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HomeMy WebLinkAbout06/15/2009RECORD OF PROCEEDINGS Dublin City Council Meeting June 15, 2009 Mayor Chinnici-Zuercher called the Monday, June 15, 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, Ms. Salay, Mr. Reiner and Mr. Lecklider. Mr. Keenan and Mr. Gerber were absent (excused). Staff members present were: Mr. Foegler, Mr. Smith, Ms. Grigsby, Mr. McDaniel, Chief Epperson, Ms. Crandall, Mr. Hahn, Mr. Hammersmith, Mr. Harding, Ms. Puskarcik, Ms. Hoyle, Mr. Thurman, Mr. Gunderman, Ms. Adkins, Ms. Ott, Ms. Worstall, and Ms. Vroom. PLEDGE OF ALLEGIANCE Mr. Reiner led the Pledge of Allegiance. APPROVAL OF MINUTES • Regular Meeting of June 1, 2009 Mr. Lecklider moved approval of the minutes of the June 1, 2009 Regular Council meeting. Ms. Salay seconded the motion. Vote on the minutes: Ms. Salay, yes; Mr. Lecklider, yes; Mr. Reiner, yes; Vice Mayor Boring, yes; Mayor Chinnici-Zuercher, yes. CITIZEN COMMENTS Wallace Maurer, 7451 Dublin Road stated that he was recently made aware of something, which has caused him to think that the Kindra firing was a case of massive misunderstanding. He learned from Mr. Kindra that in the Council meeting of May 20, 2002, in regard to the Bishop's Crossing final plat scheduled on that agenda, Mr. Kindra was not aware this item had been scheduled. Mr. Kindra asked Mr. Ciarochi if the item could be removed from the agenda, because there were some remaining issues not resolved related to maintenance and vehicle speeds. Mr. Kindra indicated to Mr. Ciarochi that he could not in good conscience sign off on the plat for these reasons. Mr. Ciarochi refused to request that Council reschedule the item. During the discussion with Council about this item, Mr. Kindra unfortunately appeared insubordinate. He was actually very concerned that the issues were not fully addressed. Mr. Maurer noted that these facts were not known. Mr. Kindra's motivations for his statements in 2002 were profound. He suggested that Council consider Mr. Kindra's position in this and offer some gesture of magnanimity to Mr. Kindra. AGENDA MODIFICATION Mayor Chinnici-Zuercher requested a motion to modify the agenda to consider Ordinance 27-09 prior to Ordinance 08-09. Vice Mayor Boring moved to modify the agenda accordingly. Ms. Salay seconded the motion. Vote on the motion: Ms. Salay, yes; Mr. Lecklider, yes; Vice Mayor Boring, yes; Mayor Chinnici-Zuercher, yes; Mr. Reiner, yes. LEGISLATION SECOND READING/PUBLIC HEARING -ORDINANCES Ordinance 27-09 Authorizing the City Manager to Enter into aPre-Annexation Agreement Describing the Intentions of the Parties to Annex Certain Real Property Owned by Celtic Capital LLC, Located in Jerome Township, Union County. Mr. Foegler stated that a report was provided at the previous Council meeting. Staff is available to answer Council's questions. Vice Mayor Boring inquired if this area is developed as residential, is the ultimate goal to have these residents enjoy the same level of services as other City residents? Mr. Foegler stated that is correct. Vote on the Ordinance: Vice Mayor Boring, yes; Mayor Chinnici-Zuercher, yes; Ms. Salay, yes; Mr. Lecklider, yes; Mr. Reiner, yes. RECORD OF PROCEEDINGS Minutes of Dublin City Council June 15, 2009 Page 2 POSTPONED ITEM Ordinance 08-09 Accepting an Annexation of 39.8 Acres, More or Less, in Jerome Township, Union County, to the City of Dublin. (Petitioner: Celtic Capital LLC) Mr. Foegler stated that the proposed annexation has been reviewed at a previous meeting. The item was postponed pending resolution of the pre-annexation agreement, which Council has now approved. Staff recommends acceptance of the annexation. Mayor Chinnici-Zuercher asked who has been handling the negotiations with Jerome Township. Mr. Foegler responded that previous discussions have occurred with Jerome Township, but the township has not been party to the most recent discussions. Mayor Chinnici-Zuercher noted that the staff report states that, "The negotiations between the Township and the petitioner on the reparations issue were ultimately unsuccessful." Mr. Foegler responded that is correct. The initial approach was to attempt to have the petitioner provide a cash payment upfront to prepay the reparations. That effort was not successful. What was successful were the terms of the pre-annexation agreement Council has now approved, which passes those reparations costs on to the developer. Those costs will be reimbursed as lots are recorded and will be based upon the City's assessment of what the tax obligations would be at that time. Vice Mayor Boring stated that she is confused. Jerome Township has stated that they do not have the ability to service people in the incorporated area, so if the developer proceeds, what happens to those residential units? Mr. Foegler responded that the agreement will provide for Washington Township to provide the fire and life safety services. In regard to what reparations will be due to Jerome Township, the reimbursement agreement has been set up to cover the worst case scenario, should full-level reimbursement be required for not only the Township's base tax obligation, but also for the fire and life that is built into it. The City should be covered under both scenarios. The developer will bear the cost of reparations, whatever they are ultimately determined to be. Wallace Maurer, 7451 Dublin Road noted that on page 2 of the memo, paragraph 2, sentence 1, it indicates that the obligation of Dublin to pay reparations to the Township is incurred if Dublin changes the Township boundary after the annexation is complete. How would that occur? Does the boundary change in some way? Is it the right-of- way that is causing the inability to measure the impact on the boundaries? Ms. Grigsby responded that in the past, when the City annexed property into the City that was not in Washington Township, the City petitioned to extend the Washington Township boundaries to be coterminous with the new land that is annexed. That process is what is referred to in the memo. Mr. Smith stated that to change the township boundaries, the City would file a petition with the Union County Commissioners, which they would have to approve under the Supreme Court ruling on this topic. Mr. Maurer stated that the implication is that if the boundaries do not change, then no reparations are paid. Is that correct? Mr. Smith confirmed that is correct. Mr. Maurer noted that on page 2, paragraph 3, sentence 1 of the staff memo, it states that "the goal in negotiating apre-annexation agreement is to ensure that the petitioner is responsible for any reparations that are due to the Township over a 12- year reparations period." Is the 12-year reparations period defined by State Code? Mr. Smith confirmed that is correct. Mr. Maurer inquired if there are reparations to be paid, would they be paid over a 12- year period? Mr. Smith responded affirmatively. Vote on the Ordinance. Ms. Salay, yes; Mr. Reiner, yes; Mayor Chinnici-Zuercher, yes; Vice Mayor Boring; Mr. Lecklider, yes. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting June 15, 2009 Page 3 SECOND READINGIPUBLIC HEARING -ORDINANCES Ordinance 28-09 (Amended) Amending Section 153.004 and Sections 153.079-153.083 of the Dublin Codified Ordinances (Zoning Code) regarding Nonconforming Fences (Case No. 09- 031ADM). Mr. Langworthy stated that this ordinance received a first reading by Council on June 1, and was referred to the Planning and Zoning Commission for review and recommendation. The Commission reviewed the proposed ordinance on June 11 and voted to recommend approval to Council of the amendment with some minor modifications, which are primarily clarifications to the language. The only significant change is on page 8 of the ordinance, in Section 153.082. Paragraph C was added, which addresses maintenance of nonconforming fence materials. This item was also discussed at the June 1 Council meeting. The Planning and Zoning Commission has recommended a modification providing that if maintenance requires replacement of more than 10% of the surface area of the existing fence with non-conforming materials within a 12-month period, then reconstruction of the entire fence with a conforming material would be necessary. Ms. Salay asked about the practical effect for a nonconforming fence that is grandfathered in the case when a windstorm blows away 25% of the fence. What are the homeowner's options? Mr. Langworthy responded that the location, height and replacement materials would have to be consistent with the original. Mayor Chinnici-Zuercher stated that she had some difficulty understanding the modification as well. However, she referred to page 5 of the June 1 Council meeting, where Vice Mayor Boring brought up the point that Council does not want chain link fences replaced with the same materials. It was her understanding that replacement of a chain link fence with like material in a residential area would not be permitted. Mr. Langworthy corrected his previous response - it related to a conforming material. For a nonconforming material, if more than 10% of the fence surface were destroyed and it required replacement, then the entire fence must be replaced with a conforming material. Vice Mayor Boring asked if Section 153.083 is the section he refers to that indicates the replacement would be the same location and same height, but not the same material. Mr. Langworthy responded that is correct. Vice Mayor Boring stated that she does not see a list of permitted fence materials, but only a list of those that are not permitted. Mr. Langworthy responded that only chain link and vinyl are not permitted; all other materials are permitted. Mr. Lecklider inquired where the reference to non-permitted materials is located. Mr. Langworthy responded it is in Section 153.080 (C)(2). Mr. Lecklider stated that Sandy Corners development has avinyl-clad perimeter fence for the neighborhood. Is the indication that the City now does not like that type of fencing and no longer permits it? Mr. Langworthy responded that this clause was preexisting in the Code. No modification has been made to the section. Mr. Lecklider stated that he is perplexed as to how the vinyl-clad fencing was approved for that development. Vice Mayor Boring noted that Gorden Farms also has avinyl-clad perimeter fence. Mr. Langworthy responded that his assumption is that those developments pre-date this section of the Code. Mr. Lecklider noted that he understood that in many instances, vinyl-clad fencing has been the preferred option to wood because of its durability and low maintenance. Does the City really desire to prohibit vinyl-clad fencing? Mr. Langworthy suggested that this could be addressed in the overall Zoning Code update. Since the year 2000, many new composite materials have been added in the RECORD OF PROCEEDINGS Minutes of Dublin City Council June 15, 2009 Meeting Page 4 marketplace. The intent was that this particular amendment would be limited to addressing only non-conformities, not the entire fence issue. Mr. Reiner commented that when this issue is reviewed in the overall Zoning Code update, it is the various qualities of the fences that are important. If that topic is reviewed, it will be require significant time to sort through the qualities of fencing materials. Vote on the Ordinance: Mr. Reiner, yes; Vice Mayor Boring, yes; Mayor Chinnici- Zuercher, yes; Mr. Lecklider, yes; Ms. Salay, yes. INTRODUCTION/FIRST READING ORDINANCES Ordinance 29-09 Adopting the Proposed Tax Budget for Fiscal Year 2010. Ms. Salay introduced the ordinance. Ms. Grigsby stated that adoption of the tax budget is required by Ohio Revised Code and accomplishes two primary purposes. First, if it is adopted and filed within the required timeframe, the City is eligible for local government funding. Second, the Franklin County Budget Commission utilizes this information to review established millages. At Council's retreat in May, there was discussion of revenues and income tax revenues. This document reflects a six percent decrease in 2009 and an additional two percent decrease for 2010 for income tax revenues. In 2001 through 2006, the City allocated 100 percent of its inside millage to the Parkland Acquisition Fund. Beginning in 2007, a portion of that was allocated to the Capital Improvements Tax Fund for infrastructure improvements. Also noted at the retreat was that Council does have the ability to reallocate annually where the inside millage property tax dollars are directed. At some point in the future, the City could look at this as an option to offset some of the shortfall in income tax revenues. The current document does not, however, propose that. That will be reviewed again in conjunction with the Capital and Operating Budget processes. Staff requests that this be adopted by emergency at the second reading/public hearing on July 1. Mayor Chinnici-Zuercher asked if the tax budget is ever updated during the year. Ms Grigsby responded that the tax budget itself is not updated through the year; however, staff does regularly review projections. Ms. Salay asked what amount of money the inside millage is anticipated to generate. Ms. Grigsby responded that the total 1.75 mills will generate approximately $3.5 to $3.6 million. There will be a second reading/public hearing on July 1, 2009. Ordinance 30-09 Authorizing the Appropriation of Fee Simple Interests of 0.238 Acres, 0.025 Acres, 0.053 Acres (with 0.016 Acres as Present Road Occupied), and 0.197 Acres, More or Less, as Well as a Bikepath Easement of 0.210 Acres, More or Less And Temporary Construction Easements of 0.027 Acres, 0.089 Acres, and 0.025 Acres, More or Less, from Peter M. Klein and the Jentgen-Klein Company, Said Acreage Located in Close Proximity to the Intersection of Post Road and Commerce Parkway, City of Dublin, County of Franklin, State of Ohio, and Declaring an Emergency. Ms. Salay introduced the ordinance. Mr. Smith stated that this is the companion ordinance to the previous resolution of intent to appropriate. Approval of this legislation will permit the case to be filed if negotiations are unsuccessful. This is the only appropriation needed for the Post Road/Commerce Parkway intersection project. Mayor Chinnici-Zuercher asked why there is such a significant difference in appraisals. Mr. Smith responded that this occurs frequently. Often, a landowner will hire an expert that will testify that there is a much greater amount necessary for damages. However, the City's practice in recent years has been that once an offer is made, very little negotiating follows. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting June 15, 2009 Page 5 Mr. Foegler stated that the primary factor affecting appraisals is the comparables the appraisers choose to use. Mayor Chinnici-Zuercher asked about the timeframe for this land acquisition, as the project is scheduled to begin soon after the Irish Festival. Mr. Smith responded that when this legislation is passed, he is authorized to make the City's deposit with the court. On the same date the lawsuit is filed with the Court, the City has the right of entry to the property. Vice Mayor Boring requested that in the future, maps be provided with the legislation, so that Council may have a better understanding of the general area of the projects. Ms. Salay moved to treat this as an emergency and dispense with the public hearing. Mr. Lecklider seconded the motion. Vote on the motion: Vice Mayor Boring, yes; Mr. Reiner, no; Ms. Salay, yes; Mr. Lecklider, yes; Mayor Chinnici-Zuercher, yes. The Clerk noted that five votes of Council in favor are required for passage by emergency. With the four votes in favor of this ordinance, it will be effective in 30 days. Vote on the Ordinance: Mr. Lecklider, yes; Mayor Chinnici-Zuercher, yes; Vice Mayor Boring, yes; Mr. Reiner, no; Ms. Salay, yes. STAFF COMMENTS • Proposal for Bicycle Advisory Commission Ms. Crandall stated that staff is submitting a proposal for the formation of a Bicycle Advisory Commission. The proposal is the collective effort of Engineering, Planning and Parks staff. The proposal contains the proposed composition, duties and function of the body. Composition: A composition of nine members, which would include the following: three residents -two adults and one teen; two business representatives -one representative of a large business and one representative of a small business; one member of school administration; one MORPC representative; one Consider Biking representative; and one Council member. The representatives from MORPC and Consider Biking will bring technical expertise to the commission. Duties and functions: (1) To review and make recommendations to Council on plans, studies and programs related to bicycle transportation. This would include the intermodal study that Planning will begin later this summer. (2) To review and make recommendations to Council and regional entities, such as MORPC, on regional bikeway connections with adjacent jurisdictional bikeway systems. (3) To research, examine and make recommendations to Council in the following areas: bicycle parking facilities; bicycle safety education for cyclists and motorists; development of cycling information, events and programs that would encourage cycling in the community; examine traffic laws, regulation and enforcement of such laws and regulations related to cycling; and consider methods for measuring the impacts and effectiveness of any actions taken in the above-noted areas. These duties and functions are inclusive of the five major categories used by the League of American Bicyclists to determine which cities are to be designated as Bicycle Friendly Communities. These five categories, referred to as the "Five Es", are Engineering, Education, Encouragement, Enforcement and Evaluation. Duration: A period of 18 months. Near the end of this 18 months, the Commission and staff would examine the need for this timeframe to be extended or for an ongoing Commission to be established. Recommendations for a time extension or establishment of an ongoing Commission would be brought back to Council for consideration. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting June 15, 2009 Page 6 Staff requests Council's input on the proposal. A resolution will be prepared for the next Council meeting. Mayor Chinnici-Zuercher asked why a commission has been recommended, rather than a task force or an assignment to CSAC to perform these functions. Ms. Crandall responded that it could be called a task force, if Council prefers. A similar structure to that of a task force has been proposed, including a limited time period. A recommendation to CSAC was not proposed, as it was staff's understanding that Council preferred it to be a separate body. Establishing a separate body allows staff to identify persons with a particular interest and technical expertise in the area. Mr. Reiner inquired what the Consider Biking group is. Ms. Crandall that Consider Biking is a bicycle advocacy group and an umbrella organization for the various biking groups in Central Ohio. They have a strong connection to the biking community. Staff met with the Executive Director, Jeff Stevens and a Board member and active cyclist, Doug Morgan and asked them to review the proposal and provide input. Consider Biking also has a consulting arm; they have helped the City of Columbus with their bikeway plan and helped them to apply and achieve designation as a "Bike Friendly Community." They have both technical expertise and good connections to the biking community. Mr. Foegler added that they also worked with MORPC on its recent mapping effort, and are well connected to similar organizations in some of the model cities mentioned around the country. They seem to be able to pull together best practices from other jurisdictions fairly quickly. Mr. Reiner added that he served with Doug Morgan on a commission at one time and would highly recommend him. Mr. Lecklider recalls reading an article in local media regarding some political struggles/criticisms of this organization versus another. Does anyone have recollection of this? Mayor Chinnici-Zuercher asked if this organization wrote a letter to Council during the Community Plan update. Ms. Crandall responded that the organization was a part of this group, but separated from Consider Biking. The Consider Biking group represents a more moderate cyclist group. Vice Mayor Boring asked if a MORPC staff member would be willing to commit to this effort. Has this been discussed with MORPC? Ms. Crandall responded that she spoke with Mr. Jourdan and he noted that there is a staff member with that type of background available for this group. MORPC is interested in being part of this effort. Vice Mayor Boring asked which Dublin staff members would be involved. Ms. Crandall responded that it will be a variety of members, and will be topic dependent. Planning and Engineering would be involved, and Jeannie Martin has been suggested as the staff liaison for this group. In terms of safety issues and regulatory issues, Police would be involved. There will also be participation from the Parks department. Mr. Reiner noted that the staff report includes a list of progressive cities in biking. Of 100 cities, only one on the list is in Ohio. He hopes that in ten years, Dublin can be ranked in the top range of being "bicycle friendly." He is aware that the groups identified are very willing to share information with Dublin. He would encourage working with businesses, which could have their employees take bikes to lunch. There are companies who will bring racks and bikes to Dublin for short-term rentals. There is a need for bike parking areas in the downtown. Mr. Lecklider asked if CSAC would have the capacity to address this issue, if they would invite the individuals identified in the memo to offer viewpoints and information. Ms. Crandall responded that they could certainly do so, and staff would likely work with them to have a public input process to gain perspective on the different factions of the biking community. RECORD OF PROCEEDINGS Minutes of Dublin .City Council Meeting June 15, 2009 Page 7 Mayor Chinnici-Zuercher suggested that if CSAC dedicated some meetings to this topic, and formally invited these individuals and the community at large with an interest in the topic to have a dialogue about biking issues, it would provide a trained group to take this on, making use of their expertise. Vice Mayor Boring noted she supports having a task force to focus totally on biking. With representation from the biking community and businesses that are encouraging biking, the meetings will be very productive. The topic will require more focus than a series of meetings by CSAC. A dedicated group including the specific individuals listed in the memo is what she advocates. This issue rises to the level of needing a task force, similar to City issues in the past for which task forces were established. Mr. Reiner agreed, noting that the task force recommendations could be reviewed by CSAC. This issue involves Planning and Engineering, as it relates to transportation between various areas of the City. Businesses and restaurants will be interested in this. Progressive cities have worked on these issues, and a task force is what is needed for Dublin. There are connection issues for bikepaths in the City, and the need for connections to downtown Dublin. He advocates outreach to the cities who have earned the platinum level in this ranking. They have likely worked through many of the issues already. A task force can do this work, and when their recommendations are completed, the recommendations can be reviewed by CSAC. Mayor Chinnici-Zuercher asked staff to comment regarding their charge, as they understood it. Ms. Crandall responded that staff understood the direction was to bring forward a proposal for a bike board, Mayor Chinnici-Zuercher stated that a decision needs to be made regarding the overall purpose for such a group. Is Council saying that as a community, Dublin wants to engage in becoming, over 5-10years, abike-friendly community? Is that the goal? Mr. Lecklider asked what "bike friendly" would mean for Dublin. Ms. Salay asked if it is the designation that the City is seeking. Ms. Crandall responded that the goal is to have a bikeway system in Dublin that meets the needs of the community. Staff felt that the bike friendly community designation was a good template, and goes beyond engineering and construction. It includes having a complete and safe bikeway system. In the future, it may make sense for Dublin to apply for this designation, if it meets the criteria. Vice Mayor Boring stated that in discussion regarding being a green community, there is need for encouraging transportation other than by motor vehicle. Much of this relates to encouraging other modes of transportation to reduce the autos on the road. It is not just about being "bike friendly." It is more about other viable modes of transportation. She envisions creating this under the green concepts and making it a viable transportation option for Dublin. Mr. Reiner added that there is a safety concept involved as well. More young people are riding bicycles, and it's important to educate drivers on awareness of bicyclists on the roadways. Therefore, it is a health, safety and welfare related issue for Council and City officials. Mr. Lecklider asked what the City is trying to achieve in the near term with this effort. "Bike friendly" may be different for various individuals. Council needs to gauge the Dublin community's support for this. For this reason, he would support directing this to CSAC, utilizing the model the Mayor has suggested. Council can then gauge the feedback obtained. There is the potential for significant financial consequences for a more intense model. If there is a limited pool of funds to devote to such an initiative, he believes the public support should be assessed for bike lanes versus bikepath connectivity, etc. He would support approaching this incrementally before moving into a large scale, intensive effort which has the potential to raise expectations and be more costly than what the public would ultimately support. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meetin¢ June 15, 2009 Page 8 Vice Mayor Boring stated she is disappointed, as nowhere in the information does it mention the financial aspects. All that is suggested is having the City look at future needs. Mr. Reiner agreed, noting that there is not yet interest in spending funds on this. He is interested in having a progressive group propose ideas and determine which are viable. Mr. Lecklider stated that to ask people to devote 18 months of time to an initiative and not expect implementation, and to suggest there is not a financial cost for implementation is not realistic. Mr. Foegler stated that staff is supportive of this idea, but he understands the concern of having a group take this forward without ongoing feedback. Perhaps the first quarter could be devoted to developing a program of things they would consider as part of their 18-month charge, and that could be brought to Council and to CSAC for comment. Staff's view is this effort is very exploratory in nature, with a goal of understanding best practices and how some of those might fit Dublin. The group could report back each three months in regard to what they are considering so that Council has ongoing input. CSAC could also be involved in this effort. This should be viewed as very exploratory in nature in order to understand the opportunities and possibilities -not to recommend a large scale capital improvement program. He believes this direction could be integrated into the charge for the group. Mayor Chinnici-Zuercher agreed, noting that the exploratory nature of the group would be key, based on past experience with task forces where there is an expectation for adoption of their recommendations. It needs to be made clear that this would be an exploratory effort, and this should be in writing and verbally communicated to the group at the outset. She supports a task force versus a commission, whose role is generally different. She is concerned with having only three residents on this task force. It is really the residents who Council wants to hear from. It must be publicized sufficiently that more residents are invited to attend the meetings and testify at the meetings. This will better gauge the will of the residents in regard to biking. Ms. Crandall stated that the business representatives could be Dublin residents as well. Mayor Chinnici-Zuercher agreed that it would be important to have business representatives who also live in Dublin. Vice Mayor Boring stated that she appreciates Mr. Foegler's suggestions, which are in keeping with her expectations. She agrees with the Mayor's suggestion of having more Dublin residents on the task force, including business representatives who also live in Dublin. Mr. Reiner agreed, and he believes there will be much interest in participation. Mayor Chinnici-Zuercher suggested that a survey be created to send out to residents to complete, which will provide more input from residents. Ms. Crandall noted that there was a bike valet at the Dublin Irish Festival, and several hundred rode bikes to the Festival. These people could be surveyed for input about their route, their distance traveled, etc. Ms. Salay noted that the City had a bicycle facility analysis done by a consultant. What did they recommend? Ms. Crandall responded that the only portion of their recommendation brought forward was related to Phase 8 of Emerald Parkway. A portion of what they recommended was to extend the existing path system. They also looked at other roadways, including Emerald Parkway, Muirfield Drive, Riverside Drive, and SR 161 in exploring a variety of bikeway systems which could be put in place. They offered alternatives for each of these. Ms. Salay recalled that they essentially recommended restriping the existing roadways to accommodate a bike lane for Emerald Parkway. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting June 15, 2009 Page 9 Ms. Salay cautioned the future task force that much is in place in Dublin. She believes Dublin would qualify as a "bicycle friendly" community on this list, if it was desired. Most of the cities on the list are in warm climates, with the exception of college towns in northern cities. She is interested in engaging the larger community -not just this task force - as the people drawn to this will be the extreme bicyclists versus the community members who support Dublin's bikepath connectivity. In terms of education and enforcement, it is important to involve the Police department who may have input about motorists and bicyclists on the roadways. The companies who provide driver education should be contacted to include information about dealing with bicycles on the roadway. Council needs to gauge carefully the public's interest in using bicycles as transportation versus recreational. In addition, the City's resources should be applied appropriately and the City should not create expectations it is not comfortable with. Wallace Maurer, 7451 Dublin Road stated that over the years, he biked from his house to OSU daily -except in the winter. Some considerations for Council in regard to bikeways are the tensions between cyclists and pedestrians. There are different cycling groups using the paths, including recreational and Olympic training cyclists. The highly skilled bikers have little respect for the casual bikers. He believes Council should perhaps consider legislation regulating the use of bikepaths, due to the conflicts between pedestrians and cyclists. He also noted that when he biked to the university, he had arear-view mirror which he used to monitor the automobile traffic and drivers who sometimes did not accommodate him on the roadways. Mayor Chinnici-Zuercher moved to develop a bicycle advisory task force as an exploratory group to consider best practices and how opportunities can be accommodated in Dublin; how the City can engage bicycling as a recreational activity and be targeted toward reducing the City's carbon footprint; the task force will be established for an 18-month period and will report to Council on a regular basis; the task force is to include additional Dublin residents beyond what was proposed by staff; and business representatives should also be Dublin residents. Mr. Keenan seconded the motion. Vote on the motion: Mayor Chinnici-Zuercher, yes; Mr. Reiner, yes; Ms. Salay, yes; Mr. Lecklider, yes; Vice Mayor Boring, yes. • Exploration of Concept of Teen-Oriented Outdoor Movie Experience in Historic Dublin Ms. Puskarcik noted that the packet includes a memo, which proposes exploring a teen-oriented movie experience as part of the City's efforts with PERC (Parents Encouraging Responsible Choices) and ACT (Adolescents and Community Together). Council Members Gerber and Salay have been meeting with these organizations, and there is a desire to identify ways to partner. This is a concept being presented for consideration for this or next year. Mr. Reiner asked which communities have successfully done such a program. Ms. Puskarcik responded that staff did not seek input from other communities. They looked at some simple activities to take place in a venue like Historic Dublin or Coffman Park. The activities currently held in Historic Dublin do not involve the teens, and Council has had some discussion about this. Ms. Salay noted that, originally, this concept had been discussed as being part of the Slainte Thursday activities, which is why it is proposed for Historic Dublin. There are some alternative venues, such as Coffman Park. Teens who are surveyed consistently indicate they may choose to drink because there is a lack of entertainment and activities. The Monster Mash, held for middle school students at the Spooktacular, is extremely well attended. This proposal would provide an activity and further the missions of ACT and PERC to provide such activities. She noted that teens generally are carpooled to activities, so it would be important to have drop-off and pick-up spots well publicized. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting June 15, 2009 Page 10 Mayor Chinnici-Zuercher asked if PERC and ACT have a plan they are seeking to implement, including strategies and objectives. What role does the City have in their plans? She is not familiar with this and wonders how often the City will be asked to be responsible for organizing, funding and managing such programs. Ms. Puskarcik responded that she has not been involved in those meetings. Ms. Salay noted that this was not something PERC and ACT asked the City to do. These were ideas that Community Relations came up with in support of the desire to provide activities for the teens. Vice Mayor Boring stated that the Recreation Department has worked for years on establishing a teen board. They have done surveys and have activities scheduled. Another item of concern is the cost. The Dublin Seniors sponsor a movie once a month. Does the City pay a similar amount for that as has been requested for the teen movies? Why isn't this effort being coordinated by the Recreation division, which oversees the other teen programs, the teen lounge, and already has an established presence with the teens? Mr. Earman responded that his division would be pleased to be involved. In regard to the expense of the monthly movies for the seniors group, the Abbey Theater at the Recreation Center is used. It is an existing venue equipped with all that is needed. The Recreation Center also has a public performance license, which permits them to show movies to the public. Mr. Reiner inquired about the license. What type of license does the City have, and does it permit the City to show recent movies that the teens would be interested in? Mr. Earman responded that there are various levels of the license that are available. The license the City holds does not permit the City to show new motion picture releases. It permits the City to show movies that would be available to rent by DVD. The annual cost of the license the City holds is $800. It covers the movies the City shows to seniors or any other groups. Ms. Puskarcik responded that her staff has looked into the cost of a license. The license they considered would not have permitted the City to advertise the name of the movie. There are specific licenses needed for different venues. Vice Mayor Boring stated that she has many concerns about this proposal -the costs, the need for an additional license if the City already has one, the type of movies that would be selected, etc. If movies are held in Historic Dublin, there would be more families in attendance than teens. She believes that an effort for the teens should be part of the City's existing teen programs, and PERC and ACT should be referred to the Parks and Recreation division for City teen programs. Ms. Salay stated that this movie night is not an initiative of PERC or ACT. This idea evolved when she and Mr. Gerber were discussing ways to make Slainte Thursday more family friendly and more opportunities within the community for teens in the summer. The initial cost of one movie event is $1,800. Council is requested to make an initial commitment of $600 per event. If the City is unable to secure partnership commitments for the remaining cost, the proposal would not go forward. Mayor Chinnici-Zuercher stated that it would be necessary to secure other partners to pay the additional $1,200 per event. Vice Mayor Boring stated that she is concerned about the number of times the City is requesting sponsorship commitments from the same businesses. Mayor Chinnici-Zuercher referred to Vice Mayor Boring's comments about working within the existing City teen programs at the Recreation Center, and noted that a previous memo refers to the Dublin Teen Corps. Is that a separate group? Ms. Crandall noted that Dublin Teen Corps may be a precursor to a future youth council. It is intended to become a teen leadership group. Currently, there has been a focus on volunteering and a focus on careers and local government. Mr. Reiner inquired about the proposed location. Ms. Salay stated that the suggested site is adjacent to the public library. RECORD OF PROCEEDINGS _ Minutes of _ Dublin City Council Meeting June 15, 2009 Page 11 Ms. Puskarcik responded that the library is interested in the concept. Staff is exploring ideas, but delayed progressing too far without seeking Council direction. Other individuals and organizations are also interested in partnering on programs for teens. Mr. Reiner stated that he supports the idea of having activities for teens. However, he concurs with Vice Mayor Boring and Mayor Chinnici-Zuercher that this suggestion should have been pursued within existing City teen programs. The City already has a well-appointed theater facility at the Rec Center. Is it anticipated that using a downtown site would draw more people into the Historic District? Ms. Salay clarified that the request is for the City to serve as the catalyst for this event. She expects the concept to take on a life of its own and would not require such City support in the future. It seems a good way to further engage the community. Mayor Chinnici-Zuercher stated that although she likes the concept, it would be much more work than is currently anticipated. In addition to showing the movie, the site must be prepared for the hundreds of teens who would attend. A drop-off location and parking arrangements would be necessary. The staff memo also indicates that groups could sell products to earn money, which sounds similar to arrangements at other events. The associated work and costs are much greater, and it would be another event that requires management and attention. The idea would need to be "fleshed out" more fully. Amore definitive plan and greater understanding of the details is necessary before moving forward. Ms. Puskarcik concurred. For this reason, the idea has been presented as an option. Staff did identify a turnkey operation that offers a movie and a couple of trailers for merchandise sales. Vice Mayor Boring stated that she would prefer to have this group work with the Recreation Center on the concept. As has been noted, the community has many activities that the youth are already involved in. Although she likes the idea of a movie event in Historic Dublin, she is concerned about what the idea will grow into. The Teen Corps provides both volunteer and leadership opportunities. It is important to involve the youth through a volunteer relationship. To facilitate that, she believes the community groups should be encouraged to work with the teen groups. Additionally, ideas should be provided to the Recreation Center to allow them to pursue the concepts and attract the teens. Ms. Salay stated that there are costs to the City for any program at the Recreation Center. If a Teen Movie Night in Historic Dublin program was listed in the Recreation Center program brochure, associated costs and partnership commitments defined, teen leadership and volunteerism involved, would that satisfy Council members' concerns? She envisions that the program would evolve. The City has the capacity to both provide activities and to provide direction to other groups to assume the responsibility for activities. Perhaps the initial program will be a success and the Recreation Center can offer it in the future as a formal activity. Vice Mayor Boring stated that with the current budget constraints, Dublin should be very cautious and make certain the City is not initiating programs that could be provided by other groups. Perhaps the movie idea for the teens has not been considered previously by other groups. However, she has heard the question about how many more times the City can approach the community for financial partnerships. Aside from that, her main concern is that the City already has an established teen program within its system, and any proposals should be made directly to the people who have the education and expertise in this area. Ms. Puskarcik stated that Vice Mayor Boring's points are well taken, and perhaps staff's memo should have been more clear. Staff is currently doing the research, but is seeking Council's support to pursue this further. If Council gives direction, staff would pursue the idea and work with the Parks and Recreation Services and with the Dublin Teen Corps to develop the idea further. If Council supports the concept but RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting June 15, 2009 Page 12 considers 2009 to be too early for the event, Council's suggestions can be incorporated into a 2010 plan. Mayor Chinnici-Zuercher stated that she would prefer to enhance the teen Monster Mash event with a movie night. From there, the idea could evolve to similar events in the summer. A following would have been created for the event. All the existing teen groups should be brought together to work on this opportunity. The Schools should be an active participant in the plan as well. Mr. Lecklider moved to direct staff to explore the concept of a teen movie night in Historic Dublin, incorporating all the ideas, opinions and views that were expressed by Council members, with the goal of launching the program in 2010. Mr. Reiner seconded the motion, but noted he would like to see what could be developed for 2009. Mr. Lecklider accepted the amendment. Mr. Reiner noted that ideas he would like to see incorporated are: involving the students in the actual organization of the program, thereby developing their own leadership skills; using the already existing Dublin Recreation Facilities; and using the event to draw community participation in the Historic District. There are several opportunities within the concept. Vote on the motion as amended: Mayor Chinnici-Zuercher, yes; Mr. Reiner, yes; Vice Mayor Boring, yes; Ms. Salay, yes; Mr. Lecklider, yes. COUNCIL COMMITTEE REPORTS/COUNCIL ROUNDTABLE • Community Development Committee Recommendation re. Outdoor Seasonal Sales and Storage Ms. Salay stated that the Community Development Committee met on Monday, June Stn to discuss the issue of outdoor displays. The desire is to immediately put in place one set of rules for all businesses with outdoor displays. Any additional, related issues would be addressed in the upcoming Zoning Code update. Vice Mayor Boring stated that most of the Committee's discussion appeared to be focused on big box stores. Would the proposed legislation also address individual small businesses who rent lots for seasonal sales? Ms. Salay stated that those types of smaller businesses were not discussed by the Committee. The Committee did discuss existing stores that use their exterior ground for display areas. Mr. Langworthy stated that legislation already exists that addresses Christmas tree sales and pumpkin sales. Staff will try to incorporate those provisions into the new ordinance so that all is in one place. Ms. Salay moved to direct staff to expedite a Code amendment to provide the initial requirement that seasonal outdoor displays be limited to live plant materials only. Mr. Lecklider seconded the motion. Vice Mayor Boring stated that this amendment will not address percentages of store frontage permitted for outdoor displays. Will it be addressed at a later date? Ms. Salay responded that this amendment will address live materials only. The Committee discussed the topic of percentage for displays and deferred that issue until the overall Zoning Code update. Vote on the motion: Mr. Lecklider, yes; Ms. Salay, yes; Vice Mayor Boring, yes; Mayor Chinnici-Zuercher, yes; Mr. Reiner, abstain. STAFF COMMENTS • Lot Coverage Mr. Foegler stated that at the last Council meeting, staff brought before Council the issue of lot coverage related to patio homes in Muirfield. There was concern that the current ordinance created a problem. Upon further exploration of the Code, Planning RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting June 15, 2009 Page 13 staff identified a provision within this section that grandfathers those properties that were approved under previous development plans that permitted greater lot coverages. Because administrative relief exists within the current Code, an immediate Code amendment is not necessary. • S.R. 161 Corridor Study Mr. Foegler reported staff plans to proceed with the SR 161 Corridor Study. The first step in the process is to have the consulting team interview a wide array of stakeholders along the corridor, including the Historic Dublin area. The consultants will conduct the interviews without the presence of staff to encourage the stakeholders to be very candid. He has worked previously with this consultant group, and they are very effective in this process. He seeks Council's preference regarding the steps subsequent to the interviews. Would Council prefer to receive an initial report regarding the findings of the interviews? If so, would Council prefer to receive the report and provide feedback as a group, or would Council members prefer to have individual meetings with the consultant to share concerns and observations? Ms. Salay responded that she would be satisfied with discussion of the report as a group, perhaps in a study session. Mayor Chinnici-Zuercher asked if the consultants would use structured questions for all the interviews. If so, she would like a copy of the questions to be provided to Council. Mr. Foegler responded that the questions would vary significantly due to the different stakeholders, such as OCLC versus a small business owner in Historic Dublin. The report will not identify the interviewees. However, staff could provide a list of the types of questions used. Mr. Lecklider stated that he also would be satisfied with a group discussion. • Annexation Issue Mr. Foegler noted that the property annexed tonight will temporarily remain in Jerome Township. Legislation will provided to Council in the near future to petition for a township boundary adjustment to include the annexed land in Washington Township. It is in the interest of the property owner to begin the 12-year time frame for reparations as quickly as possible. • American Heart Association Award Mr. Foegler reported that today the City received the American Heart Association "Start! Fit-Friendly Companies" Gold Award, which is awarded to organizations that foster a culture of health and wellness within the workplace. Staff is commended for designing some of the programs that resulted in that award. COUNCIL COMMITTEE REPORTS/COUNCIL ROUND TABLE Ms. Salay stated that it has been her honor and privilege to represent the residents and neighborhoods of Ward 2 for the past eight years. She announced that she will seek re-election to City Council in the November election. Mr. Lecklider: 1. Congratulated staff on receipt of the American Heart Association award as well as the award from the Transforming Local Governments Conference. 2. Reported that on Saturday, he attended the Dublin Relay for Life opening ceremony on behalf of Council. The annual event, which is held at Dublin Jerome High School, raises money for cancer research. It is a fun event, and he encourages Council members to plan to attend or participate in next year's event, time permitting. Vice Mayor Boring reported: 1. She received a suggestion from a citizen that the City sponsor a shuttle between Historic Dublin and the ample parking areas at the Shoppes at River Ridge. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting June 15, 2009 Page 14 2. The Senior Citizens Recognition on May 19 at the Community Recreation Center was a success. Approximately 415 seniors attended the enjoyable event, with food provided by the area retirement centers. 3. Council's summer break occurs during the month of July. There will be one meeting next month -- on Wednesday, July 1 sr 4. Council members are invited to a Parade of Homes preview event on July 10 and should respond by June 19. Slainte Thursday will be held on June 18. 5. The Sundays at Scioto concerts have been well attended, and have almost become a regional draw event. She asked Ms. Salay to express the community's support for the concerts at the DAC Board meeting. 6. The Finance Committee will review bicentennial applications for hotel/motel tax grants on Monday, June 22. 7. The Kiwanis Frog Jump will be held on Saturday, June 27 in Coffman Park. 8. The Mayors Association of Ohio Conference will be held in Dublin in June at the Marriott Northwest. 9. The Code Enforcement monthly activity report contains statistics on weed nuisances. She noted that the numbers are higher than usual this year, which may be reflective of the economic situation. Mayor Chinnici-Zuercher: 1. Stated that she was surprised to read in staff's report regarding the Monterey Drive duplexes that there were no Code violations. Does the City Code permit boarding up of vacant houses? Mr. Foegler responded the Code permits vacant houses to be boarded in order to secure the property from entry and make it Code compliant. The action is not focused on the appearance issue, but on the public health and safety issue. Mayor Chinnici-Zuercher stated that with home foreclosures increasing and more homes being vacated, appearances of those properties are becoming more of a problem for communities. Why are vacant homes boarded up in some neighborhoods and not in others? Mr. Langworthy responded that if the home is vacant but safe, it is not boarded. However, if the unit has been deemed a public health and safety hazard, it is required to be boarded to secure the building from entry. Mayor Chinnici-Zuercher noted that the Monterey duplexes have been boarded for some time now. Can that situation be permitted indefinitely? Mr. Langworthy responded that at some point, buildings can be condemned. Mr. Smith added that a legal opinion was previously provided to Council regarding the legal actions that can be taken when a condition is declared a public nuisance. He will provide a copy of that memo in Council's next packet. Mayor Chinnici-Zuercher stated that the City has received correspondence from the Monterey Drive property owner indicating that he would not invest money in improving that property. The condition of that property is deplorable, with what appear to be abandoned vehicles and trash on the site. Are those conditions permissible? Mr. Langworthy responded that City inspectors have visited the property on a number of occasions. They report that the properties are not in violation of current City Code. Mr. Foegler stated staff would verify that no trash, weeds or abandoned vehicles exist on the site. However, this is a problem in many urban areas around Ohio. A period of time expires before a city has the right to expend public monies to undertake demolition of a property. Mayor Chinnici-Zuercher stated that this is the primary entry point for that neighborhood and for the Dublin Cemetery. There is no other area within Dublin that looks as poorly as this. Now that Mr. Grabill has indicated he does not intend to move forward with his project in the nearby area, the City should identify other options to remedy this issue. Mr. Foegler responded it is a particular challenge when properties are identified for redevelopment. There is no incentive for the property owner to further invest in the property, because they know the buildings will be demolished. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting June 15, 2009 Page 15 2. Stated that the staff update on the Sunrise Assisted Living project did not contain any new information. Is there any information available about what is taking place with the company itself on a national level? Mr. Foegler responded that Mr. Tyler had an additional meeting with the company, but there was not any information shared concerning likeliness of additional investments, There continues to be an effort to find additional investors or developers who would be interested in taking over the project and continuing it and/or to secure additional financing. Given the information about the financial condition of that company, however, that may be unlikely. Mayor Chinnici-Zuercher requested that staff provide a memo to Council at some point identifying the City's options moving forward. 3. Noted the staff report regarding the effect that the Post Road/Commerce Parkway intersection project would have on the Dublin Recreation Center, the park, and Community Relations building. Will it have any effect on the Justice Center? Mr. Hammersmith responded that the only intersection that would be closed is Post and Commerce, so it will not affect the Justice Center. Vehicles will continue to be directed to Perimeter Drive as the primary route to the Justice Center. Ms. Salay requested that notices be posted at the Community Recreation Center advising patrons of the preferred route to the Center of Coffman Park Drive. Mr. Hammersmith responded that it is staff's intention to do so a little closer to the time of the project. Ms. Salay requested that the traffic enforcement unit also patrol Tara Hill and surrounding roadways during the project. Stated that she recently attended the U.S. Conference of Mayors annual meeting. The City's DubLink received an Honorable Mention in the Livability Awards. She congratulated Mr. McDaniel and other involved staff members. Chapel Hill received the top award for their Transit Authority. Chapel Hill provides completely free transit for all their citizens. ADJOURNMENT TO EXECUTIVE SESSION Mayor Chinnici-Zuercher moved to adjourn to executive session at 9:03 p.m. for discussion of 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 land acquisition matters (to consider the purchase of property for public purposes). Mr. Reiner seconded the motion. Vote on the motion: Mr. Lecklider, yes; Ms. Salay, yes; Mayor Chinnici-Zuercher, yes; Vice Mayor Boring, yes; Mr. Reiner, yes. Mayor Chinnici-Zuercher noted that the meeting will be reconvened following the executive session only for the purpose of formally adjourning. There will be no further action taken. The meeting was reconvened at 9:30 p.m. and formally adjourned. - Presiding Officer of Council