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HomeMy WebLinkAbout07/01/2009RECORD OF PROCEEDINGS Minutes of Dublin -City Council Meeting July 1, 2009 Mayor Chinnici-Zuercher called the Wednesday, July 1, 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 and Ms. Salay. (Mr. Reiner arrived at 7:05 p.m.) Staff members present were: Mr. Foegler, Mr. Smith, Ms. Grigsby, Mr. McDaniel, Chief Epperson, Ms. Crandall, Mr. Earman, Mr. Hahn, Mr. Hammersmith, Mr. Harding, Mr. Langworthy, Ms. Ott, Ms. Puskarcik, Mr. Thurman, Ms. Nardecchia, Ms. Noble-Flading, Ms. Hoyle, Ms. Adkins, Ms. Worstall, Ms. Husak, and Ms. Vroom. PLEDGE OF ALLEGIANCE Ms. Salay led the Pledge of Allegiance. APPROVAL OF MINUTES • Strategic Planning Session of May 14, 2009 Mr. Gerber moved approval of the minutes. Mr. Lecklider seconded the motion. Vote on the motion: Ms. Salay, yes; Vice Mayor Boring, yes; Mr. Lecklider, yes; Mayor Chinnici-Zuercher, yes; Mr. Keenan, yes; Mr. Gerber, yes. • Strategic Planning Session of May 15, 2009 Mr. Gerber moved approval of the minutes. Mr. Lecklider seconded the motion. Vote on the motion: Ms. Salay, yes; Mr. Keenan, yes; Mr. Gerber, yes; Mr. Lecklider, yes; Vice Mayor Boring, yes; Mayor Chinnici-Zuercher, yes. • Regular Meeting of June 15, 2009 Ms. Salay moved approval of the minutes. Mr. Lecklider seconded the motion. Vote on the motion: Mr. Gerber, abstain, Ms. Salay, yes; Mr. Lecklider, yes; Vice Mayor Boring, yes; Mayor Chinnici-Zuercher, yes; Mr. Keenan, abstain. SPECIAL PRESENTATIONIPROCLAMATION • Introduction of New Police Badge Chief Epperson introduced the new police badge, recently issued for the Division of Police. This project began at the end of 2007 in an effort to commemorate the 50tH anniversary of the Dublin Police. He provided a brief presentation of the story behind the design of the badge and the various symbols it contains. He also introduced the officers wearing the new badge: Sgt. John DeJarnette, and Officers Sara Hall, Phil Hetzel and Todd Evans. They all were part of the design team for the new badge. On behalf of Council, Mayor Chinnici-Zuercher congratulated the Police Division on their new badge, which can be worn with pride. Council is committed to continuing to ensure the Police have the tools, education, training and resources needed to provide outstanding services to the City of Dublin. • National Parks & Recreation Month Mayor Chinnici-Zuercher presented a proclamation to Mr. Hahn and Mr. Earman in recognition of July as National Parks & Recreation Month. CORRESPONDENCE • Notice to Legislative Authority - D3 Permits - Creekside Entertainment Company, Bridge & High -Units 2 and 3 There were no objections from Council to the issuance of these permits. CITIZEN COMMENTS Rich Taylor and Bill Jacob introduced themselves as the Blarney Brothers and as owners of a company known as the "Blarney House Charities," operating out of 53 N. High Street. This is the second year of the event named, "Blarney in the Alley." It is held each year in Historic Dublin for asix-hour period on July 4th from 10 a.m. to 4 p.m. This year, there are 43 booths -double the size of last year. They have made much progress on their goal of populating the event with local Dublin businesses. The proceeds go to the Miracle League of Central Ohio. The funds are raised through the fees vendors pay to rent booth space RECORD OF PROCEEDINGS Minutes of Dublin City-CoanciJ Meeting July 1, 2009 Page 2 and through generous sponsors. All food service is done by Dublin businesses, and there are two bands performing at each end of the event. Bill Jacob encouraged everyone to stop by, and acknowledged the support from the City and from Washington Township Fire Department. Mayor Chinnici-Zuercher thanked the Blarney Brothers on behalf of Council for this wonderful example of the spirit of the Dublin community. LEGISLATION POSTPONED ITEMS Ordinance 25-09 Rezoning 0.48 Acres Located at 6200 Wilcox Road, Approximately 125 Feet South of Shier-Rings Road from R-1, Restricted Suburban Residential District to RI, Restricted Industrial District. (Master Maintenance -Case 04-0422) Ms. Noble-Flading noted that there were four items that Council asked staff to address for the second reading- These include: 1. A site plan for the operations currently proposed for the site. Staff provided a site plan, which generally shows existing buildings, the access point from Wilcox, existing parking and all modifications proposed for the site. 2. The history of the site has been provided, and there is an abbreviated history of Code enforcement for this site. There was an action in 2003 related to an illegal use for the site. Staff did make contact with the property owner and it resulted in the rezoning application now before Council. 3. A comparison of development standards for the districts proposed. This has been provided in the packet. 4. Response to questions of whether the Restricted Industrial (RI) zoning classification was the most appropriate zoning classification for this property or whether the Suburban Office (SO) district for this piece and the surrounding area is more appropriate. Staff provided some background about what the Community Plan calls for in this area, and made the assessment that either of the two zoning districts would suffice. A caveat to this is that the particular use proposed on the site would be a permitted use in the SO district as opposed to a conditional use in the RI district. The SO district would not provide a public hearing process before the Planning Commission for this use. Ms. Salay stated that she met with the attorney for the applicant, Mr. Cline, and he shared a site plan that shows a different number of parking spaces. Frequently, there are six cars parked on this site -- in the front yard and off the pavement. She observes there are effectively three spaces, one of which is a disabled parking space that will not be available for general parking. How will this parking support a busy office? The site plan does not reflect adequate parking spaces based on the use as it currently exists. It is likely the business will grow in the future. She is very concerned with the adequacy of the parking. Mr. Lecklider asked for clarification from staff that administrative offices are permitted in the SO district. Under the RI district, he understands that administrative offices are a conditional use, which requires some type of review. Ms. Noble-Flading confirmed this is correct. Mr. Lecklider stated that the fact that administrative offices is permitted in the SO district without a review implies it is an acceptable use, in contrast to the RI, where it is a conditional use. Under "Site Plan" in the staff summary, it is pointed out that once the conditional use is approved in the RI district, the site plan could subsequently change without public review, provided it meets the minimum development standards of the district. To him, that is a negative aspect of approving the RI zoning. He asked staff to comment. Ms. Noble-Flading responded that administrative office is a permitted use in SO, as it would not be unusual for an office-type use to be permitted in that area and it would in fact be encouraged. In the industrial type classification, there are different types of land use patterns associated with them. At times, office uses may or may not be compatible with the industrial uses. The condition use approval is intended to regulate the use in an area where it might not be generally compatible -- not to prevent it. RECORD OF PROCEEDINGS Minutes of .Dublin City Council Meeti_n~ July 1, 2009 Page 3 Mr. Lecklider stated that in the previous staff presentation on this rezoning, staff indicated they believe that RI is the appropriate zoning classification based upon the fact that it is mostly surrounded by RI zoning. Is this accurate? Ms. Noble-Flading responded affirmatively, but added that the RI zoning classification proposed allows for non-residential uses that include a mixture of office uses with light industrial. Because of this location, the surrounding zoning classifications, and the close proximity to the freeway, staff believes those types of uses could be appropriate for this area. Mr. Lecklider noted there is R-1 zoning immediately south, RI zoning touching this parcel, and SO zoning across the street. When staff indicates the RI classification is acceptable because of proximity to the freeway, why would that not be the same case for the Suburban Office across the street? Ms. Noble-Flading responded that staff believes both the RI and SO would be appropriate districts for this area. They are encouraging non residential uses, as the existing residential uses are transitioning. Staff believes this area will appear quite different in 10- 20 years than it does currently. Generally speaking, both categories would be useful in this portion of the City. The only difference is in the process followed under the districts. Mr. Keenan commented that staff indicated at the last hearing that they believe RI zoning is the best outcome from along-term planning perspective. There are other areas in the City that transitioned over time in a similar way. Mayor Chinnici-Zuercher emphasized that staff is recommending RI, but in the staff report, it indicates that once the conditional use is approved, the site plan could change without public review. Ms. Noble-Flading responded with the following example: if the property is zoned to RI, and if the applicant were to leave the property and another tenant were to use the property, a proposed land use category in a permitted use section of the Code would be reviewed administratively. If the use proposed was also a conditional use, such as office, it would require the same type of review as required for this application. It would require a conditional use review with the Planning Commission. Therefore, that statement is a caveat to what the next potential use would be for the property. Mayor Chinnici-Zuercher stated that the site plan for this user would then be built out as proposed. Ms. Noble-Flading responding affirmatively, noting that it would be reviewed through a conditional use process. Mr. Foegler pointed out that no conditional use is being acted upon as part of this rezoning application; Planning Commission tabled the conditional use application. All that Council is acting upon at this time is the rezoning, which has no site plan implications. When Planning Commission considers the conditional use permit, part of that will include review of the site plan. Mayor Chinnici-Zuercher asked about the parking issue, which seems critical, and whether that is addressed under the rezoning. Ms. Noble-Flading responded it is not; it is reviewed as part of the conditional use process. Ms. Salay stated that her comments were essentially mirroring the concerns expressed at the Planning Commission. With approval of the zoning as proposed, Council will allow the Planning Commission to have further discretion in terms of the conditional use review process. However, she continues to believe that the Suburban Office district is a more appropriate land use for all of the area that is vacant and currently zoned RI. In looking at Council's hopes and vision for the area, the desire is for something other than a straight zoning of RI. Vice Mayor Boring asked what would prevent someone from tearing down the house and building a park and ride -- a permitted use under RI - if this property is rezoned to RI? Would any approval process be required? Ms. Noble-Flading responded it would be reviewed administratively, not by the Planning Commission. Vice Mayor Boring asked if there is any basis upon which to deny approval if it is a permitted use. Ms. Noble-Flading responded that if the proposal met all development standards, it could not be denied. ~n;c FoHr; .:c ,o~as RECORD OF PROCEEDINGS Minutes of - Dublin City Council Meet~na July 1, 2009 Page 4 Vice Mayor Boring asked if the neighbors have discussed the rezoning with staff. Ms. Noble-Flading responded that she has not spoken to any neighbors and has not received any e-mails or phone calls about the rezoning. Vice Mayor Boring noted that she encountered a neighboring property owner, who indicated they were reluctant to speak out about this. Personally, she is also concerned that once it is rezoned, other uses could come to the site in the future under an administrative review, should this company grow and relocate. Ms. Noble-Flading responded that the same standards would apply for any proposed permitted use. The site is small, so there are limitations. In the future, regardless of whether it is zoned SO or RI, it will likely be developed as part of a larger tract. Vice Mayor Boring noted that if this owner purchased an adjacent property, they would likely make the same argument for securing RI zoning. It would potentially bring even more RI zoning in the area in the future. Ms. Noble-Flading acknowledged that is possible. Mr. Reiner asked about the growth potential for this business and how parking will be accommodated on the site. Ms. Noble-Flading responded that the business is a commercial cleaning service. They have 200 employees, none of whom report to this site. There are only three to four employees housed on this site. The remainder report to the locations where the services are provided. There are two business vans stored in the detached structure. The remaining cars are those of the employees working at this location. Mayor Chinnici-Zuercher invited the applicant's representative to testify. Chris Cline, Blaugrund, Herbert and Martin noted he represents the applicant, Master Maintenance and property owners, John and Mary Hoge. He noted the following: 1. The site is surrounded on three sides by a larger tract, and is part of a 50-60 acre tract rezoned by the City to Restricted Industrial in the 1980s. There were two property owners who did not join in that rezoning. 2. This entire area, in both the City's planning documents and within the previous township planning documents has been identified as Light or Restricted Industrial. In this context, "light" refers to a clean industrial use. 3. In the recent area rezonings, the City rezoned a number of R-1 sites on Shier- Rings Road from R-1 to RI. The direction of the City through the years has been that Restricted Industrial is an appropriate land use for this area. 4. Currently, this site is problematic for someone who desires to develop the larger site that surrounds it on three sides. From a land use perspective, it makes sense to have this in the same RI category for a larger, future project -similar to those already existing along Shier-Rings Road. This has likely been a factor in staff's recommendation. 5. When the applicant decided upon the request for RI zoning, the SO was not considered, as that was a category different from the existing zoning of the surrounding property. SO zoning would not enhance the developability of the larger piece, which will likely take place over time. However, the applicant is willing to have the SO zoning, and if that is Council's desire, he will amend the application tonight. With SO, they would not have to secure the conditional use approval. 6. In terms of meeting development standards, the parking requirements are based upon use and not upon the zoning category. From a land use standpoint, it makes more sense to have RI going forward, as it is a support service for office, research and development. Master Maintenance is a janitorial cleaning company for commercial buildings. 7. The Hoges purchased the property, relying upon the staff's information that the property was already zoned RI. This area has had a mixture of township and City zoning, and the RI and R-1 designations on maps were very similar. In addition, Shier-Rings is not an historic road and was built at the time SR 161 was built. This is an important consideration in interpreting the zoning maps. Staff has worked with the applicant for several years to identify a solution for this problem. 8. John and Mary Hoge are proprietors of Master Maintenance, and they have been in business for 29 years. It is a certified minority business enterprise, as indicated in the company name. The Hoges have been Dublin residents for 14 years. RECORD OF PROCEEDINGS Minutes of Dubli+~-City Council Meeting DAYTON LEGAL B~ANK~INC„ FORM NO. 10148 Held i Ii July 1, 2009 Page 5 9. They are required to seek a conditional use permit to move forward, if the RI rezoning is approved. 10. In terms of the parking issue, EMH&T has drafted a site plan reflecting the maximum number of spaces which fit on the site in accordance with Dublin development standards. The plan shows that there are nine spaces on the site, plus the two in the garage for a total of 11 spaces. Exceeding nine would trigger requirements for parking lot lighting, however, adding complexity and expense. There is adequate room on this site for this amount of parking. He anticipates that as part of the conditional use permit, six spaces will be required by P&Z. Code requires five spaces. In reality, the site will accommodate the 11 spaces as noted, and possibly 13. The only element he believes puts this into a conditional use and restricted category is the way in which this use could be more intense and require more parking- He is hopeful that they have the ability to have up to 13 parking spaces in total. For SO zoning, the parking requirement would be only five spaces and it would be legal. 11. They plan to re-side the building. They could not make commercial improvements until the property has a commercial zoning. 12. There was a concern expressed about the trash pick-up done by the residential trash contractor. Rumpke did not want to contract with the property owner, but did so. The trash generated from the office use is not significant. Mayor Chinnici-Zuercher asked him to clarify that either SO or RI is an acceptable zoning category to the applicant. Mr. Cline responded that RI makes more sense from the City's standpoint, but either is acceptable for this office use. Mr. Lecklider noted that he hears different views regarding the site plans that some have reviewed. The site plan in the packet reflects one handicapped space; three other spaces; and two in the garage. Mr. Cline responded that plan is intended to demonstrate that the site can meet Code. There is not a site plan attached to a conditional use, but rather conditions imposed. This is a straight zoning district. In this case, he expects a condition of approval will be "x" parking spaces per Code on the site. To have more parking spaces will require moving around to the south side of the building, which they don't want to do. Mr. Lecklider asked if the comment regarding nine spaces is speculation. Mr. Cline responded that is intended to show the potential of the site. In reviewing the record, it has been consistently stated that the site is too small to support the use. The building is 1,000 square feet in size, and therefore the site is developed at one third the intensity of normal Dublin development standards. Typically, this size site with a building optimally positioned would accommodate a 3,300 square foot office use and still meet Dublin Code. It is not their intention to add spaces, but he wants to demonstrate it is possible. Mr. Lecklider commented that history and experience suggests that there may be a need for more parking spaces than presently exists. Past discussions have led to this conversation regarding the need for more parking. Mr. Cline shared a site plan that he has previously shared with Ms. Salay in a meeting. They believe the appropriate number of parking spaces is six, based upon the number of employees on site at one time. This building is purely administrative in function. Ms. Salay stated that if the RI zoning is approved, there are surrounding areas zoned RI, thereby perpetuating this zoning category. In the 1980s rezoning to RI, it was felt that this entire area would serve as industrial tax base. Since that time, the vision has changed tremendously, with residential homes to the south and existing residential homes zoned RI. It does not make sense to continue supporting RI in this area, when the Community Plan specifies an Office, Research and Development district. SO does not necessarily allow these uses. She remains concerned with the applicant's assessment of the need for parking on the site. There are many cars on site - in fact, more than six on many occasions. In addition, there are two vans parked in the garage. Mr. Cline responded that the site plan indicates that one of the van parking spots is counted towards the five. This is meant to demonstrate the site plan meets Code. That was the first question that they were asked to respond to. RECORD OF PROCEED[NGS Minutes of Dublin City Council Me~tin~_ July 1, 2009 Page 6 Ms. Salay clarified that the manner in which the existing business operates today results in frequently having six to eight cars on site. It suggests the operation is too large for the site. She has not heard that the applicant plans to make changes. There are essentially three spaces available. Mr. Cline responded that whatever P&Z imposes in conditions must be met. Ms. Salay continued, noting that she is very uncomfortable with the existing RI on the single-family homes as well. Looking north on Wilcox Road, there are several single- family homes with RI zoning. This is not the best land use going forward, as the vision has changed for the area. RI is not the best land use long term, as the development standards don't exist in the straight zones. There is the potential for land uses in the future under the RI zoning that are not desirable for the area. The larger issue to be addressed is all of the RI zoning in place today in the area. Mr. Cline responded that the City has zoned this area predominantly as RI -even as recently as the area rezonings. He believes that the RI district should be rewritten, as many of the uses are outdated. This category could be written to incorporate office, research and development uses. Ms. Noble-Flading stated that the district is not the issue, but rather the development standards associated with this and most other straight zoning districts. Staff is hoping that the zoning code update will have a significant impact on straight zoning districts in terms of realistic development standards. Vice Mayor Boring asked for clarification. Her understanding is the City rezoned to RI in the area rezonings in an effort to establish Dublin zoning in areas where township zoning existed prior to annexation. The district selected was the City zoning district which most closely resembled the township zoning. She did not believe there was a conscious decision that the City desired RI zoning for the future in this area. Ms. Noble-Flading responded that when the area rezonings were done, lands within the City of Dublin with Washington Township zoning classifications were assigned City zoning classifications similar to the township zonings. This particular property was zoned R-1 B, a zoning classification similar to the existing R-I category. Mayor Chinnici-Zuercher stated that the area rezonings did not reflect the land uses desired for the future by the City. Ms. Salay's point is that the City now has the opportunity to do future planning, either in a piecemeal fashion as in this case, or with a future rezoning for other RI zoned land. Ms. Noble-Flading confirmed that the area rezonings were not a process that considered the future land use the City preferred for the land; it was simply alike-for-like rezoning. Ms. Salay asked, in view of the concerns expressed by Council regarding the RI category, what amendment to the City's existing Code would staff recommend, and how quickly could such an amendment occur? The recent economic downturn has slowed development, which may be a benefit to the City in this particular case; however, she is concerned about the existing status of this land. Ms. Noble-Flading responded that there are general provisions in the City's zoning code which apply to all properties within the City. They require such things as landscaping around parking areas, buffering between incompatible uses, etc. Those standards would apply in general to this particular area. However, the formulas on which setbacks are based are very archaic, and there are not assurances for specific aesthetic components. She would recommend more information be required and that some design components be required for consideration with straight zoning districts. Mr. Foegler stated that the objective with the Zoning Code update is to integrate more development standards into the straight zones. The update will also look at the design of the zones and the permitted uses within those zones. It is important to incorporate some of the economic development policies that are emerging. It is also important to incorporate the City's planning objectives for the neighborhoods to create the kind of development review standards that will set a significantly higher bar while adding more predictability to the development review process for all of the parties involved. RECORD OF PROCEEDINGS Minutes of Dublin-City Council Meeting July 1, 2009 Page 7 Mr. Reiner inquired if this rezoning application is approved tonight, is it possible to apply those standards at a later date? It appears the applicant can meet the parking requirements and the site plan incorporates the needed screening. Mr. Cline responded that this site would actually have fewer Code requirements with the SO district, as it would not be subject to the unusual setback calculations of the RI District. The only item that would be different with a new RI would be an aesthetic component. Currently, many of the buildings in the RI district are metal buildings with flat roofs. Mr. Foegler stated that any amendments to the Code would relate to use, designations or development standards. This use would be lawfully non-conforming in regard to whatever has pre-existed. Any future modifications in use, however, could be subject to new standards. Mr. Reiner stated that he understands the City's desire to ensure this site fits with future development. What could be the future ramifications of modifications made to this parcel? Perhaps this site was overlooked in the City's recent Community Plan update. Vice Mayor Boring stated that because she is not convinced the City's desire for this site was for it to remain RI, would it be appropriate to propose a motion that the site be rezoned to SO? Mr. Cline has indicated he has no objections. Mr. Smith responded that the motion could be made, and Council could vote on that motion this evening. However, voting on such a motion would not be consistent with Council's previous actions. He would recommend that if the motion is made, Council refer the proposed SO rezoning to the Planning Commission fora public hearing and recommendation to Council for a final vote. Ms. Salay stated that the issue with that suggestion is that there is no conditional use required. The site has an office and the site meets Code requirements, and therefore the use has the right to exist. With an RI zoning, the applicant would need to obtain a conditional use approval. Vice Mayor Boring responded that with an SO zoning, the site would still need to meet the standards for that office district. Those standards would cover the percentage of lot coverage and amount of parking space appropriate for the business. Mr. Smith stated that the site already meets those requirements. Vice Mayor Boring asked how the business can currently meet the parking requirements. She has often observed vehicles parked in the lawn area. Ms. Noble-Flading stated that those are minimum standards. The Code requires a minimum of five spaces for the site. If this business needs more spaces to accommodate their use, a conditional use can be requested. Mayor Chinnici-Zuercher inquired if the SO zoning would require five parking spaces. Ms. Noble-Flading responded affirmatively. Mayor Chinnici-Zuercher stated that the business currently has five spaces and is parking three vehicles in the grass. Is that acceptable? Ms. Noble-Flading responded that it is not; however, part of the problem relates to the manner in which the vehicles are parked. Delineated parking spaces will resolve part of the problem. Ms. Salay asked what changes to the site would requirements of an SO zoning versus RI zoning. Ms. Noble-Flading responded that she believes standards would be the setback requirements. Mr. Cline stated that most of the issues relate requirements. be required for the site to meet the the only difference in development to the landscape and parking Code Mr. Reiner stated that this site will not remain RI indefinitely. In the future, the site will be sold and rezoned to another classification. There appears to be no immediate advantage to the City in rezoning the site to SO at this time. The site plan delineates four options for up to nine parking spaces with screening, thereby providing what is necessary for this business to continue until future development occurs. The site is essentially a minor outparcel. Mr. Reiner moved to approve Ordinance 25-09. RECORD OF PROCEEDINGS UIinutes of Dublin City Council Meeting _ July 1, 2009 Page 8 Mr. Keenan seconded the motion. Vice Mayor Boring asked if an office use is required to delineate its parking spaces. Ms. Noble-Flading responded affirmatively. Vice Mayor Boring inquired if the business has done so. Ms. Noble-Flading responded that the current use is not a legal use, so Planning has not reviewed it or required it to meet standards. That is why this rezoning is before Council. Vice Mayor Boring stated that she does not understand why an SO zoning would not be appropriate, as delineated parking spaces would also be required. Mr. Cline stated that to obtain a certificate of occupancy, it will be necessary to have a properly configured parking lot. Mr. Reiner stated that the Planning Commission will address the parking and screening issues in the conditional use consideration. Vote on the motion to approve Ordinance 25-09: Mr. Reiner, yes; Mr. Keenan, yes; Vice Mayor Boring, no; Mayor Chinnici-Zuercher, yes; Ms. Salay, no; Mr. Gerber, yes; Mr. Lecklider, yes. Ms. Salay moved to direct staff to review the existing RI districts throughout the City for compatibility with the future vision for the City. She added that beyond the setbacks, aesthetics and circulation components, the basic land use is an issue. Some changes to the RI districts are needed. RI districts, such as those which exist in a large portion of the southwest area, may not ever be up zoned by a major developer. There are risks with leaving these areas in RI zonings. When these districts were annexed from the township to the City, the City attempted to establish a City zoning closest to the township zoning assigned to the parcel. This in no way indicated the City's hopes for the area, which are outlined in the Community Plan. Mr. Gerber seconded the motion. Vote on the motion: Mr. Keenan, yes; Vice Mayor Boring, yes; Mayor Chinnici-Zuercher, yes; Mr. Lecklider, yes; Mr. Gerber, yes; Ms. Salay, yes; Mr. Reiner, yes. Mr. Foegler stated the requested review of the RI zoning district will be incorporated into the Zoning Code update currently underway. SECOND READING/PUBLIC HEARING -ORDINANCES Ordinance 29-09 Adopting the Proposed Tax Budget for Fiscal Year 2010, and Declaring an Emergency. Ms. Grigsby stated that the adoption of the municipality's tax budget is required by the Ohio Revised Code. Delaware and Franklin counties require submission of a tax budget as part of the City's obligations in order to receive local government funds. The tax budget is also used for review of property tax levies. The City has one voted levy -- a 1976 Police levy, which is ongoing. Another part of the tax budget is the City's inside millage. Those monies, which total approximately $3.5 million, are currently allocated to the Parkland Acquisition Fund and the Capital Improvements Tax Fund. Staff has previously indicated there may be a need for a review of how the inside millage should be allocated. That discussion will be scheduled with the Capital Improvements Program review. This tax budget is a preliminary step to preparing the annual operating budget. Due to the present economic conditions, a six percent decline in tax revenues is projected for fiscal year 2009 and an additional two percent decline in 2010. Staff is continuing to review and adjust those projections as part of the CIP budget update, which will be presented to Council in August. Mr. Keenan moved to dispense with the public hearing and pass the ordinance by emergency. Mr. Lecklider seconded the motion. Vote on the motion: Ms. Salay, yes; Mr. Lecklider, yes; Mr. Reiner, yes; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes; Vice Mayor Boring, yes; Mr. Gerber, yes. Vote on the Ordinance: Mr. Reiner, yes; Mayor Chinnici-Zuercher, yes; Vice Mayor Boring, yes; Mr. Gerber, yes; Mr. Keenan, yes; Ms. Salay, yes; Mr. Lecklider, yes. RECORD OF PROCEEDfNGS Minutes of Dublin City Council Meetin~~__ July 1, 2009 ~ Page 9 INTRODUCTION/FIRST READING -ORDINANCES Ordinance 31-09 Authorizing the City Manager to Enter into a Land Exchange Agreement with 7001 Post Road, LLC. Mr. Lecklider introduced the ordinance. Mr. Smith stated that the original Adria Laboratories property is now owned by 7001 Post Road, LLC. This project was originally initiated with UMC Partners. It was anticipated that the access to the 7001 Post Road property would eventually be moved, and a letter of understanding exists with the property owner. The property's current access is from Avery Road, but due to the interchange project, that access must be closed. The City will give 7001 Post Road, LLC a small portion of the City's adjacent land. This will allow the parties to create an alternative ingress/egress for 7001 Post. In return, the property owner will give the City a small portion of adjacent land, which is depicted in the attached exhibit. There will be a second reading/ public hearing at the August 3rd Council meeting. Mayor Chinnici-Zuercher introduced Ordinances 32-09 through 37-09, moved to waive the Rules of Order regarding "reading by title only," and asked the Clerk to read the names of the property owners into the record. Mr. Keenan seconded the motion. Vote on the motion: Mayor Chinnici-Zuercher, yes; Mr. Keenan, yes; Mr. Reiner, yes; Ms. Salay, yes; Mr. Gerber, yes; Vice Mayor Boring, yes; Mr. Lecklider, yes. The Clerk read the names of the property owners of the following ordinances. Ordinance 32-09 Authorizing the City Manager to Execute Necessary Conveyance Documentation for the Acquisition of a 0.031 Acres, More or Less, Temporary Construction Easement from Avery Lakes Investments, LLC., and Declaring an Emergency. Ordinance 33-09 Authorizing the City Manager to Execute Necessary Conveyance Documentation for the Acquisition of a 0.014 Acres, More or Less, Temporary Construction Easement from Dolan Investments Inc. and Declaring an Emergency. Ordinance 34-09 Authorizing the City Manager to Execute Necessary Conveyance Documentation for the Acquisition of a 0.106 Acres, More or Less, Utilities Easement and a 0.012 Acres, More or Less, Temporary Construction Easement from Ohio Seed Improvement Association, and Declaring an Emergency. Ordinance 35-09 Authorizing the City Manager to Execute Necessary Conveyance Documentation for the Acquisition of a 0.095 Acres, More or Less, Temporary Construction Easement from Westdale Properties, LLC, and Declaring an Emergency. Ordinance 36-09 Authorizing the City Manager to Execute Necessary Conveyance Documentation for the Acquisition of Temporary Construction Easements of 0.030 Acres and 0.008 Acres, More or Less, from Harris-Marek Co., Inc, and Declaring an Emergency. Ordinance 37-09 Authorizing the City Manager to Execute Necessary Conveyance Documentation for the Acquisition of a 0.065 Acres, More or Less, Utilities Easement from Farm & Power Equipment of Ohio, and Declaring an Emergency. Mr. Smith stated that all six property owners have agreed to the amounts offered by the City to secure the temporary easements needed along Avery Road, and no further negotiation is necessary. The total cost of the easements is $11,750. Mayor Chinnici-Zuercher asked about the time frame for the project. Mr. Hammersmith responded that the project will begin next week. The completion date is the end of September, but the project is anticipated to be completed prior to that date. Mr. Reiner moved to dispense with the public hearing and to approve Ordinances 32-09 through 37-09 by emergency. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting July 1, 2009 Page 10 Ms. Salay seconded the motion. Vote on the motion: Mr. Reiner, yes; Ms. Salay, yes; Mr. Gerber, yes; Vice Mayor Boring, yes; Mayor Chinnici-Zuercher, yes; Mr. Keenan, yes. Vote on the Ordinances: Mayor Chinnici-Zuercher, yes; Mr. Keenan, yes; Mr. Reiner, yes; Ms. Salay, yes; Mr. Gerber, yes; Vice Mayor Boring, yes. Ordinance 38-09 Authorizing the City Manager to Execute the First Amendment to the 1999 State Infrastructure Bank Loan Agreement with the Ohio Department of Transportation for the Avery-Muirfield/US 33 Interchange Improvement Project. Ms. Salay introduced the ordinance. Ms. Grigsby stated that this legislation provides for an amendment to the City's existing loan agreement from the State Infrastructure Bank Loan Program entered into in 1999 for the Avery-Muirfield overpass widening. This agreement provides a modification to the City's interest rate, lowering it to three percent. Loan payments were originally set up in five-year increments. This modification will result in a savings to the City of $1.1 million over the next 11 years. Mr. Lecklider stated that staff's memo reflects that there is no penalty for prepayment; however, there is a limitation regarding the first 36 months. Is that standard? Ms. Grigsby responded that is their current practice. Based on the adjusted interest rate, staff is comfortable with the loan terms. There will be a second reading/public hearing at the August 3 Council meeting. INTRODUCTION/PUBLIC HEARING -RESOLUTIONS Resolution 27-09 Accepting the Lowest/Best Bid for the Darree Fields and Houchard Road Entrance Drive Project. Ms. Salay introduced the resolution. Mr. Hahn stated this project will provide a desired second point of entry into Darree Fields and a connection to Houchard Road for the west side of the park. Ms. Salay stated that large soccer tournaments occur at Darree, which brings issues with safe egress onto Cosgray Road due to the speed of traffic on that road. Are there any plans to make one access point an entrance and the other an exit, or any other plans to better manage the park access? Mr. Hahn responded that there are no such plans. Having a second entry to the park should relieve the situation. There is discussion regarding a possible third entry, immediately across from Sports Ohio's southernmost entry. Adding a third entry in the future could resolve the problem. Ms. Salay stated that the Houchard Road entry will be to a more remote area of the community, and not many park patrons will take advantage of that entry. Perhaps maps designating the entry/exit points could be placed on the park bulletin boards. Mr. Hahn responded that steps would be taken to make sure that people are aware of the opportunity. If there is a continuing problem with the traffic, it can be investigated further for viable options. Ms. Salay inquired about the possible third entrance, which would provide a second entrance off Cosgray Road. Is there further information available on that option? Mr. Hahn responded that there are jurisdictional issues and right-of-way permits. Staff will continue to communicate with the Franklin County Engineer's office. Eventually, that will become an entry point, but not in the immediate future. Mayor Chinnici-Zuercher asked if the City has had previous experience with the company, which submitted the low bid. Mr. Hahn responded that Dublin has no previous experience with them. However, the company's references, including with government entities were satisfactory. RECORD OF PROCEEDINGS Minutes of Dublin City Council July 1, 2009 Meeting Page 11 Mayor Chinnici-Zuercher stated that there was a minimal difference in the low bid and the second lowest bid. What is the City's policy regarding determination of the lowest and best bid? Mr. Smith responded that the City's policy is in fact lowest and best bid, and generally, the lowest bid is also the best bid. There are times, however, the second lowest bid will be recommended based on reference issues for the low bidder, or because the contractor has not previously performed the type of work. Mr. Keenan stated the City has discretion in its decision. Mr. Smith confirmed that the City does have that discretion. Mr. Keenan asked if the company is based in Columbus. Mr. Hahn responded that they are a local company, and their experience has been within the Columbus area. Mr. Foegler noted that staff verified that their qualifications and experience were appropriate for the project, and on that basis made their recommendation. Vice Mayor Boring asked if the contract includes deadlines or a penalty clause. Mr. Hahn responded that there is no penalty clause. However, all the City's construction contracts contain a liquidated damages clause, which states that if the project exceeds the designated contract period without valid reason, such as weather delays, the compensation is adjusted accordingly. Mr. Lecklider inquired the anticipated completion date. Mr. Hahn responded it would be completed within an anticipated 90-day period, by fall of 2009. The second entry is anticipated to be available for part of the soccer season. Mr. Keenan responded that a second entry is important from an emergency access perspective. It is unusual for a park not to have a dual access point. 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. Resolution 28-09 Accepting the Lowest/Best Bid for the Metro Center Park Project. Ms. Salay introduced the resolution. Mr. Hahn stated that this project is a result of Dr. Smiley's donation of property several years ago with the objective of providing a picnic park to serve local businesses. This contract will provide access to that site, as well as a bridge, small shelter and picnic area for the businesses on Blazer Memorial Parkway within the Metro Center. Mr. Keenan stated that there was a designated value for the donated land. Does the City have a responsibility to verify that value? Ms. Grigsby responded that when a donation is made to the City, the donor typically submits a form that the City signs confirming that the donation was made. Regarding the value of a donation, the IRS works with the donor to make that determination. Vice Mayor Boring asked if the project will include all of the eight bid alternates. Mr. Hahn responded affirmatively. Vice Mayor Boring stated that in calculating the base bid and alternates, the bid does not appear to be the lowest. Mr. Hahn responded that is correct. The second lowest bidder submitted an amount for one alternate that was substantially lower than the other bids submitted for that alternate. Staff's calculations for materials alone indicated the cost would be in excess of that amount of $11,000. When staff presented their findings to that bidder, they received no response. In addition, they presented the recommendation report to that bidder and received no response. Vote on the Resolution: Mr. Lecklider, yes; Mr. Keenan, yes; Mr. Gerber, yes; Ms. Salay, yes; Vice Mayor Boring, yes; Mayor Chinnici-Zuercher, yes; Mr. Reiner, yes. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting July 1, 2009 Page 12 Resolution 29-09 Accepting the Lowest/Best Bid for the DCRC Locker Room Renovation Project. Mr. Reiner introduced the resolution. Ms. Crandall stated that this project provides a needed renovation to the Recreation Center of installation of new floor and wall the within both locker room facilities; modifications to the floor and drains to correct standing water issues; minor modifications to the ventilation system and lighting system; and new ceiling tiles. The project will require four to six weeks to complete, during which the locker room will be unavailable for use. The project will begin in early August and will be completed after Labor Day. During that time, there is a ten-day annual shutdown of the Recreation Center for maintenance. The family changing rooms and all restrooms will be open during the remainder of the construction period. Proactive efforts will be made to disseminate information to patrons regarding the project, its temporary impacts on access, and the long-term benefits of the project. The total amount budgeted for the project was $225,000. Six bids were received; the low bid was $180,300. The total project cost, including architectural and engineering fees is $208,700. Mr. Keenan inquired if the modifications to the ventilation system involve duct work only. Mr. Crandall responded that the modifications are intended to improve air flow and to replace some of the system's boxes in both locker rooms. Mr. Keenan stated that both the design and installation in wet, damp areas is critical to avoid future problems. He assumes that due diligence was exercised. Mr. Crandall responded that the intent is to correct some existing problems related to air flow. Vote on the Resolution: Vice Mayor Boring, yes; Mr. Keenan, yes; Mr. Reiner, yes; Mayor Chinnici-Zuercher, yes; Mr. Gerber, yes; Mr. Lecklider, yes; Ms. Salay, yes. Resolution 30-09 Approving the Declaration of Mutual Support and Agreement between the City of Dublin and the Dublin Soccer League, and Authorizing the City Manager to Execute the Agreement. Mr. Lecklider introduced the resolution. Mr. Earman stated that on January 20, 2009, Council approved the implementation of recommendations submitted by the Parks and Recreation Advisory Commission (PRAC) that were designed to address ongoing issues among the various Dublin youth soccer organizations. The recommendations have been incorporated into a new agreement with the Dublin Soccer League (DSL). In addition, the proposed agreement includes a provision permitting the City to charge field use fees for non-residents. Staff is working with the DSL Board in an attempt to analyze the current level of non-resident membership in each of the organizations. The results of that evaluation will be provided to Council in the 2009 Finance Committee review of the cost study update, along with a recommendation for action. Following extensive discussion, the parties have reached a consensus on the terms of the agreement. The agreement reflects much work on the part of PRAC and on the part of the DSL Board and other soccer groups. The DSL Board chair, Dan Wesner, is present tonight as well. Mr. Lecklider asked about Article 8, Facility Fund Fees. Are any organizations currently collecting this fee? Mr. Earman responded that there are none collecting this fee. Historically, DSL collected a $5.00 field fund fee with the registration fee. However, that money has funded construction of the concession stand being built at Darree Fields. If DSL desires to move forward with a similar project, it will require City approval. Mr. Lecklider stated that he believes that in the past the Select Soccer programs have also collected a field fee. Mr. Earman responded that fee was previously collected and paid to DSL. Mr. Lecklider inquired if the select programs are currently collecting any type of field development fees. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meetin4 July 1, 2009 Page 13 Mr. Earman responded that he is not aware of the breakdown of their current fees. If organizations are collecting such a fee, it is for their own use. The City is collecting no fees from the soccer organizations. Mr. Keenan asked if the City collected a fee in the past. Mr. Earman responded that the DSL collected a field fee in the past, but as he has noted, it has been used for construction of a concession field at Darree Fields. Mr. Keenan asked if that project will require use of that entire balance of field fees. Mr. Earman responded affirmatively. Mr. Lecklider asked if the DSL field fund included the monies collected from the select programs. Mr. Earman responded that the DSL field fund was comprised of the $5.00/per player field fee that was collected with the registration of any player in the soccer organizations. Mr. Lecklider stated that, as he has indicated, the City is not aware of whether the select organizations are individually collecting field fees. However, he believes Council has previously expressed concern about the organizations collecting any such fee from Dublin residents. Mr. Earman responded that the contract language could be amended to require that the select organizations not collect a field fund fee as part of their registration process. However, this agreement is designed so that DSL will be responsible for developing and administering agreements with the club programs. Therefore, language could be inserted in the City/DSL agreement that will require DSL agreements with the supplemental programs to prohibit their collection of field fund fees. Mr. Lecklider asked about Article 2, DSL Responsibilities -Program Requirements. It states that DSL will develop and administer service agreements with other organizations. That provision seems to be open-ended. It was his understanding that the City had exclusive agreements with OP and OFC. Is that still the case? Mr. Earman responded that the relationships exist, but the agreements have become null and void, depending on the outcome of the new DSL agreement. The specific names of the organizations were not referenced in the DSL agreement because of name changes during the past couple of years. This general strategy will eliminate the need to amend the DSL contract to correct future name changes. Mr. Keenan noted that to the soccer families, field usage and capacity is a significant issue. The City soccer fields have such high usage that the City must limit it. Would all- weatherfields provide more capacity, if the financial resources were available to fund them? If so, what is their estimated life? Do other entities provide such fields? Mr. Earman responded that is certainly an option, but funding is the challenge. There are a few municipalities, which provide synthetic turf fields. Mr. Keenan asked how much capacity could be gained. Mr. Earman responded that a significant capacity could be gained, if the fields were lighted. Currently, the City does not light the soccer fields because it is not desirable to have the fields utilized for extended hours. Mr. Keenan noted that his inquiry relates more to future needs and the cost of land in and around Dublin. Vice Mayor Boring referred to #4 on the same page of the proposed agreement, which indicates that: "DSL shall be responsible for obtaining a list of all of the players and their current addresses for any and all of the teams and/or organizations that DSL contracts with under this Agreement. Dublin expressly reserves the right, at their sole discretion, to impose fees for any teams or organizations that are not composed primarily, as determined by Dublin, of residents of Dublin or the Dublin School District." Her concern is that the agreement does not state that DSL is required to submit a report to Dublin or Dublin City Council regarding the number of teams and the number of school residents and non-residents participating in the teams. Mr. Keenan has expressed concern about the capacity of Dublin's playing fields. She is curious about the number of non-residents, which result in such impact on capacity. She is also concerned with DSL assigning and maintaining the field assignments. In addition, Council has previously stated that for recreational soccer, exclusionary tryouts should not be utilized. RECORD OF PROCEEDINGS Minutes c~f_ Dublin City Council _ Meeting July 1, 2009 Page 14 Held 20 Vice Mayor Boring moved to amend the proposed DSL agreement to include a requirement that the annual report provided to Council indicate the number of resident and non-resident players participating, and verification that exclusionary tryouts are not being utilized for the recreational program. Mr. Reiner seconded the motion. Mr. Earman responded that these items could be added to the annual report that the DSL agreement requires. One of the checks and balances is that he serves on the DSL Board as Director of Recreation Services, and therefore is involved in the discussions regarding allocation of the fields. The process that DSL uses to allocate fields is to first determine the number of recreational soccer players, and then determine the number of fields needed to accommodate the number of players. The remaining fields are allocated to the more highly competitive teams. The agreement requires that DSL submit an annual report regarding any changes to types or levels of service, or any other items of significance. A report of the number of resident and non-resident players participating could also be required, as well as confirmation that exclusionary tryouts were not utilized for the recreational program. Ms. Salay stated that she heard recently from a couple of community members who are concerned that the club organizations are again beginning to dominate more of the time and the resources of DSL, and that DSL has not retained a focus on the recreational program. In addition, there is a concern with the club teams reaching out to recruit younger children of 6, 7 or 8 for club teams. These are children who should be enjoying recreational soccer programs. The middle tier programs are doing significant advertising for younger players and clubs are sponsoring camps for young children. Mr. Earman stated that DSL is working through these types of issues. He will share Council member Salay's concerns and request that DSL take a serious look at these items. Vote on Resolution 30-09 as amended: Ms. Salay, yes; Vice Mayor Boring, yes; Mr. Reiner, yes; Mr. Lecklider, yes; Mr. Gerber, yes; Mr. Keenan, yes; Mayor Chinnici- Zuercher, yes. Resolution 31-09 Authorizing the City Manager to Enter into a LPA (Local Public Agency) Local-Let Project Agreement with the Ohio Department of Transportation (ODOT) in Order to Accept Funds from the American Recovery and Reinvestment Act (ARRA) Designated for the Realignment of Industrial Parkway and Widening of S.R. 161 Improvement Project. (ODOT PID Number 86464) Mr. Keenan introduced Resolutions 31-09 and 32-09. Mr. Hammersmith stated that the City has been awarded grant funds for this project through a MORPC sub-allocation of $1 million. To secure those funds, the City is required to enter into agreements with ODOT and MORPC. The City will be obligated to meet a schedule. The first step in that schedule is that the City complete and submit tracings to ODOT District 6 by July 15, 2009. The last step is an award of the construction contract by October 5, 2009. In addition, the plans must be completed and the right-of-way acquired by the end of the year, or the funds are forfeited. Mayor Chinnici-Zuercher stated that in the past, there has been concern about the high degree of commitment required of some municipalities to obtain ARRA funds. Is staff comfortable with the commitment Dublin will be making? Mr. Hammersmith responded that some staff members attended afull-day training session yesterday sponsored by ODOT. The reporting requirements are extensive. There are also certain contractual obligations, including a requirement to meet Federal prevailing wages, Disadvantaged Business Enterprise requirements and purchasing requirements. He believes the requirements are possible to meet, but it will require additional staff time than what is typical for most contracts. Ms. Salay asked for confirmation that the project is limited to relocating Industrial Parkway and widening SR 161, and that it does not involve the interchange. Mr. Hammersmith confirmed this. RECORD OF PROCEEDINGS Minutes of Dublin City Council July 1, 2009 Page 15 Vote on the Resolution: Mr. Gerber, yes; Mr. Reiner, yes; Ms. Salay, yes; Mayor Chinnici- Zuercher, yes; Mr. Keenan, yes; Mr. Lecklider, yes; Vice Mayor Boring, yes. Resolution 32-09 Authorizing the City Manager to Enter into a Memorandum of Understanding with the Mid-Ohio Regional Planning Commission (MORPC) in Order to Accept Funds from the American Recovery and Reinvestment Act (ARRA) Funds Designated for the Realignment of Industrial Parkway and Widening of S.R. 161 Improvement Project. (ODOT PID Number 86464) Mr. Keenan introduced the resolution. Mr. Hammersmith stated that this is the companion resolution to Resolution 31-09. Vote on the Resolution: Mr. Keenan, yes; Mr. Reiner, yes; Mr. Lecklider, yes; Mr. Gerber, yes; Ms. Salay, yes; Vice Mayor Boring, yes; Mayor Chinnici-Zuercher, yes. Resolution 33-09 Establishing a Bicycle Advisory Task Force. Mr. Reiner introduced the resolution. Ms. Crandall stated that at the June 15 Council meeting, staff provided recommendations regarding the establishment of a bicycle advisory task force. In response to Council's direction at that meeting, a resolution establishing the Dublin Bicycle Advisory Task Force III has been prepared. Per Council's direction, the resolution provides for the following: • The advisory group will be established as a "task force" as opposed to a "commission." • The Task Force will be established for an eighteen (18) month period to complete its duties. • The two appointed Dublin business representatives will also be Dublin residents. • The City Council may elect to refer the Task Force's recommendations to the Community Services Advisory Commission for review and comment. • The Task Force will act in an exploratory capacity and bring its initial findings and a proposed work program to Council at the conclusion of the first four months. Council will then provide further direction to the Task Force on how it should proceed. • The Task Force will report to Council at least every three months thereafter. Staff can provide a list of recommended candidates, or if Council wishes to pursue selection in a different manner, staff will proceed accordingly. Dublin Schools, MORPC and Consider Biking are willing to propose a member to represent each of their organizations. Mayor Chinnici-Zuercher stated that the news articles on this item drew significant public attention and interest. She received e-mails from individuals expressing an interest in serving on the task force. As Dublin business representatives must also be Dublin residents to qualify, would Council want to add one position for an individual who regularly bikes to work in Dublin? ~ Vice Mayor Boring stated that she would agree with adding a position for a business resident who bikes to work in Dublin, but who is not necessarily a Dublin resident. Ms. Crandall stated that proposed language states that the task force will consist of "at least" nine members. If the application process reflects interest from individuals who may not exactly meet the criteria, another position could be proposed. Mayor Chinnici-Zuercher stated that she would encourage the criteria to be inclusive versus exclusive. Mr. Reiner stated that he agrees with the Mayor's suggestion. The focus of the task force should not be limited to recreation, but include bicycling as a means of transportation. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting July 1, 2009 Page 16 Mayor Chinnici-Zuercher stated that a formal application process has not been defined. The question appears to be whether interested individuals would contact Ms. Crandall, who would do the initial review of applications, or would individuals apply through the typical board and commission process with Council interview and selection of members. Ms. Salay cautioned that it is important to have a good sampling of the community represented on the task force. There will be a lot of interest from individuals who bike to work 12 months of the year. That group is different from the average bicyclist in Dublin, who uses a bicycle for recreation or as frequent transportation to work. It important to have a cross section of the community. There was no further discussion. Vote on the Resolution: Mayor Chinnici-Zuercher, yes; Mr. Keenan, yes; Mr. Reiner, yes; Mr. Gerber, yes; Ms. Salay, yes; Vice Mayor Boring, yes; Mr. Lecklider, yes. Mayor Chinnici-Zuercher suggested Council discuss the selection process. Mr. Reiner stated that he would prefer to have staff review the applications and provide a list to Council for consideration. Ms. Salay stated that Council would at a minimum want to have a brief discussion with each of those recommended. Council has never appointed members to a task force without interviewing the candidates. Mr. Foegler stated that staff would compile a list of applicants identified by stakeholder categories. This should give Council a good number from which to make their selection. Mayor Chinnici-Zuercher suggested that, in addition to listing the stakeholder categories, the invitation to apply provides a brief description of the group's purpose and the anticipated length of time of service. Ms. Salay concurred. In addition, both avid recreational bicyclists as well as those who use the bicycle as a primary means of transportation should be invited to submit an application. Mr. Keenan suggested that the initial applications be available and submitted online at the City's website. (At this point, Mr. Reiner left the meeting, noting a business obligation. He stated that he will return to the meeting for the executive session.) OTHER • Recommendation from Community Services Advisory Commission re. Homeowner Association (HOA) Requests for Relief from Maintenance Responsibilities Ms. Crandall stated that CSAC dedicated four or five meetings to this discussion, as outlined in the staff memo. The Commission received three separate, but related assignments from Council. They all were associated with financial assistance to HOAs. The assignments were as follows: 1. Fee Waivers -CSAC examined fee waivers for HOAs related to amended final development plans, plan revisions and sign inspections. The Commission's recommendations regarding this topic were presented as part of the cost of services update. All of the Commission's recommendations were incorporated into the updated fee ordinance. 2. Matching Grant Program -CSAC developed a matching grant program for landscaping improvements in areas maintained by HOAs. A draft of this grant was presented to Council in January 2009 and returned to CSAC for final review and recommendations. The Commission has completed this assignment, and staff will present their recommendations at the August 3, 2009 Council meeting. 3. Relief from Maintenance Costs -CSAC was also asked to examine the issue of relief from maintenance costs for HOAs. In the fall of 2008, Council received a request for maintenance relief from Cramer's Crossing Village Condominium Association. The request cited financial hardship and a cost per unit of $193.00/yr. They provided an itemized list of their maintenance costs. Council requested CSAC to review this particular request for relief. CSAC was also asked to RECORD OF PROCEEDINGS Minutes of Dublin. City Council Meeting July 1, 2009 Page 17 recommend a policy in regard to what expenses Council should consider when requests for HOA maintenance relief are received. In response to CSAC's request, 64 homeowner associations were asked to complete a web-based survey; 27 HOAs responded. The survey results indicated an average HOA unit cost of $130 per year. The Commission discussed extensively pond and basin maintenance. After reviewing the annual fees and types of maintenance detailed in the survey results and considering the fee waivers and matching grant program recommendations being forwarded to Council, the Commission recommends: (1) That City Council not grant relief to HOAs for landscaping and maintenance. The Commission believes that HOAs should establish annual fees at a level that allows for necessary landscaping and maintenance, and that every reasonable effort should be made to collect such fees to cover maintenance needs. Additionally, the Commission discussed the responsibility of homeowners to be aware of association fees when purchasing a home and the need to remain current in payment of these fees. (2) The Commission further recommended that requests for relief for pond/basin maintenance should be considered by Council on a case-by-case basis, with a focus on the HOA's financial ability to maintain a basin in proper working order and in a manner that promotes stormwater quality. (3) The Commission recommends that the City-wide issue of basin maintenance should be further examined within the context of the City's stormwater management plan. The Community Services Advisory Commission would welcome that assignment. Mr. Keenan stated that he was impressed with the excellent review of the issues by CSAC, and he concurs with all their recommendations. Ms. Salay stated that she agrees with CSAC's recommendations. She is particularly interested in reviewing the proposed HOA grant program. She continues to have concerns about the ponds and the property maintenance in cases where there is no property management company, nor is there a member of the HOA who is interested in assuming leadership responsibility. Is there a way in which the City can require that the HOA take care of the maintenance responsibilities? What occurs when there is no forced and funded association? The City relies upon the volunteer leaders of the homeowner associations to address these situations, but where there is no one in that position, what is the City's recourse? Mr. Smith responded that he provided an opinion on this topic to Council a couple of years ago. He will update that memo and provide it to Council for an August meeting packet. Ms. Salay stated that she attended a meeting of a forced and funded association where a situation was discussed in which the HOA had to place liens on some of the properties. That often resolves the problem. Mr. Smith noted that in today's economic situation, the homeowner may not have the funds to pay the HOA fees until the property is sold. Ms. Salay stated that there are many basins within the City and someone needs to ensure they are properly maintained. Ms. Crandall responded that staff conducts inspections of the infrastructure to ensure they are operating properly; however, the City does not monitor chemical applications. Mr. Smith stated that, in addition, new EPA regulations will soon be in effect. Mayor Chinnici-Zuercher stated that when laws are changed in the near future, it will be important that a more formalized education and training process is in place for HOA leaders. The City currently has two meetings a year with HOA leadership. Perhaps one of those agendas could be dedicated to this type of training. Education and training is essential when responsibility for care of part of the City's infrastructure is given to the HOAs. Mr. Lecklider complimented staff and CSAC for their excellent work on this assignment. He endorses CSAC's recommendations with respect to the upcoming presentation regarding a matching grant program. He hopes that staff and CSAC have an appreciation for the distinction between forced and funded HOAs and those that are voluntary. There RECORD OF PROCEEDINGS Minutes of Dublin. City Council Meeting July 1, 2009 Page 18 are a number of neighborhoods without forced and funded HOAs, and he hopes the standards, as they are developed and applied do not have the effect of discriminating against those voluntarily-funded HOAs. Over the years, he has heard discussions that this is a problem for such subdivisions. Although many residents in those subdivisions may prefer to have the authority to collect dues, they have no legal authority to do so. As a result, it is difficult for them to accomplish what a forced and funded HOA can do. Ms. Crandall responded that the grant program that will be proposed will be fair to both types of HOAs, but there will be a requirement that they demonstrate in their budget that they can maintain whatever is put in place on an ongoing basis. Mr. Lecklider stated that he recalls some discussion regarding a minimum threshold level of contributing households. Ms. Crandall responded that requirement has been removed. Vote on the CSAC recommendations: Mr. Keenan; yes; Ms. Salay, yes; Mr. Gerber, yes; Vice Mayor Boring, Mayor Chinnici-Zuercher, yes; Mr. Lecklider, yes. • Wedgewood Glen - Revised Final Plat (Lot 82 -Case 09-038AFDP/FP) Ms. Husak stated that this revision corrects a technical error for Lot 82 of Wedgewood Glen. The Planning and Zoning Commission reviewed the application at their June 18tH meeting and recommended approval. Wedgewood Glen is on the north side of Summitview Road. The 0.548-acre lot is located in the southeastern section of the subdivision, on the north side of Conine Court. The existing plat requires a 25-foot No Build Zone adjacent to all the reserve areas. The correction will modify the No Build Zone to extend directly north of the Reserve, as required by the approved development text, versus following the curve of the cul-de-sac. This proposal does not alter the total area of Reserve B, nor does it alter any of the lot lines. The modification will allow the lot to be developed as shown on the indicated site plan. In addition, this driveway placement will help with the spacing of driveways along Conine Court and provide a greater distance between this home and the home to the east. Vote on the Revised Final Plat: Vice Mayor Boring, yes; Mr. Keenan, yes; Mayor Chinnici- Zuercher, yes; Mr. Lecklider, yes; Mr. Gerber, yes STAFF COMMENTS Mr. Foegler reported: 1. A single bid was received for the Avery Road-Muirfield/SR 161 Interchange Barrier Project, and therefore the project will be re-bid. 2. An update on the "My Neighborhood" project was provided on the dais tonight. Council members are invited to participate in the first activity, which is a walking tour of the Balgriffin neighborhood on Saturday, July 18 at 11:30 a.m. 3. Attorney Harrison Smith was the featured speaker today at The Metropolitan Club luncheon. He recounted his experiences in working with Jack Nicklaus on the early development of Muirfield. His speech will likely be replayed on the appropriate cable channels. He encouraged Council to view this particularly interesting talk. Mr. Keenan suggested that it might be valuable history to capture for the City's Bicentennial next year. 4. Several major accidents occurred within the City today. One was aconstruction- related accident on a private construction project. Three were injured, and there was one fatality. In addition, there was a roadway accident on I-270, resulting in one serious injury. COUNCIL COMMITTEE REPORTS Recommendations from Finance Committee for Bicentennial-Related Hotel/Motel Tax Grants Mr. Keenan reported that the Committee met on June 22 and June 29 to review the bicentennial grant applications. The Committee is recommending the following: 1. Approval of grant of $1,350 to P.R.O.U.D. Student Writing Contest -City of Dublin category related to bicentennial. Monies would cover cost of medals and savings bond awards. The judges for the program are all published writers, and last year 160 students participated in the contest. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting July 1, 2009 Page 19 2. Approval of grant of $10,000 to the Dublin Historical Society for Heritage Day. This is a day-long event which includes historical, educational and interactive activities for the community. The original request was for $15,302. The Committee is seeking input from Council regarding a preferred date and location for the event. The applicant and staff recommend this event be held after the parade on Saturday, July 3. Because of the way the holiday falls, the parade will be held on Saturday and the concert and fireworks on Sunday, July 4th. Observance of the holiday is on Monday, July 5th. There was some discussion that this event could be held in the afternoon, as the City will not have other activities on the Saturday of the holiday weekend in 2010. Vice Mayor Boring suggested that this event could be scheduled in the fall, as a bookend for the bicentennial. There are some staffing considerations involved for an event separate from the July 4t" weekend, and it may result in the need for more funding. The applicant is present to respond to questions. 3. Approval of grant of $8,600 to the Preservation through Partnership application. This is a collaboration of the Dublin Historical Society, City of Dublin, Columbus Metropolitan Library -Dublin Branch, with support from OCLC for digital storage and staff support provided by a Kent State University graduate student. The program will aid in the digital preservation of historic documents. The original grant request was for $15,575. 4. Approval of grant of $2,400 for the Dublin Area Art League and Dublin Historical Society Living History Exhibit and Community Day. This will showcase art related to the history of the City and will include a community day of celebration of that history. 5. Approval of grant of $9,000 for Dublin City Schools Leatherlips outdoor drama. It includes 6-10 performances of an outdoor drama based on the life of Chief Leatherlips to be held on Independence Day weekend, and continuing through the summer. The original grant request was for $22,400. 6. Approval of grant of $4,500 for the Dublin Foundation -Emerald Ball theatrical presentation. The original request was $9,000. This grant will fund historical vignettes that would be used at the Emerald Ball and by numerous organizations throughout the bicentennial year. 7. Denial of request by Leadership Dublin for $6,000 in funding for a Bicentennial Rose Garden. Based on staff input, it was determined the cost of maintenance of roses could be significant. The Committee recommends that staff develop a landscape plan for a daylily or period appropriate plantings for the bicentennial in a location such as the Coffman House. 8. Denial of request by Can-Am Games for a Bicentennial Salute to Public Service. The Committee felt the bicentennial theme was not evident in the application submitted. Further, the City has already provided $25,000 in funding of an application fee for the Can-Am Games, and Washington Township has donated $15,000 toward the opening ceremonies. The group will return with an application in the fall round of hotel/motel tax applications. 9. Denial of request by Historic Dublin Business Association for a grant of $50,000 to fund multiple events during the bicentennial year. The proposal was very broad and not specific, and the financial request was for the entire allocation for bicentennial grants. Staff recommended that other events that are funded can be incorporated with HDBA activities in the District. 10. Denial of request from Carl Karrer for a grant of $300,000 for a Village Pump Statue Project. At the meeting, Mr. Karrer indicated that the cost is now estimated at $100,000, based on some quotes. The Committee encouraged the applicant to work with the Dublin Arts Council on incorporating this into a bicentennial theme. He expressed interest in seeking funding from other sources. 11. Recommend that the Dublin Arts Council work with Dublin City Council to commission abicentennial-related public art project. The Committee noted that Council's previous direction to the Arts Council was to set aside $75,000 each year for an art in public places project. At the time of the Finance Committee meeting, the Committee understood that there was $75,000 not yet allocated in 2009 for public art, but he has since learned otherwise. He believes the City could advance the $75,000 from the 2011 DAC funding allocation so that the DAC could combine this with their 2010 allocation for public art of $75,000 to provide a total of $150,000 for the DAC to fund this special bicentennial arts in public places project. RECORD OF PR®CEEDINGS Minutes of Dublin City Council Meeting July 1, 2009 Page 20 12. Staff has also discussed the possibility of the Dublin Arts Council creating a bicentennial theme for the Sundays at Scioto concerts in 2010, which could include a coronet band. Mayor Chinnici-Zuercher noted that the previous discussion of Council was for the bicentennial to be carried out with celebrations throughout the community, and this has prompted some excellent proposals from the citizens. Mr. Keenan noted that the Committee has not recommended allocation of the entire $50,000 in grant monies at this time. There is another round of grant applications in November, and there may be more bicentennial-related applications at that time. Mayor Chinnici-Zuercher invited public testimony. Tom Holton, Dublin Historical Society, 5957 Roundstone Place commented regarding the Heritage Day proposal. They will return in the fall round of applications to seek additional funding for this. They plan to reprise the coronet band for the parade and for the Heritage Day, working with the high school band directors. They have found a piece of music in a bottle in the foundation of a Davis cabin. It is handwritten from the period of 1880. They plan to put this to music and have the coronet band play it. Their vision for the Heritage Day event was that it be centered at the Coffman Homestead, with tours of the house and barn. It would include period activities, and have display of a steam thresher. They are supportive of having Heritage Day in the September timeframe. They will need to seek an additional $2,500 in funding to provide a tent for the activities, including entertainment and square dancing. They will need a fairly large tent to accommodate 80 or more people. Ms. Salay asked if the Historical Society has a preference for scheduling this on Independence Day weekend versus the fall. Mr. Holton responded that having the event later in the year is fine, but a separate promotional effort will be needed. They will be seeking the assistance of Community Relations. Vice Mayor Boring noted that a list of activities has been provided for the Heritage Day event. She supports having a fall event as suggested. Mr. Holton added that the fall produce available would add to the farm flavor of the event. Vice Mayor Boring stated that she will propose an increase of the funding for Heritage Day from $10,000 to $15,302. Ms. Salay asked for clarification about the town pump statuary and the direction to have Mr. Karrer work with the Dublin Arts Council on this, and the recommendation for a bicentennial-themed public art project. Are these two separate projects? Mr. Keenan responded that Mr. Karrer indicated he may have some other funding sources for the town pump statuary. The Committee suggested he explore the other sources, and if expertise is needed, he should contact the DAC. The bicentennial-themed art project would be separate, and could be accomplished by advancing $75,000 of the 2011 DAC funding, which they could combine with the $75,000 set aside in 2010 for public art. This project would be done in the traditional juried process, and would need to be initiated very quickly. The desire is to have an art piece that is unique, yet has a bicentennial theme. Ms. Salay noted that representatives of the Dublin Arts Council are present tonight. Mr. Keenan invited Mr. Guion to comment on the arts in public places project under discussion. David Guion, Executive Director, Dublin Arts Council noted that the DAC is hoping to execute a contract tomorrow with the artist for the Titration 3 exhibit. The National Endowment for the Arts has contacted the DAC and requested that they apply for a "Challenge America -Reaching Every Community" invitational grant, which would help offset the cost for Titration 3. The grant is actually specific for the on-loan program. The NEA did research of communities around the country and because of the DAC's on loan program and the extent of the collection, they approached the DAC about this. They will learn in the next week whether they will receive the funding. The DAC would like to do the bicentennial art in public places project, and staff and the Board are prepared to do so, if that is Council's direction. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meet n July 1, 2009 Page 21 Mr. Keenan noted that if this recommendation is adopted by Council, the DAC will need to proceed immediately with the bicentennial-themed project, due to the timeframe. Mr. Lecklider noted that he supports the recommendation of advancing the $75,000 to the Dublin Arts Council as proposed. He asked about the recommendation for the Emerald Ball. His personal criteria for grant awards related to the number of people impacted in the community by an event or program, and this would have a limited audience. The draft report of the Committee was to deny this application. He asked for clarification. Mr. Keenan responded that there were two Committee meetings to review the applications. At the June 29 meeting, additional information regarding the Emerald Ball application was considered. The commitment is now to have the vignettes stored at the City and used throughout the bicentennial year at various locations in the community, reaching many people in the community. Therefore, it was recommended by the Committee to provide funding of $4,500. Mr. Gerber echoed this, noting that it is contemplated that the vignettes will be assembled and will be portable to be taken throughout the community. For this reason, he supported the grant as recommended. The Committee also reviewed a timeline for the bicentennial, which included the various events proposed. Mr. Holton noted that the plan for the vignettes is for the school theatre students to write the vignettes, one period from each of the three high schools. Because the Emerald Ball takes place in February, the performances could be staged at the Ball and throughout the year in the community, with the backdrops displayed at the DCRC and used by other groups in the community. Vice Mayor Boring added that the grant award letter should specify that the City has the ability to use the backdrops at anytime in the future. Mr. Lecklider responded that his understanding is that they will revert to City ownership in any case. Vice Mayor Boring noted that the budget for the outdoor drama was carefully reviewed, and some items were not to be funded. She asked that the specific items be listed which are to be funded, and that receipts be provided as is the normal procedure. Ms. Grigsby responded that this can be clarified in the correspondence sent to the applicant. Vice Mayor Boring suggested a revision to the recommendation for Dublin Heritage Day at Coffman Homestead to fund it in the amount of $15,302. Mr. Gerber expressed concurrence. Mr. Keenan moved approval of the recommendations, with a revised amount of funding for the Heritage Day of $15,302; and that the Dublin Arts Council move forward with the bicentennial-themed art project, with input from Council regarding the criteria for the project; and that $75,000 will be advanced from the 2011 City funding for DAC to provide a total of $150,000 to DAC for funding of the project in 2010. Mr. Gerber seconded the motion. Vote on the motion: Ms. Salay, yes; Mr. Lecklider, yes; Mr. Gerber, yes; Vice Mayor Boring, yes; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes. Mayor Chinnici-Zuercher asked for confirmation that the Heritage Day event will be held in the fall. Mr. Keenan responded affirmatively. Mayor Chinnici-Zuercher thanked the Committee for their work and the community for bringing forward the bicentennial proposals. COUNCIL ROUNDTABLE Mr. Keenan stated: 1. An e-mail was sent to Council from Ms. Vroom regarding the archiving of Memory Wall items at the Grounds of Remembrance. Council needs to take action on this as soon as possible. He asked if Council needs more research on this matter prior to acting upon it. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting July 1, 2009 Page 22 Mr. Gerber responded that he would prefer to defer this matter until August so that more information can be obtained regarding how this is handled in other such memorials or cemeteries. Mr. Keenan asked staff for input on the timing. Ms. Vroom responded that, based upon the number of items at the Memory Wall, she believes the decision can be postponed until August. Mr. Keenan asked that staff provide more information on this matter in an upcoming packet, so that action can be taken within 60-90 days. Mayor Chinnici-Zuercher commented that her assumption is that when people leave items at a memory wall, they don't expect to have it returned or archived. Mr. Keenan responded that there was much discussion and debate at the Committee as well. Mayor Chinnici-Zuercher stated that for this reason, a full discussion is needed. Mr. Lecklider noted that this topic warrants more discussion. He is interested in knowing how other communities have handled this. Has an expectation been created by having such a memory wall? This needs further research and discussion. 2. Information was provided in the packet regarding in-pavement lighting at crosswalks. Staff does not recommend this method of lighting due to the cost. However, the existing lighting at the crosswalk near the library is not adequate, which creates a dangerous condition. Although in-pavement lighting may not be feasible for other crosswalks within the City, he would like to have it considered for this crosswalk, due to its location within the Historic District. Mr. Gerber noted that Ms. Ott has also provided information to Council regarding pedestrian traffic and parking issues in the Historic District. If this is to become a vibrant district with pedestrian traffic encouraged, it is important to identify ways to ensure safe pedestrian movements. In addition, parking in the district is an issue today and will become a greater problem when the new development on the corner is completed. Ms. Salay stated that in the past four years, evening activities have increased in the Historic District. A few weeks ago, she experienced the inadequacy of lighting at that crosswalk. She agrees that some solution should be identified to address the situation. Vice Mayor Boring stated that if the City is encouraging parking on the other side of the street and in the school parking lot, it is important to make it safe to cross the street. Mr. Lecklider stated that staff's report also indicates a concern about the viability and practicality of in-pavement lighting in Ohio. Mayor Chinnici-Zuercher noted that the memo does point out that concern. However, the safety issue at this crossing has been brought up numerous times in the past, and there have been difficulties related to all the suggestions that have been made. At the same time, staff has not provided an appropriate solution. Council believes the crosswalk in place does not meet the needs. There is an increased likelihood of an injury at two or three different locations in Historic Dublin where improvements are needed. In addition to this situation, there are issues with parking and an inability to reduce the speed in an area where the number of people is increasing around buildings located very close to the road. Council is concerned about the safety versus the critical mass and vitality in the district. How quickly can staff provide an effective alternative that can be implemented quickly? Mr. Foegler responded that from his experience with this type of pedestrian crosswalk, he does not believe a completely satisfactory solution is possible, due to the tradeoffs that are involved, such as eliminating some vegetation to make the crossing more visible. In addition, there are problems with mid-block crossings. Cities consistently deal with the issue of creating a false sense of security for pedestrians where they are not protected. Staff has been trying to evaluate the tradeoffs. However, staff will evaluate the alternatives for this particular crosswalk again in view of Council's desire to enhance the safety at that crossing. There will be tradeoffs associated with it, but staff will bring back their best recommendation for the capital improvements budget consideration in August. RECORD OF PROCEEDINGS _ Minutes cif Dublin City Council __ _ Meeting July 1, 2009 Page 23 Mayor Chinnici-Zuercher responded that Council's concern is that this improvement cannot wait until 2010. The five-year capital improvements budget is for future projects. In 2010, BriHi will be open, and the pedestrian traffic will increase. Mr. Keenan stated that he has observed the in-pavement crosswalk lighting in another city, and the visibility was excellent. This was in a warmer climate. The lighting was not obtrusive. It was motion-activated, and after the pedestrian crossed, the lighting stopped. Mr. Foegler stated that in the OSU Gateway Project, there was a good amount of in- pavement lighting, which was completely flush with the roadway. With the snow, salt and snowplows, there were major maintenance issues and outages. The manufacturer provides a warning regarding use in this climate. However, staff will confront the issues associated with the various alternatives again. The options involving issues with design, construction and implementation would require a period of time to complete. The alternatives that relate to vegetation or lighting enhancements in the short-term could occur earlier. Ms. Salay noted that Dublin has very skilled snowplow operators. This has been a consideration with past projects, such as the speed bumps on Monterey Drive and the traffic-calming measures on Tara Hill Drive. Mr. Lecklider noted that he also supports some type of enhanced safety feature at this crosswalk. Ms. Salay asked Council to consider requesting staff to review the future implementation of the Coffman Park development. The City now owns the land mass south of Post Road. It is beautiful parkland, and it would be desirable to initiate the early stages of ~ development in terms of landscaping, evaluation of future uses, and other ways in which the community could begin to benefit from the expanded Coffman Park area. Ms. Salay moved to include discussion of implementation of the Coffman Park development in the CIP budget workshops. Mr. Lecklider seconded the motion. Mayor Chinnici-Zuercher asked if a master plan is in place for Coffman Park. Ms. Salay responded that there is a master plan developed, but there are no dates for implementation. However, there are some steps which can be taken to prepare for later implementation of the plan. Mr. Keenan stated that it would be appropriate to have this discussion in August at the CIP i budget workshop. Ms. Salay stated that her concern is that staff would not schedule this for the CIP budget discussion without such direction from Council. Vice Mayor Boring stated that she would not be willing to commit to anything regarding the park development until the tradeoffs in regard to other programmed projects are identified. Mr. Foegler stated that this is essentially a phasing process for the Coffman Park master plan implementation. It would worthwhile to identify what items could be phased in order that those elements can be considered at the points of their potential inclusion in the CIP. Based on the discussion, Ms. Salay withdrew her motion. Mr. Lecklider withdrew his second. Mr. Lecklider stated that it has been a privilege to represent the residents of Ward 4 for the past eight years, and he announced his intention to seek re-election for a third term. Mr. Gerber: 1. Referred to the memo in packets regarding the process for declaring a public nuisance. He has received numerous calls about the Sunrise facility construction site. He requested that an update on the City's options be provided to Council prior to the next Council meeting. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting July 1, 2009 Page 24 Mr. Smith responded that he would provide a supplemental memo. The options are limited at this time as the project has been closed down for a limited amount of time, and there are no safety issues on the site. 2. Requested an update from staff with respect to how residents with different cable options may access D-TV. 3. Has received citizen complaints about debris around the BriHi construction area, including nails in the alleyways which result in flat tires. He asked that staff request the project manager to have the area swept at the end of each day. Vice Mayor Boring: 1. Noted the report in Council's packet about the exciting new Community Market. She hopes it is very successful. 2. Wished everyone a Happy Independence Day! This is a great country, and she is looking forward to celebrating with the community. Mayor Chinnici-Zuercher: 1. Moved to appoint Judy Beal as Acting Clerk of Council for the period of July 13 through 17. Mr. Gerber seconded the motion. Vote on the motion: Ms. Salay, yes; Mr. Lecklider, yes; Mr. Keenan, yes; Mayor Chinnici- Zuercher, yes; Mr. Gerber, yes; Vice Mayor Boring, yes. 2. Noted that she has been participating in national and local dialogues regarding volunteer service. There is a movement across the nation to engage more citizens in the work of their communities. Dublin has one of the most outstanding volunteer programs that exist with local governments The national dialogue focuses on ways a community can become the best place for people to volunteer their time. She would like to request Council's support of staff looking into this concept and drafting a plan regarding additional steps needed for the City to become a "city of service." Council has traditionally supported citizen engagement, and this would be an opportunity to evaluate additional opportunities for citizens to share their talent and interests with their community. Council members expressed support for the suggestion. Mr. Foegler stated that staff would proceed accordingly. ADJOURNMENT TO EXECUTIVE SESSION Mayor Chinnici-Zuercher moved to adjourn to executive session at 10:34 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) Mr. Lecklider seconded the motion. Vote on the motion: Mayor Chinnici-Zuercher, yes; Ms. Salay, yes; Mr. Lecklider, yes; Vice Mayor Boring, yes; Mr. Gerber, yes; Mr. Keenan, yes. (Note: Mr. Reiner returned to the meeting at 10:45 p.m. and joined the executive session.) 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. meeting was reconvened at 11:40 p.m. and formally adjourned. Mayor -Presiding Officer ~ ., ~ - Clerk of Council