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HomeMy WebLinkAbout11/06/2006RECORD OF PROCEEDINGS Minutes of -- _- __~Ub11rrCity£~ancit- BLANK. INC.. FONM NO. 10148 Held November 6, 2006 Meetin Mayor Chinnici-Zuercher called the Monday, November 6, 2006 Regular Meeting of Dublin City Council to order at 7:00 p.m. at the Dublin Municipal Building. PLEDGE OF ALLEGIANCE Vice Mayor Lecklider led the Pledge of Allegiance. ROLL CALL Present were: Mayor Chinnici-Zuercher, Vice Mayor Lecklider, Mrs. Boring, Mr. Reiner and Ms. Salay. Mr. Keenan and Mr. McCash were absent (excused). Staff members present were: Ms. Brautigam, Ms. Grigsby, Mr. Smith, Mr. Ciarochi, Chief Epperson, Mr. Hammersmith, Mr. Hahn, Mr. Harding, Ms. Ruwette, Mr. Burns, Mr. Earman, Ms. Ott, Mr. Gunderman, Ms. Adkins, Ms. Hoyle, Ms. Puskarcik and Mr. Dunn. I ~i I~ APPROVAL OF MINUTES ~i Vice Mayor Lecklider moved approval of the minutes of the October 16, 2006 Council meeting. Mr. Reiner seconded the motion. Vote on the motion: Vice Mayor Lecklider, yes; Ms. Salay, yes; Mayor Chinnici- Zuercher, yes; Mrs. Boring, yes; Mr. Reiner, yes. ~ CORRESPONDENCE The Clerk reported a Notice to Legislative Authority was received regarding a new D5 liquor permit from Average Joe's Grill & Pub to be located at 3880 Hard Road. Council had no objection to the issuance of this permit. SPECIAL PRESENTATIONS/PROCLAMATION • Veterans Week 2006 Mayor Chinnici-Zuercher stated that Veterans Week this year is November 6-12. Veterans Day is observed on Friday, November 10. Recently, a special committee has been working on the creation of a Veterans tribute to be located within the City. The selected site for the project will be dedicated on Friday, November 10. Groundbreaking for the project is scheduled for Memorial Day 2007 with dedication of the project to occur on Veterans Day 2007. Members of the Veterans Project Committee include: Council members Mike Keenan and John Reiner; community members Gene Bostic, Fred Dafler, Jody Davids, Bill Doty, Mark Emerson, Les Gates, Dave Hinds, Michael Kehoe, Ken Klare, Mack Parkhill, Jim Richards, Alex Rozanski, and Bill Ulrey; City staff members Marsha Grigsby, Fred Hahn, Dana McDaniel, and Sandra Puskarcik; and Dublin Arts Council Director David Guion. The Artists Professional Panel members ~,I include: Jane Amidon, Marcia Evans, Irene Finck and Karen McCoy. ii ~I Mayor Chinnici-Zuercher presented a proclamation to the Committee members in I~' recognition of "Veterans Week" in the City of Dublin. Mr. Parkhill accepted the proclamation on behalf of the committee and all of the veterans within the community. He noted that all branches of the nation's armed forces are represented by the members of the committee and span the time period from World War II to the War in Iraq. He thanked the City for providing the seed money for the anticipated Veterans project in the City of Dublin. CITIZEN COMMENTS Wallace Maurer, 7451 Dublin Road: 1. Stated that at the last Council meeting, Council approved an agreement with Halcyon. He had asked what the name "halcyon" meant. He has since learned that the name refers to a bird, a kingfisher. The word dates back to an early Greek myth about a heroine named Halcione and her husband, Ceyx who tragically drowned and were changed by the gods into kingfisher birds. The owner of the company indicated to him that the name toda carries the connotation of bein entle tender and Garin He Y g9 9 ~ believes that is a fine name for a company. ~~~ 2. Inquired if he was entitled to a rebuttal to Council's comments at the past two ~! Council meetings. 'III Mayor Chinnici-Zuercher responded that Council has made it clear that they will no longer accept public comments about the terminated employee regarding whom Mr. RECORD OF PROCEEDINGS Minutes of He LEGAL BLANK, INC.. FORM NO. 10148 _ - -Dublin-City Ceune'tf November 6, 2006 Meetin ~ Page 2 Maurer has spoken over the past several years. 1 1 1 Mike Hufford 6303 Payton Street Dublin Miracle League Playground Committee stated that he is present on behalf of Leadership Dublin. He would like to thank Council for their support of the Miracle League Playground. He provided a brief update on fundraising efforts. The committee experienced a successful fundraiser recently at Tartan Fields. They have raised approximately $46,000 after expenses, and have approximately $58,000 in secured in-kind services. They have technically raised $205,000 of the goal of $275,000 and anticipate having the field completed in spring 2007. The City of Dublin has received much recognition for their efforts on behalf of families and children with disabilities. LEGISLATION POSTPONED ITEMS Resolution 70-06 Intent to Appropriate a 3.449 Acre, More or Less (Present Road Occupied), Fee Simple Interest, From Lawrence Hall and His Unknown Heirs, Legatees and Devisees, Located West of U.S. Highway 33 and North of State Route 161 (Post Road), Township of Jerome, County of Union, State of Ohio. Mr. Smith stated that Resolutions 70-06 and 71-06 will enable the process to begin for land acquisition for the interchange and relocation of Industrial Parkway at Eiterman Road. The legislation was introduced six weeks ago and was tabled to permit additional legal and staff reviews. As one of the developers has stated, the best that can be achieved in this case is that the parties "agree to disagree." It is City staff's opinion that the current design will result in the best road interchange and construction. It is truly a community health, safety and welfare issue. There will be additional legislation to follow for land acquisition. The first two, Resolutions 70-06 and 71-06, relate to an easement being changed to City right- of-way. John Wirchanski, 160 Franklin Street, Dublin, stated that he is Lawrence Hall's grandson. In his opinion, this resolution is a referendum on the US 33/161 interchange. He attended a lengthy meeting earlier today with Duke Realty, the City Engineer and the City Attorney. The conclusion he drew from that meeting is that the City Engineer's office is unwilling to consider any alternative to the current interchange design and has no authorization from Council to do so, irregardless of the potential cost savings. The cost savings of an alternative configuration could be well into eight figures. The cost estimate of this interchange design has more than doubled since the initial estimate of $20 million was announced. The final cost will exceed $50 million. It is also very evident that City staff has grossly underestimated the damage to the affected property owners, primarily to his and to Mr. Skilken's. He hopes with Council's oversight in this manner that a compromise can be reached in the near future. Mr. Smith responded that he believes the $50 million cost estimate that Mr. Wirchanski has referenced includes additional improvements on SR 161 and Hyland-Croy Road. The cost estimate for the interchange only is in the range of $23 million. He asked Ms. Grigsby to confirm. Ms. Grigsby confirmed that the $50 million project estimate includes road improvements other than the interchange itself. Mr. Smith noted in reference to Mr. Wirchanski's comment that staff has underestimated the damage that will occur to his and the Skilken property, Mr. Wirchanski will be paid for any of his property that is taken in order to build the interchange. The City will also pay for residual damages. The appraisals are anticipated in the near future. Discussion of this project began in 2001, and staff has been working on it over the past 18 months. The State of Ohio and City consultants have reviewed alternative designs, including those suggested by Mr. Wirchanski and his consultants. It has been determined that the safest, most economical and best design to meet the traffic needs is the current design submitted to Council. Mayor Chinnici-Zuercher asked for confirmation that alternative designs had been considered by the Ohio Department of Transportation, and that they are recommending the design previously endorsed by Council. Ms. Brautigam confirmed that other designs were reviewed and this is considered the RECORD OF PROCEEDINGS Minutes of _ dub{it~Counc~~ 10148 November 6, 2006 Meeting Page 3 premier alternative. Wallace Maurer. 7451 Dublin Road stated that in the last line of the second paragraph on page two of staff's memo of explanation, the word "owned" should be "owed." He inquired if the two properties are adjacent or nearly adjacent to each other. Mr. Smith responded that the land in question is already an existing easement, which is the reason for the description of "present road occupied." The easement will be taken as right- of-way, which the City will then own. Mr. Maurer inquired if the appraisal amount will be the same for both properties. Mr. Smith responded that the ODOT guide for compensation is the same for all land in this category, with a nominal compensation of $1.00 - $10.00. I Mayor Chinnici-Zuercher inquired if the recommended design would provide the City with an acceptable level of service for the intersection through year 2020 or 2030. Mr. Hammersmith responded that ODOT requires a level of service "D" at the adjoining intersections, particularly at the ramp terminals. Recently, ODOT approved the use of a roundabout at ramp terminals. That will provide the opportunity for scalability or future expansion beyond the 25 year horizon. Roundabouts will provide a service level "C." Vote on the Resolution: Mr. Reiner, yes; Mrs. Boring, yes; Mayor Chinnici-Zuercher, yes; ~ Ms. Salay, yes; Vice Mayor Lecklider, yes. ~ Resolution 71-06 Intent to Appropriate a 0.893 Acre, More or Less (Present Road Occupied), Fee Simple Interest, From Adria Laboratories, Inc., and Its Unknown Successors, Transferees and Assigns, Located East of Industrial Parkway and North of State of Ohio. Route 161, Township of Jerome, County of Union, State Mr. Smith noted the explanation provided for Resolution 70-06 applies to Resolution 71- 06 as well. Vote on the Resolution: Ms. Salay, yes; Mr. Reiner, yes; Mayor Chinnici-Zuercher, yes; Mrs. Boring, yes; Vice Mayor Lecklider, yes. Resolution 76-06 Authorizin the City Manager to Enter into a Contract with The Ohio State i g ii University for Placement of Masters of City and Regional Planning Candidates as Interns with the City of Dublin. Ms. Brautigam stated that at the last meeting, Council identified a number of concerns with the proposed contract. The resolution was postponed until tonight's meeting with I e resent to t n re resentative for the Masters ro ram wou d b the antici ation tha a OSU p p 9 P p res and to Council's concerns. The OSU contact Ms. Morrow-Jones, was not available p this evening. She is, however, available for the December 11 meeting; therefore, staff recommends that this legislation be postponed to December 11. Mr. Reiner moved to postpone Resolution 76-06 to December 11. Vice Mayor Lecklider seconded the motion. Vote on the motion: Mrs. Boring, yes; Mr. Reiner, yes; Ms. Salay, yes; Vice Mayor Lecklider, yes; Mayor Chinnici-Zuercher, yes. SECOND READINGPUBLIC HEARING -ORDINANCES Ordinance 65-06 Amending the Dublin Codified Ordinances to Adopt Chapter 100 Regarding the Regulation and Franchising of Cable Television Service and Regulation of Competitive Video Service. (Project Lightspeed) Ms. Brautigam stated that it is necessary to revise the City's Code to permit agreements other than cable franchises, such as the proposed agreement with AT&T for Project Li hts eed. 9 p I! Vice Mayor Lecklider stated that previously, in regard to the WOW cable agreement, he inquired about the responsibility of alternative vendors to provide the same capability as Time Warner for a government information channel or community bulletin board. Wouldn't other vendors, such as AT&T, be obligated to do so? He requested I', clarification. RECORD OF PROCEEDINGS Minutes of _ Dublin£ity Council- DAYTON LEGAL BLANK. INC.. FORM NO 10148 ~~ November 6, 2006 Held ~- _ _- Meeting Page 4 Mrs. Boring noted that WOW does provide a community bulletin board now, but it does not provide a government channel for the broadcast of community meetings or events, such as Time Warner provides for Dublin. 1 Ms. Brautigam suggested that staff report back to Council on what the various vendors provide. Greg Dunn, Schottenstein, Zox and Dunn responded that at this time he cannot clarify what the current vendors carry. However, the proposed legislation does contain the provision for government access and programming, should the City desire it. Typically, it is not an issue, as there is low impact on the provider in running programs created by others. The objection would be to providing the ability to create the programming. Project Lightspeed will provide a government channel to run government programming and information. Vice Mayor Lecklider inquired the reason WOW did not initially provide a government information channel. Also, is there not an obligation for all the carriers to provide minimum content for the viewers in the City? As Dublin becomes served by multiple carriers of video service, it seems important to ensure that all the vendors provide a channel for government programming. If that obligation does not currently exist, how could it be ensured in the future? Mr. Dunn responded that he would be able to provide information to Council in two weeks regarding what the current providers carry and what their obligations are. It is his understanding that there is an existing access requirement. He was not aware until tonight that WOW had not done so in Dublin. He is aware that WOW provides community information on a channel in the City of Worthington, where he resides. 1 ~,~ Vice Mayor Lecklider stated that Mrs. Boring has indicated that WOW does provide the ~' access to Dublin residents at this time, although they did not do so initially. His concern is that the City is able to ensure in the future that all vendors carry community '~ programming. Mr. Dunn responded that this ordinance would require all providers to carry public '~, education and provide governmental access. Mr. Reiner requested clarification on why this legislation is necessary for AT&T. Will this allow them to avoid existing federal regulations? Mr. Dunn responded that AT&T is in a competitive situation where the "triple play" of cable companies -internet access, voice over internet and video services -- is impacting them. AT&T is a telephone company, but they need to be able to provide similar products as a cable company. They have been workin at four levels to accom lish this 9 p - at the state, through the Courts, Congress and the Federal Trade Commission. Thus far, they have been unsuccessful both in Ohio and at the federal level in having their internet service exempted from local regulation. However, AT&T has indicated the will Y accept local regulation, if they can obtain approval of a video competition agreement. AT&T does not believe the constitute what is defined as a cable com an .The do not Y P Y Y want to compromise their legal position, which they have established over some period of tim e. Althou hit is his o inion the are in fact I a cab a service he does not want 9 P Y Dublin to be re uired to wait until the matter is full ad'udicated. AT&T is willin to q Y J 9 r vi o de a hi h ualit service to the communit now -- if D p ublin will identif it as a 9 q Y Y Y competitive video service. This Code amendment will serve to "level the playing field." Whatever the identification, AT&T will be required to provide public access, wire the III schools, and pass along five percent to the City, as outlined in the staff memo. Those are things the City has identified as essential to be able to serve the community. Although AT&T may avoid some federal regulations, they are not regulations of any value to the Cit . In hi ' s o inion because AT&T has a reed to Dublin s re uirements Y P ~ 9 q , the City achieves a better outcome with this process. Mr. Reiner stated that although elimination of those federal regulations does not negatively impact Dublin, do any of those regulations involve scrutiny of programming on I, behalf of children? Is there anything of potential concern to parents? Mr. Dunn responded that he is not aware of any. Much of that type of regulation for cable television was already removed. AT&T has agreed to provide a parental control device. RECORD OF PROCEEDINGS Minutes of DAYTON LEGAL BLANK. INC.. FORM NO. 10148 Held C D D - -E~ublin £ity Council November 6, 2006 Meeting Page 5 Wallace Maurer, 7451 Dublin Road asked if Channel 6 is the government access channel Council refers to in this discussion. Ms. Brautigam confirmed this. His inquiry was whether AT&T would be required to provide similar government access programming as residents currently receive on Time Warner's Channel 6. The answer is that this legislation will require them to do so. Mr. Maurer inquired if AT&T would provide the access on a channel other than Channel 6. Ms. Brautigam responded that if he were to switch from his current provider to AT&T Lightspeed, the programming would likely be on a different channel. Vote on the Ordinance: Mayor Chinnici-Zuercher, yes; Mr. Reiner, yes; Ms. Salay, yes; Vice Mayor Lecklider, yes; Mrs. Boring, yes. Ordinance 66-06 Authorizing the City Manager to Accept a Dedication of Two Parcels Totaling 8.817 Acres, More or Less, Located at the Southeast Corner of the Intersection of Post Road and Discovery Boulevard, City of Dublin, County of Franklin, State of Ohio. (The Village at Coffman Park) Mrs. Brautigam stated that this ordinance accepts open space dedication from The Village at Coffman Park development. Vote on the Ordinance: Mrs. Boring, yes; Mr. Reiner, yes; Ms. Salay, yes; Vice Mayor Lecklider, yes; Mayor Chinnici-Zuercher, yes. Ordinance 67-06 Authorizing the City Manager to Execute a Release Agreement with The Stonehenge Company Regarding 6055 Avery Road. (Avery Road widening project) Ms. Brautigam stated that staff requests this item be postponed. They have had further discussions with the property owner and a more advantageous agreement is in process. Mr. Reiner moved to postpone Ordinance 67-06 to the November 20 Council meeting. Ms. Salay seconded the motion. Vote on the motion: Mr. Reiner, yes; Mayor Chinnici-Zuercher, yes; Mrs. Boring, yes; Ms. Salay, yes; Vice Mayor Lecklider, yes. Ordinance 68-06 Authorizing the City Manager to Accept and Receive a 0.260 Acre, More or Less, Fee Simple Interest, a Combined 0.167 Acre, More or Less, Utility Easement, and a Combined 0.137 Acre, More or Less, Temporary Construction Easement, Donated by Wendy's International, Inc., Located on the West Side of Shamrock Boulevard, City of Dublin, County of Franklin, State of Ohio Ms. Brautigam stated there have been no changes. This transaction is necessary for the construction of Shamrock Boulevard. Vote on the Ordinance: Vice Mayor Lecklider, yes; Ms. Salay, yes; Mayor Chinnici- Zuercher, yes; Mrs. Boring, yes; Mr. Reiner, yes. INTRODUCTION/FIRST READING -ORDINANCES Ordinance 70-06 Adopting the Annual Operating Budget for the Fiscal Year Ending December 31, 2007. Vice Mayor Lecklider introduced the ordinance. Ms. Brautigam stated that budget workshops are scheduled for November 8 and 15 at 6:30 p.m. A second reading and public hearing of this ordinance will occur on December 11. Ordinance 71-06 Amending the Annual Appropriations for the Fiscal Year Ending December 31, 2006. Ms. Salay introduced the ordinance. Ms. Brautigam stated that this is a housekeeping ordinance, and much of it relates to TIF districts. Mrs. Boring inquired if Franklin County follows a particular methodology in establishing its fee. Ms. Grigsby responded that it is established by the Ohio Revised Code. It is the same fee that the county charges for the collection of real estate and personal property taxes. Mrs. Boring inquired if it is the standard appropriation, or is it more than was anticipated. Ms. Grigsby responded that it is not more than anticipated. However, with TIF funds the dollars are not appropriated in advance. The amount fluctuates based upon the actual RECORD OF PROCEEDINGS ~] 1 Minutes o_ Dublin-City. Cot~nci~ LEGAL BLANK, INC.. FORM NO. 10148 Held November 6, 2006 _ Meeting Page 6 20 collection, so the appropriation occurs at the end of the year. Mrs. Boring inquired if that would mean that if the appropriated amount were high, the actual amount collected was high. Ms. Grigsby responded that is correct. Ms. Salay moved to dispense with the second reading/public hearing. Vice Mayor Lecklider seconded the motion. Vote on the motion: Ms. Salay, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mayor Chinnici- Zuercher, yes; Vice Mayor Lecklider, yes. Vote on the Ordinance: Mr. Reiner, yes; Mayor Chinnici-Zuercher, yes; Vice Mayor Lecklider, yes; Ms. Salay, yes; Mrs. Boring, yes. Ordinance 72-06 Amending Ordinance 107-97 (Pizzuti TIF), Passed August 11, 1997, to Supplement the Public Improvements to be Made to Benefit the Parcels Identified in that Ordinance, Removing the Limit on the Amount Deposited into the Fund Established Pursuant to that Ordinance, and Authorizing Certain Amendments to the TIF Agreement Authorized by that Ordinance. Vice Mayor Lecklider introduced the ordinance. Ms. Brautigam stated that the Pizzuti TIF has been performing very well. This is year 10 of a 30-year TIF. The request is that the TIF be amended to allow some of the funds to be used for park improvements, street lights, sidewalks and burial of utility lines. Ms. Salay complimented Ms. Grigsby on the memo. It was very well-written and easy to understand. There will be a second reading/public hearing at the November 20 Council meeting. Ordinance 73-06 Adopting a New Compensation Plan for the City of Dublin and Repealing Ordinance 98-96 ("Compensation Plan") and All Amendments Thereto (Ordinances 11-97, 43-97, 86-97, 100-97,134-97, 08-98, 20-99, 41-00, 77-00, 118-00, 128-00, 26-01, 01-02, 11-03, 43-03, 83-03, 01-04, 38-04, 78-04, 06-05, and 31-05). Mrs. Boring introduced the ordinance. Ms. Brautigam stated this ordinance would repeal the existing compensation plan and accept the new compensation/classification plan developed for the employees. Mayor Chinnici-Zuercher inquired if this plan has been introduced to staff. Ms. Brautigam responded affirmatively. Mayor Chinnici-Zuercher inquired what concerns, if any, have been raised by staff. Ms. Brautigam responded that some employees have objected to their new classifications. She is not aware of any issues raised regarding how the study was done, the process or the ranges. In the Executive Team meetings, no over-arching issues have been identified that would bring about revisions. Although some individuals have objected to the plan, she believes staff as a whole has accepted it. Mayor Chinnici-Zuercher inquired if there is a process available to those employees who believe the new plan would be unfair to them whereby they can request that their classification be reconsidered. Ms. Brautigam responded that the employees could share their objections with their representative on the Executive Team, and that team member could present their case to the team. The Executive Team could then review their case. However, employees have been informed that there will be no changes in the placement of their positions. If the employee believed that his or her job duties were not understood, he or she could request that their description be reviewed, but the classification itself would not be changed. Mrs. Boring inquired if there are any other changes in the compensation plan proposed by this ordinance. Mr. Harding responded that other than the two minor changes mentioned in his memo, there are no other substantive changes in the area of compensation. There will be a second reading/public hearing at the November 20 Council meeting. Ordinance 74-06 Rezoning Approximately 61.35 Acres, Located on the Southwest Corner of Mitchell- Dewitt Road and Hyland-Croy Road From R, Rural District, To PUD, Planned Unit Development District (Oak Park Mixed-Use -Mitchell-Dewitt Road and Hyland-Croy Road -Case No. 06-064Z). RECORD OF PROCEEDINGS November 6, 2006 Feld Page 7 Vice Mayor Lecklider introduced the ordinance. Ms. Adkins stated that is a request for rezoning of 61.35 acres for the Oak Park mixed- use development located on the west side of Hyland-Croy Road, south of Mitchell-Dewitt Road. The Tartan West development is north of the site; Bishop's Run and Bishop's Crossing is southeast; Glacier Ridge Metro Park is west. The site, which is now zoned Rural, would be rezoned PUD to allow the development of 108 housing units, 39,700 square feet of retail development and 31.3 acres of open space. On September 21, the Planning and Zoning Commission voted to recommend approval of the rezoning with 14 ~ conditions, which are listed in the Record of Action attached to the ordinance. Mayor Chinnici-Zuercher inquired to what extent the surrounding neighborhoods were engaged in discussions with the developer regarding the proposed development. Ms. Adkins responded that her understanding is that the developer met with one resident, Mr. Feasel, on a couple of occasions to discuss his concerns. Mayor Chinnici-Zuercher noted the architecture is indicated as "proposed." Ms. Adkins responded that because the project is at the rezoning stage, the architectural plans are only preliminary. However, this is the architect who will be engaged through the final build-out of the project. Mr. Reiner inquired if the quality of the architecture for this development would be on par with that of the Franklin, Tennessee development visited by Council earlier this year. Ms. Adkins responded that is the goal for this development. Mr. Reiner inquired how that quality would be achieved. Ms. Adkins responded that this issue was discussed by the Planning Commission. They wanted to ensure that quality architecture occurred on all four sides of the homes, not merely the front. As a result, condition #14 of the approval requires "that a comparable amount of stone and brick be used on the front, sides and rear elevations of the single- family homes, unless otherwise approved by the Planning Commission." The developer intends to show a great deal of detail for most of the units in the final development plan. Vice Mayor Lecklider noted that condition #3 states, "The applicant agrees to construct or contribute to any improvements the accepted traffic impact study identified to the satisfaction of the City Engineer." Is this intended to address the Hyland-Croy/Mitchell- Dewitt intersection? Ms. Adkins responded that the study will evaluate the development's projected impact on all adjacent intersections. Based on that study, the developer will be required to contribute financially to those improvements. Vice Mayor Lecklider inquired if staff believes this condition is adequate to address that concern so that there will be no future disputes with the developer regarding the contribution. Ms. Adkins responded that staff is satisfied with the condition. Vice Mayor Lecklider referred to the issue of signage for the proposed retail development. He noted it would be highly desirable to avoid the type of discussions that occurred following the retail development at Avery-Muirfield and Post roads. Has that issue been adequately addressed? Ms. Adkins responded that she believes it has been addressed. The development will have two main entry signs -one at the entrance on Hyland-Croy Road and one at the entrance on Mitchell-Dewitt. Those signs will provide only the name of the development and no individual retail tenants within the development. Within the retail area itself, each tenant will be permitted: (1) one sign at the main entrance of their store facing the main street; (2) another sign on the side facing the internal parking area; and (3) a pedestrian- oriented sign. Mayor Chinnici-Zuercher stated that on page 10, it is stated there will be private streets in the development. It also states that the preliminary plan should clarify which streets are public and which are private. She is very concerned about the City permitting private streets to be built. They are an enormous expense to individual homeowners, who are already paying taxes for the purpose of roadway maintenance. She does not understand why this would even be considered for this development. Ms. Adkins responded that all the streets will be public except the alleyways that serve the townhomes. Mayor Chinnici-Zuercher inquired who would be responsible for the maintenance of those alleys or private streets. RECORD OF PROCEEDINGS November 6, 2006 Page 8 Held [7 L' 1 Ms. Adkins responded that the homeowners association and the retail development portion would be responsible. Mayor Chinnici-Zuercher stated that she is concerned about that provision. The number of persons with responsibility is small compared to the enormous costs for roadway maintenance. That would not be fair to the homeowners. The responsibility of the retail development for the alleys may be another issue. She asked that estimated costs of maintenance be provided before considering a provision to have the alleys maintained by the homeowners. Ms. Salay asked why private streets would be considered desirable? Ms. Adkins responded that staff would discuss that issue with the applicant and report back to Council. There will be a second reading/public hearing at the November 20 Council meeting. Ordinance 75-06 Authorizing the Provision of Economic Development Incentives to Butler Animal Health Supply to Induce the Expansion of the Butler Animal Health Supply Workforce within the City of Dublin and Authorizing the Execution of an Economic Development Agreement. Ms. Salay introduced the ordinance. Ms. Gilger stated that Butler Animal Health Supply is interested in expanding and locating some operations in either Ohio or in Texas. They have been approved for a job creation tax credit from the State of Ohio. The City would be providing afive-year $27,155 grant, which is the minimum matching requirement for the State incentive. The agreement is still being finalized. Any changes will be highlighted in a revised version to be presented for the second reading. Mayor Chinnici-Zuercher stated that Ohio and Texas are not similar locations. What are the considerations of the applicant in location selection? Ms. Gilger responded that Butler was purchased by a Texas-based company several years ago. The business is located both in Texas and in Ohio and is jointly operated. This particular operation has already been approved by the State of Ohio, so it will be coming to Dublin. There will be a second reading/public hearing at the November 20 Council meeting. Ordinance 76-06 Authorizing the Provision of Economic Development Incentives to Saber Corporation to Induce the Location of the Saber Workforce within the City of Dublin and Authorizing the Execution of an Economic Development Agreement. Ms. Salay introduced the ordinance. Ms. Gilger stated that Columbus was home to a company called Covansys, which was purchased earlier this year by Saber Corporation of Portland, Oregon. Saber has completed an analysis of the space and has determined that the Columbus facility is too small to allow expansion for a data center. The company has identified a site in Dublin, 5555 Glendon Court, where they would like to relocate the Columbus operation, including a new data center. The proposed incentive is a $100,000 technology grant for the initial investment, with the commitment that by the end of 2007, Saber would move the entire operation to Dublin. There will be a second reading/public hearing at the November 20 Council meeting. STAFF COMMENTS Vice Mayor Lecklider requested that the staff member who will be attending the Post Preserve meeting on Thursday evening share with the residents that he is unable to attend due to a personal commitment. He explained that his daughter's cross country banquet is scheduled for that evening. Mr. Hammersmith indicated he would do so. COUNCIL ROUND TABLE/COUNCIL COMMITTEE REPORTS Mayor Chinnici-Zuercher: (1) Stated that the celebration of life event last week in honor of OCLC founder, Mr. Kilgour, was very nice and was well attended. The road name dedication as Kilgour Place was greatly appreciated by Mr. Kilgour's family and the OCLC employees. The street sign is now in place. RECORD OF PROCEEDINGS November 6, 2006 Page 9 (2) Reminded Council members of the budget hearings on Wednesday, November 8 and 15 at 6:30 p.m. (3) Reminded everyone that tomorrow is Election Day and encouraged everyone to vote. Mayor Chinnici-Zuercher moved to adjourn to executive session at 8:03 p.m. for legal and personnel matters. Ms. Salay seconded the motion. Vote on the motion: Mrs. Boring, yes; Mr. Reiner, yes; Mayor Chinnici-Zuercher, yes; Vice Mayor Lecklider, yes; Ms. Salay, yes. Mayor Chinnici-Zuercher announced that the meeting will be reconvened following the executive session only for the purpose of formally adjourning. The meeting was reconvened and formally adjourned at 9 p.m. ayor -Presiding Officer Clerk of Council 1