Loading...
HomeMy WebLinkAbout03/16/2009RECORD OF PROCEEDINGS Minutes of .Dublin City Council March 16, 2009 Mayor Chinnici-Zuercher called the Monday, March 16, 2009 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 Boring, Mr. Gerber, Mr. Keenan, Mr. Lecklider, Mr. Reiner and Ms. Salay. Staff members present were: Mr. Foegler, Ms. Grigsby, Mr. Smith, Mr. McDaniel, Chief Epperson, Mr. Harding, Mr. Hammersmith, Ms. Ott, Mr. Hahn, Mr. Earman, Ms. Crandall, Ms. Puskarcik, Mr. Thurman, Mr. Phillabaum, Ms. Worstall, Ms. DiSalvo, Mr. Caplinger, Ms. Adkins, and Ms. Swisher. PLEDGE OF ALLEGIANCE Mr. Reiner led the Pledge of Allegiance. APPROVAL OF MINUTES • Regular Meeting of February 17, 2009 Mr. Gerber moved approval of the minutes of the February 17, 2009 Regular Council meeting. Mr. Reiner seconded the motion. Mr. Keenan noted a correction to his comments on page 6, where it should state, "He sees a tremendous opportunity cost along Perimeter." Vice Mayor Boring asked for clarification to her comments on page 21, point 4, where she would like the sentence to read, "With a new City Manager and review of his performance in a few months, there may be a desire at that time to undertake this. " Vote on the motion to approve the minutes as corrected: Mr. Keenan, yes; Ms. Salay, yes; Mr. Gerber, yes; Mr. Lecklider, yes; Mr. Reiner, yes; Vice Mayor Boring, yes; Mayor Chinnici-Zuercher, yes. • Regular Meeting of March 2, 2009 Mayor Chinnici-Zuercher noted that consideration of the minutes of March 2, 2009 will be delayed until the April 6 meeting. SPECIAL PRESENTATIONS • Metro Parks Levy -John O'Meara, Executive Director John O'Meara, 115 Woodman Drive, Worthington noted that just over 10 years ago, Metro Parks and the City of Dublin entered into an agreement to create a new park, Glacier Ridge on the outskirts of Dublin. The park opened in 2002, and still is under development at this time, with new links to the trail system of Dublin being provided. The Metro Parks has an existing 0.65 mill, 10-year levy in place which expires this year, and they are going to the ballot on May 5th seeking approval of a 0.75 mill levy. The total cost of the levy to homeowners will be $23 per year per $10D,000 of property valuation. This will provide funding for the maintenance of the 15 existing Metro Parks. Even though growth has slowed with the recession, they are hopeful of future growth. MORPC is projecting an additional 500,000 in Central Ohio in the next 25-30 years. Metro Parks must plan for serving that additional population. In addition to taking care of existing parks, the levy will do the following: • Allows Metro Parks to open three new Metro Parks in Franklin County in the next ten years. • Allows expansion of the Greenways Trail system along the major waterways over the next decade. • Provide funding for educational programs. Currently, they provide this programming to over 300,000 people per year. They want to expand that, based on demand, with a focus on school programs and the growing senior population. In addition, other areas of focus are protection of Big Darby Creek, a state and national scenic river, with $20 million over the next 10 years to acquire land and restore habitat along the creek. Anew park is in development in downtown Columbus on the Whittier Peninsula, the Scioto Audubon Metro Park. In July of this year, the Grange Audubon Center will be completed. It will be the first inner city environmental education center built in this country. He offered to respond to questions, noting that a RECORD OF PROCEEDINGS Dublin_Cty Council Meeting March 16, 2009 Page 2 flier was included in the packet regarding the levy campaign, and it is available in the lobby. Mr. Reiner asked if there are any plans to expand the Glacier Ridge Metro Park. Mr. O'Meara responded they have attempted to acquire additional properties. There are some suitable properties adjacent to the park, which Metro Parks would be willing to purchase at the right price from a willing seller. Mayor Chinnici-Zuercher congratulated Metro Parks for their great vision and stellar leadership, and especially for the opening of the country's first inner city educational center in an urban park. The partnership which resulted in Glacier Ridge has benefitted all of the citizens who regularly use it. She wished Metro Parks much success in their levy efforts. • "Grounds of Remembrance" at Dublin Veterans Park -Community Support Mr. Kehoe, Veterans Committee provided an update on fundraising efforts to date. The group has achieved 80 percent of their goal, with an additional $3,000 raised since the last report. They have currently raised $612,000 of the $790,000 goal and are continuing to emphasize major donations to the Sycamore Grove at $15,000 levels. Eight of the 25 designated trees have been purchased, and they are making regular presentations to various groups. He announced that the Committee will host the "Red, White and Blue Bash" on Friday, May 1 from 6:30 to 8 p.m. at the Village of Coffman Park condominium complex off Post Road and Wall Street. Invitations will be mailed on April 1, with tickets priced at $300. The participant will receive a dedication stone as part of the ticket. In addition, preparations are underway for the dedication ceremony for the project on Monday, May 25 that will take place on site, following the parade by the American Legion and VFW. Mayor Chinnici-Zuercher noted that the packet includes information regarding the modifications to the dedication stone program that were voted upon by the Veterans Committee. She thanked the groups for the hard work they have done to raise awareness of and raise funds for this important memorial to Veterans. CORRESPONDENCE • New D3A Liquor Permit from Montgomery Inn of Columbus dba Montgomery Inn. 4565 W. Dublin-Granville Inn There was no objection from Council to the issuance of this permit. CITIZEN COMMENTS Evan Andrews, Montco~ mery Inn, Montgomery, Ohio noted that their family-owned company has been seeking property in the Dublin market for ten years. They have been in business since 1951, and this is the first restaurant they have opened since 1989. He noted that Dublin officials and staff have been very helpful and supportive in this effort. They were pleased to participate in the Blarney Hop on Saturday, which offered a great introduction for their business to the community. Their official ribbon cutting will take place on Wednesday morning, April 15. He noted that they have filled the jobs at their facility, and the local Dublin Schools/Dublin Chamber job fair was of great help in this effort. They are pleased to become part of the Dublin community. Mayor Chinnici-Zuercher welcomed them to the community on behalf of Council and staff. Wallace Maurer, 7451 Dublin Road: 1. Noticed in the meeting materials that the City was a finalist in an award for branding of the City with the "Sky is the Limit" campaign. He suggested this be used as City branding at the March 2 Council meeting. 2. Stated that he has been focused on the First Amendment topic for nearly 2-112 years at this point, and if it is not yet clear, he will continue to focus on this. 3. There is a correction needed to the minutes from the last minute relating to his exchange with the Law Director about official minutes and the TV replay on tape. In the minutes of February 17, on page two, he made a statement that the minutes are therefore the de jute authority for what happened at a Council RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting March 16, 2009 Page 3 meeting, and the television broadcast is the de facto authority. Mr. Smith responded that Mr. Maurer is not qualified to make a legal judgment. Mr. Smith went on to say that in litigation, people have the right to ask about what was in the recording and what people may have said. In the last sentence of this dialogue, Mr. Smith stated that, "The judge assigned to an individual case would then determine what evidence would be admitted." This last sentence is not true to the narrative of what happened. Instead, he had talked of the admissibility or non admissibility of the tape and television materials, and Mr. Smith had responded that this had nothing to do with admissibility. In response to his question of whether the tape would be admissible if a judge ruled it so, Mr. Smith responded affirmatively. LEGISLATION SECOND READING/PUBLIC HEARING -ORDINANCES Ordinance 09-09 Authorizing the City Manager to Enter into aPre-Annexation Agreement Describing the Intentions of the Parties to Annex Certain Real Property Located in Jerome Township, Owned by Kevin and Jocelyn Mullins. Mr. Smith stated that there is no further information to report to Council regarding this matter. Pursuant to Council's policy direction, the annexation applicant will enter into a pre-annexation agreement with a provision that the applicant pay any reparations due to Jerome Township. Vote on the Ordinance: Ms. Salay, yes; Mr. Reiner, yes; Mayor Chinnici-Zuercher, yes; Vice Mayor Boring, yes; Mr. Keenan, yes; Mr. Gerber, yes; Mr. Lecklider, yes. INTRODUCTION/FIRST READING -ORDINANCES Ordinance 11-09 Amending the Annual Appropriations Ordinance for the Fiscal Year Ending December 31, 2009. Mr. Keenan introduced the ordinance. Ms. Grigsby stated this is done each year to appropriate monies generated from tree replacement fees. It also appropriates funds for the capital projects. Specifically, this provides appropriations for the debt payments due in 2009 for the McKitrick TIF district and the Perimeter West TIF district. Ms. Salay noted that the ordinance refers to the widening of Emerald Parkway from Rings Road to Tuttle Crossing. Is there an agreement in place that the City of Columbus will reimburse Dublin for their portion of the costs? Ms. Grigsby responded that staff is currently working with Columbus to finalize that agreement. It is anticipated that Columbus will pay for 60 percent of the design cost, based upon the linear feet of the project. Hopefully, the agreement will be brought to Council for approval within a few weeks. Ms. Salay asked if the funds for this project were appropriated by Columbus in some type of bond issue a couple of years ago. Ms. Grigsby responded that there was funding for the design issued as part of their debt in 2007, and they are currently working on the funding for the construction in 2009. Ms. Salay wants to ensure Columbus has a mechanism in place to reimburse Dublin for their share of the project in view of the economic situation. Ms. Grigsby responded that she recalls they had $500,000 identified for the design at that time. Their share will be considerably less than that. Ms. Salay moved to dispense with the public hearing. Mr. Gerber seconded the motion. Vote on the motion: Mr. Reiner, yes; Mr. Keenan, yes; Vice Mayor Boring, yes; Mayor Chinnici-Zuercher, yes; Ms. Salay, yes; Mr. Gerber, yes; Mr. Lecklider, yes. Vote on the Ordinance: Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes; Mr. Lecklider, yes; Mr. Gerber, yes; Ms. Salay, yes; Vice Mayor Boring, yes; Mr. Reiner, yes. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting March 16, 2009 Page 4 Ordinance 12-09 Authorizing the City Manager to Enter into an Access Easement Agreement with Swickard Enterprises, Inc. Granting Rights of Access to Swickard and the City of Dublin over Certain Properties Owned by Each of the Parties Near the Intersection of Avery Road and Woerner-Temple Road. Ms. Salay introduced the ordinance. Mr. Smith stated that when the Municipal Pool South was built, the City purchased a right of entry from the Swickards to allow the City access to the land. There have been numerous debates about the Swickard Enterprises' desire to have a curb cut on Avery to their property. Because the City won't agree to provide this curb cut, the City is providing such access to the City access road. Ms. Salay stated that she spoke with Mr. Hammersmith about this matter earlier tonight. This is also the access point to the community pool, and many pedestrians and bicycles use this area. She has concerns with this serving as the access point for this property located on the corner, which will be developed in the future. Perhaps an alternative arrangement should be pursued to provide pedestrian and vehicular access to the pool, and perhaps put access to the Swickard property further to the west. Perhaps something can be agreed upon to separate the two properties. Patrons who are accessing the pool are cognizant of pedestrian and bicycle traffic, but those accessing a future mixed use on the other property would not have that level of attention to the pool-related traffic. Mr. Smith suggested that he and Mr. Hammersmith review some of the options and report back to Council by memo prior to the second reading. Vice Mayor Boring noted that the point is well taken, but when the road was built, was there no consideration given to access for this property? Mr. Hammersmith responded that he was not involved in the design of Woerner- Temple. He will research this in the records. Based on where the access point is laid out and the median break, he believes it was intended to be a shared access, regardless of whether there would be a future pool or how the Swickard property would be developed. It was not known at that time that a pool would be located on the property. Mayor Chinnici-Zuercher stated that the proposed legislation indicates a prohibition for large vehicles or equipment using this access. What would it then be used for? Mr. Hammersmith responded that the intent is that it not be used for construction access of the Swickard property. Vice Mayor Boring asked what compensation has been paid to the Swickards to date. Mr. Smith responded that they were paid $4,200 four to five years ago, based on an appraisal for a temporary right of entry at the time. Vice Mayor Boring stated that it appears Swickard now wants the access back. Mr. Smith responded that if she is suggesting that Swickard should now pay the City, those negotiations were not successful. Because they cannot have a curb cut on Woerner-Temple and cannot have one on Avery, staff felt this was the only feasible solution. There will be a second reading/public hearing at the April 6 Council meeting. Ordinance 13-09 Rezoning of Approximately 19.62 Acres, More or Less, Located on the West Side of Avery Road, Approximately 4,000 Feet South of Rings Road, from R, Rural District, to PUD, Planned Unit Development District. (National Church Residences at Avondale Woods -Case 09-0072) Ms. Salay introduced the ordinance. Ms. Swisher stated that is a request for zoning and preliminary development plan approval for 19.62 acres, including a 17-acre development site and 2.62 acres of dedicated right-of-way from R, Rural District to PUD, Planned Unit Development RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting March 16, 2009 Page 5 District. The proposed rezoning would allow a 200-unit senior housing development and cone-story community center. The National Church Residences organization came before Council at the June 19, 2008 study session, where they discussed with Council their desire to locate a facility in Dublin. With support from Council, they worked with staff to identify potential sites. Ultimately, a concept plan application was filed and reviewed by P&Z in December of 2008. After incorporation of the comments from P&Z, the applicants have refiled for arezoning/preliminary development plan, which was recommended for approval by P&Z on March 5, 2009 with five conditions as outlined in the memo. • The site is located on the southeastern corner of the southernmost parcel in the City of Dublin. The city limits run along the development site on the southern and eastern property lines. • The Community Plan specifies mixed residential, low density, which is intended to provide a mix of housing options for individuals of all ages. It recommends a density of three dwelling units per acre over the entire 140-acre parcel. • The site is also identified in the Southwest Area Plan. Various bubbles on the Plan indicate different residential densities of land use. The higher density portion is located in the southern portion of that parcel, which is approximately where the NCR development is located. The lower density is located to the north and west of that area. • The proposed rezoning would permit asingle-story community center in the center of the site, with two three-story residential buildings on the north and south sides of that center. Both buildings would contain a total of 100 dwelling units. Athree-fourths acre outdoor recreation area is located to the south of the community center. A total of 30 single-story cottages are located around the perimeter of the sites and contain the remaining 100 dwelling units for the development. • Access to the site is provided from a proposed public roadway called Avondale Boulevard. It is a three-lane roadway tapering to two lanes. • A traffic impact study has been submitted which will be finalized prior to final development plan approval. • Two access points into the site are proposed from Avondale Boulevard, with a roadway that circulates throughout the site. Groups of parking spaces are located in offset groups off of the internal roadway. • The applicant proposes providing a total of 23 percent open space for this development. Code would generally require 25 percent open space, but Council is permitted to allow a text with less that 25 percent. Based on the type of development and the quality of the open space, with amenities and walking path provided throughout the site, Planning's opinion is that the amount of open space is sufficient. • The development would take place in two phases, with the eastern halves of the three-story buildings and the entire community center developing in the first phase as well as the northern 15 cottages. The remaining cottage units and western halves of the three-story buildings would be built in the second phase. All roadway improvements would be done with the first phase of the development. Based on the P&Z's comments, the applicant has revised the architectural concepts for the development, recognizing the gateway location of this development. They have incorporated high quality materials and architectural elements. Planning has evaluated this proposal based upon review criteria for rezonings and preliminary development plans, and recommends approval with the five conditions at the second reading. Mr. Langworthy added that subsequent to the P&Z review, the property owner has come forward to NCR and indicated to them that they have an issue with the way the density for the property is being calculated. It is the property owner's understanding that these roughly 20 acres would be excluded from the density calculation for the entire site. When the P&Z reviewed this rezoning application and Planning presented their recommendations, they looked to the Community Plan for guidance regarding density. The Community Plan for this entire area reflects a density of three dwelling RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting March 16, 2009 Page 6 units per acre, an increase from the 1997 Plan which reflected two units per acre. Homewood is asking for Council's consideration that the subject 20 acres be excluded from the three units per acre designation so that their remaining 120 acres of the 140 acre parcel would meet the three units per acre density. If the 20 acres at this proposed density were included in the overall property calculation, it would bump up the density for the 140 acres to four units per acre, which would not be consistent with the Community Plan. He noted that there is adequate time to work this issue out with NCR and Homewood prior to the second reading. After Council's input, staff would come back with a proposal that will attempt to be generally in compliance with the Community Plan, but will carve out these 20 acres to treat it as a separate piece of property. Discussion followed regarding clarification of how the density calculations were done for the entire 140 acres owned by Homewood and how it would be impacted by allowing removal of these 20 acres from the calculation. Mr. Lecklider stated that his assumption with the Community Plan in this area is that it was not contemplated that a segment of this property would be utilized for this population group. The senior housing would likely have fewer trips associated with it, resulting in less traffic impact. Mr. Langworthy responds that is actually contemplated in the plan. The Homewood plan at first submittal called for higher density in the southern portion and lower density in the northern part. This project is essentially in line with that pattern, so the area plan did contemplate this. The density looked at was for the entire 140 acres -not just for this 20 acres. There are 12 units per acre in the piece highlighted on the map in red, and it drives up the density on the rest by one unit per acre. In total, it would add 60 units to the remainder of the Homewood project. Mr. Keenan asked what is planned for the remainder of the Homewood land. Mr. Langworthy stated that there is no proposal submitted at this time. Mr. Keenan stated that the reason for allowing this level of density for NCR was to create some affordable housing for that segment of the community. Mr. Lecklider asked about the traffic modeling, and whether it can be adjusted for this type of use. Mr. Langworthy responded that an additional 60 units over this area of property would not likely result in a significant traffic increase, but he deferred to Mr. Hammersmith. Vice Mayor Boring stated that the additional units could impact the number of students generated for the schools. Mr. Langworthy agreed. The anticipation is that most of the units in the remaining portion would be single family. Mr. Gerber recalled a previous proposal for this parcel. What density level was proposed? Mr. Langworthy responded that it included 270 units over 140 acres -approximately two units per acre. It met the 1997 Community Plan density guidelines. Ms. Salay asked how this complies with the intent of the Community Plan. Mr. Langworthy responded if the density is spread over the entire 140 acres, it would meet the Community Plan densities. Homewood is asking for these 20 acres to be excluded from the calculation. Mr. Gerber asked how this impacts the agreement with NCR. Mr. Langworthy responded that from what staff has been told, Homewood would not sell the property to NCR if this land is not excluded from the overall density calculation Mayor Chinnici-Zuercher stated that this would therefore prevent the City from providing another type of alternative senior housing for residents. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting March 16, 2009 Page 7 Mr. Langworthy stated that in fairness to Homewood representatives, who are present tonight, they did not understand how the density would be calculated. They indicated that they had believed that Dublin would pull these 20 acres out and treat it separately; due to the nature of the project. Mr. Keenan asked Mr. Foegler to comment Mr. Foegler stated that it is worth noting that because there is no rezoning application submitted for the residual of this parent tract, there is no way for Council to confirm what that density will be when it is brought in for rezoning. What is being sought at this time is a sense that Council will view conformity with the Plan as being three units per acre over the residual tract, in addition to the rights established for these 20 acres. If Council would like staff to examine the basis for the density of the Plan and consider such factors as traffic and compatibility of adjacent uses, in order to see if there is a rationale for carving out this higher density, that can be done. This research could be done between now and the second reading. Ms. Salay responded that she would find this analysis helpful, as well as information about how to memorialize what is agreed upon going forward. Mr. Langworthy responded that staff will bring forward some text to be included in the minutes that would justify a departure from the Community Plan. It is Council's policy decision of whether or not to accept that deviation. It would be important to do so to avoid having future requests to take other portions of the site out of the 140 acres for separate density calculations. Mayor Chinnici-Zuercher requested that staff review the traffic patterns carefully, in view of the high density areas of Columbus directly to the west. Mr. Langworthy responded that they are aware of this, and have been in communication with the City of Columbus traffic department. The traffic study is still under review by both communities. The preliminary finding is that there will be left turn lanes needed on Avery. There are some differences in the City of Columbus and Dublin's future expansion plans for Avery Road. However, staff anticipates the communities can work this out prior to future improvements. Mr. Keenan stated that Council will need to have this kind of information for future planning purposes. Vice Mayor Boring stated that, at a minimum, there should be a compromise. Mr. Langworthy stated that he has requested that Homewood be patient and allow time for this discussion to occur. What NCR needs at this point is discussion regarding their project and Council's views, absent this separate issue. Mr. Reiner stated that the site plan is excellent and could likely be used for some other sites as well. Mr. Langworthy responded that there may be a need to postpone this ordinance until the April 20 Council meeting to allow staff to work on these details. Vice Mayor Boring asked if there is another site available that could accommodate the NCR project. Mr. Langworthy responded that NCR representatives are present to address this. He understands that there is a deadline for grant submittal for this site which is of immediate concern. Mayor Chinnici-Zuercher invited the applicant to testify. Matt McClure National Church Residences, 2335 North Bank Drive, Columbus thanked Council for their consideration of this project. He understands that it is Council's desire to have this type of housing available in Dublin for seniors. One point to consider is that the density for these types of projects is often higher for various reasons. Primarily, these campuses contain three-story buildings and cottages surrounding a community center, and all activities in this community feed from this RECORD OF PROCEEDINGS Minutes of Dublin City Council Meetin6 March 16, 2009 Page 8 center. To meet the three units per acre would require a much larger site and would not lend itself to the tight campus desired. Ms. Salay stated that Council had understood at the outset that this project would have higher density, and they are supportive. Council's disappointment is with the seller of the land. Council is not being critical of NCR's project whatsoever. Mr. McClure responded that his point is that Council should consider the density of their 17 acres. Objectively, he feels that Homewood is being asked to reduce the available units on their remaining property, and thereby to somewhat subsidize the NCR project's higher density. There will be a second reading/public hearing at the April 6 Council meeting. Ordinance 14-09 Changing the Name of Wichita Street to Wichita Drive in the City of Dublin, Ohio. Mr. Gerber introduced the ordinance. Mr. Hammersmith stated this is a housekeeping item brought to staff's attention by the Franklin County Auditor's office. There appears to some discrepancy in the suffix of "street" and "drive" with this roadway, located north of Tara Hill Drive. Staff has contacted the nine affected residents to make them aware of this change, and has heard no feedback. Staff's understanding is that the residents have used "Wichita Drive" as their address over the years. Staff therefore recommends formal adoption of the ordinance at the April 6 Council meeting. Mr. Lecklider asked if staff believes residents will have adequate time to respond to this issue. Mr. Hammersmith responded that tonight's meeting is the best opportunity to publicize this change to the neighborhood. Vice Mayor Boring noted her concern with the mapping software available and how such changes are communicated to them. Mr. Hammersmith responded this is a good question. Staff has not had much success in contacting MapQuest regarding these changes. This same situation occurred with Hospital Drive versus Perimeter Loop Road. Over time, as mapping is updated through GIS at the county level, MapQuest and others will incorporate the new information. There will be a second reading/public hearing at the April 6 Council meeting. Ordinance 15-09 Changing the Name of Darby Street to North Street Beginning at High Street and Terminating at a Point Approximately 245 Feet West of High Street in the City of Dublin, Ohio. Mr. Gerber introduced the ordinance. Mr. Hammersmith stated that in an effort to implement improved wayfinding in Historic Dublin, and making easier navigation for visitors, staff has recognized the confusion regarding Darby Street. The street actually begins at Bridge Street, between the vet hospital and the "BriHi" project, extends north, making a 90-degree turn at the library to head east, intersecting with High Street. This results in two intersections - Bridge/Darby and Bridge/High. Staff is proposing renaming the small piece of Darby Street between High Street and in front of the library to North Street, consistent with North Street on the east side of High Street. There are no addresses on this portion of Darby Street, so it would not require any changes in addressing. Mr. Gerber noted that at the corner of Bridge and High, the project under construction is called, ""BriHi." Is the building to be called, ""BriHi?" What is the intent? Mr. Hammersmith responded that ""BriHi" is the name of the privately-owned areas within the Stonehenge project. Mayor Chinnici-Zuercher followed up, noting that the sign on I-270 indicates, ""BriHi District." She wasn't aware the City had a "BriHi District." RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting March 16, 2009 Page 9 Ms. Ott responded that Ms. Puskarcik can address the I-270 signage. In regard to the project at Bridge and High, ""BriHi Square" is the name of the Stonehenge Company's portion of the project. It is Council's decision of whether to select a different name for the public plaza. Mr. Gerber and Mr. Keenan agreed that they would prefer the public plaza be named something other than ""BriHi." It was the consensus of Council to do so. Ms. Salay asked how the name, ""BriHi" came about? Ms. Puskarcik responded that focus groups were conducted several years ago with some business owners and landowners in Historic Dublin. This name for Bridge and High resulted from that process. At one point, it was to be "Hi-Bri" and it was suggested it instead by ""BriHi." It is a marketing name for the district. Over the past couple of years, they have heard the area called, "Historic District" more often than "Historic Dublin." In focus groups, it was proposed to be the ""BriHi District in Historic Dublin." Of late, more common reference is to the Historic District -creating some confusion. It was intended as a marketing umbrella of an area within Historic Dublin - not all of Historic Dublin. Mayor Chinnici-Zuercher stated that a district conveys more than a building. The freeway signage indicates "BriHi District." Ms. Puskarcik responded that the Stonehenge property is named ""BriHi Square." That name applies to the building. The "BriHi District" is an area made up of the businesses - a destination. Mayor Chinnici-Zuercher asked for clarification of which businesses are included in the district. Ms. Puskarcik responded it would include those located close to Bridge and High and the roads emanating from Bridge and High. The President of HDBA made a presentation a couple of years ago, and mentioned the "BriHi District," which has been trademarked. The sign on I-270 can be there temporarily, based upon the agreement with them. Mayor Chinnici-Zuercher noted she does not recall Council ever changing the Historic District's name to this, and that is what is being suggested. This name could not include only certain businesses, if it applies to an area. It will be very confusing. Mr. Keenan stated that this name would be synonymous with the square, it people begin using "BriHi Square" and "BriHi District." Ms. Puskarcik stated that the Stonehenge project is called "BriHi Square." This can be added to the next HDBA meeting agenda, if Council desires. Vice Mayor Boring noted that it is problematic, as a shopping center could be named after one business in the center instead of its formal name. Mr. Keenan added that he believes Council does not in general believe ""BriHi" is in keeping with the spirit of all the other names throughout the City. Mr. Gerber agreed with the Mayor, noting concern with carving out pieces of the District and calling them one name. The goal is to promote the entire district, which is not a large area. It is important to have one name for the entire area. Ms. Salay stated that it is identified as Historic Dublin. Mr. Lecklider clarified that if Council had anticipated this, perhaps more discussion with Stonehenge about the name of their project could have taken place. Mr. Keenan asked who has the authority over naming the square. Ms. Puskarcik responded that "BriHi Square" is the name of the project. Ms. Ott added that "BriHi Square" refers to the two privately owned buildings on privately owned land. The public areas have yet to be named by Council. Because of lack of a formal name, they have been referred to as "BriHi Square." Staff can bring back some alternatives, if Council desires. RECORD OF PROCEEDINGS Dublin Citv Council March 16, 2009 Page 10 Held 20 Mr. Gerber noted that a sign on I-270 indicates ""BriHi District." Mr. Lecklider stated that he understood that "BriHi Square" is the name of the Stonehenge project. Has Stonehenge formally named their project, consisting of the two buildings as "BriHi Square"? Ms. Ott responded affirmatively. Mr. Keenan stated that the City would retain the right to name the public plaza. Mr. Lecklider noted that if Stonehenge has undertaken marketing efforts under this name, it may not be possible to change this. Mr. Keenan suggested that staff have discussion with Stonehenge about this. Ms. Ott noted that staff meets with Stonehenge weekly, and staff can indicate that Council would like some clarification about this. Mr. Keenan suggested that staff bring back information on this at the next Council meeting. Ms. Puskarcik added that HDBA was looking at "BriHi District as a marketing tool -not necessarily a designated place, but rather an umbrella for those businesses. Staff can also have that discussion about clarification with HDBA. In regard to the 270 signage, which is destination signage, that can be revisited as well. Mayor Chinnici-Zuercher noted that the freeway signage definitely indicates that such a District exists, so this does need to be revisited. Ordinance 16-09 Authorizing the City Manager to Enter into an Agreement for the Purchase of a 0.054 Acres, More or Less, Fee Simple Interest, a 0.049 Acres, More or Less, Standard Highway Easement, and a 0.446 Acres, More or Less, Temporary Construction Easement from 7001 Post Road LLC, Said Acreage Located on Post Road, West of State Route 33, City of Dublin, County of Union, State of Ohio, and Declaring an Emergency. Mr. Lecklider introduced the ordinance. Mr. Smith stated that this relates to the interchange project. The property owner has accepted the City's appraisal, and staff is recommending adoption. Mayor Chinnici-Zuercher noted she is surprised with the cost in view of the limited amount of acreage involved. Mr. Smith responded that the cost relates to having equipment on site for two years during the project. Mr. Reiner moved to dispense with the public hearing and treat this as emergency legislation. Mr. Lecklider seconded the motion. Vote on the motion: Mr. Keenan, yes; Mr. Reiner, yes; Mayor Chinnici-Zuercher, yes; Mr. Gerber, yes; Mr. Lecklider, yes; Ms. Salay, yes; Vice Mayor Boring, yes. Vote on the Ordinance: Vice Mayor Boring, yes; Mr. Lecklider, yes; Ms. Salay, yes; Mayor Chinnici-Zuercher, yes; Mr. Keenan, yes; Mr. Reiner, yes; Mr. Gerber, yes. Ordinance 17-09 Authorizing the City Manager to Accept the Dedication of a .46 Acres, More or Less, Utilities Easement from the Dublin City Schools District Board of Education for the Construction of a Watermain on the North Side of Emerald Parkway, East of Coffman Road, West of McDevitt Drive, City of Dublin, County of Franklin, State of Ohio, and Declaring an Emergency. Mr. Lecklider introduced the ordinance. Mr. Smith noted that Dublin Schools is donating the land needed for a utility easement for construction of the watermain related to Emerald Parkway. Ms. Salay suggested a thank you letter be sent to the Board of Education. Mr. Gerber moved to dispense with the public hearing and treat this as emergency legislation. Ms. Salay seconded the motion. RECORD OF PROCEEDINGS Minutes of Dublin City Council M_eetnQ March 16, 2009 Page 11 Vote on the motion: Mr. Keenan, yes; Mr. Reiner, yes; Mayor Chinnici-Zuercher, yes; Mr. Gerber, yes; Mr. Lecklider, yes; Ms. Salay, yes; Vice Mayor Boring, yes. Vote on the Ordinance: Mr. Reiner, yes; Mr. Lecklider, yes; Ms. Salay, yes; Vice Mayor Boring, yes; Mr. Gerber, yes; Mayor Chinnici-Zuercher, yes; Mr. Keenan, yes. INTRODUCTION/PUBLIC HEARING -RESOLUTIONS Resolution 08-09 Appointing Members to the Various City Boards and Commissions. Vice Mayor Boring introduced the resolution. Vice Mayor Boring, Administrative Committee Chair noted that Council conducted interviews on March 4 and 11 and has recommendations for appointments for all positions except that of Historic resident representative to the Architectural Review Board. Council will complete this appointment at a future date. She noted the following recommendations: • Section 1: Chris Amorose Groomes and Flite Freimann reappointed to four-year terms on P&Z; • Section 2: Carl Karrer to a three-year term as Dublin Historic Society representative and Robert Schisler to a three-year term as merchant representative to ARB; • Section 3: Victoria Newell reappointed to a three-year term on BZA; Brett Page appointed to a three-year term on BZA; and Patrick Todoran appointed to the unexpired term of Keith Blosser on BZA; • Section 4: Christine Gawronski and Dona Givens reappointed to three-year terms on CSAC; Kevin Cooper appointed to a three-year term on CSAC; • Section 5: Susan Burnes appointed to a three-year term as City representative to the Dublin Convention and Visitors Bureau Board; • Section 6: Jamie Boff and David Cecutti reappointed to three-year terms on PRAC; and • Section 7: DeWayne Howard appointed to a three-year term on the Personnel Board of Review. She moved approval of the resolution with the recommendations as outlined. Mr. Gerber seconded the motion. Mr. Lecklider asked for Council's consideration of tabling Section 1 to allow an opportunity for Council to discuss whether or not there will be a Council presence on the Commission. His concern is that voting on this could effectively eliminate - potentiallyfor years to come -- a Council presence on the Commission. The two members in question could continue to serve, and as a result of the discussion, may ultimately be reappointed. This past year is the first in its history that P&Z has not had a Council presence on the Commission. It warrants discussion, under the circumstances, without any presumption of what the outcome may be. Ms. Salay agreed, noting she is interesting in having discussion regarding this important appointment. Mr. Reiner asked if this is a motion and second. Ms. Salay responded that there is a motion on the floor that would need to be amended. Mr. Keenan asked what type of issues would result from not making these appointments. Mr. Smith responded that the next P&Z meeting is on April 2 and Council does not meet again until April 6. Council could move to hold over their appointments until this issue is resolved. Ms. Salay suggested that the appointments be made for a temporary period of 60 days. Mr. Smith noted this could be done, and would be preferable to having only afive- member Commission. Mr. Lecklider and Ms. Salay were in agreement with this. Mayor Chinnici-Zuercher asked for clarification of whether Mr. Lecklider is proposing an amendment to Vice Mayor Boring's motion on the floor. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting March 16, 2009 Page 12 Mr. Lecklider responded affirmatively and so moved. Ms. Salay seconded the proposed amendment. Mayor Chinnici-Zuercher asked for guidance -should Council now vote on the amendment to the motion on the floor? Mr. Smith responded that procedurally, Council must first vote on the amendment and then on the main motion. Mr. Keenan asked for clarification regarding the proposed amendment. Mayor Chinnici-Zuercher responded that the motion is that the two P&Z appointments would be tabled, but for what period of time? Mr. Lecklider clarified that he is suggesting amending Section 1 to make temporary reappointments to P&Z fora 60-day period. Mr. Keenan noted that there is much research needed, including what other municipalities do in this regard. Is the scope of the discussion having a Council Member on P&Z, rotation of membership, or changing the entire structure and having a non-voting member? There are many options. This will require more than 30-60 days of research and discussion time. Mr. Lecklider noted he does not believe this would require more than 60 days. Mr. Keenan disagreed. Vote on the amendment: Mr. Keenan, no. Mr. Lecklider interjected that if some members believe 60 days is not adequate, they should suggest a long period of time. Following brief discussion, Mr. Lecklider amended his motion to eliminate the 60-day time period. Mayor Chinnici-Zuercher asked him to restate his amendment for clarification purposes. Mr. Lecklider moved to delete Section 1 of the proposed resolution, pending Council's research and discussion (with staff's assistance) regarding the service of a Council Member on the seven-member Planning & Zoning Commission. Ms. Salay seconded the motion. Vote on the amendment: Mr. Keenan, no; Mr. Lecklider, yes; Mr. Gerber, no; Ms. Salay, yes; Mayor Chinnici-Zuercher, no; Vice Mayor Boring, no; Mr. Reiner, no. Mr. Smith confirmed that the amendment has not passed, and Council can proceed to vote on the original motion. Vote on the motion to approve Resolution 08-09 with the recommendations as outlined by Vice Mayor Boring: Mr. Gerber, yes; Mayor Chinnici-Zuercher, yes; Mr. Lecklider, yes; Mr. Keenan, yes; Ms. Salay, yes; Vice Mayor Boring, yes; Mr. Reiner, yes. Mr. Lecklider explained that because the resolution contains all of the appointments of candidates to boards and commissions, he does not want to vote "no" with respect to the balance of the appointments. He therefore voted in favor of this motion. Mr. Keenan pointed out that if Council would pursue the alternative of placing a Council Member back on the Commission, Council would be in the position of eliminating a citizen's position on P&Z. He believes there is adequate time to work through this issue prior to the annual recruitment process which begins in the first quarter of 2010. Mr. Reiner noted that he is in agreement with Mr. Keenan's viewpoint and therefore supported the resolution as drafted. Mayor Chinnici-Zuercher moved that Council meet as a Committee of the Whole prior to September to discuss the composition of the Planning & Zoning Commission, including investigating what other communities do in this regard. Mr. Gerber seconded the motion. i RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeti March 16, 2009 Page 13 Held 20 Vice Mayor Boring asked about the costs of an election to amend the Charter in regard to Planning & Zoning Commission structure, if that was determined necessary at the end of this process. Ms. Grigsby recalled that the costs for previous special elections were in the range of $15,000. Staff can check and report back. Mr. Smith added that amending the Charter would require various steps. He can provide a memo to Council about the process. Mr. Keenan suggested that if Charter amendments are warranted for this item, there may be a need to include other items as well. Mayor Chinnici-Zuercher noted there may be short-term and long-term goals to include in such discussion. Vote on the motion: Mr. Lecklider, yes; Mr. Gerber, yes; Ms. Salay, yes; Mayor Chinnici-Zuercher, yes; Vice Mayor Boring, yes; Mr. Reiner, yes; Mr. Keenan, yes. Mayor Chinnici-Zuercher thanked all of the outstanding candidates who applied for board and commission service. She noted that Monday, March 30 is the orientation and training session scheduled for all current and newly appointed board and commission members. Resolution 09-09 Waiving Competitive Bidding Requirements, Pursuant to Section 8.04 ("Contracting Procedures"), Paragraph (C) ("Waiver of Competitive Bidding") for Alcoholic Beverages for the Dublin Irish Festival. Mr. Gerber introduced the resolution. Mr. Caplinger stated that staff is seeking Council's approval to waive competitive bidding for this purchase related to the Dublin Irish Festival. Wallace Maurer, 7451 Dublin Road stated he would withhold his questions on this item until he discusses the matter with Ms. Puskarcik. Vote on the Resolution: Vice Mayor Boring, yes; Mr. Keenan, yes; Mr. Reiner, yes; Mayor Chinnici-Zuercher, yes; Mr. Gerber, yes; Mr. Lecklider, yes; Ms. Salay, yes. Resolution 10-09 Authorizing the City Manager to Execute an Agreement with Union County and with the Columbus and Franklin County Metropolitan Park District for a Pedestrian Bikepath Connection. Mr. Lecklider introduced the resolution. Mr. Hammersmith stated that this allows an agreement to facilitate a connection of the Bikepath on the north side of Tullymore Drive to the Bikepath within the Glacier Ridge Metro Park - at the intersection of Hyland-Croy and Tullymore Drive. The exhibit reflects the location of the proposed path and crossing on Hyland-Croy. An innovative hardware set-up, with a motion activated crossing system will be used in this location. He displayed depictions of the system, which will be operational 24 hours per day, seven days per week. Staff has tested the system in the shop, and believes this is a good compromise to continually operating flashing lights. The cost of the system is approximately $20,000 per location, and there is some asphalt and drainage work related to the path which will cost $7,000. Metro Parks and Union County have agreed to this installation, and staff recommends adoption of the resolution. Wallace Maurer, 7451 Dublin Road asked for clarification -that Dublin is going to build connectors, but is not going to build any bikepaths on property it does not own. Has Columbus built a Bikepath in the area called the Columbus & Franklin County Metropolitan Parks District, and Dublin is connecting with that one? Mr. Hammersmith responded that Dublin does support interconnectivity on a regional basis of Bikepath systems and works cooperatively with Columbus wherever possible. Mr. Maurer asked if Dublin is building any bikepaths that traverse property it does not own. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting March 16, 2009 Page 14 Mr. Hammersmith responded that in this case, Dublin will build a bikepath on Metro Parks property, which is why the agreement is required. Mr. Maurer summarized that the City is then comfortable with paying for bikepaths on property not in Dublin, noting that the paths are very convenient. Mr. Hammersmith responded that Dublin residents use the Glacier Ridge Metro Park on a consistent basis. Vote on the Resolution: Ms. Salay, yes; Vice Mayor Boring, yes; Mr. Reiner, yes; Mr. Lecklider, yes; Mr. Gerber, yes; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes. Resolution 11-09 Authorizing the City Manager to Enter into an Agreement with Subway Real Estate Corporation for the Operation of a Subway Restaurant within the Dublin Community Recreation Center. Mr. Lecklider introduced the resolution. Mr. Earman noted that a draft lease agreement is included in the packet related to the opening of a Subway Restaurant in the Dublin Recreation Center. He noted that in 2007, proposals were solicited and one received. Staff entered into agreement with TehKu Tea Company, who in August of 2008 closed their operation due to inability to prosper. Staff then surveyed patrons who indicated continued desire for service. Criteria were established for the search for a proposal, in order to ensure success. These included prompt service, healthy food options, and a business with a proven success in a similar venue. One business was found to be capable of meeting all of these criteria -Subway. Lengthy discussions with Subway followed, with the corporate office and franchisee. Staff is confident that this venture will be successful. A conceptual photograph is included in the packet. The signage would be limited to the interior of the facility, at the City's discretion. Hours of operation would be consistent with the general hours of the DCRC. The menu offerings are included in the packet, and they include breakfast and coffees and teas. There is a flat fee to be collected monthly, and each year that rate would increase depending upon the rate of inflation - estimated at three percent per year. Representatives from Subway are present tonight to respond to any questions. Staff recommends approval of the agreement. Mr. Gerber asked if this is a triple net lease - in which the lessee pays rent, utilities, taxes, insurance, maintenance, etc. Mr. Earman responded that the agreement calls for Subway to pay for all of these items. Mr. Gerber asked who will pay for the build out of the facility. Mr. Earman responded that Subway pays for this as well. There is no upfront investment by the City. Mayor Chinnici-Zuercher asked about the location of the facility. Mr. Earman responded that they will be in the hallway where TehKu operated. They also have use of the catering kitchen for storage of dry goods and/or refrigerated items, and they will bring in necessary equipment. It should not interfere with the existing catering operations for the community hall. Vice Mayor Boring asked if they will provide separate refrigerators for their use. Mr. Earman responded that they are required to use their own equipment, and the Board of Health permits will issued under their own permit -completely separate from the City's equipment. Vice Mayor Boring asked where the tables shown in the rendering will be accommodated in the DCRC. Mr. Earman responded the renderings are designed to show the decor and color schemes and counter space. They will locate tables and chairs in areas of the DCRC where they won't interfere with traffic of patrons. Vice Mayor Boring stated that adequate seating would be an important consideration for patrons. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting March 16, 2009 Page 15 Chuck Tennenbaum, Subway Development staff, introduced Sherry Todd, owner of the franchise and Jim Early, Subway. Sherry Todd, current franchisee of Subway, noted that she has worked for the Development office for 20 years. She has a degree in marketing, has owned three stores, and currently owns one. They have been very successful in other non-traditional locations, such as Children's Hospital and Mt. Carmel Hospital. Jim Early, 4747 Bridle Path Lane has been working at Subway since 1982. They have developed several of these smaller, high volume spaces in similar facilities and don't anticipate any problems. The space is very adequate, and their items will be self contained in locking cabinets. Mayor Chinnici-Zuercher welcomed them to the community and asked about the timeframe for construction and opening. Mr. Smith responded that staff is working with their general counsel to finalize a couple of items. Mr. Tennenbaum noted that they have similar small stores in Eastland and Tuttle Malls. Similar to Mt. Carmel East Hospital, this will offer a healthy alternative for patrons. In response to the Mayor, Mr. Smith confirmed that this legislation provides authority to the City Manager to execute the contract when it is finalized. A copy of the final contract will be provided to Council. Mr. Gerber asked for detail about the outstanding items. Mr. Smith responded that they relate to the vending machines the City intends to retain on site, and some minor items. He can follow-up with Council tomorrow. Wallace Maurer, 7451 Dublin Road noted that he supports this proposal. Is this considered a Subway to serve mainly the DCRC, or is it viewed as one of the various Subway locations in Dublin? There could be implications related to parking. Mayor Chinnici-Zuercher responded that there would not be external marketing of this Subway. For the most part, it would serve the patrons of the DCRC. Vote on the Resolution: Mr. Gerber, yes; Mr. Reiner, yes; Ms. Salay, yes; Vice Mayor Boring, yes; Mr. Lecklider, yes; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes. Resolution 12-09 Authorizing the City Manager to Enter into a Mutual Aid Agreement with the Central Ohio Public Information Network (COPIN). Mr. Lecklider introduced the resolution. Ms. Puskarcik stated that staff is seeking approval of this resolution, allowing the City Manager to execute an agreement with COPIN. There has been an informal network of suburban public information officers that has existed for years, but this would include other entities who would work together in a community emergency situation. She summarized the covenants in the agreement related to each jurisdiction who would participate: • Retain responsibility for all activities involved in public information services within its territory and function, subject to its own policies and regulations; • Retain responsibility for studying the disaster hazards of the area and surveying internal resources for personnel, equipment and supplies; • Maintain liaison, through the executive level or chief communications officer, with COPIN to ensure close cooperation in emergency communications planning and coordination of personnel resources; • Consider involving one or more members of its organization to serve as emergency preparedness and relief communication members of COPIN. Mr. Reiner asked if there are any costs for the City associated with this agreement. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting March 16, 2009 Page 16 Ms. Puskarcik responded that there are not. However, if another jurisdiction calls Dublin for assistance, that jurisdiction might reimburse Dublin and Dublin would do the same. Mr. Gerber asked what would constitute the reimbursement -employee expenses and travel time? Ms. Puskarcik responded it would include travel time, meals, lodging, out of pocket expenses - to the extent not covered by the employer of the COPIN member. Mr. Gerber summarized that reimbursement would not therefore include the wages for an employee who travels to the otherjurisdiction to lend assistance and for the time the services are rendered. Ms. Puskarcik stated that is correct. The reimbursement is related to out of pocket expenses. Mr. Keenan stated that it constitutes mutual aid, and Dublin could call upon another jurisdiction for similar assistance as needed. Mayor Chinnici-Zuercher added that there is nothing obligating the City to render this service when an emergency situation affects all jurisdictions within a region. This is designed to make assistance available for certain types of situations. Ms. Puskarcik added that the jurisdiction would have to make an official request for such mutual aid. In addition, what has been learned through NIMS training will be applied in a standard way throughout the communities in terms of operation of joint information centers. Vice Mayor Boring asked if there will be a review at a future date of the operations/effectiveness of this network. Ms. Puskarcik responded that the contract runs for three years and can then be evaluated. Mayor Chinnici-Zuercher noted she has been involved with COPIN as part of her FirstLink work with the Franklin County Emergency Management Association. This network has existed informally for an extended period, and it was agreed upon by the EMA and the Columbus Department of Health that the arrangement needed to be more formalized to respond to disaster situations. COPIN will be evaluating this going forward on a regular basis. Vote on the Resolution: Mr. Lecklider, yes; Mr. Keenan, yes; Mr. Reiner, yes; Vice Mayor Boring, yes; Mayor Chinnici-Zuercher, yes; Ms. Salay, yes; Mr. Gerber, yes. OTHER • Fee Waiver Request for Rezoning Application -Indian Run Methodist Church (Mayor Chinnici-Zuercher noted she will abstain from participation in this discussion, due to her membership in the church and left the Chambers.) Ms. Adkins stated that staff does not have a formal presentation. They have been working with the church for over a year in regard to their plans for the Humbert farm property which had been rezoned in 2005. As part of the discussion, staff recognized that the PUD zoning had expired and discussed the option of bringing that forward to Council. The applicant decided to proceed with a rezoning, but requests a waiver of the $4,300 rezoning application fee. The applicant is present to respond to questions. Vice Mayor Boring asked her to summarize staff's recommendation. Ms. Adkins stated that staff recommends disapproval of the fee waiver, based on Council's recent discussions of their fee waiver policy. The direction staff is seeking is whether Council wants staff to initiate aCity-sponsored rezoning of the property, as the PUD has expired. This is an option for a planned district, whereby Council can rezone a property back to its previous zoning of R-1. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting March 16, 2009 Page 17 Vice Mayor Boring asked if the church should pursue the rezoning for an expansion on this property -potentially with various uses -- would the City be able to exercise any control? Ms. Adkins responded that there is some control over a straight district R-1 zoning. However, the federal Religious and Land Use Act now guides such regulation of religious institutions. There are some limitations the City can impose through zoning, and the Law Director can address this. Mr. Reiner asked if the City has granted fee waivers to other religious institutions who have requested waivers. Ms. Adkins responded that there have not been many similar requests from churches The church use is permitted in residential districts and therefore, the zoning is often in place. Mr. Reiner asked for clarification of staff's recommendation of disapproval. Ms. Adkins responded that the recommendation is based upon Council's discussion regarding fee waiver policy over the past year. Council's focus is geared more specifically to homeowner associations and neighborhood beautification, while not supporting other waivers in the community. Ms. Salay noted that a number of churches in the community have undergone expansions, and she assumes they obtained permits and did not request fee waivers. She is concerned with a precedent being set, although it is a rezoning application and not a building permit. Is staff aware of any other churches which have requested or received fee waivers? Ms. Adkins responded that staff's research indicates that there have not been many fee waivers granted for churches, but there have not been many requests for such waivers. Vice Mayor Boring asked what kind of church expansions have occurred where they would have needed permits? She recalls St. Brigid having an expansion in recent years. Ms. Adkins responded that she does not know, but can provide a report to Council. Mr. Gerber noted he served on P&Z when this property was rezoned to a PUD. What has transpired since that time? Ms. Adkins responded that her information indicates that the church purchased the property sometime shortly after the final development plan for the PUD was approved. She cannot speak to the reasons the Humberts sold the property to the church. Vice Mayor Boring invited the applicant to provide testimony Greg Liening, representing Indian Run Methodist Church offered to respond to questions. The history he is aware of is that the church acquired the property in 2005, and at that time, the PUD zoning had not been developed. The church is seeking to have the rezoning changed back to R-1, as Ms. Adkins has described. Ms. Grigsby stated that there are building permits and other fees related to church expansions that have been paid by other applicants. She does not recall any requests in the past for waivers of those fees. Vice Mayor Boring noted that this fee waiver request is for the rezoning application. They would still need to obtain building permits. The staff report noted expiration of the PUD zoning. Doesn't it automatically reverse to the previous rezoning if not acted upon? Ms. Adkins responded that the PUD regulations do not provide for such an automatic change in zoning. The regulations do indicate that Council may initiate a change in zoning to the district which existed prior to the enactment of the PUD. Mr. Lecklider noted that the church is indicating they desire the property be zoned residential, which is a significant improvement over the PUD, which included nine RECORD OF PROCEEDINGS Minutes ~f Dublin Cty_Council Meeting March 16, 2009 Page 18 units. R-1 zoning would be significantly less dense than the nine units approved in the PUD for this property. This is worth noting. Vice Mayor Boring noted that the PUD zoning has now expired, so could the previously approved PUD of nine units be built? Ms. Adkins responded affirmatively, noting that because construction has not commenced, it would require permission from the Planning Commission to extend the development plan approval. Vice Mayor Boring stated that the expiration language essentially is meaningless. Ms. Adkins responded that per the Planned District regulations, the PUD is technically expired; however, they can request an extension from the Commission. Mr. Smith stated that this situation has occurred over the years for various reasons. The applicant must come before P&Z and request extension of the approval. Vice Mayor Boring asked for a motion from Council. Mr. Lecklider asked the applicant about the church's intentions for this property. Mr. Liening responded that the plan is to build a family life center, including a gym, to serve as an outreach center to the community. There is potential to install a soccer field in conjunction with this development. Mr. Lecklider asked if the church proceeded with this plan, would there be fees to be paid at that time? Ms. Adkins responded affirmatively. There would be building permits and zoning permits for other site-related elements. Mr. Gerber pointed out that it would be a straight zoning. Ms. Adkins stated that is correct. Mr. Keenan stated that the Dublin Baptist Church built a significant addition. Even if they did not need to pursue a rezoning, they would have paid for building and related permits, correct? Ms. Adkins stated that is correct. Mr. Keenan noted that Mr. Lecklider's point regarding the lower density is well taken. Mr. Keenan moved approval of the fee waiver, in recognition of the lower density than what was previously zoned on this property. Mr. Lecklider seconded the motion. Ms. Salay stated that the fees are in place to recover the City's costs for staff time, etc. Staff also provided the option of aCity-initiated rezoning back to R-1. What would the cost be for the City in pursuing that option? Ms. Adkins responded that she does not have that information. Ms. Salay stated that if the intent is to revert the land to R-1 zoning and to assist the church, the City should initiate the rezoning. It would be less complex. Ms. Adkins agreed, adding that in preparing such an application, it would take less staff time than helping the applicant through the process. Ms. Salay stated this would not involve setting a precedent in regarding to fee waivers. Mr. Keenan withdrew his motion, and Mr. Lecklider withdrew his second. Ms. Salay moved to direct staff to initiate a City rezoning of the property from PUD, approved in 2005, to R-1 Restricted Suburban Residential category. Mr. Keenan seconded the motion. Vote on the motion: Mr. Keenan, yes; Mr. Reiner, yes; Vice Mayor Boring, yes; Mr. Gerber, yes; Mr. Lecklider, yes; Ms. Salay, yes. • Permission to Serve Alcohol in Coffman Park for Dublin Irish Festival, July 31- August 2, 2009 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting March 16, 2009 Page 19 Mr. Caplinger noted staff is seeking approval for the sale of alcohol in Coffman Park for the 2009 Dublin Irish Festival. Vote on the request: Mr. Reiner, yes; Ms. Salay, yes; Mr. Lecklider, yes; Mayor Chinnici-Zuercher, yes; Vice Mayor Boring, yes; Mr. Gerber, yes; Mr. Keenan, yes. STAFF COMMENTS Mr. Foegler asked that personnel matters be added to the executive session topics this evening. COUNCIL COMMITTEE REPORTS/COUNCIL ROUNDTABLE • Public Services Committee Recommendations re Special Events and Bicentennial Mr. Reiner, Chair reported the recommendations of the Committee as outlined in the summary of the meeting of February 18, 2009: 1. To continue with the Spooktacular event in 2009. 2. To introduce the concept of acommunity-organized Independence Day parade for the future through the following ways: • Communication at the April 1 civic association presidents meeting and to other community groups through existing City outlets; • Communicate the concept to the civic associations by means of a survey that they can circulate to their members in advance and bring to the April 1St civic association presidents meeting; • Contact people in Upper Arlington for information about how they run their parade as a reference point; • Consider asking people to serve on a task force to explore this concept. 3. Add a summer 2009 bed tax application deadline for Bicentennial-related applications; determine an allocation for funding out of 2010 bed tax revenues for Bicentennial-related applications; Finance Committee will review applications and make recommendations to Council for such grants. 4. Provide Council with an Independence Day 2010 event proposal from Community Relations that would have a bicentennial celebration theme, carried out through a combination of City-organized/City-funded and community- organized/community funded events for Independence Day weekend. 5. Community Relations' role in the Bicentennial would involve an in-house "umbrella" campaign for the celebration in the following four areas: development of an online tool kit for any community group to use; support community initiatives with existing City tools; development of a community Bicentennial website; and hosting community engagement meetings to foster communication among interested groups and individuals. He offered to respond to questions. Ms. Salay noted that the City asks the civic associations to participate in the parade by constructing floats. How many associations typically participate in this manner? Ms. Puskarcik responded there are three such groups participating. Ms. Salay stated that when she worked in Upper Arlington, she attended their parade and was aware of the tremendous amount of work the civic associations do to put on the parade. That is the model in their community and they have a long history and tradition of this. While she supports more citizen involvement, she is curious about how this model might work to improve Dublin's existing parades. Mr. Reiner responded that the direction of the discussion was to assess the interest and willingness of the community to be more involved in parades. In addition, the desire was to involve groups across the City in these events. Whether the parades can be improved upon, or whether there are cost savings as a result of this approach is not known. There was simply some interest in looking into this. Mr. Keenan noted that he had suggested the verbiage of "testing the waters" about this concept at the Civic Association presidents meeting. He believes it will be difficult for this busy community to assume responsibility for the parades. He is certainly interested in the response from homeowners associations to the survey. RECORD OF PROCEEDINGS Minutes of D_ ublin City Council Meeting March 16, 2009 Page 20 Ms. Salay stated that constructing a float is a different level of commitment than staging a parade. She noted that the information sent today via e-mail reflects that there was no direct costs to the taxpayers for the St. Patrick's Day parade. Ms. Puskarcik confirmed this, noting the budget was $17,000 and the revenues brought in were $17,000. Anew "parade partner" program was initiated this year, providing affordable opportunities to sponsor units. It worked out quite well. Tansky Toyota was also a major sponsor and contributed significant funding. Mr. Keenan noted that Ms. DiSalvo was instrumental in securing this sponsorship. Mr. Lecklider stated that he endorses the objective of increasing community involvement in parades. However, he believes that the staff of Community Relations should continue to serve as the primary organizers of the St. Patrick's Day and July Fourth events. It is significant that the St. Patrick's Day parade revenues and expenses were a break even situation. He cannot envision a homeowners group or other affiliation of groups within the City with the resources to stage the parades. The objective to encourage civic involvement is one he supports strongly. The City does encourage homeowner associations to build floats and participate as volunteers in parades. Ms. Puskarcik responded that those involved in civic associations are often the same people actively involved in other community groups. They may already be participating by virtue of the other involvement they have. Vice Mayor Boring stated she agrees with Ms. Salay and Mr. Lecklider regarding the importance of maintaining the parade as aCity-sponsored activity. Otherwise, it would require a committee similar to the Dublin Irish Festival Committee to oversee the operation, which is a large undertaking. Mayor Chinnici-Zuercher stated that in reviewing the minutes, she understood the Committee's suggestions as a desire to engage the citizens -whether through civic associations or other ways - in these parades. She believes that Arlington has an annual alumni day in conjunction with the parades, which brings more involvement. Mr. Gerber stated that what he was proposing was having more involvement in these events from the community. He also supports testing the waters regarding such interest, as Mr. Keenan has suggested. At some point, the issue becomes the cost to the City of continuing to organize and stage the parades. Mayor Chinnici-Zuercher asked if there is a second to the motion to adopt the recommendations of the Public Services Committee. Mr. Gerber seconded the recommendations. Vote on the motion: Vice Mayor Boring, yes; Mr. Keenan, yes; Mr. Reiner, yes; Mayor Chinnici-Zuercher, yes; Mr. Gerber, yes; Ms. Salay, yes; Mr. Lecklider, yes. • Finance Committee Report Mr. Keenan, Chair: 1. Reported in follow-up to the Public Services Committee recommendations that the Finance Committee will review applications and make recommendations to Council for hotel/motel tax grants specific to the Bicentennial. 2. Suggests that Council allocate some funding for video histories of the City's elderly residents. He believes this effort should be initiated soon and that the people to be included in the video history should be identified. In view of the recent passing of Lois Dixon, the histories of important residents could be lost unless this is initiated. He asked that Council consider allocating some funds to begin this process. Mayor Chinnici-Zuercher suggested that the Committee could consider such a proposal at any time within the hotel/motel tax grant process, and then make recommendation to Council. Staff could prepare such an application. Mr. Keenan moved to direct staff to prepare ahotel/motel tax grant application for the purpose of funding a video history for the Bicentennial. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting March 16, 2009 Page 21 Held 20 Mr. Reiner seconded the motion. Vote on the motion: Ms. Salay, yes; Mr. Lecklider, yes; Mr. Gerber, yes; Vice Mayor Boring, yes; Mr. Keenan, yes; Mr. Reiner, yes; Mayor Chinnici-Zuercher, yes. 3. Reported that the Finance Committee met earlier tonight and received an update on the status of the City's investments. The investment portfolio is sound and secure. He noted there is direct and regular communication between the City's financial advisors and the Finance Department, and the transactions are handled through a third party to ensure safety and security. The Committee is very comfortable with the way the investments are being handled by the Finance Department at the present time. For 2008, the City's investments have posted a yield of 4.03 percent on an investment portfolio of $70 million versus the Star Ohio fund yield of 2.53 percent. In addition, staff shared their plan to review the structure of the existing debt obligations of the City. More information will be provided over the next 60 days. • Administrative Committee of the Whole Report re Board and Commission Communication 1. Vice Mayor Boring, Chair asked Ms. Ott to present the staff report summarizing Council's direction from the meeting of March 9 regarding Council communication with boards and commissions. Ms. Ott noted that the discussion focused on two areas: managing the communication, including timely information regarding activities of boards and commissions through the various ways listed in the report; and managing work of boards and commissions, including identifying work, referring work, and securing appropriate staff time and resources to complete it. There are some additional recommendations in the report for Council's further consideration. Vice Mayor Boring moved to adopt the policies as outlined by Ms. Ott. Mr. Reiner seconded the motion. Vote on the motion: Mayor Chinnici-Zuercher, yes; Vice Mayor Boring, yes; Mr. Reiner, yes; Mr. Lecklider, yes; Mr. Gerber, yes; Mr. Keenan, yes; Ms. Salay, yes. 2. Vice Mayor Boring noted that staff also recommends development of media relations training specific to Planning & Zoning Commission and training for chair persons of boards and commissions. Staff suggests review by the Administrative Committee, but she does not see a need for this. She suggests that staff proceed, as the Community Relations Department already has the media relations training outlined, and the chairperson training should not be difficult to add. She moved to direct staff to proceed with development of media relations training for Planning & Zoning Commission and general training for board and commission chairpersons. Mr. Gerber seconded the motion. Vote on the motion: Vice Mayor Boring, yes; Mr. Gerber, yes; Mayor Chinnici- Zuercher, yes; Mr. Reiner, yes; Mr. Keenan, yes; Ms. Salay, yes; Mr. Lecklider, yes. 3. Vice Mayor Boring suggested that Council schedule a time for interview of potential Historic Dublin resident candidates for appointment to the Architectural Review Board. Following discussion, it was the consensus of Council to establish Monday, April 6 at 6 p.m. for interviews of ARB candidates. Ms. Salay: 1. Noted that the Dublin Arts Council has scheduled the annual Garden Party fundraiser on Friday, April 3 at the OCLC campus. She encouraged everyone to attend. She thanked Council Members for donating various services and items for the benefit of the DAC that evening. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting March 16, 2009 Page 22 2. Stated that Mr. Karrer, Dublin Historical Society had spoken to Council recently regarding the addition of a town water pump for a potential public art project at the corner of Bridge and High. He sent an e-mail to her over the weekend regarding this. She copied staff on her response to Mr. Karrer, and staff had responded regarding the various considerations in the public art process. She asked for Council's concurrence that she meet with Mr. Karrer, appropriate staff members, and any interested Council Members to review the information related to the public art process. She moved to schedule a meeting with Mr. Karrer, appropriate staff, herself and any interested Council Members to discuss the general public art process as it relates to a potential town water pump public art project at the corner of Bridge and High. Mr. Reiner seconded the motion. Vote on the motion: Mr. Gerber, yes; Mayor Chinnici-Zuercher, yes; Mr. Reiner, yes; Mr. Keenan, yes; Mr. Lecklider, yes; Ms. Salay, yes; Vice Mayor Boring, yes. 3. Reported that she heard from three families in her neighborhood that the St. Patrick's Parade was the best they have experienced in Dublin. Great job on the part of staff and everyone involved! Vice Mayor Boring commended the Shoppes at River Ridge, neighboring merchants and the American Cancer Society for hosting the Blarney Hop on Saturday. It is an example of the community working together to host a great party! Mayor Chinnici-Zuercher: 1. Noted that Council needs to select dates for the goal setting retreat. The proposed dates are Thursday evening, May 7 and Friday, May 8 or Thursday evening, May 14 and Friday, May 15. Following discussion it was the consensus of Council to schedule goal setting for the evening of Thursday, May 14 and all day Friday, May 15. 2. Thanked staff for the Code enforcement update. Under the peddlers and solicitors area, it indicates there were 12 such permits issued. In the interviews with board and commission candidates, the issue was brought up by a candidate that Dublin has requirements for such permits, but various housing areas have different ones -some of which conflict. 3. The Code enforcement update report also listed 16 new cases of trash and debris complaints related to the Shoppes at Athenry. There is continued concern about this location and the need for regular oversight. Mr. Keenan asked for clarification regarding whether these are from different individuals or complaints from the same person. Mr. Smith stated that staff will provide a breakdown. 4. Stated that she, Mr. Foegler, Mr. McDaniel, Ms. Gilger and several others participated at Cardinal Health last week with the Governor and Lt. Governor and the site selection group who had given Ohio an award for the second consecutive year for economic development site selection. 5. Stated that she has been reappointed by the Franklin County Commissioners to the Joint Columbus and Franklin County Housing Advisory Board for athree- yearterm. Groups like National Church Residences come to this Board in the process to secure specialized financing for housing for seniors or low income persons. 6. Noted that lively discussion took place at last week's MORPC Board meeting related to the economic stimulus monies and the MORPC staff recommendations. There will be a meeting next week to discuss the selection criteria MORPC used and changes that might be needed to the MORPC staff recommendations. 7. The Dublin Chamber "After Hours" event is scheduled tomorrow evening from 5:30 to 7 p.m. at the Golf Club of Dublin with introduction of Mr. Foegler to the business community. She encouraged everyone to attend. Mr. Lecklider commented regarding last Friday's Business Appreciation Day. He and Vice Mayor Boring participated, together with Mr. Foegler, Dublin staff and local RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting March 16, 2009 Page 23 business community members from the Chamber. They were accompanied by musicians, and the event was well received by the businesses. Hats off to the Economic Development staff and all who participated in this fun event! He encouraged everyone to participate next year. Mr. McDaniel noted that the ribbon-cutting event and open house for the Dublin Entrepreneurial Center will be held on Thursday from 7:30 to 10:30 a.m. As of 2 p.m. today, over 400 have signed up for the event. He invited all of Council Members to attend. Mayor Chinnici-Zuercher added that on March 31, the Women's Fund of Central Ohio will host an evening event at the DCRC focusing on the status of girls in Central Ohio, as a follow up to the findings from Community Research Partners. Barbara Fergus of Dublin is a founding member of the Women's Fund. She noted that Vice Mayor Boring, Council Member Salay and she plan to participate. It will consist of a discussion with young girls in the community to review the findings and how they relate to the status of girls in Dublin. ADJOURNMENT TO EXECUTIVE SESSION Mayor Chinnici-Zuercher moved to adjourn to executive session at 9:50 p.m. to consider land acquisition matters (the purchase of property for public purposes), legal matters (to confer with an attorney for the public body concerning disputes involving the public body that are the subject of pending or imminent court action), and personnel matters ((to consider the appointment, employment, dismissal, discipline, promotion, demotion, or compensation of public employee or official). Ms. Salay seconded the motion. Vote on the motion: Vice Mayor Boring, yes; Mr. Gerber, yes; Mayor Chinnici- Zuercher yes; Mr. Reiner, yes; Mr. Keenan, yes; Ms. Salay, yes; Mr. Lecklider, yes. The meeting was reconvened and formally adjourned at 10:35 p.m. Mayor -Presiding Officer Clerk of Council