02-03 Resolution
RECORD OF RESOLUTIONS
Dayton Legal Blank Co" Farm No, 30045
I'
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\1 Resolution No. .. . ....02-03.... .. Passed.. . . .....,
._-----~--====+= - . - YEAR
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" A RESOLUTION TO SET FORTH A STATEMENT OF
i
SERVICES TO BE PROVIDED TO THE AREA IN A
PROPOSED ANNEXATION OF 2.42+/- ACRES FROM
PERRY TOWNSHIP, FRANKLIN COUNTY TO THE CITY OF
DUBLIN, OHIO AS REQUIRED BY SECTION 709.031 OF
THE OHIO REVISED CODE
WHEREAS, a petition for the annexation of 2.42+/- acres from Perry Township,
Franklin County was filed in the offices of the Franklin County Commissioners on
November 20,2002 by Stephen J. Smith, Agent for Petitioner City of Dublin, by
Jane S. Brautigam, 5200 Emerald Parkway, Dublin, OH 43017; and
WHEREAS, a public hearing has been scheduled before the Franklin County
Commissioners on Wednesday, February 5,2003 at 10:00 a.m.; and
WHEREAS, Section 709.031 of the Ohio Revised Code requires that, prior to the
hearing of the annexation petition, the Municipal Authority shall adopt a
statement indicating what services, if any, the Municipal Corporation will provide
to the territory proposed for annexation; and
WHEREAS, the area proposed for annexation lies within Dublin's exclusive
water and sewer service extension area, as provided under the agreements with the
City of Columbus; and
WHEREAS, the proposed annexation is in conformance with the annexation
strategy contained in the Dublin Community Plan, adopted by Council on
November 17, 1997.
NOW, THEREFORE BE IT RESOLVED by the Council of the City of Dublin,
State of Ohio, & of the elected members concurring that:
Section 1. The City of Dublin will provide the following municipal services
for the 2.42+/- acres in Perry Township, Franklin County upon the annexation of
the area to the City of Dublin, Ohio:
Police. The City provides Police and Communications service on a twenty-four
hour basis and also has mutual aid agreements with other municipalities. The
annexation area lies approximately Y2 mile south of Dublin's Police substation,
located at 4497 Hard Road. Dublin operates with a minimum of four cruisers on I
duty. A response time of approximately two minutes for an emergency situation
should be expected for this area.
Fire. The Washington Township Fire Department provides fire and emergency
medical services on a twenty-four hour basis and also has mutual aid agreements
in place with other townships and municipalities. Washington Township Fire
Station #92 is located approximately Y2 mile north of the annexation area and
normal response time should be approximately two minutes.
Sanitation. Residential refuse collection services are contracted by the City and
are currently provided at no additional charge.
Street Maintenance. The City's Streets and Utilities Division provides excellent
service in the area of street and road maintenance.
RECORD OF RESOLUTIONS
Dayton Legal Blank Co" Farm No, 30045
_.- ji
"
I
I! Resolution No. ,uuu02~OJuuu u Passed" , " ......,
t YEAR
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Page Two
Section 2. The City has SEWER and WATER service area contracts with the
City of Columbus, and the subject property is within the service areas.
Conditioned on the ability of the City of Columbus to provide WATER, and to
provide sufficient SEWERAGE disposal capacity, the City of Dublin will have
the ability to service the area.
Section 3. This resolution shall be effective immediately upon its passage as
provided under Section 4.04(a) of the Revised Charter.
Passed this AJ.s1' day of ~,2003.
ATTEST
~cL~
Clerk of Council
I hereby certify that copies of this
Ordinance/Resolution were posted in the
City of Dublin in accordance with Section
731.25 of the Ohio Revised Code.
flcd;.
cjJ SCHOTTENS;~~~.o;?~~",,:.2u N N
MEMORANDUM
TO: Members of Dublin City Council
Jane S. Brautigam, City Manager
Anne Clarke, Clerk of Council
FROM: Stephen J. Smith, Law Director
Mitchell H. Banchefsky, Asst. Law Director
J. Corey Colombo
DATE: January 16, 2003
RE: Resolution 02-03
The City of Dublin acquired a parcel of land, Parcel No. 212-000114, located on the
southwest comer of the intersection of State Route 257 (Riverside Drive) and Tuller Road.
This City-owned parcel is currently within the jurisdiction of Perry Township. The
intersection itself and surrounding roadway are part of a "pocket" of land, which is located in
Perry Township, and is surrounded by the Dublin corporation line to the north, east, and
south. For that reason, the Dublin Police Department and other Dublin officials expressed the
desire to annex this "pocket" of land into the City of Dublin in order to provide consistent and
efficient police and emergency services.
On November 20, 2002, this office filed an annexation petition with the Franklin
County Commissioners under the authority of Ordinance 126-02. The annexation petition
was filed pursuant to the "majority" owner procedure. In total, the City-owned parcel, the
intersection and nearby roadway encompasses 2.42 acres. On February 5, 2003, the Franklin
County Commissioners will have a hearing to discuss this petition. As a requirement for the
annexation to be approved, the municipality must pass a resolution of services.
<} As always, please contact this office if you have any questions or wish to further
discuss this matter.
www,SZO,com
Columbus
Cleveland
Cincinnati
{H0269544.1 I The Huntington Center,41 South High Street, Suite 2600, Columbus. Ohio 43215-6106, voice 614/462-2700. fax 614/462-5135
cj1 SCHOTTENS;~~.l?:~?UNN
STEPHEN J. SMITH
614/462-2249
E-MAIL: SSMITH@SZD.COM
December 9, 2002
VIA CERTIFIED MAIL
Anne Clarke
Clerk of City Council
City of Dublin
5200 Emerald Parkway
Dublin, Ohio 43017
Re: Notice of Annexation Petition and Hearing
Dear Anne:
Please take notice that petitioner, City of Dublin, is seeking the annexation of certain
territory located in the Township of Perry, County of Franklin, State of Ohio, to the City of
Dublin. The petitioner filed an annexation petition in the office of the Franklin County
Development Department ("Development Department") on November 20, 2002. As indicated by
the notice provided by the Development Department, which was received by this office via
facsimile on December 5, 2002, a hearing has been set for February 5, 2003.
This notice is given pursuant to R.C. 9709.03.
A copy of the notice from the Development Department and the petition itself are
included with this correspondence. The petition contains a full description of the territory sought
to be annexed, and other matters required by law, and is signed by a majority of the owners of
real estate in such territory.
Very truly yours,
~ J- ~.11. h<-c
Stephen 1. Smith
Agent for Petitioners
SJS/jcc
Enclosures: Petition for annexation (includes Map and Legal Description)
Notice from Development Department
{H0151ll1.l}
~
FRANKLIN COUNTY DEVELOPMENT DEPARTMENT
280 EAST BROAD STREET, ROOM 202 . COLUMBUS, OHIO 4321 5-6304
(614) 462-3094 . FAX (614) 462-71 SS
WE B ADDRESS: WWW.CO.FRANKLIN.OH.US/DEVELOPMENT
D4NIEL J. NICHTER, DIRECTOR
copy
November 21, 2002
Stephen J. Smith
41 South High Street, Suite 2600
Columbus, OH 43215
Dear NIr. Smith.
The date for the hearing of your petition to annex 2,42+/- acres from Perry Township to
the City of Dublin, Case #ANX-REG-50-02, will be Wednesday, February 5,2003 at
10:00 a.m.
You will need to notify all the property owners by regular mail from your abutters' list of
the date of the annexation hearing. Also, you need to send the Franklin County
Development Department an affidavit confirming that you have notified the abutters.
sin3~ppir
-~
Daniel J. Nichter, Director
Franklin County Development Department
DJKlnjt
FRANKLIN COUNTY BOARD OF COMMISSIONERS
ARLENE SHOEMAKER DEWEY R. STOKES MARY JO KILROY
.,..-..... . ..........----- - - -- - - - - ---------
PETITION FOR ANNEXATION COpy
TO THE CITY OF DUBLIN, OHIO,
OF 2.42 ACRES OF LAND, MORE OR LESS
IN THE TOWNSHIP OF PERRY, FRANKLIN COUNTY
TO THE BOARD OF COUNTY COMMISSIONERS
OF FRANKLIN COUNTY, OHIO
The undersigned, being a majority of the owners of real estate in the territory, hereby
petition for the annexation of the territory, described in Exhibit "A," to the City of Dublin,
Franklin County, Ohio, according to the statutes of the State of Ohio. The territory consists of
2.42 acres, more or less, and is adjacent and contiguous with the City of Dublin.
Attached to this Petition, in Exhibit "B," is an accurate plat map showing the boundaries
of the territory sought to be annexed.
There is ONE (1) OWNER OF REAL ESTATE, as "owner" is defined by R.C.
709.02(E), in the territory sought to be annexed. The owner is the City of Dublin.
Stephen J. Smith, City of Dublin Law Director, Schottenstein, Zox & Dunn, 41 South
High Street, Suite 2600, Columbus, Ohio 43215, (614) 462-2249, is appointed agent for the
petitioner as required by R.C. 709.02, with full power to amend, increase or decrease the area, to
do any and all things essential thereto, and to take any action necessary for obtaining the granting
of this Petition, without expressed consent of the petitioner. The agent's authority includes, but
is not limited to, the authority to make any amendment and/or deletion in order to correct any
discrepancy or mistake noted by the Franklin County Engineer in hislher examination of this
Petition, description and plat. An amendment for that purpose shall be made by presentation of
an amended plat and description to the Board of County Commissioners on, before, or after the
date set for hearing of this Petition.
Dublin City Council enacted Ordinance No. 126-02 on October 21, 2002 authorizing the
Law Director to file this Petition to annex the territory. A certified copy of Ordinance No. 126-
02 is attached hereto as Exhibit "C." A certified copy of the relevant minutes of the October 21,
2002 City Council meeting are attached hereto as Exhibit "D."
Petitioner's Name Address Date
City of Dublin, Ohio 5200 Emerald Parkway It ( IS I UA?'L..
By:lJ~5. Q)~) Dublin, Ohio 43017
Jane Brautigam, CIty Mager
1110252005 I I
( EXHIBIT
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August 28, 2002
Approximately 2.42 Acres located in
Perry Township, Franklin County, Ohio to be
Annexed to the City of Dublin, Ohio
Situated in the State of Ohio, County of Franklin, Township of Perry, in Quarter
Township 2, Township 2, Range 19 United States Military Lands, being parts of Tuller
Road, State Route #257 (Riverside Drive), the BVH Associates LLC 1.455 Acre tract
(Instrument Number 199710080114699, Recorder's Office, Franklin County, Ohio) and
the City of Dublin 1.640 Acre tract (Instrument Number 200006290128229, said
Recorder's Office) and being more particularly described as follows:
Beginning at the intersection ofthe north line of Tract II of said 1.455 Acre tract
extended westerly with the existing westerly Right-of-Way of said State Route #257, said
intersection being an angle point in an existing City of Dublin Corporation Line, as
established by Ordinance Number 14-65, ofrecord in Miscellaneous Record 138, Page
617, said Recorder's Office;
Thence, easterly, across said State Route #257, along said north line of Tract II
and along said Corporation Line (Ord. No. 14-65), approximately 80 feet, to the
intersection of said line with the existing easterly Right-of-Way of said State Route #257;
Thence, southerly, along said east line of State Route #257, approximately 141
feet, to the intersection of said line with the existing northerly Right-of-Way of said
Tuller Road;
Thence, easterly, along said north line of Tuller Road, approximately 396 feet, to
the intersection of said line with the east line of Tract I of said 1.455 Acre tract, and being
in said existing corporation line;
Thence, southerly, across Tuller Road and along said existing Corporation Line
(Ord. No. 14-65), approximately 70 feet, to the intersection of said line with the original
southerly Right-of-Way of said Tuller Road, being an angle point in said corporation line;
Thence, westerly, along said original southerly line of said Tuller Road, being an
existing City of Dublin Corporation Line as established by Ordinance Number 08-64, of
record in Miscellaneous Record 136, Page 247, said Recorder's Office, and across said
State Route #257 with the westerly extension of said original southerly line of Tuller
Road, approximately 483 feet, to the intersection of said line with the westerly Right-of-
Way line of said State Route #257;
(Continued)
Page 2
Thence, southerly, along said westerly Right-of-Way and said Corporation Line
(Ord. No. 08-64), approximately 59 feet, to a point of curvature of said Right-of-Way;
Thence, southerly, along a curve to the right, along said Right-of-Way and said
Corporation Line (Ord. No. 08-64), approximately 402 feet, to the intersection ofthe
easterly line of said 1.640 Acre tract with said westerly Right-of- Way line, being an angle
point of said Corporation Line (Ord. No. 08-64);
Thence, southerly, continuing along said Corporation Line (Ord. No. 08-64) and
easterly line of said 1.640 Acre tract, approximately 420 feet, to the easterly bank of the
Scioto River being the southerly most point of said 1.640 Acre tract;
Thence, northerly, along the easterly bank of said River and the westerly line of
said 1.640 Acre tract, approximately 914 feet, to the intersection of said easterly bank
with a southerly line of said Corporation Line (Ord. No. 14-65) being the northwest
comer of said 1.640 Acre tract;
Thence, easterly, along said Corporation Line (Ord. No. 14-65) and the north line
of said 1.640 Acre tract, approximately 176 feet, to an angle point in said Corporation
Line (Ord. No. 14-65) in the westerly Right-of-Way of said State Route #257;
Thence, northerly, along said Corporation Line (Ord. No. 14-65) and said
westerly Right-of-Way, approximately 182 feet, to the place of beginning
CONTAINNING APPROXIMATELY 2.42 ACRES.
------.--- ----_.-._._._-_._---~- - ..-....--- ---
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August 8. 2001
revised. AlIQult 28,2002
BVH A OCllltes LLc ____n---__
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Proposed City of Dublin Corporotion L ,ne \
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~.~/~..~~~~~~ Cor~~~~.!:.!::::...n____ \
Approximately 242 Acres located In I
Perry TownshIp, Franklin County, OhIO,
\ to be annexed to the
'I City of Dublin, OhIO [rU~~crc0~~~
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I Ohio '13209
i [2 Auditor' <; I-'mccl Number i-",."!I,JIM',.,"'" """Im<.,.# )4UfiltJU1! X - hYJ 'UHllJ
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RECORD OF ORDINANCES
EXHIBIT
De on Le al Blank Co. ..
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Ordinance No, . 126-Q2 Passed .4/0 /-J t'f f'':'T I D(i'
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AN ORDINANCE AUTHORIZING THE PETITION FOR
ANNEXATION OF 2.42 ACRES, MORE OR LESS, LOCATED AT
THE INTERSECTION OF STATE ROUTE 257 (RIVERSIDE
DRIVE) AND TULLER ROAD AND THE PARCEL SOUTHWEST
OF THE INTERSECTION, LOCATED IN PERRY TOWNSHIP,
FRANKLIN COUNTY, TO THE CITY OF DUBLIN; AND
REPEALING ORDINANCE NOS. 80-01 AND 81-01.
WHEREAS, the City of Dublin has determined that there is the necessity to annex the
intersection of State Route 257 (Riverside Drive) and Tuller Road ("roadway"), and the parcel
located southwest of the intersection (collectively the "subject property"), consisting of 2.42
acres, more or less, into the City; and
WHEREAS, the subject property to be annexed, as depicted in Exhibit "A" and described in
Exhibit "B", is comprised of a parcel of land that is owned by the City of Dublin and
adjacent roadway; and
~
:~ ~~ \ c WHEREAS, the annexation of the subject property must be initiated by petition to the
.'>-- () I~ Franklin County Board of Commissioners pursuant to Ohio Revised Code Chapter 709, as
:-'.-:: I I '" recently changed by Senate BillS; and
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1; -.......: Co,. ~ 6. WHEREAS, this annexation procedure mandates that a majority oflandowners of the subject
~ I.~ property to sign the petition under the current Ohio law, thereby requiring an authorized City
'" ~ .~; official to sign the petition; and
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- WHEREAS, pursuant to Ohio Revised Code ~709.02 (E), a person with any ownership
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-?" interest in any street or highway right-of-way (i.e. roadway owner) is not included within the
coO C5 definition of "owner" for annexation purposes, and thereby those with ownership interests in
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~ ~ ': the roadway are not required to sign the annexation petition; and
c ~
c:: --:;:: WHEREAS, it is necessary to repeal Dublin Ordinance Nos. 80-01 and 81-01 due to recent
~OJ changes in the annexation law and because revisions have been made by the surveying
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~. ".. ';j L company to the plat map and legal description; and
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~ g:3~ NOW, THEREFORE, BE IT ORDAINED by the Council, of the City of Dublin, State of
, v OJ
\j ~~ of:: Ohio, 2.. of the elected members concurring that:
V :~9 Se.r.tinn 1 Council considers it necessary to annex the subject property to the City of
( ,~' .~~
~ .~~ ~>: Dublin in order to provide consistent and efficient police and emergency services.
Se.r.tinn? Council authorizes the City Manager to sign, and the City Law Director to file,
' ~ :~.:) 0:
...[=. -~.:J -0 a petition on behalf of the City for the annexation of 2.42 acres, more or less, located at the
intersection of State Route 257 (Riverside Drive) and Tuller Road, and the parcel located
southwest of the intersection, pursuant to O,R.C. ~709.02.
Se.r.tinn ~ This Ordinance shall take effect and be in force from and after the earliest
date permitted by law.
() c!..--r /) b C--r- ,2002,
A TrEST:
~CL(I~~
Clerk of Council
cj1 SCHOTTENS;~:.~..,~.~~ ..:,!?UNN
MEMORANDUM
Ordinance 126-02
TO: Dublin City Council
Jane Brautigam, City Manager
Frank Ciarochi, Director of Development
Anne Clarke, Clerk of Council
FROM: Stephen J. Smith, Law Director
Mitchell H. Banchefsky, Asst. Law Director
1. Corey Colombo
DATE: October 7, 2002
RE: Ordinance Authorizing the Petition for Annexation of 2.42 acres
The City of Dublin has acquired a parcel of land, Parcel No. 212-000114, located on the
southwest comer of the intersection of State Route 257 (Riverside Drive) and Tuller Road. This
City-owned parcel is currently within the jurisdiction of Perry Township. The intersection itself
and surrounding roadway is part of a "pocket" of land, which is located in Perry Township, and
is surrounded by the Dublin corporation line to the north, east, and south. For that reason, the
Dublin Police Department and other Dublin officials have expressed the desire to annex this
"pocket" of land into the City of Dublin in order to provide consistent and efficient police and
emergency serVIces.
In order to annex this land, the City will need to file an annexation petition with the
Franklin County Commissioners. In total, the City-owned parcel, the intersection and nearby
roadway encompasses 2.42 acres. The Law Department intends to annex the land pursuant to the
"majority" owner procedure. This procedure, unlike other expedited options under the "new"
annexation law, will allow for future boundary adjustments, whereby the City can petition to
have the land removed from Perry Township and placed into Washington Township.
The "majority" owner method under the "new" law is similar to the "majority" owner
method under the "old" law with slight procedural differences. For example, under the "new"
law, the City as petitioner will be required to provide notice to all adjacent landowners. In this
instance, the land under consideration for annexation is adjacent to land owned by Thomas
Family LP, Allan K. Vrable, Invictus Land LLC, and BVH Associates LLC. This office did not
include BVH Associates . on the petition as BVH Associates has expressed the desire in the
c} recent past to remain in Perry Township. Accordingly, if the annexation is approved by the
Franklin County Commissioners, BVH Associates will remain in Perry Township and be entirely
NW,SZD,com surrounded by the City of Dublin.
Columbus As always, please contact this office if you have any questions or wish to further discuss
Cleveland this matter.
Cincinnati
. The veterinary hospital located on the northeast comer of Riverside Drive and Tuller Road.
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Ar~olo b. ,An"'u~d .. . . 1'1 f:: \': i Approximately 2.42 Acres located in
!.t/:,.;/r;:~:1.fi:f*~hf&W~t{;~~i41~XA/Y:i~T; (: +/~ \: \ Perry Township, franklin County. Ohio.
II~ rr;.,taJti!>itm~~t~&t1.~~#Mft.~'3f~~;rl;f;- if f '\ \ to be annexed to the
"h ;'r~~i~~~)~II:~"t:~.?'~~:;tt~~~~~;1:1:f' 1: , \ \ \ City or Dublin. Ohio, ~., ltLG
.. Ql~l. ;'Im . '!~, 'tr!t/;~kK~~N."i"j} '1' I, \ i. : - . .
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. If 27-40 East ~.hln SlrctL (514) 2:J~ - een
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i .1...ll:-~1 - AVditOl'S Prxcd J>t.rr()tr T-
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Approximately 2.42 Acres located in
Perry Township, Franklin County, Ohio to be
Annexed to the City of Dublin, Ohio
Situated in the State of Ohio, County of Franklin, Township of Perry, in Quartet
Township 2, Township 2, Range 19 United States Military Lands, being parts of Tuller
Road, State Route #257 (Riverside Drive), the BVH Associates LLC 1.455 Acre tract
(Instrument Number 199710080114699, Recorder's Office, Franklin County, Ohio) and
the City of Dublin 1.640 Acre tract (Instrument Number 200006290128229, said
Recorder's Office) and being more particularly described as follows:
Beginning at the intersection of the north line of Tract II of said 1.455 Acre tract
extended westerly with the existing westerly Right-of-Way of said State Route #257, said
intersection being an angle point in an existing City of Dublin Corporation Line, as
established by Ordinance Number 14-65, of record in Miscellaneous Record 138, Page
617, said Recorder's Office;
Thence, easterly, across said State Route #257, along said north line of Tract II
and along said Corporation Line (Ord. No, 14-65), approximately 80 feet, to the
intersection of said line with the existing easterly Right-of-Way of said State Route #257;
Thence, southerly, along said east line of State Route #257, approximately 141
feet, to the intersection of said line with the existing northerly Right-of-Way of said
Tuller Road;
Thence, easterly, along said north line of Tuller Road, approximately 396 feet, to
the intersection of said line with the east line of Tract I of said 1.455 Acre tract, and being
in said existing corporation line;
Thence, southerly, across Tuller Road and along said existing Corporation Line
(Ord. No. 14-65), approximately 70 feet, to the intersection of said line with the original
southerly Right-of-Way of said Tuller Road, being an angle point in said corporation line;
Thence, westerly, along said original southerly line of said Tuller Road, being an
existing City of Dublin Corporation Line as established by Ordinance Number 08-64, of
record in Miscellaneous Record 136, Page 247, said Recorder's Office, and across said
State Route #257 with the westerly extension of said original southerly line of Tuller
Road, approximately 483 feet, to the intersection of said line with the westerly Right-of-
Way line of said State Route #257;
(Continued)
Page 2
Thence, southerly, along said westerly Right-of-Way and said Corporation Line
(Ord. No. 08-64), approximately 59 feet, to a point of curvature of said Right-of-Way;
Thence, southerly, along a curve to the right, along said Right-of-Way and said
Corporation Line (Ord. No. 08-64), approximately 402 feet, to the intersection of the
easterly line of said 1.640 Acre tract with said westerly Right-of-Way line, being an angle
point of said Corporation Line (Ord. No. 08-64);
Thence, southerly, continuing along said Corporation Line (Ord. No. 08-64) and
easterly line of said 1.640 Acre tract, approximately 420 feet, to the easterly bank of the
Scioto River being the southerly most point of said 1.640 Acre tract;
Thence, northerly, along the easterly bank of said River and the westerly line of
said 1.640 Acre tract, approximately 914 feet, to the intersection of said easterly bank
with a southerly line of said Corporation Line (Ord. No. 14-65) being the northwest
comer of said 1.640 Acre tract;
Thence, easterly, along said Corporation Line (Ord. No. 14-65) and the north line
of said 1.640 Acre tract, approximately 176 feet, to an angle point in said Corporation
Line (Ord. No. 14-65) in the westerly Right-of-Way of said State Route #257;
Thence, northerly, along said Corporation Line (Ord. No. 14-65) and said
westerly Right-of-Way, approximately 182 feet, to the place of beginning
CONTAINNING APPROXIMATELY 2.42 ACRES.
EXHIBIT
RECORD OF PROCEEDINGS '"
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D
D
Minutes of Dublin City Council :9
DAYTON L[GAL flLANt< co.. FORM N _~~,\.L;L- fe r hi",
HeJrl October 21, 2002 19_ I
.=c~~!;-
1 I
I, Vice Mayor Boring called the Dublin City Council meeting of October 21, 2002 to order at 1
': I
7:00 p.m. I
Mr. Kranstuber led the Pledge of Allegiance. I
Roll Call I
Council members present were: Mr. Lecklider, Mrs. Boring, Ms. Salay, Ms, Chinnici- i
Zuercher, Mr. Kranstuber and Mr. Reiner. Mayor McCash arrived at 7:30 p.m.
Staff members present were: Ms. Brautigaum, Ms. Grigsby, Ms. Readier, Mr. Ciarochi, I
Mr. McDaniel, Mr. Stevens, Ms. Hoyle, Ms. Kennedy, Ms. Puskarcik, Ms. Clarke, Ms.
Crandall, Mr. Hammersmith, Interim Chief Epperson and Mr. Hahn. I
Approval of Minutes of October 7, 2002 ReQular MeetinQ
Mr. Lecklider noted a correction to page 7, where he stated that his understanding is that
the Wilcox Road route would allow for burying the line, It should state that the 1-270 route
would allow for burying the line.
Ms. Chinnici-Zuercher moved approval.
Ms. Salay seconded the motion.
Vote on the motion: Ms. Chinnici-Zuercher, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr.
Kranstuber, yes; Ms, Salay, yes; Mr. Lecklider, yes,
Correspondence
The Clerk reported that a notice was sent to Council regarding a transfer of liquor permits
from Chipotle at Perimeter Loop to a location on Tuttle Crossing Boulevard.
There was no objection to the transfer of this permit.
Citizen Comments
Adam Cadella, 9413 Culross Court stated that he is accompanied by other senior
government students who are required to attend a public meeting. They will follow up the
meeting with a report, and he thanked Council for the opportunity to observe the meeting,
Mrs. Boring noted that the next speaker signed in is Wallace Maurer. The topic he has
~; indicated for his comments is "Balbir Kindra." He has addressed this issue over several
months at previous meetings. Council selected Ms. Grigsby as Interim City Manager and
-. hired Ms. Brautigam as City Manager. She is not receptive to having someone
...... ""'<. continually degrade the staff in this manner. She asked that Mr. Maurer submit any
~ 0
;r" 0- further comments on this topic in writing so that they can be addressed. At this time, she
0 stated that the topic should be closed and Council should move on with the agenda.
0 c:
cr
..--. ? Wallace Maurer. 7451 Dublin Road noted that what the Vice Mayor is saying is out of
0
<.:
6. o 'OJ" order on two bases: (1) Citizen comment is for any topic not on the agenda, and this
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o' I "Om topic is not on the agenda for tonight; (2) There is an issue of authority - the "boss" is the
c:;I ... I P- citizenry of Dublin and the boss can at any time demand an accounting of those hired by
c c I I_~
:::; \.2J ~; the boss, Tonight, he is following through on the suggestions made to consult the
:;:i ~.. [--;---2-~ documentation regarding Mr. Kindra. His research indicates that something out of order
I I C< and scandalous has taken place, He is merely exerting his sovereign rights as a
~\9J; sovereign citizen.
Mrs. Boring asked Ms, Readier to explain the legal issues involved with public
participation in meetings.
Ms, Readier responded that the Ohio Public Meetings Act requires that the public be
invited to meetings of public bodies; it does not ensure public participation. That is a
matter to be determined by Council.
Mr. Kranstuber stated that it is not appropriate for Council to choose who mayor may not
speak, It is a freedom of speech issue.
Mrs. Boring clarified that the issue has been addressed over many months, and she
questions the wisdom of continuing this dialogue,
Ms, Chinnici-Zuercher stated that Mr. Maurer has the right to voice his concerns over
matters, but perhaps he should refrain from using specific names in his comments, Mr.
Maurer's issue seems to be one of due process for an employee.
Mr. Maurer stated that there is no legal protection of anyone's privacy in the legal
documentation. If necessary to name names, that person will have the opportunity to
reply. His concern is with the protection of the public who knows nothing about the
Kindra case. He is not interested in pursuing a legal action in this matter. He believes
that all public affairs should be dealt with publicly,
RECORD OF PROCEEDINGS
Minutes of Dublin City Council Meeting
--"---,---- DAYTON LEGAL BLANK CO.. FORM NU, 1<.J14~
Helrl October 21, 2002 Page 4 19
Second Readinq/Public Hearinq of Ordinance 126-02
Authorizing the Petition for Annexation of 2.42 Acres, More or Less, Located at the
Intersection of State Route 257 (Riverside Drive) and Tuller Road and the Parcel
Southwest of the Intersection, Located in Perry Township, Franklin County, to the
City of Dublin, Repealing Ordinance Nos. 80-01 and 81-01.
Ms. Brautigam stated that jurisdictional enforcement issues from the Police division have
prompted this annexation petition to bring the intersection into the City limits, improving
their ability to enforce traffic laws in this location.
Vote on the Ordinance: Ms. Salay, yes; Mr. Lecklider, yes; Mr. Kranstuber, yes; Mr.
Reiner, yes; Mayor McCash, yes; Ms. Chinnici-Zuercher, yes; Mrs. Boring, yes,
Second Readinq/Public Hearinq of Ordinance 127-02
Approving and Authorizing the City Manager and Director of Finance to Execute a
Development Agreement with Ashland, Inc.
Ms. Brautigam reported that this legislation relates to a development agreement involving
access to Rings Road,
Ms, Salay asked for an estimated construction date.
Mr. Stevens responded that they are targeting spring of 2003.
Vote on the Ordinance: Mrs. Boring, yes; Mr. Kranstuber, yes; Mr. Reiner, yes; Ms,
Chinnici-Zuercher. yes; Ms. Salay, yes; Mayor McCash, yes; Mr. Lecklider, yes,
Second Readinq/Public Hearinq of Ordinance 88-02
Providing for a Change in Zoning for Approximately 1.615 Acres Located at the
Northwest Corner of Avery Road and Corporate Center Drive, from PIP, Planned
Industrial Park (Washington Township Classification), to: SO, Suburban Office and
Institutional District. (Case No. 02-062Z - Northwest Corporate Center - Dublin
Prep Academy - 5689 Avery Road).
Ms, Clarke stated that the applicant was required to submit a rezoning as part of a
condition applied to a conditional use. The conditional use was for a private school within
an industrial park. This is a downzoning which is consistent with the Community Plan,
The site is located on the northwest corner of Avery and Corporate Center Drive and
contains an office building. The playground and parking are located behind, and the
access is from Corporate Center Drive. She showed several slides of the site and
surrounding area. The Planning Commission recommended approval.
Mr. Lecklider stated that in the minutes of P&Z, concerns were expressed about traffic
related to dropping off of students.
Ms. Clarke stated that when the school first opened, there was traffic lined up on
Corporate Center Drive. Once the school year was underway, this situation was resolved
with some parent education,
Vote on the Ordinance: Ms, Chinnici-Zuercher, yes; Mr. Kranstuber, yes; Mr. Reiner. yes;
Ms, Salay, yes; Mayor McCash, yes; Mrs. Boring, yes; Mr. Lecklider, yes.
Second Readinq/Public Hearinq of Ordinance 105-02 (Amended)
Establishing Dublin Zoning for Four Parcels Comprising an Area of Approximately
140 Acres, as Annexed from Jerome Township in 2001, Generally Located East of
Hyland-Croy Road, 2,200 Feet North of Mitchell-Dewitt Road, as R, Rural District
(Case No. 02-067Z).
Ms. Clarke stated that the Law Department advised a systematic rezoning for all newly
annexed areas which carry Washington Township zoning, There are four parcels
involved in this particular zoning, as shown on the plan. Currently, the zoning is U-1. an
agricultural district in Jerome Township, Union County, This is an area rezoning
sponsored by the City and there were no fees involved, An area meeting was convened
in July, but none of the property owners attended. There has been no opposition to this
zoning action. The Planning Commission recommends approval of the ordinance,
Vote on the Ordinance: Mr. Lecklider, yes; Ms, Salay, yes; Mayor McCash, yes; Mrs.
Boring, yes; Ms, Chinnici-Zuercher, yes; Mr. Kranstuber, yes; Mr. Reiner, yes.
Introduction/First Readinq of Ordinance 129-02
Revising the Fee and Service Charge Revenue/Cost Comparison System and
Establishing a Schedule of Fees and Service Charges for City of Dublin Services.
Ms. Salay introduced the ordinance.
Ms, Brautigam stated that staff is suggesting this ordinance be referred to Finance
Committee for review at their October 28 meeting. A recommendation to Council is
expected for the November 4 Council meeting,
SUPPLEMENT TO CITY OF DUBLIN
ANNEXATION PETITION FOR 2.42 acres
List of parcels in area to be annexed and adjacent territory
Filed pursuant to O.R.C. 709.02(D)*
List of parcels in area to be annexed
Parcel No.: 212-000114
Name of Owner: City of Dublin
Address: N/A Riverside Drive, Perry Township, OH 43017
Mailing Information: City of Dublin, 5200 Emerald Parkway, Dublin, OH 43017-1066
List of parcels in adjacent territory
Parcel No.: 273-008244
Name of Owner: Allan K. Vrable
Address: 6720 Riverside Drive, Dublin, OH 43017
Mailing Information: Jim Merrill, 1605 NW Professional Plz., Upper Arlington, OH 43220
Parcel No.: 273-010408
Name of Owner: Invictus Land Holding LLC
Address: 6720 Riverside Drive, Dublin, OH 43017
Mailing Information: Jim Merrill, 1605 NW Professional Plz., Upper Arlington, OH 43220
Parcel Nos.: 212-000494 and 212-001246
Name of Owner: BVH Associates, LLC
Address: 6924 Riverside Drive, Perry Township, OH 43017
Mailing Information: BVH Associates, LLC, 4590 Indianola Ave., Columbus, OH 43214
Parcel No.: 273-008247
Name of Owner: Thomas Family LP
Address: 4444 Tuller Road, Dublin, OH 43017
Mailing Information: Thomas Family LP, 7780 Brock Road, Plain City, OH 43064
. "At the time of filing the petition for annexation, the agent for the petitioners also shall file with the clerk of the board a list of
all tracts, lots, or parcels in the territoI)' proposed for annexation, and all tracts, lots, or parcels located adjacent to that territoI)' or
directly across the road from it when the road is adjacent to it, including the name and mailing address of the owner of each tract
lot, or parcel, and the permanent parcel number from the county auditor's permanent parcel numbering system established under
section 319.28 of the Revised Code for each tract, lot, or parcel, This list shall not be considered to be a part of the petition for
annexation, and any error on the list shall not affect the validity of the petition"
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