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HomeMy WebLinkAboutCouncil Minutes 08-23-2010 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK,INC..FORM NO.10148 August 23, 2010 Held 20 Mayor Lecklider called the Monday, August 23, 2010 Regular Meeting of Dublin City Council to order at 7:05 p.m. at the Dublin Municipal Building. PLEDGE OF ALLEGIANCE Mrs. Boring led the Pledge of Allegiance. ROLL CALL Present were Mayor Lecklider, Vice Mayor Salay, Mrs. Boring, Ms. Chinnici-Zuercher, Mr. Gerber, and Mr. Reiner. Mr. Keenan was absent (excused). Staff members present were Mr. Foegler, Ms. Grigsby, Mr. Smith, Mr. McDaniel, Mr. Hahn, Mr. Burns, Ms. Lozier, Ms. Migliore, Lt. DeJarnette, Ms. Leroy, Ms. Adkins, Ms. Husak, Mr. Goodwin, Ms. Ott, Mr. Langworthy, Ms. Crandall, Mr. Harding, Mr. Hammersmith, Ms. Puskarcik, Mr. Thurman, Mr. Earman, Ms. Colley, Ms. Nardecchia, and Mr. Combs. APPROVAL OF MINUTES Mr. Gerber moved approval of the minutes of the August 9, 2010 Council meeting. Ms. Chinnici-Zuercher seconded the motion. Vote on the motion: Vice Mayor Salay, yes; Mayor Lecklider, yes; Mrs. Boring, yes; Mr. Gerber, yes; Mr. Reiner, yes; Ms. Chinnici-Zuercher, yes. SPECIAL PRESENTATIONS/PROCLAMATIONS • Recognition of City Manager Terry Foegler Mayor Lecklider noted that tonight is Mr. Foegler's last Council meeting as City Manager, and made brief comments on behalf of Council regarding Mr. Foegler's service to the City. He noted that Mr. Foegler was appointed as City Manager in February of 2009, and throughout his career has demonstrated a visionary and progressive approach to community growth, leadership, and management. Mr. Foegler had previously served the City as Development Director in the early 1990s and then became President of Campus Partners at The Ohio State University Campus from 1996 through 2008. His experience in Central Ohio and Dublin, partnered with his big picture perspectives, expertise in economic development, and skill in facilitating public/private development partnerships were the assets that Council felt would be key in Dublin's continued growth and success. Mr. Foegler has had a significant impact on the City during his tenure, specifically in the areas of fiscal management, growth policy, and strategic planning. In 2009, Dublin experienced its first decline in income tax revenues, and Mr. Foegler successfully reduced expenditures for the City with no impact to the quality of service delivery to the residents. During this time, the residents continued to give the City high ratings in citizen satisfaction surveys. Mr. Foegler has applied his extensive knowledge of emerging trends in demographics, sustainability and economic development to help Council better frame the City's future growth and development policies. He established a strategic planning framework, providing an increased level of direction, focus, and collaboration among other things, including City Council's goals, community-wide strategic focus areas, and administrative performance plans. In addition, he led the innovative community-wide planning and visioning effort for the Bridge Street Corridor study, which is one of three 2010 goals for City Council. This participatory process has challenged our City leaders, residents and corporate residents to rethink suburban development, with a focus on sustainability, walkability, and livability. Mr. Foegler's new position at The Ohio State University offers him a wonderful opportunity to continue to utilize his unique expertise that has been so valuable to Dublin. It is a compliment to the City of Dublin that Ohio State recognized Mr. Foegler's talents, value and level of professionalism, as did Council in their search for a City Manager. On behalf of Council, he wished Mr. Foegler all the best! Vice Mayor Salay then presented Mr. Foegler with a gift from Council. Mr. Foegler thanked Council and City staff for making this such a great experience for him. He has thoroughly enjoyed all eight years of public service with the City of Dublin. Dublin is vested in planning, trying to understand growth and development trends, and trying to position itself— all geared towards providing the highest quality of life and services possible for its residents. This presents a tremendously exciting and challenging opportunity for someone in city management. With the support of Council, the residents, and an extraordinary City professional staff, the City has worked to identify ways to deliver services more cost effectively and not negatively impact the quality of service to the RECORD OF PROCEEDINGS Minutes of _ Dublin City Council _ Meeting DAYTON LEGAL BLANK.INC.. FORM NO.10148 _ August 23, 2010 Page 2 Held 20 residents. The resident surveys demonstrate the highest level of satisfaction with the services. Those who work for the City take tremendous pride in this, and it has been a pleasure and honor for him to have been associated with them for his years as Development Director and as City Manager. He thanked former City Manager Tim Hansley for bringing him to Dublin from the private sector in 1990 to serve as Development Director. He has always found the public service work to be far more gratifying at the end, and Dublin has been no exception. He thanked everyone who has made that possible. • National Wildlife Federation Community Habitat Certification Mayor Lecklider noted that a reception was held at the park shelter house this evening for those who have been instrumental in achieving this certification for the City. He invited staff member Mime Migliore to the podium, along with Roxanne Paul of the Washington, D.C. offices of the National Wildlife Federation. Roxanne Paul, National Wildlife Federation noted she is present in Dublin tonight, together with Jason Dinsmore of the Ann Arbor, Michigan office of NWF to celebrate the City's national wildlife certification status. Dublin is the 43rd certified community wildlife habitat in the nation, and the first community in the state of Ohio to achieve this honor. She noted that through the efforts of City employees, volunteers and residents, Dublin has become a healthier place for people and for wildlife alike. In all, 164 homes, five schools, 18 parks, and one business became NWF certified wildlife habitat sites by providing food, water, cover and places to raise young for wildlife, and by using sustainable gardening practices. The NWF was founded in 1936 and for 74 years has worked to conserve wildlife and wildlife habitat in North America, Hawaii, and U.S. territories. The three main drivers are to safeguard wildlife and its habitat; to confront global warming; and to connect people with nature. On behalf of the NWF, she presented a certificate to Mayor Lecklider, recognizing the City of Dublin as a Certified Community Wildlife Habitat. Mayor Lecklider thanked Ms. Paul of the NWF for this recognition, and presented a proclamation to City Nature Education Coordinator Mime Migliore. Ms. Migliore introduced Sue Swyt and Toni Stahl, volunteers for this effort and JoAnna Clark, City staff support person. • Update re Bicentennial Grant Funded Activities — Dublin Historical Society Herb Jones, President, Dublin Historical Society reported that just 700 days ago, he attended a meeting hosted by the City to solicit ideas for celebrating Dublin's Bicentennial. In just 39 days, the Mayor will cut the ribbon for the Heritage Day celebration at the Coffman House and Coffman Park. A small group has been working for two years to prepare for Heritage Day, which will take place on Saturday, October 2 beginning at noon. Tom Holton, Dublin Historical Society stated that the Dublin Cornet Band will gather with the community at the stone gate entrance to the Coffman Park for the kick-off of Heritage Day. He described the various activities that will take place, including remarks from state legislators, presentation of the mural commemorating Dublin's history, bagpiper performance, and dedication and burial of the time capsule. Various games and activities are scheduled, as described in the brochures and posters distributed to Council. He provided each Council Member with a box of the note cards the DHS has printed to mark the Bicentennial. Michael Blackwell, Dublin Library Branch Manager thanked staff for their assistance with the bicentennial grant-funded memories project, undertaken in partnership with the Dublin Historical Society, Kent State University, the Dublin Library and the City. The library digitizes the photos identified by the DHS for the Dublin Memories portion and uploads them to the website ohiomemory.org. The group views this as not only a bicentennial project, and they want to extend their efforts to include people interested in donating photos to be digitized for this project. The DHS determines what photos are historical in nature and should be preserved in this manner. He introduced Lou Ann Connor, who shared some of the slides from the project housed on the Dublin Memories Digital Archive, hosted by the Ohio Historical Society. It is part of the Ohio Memory project, which includes digital archives from around the state. RECORD OF PROCEEDINGS Minutes of Dublin City Council _._ Meeting DAYTON LEGAL BLANK,INC.,FORM NO.10148 August 23, 2010 Page 3 Held 20 Mayor Lecklider thanked them for sharing the project update. Thanks also to all who are working on the Bicentennial activities. Council is looking forward to the Heritage Day event. • Dublin Teen Corps Ms. Nardecchia noted that the 2010 Dublin Teen Corps consists of sophomores, juniors and seniors who live in the City of Dublin or the Dublin School District. The students learn about Dublin's form of government, government careers and volunteer over 1,000 hours of service to the City each summer. Gautam Ranoavaila, 7411 Coventry Woods Drive stated that he and colleagues Jennifer Kubalak and Rana Abuhilal have been elected by their peers to address Council regarding their summer of service and learning with the Dublin Teen Corps. Rana Abuhilal noted she had the opportunity to volunteer in Community Relations, working on various communication projects. Jennifer Kubalak noted she is a third-year member of the Teen Corps. She has learned much about local government and its role. They enjoyed working with the Historic Dublin Business Association, Planning and Court Services staff. Gautam Rangavaiia stated that the students are now better-informed citizens of the City. He volunteered with Economic Development and learned about efforts to retain and attract businesses to the City. He thanked City staff for the time they have spent with their group. In the fall, the Teen Corps plans to continue working with the Police Department to combat distracted driving. They look forward to future service with the City. Ms. Chinnici-Zuercher commended the Teen Corps, noting that the earlier in life one begins to volunteer, the more likely one will be a lifelong volunteer. She is pleased that Dublin offers this program and that teens in the community are interested in being engaged with the City. Mayor Lecklider noted that it is inspirational for everyone to hear of the efforts and contributions of this group. Dublin is characterized as a City with a strong spirit of volunteerism, and this is a high priority for Dublin. The members then introduced themselves and the respective schools they attend. CORRESPONDENCE There was no correspondence requiring action from Council. CITIZEN COMMENTS Wallace Maurer, 7451 Dublin Road commented regarding the "bicyclization" of Dublin, the price tag of which is estimated at $2 million including the art-carved bike racks. He believes this money can be obtained by convening a meeting of the CEO of Cardinal Health, the CEO of Shell Oil, the CEO of Schwinn Bicycle, and Mr. Merritt and Mr. Stovsky of the Bicycle Advisory Task Force. Schwinn would be anxious to provide the bikes to Dublin as one of seven cities named as "Intelligent Cities;" Shell Oil is an oil company who is phasing out of the oil business and working on alternative energy sources; and Cardinal Health would recognize the health benefits of the bicyclization of the City. All three of these companies would want a city such as Dublin on their resumes, because when Dublin speaks, the world listens. If the three corporations, plus himself, the BATF representatives and Council met, he believes these corporations could be persuaded to fund this program. Other cities would follow the lead of Dublin, as Dublin is a model community. He urged Council to convene this meeting of the CEOs he has named. LEGISLATION INTRODUCTION/FIRST READING —ORDINANCES Ordinance 31-10 Rezoning Approximately 15.19 Acres Located on the North Side of Perimeter Loop Road, Approximately 430 Feet East of the Intersection with Avery-Muirfield Drive within Perimeter Center, from PCD, Planned Commerce District (Perimeter Center, Subarea F) to PUD, Planned Unit Development District. (Perimeter Center, Subarea F4, Perimeter Center Shopping Center/Giant Eagle — Case 09-115Z/PDP) Vice Mayor Salay introduced the ordinance. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK.INC..FORM NO.10148 August 23, 2010 Page 4 Held 20 Ms. Husak stated that this is a request for rezoning with a preliminary development plan for a 15-acre site within the Perimeter Center planned district. She shared an aerial view of the site, which includes the shopping center. Giant Eagle is the major tenant of the center and has access points on Perimeter Loop Road, Mercedes Drive, and Perimeter Drive to the north. She noted the following: • The proposal is for the Perimeter Center shopping center to continue to reside within Perimeter Center, but the development text would create a new subarea called Subarea F4. Currently, Perimeter Center shopping center is located with Subarea F. Surrounding areas are Subarea Fl to the north and a small portion of Subarea F3 to the east. • This is the first step in establishing a planned unit development district and combines a request for rezoning with the preliminary development plan review. The adoption of the rezoning ordinance by City Council constitutes the rezoning of the property. • The new development text for the 15.19 acres in Subarea F4 is included in the packet. This also requires review and recommendation by the Planning and Zoning Commission. The Commission reviewed the application over several months, and on July 22, 2010 recommended approval to Council of the rezoning and preliminary development plan. The Commission also reviewed simultaneously a final development plan request and a conditional use request. These requests were approved on August 19, 2010 by Planning Commission. • The rezoning is necessitated by Giant Eagle's determination of the need for major updates to the store to meet market demands. Giant Eagle representatives are present tonight to speak to these matters. • To the south, there is a rectangular area outlined in black on the map, which will be a building addition. Currently, it is paved parking area. In lighter grey is an area occupied currently by tenants. Giant Eagle is proposing to take over all of those spaces, with the tenants being moved to the north of the center in two freestanding buildings. The Rusty Bucket will move to a larger existing tenant space, and the car rental will move to another space in the northern part of the center. • Conditional uses are being updated. One is a drive-thru for the pharmacy, which is included in the preliminary and final development plans. It is proposed in the southern portion of the store. The Commission discussed this aspect at length, and a major concern was the impact of this use in close proximity to the residential neighborhood of Craughwell Village condominiums. All of the residents within 300 feet were notified as required by Code, and staff worked with the applicant to secure the addresses of all condominium owners in a building immediately to the south. They also notified the homeowners association, residents, and owners of the units. The applicant has met with representatives of the HOA and the residents and there has been no negative feedback to date. • The resident meetings resulted in two requests. First, installation of a gate to reduce cut-through traffic in the back of the center, which uses a private drive between two condominium buildings. The applicant has included that as part of the application, as it is on their land. The Fire Department has reviewed that as well. The second resident request is for a portion of sidewalk to connect parking area in the southern portion toward the shopping center, and that has been included. • Another conditional use in the text is for a fuel station, which was originally shown on the preliminary development plan. However, the applicant does not have a timeframe for when that fuel station may be added, so the Commission felt more comfortable in reviewing those details later when it would come back as a final development plan and as a conditional use. The references to the fuel station have therefore been removed from the plans. However, the fuel station is included as a conditional use in the development text. • Motor vehicle rentals -- one of the conditional uses -- will allow the Enterprise Car Rental service to move to the north. Any future uses of this type would require specific approval by the Commission. • Another text change is that the parking lot requirements have been decreased from the current 5.5 spaces per 1,000 square feet to four spaces per 1,000 square feet. The site can accommodate this number and this ratio is fairly common in professional practice. RECORD OF PROCEEDINGS Minutes of D_ubiin Cit_G tuncil Meeting DAYTON LEGAL BLANK.INC.,FORM NO,t0148 August 23, 2010 Page 5 Held 20 • Additional signs were contemplated, and the Commission has worked with the applicant to make allowances for those. The elevations depict these signs. • Up to 3,000 square feet of patio areas are permitted in the development text and can be approved administratively. The Commission ensured there would be requirements for matching and complementary furniture of the wrought iron variety. The outlining in orange shows the currently proposed patio areas, totaling about 1,500 square feet. • Because tenants are moving from the southern portion and Giant Eagle is taking over these areas, the applicant has made changes to the architecture to include a tower element, reminiscent of the main entry of the grocery store. At the August 19th meeting, the Commission had questions about lighting that were eventually resolved. They wanted to ensure there would not be lighting in the unfinished areas of the second floor, and the applicant has agreed to this. • The drive-thru has a canopy that is recessed about 60-80 feet from the front façade. • The applicant has some separate components within the Giant Eagle operation — a café, a pharmacy and an independent bank within the store. The applicant has requested signs for those uses, which would typically not be allowed. The Commission and staff felt strongly that there are some areas where signage would enhance the front façade versus an appearance of vacant tenant frontage. Three auxiliary signs of 28 square feet each are permitted, which is similar to other signage in the shopping center. These areas are the ones that the applicant has identified in the final development plan for the signage. • She shared a perspective provided by the applicant of the tower, the drive-thru canopy, and noted that screening will be provided for the pharmacy drive-thru. There will be an island separating those entering and exiting the drive-thru, which has been landscaped with hedges, columns and a variety of trees. There will be screening along the southern façade and landscaping as well. Planning has reviewed the rezoning request, and staff identified two conditions needed in order to meet all the criteria. Planning and Zoning Commission added two conditions at their July meeting, for a total of four conditions. All of these have been satisfied prior to scheduling of the ordinance and are reflected in the development text. Planning recommends approval at the second reading/public hearing on September 13, 2010. The applicant's representatives are present to respond to questions and have a short presentation as well. Mayor Lecklider invited Council Members to comment. Mr. Reiner asked if there is a potential location identified for the fuel station. Ms. Husak responded that it was originally shown in the southwestern portion of the site. The Commission did not want to bind a future Commission in terms of evaluating a location, so it has been removed from the plans. Mr. Reiner noted that Aladdin's restaurant has a space that it not used but which has a door to access it. Why is this space not included by the shopping center owner? Ms. Husak responded that staff raised this question as well, but Aladdin's is not interested in using this space. The shopping center owner has chosen not to include this space on the plans. Mr. Reiner stated that the scale of the landscape plan is not discernable, but can staff assure him that the screening will be adequate? There is no detail of plant materials. Ms. Husak responded that the Commission has reviewed this as part of the final development plan, and staff believes that the plant material is appropriate. Mr. Reiner asked if there were any concerns expressed by neighbors of the center. Ms. Husak responded that the only communication received was from the owners of the Shell station, with questions about the process and what was included in the application. There was no communication from the neighboring residents. Ms. Chinnici-Zuercher stated that she is disappointed that the Commission did not proceed with reviewing the fuel station. She recalls it was one of the triggers that originally prompted Giant Eagle's interest in expansion of the store. It is noted in the staff report that the design requirements of the signs would include a gold color for the lettering. This color makes the signage difficult to see from a distance, and it may bring more complaints from the public in terms of readability. RECORD OF PROCEEDINGS Minutes of Dublin City Coun_ciL _ Meeting DAYTON LEGAL BLANK.INC„FORM NO.10148 August 23, 2010 Page 6 Held 20 Vice Mayor Salay indicated that this is the design standard for the center. Mrs. Boring added that the text indicates they are complying with the previously approved text in terms of the colors for signage in the center. Ms. Chinnici-Zuercher responded that with revisions to the text, this would present an opportunity for changing the colors to improve readability. Ms. Husak stated that the Commission had requested that a specific gold color be included in the revised text as well. Mrs. Boring noted that there have been concerns with window signs. Has this been addressed? She is aware that the zoning code does allow some window signage. Ms. Husak responded that is correct, however the window signs permitted in the zoning code require that the amount be deducted from the storefront signage. This applicant has already exceeded the allowable sign size for the storefront, so they are not permitted to have any window signs. It is an enforcement issue for staff that occurs on a regular basis. Mrs. Boring asked if the practice of hanging a rod five feet back from the window with signage has been addressed. Ms. Husak responded that if you can see such signage from an adjacent property, it is determined to be a sign. It would fall under the same requirements. Mrs. Boring added that there are enforcement issues for this throughout the City. She would prefer the issue be addressed in the text for this PUD. Mrs. Boring noted that the fuel station is not being considered with this plan, yet the signage needed for it is in the development text. Was that intentional? Ms. Husak responded affirmatively, because each of the signs allowed in the shopping center is specifically noted. Staff has worked with the applicant to delete some extraneous language regarding signs that had been in the previous text. The fuel station was not intended to reside on its own parcel, so the zoning code would not allow a sign. For this reason, it is addressed in the text. Mr. Gerber stated that he shared Mrs. Boring's concerns with this language in the text about the fuel station. He concurs with Ms. Chinnici-Zuercher that the fuel station should be reviewed at the same time this rezoning is brought forward, as he is not certain where that station can be accommodated on the site. Has there been a traffic study as it relates to the pharmacy drive-thru and the road extending to Perimeter Loop? Ms. Husak responded that the traffic study did include the pharmacy drive-thru and also included the fuel station, as the fuel station was anticipated at the time of the traffic study submittal. A traffic study does typically address how the traffic would be distributed differently within the center by having the restaurant use moved to the north, and how the intersection impacts would change. The traffic study did not result in any recommendations for intersection improvements in these areas. The City is already undertaking intersection improvements along Avery-Muirfield Drive. Mr. Gerber reiterated that he is trying to understand the traffic flow within the center— in view of a pharmacy drive-thru, a potential fuel station in that same area, and two other businesses to the south of that. There seems to be a lot of activity in a small area. Did Planning Commission review this? Ms. Husak responded they did not study this in terms of a fuel station, but did review it in terms of the pharmacy drive-thru. Discussion occurred about the vehicle movement with the drive-thru and about potential exits —the private Mercedes Drive access to Perimeter Loop, or through the shopping center using the main access point, or exiting farther north. There were no concerns expressed by Engineering with this issue. Mr. Gerber asked if the proposed signage is the same size as that provided under the previous text, or is it more or less. Ms. Husak stated that for the wall signage, the size is the same as the previous text. There is the same number of signs as well, as there was an allowance for a garden center sign. There is currently a sign underneath the Giant Eagle illuminated sign, and staff has requested removal of it in order to offset some of the other signage proposed. Mr. Gerber stated that paragraph one of the text relating to signs and graphics indicates that each tenant storefront is limited to one externally illuminated wall sign and one projecting sign. He asked for more details. Ms. Husak stated that this represents a change from the previous iteration of text. Previously, an additional sign was allowed on an awning, making a total of three signs. Staff felt that was excessive, and the awning signage has not been used by the tenants. The wall sign is a wooden plaque that all of the tenants in the center have in place, with RECORD OF PROCEEDINGS Minutes of _ Dublin City_Council Meeting DAYTON LEGAL BLANK,INC.,FORM NO.10148 August 23, 2010 Page 7 Held 20 rounded gold border and letters and gooseneck fixtures above. The projecting signs are not permitted for the Giant Eagle elevation; those are only permitted for other tenants in the center and are 3x2-foot signs perpendicular to the building. Mr. Gerber noted that there have been issues with window signage. In view of this being a planned district, could a condition be added to prohibit or limit those? Ms. Husak responded affirmatively. Mr. Geber asked if the Commission deliberated about this issue. If not, was there a reason they did not? Ms. Husak responded that they did not discuss window signage, but she cannot speculate about the reason. Mr. Gerber stated that the window signs in this and other centers detract from what the City is trying to accomplish in terms of aesthetics. However, a condition could be added to address this. Ms. Husak responded that Council could request that the text be revised to incorporate this change for review at the next hearing. Ms. Chinnici-Zuercher stated that, for her, this is not an issue related to just this site. It is an issue related to all the retail stores in the community. Discussion has taken place many times over the years about this. Enforcement is a difficult matter, and Legal counsel has indicated that if all property owners are not held accountable in the same manner regarding these and other such issues, it is problematic. Mr. Gerber stated that for a planned district, such a condition could be added to the text. It would then be clear to Code enforcement staff that such signage is prohibited in this center. He agreed that it is problematic in other areas, but the text does not always address this. It will take a long period of time to amend the Code, but there is an opportunity with a planned district to resolve it. Mayor Lecklider asked Mr. Gerber to clarify what he is seeking to address with such a condition. Mr. Gerber stated that he wants to address the plethora of window signage in shopping centers. He is suggesting that Council consider a condition for this planned district to prohibit such signage. Mayor Lecklider suggested that after the applicant's presentation, Council can address this. Vice Mayor Salay asked Ms. Husak to describe the windows on the southern portion of the Giant Eagle proposed expansion. Ms. Husak responded that all of the windows except for the areas she is identifying on the plan will be transparent, clear glass. On the bottom portion of the four areas for each of these windows, there will have standard glazing so that one cannot see through them. A sample can be provided at the next meeting. The top of those windows will be clear glass. Vice Mayor Salay asked if these will appear as the Walgreen's windows across the street. Ms. Husak responded that it is more of a darker bronze than the grey/white Walgreen's windows. Vice Mayor Salay suggested that a larger set of plans would be helpful. She shares the concerns about the fuel station, and asked about the possibility of pulling this portion from the text and treating it as a separate rezoning. In this way, it will be reviewed by Planning and Zoning Commission as well as Council. In reading through past minutes, she recalls the past discussion about the details of this Center's rezoning. This center has aged well over 16 years in terms of aesthetics. She favors the gold lettering, which sets this center apart from others. She understands the need for the drive-thru pharmacy, but personally prefers smaller grocery stores in general. The tower on the end will be attractive. One item to address is bicycle safety within the Center. If there is a way to incorporate a route from the bikepath on Avery-Muirfield to the Center, that would be a great feature for pedestrians and cyclists. Ms. Husak responded that the frontage on Perimeter Loop Road does include a bikepath. However, it does not yet connect along these areas, as paths are generally installed with new development. Vice Mayor Salay indicated she would support this connection for the bikepath. Are there bike racks planned for the Center? Ms. Husak responded that there are existing bike racks in the northern portion and additional ones proposed for the front of the grocery store. RECORD OF PROCEEDINGS Minutes ofQiablin Citv Courlcii Meeting DAYTON LEGAL BLANK,INC.,FORM NO.10148 August 23, 2010 Page 8 Held 20 Ms. Chinnici-Zuercher stated that the issue is not just about sidewalks, but providing safe routes to the bike racks. She is pleased to hear that this center has bikepaths. Going forward, the City should ensure that the text provides for bike racks and encourages bike access to centers. Mayor Lecklider added that perhaps a bike lane internal to the parking lot would be ideal. Vice Mayor Salay agreed, noting that it should be out of the line of traffic to reduce vehicle/pedestrian/bicycle conflicts. Mayor Lecklider stated that he would be equally interested in bicycle access from the north into the center. He is aware that intersection improvements for Avery-Muirfield are planned. Is staff suggesting this could be addressed with that project? Hopefully, Mr. Hammersmith can consider this in the intersection plans. Vice Mayor Salay commented that Planning and Zoning Commission approved the final development plan for this project on Thursday, August 19. Perhaps it would make more sense to allow time for the Commission to approve their minutes, which could be provided to Council prior to scheduling of the rezoning. Mayor Lecklider asked staff to respond to the timing issues of this scheduling. Ms. Husak responded that this was an applicant-driven request. Council does have the recommendations of Planning Commission from their July consideration of the rezoning and preliminary development plan. The Commission did approve the final development plan on August 19th, and it will not be valid until the rezoning is approved by Council and effective. In this case, the timing has been driven by the applicant. Mrs. Boring agreed with her colleagues. What will occur if Council amends the rezoning after such time as the Planning Commission has already approved the final development plan? Ms. Husak responded that the final development plan, incorporating any changes made by Council, would then have to go back to the Commission for approval. Mayor Lecklider asked what would result in terms of the final development plan if Council adds a condition such as Mr. Gerber has suggested. Ms. Husak responded that an amendment to the text regarding window signs would not impact the final development plan as approved. Mrs. Boring asked for confirmation that the final development plan as approved does not indicate, "as shown in the text." Ms. Husak responded affirmatively. Mayor Lecklider asked for clarification about the additional three 28-square-foot signs permitted by the revised text. Are these three signs permitted under the previously approved text for the center? Ms. Husak responded that either the text or the final development plan approved by the Commission in the 1990s included additional signs for uses within the grocery store, such as the garden center and the sign below the Giant Eagle sign. Mayor Lecklider asked if it was a total of three, or is an additional sign being requested? Ms. Husak responded that she will check on this prior to the next hearing. Mayor Lecklider asked about the blank wall immediately to the south of the main entrance to Giant Eagle. Was there discussion regarding some type of treatment for this? Ms. Husak responded that there is patio space proposed, so the entire space will not be blank during the entire year. The Commission did not discuss this to any extent— their focus was more on how this area is being treated in terms of the sign band. Mayor Lecklider stated that he appreciates the need for Giant Eagle to remain competitive in the marketplace by including additional amenities on the site. In terms of the pharmacy drive-thru, it appears to be a tight turnaround for those vehicles entering and exiting the drive-thru. Ms. Husak responded that the Commission had similar concerns. At the Commission's request, the applicant provided animation to demonstrate that a large SUV could traverse this without hitting a curb. Mayor Lecklider asked if the easternmost portion of the turnaround is curbed. Ms. Husak responded it is not curbed. There is actually signage and a stop bar because employees parking behind the shopping center could potentially use this area to exit the shopping center. The volume expected at the pharmacy drive-thru is fairly low, and this RECORD OF PROCEEDINGS Minutes of Dublin City Council _ Meeting DAYTON LEGAL BLANK,INC_FORM NO.10148 August 23, 2010 Page 9 Held 20 would provide an alternative exit route because of the gate in place to prevent cut-through traffic. Vice Mayor Salay asked if this is required due to circulation for the fire department access. Ms. Husak responded that the Fire Department can use the gate for access. Mayor Lecklider asked if staff had any concerns with this portion of the plan. Ms. Husak responded they did not, due to the low volume of the drive-thru. Mrs. Boring pointed out that in the section of the text regarding "Signs and Graphics," point 5 needs to be clarified. Ms. Husak stated that staff will check on this prior to the next reading. Mr. Gerber asked if staff can share information about the action of the Commission on Thursday, August 19 with respect to the final development plan. Ms. Husak responded that the Commission discussed an issue with the sign band, and the applicant provided an additional perspective drawing and detailed drawing, showing how far the roof actually comes down, where the gutter line is, and two pieces of wood to the bottom and top to make this look be less of a sign band. The Commission was satisfied with this. The applicant also addressed some other conditions between the July and August meetings. The wrought iron fence in the center of the pharmacy drive-thru was revised to be a hedge treatment. Staff had also requested more signage details, and they have done so. Mayor Lecklider invited the applicant's representatives to present. Ben Hale, Jr., 37 W. Broad Street noted that this Center was fortunate that when Big Bear went out of business, the Giant Eagle store came into the space. Centers with grocery stores are much more successful than those without them, and the shopping centers where Big Bear departed and Giant Eagle did not come in have suffered. Giant Eagle moved into the Big Bear store with little renovation and, together with the owner of the Perimeter Center, they now plan to make a major commitment to the center. The addition to the center will consist of 4,000 square feet, because the building housing the Rusty Bucket will be torn down to accommodate the drive-thru for the pharmacy. Giant Eagle is willing to invest $14 million on this store expansion, which represents a major, long-term commitment. The owner wants to bring the store up to a higher standard, including day care, an expansion of the pharmacy, and an enhanced health and beauty department. The store will remain open during this total renovation of the interior of the center. DDR, the owner of the shopping center will relocate the other tenants, which includes building a new Rusty Bucket at a cost in excess of$1 million. This represents a major commitment by both Giant Eagle and DDR to ensure the long-term future of this center. He noted the following: • At the outset of this project, the fuel station was included, and the Planning Commission commented about how the islands would work. The fuel station was included on the preliminary development plan, and Planning Commission felt strongly it should not be included and so it was removed. • One of the reasons the applicant believed it was appropriate to remove this was because Planning Commission wanted them to project the parking needs for Giant Eagle and the restaurants after the redevelopment, and whether or not the fueling center was in the appropriate place. However, the applicant felt that the only certain way to find out about the Center in terms of use is to have the users there. And so they indicated they would return, as there was no plan to build the fueling center for a couple of years. The applicant wanted to have the remodeling completed and the renovated store operational before undertaking anything else. The applicant proposed that the fuel station be handled as a conditional use, and that they would return with full parking counts at the time they pursue a conditional use. Planning Commission felt that including this on the preliminary plan would tie their hands, and that was not desired. He added that the only viable place for a fueling station is likely the south end of the center, but the applicant agreed that it would be a conditional use and that they would do full parking counts and review traffic movements in the center to assure the fueling station would work properly. All reference to the fueling station was removed from the text and drawings, other than the sign references needed. RECORD OF PROCEEDINGS Minutes of Dublin.City Council Meeting DAYTON LEGAL BLANK,INC..FORM NO.10149 August 23, 2010 Page 10 Held 20 • He noted that Dublin's Code allows an applicant to file both a preliminary and final development plan at the same time. What Council is essentially seeing tonight is the final development plan, which is much more complete than what is typically reviewed in a preliminary development plan. • The project architect Matt Majeed of MCG Architecture and Andrew Rauch of Giant Eagle are present tonight. • He noted in regard to the three additional signs discussed by Council that the architects on the Planning Commission felt very strongly that those signs are needed —that the signs add texture and context to the Center, and absent them, it would appear blank. They were supportive of having the bank, pharmacy and café signs on the front. Mr. Gerber asked Mr. Hale to respond about the window sign issue. Mr. Hale responded that they will work with staff prior to the next reading to propose some language to address this. Matt Majeed, MCG Architecture clarified that Giant Eagle had agreed not to put any merchandising beyond the sill height of the existing windows. They did not want anything on the inside that would project on the outside. Mr. Hale added that is already a condition. Mr. Gerber clarified that his concern does not only relate to Giant Eagle, but to the other tenants in the center. Mr. Hale stated they will work with DDR to propose some language to address this. Mayor Lecklider noted that in view of the concerns of Council, and with all due respect to the Commission, if and when the fueling station comes back as an application, could there be an agreement that it come in the form of a rezoning versus some other means whereby Council would not have the final determination? Mr. Hale stated that the head of real estate for DDR is not present due to a death in the family, but he has no objections to Council reviewing it. Authority for reviewing conditional uses is given to the Planning Commission by Council. As opposed to undergoing an entire rezoning, any Council Member could request that the application come before Council, and that Council would have the final determination after review by Planning Commission. He would prefer this option versus another preliminary development plan review for the Center. Mayor Lecklider stated that at the time the center was initially developed, Council and Planning Commission carefully considered all aspects of the development. There is obviously a heightened sensitivity about the fueling station. Ms. Chinnici-Zuercher stated that, personally, she is prepared to approve a conditional use for a gas station. She has no objection to the recommendation that this matter ultimately come back to Council for a final decision, but not as a rezoning. She wants it to be understood that there is an expectation that a gas station may be added and come back for review. Historically, Council has been very opposed to gas stations such as this, but the industry has changed and it is important to recognize that. The City can control the appearance and related matters, but she is supportive of the fueling station being a conditional use and ultimately considered by Council for approval. Mr. Smith stated that staff could find a way that this can be done for a planned district. Mr. Hale noted that he is a strong advocate of Council having the option of reviewing a matter typically delegated to their advisory board/commissions. Currently, the only appeal available to an applicant is in the court system, which results in a lot of legal expense. He supports Council having the right to elect to do this review, if they so desire. Mr. Gerber stated that he agrees with Ms. Chinnici-Zuercher that this fueling station should be considered as a conditional use — not as a separate rezoning. The criteria for a conditional use allows for review of things such as traffic circulation, external and internal to the center. Whether it is Planning Commission that hears the conditional use, or whether Council chooses to do so is a decision for the entire Council to make. Mrs. Boring asked for clarification. If the right of conditional use is included in the development text, the only items that can be regulated at a later date are the location of RECORD OF PROCEEDINGS Minutes of Dublin.City Council Meeting DA CON LEGAL BLANK,INC.,FORM NO.30148 _ August 23, 2010 Page 11 Held 20 the facility on the site, as the conditional use is already permitted in the text. How could this limit Council's oversight of this matter? Mr. Smith responded that legal staff has provided memos previously about the criteria that can be used when judging whether an application meets the criteria for a conditional use. If Council determines this should be handled as a conditional use, it does not mean it is automatically approved. Some of the most litigious matters the City is involved in relate to conditional uses. The current Code, however, provides that appeals to decisions on conditional uses and final development plans are not brought to Council but go directly to the court system. A few years ago, a draft was prepared of Code amendments that would give Council the right, not the duty, to review a matter that was reviewed by Planning Commission before it was taken to the court system. In this case, because it is a planned district, language can be added in the text to indicate that the conditional use shall be reviewed by Planning Commission and then by Council. Mr. Gerber stated that there is a fueling station included for the Kroger Center on Sawmill Road. Was this a conditional use? Ms. Husak responded that it is a conditional use, and was included on the preliminary development plan. The Commission eventually approved a final development plan and, simultaneously, a conditional use. More details were available in the final development plan about the architecture and other aesthetics. Mr. Hale responded that the applicant is willing to provide for both the final development plan and conditional use review by Council in the text. Vice Mayor Salay stated that Council seems supportive of hearing appeals on conditional uses or other development matters versus having them go to the county court system. Personally, she is supportive of having these appeals come to Council as Council can have a positive impact on the outcome as well as avoid the legal expense of a court appeal. Mayor Lecklider stated that, given the nature of the presentation and that a fueling station is contemplated but not included in the plans, it seems Council is at somewhat of a disadvantage in terms of giving a blanket approval. This particular case is reflective of the need/opportunity for Council to review this when it is brought back. He agrees that this raises the issue of final development plans and the opportunity, at Council's discretion, to hear these cases before they could potentially go to court. Ms. Chinnici-Zuercher summarized that there are short and long-term issues to address. In this case, staff will provide language to address this particular planned district. Mr. Smith responded that he will draft language in the text to address the Giant Eagle • store in the planned district and the ability of Council to have the final vote on the conditional use and final development plan. Ms. Chinnici-Zuercher stated that another motion is in order regarding the long-term issue, so that by year end, Council could have new Code language about these matters. Mr. Smith responded that staff will recirculate the previous reports generated. Matt Maleed, MCG Architecture noted that Andrew Rauch, Director of Store Planning and Architecture for Giant Eagle is available to respond to questions about the proposed architecture and the reasons for the expansion. The expansion is driven by the need to provide more specialized services for the patrons. Andrew Rauch, Giant Eagle store planning shared images of recent stores built in various parts of Ohio, noting that Giant Eagle wants to bring the store up to their current standard and provide the offerings and programs available in the newest Giant Eagle stores. Improvements will be made to finishes, merchandise display, and flooring. They will offer more organic products, an expanded floral department, and will have better prepared food offerings in the café. They will have more offerings in the gourmet case, including sushi, • an improved deli, enhanced bakery products and wine offerings, improved international food offerings, enhanced dairy, and health, beauty and wellness product enhancements. They will have a dietician and an esthetician on staff in the store to consult with customers • RECORD OF PROCEEDINGS Minutes of ilhlin City Council Meeting DAYTON LEGAL BLANK,INC„FORM NO.10148 • August 23, 2010 Page 12 Held 20 as needed. An expanded pharmacy, including private settings for consultation and immunizations will be included. A childcare area will be provided for store patrons as well. Vice Mayor Salay asked Mr. Majeed for more information about the glass. Mr. Majeed responded that the original intent was to conceal most of the glazing. Generally, in their stores, the closed management offices are located upfront. Based on City concerns with having a blank wall, the applicant redesigned the entire store and reconfigured the elements in order to maintain the glazing. The three panels were removed on the plan and spandrel glass used because there was a need to use this area for the pharmacy. There are certain security issues associated with the pharmacy area. Vice Mayor Salay noted that the applicant has indicated that the top portion of the glass in these areas will be clear. Based on experience, how will this appear? Mr. Majeed responded that the intent of using clear glass on the top portion is more focused on the interior light, bringing daylight in as much as possible. They could easily have drywalled this area, but believed the daylight would provide a softer look in the store and would be more sustainable as well. In addition, there is a canopy, which will provide some softening to any big box appearance on the exterior. There will be a second reading/public hearing at the September 13 Council meeting. Ordinance 32-10 Rezoning Approximately 1.6 Acres Located on the West Side of Avery Road, Approximately 140 Feet North of Kendall Ridge Boulevard from R-2, Limited Suburban Residential District, to PUD, Planned Unit Development District. (Dan- Sherri Marcus PUD - Marcus Rezoning Case 10-024Z/PDP) Vice Mayor Salay introduced the ordinance. Mr. Combs stated that is a combination rezoning/preliminary development plan on the Marcus property, located on Avery Road, just north of Kendall Ridge Boulevard. He noted the following: • With the recent widening of Avery Road between Tuswell Drive and Woerner- Temple Road, the City has been in negotiations to conclude right-of-way acquisition for the Marcus Property at 6009 Avery Road. This request for zoning includes a proposed swap of right-of-way at 6009 Avery Road in exchange for residual municipal land at 6001 Avery Road to provide enhanced redevelopment potential consistent with the Community Plan. • The Future Land Use map in this area calls for Neighborhood Office. The Avery Road Area Plan further defined the general character for the area along the Avery Road corridor. It calls for the consolidation of parcels and redevelopment as Neighborhood Office throughout that area of the corridor. • Based on neighborhood input in April 2009, the original office concept was modified to preserve trees and provide a greater buffer for surrounding residences. Remnants of Dan-Sherri Avenue adjacent to Avery Road will be transferred to shift parking away from residences and place the future building generally within the residential building envelope. The lighting will be reduced or turned off during nighttime hours to reduce light trespass. • The text permits one monument sign along Avery Road, a maximum of six feet high and a 25-foot square sign face. The existing landscaping will be extended along the terminus of the cul de sac, along with a four-foot fence. He noted that the development will include a maximum intensity of 10,000 square feet (6,250 square feet per acre) with the following elements: • Placement of the building footprint in the general location of existing structures will maximize distance to surrounding residences, increase buffering and preserve trees; • A parking lot located through the center of the site permits a greater open space buffer for the adjacent residences and saves landmark trees. Primarily, only those trees in poor condition will be removed, and a curbless design will minimize additional effects on trees; • Keeping the west half of the site as open space preserves existing site character and results in a low lot coverage at approximately 31 percent; and • With a substantial effort to save trees, the proposed development text includes a tree waiver to replace tree-per-tree based upon City Council's established policy. RECORD OF PROCEEDINGS Minutes of DublinCit_y ouncil Meeting DAYTON LEGAL BLANK.INC..FORM NO.10148 _ August 23, 2010 Page 13 Held 20 The preliminary development plan was heard by the Planning Commission on July 22, and the Planning and Zoning Commission recommended approval of the proposed rezoning with two conditions: (1) to relocate the dumpster at the time of the final development plan; and (2) to modify building materials to include brick and shakes within the development text. Significant concerns were expressed by the public regarding traffic flow through the Kendall Ridge subdivision. Therefore, the Commission also recommends that Council consider the traffic issues in their deliberations. Ms. Chinnici-Zuercher asked if the Planning Commission considered the traffic issues before recommending approval. If so, what would the Commission like Council to consider differently? Mr. Combs responded that a number of concerns were expressed by the residents, including four that were identified in staff's memo: timing of the construction of the Woerner-Temple roundabout; no parking signs in the cul de sac on Dan Sherri; U-turn signs; and other minor alterations to address the potential for cut-through traffic with the development. Ms. Chinnici-Zuercher asked about the staff position regarding educating the public through signage for parking, etc. Mr. Combs responded that in terms of construction of a Woerner-Temple roundabout, that improvement is not currently programmed in the CIP. The current traffic level in that area does not indicate the need. If the future extension of Tuttle Road to Avery Road results in an increase in traffic in that area, the improvement would be considered at that time. The more immediate improvement is for a Shier Rings roundabout. Concern was also raised about the placement of permissive U-turn signage at Woerner Temple and Avery Road, and traffic engineers have subsequently indicated signage could be accommodated at that time. There is no demonstrated need for"No Parking" signage at this time, but this can be considered in the future. Staff has evaluated the current traffic level and speeds in the area. Mr. Hammersmith can respond more specifically to the issue. Mrs. Boring stated that is was her understanding that it is permissible to make U-turns in Dublin. Mr. Combs responded that City Code permits U-turns, but they are not encouraged. Therefore, "U-turns Permitted" signage is not placed; however, "No U-turns" signage can be placed in areas where such turns could pose a risk. Vice Mayor Salay asked who would be responsible for maintaining the fencing. There have been past issues about maintenance responsibilities when a developer's fence is located next to private property. If the residents want fencing, it will be necessary for them to take responsibility for their side of the fence in terms of trash pick-up, etc. In regard to the signage with the multi-tenant panel, could the building be named so that the businesses located inside identify with the building rather than having multi-tenant signage? That type of signage typically is too small for clients to identify their destination. There are fourteen office properties located adjacent to residential areas. Have there been previous complaints or issues with small-scale office being located adjacent to neighborhoods? Mr. Combs responded that he recalls no specific issues. That is the reason that general land use placement in the Community Plan permits Office at that neighborhood scale to co-locate with residential uses. Vice Mayor Salay stated that she was involved with a rezoning to Office use very close to her home. At the time of the rezoning, the buffering treatment was already planted, and that gave the landscape material time to grow. By the time the actual building construction took place, there was already an established buffer. Dublin is a co-applicant in this case. Perhaps it would be possible to do some planting pre-development, being careful not to damage what was originally installed. With regard to the median along Avery Road, could a break be placed in the median to accommodate left turns? Mr. Hammersmith responded Engineering evaluated that situation. The volume of traffic in that location does not warrant a median break. The median was installed there to control access on this corner of Avery Road. Over time, the volume will increase and access will be particularly difficult, particularly for left turn movements. If there were any access that could have warranted left turn movements, it would be Kendall Ridge Boulevard. However, the City specifically limited those movements and pursued RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK,INC.,FORM NO.10148 August 23, 2010 Page 14 Held 20 roundabouts as part of the corridor improvement to provide future U-turn movements. The median may need to be removed in the future, as traffic volume increases. However, experience indicates that once medians are in place, a safety concern is created with removal. Vice Mayor Salay asked if a U-turn at Woerner Temple and Avery Road would be possible for a large vehicle and if that movement would be made from the left turn lane. Mr. Hammersmith responded that it would. That movement is permitted elsewhere in the City, such as at Tuttle Crossing Boulevard west of Emerald Parkway and Britton Parkway. A straight frame truck could not make that movement, but a typical car or SUV could do so. Vice Mayor Salay asked if there is a protected left turn at that intersection. Mr. Hammersmith responded affirmatively. Vice Mayor Salay stated that during that protected left turn, that would be advantageous. Mr. Hammersmith noted that it would depend upon the number of vehicles waiting to make the turn. The City's loops are somewhat set back, so the protected left turn is not possible until there are at least three vehicles waiting to make that movement. Vice Mayor Salay asked that staff review the traffic in Kendall Ridge, current speed and current volume, to see if there are any speeding issues or unanticipated high volumes. Staff discussed doing this review after school began, when a full traffic environment existed. Have the Stealth Stats been implemented? Mr. Hammersmith responded that as of August 2, 72 hours of data were collected on Kendall Ridge Boulevard and northern Tuswell Drive, just west of the roundabout. The data results indicate that the daily volume on Kendall Ridge Blvd. was 350 vehicles and 630 vehicles on Tuswell Drive. The average speed on Kendall Ridge Blvd. was just over 14 mph; the 85'h percentile was 17 mph. Vice Mayor Salay asked for clarification of the "85'h percentile speed." Mr. Hammersmith responded the 85th' percentile speed means that 85% of the vehicles travel at or below that speed. On Tuswell Drive, the 85'h percentile was 30.3 mph. The Stealth Stats indicated that both northbound and southbound 85'h percentile speeds were 27 mph, which is good compliance. The traffic studies for this development assumed that all 20 northbound vehicles exiting the property during the peak hour would traverse and travel south through the neighborhood. That is a very conservative estimate. Mrs. Boring asked if the parking lot would be phased in. Mr. Combs confirmed that is correct. The property owner does not yet have a party interested in having an office constructed. At this time, the objective is finalizing the standards to market the property. The size of the first phase of the parking lot will depend upon the demonstrated need of the office proposal. Mrs. Boring stated that she appreciates that plan. She also likes the Conditional Use language that indicates, "It shall be allowed subject to additional review and approval as prescribed by the Dublin Zoning Code." She would recommend that language be used with Conditional Uses in other texts. Mayor Lecklider asked if the Marcus property representative was present. Mr. Smith indicated that he is not. Mayor Lecklider invited public testimony. Tony Burchard, 6234 Kendall Ridge Boulevard stated that he represents the homeowners association. The HOA expressed the neighborhood's concerns at both Planning Commission hearings. When Engineering conducted the traffic studies, they did not include surveillance of the 56 children under the age of eight who would be exposed to any traffic that would travel up Kendall Ridge and down to Tuswell Drive heading north. In fact, they did not include any children in the condominiums on Tuswell, only the residents of Kendall Ridge development. There is parking on both sides of the street, and children will be at risk in traffic on that street. They are concerned about the type of businesses that will locate there and the volume of traffic they may generate. The residents request that no building permits be granted until the roundabout is completed. Planning staff indicates that the City's plan is for commercial development to extend as far as Able Golf Center. The attorney for the Marcus family has stated that the residents cannot deter the City from RECORD OF PROCEEDINGS Minutes of I u_b in_City Council Meeting DAYTON LEGAL BLANK,INC..FORM NO,10148 August 23, 2010 Page 15 Held 20 its ultimate objective, which is securing increased tax revenue. The neighborhood's interest is in diverting the traffic from the development and ensuring there is a visual buffer for the residents in Kendall Ridge and along Dan Sherri. Ms. Chinnici-Zuercher responded to the statement allegedly made by the attorney. The City is not considering the rezoning for purposes of increasing the tax base. The Community Plan identifies this area for small office buildings such as this. Cheri Morgan, 6325 Dan Sherri Avenue stated that her house has a swimming pool and this rezoning affects her property line. She is aware that the Community Plan provides for small office buildings in this area, but this is a 10,000-square foot office building. It will protrude and diminish the home values within the neighborhood. At the Commission meeting, it was stated that this development was in the best interests of the residents, but the benefits to the residents were never identified. Most patrons of this office building will be from outside the community. GPS navigation systems will route drivers through Kendall Ridge over to Tuswell and to that roundabout -- not down Woerner Temple to make a U-turn. She has issues with the additional lighting, privacy impacts, and further, on three corners, there are already "For Sale" signs on vacant lots. Yet in a three-mile radius, there are hundreds of vacant office buildings. She provided Mr. Combs a list of vacant office buildings. How many more office buildings will be constructed to sit empty? She does not want that for the future of her community. From the homeowners' perspective, she still has a septic system that runs along the side of her house where the construction will occur. The construction trucks will likely travel through the neighborhood, although they are not permitted to do so. If this development does move forward, she would like one-story office buildings to be considered versus two-story. She requests that Council carefully consider the plans for this area in view of all the existing vacant office buildings. Mayor Lecklider stated that he appreciates her comments about the existing office space and high level of vacancies. How would she propose this be developed, if not in office space? Ms. Morgan responded that there are many children in this neighborhood, and Dublin emphasizes greenspace within the community. The majority of this property is already very beautiful green space with a special buckeye tree located in the middle of it. There is no need for more office buildings. Vice Mayor Salay clarified that this rezoning will pave the way for future development, but there are neither immediate plans to build nor a potential tenant. Ms. Morgan inquired why there is a need to rezone the land. Why not leave it as it is currently zoned? Vice Mayor Salay responded that the rezoning would allow the Marcus family to have closure and provide for development at some future point along Avery Road. Ms. Morgan stated that she does not believe a City should rezone and approve development plans for office uses to settle private legal matters. This involved a taking of other property along the roadway as well. If that is the City's practice each time, where will that put us in the future? Mayor Lecklider asked Mr. Combs to respond to Ms. Morgan's comment about one-story office versus two-story and percentage of lot coverage and greenspace. Mr. Combs responded that the issue of one-story versus two-story was discussed extensively with the Planning Commission. There was discussion regarding a larger one- story footprint. Planning staff's recommendation and the consensus of the Planning Commission was that a two-story with roof massing and architecture that provided a more residential appearance would be preferable to a large, typical office block one-story. In addition, the tree preservation on the site would provide additional buffering that would reduce the impact on the surrounding area. Lot coverage is not addressed specifically in the text, but the layout of the setbacks in addition to the maximum building square footage eliminates the possibility of a high percentage of lot coverage. Staff's calculations on the plan indicate a lot coverage of 33 percent. The overall intensity of the development is limited to the two-story building, given the setbacks, parking requirements and tree preservation requirements. Mayor Lecklider asked if this conceptual design would preserve the buckeye tree referenced by Ms. Morgan. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK,INC..FORM NO.10148 August 23, 2010 Page 16 Held 20 Mr. Combs responded that it would preserve it, as it is a landmark tree. The parking lot plan was actually moved to the side to protect the critical root zone of that tree, permitting it to be maintained in the future. Buffering would be added along the perimeter of the parking lot. Mayor Lecklider asked if it would be possible to add landscaping to the south prior to any development, as suggested by Vice Mayor Salay. Mr. Combs responded that it could be considered, although it would be difficult at this time, as there is no proposal for a final development plan. The size of the building that will ultimately be proposed and the level of parking needed are unknown. Any landscaping installed could be impacted during the parking lot construction. If the general scheme for the landscaping were to be changed to a traditional perimeter buffer, that could be done. The intent, however, was to preserve the existing look of openness of an informal space. Mr. Reiner stated that he does not believe any of the homes in the neighborhood have shakes, which was an aesthetics consideration addressed with the second condition. Mr. Combs responded that was an issue raised by the Commission. He believes they were referencing the fact that there were shakes in the general Perimeter Center area, and so they added the condition that included that material in the text. Vice Mayor Salay noted that the Commission could also have been looking at the Dublin Community Pool South, where cedar shakes were used. Mr. Reiner responded that they are an expensive amenity. Mr. Combs responded that he is doubtful that an office of that size would be constructed in that manner, but the Commission wanted to open the palette of building materials as much as possible. Mayor Lecklider invited any others present to testify. Stacie Van Deusen, 6249 Corley Drive stated that U-turns are difficult to execute. They do not have a large SUV, and have tried them with their car. When there is a lot of traffic during peak school hours or business hours, U-turns will create an extremely dangerous situation for traffic. In addition, it was stated that the traffic study was conducted during busy school hours. That is not possible, as school does not begin until later this week. Mr. Hammersmith responded that staff was aware of this and will be conducting a recount once school is in session. However, it is doubtful the data will change significantly. Vice Mayor Salay asked what is considered as the evening peak hour. Mr. Hammersmith responded that it could be either 4-6 p.m. or 5-7 p.m., depending on the location. Vice Mayor Salay asked if the morning peak time is more spread out. Mr. Hammersmith responded that, typically, it is. The evening peak period is more critical. There will be a second reading/public hearing of Ordinance 32-10 at the September 13, 2010 Council meeting. INTRODUCTION/PUBLIC HEARING — RESOLUTIONS Resolution 36-10 Authorizing the City Manager to Enter into a Contract with the Law Director for the Provision of Legal Services. Mr. Reiner introduced the resolution. Mr. Foegler noted that the contract for legal services over the years has provided legal services from Stephen Smith and Schottenstein, Zox and Dunn. At the time the last contract expired, Council authorized the terms of the contract to be extended on a month- to-month basis until a new contract was brought forward. The proposed contract is very similar in financial terms to previous contracts. Staff has attempted to add more business terms in the contract to articulate some of the practices that have developed over time in terms of procuring legal services; these practices are more specifically articulated in the contract in order to provide some alternatives with regard to the way billing is handled, allowing for monitoring more closely the actual hours spent on certain legal activities. The contract is broken out in base services to the City provided on a regular basis; those items classified as non-routine services, which are compensated on an hourly basis; and those expenses associated with litigation. Staff can respond to any questions about the contract. Staff is recommending approval by Council. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK,WC..FORM NO.10148 _ _ August 23, 2010 Page 17 Held 20 Mayor Lecklider invited Mr. Smith to comment. Mr. Smith stated that he appreciates the opportunity to continue representing the City of Dublin. Mr. Foegler has implemented some changes in the way the legal services are administered in terms of the reporting, billing and itemization detail. He is in agreement with the changes, which offer the City a better handle on various projects. He and the firm look forward to continuing to represent the City. Ms. Chinnici-Zuercher stated that even with the change in leadership because of the City Manager's departure, she is hopeful that the systems put in place by Mr. Foegler will be used as he has indicated. The specificity required under the contract can be used as a learning tool for a future dialogue about the best way to provide legal services. Mayor Lecklider asked about the portion on page 4 of the contract, referencing officials in terms of liability provisions. Does this definition include City Council Members? Mr. Smith replied affirmatively. Their policy covers agents, officers and officials of cities represented, which includes Council Members. Their policy includes coverage at $20 million. Mr. Foegler added that this language was reviewed by the CORMA representative as well. Wallace Maurer, 7451 Dublin Road noted that one of the conditions of the contract is that the lawyer be present at every Council meeting. However, there are times when Ms. Readier fills in for the Law Director at a particular meeting. He wonders if the stipulation that the Law Director be present at all Council meetings should include some accounting for possible conflicts of duty. Mr. Smith responded that he is comfortable with the language in the contract as written. Others in the firm will represent him when he out of town. Mr. Maurer stated that his second point is that he cannot make out Mr. Smith's signature, and perhaps the old-fashioned law school he attended advised him to have a signature that could not be deciphered. Vote on the Resolution: Mrs. Boring, yes; Vice Mayor Salay, yes; Mr. Reiner, yes; Mr. Gerber, yes; Ms. Chinnici-Zuercher, yes; Mayor Lecklider, yes. Resolution 37-10 Authorizing the City Manager to Execute a Grant Agreement with Clean Fuels Ohio. Vice Mayor Salay introduced the resolution. Mr. Burns stated that this resolution authorizes a grant agreement with Clean Fuels Ohio to disburse grant monies from the U.S. Department of Energy for the City of Dublin compressed natural gas (CNG) project. This project consists of replacement of 44 gasoline-burning light duty vehicles. These vehicles are included in the vehicle replacement schedule of the CIP. Some modifications are needed to the fleet maintenance facility to allow the mechanics to work on the CNG vehicles. This includes replacement of an HVAC system and some work on the electrical systems, fans, and sensors. The third component of this project is modifications to the City's existing fueling facility to dispense compressed natural gas. He noted the following: • Dublin is one of 21 different partners in the state that have joined with Clean Fuels of Ohio to apply for and secure this grant. • Dublin will have two partners in the project. Mark McHale of IGS Energy is present to address Council tonight about their involvement. They are contributing $275,000 to the project. The second partner is Clean Fuels of Ohio, and Sam Spofforth, Executive Director is present tonight. They have provided their expertise and support in applying for this grant. • He provided aerials and slides of the location of the facility at the Service Center and pictures of the equipment needed. • The total project cost is approximately $3.7 million. Of that, $1.5 million is for the replacement vehicles and conversions for the vehicles. Approximately $1,093,000 of those funds were previously programmed in the CIP for replacement of vehicles. • Approximately $933,300 is needed to fund the fueling equipment —the actual compressor and dispensers. Administrative costs for the project are estimated at $29,008 for City staff time. RECORD OF PROCEEDINGS Minutes of _ Dub-1 City Council Meeting DAYTON LEGAL BLANK,INC.,FORM NO.10148 _ August 23, 2010 Page 18 Held 20 • Modifications to the fleet building that are necessary are estimated at $516,000. Approximately $300,000 of that is for replacement of the HVAC system. Due to its age, this replacement would have been programmed in the five-year CIP had this project not been proposed. • Approximately $1.5 million in grant reimbursements are anticipated. IGS Energy is contributed $275,000, and the City will invest $1.9 million. Out of this, $1,093,000 and $300,000 would have been programmed in the five-year CIP, absent this project. • Benefits of the compressed natural gas are that it is less expensive than gas or diesel fuel - the savings will depend upon the cost of these fuels; natural gas prices do not historically follow petroleum prices, so a spike in petroleum prices does not generally impact natural gas rates. • Staff estimates $20,000 in fuel savings in the first year of operation. The more vehicles converted over time will bring more savings. • There is a reduction of 25-30 percent emissions with CNG over gasoline, and 65- 70 percent over diesel fuel. • This will result in less dependence upon foreign oil and decreased vehicle maintenance costs. • Regarding the timeline, with grant approval tonight, it will be submitted this month. Staff would then proceed with purchasing the equipment, as the gas compressor has a lead time for ordering of 6-7 months. Some additional design work will occur in September through December of 2010; the project will be bid in February 2011; permitting in March and construction in April through August of 2011; the vehicle purchases will begin in February 2011, with the expectation of having the vehicles in place when the system is operational. He invited Mark McHale of IGS and Sam Spofforth of Clean Fuels Ohio to address Council. Mark McHale, Director of Communications Director stated that they are pleased to partner in this project for Dublin. IGS employees 200 at their headquarters in Dublin and provides natural gas and related energy services in seven states, including Ohio. IGS believes as an energy company that it is an important proposition to be a cutting-edge leader relative to efficient energy options and to make those options available to the City of Dublin. IGS is the largest independent natural gas supplier in the United States. This project positions IGS Energy nicely to provide the services, counsel and expertise necessary for this initiative. CNG is a very safe, abundant and clean-burning fuel as compared with oil and other petro energies. IGS believes this opportunity brings an environmentally conscious and economically efficient new energy option to the City and represents the first step toward alternative fuel sources outside of petroleum or oil-based products. IGS is uniquely positioned to partner with the City of Dublin and Clean Fuels Ohio on this CNG project, and looks forward to helping make this happen. Sam Spofforth, Executive Director, Clean Fuels Ohio noted they are a statewide, non- profit organization whose mission is to reduce the state and nation's dependence on petroleum-based fuels for transportation, increase our national energy security, help our environment, and support Ohio's economy. They help to develop public/private partnerships, work with local governments and businesses on projects that will displace petroleum with cleaner burning, often Ohio-based fuels. This project represents an opportunity to use federal recovery funds . Dublin was one of 21 partners they are working with to apply for the $11 million available funds. The $11 million leveraged about $18-19 million more, for a total of$30 million overall for projects. Dublin is the third largest project in terms of dollar amount in this grant, and the second largest one in terms of a government entity seeking this grant. This is one more example of Dublin's leadership in environmental issues, and he congratulated Dublin for their vision, which will result in economic and environmental benefits. He thanked staff members who have worked with them. The projects around the state are already stimulating the market and interest among private sector parties and other public entities interested in leveraging these opportunities. Mayor Lecklider commented that Council is looking forward to the partnership with IGS and Clean Fuels Ohio, and thanked staff for their hard work on this project. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK.INC„FORM NO.10149 August 23, 2010 Page 19 Held 20 Wallace Maurer, 7451 Dublin Road stated that this again reflects the innovativeness of Dublin. In the memo, on page 3, it indicates that"grant terms and conditions require limited public access to the fueling facility." Some examples of public fleet include the schools, township, and an example of a private enterprise is listed as Stanley Steemer. What determines the access by private enterprise? Is it availability or upon request? Mr. Burns responded that the vision and plan is to have limited public access by small fleets within Dublin or in close proximity. If Stanley Steemer would like to convert their vans to CNG, the City would be willing to discuss this possibility with them. Mr. Maurer summarized that requests for access will therefore be considered. Mr. Burns responded affirmatively. Vote on the Resolution: Mr. Reiner, yes; Mrs. Boring, yes; Ms. Chinnici-Zuercher, yes; Vice Mayor Salay, yes; Mayor Lecklider, yes; Mr. Gerber, yes. Resolution 38-10 Declaring Certain City-Owned Property as Surplus and Authorizing the City Manager to Dispose of Said Property in Accordance with Section 37.08 of the Dublin Codified Ordinances. Vice Mayor Salay introduced the resolution. Mr. Thurman stated that this resolution authorizes disposal of 15 vehicles on govdeals.com. This disposal is done two to three times per year. The memo outlines each vehicle to be disposed of and the reason. He offered to respond to questions. Vice Mayor Salay asked if all of these items are posted on govdeals and if the items are expected to sell. Mr. Thurman responded affirmatively. Ms. Grigsby added that the review of fleet utilization, led by Ms. Crandall is looking at the types of vehicles, size of the fleet, and ensuring that the right vehicles are used for the right job. Some of the vehicles listed have been identified for disposal and will not be replaced in an effort to right size the fleet. Mayor Lecklider noted that the information indicates three Crown Victoria's were wrecked. Were these police cruisers? Mr. Thurman responded that these three were totaled and were then replaced. Two of the newer vehicles had parts that could be salvaged for use on other City vehicles. Vote on the Resolution: Vice Mayor Salay, yes; Mayor Lecklider, yes; Mr. Gerber, yes; Mrs. Boring, yes; Mr. Reiner, yes; Ms. Chinnici-Zuercher, yes. Mrs. Boring suggested that the fee waiver be considered at this time, prior to the next presentation. Council did not object. STAFF COMMENTS • Fee waiver request - Lyndsey & Kyle Memorial 5K Run Ms. Grigsby stated this letter is a request for waiver of the fees for City services provided by Streets and Utilities for this 5K Run. The cost study provides for a waiver of fees if the waiver is recommended by the City Manager and subsequently approved by City Council. In this case, when the information was reviewed about the needed City services, the information provided by the City to the race director, Kristy Anderson provided only police services costs. When the request came to Finance for the Police costs as well as Streets and Utilities costs, staff did not have the ability to waive those fees. The streets and utility fees were not included in their projected cost of the race. Staff is recommending that the fees for Streets and Utilities services for the Lyndsey & Kyle Memorial 5K run be waived, based upon the fact that the information was not provided to the race sponsors. Kristy Anderson, Race Director, 7325 Frasier Road, Westerville stated that she is representing the family tonight and is accompanied by Lyndsey's mother. All of the proceeds from this race do benefit the Dublin community, as they are split equally between Lyndsey's and Kyle's scholarship funds, which benefit Dublin students. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting OAYTON LEGAL BLANK,INC.,FORM NO.10148 August 23, 2010 Page 20 Held 20 Vice Mayor Salay moved approval of the fee waiver request, based on the information provided by the Finance Director. Mr. Gerber seconded the motion. Vote on the motion: Mr. Reiner, yes; Vice Mayor Salay, yes; Mrs. Boring, yes; Ms. Chinnici-Zuercher, yes; Mayor Lecklider, yes; Mr. Gerber, yes. Ms. Chinnici-Zuercher added that these types of requests for City services are often reviewed in the hotel/motel tax grant process. She suggested that the packet of information provided to event organizers includes the alternate ways to fund City services. Ms. Grigsby responded that when applicants come in for event review, staff can provide that information to them. OTHER • MORPC Upper Scioto Watershed Planning Partnership Mr. Goodwin stated that Planning has provided a summary memo describing MORPC's Upper Scioto Watershed Planning Partnership. Jerry Tinianow, Director of MORPC Center for Energy and Environment is present to provide additional information and respond to any questions. Mr. Goodwin stated that this initiative began in 2009. It is a state-endorsed program designed to protect and enhance Ohio's waterways through comprehensive planning, using natural watershed boundaries as target planning areas. MORPC began this process by focusing on the Olentangy watershed as a pilot project. This summer, MORPC announced they would pursue initiatives for the four remaining major watersheds that comprise the Central Ohio region. Those include the Big Walnut, Walnut Creek, Big Darby, and Upper Scioto watersheds. The goal is to have a balanced growth plan, and a key component of the plans is identification of planned conservation areas and planned development areas at a regional level. These are not intended to designate specific land uses to the specificity in the future land use map, but to provide a general, shared understanding at the watershed level of where resources might be allocated for conservation or development efforts. He noted the following: • The Upper Scioto watershed includes 38 communities, over 400,000 residents, covers 520 square miles, and spans five counties. Dublin has a population of 40,000 and comprises 10 percent of the watershed population and covers about 25 square miles or five percent of the land area. • The watershed planning partnerships are completely voluntary. MORPC is seeking involvement from each of the member communities that reside within the watershed. • The process is a combination of technical analysis and community review/input. The end result of these partnerships consists of recommendations only and not mandatory requirements. They are not binding to any community. Any existing plans of a community will therefore stand. • Potential benefits are that participating communities may be eligible for priority consideration for state funding and technical assistance; and they may be eligible for improved interest rates for various projects when associated with a planned conservation or development area as included in the adopted plan. • There is a benefit to seeking regional coordination of existing plans. It provides an opportunity to ensure that local plans are integrated into a regional planning effort and to advocate for planning efforts from Dublin's perspective. • Existing plans in communities would be referenced as baseline criteria when considering conservation and development recommendations. • MORPC has also requested that any community seeking to participate in a partnership formally assign a representative — Council Member, community or staff member—to the group. This person would be expected to attend monthly working groups to establish the criteria used for identifying conservation development areas and to pursue general decisions about the process of establishing the balanced growth plan. This person would be a voting member, representing the City of Dublin. • Some additional information was provided, including a model resolution to be approved by the local community affirming the intent to join the partnership. If Council is supportive of this initiative, the resolution can be scheduled for the September 13 Council meeting. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK,INC.,FORM NO.10148 August 23, 2010 Page 21 Held 20 Jerry Tinianow, Director, MORPC Center for Energy and Environment noted that introductory meetings for this watershed were actually held in Dublin a few weeks ago. He emphasized that there are three characteristics of this process. It is voluntary and MORPC cannot compel anyone to join; if they do join and the plan is adopted, a community cannot be compelled to implement the plan recommendations. Secondly, the process is very consensus-based. In order to adopt a balance growth plan, a partnership requires a vote of 75 percent approval of the jurisdictions, and also 75 percent by land and 75 percent by population. This process has been done in four watersheds in northern Ohio and has been successful. Finally, this is an incentive-based system. The communities in the watershed form a new entity where they attempt to coordinate their planning processes according to certain agreed upon criteria. The state is supportive of this cooperation and therefore provides incentives in the form of additional points in grant competitions, favorable loan rates in state programs, and there may be specific programs set up just for areas that have been planned through these partnerships. A number of communities have expressed interest in having a meeting in this region in September. The process itself can require 18-24 months. He clarified that the correct terms are "priority conservation areas" and "priority development areas" as this process does not cover the entire community, but focuses on priorities —those areas that are most important, based upon criteria developed throughout the watershed. Mr. Goodwin apologized for misstating this, and added that the memo does include the correct terms. Ms. Chinnici-Zuercher asked what the ideal background is for someone who serves on this partnership. Mr. Tinianow responded that the focus is on those who do not necessarily have a technical background in planning. In addition to working group meetings, there will be educational programs for the participants. The smart growth manual will be distributed to all participating jurisdictions. The key characteristic of the representative is interest in this project, and if the representative cannot attend a particular meeting, they can send a substitute. Ms. Salay asked for the locations of the meetings. Mr. Tinianow responded that he expects them to be held 4-6 p.m. on a weekday. In this watershed, most of the meetings will likely be in Dublin. Mayor Lecklider moved to direct staff to schedule a resolution for Dublin to join the partnership for the September 13 Council agenda. Council agreed that staff should recommend a staff member to be appointed as Dublin's representative. Vice Mayor Salay seconded the motion. Vote on the motion: Mr. Reiner, yes; Ms. Chinnici-Zuercher, yes; Mr. Gerber, yes; Mayor Lecklider, yes; Vice Mayor Salay, yes; Mrs. Boring, yes. STAFF COMMENTS Mr. Foegler reported: 1. The Recreation Center's annual shutdown for cleaning and maintenance will take place from Saturday, August 28 through Monday, September 6. During the shutdown, restroom renovations will be done, as well as retiling of locker room hallway, replacement of lockers throughout the facility, and deep cleaning, painting and general maintenance. 2. The DCRC parking lot will be completely demolished and rebuilt during this time period. Staff anticipates all the major work will be completed before the re-opening on September 7. 3. The second C1P workshop is scheduled for Monday, August 30 at 6:30 p.m.; the economic development work session on Thursday, September 9 at 6 p.m.; and the Bridge Street corridor work session with consultants on Monday, October 4 at 6 p.m. COUNCIL COMMITTEE REPORTS/COUNCIL ROUNDTABLE Ms. Chinnici-Zuercher stated: 1. The Bicentennial project updates tonight are a great example of the outcome of Council's recommendation to open this planning up to the community versus RECORD OF PROCEEDINGS Minutes of _Dublin City Council Meeting DAYTON LEGAL BLANK,INC.,FORM NO.10148 August 23, 2010 Page 22 Held 20 having staff take the lead. Dublin has a very creative group of people residing in the community! 2. Mr. Maurer had a great suggestion regarding the partnership among Cardinal Health, Schwinn and others. The City often does not consider that many in the community would have a particular interest in City initiatives and could participate, lending their expertise and resources. 3. With the partnership with IGS on the compressed natural gas project, the City will be able to work collaboratively with a company who has a major presence in Dublin. This also represents an opportunity to be a best practices city and help other cities learn about this. Mrs. Boring commented that during Mr. Foegler's 18 months as City Manager, his work has "jump started" a critical need for a process to redevelop an area of major concern for many citizens. For this, she will be forever grateful. She is hopeful that this work will continue, and that the energy will result in progress toward this goal. She wished him the best of luck in his new position at OSU! Mr. Gerber commented: 1. The third quarter financial review meeting is scheduled for Monday, October 11 at 6 p.m. 2. He notes that the pending items for Finance committee list includes a second quarter review for Special Events. If this remains a priority item for Council, he would prefer that this discussion take place prior to the operating budget review for 2011. The alternative would be to have this discussion regarding events at the budget workshop. In response to a request to clarify, Mr. Foegler indicated that this came about as a result of last year's operating budget discussion and a subsequent review at the cost of services study, where more in-depth analysis was presented about the direct and indirect costs of events. Council had discussed at that time that an entire workshop should be scheduled for a comprehensive discussion about events. Perhaps the reports provided in follow-up to events this year have been sufficient to address Council's desire for more information. It is Council's preference about whether they would desire a separate workshop on this topic. Mayor Lecklider asked for Council input. Mrs. Boring suggested that perhaps Council could wait until after the Events review during the 2011 operating budget to assess the need for further discussion. Vice Mayor Salay added that she recalls this workshop was intended to review the direct and indirect costs of events, and what the actual impacts are. Council reviews the budget information for events, but it does not include the indirect costs of staff time, etc. Once the information is shared, Council may view these differently. However, with all of the priorities for Council at this time, it might be best to review this in the first quarter of 2011 so that recommendations could be incorporated into the events in 2012, if changes are desired. Mr. Gerber agreed. He recalls that Council felt the need for additional information about the costs for events, and for discussion about Council's role and participation in various events. Perhaps some in-depth discussion can take place at the operating budget in November, and perhaps a workshop can be scheduled early in 2011, if desired by Council. 3. He thanked Mr. Foegler for his great service. He will be missed, but as a Dublin resident, he will still be in the community. He wished him all the best! Vice Mayor Salay thanked Mr. Foegler for his service to the City. Council has learned much from him, and she is hopeful that the energy garnered will continue going forward. Mayor Lecklider: 1. Apologized to Mr. Hahn for overlooking him in the acknowledgements for the National Wildlife Certification. He thanked him for his efforts as well as those of the Parks staff. 2. Noted he is hopeful that Mr. Foegler as a Dublin resident will remain engaged in the Dublin community in the future. Council certainly would welcome any sharing of his thoughts or insights at any time in the future. RECORD OF PROCEEDINGS Minutes of Dublin Cityeou.nc.il Meeting DAYTON LEGAL BLANK,INC.,FORM NO,10148 _ August 23, 2010 Page 23 Held 20 ADJOURN TO EXECUTIVE SESSION Mayor Lecklider moved to adjourn to executive session for discussion of legal, land acquisition and personnel matters. He noted that the meeting would be reconvened only to formally adjourn. No further action will be taken this evening. Vice Mayor Salay seconded the motion. Vote on the motion: Mrs. Boring, yes; Ms. Chinnici-Zuercher, yes; Mr. Reiner, yes; Mr. Gerber, yes; Mayor Lecklider, yes; Vice Mayor Salay, yes. The meeting was adjourned at 10:45 p.m. Following executive session, the meeting was reconvened and adjourned at 11:30 p.m. Mayor< res .ing Officer , --)-vvvvec, a._ deet4i, Clerk of Council