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HomeMy WebLinkAbout12/15/2003 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 December 15,2003 Held 20 Mayor McCash called the Regular Meeting of Dublin City Council of Monday, December 15, 2003 to order at 7:35 p.m. in Council Chambers at the Dublin Municipal Building. PLEDGE OF ALLEGIANCE Mr. Kranstuber led the Pledge of Allegiance. ROLL CALL Present were: Mayor McCash, Mrs. Boring, Ms. Chinnici-Zuercher, Mr. Kranstuber, Mr. Lecklider, Mr. Reiner and Ms. Salay. Staff members present were: Ms. Brautigam, Ms. Grigsby, Mr. Smith, Mr. Ciarochi, Mr. McDaniel, Chief Epperson, Mr. Harding, Ms. Puskarcik, Mr. Hammersmith, Mr. Stevens, Ms. Hoyle, Ms. Crandall, Mr. Hahn, Mr. Harvey, Mr. Turnock and Mr. Villareale. APPROVAL OF MINUTES . Regular Meeting of November 3,2003 Ms. Chinnici-Zuercher moved approval. 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; Mr. Lecklider, yes; Mayor McCash, yes. . Regular Meeting of November 17, 2003 Ms. Chinnici-Zuercher moved approval. Ms. Salay seconded the motion. Vote on the motion: Mr. Lecklider, yes; Mr. Reiner, abstain; Ms. Chinnici-Zuercher, yes; Mayor McCash, yes; Mrs. Boring, yes; Mr. Kranstuber, yes; Ms. Salay, yes. CORRESPONDENCE The Clerk reported that no correspondence requiring Council action had been received. OATH OF OFFICE Mayor McCash administered the Oath of Office to new Police Officers Phillip A. Hetzel and Justin Paez. Chief Epperson introduced the new officers to Council. PROCLAMA TIONS/SPECIAL RECOGNITION Mayor McCash presented a proclamation to the DeShon family, winners of the "Spirit of the Season" award for 2003. CITIZEN COMMENTS Ben Hale, Smith & Hale. 37 W. Broad Street, representing the developers of Tartan West noted that the rezoning hearing was previously scheduled for tonight's agenda, but due to problems with notification, the hearing has been postponed until January 5. He noted that in order to maintain the schedule for the project, and in view of their commitment to provide sewer service to the Riviera golf course by February, they will file a final development plan for Tartan West with the City by January 2. He emphasized they are not being presumptuous about Council's action regarding the rezoning, but are trying to stay on track with the project. Scott Drinq, Dublin Convention & Visitors Bureau stated: 1. On behalf of the DCVB and staff, he thanked Mr. Kranstuber for his service to the City over the past 12 years. 2. The DCVB has secured a huge event for the City of Dublin - the Columbus Crew Soccer Festival and Tournament that will be held June 9-13,2004. The economic impact to the City is estimated at $2.8 million, with 2,100 room nights during the one-week period. The DCVB is working with the City and the Dublin Soccer League to host the soccer games in Dublin. The festival portion of the event will be held at the Crew stadium and at Easton. 3. He presented the DCVB's marketing plan for 2004, noting that the main goal is to draw overnight visitors to the area. 4. He noted that the occupancy rates in 2003 averaged 60 percent, which is an all-time low for the area. The market is still better than that of Columbus and the rest of the state, but they are hoping the economy will improve soon and that the occupancy rate will increase. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 December 15, 2003 Page 2 Held 20 5. Regarding the Dublin High School Basketball Classic, they are hoping to secure the teams for the Tournament by the end of 2003. Currently, they have verbal commitments from participants. The concept of this program was to bring overnight visitors to Dublin during a holiday period when room occupancy rates are low. On behalf of the Bureau, he wished Happy Holidays to everyone. Wallace Maurer, 7451 Dublin Road: 1. Asked that prior to the next Council meeting, Council Members read his letter that was published in the Dublin News last week for purposes of discussion. 2. Noted that he is privileged to have been invited to a reception recognizing the outgoing Council Member and former Mayor Kranstuber. He noted that Mr. Kranstuber has a number of qualities - deep, comprehensive and compelling. These include knowledge - legal, administrative and psychological - about anyone and everyone who appears before Council. Mr. Kranstuber persists in perceiving and encouraging every conceivable attitude and point of view to be expressed for the continued health of the democracy, and has a very generous and sensitive understanding of the people whom he needs to confront in his service with Dublin. Further, he noted that Mr. Kranstuber reminds him of a great speaker in the House of Commons in the late 1 ih century - Edward Seymour - who, by observing everyone, could know how the votes would turn out. He noted that he will miss Council Member Kranstuber and recommended that he join him in the podium speakers group! He thanked him for his service to the City of Dublin for the past years. LEGISLATION SECOND READING/PUBLIC HEARING - ORDINANCES REZONINGS Ordinance 08-03 Providing for a Change in Zoning for 26.374 Acres Located at the East Terminus of Tuller Ridge Drive, West of Village Parkway, From: CC, Community Commercial District and R-1, Restricted Suburban Residential District To: PUD, Planned Unit Development District. (Case No. 02-135Z - Dublin Commons aka The Vogel Property) Mr. Harvey noted that this 26-acre development is being zoned from CC and R-1 to PUD. The project title is, "Dublin Commons" and is located just west of Dublin Village Center. A corner of the property to the northeast connects to Village Parkway. This property has been the subject of prior rezoning proposals, however the previous proposals either did not complete the road connections or were of a mixed use or high density deemed inappropriate for the location. There are 66 two-family dwelling units in this proposal, for a total of 132, at a density of five units per acre. The Community Plan calls for up to a five- unit per acre density in this area. Based on the complexity of the site, staff and the Commission believe this to be a good use and recommend approval. The final development plan has not yet been filed, but is expected to be filed on January 2 for consideration in February by P&Z. Mr. Lecklider asked about the densities proposed previously for this site. Mr. Harvey responded that previous proposals were not brought forward from P&Z to City Council. One was for a combination of retail and multi-family, and another was for entirely multi-family. Mr. Lecklider noted that this could be assumed to be another form of multi-family. Mr. Harvey responded that it is a set of attached units, but in terms of the total footprint and bulk, it is actually a number of small structures versus a couple of larger structures typical of a multi-family development. Mr. Lecklider noted that the density as proposed is at the maximum level recommended in I the Plan. Could staff highlight the benefits of this project? II Mr. Harvey responded that this proposal makes use of an infill site that is difficult to make high use of. It proposes residential which is needed in this area, and which is called for in the Plan. The largest benefit is that it ties in Tuller Ridge Road from the west through the site to Village Parkway and a road extending to the south to connect to Shamrock Boulevard. Prior proposals did not make these road connections. Mr. Lecklider asked about the traffic study results. It does not make sense that fewer trips would be generated from more units. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 December 15, 2003 Page 3 Held 20 Mr. Hammersmith stated that the traffic study is based on the type of units. Typically, condominiums produce less traffic than single-family development or multi-family units. He does not have the detailed reports with him tonight. Mr. Lecklider noted that the text contained some language about porches and that they could encroach 8 feet into the 12-foot setback. This was noted as a concern to staff. Mr. Harvey noted that at the final development plan stage, staff will review more closely some of the setback issues and other design features. This rezoning will not establish that footprint or necessarily allow those setbacks. Mr. Lecklider stated that the text does not contain a combined side yard minimum and that staff was recommending 12 feet. Should this be addressed at the rezoning stage? Mr. Harvey responded that this does not need to be addressed at the rezoning stage. Mr. Lecklider noted that the street trees are listed in the text as 45-50 feet on center that does not provide for many trees. Mr. Harvey responded that this spacing was based on the previous standard. Based on the recent modifications to the landscaping code, the applicant has now committed to a 3.5-inch caliper. Mr. Reiner stated that he does have questions regarding the benefit of this development to the community. Staff has indicated that the road connections are a benefit, but he can't see any positive financial benefit to the community. Did the original Community Plan contemplate this density of zoning? Mr. Harvey stated that the original zoning was township zoning. The Community Plan calls for high density, and that is why this residential use is viewed as a positive. Ms. Salay asked about the parkland dedication in condition #2. Under what circumstances would the City have less than the required parkland donated? Mr. Harvey stated that they could modify their plan to some degree. It is possible that a larger storm detention area needed could reduce their usable parkland, requiring them to pay a fee. Ms. Salay noted there was some discussion about limiting the number of rental units or making sure that they were owner-occupied. Realistically, there is no ability to regulate that. Mr. Harvey responded that it is staff's intent to impose a limitation as a condition of final approval, requiring them to incorporate something in their restricted covenants agreement addressing this. It is, however, difficult to enforce after the initial purchase of the properties. Ms. Salay asked if this restriction could be applied to a single-family development as well - a covenant restricting homes to owner-occupied. Mr. Harvey responded that it has been done in other communities, but he does not believe this has ever been done in Dublin. Ms. Salay asked about the density of other apartments in the area, such as Sycamore I i Ridge. I Mr. Hale noted that the density of Sycamore Ridge is 11 units per acre. Ms. Salay asked if the other properties in the area drain toward this site. Mr. Harvey stated that this development includes improvements, such as piping that should help the property to the west. Mr. Hammersmith added that it would not alleviate any of the concerns expressed by the Bash property owner. The onsite stormwater will be managed in accordance with adopted stormwater management standards. Mr. Reiner stated that the architecture is nice, but there are many problems in terms of the land use and issues with quality. Ben Hale, 37 W. Broad Street, representing the applicant stated that they have had lots of input into this project. Previous proposals have included both multi-family and condo projects. The problem everyone has encountered has been the Community Plan desired roadway connections that have made the project financially difficult. Showcase Homes is a high quality builder and the units will sell for $250,000 for half a building. The units are RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 December 15, 2003 Page 4 Held 20 1,800 square feet, with a two-car garage. The target market is young professionals or empty nesters, which would not impact the schools. There will be lawn maintenance provided for the development, and it will include 3.5-inch caliper trees at 35 feet on center. The plan is neotraditional. They have worked hard with staff on this development that will revitalize the Dublin Village Center area. He showed renderings of the site. They will seek the City's assistance in a taking of the small triangle of land in the northeast corner in order to complete the roadway, totally at the cost of the developer. ~ Mr. Lecklider noted that the text indicates street trees 45-50 feet on center. Mr. Hale stated that they have committed to 35 feet on center in order to create a sense of place. This will require lots of street trees of good size. Mr. Reiner asked if this includes four-sided architecture. Mr. Hale responded that this development is subject to the requirements of the appearance code. Mr. Reiner noted that there are no illustrations of the back of the units. Do they have such renderings? Mr. Houk stated that he does not have these renderings. The layout is designed with alleys, taking the garages off the streets. The alleys are private. The only time the alley will be seen is in the back where the garages are located. They worked hard to keep the street views aesthetically pleasing. Mr. Hale added that at the prices contemplated, they would not be attractive as rental properties. They are not designed for that market. Ms. Salay commented that Sherlock Homes buys homes in her neighborhood for this purpose. One home recently was sold for $247,900 and rents for $2,200 per month. Ms. Chinnici-Zuercher stated that the floor plan with a master suite on the first floor would likely attract more singles and empty nesters with two cars leaving at the same time in the morning. Mr. Hale responded that only half of the units would have first floor master bedrooms. Ms. Salay asked about the northern side of the property where the lighting from the nearby auto uses may impact the development. Mr. Hale responded that there is somewhat of an existing tree lawn along that road. Their intent is to heavily landscape the areas around the edges. There is adequate setback for this purpose. Mayor McCash noted concerns with parking allowed in front of the units. Mr. Hale stated that on street parking is allowed, as the street width will accommodate this. Mayor McCash noted that the pavement width of the alleys is 12 foot, and yet the mailboxes, garage access and trash pick-up are all located in the alley. How will all of this be coordinated within this alley space? Mr. Hale responded that these are one-way alleys. Their engineer has a virtual program where vehicles, including emergency equipment can be driven in the alleys. In all cases, this review has identified no problems with access. Mr. Reiner noted that this location would have been an ideal site for the new urbanism concept. Mr. Kranstuber noted that the concept of new urbanism would not include $250,000 units. This is a much nicer development and will result in more greenspace in an urban environment. Mr. Reiner states that he understands this is a transitory use between the commercial uses, but it includes 26 acres of rooftops. It could have been done with more greenspace and common areas and with more amenities for the City. It is nothing uniquely different or interesting, and resembles the old-style apartment complexes. Mr. Hale disagreed, noting that these are 1,800 square foot Showcase Homes of high quality. These are upscale units, neotraditional in design, and are being built on public streets that are expensive to build. In terms of an attached product, it is very high quality. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 December 15, 2003 Page 5 Held 20 Vote on the Ordinance: Mrs. Boring, yes; Mr. Kranstuber, yes; Mr. Reiner, no; Ms. Salay, no; Mr. Lecklider, yes; Mayor McCash, no; Ms. Chinnici-Zuercher, yes. .- Mrs. Boring stated that given tonight's discussion, there might be a need to update the Community Plan on an accelerated timeframe. The adopted Community Plan calls for this type of development in this location. The process is becoming very frustrating for planners as well as the Planning & Zoning Commission. Mayor McCash clarified that his "no" vote does not mean he does not support the Community Plan as adopted. He believes that approval of this text is premature, as many details are yet to be worked out, such as traffic flow. The high density residential land use is a separate matter. The specific proposal before Council tonight is not acceptable in its present form. Ms. Salay stated that her issues are not related to the Community Plan. Mr. Reiner stated that he believes this proposal could have been executed better - in a more interesting fashion. BID AWARD Ordinance 125-03 Accepting the Lowest and Best Bid for the Coventry Woods Park Development Project, and Declaring an Emergency. Ms. Brautigam stated that following the discussion at the first reading, staff has responded to the issues raised by Council. Mr. Hahn can respond to any questions from Council. Many in the audience tonight are interested in testifying on this matter. Mayor McCash noted that 16 speakers are signed in to testify. Mr. Lecklider asked what Council is likely to hear in testimony that has not already been communicated to Council bye-mail, letter or telephone. Mayor McCash responded that this is the public hearing and it is appropriate to take testimony at this time. I il Linda Clowdus, 4962 Chaddinoton Drive stated that their house is located two houses II east of the park. In 1995, their realtor told them about a playground to be built in this I location. They believed it to be a good idea then and now. It will allow children to play within their own neighborhood. Terry DeWitt. 7136 Coventry Woods Drive stated that he lives immediately across from the park. In regard to the survey about this project, several things have changed subsequent to the survey. At the time of the survey, the park as shown on the plat was to be located back in the woods and not visible from the street. Secondly, it wasn't known at that time that a community park in Killilea was programmed for 2006-2007 - less than 400 yards from this park. Due to safety issues, the park has now been moved up to the street where it will be visible and the greenspace will no longer be evident. The Killilea Park has now been moved up to 2004. Several community members who voted "yes" have now said they would vote differently, and so the survey results are questionable. There is however a win/win situation available with the Killilea Park of 3.8 acres. It will provide plenty of playground areas for both communities. It is a win for those who want a park for - their children and a win for those who invested $500,000 plus in homes in reliance upon passive greenspace park to be located in Coventry Woods. It will also save the taxpayers $95,000 by not developing a park close to Killilea. It would be prudent for Council to consider this win/win solution. Mark Jordan. 4970 Chaddinoton Drive noted that their home is 165 yards from the proposed park area. Their home is directly across the street from a drainage reserve in the park development, and children use this area for football, soccer, baseball, etc. They have resided in Coventry Woods for 12 years. Their older son is now 14 and too old to enjoy the benefits of the park that will not be developed because of self-centered, politicking neighbors. He hopes that his nine-year old son will have the opportunity to use the park. They have looked forward to having this park since 1992. A neighborhood park was the draw for them to Coventry Woods in 1992. There are 157 homeowners in Coventry Woods who do not yet have their own neighborhood park. He noted six statements of fact about the park proposed in the neighborhood: RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 December 15, 2003 Page 6 - Held 20 1. In 1987, the land was set aside for a neighborhood park by the developers. 2. In 1994, the Edwards Land Co. deeded the land reserve to the City as a park preserve. 3. Campden Lakes is the only Dublin community with a deed restriction prohibiting park development. Partial restrictions are present in the Trabue Park as well. 4. Coventry Woods is the only Dublin community without specific deed restrictions that does not have a park or a planned park. 5. In the last year and a half, there have been two audits or surveys within their 157 -home neighborhood to determine the interest of a neighborhood park within the community. On May 1, 2002, 75 percent of those turning in ballots wanted additional parkland development. On May 3, 2003, 95 responses were received from 157 homes. Of those 95, 65 indicated they desired park development. The ballot was certified by a CPA. 6. At the November 17, 2003 Council meeting, Mr. Hahn stated this is the smallest park put on City park property, and will include a small gazebo, a 5- bike rack, two picnic tables, and one small play structure. The Coventry Woods neighborhood has waited patiently for 13 years for this neighborhood park. Most have played by the rules and put up with the politics. It is time to develop a Coventry Woods park. Alex Jordan, residing on the corner of Chaddington and Coventry Woods Drives, stated that the children in their neighborhood do not have a park and so they watch a lot of television and play video games. Their friends outside of Coventry Woods do have their own neighborhood parks. Killilea will have a neighborhood park prior to Coventry Woods. Coventry Woods has waited for a park, and should have theirs first. Council should care about the children in the neighborhood who have waited patiently for their park. Laura Bottini. 7134 Coventry Woods Court stated that their family moved to Coventry Woods from San Diego in 2000. Dublin was attractive to them because it is a great place to raise a family, with all of the parks available. A key factor in choosing Coventry Woods was the future park to be built. The Killilea Park will not be located in their neighborhood and will be located along Emerald Parkway - not a safe location for a park. She urged Council to consider this park for the sake of the children. Sandy Corica. 5021 Winchell Court stated that it is admirable that everyone has brought their small children to see democracy in progress, but if one family with three children visits the park, all of the swings and equipment will be in use - there will be no more playground equipment for others available. It is an issue of fiscal responsibility in spending $95,000 for one swing set and some small amenities. Killilea will be a much larger park and will be highly utilized. The parkland in Coventry Woods is already used for sports activities and will continue to be used in that manner. She is opposed to spending money on a park with the same amenities many have in their backyards. Shih-Chin Chen. 7160 Coventry Woods Drive stated that the Killilea park site and Coventry Woods site are only six houses apart. Coventry Woods has 157 houses and Killilea has 80 homes. Spending $95,000 on a site to entertain twice the amount of families and budgeting $300,000 for the Killilea Park to serve a smaller group makes no sense. Children will be drawn to the larger park. In terms of safety, the Coventry Woods park site drops off and cannot be seen from the street. It is also important to preserve greenspace and endangered species that are unique and important to Dublin. He asked that Council consider keeping this site as greenspace, and utilize one playground in Killilea for the two communities. Gary WallberQ, 4858 ChaddinQton Drive stated he is hopeful that the neighbors can remain friends after they work through these issues. He is very supportive of the park. He moved to the neighborhood in 2000 and was told by realtors, the previous owner and numerous neighbors that a park was planned in this location. In a flier delivered to his home on Sunday, residents were accused of "duping" Council. Misleading information was provided in the flier. There was in fact a lot of discussion of the park at the homeowners association meeting. The neighbor accused of "duping City Council" was actually tapped and volunteered to review the park issue and bring it forward again to be reactivated with the City. While he respects everyone's opinions, one of the individuals moved to the neighborhood in September of 2003, should have been aware of the park and should not have signed the letter. Due diligence in connection with his home RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 December 15, 2003 Page 7 Held 20 purchase would have revealed the park plans. He supports this long-planned and awaited park. Brooke Widerschein, 7166 Coventry Woods Court stated that she has lived near the park since she was a toddler. She wants a neighborhood park for her twin brother and sister who are 8 years old. A neighborhood park will allow children to walk to it safely, will allow them to meet other neighborhood children, will look nice, and will not be located near a busy street. They did not vote for the park at the last vote, but it was a mistake. Please add another vote to the earlier survey in support of the park. Marian Wallberq, 4858 Chaddinqton Drive noted that she and her son, Jack, who accompanies her tonight, are in favor of the proposed park. Vito Boscaino. 7289 Coventry Woods Drive stated that he is opposed to the park. He has been a homeowner for five years in Coventry Woods and appreciates the greenspace. This area has old growth trees and is a watershed area and should be preserved. A three-acre park will be located within a few hundred feet at Killilea. It is also fiscally the right answer not to have redundant investments made a short distance away from each other. He would prefer that the $95,000 be added to the Killilea Park in order to make it another outstanding park for the City of Dublin. Dave McKee. 7127 Coventry Woods Drive stated that he is President of the Coventry Woods Civic Association. He assumed this office last June after the annual meeting in which Mimi Horner was authorized to petition Council to request funding for the park. The meeting recap was placed on the website by the editor, not by the Trustees. The fact that Ms. Horner's name was tarnished in the newspapers was very disturbing, as she was a volunteer working on behalf of their community. There were questions about the process, but they were not raised until after September 26 - after a P&Z meeting, two annual meetings, a Dublin staff meeting with residents, and after 157 invitations were sent to residents. In reviewing the Killilea plat, there are eight houses across from their park, while there are only five in Coventry Woods located across from the park. Council is considering not approving the bid due to opposition from four people, but Killilea has eight people living across from their park. Will this process have to begin again in two years? There has been a democratic process. After being accused of not having a correct ballot, another ballot was sent by mail to the neighborhood and it was audited independently. Many neighbors were afraid to vote because of intimidation. Overall, two-thirds of the neighborhood voted for the park. He is asking that Council support the majority of the neighborhood. The process has been completed, the Board has done their job, and they appreciate Council's support of the park project. Wendy Schwantes. 4951 Roseqate Court noted that she, her husband and their three children moved to Dublin in January. They chose Dublin because of the greenspace, the parks and the Rec Center. They had planned to build in Tartan Fields, but instead chose to move to an existing home in Coventry Woods. They learned of the park plans soon after they moved to Coventry Woods and were very pleased to hear about it. A community park is good for the neighborhood as it provides opportunities to meet one another and thereby improves safety. She will be disappointed if this project is not approved based on a few people who are concerned about aesthetics. It is a small park, it will not harm the trees, it will not affect the park preserve, and it is important to consider the needs of the larger neighborhood. Joan Jordan. 4970 Chaddinqton Drive noted that she, too, was concerned with the process and written records. She is an attorney. She attended the Planning & Zoning Commission meeting in October and attended the last Council hearing on this matter. She heard rumors that there was an overwhelming majority that did not support the park, although almost everyone she knows supports the park. Winchell Court abuts one side of the park and Coventry Woods Drive the other. At the July 10 P&Z hearing, four speakers testified in opposition to the park. The majority of this four opposed the park for safety reasons. Mr. Chen has been consistent in his message that he does not want any development in the park. However, Mr. Chen did sign the letter placed in mailboxes this weekend suggesting that due process was not followed within the neighborhood association. The question becomes, "What process is due the neighborhood and due the citizens where this park is concerned?" In the overall scheme of things, the survey itself does not matter - it was merely informational. The survey showed that 67 residents out of 95 supported the park; 33 did not support it for various reasons. So the question then RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 December 15, 2003 Page 8 Held 20 becomes, "Where is the overwhelming majority who do not support the park?" She asked for a records check with the City staff and they have done a great job in providing information in an objective manner and without commentary. After reviewing the documents, including all of the e-mails, there was overwhelming support for the project. In looking through the data, the opposition is from the same group of people. The folks on Winchell Court were concerned with safety, so P&Z requested that the plan be reworked. They are now satisfied. Mr. DeWitt testified that he believes the park should be located in Killilea. In reviewing the public records, she noted that the first time he communicated with Council and P&Z was on September 29. Where was Mr. DeWitt during the summer meetings? Where was he during the Association's annual meetings? He did not begin complaining about due process until September 29, after Mr. Greensaliz moved into the neighborhood. They have criticized Mimi Horner and other trustees - people of the highest integrity. She urged Council to follow the process. The record is clear - the park comports with the Community Plan and with staff's recommendation. The residents have waited a long time for this park. Francine Dibiase, 4949 Chaddinqton Drive echoed the comments of Ms. Jordan. She urged Council to vote in favor of the park. Lisa Bushman, 4957 Chaddinqton Drive stated that she is a resident and a trustee of the neighborhood association. Her comments and opinions are her own and are based upon many conversations with neighbors. There are people present tonight that want Council to believe that Coventry Woods is a divided neighborhood and out of control. What truly upsets the residents of the neighborhood, however, is the attitude of a handful of residents of people who live near the park. They believe they should be able to dictate to the rest of the neighborhood what happens with the parkland. This has been an ongoing problem for ten years. Some of these residents, however, have only been living in the neighborhood for four months. Yet they have elevated themselves to the level of expert on the issues. The residents simply want a small park, and the majority has voted twice for this park. The majority should rule. The residents are here tonight due to a few vocal residents who have made it their mission to shut down this process. They will say or do anything to get what they want. As a last resort, they are appealing to Council to get what they want. The issues are not with the process; they relate to the attitudes in the neighborhood. Mayor McCash closed the public hearing. Ms. Chinnici-Zuercher stated that no new information has been presented tonight beyond what was shared at the last meeting. She noted that she attended the Planning & Zoning Commission meeting wherein the project was approved. She moved for emergency passage of Ordinance 125-03. Mrs. Boring seconded the motion. Ms. Salay noted that she would vote in favor of the park. There are unfortunate attitudes on both sides of the issue. The majority of the residents are in favor of this playground within their neighborhood. She would not, however, discourage anyone in the future from coming forward and trying to influence their government's decision. They should not be criticized for this. Mayor McCash noted that this matter has turned into much more than a park planning issue. Some of the issues brought up by those opposed to the park will not be as major as they now believe they will be. He is satisfied that the wording of the survey was not misleading, as some had indicated. Mr. Reiner commented that he missed the November discussion on this. It is apparent tonight that the majority is in favor of this park and there is no need for an additional survey. Vote on the motion: Mrs. Boring, yes; Mr. Lecklider, yes; Mayor McCash, yes; Ms. Salay, yes; Mr. Reiner, yes; Mr. Kranstuber, yes; Ms. Chinnici-Zuercher, yes. Vote on the Ordinance: Mr. Kranstuber, yes; Ms. Salay, yes; Mr. Lecklider, yes; Mrs. Boring, yes; Ms. Chinnici-Zuercher, yes; Mr. Reiner, yes; Mayor McCash, yes. COST OF SERVICES Ordinance 126-03 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 December 15, 2003 Page 9 Held 20 Amending Chapter 35 of the Codified Ordinances to Revise the Fee and Service Charge Revenue/Cost Comparison System and Establishing a Schedule of Fees and Service Charges for City of Dublin Services. Ms. Brautigam stated that this ordinance was referred to the Finance Committee and they are now recommending approval. Ms. Chinnici-Zuercher, Finance Chair noted that the Committee met on December 1 for a modified review of the fees, in view of the small number of changes proposed by staff. The Committee is recommending approval of the document before Council tonight. Vote on the Ordinance: Mr. Kranstuber, no; Mr. Reiner, yes; Mayor McCash, yes; Ms. Salay, yes; Mr. Lecklider, yes; Ms. Chinnici-Zuercher, yes. TAX INCREMENT FINANCING Ordinance 127-03 Authorizing the Provision of Certain Incentives for Purposes of Encouraging the Expansion within the City by Wendy's International, Inc., which Include Declaring Improvements to a Certain Parcel of Real Property to be a Public Purpose, Describing the Public Infrastructure Improvements to be made to Benefit that Parcel, Requiring the Owner Thereof to Make Service Payments in Lieu of Taxes, Providing for the Franklin County Treasurer to Distribute Service Payments to the Dublin City School District in the Amount that the School District Would Otherwise Receive Absent the Exemption, Establishing a Municipal Public Improvement Tax Increment Equivalent Fund for the Deposit of Such Service Payments, and Authorizing the Execution of an Economic Development and Tax Increment Financing Agreement. Mr. Stevens noted that there are no changes to the legislation since the first reading. Ms. Chinnici-Zuercher asked if this road system relates to that described within the rezoning Ordinance 08-03? Mr. Stevens stated that at the time of their prior expansion, Wendy's was required to pay for a portion of the road being expanded. State monies have now been identified to help offset this. Vote on the Ordinance: Mr. Kranstuber, yes; Mr. Lecklider, yes; Ms. Salay, yes; Mayor McCash, yes; Ms. Chinnici-Zuercher, yes. Ordinance 128-03 Amending Ordinance 82-97, Passed June 9,1997, to Supplement the Public Improvements to be Made to Benefit the Parcels Identified in that Ordinance and to Provide for Payment of a Portion of the Service Payments Received to the Dublin City School District. (Ruscilli TI F) Ms. Grigsby stated that this is a modification of existing TIF legislation to extend it to a non-school TIF and to allow for additional roadway improvements in the area. Vote on the Ordinance: Mr. Lecklider, yes; Mayor McCash, yes; Ms. Salay, yes; Mr. Kranstuber, yes; Ms. Chinnici-Zuercher, yes. Ordinance 129-03 Amending Ordinance 58-94, Passed June 20,1994, to Supplement the Public Improvements to be Made to Benefit the Parcels Identified in that Ordinance and to Provide for Payment of a Portion of the Service Payments Received to the Dublin City School District, and Declaring an Emergency. (Perimeter Center TIF) Mr. Kranstuber moved for emergency passage. Ms. Salay seconded the motion. Vote on the motion: Mr. Kranstuber, yes; Mr. Lecklider, yes; Ms. Salay, yes; Mayor McCash, yes; Ms. Chinnici-Zuercher, yes. Vote on the Ordinance: Mayor McCash, yes; Ms. Salay, yes; Mr. Kranstuber, yes; Ms. Chinnici-Zuercher, yes; Mr. Lecklider, yes. ECONOMIC DEVELOPMENT AGREEMENT Ordinance 130-03 Authorizing the Execution and Delivery of an Economic Development Agreement Between the City of Dublin and Compensation Consultants, Inc. to Induce a Relocation of Its Operations to the City in Order to Increase Employment within the City. Mr. Stevens stated that there have been no changes since the last reading. Vote on the Ordinance: Ms. Salay, yes; Ms. Chinnici-Zuercher, yes; Mr. Kranstuber, yes; Mayor McCash, yes; Mr. Lecklider, yes. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 December 15, 2003 Page 10 Held 20 OPERA TING BUDGET Ordinance 135-03 Adopting the Annual Operating Budget for the Fiscal Year Ending December 31, 2004, and Declaring an Emergency. Ms. Chinnici-Zuercher asked for confirmation that the changes in the documents are those requested by Council during the budget hearings. Ms. Grigsby confirmed this. Ms. Salay moved for emergency passage. Ms. Chinnici-Zuercher seconded the motion. Vote on the motion: Mayor McCash, yes; Ms. Salay, yes; Mr. Lecklider, yes; Mr. Kranstuber, yes; Ms. Chinnici-Zuercher, yes. Vote on the Ordinance: Mr. Kranstuber, yes; Ms. Chinnici-Zuercher, yes; Ms. Salay, yes; Mayor McCash, yes; Mr. Lecklider, yes. INTRODUCTION & FIRST READING - ORDINANCES STATE TRAFFIC CODE UPDATES Ordinance 136-03 Enacting and Adopting a Supplement to the Code of Ordinances for the City of Dublin, and Declaring an Emergency. (Traffic Code amendments to comply with new provisions in Ohio Revised Code as of 1/1/04) Ms. Salay introduced the ordinance. Mr. Kranstuber moved for emergency passage. Ms. Chinnici-Zuercher seconded the motion. Vote on the motion: Mr. Lecklider, yes; Mr. Kranstuber, yes; Ms. Chinnici-Zuercher, yes; Mayor McCash, yes; Ms. Salay, yes. Vote on the Ordinance: Ms. Chinnici-Zuercher, yes; Mayor McCash, yes; Ms. Salay, yes; Mr. Lecklider, yes; Mr. Kranstuber, yes. APPROPRIA TIONS Ordinance 137-03 Amending the Annual Appropriations for the Fiscal Year Ending December 31, 2003. Ms. Salay introduced the ordinance. Ms. Grigsby stated that this provides for additional appropriations as identified in the memo, and is done as an annual housekeeping measure to ensure that all expenditures do not exceed the appropriations. Mr. Kranstuber moved to dispense with the public hearing. Ms. Chinnici-Zuercher seconded the motion. Vote on the motion: Ms. Salay, yes; Mr. Lecklider, yes; Mr. Kranstuber, yes; Ms. Chinnici- Zuercher, yes; Mayor McCash, yes. Vote on the Ordinance: Mr. Kranstuber, yes; Mayor McCash, yes; Ms. Salay, yes; Mr. Lecklider, yes; Ms. Chinnici-Zuercher, yes. ANNUAL APPROPRIA nONS ORDINANCE I Ordinance 138-03 Establishing Appropriations Based on the 2004 Operating Budget of the City of Dublin, State of Ohio, for the Fiscal Year Ending December 31, 2004. Ms. Salay introduced the ordinance. Mr. Kranstuber moved to dispense with the public hearing. Ms. Chinnici-Zuercher seconded the motion. Vote on the motion: Ms. Chinnici-Zuercher, yes; Ms. Salay, yes; Mr. Lecklider, yes; Mayor McCash, yes; Mr. Kranstuber, yes. Vote on the Ordinance: Mr. Kranstuber, yes; Ms. Salay, yes; Mr. Lecklider, yes; Mayor McCash, yes; Ms. Chinnici-Zuercher, yes. CONTRACTS Ordinance 139-03 Authorizing the City Manager to Execute a Contract with the Franklin County Public Defender Commission for the Defense of Indigent Defendants, and Declaring an Emergency Ms. Salay introduced the ordinance. Mr. Kranstuber moved to dispense with the public hearing and to treat this as emergency legislation. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 December 15, 2003 Page 11 Held 20 Ms. Chinnici-Zuercher seconded the motion. Vote on the motion: Mr. Kranstuber, yes; Ms. Salay, yes; Mr. Lecklider, yes; Ms. Chinnici- Zuercher, yes; Mayor McCash, yes. Vote on the Ordinance: Ms. Salay, yes; Mr. Lecklider, yes; Ms. Chinnici-Zuercher, yes; Mayor McCash, yes; Mr. Kranstuber, yes. Ordinance 140-03 Authorizing the City Manager to Enter into a Contract for Health Services with the Franklin County Board of Health for 2004, and Declaring an Emergency. Mr. Lecklider introduced the ordinance. Ms. Brautigam stated that the Board of Health would no longer handle vicious and dangerous animal complaints. A procedure has been established for the City to handle these through the City Manager's office and the Mayor's Court. Ms. Salay moved to dispense with the public hearing and to treat this as emergency legislation. Mr. Lecklider seconded the motion. Vote on the motion: Mr. Lecklider, yes; Ms. Salay, yes; Mayor McCash, yes; Ms. Chinnici- Zuercher, yes; Mr. Kranstuber, yes. Vote on the Ordinance: Ms. Chinnici-Zuercher, yes; Mr. Lecklider, yes; Ms. Salay, yes; Mr. Kranstuber, yes; Mayor McCash, yes. BIDS Ordinance 141-03 Accepting the Lowest and Best Bid for the Landscape Maintenance Right-of-Way Project. Ms. Salay introduced the ordinance. Ms. Salay asked the amount budgeted for this item. Ms. Grigsby responded that this is part of the account where $875,000 is budgeted for all contractual services. This portion of the total allocation is within the amount budgeted for these items. There is one additional piece of legislation relating to plant replacement for the right-of-way maintenance. There are some other contractual services in that account that do not require bidding. Ms. Salay requested that when the bids are brought in, the budget comparison would be helpful to her. There will be a second reading/public hearing at the January 5 Council meeting. Ordinance 142-03 Accepting the Lowest and Best Bid for the Turf Maintenance Right-of-Way Project. Mr. Lecklider introduced the ordinance. Ms. Chinnici-Zuercher asked that the bid and budget comparison information be provided for this ordinance as well. There will be a second reading/public hearing at the January 5 Council meeting. REZONINGS Mayor McCash moved to waive the Rules of Order to read Ordinances 143-03, 144-03, 145-03 and 146-03 by title only. Ms. Chinnici-Zuercher seconded the motion. Vote on the motion: Mr. Lecklider, yes; Ms. Salay, yes; Ms. Chinnici-Zuercher, yes; Mayor McCash, yes; Mr. Kranstuber, yes. Ordinance 143-03 Rezoning Approximately 2.834 Acres Located on the North Side of Tuller Road 1,200 Feet East of Tuller Ridge Drive, From: CC, Community Commercial District, To: PCD, Planned Commerce District. [Case No. 03-147Z - SBC (Formerly Ameritech) - 4270 Tuller Road] Ordinance 144-03 Rezoning Approximately 5.092 Acres Located on the South Side of Brand Road, 500 Feet East of Townsend Road, From: R-1, Restricted Suburban Residential District, To: PUD, Planned Unit Development District. [Case No. 03-150Z - Preliminary Development Plan - Freshwater Farm (Humbert Property) - 6325 Brand Road] Ordinance 145-03 Rezoning Approximately 18.4 Acres Located on the North Side of Brand Road, Approximately 700 Feet East of Coffman Road, From: R, Rural and R-1, Restricted Suburban Residential Districts, To: PLR, Planned Low Density Residential District. (Case No. 03-153Z - Brand Road Development) RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 December 15, 2003 Page 12 Held 20 Ordinance 146-03 Rezoning Approximately 43.55 Acres Located on the East Side of Riverside Drive and the South Side of Hard Road, Approximately 900 Feet from the Riverside Drive and Hard Road Intersection, From: R-1, Restricted Suburban Residential District, To: PUD, Planned Unit Development District. (Case No. 03-155Z - Riverside Woods) Mayor McCash moved referral of Ordinances 143-03, 144-03, 145-03 and 146-03 to Planning & Zoning Commission. Ms. Salay seconded the motion. Vote on the motion: Mr. Lecklider, yes; Ms. Salay, yes; Ms. Chinnici-Zuercher, yes; Mayor McCash, yes; Mr. Kranstuber, yes. INTRODUCTION/PUBLIC HEARING - RESOLUTIONS BOARD/COMMISSION APPOINTMENT Resolution 44-03 Appointing a Member to the Planning & Zoning Commission. Ms. Salay introduced the resolution appointing Ruth Meeker Reiss to the unexpired term of Dick Ritchie on the Planning & Zoning Commission. Vote on the Resolution: Ms. Salay, yes; Mr. Lecklider, yes; Mr. Kranstuber, yes; Mayor McCash, yes; Ms. Chinnici-Zuercher, yes. MAGISTRA TE APPOINTMENT Resolution 45-03 Authorizing the Mayor to Appoint an Additional Magistrate to Conduct Mayor's Court Proceedings When the Mayor, Vice Mayor and Magistrate are Unavailable to Conduct Such Proceedings. Ms. Salay introduced the resolution. Mayor McCash noted that, as outlined in the cover memo, this contract provides for magistrate services under the same terms as the current magistrate's contract. A back-up magistrate is being secured, Kelleen Roth, who will preside in the event that the Mayor, Vice Mayor and Magistrate Close are all unavailable to conduct Mayor's Court. Ms. Chinnici-Zuercher asked about Ms. Roth's background. Mayor McCash responded that she provides magistrate services for Groveport and Obetz, and acts as Prosecutor for several jurisdictions. She has all of the continuing education requirements for serving as a magistrate in the state of Ohio. Vote on the Resolution: Ms. Chinnici-Zuercher, yes; Mr. Lecklider, yes; Ms. Salay, yes; Mayor McCash, yes; Mr. Reiner, yes; Mrs. Boring, yes. AGREEMENTS Resolution 46-03 Waiving Section 8.04(B) of the Codified Ordinances of the City of Dublin (Competitive Bidding) and Authorizing the City Manager to Enter into an Agreement with the Washington Township Fire Department to Provide Flushing and Pumping Services to the Public Fire Hydrants in the City of Dublin. Ms. Chinnici-Zuercher introduced the resolution. Ms. Brautigam noted that Mr. Villareale is available to respond to questions. Vote on the Resolution: Mrs. Boring, yes; Mayor McCash, yes; Ms. Chinnici-Zuercher, yes; Mr. Reiner, yes; Mr. Kranstuber, yes; Ms. Salay, yes; Mr. Lecklider, yes. Resolution 47-03 Authorizing the City Manager to Extend the Existing Agreement with the Solid Waste Authority of Central Ohio (SWACO) for the Automated Refuse and Recycling Collection Pilot Program. Ms. Salay introduced the resolution. Ms. Brautigam stated that the program has been very well received and is being extended for another year. Mr. Lecklider asked if the original plan was for a two-year program. Mr. McDaniel responded that the original 1-1/2 to two year schedule was with Rumpke, but the Solid Waste Authority was participating for only the first year. SWACO has agreed to extend participation for the purposes of study because the program has been so successful in the recycling rate. Mr. Lecklider asked when the study period would end. Mr. McDaniel responded that the study period would terminate in mid July of 2004. The next contract period would begin the following March. Mr. Lecklider asked if another survey would be done between now and then. I RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 December 15, 2003 Page 13 Held 20 Mr. McDaniel responded that at this point, the plan is to survey using their consultants on collection and participation. As far as a resident survey, he is not certain that another is needed at this point. He added that staff is not yet committed to bidding this type of program citywide. They are working with the Solid Waste Authority on specification design for this program. More information will be provided to Council in January, including survey results. Mayor McCash added that the City needs to review the sizes of garages during the zoning process to ensure they are sufficiently sized for two vehicles plus the waste and recycling containers. Mr. McDaniel responded that staff has undertaken education efforts for those who don't have two-car garages and has found the containers can be accommodated. He agreed that it is a consideration for the development process. Vote on the Resolution: Ms. Salay, yes; Mr. Lecklider, yes; Mr. Reiner, yes; Mr. Kranstuber, yes; Ms. Chinnici-Zuercher, yes; Mayor McCash, yes; Mrs. Boring, yes. LAND USE Resolution 48-03 Requiring Development in a Conservation Design Pattern in Appropriate Areas of the City of Dublin. Mr. Reiner introduced the resolution. Mr. Harvey stated that Council and Planning Commission have worked this proposal on for the past year. It would require residential development proposals to include an option for conservation design. During the course of the application submittal, that option would be reviewed by staff and ultimately with Planning Commission to determine if a conservation design approach is appropriate for the land use in the particular area. Included in the resolution are 16 design criteria. It is an attempt to encourage conservation design. Among the descriptive requirements are a goal of 50 percent open space and density per the Community Plan. It does not necessarily require a change in housing styles, although it anticipates a creative approach to provision of housing as well as lot configuration. Ms. Salay asked about the lot widths in attachment A, pages 1 and 2. Mr. Harvey responded that he does not know the lot dimensions, but the lot sizes would typically be smaller. The intent was to illustrate how a given acreage could have the same yield with a conservation approach and 50 percent open space. Ms. Salay asked about the feedback from the development community on this proposal. When this was suggested previously, there was a lot of resistance. Mr. Harvey noted that he came into the process late, but there has been some confusion about conservation design in its traditional sense that originated with the farmland preservation effort and a very rural approach to development. The effort now is to apply it to a semi-rural, semi-urban setting and there has been some confusion about how that might be done and questions about housing types, etc. Given that, the clarifications are helping to clear up some of the confusion in the development community. They are now feeling the market pressure for this type of development. It is an estate feel and typically appeals to an upscale market. In that respect, it is a good fit for Dublin and the local development community is beginning to understand that. Vote on the Resolution: Ms. Chinnici-Zuercher, yes; Ms. Salay, yes; Mr. Lecklider, yes; Mrs. Boring, yes; Mayor McCash, yes; Mr. Kranstuber, yes; Mr. Reiner, yes. AGREEMENT Resolution 49-03 Consenting to, Approving and Authorizing the Continuation of an Existing Mortgage and the Execution of a Third Change in Terms Agreement, All in Connection with the Extension of a Revolving Credit Loan Note from the Huntington National Bank to Tartan Golf Company, LLC Relating to The Golf Club of Dublin. Mayor McCash introduced the resolution. Mr. Smith stated that bond counsel has provided a brief cover memo in the packet. This relates to the capital loan taken out when the project began and is a standard renewal. There is no increase in the City's risk or debt. Bond counsel has reviewed the documents. In addition, he noted that the City has received the financial records from the Golf Club of RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 December 15, 2003 Page 14 Held 20 Dublin that are being reviewed and analyzed pursuant to the City's agreements with Tartan. Vote on the Resolution: Mr. Lecklider, yes; Mr. Reiner, yes; Mayor McCash, yes; Ms. Chinnici-Zuercher, yes; Mr. Kranstuber, yes; Mrs. Boring, yes; Ms. Salay, yes. OTHER . Wall Street - Final Plat Mr. Hammersmith stated that this is a right-of-way dedication plat for Wall Street. Mr. Kranstuber moved approval. Mr. Reiner seconded the motion. Vote on the motion: Mr. Lecklider, yes; Mrs. Boring, yes; Ms. Salay, yes; Mr. Reiner, yes; Mayor McCash, yes; Mr. Kranstuber, yes; Ms. Chinnici-Zuercher, yes. . Preliminary Plat - Wedgewood Glen Mr. Turnock noted that the Planning Commission reconsidered this plat on November 13, 2003. It was originally approved on May 1, 2003. Condition #10 of the original approval asked that the applicant remove a lot from the eastern side of the development and place it elsewhere in the subdivision. If it affected the roadway system, the applicant was required to return to the Commission with a new preliminary plat. The applicant was not able to remove the lot without changing the roadway system or interfering with open space. On November 13, it was brought back to P&Z for reconsideration, and the preliminary plat was approved, minus Condition #10, by a vote of 3-2. Those in favor of the motion cited the excess parkland dedicated and the applicant's attempt to work with staff to find another location for that lot. Mrs. Boring noted that the density for the subdivision is 1.25, which translates to 81.8 lots. P&Z was unwilling to round this up to 82 lots and instructed the applicant to eliminate a lot. The desire of P&Z was to hold the density to 1.25, but it now stands at 1.257. Mr. Kranstuber moved approval of the preliminary plat. Mayor McCash seconded the motion. Vote on the motion: Mayor McCash, yes; Mrs. Boring, no; Ms. Chinnici-Zuercher, yes; Mr. Reiner, no; Mr. Kranstuber, yes; Mr. Lecklider, yes; Ms. Salay, yes. . Final Plat - Wyandotte Woods Section 4 Mr. Turnock stated that the conditions for approval have been met or will be met as construction proceeds on the site. P&Z recommended approval by a vote of 7-0 on November 13, 2003. Ms. Salay moved approval. Mr. Kranstuber seconded the motion. Vote on the motion: Ms. Chinnici-Zuercher, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mr. Lecklider, yes; Mayor McCash, yes; Mr. Kranstuber, yes; Ms. Salay, yes. . Pedestrian Tunnel Study Final Report Mr. Hammersmith stated that staff is requesting that Council by motion adopt the final document as presented. He noted that the Muirfield/Brand tunnel has been removed from the programmed projects and placed in the future needs table. At the November 17 meeting, Council approved a motion regarding the first three priorities for programmed projects. The document is to be used as a guide document for future CIP consideration and planning. Mayor McCash moved approval of the pedestrian tunnel study final report as a guide for future CIP consideration and planning. Ms. Salay seconded the motion. Vote on the motion: Mrs. Boring, yes; Mayor McCash, yes; Ms. Chinnici-Zuercher, yes; Mr. Reiner, yes; Mr. Kranstuber, yes; Ms. Salay, yes; Mr. Lecklider, yes. . Fee Waiver - Dublin Lions Club Mr. Kranstuber moved approval of the waiver. Mr. Reiner seconded the motion. Mrs. Boring asked that the information in the facility reservation details be revised to clarify that this is for both the glaucoma screening and blood drive. 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. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 December 15, 2003 Page 15 Held 20 . Fee Waiver for Rezoning Application - SBC Ameritech - Case No. 03-147Z (Ordinance 143-03) Mr. Harvey explained that this is a fee waiver for a zoning application that the City requested the applicant file for a telecommunications facility. It is currently zoned CC, but the City Code does not really address telecommunications uses. With this change to a planned district, the City can specifically address the use and can address several issues with the property, including avoiding the need for variances. Mrs. Boring moved approval of the fee waiver. Ms. Salay seconded the motion. Vote on the motion: Mayor McCash, yes; Mr. Reiner, yes; Mr. Lecklider, yes; Ms. Chinnici-Zuercher, no; Ms. Salay, yes; Mrs. Boring, yes; Mr. Kranstuber, yes. STAFF COMMENTS Council Discussion . Restructuring of NRAC and CSAC Ms. Crandall stated that staff has met with both commissions regarding this issue. The members present were in agreement with the concept of combining into one commission, but they emphasized the need to retain the focus of both of the commissions so that the goals would be combined into one. When asked if they have interest in serving on the new commission, there was some interest expressed by those with expiring terms. An idea suggested was establishing the commission as a nine-member group temporarily to accommodate individuals with continuing terms as well as those interested in extending. Mrs. Boring noted that Council a few years ago combined several boards and commissions. A lot of work was done on their goals and purpose and these would need to be combined in any new arrangement. She agrees that the attendance at some commissions has been dwindling, and perhaps Council has not given them enough assignments. The only concern is with reducing opportunities for the public to serve on commissions. On the other hand, the lack of attendance is a compelling factor. Ms. Crandall stated that CSAC has had a steady flow of assignments from Council and the attendance reflects that. NRAC has not seen as many active assignments, and as a result, attendance has been falling. Discussion continued. Ms. Chinnici-Zuercher asked how the term "temporary" would be defined? Is staff suggesting that a Chair and staff can manage a nine-member group successfully? If a motion were to be considered tonight to approve this, she would want a time limit for purposes of evaluation. Often in large groups, members don't take their attendance quite as seriously, because their vote and dialogue are not as important as in groups where there are fewer members. An evaluation time period would allow the Chair to provide feedback as well regarding managing a group of that size. Ms. Brautigam clarified that Council is not finally approving this concept tonight, but rather directing staff to come up with an idea for a resolution or ordinance to change the composition of these commissions. Staff will discuss some of the issues Council has raised and return with a proposed ordinance for Council's consideration. Ms. Chinnici-Zuercher stated that the goal is to shorten this process by providing input tonight regarding ideas to incorporate. Hopefully, it will not then require another 90 days for approval of the restructuring. Ms. Crandall stated that she would pursue the concept of a nine-member commission, based on input tonight. Quarterlv Meetinqs with the City Manaqer Mrs. Boring suggested that this matter be discussed during goal setting. COUNCIL COMMITTEE REPORTS/COUNCIL ROUNDTABLE Mr. Lecklider: 1. Wished Mr. Kranstuber the best of luck, and noted that he appreciates his assistance over the years. 2. Noted that Holly Days was a very successful event and he enjoyed it very much. Next year, the event moves to Historic Dublin. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 December 15, 2003 Page 16 Held 20 3. Proposed in regard to Campaign Finance Disclosure laws, that Council considers revisiting some of the City's regulations, specifically with respect to donations or contributions made by organizations of any kind - labor, political action committees, etc. He is not certain to the extent this can be done, and so is suggesting this be reviewed. One concern is with an organization spending money on behalf of a candidate, specifically benefiting that candidate, without any sort of acknowledgment. Mr. Smith noted that there has been case law in Ohio on this issue in recent years. He asked for clarification of the specific concern. Mr. Lecklider asked what would prevent a PAC from generating literature on behalf of a candidate without having made a direct contribution to that candidate? Mr. Smith stated that he can review this - the issue of whether any funds spent directly or indirectly on behalf of candidate be reported as inuring to that candidate or be reported as an in kind contribution. Mr. Lecklider asked to what extent this could be done in advance of the election. Residents should have the benefit of knowing who is contributing to a campaign ahead of the election. Mr. Smith responded that there may be a first amendment issue involved, but he will review this. Mr. Lecklider added that he is also interested in the following: 1) Requiring disclosure after the fact; and 2) To what extent disclosure is required of the individuals controlling an organization contributing to a candidate. Mr. Smith responded that he would review the state law on this. It is certainly addressed in state campaign finance disclosure law. Mayor McCash clarified that what Mr. Lecklider is interested in is requiring the PAC's to file campaign finance disclosure at the local level as well. Mr. Lecklider confirmed this. He added that this would not necessarily be limited to PAC's, but would include other organizations or wealthy individuals who decide to underwrite a mailing. The issue is one of disclosure. Discussion continued. Ms. Chinnici-Zuercher asked if this was an issue in the recent election? She is not aware of anyone who sent out letters, other than individuals and associations. Mr. Lecklider clarified that this activity occurred two years ago. Ms. Salay added that it was a direct mail piece sent out by a PAC on behalf of a candidate, and the PAC and the individuals involved were completely unidentified. Mayor McCash stated that he doesn't have a concern with requiring more disclosure to the public. If staff needs direction from Council to review this, he would not object. Mr. Lecklider noted that it might be appropriate to refer this to a Committee of Council. Mr. Smith suggested that Legal staff provide information to Council regarding this matter in the next 30 to 60 days. Council can then determine how they would like to proceed. Ms. Salay: 1. Received a call recently from a Ballantrae resident regarding some school district issues, communication from the City to the neighborhood, and train noise. Because Ballantrae and other southwest areas are located in the Hilliard School district, they receive only the Hilliard SNP paper. They are not receiving the Dublin Ufe magazine nor the Rec Center brochures. What efforts can the City initiate to resolve this communication problem? Ms. Puskarcik responded that the boundary issues are confusing, and staff has been in discussion of this issue with SNP and This Week newspapers. They are also hearing of a similar issue with Tartan Fields, which is located in Dublin Schools but not the City of Dublin. The City of Dublin residents would be a first priority in terms of communication efforts. Staff is also looking at web site and e-newsletter communication tools. Progress is being made on resolving the issues. 2. Noted that legislation has been proposed at the State regarding the establishment of quiet zones for areas with railroads. It is common in areas of the country where the rural landscape is being absorbed by development. In Ballantrae, there are three railroad crossings in close proximity of frequent train whistles. There are several ways to accomplish the quiet zone, but a City government would need to RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 December 15, 2003 Page 17 Held 20 take the initiative to help the residents with the train noise issues. She has information regarding this legislation. 3. Reported a recent occurrence of broken glass on her street resulting from a bulk pick-up of glass panels. The City was extremely responsive to her request to clean up the glass from the roadway, and she is very appreciative. 4. Thanks to staff for their work on the remodeling of the Council Chambers. The chairs are very comfortable! 5. Thanks to Mr. Kranstuber for his years of service on Council. She appreciates his perspective, his ability to calm angry and impassioned people, to lay the issues on the table without offending anyone, and to get to the heart of the matter, bringing forth consensus. Dublin's loss is truly his family's gain! Mrs. Borinq: 1. Noted that she received a request from Joe Ryan of Riverside Drive to have Council and staff review a videotape of his water issues. It relates to runoff issues on his property. Mr. Hammersmith responded that staff has reviewed the tape. Mr. Ryan continues to have issues with his well and his water quality. Ms. Brautigam stated that there is not a resolution to Mr. Ryan's problem that relates to turbidity in his water. The City did not cause this problem, yet Mr. Ryan is requesting public water and sewer service at the City's cost. Staff has responded that the City did not cause this problem and therefore will not pay for public water and sewer service for his property. Mrs. Boring stated that Mr. Ryan continues to maintain that the development on the east side of Riverside Drive has been the problem, as the turbidity did not exist prior to the development. Mr. Hammersmith commented that he researched this, and this development related more to his stormwater issues and not necessarily his well water quality. Actually, Mr. Ryan's well was replaced by the developers of Wedgewood Hills several years ago. Mr. Ryan wants to have City water, and has been told that Council has not made a decision on programming of utility extensions to unserved areas. Staff is to report back on that issue to Council. Mrs. Boring summarized that, in any case, she has asked that staff and Council review the tape. 2. Noted that a memo was provided to Council previously about the speed limits on SR 161. The current speed limit is 35 mph and in order to encourage people to use this roadway, she had asked about the possibility of increasing the speed to 45 mph in the portion between Sawmill and Riverside Drive. Mr. Hammersmith stated the first step requires that a speed study be commissioned to submit to ODOT for review. ODOT would have to concur with raising the speed limit in this portion of the state route. Mrs. Boring moved to direct staff to commission a speed study for this portion of SR 161 between Sawmill and Riverside Drive for submission to ODOr. Mr. Kranstuber seconded the motion. Ms. Salay pointed out a concern with safety in the area around Historic Dublin and the school zones, should the speeds be increased. Mrs. Boring noted that the bridge crossing would provide the transition for this area. Vote on the motion: Ms. Chinnici-Zuercher, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mr. Lecklider, no; Mayor McCash, yes; Mr. Kranstuber, yes; Ms. Salay, yes. Mr. Hammersmith stated that staff would report back regarding the speed study prior to submission to ODOr. 3. Recalled that when she first served on Council, she served with Mr. Campbell and she always considered that an "Era of Dublin Being Blessed." For Mr. Kranstuber, it was an "Era of the Youth"- he brought youth concerns to the forefront, with the Rec Center and the many youth focused initiatives. She praised him for his constant efforts in maintaining communication with the community and with Council Members. After 12 years on Council, there is much to be said about him. She will miss him as will many others. Congratulations on 12 years of service to the community! Mr. Reiner: 1. Recognized Community Relations for the wonderful Holly Days celebration. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC.. FORM NO. 10148 December 15, 2003 Page 18 Held 20 2. Thanked the City Engineer and Cynthia Reed of the Muirfield Civic Action Committee for assistance in the Muirfield/Brand intersection project. Their preparation and work helped to facilitate tonight's process. 3. Referred to Mr. Kranstuber as a "good egg" and noted that he will miss him. He and Mr. Campbell set the bar so high for other cities in terms of the Recreation Center. That was a risky and gutsy move at the time and set Dublin far ahead of other cities. He will always be in awe of that. Mr. Kranstuber has a huge track record of accomplishments, including most recently the passage of an appearance code. All the best to him in the future! Ms. Chinnici-Zuercher: 1. Reported that she attended the National League of Cities meeting last week, including two workshops. The workshop materials are in the Council planning room for any Council Member who has an interest. Both sessions, "Building a High Performance Council" and "Gaining Public Trust in Political Chaos: Leadership and Ethical Conduct" were very worthwhile. She also serves on the Public Safety and Crime Prevention Policy Committee for NLC and shared the program. 2. Pointed out that Charleta Tavares of Columbus City Council was appointed the Chair of the NLC Health and Human Services Policy Committee - an important representation level for Ohio. She was a strong advocate in the state legislature and now at the Columbus City Council of supporting government involvement in the funding and development of public policy for human services. 3. Expressed gratitude for the Holly Days events that she enjoyed with her grandchildren. Everyone who attended seemed to have a wonderful time. Hopefully, the weather will cooperate next year as the event moves to Historic Dublin. 4. Commented that Mr. Kranstuber has demonstrated incredible leadership, both as Mayor and as a Council Member. His leadership set a very high bar for the others. Personally, he has been a great mentor to her on Council over the past four years. He has supported development of a public policy that ensures that citizens have the opportunity for involvement in the decision-making process. He also made certain that Council remembered at all times that the citizen was the reason the City has such a wonderful tax base and that decisions need to focus on the welfare of the citizens. Thanks to him for his leadership over the past years. Mayor McCash: 1. Asked if staff could post a 55 mph speed limit sign at eastbound US 33 at the Avery-Muirfield entrance. He hears constantly at Mayor's Court that there is no signage posted in this location. 2. Commented that he will miss Mr. Kranstuber's ability to allow everyone to voice his or her opinion, and then agree to disagree. He has continued to operate in this way during his Council service. He has given so much to the community and everyone has learned a lot from him. He will miss him on Council! He is looking forward to the reception tomorrow night. Mr. Kranstuber stated that he would save most of his comments for tomorrow night. He appreciates the nice comments of Mr. Maurer and the six Council Members. He is very certain that he takes much more than he has given, especially in terms of the friendships. He will have more comments tomorrow evening. Thanks to everyone! Mayor McCash moved for adjournment at 11 p.m. Ms. Salay seconded the motion. Vote on the motio . . Chinnici-Zuercher, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mr. Lec s. Salay, yes; Mayor McCash, yes; Mr. Kranstuber, yes. ~ Q~ Clerk of Council