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HomeMy WebLinkAbout03/05/2001 1':1 RECORD OF'. PROCEEDINGS ,,,._..._.,,,,,,...,,,,..,,......,,,,.,,,,,...,,,..,,..Minutes..oi_..,,......".."..'.,,,.............,,..,,...,,,,.....,,,,....',,,,,,....."..,,,...~,,,,.,,DlJbliJ}.,,Cit:Y,,,,COtU.:l,c.:i..L..,.,,.......,,...,,.".."".."".."".."".,,,."M"".,,,,~.,,,,,.,...,..,,..,,...,,....Meeting.,,,........,..,..,. DAYTON LEGAL BLANK INC. FORM NO. 10148 Held March 5, 2001 , (YEAR) Mayor Kranstuber called the Dublin City Council meeting of March 5, 2001 to order at 7:00 p.m. Mr. Reiner led the Pledge of Allegiance. ,--. Roll Call Council members present were: Mayor Kranstuber, Vice-Mayor Adamek, Mrs. Boring, Mr. Reiner, Mr. Peterson, and Ms, Chinnici-Zuercher. Mr. McCash was absent ( excused). Staffmembers present were: Mr. Hansley, Mr. Ciarochi, Ms. Grigsby, Mr. Smith, Mr. McDaniel, Mr. Harding, Mr. Kindra, Mr. Gibson, Ms. Puskarcik, Ms. Crandall, Mr. Price, Ms. Newcomb, Ms. Susong, Ms. Hoyle, Mr. Husenitza, and Chief Geis. Approval of Minutes of February 12. 2001 Special Council Meetine Mayor Kranstuber moved approval ofthe February 12,2001 Special Meeting minutes as submitted. Mr. Peterson seconded the motion. Vote on the motion - Mr. Peterson, yes; Mr. Adamek, yes; Mrs. Boring, yes; Ms. Chinnici-Zuercher, yes; Mr. Reiner, yes; Mayor Kranstuber, yes. Approval of Minutes of February 20. 2001 Council Meetine Mayor Kranstuber moved approval of the February 20,2001 minutes as submitted. Mr. Adamek seconded the motion. Vote on the motion - Ms. Chinnici-Zuercher, yes; Mr. Adamek, yes; Mayor Kranstuber, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mr. Peterson, yes. ,-... Correspondence The Clerk reported that a request for fee waiver was sent to Council from Leadership Dublin for use of the Rec Center Community Hall on May 5 for the Community Service Day, and use of the Rec Center meeting room on March 14 for a Business/City Partnership presentation to Leadership Dublin. Mayor Kranstuber moved approval of the fee waivers as requested. Ms. Chinnici-Zuercher seconded the motion. Vote on the motion - Mr. Reiner, yes; Ms. Chinnici-Zuercher, yes; Mrs. Boring, yes; Mr. Peterson, yes; Mr. Adamek, yes; Mayor Kranstuber, yes. Citizen Comments Tom MitchelL 7738 Kestral Way East addressed Council regarding the Hawk's Nest Park. He distributed a one-page statement to Council. He noted that he was surprised that Council voted in favor of the plan without hearing both sides ofthe issue. A significant number of residents are opposed to the basketball court, as documented in a referendum. The representations made to him by Showcase Homes were that the City of Dublin had planned a passive park in this location. The land available for the park is smaller than most Dublin parks, and is completely surrounded by residential homes. There is a basketball court available nearby in A very Park, and a basketball court in a crowded environment is too noisy. There is not enough shading or screening for such a court. Ifit is to be built, it should be a single court, located in the middle of the park, ~....... with significant screening. Mayor Kranstuber responded that, in this situation, there was a split vote from the residents regarding the park plan. The plan was then brought to Council for their decision. While the City would like to accommodate all of the residents, it is sometimes impossible to do so. He believes that Council's position is that basketball courts are currently housed in neighborhood parks, the parks have not been a nuisance to the neighborhoods, and are a welcome addition to the neighborhoods. Mr. McDaniel added that staff strives to have some active park components in each ofthe City parks. This was a unique situation with the neighborhood split on their desires for components of the park. Iii 1'1 .I, i., ;jl,' iiMh~'~,:I!"H:ltii:-A;;h~i.jiA,hlwkd )'!,;'Ii iJildl LloJiJ::uHw'w. ': i t -w,1 i .i~ .'; " :; :i'l ,"L..'."" ...'" .",.~, RECORD OF PROCEEDINGS .^_,~,~,^_~"_,^"_~,,_,~~,~__.~Minu.te,s~,Qf,,~,,,,,,~"'~"~"'~'-"""'~"~-~-""-'~""'_"_"~'_"""~~bJ:uhli:n"Cit:)L~Rcil,,~,--,,~Cff_~-"""'-""'_"'_'_-"-".~"^~<lg~^,2"-.,~~__,Me.e1ing,,,'_""".'.m_'." DAYTON LEGAL BLANK INC. FORM NO. 10148 Held March 5,2001 , (YEAR) Wallace Maurer. 7451 Dublin Road reported that he heard that an option of placing the bikepath in the north/south easement in front of his home and the properties down to 161 along Dublin Road is now being considered. Is there any truth to this? Mr. Smith stated that the only property for which this is being considered is the comer ,.--..\ property where there is room to build the bikepath in the easement. In that case, discussions are ongoing with Mr. Dragowski. Mr. Maurer noted that there is a meeting scheduled in the near future between the property agent, himself and some others. For him, it will be a fact-gathering meeting. He shall then announce his decision at the next Council meeting. Staff Comments There were no comments from staff. LEGISLATION PUBLIC HEARING/SECOND READING - ORDINANCES Ordinance 72-00 - An Ordinance Providing for a Change in Zoning for 134.4 Acres Located on the East Side of Dublin-Bellepoint Road, Generally Between Donegal Cliffs Drive and Dunleary Drive, from: PUD, Planned Unit Development District, to: PUD, Planned Unit Development District. (Donegal Cliffs Text Update/File No. 98-123Z) Mr. Gibson showed an aerial view of the subject site. Staff has been working with the Donegal Cliffs Homeowners Association to enact a zoning text. This subdivision was an early PUD, zoned in 1979, and the deed restrictions that were part of the PUD have expired for Sections 1-4, and will expire for Sections 5-7 in 2007. The goal is to create a zoning text that generally reflects the deed restrictions, to ensure the protection of the - existing neighborhood. Planning & Zoning Commission recommended approval on February 1,2001 and the modifications have been made pursuant to their direction. In addition, Section "G" - Severability should be labeled Section "H." There was no public testimony on this rezoning. The Donegal Cliffs Homeowners Association representatives indicated they were present to respond to any questions. Ms. Chinnici-Zuercher noted that in the la.nguage regarding homeowners association membership, it notes that membership is "highly encouraged. The current deed restriction requires membership. She asked staff to respond. Mr. Gibson stated that deed restrictions are not enforceable by the City, as are zoning restrictions. In this case, requiring association membership involves payment of dues and enforcement by the City would constitute imposition of a tax. Mr. Smith stated that this is an unusual situation as it was one of the earliest PUD rezonings in the City. The homeowners association has been very supportive of the text amendment and believes it will be positive for their neighborhood. Vote on the Ordinance - Mayor Kranstuber, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr. Peterson, yes; Ms. Chinnici-Zuercher, yes; Mr. Adamek, yes. Ordinance 16-01-An Ordinance Adopting the 1999 Edition of the National Electrical Code. Mr. Price indicated that the staff memo provides details. This ordinance merely provides for the adoption of the most current electrical code. Vote on the Ordinance - Ms. Chinnici-Zuercher, yes; Mayor Kranstuber, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr. Adamek, yes; Mr. Peterson, yes. 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. Mr. Price noted that his memo to Council includes a recommendation to adopt this Code. In regard to the stairstep issue which was previously discussed by Council, he has tried to provide a fair assessment of both sides ofthe issue. One side believes that a broader tread stairstep would be less steep and thus more safe; the other side believes that there is a substantial cost involved and the safety issue does not warrant this. His RECORD OF PROCEEDINGS ""m""",~,_""_,__""___"",.Minute's"".of,,,,,.,""""""'"-"--".""-"",-"",_,,_,_,_,,,,,,,",-",DuJ;"litt,Cit)c,CoUIlCil"-.,-,--""""."",,,c""""""-"".,.E.age",J"""_",Me.eling"",,,,,,_.,"'" DAYTON LEGAL BLANK INC. FOAM NO. 10148 Held March 5, 2001 , (YEAR) recommendation is based on the fact that this is a book of standards, and for the sake of uniformity in the building world, the stair tread dimensions should not be modified. His recommendation is based on engineering standards and a desire for uniformity. ,.......... Peter Lenz. representing the Building Industry Association of Central Ohio stated that I , I they favor adoption of Ordinance 17-01. The stair geometry issue has long been debated in the industry. There is a movement to adopt a more gentle stair because it is enjoyed by the public. However, in terms of health and safety, there is nothing proven to necessitate a modification of the state or national code at this time. He then distributed to Council an article in a professional publication authored by Mr. McCash, which states that, "The purpose of building codes is to provide a set of regulations which represents a minimum level of safety to the general public by establishing maximum acceptable levels of risk to life and property." He also provided a document which indicates that two-thirds ofthe state has stair geometry the same as this or steeper. In addition, he provided materials from a renowned safety engineer which demonstrates an inability to show a correlation between stair geometry and serious injury. Donald Esposito. President of Construction Services. affiliated with Homewood Building COI:poration testified that two oftheir subsidiaries build in Dublin at the present time. In reviewing the plans they offer, the plans are in compliance with the proposed Code as written. Only 8 of24 plans offered in Dublin are in compliance with the revised stair geometry being proposed. Adopting such a stair geometry would make Dublin one of only two municipalities they work in to have this. The other area which requires the 7- 3/4 x 10" is Violet Township in Fairfield County. The rest of the municipalities use the 8-1/4 x 9" stair geometry. They support adoption of the building code as written, without the revisions to the stair geometry. - Darryl Wilkins. MIl Homes stated that 95 percent of their current plans are compliant with the 7-3/4 x 10" geometry; five percent oftheir plans do not comply with the proposed adjustments to the stair geometry. The stair geometry has not been proven to be safer, but Mil has made the revisions to their plans. Mil supports adoption of the 1999 residential code, but will continue to design for the new stair geometry which has been an issue at the state level. Mr. Peterson asked if the revised stair geometry is more costly. Mr. Wilkins responded that it is not necessarily more expensive, but can result in a change in house geometry, typically adding two feet to the length of the run of a stair. It has resulted in more use of switchback stairs which is more expensive. Ms. Chinnici-Zuercher asked why Mil decided to move forward with the new stair geometry. Mr. Wilkins responded that it was felt to be in their future best interests in view ofthe volume of their business. They are doing this as a proactive measure, if and when the state makes that change. Mil also wants to stay consistent across the state as much as possible. Ms. Chinnici-Zuercher confirmed that staff is not recommending the 7-3/4 x 10" stair, yet the state and a major homebuilder is moving in this direction, and Mr. McCash is recommending to Council its adoption. - Mr. Adamek pointed out that Mr. Price, even in his opening comments, indicated that he staff in their recommendation tried to weigh the two factors of safety and cost. Mr. Price agreed, noting that those in favor of a less steep stair will argue a safety issue, while those opposed will argue about the cost issue. Personally, he wished Council could hear testimony tonight from the custom builders who build in Dublin - changing this regulation will affect them the most, as they do not have regular architectural services on board to make the changes quickly. His recommendation is based on a desire for uniformity for builders who do not have a production staff and are not able to make this change quickly. He does understand the shift in thinking that is occurring on this issue, however, over the past 15 years. Mr. Adamek asked about the enforcement date for this stair change, if passed tonight. Mr. Smith stated that it would be effective in 30 days, if passed as non-emergency legislation. Council could make the effective date as a later time. RECORD OF PROCEEDINGS _.........._....._w...."_..""................"ww"..w..mMinut.e~.......Qfw.."......,,""""""",,,,,,,,,,,,,w,,,,,,,,,,,,,,,,,,_,,w,,,,,,,,,,,,"""_W~....m,,...."w_,,_..,,,,.........."""..D..ublin..C..ity...c..ounciL..".._......"...._.."w..""..".."........".._...."...._.._.._.."....E.a.ge....ft..".."...."~..M..e.e1ing..".."w""........_,,.... DAYTON LEGAL BLANK INC. FORM NO. 10148 Held March 5, 2001 , (YEAR) Mr. Adamek suggested that a delayed effective date for the stair geometry portion would be in order, to allow time for the builders to make this adjustment. Mr. Adamek moved to amend the ordinance to revise the stair geometry to 7-3/4 x 10", ,- but to delay the effective date ofthis portion until January 1,2002. Until January 1, 2002, the stair geometry will stay as it is in the current code. Ms. Chinnici-Zuercher seconded the motion. V ote on the motion - Mr. Reiner, no; Ms. Chinnici-Zuercher, yes; Mrs. Boring, yes; Mr. Peterson, no; Mr. Adamek, yes; Mayor Kranstuber, yes. Vote on the Ordinance - Ms. Chinnici-Zuercher, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr. Peterson, yes; Mr. Adamek, yes; Mayor Kranstuber, yes. INTRODUCTION & FIRST READING - ORDINANCES Ordinance 26-01 - An Ordinance Amending Certain Sections of Ordinance 98-96 ("Compensation Plan") Regarding Wages/Salaries for Non-Union Personnel. Mayor Kranstuber introduced the ordinance. Mr. Hansley stated that a detailed memo has been provided by staff in regard to this ordinance. Ms. Chinnici-Zuercher asked about the responsibilities of the front desk supervisor at the Rec Center. Mr. Harding responded that this position oversees the personnel at the front desk, and plans and schedules coverage. There will be a second reading/public hearing at the March 19 Council meeting. Ordinance 27-01 - An Ordinance Authorizing the City Manager to Enter into an - Agreement with the Board of Trustees of Washington Township, Franklin, Delaware and Union Counties, Ohio for the City of Dublin to Provide Communications Services. Mr. Adamek introduced the ordinance. Mr. Hansley stated that this legislation authorizes execution of the agreement for dispatching services with the township. The rate rises to $175 over the three-year period of the contract. Ms. Chinnici-Zuercher asked if there is a formula used to devise the fee, i.e., number of dispatched calls, etc. Mr. Hansley stated that the primary reason for the increase in cost is the growth in the number of stations to cover the service area, including the former Perry Township portion of Dublin. Chief Geis stated that when the contract was first negotiated, workload analysis was done and costed out for the dispatch center. Over the years, a percentage increase has been incorporated using that base. Ms. Chinnici-Zuercher asked who would have information regarding maintenance expenses of the central dispatch, computer and fire equipment. Mr. Hansley indicated that Chief Geis would have that information. There will be a second reading/public hearing at the March 19 Council meeting. Ordinance 28-01 - An Ordinance Accepting the Lowest/Best Bid for Right-of-Way Maintenance in the City of Dublin, and Declaring an Emergency. - Mr. Adamek introduced the ordinance. Mr. McDaniel stated that this is the second year of a program to outsource the right-of- way maintenance for the City. Staff has checked on the bids to ensure that the low bidder has an accurate understanding of the scope of the project. Staff will be requesting emergency action at the second reading. There will be a second reading/public hearing at the March 19 Council meeting. Ordinance 29-01 - An Ordinance Authorizing the Purchase of a 1.37 Acre, More or Less, Tract of Land, from Gary Detty and Julia Phelps, Located North of Post Road, City of Dublin, County of Franklin, State of Ohio, and Cause it to be Deeded to Kevin and Tammy Wadsworth, Located North of Post Road, City of Dublin, County of Franklin, State of Ohio, and Declaring an Emergency. """,,"-~ RECORD OF PROCEEDINGS """"'h"'_'_"'''''''''''''h'",'''h""""",,,,,,Minules,J)i,,,'""""""""""'h.""''''''''''''''_h,,,,,,,,,,,,,,,,,_,,h''_,_,,,,"-"""'ONh,:O-y:gliIl:"C:i:t?rh~'@uIl.cil'h""h""'~"'-'h"""""_",h""ON""h.._"_""",:g,age.,.$""'",'h"",.Me~ting.""",.,,,,,,"'h,"_ DAYTON LEGAL BLANK INC. FORM NO. 10148 Held March 5, 2001 , (YEAR) Mr. Adamek introduced the ordinance. Mr. Smith explained that the City is purchasing a lot and has entered into a swap agreement with the Wadsworths, pursuant to the direction of Council to resolve their situation. The details will be worked out prior to closing. - Mayor Kranstuber moved to treat this as emergency legislation. Ms. Chinnici-Zuercher seconded the motion. Vote on the motion - Mr. Reiner, yes; Mayor Kranstuber, yes; Ms. Chinnici-Zuercher, yes; Mrs. Boring, yes; Mr. Peterson, yes; Mr. Adamek, yes. V ote on the Ordinance - Mr. Peterson, yes; Mr. Adamek, yes; Mr. Reiner, yes; Ms. Chinnici-Zuercher, yes; Mayor Kranstuber, yes; Mrs. Boring, yes. Ordinance 30-01 - An Ordinance to Appropriate a 36.748 Acre, More or Less, Fee Simple Interest (1.8530 Acres, More or Less, to be Used for Right-of-Way and 34.895 Acres, More or Less, to be Used for Parkland) from Anacleto Galli, Trustee, Located at the Northwest Corner of Avery Road and Woerner-Temple Road, City of Dublin, County of Franklin, State of Ohio, and Declaring an Emergency. Mr. Adamek introduced the ordinance. Mayor Kranstuber moved to table the hearing of the ordinance until March 19, based upon the Law Director's recommendation. Mr. Adamek seconded the motion. Vote on the motion - Mr. Peterson, yes; Mr. Reiner, yes; Mayor Kranstuber, yes; Mr. Adamek, yes; Ms. Chinnici-Zuercher, yes; Mrs. Boring, yes. Ordinance 31-01 - An Ordinance Waiving Competitive Bidding Requirements, Pursuant to Section 8.04 ("Contracting Procedures"), Paragraph C ("Waiver of Competitive Bidding") for Alcoholic Beverages for the Dublin Irish Festival. Mr. Adamek introduced the ordinance. Mr. Hansley stated that this allows the City to purchase alcohol for the Dublin Irish Festival, as outlined in the memo. There will be a second reading/public hearing at the March 19 Council meeting. INTRODUCTION & PUBLIC HEARING - RESOLUTIONS Resolution 23-01 - A Resolution to Set Forth a Statement of Services to be Provided to the Area in a Proposed Annexation of 5.9+/- Acres from Washington Township, Franklin County to the City of Dublin, Ohio, as Required by Section 709.031 of the Ohio Revised Code. (Stanley W. Woodruff, petitioner; Michael S. Yashko, Esq., c/o Roetzel & Andress, 155 E. Broad Street, 12th Floor, Columbus, OH 43215, agent for petitioner) Mr. Adamek introduced the resolution. Mr. Hansley stated that this legislation is required by state code prior to the annexation hearing before the Franklin County Commissioners. Per state law, after approval by the county commissioners and receipt of the transcript, the Clerk will hold the ordinance for 60 days prior to placement on the Council agenda for consideration. V ote on the Resolution - Mr. Adamek, yes; Mrs. Boring, yes; Mr. Peterson, yes; Mr. Reiner, yes; Mayor Kranstuber, yes; Ms. Chinnici-Zuercher, yes. Resolution 24-01 - A Resolution Authorizing the Regulation of Traffic on Muirfield Drive and Other Roads in Muirfield Village and Waiving Certain Provisions of the ,r- Dublin Sign Code During the Annual Memorial Tournament. Mr. Hansley stated that this legislation is brought forward each year to allow regulation oftraffic and to provide for relaxation of the sign code during the Tournament. Staff recommends adoption at this time. Vote on the Resolution - Ms. Chinnici-Zuercher, yes; Mayor Kranstuber, yes; Mr. Reiner, yes; Mr. Peterson, yes; Mr. Adamek, yes; Mrs. Boring, yes. Resolution 25-01 - A Resolution of Intent to Appropriate a 0.1008 Acre, More or Less, Temporary Construction Easement from Blanche M. Norris, Located South of Woerner-Temple Road, City of Dublin, County of Franklin, State of Ohio. Mr. Adamek introduced the resolution. Illr.:,j~t. T;'i"11k,:'WI RECORD OF PROCEEDINGS "'"_"_""""WWW"""WW_W"""""M""""""""wwMinut.eKJ)f""w"w,,,,,,,,~"""W"""""""'''''''W''''''''''''W''''''''''''''~W''''''WW''W~'W""w"~wwD"ublin""Ci:t;L"COUll.cil"w""w"""w""ww""""www"w"",,,w,,,,www~,,ww,,,,Eagew6""""""~""".Meel~".w"w".ww,,,, DAYTON LEGAL BLANK INC. FORM NO. 10148 Held March 5,2001 , (YEAR) Mr. Smith explained that this relates to a lot on the south side of Woerner-Temple where a temporary easement is needed for construction to enlarge the roadway. Mrs. Boring asked that staffbe very sensitive in their work in view of the close proximity to the residence. r- V ote on the Resolution - Mr. Reiner, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Ms. Chinnici-Zuercher, yes; Mr. Peterson, yes; Mr. Adamek, yes. OTHER Policy regarding fee waivers related to the tree preservation ordinance Ms. Newcomb provided a brief overview and history of the ordinance. The tree preservation ordinance was approved by Council in October of 1998. Within the landscape code, Dublin always has had a policy which required preservation of trees during the development process. What changed with the ordinance in 1998 was a new requirement for tree replacement, based upon an inch for inch replacement. The formula was designed to be simple to implement and enforce. If inch for inch replacement would result in overcrowding, there was an option to pay a fee to be used for planting of trees on public property. Overall, the ordinance has been very successful, resulting in shifting of buildings on sites to preserve trees, better location of utilities in relation to trees, and better tree preservation methods in general. Staff has recently provided a couple of memos regarding the proposed guidelines for fee waivers. Staff also reviewed the sliding scale proposed by Mr. McCash, but it did not yield the results as hoped. Staff is now recommending the formula as originally proposed in October of2000 that takes into consideration whether all codes have been met on the site and if methods have been used to minimize tree destruction. Ifboth of these have been met, staff would then recommend a fee waiver or reduced fee, based on a tree for tree replacement as opposed - to inch for inch. In addition, based on discussion at Council and Natural Resources Advisory Commission, landmark trees of 24 inches in diameter or greater would be replaced instead on an inch for inch basis. Mrs. Boring asked that the definition of landmark tree and the location of those trees be included in materials provided to developers. She then asked how adoption ofthis policy would affect the pending Preserve development. Ms. Newcomb stated that the developer would have to file for a waiver from Council. They received a full waiver for the first phase of the project, but they have been informed that the policies are changing. The developer has indicated that the project is not feasible without a waiver. Staff will prepare a report on the efforts they have made to preserve trees on the site to date, and will make a recommendation to Council for this and the other developments for which waivers have been requested. Mr. Reiner stated that he is encouraged to hear that better planning for utility placement and structures has been an outcome of the tree preservation ordinance. Mr. Adamek moved to amend the proposed formula as outlined in the October 25,2000 memo to provide that landmark trees, those 24 inches in diameter or greater, are exempt from the tree for tree replacement and will instead be replaced on an inch for inch basis. Mrs. Boring seconded the motion. V ote on the motion - Mr. Reiner, yes; Mrs. Boring, yes; Mr. Peterson, yes; Mr. Adamek, ~ yes; Mayor Kranstuber, yes; Ms. Chinnici-Zuercher, yes. Mr. Adamek moved to adopt the policy as amended. Mrs. Boring seconded the motion. Vote on the motion - Mayor Kranstuber, yes; Mr. Reiner, yes; Mr. Peterson, yes; Mr. Adamek, yes; Ms. Chinnici-Zuercher, yes; Mrs. Boring, yes. Council Round Table/Committee Reports Ms. Chinnici-Zuercher noted: 1. A letter was included in the packet from attorney Michael Close regarding a fee waiver for the annexation of Indian Run subdivision. Mr. Hansley stated that staff is recommending that Council waive this fee in keeping with their policy to annex islands of township within the City limits, Ms. Chinnici-Zuercher moved to waive the annexation fee for Indian Run subdivision. , , RECORD OF PROCEEDINGS .""~""....".."....""""""""""""""""""""""..""_Minutes""Qf..,,,,..,,.."""""""'''"''''''''""''''''''''''""M''"''""",,,,,,,~,,,,,,,,,,,,,",,",,,,,,,,~,,,,"..""""..l)y,1>J.ID"Ci.ty""~n..c.il"""""""""~""."""""""....,,,,,,,,~,,,,w"W""""""~"""""""l?~e.2."..."""""""Me"eting"""",,,,"~,,"~,,",,,,,,,, DAYTON LEGAL BLANK INC FOHM NO.1 0148 Held March 5, 2001 , (YEAR) Mr. Peterson seconded the motion. Vote on the motion - Mr. Reiner, yes; Mr. Peterson, yes; Mr. Adamek, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Ms. Chinnici-Zuercher, yes. 2. A memo was included in the packet from Mr. Kindra regarding the interior - painting of the water tanks on Avery Road and Blazer Parkway, with funding from the City's water fund. What is the current balance of this fund? Ms. Grigsby stated that the balance in the water fund is approximately $10 million. The surplus is being built up to provide funds for future water towers. Mr. Hansley added that this item was unanticipated, as the condition of both tanks upon inspection was worse than expected. Therefore, this item was not budgeted for this year. 3. The tone and content of the letter regarding Code compliance sent by Greg Jones to the property owners in the Historic District was very nice and well done. 4. She will attend the NLC Congress of Cities conference in Washington, D.C. this weekend as part of her service on the Public Safety and Crime Prevention Committee. 5. She suggested that a staff member attend the March 28 Intelligent Transportation System seminar. Mr. Peterson: 1. Reminded Council members that board and commission candidate interviews have been scheduled for the evenings of Monday, March 12 and Wednesday, March 14 at 7 p.m. He asked that everyone make an effort to be present. 2. Asked about the staff response sent to the Waterford resident who was irate with the perimeter fencing restrictions and the resulting loss of use of a portion of his yard. ~ Mayor Kranstuber stated that, personally, he did not envision this type of situation resulting from the Code changes approved by Council. Mr. Hansley stated that staff is reviewing this situation in terms of creation of a "devil strip" for fences on adjoining properties. Mayor Kranstuber stated that he would prefer that fences be discouraged, but at the same time permitted to some extent and made as attractive as possible. Mr. Adamek stated that he worked with Mr. McCash on this matter. The intent was to discourage/eliminate the stockade effect offence upon fence. Restricting perimeter fencing was a means to this end. Mrs. Boring commented that there is a cost factor involved, as neighbors can no longer share fences. In addition, more fencing material is needed if fencing cannot be shared between two properties. Mayor Kranstuber noted that the Planning staff has indicated that they have received many complaints since this amendment was enacted. Mr. Hansley stated that it may be advisable to help residents understand the goals of the fencing restrictions, in terms of improving aesthetics for the community. Mayor Kranstuber asked if Council would support revisiting the fence code provisions. Mrs. Boring, Mr. Peterson, Ms. Chinnici-Zuercher and Mayor Kranstuber indicated they would support having staff provide options regarding other ways to achieve the goal of improving aesthetics, while discouraging fences. Mr. Adamek and Mr. Reiner stated that they would not support revisiting the ordinance. ~ Mr. Adamek added that Council has worked hard to ensure no-build zones and open vistas, and installing a six-foot fence is not in keeping with these efforts. Mr. Gibson pointed out that there is a provision in the Code to allow perimeter fencing for lots over 30,000 square feet. Mayor Kranstuber moved to direct staff to provide information on what the fencing issues have been, how BZA has handled them, and other ways to achieve Council's goal. Ms. Chinnici-Zuercher seconded the motion. Vote on the motion - Mr. Reiner, no; Ms. Chinnici-Zuercher, yes; Mr. Adamek, no; Mr. Peterson, yes; Mrs. Boring, yes; Mayor Kranstuber, yes. 3. Mr. Peterson indicated that he and Mr. Hansley will meet tomorrow evening with a potential facilitator for goal setting. I Ii I 'II, . ;11 i" ,Wi,li:.Hi n ::Lid, ,I ',.,' ", ,,'i'f., " il.i!' , , , UV,+lL,;r:usl:;jH RECORD OF PROCEEDINGS ....'~.~M.'''.''.''M''ffiM..'''...W,~...........MinuJes.ffiof.....M....~....ffi...,,,...................ffiW'M.....'ffi....~...~..~.............Mffi.....~~..",...Dtlb~i:r.l...Ci.ty...C.ga:n.cil""""~",w"w,,~~w"""M""ffi''''''''w,,....~..~.......:E,ag~.S......,.......~....w,Mee1ing...M...~.~..~... DAYTON LEGAL f::U.ANK INC. FORM NO. 10148 Held March 5, 2001 , (YEAR) Mr. Reiner noted that the Community Development Committee and the Planning & Zoning Commission will meet on Thursday, March 15 at 7 p.m. to review the zoning code work being done by Ratio Architects. The meeting time was adjusted to 7 p.m. to accommodate the Planning Commission case scheduled at 6:30 p.m. Mrs. Boring commented that in view of the memo sent to Council regarding parade vehicles, she would support having a float for Council on March 17. Following discussion on individual preferences for cars, a float, or walking, it was the consensus of Council to have the Mayor work with Ms. Puskarcik to make this decision. Ms. Puskarcik will provide a complete packet to Council tomorrow regarding St. Patrick's Day weekend events. The parade takes place in the morning, the Grand Leprechaun luncheon at the Wyndham from 12:30 to 2 p.m., and the Blarney Bash from noon to 11 p.m. at the Wyndham. She suggested that Council members arrive at the parade site at 10:15 a.m. Council will be introduced at 3 p.m. at the Blarney Bash. Ms. Chinnici-Zuercher noted that she read that Dublin, Ireland has canceled their parade because ofthe livestock disease outbreak. It would be a nice gesture to invite them to attend our parade by faxing them a letter. Mayor Kranstuber asked the Clerk to work with Ms. Chinnici-Zuercher on this matter. Mrs. Boring noted that the first Monday in May has been designated as "National Day of Prayer." In 1993, Dublin government, schools and churches participated in this program. She asked that Council consider scheduling a local event this year to observe this day. Mayor Kranstuber suggested that perhaps a breakfast event would be appropriate and asked Ms. Puskarcik for input. ~ Ms. Puskarcik responded that it could be done in conjunction with the City's chaplains and local churches. Mr. Hansley pointed out that it would be desirable to have a task force sponsor this as is done in Columbus in view of the issues which could arise regarding separation of church and state. Mrs. Boring responded that the President has declared that it is permissible on this designated day. Mr. Hansley stated that staff would like some additional policy direction regarding funding, sponsors, etc., prior to initiating this event. He noted that staff will provide a conceptual proposal at the next Council meeting. Mr. Adamek reported: l. He would be interested in attending the meeting with the proposed facilitator for goal setting. Mr. Peterson noted that they will meet at Mary Kelley's tomorrow evening at 6 p.m. 2. The Post Road committee will meet at 4 p.m. on Thursday, March 15 at the 5800 Building. All interested parties are invited to attend. 3. Are residents notified of painting of the water towers in case water pressures are affected? Mr. Kindra stated that specifications are being prepared so that the painting of the towers is done at different times and that residents are not impacted. 4. D.A.R.E. graduations are scheduled this week. He suggested that Council - members who plan to attend notify the D.A.R.E. officers. 5. The Ohio Municipal League has scheduled a Legislative Luncheon and asked if anyone plans to attend from Councilor staff. Mr. Smith stated that their firm has purchased a table, and he will contact the Clerk of Council in regard to reservations. 6. The State Senate has approved Senate Bill 5 (the annexation bill) and he is hopeful that the City's lobbyists are working with the House representatives on this matter. Is other action needed from Council? Mr. Hansley responded that it is likely inevitable that a bill will pass both the House and the Senate, and the City is working to obtain the best compromise possible. 7. Kudos to Mr. Kindra and staff for the nice highlights in a recent publication regarding bridges. - RECORD OF PROCEEDINGS _~"""."~"'''""_""~"__,_.,_'"."'_',"'m"~.Millllte.s,_of"".",:".~,,",~,."."..~~"'"_"""~".m".'~~_'_"m_'__'"_"'"._.".""..-,~"~D'Uc'bli-R~.CitY.mCG-lJ.R-GiI-'.""'._M""4'_4M"~'4_~~4'~.~"__M_'_'m".J!.ag~,g."~""_"M,Me..eling_""_"~_'~4_"_'~ DAYTON LEGAL BLANK INC. FORM NO. 1 0148 Held March 5, 2001 , (YEAR) 8. The State ofthe City is scheduled for 6 p.m. at the theater at the Rec Center. The presentation begins at 7 p.m., with refreshments and a community expo to follow. Mayor Kranstuber: - 1. Asked about the status of the City's taking over township fire services. Mr. Hansley responded that the management intern is currently working on a policy paper on this topic. His recommendation will be used as a basis for a report to Council in keeping with the 2001 goal. Mayor Kranstuber suggested that it could then be scheduled under "Other" for an upcoming Council meeting discussion. Mr. Hansley added that a major change in the National Fire Protection Association Standard 1710 will be voted on in May in California. It will affect the staffing of each piece of fire apparatus and the assembled apparatus at the scene, and will have major cost impacts on fire departments. It is being strongly supported by the labor union. This change may impact the City's future decision of whether or not to take over the township fire department. 2. Reported that the medical office building at Post Road and Avery-Muirfield has unsightly utility boxes facing the roadway, and asked staff to respond. Mr. Gibson stated that there are multiple buildings under construction and the development is not yet in a finished state. Ms. Chinnici-Zuercher noted that there is an illegal sign for a dot.com business on Frantz Road, across from Bradenton A venue. Mr. Gibson stated that staff will check on this. ~ Mr. Hansley pointed out that as a follow-up to discussion at the last Council meeting, staffhas installed green directional signage for the pediatric urgent care facility in Dublin, indicating that the facility has limited hours. Children's Hospital is not satisfied with the limited hours portion ofthe sign, and legal staff is working to resolve their concerns. In addition, some other health care providers have now requested similar slgnage. Mayor Kranstuber noted that he has received a request for a proclamation from the United States Holocaust Museum and plans to do so, unless someone has an objection. Mayor Kranstuber moved to adjourn to executive session for land acquisition and personnel matters. Mr. Adamek seconded the motion. Vote on the motion - Mr. Peterson, yes; Mr. Adamek, yes; Mrs. Boring, yes; Ms. Chinnici-Zuercher, yes; Mr. Reiner, yes; Mayor Kranstuber, yes. Mayor Kranstuber announced that the meeting would not be reconvened following the executi sion. The meeting was adjourned to executive session at 8:40 p.m. ~ '-- ~ Mayor - Presiding Officer ~C!~ Clerk of Council - Ii,