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HomeMy WebLinkAbout05/01/2006 RECORD OF PROCEEDINGS Minutes of ~uunrr Meeting DAYTON LEGAL BLANK, INC., FORM NO. 10148 May 1, 2006 Held 20 Mayor Chinnici-Zuercher called the Monday, May 1, 2006 regular meeting of Dublin City Council to order at 5:45 p.m. at the Dublin Municipal Building. Present were: Mayor Chinnici-Zuercher, Vice Mayor Lecklider, Mr. McCash, Mr. Reiner and Ms. Salay. Mrs. Boring joined the meeting at 5:50 p.m. Mr. Keenan was absent. Mayor Chinnici-Zuercher moved to adjourn to executive session for personnel matters. Vice Mayor Lecklider seconded the motion. Vote on the motion: Mr. Reiner, yes; Mr. McCash, yes; Ms. Salay, yes; Mayor Chinnici- Zuercher, yes; Vice Mayor Lecklider, yes. The meeting was reconvened at 7 p.m. PLEDGE OF ALLEGIANCE Vice Mayor Lecklider led the Pledge of Allegiance. ROLL CALL Present were: Mayor Chinnici-Zuercher, Vice Mayor Lecklider, Mrs. Boring, Mr. Keenan, Mr. McCash, Mr. Reiner and Ms. Salay. Staff members present were: Ms. Brautigam, Ms. Grigsby, Mr. Smith, Mr. Ciarochi, Mr. Harding, Chief Epperson, Mr. Gunderman, Mr. Hahn, Mr. Hammersmith, Ms. Puskarcik, Ms. Ott, Mr. Earman and Ms. Hoyle. APPROVAL OF MINUTES Vice Mayor Lecklider moved approval of the minutes of the April 18, 2006 Council meeting. Mr. Reiner seconded the motion. Vote on the motion: Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes; Mrs. Boring, yes; Ms. Salay, yes; Mr. McCash, yes; Mr. Reiner, yes; Vice Mayor Lecklider, yes. CORRESPONDENCE The Clerk reported that a notice regarding a new D5 liquor permit application was sent to Council regarding Vincenzo's Convenient Elegance, Inc., 6391-93 Sawmill Road. A business expansion is contemplated and they are seeking a new permit. There was no objection to the issuance of this permit. CITIZEN COMMENTS Sherman P. Liddell. 3838 Summitview Road West. Dublin provided a history of events that have transpired over the past years relating to his efforts to obtain sewer service: • In 1999, he circulated a petition to 25 residents of Glencree, Sawmill and Summitview Roads. He submitted the petition to City Council on December13, 1999. • In 2001, Jeffrey Sneddon of Trails End circulated another petition for Trails End which related to the question of whether they wanted the ability to tap into a sewer. Both petitions resulted in a unanimous "yes" response. • On March 8, a publication from R.I. Russell, PE and Balbir Kindra, PE - a proposal for alternative sewer services for Summitview -was presented with three scenarios, number two appearing to be the most acceptable, according to the Council. „ In August 2003, citizens again requested a sewer line. At the May 17, 2004 Council meeting Council unanimously approved the extension of sewer lines to Indian Run and Summitview. However, immediately after the meeting, Ms. Chinnici-Zuercher indicated that a commitment of providing sewer service was made, but not a commitment regarding the timing, adding it could be 10 to 15 years in the future. • Council Member Keenan recently was quoted in the newspaper regarding the proposed Tax Expenditure Limitation amendment that Dublin continues to grow which creates additional need for infrastructure and public services. Does this mean water and sewer services - or golf courses, swimming pools, landscaping and parks? The City's web site boasts that the City pays for sidewalk repairs, unlike other cities. Council has set a precedent with this, yet they do not have sidewalks, and to access a park they must cross the street into a sewage laden RECORD OF PROCEEDINGS Minutes of ~ Meeting DAYTON LEGAL BLANK. INC., FORM NO. 10148 May 1, 2006 Page 2 Held 20 area. They pay taxes for things they don't use, yet they are denied sewer services. Some citizens do not have safe drinking water or can't do laundry because of poor water conditions. The lack of sewers is a major cause of their property depreciation in the area. A letter from the county auditor indicates a lower tax valuation for their property primarily due to not having sewers. Potential purchasers have indicated they would not purchase the property because of the lack of sewers. When people can't sell and are desperate, it results in renting the property or abandoning it. He owns a separate adjoining parcel zoned R-1, but was told he could not obtain a building permit because septic systems are not permitted to be built in this area, and he does not have access to sewer service. I Muerl Liddell, 3838 Summitview Road West. Dublin stated that: ! At the June 25, 2001 Council meeting she requested a form letter. She received that letter nine months later after making several phone calls requesting it. After the March 7, 2006 Joint City Council/Planning and Zoning Commission meeting, she visited City Hall and requested some information, including minutes of that meeting. She was given the information she requested, including maps, but was ~I told the minutes would not be ready for two weeks. She has called the City every two weeks, but has still not obtained the minutes. If she inadvertently misquotes someone, it is because she has not been able to obtain the public record of the discussion. • She would like to address the priorities in Dublin. At the March 7 meeting, she obtained the impression that appearances are very important to Council. One suggestion was to build an elaborate City building that could be seen from the freeway, an impressive design to let everyone know they were in Dublin. All over Dublin, there is impressive landscaping; ahalf-million-dollar skatepark; munici al olf course; in one lace the Cit even aid over 400 000 to obtain a P 9 $ P , Y P view; municipal swimming pools on the west side of Dublin 20 miles away from where she lives. Although they did get a small park across the street from their home, they cannot reach it without walking through sewage. The park itself i illustrates the City's priorities -appearances rank over safety and health. There is an abundance of plantings and expensive, stone walls. She hesitates to let I her small grandchildren in the park, however, for fear that they might fall and hit their heads on the beautiful, yet unsafe stone walls. Immediately outside the stone walls, there is a contaminated ditch for the children to walk in. This places I', I~'~, the community at risk of hepatitis -the situation is a matter of health and safety • An April 10, 2005 Columbus Dispatch article quotes Karen Mancini, a university rofessor wh ~ I p o has studied soil, sewage and water quality since the 1970 s. She i states, "Homeowners flush. Peo le sa theirs stems are workin but the I' P Y , Y 9 Y ~ aren't." Actuall the h v I' a e failed from t he da the were in Y Y stalled. She and Y Y Ben Webb from the Darby Watershed Planning Group said most of the soil in ~I', j Ohio is not suitable for septic tank sewage. "Soils don't lie," Webb said. Mancini went on to say that leech beds need soil that is absorbent, relatively dry and at least four feet dee to work ro erl .Research su ests that onl ° P P P Y 99 y 6.4 /o of the soil in Ohio meets that standard, and only 3.8% in Franklin County - I'~ presumably, all of it in their quadrant. Most of the soil in western Franklin I Count fives wa to a la er of h r y g y a d earth known as com acted lacial eel Y P g P i When sewage hits this layer, it runs off instead of being absorbed. Another Dispatch article on March 16 states that Franklin Count is connectin sewer to Y 9 replace what they called, pockets of pollution. The Count will a for the Y rY project upfront, but it will collect $3,500 - $4,500 per connection when the properties are sold. Commissioner Arlene Shoemaker commented, "Our concern was the health and welfare of the County." I I , Th e homeowners on Summitvi w e ,Trails End, and Glencree aren t asking Dublin to connect the sewer or pay to connect the sewer to their homes --all they have requested is a sewer line run past their homes, so that they can have some of the same privileges after paying City taxes for many years as the new I I, residents just moving in. She wonders how the residents in the new Wyandotte section feel about their sewage moving down to their lawns where their children play. I . I III RECORD OF PROCEEDINGS Minutes of ~ Meeting DAYTON LEGAL BLANK, INC.. FORM NO. 10148 May 1, 2006 Page 3 Held 20 Ginny Berke, 8191 Glencree Place, Dublin addressed the need for basic services in their area. She urged Council not to make the residents wait another 20 years before money is allocated for water and sewer lines. Basic services should come first, not sidewalks or palatial intersections. This is a health issue. At Council's last meeting, there was a presentation on pandemics. Here is a preventable health issue that the City can resolve, if it so chooses. The residents in their area do not even have storm sewers. There is a huge water retention area at the back and side of their yard, which is full of standing water containing carcinogens, pesticides, mosquitoes, and possibly sewage. The residents feel as though they have been forgotten many times. She urged Council to bring them up to par with the rest of Dublin. They are not asking to be brought into the 21St century, just the 20th century, which has already passed them by. It is City Council that makes the decisions, so they are asking Council's help. They are not asking for handouts -just for the main line to be installed in their neighborhood so they can hook up to it. Why is Council making it necessary for them to struggle and to fight for sewer and water? Why, in Dublin, should anyone, particularly the elderly, be worrying about basic services or plummeting home values? She requested that Council do the right thing. They pay taxes, too, and taxes should support all of Dublin. To add insult to injury, here is another way the City is alienating them -with the Emerald Fields Park. The City has closed off the entrance from Summitview to the park. She understands that the City does not want through traffic from Emerald Parkway to connect to Summitview, but there were barriers in place to prevent that. Then the City removed the barriers and closed the park entrance. They had thought that was a peace offering for building the water tower right in front of and beside their homes, which took years to build. They do have a sidewalk, but it does not connect to the park. Why couldn't the City have been gracious and connected the bikepath to the sidewalk, a distance of perhaps 10 yards? Instead, they have to walk either along busy, dangerous Summitview or a swampy area full of mud and questionable sludge to get to the park. How much better to have kept the barriers in place and the entrance to Emerald Park for them. Carl Cooke, 8161 Sawmill Road, Dublin noted that he speaks for himself and his wife. They have been close to this issue for a number of years and have attended as many meetings as possible to stay apprised of the situation. He commended Dublin for its fire and police services. He wants to reinforce the message that there is a need for sewers and for some, also water. Water and sewer are basic needs, and they would like to see Council address this. A couple of years ago, he was encouraged when the City conducted the survey of their area, which indicated the need for sewers. He really thought something was going to happen; instead, he has seen other projects constructed. There are a number of others who feel exactly as he does. He is not hostile; he is appreciative. But he is here to encourage Council to seriously consider the need for sewers. There are some developers interested in development that would be helpful to the tax base and otherwise, but they cannot develop in areas without sewers. Margaret Ryan, 8267 Riverside Drive, Powell stated that she has been a taxpaying citizen in Dublin for 52 years. She raised her family here, and has loved living in Dublin. As everyone knows, their well is no longer usable. Subsequent to the construction of the Wedgewood subdivision off Summitview Drive, their well is flooded with silt each time it rains. By putting dye into a ravine across the road, into which the development's holding ponds run, the EPA was able to confirm that there is a direct link between the runoff from those holding ponds, the ravine and their well. All the experts who have been brought in concur. That development is responsible for the fouling of their well, and this is the second well they have installed. After their first well became contaminated, they drilled a second well in 1998. It cost $6,000 and was built per Dublin's standards. The head geologist at Ohio State University told them that drilling a third well would be a wasted effort. The geology is such that there is no guarantee they can overcome that problem. As a citizen who pays taxes to continue living here, she is disgusted by the priorities the City of Dublin has chosen to fund. The roundabouts and the tunnel under Dublin Road were built at great expense. They question the necessity for those projects when some Dublin citizens cannot have clean, safe drinking water provided to their homes. She feels as though she lives in a third-world country. Their water is full of silt. Their toilets are full of muddy water; they cannot drink the tap water; and at times they cannot take a shower or do laundry. The City polled the homeowners along their portion of the road to determine if the homeowners were supportive of having City water and sewer brought to RECORD OF PROCEEDINGS M'nutes of Meeting DAYTON LEGAL BLANK, INC.. FORM NO. 10148 May 1, 2006 Page 4 Held 20 their homes. An overwhelming majority voted in favor, yet the City has decided to ignore the poll, indicating it would be too costly to provide. Her question is, how can they be expected to continue paying the high taxes imposed upon them, when they are deprived of the basic services provided to the majority of Dublin citizens? How can Council continue to justify their position in the light of the evidence that indicates they are victims of poor engineering and development? Mr. Reiner was quoted in the Dublin Villager on December 25, 2003: "This is really a big thing for this City. We really have unbelievable services." His statement followed Money Magazine's ranking of the City of Dublin as the #2 "Hottest City to Live in the Country." She disagrees with Mr. Refiner's assessment that the City has unbelievable services. If that statement were true, all Dublin residents would have clean water to drink and sewer services available for their homes. Joe Rvan, 8267 Riverside Drive. Powell stated that as everyone knows, he has very bad water. Every time he talks to Council, he is told that they cannot do anything for just one person. The recent survey of their area was confusing. He conducted a poll of his area, and found that 13 of 15 residents want water. He talked to Mr. Hammersmith with no result. He believes that Mr. Hammersmith is responsible for them not obtaining water service. He has provided packets of information to the City. Yet, when he asked Council at a meeting if they saw the information, only two members indicated they had - two members who had been at his home to observe. All the water running into Trails End Drive runs into a fissure hole that comes out at his springhouse. He had eight acres on the river before a house was built there. He picked that particular lot because of the scenic springhouse and well. Now, he cannot use his water. He hears repeatedly that the City cannot provide water service because there is no money to do that, yet the Indian Run homes received this service. Mr. Hammersmith told him that the roundabouts or tunnels are not funded with capital improvement funds or City income tax. Is that correct? The roundabout at Dublin and Brand roads cost $1.795 million and Dublin paid for it. Yet he is told the City does not have $100,000 to run water to his area -after he has lived in Dublin for 51 years. He helped develop Dublin; he built a lot of houses here. City records indicate the following: (1) The City paid $110,000 to Edensheir Estates as a settlement because the City changed its zoning laws -that money would have provided water to his street. (2) When the City built the southwest pool, it cost $495,000 to connect to water and sewer. Council members had not been apprised of that cost, and some were upset. (3) A total of 81 wells were contaminated because of The Dublin Golf Club. Dublin paid $141,000 and received $275,000 from the insurance company. There is still a $90,000 balance owed from Tartan Fields. (4) The City paid $13,000 to run a 3-inch waterline from Wedgewood Hills to the park. Was that for a dog park? No one is tapping into that line yet. If the City can pay that much money for something no one is using, why can't he get water? Jim Fluke. 8343 Trails End, Dublin, stated that Council Member Boring is aware of the problem he has - his home is the one located in the aforementioned muck. Groundwater from Glencree runs through his property. The stormwater pipes on his property are obstructed somewhere along the line. Mrs. Boring had an engineer bring out a bobcat. He dug up the pipe and installed a new one. Now the spillway runs toward his house because the pipe is blocked down the road. If he had sewer services, he would not have this problem. He has a septic tank. When the groundwater flow is backlogged it fills the septic tank, resulting in dirty water on his front lawn. He has complained about this, and his neighbors have complained about it. All they have requested is a sewer line. It is past time for this service to be provided -his problem has existed for years. When the City conducted the water and sewer a couple of years ago, information was included regarding the significant amount of money it would cost the residents that did impact the response. However, there is not one resident on Glencree, Trails End or Summitview that does not want sewer services, and they want it as soon as possible. Joanne Crockett, 3840 Summitview West Dublin stated that she has lived at that location 27-1/2 years. It amazes her that the City is willing to spend money on projects that seem frivolous to them -roundabouts and sidewalk repair, when they do not even have a sidewalk. In terms of bikepaths, there is a bikepath at the park now, but it does not connect to anything, so they must walk through the ditch and mud to get to the park and path. It seems hypocritical to her to consider Dublin such aforward-thinking city RECORD OF PROCEEDINGS Minutes of Meeting DAYTON LEGAL BLANK, INC.. FORM NO. 10148 May 1, 2006 Page 5 Held 20 when its citizens are not provided basic sewer and water services. Perhaps they need to seek attention on this elsewhere, as they seem to have no success with Council. Instead of spending her tax dollars on appearance related items, she would prefer it be spent on necessities. Mayor Chinnici-Zuercher noted that there are two areas they are speaking about -one at Sawmill and Summitview and one on Dublin Road. She has asked Ms. Grigsby to provide an update on what decisions have been made and what the City's future plans are. She also asked Mr. Hahn to address the recent decisions regarding the new park - why the entrance was closed and what the sidewalk implementation plans are, so that families and children will be able to walk through that area. Ms. Grigsby stated that the extension of water and sewer lines has occurred in Dublin primarily as development has occurred. In some areas where development was not occurring in areas where residents desired the extension of those lines, special assessments programs were established and the lines were extended. In 1998-1999, the City began to review those areas where there was either limited ability for future development to extend those services or no possibility of development. In 2000, the City extended water or both water and sewer lines to four or five areas. Subsequently, the City has assessed the remaining areas within the City that are currently unserved by water and/or sewer, including the estimated costs of extending the lines and the potential for funding those extensions through the available water and sewer funds. She explained that in 1992, a policy decision was made that water and sewer system improvements would be paid out of the water and sewer funds. Income tax dollars would be utilized for general public improvements, such as safety services, operating costs and capital needs -primarily park development and improvements to the transportation system. A survey of those areas without services was completed, including the cost of extension to the various areas and availability of funding through the water and sewer funds. That information was provided to Council in 2004. The survey indicated that in several areas currently not served by water and sewer lines, there was not a great desire by the residents to have the lines extended or to connect to the lines should the City extend the main lines. The City did not want to invest those dollars to extend main lines if some of the residents would not tap in. Nor did the City want to force individuals to tap in. The City identified the areas where there was a high I percentage of interest to tap in; in a couple of those areas, there were also health and safety issues to consider. Tests confirmed that all of the wells along Indian Run Drive were contaminated. In June 2004, Council approved extension of the water line to Indian Run Drive, and it made economical sense to install the sewer at the same time. Summitview Drive was also identified as a priority area, and Council directed staff that in future CIP budgets, service to this area would be the next to be funded as soon as it was economically feasible. In the CIP budget update each year, needed improvements to the water and sewer systems are reviewed as well as the available funding. The intention is to maintain a balance in the water and sewer funds that will support future operation of the systems. A meeting is scheduled tomorrow to discuss improvements needed to the existing sewer system. Mayor Chinnici-Zuercher stated that the potential funding for this project was discussed at the last CIP budget review. What year was projected for the Summitview project? Ms. Grigsby stated that it has not been programmed in the current 5-year CIP budget, which runs through year 2010. That programming has been impacted by the improvements needed to some of the older sewer lines in the existing system. Mrs. Boring stated that she has received calls from Summitview residents -some wanting the service and some not wanting the service. With that area, there is more than one way to serve it. One idea presented was that with future development to the east, or on the south side of Summitview, it could be less expensive to run the sewer lines into the areas of Glencree and Trails End. Has staff reevaluated that possibility? Ms. Grigsby responded that with the development of Wyandotte Woods, the line has been extended somewhat to the east. She is not certain of its location or the incremental cost savings as a result of that continued development. RECORD OF PROCEEDINGS Minutes of .-a. Meeting DAYTON LEGAL BLANK. INC.. FORM NO. 10148 May 1, 2006 Page 6 Held 20 Mrs. Boring noted that she believes the Planning Division has received communications from developers interested in areas of Summitview. Typically, it is the City's policy to allow the developers to extend service to the area being developed. She asked about the status of future development. . Ms. Grigsby responded that she has heard that there is developer interest in the area, but she is not aware of the status of that discussion. Mayor Chinnici-Zuercher stated that the developers are aware that if there is no water or service in the area of interest, that is part of the infrastructure they must provide. Ms. Grigsby responded that only a very small percentage of the sanitary sewer system has been constructed and funded through income tax or property tax. It has been funded primarily through the sewer fund or through grants received many years ago. It was necessary for the City to pay for the construction of the Upper Scioto West Branch Interceptor at a cost of approximately $20 million paid from the sewer fund through year 2018. For the water fund, a need for future water towers is currently being evaluated. In the current CIP budget, a water tower is programmed for the year 2007. The concern regarding construction of that tower is that the cost of steel has increased significantly. In this year's CIP update, the City's estimate of that project will be reevaluated. Mrs. Boring noted that the areas the City has recently provided service to are relatively new annexations where there were health and safety issues. She is concerned that the amount of building occurring north of Summitview will cause further contamination from leaking septic tanks. When the survey was conducted, less than than 50% of the residents on Trails End and Glencree indicated they did not want to connect to a sewer. Perhaps it would be wise to investigate the health and safety conditions in those areas and determine whether there might be any cost reductions before the CIP review to determine if any further study could be warranted. Ms. Grigsby responded that could be done. Mr. Keenan inquired about the survey results. With Indian Run, the criteria was based upon the health and safety issue and residents' intent to hook up to the services. Ms. Grigsby responded that in Summitview, the resident response was only 50 percent in favor. Mr. Keenan noted that the charge to tap in is significant $10,000-$15,000. In many of the areas, Thornhill in particular, the residents were not interested. It is important to note for the record, that the people in the City's newer subdivisions paid for their water and sewer infrastructure in their lot costs. They were not "given" those services at no cost. The infrastructure was not funded out of property tax millage. The City collects less than 2-3 mills of property tax, a very low amount in view of the total millage of 50-60 mills. Mrs. Grigsby responded that it is less than 2 mills. Mr. Keenan stated that the City receives less than 2 mills of property tax, and its other funding source is a 2 percent income tax. Historically, municipalities do not pay for this type of infrastructure. When they do extend the lines, the cost is usually assessed to the property owners. The City is attempting to address the needs of the remaining small pockets of unserved areas. Recently, the City paid for the extension of services to Indian Run, but the sewer funds are limited, and those resources are allocated as the funds allow. Other cities in this situation pass a bond levy and assess the property owners over a 20-30 year period. He noted that he has received no communication on the topic. There is a need for more dialogue between the residents and Council, such as occurred with Indian Run. In that case, the residents worked very hard to build a consensus of the community regarding their desire for service and Council responded to their request. Mayor Chinnici-Zuercher asked Mr. Hahn to explain the reason the park entrance was closed. Mr. Hahn responded that a Summitview entry point was prohibited as a condition of the original rezoning of that property, which occurred in the late 80's or early '90's. He assumes the concern at that time was the traffic it could draw. Consequently, an arrangement was made that when Emerald Parkway and the leg of Wyandotte Woods RECORD OF PROCEEDINGS Minutes of ~ ~.~.«r,r ~~Ce Meeting DAYTON LEGAL BLANK, INC.. FORM NO. 10148 May 1, 2006 Page 7 Held 20 Boulevard were opened, the Summitview entry point would be closed, only to be used by emergency vehicles. Mrs. Boring stated that when that property was rezoned, the residents were aware that the park would be an active park. They did not want more traffic drawn to Summitview. Funding for the park was allocated in small pieces. Although an entrance off of Summitview provided a temporary access point, the agreement was that it would be removed as soon as the entire park was completed. Mr. Hahn responded that is correct, and a small parking lot with a Summitview access was created to serve a small component of the park. It was provided with the understanding that when subsequent phases of the park proceeded along with the infrastructure of the road system, that entry point would be eliminated. Mrs. Boring reiterated that it was a rezoning condition that there be no entry point off Summitview. Mr. Hahn noted that the missing bikepath/pedestrian connection on Summitview will be addressed later on the agenda under the 2006 street maintenance program. It will be completed this year. The right-of-way for that connection was purchased in 2005 for construction in 2006. Mayor Chinnici-Zuercher clarified that the park was not provided as a "concession" to the residents for the water tower. The park exists because the City believed there were families in that area who would utilize it. Mrs. Boring has fought long and hard to have an active park in that area. She asked Mr. Hammersmith about the status of the resolution of the Ryans' problem. Mr. Hammersmith responded that a water line extension along Riverside Drive has not yet been programmed in the CIP. Mayor Chinnici-Zuercher stated that the City is now working on developing the 2007 CIP update. She recommended that Council request staff to provide updates on all this information and submit a proposal through the CIP process for both the Summitview area and Riverside Drive. Mr. Keenan inquired if that would include an updated survey. What has changed since the last survey? Ms. Grigsby noted that the last survey took several months to complete. Numerous requests for the responses were made by the City to the residents. There is not adequate time, based on previous experience, to collect updated information from a survey to use in the CIP process. Mayor Chinnici-Zuercher stated that it is the City's responsibility to send a survey out. It is the responsibility of all the concerned residents present tonight to go door-to-door in their neighborhoods and ensure that the survey is completed and returned promptly. The City cannot make such a significant investment in utility line extensions without assurance of property owner participation. She inquired if there was consensus among Council to provide this direction. Council members indicated consensus. Mr. Lecklider clarified that Mr. Liddell did send an email to Council within the last few days. Mr. Keenan has been out of town and has not had the opportunity to read it. Wallace Maurer. 7451 Dublin Road stated that he will read a prepared statement tonight. "George Carlin defines the shortest usable span of time as the time between the traffic - light turning green and the guy behind you blowing his horn." He has discovered an even shorter span -the time between standing at the podium displaying ignorance or error on a legal matter and Law Director Steve Smith moving in swiftly with correction. Given this, he is wary, despite the fact that Mr. Smith has never in public pounced on his interpretation of the Kindra firing, based on his interpretation of the firing procedure mandated by the Dublin Revised Charter. From the silence he draws five inferences: (1) Mr. Smith is not sure about the validity of his interpretations; (2) He is not sure and believes only the courts can decide on the validity of his interpretations; (3) Mr. Maurer has stated that in the interest of the City he would not take this issue to Court. If Mr. Smith believes that, he has counseled City Council and RECORD OF PROCEEDINGS Minutes of ~ ttn-City~ettn~ ~ Meeting DAYTON LEGAL BLANK, INC., FORM NO. 10148 May 1, 2006 Page 8 Held 20 management to say nothing, except to use body language to encourage him to leave the scene. Since Council and management have assumed stonewall silence, he has only conjecture to work with; (4) none of the three theories regarding Mr. Smith's silence are accurate, and there is some other explanation, which he cannot ascertain; (5) if his interpretations are wrong, Mr. Smith would long ago have confronted him on the grounds of "being a public nuisance," for slandering Council members and management members in a public forum, libeling them in the newspapers, and damaging the international reputation of the City of Dublin. He noted that Mr. Smith did respond to him once in asemi-public setting. Following an adjourned Council meeting, Mr. Smith loudly denounced him in no uncertain terms for claiming that Kindra had not received due process. About the application of the phrase, "due process," he responded that Mr. Maurer knew nothing and that Kindra had signed a settlement. To that, Mr. Maurer responded that "the settlement was a legal fiction, a non sequitur." According to his interpretation of the firing procedure mandated by the Revised Dublin Charter, Kindra had not been properly and legally fired. Mayor Chinnici-Zuercher noted that Mr. Maurer's time had expired. He could either continue in two weeks or submit the prepared statement to the Clerk for the record, distributing copies as well, if he liked. Mr. Maurer responded that he would continue in two weeks. Mr. Ciarochi introduced Jeff Tyler, newly hired Chief Building Official and Director of Building Standards. Mr. Tyler has 18 years of experience at the state and local levels of government in code compliance for building code regulations. Specifically, he has worked for the State of Ohio, City of Kettering, and the City of Dayton. He has a degree in architecture as well as a Class 1 license as a CBO. He is experienced not only in building code compliance, but also in historical preservation and planning. Mayor Chinnici-Zuercher welcomed Mr. Tyler to the City. Mr. McCash noted that he is acquainted with Mr. Tyler, having worked with him within the scope of the architectural profession. He considers Mr. Tyler an excellent choice for the City. LEGISLATION POSTPONED ITEM Resolution 46-06 Declaring Certain City Owned Property as Surplus and Authorizing the City Manager to Dispose of Said Property in Accordance with the Ohio Revised Code Section 721.15. Mr. Lecklider introduced the resolution. Ms. Brautigam noted that this legislation had been previously scheduled on the April 18tH agenda, but the exhibits were inadvertently left out of Council's study materials. Action was postponed to the May 1 Council meeting. The exhibit containing the list of vehicles to be included in the on-line auction has now been provided. Vote on the Resolution: Mr. Reiner, yes; Mr. Keenan, yes; Mrs. Boring, yes; Mayor Chinnici-Zuercher, yes; Ms. Salay, yes; Vice Mayor Lecklider, yes; Mr. McCash, yes. PUBLIC HEARING/SECOND READING -ORDINANCES Ordinance 21-06 Amending Section 94.11 of the Dublin City Code Regarding Smoking Prohibitions, by Enacting a New Sub-Section which Prohibits Smoking in Dublin-Operated Outdoor Pool Areas. Mr. Smith stated this legislation is an effort to address a problem existing in Dublin's outdoor pool areas. At the last meeting, Council Member McCash suggested that a provision be included regarding smoking during the Irish Festival event and parks in general. He and the City Manager have discussed this issue and subsequently, he has discussed it with Ms. Puskarcik, Community Relations Director. Information is being gathered and will be forwarded to Council within approximately 30 days. Wallace Maurer. 7451 Dublin Road inquired if the amendment to Section 94.11(6) of the City Code to include the phrase "all enclosed areas" would also cover the Irish Festival. RECORD OF PROCEEDINGS Minutes of Meeting DAYTON LEGAL BLANK, INC.. FORM NO. 10148 May 1, 2006 Page 9 Held 20 Mr. Smith responded that is the issue Mr. McCash raised at the last meeting. As he explained earlier, Legal staff is reviewing not only that situation but smoking in City parks in general. That report will be forwarded to Council for future action. Vote on the Ordinance: Ms. Salay, yes; Vice Mayor Lecklider, yes; Mr. McCash, yes; - - Mayor Chinnici-Zuercher; yes, Mrs. Boring, yes; Mr. Keenan, yes; Mr. Reiner, yes. INTRODUCTION/FIRST READING -ORDINANCES Ordinance 24-06 Accepting the Annexation of 4.634 More or Less Acres from Washington Township to the City of Dublin. (Petitioner: Washington Township Trustees) Ms. Salay introduced the ordinance. Ms. Brautigam noted this accepts the annexation of site of the Washington Township administration building. Mayor Chinnici-Zuercher noted that there will be a second reading/public hearing at the May 15 Council meeting. Ordinance 25-06 Rezoning Four Parcels Totaling Approximately 33.33 Acres, Generally Located on the North Side of West Bridge Street, Approximately 1,000 Feet East of Shawan Falls Drive From R-2, Limited Suburban Residential District, To HB, Historical Residential District. (1919 Building, Sells Middle School, and Indian Run Elementary School - 144, 150, 60 and 80 West Bridge Street -Case No. 06-0482) Vice Mayor Lecklider introduced the ordinance. Ms. Brautigam noted this is another in the City's continuing area-wide rezonings. It is within the historical district. Mr. Keenan commented that these are housekeeping items. Was it necessary for the school board to request this rezoning? Mr. Gunderman responded that it was necessary for the school board to sign the application. Mayor Chinnici-Zuercher noted that there would be a second reading/public hearing at the May 15 Council meeting. Ordinance 26-06 Accepting the Annexation of 226.6 More or Less Acres from Washington Township to the City of Dublin. (Petitioner: Carmel Farms, Inc.) Ms. Salay introduced the ordinance. Ms. Brautigam noted this is an annexation of land within the southwest area of the City. Mayor Chinnici-Zuercher noted that there would be a second reading/public hearing at the May 15 Council meeting. Ordinance 27-06 Authorizing a Land Exchange with Multicon Builders, Inc. for Roadway Improvements, and Declaring an Emergency. Mr. Lecklider introduced the ordinance. Mr. Smith stated that the City has been working on this land exchange for 2-1/2 years. It was excess land from the Ballantrae development. The exchange of land eliminates the need for the City to purchase the land for the Tuttle Boulevard extension. This land has already been rezoned. The neighbors have been notified of the exchange of ownership, the properties have been appraised and the City will be receiving a check for $213,000 at closing. Mr. Keenan inquired if the City is in fact exchanging 15 acres for 6 acres. Mr. Smith responded that the City is exchanging 15 acres at the back of the park for 6 acres of commercial property. This will allow Dublin to control both sides of the Tuttle Boulevard extension, which is desirable in order to avoid a potential "Sawmill Road" situation in the future. Ms. Salay inquired if this land is in the City of Columbus. Mr. Smith confirmed that it is. Mr. Keenan referred to paragraph 9-c of the agreement, which states, "The parties hereby agree that because the City property is exempt from real property taxes, the parties will not pro-rate real estate taxes at the closing with respect thereto." RECORD OF PROCEEDINGS Minutes of ~i~~_~1 Meeting DAYTON LEGAL BLANK, INC.. FORM NO. 10148 May 1, 2006 Page 10 Held 20 Presumably, the 15 acres of City property would be exempt, but the developer would owe monies on the six acres for the last tax period, July 8 through the closing date in May. Who will pay that tax? Mr. Smith responded that provision applies only to the City property. Mr. Keenan moved to dispense with the public hearing and treat this as emergency legislation. Ms. Salay seconded the motion. Vote on the motion: Mr. Keenan, yes; Mr. Reiner, yes; Mayor Chinnici-Zuercher, yes; Mr. McCash, yes; Mrs. Boring, yes; Ms. Salay, yes; Vice Mayor Lecklider, yes. Wallace Maurer. 7451 Dublin Road asked for clarification. Are fifteen acres being exchanged for six acres, not thirty-six acres? Mr. Smith confirmed that is correct. Fifteen acres of residential land behind the park on Avery Road is being exchanged for six acres of commercial land where the Tuttle extension will occur. Mr. Maurer inquired the significance of the $213,000 payment. Mr. Smith responded that the appraisal found that the City property is valued at $213,000 more than the Tuttle Crossing Boulevard property. Therefore, the developer must pay the City the difference. Mr. Maurer inquired if that amount was derived from the average sale value in that area. Mr. Smith responded that independent appraisers were hired. They reviewed comparable sales of commercial property and comparable residential sales. Vote on the Ordinance: Mr. McCash, yes; Mrs. Boring, yes; Vice Mayor Lecklider, yes; Ms. Salay, yes; Mayor Chinnici-Zuercher, yes; Mr. Reiner, yes; Mr. Keenan, yes. Ordinance 28-06 Authorizing the Purchase of a 1.275 Acre, More or Less, Fee Simple Interest, and a 0.058 Acre, More or Less, Permanent Utility Easement, from Robert G. Eickholt, Jane M. Eickholt and David Eickholt, Located South of Tuttle Crossing Boulevard, City of Dublin, County of Franklin, State of Ohio, and Declaring an Emergency. Ms. Salay introduced the ordinance. Mr. Smith stated that this is another of the 15 landowners from whom it will be necessary to acquire property for the widening of Tuttle Crossing Boulevard. Mr. Reiner moved to dispense with the public hearing and treat this as an emergency. Ms. Salay seconded the motion. Vote on the motion: Mr. Keenan, yes; Vice Mayor Lecklider, yes; Mr. McCash, yes; Mayor Chinnici-Zuercher, yes; Ms. Salay, yes; Mr. Reiner, yes; Mrs. Boring, yes. Vote on the Ordinance: Ms. Salay, yes; Mr. Reiner, yes; Mr. Keenan, yes; Ms. Salay, yes; Mrs. Boring, yes; Mayor Chinnici-Zuercher, yes; Mr. McCash, yes. Ordinance 29-06 Authorizing the City Manager to Accept and Receive a 1.314 Acre, More or Less, Fee Simple Interest, a Combined 0.325 Acre, More or Less, Utility Easement, and a 0.639 Acre, More or Less, Temporary Construction Easement, Donated by the Board of Park Commissioners of the Columbus and Franklin County Metropolitan Park District, Located on the West Side of Hyland-Croy Road, Jerome Township, Union County, State of Ohio, and Declaring an Emergency. Mr. Lecklider introduced the ordinance. Mr. Smith noted that the City is receiving this property at no charge in appreciation for the City's cooperation on the project. Vice Mayor Lecklider moved to dispense with the public hearing and treat this as emergency legislation. Ms. Salay seconded the motion. Vote on the motion: Mrs. Boring, yes; Mr. Keenan, yes; Mr. Reiner, yes; Mayor Chinnici- Zuercher, yes; Vice Mayor Lecklider, yes; Mr. McCash, yes; Ms. Salay, yes. Vote on the Ordinance: Mr. McCash, yes; Ms. Salay, yes; Mrs. Boring, yes; Mr. Keenan, yes; Mr. Reiner, yes; Mayor Chinnici-Zuercher, yes; Vice Mayor Lecklider, yes. RECORD OF PROCEEDINGS Minutes of ~ Meeting DAVTON LEGAL BLANK, INC.. FORM NO. 10748 May 1, 2006 Page 11 Held Zp Ordinance 30-06 Authorizing the City Manager to Execute Mutual Aid Agreements with Other Political Subdivisions. Mr. Lecklider introduced the ordinance. Ms. Brautigam stated that the City recently received a request for renewal of a mutual aid agreement with the City of Columbus Police Department. Rather than requesting authorization to renew a single agreement, staff would like to request a blanket authorization for the City Manager to enter into mutual aid agreements with other such entities. There is no liability involved in the sharing of equipment and personnel. Mayor Chinnici-Zuercher stated if Council were to authorize this, she would like that authorization to include the understanding that the City Manager would immediately report to Council of the signing of such agreement. Mr. Keenan inquired if there are any workers' compensation issues related to mutual aid. Mr. Smith responded that he does not believe so. Mr. Keenan responded that it is important to confirm that. From his work with the Township, he has also learned that it is important to know the radius of the destination area. He would request that the geographical boundaries of the area be defined for a blanket approval area. Also, who would provide the dispatching service? Who is the decision maker? One of the problems with mutual aid contracts are situations of "jumping runs" because the team is anxious to respond. Mr. Smith stated that he would provide a memo responding to those questions for the second reading. Mutual aid agreements are very similar, and a copy of one will also be provided at the next meeting as an exhibit. Mayor Chinnici-Zuercher inquired if Council is willing to consider authorizing a blanket authorization. Mr. McCash noted that this would relate only to police protection. Fire protection is provided by the Township. Mr. Keenan noted that the agreements are essential, but Council should be aware of the parameters or rules for engagement. Mr. McCash inquired what type and volume of calls are typically received from surrounding areas. Mr. Smith responded that information would also be provided for the next meeting. Ms. Brautigam noted that there are also building inspection mutual aid agreements. It is her understanding those would not be included in this authorization. Mayor Chinnici-Zuercher responded that if this is limited to police mutual aid only, why can't those be brought to Council for approval on an individual basis? Mr. Keenan noted that there are multi jurisdictions involved. Mayor Chinnici-Zuercher responded that the details could be different as well, depending on the jurisdiction. Mr. Reiner suggested that Chief Epperson comment. Chief Epperson stated that the Columbus Police mutual aid agreement is one of many in place. They are different from state law that covers state-wide mutual aid for true emergencies. The local agreements could apply to emergencies, but their focus is more for day-to-day use. Most of the agreements include standardized language. Because Dublin lies in three counties, Dublin has mutual aid agreements with Delaware County, Union County and the City of Columbus. Mrs. Boring inquired why a blanket authorization is preferable to requiring that the individual agreements be provided to Council in order that Council may be knowledgeable about the parameters of each one. Chief Epperson responded that it was his understanding that mutual aid agreements were entered into by the Chiefs of Police. When the request for the Columbus mutual aid contract was received, he was made aware of the fact that City Council provides authorization for contracts. Blanket authorization would actually simplify the process. The contract language is standard, and if the Law Director envisions no issue with the terms, the agreements would not need to be reviewed and approved by Council. Mr. Keenan inquired if there are statistics available on the services provided under the existing agreements. RECORD OF PROCEEDINGS f Meetin~ DAYTON LEGAL BLANK, INC.. FORM NO. 10148 May 1, 2006 Page 12 Held 20 Mr. Epperson responded that the information is not currently available, but it could be researched and compiled by staff. Mr. Keenan noted that maintaining a history of the service provided is important. If it is not currently maintained, he would suggest documenting that information going forward. Chief Epperson noted that the City does not frequently request mutual aid. It is used primarily for special circumstances for which a special unit is required, such as a SWAT team. Mayor Chinnici-Zuercher noted that there would be a second reading/public hearing at the May 15 Council meeting. INTRODUCTION/PUBLIC HEARING -RESOLUTIONS Resolution 44-06 Authorizing the City Manager to Execute an Agreement with Columbus Cricket Club Regarding Field Usage. Vice Mayor Lecklider introduced the resolution. Mr. Hahn stated that the City has been working with the Columbus Cricket Club to have the sport housed at Emerald Fields. Mr. Keenan suggested that a time frame be stipulated in Article 5, requiring that pre approval be obtained for any camps, events, clinics, etc. and that indemnification be clarified in Article 10. Mr. Smith stated that would be clarified in the contract. Vote on the Resolution: Mr. McCash, yes; Mr. Reiner, yes; Ms. Salay, yes; Mrs. Boring, yes; Vice Mayor Lecklider, Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes. Resolution 47-06 Accepting the Lowest/Best Bid for the Darree Fields Restroom Project 2006. Vice Mayor Lecklider introduced the resolution. Mr. Hahn stated that the staff memo failed to note that this project will provide a significant concrete area, which will be utilized as a patio area. Staff has met with 2K General, the recommended contractor, and to date, has identified approximately $25,000 in potential savings in the contract. They will continue to meet with 2K General to do more value engineering without sacrificing the architecture or the square footage of the structure. Mr. Keenan inquired about the square footage of the building. Mr. Hahn responded that the occupied square footage is approximately 1,000 square feet. Vote on the Resolution: Vice Mayor Lecklider, yes; Mr. Keenan, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mayor Chinnici-Zuercher, yes; Mr. McCash, yes; Ms. Salay, yes. Resolution 48-06 Accepting the Lowest/Best Bid for the 2006 Street Maintenance Program. Vice Mayor Lecklider introduced the resolution. Mr. Richardson stated the City received three bids for the 2006 Street Maintenance Program. Strawser Paving Company has been determined to be the preferred bidder. Mr. Reiner inquired if resurfacing would be done on Martin Road. Mr. Richardson responded that resurfacing would done on Martin Road heading west - from SportsMart to the truck entrance at Meijer's. Mrs. Boring requested clarification regarding the City's intent to provide a bikepath connection on Summitview. Mr. Richardson responded that it is scheduled for construction in 2006. The City already has obtained the easements and right-of-way to accommodate a bikepath along the south side of Summitview from the previous park entrance, heading west. There will be a crossing and connection to the bikepath on the former Conine property. Mrs. Boring stated that a bikepath tunnel has also been prioritized for that area. When has that construction been scheduled? Mr. Richardson responded that the tunnel is on the master CIP list, but it is not programmed within the current 5-year CIP. Ms. Grigsby noted that the only bikepath tunnel that is currently programmed is the one on Dublin Road. RECORD OF PROCEEDINGS Minutes of Meeting DAYTON LEGAL BLANK. INC.. FORM NO. 10148 May 1, 2006 Page 13 Held 2~ Mr. Hammersmith noted that the crossing will be located at the site of the proposed pedestrian tunnel. Mrs. Boring noted that there is a small gap of perhaps 50 feet between the end of the park and Wyandotte Woods. Mr. Hammersmith responded that when T&R Properties did their development, they constructed part of the bikepath, but perhaps a small piece was not installed. Staff will review this. Mrs. Boring stated that if the missing portion could be completed, the students would be encouraged to walk to the high school. Mayor Chinnici-Zuercher inquired if the construction would be completed by September. Mr. Richardson responded that the projected completion date is September 1. Mr. Keenan inquired if there is an overlay in the Justice Center parking lot. Mr. Richardson responded that there will be a major rehabilitation of the asphalt at the rear of the Justice Center. The parking lot was constructed as a flat surface in 1993. There are some existing drainage problems, so additional under drains will be installed. The parking lot receives a lot of water from the slope of Emerald Parkway, and the new drainage should intercept that water. Vote on the Resolution: Ms. Salay, yes; Vice Mayor Lecklider, yes; Mr. Reiner, yes; Mr. Keenan, yes; Mr. McCash, yes; Mrs. Boring, yes; Mayor Chinnici-Zuercher, yes. OTHER • Finance Committee Recommendations for Hotel/Motel Tax Grants Mr. Keenan stated that the Finance Committee met on April 19th to review nine hotel/motel tax grant applications. The criteria for the grants are for projects in the area of cultural arts, beautification of public property, improvements of Dublin's historic district, special events, and other projects that would enhance Dublin and projects and events that would appeal to Dublin visitors and tourists. Priority is given to projects that generate overnight stays in Dublin hotels, encourage support of Dublin businesses, restaurants and attractions, attract positive coverage by local, regional and national media, and reach a broad segment of the community. There was a total of $20,000 to allocate for events related specifically to Historic Dublin, and an additional $20,000 available from which to fund other requests. The grant requests totaled over $60,000. The Committee recommendations are as follow: 1. Arthritis Foundation -the actual amount of City services not to exceed $4,000. The Showmobile rental fee has already been waived by earlier Council action. 2. DARE Association -funding of $5,000 from the Police budget or from the General Fund, at Council's direction. There is a memo in tonight's folder from the applicant responding to the recommendation for award. 3. Dublin Youth Athletic Association Memorial Baseball Tournament and Super League World Series -waiver of the field use fee of $1,500 and field light fee of $500, totaling $2,000 per event for a total of $4,000. 4. Dublin Teen Institute -fund the actual amount of City services not to exceed $3,000. 5. Kiwanis Frog Jump -fund the actual amount of City services not to exceed $5,000. 6. Ohio Wildlife Center -grant of $5,000 7. National Intercollegiate Flying Association -grant of $3,000 From Historic Dublin designated funds: 8. Dublin Arts Council -actual amount of City services not to exceed $10,000. 9. Historic Business Association -Great American Race -grant not to exceed $10,000 for expenditures, subject to an overview and final approval by City Community Relations Division. He noted that all of the above organizations met the hotel/motel tax grant criteria. The projects would bring unique things to Dublin either in services, opportunities or by filling hotel rooms, which generates the bed tax funds used for these grants. The Finance Committee also recommends that Council consider increasing the available hotel/motel tax grant discretionary funding amount for 2007. RECORD OF PROCEEDINGS Minutes of ~ Meeting DAYTON LEGAL BLANK, INC.. FORM NO. 10148 May 1, 2006 Page 14 Held Zp Mrs. Boring inquired about the Great Race. Is the reason those funds will be subject to overview/approval by City staff due to the fact that the event will close the main thoroughfare during rush hour? Mr. Keenan responded that is part of the incentive. It is also to ensure that the money will be used for items that will enhance the event. Mr. Keenan moved approval of the Finance Committee's recommendations as stated. Mr. Lecklider seconded the motion. Wallace Maurer. 7451 Dublin Road stated that he was interested in the recommendation for a grant of $5,000 for the Ohio Wildlife Center. Where is the Center located? Ms. Brautigam responded that it is located on SR 745 north of Shawnee Hills. The Wildlife Center provides services related to managing wildlife in the community. Mayor Chinnici-Zuercher noted that the funding is for an event for the community called "The Wildfest." Vote on the motion: Mr. Keenan, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr. McCash, yes; Ms. Salay, yes; Vice Mayor Lecklider, yes; Mayor Chinnici-Zuercher, yes. (Clarification regarding the grant request for DARE was provided later in the meeting under the Round Table portion. The Police Department will provide support in kind for this conference, not a cash donation.) Mayor Chinnici-Zuercher inquired how Council wants to address the Committee's recommendation for an increase in the funding for hotel/motel tax grants. Mr. Keenan responded that at this point it is sufficient to make Council aware of the Committee's recommendation. The issue could be addressed during the annual 2007 budget review. Mayor Chinnici-Zuercher responded that there would be a need for Council direction at this time, as there are other entities and services supported significantly by hotel/motel tax funds. November would be too late to request that the 2007 funding allocations be handled differently. She recommended that the Committee request from Ms. Grigsby whatever additional information might be needed to develop a formal recommendation for Council's consideration. Council direction should be given no later than July, as staff is already developing the 2007 budget. Mrs. Boring suggested that Council dedicate a study session to this discussion. The hotel/motel tax funds were initially intended for many purposes, including beautification of the City. What is the purpose in collecting the tax, if the City will in turn pay it all out to other entities? The initial purpose was to give something back that would benefit the community. It would be worthwhile for Council to re-evaluate its position regarding the purpose and use of the tax revenue. Does Council want to sponsor more events? A few years ago, Ms. Puskarcik submitted a list of potential events, and at that time Council pared it down. A Council discussion regarding the future purpose of the hotel/motel tax funds would be beneficial. Perhaps the ordinance should be revised. Mr. Keenan stated that this ties in with the discussion at the last Council meeting regarding the Dublin Arts Council funding. At that time, Ms. Boring raised the issue that the Arts Council was to handle the Art in Public Places projects within their 25 percent funding allocation, and past Council minutes confirm that understanding. Because the Art in Public Places component is a significant part of their budget, perhaps the City should discuss with the Arts Council their intentions in terms of going forward with that commitment and how that might impact other programming. A review of the Arts Council's staffing level per capita, as suggested, could also be included. The Finance Committee agreed that there are many projects worthy of funding, so a review of the allocation of the hotel/motel tax fund would be welcome. Mr. McCash stated that there is a concern regarding equity in funding. When the City agreed to dedicate 25 percent of the total bed tax revenue to the Dublin Arts Council, it was with the understanding that DAC would fund the City's Art in Public Places projects and pay for the rental of the City-owned facility from that funding. However, the Dublin Convention and Visitors Bureau also receives 25 percent of the hotel/motel tax revenue, per state statute, but when DCVB wanted new facilities, the City did not require them to budget that out of the 25 percent funding. In fact, the City agreed to provide them RECORD OF PROCEEDINGS Meetin DAYTON LEGAL BLANK, INC.. FORM NO. 10148 May 1, 2006 Page 15 Held additional funding for facilities. Presently, the only way the City will be able to identify additional funds for the other events is to take it from the City's special events budget. The City has continued to increase the size of its sponsored events. Perhaps at this point Council must decide to limit the size of future City-sponsored special events because there are no longer sufficient hotel/motel tax funds to provide 25 percent to the Dublin Arts Council, approximately 30 percent to the Dublin Convention and Visitors Bureau, and still have funds for the other charitable events that apply for grants. Council's decision to allocate these percentages to two other entities has impacted the remaining balance available for City special events. Mr. Keenan stated that staff's memo regarding availability of funds for hotel/motel grants indicates that the Ohio Revised Code requires that 25 percent of the tax revenue be designated for the Convention and Visitors Bureau. An additional 25 percent is allocated to the Arts Council. In recent years, the City has also agreed to grant the Bureau additional funds to assist them with their lease obligation. The remainder is allocated to debt service associated with the acquisition and renovation of the facility that houses the DAC and to special events. He asked for clarification about the City's obligations for maintenance and upkeep of the DAC facility. Ms. Grigsby responded that the majority of the maintenance and upkeep of the facility and the site is provided by and paid for by the City. The City also issued debt to acquire and renovate the facility. The debt service on the facility is $170,000/year. This year, the City will receive $66,000 back from the DAC through rent payments. Mayor Chinnici-Zuercher stated that she agrees with Mrs. Boring's suggestion for a study session or committee meeting of the whole. It is essentially a question of what Council wants to provide to the community with these funds. Perhaps it is a matter of allocation of monies in a different manner. Some items were originally funded through the General Fund before hotel/motel tax funds were established. She summarized that this discussion will need to be scheduled in the near future, as it is a priority item in the preparation of the annual operating budget. If necessary, another study session topic may need to be delayed. stormwater Waiver Request -Brighton Woods Civic Association Mr. Hammersmith stated that on April 3, 2006, Engineering received a letter from the Brighton Woods Civic Association requesting exemption from the City's current stormwater management requirements. Prior to 1998 and at the time the Brighton Woods condominium project was approved in 1997, stormwater management design followed the less restrictive MORPC stormwater management standards. For this condominium project, a stormwater management plan was approved that consisted of a combination of dry detention basins within the paved and turf areas. In 1998, the ponding areas and controls were in place. In Fall 2004, the property management company met with staff concerning the addition of decks and patios to the existing units. At that time, the property management company informed staff that the stormwater system in place did not match that in the approved plans. Through a field review, staff confirmed that the site is not in compliance with the plans. Staff recommends that the waiver be granted subject to the condition that the civic association attempts to create the controls in the parking areas to the City Engineer's satisfaction. Ms. Salay stated that the homeowners in this community desire some small decks and patios common to most condominiums. When they submitted building applications to the City, they learned that this item had not been included in the final development plan. Staff, the Legal Department and the civic association have been working cooperatively the past nine months on this issue. A revised final development plan showing where the small patios at the rear of the individual units will be constructed will be submitted to the Planning and Zoning Commission, if this waiver is approved. Mr. Reiner inquired if there is a concern regarding providing this approval due to the long-term liability for the City. The staff memo infers that would not be a problem, however, he has seen many cities in which this type of situation became a major problem later and the liability then became the City's. Is any direction given as to whether the decks are permeable or solid? Mr. Hammersmith responded that there would be a mix of patios and decks -patios non-permeable and decks permeable. RECORD OF PROCEEDINGS Mi Meetin DAYTON LEGAL BLANK, INC_ FORM NO. 10148 May 1, 2006 Page 16 Held 20 Mr. McCash stated that the staff memo indicates that at the time the project was inspected by the City inspector, the project was in compliance with the approved plans. Mr. Hammersmith stated that was the case. This was a unique situation for a condominium project development. Water and sewer lines were extended through a public easement on this site. The site was graded and all the paved pads were completed. Later, individual building permits were secured for each unit as they were constructed. Each unit had its own building permit and grading plan around the unit. The City inspector inspected only the individual unit and the grading around that unit. He did not inspect the entire site for conformance with the stormwater management plans. Mr. McCash noted that the memo indicates that at this time it would be difficult to bring the site into compliance with the approved plan. Mr. Hammersmith stated that it would be a hardship for the homeowners association. A significant amount of excavation would need to be done to create the ponding areas, particularly in the turf areas. It appears that the ponding areas are in the paved areas, but the vast majority of it was to have been in the turf areas. Apparently, those areas were filled in as the buildings were constructed. Ms. Salay stated that there are some detention areas in the turf that are not according to the plans; the ponding areas in the paved areas are in compliance. There are no stormwater issues up or downstream in that area, which is completely developed around the site. Both staff and the Law Department are comfortable with granting a waiver. There are no issues that would result from the noncompliance of the site. Mr. McCash inquired where stormwater would release downstream. Mr. Hammersmith responded that on the plat it releases onto Old Wilcox Road, a vacated area of the road south of Rings Road that runs east and west. Mr. McCash stated that as stormwater heads to the river it would flow through the Llewellyn Farms and Bradenton areas. Mr. Hammersmith noted that there is only an eight-inch outlet from this site into a 15- inch existing storm sewer, but the stormwater does go into a contained system as it heads east to the river. Mr. McCash noted that his intent is to verify that it could not be causing any of the Clover Court issues. Obviously, without the orifice plates, the condominium site is putting much more stormwater off site than is permitted. Mr. Reiner inquired if the Legal Department is comfortable that there will be no future liability issues for the City by waiving the current Code requirements. Mr. Smith responded that a significant amount of time has been dedicated to resolving this issue. The size of the patios is minimal, no more than astep-out area. No potential liability issue has been identified. Vice Mayor Lecklider asked if it is a foregone conclusion that the decks and patios will encroach into the setbacks. Mr. Hammersmith responded that is true. It is necessary for the civic association to bring an amended final development plan to the Planning Commission to address that issue. Ms. Salay noted that there are only two or three 3 units where an encroachment would occur. Mr. Smith responded that the encroachment would not exceed three feet and it would occur with the corner units. Vice Mayor Lecklider inquired why it must be heard by Planning & Zoning Commission versus the Board of Zoning Appeals. Mr. Gunderman noted that the project is a PUD, and the amendments to that plan are reviewed by P&Z. Where encroachment would occur into the setback areas is an issue that the Planning Commission must review. This has occurred with three to four other projects that have returned with a request to add porches or decks. He clarified that the size of the patios or decks for Brighton Woods are probably a little larger than indicated - a typical deck size of 8-10 feet is anticipated. The ones in existence now were not done with a building permit. RECORD OF PROCEEDINGS Minutes of ^ '-;m-City_Eau~ ~~~I Meeting DAYTON LEGAL BLANK, INC.. FORM NO. 10148 May 1, 2006 Page 17 Held Zp Ms. Salay noted that the unit with the most significant encroachment backs up to the parking lot of a Duke office development. There should be no issues with a setback from a parking lot. Mr. McCash noted that without the required orifice plates, stormwater is leaving the site fairly rapidly. There will be levels of water in the parking lot areas that they have not seen up to this point. Mr. Hammersmith stated that the deepest ponds in those areas are approximately 0.7 feet. Unless there is a problem downstream, the City is not inclined to require installment of the orifice plates. Mrs. Boring inquired if the condominiums have basements. Mr. Hammersmith indicated that they do. Mrs. Boring stated that she trust and relies upon staff's judgment. She is simply concerned about future liability issues for the City. Mr. Hammersmith stated that the site does not have any standing water issues. There are currently depressions in the site, but not with the volume capability that probably should be there. However, putting control structures in at this point could result in backing water up into the units themselves. Ms. Salay moved to approve the stormwater waiver request for the Brighton Woods Civic Association. Mr. Keenan seconded the motion. Vote on the motion: Mr. Reiner, yes; Mayor Chinnici-Zuercher, yes; Ms. Salay, yes; Vice Mayor Lecklider, yes; Mrs. Boring, yes; Mr. McCash, yes; Mr. Keenan, yes. • Community Survey Results n Mr. Ball stated that every two years, the City conducts acommunity-wide survey to gauge citizens' opinions about City services and programs. A survey was completed two months ago, and an executive summary has been provided to Council tonight. The surveys were mailed out to 2,500 random households evenly distributed among the four wards of the City. The survey was also made available on line. The mail responses received totaled 736, representing a good rate of return of 29 percent. This is the fourth community survey conducted by the City. Because the results have been consistent, it suggests a high degree of validity. He highlighted survey responses in key areas: • Satisfaction Level -98% of those surveyed indicated that Dublin was either an excellent or good place in which to live; • Image of Government - 62% percent have a positive image of City government; 33% trust the government to honor resident values; 33% believe City government cares what they have to say; • Customer Service -Municipal overall customer service - 89%; Overall courtesy of staff - 89.6%; Overall work performance of staff - 88.6%; Service of DCRC front desk staff - 87%; Service of outdoor pool staff - 83.6%; • Council/Government Responsiveness -Police response - 86.7%; Ease in reporting concerns - 80%; Responsiveness of City employees - 70%; City responsiveness to a concern - 65%; Quality of the response to concern - 65%; City considers opinions of citizens - 55.5% • Overall Ratings of City Services -Ranked from a high of 95% for Park services to a low of 78% for Roundabouts; • Community Attributes -Ranked from a high of 89% for Special Events to low of 69% for managed growth. Mayor Chinnici-Zuercher thanked staff for the report. She is pleased that with the community's degree of satisfaction with the City's decisions and responsiveness. She inquired if Council has a copy of the full report. Mr. Ball responded that he is distributing the executive summary of the report tonight. If a Council member would like any of the results broken down per ward, that separation is possible. Mayor Chinnici-Zuercher stated that the general summary is helpful. However, the detailed report would be a useful tool for determining which resources, if any, should be redirected. Mrs. Boring inquired if there was a higher response rate for any ward. Mr. Ball responded that the responses were evenly distributed across the wards. RECORD OF PROCEEDINGS M• Meetin_ DAYTON LEGAL BLANK, INC.. FORM NO. 10148 May 1, 2006 Page 18 Held 20 • Proposed Economic Development Summit Mayor Chinnici-Zuercher stated that Council discussed at their recent retreat the need for continuing education of Council members on economic development issues, including the trends across the country and the region, the City's policies and whether any need to be revisited. Columbus and all its suburban areas are looking at how the trends are influencing business and development for future planning. A breakfast meeting with panelists is proposed for September 13, which would include elected officials and an identified list of residents. There was no objection from Council to the scheduling of this summit on September 13. STAFF COMMENTS • Next Joint City Council/Planning 8~ Zoning Commission Workshop for the Community Plan Update Mayor Chinnici-Zuercher stated that Council's calendar for the next several weeks is very full. It has been suggested that the May 22 Study Session scheduled for discussion of the revised employee classification/compensation plan be used instead for discussion of the Community Plan update. Ms. Brautigam noted that one reason this has been suggested is that it has become apparent there is a need to move the effective date for implementation of the new classification/compensation plan from July 1, 2006 to January 1, 2007. The May 22nd date would also be a good opportunity for the Community Plan discussion, as it would immediately follow the Council/Planning Commission/staff site visit to Franklin, Tennessee. Mr. McCash indicated he would not be available on May 22. Following discussion, the May 22 Study Session was rescheduled to May 24 for the purpose of holding a joint Council and Planning Commission meeting to discuss the Tennessee site visit. Ms. Brautigam indicated a need to schedule the Community Plan open house. The dates suggested are June 14, June 20 or June 21. Following discussion, the Community Plan open house was scheduled for Wednesday, June 14 from 6:00-9:00 p.m. at the DCRC. Ms. Brautigam indicated that following the open house, a final follow-up joint meeting of Council and Planning and Zoning Commission needs to be scheduled to provide final direction. The original dates suggested were July 11 or July 12. Because the Mayor will be out of town that week, the consultant has indicated he could be available for a meeting during the week of July 17 or July 24. Following discussion, a decision regarding scheduling of the final joint meeting was deferred to the May 24 joint meeting. COUNCIL COMMITTEE REPORTS/COUNCIL ROUNDTABLE Mr. Reiner: 1. Reminded Council of the Public Services Committee meeting scheduled for May 8 at 6:30 p.m. to discuss the fire suppression tap fees for commercial development. 2. Complimented staff on the City Well Works program, which focuses on employees' health. Mrs. Boring: 1. Indicated that she attended the APA conference in San Antonio last week and found it very informative. She participated in the public art walking tour and obtained a copy of San Antonio's public art legislation to share with fellow • Council members. Much of their public art was obtained as gifts to the community. While there, she observed many parades and was impressed that the focus of many of the community's parades was not commercial, but fun. She suggested that Dublin make an effort to have less commercial participation in its community parades. Ms. Puskarcik responded that Dublin is securing more and better units for its parades. The goal is to shorten the length of the parade, keeping the quality of the units high and discouraging those that do not contribute to the community value of the parade. That can be accomplished by either charging higher fees or utilizing an application process. Mrs. Boring inquired how civic associations are encouraged to participate. RECORD OF PROCEEDINGS Minutes of Gi#~C~T~:~ Meeting DAYTON LEGAL BLANK, INC.. FORM NO. 10148 May 1, 2006 Page 19 Held 20 Ms. Puskarcik responded that staff makes an effort to encourage their participation, but their response is low. The City invites association members to an informational meeting where they are shown how to construct and decorate a float, and they are offered seed money for their first float. Mr. Keenan: 1. Provided clarification regarding the Finance Committee's recommendations for two hotel/motel tax grant applications, which were approved earlier in the meeting: (1) funding was recommended for the Dublin Youth Athletics events for field light usage, but that project is funded from the City's budget, not hotel/motel tax; and (2) authorization to fund the DARE grant request from the Police budget, not from hotel/motel funds was recommended. He wanted to ensure that Council was in accord on those items. Mayor Chinnici-Zuercher noted that a memo distributed tonight indicated that the DARE organization had actually withdrawn their proposal and would seek the funding elsewhere. Ms. Brautigam requested clarification. The memo referred to indicates that DARE is seeking funding elsewhere. Is Council providing direction at this time that the funding is to be taken from the Police operating budget so that DARE does not need to look elsewhere for the funding? Mr. Keenan responded that was the Finance Committee's recommendation, but he wanted to clarify that was also Council's direction. Mayor Chinnici-Zuercher clarified that after the organization has withdrawn its request, the City would not then fund it from the Police budget. Ms. Brautigam stated her understanding is that DARE has indicated that they want to support the Police. They do not believe it is appropriate to take from the money that is designated for the provision of public safety services. They also do not want to set a precedent for other police agencies throughout the state whereby similar grant awards may be made at the expense of public safety budgets. Mr. Keenan responded that two choices remain: provide no funding pursuant to the recent request to withdraw the grant application, or identify the available funding from another source, such as the General Fund. Mrs. Boring noted that there are other funding sources available to DARE, such as the Dublin Women's Club and the Dublin Foundation. Chief Epperson stated that he discussed this issue with the DARE Executive Director today. There are other ways the City can support the conference, as it takes place in Dublin. He indicated to the Executive Director that he would contact her tomorrow morning to discuss options for in kind support, subject to the outcome of tonight's meeting. Mr. Keenan inquired how clarification of Council's direction regarding the DARE application would be made. Mr. McCash responded that it has already been addressed. Council agrees that instead of a cash award, the event would receive in kind support to some extent through the Police division. The Clerk indicated that she would clarify the minutes to reflect Council's direction. Ms. Salay: 1. Indicated that she has contacted Mr. Hahn about an issue she brought up initially in the fall -the paving of part or all the roads within the cemetery. She has been approached with this suggestion previously and most recently by an elderly person who lives in Waterford Village and is a member of the Dublin Community Church. Because many of the funerals are at that church, a church group - ~ provides hospitality to the bereaved families. The individual pointed out that it is i very difficult for elderly people to walk to the gravesites. The mobility issue would be improved if the cemetery roadways were paved. She requested that Mr. Hahn investigate the cost of that project, and he has an estimate to share. Mr. Hahn stated that he asked a contractor to visit the site and provide a ballpark estimate of a light-duty pavement with tar and chip surface. The quote was $48,000. Ms. Salay requested Council's consideration of directing staff to include this project in the CIP project. Mr. Keenan responded that black asphalt could change the ambience of the cemetery. Ms. Salay responded that it was clarified that black asphalt would not be acceptable. This material would have a lighter color finish. RECORD OF PROCEEDINGS Meetin DAYTON LEGAL BLANK, INC., FORM NO. 10148 May 1, 2006 Page 20 Held 20 Mr. Hahn noted that it would be a white chip embedded into an asphalt base. Vice Mayor Lecklider stated that he recalls a previous discussion on the topic of appropriate surface materials. Mr. Hahn responded that Council previously requested staff to look into this. Mr. Reiner actually suggested the tar chip. Mr. Reiner noted the tar chip avoids the extreme of the black asphalt hard surface versus the opposite extreme of loose gravel, which is not wheelchair accessible. He is surprised at the cost. Mr. Hahn responded that it is a rather intricate transportation system within the cemetery. The quote obtained was not to award a contract. It was simply to give Council an idea of the cost. Mayor Chinnici-Zuercher indicated that she would like to view this material, if she could be directed where to do so. Mr. Hahn suggested that at Red Trabue Nature Park, aten-foot pedestrian path to the sensory garden provides a good example. Mayor Chinnici-Zuercher indicated that there are also existing drainage issues in the cemetery. Therefore, there may be other related costs in this project. Ms. Salay inquired if the request needs to be brought back with more information. Mayor Chinnici-Zuercher suggested that staff draft a plan for Council to consider. Mr. Hahn indicated staff would do so. 2. Stated that the public meeting at the Service Center regarding the proposed Eiterman Road extension was very well attended. Staff gave a very comprehensive presentation. She learned that Ballantrae is developing more quickly than anticipated. At this point, 600 units of 1,100 are occupied or under construction. The residents who attended the public meeting were adamantly opposed to the extension of Eiterman Road. There were issues regarding the school site plan that staff is continuing to work on. Staff will bring back some recommendations later this month or in early June. 3. Has received positive comments from residents regarding the City's pilot cable television program. 4. Indicated she would like to receive a copy of the homeowners association packet that is regularly distributed. It would be helpful to her to know what information the associations have received. Vice Mayor Lecklider: 1. Indicated that he has received phone calls concerning motorized devices on the City's bikepaths, particularly in the Red Trabue area. This would be a good opportunity to make residents aware of the fact that motorized scooters and the like are prohibited on the bikepaths. Residents have inquired to what extent the bikepaths are patrolled. Chief Epperson responded that in those situations, police response is generally complaint driven. All of the officers are bike-trained, and can deploy their bikes wherever they wish. Typically, their patrol is related to receipt of a complaint. Once the police begin to respond to the complaints, issuing warnings and providing citizen education, the complaints tend to diminish. Vice Mayor Lecklider inquired if Mr. Hahn receives similar complaints. Mr. Hahn responded that he has not. Vice Mayor Lecklider inquired of the frequency of posted signage notifying the public of the prohibition of motorized vehicles on the City's bikepaths. Mr. Hahn responded that that signage is posted only when there is a problem. They purposely do not post an excess number of signs, hoping common sense prevails. Vice Mayor Lecklider responded that there seems to be a proliferation of these types of devices. Chief Epperson noted that there is a lack of understanding among both parents and children concerning what devices are permitted on the bikepaths. Police often receive complaints regarding the motorized minibikes that are not legal on the roadways, and it is typical to receive complaints of such devices on the Avery Road bikepath. Staff will investigate the issue. Mayor Chinnici-Zuercher: 1. Stated that she participated in several meetings in the past few weeks. The Central Ohio Municipal Council met last Thursday in Canal Winchester; Gordon RECORD OF PROCEEDINGS Minutes of ~ ^o~ Meeting DAYTON LEGAL BLANK. INC., FORM NO. 10148 May 1, 2006 Page 21 Held 20 Proctor was the speaker. He gave an excellent presentation regarding ODOT related issues in Central Ohio. He was very complimentary regarding Dublin's assumption of the financial responsibility of the new interchange within the City. He expressed concerned that the federal funding may be reduced for Ohio. Mr. McCash inquired if he addressed the TEL amendment and its impact. _ Mayor Chinnici-Zuercher stated that he did address that issue. 2. Noted that at the MORPC meeting last week, information regarding the proposed TEL amendment was distributed. The City also received information from OML via the mail. Some jurisdictions have passed resolutions opposing the TEL. She encouraged Council members to read the materials received on this subject so that Council could have a more engaged discussion if they should desire to take a formal position. The Law Director is working with other jurisdictions in opposition to the proposed legislation. Mr. McCash inquired about the time frame by which Council would need to take a formal position. Mr. Smith responded that for it to be effective for the electorate, it would be preferable to wait until the end of summer to pass a resolution. The Law Department is working on forming a coalition to commence litigation. There was a public participation meeting today, and a private meeting is scheduled next week. Mr. McCash indicated that Council will want to follow through on this at the appropriate time. 3. Reported that she attended the Smart and Sober Town Hall meeting on April 24, which was hosted by the PERC group, as Ms. Salay apprised Council of previously. The panel presentation was excellent. Sergeant Rod Barnes from the Dublin Police Department provided information on how Dublin Police deal with offenses related to the issue within Dublin. There will be additional morning meetings on May 15 and 17 at the Rec Center. ADJOURNMENT TO EXECUTIVE SESSION Mayor Chinnici-Zuercher moved to adjourn to executive session for discussion of land acquisition and legal matters and noted that the meeting will be reconvened only to formally adjourn. Vice Mayor Lecklider seconded the motion. Vote on the motion: Mr. Keenan, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mayor Chinnici- Zuercher, yes; Ms. Salay, yes; Mr. McCash, yes; Vice Mayor Lecklider, yes. The meeting was adjourned to executive session at 10:10 p.m. The meeting was reconvened and formally adjourned at 11:00 p.m. c Mayor -Presiding Officer ~ Clerk of Council