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HomeMy WebLinkAbout11-08-21 Council MinutesRECORD OF PROCEEDINGS Minutes of Dublin City Council GOVERNMENTX844-224-3338 M NO. 10148 Held November 8, 2021 20 CALL TO ORDER Mayor Amorose Groomes called the Monday, November 8, 2021 Regular Meeting of Dublin City Council to order at 6:15 p.m. ROLL CALL Meeting Present were Mayor Amorose Groomes, Vice Mayor De Rosa, Ms. Alutto, Ms. Fox, Mr. Keeler, Mr. Peterson and Mr. Reiner. Staff members present were Mr. McDaniel, Ms. Readler, Ms. O'Callaghan, Mr. Earman, Mr. Stiffier, Mr. Rogers, Ms. Rauch, Mr. Dearth, Ms. Gilger, Mr. Hammersmith, Ms. Weisenauer, Ms. Blake and Chief Paez. Also present: Jeff Noble, Lt. Col., Retired and Members of the Veterans Committee ADJOURN TO EXECUTIVE SESSION Mayor Amorose Groomes moved to adjourn to executive session for the purposes of: • Personnel Matters: Considering the appointment of a public official Ms. Alutto seconded. Vote on the motion: Ms. Alutto, yes; Mr. Peterson, yes; Vice Mayor De Rosa, yes; Mr. Reiner, yes; Mayor Amorose Groomes, yes; Mr. Keeler, yes; Ms. Fox, yes. Mayor Amorose Groomes reconvened the meeting at 7:00 p.m. PLEDGE OF ALLEGIANCE Mayor Amorose Groomes invited Mr. Jeff Noble, Lt. Col., Retired, to lead the Pledge of Allegiance. Mr. Noble invited members of the Veterans Committee that were present to stand and assist in leading the pledge. SPECIAL PRESENTATIONS • Veterans Day Proclamation Mr. Reiner presented the proclamation to Mr. Noble and the present members of the Veterans Committee. Mr. Noble thanked Council for the proclamation. As the Chair of the Veterans Advisory Committee, he provided an update on Veterans Committee projects, including: • The Honor Roll — the relocation of the World War II Monument to the Grounds of Remembrance in May of 2021; • The Purple Heart City designation; • The launch of an official website for Veterans events and resources, which is: DublinVeterans.com; • The Grounds of Remembrance QR Code Trail: when these codes are scanned, a quick video will open and provide historical information for each portion of the park and encourage more traffic to the Grounds of the Remembrance; • Coordinating Memorial Day Activities to honor those who have served; and • Coordinating Veterans Day activities at the Grounds of Remembrance. The day begins with breakfast for Veterans at La Chatelaine at 8:30 a.m. The ceremony will be held at 11:00 a.m. John Lang is the keynote speaker this year. He invited everyone to join them for this event. Mayor Amorose Groomes thanked them for all their work for this country and this community. She stated that she looks forward to the ceremony on Thursday, November 11. CITIZEN COMMENTS There were no citizen comments. CONSENT AGENDA • Approval of Minutes of October 25, 2021 Regular Meeting There was; no request from Council to remove this item from the Consent Agenda. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Held L 20 Mayor Amorose Groomes moved for approval of the Consent Agenda. Mr. Reiner seconded the motion. Vote on the motion: Mr. Reiner, yes; Mr. Peterson, yes; Mayor Amorose Groomes, yes; Mr. Keeler, yes; Vice Mayor De Rosa, yes; Ms. Fox, yes; Ms. Alutto, yes. POSTPONED ITEM Ordinance 68-21 Adopting the Annual Operating Budget for the Fiscal Year Ending December 31, 2022 Mr. StifFler stated that before Council for approval is the 2022 Operating Budget with all incorporated changes recommended by Council. Mayor Amorose Groomes thanked Mr. Stiffler and the Finance team for all their work on this budget. There were no public comments. Vote on the Ordinance: Ms. Fox, yes; Ms. Alutto, yes; Mr. Keeler, yes; Mayor Amorose Groomes, yes; Mr. Reiner, yes; Vice Mayor De Rosa, yes; Mr. Peterson, yes. SECOND READING/ PUBLIC HEARING - ORDINANCES Ordinance 69-21 Amending Various Sections of Ordinance 15-17 (Compensation Plan for Non -Union Personnel) and Modifying the 2022 Operating Budget Position Authorization Mr. Rogers stated that the amendments in this Ordinance were already briefed to Council, but there was one more revision to remove a reference to a section that was to be deleted. This was the only change from the first reading. Staff recommended approval. There were no public comments. Vote on the Ordinance: Vice Mayor De Rosa, yes; Ms. Alutto, yes; Mr. Peterson, yes; Ms. Fox, yes; Mayor Amorose Groomes, yes; Mr. Reiner, yes; Mr. Keeler, yes. Ordinance 70-21 Rezoning One Parcel (PID 273-009067) and One Partial Parcel (PID 273- 008414), both City -owned, from R-1, Restricted Suburban Residential District to SO, Suburban Office and Institutional District to Establish the Wright Way Corporate Park, Totaling Approximately 9.02 acres located Northeast of the Emerald Parkway and Riverside Drive Intersection (Case 21-101Z) Ms. Holt stated that there have been no changes from the first reading of this Ordinance. Staff recommended approval. There were no public comments. Ms. Fox stated that, although Council feels this is a good use of the parcel, the Planning and Zoning Commission had some concerns about the sensitive area around the creek. As the development moves forward, she would recommend that Planning and Zoning have the opportunity to review any development of the area due to the sensitivity. In response to Mayor Amorose Groomes' question regarding whether or not Planning and Zoning would have to review any building development, Ms. Holt stated that this is a straight zoning. Mayor Amorose Groomes stated that the R-1 parcel immediately to the North is where the really precious ground exists and needs to be very carefully developed. Ms. Fox stated that due to the reassurances from Economic Development that it will be a two story building and sensitively placed, she has no concern for the commercial portion of the property. She stated that her concern is regarding the greenway along Billingsley Creek. She reiterated that because Planning and Zoning had such concerns regarding how this would be addressed, she would like for the Commission to have the opportunity to review the development. Vice Mayor De Rosa clarified that if and when there were future development, it would be reviewed by Planning and Zoning. Ms. Fox stated that since this is a development RECORD OF PROCEEDINGS Minutes of Dublin City Council GOVERNMENT FORMS & -SUPPLIES 844-224-3338 FORM NO. 10148 Held November 8 2021 - —Page 3 of 1 20 _ Meeting agreement, there would be opportunity for it to be reviewed again. She suggested that there be sensitivity for the Billingsley Creek area. Vice Mayor De Rosa asked if it was sufficient that it be noted now. Mayor Amorose Groomes stated that the 75 -foot setback is in place. Ms. Fox suggested that it needs a second set of eyes. Ms. Holt stated that she would be presenting some information that could be helpful to this discussion when the plat comes forward later this evening. Ms. Fox stated that could be helpful. Mayor Amorose Groomes stated that these notes would be most beneficial during the consideration of the Final Plat. Vote on the Ordinance: Mr. Keeler, yes; Mr. Peterson, yes; Mayor Amorose Groomes, yes; Vice Mayor De Rosa, yes; Ms. Alutto, yes; Ms. Fox, yes; Mr. Reiner, yes. Ordinance 71-21 Authorizing the City Manager to Execute and Accept all Necessary Conveyance Documents to Acquire a 0.181 -acre Fee Simple Warranty Deed and a 0.076 -acre Temporary Construction and Grading Easement from Delaware County Parcel Number 60034408056000 from the Muirfield Village Golf Club Mr. Hammersmith stated that there are no changes from the first reading. He expressed his appreciation to the Muirfield Village Golf Club for their partnership in this project. Mayor Amorose Groomes asked about the curb cut on Dublin Road and whether or not it would be a paved lot. Mr. Hammersmith stated that it would be a paved surface. Mayor Amorose Groomes asked about the screening between the structure and Dublin Road. Mr. Hammersmith stated that there is screening that will be between the structure and Dublin Road. Mr. Hammersmith stated that there is a landscaping plan for screening that is on the construction drawings. He stated that the landscaping was reviewed by Planning and Zoning Commission and that their recommendations regarding landscaping and tree preservation were followed. Mayor Amorose Groomes stated that she wanted to make sure every effort is made to restore the area as much as possible to its original natural feel. There were no public comments. Vote on the Ordinance: Ms. Fox, yes; Vice Mayor De Rosa, yes; Mr. Keeler, yes; Mr. Reiner, yes; Ms. Alutto, yes; Mr. Peterson, yes; Mayor Amorose Groomes, yes. Ordinance 72-21 Amending Section 34.02 "Definitions" and Enacting New Section 34.08 "Virtual Meetings" of the Codified Ordinances of the City of Dublin, Ohio to Permit Municipal Body Members to Hold, Attend and Conduct Public Meetings Virtually Ms. Readler stated that there have been no changes from the first reading of this Ordinance. Ms. Fox asked about the definition of virtual and whether or not it incorporated the telephone if someone wanted to participate by phone. Ms. Readler stated that the definition does state the use of audio or visual to connect online relates to how the meeting is held, not how someone might participate. She stated that the member, with the proper waivers, could participate by telephone. Mayor Amorose Groomes clarified that using audio and visual to connect was priority one, but if we were unable to reach that threshold, use the phone would be a secondary choice. There were no public comments. Vote on the Ordinance: Mr. Peterson, yes; Ms. Fox, yes;; Mr. Keeler, yes; Mr. Reiner, yes; Mayor Amorose Groomes, yes, Ms. Alutto, yes; Vice Mayor De Rosa, yes. RECORD OF PROCEEDINGS Minutes of Dublin City Council M Held L FIRST READING/PUBLIC HEARING - ORDINANCES Ordinance 73-21 Establishing the Location and Amount of Cash on Hand for Change Funds Ms. Alutto introduced the Ordinance. Mr. Stiffler stated that this Ordinance updates Chapter 35 to better reflect current finance operations. The cash boxes in Planning and Building Standards are no longer needed due to the implementation of Accela software. The cash box in taxation is under-utilized and Finance is in close proximity should a case transaction be required. Therefore, he recommended removing the three cash boxes. Staff recommended approval at the second reading. There were no public comments. Second Reading/Public Hearing is scheduled for November 15, 2021. Ordinance 74-21 Amending Chapter 35 of the Codified Ordinances to Revise the Schedule of Fees and Service Charges for City of Dublin Services Mayor Amorose Groomes introduced the Ordinance. Mr. Stiffler introduced Ms. Murray who would be providing the staff report. Ms. Murray stated that this Ordinance is the 2021 update to the City's fee schedule. 2021 is an inflationary year. Next year a comprehensive analysis to update the fee schedule for 2023. In addition to the 1.1% inflationary increase, Park Operations, Court Services and Recreation are proposing additional fees or changes to current fees for the year 2022. • Park Operations: the City's fee schedule includes a niche engraving fee. The City's former vendor has closed and the new vendor has a higher rate for the niche engraving service. • Court Services: In order to increase administrative clarity, a note has been added to the Mayor's Court Services for the Adult Traffic Diversion Review fee. Fee is dependent upon State Court costs, Court Service fees, the Computer Fund fee, and fine processing. A $49.95 fee for the online driving course is collected by the National Safety Council of which $25 is remitted back to the City. • Recreation: Guest of Resident Visitor passes accommodates the guest(s) of Dublin Residents at the Dublin Community Recreation Center (DCRC). A minor raise in the fee is proposed by the Recreation staff. The Annual Passes now includes a note that has been added to allow more flexibility with annual pass pricing. DCRC annual pass fees listed are the maximum fees to be charged. The Director of Recreation has the authority to adjust annual pass fees and/or run seasonal pricing specials as needed to achieve recreation center membership goals or divisional cost recovery goals. The Recreation Department is responsible for reporting on the results and impacts of any fee adjustments or seasonal specials to City Council. Ms. Murray stated that staff recommended referring the Recreation Cost Recovery Policy review to the Finance Committee for additional conversation. Staff recommended approval at the second reading. Fees will become effective January 1, 2022. There were no public comments. Vice Mayor De Rosa asked about the inflationary increase that does not not seem to increase some fees in the Appendix. She asked why some were not given the same inflationary increase. Ms. Murray stated that the Finance staff looks at how the current revenues are meeting oast recovery goals. Each of these fees has their own cost recovery goal. If the inflationary increase was not needed to meet the cost recovery goal, then the fee was not affected. Vice Mayor De Rosa asked if the fee would decrease if the cost recovery was over 100%. Ms. Murray stated that she was not aware of any in that scenario, but would be happy to bring those to Council's attention if discovered. Vice Mayor De Rosa stated that she wanted to be sure that we were being consistent in our application of RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting UUVt:HNMt:N 1.. . N. -u Held 20 these increases. Ms. Murray added that cost recovery is not at 100% for each of these fees depending on Council policy or administrative policy. Vice Mayor De Rosa stated that she is appreciative of staff looking at DCRC fees and recommending referral to Finance Committee. Second Reading/Public Hearing is scheduled for November 15, 2021. Ordinance 75-21 Authorizing the Rescinding of the Merchandising Fund and Transferring the Fund Balance to the General Fund Ms. Alutto introduced the Ordinance. Mr. Stiffler stated that the Merchandising Fund was established for the purpose of accounting for monies derived from the sale of merchandise related to the merchandising program. The fund was created as an enterprise fund since the intent of the merchandising program was that it be self-supporting. The revenue from the sale of merchandise was used to replenish the merchandise inventory. The merchandising program was used to further the goals of the marketing component of the comprehensive economic development program. However, merchandise sales is no longer being used as part of the economic development marketing strategy. Rescinding this fund will not prohibit the City from selling merchandise in other special revenue funds, it will eliminate this outdated enterprise fund. Staff recommended approval at the second reading. There were no public comments. Second Reading/Public Hearing is scheduled for November 15, 2021. Ordinance 76-21 Amending Chapter 51 and 52 Establishing User Fees and Capacity Charges for the Sanitary Sewer and Water Systems Ms. Alutto introduced the Ordinance. Mr. Stiffler stated that this Ordinance increases water and sanitary sewer fees by the recommended amounts in 2022, consistent with the discussion during the 2022-2026 CIP. During those discussions, it was determined that a 3% increase to water user fees and 4% increase to sewer user fees would be recommended to support each fund's obligations in future years. The fund balance target for these funds is 25% of the historical value for each system's capital assets. The current fund balance in the Water system fund is 75% of the target. The current fund balance in the Sanitary Sewer System fund is 41% of the target. Staff recommended approval at the second reading. There were no public comments. Mayor Amorose Groomes asked if these increases are consistent with the increases that are being experienced in the maintenance in sewer lining. Mr. Stiffler stated that he would provide more detailed information at second reading, but what is driving the increase in sewer is the debt that is being taken on. Mayor Amorose Groomes asked when it is anticipated that we will reach the target fund balance. Mr. Stiffler stated that he does not have a timeframe for sewer, but the water fund will depend on usage. Mayor Amorose Groomes stated that she would like to see how the maintenance - increased costs aligns with the increases in the rates. She stated she is not proposing changing the percentage increase, but look at a projection of what could be coming down the pike. Second Reading/Public Hearing is scheduled for November 15, 2021. Ordinance 77-21 Declaring the Improvement to Certain Parcels of Real Property in the City's Bridge Street District to be a Public Purpose and Exempt from Taxation; Providing for the Collection and Deposit of Service Payments and Specifying the Purposes for which those Service Payments may be Expended; RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting _ Held r8,2021 Page 20 Specifying the Public Infrastructure Improvements Directly Benefiting the Parcels; and Authorizing Compensation Payments to the Dublin City School District and the Tolles Career and Technical Center Ms. Alutto introduced the Ordinance. Mr. Stiffler stated that this Ordinance proposes the establishment of the Bridge Park Tax Increment Financing District for Block G within the Bridge Park development. This authorization is permitted under ORC 5709.41. TIFs created under 5709.41 are the base TIFs for the Bridge Park development with the Incentive District TIF (created under ORC 5709.40(c) — Ordinance 45-15) being layered' on top, applying only to those `residential' properties. It is acceptable that the geography of these two TIF overlap which will allow flexibility in the future for any of the owner -occupied residential units (i.e. condominiums) to be converted to apartments without losing TIF revenues. Mr. StifFler shared that the TIF is estimated to generate $22.5 million over the 30 years and is necessary to provide funding for the Community Facilities in Bridge Park. There were no public comments. Vice Mayor De Rosa asked if the parking structure in Block G was a City structure. Mr. StifFler stated that it is not a City structure. Mayor Amorose Groomes asked if the 86 dwelling units were for sale or for lease. Mr. Stiffler stated he would provide that information to Council, but added that if they are for sale, they would be part of the residential TIF and if they were commercial, they would be part of this new TIF. Second Reading/Public Hearing is scheduled for November 15, 2021. Ordinance 78-21 Declaring the Improvement to Certain Parcels of Real Property in the City's Bridge Street District to be a Public Purpose and Exempt from Taxation; Providing for the Collection and Deposit of Service Payments and Specifying the Purposes for which those Service Payments may be Expended; Specifying the Public Infrastructure Improvements Directly Benefiting the Parcels; and Authorizing Compensation Payments to the Dublin City School District and the Tolles Career and Technical Center Ms. Alutto introduced the Ordinance. Mr. Stiffler stated that this Ordinance proposes the establishment of the Primrose School TIF. Primrose School is constructing a new two story, 15,850 square -foot child daycare center located on the 3.53 -acre site zoning Bridge Street District — Office District on the southern half of the parcel. The City is proposing to create a Tax Increment Finance (TIF) district as authorized by Ohio Revised Code Section 5709.40. The Primrose School TIF is within the defined area of the Bridge Street District Cooperative Agreement between the City and the Dublin City School District. This TIF is estimated to generate $1.9 million in the 30 years' time. Service payments will provide funding for debt service related to the public infrastructure improvements serving the Bridge Street District. There were no public comments. Mayor Amorose Groomes asked about the roadway that bifurcated this parcel. Mr. Stiffler stated that this TIF is not subject to any development agreements. Second Reading/Public Hearing is scheduled for November 15, 2021. Ordinance 79-21 Authorizing the Provision of Certain Incentives to Nurx, Inc. or one of its Affiliated Companies to Induce it or Such Affiliated Company to Lease a Facility to Create an Office and its Associated Operations and Workforce, all within the City; and Authorizing the Execution of an Economic Development Agreement Ms. Alutto introduced the Ordinance. Ms. Gilger stated that Nurx is a San Francisco -based telemedicine company. Economic Development staff have been working with Nurx regarding leasing a 6,000 square foot RECORD OF PROCEEDINGS Minutes of Dublin City Council Held 44-224-3338 FORM NO. 10148 be—r -8-,= 20 Meeting facility located in Dublin in order to create a closed -door (non -retail) pharmacy. The Economic Development Agreement proposed is a four-year, 15% payroll performance withholding incentive of up to $35,090. The performance incentive is contingent upon Nurx providing documentation of an executed three year initial lease of a facility of at least 6,000 SF within Dublin commencing by February 1, 2022, receiving an occupancy permit and occupying the facility by March 1, 2022, and executing a five year renewal or new five year lease at another site within the City of Dublin. In total, the company would be required to make an eight-year space commitment, 2022-2029. As a result of the deal structure, the payroll performance withholding incentive would not begin until the year 2025 and would extend through the year 2028 if all conditions are met. The project is expected to create forty-three new employee positions within Dublin by December 31, 2028. Ms. Gilger stated that the company is requesting to postpone the second reading to the December 6, 2021 meeting. There were no public comments. Second Reading/Public Hearing is anticipated to be postponed on November 15, 2021. Ordinance 80-21 Authorizing the City Manager to Enter into a Real Estate Purchase Agreement for Certain Property Owned by Shepherd Land Holding Co. in Franklin County and Madison County, Ohio, Authorizing the Execution of Related Agreements and Documents and Appropriating Funds Therefor Ms. Alutto introduced the Ordinance. Ms. Readler stated that City Council has discussed the need to have additional acreage in the City's possession. Such purchases of land enable the City to control the ultimate use of the property. Additionally, as the City continues to grow and/or build out, opportunities to purchase property will diminish. The City has experienced much success over the years through such purchases be they for economic development, transportation and/or recreational use. After negotiations with the owners, the purchase price of the premises in this Ordinance has been determined to be $100,000 per usable acre. The price of the premises is consistent with purchases made in the immediate area. The Real Estate Purchase Agreement, if authorized by City Council, explains all terms, conditions and closing requirements. There are two financing options that staff wanted to bring forward for Council's consideration. • General Fund Balance Option Utilize the General Fund Balance to provide cash for 100% of the acquisition cost. This option is in compliance with the General Fund Balance Policy regarding the fund balance level. As this has been the historical preference of Council, this ordinance will include an appropriation from the General Fund for this purchase. • Short -Term Financing Option An advance for the acquisition cost would be appropriated from the General Fund to the Capital Improvement Construction Fund. The advance would be repaid early in 2022 when the short-term note proceeds are received. This note could be paid off in full, rolled into a future long-term debt issuance or rolled forward to future years (with or without principal payments) as the City works to develop the property. Staff recommended approval of this ordinance at the second reading. There were no public comments. Ms. Fox asked for Mr. StifFler's comments regarding the two financing options. He stated that he is not making that recommendation at this time, but he did want to open the discussion of the possibility. He stated there are many benefits to utilizing short -terra financing. We could make a determination to finance the land for one year and a determination could be made to pay some, all, or roll over to another year. This kind of strategy puts the City in a position to work ahead of the fund balance. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Held Novem 20 Mr. Keeler expressed gratitude to Mr. McDaniel and Mayor Amorose Groomes for this opportunity. He stated he is in favor of the short-term financing option because it gives him flexibility. Ms. Alutto is also in favor of the short-term financing. Vice Mayor De Rosa asked if this would be discussed at the Finance Committee. Mr. Stiffler stated that he would welcome having this discussion. Vice Mayor De Rosa thinks that the short-term option makes great sense so she is glad a discussion will be held. Mayor Amorose Groomes stated that the policies are in place, it is just a matter of which policy Council wishes to use. Mr. StifFler stated that he is not proposing a policy change at this time. Mayor Amorose Groomes stated that it is likely that this is a policy we would hold onto. Second Reading/Public Hearing is scheduled for November 15, 2021. Ordinance 81-21 Adopting Chapter 140 under Title XIII of the City of Dublin Codified Ordinances to Prohibit Discrimination of Certain Protected Classes Ms. Alutto introduced the Ordinance. Ms. Readler introduced Mr. Jesse Shamp, Frost Brown Todd LLC, to provide the update on the non-discrimination Ordinance (see Exhibit A). Mr. Shamp reviewed the federal and state protections. He reviewed the unlawful discriminatory employment practices and housing practices section. He also addressed discrimination regarding public accommodations. Mr. Shamp reviewed the complaint procedure as proposed by the Ordinance. Mr. Peterson asked if a subpoena is issued and ignored during the investigative phase, what court would enforce the subpoena. Mr. Shamp stated Mayor's Court would be the appropriate court. The following were present to provide public comment: • Alana Jochum, 370 S. 5t" Street, G3, Columbus, OH 43215, stated that she is the Executive Director of Equality Ohio. She works with cities across the state to improve their equity and inclusivity. She stated that by passing this Ordinance, the Human Right Campaign score will improve. She suggested a few changes: o The definition of "sex"; o Revised definition of public accommodation to include some school community events; o Religious exemption should match the ORC; and o A word change under employment: changing "woman" to "employee" She stated that in the civil complaint process, she would like to see the City "make the person whole." She stated that the fines that are imposed for the discrimination go to the City, not to the person that was discriminated against. She suggested looking to other communities who have allowed their hearing officers some latitude in imposing fines in a way to make the complainant whole. • Peggy Kilty, 7568 Ashlord Court, Dublin, OH stated that she is the proud parent of an openly gay teenager and she is a board member with Rainbow Dublin. She stated that their City Council and supporting committees have a many accomplishments to be proud of this year. She expressed gratitude for everyone for the efforts to bring forward Ordinance 81-21. • Jaron Terry, 6683 Firenza Place, Dublin, OH stated that she is speaking as the mother of a member of the LGBTQ community, as the president of the board of directors of PFLAG Columbus, and as a board member of Rainbow Dublin. She stated that she is speaking in support of Ordinance 81-21. She thanked the Community Task Force members for their work in creating the framework. She thanked those responsible for drafting this ordinance for reaching out and working with Equality Ohio. She closed by stating that PFLAG Ohio supports the passage of this ordinance. • Bobby Weston, 3247 Rossbury Court, Dublin, OH stated that he is the founder and president of the board of directors for Rainbow Dublin. He thanked the City RECORD OF PROCEEDINGS Minutes of Dublin City Council Me Held Novem er 8, 2021 20 of Dublin for this dialogue and expressed his support for Ordinance 81-21. He expressed his support for Equality Ohio's suggested amendments. • Michael Haynes, 5329 Roscommon, Dublin, OH stated that he is speaking as a resident, parent, and vice president of Rainbow Dublin. He expressed his thanks to everyone responsible for bringing Ordinance 81-21 to this point. He stated that being part of the City's first pride celebration was very moving. This ordinance is an important step in letting members of the community know that the City supports them. • Sandra Anderson, 7677 Riverside Drive, Dublin, OH stated that she is in attendance with her wife and she is proud to be of the Dublin Community. She serves on the Dublin Arts Council and a former member of Equality Ohio. She is proud of Equality Ohio for the social justice rights they have gained for the LGBTQ community in the State of Ohio by working one city at a time. Ms. Fox stated that this is a beginning to changing minds and hearts. She is proud of this Council. Vice Mayor De Rosa expressed her appreciation for attendees' perseverance and determination. She asked about the changes proposed this evening. Ms. Readler shared that they have reviewed the list provided by Equality Ohio, they have no objections, and they are happy to make those modifications. She recommended sticking with the review process in order to remain consistent. Mayor Amorose Groomes thanked the Community Task Force as well as community members for their hard work. She recommended the use of the term birth parent. Second Reading/Public Hearing is scheduled for November 15, 2021. Ordinance 82-21 Rezoning Approximately 42.5 Acres from R, Rural District to PUD, Planned Unit Development District (Hyland Glen) for Development of 102 Single - Family Lots with 12.4 Acres of Open Space and Associated Site Improvements on the East Side of Hyland -Croy Road, North of the Intersection with Post Road under the Provisions of Zoning Code Section 153.050 Ms. Alutto introduced the Ordinance. Ms. Martin detailed the development proposal. She stated that this property was annexed into the City in 2018 and Council disapproved a previous zoning request in 2020 finding it inconsistent with the Community Plan. Planning and Zoning Commission is recommending approval of this ordinance at the second reading. Ms. Martin stated that additional details will be covered in Ordinance 83-21. Ms. Martin shared the Community Plan recommendations as well as pertinent area plans. The rezoning establishes a development text where zoning standards are set forth. To be sensitive to surrounding existing neighborhoods, development standards are proposed for perimeter and interior lots. Ms. Martin noted that as part of Planning and Zoning Commission's review, an additional minimum distance of twelve feet between structures was established and in no case are patios permitted to encroach into a side - or rear -yard setback. Ms. Martin reviewed proposed building material and conceptual architecture. She also shared the stormwater, open space, and connectivity plan. This provides connectivity to the region. Six reserves of open space are proposed. There are four structures that are in conflict with the stormwater plan. Staff is recommending these be removed. They are recommending the granary and barn to be reserved. Staff is recommending the farmhouse and the cellar to be removed as well. Ms. Martin concluded by stating that Planning and Zoning Commission recommended approval to City Council at their meeting held September 16, 2021. Mr. Reiner asked about the Planning and Zoning Commission's 10 conditions. Ms. Martin noted that conditions 1 through 6 were original and 7 through 10 were added by the Planning and Zoning Commission. There were no public comments. Ms. Fox asked if the stormwater basin had any consideration possible other than the one proposed. Ms. Martin stated that Staff and the applicant did explore a number of options; this location is critical as it is the lowest point on the site. She explained that Minutes of RECORD OF PROCEEDINGS Dublin City Council Meeting GOVERNMENT FORMS &SUPPLIES 844-224-3338 FORM NO. 10148 Held 10 NOUN • ' i • PIC this configuration was revised from the applicant's original proposal that preserved only the barn. Ms. Fox stated that she voted no on this partially because of the preservation of the historic structures. She noted that the City cannot own and maintain all historic structures. Ms. Fox stated that others have had to abide by criteria for demolition and she does not believe it is fair if the same process is not followed by everyone. The second concern she has is the density and requirement to push to get these setbacks wider. If these properties are at a lot size of 6,600 square feet, buildable footage is 4,620, and then you take away all setbacks, this leaves 60 square feet of patio. Mr. Keeler asked if the farmhouse is historical contributing. Ms. Martin stated that the Historical Cultural Assessment evaluated the home only and found it to be contributing but recommended for the complex to be retained with it. She noted that their historic preservation consultant evaluated each structure individually and as a group. The home and the barn were contributing. Mr. Keeler noted that the barn appears to be in good shape and he is in favor of keeping that. He stated that he would like to substantiate the City's ability to demolish the home and be held to the same standard that a resident would be. Vice Mayor De Rosa asked about the entryways along Highland Croy. Ms. Martin stated that Stillhouse will be a right-in/right-out only and the other two access points are full movement. There is a traffic light proposed at Moorland Drive. Vice Mayor De Rosa asked if the building of this will be done in phases. Ms. Martin stated that the phasing shown is related to development phasing and not infrastructure. The accesses will be open at the same time. Vice Mayor De Rosa asked about the entryway feature design. Ms. Martin stated that this is a Preliminary Development Plan so Staff has set the framework to allow that detail to happen and the Final Development Plan and she would anticipate that to occur in accordance with the Community Plan. Mr. Reiner expressed concern with the outdoor living space, general layout and density as well as the idea that the City is assuming maintenance of the common areas. He believes it should be Homeowners Association. Mayor Amorose Groomes echoed Mr. Reiner's concerns about the care of the ponds and green space. She disagrees that the City should take care of ponds. She would like to see the City navigate the process for demolition of the house. She feels it is important to hold ourselves to the same standard as any other resident. Mayor Amorose Groomes asked about the future owners of these homes and what the City will say to them when they want outdoor living space. Ms. Martin stated that this farmstead is not protected under Appendix G, the outlying list of historic properties, which means that it would not be subject to the demolition criteria set forth in the code. Staff does understand that Council would want them to evaluate this against the criteria for, demolition. The topic of patios is something that has been discussed numerous times. Mr. Reiner asked about the maintenance of the barn. Ms. Martin stated that this is a unique property as the western gateway to Dublin and preserving these structures is of the utmost importance to maintain that rural roadway character and acknowledge the past. The City does own all reserves and open space. That requires the City to cover the property tax and is deeded to the City as publicly accessible. The only items proposed to be maintained are the gateway reserve and the stormwater appurtenances. Mr. Reiner asked if this is a fully funded homeowners' association. Ms. Martin answered affirmatively and stated that it is forced and funded and the applicant provided a pro forma for open space management. Ms. Fox stated asked if the house could be sold and moved. She stated that if there will be a retention basin, it needs to be usable space incorporated into the landscape. Mayor Amorose Groomes asked about the changing street names. Ms. Martin stated that this is in coordination with the post office and in coordination with engineering. Ms. Alutto stated that she has an issue with the size of the lot and lack of outdoor space. She would prefer a pro forma that goes further out than one year. Vice Mayor De Rosa stated that there have continued to be discussions about setbacks and patios. She stated that it is now on Council. The density on this is about half of what it was before. Residents are happy that the barn is going to be preserved and some of the efforts with this development. RECORD OF PROCEEDINGS Minutes of Dublin City Council GOVERNMENTMPMT&TUPPILIM 844-224-3338 FORM No. 10148 Held -- ovember 8; 2021- 20 Meeting Mayor Amorose Groomes asked staff to come back with modeling on the outdoor space. Ms. Fox stated that the developer went out of his was to make sure that lots abutting the neighborhoods are appropriate. Second Reading/Public Hearing is anticipated to be postponed to December 6, 2021. Ordinance 83-21 Authorizing the City Manager to Enter into an Infrastructure Agreement with Paragon Building Group, Ltd. and Union County, for the Hyland Glen Development Ms. Alutto introduced the Ordinance. Ms. O'Callaghan stated that this is a companion legislation to 82-21. Approval of this agreement is a condition of approval for the Rezoning and Preliminary Development Plan. The proposed development provides the opportunity to accomplish connection from Highland Croy to Post Preserve. Typically, the developer is responsible for funding and implementing infrastructure improvements; however, with the unique relationship between this development and the planned Post Preserve access modifications, a non- traditional funding approach is being proposed. Ms. O'Callaghan stated that the Traffic Impact Study submitted by the developer has been reviewed and approved by the City of Dublin and Union County and Staff expects full approval prior to the second reading of this ordinance. She stated that Dublin has been coordinating very closely with Union County and they agree with the proposed infrastructure agreement. Dublin Staff is talking about leveraging the work and ultimately planning a more comprehensive improvement project with Union County. Ms. O'Callaghan detailed the infrastructure agreement. This approach maintains the City's funding commitment at previous amounts. Staff is considering a residential TIF. Staff recommends approval at the second reading. There were no public comments. Mr. Reiner asked for examples for the entryway features. Ms. Martin stated that those will be finalized with the Final Development Plan. She would anticipate those to be very consistent with what is seen north on Highland Croy. Mr. Reiner asked if there is a theme to the development. Ms. Martin stated that the three primary architectural styles are traditional, classical, and craftsman. The landscape character will be directed by the Community Plan and under the review of the Planning and Zoning Commission excluding Reserve A which will be under Council's purview as a CIP. Vice Mayor De Rosa commended staff on the work and this structure. She thinks the residents will be appreciative of coordinating and work on Highland Croy with the interchange improvements. She confirmed the internal roads will be city streets. Ms. Martin answered affirmatively. Mayor Amorose Groomes stated that she thinks the cost sharing on the improvements is appropriate. She asked for details on the residential TIF for the second reading. Second Reading/Public Hearing is anticipated to be postponed to December 6, 2021. Council took a five-minute recess with all members returning to the dais. INTRODUCTION/PUBLIC HEARING/VOTE — RESOLUTIONS Resolution 62-21 Authorizing the City Manager to Enter into a Collective Bargaining Agreement with the Fraternal Order of Police — Ohio Labor Council regarding Wages and Insurance for Employees within the Communication Technician Bargaining Unit. Ms. Alutto introduced the Resolution. Mr. Rogers stated that the term of the agreement has been tentatively agreed upon for Article 21 and 22 only. The term of these two articles will expire December 31, 2023 when the full contract expires. Staff recommends approval of the Resolution. There were no public comments. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Held it t Vote on the Resolution: Ms. Alutto, yes; Mr. Keeler, yes; Vice Mayor De Rosa, yes; Ms. Fox, no; Mr. Peterson, yes; Mr. Reiner, no; Mayor Amorose Groomes, yes. Resolution 63-21 Approving and Accepting the Preliminary Plat for the Platting of Approximately 23.09 Acres to Establish One New Parcel Approximately 7.354 Acres, Two Reserves, and Public Right -of -Way, in the Wright Way Corporate Park, to be Zoned SO, Suburban Office and Institutional, located Northeast of the Intersection of Riverside Drive and Emerald Parkway Ms. Alutto introduced the Resolution. Ms. Holt reviewed the Preliminary Plat including its location and site context. She stated that this site has long been identified for economic development and this request will memorialize that vision. Staff recommends approval of the Preliminary Plat. Ms. Fox stated that there is quite a bit of reassurance in the environmental background about the preservation of the woods and stream/cave areas. She reiterated the importance of sensitivity to this entire conservation area. Mayor Amorose Groomes confirmed that Reserve A is a do not disturb area. Ms. Holt answered affirmatively and added that there are plat notes that explain that. Mayor Amorose Groomes asked what the rear building setback is. Ms. Holt stated that it is dependent upon the height of the building. Mayor Amorose Groomes asked if the measurements begin at the property line. Ms. Rauch stated that the formula is based on the height and length of the building. It would be based off of the property line but they would not be able to encroach in that 75 feet. As the owner of that, the City would have the ability to locate the building. There were no public comments. Vote on the Resolution: Mayor Amorose Groomes, yes; Mr. Reiner, yes; Vice Mayor De Rosa, yes; Ms. Alutto, yes; Ms. Fox, yes; Mr. Peterson, yes; Mr. Keeler, yes. Resolution 64-21 Approving and Accepting the Final Plat for the Platting of Approximately 23.09 Acres to Establish One New Parcel Approximately 7.354 Acres, Two Reserves, and Public Right -of -Way, in the Wright Way Corporate Park, to be Zoned SO, Suburban Office and Institutional, located Northeast of the Intersection of Riverside Drive and Emerald Parkway Ms. Alutto introduced the Resolution. Ms. Holt reviewed the Final Plat and noted that this creates the legal lots, easements, and rights of way for this plat. There were no public comments. Vote on the Resolution: Mr. Reiner, yes; Ms. Fox, yes; Mr. Keeler, yes; Vice Mayor De Rosa, yes; Mayor Amorose Groomes, yes; Mr. Peterson, yes; Ms. Alutto, yes. Resolution 65-21 Amending the Dublin City Council Rules of Order Ms. Alutto introduced the Resolution. Ms. Readier stated that the most recent version of the Rules of Order was adopted in 2014. Staff brought forward a revised version to the Administrative Committee and they made a recommendation on October 5, 2021. That draft was presented to Council at their last meeting. Direction provided by Council at that meeting has been included in this draft. There were no public comments. Vote on the Resolution: Vice Mayor De Rosa, yes; Ms. Alutto, yes; Mr. Peterson, yes; Mayor Amorose Groomes, yes; Ms. Fox, yes; Mr. Keeler, yes; Mr. Reiner, yes. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Held L Novem er , FA Resolution 66-21 Authorizing the City Manager to Enter into a Contract with Frost Brown Todd, LLC for the Provision of Legal Services Ms. Alutto introduced the Resolution. Mr. McDaniel provided a brief background on the Director of Law establishment and service. It has been practice that this be accomplished through a contractual relationship. Jennifer Readler of Frost, Brown, Todd, LLC serves in the capacity of Law Director. The current and proposed agreement provides the breadth of legal experience and specialists that has effectively served the needs of the City. He stated the Ms. Readler has worked with the City of Dublin for 20 years and has been Law Director for five years. Mr. McDaniel outlined Ms. Readler's services for the City of Dublin. He detailed the agreement. He is of the opinion that the proposed rate is comparable to other cities particularly when considering the level of experience and high level of service expected by our police officers. He recommends approval of this Resolution and the associated agreement. He also recommends City Council refer to its Finance Committee the task of discussing the frequency in which future legal services contract should be competitively bid and selected. They will report to Council as a whole on the results of their discussion. There were no public comments. Mr. Peterson stated that he has been in communication with staff getting more information. This is a very large contract. He was much happier with the information that came out during the budgeting conversation than expected. The increase in legal activity in this community has increased significantly and the rate has not. He stated that he thinks the City gets excellent legal advice. He thinks the recommendation to the Finance Committee is prudent. Mr. Peterson stated that he is comfortable with the adjustment and supports this contract. Ms. Fox agreed with Mr. Peterson. The exercise of exploring and explaining a large contract is, valuable. Vote on the Resolution: Ms. Fox, yes; Mr. Keeler, yes; Vice Mayor De Rosa, yes; Mr. Reiner, yes; Ms. Alutto, yes; Mr. Peterson, yes; Mayor Amorose Groomes, yes. Vice Mayor De Rosa made a motion to approve staff's recommendations regarding the legal services contract as described in the staff report. Ms. Alutto seconded. Vote on the motion: Mr. Peterson, yes; Mr. Keeler, yes; Ms. Alutto, yes; Mr. Reiner, yes; Vice Mayor De Rosa, yes; Mayor Amorose Groomes, yes; Ms. Fox, yes. OTHER BUSINESS There was no other business on this agenda. STAFF COMMENTS There were no staff comments. COUNCIL REPORTS • Committees o Administrative Committee: No report o Community Development Committee: No report o Finance Committee: No report o Public Services Committee: There is a meeting this Wednesday and the agenda includes the Frantz Road mobility project. COUNCIL ROUNDTABLE RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting VERNMENTFORMS & SUPPLIE 844-224-3338 FORM NO. 10148 Held L ber -- 20 Mr. Reiner stated that there is a silver post holding up signs and he wondered what it would take to powdercoat them brown or gray. He notice a competing city has them painted and they disappear. Ms. Fox shared a general residential development standards memo. She encouraged Council to review what is in Code now. Vice Mayor De Rosa stated that she welcomed the Ohio Building Officials conference and is glad they are here. She thanked Mr. Reiner, Mr. McDaniel and all veterans on staff and in the community for their service. She shared condolences to Gene Bostic on the loss of his wife Pat. Mayor Amorose Groomes shared that Mr. Keeler, Ms. Fox, and Vice Mayor De Rosa joined her at the Homeowners' Association meeting and it was nice to have that in this space. MORPC visited Dublin on the October 28th . The LinkUs project has the potential to bring transformation to the region. She is glad to hear all went well on Trick or Treat. She thanked all who had the courage to put their name on the ballot this election night. She served on the Ohio Mayor's Association Education Alliance. She wished a wonderful Diwali to those celebrating. There was a COMMA meeting on the 51h and Dublin's own Jay Somerville represented on NRECC and outlined pending legislation. Dublin received a $10,000 contribution from COMMA toward our broadband solution. She thanked all veterans. She extended condolences to the Bostic family. ADJOURNMENT The meeting was adjourned at approximately 9:25 p.m. Mayor — Presiding Officer C rk of C ncil