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HomeMy WebLinkAboutCouncil Minutes 11-28-2011RECORD OF PROCEEDINGS Minutes of Dublin City ('ouncil Meeting November 28, 2011 Vice Mayor Salay called the Monday, November 28, 2011 Regular Meeting of Dublin City Council to order at 6:18 p.m. at the Dublin Municipal Building. AD30URNMENTTO EXECUTIVE SESSION Vice Mayor Salay moved to adjourn to executive session for personnel, land acquisition and legal matters. Mr. Gerber seconded the motion. Vote on the motion: Vice Mayor Salay, yes; Ms. Chinnici - Zuercher, yes; Mr. Gerber, yes; Mrs. Boring, yes; Mr. Keenan, yes; Mr. Reiner, yes. (Mayor Lecklider joined the session at 6:25 p.m.) The meeting was reconvened at 7:00 p.m. PLEDGE OF ALLEGIANCE Vice Mayor Salay led the Pledge of Allegiance. ROLL CALL Present were Mayor Lecklider, Vice Mayor Salay, Mrs. Boring, Ms. Chinnici - Zuercher, Mr. Gerber, Mr. Keenan and Mr. Reiner. Staff present were Ms. Grigsby, Mr. Smith, Mr. McDaniel, Ms. Mumma, Chief von Eckartsberg, Mr. Harding, Ms. Crandall, Mr. Hammersmith, Mr. Hahn, Mr. Langworthy, Mr. Earman, Ms. Ott, Mr. Sova, Mr. Thurman, Ms. Martin, and Mr. Clarey. PROCLAMATIONS /SPECIAL RECOGNITION Mayor Lecklider presented a proclamation to the Dublin Coffman High School boys cross country team who won the Division I State Championship on November 5, 2011. Coach Biegler and the following members of the team accepted the proclamation: Adam Davidson, John Sotos, Mark Ruf, Mike Smithhisler, Grant Onken, Zach Bons, Steve Riley - Popovich, Roshan Jayanti and Vishesh Javangula. Coach Biegler made brief comments, after which Council congratulated the team for this outstanding achievement! CITIZEN COMMENTS There were no citizen comments. CONSENT AGENDA Mayor Lecklider noted that nine 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. Mrs. Boring requested that Resolution 60 -11 be removed from the consent agenda and considered separately. Mayor Lecklider moved approval of the action for the eight remaining items as proposed on the consent agenda. Mr. Gerber seconded the motion. Vote on the motion: Vice Mayor Salay, yes; Mayor Lecklider, yes; Mr. Reiner, yes; Mr. Gerber, yes; Mrs. Boring, yes; Ms. Chinnici - Zuercher, yes; Mr. Keenan, yes. 1. Approval of Minutes of November 14, 2011 Council Meeting 2. Ordinance 65 -11 (Introduction /First reading) Petitioning the County Commissioners of Franklin County, Ohio for Annexation of Approximately 31.049 Acres of Land, Located on Houchard Road, to the City of Dublin. (Second reading /public hearing December 12, 2011 Council meeting) 3. Ordinance 66 -11 (Introduction/ First reading) Adopting Certain Accounting and Financial Reporting Provisions, as Required by Governmental Accounting Standards Board Statement Number 54. (Second reading /public hearing December 12 Council meeting) RECORD OF PROCEEDINGS Min utes of Meeti Dublin City Council V November 28, 2011 Page 2 4. Ordinance 68-11 (Introduction/ First Reading) Authorizing the City Manager to Execute Necessary Conveyance Documentation to Acquire a 17.692 Acre, More or Less, Fee Simple Interest from The Ohio State University, and Declaring an Emergency. (Second reading /public hearing December 12 Council meeting. 5. Ordinance 69 -11 (Introduction/ First Reading) Authorizing the City Manager to Execute the Necessary Documents to Accept the Dedication of 0.311 Acres, More or Less, of Right -of -Way from Duke Realty Ohio. (Second reading /public hearing December 12 Council meeting) 6. Resolution 59 -11 (Introduction /vote) Accepting the Lowest /Best Bid for the Hutchins Bikepath Project. 7. Resolution 61 -11 (Introduction /vote) Authorizing the City Manager to Execute Necessary Conveyance Documentation to Acquire a 0.042 Acres, More or Less, Temporary Construction Easement from Kenneth E. and Linda M. Porter. S. Acceptance of Final Plat Shamrock Crossing South Amended Lot 1(Case 11- 05717P) LEGISLATION INTRODUCTION /PUBLIC HEARING /VOTE — RESOLUTION (REMOVED FROM CONSENT AGENDA) Resolution 60 -11 Accepting the Lowest /Best Bid for the Post Road Booster Station Improvements Project. Vice Mayor Salay introduced the resolution. Ms. Grigsby stated that Mr. Hammersmith is available to respond to any questions regarding this matter. Mrs. Boring noted that the staff report indicates the project is scheduled for completion by May 25, 2012. Considering the experience with delays for the Blazer Parkway water tower painting project, does the contract for the Post Road Booster Station improvements include penalties if the project is not completed on schedule? Mr. Hammersmith responded affirmatively. As with all City construction contracts, there is a provision for liquidated damages, should the contractor not meet the deadline without a justifiable reason for the delay. For example, in the case of the Blazer tower, there were some calamity weather days, which delayed the work and the contractor did receive credit for that. The booster station project does include a long lead time for ordering the pumps prior to installation. He shared a photo of the pumps to be replaced. Vote on the Resolution: Ms. Chinnici - Zuercher, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr. Keenan, yes; Mr. Gerber, yes; Mayor Lecklider, yes; Vice Mayor Salay, yes. SECOND READING /PUBLIC HEARING /VOTE - ORDINANCES Ordinance 59 -11 Rezoning Approximately Four Acres Located on the South Side of West Dublin - Granville Road at the Intersection with Shamrock Boulevard from PUD, Planned Unit Development District (Shamrock Crossing — Subarea B), to PUD, Planned Unit Development District (Shamrock Crossing — Subarea B [Revised]). (Case 11- 057Z/PDP/FDP) Ms. Martin stated that there is no additional information to provide at this time. The applicant's representative and the design team for the project are present. Chris Cline Blaugrund law firm 300 W. Wilson Bridge Road, Worthington stated that the team is present to respond to any questions. He introduced them as follows: David Lanning, Vice President of Development, HCR ManorCare; Dan Dokken, Vice President, RECORD OF PROCEEDINGS Dublin City Council Meeting November 28, 2011 Page 3 LawKingdon Architecture, Wichita, KS; and Dave Saneholtz, Principal of Poggemeyer Design Group, Bowling Green, Ohio. Mr. Lanning, Vice President of Development, HCR ManorCare thanked staff for working with them over the past nine months on this project. They are looking forward to being part of the community and long -term members of the City. Mrs. Boring thanked Mr. Cline for his e-mail response regarding the potential for name confusion with Heartland Bank. She asked that he provide this response verbally for the record. Mr. Cline stated that in regard to the confusion with Heartland Bank, the actual name of this facility will be the Heartland Health Care Center of Dublin. In research with the Secretary of State's office, there are 656 Heartland registered businesses in the state of Ohio and therefore, this name is very much in the public realm. They do not anticipate any issues with respect to using the name Heartland. Ms. Chinnici - Zuercher commented that she is aware this is not the prototype building they typically construct and they have made many modifications to be in the Dublin community. This will be an important visual piece of the Bridge Street Corridor and will set the stage for the area, along with Leo Alfred Jewelers. Perhaps they will want to use this prototype in the future at another location. Mayor Lecklider asked, in light of where this project is situated and the status of the Bridge Street Corridor Code, and in light of the fact that the plan they have presented is nearly 100 percent compliant with the BSC Code — what is the legal status for the development in terms of timing, etc. Mr. Cline responded that they are focusing on a spring groundbreaking, which would follow two months of detailed architectural drawings being submitted to obtain a building permit. Mayor Lecklider asked -- assuming this project is approved tonight prior to Council's approval of the Bridge Street Corridor Code -- what effect does the Bridge Street Code have on this particular application? Mr. Langworthy responded that there are provisions in the BS Code that protect projects in this situation. The applicant has been very cooperative in working with staff and was very close to compliance with the future Code. Staff is satisfied that if anything in the application does not meet Code, there are protections in place. Mr. Smith added that there are three or four specific projects in a similar situation. Mr. Langworthy noted that there are a couple of others projects that have been through rezoning and final development plan review but have not been constructed. Some of them have time limits that will expire at some point. Vice Mayor Salay asked if staff could provide a brief memo about such projects and their location, and whether they fit or do not fit into the Bridge Street Code. Mr. Langworthy responded that staff has already researched this and can provide this information to Council. Mr. Cline pointed out that it is Council's purview to provide applicants with such protection, as a future Code could override what is approved tonight. They are relying upon Council to provide protection to them for what is approved. Mayor Lecklider stated this has been staffs recommendation throughout the BSC process. Mr. Keenan commented that this rehabilitation facility is much needed in Dublin, based on his family's personal experience. Mr. Cline acknowledged staff for their diligence in learning the Code and applying it to a project. He has been very impressed by the professionalism of the staff who have worked with them. Mr. Reiner commended the applicant for the architectural turnaround in meeting the spirit of the new Code. RECORD OF PROCEEDINGS Dublin City Council November 28, 2011 Meeting Page 4 Vote on the Ordinance: Ms. Chinnici - Zuercher, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mr. Gerber, yes; Mr. Keenan, yes; Mayor Lecklider, yes; Vice Mayor Salay, yes. Mayor Lecklider moved to waive the Council Rules of Order and to consider Ordinances 61- 11, 62 -11, 63 -11 and 64 -11 together. Vice Mayor Salay seconded the motion. Vote on the motion: Mrs. Boring, yes; Mr. Gerber, yes; Mr. Keenan, yes; Mr. Reiner, yes; Mayor Lecklider, yes; Vice Mayor Salay, yes; Ms. Chinnici- Zuercher, yes. (The clerk read the property owner names into the record.) Ordinance 61 -11 Authorizing the City Manager to Execute Necessary Conveyance Documentation for the Acquisition of a 0.183 Acres (with 0.143 Acres as Present Road Occupied), More or Less, Fee Simple Interest, and a 0.027 Acres, More or Less, Temporary Construction Easement from David H. Throndsen and Lori M. Throndsen. Ordinance 62 -11 Authorizing the City Manager to Execute Necessary Conveyance Documentation for the Acquisition of a 0.023 Acres, More or Less, Permanent Utility and Drainage Easement, and a 0.055 Acres, More or Less, Temporary Construction Easement from Lester R. Eyre and Shirley A. Eyre. Ordinance 63 -11 Authorizing the City Manager to Execute Necessary Conveyance Documentation for the Acquisition of a 0.291 Acres (with 0.162 Acres as Present Road Occupied), More or Less, Fee Simple Interest, a 0.249 Acres (with 0.138 Acres as Present Road Occupied), More or Less, Fee Simple Interest, a 0.162 Acres, More or Less, Permanent Utility and Drainage Easement, a 0.224 Acres, More or Less, Permanent Utility and Drainage Easement, and a 0.162 Acres, More or Less, Temporary Construction Easement from Suzanne B. Feasel, Trustee. Ordinance 64 -11 Authorizing the City Manager to Execute Necessary Conveyance Documentation for the Acquisition of a 0.155 Acres (with 0.086 Acres as Present Road Occupied), More or Less, Fee Simple Interest, a 0.086 Acres, More or Less, Permanent Utility and Drainage Easement, and a 0.022 Acres, More or Less, Temporary Construction Easement from Suzanne B. Feasel. Mr. Hammersmith stated that these acquisitions are related to the Hyland- Croy /Brand Road roundabout project. He shared slides depicting the locations of each of the acquisitions. 1. The Throndsen property acquisition involves total compensation agreed upon of approximately $1,000. It includes a small piece of permanent right -of -way and a temporary easement. 2. The Eyre property acquisition involves total compensation agreed upon of $2,500. 3. The Feasel and Feasel Trust acquisitions involve total compensation agreed upon of $139,760. He offered to respond to questions, noting that staff recommends approval of the four ordinances. Vice Mayor Salay asked when construction is anticipated for this roundabout. Mr. Hammersmith responded that it is programmed in the CIP for 2012. Once this acquisition phase is completed, there are utility relocations needed. Initially, the project was programmed in 2011, but the acquisitions have required a longer period of time. There is one remaining acquisition to be done at the northeast corner of the intersection. Vice Mayor Salay stated that she would like this project to be completed before school begins next year. It is difficult for traffic to move around the school areas during such projects. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting November 28, 2011 Page 5 Mr. Hammersmith responded that the challenge is having a compressed construction schedule and working around the Tournament, school schedules, Irish Festival, July 4` celebration, etc. It would require exceptionally good spring weather to complete this project before school begins in 2012. Once the utilities are relocated, the project could begin in the spring. One of the components of the project is a bridge replacement just south of the intersection, and that will require some time to perform. Vice Mayor Salay stated that, in view of the number of students who travel through this intersection each day, it will be very problematic. Is it possible to schedule this over two construction seasons? Mr. Hammersmith responded that maintaining a construction zone for a project over the winter period results in more problems. His recommendation would be to begin the project in spring and hope for good weather in order to complete the project as soon as possible. Ms. Grigsby added that staff has had discussions with the School District and Dr. Axner regarding the City's intent with this project. The goal is to have it completed to the extent possible in the summer, recognizing the impact on the Schools. She noted that Dublin Schools dedicated the property on the northeast corner of Hyland- Croy /Brand to the City for this project. They have been working cooperatively with the City on this project for a number of years. Ms. Chinnici - Zuercher stated that there are limited alternatives for accessing Dublin Jerome — as opposed to Dublin Coffman. There may be a need to direct traffic away from Hyland -Croy more deliberatively than at Dublin Coffman, based on the limited options for accessing Dublin Jerome. Mr. Hammersmith stated that, as always, the goal is to complete the project as quickly and safely as possible. Mayor Lecklider asked if staff anticipates that through traffic will be maintained in both directions at nearly all times during the project. Mr. Hammersmith responded that staff continues to evaluate a maintenance of traffic plan. There is an option of complete closure, which accelerates construction or maintaining traffic through the intersection, which prolongs construction. He believes that having motorists drive through a construction area puts them at risk, and a complete closure brings fewer complaints in the long run. The Perimeter /Commerce project and the changing routes during construction were confusing to motorists as the routes did not meet their expectations. Ms. Grigsby stated that staff will update Council about the preferred options for traffic management prior to any award of the construction bid. Staff will also keep the Schools updated on this process. Vote on Ordinances 61 -11, 62 -11, 63 -11 and 64 -11: Mrs. Boring, yes; Vice Mayor Salay, yes; Mr. Reiner, yes; Mr. Keenan, yes; Mr. Gerber, yes; Ms. Chinnici - Zuercher, yes; Mayor Lecklider, yes. INTRODUCTION /FIRST READING — ORDINANCES Ordinance 67 -51 Authorizing the Provisions of Certain Incentives for the Purposes of Encouraging the Expansion of Nestle USA, Inc., dba Nestle Quality Assurance Center within the City of Dublin, Which Include Declaring Improvements to Certain Real Property, Including Real Property to be Developed as a Nestle USA, Inc., dba Nestle Quality Assurance Center Facility, to be a Public Purpose, Describing the Public Infrastructure Improvements to be Made to Benefit Such Real Property, Requiring the Owners Thereof to Make Service Payments in Lieu of Taxes, Providing for the Franklin County Treasurer to Distribute Service Payments to the Dublin City School District and the Tolles Career & Technical Center in the Amount Each Would Otherwise Receive Absent the Exemption, Creating a Municipal Public Improvement Tax Increment Equivalent Fund for RECORD OF PROCEEDINGS Dublin City Council Meeting November 28, 2011 Page 6 the Deposit of the Balance of Such Service Payments, and Authorizing the Execution of Certain Real Estate Purchase and Conveyance Agreements and an Economic Development and Tax Increment Financing Agreement, All in Connection Therewith, and Declaring an Emergency. Mayor Lecklider invited staff to comment regarding Ordinance 67 -11 prior to its introduction. Ms. Grigsby stated that the representatives of the Nestle company contacted staff today and requested that this item be rescheduled for introduction /first reading at the December 12 Council meeting. Mayor Lecklider moved to postpone the introduction /first reading to the December 12 Council meeting. Vice Mayor Salay seconded the motion. Vote on the motion: Mayor Lecklider, yes; Mr. Reiner, yes; Mrs. Boring, yes; Vice Mayor Salay, yes; Mr. Gerber, yes; Ms. Chinnici - Zuercher, yes; Mr. Keenan, yes. Ordinance 70 -11 Rezoning Approximately 16.26 Acres Located on the South Side of Shier Rings Road at the Intersection with Baronscourt Way from PCD, Planned Commerce Development District to PUD, Planned Unit Development District. (Dublin Service Center). (Case 11- 058Z /PDP /FDP) Vice Mayor Salay introduced the ordinance. Mr. Langworthy stated that this is a project undertaken for the Service Center. A project previously approved called for basketball and other recreational facilities to be built, along with pond landscaping. The Service Center is now requesting the addition of 39 employee parking spaces in that area. Five of the spaces will be of a new type of pervious pavement that the City is testing. Drainage, three rain gardens and some bio swales are also included in the" plan to accommodate storm water. Planning & Zoning Commission reviewed the project and recommended approval without conditions. Planning staff recommends approval of the Ordinance at the December 12 public hearing. There were no questions or comments. There will be a second reading /public hearing at the December 12 Council meeting. INTRODUCTION /PUBLIC HEARING /VOTE - RESOLUTIONS Resolution 62 -11 Authorizing the City Manager to Enter into a Collective Bargaining Agreement with the Fraternal Order of Police — Ohio Labor Council regarding Wages, Hours and Terms and Conditions of Employment for Employees within the Communications Technician Bargaining Unit. Vice Mayor Salay introduced the resolution. Mr. Harding stated that a detailed memo was provided in the packet, together with the proposed collective bargaining agreement and related attachments. This agreement would cover 12 employees within the Communications Technician bargaining unit, which is located within the Division of Police. The term of the agreement is for three years, extending from January 1, 2012 through December 31, 2014. The proposed agreement consists of 36 articles and, as noted in the final negotiation status report, the parties agreed to maintain current contract language in 30 of the 36 articles. There are substantive changes to six articles. This agreement: 1. Provides for an annual wage increase beginning January 1, 2012 of 1.75 percent; 2.5 percent increase effective 1/1/13; and a 2.5 percent increase effective 1/1/14. 2. Includes increases in longevity pay that will bring this bargaining unit up to the same level as the non -union staff and members of the United Steelworkers bargaining unit. 3. Provides for $.20 per hour increase in shift differential pay. 4. Provides for continuation of the current PPO health insurance plan through 2012; beginning January 1, 2013, the unit would convert to the high deductible or Consumer Drive Health Plan with health savings accounts. This is the same plan currently in place for non -union staff and members of the United Steelworkers bargaining unit. RECORD OF PROCEEDINGS Minutes of Meeting Dublin City Council November 28, 2011 Page 7 5. Includes minor increases in vacation accruals. 6. Includes an eight -hour increase in personal leave. He noted that the bargaining unit ratified this agreement unanimously, and staff recommends Council adoption. He offered to respond to any questions. Mayor Lecklider thanked Mr. Harding for his summary, and for his efforts and those of the City's team — Mr. Harding, Chief von Eckartsberg, Ms. Ruwette, and Ms. Maier. Council appreciates everyone's efforts in reaching this agreement. Vote on the Resolution: Mrs. Boring, yes; Mr. Gerber, yes; Ms. Chinnici- Zuercher, yes; Mr. Keenan, yes; Mr. Reiner, yes; Mayor Lecklider, yes; Vice Mayor Salay, yes. STAFF COMMENTS There were no comments from staff. COUNCIL COMMITTEE REPORTS /COUNCIL ROUNDTABLE Mrs. Borino: 1. Asked Mr. Hammersmith for an update on the crosswalks in Historic Dublin and the overhead flashing light installation. She has observed people crossing without activating the crosswalk light. Mr. Hammersmith responded that this work is continuing, but the lights are not completely operational at this point. One component of the improvements that will not be complete until spring is the color to be installed on the brick. It is temperature sensitive, and 50 degree plus weather for an extended period is necessary for this to dry. 2. Asked Mr. Earman about the soccer league discussion at the Parks and Recreation Advisory Commission and the Dublin residency issue. She recalled that Council's direction was that the club teams would have a requirement that a certain percentage be Dublin residents. Mr. Earman responded that each of the agreements between the club teams and the Dublin Soccer League does include a maximum number of teams that are allowed to use Dublin fields. There is also a 75 percent Dublin residency rate applied to those agreements. Mrs. Boring asked if this residency requirement is articulated in the City of Dublin /Dublin Soccer League agreement. Mr. Earman responded that the City/DSL agreement does not specifically state the percentage requirements for residency. Mrs. Boring noted that another issue is related to the number of teams and the City's desire to prioritize the needs for recreational users. There is a finite field capacity and perhaps the City needs to further consider this aspect. Mr. Earman responded that the capacity issue has been discussed in the three contracts he has been involved with and has been a term of each agreement. The current agreements have a one -year term, so the issues can be revisited as warranted. The Dublin Soccer League and the City are currently conducting a field use assessment to gain more knowledge of the Feld capacities, who is using the fields, and to ensure the formulas are appropriate to accommodate as many players as possible, without having detrimental impacts to the fields. 3. Noted that a positive comment was included on Facebook regarding the Nando Dog Park. The users of the dog park are taking pride and ownership of this facility, which is a very positive thing and should be noted. Vice Mayor Sala y noted that Council had previously expressed interest in having economic development as the focus topic for the goal setting retreat. She asked that Council Members and staff forward any suggestions for the retreat agenda, so that planning can begin. Mayor Lecklider reminded everyone of the tree lighting ceremony and Santa's arrival at 6 p.m. on Thursday, December 1 in Historic Dublin! ADJOURNMENT The meeting was adjourned at 7:45 p.m. RECORD OF PROCEEDINGS Minu of Meetin Dublin City Council November 28, 2011 Page 8 LJc, Clerk of Council