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HomeMy WebLinkAbout08/13/2001 I I i_ I ~ RECORD OF PROCEEDINGS ~~~~~3~ ..~o~~~.Mw.M~.~~..~~..~~.,..~..~~.,.....m_~wm~..~._~~wH.,~,_..~,~~~~._.M~~ta.~go~.~..,~..~.P..~,. ~~~._~...~,..v..~,.~~..~w..~ti..~~.,~.~.~._~a.~aat~ ti. .~~~.,...~,~µ...~~.~w,o~~..A~o~~m.~~,.~.~~~,.~..,,~.,~tiA..~...ro. Held August 13, 2001 (YEAR) Mayor Kranstuber called the Dublin City Council meeting of August 13, 2001 to order at 7:00 p.m. Ms. Chinnici-Zuercher led the Pledge of Allegiance. Roll Call Council members present were: Mayor Kranstuber, Mr. Reiner, Ms. Chinnici-Zuercher, Mr. Peterson, Mrs. Boring and Mr. McCash. [Vice Mayor Adamek arrived at 7:15 p.m.] Staff members present were: Mr. Hansley, Mr. Ciarochi, Ms. Grigsby, :Mr. Smith, Mr. Gunderman, Mr. Kindra, Mr. Harding, Mr. McDaniel, Mr. Stevens, Ms. Crandall, Mr. Price, Ms. Hoyle, Mr. Husenitza, and Ms. Heal. Apuroval of Minutes of Ju1~23, 2001 Council Meeting Mrs. Boring requested that the words `for the Irish Festival" be added to the sentence on page six, which reads, "Mayor Kranstuber inquired what the original appropriation for alcohol was." Mayor Kranstuber moved approval of the minutes as amended. Mr. Peterson seconded the motion. Vote on the motion - Mr. McCash, yes; Ms. Chinnici-Zuercher, yes; Mrs. Boring, 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 Mike Jenkins, 5585 Caplestone Lane, President, Board of Trustees, Dublin Convention and Visitors Bureau (DCVB), introduced the new DCVB Director, Scoi;t Dring. He noted that Mr. Dring has an .extensive background with the travel and tourism industry, most recently serving as the Public Relations Manager for the Ohio Division of Travel and Tourism. Scott Drink, 124 Glenmont Avenue, Columbus, stated he has long admired the Dublin community, not only for its travel and tours products, but also for its quality of living. He is looking forward to serving as the DCVB director for this community. Mayor Kranstuber stated that City Council has enjoyed a positive working relationship with the DCVB Board and with the past executive director of DCVB. There are many projects for which Council and DCVB have a joint interest, and Council looks forward to enjoying the same excellent working relationship with Mr. Dring. Matthew Wickline 7463 Dublin Road, stated that he has had an ongoing erosion problem on his property as a result of its being torn up with City improvement projects. Presently, the City waterline is being extended through his property, and his understanding is that two additional projects are planned for this area of Dublin Road -installation of a storm sewer and the City bikepath extension. He requested that the projects be coordinated, so that his property is not in a consistently torn-up condition. He stated that he has shared his concerns with Jay Herskowitz, Balbir Kindra, and Cathy Boring. In addition, there is an ongoing, yet acute problem with stormwater runoff and sinkholes on his property. Mayor Kranstuber inquired about the schedule for the stormsewer project for this area. Mr. Kindra stated that there is no stormsewer project planned for this area. When a new subdivision was installed several years ago behind Mr. Wickline's property, the stormwater problem for this area was addressed to .the extent possible. However, the City could re-visit Mr. Wickline's property to evaluate the current problem, and if there is anything the City can do at this time to address it, they will be happy to do. Mayor Kranstuber requested that Mr. Kindra have an expert staff member make a site evaluation of Mr. Wickline's property and provide a report to Council. Mr. Wickline asked for an immediate visit, as it has developed into an emergency situation. - - - _ _ ~ ; ~ T-_ RECORD OF PROCEEDINGS M~~ut~~..~£..,~,.~,......v..n,H.~.4uo~.~w....~wv~.w....~..,..~,.~~,., ~~b~~~~~3~,.,~auihe.~a,....~~~~,~ti,.~~..~ti,,....,,.w_.m....,......~._._.~P ~..,.~~,w.,n:.o.:..... M~~~,~ .._~a~.,.~,.~~ti~~._.~.,w.~.H..~„~.~m. ~..w~,..m,~..~w..~ ~.ge m g~~...~3.,....a~.a Held August 13, 2001 . (YEAR) I Mayor Kranstuber inquired about the bikepath and waterline construction schedules for Mr. Wickline's neighborhood. Mr. Kindra responded that the surveyor is currently laying out the bikepath. Installation of the bikepath and waterline is scheduled for this year and will be coordinated to ensure the minimum inconvenience to the residents. Mr. Wickline stated that boring under the road in front of his house is scheduled to occur next week, so the situation needs immediate attention. Mayor Kranstuber stated that staff responses will occur as follows: (1) Mr. Hansley or Mr. Ciarochi will contact Mr. Wickline tomorrow to discuss the specifics of the bikepath and waterline construction, and (2) within the next two weeks, an Engineering staff member will conduct a stonnwater site evaluation and provide a report on the problems and proposed remedies for the next Council meeting. SPECIAL RECOGNITION/PROCLAMATIONS Mayor Kranstuber introduced Miss Natalie Witwer, who recently won the Miss Ohio 2001 title and will represent the state of Ohio at the Miss America contest in Atlantic City, N.J. in September. He read a proclamation proclaiming Saturday, August 25th, Natalie Witwer Day in the City of Dublin. Miss Witwer stated that the final competition in the Miss America contest will be on September 22nd, following a week of preliminary competitions. She stated that the community of Dublin has played a significant role in her life, providing her many opportunities to be involved. Her platform for Miss America is youth ministry, which she calls, "Start at the Core." Mayor Kranstuber recognized the Dublin Coffman High School baseball team's win of the 2001 State championship. He asked Coach Tim Saunders to highlight the season. Tim Saunders 5811 Dublin Road, Dublin Coffinan High School baseball coach, stated that the high school varsity team has 25 members and several assistant coaches, who provided valuable training and support.. The team ended their season with a 26-7 record. This is the first Dublin Coffinan High School baseball team to participate in the State championship, and, incredibly, to have also won. He read the names of the team members. On behalf of City Council, Mayor Kranstuber thanked Coach Saunders for the 14 years he has worked with the team. He presented the team with a special recognition sign to be posted at the high school. He added that the City will also post smaller recognition signs at the main gateways to the City. Bart Hunton. 5915 Muncie Ct., graduating senior, Dublin Coffinan High School, thanked Coach Saunders for his work with the team, teaching them not only the skills of the sport, but skills for life itself. Staff Comments Mr. Ciarochi referred to three memos in Council packets: 1. Request for staff waiver of the development requirements for two parking lots: (a) Site #1 -school property west of Darby Street in Old Dublin. He stated that the storage area at the back of the site will be developed into a parking lot to be used by the Dublin City Schools and by the City as a public parking lot. (b) Site #2 - land recently gifted by Patrick Grabill to the City for the purpose of developing a parking lot. Mr. Adamek moved to waive the parking development standards for the Dublin Schools District storage lot located west of the Dublin library in Old Dublin in conjunction with the development of a public parking facility. Mr. Peterson 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. I I I I. , s , RECORD OF' PROCEEDINGS D~bl~x~~afyQaGo~,~~i~.~,~..,~.,a~.~„a4.o~om4..~....~.~. Pagev3e.~F~e~~..,.eMe~x~~g~~,m.....~..a~..n~.. .._4.~.w.~~~_e..~~,.a~~~..~.w._..n.....~A.Main~x~so,~f.~........~~,~..~...~~~~w..~_b~~4,..~~._.,.v~..~,._.P.~.m~,,~~~_.e._ ...~...~n.. Held August 13, 2001 (YEAR) Mr. Adamek moved to waive. the parking development standards for the Grabill property located just south of the Town Center II site in conjunction with the development of a public parking facility. Mr. McCash seconded the motion. Vote on the motion: Ms. Chinnici-Zuercher, yes; Mayor Kranstuber, yes; Mr. Reiner, yes; Mr. McCash, yes; Mrs. Boring, yes; Mr. Peterson, yes; Mr. Adamek, yes. 2. Dublin City Schools request for a rezoning fee waiver for the administration building located at 62 West Bridge Street. Approximately five years ago, the Schools made an application for rezoning of that property, which was subsequently approved by the Planning and Zoning Commission and sent back to City Council. However, the Schools tabled the request, and no further action was taken at that time. At this time, the Schools would like to proceed with the rezoning, which will require proper public notice. To assist in paying the legal notification costs, staff recommends that Council approve a partial waiver of 50 percent of the total rezoning application fee of $3,670.00, or a waiver of $1,835.00. Ms. Chinnici-Zuercher inquired what the Schools paid for the rezoning application fee five years ago. Ms. Grigsby could not recall the exact amount, but estimated a fee of $2,500.00. Mayor Kranstuber moved to waive fifty percent of the rezoning application fee. Mr. Adamek seconded the motion. Vote on the motion: Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. Reiner, yes; Ms. Chinnici-Zuercher, yes; Mr. McCash, yes; Mr. Adamek, yes; Mr. Peterson, yes. 3. Planning and Zoning Commission's schedule of hearing dates for revision of the zoning code, included in Council packets, per Council's request. Mr. Smith: 1. Stated that provided in Council packets was a draft of an ordinance for architectural guidelines, which will be scheduled for introduction at the August 27th Council meeting. The Clerk stated that the material had not arrived in time to be included in the packets for this meeting. She will fax the draft to Council tomorrow. Mr. McDaniel: 1. Stated that Council packets included a letter from the Dublin Women's Club requesting the opportunity to officially dedicate the artwork that they are donating to the Dublin Recreation Center. The dates they suggest for the dedication are October 24th, 25tH or November 8th. Council consensus was to schedule the dedication for October 24th 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. Ciarochi stated that staff recommends that the legislation be removed from the table and that Council disapprove it. Mayor Kranstuber moved to remove the legislation from the table. Mr. McCash seconded the motion. Vote on the motion: Mr. Peterson, yes; Mr. Adamek, yes; Mr. Reiner, yes; Mayor Kxanstuber, yes; Ms. Chinnici-Zuercher, yes; Mr. McCash, yes; Mrs. Boring, yes. Mayor Kranstuber moved to disapprove the ordinance. Mr. Adamek seconded the motion. Vote on the motion: Ms. Chinnici-Zuercher, yes; Mayor Kranstuber, yes; Mrs. Boring, yes; Mr. McCash, yes; Mr. Reiner, yes; Mr. Adamek, yes; Mr. Peterson, yes. - - RECORD OF PROCEEDINGS Man~t~s...c~~.~.,~e..~w~~~.~~.~r, . Dubs:~Ci.CaoflP~~.dea..~.~~.a...~~.4.ok..~~,~...,~..,..,.,_. ~age..~ 4..~AO_~.~o, M~~~ka~ _~.~,4.~.~.~ ~..,~.,...a.~..,~~,~.~.e.~ .,~wowv..~..dn.~~.n.4...~H~H.,r.,.,~~.,,.~~ g~ .~a..~...anm~.. Held August 13, 2001 (YEAR) I SECOND READING/PUBLIC HEARING -ORDINANCES Ordinance 86-O1 - An Ordinance Approving a Tax Credit and Economic Development Agreement with Medex, Inc. and Authorizing, Confirming and Ratifying the Execution of the Agreement. Mr. Hansley stated that additional information was provided in the packet. Staff recommends approval. Vote on the Ordinance: Mr. McCash, abstain; Mr. Adamek, yes; Mr. Peterson, yes; Mrs. Boring, yes; Ms. Chinnici-Zuercher, yes; Mr. Reiner, yes; Mayor Kranstuber, yes. Ordinance 89-01- An Ordinance Accepting the Lowest/Best Bid for the Dublin Skate Park, and Declaring an Emergency. Mr. Hansley stated that staff recommends approval. Mrs. Boring stated that she has provided copies of a magazine article, recommending a process of involving the community in the development of a community skatepark. She commended staff on their handling of the process. Mayor Kranstuber moved to approve the legislation by emergency. Mr. Adamek seconded the motion. Vote on the motion: Mr. Adamek, yes; Mayor Kranstuber, yes; Mr. Reiner, yes; Mrs. Boring, yes; Ms. Chinnici-Zuercher, yes; Mr. Peterson, yes; Mr. McCasri, no. Vote on the Ordinance: Mr. Peterson, yes; Mr. Adamek, yes; Mayor Kranstuber, yes; Ms. Chinnici-Zuercher, yes; Mr. McCash, no; Mrs. Boring, yes; Mr. Reiner, yes. Ordinance 90-O1 - 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. Hansley stated that there have been no changes since the first reading, and staff recommends approval. Mayor Kranstuber opened the floor for public testimony. Rhonda Lilley. 8963 MacIntyre Drive, provided copies of her statement. She indicated that she lives next door to Tom and Michael Large, the owners of the pit bull referenced in her statement. She stated that the events within the past six months have shaken her confidence and sense of security in living in this community. She described an incident when the Large's pit bull advanced upon her in her backyard, at which point her husband intervened. Since then, she is fearful each time she walks her dogs along the bikepath past the Large residence. The pit bull snarls and growls down from the top rail of the Large fence. Although State statute specifies that a fenced enclosure is adequate containment, a structure within the Large patio enables this dog to stand at the top of the fence. In this section of that patio, the fence comes only to the knees of the dog, a height of 12 inches. While the law does not specify a height requirement for such enclosures, it is obvious that a 12-inch fence is insufficient to restrain any dog. She has observed this dog unleashed on numerous occasions, and has heard Mike Large defend that action by claiming that his dog is not vicious. Unfortunately, the near attack she experienced and the continuous snarling stance does not convince her that this dog is gentle. It should be noted that the on the occasion when the pit bull advanced upon her, the attack was not provoked by her pets, as they were within the house at the time. It was an attack directed at a person. Last week, this pit bull was loose again in the evening this occurring after numerous warnings from the police and the dog warden. On this occasion, the pit bull chased her neighbor, - Mr. Reese, and his dog to his house. The police were called. There is also a videotape of this dog running loose in the community without the owner's awareness. She cannot step outside her house without being terrified of this dog. The owner has not obeyed the law despite numerous conferences with the dog warden, police and City attorney. Her quality of life has been negatively impacted by the pit bull next door and the owner's failure to demonstrate the reasonable care normally taken by citizens. She has four dogs, all are gentle, but are never walked without a leash. She considers it her responsibility as a resident of this community to take reasonable care to ensure that her dog is controlled and cannot present a risk to others or their pets. She requested that City Council pass the vicious dog ordinance, so that Dublin residents have reasonable protection. The police RECORD OF PROCEEDINGS M~~~_~~ D~bd.City..iu~l~o_~~.~..~_H~.w....~.~~H.~m.~H...~..~.~~~o~'ageoS ..~.rw..~..... M~~~. ._.._e,~..,.~.~,,~.,..~..,4,.~.,~~.~v,w. ~w~n~~u.._v..~.....~.~,.~..r.~..~~,~~o~,~...~w~a ~~M.H~ .P . ' ~~,.,..~~~~w.. Held August 13, 2001 (YEAR) I have attempted to intervene on numerous occasions but have been limited because the City of Dublin lacks this ordinance. In addition, she requested that the ordinance take into consideration structures within a fenced enclosure, so that true containment can occur. She supports Ordinance 89-01 on tonight's agenda, but would also propose that Council consider, at a later date, something more stringent. Peter LaBianca, 8963 MacIntvre Drive, stated that he is Ms. Lilley's husband. He has been a resident of Dublin since 1987, and is proud of the community. He believes that the City officials are fine public servants, but unfortunately, some problems are presently out of the control of the City's officials. Despite their best efforts, there is a dangerous and potentially tragic situation in their neighborhood. In the situation in which. the pit bull attempted to bite his wife, he tried to chase the dog away with a stick. Each time he swung the stick at the dog, it would back away a foot, then advance on him. At the same time, another pit bull owned by Mr. Large circled behind him in a threatening manner. Fortunately, another gentleman who was visiting their home, also took a stick and confronted that animal. After several minutes, Mike Large and his father, Tom, physically cornered the dogs and removed them from Mr. LaBianca's yard, as the dogs would not back off from the attack. Mr. LaBianca called the police. Although Mike Large attempted to leave with both dogs in the car, the responding officer arrived in time. Attempting to leave the scene of such an incident should be considered proof that these individuals understand that their actions are not lawful but their response is to avoid consequences. Some time ago, he worked as a parole officer in the City of Cleveland and was confronted on a number of occasions by various breeds of attack dogs, including Dobermans, German Shepherds and Rottweilers. Although he never carried a gun, he always carried a stick. Swinging a stick or, if necessary, striking one of those dogs, was always sufficient to run the dog off. The Larges' pit bulls are more bold and vicious than any animals he ever confronted in the worst neighborhoods of Cleveland, refusing to back down when confronted by a large person with a large stick. Since that time, he has observed the animal loose in the Large's unfenced area, with Mike Large playing with it in such a manner that would suggest that he is encouraging it to fight and attack. Even though Mr. Large has been warned to keep the dog on a leash, he will not do so. On one occasion, he observed the animal loose in another neighbor's yard until Mike Large called it back to his yard. When he called to Mr. Large to keep the dog on a leash, Mr. Large responded that he had the dog under control and did not need a leash. Last Monday, the City attorney, Mr. Smith, and the Dublin Police canine officer visited Mr. Large and discussed the situation. Mr. Large promised to restrain the animal and assure that it would not get loose again. Within five minutes of City staff's departure, the dog was running unrestrained in the unfenced area of the Larges' yard, in the company of Mike Large. Because it is obvious that the Larges have no regard for the law or their neighbors, he is now keeping a loaded gun in his house in the event one of the pit bulls does attack one of them. He urges that Council adopt the legislation by emergency. Kim Koumas. 9000 MacIntvre Drive, stated her family has also been attacked. A few months ago, her 12-year old son put their dog on a leash and stepped outside to allow the dog to go to complete his toilet. Immediately, a pit bull from the Large residence sprinted across the street to the Koumas residence. Her son managed to get himself and their dog back inside their home just in time, but he was very frightened. Additionally upsetting was the fact that Michael Large never attempted to call his dog back. On another occasion, she pulled her car into her garage, took her dog into the house and returned to the open garage, at which point the Large's pit bull confronted her in the garage. She re- entered the house, called the police, and also took pictures of the loose dog, per the Police Department's suggestion. She indicated that.. the dog appears to be showing more signs of aggression. She stated that Michael Large is not a responsible dog owner and this dog and his owner are an explosive combination. She added that the City of Bexley has banned the possession of pit bulls in their city. Mr. Reiner stated that he is familiar with the situation in this neighborhood. He noted the Larges are in defiance of the terms of the warranty deed for a Muirfield home. This family has a long reputation of violating the trust of their neighbors. Mr. Reiner moved to approve the ordinance by emergency. L l f.. I RECORD OF PROCEEDINGS M~za~ut~~x~~~.~,.~.~~.,~..ow.m~~..N,....v..~..r~._.~.~~,.~~~.~o.~_~M..n~wd~.Daa~,d.C~~~ ~oc~.~..~.4.0.,~.,.~~v....H_~,Pµv.~..A.~om4....~..~~ ~.~'.age.~i~v..~..~~~o,.P~~~t~ Held August 13, 2001 (YEAR) Mr. Adamek seconded the motion. Vote on the motion: Mr. Reiner, yes; Mrs. Boring, yes; Mr. McCash, no; Mr. Adamek, yes; Mr. Peterson, yes; Ms. Chinnici-Zuercher, yes; Mayor Kranstuber, yes. Mr. McCash stated that his concern is that this State language is over-encompassing. It also does not address the concerns of some residents regarding other breeds that are not included in the definition for "vicious dog" . Mr. McCash moved to amend Section 4(A)(3) to read that..." belongs to a breed that is commonly known as a Pit Bull, Doberman, German Shepherd or any other breed that has historically been utilized and trained for attack or has a higher probability of attack." Mr. Adamek seconded the motion. Mrs. Boring stated that she preferred to leave the legislation as a copy of the State statute at this point. Following adequate review of all these concerns by the Community Services Advisory Commission, Council could later make amendments. Mr. McCash stated that it would appear that Council is passing an ordinance to address one particular situation in one neighborhood.. However, there are other citizens with similar concerns, some regarding dogs that have a higher probability of attack German Shepherds, Rottweilers and Dobermans are typically used as police dogs and attack dogs. Those citizens' concerns are not addressed as the ordinance now reads. His neighbors would like the same protection by having the prima facia evidence set up. Mrs. Boring stated that without further evidence, she is not comfortable with other breeds being included in the legislation. Mr. LaBianca stated that there is evidence regarding the Rottweiler breed. A study conducted by the Center for Disease Control (CDC) states that between 1997 and 1998, twenty-five breeds of dogs were involved in human attacks; however, Pit Bulls and Rottweilers were involved in more than half of the deaths. The statistics showed that most of the attacks were from unrestrained dogs. Restraining the dogs does protect the citizens. Mr. McCash stated that the problem is an owner who is not complying with the leash law. Mr. Reiner stated that he does not believe that Council should pursue discussion at this time to complicate passage of what is the State law. He favors passing it as submitted. He requested the Law Director's opinion. Mr. Smith responded that his office received hundreds of calls, of which there was more than one interest and opinion. His recommendation would be to pass it tonight as an emergency measure to mirror the State law. Experts can be brought in to discuss further refinements in-depth with a Council committee. Since. his office indicated to citizen inquiries that the ordinance tonight would mirror only the State statutes, he would not recommend amending the ordinance to include other breeds without giving the citizens that would be affected by that amendment an opportunity for a public hearing. Vote on the motion for amendment: Ms. Chinnici-Zuercher, no; Mayor ]Kranstuber, no; Mr. Reiner, no; Mrs. Boring, no; Mr. Peterson, no; Mr. McCash, yes; Mr. Adamek, yes. Mr. McCash stated that this mirrors the State law, and if, in fact, the Dublin police can already cite this situation under that State law, why haven't they? Mr. Smith, Jr. stated that citations can be written under the State law, but the citations have to go to Delaware Municipal Court. They are overburdened at this time, and these cases would not receive adequate attention. If Council passes this ordinance, citations would go to Dublin's Mayor's Court, and Dublin would have the opportunity to address the situation at the outset. Mr. McCash stated that this would not solve anything, as the offender. would simply move ' to have it referred to Delaware Municipal Court. Vote on the Ordinance: Mrs. Boring, yes; Mr. Peterson, yes; Mr. Adamek, yes; Mr. McCash, no; Mr. Reiner, yes; Mayor Kranstuber, yes; Ms. Chinnici-Zuercher, yes. Mrs. Boring moved to refer this legislation to the Community Services Advisory Commission for study regarding the need for additional legislation to make the law more stringent or all encompassing. Mr. Reiner seconded the motion. Vote on the motion: Ms. Chinnici-Zuercher, yes; Mayor Kranstuber, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr. McCash, yes; Mr. Peterson, yes; Mr. Adamek, yes. I' I ~ I I l ~ ~ r. .i.E ~ RECORD OF PROCEEDINGS e~e.~~.,~..e~~.,.~...~~,~..~~.~~~..Ma~ate~„~fH~,.vA.~.w~~......~,~..~~..~..~,~~~...~~..~~.,~~e~.~o.. ~a~,blr~..C.i~ty~~Cou,~cit _ ,~~,~age4~ 4....P...~v~~,.P.M~,~kang.~~.m~.~..~ti Held August 13, 2001 (YEAR) Mrs. Boring requested that the Commission be provided a copy of the CDC study to which Mr. LaBianca referred as well as a copy of the minutes of Mr. McCash's comments, so that they are aware of the issues before Council. Mr. McCash requested that copies of the ordinances from other cities, which the Law Director's office has, also be provided to Commission. Mr. Smith stated that a member of his staff will attend those meetings and will provide substantial material. Mrs. Boring suggested that interested citizens should contact the Community Services Advisory Commission.. They may contact the Council Clerk to obtain the names and addresses of those commission members. INTRODUCTION & FIRST READING -ORDINANCES Ordinance 92-01 - An Ordinance Authorizing the City Manager to Enter into a Collective Bargaining Agreement with the United Steelworkers of America Regarding Wages,. Hours, Terms and Conditions of Employment for Employees within the Maintenance Worker, Sign Worker, Auto Mechanic and Custodial Worker Bargaining Unit, and Declaring an Emergency. Mr. Adamek introduced the Ordinance. Mr. Hansley stated that there is a memo in Council packets detailing the need to pass the legislation by emergency. There is also aresponse to an e-mail inquiry from Ms. Chinnici-Zuercher, which provides additional information on the cost of several of the elements. Mr. Harding stated that the agreement is a culmination of three months of work on the part of the City negotiation team and the United Steelworkers. Staff believes the agreement is fair to both parties. Where economic increases were granted, there are comparables to support those increases. Council must act in 30 days in accordance with Chapter 3117, which is the Collective Bargaining Act. Since the previous agreement has already been extended beyond the July 14th expiration date, staff recommends passage by emergency. Ms. Chinnici-Zuercher referred to staff's response to her e-mail inquiry, noting that the aggregate total financial impact of the new contract is an additional $1.7 million over the next three years. She also spoke with Mr. Weisman, Special Labor Counsel, this morning, and is satisfied with the answers to her questions. She understands that the increases are in-line with Council's goal to bring City salaries up to the 80th percentile of the marketplace. Although these increases will still not attain that goal, it represents significant progress. Mrs. Boring stated that the unionized City employees were not included in the City-wide increase that other City employees received last year. If they had been included, the cost of this increase would have been added to the cost incurred by the City last year. Mr. Harding confirmed if they had been included in that study, the cost would have been equivalent to what has been provided by this contract. Since the existing contract was negotiated three years ago, it has been three years since any adjustments have been made in these rates of pay. Mayor Kranstuber moved to pass the legislation by emergency and dispense with the public hearing. Mr. Adamek seconded the motion. Vote on the motion: Mr. Reiner, yes; Ms. Chinnici-Zuercher, yes; Mr. McCash, yes; Mrs. Boring, yes; Mr. Adamek, yes; Mr. Peterson, yes; Mayor Kranstuber, yes. Vote on the Ordinance: Mrs. Boring, yes; Mr. Adamek, yes; Mr. McCash, yes; Mayor Kranstuber, yes; Mr. Reiner, yes; Ms. Chinnici-Zuercher, yes; Mr. Peterson, yes. Ordinance 93-01- An Ordinance Adopting the 2002-2006 Five-Year Capital Improvements Program. Mr. Adamek introduced the ordinance. Mr. Hansley stated that there will be two workshops prior to the second reading of this legislation. - I ! 14 , n _ . RECORD OF PROCEEDINGS ~ub~n-uit~~~oa~.~~.,.~~.~.~w.,.w.~~~~~oe., g,..Hp4e~~...~..,~,4~~ Mim~te~~o~_.,....v~.v..~N~.~.,~~~..~~.~v.,,~o„~..n~~_m~~,~~~,~w~, . P~ge,.$u„~.,~.,,,~.M~M~~ta~ Held August 13, 2001 (YEAR) Mr. McCash stated that Ms. Grigsby will fax tentative agendas for the hearings to Council members. He suggested that Council members review the agendas and fax their questions to Ms. Grigsby the day before the meeting, and she will attempt to have the requested information available for the meeting. There will be a second reading/public hearing at the September 4 Council meeting. Ordinance 94-O1- An Ordinance Accepting the Lowest/Best Bid for the Outdoor Pool Improvements Project. Mayor Kranstuber introduced the ordinance. Mrs. Boring inquired about the installation schedule. Mr. Hahn responded that installation will occur in the Fa112001 months and Spring 2002 months in order to be completed before pool opening day in 2002. Mr. Adamek requested a copy of the plan to be provided in the next Council packet. There will be a second reading/public hearing at the August 27 Council meeting. Ordinance 95-01- An Ordinance Accepting the Lowest/Best Bid for the Darree Fields Expansion Project. Mayor Kranstuber introduced the ordinance. Mr. Adamek requested a copy of the plan to be provided in the next Council packet. There will be a second reading/public hearing at the September 4 Council meeting Ordinance 96-01- An Ordinance Authorizing the City Manager to Enter into an Agreement with Washington Township for the Purpose of Collecting Fees on Behalf of the Township, and Declaring an Emergency. Mr. Adamek introduced the Ordinance. Mr. Hansley stated that this legislation is provided in follow-up to discussion at the last Council meeting. Staff requests that the legislation be approved by emergency. 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. Reiner, yes; Mrs. Boring, yes; Mr. McCash, yes; Mayor Kranstuber, yes; Ms. Chinnici-Zuercher, yes; Mr. Adamek, yes. Vote on the Ordinance: Mr. Reiner, yes; Mr. McCash, yes; Ms. Chinnici-Zuercher, yes; Mayor Kranstuber, yes; Mrs. Boring, yes; Mr. Adamek, yes. Ordinance 97-O1 - An Ordinance Vacating 7.902 Acres, More or Less, of Woerner- Temple Road, Beginning at Cosgray Road and Extending East to a Point Being Approximately 1830 Feet West of the Centerline of Avery Road, City of Dublin, County of Franklin, State of Ohio, and Declaring an Emergency. Mayor Kranstuber introduced the ordinance. Mr. Hansley stated that staff requests adoption by emergency. Mr. Ciarochi stated that this ordinance is a housekeeping measure to deal with the platting that took place with the Ballantrae subdivision and golf course development. Much of this street has been abandoned during the construction phase. In the abandonment of the right- of-way, the City has re-platted the area: Franklin County has requested a formal action in order to vacate these portions. He noted that there are some private ownerships going through the centerline of the road; those are not a part of this petition. Those areas which are included in the petition are owned by the Edwards Company or the City of Dublin. 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. Adamek, yes; Mr. Reiner, yes; Mayor Kranstuber, yes; Mr. McCash, yes; Mrs. Boring, yes; Ms. Chinnici-Zuercher, yes. Vote on the Ordinance: Ms. Chinnici-Zuercher, yes; Mr. Adamek, yes; Mrs. Boring, yes; Mr. McCash, yes; Mayor Kranstuber, yes; Mr. Reiner, yes. Ordinance 98-01- An Ordinance Approving and Authorizing the City Manager and Director of Finance to Execute a Park Development Agreement with Multicon Development Co., Waiving Related Competitive Bidding Requirements, and _ ~ i ~ ~ ~ RECORD OF PROCEEDINGS .wN.~.~....~..~._~..~.,w~...~...wro...~..,.Minut~~s ~..~~,~..~...~.~~~~..~.~.~~~.~...~.~~.W..~~.~.~,~.~,~k~1,i~.tvy~...Co~~~1 ~m~.._...a~~w~~.~.,~.~ ~...~....vm..~age.~ .~_..~M.~..,.Me~1i.~a~g~.~.~~~.~..,~. Held August 13, 2001 (YEAR) Declaring an Emergency. Mayor Kranstuber introduced the ordinance. Mr. Hansley stated that staff requests adoption by emergency. Mr. Ciarochi stated that this ordinance will authorize the development of the park along the north side of Woerner-Temple Road as it enters into the Ballantrae subdivision. He noted that two drawings have been provided to Council: a schematic of the entire park area and a schematic of some of the walls. He added that construction of the park will involve City appropriation in the capital improvements budget, and the developer has a presentation of the proposed development plan. Pete Edwards, Edwards Land Company, stated that Dublin's original objective was to raise the bar for the quality of development in the southwest area, in particular along Avery Road. It is more difficult to change a developed area than to start with an undeveloped area. Because of this, Dublin needed a massive development with a great entrance approach. The entrance approach takes on added significance because of a lack of character in the other 642 acres and the undesirable existing uses along Avery and Shier Rings roads. There was only one possible approach, and that is the park being presented to Council tonight. It is a vital element in helping Dublin reach its objective and should not be compromised. The park presentation team will answer questions at the conclusion of the presentation. Mike Fite of Bird-Houk Associates will outline the overall theme of the development; the theme ties the development and the park together. He will be followed by Keith Myers of Myers-Schmalenberger, who will provide park details. Michael Fite Bird-Houk Associates, stated that their vision for Ballantrae is taken from the Irish landscape. Research of Irish landscapes. identified four distinct categories, and those elements are included throughout the Ballantrae development: open space, water, stone, and ruins. Mr. Fite accompanied his presentation with a slide presentation with character images of those elements. Tonight's focus is on the parks. There are 19 parks throughout the development with over 50 acres of parkland, and the 209•-acre golf course provides a substantial contribution of open space. He noted that the traffic circle contains a unique 2.65-acre park, which is built on the concept of an agrarian landscape seasonal fields of color contained by three bisecting walls. A double row of trees around the edge contains the bikepath, and the central focus of this park is a small ruin and perennial garden. The traffic circle is located at the end of Woerner Temple Road just past the entrance park. Keith Myers. M ey rs_Schmalenberger Associates, stated that the entrance park has the potential of becoming a world-class park. Creating an Irish landscape theme is a challenge, as central Ohio landscape is flat. This area has only afour-foot drop over the entire eleven acres. They worked hard to create an interesting framework with the Irish theme. The site is bounded by the Kendall Ridge subdivision on one side, and open space that is part of the Kendall Ridge plat on another side. The park will include: three to four acres of lakes with a stone weir creating a waterfall; a long stone wall arcing around the park; a reforestation area; and the centerpiece of the park a 20-foot hillock with a stone face "carved away over time, an active play fountain in front and at the end of a winding path to the top, a stone sculpture replica of "The Dancing Hares," of the :Hague. He hopes that this park is something the City is proud of and a lasting contribution to the community. Mrs. Boring inquired how "kid friendly" the sculpture is. Mr. Myers stated that the original of this sculpture is at The Hague in the Netherlands, and many children played around it. Mrs. Boring inquired if there were many areas that weren't "kid friendly." Mr. Edwards stated that they have talked with the water and stone designers and have emphasized this need, and as the park is built they will continue to communicate with the City's grounds and facilities department to assure this. Mrs. Boring stated that some of the City's public art is designed to attract children, yet is labeled "do not touch." RECORD OF PROCEEDINGS ~~l~~s,....~u~.~.._~.~,~.~~... D~b.~in Ci Coaa.~cil..,.,,.w,..~_.~...µ,,.~.,,.w~.w~...~,m. Pa 10~..~,~MM~,~tu~. .~,~.,,.eb_,,~.,~..~,~,,,~,,~.~,., o,.~,,,~.., ~,..o,~e,.,~A~o„~o~~,~v~,~.~,,,..~ ty ~,.~,a.,,~~,d , gam., g~.~m..me,a..amw, Held August 13, 2001 (YEAR) Mr. Edwards stated that this world-class sculpture is not in the City's budget. The Edwards Land Company will buy the sculpture and rent it to the City for five years for $1/year. At the end of the five years, Edwards will enter into negotiations with the City to determine if the sculpture will remain in the park. If the City does not want the sculpture, then, or at any time, the sculpture can be removed. Mr. Boring inquired what activities are to be permitted at the lakes. Mr. Hahn stated that the lakes would be stocked. At some time in the future, the City may develop a pavilion or shelter house, similar to the one in Coffman Park, which could be rented by the residents. In addition, to meet the safety standards for children, the lakes will be constructed with shelf areas along the shorelines. Mrs. Boring inquired if seating areas are proposed for the current development. Mr. Myers responded that benches will be at the top of the hillock near the sculpture and seating areas will be constructed in the stone at the base. of the fountain. Mr. Adamek stated that previous discussions indicated a substantial hedge around the crest of the hill, which will be 20-25 feet high. Mr. Myers stated that the hillock does .slope down. From the top of the fence to the bottom is twelve feet. There is a hedge and a small fence buried in the hedge. Ms. Chinnici-Zuercher inquired about the projected completion date. Mr. Edwards stated that the opening of the Ballantrae development is planned for next June with the June "Parade of Homes." Mr. Reiner inquired about the cost of "The Dancing Hares," should the City want to purchase the sculpture. Mr. Edwards stated that, although the artist's price for that sculpture has now risen to $400,000.00, his company was able to lock in an earlier purchase price of $300,000.00. Mayor Kranstuber moved to pass the legislation by emergency and dispense with the public hearing. Ms. Chinnici-Zuercher seconded the motion. Mrs. Boring inquired why there is a need for emergency approval of a park development. She understands that the Parade of Homes occurs in June but does not believe that should dictate the timeline. This may not be in the best interest of the citizenry. Mr. Ciarochi stated that, originally, a July date was projected for the golf course, but now the project is being hurried along to meet the Parade of Homes timeline,. Also, the City does have a partnership with The Edwards Company on this project, and both parties already have money invested in the project. Mr. Edwards explained that the dirt has been balanced on the entire site, and while the contractor and equipment are on the site, the construction needs to be done. .Vote on the motion: Mr. Peterson, yes; Ms. Chinnici-Zuercher, yes; Mr. Reiner, yes; Mr. McCash, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. Adamek, yes. Vote on the Ordinance: Mr. Adamek, yes; Mayor Kranstuber, yes; Mr. McCash, yes; Ms. Chinnici-Zuercher, yes; Mr. Peterson, yes; Mr. Reiner, yes; Mrs. Boring, yes. RESOLUTIONS -INTRODUCTION & PUBLIC HEARING Resolution 37-01- A Resolution Adopting a Memorandum of Agreement Between the City of Dublin and Timothy C. Hansley. Mr. Adamek introduced the Resolution. There were no questions or comments. Vote on the Resolution: Mr. McCash, yes; Mr. Reiner, yes; Mr. Peterson, yes; Mrs. Boring, yes; Mr. Adamek, yes; Mayor Kranstuber, yes; Ms. Chinnici-Zuercher, yes. Resolution 38-01- A Resolution Adopting a Policy for the Future Development of Post Road, Dublin, Ohio. Mr. Adamek introduced the Resolution, noting that this Resolution is coming back from the Ad Hoc Committee for Post Road concerning the expansion of Coffman Park and how that expansion would affect the homeowners in this area. This policy is the culmination of several meetings and has the support of all the committee members. Vote on the Resolution: Mr. Reiner, yes; Mrs. Boring, yes; Mr. McCash, yes; Mr. Adamek, yes; Mr. Peterson, yes; Ms. Chinnici-Zuercher, yes; Mayor Kranstuber, yes. - ~ _.._W_ -Tl ~ T ~T. ~ ! ~ I~ ilk- RECORD OF PROCEEDINGS .,.,~~.~.,~,.~w.,~~,~~~~.~ d~..,Mina~t~e~s~~~..~..~~~.~.,..y~y. ~.x.,~~~.....v~.~~.m4o.,.~.~4~.w,.~ D~ab~ig C~ty.,~aui~..~.~~ ~..~~..,_o~.,,_~.~....xw~,~..~~. ~'Mage~l~f..~.~.~.M~~ting~~..~...__~,~. Held August 13, 2001 (YEAR] OTHER Retort from Staff regardin~Request by Kentigern Place residents for Median Cut on Muirfield Drive Mr. Ciarochi stated that Council directed staff to compile information for request, and that was provided in the last Council packet. There was a concern as to whether a median break could fit in at this location with two different options -with and without a left turn lane. Schematic drawings were provided, which illustrate that the median break could be installed under either scenario. The cost with the left turn is $70,000 and without the left turn is $60,000. The accident records for Whittingham and Tain Drives were reviewed and no particular pattern was observed to indicate a concern for traffic safety. The Engineering Department looked at the potential of permitting the median breaks in an estimated 35 similar situations within the City. Staff has also contacted the Muirfield Board of Trustees, and although they tabled specific action on the request, they indicated they do not support the median break. The Washington Township Fire Department conducted trial runs at this location, and everything appeared to run smoothly except that the ladder truck had to back up when making the U-turn. Chief Bostic also noted that driving north on the southbound lanes would not be an option during the week of the Memorial Tournament. Staff recommends disapproval of the median break request. GeorgLe Burris, 6016 Kentigern Court S., stated that at the June 25th Council meeting, he presented the request of the Kentigern Place residents. The staff report submitted for the July 23`d meeting presented their clarification on several points. His letter of July 21 to the City Manager provides his responses to the various staff reports. He stated that the current conditions on Muirfield Drive and Whittingham Drive are very different than in 1988 and 1992, the time of the original zoning requests. First, it was to be an office complex, then it was an office complex with housing, and finally it was zoned for single- . family residences. Although an engineering study was suggested in 1988, none has ever been performed. In the absence of an engineering study, the Planning Commission followed an earlier City Engineer's recommendation against a median cut, making the new subdivision entrance/exit "right in/right out". He added that Chief Bostic's study supports the Kentigern Court residents' position. On the test run, the ladder truck did have to come to a stop and back up in order to complete the turn. Chief Bostic also recommends not using the southbound lane of Muirfield for emergency runs. He also pointed out that during Memorial Tournament week when the road is restricted to one lane, any emergency runs would be seriously hindered. Regarding the Muirfield Association Board of Directors' position: no action was taken, although some of the members understood the concern. They tabled action in deference to City Council's decision. It is the Kentigern residents' position that Council should consider: (1) how the zoning statements concerning traffic control were included on the drawings and plat documents; (2) the greatly increased traffic flow since 1988; (3) the new home density north of Glick Road since 1988; (4) the unsatisfactory Whittingham Drive intersection; and (5) direction to Planning and Zoning Commission to remove the statements to better suit the situation of traffic and homes which now exist. The police reports indicate that no serious accidents have occurred at this site. However, there are no records of "near misses" in police reports. Council requested that the Engineering Department consider other similar situations in the City. The only specific intersection listed was Gullane Court, and it has neither the safety or the density issue of Kentigern. Other streets listed were Franz Road, Emerald Parkway. Woerner-Temple Road, S.R. 161 between Sawmill and Riverside Drive, Tuttle Crossing and Avery Road. Mr. Burris noted that he drove through all those areas as recently as this morning to see if he had missed any other similar situations. He was able to observe that the Engineering Department has done an excellent job in having appropriate median cuts for all of the side streets intersecting the main streets, and he noted that several median cuts even exist at streets to serve intersections that do not yet exist. The Muirfield Country Club supports the Kentigern Place residents' position. They polled a few residents on Whittingham Drive, and all the residents polled support their position. T - , _ _ _ I T_ I T i i; ~ ~ ~r RECORD OF PROCEEDINGS .,n.,.~.~~.~..u_..._~.._...,..e.~~...ww~_Miz~te o~ ...v,~,H..Me~~D~bl~:n City Cau~cil Page ~.2~.__.,w~~~M~~tai~g..~.~~.,e..~....~,~ Held August 13, 2001 (YEAR) Richard Riley, M.D., 8417 Greenside Drive, Kentigern Place, stated that he is a former professor of surgery and trauma and director of emergency services. His concern is the safety issue. He is new to the community, having recently taken a position at Grant Riverside Hospital. In this year, he has noted that it is very difficult for motorists approaching his street. The turns are often missed. Slowing down for the turn at Whittingham Drive is a potential hazard, because motorists are accelerating at that point. He is even more concerned about the senior citizens. in Kentigern Place should there arise a need for emergency assistance. A couple of minutes of delay can be life threatening. Ronald Dunn, Greenside Drive, Kentigern Place, stated that he has personally worked on emergency vehicles for the Columbus Police Department. The two prirrnary responsibilities of the drivers are to make certain the equipment is in excellent working order and know their district well. The particular area in question is very difficult to find. With 13 years on the Columbus Police Department, experience tells him that this is an area waiting for an accident to happen. It would help to have a visible and accessible entrance to their subdivision. Joe Martone, 6032 Kentigern Court S., stated that he has resided in the subdivision only one year. His parents are 79 years old, and he is very concerned about having them come to visit. They do not like to make a turn. like this; they have never had to make a U-turn before. Slowing down to make a U-turn when traffic is speeding to pass is a safety hazard. He has told his parents and other visitors to take the long way around --that to get to Kentigern, go up U.S. 33 to Glick Road and then turn south on Memorial Drive. This is an unsafe situation, and Council needs to rectify it before an accident occurs. Mayor Kranstuber closed public comments. He stated that after two meetings on the issue, Council should take action to grant or deny the request. Mr. Smith stated that if Council desires to grant the request, the Law Director's office will facilitate that desire. It is Council's discretion to approve, reject or do nothing. Mr. McCash inquired about the Law Director's previous opinion that because the plat notes that there is no full service access, there is potential liability for the City, should they grant the request. Mr. Smith stated that the plat would need to betaken through probate court for a plat change. But no judge can direct the City to install a median cut; that is Council's policy decision. He stated that if this Council's desire, there is a way to handle it and maintain the City's immunity: Mr. McCash stated that staff has not provided any evidence that there is a greater safety concern at this location than other similar sites. Mrs. Boring inquired if U-turns are illegal within the City. Mayor Kranstuber stated that they are prohibited statewide unless otherwise marked. Mrs. Boring inquired if there is a sign at that location indicating that the U-turn is permissible. Mr. Kindra stated that there is no sign prohibiting it; therefore, a U-turn is allowed. Mrs. Boring stated that she is aware of a case in which a motorist made a U-turn where there was no sign prohibiting it, and they were cited. Mr. McCash inquired if it is actually a left turn. Mr. Burns stated that this is an anomaly in the City of Dublin. In comparison to other areas of the City, their neighborhood is not being treated as the rest of Dublin's citizens. The current zoning code tries to assure an entrance and exit to all subdivisions. Mr. Burris stated that he traveled the City -Frantz Road, Woerner-Temple, Avery Road, and there is no other area in the City in which the motorist has to go north and make a U-turn to go south to gain entrance to a street. In other areas, there is a fifth lane turn lane and no concrete barrier. The City has done a great job in the design of the new roads, providing the residents reasonable access. Their neighborhood is denied this because of an earlier City decision for a much less developed area. _ _ ~ i i~ I ~ ' i r, 'i J RECORD OF PROCEEDINGS ~~abl~-~ity~~~~~~~e~~~~,..~,..,~.~...~~__~..._...,~..,~o.~.Fa e~.~3~.~,~..a~. Me~Si~. m,,,.r_,,.,,.,...~.m...,_.~.~_.~..,~.m............Mina~s~,~l',.~ ...............~~..._v_..~,,..,~.M~.,~,.~,.m.~,~..~~..~w.~._v„_~.v„_._........w..~ . g g..m.,.,.w.m~m...,.__ Held August 13, 2001 (YEAR) Mrs. Boring asked for clarification regarding the legal opinion. When the City has made other changes in roadways, for instance in the southwest area, it was not necessary to amend plats. Mr. Smith responded that in that instance, there were no neighborhoods with plat restrictions. He added that, nevertheless, his office could find a legal method for making the change. The other considerations are a matter of policy. Mrs. Boring stated that from her review of the early records, she was unable to determine the reason for the restriction. The City obviously did not anticipate the growth which has occurred to the north. Mr. Smith stated that the older records are incomplete; however, he believes that the original expectation was it would not be a residential area.. Mrs. Boring stated that she has driven along that area of Memorial Drive. To access the subdivision, the City's solution, to date, is to recommend illegal U-turns., Not only was she was unable to find justification for the original restriction, but she is also unable to find any justification for continuing such a restriction now. She has received no dissenting comment from citizens. She questioned staff's reasoning for their recommendation. Mr. Ciarochi stated that it is in consideration of the history of the development. The median was already in place when the subdivision was constructed. Mr. Burris has made a good argument. However, the City Engineer at the time the restriction was made actually recommended that the median cut not be constructed. At that time, the property was zoned commercial. When the current subdivision was proposed, the staff report noted that the City Engineer still felt there should not be a median cut, and because no cut was proposed, the subdivision was approved without one. Approving a median cut now constitute retrofitting. There is also a concern that if the request were to be approved, the City could set a precedent for similar situations. Mrs. Boring stated that the reference that the City Engineer "felt" that there should still not be a median cut when this subdivision was proposed does not seem appropriate justification to her. Mr. Ciarochi stated that the Engineer took into consideration the function of afour-way highway, which is designed to move traffic. Mrs. Boring responded that this lends additional support to the subdivision's argument. The City should not encourage a ladder truck to make a U-turn in the middle of the highway. Mr. McCash stated that if this curb cut had been constructed with the subdivision development, the developer would have paid the cost. Will the residents pay the cost now? Mrs. Boring stated that the City has not charged residents in the past for retrofitting. Mr. Hansley stated that the proposal assumes that the City will pay the $70,000. Mayor Kranstuber stated that the cost is not significant. His concern is with maintaining the excellent relationship with the Muirfield Association. Care must be i:aken to be consistent with the history of that development and to be sensitive to their desires. If the Association has chosen not to endorse this request, it would seem presumptuous of the City to approve the retrofitting. Mr. Hansley stated that the Association did not disapprove the request; they were in fact neutral. Mayor Kranstuber responded that the Association's minutes reflect some negative comments. The Muirfield Association Board represents all the residents from the perspective of the greater good of Muirfield Village. If they have not requested the median cut, City Council should not make a substitute judgment. Ms. Chinnici-Zuercher agreed, noting that the Muirfield Association generally takes a position one way or the other and then presents that to Council. Their absence tonight appears significant. Mr. Reiner stated that the Board does not take. a position of supporting the median cut at this time. Their position is that this is a warranty deed issue, and homebuyers were aware of the restriction at the time they purchased their homes. He noted that the Muirfield Association would likely support a traffic study in five years. As the traffic increases to the north from Tartan Fields, that will warrant further consideration. However, the letter from Mr. Holbrook does not express support for a median cut at this time. 7 . , _ ¢ _ RECORD OF PROCEEDINGS ....w,~~..,~...~~~w..~o.~.n~,.......,~, ~inut~seH, ..,.m~v~~v,~~..~..~.mw...~,~..~.,.w..m,.,~w.m~_~.m.~_~. Dub1~~C.ity ~oaan~il~HV.~~~.,~~_.~tia~..~w~.~v.~~....~~.~.o,-~a~age ~~,~N~~~mH..czng~.,~.._.~._m.~.y Held August 13, 2001 (YEAR) Mr. Burris stated that he attended the 1Vluirfield Association Board meeting at which this was discussed. Two of the board members indicated that they would give their support to this request, but delayed doing so, based on Mr. Fishman's direction. Mr. Fishman had indicated that because of the potential legal liability, it would be advisable to table action at that meeting. The Board then invited Mr. Burris t® attend their next meeting to discuss m his research on this matter. However, their meeting was rescheduled to an earlier date, and he was not notified. Because he missed that meeting, he then came directly to Council. He believes that he has presented a strong case for their request. Granting the request would not hurt the aesthetics of the area, but would improve the safety in that area. Mr. Reiner stated that he has served on the Muirfield Board since its inception, and if the consensus were to support the idea, they would have done so. Mayor Kranstuber closed Council discussion in interest of the remaining lengthy agenda. Mr. McCash moved that, based upon the 1988 City Engineer's and the present City Engineer's recommendations against a median cut at this location, City Council disapprove the request for a median cut at this location at this time. Mayor Kranstuber seconded the motion. Vote on the motion: Mr. Adamek, yes; Mr. Peterson, yes; Ms. Chinnici-Zuercher, yes; Mrs. Boring, no; Mr. Reiner, yes; Mr. McCash, yes; Mayor Kranstuber, yes. Mayor Kranstuber stated that although the request is denied at this time, should factors change in the future, such as traffic and/or the support of the Muirfield Association Board of Trustees, this request can be revisited. Recommendations from Parks & Recreation Advisory Commission re Senior Parking at Community Recreation Center and Parking Lot Safety Mr. McDaniel stated that the report before Council is a result of the review of the senior parking issue in conjunction with a study of safety concerns related to traffic flow on the north side of the Recreation Center. The result of that is the recommendation of PRAC to install two speed humps and also a raised crosswalk where the new bikepath crosses the parking lot on the west side. Keith Blosser, 7587 Tullymore Drive, Chair of the Parks and Recreation Advisory Commission (PRAC) addressed Council. He stated that the Recreation Center is such a success that some parking lot safety issues have arisen. As a result of the Commission's study of those concerns, they support the safety recommendations presented by staff tonight. He noted that Michael Stovsky, also present tonight, served as Chair of PRAC at the time this study began. Mayor Kranstuber inquired about the cost of the project. Mr. McDaniel stated that the total cost would be $8,000 for the raised crosswalk and two speed humps. The intention is to include this in this year's street maintenance program. Ms. Chinnici-Zuercher noted the Commission did extensive work on the issue, and the minutes were helpful. She noticed that the scope of the discussion was narrowed and inquired if the original issue brought forward by Ms. Fisher about designated senior parking has been deleted from the discussion. Michael Stovsky, 4837 Carri an Ride Drive, PRAC, stated that the Commission agreed with City staff that the senior parking signage should remain as it is. The more critical issue is related to safety. Ms. Chinnici-Zuercher moved to approve the Commission's recommendation for the raised crosswalk and two speed humps. Mrs. Boring seconded the motion. Vote on the motion: Mr. Reiner, yes; Mr. McCash, yes; Mrs. Boring, yes; Ms. Chinnici- Zuercher, yes; Mr. Peterson, yes; Mr. Adamek, yes; Mayor Kranstuber, yes. Mr. McDaniel thanked Mr. Kindra and his staff for helping with the design. - RECORD OF PROCEEDINGS ..._.,.~,~Maz~t~~. Daah~~n .~iiy ,~~~1 o,,.w~A~~o~.~.~~We..~,~~w..~,~~..4.M,~...~~~P >~~o..~~~;~ Mta~c~ w4.Pav..~.....~.~~a~~...~...~v~~ ~.o~,~-.~~,Ab~,.~~~~ Page, g,~,_b~.~,.~~..M._~, Held August 13, 2001 (YEAR) Safety Concerns re Bikepath Expansion along Dublin Road at Memorial Drive from the Parks & Recreation Advisory Commission Mr. Stovsky stated that a memo has been provided to Council with the history and background on the issue. Their goal is to work with staff on the strategic plan for the ~-`-"f City's bikepath. In doing so, if the Commission observes. an opportunity for improvement, they bring them to staff's attention. In reviewing this year's bikepath plans fvr Dublin Road, they observed an area where there was an omission and spoke to staff concerning this. Their request is that an additional path be placed to allow surface level access to the tunnel that is being constructed. onto Memorial Drive. There is existing resident traffic across there, and with the community park that will be constructed in Amberleigh, there is the potential for significant pedestrian and bicycle traffic. PRAC unanimously supports this addition, and they are willing to work with the City Engineer's office to assure that it is a prioritized item. They would like to work with staff on establishing a reasonable timeframe. Mr. McDaniel responded that he has suggested to Mr. Stovsky that this be considered in conjunction with the bikepath connectivity issues that the Commission will review for Council. This request will involve significant grade issues that make the connection difficult. It deserves more in-depth review. Mr. Kindra stated that the bikepath on Dublin Road is planned on the east side, not the west. At some point in the future, should the City determine to add the bikepath to the west side, that connection could be included. Presently, there is no bikepath on Memorial Drive, so this connection would go nowhere. Mr. Stovksy stated that bikers using the Muirfield bikepath who turn down Memorial Drive, would like the connection under Memorial Drive to connect to the bikepath on Dublin Road. Mr. Adamek moved to direct staff to provide a detailed analysis of what would be involved in making this connection. He noted that Council.. does not have enough information to make an informed decision. tonight. Ms. Chinnici-Zuercher seconded the motion and requested that the report be provided in two weeks. Vote on the motion: Mrs. Boring, yes; Mr. Reiner, yes; Ms. Chinnici-Zuercher, yes; Mayor Kranstuber, yes; Mr. Adamek, yes; Mr. McCash, yes; Mr. Peterson, yes. Recommendation of PRAC re bikepath assignment from Council Mr. Blosser stated that the bikepath expansion will be studied in greater detail and a report will be forthcoming. Mr. Adamek noted that there are several older tunnels, including those under Muirfield Drive, which in many respects are not up to today's standards. He requested that the Commission identify which of those need additional lighting similar to that installed in more recent ones. This is a safety issue. Revised Prelimina_rv Plat -Park Place Mr. Gundennan stated this is a revision of a previously approved plat. The memo provided in Council packets provides relevant information. The significant change in the plat is not in the lot configuration but in the layout of open area. It was previously wooded, but now contains water area. Mr. Adamek moved to approved the revised preliminary plat for Park Place. Mr. Peterson seconded the motion. Vote on the motion: Ms. Chinnici-Zuercher, yes; Mr. McCash, yes; Mr. Peterson, yes; Mr. Adamek, yes. [Other Council members were temporarily absent from the room]. Final Plat - Ballantrae Section 2 Part 4 Mr. Gunderman stated the memo provided in Council packets provides relevant information on the plats. Ms. Chinnici-Zuercher stated that the memo. indicated that the Planning and Zoning Commission would review this plat last week. She inquired about that meeting. - .~._.._..__m~ ~ i ~ p RECORD OF PROCEEDINGS ..~,_..~~~ro4...~.~.w.m~N,wH..~~.,_a..~~...M~~ ~ .a~.,w.~.~.~~~..,~.,.~w...,.,,_wavm~4...~A,~o.~.~~m~w_~~.~~~,._ gwN~~.~..~~,~.m .~~hl~~m~~~~._~a~~-i~~~w.,..~.~~..,~.__~._~.,M~rw.__...mw.~~.~...w.~.Pa.ge 16..~.,..~..m...Me~~n Held August 13, 2001 (YEAR) Mr. Combs stated that this is the section slated for the "Parade of Homes." It was approved by the Planning Commission with a total of nine conditions. Mr. Gunderman pointed out that the Planning Commission approved all the final plats within the last two meetings. Ms. Chinnici-Zuercher inquired which sections relate to Mr. Proegler's letter. Mr. Combs stated that the letter refers more closely to Section 2, Part 5, but many of the concerns were about the Ballantrae development in general. The letter from Ms. Rurik- Goodwin on Mr. Edwards' behalf was a response to the Proeglers' concerns. Mr. Adamek moved to approve Ballantrae Section 2, Part 4. Mayor Kranstuber seconded the motion Vote on the motion: Mr. McCash, yes; Mayor Kranstuber, yes; Mr. Adamek, yes; Mr. Peterson, yes; Mr. Reiner, yes; Ms. Chinnici-Zuercher, yes. Final Plat -Ballantrae Section 1 Part 1 Mr. Combs stated that there were several conditions for approval, all of which the applicant has addressed. Mayor Kranstuber moved to approve the final plat for Ballantrae, Section 1, Part 1. Mr. Adamek seconded the motion. Vote on the motion: Mr. Reiner, yes; Mr. Adamek, yes; Ms. Chinnici-Zuercher, yes; Mr. Peterson, yes; Mayor Kranstuber, yes; Mr. McCash, yes. Final Plat -Ballantrae Section 2 Part 2 Mayor Kranstuber moved to approve the final plat for Ballantrae, Section 2, Part 2. Mr. Adamek seconded the motion. Vote on the motion: Ms. Chinnici-Zuercher, yes; Mr. Reiner, yes; Mr. Adamek, yes; Mr. McCash, yes; Mr. Peterson, yes; Mayor Kranstuber, yes. Final Plat -Ballantrae Section 2 Part 3 Mayor Kranstuber moved to approve the final plat for Ballantrae, Section 2, Part 3. Mr. Adamek seconded the motion. Vote on the motion: Mr. McCash, yes; Mayor Kranstuber, yes; Mr. Peterson, yes; Mr. Reiner, yes; Mr. Adamek, yes; Ms. Chinnici-Zuercher, yes. Final Plat -Ballantrae Section 2 Part 5 Kurt Proegler, 6817 Woerner-Temple Road, stated that this section adjoins his property. On this plat, three items were done differently than the zoning text, which are all positive additions: a 20-foot no-disturb zone, a treatment of utility boxes to allow them to be located somewhere other than straight across the rear of the property; and a clarification in the no-disturb text. Mayor Kranstuber moved to approve the final plat for Ballantrae, Section 2, Part 5. Mr. Adamek seconded the motion. Vote on the motion: Mr. McCash, yes; Mr. Adamek, yes; Mr. Peterson, yes; Mayor Kranstuber, yes; Ms. Chinnici-Zuercher, yes; Mr. Reiner, yes. Tree Waiver Request: Blazer Professional Campus, 5418, 5152 and 5156 Paul G. Blazer Memorial Parkway Mr. Gunderman stated this recommendation is a deviation from the normal policies that apply to tree replacement. This is a difficult site, and the staff has worked closely with the a applicant and considers the proposal appropriate. Ms. Chinnici-Zuercher inquired if this waiver is consistent with the City's tree waiver policy. Mrs. Boring stated that it is a waiver of the waiver. More specifically, there is a policy; staff developed a waiver out of necessity; but this waives the requirements of the waiver. Ms. Chinnici-Zuercher inquired about the basis for this. Mr. Gunderman responded that the site is all wooded. The details of the waiver policy are hard to abide by with such a site. The applicant has retained one end of the property as woods, and has done so to obtain the results proposed on the other end of the tract. Unlike some of the adjacent property owners who essentially straightened out the channel, the applicant was also able to maintain the natural course of the stream running through the _ ~ i I -T1-~ ~ ~ i RECORD OF' PROCEEDINGS ~Mi~a~~ ~~~.~,~.~~.~~~...~.~rv.~w..,....~.~~4..~_..~ti..~ro...~~..~.~._~~w...~~~~~..~~t~~~~~~.~ ~ww._~.~~.~a.~~.~H.Ma.~v.~~.~ro.~~.,~..~age_~ ~o.~....~.~..M~~~t~~; v~.~.,~,.,_~..~..~_~._..wN,.vµ....~w„~.~ g ,d.~.~~.,~.~w Held August 13, 2001 . (YEAR) property. Because of the close cooperation and an attempt to retain the natural features of the property, staff believes the applicant has made an excellent effort of trying to work within the Code. Mr. McCash stated that he believed the waiver was developed to address the situation of a heavily wooded site. He suggested that this still has not been addressed fairly, either from the perspective of species specific or how it's computed under the base tree preservation ordinance. Mr. Gunderman agreed. He stated that he does not know the details or logic used in constructing this ordinance, however he has dealt with the issue in other cities. It is especially difficult with a heavily wooded site. He has not yet seen a satisfactory resolution for tree preservation. Mayor Kranstuber inquired about the factors that led staff to its conclusion. Mr. Gunderman stated that the staff had a good understanding of the site and the necessary trade-off; they considered this a reasonable proposal. Mrs. Boring stated that she was not a strong proponent of this policy from the beginning. However, the argument that persuaded her was that in heavily wooded areas, the policy would make a difference. Now that the City is waiving those requirements, that argument disappears. Mayor Kranstuber stated that the intent of the policy was to preserve trees for ecological reasons by prohibiting development that would destroy trees. He is concerned that Council is defeating its purpose with waivers granted on the basis of hardship to the developer. Mr. Hansley stated that the intent of the policy was at a minimum to facilitate negotiation of a plan between the developer and the City to preserve some trees; compromise was expected. Mayor Kranstuber agreed that at least one section of the site has been maintained as woods. Ms. Grigsby stated that the three requirements for the request for a waiver were: (1) the applicant must meet all the requirements of the Code; (2) the applicant must work with staff to develop the best plan to save as many trees as possible; (3) the calculation would be done based upon the new formula identifying a tree for tree, inch for inch, for trees other than landmark trees. That is what this fee of $6,800.00 was based upon. However, the applicant still has the opportunity to request a waiver of that fee. Samuel Smilev, D.D.S. 5118 Blazer Memorial Parkway, stated that he has lived and worked in Dublin for sixteen years. He is past president of the Chamber of Commerce and has served on PRAC. He is familiar and sympathetic with City Council's issues. The site under question has remained undeveloped because no one wanted to address the dilemma of the trees. He wants to build his office in the trees. It will be a building of windows, allowing his patients to feel that. they are in the midst of nature. It is his intent to keep as many of the trees as possible. There are three buildings on the site, however, because if sufficient square footage is not developed on the site, it is not financially feasible. Most Dublin sites are already owned by the developers in the area, and any sites remaining present challenges. He left a significant portion of the lot wooded, 2.5 acres, which he plans to donate to the City as parkland to connect to the Metropark area. The area next to Pinney Lane maybe developed as a corporate park area. He noted that this is a commercial site. k Mr. Adamek inquired what amount of green space dedication is required of a commercial site. Mr. Gunderman responded that none would be required of a commercial site, although there would be if it were a Planned UnitDevelopment. Mr. Adamek stated that the amount would not be nearly as much as the 40 percent suggested here. The intent of the policy is to save as many trees as possible and ensure that the developer is very sensitive to how the site is developed. This development meets the City's intent extremely well and exceeds it. Mr. Adamek moved to approve the waiver request. Mr. Peterson seconded the motion. ~ L ~ i ~ ~ :C' "'nl r ,r ~ RECORD OF PROCEEDINGS Mi~a~t~s.~f..~....v..~..~_~..a.M.~..~~~µv.~..~w~a~.~v.,~,~r,~~.o~~..~„~ ~~aD~ala~i~ ~i. e~~.w.~ti~..,.w.ww.,u,.,,~..~~,.~..~~.,~.~,w ~z..,CQaanoa~L.,.~~~,.~.,~4_~,.,M.w,~v„m..,.w_~...~~,.a„-.. P.ag~~1,~~~..w~~,.,~~ti~g~-,.~~,.~e~,~~. Held August 13, 2001 (YEAR) Vote on the motion: Mr. Peterson, yes; Mr. McCash, yes; Mrs. Boring, yes; Ms. Chinnici- Zuercher, yes; Mr. Reiner, yes; Mayor Kranstuber, yes; Mr. Adarnek, yes. Request from Kurt Proe~ler for waiver of sidewalk requirement on the west side of Eiterman Road, south of Woerner-Temple Kurt Proegler, 6817 Woerner Temple, stated he appreciates Council's guidance and staff's cooperation. He noted that that the sidewalk was waived for the next_residential .area to the north. Discussion has not occurred. on the impact of not having a sidewalk there. City staff has inquired as to his reluctance to grant an easement at this time. There are three priorities to him -privacy, land and trees. They have talked to the City engineering and landscape experts. The engineers are more confident and the landscape people are less confident that they can work delicately with the space that remains. The Proeglers could give up more land and then discover that most of the trees are gone anyway. They would have gained nothing. He suggested that if the City is not willing to grant a permanent sidewalk waiver, that the City consider approving a minimum of a three-year waiver or until the development of Subarea D or K occurs, if that should occur earlier. Mr. Ciarochi stated that staff has been working closely with Mr. Proegler. The design called for the waterlines to be constructed through those trees. The plans have been amended to run the waterlines on the other side of the street and cross back in to Subarea D on the south. Staff does not recommend a permanent waiver. There is a viable option on the land; however, if that option is not possible from the Proeglers' perspective, staff would recommend up to a three-year waiver, unless Subareas D or K are developed sooner. Mr. McCash inquired if the sidewalk would in fact provide access to more than Subareas D and K, down to Subarea F. Mr. Ciarochi confirmed that it would, but staff's concern is with Subarea D as this sidewalk would be the only pedestrian link to the south or to cross the street to the bikepath. Subarea F is the Proeglers' property. Mrs. Boring inquired about the justification for athree-year waiver. Mr. Ciarochi stated that it is because the Proeglers are not willing to grant an easement at this time -their preference is to see how the fencerow grows in over the next few years. Mr. McCash inquired how cutting the mature trees down now or installing the sidewalk on a modified easement would change the buffering between his house or the right-of--way line. Mr. Ciarochi stated that it provides a method to keep the mature trees in the right-of--way and an alternative way to "bench it in." He noted that discussion occurred regarding the use of alternative surfaces, such as a boardwalk. Mrs. Boring moved to direct staff to defer the sidewalk construction for up to three years or until the Subareas D or K are developed, whichever comes first. A determination would be made at the time of construction to either relocate the sidewalk onto an easement provided by the Proeglers, or to cut the trees down and build the sidewalk as designed. Mayor Kranstuber seconded the motion. Mr. McCash suggested modifying the motion to Subarea F, because that area will be more affected by not having direct access. Mrs. Baring disagreed. Mr. McCash stated that he cannot support the waiver without that amendment. Vote on the motion: Mr. Peterson, yes; Ms. Chinnic-Zuercher, no; Mrs. Boring, yes; Mr. Reiner, no; Mayor Kranstuber, yes; Mr. Adamek, yes; Mr. McCash, no. Fiber Optics Joint Installation Project Mr. McDaniel stated that this project with a local company, Ca-Botics, would enable the City to extend its fiberoptics installation institutional fiber from DubLink at Emerald Parkway and Dublin Road to the Hard Road area. It would connect the Washington Township fire station and police substation and eventually the Dublin Scioto High School. There is funding in the budget to allow the project. He requested Council's approval of a Memorandum of Agreement with Ca-Botics. i ~ ~ i i; i "ice." _ ~ i, r , RECORD OF PROCEEDINGS ~wMa.~,a~f~,~_~~.....~.~.,....~~...r..,~w...~_._~....._.r...,~,._~µw.~.w..,~w.m_.m_~..Mw~_M~,.~,_,__.fJzab~in. ~iz~..~ow~c~l,......,,,..w...w.,..M~,....,.._~.~w,.....,._,~..w,..._.M_~~...P~age ~9 ,~._w._w,.,.M~~ta.~, ~~..~.~,...~~~..,w..~.w.,~..~..~_~., g~ 4.~n.~.e.,~.Hw~. Held August 13, 2001 (YEAR) Mr. Adamek inquired why the project would be limited to that section of the City and not the other high schools. Mr. McDaniel responded that the City retained ownership of one conduit throughout DubLink, a value of $700,000. Part of the City's technology budget will allow the transfer of connectivity among City facilities into fiberoptics. This allows the opportunity to extend the connectivity to Hard Road. Ca-Botics is ready to make their first deployment in the United States. They have done this in Europe, Japan and extensively in Canada. The proposal is to leverage up to $30,000 and some City staff time in exchange for $75,000 worth of material, equipment and labor. It will enable the City to extend its institutional network to that area. It could also link back to City Hall and to Dublin Coffman High School and the School Administration Building, if they are interested in that connection. Both the township and the schools have expressed interest, but to date, have not committed funding. Mr. Adamek stated that this gives the City the ability to connect to other services with the existing DubLink for a minimal investment. Mr. McDaniel stated that it also provides the opportunity to try out this technology which involves the use of existing sanitary stormsevvers as a method of avoiding trenching and digging up of neighborhoods. Mr. Hansley stated that if this experiment works, the City would benefit with the potential to hook into DubLink without trenching. Mr. McCash inquired about the maintenance of this type of conduit. Mr. McDaniel stated that it is not a pipe within a pipe. It runs along and is anchored at the top of the stormsewer. It is designed with a coating that allows it to exist in that type of environment. In other countries, they have been deployed through the sanitary sewer system. There are other cities on the verge of deploying, but Dublin will be the first to do so. The memorandum of agreement will address maintenance of the conduit. Mr. Adamek. moved to direct staff to begin working on a Memorandum of Agreement with Ca-Botics for the installation of the fiberoptics project. Mr. Peterson seconded the motion. Vote on the motion: Mrs. Boring, yes; Mr. McCash, yes; Ms. Chinnici-7uercher, yes; Mr. Reiner, yes; Mayor Kranstuber, yes; Mr. Peterson, yes. Mr. McDaniel inquired if the intent is that the draft contract be returned to Council for approval before it is executed. Council consensus was that the draft contract be brought to Council for approval before execution. Eagle Scout Disc Golf Project Mr. Hahn stated that the proposal is to install anine-hole disc golf course on a residual parcel of land from the Woerner-Temple extension project. Eagle Scout Shaun Fila has submitted this as his Eagle Scout project. Staff recommends approval. Ms. Chinnici-Zuercher asked if it would involve staff time to assist with the project and for long-term maintenance of the project. Mr. Hahn stated that the Scout requirement is to handle the installation. The City will not assist. The City had already planned to utilize reforestation funds for this particular field. This project will involve planting the trees in a different manner. It requires no grading, but would involve framing the fairways with landscape. The requirement in staff time would be 15 to 20 hours of overall supervision. The City maintains the area now and will continue to do so. Mr. Reiner stated that this is the first frisbee golf course in the City and will be a nice amenity. Mrs. Boring encouraged Mr. Fila to pursue other means of financing, such as the Dublin Women's Club or Dublin Fund, both of which support Eagle Scout projects. Mr. Adamek inquired if there were other proposals for this site, or were any other commitments made to the Homeowner's Association. Mr. Hahn stated that this is not a neighborhood park. The sole reason the City purchased the land was because Woerner Temple bisected it and made the residual unusable. It will actually complement the anticipated Balgriffin Park, immediately across Norn Street. The - RECORD OF PROCEEDINGS .~._..~.w..~~~.~~.~,....~..n.w...~~ ~,.v. Mi~,ute ~o~ ....~T~..~.w...m....-~.,u..,,.,.~_.~v.,..~~..aw....~~~.~v...~o.~_....~~.m~~b~~~C~tymC.~u~c.~L~omA,~u~A..v..~.~...,uA.~,..~:~.~,~.A..~__..~.m.~agero.2.~,..~.....,.~ ~~~ti~ag~.~...~..aw~.~.. Held August 13, 2001 (YEAR) i southern border of this parcel is framed by mounding and a mature tree row, so it will be unobtrusive to the neighborhood. Mayor Kranstuber moved to approve the Eagle Scout project. Mr. Reiner seconded the motion. Vote on the motion: Mr. Peterson, yes; Mr. Adamek, yes; Mr. Reiner, yes; Mayor Kranstuber, yes; Ms. Chinnici-Zuercher, yes; Mr. McCash, yes; Mrs. Boring, yes. Council Round Table/Committee Reports Mrs. Boring: 1. Asked about a completion date for the. Summitview paving. Mr. Kindra stated that the installation of the overlay began today and would be completed the following day. 2. Asked if the City Engineering's award for the bridge project would be a local award or presented at another site. Mr. Kindra stated it would be done locally. Ms. Chinnici-Zuercher: 1. Stated that she represents Council on the COTA Transit Legacy Committee. At their last meeting they discussed whether Planning staff members take COTA's needs into consideration in development planning. She suggested that the Committee schedule meetings twice a year with the planning staffs of the various entities across Franklin County. She also recommended that the Committee assume an advocacy role in their approach. However, she would suggest that the Dublin Planning staff be .cognizant of COTA-related issues as appropriate. 2. Referred to an earlier Council meeting at which MORPC representative, Bob Lawler, requested the City's participation of $30,000 for a corridor study. He has contacted her to request if MORPC has subsequently addressed Council's concerns expressed at that meeting and if the City would reconsider participation. Although she agreed to bring this inquiry to Council tonight, she also told him that she did not believe there was Council support for participation at the $30,000 level. Her recollection of that discussion was that Council had indicated the potential of participation at a lower level after the other entities had committed to participation. Mr. Lawler indicated that MORPC Director Bill Habig plans to attend an upcoming Council meeting to make this request to Council. Mr. McCash thanked staff for their response to his letters requesting additional information. Added that he has two additional concerns regarding the golf course development: 1. Delay of discussion of the site issues until the building permit review is completed. Does the site layout come to Council for review? Mrs. Boring responded that would not be necessary, if the applicant complies with the conditions imposed by the Planning Commission. However, there is an indication that the applicant will not agree to the conditions and an appeal will be brought to Council. Mr. Ciaroch stated that the Tartan Go1~ Company has indicated they will file an appeal regarding the modified condition that the Planning and Zoning Commission placed on the service access drive. 2. The disparity of the layouts in the women's and men's locker rooms in the golf clubhouse. No showers or lounges are included in the women's locker room. The discussion has been that this is a public golf course and will be used by the boys and girls high school teams. Mr. Stevens responded that this has been addressed with the Tartan Golf Club. They subsequently amended the plan to include a women's shower. Mr. Adamek: 1. Asked who from Council plans to attend the reception on Thursday, August 16th, for Pat Schmucki, who is retiring from the Dublin Convention and Visitors Bureau. Ms. Chinnici-Zuercher, Mrs. Boring and Mayor Kranstuber plan to attend. 2. Reminded Council of the CIP budget hearings on Monday, August 20th and ~ ! ! ~ ~ r _ _ s RECORD OF PROCEEDINGS w.....A.~,.,~..,~.e.~.~~.~~„~.,,__...~.m..~~aac~uxe.~,~ ew.~o..,..~a..~oa..a....~..~...~oa-,.~..,a~,.~,A..ro~..~.-e~.~~~.~,oaA~.~aah~,i~,A.~Z.C~ua~c 4_ro~ra..aw.~~m.~...,~..a,~,.~oa~a_ao..eA~,~P,agc..2.L~..~,~w4ma4Me~ga~.a_..,.~..aa..aao,. Held August 13, 2001 (YEAR) Wednesday, August 22. 3. Thanked Ms. Grigsby for the follow-up memo on the Irish Festival. He and his family enjoyed the event, and the responses he heard from the residents were all favorable. He offered Council kudos to City staff for a job very well done. 4. Referred to the memo from Ms. Clarke regarding the zoning code amendment for parking in residential districts. He suggested deferring discussion and recommendation on that topic until the next meeting, when Ms. Clarke is present. 5. Pointed out that the height of the water from the fountains at the new Avery Road interchange may present a problem during inclement weather. Strong winds blow water from those fountains onto the highway. He inquired if the fountains are adjustable. If so, he asked that staff be cognizant of that need related to the weather conditions. Mr. Kindra indicated that they can be lowered. Mayor Kranstuber reported regarding the third high school committee meetings which he and Mrs. Boring have attended. The discussion regarding a third high school has evolved into an overview of all three high schools. They are studying the possibilities of City/school partnerships. Some of the suggestions have been: 1. Annexation of PinneX Elementary into the City. His response is that is something the City does not want to become involved in; it is Tartan Fields' decision. 2. Zoning_of the property for the third high school. The suggestion is to rezone it R- 1, under which a school is a permitted use, in order to eliminate the lengthy Planning and Zoning process. His recommendation was to undergo the usual rezoning process. He requested Council's input on the following suggestions for joint funding: • The Schools' budget is limited in terms of the number of ballfields they can construct. Since there is adequate space, would the City be interested in building a couple of softball fields? • Amore elaborate baseball/softball facility, which could include restrooms and concessions. • Landscaping/Road to Wow improvements along two long frontages. Would the City be interested in enhancing the landscaping? In the extensive frontage, there are two small areas in which the parking lots would encroach on the 200-ft setback requirement -they are requesting feedback on that possibility. • Northeast Quad Park. Could that be moved up on the schedule to accelerate the tie in with Scioto High School? • Coffinan High School stadium enhancements. • Videotaping outreach, sharing equipment and channel with the high schools. • Teen Center at one of the high school sites, staffed by City volunteers. • Turf improvements to Coffman High School. This would be similar to the prescription turf recently installed by Bexley High School. • Enhancements to the track to make it more durable. Mrs. Boring stated that the architect for. the. third high school has pointed out that the parking and traffic flow will be very constricted at that site. As there is more room at the Coffman High School site, it triggered discussion on enhancing the track to make it more usable. Mr. McCash inquired if the City has not already financially contributed to the repair or maintenance of that field. Mr. Hansley stated that the City partnered in the last turf replacement. J Mayor Kranstuber stated that although all the ideas are reasonable, some are more logical for the City to partner in because of a mutual interest, i.e., a videotaping program, equipment and channel to be shared with the schools. He pointed out that it may make more sense for the City to participate in enhancing Coffinan High School due to its proximity to City facilities. Mr. Adamek requested more time to review the. suggestions before providing feedback. Mayor Kranstuber agreed, stating that his intent is not to involve staff time unless there is consensus from Council on supporting these items. Ms. Chinnici-Zuercher suggested that Council feeback be provided at the August 27`h meeting. T__--__,® R k, . , ~ RECORD OF PROCEEDINGS ~~~...w~~..._v~~~..m4...~.m~~..e~m~...~.PM~i.t~s~~~ ~~~....mw.w_~..~..~w~,~......~~~.,~,...~,~~~~~~~..~.4..,...~..,~.~ Dazb~~n,,Ci~y Coa~nci~,~~.~.,.~~.~~~,~~~~~,~~~~~..~A.m~e..gage.~22~~.~o..M~~~i.~g~..,a...~~~_„~,. Held August 13, 2001 (YEAR) Mr. McCash inquired whether the City could legally expend funds on property owned by a separate entity. Mr. Smith responded that it can be accomplished through a lease arrangement. For instance, the City could approve a lease arrangement for lease of the high school for the r-- Fourth of July; in compensation for use of the facility, the City would fund a portion of the cost of turf replacement or other projects. There are other creative options, which are available to home rule cities. Mrs. Boring: 1. Referred to the memo from the. Law Director comparing the sexually oriented business ordinance recently passed by Columbus with Dublin's legislation. She inquired if Dublin is interested in amending the existing legislation to increase the required distance between sexually oriented business locations. Council consensus was not to pursue any changes at this time. Mayor Kranstuber moved to adjourn to executive session for discussion of personnel, legal and land acquisition matters. Mr. Adamek seconded the motion. Vote on the motion: Ms. Chinnici-Zuercher, yes; Mr. Peterson, yes; Mr. Adamek, yes; Mrs. Boring, yes; Mr. McCash, yes; Mayor Kranstuber, yes; Mr. Reiner, yes. Mayor Kranstuber announced that the meeting would not be reconvened following the executive session. The meeting was adjourned to executive session at 11:20 p.m. -Presiding Officer ~v~-YL-~ ~~~c Clerk of Council _ ~ I t 4. ~ _