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HomeMy WebLinkAbout08/02/2004 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC., FORM NO. 10148 August 2, 2004 Held 20 Mayor Chinnici-Zuercher called the regular meeting of Dublin City Council to order at 7:00 p.m. on Monday, August 2,2004 at the Dublin Municipal Building. ROLL CALL Present were: Mayor Chinnici-Zuercher, Vice Mayor Lecklider, Mrs. Boring, Mr. Keenan, _. ..-'" Mr. McCash, Mr. Reiner and Ms. Salay. Staff members present were: Ms. Brautigam, Mr. Smith, Ms. Grigsby, Mr. McDaniel, Mr. Ciarochi, Mr. Harding, Mr. Hammersmith, Ms. Puskarcik, Mr. Gunderman, Mr. Hahn, Mr. Combs, Mr. Bird, Ms. Hoyle, Ms. Crandall, Ms. Gilger and Lt. Von Eckartsberg. PLEDGE OF ALLEGIANCE Mr. Lecklider led the Pledge of Allegiance. ADJOURNMENT TO EXECUTIVE SESSION Ms. Salay moved to adjourn to executive session for discussion of personnel matters. Mr. Reiner seconded the motion. The meeting was reconvened at 7:15 p.m. APPROVAL OF MINUTES Mr. Reiner moved approval of the minutes of June 21, 2004 with the corrected voting record for Ordinance 144-03 on page 7. Ms. Salay 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. Mr. Lecklider moved approval of the minutes of July 6, 2004 as submitted. Mr. Reiner seconded the motion. Vote on the motion: Mr. Lecklider, yes; Ms. Salay, yes; Mr. Reiner, yes; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes; Mr. McCash, yes; Mrs. Boring, yes. INTRODUCTION OF NEW PLANNING DIRECTOR Mr. Ciarochi introduced Daniel Bird, who was appointed Director of Planning for the City, effective today. Mr. Bird most recently served as Planning Manager for the Miamisburg Mound Community Improvement Corporation, has served as Planning Director for the City of Kettering, and has also worked as a consultant in private practice. On behalf of Council, Mayor Chinnici-Zuercher welcomed Mr. Bird to the City. CORRESPONDENCE The clerk reported that two notices have been sent to Council regarding the issuance of new liquor permits: D1 and D3 permits for Nagi International LLC, dba Maharajas at 6665 Dublin Center Drive, and a D51 permit for Amanda Hall, Inc., 6860 Riverside Drive. There was no objection from Council to the issuance of these permits. CITIZEN COMMENTS Tim Picciano, owner of the Dublin Village Tavern, and Treasurer of the Historic Dublin Business Association thanked Council and the City for their support of the Historic District. The upcoming Dub Crawl is an example of what can be accomplished in working together. The Association will collaborate on upcoming events, such as the Arts & Music Festival and Holly Days. They presented each Council Member with the Dub Crawl "Doors of Historic Dublin" t-shirts, an idea proposed by the Community Relations Division and executed by their group, with the donation of artwork from Dublin resident Bev Golding. He invited Council Members to join them on Thursday evening in the Historic District for this event and the 5K Run. Wallace Maurer. 7451 Dublin Road apologized to the entire Dublin City governance for a breach in protocol from September until the present. Last September, he distributed a copy of his critique of the firing of Mr. Kindra and vowed that he would no longer appear before Council on that subject - that it would move to another stage. To show confirmation of that, he had a conference with the Mayor on that subject. To confirm that he will no longer discuss it before Council, he will say nothing about his conference with the Mayor. He wants to take up a new topic of proposals of multi-million dollar operations, which could be done by the City. The local papers estimate that the Dublin Irish Festival brought $4 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC., FORM NO 10148 August 2, 2004 Page 2 Held 20 million of economic impact to Dublin last year, and may be exceeded this year. He provided a brief history of the Dublin Irish Festival in Dublin. This amount of money can be replicated in Dublin many times over by hosting other such festivals, i.e., an Italian- American Festival, a German-American Festival, a Japanese-American Festival, etc. It is a matter of planting the seeds in the right places. He suggested that the City's Community Relations Division explore these possibilities. A different festival could be held each month. Mayor Chinnici-Zuercher responded that in Central Ohio, many of these festivals are already held each year, some within Columbus and surrounding cities. LEGISLATION SECOND READING/PUBLIC HEARING - ORDINANCES ANNEXA nON Ordinance 47-04 Accepting the Annexation of 76.884 Acres, More or Less, from Washington Township to the City of Dublin, Ohio. (Petitioner Robert W. Rings) Ms. Brautigam reported that staff has no additional information on this matter. 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. BID ACCEPTANCE Ordinance 48-04 Accepting the Lowest and Best Bid for Rock Salt and Authorizing the City Manager to Enter into a Contract for Procurement of Said Commodity. Ms. Brautigam reported that staff has no additional information on this matter. Vote on the Ordinance: Mayor Chinnici-Zuercher, yes; Mr. McCash, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr. Keenan, yes; Ms. Salay, yes; Mr. Lecklider, yes. INTRODUCTION/FIRST READING - ORDINANCES ANNEXA nON Ordinance 50-04 Accepting the Annexation of 12.3 Acres, More or Less, from Washington Township to the City of Dublin, Ohio. (Petitioners Anthony and John Gioffre) Ms. Salay introduced the ordinance. Ms. Brautigam stated that this annexation area is along Eiterman Road, north of Shier Rings, and is adjacent to the annexation approved with Ordinance 47-04. Mr. Keenan asked if there would be any issues associated with the adjacent property, which will house the township facilities. Ms. Brautigam responded that what happens on the adjacent property will not affect this annexation. Mrs. Boring asked what type of development currently exists on the subject site. Ms. Brautigam stated that it houses an office building. Mrs. Boring asked what zoning would be in place for the property upon annexation. Ms. Brautigam responded that it would be categorized as Rural upon annexation. Mrs. Boring asked if the existing use on the property would be grandfathered. Mr. Smith confirmed this. CAPITAL IMPROVEMENTS PLAN Ordinance 51-04 Adopting the 2005-2009 Five-Year Capital Improvements. Mr. Lecklider introduced the ordinance. Ms. Brautigam stated that staff is recommending that this ordinance be held over for public hearing on September 7, noting that workshops are scheduled for the CIP on August 4 and August 11 at 6:30 p.m. There will be a second reading and public hearing on September 7. CODE AMENDMENT Ordinance 52-04 Amending Chapter 94 (Health and Sanitation) of the Dublin City Code, by Amending and Enacting New Sections, Which Prohibit Smoking in Public Places and Places of Employment. Ms. Salay introduced the ordinance. Mr. Smith stated that pursuant to Council's direction, his office prepared draft legislation and an accompanying packet, including the Columbus model ordinance, outlining what RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC.. FORM NO. 10148 August 2, 2004 Page 3 Held 20 other communities in Central Ohio have done, and the New York City legislation. They will prepare more information on the topic, subject to Council's direction, as this moves forward to a Committee or Task Force. Mayor Chinnici-Zuercher summarized that at the July 6 Council meeting, the Law Director - was asked to prepare an ordinance so that Council could determine the best setting for a thorough dialogue, educational effort and final recommendation on this topic. All Council members received an e-mail from Council Member McCash, who recommends that Council consider tabling the ordinance until after the ballot decision regarding the referendum on the Columbus ordinance. There are a variety of options for Council tonight, including tabling as Mr. McCash has suggested; assigning this to an existing Commission with a charge of making recommendation to Council; setting up a task force specific to this subject matter, and identifying the organizations to be represented on the Task Force; or assigning it to a Council Committee. She asked for input from Council. Ms. Salay noted that at the last discussion on this topic, Mr. Smith had indicated that there were substantial challenges to placing the referendum on the ballot in Columbus. She asked for an update. Mr. Smith responded that it appears that the group has gathered a very large number of signatures and no challenge has yet been filed regarding the validity of the referendum itself. It appears at this point that it will appear on the November ballot. Ms. Salay asked staff about the number of businesses in Dublin which would be impacted by this ordinance. Ms. Brautigam stated that staff does not have this information, but could obtain it. Ms. Salay asked that staff provide these figures. She is in favor of addressing the legislation at Councilor a Council Standing Committee versus referring it to an advisory commission or a new task force. Mr. McCash stated that if anything is done in Dublin between now and November 2, it may be for naught, unless it does not matter whether the Columbus ordinance stands up to the challenge and Dublin intends to approve an ordinance regardless of the outcome in Columbus. Mr. Keenan commented that he supports Mr. McCash's suggestion to wait until the outcome of the referendum on the Columbus legislation. Mayor Chinnici-Zuercher stated that this course of action would suggest that Dublin, as a community, does not have a personal interest in the issue of banning smoking. Mr. Keenan responded that if anything, he would recommend that a special task force or an advisory commission review the matter in view of the large amount of business on Council's agenda at this time. Absent referring this to a commission or task force, he would advocate tabling it until after the November election. Mr. McCash stated that at the last meeting, he had suggested placing it on the ballot for Dublin in November. However, others expressed concern about the possibility of the Columbus ordinance being defeated in a referendum and Dublin then having a smoking ban in place. Mr. Lecklider stated that while he personally favors the ban, the potential referendum and vote in Columbus changes the landscape. It may change the opinion of people in the Dublin community. He would support revisiting the issue in Dublin after the outcome of the Columbus referendum is known. Mr. McCash stated that it would take staff only a short time to determine the Dublin businesses impacted. The Columbus ordinance also applies to any public building, and other sample ordinances provided in the packet apply to retail tobacco sale locations as well. Mr. Reiner stated that this is a tremendous health issue and he was surprised that Columbus took such a courageous action. He does not support sending this to a committee, commission or a task force. He wants to see that it is approved quickly. If New York City can pass such legislation, Dublin can do so as well. Young people who work in restaurants and bars should not have to be impacted by second hand smoke. It is RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC" FORM NO. 10148 August2,2004 Page 4 Held 20 a major health issue in the country and he suggests bringing this to a vote. He will, however, go along with the majority's decision on this matter. 1lf'~. .~ Mrs. Boring stated that she agrees with waiting until the Columbus vote is taken prior to undertaking action in Dublin. She does not want to devote time and energy to this effort "'-oil and then have it repealed in Columbus. Mayor Chinnici-Zuercher expressed surprise that Dublin would not continue the educational process on this matter. There is much evidence of the health related impacts of smoking. She knows that there are many businesses and citizens who want to participate in the discussion. She supports encouraging a large diversity of participation and discussion before deciding on a policy of this magnitude. She prefers having a task force because it would have a greater level of diversity and the members are more equal in their participation level versus the same people giving testimony to Council while the issue is deliberated. A task force would give everyone involved a vote on the eventual recommendation. Mayor Chinnici-Zuercher summarized that four Council members have indicated their preference to table this ordinance until after a decision is made by the Columbus voters. Three Council Members would like to move the educational process forward in the meantime. Mr. McCash moved to table Ordinance 52-04 until the first Council meeting following the November general election. Mr. Keenan seconded the motion. Vote on the motion: Mrs. Boring, yes; Mr. Reiner, no; Ms. Salay, no; Mr. McCash, yes; Mr. Lecklider, yes; Mr. Keenan, yes; Mayor Chinnici-Zuercher, no. (Motion carried) (Following the hearing of Ordinances 53-04, 54-04 and 55-04, the Mayor noted that a speaker had signed in to testify on Ordinance 52-04. While it is not Council's custom to take public testimony at the first reading, the citizen had apparently signed in and was not informed of this. She invited the speaker to come forward and comment on Ordinance 52- 04.) Sue Ganaer. 4574 Wuertz Court, Dublin, OH 43016 spoke in favor of the smoking ban for Dublin. Her son was employed at a restaurant in the City of Dublin and wanted to work in the bar portion where tips were higher. However, smoking was allowed in that portion of the restaurant and she was concerned about the health impacts of secondhand smoke. Her son was fearful of losing his job by not working where assigned. Employees should not have to be fearful of losing their jobs or having lower wages if not willing to work in an environment with second hand smoke. Recently, she had visitors of Irish descent from out of town and wanted to take them to a new Irish-themed restaurant bar. Even though the establishment has a non-smoking section, the smoke that prevailed in the entire restaurant forced them to leave. She had to choose between taking visitors out to show off Dublin or having a smoke-free environment. Lastly, she is disappointed that Council did not take the lead on this issue for the sake of the health of the citizens. Mayor Chinnici-Zuercher urged her to follow the process and to participate in the future process in Dublin. BID ACCEPTANCE .. Ordinance 53-04 Accepting the Lowest and Best Bid and Authorizing the City Manager to Enter into a Contract for Construction of Dublin Service Department Site Improvements, Phase II, and Declaring an Emergency. Ms. Salay introduced the ordinance. Ms. Brautigam stated that these are improvements to the maintenance facility that were included in this year's CIP. Due to issues with the bidding, the project was rebid. In order to complete this project before winter, staff is requesting emergency action tonight. Mr. Keenan moved to dispense with the public hearing and to treat this as emergency legislation. Ms. Salay seconded the motion. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC., FORM NO. 10148 August2,2004 Page 5 Held 20 Vote on the motion: Mrs. Boring, yes; Mr. Keenan, yes; Mr. Reiner, yes; Mayor Chinnici- Zuercher, yes; Mr. McCash, yes; Mr. Lecklider, yes; Ms. Salay, yes. Vote on the Ordinance: Mrs. Boring, yes; Mr. Keenan, yes; Mr. Reiner, yes; Mayor Chinnici-Zuercher, yes; Mr. Lecklider, yes; Mr. McCash, yes; Ms. Salay, yes. DEBT REFINANCING Ordinance 54-04 Providing for the Issuance and Sale of Bonds in the Maximum Principal Amount of $4,985,000 to Refund a Portion of the City's Outstanding Various Purpose Improvement Bonds, Series 2000A (Unlimited Tax) and to Pay the Costs of Issuance of the Bonds, and Declaring an Emergency. Mr. Lecklider introduced the ordinance. Ms. Grigsby stated that Ordinances 54-04 and 55-04 provides for refinancing of term bonds that were associated with the 2000 Series A and Series B bond issues. As part of the debt administration function, staff periodically reviews the need for refinancing the City's outstanding debt. At this time, based upon the savings that can be realized from the refinancing, staff is recommending that these be refinanced. It is currently estimated that the savings will be approximately $294,000, subject to change in the market. Staff is requesting emergency action for this refinancing of debt in order to provide flexibility in the pricing schedule. Mr. Keenan asked if the debt being retired was callable. Ms. Grigsby responded affirmatively, adding that the bonds being refinanced are term bonds that mature in 2015. Mr. Keenan asked if the new issue would have callable or non-callable provisions. Ms. Grigsby stated that part of that would be based upon the negotiation process when the City issues the debt. Normally, they are all callable unless there is a request from an institutional investor who wants them non-callable. In return for that, the City would request and receive a lower interest rate to provide protection for the City. Some non- callables have been issued previously in order to obtain a very favorable rate. The savings are projected based upon the market conditions as of July 23 for AAA bond rating issuances. There may be some fluctuation based upon market conditions. Mr. Lecklider asked about the expenses involved in the refinancing and whether this is taken into consideration in determining the savings. Ms. Grigsby responded that the expenses are included in the calculation. There are expenses rated to underwriting, the opinion on the issue from bond counsel, and some costs associated with preparing and printing the official statement. The savings projected does take into consideration the expenses. Mr. Lecklider moved to dispense with the public hearing and treat this as emergency legislation. Ms. Salay seconded the motion. Vote on the motion: Mr. Reiner, yes; Mr. McCash, yes; Mayor Chinnici-Zuercher, yes; Mr. Keenan, yes; Mr. Lecklider, yes; Mrs. Boring, yes; Ms. Salay, yes. Vote on the Ordinance: Ms. Salay, yes; Mr. Lecklider, yes; Mrs. Boring, yes; Mayor Chinnici-Zuercher, yes; Mr. Keenan, yes; Mr. McCash, yes; Mr. Reiner, yes. Ordinance 55-04 Providing for the Issuance and Sale of Bonds in the Maximum Principal Amount of $3,650,000 to Refund a Portion of the City's Outstanding Various Purpose Improvement Bonds, Series 20.00B (Limited Tax) and to Pay the Costs of Issuance of the Bonds,and Declaring an Emergency. Ms. Salay introduced the ordinance. Mr. Reiner moved to dispense with the public hearing and to treat this as emergency legislation. Ms. Salay seconded the motion. Vote on the motion: Mr. McCash, yes; Mr. Reiner, yes; Ms. Salay, yes; Mrs. Boring, yes; Mr. Lecklider, yes; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes. Vote on the Ordinance: Mr. Lecklider, yes; Mr. Keenan, yes; Mr. McCash, yes; Ms. Salay, yes; Mr. Reiner, yes; Mayor Chinnici-Zuercher, yes; Mrs. Boring, yes. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC.. FORM NO 10148 August 2, 2004 Page 6 Held 20 INTRODUCTION/PUBLIC HEARING - RESOLUTIONS APPOINTMENT Resolution 31-04 Appointing a Member to the Tara Hill Traffic Task Force. Ms. Salay introduced the resolution. Ms. Brautigam stated that this legislation formalizes the appointment of Tina Wray to the Task Force, in follow-up to Council's motion at the last meeting. Vote on the Resolution: Mr. Lecklider, yes; Mr. Keenan, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mayor Chinnici-Zuercher, yes; Ms. Salay, yes; Mr. McCash, yes. GRANT APPLlCA nON SUPPORT Resolution 32-04 Supporting a Grant Request to the Attorney General for Continuation of the Expanded D.A.R.E. Program. Ms. Salay introduced the resolution. Ms. Brautigam stated that this resolution is required in order to qualify for matching funds. Vote on the Resolution: Ms. Salay, yes; Mr. Lecklider, yes; Mr. Reiner, yes; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes; Mr. McCash, yes; Mrs. Boring, yes. OTHER . Final Plat - Wyandotte Woods, Section 5 (Case No. 04-010FDP) Ms. Brautigam stated that this comes with a positive recommendation from staff and Planning Commission. Mr. Gunderman is available for questions. Mrs. Boring moved approval of the final plat with the conditions of P&Z. Mr. McCash seconded the motion. Vote on the motion: Mayor Chinnici-Zuercher, yes; Mr. Keenan, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr. McCash, yes; Ms. Salay, yes; Mr. Lecklider, yes. . Final Plat - Celtic Estates (Case No. 04-053FDP) Ms. Brautigam stated that staff and P&Z recommend approval with the conditions outlined in the accompanying materials. Mrs. Boring moved approval of the final plat with the conditions of P&Z. Mr. Reiner seconded the motion. Vote on the motion: Mr. McCash, yes; Mr. Keenan, yes; Mr. Reiner. yes; Ms. Salay, yes; Mr. Lecklider, yes; Mayor Chinnici-Zuercher, yes; Mrs. Boring, yes. . Preliminary Plat - Avery Place (Case No. 04-070PP) Ms. Brautigam stated that staff and P&Z recommend approval with the conditions outlined in the accompanying materials. Mr. Gunderman can respond to questions. Ms. Salay noted that Council had discussed some conditions that are not addressed here. She had asked that some environmental issues be addressed in some manner, due to the fact that the Red Trabue Nature Preserve is located nearby. She anticipated language being added that would make developers and business owners aware of the level of expectations for maintenance of this site. Mr. Gunderman responded that such language was included in the preliminary and final development plans reviewed by P&Z. Council is tonight reviewing simply a plat for a commercial development that includes straight land issues and improvements. The environmental issues would have been dealt with in the development plan review at P&Z and are therefore attached to the zoning. He recalls specifically the comments regarding debris and trash removal, as well as the nuisance birds. Mr. Lecklider commented that he was riding his bike through the southern portion of Red Trabue several weeks ago and noted a distinct odor emanating from Burger King. He is aware that discussions took place regarding odor control, and it is unfortunate that this permeates a nice park such as Red Trabue. Mrs. Boring moved approval of the preliminary plat with the conditions of P&Z. Mr. Keenan seconded the motion. Vote on the motion: Mrs. Boring, yes; Mr. Keenan, yes; Mr. Reiner, yes; Mr. Lecklider, no; Mayor Chinnici-Zuercher, yes; Mr. McCash, abstain; Ms. Salay, yes. . Final Plat - Avery Place (Case No. 04-081 FP) Ms. Brautigam stated that this is the final plat related to the same project. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC.. FORM NO. 10148 August 2, 2004 Page 7 Held 20 Mrs. Boring moved approval of the final plat with the conditions of P&Z. Mr. Keenan seconded the motion. Vote on the motion: Mr. McCash, yes; Mrs. Boring, yes; Mayor Chinnici-Zuercher, yes; Mr. Reiner, yes; Mr. Keenan, yes; Mr. Lecklider, yes; Ms. Salay, yes. . Right-of-way Dedication Plat - Emerald Parkway 5A and Wyandotte Woods (Case No.03-151FDP) Ms. Brautigam stated that this comes to Council with a positive recommendation from staff and P&Z. Mr. Gunderman is available for questions. Mrs. Boring asked if there was a reason that Condition #15 regarding penalties and fines was eliminated from the bid documentation. Mr. Gunderman stated that various parts of this were accelerated, and in the broad sense, it resulted from an oversight by staff. Mrs. Boring wondered if the contractor would bring complaints if fines were imposed on them, as this wasn't addressed in the bid document language. Mr. Gunderman stated that in any event, most of the staking would be required. Mrs. Boring stated that it seems that the bids were out before this was approved. Mr. Gunderman stated that staff was well engaged in the negotiation process with the developer, and it was staff's oversight in not including this in the final documents. Mr. Hammersmith explained that there were two separate sets of plans in this public/private partnership with Sawmill Partners to build Emerald Parkway. Her concerns relate mainly to the heavily wooded Wyandotte Woods Boulevard, which has not yet been bid. It is not too late to require this for Wyandotte Woods Boulevard and it is the responsibility of the applicant to do this. He apologized for staff's oversight on these documents. Mr. Reiner moved approval of the plat. Mr. Keenan seconded the motion. Vote on the motion: Mr. Reiner, yes; Mr. Lecklider, yes; Ms. Salay, yes; Mr. Keenan, yes; Mr. McCash, yes; Mrs. Boring, yes; Mayor Chinnici-Zuercher, yes. . Clarification of Ordinance 75-03 - Amending the Dublin Codified Ordinances, Sections 153.050 through 153.058 - Planned District Regulations, and Section 153.234 - Procedure Regulations Mr. Smith stated that when Ordinance 75-03 was approved, the only sections that were to be repealed were Sections 153.050 through 153.058 - not the entire zoning Code. It is clear from the documents that this was the intent. He is recommending that the record be clarified. Mr. McCash moved to clarify that, based upon Section One of Ordinance 75-03, the intent of Council was that only Sections 153.050 through 153.058 were repealed and were replaced with Section 153.050 through 153.056. Ms. Salay seconded the motion. Vote on the motion: Mrs. Boring. yes; Mr. McCash, yes; Mayor Chinnici-Zuercher, yes; Mr. Reiner, yes; Mr. Keenan, yes; Ms. Salay, yes; Mr. Lecklider, yes. . Request by applicant to remove Ordinance 09-03 (Perimeter Center Subarea N _ Homestead Revision) from the table for referral to Planning and Zoning Commission Ms. Brautigam reported that this Ordinance came before Council over a year ago and was tabled. Recently, the developer inquired about the process for reactivating this item. Staff suggested that they request Council remove it from the table and refer it back to Planning & Zoning Commission. Ms. Salay asked if the developer is planning to bring forward new plans. Mr. Smith responded that the developer would bring amended plans to P&Z, based on his discussion with Mr. Hale. Ms. Salay moved to take Ordinance 09-03 from the table and refer it to Planning & Zoning Commission. Mr. Reiner seconded the motion. Vote on the motion: Mr. Lecklider, yes; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes; Mr. McCash, abstain; Mr. Reiner, yes; Ms. Salay, yes; Mrs. Boring, yes. . Request from Tara Hill Traffic Calming Task Force for Name Change RECORD OF PROCEEDINGS Minutes of Dublin City Council MeetinL-__ DAYTON LEGAL BLANK, INC" FORM NO. 10148 August 2, 2004 Page 8 Held 20 Ms. Brautigam stated that the task force was named, "Tara Hill Drive Traffic Calming Task Force." In order to be more reflective of their charge, they have requested a name change to, "Tara Hill Area Traffic Calming Task Force." Ms. Salay moved approval of the name change. Mr. Lecklider seconded the motion. Vote on the motion: Mayor Chinnici-Zuercher, yes; Ms. Salay, yes; Mr. Lecklider, yes; Mrs. Boring, yes; Mr. McCash, yes; Mr. Keenan, yes; Mr. Reiner, yes. CITY MANAGER/STAFF REPORTS . Sidewalk Program Update Ms. Crandall stated that several months ago, staff brought to Council preliminary estimates regarding funding for needed replacement and repair of sidewalks throughout the City. This was based upon a survey of over 154 miles of the sidewalks conducted by Mr. Tennyson. On page 2, the cost estimates are outlined, based upon the 2004 street maintenance program costs. The repairs are separated into varying degrees of vertical separation. The total cost for ~ inch or greater vertical separation and greater than 1 inch of horizontal separation is $1,105,632. The federal guidelines are currently set at ~ inch or greater vertical separation and 1-inch horizontal separation. At the previous discussion, Council requested information on what other communities are doing. Page 3 includes this information obtained by Jeannie Martin. There are varying degrees of standards for communities. The one common denominator is in the funding: in all these communities, the residents pay 100 percent of the costs. Staff could not identify an Ohio community that pays any portion of the costs, and it is very uncommon across the country. Staff has provided three options for Council. Option 3 is recommended as preferred. In all options, the residents would not be responsible for curb replacement or sidewalk replacement caused by tree roots or utility obstruction. The City would pay for those. Option 1: the City pays for 100 percent of all repairs, and funding would be programmed over a series of years in the CIP. Option 2: implementing a 50/50 cost-sharing program with residents. Option 3: implementing a program in which the residents are assessed for the full replacement cost. The plan would be to bid out certain sections of the City each year to obtain the best price, and as each section is repaired, it would be assessed to the property owner. Staff is also seeking from Council their concurrence on the standards. Staff is recommending a standard of ~ inch or greater vertical separation and % inch or greater horizontal separation. Staff also would like for Council to select an option for funding. Mayor Chinnici-Zuercher stated that she has reviewed minutes from February 3, 2003, and the vote at that time was 6-1 to direct staff to return with a policy and necessary Code changes so that the City would pay for this program. She is confused about why staff is bringing a recommendation 18 months later to have the citizens pay for this. Ms. Crandall stated that staff recalled several discussions but could not find the exact records. Mr. Hammersmith stated that at the CIP discussion last year, his understanding was that Council wanted a comparative analysis of what other communities were doing. There was some funding allocated in the CIP. Mayor Chinnici-Zuercher commented that Mr. McCash had stated previously that Dublin does not view other communities as benchmarks, that Dublin provides a level of services that exceeds those in other communities. Other than Mr. Reiner, everyone on Council at that time was quite adamant that sidewalk repair/replacement had a higher priority than some of the other services provided by the City. The policy was to be returned to Council by October of last year. Ms. Brautigam stated that staff did not have full information regarding the conditions of the sidewalks in February of 2003, and a full survey was provided to Council at the time of the CIP hearings. Ms. Crandall commented that the original estimates were substantially lower than the estimates reported at the CIP. Ms. Salay recalled that staff did return at the CIP and indicated they had underestimated this cost. When Council heard the revised amount, some indicated a desire to think this through a little more in view of the new numbers. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC.. FORM NO 10148 August 2, 2004 Page 9 Held 20 Mrs. Boring expressed frustration, stating that the motion from Council had been very specific and substantiated. A memo from staff indicated that Mr. Tennyson was going to attend a seminar about this topic and that it would be addressed in the same manner as the Street Maintenance Program. In no way did she anticipate that the entire issue would be revisited, only that he would provide new alternatives to implement and manage the sidewalk repair/replacement program. It is now 18 months after direction was given to Council, and nothing has transpired. Mr. Hammersmith stated that one aspect that had not been determined was the standards. This was something where policy guidance from Council was needed. There were some gaps in the program that had not yet been determined. Mr. Reiner recalls being shocked by the large numbers at the CIP hearings in 2003 and that there was a possibility it could be revisited. He still agrees with staff that Dublin should not pay for them. Mr. Lecklider stated that he abstained from voting on this matter previously, as his property was on the list of repairs needed. His comments indicated that he supported the majority's position on this. Ms. Salay asked about the average cost per residence for repair/replacement. Mr. Hammersmith stated that staff could obtain this information. There would be quite a range, as it varies by property. Some older areas would be more impacted due to street trees and averages would be higher. Mr. Lecklider noted that the estimated cost was approximately $400-500 per square for replacement. Is that the cost to be passed along to the homeowner? Mr. Hammersmith stated that there would be additional costs for removal of existing sidewalks. This is detailed in the memo by a per square yard basis of $25.80. Typical sidewalks are 20 square feet, so roughly three square yards in a slab of sidewalk or approximately $75 in removal costs. Mayor Chinnici-Zuercher summarized that staff is seeking a determination tonight of a standard for vertical and horizontal separation, and whether or not the citizens should be assessed. Ms. Crandall concurred. Mr. McCash stated that he would suggest using Powell's standard of a % inch vertical separation, primarily because of wheelchair accommodation. Mr. Hammersmith stated that staff reviewed this, and the % inch standard came from the curb ramp standard. Dublin staff did not feel that standard applied to sidewalks under the federal guidelines. He spoke with Powell officials to understand where they came up with this standard. Mr. Lecklider asked about the anticipated life expectancy of a sidewalk before vertical separation could be expected. Mr. Hammersmith responded that, in general, sidewalks are expected to last 10-15 years or longer, depending upon the subgrade compacting, the installation itself, and any impact from utility trenches or tree roots. In terms of the concrete itself, one could expect 20 years or more of life. Mr. Lecklider asked what role the City plays in inspection of sidewalks at installation. Mr. Hammersmith stated that it is part of the new home building inspection done by Engineering of sidewalk, driveway approach, final lot grading, sewer and water taps. Mr. Lecklider noted that his concern is that he has observed vertical separation in sidewalks in his neighborhood after 6-7 years He believes it could relate to poor installation, but what recourse would the property have for this? It concerns him that the City would consider imposing these costs on the homeowners where problems occur within 5-6 years of construction inspections. Mr. Hammersmith responded that these are code compliance inspections, not quality assurance inspections. The inspection ensures it meets Code. Mr. McCash added that the homeowner has recourse with the builder for a defect in the home. However, for a sidewalk on public property, the homeowner cannot sue the builder. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC.. FORM NO. 10148 August2,2004 Page 10 Held 20 Mrs. Boring stated that Council discussed this previously, and direction was given to obtain information on possible Code changes for developer responsibilities for warranties. Mr. Hammersmith commented that this was in response to a concern voiced by Mr. Reiner about deficiencies in Wyandotte Woods. Staff found that they related to water valve boxes and curb boxes in the sidewalks. When Dublin changed from a 5-foot to a 7- foot tree lawn in 2000, it pushed the curb boxes into the sidewalks. The City of Columbus did not want to alter their standard, and it resulted in these problems. Mr. Lecklider noted that the $1.1 million figure assumes these repairs would be done in one year's time. There was some discussion previously about phasing this over a number of years. Mr. Hammersmith agreed, noting that the phasing was intended to be part of the CIP discussion based upon what was feasible to do within the constraints of other projects and priorities. Mr. Keenan asked for verification that there has been no funding programmed in the CIP in the past for sidewalk repairs/replacements. Mr. Hammersmith responded that there was $125,000 programmed annually. Ms. Crandall stated that some repairs have been done on a complaint-driven basis. Mr. Hammersmith clarified that the curb ramp replacements have been done, but no sidewalk replacements in the past two years. Mr. McCash asked if the $1.1 million includes all areas that need to be replaced, including those caused by tree roots? Mr. Hammersmith stated that it includes problems caused by tree roots and other factors. ,h! Mr. McCash stated that the total amount to be subsidized by the City might actually be less than the $1.1 million, depending upon the percentage caused by other factors. Mrs. Boring moved to have the City be responsible for funding the sidewalk repair/replacement program, and that the City proceed with phasing in the sidewalk replacement/repair program. Ms. Salay seconded the motion. Mrs. Boring amended her motion to direct that the City makes whatever policy adjustment or ordinance change necessary to have the sidewalk repair and replacement covered in the budget for the street maintenance program. Ms. Salay seconded the motion. Vote on the motion: Mr. McCash, yes; Mr. Reiner, no; Ms. Salay, yes; Mrs. Boring, yes; Mr. Lecklider, abstain; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes. Mayor Chinnici-Zuercher noted that the second issue to be determined is the standard to be adopted for sidewalk repair/replacement. Mr. Keenan suggested that the federal standard be adopted. Mr. McCash stated that this does not address slope and horizontal separation less than one inch. He would suggest a horizontal separation of Yz inch or greater and a slope of 1 inch in 1 foot. Mr. Hammersmith cautioned that the two percent cross slope is the standard. He would be cautious about the 1 inch in 1 foot, as there are some areas, such as Wyandotte Woods Boulevard, where it would not be possible to comply with a 1 in 12 longitudinal slope. Mr. McCash stated that he assumes that this slope is a cross slope. Mayor Chinnici-Zuercher asked for clarification for a standard to vote upon. Mr. McCash moved to adopt the federal guideline of a vertical separation of ~ inch or greater; with an amendment to ~ inch or greater horizontal separation; and two percent cross slope. Mr. Keenan seconded the motion. Vote on the motion: Mr. McCash, yes; Mr. Reiner, no; Ms. Salay, yes; Mrs. Boring, yes; Mr. Lecklider, yes; Mr. Keenan, yes; Mayor Chinnici-Zuercher. yes. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC., FORM NO 10148 August 2, 2004 Page 11 Held 20 . Clover Court Update Mr. Hammersmith stated that last year, an erosion protection improvement in the channel was settled upon to address the Clover Court/Monterey Creek erosion issues. Due to varying degrees of participation, the project was done only on the Giorgianni and Thomas , properties and was completed in November. The property owners are very satisfied with the improvements that fared well during the spring rains. There has been a request from the remaining property owners for similar improvements on their properties. Staff met with the residents on this matter. As of today, the Brantley, Wisler and Martin families have requested the improvements. Mr. Muchnicki is also agreeable to the improvement. Staff wants to do the project in unison, and so they will meet with the Rogers. At this point, staff anticipates participation from five properties at an estimated cost of $39,000. Staff's recommendation is to proceed with the erosion protection improvement. It was made very clear that this is not a flood control improvement, and that their risk of structural flooding remains essentially the same. Ms. Salay asked if many of the homeowners have completed the recommended flood proofing. Mr. Hammersmith responded that he is not aware of any completed. Ms. Salay commended Engineering staff for working through this contentious issue with the neighborhood. Ms. Salay moved to proceed with the recommended Clover Court Channel Improvements continuation. Mr. Reiner seconded the motion. Vote on the motion: Mr. Lecklider, yes; Mrs. Boring, yes; Ms. Salay, yes; Mr. Reiner, yes; Mr. McCash, yes; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes. . Benefits Update Ms. Brautigam noted that a memo was included in the packet regarding the benefits committee and a request that the Administrative Committee set a meeting for the end of August. Following discussion, a meeting was set for Monday, August 30 at 6:30 p.m. . Report regarding Jerome Township Meeting Ms. Brautigam reported that at the last meeting with Jerome Township, there was discussion about JEDDs and CEDAs and she has now received additional information from Legal staff regarding these matters. The Jerome Township officials would like to meet with Council at the end of August to discuss the next step in the process. She asked that Council identify potential dates for this meeting. Following discussion, it was determined that Ms. Brautigam would propose a meeting date of Thursday, August 26. It will likely be at the township hall location. . Update from Law Director Mr. Smith reported that there has been an issue raised in the past 60 days involving fencing of a yard to accommodate an autistic child. There had been a request several years ago for a similar exception, and this was accommodated by the City. Staff has created a procedure in which the issue can be addressed and the BZA review expedited. As was done in a previous case, the fencing exception is granted specifically to the family with the autistic child who lives in the home, and does not continue with the property when they move. He assumes that it would be Council's policy to assist in this type of situation and wanted to make them aware of this. COUNCIL COMMITTEE REPORTS/COUNCIL ROUND TABLE Ms. Salay: 1. Noted that there was a memo about the proposed expansion of the OSU airport. What is the status of the MORPC led committee of public bodies? Ms. Brautigam responded that Ms. Salay was listed to be a representative on this committee, but she has not heard about its status. She will follow-up with Mr. Habig. Ms. Salay noted that the airport expansion is an issue for the Dublin community as well. She has heard some noise complaints from Dublin residents. She was surprised to hear that they are discussing larger runways, more hangars and night lighting. Have these been added to the proposal? Mr. Hammersmith responded that the airport layout plan approved by the FAA always included additional hangar space. What they were pursuing initially was the runway expansion itself and relocating the main runway to the north. The airport layout plan or 5- RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK. INC., FORM NO. 10148 August2,2004 Page 12 Held 20 10 year capital plan, as approved by the FAA, included many other improvements. As far as the lighting, these are simply navigational lights and are designed to provide a safer means for navigating at night than instrument. 'YI Ms. Salay stated that she would appreciate any information available about the status. 2. Thanked staff for the memo about the auto dealership. In zoning approvals, ~-o.v the Dublin lighting guidelines are referenced. These are obviously only guidelines and not Code, as many businesses do not comply with them. Is it possible to make lighting guidelines part of the zoning code to permit enforcement? Mr. Ciarochi responded that staff could investigate this and report back on incorporating a direct standard versus a guideline. Mr. McCash added that for ten years, he has been requesting that Dublin lighting guidelines be codified. These should be in place for the straight-zoned districts. Mrs. Borinq complimented Brian Martin, Landscape Inspector and the cooperating businesses on the landscaping appearance of many areas in the City. It makes quite a difference in the City. Mr. Lecklider commented that: 1. He, too, was impressed with the mounding and flowers on the north side of Tuller Road. This is the result of the joint efforts of staff and the businesses. 2. He is looking forward to the Dublin Irish Festival on August 6-8. Mayor Chinnici-Zuercher: 1. Reminded Council Members of the CIP workshops on Wednesday, August 4 and Wednesday, August 11 at 6:30 p.m. 2. Encouraged everyone to attend the 5K Run in Historic Dublin at 7 p.m. on Thursday, August 5. 3. Reminded Council to forward their Irish Festival participation forms to staff. 4. Commended Ms. Grigsby and Ms. Hoyle on the award received for the budget document. This will be formally recognized by Council at a later date. 5. Noted that the packet included a letter regarding the concerns about a Brand Road property located in the township. She is hopeful that follow-up will be done with the property owners in response to the letter. ADJOURNMENT TO EXECUTIVE SESSION Mr. Keenan moved to adjourn to executive session for personnel, legal and land acquisition matters at 9:00 p.m. She noted that the meeting would be reconvened only to formally adjourn. No further action will be taken. Mr. Reiner seconded the motion. Vote on the motion: Mrs. Boring, yes; Mr. Reiner, yes; Mr. Lecklider, yes; Mr. McCash, yes; Mr. Keenan, yes; Ms. Salay, yes; Mayor Chinnici-Zuercher, yes. The meeting was reconvened at 10: 15 p.m. and formally adjourned. -I>- ~ (2.. ~ Clerk of Council