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HomeMy WebLinkAbout09/06/2005 RECORD OF PROCEEDINGS Minutes of Dublin City CounclL. ____n_____.___ M~~tjnR_- --"._--,.~-_.- ------------ ---,-- . --OAvTor,j LEGAL BLANK, INC., FORM NO. 10148 ~-------------~._- . IC----- --- -------------Sept~mbe;~2005 20 II Held Mayor Chinnici-Zuercher called the regular meeting of Dublin City Council to order at 6:30 p.m. on Tuesday, September 6, 2005 at the Dublin Municipal Building. ROLL CALL Present were: Mayor Chinnici-Zuercher, Vice Mayor Lecklider, Mrs. Boring, Mr. Keenan, Ms. Salay. Staff members present were: Ms. Brautigam, Ms. Grigsby, Mr. Smith, Chief Epperson, Mr. McDaniel, Mr. Hammersmith, Ms. Puskarcik, Ms. Ott, Ms. Crandall, Ms. Hoyle, Mr. Hahn, Mr. Harding, Ms. Keller-Wilt, Ms. Richison, Mr. Bird, Ms. Gilger, and Ms. Cox. Mayor Chinnici-Zuercher moved to adjourn to executive session for discussion of land acquisition and legal matters. Mr. Lecklider seconded the motion. Vote on the motion: Mr. Lecklider, yes; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes; Ms. Salay, yes; Mrs. Boring, yes. (Mr. McCash and Mr. Reiner joined the session in progress.) The meeting was reconvened at 7:15 p.m. PLEDGE OF ALLEGIANCE Mr. McDaniel, National Guard and two veterans present in the audience - James Spilela, retired USAF and Lee Hamby, retired US Navy led the Pledge of Allegiance. Mayor Chinnici-Zuercher wished Mr. McDaniel good luck as he embarks on military leave this week. APPROVAL OF MINUTES Mr. Keenan moved approval of the minutes of the meeting of August 15, 2005. Mr. Lecklider seconded the motion. ho Vote on the motion: Mayor Chinnici-Zuercher, yes; Mr. Reiner, yes; Mr. McCash, yes; Mrs. Boring, yes; Mr. Keenan, yes; Ms. Salay, yes; Mr. Lecklider, yes. CORRESPONDENCE The Clerk reported that no correspondence requiring action had been sent to Council. SPECIAL PRESENTATION Mike Rankin, Amber Alert, stated that he and Clark Donley of Sunny 95 spearheaded the establishment of an Amber Alert program in Central Ohio 4-1/2 years ago. Only a dozen communities in America had an Amber Alert program at that time. It is a public/private partnership involving the news media, which is activated upon the criminal abduction of a child aged 17 and younger. Last year in Ohio, 31 Ohio children were brought back alive because of Amber Alert. So far this year in Ohio, 17 have been returned and nationally, since the late 90's, Amber Alert has helped recover over 213 children. He shared a video presentation regarding the operations and impact of the program. This program is funded with donations - not with tax dollars. With the continued support of the citizens of Ohio, they hope to improve the program. Mayor Chinnici-Zuercher thanked Mr. Rankin for his initiative in establishing this program in Ohio and for the update. PROCLAMATION '"".- Mayor Chinnici-Zuercher presented a proclamation to Lucy Smith, Director of Community Relations, Dublin Counseling Center in recognition of National Alcohol and Drug Addiction .., Recovery Month - September 2005. The Dublin Counseling Center is funded in large part by the ADAMH Board and provides individual and group counseling for youth and adults. Ms. Smith thanked Council for this recognition. The Dublin Counseling Center is honored to be recognized as the leading resource in the community for those affected by alcohol and drug addiction dependence problems. They have ongoing individual and community programs that will take place this month. She urged citizens to contact the Center for information about these programs if they or someone they know are in need of the services. RECORD OF PROCEEDINGS Minutes of Dublin City CounciL__ ____ __1'l~~tinL DAYTON LEGAL BLANI<,-INC"FORM NO~l411____ .----- -- ._~------~~---_.---------_.- .----~---~._------~-- n_ September 6,2005 Page 2 Held 20 CITIZEN COMMENTS FOR ITEMS NOT ON THE AGENDA Georqe Schaffer. 5452 Desert Lane. Ponderosa Mobile Home Park noted that he and his wife, Florence have been retired for 20 years and married for 65 years. He is a World War II veteran concerned with the possibility of a rezoning which would affect his retirement home in Ponderosa. While he does not want to stop progress, he is a 14-year resident of the park and has invested time and his live savings in improving the property. At 87 years of age, the possibility of being uprooted is very troublesome. He has looked at various locations in the area for seniors in a similar mobile home park, but there are no other parks for seniors that meet the standards and provide the comforts of Ponderosa. They have worked hard to be able to retire in a comfortable place. The pending rezoning of the property would result in costs for them to relocate and a potential decrease in the value of their mobile home. They are not young people and this has caused them much anxiety. They have a limited income and cannot move, and they are certain that the surrounding land can be developed without any need to uproot 107 mobile homes. He is interested in seeing a fair resolution to this issue. Mariorie McLouqhlin, 6300 Cartwriqht Lane N. stated she lives in the Ponderosa Home Estates. They are a senior citizen community of people retired on fixed incomes. She is 76, and she moved to the park 9-1/2 years ago with her husband, Bernie, a veteran of WWII and the Korean War. They were attracted to Ponderosa because of its senior environment and because it was affordable, safe and a place where people took pride in their homes. Her husband died 2-1/2 years ago. She bikes and walks within the park and feels safe. No one in the park was ever informed by the owners that the park was for sale. This summer, one of the owners who lived by the park moved to a new home. That was the first clue. While they have heard many rumors, they have heard nothing from the owners. If the park sells, no one will purchase her home and she will lose it all, financially devastating her. She has no family living in the area. Senior citizens have to fight for everything. She has always paid her taxes and voted, but more and more feels like a second rate citizen. There are senior communities in Florida and Arizona and some in Ohio. Would it not be a good thing for Dublin and the Edwards Company to be recognized for doing the same for the residents of Ponderosa? She does not understand why out of over 900 acres, 30 acres cannot be included and remain part of the Dublin community. Council Members were elected to represent the citizens of Dublin. The Ponderosa residents are citizens and cannot fight the large developers and landowners. She urged Council to help them keep their homes. Their future is in their homes. Peqqy Evans. 6258 Cartwriqht Lane N. stated that she is a 15-year resident of Ponderosa and is semi-retired, working two jobs. She expected to enjoy her golden years at Ponderosa and has made many improvements to her home. She is now told that the land will be sold. Her family lives in Dublin and she has roots here. Her trailer is a single-wide, so it is impossible to find another park that will accept it. She is on social security and receives less than $1,000 per month. They are not asking for handouts, but for help from Council. The developer has power and money and is accustomed to getting what he wants. Ironically, she worked as a housekeeper for the Edwards family for over 7 years. The Ponderosa residents now need help from City Council to save their homes. A relative read the letter into the record, which was written by Marqaret Pack. 5480 Bonanza Lane. She is 85 years old and recently learned that she could be turned out of her home at Ponderosa Estates. She has lived at Ponderosa for 18 months, following the death of her husband - a veteran of WWII. She sold her home in West Virginia to pay for the home in Dublin, which is safe and well maintained. Two sons live nearby who provide assistance to her. It would be a great hardship to move, as she spent most of her funds from the sale of her home in West Virginia to purchase the Dublin home. The residents can't sell their homes now, due to the disclosure laws regarding the pending sale of the property. She cannot afford to lose what she has invested in her current home. She has a small amount of social security income each month and pays the rental fee out of that. Little remains after the rental fees are paid. She was just beginning to feel settled when this problem arose, causing her much anxiety and distress. They are at the mercy of City Council for their futures. She asked that Council consider the impact on this small community and to accommodate the elderly who had planned to live their lives out here by allowing a reserve on this small piece of ground within the planned Edwards development. RECORD OF PROCEEDINGS Minutes of -----" Dublin City Council -----...-------" Me~tiI1K ___ ,---------- ._--~-------- ---- ----OAYTONLEGALBU\NK.INC.. FORM NO. 10148 _ __ __________________ --------------------- 11-- -r------------------- - September 6,2005 Page 3 ii Held 20 Billie Morrison. 4977 Avery Road noted that he came tonight to learn about and understand the situation. He and his wife live in another trailer park community located on Avery Road which may eliminated in the future by a rezoning. He urged Council not to rezone the property, taking these people's homes. Carl Eckart, 6214 Hoss Lane stated that he is a 20-year resident of the Ponderosa Trailer Court. His parents owned the home before he did. Like everyone else, he loves the park and the community and does not want it to disappear. Paul Fox. 5492 Desert Lane stated that there are many fellow veterans in the group tonight. He asked them to stand. They represent residents of the Ponderosa Mobile Home Park - senior citizens, Dublin residents, veterans who protected the country, retired people with fixed incomes, good citizens who have worked hard. A folder of letters and bios of residents has been presented to Council tonight. The destruction of their homes would be devastating. The residents met with the representatives of the Edwards Company on August 25 in Council Chambers. At that time, it was stated that the City of Dublin does not want a trailer park in their long-range plans for the City. They are present tonight to ask that the City officials reconsider their position. The Ponderosa is not a trailer park, but a viable senior citizens community, offering its residents viable affordable housing. They hope the intent to eliminate the Ponderosa community was based upon a lack of knowledge of what comprises their community. It is a unique senior community in Central Ohio and the City should embrace and take pride in such a community within Dublin. It is a small area and could be left intact and fit into the development plan for the area. They welcome development in the surrounding area if they are part of it. He asks that Council resolve this in an expeditious manner, realizing that the residents are suffering greatly from stress and depression over the uncertainty of their future. Many residents are receiving counseling from the Central Ohio Area Council on Aging as a result of this situation. He implored Council to take the moral and ethical high ground and serve as a voice and champion of their cause. Joyce Waqner testified on behalf of her parents, Lucy and Donald Eckstein. 5478 Carson City Lane. Her parents have lived at Ponderosa for 25 years and like it there very much. They take pride in their home and keep it looking nice. Her father is 90 years old and is a retired Columbus firefighter after 27 years of service. He has devoted his life to protecting people and their property. She asked that Council now protect them from losing their home. He has a woodworking shop in the back of their home, which he enjoys very much. Her mother is 74 years old and is a housewife who also volunteers. They would like to live their lives out at Ponderosa. The stress of this situation has taken its toll on them. Her father suffered a heart attack on Saturday and was hospitalized for the first time in his life. Within the last month, his health has deteriorated quickly. Common sense indicates that this situation would playa part in a heart attack and could also cause the stomach sickness that he has recently experienced. She urged Council to be compassionate to these senior citizens and not force them to start over. They could be anyone's parents or grandparents. A relative testified on behalf of Joe and Lee Hamby. 5480 Carson City Lane. They have lived in the Ponderosa Park for 20 years and have supported the merchants, doctors and schools in the area. Now in their 80's, they are faced with the possibility of not having a place to live. They are community minded, as Lee is a WWII veteran, worked for the City of Hilliard and was a volunteer for the fire and police departments. They are on a limited income and have nowhere else to go and maintain their lifestyle. When one of them dies, the remaining one will have an income of only $700/month that leaves little income for food, drugs, clothing and other necessities. Rental elsewhere is not possible, as they cannot recoup their investment in their mobile home to have a down payment for another home. They have family living in the park as well, so the sale of the property will impact three family members. They are a proud and independent family. Losing their driving privileges was difficult, but nothing compared to the developer taking their home. They urged Council to do the right thing. They have worked hard for the country and for the community and don't want their home taken away. They asked that Council negotiate with the developer to find a way to keep this community together, even if it means relocating to another parcel in the area. They asked Council if they would allow this to happen to their own parents and grandparents. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC" FORM NO. 10148 September 6, 2005 Page 4 Held 20 John Francisco. 5501 Cosqray Road stated that he is the owner and developer of Hayden Heights Mobile Home Park, 1-1/2 miles west of Ponderosa, built in 1972. At the same time, a 40-year friend of his was building the Ponderosa Park - Mr. Dallas. Ponderosa Park is really an asset to Dublin and the area community. He does not know why Mr. Dallas annexed this park to Dublin, as he gained nothing - not water and sewer, extra fire protection, or Dublin schools. What he does have now is a zoning problem. He also has known Mr. Edwards since 1979. He has been in the mobile home business since 1957and has seen the evolution of manufactured housing over the years. There are 108 residents at Ponderosa and there is nowhere in the Columbus area that can accommodate their homes in the next six months. He has made two attempts to purchase this park for preservation purposes. He approached John D'Amico, a partner in the Ponderosa Park and learned that their intention was to sell the entire park for $10 million. He did offer them a good price of $5 million for 40 acres and the park. Later, he learned that Mr. Edwards had purchased the land on a contingent contract for $100,000 per acre. His purpose tonight is to help the residents of Ponderosa. He has only 5 or 6 spaces that are available to them at this time. Selling a mobile home would result in a big loss, as the purchaser would have to move it. If someone offered the residents $50,000 each, what could they possibly buy with that money in the northwest area? These residents require nothing from the city or the county - they even have their own water and sewer systems. He offered Mr. Edwards a fair price for the mobile home park. Mr. Edwards has the ability to do great things such as the Tuttle interchange and Tuttle Mall. He did approach Mr. Edwards about designing his planned development around the mobile home park. Mounding and pine trees could be used to buffer the park. He urged Council to give consideration to the fact that these people need somewhere to go. Dublin should offer building standards to accommodate people of all levels, including senior citizens. Clyde Clay, 6215 Hampton Place, Dublin stated that in November, he will move to 6618 Barronscourt Loop. A criteria for selection of his new home was its adjacency to Ponderosa where his best friend, Virgil lives on Hoss Lane. Virgil is a victim of cerebral palsy since birth. He regularly supports him with friendship and transportation. Virgil has had his mobile home modified to accommodate his physical needs. He has resided at Ponderosa for four years. Virgil is not here tonight as he is on the verge of a serious depression. He feels safe in his home at Ponderosa. Virgil never complains about his handicap, but instead is thankful for his same home in the park. Council should be aware that houses do not make the community - people do. Ponderosa is a wonderful community and well maintained. There is a way that they can co-exist within the future development in the area. Wallace Maurer, 7451 Dublin Road pointed out that the issue he signed in to speak on tonight of quality community is related to the issues brought before Council by the Ponderosa residents. Bernard Shaw, a mighty Irish playwright wrote a play entitled, "Back to Methuselah." Methuselah was a figure in the Old Testament who was depicted as the oldest living person at 969 years of age. Shaw's point was that human beings, for most of their lives play, not thinking seriously about accomplishing anything done until around 80 years of age. He said that humans have to figure out how to either live longer or develop more quickly. That is the only way in which humans will face the consequences of their lives, their stupidity, and their enterprises. There is no escaping. He spoke with the City Manager recently who said at one point that the Kindra firing discussion is dragging on and that it should be forgotten. That is exactly the problem: it should not be forgotten. It is important to rise to that challenge and to rise to the challenge of the people who have posed a problem to the City tonight. It is all related to what really constitutes the depth of quality, to what a community is supposed to be and what are its ends. He urged Council to use the sum total of human experience, insight and sensitivity in wrestling with these issues - both the Kindra firing and the residents of the Ponderosa Homes - as part of this quality community. Mayor Chinnici-Zuercher thanked everyone for attending tonight. Council values their attendance and their sharing concerns with Council. Since most have been engaged with the community for a long period of time, they are likely somewhat familiar with Dublin's process for development review. One of the hallmarks of the process is that Council requires the developer to seek input and work to engage everyone impacted with their development proposal. She is aware that Mr. Driscoll of the Edwards Company met with the Ponderosa residents, but there will be many more meetings required of them if they RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK. INC.. FORM NO 10148 September 6,2005 Page 5 Held 20 want to proceed with purchasing and rezoning the property. Staff is present and is hearing these concerns. She emphasized that staff is also required by Council policy to take into consideration the input of the impacted residents in making their zoning recommendations to the Planning Commission and Council. Many Council Members have visited the mobile home area recently to tour the community and observed the well-maintained and beautiful area where the residents take pride in their homes. She noted that the owner of the property - in this case, not the residents - does have the right to sell that property as he deems appropriate. The City must abide by the laws that govern that sale and the City has limited ability to affect that. What the City can do is ensure that these residents have the right to engagement in discussions with the developer, with City staff, with the Planning Commission and Council. As Mr. Maurer pointed out, the grassroots movement is important to the development of the community. She thanked the residents for their interest and participation. She invited Council Members to comment. Mr. Lecklider stated that Council has much empathy for the residents' situation and he echoes the comments the Mayor has made about the process. Many Council Members have parents and grandparents who served in the military as well. There is a need to identify a long-term solution - not a temporary one - so that the residents of Ponderosa don't have to live with this level of anxiety into the future. It is important to address this with due deliberation and fairness to all parties involved. The residents can be assured that the City will do so. Mrs. Boring noted that she would like clarification from Council Members about the meeting the residents held with Mr. Driscoll. Mr. Fox has testified tonight that Mr. Driscoll said to the residents that Dublin told him that they don't want trailer parks. There seems to be a disconnect, as the residents are now asking Council for a statement of their position because of what they have heard from Mr. Driscoll. She asked Council if this is the truth - that the Edwards Company has been directed not to have a trailer park, or will the process be allowed to proceed without direction to all parties on either side. Mr. McCash responded that no one on Council has ever given that direction about the mobile home park. He is insulted with any inference that Council would not want to have a mobile home park anywhere within the City of Dublin. He was not invited to the meetings with the residents and the developer and did not know that they were taking place. Mrs. Boring clarified that she is not inferring that anyone on Council gave this direction. Because Mr. Driscoll made this comment to the residents of Ponderosa, she is trying to determine exactly what direction was given to him by the City and by whom. Mayor Chinnici-Zuercher recalls that Mr. Edwards made a concept presentation to Council in June and the mobile home park question was not discussed by Council at that meeting. Mr. Driscoll did not receive direction from Council on this matter. An audience member commented that the mobile park was not a part of the Edwards plan. Mayor Chinnici-Zuercher noted that is correct, but this was not because of any direction provided to the developer by Council. It was a concept presentation only. Mr. Keenan added that the Edwards Company has the right to present a proposal to Council - it was a conceptual plan and was not based upon input from Councilor staff. Mrs. Boring noted that she is relieved to hear that the Council has not given this direction. The Mayor and Vice Mayor have summarized the process very well. It may take a long time, but is necessary in order to be fair to all parties. She assured the residents that they would have a voice in the process as it continues. Mr. McCash noted he was disappointed in the way the question was posed by a Council Member alluding to direction being given to Mr. Driscoll. He noted that personally, he was on vacation and not present at the June study session when the Edwards plan was presented to Council. Everyone on Council has spoken to Mr. Edwards regarding his big picture concept for the southwest. Whether or not he personally agrees with all of it is yet to be decided - he has not seen enough of the information. He was disappointed to learn that a meeting took place with the residents on August 25 at the City and that he was not made aware of that. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC., FORM NO 10148 September 6,2005 Page 6 Held 20 Ms. Brautigam explained that the Ponderosa residents wanted to meet with Mr. Driscoll and staff offered the Council Chambers as a meeting space. This was not a meeting of City Council, but a meeting of the residents and Mr. Driscoll. Mr. McCash noted that he understands that some Council Members were present at that meeting and it is unfortunate that all were not aware of it taking place. Much discussion is occurring among Council Members and Ponderosa residents. He knows for a fact that Ward representative Salay, Mr. Lecklider, himself and other members of Council - present and former - have worked very hard to ensure a quality of life for southwest Dublin. Council will continue to do so. He is proud to have them as residents of Dublin and would expect that they will always stay residents of Dublin. He is disappointed to hear that the annexation of this area to Dublin brought only problems with zoning. Part of the problem with providing affordable housing in Dublin is some of the zoning regulations. It is difficult for young families or seniors to find affordable housing in Dublin. Council needs to address this, but instead, more restrictions continue to be added which drive up the cost of housing in Dublin. The Ponderosa residents are Dublin residents but are not property owners. Council cannot control what happens with a private contract of sale. There is much that can happen during the development process. He is not familiar with what the Edwards plan proposes, but he will review it. He understands the stress resulting from the uncertainty of the ownership of the property. Mr. Reiner noted that he had the opportunity to visit the Ponderosa Park and observed that it is a wonderful community. The points made tonight are well taken. Defending one's home and property is a noble endeavor and something that government should support. He, too, is a veteran and is hopeful that a good resolution can be obtained. It will be based upon the land deal being worked out among the developers, the Planning Commission action and Council's. He is worried about the message to the children if seniors lose their homes after they have cared for their children all of their lives. Dublin has always looked for a good senior project and this is an existing one, which is exemplary, impeccable and well taken care of by the residents. Council does not have a direct tie to or control over the land sale. He is hopeful that the developers will be sympathetic to their cause and he wishes them the best. Ms. Salay stated that she has met with the residents three times during the past two weeks - twice with a small board and once last Thursday evening at their picnic. This is a true community and the residents are proud to live there. The residents are concerned and need information, clarity and resolution to this issue. She also met with Pete Edwards and Steve Haddon of the Edwards Company and indicated that it is not acceptable for the residents of this community to lose their homes. Mr. Edwards agreed, stating it was not his desire to make anyone homeless. He wants to work with the neighborhood, staff and Council to assure a positive outcome and a viable community for these senior citizens well into the future. She is not certain what shape that resolution will take. She knows Mr. Edwards is open to suggestions. In view of the Council and Planning Commission's discussion about the Community Plan and the need/desire for affordable housing for seniors and for young families, this seems to be the perfect time for the discussion. It is unfortunate that people would use this situation for their own political gain, but she recognizes this is election time. She has been a fierce advocate for residents of Ward 2 and the community during her four years on Council. She will continue to advocate for residents and asked if there are Council Members and staff willing to join in a committee to work with this neighborhood, developer and staff to come up with a resolution. Mrs. Boring and Mr. McCash offered to volunteer for this committee. Ms. Salay stated that she was asked by the Ponderosa board to propose this committee to Council so that information could be shared and a comfort level provided for these residents. Mr. Keenan echoed all of the comments made by Council tonight. He has lived in this area his entire life, served on the Washington Township Board of Trustees for over 20 years, and knows many of the Ponderosa residents. This is an exemplary neighborhood well cared for by the residents. Private property owners do have rights that the City cannot infringe upon, in terms of impacting the purchase or sale of private property. Council does have the ability to impact the zoning, and he will be a strong advocate in how that planning is done and carried out. Mr. Edwards had many ideas in the concepts shared with Council in June, but none have been endorsed by staff or Council at this point. He assured the RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BlANK. INC.. FORM NO 10148 September 6, 2005 Page 7 Held 20 residents that their comments have been heard tonight and that they will have a strong voice in the process as it unfolds. He thanked all for attending. Mayor Chinnici-Zuercher commented about the next steps in the process. The Ponderosa Board will need to designate 2 or 3 to serve on a committee, which will include Council reps, staff, Pete Edwards, legal staff and other appropriate participants. She reiterated that Mr. Edwards has not filed a development plan for this property. He did present a preliminary concept plan to Council at a June study session for a large tract of land in the southwest, which included the Ponderosa land. There was no specific dialogue between Council and the developer about the specific components of the plan. She thanked all of the residents for sharing their comments with Council tonight. The residents will be notified by staff of the committee meeting date. Brief discussion from the audience followed about the process and Council reaffirmed that the developer has not formally filed a development plan with the City. Council encouraged the residents and their representatives to remain involved in this process. Evanqeline Barron. Tayside Circle. Dublin asked about required notification of the adjacent property owners of any proposed development plan. She heard of this development via a flier placed upon her door. Her community across the street will be impacted by the plans. Mayor Chinnici-Zuercher responded that notification of adjacent property owners cannot take place until a formal application has been filed with the City. At that time, formal notice is sent of the hearing before Planning & Zoning Commission. The Commission requires the developer to report of the meetings that have taken place with the affected residents of the area during the rezoning process. Ruth Ann Stafford, Hilliard Schools employee stated that she has resided at Ponderosa for five years and spent $65,000 out of her 401 K savings for her home. She has nowhere to go. Has Mr. Edwards submitted a plan to City Council? In the plan she viewed, her home becomes a pond. Mayor Chinnici-Zuercher responded that in June, Mr. Edwards presented a concept at a Council study session for 900 plus acres of land in the southwest. He has not formally filed a plan with the City. Whatever she has viewed was a concept or iteration of the concept Council viewed in June. Ms. Stafford made positive comments about the Ponderosa community and expressed sympathy for the plight of the elderly residents. (At this time, Council recessed for a brief period.) SECOND READING/PUBLIC HEARING - ORDINANCES CAPITAL IMPROVEMENTS PROGRAM Ordinance 34-05 Adopting the 2006-2010 Five-Year Capital Improvements Program. Ms. Brautigam stated that the packet contains a follow-up report on the issues raised at the CIP hearings. Mayor Chinnici-Zuercher noted that she spoke with Mr. Hahn about the fact that there were no monies allocated in the CIP in the near future for accessible playgrounds. Ms. Ott's memo indicated that the Miracle League would be responsible for raising 100 percent of the funds for the accessible playground at Darree Fields. She is disappointed that the City is not partnering financially on this. She noted that the accessible park planned for the east side has been pushed back to 2009. There have been requests from citizens about the availability of accessible parks in Dublin. If monies are not to be allocated by the City, perhaps the City should be seeking grant monies. Due to Hurricane Katrina, however, many charitable donations will likely be directed toward that cause. She hopes that the City will take more of an active role in the provision of the accessible park versus leaving the fundraising to a private non-profit group. Ms. Salay asked if the City could participate in fundraising such as this. Mr. Smith responded affirmatively, especially in terms of securing grants. The City is not a fundraising agency, but Council can direct staff to facilitate fundraising for a park on the public land. Ms. Salay asked about the status of fundraising by the Miracle League for the accessible playground. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC.. FORM NO 10148 September 6, 2005 Page 8 Held 20 Mayor Chinnici-Zuercher responded that she was not aware until she read Ms. Ott's memo that the organization would be responsible for raising 100 percent of the monies. Ms. Brautigam added that staff wanted to make Council aware of this. She had been under a different impression as well, and wanted to clarify this. Mr. McCash asked about the estimated costs of developing this accessible playground. Mr. Hahn responded that it is approximately $250,000. Mr. McCash stated that there is a redesign of the skate park included in the CIP for $100,000. He believes that putting this money toward the accessible playground would be preferable versus the skate park redesign. Ms. Salay would support redirecting those monies to an accessible playground and deferring the skate park redesign. Mr. Lecklider asked for clarification of the goal of the $100,000 skate park redesign. Mr. Hahn responded that it provides for redesign of the westernmost portion of the skate park, as one box does not flow well. Mr. Reiner asked if it is a safety issue. Mr. Hahn responded that it is not safety related, just an enhancement. Mrs. Boring asked why the northeast quad accessible park was delayed. Mr. Hahn recalls that the funds may have directed toward land acquisition, but he is not certain of that. The skate park redesign can be deferred, if Council desires, and any necessary repairs can be done out of the operating budget. Mr. McCash confirmed that there is $10,000 allocated in 2006 and $90,000 in 2007 and this could be reallocated toward the accessible park. Mayor Chinnici-Zuercher asked if Council would support this adjustment. All agreed. Ms. Grigsby stated that if Council's desire is to move all of this to 2006 for the accessible playground funding, staff would bring this to Council as part of the 2006 operating budget. This was acceptable to Council. Mayor Chinnici-Zuercher stated that she understands that the commitment of the Miracle League was to have the accessible playground available for the season next year. Mr. Hahn stated that the play area has a design, but not construction documents. Staff does not know what, if any fundraising dollars have been specifically earmarked for the playground versus the Miracle League Field. Duke will not be involved in the accessible playground project, but some of the original participants in the Miracle League venture will participate. Mr. Keenan suggested that it would be beneficial if the City agreed to match whatever funds are raised privately. That may encourage community support. I Ms. Grigsby stated that staff wills follow-up about what funds the Miracle League has I raised toward the accessible playground. This information will be provided as part of the operating budget process, recognizing Council's desire to have funds directed to that project in 2006. Mayor Chinnici-Zuercher asked if there are further comments about the CIP budget. Mr. Keenan commented that he sent an August 29 Newsweek magazine article about tasers to Council and the City Manager late today. An Illinois town claims that the company manufacturing tasers misrepresented the safety of its product and they have filed a class action suit to recover the cost of the devices. He would like more information about this before voting upon the purchase of tasers. Chief Epperson stated that he has not seen the article Mr. Keenan refers to, but he is aware of a community in the Chicago area where a medical examiner made an initial determination that a death of a subject occurred after being tasered. There were issues surrounding the use of the tasers in this instance. He is not aware of other recent problems. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK. INC" FORM NO 10148 September 6, 2005 Page 9 Held 20 Mr. Keenan stated that a class action suit would seem to indicate that this was not an isolated incident. He would not want to spend this money without knowing more about this incident. Chief Epperson responded that it is somewhat similar to the initial use of chemical agents now commonly used. There was similar reaction in the community when they were used, and there are still claims that mace and pepper spray cause death. In almost every case, they point out that it was not the use of the chemical agent responsible for the death. Similarly, with tasers where serious injury or death has occurred, they are finding that some other condition caused the injury or death. Mr. Keenan stated that the article indicates that there are at least 20 lawsuits claiming wrongful death or injury. There are other alarming statistics in the article. In addition, the stock of the manufacturing company has dropped dramatically since December. These are important things to consider. Chief Epperson stated that the Chicago area case also involved serious lack of training and an older device. The newer technology is greatly improved. Staff would follow strict protocol about its use. He can provide more information to Council. Mrs. Boring added that she, too, is interested in more information about tasers. Why does a community such as Dublin require this kind of weapon? Chief Epperson stated that it provides for another alternative for a less than lethal weapon. Every agency they have researched has found that injuries to both officers and suspects decreased with the use of lasers. Mrs. Boring commented that she was disheartened to see that the Veterans' monument was postponed in the CIP. She asked for additional information. Ms. Grigsby responded that the discussion at the CIP meetings was that due to the need for a coordinated effort involving all of the interested parties on site selection and planning of an appropriate monument, this project will likely not be constructed until 2007. For that reason, it was not programmed in 2006. Mr. Keenan asked if the Dublin Arts Council would be involved in this. Ms. Brautigam responded that they are likely one of the stakeholders that would be involved. Mayor Chinnici-Zuercher summarized that there has been one proposed revision to the document, based on Council's discussion. Ms. Grigsby clarified that staff has been directed to evaluate and review the skate park design as part of the operating budget, understanding that Council's desire is to redirect these monies for the accessible playground. Vote on the Ordinance: Mr. Reiner, yes; Mr. Keenan, yes; Mrs. Boring, yes; Mayor Chinnici-Zuercher, yes; Ms. Salay, yes; Mr. McCash, yes; Mr. Lecklider, yes. TAX INCREMENT FINANCING AGREEMENT Ordinance 44-05 Declaring Improvements to Certain Real Property to be Developed as the Shoppes at River Ridge to be a Public Purpose, Describing the Public Infrastructure Improvements to be Made to Benefit that Parcel, Requiring the Owner Thereof to Make Service Payments in Lieu of Taxes, Providing for the Franklin County Treasurer to Distribute Service Payments to the Dublin City School District in the Amount it Would Otherwise Receive Absent the Exemption, Creating a Municipal Public Improvement Tax Increment Equivalent Fund for the Deposit of the Balance of Such Service Payments, and Authorizing the Execution of a Tax Increment Financing Agreement. Ms. Brautigam stated that, based upon the questions raised by Council at the first reading, staff investigated the status of the project and learned that the property owner and developer is not ready to move forward. Staff is therefore recommending that this be tabled until such time as they are ready to move proceed. Mr. Reiner moved to table the ordinance. Ms. Salay seconded the motion. Vote on the motion: Ms. Salay, yes; Mr. Lecklider, yes; Mr. Reiner, yes; Mayor Chinnici- Zuercher, yes; Mr. McCash, yes; Mrs. Boring, yes; Mr. Keenan, yes. RECORD OF PROCEEDINGS -- Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC., FORM NO. 10148 September 6, 2005 Page 10 Held 20 TAX INCREMENT FINANCING AGREEMENT Ordinance 45-05 Declaring Improvements to Certain Real Property to be Developed as Kroger Centre to be a Public Purpose, Describing the Public Infrastructure Improvements to be Made to Benefit the Parcels of Such Development, Requiring the Owner Thereof to Make Service Payments in Lieu of Taxes, Providing for the Franklin County Treasurer to Distribute Service Payments to the Dublin City School District in the Amount it Would Otherwise Receive Absent the Exemption, Creating a Municipal Public Improvement Tax Increment Equivalent Fund for the Deposit of the Balance of Such Service Payments, and Authorizing the Execution of a Tax Increment Financing Agreement. Ms. Brautigam stated that a report was provided to Council regarding the information requested at the last meeting. Mayor Chinnici-Zuercher stated that the report was very thorough. It would be beneficial to provide such a report in the future regarding each tax increment financing agreement that is proposed. Mr. Keenan stated that the largest stakeholder in terms of tax revenue impact is the township fire department. The graphic illustration makes this easier to understand. Mrs. Boring asked if it is possible to have a TIF without impacting the township fire department? Ms. Grigsby responded that this is an option, but there have been questions raised previously about the impact on the joint vocational school. At some point, the value of the TIF would be eliminated from the perspective of doing public infrastructure improvements. Mr. Keenan stated that the township has been very aware of this, but understands that once the City is reimbursed, the tax revenues from economic development benefit all of the stakeholders. Ms. Grigsby added that there are both short-term benefits of securing the construction of private improvements and long-term benefits as well. Mr. McCash asked about the projected payback period for this TIF. Ms. Grigsby responded that because this TIF involves the continued extension of Emerald Parkway, it is difficult to determine the actual payback timeframe. Some of the other TIF districts, such as McKitrick identify Emerald Parkway as a public improvement. At this time, staff does not have an exact timeframe for this TIF. As development does occur in the gap along 1-270, staff anticipates that those parcels would also be included in a TIF. This could be a relatively short timeframe or could extend to 30 years. Mr. McCash asked if it fair to state that the higher the income tax generated from a project, the more quickly the payback takes place. Office development would generate higher income tax revenues, which could payoff capital improvements more quickly. Ms. Grigsby stated that this is a potential, but the income tax revenues also fund the continued growth and operations of the City, as well as enabling the City to do additional infrastructure improvements in the CIP. Those additional income tax dollars can be directed to these projects. What has been done in the past is that these dollars are used to fund additional projects that are not currently in the five-year CIP. Mr. McCash that the Kroger Centre project will generate a small amount of income tax and impacts entities such as Children's Services at $26,000 and MRDD at $35,000. In November, another bond levy is being requested of the residents. There is an impact on these agencies long-term. Ms. Grigsby responded that the TIF also allows the City to do public infrastructure projects that open up other land for development and increase value on other land in the City. The important part of this TIF is not the amount of income tax dollars generated, but the additional revenue generated that can be redirected to public infrastructure improvements, benefiting the overall community and surrounding area. Mr. McCash stated that he would prefer to use the TIF as a financing tool and economic incentive tool for projects that generate a higher amount of income tax dollars to put towards quality of life components in the City. These would potentially be able to fund all or a portion of those public infrastructure improvements without having as long or as great of a TIF as RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC., FORM NO. 10148 September 6, 2005 Page 11 Held 20 what occurs with a low income generating project. He would like to see more discriminating use of TIFs. Ms. Grigsby responded that the City has been judicious in how TIFs have been used. The ~ recent state legislation has been the result of some of the overuse of TIF districts by other cities. Dublin receives many requests for TIFs and closely evaluates the appropriateness. The majority of TIFs have been for commercial office buildings. Perimeter Center was an early exception, where a TIF district was established and has been active for 7-8 years. Mayor Chinnici-Zuercher agreed that Council generally desires that higher income tax generating projects be the primary use of TIFs. Mr. Lecklider stated that, philosophically, he agrees with Mr. McCash's comments. In this case, the dollars will be directed toward the construction of Emerald Parkway; absent that, there may not have been majority support for it. Mr. McCash agreed that this is tied to Emerald Parkway, which may generate other potential economic impacts or office type development. He dos not want to see this tool used for low income producing projects. Ms. Grigsby added that as part of evaluating the establishment of this district, staff reviewed the infrastructure improvements needed in that area. Emerald Parkway was the primary driver for establishment of this TIF. Vote on the Ordinance: Mrs. Boring, yes; Mr. Keenan, yes; Mr. Reiner, yes; Ms. Salay, yes; Mayor Chinnici-Zuercher, yes; Mr. McCash, yes; Mr. Lecklider, yes. STORMWA TER MANAGEMENT Ordinance 48-05 Repealing Chapter 53, Stormwater Management, Establishing Chapter 53, Stormwater Management and Stream Protection, and Adding Section 153.231 (B)(5) . of the Codified Ordinances of the City of Dublin, Ohio. Mr. Hammersmith stated that on August 15, staff provided a report including a substantial information for Council to review. Ms. Cox, Assistant Director of Engineering for Development will make a brief presentation tonight, highlighting the changes. Ms. Cox provided an overview of the changes that are being proposed to codify updates made by the Ohio EPA regarding erosion and sediment control during and after construction; to create a stream corridor protection zone; and to clarify some other administration issues regarding stormwater management. She gave a PowerPoint presentation listing the various modifications and additions. Mr. McCash asked about 1-2 acre commercial developments and the potential for doing a common stormwater filtration system versus one-acre ponds or underground stormwater control. Ms. Cox responded that it is difficult to persuade applicants to do a common system - there is nothing currently in the regulations that promotes that. Mr. Hammersmith stated that staff strongly encourages this, even though the Code does not require it. Mr. McCash added that the City could request easements as part of the rezoning process to force the issue. Mr. Reiner asked about the floodway plus 20 feet - how was that number derived? Ms. Cox responded that it comes from Chapter 151 related to filling the floodplain. Mr. Hammersmith added that the 20 feet was an arbitrary number when established - it was not scientific. Ms. Cox added that the floodway line on the FEMA maps can vary somewhat, based on the topography. This gives a little buffer on both sides to account for floodwater changes. Mr. Reiner asked if this relates to water quality. Ms. Cox responded that the flood way plus 20 does not relate to water quality, but only restricted where fill could be placed. Vote on the Ordinance: Mayor Chinnici-Zuercher, yes; Mr. Keenan, yes; Mr. Reiner, yes; Ms. Salay, yes; Mr. McCash, yes; Mr. Lecklider, yes; Mrs. Boring, yes. INTRODUCTION/FIRST READING - ORDINANCES RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BlANK, INC., FORM NO 10148 September 6, 2005 Page 12 Held 20 CODE SUPPLEMENT Ordinance 49-05 Enacting and Adopting a Supplement to the Code of Ordinances for the City of Dublin. Mr. Lecklider introduced the ordinance. Ms. Brautigam stated that this provides for the supplement to the Code. Ms. Salay moved to dispense with the public hearing. Mr. Reiner seconded the motion. Vote on the motion: Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mr. McCash, yes; Ms. Salay, yes; Mr. Lecklider, yes. Vote on the Ordinance: Mr. Keenan, yes; Ms. Salay, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mr. Lecklider, yes; Mr. McCash, yes; Mayor Chinnici-Zuercher, yes. LAND PURCHASE Ordinance 50-05 Authorizing the Purchase of a 0.10 Acre, More or Less, Tract of Land, from Continental Sawmill Limited Partnership, Located West of Village Parkway and South of Tuller Road, City of Dublin, County of Franklin, State of Ohio. Ms. Salay introduced the ordinance. Mr. Smith stated this is in follow-up to the resolution of intent recently approved. There will be a second reading/public hearing of the ordinance at the September 19 Council meeting. ROADWA Y DEDICA TlON Ordinance 51-05 Accepting the Hospital Properties Section 2, Roadway Dedication Plat of Perimeter Loop Road and the Re-Subdivision of Lot 1 of Hospital Properties Section 1 Addition, City of Dublin, County of Franklin, State of Ohio. Ms. Salay introduced the ordinance. Mr. Smith stated that this is required to record the new roadway that serves as the entrance to Dublin Methodist Hospital. There will be a second reading/public hearing of the ordinance at the September 19 Council meeting. LAND PURCHASE Ordinance 52-05 Authorizing the Purchase of a 0.623 Acre, More or Less, Tract of Land, from B.B.C. Co., Located South of Bridge Street and East of Monterey Drive, City of Dublin, County of Franklin, State of Ohio, and Declaring an Emergency. Ms. Salay introduced the ordinance. Mr. Smith stated that this ordinance authorizes the purchase of the Duke & Duchess station, as previously directed by Council. Staff recommends adoption by emergency in order to exercise the option to purchase within the contract period. The environmental lawyer notified him today that there are no environmental issues. Upon the purchase by the City, the service station business will close. Further discussion will take place in the future regarding its use in the City's plan. Mayor Chinnici-Zuercher asked about this purchase in relationship to an e-mail to Council that referenced rumors of purchase by a developer of land on the east and west sides of Monterey. Ms. Brautigam responded that the e-mail asked about the status of the purchase of the east and west side of Monterey by a potential developer. Tonight's ordinance relates to only the Duke & Duchess property. Mr. Smith stated that purchase of this property would also allow future reconfiguration of the road because the City will own the access to 33. Ms. Salay stated that she spoke with the Waterford Village Civic Association Co-President about the City's intentions to purchase this land. That likely prompted the e-mails. Sean Colopy. 6911 Meadow Oak Drive. Columbus noted that he lived in Hilliard for 17 years, moved to Detroit and recently moved back to the area. Everyone knows "Steve" at the station and has been asking what is happening with the gas station purchase. The Dublin Police officers who come into the station were not aware of it. It is a good RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK. !NC" FORM NO 10148 September 6, 2005 Page 13 Held 20 environment for people to meet each other, and taking it away is effectively taking away a local hangout. Mayor Chinnici-Zuercher stated that one reason the City had an interest in this property is for expansion of the cemetery if necessary, or for an entrance into that area. Mr. Lecklider moved to dispense with the public hearing and treat this as emergency legislation. Mr. Reiner seconded the motion. Vote on the motion: Mrs. Boring, yes; Mr. Keenan, yes; Mr. Reiner, yes; Mayor Chinnici- Zuercher, yes; Mr. McCash, yes; Ms. Salay, yes; Mr. Lecklider, yes. Vote on the Ordinance: Mr. McCash, yes; Ms. Salay, yes; Mr. Lecklider, yes; Mrs. Boring, yes; Mr. Keenan, yes; Mr. Reiner, yes; Mayor Chinnici-Zuercher, yes. INTRODUCTION/PUBLIC HEARING - RESOLUTIONS BID ACCEPTANCE Resolution 59-05 Accepting the Lowest and Best Bid for the North Fork of Indian Run Bank Stabilization at Brand Road Project Ms. Salay introduced the resolution. Mr. Hammersmith noted that this accepts the bid for the stabilization project. Mr. Lecklider had asked previously that staff explore using wood instead of steel for the guardrails. Can staff provide more detail? Mr. Hammersmith responded that it is a cost issue. There are 1,800 lineal feet of guardrail, and it is 8-9 times more expensive for initial installation of timber plus higher periodic maintenance costs. Timber has been used in very select locations, and staff tries to avoid large installations for reasons of cost. This installation will be steel with timber posts. Mrs. Boring asked about the appearance of the welded wire cage. Mr. Hammersmith stated that it is polycoated with black or dark green; as the vegetation grows within it, the basket will not be visible. Mrs. Boring asked that any affected residents be notified of the project initiation, particularly Mr. Geese. Vote on the Resolution: Ms. Salay, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes; Mr. McCash, yes; Mr. Lecklider, yes. OTHER . Presentation re WiFi Mr. McDaniel stated the goal tonight is to reflect on where staff is in the process at this time and to update Council on the next steps in order to allow an opportunity for their input. He recapped the report provided in the Council packet, including revisiting why the City should have an interest in bandwidth, why WiFi, the fact that staff is focusing on the deployment of a WiFi infrastructure for public use first and primarily and secondarily for public access as it can be made available. Staff sent out an RFP nationally and received 16 proposals. The proposals were narrowed to three approaches to the project as opposed to three bids. The design of the proposal was not really a standard bid process, but a bid process plus the company's proposal on how they could partner with the City, how they would roll the business out, or how they would propose to help the City get this infrastructure in place. The proposals were evaluated, as explained in the report. The report outlines the six options available to the City at this time. There is a lot of activity in the industry and among municipalities. There is continued debate about WiFi and WiFi deployment and about whether cities should be involved in it. There are policies issues to be addressed: (1) Does Council want to go forward with the project? Based on this report, does Council want to continue? The budget was approved as part of the capital budget last year. (2) Assuming Council does want to move forward, staff is seeking guidance regarding their recommendations. Staff Recommendations 1. To move forward with a Dublin-based company, Karlnet whose representatives are present tonight. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC., FORM NO 10148 September 6, 2005 Page 14 Held 20 2. That a letter of intent be executed with Karlnet confirming that the City wants to move forward into serious negotiations. Karlnet will then proceed with finite engineering that will provide a better understanding of the costs. 3. Negotiate a franchise agreement where the City will provide "x" amount of resources, access and funding for the project and Karlnet will do "y." In exchange for that, a Franchise Agreement would be issued and the City and Karlnet will come to the table with their resources. This agreement would come back to Council for their approval. Mr. McDaniel acknowledged the other members of the team who have worked on this project - Bob Shaber, IT; Greg Dunn, Legal Counsel for Telecommunications; and Pete Patton, Telecommunications Engineer. He thanked the companies CBS Technologies, Time Warner, Karlnet and NeoReach who have engaged in the RFP process. Mayor Chinnici-Zuercher noted that SBC had contacted staff and Council with concerns over government entering proprietary businesses. Staff did respond to SBC's questions, as Council had requested. Since that time, she has read articles that pose the same questions about government being in this business. Mr. McDaniel responded that it is an excellent policy issue with which people are wrestling. He believes that there is no hope for the private sector building this infrastructure. While they state they have plans to do so, there is no timeframe. Dublin has taken a careful approach, articulating a position that this is needed primarily from a public use perspective. The City's funds can help to seed the build out of an infrastructure that can be used for the City's public use. That is the first emphasis. If this is deployed for City use, there will be residual bandwidth capability and capacity. Then, a private venture can roll it out for private use - after the system is established for the public use. The City wanted to find the niche that doesn't put the City in the box of being in the business. Mayor Chinnici-Zuercher asked about Attachment 4, which indicates a total for Karlnet of $440,000. Mr. McDaniel responded that their proposal is actually $290,000 and $150,000 was added for each company for the costs to provide power and access to them. The challenge was to provide an "apples to apples" comparison and that was done in Attachment 4. After finite engineering, that number may increase - but that would happen across the board because of how the technology is deployed. In the next step of the franchise agreement, that number will be very clear. Mayor Chinnici-Zuercher asked about the relationship between this and the Central Ohio Research Network (CORN) project. Mr. McDaniel stated that this adds another entire dimension to the concept of making additional bandwidth available; keeps Dublin on the technological edge among peer cities; and is a value-added service to the community. Not many communities will have this on the scale of Dublin. Mayor Chinnici-Zuercher asked about the timeframe for the project. Mr. McDaniel responded that during his military leave, Mr. Dunn would take the lead on this. The goal is to come back in 60 days with a contract with a plan for a spring construction. Mr. Lecklider asked for clarification that there would be no costs to the City in terms of maintenance. Mr. McDaniel stated that there are no City costs for operation and maintenance. Mr. Lecklider asked about Attachment 5 and the cost to the resident. Is this an estimate? Mr. McDaniel responded that he believes it is only an estimate and more discussion will follow about this at a later date. From staff's perspective, when the access to the pipe is opened to the public, there would be a charge for that access at some level. Mr. Lecklider asked what the benefit would be for the residents? Fair or not, people read articles about the rollout of WiFi in different communities with a wide range of user fees. What would he anticipate as the resident reaction? Mr. McDaniel responded that residents have many choices. If this system moves to phase two in the residential area, it is highly competitive. These numbers are based on the phase one build out in the business district. Value can come in because it layers over a larger geographic area and allows coverage over a wider area for users. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BlANK, INC., FORM NO 10148 September 6, 2005 Page 15 Held 20 Mr. Lecklider noted that the documents reference revenues of $275,000 over five years. What percentage of residents would be needed to reach that number? Mr. McDaniel responded that it would be a very low percentage. If the build out goes into phase two, there is estimation that 10 percent of residents will use the system. He confirmed that the $275,000 figure is over five years and is in addition to the six percent. Mr. McDaniel noted that the 6 percent would relate to a splash page arrangement that includes advertising. That would be part of the negotiation process as the franchise agreement is fine-tuned. The finite engineering is a critical part of this. Mrs. Boring asked if this would be state of the art when it is built. Mr. McDaniel responded that he believes it will be and it will also be upgradeable. These companies are constantly upgrading. An emphasis in the RFP was that it be a viable infrastructure for the future. Mr. Reiner asked if most airports now offer WiFi. Mr. McDaniel responded that many do. Many hotels/restaurants/coffee shops find WiFi as a value added service and make that available to their customers. The City will have multiple hot spots throughout the phase one area. Mayor Chinnici-Zuercher asked if a vote is needed tonight. Mr. McDaniel stated that a vote is not needed. He wanted to ensure that Council is comfortable with the next steps. The franchise agreement will come back to Council in a couple of months for their review and approval. Mr. Keenan asked Mr. McDaniel to introduce the other members of the team and the Karlnet representatives. Mr. McDaniel introduced the staff and consultant team of Greg Dunn, Bob Shaber and Pete Patton; Doug Harmon of Karlnet, and David and Sally Haimbaugh of Karlnet and Micro Sales. Mr. Keenan asked who would lead the project in Mr. McDaniel's absence. Mr. McDaniel responded that Mr. Dunn would do so, assisted by Pete Patton and Bob Shaber. Mr. Keenan asked if the security is the responsibility of the user at the laptop level. Mr. Harmon responded that it is normally the user's responsibility. Mr. Dunn added that the relationship would be between Karlnet and the user. Ms. Salay thanked Mr. McDaniel for all of his hard work on this project. This is a well thought out approach and she appreciates his efforts. Mayor Chinnici-Zuercher, on behalf of Council, thanked him for all of his efforts and wished him Godspeed as he goes forward to defend the country. She invited everyone to share in the cake after the meeting is concluded. CITY MANAGER/STAFF REPORTS Ms. Brautigam stated that two supplemental reports are on the dais tonight: 1. On September 4, the City sent a team of 14 to assist in the hurricane relief effort. They will return in two weeks. Another team has been assembled within the City who will meet on Friday to keep updated on the needs coming forth from the states of Louisiana, Alabama and Mississippi. A number of employees and residents are interested in what they can do to help. The real need now is $..~. for police and security, but future needs will relate to the rebuilding process. 2. The second report relates to the pool closures at the Rec Center. An accident occurred during the repair of the pool over the weekend. A contractor fell into the pool and was seriously injured. That pool (the competition pool) will be open for business on Friday. In the meantime, those with Rec Center passes can go to the south pool. Swim lessons are being rescheduled at the south pool. 3. She is not certain when the leisure pool will reopen. When the pool was drained, they discovered more damage, requiring additional work. They will advise Council when it will reopen. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BlANK, INO" FORM NO. 10148 September 6, 2005 Page 16 Held 20 Mayor Chinnici-Zuercher noted that there is a state law that when there is an accident in a pool that the inspectors of pools come out for insurance purposes. The pool cannot reopen until their inspection findings are addressed. Does that apply to the Dublin pool? Ms. Brautigam responded that she is not certain. There was no water in the pool at the time. The contractor was applying material to repair the pool and this was likely a Workers' Compensation matter. She will follow up with staff at the Rec Center. COUNCIL COMMITTEE REPORTS/COUNCIL ROUNDTABLE Mr. Reiner thanked Ms. Puskarcik, staff and volunteers for the splendid effort on the Dubin Irish Festival, which also serves to unite the citizenry. Mrs. Borinq asked about the health plan changes. She understood that in the first year, only completion of an online survey would be necessary to waive the premium contribution. In reading the information, it appears there are additional requirements. Mr. Harding responded that in the first year, only the online health risk assessment must be completed by the individual and covered spouse to waive the premium contribution. Mrs. Boring stated that the information states that the employee must fill out a form indicating their intention of participating in an individual wellness program Mr. Harding stated that this is not correct. He has not reviewed that material, but will check on this. Mr. Keenan stated that the response to the Hurricane Katrina disaster has been commendable. The residents have been asking what the City is doing in this regard. Will they be made aware of the City's efforts? Ms. Brautigam responded that the City issued a press release on this and she will respond personally to any inquiries via e-mail. Mavor Chinnici-Zuercher reported the following: 1. There was an announcement made today by the Franklin County Commissioners and Mayor Coleman of an organized effort in the community. FirstLink will serve in a lead role in this effort. Any resident interested in volunteering in any capacity can contact FirstLink and they will be directed to the appropriate place. She suggested that the City website could provide this link to citizens. 2. She commended the Police officers and the team members who left this week. She hopes Council can recognize them at the meeting following their return to Dublin. 3. She thanked Mr. Ball, Mr. Hahn and everyone involved in the Miracle League field dedication. Everyone involved gave praise to Mr. Hahn's efforts on the project. This project is a great example of a public/private partnership. The season begins on Saturday and she invited everyone to attend. 4. She was pleased to represent Council and the City at the Dublin Schools for their staff opening day at Coffman High School. It was an outstanding program. They presented the City with two plaques, acknowledging their appreciation for the City's support and partnership, especially the City's financial contribution toward the infrastructure to serve Glacier Ridge Elementary. They were pleased that the City recognizes the importance of an excellent school system for residents and for economic development efforts. 5. She received a call from David Royer, President of the ADAMH Board requesting Council's interest in passing a resolution in support of their fall levy. She and the City Manager explained to him that, historically, Council has not generally taken a position regarding issues that raise taxes for residents. If anyone would like to introduce such a motion, Council can consider it at this time. No motion was proposed. ADJOURNMENT TO EXECUTIVE SESSION Mayor Chinnici-Zuercher moved to adjourn to executive session for discussion of land acquisition and personnel matters. Mr. Keenan seconded the motion. Mayor Chinnici-Zuercher noted that the meeting would be reconvened only to formally adjourn. No further action will be taken. Vote on the motion: Ms. Salay, yes; Mr. Lecklider, yes; Mayor Chinnici-Zuercher, yes; Mr. McCash, yes; Mrs. Boring, yes; Mr. Keenan, yes; Mr. Reiner, yes. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK. INC.. FORM NO. 10148 September 6, 2005 Page 17 Held 20 he meeting was adjourned to executive session at 10:35 p.m. The meeting was onvened at 11 :30 p.m. and formally adjourned. ~~ Clerk of Council