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Home My WebLink About02/20/2001 I I I RECORD OF PROCEEDINGS ''''''''''''''_WM'''''''''''W''''''''''''''''"W'''''''MM"""Minut.eS"mof,"""""""'"'''M~'@'''''''M'_MM'"''",M'''''''''',''''MW'''''''''''M'M''M"'M''''''wm_''Mm''_w..D:t:lbtinwGit?"~lJIlGiJ"""'''''W''W,,,,,,,,",,,,ww'''Mwm,,,,,,,w,,w'@''''Mw-M'_MW,,,,,_,,,_,,,,,w,,,,,,,,,,~,,,,w,,,,,,,,,MeJ;:.tin.g'""'''''M@'''M''''''"'''''''"" DAYTON LEGAL BLANK INC. FORM NO 10148 Held February 20,2001 , (YEAR) Mayor Kranstuber called the Dublin City Council meeting of February 20,2001 to order at 7:00 p.m. Vice-Mayor Adamek led the Pledge of Allegiance. - Roll Call Council members present were: Mayor Kranstuber, Vice-Mayor Adamek, Mrs. Boring, Mr. Reiner, Mr. McCash, Mr. Peterson, and Ms. Chinnici-Zuercher. Staff members present were: Mr. Hansley, Mr. Ciarochi, Mr. Smith, Ms. Grigsby, Mr. Harding, Mr. Kindra, Mr. McDaniel, Mr. Gibson, Mr. Hahn, Ms. Puskarcik, Mr. Stevens, Ms. Crandall, Mr. Price, Ms. Heal, Mr. Husenitza, and Lt. Epperson. Approval of Minutes of February 5. 2001 Meetin~ Mayor Kranstuber moved approval of the February 5,2001 minutes as submitted. Ms. Chinnici-Zuercher seconded the motion. Vote on the motion - Mr. McCash, yes; Ms. Chinnici-Zuercher, yes; Vice-Mayor Adamek, abstain; Mr. Peterson, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mayor Kranstuber, yes. Correspondence The Clerk reported that a notice to legislative authority was sent to Council regarding a liquor permit for the future Giant Eagle to be located on Emerald Parkway, 400 feet north of Hard Road. Mr. McCash inquired if the law permits an application for a liquor permit to be made before the business has a building on the site. ,.......... Mr. Smith responded that an application may be made ifthe applicant has secured the site, but the permit will not be issued until there is a building on the site, which has been approved through the inspection process. Council had no objection to the issuance of the permit. Citizen Comments Mayor Kranstuber noted that several citizens are present tonight to comment on the Hawk's Nest Park issue. He requested Mr. Hahn to present an update. Mr. Hahn stated that staff is nearing completion of the design process for the Hawk's Nest Park, which has included resident input. In the final stage, one outstanding issue remains on which the neighborhood cannot agree, and that is whether to include a basketball court in the park design. In a final attempt to settle the issue, a single-item questionnaire was mailed to the 128 homeowners in the Hawk's Nest subdivision. Ofthe 79 questionnaires returned, 38 favored and 41 opposed the basketball court. Despite other attempts to gain consensus, none has been derived; therefore, staff seeks Council's . direction on whether to leave the basketball court in the design. Mayor Kranstuber noted that the Hawk's Nest residents present tonight favor the basketball court, and he requested a representative to present their comments. - Ms. Suzanne Hageman, 7645 Fulmar Drive, stated that the main reason they support inclusion of a basketball court in the park design is that they want a safe place in their neighborhood for adults and children to gather. She noted that the opposition has stated that a basketball court would attract people who are not Hawk's Nest residents, and this would result in lowered property values. She stated that there is no reason to believe that this would result in lowered property values. Mr. McCash inquired ifthe residents understood that this would be a city park, which means that residents from other neighborhoods may use the park. Ms. Hageman indicated that was understood. I I I I . II" 1.1 ill" 1:, iL ,.hkLI:. + }Ii }, [Iii 11.....'.'.1' RECORD OF PROCEEDINGS ",,,,,,m_,,,.,,,",,w_,,,,,,,,,,,,mm.@,,,_,,,,,.,,,,,,,,,,,.,,,,,,,,,,Minutes,,,.of,,,,,.,,,,.,,,""."'@Mw"'.w"''''''''''''''''m''''''''''''mw'''m@,,,,.,,.,,,,,,,,,,,_,,,_,_,,,,~_,,,,,,,,D:tl,bl.:it:1-Cit:Y~tlI1GiL"'m_""''''''mw,,,,,,,w",,m''''''.,,''''_''''m'''M''''''_'''''"",,,,,,,,.,,,.~ag.e.,,l-,."'."'''''''''mM.ee1ing_,,,,,,,,,,,,,,,,,_,,,,, DAYTON LEGAL 8LANK INC. FORM NO 10148 Held February 20,2001 , (YEAR) . Mrs. Boring stated that she has spoken with two Hawk's Nest residents and has obtained a map of the anticipated park area. It is a large open space. She noted that although she understands the concerns opposing a basketball court, this appears to be the ideal location for an active park. The City's goal is to provide as many safe places as possible for such -~ gatherings. This would also have the advantage of replacing some street traffic with foot " or bicycle traffic. She indicated support for retaining the basketball court in the design. ~.- Mr. Adamek stated that his neighborhood recently resolved a similar issue with a compromise for a rounded court. He inquired if this idea had been considered in this situation. Mr. Hahn responded that it had; however, those residents in favor of the court support a full court. He noted that Wyndham, Wellington and Trinity subdivisions had encountered similar contentions due to the concern that a basketball court could result in a nuisance situation. However, within Dublin, there has been no history that confirms those fears. He added that concern about noise is also unsubstantiated, as the park is separated from the residences on the north by the street, and a large open space will provide a buffer between the park and the residences. Mr. McCash noted that opposition to a basketball court 200 feet away from the nearest residence appears unreasonable in view ofthe fact that homeowners often erect basketball hoops and lights in individual driveways. Mr. McCash inquired if this issue was advertised, so that the opposing residents could present their view. Mr. Hahn stated that it was not an advertised agenda item. --- Michelle Sparrow. 7721 Kestral Way West, stated she serves as chairperson of the Landscape Committee for Hawk's Nest. Recently, she has worked with staff regarding the park project for Hawk's Nest, including speaking before Council last fall to petition for its priority in the budget. She has followed its development. Since the survey regarding the basketball court was due this past Friday, she called that day to inquire if the City had made a decision. She was informed that the results of the survey revealed a continued SO/50 split in the neighborhood opinion, so the issue would be referred to Council at this meeting for direction. She decided to attend this meeting and informed other residents of the meeting, who called her to inquire about the status of the park. Mr. Reiner stated that staff maintains a close contact with the subdivisions. In the unlikely event that the basketball court should become a nuisance, it could easily be remedied by being removed. Ms. Chinnici-Zuercher noted that the concern that local parks will attract people from outside the immediate subdivision has arisen on other occasions in recent months. She suggested that the Community Relations division clarify in upcoming City publications that City parks are not provided for the sole use of individual subdivisions but are intended to be used by all the residents. Mayor Kranstuber moved to approve the park as designed with the basketball court. ~ Mrs. Boring seconded the motion. Vote on the motion: Mr. Peterson, yes; Mr. Adamek, yes; Mr. McCash, yes; Mrs. Boring, yes; Ms. Chinnici-Zuercher, yes; Mr. Reiner, yes; Mayor Kranstuber, yes. Wallace Maurer, 7451 Dublin Road, stated that at the last Council meeting he was dismayed to observe City Council members expressing hesitancy about continuing the annual goal-setting session for Council. He stated that if Council discontinues its role of visioning for the City, the future of the City becomes limited. Since Dublin is perhaps the wealthiest suburb ofthe City of Columbus, it has the opportunity to take innovative steps, thus becoming a leader in the State, the nation, and the world. He suggested that Council could take steps to minimize the increasing gap between the wealthy and the poor in its own community, for instance, by developing a plan that would offer computers I Ii I Lil I i ., I'i WI/Ill. I nUt} i!ii I I I i~:"'j:t~kl RECORD OF PROCEEDINGS ""*wm"""m""@",,,ww,"wm,,",,,,,,,m,@,,,,m,,,.,,.,Minutes..ofw,,,,w,,,,@'@""mw,@@W,m@w"m"w"",,,,,,,,,,,,,w,,,,,,,,.~.,,,,.,@~.,,w,@wwI);u.b.l.in".city""CGUucilmw,m,"w,,,,"w.@'''m.ww'''mw,,,,,ww,'~'',''''m,mw"*",,,l?.age,,3.,,,,,,w_,,,,Meeling,,.w,,,,,w,,,,.ww,,, DAYTON LEGAL BLANK INC FORM NO. 10148 Held February 20,2001 , (YEAR) to families with a limited income. Mr. Maurer also suggested that Council should consider allowing more dense residential development. Dense development can be accomplished in a highly desirable manner, as evidenced in the neighboring community of Minerva Park. -. Staff Comments Mr. Smith noted that the update on the status of the Shoppes at Athenry code violations, which was to have been provided to Council for this meeting, will be forwarded to Council within the next week. Mr. Kindra noted that the street lights on Blazer Memorial Parkway between Tuttle Crossing and Rings Road were activated today. Mr. McDaniel (1) Referred to the memo provided to Council regarding the outdoor pool. He noted that consultants have concluded their studies of the water filter problem, and it is anticipated that the cost of addressing the problem will exceed the amount originally budgeted. (2) Reported that staff has met to discuss recommendations regarding fee waivers related to the Tree Preservation Ordinance. Staff is continuing to work on those calculations and will provide a recommendation for the next Council meeting. (3) Concluded with the information that the Ohio Parks and Recreation Association recently awarded five awards to Dublin. Two facility awards were awarded for Phase 2 of the Recreation Center and for Wellington Park, and three awards for Recreation Division programs. ...- Ms. Puskarcik (1) Introduced Dublin News reporter, Jonathan Athens, who replaces Chris Schott. Mr. Athens has previously covered Reynoldsburg and Bexley. (2) Announced that the Year 2001 Grand Leprechaun is former Council member, Danny Sutphen. LEGISLATION PUBLIC HEARING/SECOND READING - ORDINANCES Ordinance 11-01 - An Ordinance Authorizing the Purchase of a 2.63 Acre Parcel Located at 6375 Woerner-Temple Road for the Purpose of Acquiring Additional Parkland, and Declaring an Emergency. Mr. Smith stated that this is a voluntary sale of property on the south side of W oerner- Temple in conjunction with the golf course development. The price was agreed upon following an appraisal ofthe property. Mayor Kranstuber moved to treat this as emergency legislation. Mr. Adamek seconded the motion. Vote on the motion: Mr. Peterson, yes; Mr. Adamek, yes; Mr. McCash, yes; Mrs. Boring, yes; Ms. Chinnici-Zuercher, yes; Mr. Reiner, yes; Mayor Kranstuber, yes. Vote on the Ordinance: Mr. Reiner, yes; Mr. Adamek, yes; Mr. Peterson, yes; Mr. McCash, yes; Ms. Chinnici-Zuercher, yes; Mrs. Boring, yes; Mayor Kranstuber, yes. - Ordinance 13-01- An Ordinance Amending Section 37.03 of the Dublin Codified Ordinances to Increase the Competitive Bidding Threshold to $30,000. Mr. Harding stated that at the last meeting the question was raised as to the types of projects for which competitive bidding would no longer be required if the threshold is raised. Some items would be: (1) Recreation Center apparel (2) stationery (3) dry cleaning service. As the City grows, there is a need for staff to handle procurement of these items with a more efficient process. He clarified that, although the limit for solicitation of bids would be raised, staffwill continue to solicit more than one quote on these items in order to secure the best price. Vote on the Ordinance: Mr. Adamek, yes; Mayor Kranstuber, yes; Mr. Reiner, yes; Ms. Chinnici-Zuercher, yes; Mrs. Boring, yes; Mr. McCash, yes; Mr. Peterson, yes. I I I I il" y, Ii i1iiJII .. :it /: .... 11.1 , , , RECORD OF PROCEEDINGS "w""",ww",@",,,,,wwm,,m,,,,m,,,mw,,.,,,,w,,mwMinule..s,,,,oi,,,,,,,_,,,,,,,,,,"""'''''''''''''''''''''''''W'''''''''''''''''''''''''''''''Ww''W''_''''m~mm''','''''',,,@."Dub1m""City"CouJ1G.i,lw"""",,,,,w",,,,,,.w,,,,,,,w,w,,,,,w,-,,,,,,,,,,,wm,,,,,,,w,:R,ag€,,,4",,,,.",wmw,,Me,,e~,w,,,_w,,,,,,w"m'" DAYTON LEGAL BLANK INC. FORM NO 10148 Held February 20, 2001 , (YEAR) INTRODUCTION & FIRST READING - ORDINANCES Ordinance 16-01 - An Ordinance Adopting the 1999 Edition of the National Electrical Code. Vice-Mayor Adamek introduced the ordinance. r Mr. Price stated that the National Electric Code is prepared on a nationwide basis to provide guidelines for the technical installation and safe use of electrical products and construction methods. The 1999 edition is the most current edition and would supplant the 1996 edition of the Code, which Dublin last adopted. Mr. McCash clarified that this is for residential construction, as the commercial Code is already adopted by reference. There will be a second reading/public hearing at the March 5th Council meeting. Ordinance 17-01 - An Ordinance to Amend Section 150.00 of the Dublin Codified Ordinances CABO One, Two and Three Family Dwelling Code, Adopting the 1999 Ohio Residential Code. Vice-Mayor Adamek introduced the ordinance. Mr. Price noted that the Ohio Residential Code has evolved from the original document, the International Building Code, which was once used nationwide, In compliance with the State directive that there be a unified code that communities could adopt for residential purposes, this Code has been revised for the state of Ohio and is now called the "Ohio Residential Building Code." It regulates the construction of one, two, and three-family dwellings. He has read the record of Council's last review of this proposed legislation and noted the questions raised regarding the minimum code for stairs. The 1999 Code provides for a steeper step as its minimum. He recommends that the 1999 edition ofthe Code be approved to replace the current 1995 edition. - Mr. McCash noted that he will be providing Council with information supporting a return to the 7'%" x 10" standard, which is the national standard. It was changed back to the 8lf4" x 9", because the BIA and home builders did not want to modify their plans. Borror Corporation actually uses the 7'%" xl0" as their residential standard. Since the standard for public buildings is 7" x II", the 7'%" x I 0" is closer to a uniform standard for public and private stairs. There will be a second reading/public hearing at the March 5th Council meeting. Ordinance 18-01 - An Ordinance Creating a Procedure for Issuing an Event Permit. Vice-Mayor Adamek introduced the ordinance. Mr. Hansley noted that Ordinances 18-01 and 19-01 were developed in response to previous Council discussion and subsequent direction for legislation to replace the current administrative process. He added that both ordinances are a result of extensive work by the staff of Community Relations, the City Manager's office and the Legal department. Mr. McCash stated that he believes Council's direction was to clarify the circumstances under which a permit would/would not be issued, for example, in situations of Temporary Certificates of Occupancy, zoning violations or citations. He does not believe the proposed legislation does that. Mr. McCash moved to refer this ordinance to Public Services Committee for review and - recommendation to Council. Mr. Reiner seconded the motion. Vote on the motion: Mr. Reiner, yes; Mr. Adamek, yes; Mr. McCash, yes; Mr. Peterson, yes; Ms. Chinnici-Zuercher, yes; Mrs. Boring, yes; Mayor Kranstuber, yes. The Public Services Committee meeting was scheduled for 5 :30 p.m., March 5t\ preceding the regular Council meeting. Ordinance 19-01 - An Ordinance Creating a Procedure for Issuing a Community Celebration Permit. Vice-Mayor Adamek introduced the ordinance. Mayor Kranstuber moved to refer the ordinance to Public Services Committee for review and recommendation to Council. I I I "I :1 i: Ii: II 'I Iii' ..1 .' !,!}! Iii .~ "". '1",."".'....).-..."..-.,..lT... RECORD OF PROCEEDINGS 'mm"'~"'w"m"m""'"mmm"mw""wmmmm,,,,w,MinuleSm,oim.m''',@''"'mm"@"""~"'m,"'M'.""'mM'Mm'mm""w'MW''''mm'mm,Pmmp@m''w~mm""p",D;lJ,b1i4),mC,it~,~tln~iJM'W""."m_"_mp_"M,".m~m~'mM"''''''mM"'mmm,J;!,ag.em"5p"_''mp,~,,M,,e,elingm''~''Mm.'''mww DAYTON LEGAL BLANK INC. FORM NO 10148 Held February 20,2001 , (YEAR) Mr. Reiner seconded the motion. V ote on the motion: Mrs. Boring, yes; Mr. Adamek, yes; Mr. Peterson, yes; Ms. Chinnici-Zuercher, yes; Mr. Reiner, yes; Mr. McCash, yes; Mayor Kranstuber, yes. ~ Ordinance 20-01 - An Ordinance to Accept the Lowest and Best Bid for the Dan Sherri Avenue Cul-De-Sac and Watermain Improvements/Blacksmith Lane Retaining Wall and Stormwater Improvements 2001 Project for the City of Dublin, and Declaring an Emergency. Vice-Mayor Adamek introduced the ordinance. Mayor Kranstuber moved to treat this as emergency legislation and to dispense with the public hearing. Mr. Adamek seconded the motion. Vote on the motion: Mr. Peterson, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr. McCash, yes; Mayor Kranstuber, yes; Mr. Adamek, yes; Ms. Chinnici-Zuercher, yes. V ote on the Ordinance: Mayor Kranstuber, yes; Mr. Adamek, yes; Mr. Peterson, yes; Ms. Chinnici-Zuercher, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr. McCash, yes. Ordinance 21-01 - An Ordinance to Appropriate a 0.284 Acre, More or Less, Bikepath Easement and a Combined 0.101 Acre, More or Less, Temporary Construction Easement, from Berean Bible Church, Located West of Dublin Road (Dublin-Bellepoint/S.R. 745), City of Dublin, County of Franklin, State of Ohio, and Declaring an Emergency. [Dublin Road Bikepath - 2001] Vice-Mayor Adamek introduced the ordinance. Mr. Smith stated that this ordinance, as well as the three that follow, are for the Dublin Road bikepath. Pursuant to Council's direction, staff is proceeding with the plan - previously submitted. These ordinances authorize the Law Director to file appropriation ,. cases, but in keeping with the usual procedure, legal staffwill attempt to negotiate an agreement with each landowner. Ifunsuccessful, the case would then be filed. Wallace Maurer. 7451 Dublin Road, stated that preceding the February 5th Council meeting, he met with legal staff regarding purchase of his land and was offered $15,000 for the land and an additional $15,000 oflandscaping. He inquired how those figures were developed. Mr. Smith responded that the City is legally required to have the land appraised. Mr. Maurer asked if a consideration was made for the resulting drop in property value. Mr. McCash stated that the price would be determined by the appraisal, which would include a consideration for residual damage. Mr. Smith responded that Mr. Maurer would have the opportunity to refuse the Legal Department's offer and to retain another appraiser. Mr. Maurer indicated that he has already had an appraisal done. Mayor Kranstuber moved to treat this as emergency legislation and to dispense with the .-- public hearing. Ms. Chinnici-Zuercher seconded the motion. V ote on the motion: Mr. Reiner, yes; Mr. Peterson, yes; Ms. Chinnici-Zuercher, yes; Mayor Kranstuber, yes; Mr. McCash, yes; Mrs. Boring, yes; Mr. Adamek, yes. Vote on the Ordinance - Mr. McCash, yes; Mr. Adamek, yes; Mr. Reiner, yes; Mr. Peterson, yes; Mrs. Boring, yes; Ms. Chinnici-Zuercher, yes; Mayor Kranstuber, yes, Ordinance 22-01 - An Ordinance to Appropriate a 0.016 Acre, More or Less, Bikepath Easement, from Theodore M. Daroski and Kimberly A. Daroski, Located West of Dublin Road (Dublin-Bellepoint/S.R. 745) and North of Brand Road, City of Dublin, County of Franklin, State of Ohio, and Declaring an Emergency. [Dublin Road Bikepath - 2001] Ii' I I .I:L ,U:iii.!li, .lii1J! 'LLJI J ",)i .. ii,! RECORD OF ORDINANCES Dublin City Council Page 6 Dayton Legal Blank, Inc. Form No. 30043 Ordinance No. February 20]>2001 .20 assed Ordinance 23-01- An Ordinance to Appropriate a Combined 0.180 Acre, More or Less, and a 0.232 Acre, More or Less, Temporary Construction Easement, from A.E. Wallace Maurer, Located West of Dublin Road (Dublin-Bellepoint/S.R. 745), ,........ City of Dublin, County of Franklin, State of Ohio, and Declaring an Emergency. [Dublin Road Bikepath - 2001] Ordinance 24-01 - An Ordinance to Appropriate a 0.011 Acre, More or Less, Bikepath Easement and a 0.060 Acre, More or Less, Temporary Construction Easement, from R. Kenneth Webb and Mary D. Webb, Located West of Dublin Road (Dublin-Bellepoint/S.R. 745), City of Dublin, County of Franklin, St,ate of Ohio, and Declaring an Emergency. [Dublin Road Bikepath - 2001] Mr. Adamek introduced the ordinances, moved to waive Council's Rules of Order in order to treat Ordinances 22-01, 23-01 and 24-01 as one group, and to have the names of the property owners read into the record. Mayor Kranstuber seconded the motion. Vote on the motion: Mr. Reiner, yes; Mrs. Boring, yes; Ms. Chinnici-Zuercher, yes; Mayor Kranstuber, yes; Mr. McCash, yes; Mr. Peterson, yes; Mr. Adamek, yes. Mayor Kranstuber moved to dispense with the public hearing and treat Ordinances 22-01, 23-01, and 24-01 as emergency legislation. Mr. Reiner seconded the motion. V ote 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. V ote on the Ordinances: Mr. McCash, yes; Mayor Kranstuber, yes; Mr. Reiner, yes; Mr. Peterson, yes; Mrs. Boring, yes; Ms. Chinnici-Zuercher, yes; Mr. Adamek, yes. ~ Ordinance 25-01- An Ordinance Providing for a Change in Zoning for 1.718 Acres Located on the North Side of Tuttle Road, 500 Feet West of Emerald Parkway, From: PCD, Planned Commerce District, To: peD, Planned Commerce District (Tuttle Crossing West Corridor - Minor Revision - Creation of Subarea A-I - 5510- 5490 Tuttle Road - File No. 01-017Z). Mr. Adamek introduced the ordinance and moved for referral to Planning and Zoning Commission. Mr. Peterson seconded the motion. Vote on the motion: Mr. McCash, yes; Mr. Adamek, yes; Mr. Peterson, yes; Mrs. Boring, yes; Mr. Reiner, yes; Ms. Chinnici-Zuercher, yes; Mayor Kranstuber, yes. INTRODUCTION & PUBLIC HEARING - RESOLUTIONS Resolution 11-01 - A Resolution to Set Forth a Statement of Services to be Provided to the Area in a Proposed Annexation of 140+/- Acres from Jerome Township, Union County to the City of Dublin, Ohio as Required by Section 709.031 of the Ohio Revised Code. (Norman L. Malik, et at, Harrison W. Smith, Jr., agent for petitioners) Mayor Kranstuber introduced the resolution. Mr. Hansley noted t hat the City is required b y State statute top rovide a statement 0 f services pending the annexation hearing by the County commissioners. This land is west - of Riviera Country Club and north of the new high school site. Mrs. Boring clarified that this is in Dublin school district. She inquired if Washington Township Fire Department would be required to build another fire station to service this area. Mr. Hansley stated that this is in Jerome Township. Both Jerome Township and Washington Township Station 93 respond to calls prior to the annexation and will continue to do so following the annexation. Mr. Adamek inquired if this land is within Metro Park's desired purchase area. Mr. Hansley stated that it is not. Mr. Reiner inquired about the intended land use. Mr. Hansley stated that staff assumes it will be residential development. RECORD OF PROCEEDINGS ""_mm."_m"wmw"_,,,,_,m",,,m@,,,,mmm,,,,,,,,MinuleS..of,,,,m,,,,@,,,,,,m,,,,,,m"""m"m"".",m"""_m'wm"""_""'''''''''''''''_'''@'''''''mm''_''''''''m.m"''''',O~"m,,,Ci1jL,,,,~nciL,,"m"m""""""'_"'''''''''@m.,,,,,,,,,,w''m''mw''m'''''m''''mmm''"""""l?"ag.e"""1?".,.,,,,,,,,,,,*,,Me,eti~,,,,"'''''''"''mm'''''w,,,,,,, DAYTON LEGAL BLANK INC. FORM NO 10148 Held February 20,2001 , (YEAR) Mr. McCash inquired if this area falls within the area where the City has difficulty providing sewer service. Mr. Kindra stated he does not know. Mr. McCash noted that if the City cannot provide sewer service to that area, it should not - be annexed. Mr. Hansley responded that the statement only indicates that the land is within the contract area. Any service needs would be negotiated between the property owners and the City at a later date. Mr. Smith stated that Council would later have the option of rejecting the annexation, if it is unable to service the area. Vote on the Resolution: Mr. Reiner, yes; Mr. Peterson, yes; Ms. Chinnici-Zuercher, yes; Mr. Adamek, yes; Mayor Kranstuber, yes; Mr. McCash, yes; Mrs. Boring, yes. Resolution 12-01 - A Resolution Directing the Development of a Municipal Electric Aggregation Program Plan of Operation and Governance and to Conduct Necessary Public Hearings. Mayor Kranstuber introduced the resolution. Mr. Hansley stated that this formalizes the direction of Council at the February 5th meeting to staff to proceed with exploring this concept. Vote on the Resolution: Mr. McCash, yes; Mr. Adamek, yes; Ms. Chinnici-Zuercher, yes; Mr. Peterson, yes; Mr. Reiner, yes; Mayor Kranstuber, yes; Mrs. Boring, yes. Resolution 13-01 - A Resolution Adopting a Sign Policy for Certain Recognition Signs. Mr. Adamek introduced the resolution. - Mr. Hansley stated that this also formalizes direction given by Council at the February 5th meeting to staffto proceed with this method of honoring the school athletic teams. Ms. Chinnici-Zuercher inquired if this is limited to athletic teams. Mr. Hansley stated that his interpretation is that it would include any other competitive teams the school wished recognized. Vote on the Resolution: Mr. McCash, yes; Ms. Chinnici-Zuercher, yes; Mayor Kranstuber, yes; Mr. Reiner, yes; Mr. Peterson, yes; Mr. Adamek, yes; Mrs. Boring, yes. Resolution 14-01 - A Resolution of Intent To Appropriate a 0.0641 Acre, More or Less, Temporary Construction Easement, From Avery Land, Located East of Avery Road, South of Woerner-Temple Road and North of Rings Road, City of Dublin, County of Franklin, State of Ohio. Resolution 15-01 ~ A Resolution of Intent to Appropriate a 0.5356 Acre, More or Less, Fee Simple Interest, and a 0.1192 Acre, More or Less, Temporary Construction Easement, From Donald S. Dearth and Betty M. Dearth, Located East of Avery Road, South of Woerner-Temple Road and North of Rings Road, City of Dublin, County of Franklin, State of Ohio. [Ballentrae Golf Course - A very Road] Resolution 16-01 - A Resolution oflntent to Appropriate a 0.1453 Acre, More or Less, Fee Simple Interest, From Dennis J. Hoffer, Located East of Avery Road, South of Woerner-Temple Road and North of Rings Road, City of Dublin, County -- of Franklin, State of Ohio. [Ballentrae Golf Course - A very Road] Resolution 17-01 - A Resolution of Intent to Appropriate a Combined 1.4693 Acre, More or Less, Fee Simple Interest, and a 0.1186 Acre, More or Less, Permanent Utility Easement, From Bates Property Management, Located North of Shier-Rings Road and West of Eiterman Road, City of Dublin, County of Franklin, State of Ohio. [Ballentrae Golf Course - Eiterman Road] Resolution 18-01 - A Resolution of Intent to Appropriate a 0.3681 Acre, More or Less, Fee Simple Interest, From Eiterman/Post Limited Liability Company, Located North of Shier-Rings Road and East of Eiterman Road, City of Dublin, County of Franklin, State of Ohio. [Ballentrae Golf Course - Eiterman Road] I i I I . :lliii Ii!. II i illll ;"!>;:,,I Ii>;i ' RECORD OF PROCEEDINGS r"M"mM~m'mMMm"M~M'Mc"mw'~"MM""'mm.w""Minu1es".oi"mM@'M"MM"M"'M"'''mMmm''''~'''CWM'mM''m.''''cmWMmM"m''c"M@CM''_MM,''mM'''_M,m",,,,Dul::l.li1:l,,,C:it)LMCo.uncilwm"'M'M"@'''cc''MMm''''_M.N~_MM,,c_MM''''""M",m]?~e"Z"',mmMmwMMe"e1ingmM,mw""cMM"m"mMMc Held February 20,2001 , (YEAR) Resolution 19-01 - A Resolution of Intent to Appropriate a 0.2940 Acre, More or Less, Fee Simple Interest, and a 0.0402 Acre, More or Less, Permanent Utility Easement, From Fellowship Baptist Church of Dublin, Located North of Shier- Rings Road and East of Eiterman Road, City of Dublin, County of Franklin, State ,......., of Ohio. [Ballentrae Golf Course - Eiterman Road] r r Resolution 20-01 - A Resolution of Intent to Appropriate a 0.7022 Acre, More or Less, Fee Simple Interest, and a 0.1759 Acre, More or Less, Permanent Utility Easement, From Hearthstone Management Company, Located North of Shier-Rings Road and East of Eiterman Road, City of Dublin, County of Franklin, State of Ohio. [Ballentrae Golf Course - Eiterman Road] Resolution 21-01 - A Resolution of Intent to Appropriate a 0.5027 Acre, More or Less, Fee Simple Interest, from Jim Moro, Located North of Shier-Rings Road and East of Eiterman Road, City of Dublin, County of Franklin, State of Ohio. [Ballentrae Golf Course - Eiterman Road] Resolution 22-01 - A Resolution of Intent to Appropriate a 1.1653 Acre, More or Less, Fee Simple Interest, From Steve Young and Sally Young, Located North of Shier-Rings Road and East of Eiterman Road, City of Dublin, County of Franklin, State of Ohio. [Ballentrae Golf Course - Eiterman Road] Mr. Adamek introduced the resolutions and moved to waive Council's Rules of Order in order to consider the group with one action, and to have the names of the property owners read into the record. Mayor Kranstuber seconded the motion. ....-.' Mrs. Boring inquired if Mr. Hoffer is aware ofthis action. Mr. Smith indicated that he is. V ote on the motion: Mr. McCash, yes; Mr. Reiner, yes; Mr. Peterson, yes; Mayor Kranstuber, yes; Mr. Adamek, yes; Mrs. Boring, yes; Ms. Chinnici-Zuercher, yes. Vote on the Resolutions: Mayor Kranstuber, yes; Mr. Peterson, yes; Mr. McCash, yes; Mr. Reiner, yes; Ms. Chinnici-Zuercher, yes; Mrs. Boring, yes; Mr. Adamek, yes. OTHER Wyandotte Woods. Section 2 - Stormwater Detention Waiver Mr. Kindra stated that the developer is ready to finalize plans for Section 2. However, if current City regulations are enforced, a significant number oftrees will be destroyed. Staff recommends that the City consider a partial waiver and a return to the previous MORPC regulations with no detention requirements. Staff believes it will still be possible to manage the stormwater runoff under the MORPC guidelines. Staff recommends approval of this request, which will result in saving 131 mature trees. Charles Driscoll. Edwards Land Company. stated that he is aware that a decision to either detain the stormwater or save the trees is difficult. He pointed out that the stormwater outlet for this property is a ravine, which proceeds down to the river. The site is also on a rock base, so there is no danger of flooding homes. He added that only 40 of the 84 acres in this watershed belong to the developer. There are three options: -- (1) No detention, which was the alternative chosen by Council seven years ago as part of the original zoning. All of those plans were stamped "no detention." This choice would save all the trees. (2) The current Dublin standards, which would affect 382 trees on 3.8 acres. (3) The current MORPC standard, which is used in most of Franklin County, which would affect 238 trees, or 60% of the Dublin standard. He added that the plan under the original zoning provided for four cul-de-sacs to be located in the area near the ravine. They have revised the plan, eliminating two of the cul-de-sacs, but retaining the same number of lots by repositioning them further from the ravine along a boulevard. This change has also saved an acre and a half of the woods, or approximately 150 trees. He concluded that they would be satisfied with either no detention requirements or the MORPC standard alternatives. '"'''''''''' RECORD OF PROCEEDINGS .""""""'~,_"""'''''''''''''''_"c''''''''~''mw,''mm",Minutes""Qfm'''''''''~'''"w'""m"mw,,,,w,"'m"''''''''_''m''''@,'''',@m'''"'''@m~'''_m,,,''''@''mm''m'',mwmI)yhli;t:lw,Ci-t~,",C.ou11CiL"_m@""@m'~"'''''m.'''m'mm_''''''''m_mm''mm""l?.a.ge_S:L"m.w_,~.eting"~mw"_""m","w" DAYTON LEGAL BLANK INC. FORM NO. 1 0148 Held February 20,2001 , (YEAR) Mrs. Boring stated that Council addressed this in an earlier consideration of Wyandotte Woods, Section 1. She corrected Mr. Driscoll's assertion that the original plans were stamped "no detention," pointing out that the minutes specifically clarified "for the record that this waiver does not include the 195 acres to the north." She added that: (1) l"""- on the map provided with the application, she was unable to determine the location ofthe proposed detention ponds nor at what locations the proposed elimination would occur; (2) according to the City's recently adopted stormwater management policy, exemptions are no longer permitted; and (3) it would be advisable to have this reviewed by Camp, Dresser & McKee (CDM), as was requested for Section 1. Mr. Kindra responded that the request has not been reviewed by CDM, as staff did not consider this to be a complicated issue. Mr. Driscoll indicated to Council the location of the ponds on the maps. Mrs. Boring noted that the City's stormwater ordinance, under "Exemptions," indicates that within the Scioto River Corridor, parcels located between S.R. 745 and S.R. 257, which are directly tributary to the Scioto River, are exempt. Mr. Kindra responded that is correct, and it was impossible to foresee this type of situation arising. At that time, the tree ordinance had not passed, and the emphasis on trees was not as significant as it is now. With the current emphasis on tree preservation, however, it seemed reasonable to make a waiver in favor of the MORPC regulations over current City regulations. He added that adhering to MORPC regulations will still result in a reduction in stormwater runoff into the river from this land. ..-.. Mrs. Boring inquired if all three detention ponds would remain, but would be smaller in SIze. Mr. Kindra confirmed that they would. Mrs. Boring stated that a similar exemption was allowed in Wedgewood Hills for the same reason, which resulted in problems. As there have been frequent flooding situations along S. R. 257, the goal was to solve that problem. Mr. Kindra noted that in the Wedgewood Hills situation, the City's new regulations were not yet in place. Also, the resulting problem she refers to was construction related. Staff is confident that using the MORPC regulations is adequate. Mr. Reiner inquired about the contours. Will there be natural drainage, or in the denser Homewood development, will this be accomplished through piping? Mr. Kindra indicated that homes will be piped to the detention basins. Mr. Adamek inquired if the area between the two ponds was a treed area, and if so, if the City would lose those trees. -- Mr. Driscoll responded that, following MORPC standards, the intent is to leave the trees intact. Mr. Adamek asked if the developer would be willing to replace the trees, if they were impacted by heavy equipment and saturation, in return for the City allowing the lesser standards. Mr. Driscoll agreed, indicating that it was in the developer's best interests to have the trees survive. Mr. Reiner inquired if the earth excavated for construction of the ponds would be moved out or graded into the general vicinity of the ponds. RECORD OF PROCEEDINGS r""'M""""_'''''''''''mMm__M___,''''~''m""w",,,MinutelLoi'M'''__''''M''""",'m""c,.~M""""''''''W_''''M'''''m",,,w,,,w''''mwm''m''_,~''m"''MM''m,,,D;LlWinm.CitJ!w~tl.G:iJwmw"'_"'--M"""'MWm"m"_"~_M'M'''mM'''''''M.mM".Eage@l~M'''m''''mM,e.eting_''@m''__'~''mm''' Held February 20, 2001 , (YEAR) Mr. Driscoll responded that there will be two access points where the storm sewer will discharge into the ponds. During construction, those will be used as roads on which to move the dirt out of the immediate area of the pond. ,......... Mr. Reiner asked if the only damage to the natural forest will be the construction access for equipment, and if the intent is to remove all the soil and have it taken off site without attempts to grade it into the area oftrees. Mr. Driscoll confirmed that is the intent. Mr. Reiner inquired how the bottomless pond would be treated in order to hold water with all the fissures in the rock. Mr. Driscoll stated that ifthere are extensive fissures in the rock, and the water is leaking into those, it would simply indicate that less water is flowing into the above ground stream and more is flowing into the underground stream. Mrs. Boring moved to direct staff to request CDM review this and prepare a recommendation for Council. Mr. McCash seconded the motion. Mr. Hansley pointed out that CDM will tend to review it on a stormwater basis only, without consideration for all the trees. The question before Council is, what is the balancing point between stormwater and tree preservation issues? Discussion continued. .~ V ote on the motion: Mrs. Boring, yes; Ms. Chinnici-Zuercher, yes; Mr. Reiner, yes; Mayor Kranstuber, yes; Mr. Adamek, yes; Mr. Peterson, no; Mr. McCash, yes. Mayor Kranstuber asked Mr. Kindra to request the results of the study within three weeks to ensure that the report would be available for Council to review in four weeks. Mr. Reiner asked Mr. Gibson to refer to the Planning Division Council's request for sufficient preliminary planning to avoid such dilemmas in the future. Staff could either require larger lots or a different program, so that Council does not have future decisions to make in order to balance stormwater issues with tree preservation. Policy Regarding Fee Waivers Related to the Tree Preservation Ordinance Mr. Ciarochi reported that, as Mr. McDaniel indicated earlier, staff has met twice on this issue, and it has proven to be difficult to develop the policy. Calculations are still being made, and staff will provide a report for the next Council meeting. Council Round Table/Committee Reports Mr. Peterson: 1. Referred to Mr. Ciarochi's Letter to the Editor regarding Tara Hill, and asked staffto forward some of that information to Nancy Zangmeister, president of Indian Run Civic Association. - 2. Referred to the update from Greg Jones regarding zoning code violations. He inquired about the reason for two years of inactivity on the zoning code enforcement. Mr. Ciarochi responded that it is his understanding that this was due to the City's attempt to work with Old Dublin businesses and residents on proactive measures versus strict code enforcement. Ms. Chinnici-Zuercher: 1. Referred to a brochure she has placed in the foyer entitled, "The Air We Breathe," a project of the Columbus Health Department. There is an opportunity for residents to participate in one ofthe forums, which will be held at the Dublin Library on May 8th. RECORD OF PROCEEDINGS """'_"mm"'m"m"'_m"m"''''''mm''''''''~''''m"Minute~",of",wmm,,,,,,,,w.m''''mmMmm'm'm'@.mm@m"@"'mw",w"mw"'~"'m,,,.w"'_"m'M~m,,,,,D;u,b1iJ:"l.,,,,City,CQ,unciL",,,,,,,,mm,mmm,m,,,.m,,,mmmm,,,,,mmw,,,,,m,,,,,w,,w,,,,,,m,,,,,,,}?,age-"lml,,,,mm,,,mM,,e,,eting,,,m,,,,,m"m_m_,m,,,. DAYTON LEGAL BLANK INC. FORM NO. 10148 Held February 20, 2001 , (YEAR) 2. Stated that the MORPC Annual Meeting is April 19th. At that meeting MORPC presents the regional leadership award. If anyone has a recommendation, please share it with Mr. Hansley. 3. Inquired if anyone attended the OML meeting last Friday, at which the annexation ......... bill was to be discussed. Mr. Ciarochi responded that he attended that meeting. The basics of Senate Bill 5 were reviewed and several issues identified as concerns to municipalities. One concern is regarding the reimbursement schedule to the townships for the annexations in which the land is withdrawn from the township. Although there is a Senate subcommittee meeting on Wednesday, the House is not expected to schedule a hearing until later in the year. Mr. Adamek: 1. Referred to an earlier Council meeting where the stormwater issues in Old Dublin were discussed, particularly those on Blacksmith Lane. He noted that Mr. Kindra had subsequently forwarded a follow-up memo to staff. He asked Mr. Kindra if a stormwater runoff problem was identified in that area, and if so, if he recommends that a consultant be retained to study the problem. Mr. Kindra confirmed that there is a problem. Staff is preparing a complete and comprehensive report on this problem for the Community Development Committee scheduled next month. Mayor Kranstuber: 1. Inquired about the status of the Children's Hospital urgent care signage issue. Recently, a news article reported an incident in which a child went into cardiac arrest, and the father was unable to locate the Dublin Children's Hospital urgent care facility. ~ The Mayor stated that he recently spoke with the administrator at Children's Hospital who shared that the hospital consistently receives complaints about the inadequate signage. Mayor Kranstuber added that personal experience confirms this problem. Recently, his wife was confronted with a family situation and needed urgent care services. She also had a difficult time finding the clinic. He suggested that, although the standard hospital sign cannot be used, other signage could be provided in the Perimeter Loop area to facilitate access to the pediatric clinic. Mr. Hansley responded that Council has the authority to make any signage decisions it considers necessary. Legal staff studied the issue several months ago when a similar inquiry arose and recognized that a dilemma exists due to the fact that whatever is provided for one must be provided to all similar facilities. He suggested that Council could approve signage for a facility that meets a strict definition, for instance, a pediatric care facility open more that 10 hours a day. This could limit the number of similar applications. Since this addresses critical care situations, staff urges a resolution of this problem. He pointed out that the Planning and Zoning Commission must approve any changes to the sign code. Mr. Smith stated that Planning and Zoning must approve any request unless it is a directional sign. He suggested that legal staff look at options. Mr. McCash inquired about the potential for situations in which citizens would follow - directional signage to the medical facility and then find it closed. Mr. Smith stated there is the option of adding "limited hours" to the signage. Mr. Adamek moved to direct staffto provide options for directional signage for urgent care facilities to Council for consideration. Ms. Chinnici-Zuercher 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. 2. Reminded Council of the State of the City address on March 7th at 7:00 p.m. 3. Stated that the Committee for School and City Partnerships on which he and Mrs. i i I I :I "i Iii W :411'1 ,'1' "" H! ,i! II:! RECORD OF PROCEEDINGS r"""."",~""",,,,,,,,wmm,,@w"@"''''m,,,,,,,_,,,~,,,,,Minule.smmoiw,,,,,,,,_,,_,,"'''''''''''''''''''_'''~''''_'''m'''~''''''''''m'''~,'''''''''''w''''m'''''_''''''''''''''.m''.''IJuhlill,,,Cit-yr,,,C.oUllCil,,,,.@.,,,,,,,,,.,,,,@,,,,,,,,,,,,,,,,-,,,,,,,,,,_,,mw,,,._"""w"R.a.g.e",,,t.2,,.,,,,,,,,,,@Me,,eling~,,,,,,,,,,,,w,,,w,,,,,,, Held February 20,2001 , (YEAR) Boring serve held its first meeting on February 1ih. He was pleased with the meeting results. 4. Stated that he and Mr. Hansley serve on a committee to name the third high school. Nominations for names are currently being received. ~ Mrs. Boring: 1. Inquired about provision of Code enforcement on the weekends. Has additional staff been added to facilitate this coverage? Mr. Ciarochi responded that interviews are currently being conducted for a Code enforcement supervisor and a landscape investigator. Mr. Hansley stated that the Police Division has been supporting the Code enforcement program with weekend enforcement of certain codes as identified by Mr. Jones, such as prohibition of parking on bikepaths. 2. Inquired if staff is working on establishing limitations for size of satellite dishes. Mr. Smith responded that this information would also be provided with the update on the Shoppes of Athenry code violations. 3. Stated that there was a recent television documentary on the problem cities are experiencing with right-of-way constantly being torn up for installation of underground cables. She complimented Mr. McDaniel and City staff for their careful planning, which has avoided a similar problem in Dublin. Mayor Kranstuber moved to adjourn to executive session for the discussion oflegal, personnel and land acquisition matters. - Ms. Chinnici-Zuercher 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 8:35 p.m. ~/~ Mayor - Presiding Officer ~. L ~ Clerk of Council 1~