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HomeMy WebLinkAbout05/05/2008RECORD OF PROCEEDINGS Minute~of Dublin City Council DAYTON LEGAL BL4NK. INC.. FORN NO. 10148 May 5, 2008 Held Meetinv~ Mayor Chinnici-Zuercher called the Monday, May 5, 2008 Regular Meeting of Dublin City Council to order at 7:00 p.m. at the Dublin Municipal Building. Present were Mayor Chinnici-Zuercher, Vice Mayor Boring, Mr. Gerber, Mr. Keenan, Mr. Lecklider, Mr. Reiner and Ms. Salay. Staff members present were Ms. Brautigam, Mr. Smith, Ms. Grigsby, Mr. McDaniel, Mr. Langworthy, Mr. Harding, Ms. Crandall, Ms. Puskarcik, Chief Epperson, Mr. Hammersmith, Mr. Hahn, Mr. Tyler, Mr. Ashford, Ms. Noble-Flading, and Ms. Adkins. PLEDGE OF ALLEGIANCE Mr. Gerber led the Pledge of Allegiance. APPOINTMENT OF ACTING CLERK OF COUNCIL Ms. Salay moved to appoint Ms. Beal as Acting Clerk of Council May 5 through May 7, 2008. Mr. Gerber seconded the motion. Vote on the motion: Ms. Salay, yes; Mr. Lecklider, yes; Mr. Reiner, yes; Mayor Chinnici- Zuercher, yes; Mr. Gerber, yes; Vice Mayor Boring, yes; Mr. Keenan, yes. APPROVAL OF MINUTES • Regular Meeting of April 21, 2008 Mr. Gerber moved approval of the meeting minutes of April 21, 2008. Mr. Keenan seconded the motion. Vote on the motion: Ms. Salay, abstain, Mr. Reiner, yes; Mayor Chinnici-Zuercher, yes; Vice Mayor Boring, yes; Mr. Keenan, yes; Mr. Gerber, yes; Mr. Lecklider, yes. • Special Meeting of April 23, 2008 Mr. Gerber moved approval of the meeting minutes of April 23, 2008. Mr. Keenan seconded the motion. Vote on the motion: Ms. Salay, abstain, Mr. Reiner, yes; Mayor Chinnici-Zuercher, yes; Vice Mayor Boring, yes; Mr. Keenan, yes; Mr. Gerber, yes; Mr. Lecklider, yes. CITIZEN COMMENTS Wallace Maurer. 7451 Dublin Road congratulated the Law Director on his courageous move in 2006 to advise Council to make a landmark decision for this community, i.e. to remove the opportunity for free speech from him. Mr. Smith recently sent him copies of four cases, which he believes are a basis for the opinion provided that Council has full control over its agenda. Two of those cases are irrelevant, as they do not match his case. The other two are distantly relevant but in his favor, as they address the issue of immunity. However, there are also cases that demonstrate that Council has control over fixed items and rule out those cases in which there is deprivation of free speech. Mr. Smith's opinion makes one major omission, the provision this Council has in its statement on each and every agenda: "Anyone who wishes to speak to an item NOT on the agenda may address the Council." There is no restriction on the topic. He asked Mr. Smith or Council Member Keenan to provide him with one case in which municipal control of agenda overrules and overrides federal law. Mayor Chinnici-Zuercher responded that Mr. Maurer has received a response in the materials which Mr. Smith has forwarded to him. POSTPONED/TABLED ITEMS Resolution 28-08 (Amended) Adopting the City of Dublin's Goals for 2008-2009. Ms. Brautigam stated that a revised version of the resolution has been provided with the changes made at Council's request. Council had no questions/comments. Wallace Maurer, 7451 Dublin Road inquired what is meant by a comprehensive way finding system, as mentioned on page one, paragraph 3, 4'h item of staff's memo. Ms. Brautigam responded that item indicates the desire to have a uniform signage system in Historic Dublin. Uniform signage will provide easier recognition for patrons in the district to access parking, parks, the businesses and the library. RECORD OF PROCEEDINGS ~nutes of Dublin City Council Meeting DAYTON LEGAL BLANK. INC_ POr7M NO. !0148 May 5, 2008 Page 2 Held ~0 Vote on the Resolution: Ms. Salay, yes; Mr. Lecklider, yes; Mr. Reiner, yes; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes; Vice Mayor Boring, yes; Mr. Gerber, yes. SECOND READING/PUBLIC HEARING -ORDINANCES Ordinance 17-08 Adopting and Enacting a Modification to Section 153.072 of the City of Dublin Zoning Code to Address Building Setback Lines within the General Development Standards Section. (Case No. 08-OO8ADM) Mr. Langworthy stated that there were no changes in the ordinance as it was presented at the first reading. Vote on the Ordinance: Vice Mayor Boring, yes; Mr. Keenan, yes; Mr. Reiner, yes; Ms. Salay, yes; Mr. Gerber, yes; Mr. Lecklider, yes; Mayor Chinnici-Zuercher, yes. Ordinance 21-08 Authorizing the Granting of a 0.105 Acres, More or Less, Non-Exclusive Easement to Columbia Gas of Ohio, Inc. for Relocation of Regulator Station to the West Side of Liggett Road. Mr. Hammersmith stated that there were no changes in the ordinance from what was presented at the first reading. Mr. Keenan inquired if this is a housekeeping issue. Mr. Hammersmith responded affirmatively. It is being done in association with the work at the interchange, so that the existing regulator station can be relocated. Vote on the Ordinance: Mayor Chinnici-Zuercher, yes; Mr. Keenan, yes; Mr. Reiner, yes; Ms. Salay, yes; Mr. Gerber, yes; Mr. Lecklider, yes; Vice Mayor Boring, yes. INTRODUCTION/FIRST READING -ORDINANCES Ordinance 27-08 Authorizing the Purchase of a 0.82 Acre, More or Less, Fee Simple Interest, with 0.065 Acres of Present Road Occupation, from S.G. LA Myers, Ltd., Located on the East Side of Liggett Road, City of Dublin, Counties of Franklin and Union, State of Ohio, and Declaring an Emergency. Mr. Lecklider introduced the ordinance. Mr. Smith stated that this reflects an agreement reached with the property owners regarding the purchase price for this property. Approval by emergency is requested to facilitate the purchase in a timely manner. Mr. Hammersmith stated this involves a small corner of the property that is needed to construct the northbound off ramp to Post and Hyland-Croy Roads. Mr. Reiner moved to dispense with the public hearing and pass by emergency. Ms. Salay seconded the motion. Vote on the motion: Mayor Chinnici-Zuercher, yes; Mr. Reiner, yes; Vice Mayor Boring, yes; Mr. Gerber, yes; Ms. Salay, yes; Mr. Lecklider, yes; Mr. Keenan, yes. Vote on the Ordinance: Ms. Salay, yes; Mr. Lecklider, yes; Mr. Gerber, yes; Vice Mayor Boring, yes; Mr. Reiner, yes; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes. Ordinance 28-08 Adopting and Enacting Modifications to Various Sections of the City of Dublin Zoning Code Related to the General Purpose and Operations of the Board of Zoning Appeals. (Case No. 07-102ADM) Ms. Salay introduced the ordinance. Mr. Langworthy stated that is a code amendment related to the Board of Zoning Appeals. The purpose of the amendment is to consolidate various requirements and procedures, and to consolidate what is now divided into various sections of the Code into a single section related to the Board of Zoning Appeals. Section 153.231 has been modified to consolidate Sections 153.235, 153.237 and 153.238. It also revises the non-use variance standards of review -practical difficulty standards; adds separate standards for use variances -unnecessary hardship standards; and adds specific review authorities and procedures. This Code amendment has been recommended by the Law Director due to a recent Michigan Supreme Court case that defined the requirements for non-use variance standards, and further ruled that no single criteria could be considered determinative. This DAYTON LEGAL BLANK, INC.. FORM NO. 10148 Held RECORD OF PROCEEDINGS Dublin City Council May 5, 2008 Me_cting Page 3 amendment provides two sets of variance standards. Of the first set, all three variance standards must be met for all variances: (1) that there are special conditions and circumstances that would apply to the property; (2) the reason for the variance, or the practical difficulty, was not created by some action or inaction by the property owner; and (3) there would be no adverse effect on adjacent properties, nor would the intent and purpose of the zoning requirement be impaired by approval of the variance. Of the second set, at least two of the four standards must be met: (1) no special privilege was conferred and no rights would be deprived through the denial of the variance; (2) the variance is not of a general recurrent nature; (3) there would be no adverse effect on the delivery of services; and (4) the practical difficulty or need for the variance cannot be relieved by some other method that follows the Code. Ms. Salay stated that at the time she served on BZA, the Board revised its way of approaching variances. This has now been incorporated into easy to understand language. Mr. Langworthy noted that all of the separate use standards added must be met: (1) that extraordinary circumstances apply to the property or the intended use of the property; (2) the proposed use does not alter the essential character of the area; (3) the use cannot be detrimental to the adjacent property or neighborhood; (4) the land, building or structure could not reasonably be used for permitted or conditional use in the district; and (5) the need for the variance was not caused by an action or inaction by the applicant. If the BZA determines that all the above standards are met, it will still be necessary for Council to provide final approval of the variance. Mr. Langworthy added that some routine actions that currently require Board of Zoning Appeals action have been moved to administrative actions that are approved by the Director of Land Use and Long Range Planning. Those are addressed in Sections 153.073, 153.163 and 153.201. Conditions for affirmative decisions, clarification of application and hearing notice requirements, and effective date of this legislation have been provided. In addition, the amendment provides for cone-year resubmittal limitation, a single six-month extension for use of the variance approval, and clarifies the authority for administrative appeals and procedures for Building Code appeals. The Planning Commission and the Board of Zoning Appeals have reviewed the amendments and recommend Council approval. Mayor Chinnici-Zuercher referred to the Home Occupation section, which provides for approval to be given by the Director of Land Use and Long Range Planning after a public notice. Because there is no public hearing held, what constitutes the public notice? Mr. Langworthy responded that the same procedure for public notice to the adjacent properties and property owners would continue to be used. Mr. Lecklider referred to Section 153.018 B3, Conditional Uses. As this is written, there is very little discretion in denying a conditional use. Is that a correct interpretation? Mr. Langworthy responded that he believes there continues to be a fair amount of discretion in dealing with conditional uses, but certain criteria would need to be met. He does not believe this particular section would limit that authority, but the Law Director may have a different opinion. Mr. Smith stated that he agrees. However, before the second hearing, a memo will be provided to Council that clarifies some of the criteria that must be met in order for that discretion to be exercised. Mr. Lecklider stated that he recalls some current discussion on conditional uses and the extent of discretion that exists. RECORD OF PROCEEDINGS Dublin City Council Meeting DAYTOCJ LEGAL BLS>NK, INC., FORM11 NO. 1~1.1~ _ __ May 5, 2008 Page 4 Held 20 Mr. Langworthy stated that in addition to the memo of clarification for the second reading, an example of a case that has occurred in the past will also be provided. Ms. Salay stated that in the past, when conditional uses were discussed, the neighborhood's perspective was that a conditional use in a plan posed no significant concern, as it would still need to be reviewed by the Planning Commission -- where it was not likely to be approved. That is not correct. To avoid future difficulties, it would be preferable not to include some items as conditional uses. Mr. Smith responded that the law has changed and there has been some case law regarding this. The memo and example provided for the next meeting will provide a better understanding of this section. There will be a second hearing/public hearing of the ordinance on May 19. INTRODUCTION/PUBLIC HEARING -RESOLUTIONS Resolution 30-08 Accepting the Lowest and Best Bid for the 2008 Stormwater Management System Maintenance Program. Mr. Lecklider introduced the resolution. Mr. Hammersmith stated that this contract will provide for the continued maintenance of the City's stormwater system. It is a critical component for remaining in compliance with the NPDES-Phase 2, Stormwater permit requirements. The George J. Igel Company submitted the low bid of a unit price of $1,440. Staff recommends approval. Mr. Reiner requested clarification of the unit price of $1,440/hour. The memo indicates that the bid and contract for this program are based on a per unit hour cost for providing laborers, foreman, and equipment. What was the bid based on? Mr. Hammersmith responded that the items of laborer, foreman, and piece of equipment were suggested as a basis of measurement for the bid. Mr. Keenan inquired if there was an initial project estimate. What was the expectation for the per unit cost? Mr. Hammersmith stated that this is only a 4-5 percent increase over last year's contract with Igel. Mr. Keenan inquired if fuel surcharges were built into the contract. Mr. Hammersmith responded that they were not. The costs include all the fuel for their equipment and mobilization, but do not include the equipment. This follows a work order system, so if there is something that needs to be repaired, they must provide a quote regarding their needs in terms of manpower and/or equipment. Vote on the Resolution: Mr. Keenan, yes; Mr. Lecklider, yes; Mr. Gerber, yes; Ms. Salay, yes; Mayor Chinnici-Zuercher, yes; Vice Mayor Boring, yes; Mr. Reiner, yes. Resolution 31-08 Accepting the Lowest and Best Bid for Phase II of the HVAC Improvement Project at the Dublin Recreation Center Leisure Pool and Authorizing the City Manager to Enter into a Contract for Said Services. Ms. Salay introduced the resolution. Ms. Crandall stated that Phase I was completed last year. Three bids were received for this project. The lowest bid was withdrawn, due to an error in their bid calculations. Therefore, staff recommends acceptance of the next lowest bid for $509,000 from General Temperature Control. The project was estimated and budgeted for $530,000. Because this project will extend the annual Recreation Center shutdown period, the outdoor pools will remain open longer to serve patrons. Mayor Chinnici-Zuercher inquired if the City has had past experience with General Temperature Control. Ms. Crandall responded that the City has not. Phase 1 of the project was completed last year by J.A. Guy. General Temperature Control's references have been reviewed, and staff believes their qualifications are satisfactory. RECORD OF PROCEEDINGS ~~s of Dublin City Council DAYTON LEGAL BL4NK INC. FORM NO, 10]g9 May 5, 2008 Held -_1VTeetin.g Page 5 -- 1. Mr. Keenan stated that there is a significant potential for problems with HVAC in pool areas due to temperature, humidity and air pressure. He was involved in a professional liability claim with respect to this topic. He understands that the air pressure is as important as the humidity and temperature control. Ms. Crandall responded that these renovations are actually being done as a result of a lawsuit over certain issues regarding air circulation. Mr. Smith responded that the City prevailed in its lawsuit on these issues, and the necessary renovations were planned in two stages. In discussion with experts during this time, staff became very aware of six to eight critical issues related to this subject and are very cautious in how those are handled. Ms. Crandall noted that after Phase 1 of the project was completed, the air balance was tested and it tested perfect. At least two years were invested in work with the design firm. Mr. Keenan inquired the name of the design firm. Ms. Crandall responded that it is EMC, located in Colorado. Mr. Keenan inquired if professional liability insurance is in place. Ms. Crandall responded that it is. Ms. Salay indicated the recent renovations are very attractive, but there appears to be some indoor window trim that remains missing. Will that be completed this year? Ms. Crandall responded that staff is looking into ways to complete that. The existing color is the color of the metal itself. Vote on the Resolution: Vice Mayor Boring, yes; Mr. Keenan, yes; Mr. Reiner, yes; Mayor Chinnici-Zuercher, yes; Mr. Gerber, yes; Mr. Lecklider, yes; Ms. Salay, yes. OTHER • Fee Waiver Request - Cramer's Crossing Homeowners Association Ms. Brautigam stated that Cramer's Crossing Homeowners Association desires to install an entry sign at the Rings Road entrance to the subdivision. They have requested that the application fee of $980 be waived. The basis for their request is that they believe Rockford Homes should have been required by the City to install the sign. When staff researched past City action on this topic, it was discovered that Wyandotte Woods recently reconstructed a renovated sign, and they paid the application fee. Therefore, staff recommends disapproval of their request. Mayor Chinnici-Zuercher inquired if any other homeowner associations had requested a fee waiver for this purpose and were granted the waiver. Ms. Brautigam responded that there have been none. Association stated that their community development was completed and the homeowners association was turned over to the residents in 2006. This year, the association indentified a need to enhance the two entrances to the subdivision, at Avery Road and at Rings Road. Particular attention is needed at the Rings Road entrance. To minimize the financial impact to the homeowners, the board developed a three to five-year budget plan to complete the improvements. The homeowners pay a higher than average homeowners' fee in order to meet the cost of maintenance of the reserve area. Recently, Council passed a resolution that eased the homeowners' financial responsibilities for the turf and retention pond maintenance. As a result, the HOA will be able to reallocate those dollars and accelerate the plan to improve the entrances, hopefully this year. Some of the work has already begun. The entrance to Rings Road is insignificant in comparison to the other community entrances along Rings Road, and it lacks signage to identify their community. As land to the south of their community develops and with the eventual extension of Tuttle Crossing Boulevard to Rings Road, the Rings Road entrance will likely become the primary entrance to their community. The HOA contends that the missing entryway feature for this entrance is typically provided for in a subdivision's final development plan, but in their case was overlooked by the developer and the City. Adding it now requires City approval of an amendment to the Cramer's Crossing final development plan. The cost of the application is $980. The HOA believes those funds would be of much greater benefit to the homeowners and the City, as well, if it were spent . RECORD OF PROCEEDINGS Mix~u~~f _ _ Dublin City Council May 5, 2008 He Page 6 on the project itself rather than the application fee. Therefore, they respectfully request that Council waive the $980 fee for their application. Mayor Chinnici-Zuercher inquired if staff is aware of how many HOAs have installed signage at a later date, as opposed to the original developer doing so. Ms. Brautigam responded that staff does not have that information at this time. Mr. Gerber stated that he would also like that information. When he served on the Planning and Zoning Commission, it was common practice to require developers to install entry features and signage for a development. He does not know how this one was missed. Ms. Brautigam stated that neither she nor the Planning Director were on staff at the time the plan was approved. There is a very lovely entryway to this community on Avery Road. Perhaps at the time the development was approved, the Avery Road entryway was anticipated to be the primary entrance and the funding for the entryway focused on that entrance. Mayor Chinnici-Zuercher inquired what the record provides regarding the discussion on the entryways for this development. Mr. Langworthy stated that they do not have that information tonight, but they can research that. Ms. Salay stated that perhaps the developer had not originally planned an entrance at Rings Road, but the City required it, consistent with its requirement of two entrances for safety purposes. Is the $980 fee intended to be a cost recovery fee, based on the cost of staff time associated with review of the case? Ms. Brautigam responded affirmatively. Ms. Salay added that if a homeowners association wants to undertake an improvement project that will benefit their community as well as enhance the larger Dublin community, it seems the City should be supportive of that effort. If they are willing to spend the $20,000 for the improvements, the City could help with the enhancement by waiving the application fee. She does not know if the previous Wyandotte Woods project is a valid comparison, as it may have been a larger project. There was a sign that had to be moved and there were public right-of-way issues. She is not certain the review for the developer's project and the review for a homeowners association would be the same. She would be in support of waiving of this fee and would encourage other Council members' consideration to do the same. Vice Mayor Boring inquired if the practice has been that when there are two entrances to a subdivision, one is emphasized as the primary entryway. Mr. Langworthy responded that he could not respond that it is done universally, as it would depend on the roads at those entryways. Mr. Gerber stated that it has been the Planning Commission's practice to require gateway features at both entrances. Although one would be the major entrance and the other the minor entrance, both would be identified with a gateway feature. Vice Mayor Boring stated that in this particular case, the entrance on Avery Road is nicely done. Mr. Langworthy confirmed that is the case. Vice Mayor Boring inquired if there are other neighborhoods in the City that do not have entryway features or signage, such as Tara Hill? Ms. Salay responded that there are also many areas that do have entryways. Brighton Park in the southwest has a beautiful entry feature on Rings Road. They also have an entry feature the developer built in advance that is currently on a bikepath. The plan for a road in that area changed. There isn't a consistency in all neighborhoods. In her neighborhood, there are multiple entrances. Some have entry features, but some do not. Mr. Langworthy stated that some are formal entrances; others informal. Some have signage, and some do not. Vice Mayor Boring stated that Council has already reduced the maintenance expenses for this neighborhood with a recent action. RECORD OF PROCEEDINGS Minutes of Dublin City Council __ _MeetinQ__ AYT N t.FGAI. BANK, 1~..^, , FOFP.1 NO 1 L'ILA _ .. - May 5, 2008 Page 7 Held ?~ Ms. Salay stated that was a completely separate issue, which was brought to Council by Mr. Hahn for resolution. In this case, the request is for waiver of an application fee for upgrading an entryway. Vice Mayor Boring stated that her concern is that the City be consistent in how it handles these neighborhood matters. Mr. Gerber stated that his concern is the fact that either the developer received a "pass" on this, or the City missed something. Now, some years later, the residents have to pay the costs for that error. He would like to review the record to determine what happened in this case. For some years now, the City has required the developer to construct the gateway features for a neighborhood. Mr. Lecklider inquired if anyone could recall what action Council took in the case of Lowell Trace. He recalls arguing on their behalf. Their original wooden sign was in poor condition, and there was also consideration of an irrigation system. He believes Council waived the application fees for Lowell Trace. He also recalls that when Hemingway Village wanted to install an irrigation system on Coffman Road, Council waived the tap fee. He would view this particular development as unique. There are not many developments with entries off of primary roads, such as Rings Road. Tara Hill was used earlier as an example. During the Tara Hill Traffic Calming Task Force meetings, Council at one point discussed an entry feature for that neighborhood. He would view their situation as unique. The Indian Run subdivision is one of the older developments in the City. It straddles Muirfield Drive; he is not certain where an entry feature could be placed. There is one part of Indian Run that exists between Muirfield and Avery Roads, where the two roads separate. Under the circumstances, he would be inclined to support Cramer Crossing's request for an application fee waiver. In regard to Wyandotte Woods, he believes there was an existing sign and they wanted to do a modification. Mr. Langworthy confirmed that the application was for a revision to signage. Mr. Lecklider stated that he is not certain that he would not have supported a waiver in that case, if they had requested such a waiver. Mr. Reiner stated that he agrees with Mr. Gerber. He does not want to vote on this tonight in order to review what occurred previously with this case. How was the other entryway treated? He recalls voting against this rezoning for reasons he cannot recall at this time, although this may have been part of it. He is also concerned about setting a precedent. If Council waives this fee, there will be multiple similar requests in the future. Some subdivisions have had to pay their fees. In this case, the City would be using the general taxpayers' money to benefit a specific subdivision. He also understands Ms. Salay's argument that this would constitute a general upgrade to the neighborhood. He believes the staff is correct in their recommendation. He would like to review the record on this case before voting and setting a precedent. Mayor Chinnici-Zuercher stated that it would be helpful to have that record for the next meeting. She would also like to review a list that shows what previous fee waiver requests the City has received and what decisions were made. Council needs to establish a policy on this so that consistency can be maintained. Council needs to be aware when they vote what policy that will be setting. She requested that staff provide the information for the next meeting, at which time the request would be voted on. Mr. Langworthy requested clarification regarding the type of fee waiver requests. Mayor Chinnici-Zuercher responded that they would be related to subdivision entry features. Vice Mayor Boring requested a list of those subdivisions that have already paid application fees related to entryways. Mayor Chinnici-Zuercher stated that it may not alter the decision that is made in this case, but Council would recognize the general policy up to this point. In regard to the earlier comment about the review process, it would be her understanding that the review would be the same for either the developer or the homeowner association regarding an entry feature. The cost for services would be related to the work necessary for the review, regardless of the applicant. Ms. Brautigam concurred. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meetin~_ Page 8 May 5, 2008 Mr. Keenan stated that would not necessarily be true. When Council reviews the cost of services update each year, they look at various areas of subsidy, such as the Community Recreation Center. Everyone is not necessarily treated the same. Maybe that same perspective should be applied to this particular issue. Council has just adopted a new set of goals. Goal #4 states: "provide a high quality of life by emphasizing neighborhoods and fostering a sense of community ... continue Dublin's high quality of life by focusing on creating and maintaining strong neighborhoods. This can be achieved by incorporating desirable neighborhood elements in the built environment and by promoting neighbor to neighbor connections." Mayor Chinnici-Zuercher responded that she believes all Council members are in agreement on that. However, Council would like to see what the record states and whether Rockford Homes should have been held accountable. If that is what the record demonstrates, perhaps the City should go back to them. It will be helpful to know that, as Council will not only be voting on the application before them but will be setting future policy. Mr. Keenan stated that in regard to the cost of services, the City does consider various elements. Ms. Brautigam responded that the cost of services is based only upon the facts and data. Council can make policy decisions to reduce the fees for certain items. Mr. Keenan stated that one example would be in the cost charged to a resident versus a non-resident. Ms. Brautigam concurred. Ms. Salay thanked everyone for their consideration. She is aware that Council is potentially setting policy with this decision. Mayor Chinnici-Zuercher added that she wants to make certain that the Cramer's Crossing residents present understand Council's discussion tonight. The homeowners association has presented a matter to Council that requires Council to make a public policy decision for the future. A decision will be made at the May 19 meeting. • Proposed Council Field Trip to Crocker Park, Westlake, Ohio and Downtown Hudson, Ohio Ms. Adkins stated that this topic relates to a proposed field trip for Council, staff members, and Planning Commission members. The objective would be to visit two projects that staff has visited this past year. Because these projects demonstrate many of the land use principles and strategies contained in Dublin's Community Plan, staff believes it would be beneficial for Council and Planning Commission to visit these areas. Crocker Park Crocker Park in Westlake -- a suburb of Cleveland -- is similar to Dublin. This project is considered by planners to be a true mixed-use project, ensuring that living needs for all uses are provided in one place and within walking distance. Over half of the project is residential; a third is retail; and approximately 13 percent is office use. Vice Mayor Boring stated that Council has discussed the issue of how much new retail can be accommodated while not drawing away business from existing retail. How can a comparison be made to Dublin in a project with two million square feet of uses? This project has 610,000 square feet of retail, and Dublin can support only 60,000 additional square feet. Ms. Adkins responded that the retail study for the Community Plan did identify the need to focus on smaller scale, neighborhood-serving retail versus large scale, regional retail. This project does encourage local retail businesses; however, they do not have a cap on the regional-serving retail. Much of this project is supporting retail, such as grocery stores. In Dublin, it would be necessary to look at the scale of the retail, who it would service, and where it is located in the community. Mrs. Boring stated that she believes the project should be more comparable to what is trying to be achieved in Dublin. She is concerned that an effort is not being made to limit the amount of new retail in concert with what is recommended in order to avoid creating more empty spaces such as the Dublin Village Center. The project staff is proposing Council visit would constitute an entire new town. RECORD OF PROCEEDINGS _ ~i_nu~e~~ Dublin City Council _ __ Meeting. _ DAYTON LEGAL BLANK. INC.. FORM NO. 70148 May 5, 2008 Page 9 Held 20 Ms. Brautigam stated that the point is that Westlake has some features that have been discussed in Dublin's Community Plan -walkability, combining residential and retail in close proximity, and the use of parking structures. This would be a good project for demonstration. A similar amount of retail is not being suggested for Dublin. Vice Mayor Boring responded that with Crocker Park, there are massive tax dollars, massive amounts of land, and two million square feet of development. Accordingly, the outcome is very nice; however, scaling that down to one tenth the size would look very different. She would recommend visiting Daniel Island in the Charleston, SC area. It has the elements in the right scale, with appropriately placed alleyways, and works well. Crocker Park doesn't have a village feel. Ms. Salay stated that she has a different perspective. When Council was working on the Community Plan, they visited Westhaven in Franklin, Tennessee. It provided great examples of alleyways, small lots and high quality. She viewed this as a way to fill the Dublin Village Center space, a way to incorporate residential, supporting retail, walkability, and everything that is intended for the COIC area. The people who will live in the COIC area will want something different than Dublin currently has. During Community Plan discussions, she was concerned about integrating so many elements in one area. She would be interested in seeing this demonstrated. She inquired how staff became acquainted with the Crocker Park development. Ms. Adkins responded that at the Ohio Planning Conference last summer, Westlake gave a presentation on Crocker Park as an example of suburban mixed-use development. Staff researched it as a possibility for a day trip. Ms. Salay inquired if the area is mostly built out. Ms. Adkins responded that it is nearly completed. Ms. Salay noted that a key factor for her is whether people are buying into the development and desire to live there. Mr. Keenan inquired if it has a European feel. Mayor Chinnici-Zuercher stated that it is more of an "Easton" type of development. Ms. Adkins clarified that in Easton, the space above the retail is primarily office. In Crocker Park, it is primarily residential. It is has the feel of Easton, but it is of a better quality. Ms. Salay inquired if ARB should participate in this field trip. Ms. Adkins responded that it could be worthwhile, particularly the Hudson portion. Mr. Keenan inquired the demographics of the residents. Ms. Adkins responded that staff will obtain that information if it is available. Mr. Gerber inquired why staff is suggesting this field trip to these two locations. The City has just completed athree-year Community Plan review, and these concepts have now been accepted for the COIC, for the Historic District and for the improvement of Dublin Village Center. Why is it now necessary to invest additional time and money to view these developments? Ms. Adkins responded that although the town center concept is clearly outlined in the Community Plan, it is always helpful to view first hand how some of those elements, such as parking structures and public spaces, have been achieved in another community. When a future developer wants to create a town center, it would be helpful to request some elements that Dublin has seen demonstrated and supports. Mr. Gerber stated that he could understand if the City were developing this land, but that is not the case- It will be a private developer who will come up with the concepts, including very specific drawings. Staff has done an excellent job over the years in providing information on what is being done in other communities. As a result, the City has made the right decisions more often than not, and those decisions did not require making visits around the country to see examples. In addition, Council has established a goal of seeking to be "cutting edge." Why would it be desirable to copy another development? Ms. Adkins responded that the point would be not to copy, but to observe and learn. Mr. Keenan responded that it would be interesting to see how these developments incorporated the parking structures. He would be interested in seeing how that operates in a couple of locations. In Oxford, Ohio, there is a nondescript structure that relieves the parking issues and appears to serve the Miami University community well. RECORD OF PROCEEDINGS Minutes of Dublin City Council Me~~~nb OAVTON LEGAL BLANK, INC.; FORM NO. 101x8 ___ _. Held li May 5, 2008 Page 10 Mr. Gerber stated that two years ago, a staff member shared with the Planning Commission many pictures of various parking facilities around the country. Some of those appeared more like buildings than parking structures. The City already has those examples in hand. Mayor Chinnici-Zuercher requested that Ms. Adkins proceed with the Hudson tour preview. If a day for the field trip is scheduled, Council members may choose to participate or not. At one time, staff had suggested visiting Carmel, Indiana. She assumes Crocker Park is the alternative to that, as Carmel has similar features. Ms. Adkins responded that this is not intended as an alternative, but as an option. No one from staff has visited Carmel to date, but it is being considered. Downtown Hudson Ms. Adkins noted that the City of Hudson is also in northeastern Ohio and near Westlake, which is why a combined trip to Hudson and Crocker Park in one day is feasible. The redevelopment of the historic district of Hudson was apublic-private partnership. The site plan was a continuation of the existing historic district character in scale and uses. It contains a new library facility, several public spaces, a residential area adjacent to the project, a grocery store, and City Hall. They have remained true to the historic character of the district in terms of architecture, signage, scale and mix of uses. This project does include a cap on national retail chains at 50 percent, with a requirement that the remaining 50 percent be local businesses. Hudson has many similarities to Dublin's Historic District in terms of public-private partnerships, redevelopment, maintaining historic character - those characteristics contained in the Community Plan and the draft Historic Dublin Revitalization Plan. Mayor Chinnici-Zuercher inquired if staff has suggested dates for the field trip. Ms. Adkins responded that staff has not. They were thinking of a June timeframe ,but any time in 2008 would be a good goal. Mayor Chinnici-Zuercher requested Council members to check their calendars, and either later tonight or via email, determine if they can identify a date that would work for the visit. She added that the profile information would be helpful to have as well. Wallace Maurer, 7451 Dublin Road stated that on page 1 of staff's memo, paragraph 3, line 6, the expression "creates vitality to a city" should probably be "contributes vitality to..." or creates vitality in..." Ms. Brautigam agreed that "contributes" probably would have been the appropriate word. Mr. Reiner inquired if the Planning Commission members would be included on the trip. Ms. Adkins responded that they would be invited to participate. STAFF COMMENTS Ms. Brautigam noted that a copy of a letter has been provided to Council tonight, which will be sent out tomorrow to the neighborhoods in the Post Road area. It will alert them regarding the scheduled construction of the roundabout and the redirection of Post Road later in the summer. Vice Mayor Boring inquired if this information would also be published in the newspaper for the benefit of the commuters who use Post Road. Ms. Brautigam responded affirmatively. COUNCIL ROUNDTABLE/COUNCIL COMMITTEE REPORTS Manor Chinnici-Zuercher stated: 1. In their packets, Council members received a copy of correspondence from COTA. Recently, she and Ms. Brautigam participated in the formal signing of an agreement to include Dublin in the COTA Board. Dublin will not have an actual board seat for a couple of years, due to the rotation of representation. In the past, there also existed the COTA Transit Legacy Council, which she served on for a number of years. That is now being replaced with a new advisory board. If any Council Member has an interest in serving on this Board, please let her know and the appointment will then be formalized at the May 19 Council meeting. 2. The annual Police Memorial service is scheduled for Thursday, May 8 at 2:30 p.m. at the Dublin Justice Center. Mr. Gerber will be representing Council. RECORD OF PROCEEDINGS u~~~of Dublin City Council DAYTON LEGAL BLANK INC FORM NO. 10148 Held I I May 5, 2008 Page 11 3. The Veterans Committee will be making a decision on Friday regarding pavers for the project. She asked Mr. Keenan to report on this. Mr. Keenan reported that at the last Committee meeting, a motion was recommended regarding the size, use, number of characters, and content of the inscription. At the end of that meeting, the Committee requested that staff recommend the language for a motion which captures the intent of the discussions. That motion has not been voted on by the Committee, which will meet on May 9. Vice Mayor Boring stated that the minutes indicated that the members were considering whether to allow the use of corporate names. In that case, is the Committee also considering allowing the use of family names for the inscriptions? Mr. Keenan responded that it is his understanding that would be acceptable. The major issue of discussion was whether the use of corporate names would be acceptable, and if so, how that would be accomplished. There are differing opinions on the Committee. While no advertising-type inscriptions would be permitted, there is sentiment regarding the opportunity for corporate citizens to participate in this. This matter will be discussed again at the May 9 meeting. Mr. Reiner noted that the Committee also expressed a desire to keep this group active. The group would review the process to ensure that the use of corporate names is not for the purpose of advertising, but to express support for the veterans. Mr. Keenan stated that the inclusion of corporate names was very important to the fundraising subcommittee. 4. Contained in the packet is a memo regarding the cost study update with a recommendation going forward. She asked staff to comment. Ms. Grigsby stated that in last year's review, Council discussed with the Finance Committee the possibility of modifying the process this year. Staff would use the consumer price index to perform the calculations of the per unit cost increases, and would then make proposals for any recommended changes as well as any new services that have been identified in the process. In addition, staff is anticipating bringing the consultant back to conduct another cost study the following year. Mrs. Boring inquired why it was not done in this manner previously. Was the model set u~ to do it differently? Ms. Grigsby responded that for years there were quite a number of changes related to staffing, the number of units of service, and the different types of units of service. Based on staff's review, this year there would be an opportunity to use this method. Mr. Keenan stated it is evidenced by the fact that there were fewer changes last year than occurred in previous years. Mr. Keenan reported that the US 33 Corridor group met on Wednesday, April 23, and another meeting of that group will occur on May 6. Ms. Salay commented in regard to the topic Mr. Maurer continues to bring before Council. She has calculated that Mr. Maurer's comments on the topic of the City Engineer's firing have totaled 6-1/2 hours of time during her Council service. All the professionals involved in this matter have moved on. She believes that her colleagues, as she, are similarly satisfied with the outcome. That being said, when professionals attend Council meetings to address Council on various issues, their clients are billed for the time spent at the meetings. She has reached her limit on this issue. The City's Law Director has advised Council that Council is well within its rights to request that Mr. Maurer not speak on this topic. It would be in Mr. Maurer's best interest as well as Council's to move on to other topics. Therefore, she is requesting that Mr. Maurer not waste any additional Council time. Council has the prerogative not to permit citizen comment in its meetings. She does not want to take that action, however she is frustrated with how much Council time has been spent on the topic Mr. Maurer continues to bring up. She requests that Mr. Maurer use the five minutes of citizen comment time to address Council about topics that are relevant and ones of interest to Council. Mayor Chinnici-Zuercher added: 1. She recently had the opportunity to join Governor Strickland at Pacer Global Logistics for the National Gateway announcement by CSX. They announced they RECORD OF PROCEEDINGS Dublin City Council _ _ _ DAYTON LEGAL BLANK INC.. FORM NO. 70148 Held May 5, 2008 Meeting_ Page 12 are building two intermodal areas, one in southern Columbus and one in Wood County. It is hopeful that CSX will secure funding to continue to improve and expand the train system. 2. Last week, Dublin Area Art League conducted the calendar art contest. The exhibit remains on display at the Recreation Center. The 12 winning entries were selected by the three Dublin high school art teachers. 3. On May 1, she participated in the Full Potential Community Breakfast that was hosted by Nationwide Children's Hospital to discuss the ten indicators of health issues affecting children in the Columbus community. 4. Aboard and commission orientation will take place tomorrow evening for the new P&Z and BZA members, and Council Members are welcome to attend. 5. The BriHi Square groundbreaking is scheduled for Thursday, May 15 at 5:30 p.m. in Historic Dublin. All are encouraged to attend. ADJOURNMENT TO EXECUTIVE SESSION Mayor Chinnici-Zuercher moved to adjourn to executive session at 8:30 p.m. 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 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. Gerber, yes; Mr. Reiner, yes; Ms. Salay, yes; Vice Mayor Boring, yes; Mr. Lecklider, yes; Mayor Chinnici-Zuercher, yes; Mr. Keenan, yes. meeting was reconvened at 8:50 p.m. and formally adjourned. Mayor -Presiding Officer j