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HomeMy WebLinkAbout06/17/1991 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting DAYTON LE AL BLANK CO. FORM NO. 10148 ReIn June 17, 1991 19 The meeting was brought to order by Mayor Jan Rozanski with all Council members present. Mayor Rozanski: Before we start tonight's agenda, I believe we're all aware that our Clerk of Council, Frances Urban, passed away June 8. Frances was Clerk here since October 11, 1983, and we're going to miss here very much and with that, I'm wondering, have a moment of silence on her behalf before we start this meeting. Thank you. Myra's going to be filling in for Frances for the time being, or at least tonight, until we see what we're going to do. First thing on tonight's agenda, appointment of a Temporary Acting Clerk of Council. Terry Foegler: My understanding this was just for Council's action, as a formality, to make sure that there was a Clerk duly appointed to handle the activities of the Council this evening. Mayor Rozanski: My understanding, the recommendation of Tim's and yours is that Myra is to take the position on an acting basis. Is there any discussions or comments? The only question I ask is, "Myra, why in the world would you want to take this on, with all your other duties with the city. You love us, right? O.K. Is there a motion to appoint Myra Caplinger as temporary Clerk of Council? Moved and seconded. There was no discussion or comments. Roll was called and passed unanimously. Mayor Rozanski:Entertain a motion to waive the reading of the June 3, 1991 minutes. Denise King made the motion. Mayor Rozanski: Think you all understand why they're not done, with Frances' death we just haven't had a chance to get them. A. C. Strip: Second the motion. Roll call was taken with 6 yeas and one abstention. CITIZEN COMMENTS I realize we are on the agenda later tonight, my name's Pat Johnston president of the Dublin Women's Club but I want to - several of our members are going to have to leave and will not be able to stay here until 11, 12, 1 or 2 o'clock, whenever you do reach us. We want to let you know that we are represented here. A few of us will be back after 10 or 11, so thank you in advance for your consideration. Mayor Rozanski: We appreciate all of you being here. Unfortunately, your item does come last. Is there any problem with this Council moving that to the first item on the agenda? It's a very short item, we can move it up and just handle it right now while the ladies are here. Any objections? No, O.K. Might as well dispense with it now then. O.K. Ace, I'll turn it over to you then, since you're the chairman of the Finance Committee. / A. C. Strip: Mr. Mayor, the request for Bed Tax was made some time ago. Council allocated the sum of $3,100 to the organization to use primarily exclusively for the Dublin Arts Festival, something of which we are very supportive. The group called and indicated that they believed that we had received some incomplete information, which was in fact correct and accordingly that we had not based our decision on all the information they could make available to us, so we begin the process over again essentially in all fairness to them. We met this evening, earlier, with information that was provided in advance as a request for bed taxes in round numbers with possibly $9,500 in lieu of the $3,100 which had previously allocated. Finance Committee, frankly, is divided in the amount of funds it 1 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting DAYTON AL BLANK CO. FORM NO. 10148 1 I II I ReIn June 17, 1991 19 wishes to recommend to Council, all of us believes that they should receive more than the $3,100 that they have requested. Perhaps, Mr. Mayor, the only logical thing to do since we are divided, we are in favor of the event and we have no negatives to offer whatsoever on the people or the event, there's a philosophical question. Than philosophical question is, with $3,100 they can create a profit, with $9,500 they can create a profit; however, the more money that is allocated, the better an affair, the more appealing affair, it will be. And so the question is, we have a range of offering them any place from $5,100 to approximately $8,500, is basically where we're split. I would recommend that, maybe the only logical thing to do, all this is going to take more time, would be to let them state their case to Council. Pat, you might also want to indicate the amount of philanthropy that the group does. t"" Pat Johnston, President of Dublin Women's Club: As you see before you, you have two budgets, Budget A and Budget B. Basically, the difference between the two is in expsenses. The expenses on Budget A is $8,460, on Budget B, it's $13,395. The difference between that is what we want to do to bring people to the community. As far as the bed tax, City Ordinance Section 18202, we fill six of your six requirements in regards to being qualified for those funds. We create additional Dublin visitors. At the Fine Arts and Crafts Show, we benefit the cultural arts. In addition to holding a festival in the Historic District, we do so in hopes of keeping it alive through the exposure of the festival. We plan to help beautify the Historic District by planting flowers prior to the festival. Obviously, we're a special event. And our festival, we feel, enhances its appeal to visitors and tourists. This is our 11th festival. We've earned a fine reputation in being a fine, quality, juried show. This is a very positive thing for our community, a fun-filled culturally rich community gathering. We want and need to both enhance and expand our festival, this is a stepping stone for that expansion, for the good of the city by doing the following: We want to double the amount of the entertainment budget. We receive no income from entertainment at all, it is what we give to the public. We want to expand that, we want to double the amount, as you can see between the two budgets. We want to possibly have things like a jazz band, strolling musicians and magicians, puppeteers, we want to try having more area involvement this year. This year if we get additional bed tax funds, we would like to do something different in food, we want to involve area restaurants, rather than our doing our eatery, we would like to try having 4 or 5 area restaurants there, such as the Columbus Arts Festival does, and in so doing, we need a place to put them and to provide cover for them and the people that are eating there as well. We are encouraging our youth to become more involved in cultural arts through the student art exhibit that you see there, and that is a total expense of which we will receive no profit. We hope we don't spend more than 500 but it is very possible that we will. We represent our community, we want to represent our community in which it deserves. We want and will do this to the best of our financial ability, but we cannot take a loss financially in order to do this. As president of Dublin Women's Club and as a past festival chairperson, I truly believe we represent our community. We want to make the event better every year, and with your foresight and cooperation, we will do just that. With the additional funds, we will greatly expand our publicity, drawing an even larger crowd. Our festival averages 5 to 8,000 people even on a rainy day; and our exhibitors come from 6 states. Our expansion and enhancement is a growing process which holds the possibility of becoming a two-day event. The City's Park and Rec Department is a tremendous help to us now, and the Police and Fire Department are equally cooperative. But we truly realize that the Bed Tax Funds are a privilege to obtain, but in the same breath, we feel that the additional funds benefit our community. The bottom line between the Budgets A and B is basically the same, but as with life, what happens to get there, it is what happens that get there that what's important. We, the Dublin Women's Club, are willing to spend the man hours and effort to make the event more special for our City, but we need your dollars. As pragmatists, we cannot go in the red to enhance the City, but we can give our expertise, our time, and our vehicle, the festival, to do just this. If there are any questions regarding the budget, I'd be glad to 2 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting DAYTON NK co. FORM NO. 10148 ReIn June 17, 1991 19 :f,'" explain them. Basically, the additional funds are to bring in visitors and tourists to the festival. It will be used as a stepping stone to make the event more professional and, hopefully, to expand it in the future to possibly a two-day event. But we need to get to that step, we are now Mom and Pop, and we need to move up to father, or whatever. Any questions? Barbara Maurer: About the tents, are those rented, or are you intending to buy them so that they will be permanent? Pat Johnston: These are all rented tents. To buy them, tents are extremely, we could never buy them, that's why we've had the same tents that we made 10 years ago and we put them up on 4x4 poles and have a blue tarp over the top of them. We feel that we're every bit of a class act as the Columbus Arts Festival. And we would just like to be able to put some moneys to make the area look more attractive, to enhance it, and to bring more visitors in. That's the reason for the tents. Mayor Rozanski: How many tents are you bringing in? Pat Johnston: About 15 tents. Mayor Rozanski: For what purposes? Pat Johnston: We will - they will be used in the eatery area for people to sit under as they're eating, to house the vendors, the restaurants that we're going to have there, they will be used to cover the bake sale, the silent auction, to cover the art. Regardless of what we do with the money, we have to cover that because we had some stuff that we couldn't even exhibit last year because it got damaged in the rain. Those are what the tents are going to be used for. The children's corner, which is basically a non-profit item as well, that truly is a community thing. Mayor Rozanski: So, that's for 15 tents. Question, I understand the publicity, that's great. I understand the tents now, the entertainment cost, the eatery cost. If you're going to bring in outside restaurants, why is your eatery budget higher then? Pat Johnston: The reason it's higher is, this year this is a first-time event for them and a lot of them have been hesitant to spend big bucks because they don't know that they're going to make any money. We are basically going to charge them a nominal fee to get them on their feet, and saying we're going to make very little money, but it will get them on their feet, to show that, yes, this is worthwhile to come back and do next year. So when we come back next year, we're going to ask you for less money, because those restaurants are going to, we're going to come back and charge them more. Did that answer your question? Mayor Rozanski: That confuses me even more, because $675, it went from 675 up to 1,200. If you're charging them, why are you asking for more money? Then where is your extra cost, from $675 to $1,200 coming, or wait a minute, I'm sorry, from 700 to $1,000. Where's your extra $300 cost, if you're having them come in and reducing your eatery? Pat Johnston: Still a total of 15 tents, 5 for the eatery area and 10 for remaining area, 5 for the restaurant and then 10 additional --- Mayor Rozanski: So then the $3,300 is for 10 tents and not 15 tents. Barbara Maurer: We found out that this is the weekend that the Oktoberfest is, and that 3 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting DAYTON LEGAL BLANK CO FORM NO 10148 I Ii Reln June 17, 1991 19 ... what they were hoping to do with the publicity money is try to encourage people who would be going to Oktoberfest to make this the second part of their visit, so that they would stay overnight two nights, and to me that begins to move us toward the two-day overnight type of activity that would bring tourists and visitors to the Dublin area. So, if that's a step toward having the food that is provided by restaurants, which is one of the reasons a lot of people go to the Columbus Arts Festival, it seems to me that's a step toward upgrading and moving toward an event that is going to provide more tourists to come to Dublin. Pat Johnston: Exactly. A. C. Strip: Do you recall, Pat, how much we allocated last year. Pat Johnston: I want to say between 2,500 and 2,800. 21? It's 2,100 then. But we've made, we're stepping into phase 2 of our festival. We really want to develop it into a higher class festival for the City, even though it is the Dublin Women's Club Festival, and we print our name on everything and plaster it everywhere, we truly believe we do represent the City because everyone still thinks it's the Dublin Arts Festival, so --- ... A. C. Strip: Let me make another comment that I hope you ladies will not find offensive but I think it has to be pointed out, I've already discussed it with Pat, that is, they are benefactors to the extent of 90% of all of their profit does, in fact, get donated to Dublin causes, none of which I think we would have a problem, in fact to the contrary, would be very proud. However, some of the money that goes out causes me a bit of a problem because it goes out to some of the same agencies to which we contribute; for example, some of the money ends up going back to our own DARE program, which is good; comes back to our own Police Department, I guess also good; Dublin Arts Council, some of the people. And somehow I kind of get the feeling that we are subsidizing the Bed Tax and having some of this money recycled back to some of the very agencies which we already give support to. That can be, you can look at it both ways, one, it's good or bad, you recycle the money and get twice the bang out of the buck; but the other way to look at it is we're subsidizing bed tax money for money that we could allocate directly ourselves, not through middle agencies. I just want to point out because I don't know if you had the beneficiary list in front of you. Danny Sutphen: What if, Pat, if, to answer Ace's question there, if you allocated that money and didn't necessarily give it to the same agencies -- Pat Johnston: We certainly could, if you provided us a list we would guarantee that we wouldn't give it to the same people and we would do alternate groups. Absolutely. As president, I can make sure ---- A. C. Strip: That may be unfair to the agency because it would be penalizing that particular agency. Pat Johnston: But if that's what it takes, we certainly could do that, because there are a lot of worthwhile causes in the Dublin area to do that. Barbara Maurer: It seems to me that the fact of the matter is, this is a service organization and they're in existence, at least 50% in part to give away money to other organizations, and I think our issue is, is this a special event that we want to have a City investment in and if we do, then how much of a City investment do we want to put into it to make it a class act, as we were saying in the meeting, because I wouldn't want to close out any service organizations from putting on special events because they'd make a profit which they then put back into the community. That would seem to me to be discriminating against the wrong groups, people who are willing to go out there and volunteer and put a lot of extra time in, in order to benefit the community, by saying "oh, well, everything we give you is 4 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting DAYT N LEGAL BLANK CO. FORM NO. 10148 ReIn June 17, 1991 19 going to be a profit", that's not the point. The point is, is this a special event that we see has merit and which can benefit and grow from our input; and I think, in some ways, the cost as you pointed out, next year once vendors find "hey, this is a place we can go, we can make money" then you turn around and do a taste of Chicago type thing where it's really beneficial for them to come in there, this can be a place where they provide for the first time, dishes that they never served before, in order to get new customers. And those are some of the benefits that they can get out of it and create a different kind of event and a growing event. A. C. Strip: Put something on the table and move that we allocate the sum of $5,500 for a bed tax allocation--- Barbara Maurer: Is that total? Not in --- A. C. Strip: $5,500 which is less than they've asked for but more than twice what they got last year. I just want to put a number on the table, I'm not suggesting that's what it has to be, but -Mayor Rozanski: That's in form of a motion. O.K. is there a second to that motion? Dave Amorose: I'll second the motion, just for discussion purposes. Mayor Rozanski: O.K. then I'll open it up for discussion. Are there any comments? Joel Campbell: I guess I'd be interested in hearing what the rationale was for the spread in the Finance Committee's thinking between $5,000 and $8,000, I mean, is there, was there some reason for why you took the positions you took, or --- Dave Amorose: I have some concern over a $9,500 contribution and then they turn around with a $7,400 profit. Taken into consideration every other service group in the city, what happens if the Kiwanis comes in here with the Frog Jump and says we're going to put on I a Frog Jump, we're going to bring so many children to town and if we have more money to advertise, we could have it in every publication in the state and we could make a very nice affair out of it, and oh, by the way, you contribute $9,500 we'll reap a $7,400 profit on the deal. Also, when you make statement that you want to make this event grow and upgrade the event, which is a very fine event, I've always done my best to attend and always enjoyed it, and always heard very positive comments from just virtually everyone that has attended. But, here again, why not put more of the profits back into even making it a greater event. It seems like the profits that you derive from this event seems to be your major fundraiser for the year. / Pat Johnston: No, it's not our major fund raiser, but again, our bylaws do state that we have to give back 90% of profits. As women, we have a very dynamic group, we have women who are ex-engineers, accountants, retired, I should say. We like to make money as well, I mean, for us to do something, we could make this a losing proposition and come to you and ask for $2,700. I would hate to think that we would have to get to that point to do that, because we feel that we can give money to the community and build the community at the same time. This is not our only fund raiser, we have 2 or 3 other fund raisers. We have the Tour of Homes in May, which we make about $5,000 at. Again, we give 90% of those profits back into the community. It would not make us feel good, first of all, if we went into this losing money, and all of us do things to feel good, I mean, we would not want to lose money on this event, it would make no sense. But we are committed, rather than just give money back into this event, we are committed to the community. Dave Amorose: Well, sure, you've made contributions totally some $13,000. 5 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting A NEAL BLANK CO. FORM NO. 10148 ReIn June 17, 1991 19 Pat Johnston: Which was 90% of our net income. Dave Amorose: That's right. So if you're making a profit of $7,400 on this one event, then what I'm saying is --- Pat Johnston: That's a projected profit, we've never made $7,400 before, we've never made $6,500 before. We've never made $6,000 before. This is a budget --- Mayor Rozanski: But Pat, in essence, you haven't, but you've never requested this amount of money. This almost guarantees you to make those kind of profits. Pat Johnston: Well-- Mayor Rozanski: It's not a profit actually ---- Pat Johnston: It's not a profit. Mayor Rozanski: It's a guarantee paying you for putting on the event, in essence. .. Pat Johnston: No, not at all, because the difference between the first and second request totally brings, is expenses that are non-income producing. If you wanted to reduce that $9,500 to $8,500, if that makes it feel better, then go right ahead and we would just pick up the two events that we were going to hopefully have the City help pay for, which would be the student art exhibit and the awards for the artists. But the $8,500, the additional funds of $8,500 to the - -between the --- difference between the 3,100 and 8500 are moneys we will spend that will create no income for us. But it will cost us time, it will cost us effort, and it will cost a lot of man hours to product the effects that we want, which is to bring people to Dublin, to make this event nicer. It's not going to -- if we get that money, it's going to make the event nicer, have more people come to the City. If we don't get the additional funds, the event will basically remain the same as it has in the past, which is a quite excellent event and I'm very proud of, having been a past chairman of it, and I'm still proud of, but it will just not grow as it should grow. We cannot afford to go into the red to bring people into the City, but we feel that that was really the requirement for the Bed Tax Funds, to bring people in; and we just think we're, you know, that this is the vehicle to do that with, it's in place, it's an assured winner, why do we have to lose money to assure those funds. I mean I just feel like we've got a reputation --- Mayor Rozanski: Pat, nobody's saying you have to lose money. Pat Johnston: O.K. good, because we'd hate that. Danny Sutphen: What about, if for one year that you don't put, if we gave you a 95 or 85 or 75, what if for this one year, we give you a larger amount and you don't put 90% of it , back in and you put that money in the bank and save it for next year so you don't have to ask for very much. Pat Johnston: We can't this year. I can guarantee you with the money you give, 'cause it is in our bylaws that we have to do 90% of our net income. Danny Sutphen: But here's the, the problem is Pat, is you want to get it bigger and bigger but if, every year we're going to be subsidizing it greater and greater, all I'm saying is if you just waited for two years or a year and save some of that money up, you know, if you save $6,000 or $7,000 of a profit and turned around and, you'd only need $3,100 next year to do the same thing, and you won't have to advertise as much because it's going to be better. 6 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting DAYTON LEGAL BLANK CO FORM NO 10148 ReIn June 17, 1991 19 Barbara Maurer: Could I explain the rationale for my high figure? If you look at the budget we already approved, which is the one "A", the projected profit was 6,435. The projected profit on Budget B is 7405, it about a hundred, or a thousand dollars. What I did was remove $1,000 from their higher request so that there wasn't a profit on Budget B from our Bed Tax Funds. All of it would be used for the, making it a better festival, rather than having some of it go for the increase of profit. That's where I got my, what was my, mine was the high figure. So it was a thousand dollars less than the request. And that's what my suggestion was, was that then the payoff would be next year, if you have an event where some of the eating concessions will help pay for themselves, because you can charge them more if they do make more. If they don't, they don't make anything, then you go back to the eatery, just put on your own. Mayor Rozanski: You know, one thing about the eatery, whether they make money there or not, is not the issue. It's the publicity they get, it's a residual business. I mean, if people like the food they eat there, they're almost willing to give it away to get them to come in to do business in their restaurants. So, I don't think any of those eateries really expect to make a profit there, and that's not what they're there for. Same goes true for the St. Paddy's Day Festival. It's a promotional thing for them to get you come back into their restaurants. So you can't expect them, you know, it's not a profit-making -- .. Pat Johnston: But that has been part of their argument, from the restaurants. One other thing I'd like to point out is, I believe we are probably the only service organization who actually puts on an arts festival anymore, and we put in almost a thousand man hours to do this, women hours actually, well, there were a few men in there on that Sunday, they lug tables around, and do schlep work, they do for us. That's a lot of time and I mean, the City couldn't afford to have that done. It would cost a lot more if the City did it itself. We have the experience of doing it, and we love doing it, and we feel very proud that we can do it for our community. .. Mayor Rozanski: Pat, there's no doubt in anybody's mind that it is a Class 1 event, and you ladies and gentlemen work extremely hard putting it on. Before I make, vote on any of the recommendations, there is one request that I'm going to ask the Women's Council, the Women's Club to do, and I don't know if the rest of the Council will agree with me on that, is that in your advertising for this, that you make mention that this event is partially subsidized by the Bed Tax Funds from the City of Dublin. I think we owe that to those organizations that paid into the Bed Tax, the hotels. I think that should be a criteria to any of our Bed Tax requests, when there's publicity going out, because it is their money that's helping to pay for it. Pat Johnston: I think that I can agree to that. Joel Campbell: Considering the tens of thousands of dollars that we have given away on other occasions, sometimes I wonder if it's going to generate the number of people into the community that this particular function does, seems to me that, in this occasion, I have to agree with Barbara. I think that we need to think, I'm not necessarily saying her number is right or wrong, but I think I tend to lean more towards that direction, because it's the type of thing that does draw a lot of people to the City. When I first moved here 8 or 9 years ago, it was one of the first events that really seemed to have any real interest around the area. People showed up and it seems like it's gotten better and better over the years; and it seems like one of those occasions that it's worth spending, maybe going the extra 9 yards to try and make sure we help them make the program work better. And I think they're saying that they can do the same job they've done in the past with the budget they've had in the past but they're trying to take it to the next level, if I understand correctly, and it seems to me that this is one of those cases where we ought to try and take a shot at that. Thanks. 7 RECORD OF PROCEEDINGS Minutes of Dublin City Council NMeeting Meeting A E AL BLANK CO. FORM NO. 10148 ReIn June 17, 1991 19 Mayor Rozanski: O.K. well, we have a motion for 50, what was it 5,100, Ace, 5,500, and we have a second to that motion. Barbara Maurer: I'd like to move to amend it to 8,500. Denise King: I second that. Mayor Rozanski: Ace, I guess Ace has the say so whether he --. You can have your motion voted upon if you so desire. O.K. Any discussion on the amendment to raise it to 8,500? I would like to add that there be a condition on that, that Dublin Bed Tax be mentioned in all the publicity that goes out for this event. Barbara Maurer: I'll accept that amendment to my amendment. A. C. Strip: How are we going to monitor the profit of this. What happens if the profit all of a sudden jumps up to $12,000? Mayor Rozanski: Then you give them credit for the job they did very well, and slap them on the back, say "great job, next year don't expect so much" Pat Johnston: Our budgets are pretty realistic. Dave Amorose: ----if we do vote in $8,500, then we certainly would like to see the publicity out there, we would want to see a fine event. Pat Johnston: You have in the past and I give you my personal guarantee you will this year as well. And we can, if you want to monitor it, we can send you every piece of publicity that we can send you a piece of, every type of publicity we put out, we'll put in a package and send it to Council so that you can see where it's stated. Danny Sutphen: We always get the financial statement, and they can just put that in there with the financial statement. Mayor Rozanski: I think we need it as it comes. Pat Johnston: In October you receive a total accounting of us from the event, regardless, because within 30 days after the event, and the event is September 8, by the end of October, you will have a total financial accounting of profit and or loss, which hopefully it's profit. Denise King: There's another intangible benefit of this whole project, and that is that your group is really excellent about involving new people in the community and making them feel at home and giving them a sense of belonging and a network of associates and friends and this project requires a huge number of volunteers, and I think you pull in people by doing that, and so there's another benefit to the Dublin that hasn't been mentioned yet this evening. I don't have a problem with mentioning Bed Tax in the advertising, my only question is whether we should say "sponsored by" or "co-sponsored by" the City of Dublin or something like that so that it's a standard representation that occurs on all events that are partially assisted by the City of Dublin, and we don't have to resolve that here tonight, but I think that's something we might all look at so that there is a standard line that goes on all the projects that we assist. Mayor Rozanski: Can the Finance Committee work with them to make some agreeable language, I mean it would be simple and short and sweet, but something --- Barbara Maurer: The Arts Council does that, that part of the funds are from Dublin City 8 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting LANK co. FORM NO. 10148 Reln June 17, 1991 19 Council Bed Tax. Mayor Rozanski: O.K. We have an amendment to the motion to raise the amount of the Bed Tax Ordinance to $8,500 and to make sure that the Bed Tax Funds are mentioned in all publicity for the event. On the amended motion, Myra: Roll was called and motion passed unanimously. Pat Johnston: Thank you very much for addressing this. Mayor Rozanski: Good luck, ladies. Again, I ask, is there comments from anybody in the audience on anything that is not on tonight's agenda. Seeing no hands, we'll move along to Public Hearing. Public Hearings were held on Ordinance 43-91 and Ordinance 37-91. Mayor Rozanski: Next we have the third reading of Ordinance 35-91 by title only please. Ordinance Establishing a Records Commission. Mayor Rozanski: We have a change on this ordinance --- Steve Smith: In the retyped ordinance you have, we just corrected the fact that the citizen is appointed by Council under Section 2 pursuant to a question that Mr. Campbell raised, and checked it in the charter and that's why we changed that. That's the only change. Mayor Rozanski: O.K. Any comments or discussions on that? Question, as amended as our Law Director stated, Myra. Roll was called and motion passed unanimously. Mayor Rozanski: O.K. next we have Ordinance 08-91 by title only, please. Ordinance Amending Section 1187.09 and 1187.10 of the Dublin Codified Ordinances to Regulate Street Trees and Other Trees on City Property. Mayor Rozanski: My understanding of this, is being requested to be tabled again? Dave Amorose: That's correct, I spoke with Elliott Schafer and he requested another four weeks or another month to review this simply because of some vacation conflicts, etc. And so, if I need to, I'll make motion to table this ordinance. Mayor Rozanski: And to come back on a certain date, so we don't bring it up in the next meeting then. II Dave Amorose: That's correct, so we'll bring it up, when is the, July 15th? I I Mayor Rozanski: Our second meeting in July. O.K. is there a second to table this to the second meeting in July. Any comments or discussions? Hearing, none, Roll was called and motion passed unanimously. Mayor Rozanski: O.K. next we have the third reading of Ordinance 26-91 by title only. Ordinance Providing for a Change of Zoning on a 3.9 Acre Tract Located on the West Side of A very Road, Immediately Opposite of the Ireland Place Intersection; To Be Rezoned From: RI, Restructed Industrial District, To: SO, Suburban Office and 9 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting A AL BLANK CO. FORM NO. 10148 ReIn June 17, 1991 19 Institutional and RI, Restricted Industrial. '" Mayor Rozanski: O.K. Council have any questions or comments on this ordinance? Hearing none, Roll was called with 5 members voting yes and 1 abstention. Mayor Rozanski: It passes 6, or 5 yes and 1 abstention. O.K. next we have Ordinance 27-91 by title only, please. Ordinance Providing for a Change of Zoning on a 0.52 Acre Tract Located on the West Side of Riverside Drive, Approximately 700 Feet South of Dublin-Granville Road (S.R. 161). To be Rezoned From: CC, Community Commercial District (0.38 acres) and R- 4 Suburban Residential (0.14 Acres) Districts To: PUD, Planned Unit Development District Mayor Rozanski: Any additional information on this ordinance at this time? Any discussions or comments from Council? Hearing none, Roll was called and motion passed unanimously. Mayor Rozanski: O.K. Under second readings of, we don't need to go through Ordinance 37-91 again, we already had that second reading as a public hearing, so we'll move to Ordinance 38-91 by title only, please. Ordinance Establishing Fees for Lots and Interments at Dublin Municipal Cemetery. Mayor Rozanski: Any questions or comments? Mayor Rozanski: O.K. Hearing no comments from Council, we'll hold this over for a third and final reading at our next regular scheduled Council meeting. Next we have Resolution 06-91 by title only, please. Resolution for Adoption of Bright Road Study. Mayor Rozanski: Any discussions or comments on this issue? Pat Bowman: We feel that we've met Council's request for the type of study, it was simply that, identify a local infrastructure road, drainage, parks, and a detailed land use guide with the intent that we would use this information then, and negotiate with the private sector at some point when they are ready. Just really, five quick points: 1. It's capital improvement intensive, City of Dublin, you're going to have to take a very major hand at some point, we believe, in making the plan happen. The roadway, essentially, the Bright relocated to Hard, major element, the City is going to have to have some kind of hand in that. Secondly: As it mentioned, it's a neighborhood plan, it's a city plan. We did speak with representatives, the large property owners, but necessarily didn't work things out with them, their thoughts and ideas may not be totally represented on the plan, and that would have to be open for negotiation. Third: There are acquisition questions both for the roadway as well as for the detention 10 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting L LANK co. FORM NO. 10148 ReIn June 17, 1991 19 .r basin. We have scheduled two meetings next week. Land Use Committee is going to be grappling with roadway acquisitions. Service Committe will be looking at some new information and discussing retention basin next week, as specific items. Those two elements, far and away, are the two things that we spoke to more people about than any other portions of the plan. Fourth: Timing of the rezoning, ready for development. We don't really have any idea, we've heard some discussion that the large property owners have banded together and would be able to come in and begin negotiations, rezoning discussions. But those have not happened yet, they've made no representation. And finally: We did review the document with the Planning Commission. The Planning Commission approved with some modifications that have already been made on the plan, they did recommend approval of this. Danny Sutphen: I was going to bring this up under Council reports on the committees but have you picked a date for next week or -- Terry Foegler: 9:00 A.M. for the Service Committee on the 25th; Land Use Committee 5:00 P. M. on the 24th. -" Dave Amorose: Pat, on sub-area 2, which is right there at Riverside Drive and 270 basically, very much concerned about preserving the Riverside Drive corridor and with the sub-area 2 text, it's multi-family/office plus or minus 4 acres. I would like to add a stipulation there that there would be no access to Riverside Drive from that parcel. That access would only come off of the connector road, if and when that is built, simply because, want to preserve the Riverside Drive corridor plus it's a very difficult road to enter and exit off of, of course. Quite a high volume of traffic and high speed, and it just seems that we're going to build the bridge and do the connector, we'll have signalization at that intersection, so we need to limit that access and buffer it from Riverside Drive, so would to see something in the text. Pat Bowman: Can actually state that - I'd like to say that goes without withstanding but I agree with you 100%, and we could add that. Mayor Rozanski: Are you making a motion to add that to the text? Dave Amorose: That's correct. Danny Sutphen: I'll second it, if that's a motion. Mayor Rozanski: Any discusssions on Dave's motion? Hearing none, Roll was called and motion passed unanimously. Mayor Rozanski: O.K. Any other questions, comments - Pat Bowman: Just one point, we didn't bill it as a public hearing, but we know there are some residents here who have worked with us on the study and I know Mr. Brown for one would like to make a statement. Mayor Rozanski: When Council finishes, we'll give the audience an opportunity. 11 RECORD OF PROCEEDINGS Minutes of Dubiln City Council Meeting Meeting DAYTON LEGAL BLANK CO FORM NO 10148 ReIn June 17, 1991 19 Dave Amorose: On the sub-area 1, parkground, is that realistic that we can acquire that much parkground? I just don't want any promises made that we can't follow through with in five or ten or fifteen years from now. Pat Bowman: The only reason we showed it that way, we definitely targeted the Indian Mound site as being the prime parksite. That leaves another site of 17 units per acre, 17 acres, which we felt would probably be more likely based upon our Riverside Drive zoning to be Rl, we didn't think that was necessarily practical land use, so really rather than specify a little bit higher density, or even Rl for that matter, that's really why we wrapped it all into parkland and certainly be worthy of a long term, but ---- do we have the capital money? No, that's going to be a large discussion we're going to have over every aspect of this plan. Dave Amorose: But the Council is making a commitment when we do adopt this --- Mayor Rozanski: Well, how many acres are we looking for from the developers for parkland, is their contribution to the parkland, you know, ordinance dedication. Pat Bowman: Depends what the land use is --- Mayor Rozanski: But roughly speaking, you've got some idea what the land use is going to be, Pat. '!fI"". Pat Bowman: Yes, our plan shows single family portion, that's only, it's not a very large area, it's only about 80 acres altogether south of Bright Road. There be some multi-family and single family, but maybe the combination of those two, there could be six - seven acre. Mayor Rozanski: Just in the area south of Bright Road. And the plan proposes how many acres? Pat Bowman: But that'd be a lot, I mean that's---if there were 20 acres, hundred units, that'd only be like three units, or three acres. Ms. Maurer: I am concerned' about that, too, because, I mean I've been in those positions where people come in and say "Well, you promised the parkland here and then weren't to come through with it" and I guess that, what is the legal effect of adopting this as Proposed Land Use, I see what the title is, but what's the legal effect of that --- Steve Smith: It's a study you're adopting, like any other study and it's used as a guide but it is not cut in stone, it's used as a guide by the Planning Department to help plan the area. You are not saying that you are going to have X number of single family, X number of multi-family, or this much acreage for the park, it's a guide for planning. Denise King: I share your concern about not wanting to mislead the public or to make commitments we can't live up to, there is one attribute of this site, which often our parksites don't have, and that is, it may lend itself more readily to fund raising and private donations, simply because of it's unique archeological nature. And you can do some good things through the Archeological Conservancy, or maybe even grants, funding for a site like this. This City is going to have to get far more involved that it has in the past in the red tape and time of soliciting grants and, well, you can never count on them, and you can certainly never count on private contributions or working with outside organizations to obtain tax deductible donations or things like that. We ought to give it a try and, particularly on this site, if it looks like it might work. Dave Amorose: The reason I brought that up is, I've been talking with Rotarians, etc. and 12 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting DAYTON LEGAL BLANK CO FORM NO 10148 ReIn June 17, 1991 19 there is an interest of them making a major project out of this and the Indian mounds there, and also the Billingsley Stream Gorge there so what I'm saying is that this is a study and this is adopted by Council, we need to encourage private involvement in acquiring, securing this ground. Pat Bowman: I guess the only change I could offer in the case of the park would be to also give it a sort of a large lot designation, park/large lot. I agree with you, yes, what kind of implications, I really didn't think of it in terms of parkland, we've discussed it substantially with the residents that are in the path of the proposed road and those in the storm detention basin as well. We really get into major issues, I think, of how does the City follow through with it's planning, or what is an obligation and what isn't an obligation. Mayor Rozanski: Any other Council members have any questions or comments at this time? O.K. I'll open it up to the public. If there are any comments or discussions, please step forward, give your name and address -- " Thank you, your Honor, my name is Robert J. Brown, I live at 3888 Inverness Circle in the Village of Inverness Condominiums. And I would like to say that one other time I spoke to you in regard to the development north, in the PUD and I hoped that I could come before you in support of something the next time I'm here and I want to say that I believe Council is to be commended upon commissioning this work, to start with. I support it 100%, the work and efforts put forth as being at that time and last year a trustee of the East Dublin Civic Association and been involved in that area that this set forth some objectives at least, some goals as to where we'd like to go to and I look at this as more or less a road map to get there. Road maps have tendency to change sometimes come about, but at least I if you don't know where you're going, any road in the country will take you there. And this goes a long way in setting forth that path. There is one concern and I addressed this concern with P & Z at the time that this was approved at the P & Z meeting and I would like to get it into the record at this particular time. And as I said, not in opposition to the plan but a concern. And if you would take a moment to look at Figure #1 in the proposal which lays out the exising conditions as we see it today, look at the area south of Bright Road, east of the power lines to Sawmill, and of course, the Dublin, or the Village of Inverness Condominium Associations, sets in that corner. That south of the Perry Township Police Department is the zoned commercial area, and approximately 40 acres in there that's owned by J. L. McKitrick, etal. And immediately west of the Inverness Condominiums, is another parcel owned by Mr. McKitrick and also a parcel owned by Mr. McKitrick just east of the power lines, those two properties being located west of Inverness, and if you'll look at proposal, or figure #3 shows that the proposed, proposal of the Bright Road area development plan in regard to the area between the power lines and Inverness as specified here as sub-area 5, multi-family, being used as a buffer zone, multi-family between the Bright Road area and the office area to the south. That area has had a lot of input from the local people and through the East Dublin Civic Association. My concern addresses an area relative to that commercial area and sub-area 4C, it's contained on page 6 of your material and it's the last major section about 2/3 of the way down, it's stating in 4C, office area 45 acres that staff is concerned that there will be considerable pressure to provide access to some portion of the property along 1-270 in the Sawmill interchange from Bright Road. This concern stems from the fact that a portion of the property south of Village of Inverness development is zoned commercial and is likely to attract highly visible uses such as hotels and requires immediate freeway access. If this issue of Bright Road access is pushed hard enough, it may be very difficult for the City to cul-de-sac or terminate Bright Road in a manner that will prevent through traffic. Legally, it may be very difficult to deny access to an exising road by arbitrarily terminating the road and to prevent this from happening, Dublin must be very proactive in constructing the new connector road. The City must demonstrate a good faith timetable for the improvements to make this proposed plan work and this concern of staff is not a concern unique to them, it is also a concern of the people 13 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting DAYTON LEGAL BLANK CO FORM NO 10148 ReIn June 17, 1991 19 in Inverness and the families in the residential area between the power lines and Sawmill. If a road should come down through south from Bright Road to connect to that commercial area, it would bisect through sub-area 5 and effectively place the existing homes in Inverness in an island with high speed traffic from Sawmill on our east, Bright Road across our north and this intersecting road dropping down immediately to our west to that commercial area. Would put 43 homes in an island that would separate us and our pedestrian access to our other neighbors in that area west of the power line. Realizing that this is a concern is all I wanted to do tonight to make sure that it's on the record and that it is not an oversight, but the plan as submitted for sub-area 5 has the support of the people in Inverness but the concern also of the fact that they might be isolated in the future in the consideration of a road coming south there, and we would hope to be addressed in those considerations. I thank you very much. Mayor Rozanski: Thank you, Mr. Brown. Appreciate your input. Any other residents? Randy-- Randy Roth: I just wanted to take the opportunity to thank Terry and Pat and Bobbie, Lisa and Council members who have helped us on this. You've heard from us a lot. We decided not to turn out the troops tonight because we're very pleased with the plan, it's going to be very difficult, the real question is, how do we make it happen, and we're already starting to talk about that. I wanted to just say that I appreciate the comments that Mrs. King has made this evening. There are a lot of things that we would like to try to do to raise funds for this parkland and there are things, again I've talked to Janet Jordan about the possibility of making a presentation to Council with members of the Historic Preservation Community and the Historical Society and others, the native American Indians sometime in the fall or whenever you're ready to go, we can wait, but just to give you a clear idea of what our possibilities are. There's also a logic I wanted to say to the 22 acres, I know it's aiming high, but we'd like to aim high at this point for two reasons: 1. Remember we're looking at this as residence as part of a whole quadrant study, and when we started it out, we were looking at 85 acres of parkland for the densities we were going to eventually have on the east side of the river, and we're not planning on any additional parkland north of Summitview, there's no place to get parkland south of 1-270. And with the addition of 22 acres, it comes out with the Riverside Park, the new park by the watertower, and if we acquire the 14 acre no-build zone, it comes out 85 acres on the nose. So in terms of what's comparable for other areas of the community, 85 acres is reasonable. Second: We'd like to show you, when you take a look at the burial mound parks that have beome tourist attactions and have become popular. You need a certain amount of size to set it off as a sacred site, the Mound City group and others. Having it back up to a housing development like that, will change the way it looks as a site, and as a park, and as a historic memorial, so in other words, I think there's a reason still to look at 22 acres from an aesthetic point of view if we could do some fund raising. Thank you very much. Mayor Rozanski: Anybody else? We're closely coming to a conclusion on the initial concept of this thing. It's been, what, over three years in the making? A lot of meetings, a lot of input, and a lot of work --- by a lot of people, and I do appreciate everybody's efforts and hard work and coming to, coming to a conclusion is a difficult task. I know, when we started out, there were a lot of different sides, and different ideas and thoughts, and at times I didn't think we'd ever get it together. But through efforts on everybody's part, we have and I greatly appreciate that. So we'll hold this over for a third and final 14 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting DAYTON EGAL BLANK CO. FORM NO. 10148 ReIn June 17, 1991 19 reading at our next regularly scheduled Council meeting. Next, we have Resolution 07-91 by title only, please. Resolution Regarding Statement of Services for Requested Annexation (Emergency) Mayor Rozanski: It's being requested as an emergency to meet the timetable for the County Commissioners to have their hearing on it. This is just a statement of services, it does not have anything, does not hinge on us annexing it, in essence. We are not taking a vote on this tonight, the annex just stating what services we can offer it, if it is annexed into the City of Dublin. There any discussions or comments? Hearing none, I'd entertain a motion to treat this as an emergency and waive the three-time reading rule. Motion moved and seconded. Mayor Rozanski: Any discussions or comments on the emergency nature? Hearing none, Roll was called and motion carried unanimously. Mayor Rozanski: O.K. And on the resolution, is there any comment or discussions? Hearing none, Roll was called and motion carried unanimously. Mayor Rozanski: Next we have Resolution 08-91 by title only, please. "" Resolution Regarding Statement of Services for Requested Annexation. .. Mayor Rozanski: This is second reading for this resolution. It is a similar type resolution, just stating the services we can give to an annexed piece of ground, if it is annexed into the City of Dublin. Any comments or discussions on this resolution? Terry Foegler: It is our understanding that it does not require emergency language and it is scheduled for the August hearing. Mayor Rozanski: So, we will hold this over for a third and final reading at our next regularly scheduled Council meeting. Next, we have first reading of Ordinance 41-91 by title only, please. Ordinance to Authorize the City Manager to A ward the Contract for the Construction of a Sewage Detention Basin and Amending the Annual Appropriations. Mayor Rozanski: Can I have an introduction, please. Joel Campbell introduced it. Terry Foegler: We are in a position to give Council as much information as you would like on this project tonight. Essentially, what's before you is an ordinance to appropriate the dollars to do all the things necessary to build the detention basin, including it's construction, the acquisition of land, associated landscaping and other improvements. And then, also, to award the construction contract itself for that detention basin. A second piece of legislation you will act on next would actually be for the acquisition of the land itself. The orders of the Director of the Ohio EP A require that we initiate the construction of the detention basin by July 1, thus far that order is still in effect as Council is probably aware. Both staff and various residents of the area have been making efforts to try to get that date deferred. The city, in fact, met with representatives of the Ohio EP A today to again try to make that case. 15 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting AL BLANK CO. FORM NO. 10148 ReIn June 17, 1991 19 What we are in effect doing, is trying to pursue that option as vigorously as possible, but at the same time have everything lined up and legally in a position to move to comply with the orders, if they are not amended. And that is the direction we are going. You will notice, therefore, language in both of these ordinances that asks Council to do all the appropriations and authorize the award, but basic gives the City Manager, in Section 4, in the event the City Manager is able to obtain approval from Ohio EP A to defer the construction of the sewage detention basis, the City Manager may elect not to execute the construction contract for the basin. The same language is added in regard to the property acquistion, so that it will give us the opportunity up until, hopefully the end of this month, to continue to make that case. If we are unsuccessful, we have done everything, also, so that we can comply with the necessary time frame. Steve Smith: Just one further comment. In the companion ordinance 42-91, the numbers that we have agreed to pay for that property may change; they may go longer, they won't go any higher obviously, but there may be some changes with respect to some trade-offs instead of dollars from the gentleman who is selling to us. And so we have an oral commitment from him on that, but it's not in writing, he's getting some tax advice. So we'd like you to approve it as it is, with the conditions that Terry's outlined, in case the EPA doesn't change its orders, and Terry's still working on that and will be working on it right up to the deadline. But the good news is, those numbers will probably come down. Terry Foegler: We do have our engineer present, if you would any more information regarding the design or layout of this project. I've also asked Mark Jones, who prepared, is preparing the landscaping plan, working with our best management plan committee and representatives from the area, as well as the City. If Council has any desire to see any more of that information, we are in a position to provide you with as much as a presentation as you would desire. Mayor Rozanski: Unfortunately, I think Council is overfamiliarized with this project as much as -- None of us are really enthused about it or thrilled about having to go ahead with it. Is there any further information, anything that Council needs on this? Hearing none, then, I'd entertain a motion to treat this as an emergency and waive the three time reading rule. Motion moved and seconded. Mayor Rozanski: Any discussion or comments on the emergency nature? Myra-- Roll was called. Motion passed unanimously. Mayor Rozanski: Any further discussion or comments on the ordinance? Terry Foegler: Can I have one comment just so Council's fully aware. We had discussed previously in terms of dollars for long term capital improvement, you remember this is another one of those that was on the long term program that you are not appropriating for current action. We also discussed that a certain percentage or certain number of those projects we would recommend be done with cash as opposed to bond financing. This is one of those projects, the rationale being that since there is no voted bond capacity for this project and since if you were to borrow money to do this, it would go against your lO-mill limit; it is the ideal type of candidate to do with the cash that you have available. I wanted to make that clear to Council. Mrs. King: Then, couldn't we also appropriate cash for it now but return some of that cash back into the budget after we put ourselves on a, putting through the tax budget and any potential increases that could happen there, so that these improvements are paid for out of 16 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting AL BLANK co. FORM NO. 10148 ReIn June 17, 1991 19 the water and sewer funds as opposed to the general fund. Terry Foegler: I'm sure you could do that if there was sufficient dollars, quite honestly even with the tap increases that we have talked about, there will still be a very substantial subsidy from the general fund to sewer, probably for basic operations, not to mention some of the capital investment that we want to obtain from that. The sewer and water increases we're talking about, the long term sewer solution, which ranges anywhere from the 3, 4, 5 million dollar to 15 million dollars, the water improvements, not to mention the number of personnel that are being added in maintenance to do ongoing maintenance of the system, repairs, operations of lift-stations. So the idea of raising user fees and tap fees is just to begin to get a portion of that cost covered. There will still be, even with that scenario, a substantial general fund subsidy required. That clearly will not be enough to go back and pay back previous dollars that were forwarded. Being no further discussion, roll was called and motion carried unanimously. Mayor Rozanski: O.K. Next we have Ordinance 42-91 by title only, please. An Ordinance to Authorize the City Manager to Enter into an Agreement for the Purchase of 1.345 Acre of Real Estate for the Construction of a Sewage Detention Basin. Ordinance Introduced. ~, Terry Foegler: I think the one point to reemphasize there, is there may be minor legal modifications to the purchase agreement, the substantial elements will remain the same. If a deferral is somehow obtained, we will probably try to get this in the form of a longer term purchase option in the event the construction would be required in the future. .. Mayor Rozanski: Anybody have any comments or items to discuss on this? Hearing none, I'd entertain a motion to treat this as an emergency and waive the three time reading rule. Motion seconded. Discussion asked for; hearing none, roll was called and motion carried unanimously. Mayor Rozanski: O.K. and on the Ordinance 42-91, any further comments or discussions. Hearing none, Roll was called and motion carried unanimously. Mayor Rozanski: Next we have Ordinance 43-91 by title only. Ordinance Adjusting the Existing Ward Boundaries as Required by Article 3.03 of the Charter of the City of Dublin. Ordinance introduced. Mayor Rozanski: O.K. Staff, you've got direction of Council, and so if you'll make the modifications and additions to the ordinance and have it to us at our second reading at our next regularly scheduled Council meeting, and under emergency nature, we'll adopt it at that time. O.K.? Then we'll hold that over for second reading at our next regularly scheduled Council meeting. O.K. next, we have Ordinance 44-91 please, by title only. Ordinance Authorizing the City Manager to Enter into an Agreement with the Delaware Municipal Prosecutor in the Delaware County Municipal Court. 17 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting A N LE AL BLANK co. FORM NO. 10148 ReIn June 17, 1991 19 Ordinance was introduced. 1'-1 Steve Smith: We've read this contract, I think we discussed this one other time with you and Delaware County Prosecutor prosecutes a few cases a year for us and has been since January. So far, he's been doing it on a handshake, this is the contract by which, the same one we have with O'Brien for Columbus to take care of the Delaware County cases, and we ask you to pass an emergency, they've been acting on our behalf by a handshake since January, and they only sent us the contract recently, and we said "Gee, we don't have it on our books". So we'd like to have you pass it as an emergency. I think, also, Joel, was it you that asked me the numbers, and I don't have those tonight, that we paid for the year, or will be paying for the year, and we had some estimates. I don't have those with me, but I'll get them for you, they're very minimal. Thank you. Denise King: I'll move that we waive the three time reading rule and pass it as an emergency. Danny Sutphen seconded the motion. Mayor Rozanski: Any discussions on the emergency nature. Hearing none, Roll was called and motion carried unanimously. Mayor Rozanski: And on the ordinance. Any further discussions or comments? Hearing none, Roll was called and motion passed unanimously. Mayor Rozanski: Next we have Resolution 09-91 by title only. Resolution Opposing H.B. 314 Regarding Allocation of Municipal Court Operating Costs. Ordinance introduced. Mayor Rozanski: Laura, are you going to make a presentation on this. You're as, more familiar with it than anybody I know in the city. For those of you who have never seen Laura at a Council meeting, this is Laura Colwell, our Probation Officer and Court Administrator. Laura Colwell: Yes. O.K. on House Bill 314, this is a bill that is being supported by Cuyahoga County and the Clerk of Courts Association, the Municipal Clerk of Courts Association. The bill introduces, the representative for this bill if Frank Manak, and the bill introduces the reallocation of the funds that we send to the Municipal Court for a proportionate share of operating costs. They would, at this time there is a cap on this proportionate share, meaning that we cannot go ahead and we will not pay them more than what we receive back in fines and costs. And they are, at this time, proposing that that cap be eliminated from the the allocation of the funds, therefore, we would then have to pay the full proportionate share. I've gone to quite a few meetings on this, the most recent one being, standing in for Mayor Rozanski, on June 11 at the Mayor's meeting, and the mayors in the local communities feel that, they are opposing this first of all, but they are not opposing it because they are objecting to paying, it is just that they feel that there should be some kind of compromise, and they are willing to take this back to Frank Manak and say, "Can we compromise on this?" And I think Frank Manak at this time is pushing that this be done and that basically this is his way of saying "Mayor's Court, sink or swim, you're either going to pay to be in existence or you're going to have to, you know, get out 18 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting DA N LE AL BLANK co. FORM NO. 10148 ReIn June 17, 1991 19 of the business"; and I think this is an underlying drive and this is my assumption, this is my interpretation, that this is an underlying drive to just go ahead and eliminate Mayor's Courts. Any questions? Danny Sutphen: To me, what Mayor's Court's about, this might sound like a stupid statement, but it's un-American to do away with it, because then you have to go to the central government again to have them tell us what to do; and I think it's stupid to have to do that and it's just another way for the counties and the larger, the state to collect more taxes, and I think any city of our size or even larger, doesn't fight this, is crazy because they're going to lose a lot of control in their back door. And I'll tell you, I'm not a lawyer, but I'm all for keeping the government as close to our back door as possible and I think we're going to lose a whole lot of it if this goes down. Barbara Maurer: On the 4th paragraph in this, it's a little bit unclear, and I guess what you mean is that the cap currently consists of the amount, that no more than the amount that the municipal court receives back from the Municipal Court. .. Laura Colwell: Maybe I can explain it and thereby answer your question. At this time, the cap consists that, every time we send a case down to Franklin County Municipal Court, whether it's stemming from our ordinance or if it's a civil case, the fines and money received from them are sent back to us, especially if it's under our ordinance. This cap eliminates the court, the Municipal Court, from charging us more than what we've received. So if last year, we received back seven thousand nine hundred and, I believe, eighty nine dollars and some odd cents, they could not charge us more than that in our proportionate share, even though our proportionate share was figured out to sixty thousand some odd dollars. So if this cap is eliminated, we would there be responsible for the entire sixty thousand, and they're also looking at just rearranging how they originally allocate it so that it could be even substantially more. They're not saying it's only going to be that, we may, they may go ahead and rearrange the entire thing but for sure, the cap would be off and so we would then be responsible for our full proportionate share. Barbara Maurer proposed the following changes and amendment. The fourth paragraph would read "Whereas one of the significant changes House Bill 314 introduces is to eliminate the cap on the amount that a participating municipality must pay: i.e., the amount that actually, the amount the municipality actually gets back from the Municipal Court in fines, fees and forfeitures. And in the next line, move the phrase lito the Municipal League" after the word "to concern". Mayor for the City of Dublin has already expressed concern to the Ohio Municipal League about said House Bill passing; Laura Colwell: May I also ask that Council passes as an emergency and I believe that was probably an oversight on my part. My understanding from attending the meeting with the mayors, is that again, Frank Manak, is trying to push this through as fast as possible, using the fact that right now everybody is just learning of this, they're not coordinating their efforts right now, and so if he can get this through without some big opposition to this, all the better for him. I'd like this to be passed as an emergency so that this can get out to the appropriate people; I know that at this time, the mayors are looking at hiring a lobbyist to have their voice heard as well. Joel Campbell: Can I ask you a question? On the, when you say that we're currently paying a proportionate share, is it proportionate based upon population?? Based upon the number of cases we send down out of the county total, is that the idea? Laura Colwell: One of the concerns that was raised out at Reynoldsburg with regard to civil cases, is, I believe one of the Reynoldsburg clerks went down to Municipal Court and looked through the books that actually registered civil cases, and a lot of the cases that they 19 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting A N LE AL BLANK co. FORM NO. 10148 ReIn June 17, 1991 19 had listed to the Reynoldsburg area were not their streets; so citizens actually filing civil cases, that case is then being charged to Reynoldsburg and then, of course, their proportionate share was going up, well, I'm sure you're aware so many people think they're in Dublin, and they're not in Dublin, I can just imagine what ours would be. Mayor Rozanski: Well, I'm sure they would probably go by, zip code, you know, your address is Dublin, whether you live in Dublin or not, so there is a very good likelihood that a majority of cases, or a large percentage of the cases, are not actually Dublin residents. Barbara Maurer: These are not civil cases, they're criminal cases aren't they that come from our Mayor's Court? Joel Campbell: Criminal and traffic, why would they be assessing fines or anything to do with civil cases, I don't understand that. Laura Colwell: We receive a bill from Joseph Houston on a yearly basis. He is the Deputy City Auditor for the City of Columbus. His breakdown for Dublin civil caseload for the year 1990 was 748 cases, traffic or criminal caseload was 72, total caseload 820, amount dispersed by the Clerk, excuse me, was $7,989. He figured out the percentages, our total proportionate share was $60,089.38, so we did have a big bulk of civil cases. Joel Campbell: What do they do with the deposits that people, in civil cases, people pay their own money. What do they do with that? Laura Colwell: I am unaware. Joel Campbell: You know, I'm curious. Somehow that whole thing doesn't make any sense. Danny Sutphen: Are we allowed to audit their books to find out, just like Reynoldsburg did, that they ---- Laura Colwell: Well, I believe Reynoldsburg Clerk went down on her own. Now I don't what legal ramifications there are doing that, I think that would be something that Steve should--- Steve Smith: What we're convinced of, is if this bill passes, our Mayor's Court disappears. Because what they'll do is they'll assess so much money to us for our share of running ----- but they'll assess so much to us, in other words I think, what was our income last year in Mayor's Court, do you know off the top of your head? Laura Colwell: Collections paid to the City of Dublin for the year 1990 was $270,366.53, total collections paid to the State of Ohio for 1990 was $76,551, total expenditure $346,917.53. .lie Steve Smith: I would just guess, and we did some of this with Tim, just kind of projecting figures, that we'd lose a quarter million and probably cost us another quarter million in overtime, so this bill could cost us half million dollars a year. That's a conservative estimate. I Barbara Maurer: Isn't this paid for, isn't this court paid for through our Franklin County taxes, property taxes. Steve Smith: Sure, it is. But you have to understand what the big counties would be doing 20 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting A B NK CO. FORM NO. 10148 ReIn June 17, 1991 19 with this bill, it's not just Cleveland. The major counties would be funding their Municipal Court with the suburbs moneys. There's 18 suburbs, well, we're probably a major contributor, I would think, in terms of these kind of dollars, but you take 18 times half million dollars a year that might be going downtown, it's just astronomical. More discussion followed. Mayor Rozanski: O.K., we have a motion on the floor and a second to amend this resolution. Is there any further comments? .. Denise King: There are a couple other amendments that I would suggest. We've heard a lot of good reasons in the discussion tonight that are not reflected in section 1, that might strengthen the legislator's understanding of our concerns; and we always takes the risk that you're not expressing yourself as well as you'd like to when you try to write on the fly like this, but, I'd like to add to Barbara's amendment, or else, we can vote on Barbara's amendment and handle these other augmentations later. In section 1, if you were to change it to read "that the Council of the City of Dublin opposes House Bill 314 because the legislation: #1 makes govenment less accessible to the public. #2 would substantially, perhaps we should say vastly, increase legal costs" and then go on with changing what was #1 to #3, "changes the formula for allocating the costs of operating a Municipal Court" and then make #4 "allows the cap to be removed, thereby requiring cities and villages to pay", delete "their full" and insert "a proportionate share of operating costs beyond the fees, fines and forfeitures received back from Municipal Court". I think, quite honestly, we could probably even improve it beyond that, I'm just a little concerned with taking up too much time here tonight. But you really need to put good arguments in section 1, and we started with some, but we've heard some other good ones tonight and we want to make sure we send something as convincing and as understandable as possible downtown. Barbara Maurer: Would it be better not to emphasize that, we're using their arguments for it if we say, pay their proportionate share. I think that we ought to say "an unfair share of operating costs" because we're already paying to support the courts through property taxes. Marsha Grigsby: You might want to watch mentioning property taxes, because I would think that they would say that the majority of their operating costs come from their local income tax, much the same as ours. Barbara Maurer: But the municipal court's part of the county court system, and the county court system's paid for by the Franklin County Commissioners and they get their money from property tax and sales tax. So I think you're right, through already existing taxes. More discussion followed. Mayor Rozanski: Okay, we have an amendment to Barbara's amendment by Denise and also to treat it as an emergency. Is there a second to that? Motion seconded, roll was called and motion carried. Mayor Rozanski: Now the resolution. / Motion seconded, roll was called and motion carried. Mayor Rozanski: May we have Resolution 10-91 by title only, please. Resolution Extending the Two-Year Depository Period 21 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting DAYTON LEGAL BLANK co FORM NO 10148 ReIn June 17, 1991 19 Ordinance introduced. "'", Marsha Grigsby: Back in February we requested an extension until July 1, due to a lot of different reasons, the RRP has not been completed. We have it started, but it's not completed, so therefore, we're asking that the extension be made until November 1. We have contacted the banks that have expressed interest in the depository agreement and they do not have a problem with this. Mayor Rozanski: You need to just treat it as an emergency? Marsha Grigsby: Yes, because it expires July 1. Ordinance introduced. Mayor Rozanski: Okay, we have a motion to treat it as an emergency, and waive the three time reading rule. Motion seconded. Mayor Rozanski: Any discussion or comments on the emergency ---. Hearing none. Roll was called. Motion carried unanimously. Mayor Rozanski: Okay, and on the resolution. Any further discussions or comments? Hearing none. ... Roll was called and motion carried unanimously. 'fI!,; Mayor Rozanski: Okay, next we have under "Others", Appointment to Solid Waste Advisory Committee. Denise, did you want to handle that? Denise King: I would like to move that we appoint Andrew J. Kolarsky of Earlsburg Drive to the Solid Waste Advisory Committee. Mayor Rozanski: Is there a second? Dave Amorose seconded the motion. Mayor Rozanski: Okay, is there any discussion or comments on the appointment? Barbara Maurer: Is there a vacancy or is this just an addition to already existing ---- Denise King: There's a vacancy. Mayor Rozanski: Okay. Myra-- Roll was called and motion carried unanimously. Mayor Rozanski: And Myra, if you'll prepare a letter, acceptance on to the Advisory Committee, and then I'll go ahead and sign it and we'll send it out. Okay, next discussion regarding Council recess. I'll refer this to Denise since she's the one who originally brought it up and ---- Denise King: And I brought this up as a member of the Goal Setting Committee, from last year this was an issue that had been brought up by various members at various times, and 22 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting DA N LE AL BLANK CO. FORM NO. 10148 ReIn June 17, 1991 19 summer was approaching and I thought that if it was the will of Council, we should take a look at this, since we had discussed it last year. This is following a path that other councils have set. We could do it from the late July meeting, from July 15 to August 15, or you could do the entire month of July or the entire month of August. I think we need to be very concerned the cadence and the process that some of our Planning and Zoning cases might be in, or other issues that are time-affected. But I wanted to make sure we had an opportunity to talk about this. Mayor Rozanski: My only concern's are, it's not that don't think it's a bad idea, but I think on the short-notice basis, that it might make it very difficult for applicants to time their projects and what have you, if we have a recess. You know, with a six month's notice, everybody knows going in, and those people who have zonings or plots or this and that, know whether to move them up or put them back or what have you to meet our timetable. But on this short notice, I have a concern. I'm not saying that I won't agree to it, but I think I need input from Planning Department on what's coming up, from our City Manager, and our Development Director; get some idea what our caseload agenda's will look like over the next three or four meetings. Discussion followed by all Council members and it was decided to discuss this at fall Goal Setting. Mayor Rozanski: Okay, anybody have anything else they'd like to add to that? Okay, report from the Council Committees, any committees of Council have anything they'd like to report on. Danny-- Danny Sutphen: Well, I just want to reiterate what was said earlier, and that is that Service Committee will be meeting on the 25th of this month, and Myra, if you would, I talked with Mr. Shonkwiler today, would you please send him a letter and tell him that, because he wanted to attend that meeting. The other thing, Terry, just for this particular meeting, I understand it's about the retention basin, is that part of it? Terry Foegler: That's the major topic, yes. Danny Sutphen: I would like to see some, a little bit more emphasis on possibly, because of funding, etc., of putting it, if it hasn't been looked at, looking to put the dam in without a roadway on top of it to start with. Terry Foegler: Those two options are costed out in the packet that we forwarded Council a meeting or two ago. ... Terry Foegler: Yes, those are good numbers. But we will have the consultant available so that we can ask him to defend those numbers if there is some concern with that. We would also like to tie this in just for your information, there was some question raised a while back about the commitment of the northeast quad rezoning in terms of an independent drainage study, which the residents have also asked about, we did confirm in the minutes, and in fact, it was with your motion, that the $5,000 contribution towards independent drainage study, by those folks, was a conditional approval of rezoning. We do have their conceptual drainage study in and we're looking right now at what might be a logical scope of work, given the stuff that we have done on the detention basin, that the consultant has done on his site, and some of the other drainage problems that exist up there, to maybe put together a scope of services that would make sense in terms of a comprehensive drainage anaylsis of that area. We'll update the Committee on that at that time. Danny Sutphen: The other thing, along those lines, is, Dave tabled it, but I wanted to talk about it, if nothing else, and that is, we're putting in all these new trees and Dave taught 23 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting AYT N LE AL BLANK co. FORM NO. 10148 ReIn June 17, 1991 19 .. me a long time ago about site triangles, and I think we're in, I can use the new, or the original extension of Muirfield Drive as an example. Many of those trees are growing right out into the "Do Not Enter" side, or into the stop signs, so you don't see them until the last minute, and I'm concerned that all the new, not all of them, in some instances the trees that have been put in by our people, by blueprint that someone gave us, we paid for, are putting trees up in areas that somebody can run a stop sign someday and say "Hey, I didn't see it" tio& Terry Foegler: We discussed this very issue in Staff Meeting last week, and not only that concern of sight distance problems and sign coverage because of vegetation, ---we're setting up a system right now on a form to make sure that immediate problems, as soon as they're identified, are handled right away within 24 hours. We felt that there's been some paperwork that sometime has left a several day delay. We have also submitted, just for Council's information, 4 or 5 versions of access control regulations that define all the different sight distance requirements by speed of road, sight of road, type of intersection, and all those define different size sight distance triangles; we'll bring them forward to you at some point in the near future to adopt as a standard. Barbara Maurer: In the service area, can you tell me when our, somebody tell me when our second study of the force main is going to be done? Terry Foegler: Yes, as we have indicated to Council previously, that is slated for presentation at your July 1 meeting and that you will be getting copies of that study in your packet prior to the July 1 meeting. The consultant basically said his best efforts were to shoot for that date. We hope to be getting some preliminary drafts of information in the next week, if you would like drafts, or rough drafts, but as soon as we get a final report, we'll certainly get it to you. At this point, the burden on the consultant from his contract is to have them by that Thursday. We'll try to get them-- Mayor Rozanski: If you get them before, I'd appreciate it, I think, getting them on Thursday night, and be ready to go Monday, is a little difficult. For the packet is one thing, but for a study like that I think the longer Council has them to look them over, the better off we are. Joel Campbell: There was discussion briefly about it earlier, but Ijust want to reiterate that the Land Use Planning that you and I, Barbara, did they call you to set up for Monday at 5:00, did they check with you on that? Barbara Maurer: No, they didn't. I'll put it on my schedule. Joel: It's going to be at the Post Road office. The discussion is about the planning, at what stage does the City undertake acquisition of properties when a particular plan is set. Is it at the time a plan is done, at the time the property is actually needed, or when the budget is set, or what? Dave Amorose: Finance Committee, one more application for Bed Tax, you received a letter from the Dublin Daybreaker Kiwanis Club, actually a copy of the application, responsible person being Chief Bostic, a letter accompanied that from Foxfire Industries, explaining the situation with rebuilding the fire truck, Dublin's first fire truck, where they encountered, I believe, it was a valve lifter that was malfunctioning. They had to raise it, but because there weren't parts available, the way I understand it, so they're requesting an additional $3,954 for that repair work. Did you all receive a copy of that letter? Alright. We met this evening, Finance Committee met this evening and we would like to go ahead and grant that, that's our recommendation. Along with that, we feel that the fire truck should be covered, to protect it from dust, etc., so it stays nice and clean and shiny when they do clean it up, and a cover to protect that fire truck, costs roughly $350 so we're 24 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting DAYTON LEGAL BLANK CO FORM NO 10148 ReIn June 17, 1991 19 recommending, in addition to the $3,954, an additional $350 for that cover. Barbara Maurer: Does it sit outside? Dave Amorose: It --- Gene, would you like to speak to this matter? Maybe, just answer the question Barbara had, is it housed inside or outside. Gene Bostic: Yes, it is, it's housed inside but because of the farm ground, we have the constant dust going in and out and we've got about, almost $10,000 in the paint job. Mayor Rozanski: There's no guarantee that it'll be housed inside forever, I mean, if we get more equipment in that station, you might have to move it out. --- Who actually owns that fire engine. Gene Bostic: It's titled to the Historical Society. Dave Amorose: And is it insured? Gene Bostic: Yes, it's insured by the Society. Mayor Rozanski: Is there a recommendation by the Finance Committee? Dave Amorose: The recommendation from the Finance Committee would be to grant the additional $4,350. Motion was seconded. Mayor Rozanski: Comments or discussion. Denise King: Just that, I think it should be pointed out, I don't want to be miscontrued by the press, particularly, or the public, this was more than just fixing a valve in an engine, they basically rebuilt the front end -- Gene Bostic: It had to completely, we could not find out if the engine was going to run until everything was put together. Denise King: Right, I wouldn't want the public to think that we paid $4,000 for a lifter, that's all. Dave Amorose: No Gene clarify this. I thought we granted you $1,200 and that was to do the work. Gene: 12,000 for the refurbishing of it. Dave Amorose: I'm sorry, $12,000, to refurbish the --- Gene: that was to put the engine back, actually put the truck back together. But you could not be guaranteed that the engine was even going to run. Dave Amorose: But this is an additional $4,000 for the, basically, the engine repair. Gene: Right, once the truck was put together, it would not start and it had to be torn down completely again ---- Dave Amorose: That's right, but it was, basically had to be torn down because of the valve 25 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting DAYTON LEGAL BLANK CO FORM NO 10148 ReIn June 17, 1991 19 lifter. .... Mayor Rozanski: That's was Denise is getting at, trying to express to the press that it wasn't just to replace a lifter, it was to get to the engine, tear the whole front off, and get to the engine, it was more labor intense than it was materialwise. I have a motion and a second to approve the application for Bed Tax Funds for the fire engine. Any further comments or discussions? ;w.' Hearing none, roll was called and motion carried. Mayor Rozanski: Ask one more time, any other committee reports or comments? Hearing none, comments from staff. Terry Foegler: A few things briefly. Passing around the memorandum that I received from Mark Jones, Division of Planning. Basically, I'll read it real quickly if I can. He says, "I would like to make you aware of the great job, Paula Chope, Urban Forester, and Parks and Recreation, who did on the installation of the new street trees in Olde Dublin. The Olde Dublin Association purchased the trees as part of the 1991 streetscaping program and the Dublin Parks and Recreation Division offered to install them for us. On behalf of the Olde Dublin Association and myself, I wish to bestow a heartfelt thanks to the Parks Department for their exceptional efforts. The crew worked very effectively and efficiently and managed to minimize disruptions to the businesses and residences on High Street during the installation. The rapid followup of cleaning, mulching, and watering was appreciated and favorably commmented on by many shopowners and residents. In summary, they did a fantastic job." So we wanted to acknowledge those efforts and thank the Parks Division for those efforts. Secondly, what I'd like to pass out to Council real quickly, is some forms we had given Council a while back. The memorandum regarding Building Code enforcement, we have established a standard form that we use in-house now for staff who are out on the road in vehicles so that they can quickly --- help yourself to as many of these as you would like. If Council would also like to use this form as a method, it's a big step. And basically, if you wish to keep a copy, they're multi-copied, for your own records, that is fine, to verify follow-ups, but this is a form just designed for the purpose of notifying and sharing action on zoning complaints. Discussion then followed on Council complaint forms and their follow-up. COUNCIL ROUNDTABLE Joel Campbell: Pass Denise King: Couple of things. I was curious if anyone can tell me who monitors camps within Dublin, which either are located in Dublin or which use Dublin's facilities. I'm thinking of the baseball camps, and soccer camps, that kind of thing, to make sure that adequate safety procedures are followed? Janet Jordan responded and she and Mrs. King will have further discussion later. Mrs. King also stated the following: The fact that we had mentioned a minute ago the format for handling constituent inquiries and Ijust wanted to say there's been a case recently where it's worked really, superlatively well and I wanted to commend the Engineering Department and the Police Department for their response to Becky Saylor's inquiry on behalf of the Muirfield Association for watching speeding near the Glick Road pool. Not only were the responses really timely, but, they 26 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting DAYT N LEGAL BLANK co. FORM NO. 10148 ReIn June 17, 1991 19 not only got a letter, but then action was taken, and then a follow-up letter was sent saying what action was taken and, she's very impressed, and I wanted to share with everybody that the system is working extremely well, in that case, and, and as result of that, there are new signs posted there to educate motorists, and there also have been a number of enforcement actions because there is a problem there and, so I guess the other part of that is, please slow down around all the pools in the City. The other item I wanted to mention is that you did all receive a copy of the memo dated June 12 from the Parks and Recreation Committee about the Drug and Alcohol Awareness Program, recommending that the program be adopted City-wide and we don't have a personnel committee, or a, I'm not sure appropriate committee of Council this issue might be referred to, but it was the recommendation of the Parks and Recreation Committee that the City look into adopting a drug and alcohol use and education program citywide. Mayor Rozanski: On this particular issue, I know Dave Harding's worked very hard at working up a policy and, his work and Park and Rec's work, all go to the Board of Personnel Review as appropriate reviewing body in making recommendations to this Council. Dave Harding: I was just going to add, I think that was specifically mentioned in the ordinance that Council passed a number of months ago specifically giving the Personnel Board of Review that kind of authority. Just let me tag onto that and say that, draft policies have been developed in three areas, the Drug-free Workplace Act, Alchohol Use, and Use of Prescription Drugs or Over-the-counter Medication. Those draft policies have been circulated to staff for input. We do have some input back, there will be some fine-tuning of those drafts. I would envision that those drafts will be in the hands of the Personnel Review Board within two weeks, for them to review, modify, and then make recommendations. Barbara Maurer: I'm not sure that, if this is a good program, and that it would need to go to Council, it could be done administratively, certainly, by the Manager. The only point where we might come in is if we need to have more money for it. Denise King: The point of the Parks and Recreation Committee's recommendation was, they felt that no one department should be singled out and they wanted to see it go citywide, they wanted to make sure Council was aware, all of Council was aware of what action had been taken to date, and I agree, it can be done administratively, but we are policy setters, and if this Council feels strongly that it should be, something should be adopted citywide, then we should keep our hand on it. Barbara Maurer: Well, I think we could recommend it ourselves. I read what they did in that program and I would have liked to be there myself as part of the process. I think we could just recommend to the manager that --- Dave Harding: We circulated among staff members and it came up for discussion at a couple different staff meetings. Input was offered, there are some adjustments that will be made to those drafts, and I have spoken with the chairperson of the Personnel Board of Review, Mr. Holub. They are awaiting those policies so they do want to take an active role in reviewing those, and then, I would assume, make recommendations back to Council in terms of to adopt, modify, change, whatsoever, so, that has been in the works and the Personnel Board of Review will be dealing with that issue certainly within the next month. Mayor Rozanski: As important as this is, being the policy makers for the City, I guess I would like it circulated to Council, too, for our information. I don't know if we do that, stepping beyond the Charter's boundaries, but I think that we, as the policy makers of the City, should have input, or at least have an opportunity to look at it. 27 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting DAYTON LEGAL BLANK co. FORM NO. 10148 ReIn June 17, 1991 19 W# Dave Harding: I don't envision that we have any problems with that whatsoever. It was my understanding, though, that Council did want to have the Personnel Board of Review look at it first, and then once they are finished with their adjustments, then Council would be apprised of those policies. More discussion followed. 'ill. Barbara Maurer: I just want to compliment the staff and all the people who participated in the memorial service and the tree planting on Fran's behalf. I thought it was very beautifully done and I think it meant a great deal to the family because it was initiated by the employees and came from the bottom up, not from the top down, and Myra all the other people that participated in that and planned it, I commend you. Secondly, we had a sort of happening last night at Scioto Park in the rain when we were supposed to have the outdoor concert, Arnett Howard arrived an hour early, saw that it was beginning to rain, and said "Well, let's just do it here in the shelter with accoustic instruments" and they had one, I think Parks Department turned up with one generator so that one or two instruments could be electonically used, but the rest of it was just great; and I did my usual, sort of tentative count, and there were 175 people there, which is the largest count I ever had before. I missed last summer's, but when I was counting year before that, it was the largest number we had. They were standing in the rain with their umbrellas, listening, outside of the shelter, and there must have been about 125 inside the shelter, so it was kind of a neat thing that happened there, it was very spontaneous. One thing to mention that I have a letter that was sent to the Powell and Shawnee Hills mayors about, by Fran, several weeks ago about having a dinner with our City Council, and June 26 is the same night that the Chamber of Commerce is having a dinner with City Council, and -- what's been changed? It's been changed from the 30th to the 26th, has it been changed again? Dates and times were clarified. Dave Amorose: Dublin Village Center retention basin. Have we been able to come to any kind of conclusion on that yet? Terry Foegler: I'll let Steve Mack update you on that. I had first asked him for a copy of all the correspondence and when I saw how big the file was on that one issue, in the efforts to get those two parties together, both of which refused to meet. But I think if you want a more detailed presentation on the status of that issue, Steve Mack would certainly be---- Dave Amorose: I would appreciate it, because it is a situation where many of the residents of David Road are very concerned. Steve Mack: We have been passing, or sending letters back and forth between all parties, it's kind of the City's position of being an interested third party, or middleman if you will, between two adjacent property owners who can't seem to, want to sit down at a table and negotiate. The solution to the problem out there is fairly simple, unfortunately, requires both of them to give and take a little and neither one seems to want to do that. We've tried to correspond with the owner of Shamrock Square, that development Jack Vogel, I think three times over the last 4 or 5 weeks, in writing, to try to get him to come to a meeting, and he has either failed to schedule or has cancelled out or failed to show up for several meetings, going back, clear back into November of last year, is instigating a lot of letters to us in terms of accusations, but does not seem to want to come and sit down at a table and discuss it. We're kind of at an impasse in that we cannot solve anything until the two parties are willing to sit down and face each other and talk about it, and we can't seem to get to that point. And I don't believe, I talked with Mitch about it a little bit, I'm not sure at this point, that we have any leverage to force them to the table. The way it sits right now is that the basin that was built out there, was originally designed to be a dry basin, was 28 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting Ii DAYTON lEGAL BLANK co. FORM NO. 10148 ReIn June 17, 1991 19 .- to discharge through a 15" line at the south end of the AMC property into an easement that, in the Shamrock development, was to have been a piped storm sewer system. Because that development is not moving ahead, AMC first proposed, I say, AMC, Dublin Village Center, proposed to utilize the easement area instead of putting a pipe to put a ditch in, and to construct the drainage or the detention basin in a similar fashion, and have an open ditch rather than a pipe. The owner of Shamrock Square opposed that, so what we ended up doing was modifying the detention basin, essentially re-establishing the two outlets, or I guess there were three outlets, that existed previously and restoring conditions to what they were pre-existing the mofification by Drexel. What that has done is that the basin as built was deeper than the old one, so what we've, what started out to be a dry detention basin, has turned into a retention pond. As we stand right now, it's the City's position, and our consultant that does drainage design concurs with that, is that the system for practical purposes is functioning as it did before in terms of discharge onto Shamrock Square's property, that is a point of contention with Jack Vogel. The net result for the citizens is that instead of having a dry basin in their backyards, they have a retention pond that's holding roughly a foot and half to two feet of water, that has slowed down the completion of that basin, it's causing some problems to the Penzone sight because they're running sump pumps 24 hours a day because of, the level of the water is now running backwards into their basement area. So what they are doing is using sump pumps, cycling this water back and forth. We're kind of at an impasse, we've been trying as, again an interested third party, to get these people to sit down and talk to one another, and they don't seem to want to do it. .... tIP'..."!! Terry Foegler: It would sound, Mr. Amorose, that it may be appropriate since we think we've exhaused every reasonable effort to do it cooperatively, to maybe have a more formal investigation on the part of the Legal staff to see if, in fact, there is any legal way to bring about compliance on this issue, and we can put together a draft to request for legal services in that regard and see what our possibilities are. ......... ,,~ Mayor Rozanski then read a letter from Wyandotte Lake to Governor V oinovich commending Officer Epperson and Officer McClaskey on their work and dedication to the DARE day that they coordinated at Wyandotte Lake. Being no further business, meeting was adjourned. ,-1 . /} lllcf./Ltl. If , Clerk/of Council /) ! ,I I / / 12 iJ'- /L /~ACL - t / " ' 29