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HomeMy WebLinkAbout09/18/2000
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RECORD OF PROCEEDINGS
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Dublin City Council Meeting Page 1
DAYTON LEGAL BLANK INC FORM NO 10148
Held ~p.rt~mhp.r 18, JOOO ,
(YEAR)
Vice Mayor Adamek called the Dublin City Council meeting of September 18, 2000 to
order at 7:00 p.m.
Mr. Peterson led the Pledge of Allegiance.
r Roll Call
I
Council members present were: Vice Mayor Adamek, Mrs. Boring, Ms. Chinnici-
Zuercher, Mr. McCash, Mr. Peterson and Mr. Reiner. Mayor Kranstuber arrived at 7: 10
p.m.
Staff members present were: Ms. Grigsby, Mr. Smith, Mr. Kindra, Ms. Clarke, Chief
Geis, Mr. Husenitza, Ms. Puskarcik, Mr. Hahn, Ms. Susong and Ms. Heal.
Approval of Minutes of Aueust 2. 2000 Special Meetin~
Vice Mayor Adamek moved approval of the minutes as submitted.
Mr. Reiner 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.
Approval of Minutes of September 5. 2000 Meetine
Mrs. Boring noted a correction to a discussion with Mr. Smith, on page 6, in the second
full paragraph. The last sentence should read, "... an amendment requires a simple
majority of those voting."
On page 7, it should state, "Mrs. Boring noted that she has had conversations with Mr.
Gray." The following phrase, "regarding this issue" should be eliminated.
Vice Mayor Adamek moved approval of the minutes as amended.
Mrs. Boring seconded the motion.
-. Vote on the motion - Mr. McCash, yes; Ms. Chinnici-Zuercher, yes; Mr. Adamek, yes;
i
i Mr. Peterson, yes; Mr. Reiner, abstain; Mrs. Boring, yes.
Correspondence
The Clerk reported that a Notice to Legislative Authority was sent by the Division of
Liquor Control in regard to a new C2 permit being issued for a gift basket company
located at 6631 Q Commerce Parkway.
There was no objection to the issuance ofthis permit.
Special Recoenition/Presentations
COT A Presentation
Vice Mayor Adamek noted that Mr. Crockett and Mr. Barnes of the Central Ohio Transit
Authority, Bill Habig ofMORPC, and Margie Amorose, Dublin Chamber of Commerce
Executive Director and COTA Board Member are present this evening. They would like
to address Council regarding traffic congestion in the region.
Margie Amorose introduced Bill Habig ofMORPC who provided information about
MORPC's growth projections for the region and for Dublin in particular, and its impact
on traffic congestion.
Mr. Habig noted that factors affecting traffic congestion are low unemployment, a
booming economy, and development spillover from other counties. Building more roads
is not the solution, in view of the $1 billion projected deficit in funds for highway
~ construction and because of neighborhood, environmental and air quality concerns. A
tool kit of alternatives is being proposed to address these problems, including new
methods of neighborhood development, such as neotraditional design; environmentally
sensitive development, with consideration of natural river areas or environmental
features; intelligent transportation systems to remove obstacles on freeways and
eliminate bottlenecks in traffic; county-wide trails for bicycle, walking and other modes;
and carpooling, van pooling, and staggered work hours to help relieve peaking oftraffic.
Lastly, public transit can be improved. He introduced Ron Barnes, President/CEO of
Central Ohio Transit Authority to address this topic.
Mr. Barnes stated that COTA is currently reviewing their system with a program called,
"Operation Excellence." The goal is to better manage all of their available resources.
COTA is visiting all communities to share this growth data and to discuss the unique
aspects of each community they serve. They are looking at diversifying their services to
tailor them to the needs of each community. Long-term options being considered
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RECORD OF PROCEEDINGS
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Dublin City Council Meeting Page 2
DAYTON LEGAL BLANK INC FORM NO. 10148
Held Sf'rt~mher 18j )000 ,
(YEAR)
include passenger rail service. Seventy-six percent of their survey group indicated they
would support passenger rail as a way to reduce traffic congestion. Although sixty-four
percent responded that they would like more highways, there are drawbacks to building
- more highways, as Mr. Habig has described. Implementing a passenger rail system
i
would take at least 7 to 10 years ifit were begun today. In the meantime, COTA is
developing a tool kit to explore alternatives to address traffic congestion. He described
transit systems developed in other cities such as Portland and St. Louis, and the impact
they have had on traffic congestion. He discussed the rail corridors which would be a
priority for development in the future. He described the intra-neighborhood circulator
services currently being implemented and those in the planning stages. As part of the
2020 Vision, regional transit centers would be developed. He concluded by stating that
COTA's focus for the future is on a regional approach and partnerships to address the
traffic congestion problems.
In response to Vice Mayor Adamek's question regarding what is needed from Dublin,
Mr. Barnes asked that in future planning efforts, Dublin take into consideration the
transportation infrastructure needs of the community. COTA would also be interested in
sharing their long-term plan with Dublin officials and learning of the City's long-range
plans so that COT A can develop an overlay to ensure transportation infrastructure needs
are addressed.
Vice Mayor Adamek responded that staff would schedule this meeting in the near future.
Special Recognition - Leadership Dublin
Vice Mayor Adamek then invited the Leadership Dublin Community Service Day
proiect leaders to come forward, as well as Margie Amorose, Leadership Dublin Board
~ Member and Teri Hagen, Leadership Dublin Board President.
Ms. Amorose provided brief history on the development of the Leadership Dublin
program, and Ms. Hagen provided details about the programming and projects of
Leadership Dublin, particularly the Community Service Day.
Vice Mayor Adamek presented Proclamations to each of the six leaders of the
Community Service Day project, who included: Jim Hanneman, Wanda Kamler, Jody
Noreen, Trish McDaniel, Chris Quinn, and J.W. Wilson.
Council Members thanked the Leadership Dublin group for their efforts in coordinating
the very successful Community Service Day.
Ms. Chinnici-Zuercher noted that the date of next year's Community Service program is
Saturday, May 5.
At this point, Mayor Kranstuber arrived.
Citizen Comments
Amy Salay. representing the Griffith Thomas Elementary School community presented a
petition to Council requesting a raised crosswalk be installed on Tuttle Crossing in front
of Thomas Elementary. There are safety concerns about the speeds ofthe traffic, and the
cut-through traffic from motorists who want to avoid the congestion on Frantz Road. A
raised crosswalk will make their school crossing much safer by providing a visual and
physical barrier to speeding in the school crossing zone. The petition has been signed by
67 members of the school community who support this request, including the school
r-- principal.
Discussion followed about the safety issues related to crosswalks at all of the elementary
schools in Dublin, especially those where the majority of students are walkers, i.e.
Following discussion, Mr. McCash moved to direct staff to review incorporating a raised
crosswalk or double speed humps at Thomas Elementary School and report back to
Council regarding the costs and a recommendation. As a follow-up, staff should assess
the crosswalk situation at other schools and report back to Council.
Mr. Peterson seconded the motion.
Vote on the motion - Mrs. Boring, yes; Ms. Chinnici-Zuercher, yes; Mr. Reiner, yes;
Mayor Kranstuber, yes; Mr. McCash, yes; Mr. Peterson, yes; Mr. Adamek, yes.
Chris Cline. attorney. 5455 Rings Road. Dublin noted that he represents the Wadsworths
who own a lot at 6000 Post Road. Mr. Cline indicated that he sent a detailed letter to
Council regarding the situation. They purchased a lot in June 1998 and have not been
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RECORD OF PROCEEDINGS
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Dublin City Council Meeting Page 3
DAYTON LEGAL BLANK INC. FORM NO. 10148
Held S~pt~mh~r 1 R, )000 ,
(YEAR)
able to develop it. The efforts to date to resolve this with staff have not been successful.
Apparently, there is a policy matter involved in their request for access along Post Road.
He asked for assistance from Council.
- Mr. Smith responded that Mr. Cline contacted him today on this matter, and he has
,........., offered to meet with Mr. Cline to determine if there is a legal issue involved. He can
r ,
then follow-up with a written opinion to Council within 30 days.
Mr. Cline indicated that this is acceptable to him.
Mr. McCash added that he has met with staff and the residents of Post Road on this
matter, and there are some additional issues involved. Perhaps a solution would be to
grant them an easement across City property in order to give them access.
Mr. Smith agreed to have a report back to Council on this matter within 30 days.
Wallace Maurer. 7451 Dublin Road noted that at the next Council meeting, he plans to
update Council on the Dublin Road bikeway "standoff." He asked that Council
members take a close look at his property and the areas between Emerald Parkway and
161. All of these areas were developed long ago when bikepaths were not mandated.
He concluded by requesting that Council allow him to use his remaining time at a later
date.
Jennifer Brunner. candidate for Franklin County Common Pleas Court indicated that she
is running for the unexpired term of Judge James O'Grady. She has practiced law for 17
years in the area and resides in Clintonville with her husband and children. She
described what she believes are the characteristics of a good judge - fairness and
organizational skills - and noted that she possesses these qualities. She urged those
present to vote for the best candidate in the November election.
~
Staff Comments
Ms. Grigsby noted that Mr. Hansley, Mr. Ciarochi, Mr. McDaniel, Mr. Harding, Mr.
Stevens, and Ms. Crandall are attending the ICMA conference in Cincinnati this week.
She added that the revised CIP document was included in the Council packet.
Mr. Smith noted that the annexation bill would be brought out of Committee to the State
Senate floor tomorrow. The City of Dublin and other entities have lobbyists working on
their behalf in this matter. The bill may not be voted upon this term, but may be up for a
vote in December. He has provided information to Council on the ramifications of this
legislation for Dublin.
Mr. Kindra stated that, as City Council has requested, the Southwest area public
information regarding the traffic calming program is set for Monday, September 25 at 7
p.m. at the Village at Tuttle Crossing Community Center. Secondly, there are several
items in the packet related to progress being made in Old Dublin.
Chief Geis noted that the Police division has received several requests from citizens that
the AverylPerimeter area traffic signals be left in operation later than 10 p.m. Currently,
the signals cycle to "flashing" sequence at 10 p.m. There are safety issues related to the
amount of traffic at these intersections.
----.-~- Following discussion, Mayor Kranstuber moved to extend the traffic signal cycling in
,,--, the Avery RoadlPerimeter LooplPerimeter Drive area to midnight on Friday and
Saturday nights.
Mr. Adamek seconded the motion.
Following discussion about whether this would be for Friday and Saturday only, or for
the entire week, Mayor Kranstuber amended his motion to extend the traffic signal
cycling in the Avery RoadlPerimeter DrivelPerimeter Loop area to midnight, 7 days per
week.
Ms. Chinnici-Zuercher seconded the amended motion.
Vote on the motion - Mrs. Boring, yes; Ms. Chinnici-Zuercher, yes; Mr. Peterson, yes;
Mr. Adamek, yes; Mr. Reiner, yes; Mr. McCash, yes; Mayor Kranstuber, yes.
Mayor Kranstuber clarified that the lights will then go to flashing sequence after
midnight.
Staff agreed to review the Coffman Road/Tara Hill intersection for signalization
Lc= ~~--
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II :1
RECORD OF PROCEEDINGS
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Dublin City Council Meeting Page 4
UAYTON LEGAL BLANK INC. FOAM NO. 10148
Held September 18, ?OOO ,
(YEAR)
adjustment as well.
Ms. Puskarcik reported that:
-. 1. The Avery- Muirfield/33 interchange is expected to open in November, and staffis
seeking Council direction regarding their preference for any type of celebration.
It was the consensus of Council that there not be any formal public event to celebrate the
openmg.
Ms. Puskarcik noted that the City would recognize this milestone in an informational
campaign, highlighting its benefits, etc.
2. She is currently preparing the Council Communications Plan and hopes to have that
ready for distribution shortly. She asked whether this should be submitted to the
Administrative Committee for review or to the entire Council.
Mayor Kranstuber indicated his preference for an off-Monday Committee of the Whole
meeting for this review.
It was the consensus of Council to do so.
The meeting was set for Monday, October 9 at 7 p.m. in Council Chambers.
Ms. Puskarcik stated that she would have the plan submitted to City Council the week
prior to this meeting.
3. Regarding the Dublin history book, staff is moving ahead with two
researcher/writers on proposals and hopes to submit this as part ofthe 2001 budget
for Council's review.
LEGISLATION
TABLED ORDINANCE SCHEDULED FOR HEARING
Ordinance 107-00 - An Ordinance Authorizing an Employment Contract for the
- Clerk of Council.
Mr. Peterson moved to adjourn to executive session at 8:15 p.m. for discussion of
personnel matters.
Mr. Adamek seconded the motion.
Vote on the motion - Ms. Chinnici-Zuercher, yes; Mr. Reiner, yes; Mrs. Boring, yes;
Mr. McCash, yes; Mr. Peterson, yes; Mr. Adamek, yes; Mayor Kranstuber, yes.
The meeting was reconvened at 8:35 p.m.
Mr. Peterson moved to table this ordinance until the October 2 Council meeting.
Mr. Adamek seconded the motion.
Vote on the motion - Ms. Chinnici-Zuercher, yes; Mr. Reiner, yes; Mayor Kranstuber,
yes; Mr. Peterson, yes; Mr. Adamek, yes.
PUBLIC HEARING/SECOND READING - ORDINANCES
Mayor Kranstuber suggested modifying the agenda to hear Ordinance 109-00 prior to
Ordinance 101-00. There was no objection from Council.
Ordinance 109-00 - An Ordinance Authorizing Distribution to the Dublin
Convention and Visitors Bureau (DCVB) in Excess ofthe Twenty-Five Percent
Allocated in Accordance with Section 35.32 of the Codified Ordinances of the City
of Dublin to Provide Assistance for the Relocation of the DCVB's Operations, and
Declaring an Emergency.
~ Mr. McCash, Finance Chair stated that the Committee met with the Bureau
representatives and explored various options. Based upon those discussions and review
~ by staff, the language in the ordinance has been drafted. Funding of $80,000 to the
DCVB is provided, plus relocation costs, and language has been added to address the
windfall issue.
Mrs. Boring asked if the DCVB has looked at other available office rental space in Old
Dublin, such as the one outlined in a fax sent today by J.A. Guy.
Kelly Gardner. DCVB Board President stated that they reviewed with the Finance
Committee several alternative locations. The Board's strategic plan focused on the need
to locate near the intersection of Bridge and High to provide easy access from 1-270.
Mr. McCash noted that the 2,000 square feet of office space identified in the fax today
would not be adequate to house the offices.
Ms. Gardner agreed to respond to J.A. Guy regarding the DCVB's need for more space
than they are offering.
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Dublin City Council Meeting Page 5
DAYTON LEGAL BLANK INC. FORM NO 1 0148
Held S~pt~mh~r 1 R, 1.000 ,
(YEAR)
Mayor Kranstuber moved for emergency passage.
Mr. McCash seconded the motion.
Vote on the motion - Ms. Chinnici-Zuercher, yes; Mayor Kranstuber, yes; Mrs. Boring,
-. yes; Mr. Adamek, yes; Mr. Peterson, yes; Mr. McCash, yes; Mr. Reiner, yes.
Vote on the Ordinance - Mr. Peterson, yes; Ms. Chinnici-Zuercher, yes; Mr. Reiner, yes;
Mayor Kranstuber, yes; Mr. McCash, yes; Mr. Adamek, yes; Mrs. Boring, yes.
Ordinance lOl-OO(Amended) - An' Ordinance Amending Portions of the
Subdivision Regulations to Promote Architectural Diversity Within Single-Family
Residential Neighborhoods.
Ms. Susong stated that City Council and Planning Commission have requested
residential design standards and promotion of architectural diversity throughout Dublin
residential neighborhoods. Staff has approached this task with several components:
tonight's is the first which addresses the subdivision regulations and deals with varied
setbacks, varied lot widths, the layout of the subdivision, and the design of the house.
The design of the house is related to the building permit process, and therefore the
design portion for the house is split into two ordinances.
. Section 1 with definitions to provide clarity in the ordinance.
. Section 2 deals with sidewalks and bikepaths, establishing four-foot sidewalks on all
streets; on through streets, five-foot sidewalks are required. Bikepaths are required
in accordance with the Community Plan to provide connectivity from neighborhoods
to schools, parks, and other public areas.
. The ordinance also calls for concrete bikepaths in front of houses instead of asphalt
ones, and larger setbacks along bikepaths.
. Section 3 addresses utility boxes, requiring that they be located at the rear of the
- property, unless not practical as determined by the City Engineer.
. Section 4 addresses staggered setbacks, requiring that no more than two adjacent lots
have the same building setback line, and a third would require a minimum variation
of 10 feet in setback. This would not be required on lots fronting the bulb of a cul-
de-sac.
. Section 5 deals with the minimum buildable depth of 65 feet.
. Section 6 deals with varied lot widths and requires that no more than two lots in a
row may have the same lot width - there must be a minimum variation of 10 feet.
No more than 50 percent of the lots in the preliminary plat shall be of the minimum
width.
. To promote architectural diversity, there is a provision in Section 7 that the same
model or a substantially similar model may be presented not more than once in every
three lots on the same side of the street, and may not be repeated on the three closest
lots across the street.
Mayor Kranstuber proposed that Council proceed with review of the ordinance section
by section versus having a long discussion about the ordinance as a whole. The BIA has
representatives here to testify, and there are several audience members who have also
indicated their desire to testify.
Mr. McCash suggested that this item be scheduled for a Committee of the Whole
meeting so that the entire evening can be dedicated to this ordinance.
- Mr. Reiner suggested that Council proceed with a public hearing tonight, as he believes
the issues are not complicated and because Council has been anxious to implement these
standards.
Mr. McCash objected, noting that the street layout issue and related traffic calming are
not included and should be part of this legislation.
Discussion followed.
It was the consensus of Council to proceed with the public hearing.
Section 1 - Definitions
Michael Close. Attorney representing the Building Industry Association stated in regard
to the definition of "no build zones" that if the goal is to encourage sideloaded garages,
then this item should be eliminated.
Ms. Susong stated that no-build zones are typically in the back of the lot - not on the
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Dublin City Council Meeting Page 6
Held Sf'pt~mh~r 1 R, )000 ,
(YEAR)
I
side. Ifthey do run down the side of the lot where a driveway would be located, there is
likely a significant reason that there is a no-build zone there which would warrant
changing the placement of the house on the lot. Staff does not foresee a problem with
- this portion of the ordinance.
Mr. Close responded that the BIA does not understand why there would ever be
justification for a no-build zone on the side of a lot.
Ms. Clarke responded that in a case where the residential lot is adjacent to a park, there
could be a no-build zone on the side of the lot. The no-build zone in this case would
typically be the width of the side yard, generally 7 feet on a single family lot.
Following further discussion, it was the consensus of Council to leave this definition as
drafted in view of the fact that the no-build zone is generally located in the back of the
lot.
Section 2 - Sidewalks and bikepaths
Mr. McCash noted that ifthe ADA requires 60-inch accessible routes, why does this
ordinance not require the same for sidewalks?
Ms. Susong stated that the City has always implemented four-foot sidewalks.
Mr. Close stated that if the ADA requirement is for five feet, the ADA will prevail on
this issue.
There was no motion from Council to revise this.
Mr. McCash stated that Mr. Eastep of the Planning Commission had suggested that the
concrete bikepaths at the front of the lot should be sawcut and not tooled. However, this
is not addressed.
Ms. Susong responded that the installation of sidewalks would be addressed in the City's
engineering standards - not in this ordinance which addresses their layout.
- Mr. McCash noted that the bikepath between houses was to be located in a 20-foot wide
dedicated lot, and now it appears that the bikepath is back in an easement.
Ms. Susong clarified that it would be located 10 feet from the easement or from the
bikepath if there is no easement.
Mr. McCash stated that it would be preferable to have the required sideyard setback
provisions for the lot and have a separate lot for the bikepath of 20 feet wide.
Discussion continued.
Ms. Clarke noted that staff can include any number that Council is comfortable with, but
gettingbikepaths platted between lots is difficult to negotiate with developers, especially
if the side yard setback were to be increased to 20 feet from 10 feet. The issue relates to
yield and how many lots can be platted from a piece of land.
Section 3 - Utility box placement
Charlie Driscoll. Edwards Land stated that he would like clarification - if electric boxes
are to be located in the back yard, but there are also "no disturb" zones in the back yard-
where are they to go? Placing them between houses and adding screening has worked
well for them.
Mr. Reiner stated that the City receives many complaints about utility boxes being
located at the front ofthe property, even if they are screened.
Mr. Driscoll stated that they would prefer to locate them in the "no disturb" zones versus
locating them halfway back. If the property is unwooded, the builder generally places
- them in the back.
Ms. Susong clarified that they can be placed in the "no build" zones, but not in the "no
disturb" zones.
Section 4 - Setbacks
Mr. Close noted that he has sent a letter to Council with the BIA's suggestions for
modifications. They suggest that the language state that at least one third of the lots in a
subdivision not have the same setback.
Mayor Kranstuber agreed, stating that this provides flexibility for the builders yet meets
the City's goals of varied setbacks.
Following discussion, Mr. Close proposed that the language instead include, "reasonably
dispersed." This would suffice.
Mayor Kranstuber agreed with this proposal.
Mr. McCash noted that Donegal Cliffs has deed restrictions relating to varied setbacks.
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RECORD OF PROCEEDINGS
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Dublin City Council Meeting Page 7
UAYTON LEGAL BLANK INC. FORM NO. 10148
Held Septemh~r 1 R, :WOO ,
(YEAR)
Mrs. Boring noted that none of this would apply to a PUD in any case.
Mr. Close stated that their issue is with the discretion of the Planning Commission to
waive or modify this requirement in PUD zoned areas.
-- Mr. Peterson stated that by stipulating a number, Council is actually putting themselves
into a corner - the reasonably dispersed language is preferable.
Mayor Kranstuber proposed using the substitute language for Section 4 as proposed by
the BIA, with the addition that setback variations should be reasonably dispersed.
Ms. Susong suggested including that, "no more than two lots can have the same
setback." Discussion continued.
Mayor Kranstuber moved to substitute the following language for Section 4: "Within all
residential subdivisions, including those within planned unit development districts, the
minimum front setback will be determined for each street by the. zoning district in which
the development is located. The setback should be varied among adjacent lots by at least
five feet (5'). No more than one-third (113) of the lots may employ the minimum
setback line. Setback variations shall be reasonably dispersed." The second paragraph
regarding P&Z discretion would remain as drafted.
Mr. McCash stated that it seems redundant to include PUD's in this restriction, as the
development text submitted as part of the PUD would address this matter.
Ms. Susong noted that the PUD language was added just for clarification. P&Z still has
the ability to waive this requirement.
Ms. Chinnici-Zuercher seconded the motion.
V ote on the motion - Mr. Peterson, yes; Mr. Adamek, yes; Mr. McCash, no; Mayor
Kranstuber, yes; Mr. Reiner, yes; Ms. Chinnici-Zuercher, yes; Mrs. Boring, yes.
Section 5 - Buildable width and depth
Mr. Close stated that if it is the intent to encourage sideloaded garages, depth restrictions
may impact this policy. The BIA proposes that the following language be inserted
before the second to last sentence: "... except that the minimum buildable width
restriction shall operate to accommodate sideloaded garages, driveways, and parking
areas."
Ms. Susong indicated that staff does not foresee a problem with this amendment.
Mayor Kranstuber moved to insert the language before the second to last sentence, " ...
except that the minimum buildable width restriction shall operate to accommodate
sideloaded garages, driveways, and parking areas."
Ms. Chinnici-Zuercher seconded the motion.
Vote on the motion - Mrs. Boring, yes; Ms. Chinnici-Zuercher, yes; Mr. Reiner, yes;
Mayor Kranstuber, yes; Mr. Adamek, yes; Mr. McCash, yes.
Section 6 - Variation in lot width
Mr. Close indicated that interpretation of the language in this section is extremely
difficult. The BIA is proposing alternative language calling for 15 percent ofthe lots to
be 100 feet in width in all subdivisions.
Ms. Susong stated that the intent was to have different types of houses which would fit
on different types oflots throughout the subdivision. With the proposed amendment, it
would likely result in all 80 and 100 foot lots with less variation in widths.
Mr. McCash suggested that ifthe goal is for diverse lot sizes in neighborhoods, it would
~ make more sense to cluster them in different areas, similar to what was done in
Muirfield.
Ms. Clarke stated that staff would have no issue with the language proposed by the BIA,
if a sentence is included which requires that they be reasonably dispersed. The intent is
to have variety, and that the widths be varied. In a recent review by the Planning
Commission of the golf course development, they were very opposed to having a section
with smaller lots because it could create a "low rent" and "high rent" district. Against
that backdrop, they reviewed this legislation.
Mayor Kranstuber stated that a developer can submit a PUD if the desire is to do
something different.
Discussion followed.
Mayor Kranstuber moved to amend the language in sentence 2 of Section 6 to read: No
more than six lots in a row may have the same lot width."
Mr. Reiner seconded the motion.
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Dublin City Council Meeting Page '8"_H" ~"H""'" , H"""''',,,,,,,,,~
DAYTON LEGAL BLANK INC. FORM NO 10148
Held S~pt~mh~r 1 R, )000 ,
(YEAR)
:
Vote on the motion - Ms. Chinnici-Zuercher, yes; Mr. Reiner, yes; Mayor Kranstuber,
yes; Mr. McCash, yes; Mr. Adamek, yes; Mr. Peterson, yes; Mrs. Boring, yes.
r--. Section 7 - Diversity of elevations
Mr. Close stated that at the P&Z review, the language was modified and should be
adjusted.
Mayor Kranstuber moved to take the language which begins with, "A subdivision shall
otherwise comply with this regulation unless it meets all of the following conditions"
and the following four items listed as (a) through (d) and insert this language above the
paragraph which addresses the discretion of the Planning Commission.
Mr. Reiner seconded the motion.
V ote on the motion - Mr. Adamek, yes; Mr. Peterson, yes; Mr. McCash, yes; Mayor
Kranstuber, yes; Mr. Reiner, yes; Ms. Chinnici-Zuercher, yes; Mrs. Boring, yes.
Mayor Kranstuber clarified that the intent of this section is that a subdivision shall
comply with the diversity of elevations unless it meets all of the following conditions:
contains 150 lots or less, there are four or more builders constructing within the
subdivision; no one builder constructs on more than 35 percent of the lots within the
subdivision; and the lots to be used by the different builders are reasonably dispersed
throughout the subdivision, as determined by staff.
Mr. Close stated that the problem that the BIA foresees is one of defining what is
similar .
The second issue relates to the fact that staff is not required to make a decision within a
certain timeframe. The third issue relates to the costs and time associated with an appeal
to BZA about a staff decision. The BIA proposes the following: that staffbe required to
,..-.., act on an application within a timely manner or it is deemed approved; that diversity
criteria are established in order to define the term "similar"; that a fair appeal process be
- established that requires the party who loses to pay the costs associated with the appeal.
To hear an appeal, the City should maintain a list oflicensed design professionals who,
on a random basis, will compose the panels to hear such appeals.
Ms. Susong stated that the timeframe for staff action is not included because this
ordinance addresses only the subdivision regulations. Staff has a provision in the second
part of the architectural diversity program that is tied to the building permit process and
addresses the turnaround time. This second part ofthe diversity program is scheduled to
be reviewed by P&Z on Thursday ofthis week. Staff believes that an item tied to the
building permit process cannot be enforced through the subdivision regulations. This
ordinance simply requires a developer to submit a table indicating which lots will not
have the same elevation - it does not address the timeframe or process for staffs
determination on this.
Discussion followed about the difficulty this section will impose on builders because of
the delays resulting from the diversity requirements.
Ms. Clarke clarified that the building permitting related items will be addressed in the
second ordinance, not in the ordinance which addresses the subdivision ofland.
--- The goal is to tie the housing types to the platting process in order to assure diversity.
If a plat is recorded without including those restrictions, the individual lot buyer will
have difficulty learning what type of house he can build on his lot, based on what is
already planned for the other lots. This ordinance indicates that there are relationships
between the lots in a subdivision based on diversity.
Mr. Close stated that the easiest solution is to eliminate Section 7 in its entirety and
address the issue at the second ordinance stage.
Mr. Smith agreed that there is a problem with the lack of definition of the term "similar."
He also pointed out that Council needs to consider the consequences of eliminating
Section 7 from this ordinance if the second ordinance is never approved.
Mayor Kranstuber summarized that staffhas indicated that there is no method to notify a
I
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Dublin City Council Meeting Page 9
DAYTON LEGAL BLANK INC. FORM NO 10148
Held S~pt~mh~r 1 R, )000 ,
(YEAR)
future buyer of a diversity requirement unless it is done at the platting stage.
Mr. Close advised that Council provide a definition ofthe term "similar" and address
r- this at the next ordinance stage.
Mayor Kranstuber noted that six of the sections of this ordinance address land issues, not
building issues. Only Section 7 seems to address building issues. There will be later
discussion about the effective date ofthis legislation and how it will affect land already
platted. His opinion is that tonight's action should not affect the golf course being
platted tonight, or a subdivision such as Amberleigh which was platted two years ago.
These land issues should not affect approved subdivisions, but the building code related
items would apply based on the date of building permit issuance. He would therefore
concur with eliminating Section 7.
Ms. Clarke noted that if there is a problem as pointed out tonight by the Law Director,
the ordinance should be tabled for two weeks to resolve this.
Mayor Kranstuber emphasized that Section 7 is the most important part ofthis
ordinance, and he would prefer to see this addressed at the next stage along with
materials and architectural diversity matters.
Mr. Smith pointed out that the Planning Division has worked with developers at the
platting stage to secure that there is diversity. But it is important to establish a clear,
definable standard ifit is done by ordinance. He suggested that Council approve the
ordinance with the elimination of Section 7. It can be amended at a later date, if that is
- the desire of Council.
't
Mrs. Boring stated that she would support passage with the recommendation that the
diversity portion be addressed at a later date.
Mr. Cline stated that submission of a matrix at the platting stage is not complicated. The
challenge is in the application of the diversity requirement as the lots are sold to
individual buyers. The real issue is whether houses are the same or similar, and how that
is applied. He is not concerned about including these regulations in either the
subdivision regulations ordinance or the building code, but rather in defining the terms
and establishing a process for review. He views tonight's action as providing half ofthe
remedy.
Ms. Clarke stated that the architecture of the housing will be addressed in later
regulations to be brought to Council, however one member ofP&Z felt it was important
to see the entire program at one time. She is not opposed to eliminating Section 7 and
incorporating this in the next ordinance. Due to the legal issues raised tonight, she
would support delaying any action related to the items in Section 7.
Mayor Kranstuber asked if Section 7 is more or less defensible if included in this
ordinance or in the next one.
'r-- Mr. Smith responded that it is more defensible if a clear definition and remedy are
included.
Mayor Kranstuber stated that the issue is whether government can legislate aesthetics.
Mr. Smith added that there is a distinction between regulating aesthetics and creating
aesthetic standards to the point where many people are excluded from the process.
Mrs. Boring moved to eliminate Section 7 with the expectation that it will be addressed
at a later date, at which time it will be determined whether this ordinance should be
amended or whether the diversity of elevations issue should be addressed in a separate
ordinance.
Mr. Reiner seconded the motion.
Vote on the motion - Mr. Peterson, yes; Mr. Adamek, yes; Mr. McCash, yes; Mayor
Kranstuber, yes; Mr. Reiner, yes; Mrs. Boring, yes; Ms. Chinnici-Zuercher, yes.
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Dublin City Council Meeting Page 10
DAYTON LEGAL BLANK INC. FORM NO. 10148
Held Septemher 1 R, ?OOO ,
(YEAR)
Ms. Clarke pointed out that Section 8 relates to the same issues.
Mayor Kranstuber moved to eliminate Section 8 and that it be addressed by amending
the ordinance at a later date or by a separate ordinance.
-, Ms. Chinnici-Zuercher seconded the motion.
, Vote on the motion - Mr. Reiner, yes; Mr. Adamek, yes; Mr. Peterson, yes; Mrs.
I
f Boring, yes; Ms. Chinnici-Zuercher, yes; Mr. McCash, yes; Mayor Kranstuber, yes.
.'
Chris Cline. Blaugrund. Herbert & Martin. 5455 Rings Road stated that he represents
Dominion Homes. On September 7, the Post Preserve project was approved by Planning
& Zoning Commission, but it has not been through the platting process. It has strong
staff support and addresses many of the items discussed with this ordinance. In terms of
the effective date of this ordinance, he suggested that rezonings which have been
reviewed by Planning Commission be exempt from these regulations. The Post Preserve
project is a PLDR district with a specific layout and lot sizes, yet it may not meet the
specific provisions being enacted tonight.
Mayor Kranstuber asked how many projects in the development process will be affected
by this change of requirements.
Ms. Clarke stated that she is not certmn. Staff s expectation would be that if the
subdivision code is amended, any project without an approved plat would be subject to
the new regulation. Staff can assemble a list of affected projects and give this
information to Council in two weeks.
Mr. Smith stated that Council can make the effective date of the ordinance a later date if
they desire. The practical consideration in this application is that when a rezoning is
approved, the sale of the land is often effected.
..~i
Mr. Adamek stated that if there are in fact 10 rezonings without preliminary plat
'. " approval, it would be important not to be exclusionary in exempting some and not others
from the new regulations.
Mr. Smith pointed out that there may also be vesting issues involved with zoning
approval for some developments.
Mr. McCash stated that some of the older PUD rezonings may not have addressed
diversity issues such as recent rezonings.
It was the consensus of Council to have staff bring a recommendation back to Council in
two weeks in regard to affected projects.
Mayor Kranstuber summarized that staff will bring this list to Council in the next two
weeks and Council can then amend the ordinance if necessary in two weeks, prior to its
effective date.
Mr. Smith concurred.
Discussion continued about the status ofprojects approved by P&Z or Council which do
not have plat approval.
It was the consensus of Council to make a determination in two weeks regarding the
~ effective date of these regulations for projects in the development review process.
Vote on the Ordinance as amended - Mr. Peterson, yes; Ms. Chinnici-Zuercher, yes;
Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. McCash, no; Mr. Reiner, yes; Mr.
Adamek, yes.
Mayor Kranstuber stated that the second ordinance related to architectural diversity will
be brought to Council within the next month following the P&Z review.
Mr. McCash asked if street design in neighborhoods will be considered within the
second ordinance. It should be an integrated package, and would eliminate future
requests for traffic calming in neighborhoods.
Ms. Susong stated that the next ordinance relates to building materials, four-sided
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Dublin City Council Meeting Page 11
DAYTON LEGAL BLANK INC FORM NO 10148
Held ~~pt~mh~r 1 R, )000 ,
(YEAR)
architecture and elevations. It does not address street layout or traffic calming. The
review is already scheduled for P&Z on Thursday, so in order to keep this moving
through the process, she would suggest addressing traffic calming separately.
,.-. Ms. Clarke stated that street layout would be addressed in the subdivision regulations at
a later date.
Mr. McCash stated that his concern remains that the street layout was not addressed in
the ordinance presented to Council tonight.
Mr. Adamek asked if the ordinance passed tonight could be amended.
Ms. Clarke responded that staff has incorporated the standards being articulated by the
Planning Commission and other ways to make the lots more diverse. This does not
include traffic calming which will be looked at separately and which would likely be
initiated by the City Engineer.
Mayor Kranstuber stated that this direction was not previously given to staff, and he
does not want to sidetrack what is already in process. This does not preclude a motion at
this time directing staff to draft such an amendment.
Mr. McCash moved to direct staff to draft a new ordinance to address street layout and
traffic calming measures.
Mrs. Boring seconded the motion.
Mayor Kranstuber noted he would support this motion, with the understanding that it
would not delay the three ordinances already in the process.
~-
Ms. Chinnici-Zuercher inquired about the content of the third ordinance.
Ms. Susong stated that the third ordinance was proposed to a Planning and Zoning
Commission subcommittee. It focuses on scale and proportion factors in architectural
diversity and would require establishment of a board or commission for the review
process. Further direction will be needed from Council on this.
Mr. McCash asked if this is not already addressed in the current Planning and Zoning
review process for architectural standards and materials.
Ms. Susong responded that, currently, this is part of the building permit process and is
reviewed by a staff member. Presently, there is no board or commission which reviews
architectural standards for the entire City. It is difficult to include subjective items such
as scale and proportion in a process that is performed by a staff person.
Mr. McCash responded that the City's review process is beginning to involve entirely
too much "red tape."
Mayor Kranstuber stated that the primary ordinance which will have a major impact is
the second one, which is forthcoming. It is being developed in response to Council's
~ request for an architectural diversity program and has been anticipated for some time.
This third one will be proposed to Council and will require further Council direction.
Vote on the motion - Mr. Peterson, yes; Mr. McCash, yes; Mr. Adamek, yes; Mayor
Kranstuber, yes; Mr. Reiner, yes; Ms. Chinnici-Zuercher, yes; Mrs. Boring, yes.
INTRODUCTION & FIRST READING - ORDINANCES
Ordinance 113-00 - An Ordinance Accepting the Lowest/Best Bid for the Dublin
Parks Fence Installation Project, and Declaring an Emergency.
Mr. Adamek introduced the ordinance.
There will he a second reading/public hearing at the October 2nd Council meeting.
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DAYTON LEGAL BLANK INC. FORM NO 10148
Held Septemher 18, 2000 ,
(YEAR)
Ordinance 114-00 - An Ordinance Extending the Designation Period of Eligible
Financial Institutions as Public Depositories an Additional Two Years, to October
31,2002.
Mr. Adamek introduced the ordinance.
.....-. There will be a second reading/public hearing at the October 2nd Council meeting.
Ordinance 115-00 - An Ordinance Amending the Annual Appropriations for the
Fiscal Year Ending December 31, 2000.
Mr. Adamek introduced the ordinance.
Ms. Grigsby requested waiver of a public hearing.
Mayor Kranstuber moved to dispense with the public hearing.
Mr. Adamek seconded the motion.
Vote on the motion - Mr. McCash, yes; Mayor Kranstuber, yes; Mr. Peterson, yes; Mr.
Reiner, yes; Ms. Chinnici-Zuercher, yes; Mr. Adamek, yes; Mrs. Boring, yes.
V ote on the Ordinance - Mr. Adamek, yes; Mr. McCash, yes; Ms. Chinnici-Zuercher,
yes; Mr. Peterson, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mayor Kranstuber, yes.
Ordinance 116-00 - An Ordinance to Establish Section 53.071 of the Dublin Code
of Ordinances with Respect to Chapter 53, Stormwater Management, Within
Historic (Old) Dublin.
Mr. Adamek introduced the ordinance.
Mrs. Boring asked if this requires referral to the Planning and Zoning Commission for
reVIew.
Ms. Clarke responded that it relates to stormwater regulations in Historic Dublin, but
upon closer review, she noted that it amends the zoning code and must therefore be
- referred to Planning Commission.
Mr. McCash pointed out that this ordinance relaxes the current regulations and will
allow the creation of parking areas of3 to 4 four spaces or less in Old Dublin by
exempting them from stormwater regulations. Does staff believe this will address the
parking problems?
Mr. Kindra responded that this legislation is not meant to allow for parking expansions
in excess of four spaces Even though the ordinance does not state that, it is intended for
a one-time request only - not four at a time for a larger number of spaces in total.
Mrs. Boring moved to refer the ordinance to Planning and Zoning Commission.
Mr. Peterson seconded the motion.
V ote on the motion - Mr. Adamek, yes; Mr. Reiner, yes; Mr. Peterson, yes; Mrs.
Boring, yes; Mr. McCash, yes; Ms. Chinnici-Zuercher, yes; Mayor Kranstuber, yes.
Ordinance 117-00 - An Ordinance Declaring the Procurement of Mobile and
Portable Radio Equipment for the Division of Police, Division of Streets and
Utilities and the Division of Grounds and Facilities as a "Single Source" Purchase
and Waiving Competitive Bidding Requirements.
Mr. Adamek introduced the ordinance.
There will be a second reading/public hearing at the October 2nd Council meeting
........
: Ordinance 118-00 - An Ordinance Authorizing the Creation of a New Position
(Web Site Designer) Within the Division of Community Relations.
Mr. Adamek introduced the ordinance.
Ms. Chinnici-Zuercher asked why this would not be presented in November as part of
the operating budget for 2001.
Ms. Puskarcik responded that this position was discussed at last year's budget
presentation, but at that time, a determination could not be made regarding specifics for
the position. A subsequent review has resolved that. If it were not proposed until the
next budget year, the position would be subject to the Human Resource's prioritization
ofthe new positions, which could defer filling of the position until later in the year.
Ms. Chinnici-Zuercher inquired ifthis position will be the only web site designer for the
entire City.
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Dublin City Council Meeting Page 13
Held Sf"pt~mh~r 1 R, )000 ,
(YEAR)
I
Ms. Puskarcik responded affirmatively. There will be technical support from the IT
division. She explained that because the City's web site is considered a communication
tool, it was determined it would function better within the Community Relations
- division. The specific requirements for the position include skills in communication,
graphics, writing, and content.
Mr. Adamek asked if the job description would include updating the information pages
on the public access channels. They have not been consistently updated recently, and it
is important to have the most current information on this channel. He would also like to
have the graphics enhanced if possible.
Ms. Chinnici-Zuercher agreed.
Ms. Puskarcik stated that she would take that as direction.
Mrs. Boring inquired if they considered outsourcing this service.
Ms. Puskarcik responded that this was considered, but there is a need to keep this
constantly updated. There is even a proposal to make the web site interactive; they are
presently considering E-Commerce.
Ms. Chinnici-Zuercher noted that the issue with outsourcing is that an internal staff
person is required to provide the information to the outside service; not having the
person in-house adds an extra step to a time sensitive communication tool.
There will be a second reading/public hearing at the October 2nd Council meeting
INTRODUCTION & PUBLIC HEARING - RESOLUTIONS
- Resolution 44-00 - A Resolution Accepting the Amounts and Rates as Determined
by the Budget Commission, Authorizing the Necessary Tax Levies and Certifying
them to the County Auditor.
Mayor Kranstuber introduced the resolution.
Ms. Grigsby noted that this is required annually by the Ohio Revised Code.
Vote on the Resolution - Mr. Reiner, yes; Mr. Peterson, yes; Mrs. Boring, yes; Mayor
Kranstuber, yes; Mr. Adamek, yes; Mr. McCash, yes; Ms. Chinnici-Zuercher, yes.
OTHER
Prelilllinary Plat - Dublin Golf Cour~~9011111111nity(CaseNo. 00-090 PP)
Mr. Reiner indicated he would abstain and left Council Chambers.
Mayor Kranstuber requested if Council required any additional information or
presentation prior to voting on this plat. All of the materials were provided in the
packet.
Council required no additional information.
Mayor Kranstuber invited public comment.
Wallace Maurer. 7451 Dublin Road raised a question in regard to the commitment ofthe
Edwards Land Company and the City to restore water service to the residents whose
wells might be damaged by the construction process. Additionally, if their water
becomes contaminated or they experience diminished flow, would the City and Edwards
address these problems?
""""'- Mr. Smith responded that, according to the final development agreement which was
(' executed today, ifit is determined by the City, Edwards Company, or the property owner
that the water supply has been diminished either due to flow restrictions or
contamination, the parties agree to cooperate to restore it.
Mr. Maurer noted that on page 22 of the staff report, it indicates that the City is working
with Dr. Hurdzan on the golf course. What type of doctoral degree does he hold?
Mr. Smith responded that his degree relates to his industry and he can provide that
information to Mr. Maurer.
Mr. Maurer noted that in view of Tiger Woods achievements, golf course design may
have to change in the future. This would be an important consideration in the design
process, and he is hopeful that the design architect is capable of meeting this challenge.
Mr. Maurer asked for clarification about the freeholder parcels in the agreement.
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Dublin City Council Meeting Page 14
DAYTON LEGAL BLANK INC. FORM NO. 10148
Held September 18,2000 ,
(YEAR)
Mr. Smith responded that this Council previously agreed that the property owners on the
south side of Woerner- Temple would not be forced to sell their land for parkland. Based
upon this direction, the City will not use eminent domain to take their properties.
~
Mayor Kranstuber moved approval of the plat.
Mr. Adamek seconded the motion.
Vote on the motion - Mr. Adamek, yes; Mrs. Boring, yes; Mr. Peterson, yes; Mr.
McCash, yes; Mayor Kranstuber, yes; Ms. Chinnici-Zuercher, yes.
Council Round Table/Council Committee Reports
Mr. Peterson noted that:
1. He appreciates staffs efforts in Old Dublin and believes that progress is being
made.
2. He enjoyed a trip to Montgomery County last week and spoke with several
people who had visited Dublin and made positive comments about the City. He
felt proud to be from Dublin. He plans to visit five similar places in the next
couple of weeks and expects he will hear similarly positive comments.
Mrs. Boring noted that at the last meeting, Mayor Kranstuber had raised concerns about
the speeding traffic on Tara Hill and staff promptly responded with an increased level of
patrol. She thanked staff for the report on street signage which was forwarded to
Council. She is looking forward to reviewing this in the near future at the Public
Services Committee.
Ms. Chinnici-Zuercher:
~ 1. Noted that she would like to set a meeting for the Public Services Committee to
review the tobacco legislation and street signage issues. She suggested that the
Committee members bring their calendars to the next Council meeting.
2. Commented that staff member Mike Stevens gave a presentation on economic
development at the Dublin AM Rotary on Friday and did an excellent job of
representing the City.
3. Moved to direct staff to include in the budget for 2001, which is currently being
prepared, funding for the Leadership Dublin program in the amount of $1 0,000.
Leadership Dublin has benefited the community tremendously and will continue
to do so. This would be similar funding as is done by the City for the Dublin
Counseling Center each year. Suburban leadership programs are typically
funded by the City in which they reside, by tuition paid by participants and from
corporate support.
Mr. McCash seconded the motion.
Mrs. Boring asked for clarification of what kind of financial support the program is
receiving from the City at this time.
Ms. Chinnici-Zuercher responded that they are currently receiving funds in the form of a
hotel/motel tax grant, and she is proposing that this be funded from the operating budget
funds next year.
V ote on the motion - Mr. Reiner, yes; Mayor Kranstuber, yes; Mr. Adamek, yes; Mr.
McCash, yes; Mr. Peterson, yes; Ms. Chinnici-Zuercher, yes.
~ 4. She noted that the United Way campaign is underway in Franklin County and
urged everyone to support the campaign.
Mr. McCash noted that he has received several complaints about speeding motorists
passing stopped school buses on Rings Road.
Ms. Grigsby responded that staff will follow-up on this issue.
Mr. Adamek noted:
1. Tomorrow evening there is a televised Ohio News Network town meeting from
7:30 to 9 p.m. in regard to Ohio School Funding. He encouraged Councilor staff
to attend or to view this presentation.
2. There is a ribbon-cutting at the new McDonald's on Tuttle Crossing scheduled
on Wednesday evening, and Council members have been invited to attend.
Mayor Kranstuber indicated that he will attend on Council's behalf.
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Dublin City Council Meeting Page 15
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3. An invitation was sent to Council by Susan Smiley for a reception prior to the
Emerald City Players new production.
Mayor Kranstuber indicated that he will represent Council at this event.
--- 4. A memo was forwarded from staff noting that the City of Columbus has taken
bids for the odor control facility.
5. There have been two deaths recently in Dublin - one was Gerald Macklin,
former Council and P&Z member, and the second was the daughter of employee
Don Stishok. Council sends condolences to their families and friends.
Ms. Chinnici-Zuercher asked if there is an update on the condition of the high school
student who was seriously injured in an accident on Avery-Muirfie1d Drive.
Mayor Kranstuber responded that he remains in a coma.
Mr. McCash noted that there was a serious accident recently along Dublin Road where
there is limited sight distance and a sinkhole exists. He asked that staff investigate this
location for installation of a guard rail.
6. He recently encountered an associate from New Jersey who works in his
industry. He noted that he was very impressed with Dublin, and that there was a
noticeable difference in land use and aesthetics upon crossing into Dublin from
other areas.
Mayor Kranstuber stated that:
1. There was a memo in the packet regarding a recent court case involving political
yard signs. He asked staff to comment.
Mr. Smith responded that he has provided a memo to Council tonight on this matter.
2. A list of former Council members was provided to Council, and he noted that the
list includes several people who have not attended any recent City events. He
~ recently spoke with the City Manager regarding ways to involve former Council
members with City activities. These were community leaders in the past, and
keeping them involved in the future would be desirable.
Ms. Puskarcik responded that several former Council members attended the reception
for Frank Ciarochi and they expressed their pleasure with the invitation from the City.
3. There is a memo from Mr. Kindra regarding cost estimates for requested
improvements in Old Dublin, including a pedestrian crossing at North High and
North Street for $100,000.
Mrs. Boring asked if all of the ground signs would be necessary with this pedestrian
crossing installation.
Mr. Kindra responded that they are required by Ohio statute. He noted that there will be
more information coming to Council addressing such issues as curb and gutter on North
and South High Street, sidewalks, lighting, drainage, alleyways, etc. He recommends
that staff assemble a proposal for the improvements needed in Old Dublin, including
costs and a proposed timeline. He will have this for CounciF s review at an upcoming
meeting.
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~CL~
Clerk of Council