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HomeMy WebLinkAbout10/21/2002 RECORD OF PROCEEDINGS WWW~"$'W""W'$WWW"$"""~WN"'''''~M,~:~I!}~'!::!!~2wM~t"wW''''N''''~wW:""""d"~"_"$d"~"__~,___w,,,,,,,,nlibliIl,,Cii}LNGo,un,clLww,w_~,,,,_MN""'_"W""WdW",W_"w""W__""MW'"""WW_W"""""_ Meeting ,',' ',. ,', . W_'''m_"^""",.w""",,,'w~m_Y/.''''''_/#-=,#M'''''''''''''ft.W_ DAYTON LEGAL BLANK co.. FORM NO. 10146 Helrl October 21,2002 19 Vice Mayor Boring called the Dublin City Council meeting of October 21 , 2002 to order at 7:00 p.m. Mr. Kranstuber led the Pledge of Allegiance. ,.......... Roll Call Council members present were: Mr. Lecklider, Mrs. Boring, Ms. Salay, Ms. Chinnici- 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, Mr. McDaniel, Mr. Stevens, Ms. Hoyle, Ms. Kennedy, Ms. Puskarcik, Ms. Clarke, Ms. Crandall, Mr. Hammersmith, Interim Chief Epperson and Mr. Hahn. Approval of ~nutes 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 further comments on this topic in writing so that they can be addressed. At this time, she stated that the topic should be closed and Council should move on with the agenda. Wallace Maurer. 7451 Dublin Road noted that what the Vice Mayor is saying is out of order on two bases: (1) Citizen commentis for any topic not on the agenda, and this topic is not on the agenda for tonight; (2) There is an issue of authority - the "boss" is the citizenry of Dublin and the boss can at any time demand an accounting of those hired by the boss. Tonight, he is following through on the suggestions made to consult the documentation regarding Mr. Kindra. His research indicates that something out of order and scandalous has taken place. He is merely exerting his sovereign rights as a 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. I 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. ! I I i ! I I, I ':' I I I !i : "!i,'':.;;Hl'!\l1ikHh'ljiil;'lt1il;;H+'-lIt,j'iilJ'-!~'),'Ji!t'j, Ii I' I RECORD OF PROCEEDINGS ~m"m~,,~,~,w~'_mw"m"'hm_w~~MiP21t~~~mh~hL=mh_m'__m'm'__mw"""m'=_m"_'"m"mwmmwhm'_mm"~,_,DllhliUwCi1~=C,Qllllcilm"'~_m='_m='"m~~"~_~~=__=~m_"wm~~mm~_M!:~tiI?-_~m"m~m'~mm=m'w~m,,, DAYTON LEGAL BLANK CO., FORM NO. 10148 Hekl October 21,2002 Page 2 19 Mrs. Boring stated that the apparent consensus of Council is for Mr. Maurer to proceed to address Council tonight. Mr. Maurer noted that recently he visited Urbana, Illinois and Urbana has a City Manager/Council form of government. The University of Illinois is located in the center of the city, very close to the city offices. There is enormous pressure on Council in view of ~ the testimony from many experts at the University on various matters. Mr. Kindra served as the City Engineer for Urbana, and some of his highest recommendations came from a member of Council in Urbana. The reasons given for Mr. Kindra's firing in Dublin were that it was in the best interests of the City and that there was a conflict in management philosophy. Mr. Kindra is an intensely devoted and consumed artist with respect to engineering, and many examples of his fine work exist in Dublin. As Council will recall, at the end of the May 20th Council meeting, the Bishop's Crossing plat issue was tabled for two weeks. On June 3rd, the matter was heard again by Council. He asked if Mr. Kindra was present in meetings which took place during those two weeks. Ms. Grigsby stated that meetings were held with Mr. Hale after the May 20th Council meeting. She is not certain if Mr. Kindra was present. Mr. Ciarochi stated that subsequent to the May 20th meeting, Mr. Kindra did not participate in any of the meetings with Mr. Hale. Mr. Maurer will return at the next meeting for further comments on this matter. Leslie Bender, 5312 Drumcallv Lane stated that she has been competing for a Dublin D.A.R.E. scholarship since her sophomore year. She has recently learned from a Dublin police officer that only sons and daughters of D.A.R.E. officers are eligible for the scholarship. Was this decision made by Council? Interim Chief Epperson stated that this is not accurate - the scholarships have been awarded the past four years, and the only requirement is that the applicant has participated in D.A.R.E. program at some point. There a Committee which screens applications for the scholarships, and scholarship information is provided by the Dublin ~, Schools in February or March of each year. He encouraged her to apply again and to meet with the guidance counselor in this regard. LEGISLATION Second Readina/Public Hearina of Ordinance 124-02 (Amended) Waiving Competitive Bidding for Refuse, Recycling, and Yard Waste Collection Services and Authorizing the City Manager to Extend the Existing Agreement with Modifications for Said Services for a Period of Two Years. Mr. McDaniel reported that details were provided in the staff report regarding the pilot program. The ordinance requests Council to waive competitive bidding, that the Rumpke contract be extended for a period of two years, and that Council would amend the ordinance to authorize the City Manager to enter into agreements for the automated program. The automated program will include 1,200 residents, to be divided into two 600-resident routes. Each resident would receive two 65-gallon containers, and a 90- gallon container would be available if requested - one for refuse and one for recycling. Staff has worked out an agreement with SWACO to front the cost of the bins at $75,000 for the first year, and the bins would be sold to the City to continue the pilot program into the second year at a reduced rate equal to 90 percent value of the container. Rumpke would run a one-pass system in one of the 600-resident routes, and simultaneously will run a two-pass system for refuse and recycling in the other 600-resident route. This would provide an opportunity to assess three types of collection systems: the manual route currently in place, the one-pass system, and the two-pass system. The reason for the second year is that it will allow a second full season of analysis on the two-pass system, and an agreement would likely be entered into in the second year for a second ~ truck to provide that service. The two-pass system would likely be expanded to 1,000 residents per day in the second year. The City would be responsible for funding of one truck lease at $3,500 per month for one year, and likely for the second year. This is an additional cost of $42,000. But by not going out to bid in the current market, the City saves close to $600,000 over two years. The City would have to invest the cost of the lease for two years and buy the bins in the second year, still resulting in a substantial savings to the City over the two-year program. Ms. Chinnici-Zuercher asked for clarification of Item C regarding the lease. Would the City hold the lease? Mr. McDaniel stated that Rumpke will hold the lease and the City will pay Rumpke for the lease cost, with Rumpke paying the maintenance for the vehicle. Ms. Chinnici-Zuercher asked for clarification of the actual amount of savings. 1 I t: I' r 1 hi':' l;;;,iL!jJr1T:1I:JjlHrlI;';~;;;'dlr:rr ',If!, :7ITI,~ dh II I RECORD OF PROCEEDINGS _HoWHoHo_d'"~Ho_~W_~,___,M!n ~=~_21_Ho'How'W'~_W""'_Q_Ho'_Ho'Ho"'Ho"_'HodQ~WHo~W_#w"nublinwCit)LCouncilww__m"~_,_w'~Q_QQ='_~__WW'M_W'"W_WQd~_"Ho'Ho_'WM'W~~et!M~g~Q'Ho_QW_"W'"__" DAYrON LEGAL BLANK CO., FORM NO. 10148 Helrl October 21, 2002 Page 3 19 i Mr. McDaniel stated that the total savings is based on what the City could be paying in the market place - the net savings over two years would be $400,000. Mrs. Boring asked if the vehicle the City pays for would be used in cities other than Dublin. ~ Mr. McDaniel stated that the vehicle is to be used only for the Dublin program, as far as he is aware. The use of the $200,000 vehicle over two years results in depreciation to a 90 percent level. Basically, the City is covering the cost of the depreciation over two years. Mrs. Boring asked what will be done with the containers if the program is not well received. Mr. McDaniel stated that the containers would be sold back to SWACO, or cycled into another program - there are options. The investment in containers is part of the cost of studying the program. In addition, the containers could likely be used in the City's recycling program. Ms. Salay stated that her understanding frol1l the staff report is that Dublin is helping Rumpke by piloting this program. Mr. McDaniel clarified that Dublin will benefit by not going out to bid in terms of enormous cost savings. The pilot program will also assist SWACO in evaluating the automated program for the City and for the region Ms. Salay has concerns with the size of the bins - residents may have objections to housing them in garages. She does understand that there will be an overall cost savings to the City. Mr. McDaniel stated that many areas in the country already have automated collection. He understands the concern with accommodating the bins in some garages, especially the 90-gallon containers. ,.,....... Ms. Chinnici-Zuercher asked if a determination is made in 6 to 9 months that the City does not want to continue the program, is the City still required to participate for two full years? Mr. McDaniel responded that they have not negotiated such a provision. If the program is determined to be a failure, the City will reserve the right to renegotiate this contract. Discussion followed about the computation of the actual savings to the City over the two years. Mr. McDaniel stated that the goal is to obtain the best price available in the current market. The current market rate is $12.75 versus the current $10.29 per month being paid in Dublin. The bottom line is that without implementing the pilot program for automation, the City will have to go out to bid. This is the reality of the negotiation climate. Mr. lecklider stated that he appreciates staffs forward thinking on this matter. He viewed the container at the Service Center and it was not as large as he had anticipated. He understands that it could be difficult to manage within the garage space. Discussion continued. Mayor McCash asked if Council should table the ordinance so that staff can draft an escape clause for the program, if needed. Mr. McDaniel responded that he would recommend that Council approve the ordinance ~ tonight, and give direction to staff to work this out. He is confident that this can be done, and will return to Council if it cannot be worked out. Ms. Brautigam stated if an escape clause cannot be worked out, she will not execute the agreements. Mr. lecklider moved to amend the ordinance to provide for a two-year pilot program, and to authorize the necessary agreements with SWACO and Rumpke, Inc. for their participation in the pilot program. Mr. Kranstuber seconded the motion. Vote on the motion: Mr. Reiner, yes; Mr. Kranstuber, yes; Mrs. Boring, yes; Ms. Chinnici- Zuercher, yes; Ms. Salay, yes; Mayor McCash, yes; Mr. lecklider, yes. Vote on the Ordinance: Mr. Kranstuber, yes; Mayor McCash, yes; Mr. lecklider, yes; Ms. Salay, yes; Ms. Chinnici-Zuercher, yes; Mrs. Boring, yes; Mr. Reiner, yes. ,!Li:r 1~aA:,1iw:-lii.1ldil.... t i ; Jk:IWH-'[ ,wiG:iTIj,lL1JJ:TIf!.I>'j!ti-: t 1 I RECORD OF PROCEEDINGS "_hh"h~'h"~"~h__hw'hnh'~~~n_hh~lh~'!:!~~~h_2!_hh'__h~hh"hW"~"h_nhhh""nwhw~hh'Wh"_hWMh_h__DubliJl~itYh"C,ouJlci1~,"~,_"h~'~~~~hhhh_,wh,w'~h"__hhh"_"'__"~hhh,M.~!:,!!!!lLh'h'h",___,W'hh DAYTON LEGAL BLANK CO., FORM NO. 1014~ Rein 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 jurisdictianal enforcement issues from the Palice divisian have prompted this annexatian petitian to, bring the intersectian into, the City limits, impraving their ability to, enfarce traffic laws in this lacatian. Vate an the Ordinance: Ms. Salay, yes; Mr. Lecklider, yes; Mr. Kranstuber, yes; Mr. Reiner, yes; Mayar McCash, yes; Ms. Chinnici-Zuercher, yes; Mrs. Baring, 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 reparted that this legislatian relates to, a develapment agreement invalving access to, Rings Raad. Ms. Salay asked far an estimated canstructian date. Mr. Stevens respanded that they are targeting spring af 2003. Vate an the Ordinance: Mrs. Baring, yes; Mr. Kranstuber, yes; Mr. Reiner, yes; Ms. Chinnici-Zuercher, yes; Ms. Salay, yes; Mayar 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 rezaning as part af a canditian applied to, a canditianal use. The canditianal use was far a private schaal within an industrial park. This is a dawnzaning which is cansistent with the Cammunity Plan. The site is lacated an the narthwest carner af Avery and Carparate Center Drive and cantains an affice building. The playground and parking are lacated behind, and the access is from Carparate Center Drive. She shawed several slides af the site and surrounding area. The Planning Cammissian recammended approval. Mr. Lecklider stated that in the minutes of P&Z, cancerns were expressed abaut traffic related to, dropping aff af students. Ms. Clarke stated that when the schoo,l first apened, there was traffic lined up on Carparate Center Drive. Once the schaal year was underway, this situatian was resalved with same parent educatian. Vate an the Ordinance: Ms. Chinnici-Zuercher, yes; Mr. Kranstuber, yes; Mr. Reiner, yes; Ms. Salay, yes; Mayar McCash, yes; Mrs. Baring, 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 rezaning far all newly annexed areas which carry Washingtan Tawnship zaning. There are faur parcels invalved in this particular zaning, as shawn an the plan. Currently, the zaning is U-1, an agricultural district in Jerame Tawnship, Unian Caunty. This is an area rezaning ~- spansared by the City and there were no, fees invalved. An area meeting was canvened in July, but nane af the praperty awners attended. There has been no, appasitian to, this zaning actian. The Planning Cammissian recammends approval af the ardinance. Vate an the Ordinance: Mr. Lecklider, yes; Ms. Salay, yes; Mayar 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 ardinance. Ms. Brautigam stated that staff is suggesting this ardinance be referred to, Finance Cammittee far review at their Octaber 28 meeting. A recammendatian to, Cauncil is expected far the Navember 4 Cauncil meeting. I. I I L'.' ri,+'<i]J,jj,.,ijiiih~;~;TL+f ::llFE, IL:I1JJ~rr:k ik,[ ,hLlli :':;~ I :.{ ';;,!ai ill RECORD OF PROCEEDINGS '~~'~'"~~'W~_~,_,~,~"MjE~te~_ of~~"~~~~,~~~~,~,~~~,~,""~,~~,~_~~,,~~~Ilublm,CiiJc.cD,uncil"'"~"'"~~~~"'~'~'~~~~_'"_~~'"~~'~~H~,~",,~~~~~_~ee!!,~~~w~~_,,~~__~ DAYTON LEGAL BLANK CO.. FORM NO. 10148 Held October 21, 2002 Page 5 19 There will be a second reading/public hearing at the November 4 Council meeting and review of the ordinance is scheduled on October 28 by the Finance Committee. Introduction/First Readina of Ordinance 130-02 Authorizing the City Manager to Execute an Agreement Granting an Easement to - Tom Bassett for the Development of Property Located at 35 S. High Street in the City of Dublin, County of Franklin, State of Ohio. Ms. Salay introduced the ordinance. Mr. Hammersmith stated that details of the agreement are outlined in the staff report. He offered to respond to questions. Mr. Kranstuber asked why an easement is necessary to build windows on another building. Mr. Hammersmith responded that a 1 O-foot fire separation is required from adjacent structures and assurance that there won't be structures built within ten feet of this building in order to meet the building code requirements. Ms. Brautigam stated that this is similar to the Eggspuehler property where the structure was too close to the property line. In order tq allow the structure to continue to exist at that location, there must be 10 feet separation from another structure. Mayor McCash stated that it is similar to a sideyard requirement for zoning. Mr. Lecklider noted that the City property is being used to achieve the setback. Ms. Chinnici-Zuercher noted that this property owner is also requesting a stormwater waiver, as the stormwater will be handled in the overall City project in Old Dublin. Mr. Lecklider asked if staff is recommending that the applicant compensate the City at the market rate for the property. He would agree with this course of action. Mr. Hammersmith agreed with taking a similar approach to the one on Darby Street. The easement documents are not ready at this time but will be provided at the second reading. Staff may request emergency action at the second reading, as the applicant has a pending permit. - There will be a second reading/public hearing at the November 4 Council meeting. . Stormwater Regulation Waiver Request - Bassett Property at 35 S. High Street Mayor McCash stated that he assumes that the stormwater waiver is being requested in consideration of the pending stormwater project. Mr. Hammersmith agreed, adding that due to the present nature of the area, it is not entirely feasible to provide stormwater detention and meet the regulations as currently written. Ms. Chinnici-Zuercher moved to approve the waiver. Mr. Lecklider seconded the motion. Vote on the motion: Mrs. Boring, yes; Mr. Kranstuber, yes; Mr. Reiner, yes; Ms. Chinnici- Zuercher, yes; Mr. Lecklider, yes; Ms. Salay, yes; Mayor McCash, yes. Introduction/First Readina of Ordinance 131-02 An Ordinance Providing for a Change in Zoning for Approximately 5.89 Acres Located at the Northeast Corner of Avery Road and Shier-Rings Road, from: RI, Restricted Industrial District (Washington Township Zoning Classification), to: PCD, Planned Commerce District (Case No. 02-105Z - Medex Site - 6252 Avery Road). Mrs. Boring introduced the ordinance and moved referral to Planning & Zoning Commission. Mr. Lecklider seconded the motion. Vote on the motion: Ms. Salay, yes; Mrs. Boring, yes; Mr. Reiner, yes; Ms. Chinnici- ,..-. Zuercher, yes; Mr. Kranstuber, yes; Mayor McCash, yes; Mr. Lecklider, yes. Introduction and Public Hearina of Resolution 40-02 Waiving the Timing and Platting Provisions of Section 153.056 (1)(8) and (J) as Relate to the Platting Requirements on the Cardinal Health, Inc. Development, Commonly Known as the McKitrick PUD. Ms. Salay introduced the resolution. Mr. Stevens stated that this resolution relates to a request for a waiver from Cardinal Health. Essentially, they would like to proceed with their final development plan review by Planning & Zoning Commission, and have the approval in essence "put on the shelf" in order that they will be ready to move forward at a later date with their building permits. They have recently leased 60,000 square feet in the Tuttle area, and plan on adding 285 additional jobs in Dublin by the end of 2002. Representing Cardinal Health tonight are I II itb;:'::II:i;I;';H':~i:)i1j;hh~;rdL,jL:I!I':i !'i:Jhllnrbk,,>il: i!hdl i,ljij;.ru.ti~:~dill-::, 1~1 1 RECORD OF PROCEEDINGS w'''~W~WM_mW~'WMW~'"_"W'W~W"MMLnu !~s ,~~:~K~W~'"'~'~W~~~~~~__~"wM~_,_,_,,~~w_,wDublin.,Cit~L,L:Dllllcil_'MW_W~__M~W'WWM~'~~W~'_~~M_WW_"~"W_~~~~~'___w~~e~!!E~~~'~~'_WWWWMW DAYTON LEGAL BLANK CO., FORM NO 1014~ Rein October 21, 2002 Page 6 19 Connie Woodburn, Tony Gugliemotto, Corey Kerr and Brian Pero. Mr. Stevens offered to respond to any questions from Council. Mayor McCash noted that he met with Ms. Woodburn in regard to this and some other issues. This matter relates to time limits in conjunction with a Planned Unit Development. - Mr. Stevens added that in addition, the dedication of easements and public rights-of-way were already accomplished with the McKitrick PUD. Staff is therefore recommending approval of this waiver. Vote on the Resolution: Mr. Kranstuber, yes; Ms. Chinnici-Zuercher, yes; Mr. Lecklider, yes; Mrs. Boring, yes; Ms. Salay, yes; Mr. Reiner, yes; Mayor McCash, yes. OTHER BUSINESS Report reo Traffic Calminq Proqram (StealthStats) - Interim Chief Epperson Ms. Brautigam stated that Interim Chief Epperson and the Police division have been working on some statistics for Council in relation to the traffic calming issues of concern in the City. Tonight's presentation will focus on StealthStats, the accident rates, and general traffic calming measures being recommended for the City. Interim Chief Epperson noted that his presentation will relate to their efforts in traffic enforcement and education. Most of the activity related to traffic enforcement stems from accidents or traffic complaints. He noted the following: . Accident data is compiled each month, and the top five accident locations are analyzed in order to review the cause factors and how they can be addressed through enforcement. Many times recommendations are made to Traffic Engineering in conjunction with this investigation, i.e., signage, markings, etc. . The top ten locations for accidents are as follows: the 1-270 corridor; Avery- Muirfield corridor from Shier Rings to Post Road; U.S. 33 corridor west of Frantz Road to CR 24; US 33 corridor east of Frantz to Riverside; SR 257/Riverside Drive corridor; Emerald Parkway corridor; Frantz Road corridor; SR 745/Dublin - Road corridor; Muirfield Drive corridor north of Post Road; and the SR 161 corridor Riverside to Sawmill. . He gave a summary of statistics: traffic stops year to date (5,924); traffic citations (4,500); and total accidents (659). The total accidents have decreased by 5 percent over the same date in 2001, and there was a 10 percent decrease in accidents from 2000 to 2001. They are very pleased with this reduction. . He noted that traffic issues constitute only 20 percent of what the Police division does in services each year. . Traffic and speed blitzes have been a very successful tool to reduce accidents. Ms. Chinnici-Zuercher asked if there is a relationship between the opening of Emerald Parkway and other arterials that might be of assistance in the flow of traffic, thus reducing accidents. Interim Chief Epperson responded yes and no - the opening of Emerald Parkway certainly had an impact, but the most significant item was the decrease of construction projects on current roadways, Le., 1-270 and US 33. Ms. Chinnici-Zuercher asked how Dublin's statistics relate to other cities with a similar corporate population. Interim Chief Epperson stated that it is difficult to find a comparable community- Westerville is somewhat comparable, but even they don't have the same influx of workers. The injury accidents have decreased by 7 percent since last year. The incidence of injury accidents in the past prompted response from the Police division to implement measures to reduce these. !'.""'''-. Mr. Lecklider asked for an explanation of the increase of traffic citations by 1,000 over last year. Interim Chief Epperson responded that these are a result of a directed/focused patrol effort. The traffic stops have also increased. The division has focused on top accident locations this year and will do blitzes, issuing warnings. The ratio of stops to citations is typical of what has occurred in the past. . Traffic complaints are generated from many sources. Not all are neighborhood specific, some are more general. The difficulty has been adequately responding to the average of 40 complaints per month. With the use of the Stealth Stat instruments, staff has a tool for data collection regarding speeds. This is a covert way of obtaining data versus having a patrol officer on site which can impact normal patterns of traffic. ,'", I i j RECORD OF PROCEEDINGS ""M~,,,wMww*HmHHH~w_~"_m~"M~m!mesm~i,~m'~'M~mm~'"_'m_~HmmH_"~"~~H'Hm'_mDubliu,Cit~HHC().unciLw~_'H_mHm_'M'"_m"_m_m'M~m_H~'W'~~_'~m MeeE"~B_,w'_~'Hm_'w" DAYTON LEGAL BLANK CO., FORM NO 10148 Helrl October 21,2002 Page 7 19 . The response options to the data obtained are referral to traffic engineering when appropriate, enforcement, neighborhood speed watches, speed display boards, and other educational programs. . The Stealth Stat is a weatherproof box which contains a computer and a regular K-band radar unit. The software provides a lot of analysis. The units can be ~ posted on street signs and other areas. He demonstrated a printout of the data from use of the units. . He then described the operation of the units and the type of data it collects. The 1 a-mile pace eliminates the occasional low and high speeds and shows that the majority were traveling within a 1 a-mile range. . In the packet, he provided summaries of the data of each Stealth Stat deployment which has taken place. . After the data is collected, they consider appropriate responses to be implemented within the traffic districts. If they identify an area in need of significant enforcement, they will do traffic blitzes with a concentrated amount of enforcement in a specific area. . He then showed a case study from Tullymore Drive and described the enforcement activities. StealthStats was deployed for two weekdays for 12 hours each in three areas of Wyndham Village. Tullymore, just south of Karrer Middle School, was identified as a potential problem area due to the large volume of cars (4,000) and the 85th percentile was 35 mph. In other words, 15 percent or 46 vehicles an hour were traveling at least 10 miles over the speed limit. They did six separate blitzes in the area, resulting in 50 traffic stops and 33 citations issued. Eight-five percent of those cited were Dublin residents, with 66 percent living in Wyndham Village. All stopped were adults, not juveniles. Two and one- half weeks following the blitzes, the average speed in the 85th percentile decreased by 3 mph. This indicates that the blitzes were effective, and that this area may warrant some tools to be implemented. - . Another tool is the neighborhood speed watch program which is underutilized. It involves training civilians who clock speeds and license numbers. A letter is sent to the violators. Difficulty is in the lack of participation - it is short-lived. They are looking to recruit volunteers for this effort in the spring. . Speed display boards are used as a visible reminder of speed. They are effective and have the capability of obtaining statistics. When people encounter these, they do slow down. . A new program to be implemented is a direct mail piece to the Wyndham Village residents. It will summarize what has been done to address the speeding issues. The hope is to secure the support of the residents in keeping their neighborhood safe. . School Resource Officers teach safety and traffic law to middle and high school students. . All of the survey data compiled will be available on the website very soon for public consumption. He offered to respond to any questions. Ms. Chinnici-Zuercher stated that two interesting outcomes in the Tullymore area are that the speeders are adults and that they live in the neighborhood. She suggested an article in Dublin Life focusing on the responsibilities of the citizens in these areas. It is especially important to adhere to the speed limits in school zones. She encouraged staff to continue to deploy a variety of methods in this ongoing effort. -- Mr. Lecklider asked how the Westbury residents were distinguished from those who live in Wyndham Village. Interim Chief Epperson stated that 66 percent did actually live in Wyndham Village- they were able to identify them by address. Many of the remaining 34 percent were Dublin residents traveling to Karrer Middle School for school activities. Mr. Kranstuber agreed with Ms. Chinnici-Zuercher's observation that it is generally not students who are speeding, but adults. However, has a mandatory education program been considered which would be specific to high school students to increase their awareness of the risk of speeding? Interim Chief Epperson stated that the School Resource Officers have a variety of lessons plans to use in the appropriate circumstances, Le., OMVI related accidents, etc. They do teach the responsibilities of the new driver, and the program is currently being expanded. Ii I I' i,i ;;;HPHi;Hi' ; did! '.Iii dill, ;l~'id q. ! RECORD OF PROCEEDINGS "~"~M_"m"_m,,~,,_,,~,_,,_~nu !e~~~~_,~~m_~m~"~'~Qm$Q_m"'~m~_~~~$"_w~,,mUuhlilLQCit;y;,,Co.llllciLh_m'~'mQ~_~W~m__m~Q'Q~Qm~~~_,,_,w.~'m"'_h~~$'_ M~et!E1L'_Q",m",mW,,'~mm_ DAYTON LEGAL BLANK CO., FORM NO. 10148 Held October 21, 2002 Page 8 19 Mr. Reiner asked if there is any correlation to the way communities layout their subdivisions, the pattern of setbacks, etc. that would reduce the hazards in these neighborhoods. Interim Chief Epperson stated that he would be hesitant to think he is knowledgeable in - traffic engineering decisions. One commonality among these high accident areas is a large volume of traffic. With that many vehicles using the roadway, there will be accidents. The number one cause of accidents is not maintaining assured clear distance. Mr. Reiner stated that from a planning perspective, there are similarities in these areas - perhaps arch and tangent layout would slow traffic. Interim Chief Epperson stated that there are pros and cons for this - with one way in and one way out of a subdivision, crime is deterred. But from a traffic perspective, many are forced to use one roadway. The areas in Wyndham Village where problems were experienced were the straight-aways without curb cuts. Curved roads do slow traffic. Mr. Reiner asked if staff believes speed limits are too low in some areas, such as along Post Road. Interim Chief Epperson responded that there are some areas where speed limits may be too low. From his perspective, he looks at the best use of the resources and where and why to use them. Post Road is a straight road with few residents, and not much pedestrian traffic. From a Police perspective, he would choose to do enforcement on Tullymore Drive where accidents can be prevented. On the other hand, because of its proximity to the Justice Center, Post Road is an area often targeted for enforcement. Ms. Salay stated that the City does need to look at planning for the future. The streets are built wide, which may encourage people to travel faster. Neighborhood connectivity - was viewed as a positive thing, but long stretches of roadways with lots of driveway cuts carry a large volume of traffic through a 25 mph zone. She would advocate narrower streets to slow traffic and larger street trees. She asked for clarification about the ten mile per hour pace. Interim Chief Epperson stated that it demonstrates the range within which the majority of vehicles are traveling. It avoids having the data skewed by one or two speeding vehicles. Interim Chief Epperson stated that enforcement is a balancing act. There are limited resources and they want to focus on areas where they can make a difference. In the past, the challenge has been to respond to a large number of complaints effectively. With the data collected from StealthStat, they hope to focus on areas which warrant an enforcement response. Mr. Lecklider commented that speed humps do not slow the SUV's and trucks, in his observation. He asked when the data will be available on the City's website. He is also interested in being apprised of the mailing date for the letters to Wyndham Village residents. Interim Chief Epperson stated that he will meet with Community Relations on Wednesday, and the data will be available on the site very soon. Ms. Salay stated that she believes that in a neighborhood, someone traveling 20 percent over the speed limit of 25 mph should be cited. She strongly favors enforcement in neighborhoods. In addition, speed blitzes are needed in the areas adjacent to the high -- schools. She has had many complaints from the Tara Hill residents regarding high school speeders. Interim Chief Epperson responded that over the years, many blitzes have been done in this area and along Hard Road. They are currently in the beginning stages of identifying areas where more enforcement is warranted. Again, it is a balancing act of using the resources effectively. Mrs. Boring asked if school buses are cited for speeding. She has observed buses traveling 45 mph on Hard Road. Interim Chief Epperson responded that they certainly do cite school bus drivers who speed. Mrs. Boring stated that on the summary sheet, the maximum speed on Monterey Drive where there are speed bumps is 32 mph and the 85th percentile was less than 25 mph. This seems to support the installation of speed bumps. >ii: i RECORD OF PROCEEDINGS e~"_"'~W'WW"__w'~m"m~Hm_"__HM!!];!!~es _2i~"~""H~'H_'~~m"m~'"m,~~,w=m_HH"~='_"Hm'"Hm"D"ublin.",CitJlH,CQunciL"=,"=~m_Hm=HH"'W~~HH~"_~"~__m_'_""m~_~~et~~.[_,wmmmHHm_H~mH DATION LEGAL BLANK CO.. FORM NO. 10148 Helcl October 21, 2002 Page 9 19 I Interim Chief Epperson stated that the volume on Monterey is also very low. Mrs. Boring stated that if enforcement is driven mainly by complaints, Riverside Drive is certainly an area where there are many residents concerned with speeding and safe turn movements. She will encourage them to continue to complain. ...-.... Interim Chief Epperson stated that many citations have been issued in the northern part of Riverside Drive in order to reduce the accidents. Report Reqardinq Dublin Villaqe Center - Mike Stevens. Economic Development Director Ms. Brautigam noted that a Council Member brought up the issue of the Dublin Village Center and the City's concern with the fact that this retail area is failing. Mr. Stevens had already prepared the document included in the packet in regard to the status of retail businesses in Dublin and is present tonight to provide details. Mr. Stevens stated that the Economic Development division had assembled a status report on retail centers in response to a perception that retail throughout the community was experiencing a downturn. . Staff selected 8 retail centers in the City and identified the total square footage and what was available. The national average of vacancy in retail centers is 7 percent and 11 percent in Columbus. Dublin's retail vacancy rate was 20 percent. But removing the Dublin Village Center brings the vacancy rate to 7 percent. . Over the past five years, the DVC's occupancy has steadily declined. The Center is owned by Developers Diversified of Beachwood, Ohio. Continental Realty developed the center in 1987; in 2001, the appraised value was just under $33 million, including the BJ's site. Developers Diversified does not own the BJ's site, but it is part of the center. The property taxes paid by the Center in 2001 were $760,000. - . Many of the tenants who left moved to the Columbus side of Sawmill. In talking with the property owner and retail experts in the area, they have indicated that it is a "buyer's market" and that the northwest area of Columbus is "over-retailed." In this case, many of the tenants moved across the road to obtain better visibility, larger signage, and improved access. . The retail competition in the past five years has been intense with the opening of Easton, Lennox Center, and Polaris. In terms of potential, DVC will not be able to recover what it once had in the retail Columbus market. He envisions some type of mixed-use development with some life center elements of Easton - more restaurants and more destination-oriented businesses - which would appeal to those who don't want to drive to Easton. . Another potential with the mixed use is for office space. The access is good from 1- 270. However, the downside is that the office market in Columbus is soft with a 15- 20 percent vacancy rate. . A conference center may be an option in view of the location, but a high-end anchor hotel would be needed. The downside is that Dublin currently has too many hotel rooms and it would be difficult to attract that type of investment. . A senior living facility is another option. . All of these are possibilities. He would envision the City partnering with the property owner - the property owner has expertise in retail centers, not in mixed use. However, they have indicated a willingness to work with the City. . The property owner has suggested some ideas - including an auto mall, or redeveloping the Center with a second story and securing a major department store .....- anchor. Ms. Chinnici-Zuercher stated that her question remains what is Dublin doing? What is the City's vision for this area? Mr. Stevens responded that the City's involvement has been limited. The City has taken a "hands-off' approach to retail and has supported office development because of the income tax revenue stream it generates. Personally, he would advocate partnering with the property owner to understand what it would require to redevelop this into something similar to Easton. He would also like to have feedback from Council on their vision for this area. The City has not incentivized or subsidized retail development in the past. They have relied upon private investment to support retail development. Mr. Kranstuber agreed with the concept of an Easton-type center. He would advise caution regarding government's in this process and what is an appropriate investment in this effort. If the Lowe's and BJ stores are taken out of the calculation, he suspects that the percentage .1.f.IH.r: IJ:II.h. rlblililir lI:illi'IL~,,;II i , I RECORD OF PROCEEDINGS ~""$"'~~""m~m~_~",w~"'_'~mm,,,~~n!!!es ~of ~~"_~~m_m~~~m_w~~_"'''''m~m~'~Q""~wm",D~ub1in.,,Cit~mColln.ciL,w_"'_mw'_~"m""_~w_~"mw~~'~_'"'$~_",,~~,,,~eet!~~~"~'m~m"m""m~mQ. DAYTON LEGAL BLANK CO., FORM NO. 1014Cl Helcl October 21, 2002 Page 10 19 of occupancy would be closer to 30 percent. He wonders what the intention of the owner is in view of the rapidly declining occupancy of the center. He would question the commitment of the owners to the ongoing viability of the Center. Mr. Stevens responded that the owners have pointed to the signage and the access issues as factors in the Center's decline. He has told them that the signage issues are something .- they will have to overcome - that Dublin is committed to strict signage laws. They've talked about the need for better access from Snouffer Road, but there is full access at a number of locations. He believes that the Center was part of a larger purchase for the group, and their focus has not been on the DVC. Mr. Kranstuber stated that he doesn't believe signage would make a significant difference. Many retail centers have challenges, such as traffic gridlock. If there is a destination which attracts customers, signage does not make a difference. Mrs. Boring stated that retail is a fickle business. Her question is what are the developers doing - are the rents too high? The Boulevard Restaurant had issues with securing workers. Council had previously passed legislation regarding big box retail in response to concerns about what happens when these businesses fail. She is concerned with a mixed- use area, in view of what has happened with The Continent in Columbus. She shares the concerns about investing taxpayer dollars. Mr. Reiner stated that this is a landholder problem - the blame is not on the City. If the vacancy rate for retail aside from this Center is 7 percent, there is no need for concern. Maintaining the quality in Dublin will at some point bring redevelopment in view of the city's demographics. With some creativity, the problems are resolvable. He would not advocate action on the City's part at this time. Mr. Kranstuber stated that he views the appropriate City action as a facilitator - linking the ~ owners with people in Central Ohio and educating them on the City's vision for this area. He would not support a large subsidy to address this issue. Mr. Kranstuber commented that the Center was built with quality elements - brick, archways, ironwork - and the surrounding residents were very pleased with the appearance. He believes that it will be regenerated at some future point. Mr. Stevens stated that with the Emerald Parkway bridge opening, the access to the Center has been improved. Mayor McCash stated that BJ's obtained sign variances, and requested gas pumps to improve their business. Mr. Stevens responded that BJ's was never able to penetrate the Columbus market. Ms. Chinnici-Zuercher stated that Mr. Stevens' memo includes a reference to requesting Boulevard Strategies to provide a proposal on repositioning. Mr. Stevens responded that Boulevard Strategies has responded that there is not potential for straight retail in that location. Based on Council's input tonight, he believes staff needs to continue to work with the property owner and work with those interested in moving retail to Dublin. Ms. Chinnici-Zuercher added on a positive note that the Center has been maintained, and that the owners must continue to be held accountable to maintaining the appearance. Mr. Stevens stated that the owner has been extremely responsive to any requests regarding -- maintenance issues for the Center. Mr. Lecklider stated that he agrees with facilitating this effort for the Center. He is not willing to support City funding of the effort to a large degree. He agrees that Tuller Road and the Emerald Parkway bridge have opened up a new market for the Center. He pointed out that two of the most successful centers in Dublin - Perimeter Center and the Shoppes at Athenry - have very restrictive signage. Mr. Stevens stated that the retailers in Perimeter Center continue to complain about the visibility from the roadway. Staff will likely be proactive and will work with Community Relations to encourage corporate residents to patronize Perimeter Center. He has some concerns that when leases expire in a year or two, the lack of visibility from the road could impact tenant lease renewals. , 'IBr,'-r',R~!1'..iCt!'jH;':!t,Wt:,Ji~'t1fd!n,r,:J!L:~~!' ,;HHlIWH1!'VJI',IFf!llli'~Fllttl1l't'Jjc~.'M'; r I' . I RECORD OF PROCEEDINGS ~"'U_~~="U_""~'W~~"U"Q~~"~~,Mi!l~~,, of ~=_U~"'''"''_'~=''=_"''''_''''__''__~''="~"W~""",QubliuwCJi}C,CD1JnciL"w="Q'Q"""'~_U""__~""~u~,,_,,~W'""U_"'""_"_~_u ~~ti~I:L_",~~,"U"'='~' DAYTON LEGAL Bl..)l.NK CO., FORM NO 10148 October 21, 2002 Page 11 Heln 19 Mr. Lecklider commented that the property owners and businesses must market aggressively. The right business or a good restaurant will attract many customers - it is not an issue of signage. .- Mrs. Boring stated that if economic times improve, perhaps a conference center could be considered for this location. Ms. Salay stated that the strict signage laws should be maintained. She notes that Trader Joe's asked for a variance to obtain a taller sign, and now the sign is obscured by trees. She reminded everyone that with the extension of Tuttle Crossing from Wilcox to Avery, it is important to be cognizant of what is desired in terms of the character of the roadway. She does not want to see another Sawmill Road situation. Council needs to focus on their vision for the area and must be proactive. Stormwater Requlation Waiver Request - Old Dublin Town Center II Parkinq Lot Mr. Hammersmith stated that is a similar situation to the Bassett property stormwater waiver. Staff recommends a waiver for this parking lot in view of the design difficulty to accommodate the current regulations, and in view of the pending stormwater improvements in Old Dublin. Ms. Salay asked if Town Center I is a public lot to serve all of Old Dublin. Ms. Brautigam responded affirmatively. Ms. Salay stated that she observes signage recently installed specifying "Customer Parking Only." She assumes this refers to parking for the retail businesses at that location. Ms. Brautigam stated that staff is aware of this issue. The owners of those businesses are concerned about employees from other businesses in Old Dublin parking there for the entire day. Staff has discussed limiting the lot to two-hour parking, but more input is ,.-- needed from the merchants and customers in the area. The "Customer Parking Only" signage was installed to deter employee parking. There are some employers who will not police their employees and will not instruct their employees not to park in that location. Ms. Brautigam added that when Town Center II is developed, staff will work with the owner of that Center on signage changes. Ms. Salay moved approval of the stormwater regulation waiver. Mr. Reiner seconded the motion. Vote on the motion: Mayor McCash, yes; Mr. Lecklider, yes; Ms. Salay, yes; Mrs. Boring, yes; Mr. Reiner, yes; Ms. Chinnici-Zuercher, yes. Final Plat - Shannon Glen. Section 6 (Case No. 01-026FDP). Ms. Clarke stated that this is a final plat for 1 9 lots located along Brand Road. Planning Commission approved this in April of 2001 with 13 conditions. Mrs. Boring noted a concern with the area on Lombard Way - will it be landscaped? Ms. Clarke stated that she assumes it will, but is not certain. Mrs. Boring asked how this could be addressed in view of the recent situation on Violet Vale Court. Ms. Clarke stated that a condition could be added requiring that the inner area along Lombard Way be landscaped with street trees. Ms. Chinnici-Zuercher moved to approve the plat with this additional condition. Mrs. Boring seconded the motion. Vote on the motion: Mr. Reiner, yes; Mrs. Boring, yes; Mayor McCash, yes; Mr. Lecklider, yes; Ms. Salay, yes; Ms. Chinnici-Zuercher, yes. r--- Final Plat - Park Place. Section 2 (Case No. 01-033FP). Ms. Clarke stated that this plat includes 32 lots, and Planning Commission approved it on September 5, 2002 with 12 conditions. It complies with the preliminary plat, and improvements are in place. Nick Cavalaris. 37 W. Broad Street stated that he represents the applicant and is available to respond to any questions. Issues raised at previous hearings including the road widening and pond grading have been addressed. Mr. Kranstuber moved approval. Mr. Lecklider seconded the motion. Vote on the motion: Ms. Salay, yes; Mr. Lecklider, yes; Mr. Reiner, yes; Mr. Kranstuber, yes; Ms. Chinnici-Zuercher, yes; Mayor McCash, yes; Mrs. Boring, yes. I I I I ill '" I I ,,- - -,- ,--" "."J;':''';''-'l.<_'_'''''''''''''''",''\",''''H''l'~lll_'''_n ',- -"":r/"'n_:;I':W-Il__'{~1'~'U''''.rIll':~~n1''FF:1II''"- fi: I' _" I RECORD OF PROCEEDINGS "W~_~"'~_"@_'~"W",~""~~_w"w",,,,@MinllleS,,,,Qi,,.~~,,,,~,~,,~.,,,,",,,,,~@~,,w~,,@,,,,~,~,,~@-,,w,,,,-,w@,,~~,,w""Bttbfm,e-ity,€t)ttfteil'''''''''',"W''W''W'''~'~~'''_''~'_''''W'''''_''~''_'~''''_~'''''''_~_W''w"w"Me,eling_""~""w,,,~,,,,,~, DAYTON LEGAL BLANK INC FORM NO. 10148 Held October 21, 2002 Page 12 , (YEAR) Final Plat - Amberleiqh North. Section 3 (Case No. 98-086FDP). Ms. Clarke stated that this complies with the preliminary development plan and was approved by the Planning Commission with 21 conditions on October 1, 1998. Ms. Salay moved approval. - Mr. Lecklider seconded the motion. Vote on the motion: Ms. Chinnici-Zuercher, yes; Mr. Lecklider, yes; Ms. Salay, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr. Kranstuber, yes; Mayor McCash, yes. Ms. Clarke added that this also completes a section of Memorial Drive. Waiver of BuildinQ Permit Fee - Columbus Crush and The Chiller Ms. Brautigam reported that this item came up at the last Council meeting. Staff has now had the opportunity to research this issue. Mr. McDaniel has discussed the matter with the operators of the Chiller. The City does not have an issue with them using the identified area as another dressing room. The owners have been working with Mr. Price, Chief Building Official to determine what needs to be submitted to obtain a building permit. Staff is recommending that the building permit fee of $463.50 be waived. In response to Mayor McCash, Mr. Price responded that this includes the state fee of $13.50. Ms. Salay moved to waive the building permit fees as outlined by Ms. Brautigam. Mr. Kranstuber seconded the motion. Vote on the motion: Mrs. Boring, abstain; Ms. Chinnici-Zuercher, yes; Mr. Reiner, yes; Mr. Kranstuber, yes; Ms. Salay, yes; Mr. Lecklider, yes; Mayor McCash, yes. Staff Update re Southwest Community Pool Ms. Brautigam stated that Mr. Hahn will provide the update. Mr. Hahn stated that his memo outlines the work done to date by the design team. The idea of having two separate bodies of water has been reintroduced, and the reasons for ....-. that are outlined in the report. Briefly, upon review of the plans by some of the operating staff for pools, they advocated reconsideration be given to two separate bodies of water. Mr. Kranstuber stated that he notes there are wood shake roofs, natural timbers, and wood louver shutters on the plans. If cost becomes an issue, can some of these be modified? Mr. Hahn agreed that this could be done if necessary. Mr. Kranstuber asked for clarification regarding the segregated pools. Mr. Hahn stated that they are talking about the same square footage. They asked the consultants in general for their estimate of the premium on construction costs for separating the pools and they estimated this at $100,000. They are not asking for an increased budget tonight; they are instead reintroducing the concept of separate pools. Mr. Kranstuber stated that in regard to the three-meter board, he understood that cities have sovereign immunity. So why would there be a huge liability for this item? And if properly designed, could someone prevail in a lawsuit against the City? Mr. Hahn responded that staffs position is not based on fear of losing a lawsuit; it is instead focused on what other entities are doing and the desire to have a platform stairwell because of operational issues with the 3-meter boards. In addition, there is not a programming need for a 3-meter board at this time. Ms. Chinnici-Zuercher supports the concept of two separate pools. The reasons outlined support the desirability of having separate pools. ~ Ms. Salay pointed out that staff is very cognizant of the cost issues and is committed to working within the budget. She understood that Council was intrigued with the idea of two separate pools, but abandoned this, as it was cost prohibitive. Upon further study, staff has found that it is not cost prohibitive and there are benefits to having two separate bodies of water. The group has been working very effectively to address a variety of issues involved. Mr. Lecklider asked where the 3-meter board would be located. Mr. Hahn responded that it would be housed within the lap pool. Mayor McCash asked if staff is seeking concurrence from Council in regard to the two pool concept. I I Ii' I I Iii 'l:,ld"HI.I'!ii' Lihid:CUL:liIH!,iHiliHlcib 'Jlil I . , RECORD OF PROCEEDINGS ""'''"''''''~'',"'''~'m'"''w~~mw""~~",,,w~Minules,,,Qf,,,,,~,,,,",,~~,,~""m,"m~,,,,~,,,,-,-,,~,"w"_"mm~"~'~"m,_~"~,-,,Bttblifl€itY~'€Ottnei'l:w~""w,,"~'~"'m"'w~"'''m'''"m''m'''''~''''~''''_W~~'W,,_'"'''~~m_,ww_"n~"n_w"MeJ~;:ling"~,ww,",,,,,_~,,, DAYTON LEGAL BLANK INC. FOAM NO 10148 Held October 21,2002 Page 13 , (YEAR) Mrs. Boring stated that she has some concern with the distance to the restrooms as shown on the plan. Another issue to be considered is long-term maintenance costs, and that should be a consideration in the selection of materials. Mayor McCash summarized that the consensus of Council is to endorse the concept of - two separate pools. Information from Staff re Ohio Power Sitinq Board Mr. McDaniel stated that he has provided information on the membership of the Board and their process as it relates to the transmission line upgrade. There are 11 members, 7 of whom are voting. There are four non-voting members - two state senators and two state representatives. At a minimum, there are two basic hearings before an Administrative Law Judge. If adjudication hearings become necessary, the Administrative Law Judge oversees them. Once those have taken place, this item would be reviewed by the Ohio Power Siting Board at a regularly scheduled meeting and they would render a final decision. Mayor McCash asked for an update on the negotiations with AEP. Mr. McDaniel responded that he has requested information from AEP regarding cost breakdowns of the proposed routes and additional options that may be considered by AEP. He has also requested various costs related to burial of transmission and distribution lines on various routes. The City's consultant met with AEP's engineers on Friday and has a good sense of what would be needed for burial of transmission and distribution lines. Staff is continuing to move forward on this matter. Ms. Salay asked when the analysis from the meeting would be available. Mr. McDaniel responded that he does not have cost information from the meeting. The consultant will send him a summary of the meeting, but most of the information will be provided in response to the letter which was sent to AEP. Mayor McCash asked if the discussions with AEP remain positive. ~ Mr. McDaniel responded that AEP has indicated to the consultant that they are working very expeditiously to respond to the City's requests. He views the process as very positive, and AEP has been very cooperative and responsive. Ms. Salay stated that Mr. McDaniel and Ms. Brautigam met with her and some of the citizens last week. The residents were very appreciative of the time spent to explain the process. Mr. Kranstuber suggested that staff continue to work toward a solution. Mr. McDaniel added that the City Manager has authorized the Legal Department to closely monitor what AEP is doing in terms of filings with the OPSB and to review any legal recourse the City may have. Legal staff is also meeting with the OPSB staff to better understand the process. STAFF COMMENTS Report re House Numbers Painted on Curbs Ms. Brautigam stated that staff was contacted by someone who wanted to initiate a fundraiser for a school organization involving painting house numbers on curbs and soliciting donations from the homeowner. Staff is not endorsing this program, but wanted Council's input. In any case, the organization would be required to comply with the Peddlers and Solicitors ordinance. Mr. Kranstuber agreed with staff's assessment of this program, as outlined in the staff memo. Mr. Lecklider agreed with the staff recommendation. -- Ms. Chinnici-Zuercher suggested that staff write a letter to the School Superintendent indicating that we do not encourage this program for fund raising activities for school organizations. Ms. Brautigam agreed to do so. Report re Victims Assistance Proqram Ms. Brautigam stated that Council requested that staff investigate this type of program. Mr. Kranstuber and the Police Chief had attended a conference and learned about a program in Charleston, SC in which visitors to their community who were victims of crime could obtain assistance. Interim Chief Epperson has reported that their city is obviously much larger than Dublin, and the assistance was generally provided to victims of serious crimes - not the typical crimes that occur in Dublin. Therefore, the staff recommendation is that this program is not something needed in Dublin. I I'. 11 "j-lilhiJ,i,lr l,j.I,..I.i ,(!I,liI! H u""" T , , RECORD OF PROCEEDINGS w~,ww~w"_~,,,w,,_#_,,,,_#,#,,_"~Minutes,,,,oi,,,,~,,,,w,,,,"._,,,~~,,,,w"~"~~",,,w~~,w~,,w,,,,,,,,,~,,,,,,,,,,,,w,w'~"Bublm~~eit;:y.e(:}tlflei+,w~,,,ww""",#,,,,,,",,__,,,,,~~, Meeting '''''''''''''=HhN/'''_~/U''''''N~__#'__N''''''M'HHh'''''''#", ^ "'" . '_m"'''''_'~#H'=H,'b''', DAYTON LEGAL BLANK INC. FORM NO 10148 Held October 21,2002 Page 14 , (YEAR) Mrs. Boring stated that she had understood this matter was referred to the Community Services Advisory Commission. Ms. Brautigam stated that staff's understanding is that the matter referred to the Commission was not this program, but instead a review of what type of victims assistance programs in general could be offered. The Commission is reviewing that matter at this ".,.-., time. Mr. Kranstuber stated that there were several cities which offered such a program for visitors who were victims of crime, but he agreed that they were for the most part larger cities. Mrs. Boring reiterated that she would prefer this matter be referred back to the Commission. Mr. McDaniel stated that the Commission has been reviewing several programs, but they have not made a specific recommendation. Interim Chief Epperson clarified that there were two separate issues - one relating to the aggravated burglary on Brandonway and how a victims assistance could be organized; the second issue related to the one raised by Mr. Kranstuber involving community visitors. The Commission is still working on the issue raised by Mrs. Boring related to the Brandonway crime victims. Ms. Brautigam stated that based on tonight's discussion, the report will be taken back to the Commission to be reviewed. Report re Waterline Shutdown - Wyandotte Woods. Section 2. Phase 2 Ms. Brautigam stated that this was merely an information item for Council. Notices have been sent to the affected residents. Report re Implementation of Entry Fee Structure for St. Patrick's Dav Parade for Political Candidates and Non-Dublin Businesses Ms. Brautigam stated that this is an informational item regarding a change in the fee ,..--, structure for the St. Patrick's Day parade. Staff will evaluate this change after the St. Patrick's Day parade to see if it should be implemented for the July Fourth parade as well. Ms. Chinnici-Zuercher asked what prompted this change in the fees. The outcome would seem to be a reduced level of participation in the parade. Ms. Brautigam responded that staff is attempting to recover costs to some small extent. In addition, the parade can be overly long and staff would like to encourage local participation versus that from out of town political candidates. Mr. Kranstuber stated that the intent would then be to improve the quality of the parade and generate additional revenues. He asked legal staff if it is constitutionally appropriate to discriminate against political candidates as opposed to commercial entities. Ms. Readier responded that if a court would review this, it would be analyzed from the standpoint of equal protection. The categories delineated would not be suspect classifications and would be analyzed under a rational basis review. If a basis can be articulated for drawing a distinction, it will stand. Mr. Kranstuber stated that he is not supportive of implementing such charges. Communities such as Upper Arlington do not charge entry fees. It seems unnecessary. Ms. Chinnici-Zuercher stated that perhaps the number of units in each category could be limited, and they could be filled on a first come, first-served basis. This would limit the length of the parade without charging fees. Ms. Puskarcik pointed out that in terms of limiting numbers in various categories, typically, the local, volunteer run groups are the late submissions. Mrs. Boring noted that another issue is that some members of the Dublin Chamber of Commerce may be located outside of the City, but may expect to be considered a local ,,--, business due to their Chamber membership. Mr. lecklider stated that as a practical matter, he doesn't believe a $100 fee will dissuade political candidates from participating. Ms. Brautigam stated that staff will pilot this fee structure for the St. Patrick's Day parade and will report back to Council following the parade. Mr. Reiner agreed with this course of action. COUNCil COMMITTEE REPORTS/COUNCIL ROUND TABLE Ms. Chinnici-Zuercher: 1. Reminded everyone of the Finance Committee meeting on Monday, October 28 at 6 p.m. for hotel/motel tax grant application review and for review of the cost study update. All members of Council are welcome to attend. , I I II ';:1'. HI.LI", ''"' II I RECORD OF PROCEEDINGS '~"'~"W,"'W""~""~"'~~'~~'W"",_"~~nuteBw,Qf","w,,~,,_,,,,,,"",""""w_~"-"w'~~,"-"~""~~""-",,,,~,,,,",,~,w~"-"~'~Btlbli:rt,~€-tty,,e-&tlfle'i:},-"~"""~,~.~,,,,,,~~,"W~-~-"~- Me"eting ~ "'".,.,"'""" """''''''''''^''/''I7'''''''''''''''''ff''''''r'''''Wn'''ff'UH'''''.''''_m''''~'' """_~"'''''''ffh'''''h,'''m DAYTON LEGAL BLANK INC. FORM NO. 10148 Held October 21,2002 Page 15 , (YEAR) 2. Noted that the Columbus Dispatch contained an insert in yesterday's paper regarding holiday volunteer opportunities in Central Ohio. This can be posted at businesses, and if anyone desires additional copies, she can provide them. Mr. Kranstuber asked about the status of the P&ZlCouncil dinner meeting. Is it - scheduled for Thursday evening? Ms. Clarke responded that it is scheduled for Thursday, October 24 at 6 p.m. at LaScala Restaurant. Mrs. Boring asked about the agenda. Ms. Clarke stated that an agenda is being prepared at this time. Ms. Chinnici-Zuercher asked about the anticipated length of the meeting. Ms. Clarke stated that dinner is scheduled for 6:30, and an ending time can be included, based on Council's desires. Ms. Brautigam added that input has been sought from P&Z members regarding agenda items, and she is working with Ms. Clarke to finalize the agenda. Items included at this point are variance procedures versus a rezoning for minor changes for planned unit developments, discussion regarding issues of density and transportation in the Community Plan, the UDC task force and the representation from P&Z, and establishing a follow-up meeting in approximately six months to ensure regular meetings between Council and the Commission. Ms. Chinnici-Zuercher noted that this is an unmanageable agenda in the time period allotted. It is impossible to have in-depth discussion of all of these items in a short period of time. Ms. Brautigam stated that she doesn't believe in-depth discussion is needed on these topics - there needs to be a 15-minute discussion about each one. Perhaps more frequent meetings with the Planning Commission would be a good idea. The Commission has indicated a desire for input from Council and dialogue with Council. The agenda can be structured within the desirable timeframe. ""'.--;- Ms. Salay added that many of the members are new and are very interested in open communication with Council members. Ms. Chinnici-Zuercher stated that she does support dialogue with the Commission, but it is not reasonable to cover these topics In two to three hours. It would be preferable to set quarterly meetings to have in-depth discussion on these items. Ms. Clarke stated that the topic of variances in planned districts is a difficult issue. The topic of P&Z representation to the TaskForce for the UDC will be a simple matter. The other agenda item is to have people begin to think about an update for the Community Plan next year, as the Plan was adopted in 1997. Mrs. Boring stated that P&Z would welcome quarterly meetings. There is some interest by the Commissioners in exploring portions of the Community Plan, Le., density and transportation to learn if Council continues to support what is contained in the Plan. Mr. Lecklider. Public Services Chair reminded the Committee that Wednesday, November 6 has been set as the hearing date for the petition for water services from the Cara Court area. He believes it is the consensus of Council to postpone review of the Indian Run petition until a policy recommendation regarding water and sewer service has been provided from the Community Services Advisory Commission. He spoke briefly to Mr. Hammersmith and asked that staff communicate this to the residents of Indian Run. Ms. Brautigam stated that an e-mail was sent to Council today by an Indian Run resident in regard to a Committee hearing date. Staff will respond to it. Mr. Lecklider added that he is aware that a joint meeting date for the Public Services and Community Development Committees for traffic calming is needed as well. ~ Mrs. Boring asked why the Committee is planning to proceed with a hearing on the Cara Court petition prior to receiving the CSAC recommendation. Ms. Salay responded that the rationale is that the CaraCourt problems are related to the golf course. Mrs. Boring stated that she does not agree with moving forward on the Cara Court petition prior to the Indian Run petition. Ms. Salay stated that residents are waiting to make decisions about well replacements in the Cara Court area, and if they are to obtain City water, they need to know. Mrs. Boring stated that there is a lot of lead time involved with installation of a water line, so wells would have to be replaced if they are needed prior to the time that water service would be made available. ii Ii IT Iii .Hljn .:1: 'i~H I RECORD OF PROCEEOINGS "W"'~""~""'""'~~"mo~,~,~,_,_",w,MinUl,eB""Qf..",",w_"",W"_'~..""~m"~'"''''W_"mo_"~''"~"~''W",~"",""~,w''-''mBttbhtl:''€ity,,.e,t)ttfletl~...w""-,,,,,,,~,,,w""_mo~"'.w,mo'''~'~'_~'~''~fr_~W'''"~_'''_'W'W''..,..Meeting""_",~..,,~,,_",, DAYTON LEGAL BLANK INC. FOHM NO 10148 Held October 21,2002 Page 16 , (YEAR) Ms. Salay stated that the Cara Court residents were told by Council and in meetings with staff that their request would be handled expeditiously by the Public Services Committee. Mrs. Boring stated that if a policy is being developed, both groups should wait. The City has restored and fixed the wells on Cara Court so that there is no longer an emergency - situation. Mayor McCash agreed that if the wells were brought back to the condition prior to the golf course construction, then everyone should wait for the policy recommendation. Mr. Kranstuber stated that he believes the minutes should be checked - his understanding is that the Cara Court issue was on a separate track. Mr. Lecklider stated that his recollection is similar - a representation was made to the Cara Court residents about the hearing date due to the context in which the problems arose. It was always understood that a waterline installation would take more time. At a minimum, the Committee should keep the commitment to hear this expeditiously. Mrs. Boring stated that a commitment was also made to Indian Run to consider their petition, and it was submitted prior to that of Cara Court and should be considered first. Mr. Kranstuber suggested having the Clerk provide copies of the minutes related to these matters. Ms. Chinnici-Zuercher asked when the recommendation from CSAC will be available to Council for a policy discussion on water and sewer extensions. Ms. Grigsby responded that the Commission has requested additional information from staff and they hope to have a recommendation at their November 12 meeting to forward - to Council. Mr. Lecklider summarized that CSAC may have a recommendation ready on November 12. The Public Services Committee hearing was tentatively scheduled for November 6. Ms. Chinnici-Zuercher suggested that staff request from CSAC that the policy recommendation be completed at their November 12 meeting. Discussion continued. Mr. Kranstuber asked what will be included in this policy. Mr. McDaniel responded that it will be somewhat modeled after the traffic calming policy. Criteria will be established in order to evaluate the need, and based on need, prioritization will be done. Simultaneously, an assessment of engineering costs for extensions and hook-ups will have to be done. Other issues may arise with failing wells in a neighborhood or poor quality of water in wells, and this will require another policy decision about the practicality of hooking up a few homes to service versus an entire neighborhood for similar costs. Franklin County recently made a decision to subsidize hook-ups for long standing problematic neighborhoods, based on failing systems. Ms. Salay pointed out that at the capital budget hearings, staff indicated they could provide service to Cara Court for @$300,OOO and recommended moving forward with the project. It was related to the Avery Court widening project and involved an entire neighborhood versus one or two wells. The City caused the problems being experienced by the Cara Court residents. - Mayor McCash asked for a motion from Council. Ms. Salay moved to address the Cara Court issue on November 6, based on the commitment made to them by Council and by staff. Mr. Kranstuber seconded the motion. Vote on the motion: Ms. Salay, yes; Mr. Lecklider, yes; Mr. Kranstuber, yes; Mrs. Boring, no; Mr. Reiner, no; Ms. Chinnici-Zuercher, no; Mayor McCash, yes. Mayor McCash commented that he has supported the motion in order to proceed with the meeting. He added that he is somewhat concerned about hearing this prior to the recommendation from CSAC if the immediate well problems for Cara Court have been resolved. Mrs. Boring asked that the Clerk provide copies of the minutes regarding these petitions. She cautioned that in the future, staff should be cautious about making commitments. . I I: I.[TIII.I:I 'J~..I' I I : RECORD OF PROCEEDINGS :,w,w""w"",,,~,,~,,,,ww~,,,,_,,_,,,,~,",,,,MinuteB,,,,Df,,~,,,,~~,,,,~~,,.~"w",~,,,-,,~w,w,,~,,w~,,w,,-,,-,,,,w,,,w~,-,w~w'''BOOlin~ity~€"Ottneil''~"""'~'-'~""~"WM"~"~~"W'''~'"~'_'W__""~__~",w".__~_w",,Me~Jing.,~,_"~,,.~~,,~,,~ Held October 21, 2002 Page 17 , (YEAR) Mr. Lecklider summarized that the Committee will meet on Wednesday, November 6 at 7 p.m. Ms. Salav stated that with news of the pending BJ's closing, she wants to make certain - that they keep their commitment made in the P&Z process to remove the gas pump (, ! facility and take care of any environmental issues. Mr. Ciarochi responded that staff is working to ensure they have the appropriate bonding prior to closing of the business. Mrs. Borino stated that: 1. The Ballantrae Park dedication was a very nice event. 2. She attended the farewell party for Terry O'Connell of Time Warner, and he made very favorable comments about the City of Dublin and City staff. Mr. Reiner wished Assistant Law Director Jennifer Readier a Happy Birthday and invited everyone to share a cake in the Conference Room. ADJOURNMENT Mayor McCash moved to adjourn the meeting. Mrs. Boring seconded the motion. Vote on the motion: Mr. Lecklider, yes; Mr. Kranstuber, yes; Mayor McCash, yes; Mrs. Boring, yes; Ms. Chinnici-Zuercher, yes; Ms. Salay, yes; Mr. Reiner, yes. The meetin was rne a 11 :20 p.m. ~ ~c2 ~ Clerk of Council ~