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HomeMy WebLinkAbout01/20/2004 , , , RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK. INC" FORM NO.1 0148 January 20, 2004 Held 20 Mayor Chinnici-Zuercher called the Regular Meeting of Dublin City Council to order at 7 p.m. on Tuesday, January 20, 2004 at the Dublin Municipal Building. PLEDGE OF ALLEGIANCE l"'""'" Mr. Keenan led the Pledge of Allegian<::e. ROLL CALL Present were: Mayor Chinnici-Zuercher, Mr. Lecklider, Mrs. Boring, Mr. Keenan, Mr. McCash, Mr. Reiner and Ms. Salay. Staff members present were: Ms. Brautigam, Ms. Grigsby, Ms. Readier, Mr. McDaniel, Mr. Ciarochi, Mr. Harding, Mr. Hammersmith, Ms. Crandall, Ms. Puskarcik, Mr. Gunderman, and Chief Epperson. SPECIAL RECOGNITION Mayor Chinnici-Zuercher presented a plaque to Ms. Brautigam in recognition of the City's IMCA Program Excellence Award for Citizen Involvement for the civic association initiative. Ms. Brautigam accepted the award and acknowledged the contributions of the Community Relations division. APPROVAL OF MINUTES The Clerk reported that the minutes of January 5, 2004 meeting are not prepared at this time. Consideration of the minutes was postponed until the February 2 Council meeting. CORRESPONDENCE The Clerk reported that no correspondence requiring Council action had been received. ...-.. CITIZEN COMMENTS Wallace Maurer. 7451 Dublin Road noted: 1. He recently observed two water towers located along 1-270 between Worthington and Dublin, and the window positions caught his eye. They revealed that there is internal architecture in the towers, likely related to maintenance. This brought to mind the endless possibilities in water tower design - it could become an office building, department building, a museum, etc. It takes the combination of an artist and engineer to devise such a design. 2. He had envisioned a "showdown" tonight on the f6-month old Balbir Kindra firing case, but he has postponed this because of the new member of Council who is not familiar with the communications previously sent to Council. He has provided Mr. Keenan with the file, and will provide Council with copies of his correspondence to Mr. Keenan. 3. Asked about the criterion us,egt()C;ategorize a citizen as indigent. He had asked for this information at the last meeting. Ms. Brautigam stated that this information was mailed to Mr. Maurer today. LEGISLATION SECOND READING/PUBLIC HEARING - ORDINANCES CODE AMENDMENT Ordinance 117-03 (Amended) Amending Section 153.236 of the Dublin Codified Ordinances Entitled, "Procedure for Authorizing a Conditional Use." Ms. Readier stated that last year, the Planning Division questioned the criteria used for approving conditional uses. Upon further research, the Law Department found a Tenth District Court of Appeals case with jurisdiction over the City of Dublin that constrained the Planning Commission's review of cases involving conditional uses. The criteria used by Gahanna in that case were virtually identical to that used in Dublin. With a desire to retain as much discretion as possible for the City, the Law Department and Planning Division drafted revisions to the approval criteria for conditional uses. The Planning Commission then suggested two revisions that were incorporated in the ordinance present tonight. Mr. McCash stated that in reviewing the Rocky Fork case and the provisions in the ordinance, he questions whether the City could ever approve a conditional use in the future. The way it is written, it is almost'Sn impossible standard for anyone to achieve. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK. INC" FORM NO" 10148 Held 20 Ms. Readier responded that, to a great extent, much of the language was taken from other cities' ordinances. Many cities are using similar language in approving conditional uses. It is a standard that can be met, in the opinion of staff. r-- Mr. McCash stated that if an applicant must meet all of the requirements, including item 4 which relates to negative impact on existing or future surrounding uses - how can this be met if it is unknown what will be developed in the surrounding area in the future? Ms. Readier stated that there is a reasonableness standard imposed on the Commission whenever it is reviewing these criteria. It would include future development already in the "pipeline" or set forth in the Community Plan. Mr. McCash asked how the Commission would address item 9, relating to the proposed use not being detrimental to property values in the immediate vicinity. How can this be determined? Ms. Readier responded that in any sort of administrative proceeding, such as a conditional use, the Commission could not rely on mere opinion. A substantiated opinion would be needed to determine such a detrimental impact on property values. Mr. Keenan noted that this provision would seem to require extensive appraisal work. It would be subject to wide interpretation, based upon one's perspective. Ms. Salay asked for some examples of this? Suppose Planning Commission is considering a conditional use and some neighbors testify that the conditional use approval will lower their property values. How would they or the City demonstrate the standard this is based upon? Ms. Readier stated that an appraisal would be the most objective method. Testimony from an experienced broker or realtor in Dublin would be another option. ~ Ms. Salay asked if the testimony provided by a person on behalf of the opposition could be used as the basis for denying a conditional use by Planning Commission or Council. Ms. Readier responded affirmatively, noting that this is really speculation on the type of objective opinions that would constitute "expert opinion" in the view of a court. Mr. McCash stated that perhaps a better approach may be to eliminate conditional uses altogether and require applicants who want something that doesn't fit in the district and who have special circumstances or considerations to go through the rezoning process in a planned district. The text would have to be specifically written to address how the use deals with adjoining properties and the other items listed in this ordinance. Ms. Readier responded that this is obviously an option for Council and Planning Commission. Staff believes that the standards can be met and that conditional uses can still be granted under these criteria. BLit if Council desires to eliminate conditional uses, such legislation can be drafted. Ms. Salay stated that she understood that Council wanted more discretion in conditional use matters and that Council in fact requested the legislation. Ms. Chinnici-Zuercher agreed. Ms. Salay asked if the ordinance would apply to planned districts that have conditional uses already in their text? She is aware of an existing planned district with 8 or 10 uses identified in the text, and which indicates that all other uses would be "conditional uses." Would this ordinance apply to that? Ms. Readier responded that this ordinance provides the procedural framework for considering conditional uses. Therefore, if one were identified in the text of the planned district, it would follow this procedure - unless an application was not already filed under the old standard. Ms. Salay stated that even if a zoning were approved years previously, this ordinance would then apply. Ms. Readier agreed. Mr. Lecklider commented that it was his understanding that this legislation was brought forward because of a perception/belief that there were limitations on the Planning Commission in the denial if conditional uses, and that there was not adequate discretion. Given this amendment, is the Planning and Zoning Commission still vested with a certain RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK. INC. FORM NO. 10148 Held 20 amount of discretion? The amendment would not necessarily lead to disapproval of the application, but merely provides for more discretion. Ms. Readier stated that there is discretion. It is up to the Planning Commission to apply each separate criterion. ~ Mr. McCash noted that the applicant must, in essence, meet all criteria in order to secure approval. Mr. Lecklider added that this is still the Commission's discretion. Ms. Readier agreed. Vote on the Ordinance: Mr. Reiner, yes; Mrs. Boring, yes; Mr. Keenan, yes; Ms. Salay, yes; Mr. Lecklider, yes; Mr. McCash, no; Mayor Chinnici-Zuercher, yes. INTRODUCTION/FIRST READING - ORDINANCES TRAFFIC CODE AMENDMENT Ordinance 03-04 Amending the Dublin Code Sections Relating to License Suspension and Cancellation and Related Provisions, and Declaring an Emergency. Mr. Reiner introduced the ordinance. Ms. Brautigam stated that American Legal Publishing Company inadvertently omitted some provisions regarding these sections of the state code. Staff is requesting emergency action in order to address this. Mr. Keenan moved to dispense with the public hearing and treat this as emergency legislation. Mr. Lecklider seconded the motion. Vote on the motion: Mr. Reiner, yes; Mr. Keenan, yes; Mrs. Boring, yes; Mayor Chinnici- Zuercher, yes; Ms. Salay, yes; Mr. McCash, yes; Mr. Lecklider, yes. ~ Vote on the Ordinance: Ms. Salay, yes; Mr. Lecklider, yes; Mr. Reiner, yes; Mr. Keenan, yes; Mrs. Boring, yes; Mr. McCash, yes; Mayor Chinnici-Zuercher, yes. BOARD/COMMISSION RESTRUCTURING Ordinance 04-04 Amending Sections 32.60 through 32.65 and Repealing Sections 32.50 through 32.55 of the Codified Ordinances of the City of Dublin, Combining the Duties and Functions of the Natural Resources Advisory Commission and the Community Services Advisory Commission into a Newly Configured Community Services Advisory Commission. Mr. McCash introduced the ordinance. Ms. Crandall stated that this ordinance combines the functions and duties of the Community Services and Natural Resources Advisory Commissions. She noted that the Commission members' had two requests: that the duties and functions of each be retained and that efforts be made to accommodate all members who desire to serve on the newly reconfigured Commission. After research, it has been determined that there are seven members who have a strong desire to serve on the new Commission and seven positions will be available. Dr. Stoycheff did express interest in serving, but he has served two consecutive terms on the Commission and is not eligible. Staff is recommending approval of the ordinance. Mr. McCash asked if staggering of terms would be provided in the ordinance at the outset. Ms. Crandall stated that this would be done in the appointing resolution. The existing - Code language allows for staggered terms for CSAC. Mrs. Boring noted that she is concerned that the Natural Resources Advisory Commission was previously a very active group. To what does staff attribute the change in participation to - composition or a lack of assignments? She is concerned with this reduction in opportunities for citizens to serve. Ms. Crandall stated that NRAC had one very active member who left the Commission, and more recently there has been a lack of assignments from Council. NRAC felt that information was brought to them by staff, but they didn't have an active role in the work. Mrs. Boring stated that she is concerned with some of the members' "willingness to step down" - were they really ready to leave? Ms. Crandall stated that those members had served a substantial amount of time on the Commissions, some traveled extensively and could not attend meetings. They did not feel coerced into making the statement. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK. INC., FORM NO.1 0148 Held 20 Mrs. Boring stated that the existing subsections Band C of Section 32.61 are not included in the amendments. Ms. Brautigam agreed that these subsections do need to be added back into the I'"""'"' ordinance. Mrs. Boring noted that in subsection F, some of the language from the existing Code Sections regarding NRAC has been lost - namely, the conduct and delivery of services and operations related to the natural environment, trees and landscaping. This can be addressed by adding the language in Subsection B or in F, but it should not be lost. Mayor Chinnici-Zuercher asked that Ms. Crandall obtain these written notes from Mrs. Boring for inclusion in the ordinance at the next reading. Mayor Chinnici-Zuercher emphasized that Council is dependent upon staff to forward to Council issues that would make sense for referral to Commissions. She encouraged staff to bring forth to Council items being considered that would be appropriate for citizens to research and provide input on. Council can then assign these items to Commissions. Commission members should recognize that part of their work is actually an education process and the other part is research and recommendation to Council regarding particular assignments. Mr. Reiner asked about the status of the assignment regarding topsoil management. Has the issue been reviewed by the Commission? Ms. Crandall stated that the issue has been discussed at the staff level, and staff believes it should be carried over to the new Community Services Advisory Commission. Staff wants to bring in expert speakers on the topic and provide an opportunity for public input. ~ Currently, CSAC is working on revisions to the traffic calming policy. Ms. Salay asked about the location of Commission meetings. Ms. Crandall responded that, currently, they meet at the Service Center. Due to the Council Chambers renovation schedule, they were not moved back to City Hall. Ms. Salay stated that when they do move back to City Hall, the CSAC members could then be seated at the dais. Ms. Crandall stated that staff prefers to have workshop settings for the Commission, but if a large group of citizens attends a particular meeting, the Commission members could be seated at the dais. Ms. Salay stated that she attended a meeting at the Service Center, but the setting did not facilitate a public meeting. There were no microphones, the public could not hear the dialogue among the Commission members, and public testimony was very hard to hear. She looks forward to having these meetings returned to the Council Chambers setting. Ms. Crandall stated that the meetings would be relocated soon. Mr. Lecklider noted that he, too, shares concern .about reducing opportunities for public involvement. Is there a desire to enlarge the new Commission beyond seven members? Mrs. Boring stated that this is a consideration, but she would also be interested in receiving the attendance records for the members. Mayor Chinnici-Zuercher stated that she has found that in smaller groups, members tend to believe their attendance makes more of a difference as it is perceived that their input is - more valued. As there has been an attendance problem, it may be preferable to begin with seven members and re-evaluate the attendance after the first year. The Commission itself may be able to make a determination, based on their agendas, whether more members would be desirable. Mrs. Boring pointed out that the Commission has the ability in the ordinance to recommend to Council the establishment of a Task Force for larger assignments. There will be a second reading/public hearing on February 2. APPROPRIA TIONS Ordinance 05-04 Amending the Annual Appropriations Ordinance for Fiscal Year Ending December 31, 2004. (Request to dispense with public hearing) Mr. Lecklider introduced the ordinance. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC" FORM NO. 10148 Held 20 Ms. Grigsby stated that this is a process done annually, generally at the second January meeting, to appropriate unencumbered fund balances in the capital projects funds, to close out projects for various projects and"to appropriate service payments that the City will receive in 2004 for the debt service obligations that will mature in 2004. Mayor Chinnici-Zuercher asked about Section 13, the second outdoor pool funding. Will the funding of the pool be 1 00 percent completed? Ms. Grigsby responded that based upon current estimates, all of the funds may not be needed and would be available for transfer to payoff any future debt that would come due in 2004 and 2005 for the project. Ms. Salay moved to dispense with the public hearing. Mr. Lecklider seconded the motion. Vote on the motion: Mrs. Boring, yes; Mr. Keenan, yes; Mr. Reiner, yes; Ms. Salay, yes; Mayor Chinnici-Zuercher, yes; Mr. Lecklider, yes; Mr. McCash, yes. Vote on the Ordinance: Mr. McCash, yes; Mr. Keenan, yes; Mr. Lecklider, yes; Mayor Chinnici-Zuercher, yes; Ms. Salay, yes; Mr. Reiner, yes; Mrs. Boring, yes. INTRODUCTION/PUBLIC HEARING - RESOLUTIONS AGREEMENT Resolution 03-04 Authorizing the City Manager to Enter into a Non-Disturbance Agreement with New Par, a Delaware Partnership dba Verizon Wireless. Mr. Reiner introduced the resolution. Ms. Brautigam stated that this involves a collocation on an existing structure. Mr. Keenan asked if the City owns the tower. Mr. McDaniel stated that these transmission towers are owned by AEP, and staff has ~ been working with New Par for nine months to find an appropriate site. New Par actually initiated the discussion with the property owner before bringing it back to the City. Vote on the Resolution: Mr. Lecklider, yes; Mrs. Boring, yes; Ms. Salay, yes; Mr. Reiner, yes; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes; Mr. McCash, yes. OTHER . Economic Impact of Dublin Irish Festival Ms. Puskarcik presented this study conducted by the International Festivals & Events Association (IFEA) regarding the Dublin Irish Festival. Saperstein Associates collected 476 surveys during the festival in 2003 to assess spending habits, demographics and general information. General Festival Review 1. Each year, the Steering and Planning Committee members work with staff on goals for the festival which cOmplement the efforts and vision of the City overall. 2. Goals include controlling growth, not changing the footprint, but adding elements. The focus is on diversifying entertainment, preserving cultural integrity, increasing the number of overnight stays in Dublin hotels, increasing revenue and increasing attendance. 3. Dublin room nights reflected a 30 percent increase over 2002, resulting in $73,045 in room revenue, according to the DCVB. 4. Record-breaking attendance was experienced in 2003 with 75,000 attendees. 5. For expenses, there has been a 66 percent increase since 1998. Much of this r- increase relates to taking over the purchase and sale of beverages. This area was previously operated by the Dublin Irish Celebration. 6. Revenue continues to increase, with an 80 percent increase from 1998 - 2003. Much of this relates to the beverage sale revenues. 7. Top revenue sources are beverage sales, ticket sales, sponsorship, marketplace vendors and food vendors. 8. In 2003, the City enjoyed an 87 percent cost recovery. This number does not include staff time. 9. Sponsorship continues to increase in areas of cash, in-kind support and media sponsorships. Several different media groups work with the City on the festival, and have found a niche for their audience. 10. In 2003, the sponsor level increased and most have now signed on for 2004. Wendy's increased their sponsorship by 25 percent, and a new sponsor in 2003 was Bob Evans. Community Impact RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK.INC.. FORM NO. 10148 Held 20 1. The Festival provides leadership opportunities through the Steering Committee. 2. Council has an opportunity to showcase the community to the world through Dublin's signature event. 3. Provides an opportunity for the City divisions to come together and work on a - project. 4. The selection of the honorary chair brings community involvement. This was initiated at the 10th anniversary as a way to build future financial support for the festival. It has now become a "family" affair for the honorary chairs. Past honorary chairs include Dave D'Antoni, Don Hunter, Ron Geese, Mike Kelty, Terry Tindall, Terry O'Connell and Denny Lynch. They all remain quite involved with the festival. Mayor Chinnici-Zuercher asked when the honorary chair would be announced for 2004. Ms. Puskarcik stated that this person is selected by the City Manager and the previous honorary chairs. They hope to announce the honorary chair this weekend. 5. Over 1,600 volunteers donated 12,000 hours of service and they are recognized at the "Best of the Fest" celebration. 6. Community groups have the opportunity for fundraising at the festival, and in 2003, the DIF provided $36,800 to 16 groups who worked at the festival. Since 1999, more than $140,000 has been earned by community groups at the festival. 7. The festival has received recognition throughout the state and internationally. In 2003, it was named "Best Festival" by Ohio Magazine. Through IFEA, they received three awards: a gold for best sponsor solicitation package, a silver for the 2002 annual report, and a bronze for the DIF web site. She summarized that the economic impact study has determined that the total financial impact for Central Ohio is $4,054,253. She described the methodology used in the study. ,....-.. 1. A random sample of 476 surveys was done as people entered the festival. The results have a 95 percent confidence level. The respondent categories were local - within a 50-mile radius - or visitor. 2. The off-site spending was estimated at $1.2 million, a 59 percent increase over 1999. Top categories include hotels, restaurants, gasoline, and non-festival entertainment. 3. On site spending was $1.5 million, but this did not include admission and the Wee Folk area. It did include food, arts and crafts and souvenirs. 4. In terms of demographics, over half of the attendees were from Central Ohio and 15 percent from the Dublin area. The top zip codes for attendees were 43017 and 43016 and accounted for 11,250 guests. 5. Attendees have high-income levels and spend a lot of money at the festival, based on feedback from vendors and ATM machine suppliers. 6. For education, 39 percent have a college degree. The typical festival attendee is female, age 36-50, married, a college graduate, holding a professional or technical job. This is an important aspect for sponsorships. Mayor Chinnici-Zuercher thanked her for the very thorough report. She asked for more information about efforts to control growth while at the same time improving the economic bottom line and the activities/experience of those attending the festival. Ms. Puskarcik responded that even without promotion, Dublin is in a growth area and growth will come. There is a need to provide basic services at the festival, and so expenses will rise for items such as water, restrbbms, etc. To accommodate the crowds ~ in the Wee Folk area, there will be some changes. However, the most important aspect of Dublin's festival is the flavor - the grounds, the setting, and the environment. They do not want this to become the largest festival or a state fair type event. Some suggestions - have been to begin the festival on Thursday evening, but staff has not explored this. There is a need to continue to provide new elements each year. Mayor Chinnici-Zuercher stated that Council would definitely want some discussion about increasing the number of days for the festival. The impact on the neighborhood in terms of crowds and noise is an important consideration. Ms. Puskarcik stated that the hours of the festival have been extended over the years, and there is little room to expand the hours of the three-day event. Mayor Chinnici-Zuercher asked about the groups scheduled to perform in 2004. ",.,.... F....<L"...,......~, .....:;ii..'W~'lnnJ:fi':tl'tiulWl:f nt:lmlfVf~.$!l'~i.'I!I"cllliil:: :.lih;':lt1,: ..~.:.;'..i!U,-;<i~T.:. .1 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC, FORM NO. 10148 Held 20 Ms. Puskarcik responded that an announcement was made on WCBE on Saturday, and the groups booked include the Saw Doctors, the Prodigals, Tempest, Kips Bay Reunion Band including John Whelan, and Gaelic Storm. New this year at the Rec Center theater will be a performance by a national harpist, an Irish Theater group and the film festival. ...- The theater is actually outside of the festival grounds and will not require admission to the I ! festival to attend these offerings. . PRAC Recommendation - Development of a Dog Park Mr. McDaniel stated that a report has been presented by staff on behalf of the Parks and Recreation Advisory Commission. In April of 2003, Mr. Reiner brought forward the concept of a "bark park." A charge was given to PRAC to investigate and research the concept, including other communities who have such parks and whether they are operated exclusively by government or other non-profit or for profit entities. The report addresses an assessment of the community interest, research of other communities, potential locations, minimum requirements to establish such a park, and what kinds of amenities are typical of these parks. They also discussed the health and safety issues, the costs, whether fees should be applied and other options, such as private businesses. Lastly, they discussed the priority of development of such a park. The motion approved by PRAC was that Council consider the development of a two-acre, minimally equipped dog park at the preferred location of Darree Fields (former Vowell property). Council should determine the management, access and control policies, should a park be developed. PRAC recommends that Council consider such a park as part of the overall prioritization of park development. Mr. Reiner noted that in some of the parks reviewed, the equipment costs were listed as $15,000. Is most of the cost in fencing? Mr. McDaniel stated that it relates to fencing as well as providing water for the site. ~ Ms. Salay stated that if cost factors are a consideration, perhaps the water for the site could be provided in the future when it comes available in the area. There are other ways to address having water on site. Mr. McCash added that the expense to take City water to the site is not necessary - a well would suffice. Mr. Hahn stated that his recollection is that the $150,000 for the park includes $75,000 for asphalt, as there is no parking in this location. The cost also includes such things as fencing and shade trees. The cost of water was assumed to be less than $10,000. Mr. Reiner asked if a more urban site was considered where people could walks dogs to the park versus driving to the park. Mr. Hahn responded that there were con~er~s expressed about locating such a park next to any existing housing developments. 'Several sites considered near developed residential areas were deemed as not desirable. Mrs. Boring asked about the Sycamore Ridge greenspace where there are sidewalks and a lot of traffic. The apartment dwellers would appreciate a park to walk dogs. Mr. Hahn responded that there are not currently any specific plans for that space, and the site is about 3.5 acres. The Darree Fields site was selected due to its remoteness. Mrs. Boring suggested that other areas be considered, if Council decides to pursue this ~ concept. Mr. Reiner added that he would hope that an area could be identified where development of a parking lot would not be necessary. Perhaps an existing park could have an area devoted to the dog park. He added that dog parks are not noisy - no more so than any active park. There are some large park areas in the City that could accommodate a dog park. Mayor Chinnici-Zuercher stated that she has concerns about spending City funds in this way. There are many major economic issues facing the City now and in the future - things like maintenance of landscaping, completion of bikepaths, water and sewer extensions, and maintenance of basic services. In good faith, she could not support the dog park concept at this time. It is important to ensure that the other kinds of services that are the primary responsibility of cities to provide are funded. Owners of animals- whether dogs, horses, etc. - recognize their responsibility to entertain that animal, and RECORD Of PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC., FORM NO. 10148 Held 20 government is not required to provide such a venue for a private owner. She could not consider this without seeing a more comprehensive financial picture of the City, not this particular project alone. r~ Ms. Salay commented that she has received calls from dog enthusiasts regarding their r belief that this type of amenity would be used heavily by those who do not own dogs. They indicated that they would attend such a dog park to allow their kids interaction with friendly dogs. It would be a well used park, based on the number of people who own dogs or who would enjoy attending such a park. Ms. Chinnici-Zuercher stated that her calls have indicated that people don't see this as an appropriate use of tax dollars. It is not an issue of utilization of the park, but rather utilization of tax dollars for this purpose. Mr. Reiner suggested a compromise. A dog park could be located on a smaller than two acre site, in a location that has existing parking. It is a good feature for a progressive city to have. He suggests identifying an existing park with parking, fencing off an area in that park for dogs, and reducing the budget to a manageable amount in order to provide the amenity. Ms. Salay stated that the City has expanded the parking lot at Darree - perhaps there is another location in the park that could house such a dog area. Mr. Hahn stated that staff could review the possibility of a one or two acre piece to segregate for this use. .r--, Mrs. Boring asked what staff is requesting of Council tonight. Mr. Hahn stated that staff's goal tonight was to report the recommendation from PRAC and receive Council's direction on how to proceed. Mrs. Boring suggested that perhaps the concept could be referred to the Public Services Committee for study. Mr. McDaniel stated that PRAC's desire was to receive Council's feedback on the concept. After hearing tonight's input, PRAC can further refine the concept - on a smaller tract with existing parking - and then it can be brought back to Council for review in the context of the priorities within the CIP. Staff is very neutral on the concept - it is Council's decision whether or not to pursue it. He added that there is a private dog park a short distance from Dublin and they have a large waiting list. Marsha Perry Rhodes. owner of Bark Park noted that it is a non-profit organization that raises money for animal welfare organizations. She owns 27 acres on Merchant Road, 10 acres of which are fenced where dogs can run unleashed. The facility includes a dog wash and conc~ssion stand. A dog park in Dublin is a necessity in view of the fencing restrictions in subdivisions, condominium and apartment areas. There are 6,000 dogs in the Dublin area, and dogs would utilize such a park daily. The park is not noisy, as dogs bark when they are bored, not when they are playing. Mr. Reiner agreed that Dublin is a community with strict fencing laws and there are no ....- contained areas for a dog to run or have controlled exercise. Ms. Perry Rhodes stated that there are some dog parks in the United States that are set up on City property through the formation of a 501 C..3 that raises money to fund the expenses of the park. It is a partnership between the City and the organization. Mayor Chinnici-Zuercher summarized that Mr. McDaniel should take this back to the Committee for continued evaluation of various models for financial support, and that it can then be evaluated in the CIP priorities. CITY MANAGER/STAFF REPORTS . Tara Hill Comprehensive Traffic Calming Task Force Mr. Hammersmith stated that staff has reported the results of the recruitment efforts for the members. Eight applications have been received to date. Staff is seeking Council's direction regarding the composition, recognizing that there are two neighborhoods - Indian Run Meadows and Earlington Village - that are not represented in the applications. I I RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK. INC.. FORM NO.1 0148 Held 20 Ms. Salay commented that her recollection is that at the conclusion of a recent executive session for personnel matters, the consensus of Council was to have staff send out postcards soliciting additional applications. She understood that this was to have been - communicated to staff. The recruitment process took place over the latter part of the year during the holiday period, and perhaps that explains the small response. Council's recommendation was to send out a small postcard reminding the residents of the target area that the task force was being created, and urging interested individuals to apply within a short turnaround time. Ms. Chinnici-Zuercher stated that her recollection was that postcards would be sent to the two areas without representation and that a 5-7 day turnaround would be requested for them to e-mail their letter of interest. Following discussion, the consensus of Council was to direct staff to send out postcards, targeting Indian Run Meadows, Earlington Village and Tara Hill Drive. The web site would also be used for this recruitment. Staff will make contact with those who have applied to inform them that the process has been delayed. . Muirfield Drive/Brand Road Modern Roundabout Utility Burial Costs and Recommendation for Right-Turn Bypasses Mr. Hammersmith stated that in follow-up to the requests for information at the study session in December, a memo has been provided from Kittleson that details their recommendation not to add right turn bypass lanes at this time. The estimated cost is $500,000. Staff is recommending utility burial at a cost of $300,000 for the reasons outlined in the staff report. ~ ! Mr. Keenan noted that the main issue with the right turn bypass is the fact that the i ! pedestrian traffic is impeded. .- Mr. Hammersmith stated that another concern is with the traffic operation side. Such a bypass would not be fully utilized for ten years; there are conflicts where the mergers occur; and there are more economical ways to provide additional capacity, such as a two- lane approach on Brand. Mr. Keenan asked if the utility burial is consistent with what has been done in other City projects. Mr. Hammersmith confirmed this. Mayor Chinnici-Zuercher noted that she is in agreement with the utility burial, and it appears to be within the cost originally allocated for the project. But while the right turn bypass is projected not to be needed for some significant time period, the City has often experienced larger volumes of traffic earlier than expected. This item should be reviewed on an annual basis and considered in the CIP hearings when conditions change. Mr. Hammersmith noted that there would be better clarity on this when the update of the Thoroughfare Plan is done. This update will begin in 2004. In the Kittleson report, Brand Road would have to be a four-lane roadway in order to fully utilize the right turn bypasses. In the Community Plan, Brand Road is planned to be a tWo-lane scenic collector. It was the consensus of Council to have the utility burial included in the project and not to include the right turn bypasses at this time. ......... . Private Fire Hydrants Mr. McDaniel stated that staff is presenting this in follow-up to discussion during the .........., operating budget workshops regarding private versus public fire hydrants. The report reiterates what was done in 2002 in the Code regarding private fire hydrants. Staff is recommending Option C as identified in the report. The issue is proper maintenance of private hydrants. Option C would have the City, in conjunction with the Fire Department, take a more aggressive stance in testing and inspecting private fire hydrants to ensure they are not frozen and are maintained and operable. Similar to a sprinkler system, the private hydrants would be subject to inspection. It would likely require further Code amendments. Ms. Salay asked if there would be fines for the citations, and whether they would cover the costs of such inspections. Mr. McDaniel stated that this would be a misdemeanor offense. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC" FORM NO. 10148 Held 20 Mr. Keenan stated that the City ordinance required that a maintenance log be kept. Has staff followed up and required that the logs be filed on an annual basis, perhaps with the Clerk's office? Mr. McDaniel stated that perhaps a mandatory filing could be required. That has not been required to date. Mr. McCash noted that part of the problem is that a retail or office establishment with a private hydrant may do the inspection and maintenance in conjunction with sprinkler system maintenance. The problems occur with private condominium developments or private streets. Mr. Keenan stated that they are still required to keep a maintenance log. There are companies that provide this service at a cost. Why is this required in the ordinance if it will not be enforced? This needs to be addressed. It also came up in the Tartan West rezoning discussion. Private hydrant services could do the inspections and file annual reports with the City. Mrs. Boring stated that she recently learned that the City of Columbus requires an inspection of the residential sprinkler system. Perhaps this could be set up in a similar way. Mr. Keenan added that commercial buildings are required to have this as part of their ongoing maintenance for insurance purposes. Mayor Chinnici-Zuercher asked if commercial businesses are included in the total of 425 private hydrants. Mr. McDaniel responded affirmatively. -. Mayor Chinnici-Zuercher stated that, presumably, the commercial businesses are performing inspections and maintenance on a regular basis. It is the condominium and residential private streets where the problems occur. Mr. McDaniel agreed that the residential areas and condominium areas are where most problems occur. Chief Woo. Washinqton Township Fire Department stated that commercial properties are not the concern, as these inspections are done. The largest problems occur with residential properties on private streets where the Fire Department has no reason to be on site. The Fire Department wants to have a definitive line between testing and maintenance for liability reasons. Up until last year, the Fire Department maintained about 125 of the private hydrants, and the remainder was taken care of by private contractors. Mr. Keenan stated that the sO,lution,is tqenforce what is already in place requiring maintenance. . Mr. McDaniel added that the other aspect that will help with enforcement is the permitting process - the requirement for a backflow device. Mayor Chinnici-Zuercher asked to whom the communication is directed regarding private hydrants - the condominium association, or private property owners on private streets? Mr. McDaniel stated that staff's contact has been with homeowners association. Chief Woo commented that when they find an inoperable private hydrant, they place an ~. orange bag on it and leave a letter. It is often difficult to identify the specific contact person. Mr. Keenan suggested that everyone on the street be notified of these situations. Hopefully, someone will then respond. Mrs. Boring suggested a system that tracks or monitors private hydrants, requiring submission of some type of inspection each year, similar to that used in the City of Columbus. They would be required to demonstrate that they have had the annual inspection done. She is not certain what costs will be incurred with this. Mr. McDaniel responded that staff would consider the process that Columbus has in place. Ms. Brautigam clarified that staff will consider the Columbus system for backflow device reporting, perhaps come up with a similar system for inspection and set up a yearly reporting mechanism. That may require an ordinance amendment, as the current law requires maintenance logs to be kept, but does not require submission of inspection forms. All of this will be undertaken in lieu of pursuing Option C in the memo regarding '" ..... r "c,w:!': ':"I':i'I:.,~:~H'n:;:!1I1Hj~1!"1fflltl!ft:t~~<,t!lI:r':llmt: l>m::Tjt',I' i'iiill'i!: :I:iT" ' I RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK. INC.. FORM NO. 10148 January 20, 2004 Held 20 City inspection. Staff will investigate and return with a recommendation and any necessary legislation. Mr. Reiner stated that in Columbus, typically retired plumbers check the backflow device .....- each year for a fee of $40-65. The law was set up in Columbus this way. Perhaps it could be set up for a firefighter or other qualified person to perform the inspection for a fee. The hydrants would then be tagged and dated and the inspection report filed with the City. Mr. McCash stated that he would like to minimize the amount of shifting of paperwork around the system before it is provided to the people who want to access the hydrants at the Fire Department. . Review of letter regarding the January 2004 Draft Hayden Run Corridor Plan Mayor Chinnici-Zuercher noted that some suggested revisions were made to the letter by Mr. McCash for Council's review. It was the consensus of Council to accept the revisions made by Mr. McCash and to direct staff to deliver the letters to Columbus City Council and Mayor Coleman tomorrow. . Discussion of Position Statement on Land Use and Growth for Legislative Subcommittee Mr. McCash stated that Brandol Harveyhas drafted a memo regarding possible topics to be addressed. He would like input from Council regarding the focus for Dublin before the Committee during this information gathering session. Possible topics are the working relationship between the City and Washington Township, issues of regionalism and cooperation among cities, concerns regarding utility and service impacts on Dublin, concerns regarding affordable housing issues both internal and external to Dublin, ~ regional planning, and issues relating to smart growth. The key principles of smart growth are high density and mixed uses, which are contrary to the desire for development in Dublin. He is testifying before the Committee on January 29. Mayor Chinnici-Zuercher suggested that the outline be shared with the other Council Members via e-mail, and that feedback can then be provided to Mr. McCash. The final draft of the testimony can then be shared with Council for review. Rep. Wolpert had a discussion with the City Manager on these issues and it is important to be responsive to this request. Mr. Keenan added that the City's excellent working relationship with the township is certainly important to share with this group. Mr. McCash noted that another consideration is that Dublin is a charter city and may have a different approach to land use and growth than statutory cities or townships. Mrs. Boring noted in regard to utilities, that true regional cooperation would include cooperating on water and sewer issues. COUNCIL COMMITTEE REPORTS/COUNCIL ROUNDTABLE Mrs. Borino noted that: 1. She has received notice of a training session regarding the legal aspects of condominium ownership in Ohio. She gave this to Ms. Brautigam for circulation to the Development and Legal staff. 2. Media training has been scheduled. She asked if Council Members are attending. ~ Mayor Chinnici-Zuercher noted that she has Mayor's Court that evening and cannot attend the daytime session. She would like to attend some portion of this training. She encouraged other Council Members to participate as well. Mr. McCash noted that staff has distributed a report tonight summarizing the Administrative Committee's review and recommendations regarding the Compensation Plan (Ordinance 01-04). Mr. Harding has provided a bullet point summary of the discussion. The Committee is recommending amendments to the ordinance and that the ordinance be scheduled for second reading/public hearing at the February 2 Council meeting. It was the consensus of Council to review the Administrative Committee recommendations and have discussion of Ordinance 01-04(Amended) at the February 2 Council meeting Ms. Salav commented: i ! RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK. INC.. FORM NO. 10148 January 20, 2004 Page 12 Held 20 1. In reviewing the Cemetery report, it appears that the cemetery is filling up. Council had previously had brief discussion on expanding the cemetery or whether the City should stay in the cemetery business. Council needs to make a decision on this in the near future. ~ 2. Upon reviewing the Police report, she noted that traffic citations for the last i i quarter of 2003 were included. She requested information on whether the citations have increased due to the operation of the traffic enforcement unit. Staff will provide this information. 3. She learned today of a Police training exercise staged recently at 11 p.m. to midnight near the Community Relations Building. There were a lot of cruisers, and concerned neighbors wondered if a crime had occurred. If these activities are scheduled close to neighborhoods, could the residents be notified by postcard in advance? Ms. Brautigam will check with Chief Epperson on this matter. 4. Last week, she happened to view Theater Supervisor Eric Kerchner on the local noon news introducing the name change of the Dublin theater. He did an outstanding job of representing the community. He highlighted some upcoming programs and provided information on the name change. Mayor Chinnici-Zuercher reminded Council of the Friday, January 23 goal setting session to be held at the Marriott on Blazer Parkway from 8 a.m. to 5 p.m. Mr. Reiner has indicated that he has been subpoenaed into court as a witness on Friday afternoon, but he will be present for the morning portion. If any other member has a conflict, please let her know as soon as possible. ADJOURNMENT TO EXECUTIVE SESSION Mayor Chinnici-Zuercher moved to adjourn to executive session at 9 p.m. for discussion of land acquisition matters, The meeting will be reconvened only to formally adjourn, Mr. Lecklider seconded the motion. Vote on the motion: Mrs. Boring, yes; Mr. McCash, yes; Ms. Chinnici-Zuercher, yes; Mr. .- Reiner, yes; Mr, Keenan, yes; Ms. Salay, yes; Mr. Lecklider, yes. The meeting was reconvened at 9:20 p.m. and formally adjourned. YIJ~[jJ~W-fA~j Mayor - Presiding Officer On//~~~~ Clerk of Council ,.......,