HomeMy WebLinkAboutCouncil Minutes 08-09-2010RECORD OF PROCEEDINGS
Minutes of Dublin City Council Meeting
August 9, 2010
Mayor Lecklider called the Monday, August 9, 2010 Regular Meeting of Dublin City
Council to order at 7:00 p.m. at the Dublin Municipal Building.
PLEDGE OF ALLEGIANCE
Mr. Keenan led the Pledge of Allegiance.
ROLL CALL
Present were Mayor Lecklider, Vice Mayor Salay, Mrs. Boring, Mr. Gerber, Mr. Keenan,
and Ms. Chinnici - Zuercher. Mr. Reiner arrived at 7:05 p.m.
Staff members present were Mr. Foegler, Ms. Grigsby, Mr. Smith, Chief Epperson, Lt. von
Eckartsberg, Ms. Ott, Mr. Langworthy, Ms. Crandall, Mr. Harding, Mr. Hammersmith, Ms.
Puskarcik, Mr. Thurman, Ms. Gilger, Ms. Adkins, Ms. Ray, Ms. Colley, and Mr. Earman.
APPROVAL OF MINUTES
Vice Mayor Salay moved approval of the minutes of the July 1, 2010 Council meeting.
Mr. Gerber seconded the motion.
Vote on the motion: Vice Mayor Salay, yes; Mayor Lecklider, yes; Mrs. Boring, yes; Mr.
Gerber, yes; Mr. Keenan, yes; Ms. Chinnici - Zuercher, yes.
SPECIAL PRESENTATION /PROCLAMATIONS
MORPC Regional Plan
Amelia Costanzo, MORPC Associate Planner provided the first of five anticipated updates
on MORPC's regional planning process. Every four years, MORPC provides an update to
its transportation plan for central Ohio, which includes Franklin County, Delaware County
and sections of the surrounding counties. However, MORPC covers many other projects
in north central Ohio, so this regional plan will also cover more than the transportation
process, including land use, economics, social services, environment, policy, best
management practices and collaboration. Currently, teams are working on document
design and goal objectives. She shared the results of a survey done to identify areas of
community concerns. She will return to Council in the fall with an update.
Ms. Chinnici - Zuercher, Council representative to MORPC, stated that in the past, MORPC
focused nearly exclusively on transportation. Today, it has a broader focus and offers
more initiatives that affect a larger region, both rural and urban communities.
Update re Can -Am Police -Fire Games
Joel Campbell, President, Dublin Special Events Council provided a final update on plans
for the Can -Am Police -Fire Games, which the City of Dublin will host August 15 -22, 2010.
The opening ceremony on Sunday will be at the Celtic Rock Tent on the south portion of
Coffman Park, beginning at 4:30 p.m. The Mayor will provide opening remarks. The event
has been widely marketed, and responses indicate a good turnout can be expected. Most
of the games are public, which the community may attend at no charge. The games are
anticipated to bring substantial revenue to the community with the total number of room
nights should be comparable to those of the Dublin Irish Festival. Council Members and
the public are encouraged to attend the week's events. They greatly appreciate the
support City Council has provided over the past two years of preparation.
Josh Bricker, Dublin Special Events Council provided Council members with a sample of
the welcome gift, a challenge coin, which will be given to each participant to
commemorate the event. Their efforts are now focused on various newspaper spreads.
Television news spots will occur this week. Approximately 750 game participants are
expected, a 25 percent increase over that of the games held in Saskatchewan in 2008.
The opening ceremonies will be free to the public and will be family friendly with displays,
food vendors and inflatable games for the children. South High Street in Historic Dublin
will be closed on Thursday evening for the 22 -mile cycling criterium. The week will
culminate with the Badge Bash, a pipes and drums concert on Saturday. Many volunteers
will be assisting with the Games, and they appreciate all the help the City is providing.
Vice Mayor Salay inquired if there is a website to provide information for the public.
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Minutes of D ublin City Council Meeting
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Mr. Bricker responded that information on the events is provided at the website,
www.DublinCanAmGames.com An entire event schedule will also be listed in one of the
local newspapers this week.
Mayor Lecklider thanked Mr. Campbell and Mr. Bricker for providing Council with updates
on the upcoming games over the past two years. Council appreciates their hard work and
leadership, as well as the valuable assistance of the Dublin Police Department,
Washington Fire Department and City staff.
CITIZEN COMMENTS
Wallace Maurer, 7451 Dublin Road stated that, as a point of order, he would
provide his comments regarding the City bikepath system at the appropriate place
on the agenda.
Lynn Williams, ReMax stated that the City of Dublin is one of the most beautiful
communities in central Ohio, and her comments focus on one portion of it -- the Ballantrae
community. To showcase this community, she has organized a special event, a Ballantrae
Twilight Tour for Thursday, August 12 from 5 -8 p.m. There will be ten homes on the tour,
and all the Baliantrae realtors, the developer, the builders and title companies will be
participating. Council members are invited to attend.
LEGISLATION
SECOND READING /PUBLIC HEARING - ORDINANCES
Ordinance 25 -10
Amending Sections 153.002, 153.074, and 153.139 of the Dublin Codified
Ordinances (Zoning Code) Regarding Accessory Uses and Structures. (Case No.
10 -021 ADM).
Ms. Ray stated this is the second reading of Ordinance 25 -10, which proposes a Code
amendment regarding accessory uses. Included in Council's packet were three examples
of how the Code would be applied in the three different categories of residential parcels.
Wallace Maurer, 7451 Dublin Road asked with respect to residential swimming pools if the
resident is 100 percent liable for safety around their pool.
Mr. Smith responded that residents have always been 100 percent liable for a residential
swimming pool. The Code also provides requirements for residential pool fencing.
Mr. Maurer stated that the Code permits either a wrought iron wall, through which pool
users would be visible, or a solid wall. Wouldn't a solid wall limit or prevent a
homeowner's ability to view potentially dangerous situations occurring within the pool?
Mr. Smith responded that it could, but that does not alter the homeowner's responsibility
for any negligence and to meet Code requirements.
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 26 -10
Amending Sections 153.002, 153.053, 153.073, 153.098, and 153.161 of the Dublin
Codified Ordinances (Zoning Code) Regarding Model Homes in Residential Districts
(Case No. 10- 022ADM).
Ms. Ray stated that this is the second reading of the proposed Code amendment
regarding model homes. There have been no changes since the first reading on July 1.
Vote on the Ordinance Mrs. Boring, yes; Mr. Keenan, yes; Ms. Chinnici - Zuercher, yes;
Vice Mayor Salay, yes; Mr. Gerber, yes; Mr. Reiner, yes; Mayor Lecklider, yes.
Ordinance 27 -10
Authorizing the City Manager to Execute Necessary Conveyance Documentation
to Acquire a 0.004 Acre, More or Less, Sidewalk Easement from Tracey J. Guthrie,
and Declaring an Emergency.
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August 9, 2010
Page 3
Mr. Smith requested that the ordinance be adopted by emergency action, due to the fact
that there is no pedestrian crossing available at Wing Hill and Darby Street. There have
been no other changes since the first reading.
Mr. Gerber moved for emergency passage.
Mr. Keenan seconded the motion.
Vote on the motion Mayor Lecklider, yes; Mrs. Boring, yes; Vice Mayor Salay, yes; Mr.
Gerber, yes; Ms. Chinnici - Zuercher, yes; Mr. Keenan, yes; Mr. Reiner, yes.
Vote on the Ordinance Mr. Keenan, yes; Mayor Lecklider, yes; Mrs. Boring, yes; Mr.
Reiner, yes; Vice Mayor Salay, yes; Mr. Gerber, yes; Ms. Chinnici - Zuercher, yes.
INTRODUCTION /FIRST READING — ORDINANCES
Ordinance 28 -10
Adopting and Enacting a Supplement (S -28) to the Code of Ordinances for the City
of Dublin, Ohio.
Mr. Smith stated that this legislation adopts a codification of legislation approved in the
first six months of 2010.
Ms. Chinnici - Zuercher moved to dispense with the public hearing.
Mr. Gerber seconded the motion.
Vote on the motion Mr. Reiner, yes; Mr. Keenan, yes; Mrs. Boring, yes; Ms. Chinnici-
Zuercher, yes; Vice Mayor Salay, yes; Mayor Lecklider, yes; Mr. Gerber, yes.
Vote on the Ordinance Mayor Lecklider, yes; Mr. Gerber, yes; Mr. Reiner, yes; Mr.
Keenan, yes; Mrs. Boring, yes; Ms. Chinnici - Zuercher, yes; Vice Mayor Salay, yes.
Ordinance 29 -10
Adopting the 2011 -2015 Five -Year Capital Improvements Program.
Mr. Gerber introduced the ordinance.
Ms. Grigsby stated that this is the Administration's proposed five -year capital
improvements program. CIP workshops are scheduled with the Finance Committee of the
Whole at 6:30 p.m. on August 16 and August 30. The legislation will be scheduled for a
second reading /public hearing in September, following the workshops. Any changes
made through the workshop sessions will be incorporated into the final document for
consideration on September 13.
Ordinance 30 -10
Amending Sections 153.002 and 153.071 of the Dublin Codified Ordinances (Zoning
Code) Regarding Rainwater Harvesting (Case No. 10- 033ADM).
Ms. Adkins noted that in addition to the packet material, Council received correspondence
from a resident regarding the proposed legislation. This e -mail is included in the
documents distributed on the dais tonight. Staff is recommending approval at the second
reading /public hearing on August 23
Mayor Lecklider asked if this legislation as drafted would prohibit a rain barrel from being
placed at the front side corner of a residence.
Ms. Adkins responded that the ordinance would require a rain barrel to be connected to a
side or leader downspout. This was a simple modification because that requirement is in
the stormwater manual.
Mayor Lecklider asked if a resident who desired to place a rain barrel at the front corner of
his /her home on the side and not in the front would be permitted to do so.
Ms. Adkins responded that it does not permit that placement; however, a modification of
the language could be made to allow that, which would achieve the same effect as a
downspout.
Mayor Lecklider asked if it was staffs intent to allow that to occur.
Ms. Adkins responded that the intent was to ensure the rain barrel was placed on the side,
but after consulting with Engineering and receiving the correspondence from the resident,
staff recognized that most houses have downspouts that drain to the front of the property
and which are be located on the front of the house. That would not preclude someone
from having a rain barrel at the corner on the side; it would just tie in around the corner.
Mr. Reiner stated that the legislation indicates one or more downspouts in the rear or side
of the residence.
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Vice Mayor Salay referred to the example of a cistern provided in packets. The house
would essentially have an "elbow," which would direct the rainwater around the side of the
house.
Ms. Akins responded that could be done. There are also diverter devices that attach to
the downspout. Typically, with a hose or a tube, it would be possible to extend to the rain
barrel.
Ms. Chinnici - Zuercher stated that Council's intent was to encourage residents to pursue
this in an aesthetically pleasing manner. If there are portions of this document that need
to be modified to make the effort encouraging, that is what Council should now address.
Council did not intend to place so many restrictions on the legislation that residents were
not motivated to pursue this opportunity. She would ask Council to encourage staff to
make any needed changes before Council votes on the ordinance.
Mr. Reiner stated that the concern is that if a rain barrel is located on the front downspout
at the front of the home, and then turned to the side of the house, it presents a situation
similar to that of the recycling containers. As in that case, perhaps the rain barrels should
also be screened. Many people recycle the blue or white 55- gallon barrels from a soft
drink company, which are unattractive. Their neighbors could have objections. There are
aesthetically pleasing containers available. However, in order to avoid legislating
specifics, perhaps the best solution would be to require screening if the barrel is placed at
the front of the home.
Ms. Adkins responded that Planning Commission also discussed whether this situation
was similar to the trash receptacle ordinance. The Commission determined that if all rain
barrels were required to be painted a neutral color or to match the house, it would resolve
the blue barrel problem, and in most cases, the white barrel issue, as they would be
required to be painted to match the house. However, if Council prefers to address the
issue with screening, that language can be added.
Vice Mayor Salay stated that if the rain barrels will be located on the front of the home,
they should be screened, in addition to meeting the other appearance requirements.
Council wants to encourage participation in this program. It should not be cumbersome to
achieve a balance between having an efficient rain barrel and meeting the aesthetics
standards.
Mayor Lecklider stated that the photographic examples provided in the packet materials
appear to depict rain barrels at the rear of the homes, not the front corners. He pointed
out that this Code amendment would not have progressed to this point if Council members
did not support the concept. However, the aesthetics of Dublin's homes are important to
all residents as well. Council Members should be aware that if a rain barrel is placed on
the side of a home where the downspout is located, it is just as visible as at the front
corner of the home, even if painted a neutral color or to match the home's trim or primary
color. He wants to verify that all Council Members are comfortable with that.
Vice Mayor Salay responded that she is comfortable with the use of screening, as
suggested by Mr. Reiner.
Ms. Chinnici - Zuercher noted that it is important to clarify the definition of screening. In the
e -mail, reference was made to landscaping, but perhaps they meant screening. The City
has generally used the word "screening" to mean totally obstructing the view of the object,
but in this case, that may not be necessary. She is concerned about using that particular
term.
Vice Mayor Salay asked what a resident would need to do to obtain appropriate approval
from the City for a rain barrel.
Ms. Adkins responded that, at this point, the intent is that when the resident inquires about
a rain barrel, staff would outline the requirements and recommend that the resident speak
with the homeowners association to verify there are no deed restrictions that would
prohibit a rain barrel installation. If there are none, the resident could proceed with the
installation. To encourage participation, no permit would be required for residential rain
barrels. On a commercial scale, underground cisterns must be consistent with stormwater
requirements and would require a stormwater permit. If complaints are received from a
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M inutes of Du blin Ci Council Meeting
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Page 5
resident regarding a residential rain barrel, the Code Enforcement Officer would address
the situation.
Vice Mayor Salay asked if there would be clear guidelines. A Code enforcement officer
would address violations of Code. Just because something is unattractive does not mean
it violates Code. The Code enforcement officer should not be placed in the position of
addressing "unattractive" appearance. It is important to define what is acceptable,
perhaps by including illustrations.
Mr. Adkins stated she believes the intent is to provide educational materials via the
website and the City's HOA newsletter, which will include pictures of some of the more
attractive rain barrels as examples of acceptable containers. A suggestion would also be
made that other rain barrel choices would probably need to be painted.
Vice Mayor Salay asked if there is a durable, attractive painting option.
Ms. Adkins responded that there is a satin finish plastics spray paint available.
Mayor Lecklider asked if the present language in the ordinance requires screening.
Ms. Adkins responded that it does not, but the language can be modified if Council so
desires.
Mr. Gerber asked if staff has checked the deed requirements for various HOAs.
Ms. Adkins responded that staff has not. However, staff has heard from some
homeowners that their HOAs do not permit rain barrels.
Mr. Gerber noted that this may potentially be a situation similar to fences. Although the
City may permit them, the deed restrictions of the HOA do not. This results in confusion
and problems. He would like to have more information about various deed restrictions in
neighborhoods throughout the City.
Ms. Chinnici - Zuercher stated that even if some HOAS do not permit them, it does not
necessarily alter her vote to allow them for those neighborhoods that do not prohibit them.
According to Mr. Reiner, Muirfield allows them on a case -by -case basis. The problem
with this specific issue in terms of deed restrictions is that rain barrels were not a
consideration at the time most of the housing areas were developed. With increasing
environmental consciousness, what is the process for changing deed restrictions? It
would be up to the HOA to address that.
Mr. Gerber stated that is precisely the problem — deed restrictions are nearly impossible to
modify. Personally, he is interested in knowing how many HOA deed restrictions prohibit
rain barrels so the City can be aware of the problem it could potentially be creating.
Mr. Smith stated that if this will be a Code enforcement issue, the language must state
specifically what is acceptable and what is not acceptable. The standards must be clear
for them to be enforceable. Photos and illustrations can be used, and perhaps a manual
can be attached that clarifies the standards.
Mayor Lecklider asked Mr. Reiner to describe a rain barrel that would be acceptable at the
front corner or side corner of a Muirfield home.
Mr. Reiner responded that regulation of Muirfield standards is complaint- driven. The HOA
reviews and photographs the property prompting the complaint, and a determination is
made by an architectural review board. A past trend was to recycle chemical and syrup
containers and add a spigot to create a rain barrel. He doubts that many neighbors would
find those containers at the front corner of homes acceptable, even if they were painted.
For this reason, he suggested that screening be required. Many other options are
available today for rain barrels. If they are installed at the rear of the home, screening
would not be necessary.
Mayor Lecklider asked if his recommendation is to require screening.
Mr. Reiner responded that, in addition to the painting requirements, he believes rain
barrels located at the front downspout should be screened.
Ms. Chinnici - Zuercher stated that the standards should be simple to write and would
include a few, specific colors.
Mayor Lecklider asked if Council would prefer screening for all rain barrels, regardless of
their location.
Mr. Reiner responded that if they are located at the rear of the property, the paint
requirement would be adequate.
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Mayor Lecklider asked if engineering related to downspouts prohibits the front downspoul
from being directed to the back of the side of the house.
Ms. Adkins responded that although some homes already have downspouts that direct to
the rear of the property and the rain barrels could be placed in the rear, for this purpose it
is not possible for the City to control where downspouts are placed.
Mayor Lecklider moved to postpone the ordinance for 30 days to permit the revision of the
language to require screening of rain barrels placed at a front downspout.
Mr. Keenan seconded the motion.
Vote on the motion Ms. Chinnici - Zuercher, yes; Mr. Reiner, yes; Mr. Keenan, yes; Mayor
Lecklider, yes; Mrs. Boring, yes; Mr. Gerber, yes; Vice Mayor Salay, yes.
INTRODUCTION /PUBLIC HEARING — RESOLUTIONS
Resolution 32 -10
Approving the Mayor's Appointment of Magistrates for Dublin Mayor's Court and
Authorizing the Execution of Contracts for Magistrate Services.
Vice Mayor Salay introduced the resolution.
Ms. Crandall stated that the legislation includes draft agreements for the magistrates. The
Finance Committee has recommended fees to be incorporated in the agreements, subject
to the approval of Council.
Mr. Gerber, Finance Chair stated that the Committee met preceding the Council meeting
and considered various options. The Committee has recommended that Scenario 2 in the
staff memo be adopted for the magistrate fees in the agreements.
Mayor Lecklider summarized that the magistrate fee for court sessions would be $250 per
hour, not to exceed $375 per court session and the fee for prisoner arraignments /hearings
would be a fixed fee of $150.
Wallace Maurer, 7451 Dublin Road asked what the guidelines are for selection of a
magistrate for mayor's courts, and who establishes those guidelines.
Mr. Smith responded that Council asked staff to develop the guidelines for the selection
process. Applications for magistrates were then solicited. From the applicant pool,
several were selected for interviews. After interviewing those applicants, Council selected
three to serve as magistrates — one as primary and two as back -up magistrates.
Mr. Maurer inquired if that is the procedure utilized by all Ohio Mayor's Courts for
magistrate selection.
Mr. Smith responded that it is not; each city selects its magistrates differently, pursuant to
their charter.
Mr. Maurer stated that the late Chief Justice Moyer attempted to address the extreme
discrepancies that exist between the village and city Mayor's courts within Ohio with
respect to the justice that is meted out. If the selection of its magistrates remains at the
discretion of the village or city, this seems to be back to where it all started.
Mr. Smith responded that information is inaccurate. The Ohio Supreme Court sets forth
the qualifications for magistrates and requires Ohio Mayor's Court training, which is
conducted by the Ohio Municipal League. Each jurisdiction may then select their own
magistrates who must meet those requirements.
Mayor Lecklider added that Dublin's Mayor's Court operates according to the highest
standards. The magistrates who have been selected are exceedingly well qualified.
Ms. Crandall clarified that Chief Justice Moyer's concern was with Mayors, or elected
officials, presiding over Mayor's Courts. He supported having a magistrate system in
place.
Mr. Keenan stated that the issue was a potential conflict of interest for an elected official
presiding over a court where a city or village received the revenues. A magistrate must be
an attorney. The qualifications for mayors and magistrates are quite different.
Mr. Maurer stated that he was making no inferences regarding the magistrates who have
been selected. However, he continues to see the potential for discrepancies.
Mr. Gerber moved to accept Scenario 2 as proposed in the staff report for the fees for
magistrate services, and to revise the proposed contracts accordingly.
Ms. Chinn ici-Zuercher seconded the motion,
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Vote on the motion Vice Mayor Salay, yes; Mr. Reiner, yes; Mr. Gerber, yes; Mr. Keenan,
yes; Ms. Chinnici - Zuercher, Mayor Lecklider, yes; Mrs. Boring, yes.
Mr. Keenan moved to approve Resolution 32 -10 authorizing the City Manager to enter into
the agreements for magistrate services with Mr. Campbell, Mr. Peterson and Ms.
Roth; Mr. Campbell will serve as the primary magistrate and Mr. Peterson and Ms. Roth
will provide back up magistrate services.
Mr. Gerber seconded the motion.
Vote on the motion Mayor Chinnici - Zuercher, yes; Mr. Keenan, yes; Mrs. Boring, yes;
Mayor Lecklider, yes; Vice Mayor Salay, yes; Mr. Gerber, yes; Mr. Reiner, yes,
Resolution 33 -10
Authorizing the City Manager to Enter into a Contract with Dublin City Schools for
the School Resource Officer Program.
Vice Mayor Salay introduced the resolution.
Lt. von Eckartsberg stated that this is a request for renewal of the annual agreement with
the Dublin Schools related to school resource officers. The amount of the fee in the
agreement reflects the increase in benefit costs for the officers.
Vice Mayor Salay asked for clarification about the number of officers in place at the
various buildings.
Lt. von Eckartsberg responded that there is an officer present at each high school and
each middle school. The agreement pays half of the costs of five officers; the City pays
the costs for the other three.
Wallace Maurer, 7451 Dublin Road asked if the purpose of having Police officers at the
schools relates to the violence that has occurred at schools throughout the nation in the
past.
Lt. von Eckartsberg stated that the officers have been present in the schools for a number
of years. Their purpose is threefold: enforcement, education and prevention. They also
provide the DARE program.
Vote on the Resolution Mr. Gerber, yes; Ms. Chinnici - Zuercher, yes; Vice Mayor Salay,
yes; Mrs. Boring, yes; Mayor Lecklider, yes; Mr. Keenan, yes; Mr. Reiner, yes.
Resolution 34 -10
Accepting the Lowest/Best Bid for the Darree Fields Water Tank Phase 2 Interior
Buildout Project.
Vice Mayor Salay introduced the resolution.
Chief Epperson stated that this will complete the interior work on the water tank at Darree
Fields to make it usable space for the City's Park maintenance staff. Three bids were
received for the project. Staff recommends approval of the lowest/best bid submitted by
R.W. Setterlin Building Company.
Mr. Keenan inquired the total square feet of the renovation.
Mr. Hammersmith responded that it is comparable to the size of the Blazer Memorial
Parkway water tower space.
Vote on the Resolution Mr. Keenan, yes; Vice Mayor Salay, yes; Mayor Lecklider, yes;
Mr. Reiner, yes; Mrs. Boring, yes; Mr. Gerber, yes; Mayor Chinnici - Zuercher, yes.
Resolution 35 -10
Authorizing the Addition of Three New Members to the Central Ohio Risk
Management Association ( CORMA), Pursuant to Article V, Paragraph (1) of the
Central Ohio Risk Management Association Bylaws.
Mr. Reiner introduced the resolution.
Mr. Harding stated that last year, similar legislation was approved by Council to add the
cities of Powell and Grove City to the CORMA membership. That expansion was
successful, and the CORMA Board of Trustees believes that an additional expansion
would be advantageous to the various members of the pool. The Board has
recommended three additional municipalities for membership approval: the City of
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Minutes of Dublin City Council Meeting
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Mr. Keenan asked about the current total aggregate limit.
Mr. Wichert responded that it is currently $15 million per entity, with a total aggregate of
$20 million per member.
Mr. Keenan noted that at one time, there was a shared total aggregate, which was
problematic.
Mr. Wichert responded that condition was eliminated last year. The total stop loss
aggregate will remain the same with the addition of these three members.
Mr. Keenan stated that he would like to review the contributions /premiums and the
investment numbers. He assumes that a surplus exists. He previously served on
Washington Township's Risk Management Authority for six years. They closely watched
the surplus monies, how they were invested, and how they were growing compared with
the total exposures.
Mr. Wichert responded that he would compile the information for Council. Over the last
two years, the pool has substantially increased and the balance sheet has significantly
improved
Mr. Keenan stated when new members join, they share in the contributions and surplus
achieved by the existing members.
Mr. Wichert responded that the surplus is segregated by year of operation. The aggregate
stop loss is fully funded for any new members.
Mr. Keenan asked if there are withdrawal provisions.
Mr. Wichert responded that would be determined by the Board.
Discussion continued regarding the investments and funding of the membership.
Mr. Keenan requested a report on the surplus investment and the contributions /premiums
in the pool.
Mr. Wichert stated that the Board recently adopted a new investment policy and hired an
investment manager.
Mr. Gerber asked who is responsible for auditing this activity.
Mr. Harding responded that the CORMA Board is responsible.
Mr. Keenan noted that many of the independent pools or risk retention groups are audited
by outside bodies.
Mr. Wichert responded that the CORMA pool is audited by Julian & Grube, Inc., a
selection made by the State Auditor's office. [He provided a copy of the current audit
information to the Clerk to copy for Council.]
Mr. Keenan stated that it is advisable for the pool to add members, as this is still a very
small group.
Mr. Wichert responded that their task is to suggest other entities for membership, but the
current membership would be responsible for the actual selection /approval of additional
members.
Vote on the Resolution Mr. Reiner, yes; Ms. Chinnici - Zuercher, yes; Mrs. Boring, yes; Mr.
Gerber, yes; Mayor Lecklider, yes; Vice Mayor Salay, yes; Mr. Keenan, yes.
OTHER
• Follow -up from Bicycle Advisory Task Force
Michael Stovsky, BATF Vice Chair stated that he is present tonight to address the issues
raised by Council Members at the previous meeting. He distributed copies of four
documents — three maps and a comparison matrix. The first map indicates the corridors
identified by the Task Force for consideration and a preliminary facility preference for each
corridor. The second map indicates corridors identified by the Task Force that may be
implemented for a relatively low cost, such as signed routes, experimental sharrows along
Emerald Parkway and the Brand Road bicycle lane. The third map shows the route
identified in the BATF recommendations for installation in 2010, which has been updated,
based on City Council's concerns regarding the original eastern destination of Coffman
High School. Finally, the fourth document is a matrix, which provides an example of the
information the Task Force used to determine its preferred facilities for each corridor
evaluated to date. At the previous Council discussion, a concern was raised that the initial
recommendations appeared to focus on one area of the City. As the four documents
demonstrate, the long -range plan is to achieve a connected network of on- street biking
throughout the City. However, BATF is happy to adapt its initial recommendations based
on Council's feedback. In summary, the following is what BATF is asking for in 2010: (1)
a Glacier Ridge to Coffman Park signed route; (2) experimental sharrows on Emerald
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evaluated to date. At the previous Council discussion, a concern was raised that the initial
recommendations appeared to focus on one area of the City. As the four documents
demonstrate, the long -range plan is to achieve a connected network of on- street biking
throughout the City. However, BATF is happy to adapt its initial recommendations based
on Council's feedback. In summary, the following is what BATF is asking for in 2010: (1)
a Glacier Ridge to Coffman Park signed route; (2) experimental sharrows on Emerald
Parkway; and (3) CIP funds for engineering and right -of -way access. Thirty -five years
ago, City Council identified certain elements to be included in Dublin's development as a
City, including multi -use paths. In subsequent years, Council has been steadfast in its
commitment to that goal. Citizen surveys reveal that they universally support this amenity.
This report responds to Council's direction to the Task Force to provide a vision for the
next generation.
Mayor Lecklider asked for clarification of how the Glacier Ridge- Coffman Park route was
revised. Personally, as a cyclist, he would not have picked this route to Glacier Ridge.
He would proceed west from the Rec Center along the south fork of Indian Run, through
Red Trabue, connect to Tullymore and proceed.
Mr. Stovsky described the revisions that were made. This route focuses on the on -road
facilities.
Mayor Lecklider stated that Council members have received emails regarding the plans for
Brand Road. He recalls that the City's plan has long been to have a multi -use path extend
the length of Brand Road, despite the typographical challenges. The initial
recommendation of BATF was not to do that along the entire length of Brand Road.
Mr. Keenan noted that there are residents who have been patiently waiting for that, and it
is currently programmed in the CIP.
Ms. Grigsby stated that funds are programmed in 2010 for the portion from Muirfield Drive
to Brandonway. In 2011, funds were programmed for the Brandonway to Dublin Road
segment.
Mr. Keenan stated that he was contacted by several residents with their concern that this
could be eliminated.
Mayor Lecklider stated that, according to these recommendations, it would not be possible
to include a walking path, as some residents have requested, as a part of this route.
Mr. Stovsky responded that there are a number of challenges with a multi -use path, such
as the number of crossings for creeks. His understanding is that there are some
residents who do not want the multi -use path because of the amount of right -of -way that
would be needed in their area to accommodate it. BATF's recommendation is to provide a
walking path in that area instead a multi -use path. If a bicycle lane is included on Brand
Road, less right -of -way would be needed, many of the engineering challenges would be
eliminated, and there would be a pedestrian path.
Mayor Lecklider responded that it would be the "path of least resistance," and does
eliminate many challenges. He is trying to weigh that against the fact that some residents
have anticipated a multi -use path. Do Council members wish to continue discussion at
this time?
Council consensus was to discuss this further at the upcoming CIP meeting.
Mr. Reiner inquired if it would be possible to have a cost comparison between the
pedestrian path and the multi -use path, including the costs of right -of -way acquisition.
Perhaps the costs savings could be used for the bicycle route. If the bicycle path is put on
the road, it would be less expensive and less intrusive.
Ms. Grigsby responded that the multi -use path has not yet been designed, so the amount
of right -of -way needed is not known. In some areas, existing right -of -way could be used.
But until the design is completed, an accurate estimate is not available. However, staff
has been looking at other options to make sure there are connections along Brand Road
for multi -use paths. These options will be discussed at the CIP workshops.
Mr. Keenan inquired how the sharrows along Emerald Parkway could provide a safe route
across the river. That area is very dangerous -- even in an automobile.
Mr. Stovsky responded that the chevrons and decals in the bike lane provide a clear
designation to vehicle drivers. In any event, only experienced cyclists would likely be
using that facility.
Mr. Reiner noted that, fortunately, Emerald Parkway was designed with lanes of sufficient
width to permit sharrows to be added safely.
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Mrs. Boring asked if the lanes would be restriped and narrowed, and the lanes retrofitted.
Mr. Stovsky responded that the lanes on Emerald Parkway and Woerner Temple are
much wider. The existing vehicle lanes would be narrowed by 12 inches and a bicycle lane
added. Sharrows have recently been added on various roadways in Hilliard and
Columbus.
Mr. Reiner stated that although Dublin is well -known for its multi -use paths, it completely
lacks actual bike lanes. As a progressive city, it is important for Dublin to add those
facilities where practical.
Wallace Maurer, 7451 Dublin Road stated that he assumes when sharrows are added to
the road, signage would also be added to indicate the presence of the bike lane. Painting
and emphasizing that line will psychologically keep vehicle drivers out of the bike lane.
BATF members are enthusiastic about their goal, and he believes Council is in agreement
with them. The price tag for this work will be $1 to $2 million. Money for this may be
available via outside sources. For example, he recently read about the Federal Safe
Accountable Flexible Efficient Transportation Equity Act of 2005, which has $4.5 billion
that it has dispensed around the country. Some projects it has funded include the
conversion of 14,000 miles of abandoned railroads to bikepaths. It specifically funds
bikepath and pedestrian paths. Dublin is known as one of the foremost premier
corporations in the country, one of the 21 Smart Cities, and one of the 7 Intelligent Cities.
A modest solution to the financial need is available. Mr. Maurer noted that he will continue
his comments at the next Council meeting.
• Solar Feasibility Study and Grant Opportunity
Ms. Crandall stated that there is currently the opportunity for the City to pursue grant
funding for solar installations through a State of Ohio grant. A memo with details is
included in Council's meeting packet. She will provide background on the opportunity and
potential funding structures for this. The reasons the City should pursue this solar effort
are to reduce carbon emissions; conserve fossil fuels; that it aligns with Council's goals to
create a greener community and to establish sustainable building practices; and it
provides an opportunity to educate the City's corporate residents. In addition to the
environmental advantages, there are economical advantages: electrical cost savings and
sale of renewable energy credits. The indirect economic impact is that, as Dublin is
viewed as a greener City, it would attract other like- minded companies to Dublin. The
grant is administered through the Ohio Department of Development's Energy Office. It
provides funding for solar thermal, solar electric, and wind energy systems. This is a non-
competitive grant, which means that if the grant requirements are met and funding is
available, it will be funded. The grant expires at the end of 2010, and it is unknown if it will
be renewed in 2011. That is the primary reason this is being brought to Council now — to
take advantage of this opportunity. The two funding structures are set up as occupant -
owned and third party- owned. With an occupant -owned system, the grant reimburses
50% of costs up to $150,000 at a rate of $3.50 /watt. With a third party -owned system,
the grant reimburses 50% of costs up to $200,000 at a rate of $3.50 /watt. Staff
recommends grant applications for two different installations. The first, at the Recreation
Center, would be 40 kilowatts (kW), City -owned and maintained, and would be installed
in 2011. The second, at the Service Center, would be 100kW, third party -owned and
maintained, with a 20 -year "lease to own" agreement. It would be installed in 2010.
Once a grant is awarded, the structure must be installed within 12 months. In March of
this year, Tipping Point Renewable Energy, located at the Dublin Entrepreneurial Center's
Green Integrator, completed a solar feasibility study of the three main City buildings and
both outdoor pools. The boilers at the pools, which heat the water, are very expensive to
operate. The assessment indicated the three main buildings offer excellent opportunities
for solar installations, as there is sufficient rooftop area for the installations. The pools did
not provide sufficient roof area, and it was not desirable to pursue ground- mounted
options, which would take up much of the pool area space. The City -owned system would
require an estimated upfront cost to the City of $245,000; however, grant funding would
cover half of that cost. The system has an estimated payback period (ROI) of nine years,
based on electric savings and the sale of Renewable Energy Credits (RECs). The first
year energy savings from this system is estimated at $3,377 with a 25 -year estimated
energy savings of $140,663. The first year revenue from Renewable Energy Credit sales
is estimated at $10,553 with a ten -year estimated revenue of $84,442. The third party-
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owned system would not require any upfront cost to the City. Instead, an annual $9,535
lease payment would be included in the Facilities operating budget each year for 20 years.
This payment will be offset by energy cost savings. Over a 20 -year period, the City's
estimated savings for this installation is estimated at $123,343.
Ms. Chinnici - Zuercher asked who would own the third party -owned system.
Ms. Crandall responded that Tipping Point Renewable Energy would own it.
Ms. Chinnici- Zuercher asked who purchases RECs.
Ms. Crandall responded that the utility companies do so. Currently, the State requires that
a certain percent of the energy the utilities generate has to be renewable energy. They
can either generate it themselves or buy RECs. They are buying them now in Ohio, but
they can go outside of Ohio, as well.
Mrs. Boring inquired how the RECs are generated.
Ms. Crandall responded that it is based upon how much energy the system generates. For
example, 42,000 kilowatt hours equate to 42 RECs, or one per 1,000 kilowatt hours.
Mr. Keenan inquired why the grant is predicated on a first -party and a third -party
ownership basis. Why wouldn't the City simply own them?
Ms. Crandall responded that the third party option is good if the entity does not have the
upfront capital to invest.
Mr. Keenan inquired if it is mandatory to do a third party option, or could the City purchase
both.
Ms. Crandall responded that two applications for funding cannot be submitted for that
option in one year.
Mayor Lecklider asked if there is a legitimate market that Dublin can participate in for the
sale of these RECs.
Ms. Crandall responded affirmatively. She and Ms. Adkins met with an attorney about
various aspects of the solar option, and were able to verify that these are currently being
sold on the market.
Mayor Lecklider stated that he assumes Council's approval of this project would be
contingent upon the receipt of the grant funding.
Ms. Crandall responded affirmatively. However, it is a non - competitive grant, so if the
criteria are met, the funding can be anticipated. However, the grant may not be renewed
in 2011. It will take a couple of weeks to write the applications, and the State review
process can take at least 4 -6 weeks.
Mr. Gerber pointed out that no maintenance costs were factored into the Rec Center
project.
Ms. Crandall responded that if, at some point in the next 12 -15 years it became necessary
to invest in a new inverter, should it not last, that cost would be approximately $20,000.
However, there are extended warranties available that could reduce that cost by half.
Mr. Gerber inquired if Ms. Grigsby had reviewed the matter.
Ms. Grigsby responded that she has reviewed this information with Ms. Crandall and Ms.
Adkins. However, she has not personally contacted any other companies. She is aware
that RECs are something that AEP and similar companies are required to participate in.
Mayor Lecklider inquired if there would be similar maintenance concerns for the Service
Center project during the next 20 years.
Eric Zimmer. Founder and CEO of Tipping Point Renewable Energy stated that solar
panels have very long life cycles. The panels proposed for the City have 30 -year
warranties that guarantee 80% of the energy they produce at the outset will also be
produced 30 years later. They require no maintenance other than ensuring that they are
not covered up with any material. The annual rainfall in Ohio keeps the area generally
clear. They do recommend annual preventative maintenance. Those maintenance
contracts cost approximately $500 /year. The inverter is the component that is most likely
to fail, and would probably fail during the time period of years 12 to 15. Purchasing a
warranty would extend the life to 20 years. The Service Center maintenance is covered by
the lease agreement, and the system would receive a new inverter sometime during the
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12 -15 year age range. Therefore, when the City assumes ownership of the system in year
20, the inverter would have been replaced.
Mayor Lecklider invited public testimony.
Wallace Maurer, 7451 Dublin Road asked if both Option A and Option B on the Rec
Center roof would be included in that solar project.
Ms. Crandall responded that both are included. One is viewable from the ground. The
other would be viewed from the rooftop.
Ms. Chinnici - Zuercher moved to approve the request to submit the grant applications for
solar installations as described.
Vice Mayor Salay seconded the motion.
Vote on the motion Vice Mayor Salay, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mayor
Lecklider, yes; Mr. Gerber, yes; Mr. Keenan, yes; Ms. Chinnici - Zuercher, yes.
STAFF COMMENTS
Mr. Foeoler reported:
1. Chief Mike Epperson has announced his resignation, effective August 20. He
has accepted the offer to serve as City Manager of New Bern, North Carolina.
Chief Epperson has been with the City since 1988, rising from the rank of
Police Officer to Deputy City Manager, and has provided valuable leadership to
the organization over the past 20 plus years. A reception in his honor will be
held at the Recreation Center on Monday, August 16.
2. Lt. Heinz von Ekartsberg will be named Interim Chief Police, effective August
21, following Chief Epperson's departure. He has over 27 years of service with
the City of Dublin, including 13 years as lieutenant. Mr. Foegler added that
over the next few weeks, he will update Council on his plans regarding the
remaining duties of the Deputy City Manager position and the process for
permanent replacements.
3. Council Members have been provided with suggested dates for work sessions
on Economic Development and on the Bridge Street Corridor. He requested
that Council Members advise the Clerk of Council or Ms. Ott regarding their
preferred dates, so the dates can be finalized and the meeting materials
prepared and provided to Council.
4. A meeting regarding the Historic Dublin Parking Demand Study is scheduled
for Tuesday, August 10 from 6:30 -8:30 p.m. at the Dublin Community Church.
A comprehensive review will be provided of that study, followed by a discussion
opportunity. The next step in the process will be a series of interviews with and
surveys of business owners, managers, employees and customers. Over the
next three to five weeks, the consultant will be analyzing the parking turnover
and occupancy surveys, interviews and physical analysis. There have also
been discussions with some of the major property owners who have
opportunities for shared parking facilities, such as the library and the Dublin
Community Church. It is anticipated that the initial findings will be shared with
Council by mid to late September.
5. Information regarding the Brand Road closure at Dublin Road for the
construction occurring at the roundabout was provided in Council packets.
6. Another successful Dublin Irish Festival took place over the weekend. Thanks
to the nearly 1,100 volunteers and many staff members who worked to make
this a successful event. A detailed report will be shared with Council in a few
weeks.
A resolution and legal services contract will be provided to Council for
consideration at the next regularly scheduled Council meeting on August 23.
COUNCIL COMMITTEE REPORTS /COUNCIL ROUNDTABLE
• Recommendation from Finance Committee regarding Bicentennial
Hotel /Motel Tax Grant Application
Mr. Gerber, Finance Chairperson reported that the Finance Committee met immediately
preceding this Council meeting. The Dublin Cornet Band had submitted an $18,000 grant
application for hotel /motel tax funding for a bicentennial cornet band project. The Finance
Committee voted to recommend approval of that grant application to Council.
Mr. Gerber moved approval of the Finance Committee's recommendation.
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Mayor Lecklider seconded the motion.
Vote on the motion Mr. Keenan, yes; Mayor Lecklider, yes; Vice Mayor Salay, yes; Mr.
Gerber, yes; Ms. Chinnici - Zuercher, yes; Mr. Reiner, yes; Mrs. Boring, yes.
Mr. Gerber also reported that the Finance Committee will meet on Monday, October 11 at
6 p.m. for the Third Quarter Financial update. At that time, the Committee will also review
the 2011 operating budget guidelines, and other items previously identified by Council for
Committee discussion. The Finance Committee reviewed the Second Quarter Financial
update. The City has continued on a prudent course. He summarized that the revenue is
down 3.25 percent from the 2008 levels.
Mr. Reiner
1. Congratulated City staff, volunteers and community members for a very
successful Dublin Irish Festival. The vendors were very pleased with their
sales at the Festival.
2. Expressed kudos to staff for becoming the first city in Ohio to receive special
recognition from the National Wildlife Federation for citizen participation in
individual wildlife preservation projects.
Ms. Chinnici - Zuercher
1. Thanked Chief Epperson for his community leadership over the past years, and
for the Department's accreditation achievements. She wished Mike and his
family the best of luck in their new home in New Bern, North Carolina.
2. Expressed agreement with Mr. Reiner on the success of the Dublin Irish
Festival. The weather seemed the best the event has ever experienced! She
heard many comments from Festival patrons on how wonderful this year's
experience had been. She volunteered at the Festival through the Dublin AM
Rotary on both mornings of the event and enjoyed seeing the day's activities
move into full swing. She is amazed that it is possible to accommodate over
100,000 people on the grounds!
3. Reported that a candidates' forum was hosted recently by a variety of
transportation agencies throughout Ohio. An emphasis was made on the need
to have transportation addressed at the Federal level, and she hopes Council
would certainly encourage any candidate to support that effort.
Mrs. Boring
1. Stated that she has received calls from citizens regarding the construction
issues at the Brand /Dublin Road roundabout. Is this additional construction
necessary because of drivers speeding through the roundabout and creating
vehicle conflicts?
Mr. Hammersmith responded that the City maintains an accident history at all the
roundabouts. Over time, statistics revealed a higher occurrence of accidents at this
roundabout than others in the City and so an assessment was made. This was the City's
first roundabout to be designed, although the second to be built. The traffic analysis at
that time indicated a borderline demand for a one -lane or a two -lane roundabout. The
City erred on the side of more capacity rather than less, thinking that would be a better
choice, and a two -lane roundabout with two merges was constructed. In hindsight, it would
have been better to have provided less capacity, as they have now found that
roundabouts work more efficiently with more congestion and volume. The two merges in
the roundabout resulted in drivers competing for the lane assignment, particularly in
leaving the roundabout and merging back into the road. He described the construction
changes occurring at the Brand Road - Dublin Road roundabout, which will improve the
safety and operation.
Mrs. Boring inquired how drivers would be alerted of the changes.
Mr. Hammersmith responded that changeable message boards will be positioned along
Dublin Road, and the lane assignment signs will be flagged.
2. Stated that the recent practice of polling Council members for meeting dates is
becoming cumbersome. She believes Council's policy has been to schedule
additional meetings on the "off Mondays" in the month. She has responded to
the last polling, as other Council members have, but would suggest that in the
future, staff try to target the off Mondays for additional meetings.
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3. Stated that she, too, enjoyed the Irish Festival and the logistics and efforts to
produce this were amazing to observe.
Vice Mayor Salay echoed everyone's positive comments about Chief Epperson, the
National Wildlife Federation Community Habitat and the Dublin Irish Festival!
Mayor Lecklider reported that
1. His family has also received the National Wildlife Federation Community
Habitat certification.
Ms. Salay indicated that her family has also received the certification.
2. He attended a 100` birthday celebration for Leonard Vogel of Longview Street.
A reception was held yesterday at the Berean Bible Church, where he
presented Mr. Vogel with a proclamation on behalf of Council. Mr. Vogel was
very pleased to receive this recognition from the City.
3. He also enjoyed the Dublin Irish Festival this weekend. It is amazing what the
staff and volunteers accomplish each year!
4. As a reminder, the Police -Fire CanAm Games will begin this weekend, and
Chief Epperson's reception will occur next week prior to the CIP workshop.
ADJOURN TO EXECUTIVE SESSION
Mayor Lecklider moved to adjourn to executive session at 9:21 p.m. for discussion of
legal matters.
Vice Mayor Salay seconded the motion.
Vote on the motion Mr. Keenan, yes; Mayor Lecklider, yes; Vice Mayor Salay, yes; Mr.
Gerber, yes; Ms. Chinnici - Zuercher, yes; Mr. Reiner, yes; Mrs. Boring, yes.
The meeting was reconvened and formally adjourned at 10:30 p.m.
1 511111! F/1 00,
Clerk of Council