Loading...
HomeMy WebLinkAbout08/16/2004 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC.. FORM NO, 10148 August 16,2004 Held 20 Vice Mayor Lecklider called the regular meeting of Dublin City Council to order at 7:00 p.m. on Monday, August 16, 2004 at the Dublin Municipal Building. ROLL CALL Present were: Vice Mayor Lecklider, Mrs. Boring, Mr. Keenan, Mr. McCash, Mr. Reiner and Ms. Salay. Mayor Chinnici-Zuercher was absent (excused). Staff members present were: Ms. Brautigam, Mr. Smith, Ms. Grigsby, Mr. Ciarochi, Chief Epperson, Mr. Harding, Mr. Hammersmith, Mr. Bird, Mr. Hahn, Ms. Crandall, Ms. Gilger, Ms. Richison, Ms. Readier. PLEDGE OF ALLEGIANCE Mr. Reiner led the Pledge of Allegiance. APPROVAL OF MINUTES Ms. Salay moved approval of the minutes of the meeting of August 2,2004. Mr. Reiner seconded the motion. Vote on the motion: Mr. McCash, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr. Keenan, yes; Ms. Salay, yes; Vice Mayor Lecklider, yes. SPECIAL RECOGNITION Paula Chope, City Forester, presented the awards for the 15th Annual Civic Beautification Award Program. Present to accept Most Outstanding awards were the following homeowners: Fred and Melissa Schroeder, 4139 Hertford Lane; Suzanne Walker and Tony Amorose, 7623 Riverside Drive; Diane Sweeney, 5810 Scotia Court; Gerald and Nancy Wolfe, 5607 Brighton Hill Lane; Rose and Steve Sundre, 6167 Deeside Drive. Present to accept Outstanding awards were: Jack and Sandy Downing, 5296 Guinness Court; Tom and Chlois Fletcher, 5525 Bristol Parkway; David and Peg Burgess, 5742 Rushwood Drive; and Llewellyn Farms subdivision. Present to accept an award of merit were Mark and Teresa Dorow, 6939 Roundwood Court. SPECIAL PRESENT A TION Eric Ireland, President, Board of Leadership Dublin addressed Council, together with Sandy Morckel, graduate of the Charter Leadership Dublin program. His presentation focused on the mission, which is to prepare leaders for effective community involvement, and the ways in which they serve Dublin - through the Leadership Program, through class projects, and through the community service day. He provided statistics on the program, which began in 1995. To date, 141 have graduated from the program, 75 percent of whom are Dublin residents. Sandy Morckel described the benefits of involvement with Leadership Dublin from the perspective of an orientation for those moving to the community. She now serves on the Board of the Dublin Counseling Center and reported that the Ducky Derby, held last Saturday, was very successful. She applauded Council for the investment in the Leadership Dublin program, which will prepare future leaders for the community. CORRESPONDENCE The clerk reported that no correspondence requiring Council action has been received. CITIZEN COMMENTS Wallace Maurer, 7451 Dublin Road: 1. Stated that he is not certain if Council is interested in his reaction to the Dublin Irish Festival. However, he was "absolutely unable to get anywhere near everything that intrigued him" at the festival, due to the RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC" FORM NO 10148 t-'age L August 10, LUU4 Held 20 immense crowds. This is an oblique evaluation that it was a splendid event. 2. Noted that after the last Council meeting, where he proposed a concept of multi festivals being held in Dublin, the Mayor responded that the five- minute time period for speaking at the meeting had expired. He will wait until the Mayor returns from Spain to comment further on this. 3. Something came to his attention over the weekend related to his role as a component of the "boss citizenry" of the community. He needs to speak with another citizen to ensure he is not treading on his initiative and designs, and he cannot see this person until next week. Therefore he will delay these comments until the next Council meeting. 4. Commented that he has some speaking time left which he would like to reserve until after the smoking ban proponents have addressed Council. Vice Mayor Lecklider indicated that there are 8-9 speakers signed up to speak on the topic of clean indoor air. While Council is interested in their comments on this important issue, there is a need to balance this with an otherwise full agenda. One suggestion is that if the essence of the comments is similar, perhaps two or three individuals could be designated to speak on behalf of the group. Another option is to limit the speakers to three minutes, due to the large number who wish to speak. He requested Council's preference. Mr. Keenan stated that either option is acceptable to him. Vice Mayor Lecklider asked if there is anyone within the group who would like to speak for the group. Rob Crane. 5600 Dublin Road stated that those present for this topic have prepared testimony for Council. Parliamentary procedure at the last meeting prohibited an opportunity to speak, but they understood that they would each have five minutes to give testimony to Council tonight. Vice Mayor Lecklider responded that it is not that Council does not want to hear their comments, but rather a need to balance this portion against the remainder of the agenda. Council does have discretion in how much time is allowed for public speakers. He asked that the speakers not be redundant in their comments, as that would not be a good use of everyone's time tonight. Mr. Crane responded that they would do their best to comply with this request. Sandra Miller, 6977 Tralee Drive, Dublin, stated that she is a 20-year resident of Dublin and a registered nurse. She has worked in the areas of open heart and oncology and has observed the life threatening effects of tobacco use. Clean indoor air is urgently important. She related her experiences regarding the difficulty for heart patients to make behavior changes, such as smoking cessation. She supports creating an environment that encourages good health behaviors. There are many studies regarding the impact of secondhand smoke. Council has the opportunity to protect the people who live, work, and play in Dublin, and everyone deserves to have a smoke free environment - even those who work in 1'.~., restaurants. Dublin has high quality City services - from trash pick-up, to public safety and recreation. It now has the opportunity to serve as a model for other communities. She asked that Council not wait to act on legislation for clean air in Dublin. Antoinette Snedecor, 5699C Briardale Court, Dublin stated that she lives, volunteers and works in Dublin and has a severe allergy to cigarette smoke. The presence of secondhand smoke has robbed her of personal freedoms and prevents her from patronizing certain restaurants. She is not the only one at great risk who is forced out of these businesses - others impacted are those with asthma, heart disease, COPD and cancer. According to the U.S. Department of Health and Human Services, every % hour of secondhand smoke exposure RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting OAYTON LEGAL BLANK, INC,. FORM NO 10148 page 3 Augustlb, LUU4 Held 20 causes heart damage similar to that of habitual smokers. According to The Journal of American Medical Association, that same half hour of exposure can initiate the process of hardening of the arteries, which leads to heart attacks. Restaurant workers are exposed to a risk level 47 times higher than the federal government's defined level for a carcinogen. Since the majority of society does - not smoke and the health dangers are well known, it is reasonable to expect people to refrain from smoking for a few hours. Cities that have enacted smoke free ordinances across the country have reported positive results, including an increase in tourist traffic, which has resulted in an increase in the restaurant business. She summarized that no one has the right to smoke - it is not protected by any law or by the Constitution. No one has the right to cause physical harm to another. No one must smoke, but everyone must breathe. She encouraged Council to pass this legislation for Dublin. Mark Russell. 6435 Greenstone Loop, a six year resident of Dublin, stated that he was disappointed that Council is taking a "wait and see" approach and not engaging in due process for a smoke free ordinance. This is the number one community health issue of this time - secondhand smoke. It is the third leading cause of preventable death, killing over 53,000 people each year. Dublin employees and customers are knowingly being subjected to a group A carcinogen. The facts and adverse impacts of secondhand smoke are extraordinarily clear and demand action. Dublin's current position is inconsistent with its track record as a progressive leader on community matters. Powell, Arlington and Hilliard are some of the surrounding cities who have moved forward with a process for a smoke free environment. The parliamentary maneuver to table public discussion on a smoke free ordinance is undemocratic and plays into the hands of big tobacco. There is no question that the Columbus smoke free ordinance will prevail and that a convincing majority will speak in favor of a smoke free environment. He read an article last week which detailed the results of a survey of 1,000 people indicating that 82 percent supported smoke free workplace measures; 90 percent agreed that going smoke free is of benefit to workers; 82 percent agreed that it benefits everyone in public places; 95 percent believed that the legislation is a positive health measure. Seventy percent said that it improved their experience in pubs, and 78 percent in restaurants. This survey was conducted in Dublin, Ireland nearly four months after the entire country went smoke free. He would appreciate Council's consideration in moving this Dublin toward a smoke free environment. It is the right thing to do for the residents and for the businesses. Janna Buckey, 371 Pebble Creek Drive, Dublin stated that she works at NBC-4 television in Columbus where she is Vice President. She supports the clean indoor air ordinance - it is a matter of individual rights, as everyone has the right to breathe clean air. She was surprised and disappointed at the apathy demonstrated by the majority of Council who voted to table the ordinance. She moved to Dublin 6 years ago for the quality of life it offered. Dublin should be a leader in this matter, not a City that is waiting to see what the others do. Dublin needs to move now to show a united front with Columbus and the surrounding suburbs. The first step is to invest the time in homework regarding the impacts of such legislation in New York and places such as Ireland. It will not cause the economic hardship that opponents claim. Businesses will continue to thrive, and a healthier life will be created for employees, patrons and visitors. Those who voted to table the ordinance could not have been close to someone who smoked their whole lives and died from the effects of smoking, or they would not have voted as they did. She is familiar with the immediate effects of secondhand smoke, as she grew up with two parents who smoked. Medical research indicates that, due to this exposure, she is more prone to lung cancer, a stroke, heart attack or respiratory disease. Her family will spend their money at smoke free businesses and will boycott those businesses who are not. However, employees at those businesses that allow indoor smoking do not have that luxury. NBC-4 has been a RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC" FORM NO 10148 August 10, LUU4 t-'age 4 Held 20 smoke free environment for ten years, due to management's foresight. A decade later, she would expect nothing less from the leaders of Dublin. She pledges to work toward a smoke free Dublin and offered her time and support. Susan Ganqer, 4574 Wuertz Court, Dublin stated that she lives and works in Dublin. She asks that Council revisit the smoking amendment. Council should take a leadership role for Dublin and reopen it. No matter how Council members stand on this issue, why not study it now so that they can make an informed decision? This is an important issue, one that deserves immediate attention. She asked that Council reopen the issue, study it and then make a decision for Dublin. Rob Crane, 5600 Dublin Road, Dublin stated that he is a family physician, a teacher at Ohio State and a volunteer coach for Smoke Free Columbus. He joins others in expressing his disappointment at the action of tabling this important piece of local legislation. It is not a zoning or annexation issue, but a life and death decision More die from secondhand smoke than from auto accidents, AIDS, murder, suicide or drugs. There is now new information and recommendations from the Center for Disease Control, the National Institute of Health, and the Environmental Protection Agency regarding the impacts of secondhand smoke. He asked that all concerned parties be permitted to present this information to Council in an orderly manner. If Council waits, more people will die. If Council waits, while every other municipality around Dublin takes action, others will be left with concerns about a level playing field. It was always anticipated that there would be a referendum, and they welcome the opportunity of a referendum. Nothing sanctifies and enshrines the details of difficult legislation like a vote of the people. In Columbus, this will put the issue to rest and will send a message throughout the Midwest that these important protections are timely, needed and desired. Moreover, all polls indicate that the law will be upheld by a substantial margin in Columbus. Polls around the country show that those better educated and well off actually embrace this law more fully. Council members were elected to be leaders, not followers. The proponents of this issue waited to petition Dublin until after Columbus City Council had acted so that Dublin would have a standard, not so Dublin would have an excuse. They welcome a dialogue with Council, business leaders -- with anyone, but they do not welcome delay. They petition Council publicly to begin the conversation now by taking the first step for informational hearings. The citizens elected leaders to make decisions. Stephen Frances, 8805 Davinqton Drive, Dublin, stated that he is a nine-year resident of the City and his wife operates a business in Dublin. He asked that Council make Dublin smoke free by taking the issue off the table and placing it on the agenda. Smoke free ordinances do not deprive smokers of the right to smoke. It simply protects the rights of all Dublin citizens to be free from secondhand tobacco smoke and its lethal effects. Smoke free ordinances do not hurt local businesses. The residents who smoke will become conditioned to the fact that they cannot smoke in public places, and they will simply wait until they finish eating, drinking, lodging, etc. and go outside to smoke. Nicotine is a powerful and '" highly addictive drug. He is an attorney and respects laws that protect citizens and children from illegal drugs and substances. Protection is needed from the more harmful and addictive effects of nicotine. Smoke free ordinances are an important step in this effort. As members of the Ohio Tobacco Use Prevention and Control Foundation Board, they hope to be able to treat those smokers who want to break free from the highly addictive nicotine drug. Smoke free ordinances are a big step in encouraging addicts to change their behavior. He asked that Council help them fight this battle against nicotine addiction and pass the smoke free ordinance for the health and well being of the citizens of Dublin. His father, John Frances, was a well-known attorney and public servant in the City of Columbus. He was also a longtime smoker. Unable to stop smoking, he died from complications of lung cancer and heart disease. Dublin leads in quality of life issues. What a RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC" FORM NO 10148 pageo August 10, LUU4 Held 20 contradiction it would be if Dublin failed to deliver to its citizens the most important aspect of quality of life - having public places free of lethal secondhand smoke. Dr. Claire Wolfe, 5521 Indian Hill Road, Dublin stated that she is a physician and 30-year resident of Dublin. She echoes what everyone else has said and asks . Council to strongly reconsider the tabling of the ordinance and to provide the citizens the opportunity to fully debate the issue and make a decision. Dublin has never waited to hear what others were going to do in all the years she has lived here. She assumes that Dublin continues to have that ability and strength. Wallace Maurer, 7451 Dublin Road, Dublin stated that he has searched to see if he could discover one redeeming quality of smoking. He could not - other than a sense of power it can inexplicably give to some individuals. Vice Mayor Lecklider thanked the speakers for their comments and requested summary remarks from fellow Council members. Ms. Salay stated that she shared most of her views on the issue at the last Council meeting. She would like to point out, however, that if Council waits until November to act on this legislation, that will be in the midst of the holiday season. From a practical standpoint, it will be difficult to find citizens to serve on a community task force, which Mayor Chinnici-Zuercher has suggested. Therefore, it would probably be January 2005 before Council could begin to consider this issue. Although Council and staff's calendars are always busy, she would support investing the study time now, so that Council would be in the position to make its decision in November, rather than beginning a study in November. Mr. Reiner stated that he would like to reiterate his position which he stated two weeks ago -- that second hand smoke is a major health issue, and Dublin City Council should take a leadership role on behalf of its citizens. Dr. Scharma's book, which provides cancer statistics, states that one of every two American males and one of every three American females will have cancer before their demise. He has personally experienced much suffering from that disease, and believes this is an issue Council should act on immediately. Mr. McCash stated he is not concerned about waiting for Columbus, but he is not satisfied with the language of the Columbus ordinance. He would prefer to take the time to obtain similar legislation from other communities and develop the best ordinance for Dublin. He supports passage of such legislation and placing it on the November 2 ballot allowing the citizens to make the final decision. He has lost three members of his family to cancer, and supports responsible, not reactionary, action. Vice Mayor Lecklider stated that his concern was not so much whether Columbus's legislation withstood the referendum, but whether that would affect Dublin's discussion on the issue. He has received some troubling email -, communications from residents who were not at the meeting and were misinformed. He believes most Council members support a smoking ban and sees urgency for that action. However, Council must balance that position with the fact that they represent all of the community, even the minority, and is a leader in hearing all issues fairly. He was particularly concerned about one speaker's comment tonight, which was that none of Council could have experienced the loss of someone dear to cancer. He has had that experience -- his father and mother were both smokers. Fortunately, his mother quit smoking and is alive today, but his father died of lung cancer at age 55. He requested the citizens not to make assumptions and question the motivations of Council members. He ascribes to the citizens positive motivations, and he would expect the citizens to also ascribe RECORD OF ORDINANCES Dublin City Council Dayton Legal Blank. Inc. Form No. 30043 August 16,2004 Page 6 Ordinance No. Passed .20 ositive motivations to the Council members, who probably disagree only on the ssue of timing. r~ -. r. Keenan concurred with Vice Mayor Lecklider's comments. His mother died at he age of 51, a smoker from the age of 16. His father died of congestive heart ailure at age 53. His vote at the last meeting to table the ordinance reflected any other motivations. Although he anticipates passage of this legislation within couple of months, he did not believe the timing was appropriate. He objected to olumbus's attempt to manipulate Dublin's action. It is a regional issue and will be ubmitted to the voters within that region. He believes it is appropriate for Dublin o learn the voters' opinions. EGISLA TION ECOND READING/PUBLIC HEARING - ORDINANCES NNEXA TION rdinance 50-04 ccepting the Annexation of 12.3 Acres, More or Less, from Washington ownship to the City of Dublin, Ohio. (Petitioners Anthony and John Gioffre) s. Brautigam reported that staff has no additional information on this matter. ote on the Ordinance: Mr. Keenan, yes; Mrs. Boring, yes; Ms. Salay, yes; Mr. cCash, yes; Vice Mayor Lecklider, yes. NTRODUCTION/FIRST READING - ORDINANCES RGANIZA T10NAL CHART ;'1"" rdinance 56-04 mending the Organizational Structure of the City of Dublin and Adopting a ew City of Dublin Organizational Chart. s. Salay introduced the ordinance. s. Brautigam stated that the amendment reflects the recent appointment of Dana cDaniel as the Director of Economic Development. In accordance with the new conomic Development Plan adopted by Council to elevate the focus on economic evelopment in this community, she has requested Deputy City Manager Dana cDaniel to lead that department. here were no questions. here will be a second reading/public hearing on September 7,2004. CONOMIC DEVELOPMENT AGREEMENT rdinance 57-04 uthorizing the Provision of Certain Incentives for Purposes of Encouraging he Expansion by Buckeye Check Cashing, Inc. of Its Workforce Within the ity and Authorizing the Execution of an Economic Development greement. s. Salay introduced the ordinance. s. Gilger stated that this ordinance provides for the City's local support of the tate's Job Creation Tax Credit, which Buckeye Check Cashing has already eceived from the State. Currently, the company of 88 employees is located on very Road, where they have outgrown their space. Buckeye Check Cashing has een acquiring and consolidating many companies throughout the country. They re purchasing and will soon occupy the former Pharmacia campus at 7001 and 003 Post Road. Continued growth and the creation of an additional 159 new jobs re anticipated. r. Keenan inquired if the property lies within both Franklin and Union counties. s. Gilger affirmed that fact. r. Keenan inquired if the jurisdictional boundary issues have been resolved. s. Grigsby stated that the City is not aware of current problems, and that issue as not been addressed with this company. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK. INC" FORM NO, 10148 AugusTI6, LUU4 page { Held 20 Mr. Keenan stated that there was a period of time when taxes were not collected; however, that issue may have been resolved. He suggested that staff contact the Washington Township Clerk for additional information. Mrs. Boring inquired if Mr. Keenan's concern was related to real estate tax rather than income tax. Mr. Keenan responded that he is uncertain, but he would encourage the City to verify that any tax issues have been resolved. Ms. Grigsby stated that staff would look into the matter. The Clerk noted that her understanding was the issue was resolved when the township boundary adjustment was completed a few years ago. There will be a second reading/public hearing on September 7,2004. BID ACCEPTANCE Ordinance 58-04 Accepting the Lowest/Best Bid for the Muirfield Drive/Brand Road Roundabout Landscape Project and Declaring an Emergency Ms. Salay introduced the Ordinance. Ms. Brautigam stated that the estimate for this landscape project was $100,000. The bid came in at $73,000. Staff requests passage by emergency so that the landscaping can be completed by the end of this year's planting season. Mr. Keenan moved to dispense with the public hearing and treat this as emergency legislation. Ms. Salay seconded the motion. Vote on the motion: Mr. Keenan, yes; Mr. Reiner, yes; Ms. Salay, yes; Mr. McCash, yes; Vice Mayor Lecklider, yes; Mrs. Boring, yes. Vote on the Ordinance: Vice Mayor Lecklider, yes; Mrs. Boring, yes; Mr. Keenan, yes; Mr. Reiner, yes; Ms. Salay, yes; Mr. McCash, yes. WAIVING COMPETITIVE BIDDING Ordinance 59-04 Waiving Competitive Bidding Requirements, Pursuant to Section 8.04 ("Contracting Procedures"), Paragraph (C) ("Waiver of Competitive Bidding") for the Procurement of Services for the Installation of the Dublin Community Recreation Center Boiler, and Declaring an Emergency. Ms. Brautigam stated that the bids received were much higher than estimated. This was due to the fact that staff neglected to take into consideration the prevailing wage. Because the bid received was over $30,000.00, it will be necessary to enter into competitive bidding or have Council waive that requirement. Because it is necessary to install the boiler and filter in a timely manner, staff requests that Council waive the competitive bidding requirement and pass the legislation by emergency. Mr. McCash inquired if J. A. Guy was the low bidder. Mr. Hahn confirmed that was the low bid. Mr. Reiner inquired if the problem in acquiring other bids is that the City cannot have non-union bidders, or is this an issue of time? Mr. Hahn responded that the problem is solely that of the State prevailing wage. It was the City's intention to act as the general contractor for this project, purchasing the necessary materials and hiring independent contractors to complete the installation. However, when the quotes came in for the labor, it was discovered that the City's estimate for labor costs was too low. As stated, this was because the prevailing wage was not considered, but it was also due to the fact that the project was expanded to add filters to the existing boiler system to correct a problem with water contamination. Mr. Reiner stated that it does not appear possible to reduce the cost of installation. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC" FORM NO, '0'48 August lo,LUU4 t-'age 8 Held 20 Mr. Hahn agreed that would not be possible. He added that the intent was to complete part of the installation during the annual week of shutdown for the Recreation Center, which is in late August. ~ Mr. Maurer stated that his understanding was that the problem was caused by a group of companies responsible for design flaws. The City sued them. Was the -,,",* suit successful, including some compensation? Mr. Smith stated that this project is part of the effort to correct the problems caused by design inadequacies. The City did win the suit and was awarded $235,000. Mr. Reiner moved to dispense with the public hearing and treat this as emergency legislation. Mr. Keenan seconded the motion. Vote on the motion: Mr. Keenan, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr. McCash, yes; Vice Mayor Lecklider, yes, Vote on the Ordinance: Mr. McCash, yes; Mr. Reiner, yes; Mr. Keenan, yes; Vice Mayor Lecklider, yes; Mrs. Boring, yes. INTRODUCTION/PUBLIC HEARING - RESOLUTIONS EASEMENT AGREEMENTS Resolution 33-04 Authorizing the City Manager to Execute and Grant an Additional Easement Agreement with AEP for the Development of the Ballantrae Golf Course in the City of Dublin, County of Franklin, State of Ohio. Mr. McCash introduced the Resolution. , Ms. Brautigam stated that this action would provide electricity to the Dublin Golf Club cart barn. '~ There were no questions. Vote on the Resolution: Mr. Keenan, yes; Vice Mayor Lecklider, yes; Mrs. Boring, yes; Mr. McCash, yes; Mr. Reiner, yes; Ms. Salay, yes. OTHER . Fee Waiver Request for Conditional Use Application for Emerald City Players Mr. Bird stated that the Emerald City Players, a 501 C3 charitable organization, submitted a fee waiver request for a conditional use application. His research indicates that Council has received two such requests in the past, both of which were denied. However, Council has in the past granted a waiver for a development-related license, a building permit fee, a parking variance, and a special permit fee for a community organization. His recommendation is based upon the fact that no previous waiver has been granted for a conditional use fee. However, in Section 35.84 of the City Code, "Fee Appeals and Waivers," Council reserves the right to waive any fee in order to encourage development projects that lead to enhancing the City's tax base. Should Council wish to entertain granting this request, Objective 1.5 of the recently adopted Economic Development Strategy indicates a goal to assist in revitalizing under-utilized ..... properties. The property in question here is the Dublin Village Center. The Emerald City Players' conditional use may be considered a transitional use, while the ownership is exploring more optimum use of the property. Mrs. Boring thanked staff for their recommendation. Although she agrees that it is the correct response for this situation, it should not be considered precedent setting. This is a charitable organization with no paid staff. The case is not similar to others. In addition, there would be no impact on surrounding neighbors, because there are none in Dublin Village Center. Mr. McCash noted that conditional uses typically have potential impact on adjoining properties, and that is why they are considered "conditional" uses. One RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC" FORM NO 10148 August 10, LUU4 t"age ~ Held 20 of the previous requests for fee waivers was for an outdoor seating facility, the elements of which would have an impact on neighbors. This request from a not- for-profit organization for a use in an empty center is due to the fact that a theater ~",..-,,, is considered a conditional use. Mr. Bird stated that is correct. ~"^,4 Mr. McCash stated that this should not really be considered a conditional use, as it does not have the potential for impact upon neighbors. Richard Foster, 6827 Park Mill Drive, Dublin, stated he is president of the Emerald City Players, an all-volunteer organization. The amount of money for this fee would constitute 25% of the budget that the Dublin Arts Council provides to them each year. The Emerald City Players provide available entertainment for the residents of the City, which they would like to continue at a different location. Mr. McCash noted that, in essence, the City would be charging the fee to itself, as the Dublin Arts Council monies come from a grant from the City to the Arts Council. Mr. Keenan noted that this move would free up time at the Abbey Theater. The Emerald City Players have had a need for more time at the Abbey Theater than has been available to them. At the new location, the Emerald City Players would not only have the time for necessary rehearsals, but would also be able to build sets. He added that there are several reasons to approve this fee waiver. Mr. Keenan moved to approve the fee waiver request. Vice Mayor Lecklider noted that there had been some concerns regarding Building Code issues. He inquired if those have been resolved. Mr. Keenan responded that he had advised Mr. Foster to contact City staff. He believes the question of whether a theater could be placed in that facility has been cbi addressed. Mr. Foster stated that the issue has been resolved. They have also discussed with Mr. Price how to meet the various Code requirements. Mrs. Boring seconded the motion. Vote on the motion: Ms. Salay, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mr. Keenan, yes; Vice Mayor Lecklider, yes; Mr. McCash, yes. . Tree Waiver Request - Riverside Woods Mr. Bird stated that this is a tree replacement fee waiver request for the Riverside Woods subdiYision, which is a 43.5 acre development located on the east side of Riverside Drive and the south side of Hard Road. Staffs recommendation is that the tree for tree replacement fee waiver be granted with the understanding and the condition that the front yard trees, as required by Section 153.133 cannot be counted toward replacement of tree inches. GreQ ChilloQ, 6253 Riverside Drive, The Edge Group, stated that the letter of request was submitted by Smith & Hale, but they could not be present tonight. He is available to answer any questions Council may have. There were no questions. .. Mrs. Boring moved to approve the 2,635.5-inch tree replacement waiver with the condition that front yard trees, as required in City Code Section 153.133, not be ..~ counted toward replacement tree inches. Mr. Reiner seconded the motion. Vote on the motion: Mr. Keenan, yes; Mr. Reiner, yes; Mr. McCash, yes; Ms. Salay, yes; Mrs. Boring, yes; Vice Mayor Lecklider, yes. . Final Plat - Ballantrae Section 7 Mrs. Boring stated that the materials note that certain reserves are owned by the City of Dublin but are maintained by the homeowner association. What does that mean? If it is on the plat, isn't it an unchangeable legal requirement? RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC" FORM NO 10148 AUgUSI 10, LUU4 t-'age -, u Held 20 Mr. Bird responded that this is not only on the plat, but was a condition of the Planning Commission's approval. That would be enforceable. Mr. Smith concurred. The requirement is in the zoning text and on the plat; therefore, it is enforceable. .""""- Ms. Salay moved to approve the final plat for Ballantrae, Section 7. Mr. Keenan seconded the motion. Vote on the motion: Ms. Salay, yes; Mrs. Boring, yes; Mr. Reiner, yes; Vice Mayor Lecklider, yes; Mr. McCash, yes; Mr. Keenan, yes. . Final Plat - Tartan West, Section 1, Part 1 Mrs. Boring noted for the record that she had the same question as for the previous final plat, and for the record, that response is duly noted. Ms. Salay moved to approve the final plat for Tartan West, Section 1, Part 1. Mr. Reiner seconded the motion. Vote on the motion: Mr. Reiner, yes; Ms. Salay, yes; Mrs. Boring, yes; Vice Mayor Lecklider, yes; Mr. Keenan, yes; Mr. McCash, yes. CITY MANAGER/STAFF REPORTS . Greater Columbus Green Map Project Update Ms. Crandall stated that, previously, Council was provided information on the Central Ohio Green Map and was also provided MORPC's request for funding to assist with the costs of both an on-line map and a printed version of the regional Green Map. At that time, Council requested additional information specifically related to what other communities were forwarding to MORPC to be included in the Green Map. MORPC has now gathered information from several communities, and staff can better answer Council's inquiry. She stated that Erin Miller, Greenways Project Manager, MORPC, is present to answer detailed questions. Ms. Crandall stated that the total project cost is estimated at $140,000. MORPC would like to model the Central Ohio Green Map after the Pittsburgh Area Green Map. Council members can view that on-line She stated that the Solid Waste Authority of Central Ohio (SWACO) has already committed $50,000 for 2004 and it is anticipated they will commit a like amount for 2005. MORPC is requesting $20,000 from the City of Columbus and the remaining $20,000 from the surrounding suburbs. Some of the suburbs have committed funding, including Reynoldsburg, Grove City, Hilliard, and Upper Arlington. Worthington, Westerville, New Albany and Gahanna currently have requests pending. The request is for $3,000 from each suburb. Each suburb would then be permitted to add their logo to the online and printed maps. The parks information MORPC has been gathering, includes: 350 Columbus parks and a combined 166 parks from Gahanna, Worthington, Hilliard and Washington Township, Westerville, Upper Arlington, Grove City and the Metro Parks. All of the communities have forwarded to MORPC the list of their parks and park amenities. Those parks range from .5 acres to 5,000 acres, which includes a Metro Park. Council previously expressed the possible impact on small neighborhood parks, causing them to be over-used by visitors to the community. Ms. Crandall provided a list of Dublin parks, including their acreage and amenities. She noted that this information is currently ~ provided at the City of Dublin website and in the recently printed Bikepath and Parks Guide map. Staff's recommendation is that the $3,000 contribution be forwarded to MORPC. She requested Council direction regarding the amount of this information to be forwarded to MORPC for use in the Central Ohio Green Map. Vice Mayor Lecklider inquired if the $3,000 contribution would be a one-time request or a recurring cost. Erin Miller, MORPC, responded that it is a one-time funding request. Funding for upkeep of the online version will be sought from MORPC's current funding RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC" FORM NO 10148 t-'age 1 i August lti, LUU4 Held 20 partners - Columbus and Metro Parks. Through the assistance of the local convention & visitors bureaus and the retail stores listed on the Green Map, 10,000 printed copies of the map will be distributed throughout the Central Ohio region. Although at some time in the future, they anticipate the need for are-print, they are hopeful the online version will be widely used. The printed version will .. become outdated, while the online version will be regularly updated. Mrs. Boring stated that this issue enjoyed a lively discussion at a previous Council meeting. She inquired if the Council members who had concerns still have some hesitation. Ms. Salay responded that she did have earlier concerns. However, after a recent conversation with Ms. Crandall regarding the Green Map, her perspective has changed. She continues to believe that the reason for supporting this should not be because all the other communities are doing so. Council should base its decisions on what is good for this community. She is concerned that in the future when the community and the surrounding areas are built out, those areas will be under parked. There is the danger of Dublin's amenities becoming the amenities of the northwest region. Upper Arlington's website states that they boast 150 acres of parkland; Dublin's website boasts 1,000 acres of parkland. Long term, Council needs to be cognizant of the fact that the City's parkland is for the residents of this city. That should be a consistent direction to staff when they are developing programming and conducting advertising. However, if Dublin is listed on this map, it probably will not have an overly significant impact. Nevertheless, she wants to emphasize that Dublin's amenities are only for the residents of Dublin. Mr. Reiner agreed with Ms. Salay's comments. However, he is hopeful that when - this map is distributed, the other municipalities that have under parked their communities will be challenged to become more progressive. He has particular reservations about including the skatepark as a park amenity. It would be a definite disadvantage to attract any additional traffic to that use, which is high risk and high liability. Vice Mayor Lecklider inquired if it would be possible to delete particular amenities, such as the skatepark. Ms. Crandall responded that would be possible. It would be also be possible to list all the parks but not list the amenities in the smaller neighborhood parks. Mr. Keenan stated that the parks that are more often sought out are the passive parks. Washington Township has had many issues at the Homestead Park, due to the large volume of users attracted to that park - schoolbus loads during the summer. The active parks with ball fields are programmed, so they do not have those issues. Dublin needs to be a regional player, and he would support participation with the understanding that neither the skatepark nor the amenities in the neighborhood parks would be listed. Vice Mayor Lecklider inquired what would distinguish between a neighborhood park and a larger community park. @'" Mr. Hahn stated that staff would follow Council's direction and distinguish between the two for the purpose of this project; however, there is no specific description for either. Following discussion Council consensus was to: (1) List all the City parks for the Green Map -- community and neighborhood. (2) Do not list amenities for neighborhood parks (3) List amenities for community parks, EXCEPT do not list basketball, tennis, or the skatepark facilities RECORD OF ORDINANCES Dublin City Council Davton Lel!al Blank. fne, Form No, 30043 August 16,2004 Page 12 Ordinance No. Passed .20 ice Mayor Lecklider requested the vote on the $3,000 contribution to MORPC for he Green Map project. ~I s. Salay moved to approve the $3,000 contribution as requested by MORPC. r. Keenan seconded the motion. ..."_.,-"",,, ote on the motion: Vice Mayor Lecklider, yes; Mr. Keenan, yes; Mr. Reiner, yes; rs. Boring, yes; Ms. Salay, yes; Mr. McCash, yes. . Discussion Regarding Annexation Agreements s. Readier Schottenstein Zox and Dunn stated that this is a continuation of ecent discussions regarding possible partnership tools that could be used with ownships, other municipalities and landowners. Those tools include: Joint conomic development districts (JEDDs), Cooperative economic development greements (CEDAs), and annexation agreements. Annexation agreements are ery similar to CEDAs. An annexation agreement can exist between townships nd cities. Ohio Revised Code, Section 709.192 lists what a City or a township an include in an agreement that would govern newly annexed territory, such as oning issues, payment of service fees, and tax abatement issues. The type of greement Dublin would be most interested in is an agreement between the City nd a potential developer or landowner who desire to be included in the City, but ant certain commitments from the City before doing so. The examples of these ypes of agreement that have been provided to Council are basic. If it should be ouncil's desire to explore annexation agreements between developers and the ity, counsel would recommend a more extensive agreement. Typically, the eveloper pursues the annexation petition. In some instances, the City would ssist in processing that petition before the County Commissioners. The City may ake commitments to provide certain infrastructure to the site. Usually, some sort f representation is made regarding zoning, making it clear that the zoning is not uaranteed by the agreement. It must go through the Planning & Zoning ommission hearing and City Council approval procedures. Typically, if the oning is not culminated, the developer will ask that they be permitted to withdraw rom the annexation petition or go through a detachment process to return them to ame position in which they were before pursuing an annexation. r. Smith stated that the City's growth corridor is in Jerome Township in the orthwest area, and property owners in that area are inquiring if Dublin would onsider annexation agreements. Historically, Dublin has not entertained the idea f using such agreements, but has required annexation to the City first, followed by rezoning process usually under the terms of a planned unit development. As evelopment moves towards the negotiated service area, developers are eginning to inquire about this option. r. Keenan stated that this could be a tool that would help the City to more ffectively control development on its boundaries. He inquired if there are isadvantages to these agreements. .. r. Smith responded that there could be misconceptions that the planning and oning process has changed. However, as the examples show, the agreements .."" an clearly communicate that it would be necessary to complete the normal lanning and zoning process. The additional component would be that the eveloper would be permitted an "out" if their zoning is not approved. Typically, ith annexation agreements, preliminary plans are seen by the City, so the greements can serve as planning tools. r. Keenan inquired if they have been used successfully by other jurisdictions. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC" FORM NO 10148 August lb,LUUQ t-'age l;j Held 20 Mr. Smith responded that they have -- by commercial, office, and residential developers. Mr. McCash stated that the City needs additional tools by which it can better control future development in its expansion area. He inquired if the City could ~",4 provide the developer with a concept plan approval before the annexation agreement is entered into. That would provide the developer with a degree of secu rity. Mr. Smith stated that Dublin is a home rule city. State law does not prohibit such a procedure. It should be possible to design an appropriate procedure. Mr. McCash stated that he would prefer that the concept plan approval be a preliminary step before an annexation agreement is entered into. It would require one meeting only. Mr. Smith stated that the developer would also welcome a preliminary concept plan approval before entering into an annexation agreement. Of course, that would not be a guarantee of a subsequent development plan approval. Mrs. Boring noted that this issue would require in-depth study before being utilized by the City. She inquired if a concept plan approval, completed in conjunction with an annexation agreement, would require a fee. She expressed concern, also, that the detachment option could become a power tactic used by the developer. Perhaps the Community Development Committee could study this issue. Mr. Smith agreed that if Council sees potential merit in annexation agreements, the study could be referred to committee, where the issues can be satisfactorily addressed. Mr. McCash stated that he perceives an annexation agreement as a potential tool for the negotiated expansion area only. In the exclusive Dublin annexation area, there would be no need for it. Mr. Keenan stated that the development would be more economically viable within Dublin's corporation limits than within the township. Wouldn't an economic development incentive preclude the need for this type of agreement? Mrs. Boring referred to the example of Tartan Fields, whose residents are very satisfied to be within the Dublin school district, yet not within the City limits. Mr. Keenan stated that he anticipates time will prove otherwise. His observations were concerning commercial or office developments. Mrs. Boring stated that she would expect Class A office development to annex without any type of agreement. Most of the potential annexation agreements would be for residential development, which does impact the school system. Mr. Keenan stated that past annexations have been within the City's exclusive water/sewer contract expansion area. This discussion concerns land outside that area. There is a need for Council to better understand that issue, which is the reason he requested staff to provide copies of the water and sewer agreements. This is a very important component for Dublin to consider in its study of the US 33 Corridor. Mr. Reiner inquired if this will set a precedent for negotiating with every annexation. The previous reason for annexation was to locate a community within the City to take advantage of its many amenities. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC" FORM NO, 10148 August 1 0, ~UU4 ~age -14 Held 20 Mr. Smith stated that he does not anticipate that would occur. Only so many parcels will fit into a development. The City has always encouraged large tracts for development, because more can be accomplished in a large PUD. Ms. Salay moved to refer study of annexation agreements to the Community Development Committee. Mr. Keenan seconded the motion. Vote on the motion: Ms. Salay, yes; Vice Mayor Lecklider, yes; Mr. Reiner, yes; Mr. Keenan, yes; Mr. McCash, yes; Mrs. Boring, yes. COUNCIL COMMITTEE REPORTS/COUNCIL ROUNDTABLE Mr. Keenan 1. Stated that he has received many emails of concern from residents regarding the new traffic roundabout. He and Mr. Hammersmith made a trip to Coventry Woods to evaluate the area of concern -- the northbound lane making a left turn movement onto Chattington in Coventry Woods. The rise in the hill at the location is extremely dangerous; it blocks the view of oncoming traffic. He inquired if it would be appropriate to ask the Engineering Division to evaluate the possibility of shaving off the crest of the hill as part of the roundabout project. There is also poor visibility for vehicles departing from Coventry Woods, making a left turn onto westbound Brand Road. Mr. Hammersmith has indicated he will evaluate the possible removal of trees to improve the difficult sight line. Ms. Salay inquired if there is any accident data for that location. She had not realized the danger that exists there. She would be interested in an official memo from the City Engineer, including the accident data and an estimated cost for the necessary improvements. Mrs. Boring inquired if it would be reasonable, now that the roundabout has been constructed, to evaluate how the nearest intersections on that roadway are operating. Mr. Hammersmith stated that the first approach would be to evaluate the vertical sight distance where the crest of the hill is at this location on Dublin Road, then to evaluate the speed data and accident history on that section of Dublin Road. Mrs. Boring stated that Mr. Hammersmith has previously indicated that the City has a study of intersections, on which eight intersections are listed as of high priority. She is concerned that this intersection will also be impacted highly by the roundabout. Mr. Keenan noted that during the course of the roundabout construction, the area would be closed. That would be the best time to make any corrections. He suggests scraping off a foot or two from the crest of that hill while Dublin Road is closed. The lanes are so narrow there, that there is a sense of danger. Right turn movements are also difficult. Ms. Salay inquired what the speed limit was moving south from the Muirfield area on Dublin Road. Mr. Hammersmith responded that the speed limit is 45 mph up to Emerald Parkway. Ms. Salay inquired if it would be reasonable, as part of this project, to lower the speed limit. Mr. Hammersmith responded that Dublin Road is a state route. It would be necessary to conduct a speed study before attempting to lower the speed limit. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC" FORM NO 10148 August 10, LUU4 t-'age 1 0 Held 20 Ms. Salav: 1. Invited City Council members to the Tara Hill Area Traffic-Calming Task Force on Wednesday, August 25. She noted that the attendance has been surprising low. Task Force members will be making an effort to communicate with their neighbors about the meetings. 2. Thanked staff for the update on the Kendall Ridge Park. She inquired if staff has had any contact with Kendall Ridge residents who were interested in the park. The Kendall Ridge neighborhood park component had been re- programmed in the CIP from 2006 to 2009. In the interim, a playground would be programmed in Ballantrae Park in 2006, which would also seNe the Kendall Ridge subdivision. Mr. Hahn stated that staff has not had recent contact. Ms. Salay will contact Mr. Hahn later to discuss this topic. 3. Noted that Council needs to appoint an Acting Clerk while Anne Clarke is on vacation August 24 through September 3. Ms. Salay moved to appoint Judy Beal, Deputy Clerk, as Acting Clerk for the period as noted above. Mrs. Boring seconded the motion. Vote on the motion: Mr. Keenan, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr. McCash, yes; Vice Mayor Lecklider, yes; Ms. Salay, yes. 4. Noted that a pending item to be scheduled for Administrative Committee is "Review of Reporting Requirements for Political Action Committees." She suggested that meeting be scheduled for early 2005, well before the election season begins. Mr. Reiner: 1. Reminded Council members of the Roundabout Opening event on August 23 and encouraged all Council members to attend. 2. Noted that the Irish Festival was very well attended. He is hopeful that the event may "break even" this year. 3. Stated that he would like to meet briefly with fellow committee members following the executiye session to schedule a meeting of the Community Development Committee. Mrs. Borinq: 1. Thanked Ms. Salay for representing Council so well at the opening ceremony for the Wendy's Golf Classic. Mr. Lecklider: 1. Inquired if statistics are available from the Irish Festival, which was held this past weekend. Ms. Grigsby responded that the revenue total is in. The Festival did well. Over $702,000 was collected this past weekend, which was a 25-26% increase over last year's $556,000. The revenue is from admissions, beverage sales and Wee Folk sales. More financial information will be provided in the Festival wrap-up report. 2. Echoed the sentiments expressed by the City Manager, Mayor and Mr. McCash regarding the excellent festival put on by City staff. 3. Inquired about the markings on the center of the bikepath in Avery Park. Is this to mark the tours? Mr. Hahn stated that the new markings indicate the tours noted in the new bikepath guide - four different, color-coded tours. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC" FORM NO, 10148 Held 20 3. Stated that Council received a note regarding a residence in Kililea. Has anyone investigated or responded to that message? Mr. Keenan noted that the note was provided with tonight's meeting materials. Mr. Lecklider stated that Council and staff would follow up on the topic. ADJOURNMENT TO EXECUTIVE SESSION Mr. Keenan moved to adjourn to executive session for personnel, legal and land acquisition matters at 9:40 p.m. Vice Mayor Lecklider 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; Vice Mayor Lecklider, yes; Mr. McCash, yes; Mr. Keenan, yes; Ms. Salay, yes. The meeting was reconvened at 10:40 p.m. and formally adjourned. ~a ~ Clerk of Council