HomeMy WebLinkAbout02/07/2000
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RECORD OF PROCEEDINGS
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Dublin City Council Meeting Page 1
DAYTON LEGAL BLANK INC. FORM NO. 10148
Held February 7, :2000 ,
(YEAR)
Mayor Kranstuber called the Dublin City Council meeting of February 7, 2000 to order at
7:00 p.m.
Mrs. Boring led the Pledge of Allegiance.
-.
, Roll Call
I
I Council members present were: Mayor Kranstuber, Mrs. Boring, Mr. McCash, Mr.
Peterson, Ms. Chinnici-Zuercher, and Mr. Reiner. Vice Mayor Adamek was absent
(excused).
Staff members present were: Mr. Helwig, Mr. Smith, Ms. Grigsby, Mr. McDaniel, Ms.
Clarke, Mr. Kindra, Chief Geis, Ms. Puskarcik, Mr. Stevens, Mr. Hahn, Mr. Husenitza,
Mr. Hale, and Ms. Kennedy
Approval of Minutes of January 18,2000
Mrs. Boring noted a correction at the bottom of page 11, and asked that the minutes be
amended to reflect, "when the rezoning was approved ten years ago." On page 12,
paragraph 4, she suggested that the minutes are clarified to state, "Her commitment to the
residents is that she supports Council assuming financial responsibility."
Mayor Kranstuber moved approval of the minutes of January 18, 2000 as amended.
Mr. Reiner seconded the motion.
Vote on the motion - Mayor Kranstuber, yes; Mr. McCash, yes; Mr. Peterson, yes; Ms.
Chinnici-Zuercher, yes; Mr. Reiner, yes; Mrs. Boring, yes.
Correspondence
The Clerk noted there was no correspondence requiring Council action.
...--
Citizen Comments
Herb Jones, 19 S. Riverview Street, representing Old Dublin Revitalization Task Force
stated he is present to update Council on their progress. An item of particular concern to
the Task Force is pedestrian safety at the intersection of Bridge and High Street. With the
opening of the Dublin Pub and the completion of the development on the corner, the Task
Force feels there will be a tremendous amount of additional pedestrian traffic. The Task
Force is asking that a temporary solution be implemented to address the pedestrian safety
issue. He distributed to Council members a summary of their recommendations.
Mr. Peterson stated that Mr. Jones has summarized the issues well, and moved to direct
staff to implement the items as outlined in the recommendation.
Ms. Chinnici-Zuercher seconded the motion.
Vote on the motion - Mr. McCash, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mr. Peterson,
yes; Ms. Chinnici-Zuercher, yes; Mayor Kranstuber, yes.
Mayor Kranstuber clarified the motion is to direct staff to investigate short-term
solutions, including, but not limited to, those contained in the February 7 Old Dublin
Revitalization Task Force Report to City Council for staff to report back to the Task
Force within 30 days.
- Wallace Maurer. 7451 Dublin Road, stated he would consider removing his objections to
the Dublin Road bikepath dependent upon verification of the proposed width at 4 feet as
stated by Mrs. Close at a recent meeting.
Mr. Helwig responded that the City standard for bikepaths is 8 feet in width plus one foot
on either side of that as easement.
Mr. Maurer stated that he remains opposed to the bikepath along Dublin Road at the
proposed width.
Mayor Kranstuber asked if it would be possible, in the areas where there is heavy
vegetation or historic stone walls, to try to narrow the bikepath.
Mr. Kindra stated all of these unique features have been given consideration during the
design process.
Mr. Helwig stated that City Council could direct staff to bring back alternatives for the
bikepath width, if that is their desire.
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Dublin City Council Meeting Page 2
DAYTON LEGAL BLANK INC. FORM NO. 10148
Held February 7,2000 ,
(YEAR)
Ms. Chinnici-Zuercher moved to direct staff to bring back alternatives for the width of the
bikepath for areas with stone walls or heavy vegetation.
~~ Mr. Reiner seconded the motion.
Vote on the motion - Mr. Reiner, yes; Ms. Chinnici-Zuercher, yes; Mr. Peterson, yes; Mr.
McCash, yes; Mrs. Boring, yes; Mayor Kranstuber, yes.
Joel Campbell. Treasurer of the Board of the Dublin Counseling Center thanked City
Council for their continued financial support. The center is a non-profit corporation that
provides mental health services to Dublin residents under the umbrella of ADAMH.
They also receive funding from Medicaid, Medicare and from private insurance. The
City's funding is a critical part of the funding for the Counseling Center. They work with
Dublin's Mayor's Court programs and other agencies of the community in providing
quality mental health care for Dublin residents.
Kathryn Mihelich-Helms, Executive Director, Dublin Counseling Center added they are
proud of the services provided to the community. Their mission is to provide services
regardless of ability to pay, and the City of Dublin helps in supporting that mission.
Mayor Kranstuber thanked Ms. Mihelich-Helms and the Dublin Counseling Center for all
their hard work in providing this great service to the community.
Staff Comments
Mr. Helwig:
- 1. Thanked everyone in the Dublin "family" who sent condolences to Mr. Hansley
and members of his family upon the death of his mother. Mr. Hansley's mother's
funeral services were today, and for this reason he is absent tonight from the
meeting.
2. Noted that a request for a waiver of permit fees associated with providing
handicapped access to an existing home has been forwarded to Council. Staff is
recommending approval of this waiver for resident Vicki Campbell.
Mayor Kranstuber moved to waive the building permit fees associated with remodeling to
accommodate a handicapped resident for the property located at 7283 Tullymore Drive.
Mr. Reiner seconded the motion.
Vote on the motion - Mrs. Boring, yes; Mr. Reiner, yes; Mr. McCash, yes; Mr. Peterson,
yes; Ms. Chinnici-Zuercher, yes; Mayor Kranstuber, yes.
3. Reported that everyone is working hard to complete Phase n of the Recreation
Center in accordance with the contract date of February 18, 2000, which is 6 days
prior to the opening events. There are many last minute items to be completed,
but plans are proceeding for the events. Staff wants to apprise City Council that
all of the finishing details may not be complete, but staff is optimistic that the new
theatre will be ready for the State of the City event. If a health/safety issue were
identified, however, the event would have to be postponed.
Chief Geis announced that the recent national accreditation team found the Police
--- Division to be in compliance with all 400 plus standards. He thanked Council Members
Chinnici-Zuercher and Boring who gave positive testimonies at the recent accreditation
public hearing.
LEGISLA TION
SECOND READING/PUBLIC HEARING - ORDINANCES
Ordinance 137-99 -An Ordinance Amending Ordinance 104-99 t~ Revise the Fees
In Appendix A of the Schedule of Fees and Service Charges for City of Dublin
Services to Include Rental Fees for the Community Hall and Community Theatre in
Phase II of the Dublin Community Recreation Center, and Declaring an Emergency.
In response to Mayor Kranstuber, Mr. Helwig stated the ordinance has been amended to
capture the modifications made at the Finance Committee of the Whole meeting of
January 10th.
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Dublin City Council Meeting Page 3
DAYTON LEGAL BLANK INC. FORM NO. 10148 '
Held February 7, 2000 ,
(YEAR)
Mayor Kranstuber moved to treat this as emergency legislation.
Ms. Chinnici-Zuercher seconded the motion.
Vote on the motion - Mr. Reiner, yes; Mr. Peterson, yes; Mr. McCash, yes; Mayor
,--. Kranstuber, yes; Ms. Chinnici-Zuercher, yes; Mrs. Boring, no.
Vote on the Ordinance - Mr. McCash, yes; Mr. Peterson, yes; Mrs. Boring, no; Ms.
Chinnici-Zuercher, yes; Mr. Reiner, yes; Mayor Kranstuber, yes.
Ordinance 06-00 - An Ordinance Amending and Supplementing Ordinance No. S6
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.
Mr. Helwig stated this legislation enables staff to execute the Tax Increment Financing
Agreements covering the other parcels, not only the parcels recently rezoned.
Mayor Kranstuber moved to treat this as emergency legislation.
Mr. Peterson seconded the motion.
Vote on the motion - Ms. Chinnici-Zuercher, yes; Mr. McCash, yes; Mr. Reiner, yes; Mr.
Peterson, yes; Mayor Kranstuber, yes; Mrs. Boring, yes.
Vote on the Ordinance - Mrs. Boring, yes; Mr. McCash, yes; Ms. Chinnici-Zuercher, yes;
Mayor Kranstuber, yes; Mr. Peterson, yes; Mr. Reiner, yes.
Ordinance 07-()0 - An Ordinance Amending the Annual Appropriations Ordinance
For the Fiscal Year Ending December 31, 2000.
Mr. Helwig stated that a staff report was provided by Ms. Grigsby. She can respond to
any questions.
,......., Vote on the Ordinance - Mr. Peterson, yes; Mr. McCash, yes; Mrs. Boring, yes; Ms.
Chinnici-Zuercher, yes; Mr. Reiner, yes; Mayor Kranstuber, yes.
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 C()sts 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. Helwig stated this relates to the bid on tonight's agenda, which is moving
forward as Council directed, for the Emerald Parkway project, Perimeter Drive to
Innovation.
Ms. Chinnici-Zuercher moved to treat this as emergency legislation.
Mr. Peterson seconded the motion.
Vote on the motion - Mayor Kranstuber, yes; Mr. Reiner, yes; Mrs. Boring, yes; Ms.
Chinnici-Zuercher, yes; Mr. McCash, yes; Mr. Peterson, yes.
Vote on the Ordinance - Mr. Peterson, yes; Ms. Chinnici-Zuercher, yes; Mr.
McCash, yes; Mayor Kranstuber, yes; Mrs. Boring, yes; Mr. Reiner, yes.
.......-.
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
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
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Dublin City Council Meeting Page 4
DAYTON LEGAL BLANK INC. FORM NO 10148
Held February 7, 2000 ,
(YEAR)
Emergency. (perimeter Drive Extension)
Ms. Grigsby stated this is for the construction of Perimeter Drive from its current terminus
to Post Road, the connection with Post Road, and the stub on Perimeter Loop Drive.
".--.. Mayor Kranstuber moved to treat this as emergency legislation
Mr. Peterson seconded the motion.
Vote on the motion - Ms. Chinnici-Zuercher, yes; Mrs. Boring, yes; Mr. Peterson, yes; Mr.
McCash, yes; Mr. Reiner, yes; Mayor Kranstuber, yes.
Vote on the Ordinance - Mr. Peterson, yes; Mayor Kranstuber, yes; Ms. Chinnici-
Zuercher, yes; Mrs. Boring, yes; Mr. McCash, yes; Mr. Reiner, yes.
Ordinance 10-00 - An Ordinance Providing for the Issuance and Sale of Notes in
the Maximum Principal Amount of $2,000,000 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)
Mayor Kranstuber moved to treat this as emergency legislation.
Mrs. Boring seconded the motion.
Vote on the motion - Mr. Peterson, yes; Mayor Kranstuber, yes; Mr. Reiner, yes; Mr.
McCash, yes; Ms. Chinnici-Zuercher, yes; Mrs. Boring, yes.
Vote on the Ordinance - Mr. McCash, yes; Mr. Peterson, yes; Mayor Kranstuber,
- yes; Mr. Reiner, yes; Mrs. Boring, yes; Ms. Chinnici-Zuercher, yes.
I
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. Helwig stated this is a recently annexed parcel, and this legislation aligns the
township boundaries.
Vote on the Ordinance - Ms. Chinnici-Zuercher, yes; Mayor Kranstuber, yes; Mr. Reiner,
yes; Mrs. Boring, yes; Mr. Peterson, yes; Mr. McCash, yes.
INTRODUCTION & FIRST READING - ORDINANCES
Ordinance 20-00 - 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 By-Pass Sanitary Sewer
Flow, Clean and Televise 20,000 Feet of Sanitary Sewer Line.
Mayor Kranstuber introduced the ordinance.
Mr. Helwig stated that Mr. Kindra and Mr. Harding have reviewed this matter and
recommend approval by Council at the second reading on February 22.
Mr. Kindra added that this item is difficult to define due to the scope of the work. It does
not fall into the category of a normal construction project. First, they have to go through
- the televising, and then actually determine what construction and repairs are needed.
After completion of this phase, they will have the necessary repairs identified. This is the
preparation for a budget request that will come later for the construction.
In response to Mr. Peterson, Mr. Helwig stated that there will be a competitive bidding
process for the repairs, the scope of this work is just to determine what the repairs are.
There will be a second reading and public hearing on the ordinance at the February 22
Council meeting.
Mayor Kranstuber invited Mr. Maurer to testify and apologized for overlooking his
request to testify on a couple of other ordinances tonight.
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DAYTON LEGAL BLANK INC.. FORM NO. 10148
Held Febmary 7,2000 ,
(YEAR)
Mr. Maurer noted that he would like to clarify at this time his comments regarding the
Dublin Road bikepath issue. He is requesting not only that it be narrowed in certain
spots, but that the placement be adjusted to between the road and a stand of trees instead
,......., of behind the trees or between the road and stone fence, not behind the stone fence.
Mayor Kranstuber clarified that Council's motion was to direct staff to consider these
details and determine any alternative ways of "downsizing" the bikepath.
Ordinance 21-00 - An Ordinance to Accept the LowestlBest Bid For the Emerald
Parkway Phase 7 Project for the City of Dublin, and Declaring an Emergency.
Mrs. Boring introduced the ordinance.
Mr. Helwig stated this ordinance comes to Council in response to their policy direction of
expediting the Emerald Parkway project. This project provides the connection of
Emerald Parkway over 161/33 and connects Perimeter Drive and Innovation Drive.
Three bids were received, all under the engineer's estimate of $9.3 million. The low
bidder, just under $8.2 million is Complete General Construction, whose work is well
known to the City. They have just completed the bridge over the Scioto River as well as
the A very interchange project and the 1-270 widening project. The City is pleased to
accept this low bid, and has been pleased with their workmanship. Staff is asking for
emergency action on this tonight.
Mayor Kranstuber moved to treat this as emergency legislation.
Mr. Peterson seconded the motion.
Vote on the motion - Mr. McCash, yes; Mr. Peterson, yes; Ms. Chinnici-Zuercher, yes;
Mayor Kranstuber, yes; Mr. Reiner, yes; Mrs. Boring, yes.
Vote on the Ordinance - Mr. Peterson, yes; Mr. McCash, yes; Ms. Chinnici-Zuercher,
."..-., yes; Mrs. Boring, yes; Mr. Reiner, yes; Mayor Kranstuber, yes.
Mrs. Boring asked what amount was budgeted in the CIP for this project.
Ms. Grigsby responded that a total of $8 million was programmed for construction, based
upon the engineer's estimate of last summer. Since that time, it has been revised to the
$9.3 million figure. However, the bids came in at what was originally programmed in the
CIP.
Mr. Helwig added that this does not include the property acquisitions, for which there are
still some unresolved issues.
Ordinance 22-00 - An Ordinance Amending the Annual Appropriations for the
Fiscal Year Ending December 31, 2000.
Mayor Kranstuber introduced the ordinance.
Ms. Grigsby stated that several of the items relate specifically to the Recreation Center
and the damage that occurred there when a transformer malfunctioned. Also included is
the funding for the preliminary engineering estimate for the Sawmill Road and
Summitview Road sanitary sewer studies.
Mayor Kranstuber moved to dispense with the public hearing.
Mr. Reiner seconded the motion.
Vote on the motion - Mr. Reiner, yes; Ms. Chinnici-Zuercher, yes; Mayor Kranstuber,
,......., yes; Mr. McCash, yes; Mr. Peterson, yes; Mrs. Boring, yes.
Vote on the Ordinance - Ms. Chinnici-Zuercher, yes; Mayor Kranstuber, yes; Mr.
McCash, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr. Peterson, yes.
INTRODUCTION & PUBLIC HEARING - RESOLUTIONS
Resolution 10-00 - A Resolution Of Intent To Appropriate A 3.147 Acre, More Or
Less, Fee Simple Interest, A 0.194 Acre, More Or Less, Fee Simple Interest
(Present Road Occupied) A 0.328 Acre, More Or Less, Access And Utility
Easement, A Combined 1.113 Acre, More Or Less, Utility Easement And A
Combined 1.927 Acre, More Or Less, Temporary Construction Easement, From
Post Hylands Co., Located East Of Liggett Road And South Of Perimeter Drive,
City Of Dublin, County Of Union, County Of Franklin, State Of Ohio.
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DAYTON LEGAL BlANK. INC.. FORM NO. 10148
Held FebrlJary 7,2000 ,
(YEAR)
Resolution 11-00 - A Resolution of Intent to Appropriate a 0.444 Acre, More or Less,
Fee Simple Interest, a 0.157 Acre, More or Less, Utility Easement and a 0.162 Acre,
More or Less, Temporary Construction Easement, From Warren Gorden, Located
.- East of Hyland-Croy and North of Perimeter Drive, Township of Jerome, County of
Union, State of Ohio.
Resolution 12-00 - A Resolution of Intent to Appropriate a 0.126 Acre, More or Less,
Fee Simple Interest and a 0.146 Acre, More or Less, Temporary Construction
Easement, From GLK Properties, LTD., LLC, Located South of Post Road, City of
Dublin, County of Union, State of Ohio.
Resolution 13-00 - A Resolution of Intent To Appropriate a 0.341 Acre, More or Less,
Fee Simple Interest (present Road Occupied), a 0.116 Acre, More or Less, Utility
Easement and a 0.117 Acre, More or Less, Temporary Construction Easement, From
Albert Schoby, Located East of Liggett Road and North of Perimeter Drive, City of
Dublin, County of Union, State of Ohio.
Resolution 14-00 - A Resolution of Intent To Appropriate a Combined 0.221 Acre,
More or Less, Fee Simple Interest (Present Road Occupied), A Combined 0.052 Acre,
More or Less Utility Easement and it Combined ().()71 Acre, More or Less, Temporary
Construction Easement, From Northwest Assembly of God, Located North of Post
Road, City of Dublin, County of Union, State of Ohio.
Resolution 15-00 - A Resolution of Intent to Appropriate a 0.073 Acre, More or Less,
- Fee Simple Interest (Present Road Occupied), a 0.024 Acre, More or Less, Utility
Easement and a 0.024 Acre, More or Less, Temporary Construction Easement, From
William Syar, Located North of Post Road, City of Dublin, County of Union, State of
Ohio.
Mayor Kranstuber introduced the resolutions and moved to waive the Council rules of order
to have the Clerk read the names of the roads and property owners involved with
Resolutions 10-00 through 15-00.
Mr. Peterson seconded the motion.
Vote on the motion - Ms. Chinnici-Zuercher, yes; Mrs. Boring, yes; Mr. McCash, yes; Mr.
Reiner, yes; Mr. Peterson, yes; Mayor Kranstuber, yes.
Mr. Smith stated that these resolutions relate to the Perimeter Drive extension to
accommodate the Rail Van project. These resolutions represent six property owners and
negotiations are still underway. This project is on a fast track and is expected to be out for
bid on March 20th.
Vote on Resolutions 10-00 through 15-00 - Mr. McCash, yes; Mrs. Boring, yes; Mr.
Reiner, yes; Mayor Kranstuber, yes; Mr. Peterson, yes; Ms. Chinnici-Zuercher, yes.
Resolution 16-00 - A Resolution Authorizing the City Manager to Sign a Final
Resolution and Contract Adopting Plans; Proposing to Cooperate; Requesting the
Director to Proceed with the Widening of Dublin-Granville Road (State Route 161).
- Mayor Kranstuber introduced the resolution.
Mr. Helwig stated that this legislation provides for the authorization to execute this
contract. There is a possibility that the ODOT bid date of March may be moved back to
the late second quarter. There are some unresolved issues, but all the parties are trying to
work within the spirit of this resolution.
Ms. Grigsby noted that an outstanding issue relates to the cost of the right-of-way
acquisition. City staff is in the process of working with ODOT to firm up the costs. This
resolution includes an estimate of $2.7 million, but previously, ODOT had given a lower
number to the City. Legal staff has been working with the right-of-way acquisition team
at ODOT, and legal staff was told that the lower number would be sufficient.
In discussion with ODOT officials today, there is a potential that the lower amount will
be used. Staff is requesting that Council adopt this Resolution tonight, with the provision
that if a lower number is subsequently determined to be adequate, that new legislation
RECORD OF PROCEEDINGS
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DAYTON LEGAL BlANK. INC.. FORM NO. 10148
Held FebnHlry 7, 2000 ,
(YEAR)
will be presented at the next Council meeting. If this cannot be resolved with ODOT,
then this resolution will be used to proceed for the bid award at the end of March.
ODOT anticipates awarding this project on March 29th, but if there is a need for new
,...-... legislation with revised numbers, ODOT will have to re-schedule awarding the bid to
Mayor June.
Mayor Kranstuber asked for clarification of Dublin's portion of this project.
Ms. Grigsby stated that Dublin is paying for all items outside of the allowable costs, such
as the re-design of the parking lot and the bikepaths. As far as the actual road
construction, the federal government is paying for SO percent and the state government is
paying the remaining 20 percent. Dublin's costs on this project are mainly for the right-
of-way acquisition.
Mr. Helwig clarified that the sale date of March 29th has been set by the state. The state is
managing the bid process on this project.
Discussion foJlowed by Council members about how to proceed, in view of the fact that
the numbers may change.
Ms. Grigsby clarified that staff is recommending approval of the resolution so that the
project may proceed if it is determined that the numbers are correct. The City Manager
will not execute the documents until verification is made of the accuracy of the figures.
If City Council does not approve the resolution tonight, it would automatically delay the
project.
-
Mr. Smith added that it is a state requirement to have these resolutions passed before
documents can be signed. Staff is recommending adoption tonight, but Ms. Grigsby will
not authorize the funding nor will Mr. Hansley sign the documents until the figures are
determined to be accurate.
Mr. Kindra added that if Council does not approve the resolution tonight, it not only
delays the project, but also moves it into the next fiscal year. It is extremely important
that this be approved tonight for submission to ODOT.
Vote on the Resolution - Mr. Reiner, yes; Mayor Kranstuber, yes; Mrs. Boring, yes; Mr.
Peterson, yes; Mr. McCash, yes; Ms. Chinnici-Zuercher, yes.
Resolution 17-00 - A Resolution in Support of Senthen Mahenthirarasa Being
Granted Legal Resident Status in the United States by the U.S. Immigration and
Naturalization Service.
Mayor Kranstuber introduced the resolution and provided brief background on this
situation which warrants a resolution of support from Council. He read from newspaper
coverage of Senthen's plight and his effort to be granted legal resident status.
This child is under threat of persecution if returned to his native Sri Lanka. His father has
been killed and his mother's whereabouts in a war zone are unknown in a war zone.
- Senthen's uncle is willing to provide a safe environment in his Dublin area home.
Mrs. Boring noted that, at her request, Mr. Hansley contacted Rep. Tiberi's office to seek
his support of this effort.
Rep. Tiberi testified that he has previously assisted with a similar immigration case and
as the son of an immigrant himself, he is interested in helping in this boy's situation. He
emphasized how important local community support is in cases like this. He has also
contacted U.S. representative Deborah Pryce and written letters to Senators DeWine and
Voinovich, with copies to the Immigration and Naturalization Service as well as Janet
Reno, U.S. Attorney General. He urged Council to support this effort by approving this
resolution.
RECORD OF PROCEEDIN(;S
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Dublin City Council Mee"ting"""'''''-''''''~''~"''''"W~-''''Page8'''''''''''''''~'~''''w~",,, , " "''',,''''''',
DAYTON LEGAL BLANK. INC.. FORM NO. 10148
Held February 7,2000 ,
(YEAR)
Dennis Muchnicki, attorney representing Senthen Mahenthirarasa thanked the Dublin
community for this important show of support. The bureaucracy of the U.S. Immigration
and Naturalization Service is extremely difficult to work through, and although it can be
,r---: proven that Senthen's fear of persecution is well founded, that is sometimes not enough.
The service has discretionary powers to turn cases down without cause. The community
support will hopefully be an important factor in their decision.
Ms. Patrice Kelley, Willow Grove resident commented that this is a period of time of
great indifference. Dublin's show of community support for Senthen is really impressive
and as a community exemplifies what can be done when everyone works together.
Vote on the Resolution - Mayor Kranstuber, yes; Ms. Chinnici-Zuercher, yes; Mr. Reiner,
yes; Mrs. Boring, yes; Mr. McCash, yes; Mr. Peterson, yes.
Mrs. Boring thanked her fellow Council members for supporting this resolution. Much
credit also goes to Patrice Kelley who brought this issue to Council's attention.
OTHER
Discussion of Provision of City Water and Sewer Service to Dan Sherri Avenue, Dublin
Manor Subdivision. Hanna Hills Drive, MacBeth Drive and MacDuff Way.
Mr. Helwig stated that staff has provided information in order to help Council make this
policy decision. The Clerk of Council provided a list of those residents signed up at the
last Council meeting, and a member of the engineering staff delivered to 18 households
the same information that Council has tonight.
,..........
Mayor Kranstuber clarified that at the last meeting, Council made the determination that
the water and sewer fund would be used to pay for the cost of the main lines, and that
each resident would then pay for their individual hook-up.
Mr. Helwig stated that this is also his understanding, and in addition, that the residents
would not be required to connect. The policy decision for tonight relates to the four areas
listed on the agenda, as staff is still in the process of obtaining the estimates on the
Summitview area, which will be the next area studied.
Mayor Kranstuber invited public comment at this time.
Ms. Susan Olesik, 4410 Hanna Hills Drive, stated that many on her street have young
children and would want to hook up for health and safety concerns, but may not be able to
pay the tap-in fees. They would appreciate any assistance the City could provide in terms
of low cost loans. She added that the septic systems are those where the problems occur,
those with aeration systems are generally fine.
Mrs. Boring stated that if the City is if paying for the costs of installing the main sewer
lines to address the health and safety concerns raised, then it seems that the residents
should be required to hook in to the sewer lines.
--
Mr. Smith suggested that perhaps those residents who choose not to tap in could possibly
be assessed some of the costs of maintenance for those lines.
In response to Mayor Kranstuber, Mr. Smith stated that there was no commitment in
regard to sharing the costs of the sewer lines across the property in the context of the
Schottenstein rezoning. This could be explored further.
Mayor Kranstuber invited Council members to comment.
Mr. Peterson commented that he has begun to receive calls from residents of other areas
of the City that don't have sewer and water. If the projections are correct, there could be
a potential $23 million of additional expense to be incurred for other areas in the City.
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RECORD OF PROCEEDINGS
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Dublin City Council Meeting ~,-~"~~",,-,,w"""'-Page9-""'-'~-W_-"""" "'''''~",,-",
DAYTON LEGAL BLANK. INC.. FOAM NO. 10148. . ,
Held Febr1lary 7,2000 ,
(YEAR)
Ms. Grigsby stated that if the City continues to pay for 100 percent of the costs out of the
water and sewer funds, then the estimate is that the current rate structure and the sewer
~ fund would not be sufficient to cover the costs. The water fund has a little more
flexibility and could handle the additional costs over time. Under the current rate
structure, the sewer fund would not be able to handle all of these costs without a deficit.
Ms. Chinnici-Zuercher asked if there is a phase-in plan for those areas not included in the
current studies. This issue is not about which neighborhoods to serve, it is about
utilization of City funds to provide the services to private homes, and what percentage
should be the City's responsibility.
Cindy Hide Pittaluga. 4281 MacDuff Place lJrged Council to support this request from the
residents for services. In her opinion, this project has a similar scope to that of the
stormwater study done citywide. Water and sewer services should be provided to City
residents and a long-range plan should be adopted to ensure that this happens. There are
options available to fund the costs over a longer period of time. It is unrealistic to
postpone this issue until later - the costs will only increase. This particular area is unique
because of its proximity to I-270 and Sawmill. The development pressures in the area
have had impacts on the well system as well as the septic systems. She appreciates
Council's consideration of this issue, and she understands that it is somewhat of a
deviation from past policy for funding of water and sewer improvements. The City needs
to address this situation now.
-
Phyllis Diamond, 6344 DanSheni Avenue commented thatdevelopers are currently
installing sewer lines on the north and south sides of their street. She clarified that the
homes in their area with septic systems have less trouble with their systems than those
with aeration systems. The rainfall amount impacts aeration systems.
After brief discussion, Mrs. Boring moved to direct the City to undertake the design and
construction of the main sewer lines and water lines to the areas under study at this time.
Mayor Kranstuber asked Mrs. Boring to clarify the motion, does that motion include the
Summitviewarea?
Ms. Chinnici-Zuercher stated that Mr. Helwig noted that Summitview was not included
in the information presented to Council for consideration tonight. That study is not
complete.
Ms. Chinnici-Zuercher seconded the motion.
Mr. McCash commented that if the City is undertaking this project for health, safety and
welfare reasons, they should require residents to hook into the system.
,...... Mayor Kranstuber invited Council members to propose any amendments based on this
comment.
Mr. Reiner stated that he has heard conflicting testimony about septic systems and
aeration systems. The issue is the health and safety of the citizens. He wants to be fair,
yet not set a precedent for what will be done in the future in the rest of the community in
view of the $23 million estimate for water and sewer lines to areas not presently served.
He asked the law director for his opinion about the policy implications of this action by
Council.
Mr. Smith suggested that Council could include a statement with their motion that this
decision in no way sets a policy for the entire city, but is based upon the information that
Council has for these neighborhoods at this time regarding health and safety issues, and
I
RECORD OF PROCEEDINGS
Dublin City Council Meeting Page 10
DAYTON LEGAL BLANK INC. FORM NO. 10148
Held February 7, :6000 ,
(YEAR)
!
based upon the favorable economic condition of the City's at this time.
Ms. Chinnici-Zuercher commented in follow-up to Mr. Reiner's comments that if the
r-- goal is to address health and safety issues, then it would only be logical to require hook-
up so that the health and safety issues are in fact addressed. She does not understand
investing this amount of money if the City is not going to require utilization of the
services by the affected residents.
At this point, Senthen Mahenthirarasa entered the Council Chambers and Mrs. Boring
suggested that Council take a break from this discussion to introduce him.
Mayor Kranstuber welcomed Senthen to Dublin and Senthen made brief comments about
his life in Dublin.
Mayor Kranstuber wished him well in his efforts to remain in the United States.
Senthen's aunt thanked the Mayor and City Council for their support of her nephew.
The discussion regarding water and sewer services then continued.
In response to Mrs. Boring, Mr. Smith suggested adding language to the motion, that the
decision regarding any requirement to tie in will be made at a later date and that this
policy is not meant to set a precedent for the entire City.
Mrs. Boring moved to amend her motion to include this language.
Mr. Reiner seconded the motion.
Mayor Kranstuber called for a vote on the amendment to the motion.
.-.. Vote on the motion - Mr. Peterson, yes; Mrs. Boring, yes; Mr. McCash, yes; Mr. Reiner,
yes; Mayor Kranstuber, yes; Ms. Chinnici-Zuercher, yes.
Mr. McCash moved that, in addition to the design and construction issue, staff or legal
counsel review imposing a requirement that when the service lines become available to
those residents, that they at least tap into them, or that a determination be made about
whether or not to install the lines based upon those who commit to tap in.
Mrs. Boring commented that this concept would require further review and deliberation
and would need to involve the residents. She does not want to add this to the decision
being made tonight. Perhaps requiring residents who do not hook in to pay a
maintenance fee would be more appropriate.
Mr. Smith also noted for the record that Council will in the future need to appropriate the
money for these projects and that further study will be made about a requirement to tap in
prior to funding of the project.
Mr. McCash clarified that he believes the City does need to commit to build the main
lines. He does have concerns about the timing of some of the phases if people do not
intend to hook in. If only a small number of residents plan to hook up to the systems,
perhaps there is not a need to build that portion immediately.
~
Mr. Peterson stated that everyone agrees that the City should pay for the main lines. The
issue for the sewer lines is whether or not residents will be required to tap in. It would
be important to know if residents plan to tap in prior to making this decision.
Mr. Reiner agreed with Mr. Peterson comments that both parties involved in this need
protection. If the problems relate mainly to the water system, this needs to be addressed.
However, it is only fair to the rest of the Dublin taxpayers to understand the costs for the
sewer system and the number of residents who will utilize the services. In order to be
fair, the City may have to require ~hat everyone tap in to justify the expenditure.
Mrs. Boring asked about the involvement from the EP A or Health Department with this
issue.
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RECORD OF PROCEEDINGS
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Dublin City Council Meeting Page 11 "'''''''''''''''''''''''
Held February 7, 2000 ,
(YEAR)
Mr. Helwig responded that they could be called upon to investigate if it was determined
that there was an actual health crisis related to the water and sewer.
Mr. Helwig emphasized that the extraordinary good economic times in the City allow
,...-. Council to even consider funding 100 percent of the costs of bringing main water and
sewer lines to these areas. Most cities would not have this luxury. Over time, the
existing homeowner systems will deteriorate, and in time, the City will be glad to have
the public systems in place and to have planned for the future. Planning and building
this necessary infrastructure will avoid a future health and safety crisis. He believes that
some states have found that you cannot require tap in to a system if a homeowner can
demonstrate that they have a passable private system. He suggested that Council request
that the legal staff research this as it applies in Ohio. In the meantime, he understands
that Council's policy direction, as outlined in the motion, is to authorize staff to proceed
with the design ofthe systems listed on tonight's agenda, with the full intent of
constructing those systems, understanding that the prosperous times enjoyed by the
community presently make this policy decision possible.
Julie Phelps, 6290 Post Road commented that they are considering a new septic system
at this time at a cost of approximately $7,000, and if this spend this money for the system,
she would not want to be required to tap into City water and sewer lines if they were to be
made available to them. The Post Road area residents are very interested in sewer and
water service as are many other areas of Dublin.
Jim Majewski, 7630 Bellaire Avenue responded to Mr. McCash's comment about the
percentage of residents tying into the system. It may be only 4 or 5 initially, but
~ eventually all residents would likely want water and sewer service, especially if they have
to replace wells or septic systems.
Ms. Chinnici-Zuercher asked for clarification of the motions on the floor.
Mayor Kranstuber clarified that the first motion was to design and construct water and
sewer lines for the Hanna Hills, Dan Sherri A venue, Dublin Manor, and
MacBeth/Macduff neighborhoods. There was an amendment that hook-up is non-binding
and that it was based on health and safety issues and made possible by the good economic
condition of the City. There was a second amendment, but no second to the motion.
Mr. Helwig clarified that the second amendment was to request that staff review the
options available for the requirement of tapping in.
Ms. Chinnici-Zuercher suggested that the homeowners associations survey their
neighborhoods regarding plans to tap in to the systems when they are available.
Mrs. Boring stated that there would be no way to legally bind the residents to a
commitment to tap in. Perhaps the property owners could be required to pay the tap-in
fees by assessment, even if they choose not to run the lines to their properties at this time.
~ Ms. Chinnici-Zuercher stated that this would be part of the review to be done by staff.
-. Mayor Kranstuber called for a vote on the amendment to the motion to have staff research
the legality of requiring tap-in to the system or alternatives for assessment of maintenance
or user fees for those who do not tap in when lines are made available.
Ms. Chinnici-Zuercher seconded the motion.
Vote on the motion - Mayor Kranstuber, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr.
McCash, yes; Ms. Chinnici-Zuercher, yes; Mr. Peterson, yes.
Mayor Kranstuber asked that legal staff continue to explore the possibility of developer-
funded water and sewer lines for the northeast quad area.
Mayor Kranstuber called for a vote on the motion to design and construct the system with
-
RECORD OF PROCEEDINGS
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Dublin City Council Meeting Page 12~""""''''''''''''-'~'' , , """,,"''''''''''''
Held Febrllary 7, 2000 ,
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the amendments as approved.
Mr. Reiner suggested a caveat that if Council later finds that there is no health and safety
~ issue in some areas, and if those residents do not want to hook in to water and sewer, that
Council will not approve the funding for those lines.
Mr. Smith concurred that the fundstotconstructthe project will still have to be
appropriated by Council, and perhaps the information available at that time will influence
the decision to proceed.
Mr. McCash commented that it would be important to have the residents come to Council
at that time and indicate their level of interest in these services.
Mrs. Boring noted that she is seeking support from Council to build this system for the
future. It is a good investment, and when future problems occur with existing systems,
the infrastructure will be in place for these City residents. The City can continue to study
ways to encourage residents to tap into the system and how to provide assistance with
fees.
Mayor Kranstuber called the question on the original motion as amended.
Vote on the motion - Mr. Reiner, yes; Mayor Kranstuber, yes; Mr. McCash, yes; Mrs.
Boring, yes; Mr. Peterson, yes; Ms. Chinnici-Zuercher, yes.
- Mr. Helwig stated that staff understands that the spirit of this motion is to expedite this
project. Mr. Smith will do the research on the legal sufficiency of requiring tap-ins.
Council did not actually ask Mr. Smith to formalize a policy tonight.
There was no request from Council to draft a formal policy at this time.
Council Roundtable/Committee Reports
Mr. Peterson stated that:
1. He will attend the Leadership Dublin class on Wednesday.
2. He appreciates the updates from the City Manager and Mr. Stevens regarding
BMW Financial and SubmitOrder.Com. It is the retention and expansion of
companies such as these that gives Council the ability to fund water and sewer
infrastructure as they have done tonight.
Mr. Reiner stated that:
1. He also plans to attend the Leadership Dublin meeting.
2. He will be out of the country in late February and will miss the next Council
meeting.
Mayor Kranstuber noted that he would likely miss the next meeting as well.
Mrs. Boring:
1. Asked that staff extend her condolences to Mr. Hansley upon the death of his
-- mother.
2. Noted that Dublin also lost a long-time resident and pediatrician for Dublin
Schools, Dr. Gregory Brookes, who died last week from cancer. He cared for
many of Dublin's children and was a strong supporter of Dublin athletic
programs.
Ms. Chinnici-Zuercher stated that:
1. She will attend the Leadership Dublin meeting as well.
2. The Police Division Accreditation public hearing that she attended was very
informative. Many positive comments were made about Dublin's Police.
3. She suggests that the Mayor send a letter to Dr. Brookes' family on Council's
behalf. As Mrs. Boring pointed out, he always made time for the children of the
community, not just as a doctor, but as a friend. He was very supportive of the
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Dublin City Council Meeting Page 13"" ~"," , ,"",",,''','
UAYTON LEGAL BLANK INC. FORM NO. 10148
Held Febr1lary 7,2000 ,
(YEAR)
soccer program in Dublin. It is important to acknowledge the contribution he
made to this City.
3. She would like to request an executive session tonight for personnel matters.
~,
Mr. McCash noted that:
1. There was a letter in the packet regarding a Post Road resident's request to have
horses on her property, and suggested that Council address the issue tonight as
Julie Phelps is present.
2. A section of Emerald Parkway, north of Rings Road has a speed limit 40-mph, yet
a resident was ticketed along Emerald Parkway between Coffman and Dublin
Road where the speed limit is 35 mph. How are these speed limits determined?
Mr. Kindra responded that there are design criteria for certain speeds, and due to the
curves and depth in the portion of Emerald Parkway from Dublin Road to Coffman, the
speed was lowered to 35 mph. Originally, the road was planned to have a 40-45 mph
limit, but this could not be accomplished. The section north of Rings is a straighter
section of roadway.
Mayor Kranstuber noted that unless Council has an objection, he would add the request to
have horses on the property along Post Road to the agenda for tonight.
Mr. Peterson commented that the issue as he sees it is not with the number of horses, or
with maintaining the fence, but rather with the deed restriction. He asked staff to
comment on whether this is a way to allow the horses under our Code.
--. Ms. Clarke responded that having horses on your property in Ohio is not considered a
residential use, but rather an agricultural use. There is a provision in Dublin's Code in a
rural district allowing agricultural uses on acreage over 5 acres. The property involved is
zoned PUD for three lots, as part of the Indian Run Meadow PUD. There are three lots
south of the creek along Post Road, and immediately to the east of that is another parcel
of about 2 acres along Post Road for a combined total of over 7 acres on the site.
Mr. Peterson clarified that half of it is then zoned PUD as part of Indian Run Meadows,
and the other half is zoned rural, but neither of them independent of each other is
adequate to accommodate the horses.
Mr. McCash suggested that Council grant a variance to allow horses under the PUD, as
an amended subarea to Indian Run, assuming that the deed restrictions do not prohibit
them. In view of the WOW program under consideration and the desire of Council to
encourage rural views and large setbacks, this would seem in keeping with the intent of
the WOW program.
Ms. Clarke stated that the PUD and the R-1 zoning classification are silent on the issue of
horses. The only way staff believes this could work is if Council permits the use. Years
ago, when Dublin was more rural, this issue came up from time to time.
And at one time, the law director's office rendered an opinion that the only legal horses in
....-, Dublin were those that were pre-existing, non-conforming.
Mr. Peterson moved to permit horses on Franklin County Parcel Nos. 273-001306,
004153,004152, and 004154 for non-commercial use and in conformance with the
requirements of Franklin County.
Mr. Reiner seconded the motion.
Mrs. Boring asked if the approval would run with the land or with this property owner
only.
Mr. Smith stated that the approval would run with the land.
Mayor Kranstuber called the question.
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RECORD OF PROCEEDINGS
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DAYTON LEGAL BLANK CO. FORM NO. 1 148
Helrl February 7.2000 19
i
Vote on the motion - Mr. Peterson, yes; Ms. Chinnici-Zuercher, yes; Mr. McCash, yes;
Mayor Kranstuber, yes; Mrs. Boring, yes; Mr. Reiner, yes.
r-'. Mayor Kranstuber:
1. Reported he may not be present at the next Council meeting.
i
I 2. Noted that he has asked legal staff to draft legislation to permit appointment of a
magistrate for Mayor's Court to serve in the case when the Mayor and Vice
Mayor are unavailable or have a conflict of interest with a case.
Mr. Smith noted that the code enforcement officer legislation will be included in the next
Council packet.
Ms. Chinnici-Zuercher also reported that she and Mrs. Boring recently attended a meeting
with Mr. Hahn and his staff regarding the Donegal Cliffs park expansion. The meeting
served as a good demonstration of how the citizens of Dublin expect to be involved in the
decision making process, and how amenities such as parks are developed. She suggested
that City's communication vehicles be used to help the citizens be more aware of
Council's broad goals for the City and how individual neighborhoods are integrated into
those goals.
Following brief discussion, a date was set for board and commission interviews for
Wednesday, March 8th, and Monday, March 13th.
Mr. McCash stated that the Old Dublin Revitalization Task Force meeting on the 16th is
set for 6:30 p.m.
...--.
Mayor Kranstuber moved to adjourn to executive session for personnel matters.
Ms. Chinnici-Zuercher seconded the motion.
Vote on the motion - Mr. Reiner, yes; Mrs. Boring, yes; Mr. McCash, yes; Mr. Peterson,
yes; Mayor Kranstuber, yes; Ms. Chinnici-Zuercher, yes.
Mayor Kranstuber adjourned the meeting to executive session at 10:20 p.m. and
announced that the meeting will not be reconvened following the session.
$~~~
~~~
Clerk of Council
,.-..
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