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HomeMy WebLinkAbout09/18/2007 RECORD OF PROCEEDINGS Minutes of Dubli^ Gity Council Meeting _ DAVTON LEGAL BLANK INC. FORM NO. 10148 ter- September 17, 2007 Mayor Chinnici-Zuercher called the Monday, September 17, 2007 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 Lecklider, Mrs. Boring, Mr. Keenan, Mr. Reiner and Ms. Salay. Mr. McCash arrived at 7:25 p.m. Staff members present were: Ms. Brautigam, Stephen Smith, Jr., Ms. Grigsby, Mr. McDaniel, Chief Epperson, Mr. Hammersmith, Mr. Hahn, Mr. Langworthy, Mr. Gunderman, Mr. Earman, Ms. Crandall, Mr. Harding, Mr. Sova, Ms. Hoyle, Mr. Crow, ~~i and Mr. Jones. PLEDGE OF ALLEGIANCE Mayor Chinnici-Zuercher invited Lucille McComas, Regent, Columbus Chapter of the Daughters of the American Revolution to lead the Pledge of Allegiance. 1 1 APPROVAL OF MINUTES • Regular Meeting of August 20, 2007 Council Meeting Ms. Salay moved approval of the minutes of August 20, 2007. Mr. Keenan seconded the motion. Vote on the motion: Mayor Chinnici-Zuercher, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr. Keenan, yes; Ms. Salay, yes; Vice Mayor Lecklider, yes. Vice Mayor Lecklider moved approval of the minutes of September 4, 2007. Mr. Keenan seconded the motion. Vote on the motion: Mr. Reiner, abstain; Mr. Keenan, yes; Mrs. Boring, yes; Mayor Chinnici-Zuercher, yes; Ms. Salay, yes; Vice Mayor Lecklider, yes.. PROCLAMATION Mayor Chinnici-Zuercher described the history and purpose of Constitution Week, and proclaimed the week of September 17-23 as "Constitution Week" in the City of Dublin. The Mayor presented the proclamation to Lucille McComas, Regent, Columbus Chapter of the Daughters of the American Revolution; Robin Lee Rose, Vice Regent, Columbus Chapter of the DAR, and Lois Dixon, wife of former Mayor Joseph Dixon. The DAR has been in existence for 117 years, and is the largest women's patriotic organization in the world. DAR has over 165,000 members, with approximately 3,000 chapters across all 50 states and 11 foreign countries. Ms. McComas thanked the Mayor on behalf of the DAR. CORRESPONDENCE There was no correspondence requiring Council action. CITIZEN COMMENTS Wallace Maurer, 7451 Dublin Road addressed Council regarding the Dancing Hares sculpture at Ballantrae Park. He described in detail the setting of the sculpture. His question is whether the sculptress, Sophie Ryder was aware of the setting or had involvement in the setting. Secondly, was that setting built by the City staff, and if so, was there anyone who had a concept of what the setting should be? His impression is the setting appears as pre-historic Druid-like. Mrs. Boring stated that she recalls that Mr. Edwards had a design contest for that entire area. The land was not owned by the City, but by Mr. Edwards. Ms. Brautigam stated that staff will research this and provide the information to him. Mr. Reiner added that Mr. Edwards' landscape architects planned this project. It was quite complicated, with groundwater features, and an entry feature. A specialist was used for the water park area, and he is aware that the City maintains the water feature. Julie Hubler, 5025 Brand Road thanked Council for supporting many different initiatives of the City, not only within the boundaries of the City but also the county at large. She announced upcoming festivals: on Saturday, an India Festival will take place from 10 a.m. until 10 p.m. at Vets Memorial; an International Festival will take place on November 3 and 4 at Vets Memorial. She was also very moved with the comments regarding the U.S. Constitution, as she was a direct beneficiary of the Constitution. She was glad to be present tonight for this. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLAN_K,_INC.. FORM NO. 10148 September 17, 2007 (At this point, Mr. McCash arrived) Page 2 ~ LEGISLATION SECOND READING/PUBLIC HEARING -ORDINANCES Ordinance 71-07 Rezoning Approximately 1.66 Acres Located at the Intersection of Heather Bluff Drive and Wilcox Road, from R-1, Restricted Suburban Residential District to PUD, Planned Unit Development District. (Heather Bluff Estates -Preliminary Development Plan -Case No. 02-1172) Mr. Gunderman noted that discussion took place at the last meeting about the long-term use of the last lot on the north side of Heather Bluff Drive at the corner of Wilcox. It appeared that the majority of Council felt this area would be better as a dedicated park space. To that end, there are revised drawings in the packet reflecting this change, and ~~ a revision was made to the text of the planned district. With those changes in place, staff recommends approval of the rezoning. Wallace Maurer. 7451 Dublin Road asked if this area is near the Dancing Hares sculpture. Mr. Gunderman responded this site is further to the east on Woerner-Temple. Vote on the Ordinance: Ms. Salay, yes; Vice Mayor Lecklider, yes; Mr. Reiner, yes; Mayor Chinnici-Zuercher, yes; Mr. McCash, yes; Mrs. Boring, yes. Ordinance 72-07 Rezoning Approximately 11 Acres Located on the East and West Side of South Riverview Street, South of Bridge Street, From R-2, Limited Suburban Residential District and R-4, Suburban Residential District To HR, Historic Residential District. (Historic Dublin Residential, Case No. 07-0692.) Mr. Langworthy noted that there have been no changes since the first reading. This is a rezoning that came about as a result of a petition signed by a number of property owners j, and residents who desired a change to Historic Residential District zoning. David Garcia. 109 S. Riverview Street thanked Council and staff for their assistance in this matter. He commented that the Historic Dublin Association and a large part of the neighborhood were very excited to see this happen. This change will have a real impact on the residents who are trying to make improvements to their properties, recognizing that modern zoning laws did not exist at the time the houses were built and compatibility with zoning laws is difficult. In terms of safety, the neighborhood does not have sidewalks and probably does not want them. However, maintaining the entire neighborhood in a residential manner, without businesses, will help to keep the speeds down to 15 mph. There are many pedestrians and children in the neighborhood, and this will improve safety for all. Vote on the Ordinance: Mrs. Boring, yes; Mr. Keenan, yes; Mr. Reiner, yes; Ms. Salay, yes; Mayor Chinnici-Zuercher, yes; Vice Mayor Lecklider, yes; Mr. McCash, yes. !', INTRODUCTION/FIRST READING -ORDINANCES Ordinance 73-07 Designating Financial Institutions as Public Depositories. Vice Mayor Lecklider introduced the ordinance. Ms. Grigsby stated that each governmental entity is required to designate their depositories for both active and interim funds. Dublin's depository designation expires at the end of October 2007. It is staff's recommendation to maintain the City's active account with J.P Morgan Chase and with National City Bank for the purchasing card program. The banks listed in the memo are designated for interim funds, and these are selected by a competitive basis as investments mature. Ms. Salay asked if the City's deposits are insured any differently than an individual investor's deposits. Ms. Grigsby responded that the City has collateral which backs the investments made. The banks the City uses have collateral up to 110 percent. For anything outside the bank, the City has collateral that backs those investments. RECORD OF PROCEED[NGS _ Minutes of __ Dublin City Council _ _ Meeting _ _ DAYTON LEGAL BLANK, INC„.FORM NO, 10148 September 17, 2007 Page 3 Ms. Salay stated that this legislation extends for a long period of time. i n ted financial institutions as Ms. Grigsby responded that in years past, the City des g a depositories every two years. Several years ago, it was extended to a third year. The state law then changed, allowing up to five years for designations, recognizing that two- yeartime periods were very short and the electronic nature of banking makes it difficult and costly to change banks. There will be a second reading/public hearing at the October 1 Council meeting. Ordinance 74-07 Authorizing the City Manager to Enter into a Contract for Health Services with the Franklin County Board of Health for 2008. Ms. Salay introduced the ordinance. Ms. Brautigam stated this is an annual contract. Franklin County Board of Health provides services on behalf of the City to Dublin residents, and the City pays a per capita rate for each resident of the City. This year, the rate has increased 3.5 percent, which is fairly typical in the industry. Mr. Keenan noted that Dublin is located in three counties. Would it make sense to contact the other two county boards of health in regard to contracting for the services? Ms. Brautigam responded that is possible, however the vast majority of Dublin residents are in Franklin County. It would be more appropriate to use Franklin County for the ~~ services. ~ Mr. Keenan asked if the service from other counties would be different. Ms. Brautigam responded that the Franklin County health services are perhaps somewhat more sophisticated than those provided by some other counties. Vice Mayor Lecklider noted that on page 2 of the agreement, it states that: "The City Attorney of Dublin, Ohio shall be responsible for the litigation of health regulations within the corporate limits of said political subdivision." He assumes the Board of Health makes the citations - is that correct? The City does not have any power or resources to ~I conduct investigations and issue citations, if that is the procedure. ~ Stephen Smith, Jr. responded that he does not know, but will find out. In the years he has worked for the City, the City has not undertaken a litigation matter regarding the ~ health regulations, as far as he is aware. There will be a second reading/public hearing at the October 1 Council meeting Ordinance 75-07 Authorizing the Sale of 0.447 Acres, More or Less, of Dedicated Right-of-Way No Longer Needed for a Public Purpose, and Waiving Competitive Bidding. Vice Mayor Lecklider introduced the ordinance. Ms. Brautigam stated that Germain and the Stavroff group have entered into a PUD zoning for the area around David Road. Because of that, the City no longer needs the right-of-way of David Road, and is therefore abandoning it. In doing so, the property will go to the adjacent property owner by means of a $25,000 purchase. They were willing to negotiate with the City and they agreed to pay the City for this property. There will be a second reading/public hearing at the October 1 Council meeting. Ordinance 76-07 Petitioning the Board of County Commissioners of Union County, Ohio for a Change of Township Lines of Jerome Township for that Portion which now Lies '~ Within the Corporate Boundaries of the City of Dublin. Ms. Salay introduced the ordinance. Ms. Brautigam stated this relates to the Horr property annexation, approved on August 20. The petition requests this land be removed from Jerome Township and placed in ~' Washington Township. There will be a second reading/public hearing at the October 1 Council meeting. Ordinance 77-07 RECORD OF PROCEEDINGS Minutes of _ __ _ __. _ __ Dublin. City Council _ ___ September 17, 2007 Page 4 Held 20 1 - - _ -- Petitioning the Board of County Commissioners of Franklin County, Ohio for a Chan of T wn hi Lin f rom Town hi f r h Po ion which now Lies e o s es o Je e s o f at rt 9 P P Within the Corporate Boundaries of the City of Dublin. Ms. Salay introduced the ordinance. Ms. Brautigam stated that the statute requires that the petition be submitted to both Union and Franklin counties. There will be a second reading/public hearing at the October 1 Council meeting. 1 Ordinance 78-07 Authorizing the City Manager to Enter into an Economic Development Agreement with the Center for Reliable Energy Systems, Inc. Vice Mayor Lecklider introduced the ordinance. Mr. McDaniel stated that this is a start-up company being founded by Dr. Wong, a Dublin resident. He has been working with both federal government and major energy companies to conduct advanced research and apply the results to codes and standards typically adopted by the federal registry. Dr. Wong has taken amulti-disciplinary approach to weld integrity, which is the basis of his company. It relates to the integrity of welds in pipelines. In addition, he consults with owners, operating construction companies in the off shore/on shore energy sector as well as the federal government on material specification, welding procedure qualification, testing procedures and compliance with federal codes and standards. He is one of the foremost experts in the field of welding technology and has done extensive research in the Edison Welding Institute on Kinnear Road. The economic development agreement as proposed offers a $2,500 start-up grant to help offset costs such as technology, and offers three years of withholding incentives. The total incentives would not exceed $10,900, with the City receiving over $50,000 net in income tax revenues. This agreement is consistent with Council's initiative and goal regarding technology start-up companies. Ms. Salay stated she spoke briefly with Mr. McDaniel in regard to learning more about the energy infrastructure to be built in frontier areas, such as in arctic regions and deep water off shore areas. She wants to understand more about the specific business and if it involves new areas that have not been investigated previously. She may have an issue, as it would not be a green business and would not be, in her view, environmentally responsible. Therefore, she would have a difficult time supporting this. She is interested in having more information about the business. It may be at odds with the City's goal of being a green City and supporting green businesses. Mr. McDaniel responded that these are good questions. He will look into this, and Dr. Wong will be present at the next meeting. Dr. Wong's work involves the welding integrity for the purpose of code compliance and protection of the environment. Staff will provide additional information on this. There will be a second reading/public hearing at the October 1 Council meeting. Ordinance 79-07 Adopting and Enacting a Supplement to the Code of Ordinances (S-22) for the City of Dublin, Ohio Vice Mayor Lecklider introduced the ordinance. Ms. Brautigam stated that this incorporates the personnel code amendments which were effective after the last supplement was forwarded to the codification company. Mr. Reiner moved to dispense with the public hearing. Vice Mayor Lecklider seconded the motion. Vote on the motion: Mr. McCash, yes; Mr. Reiner, yes; Ms. Salay, yes; Mrs. Boring, yes; Vice Mayor Lecklider, yes; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes. Wallace Maurer. 7451 Dublin Road asked for clarification of whether this supplement, S- 22 was posted for public review. The Clerk of Council noted that this incorporates amendments already approved by City Council into the Dublin Code. There have been previous hearings and review of these personnel code amendments. RECORD OF PROCEEDINGS Minutes of __ Dublin. City_Council_ _ DAYTON LEGAL_BLANK INC., FORM NO. 10148 _. I._ _.___ September 17, 2007 Page 5 Held 20 ~ Vote on the Ordinance: Mr. Keenan, yes; Ms. Salay, yes; Mr. Reiner, yes; Mayor ',; Chinnici-Zuercher, yes; Vice Mayor Lecklider, yes; Mr. McCash, yes; Mrs. Boring, yes. INTRODUCTION/PUBLIC HEARING -RESOLUTIONS Resolution 60-07 Accepting the Amounts and Rates as Determined by the Budget Commission, Authorizing the Necessary Tax Levies and Certifying Them to the County Auditor. Ms. Salay introduced the resolution. Ms. Brautigam stated this is an annual resolution brought to Council regarding inside millage. Wallace Maurer. 7451 Dublin Road stated that as he understands it, the tax rates are established by a combined county and state budget commission. Ms. Grigsby stated that the state is involved in terms of setting the reduction factors which are used to calculate the effective rate. For the most part, the inside millage is set by state law, and any of the outside millage is that which has been voted upon and approved by the residents. Mr. Maurer asked if a city has any latitude for comment and review. Ms. Grigsby responded that the City has the option of attending the budget commission meetings, and the City has done so in the past. The millage the City currently has and the funding received are accurate, so the City has no issues with what is being presented. Mr. Keenan asked Ms. Grigsby to provide clarification about the allocation of inside millage. Ms. Grigsby responded that each taxing district has up to 10 mills of inside millage. The amounts are set by state law. If the City were to reduce its millage, there is potential for another governmental jurisdiction to increase or pick up that millage. It is based upon the budgets submitted. Mr. Reiner moved approval of the resolution. Ms. Salay seconded the motion. Vote on the motion: Vice Mayor Lecklider, yes; Mr. Keenan, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mayor Chinnici-Zuercher, yes; Ms. Salay, yes; Mr. McCash, yes. Resolution 61-07 Accepting the Lowest and Best Bid for Darree Fields Miracle League Parking Phase II Project. Ms. Salay introduced the resolution. Ms. Brautigam stated that a favorable bid was received for this project. Mayor Chinnici-Zuercher asked about the timeframe for completion. Mr. Hahn responded that the project should be substantially completed this year. Vote on the Resolution: Mayor Chinnici-Zuercher, yes; Mr. Keenan, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr. McCash, yes; Ms. Salay, yes; Vice Mayor Lecklider, yes. '~ Resolution 62-07 A Resolution in Support of the Central Ohio Green Pact and Authorizing the Mayor and City Manager to Sign the Pact. Ms. Salay introduced the resolution. Ms. Crandall reported that the pact is the cumulative efforts of several local governments in Central Ohio. The pact contains ten areas of environmental action for local governments to work toward accomplishing. The City of Dublin has already been investigating or pursuing many of the items. There will be a ceremonial signing of the pact by Central Ohio Mayors and Managers on October 4. Staff is recommending j passage of the resolution. Mr. Keenan noted that one of the City's goals was to attract green businesses and the types of incentives needed to attract them were discussed previously. Is attracting green businesses addressed in the ten items in the pact? Ms. Crandall responded that Planning and Building staff are currently reviewing City codes to assess any changes needed to attract green developments. RECORD OF PROCEEDINGS Minutes of _ Dufzlin City_Council Meeting DAYTON LEGAL BLANK. INC.. FORM NO. 10148 __ _ _ _ --._ September 17, 2007 Page 6 i Held 24 - - ,. __ - _ ~I Mr. Keenan asked if this should be included as a bullet item in the pact. ~ Ms. Crandall responded that it is covered in No. 2 under "Economy." ~~ ~I Ms. Salay asked whether or not the City would consider an economic development incentive to encourage businesses to build a sustainable, green building versus a non- green building, if there is a cost differential to do so. Ms. Brautigam responded that Mr. Tyler is investigating this and will report back. In '~ order to apply for LEED certification, there is an application and cost involved. Perhaps the City could underwrite this as an economic development tool to encourage the business to apply for and secure such certification. Staff will provide information on the ~,I application costs and the benefits to the City of underwriting the costs. II Ms. Salay commended staff for their work on this goal identified by Council early this 'i year. Wallace Maurer. 7451 Dublin Road stated that recently, he came across information regarding energy saving devices to be used in everything from households to highways Mayor Chinnici-Zuercher acknowledged the contributions of Ms. Crandall for her leadership in this initiative in Central Ohio. There is much support across Central Ohio for the initiative. Mr. Reiner asked about recycling in Columbus, in view of the signing of this pact. Will i they step up their recycling program as a result? Ms. Crandall responded that Columbus recently placed recycling containers at all of their schools. She is not sure whether additional household recycling will be pursued by Columbus. Vote on the Resolution: Mr. Keenan, yes; Mr. Reiner, yes; Ms. Salay, yes; Mr. McCash, yes; Mrs. Boring, yes; Mayor Chinnici-Zuercher, yes; Vice Mayor Lecklider, yes. Resolution 63-07 A Resolution of Intent to Appropriate a 0.030 Acre, More or Less, Permanent Bikepath Easement, from AERC Perimeter Lakes, Inc., Located on the South Side of Post Road West of Holt Road, City of Dublin, County of Franklin, State of Ohio. Ms. Salay introduced the resolution. Ms. Brautigam stated that this relates to an infill segment of bikepath needed in the City's bikeway plan. Mr. Hammersmith stated that an easement is needed to complete this missing connection along the south side of Post Road, west of Holt Road. The goal is to complete the link this year. Ms. Salay asked if the evergreens on the Schoby property will be preserved. Mr. Hammersmith responded that staff has worked closely with Mr. Schoby to address his concerns. Vote on the Resolution: Mrs. Boring, yes; Mr. Keenan, yes; Mr. Reiner, yes; Mayor Chinnici-Zuercher, yes; Mr. McCash, yes; Vice Mayor Lecklider, yes; Ms. Salay, yes. OTHER • Tree Replacement Fee Waiver Request -Germain Service Center - 6500 Shamrock Boulevard Mr. Gunderman stated that the current codes, absent a waiver, require a developer to replace inch for inch all the code required trees on the site. By granting a waiver, the non-landmark trees would be reduced to a tree for tree replacement, which substantially reduces the cost of tree replacement for the project. In this case, the cost is reduced from a potential of $90,000 to $37,350. In most respects, the calculations are similar to those included in previous tree waivers. There are a couple of distinguishing features: 1. The language related to the original implementation of tree waivers talks of ~; heavily wooded sites. This site is not as heavily wooded as others addressed in the past, making it a more difficult review by staff. RECORD OF PROCEEDINGS 1 Minutes of Dublin City Council September 17, 2007 Held Meeting Page 7~ 20 2. There are two standards, however, in the policy adopted by Council: Does the site meet development standards? Have measures been taken to reduce the impact of construction on this site? In the case of the development standards, this project does meet all of the standards. Much discussion took place during development review of the locations of the buildings, which were moved around. A number of building relocations have been done at the direction of staff or the Planning Commission. At least one of the original proposals of the applicant would have preserved a great deal of the trees. Staff has therefore recommended approval of this waiver, but recognizes the unusual circumstances and is seeking direction from Council for the long term. Mrs. Boring asked for clarification regarding the fact that staff requested the applicant move the buildings to a location where there were more trees. Mr. Gunderman demonstrated the site plan as approved and pointed out the trees in questions. There was a point in time when the applicant proposed a location of the building further back on the site and staff requested that they move the building up on the site. Staff felt that a building of this size would look better closer to the street as opposed to having acres of parking in front of it. 1 Mr. Reiner asked if there was an alternative identified to accommodate this building on the site. Mr. Gunderman responded that there were not many good alternatives. In balancing all of the characteristics to be achieved for a commercial building, staff did not believe it was a fair policy to impose on this development. In the process of review, staff did ask that the building be moved to the location shown tonight, and that location did interfere with a number of trees on the site. Ms. Salay asked if this is the site plan that will actually be built. She recalls Council discussion of the car wash at the time of rezoning. She recalls they were asked to orient the car wash so the entrances would be east/west and not visible from the roadway. Mr. Gunderman stated he does not recall discussion about the actual doorways. He does recall discussion at Council about the exact location of the car was, which was then moved accordingly. Mr. Keenan recalled that Council asked that the car wash be moved closer to Lowe's, which is the current location. Ms. Salay stated that she recalls requesting moving it back so that the view from the roadway would be the side of the car wash. Mr. Gunderman responded that this location is superior in that respect, as it is more removed from the roadway. Ms. Salay stated that the stacking for the car wash will be on Banker Drive, based on this scenario. 1 Vice Mayor Lecklider agreed there was much previous discussion. Tonight's discussion relates to the tree preservation fee waiver; the other is a matter of record in terms of the site plan approved. It was the consensus of Council that staff review the records to ensure this is consistent with the minutes. Mr. Gunderman agreed to do so. Vote on the waiver: Ms. Salay, yes; Vice Mayor Lecklider, yes; Mr. McCash, yes; Mrs. Boring, yes; Mayor Chinnici-Zuercher, yes; Mr. Reiner, yes; Mr. Keenan, yes. STAFF COMMENTS • Report re City Bikepaths Ms. Brautigam stated that during the CIP workshop hearings in August, Council requested that staff bring forward a comprehensive bikepath map for purposes of a discussion regarding the existing bikepaths and the plans for the future. Mr. Hahn is presenting this information tonight. (At this point, Mr. Smith arrived) RECORD OF PROCEEDINGS Minutes of Dublin City~ouncil Meeti-nom DAYTON LEGAL BLANK, INC.; FORM NO. 10148 - ------- - - - - --- - September 17, 2007 Page 8 Held 20 - - -- - -- Mr. Hahn stated that the slide reflects the draft bikepath master plan. It includes those paths to be completed as part of the 5-year CIP, existing bikepaths including some non- Dublin bikepaths, unprogrammed bikepaths for the City and those committed to by developers. The slides reflect the 5-year CIP as it stands now, and what remains to be done at the end of the 5-year CIP The various slides shown delineated all of these categories of bikepaths. Mayor Chinnici-Zuercher asked if there is a cost estimate for the completion of all of the bikepath system throughout the City. Mr. Hahn responded he does not have this information. For the Riverside Drive bikepath, he estimates that the costs per foot will greatly exceed any bikepath previously constructed, due to constructabilityavd land acquisition issues. Mr. Reiner asked if any study has been done regarding major connectors missing in the bikepath system and priority items. Mr. Hahn responded that much of the five-year CIP does focus on those connections and priorities. The final phase of Emerald Parkway will include a very important link of bikepath, helping to connect the east and west sides of the river. Other unprogrammed but important connectors include Brand Road as an east/west connector between '~, Muirfield and Dublin Road; the north/south connector along Muirfield Drive from Brand to Glick Road; and the Glick Road east/west connector itself. Mr. Reiner asked about the Brand Road bikepath and when it is programmed for completion. Mr. Hahn responded he believes it is programmed in 2010 and 2011. He explained the detail shown in the maps. Mr. Keenan asked for confirmation that the plan is to secure the right of way along Brand Road in order to construct the path by 2011. Mr. Hahn responded that most of this portion has been identified. Mr. Keenan noted that there are some issues related to the stream corridor. ~~, Mr. Hahn responded that is correct, adding that the existing right-of-way will not accommodate the path, and the north fork of Indian Run is a complicating factor. Mr. Keenan noted that he believes the east/west portion is a priority connection. Mr. Hahn stated that the attachment to the staff memo indicates the funding sources and ~ scheduling. Mr. Reiner asked which side of Brand -north or south - is the preferred route of the path. One side includes the stream with little easement, and the other has a lot of open land. Mr. Hahn responded that he recalls that from Coffman to Dublin Road, the path goes to the north side. From Muirfield to Coffman, it is on the south side. Mrs. Boring commented that Council previously discussed having a policy which would encourage donation of land by the community for this purpose. Has any formal written policy been done by staff, or any recognition formalized for those who cooperate with the City on this? Mr. Hahn responded that there is no formal policy. What has been done for such ~I donations is to send a formal thank you from the City. He recalls that there have been three such donations of easements over the years. He does recall the Council discussion about this. Mrs. Boring stated that she believes a policy could be established that could be accessed by the public. Mr. Hahn agreed that the donation of right-of-way easements should be encouraged as opposed to the City purchasing them. Ms. Salay suggested that the Community Relations department could be used as a resource to encourage people to donate easements for bikepaths. Land acquisition is always a huge portion of the project expense. The individuals could be commemorated publicly, such as in a brick plaza, or with tickets for their families to the Irish Festival, etc. Mr. Keenan added that there would be tax incentives for such donations as well which '~, staff could help to identify. RECORD OF PROCEEDINGS Minutes of Dublin _City Council Meeting DAYTON LEGAL BLANK, INC„ FORM NO. 10148_ September 17, 2007 Held 20 Page 9 ', i ~' Mr. Reiner stated that this donation policy was suggested 9 years ago, but the City has not pursued this. Mr. Hahn agreed. Mr. Reiner added that there was a suggestion to memorialize such donations in a downtown plaza area. Ms. Salay pointed out Item 40, identified as "Dublin Road A" is unprogrammed, and includes Dublin Road, from Rings Road north almost to Short Street. It essentially connects the southern part of Dublin Road to the Historic District. She encouraged staff to consider extending the bikepath to the south, recognizing it would add expense. However, there are likely 400 households in Llewellyn Farms and the river areas who would be very interested in this connection. In addition, she urged consideration of the path further to the south, to the City limits. If the right-of-way donation is incentivized, it may help. Mayor Chinnici-Zuercher stated that perhaps such a donation policy could be approved prior to the next CIP consideration in order to gauge the public interest in other connections. Ms. Salay noted that there are pocket areas of township along the road, so staff would have to work with them as well. Mr. Hahn added that smaller size maps have been provided on the dais tonight. • Report re Impact of House Bill 9 upon City Fees Charged for Copies Ms. Brautigam stated that House Bill 9 mandates that the fees charged for photocopies be revised. Currently, the City charges $.25/single-sided page, and under HB 9, the maximum the City can charge for black and white copies is $.05 for single-sided, $.10 for double-sided copies, and $.10 for a single-sided color copy. The fees will be changed accordingly, effective September 29, 2007. This will be included in the revised fee schedule as well. • 2007 Holly Days Tree Lighting Ceremony Ms. Brautigam reported that after last year's celebration, the Community Relations division provided afollow-up report, including some recommendations for changes for 2007. Before the preparations are underway, staff wanted to bring the recommendations back to Council for review. The most significant change is the recommendation to discontinue the "Spirit of the Season" family due to waning interest. Staff felt the most appropriate thing to do is to honor the persons that have received this award in the past with a hospitality event. In addition, the tree lighting ceremony is recommended to be held the Thursday after Thanksgiving -Thursday, November 29. The Historic Dublin Business Association has events scheduled that weekend, and it would be a good tie-in. However, it is recommended that the downtown lights be lit for the area before Thanksgiving, based upon a request from HDBA. The timing would be on the HDBA Slainte Thursday on November 15. This would include the holiday lights and the snowflakes on the bridge. The HDBA would continue with the Breakfast with Santa, the Lions' Club breakfast, and the Chili Cook-off. The City staff would program some of their activities on the City's website. Staff welcomes any feedback on the recommendations. Mayor Chinnici-Zuercher asked for clarification -that the City will continue with the tree lighting and arrival of Santa Claus. Ms. Brautigam responded affirmatively, adding that all of the details have not been finalized. Mayor Chinnici-Zuercher asked where the tree lighting would take place. Ms. Brautigam responded that the intent is to have it at Bridge and High, as construction will not be underway at that time. Mayor Chinnici-Zuercher asked where Santa Claus will arrive. Ms. Brautigam responded that staff is working on some options for Santa's arrival in the downtown area. RECORD OF PROCEEDINGS Minutes of _ Dubli^ City Council ~ September 17, 2007 Page 10 Held 20 Ms. Salay suggested that perhaps the Schools Family Night could coincide with the tree lighting in future years, and everyone could attend the tree lighting and share family night. Mr. Reiner added that the "Spirit of the Season" was a nice opportunity to honor those families who do such outstanding community service and who deserve to be acknowledged for it. He is sorry that it will not continue. Ms. Brautigam agreed. However, the attendance and interest in that portion of the activities had decreased in recent years. Mrs. Boring reminded staff that Council had discussion last year about the designation of the tree lighting. She referred to Mr. Reiner regarding this item. Mr. Reiner recalled that Council had directed staff to refer to it as a "Christmas tree" in the promotions for 2007 and not a "holiday tree." Mayor Chinnici-Zuercher noted that the Dublin community is more diverse than ever before, and it is important to be cognizant of those issues as well. Mr. Reiner agreed, but believes a Christmas tree should be called exactly what it is. Mr. McCash indicated support for calling it a Christmas tree. 1 1 Wallace Maurer, 7451 Dublin Road: 1) Asked if Council plans to "get into the game" of the inclusive dates of the holidays? National mercantile pressure would lend itself to Labor Day plus one and the last day of the Super Bowl. Ms. Brautigam commented that staff discussed internally moving the tree lighting to the Slainte Thursday of November 15, but it was felt to be too soon before Thanksgiving. The desire is to have the lighting on November 29. Mrs. Boring commented that it is important not to overlook the true meaning of Thanksgiving, which will be celebrated this year on Thursday, November 22. 2) Asked if Thanksgiving has a politically correct name. Ms. Brautigam responded that Thanksgiving is not a religious holiday. It is a national holiday. Mr. Maurer noted that, historically, Thanksgiving has tremendous connotations. Ms. Brautigam clarified that it is founded by the U.S. government, and the religious connotations are not legislative. Mr. Maurer continued. 3) What is the Historic Dublin Business Association's meaning of its holiday celebration of "Bri-Hi Holiday"? Ms. Salay responded it is a shortened version of Bridge and High Streets. Mr. Reiner moved to approve the staff recommendation, with the provision that the "holiday tree lighting" be identified as a "Christmas tree lighting." Mrs. Boring seconded the motion. Vote on the motion: Ms. Salay, yes; Vice Mayor Lecklider, yes; Mr. Reiner, yes; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes; Mr. McCash, yes; Mrs. Boring, yes. Ms. Brautigam noted that late today, an a-mail was received regarding landscaping issues. Staff is prepared to respond, should these be brought up during Council Roundtable. COUNCIL COMMITTEE REPORTS/COUNCIL ROUNDTABLE Mr. Reiner noted that he was very impressed with the Dublin Methodist Hospital tour. The facility is fantastic, and is already receiving national recognition for its progressive plans for patient care. It is probably one of the premier hospitals in the entire country. In reference to meeting green requirements, this hospital would likely already meet the LEED standards. It is a wonderful addition to the Dublin community, and is already being described in New York as one of the most progressive hospital facilities in the country. He believes citizens will be very pleased with the facilities. Mr. McCash: RECORD OF PROCEEDINGS Minutes of Dublin City Council September 17, 2007 1 D Meeting Page 11 1. Noted that the Infiniti dealer continues to park vehicles along the Tuller Road mound. He has raised this zoning code issue previously. He believes a progressive fine system is needed for repeat offenses. Between Byers, Infiniti and Hummer dealerships, such zoning violations are a continual problem on the weekend. 2. Reported he received an a-mail, copied to Council, on August 6. 2007 from a resident regarding a neighbor's yard plantings. The resident believes the plantings constitute a fence, but acknowledges there are different interpretations of the Code. At the time the fence code was modified several years, ago, the intent was to prohibit the full enclosure of property because of safety concerns and to keep open vistas and views throughout the community. Hedges or living material consisting of trees, shrubs, etc. being closely spaced together were addressed. Apparently, a situation exists where trees have been installed which at mature height will enclose the yard, similar to a fence. A neighbor who had concerns with this asked the City to investigate this. Mr. McCash asked if there is Council support for modifying or adjusting the fence code to clarify the intent at the time. In talking to the resident who installed the trees, they took photos of other properties in Dublin with similar landscaping. Whether they were pre or post fence code changes is unknown. The other issue is with regular enforcement of zoning code ordinances and whether that is occurring. He is seeking Council's input on this. Ms. Brautigam responded that both Mr. Langworthy and Stephen Smith, Jr. are present and both have been involved in this issue. They have pictures available as well, in case Council wants to discuss this tonight. Mayor Chinnici-Zuercher stated that, based on Mr. McCash's comments, there may be a larger policy issue of the intent of Council at the time of the fence code change and whether something needs to be done to clarify the policy so that the intent of the ordinance can be achieved. Mrs. Boring noted she is not certain that the issue can be addressed tonight, given the community wide nature of it. There are trees planted in her yard which are now grown and may not be in keeping with the intent of the fence code change. Mr. Keenan agreed, noting that the issue would need to be clarified -whether it is screening comprised of four trees, or completely surrounding the perimeter of a property. The language of the ordinance and its interpretation are clearly the issues. Mr. McCash stated that is where the issue arises. It was intended for areas where it was the property owner's intent to enclose, not necessarily to screen. Mr. Keenan stated that he would support revisiting the issue, but cautioned there is a need for very careful review. Mr. McCash stated that perhaps a committee of Council or Planning Commission would be the appropriate body to review this. Mr. Keenan asked about existing situations - is there a grandfathering issue? Mr. Smith responded there are several issues involved. His suggestion is that the issues be reviewed at the committee level, and that staff provide information regarding the various matters -legal, zoning code, grandfathering, code dates. One of the issues is the size at planting versus the size when full grown. The Code at this time may not allow staff to enforce the provisions because of the way it is written. Council may choose to adopt a different policy. But in view of the many potential issues across the City, he would advise a careful review. Vice Mayor Lecklider noted that he believes there are hundreds of potential violations under the current code, depending upon the interpretation. All of this review is separate from the individual situation. Mr. McCash responded that the Code as written does address this particular situation of perimeter fencing. Obviously, there is a different interpretation out there. For all the other locations, whether pre or post zoning code changes, the ones that are post zoning code changes become an enforcement issue. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meetine DAYTON LEGAL BLANK INC. FORM NO. 10148 September 17, 2007 Page 12 Held ~ 20 Vice Mayor Lecklider pointed out that the issue becomes determining the date of installation of plantings in relation to the ordinance change. Mr. Reiner commented in regard to the specific case, relating to a specified row of trees, when does it become actual perimeter screening? There are many subjective issues involved for each site. The ordinance when written was intended to keep common areas open and to provide open space in neighborhoods. In this case, however, a person simply installed a row of spruce trees. This is the first complaint he recalls regarding i evergreen being viewed as an unfriendly screening. Mr. Keenan stated that it is important to keep in perspective that this is not a regular ~~, problem. Mayor Chinnici-Zuercher suggested referring the matter to the Community Development Committee. It was the consensus of Council to refer the fencing matters and related policy matters to the Community Development Committee. Mr. Reiner commented that the issue may be when a barrier or buffer of spruce trees constitutes a fence. Vice Mayor Lecklider noted another question relating to no build zones and whether there is a necessity, going forward, to define no build zones in the Dublin Code. Mr. Langworthy responded that it has some impact, but the no build zone impacts only one portion of the lot and not as much on the sides, closer to the main structure. Ms. Salay asked about a no disturb zone -does this mean no planting in the zone or not removing anything? This needs to be clarified as well. Mr. Langworthy responded that both no build and no disturb zones will be clarified. Mr. Smith added that some newer developments such as Ballantrae have patios extending to the lot line in the back, and the patio screening is on the lot line for these cluster homes. These did not exist years ago and should be considered. Mr. McCash stated that Ballantrae is in a planned district, however, which can be modified as opposed to this example. Vice Mayor Lecklider noted that all of this leads to people being unsure. They know what they observe in the community and do not necessarily distinguish what they see in one neighborhood versus another. Ms. Salay responded that people would know they need a fence permit, but she does not believe it would occur to anyone to obtain a permit to plant trees. Vice Mayor Lecklider stated his concern would be writing the code such that it eliminates to the extent possible any potential arbitrariness. That is the real challenge. Ms. Salay asked how much lead time is needed by staff prior to scheduling of a meeting. Ms. Brautigam responded that a month would be advisable in order to gather information and some photographs. Ms. Salay stated that a meeting date will be set for the Committee to review the information. Mrs. Boring asked if staff would prefer to update Council on the specific complaint at a later time. Mr. Smith responded that he would prefer not to discuss an individual case at this time. The issue has been referred to the Community Development Committee and a meeting date will be set for the review. Mr. McCash continued: 3. At the Shoppes at River Ridge, there are stone sidewalk steps from Riverside Drive which run up and around the wall. He has observed that a handrail is not included on the stairs, and this is a Code requirement. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC. FOPM NO. 10148 Staff will report back on this. September 17, 2007 Page 13 Mrs. Boring noted that HB 9 requires Council to attend or assign a designee to attend records training on October 4. She moved that the Clerk of Council be the Council designee for the records training mandated by HB 9. Mr. McCash seconded the motion. Vote on the motion: Mayor Chinnici-Zuercher, yes; Ms. Salay, yes; Vice Mayor Lecklider, yes; Mrs. Boring, yes; Mr. McCash, yes; Mr. Keenan, yes; Mr. Reiner, yes. 1 1 Mr. Keenan: 1. Followed up regarding his request for wind ratings and lightning safety issues for the tents. He assumes that staff is working on this report. Ms. Brautigam responded that it is in process at this time. 2. Commended Ms. Grigsby and Finance staff for the Comprehensive Annual Financial Report and the excellent audit report from Clark, Schaeffer and Hackett. Ms. Grigsby noted that Mr. Sova should be commended for this work, as it is his responsibility. He has done an excellent job in coordinating these items. She will pass along these comments to him. Ms. Salay asked that staff send thank you notes to those at the Dublin Arts Council who conducted the loaned art sculpture tour in Coffman Park tonight, which was very enjoyable and education. In addition, a thank you should be sent for the hospital tour conducted by the architect. She echoed the positive comments of Mr. Reiner about the hospital facility. Vice Mavor Lecklider echoed Mr. Keenan's comments about the excellent financial report. It is significant that there were no issues identified in the audit. The document and audit findings speak well of the Finance staff and the community at large. Mavor Chinnici-Zuercher: 1. Asked Ms. Grigsby to pass along the comments to Mr. Sova regarding a job well done. It is quite an achievement for all of the staff to run such a large operation without any suggested procedural changes from the auditors. Congratulations to Mr. Sova, to Ms. Grigsby and the rest of the Finance staff! 2. Reported that she attended a meeting regarding Dublin Methodist Hospital and learned that Friday, January 4 is the date designated for public tours of the Dublin Methodist Hospital. The hospital will officially open on Tuesday, January 8. There will be opportunities to sign up to volunteer at the hospital on their website in the near future, as well as job opportunities. They have received over 2,000 applications for jobs. 3. Noted her disappointment regarding the number of emergency sirens in Franklin County which were not operational. Dublin staff should be commended for having sent Dublin workers to assist with the repairs. Ms. Brautigam stated she met with the Franklin County EMA staff today. Dublin is the only City which had two bucket trucks and two staff members to assist in the effort. They thanked the City of Dublin for this assistance. 4. Noted that the ribbon cutting for Rise `n Dine restaurant will take place on Thursday, September 20 at 4 p.m. She asked if anyone is available to attend, and if so, they should contact the Clerk. 5. Noted that on Friday, September 21 at Metro V, there will be an ice cream social sponsored by the new owners of Metro V. 6. Reported that a Civic Association Presidents' meeting will be held on October 10. More information will be forthcoming. 7. Noted that the Columbus and Franklin County Housing Advisory Board met recently and approved another bond sale to update and upgrade the St. George on the Commons on Knightsbridge. This is a HUD project and a retirement facility. They have asked for an upgrading, which was approved. In the course of the meeting, the Board received the "Green Affordable Housing Checklist" from Franklin County for new development. She has asked the Clerk to make copies for Council and Development staff. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting September 17, 2007 Page 14 EXECUTIVE SESSION Mr. Reiner moved to adjourn to executive session at 8:45 p.m. for land acquisition, legal and collective bargaining matters. Vice Mayor Lecklider seconded the motion. Mayor Chinnici-Zuercher announced that the meeting will be reconvened following the executive session only for the purpose of formally adjourning. Vote on the motion: Mayor Chinnici-Zuercher, yes; Ms. Salay, yes; Vice Mayor Lecklider, yes; Mr. Reiner, yes; Mr. Keenan, yes; Mr. McCash, yes; Mrs. Boring, yes. ADJOURNMENT The meeting was reconvened and formally adjourned at 10:20 p.m. ,~ . Mayor -Presiding Officer 1 Clerk of Council 1