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HomeMy WebLinkAbout05/05/2003 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 May 5, 2003 Held 20 Mayor McCash called the Dublin City Council meeting of Monday, May 5 to order at 7:00 p.m. in Council Chambers at the Dublin Municipal Building. Mr. Reiner led the Pledge of Allegiance. Roll Call Council members present were: Mayor McCash, Vice Mayor Boring, Ms. Chinnici- Zuercher, Mr. Kranstuber, Mr. Lecklider, Mr. Reiner and Ms. Salay. Staff members present were: Ms. Brautigaum, Ms. Grigsby, Mr. Smith, Mr. McDaniel, Mr. Ciarochi, Chief Epperson, Mr. Harding, Mr. Hammersmith, Mr. Hahn, Ms. Clarke, Ms. Crandall, Ms. Puskarcik, Ms. Hoyle and Ms. Gibson. Approval of Minutes of April 7,2003 Regular Meeting Ms. Salay moved approval of the minutes as submitted. Ms. Chinnici-Zuercher seconded the motion. Vote on the motion: Mayor McCash, yes; Ms. Chinnici-Zuercher, yes; Mr. Reiner, abstain; Mrs. Boring, yes; Mr. Kranstuber, yes; Ms. Salay, yes; Mr. Lecklider, yes. Approval of Minutes of April 21, 2003 Regular Meeting Ms. Chinnici-Zuercher moved approval of the minutes as submitted. Ms. Salay seconded the motion. Vote on the motion: Mr. Reiner, abstain; Mr. Kranstuber, yes; Mrs. Boring, yes; Ms. Chinnici-Zuercher, yes; Ms. Salay, yes; Mayor McCash, yes; Mr. Lecklider, yes. Correspondence The Clerk reported that no correspondence requiring action was sent to Council. SPECIAL RECOGNITION/PROCLAMA TIONS EarthWeek Poster Awards Mayor McCash presented certificates to the winners of the EarthWeek Poster Contest. The following elementary school students received awards: Mackenzie Baumgartner, Wyandot; Zeenath Ameen, Riverside; Jennifer Breseman, Scottish Corners; Prathamesh Varun Kulkarni, Thomas; Takafumi Nakahara, Deer Run; and Emily Barwinski, Chapman. Dan Sullivan. Memorial Tournament Director, addressed Council regarding the economic impact of the Memorial Tournament. He was accompanied by Chris Stiffler, Tournament Administrator and Steve Lyons, Director of Sales & Marketing. He reported the results of an economic impact study of the Tournament, conducted by HPM, a national data analytics firm. Over the past ten years, the Tournament's impact on the Columbus metropolitan area economy is estimated at $345 million, generating more than 5,200 new jobs. He also reported that of the $36.5 million generated in 2002, $22 million is considered "new money" which was circulated into the local economy in 2002. Fans who attended the Tournament from outside Central Ohio spent nearly $11 million, with $5 million spent on hotels and lodging. He acknowledged the positive working relationship the Tournament enjoys with the City of Dublin, which is a key factor in the success of this PGA Tournament. They are looking forward to a fantastic Tournament this year. He presented each Council member with a personalized Tournament golf cap. Mayor McCash thanked Mr. Sullivan for providing this update to Council and acknowledged the hard work of Tournament officials. Motion to amend Resolution 22-03 Mayor McCash noted that an additional location has been identified for trash collection on the Tournament grounds, at 10573 Dublin Road, and this address should be included in the waiver of the noise ordinance for the duration of the Tournament. Mayor McCash moved to amend Resolution 22-03 to include 10573 Dublin Road in the waiver of the noise ordinance for trash collection during the Tournament. Ms. Chinnici-Zuercher seconded the motion. Vote on the motion: Ms. Salay, yes; Mr. Reiner, yes; Mr. Kranstuber, yes; Mayor McCash, yes; Ms. Chinnici-Zuercher, yes; Mrs. Boring, yes; Mr. Lecklider, yes. CITIZEN COMMENTS Wallace Maurer, 7451 Dublin Road noted that at the last meeting, he presented to Council the "apparent, actual arguments" that lie in back of the firing of Balbir Kindra. Council did not indicate at the meeting that there were other reasons. He noted that one was overlooked, but he will not bring that up tonight. It is evident that what occurred on May RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 May 5,2003 Page 2 Held 20 20, 2002 was 90 percent of what caused the firing. He was present at the May 20, 2002 meeting and has reflected upon what transpired at the meeting many times. He has reviewed the minutes of the meeting, and has discovered in it a "situational argument" which caused the events of the evening and which justified the action that night by Balbir Kindra. The discussion that evening was generated by a Council Member in relation to an ordinance to rezone an area from rural to low density residential. Ms. Clarke commented at the end that nothing in the ordinance was "set in stone," as there was no preliminary plat filed at the time. Upon review of the dynamics of the evening, he discovered that Mr. Lecklider came with concerns which he wanted to be addressed at the outset of the rezoning to avoid a similar situation to the Meadows at Wyndham Village. Mr. Lecklider's desire was to have one combined homeowners association for the two areas of Bishop's Crossing and Bishop's Run to avoid placing the burden of maintenance upon a small number of homeowners. He wanted this addressed at the time of rezoning to avoid later problems. The second issue began with a reference to crosswalks. Mayor McCash noted that the time allotted for the comments has now expired. He asked Mr. Maurer for the purpose behind his comments- what is the goal to be achieved? Perhaps at the next Council meeting, Mr. Maurer could take 30 seconds to refresh Council's memory about where this is headed. The remaining 4-1/2 minutes could then be spent in conveying the information he is trying to communicate. The other option would be to submit this in writing for the public record. Mr. Maurer responded that he prefers to do this orally in public. He agreed to take 30 seconds or less to refresh Council's memory of the purpose of his comments, and will then continue with the presentation of the arguments. Greq Roberts, 5557 Ashford Drive, River Forest subdivision presented a petition from the residents for direct access to the bike path for safety reasons. He explained that the neighborhood is requesting that this access be provided via a bike tunnel from River Forest Road under Dublin Road to connect to the existing path, which runs along Amberleigh subdivision. River Forest was established in the 1960s and is located two miles north of Old Dublin. It includes 115 homes, 300 plus residents, and 100 plus school-aged children. The subdivision has been a relatively self-sufficient neighborhood - water and sewer was installed after the fact. The issue presently is with the lack of connection to the bikepath. Access currently requires traversing Route 745, with high volume and speeds of traffic. Traffic is increasing due to development to the north. In addition, there are hills obstructing the vision from the two roads that exit the subdivision onto Dublin Road. All residents in their neighborhood are using the bikepaths, experienced as well as beginning bikers. They anticipate that with school budget cuts in the future, the busing will be eliminated for most of their neighborhood, and children will be required to walk to Bailey Elementary. A significant number of residents have signed the petition for a bikepath tunnel. The River Forest subdivision is the only development from Old Dublin to the Reserve that is not connected to the bikepath. With 115 homes, they should be given consideration. In addition, this is a safety issue, which will only worsen. He asked that Council give consideration in the upcoming budget for a tunnel under 745 at this location. Ms. Chinnici-Zuercher asked Mr. Hahn for some background on this topic. Mr. Hahn responded that he has spoken to some of the residents and indicated that Council direction would be needed to proceed. The original bikepath design for Dublin Road had the entire length on the western side of Dublin Road. After the Amberleigh development was proposed, and the developer was required to install bikepath along that frontage, a decision was made to switch the path from west to east to take advantage of sections built by developers. There was never any conscious decision to exclude River Forest from a connection. He agreed that there is difficulty in access for these residents now that the bikepath is constructed. There were preliminary alignment plans done for that side of Dublin Road, and perhaps a north leg of the path on the west side of the road could be an alternative to a tunnel. Ms. Chinnici-Zuercher agreed that in view of the expense of the tunnels, perhaps an option is extending a path section along the west side of Dublin Road. The same access issue was raised at Brand Road for those on the east side of the street. Perhaps staff could provide some estimated costs of these alternatives. Bristol Commons has also requested consideration of a tunnel, and alternatives were to be explored. Mr. Kranstuber pointed out that there is a substantial difference between crossing Brand Road and Dublin Road due to the terrain and the volume/speed of traffic. He agreed that RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 May 5, 2003 Page 3 Held 20 a ballpark cost should be provided for a tunnel and a west side section. Mr. Hahn stated that he believes staff could provide a fairly accurate cost estimate for such a tunnel, based upon the ones built at Memorial and at Brandonway. Mrs. Boring asked for an estimated date for a staff report. The residents have brought this issue of access to Council previously. Mr. Hahn responded that he could bring information from the files for review at the next Council meeting. The two options would be a paved piece on Dublin Road to connect to existing bikepath to the north or south, or installing a tunnel at one of the two entrance points to River Forest. To review options beyond what has been previously studied would require more time. Ms. Brautigam summarized that staff will provide the best information possible by the next meeting, and in any case, information will be provided for consideration at the CIP hearings. LEGISLATION SECOND READING/PUBLIC HEARING - ORDINANCES Ordinance 46-03 Accepting the Lowest/Best Bid for the Darree Fields Parking Lot Expansion Project, and Declaring an Emergency. Ms. Brautigam reported that there is no additional information from staff on this item. Mr. Kranstuber moved for emergency passage. Ms. Chinnici-Zuercher seconded the motion. Vote on the motion: Ms. Salay, yes; Mr. Lecklider, yes. Mr. Reiner, yes; Mr. Kranstuber, yes; Mayor McCash, yes; Ms. Chinnici-Zuercher, yes; Mrs. Boring, yes. Vote on the Ordinance: Mr. Kranstuber, yes; Mrs. Boring, yes; Mayor McCash, yes; Ms. Salay, yes; Ms. Chinnici-Zuercher, yes; Mr. Reiner, yes; Mr. Lecklider, yes. Ordinance 47-03 I Amending Section 31.06 (Code Enforcement Officers) of the Dublin Codified Ordinances to Permit Code Enforcement Officers to Enforce Parking Regulations on Public Property. Ms. Brautigam reported no changes subsequent to the last reading. Vote on the Ordinance: Mr. Lecklider, yes; Ms. Chinnici-Zuercher, yes; Ms. Salay, yes; Mrs. Boring, yes; Mayor McCash, yes; Mr. Reiner, yes; Mr. Kranstuber, yes. INTRODUCTION/FIRST READING - ORDINANCES Ordinance 48-03 Appropriating A 0.041 Acre, More or Less, Fee Simple Interest for Additional Right-of- Way, a 0.462 Acre, More or Less, Fee Simple Interest for Existing Right-of-Way, and a 0.186 Acre, More or Less, Temporary Construction Easement, from Lisa M. Johnson and Carolyn M. Quinn, Located South of Rings Road and West of Wilcox Road, City of Dublin, County of Franklin, State of Ohio, and Declaring an Emergency. (Southwest Calming - Phase 4) Ms. Salay introduced the ordinance. Mr. Smith stated that staff is working with the property owner on a settlement. He recommends adoption by emergency tonight. Ms. Chinnici-Zuercher moved to dispense with the public hearing and treat this as emergency legislation. Ms. Salay seconded the motion. Vote on the motion: Ms. Chinnici-Zuercher, yes; Mr. Reiner, yes; Ms. Salay, yes; Mayor McCash, yes; Mr. Lecklider, yes; Mrs. Boring, yes. Vote on the Ordinance: Mr. Reiner, yes; Mrs. Boring, yes; Mr. Lecklider, yes; Ms. Chinnici- Zuercher, yes; Mayor McCash, yes; Ms. Salay, yes. Ordinance 49-03 Authorizing the City Manager To Execute and Grant a Deed Of Easement (Storm Sewer Easement) to Edwards Golf Communities, LLC, Located South of Woerner- Temple Road, City of Dublin, County of Franklin, State Of Ohio, and Declaring an Emergency. Ms. Salay introduced the ordinance. Mr. Smith stated that this is a deed of easement for the project known as the Villas at Ballantrae. Engineering and Legal have both reviewed this. Mr. Reiner moved to dispense with the public hearing and treat this as emergency legislation. Ms. Salay seconded the motion. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 May 5,2003 Page 4 Held 20 Vote on the motion: Ms. Chinnici-Zuercher, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mayor McCash, yes; Ms. Salay, yes; Mr. Lecklider, yes. Vote on the Ordinance: Ms. Salay, yes; Mr. Lecklider, yes; Mayor McCash, yes; Ms. Chinnici-Zuercher, yes; Mr. Reiner, yes; Mrs. Boring, yes. INTRODUCTION/PUBLIC HEARING - RESOLUTIONS Resolution 25-03 Expressing Opposition to House Bill 95 Relating to the Proposed Changes to Municipal Taxes That Are Not Revenue Neutral. Ms. Salay introduced the resolution. Ms. Brautigam stated that the Ohio Municipal Task Force, chaired by Faye Gibson has been working with the state legislature to resolve issues with changes to the municipal income tax collections. At this point, there is agreement on what is proposed except for the requirement for cities to offer a five-year net operating loss carry forward. Currently, the City does not offer that. If forced to do this, the City's tax revenues would decrease. Adoption of this legislation authorizes the City Manager and Mayor to send a letter to the legislators indicating the opposition to HB 95, and suggesting substitute language. Ms. Chinnici-Zuercher noted that Ms. Gibson made a presentation on these issues at a recent MORPC Board meeting. She suggested that Ms. Gibson provide additional insight. Ms. Gibson stated that subsequent to the MORPC luncheon, meetings were held with the Ohio Chamber, the Ohio Society of CPA's, the OML, and the Ohio Department of Taxation to draft substitute language. One of the senators will be asked to amend that language into the budget bill. At the last meeting, there was general agreement to strike the language. However, until it is introduced as an amendment to the budget bill, it is important to make the legislators aware of the City's position. Ms. Chinnici-Zuercher moved approval of the Resolution, and to authorize sending a letter to the legislators. Mrs. Boring seconded the motion. Vote on the Resolution and motion: Mr. Lecklider, yes; Mrs. Boring, yes; Ms. Salay, yes; Ms. Chinnici-Zuercher, yes; Mr. Reiner, yes; Mayor McCash, yes. OTHER . Fee Waiver for Rezoning Application - Kinetics Noise Control, 6300 Irelan Place Ms. Clarke stated that a letter from Kinetics was enclosed in the packet, a BZA Board Order from October, and a summary from staff. The value of the fee waiver is $1,800. Kinetics was before BZA for a variance relating to fairly substantial reductions in side and rear yards. It required three hearings, and the variance was granted in conjunction with an agreement to contract the existing uses through a Planned Commerce District rezoning. They have followed that up by submitting a rezoning application, but they are requesting a fee waiver due to the nature of the rezoning being made in response to the City's request. Mayor McCash noted that in view of the proposed zoning code changes underway, would that not address the permitted uses in the industrial district? Obviously, there are other restricted industrial uses throughout the City. Ms. Clarke stated that this is a good point. The industrial district effort underway has three goals: (1) creation of a light industrial zone district to be used for most of the businesses with this type of zoning, eliminating the RI, LI and GI districts; (2) to contract the list of uses because is not likely to attract a foundry or other heavy land use permitted in those districts; and (3) lowering the side yard and rear yard standards commensurate with a group of lighter districts. The unusual aspect of the Kinetics case was the high ratio of building to land, and the general concern that the next user of the property would have little space to add parking. Mayor McCash stated that the only variance the property has at this time is for side and rear yard setbacks - not for parking. Ms. Clarke responded that in this zone, the parking requirements are based on the number of employees on the largest shift, plus 1 per 1,000 square feet of warehouse space, plus any fleet vehicles. Mayor McCash asked if they have a pending building permit. Ms. Clarke stated that upon obtaining the variance, they had the right to build the building after obtaining the building permit. Mr. Temple is present tonight for questions. Mayor McCash asked if there is really a need to change this to a planned district, if the zoning code changes will address these issues? RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 May 5,2003 Page 5 Held 20 Ms. Clarke responded that she is not certain what changes in the zoning code will be adopted; this action addresses the specific issues with the site as it currently exists. Mr. Reiner asked if this has been done previously and what precedent it will establish. Ms. Clarke responded it has been done a couple of times. There was a daycare center to be placed in an industrial zone, and a condition was attached via a conditional use to raise this to the lighter of the industrial zones. It is not often done. Mr. Reiner asked if fees have been previously waived. Mrs. Boring responded that this is a case where the City requires the rezoning, so there would be a basis for such a waiver. Mr. Kranstuber moved to approve the waiver of rezoning fee for Kinetics Noise Control, Inc. based on the fact that the Board of Zoning Appeals imposed this condition upon the applicant. Mrs. Boring seconded the motion. Vote on the motion: Mr. Kranstuber, yes; Mr. Lecklider, yes; Mayor McCash, yes; Ms. Salay, yes; Ms. Chinnici-Zuercher, yes; Mrs. Boring, yes; Mr. Reiner, yes. . Request for Permission to Serve Alcohol in Coffman Park - Dublin Kiwanis Ms. Brautigam stated that the Dublin Kiwanis have made this request and will present this to Council. Scott Van Der Karr, Event Chairman, Frog Jump, Dublin Kiwanis noted that this is the 38th year for the Dublin Frog Jump. He noted that several members accompany him tonight, including Dave Amorose, Dan Sutphen and Jack Popovich. The City has already approved a hotel/motel tax grant for the event in the amount of $4,000 for City services and they are grateful for the support. He noted that the event was moved to Coffman Park last year and incorporate rides and food, resulting in raising the income from the event from $5,000 to $15,000. Their goal in the next couple of years is to raise the level to $50,000. He added that 100 percent of the monies raised are returned to the Dublin or Franklin County area. Fifty percent of the money is allocated to the Rosemont Center. They donate monies to high school scholarships in Dublin, to the D.A.R.E. program, and to the Boys and Girls state programs. They are requesting expansion of the event by having permission to sell alcohol in Coffman Park and to expand the time of the event to 8 p.m. The vendors have requested an expanded time for sales. Alcohol would be sold from 4 to 8 p.m. They would work with the Dublin Police regarding necessary coverage, and the grant monies would be used to pay for the safety services required. The concept includes adding bands and celebrities to sign autographs during the 4 to 8 p.m. time period. Ms. Salay asked how the Kiwanis would guarantee that there would not be incidents of underage alcohol sales. Judge Van Der Karr that this would be handled in a similar manner to the Dublin Irish Festival. The businesses would have employees checking identification of patrons. Ms. Salay noted that the volunteers at the Irish Festival are responsible for checking ID's and are trained by City staff. There is a lot of concern about underage alcohol sales and the need for a good system to check ID's. Judge Van Der Karr responded that they are willing to use whatever system the City requires for this function. Mr. Kranstuber asked if there has been staff review of the proposal. Ms. Brautigam responded that staff has not actually reviewed the proposal. Informally, staff believes this is an event for children and it is inappropriate to have alcohol. Judge Van Der Karr noted that the frog jump is a youth event, but as they move to the 4 p.m. to 8 p.m. time period, new individuals would attend the band event. They want to draw a certain population segment for each part of the day. Their goal is to increase profits to fund the causes they have outlined. Mr. Lecklider noted that for him, another concern comes from the proposed expansion of the event with bands through a later hour. The adjacent residents will be imposed upon once again, over and above the special events held each year. Judge Van Der Karr responded that this event would be held south of the tennis courts and east of the amphitheatre. This should ensure that the alcohol and noise would not impact the neighborhood. This is not a late evening event - it will end at 8 p.m. in order to avoid impacting the neighbors. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 May 5,2003 Page 6 Held 20 Mr. Lecklider commented that he does not doubt the Kiwanis' resolve to have a good event and to control it - his concern is more with the people who will attend and those who will be attracted to bands and alcohol. Mr. Kranstuber noted that he does not necessary have concerns about what is being proposed, but does understand the concern about mixing alcohol with a family event. He recalls that several years ago a Labor Day event was held at Metro Center with beer and brats. Ms. Puskarcik responded that this was held one year in conjunction with the bike race. Mr. Kranstuber stated that this was a popular event, and perhaps the Kiwanis could do something similar on the Labor Day weekend. Has the group considered doing such a separate event for more fundraising? Judge Van Der Karr responded that their group is a volunteer organization, and adding another major event would not be feasible. For this reason, they wanted to enhance the Frog Jump event. Mayor McCash noted that he has always viewed the Frog Jump as a children's event - how will this band event be advertised? Will it be separate? Judge Van Der Karr responded that the advertising would be for the 38th Annual Frog Jump and Festival. The attempt would be to clearly advertise the demarcation with the time for the two events. The name identification is important and they would not want to change it. Mr. Reiner stated that this is a great "American classic" event. He has concerns with tainting that image with the later night event. He is willing to support this, if it is to draw a separate group from the children's group. Ms. Chinnici-Zuercher stated that she spoke with Mr. Sutphen about the proposal. She is very opposed to serving alcohol in the park. It is mixing "apples and oranges" to combine these events. In this setting, it also has the potential of drawing the 16-21 year old crowd and related underage drinking problems. She also shares the concerns about the impact on the neighborhood, including Post Road, Shannon Park and Tara Hill. For these reasons, she will oppose the request. Mrs. Boring agreed, noting that this is a City park and it is important to be protective of the environment. Other groups, such as the Smooth Jazz group, were directed to other locations in Dublin for such events - not to this residential area. The Dublin Arts Council has a great turnout for the summer concert series at Scioto Park and only ice cream is served. Alcohol is not necessary for the event. Mr. Kranstuber moved to approve the request for permission to serve alcohol. Mr. Reiner seconded the motion. Mayor McCash proposed the following conditions: that they clearly advertise the band event as separate from the frog jump and that ID's are checked by volunteers who receive training similar to that provided for the Irish Festival. Judge Van Der Karr agreed to these conditions. Mr. Kranstuber accepted the amendments and added that the approval would be for the 2003 event only. Mr. Reiner seconded the amended motion. Vote on the motion: Mrs. Boring, no; Mr. Kranstuber, yes; Mr. Reiner, yes; Ms. Chinnici- Zuercher, no; Mayor McCash, yes; Mr. Lecklider, no; Ms. Salay, no. Judge Van Der Karr thanked Council for their consideration of the request. STAFF COMMENTS Council Discussion . Proposed Channel Improvement Project at Clover Court - Status of Implementation and Project Update Mr. Hammersmith stated that a memo was included in the packet regarding the current status of the proposed channel improvements for Clover Court. He noted that presently, the project is supported only by Mr. Thomas. The Muellers have indicated they are not interested, and Mr. Giorgianni has not returned an acknowledgment form regarding participation. With the recognition that engineering work is needed in order to prepare to go out to bid, he would like to have some feedback from Council. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 May 5,2003 Page 7 Held 20 Ms. Salay stated that the project was problematic from the outset. The various factions in the neighborhood have complicated the effort to obtain consensus on the project. The issue is whether the City should go in and improve the channel against the wishes of the residents, or whether the City should do nothing - leaving some residents at risk of flooding. Two upstream properties have opted out of the project and have agreed they will do flood proofing on their own properties. The remaining properties are the three downstream properties - Mueller, Thomas and Giorgianni. Personally, she has wrestled with what is the right thing to do. The Muellers maintain that they received approval from City administrators 20 years ago for the improvements in their back yards. It is now evident that the improvements have impacted the flow of stormwater and increase the flooding risk for other property owners. Mr. Thomas would likely argue that the project should move forward; Mr. Giorgianni would likely agree with the project; but the Muellers have no interest in having the project done. They have indicated they would not voluntarily participate. The project cost is estimated at $187,000. Mr. Reiner noted that at the outset, residents indicated a major concern with the problems. At this point, their concerns seem diminished. Should the Muellers be instructed to remove the obstructions to protect the neighbors' safety? What is the risk if the City does nothing? Mr. Hammersmith responded that the initial concern of the residents was primarily erosion of the channel and its impact on their properties, and secondarily, the volume of water in a major storm event. Staff acknowledges that stream erosion has occurred, and much is related to the dynamics of the channel, which has been altered by residents over the years for aesthetic reasons. Through the modeling, it has been found that there is a risk of structural flooding in certain storm events for various residents. All of the five properties in the original project - Tordoff, Brantley, Mueller, Giorgianni and Thomas - are at risk of structural flooding from the five to 100 year storm event. The Giorgianni property remains at risk for a two-year storm event. Mr. Kranstuber asked if Mr. Thomas is aware of the lack of support of the other property owners. Mr. Hammersmith responded that he is aware. He wants the improvements made because of the potential risk to his home. He also wants a uniform channel improvement as it extends across the properties. Ms. Salay added that the City bears some responsibility because the City should not have permitted the walkout basements on these properties. The rock wall which restricts the flow of water also should not have been permitted. Mayor McCash noted that the homes were built by a builder after the subdivision plat was approved. Elevations are a builder issue, not a City issue. Mr. Hammersmith added that the building regulations have advanced over time, and walkout basements and where they are permitted are now indicated on the grading plan. Ms. Salay added that the City has not managed the stormwater easement uniformly to ensure that it remains unobstructed. So both the City and the homeowners have contributed to the present situation. Mayor McCash stated that there are many similar situations throughout the City in relation to the easements. In this case, the residents came to the City for a solution, but the residents cannot now agree on its implementation. The calculations met the stormwater design guidelines in place at the time of development. At this point, the City could either remove the obstructions or could do nothing. Ms. Salay stated that the City has an easement to convey stormwater to the river and has the right to maintain it. Leaving the easement as is leaves the other property owners at risk of flooding. Mayor McCash stated that he believes the City should require the homeowner to remove the obstruction or the City should remove the obstructions which block the channel. Mr. Hammersmith stated that the difficulty is with access through Monterey Drive. Logistically, the project would be difficult and expensive. Mrs. Boring asked for a staff recommendation. Mr. Hammersmith stated that in this case, there is not neighborhood support. He believes that at a minimum, the City should correct and halt the erosion problems for Mr. Thomas, RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 May 5,2003 Page 8 Held 20 restoring the channel on his property. It could be done as part of the annual stormwater maintenance program. Mr. Reiner asked if the City has any liability for this situation. Mr. Smith responded that he has provided a legal opinion to Council on this matter. He believes the City does not have liability for this situation. There is no good solution. He agrees with Mr. Hammersmith's suggestion to correct the erosion problem for Mr. Thomas. Mr. Kranstuber asked if there are minor modifications on the Mueller property that could be made. Mr. Hammersmith stated that they have constructed vertical walls in the channel itself, which have restricted and narrowed the channel. What has been proposed is to recreate the channel that originally existed, which requires removal of these walls. Mr. Ciarochi noted that the Mueller property has the bend in the stream, and this is where they installed the wall. The wall constricts the flow. If the goal is to address the Mueller property, then the City should proceed with the $187,000 storm channel improvement project. If the Mueller property is not to be addressed, the City should proceed to work with Mr. Thomas to address his erosion problem. Discussion followed. Mr. Kranstuber suggested that the City take the conservative approach, in view of the dissention in the neighborhood. There can be further consideration given to the options in the future. He moved to have the City lend assistance as much as possible to Mr. Thomas, leaving the other properties as they currently exist. Mr. Reiner seconded the motion. Ms. Chinnici-Zuercher noted that she will support this motion, but this will only delay the fix. Her concern is that the neighbors brought the concerns to the City, but now that a solution has been proposed, they do not want it. Mr. Lecklider stated that the Mueller wall was built in the City's easement, and if there were a way to do it, he would support removing the wall. Mr. Hammersmith agreed that access is the issue. Mayor McCash commented that because Mr. Mueller has blocked the easement, he might have responsibility for flooding of upstream neighboring properties. The City should send him a letter notifying him that he must remove the wall. Ms. Chinnici-Zuercher stated that if the City is aware of this problem and does not take action, does the City then have liability? Mr. Smith responded that the City does not have liability in this case. Mrs. Boring asked if there is access through the cemetery. Mr. Hammersmith stated that this would be disruptive to the cemetery. Further, there is a substantial grade difference and it would impact existing vegetation. Mr. Lecklider noted that he is somewhat intrigued with Mayor McCash's suggestion that the property owner be required to remove the obstruction. Mayor McCash summarized that there should be a compromise with the residents. The City has a recorded easement and the property owners did this without permission from the City. Perhaps the City should fix the channel as it deems best. Mr. Hammersmith corrected his earlier statement: the Muellers have risk only at the 100- year storm as it exists. Therefore, they see no benefit to disrupting their property. Mr. Kranstuber clarified that his motion is not to proceed with the proposed channel improvement, but at the same time, to provide every assistance possible, whether in- house or through the City's stormwater maintenance contract, to assist Mr. Thomas and Mr. Giorgianni with their erosion problems. Mr. Reiner seconded the motion. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 May 5, 2003 Page 9 Held 20 Vote on the motion: Mr. Reiner, yes; Mr. Lecklider, yes; Mayor McCash, yes; Mr. Kranstuber, yes; Ms. Chinnici-Zuercher, yes; Mrs. Boring, yes; Ms. Salay, yes. . Development Proposals in the Hayden Run Road Corridor in the City of Columbus Mrs. Boring moved to direct staff to send the letter as drafted. Mr. Kranstuber seconded the motion. Ms. Chinnici-Zuercher asked that the letter be hand delivered in view of the timeframe. Vote on the motion: Mayor McCash, yes; Mr. Reiner, yes; Ms. Salay, yes; Mrs. Boring, yes; Mr. Lecklider, yes; Ms. Chinnici-Zuercher, yes; Mr. Kranstuber, yes. Ms. Salay asked if staff will attend the meeting and if they will testify. Ms. Brautigam responded that Mr. Hammersmith and Ms. Clarke would attend the meeting. It is unclear whether there will be an opportunity for them to testify. Information Onlv . Dublin History Book Project Mr. Kranstuber stated that he is pleased to serve on the Advisory Board for the book. Mrs. Boring noted that Scott Weber, who taught English at Dublin Coffman might be a good resource for the project. Ms. Puskarcik stated that information has already been obtained from him. Ms. Chinnici-Zuercher noted that Larry Frimerman is moving out of the City and staff may want to consider other candidates to serve on the Advisory Board. Mr. Lecklider asked how the list of Advisory Board members was determined. Ms. Puskarcik stated that these were from suggestions made over the past few years. If there are other candidates for the Advisory Board, they can be added. Mr. Reiner suggested Ron Jezerinac as another candidate for the Board. He is very familiar with the 1980s history. . Pool Groundbreaking .",,<, Ms. Puskarcik noted that the groundbreaking is being scheduled for Monday, May 19 at 5:30 p.m., immediately prior to the Council meeting. Mr. Reiner asked about the availability of additional tables for the July Fourth event. Ms. Puskarcik responded that all Council requests for an additional table must be received by tomorrow morning, as the layout of tables is being done for the Wednesday morning sale. . Futurist Presentation Ms. Clarke stated that Dr. Marvin Cetron is available to speak on May 13. He will analyze ten trends which most pertain to Dublin as a fast growing municipality in the state of Ohio. He will spend the day in Dublin, and staff has suggested an opportunity for a dinner meeting with Planning Commission and City Council. It was the consensus of Council to schedule dinner with Dr. Cetron prior to the presentation. Ms. Salay noted that there is a stormwater project meeting scheduled that evening with the Historic Dublin business owners. She would be interested in attending a dinner if it could be scheduled at 5:30 p.m. Mrs. Boring asked if this event is open to the public and whether it has been advertised. Ms. Clarke stated that an ad would be in the Wednesday newspaper. Community Relations has sent out over 400 personal invitations. Mrs. Boring suggested that the Washington Township trustees be invited as well. Ms. Clarke responded that all of the surrounding township trustees have been invited. . Opt-Out Aggregate Letter Ms. Chinnici-Zuercher noted that a letter was sent by a Columbia Gas Company official about his concerns with the City's approach of soliciting letters to the editor for the local newspapers. She asked staff to comment. Ms. Brautigam stated that a plan was devised by staff about six weeks ago about providing information about this topic to the citizens. One item in the plan was to obtain letters to the editor in support of the opt-out aggregation issue from credible members of the community. Staff discussed this with several citizens and provided information to them. Mr. Partridge works for Columbus Gas Company and he has met with her. His concerns, as she understands them, is the imbedded costs for providing gas to the home. His position is that this cost varies so little that the savings resulting for the community from the opt-out aggregation will not be much. Staff believes that it is important to have the authorization to explore opt-out aggregation in order to work with other cities and learn RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 May 5,2003 Page 10 Held 20 if there are savings that could result from such a program. Without authorization to explore this option from the voters, this is not possible. The vote will authorize the City to enter into negotiations with suppliers of the commodity to try to secure a more favorable price for citizens. If a more favorable price is secured and an agreement is entered into, a citizen must affirmatively "opt out" of the program. Taking no action will result in the citizen staying in the program. Mr. Reiner noted that there is no negative to pursuing the option. Ms. Salay stated that her concern is that the staff had previously indicated that the City's position would be one of neutrality. Soliciting letters of support from citizens regarding the issue does not reflect a neutral position. There have been situations in the past where the staff was proactive in taking a position on an issue. This is an issue that the voters should educate themselves on and then vote. She trusts the community to make a good decision, and it was not necessary for the City to solicit such letters. Mrs. Boring noted that she agrees with Ms. Salay on this matter. Ms. Salay noted that the information provided to Council contains ballot language for Issue #14 referencing gas, not electric. She asked that staff check on this to ensure that what was submitted to the Board of Elections was correct. . Independence Day Field Precautions Mrs. Boring expressed disappointment about the fragile nature of the new turf being installed at the high school. Council was certainly not made aware of these issues at the time the proposal from the Dublin Schools was brought to the City. Mr. Kranstuber agreed - it was touted as being indestructible. . St. Patrick's Day Report Ms. Chinnici-Zuercher noted that her report did not include the financial information. It was determined that some of the copies forwarded by Community Relations did not include this page. This will be provided to Council. . Special event permits during Memorial Tournament Mr. Lecklider noted that Mary Kelley's is included on the list provided by staff. He has concerns about any treatment that is inconsistent with what has transpired over the past year with this business. Ms. Puskarcik responded that Mary Kelley's has not submitted an event application this year. Mr. Lecklider asked why staff would have sent an application to Mary Kelley's. It is inconsistent with the City's efforts in the past year regarding use of the patio. Mr. Smith responded that the City remains in litigation with Mary Kelley's regarding use of the patio for dining. Ms. Puskarcik noted that Mary Kelley's has not applied for a special event permit at this point. Mayor McCash stated that while they cannot use the patio on a regular basis, this does not preclude them from submitting a special event permit. Mrs. Boring asked why the City would initiate such a contact in view of the litigation. Mr. Kranstuber stated that the key issue is why utilize staff time to encourage this. If Mary Kelley's does not submit an application and illegally sets up a tent, the City's Code Enforcement officer can cite them and shut it down. He does not agree with having staff spend time on this. Ms. Brautigam stated that staff is trying to be proactive on these matters. Staff believes that an application will likely be submitted shortly before the event takes place. It is more efficient in terms of staff time to anticipate this application and give them notice of the City's position. Mr. Kranstuber summarized that he believes several members of Council do not support spending staff time in this manner, and who do not want to encourage this in any manner. If an application is submitted, it should be addressed at that time. Mr. Lecklider noted that this situation is particularly sensitive. He has spent a lot of time on these issues with the residents, and the City has spent money for legal services to resolve the situation. In light of all of this, the Mary Kelley's location is distinct from the others listed on the report. COUNCIL COMMITTEE REPORTS/COUNCIL ROUND TABLE Mr. Reiner: 1. Thanked Ms. Reed for the balloon bouquet, welcoming him back to Council. He also thanked Council and staff for the numerous cards, flowers and food. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 May 5,2003 Page 11 Held 20 2. Shared a story about complications of his surgery that necessitated a return visit to the hospital via his surgeon's private car. He noted that the many stoplights and curb cuts in the City along the major roadways have resulted in delays in traveling through the City during emergency situations. A life and death situation can truly be impacted by decisions the City makes about the need for additional traffic signals and/or curb cuts on major roadways. This is an important issue that may affect all families at some point in their lives. Ms. Chinnici-Zuercher: 1. Welcomed Mr. Reiner back, following his recovery from surgery! 2. Noted that she attended the Dublin Singers performance over the weekend, and congratulated the Clerk and the other Dublin singers on their wonderful performance. 3. Noted that along Dublin Road, under the 1-270 bridge, south of the Emerald Parkway intersection, there is an area of brick. Over the weekend, she observed a father and his young son running up and down the brick area. This could have resulted in a dangerous situation if they had run into the roadway. The City should certainly discourage this kind of activity, if it is observed. This seems to be a common sense issue and should not require a sign prohibiting such activity. Mr. Kranstuber asked about the topics scheduled for the upcoming study sessions. Ms. Brautigam responded that the appearance code is scheduled for May 12, and the June 16 session will focus on soccer-related issues. Mr. Kranstuber: 1. Noted that in light of the continuing e-mails and dissention among the DSL members, it is important to move toward having Council representation on the board to ensure public accountability. 2. Commented about circulation problems with the Dublin Villaaer. For some reason, there are problems with delivery - he often does not receive the paper. Mayor McCash and Ms. Chinnici-Zuercher have also experienced problems with their delivery. Ms. Puskarcik responded that they should contact the Circulation Manager at the paper about this issue. If the Circulation Manager delivers the paper a couple of times, the problem will likely be resolved with the carrier. Following brief discussion, Ms. Puskarcik stated that she would contact the newspaper to facilitate this. Mr. Lecklider: 1. Thanked staff for their quick response to an issue raised with him by the Wyandotte school crossing guard relating to the school zone lights. She was very impressed with the prompt response from staff. 2. Noted that the residents of Violet Vale Court have expressed appreciation for the trees the City has planted in the cui de sac. Ms. Salay: 1. Reported that a meeting is scheduled with the Historic Dublin business owners on Tuesday, May 13 to discuss the stormwater project and its potential impact on businesses. She is hopeful of opening the communication channels with the business owners who have not participated in previous meetings. The meeting will take place at the Dublin Chamber of Commerce building at 7:00 p.m. 2. Noted that AEP has now filed with the Ohio Power Siting Board for a waiver. It asks the Board to allow AEP to file the City's preferred underground route as an alternative to the two overland routes for the transmission line. The project is on track at this time and the residents are pleased that this is moving forward. Mrs. Borinq welcomed Ms. Brautigam back from her vacation! Mayor McCash: 1. Reminded everyone to vote tomorrow! 2. Reported that he and Vice Mayor Boring recently attended the Ohio Chapter of the Landscape Architects and accepted an award on behalf of the City of Dublin recognizing significant improvements in the built environment. He provided a copy of the award brochure to Council Members and asked that one copy of the framed certificate be sent to the Planning division. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC.. FORM NO. 10148 May 5,2003 Page 12 Held 20 3. Commented that he does like the new trash receptacles. But he has observed that the separation of the recyclables and the refuse is not taking place. Mr. McDaniel will check on this and report back. ADJOURNMENT TO EXECUTIVE SESSION Mayor McCash moved to adjourn to executive session at 9:40 p.m. for land acquisition and legal issues. The meeting will be reconvened only to formally adjourn. Mr. Lecklider seconded the motion. Vote on the motion: Mrs. Boring, yes; Mayor McCash, yes; Ms. Chinnici-Zuercher, yes; Mr. Kranstuber, yes; Ms. Salay, yes; Mr. Lecklider, yes. co ened at 10:45 p.m. and formally adjourned. ~ ~ Clerk of Council