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HomeMy WebLinkAbout09/07/2004 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BlANK, INC" FORM NO, 10148 September 7, 2004 Held 20 Mayor Chinnici-Zuercher called the regular meeting of Dublin City Council to order at 7:00 p.m. on Tuesday, September 7,2004 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, Chief Epperson, Mr. Harding, Ms. Puskarcik, Mr. Hammersmith, Mr. Bird, Mr. Hahn, Ms. Heal, Ms. Hoyle and Ms. Gilger. PLEDGE OF ALLEGIANCE Mr. Reiner led the Pledge of Allegiance. ADJOURNMENT TO EXECUTIVE SESSION Mayor Chinnici-Zuercher moved to adjourn to executive session for discussion of personnel matters. Ms. Salay seconded the motion. Vote on the motion: Mr. McCash, yes; Mayor Chinnici-Zuercher, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr. Keenan, yes; Ms. Salay, yes; Mr. Lecklider, yes. The meeting was reconvened at 7:25 p.m. APPROVAL OF MINUTES Mr. Lecklider moved approval of the minutes of the meeting of August 16, 2004. Ms. Salay seconded the motion. Mr. Keenan noted that his name was misspelled on page 6 and asked that this be corrected. Vote on the motion: Mr. Reiner, yes; Mr. Keenan, yes; Mrs. Boring, yes; Mayor Chinnici-Zuercher, abstain; Ms. Salay, yes; Mr. McCash, yes; Mr. Lecklider, yes. CORRESPONDENCE The clerk reported that no correspondence requiring Council action has been received. CITIZEN COMMENTS Mayor Chinnici-Zuercher announced that during tonight's Council Roundtable, a Council member would bring forward a motion to direct the Public Services Committee to undertake an information gathering, educational effort and ultimately a recommendation to Council regarding a no smoking ordinance. Many who have signed in to speak tonight have indicated that their topic is the proposed smoking ban. If the motion is approved, a Committee meeting date will be set. Those present tonight can contact the Clerk tomorrow regarding the date of the meeting. Ellis Edwards. 5680 Dublin Road. Dublin stated that he wants to convince Council to take the smoking ban legislation from the table and reconsider it. If the law passes, there is a better chance to live in a cleaner and healthier city with fewer dangers. Living in a smoke free City will help children grow up free of secondhand smoke. Those who are exposed to smoke may die of lung cancer, asthma, heart attack, smoke and sudden infant death syndrome. More people die from secondhand smoke than in car accidents, and more people die from involuntary smoking than from AIDS, murder, suicide or drugs. He urged Council to make Dublin smoke free. Devon Buckev. 371 Pebble Creek Drive, Dublin stated that he supports the indoor smoking ban in Dublin because both of her grandparents died from smoking before she was five years old. No one should have to be around the smell of RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC,. FORM NO, 10148 ::;eptemoer f, LUU4 t-'age L Held 20 smoke or cigarettes. She doesn't want to breathe secondhand smoke. She learned about the impacts of secondhand smoke in the D.A.R.E. program. If Council approves the indoor smoking ban, they will be helping everyone. Stacie Brown. 4470 Tuttles Point Drive, stated that she is a graduate of OSU and a supporter of Ohio's youth-led. anti-tobacco movement. She encouraged Dublin to approve a clean air ordinance, as Powell and Columbus have done. Passing this legislation would be a great way to show others the dangers of tobacco and secondhand smoke. She works with high school students as a college recruiter. Students receive mixed messages - they are told not to smoke, but tobacco use is accepted in the community. According to the Department of Labor, 40 percent of people have jobs in businesses that allow smoking, including bars, restaurants and bowling alleys. Many young people are limited to working in these environments, as they are the only jobs available. It's easy to downplay the effects of secondhand smoke, but the health threats are substantial. The occasional two-hour dinner in such an establishment exposes a person to the same amount of smoke as inhaling one cigarette. Workers in this community deserve protection from secondhand smoke. Young people would be more likely to patronize establishments that are smoke free. As a community and society, she urged Council to help protect the people by passage of the clean indoor air act. Susan Ganqer, 4574 Wuertz Court, Dublin stated that she is here to support the smoking ban and is pleased that the Committee will be discussing this. She is a clinic aide at a Dublin elementary school and believes the children deserve to have clean air while dining out with their parents. She agrees that a mixed message is given when smoking is allowed in restaurants and yet children are told not to smoke. Toni Snedecor, 5699C Briardale Court thanked Council for moving forward on this issue. It means a lot to her and her family. They want to enjoy the restaurants and events in Dublin and with passage of a smoke free ordinance, they will be able to do so. Steve Francis, Jr.. 8805 Davinqton Drive, Dublin stated that he attends Dublin- Jerome High School. He and his friends do not smoke and would like to patronize restaurants and movies without worrying about inhaling secondhand smoke. He urged Council to place the smoke free ban back on the agenda and approve it. Travis Nicely, 8855 Davinqton Drive. Dublin stated that he wants to have a smoke free environment. He dislikes the smoke in restaurants. He urged Council to vote for a smoke free environment. Mayor Chinnici-Zuercher congratulated the young people for coming forward and testifying tonight on this important issue. Council appreciates the information that has been shared. She encouraged them to log onto the City's web site for information about a future meeting date on this topic. Wallace Maurer. 7451 Dublin Road. Dublin commented: 1. At the last meeting, he had planned to address the Mayor's reactions to some of his comments at the previous meeting about expanding festival offerings in the City. The Mayor had responded that there are existing ethnic festivals in areas outside of the City. His point, however, was for Dublin to become a very vibrant center where there is an acceleration of understanding and illuminating information on how to develop ourselves to reach our destiny. He sees the potential for Dublin to become a unique City in the country because it will fulfill the particular destiny of this country which has been to have experiences from all areas come together to make a very enriching experience. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BlANK, INC" FORM NO 10148 :::ieptemoer (, 2004 Page 3 Held 20 2. He also said that he could become so excited about this idea that he would send messages in all directions - to Council, to Ms. Puskarcik and even to the City Planner. He recalls that the Mayor had responded that it was not necessary to send this proposal to the City Planner. 3. He has an issue with the potential of "throwing the entire City into a ;';'~.......,,4 constitutional crisis." He has one more piece of research to undertake on this prior to taking it up, hopefully, at the next meeting. LEGISLATION SECOND READING/PUBLIC HEARING - ORDINANCES CAPITAL IMPROVEMENTS BUDGET Ordinance 51-04 Adopting the 2005-2009 Five-Year Capital Improvements Program. Ms. Grigsby stated that a memo is included with the ordinance, which addresses some of the utility improvements discussed at the CIP workshop. In addition, an additional $800,000 for the doubling the bandwidth from 48 to 96 strands has been included. Staff is hopeful that the project can be implemented sooner, based on current discussions Vote on the Ordinance: Ms. Salay, yes; Mr. Lecklider, yes; Mr. Reiner, yes; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes; Mrs. Boring, yes; Mr. McCash, yes. ORGANIZA TlONAL CHART Ordinance 56-04 Amending the Organizational Structure of the City of Dublin and Adopting a New City of Dublin Organizational Chart. Ms. Brautigam noted that this ordinance effectuates the movement of the Deputy City Manager to the Department of Economic Development. Wallace Maurer, 7451 Dublin Road asked for clarification about the difference in the function and sphere between the Development Department and the Economic Development Department. He assumes that economic development looks to the future, watching for potentially creative development in the City versus the Development Department processing and applying established guidelines to proposed development. What was the rationale in the past of placing the economic development function in the Department of Finance? Was it because of a desire to have questions about potential development in view immediately next to the fiscal realities of the present? Ms. Brautigam responded that there were two reasons for this. Often, before the Planning Commission, the Director of Development was placed in an awkward position with one division - Economic Development - recommending one thing with regard to a particular application, and another division - Planning _ recommending another. This resulted in Mr. Ciarochi being in a position of conflict. Secondly, the growth of economic development in the City is tied to the fiscal obligations of the City. Because the Finance Department is intimately involved in fiscal matters, she felt that having those functions in close proximity would aid in economic development agreements and in encouraging companies to expand. This has worked well for the last year. Now, however, economic development has taken a new direction that includes a focus on technology. Council has adopted an updated 2004 Economic Development Strategy, which recommends that economic development be a top priority for the City. It was important to have a Deputy City Manager in charge of this function and she believes it is now in an appropriate place in the organization. Vote on the Ordinance: Mrs. Boring, yes; Mr. McCash, yes; Mr. Lecklider, yes; Mayor Chinnici-Zuercher, yes; Mr. Reiner, yes; Mr. Keenan, yes; Ms. Salay, yes. RECORD OF PROCEEDINGS Minutes of Dublin City Council MeetinL__ DAYTON LEGAL BLANK, INC,. FORM NO, 10148 Held 20 ECONOMIC DEVELOPMENT AGREEMENT Ordinance 57-04 Authorizing the Provision of Certain Incentives for Purposes of Encouraging the Expansion by Buckeye Check Cashing, Inc. of Its Workforce Within the City and Authorizing the Execution of an Economic Development Agreement. Ms. Gilger stated that the property lies in two counties, and Union County has rectified any outstanding tax issues with the township. Under this incentive agreement, Buckeye Check Cashing will purchase 7001 and 7003 Post Road and plans to create 159 new jobs. The incentive is tied to relocation and job growth. Ms. Brautigam acknowledged the efforts of Ms. Gilger as Interim Economic Development Director over the past few months. Vote on the Ordinance: Mayor Chinnici-Zuercher, yes; Mr. Keenan, yes; Mr. Reiner, yes; Ms. Salay, yes; Mr. McCash, abstain; Mr. Lecklider, yes; Mrs. Boring, yes. INTRODUCTION/FIRST READING - ORDINANCES BID ACCEPTANCE Ordinance 60-04 Accepting the Lowest/Best Bid for the Justice Center Sallyport Addition Project. Ms. Salay introduced the ordinance. Mr. Hahn noted that the staff report contains the results of the bid opening for this expansion. Mr. Lecklider asked about the planned use for the addition. Chief Epperson responded that the building is 10 years old. Since construction of the Center, the Division has acquired 15 bikes, 4 motorcycles, an evidence vehicle, and will soon have a command trailer - all to be garaged. The expansion will garage these vehicles and expand the sallyport. It will be all one area, and the design will allow using it as one large sallyport or partitioning it off for multiple uses. There will be a second reading/public hearing on September 20. Ordinance 61-04 Accepting the Lowest/Best Bid for the Fleet Center Floor Project. Mr. Lecklider introduced the ordinance. Mr. Hahn stated that this provides for the application of epoxy surfacing on the existing fleet center floor. The bid results are contained within the staff report. There were no questions. There will be a second reading/public hearing on September 20. Ordinance 62-04 Accepting the Lowest/Best Bid for the Shannon Glen Park Development Project. Ms. Salay introduced the ordinance. Mr. Hahn stated that this ordinance relates to park development for Shannon Glen. He offered to respond to any questions. Mayor Chinnici-Zuercher asked for clarification about the budgeted amount, the estimated cost and the actual bids. Mr. Hahn clarified that the actual low bid was $277,000 and the budgeted amount was $250,000. The estimated cost for the project was $242,739. Staff had underestimated the costs of the masonry walls. There will be a second reading/public hearing on September 20. Ordinance 63-04 Accepting the Lowest and Best Bid for the Dublin Police Command Post Trailer and Authorizing the City Manager to Enter into a Contract for Procurement of Said Commodity. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting_ __ DAYTON LEGAL BlANK, INC" FORM NO, 10148 ~eptemDer (, LUU4 t-'age b Held 20 Ms. Salay introduced the ordinance. Chief Epperson stated that the memo indicates that the bid is $8,000 under the estimate for the project. The bid from Farber was for a completely different type of trailer. The bid from Surrey will meet all of the requirements and will provide for a 39-foot trailer, which will be pulled behind the current evidence trailer. .-- There will be a second reading/public hearing on September 20. CITYITOWNSHIP AGREEMENT Ordinance 64-04 Authorizing the City Manager to Enter into an Agreement with the Board of Trustees of Washington Township, Located in Franklin, Delaware and Union Counties, Ohio for the City of Dublin to Provide Communication Services. Ms. Salay introduced the ordinance. Chief Epperson explained that this provides for an update of the dispatching agreement with Washington Township for fire and EMS services. There are not any substantial changes from the previous agreement. There will be a second reading/public hearing on September 20. ECONOMIC DEVELOPMENT AGREEMENT Ordinance 65-04 Authorizing the Provision of Certain Incentives for Purposes of Encouraging Hidaka USA, Inc. to Expand Its Workforce Within the City, Which Include Declaring Improvements to a Certain Parcel of Real Property to Be a Public Purpose, Describing the Public Infrastructure Improvements to Be Made to Benefit that Parcel, Requiring the Owner Thereof to Make Service Payments in Lieu of Taxes, Providing for the Franklin County Treasurer to Distribute Service Payments to the Dublin City School District in the Amount That the School District Would Otherwise Receive Absent the Exemption, Establishing a Municipal Public Improvement Tax Increment Equivalent Fund for the Deposit of Such Service Payments, and Authorizing the Execution of an Economic Development and Tax Increment Financing Agreement. Mr. Lecklider introduced the ordinance. Ms. Gilger explained that Hidaka is contemplating their third expansion in six years, adding 11,000 square feet on their existing facility. They plan to add 20 new positions. The economic development agreement is tied to receiving an occupancy permit for the expansion, to the addition of 20 jobs, and to receiving ISO certification. Mayor Chinnici-Zuercher stated that she is pleased to hear of this expansion. They have worked hard to remain in Dublin and are a good corporate member of the community. She added that they are a supplier to Honda, and Honda celebrates their 25th anniversary in Ohio this week. Ms. Gilger added that Hidaka is one of 14 Honda suppliers located in Dublin. Mr. Lecklider asked if a sidewalk would be included along Shier-Rings with this expansion. Ms. Gilger responded that the service payments from the TIF would be used for the widening of Shier Rings Road as well as the addition of a bikepath along their property. Ms. Salay asked if the bikepath would be completed prior to the road widening. Ms. Gilger responded that she does not believe the bikepath is programmed at this time. There will be a second reading/public hearing on September 20. INTRODUCTION/PUBLIC HEARING - RESOLUTIONS COLLECTIVE BARGAINING AGREEMENT Resolution 34-04 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BlANK, INC" FORM NO, 10148 Held 20 Authorizing the City Manager to Enter into a Collective Bargaining Agreement with the United Steelworkers of America Regarding Wages, Hours, Terms and Conditions of Employment for Employees within the Maintenance Worker, Signworker, Auto Mechanic, and Custodial Worker Bargaining Unit. ~ Ms. Salay introduced the resolution. Ms. Brautigam stated that the current contract expired in mid-July and staff has been working several months with the union representatives on this proposed contract. Staff recommends passage. 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. OTHER . Final Plat - Bishop's Crossing (04-035FP) Mr. Gunderman stated that this plat includes 105 single-family units on 47 acres, plus 7 acres of open space. A memo in the packet includes background information. Mr. Reiner stated that item #6 states that a detailed landscape plan showing the exact placement of the plant species along the frontage treatment was to be submitted prior to City Council scheduling. Has that been accomplished? Mr. Bird responded that it has. Mr. Reiner stated that because there are no landscape plans submitted to Council, it is difficult to comment. He assumes that this has been accomplished to the satisfaction of the Planning division. Mr. Bird stated that this is correct. Mayor Chinnici-Zuercher asked Mrs. Boring if there was an expectation that the landscape plans would be in the Council packet for Council's review. Mrs. Boring responded that she had assumed that the landscape plans would be included in the package provided to Council. This has been the usual practice. Mr. Bird stated that he does not know why the plans were not included. However, staff has advised him that the plans had been submitted, reviewed and approved. If Council would like to review those plans, they can be made available to Council. Mayor Chinnici-Zuercher stated that in the future, Council would like to have the landscape plans included in the packet. Mr. Lecklider asked about the split rail fence to be installed along the property line. It appears to be a substantial length of fence. Whose ultimate responsibility will it be to maintain this fence? He assumes it will be the homeowners association. Mr. Bird agreed. Mr. Lecklider added that he is sensitive to the fence issues given the current situations with fences and entry features throughout the city and the burden to the homeowners association for maintenance. In this particular case, there is a forced and funded association, but he would prefer that in the future, entry features be as maintenance free as possible to reduce the burden on homeowners associations. Ms. Salay moved approval of the final plat. Mr. Lecklider seconded the motion. Vote on the motion: Ms. Salay, yes; Mr. Lecklider, yes; Mr. Reiner, yes; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes; Mr. McCash, yes; Mrs. Boring, yes. . Final Plat - Tartan West Section 2 (04-026FDP) Mr. Bird stated that section 2 contains 48 single-family cluster lots on 20 acres, plus 10 acres of open space. There is a memo accompanying the plat. RECORD OF PROCEEDINGS Minutes of Dublin City Council MeetinL __ --._-- DAYTON LEGALBlANK,INC" fORM NO 10148 t-'age r ~._- ~eptember (, LUU4 Held 20 Mr. McCash noted that he had understood that the residential appearance code requirements did not apply to developments already in process. Why is Condition #8 included? Mr. Smith responded that at the time this development was in process, the principals of Tartan West and their attorney agreed to abide by these standards ~..-,oI and entered into an agreement to do so in conjunction with the rezoning. Mr. Keenan moved approval of the final plat. 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; Mr. Lecklider, yes. . Final Plat - Tartan West Section 3 Subarea I (04-024FDP) Mr. Bird stated that this contains 29 single-family cluster lots on 8.5 acres plus 2.5 acres of open space. A memo accompanies the submittal. Mr. Keenan moved approval. Mrs. Boring seconded the motion. Vote on the motion: Mr. Keenan, yes; Mr. Reiner, yes; Mr. McCash, yes; Mrs. Boring, yes; Mayor Chinnici-Zuercher, yes; Mr. Lecklider, yes. . Request from Ohio Premier Soccer Ms. Brautigam stated that a letter was received requesting that the City provide a free trailer containing portable restrooms and a dumpster for a soccer tournament to be held at Darree Fields on September 18-19. The Special Events staff reviewed this request and responded that they have no authority to fund items for special events not conducted by the City. The group has now sent the request to City Council. Staff recommends denial of the request, as once these benefits are provided to one event organizer, others will come forward requesting the same support. Mayor Chinnici-Zuercher stated that she has previously received inquiries about restroom availability at Darree Fields. Would the event organizer be required to provide the portable restrooms, whether or not the City pays the expense? Ms. Puskarcik stated that the City does not require that the event organizer provide additional restrooms. The City does require that they provide handicapped parking, based upon the attendance numbers. The City does give the event organizer guidelines for restrooms needs for the event, but the event organizer is responsible for paying for the associated expense of the portable restrooms. Mayor Chinnici-Zuercher clarified that the City provides them with guidelines, but these are not mandatory. Were the restrooms provided previously at their own expense? Ms. Puskarcik stated that she does not know. Mr. Keenan stated that the letter mentions the need for an added facility at the west end of the park for safety, shelter and sanitation. The issue here is that this is a female soccer club tournament with 5,000 participants, and the organizer is trying to accommodate those needs. If the facilities were completed, this would not be an issue. Mayor Chinnici-Zuercher responded that these additional facilities are not programmed for two years. There will be many tournaments held prior to the time the facilities are available at Darree Fields. Mr. McDaniel stated that his view is that if they schedule an event on City owned property, they should provide the support facilities. They can cover this expense in the fees. Mr. Lecklider asked if they are currently charged a fee for using the fields. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meetin~__ DAYTON LEGAL BlANK, INC" FORM NO, 10148 Held 20 Mr. McDaniel stated that the City does not charge a fee at this time. Under the agreement with DSL, they are allowed to conduct tournaments. Under the new agreements, the City will have tighter control than what it has had in the past. "" , Mr. Lecklider stated that this is a large event and he assumes it will bring a large ......"',"''d!i amount of revenue to the organizer. Mr. McDaniel stated that he felt it was inherent in their fee structure to provide for these costs. Mr. Lecklider pointed out that at the same time, this event does fill a lot of hotel rooms in the City, generating hotel/motel tax revenues and other economic impact to the community. Mr. McDaniel stated that this is a temporary situation and the facilities will be available at that end of the park within a couple of years. Ms. Puskarcik added that in the past, when event organizers submitted hotel/motel tax applications, the grants were used to cover these expenses. Staff has communicated to event organizers that the hotel/motel tax grant monies are very limited at this time. Ms. Salay noted that she had a conversation with Ruth Rudibaugh, Tournament Director, today. Ms. Rudibaugh feels strongly that there is a need for safety and shelter on the fields due to potential storms. Ms. Salay responded to her that parents should not drop their children off in threatening weather. In addition, Ms. Salay and her family attend many tournaments where there are no restrooms available other than portable restrooms. She supports the staff recommendation. Mr. Reiner moved to deny the request. Mrs. Boring seconded the motion. 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. CITY MANAGER/STAFF REPORTS . Political Signs Ms. Brautigam reported that the Code Enforcement officer has recently received complaints about political signs in yards. The Dublin Code allows political signs to be posted for the 30 days prior to an election. While they are requesting enforcement of the provisions of the Code, legal staff has determined it is unenforceable. Staff is requesting that Council direct them to draft legislation to bring the Dublin Code in compliance with Ohio law. Mayor Chinnici-Zuercher asked when the state law was amended. Mr. Smith responded that three years ago, legal staff provided a memo to Council regarding the political signage and the case law from the Painesville, Ohio case which provided that time limits on political signage are not constitutional. At that time, there was not a presidential election in process and Council chose not to change the Dublin Code. This matter arose again due to requests from citizens . that Dublin enforce the provisions of its current Code. Mayor Chinnici-Zuercher moved to direct staff to draft legislation to bring the Dublin Code into compliance with Ohio law concerning political signs. Ms. Salay seconded the motion. Vote on the motion: Ms. Salay, yes; Mr. Lecklider, yes; Mr. McCash, yes; Mrs. Boring, yes; Mayor Chinnici-Zuercher, yes; Mr. Reiner, yes; Mr. Keenan, yes. Mayor Chinnici-Zuercher asked that this be done as quickly as possible, due to the national election in process. Mr. Smith responded that staff would draft legislation for the September 20 Council meeting. RECORD OF PROCEEDINGS Minutes of Dublin City Council MeetinL-__ DAYTON LEGAL BlANK, INC" FORM NO, 10148 "-.-0._- -- -- Held 20 . Community Services Advisory Commission - Cemetery Park Expansion Recommendations Mr. Hahn stated that the report from the Commission was included in the packet. The issue was discussed at two meetings and he summarized their findings: 1. If the City were to expand the existing cemetery, the expansion should be ~..".,," adjacent to it - specifically, the lots on the east side of Monterey Drive. They acknowledged that they are not certain this is the most appropriate land use in that area, but they believe that purchase of the lots would benefit the community and that a cemetery may be an appropriate use versus the current land use. 2. Some of that land may also be appropriate for parkland use. Mr. Reiner asked for the specific location of the four lots. Mr. Hahn responded that they are just south of the Duchess gas station at the corner of Monterey and Bridge Streets. Each of them is ~ acre and contains a duplex unit, most of which are rental units. Mayor Chinnici-Zuercher noted that they are not well maintained. The other side of the street has similar housing, but it is not adjacent to the cemetery. If the recommendation is accepted to purchase the land, is the estimated cost in fact $774,000? Mr. Hahn responded that the figures are what should be expected, based upon discussions over the years. He added that a discussion item was whether it was a reasonable expectation for the fee structures to be set in a manner to recoup the direct costs of an expansion. Based on staff's review of the numbers, it was determined that the expansion should not be done with the expectation of recouping all of the direct expansion costs from the users. The market rates and revenues expected from the sale of cemetery plots would not support the costs of the expansion. Mayor Chinnici-Zuercher asked about the number of cemetery plots that would be added with the expansion as proposed. Mr. Hahn responded that the four lots represent two acres that would yield 500 plots; if 50 percent were used for parkland, 250 plots would be added. Mr. Keenan stated that he has spoken to several Waterford residents in recent months and they have done an informal survey. They are in favor of the expansion of the cemetery on the east side of Monterey and in addition, they would like to see some more parkland on the other side of Monterey that would enhance their entryway. Mayor Chinnici-Zuercher pointed out that this proposal relates to the east side of Monterey only. Mr. Hahn added that there was discussion regarding both sides of Monterey and the residents hope to see a more desirable use than currently exists. Ms. Salay asked about the land acquisition cost estimates. How have those been computed? Mr. Hahn responded that in the last ten years, there have been two appraisals conducted by the City on two of the properties, and there have been negotiations with two of the landowners. The assumptions are based on those previous appraisals and discussions. There has been no appraisal or discussion with landowners in the past three years. Mr. Reiner asked if other municipalities in Ohio are in the cemetery business. Mr. Hahn responded that there are some, although it is not common and most are in the business by default, similar to Dublin. Staff surveyed some of those cities regarding their fees for active cemeteries. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC" FORM NO 10148 ~eptemDer {, LUU4 Page 1 U Held 20 Mr. Reiner asked if Upper Arlington, Westerville or Worthington have City cemeteries. Mr. Hahn stated that he is not aware of any. Mr. Reiner asked about the cost per gravesite, based upon the estimates. Mr. Hahn responded that, with certain assumptions - such as the ratio of non- resident versus resident sales remaining at 18 percent and 82 percent - the estimate per grave site to cover the direct costs of the expansion would increase from $750 to $1,200 for residents and from $1,800 to $2,900 for non-residents Mr. Reiner noted that the maintenance costs are estimated at $50,000 per year for mowing the existing cemetery. Mr. Hahn responded that part of the existing fee structure by design is for the ongoing maintenance. Mr. Reiner stated that he believes the City should not be in the cemetery business in the future, based on the costs and the limited service provided. Mayor Chinnici-Zuercher asked if he is then recommending that the cemetery remain as it exists and that the City not pursue the recommendation of the Commission. Mr. Reiner confirmed this. Mrs. Boring noted that she tends to agree with Mr. Reiner, but commented that if someone came to the City with a request to establish a cemetery, what is the likelihood they would receive zoning approval? There is some comfort for long- time residents to know that there is cemetery space available. Mr. Reiner commented that he cannot imagine that the City would not approve zoning for a for-profit cemetery. Mr. Keenan responded that the City has not approved zoning for a funeral home to date. Some have suggested to him that a funeral home would be an appropriate use for some sites in the City. Mr. McCash stated that some are expressing concern about the estimated costs for gravesites in order to recoup the direct costs of acquisition. A for-profit cemetery would incur even more costs. If 82 percent of the sales are to Dublin residents, this is a service and need for the residents. Having a City-owned cemetery would ensure that future maintenance would be provided by a local government versus a for-profit corporation whose interests are different. Mr. Keenan stated that given the fact that there is an existing cemetery, and that this addition would provide gravesites for the next 10-15 years, the City should take advantage of this opportunity. Mr. McCash agreed that the City should plan for this expansion. Mr. Keenan added that the existing cemetery land is well cared for, the use enhances the ambiance of the area, and it is attractive. It provides a sense of place for the community. Mr. Reiner stated that he is not certain that the taxpayers should be burdened with this permanent expense. While it is a convenience and option for residents, it is a burden to taxpayers for the future. Mayor Chinnici-Zuercher stated that the issue in Dublin is that there is no other cemetery, so residents are forced to go to another community for a cemetery. If someone does not have a religious affiliation, there are no options for a family. It seems unreasonable for Dublin residents to be required to go to other RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting_ __ DAYTON LEGAL BlANK, INC" FORM NO, 10148 -.._-- September 7,2004 Page 11 Held 20 communities for these services. She agrees that if Dublin did not have an existing cemetery, the issue of creating one would have to be examined. But given that the adjacent properties are unsightly and that something should be done, this would be a way to address the issues. Ms. Salay agreed with the Mayor and Council Member McCash that because the City is already in the cemetery business, it is a reasonable proposal. Many people who live in Dublin appreciate the fact that there is a cemetery available in their City. There are issues related to the maintenance of the existing adjacent properties. In terms of the option of having land in the Historic District area for either parkland or cemetery expansion, this is a good opportunity. She supports the recommendation from the Commission. Mr. Keenan moved to direct staff to begin to build into the budgets the ultimate purchase and development of the four properties along the east side of Monterey Drive, adjacent to the cemetery, per the recommendations of CSAC, and to investigate the acquisition of the rental properties on the west side of Monterey Drive (directly across from the four properties on the east side) for future parkland. Ms. Salay seconded the motion. Vote on the motion: Mrs. Boring, yes; Mr. Reiner, no; Mr. Lecklider, yes; Mr. McCash, yes; Mr. Keenan, yes; Ms. Salay, yes; Mayor Chinnici-Zuercher, yes. COUNCIL COMMITTEE REPORTS/COUNCIL ROUNDTABLE Mr. Reiner: 1. Thanked City staff and Council who attended the opening of the modern roundabout at Avery-Muirfield and Brand. It is a wonderful addition to the community. He acknowledged the efforts of staff in executing something very progressive and a model for other communities to follow. 2. Commented that he could support a parkland/cemetery combination, similar to what is done in central Europe. He asked that Council and staff consider this option in future planning efforts for the expansion. Mr. McCash, Administrative Committee Chair reported that the Committee met with staff on August 30 for an update on the impact of benefit plan changes in reducing costs. At this point, based upon the savings generated from plan changes, staff is not recommending implementation of an employee contribution. Instead, they are considering various plan modifications and adjustments to control costs. They anticipate an estimated $1 million in cost savings, based upon the information provided to the Committee. The Administrative Committee asked that they keep the Committee apprised of the progress as changes are made to the plan. Mr. Keenan echoed Mr. Reiner's comments about the roundabout. It is functioning well and he is looking forward to the construction of the City's next roundabout at Dublin and Brand roads. Ms. Salay: 1. Commented that her neighbor, a school bus driver, had complained about the modern roundabout. The neighbor encountered staff member Jeannie Willis at the pool who was able to convince her of the increased safety at the intersection with implementation of the roundabout. She commended Ms. Willis for her excellent communication skills which helped this resident to understand and accept the roundabout. 2. Congratulated everyone who was involved with the operation of the new pool this year. It was fabulous throughout the entire season. 3. Congratulations to Mr. McDaniel on his new position with the City! RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BlANK, INC" FORM NO 10148 ::;eptemoer (, ~UU4 page 1 ~ Held 20 Mr. Lecklider: 1. Reported that he has enjoyed using the new roundabout and is looking forward to the construction of future roundabouts at Dublin/Brand and potentially other locations in the City. 2. Moved to refer to the Public Services Committee the task of overseeing ~._.....,41 the collection of information and facts related to a no smoking ordinance. He called for discussion of his motion about providing direction to the Committee, i.e., what type of information they should collect. Ms. Salay is the Chair of the Committee and members are Mr. McCash and Mr. Reiner. Ms. Salay seconded the motion. Mr. Lecklider noted that, personally, he would like the following information to be reviewed: . Information about other ordinances throughout the state and outside of Ohio . Information regarding potential legal challenges to the Columbus ordinance Beyond this, the direction should be a matter of consensus. He views this assignment as one of gathering information, and would leave it to the Committee's discretion to determine what, if any, public testimony is necessary from those in favor of and opposed to a smoking ban. Mayor Chinnici-Zuercher noted that she discussed the smoking ban with Lou Briggs, Worthington City Council. The ordinance is before the Worthington Council this evening, but she is not certain what the outcome will be. She shared that the process they used included a town meeting that was publicized substantially. They had a small turnout, and had only one person who testified in opposition to the ban. The Chamber sponsored a meeting of their members and 25 attended, with one person testifying against the smoking ban. These may be options that the Public Services Committee would want to consider. Mr. McCash noted that he has some questions. He was concerned with children testifying tonight, and working on behalf of Smoke Free Columbus. He finds it disturbing that children would be used in this political process to garner headlines to influence the Columbus referendum. In referring this to the Public Services Committee, he understands the purpose would be to review the various ordinances and options available to develop a smoking ban/indoor air ordinance that will work for Dublin. However, he is concerned that some who were attending tonight were left with the impression that Dublin will be considering the Columbus ordinance at the committee level in order to take action in September or October. His understanding is that the ordinance introduced is not being removed from the table, but that the committee is gathering information in order to develop an ordinance that will ultimately come back to Council. Mayor Chinnici-Zuercher responded that Dr. Crane understands that this is the intention. Mr. Lecklider agreed that his intention is not to leave the impression that Dublin will vote on a measure prior to the November 2nd election. Further, no one should presuppose what the vote will be, post November 2nd. Mayor Chinnici-Zuercher stated that there was some confusion about Dublin's process prior to discussions today. Mr. McCash noted that he prefers that the Committee's educational process not entertain testimonies regarding the impacts of secondhand smoke. The committee will be seeking information on the various ordinances and options available, not information on the health issues of smoking. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BlANK, INC" FORM NO 10148 ::>eptemoer r, LUU4 t-Jage 1;:S Held 20 Mr. Lecklider commented that he believes that the committee has discretion on their process, whether they request information from staff or whether they desire public testimony during their meetings. Mr. McCash noted that another concern is that one of the supporters of the smoke &,..-"," free ordinances is Bob Evans Restaurants. He found it surprising that the Bob Evans restaurants themselves are not 1 00 percent smoke free. He is disappointed that someone supporting Smoke Free Columbus would not take the initiative to make their restaurants 1 00 percent smoke free without government intervention. Ms. Salay commented that perhaps the issue is related to having a level playing field and believing that their industry needs to provide options for their customers. She would not want a company to be singled out without understanding their rationale. Mayor Chinnici-Zuercher commented that the process that advocates typically use is what Smoke Free Columbus is in fact doing. Those who are opposed to a ban have the same opportunities for advocacy, but they have not taken action at this point. Perhaps they are focusing on Columbus versus the region. Ms. Salay commented that some young people have strong beliefs on various issues and are willing to come forward and testify before their city councils. Mr. McCash stated that his concern is not necessarily for or against the smoking ban. His concern is that Dr. Crane's letter focuses on convincing the suburbs to take the issue off the table to support a political issue in Columbus. Mrs. Boring noted that she received a letter about other options for ensuring clean air and an e-mail from another opposed to the ban. She asked for the rationale in sending this to a Council committee versus an advisory commission. The political pressure on elected officials would be more intense than that for appointed advisory commission members. Mr. Lecklider responded that is the very rationale for doing so. He views this as the most efficient means of gathering the information. The goal is to bring this to a vote after November 2. In terms of timing, this can be accomplished more easily by Council in the timeframe desired versus an advisory commission. Mr. McCash agreed. The ordinance is tabled until the meeting following the general election, and he would prefer to have a recommended ordinance to vote on at the earliest date possible following the general election. This is the best way to accomplish this goal. Mr. Keenan added that he would suggest the following information be provided to the Committee: . Executive summaries of various options in terms of ordinances . Options regarding patios, indoor/outdoor restrictions, how to enforce these restrictions, constitutionality issues, private clubs versus non-private clubs He added that he wants to ensure that the business community has the opportunity to provide input Mayor Chinnici-Zuercher added that the committee would determine whether they want to have a Chamber-sponsored meeting of their membership for discussion of the matter, a town meeting, or any other options for public dialogue. Vote on the motion: Mrs. Boring, no; Mr. McCash, yes; Mayor Chinnici-Zuercher, yes; Mr. Reiner, yes; Mr. Keenan, yes; Ms. Salay, yes; Mr. Lecklider, yes. RECORD OF PROCEEDINGS Minutes of Dublin City Council MeetinL __ DAYTON LEGAL BlANK, INC" FORM NO, 10148 --._--- Held 20 Mayor Chinnici-Zuercher thanked Ms. Gilger for all of her efforts as Interim Economic Development Director and congratulated and welcomed Mr. McDaniel to his new position. ADJOURNMENT TO EXECUTIVE SESSION --""'4 Mayor Chinnici-Zuercher moved to adjourn to executive session for legal and land acquisition matters at 9:05 p.m. Mayor Chinnici-Zuercher noted that the meeting would be reconvened only to formally adjourn. No further action will be taken. Ms. Salay seconded the motion. Vote on the motion: Mrs. Boring, yes; Mr. Reiner, yes; Vice Mayor Lecklider, yes; Mr. McCash, yes; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes; Ms. Salay, yes. The meeting was reconvened at 10:15 p.m. and formally adjourned. .u ~ ~ Clerk of Council ~,.,. ,-~ -....,>, !jI.f-' ~--