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HomeMy WebLinkAbout05/21/2007RECORD OF PROCEEDINGS Minutes of Dublin City Cou ncil Meeting May 21, 2007 Held 20 Mayor Chinnici - Zuercher called the Monday, May 21, 2007 Regular Meeting of Dublin City Council to order at 7:00 p.m. at the Dublin Municipal Building. Present were: Mayor Chinnici - Zuercher, Vice Mayor Lecklider, Mrs. Boring, Mr. Keenan, and Ms. Salay. Mr. Reiner arrived at 7:05 p.m. and Mr. McCash arrived at 7:10 pm. Staff members present were: Ms. Brautigam, Mr. Smith, Mr. McDaniel, Chief Epperson, Mr. Harding, Ms. Ott, Ms. Gilger, Ms. Crandall, Mr. Tyler, Ms. Hoyle, Mr. Hahn, Mr. Hammersmith, Mr. Burns, Ms. Noble and Ms. DiSalvo. PLEDGE OF ALLEGIANCE The Dublin Piranhas soccer team led the Pledge of Allegiance. APPROVAL OF MINUTES • Regular Meeting of May 7, 2007 Ms. Salay moved approval of the minutes of May 7, 2007. Mr. Keenan seconded the motion. Vote on the motion: Mayor Chinnici - Zuercher, yes; Mrs. Boring, yes; Mr. Keenan, yes; Ms. Salay, yes; Vice Mayor Lecklider, yes. CORRESPONDENCE The Clerk reported receipt of Notice to Legislative Authority from the Division of Liquor Control regarding a new D2 application by KCT Chen LLC, dba Sushi.com Japanese Restaurant at 7160 Muirfield Drive. There was no objection to the issuance of this permit. SPECIAL PRESENTATION • Update from Dublin Convention & Visitors Bureau Joel Campbell Dublin Convention & Visitors Bureau (DCVB) Board President stated that DCVB's mission is to attract and retain overnight visitors to the City of Dublin, which will in turn help to increase the bed tax revenue and generate dollars for the City. During the past few months, DCVB has secured new events for the City, one of which was the Ohio AAU Olympic Track and Field Championships. This event will be held in July and will attract 1,300 athletes from the region, generating 600 room nights and $470,000 in the community. In addition, although the Nationwide Children's Hospital golf tournament will be held this July at the OSU course, DCVB was successful in securing all of the overnight stays in Dublin, which will total about 600 room nights. Those are examples of DCVB's efforts to secure business for Dublin over the past few months. Scott Drino, DCVB Executive Director stated that in January, DCVB introduced its new branding. The goal was to help identify Dublin as a destination and to help create an emotional connection to the City for the visitors. The economic success of the Historic District of Dublin is very important to the community and everyone present. The Historic District offers a tremendous product and an opportunity for DCVB. The new brand has been used to create several initiatives to bring visitors to the community and specifically to the Historic District. The Historic District merchants have been very supportive of the new brand, as it presents a platform from which they can promote their respective businesses. Some of the DCVB's initiatives include creating hands -on Irish experiences, such as visiting an authentic Irish pub, visiting an Irish store or drinking European tea. DCVB has created a scavenger hunt for tour groups that directs visitors to Historic Dublin shops. Last Thursday, a group of 60 visitors from Canton, Ohio visited Dublin for the day. The Irish experience offered was one of the reasons the group chose Dublin over other central Ohio communities. They spent the day in the community, spent thousands of dollars at the shops and restaurants, and, more importantly, left with the memory of a unique and positive experience in the community. Many local businesses have embraced the new brand. For example, the Crown Plaza has changed all their meeting room names to counties in Dublin, Ireland, and the decor of their lobby now follows an Irish theme. When the Dublin Village Tavern reopens in a few weeks, the new menu will include a section offering Irish fare. DCVB is working with Shared Vision Communications to create an "Irish is an Attitude" video that will be seen in every Dublin hotel room. The show will be helpful to the visitor looking for things to do in the community. The website continues to receive a record number of hits. DCVB has now begun their summer advertising campaign. The packet provided to Council members contains examples of the advertising that has been placed in several publications across RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting May 21, 2007 Page 2 the state and regionally. They have also created their first radio advertisement, which will he heard on WLW radio during the Cincinnati Reds games and on WJR in Detroit. Preliminary research had indicated that those cities were two of Dublin's biggest expansion markets. Mr. Dring thanked Council for their support and for the continued partnership. Mayor Chinnici - Zuercher noted that the Historic Dublin Business Association would also be providing a report on their new initiative this evening, and will share how their new initiative will integrate with the DCVB brand. • Update re Bridge and High Redevelopment Project Ms. Ott provided a report on the status of the development agreement with the Stonehenge Company for the northwest corner of Bridge and High Streets in the Historic District. Most of the negotiations have been completed on the major business points, and the proposed development agreement will be brought to Council on June 4. She shared the key points of that agreement. Focusing on meeting Council's goal of long- term vibrancy in the Historic District, the agreement is designed to: ensure the financing of this project for both the private and public contributions is fiscally sound; ensuring there are appropriate land use options associated with the project; and looking at future land acquisition that will complement this project in the Historic District. Currently, the concept is for the City to sell to Stonehenge building footprints of approximately 10,000 square feet that will be used to construct mixed -use commercial, restaurant and office space. That will be surrounded by an attractive plaza. Those details are still being refined, but they are in keeping with the basic design presented with their bid over a year ago. Staff has also worked to ensure that the process for approving the final design of this space conforms to the typical process the City uses for approving development within the community. Thus the Planning Commission, the Architectural Review Board and City Council will be involved in ensuring that both the private and public components of this project meet Council's expectations. Staff is also reviewing how the property at 37 Darby Street could best benefit the Historic District. The Stonehenge Company has been helpful in identifying a way that property can be incorporated into this project to help meet the parking needs of the Historic District. Stonehenge will participate financially in the construction of that lot, and will manage it. Private development in the Historic District must contribute toward making parking available for the District. A partnership between the City and the developer will achieve the goals. The agreement will provide for the public parking lot to be constructed in 2007. Approximately 90 -100 additional parking places will be available later this fall for visitors to the Historic District. The agreement also provides for improvements to the development site to begin in 2008, after the City's review process is completed to ensure it meets the design standards. Mo Dioun.The Stonehenge Company stated that he has enjoyed a good working relationship with City staff. The process has been lengthy because due diligence has been exercised by his company and by City staff to ensure that the design and the financial components of this project are optimal for the public sector as well as the private sector. They are very sensitive to the fact that this is a special piece of property within Dublin, and that what is built will be there for years into the future. They have enhanced the design of the public areas. They are anxious to begin construction of the project. The agreement is now being drafted by the Law Director and will be ready for Council consideration at the June 4 meeting. Mayor Chinnici - Zuercher thanked Mr. Dioun and staff. Council looks forward to breaking ground on the project and for the public parking lot that so many of the Historic District merchants are anticipating. Will a sketch of the design be provided on June 4? Ms. Ott stated that the renderings are consistent with those provided to Council last June, but a new site plan for the development site will be provided. The new plan provides a better design for the public space that will complement the buildings, as well as serve as an appropriate space that anyone in the community can use. Mayor Chinnici - Zuercher stated that Council looks forward to working with the Stonehenge Company. RECORD OF PROCEEDINGS Minutes of Dublin City C ouncil Meeting May 21, 2007 Held 20 • Historic Dublin Business Association Initiative Tim Picciano. President of Historic Dublin Business Association (HDBA stated that the HDBA has submitted a hotel /motel tax grant application to the Finance Committee for funding for a new initiative. They would like to make Council aware of that initiative, which is called Slainte Thursday. Historically, HDBA has focused on single events held once a year. While successful in their own right, they had only a short -term impact. Therefore, the HDBA has changed their focus from single events to a long -term campaign. The new concept, called Slainte Thursday, will be held the third Thursday of the months of June through October from 4 to 9 p.m. The event will consist of four components: 1. The participating retail shops will remain open until 9:00 p.m. and the restaurants will offer live music, preferably outdoors, weather permitting. 2. Artistic experiences will be included, hopefully, the product of a collaborative effort of the Dublin Arts Council and Dublin Area Art League. 3. Cross promotion and cross marketing by District businesses is encouraged by the HDBA membership. Although cross advertising has been practiced in the District, there have been few joint marketing or promoting efforts. An example might be: a visitor to the Tavern receives a certificate to be used at Ha'Penny Bridge. 4. Promotion of the event with the goal of introducing people to the District and making them aware of what the District has to offer. HDBA believes that this type of campaign with a recurring event has the greatest chance of success in meeting the mutual goals of Council and HDBA for the Historic District. Mrs. Boring inquired the reason Thursday was selected instead of Friday, which some other communities have used as it is followed by the weekend. Mr. Picciano responded that the restaurants are already full on Fridays and unable to accommodate more visitors. The intent is that the visitors to Slainte Thursday will be able to discover what is in the District, and that is better accomplished on a Thursday. Mayor Chinnici - Zuercher thanked Mr. Picciano for his presentation and noted that Council will hear more about the subject later on the agenda when the Finance Committee makes its recommendations on the hotel /motel tax grants. AGENDA MODIFICATION Mayor Chin nici-Zuercher requested that Council modify the agenda to move the soccer program discussion to follow Citizen Comments. There are many interested citizens present for this topic, including young children. Council consensus was to modify the agenda as proposed. CITIZEN COMMENTS Wallace Maurer, 7451 Dublin Road stated that he would like to have what each Council member, each City management staff member and every American citizen in this room, in this city and across the country has -- freedom of speech. As everyone knows, he was deprived of this right in October when he was prohibited from speaking on a particular topic. Every American citizen has that right guaranteed by the First Amendment. This is the only country that provides that birthright, guaranteed in writing. That is what he would like to have — the next move is Council's. Mayor Chinnici - Zuercher thanked Mr. Maurer for his comments. Mr. Maurer stated that he would like to have an answer to this by the end of the next Council meeting, Mayor Chinnici - Zuercher stated that Council has already provided Mr. Maurer with a response. Mr. Maurer responded that Council has not answered that particular question. Council has established a very significant precedent. Council has not dealt with the free speech issue whatsoever, although two members came close to it — Council Member Boring at the October 16, 2006 meeting. He confirmed for her that Council could include an opportunity for citizen comments as well as remove the opportunity. But Council did not have the courage to consider the implications of that step. Also, when he met with Mayor Chinnici - Zuercher last August outside of Dublin Friendship Village, she indicated that there were some who would like to limit his comments on the topic he was speaking on, but her response to them was related to the fact that this is a democracy. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meetinn May 21, 2007 OTHER Discussion re Soccer Programs Mr. Earman stated that over a year ago, Council entered into an agreement with Dublin Middle Tier Soccer Organization ( DMTSO) allowing them to be a soccer provider in the community, to provide a level of soccer that is above general recreational soccer yet does not have the level of commitment in terms of cost and travel as does the club or select soccer program. A few weeks ago, Council and some City staff members received emails requesting modifications to the agreement in place in order to expand the parameters to accommodate some other teams in the organization. Primarily, these requests were formulated around the concept that the teams would be able to play in the Mid Ohio Select league. The travel parameters are outside the geographic limitations of the existing agreement, and therefore, were not permitted by City Staff or the other organizations. The staff memo provides a significant amount of information on the process leading up to the present time. It includes some of the details regarding this issue and some of staffs recommendations for the future. There are quite a few representatives of the various organizations and teams present tonight. As the history indicates, all of the earlier discussions led to compromises and agreements, including the one that exists today. The primary objective of those agreements was to maintain or improve the quality of the soccer program in Dublin. General recreational soccer was given the highest priority. Delineation of service has been provided which will ultimately set clear expectations, not only for the organization but for all the participants and parents committing to whatever level they choose. Lastly, they have defined parameters to foster collaborative efforts among all of the organizations to work together to resolve issues, such as the issue to be discussed this evening. City Council and staff have now received a request to modify the DMTSO agreement to: (1) expand the travel limitations; and (2) to include the carding aspect of players to participate in MOSSL tournaments. Since the agreement was finalized last year, these teams have played in MOSSL due to a collaborative effort of the organizations and City staff. A year later, the terms of the agreement have not yet been met. It is staffs opinion that expanding the scope or the parameters under which the organization operates diffuses the objectives to the point that they are unclear and muddles the expectations regarding commitment for people entering certain levels of competition. Furthermore, it is staffs recommendation that the existing language of all the agreements should be maintained, permitting the opportunity to resolve the matters. The agreements are for three years and have not been in place long enough to make all of the options apparent. There are multiple issues within every sport and every program. To accommodate every issue requires extensive work and creativity. He would like to have the opportunity to continue with that effort to make sure that the City is maximizing the ability of everyone to achieve what they would like to within the community. Mrs. Boring referred to the statement on page 3 of the staff memo, which indicates, "They are disregarding the terms of the agreement and direction from the City currently in place. " Is that accurate? Mr. Earman responded that it is correct as it is written. Staff has met with DMTSO representatives as well as those from the other organizations and attempted to resolve this issue. The direction given was to use internal means to find a way to accommodate the specific needs of each of the teams involved. Additionally, direction was given to encourage creativity from the other organizations in finding a solution. To this point, none have been successful. These teams are currently requesting to play in MOSSL for the upcoming fall season. The deadline for the DMTSO teams to discontinue playing in MOSSL was this past spring season. Mayor Chinnici - Zuercher invited public testimony. Dana Mack, 7417 Charmonte Court stated that he is an area rep for DMTSO and a coach of one of the teams. He has been associated with the organization since its inception, and he was with the GOYSL program when DSL operated it — a total of over four years. The City has been working with them to have the middle tier soccer program in place; however, there are a few items that remain to be worked out. He will give DMTSO's perspective. (1) Team composition. DMTSO is comprised of 255 players, 252 are Dublin residents. The three players who are not Dublin residents are from a Hilliard team that had no place to play. During the latter part of the season, DMTSO had RECORD OF PROCEEDINGS Minutes of Dublin City C ouncil Meeting may 21, ZUUt Page 5 openings for three players, so they were included. He does not know if the other clubs in Dublin are comprised of 98 percent Dublin residents. The players' uniforms, in evidence tonight, display a Dublin logo, but for the other teams, it is often difficult to determine if they are Dublin teams. (2) There have been comments that there is a duplication of services -- that DMTSO is in conflict with Ohio FC club. He would like to dispute that claim. He read /distributed information from the Team Ohio FC website, which states: "Team Ohio is designed and structured to meet the needs of the elite club soccer player who aspires to play at the highest level of competition. To be successful at the regional and national level, it is necessary to interact with quality players and to provide them with highly skilled and qualified coaches. This reflects the philosophy of Team Ohio FC." DMTSO, on the other hand, is designed and structured to meet the needs of the player who is just above the recreation player, who wants a different experience, without going to the elite or national level. Mr. Mack indicated that when the DMTSO agreement was developed last year, time was limited. There was a deadline with MOSSL to have their teams declared. Consequently, some compromises were made. At that time, Council asked if seven counties were enough, and Mr. McMahon, who was present at the Council meeting in 2006, indicated that it was adequate. For this reason, they are present tonight. His team was placed in the lowest division of MOSSL. There are several MOSSL divisions. The "A" division is an elite division, but there are also B, C and D divisions -- a mid -level type of competition in which they could be placed. The reason they need to participate with MOSSL is that they have achieved all they can with GOYSL, and need the next step up in competition. MOSSL provides that opportunity to the players. If the agreement had been structured to allow an additional 8 or 9 counties, they would not be here tonight. They are interested only in being a central Ohio -based soccer club. There are enough local tournaments; they do not want to travel further. They do not aspire for a national level competition; many of their players play multiple sports. James Leach, 7667 Quetzal Drive stated that he is ten years old and lives in Hawks Nest in Dublin. Last year, he played on the OFC team for those ten years of age, based on his skill. Although he had shown for a year that he was capable of playing up, when OFC conducted their trials for this year's team, he was told to go to the nine and ten year old tryouts, while the rest of his team went to the 11 and 12 year old tryouts. He did what he was told, and he made the OFC 10 year old team. However, not enough boys in that age group accepted the offer from OFC and OFC did not have a coach for their age group. Therefore, there was no team and no place for him to play. DMTSO gave him the opportunity to play up to his abilities but OFC was unable to do so. Connor Huelsman, 5763 Rushwood Drive, stated that he has played three years with the Dublin Piranhas and had a great experience this year in the MOSSL league. He is 11 years old and loves soccer, baseball and basketball. He is not ready to commit to playing only soccer year- round, nor does he want to travel far and give up all his weekends. He wants only to play in a competitive league where he can continue to improve. He asked Council to please consider allowing his team to return in the fall. Jim Sturm. President of MOSSL (Mid Ohio Select Soccer League) stated that he is present tonight as a resource, because the organization of the soccer community is complicated and sometimes difficult to understand. He would be happy to answer any questions about the MOSSL rules or procedures. He began his soccer career in Dublin as a recreational soccer parent, served on the Dublin Soccer League (DSL) Board for three years, and as the President of MOSSL the past 12 years. At no point has anyone stated that these players will not be able to play competitive soccer in MOSSL. The question is under what format and restrictions. MOSSL does operate in 15 counties and holds some tournaments outside the seven - county limit. The temporary agreement reached last summer accommodated the DMTSO players, but it is up to the City to find a solution. MOSSL will do everything it can to ensure that these children and all players have the opportunity to play soccer. Timmy Frantz, 5260 Enke Court stated that he played OFC for one year, and he did not like it because he was "benched a lot." The coaches wanted only to win. He wanted to play competitive soccer to have fun. Then he joined the Dublin Piranhas, and he loves RECORD OF PROCEEDINGS Minutes of Dublin City Council May 21, Meetin Held 20 the team, and does not want to see it split up. Ken McMahon, 5998 Rings Road stated that he appreciates Council's willingness to listen again. He believed the issues had been resolved at the Council meeting in April of last year. In response to Council's question, he had indicated that playing within a seven - county range would be adequate, but he was wrong. The GOYSL and MOSSL fees are the same. On the MOSSL website, in response to an inquiry whether everyone had the opportunity to play in out -of -town tournaments, Mr. Sturm responded that the A teams and many B teams do, but the C, D and E teams do not. The DMTSO teams want to play in a league commensurate with their abilities. Mr. Earman has suggested that they re- randomize and re- formulate the teams. That is not what GOYSL does. Once a team is formed, they are permitted to stay together as long as they desire. Whether it's MOSSL or GOYSL — it's all the same central Ohio area. They are not trying to compete with the OFC. OFC wants the top teams in Ohio. There is also plenty of room for DMTSO. DMTSO cannot be under the OFC wing, as they place the DMTSO teams in a level lower than they are capable of competing in. Wallace Maurer, 7451 Dublin Road noted that OFC appears to be comprised of a mixed gender and OP is comprised primarily of females. Are DSL and DMTSO comprised of teams that are of mixed gender? Mr. Earman responded that there is an error in the information distributed. OFC is not mixed gender; the membership is male only. Mr. Maurer inquired about MOSSL and GOYSL composition. Mr. Earman responded that both are comprised of mixed gender. Ms. Salay stated in view of the emails from parents and the discussion tonight, she is unclear about the problem. At first she believed it was age — that the middle tier only included up to a certain age and after that the individual could not play in the middle tier. Is that correct? Mr. Earman responded that when the children reach middle school age, they are eligible for middle school soccer program. There is no age cap. Ms. Salay asked if the child could play U14 at middle tier. Mr. Earman responded they could, if there are enough to form teams. Mr. McMahon stated that their directive was that the middle school soccer program is primarily 7 th and 8 th grades, and they are not to interfere with that. Consequently, the highest age DMTSO would permit is U12. Ms. Salay inquired if after the U12, it would be necessary to play in the middle school program. Mr. McMahon responded that there is no agreement in place that defines what is to occur when the player turns 13. Before this year, they had no U11 teams. This year they had four — three teams play in GOYSL and one, the Piranhas, plays in MOSSL. Ms. Salay stated that it was her understanding that the middle school program is primarily a recreational program. Mr. McMahon responded that is correct. Ms. Salay inquired what the DMTSO kids who are more competitive than recreational soccer must do? Mr. McMahon responded that they have not yet faced that decision. When the children reach middle school, they will make a decision. Some may be interested in playing football, so they would be satisfied to play middle school soccer. If the player at age 13- 14 wants to continue to play competitive soccer, they would probably choose to play club soccer. They would not do both. Mr. Keenan noted that today, at both middle school and high school levels, the coaches discourage the student from playing multiple sports. Mr. McMahon responded that is correct. Middle school soccer is the option available unless they are interested in playing OP. Mr. Keenan inquired if there is a cost differential between the organizations. Is there a reason not to do this from a financial perspective? Mr. Earman responded that with the existing price structures, there is a jump between the middle tier to the club or select programs. The difference is approximately $150. Mayor Chinnici - Zuercher noted that the information distributed in the packet states that OFC and OP costs are $300 - $1,200 per year. RECORD OF PROCEEDINGS Minutes of Dublin City Council May 21, 2007 _ Meeting Mr. Earman responded that after speaking with the president of OFC, it is his understanding that the lower end of that, around $450, are costs for their select program. That program has volunteer coaches and a more limited service. Mr. McMahon noted that the fees for GOYSL and MOSSL are the same. They had students playing in both leagues, and the parents were satisfied. Why would they not continue that? Ms. Salay asked if the issue with this particular team is that MOSSL would require them to travel outside the seven - county area for the regular season for tournaments or for both. Is that the entire issue? Mr. Earman responded that it is the primary issue. They did it this year under a temporary arrangement with OFC. Ms. Salay inquired what involvement OFC has when this is a middle tier organization. Mr. Sturm stated that MOSSL is comprised of 15 counties, and their league rules require that to participate in their league, any team must first be sponsored by one of the 32- member leagues. Dublin Soccer League (DSL) is one of those. They currently sponsor OP for girls and OFC for boys. Ms. Salay noted that they also sponsor DMTSO. Mr. Sturm responded that because of the agreement signed last April, he did not believe he could permit the DMTSO to be a separate club under the DSL umbrella. To accommodate that rule, those three teams moved under the OFC wing. From there, they stepped up into MOSSL. There was a one -year temporary agreement that DMTSO could be under the OFC wing. That brought them into their league, allowed for scheduling, and it was complete and not in violation of the agreement. Ms. Salay inquired what counties they were playing in, and if they were to continue next year, would they likely play outside of the seven - county area? Mr. Sturm responded they would. He had an opportunity to review some of the emails that were sent to Council, and there were comments that MOSSL has never played tournaments outside of the seven - county area. That is not true. Typically, as the teams improve and move up, they will play a different combination of teams. They do have teams in Mt. Vernon, and Knox County is outside the seven - county area. They also have teams in Chillicothe and Zanesville, which are in Muskingum County. So it is very common to have teams play outside the seven- county area. They cannot make exceptions for some teams not to play others. Vice Mayor Lecklider stated that he believes Mr. Sturm's interpretation of the agreement was correct, given the circumstances. He would have interpreted it in the same way. Mr. Sturm responded that he has a broader perspective. Of the 32 leagues that make up MOSSL, there is only one major area that has multiple clubs, notwithstanding OP and OFC. In the Westerville area, there are eight different clubs. Having multiple providers in one community results in a serious problem, in that not enough attend any one tryout to form a team. Mayor Chinnici - Zuercher stated that she would suggest that staff go back and work with the organizations and bring any recommended changes back to Council. The current recommendation is to maintain the current agreement. She agrees it should be maintained until there has been time to thoroughly review all of these issues. What are the concerns about adding the eight other counties that would suggest the current contract should not be amended accordingly? It was an arbitrary expectation, based upon what was known at the time, that a seven - county area would be sufficient. However, circumstances have changed. Mr. McCash inquired who the City is trying to protect with this arrangement. There are three teams that have violated the agreement and received a special exemption. Yet he has seen no emails from parents asking that something be done. Apparently, they are not concerned, so who is it that needs to be protected? Mr. Earman responded that all of these organizations will have a difficult time trying to co -exist unless there are specific understandings regarding their areas of service. If three of the 17 teams are permitted to play beyond the limits of the agreement, where are the limits? Should they be allowed to play under all types of scenarios? The result will be parents indicating that is not what they signed up for -- they signed up for a RECORD OF PROCEEDINGS Minutes of Dublin City Council May 21, 2007 middle tier program for their child, but they are venturing into the club territory. The issue is what is the correct level of commitment and the expectation of that commitment. Mr. McCash stated that the agreement clarifies that. However, these players may want to play all the way up through the age groups of OP and OFC, but with a lesser commitment than the elite soccer player. He has dealt with a very similar situation in the sport of figure skating. There is the United States Figure Skating Association ( USFSA), which is highly competitive, and then there is the ISI group. They are composed of the same age groups and skaters make the choice between highly competitive figure skating and a level slightly above recreational skating. They travel to all the same places — across the states and around the world, but there is a different level of demand for competition and performance between the two. USFSA leads to the Olympics; ISI provides some recognition, but not as much. Similarly, if the middle tier organization covers the same area as OP and OFC, yet the children do not have the same level of commitment as the more elite soccer league, he does not see a conflict. The children should be allowed to just play soccer. Mr. Earman stated that the same problem exists with every sport, not only soccer. There is a certain "box" that teams play in, and in order to move to the next box, they must meet certain requirements or expectations. The request is essentially for this team to move to one box and half of another box, but doing that would impact all the other organizations. It would affect MOSSL scheduling. One of the reasons for developing the agreements was to ensure that there were defined limits, and everyone understood exactly the level to which they were committing. Mr. McCash inquired how it would impact MOSSL scheduling. Mayor Chinnici - Zuercher stated that she does not believe it does. Mr. Sturm has already indicated that he moved them under a different construct in order to allow them to do it. Mr. Earman agreed, noting they were placed under the OFC. Mr. Keenan stated that the teams have been together for 3-4 years, and the parents are likely fully aware of the situation. Ms. Salay responded that they are, and they are perfectly satisfied with it. Thus, she does not understand the problem. Is there a problem with OFC not wanting to do this for another year? After that, there is the middle school soccer program. As was stated, when the children reach that level, they will either choose to play recreational soccer so that they can play other sports or they will commit to club soccer and prepare to play high school soccer. Is the issue with OFC? Mr. Sturm asked if he could respond to both Mr. McCash's and Ms. Salay's questions. Mayor Chin nici-Zuercher responded that he could do so, but she does not want Council to conduct what is typically committee level review. Staff and the parties involved should meet and work through these issue and develop a recommendation for Council. Ms. Salay noted that there are time constraints for this team. Mayor Chinnici - Zuercher responded that it should be possible for the committee to meet quickly. Mr. McMahon noted that tryouts are scheduled for this week and next. Mayor Chin nici-Zuercher inquired if their expectation was that Council would make a decision tonight. Staffs recommendation is that no changes be made to the agreement. That would mean that OFC would have to agree to allow DMTSO to participate under different terms than DSL, as occurred this year. Mr. Sturm stated that OFC is willing to extend the agreement in its present form for another year to give everyone the opportunity to play. In regard to Mr. McCash's suggestion that the players pick which division they want to play in — that is not up to the individual teams. They can make a recommendation, but that is up to a board of directors to assign a team to a particular division. Mr. McCash responded that he was speaking of a choice between middle tier and club soccer. not the divisions within them. Vice Mayor Lecklider stated that the issue is whether to continue the existing model or if the Westerville model should be followed. In Dublin, there is a monopoly and therefore the City developed some agreements to address that issue. In Westerville, there are perhaps too many clubs. He believes the real issue is that OFC and OP are trying to protect their franchise. That is understandable, as they have invested much in what has Meetin RECORD OF PROCEEDINGS Minutes of Dublin City Council Meetin been developed. Dublin soccer beyond the recreational level is probably what it is today due to the efforts of those involved in that organization, past and present. The question now is whether accommodations will be made for DMTSO to compete at that level. To do so, it is necessary to recognize that the equation is being changed. Vice Mayor Lecklider noted that his personal motivation to become involved in this discussion a year or two ago was the expense associated with playing at the different levels. He would be concerned if making a change in the DMTSO service were to result in an increase in costs. However, it doesn't seem that there would be additional expense if the teams were to play outside the seven - county area. It is the expense of professional coaching and overnight stays that causes the costs to rise above $1,000. Ms. Salay suggested that, in the interest of moving the discussion along and solving the immediate problem for this team, the team be permitted to play on the same basis as it has this past year. The following year, the issue will no longer exist as the group will be too old to play in the middle tier program. In the meantime, the issue can be discussed and the agreement revised. The arrangement used this past year may be a good solution. It worked well for everyone. OFC is willing to continue it, and it's acceptable to MOSSL. She doesn't foresee a problem with continuing it for another year. Mr. Keenan agreed. The discussion of the bigger issues could then be sent to a committee who would bring back a recommendation. Mr. Earman stated that staff's recommendation as outlined in the memo was not intended to prevent this team from playing. It was based upon the belief that continuing with the existing agreement would allow the opportunity for the problems to be resolved, recognizing that it is the responsibility of staff and these organizations to find the way to make that happen. Council has now heard from OFC, MOSSL and other representatives present tonight that they believe something can be worked out. Ms. Salay stated that staffs memo states that, "As a result, City staff has discussed the issue further with OFC and MOSSL, which has generated new opportunities within the appropriate select program that will accommodate the particular needs of these three teams without extending beyond the limits of any of the Agreements." Is it the belief that this solution will work for this team for next year, and that a solution for the future can be worked out within the parameters of the existing agreement? If that is the case, perhaps the agreement will not need to be revisited. Mr. Earman responded that he is hopeful that is the case. Vice Mayor Lecklider stated he is not convinced this arrangement is a good long -term solution, as these circumstances will also arise in the future. It would be best to resolve the tension that exists between this middle tier and OFC. There has been testimony that the middle tier teams are being required to play at a level lower than they are capable of playing. If the teams are required to play under the OFC umbrella, that tension will continue to exist. Mayor Chinnici - Zuercher stated that the recommendation is to continue the present arrangement with OFC to accommodate the situation for next year. Mr. Earman stated that after hearing the comments tonight, there may be another option, that of continuing the temporary arrangement as a permanent agreement. Mayor Chinnici - Zuercher moved to (1) to continue the arrangement with OFC this year to accommodate the issue for this team; (2) direct staff to work with the organizations to resolve the issues, based on their experiences; (3) direct staff to return in three to six months with any new recommended agreement, which may be the same. Mr. McCash seconded the motion. Vote on the motion Mr. Keenan, yes; Mr. Reiner, yes; Ms. Salay, yes; Mr. McCash, yes; Mrs. Boring, yes; Mayor Chinnici- Zuercher, yes; Vice Mayor Lecklider, yes. LEGISLATION POSTPONED ITEM Resolution 15-07 Authorizing the City Manager to Enter into an Agreement with TechColumbus. RECORD OF PROCEEDINGS Minutes of Dublin City Council Me eting Ms. Brautigam stated that this item was postponed by Council at their March 19 meeting. It was rescheduled for tonight's meeting, but as was indicated at the study session last Wednesday, a new agreement with TechColumbus is being prepared and staff plans to bring that to Council on June 4 Mr. Keenan moved to postpone Resolution 15 -07 to the June 0 Council meeting. Vice Mayor Lecklider seconded the motion. Vote on the motion Mr. Reiner, yes; Mr. Keenan, yes; Mrs. Boring, yes; Mayor Chinnici- Zuercher, yes; Ms. Salay, yes; Vice Mayor Lecklider, yes; Mr. McCash, yes. LEGISLATION SECOND READING /PUBLIC HEARING - ORDINANCES Ordinance 24 -07 Amending the Dublin Residential Building Code, and Declaring an Emergency. Mr. Smith stated that the request is for Council to affirm Dublin's residential building code. Adoption by emergency is requested due to the litigation filed by the City of Dublin against the State of Ohio. Mayor Chinnici - Zuercher requested clarification of the relationship of the state to the local code. Mr. Smith responded that the State law becomes effective May 26. This legislation affirms for the City's case the fact that the City will continue enforcing its Residential Building Code with the three amendments provided in this ordinance. Mr. McCash inquired if the City should encounter problems with prospective home builders who may not want to conform to the City's Code, should Council consider imposing a moratorium against home building until the issue is resolved? Mr. Smith responded that he did not believe that action is necessary at this time. Should it be necessary, the Law Director's office is prepared to seek immediate injunctive relief. It is appropriate at this point to wait until the designated time for the State's response to the City's filing. Legal staff will proceed with whatever action is necessary to enforce the City's building code. Mr. Keenan stated that an example of the differences is that State Code does not have a requirement for carbon monoxide detection, while Dublin Code does. So the City's Code is broader than the State Code. Mr. Tyler responded that at their October 3, 2006 meeting, the Residential Code Advisory Committee found that this particular provision was not in conflict with the State Code, and therefore it can be enforced as is. Mr. Smith noted that the Committee did identify three items to be in conflict with State Code, related to stair risers, height and the electrical requirements. Mr. Keenan stated that he did not understand why the City Code is in conflict if it broadens the requirement of the state. Mr. Smith responded that the State Board of Building Standards made that determination. Ms. Salay stated that the larger issue is home rule. Mr. Smith responded that is correct. This is one of five recent examples in which the state legislature has impinged on home rule. Others include the City's authority in regard to the cable issue and Mayor's courts. Two of the three issues in the City's complaint are based on home rule. Ms. Salay moved for emergency passage. Mr. Reiner seconded the motion. Vote on the motion: Ms. Salay, yes; Vice Mayor Lecklider, yes; Mr. Reiner, yes; Mr. Keenan, yes; Mayor Chinnici - Zuercher, yes; Mr. McCash, yes; Mrs. Boring, yes. Vote on the Ordinance Mr. McCash, yes; Ms. Salay, yes; Mrs. Boring, yes; Mr. Reiner, yes; Vice Mayor Lecklider, yes; Mr. Keenan, yes; Mayor Chinnici - Zuercher, yes. Ordinance 25 -07 Authorizing the Provision of Economic Development Incentives to Aimo Investments LLC and its Affiliate FLG Hospitality LLC to Induce the Location and RECORD OF PROCEEDINGS Minutes of Dublin City Council May 21, 2007 Meeting__ Expansion of its Operations and Workforce within the City of Dublin and Authorizing the Execution of an Economic Development Agreement. Ms. Gilger stated that the proposed agreement would offer a $32,000 grant to FLG. In return, the company is agreeing to acquire a Dublin facility in which to relocate its 22 employees to Dublin and to create approximately 16 new jobs by 2011. Buck Rinehart, FLG's legal advisor and the company's representatives are present this evening. Mr. Rinehart introduced two members of the Aimo partnership, Pete Cartola and Matt Studer and suggested that they can respond to questions. Mr. Studer thanked Council for their consideration of this economic development incentive. They are currently located in Columbus and want to purchase the building at 545 Metro Place South. This grant will offset much of the moving expense. They currently have 18 employees and are growing rapidly. They are in the hotel management business and own and manage 15 hotels located around the country, with an additional five hotels under contract. At this pace, they hope to fill the new building within five years. Mr. Keenan stated that this proposal is responsive to the direction given by Council to the economic development team to bring in some smaller companies in addition to larger ones. Ms. Gilger noted that staff is impressed with this company's growth projections. Vote on the Ordinance Mrs. Boring, yes; Mr. Keenan, yes; Mr. Reiner, yes; Ms. Salay, yes; Vice Mayor Lecklider, yes; Mr. McCash, yes; Mayor Chinnici - Zuercher, yes. Mayor Chinnici - Zuercher noted that this is Ms. Gilger's last Council meeting in Dublin. She congratulated Ms. Gilger on her new job and thanked her for her excellent work, particularly in the past year during Mr. McDaniel's military service. She wishes her the best of luck in the future. Ms. Gilger thanked Council for the opportunity provided to her. INTRODUCTION /FIRST READING — ORDINANCES Ordinance 26 -07 Providing for a Change in Zoning for 262 Acres Located South of SR 33 1US 161, West of 1 -270, North of the Municipal Boundary, and East of Avery Road Retaining Washington Township Zoning To: R -1, Restricted Suburban Residential, RI, Restricted Industrial, and LI, Limited Industrial Zoning under the Provisions of Code Section 153.004(D). (Southwest Quadrant Rezoning (Areal) Case No. 01 -110Z) Vice Mayor Lecklider introduced the ordinance. Ms. Noble stated that she would be presenting several area rezonings in a collaborative manner. Staff is proposing five area rezonings, a project that staff has been working on for several years. She shared a PowerPoint presentation, noting the first map depicts the various areas subject to the rezoning process. The first case is in the central portion of Dublin identified as the southwest quadrant rezoning containing a mixture of land uses, commercial and residential. The second case is primarily along SR 33 and SR 161. This is primarily commercial rezoning on the western edge of Dublin. The third case is residential rezoning in the southwest quadrant of Dublin. This is composed primarily of large pieces of land that have development potential within the City. The fourth area rezoning consists of a smaller piece in the central portion of Dublin along Avery Road that is commercial. The fifth rezoning piece is a residential piece just east of 1 -270, and is the only application for land east of 1 -270. A brief description of the process and the purpose of the area rezonings follows. This comprehensive rezoning process was initiated in early 2001. The purpose of area rezonings was to establish zoning classifications on properties that retained a township zoning classification, primarily Washington township, and /or have documentation issues that make it desirable to establish clear documentation of a Dublin zoning classification. The intent is to establish a City zoning classification that is comparable to what the zoning was when the land was in the township, regardless of future land use recommendations or development potential. All the property owners have received written notifications and several meetings with property owners have been held to make them aware of the process. Staff is supportive of this process because it is RECORD OF PROCEEDINGS Minutes of Dublin City Council Nleetiog consistent with the intent to establish consistent regulatory standards for all the property within the City of Dublin. It ensures private property rights to the extent possible while establishing equivalent zoning classifications for all properties. Much of this problem was addressed in 2002, when the City adopted an annexation policy that would allow properties when they are annexed to the City of Dublin to annex as a rural zoning. She described the land involved in each area rezoning. The Planning Commission hearing of the cases was on April 12, 2007 and they voted to recommend approval to City Council. Mr. Reiner inquired if the second area rezoning to R-4 is an existing R -4 with R -4 development, such as apartments. Ms. Noble stated that the density would be similar to the township zoning. Mr. Reiner inquired if there are existing structures on the property. Ms. Noble responded that she could provide information, but could not say at this time if they are developed properties. Mayor Chinnici - Zuercher responded that this is a critical question. What level of density is R-4? Ms. Noble responded that R -4 is multi - family residential. Mayor Chinnici - Zuercher stated that is the reason Mr. Reiner is asking the question. If it exists, it is understandable why a rezoning to R -4 is requested. If it does not exist — and there are no apartments on the land at this time -- why is that zoning classification being requested? Ms. Noble responded that the primary reason would be because there was an equivalent zoning classification and most of the properties involved in this process have been developed. If Council is inquiring about a specific parcel of land, however, she would need to verify that. Mr. Keenan inquired if this includes the properties off of Marion Road. Ms. Noble responded that it does not include those properties. Staff has spoken with the owners and those properties are being rezoned at a different time. Mr. Keenan inquired if, similarly, the Hoge property is near these properties but not included in the area rezoning? Ms. Noble stated that the Hoge property is included. There are some duplexes in the southwest quadrant that were removed from this group and will be rezoned later. Mayor Chinnici - Zuercher inquired which case Mr. Reiner was inquiring about? Mr. Reiner responded that it is Ordinance 27 -07. Ms. Brautigam indicated that the property is on South Franklin Street. Mr. Keenan inquired if R -2 is single - family only. Ms. Noble responded that is correct. Mr. Keenan inquired if R-4 allows from two to eight units. Ms. Noble confirmed that is correct. She noted that this is a highly developed area, so the likelihood is that there are existing structures on the property. She will verify that prior to the second reading. There will be a second reading /public hearing at the June 4 Council meeting. Ordinance 27 -07 Providing for a Change in Zoning for Approximately 62.72 Acres Located South of Dublin- Granville Road, West of the Scioto River, North of Rings Road, and East of Frantz Road Retaining Washington Township Zoning To: R -2, Limited Suburban Residential and R-4, Suburban Residential Zoning, under the Provisions of Code Section 153.004(D). (Inner 1 -270 Residential Rezoning - Case No. 03 -098Z) Mr. Keenan introduced the ordinance. There will be a second reading /public hearing at the June 4 Council meeting. Ordinance 28 -07 Providing for a Change in Zoning for Approximately 510 Acres Located South of Shier -Rings Road, West of Avery Road, North of the Municipal Boundary, and East of Cosgray Road Retaining Washington Township Zoning To: R, Rural and R -1, RECORD OF PROCEEDINGS Dublin City Coun Restricted Suburban Residential Zoning, under the Provisions of Code Section 153.004(D). (Southwest Shier -Rings and Avery Roads Residential Rezoning - Case No. 03-121Z) Mr. Keenan introduced the ordinance. There will be a second reading /public hearing at the June 4 Council meeting. Ordinance 29 -07 Providing for a Change in Zoning for Approximately 40 Acres Located South of Shier -Rings Road, West of Avery Road and East of Cosgray Road Retaining Washington Township Zoning To: RI, Restricted Industrial and PUD, Planned Unit Development Zoning, under the Provisions of Code Section 153.004(D). (Southwest Shier -Rings and Avery Roads Commercial Rezoning - Case No. 03 -122Z) Mr. Keenan introduced the ordinance. There will be a second reading /public hearing at the June 4 Council meeting. Ordinance 30 -07 Providing for a Change in Zoning for Approximately 342 Acres Located South of Post Road, North of Shier -Rings Road, West of Avery Road and East of Cosgray Road Retaining Washington Township Zoning To: R, Rural, R -1, Restricted Suburban Residential, RI, Restricted Industrial, LI, Limited Industrial, and GI, General Industrial Zoning, under the Provisions of Code Section 153.004(D). (US 33 /SR 161 Corridor Rezoning - Case No. 03 -123Z) Mr. Keenan introduced the ordinance. There will be a second reading /public hearing at the June 4 Council meeting. Ordinance 31 -07 Imposing a Temporary Moratorium upon any Type of Approval of All Applications for Construction of and /or modifications to Permanent Wireless Telecommunications Facilities within the Corporate Limits of the City of Dublin until Ninety Days after the Effective Date of this Ordinance, and Declaring an Emergency. Mr. Keenan introduced the ordinance. Mr. Smith stated that this action is being requested by the Legal and Planning departments. The City's cell tower regulations have not been amended for ten years and there have been a number of changes in the law. Staff is in the process of developing amendments to the City's zoning code to address these changes. Until the zoning code changes can be provided to Council in August, it is staff's opinion that it would be best for the health, safety and welfare of the citizens of Dublin that Council impose a 90 -day moratorium on permanent cell tower applications. This will not affect applications for temporary structures, such as that utilized during the Memorial Tournament. There are no pending applications. Mayor Chinnici - Zuercher inquired if the 90 days coincides with an August meeting. Mr. Smith responded that the intent is to provide the amendments to Council at their second August meeting. If something should arise in the interim that would cause a need for that timeframe to be extended, Council would be given ample notice. Mr. Keenan moved to dispense with the public hearing and pass as an emergency. Mr. McCash seconded the motion. Vote on the motion Ms. Salay, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mr. McCash, yes; Mayor Chinnici - Zuercher, yes; Mr. Keenan, yes; Vice Mayor Lecklider, yes. Vote on the Ordinance Mr. McCash, yes; Ms. Salay, yes; Mrs. Boring, yes; Mr. Reiner, yes; Vice Mayor Lecklider, yes; Mr. Keenan, yes; Mayor Chinnici - Zuercher, yes. INTRODUCTION /PUBLIC HEARING - RESOLUTIONS Resolution 29 -07 Accepting the Lowest and Best Bid for the 2007 Sanitary Sewer Lining Project and Authorizing the City Manager to Enter into a Contract for Said Services. Ms. Salay introduced the resolution. Mr. Burns stated that this project has two separate components: (1) Lining approximately 12,000 feet of sanitary sewer in the Muirfield area. This is necessary to reduce the inflow and infiltration that flow studies have determined is occurring. The existing system in that area consists of 35 -year old clay pipes, which are beginning to separate. RECORD OF PROCEEDINGS Minutes o Dublin City Council Meeting (2) Lining approximately 2,000 feet of the 36 -inch trunk sewer in Historic Dublin. This is necessary because hydrogen sulfide, a gas byproduct of decomposing sewage, has caused deterioration and weakness of the concrete pipe. There is an urgent need to reline the pipe. The estimated cost of the project was $768,075. Three bids were received. The lowest bid was submitted by Reynolds Inliner in the amount of $633,307.00. Staff recommends acceptance of their bid. Ms. Salay inquired if staff recommends approval of Alternate 1. Mr. Burns responded that it is not recommended. Mrs. Boring inquired about staffs response when they detect an illegal or unauthorized connection. Mr. Burns responded that at this point, staff is not searching for these connections. If staff identified such problems, however, they would work with the resident on a case by case basis to address the situation. Mr. Reiner stated that this is a costly project. How is this funded? Mr. Burns responded that it has been budgeted and will be paid from the Sewer Fund. Mr. Reiner inquired if adequate funds had already been set aside for the project. Mr. Burns responded that the budget amount is adequate. Vice Mayor Lecklider inquired the age of the 36 -inch pipe in Historic Dublin. Mr. Hammersmith responded that he believes the line was installed in the 1970's. Mr. Keenan inquired if the condition is expected with this age. Mr. Hammersmith responded that it is not. With low -flow toilets, the concentration of hydrogen sulfide acid has increased causing premature deterioration to the concrete pipes. The dilution level that once was typical no longer exists. That is the reason concrete pipes have been replaced with plastic pipes. Mr. Burns added that it is likely there will be future improvements made in other areas of the City. Vote on the Resolution Mr. McCash, yes; Mr. Reiner, yes; Ms. Salay, yes; Mrs. Boring, yes; Vice Mayor Lecklider, yes; Mr. Keenan, yes; Mayor Chinnici - Zuercher, yes. Resolution 30 -07 Authorizing the City Manager to Enter into a One -Year Extension of the Solid Waste Contract with Rumpke of Ohio, Inc. Mr. Keenan introduced the resolution. Mr. Burns stated that the City's contract with Rumpke for solid waste removal expires December 31, 2007. The existing agreement provides the option of extending the contract one year for two consecutive years. The City is a member of the Solid Waste Consortium. The Solid Waste Authority of Central Ohio (SWACO) provides legal services associated with consortium contract documents. As a result, the law firm of Eastman & Smith has completed negotiations with Rumpke to extend the current solid waste contract for one year at a cost of $13.98 per household per month, an increase of 12.9 %. The current 2007 price is $12.38 per household per month. The City of Worthington entered into a contract for solid waste collection and disposal services late in 2006. Worthington's 2007 cost per household per month is now $14.93. The City of Westerville opened solid waste collection and disposal bids on May 9, 2007. They received one bid ( Rumpke) at $15.90 per household per month. Therefore, staff believes that $13.98 is a fair amount and recommends approval of the extension. Mr. Burns noted two items are also important to know. First, the City is engaged in negotiations with Rumpke for a 2009 extension. No amount has been agreed upon, but the anticipation is to have that information available in approximately two months. Secondly, the other difference in the 2008 extension from the 2007 terms is that in the event tipping fees would increase, a "pass through" clause in the contract provides for the amount of the increase only to be passed on to the City. Ms. Salay inquired if most cities charge their residents a monthly fee. RECORD OF PROCEEDINGS Minutes of Dublin City Co uncil Meeting Mr. Burns responded that in the consortium, Dublin is the only city that does not charge the residents a monthly fee. Mayor Chinnici - Zuercher noted that this is another benefit provided to the residents of Dublin. Vice Mayor Lecklider stated that it appears that the new rate, an increase of 12.9 %, compares favorably to the new rates of other communities. What is the advantage of the one -year contract extension over locking in the rate on a multi -year contract? Mr. Burns responded that the 12.9% is over a period of three years; it is not a 12.9% increase in one year. The advantage to negotiating now for 2009 is to assess the market and allow Council the opportunity to decide whether the City would be better served to bid on its own or whether it should remain in the Consortium. Vice Mayor Lecklider inquired why the negotiations wouldn't be for a 2009 -2012 multi- year contract. Mr. Burns responded that at the end of 2008, there would be the option of either extending the contract with Rumpke in a negotiated process or bidding for a new three - year contract. Vice Mayor Lecklider stated that it then depends upon the negotiations and the feedback received in terms of which option would be recommended. Mr. Burns agreed. Vote on the Resolution Vice Mayor Lecklider, yes; Mr. Keenan, yes; Mr. Reiner, yes; Mrs. Boring, yes; Ms. Salay, yes; Mr. McCash, yes; Mayor Chinnici - Zuercher, yes. Resolution 31 -07 Accepting the Lowest and Best Bid for the 2007 Street Maintenance Program. Mr. Keenan introduced the Resolution. Mr. Hammersmith stated that the engineer's cost estimate for the 2007 Street Maintenance Program was $2.4 million. Five bids were received. Staff was pleased that Strawser Paving, with whom the City has contracted on many previous occasions, was the lowest/best bidder at $2,039,397.66, 15 percent below estimate. Some of the streets included in this year's program are: • Muirfield Drive -from Brand Road to Carnoustie Drive — repavement of all four lanes • Dublin Road — base restoration • Riverside Drive — repair work He noted that although ODOT's urban resurfacing program is scheduled for 2009, the road repairs cannot wait another two years. • SR 161 /Riverside Drive intersection —milled and resurfaced Also included in the program are annual roadside improvements, bikeway maintenance, connections and additions. Four new bikepath connections will be constructed: Riverside Drive from Tuller Road to Emerald Parkway; Shier Rings Road east of Eiterman Road to Baronscourt Way; Post Road west of Holt Road; and Tuller Ridge Drive near the Greystone Mews development. Also included in the budget for this program but not a part of this bid is the $150,000 for the repair of the bomanite stamped and colored concrete at several intersections. Presently, bomanite is not being used as there is concern about its long -term durability. On some of the roundabout projects under construction this year, clay pavers will be used in place of bomanite. The replacement material for intersections has not been determined. Staff recommends acceptance of the Strawser Paving bid. Mr. Reiner inquired if the intent is to replace all the bomanite that has been used in City projects. Mr. Hammersmith responded that it will be replaced in those areas that are severely scaled, for instance at Perimeter Drive and Emerald Parkway and Blazer Parkway and Rings Road. The bomanite areas that remain in good shape will be cleaned and sealed to prolong their life. Mr. Reiner inquired if that would need to be done annually. Mr. Richardson responded that the recommendation is that it be done every three years. Mr. Reiner inquired if stamped concrete material will no longer be included in street projects. Mr. Hammersmith responded that he believes that is correct. RECORD OF PROCEEDINGS Minutes of Du blin City Council Meetin May 21, 2007 Held 20 Mr. Reiner noted that a number of years ago, this issue was debated. There were some concerns about the durability of bomanite and the use of pavers was recommended. This is a problem with stamped concrete until there is a better product available. Mr. Richardson added that over the years, the process and the mix have been changed. But the City will discontinue use of additional bomanite for five years in order to verify the durability of the product. Mr. Reiner noted that if a consideration is to use European pavers, there is a significant variation in the quality of the pavers. Mr. Hammersmith responded that staff has already conducted that research and would be glad to share that information with Council. Vote on the Resolution Mayor Chinnici - Zuercher, yes; Mr. Keenan, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr. McCash, yes; Ms. Salay, yes; Vice Mayor Lecklider, yes. OTHER • St. Patrick's Day 2008 Celebrations and Grant Process Ms. DiSalvo stated that staff's memo addresses two St. Patrick's Day issues. (1) Monday. March 17 grant initiative. The objective is to change the one -day event that occurs on the Saturday nearest St. Patrick's Day to a community - wide event. The grant would consist of a 50/50 matching fund of seed money to the organizations which apply. There would be a $500 cap on the grant awards, which would be determined during the application review. The hope is that this would be a three -year seed money program. Staff requests Council's approval of $5,000 for the 2008 Grant Initiative. (2) Saturday, March 15 event This will continue some of the traditional elements that the community expects — the Lions Club pancake breakfast, the parade, the Grand Leprechaun nomination /selection, the 5K run, and a noon to 6 p.m. post parade event. Staff is currently researching establishments within Dublin as a site to host this afternoon event. The challenge is that most establishments believe the event could be larger than they could accommodate. If no space can be secured for this type of gathering, a venue would be created that could accommodate a post - parade event. The cost, however, would then be comparable to budgets in previous years for the Blarney Bash. Staff will report the results of their efforts to locate a venue within a few weeks. Mayor Chinnici - Zuercher asked for clarification regarding the noon to 6 p.m. event. Ms. DiSalvo responded that it would be a smaller size event than the Blarney Bash, and would end at 6 p.m. There would be a couple of bands, some dancers and a smaller wee folk area than was provided in previous years. There would also be beverages and food items available. Mr. Keenan stated that his previous vote on this issue reflected that he was not supportive of any changes to the existing Blarney Bash. Who will inform the community that this is a smaller event and that the venue will not be able to accommodate the crowds the event has drawn in previous years? Mayor Chinnici - Zuercher stated that staff's memo was not consistent with previous discussions. Her understanding was that in the last discussion, the City had decided not to hold any event other than the parade and the 5K run. Instead, they would grant money to Dublin establishments for music and other entertainment. Staff is now suggesting a party venue within a shorter timeframe than previous years. She understands why the hotels, who are accustomed to the event that has occurred historically, would anticipate greater crowds than they are able to accommodate. Ms. Salay stated that she recalls that Council, specifically Mrs. Boring, had requested some type of afternoon family event be continued, although not to the scale of the Blarney Bash. Mrs. Boring stated that she understood there were several options identified, and Council had chosen one of the options at the previous discussion. RECORD OF PROCEEDINGS Minutes of Dublin Cit Council Meeting Ms. Brautigam stated that is correct. Council selected Option 2, which Ms. DiSalvo has described. At the time, staff anticipated one of the area hotels would be interested in hosting a noon to 6 p.m. event; however, staff has since learned that the hotels are not interested. Consequently, staff is trying to find another venue where Option 2 could occur. Mrs. Boring believed the $5,000 was included in the Option 2 vote, which occurred at the last discussion. Mayor Chinn ici-Zuercher responded that is correct. Mrs. Boring stated that Ms. DiSalvo has requested that $5,000 be approved tonight. Is that an additional $5,000? Ms. Brautigam responded that it is the same $5,000. Mayor Chinnici - Zuercher stated that Option 2 does not relate to Monday, March 17. The discussion at that time, which Council voted on, was that the scenarios were separate, including the dates and money budgeted. Council voted on Option 2, with the understanding that the cost would be $29,500 -- with no additional cost for a post - parade event. It was Option 3, which included March 17 as an additional date, that was projected to cost $126,000. Vice Mayor Lecklider inquired if the expenses associated with Saturday, March 15, 2008 would be $29,500 minus the $5,000 community grant initiative, or $24,500. Ms. Brautigam responded that is correct, assuming a venue can be found. If not, staff would be returning to Council to authorize Option 3. Vice Mayor Lecklider stated that in Option 2, the post - parade event was budgeted at $15,000. This memo indicates that if a hotel venue could not be found, the cost of the noon to 6 p.m. event would be comparable to the cost of Blarney Bash in previous years, or $112,000. This is a very substantial increase -- from $15,000 to $112,000. Mr. Keenan stated that the issue is whether the event is held on the Saturday closest to St. Patrick's Day, which is what traditionally has occurred and what the community expects. Mayor Chinnici - Zuercher stated that when this was presented previously, it was with the message that the City no longer wanted to be in the business of providing entertainment to the community for this event. It was upon that basis that Council selected Option 2. Council was clearly told that there would be no Blarney Bash. Ms. DiSalvo responded that is correct. The post - parade event would involve something on a smaller scale, which involves the provision of food, beverages and a couple of bands, thereby ensuring that less people attend. Unfortunately, the community expects a larger destination. Mr. Keenan stated that is exactly his point. Who is going to inform the community that 60 percent of them are not welcome next year? In reality, it cannot be limited. Ms. DiSalvo responded that she has not spent marketing monies promoting St. Patrick's Day for next year. Mr. Keenan responded that promotion isn't necessary. Ms. DiSalvo agreed that is true. The public calls more about this event than any other, from all over the nation and beyond, inquiring what is happening in Dublin, Ohio on St. Patrick's Day. Staff has not yet exhausted the possible venues that might be willing to host a smaller post - parade event. Mr. Keenan stated that as the Mayor has pointed out, the original concept was that there would be something in Dublin happening on St. Patrick's Day, whether it be on a Tuesday, Wednesday or Thursday -- a venue with a little music at some of the restaurants, etc. The Saturday Blarney Bash appealed to everyone. It seems that the City is beginning to enter into the business of subsidizing the restaurants in numerous ways. He does not understand the need to change something embraced by the community such as the Blarney Bash. Mrs. Boring stated that there is now an opportunity for another entity within the City to host the event. In earlier years, a similar event was sponsored by the Chamber and then the City became involved. Mr. Keenan noted that no other entity has stepped up to do that. Mayor Chin nici-Zuercher noted that only the City has the funds to do this at a cost of $120,000. That is why the City took over responsibility for the event and began to build upon it. RECORD OF PROCEEDINGS Dublin City Council Held 20 Mr. Keenan stated that the same has occurred with the Irish Festival. It began with a small group and then became a City event. Mr. Reiner stated that he recalls the discussion as the Mayor has indicated. If no venue is found, is Plan B to relocate the event to the Historic District and stimulate some business there for the day? Ms. DiSalvo responded that, as stated earlier, if no venue is found, the City could create a venue. That remains as an option. Mr. Reiner stated that he had understood that the event could be moved downtown. Ms. DiSalvo responded that creating a venue in March would involve the expense of erecting a tent. Ms. Salay agreed. It would not be possible to have an open -air celebration in Dublin, Ohio in March. At this point, Council has given staff the direction to change the focus of St. Patrick's Day, particularly in a year when March 17 is not on a Saturday. To revisit that question now is counter- productive. Staff has requested approval of the $5,000 in seed money for the March 17 grant initiative. Staff will also return in a couple of weeks with a report regarding their success in securing a venue. Vice Mayor Lecklider stated that he does not want staff to proceed too far in the direction of shifting to Option 3 -- a $112,000 expenditure. He is concerned that if that possibility exists, the private sector would be unlikely to take on the event. Ms. DiSalvo responded that the only funding staff is seeking at this time is the $5,000 for the grant initiative. Vice Mayor Lecklider noted that the memo states, "If we are unable to secure an existing gathering space, Community Relations will create an event venue that will accommodate a post - parade event. The cost of this would be comparable to budgets for previous years for the Blarney Bash." Ms. DiSalvo responded that perhaps the memo should have indicated "could" create an event venue. Mayor Chinnici - Zuercher stated that the Council's previous vote approved $29,000 in funding with no expectation that another venue might be created that could cost another $100,000. Ms. DiSalvo responded that staff is hopeful of funding a suitable venue. Mayor Chin nici-Zuercher stated that Vice Mayor Lecklider's point is that Council will not approve funding for the creation of an event venue, as described in the staff report. Ms. Salay pointed out that the Blarney Bash has become more spectacular every year to the point that Council indicated the growth of the event needed to stop. Then, staff stated that they believed the City should no longer hold the event when St. Patrick's Day did not fall on a Friday or Saturday. The first and perhaps second year after its discontinuation may be difficult, as some people may have an expectation it will occur. However, if marketed properly, the focus will be away from the Blarney Bash and on a family event that is small in scale. Ms. DiSalvo confirmed that staff will take the next few weeks to continue to search for a venue. Mayor Chinnici - Zuercher stated that she remains concerned about one initiative that staff is now promoting, both in this venue and in one Council will hear about from the Finance Committee — that of subsidizing the private sector to have entertainment in the community. Many of the restaurants already provide entertainment without a City subsidy, and she does not understand why staff is now promoting the use of tax dollars to pay for entertainment costs for the private sector. Ms. DiSalvo responded that staff would like to establish the "Irish is an Attitude" theme and brand in the minds of the public. The seed money was for three years, and then to be phased out. Mr. Reiner stated that he agrees with the Mayor on this issue. If the City wants to fund a festive atmosphere downtown, it should be located in a general area, not directed toward the private restaurants. This funding will replace what businesses are now RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting May 21, 2007 Page 19 paying for themselves. The result is that the City will be subsidizing private businesses with the taxpayers' money, which the government should not be doing. Mayor Chinnici - Zuercher summarized that Community Relations will report back to Council on the success of their efforts to secure a venue for the Saturday, March 15, 2008 event. Mr. Keenan inquired if there is a separate request for approval of the grant initiative, or has that been approved previously? Mayor Chinnici - Zuercher responded that Council has already approved the Option 2 at $29,000 which includes the $5,000 for the grant initiative. • Appointment of Acting Clerk of Council Mayor Chinnici - Zuercher noted that Ms. Clarke will be attending a conference out -of- state tomorrow through Saturday, and she has requested that Deputy Clerk of Council, Judy Beal, be appointed Acting Clerk of Council for that period of time. Ms. Salay moved to appoint Ms. Beal as Acting Clerk of Council from May 22 -25. Mr. Reiner seconded the motion. Vote on the motion Ms. Salay, yes; Vice Mayor Lecklider, yes; Mr. McCash, yes; Mrs. Boring, yes; Mayor Chinnici - Zuercher, yes; Mr. Reiner, yes; Mr. Keenan, yes. STAFF COMMENTS • Amendment to Chapter 33 (Personnel Policies), Section 33.04 (Classified and Unclassified Service) of the Dublin Codified Ordinances Mr. Harding stated that a memo was provided to Council in accordance with an amendment procedure provided for by City Code. The Code provides for proposed amendments to this section to be reported to Council. If Council takes no action or makes no changes to the proposed amendments within 30 days, those amendments would become effective. The purpose of the proposed amendments is for clean -up of the job classification titles that are included in that section of the Code. Attached to the memo is Exhibit 'A" which lists the proposed changes. The memo provides a brief explanation of the term "unclassified" status. It is synonymous with at -will employment. There are certain positions within the organization that serve in a fiduciary capacity or a position of trust and confidence. Those individuals serving in that capacity may be dismissed at any time without appeal rights. Most of the positions on this list are director level positions, and there are a few key manager positions included due to the fact that they serve in a fiduciary capacity. The recent implementation of the new class and compensation system and the recently approved organization realignment highlighted the need to clean up this particular section of the Code. The purpose of the amendments is to provide a listing of unclassified job positions in the Code that is consistent with the compensation plan. There were no objections expressed by Council at this time. COUNCIL COMMITTEE REPORTS /COUNCIL ROUNDTABLE • Finance Committee Recommendation re Hotel /Motel Tax Grant Applications Mr. Keenan, Finance Committee Chair, reported that the Committee met on May 8 and reviewed the hotel /motel tax grant applications and recommends the following grant awards: • Dublin Teen Institute - the cost of City services not to exceed $1,500; an additional $1,500 to support the mission of the Teen Institute • DYA Memorial Baseball Tournament — the cost of City services not to exceed $2,700 • DYA 2007 USSSA World Series — the cost of City services not to exceed $3,500 • Emerald City Players — no award as they have an alternative funding source in the Dublin Arts Council, which already receives funding through the hotel /motel tax revenue • Kiwanis Frog Jump - actual cost of City services not to exceed $3,000 • Ohio AAU Track & Field Championships - $5,780 for cost of field rental, with direction that a 50/50 partnership be pursued with Dublin Schools He noted that the Ohio AAU application to bring this to Dublin met all the requirements RECORD OF PROCEEDINGS Minutes of Me eting May 21, 2007 Page 20 completely. He noted that the school partnership component may not occur. He has had some discussion with the Schools. They do not believe this event meets the criteria of the existing agreement for City use of the school fields. • Ohio Wildlife Center - $28,194 for first floor renovations with a stipulation for use of the City's name The Committee also reviewed a grant application from Historic Dublin Business Association (HDBA) earlier this evening for a marketing /branding program and an ongoing event in the Historic District called Slainte Thursday. This event and program will help invigorate Historic Dublin. The request was for $25,000. The Committee's recommendation is to award the $20,000 portion of the hotel /motel tax funds that has been set aside for Historic Dublin. Mrs. Boring commented that if the full amount set aside for the Historic District is awarded, there will be nothing left for other events that come forward. Mr. Keenan stated that the Committee discussed that with Mr. Picciano. They are aware of that. Mrs. Boring inquired if the Historic District used all of the $20,000 set aside for the District last year. Ms. Grigsby responded that an allocation for the District has been set aside for the past two years. The full amount was not used either year. Mrs. Boring inquired if the full $25,000 could have been granted if the $5,000 unused the previous year were to be included. Mr. Keenan stated that they were unable to do that, as there is not a carryover of these funds. Only $20,000 is available for this purpose. Vice Mayor Lecklider noted that it was also noted in the Finance Committee meeting that, theoretically, the full $20,000 may not be spent for this program. Mayor Chinnici - Zuercher stated that the $10,000 for concept development was to develop a brand for Slainte Thursday. It should be possible to obtain that for less than $10,000. Mr. Keenan moved to approve the recommendations of the Finance Committee. Vice Mayor Lecklider seconded the motion. Vote on the motion Mrs. Boring, yes; Mr. McCash, yes; Mayor Chinnici- Zuercher, yes; Mr. Reiner, yes; Mr. Keenan, yes; Vice Mayor Lecklider, yes; Ms. Salay, yes. COUNCIL COMMITTEE REPORTS /COUNCIL ROUNDTABLE Mr. McCash: 1. Inquired about the installation date for the landscaping on Tara Hill Drive. Mr. Hammersmith stated that the intent is to complete it before the Tournament, if possible. 2. Stated that the City has a continuing problem with the same group of people with repeat violations of the zoning code. Would it be possible to have a progressive penalty for zoning violations? Ms. Brautigam responded that under the City's Code, it is a separate offense for each day a violation occurs. What the City may need to do is to prosecute them and hold them to the penalty for each day the violation occurs. Mr. McCash stated that Sycamore Ridge is one example of this occurrence, but recurring violations are also present in other areas of the City. The residents are frustrated. Ms. Brautigam suggested that staff work with Mr. Jones to identify the problem cases, and a plan can be developed for prosecuting them. Ms. Salay agreed that would be appropriate. 3. Stated that he sent Mr. Smith an email a couple of weeks ago about a property along the Golf Club of Dublin near Hole 7. There are private property items which appear to be on the golf course property. The resident has verbally abused several golfers, as he believes all of the land up to the pond is his. The Golf Club of Dublin and numerous golfers have complained about this individual. This situation needs to be addressed. Mr. Smith responded that his office will look into the situation immediately. Mr. McCash stated that he is bringing it up in a Council meeting because several golfers RECORD OF PROCEEDINGS Minutes of Dublin City Cou have had confrontations with the resident, and he has actually witnessed this twice. Mrs. Boring 1. Stated that she was privileged to witness the opening of the tunnel under Brand Road last week with Ms. Martin. Ms. Martin has been invited to design a tile for the tunnel on behalf of the City. 2. Stated that she attended the Seniors recognition luncheon this past week. It was a very nice event and open to any senior, not only to members of the Senior Center. 3. Stated that Ms. Gilger shouldered a lot of responsibility in the past 18 months. The City will miss her. She congratulated her on a job well done. Mr. Keenan 1. Stated that the City will host a meeting of the U.S. 33 Executive Committee tomorrow evening at 6 p.m. in Council Chambers. 2. Referred to the discussion about the high school field. He understood that in exchange for the City's financial contributions for the turf installation, the City has access to the high school stadium for July 4 In addition, all three stadiums are available to the City to collect gate and have use of for any events subject to two conditions: (1) that any other scheduled events would take priority, and (2) that no dates would be scheduled that could present a conflict for the Schools. There is no limit on the number of times the stadiums could be used. He is not certain staff is aware of this agreement, as he can recall no occasions when the City has taken advantage of that opportunity. When he discussed the possibility of a City /Schools joint share of the cost of the field rental for the Ohio AAU Track & Field Championships, he discovered this information. But because the event is not a City - sponsored event, it did not meet the criteria. Mr. McCash inquired who Mr. Keenan spoke with regarding this arrangement. Mr. Keenan responded that he spoke with Mr. Mohr. Ms. Grigsby responded that staff would need to research this. Her recollection is that the field was to be available for the July 4`" events and that any other recreational programming opportunities would be considered, but not events. Mr. Keenan stated that Mr. Mohr was very specific about the fact that the City would retain the gate proceeds, etc. Ms. Salay stated that she recalls that the Schools specifically wanted the upgrades to the fields to enhance their ability to host events. Mr. Keenan responded that they are doing so and charging gate admission for it. They are also paying someone to identify more opportunities for field use. The Schools generated over $100,000 last year in gate opportunities. Ms. Grigsby will research this and report back to Council. Ms. Salay inquired if the School Board would be approachable regarding the Ohio AAU Track & Field Championships event, on the basis that it benefits the City. Mr. Keenan stated that it is not a City- sponsored event, therefore does not meet the guidelines. For the Schools, it was a precedent issue. If the Schools make an exception for this event, it could impact their ability to charge for other similar events. Ms. Salay 1. Inquired about the condition of the Post Road barn. It appears to be deteriorating, and that structure was to be a centerpiece of the Coffman Park expansion. What are staffs plans to preserve it? Mr. Hahn responded that Facilities is bringing in someone to conduct an analysis of the beams in that structure. There is evidence of some type of borer. If so, staff may be reporting back that the barn is beyond salvage. 2. Thanked staff for the report on the CT scans. Those have been marketed very heavily. The information was very useful. Vice Mayor Lecklider 1. Stated that on behalf of City Council, he had the privilege of attending the City's recognition of National Police Week, honoring law enforcement RECORD OF PROCEEDINGS Minutes of Dublin City _Coun Meeting May 21, 2007 Page 22 professionals who have lost their lives in the line of duty. The sister of Columbus Police Officer Claypool gave a very moving speech. For those who may not have noticed, there is a pillar on the left side of the Justice Center entrance on which names of law enforcement officers who have lost their lives in the line of duty from Franklin, Delaware and Union counties have been inscribed. 2. Stated that on Saturday, he represented Council at the Kids Day International event at the Coffman Park Pavilion. There was an emphasis on personal health, safety and environmental awareness for children. 3. Attended the Bike Rodeo hosted by the Dublin Police Department at the Justice Center. Although the day was gray, there was a good turnout for the event and the children appeared to enjoy the event. Mayor Chinnici - Zuercher: 1. Stated that last Friday night, Vice Mayor Lecklider, Council Member Keenan and she attended the Bruce Hornsby concert hosted by the Memorial Tournament on behalf of Children's Hospital. It was a very nice venue at Digger & Finch, and was very well attended. As a result of the event, a donation of $75,000 will be given to Children's Hospital on behalf of the Tournament. 2. Stated that she also attended "A Taste of Dublin" last Tuesday night. It was also very well attended, with over 1,100 tickets sold. The Chamber is doing an excellent job in promoting these small businesses. EXECUTIVE SESSION Mayor Chin nici-Zuercher moved to adjourn to executive session at 10 p.m. for discussion of land acquisition, legal and personnel matters. Ms. Salay seconded the motion. Mayor Chinnici - Zuercher announced that the meeting will be reconvened following the executive session only for the purpose of formally adjourning. Vote on the motion: Ms. Salay, yes; Vice Mayor Lecklider, yes; Mr. Reiner, yes; Mr. Keenan, yes; Mayor Chinnici - Zuercher, yes; Mr. McCash, yes; Mrs. Boring, yes. ADJOURNMENT The meeting was reconvened and formally adjourned at 11:30 p.m. r, Mayor — Presiding Officer - � Q-e� Clerk of Council