HomeMy WebLinkAbout09/08/1998 RECORD OF PROCEEDINGS
Minutes of Meeting
, , , u . , „ , ,._v, ~„_M
uli~ in ity ~ouricil Meeting~~f~_w. v.., , ,,.~,,,,er,~age 1
DAYTON LEGAL BL4NK 00.. FORM NO. 10148
Held ~p„tamhar R 1 QqR 19
Mayor Kranstuber called the September 8, 1998 Council Meeting to order at 7:00 p.m.
Mr. Reiner led the Pledge of Allegiance.
Roll Call
Council members present were: Mayor Kranstuber, Vice Mayor Boring, Mr. Adamek,
Mr. McCash, Mr. Peterson, Ms. Hide Pittaluga, and Mr. Reiner.
Staff members present were: Mr. Hansley, Mr. Helwig, Mr. Smith, Mr. McDaniel, Ms.
Grigsby, Chief Geis, Mr. Harding, Ms. Clarke, Ms. Puskarcik, Ms. Bearden, Mr.
Husenitza, Ms. Crandall, Mr. Lenz, Mr. Petty, Mr. Hahn and Ms. Heal.
Annroval of Minutes of Meeting of July 20, 1998
Mayor Kranstuber moved approval of the minutes.
Ms. Hide Pittaluga seconded the motion.
Vote on the motion - Mr. Adamek, yes; Ms. Hide Pittaluga, yes; Mr. McCash, yes; Mrs.
Boring, yes; Mr. Reiner, yes; Mr. Peterson, yes; Mayor Kranstuber, yes.
Annroval of Minutes of Meeting of August 10, 1998
Mr. Adamek noted a correction to the minutes on page 7, where Mr. Hansley stated that
the property is located just past the entrance of the Justice Center -this should be the Rec
Center.
Mr. Reiner noted a typo on page 12 of the word "he".
Mayor Kranstuber moved approval of the minutes with these corrections.
Mr. Adamek seconded the motion.
Vote on the motion - Mr. McCash, yes; Mr. Peterson, yes; Ms. Hide Pittaluga, yes;
Mayor Kranstuber, yes; Mrs. Boring, yes; Mr. Adamek, yes; Mr. Reiner, yes.
,
Correspondence
The Clerk reported that a notice to legislative authority has been forwarded to Council
regarding a DS liquor permit for CH, Inc at 6796 Perimeter Loop Road for Cafe China.
Mr. Gordon, representing the applicant is present to respond to any questions.
There was no objection from Council to the issuance of this permit.
Snecial Presentations
Don Piunno of the Dublin Kiwanis presented a check to the City of Dublin to fund a new
police dog to replace Nando, who is retiring.
Chief Geis thanked the Dublin Kiwanis for their support of the Division of Police over
the years.
The Dublin Kiwanis also presented Nando with several gifts in honor of his retirement
from the Division.
Mayor Kranstuber noted that, unless there is an objection from Council, he plans to
modify the agenda so that the discussion related to the bait store takes place at
approximately 9 p.m. There are a number of citizens who plan to testify on that matter.
Mayor Kranstuber asked Mr. Smith to provide an update on the Shawan Falls land
acquisition issue in view of the number of residents signed up to speak on this topic under
"Comments from Visitors".
Mr. Smith reported that he has received a phone call and a letter from Dr. Scarborough
indicating that he does not plan to move forward with development of the site adjacent to
the falls. He has made arrangements to continue his practice elsewhere in Dublin, and
therefore, the urgency of the land acquisition matter has somewhat diminished.
Comments from Visitors
T_arrv Frimerman, 63 S. Riverview Street stated that he urged Council 5 years ago to
acquire all of the parcels on the west bank of Indian Run Falls. At that time, Council
passed legislation directing staff to pursue negotiations to acquire and/or preserve the
falls. About 16 months ago, Council purchased the parcel that includes the upper falls
and the areas to the west of that. Council now has the opportunity to purchase the
property which includes the lower falls. He suggested that the City provide a tax benefit
to Dr. Scarborough to incentivize the sale, or persuade him to donate some of the land,
RECORD OF PROCEEDINGS
Minutes of Meeting m ~.e..
~ _a.w_ e,.
Du~hri~~Cify CouricillC%Teefmg _....e., ~~.F„ Page 2 _ ~ z
DAYTON LEGAL BL4NK CO.. FORM NO. 10148
Held SeRternber 8, 1 ~~8 19
with the City purchasing the remainder. He understands that money is in reserve for the
purchase of the second gas station site which will now not be necessary. The ARB and
the Old Dublin Association have both urged acquisition of the site at Indian Run Falls. In
a separate matter, the ARB and ODA have also urged Council to purchase the land on the
east side of N. Riverview Street which is currently on the market.
Kathie Gardner, 5 9 radon o ~ stated that sometime ago, a citizen group worked to
obtain signatures on a petition to purchase the falls and Council responded by doing the
right thing at that time. The City now has the opportunity to purchase the remainder of
the land to preserve the falls. She urged Council to take this action.
Wallace Maurer, 7451 Dublin Road asked for the final costs of the bike path tunnel under
Emerald Parkway at Dublin Road. He has heard rumors that the figure is approximately
$600,000.
Mr. Helwig responded that he doesn't have these figures tonight, but will provide them to
Mr. Maurer. The cost of the tunnel at Brandonway is approximately $458,000.
Mr. Maurer asked for the cost of the Memorial Drive tunnel.
Mr. Helwig responded that this project has not been bid to date.
Mr. Maurer asked for a copy of the comments from the Dublin Road bike path meeting
held recently at the Dublin library.
Mr. Helwig will provide those to Mr. Maurer.
Mr. Maurer stated that he believes that the bike path to be built on Dublin Road is "a bad
idea that should go away." He noted that:
1. If the legal enablement for the bikeway is the concept of easement or eminent
` domain, the City needs to understand that eminent domain is to be used for the
clear, comprehensive, compelling, safeguarding or guaranteeing of the
fundamental welfare of the community. In this context, the bikeway or anything
less than that is self serving or frivolous.
2. He does believe that the safety issues and potential for incurring medical bills
from injuries by those who bike along Dublin Road would constitute a grounds
for the use of eminent domain.
3. If the right-of--way is taken by eminent domain, there would be a destruction of
the whole ofrights-of--way.
4. The historic area actually includes some rural properties which are not within the
boundaries of the designated Old Dublin historic area. He has long fought to keep
his Old Dublin rural property in its original state.
Discussion followed about the fact that the Dublin Road bikepath has long been a goal of
City Council which was affirmed by the citizens, and many meetings have taken place
over the years which included discussion about these plans. There has not been any
public outcry against construction of this path. Those who had concerns made an effort
to visit the City offices and view the proposed alignment for the path.
Mr. Maurer stated that he will speak at upcoming meetings regarding this issue due to the
time restrictions on citizen comments.
At this point, Mayor Kranstuber left the meeting for a short time, asking Vice Mayor
,~-.q Boring to preside.
Kat Enn, 63 S. Riverview addressed Council regarding the urgency of the purchase
of the property adjacent to Indian Run Falls. The price of this land will only increase due
to its unique character and location. Plans have been discussed for this parkland,
including a memory tree park similar to that in Schiller Park. Another suggestion has
been for a painting contest to celebrate the falls, which could include sculptures, paintings
or photographs and the funds raised could be used by the Dublin Women's Club to
improve the pathways and steps in the falls area. She then noted that a number of
residents were also in attendance to support this acquisition, but in the interest of time,
they will not be speaking tonight. Those present raised their hands to indicate their
support.
Helen Sedoris, 87 Corbin Mill Driv ,expressed her support of Council's purchase of this
RECORD OF PROCEEDINGS
Minutes of Meeting
Du~i~iri`City Council Meeting ~ ~ Page 3 r.e~.~e...,.~
DAYTON LEGAL BLANK CO., FORM NO. 10148
Held September 8~1QQ8 19
property. She worked with a group a year ago on the signature drive. This is a unique
parcel of property in the city and worthy of preservation.
7eff and Michelle Hay, 6083 Innovation Drive asked about the status of the issue raised
recently regarding the bikepath that runs across their property on Lot 19 of Heather Glen
~ North. City staff was assigned to draft a report with alternatives. He talked with Council
Member Peterson this afternoon, and they are both of the opinion that the assignment was
not carried out completely. The subject bikepath does not run along the property line as it
was originally designed to do, and they are still requesting that City Council either
remove the path or reroute the path.
Mr. Helwig stated that staff visited the site and then mapped it in relation to the
community park facilities that exist in the area and those that are coming on-line soon.
The adjoining property to the rear has been landscaped by the City, and the homeowner is
very pleased with the results. Staff believes this is a very important connector and that
the residents were aware of the existence of the path prior to the purchase of the property.
Staff would like the opportunity to work on landscaping with the property owner to
achieve the same degree of satisfaction with them that has been achieved with the
property owner immediately adjacent to the south.
Mr. Hahn added that since Heather Glen 3 and Heather Glen North are already platted,
there will not be an opportunity to secure further easements. This path serves as an
important connector between these neighborhoods in the absence of any through streets.
Vice Mayor Boring invited anyone present tonight to testify on this matter to come
forward. She noted that Council has received several letters expressing concern about the
potential removal of this path.
There was no further testimony.
Ms. Hide Pittaluga asked if the path could be rerouted to the east or to the undeveloped
field.
Mr. Hahn responded that the land has not been platted and is controlled by someone other
than the City. The existing easement for the bikepath was secured in the platting process.
Ms. Clarke stated that the undeveloped field is currently zoned industrial. Heather Glen
North was zoned industrial prior to the time it was developed.
Mr. Peterson stated that he has been contacted by several residents who share a concern
about park access, and if this is the only viable link, then there is no alternate solution
available.
Ms. Hay stated that their concern is with the aesthetics of the walkway and the
destruction of the property as a whole. The bikepath is installed on the most usable
portion of their yard, separates them from the mature trees on their lot, and reduces the
value of their home.
- Mr. Adamek stated that he visited the site and agrees that there are no viable alternatives.
Weaving the walkway through the mature trees would present a safety issue. He would
advocate mitigating the impact on the property with landscaping.
Vice Mayor Boring stated that the consensus of Council is to leave the bikepath in place
and to direct staff to work with the homeowners on an aesthetically pleasing landscaping
plan around the path.
Robert T,avman, 5868 Post Road stated that he represents the residents of Post Road who
are concerned with traffic speeds on Post Road. They are grateful that Council directed
staff to eliminate the left turn lane from Avery onto Post Road, and are hopeful that staff
is accountable to Council regarding the effectiveness of this change. Traffic on Post Road
typically travels at speeds of 45 to 55 mph, presenting serious dangers to the residents
and to animals. They have not received much response from the Police division
RECORD OF PROCEEDINGS
Minutes of Meeting
_ ~.vee~a ~e..~, d~.e. ..~~.e,.
Du~En City Council Meeting""... 6~... Page ~ _,,._.e~
DAYTON LEGAL BLANK CO., FORM NO. 1014
Held SertPmbe.~8, 1998 19
regarding their complaints. Post Road is a residential area, and they urge Council to
reduce the speed limit to 25 mph, to install speed humps, and to increase the penalty for
those ticketed on Post Road.
Chief Geis responded that Post Road is actually frequented by police officers due to its
location near the Justice Center. Those officers travel with radar in their patrol cars and
use it routinely while cruising.
Mr. Adamek requested that the speed trailers be utilized on Post Road in order to provide
data on the average speeds.
Chief Geis responded that the speed trailers can be used, but there will be a delay as they
are currently being used in the school zones. Staff will schedule the speed trailers for the
Post Road area as soon as they are available.
Mr. McCash commented that the Transportation Task Force had previously
recommended that the speed be reduced to 25 mph.
Mr. Helwig noted that City Council can reduce the speed limit to 25 mph if they choose
to do so. The City Engineer had recommended against this particular reduction.
Mr. Smith noted that he had provided a memo to Council regarding speed limit reduction.
Mr. Hansley added that some residents from Tara Hill have contacted the City with their
concerns about the elimination of the left turn at Avery onto Post as this has drawn more
traffic onto Tara Hill. Reducing the speed limit to 25 mph on Post Road may draw more
traffic to Tara Hill. There is always cause and effect when these kind of changes are
made.
At this point, Mayor Kranstuber returned to the meeting.
Mayor Kranstuber noted that the tickets issued on Post Road are often challenged based
on proving the speed was unreasonable for the conditions, and reducing the speed limits
to 25 mph would bring even more challenges.
" Mr. Adamek moved to refer the Post Road speed reduction to the Public Services
Committee of Council for further consideration.
Mr. McCash seconded the motion.
Vote on the motion - Mr. Peterson, yes; Mayor Kranstuber, yes; Mr. Adamek, yes; Mr.
Reiner, yes; Mrs. Boring, yes; Ms. Hide Pittaluga, yes; Mr. McCash, yes.
Staff Comments
Mr. Helwig reported that:
1. Staff has distributed several memorandums recently regarding the I-270
construction plans and the Southwest Area Plan update. If there are questions
about these, perhaps they could be addressed during the Round Table portion of
the meeting.
2. The AEP David Road substation has now been activated and served as an
important back-up power source during a recent outage experienced in the City.
3. Staff met with AEP representatives on Thursday regarding Council's desire to
move up the acquisition as well as the design of Emerald Parkway over 161/33.
The meeting was very positive. They are revising their estimates and staff will
have more information available regarding costs in about 30 days. A joint design
team was agreed upon, and staff is optimistic about the feasibility of the revised
timetable which calls for moving that project forward into the first year of the
current 5-year CIP, as far as acquisition and design, with construction in the year
_ 2000.
T, I .ATION
SECOND RFADIN /P B I H ARTN - ORDTNANC'F~
Ordinance No. 85-98 - An Ordinance Declaring Certain City Owned Property as
Surplus, Authorizing the City Manager to Dispose of Said Property in Accordance
with the Ohio Revised Code Section 721.15, and Declaring an Emergency.
Mr. Hansley stated that staff recommends adoption.
Vote on the ordinan - Mr. Adamek, yes; Ms. Hide Pittaluga, yes; Mayor Kranstuber,
yes; Mr. McCash, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr. Peterson, yes.
Ordinance No. 86-98 - An Ordinance Vacating a Portion of the Post Road Right-of-
Way.
Mrs. Boring asked for clarification regarding statements in the attached letter about the
RECORD OF PROCEEDINGS
Minutes of Meeting
_ _ ~..a~, ~e._e., dd~hd _ e_ee_e. e. ~e.. , , ...,~en
Diib'liri City Council Meeting ` Page 5 e _..vee.
0A1TON LEGAL BLANK CO., FORM NO. 10148
Held Se~terr~ber 8, 1 Q48 19
City acquiring this land.
Mr. Helwig stated that the statements may have related to the corner at OCLC where the
City had explored land options for the tribute to Mr. Nicklaus. OCLC owns two homes at
this location, and the City now becomes the owner of the corner with the intent of
greening up that area.
Mrs. Boring asked if the City is being reimbursed for all legal fees.
Mr. Smith stated that this is correct.
Mr. Adamek asked for clarification that item 4 in the memorandum is not a condition of
this vacation.
Mr. Helwig confirmed that item 4 has been completed.
Vote on the ordinance - Ms. Hide Pittaluga, yes; Mr. Peterson, yes; Mr. McCash, yes; Mr.
Reiner, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. Adamek, yes.
Ordinance No. 88-98 - An Ordinance Amending Portions of the Zoning Code to
Regulate Large Format Retail Development in the City of Dublin.
Mrs. Boring noted that this ordinance was introduced at the August 10 Council meeting
and held over for public hearing, but it should have been referred to Planning & Zoning
Commission.
Mrs. Boring moved to refer this ordinance to the Planning and Zoning Commission.
Mr. Reiner seconded the motion.
Vote on the motion -Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. Adamek, yes; Ms.
Hide Pittaluga, yes; Mr. Reiner, yes; Mr. McCash, yes; Mr. Peterson, yes.
Ordinance No. 89-98 - An Ordinance to Appropriate a Fee Simple Interest from the
Thomas Family Limited Partnership, Consisting of 6.6832 Acres, More or Less,
Located on the North Side of I-270 and the East Side of Scioto River, in the City of
Dublin, County of Franklin, State of Ohio.
Vote on the ordinance - Mr. Reiner, yes; Mrs. Boring, yes; Mr. Adamek, yes; Ms. Hide
Pittaluga, yes; Mayor Kranstuber, yes; Mr. Peterson, yes; Mr. McCash, yes.
Ordinance No. 90-98 - An Ordinance Declaring the Procurement of a Colorado
Timing System as a "Single Source" Procurement and Waiving Competitive
Bidding Requirements.
Mr. Hansley stated that this is designated as a single source item because it ties into the
conduit already installed in the pool. Staff is recommending adoption at this time.
Vote on the ordinance - Mr. McCash, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr.
Adamek, yes; Mr. Peterson, yes; Ms. Hide Pittaluga, yes; Mayor Kranstuber, yes.
Ordinance No. 93-98(Amended) - An Ordinance Amending the Annual
Appropriations for the Fiscal Year Ending December 31, 1998.
Mr. Hansley stated that Ms. Grigsby is present to respond to any questions.
Ms. Grigsby commented that this ordinance was amended at the last reading to reduce the
appropriations by $20,000. In Section 3, there are dollars appropriated from the sewer
fund and that section has been duplicated in the next appropriation ordinance. She asked
that Section 3 be deleted from this ordinance as a correction.
Vote on the ordinance - Ms. Hide Pittaluga, yes; Mr. McCash, yes; Mr. Adamek, yes;
Mayor Kranstuber, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mr. Peterson, yes.
Ordinance No. 95-98 - An Ordinance Accepting the Lowest and Best Bid for Dump
Truck Bodies, Snow Removal Equipment and Other Associated Equipment.
Mr. Hansley stated there was a detailed memo in Council's packet and Mr. McDaniel is
present to respond to any questions.
Vote on the ordinance -Mayor Kranstuber, yes; Mr. McCash, yes; Mr. Reiner, yes; Ms.
Hide Pittaluga, yes; Mr. Peterson, yes; Mr. Adamek, yes; Mrs. Boring, yes.
Ordinance No. 96-98 - An Ordinance Providing for the Issuance and Sale of Bonds
in the Maximum Principal Amount of $9,450,000 for the Purpose of Paying Costs of
Improving the Vehicular Transportation System in the City by Constructing,
Reconstructing, Extending, Opening, Improving, Widening, Grading, Draining,
RECORD OF PROCEEDINGS
Minutes of Meeting
e~.,..
~~~~"~T~uT~Iiri~~Cify Coizncil~%Ieelirig. e~.. page 6.,.....,_~.e......_
DAYTON LEGAL BLANK CO.. FORM NO. 10148
Held SeTtember 8, 1998 19
Curbing and Changing the Lines of Municipal Roads, Highways, Streets, Bridges,
Sidewalks, Walkways, Bikeways and Viaducts, Acquiring Real Estate and Interest
in Real Estate Therefor, and Providing Lighting Systems and All Other Necessary
Appurtenances, and Declaring an Emergency.
Mr. Hansley stated that Ms. Grigsby has provided a memo in the packets regarding the
various bond ordinances scheduled for reading tonight.
Ms. Grigsby commented that Ordinances 96-98, 97-98, and 98-98 relate to new projects -
96-98 to Emerald Parkway Phase I and II for which the City currently has notes
outstanding; 97-98 is for the Scioto bridge; and 98-98 is for the Rec Center expansion.
Mayor Kranstuber moved to treat this as emergency legislation.
Ms. Hide Pittaluga seconded the motion.
Vote on the motion - Mr. McCash, yes; Ms. Hide Pittaluga, yes; Mr. Adamek, yes; Mr.
Reiner, yes; Mayor Kranstuber, yes; Mrs. Boring, yes; Mr. Peterson, yes.
Vote on the ordinance - Mr. Reiner, yes; Mayor Kranstuber, yes; Mrs. Boring, yes; Mr.
McCash, yes; Ms. Hide Pittaluga, yes; Mr. Adamek, yes; Mr. Peterson, yes.
Ordinance No. 97-98 - An Ordinance Providing for the Issuance and Sale of Bonds
in the Maximum Principal Amount of $7,615,000 for the Purpose of Paying Costs of
Improving the Vehicular Transportation System in the City by Constructing,
Reconstructing, Extending, Opening, Improving, Widening, Grading, Draining,
Curbing and Changing the Lines of Municipal Roads, Highways, Streets, Bridges,
Sidewalks, Walkways, Bikeways and Viaducts, Acquiring Real Estate and Interest
in Real Estate Therefor, and Providing Lighting Systems and All Other Necessary
Appurtenances, and Declaring an Emergency.
Mayor Kranstuber moved to treat this as emergency legislation.
Mr. Adamek seconded the motion.
Vote on the motion - Mr. Adamek, yes; Mr. Reiner, yes; Mr. McCash, yes; Mr. Peterson,
yes; Ms. Hide Pittaluga, yes; Mrs. Boring, yes; Mayor Kranstuber, yes.
Vote on the ordin nce - Mr. Peterson, yes; Mr. Reiner, yes; Mr. Adamek, yes; Mayor
Kranstuber, yes; Mrs. Boring, yes; Ms. Hide Pittaluga, yes; Mr. McCash, yes.
Ordinance No. 98-98 - An Ordinance Providing for the Issuance and Sale of Bonds
in the Maximum Principal Amount of $4,000,000 for the Purpose of Paying Costs of
Constructing, Furnishing and Equipping aMulti-Purpose Community and
Recreational Center and Improving the Site Thereof, and Declaring an Emergency.
Mrs. Boring moved to treat this as emergency legislation.
Mr. Adamek seconded the motion.
Vote on the motion -Mrs. Boring, yes; Mr. McCash, yes; Mr. Reiner, yes; Mayor
Kranstuber, yes; Mr. Peterson, yes; Mr. Adamek, yes; Ms. Hide Pittaluga, yes.
Vote on the ordinance - Mr. Peterson, yes; Mayor Kranstuber, yes; Mr. Reiner, yes; Mr.
Adamek, yes; Mr. McCash, yes; Mrs. Boring, yes; Ms. Hide Pittaluga, yes.
Diccucsion re Finkes Proper y at Hard Road/ fiver fide Drive (Bait Storel
Mayor Kranstuber asked those present to testify on this issue to come forward.
Mr. Smith provided a brief history of this issue. He clarified that tonight's discussion
does not involve a rezoning application or variance application, but is a follow up to
discussion held at Council's goal setting on this general topic. Following goal setting,
Mr. Hansley directed him to work with the Planning staff to identify any possible
violations existing on the site. In July, a memo was prepared for Council on the zoning
violations identified. He and Mr. Hansley then discussed resolution of these issues with
Ms. Finkes and her counsel, Mr. Rinehart. A proposal from Ms. Finkes has been
submitted to staff regarding development of the site. This proposal has not been agreed
to by the City. Staff is seeking further direction from Council on how they would like to
proceed in view of the fact that the composition of Council has changed. The
appropriation case involving the corner property has now been settled. There was a
zoning application filed by Ms. Finkes last year which was withdrawn following a
negative recommendation from Planning & Zoning Commission.
RECORD OF PROCEEDINGS
Minutes of Meeting
e~.~ d,_~,, _e ~ ~ ae,.e, ~ ..e..,,ti.,_,,,,,,,,,,.~~.
w ...~.,,Du~im City ~ouricil~~eeting v, ,page~~
DAYTON LEGAL BLANK CO., FORM NO. 10148
Held SPnt~her 8, 19A8 19
Dana Rinehart, co m el for M . i kes stated he has enjoyed a good working relationship
with Mr. Hansley and Mr. Smith on this matter. The proposal before Council has been
the product of many hours of negotiation about this long standing issue. He submitted a
packet to each Council member containing 1,500 signatures on petitions in support of Ms.
Finkes' efforts to rehabilitate her business operation. Also included are SO letters of
support. Many are neighbors, many are members of the East Dublin Civic Association,
and there are also letters from students and teachers at Dublin Scioto High School.
In summary, there are some alleged code violations on the site. Ms. Finkes has been
advised by her counsel that she should not rehabilitate the existing buildings on her site,
but rather should completely redevelop the site. The business has been in operation since
1940 and the site consists of 15 acres, mostly wooded. The business which includes bait
sales, gasoline sales, used car sales, automotive and boat repairs and truck rentals was
acquired by the Finkes family in 1952, prior to Franklin County having a zoning code. In
1973, 21 years after acquisition, Dublin annexed this land and zoned it R-1 residential.
At that time, the business included gasoline sales, diesel fuel, propane, boating equipment
and licenses for boating, food and beverages for consumption both on and off the
premises, a convenience store, boat repairs, archery range, camp sites, truck and trailer
rentals, boat storage, RV storage, towing services for the community, equipment storage,
plus a single family dwelling unit on the site. For five decades, the family has operated
this business. They have no plans to ever sell this land. Ms. Finkes has struggled to
upgrade and modernize the business. Much progress has been made in the past four
months. She is prepared to demolish the current structures and build new ones, and for
this reason she has not repainted the existing structures. The lot was paved to reduce the
dust on Riverside Drive.
~V
The proposed development drawings comply with City Code and include the following:
' 1. A setback of 200 feet from the road;
2. The development will conform to the City's requirements regarding color,
lighting, signage, landscaping;
3. The rental trucks will be relocated into the woods to reduce their visibility, and
they will be slotted into 26 numbered parking spots;
4. Gasoline sales will be limited to 4 islands;
5. The pay lakes will be restored and will be connected with waterfalls;
6. Ms. Finkes has agreed to limit the uses -there will be no RV storage, no food
consumption on the premises, no towing services, no firewood production, no
firearm sales, no public campgrounds except for scouting groups which currently
use the grounds, and no heavy truck or auto repairs;
7. The light maintenance will be done inside a light maintenance building on the
site;
8. The existing archery range will be screened;
9. The seasonal sales will conform with seasonal sales law in Dublin;
10. This package represents a $2 million investment by the Finkes family;
11. They will dedicate up to 5 acres to the new high school for use as a nature
preserve;
Mr. Rinehart then introduced Randall Woodings, architect, who showed renderings of the
site plan.
Randall Wooding~, Georg Kon ogiannis & Associates, 400 S. Fifth Street, stated that
they have reworked these plans several times, most recently reducing the canopy over the
gas islands from 42 feet to 24 feet. A 32-foot walkway from the gas station islands to the
buildings was reduced to 16 feet. The building itself will have a setback of 200 feet from
the curb line. The green space from the curb to the first parking area has been increased
to 100 feet from the previous 50 to 70 feet. The parking on the site has been reduced.
The 26 storage spaces for the a-haul operation will be completely screened by mounding
and additional plantings and they are tucked into the woods. The maintenance building
was moved back, and the ponds will be completely redone as shown on the rendering.
There are no-build areas shown directly behind the pond and the building, and 5 acres
will be dedicated to the high school. The square footage of the proposed building itself
has remained the same for the past 2-3 years.
RECORD OF PROCEEDINGS
Minutes of Meeting
~ ~...........e a. ...,w. . ee.W
fSubliri~Ciry Courici eetmg age.
DAYTON LEGAL BLANK CO., FORM NO. 10148
Held ~pntamhar R 1 q4R 19
Ms. Hide Pittaluga asked for confirmation of the square footage.
Mr. Woodings responded that the square footage for the building is 5,000 square feet.
The residence or apartment square footage is approximately 1,495 for a total of 6,427
square feet.
Tony Amorose, 7623 Riverside Drive stated that he was born in Dublin and has lived
across the street from the bait store since 1976. His concern with the bait store is its
current appearance with all the u-haul trucks, the motor coaches, the school buses stored
up in the woods, the pontoon boats, etc. He visualizes the bait store becoming a large
super store and shifting from bait sales to gasoline and truck rental, u-haul rentals and
everything else. The fishing lakes and big fish have drained down on his property during
every storm. He is afraid that this is headed in the wrong direction and will become a
super store.
Paul Martin, 25 South Terrace Ave, Columbus Ohio stated that the intention is to keep
this as a bait store, selling bait and renting u-hauls. As for all the storage and the ponds
which drain onto Mr. Amorose's property, this is due to the fact that Dublin removed the
drainage for Riverside Drive. They also want to move the building back from the road
for safety reasons. They are simply trying to re-build and would appreciate it if Council
would let them do so.
Glen Winegardner, 7588 Riverside Drive stated that he is a Dublin resident who has
patronized the bait store since he was young. This is a traditional family business and
they have helped the community in many ways -rescuing people out of the ditch in bad
weather, moving a broken down trailer. These people want to continue to help the
R community. The bait store sponsors fishing seminars so that young and old can learn the
sport. In addition, this is the only location in this corridor where a stranded motorist can
A obtain assistance when a car breaks down. There is a demand for a good service station
in that area, a place where commuters can buy fuel safely. He added that a good drainage
system was in place for the ponds, but with the reconstruction of Riverside Drive, the
system in place cannot handle the flow. They are ready to
completely update that system to make it workable.
Sohn Ferrara, 7653 Tamarisk Court stated that he is present to ask that Council reaffirm a
unanimous vote taken in November by the Planning & Zoning Commission and to also
reaffirm the Community Plan. The community vision in the plan describes the Scioto
River as the City's most prominent feature. This is a land use issue, and previous
Councils committed that the lots along the river would always remain as a protected zone.
Council should reaffirm also what is meant by apre-existing, non-conforming use. The
citizens who signed the petitions in favor of the redevelopment plan were misled.
Planning & Zoning Commission denied this rezoning application because it constituted
"spot zoning" and because it did not conform to the Community Plan. The truck traffic
on the weekends on this site with few curb cuts constitutes a safety hazard. He urged
Council to reaffirm the Community Plan in their action tonight.
Meghan Lee ,student at Dublin Scioto High School stated that Ms. Finkes spoke at her
school today. There have been a number of accidents at this location that have
endangered lives. Ms. Finkes believes she has a right to protect herself, to rehabilitate her
q land and the right to support herself with the bait store. It would benefit Dublin to allow
this rehabilitation.
Fred Ballentine, Columbus resident has been a patron of the bait store for 43 years. His
children and grandchildren also are patrons. The bait store is part of Dublin, and the City
collects taxes from every dollar spent at the bait store. This is awell-established family
and a well established businesses, and there have been few problems with them. He
urged Council to give them a chance.
Toni Margello stated that she lives near W. Case Road. Her family has a long tradition of
purchasing bait at this store. Without the bait shop, there will be no fishing trips to the
Scioto River -something that's been shared by many families in Dublin. It would be
RECORD OF PROCEEDINGS
Minutes of Meeting
, , , ~e~ , _ee_ „ti,,,,,, ,
~Du~~liri~~ ify Council Meeting age
DAYTON LEGAL BLANK GO., FORM NO. 1014
Held ~e~texnber R, 1998 19
very convenient for students to be able to purchase gas at this location close to the school.
She urged Council to give the bait shop a chance.
Bob McKnight stated that he lives 200 yards north of the bait shop on Riverside Drive.
He has resided in the Central Ohio area all his life. He remembers when the bait shop
was a place to buy bait, but that's not the case anymore. Today, it's a big, cluttered
unkempt truck rental operation that also sells bait, beer and crackers. The fishing lakes
are neglected as is everything else on the site, so public fishing is no longer available. In
the four years since he has owned his property, the site has become increasingly
offensive, cluttered and garish. He believes in free enterprise, but that comes with rights
and responsibilities. Ms. Finkes has been given the right to remain on her land and
operate her business as she did before annexation, but she has not operated it in the same
way as she did before annexation. It is a totally different operation. Ms. Finkes states
that she lives on the property, but it is rumored that she does not. The site neither reflects
pride nor love, and her plans appear to be especially motivated by money. What she is
requesting would constitute a violation of the City's master land use plan, would be an
impetus for commercial zoning for the 18 adjacent acres and for other properties along
Hard Road. Riverside Drive is a place for meditation and for communing with nature,
and it's not a place for commercial mega development. On behalf of his neighbors on
Riverside Drive, he urges Council to join the Planning and Zoning Commission of Dublin
in denying her request.
Hans Schlater, Fremont, Ohio stated that he came to this country in 1952 from Germany.
He questioned whether the annexation was voted upon by the residents or property
owners at that time. Did the City decide to rezone without regard to anybody's property?
Is this the land of the free, or are citizens subject to government intervention on the
smallest things? Riverside Drive is a four lane, major traffic artery - not a place to
' commune with nature.
Randy Roth, 6983 Grandee Cliffs is past President of the East Dublin Civic Association.
He has reviewed the annexation petitions down at the courthouse wherein people who
lived in East Dublin, Perry Township petitioned to become part of Dublin, and it was
voted for overwhelmingly by the residents of East Dublin. The property rights of this
applicant have been guaranteed and respected by the Civic Association, and they have
discussed the improvements to the bait store with Ms. Finkes. The City of Dublin has
spent a tremendous amount of money over the years acquiring parkland which has
enhanced the business of the bait store along the river. The City has been a pioneer in
green space donation, in stormwater management and in controlling sedimentation of the
rivers, all of which has enhanced the business base for the bait shop. The civic
association has worked to prevent commercial development near the high school area and
to encourage single family residential development. Tripling the size of the bait store
will encourage commercial development in the nearby area. Another concern is the
maintenance of such an enlarged facility, in view of the poor condition of the existing
buildings. The neighborhood association has worked to come to a compromise, but to
date, the development plan is still at 5,000 square feet with a huge number of gasoline
pumps.
7en_nifer Potts, Dublin resident supports the Finkes family. This is the only place in
Dublin where bait is sold. If Riverside isn't intended to be commercial, what about
Wyandot Lake and the Columbus Zoo? The Dublin Scioto High School students support
the bait shop at this location. More residential development will bring more people and
more chances of accidents. She supports keeping the bait shop with the proposed
improvements to the site.
Mack Parkhill,?
year resident of Riverside Drive and President of the Fa t Dublin ivic
Association stated that Ms. Finkes does have the right to be there. Their intent is not to
put the bait store out of business. For many years, it was a wonderful spot where bait and
soft drinks could be purchased -all from a 1,600 square foot business. The 1988
Community Plan states the development along the river corridor should, "preserve and
maintain the Scioto River area as a landscape feature". The Community Plan adopted by
RECORD OF PROCEEDINGS
Minutes of Meeting
e....... e, ~e, , . , .,w ~.e„ee d..a~ro,,, ~.~e_.e~ve.,eedeve_~ e,.~ e~. .ee_e
,we..... ~Subliri~~`ty~~ouricil l~Ieeting ~ gage 1~CS~~~~~~~
DAYTON LEGAL BLANK CO., FORM NO. 10148
Held September 8~1QQ8 19
this Council identifies the sites as low density, residential home sites between one and
two dwellings per acre. The non-conforming exemption granted to this property has been
in existence for about 25 years. The zoning code permits only the non-conforming uses
which existed when this property and all of the property on the east side were annexed
into the City in 1973. If this expansion request is granted, the protection which exists to
_ maintain the residential dwelling sites will be gone, and that is the biggest concern of the
Association. The proposed building and attached canopy would increase that square
footage from the current 1,600 square feet to well over 6,400 square feet in the enlarged
store alone. The additional 1,450 square foot living area is a part of this, but since it adds
a second level, it will impact the area on a vertical basis as well as horizontal. In
addition, the applicant is requesting permission fora 1,600 square foot maintenance
building.
The applicant is also asking that the u-haul business be made a legitimate and permanent
part of this project. This business has been determined as outlined in the City staff report
of last November to be illegal and not within the permitted non-conforming exemption
granted in 1973. The applicant is asking for 26 parking spaces for a-haul vehicles and
boat storage. There is no way that the applicant can control the number of U-haul
vehicles on the property due to the nature of that operation. The appearance and character
of the property has been severely reduced with the continued presence of these large
trucks and trailers.
When the applicant came before Planning & Zoning Commission last November, she
requested a permanent rezoning. The effect of this proposal which does not constitute a
rezoning would be exactly the same as what was rejected by Planning Commission in
November. The probability of residential builders developing the acreage north and
south on Riverside and up Hard Road is highly unlikely if this is granted.
He noted also that there are 3 gasoline service stations located on 161 near Kroger, and
the three stations together total 4,700 square feet - 1,500 less than this request by one
business owner. The BP station at Bright Road is 2,800 square feet, and there is a Shell
station on Sawmill which is 1,400 square feet.
Ms. Finkes is entitled to 2 gas pumps as existed at a prior time, but she is requesting 4 gas
pumps with 8 hoses, an island and a canopy. He noted that within 2-1/2 miles of the bait
store there are 175 gasoline hoses at other stations.
In terms of signage, she is requesting signage similar to that at the Speedway station at
the corner of 161 and Sawmill - a large operation. She is also asking for aright-in and
right-out turn lane from Hard Road, each of which would have a sign similar to that of the
Speedway station at 161 and Sawmill.
He summarized that their intent is not to shut down the bait store. It is the size of the
proposed buildings that are their concern. The store was rebuilt at 1,600 square feet after
a fire in 1979, but a second story was added at that time. The 2 gas pumps can be
replaced. The a-haul operation, however, totally changed the character and appearance of
~ the neighborhood and should not be allowed to continue. There is no certainty that a
property owner will never sell a property. The East Dublin Civic Association urges
Council to deny the request for this expansion and requests the enforcement of the
existing Code violations.
T.aura Flaherty, teacher at Dublin Scioto High School stated that she is proud that her
students have chosen to participate in their government process. She has taught in the
Dublin district for 5 years, and Ms. Finkes has visited her classes for the past couple of
years during discussions about eminent domain. This week, she was invited to a student
discussion of the concepts of democracy. There are a few pieces of mis-information that
need to be clarified: Ms. Finkes stated that the lakes are not operable because the main
water line was drained with the expansion effort. Secondly, Ms. Finkes does live on the
property -she has visited her home. In terms of the City bringing her the opportunity to
increase her business over the years, a lot of opportunity has been impeded by the
RECORD OF PROCEEDINGS
Minutes of Meeting
_ . .e. _ , deed_ , . e„ _ ee.~..~ _we,.., e,..e,~
e ..a ~...,T~ub~in ~Cify~ Couricil"fi%Ieetmg~". , . age
DAYTON LEGAL BLANK CO.. FORM NO. 10148
Held $entP~~r~R _1Q9$ 19
construction through her site, by the loss of her gas pumps, and by the deliberate delay in
taking care of the problems. Ms. Finkes has not invested monies in repairing the property
since there was uncertainty about its future. She wants to renovate, and she understands
the concerns about the size of the operation. She urged Council to seek a compromise so
that her business can continue to exist. Ms. Finkes is not asking for 8 pumps, but 4. The
signage is to be traditional Dublin signage, not like that of the Speedway station. She
summarized that there are two choices available to Council: Ms. Finkes can stay on her
land and the business can continue to exist as it is or she can be given the opportunity to
invest $1.5 million into renovation. Council should seek a compromise.
Mr. Rinehart thanked everyone for their participation, noting that they are very sensitive
to the matters that were brought up. He is willing to continue to negotiate with staff on
this proposal. However, it is important to realize that residences will never be built on
this 15.7 acres owned by Ms. Finkes. She is setting up her trust to ensure that this does
not happen. The choices for the community are to let it continue to exist as it is or to
allow her to invest her money to have something better.
Mayor Kranstuber asked for clarification from Mr. Parkhill about the residents' desire for
this area.
Mr. Parkhill stated that the residents agree that the bait store has certain rights that were
given to them in 1973. They have been continually discouraged by the run-down
appearance that has been allowed to exist, well before the Hard Road extension was built.
Their desire is that the bait store at 1,600 square feet is in place on the property, with two
gas pumps, with no a-haul operation, and that the bait shop is well maintained. They
want no more than this and no less.
F, ~ Mr. Rinehart stated that the square footage is presently 2,000 square feet. He asked if the
residents would be in favor of moving the store back 100 feet and improving its
appearance, or are they happy with the way it looks now?
Mr. Parkhill responded that no one is pleased with the present condition. The present
footprint was adequate to house a successful business for many years prior to the addition
of the u-haul operation. They would be pleased to have the shop moved back from the
roadway, but they do not want it enlarged. Their concern is that increasing the size of the
bait shop will reduce the likelihood of future residential home development. They do not
believe that the present size of the bait shop is a deterrent to residential development in
the surrounding area.
Mayor Kranstuber asked Mr. Ferrara if he agrees with this position.
Mr. Ferrara stated that his intention is to ensure that both sides of the issue are
represented. He came tonight to hear Council's position on the issue and to exercise his
rights of free speech.
Mayor Kranstuber invited Council members to comment at this time.
Mr. Smith responded that Council has two options: they can direct staff to continue to
work with the applicant or to commence litigation to bring it into conformity with what
was approved as anon-conforming use with the 1973 annexation. That will require
extensive litigation, will require testimony from the area residents, review of records, and
it will be a lengthy process. The basis for the judge's decision will be the records. The
rights were vested in 1973 when the annexation was approved. He added that the records
from 1973 are not of the quality of today.
Mrs. Boring commented that this matter was discussed extensively at goal setting this
year. She has had calls from residents who signed petitions and now wish they had not.
Long-time residents of the area believe this situation is becoming beyond control, and
they are requesting enforcement of the Code. She has concerns with effectively rezoning
this land via an agreement without following the rezoning process which includes review
RECORD OF PROCEEDINGS
Minutes of Meeting
~ . ~.e_.,, ,e..., ~ , e.~,a e
" DubTiri City Coizricil Nleetiig age
DAYTON LEGAL BLANK GO.. FORM NO. 10148
Held Sent, Pmher 199$ 19
by Planning & Zoning Commission. Allowing an expansion in this way will lead to
future problems of a similar nature. She supports moving forward with enforcement as
discussed at goal setting.
,
Mr. Hansley stated that staff believes compromise is certainly an option which is on the
table. Rezoning through the courts could result in losing on some points.
Ms. Hide Pittaluga would like to establish some common ground. The Schottenstein
referendum issue was one of land use and what was appropriate for land use on the east
side in a residential community. This, too, is a land use issue. This Council agrees that
there is no problem with the bait store as it exists and that the bait store operators have
contributed to the community over the years. She agrees that there is a need for some full
service stations in the area. In fact, she objected to the taking of the Union 76 gas station
as it was one of the last full-service gas stations in this City. It is important to take pride
in a business, and not to operate it in a way that provokes litigation. Many residents have
written to her that they object to the use and to the appearance of the business. Council
has the charge to ensure the health, safety and welfare of the residents, and she cannot
support expansion of a use that is not conforming to its allowed existing use.
Mr. Peterson expressed concern that this business has been allowed to deteriorate to its
present state. The neighbors have every right to voice their concerns about the expansion
of this business, and Council has a duty to listen to those concerns. The newspaper
article did not accurately reflect the facts of this case. The City is not attempting to drive
Ms. Finkes out of business. He would like to identify a reasonable middle ground. If
everyone believes that the historical significance of this business is legitimate, why can't
it then be brought up to Code and kept in operation the way it is now? Why do they want
to bulldoze it and build a new bigger operation?
ie
Mr. McCash clarified that the application was rejected at Planning and Zoning
Commission because the expanded use does not conform to the neighborhood. This was
brought into the City in 1973 as anon-conforming use, and he supports its continued
existence at its current size as anon-conforming use. Moving the operation back from
the road would also be acceptable, including two gas pumps and maintaining its current
size.
Mr. Smith asked for a motion. The direction at goal setting was to enforce the Code
violations, and to eliminate the uses that are not allowed under the non-conforming uses
granted in 1973.
Discussion followed.
Mayor Kranstuber moved to direct staff to research and then eliminate the illegal non-
conforming uses and enforce Code violations to the full extent of the law.
Mrs. Boring seconded the motion.
Ms. Hide Pittaluga emphasized that Council's goal is not to drive Ms. Finkes out of
business. They are encouraging her to clean up the present conditions and to abide by
Dublin's codes. Council is forced to take this position because of Ms. Finkes'
unwillingness to maintain her property.
.F
Mr. Reiner agreed with Ms. Hide Pittaluga. He drives by the business every day and it
has degenerated and become an eyesore in one of the most beautiful parts of the entire
riverbank area in Columbus. Dublin supports this business, but he stands with his fellow
Council members on this matter and supports the Community Plan.
Ms. Hide Pittaluga stated that she would like to hear Ms. Finkes' intentions and her
willingness to work toward a compromise.
Ms. Finkes responded that she is not certain sure which expanded uses Ms. Hide Pittaluga
was referring to in her comments.
Ms. Hide Pittaluga stated she is ready to vote at this time.
RECORD OF PROCEEDINGS
Minutes of Meeting
e
, dde~ ,,,a , e d.,~,, e .~ee..,,., _ .
Dublin Cily Council Meeting°"`.....e. e. age
DAYTON LEGAL BLANK CO. FORM NO. 10148
Held SPnt.~~~~, 1998 19
Mr. Smith clarified that he understands the motion to be to direct him to determine which
code violations exist and cite them if they are not cleaned up by a date certain. Secondly,
to determine through research or through litigation if unable to do it by agreement what
the proper non-conforming uses on the site were in 1973, and either enforce and give her
what rights she had then, allow her to maintain those, and enforce any violation of those
rights.
Mayor Kranstuber called the question.
Vote on the motion - Mr. Adamek, yes; Mayor Kranstuber, yes; Ms. Hide Pittaluga, yes;
Mr. Reiner, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mr. McCash, yes.
iNTRODiI('TiON & FIRST FADING -ORDINANCES
Ordinance No. 99-98 An Ordinance Accepting the Lowest and Best Bid for the
Emerald Parkway, Phase 6 -Scioto River Bridge Project.
Mayor Kranstuber introduced the ordinance.
Mr. Helwig stated that staff is very pleased with the low bid of $8,015,988.30 from the
same contractor performing the I-270 widening project. This bid represents a savings of
$1.7 million from the original estimate.
There will be a second reading and public hearing at the September 21 Council meeting.
Ordinance No. 100-98 - An Ordinance Waiving Competitive Bidding Requirements
for the Procurement of Portable Scales, Appropriating Funds, and Declaring an
Emergency.
Mr. Adamek introduced the ordinance.
Mr. Helwig stated staff has prepared this ordinance as instructed at the last meeting. John
Schuler, Manager of Government Affairs and Public Relations with Martin Marietta
Aggregates, owner and operator of the quarry immediately north of the community, is
present tonight to address Council. Staff visited the quarry and met with Mr. Schuler to
view the operations. They have followed the trucks several times a day and have
observed dispersal throughout the community routes. The trucks are in compliance in
terms of weight. The Police division worked with the county to weigh some trucks on
Muirfield Drive, but the data is not back at this time.
Chief Geis noted that the county was very cooperative, and it appears that the trucks were
not overloaded. He will share the data with Council when it is received.
John Schuler, Martin Marietta Aggregates, stated that Dublin is a fast growing area, and
each home built requires about 400 tons of aggregate. The State of Ohio last year
consumed 140,000,000 tons of sand, gravel and stone. Building Emerald Parkway
required approximately 40,000 tons of aggregate. The trucks are within legal weight
limits when they leave their facility. A growing community will experience a lot of truck
traffic. Transporting aggregate by truck is the most economical way to do so, and is the
most convenient way to transport it. He offered to answer any questions about the
dispersement of trucks.
Mr. Reiner stated that his neighborhood generates many complaints about truck traffic.
He asked how the trucks are dispersed at this time.
Mr. Schuller responded that drivers leaving the quarry are not instructed about how to
reach their destination. He does not believe that buying scales will address the concerns
of trucks traveling through the community.
Mr. Hansley stated that staff followed some of the trucks, and they take the easiest route
to get to I-270 -Riverside to Hard Road, or Dublin Road, or Muirfield Drive, whichever
is the shortest route to their destination. The entire Central Ohio area is experiencing
tremendous development and growth at this time, generating lots of truck traffic.
Staff is not necessarily recommending the adoption of this ordinance, because they don't
believe that buying scales will reduce the volume of trucks.
Mr. Schuller stated that they would like to work with the City as much as possible. These
trucks, however, are all owner operated and not owned by Martin Marietta.
RECORD OF PROCEEDINGS
Minutes of Meeting
....w. a, .e._ .e~,..~ ~.a.~, . e.~.,,~ , eee,, ...,,.ee,
"~~DuliTin~ty CounciT~lVIeefirig"" _e.~, Page"T
DAYTON LEGAL BLANK CO.. FORM NO. 10148
Held ~eptPmh?r Rr149$ 19
Mayor Kranstuber suggested that the company provide training for the drivers regarding
speed and safety issues raised by the residents.
Mr. Schuller stated that they will advise the drivers to stay within the legal speed limits.
r Ms. Hide Pittaluga asked if it is necessary to purchase two scales.
Mr. Hansley responded that two scales would be necessary to effectively enforce the
limits on the various routes in the City.
Mayor Kranstuber commented that the vote on the motion to draft the ordinance was a
split vote, and he has changed his viewpoint based on tonight's discussion. Since most
trucks are within load limits, he is not certain that this is an effective means to address the
issues.
There will be a second reading and public hearing at the September 21 Council meeting.
Ordinance No. 101-98 - An Ordinance Providing for the Issuance and Sale of Bonds
in the Maximum Principal Amount of $1,020,000 for the Purpose of Paying Costs of
Providing Additional Facilities at the Coffman Park Municipal Complex for the
Conduct of Municipal Government Operations by Constructing, Furnishing and
Equipping a New Police Facility, and Acquiring Real Estate and Interests in Real
Estate and Making Site Improvements Thereon, and Declaring an Emergency.
Mayor Kranstuber introduced the ordinance.
Ms. Grigsby stated that this title maybe somewhat confusing, but the same title must be
used as was used for the voted bond authority. This allows for the purchase of the radio
system improvements contained in this year's CIP. Consideration was given to leasing
the equipment over 5 years, but it was determined to be more economical to proceed in
this manner. Staff is requesting emergency action tonight.
Mrs. Boring asked if there would be a benefit to leasing in terms of maintenance and
warranties.
Ms. Grigsby responded that the purchase will also include a maintenance agreement.
Mayor Kranstuber moved to treat this as emergency legislation.
Mr. Peterson seconded the motion.
Vote on the motion - Mr. Reiner, yes; Mr. Adamek, yes; Ms. Hide Pittaluga, yes; Mrs.
Boring, yes; Mayor Kranstuber, yes; Mr. McCash, yes; Mr. Peterson, yes.
Vote on the ordinance -Mrs. Boring, yes; Mr. Adamek, yes; Mr. Reiner, yes; Mr.
McCash, yes; Mr. Peterson, yes; Mayor Kranstuber, yes; Ms. Hide Pittaluga, yes.
Ordinance No. 102-98 - An Ordinance Amending Chapter 91 §91.27 of the City of
Dublin Codified Ordinances.
Mr. Adamek introduced the ordinance.
Mr. McDaniel stated this is a housecleaning measure to strengthen provisions of the City
code related to immunization of domestic animals against rabies. Staff is also working on
brochures for distribution to residents.
There will be a second reading and public hearing at the September 21 Council meeting.
Ordinance No. 103-98 - An Ordinance Authorizing the City Manager to Enter into
,
An Agreement for the Location of a Wireless Telecommunications Structure.
Mrs. Boring introduced the ordinance.
Mr. Hansley stated there was detailed information in the packet, and Mr. McDaniel is
present to provide background.
Mr. McDaniel stated that this has been an ongoing process with SprintCom for over a
year. Prior to that, Ameritech approached the City and wanted to locate a similar
structure in Scioto Park, but at that time, staff did not believe this was the best site.
Ameritech has since co-located with AirTouch Cellular on the existing tower adjacent to
the veterinary clinic in the township area. The City was then approached by SprintCom
about locating a tower in Scioto Park. This site has proven to be the best location to meet
the service needs for the river corridor. This corridor has had problems with transmission
RECORD OF PROCEEDINGS
Minutes of _ , Meeting.. _.ee,...., ,
.wn,.. ,....ed, . ~~e .de,.~
~~~~~~Dulilin"City Council Meeting Page~15
DAYTON LEGAL BLANK CO.. FORM NO. 1014
Held 4PntPmhPr R 1QQ$ 19
for cellular equipment and for radios. The structure as proposed resembles a pine tree
and it will be the first of its kind in Ohio. The lease agreement authorizes the City
Manager to enter into an agreement with SprintCom similar to the agreement approved
for the facility at Avery Park. Jan Murphy, the City's consultant, is present to respond to
any questions.
Mr. Reiner asked about the durability of this tree-like structure.
Ms. Murnhv responded that the design was done in Disney World and the structures are
used throughout Disney World. The lease document addresses maintenance which will
be done by SprintCom. The "trees" are made of fiberglass which is very durable.
Ms. Hide Pittaluga stated that she met with Ms. Murphy and Mr. McDaniel and agrees
that this is a sensible and aesthetically pleasing solution.
Mrs. Boring asked about access to the site.
Ms. Murphy stated that asub-road will be built to facilitate construction, but following
construction, the road will be removed and it will be re-sodded. There will be no road
access after construction.
Mrs. Boring added that the neighbors have viewed the proposal and are aware of the
plans for the project.
Ordinance No. 104-98 - An Ordinance Providing for the Issuance and Sale of Bonds
in the Maximum Principal Amount of $2,600,000 for the Purpose of Paying Costs of
Providing Additional Facilities at the Coffman Park Municipal Complex for the
Conduct of Municipal Government Operations by Constructing, Furnishing and
Equipping a New Police Facility, and Acquiring Real Estate and Interests in Real
Estate and Making Site Improvements Thereon by Refunding Outstanding Bonds of
the City Issued for Those Purposes and Authorizing an Escrow Agreement for that
Refunding, and Declaring an Emergency.
Mayor Kranstuber introduced the ordinance.
Ms. Grigsby stated this is the first of three refinancings. This is for the 1992 Justice
Center bond issue. An updated, redlined version was distributed tonight to Council
which includes language about the refunding. Staff is requesting emergency action on the
three refinancing ordinances tonight.
Mayor Kranstuber moved to treat this as emergency legislation and to dispense with the
public hearing.
Mr. Reiner seconded the motion.
Vote on the motion - Mr. Adamek, yes; Mr. McCash, yes; Ms. Hide Pittaluga, yes; Mrs.
Boring, yes; Mr. Peterson, yes; Mr. Reiner, yes; Mayor Kranstuber, yes.
Vote on the ordinance - Ms. Hide Pittaluga, yes; Mr. Peterson, yes; Mr. Reiner, yes; Mr.
Adamek, yes; Mayor Kranstuber, yes; Mr. McCash, yes; Mrs. Boring, yes.
Ordinance No. 105-98 - An Ordinance Directing the Law Director of the City of
Dublin to Petition the County Commissioners of Franklin County, Ohio for
~ Annexation of Approximately 44.603 Acres of Land to the City of Dublin.
Mr. Reiner introduced the ordinance.
Mr. Smith stated this is the parkland area adjacent to the land purchased for the stadium.
M. M
Mr. Hansley stated that the documents refer to the parkland as "Cosgray Park" instead of
its official name, "Darree Fields".
There will be a second reading and public hearing at the September 21 Council meeting.
Ordinance No. 106-98 - An Ordinance to Accept the Lowest/Best Bid for the 1998
Landscape Projects for Coffman Road, and Declaring an Emergency.
Mr. Reiner introduced the ordinance.
Mr. Helwig stated that this project completes the Coffman Road widening improvement
project. Staff is recommending the lowest bid and emergency action so that the work
can be completed this fall.
RECORD OF PROCEEDINGS
Minutes of Meeting
„ ,.,_.m~ d„~ e„y, .,,z.,,. „ .~._~e, .eeee
Dublin City Council Meeting Page 16
DAYTON LEGAL BLANK CO.. FORM NO. 10148
Held S~Pt hPr R i g4Q 19
In response to Mrs. Boring, Mr. Helwig stated the entry features and the spacing of trees
is consistent with Council's previous direction.
-a Tr g Melcher, landscape architect with Burkhart & Associates stated that the Emerald
Parkway/Coffman Road area is more residential in tone. This area will contain the same
characteristics of stonewall features and median plantings as the other portions of
Emerald Parkway.
Mrs. Boring suggested that the contractor be cautious of the sprinkler systems which exist
at the gateway areas to the neighborhoods.
Mrs. Boring asked if the future safety considerations have been reviewed in regard to
planting trees in the median.
Mr. Hansley stated that there are cases where the City has had to remove trees because of
site distance problems, so hopefully, the design on this project takes that into account.
Mr. Reiner noted that he had previously spoken to the landscape firm about the sugar
maple trees to be installed to follow the arch of the road. He also noted that the cadence
on the rendering is not correct. He agreed to work with staff on the details of the layout.
He added that he wants to ensure that the trees are all Ohio grown or of Ohio's hardiness
zone or above, and that all are primary grade quality trees with tags indicating this.
Mayor Kranstuber moved to treat this as emergency legislation and to dispense with the
public hearing.
Ms. Hide Pittaluga seconded the motion.
Vote on the motion - Ms. Boring, yes; Mr. Peterson, yes; Mr. Reiner, yes; Ms. Hide
Pittaluga, yes; Mr. McCash, yes; Mayor Kranstuber, yes; Mr. Adamek, yes.
Vote on the ordinance - Mr. McCash, yes; Mr. Adamek, yes; Mayor Kranstuber, yes; Ms.
Hide Pittaluga, yes; Mr. Peterson, yes; Mr. Reiner, yes; Mrs. Boring, yes.
Ordinance No. 107- 98 - An Ordinance Amending the Annual Appropriations for
the Fiscal Year Ending December 31,1998.
Mayor Kranstuber introduced the ordinance.
Ms. Grigsby noted that Section 2 reflects a project change from the 1999 operating
budget CIP to the 1998 operating budget. Another significant change is in Section 7
which relates to medical claims. The City has experienced high claims rates this year,
and additional dollars are needed for the self-insurance fund.
Mr. McCash questioned the amount of additional appropriations for outside plan review
services in view of the additional full-time staff plan reviewer. At the time of the budget
review, it was anticipated that $50,000 would be adequate.
Ms. Grigsby stated that the original appropriation was $5,000, but staff subsequently
requested an additional $50,000 and is now requesting $50,000 more. Part of it relates to
the commercial activity level this year.
Mr. Helwig stated that the dollar volume of commercial construction has increased by
one third already this year over all of 1997. An additional plans examiner was hired in
February, but the workload has exceeded the expectations.
Mr. McCash stated that he believes the City is paying too much for outside plan review
based upon his knowledge of what other cities pay for these services.
Mr. Hansley emphasized that there is no other city in Franklin County other than
Columbus which has the volume of residential and commercial construction that Dublin
experienced recently.
Mr. McCash stated that he would like to review the cost of the services per plan review.
The current market rate for these services is $60 per hour for contracted services.
Ms. Hide Pittaluga suggested staff provide a memo on this.
Ms. Grigsby stated that staff is requesting that Council waive the public hearing and vote
on this legislation tonight.
Mrs. Boring asked if delaying this two weeks would cause any problem.
Mr. Hansley stated that this ordinance appropriates funds to finish the Coffinan Park
shelter house plaza. Perhaps it could be considered by Council tonight, subject to staff
providing further information on the plan review services.
RECORD OF PROCEEDINGS
Minutes of Y. ~ . e_. , _ a..~. Meeting....._._~
,....,...d~,,..,e w d,~.,. ..e.,_.
Dublin City Couicil lVleefing Page 17
DAYTON LEGAL BLANK CO., FORM NO. 1014
Held CantamhPr R 1 qq$ 19
Mr. Hansley asked for clarification of the information which Mr. McCash is seeking.
Mr. McCash responded that he wants information about the number of hours billed per
plan review. If the City contracts on an hourly basis, perhaps the plan review is taking an
. inordinate amount of time, and maybe this should be billed on a per plan review basis
instead of per hour.
Y Mr. Hansley confirmed that staff will provide Mr. McCash with that information.
Mayor Kranstuber moved to dispense with the public hearing.
Mr. Reiner seconded the motion.
Vote on the motion - Ms. Hide Pittaluga, yes; Mr. Peterson, yes; Mr. Adamek, yes; Mrs.
Boring, yes; Mayor Kranstuber, yes; Mr. Reiner, yes; Mr. McCash, yes.
Vote on the ordinance - Mr. Adamek, yes; Mr. Reiner, yes; Mr. McCash, yes; Mayor
Kranstuber, yes; Mrs. Boring, yes; Mr. Peterson, yes; Ms. Hide Pittaluga, yes.
After consultation with the Law Director, Mayor Kranstuber announced that the next two
ordinances will considered together.
Ordinance 108-98 - An Ordinance Providing for the Issuance and Sale of Bonds in
the Maximum Principal Amount of $2,050,000 for the Purpose of Paying Costs of
Providing Additional Facilities at the Coffman Park Municipal Complex for the
Conduct of Municipal Government Operations by Constructing, Furnishing and
Equipping a New Police Facility, and Acquiring Real Estate and Interests in Real
Estate and Making Site Improvements; Paying Costs of Improving the Vehicular
Transportation System in 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
R Viaducts, Acquiring Real Estate and Interests in Real Estate Therefor, and
Providing Lighting Systems and all Other Necessary Appurtenances; and Paying
~ Costs of Acquiring Real Estate and Interests Therein for Parks and Recreational
Purposes by Refunding Outstanding Bonds of the City Issued for Those Purposes
and Authorizing an Escrow Agreement for That Refunding, and Declaring an
Emergency.
Ordinance 109-98 - An Ordinance Providing for the Issuance and Sale of Bonds in
the Maximum Principal Amount of $8,100,000 for the Purpose of Improving the
Municipal Water System by Constructing an Elevated Water Storage Tank and
Related Facilities, Together with All Necessary Appurtenances Thereto; Improving
the Municipal Water System by Constructing and Installing Water Mains, Fire
Hydrants, Water Service Connections and a Booster Pumping Station, Together
with All Necessary Appurtenances; Constructing, Furnishing and Equipping the
Service Complex Building, Acquiring a Site Therefor and Making Related Site
Improvements, Together with All Necessary Appurtenances; Constructing a
Swimming Pool, Bath Houses, a Pump House and a Concession Stand, Acquiring
Furnishings and Equipment Therefor and Making Related Site Improvements,
Together with Necessary Appurtenances Thereto; Improving Frantz Road from
Rings Road to Tuttle Road by Grading, Draining, Widening, Clearing, Moving
Existing Structures Thereon, Curbing as Necessary, Installing Sidewalks, Paving
and Resurfacing, and Constructing Storm Sewer.Improvements, Together with all
Necessary Appurtenances; and Improving the Municipal Sanitary Sewer System by
Constructing and Installing a Pump Station, Together with All Necessary
Appurtenances by Refunding Outstanding Bonds of the City Issued for Those
Purposes and Authorizing an Escrow Agreement for that Refunding, and Declaring
an Emergency.
Mayor Kranstuber moved to waive the reading of Ordinances 108-98 and 109-98, to
waive the Council Rules of Order in order to consider them together, to dispense with the
public hearing and to treat them as emergency legislation.
Mr. Adamek seconded the motion.
Vote on the motion -Mayor Kranstuber, yes; Mr. Adamek, yes; Mr. Reiner, yes; Ms.
Hide Pittaluga, yes; Mr. Peterson, yes; Mrs. Boring, yes; Mr. McCash, yes.
Vote on the ordinances -Mrs. Boring, yes; Mr. McCash, yes; Mr. Peterson, yes; Ms. Hide
Pittaluga, yes; Mr. Reiner, yes; Mr. Adamek, yes; Mayor Kranstuber, yes.
RECORD OF PROCEEDINGS
Minutes of e„ _ a e Meeting y ,,...__.e.
. ~.~.....e ...ee~d w ~..d,.,.
~~u~Iin City Council Meeting~~~~~~ _e ,,.a Page
DAYTON LEGAL BLANK 00.. FORM NO. 10148
Held CPntPmhPr R 1 99$ 19
Mayor Kranstuber announced that he will leave the meeting at this point due to a personal
commitment.
Vice Mayor Boring then presided.
Mr. Hansley stated that staff had requested an executive session for land acquisition
~ discussion, but because of the lateness of the hour, staff will postpone that request until
the next meeting.
Resolution No. 42-98 - A Resolution Adopting Goals for 1999.
Mr. Adamek introduced the resolution.
Mrs. Boring moved to amend goa199-5 to read, "to continue to develop parkland with an
emphasis towards investigating possibilities of partnerships with other entities" so that it
covers a variety of partnerships -commercial, school, township -and to make it more
comprehensive as discussed at goal setting.
Mr. Peterson seconded the motion.
Vote on the motion - Ms. Hide Pittaluga, yes; Mrs. Boring, yes; Mr. Peterson, yes; Mr.
McCash, yes; Mr. Adamek, yes; Mr. Reiner, yes.
Vote on the resolution - Mr. McCash, yes; Ms. Hide Pittaluga, yes; Mrs. Boring, yes; Mr.
Peterson, yes; Mr. Reiner, yes; Mr. Adamek, yes.
Council Round Table/Committee Reports
Ms. Hide Pittaluga, after consultation with Committee members, set the dates for the next
two Public Services meetings as Monday, September 21 at 6:45 p.m. to review the
franchise agreement with Fishel Company; and Monday, October 12 at 7:00 p.m. to
discuss the Post Road speed limit issue and the proposed park signage.
Mr. Hahn reported that the Planning staff is currently reviewing the proposed park
signage and it will be reflected in the 1999 operating budget. He received no feedback
from Council members after the presentation to Public Services Committee.
Ms. Hide Pittaluga stated she would like the issue brought back before the Public
Services Committee for a final recommendation to Council.
Mr. Reiner thanked Ms. Grigsby for the costs savings to the City which will result from
the refinancing legislation on tonight's agenda.
Mr. Adamek noted that the budget meeting dates have been set as November 4, 18 and
23. The time will be determined at a later date. The Finance Committee will also meet
on Monday, October 26 at 6:30 p.m. to discuss the annual cost study update.
Mr. Adamek noted that Council has received a memo regarding CheckFree Corporation
and the application fees for P&Z review related to approval of screening of their
mechanical units. He moved that City Council waive the Planning and Zoning
application fee of $650 for CheckFree to obtain approval to screen their mechanical units.
Ms. Hide Pittaluga seconded the motion.
After brief discussion about the option of waiving this review requirement, Mr. Adamek
withdrew his motion and Ms. Hide Pittaluga withdrew her second.
Mr. McCash moved that City Council waive the requirement of approval from the
~ Planning & Zoning Commission for CheckFree Corporation for the installation of rooftop
mechanicals and the screening around them, and that the screening be compatible with
the building, subject to staff approval.
Mr. Reiner seconded the motion.
Vote on the motion - Ms. Hide Pittaluga, yes; Mr. Adamek, yes; Mr. Peterson, yes; Mr.
Reiner, yes; Mrs. Boring, yes; Mr. McCash, yes.
Vice Mayor Boring commented:
1. In regard to the Summitview/Riverside Drive signal, she would like public
meetings held on the design before this goes to bid.
2. Council members need to R.S.V.P. to a number of upcoming events which are
noted on their calendars.
RECORD OF PROCEEDINGS
Minutes of Meeting e „ epp
.,.~_..e ._a.
~`~~~~~5izbliri ~ty~ouncil~Meeting Page~l~ m"~~
DAITON LEGAL BLANK CO.. FORM NO. 10148
Held CP„tPmhPr R 1 99$ 19
3. She is impressed with the efforts of staff recently on a number of issues - Mr.
McDaniel with the telecommunications towers issue; Mr. Helwig and Mr.
Hansley with the truck traffic issue; and the combined efforts of Engineering and
Police in changing the traffic pattern at the AverylMuirfield intersection.
The meeti was adjourned at midnight.
ayor -Presiding Officer
Clerk of Council
y