 87-01 - An Ordinance to Rezone Certain Properties in the City of Dublin
and to Adopt the Unified Development Code, Replacing Title XV: Land Usage,
Chapters 152 and 153 (Dublin Zoning Code and Other Development Regulations)
(Unified Development Code - File No. 01-071ADM)
-. Mrs. Boring introduced the ordinance and moved that it be referred to Planning and
Zoning Commission.
Ms. Chinnici-Zuercher seconded the motion. She inquired if Council would like to set a
timeframe for a recommendation to be returned to Council.
Mayor Kranstuber inquired what a reasonable timeframe would be.
Mr. Ciarochi stated that the Commission has discussed this issue, and they have scheduled
nearly every Thursday up to October to work on the Code review. A reasonable
expectation would be the end of the year. He suggested that if the Commission does not
believe they can work within that timeframe, they could forward to Council a specific
schedule of their hearing dates.
Ms. Chinnici-Zuercher moved to amend the motion to add the stipulation that a
recommendation be returned to Council by December 10,2001.
Mr. Adamek seconded the amendment.
Ms. Chinnici-Zuercher requested that a schedule of Planning and Zoning Commission
Code review meetings be provided to Council along with the location of those meetings.
Mrs. Boring stated that those meetings have been scheduled on the Thursdays on which
there are no Planning and Zoning Commission meetings, the second and fourth Thursdays
ofthe month, at 6:30 p.m. in Council Chambers.
Vote on the amendment: Mr. Reiner, yes; Mrs. Boring, yes; Mr. McCash, yes; Mayor
Kranstuber, yes; Mr. Adamek, yes; Mr." Peterson, yes; Ms. Chinnici-Zuercher, yes.
Vote on the motion: Mr. Adamek, yes; Mr. Peterson, yes; Ms. Chinnici-Zuercher, yes;
- Mr. Reiner, yes; Mrs. Boring, yes; Mr. McCash, yes; Mayor Kranstuber, yes.
A second reading/public hearing will be scheduled upon receipt of recommendation from
Planning & Zoning Commission.
Ordinance 88-01 - An Ordinance Providing for a Change in Zoning for 642.57 Acres
Located on Both Sides ofWoerner-Te'mple Road Between Rings Road and Shier-
Rings Road, from: PLR, Planned Low Density Residential District and PCD,
Planned Commerce District. (Design Modifications for the Dublin Community Golf
Course - Case File No. 01-069Z)
Mr. Adamek introduced the ordinance.
Mrs. Boring moved referral to Planning and Zoning Commission.
Ms. Chinnici-Zuercher seconded the motion.
Vote on the motion: Mr. McCash, yes; Ms. Chinnici-Zuercher, yes; Mr. Adamek, yes; Mr.
Peterson, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mayor Kranstuber, yes.
Mrs. Boring inquired as to the reason this ordinance was being re-introduced.
Mr. Ciarochi stated that there were a series of text changes based on concerns regarding
design, layout, lot areas, and definitions.
A second reading/public hearing will be scheduled upon receipt of recommendation from
Planning & Zoning Commission.
Ordinance 89-01 - An Ordinance Accepting the Lowest/Best Bid for the Dublin
Skate Park.
--. Mr. Adamek introduced the ordinance and noted that there was a new version in Council
,
~ members' files this evening.
,5' Mayor Kranstuber inquired as to the changes made.
The clerk stated that the amount in Section 3 was incorrect in the first version. The
correct amount is $443,900.00.
Mr. Adamek inquired if the reason that the project is over budget is due to an increase in
square footage.
Mr. Hahn responded that the square footage of approximately 15,000 square feet has
remained the same. The problem was with the preliminary estimate. Staff did not fully
account for the climatic impact on skateparks in this region; most skateparks are located in
southern climates.
Mayor Kranstuber asked Mr. Hahn for his recommendation.
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DAYTON LEGAL BLANK INC. FORM NO 10148
Held July 23, 2001
,
(YEAR)
;
Mr. Hahn responded that the design for the skatepark is excellent; the various components
in the design flow together well. However, if Council does not want to approve the larger
amount for this project, the project could be redesigned to a smaller size and re-bid.
Mrs. Boring inquired about the number of individuals who have worked on the skatepark
~ project and the amount of staff and consultant time that has been spent on the project to date.
Mr. Hahn stated that several meetings were held with youth groups, and those meetings
were very well attended. The amount of staff, consultant and commissioners' time has
been extensive.
Mrs. Boring stated that the youth need a place to "hang out," and this project has had
substantial youth interest and input. In consideration of the need, the interest of the youth,
and the amount of time already spent on the proj ect, Mrs. Boring is in favor of approving
the project as it has been presented. She opposes downsizing the project. The amount of
interest shown by the youth indicates it will be a success, and making it smaller may
sacrifice some of that interest. There could also be an overcrowding problem with a
smaller facility.
Ms. Chinnici-Zuercher inquired as to the reason for placing the park within the Coffman
Park rather than at Darree Fields or an outlying area.
Mr. Hahn stated that Coffinan Park was chosen because of its central location. A location
more remote would not be accessible to the City bikepath system.
Mayor Kranstuber stated that his understanding is that the skatepark will not be lighted; to
lessen the potential impact on the surrounding neighborhood, it will be a dawn-to-dusk
activity center.
Mr. Hahn stated that the Planning and Zoning Commission directed staff to look into the
feasibility of lighting. However, the complexity of this design - its shapes and
depressions, makes this type of structure difficult to light without installing a large number
--. of lighting facilities.
Ms. Chinnici-Zuercher stated that adding this structure to Coffinan Park will dramatically
change the users ofthis park. Currently, the park is used primarily by parents with small
children and a few family groups in the pavilion. It is doubtful that parents with toddlers
will use the park ifit is full of preteens and teenagers. It will completely change the
dynamics of.
Mayor Kranstuber stated that the design and location have already been decided within the
public process. The only question remaining is acceptance of the bid, which is
significantly over budget.
Mr. McCash stated that the initial budget for this project was set at $250,000. How did
the project move through the final design and bid process without awareness of the cost
difference? He added that he could not support spending $450,000 on a skatepark.
Mr. McCash moved to redesign the skatepark and rebid the project.
Mr. Reiner seconded the motion.
Mrs. Boring stated that she, too, is concerned when a project exceeds budget, but
providing a place for the youth is more important than roadway or landscaping projects,
which are often approved when they are bid over budget.
Mayor Kranstuber suggested approving the $350,000 and phasing in the remaining
components at a later time.
Mr. Hahn stated that when staff realized before bid opening that the numbers were higher
than expected, they decided to break off some key components as alternates. The bid on
the alternates is the additional $93,000. He would advise redesigning the skatepark with
-- smaller square footage reflective ofthe budget, but, in order to assure that the park flows
together, have no missing components.
Mayor Kranstuber stated that it is a City project. Ifthe plan is redesigned, could the
Planning and Zoning review be waived at this point?
Mr. McCash stated that he has no problem with that suggestion, if the Planning
Commission minutes are reviewed to identify any points of concern to assure that the re-
design is consistent with those concerns.
Mayor Kranstuber inquired what figure Mr. Hahn would recommend for are-design.
Mrs. Boring inquired if a smaller park would affect the safety factor, due to the shorter
distance between components.
Mr. Hahn responded that the safety factor could be addressed in a re-design. The
problems that may not be addressed adequately are capacity and boredom. Those are the
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DAYTON LEGAL BLANK INC. FOHM NO. 10148
Held July 23, 2001
,
(YEAR)
problems with some of the other skateparksin this are.a. They are too limited in scope to
maintain the youth's interest.
Mayor Kranstuber noted that through the years the City's recreation programs have
offered programs that appeal to ages up through thirteen. This is the first program that
,....., appeals to older teenagers.
Mr. Reiner inquired about the estimated life of the skatepark.
Mr. Hahn stated that it is concrete and would have a long life - 15 years perhaps without
any major overhauls. Again, there are steps necessary in the construction of a skatepark
in central Ohio that are unnecessary in warmer climates.
Mr. Kranstuber suggested that Mr. Hahn re-design the park in such a way that, if desired,
a phase two could be added later.
Mr. Hahn stated that the present design is very unique. That same design could be used,
but reduced to a smaller footprint. However, the skatepark industry standard is that a
skatepark is not a skatepark ifit drops below 12,000 square feet. The present design is for
15,000 square feet.
Mayor Kranstuber questioned the objective in cutting back part of the project and adding
it later. Is it a funding issue?
Ms. Chinnici-Zuercher stated if the City expects to add a component later, why not do it
now? The cost is less now than it would be in three years. She would support a vote for
the project tonight.
Mayor Kranstuber inquired who would support the $350,000.00, excluding the $93,000
alternate bid.
Ms. Chinnici-Zuercher inquired what the $93,000 alternates were.
Mr. Hahn stated that the Alternate #1 is for the three bowls on the right-hand side.
Mr. Reiner inquired about the plan for maintenance and for minimizing the City's liability
.,........ for injuries.
Mr.Hahn stated that all those scenario~. ",ere disgusse<i with the City's Risk Manager and
the City Manager. The City's insurance carrier has no major concerns with the proposed
skatepark.
Mr. Hansley explained that there is a list of activities under sovereign immunity, for which
the City is immune from lawsuits, if it does not charge a fee.
Mr. Reiner stated that it would be important to maintain the facility, as that is the liability
factor.
Mayor Kranstuber inquired about individual Council preference. The majority opinion
was to schedule the ordinance as introduced for a second reading.
Mr. McCash withdrew his motion.
There will be a second reading/public hearing at the August 13 Council meeting.
Ordinance 90-01 - An Ordinance Adopting Sections 91.28 through 91.29 and
Amending Section 91.99 of the Dublin Codified Ordinances Regarding Dangerous
and Vicious Dogs, and Declaring an Emergency.
Mr. Adamek introduced the ordinance.
Mr. Smith noted that Mr. Reiner had requested this ordinance.
Stephen Smith, Jr. stated that the draft ordinance mirrors provisions of Ohio Revised Code
which deal with dangerous and vicious animals. These provisions require insurance on
the animals and confinement or leashing of the animal. Since this legislation was
advertised, the Law Director has received numerous phone calls from dog wardens from
- neighboring counties and from residents. As the majority of the calls favor enactment of
more stringent legislation controlling these types of animals, the Law Director seeks
further direction from Council.
Mr. McCash requested clarification of definitions for "menacing fashion" and "apparent
attitude of attack."
Mr. Smith stated that the determination of whether a dog approached in a menacing
fashion would be made by the third party enforcing the ordinance. The definitions in this
ordinance may need clarification. He has also had numerous calls on clarification of the
definition of a pit bull. Kennel club breeding has strict bloodlines, and the breed is clear.
Unfortunately, the Ohio Supreme Court has made the definition more vague by indicating
that the definition for the purpose of their legislation is: "that ifit looks like a pit bull and
acts like a pit bull, it is assumed to be a pit bull." The dog wardens who have called him
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DAYTON LEGAL BLANK INC. FOAM NO 10148
Held July 23, 2001
,
(YEAR)
believe that if a dog is part pit bull, it fits under this statute. There are five other dogs for
which the dog wardens enforce this statute, including the American BullDog and the
Straffordshire Bull Terrier.
Mr. McCash stated that rather than try to discriminate between dog breeds in the definition
,......., for dangerous and vicious dog, it would be preferable to place the burden on the owner to
either leash or cage the animal.
Mr. Smith stated that he has also received inquiries as to whether this ordinance could be
applied to other breeds, such as, a Rottweiler.
He summarized for Council a list of requests he has received from citizens for additional
provisions for this ordinance: (1) muzzle dangerous and vicious animals at all times; (2)
limit ownership of only one "dangerous or vicious" dog per household; (3) place burden
of proof on the owners to meet insurance requirement and to maintain the insurance
registration with the municipality; (4) expand this to other breeds; 5) register these dogs
with local police department as well as the county health department; (6) increase liability
insurance coverage from $100,000 to $250,000; (7) spay or neuter the animal within 30
days of acquiring ownership.
He clarified that the ordinance as currently drafted simply complies with State law; it
includes nothing else. Essentially, it requires: $100,000 in liability insurance; in a back
yard, the dog must be kept in either an enclosed area with a top or a locked gate; in the
front yard, it must be on a leash no more than six feet long and under the control of
someone who can handle it. Although those are State requirements, Dublin is enacting
local legislation to give Dublin local control over the problem.
Mr. McCash inquired if there is a way to clarify the definition for this category of dog
other than by breed. Groups of dogs are bred for different purposes.
Mr. Smith stated that his discussions witl1 veterinarians, dog wardens, and the Dublin
.,.-.,.. canine officer indicated that would not pe possible. The Supreme Court has tried to
resolve the confusion with their interpretation. If the animal does not have the appearance
and the tendency of a pit bull, the ordinance wouldn't apply. Questions of identification
would be determined by the professionals - the county dog warden and the local canine
officer.
Ms. Chinnici-Zuercher inquired about the extent of this problem in Dublin. What was the
decision regarding the problem with a dog in Mr. Reiner's ward?
Mr. Smith stated that the case in Mr. Reiner's ward involved a dog which, according to the
Supreme Court's decision, was close enough to a pit bull that the State statute applies.
Ms. Chinnici-Zuercher stated that the dog in question was being walked without a leash.
Dublin already has an ordinance requiring that dogs be walked on leashes, so wouldn't the
current law be sufficient?
Mr. Smith stated that violation of that particular legislation is a minor misdemeanor with a
maximum of a $100.00 fine, and the owner can be cited under Mayor's Court. Those
requirements apply to all dogs, even small ones. Currently, there is nothing in place
which is appropriate for the potentially dangerous dog -- no insurance requirement in the
event of an "incident," and no penalty with enough impact to act as a deterrent.
Mr. Adamek stated that electric fences are perceived to be adequate.
Mr. Smith stated that an electric fence does not meet the requirement of this legislation.
Mrs. Boring inquired who currently enforces the State code on this issue.
Mr. Smith stated that the local police enforce it and cite the owners to Franklin, Delaware
or Union County courts. The dog wardens from each of those counties also can enforce it,
~ but they are too distant to observe violations as they occur.
Mr. Reiner stated that the desire is to move it into the local jurisdiction, rather than county,
so that Dublin can address the problem.
Mr. McCash inquired about additional administrative costs.
Mr. Smith stated that some municipalities have handled the costs through a registration
fee. Dog owners are required to register the animal within 30 days of bringing it into the
city. The State law does not require that documents be sent to the City of Dublin.
Mr. McCash inquired if that fee is part ofthe legislation, or ifthe City's fee schedule
would be adjusted to include this fee.
Mr. Hansley stated that it could be made a part of this legislation and when the fee
schedule is next reviewed, it could be included at that time.
Mr. Smith stated that he has received many calls in support of this legislation but also
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DAYTON LEGAL BLANK INC. FORM NO 10148
Held July 23,2001
,
(YEAR)
requesting stricter controls than the State statute provides. Does Council wish to consider
including stricter controls?
Mr. Adamek stated that he favors leaving the legislation as drafted to mirror the Ohio
Code.
,-..., Mr. Reiner moved to pass the legislation by emergency and dispense with the public
hearing.
Mr. Adamek seconded the motion.
Vote on the motion: Mrs. Boring, no; Ms. Chinnici-Zuercher, no; Mr. Peterson, yes; Mr.
McCash, no; Mayor Kranstuber, yes; Mr. Reiner, yes; Mr. Adamek, yes.
Mayor Kranstuber noted the vote for passage by emergency had failed, as that motion
requires five affirmative votes for approval.
There will be a second reading/public hearing at the August 13 Council meeting.
Ordinance 91-01 - An Ordinance Creating an Additional Planner II Position within
the Division of Planning, and Declaring an. Emergency
Mr. Adamek introduced the ordinance.
Mr. Harding stated that as noted at Council's pre-budget workshop, the Planning
Department has requested an additional planner in the 2002 budget. Although the
Planning Department intended to wait until next year, two particularly well-qualified
candidates have applied for the one ava.ilable Planner II position. It would be prudent for
the City to create the second Planner II position at this time so as not to lose one ofthe
two candidates. This would help the Planning Division immensely with the workload
before them.
Mayor Kranstuber moved to adopt the legislation by emergency and dispense with the
public hearing.
,-... Ms. Chinnici-Zuercher seconded the motion.
Vote on the motion: Mr. Peterson, yes; Mayor Kranstuber, yes; Ms. Chinnici-Zuercher,
yes; Mr. McCash, yes; Mrs. Boring, yes.
Vote on the ordinance: Mrs. Boring, yes; Ms. Chinnici-Zuercher, yes; Mayor Kranstuber,
yes; Mr. Peterson, yes; Mr. McCash. [Mr. Adamek and Mr. Reiner were absent from the
room. ]
INTRODUCTION & PUBLIC HEARING - RESOLUTIONS
Resolution 35-01 - A Resolution Authorizing the City Manager to Enter into a Lease
for Certain Property Located in Historic Dublin for Use as a Parking Lot.
Mayor Kranstuber introduced the resolution.
Mr. Smith noted that Resolution 35-01 and 36-01 pertain to property on the south side of
S.R. 161 that is owned by Pat Grabill. Resolution 35-01 provides for a black-topped
parking lot to be leased to the City for $1.00/year. When the Old Dublin Town Center,
Phase II is planned for development, the City will be given 90 days notice.
Vote on the Resolution: Ms. Chinnici-Zuercher, yes; Mayor Kranstuber, yes; Mr.
McCash, yes; Mr. Peterson, yes; Mrs. Boring, yes.
Resolution 36-01 - A Resolution Accepting the Donation of Certain Property Located
in the Dublin Historic District, South of State Route 161.
Mayor Kranstuber introduced the resolution.
Mr. Smith stated that Resolution 36-01 provides that a parcel ofland will be given to the
~ City to be used as a parking lot. Mr. Smith noted that although the City would be required
to accept the gift at this time, there would be no particular timeframe for development into
a parking lot.
Vote on the Resolution: Ms. Chinnici-Zuercher, yes; Mr. McCash, yes; Mrs. Boring, yes;
Mr. Peterson, yes; Mayor Kranstuber, yes.
Subdivision Entry Si~n in the Ri2ht-of-Way - Wyandotte Woods Subdivision
Mr. Kindra stated that this request was approved by the Planning Commission. Staff
recommends approval as well.
Mayor Kranstuber moved to approve the subdivision entry sign in the right-of-way.
Mr. Peterson seconded the motion.
Vote on the motion: Mrs. Boring, yes; Mayor Kranstuber, yes; Ms. Chinnici-Zuercher,
I I! II J I 1 til:!
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DAYTON LEGAL BLANK INC. FORM NO. 10148
Held July 23, 2001
,
(YEAR)
yes; Mr. McCash, yes; Mr. Peterson, yes.
Discussion re Washin1,:ton Township Contractin1,: with the City of Dublin for
Commercial Buildin1,: Inspection Services
,........., Mr. Hansley stated that Dublin has been requested by the Township to provide these
services. He seeks Council's approval before staff proceeds with formal negotiations,
contracts, and ordinances.
Mr. McCash stated that it would be appropriate for the City to provide this service. The
property which is in Washington Township and under the State jurisdiction for building
reviews often comes under the City's jurisdiction through annexation, at which point the
City takes over the inspections. This will provide consistency.
Mayor Kranstuber moved to approve the concept.
Ms. Chinnici-Zuercher seconded the motion.
V ote on the motion: Mr. Peterson, yes; Mayor Kranstuber, yes; Ms. Chinnici-Zuercher,
yes; Mr. McCash, yes; Mrs. Boring, yes.
Desi1,:nation of Location for Next Art in Public Places Project
Mayor Kranstuber noted that at the last meeting, Mr. Reiner suggested an alternate
location for the next Art in Public Places project, at S.R. 161 and High Street. He noted
that subsequent to that meeting, Council has received two letters. Correspondence from
the Arts Council indicated that they would concur with Mr. Reiner's suggestion. A
second letter from Mike Jenkins of the Dublin Convention and Visitors Bureau stated their
support for the alternate location. The Mayor indicated that Christy Rosenthal, Executive
Director of the Dublin Arts Council, is present to address any questions.
Ms. Chinnici-Zuercher asked Ms. Ros~nthal to clarify the statement in her letter that "We
- hope if this location is approved, it will remain as a public art location and community
I gathering place with no further development."
Ms. Rosenthal stated that because Coul'].yil qoes noth~ve firm development plans for this
site, there is concern that the art could later be damaged, overshadowed by a building, or
required to be moved when development does occur. Otherwise, the Arts Council finds
the location favorable, as the site lends itself to many uses. Currently, the Dublin Arts
Council enjoys using it for the Annual Arts Festival.
Ms. Chinnici-Zuercher noted that the Community Plan also indicates an expectation that
this site will be developed, at least, in part. She recalls that Mr. Hahn had encouraged
Council to choose an alternative site for the next art project, and had stated that two years
from now, perhaps an art project could be placed there in concert with that development.
Mayor Kranstuber stated that the site is under City control, so why would there be any
problem with siting the public art in this location?
Mr. Hansley stated that Mr. Reiner's suggestion was that part ofthe site could be used for
the art project, leaving the rest available for development.
Mr. McCash added that although this could be a good future location for public art,
locating it there at this time could be premature. There are plans for an Old Dublin
streetscape, and if that involves digging of trenches and relocation of utilities, the art
project could be damaged or at a minimum, access by the public would be cut off for a
period of time.
Mayor Kranstuber stated that when the City purchased the Union 76 station for
$500,000+, the City indicated the possibility ofre-sell to a commercial developer.
"..-... Mr. Hansley clarified that the City actually stated that it would reserve the right to use it as
a greenspace, a gazebo, an arts project location, or for redevelopment.
Mayor Kranstuber stated that to determine the true cost of an art project placed at that
location, the assumption must then be made that the City could sell the site to a
commercial developer for perhaps $800,000 and that cost must be added to the cost of the
art proj ect.
Mr. Reiner stated that his suggestion for the site was for a functional type of art project to
be used by the community. He would recommend that the front two-thirds of the site be
developed as public space, which could be a gathering place. His impression is that the
citizens do not want this comer as fully developed as the southwest comer, but prefer it to
be more open. This focal point in Dublin could be lit at night, with a bubbling fountain,
and with features into which a functional public art is incorporated. The art would not be
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DAYTON LEGAL BLANK INC. FORM NO. 10148
Held July 23,2001
,
(YEAR)
a statue or painting, but could be a fountain, a sitting place - perhaps sunken, and be part
ofthe landscape. The City could then develop the back "L" of the site as a museum, or as
a restaurant. Council's direction to Ms. Rosenthal would be to find an "artist" who can
develop a space focally for a community to use and enjoy.
,........, Ms. Chinnici-Zuercher proposed that City staff work with the Arts Council to develop a
comprehensive plan for this site.
Mayor Kranstuber suggested that staff also Mr. Grabill and other key people immediately
to set this in motion.
Mr. Hansley stated that similar discussions have occurred, but plans were abandoned. He
added that two items for executive session tonight touch on some of these options.
Development of this site is complicated by factors such as displaced parking and traffic
flow.
Mrs. Boring stated that it is further complicated by the expectations of Old Dublin citizens
that any development of that site be appropriate for the historic district. If public art is
placed there, she would need assurance that this space will be dedicated for a public
gathering space, and nothing else will be done to the site.
Mr. Hansley stated that in the past, there was no requirement to take public art through the
review process, but ifthis project is located in Old Dublin, review by the Planning and
Zoning Commission (P&Z) and Architectural Review Board (ARB) will be necessary.
Mr. McCash stated that the public art is programmed for 2002. However, any building on
that site would have to undergo review by P&Z and ARB, and it would take another nine
months for construction. The art would be installed before the building, when it should be
the reverse.
Ms. Chinnici-Zuercher stated that a comprehensive plan for the site should first be
developed. It would be an exciting project for the City and Councilor the private
,.--, developer and Council.
Mr. Hansley suggested that the next art project be placed somewhere other than this site.
Then the City as the owner/developer, or in partnership with another developer, could
develop the site as suggested. Just as the Jack Nicklaus statute was a separate art project
provided by the City, this could also be developed as a separate public art project.
Mayor Kranstuber noted that this would allow the City more control over the project. The
Art in Public Places projects give the artist total discretion. This is such an important
comer, and the second concept would be more appropriate for this site.
Ms. Rosenthal stated that the criteria could be set for the artist without limiting their
artistic freedom. It could be required that the art be part of a public gathering place.
Mr. Adamek inquired about the timeline for the Art in Public Places projects.
Ms. Rosenthal stated that the program is structured so that every two years a proj ect is
done.
Mr. Adamek stated that delaying the project a few months may be beneficial as it would
result in more bed tax funds for the proj ect.
Mr. Hansley stated that could run into the funding cycle for the next art project.
Mr. Reiner stated that a landscape architect would be the type of artist to develop space,
but the artist would require a backdrop, either a wall or building, that is related to the
space to define it and tie the elements together. It must be planned to relate to the space,
but it could also serve a commercial pUrpose.
Mrs. Boring moved to approve the Gelpi mansion as the site for the next Art in Public
Places project and that the City develop a comprehensive plan for the Old Dublin site
which would include a public arts project.
Mr. McCash seconded the motion.
Mayor Kranstuber stated that this would then be an additional proj ect, so how would the
funding be provided?
Mr. Hansley stated that the developer could be given the rights to develop the back of the
site with the condition that he also develop the public space on the front half or two/thirds
of the site, tying the entire site together in an artistic manner as a public gathering place.
Vote on the motion: Mr. Adamek, no; Mr. Peterson, no; Mayor Kranstuber, no; Mr.
Reiner, no; Ms. Chinnici-Zuercher, no; Mr. McCash, yes; Mrs. Boring, yes.
Mr. Adamek moved that staff work with the development community and the Dublin Arts
Council to develop a concept plan for the northwest comer of Bridge and High streets that
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DAYTON LEGAl8LANK INC. FORM NO. 10148
Held July 23, 2001
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includes a public space and, potentially, a viable business to co-exist on the site, and that a
report be brought back to Council by the end of October, 2001.
Mr. Reiner seconded the motion.
Vote on the motion: Mr. Reiner, yes; Ms. Chinnici-Zuercher, yes; Mr. McCash, yes; Mrs.
;r---, Boring, yes; Mr. Peterson, yes; Mr. Adamek, yes; Mayor Kranstuber, yes.
Mr. Adamek clarified that this provides staff a framework for a plan to be developed to
accommodate the two concepts.
Council Round Table/Committee Reports
Mr. Peterson:
1. Inquired about Mr. Kindra's memo regarding the ramp metering of Avery-
Muirfield.
Mr. Kindra responded that the issues are significant, as they involve working with ODOT,
MORPC, and have long-range budget impact. He suggested that Council pass a resolution
directing staff to work on those issues.
Mayor Kranstuber requested that a resolution be provided for the next Council meeting.
2. Stated that four years ago, he made a decision to become involved in the
community. That decision led him to a successful bid for City Council, which has proven
to be a wonderful experience. Such an opportunity is available only in this country, and
he encourages other citizens to take the opportunity to become involved in their
community. He values the many friends he has made with the City of Dublin, and he is
proud of what City Council has accomplished over the past four years. The City is an
example of local government at its finest. Although many important decisions will be
made by City Council in the future, at this time his priority is his family. He will leave
local government in the hands of his worthy colleagues and will not seek reelection in
-- November.
Mayor Kranstuber stated that he was unprepared for that announcement. He noted that
Mr. Peterson's departure would be Council's loss, as Mr. Peterson's insight has been very
helpful for Council. He added that he has enjoyed working with Mr. Peterson.
Mr. Reiner:
1. Stated that Mr. Peterson's guidance for the community has been invaluable. His
voting record is outstanding. He has made difficult decisions, voting for what was best for
the community in the face of opposition at times. Mr. Peterson can be counted on to deal
with the tough issues; he'll vote his conscience in the face of public pressure to do what is
right for the common good
3. Thanked the Dublin Arts Council for their support of moving the next art project to
the Bridge and High street location.
Mrs. Boring:
1. Stated that she was also unprepared for Mr. Peterson's announcement. She
supports his decision, as there is nothing more important than one's family. She added
that although Mr. Peterson's family will benefit from his decision, Council will greatly
miss him.
2. Stated that when recent roadwork was done on Summitview, the citizens were not
notified ahead of time. This has been a frequent inconvenience. Inquired if a door hanger
could be designed whereby residents could be notified that City workers would be on their
,...-.. property or that roadwork was scheduled for their neighborhood.
Ms. Chinnici~Zuerchercol11me.nt~dt~at t~~r~.vvolll~ })~..(l~d~dexpense for City staff time,
or a contractor would charge for the adCiitional time involved in neighborhood notification.
She suggested that the notices could be given to the homeowners association, and they
could be responsible for notifying the residents.
Mayor Kranstuber stated that if a private property is entered to take a survey, perhaps
notification should be given to that landowner; however, it is not reasonable to expect the
City to provide notices for all the roadwork that is done.
Mr. Kindra stated that state law requires notification be made to the property owner for
surveys. On Summitview, the signs were misleading, but that was corrected. Today, there
were some problems and he authorized the closing of the road for four to five hours. On
Memorial Drive, local trafficis penl1itted as the work proceeds; only through traffic is
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DAYTON LEGAL BLANK INC. FORM NO. 10146
Held July 23, 2001
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(YEAR)
prohibited. Mr. Kindra will advise staffthat care be taken to ensure that proper advance
notifications are made.
No further action will be taken at this time.
3. Has received a request from Dora Orwig, Shawnee Hills City Council, for ajoint
~. meeting to discuss common goals. Mrs. Boring supports the idea.
Mr. Smith stated that Mrs. Boring asked him to make Council aware that since the last
Council meeting, at which there was a vote on the Shawnee Hills issue regarding the
Kroger Store development, The Kroger Company has met with Mr. Hansley and the City's
legal staff. There have also been numerous phone conferences with the owners of the
land. Dublin's position is that the land in question is in Dublin's exclusive service
contract with Columbus. The Kroger Company has inquired if Dublin would have any
interest in a Kroger store at that location, if the land were annexed into Dublin. If there
were no interest, they would prefer to look elsewhere for a site.
Mayor Kranstuber inquired if there was an interest in scheduling a meeting with Shawnee
Hills.
Council consensus was to schedule a meeting.
Mrs. Boring will contact Shawnee Hill and work with the Clerk to schedule a public
meeting on a Monday evening either at City Hall or the Recreation Center.
Ms. Chinnici-Zuercher:
1. Pointed out the "no outlet" signage options which staff has before Council tonight.
Consensus of Council was to adopt the brown-on-brown no-outlet signage.
2. Inquired if direction was requested in response to Mr. Kindra's memo regarding an
irrigation system at the intersection of Glick and Muirfield.
Mr. Hansley responded that this item would be discussed in the CIP meetings.
~ 3. Stated that, in response to Mr. Peterson's announcement, she would like to say that
she has been impressed by his impact, which she has found to be quietly effective. Mr.
Peterson's comments have been perceptive and on-target. As Mr. Reiner pointed out, Mr.
Peterson speaks his convictions. She added that she has learned from his example. She
thanked Mr. Peterson for his leadership in Dublin and elsewhere.
Mr. Adamek:
1. Stated that notice has been received from the Ohio Department of Natural
Resources that the grant application for funding for trees in Wellington Place has been
denied. Staffwill now look elsewhere for this funding.
Mr. Hahn noted that the tree reforestation fund could be used for the tree component of the
project, although it could not be used for the other components.
2. Inquired if Mr. Kindra required any action from Council in response to his memo
regarding the AEP lighting change on Muirfield Drive.
Mr. Kindra responded that was for information purposes only.
3. Inquired if any action was required regarding the Metroparks on the Valentin
property.
Staff responded that no action is required.
4. Requested a brief summary of the issue with the septic system at the Rec Center.
Mr. Hansley stated that when the bikepath was installed, the septic system which serves
the Community Relations building was cut off. Although it took several days to identify
the problem, it has now been repaired.
~ 5. Inquired if Council action was required regarding Senate Bill 5.
f
Mr. Hansley stated that the issue is whether the City of Dublin will support a referendum
to overturn the Bill. Ifso, should City dollars be expended for the $1,500 donation
required of each party participating in the referendum, or should fund-raising activities be
initiated? Staffwould recommend that Council take action to support the referendum
effort, and as a separate action, decide whether to have private entities support that initial
cost or whether to take that fee from the reserve fund. A decision could be made later on
methods of further funding.
Mr. Adamek clarified that the City of Dublin would not take the lead on this project, as it
has on several others.
Mr. Hansley confirmed that the City of Pickering ton is taking the lead on the referendum.
Mr. Adamek moved to support the City's participation in the effort to place a referendum
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DAYTON LEGAL BLANK INC. FORM NO. 10148
Held July 23, 2001
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regarding Senate Bill 5 on the November ballot by authorizing an expenditure of
$1,500.00.
Mr. McCash suggested that this be subject to the Law Director's legal opinion.
Mr. Adamek agreed to amend his motion accordingly.
.r--, Ms. Chinnici-Zuercher seconded the motion.
Vote on the motion: Mr. Peterson, yes; Mr. Reiner, yes; Mayor Kranstuber, yes; Ms.
Chinnici-Zuercher, yes; Mrs. Boring, yes; Mr. McCash, yes; Mr. Adamek, yes.
6. Expressed appreciation for the quick response regarding the Irish Festival signs.
7. Requested that Code Enforcement contact the Continental group regarding weeds
on the property on Perimeter Drive west of the Craughwell apartments.
Following discussion, direction was also given to staff to contact the responsible parties
regarding weeds at the rear of property at 3865 Bright Road and to check the house rental
sign on Bridge Street at the west end of the cemetery.
8. Stated that he had the pleasure of attending the recent CABA banquet. He noted
that this is the eleventh year that the CABA Wodd Series has been held at A very Park.
9. Added his deepest appreciation for the opportunity to serve with Mr. Peterson. He
and Mr. Peterson began their terms on Council at the same time. He will reserve further
comments for Mr. Peterson's last meeting in this Chamber. He added that he would need
time to prepare in order to adequately express the high regard he has for his colleague.
Mayor Kranstuber:
1. Stated that he and Chief Geis attended a seminar this past weekend on community
policing. It was an excellent seminar, although 80 percent of the programs are ones the
City already provides. Suggestions on dealing with curfew violations were of particular
interest. Information will be forwarded to Council at a later date. He noted that
- Charleston, S.C. has a hospitality policy. When a visitor to their community experiences
an "incident", their police department has a program, in conjunction with the Chamber and
area hotels, to provide a free rental car, hotel room, dinner, or whatever the need might be,
to assist the victim. The minimal cost for this program has resulted in very positive
feedback. More information on that idea will also be provided to Council later.
2. Inquired who planned to attend the NLC Conference in Atlanta, Georgia. Mr.
Borings and Ms. Chinnici-Zuercher indicated that they plan to attend. He directed the
Clerk to make three reservations at this point in time.
Mayor Kranstuber moved to adjourn to executive session for discussion of legal and land
acquisition matters.
Mr. Adamek seconded the motion.
Vote 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 Kranstuber announced that the meeting would not be reconvened following the
executive session.
as e:i"ourned to executive session at 10:15 p.m.
~
{~ (0_ ~f~
Clerk of Council