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HomeMy WebLinkAbout01/03/2005 RECORD OF PROCEEDINGS Minutes oC______ Dublin City Council Meeting DAYTON LEGAL BLANK, INC.. FORM NO 10148 January 3, 2005 Held 20 Mayor Chinnici-Zuercher called the regular meeting of Dublin City Council to order at 7:00 p.m. on Monday, January 3, 2005 at the Dublin Municipal Building. PLEDGE OF ALLEGIANCE Mrs. Boring led the Pledge of Allegiance. ROLL CALL Present were: Mayor Chinnici-Zuercher, Vice Mayor Lecklider, Mrs. Boring, Mr. McCash, Mr. Reiner and Ms. Salay. Mr. Keenan was excused. Staff members present were: Ms. Brautigam, Mr. Smith, Ms. Grigsby, Mr. McDaniel, Chief Epperson, Mr. Hahn, Ms. Puskarcik, Ms. Gilger, Mr. Villareale, Ms. Crandall, Mr. Price, Mr. Bird, Mr. Harding, Mr. Hammersmith, Ms. Heal and Ms. Hoyle. ADJOURNMENT TO EXECUTIVE SESSION Mayor Chinnici-Zuercher moved to adjourn to executive session for personnel matters. Mr. Lecklider seconded the motion. Vote on the motion: Mrs. Boring, yes; Ms. Salay, yes; Mr. Lecklider, yes; Mr. Reiner, yes; Mr. McCash, yes; Mayor Chinnici-Zuercher, yes. The meeting was reconvened at 7:45 p.m. APPROVAL OF MINUTES Ms. Salay moved approval of the minutes of the meeting of December 13, 2004. Mr. Lecklider seconded the motion. Vote on the motion: Mr. Reiner, yes; Ms. Salay, yes; Mr. Lecklider, yes; Mrs. Boring, yes; Mayor Chinnici-Zuercher, yes; Mr. McCash, yes. CORRESPONDENCE The Clerk reported that two notices were sent to Council from the Ohio Division of Liquor Control: (1) a new D5A permit for Embassy Suites; and (2) transfer of corporate stock ownership for Ted's Montana Grill on Sawmill Road. There was no objection from Council to the permits. CITIZEN COMMENTS There were no comments from citizens. LEGISLATION SECOND READING/PUBLIC HEARING ORGANIZA TIONAL STRUCTURE Ordinance 83-04 Amending the Organizational Structure of the City of Dublin. Ms. Brautigam stated that these changes are being made to improve the efficiency of the City and she recommends adoption. Vote on the Ordinance: Ms. Salay, yes; Mr. Lecklider, yes; Mr. Reiner, yes; Mayor Chinnici-Zuercher, yes; Mr. McCash, yes; Mrs. Boring, no. CODE AMENDMENTS Ordinance 84-04 Amending Sections 137.01 and 137.08 of the Dublin Codified Ordinances Regarding Unlawful Manufacturing, Importation, Possession, Purchase, Sale, or Transfer of Assault Weapons, and Declaring an Emergency. Mr. Smith requested that this ordinance be postponed in order to allow staff to obtain more information RECORD OF PROCEEDINGS Minutes oL_ Dublin City Council ------------------- - ----_.- Meeting DAYTON LEGAL BLANK.INC" FORM NO 10148 January 3, 2005 Page 2 Held 20 The ordinance was postponed until the January 18 Council meeting. Mayor Chinnici-Zuercher suggested that the following three ordinances be ",., addressed at the same time, due to their similar nature. Ordinance 85-04 Amending Section 150.00 of the Dublin Codified Ordinances, Adopting the 2004 Residential Code of Ohio. Ordinance 86-04 Modifying and Adopting the ICC (International Code Council) 2003 National Property Maintenance Code and Amending Portions of the Dublin Codified Ordinances. Ordinance 87-04 Amending Section 150.00 of the Dublin Codified Ordinances, Adopting the 2005 Edition of the National Electrical Code. Mr. McCash stated that he received a phone call from Mr. Price regarding this and the two ordinances that follow. One of the questions related to the implementation of the National Electric Code was with temporary electric permits. He believes they were already addressed under the building code. Mr. Price responded that there are instances where there are not buildings involved - lights poles, special events, etc. They are within the scope of the National Electric Code and therefore he is recommending the adoption of the NEC. Mr. McCash stated that his only concern with that would be coordination. Mr. Price assured him that he would make every effort to smoothly carry out the administration of these changes. Vote on the Ordinances: Mayor Chinnici-Zuercher, yes; Mr. Reiner, yes; Ms. Salay, yes; Mr. McCash, yes; Mr. Lecklider, yes; Mrs. Boring, yes. INTRODUCTION/FIRST READING - ORDINANCES BID AWARD Ordinance 01-05 Accepting the Lowest/Best Bid for the Killilea Park Project and Appropriating Funds Therefor. (Second reading/public hearing January 18, 2005 Council meeting) Mr. Lecklider introduced the ordinance. Mr. Hahn stated that this is a neighborhood park for the Killilea subdivision. Staff is recommending this be held over for second reading/public hearing on January 18. Mayor Chinnici-Zuercher asked if the neighborhood participated in its development. Mr. Hahn responded affirmatively. Citizens were involved with public meetings and concept designs for this park. There will be a second reading/public hearing at the January 18 Council meeting. ECONOMIC DEVELOPMENT INCENTIVE Ordinance 02-05 Authorizing the Provision of Certain Incentives for Purposes of Relocating the Operations of Automation and Control Technology, Inc. (ACT) and Its ~. Workforce to the City, and Authorizing the Execution of an Economic Development Agreement. (Second reading/public hearing January 18, 2005 Council meeting) Ms. Salay introduced the ordinance. Ms. Brautigam stated that this company is a spin-off of ABB and has chosen to locate in Dublin and has purchased a facility. In view of this permanent commitment to the City, staff is recommending approval at the second reading/public hearing. Mayor Chinnici-Zuercher stated that this is also a great opportunity for reuse of an existing building. The vacancy resulted from the previous company relocating to a larger facility. There will be a second reading/public hearing at the January 18 Council meeting. LAND ACQUISITION RECORD OF PROCEEDINGS Minutes of Dublin City Council un Meeting DAYTON LEGAL BLA~K. INC" FORM NO. 10148 January 3, 2005 Page 3 Held 20 Ordinance 03-05 Authorizing the Purchase of a 0.447 Acre, More or Less, Tract of Land, from John D. Keith, Jr., Located at 6101 Avery Road, City of Dublin, County of Franklin, State of Ohio. (Second reading/public hearing January 18, 2005 Council meeting) Ms. Salay introduced the ordinance. Mr. Smith noted that this property is located on Avery Road and Council gave direction to negotiate acquisition of these properties. It is in keeping with the appraisal and staff is recommending approval at the second reading/public hearing on January 18. Mr. Lecklider noted that without reviewing the appraisal report, the purchase price seems very high for the amount of land involved. Mr. Smith responded that this amount falls within the parameters of the appraisal. There are a number of properties to be purchased for this road widening and many owners are asking much higher prices. This property is located on a corner and the City hopes to combine this with other properties so that a transition can be made for the Avery Road area. It is important to acquire this when the opportunity presents itself. It is located north of the photography studio along Avery. Mrs. Boring asked that maps be provided for the Keith property and for the economic development agreement for the next meeting. There will be a second reading/public hearing at the January 18 Council meeting. INTRODUCTION/PUBLIC HEARING - RESOLUTIONS RESOLUTION OF SUPPORT Resolution 01-05 In Support of the Retention of Jobs at the Defense Supply Center Columbus. Mayor Chinnici-Zuercher introduced the resolution. Ms. Brautigam stated that Steve Tugend, Vice President of Government Relations, Greater Columbus Chamber of Commerce is present to address Council regarding this resolution. This represents an opportunity for Dublin to be a regional player and support a very important facility for Central Ohio. Mr. Tuqend, Greater Columbus Chamber of Commerce stated that Team DSCC is a coalition of civic, community and business leaders who are supporting this effort. DSCC employs 6,160 Central Ohio residents with a payroll of $373 million annually. Their economic impact upon the Central Ohio community is significant. He is here tonight on behalf of Team DSCC because the Department of Defense is currently undergoing a Base Realignment and Closure Process. This involves examining all 425 installations around the country and conducting a cost benefit analysis to determine which should remain open and which should be closed. It is estimated that 1 in 4 will be closed by the Department this year. Team DSCC is seeking public support for the Columbus facility and has a web site, www.teamdscc.com and is sponsoring a writing initiative to write elected officials regarding this matter. Team DSCC is here to ask for City Council's support of the resolution tonight. Locally, Council could circulate a notice to all City employees urging them to visit the web site to urge their member of Congress to support DSCC. Team DSCC has the support of all three members of Congress who represent Franklin County and both U.S. Senators. It will help if they can quantify the number of contacts they have received from their district in support of DSCC. Brief discussion followed regarding the BRAC process. Mayor Chinnici-Zuercher emphasized the importance of grass roots support for DSCC. Mr. Tugend noted that Columbus, Whitehall and Dublin are the cities in Central Ohio who have agreed to support a resolution. They will be seeking similar resolutions from Gahanna, Grove City, Westerville and Bexley. Vote on the Resolution: Mr. McCash, yes; Mr. Reiner, yes; Ms. Salay, yes; Mrs. Boring, yes; Mayor Chinnici-Zuercher, yes; Mr. Lecklider, yes. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting . DAYTON LEGAL BLANK. INC" FORM NO 10148 January 3, 2005 Page 4 Held 20 OTHER . Stormwater Waiver Request - Shamrock Barber Shop - 86 S. High Street Mr. Hammersmith stated that a building addition and parking lot improvements for this site require a waiver from the stormwater detention requirements outlined in Chapter 53. They would be obligated to manage their onsite stormwater runoff, to collect it and convey it into the system constructed in Historic Dublin in 2003. Staff recommends approval and views it as an improvement to the parking lot, which is currently gravel. Mr. McCash stated that perhaps the City should consider modifying its stormwater regulations as they apply to the Historic District. Mr. Hammersmith responded that staff is currently working on revisions to Chapter 53, and will request that the entire Historic Dublin be considered as a waiver area. Ms. Salay asked what compliance with the existing stormwater standards would require from this applicant. Mr. Hammersmith responded that they would need to construct an above ground detention pond, which is not feasible due to space constraints, or an underground facility, which is not financially feasible due to the rock conditions. Mr. McCash moved approval of the waiver. Ms. Salay seconded the motion. Vote on the motion: Mr. Reiner, yes; Mr. McCash, yes; Mrs. Boring, yes; Mayor Chinnici-Zuercher, yes; Ms. Salay, yes; Mr. Lecklider, yes. . Fee Waiver Request - Central Ohio Diabetes Association Ms. Heal stated that staff received this request for a fee waiver. It was evaluated against the fee waiver ordinance and guidelines established by Council. It does not meet the required criteria for fee waiver, and staff therefore is recommending disapproval. Mayor Chinnici-Zuercher noted that the staff report indicates that staff has worked with the Central Ohio Diabetes Association subsequent to the passage of the fee waiver guidelines, and has advised the Association to incorporate these costs into their event. Ms. Heal confirmed this. Tanva Stamp, Central Ohio Diabetes Association stated that the event, to be held on March 6 is in its 30th year and has 1,500 participants each year at 43 pools. The Dublin Rec Center has allowed the use of the facility since 1997 without charging a fee, and last year had 61 swimmers at the Dublin facility. Over the past 8 years, the DCRC has helped to raise more than $35,000 toward the Swim. In addition, they also host a business swim for the Diabetes Association each year and have held this at the DCRC since 1998. It provides corporations the opportunity to help raise money for Diabetes and will be held this year on Friday, March 4. One hundred percent of the proceeds from the Swim stays in Central Ohio and is used for diabetes programs and services, education, camp and youth programs, detection programs, and for a resource center for the community. The facilities used for the Swim also receive recognition in brochures and posters. Ms. Salay asked the amount of fee they are requesting to be waived. Ms. Heal responded that the fees for the pools are $800 plus the fees for the community hall rental. Ms. Stamp stated that they were told that the fees for both events total $880. Mayor Chinnici-Zuercher noted that staff has recommended disapproval of this request. She suggested that Council vote on the staff recommendation of disapproval: RECORD OF PROCEEDINGS Minutes of Dublin City Council ----_..- ------ _MeetiI}g DAYTON LEGAL BlANK, INO" FORM NO 10148 January 3, 2005 Page 5 Held 20 Vote to support the staff recommendation: Mr. Lecklider, yes; Mr. Reiner, yes; Ms. Salay, yes; Mr. McCash, yes; Mayor Chinnici-Zuercher, yes; Mrs. Boring, yes. Mr. Lecklider noted that this decision is consistent with the recently adopted policy of Council for fee waivers at the DCRC. Mayor Chinnici-Zuercher agreed that this is not in any way related to support of the event itself, and in fact, many from Councilor the City choose to participate in this worthwhile event each year. CITY MANAGER/STAFF REPORTS Ms. Brautiqam stated that she has distributed a memo to Council tonight from the Dublin Convention & Visitors Bureau indicating that the DCVB has been successful in securing the US Checkers Championship event for Dublin. Mr. Reiner was instrumental in the bid for this event to be held in 2005. COUNCIL COMMITTEE REPORTS/COUNCIL ROUNDTABLE Mr. McCash: 1. Noted that he has passed along to Engineering staff a basement flooding issue raised by Ronnie Potts, who lives across from the Gorden Farms apartments. This flooding has occurred since the Post Road/Perimeter Drive realignment was done. Any significant rainfall results in water in his basement. Apparently, his father had contacted the previous City Engineer several years ago but did not receive a satisfactory response. He asked that staff keep Council updated on the resolution of this issue. 2. Received an e-mail earlier today regarding issues with boarding houses, which the City Manager has responded to. Residents have contacted him with questions about the rental of single-family homes in neighborhoods and concerns about neighborhood stability and security. At times, there are many people living in one home. He is not aware if there is a means to prohibit this, or perhaps an annual inspection of rental homes could be required for safety purposes. The City of Hudson has a requirement for annual inspection of rental property. He asked if staff could investigate this. Ms. Brautigam responded that staff would review both the specific and the general issue. Staff will report back in regard to the issue of rentals, definition of single family, and some suggestions for addressing this. She recalls that the City of Shaker Heights may have rental licensing that requires an annual inspection. Mr. McCash stated that in southwest Dublin, there were concerns about rental properties due to the buses and construction vehicles being parked in front of them. Ms. Salay added that there is a home in Waterford Village where the homeowner is renting rooms to several individuals, due to a financial hardship situation on the part of the homeowner. Several neighbors have asked if the City can regulate the operation of what is essentially a boarding house. In southwest Dublin, she is aware of two homeowners associations with issues. One association's bylaws requires a 60 percent affirmative vote for changes to their bylaws, including raising dues, which would help to maintain the open space. However, 40 percent of the homes are rental units and they would need 100 percent approval from the owner occupied homes, which is nearly impossible to achieve. Another homeowners association, for whatever reason, does not have a forced and funded homeowners association. They would like to collect dues, but cannot, and must rely on voluntary compliance. They also have concerns with maintenance of a large area of greenspace, which cannot be adequately maintained due to lack of homeowner association funds. This is an ongoing issue, which occurs throughout the City. She noted that the Dublin News recently included several ads for rental homes in Muirfield by one organization. Whatever can be done to tighten up the City's regulations would be appreciated. Mr. Smith responded that staff has reviewed this previously. There are some safety regulations that could be added. Legal staff will respond within 30 days. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGALBLANK.INC" FORM NO 10148 January 3, 2005 Page 6 Held 20 Mayor Chinnici-Zuercher noted: 1. The list of board and commission openings for April 1, 2005 was distributed to Council tonight by the Clerk. The Administrative Committee should work with the Clerk on advertising plans and interview dates. Mr. McCash asked if Council wants to advertise for all openings, whether or not there is an incumbent eligible for reappointment, or simply advertise for the openings where the incumbent is not eligible for appointment. Ms. Salay stated that in the past, Council has generally automatically appointed individuals who were eligible for reappointment, if they desired reappointment. If Council wants to change this practice, perhaps it should be discussed in executive session, as it relates to specific candidates. Mayor Chinnici-Zuercher stated that information on attendance and participation is needed before this is discussed. Ms. Salay asked for information about the percentage of cases for which a member has asked to be recused. The Clerk will coordinate with staff liaisons to obtain this information. Mayor Chinnici-Zuercher noted that the appointments would be made at the March 14 Council meeting, and therefore, the timeline is somewhat accelerated from that of previous years. Mrs. BorinQ: 1. Asked in follow-up to Mr. McCash's comment regarding today's e- mail, will this problem not be addressed until Mr. Smith provides a legal opinion? Ms. Brautigam stated that she directed Mr. Bird to have Code Enforcement investigate this situation immediately. She is interested in the address of the Waterford property, because that may be another immediate concern. Staff will investigate these cases, and staff will continue to work on future actions needed in regard to rental policies and procedures. 2. Asked about the timeline for a Council discussion on the Sister Cities information provided by staff. Ms. Salay stated that she is not prepared to discuss this tonight - she would like more time to review this. Mr. McCash noted that this was discussed in previous years. Mayor Chinnici-Zuercher suggested that this item be included as a future agenda item for Council discussion. Mr. Lecklider: 1. Noted that he has had some personal experiences in his own neighborhood with the boarding house issue. A few years ago, a nearby house was expanded significantly for the clear purpose of adding living space, resulting in what seems to constitute a twin single. It went through the Dublin review process, which took well over a year. It does have a three-car garage, so there is not a resulting on street parking problem. If the City cannot restrict boarding houses, it may bring parking and other issues for standard homes without larger garages. He is anxious to see how this can be addressed. 2. Thanks to Council for the birthday gift on December 30 and for its delivery to his home! 3. Regarding snow removal, he thanked Mr. Villareale, Mr. Johnson, Mr. Ciarochi and other staff for their efforts. He tried to impress upon those who called him with complaints that this was a unique snow event in Central Ohio. Under the circumstances, staff did a great job, working 12- hour shifts during the holiday period, to remove the snow and ice. All in all, staff did a great job. He is confident that the snow removal in Dublin was far superior to other communities around Ohio. RECORD OF PROCEEDINGS MinutesL__ Dublin City Council --------- Meeting . DAYTON LEGAL BLAN~,.IN.C.. FORM NO. 10148 January 3, 2005 Page 7 Held 20 Mayor Chinnici-Zuercher: 1. On behalf of Council, wished Mr. Lecklider a belated Happy Birthday! 2. Thanks to all of staff for their snow removal efforts. Often times, Council and staff hear only the negative comments and not the many positive comments from the majority of residents. Hats off to all members of the staff who gave up time with their families to work on snow removal over the holidays. 3. Had an enjoyable experience last Thursday at a recognition event for the Dublin Police and Washington Township Fire Department, hosted by the Post Office. There is a new postmaster in Dublin, and he took this opportunity for introduction to the community as well as recognition to the safety forces for their assistance following the events of September 11, 2001. The 9-11 stamp, issued in October of 2002 was formally retired at this ceremony, after $10 million was raised benefiting the families of the 9-11 victims. Retiring the stamp at this ceremony was a great recognition for both the local Police and Fire Services. 4. Noted that she would like to have a brief discussion at the study session on January 10 regarding Dublin's bicentennial in 2010, followed by an in depth discussion in executive session regarding land acquisition. She would also like to have discussion with Council regarding their proposed topics for study sessions for 2005. Mr. McCash: 1. Noted that a study session was to be scheduled on Monday, February 14 with the Dublin Arts Council. The calendar does not reflect this. Ms. Brautigam stated that after talking with him about scheduling the DAC for a .;iI_" presentation, she found that Council had not scheduled a February study session. Mr. McCash reported that this should be clarified. In addition, the DAC has appointed a new Executive Director, and they would like to introduce him to Council with a report at the February 7 meeting. Mayor Chinnici-Zuercher asked that Mr. McCash have the DAC Board President provide Council Members with information about the new Executive Director via e-mail. 2. Stated that he is interested in having an executive session for personnel matters on Thursday evening to finalize some pending Administrative Committee matters. Would Council's Thursday evening schedule allow for that? Brief discussion followed. It was the consensus of Council to schedule an executive session for personnel matters for 6 p.m. on Monday, January 10, prior to the 7 p.m. Study Session. Mayor Chinnici-Zuercher reminded Council that a Special Meeting is scheduled for Thursday, January 6 at 5:30 p.m. for purposes of executive session for land acqu isition. The meeting was adjourned at 8:45 p.m. ~C--~ Clerk of Council