Meeting Minutes. City Council

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1 Meeting Minutes Monday, March 19, 2012 ~ 7:30 P.M. Worthington Municipal Building The John P. Coleman Council Chamber 6550 North High Street Worthington, Ohio City Council Louis J. R. Goorey, President Bonnie D. Michael, President Pro-Tem Robert F. Chosy Joseph C.W. Davis Rachel R. Dorothy W. Scott Myers Douglas K. Smith D. Kay Thress, Clerk of Council

2 CALL TO ORDER Roll Call, Pledge of Allegiance Worthington City Council met in Regular Session on Monday, March 19, 2012, in the John P. Coleman Council Chambers of City Hall, 6550 North High Street, Worthington, Ohio. President Goorey called the meeting to order at or about 7:30 P.M. Members Present: Robert F. Chosy, Rachael R. Dorothy, Bonnie D. Michael, W. Scott Myers, Douglas K. Smith and Louis J. R. Goorey Members Absent: Joseph C.W. Davis Also present: City Clerk, City Manager, Director of Law, Assistant City Manager, Finance Director, City Engineer, Director of Public Services, Director of Parks and Recreation, Chief of Police, and Chief of Fire. There were nineteen visitors present. President Goorey invited everyone to join in the Pledge of Allegiance. President Goorey requested a change to the Agenda. He asked that the Special Presentation be moved to the beginning of the meeting. Members agreed to the change. SPECIAL PRESENTATION Good Neighbor Awards Dr. Goorey invited Mikel Coulter to the podium to make the presentations. Mr. Coulter commented that he is Chair of the Community Relations Commission. One of his favorite things to do as Chair is to announce the Good Neighbor Awards. This is an annual award that is given to citizens in the city of Worthington for something that they have done throughout the entire year. This year the committee selected two winners of the award. He introduced two other members of the Commission who were present, Sandy Byers and Shawn Hamzee. Mr. Coulter invited Dave and Lynn Weinle to join him at the podium. The Weinles were nominated by Suzanne Kaszar. He invited Ms. Kaszar to join them as well. Mr. Coulter read Resolution No in its entirety and presented a certified copy to the Weinles. Dr. Goorey commented that council needed to adopt the Resolution to make everything official. City of Worthington Meeting 12-2

3 Resolution No To Congratulate Lynn and Dave Weinle on Their Recognition as the Recipients of the 2011 Good Neighbor Award from the Worthington Community Relations Commission. Introduced by Ms. Michael. Motion Dr. Chosy made a motion to adopt Resolution No Mr. Myers seconded the motion. The motion to adopt Resolution No passed unanimously and is recorded in full in the appropriate record book. Ms. Kaszar commented that life has been a struggle for her over the last five years. She could not have gone through two bone marrow transplants without the Weinles. They were there all the time and they became her family during that time. When she saw this award she thought if they don t deserve it, nobody does. She thanked them for always being there. She really loves them. Resolution No To Congratulate Darnell Perkins on His Recognition as the Recipient of the 2011 Good Neighbor Award from the Worthington Community Relations Commission. Introduced by Mr. Smith. Motion Ms. Dorothy made a motion to adopt Resolution No Ms. Michael seconded the motion. The motion to adopt Resolution No passed unanimously and is recorded in full in the appropriate record book. Mr. Coulter invited Mr. Perkins forward and the resident who nominated him for this award, Jay Harmeyer. He read the resolution in its entirety and presented a certified copy to Mr. Perkins. Mr. Perkins thanked Mr. Harmeyer for the nomination and his wife for her support. He said that it is truly humbling and it is such a privilege to be here. This is a community of such giving people and there are so many that go unrecognized. This award is for all of those who do all the good things and do not receive recognition. VISITOR COMMENTS President Goorey acknowledged several Thomas Worthington High School students who were present. He was told that they are attending as a requirement for a government class. He encouraged them to ask questions when needed. City of Worthington Meeting 12-3

4 Judy Haager, 306 E. New England Ave. Ms. Haager commented that while walking in her neighborhood the other day she noticed a blue dot on two of her trees. She also noticed blue dots on her neighbor s trees. She then read an article in This Week in Worthington that reported that the blue dots mean that tree trimmers were coming to trim those trees. She did not talk with the tree trimmers when they arrived at her house although she very much wanted to. She figured they were professionals and knew what they were doing. Unfortunately they left trimmings in the yard, on the driveway and even in the tree. In the future she will talk with the trimmers about leaving the area as they find it. Ms. Haager also reported that in the Worthington News there was an article about the city not being able to save trees along High Street. She then began to wonder about trees other than those in her own yard as she read the article about the overzealous trimming of trees and that it appears that the trees will not be able to be saved. She wants council to know that she does not favor the city planting trees, then having AEP trimming the trees, and Worthington removing trees only to have staff plant more trees. There has got to be another solution. She asked, What have we learned? She would like to say to stop the cycle is what was learned. There should also be a discussion with the tree trimmers. Staff is skilled and educated. There is also arborist on staff so let s get those groups together to talk about the expectations of trimming the trees and break the cycle of plant, trim, remove, and plant. Ms. Haager commented that the article also mentioned planting short trees. She favors size variation but doesn t favor only short trees. She thinks there needs to be a plan to outline where the various size trees should be located in relation to the curb. Taller trees should be moved further back away from the power lines. Another solution would be underground wiring. Dr. Goorey asked if more than one entity is trimming trees or are they all from the electric company. Mr. Greeson replied that most recently a subcontractor of American Electric Power (AEP) has been trimming the lines and the overgrowth along the electric lines. The trees are in their easements and it effects electric liability. The city also trims trees in the right-of-way so he questions whether it was the city or AEP. Mr. Groth commented that the blue dot indicates that the work is done by the AEP contractor. Ms. Michael informed Ms. Haager that underground wiring has been discussed numerous times and members understand that the work is too expensive. Underground wiring would be good for the electricity and for the aesthetics in the neighborhood. She reported also receiving calls from several residents who were very upset about the way the trees were trimmed. Ms. Haager thinks the trees look like some kind of weird sculpture after being trim although she understands the reason for the work. She thinks there needs to be a far reaching look at how that is handled. She thanked council for the opportunity to speak. City of Worthington Meeting 12-4

5 APPROVAL OF MINUTES March 5, 2012 Special Meeting March 5, 2012 Regular Meeting Motion Mr. Myers made a motion to approve the aforementioned minutes. Mr. Smith seconded the motion. There being no additions or corrections, the motion carried unanimously by a voice vote. PUBLIC HEARINGS ON LEGISLATION President Goorey declared public hearings and voting on legislation previously introduced to be in order. Ordinance No Approving the Construction of a Concrete Paver Sidewalk Along the South Lot Line of the Southeast Quadrant of the Village Green. Mr. Greeson asked Mr. Watterson to overview this item. The foregoing Ordinance Title was read. City Engineer, William Watterson commented that the recent addition to Worthington Jewelers was constructed just south of the south right-of-way line of Village Green Dr. South. An embankment with a limestone retaining wall existed in that location to adjust the grade of the embankment to an existing sidewalk. The owner was given a permit to temporary remove the limestone wall and embankment to allow excavation for the footings of the building. That work is now complete and the owner has requested approval to install a concrete paver sidewalk instead of the embankment and limestone retaining wall. The proposal is for a 4 x 8 concrete paver sidewalk that match the specifications of the Central Business Streetscape improvements. The majority of that work will be on the north side of the right-of-way line, which is the Village Green and means that City Council approval is required for any new hard surface ground material constructed on the Village Green. A memo was included in Council packets that show a location map with an approximate right-of-way line as well as a photograph with the existing condition. Mrs. Michael commented that this appears to be a really well thought out project. She thinks this is absolutely needed and will make a cleaner, crisper appearance. The pavers along there will also make it safer for public walking. It also opens the opportunity for this space to be used as part of the Farmer s Market. She shared that she received a letter from OWBA today stating that they stronger support this change partly because it would allow additional space for vendors. It would also be great for the festivals that are held on the Village Green. City of Worthington Meeting 12-5

6 Ms. Dorothy agrees that it will allow more usable space. Since this space will be a hard surface instead of grass, she wondered if there was any worry about increased run off or water issues. Mr. Watterson replied that there is sufficient fall to the west to drain this area to the street curb. The paving area is really minimal compared to the other hard surfaces that are there. He doesn t believe there will be any impact. Mr. Myers apologized for not walking this area prior to tonight s meeting but from the photograph there appears to be an existing planter. He asked if that stays. Mr. Watterson replied yes. Mr. Myers commented that it looks to be in some disrepair. He asked if it was and whether it would be repaired as part of this project or will the city make the repairs. Mr. Watterson stated he doesn t know the current condition of the planter but he believes that the required repair would be fairly minor. He told Mr. Myers that the city is responsible for maintaining the planter. Dr. Chosy asked what would happen if council does not approve this plan. Would another retaining wall be constructed directly on the other side of the sidewalk? Mr. Watterson replied yes. Peter MacRae, 74 Orchard Dr. Mr. MacRae stated that he appreciates the presentation of the proposed design that has already been enumerated by Mr. Watterson. He is an architect for the project. He doesn t have anything to add but is available to answer questions. Bob Capace, 3953 Kul Circle South, Hilliard, OH, co-owner of Worthington Jewelers Mr. Capace commented that he would share on behalf of the Jewelers. This change will provide a clean look. They think it is the most efficient way to get this done and provide great continuity. They are excited to have this project completed. He agreed with Mrs. Michael s comment about safety and the farmer s market. Ms. Dorothy asked Mr. MacRae the type of maintenance that would be required. Mr. MacRae hopes that it would be clear to everyone that the amount of money required to maintain a simple concrete sidewalk would be much less expensive than putting the time into maintaining a very shallow lawn space and/or a planted area. Both of those would require significant additional funds to maintain than the proposed solution. Peter Lenz, 515 Hartford St. Mr. Lenz had no additional comments. Dr. Chosy asked how high up the ground will go onto the building. Mr. MacRae replied that the earth will be roughly the same grade that is currently rough graded. What members see in place now is going to be the approximate grade once the pavers are put in. It will just follow the slope of the sidewalk. City of Worthington Meeting 12-6

7 Dr. Chosy asked the height if the proposal is turned down by council. Mr. MacRae replied that it will virtually cover the beautiful stone base that just got constructed beneath the addition, which we believe would be unfortunate. We think the stone foundation is a beautiful part of the building. The wall that used to be there was approximately high and was too small to sit on. At Dr. Goorey s request and for the benefit of the students who were present, Mr. Minister explained voting on public hearing items and the special conditions that pertain to issues on the Village Green. There being no additional comments, the Clerk called the roll on the passage of Ordinance No The motion carried by the following vote: Yes 6 Dorothy, Smith, Myers, Chosy, Michael and Goorey No 0 Ordinance No was thereupon declared duly passed and is recorded in full in the appropriate record book. REPORTS OF CITY OFFICIALS Information Item(s) Mr. Greeson introduced Chief Mosic and invited him to share with council several outreach initiatives that his department is working on. Police Division Community Outreach Initiatives Chief Mosic thanked Mr. Greeson for the opportunity. He commented that Sir Robert Peele is known as the father of modern policing. He shared the following information: Sir Robert Peele Police, at all times, should maintain a relationship with the public that gives reality to the historic tradition that the police are the public and the public are the police; the police being only members of the public who are paid to give full-time attention to duties which are incumbent upon every citizen in the interests of community welfare and existence. Chief Mosic commented that it is good to educate and then mobilize. One of the first programs that the department initiated is the SALT Program. SALT (Seniors and Law Enforcement Together) National program that began as a cooperative effort in 1988 City of Worthington Meeting 12-7

8 National Sheriff s Association, International Chiefs of Police and the American Association of Retired Persons. Our program began in June of 2011 Cooperative effort between the Division of Police, Griswold Center, Perry and Sharon Township Police, Franklin County Sheriff s Office and Division of Fire. SALT Mission Worthington SALT is created to undertake all lawful activities and projects that promote the safety, security, welfare, comfort, and educational and recreational opportunities of seniors with the goal of making the Worthington Area more livable for a lifetime. Coordinated by Officer Kirk Allton and Colleen Light. Governed by a board of volunteers SALT PROGRAMS Chief Mosic reported that the Governing Board developed three programs to begin with. They are as follows: 1) Senior Housing Inspection Program. S.H.I.P SHIP is a voluntary service that provides free home safety assessment to identify features in a home that might make your residence susceptible to burglaries, fires, or injuries due to falls. 2) Kindcall Program Volunteers will call on seniors to make sure they are OK. Chief Mosic reported that personal calls would replace the impersonal computer call that the department use to use. 3) Blockwatch Programs Identify seniors in the neighborhood and provide timely crime information. SALT Website. WorthingtonSALT.org SALT Survey Areas of concern Chief Mosic shared that 800 surveys were mailed out when the program began in an effort to identify the needs of the seniors in the community and 288 surveys were returned. Crime Physical Independence Household Management Community Services In-Home Services Chief Mosic added that the Police Department website contains a list of partners, both private and public entities that have partnered with them for the SALT program. City of Worthington Meeting 12-8

9 DRUG SAFE WORTHINGTON Began in response to an increase in heroin overdoses and the growing opiate addiction. Cooperative effort between Division of Police, Worthington Schools, Local Businesses and the community. Coordinated by Officer Shawn Dysert Meant to provide a resource to the community as well as an educational component Kick off Campaign was Friday March 16 th at the McConnell Arts Center Based on a book, A Turmoil Called Home by Galen Cooper PHD Chief Mosic shared that the group brought Dr. Cooper to Worthington and she put on a one woman show Friday night at the MAC that was sold out. Her show shared her battle with her son who was addicted to heroin and how it affected their life. Then on Saturday they held a work group with her and Mike Powell from Franklin County Sheriff s office about drug use. It was a great event. Currently developing mission and vision statements ZONE OFFICER PROGRAM Chief Mosic commented that this program will roll out at the end of this month. The city is currently divided into 13 zones for patrol activities. Each officer assigned to 1 st and 2 nd shift will be assigned a zone as a primary point of contact. Update security sheets Identify community policing projects Identification/distribution of crime pattern information After care response to reports of property crimes City of Worthington Meeting 12-9

10 Chief Mosic commented that the assigned officer will check back with the resident the following day or so to see if there is any additional information they wish to share before the detectives take over the case. This is an effort for the officers to make sure the residents are okay. BLOCK WATCH PROGRAM Neighborhood watch is neighbors watching out for neighbors Most effective and least costly ways to prevent crime and reduce fear Neighbors forge bonds with one another Improved communication with police Community empowerment Information is delivered quickly and rumors are quashed Effort is coordinated by Officer Tammy Floyd CITIZEN S ACADEMY ALUMNI ASSOCIATION Chief Mosic commented that there have been seven graduations of the Citizen s Academy and the graduates want to be more involved so they developed an Alumni Association. To support the activities of the Worthington Division of Police To serve as a liaison between the citizens of Worthington and the Division of Police To recognize the contributions of the officers and to provide support in times of need To support the activities of the National Citizens Police Academy Association Chief Mosic added that the Association is in the process of writing its by-laws and mission and vision statements. That effort is also being coordinated by Officer Floyd. Mr. Myers asked if the ZONE Program would be communicated with the neighborhood. He thinks that it makes sense that the officer could participate in Block Watch or could reach out to those neighborhoods. Chief Mosic commented that the information will be posted on their website. There will also be a press release and the officers will then make the rounds. Ms. Michael agreed that the information should be shared with the Block Watch network. Dr. Chosy thinks it would be beneficial if seniors could receive a list of safe contractors. Chief Mosic reported that this is the first type of this program in Franklin County. The group wants to get these three programs up and running well before adding additional activities. Ms. Michael would like to see the zone officer information run through the block watch because it is free and works really well. Chief Mosic agreed. He added that each week he sends the information to Ms. Dorothy and Jennifer Silliman and they distribute City of Worthington Meeting 12-10

11 the information through their network. We are trying to build on that and create additional networks. Mr. Myers went back to the SALT program and asked if the department has coordinated with Leadership Worthington on Service Day since most of the people served during Service Day are the people that SALT would be attracted to. Chief Mosic shared that members of Leadership Worthington attend SALT meetings. Members continued to discuss the Police community programs. Dr. Goorey commented that several times a year people will come by his house wanting to trim trees. He asked if there were any requirements for vendors. Chief Mosic replied that permits are required for vendors. There have been situations with tree trimmers and home repair individuals that prey on the elderly. Educating seniors on those types of scams is part of our program. Dr. Chosy commented that he would like to see that go further. Ms. Michael thinks the programs are wonderful. Chief Mosic added that the department has received a great deal of support from the community and meetings have been well attended. Ms. Dorothy on behalf of the Colonial Hills Civic Association reported that they have had a great deal of positive interaction with the department and they look forward to continue working with staff. Mr. Greeson said he would like to go over the drop-in items that members received in their agenda packets. Income Tax Update February Mr. Greeson encouraged members to contact Molly Roberts with any questions. Staff will review the First Quarter Report with members when it becomes available. Dr. Goorey commented that this is the time of year that members begin hearing about rebates and refunds. He asked if there has been much activity on such items. Ms. Roberts replied that there has not been much activity so far this year. Memo Parking in Rear of Property Mr. Greeson commented that a resident attended a recent meeting and distributed some pictures related to a situation next door to her house. She asked staff to review the City s regulations as they relate to parking of vehicles on private property and in residential districts particularly as it relates to parking in the rear yard. At council s request, Mr. Watterson and his staff followed up on that issue and provided a memo to council on their findings. He asked Mr. Watterson to comment briefly. He added that ultimately staff looks to council for further direction on the issue. City of Worthington Meeting 12-11

12 Mr. Watterson shared that the Ordinances of the City of Worthington concerning parking in residential areas are listed in the memo. Essentially the ordinances require that cars parked in the front setback of a residential property be parked on a paved surface. That prevents someone from parking in the grass in front of their home but permits parking vehicles on a driveway surface. The ordinances do not prohibit parking in the side yards or rear yards of the property and do not require that the location where the vehicles are parked be paved. The ordinances do require parking areas for all districts for more than five vehicles be paved. It doesn t respond to the issue if for a few times a year you have six vehicles parked in the rear yard. Mr. Watterson stated that another issue that comes up when looking at this is that recreational vehicles, including motorized RVs are permitted to be stored in outside of the rear yard setback or the side yard setback. Staff researched a number of other central Ohio suburban ordinances and found that the regulations vary considerably. Some require parking on a hard surface. In general, most cities permit parking in rear yards. Dr. Chosy asked for particulars about this situation. Mr. Watterson replied that the house where the complaint originated does not have a garage. It has a one car driveway that extends from Dublin-Granville Road along beside the house with a yard behind that. Ms. Michael added that they park a number of cars in the grass. Mr. Watterson clarified for Dr. Chosy that it is his understanding that the cars are not parked in the front setback. Mr. Greeson thinks the issue is that the driveway is one lane and the vehicle needs to be turned around in the rear yard in order to go out head first onto Dublin-Granville versus backing onto Dublin-Granville. Ms. Michael noted that most of the other suburban areas do not prohibit this but they require hard surfaces. Ms. Dorothy agreed that eight out of ten require a hard surface. Ms. Michael wonders if staff should be looking at requiring the same. Ms. Dorothy asked when the five vehicle section of the code was enacted. Mr. Watterson replied that it has been a long time. That section of code speaks to constructing a parking area. It wasn t clear if that meant you couldn t park more than five cars but if you were constructing a parking area for more than five cars it required a hard surface. Mr. Greeson thinks it is important to note from the second page, if council does consider changes to this section there are a couple of factors. He is not aware of many complaints on this issue. He thinks that was the only one in recent memory. Mr. Watterson agreed as it pertains to rear yards. Staff does receive complaints from time to time about people parking on the grass in the front. Mr. Greeson added if this topic is further reviewed it really triggers the issue related to boats, recreational vehicles, utility trailers, etc. because they are all tie together. He City of Worthington Meeting 12-12

13 thinks Mr. Watterson raised an interesting point of the motor homes parked in the rear yard. The question is whether it is parked or stored because it is allowed to be stored in the rear yard. Ms. Michael added that it also states that it is permitted to be stored in residential districts but may not be located in the front, rear, or side setback. If it is not in the side yard setback, could it be stored at the side of someone s property? Mr. Watterson agreed that it cannot be stored in the side yard setback. Mr. Myers shared his concern about the hard surface requirement is that it still doesn t stop the cracks. It just means that we are going to pave over grass. He doesn t know that requiring a hard surface does anything but eliminate grass. Mr. Greeson commented that staff wanted to bring this information to council s attention because we believe we have completed the initial level of work that council requested. Ultimately staff needs some direction. That decision doesn t need to occur tonight if members are not prepared. Dr. Chosy asked if changes would need to be voted on by the public. Mr. Minister replied no. It would not be a change to the Charter but rather the Codified Ordinances. Mr. Myers commented that it was his understanding that code chapters were on a review schedule by a standing code review committee. He thinks that is an appropriate move in this case. Mr. Greeson thinks the committee convenes as needed. Mr. Watterson stated the review committee is an ad hoc committee although it did meet regularly for a time period when there were some specific issues. Mr. Myers thought that was the case. His concern about this issue is as Mr. Watterson shared, when we talk about RV s being stored or parked, there may be more layers to this topic than just parking cars in the backyard. If we try to correct the parking of cars in the backyard issue without addressing pavement, setbacks, RVs and storage and parking, and how we define all of that, there may be some unintended consequences that we are not thinking about. He would be remiss to bring this single issue up now. He would like to see it referred. He would also like for council to consider possibly establishing some uniform system of reviewing. He knows that Lynda Bitar keeps track of issues as they come up. It makes sense to him to review chapters on a regular basis. He would like to see this topic referred to a committee. Ms. Michael agreed with having the topic referred to a committee and then bringing its recommendations back to council for consideration. Mr. Greeson thinks that would be an appropriate action. He doesn t know if they will come back with any recommendation on the issue. Mr. Myers stated that would be fine. Mr. Greeson asked Mr. Watterson if he thinks the Code Review Committee is an appropriate place for this issue. Mr. Watterson thinks there are a number of issues that need to be considered before any changes are made. He thinks the Code Review Committee is appropriate. He added that part of that discussion needs to be how this gets enforced. The complaint had to do with parking for Farmer s Market. Typically we do City of Worthington Meeting 12-13

14 not have staff that would enforce zoning ordinances working those days. Once the cars are gone, the enforcement of it becomes an issue. Ms. Dorothy also favors periodic review of the code. She thinks it is a great idea. REPORTS OF COUNCIL MEMBERS Ms. Michael commented that this Friday morning around 9:30 there will be another Live Government activity in council chambers. She invited members to attend. Mr. Myers reported that Financial Disclosure Forms are due to be filed by April 2 nd. Mrs. Thress, Clerk of Council understands that the filing deadline coincidence with personal Income Tax filing, which is April 16 th this year. Ms. Michael commented that she has not received the form yet. Mr. Myers added that the Ethics Commission has sent them out electronically. If members didn t receive a hard copy they will need to go to their web page and download one. Mrs. Thress stated that she did not receive any notification from the Ethics Commission on the issue. She will check into the matter and get the information to members as quickly as possible. OTHER EXECUTIVE SESSION ADJOURNMENT Motion Ms. Dorothy made a motion to adjourn. The motion was seconded by Dr. Chosy. The motion carried by a unanimous voice vote. Dr. Goorey declared the meeting adjourned at 8:40 PM. Clerk of Council APPROVED by the City Council, this 2 nd day of April, President of Council City of Worthington Meeting 12-14

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