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HomeMy WebLinkAbout05/04/2009RECORD ®F PROCEEDINGS Minutes of Dublin City Council May 4, 2009 Mayor Chinnici-Zuercher called the Monday, May 4, 2009 Regular Meeting of Dublin City Council to order at 7:00 p.m. at the Dublin Municipal Building. Present were Mayor Chinnici-Zuercher, Vice Mayor Boring, Mr. Gerber, Mr. Keenan, Mr. Lecklider, Mr. Reiner and Ms. Salay. Staff members present were: Mr. Foegler, Ms. Grigsby, Mr. Smith, Mr. McDaniel, Chief Epperson, Ms. Crandall, Mr. Earman, Mr. Hahn, Mr. Hammersmith, Mr. Harding, Mr. Langworthy, Ms. Puskarcik, Mr. Thurman, Ms. Wilson, Ms. Adkins, Ms. Gilger, Ms. Hoyle, Ms. Ott, Mr. Racey, Mr. Richardson, and Ms. Worstall. PLEDGE OF ALLEGIANCE Avery Stinchfield, student at Dublin Jerome High School led the Pledge of Allegiance. Ms. Salay presented him with a signed photo of the City Council. APPROVAL OF MINUTES • Regular Meeting of April 20, 2009 Mr. Gerber moved approval of the minutes of the April 20, 2009 Regular Council meeting. Ms. Salay seconded the motion. Vote on the motion: Mayor Chinnici-Zuercher, yes; Vice Mayor Boring, abstain; Mr. Reiner, abstain; Mr. Lecklider, yes; Mr. Gerber, yes; Mr. Keenan, abstain; Mr. Gerber, yes. PROCLAMATIONS • Senior Citizens Month Mayor Chinnici-Zuercher presented a proclamation to Mel Ehrlich, Dublin Community Senior Citizens Advisory Board President and Willie Ehrlich, Program Chairperson in honor of Senior Citizens Month and Senior Citizens Day, which is Tuesday, May 19th. Mr. Erlich thanked Council for the recognition of senior citizens and described some of the May activities planned for seniors in Dublin. • Grounds of Remembrance Community Support Mike Kehoe, Veterans Project Committee noted that the Committee is presenting fundraising updates for Council. Susan Robinault, Dublin A.M. Rotary presented the City with a $15,000 donation from the Dublin A.M. Rotary for a sycamore grove tree at the Grounds of Remembrance. Mayor Chinnici-Zuercher accepted the check and thanked the Rotary for their generous donation. Robin Moran, 7056 Shady Nelms Drive and Sandy Morckel, 5370 Haverhill Drive updated Council on the results of the Veterans Project Fundraiser, "Red, White and Blue Bash," held on May 1St at the Villages of Coffman Park. Approximately 150 people attended the event. Sixty-seven of the event participants committed to purchasing dedication stones. Including the A.M. Rotary's commitment as a major sponsor, the total fundraising from the event was over $36,000. Mr. Kehoe announced that the official dedication of the Grounds of Remembrance will be held on Monday, May 25 beginning at noon. The event will include a flyover by two F16s. The keynote speaker for the event will be Colonel Tom Moe, who was a prisoner of war in Hanoi, North Vietnam for five years. His cell was located next to that of Senator John McCain. The public is invited to join them for the dedication ceremony. Mayor Chinnici-Zuercher thanked those who have embraced this very worthwhile project within the community. CORRESPONDENCE The Clerk reported a notice had been sent to Council regarding a change of stock ownership for La Marquise, Inc., dba La Chatelaine, 65 W. Bridge Street, holder of two existing D51 and D6 permits. There was no objection from Council. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting May 4, 2009 Page 2 CITIZEN COMMENTS Wallace Maurer, 7451 Dublin Road stated that he will attempt to comment on Council's rescinding of its 2006 action limiting his speech, adding that he does not believe one needs to give thanks for restoration of a Constitutional birthright. His chief concern during these past months was not for himself, but the tremendous power of precedent. This Council, and any subsequent Council, could stop any citizen from commenting on any topic. One of the most difficult things for anyone to do - especiallyfor aperson of power -- is admit that they were wrong. Council took that risk and therefore, applause and praise are due City Council. He believes Council's action raises this City as a political entity above most other entities. LEGISLATION Ordinance 04-09 Amending Chapter 31 (City Officials) of the Dublin Codified Ordinances, by Amending and Enacting New Sections to Revise Contribution Limits, Revise the Types of Entities Subject to the Contribution Limits, Create an Exemption for Volunteer Time and Expenses for Campaigns, Amend the Definitions of Campaign Finance Provisions, Strengthen Candidate Disclosure Requirements, and to Create Enforcement Mechanisms. Mr. Smith stated that Ms. Readier has responded to the questions raised by Council members at the last discussion of this matter. He offered to respond to any further questions. Vice Mayor Boring referred to page two of the ordinance, Section F under "Campaign Contribution Limits." She recommends further clarification of the campaign committee by adding the word "unaffiliated." Mayor Chinnici-Zuercher summarized that on page two, the fourth line, the revision would read "unaffiliated campaign committee." Mr. Lecklider stated that he concurs with that revision. He would have preferred this legislation to go somewhat further in terms of the disclosure required of political action committees, but he respects the different opinions expressed. He does acknowledge that some revision to the existing legislation is preferable to none, and will support the legislation. Mayor Chinnici-Zuercher invited public testimony. Wallace Maurer, 7451 Dublin Road referred to Section (E) of the proposed amended ordinance, "Candidate Resources." Is there any limitation to the use of a candidate's own resources? Is there a limit of one donation by a candidate to his/her own campaign of $150 or $250, based on a ward seat or at-large seat? Mayor Chinnici-Zuercher clarified that there is no limitation upon the amount the candidate may invest in his or her own campaign. Mr. Smith stated that a candidate may self fund their campaign at whatever amount they desire. Mr. Maurer stated that he is concerned because it is conceivable that a future candidate will provide him or herself with unlimited funds. Under "independent expenditures," in one section of the legislation, it is stated that the candidate would need to sanction the contribution and that they need to be listed. In another section, the indication seems to be that independent expenditures do not need to be sanctioned by the candidate. Mr. Smith clarified the intent of the language. Mr. Maurer noted that he understood the intent, but remains concerned about the power of wealth. Ms. Salay stated that some Council members share Mr. Maurer's concerns, and she also has some reservations about the fact that this legislation will not require the registration of political action committees (PACs). A PAC could come to Dublin and raise and spend money independent of a candidate. The PAC will not be identified; RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting May 4, 2009 Page 3 their contributors will not be disclosed to the residents until after the election. She is troubled by the fact that Council was not able to concur on this issue and find a way to keep Dublin's local elections local by requiring such identification of campaign contributors. However, she agrees with Mr. Lecklider's comment that the changes that have been proposed are positive, so she will be supporting this amendment. Mr. Reiner responded that he would not support the proposed amendments due to the aforementioned reasons regarding political action committees and the amounts that can be contributed to candidates by these entities. Vote on the Ordinance: Ms. Salay, yes; Mr. Reiner, no; Mayor Chinnici-Zuercher, yes; Vice Mayor Boring, yes; Mr. Keenan, yes; Mr. Gerber, yes; Mr. Lecklider, yes. SECOND READING/PUBLIC HEARING Ordinance 20-09 Amending Chapter 111 ("Alcoholic Beverages") of the Dublin Codified Ordinances, Specifically Section 111.05 ("Sales to and Use by Underage Persons; Securing Public Accommodations") to Impose Stricter Requirements to Discourage Adults from Permitting Underage Consumption of Alcohol, and Section 111.99 ("Penalty") to Enact New Affirmative Defenses. Chief Epperson stated that the Police Department is supportive of the proposed amendments. Mayor Chinnici-Zuercher invited public testimony. Daniel Weirick, 3226 Creston Court stated that he is a freshman at Dublin Scioto, a Dublin ACT (Adolescents and Community Together) Council member, and the son of a Columbus police officer. Underage drinking is a problem in itself, but parents supplying the alcohol make the situation worse. Some parents may think that if the youth are drinking within their home and the parents are supplying the alcohol, that is fine. It is not; it is illegal to supply alcohol to underage youth; there are no exceptions. If the child who drank in the home left the house and attempted to drive, it could result in a tragedy. The adults are setting poor examples for their own children and also for the other youth who are guests in the home. Providing alcohol for minors is against the law, regardless of whether the adult was aware or negligent. Rick Travis, 5881 Leven Links Court stated that he is here as a member of Dublin ACT (Adolescents and Community Together). Although the ordinance focuses primarily on the parents' responsibility, it ultimately could save the life of someone. The passage of this ordinance should not be viewed as limiting the responsibilities of an underage drinker; rather, it addresses a level of accountability for the parents that is often overlooked. This ordinance will reduce the available venues in which to drink. Most high school parties take place in the parents' homes, regardless of whether the parents are home. Parents sometimes need assistance in saying "no" to their children, and this law will provide that. To change the situation in Dublin, it is vital to have the police more involved. If they enforce this on a consistent basis and presenting a strong front, the effort will be successful. When some parents are prosecuted for negligence and permitting underage drinking in their homes, other parents will become aware that this practice will no longer be tolerated. The goal of this legislation is to eventually change the social hosting culture in Dublin to a point where it is no longer tolerated. Morgan Gallatin, 6391 Norshire Court stated that their request is that if Council passes this legislation, the Police will strictly enforce it. If the parents are impacted, they will address the situation with their children. Parents do not want a criminal record for something their children are doing. If enforced, the youth will comply, as it will not be worth the risk to them to lose their freedoms. Parents should not be deceived because their kids are supposedly attending supervised parties. Parents are often on another floor of the house, ignoring what is happening in their home. Kids therefore get the message that parents accept underage drinking as the social norm, and that all RECORD OF PROCEEDINGS Minutes of Dublin City Council _ Meeting May 4, 2009 Page 4 kids will do it. It is necessary for parents not to do so. Passage of this legislation will not impact the youth today as much as the next generation. The underage drinking trend will change in Dublin. Statistics show that in the last 30 days, 59% of seniors, 37% of sophomores and 13% of eighth graders indicated they want to drink. Peter Rogers, M.D., Nationwide Children's Hospital stated that he is board certified in pediatrics and in addiction medicine. He has worked with substance-abusing youth and their families for 25 years. He is impressed that the City is dealing with this issue -- specifically by changing the word "knowingly" to "negligently." He has talked to approximately 3,000 children who have had a problem with alcohol or drugs. When he asks where they drink, they always respond that they drink "at someone else's house." They also say that the parents know about it, and sometimes the parents drank with them. Approximately 4,000 youth under the age of 21 die in the United States each year because of alcohol misuse. He doesn't understand why people are not outraged by this tragedy and why citizens continue to allow the brewing industry and distilled spirits industry to come into homes and market their products. Where are the Congressional inquiries about underage drinking, when there are generations of kids lost because of alcohol misuse? What parents permit their child to do in their home may be their business, but permitting other underage drinking in their home should be illegal and enforced. Someone needs to take responsibility for this situation. He is really proud of Dublin City Council for their enlightened approach. He wishes that other City Councils would do the same. GeorgiAnn Diniaco, Dublin City Schools and Dublin ACT thanked City Council for taking the opportunity to make Dublin a safe place. Research has shown that offering this remedy for the young people is the right thing to do. It is an opportunity for the City and schools to have a consistent language and to look at the other school districts and communities who have enacted a social hosting ordinance. In time, using the environmental strategy certainly does make a difference. She noted that the youth survey indicates that alcohol is the number one abused drug, and without question, the misuse is happening in the homes and at parties. With the entities working together, the parents and young people can be empowered to understand that underage drinking is not acceptable. Not all young people are using, and it is important to validate those young people and their parents. The community's greatest concern is its youth. As Dr. Rogers has shared, there are some unintended consequences of underage drinking. Research also shows the damage underage drinking causes to the brain. On behalf of Dublin schools and Dublin ACT, she thanks City Council for their support and urges Council to adopt this legislation. Chari Young, 8005 Holyrood Court stated that she has been privileged to live in Dublin for 18 years. She has two children, aged 17 and 23. She has served as PTO president, Athletic Booster president, PERC president and has worked with the City and schools on community issues for several years. She thanked Council for listening to Dublin's concerned youth. These young people are Dublin's future, and they have requested Council to do this for them. Council has read the medical and scientific statistics provided in their packets, and Council Members Salay and Gerber addressed those at the last Council meeting. So much more is known now about the dangers of underage drinking to the growing body and brain than was known 30 years ago. The U.S. Surgeon General issued a national call of action in March 2007 to reduce and prevent underage drinking. This same office issued a national call to action almost 40 years ago about the harmful effects of tobacco. Look at what that call to action has done for the health and safety of our nation. This particular piece of legislation will improve the education and awareness in this community. Social host laws have been passed in other cities, including Lakeville, Minnesota -- a community very similar to Dublin. Those residents shared that they have a new respect for each other and for the law. Knowledge is power, and they found that education and awareness were the keys to addressing the problem. Lakeville is one example of a respected community that has adopted a comprehensive plan that includes social host legislation. The U.S. Surgeon General concluded his call to action by stating that reducing underage drinking is everyone's responsibility. She thanks Dublin for also being a role model. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meetinz May 4, 2009 Page 5 Wallace Maurer, 7451 Dublin Road stated that Dublin's current Code contains some ambiguity. Its current language is, "currently prohibits any person from knowingly allowing any underage person to remain in or on the place while possessing or consuming beer or intoxicating liquor." The "possessing and consuming" could be carried out by two separate individuals; the parents possess it, but their kids are consuming it within the home. Embedded in the ambiguity is the school of thought among some parents that the way to prevent wanton self destruction is the principle of moderation. Therefore, they permit their children some restricted drinking to experience it, to keep them within the desired context, attitude and moderation of their family. He has seen this work. There is, however, the serious issue of binge drinking. In general, kids drink because they are bored and can gain peer recognition with this activity. Any potential for genius is being used up and burned out in a pointless way. How to get a culture or society of citizens who yearn for discovery and realizing the possibilities within them is the bigger issue. Mayor Chinnici-Zuercher thanked the young people who came to speak and those who came to support their peers in doing so. Two comments that personally resonated for her are: (1) it is important to change the social norm of this community, and this legislation will hopefully be the first step in doing that; and (2) addressing the problem requires education of the youth, their families and the community at large. Council looks forward to working with the school district and the community at large to develop an educational campaign that is consistent and ongoing to communicate that this is the social norm for this community, not just a brief 2009 effort. She thanks everyone for their active participation and leadership. Vice Mayor Boring stated that the school district crosses city limits into other jurisdictions, such as Hilliard. This needs to be a state-wide campaign. Are there any particular efforts to address this issue underway in Hilliard and Columbus? Mayor Chinnici-Zuercher stated that she is aware that there is a state-wide campaign underway. Ms. Young responded that PERC educational events are advertised to all communities. Representatives from several school districts and communities have attended PERC events. Jill Smock, 3960 Appaloosa Court. Hilliard stated that she belongs to the Hilliard Youth and Family Commission and ACT. Many Hilliard residents are very interested in a initiating such a Hilliard campaign. Mr. Keenan referred to the penalty section in the proposed legislation regarding the impact on driving permits for offenders. Perhaps the Schools could assist with this educational campaign of the potential impacts on driving privileges. Knowledge that their ability to acquire a driver's license could be delayed might also serve as a deterrent. Also, on page 3, Item (G), it states: "The operator of any hotel, inn, cabin or campground shall make the provisions of this section available in writing to any person engaging or using accommodations at the hotel, inn, cabin or campground." He presumes there is a communication strategy in mind for that provision. It appears that the City will be compelling hotels to provide a copy of that ordinance in writing to anyone checking in. Mr. Smith responded that they have discussed distribution of information about this requirement to all the hotels within the City. Mr. Keenan stated that staff needs to ensure there is a plan in place to make the hotels aware of their responsibility. Ms. Salay thanked the youth for their courage in speaking out, the parents participating in PERC and ACT, and the three high school "Safe and Drug Free Schools" counselors. The students' testimony was powerful. It helps to change the culture of the community, which is the goal of this effort. This movement can be likened to the M.A.D.D. (Mothers Against Drunk Driving) movement, which began 20 RECORD OF PROCEEDINGS Minutes ~f Dublin City Council May 4, 2009 Page 6 plus years ago. It is not often Council has an opportunity to change lives, perhaps even to save a life. Mr. Lecklider commended the students, parents, and school administrators and counselors for their efforts. It is hopeful that this legislation will represent a beginning of a positive change within this community. Mr. Reiner thanked the parents and students for pursuing this effort. Staff has worked with Council Members Salay and Gerber to propose this legislation that will greatly benefit this community. There is an abundance of scientific and health information available today that validates the support for and passage of this ordinance. Mr. Gerber thanked the students, organizations, Dublin school administration and the community members who have come together to achieve an effective education and awareness program. The law that will be passed will put some "teeth" into that effort when it is enforced. It is designed as a supplement to the awareness and education program. Vote on the Ordinance: Ms. Salay, yes; Mr. Lecklider, yes; Mr. Gerber, yes; Vice Mayor Boring, yes; Mayor Chinnici-Zuercher, yes; Mr. Reiner, yes; Mr. Keenan, yes. Ordinance 21-09 Authorizing the Provision of Economic Development Incentives to Dimension Service Corporation to Induce the Retention of its Workforce within the City of Dublin, and Authorizing the Execution of an Economic Development Agreement. Ms. Gilger stated that Dimension Service Corporation representatives are present tonight -Jim Brennan and Craig Andrew. Before Council tonight for consideration is a three-year, performance-based incentive agreement that is equivalent to a 20 percent payroll withholding incentive. This agreement is for retention of a company in Metro Center that currently has approximately 120 employees. It provides for a minimum five-year lease extension. Jim Brennan, Dimension Service Corporation thanked Council for their assistance in keeping jobs in Dublin. He briefly described their business, noting they have a wide range of products and services, selling over $70 million annually in extended warranties for new and used automobiles, RVs, motorcycles, snowmobiles, cell phones, etc. in 48 states. In addition, Dimension Service also has products and services in the window film safety and security area. They have outgrown their space and their lease was due to expire. They have been looking at some alternatives, but chose to stay in Dublin because of its freeway access and greenspaces. In addition, they bring many of their 3,200 agents and dealers into Dublin, and the great access to restaurants and hotels provides a significant convenience to them. Vote on the Ordinance: Mr. Reiner, yes; Mr. Keenan, yes; Vice Mayor Boring, yes; Mayor Chinnici-Zuercher, yes; Mr. Lecklider, yes; Mr. Gerber, yes; Ms. Salay, yes. INTRODUCTIONlFIRST READING -ORDINANCES Ordinance 22-09 Authorizing the City Manager to Enter into an Agreement for the Utility Burial Project, Located West of Darby Street, with Shanghi Enterprises, LLC, in the City of Dublin, County of Franklin, State of Ohio, and Declaring an Emergency. Mr. Lecklider introduced the ordinance. Mr. Foegler stated that what triggered this necessity and opportunity resulted from an error in the original construction drawing prepared by the consultant. There was a small section of line burial required as part of the BriHi project that was indicated as not requiring an easement. However, this property is behind the J. Liu's Restaurant, and it has been determined that no easement or right-of-way exists for this particular part of the project. This put the City in the position of not performing the burial and taking the lines overhead from that point on, looking at alternates, or securing the RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting May 4, 2009 Page 7 required easement. In the final assessment, staff is confident with its recommendation. The proposal provides for a slight extension of the burial; the City will not be required to invest in any easement costs; and there is a contribution from the adjacent property owner for this burial. There are some associated costs, but it makes good sense because this will extend the burial to the edge of the adjacent property. It was critical to address this issue because, absent the easement, the City did not have any ability for quick take, eminent domain or condemnation of this property. If the City had not been able to execute these agreements, there was risk of having to stop the construction, exposing the City to serious claims from the contractor for discontinuation of work. In addition, there would have been continued disruption in the Historic Dublin District. Ms. Ott reviewed the detailed site description, the financial component of the agreement and the need for emergency action. The cost of the change to the scope of the utility burial portion of the BriHi project is approximately $130,000. Staff anticipates that cost will be covered by the existing authorizations provided by Council, although it will consume a great portion of the contingency funds. Representatives of Shanghai have approved the agreements proposed with Ordinances 22-09 and 23-09. Emergency action is requested to minimize the disruption in the District. Currently, a very deep hole exists on the edge of this property that extends into Darby Street. The desire is to make Darby Street open to pedestrian and vehicle use as soon as possible. Mr. Foegler stated that, in addition to the $25,000 contribution from the property owner that will help offset the additional cost, the City is also in negotiations with the engineering design firm. They will be expected to make a contribution as well because of their error in the design. Mr. Keenan moved to dispense with the public hearing and treat the legislation as an emergency. Ms. Salay seconded the motion. Vote on the motion: Ms. Salay, yes; Mr. Lecklider, yes; Mr. Reiner, yes; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes; Mr. Gerber, yes; Vice Mayor Boring, yes. Vote on the Ordinance: Mr. Keenan, yes; Vice Mayor Boring, yes; Mr. Gerber, yes; Ms. Salay, yes; Mr. Lecklider, yes; Mr. Reiner, yes; Mayor Chinnici-Zuercher, yes. Ordinance 23-09 Authorizing the City Manager to Enter into an Agreement for a Permanent Utility Easement in a 0.048 Acre Tract, More or Less, and a Temporary Construction Easement in a 0.117 Acre Tract, More or Less, Located West of Darby Street, from Shanghi Enterprises, LLC, in the City of Dublin, County of Franklin, State of Ohio, and Declaring an Emergency. Mr. Lecklider introduced the ordinance. Mr. Gerber moved to dispense with the public hearing and treat the legislation as an emergency. Mr. Lecklider seconded the motion. Vote on the motion: Vice Mayor Boring, yes; Mr. Keenan, yes; Mr. Reiner, yes; Ms. Salay, yes; Mr. Gerber, yes; Mayor Chinnici-Zuercher, yes; Mr. Lecklider, yes. Vote on the Ordinance: Ms. Salay, yes; Mr. Keenan, yes; Vice Mayor Boring, yes; Mayor Chinnici-Zuercher, yes; Mr. Lecklider, yes; Mr. Gerber, yes; Mr. Reiner, yes. INTRODUCTION/PUBLIC HEARING -RESOLUTIONS Resolution 18-09 Accepting the Lowest and Best Bid for the 2009 Street Maintenance Program. Ms. Salay introduced the resolution. Mr. Hammersmith stated that the project was bid on April 22, and six bids were received. Although the bids exceed the budgeted funds, the project was brought within budget by deferring two streets until next year, with a savings of $96,000. The total cost of this year's maintenance program and the contract is $2,710,073.69. He RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting May 4, 2009 Page 8 reviewed the key streets scheduled in this year's program. Another project conducted within the scope of this program is the continued replacement of deficient bomanite, which has been a topic of discussion over the past couple of years. The bomanite stamped concrete at the intersection of Rings Road and Frantz Road will be removed and replaced with brick pavers over a concrete base, similar to the Rings Road/Blazer Parkway intersection repair performed last year. The replacement material provides a more pleasing appearance, which is also more durable to road salt and road plowing. In addition, a bikepath section will be constructed this year from the Dublin Service Center to east of the Dublin fleet maintenance/sign shop along the south side of Shier- Rings Road. Staff recommends approval of Resolution 18-09, authorizing a contract with Strawser Paving Company, the lowest and best bidder. The City has experience with this company and they are highly recommended. Mr. Lecklider inquired if funds could be identified elsewhere to include the two streets that are to be deferred to next year. Mr. Hammersmith responded that during last year's CIP budget hearings, there was discussion of reducing the 2009 and 2010 projects to cover the unanticipated costs of the barriers on the Avery-Muirfield/33 bridge. The street maintenance program is always bid with the understanding that some streets might be deferred in the event the bids are higher than anticipated. He is comfortable with deferring these streets. He would defer to Ms. Grigsby regarding the available funds. The barrier project will cost approximately $700,000. The cost is greater than anticipated due to the uniqueness of the timber material, which is not commonly used by ODOT. Mr. Lecklider inquired if the cost of the project could increase next year. Ms. Grigsby stated that any street maintenance program extends over a period of several months and there is always the possibility to re-evaluate it in the future as other bids come in. At this point, it is recommended that the program remain within the amount allocated for 2009. Mr. Lecklider inquired if the City has received complaints about these streets. Mr. Hammersmith responded that the more common complaint is related to curb conditions. There have been no complaints about these streets in particular. Ms. Salay inquired about the bikepath on the south side of Shier Rings Road, and in particular, about the small section in front of the Dublin Building Systems property. When this property develops, the business will be required to build the bikepath section. Is it possible for the City to complete that section? The City could likely obtain a better price than the business can at a future date, and the City could pass that cost along to Dublin Building Systems. This would provide the residents with a complete bikepath connection. Mr. Hammersmith responded that it was staff's anticipation when this expansion was initially planned that Dublin Building Systems would proceed with their development project. Part of the difficulty in this section involves the required easements. Secondly, the DBS site plan would require the removal of this piece due to the site work. There would also be an issue with available funding. The first step is to estimate the cost, determine how this extension could fit with their site plan, and review the anticipated timeframe for their project. Mr. Keenan inquired if it could be handled with a reimbursement agreement. Mr. Hammersmith responded that such a process has been used in the past. Ms. Salay inquired if the issue is that this section of bikepath would have to be removed or not usable when their site is under construction. Mr. Hammersmith responded that is correct. DBS is planning a complete reworking of their site. Ms. Salay asked if he would provide a report to Council, so she can forward that information to the residents. Vice Mayor Boring inquired how the neighborhoods are informed of the scheduled street maintenance work. Are there restrictions in regard to staying off of the new pavement? RECORD OF PROCEEDINGS Minutes of Dublin City Council Meetintr May 4, 2009 Page 9 Mr. Hammersmith responded that the best means of informing the residents is via door hangers or face-to-face contact by the two project inspectors and the civil engineer. Information is also provided at the City's web site. Staff ensures the residents are aware of any parking restrictions. Traffic is maintained throughout the project. Vote on the Resolution: Mayor Chinnici-Zuercher, yes; Mr. Keenan, yes; Mr. Reiner, yes; Ms. Salay, yes; Mr. Lecklider, yes; Vice Mayor Boring, yes; Mr. Gerber, yes. Resolution 19-09 Intent to Take Ownership of the Cosgray Creek Culvert and Associated Walls, Said Culvert Presently Owned by Franklin County and Located on Avery Road, South of Shier-Rings Road. Ms. Salay introduced the resolution. Mr. Hammersmith stated that this provides notice of the City's intent to take ownership of a 12' by 5' box culvert on Avery Road south of Shier-Rings Road. It is within the area of Avery Road where the City will be making improvements this year, between Tuswell and Innovation Drive. North of Shier-Rings, the road will widen from atwo- lane to a four-lane section. In addition, another bikepath improvement will be made along the west side of Shier-Rings Road, which will require the culvert to be modified by adding a higher headwall and a railing. The aesthetics will be improved by adding some stone facing to the culvert, which is not a typical improvement done by the Franklin County Engineer's office. They have requested that Dublin maintains the culvert if this improvement is made. This culvert was replaced in 1997 as part of the Shier-Rings/Avery Road intersection improvements, so it is a relatively new structure in good condition. Staff is comfortable with recommending that the City take ownership of the culvert. Upon passage of the legislation, Franklin County will transfer ownership to the City of Dublin. Mayor Chinnici-Zuercher stated that the history of the discussions with Franklin County indicates that they did not approve this originally because they determined that Dublin's desired improvement did not meet their specifications and standards. She asked him to provide clarification. Mr. Hammersmith responded that Franklin County does not use stone facing on any of its structures. That is not included in their standards, and they prefer not to maintain such non-standard items. Vote on the Resolution: Mr. Reiner, yes; Vice Mayor Boring, yes; Mr. Gerber, yes; Mr. Lecklider, yes; Ms. Salay, yes; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes. Resolution 20-09 Authorizing the City Manager to Enter into an Agreement with the Ohio Department of Transportation (ODOT) for Sign Maintenance Associated with Improvements to SR 161. Mr. Hammersmith stated that there have been many agreements with ODOT for the interchange improvements and the improvements of S.R. 161. These date back to March of 2006 when Council adopted the primary agreement with ODOT defining the partnership and the funding relationship between the City and the State for these improvements. Subsequently, there were agreements regarding the street lighting and landscaping components of the project. None of the previously approved agreements specifically addressed the maintenance of the roadway signs. The main agreement states that because the improvements are not in Dublin's jurisdiction, that maintenance, unless otherwise specified in the Lighting and Landscaping Agreements, is to be the responsibility of the appropriate agency (ODOT or Union County). The concern regarding sign maintenance was brought forth by ODOT in their review comments for the construction drawings for the relocation of Industrial Parkway and the associated widening of SR 161. Staff addressed this concern with the ODOT project expeditor in February 2008. In order to issue the required right-of-way permit, ODOT has requested that an agreement regarding the sign maintenance RECORD OF PROCEED[NGS Minutes of Dublin. City Council Meeting May 4, 2009 Page 10 responsibilities be formalized. This agreement requires that Dublin maintain all but one of the signs associated with this project. That exception is for an overhead, cantilevered sign, which the City is not equipped to maintain. The contract has been reviewed, and a few minor revisions will be requested before the City Manager executes the agreement. Mayor Chinnici-Zuercher stated that staff's memo indicates that it is typical that ODOT or Union County would have been responsible for the sign maintenance. The letter references that Dublin would take full responsibility. She assumes that the City has a signage standard that is not consistent with the State standards. She is concerned, however, that Dublin continues to fund this entirely with local funds, although this is something that the otherjurisdictions would typically have some responsibility for. Why can't they participate financially as a partner, even if Dublin takes the ultimate responsibility for maintenance of the signs? Mr. Hammersmith responded that the root of the issue is with the standards -the fact that Dublin uses items and materials that aren't standard to ODOT, particularly in regard to lighting, signage and landscaping. They might have participated financially if Dublin had agreed to use their standards. That also would have been dependent upon available funds, as ODOT had not programmed funds for these improvements. Then, it would have been a matter of prioritization for funding for the improvements. The predominant reason, however, is that Dublin desires better aesthetics than those of the typical ODOT projects. As a result, ODOT prefers that Dublin maintain the improvements. City staff is familiar with the materials that are used. The work is done in house, and, typically, with a rapid response. Mayor Chinnici-Zuercher noted that it is unfortunate that Dublin taxpayers cannot have the benefit of the taxes they pay to the state, and only local taxes fund all of this. Over time, this is expensive in the aggregate. Vice Mayor Boring agreed. Why would the state not budget a certain amount each year for sign maintenance and provide that to Dublin toward the expense Dublin is assuming for this maintenance? Mr. Hammersmith responded that it was discussed, but was not something ODOT would consider. The other factor is that SR 161 would potentially be brought into the City in the future, and the City would then have the responsibility for the maintenance of the signs long term. Further, these are custom signs made in the Dublin sign shop and are not something that ODOT produces. Vice Mayor Boring stated that ODOT should still budget a certain amount for maintenance for signage at intersections, and Dublin should receive a credit for this. Mr. Hammersmith stated that staff will approach ODOT to try to have it included in the agreement. He is not optimistic that ODOT will do so. Mayor Chinnici-Zuercher commented that it is a matter of having Dublin projects on ODOT's "radar screen." Perhaps ODOT believes that Dublin has resources available that other communities do not. Mr. Hammersmith added that Dublin also has a different timeline for these improvements than ODOT. Mr. Keenan asked if the roadway with these signs is ultimately annexed into Dublin, would it then be Dublin's responsibility to maintain? Mr. Hammersmith responded affirmatively. Mr. Keenan stated that what is being discussed now is responsibility for the maintenance for the period of time until it comes into the City. Mr. Hammersmith agreed. Vote on the Resolution: Mr. Keenan, yes; Mr. Reiner, yes; Mayor Chinnici-Zuercher, yes; Mr. Gerber, yes; Vice Mayor Boring, yes; Ms. Salay, yes; Mr. Lecklider, yes. RECORD OF PROCEEDINGS Minutes of Dublin City Council May 4, 2009 STAFF COMMENTS Page 11 Update re. Status of Proposed State Legislation Related to Mayor's Courts Ms. Crandall stated that during 2008, legislation related to Mayor's Courts was introduced at the state by Rep. Wolpert. The City's Court and Legal staff have spent a significant amount of time attempting to have the language modified in the original bill, and in monitoring the bill during 2008. Staff is still not satisfied with the final version of the bill, although the Bill was not approved by the legislature in 2008. She and Ms. Wilson have initiated a meeting with Legal staff, the Mayor and Vice Mayor to discuss both the likelihood of similar legislation in 2009 and to discuss possible proactive steps prior to introduction of such legislation. Three possibilities were discussed: meeting with Dublin's state representatives and state senators about why the City is in support of Mayor's Court and in opposition to previously introduced legislation; reaching out to the new members in the General Assembly in some way if legislation is introduced; and continuing to monitor legislative activity if and when such legislation is proposed. Staff is seeking direction from Council about proceeding in this manner, and ensuring that Council's policy is consistent with these proposed actions. The memo outlines that Council's policy is that of opposition to any legislation to change the existing character of Mayor's Court, whether it would require appointment of a magistrate, for the following reasons: • It would further erode the home rule rights of the City of Dublin and municipal corporations throughout Ohio; It would diminish the ability of Council to address issues specific to the Dublin community, such as enforcement in school zones; and It would diminish the ability of the Mayor and Vice Mayor to be aware of specific issues in Dublin, as a result of cases brought before the Mayor's Court, such as aline of sight issue. Staff is seeking direction on the process outlined and reaffirmation of City Council's position regarding future legislation. Mr. Reiner asked who would handle this proposed lobbying effort with the new elected officials at the state. Ms. Crandall responded it would be a combination of Legal staff and City staff. Mr. Reiner asked if there would be a cost associated with this. Ms. Crandall responded affirmatively, although she does not have an estimate of the costs. Mr. Keenan questioned the statement about diminishing the ability of the Mayor and Vice Mayor to be aware of specific issues. Whether it is a magistrate presiding or an officer of Council, the Police Department would still be on site and aware of the details of a case. They could report such information to Council. This is a weak point, and likely would be viewed that way by those opposed to retaining Mayor's Courts. Vice Mayor Boring disagreed. The individual in the case related to a line of sight was still cited into court by the Police. The Police do not have the time to communicate these types of issues to Council, but the court testimony revealed this. Mr. Lecklider suggested that this discussion be handled at the Council retreat, perhaps under the topic of delivery of legal services. The majority of Council is perhaps not fully informed regarding the scope of Mayor's Court. It is a significant aspect and worthy of discussion of all of Council. Mr. Keenan agreed that discussing the matter is worthwhile, in order to be prepared for any legislative action in terms of what the City wants to do in Dublin. This item remains a high priority for Chief Justice Moyer, regardless of Dublin's opinion. Mr. Gerber added that Sen. Hughes has been very involved in this matter and supportive of Dublin's previous position on these issues. Personally, he is not certain of the appropriate persons to contact elected officials, but perhaps it should be Meeting RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting May 4, 2009 Page 12 Dublin's elected officials and not staff or Legal staff. He supports discussion at the retreat due to the policy considerations involved. This will also allow time for further exploration of the issues, discussion with staff, and visiting Mayor's Court to view the operation. Ms. Salay agreed. If Dublin proactively moved to a magistrate system and appointed one, would Dublin then be impacted by future state legislation? For her, it is an issue of who is presiding over the local court and Dublin's role in the selection and communication with that person going forward. This would be quite different than completely taking away Dublin's authority over the Mayor's Court. Mr. Smith noted that there are magistrates who currently preside in Dublin's Mayor's Court on occasions when the Mayor and Vice Mayor are not available. He expects that a bill will be introduced this year on Chief Justice Moyer's behalf. He does not believe the issue will go away, and the magistrate issue will be a key portion. Ms. Crandall noted that the former version of House Bill 154 in 2008 provided more ability in choosing a magistrate, but the language made it virtually impossible to remove a magistrate. Mayor Chinnici-Zuercher added that the Chief Justice is interested in this legislation to ensure the Mayor's Court operates at "arms length" from the City. Even if there is an opportunity to participate in selection of a magistrate, it did not allow for removal. There are larger policy issues to be decided. It was the consensus of Council to have further discussion of this matter at the Council retreat or a future Council meeting. Wallace Maurer, 7451 Dublin Road asked if the state judiciary has noticed gross miscarriages of justice in smaller towns, or radical differences in infractions and punishments meted out. He described a personal account of receiving a ticket at an intersection in Dublin years ago, when fines were an important source of income for the village. Perhaps the state judiciary system is seeking uniformity in the judicial system throughout the small towns and cities in the state. Update on Natural Gas Pricing/Aggregation Program Mr. Foegler noted that Council Members have received several calls regarding natural gas pricing. If Council desires, Mr. McDaniel is prepared to provide a brief overview to clarify some of the issues. Mr. McDaniel provided a brief history of natural gas deregulation, which came into place in the early 2000's. CSAC reviewed the City's program and recommended the City undertake an opt-in program for gas aggregation at that time. The City eventually went to the voters in 2003 to pursue approval of an opt-out program, which assured the volume needed to attract a supplier. The voters approved this issue. The program was implemented through a series of public meetings and processes. The goal was to provide a choice program for natural gas, as there had not previously been much competition. The other goal of the natural gas aggregation was to provide a fixed rate for an annual term; it was never guaranteed that the City's aggregation rate would be lower in cost than rates of other providers or Columbia Gas. Later, the City formed the Central Ohio Public Energy Council with Upper Arlington, Bexley, Gahanna, and Grandview Heights. The purpose of the consortium was to band the volumes together. The program is managed by a third party administrator, American Municipal Power of Ohio. They represent many municipalities throughout Ohio in gas aggregation. The program supplier to Dublin is Interstate Gas Supply, or IGS Energy - - headquartered in Dublin. The goals of the program are predictability of the rate; providing a choice; and ease of joining and leaving the program. It does not preclude residents from leaving the program during the year; residents can leave at any time with no cancellation fee. Rate comparisons are available at the PUCO web site. [He then provided a brief history of natural gas pricing since 2000, and the City's experience until the present time.] The current rate for 2009 is $1.12 per ccf. At the RECORD OF PROCEEDINGS Minutes of Dublin City Council May 4, 2009 Page 13 time of the purchase for 2009 supplies, the market price was $1.42 per ccf for the Columbia Gas variable rate. Currently, the City is hedging its fuel purchases for 2010 and recently purchased 30 percent of its supply for 2010 at $.85 per ccf. Over five years, the residents have paid $181 more as a participant in the aggregation program. Again, the focus has been on having a predictable, fixed cost and having a choice of provider. There have been good and bad years in the aggregation business. There are also times when residents come into and leave the program, so a number of residents already actively manage their choice of gas supplier. He offered to respond to questions. Mr. Keenan stated that there is much misunderstanding about aggregation. A resident contacted him, indicating he had understood he was in the Dublin aggregation program. The resident said that his rate is $1.49, and it was later discovered he was not in the City's program, but rather in the Columbia Gas program. He then enrolled in a lower priced program with Columbia Gas. The point is that the market is volatile and unpredictable. The supply of natural gas has been impacted by the economy, with less demand bringing lower prices. COUNCIL COMMITTEE REPORTS/COUNCIL ROUNDTABLE Mr. Keenan, Finance Committee stated that a meeting is needed for review of bicentennial grant applications. Council agreed to have the Committee review the applications and make recommendation to Council. He indicated that a date will be set later tonight. In addition, the Finance Committee will meet for another quarterly review of the City's financial condition, and perhaps this can take place at the same time as the grant application review. Mr. Keenan stated that he had sent an e-mail to Council regarding Cleveland legislation outlawing text messaging on cell phones while driving. While he is not certain of the enforcement aspect of this legislation, from an educational perspective it is important to let children know of the concerns with this practice. He is hoping for Council's support to have staff review the legislation in Cleveland and propose some suggestions for Dublin. Mayor Chinnici-Zuercher responded that she agrees with reviewing what is being done in other parts of the country. She is somewhat concerned with what constitutes too much government intervention, as adults also text message while driving. However, she would support exploring this legislation. Ms. Salay indicated she is supportive as well. She has observed people reading newspapers, eating, etc. while driving. She wonders where the line can be drawn. Mr. Keenan responded that he often reads news articles about people involved in serious accidents which occur while they are distracted with text messaging and such technology. It is important to let citizens -adults and youngsters -know of the dangers in these practices. Many convictions have taken place based on cell phone records of those at fault in such accidents. Mayor Chinnici-Zuercher stated that New York has laws that require motor vehicle operators to use hands-free devices for cell phones. Perhaps this is the issue to be addressed versus prohibiting texting. This could be part of the research as well. Ms. Salay stated that she would support such hands-free regulation. Mr. Keenan noted that would likely constitute too much government intervention, in his opinion. His goal is to send a message about the dangers of text messaging while driving. It was the consensus of Council to have staff research what other entities have done in this regard. Mr. Lecklider suggested that the Law Director and Police Department consult regarding the feasibility of enforcement as well. If staff provides a report, Council can then make a decision of whether or not to pursue this in depth. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting May 4, 2009 Page 14 Mayor Chinnici-Zuercher agreed, noting that the enforcement aspect is critical. Mr. Gerber added that he would like information about what the state of Ohio is considering in this regard. Ms. Salay: 1. Asked Mr. Hammersmith for a brief update on the Waterford Drive, Monterey Drive area flooding. Mr. Hammersmith noted that staff evaluated the problem, after calls from Council Members Gerber and Salay. Staff will take action to remedy the problem through the City's stormwater maintenance company, George Igel. A catch basin will be installed to remedy the problem, with an estimated timeframe of the end of June. 2. Noted that the metal fencing on some bridges is in need of painting, especially those over I-270. The lighting on the Rings Road bridge has been improved and is a good addition. Mr. Hammersmith responded that he has had discussion with the Service Department about the painting. Part of the issue is with recoating of the pieces and working in place. There is discussion with ODOT of removal of individual panels to do the work, but they are not easily removed. The lighting changes were made, as authorized in the budget. Mr. Reiner suggested exploring two options: establishment of a "bicycle board" and a "senior advisory board." 1. During the Portland conference, he observed a large percentage of population who bicycle to work, even during inclement weather. He learned that it involved a cultural change and was achieved by means of a citizen group who escorted people on bicycle tours on trails throughout the city. Portland also utilized the "20-minute concept" - 20 minutes to access anything needed via pedestrian traffic. This is in line with the pod concept being used in new subdivisions in Dublin. All of this saves energy and is good for the environment. 2. The second concept he would like to explore would be to build upon the wealth of CEOs and senior management people nearing retirement who live in Dublin. They could serve on an advisory board to help Dublin youth channel their imagination into a focus toward solving business problems. In addition, this type of Board could mentor and assist young people in finding employment, starting businesses in Dublin, and remaining in the community in which they have grown up. It would be somewhat of a "peace corps" of people who want to help out, helping young people with business ventures. Mayor Chinnici-Zuercher asked about the potential relationship between such a senior advisory board and the existing Business Advisory Council who works with Dublin Schools. Perhaps these individuals could assist the BAC, which is already engaged with the school district in this effort. Ms. Salay and Mr. Gerber expressed support of this idea. Mayor Chinnici-Zuercher asked if Mr. Reiner would envision a "bicycle board" as a part of the Parks & Recreation Advisory Commission. Mr. Reiner responded that there were many people in Portland interested in forming such a bicycle advisory board and the group came to the government for support. The government provided maps and materials. The group itself promoted bicycle travel throughout the neighborhoods. Mayor Chinnici-Zuercher asked staff to provide information about how such a group could be established in Dublin. Mr. Gerber: 1. Stated that in the past few months, businesses have many seasonal displays outside, but they all seem to operate under different rules. There are different zoning texts as well as zoning code provisions related to seasonal and outdoor sales, resulting in a compliance and code enforcement nightmare. He would RECORD OF PROCEED[NGS Minutes of Dublin City Council Meeting May 4, 2009 Page 15 like to have staff report on what currently exists, and make suggestions for how to improve upon the situation. The goal would be consistency in terms of code enforcement. He added that in a 'green' community such as Dublin, having some plant material outside seems acceptable. He requested that staff provide such a report to Council. Vice Mayor Boring asked if Planning staff can discuss what types of modifications have been made. She had understood that there was some modification made related to the amount of plant materials stored outside. Mr. Langworthy responded that, depending upon the development text, there are many different rules for different areas. His understanding is that Mr. Gerber is seeking a way to ensure uniformity across the community. Mr. Gerber agreed. Mayor Chinnici-Zuercher asked what timeframe will be required to have this report from staff. Mr. Foegler responded that information will be provided to Council at the May 1 grn meeting. It was the consensus of Council to request this report from staff. 2. Noted that he received a call from a neighbor last week in an older neighborhood, where a fence has surrounded the property for 20 years. The fence was damaged in recent storms. The Code permits replacement of such a fence `as is,' with the same materials. The resident wants to improve upon the materials, changing from asix-foot cedar fence to a four-foot wrought iron fence. Under Dublin's Code, he is not permitted to do so. He can request a variance, or can do one side per year and not seek a permit whatsoever. He is aware of the strict fencing rules in the City's newer neighborhoods, which were enacted in the interest of preserving viewsheds. In the older neighborhoods with existing fences, however, their viewsheds may be quite different. In fairness, and because it may not have been contemplated in the fence code amendments, he asked that staff investigate this matter and propose a solution to address it. Vice Mayor Boring noted that she would like more information about the situation before supporting this request. Mr. Foegler stated that the Planning Director has been asked to examine the cases where this has come up. Because of the minimum building setback area where fences are prohibited, many areas were developed and platted with swimming pools in the backyard that did not contemplate any of those kinds of regulations. There are many unintended consequences from the regulations enacted in 2003. Staff is now being asked to review those unintended consequences, and determine if there is some policy to effectively address that. Staff can provide a comprehensive report with some suggestions for Council to consider. It was the consensus of Council to have staff provide this report. Vice Manor Boring reminded everyone to vote tomorrow. There is an issue on the ballot related to the Metro Parks. Manor Chinnici-Zuercher: 1. Reminded Council to review their calendars for the many events scheduled in the coming weeks. Council's retreat is scheduled the evening of Thursday, May 14, continuing all day on Friday, May 15 at the Golf Club of Dublin. The annual Police Memorial Service takes place at 1 p.m. on Thursday, May 7. 2. Noted that she recently participated in the Second Annual African American Excellence Recognition Program at Dublin Scioto High School, sponsored by Dublin Parents of Black Students Association. This year, they honored just under 300 students in the District who have been named to the merit or honor roll. It was a privilege to attend. In addition, the group provides funds for a scholarship award each year. 3. On Sunday, April 26, the Miracle League of Central Ohio had the groundbreaking for the pavilion. Much of the funding for the pavilion was donated by the Muirfield Civic Association. Over 200 children and their families RECORD OF PROCEEDINGS Minutes of Dublin City Council _ Meeting attended, as well as past donors to the Miracle League. She asked Mr. Hahn for an estimated completion date for the pavilion. Mr. Hahn noted that it will be completed within the next couple of months. 4. Reported that the Mid Ohio Regional Planning Commission annual meeting and luncheon took place this past week, and a number of Dublin officials attended. Page 16 ADJOURNMENT TO EXECUTIVE SESSION Mayor Chinnici-Zuercher moved to adjourn to executive session at 9:30 p.m. for discussion of legal matters (to confer with an attorney for the public body concerning disputes involving the public body that are the subject of pending or imminent court action), land acquisition matters (to consider the purchase of property for public purposes), and personnel matters (to consider the appointment, employment, dismissal, discipline, promotion, demotion, or compensation of a public employee or official.) Ms. Salay seconded the motion. Vote on the motion: Ms. Salay, yes; Vice Mayor Boring, yes; Mr. Reiner, yes; Mr. Lecklider, yes; Mr. Gerber, yes; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes. Mayor Chinnici-Zuercher noted that the meeting will be reconvened following the executive session only for the purpose of formally adjourning. There will be no further action taken. The meeting was reconvened at 10:20 p.m. and formally adjourned. Mayor -Presiding May 4, 2009 ~Y~~~ Clerk of Council