HomeMy WebLinkAbout01/18/2000
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RECORD OF PROCEEDINGS
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Dublin City Council Meeting Page 1
DAYTON LEGAL BLANK INC. FORMNO 10148
Held January 18, 2000 ,
(YEAR)
Mayor Kranstuber called the Dublin City Council meeting of January 18, 2000 to order at
7:00 p.m.
Mrs. Boring led the Pledge of Allegiance.
r--: Roll Call
Council members present were: Mayor Kranstuber, Vice Mayor Adamek, Mrs. Boring,
Mr. McCash, Mr. Peterson, Ms. Chinnici-Zuercher, and Mr. Reiner.
Staff members present were: Mr. Hansley, Mr. Helwig, Mr. Smith, Ms. Grigsby, Mr.
McDaniel, Ms. Clarke, Mr. Harding, Mr. Kindra, Chief Geis, Ms. Heal, Mr. Hale, Ms.
Crandall, Mr. Stevens, Mr. Husenitza and Ms. Puskarcik.
Approval of Minutes of January 3. 2000
Mayor Kranstuber moved approval of the minutes of January 3, 2000 as submitted.
Mr. Peterson seconded the motion.
Vote on the motion - Mr. McCash, yes; Mr. Adamek, yes; Mrs. Boring, yes; Mayor
Kranstuber, yes; Ms. Chinnici-Zuercher, yes; Mr. Peterson, yes; Mr. Reiner, abstained.
Correspondence
The Clerk noted there was no correspondence requiring Council action.
Oath of Office - Police Sereeant
Mayor Kranstuber administered the oath of office to newly promoted Police Sergeant,
Edward T. Gozoski. Chief Geis commented that Sergeant Gozoski is a twelve-year
veteran ofthe agency and is well respected by staff and the citizenry. Mr. Hansley
explained that this promotion follows a selection process by an assessment center, which
~ includes an interview panel made up of top administrators.
Citizen Comments
Chris Close. 7360 Bellaire A venue. stated that she and her husband have lived on
Bellaire A venue for over 40 years. She requested Council to take action to complete the
bikepath on Dublin Road from Memorial Drive to the library in Old Dublin. She noted
that completion of this .85 mile section would provide access to the downtown area by
bike or foot for Muirfield, River Forest, Donegal Cliffs, Bellaire/Limerick, Brandon,
Coventry Woods, and Amberleigh residents. She estimated this to be one-fourth to one-
third of the Dublin citizens.
Mr. Helwig responded that by the end of the first quarter of2000, Engineering will
submit a recommendation to Council for the annual bikepath allocation of$150,000.
Mr. Kindra added that they are expecting receipt of final construction drawings in the
next few days.
Mayor Kranstuber explained that at that time Council will determine whether to proceed
with the north or the south half of the bikepath. Then the project will go to bid, with the
potential of construction beginning this summer.
Wallace Maurer. 7451 Dublin Road, inquired concerning the following items:
(1) Was a public meeting held by the City to discuss provision of City water and sewer
to the citizens of Bella ire /Limerick, and if so, is it the same item that is to be discussed
-, later on tonight's agenda?
! Mayor Kranstuber responded that a public information meeting was held by the City at
I the Dublin Community Church on December 14, 1999 for the review of preliminary
- information regarding the extension of water and/or sanitary sewer service to the homes
along Dublin Manor subdivision, Dan Sherri Avenue, Hanna Hills Drive, MacBeth Drive,
MacDuff Place and MacDuff Way. It is the same item scheduled for discussion on
tonight's agenda.
(2) Has the City taken action regarding annexation of the land in the southwest area for
the proposed golf course and adjoining residential development?
Mayor Kranstuber responded that no decision has been made at this time. The proposed
annexation will be scheduled for first hearing at the next Council meeting.
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RECORD OF PROCEEDINGS
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DAYTON LEGAL BLANK INC. FORM NO.1 0148
Held T~nl1~ry 1 R, )000 ,
(YEAR)
(3) What is the timetable for the proposed construction ofthe bikepath in his area?
Mayor Kranstuber responded that if Council decides to complete that section in March,
the subsequent bidding process would take 60 days. Construction would probably begin
....-. mid-summer.
Staff Comments
Law Director Steve Smith introduced a new attorney who has joined his firm: his son,
Stephen Smith, Jr.
Ms. Puskarcik requested an addition to the agenda under "Other." Staffmember, Amy
Edwards, will present a report on the economic impact ofthe Dublin Irish Festival.
LEGISLATION
SECOND READING/PUBLIC HEARING - ORDINANCES
Ordinance 122-99 - An Ordinance Providing for a Change in Zoning for 2.0394
Acres Located on the Northeast Corner of Tuttle Crossing Boulevard and Paul G.
Blazer Parkway, from: PCD, Planned Commerce District, to: PCD, Planned
Commerce District. (Tuttle Crossing PCD, Subarea A4 - Kinko's Copy Store -
5520 Paul G. Blazer Parkway/Case File No. 99-108Z). (Applicant: Tuttle Road L/P,
c/o Multi-con Builders, c/o Ben Hale, 37 West Broad Street, Suite 725, Columbus,
Ohio 43215)
Ms. Clarke stated that this is a rezoning of an outparcel along Tuttle Crossing Boulevard.
The site is a little less than two acres. When the original 110 acres for Tuttle Crossing
was annexed to Dublin, there was a section that was set aside between Blazer Memorial
Parkway and Bradenton at Tuttle Crossing for designated service uses. In that area, two
- restaurants have gone in, which have individually taken more than one-fourth of the site.
The remaining area is too small for two additional restaurants, but too large to be
financially supported by one. Consequently, this is an application to expand the
permitted uses for this site by designating a new subarea. The zoning will remain the
same - PCD. Ms. Clarke presented a slide review ofthe site and proposed usage. The
McDonald's restaurant with a drive-through is already a permitted use; however, an
additional building is proposed for business services. Currently, plans are for a Kinko's
store. She added that these two buildings are on Planning & Zoning's January 20th
agenda for consideration of the development plan. The rezoning application was heard
by the Planning Commission in December, and they voted 5-2 to approve the application
with conditions as listed in the Record of Action.
Ben Hale, representing the applicant, noted that he has met with Sos Codispoti and a
representative of Llewellyn Farms civic association and been assured of their support. He
pointed out that the text for that area historically provides that no building height will
exceed 28 feet. The plans designed for Kinko's are for 30 feet. They propose the text be
amended to 30 feet. More significantly, the standard reader board for McDonald's is 36
feet; however, Dublin code has a 33 ft. limitation. They would like to use the standard
reader board, since there are portions of that which are reproduced at standard reader
board sizes. His understanding is that in these situations a variance may be obtained,
which is what occurred for the Avery Road McDonald's.
~
Following Mr. Smith's inquiry, Mr. Hale responded that this ;particular request has not
previously been heard by the Planning & Zoning Commission. When his client realized
there was a problem, they anticipated presenting it to Planning & Zoning Commission
with the final development plan. However, their case was postponed to this Thursday.
Mayor Kranstuber noted that Planning & Zoning Commission is charged with reviewing
these requests in detail, and suggested as a compromise that Council approve the
legislation within current code or any modification that Planning & Zoning may approve.
Mayor Kranstuber moved to amend the text to read that the menu board is to be per code
or as otherwise modified by Planning and Zoning Commission, and the building height
shall be 28 feet unless otherwise modified by Planning & Zoning Commission.
Mr. McCash seconded the motion.
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Dublin City Council Meeting Page 3
DAYTON LEGAL BLANK INC. FORM NO. 10148
Held Tanmny 1 R, ?OOO ,
(YEAR)
Mrs. Boring inquired if the amendment was for the entire subarea or this particular use.
Mrs. Clarke said it is for the whole subarea, which consists of only two acres.
.-. Vote on the motion - Mr. Adamek, yes; Mr. Reiner, yes; Mrs. Boring, yes; Ms. Chinnici-
Zuercher, yes; Mr. Peterson, yes; Mr. McCash, yes; Mayor Kranstuber, yes.
Mr. Adamek inquired about the proposed access for this site, expressing concern that this
site not experience the same access difficulties as the Avery Road McDonald's.
Ms. Clarke responded that the site is substantially larger and provides stacking on site for
over 20 vehicles.
Mr. Hale added that while the Avery Road McDonald's has one entry/exit, this site will
have three points of access.
Vote on the Ordinance - Mr. Peterson, yes; Mr. Reiner, yes; Mr. McCash, yes; Mr.
Adamek, yes; Mrs. Boring, yes; Mayor Kral1stuber, yes; Ms. Chinnici-Zuercher, yes.
Ordinance 02-00(Amended) - An Ordinance Authorizing Certain Rates of Pay for
Members of Planning and Zoning Commission.
Mr. Hansley noted that at the last meeting, Council consensus was to use $100.00 as the
monthly compensation in the proposed legislation. He requested clarification of the
effective date; staff assumes it would be effective 3/1/00. He inquired if it would also
include compensation for the Council representative on Planning and Zoning.
Mr. Adamek commented that Council members are paid for serving on Council. They are
not paid additionally for their committee assignments and various responsibilities.
- Although service on the Planning and Zoning Commission requires a substantial amount
of time, it is an optional representation.
Mr. McCash noted that he has spent the last two years as this representative. According
to their rules, the Council member on P & Z is the only member with which the applicant
may discuss his case. It has been a tremendous amount of additional work. He pointed
out that the Mayor and Vice Mayor salaries are larger than the other Council members
because of the additional time spent with Mayor's Court. In comparison to those duties,
the Planning and Zoning Commission members have a greater commitment oftime and
intensity of involvement. He supports additional pay for the Council member who
serves on this commission.
Mr. Reiner agreed that there is no adequate compensation for the large commitment of
time and energy needed to serve on the Planning and Zoning Commission. He suggested
that the stipend should be per meeting rather than per month, with the assumption that
there will be approximately two meetings per month.
Ms. Chinnici-Zuercher pointed out that members of Planning and Zoning operate from
the premise that this is a volunteer position. Because of the volume of development in
this communify, it has been a very demanding volunteer opportunity for citizen
participation. She is opposed to creating another paid position. Having chaired that
~ commission, her experience indicates that the number of meetings scheduled is a
management issue; consequently, she opposes compensation per meeting. She added
that Council members are to represent the citizenry, and she does not favor compensation
for this representation.
Wallace Maurer. 7451 Dublin Road, noted that the concept ofvolunteerism is that one is
not paid. He also does not support compensation for this service on this commission.
Mr. Adamek moved to exclude the Council member from the compensation provided by
this ordinance.
The motion died for lack of a second.
Vote on the Ordinance - Ms. Chinnici-Zuercher, no; Mr. Peterson, yes; Mr. Reiner, yes;
Mr. McCash, yes; Mr. Adamek, no; Mayor Kranstuber, yes; Mrs. Boring, abstained.
RECORD OF PROCEEDINGS
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Dublin City Council Meeting Page 4
DAYTON LEGAL BLANK INC. FORM NO. 10148
Held T :mwl1-Y 1 R, )000 ,
(YEAR)
Ordinance 04-00 - An Ordinance Waiving Competitive Bidding Requirements,
Pursuant to Section 8.04 ("Contracting Procedures"), Paragraph 'c' ("Waiver of
"......, Competitive Bidding"), for the Procurement of Laptop Computers for the Division
of Police.
Mr. Hansley pointed out that the purchase of laptop computers is for police vehicles.
Staff requests that Council waive the normal competitive bidding process because of the
unique nature of this equipment. It is essential to assure they are compatible with the size
of vehicles. In lieu of bidding, staff has conducted a detailed analysis of four or five
different laptop computers.
Vote on the Ordinance - Mr. Peterson, yes; Mr. Adamek, yes; Mr. McCash, yes; Mrs.
Boring, yes; Ms. Chinnici-Zuercher, yes; Mr. Reiner, yes; Mayor Kranstuber, yes;
INTRODUCTION & FIRST READING - ORDINANCES
Ordinance 06-00 - An Ordinance Amending and Supplementing Ordinance No. 56-
94, as Previously Amended and Supplemented by Ordinance No. 128-99 Passed
December 13, 1999, to Provide for the Execution of Additional Tax Increment
Financing Agreements, and Declaring an Emergency.
Mayor Kranstuber introduced the ordinance.
Mr. Hansley explained that this involves a TIF for the Ruscilli development, and a
detailed memo was provided in the packet. Staff is recommending this be held over for a
second reading.
There will be a second reading/public hearing at the February 7 Council meeting.
...-.
Ordinance 07-00 - An Ordinance Amending the Annual Appropriations Ordinance
for the Fiscal Year Ending December 31, 2000.
Mr. Adamek introduced the ordinance.
Mr. Hansley stated that a detailed memo of explanation was provided in the packet. Staff
is recommending this be held over for a second reading.
In reference to the Section 4 appropriation of $2,622.282.43 for the City's share of
construction costs related to S.R. 161 - Dale to Sawmill improvements, Ms. Boring
inquired if that project has been completed.
Ms. Grigsby responded that it has not. The right-of-way acquisition is being finalized
with the intent to build in March. The money needs to be appropriated prior to
expenditure. The state will administer this project, which will also involve federal and
state dollars. This is the City's share ofthe project. The cost will be a minimum of the
amount to be appropriated by this ordinance.
There will be a second reading/public hearing at the February 7 Council meeting.
Ordinance 08-00 - An Ordinance Providing for the Issuance and Sale of Notes
in the Maximum Principal Amount of $7,000,000, in Anticipation of the
Issuance of Bonds, for the Purpose of Paying Costs of Improving the Vehicular
Transportation System of the City by Constructing, Reconstructing, Extending,
Opening, Improving, Widening, Grading, Draining, Curbing and Changing the
~ Lines of Municipal Roads, Highways, Streets, Bridges, Sidewalks, Bikeways and
Viaducts, Acquiring Real Estate and Interests in Real Estate Therefor, and
Providing Lighting Systems and All Other Necessary Appurtenances, and
Declaring an Emergency.
Mr. Adamek introduced the ordinance.
Mr. Hansley stated that this provides the financing for the Emerald Parkway section
from Perimeter Drive to Innovation Drive. Staff will request emergency action at the
second reading.
There will be a second reading/public hearing at the February 7 Council meeting.
Ordinance 09-00 - An Ordinance Providing for the Issuance and Sale of Notes in the
Maximum Principal Amount of $4,000,000, in Anticipation of the Issuance of Bonds,
for the Purpose of Paying Costs of Constructing Perimeter Drive From Its Current
Western Terminus to the U.S. Route 33/S.R. 161 Interchange, Including the
RECORD OF PROCEEDINGS
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Dublin City Council Meeting Page 5
DAYTON LEGAL BLANK INC. FOAM NO. 10148
Held January 1 R, 2000 ,
(YEAR)
Realignment and Reconstruction of Post Road from Its Intersection With Perimeter
Drive, Constructing Perimeter Loop Road From Its Intersection With Perimeter
Drive to Its Current Westerly Terminus and Improving the Intersections of Avery-
.--. Muirfield Drive With Perimeter Drive, Perimeter Loop Road and Post Road,
Including Grading, Paving with Curbs and Gutters, Installing Related Storm and
Sanitary Sewers and Waterlines, Sidewalks, Bikepaths, Street Lights and Traffic
Signalization, Landscaping, and Acquiring Real Estate and Interests in Real Estate
Therefor, Together With All Other Necessary Appurtenances, and Declaring an
Emergency.
Mr. Adamek introduced the ordinance.
Mr. Hansley stated that this provides the financing for the extension of Perimeter
Drive to the west to accommodate the Rail Van office building. Staff will request
emergency action at the second reading.
There will be a second reading/public hearing at the February 7 Council meeting.
Ordinance 10-00 - An Ordinance Providing for the Issuance and Sale of Notes in
the Maximum Principal Amount of$2,OOO,000 in Anticipation of the Issuance of
Bonds for the Purpose of Paying Costs of Constructing Emerald Parkway From
Shier Rings Road to Innovation Drive as a Four Lane Boulevard, Including
Grading, Paving With Curbs and Gutters, Installing Related Storm and Sanitary
Sewers and Waterlines, Sidewalks, Bikepaths, Street Lights and Traffic
Signalization, Landscaping, and Acquiring Real Estate and Interests in Real Estate
Therefor, Together With All Other Necessary Appurtenances, and Declaring an
Emergency. (Emerald Parkway - Shier Rings Road to Innovation Drive)
Mr. Adamek introduced the ordinance.
- Mr. Hansley explained that this provides the financing package for the bridge over
Route 33/S.R. 161. Staffwill request emergency action at the second reading.
There will be a second reading/public hearing at the February 7 Council meeting.
Ordinance 11-00 - An Ordinance Petitioning the Union County Commissioners for
a Change of Township Lines of Jerome Township for that Portion Which Now Lies
Within the Corporate Boundaries of the City of Dublin. (50.8+/- Acres - Bishop Trust
annexation)
Mr. Adamek introduced the ordinance.
Mr. Hansley explained that this land has been annexed into Union County. Since
Council's desire is that Washington Township lines be coterminous with the City limits,
this remains consistent with Council's policy on annexation. Staff is requesting this be
held over for a second reading/public hearing at the February 7 Council meeting.
Ordinance 12-00 - An Ordinance to Appropriate a 0.0906 Acre, More or Less,
Permanent Utility Easement and a 0.0942 Acre, More or Less, Temporary Construction
Easement, From Robert A. and Shirley A. Landthorn, Located South of Shier-Rings
Road and West of Shamrock Court, City of Dublin, County of Franklin, State of Ohio,
and Declaring an Emergency.
Ordinance 13-00 - An Ordinance to Appropriate a 0.1395 Acre, More or Less, Fee
~ Simple Interest, a 0.1362 Acre, More or Less, Permanent Utility Easement and a
Combined 0.0309 Acre, More or Less, Temporary Construction Easement, from the
Ballantyne Family Limited Partnership and Shier-Rings Ltd., Located North of Shier-
Rings Road, City of Dublin, County of Franklin, State of Ohio, and Declaring an
Emergency.
Ordinance 14-00 - An Ordinance to Appropriate a 2.6944 Acre, More or Less, Fee Simple
Interest, a Combined 0.0411 Acre, More or Less, Permanent Utility Easement and a
Combined 0.7221 Acre, More or Less, Temporary Construction Easement, From Marian
D. Thomas, Et AI, and BancOhio National Bank of Columbus, Located North of U.S.
33/S.R. 161 and West of 1-270, City of Dublin, County of Franklin, State of Ohio, and
Declaring an Emergency. .
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Dublin City Council Meeting Page 6
DAYTON LEGAL BLANK INC. FORM NO 10148
Held T nnllnry 1 R, 2000 ,
(YEAR)
Ordinance 15-00 - An Ordinance to Appropriate a 0.8322 Acre, More or Less, Fee
Simple Interest, From Carol S. and Merle H. Kennedy, and the Unknown Heirs, Devisees,
Legatees, Executors, Administrators, Spouses and Assigns and the Unknown Guardians
~ of Minor and/or Incompetent Heirs of Carol S. Kennedy and/or Merle H. Kennedy,
Located on Shier-Rings Road, City of Dublin, County of Franklin, State of Ohio, and
Declaring an Emergency.
Mayor Kranstuber moved to waive the rules of order and have the clerk read the names of
property owners for Ordinances 12-00 through 15-00.
Mr. Adamek seconded the motion.
Vote on the motion: Mr. Peterson, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mr. Adamek,
yes; Mr. McCash, yes; Ms. Chinnici-Zuercher, yes, Mayor Kranstuber, yes.
The Clerk read the names of property owners for Ordinances 12-00 through 15-00.
Mr. Adamek introduced the ordinances.
Mr. Hansley explained that, except for the Thomas tract, these are all minor land
acquisitions for completion of the Emerald Parkway bridge over Route 33/S.R. 161. The
City is in negotiation with the property owners, and it is likely that they will reach
agreement without filing appropriation cases.
Mayor Kranstuber moved to pass the legislation by emergency and dispense with the
public hearing.
Mr. Adamek seconded the motion.
Vote on the motion: Mr. Adamek, yes; Mr. McCash, yes; Mayor Kranstuber, yes; Ms.
Chinnici-Zuercher, yes; Mr. Peterson, yes; Mrs. Boring, yes; Mr. Reiner, yes.
~, Ms. Chinnici-Zuercher inquired about the absence of a specified amount in Section 2 of
Ordinance 14-00.
Mr. Smith responded that no amount is specified because the final appraisal has not been
received. Council is giving the Law Director authority to file an appropriation case in the
event the City is unable to reach an agreement with the property owner. In that case, it
will be necessary to deposit a certain amount for which Mr. Smith will return to Council
for authorization.
Ms. Boring inquired if it would not be more appropriate to remove that ordinance from
consideration on tonight's agenda.
Mr. Smith said that would not be advisable. Appropriation Ordinance 08-00 appropriates
the money to cover the purchase of 2.9 acres for the roadway. While an exact amount has
not yet been specified in Ordinance 14-00 awaiting receipt of the appraisal, the dollar
amount cannot exceed the appropriation dollars for the project. If the ordinance is
removed, and Counsel does not secure the right of entry, it will be impossible to begin the
project when it is bid. The project is being fast-tracked.
Mrs. Boring asked Mr. Smith to provide appropriate language to cover the absence of a
dollar amount in that section.
Mr. Smith suggested that they state "a sum not to exceed $1.5 million dollars," noting
that is more than the amount estimated.
Mayor Kranstuber moved that the following language be inserted in Ordinance 14-00:
"in an amount not to exceed $1.5 million dollars."
....- Mr. Peterson seconded the motion.
Vote on the motion: Ms. Chinnici-Zuercher, yes; Mayor Kranstuber, yes; Mr. McCash,
yes; Mr. Adamek, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr. Peterson, yes.
Vote on the Ordinances 12-00 - 15-00: Mr. Reiner, yes; Mrs. Boring, yes; Mr. Peterson,
yes; Ms. Chinnici-Zuercher, yes; Mr. Adamek, yes; Mr. McCash, yes; Mayor Kranstuber,
yes.
Ordinance 16-00 - An Ordinance to Appropriate a 0.059 Acres, More or Less,
Permanent Right-of-Way and General Utility Easement and a 0.176, More or Less,
Temporary Construction Easement, from Diana C. Lowery, Trustee of the Diana C.
Lowery Living Trust, Melissa C. Matthew, Kimberly K. Matthews and Charles W.
Matthews, Jr., Located East of S.R. 257 (Riverside Drive), City of Dublin, County of
Franklin, State of Ohio, and Declaring an Emergency.
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DAYTON LEGAL BLANK INC. FORM NO. 10148
Held January 1 R, 2000 ,
(YEAR)
Mr. Adamek introduced the ordinance.
Mr. Smith explained that this allows for a left turn lane into Wyandotte Woods. The City
is in negotiation with the property owner. Regardless of the final purchase price, whether
--- by agreement or court order, the developer has agreed in the zoning text to reimburse the
City that amount.
Mayor Kranstuber moved to pass the legislation by emergency and dispense with the
public hearing.
Mr. Adamek seconded the motion.
Vote on the motion: Ms. Chinnici-Zuercher, yes; Mr. Adamek, yes; Mr. McCash, no;
Mrs. Boring, yes; Mr. Reiner, yes; Mr. Peterson, yes; Mayor Kranstuber, yes.
Vote on the Ordinance: Mr. Peterson, yes; Mayor Kranstuber, yes; Mr. Reiner, yes; Mrs.
Boring, yes; Mr. McCash, no; Ms. Chinnici-Zuercher, yes; Mr. Adamek, yes.
Ordinance 17-00 - An Ordinance to Appropriate a 0.685 Acre, More or Less, Fee
Simple Interest From Robert D. and Anna M. Long, Located at 35 Darby Street,
City of Dublin, County of Franklin, State of Ohio, and Declaring an Emergency.
Mr. Adamek introduced the ordinance.
Mr. Smith explained that this appropriation ordinance is for the Long property located
across from Oscar's. There was an agreement to purchase and the money was
appropriated last year, but the owner backed out of the purchase and leased the property.
An action to take the property for the amount to which the owner had previously agreed
will be served on the property owner.
Mayor Kranstuber moved to pass the legislation by emergency and waive the public
hearing.
Mr. Reiner seconded the motion.
".-, Vote on the motion: Mr. Adamek, yes; Mayor Kranstuber, yes; Mrs. Boring, yes; Mr.
,
Peterson, yes; Mr. McCash, yes; Mr. Reiner, yes; Ms. Chinnici-Zuercher.
Vote on the Ordinance: Mr. Peterson, yes; Mayor Kranstuber, yes; Mr. McCash, yes; Mr.
Reiner, yes; Mrs. Boring, yes; Ms. Chinnici-Zuercher, yes; Mr. Adamek, yes.
Ordinance 18-00 - An Ordinance Providing for a Change in Zoning for 50.8 Acres
Located on the East Side of Hyland-Croy Road, Approximately 2,100 Feet South of
Mitchell-Dewitt Road, From: U-l, Rural District (Jerome Township Zoning
District), to PLR, Planned Low Density Residential District (Bishop Parcel- Case
File No. 00-006Z).
Mr. Adamek introduced the ordinance.
Mrs. Boring moved that the ordinance be referred to Planning and Zoning Commission.
Mr. Adamek seconded the motion.
Vote on the motion: Mr. Reiner, yes; Ms. Chinnici-Zuercher, yes; Mr. McCash, yes;
Mrs. Boring, yes, Mayor Kranstuber, yes; Mr. Peterson, yes; Mr. Adamek, yes.
Ordinance 19-00 - An Ordinance Providing for a Change in Zoning for 49.79 Acres
Located on the East and West Sides of Liggett Road, Approximately 1,250 Feet
South of Post Road, From: R, Rural District To: PCD, Planned Commerce District
(Perimeter-Liggett - Case File No. 00-004Z).
Mr. Adamek introduced the ordinance.
- Mrs. Boring moved that the ordinance be referred to Planning and Zoning Commission.
Mr. Adamek seconded the motion.
V ote on the motion: Mr. Peterson, yes; Mr. Adamek, yes; Mr. McCash, yes; Mrs.
Boring, yes; Mr. Reiner, yes; Ms. Chinnici-Zuercher, yes; Mayor Kranstuber, yes.
INTRODUCTION & PUBLIC HEARING - RESOLUTIONS
Resolution 09-00 - A Resolution Authorizing the City Manager to Sign an Easement
with Columbia Gas for the Relocation of a Gas Line on Blazer Parkway in
Conjunction with the Rings Road Widening Project.
Mr. Adamek introduced the Resolution.
Mr. Hansley explained that this provides for an easement required for minor relocation of
a gas line.
Mayor Kranstuber moved to approve the resolution.
Mr. Reiner seconded the motion.
. ,.',j" , . ~ l
RECORD OF PROCEEDINGS
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Dublin City Council Meeting Page 8 -
DAYTON lEGAL BLANK INC. FORM NO 10148
Held January 1 R, 2000 ,
(YEAR)
Vote on the resolution: Ms. Chinnici-Zuercher, yes; Mr. Peterson, yes; Mr. Reiner, yes;
Mrs. Boring, yes; Mr. McCash, yes; Mr. Adamek, yes; Mayor Kranstuber.
--- OTHER
Report re Public Meeting Held with Residents of Dan Sherri Avenue. Dublin Manor
Subdivision. Hanna Hills Drive. MacBeth Drive and MacDuff Way re Water and Sewer
Availability.
Mayor Kranstuber requested staff s report.
Mr. Helwig stated that there was significant participation in the public meeting at Dublin
Community Church on December 14th, and Mr. Kindra has distributed to Council and
staff a summary ofthe comments received from the public. Ms. Grigsby has provided
financial information tonight, should Council be interested in considering policy
alternatives.
Mayor Kranstuber requested Ms. Grigsby to review the financial information and options
for Council.
Ms. Grigsby explained that the report provides historical information on the value ofthe
current water and sewer systems. It also responds to some public opinion that the City
should provide water and sewer on the basis that the property owner has paid income and
property taxes for a long period oftime. In the water system, there is over $30 million
worth of historical value in City assets. Approximately $7 million, or 23 percent, of that
has been paid with property or income taxes. In the sewer system, the total value of the
,.-, system is $45 million. Of that, over $3 million, or 7 percent, has been paid with property
or income taxes. The most significant sewer project, the West Branch Sewer System,
was recently completed. It followed the decision made in 1992 that the City would pay
for both the operations and the infrastructure improvements in the water and sewer
systems from user charges and capacity charges, which were modified in 1992 to
accomplish this.
Ms. Grigsby noted that the report also gives the total proposed cost for provision of both
water and sewer service based on the individual areas and the cost per household. For
Dublin Manor and Hanna Hills, there is also a component of a waterline extension along
Dublin Road and Riverside Drive. Based upon this analysis, the City could potentially
pay for the cost of those waterline extensions, which would reduce the cost to those
individual residents.
She pointed out that the report also provides estimated amortization schedules. Should
there be an assessment and the City were to issue debt for 15 or 20 years, this would
allow the resident to pay for the cost ofthose improvements over that number of years.
For example, the main line extension down Dan Sherri for 15 years would be $820/year,
or $746/year for 20 years. Another option would be to issue the debt for both the main
line and the lines from the street to house and allow the resident to pay for that cost over a
period oftime, rather than out-of-pocket up front. The next item for consideration is that
........... the City pay the 20% that has been identified for engineering and legal fees, which would
lower the cost to the residents by that amount. She noted that there are different methods
for assessing the proj ect.
In response to Mayor Kranstuber's inquiry, Ms. Grigsby stated that the proposed cost of
providing the main lines for the water and sewer for those four areas would be $2.6
million.
Mrs. Boring commented that:
(1) The residents did not have a choice in this time frame. The City rezoned the
Northeast and made the decision to wait to extend water and sewers until the area was
developed, which was anticipated to make it less expensive. Ten years later, with
health problems a concern, the City is agreeing to move forward with the provision of
water and sewer service to these areas.
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RECORD OF PROCEEDINGS
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Dublin City Council Meeting Page 9
DAYTON LEGAL BLANK INC, FOAM NO. 10148
Held J:mll::Jry 1 R, )000 ,
(YEAR)
(2) She objects to assessments being determined on the basis of neighborhood. There
are some areas that have been fortunate to have development nearby, which has paid
much of the cost for water and sewers to those areas. However, there are areas that
--. have had no adj acent development, and the cost assessed to those neighborhoods will
be much greater. The basis for calculation of cost needs to be revised.
(3) Council has stated a concern for quality oflife for this community. This issue is
definitely a matter of public health and safety.
(4) For years, these property owners have had to pay the full cost for the maintenance,
inspections, reports, and re-drilling for water and/or septic systems, and they have not
burdened the City with water or sewer related expenses. Also, many of these lots are
necessarily large lots to accommodate the septic and sewer systems. Because of the
large lots, they will incur a significant expense to run the lines to their homes and for
tap-in fees. If Council is willing to fund traffic improvements without assessing
property owners, they should also pay for water and sewer infrastructure without
assessments.
Mrs. Boring proposed that the City provide the main water and sewer lines to all the
residents.
Mr. Adamek inquired what other areas, beyond the four or five under discussion, are
either inside the corporate boundaries or remain as unincorporated islands still within
Washington Township and do not have City water and sewer service.
Mr. Kindra said the City has already received a petition for services from the
Summitview area. However, no surveys have been completed for that area to date. This
information could be provided at the next meeting.
~
Mr. Hansley responded that other areas would include: the Thornhill Lane area, which
has water but not sewer, River Forest, and the unincorporated area oflndian Hill, for
which there are no plans to annex. He added that, although the list tonight is not all
inclusive, it is more than one-half ofthe City remaining without water and sewer service.
Mayor Kranstuber added that the $2.6 million estimate could become $4 or $5 million.
Mr. Adamek said that since this requires Council to make a policy decision for the entire
City, Council should have a full overview before making that decision. He inquired
about surplus water and sewer funds that have been maintained for future projects. Does
the City have funds that could potentially be utilized for this project?
Ms. Grigsby stated that there are significant balances in the water and sewer funds. At
year-end, the sewer fund balance was approximately $11 million, but that has been built
up intentionally and reserved since 1992 to pay for the cost of the West Branch. The City
currently pays approximately $1.5 million annually to retire the debt on that project.
Projections are that the City will experience deficits the last three years of that 20-year
loan, and could potentially require an additional three to four million dollars. In the
water fund, there is a balance of approximately $8.9 million. This fund has more
flexibility than the sewer fund. Currently, one tower is programmed in the five-year
r--. period; two additional towers and a booster station have been identified but not
programmed. Ms. Grigsby suggested another option would be to increase rates, which
have not been increased since 1996.
Mr. Adamek inquired if the proposal tonight includes fire hydrants for each of the areas,
noting that there is a significant amount of acreage within the community which does not
have access to fire hydrants. He stated that he is unable to make broad-based policy
decisions without a grasp on the percentage ofthe community to be affected, and
requested information on the amount of area involved.
Mr. Hansley said the Northeast, the township pocket areas, and the recently annexed
areas to the west and south of Dublin Road would part of this list. Township officials
were aware when the decision was made to annex the area that they would need to rely on
mutual aid for fire protection.
RECORD OF PROCEEDINGS
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Dublin City Council Meeting Page 1 0
DAYTON LEGAL BLANK INC. FORM NO. 10148
Held J~nll~ry 1 R, 2000 ,
(YEAR)
Mr. Adamek clarified that his concern is not regarding the recently annexed areas, which
the City foresees as being developed. It is anticipated that the developer will contribute
-. to that infrastructure with his development. The numbers he requests are for the older
areas.
Discussion followed.
Mr. Hansley stated that staffs position on the financial issue is that the value of the
system has historically been paid for by the investment made from user fees or
developers, not by income or property taxes. Other City property owners have paid
income and property taxes in addition to user fees.
Mayor Kranstuber inquired clarification on the historical method of dealing with
instances when older areas require water and sewer service.
Mr. Hansley said that the most recent situation was in Old Dublin benzene was
discovered in the water. Even in that emergency situation, Council's decision was not to
waive the cost to the residents for tapping into the system. The City loaned the money to
the residents to be paid back over a specified period of time.
Ms. Grigsby added that there are four or five instances where there have been special
assessments. The City issued debt, and the City has been recovering the money to retire
that debt through those assessments.
r-- Mr. Helwig added that in his experience, it has always been a cost-sharing agreement,
with the public body determining what percentage the City government will bear. All of
the cost, except for the property owner's tap-in fee, is fronted by the City. Whatever the
City grants for the mainline and whatever is assessed to the property owner is funded by
the City up front. Then, whatever is assessed is carried at a low interest rate until the debt
is re-paid.
Mr. Hansley noted that once the lines are available, the City by ordinance can require the
homeowner to tap-in to the system.
Mayor Kranstuber invited public comment.
Drew Skillman. 4422 Hanna Hills Drive, explained that he bought his house in 1984. He
is not advocating that because he pays property and income taxes that the City owes him
City water and sewer. Their concerns are health and safety issues. There is possible
pollution of their groundwater well systems by run-off and pollutants of neighbors' leech
and septic systems at higher altitudes in the neighborhood. An expert in hydrogeology
from OSU made an assessment for his property and his neighbor's at 4410 Hanna Hills.
There is no time left to debate the issue when it becomes a major health and safety issue.
The Fire Department has also expressed concern regarding fire safety. There may be a
new fire station at Hard Road and Riverside Drive, but where is the water to put out a
~, major fire? He believes a legitimate concern of Council is the infrastructure of the City
of Dublin. The City provides this for the new developments of the City, and the long-
term residents of Dublin should have equal service or even be considered a priority. The
residents of 4368 Hanna Hills were told when they purchased their property that there
was an easement to bring water and sewer from the Hard Road area, and they would be
provided City water and sewer service at no charge. Residents of that area, with 21 of 25
residents' signatures, have forwarded a letter of request to the City that the City pay all
the cost of the main water and sewer lines to their area. There is a liability to the City
should a health-related tragedy occur because of this contamination. It would take a
minimum of six months to do an engineering study, accept bids for the project and
another six months to get the work done. It would be no sooner than a year before City
water and sewer would become available to this area.
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RECORD OF PROCEEDINGS
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DAYTON LEGAL BLANK INC. FORM NO. 10148
Held January 1 R, 2000 ,
(YEAR)
I
Mayor Kranstuber clarified that the delay for further information would be a matter of a
couple of weeks. No engineering study has been suggested. Council must have a
framework for a decision.
-
Mike Close. 7360 Bellaire Lane, stated that he has lived in the community 20 years and
does not believe Dublin owes him water and sewer service. He stated there are three
concerns: (1) a health issue, as the well water is testing unsafe and must be treated; (2) a
safety issue, as there are no fire hydrants to deal with a fire; and (3) a financial issue.
A few years ago, an assessment was made on Bellaire A venue for sewer service so that
Muirfield could be built. His neighborhood did not want or ask for sewer service, but
they have had to pay the assessments. He added that the quality of water has declined
since the water table has been impacted by development. He added that the City has the
funds; the issue is primarily one of priority. He is concerned that it is impossible to retire
and continue to live on Bellaire Avenue with the increased tax burdens. He also clarified
information in the report indicating there are 54 houses in the Dublin Manor Court
subdivision; there are 54 lots. There are some older residents who will be assessed nearly
$30,000 to have a water line to the street, and they cannot afford it. His opinion is that
the City should pay the construction cost, and the residents pay only the tap-in fees. He
requested that if Council does not make a decision tonight, that a summary of comments
and Ms. Grigsby's financial proposal be made available to the residents. Some of them
have worked in public financing and are interested in reviewing the information.
Mayor Kranstuber closed public comment and invited Council discussion.
Ms. Chinnici-Zuercher commented that her position is that the City's responsibility is to
- install the main lines, and the citizens' responsibility is to pay the costs oftapping into
them. As a new member of Council, she does not have sufficient information to vote
tonight. Since this is not a new issue, she assumes that the City would have studied it
from a total perspective and have that information available. It is a critical policy and
fiscal decision, and she would also like to have the information requested by Mr. Adamek
before making that decision.
Mr. Peterson agreed with Ms. Chinnici-Zuercher and Mr. Adamek. There is a finite pot
of money for all projects, and it would be irresponsible for Council to make a policy and
fiscal decision without all of the available information. This Council is vigorously
committed to quality oflife issues, and he is confident that Council will assume a
significant portion, ifnot the majority of the cost of the project. He agreed that Council
should know what other areas may seek these services in the near future. Council is
poised to assume its responsibility but must be knowledgeable ofthe budget impact. He
requested that such information be provided to Council. He believes it is reasonable for
the City to pay for the installation of the main water lines and make a fair equation for the
residents tapping in. He has a problem with requiring property owners to tap in. At least
for water service, he favors permitting the residents to choose whether they want to tap
m.
Mayor Kranstuber asked what happens when an area is annexed and requests that City
---- water and sewer be provided.
Mr. Hansley stated that is negotiated when the annexation is considered. If it will cost
more to serve an area than the revenue brought it, the annexation will not be accepted. A
developer usually provides the water and sewer to serve a proposed annexation area.
Mayor Kranstuber asked if the City has checked into the possibility of any developer
assuming some ofthis cost, e.g., the Schottenstein development.
Mr. Hansley responded that when the rezoning was approved ten years ago, it was
expected that there would soon be water lines to utilize in providing residential service.
The residents, however, are requesting that the City move forward at this time and not
wait for the development to occur.
Mr. Reiner asked if future development in the area could be assessed some ofthe cost.
I II I! !, 'III':> l'I!,:illilltfli i'JMd I : !.. ! I!
RECORD OF ORDINANCES
Dublin City Council Meeting Page 12
Dayton Legal Blank Co. Form No 30043
Ordinance No. ,,",," ,,,...,... .."...".J~!l,l1..':l!.Y. 18, 2000 Passed ..',,,,,,,, O' ""'" ",,,,,,,'.',,,, """"0 '.",,,,,, """.,"', '."'vTi';:;;'"''''
Mr. Hansley responded that it is possible, but the assessment must be fair, calculated
either by front footage or acreage served, to the developer and the residents.
,..r--- Mr. Smith noted that the City does have the option of creating an assessment or
reimbursement district. In that case, the City could modify a rezoning request under the
- condition that the developer is a party to the reimbursement agreement.
Mayor Kranstuber asked that staff research this matter as it would relate to the
Schottenstein rezoning.
Mrs. Boring said that Council changes priorities frequently. When Council recently
decided to proceed with the major infrastructure projects in the southwest area, no
questions were raised about what other City projects would be eliminated or delayed.
She added that she has difficulty supporting a golf course development funded by the
City while she has neighbors who have safety, water, or sewer issues. Her commitment
to the residents is that she supports Council assuming financial responsibility.
Dave Amorose. 4200 MacDuff Way, stressed to City Council the urgency ofthe matter.
He stated that the streams constitute open sewers flowing right by their wells and into the
river. This is the result of development. Since the 72" storm sewer was installed at Hard
Road to take all of the stormwater directly to the river, rain no longer falls on the fields
and is allowed to percolate in. Water is, therefore, not available to flush the streams, and
a scum of sewer covers the surface of the water. In addition, the construction on 1-270
destroyed the limestone base, and the Emerald Parkway bridge construction impacted the
limestone base, as well. He added that the residents cannot live with these unacceptable
::--- conditions.
~ Mr. Maurer underscored that this is a catastrophe waiting to happen. His water was
tested five weeks ago; test results indicated it was bacteriologically unacceptable. He
then had to treat his water. He inquired what percentage of the City has water and sewer.
Mr. Hansley estimated 90%.
Mr. Maurer inquired if it is customary to run the water and sewer lines at the same time.
Mr. Hansley stated that it is preferable not to extend chlorinated water to a septic system,
because it could ruin a septic system. The City has only a few areas with City water and
their own septic systems.
It was the consensus of Council that staff provide the following information for the
February 7 Council meeting:
- map of the community with highlighted areas designating areas with no water, no
sewer, or lack of both;
- number of households;
- estimated number of feet and average cost to run the lines that distance;
- further refinement ofthe numbers provided in Ms. Grigsby's memo;
- a list of the affect on timelines for other projects;
- legal issues with the Schottenstein rezoning area;
~ - information on a reimbursement district.
"-- Mr. Close asked that the same information be provided to the public.
Mayor Kranstuber responded that the information is typically available the Thursday
prior to a Monday meeting. He asked that a sign-up sheet be circulated for names and
addresses of those requesting this information, and it will be mailed to them.
Mayor Kranstuber noted that a hearing on this item will be scheduled for the February 7,
2000 meeting.
Council Committee Appointments
Mayor Kranstuber moved to approve the following standing committee appointments:
Administrative Committee: Greg Peterson (Chair), Bob Adamek, and Cathy Boring;
Finance Committee: Tom McCash (Chair), Marilee Chinnici-Zuercher, and John Reiner;
I
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RECORD OF PROCEEDINGS
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Dublin City Council Meeting Page 13
DAYlON LEGAL BLANK INC. FORM NO. 10148
Held J:mllrlry 1 R, )000 ,
(YEAR)
Community Development Committee: John Reiner (Chair), Greg Peterson, Bob
Adamek; Public Services Committee: Marilee Chinnici-Zuercher (Chair), Cathy Boring,
Tom McCash.
-. Mr. Adamek seconded the motion.
V ote on the motion: Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. Reiner, yes; Mr.
McCash, yes; Mr. Peterson, yes; Ms. Chinnici-Zuercher, yes, Mr. Adamek, yes.
Concept Plan - Homestead Villal:e
Ms. Clarke explained that the concept plan is the first step in the PUD approval process.
The 22-acre site, located on the south side of Post Road, is currently zoned PCD,
primarily for office purposes, but partially for industrial purposes. It is part ofthe major
Perimeter Center development that stretches from Avery Road eastward to the Justice
Center property. This is a residential proposal for 60 attached residences and 15 live-
work units (units that have home office attachments). Staff initially recommended
disapproval on the basis of land-use issues. The proposal was heard by Planning
Commission twice and was approved December 2, 1999 by a vote of 4-2 with four
conditions: (1) that a more intense buffer be implemented between this project and the
light industrial and commercial uses; (2) that the site layout be reconfigured and units are
dropped to achieve a lower density and create better open space; (3) that the plan enhance
the scenic roadway with elements from the "WOW" program; and (4) that pond amenities
be added per the staff report. The developer agreed to the above conditions.
Ms. Clarke added that staff was pleased to see a residential proposal for this area, and
there is considerable support from the neighbors on Post Road. The beauty of this project
is impressive. The Planning Commission believes it is the appropriate development for
the south side of Post Road.
r
Mr. Peterson asked if this multi-family development serves as a transition from the
single-family homes on the north side of Post Road to the commercial uses to the
immediate south.
Ms. Clarke noted that the residential properties on the north are buffered by the parkland
along the stream, but the multi-family will add additional buffer for the Post Road
homeowners. Staff is more concerned about buffer for the multi-family project. There is
no control over land use to the south of it, and there is no option of downzoning the land
to the south.
Mr. Peterson asked if there is any way to address the additional traffic which will come
with this project.
Ms. Clarke responded that the access for this site has not been determined. Staff would
prefer to see the access continue to be south from Perimeter, Wall Street, and Metatec and
not directly to Post Road. Twenty-two acres developed as residential will generate much
lower traffic than the use for which it is currently zoned.
Mrs. Boring noted that Metatec to the west has expanded a couple of times already and
inquired if there would be room for further expansion if this project goes in.
-
Ms. Clarke responded that Metatec has developed most of their space.
Mrs. Boring inquired about staff's recommendation to install community gardens along
Post Road.
Mrs. Clarke responded that the community gardens were in the original draft of the
WOW catalog, but at ajoint work session with staff and Planning Commission, the idea
was discarded.
Mrs. Boring requested that sufficient buffering of lights and traffic be considered in the
PUD, so that residents of the new development do not request those at a later date.
I 1''''1 I ,;
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Dublin City Council Meeting Page 14
DAYTON LEGAL BLANK INC. FORM NO. 10148
Held Jrmll:lry 1 R" )000 ,
(YEAR)
Gary Gray. President of Homestead Communities, thanked Ms. Clarke for her positive
description of his project. He addressed the issue of anticipated uses for the land south of
this project. He explained that of the three adjoining areas, one parcel has been sold and
- there are plans for an office building; CheckFree recently purchased the second parcel,
, probably for parking expansion; and one undeveloped corner parcel remains. All ofthose
[
are one-story commercial uses. He described the different levels of buffering planned for
the project, the benefits of the transition it will provide between residential and
commercial, and the minimal impact on traffic it should have.
Mrs. Boring inquired if there will be fountains in all the ponds to keep the geese away.
Mr. Gray responded affirmatively.
Edith Driscoll. 6230 Post Road, testified, representing the citizens on Post Road between
Emerald Parkway and Avery Road. Over 75% ofthe neighbors have been contacted
regarding this proposed development. There has been no dissenting vote. Their opinion
is that this development will be an asset to their neighborhood, and they encourage
Council's approval.
Chris Cline. 6060 Post Road, stated that he and the four other adjoining residential
landowners all strongly support this project. He noted that this is the former site ofthe
proposed Wellington School. Since that project was discarded in the 70's, there has been
concern about the type of development that would eventually come in. They are very
pleased with this proposal; it is high quality and will provide a great view on Post Road.
They have discussed with the developer the possibility of complementary landscape and
use of common elements in the development, such as the stone piers, up and down Post
-. Road to bring an integration of the view. He added that the residents prefer the access be
to Post Road. The current traffic problem is due to the fact that traffic speeds up in the
open spaces. Curb cuts and turning movements on the road would inhibit its use as a
major thoroughfare. He encourages Council approval.
Ms. Chinnici-Zuercher moved to approve the concept plan for Homestead Village with
the conditions as stated.
Mr. Peterson seconded the motion.
Vote on the motion: Mr. Peterson, yes; Mrs. Boring, yes; Mr.. Adamek, yes; Mayor
Kranstuber, yes; Ms. Chinnici-Zuercher, yes.
Council Round Table/Committee Reports
Ms. Chinnici-Zuercher reminded Council members ofthe Police accreditation meeting on
Monday, January 24th, at 7:00 p.m. in the Mayor's Courtroom at the Justice Center.
Mayor Kranstuber stated that current Council policy provides funding for the chairman of
Planning and Zoning Commission to attend inservices and training, including the annual
AP A conference. He proposed extending this benefit to the other members of the
Commission. He estimates that the cost of the AP A conference, including airfare, would
be approximately $2,000 - $2,500.00 each, and, consequently, suggests that amount.
However, he clarified that he does not propose designating the money only for AP A
....- conference, but for any related education.
".
Mr. McCash agreed that ifthe intent is to have the best informed individuals on this
Commission, it is best to provide them the opportunity to remain current with advances in
land planning and other relevant information.
Mayor Kranstuber moved to approve $2,500 per Planning and Zoning Commission
member annually for relevant travel and training.
Mrs. Boring seconded the motion.
Vote on the motion: Mr. Adamek, yes; Mr. Peterson, yes; Mr. McCash, yes; Ms.
Chinnici-Zuercher, yes; Mrs. Boring, yes; Mayor Kranstuber, yes.
Mr. Peterson inquired what the consensus of opinion was in regards to the letter
distributed by Mr. Smith concerning campaign contribution limits. Would it be prudent
,
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RECORD OF PROCEEDINGS
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Dublin City Council Meeting Page 15
Held Jamlary 1 R, 2000 ,
(YEAR)
to draft an amended ordinance that conforms with the decision of the Summit County
Court of Appeals?
Mr. Smith responded that would be his recommendation, although no one has challenged
-- the City's ordinance. Mr. Peterson stated that when elected officials they have a good-
faith belief that a law passed is unconstitutional, they have an obligation to correct it.
Mr. Peterson made a motion that Mr. Smith draft an amended ordinance that reflects the
decision in the case cited.
Ms. Chinnici-Zuercher seconded the motion.
Mayor Kranstuber inquired if the decision has been appealed to the Supreme Court.
Mr. Smith responded that it had not.
Mr. Peterson inquired ifit was Mr. Smith's opinion that this ruling regarding the
unconstitutionality was based on more than the one case.
Mr. Smith responded that his original opinion was that if the legislation were challenged,
the City would lose the case.
Mayor Kranstuber commented that the decision was not made by the Court of Appeals
for this district, so he supports leaving the current ordinance intact.
Mr. McCash agreed. He added that Dublin is smaller than Akron, and if the City's
legislation were to be appealed, the decision could be that it is not unconstitutional
provided the contribution amount is appropriate for the size of the City.
- Vote on the motion: Ms. Chinnici-Zuercher, yes; Mayor Kranstuber, no; Mr. Reiner, no;
Mrs. Boring, no; Mr. McCash, no; Mr. Peterson, yes; Mr. Adamek, yes.
Mr. Adamek: (1) inquired if anyone plans to attend the Hilliard School Board of
Education breakfast reception on January 21 st for their new superintendent, Dale Me V ey.
Mrs. Boring indicated she is planning to attend.
Mr. Hansley said that Economic Director, Mike Stevens, will be representing staff at the
reception.
(2) referred to the memo in their packets regarding the ability of Code Enforcement
Officers to issue on-site citations. Should it be placed on a future agenda for discussion?
Council requested that Mr. Smith draft an ordinance to be placed on the agenda in a
month.
(3) noted that at the corner of Tara Hill and Parnell Court, there is a sideyard with a tall,
open-slatted fence enclosing a trailer. He requested staff to check on this.
Other Presentations
Ms. Amy Edwards, Community Relations specialist, presented a report on the economic
impact ofthe Dublin Irish Festival. She originally compiled the report for her masters
thesis in Public Administration. However, Ms. Puskarcik believes the data is significant
1"'-. and should be shared with Council. As Council is aware, the Dublin Irish Festival is
mentioned in regional and national publications and receives excellent media coverage.
Although the event has become a signature event for the City, it also brings in a lot of
revenue to the local economy. She noted that five years ago, a little over 10,000 people
attended the festival; in 1999, 50,000 attended the event. Out-of-town visitors spent in
excess of$500,000 in lodging and $69,000 in the local retail shops, totaling over
$660,000 spent off-site in the community. Festival spending totaled over $300,000,
which brings the total to approximately $ 1 million from out-of-town visitors alone.
Suburban (central Ohio) residents spent $100,000 in local retail shops and over $500,000
at the Festival. Residents spent: $762,000 at the Festival. Total economic impact ofthe
Irish Festival was over $2.2 million. This does not count the money brought in revenues;
it is strictly what the community benefits.
Council complimented Ms. Edwards on an excellent report and on obtaining her MP A.
RECORD OF PROCEEDINGS
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Dublin City Council Meeting Page 16
DAYTON LEGAL BLANK INC. FORM NO. 10148
Held J:mll:lry 1 R" )000 ,
(YEAR)
Mayor Kranstuber moved to adjourn the meeting into executive session for the discussion
of legal and land acquisition matters.
--- Ms. Chinnici-Zuercher seconded the motion.
Vote on the motion: Mr. Adamek, yes; Ms. Chinnici-Zuercher, yes; Mr. Reiner, yes; Mr.
McCash, yes; Mr. Peterson, yes; Mayor Kranstuber, yes.
'- Mayor Kranstuber announced that the meeting will not be reconvened following the
executive session.
The meeting was adjourned at 10:30 p.m.
~~
ayor - Presiding Officer
f/<iddJu 'l{ l/1M.L)
Act' Clerk of Council
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~~
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