Loading...
HomeMy WebLinkAbout11/16/2009RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting November 16, 2009 Mayor Chinnici - Zuercher called the Monday, November 16, 2009 Regular Meeting of Dublin City Council to order at 7:00 p.m. at the Dublin Municipal Building. Present were Mayor Chinnici - Zuercher, Vice Mayor Boring, Mr. Gerber, Mr. Lecklider, Mr. Reiner and Ms. Salay. Mr. Keenan arrived late, due to his return from out of town. Staff members present were: Mr. Foegler, Ms. Grigsby, Mr. Smith, Ms. Readler, Mr. McDaniel, Chief Epperson, Mr. Thurman, Mr. Earman, Ms. Crandall, Mr. Hammersmith, Mr. Hahn, Mr. Harding, Ms. Ott, Ms. Nardecchia, Mr. Edwards, Ms. Adkins, Ms. Leroy and Ms. Colley. PLEDGE OF ALLEGIANCE The scouts from Troop 117, St. Brigid of Kildare led the Pledge of Allegiance. APPROVAL OF MINUTES Regular Meeting of November 2, 2009 Mr. Gerber moved approval of the minutes. Mr. Lecklider seconded the motion. Vote on the motion: Ms. Salay, yes; Mr. Lecklider, yes; Vice Mayor Boring, yes, Mr. Gerber, yes; Mayor Chinnici - Zuercher, yes; Mr. Reiner, yes. SPECIAL PRESENTATION /PROCLAMATIONS Titration III — "Rock, Paper, Sculpture" David Guion, Executive Director, Dublin Arts Council reported regarding the third and final installment of the sculpture exhibition in the Titration series. Due to Council's decision to acquire the additional elements in Titration II last year, over 50 individual sculptural elements have been added to the collection. These items are in addition to the seven commissioned large -scale public art pieces and the nine commissioned river boxes. For the Titration III exhibition, an award was received from the National Endowment for the Arts for the project. Joseph Wheelwright, a Boston sculptor, completed the three works, which are featured in the exhibition. The pieces were installed in September 2009. Public voting on the pieces began October 5, and the public selected the piece named, "Yellow Birch." Council and City staff, however, have expressed concerns about the longevity of this piece due to the material, and therefore the Dublin Arts Council Board has decided to gift the piece that received the second highest number of votes, "Jaunty Hornbeam," to the City. The Board is also working on plans to retain the other two art works within the City. The site for "Yellow Birch" will be an indoor location, and they would also like to retain "Sanguine Standing Stone" on the Dublin Arts Council property. Karrer Middle School FIRST LEGO Robotics League — Bionic Beasts Gary Gao, FIRST LEGO Robotics League team coach indicated that each of the seven team members would comment briefly on an element of the competition. The team members include Tom Gao, Daniel Hong, Anuja Jayanti, Pranav Kaza, Michael Lee, Aman Prasad, and Kevin Xuan. The coaches include Gary Gao, Scott Hong, and Sridhar Kaza. The theme of this year's challenge was "Smart Move." The goal was to identify a problem with the nation's transportation system and identify innovative solutions. Mayor Chinnici - Zuercher commended the team on their research efforts. CORRESPONDENCE There was no correspondence requiring action from Council. CITIZEN COMMENTS There were no citizen comments. AGENDA MODIFICATION Due to the number of citizens present to testify regarding the request to waive Architectural Review Board review of the Bicentennial Art in Public Places Project, Mayor Chinnici - Zuercher moved to modify the agenda to move this item forward. Mr. Gerber seconded the motion. Vote on the motion: Mr. Reiner, yes; Vice Mayor Boring, yes; Mayor Chinnici - Zuercher, yes; Ms. Salay, yes; Mr. Gerber, yes; Mr. Lecklider, yes. RECORD OF PROCEEDINGS Minutes of Dublin City Council Mee in November 16, 2009 Page 2 OTHER Request to Waive Architectural Review Board Review of the Bicentennial Art in Public Places Project and Request for Fee Waiver Ms. Ott presented the request of City staff and the Dublin Arts Council (DAC) to waive the Architectural Review Board (ARB) review of the project. The project will be installed on the site housing the Karrer Barn, which is located on South High Street in the Historic District of the City. A longstanding practice of the public art program in Dublin has been that the review is the responsibility of the public art selection committee, and City staff and the Dublin Arts Council staff recommend that process be followed in this case as well. Staff and DAC also recommend that Council waive the application fee for the plan review and building inspection services on the basis that the City will be the ultimate owner of the project. Mayor Chinnici - Zuercher invited public testimony. Mike Harris, 6199 Dublin Road stated that his residence is located next to the Karrer Barn site. He purchased his land from the Karrer trust. Part of the agreement was to split the lot, giving one acre with the barn to the City. The fiduciary agreement on the transaction places restrictions on the land. The residences and businesses in that area are within the Historic District, and any proposed modifications to those properties must be reviewed by the Architectural Review Board. The community residents would like to have the process remain in place for the Karrer Barn site, as well. Janice Carroll, 190 South High Street stated that her residence is located diagonal to the Karrer Barn site. They enjoy living in Old Dublin. She views the barn every day and would like to make sure what she will be looking at is consistent with Old Dublin. She believes the ARB oversight is valuable and would like it to remain in place for this project to make sure the art is appropriate for the Historic District. Jane Fox, 5193 Dublin Road stated that her home is located two doors away from the barn. The ARB is the protector of the Historic District and provides an assurance that the historic character of the area will remain as it should. Removing the art project from that process is not fair. The art work will be judged by artists, and art is subjective. The historical character is separate from the artistic character, and in this case, should be considered along with the artistic character. With the public art committee review, there would be no one reviewing to ensure that the art work fits within the historical character of the Historic District. City Council does not want to review art projects; that is exactly why they have designated a separate art selection process. The historical review needs to be conducted by someone, and historical character review of any elements in the Historic District is usually conducted by the ARB. She would also like to have the ARB offer the community a forum to discuss how that land is used. This is a special space; it is more than a passive place for people to walk their dogs. It would be beneficial for the artists to hear how special that place is to the community. She believes there is a balance between what is artistic and what is historical. Bill Souders, 5516 Dublinshire Drive ARB member stated that the ARB is able to meet a quick timeline, if there is a concern about a speedy review. ARB could hold a special meeting for this review to accelerate the process. He would prefer this project not bypass ARB in regard to a historical review. The community should be given a chance and offered a mechanism for this review -- the purpose for which ARB was originally established. Tim Greenhaugh. 224 S. High Street stated that he lives across from the bam. They were aware of this project due to the local newspaper or flyers. However, he would have expected that with a project of this significance, the City would have notified and addressed the people who live adjacent to the project in a more personal manner. He has not seen a picture or anything specific about the project. How large will this project be? Will it be lit at night, having an impact on his home? They have these kinds of minor concerns because they have heard absolutely nothing. They learned about this last night at a meeting. He is disappointed that nothing was shared directly with the neighbors living adjacent or near the Karrer Barn. Secondly, he has previously had a project reviewed by the ARB, and he believes the experience is one that Dublin Arts Council should also RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting November 16, 2009 Page 3 share. The ARB review process is not simple, and it costs the applicant time and money. If the DAC receives a waiver, he would also like to have a waiver of review by ARB for his next project. In any case, he does not believe receiving a waiver from any review by the ARB would be appropriate. Mayor Chinnici - Zuercher asked Mr. Guion to explain the process the Dublin Arts Council anticipates. Mr. Guion responded that City Council discussed the Bicentennial bed tax grants on July 1s`, and directed that the Bicentennial public art piece should be commissioned and administered by DAC. DAC met with the City staff on August 3 r and discussed the project, including potential sites to be recommended to Council. The art work was to be delivered in 2010, shortly after the Historical Society's Founders Day event. He noted that the community must have a voice in the selection of the commissioned artwork; the location must have meaning to the community; the artwork should resonate with both old and young, both new and long -time residents; and the artwork must be linked to the Bicentennial theme and be relevant to Dublin's history. Site consideration factors were also discussed, such as its impact on the community, historical significance and symbolic relevance. They also identified the need for structural integrity. In regard to the artist, they desired an artist whose work would have such transformational potential. After visiting the potential sites, the DAC staff recommended the Karrer barn property site to house the Bicentennial piece. Mayor Chinnici - Zuercher stated that following those steps, an RFQ was submitted. Potential artists have been interviewed, and three of those have been selected for consideration. What will the remainder of the process consist of? Mr. Guion stated that a national RFQ resulted in 119 artist applications. The applicants visited Dublin for 12 hours to gather information. They had several discussions and toured the Karrer barn property. Information was shared with them regarding the directive from the City's Community Relations division that the Bicentennial project should focus on past, present and future aspects of Dublin. On December 15, the three artists will present their models and proposals in Council Chambers to the Committee and to the public. Deliberation will occur at that event, followed by a selection of the finalist. He noted that the community apparently does not believe they have not had any input up to this point. This public art process would normally take two years, but the project is on a tight timeline in order to have it ready in the Bicentennial year. He encourages the community to express their views regarding the Karrer barn and its meaning to the community. Ms. Ott has suggested a videotape be made of those residents who want to share information about their opinions regarding the site. Such a tape would need to be shared with the artists as soon as possible, as they are in the process of creating their proposals. He believes the residents' comments are critical to the development of this process. Mayor Chinnici - Zuercher asked staff to elaborate on the vision they shared with Mr. Guion concerning this project. Ms. Ott responded that the information shared was a result of the discussion in 2008 concerning the Bicentennial bed tax grants. Three objectives were established for this project that aligns with those: celebrating Dublin's past, its present and envisioning its future. Those three objectives are tied to many of the activities planned for the Bicentennial celebration. The initial 2008 information has been the guide for development of the components of the Bicentennial, including the Bicentennial public art project. Mr. Reiner asked what will occur at the artists' presentation of their models and proposals. Mr. Guion responded that only one artist at a time would present their vision and model in Council Chambers. The other two artists would wait in another room. The public attending would be asked to fill out comment cards for the three models. After the presentations, a moderator would lead a discussion about issues and concerns about each proposal to give the public a voice in the process. Mayor Chinnici - Zuercher asked for confirmation of the meeting time on December 15`" Mr. Guion responded that the presentations would begin at 6 p.m. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting November 16, 2009 _ _ Page 4 Mr. Reiner asked if the artists have an understanding of the historical character that must be taken into consideration in the artwork. Mr. Guion responded that he believes the artists sensed the reverence of the site; the Kamer barn is a powerful presence. He believes the artists' proposals will need to be subtle, because the barn speaks significantly in terms of its history. He asks the public to have faith that the artists will design pieces that will enhance the site, not detract from it. Ms. Salay asked Mr. Guion to share how the selection committee was chosen and why this specific review process was selected. What will the selection committee's role be on December 15 Will they be reviewing the presentations at the same time as Council and the public? Mr. Guion responded that is correct. The committee members include: • Gayle Holton, a graphic designer and who represents the Dublin Historical Society • John Lasco, Dublin Arts Council board member. Mr. Lasco is also an engineer. • Irene Fink who previously led the One Percent for the Arts Program for the State of Ohio. • Mark Emerson, previously involved with a well known Columbus art gallery for over 20 years. • Todd Slaughter, artist of the Watch Tower public art project. Ms. Ott is an ex officio committee member, and he serves as a non - voting member. Vice Mayor Boring asked if the budget for this project has been clearly communicated to the artists, and if they would produce the work within that budget. Mr. Guion responded that they were made aware that the total budget was $150,000, all inclusive. He noted that by December, DAC will have spent $30,000 on the Bicentennial Public Art process. When the $150,000 is forwarded to the DAC by the City, it will then be forwarded directly to the artist. The three artists competing for this project have a significant level of experience with commissioned art. Vice Mayor Boring asked if, as part of the public presentation of their models, the artists would provide the size of the ultimate project depicted on a background view of the Karrer barn to allow the public to understand the size in relationship to the site. Mr. Guion responded that he anticipates that type of presentation. If Council has other suggestions, he will pass those on to the artists. Mr. Gerber stated that this site is a unique setting. Have the artists been made aware of the deed restrictions on the property? Mr. Guion responded that the artists have all the documents provided by staff, which include the deed restrictions. He is certain they will abide by the designated parameters. Mr. Gerber stated that in reviewing the deed restrictions, he is concerned that the artists understand that the art work should focus primarily on the past. Present and future would seem to be more appropriate in some setting other than the barn. Mr. Guion responded that if Council wants the artwork to focus on the past, it will not be problematic to communicate that to the artists. Some have observed that it would be a challenge to incorporate past, present and future in the Bicentennial art piece. Mr. Gerber stated that the deed restrictions specifically indicate, "in keeping with the historic nature of not only the facility but the area." It is not possible to incorporate present and future and comply with that deed restriction. Mr. Guion responded that he concurs. Mr. Lecklider asked if the November 10"' letter that was sent to the finalists also has been shared with the residents. Ms. Ott responded that she did speak to the residents and shared the letter with them. The selection committee will need to recognize that the deed restrictions will be key in the selection of the piece suitable for this particular site. She made that clear to the artists when they toured the site. Mr. Lecklider stated when in reading the deed restrictions -- in respect to the barn, the limestone wall, the wagon wheel jig, etc., it is quite clear that the intention is to preserve the historic character of this site. It is essential to be respectful of that. Mayor Chin nici-Zuercher stated that in comparison to all of the other public art sites, this site is one of the few, if not the only site that is nestled within a neighborhood. It will not be RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting November 16, 2009 Page 5 Held 20 in a commercial area with buildings facing it, as is characteristic of the other sites. That probably brings the greatest angst, as this art piece will be a neighbor. She agrees with Mr. Gerber. Also, the intent of the Bicentennial is to focus on history. She believes that Council's discussion regarding the selection of this site focused on the appropriateness of this site due to its history. The barn itself is a very strong element. It is essential for the art to be complementary and to enhance the barn's meaning to the community. Perhaps that is where the past, present and future term fits — in describing its significance to the community, not that it would be a contemporary element. She believes that is the sentiment of Council and was the intent of Council from the beginning. It is quite critical that the artists understand that the emphasis must be on history. Mr. Lecklider noted that the paragraph designated `Other" generally captures his sentiment. "This site is not intended to be an active gathering location, and therefore, limited focus will be placed on altering the site for accommodating ongoing use beyond the public enjoyment of the pastoral setting, historical elements and artwork. After the artwork is installed, the site should still provide a sense of Dublin's agricultural and historic past." He believes that captures the intent very well. Ms. Salay suggested that a videotape of this portion of the Council meeting be provided to the artists. It would include the public comments and Council's discussion. The selection committee should be sensitive to these sentiments, as well. Mayor Chinnici - Zuercher concurred. She also encouraged the interested residents to participate in the video, which was suggested. The residents can express their opinion in whatever greater detail they wish, and that videotape will then be provided to the artists. She inquired if Ms. Ott could schedule the videotaping this week. The artists likely are at work on their proposals now. Ms. Ott responded that they will proceed as quickly as possible. Those residents who are interested should contact Mr. Guion or Ms. Ott following this meeting. Mr. Gerber stated he has concerns about the deadline established for the artwork. There is a real effort to speed up the process in order to have this artwork completed for the City's Bicentennial celebration in 2010. However, it is more important to do this right than quickly. Further, the City has a strong tradition of including its residents in every aspect of what the City does. This artwork will be very close to a neighborhood and the residents should be given many opportunities to meet and share ideas on the public art. He does not want to compromise the public input process by speeding up the timeline. Mr. Guion responded that the DAC staff has discussed the possibility that the art not be a 2010 Bicentennial public art work. It could be an Historic Dublin public art project instead. That would provide some leeway with which the artists would feel more comfortable. Although they have indicated they could do the project within the tight timeframe, it would be preferable to have time to obtain more input from the community. Mayor Chinnici - Zuercher responded that she would support adjusting the timeline. Council wants the best project possible and if that requires working throughout 2010 to do so, then that is what should occur. The community will be living with this artwork a long time, and it would be better to have the community celebrate the acquisition. It appears the artists would concur with that sentiment, as well. She requested Council members' input. Vice Mayor Boring responded that she would prefer to have the process proceed, and to have the artist propose a completion date to Council. Ms. Salay asked how long the process would take, after the artist is selected. Mr. Guion responded that a true public artist is not strictly a sculptor or artist. They are also a researcher, and want to know everything they can about the community and the people for whom they will be creating this piece. In the past, a two -year period has been allowed, and that is reasonable. With the Bicentennial art project, they have been working long hours to try to make it happen. He believes the more time allowed, the better the project, as the artist will have a more complete understanding of the Dublin community. Mayor Chinnici - Zuercher asked if the December 15 meeting needs to be moved back. RECORD OF PROCEEDINGS Minutes of Dubl o uncil Meeting November 16, 2009 _ _ Page 6 Ms. Ott suggested that she and Mr. Guion bring back a recommendation for a revised timeline to Council. It will be beneficial to outline the input process and then define the calendar to fit that process. Council concurred with the suggestion. Mayor Chinnici - Zuercher summarized that Council's direction is that the timeframe for this project be expanded to allow opportunity for the community to be more involved in the process. Mr. Harris asked about Council's decision regarding exempting this project from the ARB review. Mr. Gerber moved to table indefinitely action on the recommendations. Vice Mayor Boring seconded the motion. Vote on the motion Mr. Reiner, yes; Ms. Salay, yes; Vice Mayor Boring, yes; Mr. Lecklider, yes; Mayor Chinnici - Zuercher, yes; Mr. Gerber, yes. Mayor Chinnici - Zuercher stated that the process itself will not be revised at this time. A recommendation for a modified process may be made to Council at a future date. At this time, the recommendations proposed by staff have not been acted upon. SECOND READING /PUBLIC HEARING — ORDINANCES Ordinance 63 -09 Amending the Organizational Structure for the City of Dublin. Mr. Foegler stated that the staff presentation occurred at the previous Council meeting. For this meeting, staff has provided a memo in response to Council's questions raised at the last meeting. Mayor Chinnici - Zuercher requested further clarification of a comprehensive definition for the sustainability function. The memo states, "the sustainable principles that are based on a balanced approach to the environment, economy, society, etc." Mr. Foegler responded that, increasingly, the emphasis of sustainability will refer to the balancing of all the elements, not only the environmental issues. Vice Mayor Boring asked why this particular function would report directly to the Office of the City Manager versus being housed in an area that deals with land use. Mr. Foegler responded that this is not necessarily a long -term structural relationship. Initially, in order to institutionalize this function within the organization with the priority that it requires, it requires the connection to the City Manager's office. Once the institution of sustainability has been advanced, it will be restructured within the organization. Vote on the Ordinance: Mr. Reiner, yes; Vice Mayor Boring, yes; Mayor Chinnick Zuercher, yes; Ms. Salay, yes; Mr. Gerber, yes; Mr. Lecklider, yes. (At this point, Mr. Keenan arrived at the meeting.) Ordinance 64 -09 Amending Chapters 51 and 52 Establishing User Fees and Capacity Charges for Sanitary Sewer and Water Systems. Ms. Grigsby stated that there is no additional information. Staff requests adoption at this hearing. Vote on the Ordinance: Ms. Salay, yes; Mr. Lecklider, yes; Mr. Reiner, yes; Mayor Chinnici - Zuercher, yes; Vice Mayor Boring, yes; Mr. Gerber, yes; Mr. Keenan, yes. INTRODUCTION /FIRST READING — ORDINANCES Ordinance 65 -09 Amending the Annual Appropriations Ordinance for the Fiscal Year Ending December 31, 2009. (Request to dispense with public hearing) Mr. Lecklider introduced the ordinance. Ms. Grigsby stated that this legislation provides additional funding authorization for the purposes identified. A couple of the more significant requests relate to legal fees and the fact that there is one additional payment this year — 13 payments this year versus the 11 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting November 16, 2009 Page 7 payments made last year. There is an additional request related to income tax refunds, based on requests made by corporations for net profit refunds. Mayor Chinnici - Zuercher stated that she has a process question. When Council will be considering issues that require legal services above and beyond the base contract with the firm, is it possible for Council to be provided with a range or an estimate of costs before moving forward? Mr. Foegler responded that a process has now been reinstituted requiring that any requests for legal services beyond the normal base services must be formally submitted to the City Manager's office. If he concurs with the necessity for the service, he will obtain an estimated cost from the Law Director's office for the provision of that service. Since the implementation of that practice, more scrutiny has been applied to additional legal services. At the December 7 Council meeting, he anticipates an executive session discussion regarding that personnel matter. Mayor Chinnici - Zuercher asked if revenues will increase as a result of the funding needed for telecommunications - related legal services that may ultimately be related to economic development. Ms. Grigsby responded that in some cases that is a possibility, as well as some of the expenditures for legal services which tie back to other projects, such as infrastructure projects or right -of -way acquisitions for TIF districts. Some of those costs are reimbursed in the future to the General Fund. There is the potential for additional revenue generation. Mayor Chinnici - Zuercher stated that it would be helpful to have that information as well as the estimated costs. Where there is the possibility of revenue being generated, Council could have a better sense of the potential return on the investment. Vice Mayor Boring referred to Section 7, Revenue Sharing Payments with Dublin Schools. Why wasn't Dublin able to anticipate that? Ms. Grigsby responded that much of that is dependent on the projected volume of income tax revenue from various companies, whether companies will remain in their existing locations, and the County's Auditor's determination of value for the building. If the building value increases, the City's payment to the school district increases. Vice Mayor Boring inquired if these are TIF related. Ms. Grigsby responded that these relate to the Community Reinvestment Area where there is a property tax abatement for the Tuttle Crossing area. Mr. Gerber moved to dispense with the public hearing. Ms. Salay seconded the motion. Vote on the motion: Vice Mayor Boring, yes; Mr. Keenan, yes; Mr. Reiner, yes; Ms. Salay, yes; Mr. Gerber, yes; Mr. Lecklider, yes; Mayor Chinnici - Zuercher, yes. Vote on the Ordinance: Mr. Gerber, yes; Mr. Reiner, yes; Mr. Keenan, yes; Mayor Chinnici - Zuercher, yes; Vice Mayor Boring, yes; Ms. Salay, yes; Mr. Lecklider, yes. Mayor Chinnici - Zuercher introduced Ordinances 66 -09 through 80 -09 regarding the Metro Park bikepath and moved to waive the Rules of Order, asking the Clerk to read only the names of the property owners into the record. Vice Mayor Boring seconded the motion. Vote on the motion Mr. Lecklider, yes; Vice Mayor Boring, yes; Ms. Salay, yes; Mr. Reiner, yes; Mr. Gerber, yes; Mr. Keenan, yes; Mayor Chinnici- Zuercher, yes. Ordinance 66 -09 Authorizing the City Manager to Execute Necessary Conveyance Documentation to Accept the Dedication of a 0.062 Acres, More or Less, Permanent Bikepath Easement and a 0.115 Acres, More or Less, Temporary Construction Easement From HPTRI Properties Trust. Ordinance 67 -09 Authorizing the City Manager to Execute Necessary Conveyance Documentation to Accept the Dedication of a 0.031 Acres, More or Less, Permanent Bikepath Easement and a 0.114 Acres, More or Less, Temporary Construction Easement from McCormick Westpointe Metro Lakes, LLC and Affiliated Companies. RECORD OF PROCEEDINGS Minutes of Dublin ity Council November 16, 2009 Page 8 Ordinance 68 -09 Authorizing the City Manager to Execute Necessary Conveyance Documentation to Accept the Dedication of a 0.057 Acres, More or Less, Permanent Bikepath Easement and a 0.061 Acres, More or Less, Temporary Construction Easement from Metrocenter Owners Association, Inc. Ordinance 69 -09 Authorizing the City Manager to Execute Necessary Conveyance Documentation to Accept the Dedication of a 0.029 Acres, More or Less, Permanent Bikepath Easement and a 0.125 Acres, More or Less, Temporary Construction Easement from Metrocenter Office Investment, LLC. Ordinance 70 -09 Authorizing the City Manager to Execute Necessary Conveyance Documentation to Accept the Dedication of a 0.034 Acres, More or Less, Permanent Bikepath Easement and a 0.207 Acres, More or Less, Temporary Construction Easement from 495 Metro Place, LLC. Ordinance 71 -09 Authorizing the City Manager to Execute Necessary Conveyance Documentation to Accept the Dedication of a 0.048 Acres, More or Less, Permanent Bikepath Easement and a 0.093 Acres, More or Less, Temporary Construction Easement from 545 Metro Place, LLC. Ordinance 72 -09 Authorizing the City Manager to Execute Necessary Conveyance Documentation to Accept the Dedication of a 0.007 Acres, More or Less, Permanent Bikepath Easement and a 0.061 Acres, More or Less, Temporary Construction Easement from JP Morgan Chase Bank, N.A. Ordinance 73 -09 Authorizing the City Manager to Execute Necessary Conveyance Documentation to Accept the Dedication of a 0.028 Acres, More or Less, Permanent Bikepath Easement and a 0.130 Acres, More or Less, Temporary Construction Easement from 570 Metro Place North Limited Partnership. Ordinance 74 -09 Authorizing the City Manager to Execute Necessary Conveyance Documentation to Accept the Dedication of a 0.032 Acres, More or Less, Permanent Bikepath Easement and a 0.133 Acres, More or Less, Temporary Construction Easement from Dublin Metro Hotel LLC. Ordinance 75 -09 Authorizing the City Manager to Execute Necessary Conveyance Documentation to Accept the Dedication of a 0.017 Acres, More or Less, Permanent Bikepath Easement and a 0.057 Acres, More or Less, Temporary Construction Easement from The Ohio Society of Certified Public Accountants. Ordinance 76 -09 Authorizing the City Manager to Execute Necessary Conveyance Documentation to Accept the Dedication of a 0.006 Acres, More or Less, Permanent Bikepath Easement and a 0.054 Acres, More or Less, Temporary Construction Easement from Pizzuti Land LLC. Ordinance 77 -09 Authorizing the City Manager to Execute Necessary Conveyance Documentation to Accept the Dedication of a 0.016 Acres, More or Less, Permanent Bikepath Easement and a 0.065 Acres, More or Less, Temporary Construction Easement from Pinnacle Dublin Limited Liability Company. Ordinance 78 -09 RECORD OF PROCEEDINGS Minutes of Dublin _Ciity Council November 16, 2009 Page 9 Authorizing the City Manager to Execute Necessary Conveyance Documentation to Accept the Dedication of a 0.011 Acres, More or Less, Permanent Bikepath Easement and a 0.190 Acres, More or Less, Temporary Construction Easement from Two Metro Place Partners LLC. Ordinance 79 -09 Authorizing the City Manager to Execute Necessary Conveyance Documentation to Accept the Dedication of a 0.019 Acres, More or Less, Permanent Bikepath Easement and a 0.097 Acres, More or Less, Temporary Construction Easement from Bre /Esa Properties LLC. Ordinance 80 -09 Authorizing the City Manager to Execute Necessary Conveyance Documentation to Accept the Dedication of a 0.032 Acres, More or Less, Permanent Bikepath Easement and a 0.144 Acres, More or Less, Temporary Construction Easement from Eastrich No. 167 Corporation. Mr. Hammersmith stated that these ordinances reflect necessary bikepath easements to be obtained along Metro Place North and South. This is a longstanding project, which has already taken two years working in a public /private partnership between the City and all the businesses located along that roadway. The CIP budget provides for a makeover of Metro Place North and South, including installation of a bikepath around the perimeter of the roadway, the replacement of the existing AEP streetlights with upgraded City -owned streetlights, repavement of the existing street, and fixing the curb and gutters. Construction is anticipated to begin in June 2010 and be completed by the end of the summer. Mr. Smith noted that all of the easements for this project are being donated to the City. Mayor Chinnici - Zuercher noted that this was an excellent opportunity to partner with the corporate community, and Council extends their appreciation to all of those corporations. Mr. Hammersmith acknowledged the efforts of Ms. Gilger, Economic Development, who was instrumental in making the contacts with the corporations. Mr. Lecklider suggested that Council also forward a letter of appreciation to the corporations. Mayor Chinnici - Zuercher suggested that the letter be available for Council's signature at the December 7th second reading and vote on this legislation. There will be a second reading /public hearing of Ordinances 66 -09 through 80 -09 at the December 7 Council meeting. INTRODUCTION /PUBLIC HEARING - RESOLUTIONS Resolution 55 -09 Accepting the Lowest and Best Bid for the Emerald Fields Park Playground Project. Ms. Salay introduced the resolution. Mr. Hahn stated that this project represents a major addition to Emerald Fields. It includes a large universally accessible playground, for which the City obtained a State grant. The park also contains public restrooms, parking and a maintenance building. Staff recommends approval of this resolution accepting the lowest and best bid submitted by The Setterlin Company. Mayor Chinnici - Zuercher stated that staffs memo indicates this project will include the alternates of #3, #4, #6 and #7. What about the other alternates? Mr. Hahn responded that upon further consideration, staff determined that the design containing the overlook gazebo and sidewalk had too significant of an impact on the small number of trees within the park. The wood lattice fence seemed out of character with the informal, rural look of the park. The flag pole, originally sited along the walkway to the gazebo, will be located elsewhere in the park. Vote on the Resolution: Mr. Gerber, yes; Mr. Reiner, yes; Ms. Salay, yes; Vice Mayor Boring, yes; Mr. Lecklider, yes; Mr. Keenan, yes; Mayor Chinnici- Zuercher, yes.. RECORD OF PROCEEDINGS Dublin City Council Meeting November 16, 2009 Page 10 Resolution 56 -09 Declaring Certain City -Owned Property as Surplus and Authorizing the City Manager to Dispose of Said Property in Accordance with Section 37.08 of the Dublin Codified Ordinances. Mr. Lecklider introduced the resolution. Mr. Thurman stated that this legislation seeks authorization to dispose of five City vehicles and two larger equipment items — a skid steer and a front -end loader, each of which has an estimated value of more than $5,000. Most of the vehicles are old and in need of major repairs. Mr. Keenan inquired if the property value is per item or a sum total. Mr. Thurman responded that it is per item Mr. Keenan stated that the information provided notes that one of the diesel fuel tanks is rusted; another is leaking. Is there any associated liability for the City? Ms. Grigsby responded that the Gov Deals application permits the City to note the condition of any of the vehicles. Mr. Lecklider asked if the Dodge caravan actually has only 10,000 miles of use. Mr. Thurman confirmed that is correct. The warranty had expired before the serious problems occurred. Vote on the Resolution: Mayor Chinnici - Zuercher, yes; Vice Mayor Boring, yes; Mr. Reiner, yes; Mr. Lecklider, yes; Mr. Gerber, yes; Mr. Keenan, yes; Ms. Salay, yes. Resolution 57 -09 Authorizing the City Manager to Enter into Agreements with the Ohio Department of Transportation (ODOT) for Resurfacing Pavement from 0.06 Miles South of Martin Road to the SR- 257 -161 Intersection; from the SR- 257/SR -161 Intersection to the Delaware County Line; and from the Franklin County Line to Just South of SR- 750 /Glick Intersection. Mr. Reiner introduced the resolution. Mr. Hammersmith stated that this is consent legislation with ODOT allowing the project of resurfacing US 33 and SR 257 (Riverside Drive). This project was initially programmed for 2012, but as a result of internal prioritizations, ODOT has contacted the City to suggest moving the project up to 2010. CIP funds have been programmed for the City's portion of the work, for not only the 20% match, but some additional work as well. That breakdown is provided in the staff report provided to Council. An advance from the City of $183,000 is required. Staff anticipates the project will begin next summer. Mr. Keenan asked about the drainage and curbs. Dublin has one of the first underpasses constructed in the area at Riverside Drive, which goes under Bridge Street. Could there be any drainage issues in that location that would increase the cost of the project Mr. Hammersmith responded that there are no issues. Several years ago, the pavement on that section of roadway was replaced. Mr. Keenan inquired if the drainage in that area is all natural, without mechanical components. Mr. Hammersmith confirmed that is correct. Vice Mayor Boring asked for clarification of the exact portion of roadway incorporated in the project. Mr. Hammersmith responded that the project has been broken down into three different sections: (1) U.S. 33 from Martin Road to the intersection of SR 161 /Riverside Drive; (2) State Route 257 from SR161 /Riverside Drive north to the corporation limit; and (3) from the corporation limit to just south of Glick Road or the new SR 750. Mr. Lecklider stated that the total cost of the project is estimated to be $1.5 million. What is Dublin's portion of that cost -- $183,000 or $3,000? Mr. Hammersmith stated that the portion north of the corporation limit would be paid completely by ODOT. Dublin's approximate cost will be $183,000. RECORD OF PROCEEDINGS Minutes of Du blin City_ Co uncil Meeting November 16, 2009 Page 11 Vote on the Resolution: Mr. Keenan, yes; Mr. Lecklider, yes; Mr. Gerber, yes; Ms. Salay, yes; Mayor Chinnici - Zuercher, yes; Vice Mayor Boring, yes; Mr. Reiner, yes. Resolution 58 -09 Authorizing the City Manager to Enter into Any Required Applications and Agreements with the Ohio Environmental Protection Agency (OEPA) In Order to Accept Funds from the American Recovery and Reinvestment Act (ARRA) Funds Designated for the COIC Sanitary Sewer Extension Project. Ms. Salay introduced the resolution. Mr. Hammersmith stated that the City was awarded funds for three of the grant applications submitted for a sewer relining project. The other two applications were not successful. Subsequently, several of the projects submitted by other entities were not ready to proceed, and the OEPA has contacted the City to inquire if Dublin would be ready to proceed with the COIC Phase 1 Sanitary Sewer Project. Dublin is ready to do so, with the exception of a necessary easement that has been difficult to obtain. It has been decided to move forward with a revised alignment, which will eliminate the need for the problematic easement. This alignment will also reduce construction costs and better position Dublin to receive the ARRA funds. That alternate design has been completed and will be submitted to OEPA. The total estimated construction costs are $520,000 versus the $690,000 estimated for the original design. The revised alignment will not cross the Pewamo parcel but remain on City property and head north to reach the 91 acres north of SR 161 that will receive City services. The City is not assured of receiving the grant, but will be in a good position to secure the funds. The project does need to be bid so that OEPA can award the funds and present the proposal to their Board in January. Staff anticipates having a bid acceptance ready for approval at the December 7 Council meeting. Mr. Lecklider referred to the comment in staffs memo that "staff has determined the City can obtain a lower rate through its own financing by issuing debt to be repaid by the sewer fund revenues for Dublin's portion of the project cost." He assumes this is only a small piece of the City's overall sewer program. Ms. Grigsby responded that is correct. It is a project that was previously programmed in the Sewer Fund, so it has been accounted for previously. Vote on the Resolution: Mr. Keenan, yes; Mr. Reiner, yes; Mayor Chinnici - Zuercher, yes; Mr. Gerber, yes; Mr. Lecklider, yes; Ms. Salay, yes. OTHER Right -of -Way Encroachment - Oak Park Entry Feature Ms. Adkins stated that the final development for Oak Park was approved in 2007, and the plat was approved by Council. Typically, the right -of -way encroachment for an entry feature is addressed at that time. The developer neglected to do so, and that authorization is being sought at this time. Vice Mayor Boring stated that she was not able to decipher the dimensions of the entry features. Ms. Adkins responded that the smaller entry feature on Mitchell -DeWitt Road is 12 feet high; the width between the two brick pillars is seven feet. The bikepath runs underneath the wrought iron arch. The larger entry feature, which is on Hyland -Croy Road, is the same height; but the distance between the brick pillars is 11 feet. The brick pillars are approximately 3 -1/2 feet square. Ms. Salay stated that the entry features /signage do not indicate "Oak Park" anywhere other than the arch on the Hyland -Croy Road entrance, which does read "Oak Park." Will there be other identification along the roadway? Typically, a sign face will be perpendicular to the roadway, not parallel. Ms. Adkins responded that on the Mitchell -DeWitt entryway, a small sign is incorporated into the brick. The original plans provided for other arches to be built into the mixed use portion of the development along the front. However, that portion of the development has not been finalized with a final development plan. She cannot state for certain that there RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting November 16, 2009 Page 12 will be other signage depicting the neighborhood name, but it is her impression that it is a theme that will be used throughout, particularly in the wrought iron arches. Ms. Salay inquired if this could in any way interfere with the line of sight for drivers exiting the neighborhood. Ms. Adkins responded that it would not. The rights -of -way where the encroachments will occur are not on Hyland Croy or Mitchell DeWitt, but on the streets that run off of those roads. Vice Mayor Boring asked if there are any other Dublin neighborhoods, which have similar large arch features. Ms. Adkins responded that a similar one is at Tartan West, but it is much larger. These entry features are unique in the manner in which they span the bikepaths and flank the entryways at both entrances. Mayor Chinnici - Zuercher noted that would be consistent with the development itself. Mr. Lecklider inquired if this design envisions the future widening of Hyland -Croy Road in this area. Ms. Adkins responded that it does take those plans into account. Mr. Gerber moved to approve the right -of -way encroachment. Ms. Salay seconded the motion. Vote on the motion: Ms. Salay, yes; Vice Mayor Boring, yes; Mr. Reiner, yes; Mr. Lecklider, yes; Mr. Gerber, yes; Mr. Keenan, yes; Mayor Chinnici- Zuercher, yes. Presentation of Dublin Irish Festival Annual Report Ms. Leroy presented the follow -up financial report on the 2009 Dublin Irish Festival (DIF). The source of the revenues for the Festival are beverages at 41 %; admissions at 31 %; and sponsorships at 11%. Revenues for 2009 were 10% higher than the 2008 revenues. The admissions also increased 10% in 2009. This was due to a deliberate effort to increase attendance on Friday and Sunday. On Friday, efforts focused on the corporate community, drawing an after -work crowd. A Friday- Sunday comp ticket also increased attendance on Friday and Sundays. There was also a gross increase of nine percent in beverage sales, which corresponds to the increase in attendance. The expenditures for beverages for the festival are 21 % of the entire Festival budget. Sponsorship revenue also increased by 15 %. [At this point, Mr. Reiner left the meeting.] Ms. Leroy stated that 30% of the attendees are from outside central Ohio. Mr. Dring, Dublin Convention & Visitors Bureau, indicated that there was a three percent increase in room nights for the 2009 DIF. The DIF is the second largest room - producing event in the year. The 2006 economic impact study projected an impact of $5.6 million for the central Ohio community. The "sharing of the green" program at the DIF allows other local organizations to raise money for their programs by staffing a booth at the event. In return, they keep a portion of the proceeds raised at that booth. This year, those groups raised $92,000 for their various programs. This year, food donations to attend the Sunday services was promoted, and 8,000 pounds of food were collected for the Dublin Food Pantry. This year, 1,353 volunteers worked at the 2009 DIF, donating a total of approximately 13,000 hours (averaging 10 hours /volunteer). The value of that time is estimated at $280,000. Dublin is recognized nationwide for the quality of its Irish festival and has won several awards for the event. Staff continues efforts to improve the event each year. She thanked Council for their support of the Irish Festival. Mr. Keenan requested a copy of the PowerPoint presentation of the report. He inquired if the direct costs, which were reflected in the City's Cost Study this year were reflected in this report. Ms. Leroy responded that they are not included. She will provide that information for the budget meeting on Wednesday. Mr. Lecklider asked how the groups are selected who participate in the "sharing of the green" program. RECORD OF PROCEEDINGS Minutes of Dubli Cily Council Meeting November 16, 2009 Page 13 Ms. Leroy responded that there is now a waiting list. Some of the groups were on board at the time the City took over responsibility for the Irish Festival. At that time, Dublin Scioto and Dublin Coffman football teams were already involved and have been grandfathered into the continuing event. The groups are required to be either a Dublin -based organization or an Irish cultural organization. Mr. Lecklider inquired whether an organization which participates in the program is automatically included in the program for all future festivals. Ms. Leroy responded that it is not necessarily the case. However, the not - for - profits count on the revenue for their budgets, so they would likely not drop out of the program. Staff has considered expanding the beer offerings for the 2010 festival, and if so, some changes could be made in assignment of groups to booths. Staff will work to provide a more equitable distribution of the monies from the program among the participating groups. Mr. Lecklider responded that he would appreciate efforts to look into a greater distribution and more even distribution. The long -time participators in this program have been integral to the Festival, but it would be good to involve others in the opportunity to share in the revenue. One of the great successes of this Festival, in his view, was the 8,000 lbs. of food collected for the Dublin Food Pantry. He inquired the percentage of the attendees who were Dublin residents. Ms. Leroy responded that 21% of the 102,000 total attendees (approximately 22,000) were Dublin residents. Ms. Salay inquired about the statistic in the materials shared that indicates over 70 percent of Dublin residents attend the event. Ms. Leroy responded that statistic is for a two -year period. Mr. Lecklider stated that it is important to be sensitive to the fact that not everyone in the community attends the Festival or is a fan of the Festival. It is important to be particularly sensitive to those who live around the Festival area and are impacted by the event. Vice Mayor Boring inquired if it would be possible to rotate the participants in the "sharing of the green" program. Currently, she understands there are six Coffman High School groups, two Jerome High School groups and one Scioto High School group participating. Ms. Leroy responded that staff has been studying ways to expand the program and yet not impact individual budgets unfairly. Perhaps a rotation program or splitting up the days of the Festival would be possible. Vice Mayor Boring stated that her primary concern would not be with the impact on their individual budgets. It is not uncommon for organizations to have the need to modify their operating budgets. It is more of a concern that all groups that want to participate are being served. Ms. Leroy responded that they haven't publicized that there is a waiting list. Perhaps they could survey to see how many groups would be interested in participating. From that point, a plan could be developed. Mayor Chinnici - Zuercher stated that it is very common for not - for - profits to be given a finite number of years of funding, and a three -year rotation would allow them to plan accordingly. She asked how the booths are assigned, and whether one group would have the same booth every year. That could cause an inequity based upon volume of sales. Ms. Leroy responded that has been the practice. Mayor Chinnici - Zuercher encouraged staff to further explore how to achieve better equity and rotation. A discussion with the groups regarding what they are trying to achieve could be helpful. Not all groups are likely attempting to raise the same level of funds. Ms. Leroy noted that some groups have indicated they do not want a bigger or busier booth. Mayor Chinn ici-Zuercher commented that several years ago when the City decided not to engage any longer with the Rotary for the Blarney Bash alcohol sales, the City was not concerned that the Rotary lost a substantial income and had to try to replace that income with multiple fundraisers to reach their goal for fundraising. The Rotary redistributes their funds throughout the community. That is not the same goal of these groups, which use the revenue to operate their own organizations. It is important to be consistent in the application of policy. Mayor Chinnici - Zuercher thanked staff for the thorough report. RECORD OF PROCEEDINGS Dublin City Council Meeting November 16, 2009 Page 14 • Report re. City of Service Initiative Ms. Nardecchia, Volunteer Administrator updated Council on staff's progress in responding to Council's request to take a new look at volunteerism and enhance the ways the City provides the citizens with opportunities to engage through service and through a City of Service initiative. She noted the following: • Fourteen years ago, Dublin had the vision to add a full -time staff member to centralize and oversee volunteer service to help productivity in each of the departments. Since that time, the Volunteer program has grown and flourished to be a nationally recognized model of municipal volunteer engagement. Nearly 2,800 people per year provide 38,000 hours of service, which is the equivalent of 19 FTEs or a dollar value of $800,000 per year. • There are increasing demands for days of service, increasing curricula in schools requiring volunteerism for credit, and the call for citizens to do greater work in their communities. Paired with the City of Service initiative, it is a perfect time for the City to take a fresh look at this. • In September and October, meetings were held with citizen focus groups. Staff also gathered 30 Dublin agencies who utilize services of volunteers to assemble for the first time, and 27 of the agencies attended. Online surveying, research and trending were also undertaken regarding the critical needs for volunteers to address. Overwhelmingly, the top choices were: focusing on the multicultural character of Dublin; outreach and further engagement opportunities with teens and senior citizens; and health, wellness and the environment. • In blending these into an overall plan, the focus was on seven areas related to innovative ways to involve volunteers in the community. • The first area of focus was to maintain and increase efficiencies in training more of the current staff to work effectively with volunteers. • The second area of focus is to utilize volunteers for senior citizen outreach. Leadership Dublin has a project group focusing on this outreach, based on some discussion of needs identified by Washington Township. • They are looking to expand Dublin Teen Corps to year round engagement and to be a communication source for kids in the community. There are grants available for this type of programming. • They plan to launch a wellness club for kids in conjunction with the wellness program at the DCRC. This will include walking clubs and bikepath exploration, utilizing volunteer project leaders. • Another area of focus is facilitating greater community dialogue regarding volunteerism by hosting regular gatherings, beginning with twice a year gatherings with the agencies which utilize volunteers. Staff will also regularly meet with the faith -based community and school communities. • They are organizing a community -wide day of service, targeting the Martin Luther King, Jr. Day holiday as the kick -off to the year of service. • Since service and demand are increasing, there is a need to build capacity to handle that. Staff plans to partner more with Washington Township, with Schools, and other agencies to build this capacity. Staff wants to implement a Volunteer Project Leader model, which will help to decentralize efforts, targeting millenials and boomers to utilize their talents and skills. • They plan to host Best Practices dialogue among all of the agencies who utilize volunteers in Dublin, and increase the understanding of trends, preventing duplication of service among the agencies as well. • A major request from citizens and focus groups and agencies is for the City to utilize the web page more efficiently as a centralized hub. The intent is not replace any web - referral source or web sites, but as a place to `connect the dots' for citizens as they look at local service opportunities. • The other areas to be targeted over the next three years are to increase community -wide recognition through communication and media strategies, and to celebrate Dublin's community diversity through volunteerism. She noted that the plan covers a three -year time frame. Staff is bringing this forward to Council tonight for feedback and will then provide an action plan, including dates. Staff is committed to doing this plan, and believes it can be accomplished without request for any further staff or funding resources. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting November 16, 2009 Page 15 eld 20 She noted that of the 35 Cities of Service around the country, Dublin, Ohio is the first to present a blueprint to its community, which was a desire expressed by the residents who participated in the process — to serve as a national model and example for other cities. She offered to respond to any questions. Mr. Gerber noted that there are nearly 65,000 people who work in Dublin each day. Has there been any consideration of outreach to these corporate residents? Many companies require their employees to be involved in their community. It would be a great source of additional volunteers and bridge the gap for this important part of the community. Ms. Nardecchia responded that the corporate residents are an important component already, and the City has a number of corporations whose employees volunteer, particularly in the parks and for events. It is a healthy synergy, and the plan calls for recognition of the volunteer efforts of these corporate citizens in a more public way, working with Economic Development to recognize this corporate philanthropy. Mr. Keenan asked if the information provided in the packet came from the New York Cities of Service initiative. He is interested in hearing more about what occurred at the New York meeting, which was attended by the Mayor and Ms. Nardecchia. He would like a list of the 35 cities involved in this. Ms. Nardecchia responded that the initiative began with 17 cities and has grown to 35. It was born in New York City a couple of years ago, when they centralized an Office of Service with a Chief Service Officer /Director of Citizen Engagement. As part of Mayor Bloomberg's initiatives in utilizing more resources from non - profits of New York City, he felt this was a great concept for other cities to expand upon. The cities involved responded to a Mayoral invitation, and she accompanied the Mayor. Mr. Keenan asked if the information from the meeting could be provided to Council. It is important to understand the costs, going forward. There may not be direct costs identified at this time, but for future budget purposes, it is important to understand what may be planned. In the October 1 memo, it states: "Based on Council's recommendation to explore and implement" — but he does not believe any direction was given to implement the program. He asked for clarification. Mr. Foegler responded that the direction from Council was that it made sense to initiate this planning effort, and then to seek feedback from Council about this plan. Mr. Keenan noted that all of the information from the NYC program will be helpful in evaluating this, as well as the budget information. He does not anticipate there will be any major costs involved, but wants information about what could be anticipated in the future. Vice Mayor Boring stated that what Mr. Keenan is asking is about is what steps are necessary for Dublin to become a City of Service, correct? Mr. Keenan responded that he was confused with the summary, as it appeared Council had given direction to move forward with this program. Council does not have adequate information at this point to move forward. Mayor Chinnici - Zuercher stated that what Council is reviewing are the recommendations based on meetings of the stakeholders in Dublin over the past three months. She felt that putting this report in a perspective of the background on Dublin's volunteer program and the future of the civic engagement movement across the country made sense. The recommendations are based on the interviews, community meetings, and surveys conducted for Dublin. The recommendations include how to expand the existing program and engage more of the corporate residents and citizens of Dublin. Mr. Keenan noted that in the November 12 memo, it mentions focus group sessions with a diverse set of community members. It would be helpful to know who the community members are that participated in these sessions. Ms. Nardecchia agreed to provide this information to Council as well. Mr. Lecklider noted that he was pleased to see that staff is not requesting an increase in resources for this program. But would other staff be involved in this initiative? Mr. Foegler responded that to the extent that Volunteer Services supports Economic Development initiatives, there would be such coordination. This would be similar for safety initiatives, with Police resources coordinating as well. To the extent that the City can gain additional engagement of the volunteer community to assist with City functions and services the City provides, there will be coordinative services. But in terms of RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting November 16, 2009 Page 16 additional resources dedicated to this planning and implementation, that is not contemplated. Mr. Lecklider stated that to the extent someone has additional duties in their job as part of this effort, there is staff time being allocated to this initiative. Mr. Foegler responded that for other divisions and operations of the City, that would only occur to the extent the volunteer initiative helps that division /operation meet its goals and objectives. If it creates a more cost effective way to assist with a service or accomplish a program objective, then they will engage in it. If it does not, they will not engage. Proposed "Beautify Your Neighborhood" Matching Grant Program Ms. Colley stated that the Community Development Committee met on September 28 to review the proposed grant program. The Committee suggested some modifications and clarifications to the grant material, and the revised documents are attached, with changes highlighted. Staff is requesting Council approval of the proposed grant program, with funding to begin in 2011. She offered to respond to questions. Vice Mayor Boring asked why the grant program is not being implemented until 2011. Ms. Colley responded that this will allow time for the materials to be finalized and for education and advertisement to take place with the homeowners associations throughout Dublin. Mr. Keenan noted that the guidelines indicate that the maintenance will be done by the homeowners association. Based on this, will grants be given only to forced and funded associations? Ms. Colley responded that the grants will be open to forced and funded as well as voluntarily funded homeowner associations. Mr. Keenan asked if a voluntary association would have a budget in place, reflecting financial resources. Ms. Colley responded affirmatively. Mr. Keenan noted that his understanding is that there is a very low participation rate in those voluntarily funded associations. Given this, how will the maintenance be handled in the future for the projects? He assumes this will be a factor considered in the scoring of the applications. Ms. Colley responded that the Committee suggested that maintenance criteria be included, requiring the applicant to demonstrate how they will be able to maintain the project currently and sustain it into the future. That will include budget documents and landscaping cost estimates to ensure the funding stream is available to support it. Mr. Keenan questioned how the monies will be collected if participation in the voluntary associations decline. Ms. Colley stated that a provision was added that if the project is not maintained and the City is forced to take it over, the HOA will at that time need to reimburse the City for whatever grant funds were disbursed. Mayor Chinnici - Zuercher asked how this is handled at the present time, in a situation where the HOA does not maintain the land they have responsibility for maintaining. Mr. Smith responded that this has occurred. He recalls a neighborhood approached the City for assistance in repairing /replacing a fence, as they did not have the resources to do so. And the financial situation for an HOA may be viable at this time, but not in the future, based on changing economic conditions. There is really no practical solution to this issue. Mr. Keenan asked about the process required for an HOA making an improvement to their entryway. Is there a P &Z review? His concern relates to having input on the materials used for such an entrance feature. Mr. Foegler responded that in a PUD, it would require a final development plan amendment. It would be subject to normal development review through the City's process. Mr. Keenan moved to approve the matching grant program. Ms. Salay seconded the motion. Vote on the motion: Vice Mayor Boring, yes; Mr. Keenan, yes; Mayor Chinnici - Zuercher, yes; Mr. Gerber, yes; Mr. Lecklider, yes; Ms. Salay, yes. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting November 16, 2009 Page 17 • Rules and Regulations /Rules of Order for Parks & Recreation Advisory Commission; Community Services Advisory Commission; Records Commission and Tax Board of Review Ms. Colley noted that staff is bringing forward the newly created Rules and Regulations for PRAC, CSAC, and the Records Commission. The Tax Board of Review adopted their Rules in 1991, prior to adoption of the Revised Charter, which mandates that Rules for boards and commissions be adopted by Council. The Tax Board of Review is recommending that Council adopt their Rules, with some minor housekeeping changes including addresses, etc. Staff's recommendation is that Council refer the Rules and Regulations for PRAC, CSAC, Records Commission and Tax Board of Review to the Administrative Committee for further discussion and recommendation to Council. Mayor Chinnici - Zuercher noted that the "Attendance of Members" provisions are not consistent among the various boards and commissions. There is a need to be consistent in this. She suggested that the Committee review the proposed language, "encouraged to attend" and consider incorporating stronger language. Mr. Gerber suggested the language, "regular attendance is expected" in this section. Mayor Chinnici - Zuercher further suggested that the Committee closely review the quorum definition as proposed, which is a majority of the members — not a majority of the members present. There have been recent issues resulting from boards and commissions not having enough members present to meet the quorum requirement. More dialogue is needed in regard to what is appropriate for the various boards and commissions. Mr. Gerber moved to refer these to the Administrative Committee. Mr. Keenan seconded the motion. Vote on the motion: Ms. Salay, yes; Mr. Lecklider, yes; Mr. Gerber, yes; Vice Mayor Boring, yes; Mr. Keenan, yes; Mayor Chinnici - Zuercher, yes. STAFF COMMENTS Mr. Foegler noted that: 1. The public involvement meeting for the Dublin Road South bikepath alignment is scheduled for Tuesday, November 17 from 6 -7:30 p.m. at Thomas Elementary. Notices have been sent to property owners along Dublin Road, south of Historic Dublin. The preliminary alignment of the proposed bikepath extending from Kamer Place to Tuttle Road along the west side of Dublin Road will be available for public viewing and resident input. Staff will be in attendance to respond to any questions. 2. The Shier Rings Road bikepath in front of the Service Center and School Transportation Building was paved today. The connection of this portion to the system is not complete due to the intervening property, as Council is aware. COUNCIL COMMITTEE REPORTS /COUNCIL ROUNDTABLE Mr. Gerber noted that sometime ago, there was discussion of parking around the BriHi project. As completion of the project nears, and with more patrons and businesses open in the district, there is an ongoing need to address parking — whether it is interim or long- term. What steps has the City taken in recent months to address these needs? Mr. Foegler responded that, although there is no obligation by virtue of the approval of the BriHi project that additional parking be secured, there is the consistent recommendation that the City will do whatever is possible to help address the issue. The primary element the City has done is the specific direction to the consultant for the Bridge Street Corridor study to give consideration to this matter. The consultant's Phase 1 presentation, which will be ready in approximately 30 days, will also look at some of the quick actions to address parking that have been suggested in various planning efforts. In the capital budget, there are funds set aside for implementation of some of the smaller, miscellaneous actions, which include some parking solutions. The analysis of the District being done by the consultant should provide a better sense of the supply and demand for parking and where additional parking is needed. Mr. Gerber noted that he has had many questions from residents and business owners about this matter. Mr. Foegler noted that much of the parking being used by the temporary construction mobilization will be freed up soon as well. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting November 16, 2009 Page 18 Vice Mayor Boring, Administrative Committee Chair noted that because the revised Rules and Regulations for PZC, ARB and BZA were not distributed in the packet, it is difficult to have a full discussion. She reviewed some of the key points of the Committee discussion. She noted that the PZC Rules were drafted first, and the BZA and ARB Rules were then modeled after the PZC Rules. 1. Much discussion at the Committee focused on ex parte communication. Currently, under the proposed Rules from PZC, there would be no ex parte communication with the applicant — including that with residents. The Administrative Committee members were concerned that the residents would not have the same opportunities in the process, as the applicant has many discussions and professional representatives working with staff regarding their application. A suggestion was that the Administrative Committee meet with the officers of these boards and commissions and discuss what prompted the need for expanding the ex parte provision. She invited the other Committee members to comment. Ms. Salay stated that for her, the overarching issue in limiting contact between the Commissioners and residents is that the Commission members are Council's citizen representatives serving on boards and commissions. They are present to represent the citizen views, in large part. If the citizens cannot reach out to the Commission members and have discussions with them, that hampers the public's ability to engage in the process. She is not certain what problem is being addressed with the expanded provision. It is understandable to have the ex parte provision in place for BZA, due to its quasi - judicial nature. Further, she is not clear if PZC is desirous of limiting contact for Commissioners with Council Members. Under this proposed amendment, would Council be permitted to contact the Planning Commission members to discuss pending applications? It would be beneficial to have some further dialogue with the PZC members to understand their thinking about this issue. She strongly believes that residents should be able to contact their citizen representatives on the Commissions. Mr. Gerber stated that discussion took place at PZC sometime ago about changing this rule. Some felt that the communication should be permitted among all parties, and some felt that it should not. The reason that such contact was not prohibited was that residents often have only one means of communicating about proposed development — by contacting the board or commission member directly to seek information. Applicants have many ways to communicate with staff and others, and if a resident was prohibited from speaking to a Commission member about an application, they could be negatively impacted. Ms. Salay added that applicants also have the ability to hire professional planners, architects and attorneys to represent them. The most successful development attorneys working in Dublin have managed to work with the ex parte rule already in place. She recalls only one complaint over the years from a development attorney who brought this issue forward. Vice Mayor Boring stated that if there is consensus among Council tonight on the ex parte issue, there would be no need for further Committee discussion or meeting with board and commission members. If Council is in agreement regarding leaving the ex parte language as it currently exists, there is no need to have the Committee discuss this further. Mayor Chinnici - Zuercher summarized that the current ex parte rule provides that the Commissioners not have contact with developers regarding pending cases, but they are permitted to have contact with residents. How do the Commissioners share in the public meeting that they have had discussions with residents about a case? Vice Mayor Boring responded that, generally, this is handled individually. There is not a prescribed way of sharing such information. Mr. Gerber noted that the understanding among the Commissioners when he served was that they would report such contact with residents at the public meeting. Mayor Chinnici - Zuercher stated that when a more formalized discussion is held by a Commissioner with someone about a case versus referring them to staff for information, it would be important to have a policy about reporting /sharing the discussion with other PZC members. RECORD OF PROCEEDINGS Minutes of D ublin City Council MeetlnP November 16, 2009 Page 19 Mr. Gerber asked if the Administrative Committee had any additional information from the Commission about what prompted this change to the ex parte rule as proposed. Vice Mayor Boring responded that the Committee felt they did not have enough information to understand why this change was proposed. Mr. Gerber stated that if something specific prompted this, there may be a need for more dialogue with the Commission. Mr. Lecklider stated that the minutes of the PZC meeting have been provided, but it is not clear what prompted this. Perhaps it is a situation of a "solution in search of a problem." The Administrative Committee minutes accurately capture the views of the Council Members regarding this matter. In terms of what Commission members take into consideration in decision - making and whether they disclose that could be addressed in training. The Commission members could be reminded that decisions must be based on what is in the public record, and that they should not be unduly influenced by discussions with residents. There has been a philosophy of Council, current and past, that the Commission Members are accessible. They can be given advice in how to deal with contacts. Planning staff has indicated that their advice to Commissioners is that, beyond explaining the process, the residents would be better served if the questions are addressed to staff. The current rules do not mandate that any Commission member have a conversation with a resident beyond what the process is for a development application. He is more comfortable with residents knowing they have the opportunity to contact Commission Members. In his service on PZC, he can recall only a couple of cases where the Commissioners received many calls from residents. Mr. Gerber added that he agrees — most questions related to procedure and the process versus the merits of the case. But he would like to know the thought process of PZC in proposing such amendments to the ex parte contact provision. Vice Mayor Boring requested a motion from Council regarding the ex parte provision. Mr. Keenan stated that the existing ex parte rule has worked fine, from what he understands. In reading the Committee minutes, he is inclined to leave the ex parte rule as it currently exists. Vice Mayor Boring added that it would be advisable to include language in the Rules that Commissioners should disclose any discussions they have had with anyone regarding the application. Mr. Keenan stated that this would then address all discussions that take place outside of the meeting. Mayor Chinnici - Zuercher clarified that the existing ex parte rule prohibits Commissioners from discussing cases with developers outside of the meeting. The proposed amendment would preclude contact with residents as well, and Ms. Salay asked if that would include Council Members. Mr. Keenan asked if this would apply to Council Members, too. Vice Mayor Boring responded that the Law Department was asked to research this. Mr. Smith stated that all of this is a policy call for Council. He noted that in terms of history of the ex parte issue, Council has consistently advocated that Commission Members and staff should be available to speak to residents. Perhaps the rule they should adopt relates to any substantive discussions with residents about an application versus questions about procedure or process. In board and commission training, it is made clear that the board or commission makes decisions based on what is presented in the public meeting. He does not believe there has been any issue with Council Members communicating with their board and commission appointees over the years. If a Commission Member must report any discussion whatsoever that took place with a Council Member, it would be a significant departure from past practice. Council can certainly choose to adopt such a policy, of course. Vice Mayor Boring moved to adopt the proposed Rules & Regulations of Planning & Zoning Commission and the Architectural Review Board as drafted, with an amendment to the ex parte portion as discussed tonight, and that a member disclose any substantive discussion held with anyone regarding an application. She asked that staff draft such RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting November 16, 2009 Page 20 language, based on tonight's discussion, to be incorporated into the draft Rules for these two groups. Ms. Salay seconded the motion. Vote on the motion: Mr. Gerber, yes; Ms. Salay, yes; Vice Mayor Boring, yes; Mr. Lecklider, yes; Mr. Keenan, yes; Mayor Chinnici - Zuercher, yes. Vice Mayor Boring requested that staff bring back the final versions of the Rules & Regulations of PZC, BZA and ARB for adoption at the December 7 meeting. Vice Mayor Boring noted that the PZC wanted to make the time limit for testimony flexible, and the Administrative Committee objects to this. In the Rules and Regulations, the Committee believes the time limit for testimony should be defined and applied consistently to all. The concern was that a long meeting could prompt the Chair to shorten the time limit for testimony, impacting those residents who may have timed their comments to fit within the established time limit of five minutes. The Committee believes everyone should have an equal opportunity to testify. Ms. Salay summarized that the Committee is recommending that the five- minute time limit for testimony remain in place. Mr. Gerber stated that there have been instances at PZC where 20 or more people have signed up to speak. With such large numbers, PZC sometimes modified their rule to three - minute testimony for individuals. Ms. Salay responded that for a community group, they often organize their presentations in five- minute increments and changing this rule would not be advisable. The Chair can certainly remind citizens not to repeat testimony that others have given. Mr. Keenan commented that there is discretion for the Chair to request this of those who testify in such circumstances. Vice Mayor Boring moved to provide for a five - minute time limit for public testimony in the Rules & Regulations for PZC, BZA and ARB. Mr. Keenan seconded the motion. Vote on the motion: Mr. Gerber, yes; Ms. Salay, yes; Mr. Keenan, yes; Mayor Chinnick Zuercher, yes; Mr. Lecklider, yes; Vice Mayor Boring, yes. Vice Mayor Boring requested that staff bring back the revised documents, based on this discussion, for adoption at the December 7 Council meeting. Mr. Keenan reported: 1. A Finance Committee of the Whole meeting is scheduled for Wednesday, November 18. This agenda consists of the second operating budget workshop and the meetings will begin at 6:30 p.m. 2. He will represent Council at the LUC Regional Planning Commission annual dinner meeting on Thursday, November 19. 3. The Finance Committee will review the hotel /motel tax grant applications on Monday, November 23 at 6 p.m. Ms. Salay: 1. Reminded everyone of the Dublin Road South bikepath meeting tomorrow evening at Thomas Elementary School. She is looking forward to reviewing the information being presented. 2. Noted that Council Members have received a formal invitation to the Neil Kennedy Recovery Clinic reception on Wednesday, December 9 from 6 -7:30 p.m. at the DCRC, where Council will be recognized for approving the social host legislation. She asked that everyone RSVP for this reception, which will include statewide and county representatives from the industry as well as other government officials. Mayor Chinnici - Zuercher: 1. Noted that she and Mr. Foegler attended the MORPC Board meeting last week. The agenda and materials are in the Council conference room for review. They distributed a copy of the MORPC goals for the coming year, and she will have the Clerk include this information in the next Council packet. RECORD OF PROCEEDINGS Minutes of D ublin City Council Meeting November 16, 2009 Page 21 2. Reminded everyone of the Bridge Street Corridor session to be held on Thursday, November 19 at OCLC. Mr. Foegler noted that Carol Coletta of CEOs for Cities will be the speaker for the session, which begins at 6:30 p.m. Council is also invited to attend an informal dinner prior to the meeting, and a breakfast meeting with the speaker will be held on Friday, November 20 at City Hall with business representatives invited to attend. Vice Mayor Boring noted that a member of the community, Randy Roth has written a book, which is featured in the current Newsweek magazine. She will provide a copy of this article to Council. ADJOURNMENT TO EXECUTIVE SESSION Mayor Chinnici - Zuercher moved to adjourn to executive session at 9:40 p.m. for discussion of legal, land acquisition and personnel matters. Mr. Gerber seconded the motion. Vote on the motion: Mr. Lecklider, yes; Mr. Keenan, yes; Mayor Chinnici - Zuercher, yes; Mr. Gerber, yes; Vice Mayor Boring, yes; Ms. Salay, yes. The meeting was reconvened at 10:45 p.m. and formally adjourned.