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HomeMy WebLinkAbout09/08/2009RECORD OF PROCEEDINGS Minutes of September 8, 2009 Mayor Chinnici-Zuercher called the Tuesday, September 8 Regular Meeting of Dublin City Council to order at 5:30 p.m. at the Dublin Municipal Building. Present were Mayor Chinnici-Zuercher, Mr. Gerber, Mr. Keenan, Mr. Lecklider, Mr. Reiner and Ms. Salay. Vice Mayor Boring arrived at 5:40 p.m. ADJOURNMENT TO EXECUTIVE SESSION Mayor Chinnici-Zuercher moved to adjourn to executive session for discussion of personnel matters. Mr. Gerber seconded the motion. Vote on the motion: Mayor Chinnici-Zuercher, yes; Mr. Gerber, yes; Mr. Keenan, yes; Mr. Lecklider, yes; Mr. Reiner; yes; and Ms. Salay, yes. The meeting was reconvened at 7:10 p.m. Staff members present were: Mr. Foegler, Mr. Smith, Ms. Grigsby, Mr. McDaniel, Chief Epperson, Ms. Crandall, Mr. Hammersmith, Mr. Hahn, Mr. Harding, Mr. Langworthy, Mr. Earman, Ms. Ott, Mr. Edwards, Mr. Thurman, Ms. Colley, Ms. Noble- Flading, and Ms. Martin. PLEDGE OF ALLEGIANCE Mr. Reiner led the Pledge of Allegiance. APPROVAL OF MINUTES • Regular Meeting of August 17, 2009 Mr. Gerber moved approval of the minutes. Mr. Lecklider seconded the motion. Vote on the motion: Mr. Reiner, yes; Mr. Gerber, yes, Mr. Lecklider, yes; Ms. Salay, yes; Vice Mayor Boring, yes; Mayor Chinnici-Zuercher, yes; Mr. Keenan, yes. CORRESPONDENCE • Notice to Legislative Authority from Ohio Division of Liquor Control re. New D5 Permit for Creekside Entertainment Co., Northwest Corner Bridge Street and N. High Street There were no objections to issuance of this permit. SPECIAL PRESENTATION/PROCLAMATIONS • National Day of Service and Remembrance -September 11, 2009 Mayor Chinnici-Zuercher noted that many activities are taking place around the country and in Franklin County as well in observance of the National Day of Service and Remembrance. On the Statehouse lawn, flags will be placed in recognition of each of the individuals who lost their lives on September 11, 2001. In addition to recognition of those who lost their lives on September 11, 2001, the effort going forward will be to engage individuals in volunteering in their communities, making the communities better and safer places to live. • National Alcohol & Drug Addiction Recovery Month -Dublin Counseling Center Mayor Chinnici-Zuercher presented a proclamation in recognition of the 20 annual National Alcohol & Drug Addition Recovery Month to Julie Rinaldi, Executive Director of the Dublin Counseling Center and Debbie Gershel, clinician and Director of the CAPP Program with the Center. Ms. Gershel provided information on the services offered. She noted that they operate a Driver Intervention Program at the Crowne Plaza twice a month for individuals who are arrested for OMVI/DUI involving alcohol. Mayor Chinnici-Zuercher thanked them for the many services they provide in support of the community's needs. Debbie Gershel, MA, CCDCIII -- Director of our CAPP Program. She is a clinician and chemical dependency counselor here at DCC. Dublin City Council Meetin~_ _ • Update from Dublin Convention & Visitors Bureau -Scott Dring and Cheryl Herbert Ms. Herbert, Board President, DCVB congratulated the City on another successful Dublin Irish Festival. There was an increase in the number of hotels rooms booked for RECORD OF PROCEEDINGS Minutes ~f Dublin City Council Meeting September 8, 2009 Page 2 the event -with 1,830 room nights, representing a three percent increase over the 2008 event room nights. The Bureau partnered with the City in assembling an Irish Festival package to attract visitors to the Festival. The event attracts visitors from around the world, generating millions for the local economy. In view of the economy and changing travel habits of consumers, the Bureau continues to evolve its marketing efforts to generate much-needed revenue for the City of Dublin. The budget recently approved reflects an increased level of marketing and allocation of resources to attract business from several new markets. She introduced Scott Dring, Executive Director of the DCVB to provide details. Scott Drinq, Executive Director, DCVB noted that hotel/motel tax revenues have decreased across the country, especially in major cities. In Dublin, over the past 12 months, revenues are down 12 percent from the previous year. There has not been a huge decrease in the number of travelers coming to Dublin, but there has been a decrease in corporate and business travelers. Those losses have been offset with travel related to youth sports, group tours, etc. The main factor in the decrease in revenue is the dramatic decrease in hotel room rates across the state and country. Last year, the average daily rate of a hotel room in Dublin was $99.49 - a record high for Dublin. This year, the rate is anticipated to drop to the $91-92 range. This has a significant impact on bed tax revenues. The Bureau is working to generate visitors to the City and making sure they enjoy their visit so that they will return. The visitors spend money in restaurants and shops as well. The Bureau plans to maximize its investment in marketing to bring visitors to Dublin. Youth sports have continued to grow in terms of travel, and it has increased 15 percent over last year. He provided additional information regarding travel trends. He noted that they have recently hired a new sales professional to help generate travel from the business market. Finally, he noted that the DCVB is a finalist to host the U.S. Beard and Mustache Championship conference, which would be held in the summer of 2010 and would bring 400-500 participants from across the country for one week. Mayor Chinnici-Zuercher noted that she is very impressed with the business plan that the DCVB has developed, and the focus on new markets. The City will continue to partner with the Bureau wherever possible. • State Lifeguard Competition Award Presentation -American Red Cross Mr. Earman introduced Tracey Moore, Director of Health and Safety Services, American Red Cross of Greater Columbus, who presented the championship banner to the Dublin lifeguard team. Ms. Moore noted that the DCRC has partnered with American Red Cross to accomplish their mission by training nearly 2,000 community members in swim lessons alone. Dublin also trained 1,800 community members on other aquatics courses. They value their partnership with the DCRC. She reported that in July, 13 teams came together from Franklin County to compete in lifeguarding and lifesaving skills. Dublin had two lifeguard teams in the local competition, and one team placed first and the other placed third. The top four teams are then sent to the state competition. In response to a last minute glitch, Dublin agreed to host the lifeguard competition and Dublin staff identified funding to support the event, which was held in August at Dublin South Pool. The winning Dublin team was comprised of lifeguards Jon Weirich, Richard Coyne, Jessica Vurginac, and Trent Best. (She presented the banner to the team.) Mayor Chinnici-Zuercher congratulated the team on this achievement, and thanked the American Red Cross for their support. Mr. Earman also introduced Kim Wigram, Recreation Operations Coordinator for the City, who is instrumental in leading the City's training programs. CORRESPONDENCE • Notice to Legislative Authority from Ohio Division of Liquor Control re. New D5 permit for Creekside Entertainment Co., Northwest Corner Bridge Street and N. High Street Mayor Chinnici-Zuercher asked for additional detail. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting September 8, 2009 Page 3 Held ?0 Mr. Smith responded that this permit is for a second restaurant at the BriHi Square project. Mr. Dioun will provide Council with a general update on the project at the October 5 Council meeting. There was no objection to the issuance of this permit. CITIZEN COMMENTS Wallace Maurer, 7451 Dublin Road reported that two-story high, large machinery was recently used by the City to install posts to accommodate birdhouses, apparently as part of a City Bluebird program. Each bird house has a plaque identifying it as part of the Bluebird team effort. He asked for additional information regarding why such massive machinery is necessary to install these posts and what exactly is this Bluebird team. Mayor Chinnici-Zuercher asked that Mr. Hahn provide this information to him. The City's Bluebird team has been active in the City for several years. LEGISLATION POSTPONED LEGISLATION Ordinance 41-09 (Amended) Amending Sections 153.019 through 153.025 (Residential Districts) of the Dublin Codified Ordinances (Zoning Code) regarding Conditional and Permitted Uses. (Case 09-042ADM) Ms. Noble-Flading stated that the ordinance was amended, based upon Council comments at the August 17, 2009 meeting. She can respond to any questions of Council. Mr. Gerber stated that in reviewing the final version and the amendments drafted at Council's direction, it is not what he had in mind. It seems that the City has effectively singled out religious institutions, although he believes that is not staff's objective. In 2003-2004, there was a task force which reviewed the PUDs in the Code. An issue arose about a situation where a PUD zoning would revert back to the original rezoning if it were not developed within three years after approval. There were questions at the time about whether Council would want the rezoning to revert in such a situation. That is the core issue, and it was not resolved at the time. The amendments proposed with this ordinance do not achieve the goal. He does not have any suggestions for language. If there is a desire to establish the conditional use, he would suggest language to provide the religious institutions with a financial break and not require them to pay filing fees. He is not comfortable with the ordinance as drafted. Vice Mayor Boring stated that if the ordinance is approved, there is an inconsistency in the redlined version in Section 153.021 (B). In all other places in the ordinance, the language states: "religious, church, or other place of worship, provided it occupies a lot of not less than five acres." It should be consistent throughout. Ms. Noble-Flading noted that this will be corrected. Mayor Chinnici-Zuercher stated that she shares Mr. Gerber's concern. She would want to encourage religious institutions to come to Dublin, and those existing in Dublin to expand. While it may seem an insignificant amount of money, every additional fee for churches can be a burden. There are also additional fees for attorneys and architects who attend development review meetings. Even with reducing or waiving filing fees, churches will still have fees to pay related to the development process. Mr. Gerber agreed. Mr. Foegler noted that the annual cost of services update will be reviewed by Council in the next couple of months, and perhaps these types of conditional uses could be reviewed at that time for such treatment. Ms. Salay asked for legal staff's opinion of whether Council can single out religious institutions for such fee waivers. Mr. Smith responded that Council can create a class that they want to encourage. However, other not-for-profit groups may come to Council requesting similar RECORD OF PROCEEDINGS Minutes ~f Dublin City Council _ _ __ _ Meeting _ September 8, 2009 Page 4 consideration. This type of issue arose with the Schools, and Council decided not to waive the fees. Staff will review this issue prior to the fee ordinance submission. He added that staff would attempt to write such an exception in a manner that would encompass only churches. Mr. Lecklider asked for information about how the fees were addressed for the Dublin Schools. Mr. Smith responded that the fees were not waived for school development projects, as there were costs associated with the permit review and development process. Ms. Grigsby added that there were some instances where the fees were charged as outlined in the fee schedule. In some cases, such as Dublin Jerome High School, there was agreement between the Schools and the City for some sharing of costs. Mr. Smith added that the City partnered with the Schools on landscaping, turn lanes, turf installation, etc. The fees were not waived, but there were other considerations given to the Schools. Mr. Lecklider stated that he is not unsympathetic to this particular class of applicants. However, apart from the application fee, in terms of expenses associated with architects and attorneys, etc., he does not certain what is being suggested in terms of waivers. Mr. Gerber responded that a church would incur these expenses even with a development in a straight zoning district. There is a time element associated with the development process. Ms. Salay stated that professionals sometimes contribute their services to their church at no cost or a reduced cost. Mr. Gerber stated that there are several issues involved. The first is when the property reverts from a PUD to the original zoning. There are other neighborhoods abutting the property, and they will be concerned that a straight zoning will impact the aesthetics of the area. The quick remedy for this situation was to place churches in a conditional use category, and the City can ensure it will fit with the neighborhood's aesthetics. The question becomes one of imposing a conditional use fee upon the churches. He does not want to impose such a fee on churches. Another issue is that if the property reverts back to the previous straight zoning, another problem is created - whether the user is a church, car wash, or whatever. That was the specific issue discussed in the PUD update several years ago, and it was not resolved. Vice Mayor Boring stated that there is an extension of time available for the PUD, and it can be requested. Mr. Gerber clarified that the landowner must apply for such an extension; the City cannot control this. Vice Mayor Boring asked if there is an additional fee for a conditional use permit. Ms. Noble-Flading responded that there is a fee associated with a conditional use permit. If the church were applying for two permits, such as a conditional use and rezoning, the City would select the higher of the two fees and require them to pay a single fee. Ms. Salay asked if the objection is to the conditional use fee, or to any fee whatsoever for the church. Mr. Gerber responded that his first objection is that if the property reverts back to the straight zoning, there is no ability to control the aesthetics related to the neighborhood. For this reason, P&Z recommended that Council consider something more in this case. Ideally, he would prefer to have this problem in the Code addressed. However, if this is a stopgap measure, he can support it -but not imposing this fee for churches. Ms. Salay stated that this is a stopgap measure, and what was not included in the packet were the minutes which provided the background of this issue and why staff proceeded as they did. She agrees that reverting to a straight zoning may not serve the immediate neighborhood. While the honing Code is being updated, this was RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting September 8, 2009 Page 5 suggested as an interim solution. She is comfortable with the ordinance, but has some hesitation about a fee waiver singling out this group. There is staff time involved in development review, which is the basis for the fee ordinance. Fees are in place to recoup the expense associated with review by the City. Mr. Lecklider noted that this application brought the issue to the fore. His understanding is this is a short-term solution for this situation, but that it will be addressed comprehensively in the Zoning Code update. He is struggling somewhat in view of what was done with the Schools, where the fees were not waived. Mayor Chinnici-Zuercher stated that the distinguishing factor for the Schools is that the City has contributed financially in most cases to ensure the standards are upheld in the school developments. She sees them as quite distinct from the churches, as the City would not contribute to an individual church to meet a landscaping or other standard. Vice Mayor Boring stated that the Schools are not a conditional use. By moving the churches into a conditional use category, an additional fee has been imposed. Ms. Salay suggested that Council approve this ordinance, with the stipulation that the conditional use fee would not apply in this case and with the understanding that the Code update would address the issue going forward. In addition, there will be discussion about fees in the near future, and this could be reconsidered if Council desires. Mr. Reiner agreed, and asked if there is general consensus. Mr. Gerber stated he can support this. Perhaps a change can be made to the PUD process, as he has already described. Wallace Maurer, 7451 Dublin Road noted the following: 1. At one time in discussion of this ordinance, there was reference made to exceptionally stringent standards for religious use. This brings up two particularly American, constitutional/philosophical concepts. One is the separation of church and state, and the other is freedom of religion. He believes the amendments proposed address the seemingly exceptional stringency issue, as they are made equal. 2. In the section related to the first district - (B)(7) conditional uses -there are six words that stand out. Under the heading "Religious," the six words are: "church or other places of worship." What is the intended distinction between church and other places of worship? Mr. Smith responded that different religions refer to their place of worship by other names, and this explains the language. Ms. Salay asked if Mr. Maurer is suggesting the language, "places of worship." Mr. Maurer responded that there should either be one term or one phrase, or all places of worship should be listed, i.e. church, mosque, temple, or Pow Wow. The phrase could be "assemblage for worship." 3. The church site is described as being no less than five acres. He gathers that is for reasons of health and welfare -namely, sanitation. Is that also not involved in any site less than five acres? Why is there afive-acre reference? Ms. Noble-Flading responded that the five-acre requirement relates to the elements needed for achurch -parking facilities, accessory structures, etc. utilities. Mayor Chinnici-Zuercher asked if Council prefers that the language be revised to "places of worship." Council did not object. Mr. Smith stated that he would recommend the language "churches or other places of worship" because of the history of this matter and how it has been written over the years. Mr. Gerber noted that there is probably case law involved about this topic. Mr. Smith agreed, and stated that he would recommend using this generally accepted language as written. RECORD OF PROCEEDINGS Minutes_of Dublin City Council Meetnti September 8, 2009 Page 6 Mr. Reiner stated he is in agreement with Mr. Smith. Mr. Reiner moved approval of Ordinance 41-09(Amended) as submitted to Council. Vice Mayor Boring seconded the motion. Vote on the motion: Vice Mayor Boring, yes; Mr. Keenan, yes; Mr. Reiner, yes; Ms. Salay, yes; Mr. Gerber, yes; Mr. Lecklider, yes; Mayor Chinnici-Zuercher, yes. Mr. Reiner moved to eliminate the conditional use fee as related to Ordinance 41-09 (Amended). Mr. Gerber seconded the motion. Mayor Chinnici-Zuercher asked if this would relate only to conditional uses for churches and places of worship, or is it related to all the other conditional uses. Mr. Reiner clarified that this relates to conditional uses for churches and other places of worship. Vote on the motion: Mr. Gerber, yes; Mr. Lecklider, yes; Mayor Chinnici-Zuercher, yes; Vice Mayor Boring, yes; Mr. Keenan, yes; Mr. Reiner, yes; Ms. Salay, yes. Ordinance 42-09 -Amending Section 153.002 and Creating Section 153.099 of the Dublin Codified Ordinances (Zoning Code) regarding Outdoor Seasonal Plant Display. (Case 09-045ADM) Mr. Smith stated that staff is requesting that Council postpone this ordinance until October 5. Staff continues to work on modifications to the ordinance. Mr. Gerber moved to postpone the ordinance until October 5, 2009. Ms. Salay seconded the motion. Vote on the motion: Mr. Lecklider, yes; Vice Mayor Boring, yes; Ms. Salay, yes; Mr. Reiner, yes; Mr. Gerber, yes; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes. SECOND READING/PUBLIC HEARING -ORDINANCES Ordinance 39-09 Adopting the 2010-2014 Five-Year Capital Improvements Program. Ms. Grigsby stated that the ordinance was introduced at the August 3, 2009 Council meeting, and there were two workshops in August to review the proposed CIP. As part of the August 12 and 19 workshops, there were several requests from Council to modify the proposed CIP. The significant items adjusted were: 1. Utilities and the water system. Direction was given to accelerate the construction of the Muirfield area storage tank improvement. It was originally scheduled in 2012 for acquisition of property for construction. Council directed accelerating of funding to provide for site acquisition in 2010, design in 2011, and construction in 2012. The CIP presented tonight includes that modification. 2. Coffman Park expansion. Staff had proposed $50,000, programmed in 2011 for an analysis of potential phasing and preliminary cost estimates for the development of the park expansion. Council directed that the funding be moved to 2010. 3. Coffman Park amphitheater. Council direction was to include funding of $25,000 to replace the existing soft cover, and continue review of types of permanent structures in the future -either at that site or another location within the park. 4. Parkland acquisition. Discussion related to the funding allocated from the property tax revenues from inside millage. For 2010 and 2011, staff is modifying how those funds are allocated. Currently, .95 mills of the 1.75 mills are allocated to Parkland acquisition fund and .8 mills to the Capital Improvements Tax fund. For 2010 and 2011, this will be modified -reducing the amount to the Parkland acquisition fund to .35 mills. This will provide additional funding in the Capital Improvements Tax Fund for the overall Capital Improvements Program, with the understanding that this still provides the ability to use those dollars for Parkland acquisition, if so directed by Council. Staff will bring legislation to the next Council meeting, which authorizes those amounts and rates that will be submitted to the county's budget commission. RECORD OF PROCEEDINGS Minutes ~f Dublin City Council Meeting September 8, 2009 Page 7 5. Transportation. For the Glick Road/Dublin Road intersection improvement, Council direction was to include funding in 2010 in the amount of $250,000 for design of the improvement, with the understanding this will provide additional information regarding potential right-of-way costs and potential utility relocations costs before evaluating the programming of the construction project, if the project moves forward. 6. Conversion of City vehicles to compressed natural gas and the modification of the existing facility. Recently, the City received notice that the Clean Ohio Fuels Grant was awarded. As part of the discussion at the CIP workshops, staff indicated that they would do additional evaluation of the needs of the facility and vehicles in order to better understand the requirements and costs related to that project. Staff will provide that to Council prior to any legislation authorizing the acceptance of that grant. Ms. Grigsby noted that a memo provides highlights of the adjustments and any additional information requested. The spreadsheets have been updated to identify any projects where funding was modified. She offered to respond to questions. Mayor Chinnici-Zuercher asked for clarification about the Glick/Dublin Road intersection and the fact that the City allocated funding for the design in 2010. However, there was no funding programmed for the project itself in the 2010-2014 CIP. Next year, at the time of the CIP update, will the design be advanced enough to provide a better sense of when funding for construction would be needed? Ms. Grigsby responded that the design will likely not be completed by that time. However, the City will have better information regarding the right-of-way needs and better estimates of those costs. The City will have more information about the relocation of underground utilities that would be necessary and that would result in significant costs for the project. If adequate information is not available to request programming, staff would be in a better position to recommend moving forward or not moving forward with the project at that time. Mr. Foegler added that having the design done may help the Village of Shawnee Hills to be in a better position to pursue and assist in obtaining grants available. The hope is also to identify other governmental funding sources for this project, given the intergovernmental nature of the improvement. Mr. Keenan noted that in regard to the change to the designated inside millage to Parkland acquisition funds, staff made reference to an understanding about the flexibility of this designation of inside millage going forward -that it could still be used for Parkland acquisition, if Council so directs. If someone were to research this change in the future, where would they find it memorialized? Is it included within the document? Ms. Grigsby responded that the memo indicates that putting the funds into the Capital Improvements Tax fund does provide more flexibility for the use of the funds. In addition, the discussion tonight will be included in the minutes regarding the adoption of the CIP. She believes this is sufficient. Mayor Chinnici-Zuercher clarified that Mr. Keenan's point is that even if the allocation of the inside millage were changed, there would remain the ability to use the money for Parkland acquisition -- if Council desires. Mr. Keenan added that it is not stated in the documentation, and he wants to ensure this is memorialized. Ms. Grigsby clarified that historically, beginning in 2001, the property tax generated from the inside millage was allocated to the Parkland Acquisition fund. A change was made a couple of years ago to allocate some inside millage for the COIC improvements. The use of the inside millage is reviewed annually, and can be modified annually. This provides flexibility to adjust, based on current needs. RECORD OF PROCEEDINGS Minutes ~f Dublin City Council Meeting September 8, 2009 Page 8 Wallace Maurer, 7451 Dublin Road asked for clarification in the memo, page one, under "Adjustments" -line one - which indicates "from 2012 to 2010." On page two, under "Parks -Major" - it indicates "from 2012 to 2010." Mayor Chinnici-Zuercher responded that this reflects Council's direction to accelerate the projects from 2012 to the 2010 CIP. Vice Mayor Boring emphasized that there was lengthy discussion about the philosophy that parkland acquisition would remain an important priority for the City in the budget going forward. No one has lost sight of that. Ms. Grigsby added that Council requested a review of the parkland acquisition priorities no later than the first quarter of 2010. Vote on the Ordinance: Mr. Gerber, yes; Mr. Reiner, yes; Ms. Salay, yes; Vice Mayor Boring, yes; Mr. Lecklider, yes; Mayor Chinnici-Zuercher, yes; Mr. Keenan, yes. Ordinance 46-09 Petitioning the Board of County Commissioners of Union County, Ohio to Adjust the Boundary Lines of Jerome Township so as to Exclude That Territory Which, as a Result of Annexation, Now Lies within the Corporate Boundaries of the City of Dublin, and Declaring an Emergency. (Celtic Capital LLC Annexation of 39.8+/- Acres -Ordinance 08-09) Mr. Smith stated that this relates to the Stavroff annexation, and the ordinance allows the City to file a petition for the boundary adjustment from Jerome to Washington Township. Staff is requesting emergency action so that the reparations schedule for Jerome Township will be effective as soon as possible. Mr. Reiner moved for emergency passage. Mr. Gerber seconded the motion. Vote on the motion: Mayor Chinnici-Zuercher, yes; Vice Mayor Boring, yes; Mr. Reiner, yes; Mr. Lecklider, yes; Mr. Keenan, yes; Ms. Salay, yes; Mr. Gerber, yes. Vote on the Ordinance: Mr. Lecklider, yes; Ms. Salay, yes; Mr. Keenan, yes; Mr. Gerber, yes; Mayor Chinnici-Zuercher, yes; Vice Mayor Boring, yes; Mr. Reiner, yes. Ordinance 47-09 Rezoning Approximately 4.18 Acres, Located on the Northeast Corner of the Intersection of Shier Rings Road and Eiterman Road, from R, Rural District to HDP, High Density POD District within the future Central Ohio Innovation Center. (Case 08-1072) Mayor Chinnici-Zuercher stated that the applicant's representative, Mr. Underhill has requested that Council postpone the ordinance for 30 days. Mr. Gerber moved to postpone the ordinance to the October 19 Council meeting. Mr. Reiner seconded the motion. Vote on the motion: Mr. Gerber, yes; Mr. Lecklider, yes; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes; Vice Mayor Boring, yes; Mr. Reiner, yes; Ms. Salay, yes. Ordinance 48-09 Authorizing the Provision of Certain Incentives for Purposes of Attracting an Office of the Ohio Fuel Cell Coalition (OFCC) Within the City of Dublin's Entrepreneurial Center, and Authorizing the Execution of an Economic Development Agreement. Mr. McDaniel noted that the Executive Director of the Ohio Fuel Cell Coalition could not be present tonight, due to travel. He expressed his appreciation of Council's consideration of this legislation. Wallace Maurer, 7451 Dublin Road asked where the headquarters of this company are located and their center of production. Mr. McDaniel responded that they are headquartered in Cleveland. This will serve as a Central Ohio office for the company. This is a trade organization representing a number of fuel cell companies, and there is no production involved. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting September 8, 2009 _ Page 9 Vote on the Ordinance: Vice Mayor Boring, yes; Mr. Keenan, yes; Mr. Reiner, yes; Mayor Chinnici-Zuercher, yes; Mr. Gerber, yes; Ms. Salay, yes; Mr. Lecklider, yes. INTRODUCTION/PUBLIC HEARING -RESOLUTIONS Resolution 40-09 Accepting the Lowest/Best Bid for the Dalmore Park Development Project Vice Mayor Boring introduced the resolution. Mr. Hahn stated that staff recommends award of the bid to the lowest and best bidder. This land mass is shared by two subdivisions - Ballantrae and Cramer's Crossing. Staff has had previous experience with the company and recommends approval of the resolution. Vice Mayor Boring thanked staff for the maps provided. Ms. Salay asked how the public input was achieved. Mr. Hahn responded that a scheduled public input meeting was held. Following the meeting, the input was posted on the website, notice provided to the neighborhoods, and additional input was solicited on the plans through the website. In addition, there was review of the park design at the Planning & Zoning Commission meeting. Vote on the Resolution: Ms. Salay, yes; Vice Mayor Boring, yes; Mr. Reiner, yes; Mr. Lecklider, yes; Mr. Gerber, yes; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes. Resolution 41-09 Authorizing the City Manager to Enter into Any Required Applications and Agreements with the Ohio Environmental Protection Agency (OEPA) In Order to Accept Funds from the American Recovery and Reinvestment Act (ARRA) Funds Designated for the 2010 Sanitary Sewer Relining Project. Mr. Lecklider introduced the resolution. Mr. Hammersmith stated that the Ohio EPA has received an allocation of American Recovery and Reinvestment Act (ARRA) funds. The Ohio EPA will administer these funds through the Water Pollution Control Loan fund. Earlier this year, staff submitted three projects for funding, and the 2010 Sanitary Sewer Relining Project was awarded a grant. This project consists of 340 feet of sewer along Dublin Road from Historic Dublin to Donegal Cliffs. The total project cost is approximately $850,000, and the City was awarded $425,000 in grant funds and $425,000 in loan funds. Most likely, the City will decline the loan funds, due to the more favorable interest rate the City can secure. The City will accept the $425,000 in grant funds. This portion of the project will have to be rebid, as it was part of the overall lining project for which amulti-year contract was awarded to Reynolds Inliner. Reynolds is willing to do a different project at the same value and non-perform this work. This portion of the work will then be rebid, including all of the federal requirements necessary to secure the grant funds. Staff is recommending acceptance of the ARRA funds for this project. Mayor Chinnici-Zuercher asked if accepting this grant money will cost the City more for implementation of the project. Mr. Hammersmith responded that it is possible, due to the federal prevailing wage requirements and other provisions placed upon the contractor. He does not believe the costs will be substantially different. Staff does recommend acceptance of the grant. Ms. Salay asked when this 36-inch sewer was initially installed. Mr. Hammersmith responded that it is a concrete pipe installed in the 1970s. The interior surface has deteriorated over time. Ms. Salay asked if an additional 30-50 years of life can be expected after this relining. Mr. Hammersmith confirmed that is correct. Vote on the Resolution: Mr. Gerber, yes; Mr. Reiner, yes; Ms. Salay, yes; Vice Mayor Boring, yes; Mr. Lecklider, yes; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes. RECORD OF PROCEEDINGS Minutes of .Dublin City Council Meeting September 8, 2009 Page 10 Resolution 42-09 Authorizing the City Manager to Submit an Application to the District 3 Integrated Committee of the Ohio Public Works Commission and to Enter into an Agreement with the Ohio Public Works Commission for the Purpose of Acquiring Grant Funds Through the State Capital Improvement Program/Local Transportation Improvement Program for the Emerald Parkway Phase 8 Riverside Drive to Billingsley Creek Project. Vice Mayor Boring introduced the resolution. Mr. Hammersmith stated that in 2008, the City submitted a grant application to OPWC in Round 23 of that process. The City was not awarded a grant at that time for Emerald Parkway Phase 8 extension from Billingsley Creek to Riverside Drive. Staff is resubmitting a grant application this year in Round 24 for the same project. Vote on the Resolution: Mr. Lecklider, yes; Mr. Keenan, yes; Mr. Gerber, yes; Ms. Salay, yes; Mayor Chinnici-Zuercher, yes; Vice Mayor Boring, yes; Mr. Reiner, yes. Resolution 43-09 Authorizing the City Manager to Establish a Green Incubator with the Dublin Entrepreneurial Center and to Execute a Lease Agreement with the 7001 Post Road LLC. Mr. Lecklider introduced the resolution. Mr. McDaniel stated that this legislation would authorize establishment of a green incubator within the Dublin Entrepreneurial Center (DEC) and a lease agreement with 7001 Post Road LLC. The DEC is located at 7003 Post Road, and the City is experiencing great success since its opening in April of 2009. To date, 14 new companies have established a presence at the DEC. There are 11 additional start-up companies, which have expressed an interest in locating in the DEC. The owner is agreeable to allowing additional office leases on the remainder of the second floor of the DEC. It is possible that all offices on the 2"d 3`d and 4th floor of this facility will be leased by year end. Staff is working with the building owner to place lease cubicles in a common space area to provide such space to start-up companies. Also included in the packet is an update report from TechStart. To date, they have engaged 50 Dublin-based companies. Additionally, the Ohio Small Business Development Council maintains a presence at the DEC each Friday to engage people from the Dublin area interested in starting a new business. Given the success to date and level of start-up activity, and given the fact there is a dwindling supply of office space at the DEC, staff desires to secure the final suite of five offices and associated common space on the third floor of the DEC to establish a green incubator. The purpose of such an incubator is to promote the creation of new green companies, green technologies, and green jobs. Staff considers this to be an incubator, as some level of a lease subsidy might be provided to the companies. Staff desires to spend up to $25,000 for two years; $25,000 for 2009 is already budgeted under the incentive programs, and the remaining $25,000 will be requested in the 2010 budget. Staff has identified 27 green start-up and fairly new companies in and around Dublin. Of those, ten have expressed interest in locating in the DEC; five of the ten are committed to this, but would do so with some level of subsidy. He added that Chaz Freutel of Get-U-Connected has been instrumental in coordinating at the DEC. In addition, Sandy Blanquera of Social Boomerang, which specializes in social media, is present tonight. She has been instrumental as well in sharing information about the DEC. Mayor Chinnici-Zuercher noted that she appreciates receiving the update from TechStart regarding the region. Mr. Lecklider asked how many square feet will be devoted to this green incubator. Mr. McDaniel responded it is approximately 2,500 square feet. Mr. Lecklider asked if the funding requested reflects the cost to lease the space. RECORD OF PROCEEDINGS _ Minutes_ of Dublin City Council Meetin~_ September 8, 2009 Page 11 Mr. McDaniel responded that the office lease cost would be $17,000 per year, and the common area would cost an additional $3,000. Staff also wants to do some minor tenant fit-up. He pointed out that staff would promote the concept of a green company leasing their own space versus the space set aside by the City for this purpose. The $25,000 is a maximum amount to be spent for this purpose each year. Wallace Maurer, 7451 Dublin Road commended Mr. McDaniel for his forward thinking endeavor with the green incubator. Vote on the Resolution: Mayor Chinnici-Zuercher, yes; Mr. Reiner, yes; Vice Mayor Boring, yes; Mr. Keenan, yes; Mr. Gerber, yes; Ms. Salay, yes; Mr. Lecklider, yes. Mayor Chinnici-Zuercher thanked Ms. Blanquera and Mr. Freutel for their support and partnership with the City in this endeavor. OTHER • Discussion of Council Meeting Schedule for 2010 Mayor Chinnici-Zuercher summarized that the first option identified is for meetings on the first and third Mondays, which would result in the need to move meetings to Tuesdays for Monday holiday observances. The second option is meeting on the second and fourth Mondays, which would eliminate most of those conflicts. Vice Mayor Boring moved to adopt the second and fourth Monday meeting schedule, and that legislation be brought forward to amend the Council Rules of Order to allow this change. Mr. Lecklider noted that in recent years, Council has tried to reserve the majority of July for a recess. In looking at November, the proposed second and fourth Monday schedule would include a meeting on the Monday of Thanksgiving week. He asked for clarification of the December 2010 Council meeting date under this proposal. Ms. Salay noted that November and December would be problematic, based on the Thanksgiving week scheduling and meeting on the second Monday in December. She is willing to try a revised meeting schedule for a year, but would like some modifications to the November and the December schedule. She also proposes that Council not meet on June 28, but on Thursday, July 1 instead. There would therefore not be a need to meet on Tuesday, July 6. In addition, she suggests switching the schedule in November and December to the first and third Mondays. Vice Mayor Boring noted that there is a problem with the July schedule under any scenario. She supports the concept of meeting on Thursday, July 1. For November, she would support meeting on the first and third Monday, assuming that other Council members are not willing to meet on Monday of Thanksgiving week. Ms. Salay stated that Thanksgiving is a busy week, with family gatherings and she would prefer not to meet on that Monday. Vice Mayor Boring noted that Council generally meets only once in December, and the date has varied. She could support meeting on the first Monday and not having a second meeting in December. Mayor Chinnici-Zuercher summarized the proposed changes: move the June 28 meeting to Thursday, July 1; the November meetings would be held on November 1 and 15; the one meeting in December would be held on December 6. The Clerk noted that staff will work with the Law Department in drafting an amendment to the Rules of Order to provide this flexibility in scheduling. Ms. Salay suggested that Council adopt this meeting schedule for 2010 and re- evaluate next year whether the second and fourth Monday schedule should continue in 2011. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting September 8, 2009 Page 12 She asked that the Community Relations department update the website and other media to reflect the revised schedule after it is adopted. (Vice Mayor Boring withdrew her motion.) Vice Mayor Boring asked if Council wants to consider changing the CIP and operating budget workshops to the off-Mondays versus the traditional Wednesday scheduling. Following discussion, it was the consensus of Council to schedule the CIP and operating budget workshops on the off-Mondays, to the extent possible. Wallace Maurer. 7451 Dublin Road stated that there are many people and entities who have relied upon the first and third Mondays of the month for City Council meetings. However, he understands Council's desire to make a change. The revised meeting schedule and a resolution amending the Council Rules of Order will be presented at the September 21 Council meeting, with action to be taken on October 5. STAFF COMMENTS Mr. Foegler noted that: 1. Staff had indicated previously to Council that the National Church Residences were not successful in their bid to secure low income housing tax credits for its elderly housing project in Dublin. A follow-up meeting was held with them to gain a better understanding of what was not competitive about the application. The NCR project ranked somewhere in the middle of 15-17 projects submitted for consideration. While the project was favorably viewed on its own merits, it appears that the areas in which it did not rate well were access to transit and walkability to retail and other services, which are not typically available in new, suburban development. NCR did share with Dublin staff that they are considering other financing options that have emerged, and will keep Dublin advised how that proceeds. 2. Information was included in the packet regarding board and commission chair training scheduled for late October. Any feedback on the agenda or interest in participating is welcome. This is being coordinated by Charlotte Colley, Management Assistant. 3. Information was received regarding the City's bond rating from Fitch. Ms. Grigsby stated that staff has been working with Fitch Ratings over recent weeks. The City currently has an AAA rating. As part of their review or surveillance, which is being done with many entities due to the economic situation nationally and locally, they confirmed the City's AAA rating. Some items cited in their review were the City's investment in capital infrastructure, and the allocation of excess revenues to capital projects versus growing of operations. This has allowed the City to provide infrastructure needed for continued economic development expansion. Fitch also looked closely at the General Fund balance, and the significant balance compared with expenditures was viewed very favorably. Within the next month, staff will bring legislation to Council to authorize a refinancing of some existing debt, as well as issuance of new debt. Fitch will be issuing a press release in the near future regarding this AAA rating for the City of Dublin. Mayor Chinnici-Zuercher congratulated Ms. Grigsby and her staff, noting that in large part, the reason for the City's high ratings is a result of the financial policies of this Administration. This AAA rating will result in savings for the City and residents over the coming years. COUNCIL COMMITTEE REPORTS/COUNCIL ROUNDTABLE Mr. Keenan noted that the memo from Mr. Burns regarding the solid waste fuel adjustment costs and pass through costs was well written. He appreciates the detailed information. RECORD OF PROCEEDINGS _Minutes_of Dublin City Council Meeting September 8, 2009 Page 13 Mr. Reiner: 1. Reporter that a letter was sent to Council regarding problems with egress from Cartney Court in Muirfield. He observed some mirror devices used in Europe, and perhaps these could be implemented in Dublin. He will contact Mr. Hammersmith about this suggested solution. 2. Wished the Mayor a Happy Belated Birthday! Mr. Gerber also wished the Mayor a Happy Belated Birthday! Ms. Salay reported that on Saturday, September 19, the Dublin Arts Council will have a program at their facility. When they submitted an application for a Special Events permit, they were surprised with the amount of City fees associated with the event. They are in agreement with the City's requirement to have an officer to assist with traffic, and Streets & Utilities staff to assist with ingress and egress and closing a lane. The DAC did not anticipate these fees in the budget for the event.. She requested that Council waive the fees for City services for the Dublin Arts Council for the September 19 event, similar to the fee waivers for City services granted for the Sundays at Scioto. Mayor Chinnici-Zuercher asked for an estimate of the fees for these services. Ms. Grigsby stated that she believes it is approximately $600. Ms. Salay moved to waive the fees for City services associated with the September 19 event at the Dublin Arts Council grounds. Vice Mayor Boring seconded the motion. Vote on the motion: Mr. Lecklider, yes; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes; Mr. Reiner, yes; Mr. Gerber, yes; Ms. Salay, yes; Vice Mayor Boring, yes. Vice Mayor Borinq reported that another business has opened at the Shoppes at River Ridge - a gelato store. This is positive news. Mayor Chinnici-Zuercher: 1. Congratulated Ms. Colley on her recent marriage. 2. Asked Mr. Hahn to address the issue raised by a resident in regard to serious injuries resulting from her collision with a bollard on the bikepath. Mr. Hahn stated that staff will respond to her, explaining that the bollards are installed in keeping with national standards. In this case, the bollard is designed to block a vehicle from crossing a bikepath bridge that cannot support the weight of a vehicle. The bollards do have reflectors installed on them. While this serious accident was unfortunate, the bollards are consistent with national standards and prevent vehicles from entering the paths. Mayor Chinnici-Zuercher thanked him for this explanation, requesting that he respond to the citizen with this information. She heard of another situation recently where a tree branch was on the bikepath and caused the bicyclist to fall and sustain very serious injuries with lifelong repercussions. She asked how the bikepaths are kept free of such debris. Mr. Hahn responded that the paths are inspected and monitored, but staff does rely upon citizens to notify the City when they encounter tree limbs, broken glass, or other debris on the paths. Staff uses the bikepaths to access the more remote parks for trash pick-up, so they do clean the paths or report the need for a crew to clean larger debris off the paths. Mr. Lecklider commented that as a result of his more frequent personal bike riding on the paths, he now is more conscious of the need for bicyclists, inline skaters, or walkers to be aware of their surroundings, both behind and in front of them. There is a potential for injury and a high level of awareness is important. ADJOURNMENT TO EXECUTIVE SESSION Mayor Chinnici-Zuercher moved to adjourn to executive session at 8:47 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), land acquisition matters (to consider the purchase of property for public purposes), and personnel matters (to consider the appointment, employment, _~ ~_ RECORD OF PROCEEDINGS __ _Mn_u_te_s of Dublin City Council _ Meetin` September 8, 2009 Page 14 Held 20 dismissal, discipline, promotion, demotion, or compensation of a public employee or official) Mr. Gerber seconded the motion. Vote on the motion: Vice Mayor Boring, yes; Mr. Reiner, yes; Mr. Lecklider, yes; Mr, Gerber, yes; Mr. Keenan, yes; Ms. Salay, yes; Mayor Chinnici-Zuercher, yes. The meeting was reconvened at 9:50 p.m. and formally adjourned. - Presiding Officer Clerk of Council