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HomeMy WebLinkAbout10/06/2008RECORD OF PROCEEDINGS ,~,~• *o~ ,,f Dublin City Council Meeting lYllllulliJ v October 6, 2008 Held 20 Mayor Chinnici-Zuercher called the Monday, October 6, 2008 Regular Meeting of Dublin City Council to order at 7:00 p.m. at the Dublin Municipal Building. ~ Present were Mayor Chinnici-Zuercher, Vice Mayor Boring, Mr. Gerber, Mr. Keenan, Mr. l Lecklider, Mr. Reiner and Ms. Salay. Staff members present were Ms. Grigsby, Mr. Smith, Chief Epperson, Mr. McDaniel, Mr. Hammersmith, Mr. Langworthy, Ms. Crandall, Mr. Harding, Mr. Hahn, Mr. Earman, Ms. Puskarcik, Ms. Hoyle, Ms. Adkins, Ms. Cox and Mr. Thurman. PLEDGE OF ALLEGIANCE Ms. Salay led the Pledge of Allegiance. APPROVAL OF MINUTES • Regular Meeting of September 15, 2008 Approval of the minutes was postponed until the October 20 meeting to allow for review of the last page of the minutes, which was inadvertently omitted from the packet copies. CORRESPONDENCE There was no correspondence requiring Council action. PROCLAMATIONS/SPECIAL RECOGNITION • National Arts & Humanities Month -Dublin Arts Council Mayor Chinnici-Zuercher read a proclamation, declaring October as "National Arts & Humanities Month" in Dublin. Mr. Guion, Executive Director of the DAC accepted the proclamation and shared some upcoming activities of the DAC. The Park Fiction exhibition opens on October 20, and a reception will be held in Coffman Park at that time.' There are about 70 sculpture elements at this point, and a few more will be added before the end of the month. The public will then be asked to vote on their selection for a public art piece. • "Red Flags" Awareness Week Program -Dublin Counseling Center and National Alliance for Mental Illness of Ohio Ms. Mihelich-Helms noted that the Red Flags program being done in conjunction with NAMI of Ohio and the Dublin middle schools will kick off on Wednesday, October 8 at 7-8 p.m. at the Abbey Theater at the DCRC. She invited everyone to attend this event. Mr. Mauro of NAMI Ohio thanked Council and the citizens of Dublin for their recognition of this program. A special guest on Wednesday will be Ohio First Lady Strickland who will help kick off this revitalization of the Red Flags program. This will be an opportunity to showcase the Dublin community's commitment to this program. • Blue Ribbon School - St. Brigid of Kildare Mayor Chinnici-Zuercher read a proclamation recognizing St. Brigid of Kildare for being named a "Blue Ribbon School" - a nationwide award from the U.S. Department of Education. Accepting the proclamation were Msgr. Hendricks and Principal Kathy O'Reilly. Msgr. Hendricks thanked the City for all of the support they have given the parish since its founding in 1987. They have received wonderful cooperation and assistance from the City and the Dublin School system, and enjoy an ongoing relationship. He added that only three schools in the Columbus diocese have received this award, and St. Brigid is the first to receive this award in the last ten years. They look forward to the future in Dublin, Ohio. • National Community Planning Month Mayor Chinnici-Zuercher presented a proclamation recognizing National Community Planning Month in October, which is observed throughout the country. Mr. Langworthy and Ms. Adkins accepted the proclamation on behalf of the Planning staff. Mr. Langworthy thanked Council for the recognition. Ms. Adkins added that an emphasis on education and outreach to the public is taking place by the Department this year. They have set up a website link, which includes information on a planning topic for all 31 days of October. She encouraged everyone to visit the website, which will hopefully be a kick start to some of the web-based outreach efforts of the Planning staff in the future. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting October 6, 2008 Page 2 Held 20 Ms. Salay asked if Mr. Langworthy could provide information about the website and outreach efforts at the Civic Association Presidents meeting this month. These individuals are very interested in City planning topics, and would be interested in this information. • Recognition of Dublin Student Poster Contest Winners - Franklin County Soil & Water Conservation District Ms. Jennifer Fish, Director displayed the winning posters submitted by Dublin students and introduced the student award winners: Karen Jones of Sells Middle School who won first place in the computer generated category; Youngmin Lee of Sells Middle School who won first place for Grades 6-8; and Kelly Miles of Dublin Coffman who won second place in the Grades 9-12 category. • IMLA Local Government Attorney Awards -Stephen J. Smith Mayor Chinnici-Zuercher recognized Mr. Smith for recent awards he was given at the International Municipal Lawyers Association conference in Las Vegas: the Marvin J. Glink Private Practice Local Government Attorney Award and the James H. Epps III Award for Longevity of Service to a Community Award. She noted that Mr. Smith has served Dublin as Law Director since 1978 and has provided legal counsel to the City throughout all of Dublin's growth and development. She noted that Mr. Smith is also very committed to service and to fundraising for the benefit of the Buckeye Ranch Foundation. Mr. Smith thanked Council for this recognition, noting that it has been an honor to serve Dublin over these years. He also acknowledged his wife of 37 years, Shelley, for her support. ADJOURNMENT TO EXECUTIVE SESSION Mayor Chinnici-Zuercher moved to adjourn to executive session at 7:25 p.m. for discussion of collective bargaining matters (to prepare for, conduct, or review negotiations or bargaining sessions with public employees concerning their compensation or other terms and conditions of their employment) and for personnel matters (to consider the appointment, employment, dismissal, discipline, promotion, demotion, or compensation of a public employee or official). Mr. Gerber seconded the motion. Vote on the motion: Vice Mayor Boring, yes; Mr. Reiner, yes; Mr. Lecklider, yes; Mr. Keenan, yes; Ms. Salay, yes; Mr. Gerber, yes; Mayor Chinnici-Zuercher, yes. The meeting was reconvened at 7:48 p.m. CITIZEN COMMENTS There were no comments from citizens. SECOND READING/PUBLIC HEARING -ORDINANCES Ordinance 73-08 Authorizing the Provision of Certain Incentives for Purposes of Retaining and Expanding CareWorks of Ohio LLC and Its Operations and Workforce within the City of Dublin, and Authorizing the Execution of an Economic Development Agreement. Mr. McDaniel noted that staff outlined the various provisions of this agreement at the first reading. This economic development agreement, if approved, will help the City retain 600 jobs in the City of Dublin for CareWorks and a couple of its subsidiary companies. Over the five-year period that CareWorks is committed to remain in Dublin under their lease agreement, they intend to add an additional 50 employees. He introduced Lisle Smith, Chief Financial Officer of CareWorks. He introduced and thanked John Boll for representing CareWorks during this process. Lisle Smith, CFO stated that on behalf of CareWorks and its 600 associates, they appreciate the City's demonstration of partnership. CareWorks is a family of companies, with six companies which operate in the areas of workers' compensation, including managed care. They have 175,000 business customers in the State of Ohio who have selected CareWorks to handle their managed care for workers' compensation. Their role is to help the injured worker return to work safely and timely, bringing down the overall costs for the system and the state. They also have a vocational rehabilitation business RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting October 6, 2008 Page 3 Held 20 that does field case management on more serious injuries; they have a third party administrator which helps employers manage the workers' compensation system as well. There were no questions from Council. Vote on the Ordinance: Ms. Salay, yes; Mr. Reiner, yes; Mayor Chinnici-Zuercher, yes; Mr. Gerber, yes; Mr. Lecklider, yes. INTRODUCTION/FIRST READING -ORDINANCES Ordinance 74-08 Amending Section 153.028 of the Dublin Codified Ordinances (Zoning Code) regarding Conditional Uses in the Community Commercial District (Case No. 08- 075ADM). Mr. Langworthy stated that is an administrative code modification for educational use Code amendment. This amendment is to Section 153.028 of the zoning code, which relates to the Community Commercial district. The amendment, as proposed, would add daycare facilities, tutoring services and recreational uses as uses that are permitted by conditional use in the CC district. The Code modification to conditional uses would include arcades, live music and dance venues, daycare facilities, tutoring services, conference centers, and recording studios. Planning & Zoning Commission has reviewed this and recommends approval as does the Planning staff. Mayor Chinnici-Zuercher noted that she recalls at the time of her service on P&Z that arcades, live music and dance venues had always been prohibited. There was a strong feeling that they were not desired in the community. Personally, she still does not want these in the community. Why are they being proposed now, based on the history of these issues in Dublin? Mr. Langworthy responded that a request was made from a person interested in a facility at the Dublin Village Center. He brought his request to P&Z and gave some description of it. The Commission looked at it in terms of locations where younger people would have an opportunity to gather in a particular environment and P&Z elected to leave that in the proposal as a conditional use. Mayor Chinnici-Zuercher asked for input from Council about this portion of the proposed Code changes. Vice Mayor Boring commented that she does not know why this is being proposed, who generated this, and what it will do to help the community or improve the Code. She is also unhappy that once again, a redlined version of the Code changes was not included in the materials. She moved that henceforth, whenever the Planning Department brings forth a proposed Code modification, that it must be presented in a redlined version and that it must answer the question of what and for whom the Code changes were prompted, and how.the proposed changes will improve the community and the use of the Code. Mr. Gerber seconded the motion. Vote on the motion: Ms. Salay, yes; Mr. Lecklider, yes; Mr. Gerber, yes; Mr. Reiner, yes; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes; Vice Mayor Boring, yes. Vice Mayor Boring commented that she does not know what prompted this ordinance, and she is not certain that P&Z would welcome the dance type of venue either, based on experience in the rest of the community. Mr. Lecklider asked if the person requesting the Code change is the same person who came before Council in May. Mr. Langworthy responded that is correct. Mayor Chinnici-Zuercher recalled that the individual had opened a teen dance center in Columbus and was interested in the Dublin Village Center as a location. Brief discussion followed about the circumstances under which Council had previously considered this item. Mr. Langworthy responded that the individual asked for a Code amendment, and he wanted to come to Council regarding his plans for this venue. Staff discouraged him from bringing it to Council, but the individual opted to come to Council with his request. RECORD OF PROCEEDINGS Dublin City Council October 6, 2008 Page 4 Mr. Gerber asked if that presupposes that the present Code does not permit an arcade, dance or music hall? Mr. Langworthy responded that is correct. Mr. Gerber stated that these uses are already prohibited in the Code, and now they would be put into a classification of a conditional use. His understanding from P&Z is that these are two separate items. A conditional use means that it can be done, if it does not infringe upon the surrounding area and meets some other criteria. If it does infringe, mitigation issues are considered. Therefore, if there were a group that could not have a dance or music hall previously, it would now be permitted -- provided they meet some standards regarding a conditional use. Mr. Langworthy agreed that the potential would now exist for it to be approved. Mr. Gerber asked why staff and P&Z would recommend to Council something that relaxes the standards in the present Code. Mr. Langworthy responded that he cannot speak for the Commission; staff only brought this to the Commission for their consideration. Mr. Gerber noted that this topic was discussed at a work session, and therefore the minutes are not detailed. Mr. Reiner added that this issue was brought forth in the community in the 1980s, and a great deal of discussion took place. It was felt at the time that arcades should be permanently eliminated, and so they were deleted from the Code. It was a difficult battle at the time. He is surprised to see this brought forward. Mayor Chinnici-Zuercher asked for confirmation that the current Code contains a section regarding sexually oriented business establishments. Mr. Langworthy confirmed that is correct. Mayor Chinnici-Zuercher commented that she understands adding daycare facilities, tutoring services, and conference centers. It is the arcade, live music and dance venues that are of concern. She assumes recording studios are the typical facilities one would find. Vice Mayor Boring commented that there was a professional recording studio located off of Brandonway, where commercials were made. She does not understand the difference and why this is included in the Code changes. Mr. Langworthy responded that it is included because it is in the Communit5y Commercial District. The Dublin Code is very specific, with line by line items, and so each district must be looked at individually. Mayor Chinnici-Zuercher asked if any Council Member is supportive of retaining the revisions related to the arcades, live music and dance venues. Ms. Salay stated that there are many young people in the community who, in responding to surveys, consistently indicate the need for more places to gather and more to do. A dance venue would require lots of supervision and cooperation from the Police department. There would be some hurdles to overcome, but she can understand why this type of business could be desirable. She also is cognizant of the caution needed in location of such a business, and she would have to be convinced it could be monitored and shut down if it became a nuisance. She does not know how that could be accomplished. Mr. Gerber added that it may come down to an issue of definitions. Perhaps this could be handled as a workshop review item for P&Z, who would then report their findings to Council. Ms. Salay stated that in regard to an arcade, she is not certain how that is defined. To her, it includes electronic games and pinball machines. Many theaters have such rooms off of their lobbies with such equipment. She does not know if problems occur. Mr. Lecklider asked if Game Works at Easton would be classified as an arcade. Ms. Salay responded that she believes it would fit the definition. Located appropriately and supervised properly, and depending upon the clientele, it may not be a problem in a community. It does have the potential for problems, however, and the location and oversight would be important. That results in a lot of pressure on the Planning Department, Code enforcement, and the Legal Department to handle it. RECORD OF PROCEEDINGS Dublin City Council October 6, 2008 Page 5 Held 20 Vice Mayor Boring suggested that the minutes of previous discussions on this topic be provided. It is not a matter of banning all video games, but having appropriate restrictions. In terms of a dance hall, she recalls a film in the Mayor's Court training which included footage of "raves," which took place at dance venues. Controlling this venue to ensure that would not occur would not warrant the time and expense involved. Mayor Chinnici-Zuercher agreed that the surveys indicate the youth in the community want more recreation opportunities. However, if Council believes this is something the City should participate in, there should be more activities at schools, rec centers, and churches - controlled environments that are not privately owned and operated. Some of the more difficult behaviors take place in the private venues, where there is a limit to capacity. The draw to these facilities is beyond the community. She would prefer to use other venues for organizing and attracting young people to activities. Ms. Grigsby stated that for the next reading, staff will prepare information to address the questions raised and will provide some historical background. There is not a time issue involved with the proposed amendments. Ms. Salay stated that she recalls a similar business was located in The Continent in Columbus. Perhaps the Police Department could check with that jurisdiction to learn if there were issues and what they were. She would be interested in feedback from the law enforcement staff on this. She agrees that it would be wonderful if the schools would take this on, but they have limited resources in terms of PTOs, faculty and staff who must supervise dances. Programming for teens at the Rec Center would be very welcome by the community, and Council would need to direct the Rec Center staff to pursue more of these programs. Mr. Smith suggested that Council postpone the ordinance until November to gather the information requested. Mr. Reiner moved to postpone the ordinance until a November meeting. Mr. Gerber seconded the motion. Vote on the motion: Mr. Lecklider, yes; Mr. Gerber, yes; Mr. Reiner, yes; Mayor Chinnici- Zuercher, yes; Vice Mayor Boring, yes; Mr. Keenan, yes; Ms. Salay, yes. Ordinance 75-08 Amending the Annual Appropriations for the Fiscal Year Ending December 31, 2008. Mr. Lecklider introduced the ordinance. Ms. Grigsby stated that the memo provides details on each of the requests made for appropriations. The most significant relate to the transfer to repay advances previously made for the COIC improvements; fuel purchases, due to the significant cost increases; legal fees, based on the identified cases; and some minor items. Mr. Keenan asked for clarification regarding the fuel costs and the purchase of fuel from the City by the School District and the Township. Ms. Grigsby stated that 50 percent of the total fuel the City purchases is subsequently purchased from the City by the School District or the Township. There will be a second reading/public hearing at the October 20 Council meeting. Ordinance 76-08 Amending Section 153.170 -153.189 of the Dublin Codified Ordinances (Zoning Code) Regarding Operations of the Architectural Review Board (Case No. 07- 096ADM) Ms. Salay introduced the ordinance. Mr. Gunderman stated that there are some conflicts in the Code relating to conditional uses, planned districts, and how they are dealt with at the Planning Commission. Other changes are revisions and reorganizations of the definition section of the Code. The organizational aspects of the Board were consolidated into one section. The duties were redefined more precisely, and some of the more vague duties were incorporated into the "Purposes" section of the Code. The hearing requirements were made consistent with what Council is familiar with. This is the first of the zoning districts that has the RECORD OF PROCEEDINGS Dublin City Council October 6, 2008 Page 6 Held 20 requirements in the Code. Specific application requirements were placed in the Code and were standardized based on practices of the Department. Provisions to the administrative modifications were added. These are fairly similar to what was included in the PUD ordinance several years ago, providing staff with some discretion after decisions are made. The most significant addition is the incorporation of specific review standards into the Code. This is based largely on the design guidelines Council adopted many years ago. Most of the changes are not drastic, but provide more clarification to issues which arose over a long period of time. ARB reviewed these changes at their June, July and August meetings, made some revisions, and made recommendation to Planning Commission. The Commission reviewed this at the September 18 meeting and recommended approval. Vice Mayor Boring asked that a redlined version be provided for the next reading. Mr. Gunderman responded it would be difficult, because the sections have been moved around substantially. Vice Mayor Boring stated that staff could at least point out what is new in the Code. Mr. Gunderman responded that he could provide a summary sheet, listing where sections have been moved. Vice Mayor Boring stated that she would like the new portions to be highlighted. Mr. Gunderman responded that one third of the language is identical to the current Code; one third is revised, with no changes made; and one third is new language. Mayor Chinnici-Zuercher stated that Council would like to have the new language identified for the next reading. Vice Mayor Boring asked about the difference between criteria and objectives. Criteria is a standard to be met, while objectives are something to target. In reviewing the Community Plan, it contains objectives and not criteria. Are the points defined as criteria? Mr. Gunderman responded that criteria is the correct term. It indicates that this is the benchmark to obtain project approval. The Community Plan would contain softer language than an ordinance. Mr. Gerber noted that over the years, the question has come up of the order of review by ARB and P&Z. He believes this will address the issue. Mr. Gunderman responded that it will do so. In a rezoning, the ARB will make a recommendation only and it will then be taken up by the Planning Commission. Mr. Gerber asked if that also applies to conditional uses. Mr. Gunderman responded affirmatively. There will be a second reading/public hearing at the October 20 Council meeting. INTRODUCTION/PUBLIC HEARING -RESOLUTIONS Resolution 70-08 Adopting a Statement of Services for a Proposed Annexation of 39.08, More or Less, Acres from Jerome Township, Union County to the City of Dublin. (Jackson Reynolds III, Agent for Petitioners Celtic Capital LLC) Mr. Gerber introduced the resolution. Mr. Smith requested this item be postponed until October 20, based on some issues regarding provision of fire service. A memo outlining the issues will be provided to Council Mr. Gerber moved to postpone the resolution until October 20. Mr. Keenan seconded the motion. Vote on the motion: Vice Mayor Boring, yes; Mr. Keenan, yes; Mr. Reiner, yes; Ms. Salay, yes; Mr. Gerber, yes; Mayor Chinnici-Zuercher, yes. Resolution 71-08 Waiving Competitive Bidding Requirements for the Emergency Replacement of a Tunnel under Memorial Drive. Mr. Keenan introduced the resolution. Ms. Grigsby stated that this relates to the repair of a tunnel under Memorial Drive, just east of Holyrood Court. The memo includes information in regard to tunnels previously owned by the Muirfield Village Golf Club, which were transferred to the City. The three RECORD OF PROCEEDINGS ~~r;~„~o~ „~ Dublin Citv Council r,rAA*;,,~ DAVT N LE AL BLANK INC. FORM N .101 October 6, 2008 Page 7 Held 20 tunnels referenced in the memo and included on an earlier map were not included in that group of tunnels. When the other tunnels were accepted from the Muirfield Association in 1996, the basis was that the tunnels were located in the right-of-way and the City wanted ~ to make sure that the tunnels were adequately maintained for safety reasons. As part of the review of the tunnels, it was determined that this tunnel is in need of repair. Mr. Hammersmith can address the specifics. In order to have the project done this year, staff is requesting that Council waive the competitive bidding to have the work done by Strawser Paving, the company currently doing the street maintenance program. Mr. Smith added that in 1992, the issue arose of how to handle these tunnels. The issue related to the Muirfield tunnels is that they were built in the early 1970s and there are no records regarding who would take care of what in the future. His opinion at the time, which still stands, is that the tunnels were private improvements in a public right-of-way. The Muirfield Association disagreed with his opinion at the time. Staff was then asked to draft an agreement that allowed the City to maintain the tunnels, which were in the City right-of--way and located under City roads. The minutes have been provided from previous Council committee and Council meetings on this topic. The issue was resolved with a Council vote after many meetings. Mr. Hammersmith stated that the roof of the tunnel in question has excessive corrosion, and as a result is bulging and has defamation. The concern is that the road will eventually displace and the tunnel itself will eventually fail. Staff strongly recommends repairing the tunnel now in a proactive manner versus reacting to an emergency situation where motorists could be jeopardized. Ms. Salay noted that in the minutes from the Committee discussion in 1995, it appears that these three tunnels were owned by the Country Club and were excluded from the discussion. Is that correct? Mr. Smith responded that in his memo at the time, the recommendation made to the Committee indicated that the Muirfield Association and/or any other private party, for example golf course entities, shall execute quitclaim deeds to the City for the tunnels. The Association transferred 12 tunnels to the City. After 1.995, this issue was not reviewed again. When this issue arose recently regarding the condition of the tunnel, staff believed that all 15 tunnels had been taken over by the City. It had been determined back in the 1990s that while the tunnels were built by a private entity, the tunnels were under the City roadway and therefore the City bore responsibility for them. The Muirfield Association deeded all the tunnels to the City that were not a part of the golf course. Ms. Salay stated that the minutes reflect that Mrs. Boring pointed out that the golf course owned tunnels were to be excluded from this agreement. Mr. Smith agreed that the City has some concern with this tunnel, but the Association does not have control of it. Later, there was discussion of whether the tunnels were private or public. She understands the safety issue and the need for repairs, but they are privately owned and the improvements benefit a privately owned entity. It seems there should be some type of partnership in place with the Country Club, so that the taxpayers who are repairing three tunnels should have some sort of stake in this. Mayor Chinnici-Zuercher asked if the problems that exist with the tunnels are caused with the weight and extent of traffic on the roadway, or are they related to the actual construction of the tunnel itself. Mr. Hammersmith responded that the problems are a result of the deterioration of the material that the tunnel is constructed of -corrugated metal. Regardless of the road above or the weight, this is a structural deficiency in the tunnel itself. Staff is proposing it be replaced with reinforced concrete pipe, and this problem will not recur. The reinforced concrete pipe will have a much longer service life than the corrugated metal. Mr. Reiner stated that this was apparently adesign/engineering mistake. Mr. Hammersmith responded that it was not the best material for the application. . Drainage and moisture were also contributing factors to the corrosion of the tunnel. Mr. Reiner asked if this was an acceptable material at the time it was installed. Mr. Hammersmith responded that corrugated metal pipe was used extensively at that time, but better coatings are available today to prevent corrosion. RECORD OF PROCEED[NGS Minutes of Dublin City Council Meeting October 6, 2008 Page 8 Held 2D Mr. Keenan noted that he would be interested in knowing some history of how this has been handled in other jurisdictions with golf courses. This information would be helpful. Mr. Lecklider stated that there is confusion as reflected in the minutes about who actually built the tunnels. The assertion was made by the Association representative, Mr. Zawaly that the City built them. Mr. Hammersmith deferred to Mr. Smith to respond. Mr. Smith responded that he does not know who built them in the 1970 timeframe. Ms. Grigsby added that part of the issue is that the records do not exist to verify who built what and if there were any agreements in place about maintenance of the tunnels and other such improvements made in that timeframe. In 1995, the tunnels were looked at as being under the roadways in the right-of-way, with an impact on the City's transportation system and safety issues. She does not know why the other three tunnels were not addressed in the same manner. Staff can contact the Country Club regarding any arrangements that could be made regarding the remaining two tunnels, perhaps a partnership for future repairs. Mr. Smith added that he believes the tunnels were built by the Muirfield developers, not the City. Mr. Lecklider commented that he does not believe the City would have built the tunnels for the benefit of a private organization. He is struggling with the City paying for three tunnels at this point, in view of the fact that they benefit a private organization. If the City designed and built the tunnels, however, he might think otherwise. Responding to Ms. Grigsby, he believes it is clear in the record that these three tunnels were not included because it involved a separate entity. Ms. Grigsby responded that is correct. At the time, only the Muirfield Association was asking for the transfer of the tunnels to the City. It would have been preferable to include all 15 tunnels at that time, but that did not happen. Similarly, at the Golf Club of Dublin, there was much discussion about whether tunnels or at grade crossings would be provided in the development. As part of the roadway projects, the City paid for construction of the tunnels. The at grade crossing was used in a more residential portion of the development. Because of traffic and the need to eliminate conflict between golfers and motorists, the tunnels were built. Mr. Lecklider pointed out that the City owns this public golf course. Ms. Grigsby responded that is correct, but as part of the development, the Tartan Golf Club was required to develop the course, but the City paid for the tunnels on the project. Mr. Lecklider stated that he agrees with the logic. However, the rationale for the City taking over the Muirfield tunnels would not be the same rationale as would be applied to the tunnels at the Golf Course of Dublin. Discussion continued. Vice Mayor Boring asked if the City chose not to repair this tunnel, and the Country Club did not do the repairs, what would happen. Can the City require the club to make the repair? Mr. Smith responded that if the road should collapse due to the tunnel problems, the City would have to take the property under the road. He reiterated that these are private improvements built in the public right-of-way. The village officials in the early 1970s . allowed private improvements to be built in the public right-of-way without documentation regarding maintenance responsibilities. The records simply do not exist. Mayor Chinnici-Zuercher summarized that the only new information requested from staff is what other cities do in regard to private golf courses that have tunnels in the right-of-way. Is there other information needed prior to Council making a decision? It appears that a decision is needed in two weeks in order to have the tunnel replaced this paving season. Vice Mayor Boring asked why there is a rush to make this repair now. When did staff become aware of the problem? Mr. Hammersmith responded that, as the staff report indicates, Burgess & Niple were asked to provide a second opinion about the condition. Vice Mayor Boring stated that because this is a private club, she would support Ms. Salay's suggestion for partnering on this repair. RECORD OF PROCEEDINGS ,.,~:~..~,.,, ,.~ Dublin Citv Council 1VrPPr;,,o 111111U1.VJ V - - '- DA YT N AL BLANK INC. F RM NO. 10148 October 6, 2008 Page 9 Held 20 Mayor Chinnici-Zuercher asked if the City approached the Country Club or whether the Country Club approached the City about this tunnel and whether any financial participation was discussed. Mr. Hammersmith responded that the initial contact came from the Country Club and the discussion focused on the tunnel condition. Mr. Smith noted that the Country Club believed the tunnels are owned by the City, based on a brief conversation with them. Mayor Chinnici-Zuercher asked if the request also includes taking over the maintenance of the tunnels. Mr. Hammersmith responded that staff is suggesting that legislation be drafted for the City to assume maintenance responsibility for the three tunnels. Vice Mayor Boring noted that with the other 12 tunnels, the Muirfield Association is responsible for maintaining the sidewalks and the interior. Mr. Smith responded that the discussion relates to the structure of the tunnel itself, not the other items. Mr. Gerber asked for clarification. Are the roadways over the tunnel at risk? Mr. Hammersmith confirmed that is correct. In the past, there have been catastrophic failures of this type of structure. Mr. Lecklider clarified that he does not argue the need to protect the integrity of the i roadways and the safety of the public. The question is who bears the financial burden for these repairs. Mr. Gerber noted that it would be important to secure the information Mr. Keenan has requested about how this is handled in other jurisdictions. Mr. Smith added that Council will likely find that in other communities with golf courses, there will be easements and agreements in place. It did not occur with the Muirfield development. Ms. Salay clarified that she is not suggesting that doing nothing is an option. She believes that the public safety is paramount. If Mr. Hammersmith believes a catastrophic collapse is possible, perhaps the road should be closed and detours identified. Mr. Hammersmith responded it is not to that point, although it is being closely monitored. Mr. Gerber added that the freeze/thaw cycle can speed the deterioration. '~ Mayor Chinnici-Zuercher moved to postpone Resolution 71-08 until the October 20 Council meeting in order to obtain the requested information. Mr. Gerber seconded the motion. Vote on the motion: Mr. Keenan, yes; Mr. Reiner, yes; Mr. Lecklider, yes; Mr. Gerber, yes; Vice Mayor Boring, yes; Ms. Salay, yes; Mayor Chinnici-Zuercher, yes. Mayor Chinnici-Zuercher moved to waive the Council Rules of Order to have the Clerk read the names of the property owners into the record for Resolutions 72-08, 73-08 and 74-08. Mr. Lecklider seconded the motion. Vote on the motion: Mayor Chinnici-Zuercher, yes; Mr. Keenan, yes; Mr. Reiner, yes; Vice Mayor Boring, yes; Mr. Gerber, yes; Ms. Salay, yes; Mr. Lecklider, yes. Resolution 72-08 Authorizing the City Manager to Accept and Receive a 0.008 Acre, More or Less, Storm Sewer Easement Donated by K. Alan Chil'Cote, Located on the North Side of Summitview Road, East of Riverside Drive in the City of Dublin, County of Franklin, State of Ohio. Resolution 73-08 Authorizing the City Manager to Accept and Receive a 0.009 Acre, More or Less, Storm Sewer Easement Donated by Thomas R. and Barbara I. Sabatino, Located on the South Side of Summitview Road, East of Riverside Drive in the City of Dublin, County of Franklin, State of Ohio. RECORD OF PROCEEDINGS Dublin City Council October 6, 2008 Page 10 uP~~ _20 Resolution 74-08 Authorizing the City Manager to Accept and Receive a 0.009 Acre, More or Less, Storm Sewer Easement Donated by Kenneth A. Davis, Located on the South Side of Summitview Road and East of Riverside Drive, in the City of Dublin, County of Franklin and State of Ohio. Mr. Reiner introduced the resolutions. Mr. Hammersmith noted that staff is recommending the repair to a 60-inch culvert beneath Summitview Road, just east of Riverside Drive. He showed slides depicting the location. and described the repairs to be made. The property owners are donating storm sewer easements for the project, as they recognize the importance of maintaining this structure and the value to their properties. Staff is recommending acceptance of the three easements so that they can proceed with the repair being done as part of the storm sewer maintenance program. Mr. Keenan noted that it is important to communicate with the residents about the road closure on October 13. Mr. Hammersmith responded that signage is already in place. Council thanked staff for working with the residents to obtain these donations of easements. Vote on Resolutions 72-08. 73-08 and 74-08: Mayor Chinnici-Zuercher, yes; Mr. Keenan, yes; Mr. Reiner, yes; Vice Mayor Boring, yes; Mr. Gerber, yes; Mr. Lecklider, yes. Resolution 75-08 Accepting the Lowest/Best Bid for the Cosgray Road 12-Inch, Darree Fields 24-Inch, and SR 161 12-Inch Water Transmission Main Improvements Project. Mr. Lecklider introduced the resolution. Ms. Grigsby stated that this project has been identified in the CIP. Mr. Hammersmith stated that six bids were received for this water main improvement. Staff is recommending acceptance of the bid from Savko & Sons Inc. Construction in the amount of $947,755.50. The estimate for the project was $1.4 million, and the bids had quite a range, reflecting the competitive climate. Vote on the Resolution: Vice Mayor Boring, yes; Mr. Keenan, yes; Mr. Reiner, yes; Mayor Chinnici-Zuercher, yes; Mr. Lecklider, yes; Mr. Gerber, yes; Ms. Salay, yes. Resolution 76-08 Designating the City Manager as the City's Official Representative and Authorizing the City to File a Grant Application with the Ohio Public Works Commission Clean Ohio Conservation Fund. Ms. Salay introduced the resolution. Ms. Grigsby stated that this authorizes a grant application for the Holder property at 4729 Bright Road. A preliminary grant screening has already taken place, and the grant application will be filed by the end of the month. Vote on the Resolution: Ms. Salay, yes; Vice Mayor Boring, yes; Mr. Gerber, yes; Mr. Lecklider, yes; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes; Mr. Reiner, yes. Resolution 77-08 Authorizing the City Manager to Enter into a Collective Bargaining Agreement with the Fraternal Order of Police, Capital City Lodge No. 9 Regarding Wages, Hours, Terms and Conditions of Employment for Employees within the Police Officer, Corporal, and Sergeant Bargaining Units. Mr. Gerber introduced the resolution. Mr. Bittner, Legal counsel, noted that staff is recommending adoption of the resolution. Highlights of the agreement include: o A four percent annual wage increase for each of the three years, with the first increase retroactive to January 1, 2008; o Changes in longevity pay in 2009 and 2010; o Changes to the uniform and equipment allowance, increasing by $100 per year; RECORD OF PROCEEDINGS Dublin City Council October 6, 2008 Page Held 20 o Changes in vacation leave, personal leave and sick leave; sick leave changes from 18 days to 15 days per year; vacation and sick leave changes are noted in the cover memo; o It incorporates the Healthy by Choice program that has been negotiated into two other collective bargaining agreements in the City. It is consistent in many respects with the health insurance offerings to the non-bargaining unit employees within the City. This would become effective January 1, 2009 for the FOP-covered employees. o An increase in the tuition reimbursement of $250 per year in years 2009 and 2010. He thanked the team, including Chief Epperson, Ms. Ruwette, Ms. Maier and Ms. Hoyle for their efforts. Vote on the Resolution: Mr. Keenan, yes; Mr. Lecklider, yes; Vice Mayor Boring, yes; Mayor Chinnici-Zuercher, yes; Mr. Reiner, yes; Mr. Gerber, yes; Ms. Salay, yes. Mayor Chinnici-Zuercher thanked the team and the collective bargaining representatives for their hard work and collaboration on this agreement. OTHER • Motion to Adopt 2009 Medical Plan Design as Modified at 9-10-08 Administrative Committee of the Whole Meeting Ms. Grigsby noted that a memo was prepared by Mr. Harding summarizing the motion from the September 10 Committee of the Whole meeting. There were no further questions. Mr. Keenan moved to adopt the recommendation of the Committee. Mr. Gerber seconded the motion. Vote on the motion: Mr. Lecklider, yes; Mr. Keenan, yes; Mr. Reiner, yes; Vice Mayor Boring, yes; Mayor Chinnici-Zuercher, yes; Ms. Salay, yes; Mr. Gerber, yes. • Appointment of a City Representative to MORPC Mayor Chinnici-Zuercher noted that she and Ms. Brautigam serve on the MORPC Board, and with Ms. Brautigam's departure, there is a need to appoint another City representative. The recommendation is to appoint Mr. McDaniel, Deputy City Manager/Director of Economic Development. He has indicated he is willing to accept this appointment. Mr. Gerber moved to appoint Mr. McDaniel as the City representative to the MORPC Board. Mr. Keenan seconded the motion. Vote on the motion: Mr. Keenan, yes; Mr. Gerber, yes; Ms. Salay, yes; Mr. Lecklider, yes Vice Mayor Boring, yes; Mr. Reiner, yes; Mayor Chinnici-Zuercher, yes. Mayor Chinnici-Zuercher noted that there is a meeting scheduled on Thursday, October 9. COUNCIL ROUNDTABLE/COUNCIL COMMITTEE REPORTS Mr. Gerber thanked Mr. Burns and staff for their excellent job in tree and debris clean-up in the past weeks. He is very appreciative of their efforts. Mr. Keenan: 1. Reported that the US 33 Corridor group met on October 2, and Ms. Grigsby attended. 2. Noted he received a call from a resident of Luckstone Drive, near the Ashbaugh parking lot. They noted sighting of an aggressive fox in the area. He has spoken with Ms. Migliore and Mr. Hahn in follow up and they will provide a report. 3. Welcomed those in attendance from Leadership Dublin. Vice Mayor Boring noted that there was a resignation in September of a P&Z member. She suggested some options for replacement, including reviewing applications from the last search or posting an ad to recruit candidates. Ms. Salay stated she would support posting an ad, as it may result in a larger pool of interested candidates. Vice Mayor Boring stated that she would support reviewing the recent resumes submitted in the last round. Mr. Keenan indicated his support of advertising for candidates. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meet'n October 6, 2008 Page 1 Held 20 Vice Mayor Boring asked if Council wants to establish a date for interviews so that candidates could be aware of the need to be available on that date. Ms. Salay asked if the Commission is functioning well with six members. In view of the many Council meetings required for the City Manager search, perhaps the replacement of a P&Z Commissioner could be delayed. Mr. Keenan and Mr. Lecklider suggested that a Council Member could fill in temporarily. Mayor Chinnici-Zuercher stated she is opposed to that, as there has not been adequate time to thoroughly evaluate whether there is a need to have a Council representative on the Commission. Discussion continued. In response to Vice Mayor Boring's question, it was later noted that the Charter requires that a vacancy be filled within 60 days. The consensus of Council was to proceed with recruitment of P&Z candidates. Manor Chinnici-Zuercher: 1. Encouraged everyone to participate in upcoming library meetings regarding their vision of 2020. The Dublin meeting will take place on Thursday, October 16 at 7 p.m. at the Dublin branch library. 2. Reported that she attended the Ohio Municipal League conference last week and will leave the meeting materials in the conference room to be shared. 3. Noted that four members of Council have not responded to the questionnaire regarding participation in Spooktacular. She asked that everyone respond. 4. Regarding the memo about the Dublin Parade Audit, she would request that before any changes are implemented, that they be brought back for Council consideration. She is in disagreement with some items in the proposed changes. She would recommend this be brought back to Council in sufficient time prior to implementing any recommended changes. 5. Wished Vice Mayor Boring a very Happy Birthday tomorrow! ADJOURNMENT The meeting was adjourned at 9:05 p.m. Mayor -Presiding Officer Clerk of Council