HomeMy WebLinkAbout01/16/2001
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RECORD OF PROCEEDINGS
Dublin City Council Meeting Page 1
DAYTON LEGAL BLANK INC. FOAM NO. 10148
Held January 16, 2001 ,
(YEAR)
Vice Mayor Adamek called the Dublin City Council meeting of January 16,2001 to
order at 7 :00 p.m.
Mr. McCash led the Pledge of Allegiance.
"-
Roll Call
Council members present were: Vice Mayor Adamek, Mrs. Boring, Mr. Reiner, Mr.
McCash, and Mr. Peterson. Mayor Kranstuber and Ms. Chinnici-Zuercher were absent
(excused).
Staff members present were: Mr. Hansley, Ms. Grigsby, Mr. Ciarochi, Mr. Smith, Mr.
McDaniel, Ms. Clarke, Mr. Harding, Ms. Puskarcik,Mr. Stevens, Chief Geis, Mr. Hahn,
Ms. Crandall, Mr. Price, Ms. Hoyle, and Ms. Heal.
Approval of Minutes of January 2. 2001 Meeting
Mr. McCash moved approval of the January 2, 2001 minutes as submitted.
Mr. Peterson seconded the motion.
Vote on the motion - Mr. McCash, yes; Mr. Peterson, yes; Mrs. Boring, yes; Vice
Mayor Adamek, abstain; Mr. Reiner, abstain.
Correspondence
The Clerk reported that there was no correspondence which requires Council action.
Special Recognition
Vice Mayor Adamek welcomed members of Leadership Dublin, who were present to
observe a City Council meeting. He explained that Council would begin a pilot program
- at the February sth Council meeting where members of Leadership Dublin will serve as
greeters and respond to citizen requests for information during the half-hour preceding
each Council meeting. Jody Noreen, Executive Director of Leadership Dublin,
introduced the following members: lW. Wilson, Allen Baker, Jan Walton, Carl
Buckner, Lisa Ireland, Gayle Holton, and Bridget Dritz.
Citizen Comments
David Hahm, 83 S. Riverview Street, spoke on behalf of residents of S. Riverview Street
regarding the implementation of theIDstoric I>ublin Revitalization Plan. He stated that
the residents favor the plan to increase the parking for the businesses in Historic Dublin,
but many are concerned that additional parking spaces will be installed before the
stormwater problem is resolved. He offered a historic perspective to a letter that was
forwarded to Council earlier today. There has been the opinion that the stormwater
problem is monumental, and that correcting the problem would mean rebuilding the
entire system in Old Dublin. He stated that would not be necessary, as most of the
stormwater issues in Old Dublin have been resolved. One serious problem remains: the
stormwater that runs off the parking lots behind the businesses on the east side of High
Street, then rolls across Blacksmith Alley and through the yards of the houses on
Ri verview Street to reach the basins at the end of the street. When Mr. Hahm moved to
Dublin in 1970, there was no stormwater problem. This was partly because the parking
lots were still treed and landscaped, but it was also due primarily to a ditch which ran the
~ entire length of Blacksmith Alley to carry the water to the east-west alleys and then
down to the river. As time went on, parking lots were installed and the ditch gradually
filled in. The water has had no place to go except across the alley and through the
residents' yards. Approximately ten years ago, the City redeveloped the streets and
sewer system and made significant improvements. An attempt was made to resolve the
situation on Blacksmith Alley by putting a swale along the eastern edge of the alley to
carry the water down to the catch basins at the street comers. The intention was that the
water would come down the hill and make a sharp 90-degree right turn into the catch
basins. The system works in light rains, but in moderate and heavy rains, water sweeps
down so quickly that it rushes straight across that turn. The residents' concern is that if
the parking lots are blacktopped before the stormwater problem is resolved, there will be
a crisis. A test case has already been provided with the lot at the northwest comer of
Blacksmith and Pinney Alleys. The lot was a vacant lot thirty years ago, and then a large
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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 January 16,2001 ,
(YEAR)
building was constructed with a completely blacktopped parking lot. This created a lake
in the neighboring yard for the greater part of the summer. An attempt to divert the
water by installing a blacktop ridge failed. It was significantly corrected during a
- remodeling, when a ditch was partially returned to one-half of the lot, and the City
installed an extra catch basin for that parking lot directly across from the parking lot.
That type of solution is not available for most of the other lots. Mr. Hahm suggested that
there is one solution that would resolve the problem for all of the lots: installation of a
large concrete ditch covered by a steel grate leading to the catch basins on the end. This
would be an inexpensive solution to a 20-year-old problem. He requested Council
address this in the City's capital improvements budget.
Larry Frimerman, 63 S. Riverview Street, spoke on behalf of the Old Dublin Association
(ODA). He noted that two letters, one from himself and another from aDA, were
forwarded to Council. ODA joins the residents of Riverview in concurring with the
comments of Mr. Hahm. ODA has shared these concerns with Council and City staff on
numerous occasions, including the workshops on the Community Plan and at the
meetings of the Historic Dublin Revitalization Task Force. ODA urges that Council
direct staff to take the steps to implement the necessary improvements for stormwater,
including an Old Dublin stormwater inventory. ODA would like to work with City staff
or a consultant, if involved, in identifying those resources and the situations Mr. Hahm
has described. They would also like to meet with Council in the near future to discuss
Historic District priorities in the capital improvement budget.
Vice Mayor Adamek requested a response from Mr. Hansley regarding the stormwater
~ problem.
Mr. Hansley responded that staff would like the opportunity to study the issue and report
back to Council. As the capital improvement budget has already been adopted for 2001,
Mr. Hansley and Ms. Grigsby will review the budget to determine the implications of
including the stormwater ditch. It would likely be funded by the account designated for
stormwater improvements, and all those items then reviewed for prioritization. Staff
will report to Council at the next meeting. If the project could be handled as a
maintenance project, it could perhaps be done separate from the capital improvements
budget. If it would involve constructing a new system, it would necessarily become a
major capital improvement project.
Vice Mayor Adamek suggested that Mr. Hahm and Mr. Frimerman be included in any
site visit City staff would make for this project.
Mr. Hansley stated that Mr. Johnson and Mr. Kindra will include these residents in their
on site investigations.
Mr. Reiner stated that the Community Development Committee is reviewing priorities
for the funds budgeted in 2001 for Old Dublin. This item could be included in that
budget.
.......-.
Mr. McCash inquired if these items were addressed in the R.D. Zande plan.
Vice Mayor Adamek responded that the Zande plan was more aesthetically focused. He
added that it might be more efficient to include this item in the City budget for storm
sewer improvements as Mr. Hansley has suggested. The funds are available; what is
required is a re-prioritization of the projects.
Wallace Maurer, 7451 Dublin Road, provided an update on the bikepath issue.
Following the first meeting at his house regarding the planned bikepath extension across
his property, a second meeting has been tentatively scheduled for January 22nd or 23rd.
His neighbor to the north side has had the bikepath rerouted so that it is near the road.
Mr. Maurer suggested that the bikepath be routed next to the roadway along his property.
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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 January 16, 2001 ,
(YEAR)
Although Mr. Maurer has a stone wall on his property that would need to be moved,
there is precedent in the City for moving stone walls to accommodate bikepaths.
- Kenny Webb, 7525 Dublin Road, stated that he is opposed to the bikepath plan. He
provided a map for Council, stating that the red line marks the alternative path, which he
suggests for the bikepath, if it must be installed. He is opposed to the removal of the
trees, which are critically needed in that area as a sound barrier. Recently, trucks have
diverted from Avery-Muirfield to Dublin Road, and are going through at the rate of one
every two seconds. He requested that Council consider routing the bikepath similarly to
the path along Mr. Wickline's property.
Mr. McCash noted that Mr. Webb's map appears to require the elimination of two trees,
while the City's plan for the path spares those trees.
Mr. Webb responded that the reverse is his understanding. A surveyor he spoke with
recently indicated that the plan was to eliminate those trees; his plan avoids this,
although his map may not have designated that clearly.
Vice Mayor Adamek suggested that the Engineering staff would be able to provide a
clearer explanation of the City's plan than the surveying team. He inquired if Mr.
Kindra would be able to meet with Mr. Webb and review the plans for the bikepath as it
will affect his property.
Mr. Kindra indicated he would do so.
.r-- Staff Comments
Mr. Ciarochi:
1. Introduced the By\\! I?irector qf Bu~lding Standards, Bob Price. Mr. Price comes
from Fairborn, Ohio, a growing community situated next to an interstate, where
for 20 years he managed a certified building department, which issued State
permits. Mr. Price's background is impressive in the areas of education,
experience, and problem solving. Mr. Ciarochi thanked Kevin Moran for his
skillful management of the division as the Interim Director.
Council welcomed Mr. Price and thanked Mr. Moran.
2. Presented a request for a fee waiver for an appeal to the Building Construction
Appeals Board for property located at 7065 Timberview. Staff overlooked a
ceiling height deficit, and they have agreed to process this through adjudication.
Since this was due to staff errpr, staff recommends waiver of the $190.00 fee for
the appeal.
Vice Mayor Adamek moved to approve the fee waiver.
Mr. Reiner seconded the motion.
Vote on the motion: Mr. Reiner, yes; Mfs. Boring, yes; Mr. McCash,yes; Vice Mayor
Adamek, yes; Mr. Peterson, yes.
Chief Geis:
1. Stated that within a m()Bth, Council will be receiving the annual resolution to
,..... control traffic eluring the Memorial Golf Tournament. . His division is working in
conjunction with Dublin City Schools and Muirfield Village Golf Club to
consider the logistics of possible additional off-site parking at the third high
school site at Hyland-Croy and Mitchell Dewitt. The Tournament, the school
district, and the City are anticipating that this partnership will alleviate the traffic
problems experienced during Fridays of Tournament Week.
2. Introduced new Police Officer, Robert Weber, who comes to Dublin from the
Bowling Green Police Department.
Council welcomed Officer Weber.
LEGISLA TION
RECONSIDERA TION
Ordinance 133-00 - An Ordinance Providing for a Change in Zoning for 17.014
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RECORD OF PROCEEDINGS
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Dublin City Council Meeting Page 4
DAYTON LEGAL BLANK INC. FORM NO. 10148
Held Jan1lary 16, 2001 ,
(YEAR)
Acres Located on the South Side of Shier-Rings Road, 2,100 Feet West of A very
Road, from: R, Rural District, to: PCD, Planned Commerce District (Dublin
Service Center/File No. 00-104Z). (Applicant: City of Dublin, c/o Timothy C. Hansley,
--- 5200 Emerald Parkway, Dublin, OH' 43017)
Mr. McDaniel stated that approval of the rezoning failed at the January 2,2001 Council
meeting, because passage requires four votes in favor. Consequently, the Mayor set the
matter for reconsideration at the January 16,2001 meeting. He noted that City Planner
Carson Combs' cover memo summarizes that the remaining final concept issues have
been resolved.
There were no questions.
Vice Mayor Adamek called for the vote.
V ote on the motion: Mr. Peterson, yes; Vice Mayor Adamek, yes; Mr. McCash, yes;
Mrs. Boring, yes; Mr. Reiner, yes.
PUBLIC HEARING/SECOND READING - ORDINANCES
Ordinance 03-01 - An Ordinance to Establish the Estimated Average Per Acre
Value of Land for Park Fees in Lieu of Land Dedication, As Required Pursuant to
Section 152.086(C)(6), and to Amend Said Section.
Mr. Hansley noted that staff recommends adoption at this time.
Mr. McCash stated that at the last Council meeting, it was noted that this fee increased
very little in comparison to the escalating costs of land. Did staff have an opportunity to
study the disparity?
Mr. Hahn responded that staff was surprised with the small increase as well, but a review
of the full appraisal report based on recent and substantial land transactions within the
,........... City of Dublin was made, and the proposed number of $38,500 per acre correlates with
the raw land values in recent transactions.
Vote on the Ordinance: Mrs. Boring, yes; Mr. Peterson, yes; Mr. McCash, yes; Vice
Mayor Adamek, yes; Mr. Reiner, yes.
Ordinance 04-01 - An Ordinance Accepting the LowestlBest Bid for the North
Fork Indian Run Bikepath Bridges Project, and Declaring an Emergency.
Vice-Mayor Adamek moved to treat this as emergency legislation.
Mr. Peterson seconded the motion.
Vote on the motion - Vice Mayor Adamek, yes; Mr. Peterson, yes; Mr. McCash, yes;
Mrs. Boring, yes; Mr. Reiner, yes.
Vote on the Ordinance - Mr. McCash, yes; Mr. Reiner, yes; Vice Mayor Adamek, yes;
Mr. Peterson, yes; Mrs. Boring, yes.
Ordinance 06-01 - An Ordinance Authorizing the City Manager to Execute a 0.685
Acre, More or Less, Deed of Easement to Mount Carmel Health System, Located at
the South End of Liggett Road, City of Dublin, County of Franklin, State of Ohio,
and Declaring an Emergency.
Mr. Smith stated that this is a procedure to grant an easement. He noted that, due to
construction issues, staff requests an emergency. He clarified that he discussed with Mr.
McCash the possibility of his need to abstain from the vote. His firm, not Mr. McCash
........ personally, has previously done work for Mt. Carmel. Mr. Smith has determined that
there is no conflict of interest.
Ms. Grigsby noted that the land was originally donated to the City with a deed restriction
that it remains as open space. When Mt. Carmel acquired the property adjacent to this
piece, Mt. Carmel offered to purchase this from the City so that they could maintain it
and enhance their site. Granting this easement will allow the City to retain the land as
open space, with Mt. Carmel providing the needed maintenance.
Mr. McCash inquired if Mt. Carmel should develop the adjacent property, would they be
permitted to include this acreage in their lot coverage calculation?
Mr. Smith indicated they could not.
Vice Mayor Adamek moved to dispense with the public hearing and treat this as an
emergency.
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Dublin City Council Meeting Page 5
UAYTON LEGAL BLANK INC. FORM NO. 10148
Held JaIl1lary 16,2001 ,
(YEAR)
Mr. Peterson seconded the motion.
Vote on the motion: Mr. Reiner, yes; Mr. McCash, yes; Mrs. Boring, yes; Mr. Peterson,
yes; Vice Mayor Adamek, yes.
~ V ote on the Ordinance: Mr. Peterson, yes; Vice Mayor Adamek, yes; Mrs. Boring, yes;
Mr. Reiner, yes; Mr. McCash, yes.
Ordinance 08-01 - An Ordinance Authorizing the City Manager to Enter into a
Land Lease Agreement with the Starlight Rebekah Lodge #856 For the Purposes of
Constructing Public Parking Lot Improvements on Vacant Land Owned by the
Odd Fellows Lodge at 37 Darby Street as a Part of the City's Ongoing Efforts to
Accomplish Old Dublin Improvements, and Declaring an Emergency.
Mr. Smith requested that this legislation be tabled for sixty days. He explained that
when staff researched the title, a deed restriction was discovered regarding the Ladies
Auxiliary, which is now being cleared up by the Odd Fellows Lodge. Legal staff has
contacted them, but it will take another four or five weeks to complete the matter. In the
meantime, the arrangement still exists with the Lodge, and there will be adequate time to
build a parking lot by spring.
Mr. McCash moved to table the ordinance for 60 days.
Vice Mayor Adamek seconded the motion.
Vote on the motion: Mr. McCash, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mr. Peterson,
yes; Vice Mayor Adamek, yes.
INTRODUCTION & FIRST READING - ORDINANCES
Ordinance 09-01 - An Ordinance Authorizing the City Manager to Enter into a
- Contract Assuming Control of the Premises Located at 5300 Emerald Parkway,
Known as the "Coffman Homestead" and Its Related Property, from the Dublin
Historical Society, Inc.
Vice Mayor Adamek introduced the ordinance.
Mr. Hansley stated that this legislation has been brought forward at the request of the
Dublin Historical Society (DHS). Due to dwindling membership, they request that the
City re-consider the existing agreement, in which the Society controls the total operation
of the house. DHS proposes that the City assume the maintenance and capital
improvement responsibilities, and the Society will continue to conduct tours, maintain
their collection within the property, and act as an advisory board to City Council and
staff regarding use of the property.
There will be a second reading/public hearing at the February 5th Council meeting.
Ordinance 10-01- An Ordinance Amending the Annual Appropriations for the
Fiscal Year Ending December 31, 2001.
Vice Mayor Adamek introduced the ordinance.
Mr. Hansley indicated that a memo is attached which details the various requests for
appropriations.
There will be a second reading/public hearing at the February 5th Council meeting.
INTRODUCTION & PUBLIC HEARING - RESOLUTIONS
- Resolution 02-01 - A Resolution to Set Forth a Statement of Services to be Provided
to the Area in a Proposed Annexation of 29.56+/- Acres from Jerome Township,
Union County, to the City of Dublin, Ohio as Required by Section 709.031 of the
Ohio Revised Code. (Valentin property)
Vice Mayor Adamek introduced the resolution.
Mr. Hansley stated that this was originally included on the agenda for the January 2,
2001 Council meeting. However, there was a concern expressed by Council regarding
the Metro Parks District's perspective about this annexation. He referred to a memo
from Ms. Grigsby, which was provided with the meeting materials, that indicates the
Metro Parks District has no objectionto this annexation. At this point, the Resolution
merely provides for a statement of services as required by the O.R.c. An ordinance
regarding the annexation will be brought to Council at a later date, following action by
the Union County Commissioners.
RECORD OF PROCEEDINGS
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Dublin City Council Meeting Page 6
DAYTON LEGAL BLANK INC. FOAM NO. 10148
Held January 16,2001 ,
(YEAR)
Discussion followed.
Mr. McCash inquired if the property to the south of this parcel is developed.
~ Ms. Clarke responded that the property is zoned for residential development, but a
preliminary plat for Bishops Crossing may not yet have been approved by Council.
Mr. McCash noted that with the strip set aside to provide access to the northwest Metro
Park, it will be interesting to see if they intend to use it as a trade. He added that, for the
record, he would not be interested in trading this for density in another development.
Mr. Hansley clarified that no one has requested any density credit in conjunction with
the Metro Parks land donation.
Ms. Clarke stated that the plan filed for Bishop's Crossing includes along its northern
edge one-half of a trail system providing access from the Metro Park to the Dublin park
system. Staff will continue to work with the Metro Parks Board to obtain necessary
easements through future developments.
Vote on the Resolution: Mr. Peterson, yes; Mrs. Boring, yes; Mrs. McCash, yes; Vice
Mayor Adamek, yes; Mr. Reiner, yes.
Resolution 07-01- A Resolution Establishing a Child Care Advisory Task Force.
Mr. McDaniel stated that the establishment of this task force is done annually. Rather
than using a commission, a task force is used to assist staff with the development of the
-- child care brochure that is updated and published annually.
Vote on the Resolution: Mr. McCash, yes; Mrs. Boring, yes; Mr. Peterson, yes; Mr.
Reiner, yes; Vice Mayor Adamek, yes.
Resolution 08-01- A Resolution of Intent to Appropriate a 36.748 Acre, More
or Less, Fee Simple Interest, From Anacleto Galli, Trustee, Located at the
Northwest Corner of A very Road and Woerner-Temple Road, City of Dublin,
County of Franklin, State of Ohio.
Vice Mayor Adamek introduced the resolution.
Mr. Smith noted that there is a confidential memo in Council packets concerning the
Galli tract. This is vacant property at the entrance to the Edwards golf course
development that has been targeted not only for parkland, but also to realign
Woerner-Temple Road. The road will be directed to the north away from the
property owners so that no one will be forced to move, pursuant to the City's
previous commitment. There has been significant correspondence with Mr. Galli,
and the City appraiser has spoken with him. Mr. Smith has spoken with Mr. Galli's
attorney, who indicates that after passage of the resolution, he would meet with City
officials to negotiate a price.
Vote on the Resolution: Mr. Reiner, yes; Mr. Peterson, yes; Mrs. Boring, yes; Mr.
McCash, yes; Vice Mayor Adamek, yes.
~
OTHER
Final Plat - Killilea, Section 4
Ms. Clarke stated that this is a single-family subdivision of 23 lots in the western section
of Killilea, which is being developed by the Edwards group. The biggest issue is the
bikepath connection. This plat provides for a sidewalk connection between the street
and the bikepath, which is being facilitated by the Edwards Company and Mr. Harian,
who granted the City an easement through his lot. She added that the plat is
straightforward and completely conforms to the preliminary development plan.
There were no questions.
Mr. Reiner moved approval of the final plat.
Vice Mayor Adamek seconded the motion.
Vote on the motion: Mrs. Boring, yes; Vice Mayor Adamek, yes; Mr. McCash, yes; Mr.
RECORD OF PROCEEDINGS
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Dublin City Council Meeting Page 7
DAYTON LEGAL BLANK INC. FORM NO. 10148
Held JanlJary 16,2001 ,
(YEAR)
Reiner, yes; Mr. Peterson, yes.
Council Round Table/Committee Reports
- Mr. Peterson:
1. Noted that Council received a letter of resignation from Richard Ferguson, a
member of the Natural Resource Advisory Commission. As chair of the
Administrative Committee, Mr. Peterson will review the applications submitted
last year, and schedule a meeting of the Committee to review them.
Mrs. Boring suggested that filling this position could be delayed a few weeks and done
as part of the annual board and commission recruitment process. This would be
completed by March 31.
Mr. Peterson concurred with this plan.
Mr. Reiner:
1. Stated that the Community Development Committee has reviewed an analysis
conducted by staff for the costs associated with the total tree replacement requirement of
the Tree Preservation ordinance. The Committee recommends that Council adopt this
formula as the standard for waivers of tree replacement fees in conjunction with the tree
preservation program. He requested Council input.
Vice Mayor Adamek stated that recently, it was brought to Council's attention that the
cost for tree replacement was creating a hardship for certain property owners. Council
requested that staff conduct a cost analysis and suggest other parameters for waivers of
r-- the fees, which would then be referred to the Community Development Committee for
review. Subsequently, staff did develop an alternative formula for tree replacement fee
waivers. The Committee reviewed the formula and found it to be a fair and equitable
standard. Staff would like to implement it soon, as there are several property owners
waiting to develop heavily wooded properties, and the current ordinance results in
significant financial hardship for those property owners. He suggested that Council
adopt the guidelines as policy for recommendations on those pending cases. The
formula can later be put into ordinance form.
Mrs. Boring responded that she is concerned about adopting a policy without a public
hearing. She has also heard from citizens on this subject. If only a few property owners
are experiencing a financial hardship, can't they request waivers?
Vice Mayor Adamek stated that the focus was on creating a formula that could be
applied uniformly. Each property is unique, and the desire is not to target anyone entity
with more economic burden.
Mrs. Boring inquired if the Natural Resource Commission members were aware that this
topic was on the agenda for that Community Development Committee meeting, and if
they attended the meeting.
~ Vice Mayor Adamek responded that the meeting agenda was advertised, and several
members of the public attended. He pointed out that, should Council adopt this policy
tonight, any change to the Tree Preservation ordinance would still come before Council
and undergo a public hearing process. In the interim, this would allow staff to deal with
the backlog of requests for waivers and allow the property owners to move forward on
their projects.
Ms. Clarke responded that there are several pending waivers that have been on hold for a
minimum of six months, pending Council's resolution of its policy. One Council
member commented that the waivers have been dealt with inconsistently, and the
subsequent direction of Council to staff was to develop a standardized mechanism to
address the requests.
RECORD OF PROCEEDINGS
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Dublin City Council Meeting Page 8
DAYTON LEGAL BLANK INC. FORM NO. 10148
Held Jan1lary 16, 2001 ,
(YEAR)
Vice Mayor Adamek explained that in developing this formula, staff looked at those
applications currently on hold and considered the impact on them. Ms. Newcomb also
conducted a study of other communities who have a similar policy for tree preservation
- waivers in an attempt to create an equitable policy.
Mr. McCash responded that he has received several phone calls regarding this subject.
There is citizen concern that the proposed policy is not equitable to an individual with a
two-acre, heavily wooded lot with trees of 1,000 caliper inches. With a one-for-one
replacement, it would cost $6,000 to replace the trees. However, at 990 caliper inches,
the cost would be $150,000 to replace the trees at a per caliper inch replacement, an
exorbitant cost for development of a two-acre site. A site that is 30 to 40 acres with no
trees on the inside but a large number on the outside would, according to this policy, be
allowed to tear down many of the trees and do a one-for-one replacement, rather than
developing the property in the clear area and preserving the trees. Perhaps there could be
a graduated formula; for instance, at 500 caliper inches, it would be a two-for-one
replacement and at 1,000 caliper inches, it would be a one-for-one replacement. Also,
consideration should be given to a two-for-one or three-for-one per caliper inch
replacement for a red oak, because of the length of time it takes to mature. However, a
silver maple could be allowed a one-for-one replacement, because in ten years the new
one would be as tall as the one removed. That was not prioritized in the tree
preservation ordinance.
Mr. Reiner responded that some minor revisions to the ordinance could be worked on,
but in view of the pending requests, there could be potential legal issues. The significant
- financial impact to a residential landowner with a heavily treed lot results in a strong
case in a court of law.
Vice Mayor Adamek clarified that with the proposed policy, the developer has to meet
two standards:
1. Meet all the codes - lot coverage, setbacks, and parking. This would take into
consideration any reduced standards approved by a BZA variance based on legal
hardships or practical difficulties;
2. Work extensively with staff to meet the intent of the tree preservation ordinance,
using proper methods to save trees in the layout and the site plan, locating the
building to avoid the trees, minimizing site grading, being sensitive to existing
utilities and the installation of utilities.
Upon meeting these standards, then staff would recommend a fee waiver to City Council
for final discretion, which would be based on a tree for tree calculation rather than an
inch for inch calculation. The developer has to work with staff to meet the intent of the
original ordinance before arriving at the point of asking for a waiver.
Mr. McCash inquired if Cardinal Health, which has significant open fields, would
indicate to staff that they are trying to meet the intent of the tree preservation ordinance;
then, as with their present building, proceed to site a new building 50-60 feet from the
ravine, which would necessitate cutting down trees. Would they also be eligible for a
r" one-for one replacement?
Vice Mayor Adamek responded that there is a need for subjectivity. Staff will be aware
of the extent to which a developer has worked with them in an attempt to minimize the
effect on the environment.
Mr. McCash stated that he would like to have additional clarification regarding the
application of the policy. He agrees that the current policy needs to be modified, but the
new proposal allows too much subjectivity.
Vice Mayor Adamek stated that all waivers are somewhat subjective. At a minimum,
the proposed policy provides some guidelines that a request would have to meet and
would enable staff to address the pending requests for waiver. It would need some
RECORD OF PROCEEDINGS
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Dublin City Council Meeting Page 9
DA'l'TON LEGAL BLANK INC. FOAM NO. 10148
Held January 16,2001 ,
(YEAR)
further work before an ordinance is drafted.
Mr. Reiner suggested that the policy be approved tonight by Council. Mr. McCash could
.-. then take the policy and draft any needed revisions for the permanent legislation.
,
Mr. McCash stated that he is concerned that the ordinance would then be deferred
indefini tel y.
Vice Mayor Adamek responded that several sections of the Code are currently being re-
evaluated; this can be included.
Mr. McCash agreed, suggesting that the policy be considered an interim policy and that
the formula be amended to change the 1,000 caliper inches to a graduated scale up to the
one-for one replacement. If a tree were 500 caliper inches, it would require a three-for-
one replacement; if it were 750 caliper inches, it would be a two-for-one replacement; if
it were 1,000 inches, it would be a one-for-one replacement. This would address the
citizen concerns he has received.
Mrs. Boring stated that Council has also received an e-mail concerning the preservation
of landmark trees.
Ms. Clarke clarified that a landmark tree is 24 inches or greater in diameter.
Mr. McCash suggested that his proposal be amended to exempt landmark trees from the
one-for-one replacement. Until the amendment is finalized, if the developer wants to
- remove a landmark tree, they have to present their case before Council.
Mr. Hansley stated that all waivers must come before Council for approval. The
proposed policy provides staff with a formula for developing a recommendation to
Council. Council retains the authority to disapprove the waiver due to landmark trees or
other unique considerations. The policy provides guidelines; the ordinance is the
controlling factor.
Vice Mayor Adamek indicated that he would like staff to consider the projected impact
of Mr. McCash's proposal for a graduated formula on small sites.
Mr. McCash responded that the graduated formula would help the smaller sites, as the
proposed policy still imposes a financial hardship for landowners of smaller sites.
Vice Mayor Adamek moved to refer the policy to staff with the direction to consider
incorporating a graduated scale similar to Mr. McCash' s proposal and to also address the
landmark trees in the interim policy. This policy will be used as a guideline until an
amended ordinance is prepared and adopted.
Mrs. Boring seconded the motion.
Vote on the motion: Mr. McCash, yes; Vice Mayor Adamek, yes; Mr. Peterson, yes; Mr.
Reiner, yes; Mrs. Boring, yes.
"""""
Mrs. Boring:
1. Referred to the invitation Council received to attend a Health Fair on Friday at
the McConnell Health Center, and inquired which Council members or staff
planned to attend.
No one indicated plans to attend.
Mr. McCash:
1. Stated that a resident had inquired about a posted sign regarding the A very-
Muirfield project that indicates the project would be completed in November
2000. He asked Mr. Kindra if the project is in fact completed.
Mr. Kindra responded that as far as the traffic improvements are concerned, the project
is complete. There are outstanding landscaping, painting, and a few other minor items to
..
RECORD OF PROCEEDINGS
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Dublin City Council Meeting Page 10
DAYTON LEGAL BLANK INC. FORM NO. 10148
Held January 16, 2001 ,
(YEAR)
be completed as soon as the weather permits.
Vice Mayor Adamek:
l"""'"- I. Thanked Mr. Hahn for forwarding the Grounds & Facilities capital improvement
project timeline to Council. It will assist Council members in responding to citizen
inquiries.
Mr. Adamek moved to adjourn to executive session for land acquisition matters.
Mr. McCash seconded the motion.
Vote on the motion: Mrs. Boring, yes; Mr. McCash, yes; Mr. Reiner, yes; Vice-Mayor
Adamek, yes; Mr. Peterson, yes.
Vice Mayor Adamek announced that the meeting would not be reconvened following the
executive session.
The meeting was adjourned to executive session at 8:10 p.m.
~.. C!.-.. ~,
Clerk of Council
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