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HomeMy WebLinkAbout04/07/2008RECORD OF PROCEEDINGS April 7, 2008 20 Mayor Chinnici-Zuercher called the Monday, April 7, 2008 Regular Meeting of Dublin City Council to order at 6:00 p.m. at the Dublin Municipal Building. Present were Mayor Chinnici-Zuercher, Vice Mayor Boring, Mr. Gerber, Mr. Lecklider, Mr. Reiner and Mr. Keenan. Ms. Salay was absent (excused). EXECUTIVE SESSION Vice Mayor Boring moved to adjourn to executive session for personnel matters (to consider the appointment, employment, dismissal, discipline, promotion, demotion, or compensation of a public employee or official.) Mayor Chinnici-Zuercher seconded the motion. The meeting was reconvened at 7:05 p.m. PLEDGE OF ALLEGIANCE Mr. Reiner led the Pledge of Allegiance. APPROVAL OF MINUTES • Regular Meeting of March 17, 2008 Mr. Gerber moved approval of the meeting minutes of March 17, 2008. Mr. Reiner seconded the motion. Vote on the motion: Mr. Reiner, yes; Mayor Chinnici-Zuercher, yes; Vice Mayor Boring, yes; Mr. Keenan, yes; Mr. Lecklider, yes; Mr. Gerber, yes. Staff members present were Ms. Brautigam, Mr. Smith, Ms. Grigsby, Mr. McDaniel, Mr. Langworthy, Mr. Gunderman, Mr. Hammersmith, Mr. Earman, Mr. Tyler, Mr. Hahn, Ms. Lozier, Ms. Puskarcik, Ms. Doolittle, Mr. Caplinger, and Mr. Burns. SPECIAL PRESENTATIONS • Grounds of Remembrance Community Support Mike Kehoe, representing the Veterans Project Committee, announced that the Committee has received a corporate contribution from Nationwide Insurance Company in the amount of $15,000 for "Grounds of Remembrance." He wanted Council to be aware of the momentum that is building once again in support of the project, as demonstrated with this contribution. Mayor Chinnici-Zuercher asked Mr. Kehoe to express Council's appreciation to Nationwide for this very generous donation. • Update from Dublin Convention & Visitors Bureau Joel Campbell President, Dublin Convention & Visitors Bureau Board of Trustees D( CVB), reported that his term will expire in a few weeks. He has enjoyed working with the City on the various events on which the Bureau and the City have collaborated. One of the projects he is most proud of is the recent award to DCVB of the 2010 Can Am games. The international coverage will be very positive exposure for Dublin. Scott Dring, Executive Director, DCVB reported that Honda recently brought in approximately 1,000 Honda workers for training which they will be conducting over the next six months. The business generated will be approximately $1.5 M and 15,000 hotel room nights within the City of Dublin. DCVB will be serving as an information clearing house for the Honda trainees. The bed tax alone that will be generated will be approximately $100,000. DCVB marketing efforts over the next 6 months will include golf packages. Currently, the package includes 12 courses and 8 hotels. During the last three years, the golf packages have proven to be a successful method to fill hotel rooms during the summer months and weekends. Overall, the business in Dublin from the travel/tourism industry has been good, however their hotel partners have a very cautious outlook. They are projecting flat bed tax revenues over the next two quarters. DCVB is currently working on its 2009 fiscal year budget and, when prepared, will be providing the bed tax revenue projections to the City. Their 2007 annual report has been provided in Council packets. He thanked Council for their support. Mayor Chinnici-Zuercher thanked Mr. Campbell for his leadership as president of the DCVB trustees the last two years. She thanked him also for instituting the regular reports to City Council, as the practice highlights the City-DCVB partnership. Council is looking forward to the Can Am games and the new initiatives of DCVB. RECORD OF PROCEEDINGS Dublin Citv Council April 7, 2008 Page 2 PROCLAMATIONS • Occupational Therapy Month Mayor Chinnici-Zuercher presented a proclamation to occupational therapist and Dublin resident, Jan Rowe, recognizing April 2008 as Occupational Therapy Month in the City of Dublin. Ms. Rowe thanked Council on behalf of all occupational therapists working within the City of Dublin. Many of the facilities within the City will be holding open houses during April. • Jazz Appreciation Month Mayor Chinnici-Zuercher presented proclamations to the directors of the Dublin high school jazz groups: Jeremy Bradstreet -Coffman High School, Ronald Lewis -Scioto High School, and Bob Gibson -Jerome High School, recognizing April 2008 as Jazz Appreciation Month in the City of Dublin. Mr. Gibson, Jerome High School, thanked City Council for their hotel-motel grant award in support of their February 2008 event, the Big Band Classic. They will be performing for several events during the month of April. Mr. Bradstreet, Coffman High School, noted that their group will also be performing on several occasions this month. This year, their high school group has been fortunate to have a former member of the Buddy Rich Band work with the group on jazz improvisation. Mr. Lewis, Scioto High School, thanked Council for their recognition. They will be having performances in April and May. Their group was fortunate to have two of the best jazz professors from OSU work with the students on improvisation earlier this year. • EarthWeek Mayor Chinnici-Zuercher presented a proclamation to Beth Lozier, City Operations Administrator, Streets & Utilities, recognizing April 19 - 26, 2008 as Earth Week in the City of Dublin. Ms. Lozier stated that the City will sponsor an Earth Week planting activity. Citizens are invited to join local horticulturists in planting native plants in Post Preserve. The City will also partner with Ashland Chemical to hold a Household Hazardous Waste Collection on Saturday. In addition, the City Parks Department will hold a planting Saturday of 3,000 seedlings in the South Fork Indian Run corridor. Citizens should call Volunteer Services if interested in participating. CITIZEN COMMENTS Sharon Montgomery, 572 Bonnington Way, Gahanna, stated that she is present due to the March 20 Columbus Dispatch article that reported that the Dublin police department will be addressing the tailgating issue. She would like to commend Chief Epperson and his officers, not only for protecting drivers and their passengers, but also for acknowledging that one of the causes of tailgating is drivers distracted by phone conversations. Despite more than 15 years of research conducted in a variety of ways, observation, simulated driving situations, and brain studies, all which indicate the connection, it is rare for anyone in authority to admit that this distraction is causing crashes. It is still unpopular to take a stand against driving while phoning (DWP). Because Dublin is facing this issue head-on, she assumes the City is open to learning more about this danger. She has been a strong advocate of restricting DWP, since becoming the victim of a serious 3-car crash caused by a phoning driver seven years ago. This crash left one victim partially disabled and the other victim, her husband, dead. She had life-threatening complications from her injuries and missed four months of work. Her loss, not counting the future earnings of her husband, was $.5M. The guilty driver was fined $75.00 because this was determined to be just an accident, a failure to maintain assured clear distance, a minor misdemeanor. DWP does not cause accidents; it causes crashes. Accidents are unforeseeable and unavoidable; DWP crashes are foreseeable and avoidable. Because she believes this Council is open to learning more about this danger, she would like to share some disturbing facts. (She distributed copies of information related to this topic) The City of Dublin has taken a small but vital first step in addressing this dangerous situation by acknowledging the problem. She appreciates that step and this opportunity to provide Council with basic information. If Council would like to have more detailed information, she encourages them to read "It's No Accident," by Lisa Lewis, Director of a RECORD OF PROCEEDINGS Held April 7, 2008 1 i~ 1 Page 3 Partnership for Safe Driving. Their website is crashprevention.org. She will provide Council an outline of additional information she can provide in the form of a 24-page brief or 30-minute presentation with flipchart visuals. She thanked Council for their time and attention. Mayor Chinnici-Zuercher thanked Ms. Montgomery for sharing her personal story and the alarming statistics. She also thanked Chief Epperson and City staff for taking this first step. Wallace Maurer, 7451 Dublin Road, stated that he would like to suspend several sequences of commentary regarding his global hostility resolution in order to address some housekeeping matters. Since the first Council meeting in October 2006, Council has abridged his freedom of speech. He cannot fathom how and why the City Law Director has taken the position that the City's Council agenda trumps the nation's First Amendment. At that time, he advised Council that he would file a complaint, and he did so. He is unsure if Council has delayed resolving that issue until he filed a court suit. If so, he may do so. He would like to leave two questions with Council to consider: 1. Is Council prepared to spend the City taxpayers' money to defend Council's position in federal court? 2. Does Council realize that should they lose their argument, Council members in their individual capacities might be liable for damages to the plaintiff? One of the last things he wants to do is take this to court, not because of fear but because his time is very valuable, as is Council's. He resents every minute spent in court time and he resents every minute wasted in drawing out this case. But Council has hit him and hit the nation at a vital part. This is the only nation on earth which has written into its agreement with its society that free speech has to be creative, corrective and the saving force of that society. Council has now established a terrible precedent. It is not just this Council and himself that are involved. Council has now established a precedent and not thought about who might use it. Years from now, a potentially corrupt City government could use this to stop any watchdogs from speaking. SECOND READING/PUBLIC HEARING -ORDINANCES Ordinance 13-08 (amended) Creating Section 153.037 (Central Ohio Innovation Center Zoning District) of the Dublin Zoning Code. (Case No. 07-101ADM) Mr. Langworthy stated that the second reading of Ordinance 13-08 follows Council's discussion on the subject at its March 31 work session. He would like to review the amendments that were made to the document, per Council's direction at that work session, as well as some of the agreements that have been offered from the Slane Development Group: 1. Added a conditional use for retail uses that exceed 20,000 square feet in the High Density Pod District. 2. Included additional flexibility in the materials used for principal buildings by allowing the Administrative Review Team (ART) to consider other materials of similar quality. 3. Changed the sign provisions to ensure that the wall and ground sign combination is equivalent to the current Code requirements. 4. Deleted a provision that would have permitted the Administrative Review Team (ART) to send projects for Planning and Zoning Commission Review if it deemed the scale and effect warranted it. 5. Added a provision that permits an applicant to submit a site plan for review and approval from the Planning and Zoning Commission if the Administrative Review Team (ART) attaches conditions or otherwise changes the plans in a manner with which the applicant does not agree. Subsequent to the packet being sent out last week, requests were received today from Slane for clarifications to two provisions: 1. Regarding provision #5, Mr. Hale has asked for a change to "Site Plan Approval." The summary chart is located in Section 153.042(C). Under "Site Plan Approval" it lists various options for the body who would grant approval. Slane has asked for a clause at the end that indicates, "Review of the conditions of ART approval, when requested by applicant." Staff has no objection to that. This change was previously discussed with Council and RECORD OF PROCEEDINGS April 7, 2008 Page 4 1 1 1 He staff wanted to clarify this. Vice Mayor Boring asked for confirmation that this language will be included in the section that designates Planning & Zoning as the reviewing body. Mr. Langworthy responded affirmatively. 2. Another change was suggested for Section 153.042(E)(2)(b)(1), to add language under the Planning & Zoning Commission review authority, Section (b)(1) to read, "Any new development: within the I-VC and I-C Districts and Commercial Service uses in the HDP District, except professional service and general office uses (including offices of physicians and surgeons) as set forth in Section 153.038(C)(6)(c). Staff has no objection to this change. This clarifies that these certain types of office uses are reviewed by ART, not P&Z. Mr. Gerber asked Mr. Langworthy to outline when a matter would go to ART. and when it would go to P&Z. Mr. Langworthy referenced the chart on page 29. Administrative review applies to nearly every project. The exceptions to this relate to conditional uses, which are always reviewed by Planning & Zoning Commission. Mr. Gerber summarized that a rezoning, a conditional use and a preliminary plan review would go to either Council or to P&Z; everything else would be reviewed by the ART. Mr. Langworthy agreed, adding that the exception to that would be the retail and commercial service, and residential included in certain portions. Vice Mayor Boring stated that only the HD and LD pods will go through the ART. The village center and community center are reviewed by P&Z. Mr. Langworthy stated that is correct. Mr. Gerber commented regarding page 10 -which includes the chart of minimum lot, yard and building requirements. With respect to single family attached and multi-family, it indicates respectively 8 units per acre and maximum 12 units per acre maximum. Over the years, the City has valued low density development and encouraged it. While this area will be somewhat different, stating a maximum density may give the developer that as a starting point. He wonders what level of density the City expects to have proposed. Mr. Langworthy responded that the maximum number was added so that there is a realization it could be less. This was a change requested by Planning Commission. Vice Mayor Boring asked what constitutes single family attached versus multi family. Mr. Langworthy responded that single family attached is a townhouse or rowhouse. The multi family would have one entrance for multiple units. Townhouses have separate, individual entrances. Wallace Maurer. 7451 Dublin Road asked that Council let him know within a week if they have any response to his earlier comments. He has several issues with the COIC documents: 1. In the fourth "Whereas," there is an extra word. He asked that this typo be corrected. Ms. Brautigam responded that it should state, "The City's desired goal ...." 2. The bottom of the same page, under "Purpose." The emphasis in the purpose statement is on "technology and research and business center." He wonders whether there should be another district included -- a guidance center, a philosophical center in which to ponder what good can come of this Innovation Center. Mr. Smith stated that this ordinance strictly outlines the zoning and the way in which the zoning is achieved in the area. Council, in their policy and goal setting has spoken at length about why they are doing what they are doing with the COIC - to ensure the economic viability of the City, etc. This is the zoning ordinance and such language would not be appropriate to be included. Mayor Chinnici-Zuercher commented that what Mr. Maurer is suggesting is what is referred to as a "think tank." Council believes that the people who ultimately come to this area will eventually include that as a piece of the development. Tonight's subject is the rezoning document itself. RECORD OF PROCEEDINGS ' Dublin Cit Council April 7, 2008 Page 5 1 1 1 3. If it becomes apparent that a 50-story building is needed in this location, how will that be handled and will Council prohibit it? Vote on the Ordinance as amended - Mr. Reiner, yes; Mr. Keenan, yes; Vice Mayor Boring, yes; Mayor Chinnici-Zuercher, yes; Mr. Gerber, yes; Mr. Lecklider, yes. Mayor Chinnici-Zuercher thanked staff and everyone present for their hard work and interest in the project. Mr. Langworthy acknowledged Council for their very thorough work and assistance with this process. Ordinance 14-08 Accepting the Annexation of 8.5+/- Acres from Jerome Township to the City of Dublin. (9341 Jerome Road) Mr. Gunderman stated that this is the second reading/public hearing of the ordinance. He offered to respond to any questions. He added that the applicant has agreed to pay any reparations for tax payments required as a result of the change of township boundary lines. Mr. Reiner asked if this land will be residential use. Mr. Gunderman responded that the Community Plan calls for a light rural, mixed residential use category. Vote on the Ordinance: Mr. Lecklider, yes; Mr. Reiner, yes; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes; Vice Mayor Boring, yes; Mr. Gerber, yes. INTRODUCTION/FIRST READING -ORDINANCES (Mayor Chinnici-Zuercher indicated that Ordinance 17-08 will be delayed until the end of tonight's agenda.) Ordinance 18-08 Authorizing the Provision of Certain Incentives for the Purposes of Retaining and Expanding IGS Energy, Inc. and Its Operations and Workforce within the City of Dublin, and Authorizing the Execution of an Economic Development Agreement. Mr. Lecklider introduced the ordinance. Mr. McDaniel noted that this agreement is being proposed to encourage IGS Energy to establish its new corporate headquarters and to retain and expand its current workforce and operations in Dublin. IGS is in need of a larger facility for current and near-term expansion and to accommodate anticipated growth long-term. He introduced David Warner, CFO of IGS. Mr. McDaniel noted that IGS intends to construct and own its new corporate headquarters on Emerald Parkway along 270 frontage, at the intersection of Emerald Parkway and Innovation Drive. It is generally located across I-270 from Ashland and immediately north of the Qwest building. IGS intends to ultimately build two buildings. Both will be LEED certified. This project will be Dublin's second LEED certified building, as Cardinal's building currently under construction will also be LEED certified. The first building will consist of 100,000 square feet, and the second is anticipated to be 75,000 square feet. The proposed building layout and renderings were provided in the staff report. The site IGS intends to purchase and build its buildings on was rezoned as part of the Tuttle North extension Planned Commerce District in 1998. IGS has filed for a rezoning and will be seeking certain modifications to the development text. As part of the 1998 rezoning, Council set certain conditions. Those conditions are outlined in the staff report. The conditions included: 1. Establishing a setback from I-270 at 193 feet, and IGS desires and will seek to set the building back at 100 feet from I-270. This request relates to eliminating parking between the building and I-270 and to create a presence on this high visibility corridor. There would be retention and greenspace in this area and not parking. 2. The development text addresses structured parking or parking garages as a conditional use, subject to conditional use procedures. IGS does not intend to build such a parking garage, but rather place parking under the first building -- very similar to the configuration at 400 Metro Place. 3. Shamrock Court would have had to have adequate right-of-way for turnaround RECORD OF PROCEEDINGS April 7, 2008 Held Page 6 specifications, primarily as it relates to fire apparatus. Washington Township Fire Department waived that condition in 1997 and has stated that they maintain the same position going forward. 4. Issues regarding ingress, egress and cross access were included in the development text. IGS is addressing those in their development plan, which will be reviewed by P&Z at the work session on Thursday, April 10. Mr. McDaniel summarized the key points of the economic development agreement: 1. Provides incentives consistent with other projects of this size and impact. These are outlined in the staff report. 2. The City is offering two green building grants, totaling $125,000. This would be paid from non-tax revenues. 3. The City is providing a 20 percent withholding incentive from the year 2010 to 2017, totaling a minimum of $589,644 or maximum of $680,000. This would also be paid from non-tax revenues. 4. The City will provide offsite traffic control improvements, such as traffic signals and turn lanes at an estimated cost of $500,000. This will be funded through tax increment financing. This is similar to the recent economic development agreement with Cardinal. 5. If IGS elects, the City could purchase the necessary right-of-way needed for the turn lane requirements on their site. The intention is to bring forth incentive payments earlier in the term of the agreement versus later. If the City does this, it will deduct any withholding incentives they would have otherwise earned, beginning in the year 2017 working back to year 2010. It is an offset added which they can elect to do. 6. The City agrees to bury the overhead electric distribution line that runs across 1- 270 from Ashland's R&D facility on the east, across I-270 to the west, which impacts the IGS site. By agreeing to do this, the City believes a better situation will result for both Ashland and IGS. The estimated cost is $375,000 and it is not proposed for a couple of years. The item is listed at a "not to exceed $450,000" in the agreement. This would also be funded through tax increment financing. 7. IGS may potentially dedicate easements for the placement of bikepath and park like amenities at the northern end of the site or Reserve A, generally along Cosgray Ditch. Staff is working with IGS on this language and will have it finalized by the next meeting. Staff recommends passage of Ordinance 18-08 at the second reading/public hearing on April 21. This is a unique opportunity to retain a significant number of jobs in the City, set the conditions for future job expansion, and bring yet another investment in a high quality corporate headquarters -consistent with those established along Emerald Parkway in the I-270 corridor. Ms. Grigsby, Mr. Langworthy and he can address any questions from Council Mayor Chinnici-Zuercher invited Mr. Warner to speak. David Warner. CFO. IGS. 5020 Bradenton Avenue stated that IGS is the leading independent marketer of natural gas in the United States, serving over 750,000 customers in seven states, with revenues in excess of $1.2 billion annually. IGS was founded in Columbus in 1989 by Scott White and his father, Marv White, former Chair of the Columbia Distribution Companies. In 1997, IGS relocated from Columbus to Dublin. At the time, they had 10 employees and today have in excess of 150 employees. They are currently housing employees in office space round Dublin. They are very excited about the new corporate headquarters to be built in Dublin. This will provide space for future growth in both the natural gas and electricity business. They looked to other corporate headquarters in Dublin, such as Ashland and Cardinal Health, for design inspiration and detail, with the goal of bringing another high quality, corporate campus-like environment to Emerald Parkway as well as to the I-270 corridor. They have recently commenced a rezoning process in order to move their building forward on the site. They appreciate Council's support on this matter and the economic development agreement. The IGS team is excited for this project to be underway this fall and welcomes any feedback with respect to the project or the development agreement. Accompanying him tonight is Jim Houk, Bird-Houk Collaborative, the lead architecture firm. He would like to make brief comments. RECORD OF PROCEEDINGS April 7, 2008 Held Page 7 Jim Houk. Bird-Houk Collaborative provided a preview of some renderings which will be shown to Planning & Zoning Commission. One of the main reasons for submitting the rezoning is to adjust the building setback. Under the original rezoning proposal, Cosgray Ditch was to be relocated and parking was to be at the back of the building. This client, in keeping with LEED and environmental considerations prefers that Cosgray Ditch and the tree row remain where it is. It is also their desire not to have parking on the freeway side of the building to establish a corporate, high quality landscape appearance. In order to do that, it is necessary to adjust the setback. He shared the artist renderings, indicating that the predominant materials will be brick, precast limestone and glass, with a heavy cornice on the building. A view from I-270 was shown, adding a lake along the back, saving some trees, adding a terraced area with pedestrian platform, outside plaza, potential outdoor dining and landscape amenities along the freeway. He offered to respond to questions. Vice Mayor Mrs. Boring asked which building will have the parking located underneath it. Mr. Houk pointed out that parking will be under the first building, Building A, of approximately 63 spaces. Vice Mayor Boring noted that this is a wonderFul idea, and she appreciates the applicant's extra work on this. Mayor Chinnici-Zuercher stated that the water features, landscaping, and appearance of the building from the freeway is a great treatment and compensates for the modification of setback request from 193 to 100 feet. Mr. Reiner commented that moving the building up lends a difference cadence to the freeway experience. The elevations and size of buildings keeps it in scale. Mr. Houk responded that the existing corporate headquarters along the freeway have nice landscaping treatments, and IGS wanted to set a high standard along the freeway in the same spirit. Mr. Gerber agreed with this approach, which keeps it consistent and provides a better view shed than what would occur without modifying the setback as requested. Vice Mayor Boring agreed. She noted that the City's philosophy has changed a bit since the time this was zoned in terms of where it desires parking. She believes that the corporate headquarters lined along the freeway look great in Dublin. Mr. Houk responded that the original plans contemplated a "sister" building to the Qwest building, but this is a different look. Mr. Keenan stated that they have done a nice job and the renderings are very nice. Mr. Lecklider commented that he has long advocated for locating the parking on the backside for such a facility. He advocates prominent display of such attractive architecture as that proposed for this building. Mr. Houk agreed that IGS has the same vision. Mayor Chinnici-Zuercher asked Mr. Warner to share with his colleagues Council's appreciation of their consideration of building their headquarters in Dublin. The City looks forward to continuing and building upon the relationship with IGS. The second reading/public hearing is scheduled for the April 21 Council meeting. Ordinance 19-08 Appropriating a 0.988 Acre, More or Less, Fee Simple Interest, a 0.123 Acre, More or Less, Utility Easement, and a 0.564 Acre, More or Less, Temporary Construction Easement from Post Hylands Co., Ltd., Located on the West Side of Perimeter Drive, City of Dublin, Counties of Franklin, Union and Delaware, State of Ohio, and Declaring an Emergency. Mr. Keenan introduced the ordinance. Mr. Smith stated that this is the second action taken in an eminent domain case, where an offer is proposed to the landowner. The offer has not been accepted. It is important to have this approved and filed so that the first phase of Liggett Road can begin. Staff will RECORD OF PROCEEDINGS April 7, 2008 Page 8 Held 20 continue to negotiate with the property owner's representatives throughout this process. 1 1 1 Mr. Smith stated that emergency action is required due to the timing for ODOT in regard to this project. This is consistent with the action taken for the BP property. Mr. Reiner moved to dispense with the public hearing and treat this as emergency legislation. Mr. Gerber seconded the motion. Vote on the motion: Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes; Mr. Reiner, yes; Vice Mayor Boring, yes; Mr. Gerber, yes; Mr. Lecklider, yes. Vote on the Ordinance: Mr. Gerber, yes; Mr. Lecklider, yes; Vice Mayor Boring, yes; Mr. Reiner, yes; Mayor Chinnici-Zuercher, yes; Mr. Keenan, yes. Ordinance 20-08 Authorizing the City Manager to Enter into an Amended Agreement with DHB Networks, Ltd. for the Purpose of Engineering, Deploying, Maintaining and Operating an Expanded City-Wide WiFi Network. Mr. Lecklider introduced the ordinance. Mr. McDaniel introduced David Haimbaugh, Dublin resident and owner of DHB Networks, along with Chris Harris, President of DHB Networks. They are currently opening systems in Longmont, CO, Farmer's Branch, TX and Gahanna. He noted that in 2005, staff evaluated several responses to the RFP to construct and operate a WiFi system in Dublin. The City entered into an agreement with DHB Networks, Ltd., who deployed afour-square mile area of WiFi, generally covering the City's commercial area. The City agreed to contribute $400,000 and pay $6,041 per month for 24 months, as well as provide access to public facilities for placement of access points and the use of City optical fibers. The City retains ownership of 25 percent of the available bandwidth for institutional use, while DHB retains 75 percent of the available bandwidth, which is used to deploy its AirWirz services. As a part of this initial deployment, significant dollars were invested by DHB for equipment needed to run the WiFi, as well as upgrades to access points. Phase One of the deployment is a very robust system, which is capable of handling much more than the current four-square mile area. DHB has brought forward an opportunity to build out the rest of the City, which would include 16 additional square miles for a total of 20 square miles with WiFi at a substantial reduced rate. Comparable costs to build out WiFi range from $100,000/square mile to $120,000/square mile. Because DHB has gained access to certain equipment not being deployed in another city, they are willing to pass along the equipment and associated savings to the City of Dublin. The City's cost for equipment and to engineer, construct, maintain and operate the system would be $1.2 million paid over five years. This equals approximately $74,000/square mile or less than 75 percent of the market rate. The City would pay for this as follows: $680,000 from the capital budget, and he pointed out that the City currently has $655,000 budgeted in the five-year capital budget related to telecommunication and broadband initiatives; the remaining $510,000 would be paid from the operating budget at $102,000 per year or $8,500 per month for five years. DHB agrees to operate the system for a total of 10 years and to pay back to the City a portion of revenues that they would earn, above their anticipated five percent market take, up to an amount of $350,000. If the City should receive that $350,000 payback from DHB, the cost per square mile would be reduced to $52,500 per square mile or nearly half the market rate. He pointed out that this opportunity is similar to what the City of Dublin did when it purchased its optical fiber system in 2004. Many cities set out to deploy citywide WiFi, as described in recent articles. Those which have failed have had a bad financial model. In Dublin, the City has pursued apublic/private partnership of an "anchor tenant" model, which is now being held up as an example nationally. This has proven to be successful and will continue to be with the citywide deployment. Staff recommends approval of the ordinance on April 21. It will significantly enhance the City's institutional uses of the system, as outlined in the staff report. It also provides value added service to both residents and businesses. He offered to respond to questions. Mayor Chinnici-Zuercher asked how this enhancement will help the residents. Mr. McDaniel responded that there have been many requests for residential WiFi access. Choice is always a positive thing, and Dublin is fortunate to be served by multiple RECORD OF PROCEEDINGS blin City Council April 7, 2008 Page 9 1 1 1 Held 20 telecommunications providers. Dublin's bandwidth capacity is significant, and this adds yet another value added service for the residents. There are areas of the City that are somewhat underserved, such as areas west of Avery Road. It is served by Verizon and by Time Warner, but not by others. That is an area which will benefit significantly from this addition. There are some other areas where buildout has not been economically feasible and does not meet the thresholds in the franchise agreements, such as portions of the east side. This is an opportunity to address that situation too. In terms of businesses, the medium and small-sized businesses will benefit the most, as it will provide a redundant, broadband access system for them to use at a relatively inexpensive rate. Mr. Reiner asked which competing municipalities have a program that is as extensive as what is proposed. Mr. McDaniel responded that there are not many throughout the country. In Central Ohio, the only city that has announced a citywide WiFi system is Gahanna They will vote to finalize that on Monday. There is much interest and discussion, and many private sector companies who entered the market with promises of free access and service. Subsequently, most of these companies failed. Mr. Keenan asked if the WiFi accessed by residents goes to a fiber optic cable at some point. Mr. McDaniel responded that ultimately, it does and is backhauled by the City's optical fiber. Basically, WiFi is a system of small box antennas. At some point, it transfers the signal to optical fibers and it is carried to a point of presence. Mr. Keenan asked how the speed compares with conventional services. Mr. Harris responded that from an overall speed perspective, there are a number of different speeds that can be offered to the residents. Currently, 1-1/2 mg by 1-1/2 mg is commensurate with most cable modem services for homes. However, as the rest of the City is built out and the fiber enhanced, there is the ability to go up to between 30 and 40 mg both ways. That amount of bandwidth, historically, has been preserved for the City use. Some demos were done in late 2006 which compared WiFi to cellular broadband access, and WiFi was 30-50 times faster. Mr. Keenan asked if the varying speeds would be offered at varying prices. Mr. Harris responded they anticipate doing this, but are reserving this for future release. They recently migrated to a new provider, which allows them to offer various levels of service. They anticipate going live with that in May. They also plan to offer faster services and services that allow residents to prioritize traffic for gaming and voice for those with a Vonage type service at home. Mr. Keenan commented that his understanding is that the speeds slows with more traffic. Is that an accurate statement? Mr. Harris responded it is accurate when one reaches a point of congestion. As a network operator, they have to manage the network effectively so that if there are saturated areas of the network, those areas are enhanced to support more traffic. The good feature of WiFi is that this can be done by adding units and making antennas more dense. Mr. Keenan stated that he is interested in this expansion, but is concerned that within two to three years the system would become very slow and constituents will not be pleased with that. Mr. Harris stated that managing congested traffic is challenging, but they have the expertise and resources to do so effectively to avoid service degradation. Mr. Keenan asked how this expanded WiFi will be marketed. Mr. Harris responded that the procurement of service is totally automated. If the wireless is available, a user will see it upon connecting to the air wires. A user is then rerouted to a web port where he can register as an end user. The new DHB billing service does allow recurring billing, annual billing and prepaid cards for those doing hospitality during the Memorial Tournament. A successful use last year was with the Dublin Irish Festival, where the system was used by the City and by the vendors. They do have a plan to prioritize how to deploy the system and they expect to build out all the water towers, and then deploy in all locations where there are above ground utility access points on the pole, then assess the network coverage and fill in the voids as necessary. They had a tremendous response at the Irish Festival at their booth, where 300 surveys of Dublin residents indicated that 90 percent would purchase such service if available. RECORD OF PROCEEDINGS April 7, 2008 Page 10 Mr. Lecklider asked about access points. Would a water tower comprise an access point? Mr. Harris responded that because there is not a lot of fiber in the northern portion of the City - in the Muirfield area and the areas south of the zoo -they have built a fiber equivalent of wireless which is similar to running fiber between the water tower near Tuttle Crossing to the Avery Park water tower. A backbone was built between the two that simulates fiber optic cable. It was then extended to the Zoo and the triangle was completed. That backbone provides connectivity to the antennas that are the ground layer. Thus, all the access points up Muirfield Drive that provide coverage around the perimeter of the golf course and the residential areas actually communicate with the Avery tower or with the zoo tower. That is how they get back to the fiber. Mr. Lecklider asked what this "backbone" as described consists of physically. Mr. Harris responded that it consists of a bridge with multiple panel antennas that are directional in nature so that they can go a long distance. The longest leg between the zoo and Tuttle is 6-7 miles. The equipment is actually on top of the water towers and fiber optic cable runs down through the tower to the base, where it is powered, creating a wireless equivalent of a backbone. Mr. Harris provided additional details. Mr. Harris said that in terms of the goal of providing roaming capability for public safety use and mobility for the public, a key advantage for the public is the ability to take that broadband experience outdoors and enhance the quality of life in Dublin versus a cheaper broadband service at home. The only comparison to the City of Dublin is the network they recently acquired in the City of Longmont, Colorado. It is a 24-square mile network to serve a population of 50,000. Currently, there are 2,500 residential subscribers on the network, as well as public safety and GIS for the City. It is working very well and they hope to leverage that success and replicate it in Dublin. Mr. Keenan asked about how the line of sight operates on the boxes. Mr. Harris stated that the deployment is challenging due to the nature of the infrastructure in Dublin. Fortunately, they had tremendous support from the business community who have allowed the access points to be placed on their building roofs, and have allowed them to pull fiber off the DubLink backbone into those buildings to establish a robust backbone. Filling in the gaps was thus much easier with these access points. There will be some challenges in populating all of the areas of the City. Mr. Lecklider asked which 5-6 square miles of the City will not be covered by this deployment. Mr. Harris responded that they anticipate building out the entire city. There are actually 422 access points they are obtaining, which provides more than an adequate number for the coverage. Mr. Lecklider stated that he understood Dublin's square mileage was larger. Staff indicated they will provide an accurate number. Mr. Reiner stated that other than convenience for the residents, what are the possibilities for attracting corporate businesses to Dublin with this system? Mr. Harris responded that the most exciting aspect is that they will be able to support iPass. This is the world leader in providing remote access services to businesses. It allows access to all the dial POPs around the world, as well as over 110,000 WiFi networks around the world. Having the ability to support this is a major attraction for businesses, as it gives workers true mobility throughout the City as they can maintain communication with their base. Mr. McDaniel added that an employee can also access the same system globally. Mr. Harris noted that DHB has been working on an agreement to resell that product, which will give the Dublin residents who subscribe to AirWirz that same capability. It requires a volume of users in order to license that software, and that will be possible with a citywide deployment of WiFi. Mayor Chinnici-Zuercher thanked DHB for the information and education on this topic. There will be a second reading/public hearing at the April 21 Council meeting. RECORD OF PROCEED[NGS April 7, 2008 Page 11 J 1 1 Held 20 INTRODUCTION/PUBLIC HEARING -RESOLUTIONS Resolution 16-08 Authorizing the City Manager to Enter into aOne-Year Extension of the Solid Waste Contract with Rumpke of Ohio, Inc. Mr. Gerber introduced the resolution. Mr. Burns stated the City of Dublin is a member of the Solid Waste Consortium. In 2005, the consortium entered into athree-year contract for solid waste removal services. The contract provided the opportunity for two one-year extensions of the contract. Last year, Council approved cone-year extension for 2008 at a price of $13.98/household per month. The consortium has negotiated a price of $14.40/houseld per month, a three percent increase. This is the last one-year extension permitted by the contract. Next year, the consortium must pursue a formal bidding process for solid waste collection services. Staff believes the three percent increase is fair, and recommends approval of the one-year contract extension. Vote on the Resolution: Mr. Keenan, yes; Mr. Lecklider, yes; Mr. Gerber, yes; Mayor Chinnici-Zuercher, yes; Mr. Reiner, yes; Vice Mayor Boring, yes. Resolution 17-08 Authorizing the Regulation of Traffic on Muirfield Drive and Other Roads in Muirfield Village and Waiving Certain Provisions of the Dublin Sign Code and Noise Ordinance in Conjunction with the Annual Memorial Tournament. Mr. Gerber introduced the resolution. Lt. von Eckartsberg stated the 2008 resolution is very similar to previous years' resolutions seeking a waiver of traffic, signage and parking regulations during the Memorial Tournament. The resolution would also extend the hours permitted for the loading or unloading of waste receptacles at the four locations identified in the resolution. The only change to the 2008 resolution is that the waiver would extend to Monday, June 2, if there is an extension of play due to weather or other situations. Vote on the Resolution: Vice Mayor Boring, yes; Mr. Reiner, yes; Mr. Keenan, yes; Vice Mayor Chinnici-Zuercher, yes; Mr. Gerber, yes; Mr. Lecklider, yes. Resolution 18-08 Waiving Competitive Bidding Requirements, Pursuant to Section 8.04 ("Contracting Procedures"), Paragraph (C) ("Waiver of Competitive Bidding") for Alcoholic Beverages for the Dublin Irish Festival. Mr. Keenan introduced the resolution. Mr. Caplinger stated that this resolution would waive competitive bidding requirements for the procurement of alcoholic beverages for the Dublin Irish Festival (DIF). Wallace Maurer. 7451 Dublin Road asked why Killian has had this contract for many years. Mr. Caplinger responded that since the festival's inception, Killian's Irish Red has provided sponsorship support to the Dublin Irish Festival. Vote on the Resolution: Vice Mayor Boring, yes; Mr. Reiner, yes; Mr. Lecklider, yes; Mr. Gerber, yes; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes. Mayor Chinnici-Zuercher introduced Resolutions 19-08 through 20-08, moved to waive Council's rules and directed the Clerk to read the names of the property owners into the record. Mr. Lecklider seconded the motion. Vote on the motion: Mr. Gerber, yes; Mr. Reiner, yes; Vice Mayor Boring, yes; Mr. Lecklider, yes; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes. The Clerk indicated the property owners involved are Robert W. Gorden and S.G. LA Myers, Ltd. Resolution 19-08 RECORD OF PROCEEDINGS April 7, 2008 Page 12 Intent to Appropriate a Combined 1.429 Acres, More or Less, Fee Simple Interest (with 0.554 Acres, More or Less, Present Road Occupation), a 0.382 Acre, More or Less, Utility Easement, a 0.293 Acre, More or Less, Standard Highway Easement, and a Combined 0.428 Acre, More or Less, Temporary Construction Easement from Roger W. Gorden, Located on the East Side of Hyland-Croy Road, City of Dublin, Township of Jerome, County of Union, State of Ohio. Resolution 20-08 Intent to Appropriate a 0.082 Acre, More or Less, Fee Simple Interest (with 0.065 Acres, More or Less, Present Road Occupation), from S.G. LA Myers, Ltd., Located on the East Side of Liggett Road, City of Dublin, County of Franklin and Union, State of Ohio. Mr. Smith indicated that this land appropriation is necessary for the U.S. 33 and SR 161 Interchange project. Unless an agreement is reached with the property. owner in the interim, the resolution of intent will be followed by an ordinance of authorization to proceed. As this project proceeds, there will be many similar legislative items before Council. Vote on Resolutions 19-08 and 20-08: Mr. Reiner, yes; Mayor Chinnici-Zuercher, yes; Mr. Keenan, yes; Mr. Lecklider, yes; Vice Mayor Boring, yes; Mr. Gerber, yes. Mayor Chinnici-Zuercher introduced Resolutions 21-08 through 26-08, moved to waive Council's rules and directed the Clerk to read the names of the property owners into the record. Mr. Gerber seconded the motion. Mr. Keenan recused himself from discussion, as he has an interest in one of the properties involved. Vote on the motion: Mr. Lecklider, yes; Mr. Reiner, yes; Vice Mayor Boring, yes; Mayor Chinnici-Zuercher, yes; Mr. Gerber, yes. The Clerk indicated the property owners are Deborah A. Deboer; 6805 Avery-Muirfield Drive LLC; Avery Shops LLC; Central Ohio Property Management LLC; S&R Properties of Columbus LLC; and Williams Development, Ltd. Resolution 21-08 Intent to Appropriate a 0.009 Acre, More Less, Bikepath Easement, and a 0.033 Acre, More or Less, Temporary Construction Easement from Deborah A. Deboer, Located at 6333 Post Road, City of Dublin, County of Franklin, State of Ohio. Resolution 22-08 Intent to Appropriate a 0.012 Acre, More or Less, Fee Simple Interest, a 0.261 Acre, More or Less, Temporary Construction Easement, a 0.027 Acre, More or Less, Bikepath and Utility Easement and a 0.064 Acre Easement Agreement for Permanent Bikepath Easement from 6805 Avery-Muirfield Drive, LLC, Located West of Avery-Muirfield Drive and on the North Side of Post Road, City of Dublin, County of Franklin, State of Ohio. Resolution 23-08 Intent to Appropriate a 0.042 Acre, More or Less, Fee Simple Interest, and a 0.245 Acre Temporary Construction Easement from Avery Shops LLC, Located at the Southwest Corner of Avery-Muirfield Drive and Post Road, City of Dublin, County of Franklin, State of Ohio. Resolution 24-08 Intent to Appropriate a 0.386 Acre, More or Less, Fee Simple Interest, and a 0.133 Acre Temporary Construction Easement from Central Ohio Property Management, LLC, Located at the Northeast Corner of Avery-Muirfield Drive and Post Road, City of Dublin, County of Franklin, State of Ohio. Resolution 25-08 RECORD OF PROCEEDINGS April 7, 2008 1 1 1 Held Page 13 Intent to Appropriate a 0.141 Acre, More or Less, Fee Simple Interest (with 0.110 Acre, More or Less, Present Road Occupied) and a 0.071 Acre, More or Less, Temporary Construction Easement from S&R Properties of Columbus LLC, Located East of Avery-Muirfield Drive and on the North Side of Post Road, City of Dublin, County of Franklin, State of Ohio. Resolution 26-08 Intent to Appropriate a 0.003 Acre, More or Less, Fee Simple Interest, and a 0.142 Acre, More or Less, Temporary Construction Easement from Williams Development, Ltd., Located at the Southeast Corner of Avery-Muirfield Drive and Post Road, City of Dublin, County of Franklin, State of Ohio. Vote on Resolutions 21-08, 22-08, 23-08, 24-08 25-08 and 26-08: Mr. Gerber, yes; Mayor Chinnici-Zuercher, yes; Vice Mayor Boring, yes; Mr. Reiner, yes; Mr. Lecklider, yes. Resolution 27-08 Accepting the Lowest and Best Bid for Replacing the Roof at the Dublin Arts Center. Mr. Gerber introduced the resolution. Ms. Crandall stated that three bids were received for this project; the lowest bid being Perimeter Roofing in the amount of $270,234 which is within the project estimate of $280,000. Mayor Chinnici-Zuercher inquired about the roofing material in view of the cost. Ms. Crandall responded that it is a the roof. The the for the project will come from the same company which provided the the when the building was constructed in 1940. The company has been in existence since 1888. The the has a 75-year warranty. Vote on the Resolution: Mayor Chinnici-Zuercher, yes; Mr. Reiner, yes; Vice Mayor Boring, yes; Mr. Gerber, yes; Mr. Lecklider, yes. OTHER • Permission to Serve Alcohol in Coffman Park for Dublin Irish Festival Ms. Puskarcik stated that this is a request to serve alcohol in Coffman Park August 1,2 and 3 for the 2008 Dublin Irish Festival. Mayor Chinnici-Zuercher noted that there is an extensive training program for those who will be authorized to serve alcohol during the festival. Ms. Puskarcik responded that the City conducts volunteer training, staff training and beverage server training. Mr. Gerber moved to approve the request. Mr. Reiner seconded the motion. Vote on the motion: Vice Mayor Boring, yes; Mayor Chinnici-Zuercher, yes; Mr. Lecklider, yes; Mr. Gerber, yes; Mr. Reiner, yes. • Dublin Irish Festival Safety Plan Ms. Brautigam stated that this was an item requested by Mr. Keenan following the 2007 Dublin Irish Festival. Vice Mayor Boring suggested that the item be referred to the Community Services Advisory Commission for review and recommendation to Council. Mr. Gerber indicated concurrence. Mayor Chinnici-Zuercher inquired the timeframe for the necessary approval. Ms. Puskarcik responded that Council approval is not required. This list of procedures was compiled in response to Mr. Keenan's questions. Vice Mayor Boring suggested that an advisory body review the procedures to determine whether there are additional recommendations or questions. Mr. Keenan stated that this is an informational report for Council so they will be knowledgeable about the measures that would be taken under certain situations at events. Mr. Gerber stated that the Community Services Advisory Commission (CSAC) is a citizen body established for reviewing these types of issues. He would like to hear resident input as well as from staff. Mr. Keenan responded that there are more complicated issues addressed in these safety RECORD OF PROCEEDINGS Dublin April 7, 2008 Page 14 procedures than the generally citizenry is familiar with. There are national organizations that City staff would work with to develop the criteria and protocol. Vice Mayor Boring moved to refer the item to the Community Services Advisory Commission (CSAC) to review prior to Council review. Mr. Gerber seconded the motion. Mr. Lecklider stated that he appreciates the desire to refer items to CSAC, but he agrees that this topic is more technical and should not be referred. This is a City safety-oriented issue. He would expect that the Police and Washington Township Fire department would be the drivers of the policy and procedures that have been developed for this event. The Festival will take place fairly soon and there is a need to plan ahead. If Council would like to have some input in the plan, he would prefer to proceed with the presentation to Council tonight, rather than defer it. He would assume that is why it is on this meeting's agenda. Ms. Brautigam stated that while it can be presented to CSAC as an informational item, there would be no opportunity to change it. The protocols that are set forth in this plan are the protocols that are required by NIMS. She wants to clarify the possible perception that CSAC could delve into the plan and identify ways to alter the plan; that could not occur. Vice Mayor Boring noted that the CSAC body replaced the previous Public Safety Committee. Of late, Council has not relied on the body that it appointed to review these issues. As Council has discussed, they should be given that responsibility. Mr. Keenan stated that he raised this issue last year after the Irish Festival. There had been a storm and an evacuation. The festival grounds were shut down and families were required to leave. He felt a need for Council to be aware of the City's safety plan and for it to be reviewed to determine if anything could be improved in the interest of a better response to a future occurrence. He wanted to know the wind ratings or lightning criteria for the large tents and temporary buildings erected for the event. This is a public health, safety and welfare issue that Council needs to understand. The Police and Fire officials have compiled these protocols for that purpose. It can be deferred if Council desires, but he believes the right body to hear it is Council. Mayor Chinnici-Zuercher stated that she understands Mrs. Boring's concern that CSAC be included in the educational effort regarding this plan. This is actually governed by the three entities noted in page two, 2"d paragraph -- National Incident .Management System (NIMS), designed by the Department of Homeland Security (DHS) and the Federal Emergency Management Agency (FEMA.) The City is required to follow the protocol of those three organizations in the event of emergency or disaster. There is no leeway in the development of those protocols -- for staff or the citizens. The only latitude in the plan would be with the map of the area. Lt. von Eckartsberg stated that the City's input in the plan relates to increased training for City staff and others who work with the Festival. That training could easily accommodate educating the CSAC members on the plan, including how the plan is structured around the NIMS requirements. Mayor Chinnici-Zuercher stated that CSAC could be part of the volunteer group that helps implement it. Lt. Von Eckartsberg responded that a big part of the plan is to integrate the volunteers more into the safety plan, because there are a significant number involved in the Festival. Mr. Lecklider stated he would not question the input of the experts involved in the formulation of the plan. Mr. Gerber stated that he believes CSAC could play a role in this plan. There will be many citizens in attendance if/when any of the potential events occurs. Some awareness of protocol on the residents' part would be helpful, and CSAC could be helpful in that regard. Vice Mayor Boring stated that, in view of the discussion, she will withdraw her motion. Mr. Gerber concurred. He noted that it is his understanding this plan would also be sent on to CSAC for informational purposes. RECORD OF PROCEEDINGS April 7, 2008 Page 15 Mayor Chinnici-Zuercher summarized that it is Council's direction that the Dublin Irish Festival Safety Plan be presented to CSAC for educational purposes and for recruitment and training for them to be part of the volunteer core that would assist in the implementation of the plan, should it be necessary. Lt. Eckartsberg presented an overview of the plan as outlined in the packet materials. A team made up of City management staff and the Washington Fire Department reviewed the plan to determine if the NIMS requirements were incorporated. The NIMS requirements are an incident command system, a framework to manage any critical incident or planned event, small or large. It is a flexible plan that works for a traffic crash or a huge forest fire. The major enhancements made to the plan include the following: • Clarifying the command structure for the Festival and all City events. • Detailing the roles of City staff involved in the events. Additional training for staff and for all others who work at the festival. • Clarifying tiers, which are the levels of response in a critical incident, and creating a Suspension of Operations tier that would be used prior to or instead of a site evacuation • Adding a contract meteorologist to the Command Post for City events. • Adding a Dublin Emergency Warning Siren in Coffman Park • Details of how the rental radio usage is incorporated into the Plan. • A hazard assessment was done as part of the planning for this, based upon the likeliness they could occur and the impact on the Festival if they did occur. From that analysis, 19 separate hazards were identified which could impact the Festival. They will be addressed in the Plan. • A separate section addresses Command Post operations. It ensures uniform decisions are made in the post and uniformly distributed to everyone. • He shared an example of the command structure for the events, which is based upon the NIMS model. • General staff would consist of four areas: operations, planning, logistics and finance/administration. Mayor Chinnici-Zuercher noted that at the Irish Festival last year, there was confusion regarding who was in charge in the emergency weather situation. Perhaps Council can be given the names and phone numbers of the individuals in these functions for the Festival. Lt. von Eckartsberg responded that a key component of a NIMS command structure is that everyone knows who is in charge. When the command changes, that is communicated to everyone as well. • In the event of a critical incident, a unified command of police, fire and Community Relations would be in the command post, making decisions cooperatively and filtering the decisions down to the employees. In addition, Facilities and Rec Services branch would be added in a critical incident. Ms. LeRoy focused on radio systems, noting that a challenge is the two separate radio systems at the Festival: the City system and the rented one. People on the system include volunteers, community relations, finance and technology staff. The command post is to filter all of the information. With one command post, all radios should receive the same message at once. With the rented radios, the provider has been changed to the same provider as City communications. With these radios, there is an ability to scan different channels. The person in the command post can now listen to all the traffic on the other channels. Hopefully, this will address some of the problems experienced previously. There is interoperability with fire and police. Finally, a contingency plan is in place, should the system go down. The City radios can move to a state-run plan. She noted that the safety plan is the plan for the entire festival; the critical incident plan is invoked when there is an incident ranging from robbery to bomb threats. The plan is flexible. The unified command determines where the event falls in terms of the four plan tiers. There could be a suspension of operations or evacuation of a specific area of a festival based on an incident in a certain area. She then reviewed the four tiers within the plan, as outlined in the staff report. Lt. Von Eckartsberg described situations and the related tiers. He noted that the main distinguishing factor between tiers is suspension of the festival activities versus required evacuation of the festival. RECORD OF PROCEEDINGS April 7, 2008 Page 16 Mr. Tyler noted that there were questions regarding wind ratings of the tents. Staff received information from the vendor with specific wind ratings for a specific type of tent - one of the larger tents -which can withstand winds of 70 mph. The rating is only as good as the anchoring system itself and the system needs to be checked upon application for the tent and during the inspection phase for the tent installation. He emphasized that the wind rating is dependent upon proper installation. Mr. Keenan asked if the installation is part of the permitting process. Mr. Tyler responded that it is, and is done by Washington Township Fire. Mr. Tyler added that this does not apply to the smaller vendor tents. These tents are not rated and should not be considered as part of this process. Chief Woo stated that there is no temporary structure installed in Coffman Park that will be lightning safe. The only two lightning safe structures in Coffman Park are the permanent structures of the DCRC, City Hall, and any nearby identified evacuation sites, such as the high school. People have asked about lightning rods and grounding. The grounding is only for the power generation equipment on site. Ms. LeRoy commented regarding Council's role during a critical incident. During a Tier 1 or Tier 2 incident, the Community Relations Public Affairs Officer will contact members of Council on the Festival grounds to give them information on the status. In Tier 3 or Tier 4, the PAO will ask Council Members present to report to the first floor training room at the Rec Center. If an emergency operations plan must be implemented, Council Members would already be in a single location where needed. Lt. von Eckartsberg stated that last year's event would now be categorized as a Tier 3 event and would result in suspension of operations, not evacuation. Staff would have recommended people take shelter, but would not require mandatory evacuation. That is the main difference with this Plan. In addition, with the training being done for staff, everyone will know their role in the Plan. Ms. LeRoy noted that in term of training, supervisors of each of the divisions present at the festival will be trained. Their role is to return to their division and discuss the full plan and their specific plan. Their plan must be done by May 1. Volunteers and beverage servers will be trained as in previous years, and information will be shared. There is no ability to train the vendors, most of whom come from out of state. They have already received information about the plan, however. For guests and residents, a guest handbook will be available this year which will include information about tiers in the safety plan. Lt. von Eckartsberg added that in terms of closing the gates, the volunteers will be relieved of duties and the police and private security people will man the gates during Tiers 3 and 4. Mayor Chinnici-Zuercher asked who is defined as "guests" for purposes of receiving this information. Ms. LeRoy responded that anyone who comes to the festival who is not a participant such as a vendor or contractor, volunteer, entertainer or exhibitor - is considered a guest. Anyone who comes to the Festival who pays a fee to enter is considered a guest. Mayor Chinnici-Zuercher asked if the guest will receive a handbook to read upon entering. Ms. LeRoy stated that the information will be promoted on the City's website. There is a desire to be more "green," so the Festival is trying to reduce printing. The information will be on the home page that they can visit before coming to the Festival. Mayor Chinnici-Zuercher suggested that one distribution point would be at local hotels. Guests could be given information about a safety plan - a simple card or one page document -from the hotel registration. Mayor Chinnici-Zuercher stated that in the event of a weather situation, the key is at what point is Tier 3 or 4 declared, allowing time for movement of people in an organized fashion. Lt. von Eckartsberg stated that the recommendations from the meteorologist are related to the time and distance away of a lightning storm. There are lightning detectors in the mobile command post and at police headquarters. Last year, the lightning strikes were within ten miles, prompting the evacuation action that took place. RECORD OF PROCEEDINGS April 7, 2008 Page 17 1 1 1 Held Mr. Keenan thanked staff for all of their hard work. This will bring a significant improvement over the past protocol for all of the City events. This is a health, safety and welfare issue for the residents and nothing is more important than doing this in a proper fashion. Wallace Maurer. 7451 Dublin Road asked if the public address system on the Festival grounds simultaneously broadcasts across the entire grounds? He is thinking in terms of moving thousands of people swiftly to safety. Are the sirens used throughout the City the same as those used on the Festival grounds? Ms. LeRoy responded that a siren is being added along Post Road in the storage barn area used by events. It can be isolated as well if needed. In the case of a specific incident at a tent, the PA system in that tent would be used to provide a message. Mayor Chinnici-Zuercher summarized that Council has requested that this information be taken to the CSAC meeting as soon as possible. The members should be encouraged to sign up for the training and to volunteer within the system for events. • 2008-2009 Council Goals Ms. Brautigam stated that in follow up to the retreat, staff assembled a draft of the goals discussed. This has been reviewed by the staff executive team, and a couple of changes were made. As a whole, the team believes this represents the goals agreed upon by Council at the retreat. However, it is a draft, and it is Council's obligation to review this to ensure it does comport with what is desired. Staff can make any suggested changes and will bring the resolution to Council for a vote on April 21. Mayor Chinnici-Zuercher stated that she has not had an opportunity to communicate with Ms. Brautigam and Ms. Ott about the draft, and she will send an a-mail to that effect, copying all of Council. She suggested that any Council Members who want to provide feedback do so prior to the April 21 meeting. Wallace Maurer. 7451 Dublin Road stated that he recently watched on C-SPAN a convention of governors and mayors from cities across the country. They indicated there is something that frightens them daily, which is not talked of. It is the possibility of imminent social explosion, given the desperation of poverty in the country. He noticed that one goal was concerned with poverty and in Dublin, people exist in a bubble. There is poverty in the City and it might be desirable for the City to have as its goal the elimination of poverty in the city as a model to the rest of the world. Mayor Chinnici-Zuercher noted that Ordinance 17-08 was delayed from earlier in the meeting. Given the hour, she recommends this be introduced and have a first reading at the April 21 meeting, unless anyone objects. Hearing no objections, Mayor Chinnici-Zuercher moved to postpone the introduction/first reading of Ordinance 17-08 until April 21. Mr. Gerber seconded the motion. Vote on the motion: Vice Mayor Boring, yes; Mr. Keenan, yes; Mr. Reiner, yes; Mr. Gerber, yes; Mr. Lecklider, yes; Mayor Chinnici-Zuercher, yes. Mayor Chinnici-Zuercher invited Mr. Maurer to speak on Ordinance 14-08, as she inadvertently overlooked his signing up to testify on this item. Wallace Maurer. 7451 Dublin Road asked about the application fee for annexation and what is the rationale for having such a fee. Ms. Brautigam responded that it is based on the City's cost of services study which is updated each fall. A cost has been determined for providing specific services and a fee is established for the service. The general taxpayers do not subsidize services which benefit only a few. Mr. Maurer asked about the issue regarding a fee waiver for the annexation. Mr. Smith responded that waivers are based on achieving a Council goal, such as eliminating a pocket of township surrounded by the city. RECORD OF PROCEEDINGS April 7, 2008 Held Page 18 STAFF COMMENTS Ms. Brautigam stated that on Wednesday evening, the semi-annual civic association presidents' meeting will take place. The agenda is on the dais this evening. One item on the agenda is the "My Neighborhood" project, which was the project brought up at the Council retreat. Council was anxious to be a part of this initiative. Staff is hopeful that many Council Members can attend the civic association meeting. The intent is to have a brief introduction of the program to the civic association presidents. A mini forum will then take place at each table, so that each association president will have the opportunity to give their views regarding the project. The kick-off of the project will be on June 3, when it is hoped that Council will encourage the residents to provide their information. A substantial campaign will be undertaken to encourage attendance on June 3 when residents can talk about their neighborhoods. Targeted invitations will be done to that June 3 meeting to ensure good attendance. She offered to respond to questions. Vice Mayor Boring expressed surprise with this item, as she believed it was a Council goal. However, it has now been completed with no input from Council. She had assumed that Council would be involved with the project before this point, and she is disappointed it has come so far without Council's discussion of their visions to carry out the goal. Ms. Brautigam responded that staff is not trying to usurp Council's role in this whatsoever. The intent is to introduce the concept to the association presidents and get them excited about the project. Between now and June, when the formal kick-off will take place, staff can bring this back to Council and Council can help guide the way this is moving forward. Vice Mayor Boring reiterated that the project is being introduced to the neighbors who will believe Council has ownership of it, when Council has had no involvement. Ms. Brautigam responded that staff's intent was to move a project that Council cared about forward. If Council feels uncomfortable with introduction at the Wednesday meeting, it can be taken off the agenda in order to do further work with City Council. There are a number of other important agenda items. She wants Council to be comfortable with the agenda for the meeting. Mr. Keenan stated that he believes presenting the concept is not a bad idea. He does not see why it cannot be introduced at this point. His recollection of the goal setting discussion was that everyone was excited about such a program. He agrees that the details were not discussed, but the next civic association meeting does not take place until the fall. He sees no harm in introducing it as part of Council's goals, although it is conceptual at this point. He believes that is the direction given to staff from Council. Mr. Gerber suggested that under this line of thinking, staff could proceed with taking care of goals 2, 3 and 7 as well, as Council was enthusiastic about those goals. He would like to see the program before it is introduced to the residents. It is an issue of proper handling of these things. Ms. Brautigam apologized if that is the perception. What she and other staff members felt is that Council was very excited about this program. In fact, a suggestion was made that this be brought forward at the next civic association meeting and that is why it was included on the agenda. She is willing to take this off the agenda if Council desires. Vice Mayor Boring expressed concern with documents that are printed and handed out before Council has a chance to review them. Ms. Brautigam responded that this is a document that Council has had an opportunity to review this for a couple of weeks. If Council is uncomfortable, staff will not distribute it further. Vice Mayor Boring stated that she would like an opportunity to discuss the program with Council. Mr. Gerber agreed, and pointed out that a meeting has already been scheduled within the public. It is an issue of who is taking the lead. He shares Vice Mayor Boring's views and is disappointed with this scheduling. Mayor Chinnici-Zuercher stated that Mr. Langworthy introduced the "My Neighborhood" project at the retreat, and that was when Council first heard of staff's work on that. In a discussion regarding the importance of neighborhoods, Council talked of developing a concept of how one creates and promotes community through neighborhoods. What she RECORD OF PROCEEDINGS April 7, 2008 He Page 19 recalls is that Council was very interested conceptually in Mr. Langworthy's project, and that Council was very interested in participating in the program. It was agreed that civic association meetings were a venue to be used to gather information and engagement. The product was completed, however, without Council having had engagement in developing the dialogue and suggesting venues which could be used. She suggested to Ms. Brautigam, in view of the fact that this was already on the civic association meeting agenda, that instead of just announcing the goal of developing the community via neighborhood that this be used as a substantive venue to begin to get them excited. She learned tonight that a community forum is to be held in June. Ms. Brautigam noted that the June meeting date was noted in the packet sent out for this meeting. Mayor Chinnici-Zuercher stated that she had suggested this venue be used so that the associations could get excited about the program. In any case, Council needs to give direction about whether this should go forward on the agenda on Wednesday evening. Vice Mayor Boring stated that the June 3 kick-off date is a Mayor's Court night, which is a conflict. Based on the Community Plan update experience, it is important to have everyone involved at the outset. This program seems to already be complete. Ms. Brautigam stated that she is uncomfortable moving forward, based on tonight's discussion. The project can be discussed at an upcoming study session in May or June. She will remove this from the agenda for Wednesday. Mr. Keenan stated that this may be a perfect opportunity for an advisory committee assignment. Vice Mayor Boring agreed that this may have been the approach taken by Council. Mr. Keenan stated that would provide more input in the process. Mr. Lecklider stated that he believes the intent is misunderstood. He expects Council would have the opportunity to have further input on this initiative. But at the same time, the dilemma is the relatively short span of time between the finalization of the goals and the fact that the civic association meeting was already scheduled. It is a twice year opportunity with the group. Council did set this forth as a goal, and he is hopeful this initiative can be pursued before fall, as it is a 2008 goal. Mayor Chinnici-Zuercher asked if the agenda provided to civic associations was more comprehensive in terms of the actual discussion regarding the topics. Ms. Brautigam stated that she is not certain. However, anyone attending the last civic association meeting was aware that the web presence and communication tools discussion was scheduled for this meeting. Mr. Lecklider did note that while the goals have not been formally adopted, he will be surprised if the adopted goals are not as reflected in the headings listed in the draft. Mr. Gerber agreed. COUNCIL ROUNDTABLE/COUNCIL COMMITTEE REPORTS Vice Mayor Boring commented: 1. She read in the newspaper that Westerville is initiating regulation of rental properties. Perhaps that can be considered in the future for Dublin, based on the concerns expressed previously. Mr. Smith commented that staff has been working on this issue for several months, including citywide rentals, short term rentals, and event rentals. There are Constitutional issues involved and it is a complicated problem. Legal staff will provide a memo and Council can give further direction on this matter. Mr. Lecklider asked if the memo contemplates other than special event issues. Mr. Smith responded that it is more comprehensive. There are a wide variety of rentals occurring in the city on a regular basis and many issues to consider. 2. She distributed an updated schedule for administration of the oath of office for new board and commission members. Mr. Keenan: 1. Asked in regard to the rental issue if Westerville is involved primarily because of the university? RECORD OF PROCEEDINGS April 7, 2008 Page 20 Held 20 Mr. Smith responded that is correct. Ms. Brautigam added that the Westerville situation involves inspections of rental properties for safety purposes. What Dublin is considering is the question of should short- term or long-term rentals of single family homes be permitted. It is not the issue of inspection and licensing. It is one of business investment properties in residential areas. 2. Reported that a US 33 Corridor meeting is scheduled tomorrow evening in Marysville. 3. Reported that a Veterans Committee meeting is scheduled on Friday, April 11 at 8:30 a.m. 4. Reported that the Finance Committee will meet on Monday, April 21 at 6 p.m. to review the hotel/motel tax grant application from the Dublin Area Art League. Manor Chinnici-Zuercher: 1. Received a letter from Craig Kasper of Hull & Associates, thanking the City for the recognition on March 17 -Business Appreciation Day. 2. Received an a-mail today from Ms. Richison of Economic Development regarding the formation of a partnership with Business First. A partnership was devised that will provide at least asix-page special section or more, depending upon advertising sponsorship obtained, in Raleigh, Austin, Boston and Columbus editions of Business First. Congratulations to staff on this effort! If Council Members have any contacts for sponsorships, they should contact Mr. McDaniel with that information. 3. Noted she provided a copy of the Columbus Partnership benchmarking overview. This is the second year that the Columbus Partnership contracted with Columbus Research Partners. She has provided the full report to Chief Epperson, who is overseeing benchmarking for the City. 4. Reported that the 2008 Community Champion Awards program took place on Saturday. This is a collaboration of the Dublin City Schools and the Dublin Chamber of Commerce. It was very well received and 164 students and staff were recognized, and several scholarships awarded. The speakers were the Ndukwe brothers - football players with the Cincinnati Bengals and Miami Dolphins -- who had a very inspirational message about hard work and achievement. ADJOURNMENT TO EXECUTIVE SESSION Mayor Chinnici-Zuercher moved for adjournment at 9:45 p.m. Mr. Keenan seconded the motion. Vote on the motion: Mr. Keenan, yes; Mr. Reiner, yes; Mr. Gerber, yes; Vice Mayor Boring, yes; Mayor Chinnici-Zuercher, yes; Mr. Lecklider, yes. Mayor -Presiding Officer ~~ ~ ~ Clerk of Council