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HomeMy WebLinkAboutCouncil Minutes 04-26-2010RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting April 26, 2010 Mayor Lecklider called the Monday, April 26, 2010 Regular Meeting of Dublin City Council to order at 6:00 p.m. at the Dublin Municipal Building. ROLL CALL Present were Mayor Lecklider, Vice Mayor Salay, Mrs. Boring, Ms. Chinnici - Zuercher, Mr. Gerber, Mr. Keenan, and Mr. Reiner. SPECIAL PRESENTATION Future Workforce Needs Mayor Lecklider thanked Mr. Hutter for his willingness to present this information to Council tonight. Council's annual goal- setting retreat is scheduled for later this week, and Council thought it would be beneficial to obtain this insight before those discussions. Bill Hutter, Founder /CEO, Sequent presented regarding the role of talent in the achievement of regional economic goals within the Columbus metropolitan area. He focused on the changes that occur in the work force; the importance of human capital in social and economic development in today's environment; and how businesses can deal with the evolving environment. Some issues addressed were: is there a talent crisis, how will this aging workforce impact the cost of doing business, will companies experience a growing knowledge gap, does education really support business needs, and is there truly an Ohio brain drain. He noted that 74 million baby boomers are expected to reach retirement age by 2016, yet there are only 46 million people available to replace them. Organizations and communities will need to transition how they obtain and retain those workers. The biggest companies will lose 50% of their senior management in the next five years. Not only could they have a downsizing problem, they could also experience a lack of institutional knowledge. Of course, the recent losses in retirement portfolios suffered may delay some previously planned retirements. In Ohio, the number of employees older than 55 years is expected to grow by 20 %; the number of younger workers is decreasing by 5 %. Health insurance actuarial tables were never designed to have a majority of the workforce over 50 years old. Organizations will need to develop a new approach. In recent years, schools have eliminated or reduced technical education for infrastructure services. In the last decade, Ohio has lost 500,000 jobs. These are not positions lost due to unemployment -- Ohio does also have 10% unemployment. This is an additional 10% loss, which results in a reduction in annual earnings of $15 billion. Central Ohio must exercise its collective strengths for the greater good, and many good programs are emerging. Local tax incentives which do not create new jobs may not be good for the central Ohio economy. Companies with less than 500 employees account for 99% of all establishments and 78% of all employees. Regulatory costs impact innovation. Studies show that federal regulations cost firms with less than 20 employees $7,600 /year per employee and new federal changes will increasingly impact the heart of the economic engine. Many companies are relocating from large metropolitan cities to other regions, including central Ohio. To attract employees, they have identified the top employee draws -- economic growth, dynamic community, diversity and acceptance, and affordable housing. Approximately 60,000 people work in Dublin, yet 40,000 people, including children, live in Dublin. People work here and spend their money in other communities. There will be a major shift back to an employee- driven world. The question is what aspects of the Columbus MSA tend to attract and retain talent. A recent study with the Human Capital Institute indicated based on 400 interviews that some of these were: safety, streets and neighborhood, career and professional opportunities, cleanliness and attractiveness, home ownership affordability, and commute times. Employers will need to consider the work -life balance issue for prospective employees. The younger work force expects to be measured on productivity, not by the time clock. Central Ohio is a vibrant community for young professionals, but that is not yet well known. Columbus needs to market its economic advantages. Career growth is essential; it is important to pay employees so they can live, not just survive. Also important will be the availability of affordable housing within the community. Mayor Lecklider stated that he understands that companies downsize for financial reasons; however, that would also result in the loss of institutional knowledge and historical perspective. Mr. Hutter responded that it is definitely counter intuitive. Companies are interested in eliminating the highest -paid workers, and many are offering "opt in" to retire early RECORD OF PROCEEDINGS Minutes of Dublin City Cou ncil Meeting April 26, 2010 Page 2 programs. From the employees' perspective, they can retire early, obtain their pensions, and then go elsewhere and market their talent. Mr. Reiner stated that is the reason for citizens' upset with Congress. With the declining population, it would make more sense for the federal government to do everything possible to support the family through tax incentives rather than diminish the American family, which seems to be its policy. This is compounded by its immigration policy. Mr. Hutter agreed. At the time his grandparents immigrated to America, immigration was fueling economic growth; now, unfortunately, the nation's immigration policies are losing that pool of talent — industrious, thinking immigrants, to spur a next round of natural resources. The last natural resource America has is innovation and creativity, and organizations must learn how to leverage it, or it will leave and go elsewhere. The nation is in the midst of a major transformation, although it's difficult to observe at this time. Vice Mayor Salay inquired if companies understand that this is occurring. What can the City do to make the community more attractive to companies? What incentives could bring more tax dollars into the community? What advice would he give to Council as elected officials? Mr. Hutter responded that organizations are just beginning to grasp the transformation underway and the need to interact differently with their employees. It would have occurred much more rapidly if the country had not experienced an economic decline in the last two years. However, there are some organizations that have recognized this and are focusing on innovation and creativity. Unfortunately, enforcement and compliance with government regulations create a dichotomy. Organizations must learn how to create an environment that stimulates creativity, while wrapped in a super structure of compliance. Companies can no longer make business decisions; they must make risk management decisions. Previously, that was true for big businesses, but today, government targets smaller businesses. Ms. Chinnici - Zuercher asked what could be the role of elected officials in this environment Mr. Hutter responded that municipalities focus on their tax revenues, but where do these revenues come from? The economic engine that drives the system is people and their earning power. It is essential that there be a spirit of cooperation between business and government that has typically not existed in the past. Mr. Reiner stated that universities thwart that effort. Their systems actually slow students down, integrate them appropriately, and make them "compliant." Mr. Hutter agreed. Initially, they approached The Ohio State University with these concepts. However, the product of large universities is different, and they are measured differently among their peers. They compete in an international environment. There is actually more opportunity with smaller universities. Columbus State and Franklin University are interested and already have programs that are integrated into business and the community. Ms. Chinnici - Zuercher stated that Council needs to look at doing business differently than what is done currently. Today, the City approaches businesses about expanding their workforces, yet it seems that their workforces will decrease and never return to the highest levels. Unfortunately, the City is not involved in discussions with the businesses regarding their reorganization needs. A reduction in the workforce of its businesses means it will be necessary for the City to have twice the number of businesses to maintain the current tax base. The City needs to find a different way to interact with its businesses. Mr. Hutter responded that an integrated approach will be necessary for the health of the community at large. Mr. Gerber stated that it is government's role to maintain an even playing field, but also to facilitate a different approach -- not through regulations, but through more understanding and dialogue. Many companies do understand the trend and are training their employees and engaging in "right sizing," but many times they are limited by government which stands in their way. That isn't a major issue in Dublin, but the City needs to determine how to facilitate their efforts. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting April 26, 2010 Page 3 Ms. Chinnici - Zuercher stated that research indicates that the more young people are engaged in their community, the more likely they will remain in the community. A holistic approach is needed. Mr. Keenan noted that due to the entrepreneurial discouragement and capital drain in the north, companies will often move south where the tax liabilities are lower. Mr. Gerber stated that a good place to start is in partnerships with the local high schools and colleges. Mayor Lecklider thanked Mr. Hutter for his presentation and the very interesting discussion. Council would like to consider him a resource for future discussions. Mr. Huffer stated that he would be available for future discussions. (At this point, Council took a five- minute recess.) Mayor Lecklider called the regular meeting to order at 7:00 p.m PLEDGE OF ALLEGIANCE Vice Mayor Salay led the Pledge of Allegiance. ROLL CALL Present were Mayor Lecklider, Vice Mayor Salay, Mrs. Boring, Ms. Chinnici - Zuercher, Mr. Gerber, Mr. Keenan, and Mr. Reiner. Staff members present were Mr. Foegler, Ms. Grigsby, Mr. Smith, Mr. McDaniel, Mr. Hahn, Mr. Harding, Mr. Tyler, Mr. Thurman, Ms. Crandall, Mr. Hammersmith, Mr. Earman, Ms. Puskarcik, Ms. Ott, Ms. Nardecchia, Ms. Adkins, Ms. Cox, Mr. Banchefsky, Mr. Somerville, Mr. Whittington and Lt. VonEckartsberg. APPROVAL OF MINUTES The approval of the April 12, 2010 Regular Meeting minutes was deferred to May 10. SPECIAL PRESENTATIONS /PROCLAMATIONS • Arbor Day— Friday, April 30 Mayor Lecklider presented a proclamation to Mr. Hahn, Director of Parks and Open Space, proclaiming Friday, April 30, 2010, as "Arbor Day" in the City of Dublin. Mr. Hahn stated that the 2010 Arbor Day ceremony will be held at on Friday afternoon, April 30'", at Scottish Corners Elementary School. Mayor Lecklider inquired the standard that a city must meet to be designated as a 'Tree City USA." Mr. Hahn responded that the city must have dedicated funding for trees, and a Board of Review which oversees the program. This is a recognition Dublin has achieved for 22 consecutive years. CORRESPONDENCE There was no correspondence requiring Council action CITIZEN COMMENTS Wallace Maurer, 7451 Dublin Road stated that at the previous two Council meetings, he had imagined that he had replaced the current City administration as the Emperor of Dublin, and that all projects for the City were subject to his review and approval. As Emperor, he would have rejected a project approved by Council three or four meetings ago. At the last meeting, he had placed all this within the context of the last presidential election, during which there was one candidate whose primary talking point involved two Americas — one of the infinitely wealthy and one of the poor. If he were Emperor of Dublin, the project he would have rejected is the Midwestern Auto Group (MAG) expansion, which includes an additional model along with its existing inventory of European upscale vehicles. The glass, four -story expansion, which resembles a "crystal cathedral' for the worship of upscale cars, includes a penthouse suite for the owner. He was also struck with the recognition the City has received as one of the Top 7 Intelligent communities on the planet. This "crystal cathedral' could instead become a global center for the consideration of the art and design and role of automobiles. Surely a smart city RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting April 26, 2010 Page 4 with an innovative center and a powerful push to explore and lead would have required something more consistent with innovation. LEGISLATION INTRODUCTION /FIRST READING — ORDINANCES Ordinance 16 -10 Amending Sections 150.230 and 150.231 of the Dublin Codified Ordinances (Building Regulations) Regarding Property Maintenance. Vice Mayor Salay introduced the ordinance. Ms. Chinnici - Zuercher stated that this Code has been updated on a three -year cycle. Was there a reason that did not occur in 2006? Mr. Tyler responded that he is not aware of a reason; it was probably an oversight. The Building Code is updated on a similar cycle. Vice Mayor Salay referred to Item #2 - "Historic District," which states that "historic structures built before March 1, 1959 are listed as National Register Historic Structures exempted from the Code unless deemed a serious hazard to the health, safety or welfare of the occupants." Is consideration given to nearby residents or pedestrians passing by, or does it address strictly the occupants of the building? Mr. Tyler responded that it addresses only the occupants of the building. Mrs. Boring asked if the Code Enforcement division is responsible for enforcement because it states that for the purposes of this Code section, the Code Official shall be the Chief Building Official of the City of Dublin. Mr. Tyler responded that it was considered important to have an individual with certifications be responsible for the ultimate enforcement of the Code. However, the Code Enforcement division, which is located in the Division of Land Use and Long Range Planning, will carry out the actual enforcement of this Code on site. Mrs. Boring asked if a resident has a problem, must they contact the Chief Building Inspector, and is he the individual who must go out to the site. Mr. Tyler responded that although he would ultimately be responsible for the enforcement, staff from the Code Enforcement division would make the inspection. Mrs. Boring asked if a problem has been identified, is it possible to visit the property without the owner's permission? Mr. Tyler responded that she is referring to "right of entry." The owner must be contacted in advance and permission for access obtained. The Code specifies the process. Mrs. Boring asked what action is possible if the owner denies access yet it is visually obvious that there is a problem. Mr. Tyler responded that the City would need to seek some type of injunctive relief. Mr. Smith confirmed that would be necessary. Mrs. Boring asked about the time permitted for the owner to address the complaint. On page three, the language states "reasonable amount of time to make repairs." What is defined as "reasonable ?" Mr. Langworthy responded that Code Enforcement uses standard periods of time. Typically, the response times are based upon the complexity of the issue to be addressed. The letters of citation state that if more time is needed than that specified in the letter, the owner should contact the City, and the City and the property owner would discuss a more reasonable time. Otherwise, the time indicated in the citation will remain valid. Mrs. Boring asked if that time frame is not met, is the case heard in Mayor's Court? Mr. Langworthy responded affirmatively. There will be a second reading /public hearing at the May 10 Council meeting. Ordinance 17 -10 Authorizing the City Manager to Enter into an Agreement with Washington Township to Provide Communication Services for the Washington Township Fire Department. Mr. Gerber introduced the ordinance. Mr. Somerville stated that this is a request to renew the agreement with Washington Township to continue to provide dispatching services, 911 answering services, and maintenance and programming services. The only addition is a $14,000 charge that will RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting April 26, 2010 Page 5 be included in annual installments for use of and access to the new Public Safety radio system that the City built in conjunction with Delaware County and the City of Worthington. There were no questions. There will be a second reading /public hearing at the May 10 Council meeting. Ordinance 18 -10 Amending Ordinance 60 -09 to (A) Clarify the Terms of Certain Economic Development Incentives Heretofore Provided to Delta Energy Holdings, LLC, (B) Authorize the Execution of Amendments to the Related Real Estate Purchase Contract and Economic Development and Tax Increment Financing Agreement, and (C) Modify the Real Property Subject to the Tax Increment Financing Provisions of Ordinance 60 -09. Mr. Gerber introduced the Ordinance. Mr. McDaniel stated that the applicant, Ms. Tackett, President and CEO of Delta Energy, is present to respond to any Council inquiries. In November 2009, Council approved Ordinance 60 -09 for the purpose of attracting the Delta Energy headquarters to Dublin. That ordinance authorized three agreements — a real estate purchase agreement, an economic development agreement, and a tax increment financing agreement. Delta Energy now desires to reduce the footprint of the land that they originally intended to purchase from 4.42 acres to approximately 2.9 acres. They would then have a two - phased project on that site. That would leave a residual acreage on the site of approximately 1.7 acres. Current market conditions are not favorable to their original building intentions. The change in acreage and the potential lot split triggered the need for several changes in the agreements. Those changes are highlighted in the staff report. The City -owned site is at the corner of Emerald Parkway and Perimeter Drive. It is a residual piece that the City purchased along with the property acquired to build the Emerald Parkway bridge over State Route 161. A minimum building size of 20,000 square feet and maximum of 35,000 square feet for this site was set. Delta still desires to construct a 20,000 square foot facility with the potential for a future expansion of up to 8,000 square feet. The original plan provided for a 10,000 square -foot reflection pond; the revised plans call for this to be a storm water retention pond. The City will retain the storm water retention pond at the corner of Perimeter Drive and Commerce Parkway. The intent is to build a future roundabout in this location. The park -like amenities Delta had originally planned will remain; the parking spaces have been reoriented; the City will retain the property; the storm water retention will be installed as originally planned and shared, as well as the bikepath and guardrail; and the building will be LEED certified. In summary, the proposed changes will move the proposed facility to the east on a smaller amount of acreage. The acreage will be lot spit; this will leave about 1.7 acres. Planning staff believes this will permit approximately 12,500 square feet per acre to be built. Staff proposes that if both of these are built, a maximum of 10,000 square feet per acre would be built due to the odd shape, setbacks, and desired continuity to the park across the street. Therefore, the maximum building size for the entire site would be 52,000 square feet. Vice Mayor Salay stated that she does not understand the second phase on the current event lawn piece. Is that a second building or is it an addition to the first building? Mr. McDaniel responded that it would be an addition to the first building. Mr. Keenan stated that there will be 1.7 acres remaining in the residual. What will occur with the retention pond to the north? Mr. McDaniel responded that the retention pond will remain. The building may not be oriented on the site as depicted in the concept. It could be oriented differently. Mr. Keenan asked who owns the retention pond to the north. Mr. McDaniel responded that the City will retain the retention pond for the purpose of collecting the storm water runoff from the roundabout and from the area across the street. Mr. Keenan asked the total acreage that Delta Energy would be purchasing. Mr. McDaniel responded that it would be 2.9 acres. Mr. Keenan inquired if Delta has an option on the other piece. RECORD OF PROCEEDINGS Minutes of Dublin City Cou Meeting April 26, 2010 Page 6 Mr. McDaniel responded that the agreement provides them with a three -year option /right of refusal. Vice Mayor Salay asked for the timetable for construction of the first building. Mr. McDaniel responded that Delta's goal is to have construction completed and occupancy of the building by March 2011. Mr. Keenan stated there appears to be a large amount of parking space depicted for this building. The required ratio of parking to building square footage was discussed by Council recently, as there are several buildings in the City that will never utilize all the parking area they were required to construct. Has this been considered? Mr. McDaniel responded that the Planning Department reviewed the plan and determined that the calculated space is appropriate for the square footage that will be built. Mr. Keenan asked if the Code requirement concerning the parking to building ratio is being revisited by staff? Mr. Gerber stated that this subject has been under discussion for three years. It would be preferable for buildings to have more greenspace than parking space. Perhaps Delta could build sufficient parking to meet its current needs with an agreement that if additional parking space is needed in the future, they would be required to expand the parking area at that time. Mr. McDaniel responded that staff would review this site again, and if it is determined to be practicable, staff would consider that option. Vice Mayor Salay stated that this is a planning issue. This business is aware of the amount of employees and anticipated clients for the site, and therefore would have a good sense of the parking spaces they will need. Perhaps they could be provided some flexibility, rather than initially building all the parking spaces the Code requires. Mr. McDaniel responded that Ms. Tackett has just indicated that she would prefer more greenspace. Staff will work with Delta to modify the calculations. Vice Mayor Salay clarified that Council is not advocating any disregard of the Code. Mr. Keenan stated that Council has had a philosophical discussion previously regarding the problems associated with large, asphalt surface areas. Ms. Chinnici - Zuercher stated that it has been three years since Council requested that staff update this formula. Council had also requested that alternatives to asphalt be considered, such as bricks with grass growing through them. Alternatives are being used in some cities. Within what timeframe could draft legislation be forwarded to Council? Mr. Foegler responded he was not aware that these topics had been assigned to Administration, as it was likely before his tenure. However, staff has just indicated to him that draft legislation has been prepared. If Council desires, that could be scheduled for a Council meeting within 30 to 60 days. He agrees that off - street parking requirements in most cases are excessive and err on the side of highest peak possibilities. He strongly supports the notion of permeable parking surfaces. Would a 30 -60 day timeframe for legislation be acceptable? Mr. Gerber responded that would be fine. The Planning and Zoning Commission reviewed draft legislation approximately three years ago. He would like the Planning Commission to have a second opportunity to review it. Ms. Chinnici - Zuercher stated that she would prefer that Council review draft legislation prior to the P &Z review. Mr. Foegler responded that a schedule for moving the legislation forward would be provided to Council at their next meeting. Mr. Reiner stated that he assumes the applicant would be permitted some leeway. All the details, such as tree locations, are not finalized at this time. Mr. McDaniel responded that at this point, it is a concept plan. It was previously reviewed by the Planning and Zoning Commission to obtain their input, but will be formally reviewed by the Commission on May 2&. Mr. Keenan asked if the reflecting pool is a dry area RECORD OF PROCEEDINGS Minutes of lim -City Council April 26, 2010 Page 7 Mr. McDaniel responded that it will be wet. There will be two lakes on the site. Vice Mayor Salay asked where Delta Energy's headquarters are currently located. Mr. McDaniel responded that they are located on Federated Drive in Columbus. There will be a second reading /public hearing at the May 10th Council meeting. INTRODUCTION /PUBLIC HEARING — RESOLUTIONS Resolution 26 -10 Authorizing the Regulation of Traffic on Muirfield Drive and Other Roads in Muirfield Village and Waiving Certain Provisions of the Dublin Sign Code and Noise Ordinance in Conjunction with the Annual Memorial Tournament. Vice Mayor Salay introduced the resolution. Lt. VonEckartsberg stated this resolution is brought to Council each year prior to the Memorial Tournament. Its purpose is to help City staff regulate traffic and parking, and it extends the hours for dumpster pick up during Tournament week. This year, staff is also requesting authorization to create temporary fire lanes on Strathmore Lane and Dunsinane Drive on the fire hydrant side of the private roadways. There were no questions. Vote on the Resolution Mrs. Boring, Mr. Keenan, yes; Mr. Reiner, yes; Vice Mayor Salay, yes; Mr. Gerber, yes; Mayor Lecklider, yes; Ms. Chinnici - Zuercher, yes. Resolution 27 -10 Accepting the Lowest and Best Bid for the Pavement Marking Services Project. Mr. Gerber introduced the resolution. Mr. Hammersmith stated that this is a request to approve the bid for a new three -year contract for provision of these services. The budget for this program is $100,000. The lowest/best bidder was Griffin Pavement Striping with a bid of $98,957.58. This company has satisfactorily completed several previous projects for the City. Mr. Keenan asked if this project is too specialized for a reverse auction. Mr. Hammersmith responded that it is not necessarily so, but there is a limited pool of bidders. This is a one -year contract with two, one -year renewals. An attempt is made to maintain the budget at approximately $100,000 /per year. Mayor Lecklider asked Mr. Hammersmith the number of lane miles of pavement in the City. Mr. Hammersmith estimated that the City has between four and five hundred miles of pavement. Vote on the Resolution Mayor Lecklider, yes; Mrs. Boring, yes; Vice Mayor Salay, yes; Mr. Reiner, yes; Mr. Gerber, yes; Mr. Keenan, yes; Ms. Chinnici - Zuercher, yes. Resolution 28 -10 Accepting the Lowest and Best Bid for the Metro Place North and South Bike Path and Street Light Improvements Project. Vice Mayor Salay introduced the resolution. Mr. Hammersmith stated this is a long- awaited project. Over the years, acquisition of property within this area has occurred to construct a bikepath. The intent is to replace the AEP fighting within the area with City -owned and maintained street lighting. The project also includes the resurfacing of Metro Place North, which will be funded from the Street Maintenance funds. The Engineer's estimate for the combined project was $1.3 million dollars. Six bids were received for the project. Columbus Asphalt Paving submitted the lowest/best bid. The City has had previous satisfactory experience with this company. There will be a communication plan in place to provide information to the various businesses regarding the construction cycle, sequencing and assurance of access. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting April 26, 2010 Page 8 Construction will not commence until after the Arthritis Foundation Classic Auto Show, July 9 and 10, and construction will be temporarily halted during the Dublin Irish Festival. Mrs. Boring asked if access would also be assured during the Can Am Games, which immediately follow the Irish Festival. Many visitors to the City are expected during the week of that event. Mr. Hammersmith responded that staff would do their best to ensure access during that event. Vice Mayor Salay asked if the communication plan is to contact each individual business or the building management. Mr. Hammersmith responded that they would work through the Economic Development division to contact each of the businesses in that area. Messaging will occur via many methods. Vice Mayor Salay asked if the street lights would be new or replacement lights. Mr. Hammersmith responded that they would be new. Currently, AEP provides the street lighting. They will be replaced with lighting that meets Dublin standards, with bronze poles and cam lighting, similar to that on Emerald Parkway and other arterial streets in Dublin. Vice Mayor Salay asked about the height of the light poles. Mr. Hammersmith responded that the poles are 35 feet in height. Vote on the Resolution Ms. Chinnici - Zuercher, yes; Mr. Keenan, yes; Mayor Lecklider, yes; Mrs. Boring, yes; Vice Mayor Salay, yes; Mr. Reiner, yes; Mr. Gerber, yes. OTHER Request for Permission to Serve Alcohol in Coffman Park for Can Am Games — Special Event Council Joel Campbell, President, Dublin Special Events Council noted that the Special Event Council was created to serve as the local organizing committee for the 2010 Police and Fire Canadian American Games, which will be held in Dublin in August. The Special Events Council is requesting Council's permission to sell beer only during the opening and closing ceremonies of the event, which takes place over one week. During the Irish Festival, a tent is erected in the southernmost part of Coffman Park. After the Festival, the tent will remain in place and their organization will rent it for use during the Can Am Games. Although the opening event will be open to the public, the closing event will be for Can Am Games participants, their families and workers only. Washington Township, the principal funding sponsor of the opening ceremony has provided Dublin with a letter of support for this request. Dublin Police and Washington Township Fire Department are supportive, as well. Mr. Reiner asked if the 400 community volunteers needed for this event have been secured. Mr. Campbell responded that the process is currently underway. Mr. Keenan stated that for the Irish Festival, training is provided for volunteers who will be serving alcohol. Mr. Campbell responded that they have spoken with the Police division. It is his understanding that they are willing to provide that training to the volunteers for this event. The Police will also provide the necessary security for the area, which is part of the liquor permit requirements. Vice Mayor Salay asked if volunteers would be serving the beverages. Mr. Campbell responded affirmatively. Mr. Keenan moved to approve the request to serve alcohol in Coffman Park during the Can Am Games. Mr. Reiner seconded the motion. Vote on the motion Mr. Keenan, yes; Mayor Lecklider, yes; Mr. Gerber, yes; Vice Mayor Salay, yes; Mrs. Boring, yes; Ms. Chinnici - Zuercher, yes; Mr. Reiner, yes. RECORD OF PROCEEDINGS Minutes of Dub lin City Council April 26, 2010 Page 9 • Recommendation re. Site for Dublin Road Water Tower Mr. Hammersmith stated that staff is presenting a report with the recommendation for a site for the water distribution improvement known as the Dublin Road water tower and is seeking direction from Council. Two public involvement meetings have been held — one in January and one in March. Staff is aware that this is a difficult decision for Council, and staff has worked to remain objective throughout this process. This improvement was anticipated as needed in 2018 through modeling. As part of the capital improvements program discussions last year, staff was asked to advance this project in the CIP in order to obtain the benefits in pressures and fire flows at an earlier date. The site selection was advanced, working with EMH &T consulting engineers. Ms. Cox, Engineering Manager for Design and Utilities will present the report. Staff will seek direction from Council regarding the site recommendation on May 10, allowing time for further study and consideration if desired. Ms. Cox provided a summary of the modeling and technical information related to the project, as outlined in the staff report. She reviewed the improvements to the system already underway to address deficiencies. The last needed improvement on the list at this time is the elevated water storage tank needed in the Muirfield Dublin Road /Glick Road area. The adopted Community Plan includes a water service area map, indicating the various improvements needed and potential locations. She noted that Dublin is actually served by several pressure districts — Henderson, Post Road, Smoky Row and Tartan districts. The largest district is the Post Road district, which currently is served by the Avery Road /Post Road tank and will be served by the Darree Fields tank when it comes online. It is also served by the booster stations on Post Road and Brand Road. She noted that the piping system over a long distance from the Avery Road tank cannot push the water this far to provide the pressures needed in the Dublin Road /Glick area. In the CIP discussion in 2009, the preferred tower location was identified as the Muirfield parking lot along Dublin Road, owned by the Muirfield Village Golf Club. Staff retained EMH &T to assist with preliminary engineering for the project. Public meetings were held in January and March of 2010, and the public comments received at the meetings were included in the materials provided to Council. There were a total of eight sites considered for the water tower placement, and she described the various options and why they would not be feasible or optimal sites for the new tower — based upon modeling. From a technical perspective, a water tower located on Sites 2, 5 (A, B or C) or 8 would provide the improvement needed to alleviate the water pressure and fire flow deficiencies in water distribution. At the public meeting, in considering the Muirfield parking lot site, the discussion focused on where on the property the tank could be located. Staff worked with EMH &T to develop three potential Site 5 locations, A, B and C. The estimated costs for these are: Site A, $2.5M; Site B, $27M, and Site C, $2.4M. For all of these sites, the tank would be approximately the same height of 200 -210 feet high. In regard to access, the City of Columbus needs access to the water tower two to three times per month. This tank site will not be used for a storage facility. Dublin's staff would do regular maintenance, including mowing and landscape. A cell tower wireless communication will be placed on this tower, and so access will be needed for them to maintain the equipment. Staff would propose fencing the site in order to maintain security. The tower lighting will include a light at the access door and the FAA required lighting at the top of the structure. Landscaping installed will depend upon which site is picked, and can be minimal or to the level Council desires. Another question from residents is how this tower will compare with the height of the cell tower that exists near the Bogey Inn and with the height of other tanks. This tower will be higher than the other tanks, due to the elevation of the land. The proposed tank will be approximately 214 feet high, while the Avery Park tank is 176.5 feet in height, and the Tartan tower is 137 feet in height. The elevation of the land at Avery Park tank is 40 feet higher than this Muirfield Parking lot site. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting April 26, 2010 Page 10 Staff is recommending the single pedestal, spheroid style of tank, as it has a smaller footprint and a smaller silhouette. She shared photos of the existing tanks and the paint colors and graphics. She also shared photos of various tank graphic designs from throughout the area. Staff recommends moving forward with site acquisition for the Muirfield Parking lot Site B. Based on modeling, it does alleviate system deficiencies anticipated in the future; has easy access; appropriate outlet for drainage; and is cost effective. It is in an area of commercial development and is adjacent to a treed area, which could be preserved as a buffer for the residents and to screen the tank itself. Mrs. Boring asked if there is any need foreseen for a second water tower at Avery Park. Ms. Cox responded that none of the modeling done to date indicates a need for a second tank in that location. Ms. Salay asked if this is the last water tower needed, according to the modeling. Mr. Hammersmith responded that is correct. Mr. Keenan asked what the total storage capacity is with all of the tanks and the daily demand. Mr. Hammersmith responded approximately 7 million gallons of storage capacity exists, and the daily demand is between 4 -6 MGD. He can confirm these numbers for the next meeting. Mrs. Boring asked if staff is requesting that Council confirm the site selection tonight. Mr. Hammersmith responded that staff had anticipated Council would have questions and feedback after this presentation, and therefore that direction could be given on May 10. Mrs. Boring asked at what point a balloon can be flown at the recommended site, similar to what was done previously in the City. Mr. Hammersmith responded that once a site preference is established, Council may want to seek feedback from the residents about aesthetics. One safety challenge a balloon at the Dublin Road site B would be the proximity of the cell tower. Mrs. Boring stated that having a balloon tethered on the site at the height of the tower would provide a visual. Mr. Reiner stated that he believes the Engineering staff and consultants have selected an appropriate site, and that they have worked closely with the residents throughout this process. Staff worked to address all of the residents' questions, and provided technical information to support their recommendations. He thanked the Muirfeld residents who were very understanding of the importance of the water tank in providing good fire protection. The neighborhood was very supportive of finding the best location for the tank to serve the community. Mayor Lecklider noted that staff had indicated that appraisals for the land for the project have not been done. Is the land need for the tower approximately four acres of land? Mr. Hammersmith responded that Site B is 3.9 acres as shown and includes the wooded area, which would not be necessary to acquire. Approximately 1 -1/2 acres is needed for the parking area and the tank footprint itself. The three sites on the Muirfield parking lot are generally equivalent in terms of value, although appraisals have not been done. Some of the costs for the other sites would vary, depending upon their commercial or residential use. Mayor Lecklider asked if sites A and C on the Muirfield parking lot site would require four acres of land to be acquired. Mr. Hammersmith responded that those are approximately 1.6 acres each, which is a minimum size. The 3.9 acres was shown for Site B, which included the wooded area. It is Council's discretion of whether to include the wooded land in the acquisition. Mayor Lecklider asked if Council ultimately decided on site B, would they have a desire to have an appraisal done, and would including the wooded area affect the decision about the site? RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting April 26, 2010 Page 11 Mrs. Boring responded that acquiring the wooded site makes sense, as the City could control it and it would buffer any pavement needed around the site for parking. Mr. Keenan stated that the compelling argument is the slide demonstrating the number of residents impacted by the various locations considered. He recalls that there was much angst in the community at the time the Blazer tower was built, but after it was in place, there were no more concerns expressed. He added that having an appraisal would not impact his decision. Mr. Reiner stated that Site B has some benefit in that it is notched back into the wooded area. Mayor Lecklider asked if Council is interested in having a balloon floated at the site, assuming that can be done safely, and if there is adequate time between now and May 10 to do so. Mr. Hammersmith responded that staff has not discussed this with any vendor, and it may depend upon how quickly they could mobilize. There is no rush in terms of site selection from the staff perspective — it can actually be done in June. Mr. Reiner asked if the City has the ability to use eminent domain to acquire this land. Mr. Hammersmith responded affirmatively. Ms. Chinnici - Zuercher stated that she is interested in the City acquiring the wooded area. She sees no value in delaying the site decision, which will give clear direction to staff and to the residents. If it is important to float a balloon, and if this can be done prior to May 10, that would be fine. The decision can then be made on May 10. Mr. Keenan stated that he concurs. Council should give direction to move forward with having the balloon on the site so that a decision can be made on May 10. It was the consensus of Council to proceed as suggested. Mayor Lecklider stated that Engineering staff should make the arrangements for the balloon and use all the City's communication channels to share this information. Mayor Lecklider invited public testimony, noting that many have already submitted written comments at the public meetings held previously. Wallace Maurer, 7451 Dublin Road noted that he gathers that if the residents near the proposed tower had a choice about the tower being built near their homes, they would choose not to have a tower. He can suggest a way for them to avoid having the tower, noting that all things have a cost. Water towers are the most unused means of communication or of affecting the spirit or feel /character of the society. The water tower on Blazer Parkway houses the fire department and is one of a very few in the country that house a fire engine. There are untapped possibilities for use of water towers. He has seen very moving photos of the interior of the Blazer tower — including a winding staircase lined with artistic enhancements. This is one example of something that can be done with water towers. Interior possibilities are for a neighborhood gathering place. One could build offices and residences around the water tower. Artists would have liked to have placed artwork on the towers. He asked that Council involve the Dublin Arts Council in these possibilities. He believes that Mt. Rushmore could be outdone by portraits of important local figures on water towers. Dennis Adams, 5256 Arvshire Drive stated that staff has done an outstanding job. They have been open, provided clear information, and he appreciates the opportunity to be involved in the process. He is pleased that Site B was chosen for aesthetics reasons. In reviewing the values, it seems the site behind the Morgan House offers some improved performance for the valuation. The individual's information in the report about the radius of influence of the project was very helpful. While he does not really want a tower in the Muirfield parking lot, the choices are much better than the original sites proposed. RECORD OF PROCEEDINGS Minutes of Dublin City Council MeetinP April 26, 2010 Page 12 Mayor Lecklider thanked staff for the presentations, noting that Council will discuss this matter again on May 10. He asked that Council Members retain their binders for the water tower for the next hearing on May 10. Request to remove Ordinance 42 -09 from table and schedule for hearing on May 10, 2010 [Ordinance 42 -09 - Amending Section 153.002 and Creating Section 153.099 of the Dublin Codified Ordinances (Zoning Code) regarding Outdoor Seasonal Plant Display and Sales. (Case 09- 045ADM)] Mr. Smith stated that staff has been working to resolve some remaining issues and requests that the ordinance be scheduled for hearing on May 10. Mr. Keenan moved to take Ordinance 42 -09 from the table and schedule it for hearing on May 10. Mr. Gerber seconded the motion. Vote on the motion: Mr. Reiner, abstain; Vice Mayor Salay, yes; Mrs. Boring, yes; Mayor Lecklider, yes; Mr. Keenan, yes; Ms. Chinnici - Zuercher, yes; Mr. Gerber, yes. STAFF COMMENTS Mr. Foegler reported: 1. The Administration has been working with Century Golf, the firm hired by the receiver to operate the Golf Club of Dublin. Century has offered to have a representative attend a Council meeting to discuss any concerns as well as their near term plan for operations. They have met with the Ballantrae Residents association, and are willing to meet with Council as well. 2. Brower Hatcher, bicentennial public artist will return to Dublin on Monday, May 3 to meet with residents at 7 p.m. at the DCRC. In addition, Mr. Hatcher will meet with students from Scottish Corners and with seniors from the DCRC during his visit. COUNCIL COMMITTEE REPORTS /COUNCIL ROUNDTABLE Ms. Chinnici - Zuercher: 1. Reported that she attended one of the City's volunteer recognition programs last week. Many teens were in attendance, and it demonstrates that Ms. Nardecchia has done an excellent job in engaging teens in the Dublin volunteer program. 2. Noted that she was asked to participate in a conference call sponsored by the National League of Cities and the HandsOn Network nationally to discuss the Cities of Service initiative. There were 70 members of the NLC who participated in the call to learn about what cities have done with this initiative. Ms. Nardecchia had provided her with an update to the September report to Council, and Ms. Nardecchia will be bringing a more comprehensive update regarding Cities of Service in May. Mrs. Boring: 1. Congratulated Mr. McDaniel and staff for the Dublin Entrepreneurial Center open house, which was very well attended. 2. Noted that she attended the luncheon with the seniors as part of the volunteer recognition. It is wonderful to have so many seniors involved in volunteering. 3. Noted that she has several zoning issues to bring to the table. Several years ago, the Board of Zoning Appeals proposed that model home permits be handled administratively to streamline the process. She suggested that Council direct staff to bring Council whatever legislation is appropriate to have the model home permits handled administratively versus by the BZA. Vice Mayor Salay expressed support, assuming the model home in question is in compliance with the regulations. Mr. Langworthy noted that a standard set of requirements has been developed for model home permits, and this is built into the approval process with BZA. Mrs. Boring moved to direct staff to bring legislation to Council to have the model home permits handled administratively and not by BZA. Mr. Gerber seconded the motion. Mayor Lecklider asked what brought this to the forefront at this time. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting April 26, 2010 Page 13 Mrs. Boring responded that this discussion occurred at a joint meeting with BZA several years ago, and was never resolved. Ms Chinn ici-Zuercher noted that she has observed that these permits generally fall under the consent agenda of the BZA meetings, indicating they are a routine matter. Mayor Lecklider asked if Council desires that BZA give this some consideration prior to directing staff to bring legislation to Council. Vice Mayor Salay stated that she would support having BZA weigh in on this matter. Mr. Langworthy noted that a BZA meeting is scheduled on April 29, and staff will bring this matter to their attention at that time. Vote on the motion: Ms. Chinnici - Zuercher, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr. Keenan, yes; Mr. Gerber, yes; Vice Mayor Salay, yes; Mayor Lecklider, yes. Mrs. Boring continued: 4. She has concerns with accessory structure size being based on a percentage of the footprint of the house. Several years ago, Council had discussed accessory structure size being based on the percentage of lot coverage. For a large lot, the accessory structure would not have much impact on the neighboring residence. A recent case involved a lot of 2.5 acres and the accessory structure size was based on the footprint of the house. Many of the older properties in Dublin are large land masses, with smaller houses than those built today. How many times has a variance been heard regarding the size of the accessory structure in relation to the percentage of the footprint of the house? Mr. Langworthy responded that he can recall four such cases during his tenure with the City. Mrs. Boring asked if staff presented information regarding those cases where variances were granted as part of the recent case presentation at BZA. Mr. Langworthy responded that, typically, the history of past cases that are similar in nature are presented and are included with the packet. Mrs. Boring suggested that staff look into having an accessory building based on scale to the land. Mr. Foegler clarified that she is suggesting that for larger parcels, there might be some other criteria or ability to vary the size of accessory buildings as opposed to the normal lot coverage restrictions that would apply. Ms. Salay stated that it is not only lot coverage, but a percentage of the existing principal structure. The accessory building would be proportionate with the lot versus proportionate with the existing structure on the large lot. Mr. Foegler asked if Council would like staff to consider bringing forward some potential amendments to address the issues for larger parcels. Council agreed. Ms. Salay added that she would like to see the pros and cons as well — understanding the worst case scenario that could occur with this change. Ms. Chinnici - Zuercher noted that she was present at BZA for the hearing on the case referenced. There was no verbal presentation by staff of the historical information about variances. The structure is located along the Scioto River and the property is very treed. The accessory structure was disapproved. However, a 3-4 garage accessory structure was approved on SR 745 in River Forest, just across from Amberleigh North. The basis for approval is that it was attached to a house. It seems inconsistent with the intent of the Code — addressing the location and proportionality of a home. Mr. Langworthy stated it is a quirk in the Code, which treats detached differently than attached structures. Ms. Chinnici - Zuercher stated that this needs to be reviewed immediately. This will only continue because of the size of homes, the large lot sizes, and the increasing storage needs of residents. RECORD OF PROCEEDINGS Minutes of D ublin City Council Meetine April 26, 2010 Page 14 Mr. Gerber agreed, adding that much of Dublin's Code was written as neighborhoods were first being developed. Much of this was not contemplated at the time. In addition, residents are remaining in Dublin and want to improve their homes with such structures. He would like to see the City be proactive in this area, and asked that staff provide a report of other items to consider. Perhaps P &Z could be assigned the task of reviewing these items. Mrs. Boring asked that the amendment for accessory structures be drafted as soon as possible. Mr. Langworthy responded that staff can have these amendments to P &Z by their May 20 meeting. Mrs. Boring continued: 5. Noted that she received a letter, which she has copied to Council, from a realtor who seems to be inducing some panic for property owners in relation to the final phase of Emerald Parkway. She provided a brief history, noting that several years ago, the citizens on Jenmar Court approached Council regarding purchase of their properties on Jenmar Court, given the uncertainty of future land acquisition for Emerald Parkway. She asked that staff address this matter, and perhaps contact the residents to clarify the future plans for this area. Perhaps the City should be more cautious when having appraisals done for land acquisition in anticipation of future projects. Mr. Foegler responded that this letter is reflective of an emerging "cottage industry" in anticipation of eminent domain and other kinds of actions. With regard to this particular case, the appraisals for these properties have just been completed. At the next meeting, staff will be prepared to indicate the process recommended, which will include meeting with the residents at an early stage, making them aware of how the process is likely to move forward, and sharing with them the right -of -way plans and accurate information. Mrs. Boring stated that her concern is that if the City is not communicating with the residents, some may panic and seek appraisals that are not necessary. Mr. Foegler stated that staff can reach out to these residents immediately. He asked today that an exhibit be assembled that reflects comprehensively all of the right -of -way information and property lines. Staff can put together some information immediately to share with the residents. He added that meeting with the residents in a forum which allows them to ask questions is also important. Mrs. Boring added that she is more concerned with those property owners not directly impacted by the project, and the fact that this letter implies that other properties will be negatively impacted as well. Vice Mayor Salay stated that this letter from the realtor is obviously an attempt to market his services through fear tactics. Ms. Chinnici - Zuercher commented that ReMax Realtors on Sawmill Road, Suite 210 owes an apology to the City of Dublin for writing this letter and trying to induce panic among residents. For years, the City has been in communication with the property owners regarding the future development of Emerald Parkway. Mr. Smith noted that once the City commits to construct Emerald Parkway Phase 8 at a certain time, the City cannot discuss financial issues, as this could involve eminent domain. The City can circulate information that is accurate, however. Mr. Foegler added that the key message to share is that the City's anticipation is not to proceed with eminent domain for this project in the foreseeable future. Mrs. Boring summarized that staff should contact the ReMax Realtors office regarding this misinformation. 6. She thanked Ms. Crandall for including the information regarding opportunities for recycling of shoes on the website. The website is becoming more and more useful to residents. Mr. Gerber requested that as the City studies parking in the Historic District, the valet parking element be reviewed carefully. There are situations where a couple of restaurants are valet parking very close to their facilities, resulting in other drivers having to park up by the school. In addition, at certain times, some patrons of the veterinary clinic and other businesses cannot access their parking spots due to valets using the spots. RECORD OF PROCEEDINGS Minutes of Du blin City Council April 26, 2010 Page 15 Mr. Foegler responded that staff will provide a report with the entire series of near -term parking strategies for the next meeting, including the precise timeframes for on- street parking as well as the status of the other four or five initiatives. A report will be included in the next packet. Vice Mayor Salay. 1. Noted that on Friday evening, she welcomed the Altrusa International Service group to Dublin for their regional convention. They enjoyed their time in Dublin and even participated in a number of volunteer projects in Dublin on Saturday. 2. Asked about the Dublin Road South bikepath project and the current status. The public meeting was held regarding potential construction of a bikepath, and she has had a number of calls asking about the next step and timing. Mr. Hammersmith responded that he discussed this with Mr. McDaniel last week, and staff plans to return to Council soon with the results of that November meeting. Vice Mayor Salay asked if the public will have the opportunity to hear about the preferred alignment for the bikepath when it comes back to Council. Mr. Hammersmith responded that the report would include the preliminary alignment and comments received to date. Staff will seek further direction from Council at that time. Vice Mayor Salay asked if there is an estimated timeframe for this report. Mr. Hammersmith responded that he is hopeful of having this ready for a May Council meeting. Vice Mayor Salay asked that staff send out letters to the same group who were notified of the previous public meeting. Mr. Hammersmith agreed to do so. 3. Noted that Council has been asked to participate in a tour of the City with the Planning & Zoning Commission. She met with Ms. Amorose Groomes, P &Z Chair and discussed potential dates of Thursday, June 24 and Monday, June 28. She asked the Clerk to poll everyone for their available dates. A start time for the tour would be approximately 6 p.m. The Planning Commission members provided input to the Chair about what sites they would like to tour and the reasons why. She will send a similar questionnaire to Council Members, inviting them to participate and seeking suggestions of projects to be highlighted on the tour. This information can be given to staff in order to prepare for the tour. 4. Reported that the draft agenda for the Council retreat has been distributed tonight. The facilitator is proposing that Council focus on "big picture" ideas, and to have staff provide input on ideas /issues that rise to the top in the Council discussion. The retreat will begin promptly at 5:30 p.m. with dinner on Thursday evening and will be held at the Conference Center at OCLC. The retreat will continue on Friday from 8 a.m. to 4 p.m. Mrs. Boring noted that she has some concerns with the proposed agenda items for Thursday evening. She is not sure some of the proposed items are a beneficial use of time. Vice Mayor Salay stated that she had similar concerns. But she believes some of the items related to Council's comments regarding the need to celebrate success and accomplishments and therefore setting aside time to do so at the retreat. This provides such an opportunity. She doesn't expect this to be a lengthy agenda item. If others have input regarding the agenda, she asked that they contact her. Appointment of Acting Clerk of Council Vice Mayor Salay moved appointment of Judy Beal as Acting Clerk of Council for April 28 through May 4. Mr. Gerber seconded the motion. Vote on the motion: Mr. Keenan, yes; Mr. Gerber, yes; Vice Mayor Salay, yes; Mayor Lecklider, yes; Mrs. Boring, yes; Ms. Chinnici - Zuercher, yes; Mr. Reiner, yes. Mayor Lecklider: 1. Reported that he attended the Dublin Entrepreneurial Center one -year anniversary event and ribbon - cutting for the Green Integrator, along with other Council Members. Congratulations to Mr. McDaniel, staff and volunteers who participated in this exciting event. He was very impressed with the enthusiastic, bright people involved at the DEC. RECORD OF PROCEEDINGS Minutes of Dublin Ci ty Council Meeting April 26, 2010 Page 16 2. Noted that Mr. Gerber, Mrs. Boring and he attended a Boy Scout tree planting last week in Coffman Park. This was to commemorate the centennial celebration of the Boy Scouts of America, and they had contacted the City about planting a tree in a City park. There are approximately 1,200 scouts in the Dublin area, which is encouraging to hear in view of the many competing activities. 3. Noted that he represented Council and the City at the Third Annual African American Academic Excellence Awards program at Dublin Scioto High School. It was an exciting and inspiring event. He added that DSHS has selected a new principal, and Council will soon have an opportunity to meet him. 4. Commented that the packet included a letter from a resident regarding Mary Kelley's. He is disappointed with the misinformation contained in the letter, and asked if staff could prepare a draft response. He is most disappointed that the proprietors of Mary Kelley's are participating in circulating this misinformation. Because of this, it makes it difficult to find a resolution to this long- standing dispute. The proprietors apparently continue to misinform their patrons with respect to the history of the development and what the City's position has been. Mrs. Boring noted that some of the information was surprising, especially the fact that they had previously had the privilege of patio use. Is this accurate? Mr. Foegler responded that staff will research this matter and prepare a draft response for review. 5. Reminded Council that magistrate candidate interviews are scheduled for Wednesday evening, April 28 beginning at 6:00 p.m. Ms. Chinnici - Zuercher noted that she will not be able to attend, as she is speaking at a Dublin Foundation event that evening. ADJOURN TO EXECUTIVE SESSION Mayor Lecklider moved to adjourn to executive session at 9:21 p.m. for discussion of legal matters. Mr. Reiner seconded the motion. Motion carried unanimously. The meeting was reconvened and formally adjourned at 10:15 p.m. Clerk of Council