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HomeMy WebLinkAboutCouncil Minutes 09-12-2011RECORD OF PROCEEDINGS Minutes of Dublin City Council Meet ing September 12, 2011 Mayor Lecklider called the Monday, September 12, 2011 Regular Meeting of Dublin City Council to order at 5:30 p.m. at the Dublin Municipal Building. ADJOURNMENT TO EXECUTIVE SESSION Mr. Keenan moved to adjourn to executive session for personnel and legal matters. Mr. Gerber seconded the motion. Vote on the motion: Mr. Reiner, yes; Ms. Chinnici - Zuercher, yes; Vice Mayor Salay, yes; Mayor Lecklider, yes; Mr. Gerber, yes; Mr. Keenan, yes. Mrs. Boring arrived at 5:40 p.m. and joined the session. The meeting was reconvened at 7:45 p.m. (Due to time constraints, the form -based Code workshop was rescheduled for Monday, September 26.) A short recess followed until the Regular Meeting was convened at 7:15 p.m. 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, Mr. Keenan and Mr. Reiner. Staff members present were Ms. Grigsby, Stephen Smith, Jr., Mr. McDaniel, Chief von Eckartsberg, Ms. Crandall, Mr. Hahn, Ms. Puskarcik, Mr. Langworthy, Mr. Thurman, Mr. Harding, Mr. Earman, Mr. Hammersmith, Ms. Ott, Ms. Gilger, Ms. Husak, and Ms. Colley. PROCLAMATIONS /SPECIAL RECOGNITION • Hunger Action Month — Mid -Ohio Food Bank Mayor Lecklider proclaimed September 2011 as "Hunger Action Month" in the City of Dublin. Colin Baumgartner, Director of Communications, Mid -Ohio Food Bank accepted the proclamation. Mr. Baumgartner noted that the Dublin Food Pantry is a strong partner of the Mid -Ohio Food Bank. This observation of "Hunger Action Month" is about communities taking action to combat hunger. They encourage everyone to volunteer, hold a food drive or a fundraiser to support efforts to end hunger in Central Ohio and across the country. He thanked Council for their support of this effort. CITIZEN COMMENTS There were no comments from citizens regarding items not on the agenda. CONSENT AGENDA Mayor Lecklider noted that eight items are proposed for action on the consent agenda and asked whether any Council Member requests removal of an item for further consideration under the Regular agenda. Hearing none, he moved to waive the Council Rules of Order to utilize a consent agenda and to approve the actions as proposed on the consent agenda. Vice Mayor Salay seconded the motion. Vote on the motion: Mr. Reiner, yes; Mrs. Boring, yes; Mr. Gerber, yes; Ms. Chinnici- Zuercher, yes; Mr. Keenan, yes; Vice Mayor Salay, yes; Mayor Lecklider, yes. 1. Acceptance of Correspondence — No hearing requested a. Notice to Legislative Authority - transfer of D5 and D6 liquor permits from Creekside Entertainment Company dba Mezzo Restaurant, 12 W. Bridge Street Patios & Balcony to Remyrht Limited dba Mezzo Patios & Balcony, 12 West Bridge Street b. Notice to Legislative Authority - Economic Development Transfer (TREX) of DI and D2 liquor permits (in safekeeping) from Walt Italian LLC dba Benvenuti Ristorante, 8130 -34 Broadview Road, Broadview Heights, Ohio RECORD OF PROCEEDINGS Minutes of Du blin City Council Meeting September 12, 2011 Page 2 44147 to Piada Avery Road LLC, dba Piada, 6335 Perimeter Drive, Dublin, Ohio 43017 2. Approval of Minutes o Regular Meeting of August 22, 2011 3. Ordinance 49 -11 (Introduction/ First Reading) Authorizing the City Manager to Execute Necessary Conveyance Documentation for the Acquisition of a 0.667 Acres, More or Less, Fee Simple Interest from Mary Ann Moore (5551 Avery Road). 4. Ordinance 51 -11 (Introduction/ First Reading) Authorizing the City Manager to Execute Necessary Conveyance Documentation for the Acquisition of a 0.025 Acres, More or Less, Permanent Sidewalk Easement, and a 0.035 Acres, More or Less, Temporary Construction and Grading Easement from Kevin O'Connor and Karen O'Connor. 5. Ordinance 52 -11 (Introduction/ First Reading) Authorizing the City Manager to Execute Necessary Conveyance Documentation for the Acquisition of a 0.023 Acres, More or Less, Permanent Sidewalk Easement, and a 0.054 Acres, More or Less, Temporary Construction and Grading Easement from William G. Robson. 6. Resolution 45 -11 (Introduction /Vote) Authorizing the City Manager to Execute an Easement with American Electric Power for the Installation of Electric Service for the Dublin Road Water Tower. 7. Resolution 46 -11 (Introduction /Vote) Authorizing the City Manager to Execute Necessary Conveyance Documentation for the Acquisition of a 0.086 Acres, More or Less, Temporary Construction and Grading Easement from Charles E. Lambert and Charlotte B. Lambert. 8. Approval of Final Plat — Tartan Ridge, Section 2, Part 1 (Case 08- 004FDP/FP) ORDINANCES — SECOND READING /PUBLIC HEARING /VOTE Ordinance 40 -11 Adopting the 2012 -2016 Five -Year Capital Improvements Program. Mr. Thurman reported that CIP workshops were held on August 15 and 29, and a recap of the meetings was included in the packet. Any changes as a result of direction given at the workshops have been incorporated into the CIP document. He pointed out that the document does not accurately reflect a change to the timing of the Glick Road multi -use path project. The design, acquisition and construction were accelerated by one year, but the two phases of construction to complete the entire path were not moved into the five -year CIP. As a result, in next year's CIP update, this will be adjusted accordingly. The timing of the completion of the project is dependent upon when the design is completed. Staff recommends approval of Ordinance 40 -11. He offered to respond to questions. Mr. Reiner asked for clarification about the Glick Road multi -use path. The concern expressed by Council at the workshops was that the project was broken down into phases. When is the design portion to be completed? Mr. Thurman responded that design is programmed for 2012. Mr. Reiner asked what portion would then be constructed in 2013. Mr. Thurman responded that, depending upon completion of design, the construction could then be programmed. Construction could potentially take place in 2013, if the project is ready to move forward. Ms. Grigsby added that the design for the entire multi -use path along Glick Road is currently programmed for 2012, and land acquisition is programmed for 2013. However, if the land is dedicated to the City, there will be no need for an acquisition phase and the construction could be accelerated into 2013. Currently, this would be one phase of the project. However, as part of the update to the CIP next year, staff can evaluate the ability to have the work completed in 2013, as well as any funding issues associated with accelerating the additional $750,000 identified in the beyond RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting September 12, 2011 Page 3 Held 20 2016 category in the CIP at this time. The path can potentially be constructed in 2013, but currently, this is only one phase. Mr. Reiner stated that he recalls that Council's discussion indicated the desire for a continuous path, completed at one time, versus a piecemeal construction process. Ms. Grigsby responded that once the design is completed, it would help identify any potential issues and the ability to complete the construction in 2013. Mr. Reiner added that in a letter sent to Council by the MuirFeld Association, there is anticipation of the path being completed at an earlier date, and the commitment to donate any land needed for the project. He would like to see more of this civic spirit for public improvement projects on private property. Ms. Grigsby confirmed that, at this point, at least Phase 1 can be accelerated to 2013, and potentially the entire path. Again, a key item is the completion of the design process in 2012. Mr. Reiner noted that the path would provide students with access to Deer Run, and also to the zoo and Zoombezi Bay. There are no sidewalks in place for them to use and the road is not curbed. Ms. Grigsby confirmed the intent is to complete the design in 2012. The other factor involved is the Brand Road and the Dublin Road South multi -use path construction and the ability to have these projects all underway simultaneously. Based on Council's direction, the design for the Glick Road path was already moved up to 2012. Mr. Reiner stated that from an engineering /architectural standpoint, the project along Glick does not seem complicated, as the roadway is straight with wide right -of -way and few obstructions. Ms. Grigsby agreed that this project would be less complicated than the Dublin Road South project. Mr. Reiner stated that he hopes that the construction can be done quickly along Glick. Mayor Lecklider added that, practically speaking, this is one of the longest single lengths of multi -use path that will ever have been constructed, assuming it is all done in one season. Ms. Grigsby agreed, noting that the Dublin Road bikepath north to Glick was done in phases. This will be one of the longest phases completed at one time. Mrs. Boring asked about the Amberleigh Community Park development. She recalls an idea was suggested about a pedestrian path across the Scioto River, but she is not certain that Council gave direction to include this in the CIP. She asked for the intent of including this item. Ms. Grigsby stated that, based upon direction at the workshop, the intent is that this pedestrian bridge is identified as something to consider in terms of feasibility. Currently, it is not included in programming, but is something identified as a potential component for evaluation of feasibility and further discussion at future CIP reviews. Vice Mayor Salay agreed, noting she believes a pedestrian bridge is a great idea, providing connection for pedestrians from east to west. In the future, there will be a park on the east side, which can be integrated into the park system. The ability to link both sides of the river for pedestrians is exciting. In the future, it could connect to a bikepath along Riverside Drive. For her, it is a long -term concept for consideration — not for funding at a date certain. Mrs. Boring responded that the current concentration of City efforts is in Historic Dublin. The Amberleigh community was not supportive of the bridge, and they have expressed some concern about a pedestrian connection as well. It would be advisable to explain that this is a concept and is not in the Community Plan at this point. Mayor Lecklider added that this concept would be considered very far in the future, and he assumes that the park would be developed in accordance with the plan in place. This is a considerable expense, given the current emphasis on the Bridge Street Corridor. Ms. Grigsby stated that there are still two additional and substantial phases of the Amberleigh Community Park to be completed. The intent is to document this RECORD OF PROCEEDINGS Dublin City Council September 12, 2011 Meeting Page 4 pedestrian bridge idea so that it is not lost going forward. There is no plan to program this now or in the future. Vote on the Ordinance: Ms. Chinnici - Zuercher, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mayor Lecklider, yes; Mr. Gerber, yes; Mr. Keenan, yes; Vice Mayor Salay, yes. Ordinance 46 -11 Authorizing Settlement in the Litigation City of Dublin v. The Post Hylands Co., Case No. 11 AP- 219/08CV- 17957. Ms. Grigsby stated that this item is related to an eminent domain lawsuit regarding the interchange improvement at US33 /161 /Post Road. The City filed a lawsuit in December 2008 for eminent domain. Recently, the Franklin County Court of Common Pleas ruled in favor of the City, allowing the City to abandon the appropriation. Once that ruling was made, the City had further discussion with the property owners and came to agreement that, in addition to the funds posted with the court, the City would make an additional payment of $100,000 and acquire the entire parcel. The original case was posted for slightly less than 1.8 acres, and the City will obtain an additional 3.5 acres — the remainder of the parcel. This will settle the case, with the understanding that part of the City's reason for pursuing this is that sometime in the future, the interchange will need to be improved — whether by the City or with partners working in conjunction with the City. The goal was to resolve this litigation as well as obtain the right -of -way needed for a future improvement of the interchange. Staff recommends approval of Ordinance 46 -11. Vote on the Ordinance: Mrs. Boring, yes; Mr. Gerber, yes; Ms. Chinnici - Zuercher, yes; Mr. Keenan, yes; Vice Mayor Salay, yes; Mr. Reiner, yes; Mayor Lecklider, yes. Ordinance 47 -11 Authorizing the Provision of Certain Incentives to Kentrox to Induce it to Retain and Grow an Office and Associated Operations and Workforce within the City, and Authorizing the Execution of an Economic Development Agreement. Ms. Gilger reported that the company representatives contacted the City late this afternoon and indicated they are re- evaluating their need to leave the current facilities on the Stanley Steemer campus. At this time, they are requesting the ordinance be tabled indefinitely. Ms. Chinnici - Zuercher moved to table the ordinance indefinitely. Mr. Gerber seconded the motion. Vote on the motion: Mayor Lecklider, yes; Mr. Keenan, yes; Ms. Chinnici - Zuercher, yes; Mr. Gerber, yes; Mrs. Boring, yes; Vice Mayor Salay, yes; Mr. Reiner, yes. Ordinance 48 -11 Authorizing the Provision of Certain Incentives to the Wendy's Company to Induce it to Locate a Headquarters Office and Associated Operations and Retain and Grow its Workforce within the City, and Authorizing the Execution of an Economic Development Agreement. Ms. Gilger stated that the proposal takes into account the retention of 390 existing jobs, bringing the headquarters back to Dublin with an additional 50 jobs from Atlanta, and an $11 million investment by the Wendy's Company into the existing Dublin facility. Of the $8.2 million in the incentive package, $1.2 million is in fiber optic asset value and cost avoidance. The remaining payments are over a ten -year period. In addition, the facility lies within an existing tax increment financing district, which will allow the City to collect service payments for additional public improvements in the Bridge Street area. She noted that Denny Lynch of Wendy's is present to address Council. RECORD OF PROCEEDINGS Du blin City Council Meeting September 12, 2011 Page 5 Held 20 Denny Lynch, Sr. Vice President of Communications, Wendy's stated that this is a proud day for the company, relocating the headquarters to Dublin where it rightfully belongs. Many of the City Council and staff were at the headquarters when the announcement was made, which brought spontaneous applause from the employees. They are thrilled to be in Dublin and thrilled that Dublin wants Wendy's to be in Dublin! The incentives offered were a major factor in the decision to relocate the headquarters back to Dublin. The company did engage in a due diligence effort to understand what other opportunities existed. However, Dublin brought a very good offer to the table, and the company felt it was in the best interests of the company to accept that offer. Wendy's has design work underway on the renovation of the headquarters building and is anxious to get the work underway in order to complete as much as possible in 2012. They plan to add a building that will house a meeting facility for employees and a fitness center. As a lifetime resident of Dublin, he personally is thrilled that Wendy's has made this decision! Wendy's is proud that the City of Dublin focuses on retaining existing jobs in the City as well as pursuing new economic development. Mayor Lecklider thanked Mr. Lynch for being present this evening and noted that the City is very excited and proud that Wendy's has decided to relocate their headquarters back to Dublin, and that they plan to expand the headquarters as well. The City looks forward to a continued great relationship with Wendy's. Vote on the Ordinance: Mr. Gerber, yes; Mr. Reiner, yes; Vice Mayor Salay, yes; Mrs. Boring, yes; Mayor Lecklider, yes; Mr. Keenan, yes; Ms. Chinnici - Zuercher, yes. ORDINANCES - INTRODUCTION/ FIRST READING Ordinance 50 -11 Adopting and Enacting a Supplement (S -30) to the Code of Ordinances for the City of Dublin, Ohio. (Request to dispense with public hearing) Vice Mayor Salay introduced the ordinance. Ms. Grigsby stated that this updates the Code to include local as well as state legislation changes since the last update. Mr. Gerber moved to dispense with the public hearing. Mr. Reiner seconded the motion. Vote on the motion: Mayor Lecklider, yes; Mrs. Boring, yes; Vice Mayor Salay, yes; Mr. Reiner, yes; Mr. Gerber, yes; Mr. Keenan, yes; Ms. Chinnici - Zuercher, yes. Vote on the Ordinance: Mr. Keenan, yes; Ms. Chinnici - Zuercher, yes; Mr. Gerber, yes; Mr. Reiner, yes; Vice Mayor Salay, yes; Mayor Lecklider, yes; Mrs. Boring, yes. RESOLUTIONS — INTRODUCTION /VOTE Resolution 44 -11 Amending the Council Rules of Order to Provide for a Consent Agenda. Vice Mayor Salay introduced the resolution. Mr. Smith stated that this provides for use of a consent agenda for routine, administrative matters. The proposed changes affect three sections of the Council Rules: 1) Section 8 now includes a consent agenda and lists the items that may be handled under the consent agenda, including correspondence, minutes, first reading of routine ordinances, resolutions and administrative matters; 2) Section 11.01 amendment provides that any Council Member may withdraw an item from the consent agenda; and 3) Section 11.13 amendment provides that the consent agenda is an item not subject to debate. There were no questions. Vote on the Resolution: Mr. Reiner, yes; Mayor Lecklider, yes; Mrs. Boring, yes; Vice Mayor Salay, yes; Ms. Chinnici - Zuercher, yes; Mr. Keenan, yes; Mr. Gerber, yes. RECORD OF PROCEEDINGS Dublin City Council Meeting September 12, 2011 Page 6 OTHER • Riverside Drive Park Naming — "Thaddeus Kosciuszko Park" Mr. Hahn stated that the land tract referred to as "Riverside Drive Park" is under development at this time. This proposal is to name this park after the previous owner of the land, Thaddeus Kosciuszko. The Dublin History Book referred to lands along the Scioto River as once belonging to him, received in payment for his service during the Revolutionary War. Many war debts were paid by Congress with the issuance of land tracks, and in this case, a 500 -acre land tract was given to Kosciuszko in 1796. During the public process for design of this park, an area resident pointed out that this 40- acre land tract now owned by the City was part of that 500 -acre land tract. After reading the history of this Revolutionary War hero, it is apparent that he was a very important person in the war. He was the first foreigner appointed by Continental Congress as an officer within the U.S. Army. He was a military engineer by training, as outlined in the fact sheet provided in the packet. During and after the war, he was close personal friends with Thomas Jefferson and George Washington. After the war, he returned to his native Poland and tried to establish democracy in that country, which was then ruled by a monarch. Mr. Hahn summarized that this park naming would recognize the important historical figure who once owned the land. Hopefully, this type of recognition would stimulate more interest in an important time in the history of the U.S. This is a fitting way of recognizing Thaddeus Kosciuszko's contributions to our country. He offered to respond to questions. Mr. Reiner asked if there is an actual abstract with his name on it. Mr. Hahn responded affirmatively — the City has a copy of this abstract, which was issued under the signature of John Adams. Ms. Chinnici - Zuercher stated that she has some concerns about selecting a name, which is difficult to pronounce. Would the plaque include the phonetic spelling? Mr. Hahn responded that if this name is selected, the City would have to include some onsite education about this historic figure, as well as the phonetic spelling of his name. Mrs. Boring commented that it is a fascinating story, but she is concerned that the City did not have an open process that would have brought other suggestions forward. She would advocate referring this matter to the Parks and Recreation Commission. After all other suggestions are considered, this may be the choice, but she would like to have a public input process used as in the past. Mr. Hahn asked for clarification about who would be polled in such a process. Mrs. Boring responded that staff references the existing park- naming process, and there are several procedures outlined in the policy. She recommends having PRAC explore this further. Mr. Hahn responded that staff will follow the direction of Council, but given the tie to history for this land, staff is supportive of this historical name. Mrs. Boring reiterated that she wants the public to be invited into the process. She is seeking more of a connection to the City for a name, and these may be brought forward in other suggestions. Mr. Reiner stated that he concurs with staff regarding the proposed name. This is a compelling story of a Revolutionary War hero with ties to the Dublin community. Kosciuszko's impressive credentials and associates and his concerns for personal freedom at a time when slavery and serfdom were common in the world is a great story for the young people of the community. It is wonderful that this person owned a piece of land in Dublin, Ohio and he supports this proposed name. Mayor Lecklider asked for Council input. RECORD OF PROCEEDINGS Dublin City Council MeetinP September 12, 2011 Page 7 Vice Mayor Salay asked staff how the information about the park name would be displayed at the park. Perhaps a copy of the abstract that indicates the land was given to Thaddeus Kosciuszko for his service could be part of the information. Some of the trees on this site date back to the Revolutionary War, and they are an extraordinary piece of natural history. Mr. Hahn confirmed that the white oak tree on this site is definitely several hundred years old. Staff would share information in narrative fashion about this story on site because it offers an important history lesson to visitors to the park. Vice Mayor Salay agreed. The interest is in the story, and having it available on site is a great opportunity for learning about history. She agrees with Mrs. Boring in principle about the naming process, but is willing to make an exception in this case, based on the compelling story. Mr. Keenan moved to approve staff's recommended name for this park of "Thaddeus Kosciuszko Park." Mr. Gerber seconded the motion. Mr. Reiner asked if this park would warrant a state historical marker. Mr. Hahn responded that there is an historical marker to the north along Riverside Drive on the larger land tract, but it is somewhat hidden from view. Staff could discuss relocation of this plaque with the State of Ohio. Vote on the motion: Mr. Keenan, yes; Ms. Chinnici - Zuercher, yes; Mr. Reiner, yes; Mayor Lecklider, yes; Mr. Gerber, yes; Mrs. Boring, no; Vice Mayor Salay, yes. STAFF COMMENTS Ms. Grigsby reported that as Council is aware, she and Mr. Harding have been involved in the process of conducting the recruitment and selection for the Deputy City Manager /Director of Finance and Administration position. Ms. Angel Mumma has been selected as the preferred candidate. The Revised Charter requires that the Director of Finance position is appointed by the City Manager, subject to the consent and approval of City Council. Ms. Grigsby described the national search process, which resulted in applications brought 84 candidates from across the nation applied for the position. She and Mr. Harding completed Round 1 interviews, and then selected four candidates for a panel review and discussion. The individuals serving on the panel were Mr. Harding, Chief von Eckartsberg, Ms. Crandall, Mr. Tyler and herself. As part of the initial review and the panel discussion, the preferred candidate was identified unanimously as Ms. Mumma. Ms. Mumma has served with the City of Gahanna for the past 12 years in the capacity of Deputy Finance Director, and as Director of Finance for nearly two years. She has an MBA from Ashland University and a BSBA from The Ohio State University. In addition, she is a member of the Ohio Government Finance Officers Association. She has been nominated by Business First as a finalist for the 2011 Government Chief Financial Officer of the Year award. Based upon this, and the review process that has taken place, she recommended the appointment of Angel Mumma to the position of Deputy City Manager /Director of Finance and Administration, and respectfully requested Council's consent and approval in accordance with the Revised Charter. Ms. Chinnici - Zuercher moved approval of the recommendation of the City Manager to appoint Ms. Mumma to the position of Deputy City Manager /Director of Finance and Administration. Mr. Reiner seconded the motion. Vote on the motion: Mr. Gerber, yes; Mr. Reiner, yes; Vice Mayor Salay, yes; Mrs. Boring, yes; Mr. Keenan, yes; Ms. Chinnici - Zuercher, yes; Mayor Lecklider, yes. RECORD OF PROCEEDINGS Minutes of D ublin City Council September 12, 2011 Page 8 COUNCIL COMMITTEE REPORTS /COUNCIL ROUNDTABLE Mr. Gerber stated that attending the Field of Honor over the weekend was a very moving experience. The presentations by Chief von Eckartsberg and Chief Woo were very well done. It is impressive what this community can do when everyone comes together! Mr. Keenan reported that he met this morning with Mr. McDaniel and Mr. Burns regarding an overview of the City's leaf collection program. They have made some positive tweaks to this excellent program. Hats off to staff for this fine service provided to residents. Ms. Chinnici - Zuercher: 1. Stated that she concurs with the positive comments of Mr. Gerber regarding the Field of Honor dedication on Saturday. It was an excellent program and a good opportunity for the community to come together and honor others. 2. Reported that she and Ms. Grigsby attended the MORPC Board meeting last Thursday. The materials from the meeting will be placed in the Council conference room for review. Mr. Reiner reported that the Healthy Dublin program has some upcoming events of note. He complimented Ms. Crandall for securing Caldwell Esselstyn, M.D. of the Cleveland Clinic to speak about preventing and reversing heart disease on Sunday, October 30 at the Abbey Theater at 2 p.m. On October 23, the movie "Forks Over Knives" will be shown at the Abbey Theater at 2 p.m. These are made possible due to the grant monies from Medical Mutual, which are to be used for public education on wellness issues. Mayor Lecklider asked staff to include this information on the website. Ms. Crandall responded that this would be added to the website. The official re- launch of Healthy Dublin is on Sunday, October 2 with a community health fair. These programs will follow later in October. Vice Mayor Salay reported that she has received the Clerk of Council's self - evaluation, and materials will be distributed to Council to complete the evaluation process. Mayor Lecklider stated that he is proud of the community and the efforts in supporting the Field of Honor. It was impressive on a number of different levels — not only the people involved in supporting it, but there was a steady stream of visitors to the site — both day and night. It was rewarding to see this community-wide involvement by all age groups, and by the boy scouts who tended to the site over Saturday and Sunday night and still attended school on Monday. It was a good effort by everyone and is much appreciated. ADJOURNMENT The meeting was adjourned at 8:10 p.m. Clerk of Council