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HomeMy WebLinkAbout03/02/2009RECORD OF PROCEEDINGS Minutes of Dublin _City Council Meeting March 2, 2009 Mayor Chinnici-Zuercher called the Monday, March 2, 2009 Regular Meeting of Dublin City Council to order at 7:30 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, Ms. Ott, Mr. Langworthy, Mr. Hammersmith, Ms. Crandall, Mr. Earman, Mr. Harding, Mr. Tyler, Mr. Hahn, Mr. Gunderman, Ms. Gilger, Ms. Noble- Flading, Ms. Adkins and Ms. Worstall. ADJOURNMENT TO EXECUTIVE SESSION Mayor Chinnici-Zuercher moved to adjourn to executive session for the discussion of land acquisition matters (to consider the purchase of property for public purposes). Mr. Gerber seconded the motion. Vote on the motion: Ms. Salay, yes; Mr. Reiner, yes; Mr. Lecklider, yes; Mayor Chinnici-Zuercher, yes; Mr. Keenan, yes; Mr. Gerber, yes; Vice Mayor Boring, yes. PLEDGE OF ALLEGIANCE Ms. Salay led the Pledge of Allegiance. APPROVAL OF MINUTES • Regular Meeting of February 2, 2009 Ms. Salay moved to approve the minutes of the February 2, 2009 Regular Council meeting. Mr. Lecklider seconded the motion. Mr. Keenan noted that on the second page, related to Ordinance 03-09 in regard to home rule, he wants to ensure that Mr. Smith will provide follow-up on this item. Vote on the motion: Mayor Chinnici-Zuercher, yes; Vice Mayor Boring, yes; Mr. Reiner, abstain; Mr. Lecklider, yes; Mr. Gerber, yes; Mr. Keenan, yes; Ms. Salay, yes. • Regular Meeting of February 17, 2009 Mayor Chinnici-Zuercher noted that consideration of the minutes of February 17, 2009 will be delayed until the March 16 meeting. SPECIAL PRESENTATIONS/PROCLAMATIONS • Ohio Fire Official of the Year -Fire Marshal Alan Perkins, Washington Township Fire Department Mayor Chinnici-Zuercher stated that Fire Marshal Alan Perkins was presented with the "Ohio Fire Official of the Year" award on February 2, 2009 by the Ohio Building Officials Association. The City of Dublin enjoys the services of one of the top fire departments in the state, under the leadership of Chief Woo and Fire Marshal Perkins. She congratulated Fire Marshal Perkins on his award. In appreciation, she read a proclamation thanking him for his service and declaring Friday, March 6, 2009 as "Fire Marshal Alan Perkins Day" in the City of Dublin. Fire Marshal Perkins stated that it was a privilege for him to receive the award from the Ohio Building Officials Association last month and to be recognized by City Council tonight. He thanked several individuals for the support they have provided to him over the past years, including Council Member Keenan, who as a former Washington Township Trustee hired him 22 years ago. He receives much support from Chief Woo and the Township Trustees, and the Fire Department enjoys an excellent working relationship with the City of Dublin. He acknowledged Mr. Langworthy, Mr. Hammersmith and Mr. Tyler for their cooperative work with the township, noting that their relationship has been a model for many communities throughout the state and the nation. • 2009 Grand Leprechaun Mayor Chinnici-Zuercher introduced Tom Sevitz, who has been selected to serve as the Grand Leprechaun of the 2009 St. Patrick's Day Parade in the City of Dublin. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meetnt March 2, 2009 Page 2 Mr. Sevitz has been an active volunteer in Dublin, contributing over 1,300 hours of service to the City at various community events. In addition, Mr. Sevitz has served as Board President and Membership Chair for the Dublin Seniors group, and currently serves on its Advisory Board. On behalf of City Council, she proclaimed Saturday, March 14, 2009 as "Tom Sevitz Day" in the City of Dublin. Mr. Sevitz thanked the Committee, Mayor and Council for the honor. • Dublin Business Appreciation Day Ms. Gilger reported that the City will sponsor its second annual Business Appreciation Day on Tuesday, March 17. The scope of the City's program is to recognize businesses by proclamation tonight, forward a letter of appreciation to all businesses, and visit the businesses on Friday, March 13t" to thank them personally. Last year's Business Appreciation Day touched over 3,000 employers and employees in the City. Accepting the Business Appreciation proclamation tonight is Jeffrey Geisler, CEO and Senior Managing Director of Socius, with offices located in the Dublin Entrepreneurial Center at 7003 Post Road. Mayor Chinnici-Zuercher presented the proclamation to Mr. Geisler, stating that Dublin is very dependent upon having a good mix of small and large businesses within the community. Council is appreciative of their decision to locate in Dublin. Jeffrey Geisler, CEO and Senior Managing Director of Socius stated that their business located in Dublin in 2000 in order to be closer to their clients. In 2006, they relocated to the Dublin Entrepreneurial Center and have been able to expand. Their employees have benefited from what the community has to offer. Their goal is to help their clients use technology to grow their businesses profitably, and Dublin has been significant in enabling them to do that. • National Athletic Training Month Mayor Chinnici-Zuercher presented a proclamation to Eric Leighton, Athletic Trainer, Nationwide Children's Hospital Sports Medicine in recognition of March as "National Athletic Training Month," raising public awareness of the importance of the athletic training profession. Eric Leighton, ATC, Nationwide Children's Hospital, Dublin Close to Home Center, 5675 Venture Drive, introduced colleague, Dr. Richard Rodenberg, Jr. The staff of their facility is very proud to serve the health care needs of the citizens of Dublin. They help diagnose and tend to sports injuries and work to rehabilitate and return them to their athletic pursuits. This year, the hospital will be a sponsor of and provide medical coverage for the Nike Cup Soccer Tournament in Dublin. CORRESPONDENCE Transfer of D5 Liquor Permit from Dublin Banquet LLC, 37 Darby Street to Mezzo Restaurants Limited dba Mezzo Italian Kitchen & Wine, 12 W. Bridge Street Vice Mayor Boring inquired if this restaurant will be located in the new BriHi Square project. Mr. Smith responded that is correct. Council members had no objection to the liquor permit transfer. CITIZEN COMMENTS Wallace Maurer, 7451 Dublin Road asked what will be available to this municipality and/or what will this municipality aim to receive from the recently passed Economic Recovery Act. Mayor Chinnici-Zuercher responded that Dublin is actively participating in the process identified for all municipalities. Staff is submitting an application for funds for a list of proposed projects. Notification of grant awards will not occur for some period of time. Mr. Maurer stated that he assumes the awards will be publicly announced. Mayor Chinnici-Zuercher responded affirmatively. RECORD OF PROCEEDINGS Dublin City Council Meetin6 March 2, 2009 Page 3 Held 20 LEGISLATION SECOND READING/PUBLIC HEARING -ORDINANCES Ordinance 06-09 Repealing Ordinance No. 92-02 Regarding an Ohio Public Employees Retirement System (OPERS) Pension "Pick Up" Plan for the Position of City Manager. Ms. Grigsby stated that there is no additional information to report at this time. There were no questions. 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. Ordinance 07-09 Authorizing the Execution of an Economic Development Agreement between the City of Dublin and Ohio Proton Therapy, LLC. to Induce Ohio Proton Therapy, LLC to Facilitate the Development of a Proton Cancer Treatment Facility and Other Related Support Facilities in the City of Dublin. Mr. Foegler stated that he has had experience with similar projects in the private sector. He has looked at those models and evaluated them for comparability. The proposed document is consistent with those models. Mayor Chinnici-Zuercher invited public testimony. Richard L. Zuber, 5830 Rothesay Court shared his personal experience with proton therapy in treatment for prostate cancer. He began his treatment in May at the University of Florida proton therapy center in Jacksonville and completed his 39 treatments on July 1, 2008. He believes proton therapy would be a wonderful opportunity for Dublin. However, he realizes it is a significant financial commitment. What attracted him to this treatment was the fact that the proton therapy process has significantly fewer negative side effects on the patient. He personally believes that proton therapy, which is a form of radiation therapy, can kill cancer. His six-month check-up results were excellent. Proton therapy is the state of the art treatment because there are no side effects and no down time related to the treatment. However, the treatment is extremely expensive. The cost stated to him was $159,000. He had good insurance coverage, which paid for most of the expenses. Proton therapy treatment is also covered by Medicare. His major costs related to transportation, housing and meals. If Dublin had such a facility, he would have been able to avoid that cost. He offered to respond to any questions. Mayor Chinnici-Zuercher congratulated Mr. Zuber on his successful treatment and thanked him for sharing his experience. Wallace Maurer, 7451 Dublin Road stated that: 1. In the Teratec Corporation document titled "Ohio Particle Therapy Project," on page 1, line 2 under Recommendations, the phrase "a number of" is repeated twice. 2. He has read conflicting reports regarding FDA approval of this type of treatment. What is the status? Daniel M. Slane, Chairman, Ohio Proton Therapy, LLC stated that the carbon particle therapy has not been approved, but proton therapy has such approval. 3. In reference to the water tower site (February 12~h staff memo), he suggested previously to Council that the City should contract with a reputable artist to create an epic presentation on the water tower, which could become a unique landmark in Dublin. 4. Previously, he has asked what would be considered the brand of Dublin. The Mayor's response was that it would be the shamrock. In the Innovation Center materials, one of his suggested brands for Dublin was used. It was one he offered in conjunction with another suggestion for "greening" Dublin -namely, rooftop gardens. He suggested at that time that Dublin's brand could become, RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting March 2. 2009 Page 4 "The Sky's the Limit." Those words above the shamrock in the cloud have now been used to create the economic development brand. There were no further questions. Vote on the Ordinance: Ms. Salay, yes; Mr. Lecklider, yes; Mr. Gerber, yes; Vice Mayor Boring, yes; Mayor Chinnici-Zuercher, yes; Mr. Reiner, yes; Mr. Keenan, yes. Mayor Chinnici-Zuercher wished Mr. Slane the best of luck with the project. City Council looks forward to working with him. Mr. Slane stated that he appreciates the confidence that City Council has placed in him. In 30 years of developing real estate, he has never worked with a finer group of people, particularly Mr. McDaniel, Ms. Grigsby and Mr. Smith. He expressed his thanks to all. INTRODUCTION/FIRST READING -ORDINANCES Ordinance 08-09 Accepting the Annexation of 39.8 Acres, More or Less, in the Township of Jerome, Union County to the City of Dublin. (Petitioner: Celtic Capital, LLC) Mr. Lecklider introduced the ordinance. Mr. Smith stated the applicant requests the second reading/public hearing of this legislation be postponed to the April 20 Council meeting. The property owner requires additional time to resolve an issue regarding reparations to Jerome Township. Mr. Gunderman stated that a substantial portion of this land consists of the right-of- wayalong Hyland-Croy Road. This characteristic makes it different than previous annexations. The vacant land of 30 acres is on the west side of the road. The remainder is the full right-of-way of Hyland-Croy Road from just north of the Glacier Ridge roundabout to an area just south of Brand Road. This Regular annexation has required a substantial number of signatures to be obtained on the petition. Upon acceptance, the City will request an adjustment of the township boundaries to place this land in Washington Township. The annexation petition has been approved by Union County Commissioners and by the City of Columbus, pursuant to Dublin's utility agreements with Columbus. The area west of Hyland-Croy Road lies within the negotiated expansion area in the water and sewer agreements with Columbus. Mr. Keenan inquired if the pre-annexation agreement contemplates that this area will receive fire and emergency services from Washington Township. Mr. Smith confirmed that it does. At the Union County annexation hearing, Jerome Township testified that they would not object to Washington Township serving this property. Mr. Keenan inquired how the reparations would impact the single-family homeowners along this roadway. Mr. Gunderman stated that the single-family homeowners signed the petition, but they will not be impacted by the reparations. The reparations will involve only the 30-acre undeveloped site. Mr. Keenan inquired if the standard reparation payment would be based on the use of Mr. Keenan inquired what the benefits are to Dublin of annexing the right-of-way along Hyland-Croy. Mr. Hammersmith responded that the discussions were initiated with the previous Union County engineer, Steve Stolte. The City of Dublin has been responsible for all the improvements along the roadway, such as the construction of the Hyland-Croy roundabout at Glacier Ridge Metro Park and Glacier Ridge Boulevard. Dublin is best suited to maintain that piece of roadway, which predominantly serves Dublin residents over and above residents of Union County. The City will also then have jurisdiction over access to the roadway and will be better able to regulate it through future development. the land. Mr. Gunderman responded that it would be determined by the valuation of the property at that time. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting March 2, 2009 Page 5 Mr. Reiner inquired if Dublin has been maintaining it. Mr. Hammersmith responded that the City has been maintaining the roundabout under a verbal agreement with Union County. Dublin does the mowing and snow plowing. It is an overlap area between Union County and the City of Dublin. Mr. Reiner summarized that the Dublin residents will then have a better quality of service with Dublin's maintenance of this area. Mr. Gerber moved to postpone the second reading/public hearing until the April 20tH Council meeting. Mr. Keenan seconded the motion. Vote on the motion: Mr. Reiner, yes; Mr. Keenan, yes; Vice Mayor Boring, yes; Mayor Chinnici-Zuercher, yes; Mr. Lecklider, yes; Mr. Gerber, yes; Ms. Salay, yes. 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, pursuant to City Council policy to annex remaining islands of township, this is the last of three such islands within Jerome Township to be annexed. The land is owned by asingle-family homeowner. Consistent with the previous two township island areas annexed to the City, an annexation fee waiver is requested. There were no questions. There will be a second reading/public hearing of the ordinance at the March 16 Council meeting. Ordinance 10-09 Adopting and Enacting a Supplement (S-25) to the Code of Ordinances for the City of Dublin. Ms. Salay introduced the ordinance. Mr. Smith stated that is housekeeping legislation, which occurs twice a year, to incorporate recently approved legislation into the City's codified ordinances. Mr. Gerber moved to dispense with the second reading/public hearing. Mr. Keenan seconded the motion. Vote on the motion: Vice Mayor Boring, yes; Mr. Keenan, yes; Mr. Reiner, yes; Ms. Salay, yes; Mr. Gerber, yes; Mr. Lecklider, yes; Mayor Chinnici-Zuercher, yes. Vote on the Ordinance: Mr. Lecklider, yes; Mr. Keenan, yes; Vice Mayor Boring, yes; Ms. Salay, yes; Mr. Reiner, yes; Mayor Chinnici-Zuercher, yes; Mr. Gerber, yes. INTRODUCTION/PUBLIC HEARING -RESOLUTIONS Resolution 04-09 Authorizing the City Manager to Enter into Memorandums of Understanding with the Franklin County Board of Elections for Use of Municipal Property in the Administration of Public Elections. Ms. Salay introduced the legislation. Ms. Ott stated that this legislation will formalize an ongoing arrangement with the Franklin County Board of Elections to provide space in City facilities to serve as polling locations. Vote on the Resolution: Mayor Chinnici-Zuercher, yes; Mr. Keenan, yes; Mr. Reiner, yes; Vice Mayor Boring, yes; Mr. Lecklider, yes; Mr. Gerber, yes; Ms. Salay, yes. Resolution 06-09 Appointing a City Representative to the Board of Trustees of the Central Ohio Transit Authority. Mr. Keenan introduced the resolution. Mr. McDaniel stated that beginning in April, the City of Dublin will have a seat on the COTA Board of Trustees. At Council's February 2"d meeting, Council requested that staff work with the Dublin Chamber to seek someone in the community to represent the City in this capacity. The Dublin Chamber and staff recommend that City Council appoint Scott White, President and CEO of Interstate Gas Supply (IGS). Founded in 1989, IGS has now grown to a company with sales of over $1 billion, serving over RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting March 2, 2009 Page 6 750,000 residential customers in the Midwest. Scott is a Columbus native, and graduated from OSU in 1988 with a degree in Financing and Marketing. Scott White, Interstate Gas Supply, President/CEO stated that it is an honor to be requested to serve in this capacity. He is interested in pursuing this for two reasons. First, natural gas is a viable potential transportation fuel. His knowledge of natural gas markets and some of the fuel applications could be of benefit to the COTA Board in considering the possible use of natural gas for their purposes. Second, IGS has 150 employees within the City of Dublin. The company is building a new corporate headquarters, and within the next 4-5 years may have as many as 400 employees. Many of those employees may need public transportation. He would like to participate in the planning process for those services. Mr. Keenan stated that, hopefully, Mr. White will be able to assist in coordination with other corporate citizens to utilize public transportation services. The use of bus transportation will facilitate a "greener" Dublin. Mayor Chinnici-Zuercher stated that Council will appreciate having representation on the COTA Board. Council appreciates Mr. White's willingness to take on this leadership role. Vote on the Resolution: Mr. Reiner, yes; Vice Mayor Boring, yes; Mr. Gerber, yes; Ms. Salay, yes; Mr. Lecklider, yes; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes. Resolution 07-09 Authorizing Funding in Support of the TechColumbus Third Frontier Grant Application. Ms. Salay introduced the resolution. Mr. McDaniel stated that information was provided at Council's last meeting indicating that TechColumbus had submitted a letter to the City regarding their desire to raise funds throughout the region. These would be utilized to gain matching dollars from the state through the Third Frontier grant program in order to replenish the TechColumbus Pre-Seed Fund II. Staff recommends that Council approve funding of $50,000 per year for the next three years. Ted Ford, TechColumbus President/CEO stated that over two years ago, they requested matching funds from Dublin for the Entrepreneurial Signature Program. Dublin responded, took a lead among other communities and provided $750,000 in matching funds. It was necessary for TechColumbus to raise $7.5 million to receive $15 million. In the last 18 months, the program was implemented with great success. They have worked with over 500 start-up businesses in that period of time and have been able to finance or assist most of them in some way. The Entrepreneurial Signature program provides early stage funding to an entrepreneur investigating the market potential for a new idea. TechColumbus can also finance $300-500,000 in convertible debt once a company has proven it has potential. Those dollars come from the regional commercialization fund. That fund, which has been operated as part of ESP, is now depleted due to those investments. About 47% of the funds invested went to Dublin companies. This is primarily because Dublin has swell-developed technology business base, and a number of entrepreneurs who have taken advantage of their services. They are requested matching funds for an additional $3 million regional commercialization fund -the TechColumbus Pre-Seed Fund II. They must raise $1 million in local match to receive $2 million in State funding. Mr. Keenan asked which other entities comprise the region and whether TechColumbus is requesting funding from them as well. Mr. McDaniel responded that this is a 15-county region. Mr. Ford stated that they are in discussions with a number of other entities. However in the current economic environment, those are difficult discussions. Mr. Keenan stated that in his view, other municipalities within those counties and the counties themselves should be asked to commit some dollars in support of this effort. Mr. Ford noted that it is anticipated that Franklin County will approve $200,000 in matching funds tomorrow. The Ohio State University is considering a request, and RECORD OF PROCEED[NGS Minutes of Dublin City Council Meeti_n.,g March 2, 2009 Page 7 TechColumbus is talking to a number of other communities regarding their ability to provide some matching funds. Wallace Maurer, 7451 Dublin Road stated that there are some terms in the legislation for which he is requesting clarification. One is "Third Frontier." What were the First and Second Frontiers? Mayor Chinnici-Zuercher suggested that he seek that clarification from Mr. Ford. Vote on the Resolution: Mr. Keenan, yes; Mr. Reiner, yes; Mayor Chinnici-Zuercher, yes; Mr. Gerber, yes; Vice Mayor Boring, yes; Ms. Salay, yes; Mr. Lecklider, yes. Mayor Chinnici-Zuercher reminded Council that the Entrepreneurial Center Open House will be held on Thursday, March 19 beginning at 7:30 a.m. OTHER • Request for Use Variance - Arfy Doggy Daycare (BZA Case No. 08-105V) Ms. Noble-Flading stated that this application is for a use variance for property located at 5200 Post Road. This is the first use variance that City Council has reviewed subsequent to amendments to the Zoning Code in May 2008. Those amendments established criteria for the Board of Zoning Appeals to review use variances. The applicant is requesting a use variance to permit boarding facilities and retail sales associated with other uses on the site in a property that is zoned Suburban Office. • In general, a use variance is intended for uses that are not permitted either as a permitted or conditional use in the district in which it is located. This process is similar to two different review processes. Council is requested to distinguish this process from both the area variance and the rezoning application process. In an area variance, which is what BZA typically reviews, they are looking to waive a development standard, such as a parking setback or a landscape requirement. In this particular instance, it is specific to a question of use on the site. In a rezoning application, there are typically a range of uses permitted for the site. In a use variance, it is specific to a use, and is based on specific criteria of the site that would warrant some special considerations. City Council is the final authority for a use variance. • The location of the use would be at the northeast corner of I-270 and Post Road. It is a three-acre site zoned Suburban Office surrounded by a mix of uses. OCLC is directly to the north of the site; the Toy Barn auto dealership is directly to the east of the applicant site; a mix of commercial uses is located to the south; and a residential community is located to the west of the property on the other side of I-270. • On this site are two buildings comprising approximately 17,000 square feet, surrounded by a large parking facility. It shares access with the OCLC campus to the north. The two uses requested by the applicant -pet boarding and pet supplies sales -are not permitted in a Suburban Office District; they are permitted in a Rural District and the Community Commercial District. In this application, the forefront of the building would be used for the retail sales, and the rear portion of the building would be used for boarding facilities. The applicant is also pursuing a Conditional Use application with the Planning and Zoning Commission to allow other uses on the site -- specifically grooming services, doggy daycare services, and veterinarian services. That would equate to five total uses on the site. • The process begins with the Board of Zoning Appeals review. BZA is tasked with ensuring that four criteria are met in order to recommend approval for a use variance. The criteria are: 1. That there are some exceptional or extraordinary circumstances about the property that would necessitate waiving the requirements for the district --the Suburban Office District in this case; 2. That the proposed use will not alter the character of the area; 3. That the land cannot be used for any uses that are associated with the district in which it is located; and RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting March 2. 2009 Page 8 4. That the variance is not necessitated by the action or inaction of the applicant. When BZA reviewed the application, based on the testimony of the applicant, the Board determined that the four criteria were met. The BZA found that there were characteristics about the property that would necessitate this variance request. Planning does acknowledge that there are some differences regarding the site, specifically a topography change between Post Road and the applicant's site. However, Planning does not believe that it would relinquish this property from being used for any uses associated with a Suburban Office District. Therefore, Planning recommends disapproval of the variance application. She offered to respond to any questions, noting that the applicant is also present. Ms. Salay stated that she understands that a use variance runs with the land. Therefore, if this business were to locate elsewhere in the future, this type of use would still be permitted for this site. This application refers only to two of the five possible uses for the site. If Council denies the use variance, what happens to the Planning and Zoning application? Ms. Noble-Flading responded that P&Z can still act on the other three uses the applicant is pursuing through the Conditional Use process. Although Council's disapproval would deny the specific uses noted, it would not prevent the site from being used for pet-related services. Ms. Salay inquired where in Dublin this type of use would be allowed -- in what other zoning districts or areas. Ms. Noble-Flading responded that, currently, boarding facilities are somewhat limited in Dublin. They are generally permitted only in the Rural district, which would likely be in outlying areas. Retail sales are associated with the Community Commercial District, so there are some pockets of this category of zoning along major roadway systems. That is probably less of a restrictive use than the boarding facility. Ms. Salay noted that the site was rezoned in 2000 to Suburban Office by means of a City-initiated rezoning. Ms. Noble-Flading confirmed that is correct. Mayor Chinnici-Zuercher asked what the zoning classification was prior to 2000, and why did the City initiate the change. Ms. Noble-Flading responded that the prior zoning category was Community Commercial. The City felt that offices uses were more appropriate in this corridor. Mr. Gerber asked for confirmation that there are remedies available other than a use variance, such as a rezoning or a conditional use. Ms. Noble-Flading responded that is correct. This doesn't relinquish their rights to any other type of process through the City. Mayor Chinnici-Zuercher asked about the advantage of a use variance versus either of those remedies. Ms. Noble-Flading responded that the advantage of a rezoning application is that the applicant can request a wider range of uses. It would not be limited to the two uses in their proposal. Mr. Keenan stated that it would then provide for a wider range of uses permitted for the site, if the applicant should decide to vacate the site in the future. Ms. Noble-Flading confirmed that is correct. Mr. Gerber noted that the uses also wouldn't run with the land, as the use variance would. Mayor Chinnici-Zuercher asked about the potential of securing a conditional use. Ms. Noble-Flading stated that the benefit of a conditional use is that there are set criteria. If the criteria are met, it is a permitted use. Vice Mayor Boring stated that the rezoning process provides opportunities to impose conditions on the property, such as appearance and parking standards. With this type of variance, is there any means to invoke those kinds of standards? RECORD OF PROCEEDINGS Minutes of Dublin City Cou.nc'tl Meeting March 2, 2009 Page 9 Ms. Noble-Flading responded that there is not. In this particular application, the City is benefitted in the sense that they are going through the conditional use process and the City can associate standards or conditions through that process. To be clear, the City can impose a condition on a rezoning within a planned district. This cannot be done in a straight zoning. Vice Mayor Boring inquired if this particular property currently meets Code requirements. Is this the property about which there have been past concerns regarding tree removal? Ms. Noble-Flading responded that she is not aware of any current Code enforcement concerns. Mr. Smith pointed out that Council has not previously reviewed this type of application. As the memo indicates, this hearing is different from that for a zoning matter, which requires a super majority vote to overturn a recommendation of the Planning and Zoning Commission. This requires only a simple majority. Secondly, Council is not bound in any way by the decision of BZA in regard to a use variance. Mr. Smith stated responded to Vice Mayor Boring's inquiry about the property meeting Code requirements. Initially, there were issues related to signage, trees and the parking lot. Those issues were resolved after the property was rezoned and then utilized. This rezoning is one of only two Council-initiated rezonings he is aware of, and this rezoning was related to desires for future uses in the corridor. It was anticipated that the OCLC campus might expand, and other businesses might choose to locate in the corridor. Council's desire was to limit the proliferation of automobile dealerships and businesses of a similar nature. Mr. Gerber referred to the four criteria that BZA must ensure are met before granting approval. The memo also states that City Council is not bound by those four criteria. Mr. Smith responded that is correct. There may be other reasons which influence Council's decision about granting or denying the request. For instance, Council may find that the proposed use does not fit well with the surrounding neighborhood. Council has similar latitude with a rezoning application and may look at issues concerning traffic movement, noise, parking, impact on the neighbors and a wide variety of other concerns. Just because BZA determined that the conditions may have been met, it does not bind Council. Mr. Keenan asked if Council should approve the use variance, would the application then be sent to the Planning and Zoning Commission to address other issues? Mr. Smith responded that if Council grants this use variance, the understanding is that this will be an additional permitted use for this site by this business or any future business.. It would be necessary to rezone the land to remove this additional use. Mr. Gerber inquired if it would be possible to limit a use variance to a period of time. Mr. Smith stated that has been done by another entity, and it was appealed. Mr. Keenan inquired what Planning and Zoning Commission would then do in terms of the use. Mr. Smith stated that if Council approves the use variance, P&Z cannot put restrictions on the use. Mr. Lecklider stated that when he reviewed the BZA meeting minutes, they do not seem to reflect the reasons BZA reached their conclusion. He requested if staff could provide some additional insight. Ms. Noble-Flading responded that there were two main points that the applicant cited in their presentation: (1) The visibility from Post Road is very limited due to topography changes; and (2) The applicant has been attempting to lease the property to other office-type uses that are normally associated with the Suburban Office District. Over the years, they have had difficulty in doing so. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting March 2, 2009 Page 10 Consequently, the Board believed that there were some exceptional circumstances to this site that wouldn't necessarily apply to other properties within the Suburban Office District, and therefore felt their decision was appropriate. Mr. Lecklider stated that one of the members indicated that he understood the applicant's hardship was based upon economics. Where does that fit into any of the four criteria? Ms. Noble-Flading responded that she believes they were trying to illustrate that the uses typically associated with Suburban Office District were difficult to incorporate on this site. Tenants did not prefer this location because of the lack of visibility. That made this site slightly different than other properties within this zoning category. Mr. Smith noted that on page two of their memo, Legal indicates that a variance will not be granted due to personal hardship of a property owner. However, he does not know what the applicant presented in regard to that issue, or the mindset of the BZA with respect to this issue. Jeff Roby, 8596 Dunsinane Drive, Dublin stated that his daughter has a presentation to share with Council. Jessie Roby, 2194 Waltham Road, Upper Arlington stated that the property has been for rent or for sale for three years. The reasons it remains unoccupied are: 1. The site is too noisy. A sound engineer was hired to measure the sound level on the site, and the results showed a significant level of noise from the freeway. The company representative also visited an existing dog facility to make comparison measurements. At that facility, there were 71 dogs inside and 20 dogs outside, but the noise level on the Post Road site is greater than that at the dog facility. BZA determined that the noise level constituted a hardship factor for this property. That was the deciding factor, not the economic conditions. 2. There is no visibility of the site from any point. The former Chi-Chi's site, Toy Barn and the MAG site are all level with Post Road and can be seen. No one knows this property exists, unless given specific directions to access it. She testified that: • BZA determined that it would be an appropriate site for a pet facility because it is hidden, surrounded by trees, and because the I-270 noise level would cover any noise that would emanate from the business. The dogs would not be outside for extended time periods. They would be taken outside fora 15-minute break every two to three hours, between 7 a.m. - 7 p.m. only. • She spoke with owners of every adjoining property and received their approval. OCLC sponsors "Take Your Dog to Work" days, and invited her to visit and bring business brochures. Red Roof Inn indicated that they were apet-friendly hotel, and a doggy daycare would be a convenience for their guests who would like to leave their dogs for a time while they pursued other activities. Courtyard stated that they are not a "pet friendly" hotel, and are turning away many customers for that reason. It would be nice for guests to have access to a facility across the street to board their dogs. She shared the positive comments of other business owners along Post Road. They believe the business would be an asset to Dublin. • Rural boarding facilities are inconvenient to many dog owners; it would be a benefit to them to have access to a facility near the freeway. A significant amount of money is spent on pets. They would have cone-stop shop. There, the dog owners would be able to purchase dog food, have their dog seen by a veterinarian, groomed, and have it boarded or watched for a short while. Jeff Roby addressed the reasons that BZA approved their application, although they were aware that staff recommended disapproval. One of the criteria for the use variance is extraordinary circumstances existing on the property, and BZA recognized that to be the case. • In addition to the I-270 noise condition, there is the sight condition. From the front door of the facility, the elevation is a 20-foot high wall on Post Road. That RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting March 2, 2009 Page 11 does not compare to the former ChiChi's site across the street, which is level and viewable. It is also zoned Community Commercial, and a doggy daycare would be a permitted use there. However, he does not want to do that. He has a Conditional Use pending for another use proposed for that site. When the State of Ohio decides to buy a property and construct a bridge in front of it, the property owner is harmed. That is exactly what occurred in this case, and generally, the State would be expected to compensate the property owner for erecting a wall at the front of their property. The property is "down in a hole," and the buildings are in the floodplain. Prospective tenants are not interested in locating a business within a floodplain. This property was zoned Community Commercial, but in 2000 the City rezoned it to Suburban Office. That was a very difficult situation for them to experience at that time. Fortunately, BZA was able to understand the difficulties related to their site. Mayor Chinnici-Zuercher inquired if Mr. Roby constructed the original building. Mr. Roby responded that he did not, but he built an addition to the original building. In hindsight, he regrets doing so. Mr. Keenan inquired if Council were to approve this use variance, would that set a precedent, or would future such use variances be handled on a case by case basis? Mr. Smith responded that Council's approval of this application would not set a precedent. Any future case would be handled on an individual basis. Vice Mayor Boring stated that she believes this is better suited for a rezoning application, as the four criteria necessary for a use variance were not met. Further, a use variance runs with the land. The rezoning opportunity is available to the property owner. In a rezoning process, the City is able to achieve desired standards. Mr. Gerber stated that he also is not convinced the four criteria have been met. Another rezoning classification with established conditions that would support a conditional use would be more appropriate. The operations related to the use have not been discussed, but only the appropriate use of the property. Mayor Chinnici-Zuercher asked why the applicant did not pursue a rezoning. Ms. Noble-Flading responded that in discussions with staff, the applicant indicated they felt there were distinguishing factors for the site that made it different from other properties in the Suburban Office District. The main factors cited related to the topography and noise conditions. Mr. Gerber inquired if there is a difference in the filing fee for a use variance versus a rezoning. Ms. Noble-Flading responded that the rezoning application fee is less expensive. Mr. Roby stated that they asked staff how to go about doing this, and this is the information they were given by staff. If the cost of a rezoning were less, he would have been willing to pursue that. Mr. Lecklider clarified his position for the applicant's future reference. He agrees that the criteria for a use variance have not been met, but he does not want to leave the false impression that he would support a rezoning for this parcel. In 2000, City Council examined the existing conditions and initiated the rezoning. The Planning and Zoning Commission also examined it at that time. Some of the Commissioners who supported that action are now serving on Council. He believes it is necessary to clarify his position in order not to mislead anyone with respect to pursuit of a rezoning of this property. Ms. Salay stated that she concurs with Mr. Lecklider. She is not necessarily supportive of a rezoning. She does not believe the criteria have been met for the variance use. The key issue for her is the location. She supports the business RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting March 2, 2009 Page 12 concept, and believes the business would succeed in the City. However, she does not believe this Suburban Office location is appropriate for this business. There are certainly other locations within the community where this type of use would be much more appropriate. Ms. Salay moved to deny the use variance. Mr. Lecklider seconded the motion. Vote on the motion: Mr. Keenan, no; Mr. Lecklider, yes; Mr. Gerber, yes; Ms. Salay, yes; Mayor Chinnici-Zuercher, no; Vice Mayor Boring, yes; Mr. Reiner, yes. (Motion carried 5-2) Mayor Chinnici-Zuercher noted that Mr. Roby will need to work with staff on other options available to him. COUNCIL COMMITTEE REPORTS/COUNCIL ROUNDTABLE Mr. Keenan stated that he was recently in Charlotte, N.C. during a snowstorm and observed road crews removing six inches of snow using pick-up trucks with small snow blades. He once again recognized how well the City of Dublin road crews handle snow removal. Kudos to them! Ms. Salay thanked staff for their work on the State of the City presentation and Ms. Grigsby for a great delivery of the address. She enjoyed the presentation and, as always, is awed with all the City has been engaged in over the past year. Mr. Reiner reported: 1. The recommendations from the February 18 Public Service Committee will be provided at the next Council meeting for review. 2. Following the St. Patrick's Day Parade, the American Cancer Society will sponsor a Blarney Hop at the Shoppes at River Ridge location. He encouraged everyone to support this fundraiser. Mr. Gerber pointed out a recent article in The Columbus Dispatch regarding "pricey parkland." The article indicated that the Metro Parks recently spent $1.3 million on acquisition of 1,200 acres of parkland, which would translate to a cost of $14,500 per acre. Vice Mayor Boring: 1. Stated in response to Mr. Gerber's comment that she is convinced that City Council made a wonderful investment for the future of this City when they secured the land for a central park in the middle of Dublin at the last Council meeting. 2. Moved to appoint Judy Beal as Acting Clerk of Council for the time period of March 11-14. Ms. Salay seconded the motion. Vote on the motion: Vice Mayor Boring, yes; Mr. Keenan, yes; Mr. Reiner, yes; Mayor Chinnici-Zuercher, yes; Mr. Lecklider, yes; Mr. Gerber, yes; Ms. Salay, yes. 3. Noted that frequently, City Council receives waiver requests to serve alcohol in on public property in Historic Dublin or on the streets of Historic Dublin. Such requests are in most cases denied by Council. Would Council members be interested in referring the issue of alcohol waivers to a Council committee to develop a policy? This would provide staff with a specific policy statement that they could share with those who inquire about such waivers. Mr. Gerber noted that may pre-suppose that Council would support the sale of alcohol in certain locations or in conjunction with certain activities. Vice Mayor Boring stated she is merely suggesting that a policy be developed -not making any assumption about what it would contain. Ms. Salay stated that she believes such a policy already exists. Vice Mayor Boring clarified that the existing policy is that the sale of alcohol is not permitted on City property. There seems to be some confusion among staff about this policy, if it does exist. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting March 2, 2009 Page 13 Mr. Lecklider asked if there is an existing policy, how would sending the issue to a Committee resolve this. Mayor Chinnici-Zuercher asked why the waiver requests are brought to Council if there is such an existing policy? Ms. Grigsby stated that the past practice has been that applicants have a right to ask for a waiver. They are informed of the City's policy. In some cases, when the applicant is informed that it is unlikely Council will approve it, they do not pursue it. Vice Mayor Boring summarized that she would like to reinforce Council's policy, which has been restated tonight, and that the citizens seeking such awaiver -- not staff -- present such requests to Council. Mayor Chinnici-Zuercher: 1. Noted that the bottled water on the dais tonight is the new, caffeinated water Council learned about several weeks ago from Brian Pitzer, CEO of Vitality Distributing. Mr. Pitzer provided this water tonight for guests at the State of the City/City Manager reception. 2. Reminded Council members of various upcoming meetings and events. In addition, Council feedback will soon be requested on proposed dates for a Thursday evening and Friday goal setting retreat in May. 3. Stated that the memo regarding the Sunrise Assisted Living situation is disconcerting. The City is fortunate this is the first time this type of situation has occurred. How will the City be notified when construction is resumed? Mr. Foegler responded that staff has assembled correspondence from the various divisions that have regulations, policies, or board approvals relating to the construction. If construction is halted for a period of time, appropriate actions will be taken. The City has significant concerns regarding the financial viability of this company, based on public records available. It is anticipated that the company's goal will be to identify a buyer to continue the project, or Council may see some more significant redevelopment considered. Legal counsel is reviewing the City's options, including any necessary additional regulations warranted to address the situation. Brief discussion followed. 4. Reminded everyone that the Friday, April 3~d Goal Setting retreat has been postponed to a date yet to be determined. An e-mail will be sent with some suggested dates. ADJOURNMENT TO EXECUTIVE SESSION Mayor Chinnici-Zuercher moved to adjourn to executive session at 9:25 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 a public employee or official). Mr. Gerber seconded the motion. Vote on the motion: Mr. Lecklider, yes; Mr. Keenan, yes; Mr. Reiner, yes; Vice Mayor Boring, yes; Mayor Chinnici-Zuercher, yes; Mr. Gerber, yes; Ms. Salay, yes. The meeting was reconvened and formally adjourned at 10:20 p.m. Mayor -Presiding Officer Clerk of Council