Loading...
HomeMy WebLinkAboutCouncil Minutes 01-11-2010RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting ,o, January 11, 2010 Ms. Chin nici-Zuercher called the Monday, January 11, 2010 Organizational Meeting of Dublin City Council to order at 7:00 p.m. at the Dublin Municipal Building. PLEDGE OF ALLEGIANCE Mr. Lecklider led the Pledge of Allegiance. Ms. Chinn ici-Zuercher recognized State Representative Cheryl Grossman and State Senator Jim Hughes who were in attendance. OATHS OF OFFICE Re- elected Ward 1 Council Member Cathy A. Boring took the oath of office, administered by State Senator Jim Hughes. Council Member Boring was accompanied by her husband, Mike Summers. Re- elected Ward 3 Council Member John G. Reiner took the oath of office, administered by his daughter, attorney Genevieve Reiner. Council Member Reiner was accompanied by his wife, Sheila. Re- elected Ward 4 Council Member Timothy A. Lecklider took the oath of office, administered by Mayor Chinnici - Zuercher. Council Member Lecklider was accompanied by his wife, Sharon. Re- elected Ward 2 Council Member Amy J. Salay took the oath of office, administered by Mayor Chinnici - Zuercher. ROLL CALL Present were Mr. Keenan, Mr. Reiner, Ms. Chinnici - Zuercher, Mr. Gerber, Mrs. Boring, Ms. Salay and Mr. Lecklider. Staff members present were Mr. Foegler, Ms. Grigsby, Mr. Smith, Mr. Epperson, Mr. McDaniel, Ms. Ott, Ms. Puskarcik, Mr. Hahn, Ms. Crandall, Mr. Langworthy, Mr. Hammersmith, Ms. Gibson, Mr. Thurman, Mr. Earman, Mr. Harding, Ms. Wilson, Mr. Burns, Mr. Gunderman, Ms. Ray, Ms. Colley, Ms. Husak, and Lt. Hirschy. ADJOURNMENT TO EXECUTIVE SESSION Ms. Chinn ici-Zuercher moved to adjourn to executive session at 7:10 p.m. for discussion of personnel matters (to consider the appointment, employment, dismissal, discipline, promotion, demotion, or compensation of a public employee or official.) Mr. Gerber seconded the motion. Vote on the motion: Mr. Gerber, yes; Ms. Salay, yes; Mr. Lecklider, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mr. Keenan, yes; Ms. Chinnici - Zuercher, yes. The meeting was reconvened at 7:42 p.m. ELECTION OF MAYOR Ms. Chinnici - Zuercher nominated Mr. Lecklider for a two -year term as Mayor of the City of Dublin. Ms. Salay seconded the motion. Vote on the motion: Mr. Keenan, yes; Mr. Reiner, yes; Ms. Chinn ici - Zuercher, yes; Mr. Gerber, yes; Mrs. Boring, yes; Ms. Salay, yes; Mr. Lecklider, yes. Mrs. Boring nominated Ms. Salay for a two -year term as the Vice Mayor of the City of Dublin. Mr. Reiner seconded the motion. Vote on the motion: Mrs. Boring, yes; Ms. Salay, yes; Mayor Lecklider, yes; Mr. Gerber, yes; Ms. Chinnici - Zuercher, yes; Mr. Reiner, yes; Mr. Keenan, yes. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting January 11, 2010 Page 2 OATH OF OFFICE Mayor Lecklider took the oath of office administered by former Mayor Chinnici- Zuercher. He was accompanied by his wife, Sharon. Vice Mayor Salay took the oath of office administered by former Mayor Chinnick Zuercher. She was accompanied by her husband, Stephen, daughter, Rachel, and son, Stephen. (At this time, a brief recess took place to allow for the official 2010 -2011 photo of City Council.) Mayor Lecklider commented that he is humbled by the confidence in him that fellow Council Members have shown by allowing him to serve as Mayor for the next two years. He pledged to serve in a manner that will make Council and the community proud. He thanked Ms. Chinnici - Zuercher for serving as Mayor for the past six years. Her dedication and passion in this service was remarkable, and he looks forward to her continued leadership as a Council Member. He noted that he also appreciates the service Mrs. Boring has rendered as Vice Mayor over the past two years, and looks forward to her continued leadership. APPROVAL OF MINUTES Ms. Salay moved approval of the minutes of December 7, 2009. Mr. Reiner seconded the motion. Mr. Keenan asked that the minutes be amended on page 9 to reflect the completion date for the pedestrian crosswalk in Historic Dublin. He recalls that 4 -6 weeks was mentioned, but it is not reflected in the record for reference. He wants to ensure the project is completed as quickly as possible. He asked Mr. Hammersmith to comment regarding the estimated completion date. Mr. Hammersmith noted that in view of the lead time for materials and weather conditions, staff is hoping to complete the project by mid - February. Mr. Keenan asked that the minutes be amended to reflect that staff anticipates the project being completed by mid - February. Vote on the minutes as amended: Mr. Keenan, yes; Mr. Reiner, yes; Ms. Chinnick Zuercher, yes; Mr. Gerber, yes; Mrs. Boring, yes; Vice Mayor Salay, yes; Mayor Lecklider, yes. PROCLAMATIONS /SPECIAL RECOGNITION Mayor Lecklider presented a proclamation to Mike Bowers, Regional Director of the Small Business Development Center of Ohio Network in recognition of their 25` anniversary. Mr. Bowers thanked City Council for this recognition, noted that this is a national and statewide program, but the impacts are really felt at the local level by small businesses in the community. He thanked the City for their commitment to building small businesses and to opening the Dublin Entrepreneurial Center, which has made an impact on the small business community both in Dublin and the northwest Central Ohio region. They hold regular office hours at the DEC and sponsor numerous training programs for owners of small businesses and prospective owners. Mayor Lecklider presented a proclamation to Herb Jones of the Dublin Historical Society in recognition of the City of Dublin's Bicentennial Year in 2010. Mr. Jones thanked Council for the proclamation, noting that many activities are planned in the coming year. The Dublin Historical Society will host "Heritage Day" on Saturday, October 2 in Coffman Park, and he invited everyone to attend. Mayor Lecklider read the list of activities planned for the Bicentennial Year, which include a year -long video services called, "The Dublin Storytellers" — to be produced by the City and shown on the cable channel and City website; Heritage Day in October; Living History and Community Day in May; an outdoor drama by Dublin Schools based on the Leatherlips story; Dublin Foundation's Emerald Celebration on RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting January 11, 2010 Page 3 Held 20 Saturday, February 27, with the City of Dublin as honoree in recognition of the Bicentennial. He thanked all who are working on planning and celebrating these events over the next year. CORRESPONDENCE There was no correspondence requiring Council action. CITIZEN COMMENTS Bob Warne, 5808 Tartan Circle noted that he has a suggestion related to the Bridge Street Corridor Study. The Dublin Village Center could be a crown jewel if a Lawmen's Hall of Fame were constructed in that location. This could be similar to the success of the Canton Football Hall of Fame. The Lawmen's Hall of Fame would celebrate the contributions of police officers, many of whom die or are injured in the line of duty. They exhibit heroism, valor, courage and dedication over their extraordinary careers. Figures from the Dispatch last week indicate that in the past decade, an average of 162 law enforcement officers died each year. All who have died in this service deserve their name on a memorial wall in this hall of fame for police officers. There could even be other components, such as a hall of infamy for notorious criminals; a museum; and a place for memorabilia related to law enforcement history and those enshrined in the hall of fame. There could also be a hall of fame for fictional heroes featured in comic books and movies /television. Ms. Chinnici - Zuercher thanked Council for having elected her to three terms as Mayor, representing all of Council and the residents at local, state, regional and national events. She recalled some of the highlights of her experience as Mayor, including representing the City when former President Bush came to Wendy's; joining Gov. Strickland, Bob Walter and Kerry Clark in breaking ground for Cardinal's expansion; joining Lt. Gov. Fisher and meeting Roland Smith at Arby's/Wendy's in hopes of maintaining the headquarters in Dublin. Recently, she had an opportunity to greet then Presidential candidate Obama and Vice Presidential candidate Biden when they came to Dublin for a political rally at the high school. This fall, Mayor Bloomberg of New York City invited her to participate as a founding member of the Cities of Service initiative in the United States, demonstrating the importance of civic engagement and how it can change the community. She enjoyed officiating at many weddings during her service. She thanked Mr. Maurer for "keeping her on track" — his five - minute comments often caused her to stretch her thinking about policies that Dublin is confronted with. She is thankful to Terry Lyden, Dublin resident who brought her the opportunity to participate in the Miracle League of Central Ohio. It demonstrates how one citizen can make a difference, and how bringing together the private, public and not - for - profit sectors can really change the community for the better. She acknowledged the Dublin City staff who are responsive, offering their advice on various subject matters, ensuring that Dublin's image remains as a leader in the region, state, and across the country — providing "edgy thinking" about what can be done to provide better services to residents. She thanked Council and the citizens for an extraordinary six years as Mayor! LEGISLATION Ordinance 86 -09 Rezoning Approximately 24.6 Acres Located on the Southwest Corner of the Intersection of Post Road and Discovery Boulevard within Perimeter Center, from PCD, Planned Commerce District to PUD, Planned Unit Development District. (Case 09- 091Z/PDP) Ben Hale, Jr.. Smith & Hale representing the applicant noted that they request the first reading of the rezoning be postponed until January 25, 2010. They are meeting with the neighboring residents regarding some issues. Ms. Chinn ici-Zuercher moved to postpone the first reading to January 25. Ms. Salay seconded the motion RECORD OF PROCEEDINGS Minutes of Dublin City Council January 11, 2010 Page 4 Vote on the motion: Mr. Reiner, yes; Mr. Keenan, yes; Mrs. Boring, yes; Ms. Chinnici- Zuercher, yes; Vice Mayor Salay, yes; Mr. Gerber, yes; Mayor Lecklider, yes. SECOND READING /PUBLIC HEARING — ORDINANCES Ordinance 84 -09 Amending Section 2 (Wage & Salary Structure /Administration), Paragraph A of Ordinance No. 73 -06 (Compensation Plan for Non -Union Personnel) for the Purpose of Approving Pay Grades for Two New Job Classification Titles Identified in the 2010 Operating Budget (Sustainability Programs Administrator and Emergency Management Coordinator /Law Enforcement Planner). Mr. Harding reported that there is no additional information related to this ordinance. Staff recommends approval. Vote on the Ordinance: Vice Mayor Salay, yes; Mayor Lecklider, yes; Mr. Reiner, yes; Mr. Keenan, yes; Ms. Chinnici - Zuercher, yes; Mrs. Boring, yes; Mr. Gerber, yes. Ordinance 85 -09 Authorizing the City Manager to Execute Necessary Conveyance Documentation to Accept the Dedication of a Combined 0.146 Acres, More or Less, Fee Simple Interest and a 1.165 Acres, More or Less, Utilities Easement from Cardinal Health, Inc. Mr. Hammersmith stated that this accepts easements in association with the traffic signal improvement done on Emerald Parkway at the entrance to the Cardinal Health second building, which was completed in 2009. Vote on the Ordinance: Mrs. Boring, yes; Mr. Keenan, yes; Mr. Reiner, yes; Vice Mayor Salay, yes; Mr. Gerber, yes; Mayor Lecklider, yes; Ms. Chinnici - Zuercher, yes. INTRODUCTION /FIRST READING — ORDINANCES Ordinance 01 -10 Accepting the Annexation of 5.66 Acres, More or Less, from Jerome Township, Union County to the City of Dublin. (Kevin and Jocelyn Mullins) Vice Mayor Salay introduced the ordinance. Mr. Smith stated that this residential property is surrounded by land in the City of Dublin. The Union County Commissioners have approved this annexation petition. Staff recommends holding this over for a second reading /public hearing on January 25 th . Mr. Keenan asked if the reparations run with the property and are therefore included on the tax duplicate, in the case of a future conveyance. Mr. Smith responded affirmatively. There was no one present representing the applicants. There will be a second reading /public hearing at the January 25 Council meeting. Ordinance 02 -10 Authorizing the City Manager to Enter into a Contract for Health Services with the Franklin County Board of Health for 2010, and Declaring an Emergency. Vice Mayor Salay introduced the ordinance. Ms. Grigsby stated that this authorizes the annual contract with the Franklin County Board of Health for public health services and plumbing inspection services in the City of Dublin. The mosquito management program is included in the contract this year. The costs in the contract reflect the discussion at the operating budget workshop. Staff is requesting that Council dispense with the public hearing and treat this as an emergency because the previous contract expired on December 31, 2009. Mrs. Boring asked how the Board of Health contract interfaces with the septic systems in Dublin in terms of enforcing regulations. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting January 11, 2010 Page 5 Ms. Grigsby responded that residents can request inspections or an evaluation of their system. The Board of Health also responds to complaints about septic systems and will do an on site inspection. Mrs. Boring asked if there is regular enforcement. Ms. Grigsby responded that the majority of inspections are complaint driven. Mr. Reiner moved to dispense with the public hearing and treat this as emergency legislation. Ms. Chinn ici-Zuercher seconded the motion. Vote on the motion: Mr. Gerber, yes; Mr. Reiner, yes; Vice Mayor Salay, yes; Mrs. Boring, yes; Mayor Lecklider, yes; Mr. Keenan, yes; Ms. Chinnici - Zuercher, yes. Vote on the Ordinance: Mrs. Boring, yes; Mayor Lecklider, yes; Mr. Keenan, yes; Ms. Chinnici - Zuercher, yes; Mr. Gerber, yes; Mr. Reiner, yes; Vice Mayor Salay, yes. Ordinance 03 -10 Authorizing the City Manager to Execute Necessary Conveyance Documentation for the Acquisition of Franklin County Parcel Nos. 272 - 000093 and 272 - 000094 from John L. Bond, and Declaring an Emergency. Vice Mayor Salay introduced the ordinance. Mr. Smith stated that when the SR 161 improvement was done, staff found that there were storage tanks in the right -of -way. Two small properties, totaling .5 acres together, were owned by Mr. Bond and the tanks were removed by agreement with him in order to complete the SR 161 improvement. In exchange for the City's removal of the tanks, Mr. Bond will deed the property to the City at no additional cost. The City paid for the removal of the tanks and clean -up of the site. Originally, Mr. Bond desired to sell the property to the City for the future improvement. The cost to remove the tanks was $40,000. Mrs. Boring, yes; Mayor Lecklider, yes; Vice Mayor Salay, yes; Mr. Keenan, yes. Vice Mayor Salay moved to dispense with the public hearing and treat this as an emergency. Ms. Chinn ici-Zuercher seconded the motion. Vote on the motion: Ms. Chinnici - Zuercher, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mayor Lecklider, yes; Mr. Gerber, yes; Mr. Keenan, yes; Vice Mayor Salay, yes. Vote on the Ordinance: Mr. Gerber, yes; Mr. Reiner, yes; Ms. Chinnici - Zuercher, yes; Ordinance 04 -10 Rezoning approximately 0.53 Acres, Located at 4056 West Dublin- Granville Road, At the intersection with David Road, from R-4, Suburban Residential District, to PUD, Planned Unit Development District. (Kumon Learning Center — Case 09- 067Z/PDP) Ms. Chinnici - Zuercher introduced the ordinance. Ms. Ray noted that this proposal is to rezone this property from R-4, Suburban Residential District t to PUD, Planned Unit Development District. The rezoning would allow construction of an approximately 5,000 square foot commercial building and associated site improvements. Planning and Zoning Commission last reviewed this proposal on December 10, 2009 and recommended approval with ten conditions. She presented a site plan, noting that the Shamrock Crossing preliminary development plan has been approved for the parcels immediately to the west of the site. The subject site has approximately 100 feet of frontage on W. Dublin- Granville Road and 230 feet of frontage on David Road. There is an existing single - family residence located on the parcel immediately to the west, which is a non - conforming use on the parcel because it is zoned PUD as part of Shamrock Crossing. The future land use map of the Community Plan designates the subject site as general commercial use, anticipating the existing retail and commercial development in the City as well as a mix of retail /restaurant and other commercial uses. It is Planning's opinion that the proposed uses are consistent with the Community Plan. She shared a rendering of the proposed site plan. The proposed building is located on the front portion of the site, immediately adjacent to W. Dublin- Granville Road with a RECORD OF PROCEEDINGS Minutes of Dub ity_C Meeting 10148 January 11, 2010 Page 6 22 -space parking lot located behind the building. Access to the site is from one curb cut off of David Road; however, the applicant is also providing the potential for future cross - access once the parcels to the west redevelop. Planning & Zoning Commission discussed this application in October and again in December, and noted the need for improved site circulation in recognition of it being a small site surrounded by the Shamrock Crossing development to the west. They felt there was a need for coordinated vehicular and pedestrian circulation and a need to relate to what occurs on the parcels to the west. The Commission also discussed the proposed architectural concepts and the need to integrate this proposal with what has been approved for parcels to the west. It is Planning's opinion that the applicant has addressed the Commission's concerns in the renderings shown. The proposed building materials include masonry, stone, cementitious siding, and colors selected from an historical color palette. Planning has reviewed the proposal based on review criteria for rezonings and preliminary development plans, and it is Planning's opinion that the criteria have either been met or may be met with conditions. Planning believes this proposal will help establish the pedestrian- oriented character along the 161 Corridor and will help establish the relationship and transition into the Historic District. The Planning Commission recommends approval of this rezoning with ten conditions as listed in the Record of Action. Three of the conditions have already been met and the text has been revised to reflect them. She offered to respond to questions. Ms. Chinnici - Zuercher was in attendance at the first hearing of this proposal before the Planning and Zoning Commission. It is an excellent example of how the Commission and staff helped the applicant develop a site that is consistent with the Shamrock Crossing and meets the spirit of the intent for the area. Mrs. Boring noted that the area drawing in the packet includes a concept plan for the Shamrock Auto Spa, giving the impression that the development has been approved. Ms. Ray responded that the concept plan was reviewed by P &Z in August of 2009 for this Auto Spa. It was included for reference only. Mrs. Boring stated that until it is approved, it should not be reflected in documents. Vice Mayor Salay agreed. Ms. Ray stated that staff can revise this map and remove the concept plan prior to the second reading of this rezoning. Vice Mayor Salay noted that Ms. Amorose Groomes and Mr. Zimmerman of the Planning Commission are present tonight. She thanked them for the hours spent on behalf of the community. Ben Hale. Jr. noted that he represents the applicant, Mr. Jindal, who is present as well. Mr. Jindal and his wife work with math students at this learning center and they desire to locate the business on this site. The applicant has responded to the suggestions made by the Commission and by staff. They believe the proposal is very good and will fit well with the surrounding development. Mayor Lecklider noted that a second reading /public hearing will be held at the January 25` Council meeting. INTRODUCTION /PUBLIC HEARING - RESOLUTIONS Resolution 01 -10 Accepting the Lowest/Best Bid for the 2010 Sewer Lining Project. Vice Mayor Salay introduced the resolution. Mr. Burns noted that this project involves the 36 -inch sanitary sewer line that runs just east of Dublin Road, slightly north of Bellaire Avenue to slightly south of Emerald Parkway. Bids were opened on December 10, and four bids were received. The lowest and best bid was from Inland Waters Pollution Control at $766,318.20. In addition, City staff applied for and received a grant from the American Recovery and RECORD OF PROCEEDINGS Minutes of Dublin- C ity Council Meeting January 11, 2010 Page 7 Reinvestment Act through the Ohio EPA. The grant will cover fifty percent of the cost of the project -- $383,159.00. Inland Waters has done work for the City previously, and their work has been satisfactory. The reference checks have been good as well. Staff is recommending approval of this resolution. Mr. Reiner thanked Mr. Burns for such a comprehensive report, which anticipated any questions from Council. Mrs. Boring noted that much of this work involving the manholes will require entering private property. She hopes that residents have been notified that this work will occur, and that the notices include the fact that the manholes must be clear of any coverage which would inhibit access to the manhole, and that the City will not replace such materials after the project is completed. Mr. Burns responded that he will include this information in the notification to residents. Vice Mayor Salay added that this is an excellent point. Mayor Lecklider congratulated staff for their success in obtaining the grant funding. Vote on the Resolution: Mrs. Boring, yes; Mr. Keenan, yes; Mr. Reiner, yes; Ms. Chinnici - Zuercher, yes; Mr. Gerber, yes; Mayor Lecklider, yes; Vice Mayor Salay, yes. Resolution 02 -10 Authorizing the City Manager to Enter into an Agreement with the Delaware City Prosecutor in the Delaware Municipal Court. Ms. Chinn ici-Zuercher introduced the resolution. Mr. Smith stated that last year, two cases were handled by the Delaware City prosecutor on behalf of the City of Dublin for a total cost of $450.00. Mrs. Boring asked that staff ensure that the name of the Court Administrator is updated in the cover letter. Vote on the Resolution: Vice Mayor Salay, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mayor Lecklider, yes; Mr. Gerber, yes; Mr. Keenan, yes; Ms. Chinnici - Zuercher, yes. Resolution 03 -10 Accepting the Lowest/Best Bid for the Post Preserve Park Project. Vice Mayor Salay introduced the resolution. Mr. Hahn stated that project is a neighborhood park for Post Preserve. Staff met with the residents to review the design; the plan was approved by Planning & Zoning Commission in the fall; and a successful bid process took place. Staff is recommending acceptance of the lowest and best bid from Builderscape. They have done City projects previously and their work has been most satisfactory. Mr. Keenan asked about the additional equipment that the City is providing at a cost of $57,896. Has this been purchased, and if so, was it done under a state purchase program or through a reverse auction? Mr. Hahn responded that the purchase was done through proposals, which were solicited — it was not publicly bid. Multiple vendors submitted proposals. Mr. Keenan noted that the reverse auction process has been used for other purchases, and this prompted his question. Mr. Lecklider asked if the plans include the typical elements of a neighborhood park project, i.e. gazebo, a covered structure, etc. The project is somewhat less expensive than other park projects he recalls from past years. Mr. Hahn responded that the residents did not want a gazebo, but preferred shaded tables. The project includes a playground, picnic tables with shade, stone seating around the playground, additional landscaping and pedestrian paths. After adding the RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting January 11, 2010 Page 8 $57,896 for furnishings being provided by the City, it is fairly typical in terms of cost for a neighborhood park. Vote on the Resolution: Mr. Gerber, yes; Mr. Reiner, yes; Vice Mayor Salay, yes; Mrs. Boring, yes; Mayor Lecklider, yes; Ms. Chinnici - Zuercher, yes; Mr. Keenan, yes. Resolution 04 -10 Authorizing the City Manager to Execute a Contract with the Franklin County Public Defender Commission for the Defense of Indigent Defendants. Vice Mayor Salay introduced the resolution. Mr. Smith stated that this is an annual contract and last year, the total costs to the City were $675.00. Vote on the Resolution: Mr. Keenan, yes; Mayor Lecklider, yes; Mr. Reiner, yes; Mrs. Boring, yes; Ms. Chinnici - Zuercher, yes; Vice Mayor Salay, yes; Mr. Gerber, yes. Resolution 05 -10 Waiving Competitive Bidding Requirements, Pursuant to Section 8.04 ( "Contracting Procedures "), Paragraph (C) ( "Waiver of Competitive Bidding ") for the Emerald Fields Ball Field Lighting Project. Mr. Reiner introduced the resolution. Mr. Hahn stated that in one of the phases of Emerald Fields, infrastructure for ball field lighting was included. This infrastructure included the concrete piers that the light poles are mounted upon. Given that this entire system is proprietary in nature, it was anticipated that Musco Lighting would be installed at a later date. All other City ball fields with lighting have Musco Lighting. This legislation would authorize purchase of the lighting components from Musco without a formalized, competitive bidding process. Staff has reviewed the files for previous lighting projects that were competitively bid in which the contractor had to provide unit pricing on the various components of their actual contract. Based on this review, staff believes that the price quote from Musco Lighting is appropriate. Mr. Smith added that legal staff reviewed this matter. Council can waive the bidding process for two reasons: that it is a sole source situation, or that it is in the best interests of the City. Both of these criteria have been met. Vote on the Resolution: Ms. Chinnici - Zuercher, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr. Keenan, yes; Mr. Gerber, yes; Vice Mayor Salay, yes; Mayor Lecklider, yes. Resolution 06 -10 Accepting the Lowest/Best Bid for the COIC Sanitary Sewer Extension - Phase One Project. Vice Mayor Salay introduced the resolution. Mr. Hammersmith stated that on December 15, 2009, 11 bids were received for this project — the first phase of sewer extension at the Central Ohio Innovation Center. The project includes 2,300 feet of 12 -inch sanitary sewer; 1,549 feet of 21 -inch sanitary sewer; and 13 manholes. The Engineer's estimate for the project was approximately 520,000. He shared a slide depicting the location and subsequent phases of the project, which will ultimately serve properties in the vicinity of Houchard Road and south of SR 161. The overall cost of the entire project in the CIP is programmed at approximately $1 million. Staff is recommending acceptance of the lowest and best bid submitted by Trucco Construction in the amount of $325,904.50. Staff has had prior experience with Trucco Construction with Emerald Parkway Extension Phase 5A from Sawmill to Hard, and the Glick - Muirfield intersection improvement. More recently, Trucco was awarded the contract for constructing the SR 161 improvement and relocation of Industrial Parkway. As with the sanitary sewer lining project, the City was able to secure American Recovery and Reinvestment Act funds through the Ohio EPA. They will provide funding for fifty percent of the bid received. In this case, the funds received will be slightly under $162,000. The City's RECORD OF PROCEEDINGS Minutes of Dubli Council Meeting January 11, 2010 Page 9 20 obligation would be for the remaining cost of the project -- $163,000. Staff recommends acceptance of the Trucco Construction Company bid. Vote on the Resolution: Mrs. Boring, yes; Mr. Keenan, yes; Mr. Reiner, yes; Ms. Chinnici - Zuercher, yes; Mr. Gerber, yes; Mayor Lecklider, yes; Vice Mayor Salay, yes. Resolution 07 -10 Approving the Declaration of Mutual Support and Agreement Between the City of Dublin and Dublin Youth Athletics, and Authorizing the City Manager to Execute the Agreement. Vice Mayor Salay introduced the resolution. Mr. Earman stated that the staff report provides details of the proposed agreement. DYA manages a variety of Dublin youth sports programs, with the primary emphasis on recreational programming. They currently serve 4,000 participants each year. The City and DYA have collaborated on various aspects of the sports programs for years. City staff has been represented on the DYA Board as well. There has not been a formalized agreement in the past. The agreement proposed with the resolution outlines the responsibilities for the operation of DYA in Dublin, and the expectations related to liability, insurance claims, etc. to protect both parties. He outlined the various elements of the agreement. He concluded by acknowledging the long- standing contributions of Jim Link, Athletic Director to DYA. Also present was Alan Parrott, who has been involved with DYA for nearly ten years and who can respond to questions regarding the organization. Mr. Smith added that Legal staff has worked on this with Recreation Services and Legal staff believes this is appropriate in memorializing the arrangements. Staff recommends approval. Ms. Salay commended the DYA and the hard work done by their volunteers. They are truly an important part of the fabric of the community. She asked Mr. Parrott to pass this along. Mayor Lecklider invited Mr. Parrott to comment. Alan Parrott. DYA noted that everyone recognizes Jim Link's important contributions to DYA. On behalf of Jim Link, the parents and volunteers, he thanked the City for providing DYA with first class facilities. He thanked Council for their continued support of DYA. Vote on the Resolution: Mr. Reiner, yes; Mr. Keenan, yes; Mrs. Boring, yes; Ms. Chinnici - Zuercher, yes; Vice Mayor Salay, yes; Mr. Gerber, yes; Mayor Lecklider, yes. OTHER Proposed Rules and Regulations for Planning & Zoning Commission, Architectural Review Board and Board of Zoning Appeals Ms. Colley noted that at the Council meeting of December 7, Council requested that staff make some modifications to the rules as proposed for PZC, BZA and ARB. All of these changes have been made, and the final versions have been prepared and are ready for Council adoption. She offered to respond to questions. Mrs. Boring, Administrative Committee Chair stated that she has reviewed the three sets of Rules. One issue remains to be addressed in each set of Rules under "Meeting Procedures," specifically the language "Unless otherwise modified by the Chair, there will be a five minute limit for each citizen comment." This reference to the Chair's ability to modify the time limit was carried over from the previous sets of Rules for each of the boards /commissions. She asked for further discussion regarding this matter. RECORD OF PROCEEDINGS Minutes of Dublin City Coun Meeting January 11, 2010 Page 10 Vice Mayor Salay recalled that Council had consensus that there would be a five - minute time allowed for each comment, and that the Chair would remind those testifying not to repeat testimony already provided by others. Council felt that the five - minute time was important so that citizens could rely upon this expectation in preparing a timed presentation. Mrs. Boring agreed. Ms. Chinn ici-Zuercher asked for clarification: does the language in the final drafts not reflect what was agreed upon at the last discussion? Mrs. Boring responded that her recommendation, based on previous discussion, is to strike the language, "Unless otherwise modified by the Chair' from this sentence in all three sets of Rules and Regulations. Vice Mayor Salay concurred. Mr. Keenan commented that his personal view is that the Chair should always have the flexibility to modify the procedures. If 100 people attend to testify at a hearing, this could be problematic in terms of accommodating everyone. Vice Mayor Salay disagreed, noting that it is Council's responsibility to hear the concerns of all who want to testify on a matter. Based on experience, citizens are respectful of Council's process, and neighborhood groups, in particular, do plan their presentations with the expectation that they will have five minutes allowed for each citizen. This provision allows everyone to be heard and to express their concerns. Mrs. Boring noted that the language about not repeating previous testimony will help facilitate the process. Mrs. Boring moved to amend the language to strike, "Unless otherwise modified by the Chair" from the portion regarding meeting procedures in each set of Rules and Regulations. Vice Mayor Salay seconded the motion. Vote on the motion: Vice Mayor Salay, yes; Mayor Lecklider, yes; Mr. Gerber, no; Mrs. Boring, yes; Mr. Keenan, yes; Mr. Reiner, yes; Ms. Chinnici - Zuercher, yes. Vote on the Rules and Regulations of PZC. BZA and ARB as modified: Mr. Keenan, yes; Mr. Reiner, yes; Ms. Chinnici - Zuercher, yes; Mrs. Boring, yes; Mr. Gerber, yes; Mayor Lecklider, yes; Vice Mayor Salay, yes. STAFF COMMENTS Mr. Foegler reported that the Engineering staff have informed him that the Notice of Intent letters for the City of Dublin, City of Columbus and Franklin County Engineer's Office for the proposed Railroad Quiet Zones have been sent via certified mail to the Federal Rail Administration and CSX, with copies to the Ohio Rail Development Commission and the Public Utilities Commission of Ohio. The next step in the process will be a meeting with CSX for field diagnostic review. Staff anticipates that CSX will contact each jurisdiction soon to set up these meetings. COUNCIL COMMITTEE REPORTS /COUNCIL ROUNDTABLE Hotel /motel tax grant recommendations from Finance Committee 1. Dublin Chamber of Commerce Civic Foundation — artwork honoring businesses in Dublin for Bicentennial celebration 2. Dublin Area Art League —2010 Dublin Art Fair Mr. Keenan, Finance Chair noted that the Committee met tonight for the purpose of finalizing the review of these two applications. The recommendation of the Committee is for approval of a grant of up to $4,000 for the Civic Foundation application for bicentennial art and approval of a grant up to $10,800 for the Dublin Area Art League Dublin Art Fair. The groups would be required to provide receipts to the City before grant monies are disbursed. The Dublin Area Art League grant is conditioned upon the DAAL contacting the City's Volunteer Administrator regarding the availability of volunteers to assist with the event. The Finance Committee further recommended that the DAAL Board members seek opportunities for training offered in the area, such as through FIRSTLINK for not - for - profit boards. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting January 11, 2010 Page 11 He noted that of the $95,000 remaining in the allocation for hotel /motel tax grants, the balance remaining, after Council approval of these two applications, would be $80,200. Mr. Keenan moved adoption of a grant of up to $4,000 for the Dublin Civic Foundation application. Ms. Chinnici - Zuercher seconded the motion. Vote on the motion: Mayor Lecklider, yes; Mr. Keenan, yes; Ms. Chinnici - Zuercher, yes; Mr. Reiner, yes; Mr. Gerber, yes; Vice Mayor Salay, yes; Mrs. Boring, yes. Mr. Keenan moved adoption of a grant of up to $10,800 for the Dublin Area Art League application, subject to the two conditions outlined in his report. Mr. Gerber seconded the motion. Vote on the motion: Mr. Keenan, yes; Mr. Reiner, yes; Mr. Gerber, yes; Mrs. Boring, yes; Vice Mayor Salay, yes; Ms. Chinnici - Zuercher, yes; Mayor Lecklider, yes. Mr. Gerber noted that the recent weather conditions have resulted in many potholes along 1 -270 and other streets in the City. What is the policy and practice for repair? Mr. Hammersmith responded that, in general, potholes are addressed on a complaint - driven basis. The difficulty is with the pavement patch affixing properly in extremely cold weather. Potholes on 1 -270 are repaired by ODOT District 6, but the City notifies ODOT if they become aware of potholes. The responsibility for 1 -270 maintenance lies with ODOT. Mrs. Boring: • Noted that a letter from the EPA regarding a permit for a national pollution discharge system was included in the packet. Is this a yearly permit process? She has not seen such a notice previously. Mr. Foegler stated that he believes this is a routine permit issued annually. Staff will check on this. • Asked about the status of her e-mail request to staff for information regarding the Raleigh, North Carolina ordinance regarding trash can receptacles as well as the public reaction to that ordinance. Mr. Foegler responded that staff will check into this as well. • Asked if there is any commitment from Council Members to participate in the Martin Luther King Day community event at Dublin Coffman High School? Ms. Chinnici - Zuercher, Vice Mayor Salay indicated they plan to attend. Mayor Lecklider indicated he may potentially attend, depending upon scheduling. • Thanked Council for the opportunity to serve as Vice Mayor and wished Ms. Salay well in her new role as Vice Mayor. Ms. Chinnici - Zuercher: • Noted that the packet materials included a letter from Michelle Meyer to the City regarding the IGS Energy enrollment practice. She had understood from a Council discussion in early December that the City would send another communication to residents to clarify the options regarding aggregation. Council felt that the form letters sent out could easily be overlooked. Mr. McDaniel responded that a separate communication was not sent out. The City logo is included on the letter along with IGS. This has been the practice implemented. Ms. Chinnici - Zuercher stated that Council did have a discussion about this previously — based on the level of publicity that the City has been party to involving the increased costs Dublin and other communities have incurred over what other programs were offering in terms of rates. Mr. McDaniel stated that there have been follow -up articles in local newspapers, correcting some of the information in articles that COPEC members felt was misleading in terms of the intent of the aggregation program. Local papers did communicate clear and correct information about the program intent. Information was also on the City's website. Another mailing to residents was not done, as staff felt it would result in more confusion about aggregation. RECORD OF PROCEEDINGS Minutes of Dublin City Coun Meeting January 11, 2010 Page 12 Mr. Foegler noted that he recalls that, given the competitive nature of the retail gas supply environment, Mr. McDaniel has suggested and discussion has taken place about revisiting the original program in the spring. Mr. McDaniel stated that in the recent cycle, the COPEC membership reduced the rates by 30 percent, and the collective membership felt that they will continue this for the next year. Whether to continue the program or not will be part of the discussion in the upcoming cycle. The original intent of the aggregation program was to provide consumers with a choice, as there was not a choice at that time. However, the environment has now become much more competitive. It is a public policy issue for Council to decide in the future. Mayor Lecklider asked if there is a point in time this year in which the City needs to indicate whether it will continue to participate in the program. Mr. McDaniel responded that he anticipates that date may be May 1. It is related to the initiation of the next purchasing cycle. COPEC meets monthly and he will have a recommendation no later than that timeframe if not earlier. Mr. Reiner • Thanked Mayor Lecklider and Vice Mayor Salay for taking on the responsibilities of these positions. • Thanked former Mayor Chinnici - Zuercher and former Vice Mayor Boring for their contributions. Mayor Chinnici - Zuercher spent an extraordinary amount of time and effort in attending all meetings, and represented the City very well. • Congratulated Mr. Foegler on the National Planning Award from American Planning Association for the Gateway Project at The Ohio State University. It has added much to Columbus and to Central Ohio, and the award is well deserved. Mayor Lecklider announced that the Committee appointments and Council representative appointments to various entities will be done at the January 25 meeting. Council will meet at 6:15 and adjourn to executive session for this discussion, which will be held prior to the 7 p.m. regular meeting. In the interim, the previous appointments will stand in terms of attendance at meetings of outside entities. Ms. Salay: • Asked Mr. Hammersmith about the letter from the EPA in the packet, and whether staff could check with the EPA regarding whether this is an annual permit. The letter noted that this involved an unknown tributary to the Scioto River. In view of the concern with water quality, it would be prudent to review how it is regulated and if the City could play any role in impacting that water quality. Mr. Hammersmith responded that he would follow up. • Noted that a memo regarding board and commission training was included in the packet. She is also aware of a Congress for New Urbanism, which may be of interest for some planners, board and commission members to attend. • Reminded everyone that 2010 is a census year, and Council updates the wards every ten years. This task needs to be added to the list for the coming year. • Commented that everyone is invited to participate and volunteer in the community Martin Luther King celebration on Monday, January 18. She encouraged everyone to be involved. ADJOURNMENT TO EXECUTIVE SESSION Ms. Chinn ici-Zuercher moved to adjourn to executive session at 9:25 p.m. for discussion of legal matters (to confer with an attorney for the public body concerning disputes involving the public body that are the subject of pending or imminent court action), land acquisition Matters (to consider the purchase of property for public purposes) and personnel matters (to consider the appointment, employment, RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting January 11, 2010 Page 13 dismissal, discipline, promotion, demotion, or compensation of a public employee or official). Mr. Reiner seconded the motion. Vote on the motion: Mrs. Boring, yes; Vice Mayor Salay, yes; Mayor Lecklider, yes; Mr. Reiner, yes; Mr. Keenan, yes; Mr. Gerber, yes; Ms. Chinnici - Zuercher, yes. Mayor Lecklider noted that the meeting will be reconvened only to formally adjourn. The meeting was reconvened and formally adjourned at 11:15 p.m. Mayor— Prgsioing Officer Clerk of Council