HomeMy WebLinkAbout04/23/2001
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RECORD OF PROCEEDINGS
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DAYTON LEGAL BLANK INC. FORM NO, 10148
Held April 23, 2001 ,
(YEAR)
Mayor Kranstuber called the Dublin City Council meeting of April 23, 2001 to order at
7:00 p.m.
Mrs. Boring led the Pledge of Allegiance.
~ Roll Call
Council members present were: Mayor Kranstuber, Vice Mayor Adamek, Mrs. Boring,
Ms. Chinnici-Zuercher, Mr. McCash, Mr. Peterson and Mr. Reiner.
Staff members present were: Mr. Hansley, Mr. Ciarochi, Ms. Grigsby, Mr. Smith, Mr.
McDaniel, Mr. Harding, Mr. Kindra, Mr. Stevens, Mr. Gibson, Ms. Puskarcik, Mr. Hahn,
Ms. Crandall, Mr. Price, Mr. Husenitza, Chief Geis, Mr. Marshall, Ms. Coen, and Ms.
Hoyle.
Approval of Minutes of April 2. 2001 Council Meetin~
Ms. Chinnici-Zuercher noted a correction to the minutes on Page 12 - Linda Menery is
no longer with NBBJ, but is a private consultant.
Mayor Kranstuber moved approval of the April 2, 2001 minutes as corrected.
Mr. Adamek seconded the motion.
V ote on the motion - Mr. McCash, yes; Ms. Chinnici-Zuercher, yes; Mr. Adamek, yes;
Mr. Peterson, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mayor Kranstuber, yes.
Correspondence
The Clerk reported that a Notice to Legislative Authority was sent regarding a new liquor
permit for a business to be located at 6355 Sawmill Road.
There was no objection to the issuance ofthis permit.
-
Proclamation
Mayor Kranstuber read a Proclamation declaring the week of April 20 through 28 as
EarthWeek in the City of Dublin.
Mr. McDaniel highlighted the various events taking place during the week, including the
wetlands planting at the Red Trabue Nature Preserve on Friday and Saturday.
Citizen Comments
Don Piunno, Dublin Kiwanis noted that their group is the oldest service club in the
community and will celebrate their 40th anniversary in June with a dinner at Wedgewood
Country Club. They have a unique fundraiser each June - the Frog Jump. They are
hopeful that at their anniversary dinner, Mr. Hansley can announce a joint venture among
the City, the Dublin Arts Council and the Dublin Kiwanis to erect a statue in Old Dublin
commemorating the Kiwanis' community service. The unique frog design has been
endorsed by the Arts Council Director, and she has agreed to help secure an artist for this
work. (He distributed a photo of a similar sculpture located in Chagrin Falls, Ohio.) The
Kiwanis endorse a location in Old Dublin, either on the site of the former Union 76 at
Bridge and High or in front of the DCVB headquarters on the lawn between the Bureau
and the Dublin Tavern. The cost is estimated at $14,500 and would be shared among the
three entities. The design as proposed is approximately 4 feet wide and 3 feet high.
Mr. Hansley stated that the funding requested is modest, and could be appropriated from
-- a reserve account, if necessary. The project has not been reviewed by City staff at this
, time.
, Mrs. Boring asked if the group has made application to The Dublin Fund.
I
Mr. Piunno indicated that The Dublin Fund has been very generous to them in the past,
but they have not requested funding for this project.
Mr. Peterson indicated that the Kiwanis Club has done a fine job of supporting the
community, and this seems to be a reasonable request.
Mr. Reiner suggested that part of this sculpture should include a plaque which provides a
history of the frog jump event.
Mayor Kranstuber suggested that staff review the proposal, recommend an appropriate
site and report back to Council at their next meeting.
Mr. Adamek stated that the dinner event is June 15, so there would be time available for
the City to review this prior to any allocation of funds.
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RECORD OF PROCEEDINGS
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DAYTON LEGAL BLANK INC. FORM NO, 10148
Held April 23, 2001
,
(YEAR)
Mr. Hansley stated that if Council is generally in favor of this project, staff will review
possible sites in Old Dublin for placement and report back.
Mayor Kranstuber stated that he supports this proposal because of the historical aspect of
the statue, and the fact that Council would know in advance the public art product which
is being funded.
~ Mayor Kranstuber noted that Mr. Piunno should contact Mr. Hansley prior to the next
Council meeting for a status report.
Jeff Leach, 6840 Sparrow Lane, Columbus, Ohio addressed Council in regard to
"unequal treatment" by the Planning staff in regard to a fence permit for 7667 Quetzal in
Dublin. In January of2000, he and his wife decided to purchase a home in Dublin, and
they were desirous of having a fence around their property. In February of2000, they
contacted the Planning staff to confirm that they could fence their property in a manner
similar to their current home - covering the rear yard, side yard, and constructed ofPVC.
They was no mention by the staff member of an impending change to the fence code.
They checked with several developers to ensure that the fence would be permitted and
obtained approval from Hawk's Nest regarding the type offence they wanted. In April of
2000, they signed a contract to construct a home in Hawk's Nest. In March of2001,
anticipating a move-in date of May, they submitted an application for a fence permit and
the permit was disapproved, although they have been told in 2000 that all of their
requests were allowed under code. They were rejected because ofthe PVC material, and
because side yard restrictions for fencing had been adopted. He sent a letter on March 13
to Mr. Marshall and Ms. Clarke regarding the fence. He found out subsequently that a
neighbor received a permit for a similar fence because he had submitted the permit
application prior to the fence code change and had been advised of the pending changes
of the code. He believes that he and his wife were not given the opportunity to submit an
~ application for a fence permit prior to the code change. They desire a fence for safety for
their children and to prevent cut-throughs in their yard. He requests that his permit
. request be grandfathered because they did the proper inquiries prior to constructing their
home. A letter was sent by Mr. Gibson indicating that City staffwas directed to inform
anyone with fence inquires that the fence code was in the process of being revised.
However, they were not informed of this. The Dublin newspapers contained
advertisements for the public hearing regarding fence code, but he does not receive
Dublin newspapers at his present address. He was advised that he could submit a
variance application to the City and that the Board will determine ifthe practical
difficulty standard would apply.
Mayor Kranstuber summarized that Mr. Leach has indicated two objections: first, to the
Code revisions; and second, that he was contemplating the process and was not told to
submit an application prior to code changes.
Mayor Kranstuber noted that the code change was made, and the ability of an individual
to challenge that would be via the Board of Zoning Appeals. Council does not have the
authority to grant relief in this particular case. There is discussion scheduled later on
tonight's agenda regarding the fence code in general. It mayor may not result in any
future modifications in the current fence code.
Mayor Kranstuber asked that the Law Department research the issue of different
application by staff related to this matter.
- Ann Fischer, 6000 Holywell Drive addressed Council regarding the Dublin Community
Recreation Center senior parking. She met with the Parks and Recreation Advisory
- Commission last week regarding this matter, and PRAC directed her to voice these
concerns to Council. Signage was recently installed at the Rec Center for seniors, listed
as those 55 years and older. Many of the users of the Rec Center have young children,
and accessing the Rec Center from the parking lot can be very dangerous for toddlers and
parents, in view ofthe high speed oftraffic and the lack of close parking which has now
been allocated to the seniors. Many of the seniors pay only $10 a year to belong to the
senior group, while families in Dublin pay high fees to belong to the Rec Center. If there
are seniors with disabilities, she agrees that they should have a handicapped sticker and
adequate parking space. But pregnant mothers with toddlers should not have to struggle
through the parking lot past empty senior spaces.
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DAYTON LEGAL BlANK INC. FORM NO 10148
Held April 23, 2001
,
(YEAR)
S~condly, she would support the installation of raised crosswalks and stop signs in the
parking lot to slow the traffic and improve safety. The north door of the Center is the
preferred entrance, as the larger parking lot is located there.
Mr. Hansley stated that PRAC would prefer that Council officially refer this matter to
them for further study, if that is Council's desire.
- Ms. Chinnici-Zuercher indicated that she shares concerns with the speeding motorists in
the Rec Center parking lot and the danger to small children.
Mayor Kranstuber moved to refer the parking signage and installation of raised
crosswalks and stop signs to the Parks and Recreation Advisory Commission.
Ms. Chinnici-Zuercher seconded the motion.
V ote on the motion - Mr. Adamek, yes; Mayor Kranstuber, yes; Mr. Reiner, yes; Mrs.
Boring, yes; Ms. Chinnici-Zuercher, yes; Mr. Peterson, yes; Mr. McCash, yes.
Mr. Hansley noted that the next meeting ofPRAC is scheduled for Wednesday, May 16.
Ms. Fischer asked if Council could direct staff to research the legal issues related to
installing of senior parking signage for the Center.
Mayor Kranstuber stated that legal staff should be advised that this issue may arise at the
PRAC hearing so that they are prepared to respond.
Gail Rendar. 5343 McGinty Court. Shannon Village Homeowner's Association stated
that the Association has several concerns which they would like to relay to Council which
are outlined in a letter. (She distributed this letter to Council.)
They are as follows:
1. The City recently turned down their request for installation of a three-way stop sign at
the comers of Gullway Bay, Shannon Park Drive and Valleydown Road. In view of
the other streets in Dublin with stop signs, i.e., Tara Hill, Literary Drive and
Adventure Drive, they would like reconsideration of this request or other options to
.......... address the sight distance of the curved road.
Mr. Hansley responded that there was an exception made for Tara Hill signage. It did
not legally meet state warrant, but because a separate engineering study was done and
other factors were considered, Council approved installation of the signage. State code
does permit a City to have a separate engineering study done specifically for these
unusual circumstances, and the City could do this, if Council so directs.
Ms. Rendar indicated that the additional traffic in their neighborhood as a result of the
high school location and the traffic light situation at Emerald Parkway should prompt
reconsideration of their request.
2. The City has beautified all of the comers at Emerald Parkway and Coffinan, except
for theirs. Instead of flowers and trees, they have cement blocks. They would like to
have these replaced with flower beds, small bushes, etc.
Mayor Kranstuber stated that a former reporter with the Dublin News had brought some
issues to the attention of Council a couple of years ago, such as the condition of the
public areas adjacent to their subdivision. He believes that subsequent direction was
given to staff; he asked what actions stafftook to address this.
Mr. Hansley responded that her concern was the property line shared with the City. It
was still under the contractor's purview with the road widening of Coffinan Park Drive.
That area was cleaned up and reseeded to her satisfaction.
Ms. Rendar stated that grass is missing again along Coffinan, and there is a section
between the sidewalk along the perimeter of the Rec Center and the sidewalk on Coffinan
- where there is no sidewalk. On her walks in that area, she has to either walk on the grass
or on the street in that section. People speed along that area on their way to the Rec
Center. A path is needed between the two areas.
Mr. Hansley responded that the problem exists because the City widened an existing
driveway. There is not adequate room to install a sidewalk and still accommodate the
traffic. A problem also exists for the high school students in the morning and afternoons
who must walk in the street against a heavy volume of traffic. There is not an effective
solution. The City could attempt to negotiate an agreement for a blacktop path in the
very small section ofland, hopefully without having a negative impact on the
homeowners. At Council's direction, staff could look into this.
Mayor Kranstuber asked if staff would also review possible beautification measures, such
as was done for Willow Grove when Emerald Parkway was constructed.
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RECORD OF PROCEEDINGS
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DAY10N LEGAL BLANK INC FORM NO. 10148
Held April 23, 2001
,
(YEAR)
Mr. Hansley stated that in certain areas it isa private property issue, such as the fence
which is in disrepair and which the City believes is owned by the civic association or the
private property owners. Replacing or repainting that fence would enhance the area.
Ms. Rendar stated that she will bring that issue up at their civic association's board
r- meeting on Monday. She queried if the City would need the civic association's
t agreement to take the land in order to install a sidewalk in that area.
Mr. Hansley stated that this is correct.
Mayor Kranstuber suggested that a staff member attend the civic association meeting to
facilitate a resolution. He asked Mr. McDaniel to make the arrangements with Ms.
Rendar before she leaves tonight.
3. Ms. Rendar stated that her last concern is the entryway to Tara Hill, which is
stone with a shingle top. It also is in disrepair, and they are not aware of the ownership.
If it is their responsibility, they will undertake the repairs.
Mr. Hansley indicated that Mr. McDaniel will help clarify these responsibilities.
Carol Rittenberg. 5437 Shannon Park Drive, stated that she serves on the Board of
Trustees for the Shannon Park Civic Association. She stated that a month ago, she and
two other neighbors awoke to discover their cars had been egged. When they reported
the incident to the police, the police indicated that was the risk inherent with properties
bordering the high school property. Recently, she and her neighbors' cars and sidewalks
were smeared with mustard and catsup. She is offended by the police officers' lack of
response. She noted that her property is adjacent to the Coffman Park area where the
high school students park, and the area is littered with trash and bottles. She inquired if
~ the issue must be taken to the school board for resolution.
Mayor Kranstuber asked Chief Geis about the normal response to issues of this nature.
Chief Geis responded that, generally, in the case of vandalism of criminal damage, an
offense report is taken from the property owner or victim, if they wish to file a report.
Chief Geis is not familiar with the specific incident, but indicated he would meet with her
after tonight's meeting to clarify the issue. He indicated that the police periodically have
problems with students in the area along Tara Hill near the high school and near Coffman
Park, more frequently during the spring and summer months. The police do bike and foot
patrol of that area in an attempt to curb the number of incidents. Chief Geis stated that to
successfully combat the problem, the homeowners must report any and all incidents. The
police will attempt to identify patterns, as far as the people and/or the timeframes
involved.
Ms. Rittenberg stated that she has reported it frequently.
Mayor Krantuber suggested that the police officer assigned to that area attend the civic
association's meeting next Monday evening. He can discuss manners of reporting
incidents and the possibility of increasing patrol.
Chief Geis agreed.
Mr. Hansley stated that the City allows high school students the privilege of parking in
the first two parking lots; it is a privilege, not a right. He will meet with the school
~ superintendent and request that he addresses the littering issues with the students. If the
1 superintendent is not able to effectively address the problem, the parking privilege can be
revoked. The signage can easily be changed to indicate parking for park visitors only.
Ms. Rendar stated that her understanding is that the property line goes to the tree line.
She asked that the City clean the area and install an asphalt path, to keep the children who
ride bikes in this area off the street.
Mayor Kranstuber indicated that Mr. McDaniel would address this issue in his review.
Wallace Maurer. 7451 Dublin Road. stated that he erred in the process at the last Council
meeting. The past two years, he has been aware of the challenge he faced in his attempt
to persuade Council Members that the bikeway was an irrational plan. He had intended to
conclude the process by asking Council members: (1) Whether they saw any merit in his
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DAYTON LEGAL BLANK INC FOAM NO 10148
Held April 23, 2001
,
(YEAR)
, arguments; and (2) Whether they were persuaded by his arguments? He also had
intended to request ,a roll call vote, if appropriate. He conceded to the bikeway, because
he assumed the Mayor's response indicated that no Council member had been persuaded.
He inquired if a roll call vote could be called on that question.
Mayor Kranstuber stated that Council could not take action on such a hypothetical issue.
..........
Staff Comments
Mr. Ciarochi:
1. Referred to his memo addressing the reassignments in the Planning Division to
accommodate the schedule for the zoning code update project. The three key
changes are: (1) Ms. Clarke will spearhead Planning staff's effort to complete the
project, the first draft of which has been provided to the Community Development
Committee tonight; (2) Mr. Gibson will temporarily assume some of Ms.
Clarke's administrative duties; (3) the services of Ratio Architects will be
augmented in the technical/engineering area of the zoning code update by the
consulting services of former Franklin County Engineer, Clyde Seidel. He added
that staff is making an effort to remain committed to the time schedule established
by the Community Development Committee for this project. In response to
Council's direction regarding the appearance code, the Law Director has
contacted Council members to compile a list of recommended standards to be
included in the final version of the zonipg code.
2. Referred to a spreadsheet provided in materials distributed to Council regarding
southwest traffic calming. There are three maps that show the different phases of
the project. Recently, bids have been solicited for Phase 2 of the project.
According to the Engineer's final estimate, a reasonable bid has been received for
$804,000. However, compared to the first engineering estimate and the budgeted
- amount for Phase Two at $572,000, there is a $346,000 difference and the bid is
$200,000.00 over budget. R. D. Zande also submitted final estimates for Phases 2
through 6. Phases 2,3, and 4 are significantly higher than the first estimates.
Overall, there is a gap of about $1.26 million between the first and final estimates
ofR. D. Zande. With that degree of difference, staff recommended deferring the
ordinance to the May 7th Council meeting to allow Council ample time to review
this matter and give further direction. He pointed out that the ordinance will
necessarily include additional appropriations.
Mayor Kranstuber inquired ifR. D. Zande has indicated a reason for the significant
difference in the estimates.
Mr. Kindra responded that one area in which there is significant change is with the traffic
circles. There is more concrete, curb and gutter, drainage, and landscape required than
originally estimated.
Mr. McCash requested a detailed spreadsheet with a breakdown in quantities be provided
at the time the bids are submitted. He is concerned that the project is over-engineered.
Mr. Hansley responded that staffhad anticipated that the bid would be lower than the
final estimate and closer to the budget. However, the bids confirmed that the final
estimate was accurate. The proj ect was bid according to the design. The proj ect may be
over designed, and if so, it would be due in part to the amount of community input
..-- permitted and their desire for a more elaborate design.
Mayor Kranstuber requested a written list indicating the changes made in Phase 2
subsequent to the first estimate.
Mr. Hansley stated that staff shares the same concerns. He asked for Council's direction
on whether to award the bid, to eliminate some of the landscaping, or to restructure the
project for a longer phase-in due to the increased costs.
Mayor Kranstuber inquired how many bids were submitted.
Mr. Kindra responded that the City received five to six bids, all of which were very close.
Mr. Kranstuber asked that staff evaluate the figures, and that R.D. Zande provide a three
or four paragraph explanation for the substantial difference regarding the estimates.
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DAY10N LEGAL BLANK INC. FORM NO 10148
Held April 23, 2001
,
(YEAR)
Ms. Chinnici-Zuercher stated that Council may have made a different decision had they
been aware of this substantial increase in the costs of the project over what was budgeted
and first estimated.
-- Mr. Ciarochi indicated that this bid price will be available for thirty days. He suggested
that if Council members desire additional information they should contact him with those
requests as soon as possible.
Mayor Kranstuber stated that staff should review the design of the project to ensure it is
not overbuilt, and check with RD. Zande about the reasons for these substantial
differences.
Mr. Hansley stated that staffwill request that RD. Zande provide a written report, and
will also request that a representative of RD. Zande attend the next Council meeting to
respond to Council's inquiries.
Mr. Smith:
1. In follow-up to the appearance code discussion at goal setting, he met with Mayor
Kranstuber, Mr. McCash and the BIA representatives. Hopefully, they will be in
the drafting stage for this portion by the end ofthe month.
2. Staffhas been working with the City of Columbus over the past six months on a
contract to allow Dublin police officers in the Dublin Schools located within
Columbus. Today, they received an executed agreement from Columbus, and this
agreement will result in Dublin receiving a federal grant of$375,000 for officers
in the middle schools. This will enable an equal number of officers in all Dublin
middle schools, whether located in the City limits or in Columbus.
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Mr. Gibson:
Reported that the Assistant Planning Director position has now been filled. Gary
Gunderman will begin working in Dublin on June 4. He is presently with the City of
Delaware.
Ms. Puskarcik:
Reported that Amy Edwards is leaving employment with the City on May 4. She has
accepted a position as Director of Communications with the Franklin County
Commissioners.
Alcohol Waiver - Dublin Arts Council
Mr. Hansley stated that the Dublin Arts Council has requested permission to serve beer
and wine at a fundraiser on Saturday, April 28 to be held at the Gelpi Mansion, 7125
Riverside Drive. They are required to request this waiver as the property is still under
City control until their occupancy of the building. Their lease will provide for serving of
alcohol in conjunction with certain future events.
Mr. Adamek moved to grant the DAC a waiver to serve beer and wine at the Gelpi
Mansion for the fundraiser to be held on Saturday, April 28.
Mrs. Boring suggested the motion include the basis that the permission is needed due to
the fact that their lease is not in effect at the present time.
.- Mr. Adamek accepted this amendment.
Mr. Peterson seconded the motion.
Vote on the motion - Mr. Peterson, yes; Mr. Adamek, yes; Mr. McCash, yes; Ms.
Chinnici-Zuercher, yes; Mayor Kranstuber, yes; Mr. Reiner, yes; Mrs. Boring, yes.
Fee Waiver - Dublin Arts Council
Mayor Kranstuber noted that the DAC has requested waiver of fees related to City
services for the Sundays at Scioto concert series and the Dublin Art and Music Festival.
Mr. Hansley stated that Council has consistently waived these fees in the past.
Ms. Puskarcik noted that the estimated cost of City services (police and
grounds/facilities) is $3,729 for the Sundays at Scioto Series and $5,480 for the Arts and
Music Festival.
Mr. Adamek moved to grant to the DAC a waiver for the cost of City services for the
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DAYTON LEGAL BLANK INC. FOAM NO 10148
Held April 23, 2001
,
(YEAR)
I 2001 Sundays at Scioto Series and the September 30 Dublin Art and Musical Festival.
Mr. Reiner seconded the motion.
V ote on the motion - Ms. Chinnici-Zuercher, yes; Mayor Kranstuber, yes; Mr. Reiner,
yes; Mr. McCash, yes; Mr. Adamek, yes; Mr. Peterson, yes; Mrs. Boring, yes.
~ LEGISLATION
TABLED ORDINANCES SCHEDULED FOR HEARING
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 moved to withdraw the ordinance.
Mr. Reiner seconded the motion.
Mr. Smith stated that the City has now negotiated an agreement with Mr. Galli which will
be voted upon later tonight.
V ote on the motion - Mr. Peterson, yes; Mr. Adamek, yes; Mr. McCash, yes; Mrs.
Boring, yes; Ms. Chinnici-Zuercher, yes; Mayor Kranstuber, yes; Mr. Reiner, yes.
PUBLIC HEARING/SECOND READING - ORDINANCES
Ordinance 37-01 - An Ordinance Accepting the Annexation of 5.651 +/- Acres from
Washington Township to the City of Dublin.
Mr. Hansley stated that this annexation has now been approved by the Franklin County
Commissioners, and staff recommends approval, consistent with the policy to annex
islands of township within the City limits.
Vote on the Ordinance - Mr. Reiner, yes; Mrs. Boring, yes; Ms. Chinnici-Zuercher, yes;
"......, Mr. Peterson, yes; Mr. McCash, yes; Mayor Kranstuber, yes; Mr. Adamek, yes.
Ordinance 39-01 - An Ordinance Authorizing the City Manager to Enter into an
Agreement with the Union County Board of Commissioners for Services ofthe
Union County Emergency Management Agency for the Portion of the City of Dublin
Which Lies Within Union County.
Mr. Hansley stated that staff recommends adoption as Union County has requested that
the City formalize this agreement.
V ote on the Ordinance - Ms. Chinnici-Zuercher, yes; Mayor Kranstuber, yes; Mr. Reiner,
yes; Mr. Peterson, yes; Mr. Adamek, yes; Mrs. Boring, yes; Mr. McCash, yes.
Ordinance 40-01 - An Ordinance Accepting the Lowest/Best Bid for the Hanna Hills
and MacBeth/MacDuffWater Line and Sanitary Sewer Improvements and Dublin
Manor Water Line Improvements Projects, and Declaring an Emergency.
Mr. Hansley stated that, based on direction at the last meeting, staff sent out notices to all
affected residents regarding this matter, including information regarding the requirement
to tap in to a sewer line when available, the possibility of requiring tap-in to the water
line, and an estimate of costs for tap-in fees and to bring the line from the street to the
residence. Some residents are present tonight to testify.
Bill Bownas, 7365 Bellaire A venue stated that he has been acting as an ombudsman for
.-.... their area for communication purposes. A question has arisen of whether it is the City's
intent to require residents to tap-in to either the sanitary sewer lines that presently exist
on Bellaire or to the water line to be installed in the future, as the letter indicates this is a
possibility.
Mr. Hansley stated that the City presently has an ordinance requiring sewer tap-in ifthe
line is available. In terms oftap-in to the water line, Council is not assessing the costs of
running the major line, anticipating that residents will tap-in to the line when available. It
would not make sense for the City to make the investment if the residents do not tap in to
the line. Their only costs would be in bringing the line from the street to the house, and
the tap-in fees.
Mayor Kranstuber summarized that Council had directed staff to send this letter to ensure
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RECORD OF PROCEEDINGS
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DAYTON LEGAL BLANK INC. FORM NO. 10148
Held April 23, 2001
,
(YEAR)
that residents are notified of the potential for a required tap-in when the line is available.
They did not want this to be a surprise to the residents.
Mr. Adamek agreed.
Mr. Bownas stated that he personally has sewer service and will hook into the water line
~ when available. While there is a significant minority who would prefer to keep their
wells, the majority will want to hook up to the water when it is available. There are
-" approximately 47 homes in his area, and well over 25 plan to hook up. He is merely
trying to get a sense of what Council's intent is in regard to mandatory hook-up. There is
presently a sanitary trunk line up the length of Bella ire Avenue in its north/south portion.
There is a portion of the area, including Limerick Lane, Bellaire Court, and the east/west
portion of Bellaire A venue which does not have sanitary sewer. He summarized that
there is an existing law that requires hook-up to a sanitary sewer line within 100 feet ofa
home, and there mayor may not be an ordinance to require hook-up to an available water
line, depending on Council's decision. He asked for an estimated date of when the
Dublin Manor water line will be completed. Engineering has indicated the project may
take up to a year.
Mr. Kindra stated that the project is split into three geographical areas, but the project
will all be completed by the end of2001.
Mr. Adamek stated that the memo dated April 18 does not include any costs for sewer
line for Dublin Manor. Why is this not included ifthey do not presently have sewer?
Mr. Kindra responded that only a water line was requested for this portion, so the proj ect
was designed for only water and not sewer.
_. Mr. Adamek stated that if some of the residents do not have sewer connections and they
are mandated to hook up into a chlorinated water system, it could render their system
useless.
Mr. Hansley stated that this often happens, but not always. The neighborhood did not
request a sewer line at this point in time.
Mrs. Boring asked why this subdivision was allowed to be built with City water and
septic systems?
Mr. Hansley stated that this occurred prior to his service - he does not know why this was
permitted.
Ms. Chinnici-Zuercher stated that she does not recall Council being informed of this as
being problematic at the time the water and sewer services were discussed.
Wallace Maurer. 7451 Dublin Road asked if obtaining water service is conditioned upon
sewer service. He and his neighbors have been previously contacted by the City and
understood that the water line would be available to them.
Mr. Hansley stated that the ordinance before Council tonight awards the bid. Based upon
feedback from the residents tonight, Council believes there is general support for the
project going forward, even if tap-in will be required. If there were a lot of opposition,
Council would have reconsidered their plan.
-~
, Mr. Maurer asked if tapping into the water system is contingent upon tap-in to the sewer
system.
Mr. Hansley stated that it is not. If, however, at a later date his septic system would fail
and there was public sewer available at that time, the City could require hook-up.
Mr. Maurer asked for clarification ofthe estimated cost of the project and the bids.
Ms. Grigsby provided details.
Mr. Hansley stated that the positive aspect for the residents is that the City is not planning
to assess the property owners for the main water and sewer lines - the residents will have
to pay only the tap-in and fees to bring the service to their house.
Ms. Grigsby stated that some residents have called her with questions about' the timing of
the improvements, verification ofthe costs, and concerns about tap-in being required
, , I i J
RECORD OF PROCEEDINGS
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DAYTON LEGAL BLANK INC. FORM NO 10148
Held April 23, 2001
,
(YEAR)
immediately in cases where they have recently installed a new septic system.
Mayor Kranstuber stated that Council's vote tonight is whether or not to accept the bid
for the project. A separate policy issue is whether or not tap-in will be required.
~- Lance Clark. 4425 Hanna Hills Drive stated that the letter indicates the possibility of
granting relief from required tap-in for cases where a system has recently been installed.
He personally has loans outstanding for the new septic systems which Franklin County
Board of Health required he install in 1999.
Mayor Kranstuber asked what Mr. Clark felt would be fair in terms of required phase-in.
Mr. Clark responded that perhaps a five-year phase in would be reasonable in view of
situations such as his.
Mr. Hansley stated that Council could approve by motion the intent to allow some
exceptions in view of unusual circumstances. He added that the value of the homes with
water and sewer services will increase, allowing the possibility of a home equity loan
based on the increased value. Staff will work through the exceptional situations, given a
motion by Council to direct that. At a minimum, staff would expect that upon resale, the
new owner would be required to tap-in.
Mr. Clark noted that he has not had any problem with his well water. Would he be
required to eliminate his well altogether?
Mr. Hansley stated that the Board of Health may require abandonment of a well upon tap-
in to a water system, but he would have to check on that.
Mr. Adamek noted that he believes hook-up should be required in view of the fact that
-. the City is not assessing the property owners for the $3 million plus costs of this major
proj ect.
Mr. McCash stated that the serious health concerns raised by the property owners has
prompted Council to provide these lines, so he would assume everyone will proceed to
tap-in. He has no issue with requiring tap-in.
Ms. Chinnici-Zuercher noted that residents had testified regarding the health issues
related to the existing systems, and ifthe City is funding the project, not requiring tap-in
within a reasonable time period would be fiscally irresponsible.
Mr. Peterson, Mr. Reiner and Mrs. Boring indicated their agreement as well.
Helen Carvour, 4191 MacDuff Way noted that she built her house five years ago and
spent $10,000 for well and septic systems. Her house is set back 500 feet from the
roadway - would she be required to tap in for both?
Mr. Hansley stated that staff would recommend in exceptional cases that a temporary
waiver be granted.
Mayor Kranstuber summarized that, conceptually, Council will direct staff tonight to
draw up legislation requiring tap-in, yet providing waivers for exceptional circumstances.
Mayor Kranstuber moved to direct staff to prepare an ordinance to require tap-in, taking
into consideration extraordinary circumstances which would warrant delayed tap-in for
individual property owners.
Mr. Reiner seconded the motion.
~ Mr. Adamek asked if any Council Members are willing to consider assessing some ofthe
capital costs?
Mayor Kranstuber agreed that a final decision on this matter was not made previously by
Council.
Noone expressed interest in pursuing this option.
Mayor Kranstuber called for a vote on the motion.
Vote on the motion - Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. Reiner, yes; Ms.
Chinnici-Zuercher, yes; Mr. McCash, yes; Mr. Adamek, yes; Mr. Peterson, yes.
Mayor Kranstuber moved for emergency passage of Ordinance 40-01.
Mr. Peterson seconded the motion.
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DAYTON LEGAL BLANK INC. FORM NO 10148
Held April 23, 2001
,
(YEAR)
Vote on the motion - Mr. Reiner, yes; Ms. Chinnici-Zuercher, yes; Mr. McCash, yes;
Mrs. Boring, yes; Mr. Peterson, yes; Mr. Adamek, yes; Mayor Kranstuber, yes.
Vote on the Ordinance - Mr. McCash, yes; Mayor Kranstuber, yes; Mr. Peterson, yes;
Mr. Reiner, yes; Mr. Adamek, yes; Ms. Chinnici-Zuercher, yes; Mrs. Boring, yes.
- INTRODUCTION & FIRST READINGS - ORDINANCES
Ordinance 55-01 - An Ordinance Waiving Competitive Bidding Requirements,
Pursuant to Section 8.04 ("Contracting Procedures"), Paragraph C "Waiver of
Competitive Bidding"), for the Procurement of Services to Install Approximately
140 Feet of Cured in Place Lining Within an Existing 48" Storm Sewer.
Mr. Adamek introduced the ordinance.
Mr. Hansley indicated that staff is requesting waiver of competitive bidding as outlined in
the memo.
Mrs. Boring suggested that a cap be placed on this project, in view of the situation related
to the southwest traffic calming.
Mr. Hansley stated that staff will be requesting adoption at the second reading and will
have a final amount prior to award of the contract.
There will be a second reading and public hearing at the May 7 Council meeting.
Ordinance 56-01 - An Ordinance Waiving Competitive Bidding Requirements,
Pursuant to Section 8.04 ("Contracting Procedures"), Paragraph C ("Waiver of
Competitive Bidding"), for the Procurement of Services to Bypass Sanitary Sewer
Flow, Clean and Televise 4,500 Feet ,of Sanitary Sewer Line.
Mr. Adamek introduced the ordinance.
Mr. Hansley stated that staff will be requesting passage at the second reading. The memo
outlines the specific reasons for the request for waiver of bidding requirements.
- There will be a second reading and public hearing at the May 7 Council meeting.
Ordinance 57-01 - An Ordinance Authorizing the Purchase of a 1.32 Acre, More or
Less, Tract of Land, From Robert A. Layman III, Located at 5868 Post Road, City
of Dublin, County of Franklin, State of Ohio, and Declaring an Emergency.
Mr. Adamek introduced the ordinance.
Mr. Smith noted that staffhas reached agreement with Mr. Layman on the sale price and
requests passage by emergency at this time.
Mayor Kranstuber moved to dispense with the public hearing and for emergency passage.
Mr. Adamek seconded the motion.
Vote on the motion - Mr: Peterson, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mr. Adamek,
yes; Mr. McCash, yes; Mayor Kranstuber, yes.
Vote on the Ordinance - Mr. Reiner, yes; Mr. Peterson, yes; Mayor Kranstuber, yes; Mr.
McCash, yes; Mr. Adamek, yes; Mrs. Boring, yes.
Ordinance 58-01 - An Ordinance Amending the Annual Appropriations Ordinance
for the Fiscal Year Ending December 31, 200l.
Mr. Adamek introduced the ordinance.
Ms. Grigsby stated that as part of the tree preservation ordinance, fees are collected and
deposited to the general fund. Each year, those dollars are then appropriated for purchase
of trees to be planted in public land within the City.
,...-... Mr. McCash noted that the Wellington residents had previously requested funds for
landscaping of the Brand Road area, and asked for an update.
Mr. Hahn responded that Ms. Wanner of Planning Division has submitted a grant
application to ODNR for the Wellington subdivision project. Staff is hopeful of
obtaining grant monies for that specific project.
Mr. Adamek moved to dispense with the public hearing.
Mr. Reiner seconded the motion.
V ote on the motion - Mr. Adamek, yes; Mr. Peterson, yes; Mrs. Boring, yes; Mr.
McCash, yes; Ms. Chinnici-Zuercher, yes; Mr. Reiner, yes.
Vote on the Ordinance - Mr. McCash, yes; Mr. Adamek, yes; Mr. Peterson, yes; Ms.
Chinnici-Zuercher, yes; Mrs. Boring, yes; Mr. Reiner, yes.
Ordinance 59-01 - An Ordinance Authorizing the Purchase of a 36.748 Acre, More
1:1
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DAYTON LEGAL BLANK INC. FORM NO. 10148
Held April 23, 2001
,
(YEAR)
or Less, Tract of Land, From Anacleto Galli, 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. (Ballentrae Golf Course)
Mr. Adamek introduced the ordinance.
Mr. Smith noted that this provides for purchase of the Galli tract at approximately
..-' $46,000 per acre. One million will be paid to the seller this year, and the remainder is to
be paid next year. Staff is requesting emergency action.
Mr. Adamek moved to dispense with the public hearing and treat this as emergency
legislation.
Mr. Reiner seconded the motion.
Vote on the motion - Mr. Peterson, yes; Mr. Adamek, yes; Mr. Reiner, yes; Ms.
Chinnici-Zuercher, yes; Mr. McCash, yes; Mrs. Boring, yes.
Vote on the Ordinance - Mr. McCash, yes; Mr. Peterson, yes; Mr. Adamek, yes; Mr.
Reiner, yes; Mrs. Boring, yes; Ms. Chinnici-Zuercher, yes.
Ordinance 60-01 - An Ordinance Authorizing the Purchase of a 3.26 Acre, More or
Less, Tract of Land, From Parks-Feidner, LTD., Located at 5745 Avery Road, City
of Dublin, County of Franklin, State of Ohio, and Declaring an Emergency.
(Ballentrae Golf Course)
Mr. Adamek introduced the ordinance.
Mr. Smith stated that this ordinance relates to the purchase of two parcels. The legal
description as attached is correct, but the title of the ordinance needs to be amended as it
presently includes the tax mailing address for the landowner. The ordinance actually
relates to two lots along Woerner-Temple, and therefore, the title should be amended.
Mrs. Boring moved to clarify the title to reflect that the two parcels being purchased are
located along Woerner-Temple Road and are owned by Parks-Feidner, Ltd. of5745
- A very Road.
Ms. Chinnici-Zuercher seconded the motion.
V ote on the motion - Ms. Chinnici-Zuercher, yes; Mr. Peterson, yes; Mr. Reiner, yes;
Mrs. Boring, yes; Mr. McCash, yes; Mr. Adamek, yes.
Mr. Adamek moved to dispense with the public hearing and to treat this as emergency
legislation.
Mr. Peterson seconded the motion.
V ote on the motion - Mr. Reiner, yes; Mrs. Boring, yes; Mr. Adamek, yes; Mr. McCash,
yes; Ms. Chinnici-Zuercher, yes; Mr. Peterson, yes.
V ote on the Ordinance - Mrs. Boring, yes; Ms. Chinnici-Zuercher, yes; Mr. Peterson,
yes; Mr. Reiner, yes; Mr. Adamek, yes; Mr. McCash, yes. I
Ordinance 61-01- An Ordinance to Appropriate a 0.211 Acre, More or Less,
Bikepath Easement From AERC Perimeter Lakes, Inc., Located South of
Post Road, City of Dublin, County of Franklin, State of Ohio, and Declaring
an Emergency.
Mr. Adamek introduced the ordinance.
Mr. Smith stated th<:Lt this ordinance relates to negotiations with the property
owner to secure a bikepath easement in this location.
Mr. Adamek moved to dispense with the public hearing and treat this as
emergency legislation.
Ms. Chinnici-Zuercher seconded the motion.
.......... Vote on the motion - Mr. McCash, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr.
Adamek, yes; Mayor Kranstuber, yes; Ms. Chinnici-Zuercher, yes.
Vote on the Ordinance - Mr. Adamek, yes; Ms. Chinnici-Zuercher, yes; Mr.
McCash, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mayor Kranstuber, yes.
Ordinance 62-01 - An Ordinance to Appropriate a 0.098 Acre, More or Less,
Fee Simple Interest, a 0.114 Acre, More or Less, Permanent Utility
Easement, and a 0.528 Acre, More or Less, Temporary Construction
Easement, From HDB Limited Partnership, Located East of Wilcox Road
and North of Innovation Drive, City of Dublin, County of Franklin, State of
Ohio, and Declaring an Emergency. (Southwest Calming - Wilcox Road)
Mr. Adamek introduced the ordinance.
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DAYTON LEGAL BLANK INC. FORM NO. 10148
Held April 23, 2001
,
(YEAR)
Mr. Smith requested that this be held over until the next meeting, as it is tied to the
southwest traffic-calming project discussed previously tonight.
The ordinance will be held over for second reading/public hearing at the May 7
Council meeting.
~ INTRODUCTION & PUBLIC HEARING - RESOLUTIONS
Resolution 28-01 - A Resolution to Set Forth a Statement of Services to be Provided
to the Area in a Proposed Annexation of 25.434+/- Acres from Washington
Township, Franklin County to the City of Dublin, Ohio as Required by Section
709.031 of the Ohio Revised Code. (Charles J. Simon, et al. - Indian Run Estates)
Mr. Hansley noted that per state code, the City is required to provide a statement of
services to the county commissioners regarding what services, if any, the City will
provide upon annexation. Staff will likely recommend Council approve this annexation,
as it is another island of township within the City limits.
V ote on the Resolution - Mr. Reiner, yes; Mrs. Boring, yes; Mr. McCash, yes; Mayor
Kranstuber, yes; Mr. Adamek, yes; Ms. Chinnici-Zuercher, yes.
Resolution 29-01 - A Resolution Expressing the City of Dublin's Concern over
Senate Bill 5 (SB5) and Directing the City Manager to Forward These Concerns to
the Local Government and Townships Committee and All Members of the Ohio
House of Representatives.
Mr. Adamek introduced the resolution.
Mr. Hansley indicated that Mr. Ciarochi has done extensive research on this matter and
has attended hearings before the General Assembly in regard to this issue.
Mr. Ciarochi reported that Senate Bill 5 has been approved by the Senate and referred to
the House, where it is currently in the Local Government and Townships Committee.
- One opponent hearing has been held; several proponent hearings have taken place.
Another hearing is scheduled on Wednesday at 10 a.m. at the State House. He hopes to
have an opportunity to testify at the Wednesday hearing. The Resolution outlines several
of the City's concerns regarding SB5 in its current form. From discussions with MORPC
and OML officials, it is clear that some version ofthe bill will be approved by the House
this year. He clarified that Section 1, subparagraph (a) of the resolution should be
eliminated, as the maximum area for annexations applies only in situations where 100
percent ofthe property owners sign the petition for annexation, and the intent is to
provide an abbreviated process.
Other areas of concern are:
. Currently, annexation legislation requires that an area be contiguous to the
municipal boundaries. This bill would require at least 10 percent of the periphery
of the area to be annexed to be contiguous to the municipal corporation. It would
be problematic for some ofthe larger annexations that simply abut the City
boundaries with not a lot of contiguous area. In some cases, this could present a
problem for some economic development projects oflarge acreage.
. For 100 percent annexation petitions, while the new bill accommodates an
abbreviated process, the discretion provided to the county commissioners is fairly
significant. They can force those into the formal process by virtue of a guideline
such as the 350-acre maximum size. Staff believes this is too cumbersome,
considering that all property owners involved in that petition agree it is their desire
~ to have their property annexed to the City.
. The definition ofthe good ofthe area has been expanded tremendously in SB5.
Currently, the good ofthe area is defined as for the good of the area being annexed.
It is now being defined to include a one-half mile radius for the unincorporated
area surrounding the annexation. The bill is biased, as it does not include the one-
half mile radius for the area inside the corporation, effectively precluding City
residents from testifying in support of an annexation. For example, an annexation
could bring an extension of a sewer trunk: line which would lower the cost of
services for other residents using that trunk line.
. The biggest area of concern relates to the reimbursement schedules, as outlined in
the OML report. The reimbursement schedules for commercial and industrial
begin at 100 percent for the first three years, and end at 15 years at 42.5 percent of
the today market value ofthe property, based upon the millage rate that the
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DAYTON LEGAL BLANK INC. FORM NO. 10148
Held April 23, 2001
,
(YEAR)
township applies. The City believes that the time period is too long and too
aggressive from the standpoint of bringing too much money back to the townships
over that period of time.
. There is another issue which relates to a paper township. With SB5, if Dublin does
not create a paper township and does not extend its boundary to incorporate those
- areas of township, the reimbursement schedule is not applicable. However, if the
City should later take over Washington township, we then become a paper
township and when we extend the boundary for future annexations, the schedule is
then applicable. It is important to protect Dublin's future interests.
Based upon all of the foregoing, staff recommends adoption of the Resolution, with
elimination of Section 1, subsection (a). It will authorize the City to provide this as
testimony at the Committee hearing and to provide copies to all members of the House.
The Bill may be heard by the House as early as July, according to the OML.
Mr. Ciarochi added that there are some amendments proposed to SB5, but they have
not been formally introduced at this time. Rep. Wolpert has introduced some
amendments that may address some of the City's concerns. However, no one at this
time is proposing amendments to the reimbursement schedule.
Mayor Kranstuber asked if the City has a lobbyist retained for this purpose.
Mr. Hansley responded that OML and MORPC have lobbyists working on this issue,
and the Law Department has a lobbyist working on the City's behalf.
Mayor Kranstuber asked what Governor Taft's position is on the Bill.
Mr. Hansley responded that the Governor has not taken an official position.
Mayor Kranstuber asked if it would be prudent for the City to annex areas, in view of
this pending legislation.
Mr. Hansley responded that the City has never initiated an annexation, other than the
- soccer stadium land which was land already owned by the City. Annexations are
always initiated by the property owner, not the City. However, there has recently been
a lot of annexation petition activity, likely as a result of this pending change.
Mayor Kranstuber asked if there is any legal reason which would preclude the City
from initiating annexations.
Mr. Hansley stated that because the City has not initiated annexations in the past, he
would not recommend initiating them at this point in time, unless there was a particular
economic development project which would be related to an annexation.
Mayor Kranstuber stated that most of the desirable area for economic development has
already been annexed by Dublin. The outlying areas are generally farmland that would
be used for residential use.
Mr. Hansley commented that there is no logic to requiring that a City makes payment
to the township following an annexation, as the township will have less land to provide
services for as areas are annexed into a City.
Mr. Adamek moved to amend the Resolution to eliminate Section l(a) and to renumber
the subsequent subsections.
Mr. Peterson seconded the motion.
V ote on the motion - Mr. McCash, yes; Ms. Chinnici-Zuercher, yes; Mr. Adamek, yes;
Mr. Peterson, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mayor Kranstuber, yes.
Vote on the Resolution - Mr. Peterson, yes; Mayor Kranstuber, yes; Mrs. Boring, yes;
~ Mr. Reiner, yes; Mr. Adamek, yes; Ms. Chinnici-Zuercher, yes; Mr. McCash, yes.
OTHER
. Hotel/Motel Tax Recommendation of Finance Committee
Dublin Kiwanis Frog Jump
Mr. McCash reported that the Finance Committee is recommending an award of an
amount not to exceed $4,000 to cover the cost of City services. He asked for clarification
from Ms. Puskarcik regarding the availability of City tents for their event.
Ms. Puskarcik responded that the City no longer lends tents during the busy event season,
due to a limited number on hand and the need to have them available for City-sponsored
events in that same time period. Sometimes tents are returned damaged, and they are
then not available for City events.
Mr. McCash stated that the Kiwanis just found out that they were not able to obtain tents
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RECORD OF PROCEEDINGS
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DAYTON LEGAL BLANK INC. FORM NO. 10148
Held April 23, 2001
,
(YEAR)
from the City, and asked ifthere was a recent policy change.
Ms. Puskarcik responded that the tents have always been lent based on availability and
timeframe.
Ms. Chinnici-Zuercher stated that Ms. Edwards informed the Kiwanis that the Kiwanis
could purchase the tents, and that the City would then store them. The Kiwanis were
r-: surprised to learn that the tents were no longer available and that they would have to
incur this expense.
Mr. Hansley suggested that a pool of tents could be purchased from hotel/motel tax funds
to be used specifically for these kinds of community events. That would be a Council
decision. The other option is for the City to stay out of the business of tent rental or
lending and have the various organizations provide their own tents, store them, and
maintain them.
Discussion continued about the City's supply of tents, the cost of them, the various
demands for them and criteria for the groups who borrow them.
Mr. Hansley stated that the City adopted a policy this spring indicating that they were no
longer in the tent rental business - that the tents owned by the City would be used strictly
for City events. This change was made because ofthe damage being done to City tents
and the fact that the City was competing with private businesses in the tent rental
business.
Mayor Kranstuber asked Council to provide direction to staff regarding the City's
purchase of tents for use by non-profit groups.
It was the consensus of Council that the City should not be in the business of providing
tents.
Mr. McCash moved to adopt the recommendation of the Finance Committee for a grant
for the Dublin Kiwanis of up to $4,000 for cost of City services and purchase of four
- tents to be used for the Frog Jump, and that the Kiwanis will be responsible for tent
storage.
Mr. Peterson seconded the motion.
Vote on the motion - Mr. Reiner, yes; Ms. Chinnici-Zuercher, yes; Mayor Kranstuber,
yes; Mr. Adamek, yes; Mrs. Boring, yes; Mr. Peterson, yes; Mr. McCash, yes.
. Report from staff regarding fence code
Mr. Gibson stated that the fence code was amended in March of 2000, after a three-year
effort by Council, Planning & Zoning Commission, and various subcommittees. The
changes included:
. Restriction of maximum allowable fence height from 7 feet to four feet
. Restricted fences to the buildable area of the lot for all lots under 30,000 square feet
. Limited chain link fences to commercial districts
. Prohibited PVC fencing
. Revised conflicting provisions between the general code and PUD provisions
Staff reviewed the permits issued over the past year (16); examined the number of
variances applied for (10); of those, four were approved, four were conditioned very
heavily, and in each case of approval, there were some significant circumstances involved
which the BZA deemed sufficient to meet the practical difficulty criterion.
The biggest complaint relates to the prohibition of perimeter fencing in back yards, the
fact that a neighbor can have such an existing fence and a new applicant cannot.
- He noted that Mr. Marshall and Ms. Coen, Development Review Specialists are present
tonight to provide additional clarification. The comments received during the past year
regarding the fence code have been "spirited", and copies ofletters received to date were
forwarded to Council.
Mayor Kranstuber invited public testimony.
Jane Detien. 4160 MacDuff Way stated that Council adopted a Strategic Communications
Plan which includes a goal of increasing dialogue between Council and their constituents.
Nonetheless, Council has yet to seek input from residents regarding the electric fence
financed with tax dollars at 4200 MacDuff Way. At least 8 of 13 homeowners on this
cul-de-sac are opposed to this type of fencing in their neighborhood or any other Dublin
neighborhood. The fencing has caused a division in their peaceful and congenial
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RECORD OF PROCEEDINGS
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Held April 23, 2001
,
(YEAR)
I neighborhood. She asked that Council reconsider their position and continue to prohibit
electric fences.
Jeff Leach. 6840 Sparrow Lane noted that the report from staff regarding fencing does
not include his application for a fence permit which was rejected in March. He would
~- therefore challenge the numbers in the report.
Mr. Adamek asked for clarification that Mr. Leach has not yet moved into his home in
Hawk's Nest.
Mr. Leach confirmed this. He added that had they not sold their current home, he would
not be moving into Dublin in view of the fencing restrictions.
Mr. Adamek noted that Council approached the revisions to the fence code with a lot of
forethought, seriousness, and a great deal of consideration of how the community has
grown and how it should be preserved in years to come. Council has gone as far as
asking developers to include fencing guidelines in their deed restrictions. This matter
was not taken lightly by Council- it was thoroughly reviewed over a period of many
months at the Council Committee level, at P&ZO, and again by Council. During that
time, very few citizens expressed the level of emotion Mr. Leach has displayed tonight in
regard to the revisions. Mr. Adamek added that he believes Mr. Leach is in the minority
of those who are opposed to a strict fence code.
Mr. Leach indicated that ifthere were 16 applications for fence permits and 10 were
rejected, he is apparently not in a minority. While he would like a durable and
maintenance-free PVC fence, he would forego that option in exchange for having a
perimeter fence. The Planning staff in fact refused to even discuss the issue with the
.......-... manufacturer of the PVC fence.
Mayor Kranstuber responded that it would not have been productive for staff to discuss
this matter with the fence manufacturer, as staff administers the Code adopted by
Council. Council adopted laws prohibiting PVC and requiring setbacks for fencing, and
staffs job is to administer the Code in place. Citizens opposed to the fence code should
direct their comments to Council, not to staff. Many areas of Dublin, such as Muirfield,
do not allow fencing. He believes that a quality community can set standards as they see
fit, and objects to someone who feels they can do whatever they want with their property.
Mr. Leach noted that he is not challenging the fence material restriction. His position is
that he purchased this home based on the fact that the fence was permitted, and
subsequently, the code was changed to prohibit such a fence. He had checked with staff,
yet was not told of this pending change.
Mr. Hansley responded that codes are always subject to change, and staff's role is to
administer the current code.
Discussion continued.
Mayor Kranstuber asked for comments from staff regarding the setback issue which has
been the focus of many complaints.
Mr. Marshall responded that the restriction that fences must be built in the buildable area
r of the lot has been very unpopular. It is particularly unpopular with those whose
neighbors have legally non-conforming fences on property lines and people want to
connect their fence to the existing fence. The new code creates a "tunnel" effect between
adjacent fences.
Mrs. Boring stated that she respects Mr. Leach's frustration with the code changes and
the communication problems.
Discussion continued.
Mayor Kranstuber asked Mr. Gibson if other communities have similar types of
restrictions.
Mr. Gibson responded that Council's direction to staffwas to restrict fencing as much as
.. :: "
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RECORD OF PROCEEDINGS
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DAYTON LEGAL BLANK INC. FORM NO. 10148
Held April 23, 2001
,
(YEAR)
possible in the hope of preserving the open vistas. He understands the frustration ofthose
affected by the change of requirements. He acknowledged that some communities
prohibit all types of fencing, and some allow none - there is quite a range.
Mrs. Boring commented that she is concerned with the "tunnel" created with adjacent
~.. yard fences, in view of the new requirements. Some people install fences to discourage
cut-through traffic on their properties, i.e., next to the Rec Center or the high school
property. The alleyways create maintenance issues for mowing. She does sympathize
with those who want to discourage cut-through traffic.
Mr. Reiner stated that the common good has to prevail. Sixteen fence permits in a City
of this size is not a substantial amount. The open space is what makes the community
beautiful, and the aesthetics are enhanced by prohibiting these kinds of fences. If 4,000
people indicated they wanted relaxed standards for fencing, that would be different.
Mayor Kranstuber asked if there is any support from Council for revisiting the fencing
restrictions.
Mr. McCash stated that the issue with alleyways created with sideyard setback
requirements was somewhat confusing in situations where multiple adjoining properties
desire fencing. The biggest concern of Council was with perimeter privacy fencing,
particularly the kind that was placed along the right of way as it is along Frantz Road.
There are aesthetic and security issues with this type of fence. He would not support
fences closer to the property line than at the building setback. He does not believe there
is any better way to deal with this than the current fence code.
.r- Mr. Adamek stated that he has made it very clear that he does not like fences and would
prefer to have none in the City. He had hoped to take some slides of areas in other
communities where a barnyard effect is created with a string of fences down a green
corridor. Dublin has worked very hard to establish and maintain a rural, open character.
The Code as written does permit some fencing for various reasons, i.e., swimming pools,
etc. while still supporting the aesthetics of the community as a whole. Amending the
current code will undermine all of the efforts made to date to acquire and maintain open
space. He does not want to see the Frantz Road scenario repeated across from Avery
Park or on the border of Coffman Park. The fence code allows for situations where a dog
requires a fence in the buildable area ofthe back yard. Fences do not contain children,
and believing that they do creates a false sense of security.
Mayor Kranstuber asked Mr. Marshall if leaving the fence code intact will make
administration of the code difficult.
Mr. Marshall responded that the fence code complaints far exceed those regarding the
sign code. Fences are a very emotional issue, as they are part of a home. Many
complaints relate to not being aware of a pending code change.
Ms. Coen added that she does a majority of the residential plan review which includes
decks. Currently, a deck can encroach the required rear yard setback by five feet and a
fence cannot. So, a fence needs to stop at that rear yard setback. An area of yard where a
~ screened porch could have been built can now have nothing higher than a four-foot
privacy fence. Often, hot tubs generate a request for a six-foot privacy fence, but now
they are permitted only a four-foot fence.
Mr. Adamek pointed out that anyone with a hardship situation still has the option of
appealing this to the BZA who could grant a variance.
Mr. Reiner stated that another option is installing evergreens for screening.
Mrs. Boring moved to direct staff to bring back some options to Council, based on the
concerns voiced tonight regarding aesthetics, materials, height and setback issues.
The motion died for lack of a second.
Mayor Kranstuber stated that the most troublesome part of the regulation is the sideyard
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RECORD OF PROCEEDINGS
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DAYTON LEGAL BLANK INC. FORM NO. 10148
Held April 23, 2001
,
(YEAR)
setback, but he is not willing to revisit all ofthese issues.
Mr. Peterson stated that there is a procedure provided for appeal, and trying to address all
of the exceptions in the rule negates the rule itself. The applicant can always submit an
appeal.
Mr. Reiner acknowledged that there is no perfect solution. There is either a proliferation
of fences or an orderly, limited fence code. It is an issue of aesthetics.
Mr. McCash stated that his understanding is that a privacy fence would be allowed with a
deck.
Mr. Gibson stated that this is permitted, but it is restricted to four feet above the level of
the deck.
There was no motion from Council to amend the existing fence code.
Mrs. Boring noted that the other issue raised in this discussion was the electric fence on
MacDuff.
Ms. Chinnici-Zuercher stated that fencing was installed ,as part of a pilot program for deer
management.
Mr. Hansley agreed, stating that Council had allowed this as part of an experimental
program on two properties in Dublin.
Ms. Detjen commented that the people in the neighborhood must be considered in these
decisions. There are safety issues for the residents with such a program.
,.-.. Mr. Adamek stated that the information provided by staff indicates that the fence is a low
voltage fence, not harmful to humans, baited to attract the deer, and only activated at
certain times of day. The City is working with the Ohio Wildlife Center on this
experimental program. Council is very interested in feedback from the residents during
this trial program. It is a temporary program to be evaluated at a later date.
Following lengthy discussion with the resident, Mr. Hansley indicated that staffwill
provide an evaluation report at the May 21 Council meeting. The issues are the
effectiveness of the program and the response from the neighborhood residents.
Another resident asked how the Canadian geese problems will be addressed.
Mr. Hansley responded that the City is working with the Ohio Wildlife Center on this,
and efforts may include using a border collie to assist. Staff has been working with
several civic associations on this particular issue.
Council Round Table/Committee Reports
Ms. Chinnici-Zuercher reported:
1. The issues raised by Mr. Coma in regard to the impact ofthe mounding around
the Nicklaus sculpture are legitimate ones which the City should review.
Mounding also impacts the public art piece in Coffinan Park.
2. In the OML Legislative Bulletin of April 20, it indicates that the fire standards
will be voted upon in May. She asked if Chief Bostic will be attending this
meeting in California?
Chief Bostic stated that the township will have representation at that meeting.
Ms. Chinnici-Zuercher added that this matter was discussed at the NLC Public Safety and
Crime Prevention Committee where concerns were expressed about a city's ability to
comply with the new standards in view of the exorbitant costs of implementation.
Mr. Hansley added that the ICMA and NLC are actively opposing adoption of this
standard, but it is not clear what the outcome will be at this point.
3. A letter was sent to Council regarding burial of utility lines in neighborhoods.
She asked to be copied on the staff response to this issue.
4. This week is National Volunteer Week, and she has provided each Council
member with a small reward for all of their volunteer work, including phone
contacts for additional volunteer opportunities.
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RECORD OF PROCEEDINGS
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DAYTON LEGAL BLANK INC. FOAM NO. 10148
Held April 23, 2001
,
(YEAR)
I
Mayor Kranstuber noted in regard to the Nicklaus sculpture that the mounding does block
the granite base. Could staff check on this?
Mr. Hansley responded that he had asked Mr. Hahn to check on this in follow-up to the
letter.
..-
Mr. McCash asked about the status of the Cherry fence issue.
Mr. Smith responded that Council will recall that a fence was permitted at the Cherry
residence to accommodate a handicapped child. The condition of approval was that the
fence would be removed when the house was sold or the child was no longer living in the
home.
Mr. McCash stated that Mr. Cherry had asked if Council would consider allowing the
existing fence to remain if the height were reduced to four feet.
The consensus of Council was that any new fence must be compliant with the new fence
code. Council was not willing to allow the existing fence to remain or to be altered.
Mr. Peterson thanked Mr. Price for staffs efforts in working with Kathy Vanatta on
issues with her condominium unit.
Mr. Reiner reported:
1. The Community Development Committee will meet tomorrow evening at 7 p.m.
regarding the prioritization of Old Dublin improvements and the recommendation
of the Post Road committee.
2. Congratulations to Mr. Kindra for the nice article regarding City projects in the
LTAP Quarterly.
- Mrs. Boring noted that she had a request from a River Forest resident regarding access to
the bikepath across the street. They have a path which connects, but it is not in good
condition. Could staff report back on the possibility of providing this? She is not certain
if it is located on the City right-of-way.
Mr. Hansley agreed to have staff review this and report back.
Mr. Adamek reported that he learned at Mayor's Court last week that Dublin Police
officers are participating in a physical education program at the high schools geared to
train young women in self defense. Many complimentary letters have been sent to the
Division of Police about the program. He noted that the various ways the individual
divisions work with the school system are not always publicized, and he would encourage
the City to focus attention wherever possible on these partnering efforts.
Mayor Kranstuber reported:
1. He received a call from a resident who shops at Big Bear about the lack of cart
corrals. The resident complained to the store manager, and was told that this
complaint should be directed to City Council. He asked for a staff update.
Mr. Ciarochi responded that staff is working with Kroger and Big Bear to resolve this
issue. There is a meeting next week to coordinate the specifications used for metal cart
corrals so that staff could process an application to set the standard for an alternative cart
corral to be placed in both shopping centers.
2. He and Mr. Hansley had another productive meeting with the school
........ administration regarding joint city/school projects related to the third high school
as well as Dublin Scioto and Dublin Coffman high schools. After the next
meeting, he would expect to bring a report back to Council on some ofthe
proposals.
Mr. Hansley stated that he and Ms. Puskarcik are meeting tomorrow with Ms. Sirk
regarding broadcasting of community meetings.
Mayor Kranstuber moved to adjourn to executive session for discussion of personnel and
land acquisition matters.
Ms. Chinnici-Zuercher seconded the motion.
Vote on the motion - Mr. Peterson, yes; Mr. Adamek, yes; Mrs. Boring, yes; Mr.
McCash, yes; Ms. Chinnici-Zuercher, yes; Mr. Reiner, yes; Mayor Kranstuber, yes.
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RECORD OF PROCEEDINGS
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DAYTON LEGAL BLANK INC. FORM NO. 10148
Held April 23, 2001
,
(YEAR)
Mayor Kranstuber announced that the meeting will not be reconvened following the
executive session.
The eetI s djoumed to executive session at 10:30 p.m.
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Clerk of Council
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