HomeMy WebLinkAbout05-21-12 Council MinutesRECORD OF PROCEEDINGS
Minutes of Dublin City Council Liee�ing
May 21, 2012
Mayor Lecklider called the Monday, May 21, 2012 Regular Meeting of Dublin City Council
to order at 6:30 p.m. at the Dublin Municipal Building.
ADJOURNMENT TO EXECUTIVE SESSION
Mayor Lecklider moved to adjourn to executive session for discussion of land acquisition
matters (to consider the purchase of property for public purposes) and legal matters (to
confer with an attorney for the public body concerning disputes involving the public body
that are the subject of pending or imminent court action).
Ms. Chinnici - Zuercher seconded the motion.
Vote on the motion: Mr. Gerber, yes; Ms. Chinnici - Zuercher, yes; Mayor Lecklider, yes;
Mrs. Boring, yes; Mr. Keenan, yes.
(Mr. Reiner and Vice Mayor Salay joined the session in progress.)
The meeting was reconvened at 7:00 p.m.
PLEDGE OF ALLEGIANCE
Mr. Reiner 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, Ms. Readier, Mr. McDaniel, Ms. Mumma, Chief
von Eckartsberg, Ms. Gilger, Mr. Langworthy, Mr. Hammersmith, Mr. Harding, Mr. Hahn,
Ms. Crandall, Ms. Puskarcik, Mr. Earman, Ms. Ott, Ms. LeRoy, Ms. Husak, Mr. Goodwin, Ms.
Burness, Ms. DiSalvo and Ms. Burkholder.
Mayor Lecklider stated that Council Members are wearing red poppy flowers in recognition
of Memorial Day. He briefly described the origin of this tradition, which dates back to
1918. In 1922, the VFW became the first veterans organization to sell poppies and
adopted the poppy as its official memorial flower. Council Members are proud to wear this
symbol in recognition of all who have died serving our country. On behalf of Council, he
invited the community to attend Dublin's Memorial Day services, which will begin at 11
a.m. Monday and includes ceremonies at the Dublin Cemetery and the Grounds of
Remembrance at Dublin Veterans Park. The community also is invited to gather for a
complimentary picnic lunch on the grounds of the Dublin Library at 12:30 p.m.,
immediately following the ceremony.
SPECIAL PRESENTATION /PROCLAMATIONS
Recognition of Michael Holland - Senior Men's World Champion
Mayor Lecklider presented a proclamation to Michael Holland, dancer with the
Richens /Timm Academy of Irish Dance, Dublin, Ohio who won the Gold Medal at the 2012
Senior Men's World Championship in Irish Dance, held in April in Belfast, Northern Ireland.
Michael began his studies with the Richens/Timm Academy when he was five, and his
success is a tribute to the continuing legacy of excellence with which the Academy honors
its founder, Ann Richens (1940- 2011). On behalf of Council, the Mayor proclaimed
Saturday, August 4, 2012 during the Dublin Irish Festival as "Michael Holland Day" in
recognition of Michael's win of the Gold Medal in the Senior Men's World Irish Dancing.
Presentation of Gifts from Lord Mayor of Dublin, Ireland - Andrew Montague
John Timm Director Richens/Timm Academy of Irish Dance stated that Michael Holland
and some other Academy dancers were in Dublin, Ireland for the All Ireland Dance
Championships and hand delivered an invitation to the Lord Mayor to attend the Dublin
Irish Festival 25'" Anniversary celebration. They spent a day at the Lord Mayor's Mansion
in Dublin, Ireland and an hour with the Lord Mayor, Andrew Montague touring the Lord
Mayor's Mansion and history of the Lord Mayor's role. Michael Holland and Lindsay
Faraday performed an Irish dance for the Lord Mayor. Since winning the World
Championship, Michael has also received a letter of congratulations from the Lord Mayor
of Dublin. They presented the Lord Mayor with gifts from the Dublin Irish Festival and he,
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Lylimttes of Dublin City Council Meeting
May 21, 2012
in turn, sent them home with a few gifts and a letter in response to the City's invitation. He
thanked the City for the invitation, but regrets he will be unable to attend as his term as
Lord Mayor of Dublin, Ireland, ends on June 25. The invitation will be held on file, and the
next Lord Mayor of Dublin will consider it when he or she takes office. He sends best
wishes to the Mayor and the Festival Committee for their 25`" anniversary celebration. He
then presented the gifts to Mayor Lecklider who accepted them on behalf of the City.
2012 Chief's Award of Excellence /Division Award of Merit Presentation
• Detective Sergeant Bill Krayer
• Detectives Robert Davis, Scott Davis, Evan Pridham, Eric Gilleland
Chief von Eckartsberg introduced the members of the Dublin Detective Bureau, who will
be receiving awards tonight: Detective Sergeant Bill Krayer, and Detectives Robert Davis,
Scott Davis and Eric Gilleland. Detective Evan Pridham was unable to be present. Earlier
in 2012, some armed robberies and a homicide occurred in Dublin. Arrests were made on
February 23, and the full investigations were recently concluded. Since the completion of
that investigation, a number of officers have been recognized for their work in helping to
bring this case to a successful conclusion. Give the role of the members of the Dublin
Detective Bureau, he believes it is appropriate to provide specific recognition at a Council
meeting. He read a Citation of Appreciation, and presented the officers with the Division's
Award of Merit and the Chiefs Award of Excellence.
Council Members expressed their appreciation and thanks to the officers.
Update from Dublin Arts Council — David Guion, Exec. Director
David Guion, Executive Director stated that he is providing a second update for 2012 from
the Dublin Arts Council (DAC). There has been much discussion about the agreement
between the City and DAC and an agreement is being drafted to clarify expectations
between DAC and the City. The process actually began in August 2006, and various
discussions have occurred at the Finance Committee of the Whole, Community
Development Committee, Study Sessions and staff -to -staff conversations. He noted the
following:
The focal point of the agreement is to clarify how DAC is to expend the annual hotel -motel
tax endowment funds. The funding endowment is the first of a series of items addressed
in the agreement.
The agreement also covers public art -- how it defined, clarification of responsibilities in
the process, and how the City and DAC will work together to create the most effective
public art program.
Other key components include arts education in the community, community arts grants,
City services, and reporting.
The DAC had some ideas and changes, which they presented to staff. These are points of
discussion, not of disagreement or contention. They are ready to meet at any time to
discuss the agreement.
Draft City /DAC Aareement
The latest version of the agreement is based upon several iterations that the City and DAC
have presented over the past five years. DAC received a draft on May 8, and Council
Member Reiner, the DAC Board Liaison, has reviewed the draft. It is now under review by
a special committee of the DAC Board of Directors. The DAC committee suggestions will
be reviewed by their full Board at its next meeting on July 10. They look forward to
developing a document that clarifies DAC's role, as they strive to fulfill their mission to
engage the community, cultivate creativity and foster life -long learning through the arts.
Town Pump Public Art
Included in Council packets was a memo about the town pump project. Artist Mike
Tizzano began discussions in 2009 through a presentation he gave to Dublin Arts Council
with Carl Karrer. The DAC is waiting for feedback from City staff to advise them if Mr.
Tizzano will be able to manage the process appropriately. They would like to make the
development, production and installation part of a larger educational program, which
impacts life -long learners. He believes that public art, within context is much more
effective and more appreciated.
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Emerald Parkway Bridge over U.S. 33 Public Art
They met with City staff in early April to discuss this project. Their initial site visit on April
10 was postponed. They are also awaiting an opportunity to meet with ODOT and to
meet and evaluate the LAND Studio recommendations. They met with a Columbus artist
earlier this month to discuss a Columbus bridge project, and they will develop a call for
artists after the research is completed. Mr. Guion noted that he will attend the Americans
for Public Art Network pre- conference next month. He will garner more information from
people who represent some of the best public art programs in the U.S. to learn of their
experiences with highway and bridge projects. His staff has been researching online
project applications, mainly Cafe, an online application that streamlines the process. It is a
more sustainable approach, as digital uploads require no disc or paper to process. They
anticipate that it will cost approximately $25,000 to administer the call for the next public
art commission. This is based on experience with the Bicentennial art commission.
Summers at Scioto Concert
This program is in its 29 year. They thank the City for ensuring safety for the patrons
through the Dublin Police Division. Two City employees also assist with parking and trash
removal. The event has corporate support from Cardinal Health, IGS, Fifth Third, Porter
Wright Morris & Arthur and media support.
Shifting Perspectives
They are in the planning stages for "Shifting Perspectives in the Community," which will
take place September 25 - November 2. They are already receiving national attention for
the exhibition. They believe this type of program promotes Dublin and shows the arts as
a catalyst for change. The Art Scene documentary, which was created at last year's
exhibition, is being nominated for an Ohio Valley Emmy Award. Cardinal Health and the
Dublin Foundation have committed funding, and grant requests are pending with the
Greater Columbus /Franklin County Neighborhood Arts Programs and the Ohio Arts Council.
Miscellaneous Updates
Nine of their eleven arts camps are operating, and there is a waiting list. In the first
quarter of the Cell Phone Tour, they received calls from over 20 states, and over 16,000
interactions with the Riverbox Project in 2011. In terms of the visual arts series, over
91% of their professional gallery exhibitions in the last five years have received critical
reviews. They invite everyone to visit their new website, which is interactive and provides
dynamic and extensive information. It was created with an in -kind contribution of services
by Madison and Fifth, a Columbus -based design firm.
Ms. Chinnici - Zuercher asked where the town pump art piece would be located.
Mr. Guion responded that he believes it is to be placed at the Bridge and High site.
Ms. Chinnici - Zuercher inquired if Mr. Tizzano is creating the town pump piece.
Mr. Guion responded that it would be a sculpture that incorporates the town pump. The
initial design, which he viewed in 2009, was of an adult and two children with the pump.
Ms. Chinnici - Zuercher requested that he clarify his statement that $25,000 is needed to
administer the call for artists for the Emerald Parkway Bridge Project.
Mr. Guion responded that approximately $7,500 is spent on artist honorariums; $2,000 for
artists' travel and lodging; $2,000 for final presentations; and $2,250 for juror
honorariums and travel.
Ms. Chinnici - Zuercher asked if the $25,000 is needed to make the decision regarding
which artist will be commissioned.
Mr. Guion clarified that the monies will be used for the artist selection for the Emerald
Parkway /US 33 art project.
Ms. Chinnici - Zuercher asked what amount is identified for the actual artwork.
Ms. Grigsby responded that is one of the issues to be addressed. The total amount
budgeted is $150,000. The question is whether the $25,000 for artist selection comes out
of that $150,000, or if it should be an additional allocation from the City.
Ms. Chinnici - Zuercher asked when the final agreement is anticipated to be completed.
Ms. Grigsby responded that, as noted in the memo in the Council packet, staff is
anticipating receipt of the comments that Mr. Guion and his Board are working on in
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regard to the draft agreement. Staff anticipates having those comments in time to be able
to schedule a meeting this summer.
Ms. Chinnici - Zuercher stated that she understood Mr. Guion to indicate his comments had
already been provided to staff.
Mr. Guion responded that he did share his comments with Dublin staff last October, but
they were not incorporated in the agreement, so they are beginning again.
Ms. Chinnici - Zuercher asked what period of time is needed for Mr. Guion and the DAC
Board to provide the comments again to staff.
Mr. Guion responded that he has not shared them with DAC's legal counsel or with his
Board, because the comments were first to be reviewed by the City's Law Director.
Ms. Grigsby clarified that there was an initial draft based on early discussions, and then
some feedback and specific questions were provided to staff. She does not believe that
draft has been reviewed.
Ms. Ott stated that the Law Director's office reviewed it late last summer, and a draft was
provided to the DAC in October. Staff received verbal feedback on that draft from DAC,
but staff has requested written feedback for the Community Development Committee's
consideration. Staff is presently waiting for that information from the DAC.
Ms. Chinnici - Zuercher asked when Mr. Guion was made aware that his verbal comments
needed to be provided in writing.
Mr. Guion responded that he and Ms. Ott met last October and discussed ideas and
changes. However, those were verbal, not in writing.
Ms. Chinnici - Zuercher noted that nothing can then move forward until the comments are
in writing.
Mr. Guion responded that he understands that, and he would be happy to provide all
that has been discussed in writing. However, he was told by City staff that the Law
Director would review this prior to sharing it with the DAC Board or legal counsel.
Ms. Chinnici - Zuercher summarized that an agreement has been in process for six years.
In the meantime, conflict continues over the City's responsibility versus DAC's
responsibility. She requests that closure be brought to this matter, enabling everyone to
be on the same page, looking at the same document. She asked if the Community
Development Committee members had reviewed the proposed agreement.
Mr. Reiner stated that he has reviewed it. He asked when Mr. Guion would be able to
meet with the Community Development Committee to conclude this discussion.
Mr. Guion responded that he could meet at any time.
Ms. Chinnici - Zuercher stated that if Mr. Guion has not shared his requests with the DAC
Board or legal counsel, what can he actually discuss with the CDC?
Mr. Guion stated that, although none of his requests have been incorporated into the
proposed agreement, at any time he can discuss the items that he will present in writing.
Ms. Chinnici - Zuercher asked if it was staffs understanding that the City would present a
revised document as a result of that verbal discussion.
Ms. Grigsby responded that, as Ms. Ott mentioned, discussions occurred but it was
necessary to have the requests in writing to facilitate understanding and the ability to
address them. Staff is waiting for that information from the DAC. The hope is that
information will be ready to be presented to the CDC this summer for review.
Ms. Chinnici - Zuercher asked when Mr. Guion would be able to provide his comments in
writing to the City.
Mr. Guion responded that he could provide that information tomorrow morning. The
issue is that his Board and legal counsel have not seen them.
Mr. Reiner inquired how quickly that review could occur.
Mr. Guion responded that it can occur as soon as he schedules the meeting.
Mr. Reiner inquired if staff believes it is possible for the CDC to meet in early June to
conclude the discussion.
Ms. Grigsby responded that as soon as the information is received from DAC, staff would
contact the CDC to schedule that meeting sometime this summer. If it could occur in
June, that would be staff's preference, as well.
Mr. Reiner noted that a June meeting would allow time to address any items before the
August operating budget hearings.
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Mr. Reiner noted that another issue that came up in discussions with DAC is with the
Sundays at Scioto venue. Many people attend that event, and they bring their own food.
What type of authorization is needed to invite food truck vendors to participate in
conjunction with a revenue - sharing agreement with DAC?
Ms. Readler stated that staff is currently discussing this issue. There are an increasing
number of communities utilizing food carts. Legal staff is reviewing the City's Code to
determine the degree to which that practice is regulated. They anticipate having
recommendations to Council within the next few weeks.
Mr. Reiner stated that the concert season begins soon. He inquired if there are any other
requirements to be met — Board of Health regulations and /or inspections.
Ms. Grigsby responded that has yet to be determined.
Mrs. Boring noted that DAC has done this in the past with pizza vendors, and it was not
well received.
Mr. Guion responded that, although there was not enthusiastic support when the idea was
introduced, in time, people become accustomed to ordering food at an event.
Mr. Reiner stated that was one suggestion to help the DAC financially. One other
suggestion was also made of the DAC offering wine sales at this venue. It would be
another way for DAC to increase revenue.
Ms. Chinnici - Zuercher responded that she would prefer that the food trucks be added as a
first step. The food truck review underway by the City is not exclusive to DAC.
Ms. Readler responded that it initially came up in another context.
Ms. Chinnici - Zuercher that she assumes Legal would make Council aware of whatever
changes to the City's Code would be necessary to allow food trucks.
Mayor Lecklider stated that he has some concerns with the suggestion of alcohol sales for
the DAC concerts. He has observed consumption at the Sundays at Scioto concerts. That
is likely because it is acceptable at other locations, so people believe it is acceptable in this
park. It is worthy of discussion, but if alcohol consumption is not to be permitted, it
should be enforced.
Mr. Guion responded that DAC does make an announcement before every concert to make
people aware that it is a public park and no alcohol is permitted.
Mr. Reiner stated that there will likely be later discussion about the wine sale concept. In
regard to the agreement, the goal is for CDC to meet early in June to bring that item to a
conclusion quickly.
Mayor Lecklider pointed out that the reference Mr. Guion made to $25,000 of expenses for
the call for artists process is not in the memo in Council packets.
Ms. Chinnici - Zuercher responded that Mr. Guion referred to that during his presentation
regarding the Emerald Parkway Bridge public art and the administrative costs.
Mr. Keenan stated that Mr. Guion is essentially asking if Council wants to spend $150,000
on public art, which is what Council has allocated over the years, or does the City want to
spend $125,000 on art and $25,000 for the administrative costs. The issue is whether the
City want to add another $25,000 in funding to cover the administrative costs.
Mr. Guion stated that Council could decide to allocate an additional $25,000 through the
hotel -motel tax revenues, designated for the administration costs for selection of the
piece. The $150,000 would then remain for the artist commission. These are discussion
points for the proposed agreement.
Mrs. Boring stated that the draft agreement is a public document, so they should be able
to share it with everyone.
CITIZEN COMMENTS
Jeff Noble, 7459 Earlsford Drive, Dublin stated that the American Legion, Post 800 and
VFW, Post 691 invite Council to join them in their Memorial Day procession and ceremony
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on Monday, May 28. The parade begins at 11 a.m. from the parking lot at Bridge Pointe.
From there, they will proceed to the bridge, where they will toss wreaths into the river to
commemorate fallen soldiers whose bodies were not returned. They will proceed to the
cemetery, where a short ceremony will be held, and then to the Grounds of Remembrance
at Dublin Veterans Park. The keynote speaker this year will be Alex Rozanski, who will be
speaking about the sacrifice his brother made for his country. The Dublin Scioto Band will
accompany them to the cemetery and a bagpiper will lead them to the Grounds of
Remembrance. Three Buckeye Boys State and three Buckeye Girls State delegates will
make brief speeches. They hope that everyone is able to attend.
Warren Fishman, 8577 Turnberry Court. Dublin thanked Council for the opportunity to
attend the American Planning Association conference. Dublin has recently completed the
Bridge Street Corridor Plan, and there was much discussion at the conference about that
and the form -based Code. He learned that while Dublin is just initiating a form -based
code, other cities are using them. There are a couple of pitfalls, one of which is
compatibility of use. Council must be cautious when these applications are submitted,
because the form -based Code does not consider usage and where it is located. Problems
can occur when developers want to put mixed use with retail, with apartments located
above the retail. They find that there is much more interest in the apartments than in the
retail, because there is a greater potential for profit. Where that retail is placed is
sometimes a detriment. There are examples where half the retail space is empty, but the
apartments are full. Therefore, it will be necessary to carefully place the retail where it
will be used and to ensure it is easily accessible and compatible with the rest of the town.
Another idea he learned about at the conference -- and his wife may have forwarded
information to Council members —was about a public piano program. He will leave some
information with the Clerk about how a city can become involved in the program. Los
Angeles and some other cities, including Cincinnati, have done this. Essentially, old pianos
are refurbished and placed around the city where public gatherings are desired. There are
50 pianos placed throughout LA. During their evening tours, every piano they saw was
being used, often drawing a crowd. The pianos are typically older uprights donated to the
city. Mr. Guion of the Dublin Arts Council might be interested in researching this idea.
Because Dublin is such a vibrant city, it would be interesting to have this program in place.
Mr. Reiner stated that he likes this concept. Mr. Fishman also brought up an interesting
point about the retail shops, and he shares those concerns. The City has been careful to
ensure quality with the apartments, but the key to success is good retail business located
underneath all the residential units. He noted that it would be desirable to draw in some
of the young entrepreneurs who work in delicatessens, bakeries and other small eating
establishments. Council is certainly concerned about ensuring the retail space is filled.
Mr. Fishman stated that at the APA conference, they emphasized the need for quality
when building a high level of density. Along with the retail, there must also be high
quality for it to be sustainable.
Wallace Maurer, 7451 Dublin Road. Dublin stated that he would like to make a suggestion
for the promotion of the City as a world peak city in fostering common understanding and
delight. The event he refers to took place a week or two ago -- the Kosciuszko Park
dedication. This was the most thrilling public event he has attended since he came to
Dublin, full of Polish Americans with spontaneous and contagious enthusiasm for the entire
eight hours. This is also possible with the Dublin Irish Festival. If he could marshal some
political clout, he would do so in order to approve a couple of legislative mandates. The
first would be that Council would issue an invitation to the Polish steering committee to
return next year and annually, so long as it is welcome to both parties. His second
legislative item would be to send an invitation to every household in the City to indicate
any cultural element in the City that likewise could reveal itself in a similar cultural display.
This would magnify the breadth, wisdom and vision of the City. Dublin has many cultures
residing in the city, and he urges the City to investigate this opportunity.
Mayor Lecklider agreed that it was a very enjoyable event, and Council thanks Mr. Maurer
for his suggestions, which will be taken under advisement.
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Tom McCash, 55 S. High Street, stated that he is present to address Council regarding the
non - rezoning matters related to the Shoppes at Athenry. There is also a rezoning
ordinance, Ordinance 35 -12, related to this center on the agenda this evening. From the
residents' standpoint, an attempt is being made to bifurcate the issues. At this time, they
want to bring up the concerns the residents continue to experience with the shopping
center. These are primarily parking, odor and use issues.
1. In terms of parking, when the original Final Development Plan was approved in
1997, the plan included straight parking behind the center, and the applicant
wanted to reduce the total number of required parking spaces. That was
discussed by the Planning Commission, and they agreed to allow that reduction in
the number of required parking spaces. One of the conditions, Condition 9,
required the applicant to submit an amended parking plan to the City staff and it
was to be subject to staff approval. They did so, and the approved Final
Development Plan reflects "No Parking" spaces behind the center.
2. In 1999, Mary Kelley's requested a Conditional Use approval, and the issues of
continued parking behind the center were discussed. During the hearing of that
case at the Commission, on which both he and Mr. Lecklider served at that time,
Mr. Lecklider indicated that the employee parking at the rear was totally
unacceptable. Mr. Kelley, one of the owners of the center, agreed and wanted to
address those particular concerns with the residents.
3. On June 8, 2000, City staff member Greg Jones sent a letter to Patrick Kelley and
the owners. Item #6 in the letter stated that all parking at the rear of the center
must be discontinued. That has been an ongoing and consistent concern. Mr.
Jones' letter indicated that the parking was not approved as part of the Final
Development Plan. Therefore, staff's memo to Council this evening is inconsistent
in regard to the parking behind the center.
4. In 2001, there was a Public Services Committee meeting at which everyone
agreed to resolve the parking issues behind the center, which impacted the nearby
residents. At that meeting, Mr. Kelley also agreed to do something by way of a
deed restriction or another legal action that would be filed to prohibit parking
behind the center. Steve Smith, Jr. from the Law Director's office was to draft a
deed restriction or other document that everyone agreed would be utilized, but
that never occurred.
5. In a March 20, 2003 letter, Mr. Porter from Vorys, Sater, Seymour, and Pease
addressed those concerns and acknowledged the agreement that the owner was to
eliminate the parking behind the center except for a parking space for a manager
and assistant manager of Mary Kelley's. However, more parking currently exists in
that location than was ever agreed to. The parking issues have never been
addressed by City staff or enforced.
6. A tremendous amount of noise is created from pizza delivery vehicles. There are
homes with decks located very close to the rear of this center.
7. There are also issues with continual odor and issues from the restaurant itself.
Council may never be able to address these issues completely for this particular
center, however, he encourages the City to begin considering regulations
addressing odor control options for restaurants. Dublin's Code is not in line with
cities such as Charlotte, Raleigh, Las Vegas, Chicago and others. Control measures
are not necessary for every restaurant, but they should be a consideration for
those located very close to residents.
8. The other major issue for the residents, if addressed, could solve part of the
parking issues behind the center. The issue is the land use, particularly with the
rezoning. When this land was rezoned, they prohibited fast food restaurants and
limited the use to full -line restaurants. In 1997, when the Final Development Plan
was submitted, staff did not review the original zoning. For this reason, there was
much discussion, as reflected in the minutes, regarding drive throughs, drive -ins
and fast food components. There were memos in 2008 indicating that they don't
have a definition for "fast food." However, everyone knew at the time of the
rezoning what was meant by fast food. Even the definition in the 2008 memo,
referencing Marcos Pizza and the Papa John's that currently exists, meets the
definition of fast food under Webster's dictionary. If that definition remains vague
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in Dublin's Code, Council has had the opportunity to update and add that definition
to the Code during the time from 2008 to 2011. It may not address the issue with
Papa John's, but it would address the issue for potential future fast food, or quick
serve restaurants. He sent Ms. Readier a list of several definitions from around the
country that are used for quick serve and fast food restaurants. If it needs to be
included in the Code in order to enforce it, then he would encourage Council to
refer that to the Planning Commission and have them make that adjustment to the
Code.
Mayor Lecklider stated that he believes Council might want to address the odor issue.
This should be explored and discussed for incorporation into the City's Code. With the
Bridge Street Corridor, there will be meshing of the various uses in close proximity.
Mrs. Boring stated that Legal staff conducted a previous study regarding this issue.
Mrs. Readier responded that is correct. They worked with an engineer from Wendy's in
coordination of that effort. She recalls there were some cleaning mechanisms that could
be placed into the exhaust systems. They worked with an interested outside party and
conducted preliminary investigations as to what type of controls could be used and the
associated preliminary costs. Mr. Masri was involved in that discussion.
Mr. McCash stated that the technology was not available at the time, but it is now and is
being used throughout the country, particularly with places such as Easton, where there is
a high mix of commercial and residential. With the Bridge Street Corridor, that is an issue
the City will need to address.
Mr. Gerber stated that in 2005 -2006, during his service on the Planning and Zoning
Commission (PZC), they evaluated the impact of certain restaurants located at Perimeter
on the residences on Post Road. At that time, the Commission recommended that the City
consider this matter. This is an appropriate time to do so, and he would support this.
Mayor Lecklider asked Mrs. Boring if her question has been addressed.
Mrs. Boring stated that she wanted to point out that when this area was being rezoned,
the City did investigate that issue. At this time, there is likely new technology that can be
utilized to address the issues. This is important for the Bridge Street Corridor development
as well.
Mayor Lecklider responded that he also recalls that previous discussion. He suggests that
the issue be revisited and a recommendation be provided to Council. Is there Council
consensus to do so?
Council Members indicated consensus.
Mayor Lecklider stated that in regard to the parking issue, he has observed cars parked in
front of the center in the fire lane from 5 p.m. on. Is there also an issue with delivery
vehicles behind the building?
Mr. McCash responded affirmatively. Delivery vehicles for Sushi.com have been observed,
and occasionally from Papa John's and Mary Kelley's,
Mr. Reiner recalled that one July 4th, he received a call from upset neighbors who live
behind the center. Every time a delivery vehicle drove over a storm sewer, a loud noise
occurred, and the neighbors were unable to sleep. Due to the holiday, City staff were not
available to address the issue, so he addressed the situation with a temporary remedy.
However, he recalls a previous issue with vehicles driving through the location at night.
Mayor Lecklider stated that, after reading the records provided to Council, there is really
no dispute that parking is not permitted behind the center.
Ms. Chinnici - Zuercher stated that, as Mr. McCash has pointed out, the staff report
indicates something otherwise, but it was always her understanding that the City did
prohibit any form of parking in the back of the center. When she was at the center last
Monday night, no one was moving the cars, so they evidently belonged to staff from one
of the businesses. She is confused that staff has indicated there is no evidence in City
records that parking in that location is prohibited.
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Mr. Readler stated that she would defer to Planning staff on the specifics of the report.
There was no provision for striped parking on the Final Development Plan (FDP), so the
question is what the enforcement should be. They worked with the property manager on
some ways in which to monitor it. In 2008, the property manager sent letters to all the
tenants requesting that they not park at the rear of the center. As part of the ongoing
negotiations with Mr. Porter, there may have been some concession to stripe off a couple
of spaces for owners behind the building, but it is not entirely clear what, if any, parking is
permitted as a result of those discussions and negotiations.
Ms. Chinnici - Zuercher asked if the negotiations resulted in any written record.
Ms. Readler responded that they did not.
Ms. Chinnici - Zuercher responded that parking is then prohibited, because no formal
changes were made.
Ms. Readler stated that she believes the Final Development Plan did not provide for
parking space in the back area.
Mr. Langworthy commented that no striped parking spaces were included. There was a
parking setback, which was part of the rezoning text, but this is outside that area.
Ms. Chinnici - Zuercher requested clarification of the comment in the staff report that there
is no evidence that parking is prohibited.
Mr. Langworthy stated that there is no prohibition stated. There is simply the Final
Development Plan, which doesn't reflect a parking space. However, that doesn't
necessarily mean a prohibition exists.
Ms. Chinnici - Zuercher asked which documents Mr. McCash refers to that he believes
indicate clearly that no parking was permitted in the back of the center.
Mr. McCash responded that a 2001 Public Services Committee discussion and a June 8,
2000 letter from Mr. Jones to the applicants stated that parking was not permitted
because it was not designated or approved as a parking area on the Final Development
Plan.
Mr. Langworthy stated that staff was working to secure enforcement with them.
Ms. Chinnici - Zuercher stated that she is confused. A City official sent a letter indicating to
the different parties that no parking was permitted in that location. Why is the City now
indicating that it cannot enforce this?
Mr. Langworthy responded that the issue is there is lack of clarity. The Final Development
Plan did not provide for or prohibit striped parking in that location, so it is not clear if it is
enforceable.
Chief von Eckartsberg noted that, based on his knowledge of the area, there is no posted
fire lane behind the shops at the center and no posted no parking areas. The only signs
he is familiar with indicate, "Don't block the dumpster." Legally, there is no parking
enforcement that Police can do on private property, given these conditions.
Mr. Keenan inquired if the Fire Department would have an interest in ensuring they can
access the back of the building.
Chief von Eckartsberg responded that the area would have to be posted as a fire lane.
Mr. Keenan asked if that could be done.
Mr. Mc Cash responded that this was part of the discussion at the Public Services
Committee, but no action occurred in follow up to the meeting.
Mr. Keenan stated that there are issues in regard to access to the front and back of
commercial buildings for fire service. Perhaps staff could review this.
Mr. Langworthy responded that he would check on this with Chief Woo.
Mayor Lecklider summarized that there are two questions under discussion. The first is if
"No Parking" signs can legally be posted, so that the City could enforce it on that basis.
The second question is whether or not it is a Code violation, because the parking is
inconsistent with the PUD. If so, that would be another means of enforcing it.
Mr. Keenan stated that the Fire Marshall could post it, if indeed it presents an issue with
their ability to provide fire service to that commercial building.
RECORD OF PROCEEDINGS
Dublin Citv Council
Mr. McCash responded the Fire Department could post it, but the Police would handle the
enforcement. If it is not a fire lane, then, because of the zoning component, orders could
be issued for a zoning violation and have compliance done through the zoning provision.
Ms. Chinnici - Zuercher noted that is what the 2000 letter from Mr. Jones indicated.
Mayor Lecklider stated this is really a concern because a June 8, 2000 letter was sent from
the City that notified the owners of the center that they were in violation, copies of which
were forwarded to City officials.
Ms. Readier stated that, at that time, an effort was being made to find the most objective
and easiest means of administering that "No Parking" restriction. Staff also discussed
posting signs. However, it is necessary to have the cooperation of the property owner in
order to post such signs. They were agreeable at that point. When staff was working
with the property manager, they disseminated some notices, and the Law Director's office
was under the impression that some of the issues had been addressed through the
property manager. If that is not the case, Legal staff could revisit working with the
property owner, if they are agreeable to posting the signs. Enforcement could then occur
through the Police Department.
Mr. McCash stated that, in fact, "No Parking" signs are already posted on the back of the
building, but they are ignored, similar to the 7 p.m. to 7 a.m. prohibition of deliveries and
trash pickup. Yet, no citations have been issued to a trash hauler or delivery person for
working outside of that timeframe.
Mr. Gerber stated that, similar to the DAC contract discussed earlier this evening, this
issue has also been volleyed back forth over a period of a few years. It is not likely this
can be fully resolved tonight, but he is in favor of directing staff to recommend, for the
next Council meeting, some remedies that can be enforced. This must be resolved.
Ms. Chinnici - Zuercher stated that she appreciates his comments, but she personally
believes this issue can be addressed tonight. It has been ongoing for a period of 12 -13
years or longer. There is documentation indicating that the City has already taken the
position that there is no parking permitted in that location, and the property owner has
been cited in Code violations by Greg Jones, who still works for the City. It seems
unreasonable to indicate now that the City is not sure if it can enforce this, because it was
not clear in the final development plan. Mr. McCash indicates "No Parking" signs are
posted, but there is conflicting information on that, as well. Someone needs to verify the
situation physically.
Ms. Chinnici - Zuercher moved to direct staff to verify whether or not signs are posted. If
there are no signs posted, staff should formally communicate to the property manager or
owner of the center that the agreed upon signage was never posted and that the owner
has 30 days to install them. After that time, City staff must provide enforcement on a
continual basis — not driven by complaint. Given the types of businesses in this center,
the tenants and employees change regularly. Unless the owner of a business continues to
address this as part of their orientation and holds their own staff accountable, the City will
continue to deal with this problem.
Mr. Gerber seconded the motion. He added that when he served on PZC, there were
minutes from the time the shopping center development began up to the current date
tracking the many discussions about parking restrictions, etc. Those minutes that
evidence the City's position should be available.
Vice Mayor Salay stated that the issues that Mr. McCash has brought up tonight have a
lengthy history and are ongoing. There have been meetings, agreements and proposals,
and the residents continue to have these problems 15 years later. It is unbelievable that
this issue has existed as long as it has and shameful that the City and Council have failed
to address it.
Mayor Lecklider stated that he does not believe there is any dispute between the property
owner and the City; it seems to be a matter of enforcement.
RECORD OF PROCEEDINGS
Mi Dublin City Council Meetin.-
Mr. Smith stated that Ms. Tangeman is present, representing the property owner. She
indicated that she spoke with the property owner today, and he has agreed to immediately
erect some signage.
Jill Tangeman, Vorys, Sater. Seymour and Pease, 52 E. Gay Street, attorney for the
property owner noted that she spoke with Mr. Kelley today. He does not manage the
center on a day -to -day basis, but he did agree that there was an understanding that there
was not to be any parking to the rear of the building. His understanding is that there was
agreement about having one or two spots for restaurant managers, etc. He believed the
signs had been posted, but to the extent that they are not or are not the correct signs, he
will immediately work with the City to address it.
Mr. Gerber stated that is positive to hear. He asked about the issue related to the hours
of the trash pickup, and people driving through the area. There are other issues to be
addressed other than just the parking issue.
Vice Mayor Salay stated that it is not simply about parking. It is also about cars parking
for short periods of time in the fire lanes. The people are in and out of the store before
they can be cited.
Ms. Tangeman stated that Mr. Kelley indicated he has not heard these issues in detail
from the City. However, he has indicated that, to the extent that there are ongoing
problems, he will be willing to work with the City to address them.
Mr. Gerber stated that he is concerned because the residents have been affected for far
too long. In addition, this affects the businesses located in the center. There is a division
between the residents and these businesses, and a community cannot be created in this
situation. A good businessperson would address these issues and work to build a
relationship with the neighborhood.
Mr. Keenan stated that it seems a gate is needed so that the area cannot be accessed
during the restricted hours. He does not believe such gates would be cost prohibitive.
Vice Mayor Salay stated that was suggested during earlier negotiations, but the question
of who would be permitted access was problematic.
Mr. Keenan stated that would prohibit the back and forth traffic on a regular basis.
Mr. Gerber stated that that was recommended during the earlier patio issue, and agreed
to by the applicant.
Mrs. Boring stated that posting the "No Parking" signs will not be effective unless the City
carries through with enforcement. The Police will need to monitor on a regular basis and
begin to issue citations.
Mayor Lecklider stated that if "No Parking" signs will be posted, there are two questions
that need to be addressed. First, there has been some reference to a possible agreement
for two parking spaces for the Mary Kelley's manager and assistant manager. Second,
what is the practical effect of the signs? What can occur if cars are parked in that location?
Ms. Readier stated that Legal staff believes the signs can cite the appropriate Dublin Code
section, and then Police officers would be able to issue parking tickets when cars are
parked wherever it is designated "No Parking," unless a couple of spaces are set aside for
some of the Center staff.
Ms. Chinnici - Zuercher stated that if the City has entered into such an agreement with the
owner, then it needs to be honored. She added that in the parking lot at her office, she
was told that it was necessary to have the Code citation on the sign in order to have the
ability to tow the violator's vehicle.
Mayor Lecklider stated that no one desires to be unfriendly to the business community. If
an atmosphere could be created in this location without the existing, ongoing tension,
everyone would benefit. With that as the preface, he would also want to have the ability
to tow vehicles that violate the prohibition. Can those terms be worked out?
Ms. Tangeman responded affirmatively.
RECORD OF PROCEEDINGS
Dublin Citv Council
Mr. Gerber stated that another issue is the definition of a fast -food restaurant versus a sit -
down restaurant. It makes sense to have staff provide a follow -up report, including some
proposed language options for PZC to review and then Council.
Mr. Smith stated that there are also quick -serve restaurants, such as Piada. In any case,
this needs to be addressed for the Bridge Street Corridor.
Mrs. Boring stated that in this situation, however, the PUD language states "shall include
full -line restaurants." Does Papa John's have a dining area?
Ms. Chinnici - Zuercher responded that it does not, but staff's memo, which was written
when Marco's Pizza was located in the Center, stated that Marco's was not in violation.
Mayor Lecklider stated that is where opinions will differ. Mr. McCash made a good
suggestion — that Council re- evaluate the City Code to prevent future, similar occurrences.
However, he does not believe this definition is that ambiguous — "eating and drinking
places shall include full line restaurants." The sensibilities of this community have not
changed much in this time period. He believes everyone, including the applicant,
understood what was envisioned at that time — a restaurant such as Mary Kelley's — a sit -
down, full - service restaurant -- certainly not drive - throughs or pizza deliveries.
Mr. Langworthy stated that definitions have been written for other communities for
businesses, such as Panera, a dine -in, quick -serve restaurant with parking spaces for
carryout, no delivery, and businesses such as Piada. These are not full- service
restaurants. There are several, new variations since the time the Code was written.
Mayor Lecklider agreed, but with this particular center, there was a specific intent with the
language used.
Vice Mayor Salay stated that it is not feasible that PZC, Council or Planning staff would
have intentionally located a pizza delivery adjacent to a neighborhood, thereby creating 15
years of associated problems.
Ms. Chinnici - Zuercher stated that there has been a pizza delivery in the center since it
opened. She does not know who should have been responsible for informing the center
owner that they were not allowed to locate that type of business in the center. This has
been permissible by omission, if nothing else, since the day the center opened.
Mayor Lecklider stated that he is confident Ms. Tangeman will carry the message back to
the owner. Have the issues been addressed sufficiently tonight?
Mr. McCash responded that if this moves forward and the issues are addressed by staff
and then through either PZC and /or Council, that would be satisfactory. The residents
would like closure to all of these matters.
Mrs. Boring inquired asked if the restricted hours for trash pick -up could be enforced in
some manner.
Ms. Grigsby responded the City generally responds on a complaint basis. The Police then
would verify the occurrence or observe the individual during the violation. After that,
staff can follow up with the property owner or the trash collection business.
Mr. Langworthy added that -- even if it isn't possible to observe the individual violation,
staff does follow up with the management, and they track it. However, these occurrences
are occasional, not regular, and there have been no complaints within the last two years.
The one occurrence of an hours- related issue involved another business, not the center.
Mr. McCash stated there have been some issues with activity outside the designated
hours. The issue with the roof cleaning company occurred because that business secured
approval from the center's management. There are some culpability issues with the
center management; there are consistencies involved.
RECORD OF PROCEEDINGS
Dublin City Council
May 21, 2012
LvLeetin
Held 20
Mr. Gerber noted that the City dealt with the trash pickup issue effectively with another
area — Craughwell Village. He recalls it was related to the service contract. Perhaps
something similar should occur in this center.
Mr. McCash stated that the residents encourage the City to ensure the property
management company is working to diligently enforce these provisions with whomever is
performing their trash collection, snow plowing, roof maintenance, grease hood /ducts
clean -up, etc. Everyone was aware of the restricted hours agreement, but it has not been
conveyed or enforced by the property management company. Therefore, the residents
have no option but to contact Council or City staff.
Mayor Lecklider stated that this requirement of the provider of the service should be
included in every service contract. If the property management receives a complaint, the
contract should be terminated.
Ms. Chinnici - Zuercher stated that, in addition to Ms. Tangeman sharing this direction with
the property owner, the City could also send a letter reiterating each of these points and
the information that it will be enforced.
Council requested the Clerk to read the motion on the floor.
The clerk read the motion: "To direct staff to notify the orooerty owner to ensure 'No
Parking/Vehicles Will Be Towed' signage is posted within 30 days, enforcement to begin
immediately thereafter."
Mr. Keenan noted that the signs were also to cite the Code reference
Council concurred with the addition.
Vote on the motion Mr. Gerber, yes; Mrs. Boring, yes; Ms. Chinnici - Zuercher, yes; Mr.
Keenan, yes; Mr. Reiner, yes; Mayor Lecklider, yes; Vice Mayor Salay, yes.
Mr. Langworthy clarified that Code enforcement by staff is not solely complaint driven;
staff regularly conducts patrols and always has done so.
CONSENT AGENDA
Mayor Lecklider noted that seven items are proposed for action on the consent agenda.
He asked whether any Council Member requests removal of an item for further
consideration under the regular agenda.
Hearing none, Mayor Lecklider moved approval of actions requested for the seven 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.
Keenan, yes; Ms. Chinnici - Zuercher, yes; Mrs. Boring, yes; Mr. Gerber, yes.
1. Minutes of May 7, 2012 Council Meeting
2. Ordinance 36 -12 (Introduction /first reading)
Adopting the Proposed Tax Budget for Fiscal Year 2013. (Second reading /public
hearing June 4 Council meeting)
3. Ordinance 37 -12 (Introduction /first reading)
Authorizing the City Manager to Execute Necessary Conveyance Documentation to
Acquire a 0.172 Acres, More or Less, Fee Simple Interest (with 0.084 Acres as
Present Road Occupied), and a Combined a 0.031 Acres, More or Less, Temporary
Construction Easement from Iacovetta Properties, Ltd. (Emerald Parkway — Phase
8) (Second reading /public hearing June 4 Council meeting)
4. Ordinance 38 -12 (Introduction /first reading)
Authorizing the City Manager to Execute Necessary Conveyance Documentation to
Acquire a 2.0 Acres, More or Less, Fee Simple Interest from Mary M. Seay and
Charles J. Pethel. (Emerald Parkway - Phase 8) (Second reading /public hearing
June 4 Council meeting)
RECORD OF PROCEEDINGS
Minu of Dublin City Council M
May 21, 2012 - Page 14
5. Tartan Ridge - Section 2, Part 2 - Final Plat
6. Tartan Ridge - Section 2, Part 3 — Final Plat
7. Tartan Ridge - Section 4 - Final Plat
SECOND READING /PUBLIC HEARING — ORDINANCES
Ordinance 35 -12
Rezoning Approximately 4.91 Acres, on the East Side of Avery- Muirfield Drive
Approximately 500 Feet North of the Intersection with Tara Hill Drive, from
PUD, Planned Unit Development District (Indian Run Meadows Commercial) to
PUD, Planned Unit Development District (Indian Run Meadows Commercial
Revised) to Revise the Development Text to Permit up to 1,680 Square Feet of
Outdoor Patio Area in Front of an Existing Restaurant (Mary Kelley's) within the
Shoppes at Athenry Shopping Center.
(Case 12- 017Z /PDP /FDP)
Ms. Husak stated that, in addition to the discussion that has occurred this evening, the
applicant also has plans to address the concerns raised at the last Council meeting
regarding the existing patio at the shopping center. The applicant has committed to
including a section of fence at the northern end of the existing patio to discourage any
serving for patio patrons to occur through that space. The Code requires a gate at one of
the two exits, and that gate is to be located on the south side. Staff recommends
approval of the amendment to the development text to allow this patio with those
changes.
Jill Tangeman, Vorys, Sater, Seymour and Pease, 52 E. Gay Street, attorney for the
applicant stated that, following the last Council meeting, she and Mr. McCash met and
further discussed closing off the existing patio, the installation of the gate at the south end
and the fence at the northern end. No further revisions occurred. It is her understanding
that Mr. McCash is in agreement with those revisions.
Tom McCash, 55 S. High Street, representative for the residents, stated that the residents
are in support of this provision. Obviously, there has been a long history related to the
Conditional Uses. The residents have consistently argued that this was not a Permitted
Use and that a rezoning was required. The applicant has now done so and addressed
some of the residents' concerns through that rezoning process, including switching the
gate to a fence at that location to avoid a potential, additional negative impact on the
residents. In the spirit of balancing the interests, the residents have agreed to support this
rezoning. It is hoped that in the future, the other issues discussed tonight are also
addressed, and that this commercial development and the neighbors can co -exist in
harmony.
Vote on the Ordinance Mr. Keenan, yes; Mr. Reiner, yes; Mrs. Boring, yes; Ms. Chinnici-
Zuercher, yes; Vice Mayor Salay, yes; Mr. Gerber, yes; Mayor Lecklider, yes.
INTRODUCTION /PUBLIC HEARING /VOTE - RESOLUTIONS
Resolution 28 -12
Appointing a Member to an Unexpired Term on the Personnel Board of Review.
Vice Mayor Salay requested that this legislation be postponed to the June 4 Council
meeting.
There was no objection to this postponement.
OTHER
Branding Update
Ms. Grigsby stated that the information on branding, which was provided in Council
packets, describes in general what is being done citywide. This is a coordinated effort
with Economic Development, influencing the information and material that is provided,
and the language and words used to describe the City's districts and projects. Staff has
also been working with a firm to help identify some of the issues that need to be
considered from a local, state and international perspective. An update on these efforts
RECORD OF PROCEEDINGS
Dublin City Council Meeti�ag
will be provided tonight. This is consistent with the goal- setting discussions with regard to
telling the Dublin story from an economic development standpoint.
Ms. Gilger presented a PowerPoint presentation on the City's pre- branding initiative and
the branding initiative today.
• She noted that, prior to this initiative, there was a lot of "logo soup" and
departments working in silos. The branding was disjointed, using different colors
and different fonts and it was often difficult to identify a City function. The
initiative has resulted in progress in this alignment, moving toward a similar brand
architecture for City buildings, departments, initiatives, programs and some special
events. It will soon be incorporated into City signage.
• Community Relations and Economic Development worked with an outside
marketing group to expand the branding from a logo and typeface to a family of
pieces to be used when marketing the City locally, nationally and internationally,
particular in the business community with the City's key stakeholders and industry
clusters. The desire is to take the City's marketing brand and roll into it a third -
party validation from the key stakeholders. "Telling the story" about the City is
more effective when other people do so on the City's behalf.
• The Battelle study identified the City's key business clusters. From there, they
have separated the business community into different districts. That is evident in
the various map designations and the sales sheets that will be involved in the next
phase. Specific pieces will be created for each of the different business
neighborhoods to validate why the neighborhood is unique. Each of the district
names ends with the word "District," which will be new, in particular, for Bridge
Street. It has previously been referred to as the Bridge Street Corridor.
• In addition to the term "District," each one has a name that defines them by place
or by type of businesses /uses, zoning classifications within those particular areas.
All acronyms have been removed. They are fine to use internally, but not in
marketing and communication pieces. This will provide a clearer message. The
districts include: West Innovation District; Perimeter Commerce District; Shier
Rings Tech Flex District; Bridge Street District; Metro Office District; and Blazer
Research District.
Ms. Chinnici - Zuercher stated that this information was not provided in Council packets so
Council was not able to review it closely ahead of the meeting. However, her immediate
reaction is that she likes what they have done so far, but would really like to see a medical
district included. Looking at that corridor with Children's Hospital, Dublin Methodist, all
the physician offices, and Ohio University's Osteopathic Medical College — the City needs to
make a formal statement of its interest in medical research and medical services being
offered. She would prefer that the City not lump that into the Perimeter Commerce
District, but provide a separate district with a medical name.
Ms. Gilger stated that the Battelle Study did identify that as one of the top four cluster
strengths of the City — the medical, bioscience and healthcare industry. Therefore, staff
does plan to market very heavily to that industry.
Ms. Chinnici - Zuercher responded that does not indicate the City has given that industry
the formal recognition that it deserves.
Mr. Reiner asked if that is possible, geographically — given the gap between the Ohio
University site and the existing hospital.
Ms. Gilger responded that they are in two different areas, but again, it is one of the four
top strengths citywide within all of these districts. Smiths Medical is in the TechFlex
District, and their corporate shared services office is located at Metro Center — the Metro
Office District. It is a very strong cluster located throughout the City. However, staff can
take another look at this.
Ms. Grigsby stated that all of the marketing will focus on what is allowed in the different
areas. The district names were a means to help people quickly identify areas of the City.
Once an area is identified, all the additional detail on the area would be available.
RECORD OF PROCEEDINGS
Du blin City Council
21.2012
Ms. Chinnici - Zuercher stated that in regard to the "Where's the Beef' t -shirt, this is a
marketing slogan used years ago by Wendy's. On the other hand, the Field of Corn is the
City's public art piece. She sees no reason Dublin would choose to promote a specific
company over another company located in the City, by using t- shirts with their slogan. It
is not the City of Dublin known for this slogan, but rather Wendy's.
Ms. Gilger responded that Wendy's is bringing the slogan back in a new marketing
campaign.
Ms. Chin nici-Zuercher stated that this is marketing of a specific company, not the City of
Dublin.
Ms. Gilger stated that staff is trying to identify unique things about Dublin to promote its
businesses.
Ms. Puskarcik added that in this initiative, Community Relations and Economic
Development are looking to identify the various amenities within the community. For this,
it was Wendy's and the Field of Corn. The next time, there may be another business that
the City will partner with to create shirts that promote a specific amenity as located in
Dublin. The City ordered only 120 of these t- shirts. After Wendy's, they will focus on other
companies and amenities in Dublin.
Ms. Chinnici - Zuercher asked if this information is being provided to Council for information
only and not for input.
Ms. Grigsby responded that the shirts have already been produced. The information is
provided to Council to make them aware of the branding efforts staff has been working on
as it is related to economic development, and to obtain Council feedback.
Mayor Lecklider asked what are the circumstances under which a Dublin -based company
might approach the City about promoting their business through a t -shirt. How is that
controlled /managed?
Ms. Puskarcik responded that it would be determined on a case -by -case basis. She met
with another company today on another matter, but after seeing the ad, they expressed
interest in this program as well. The shirts are promoting amenities, promoting Dublin,
and this is intended to be a fun approach. They evaluated the brand from the aspect of
being a leader, being professional, being fun, vibrant and friendly.
Mayor Lecklider stated that he understands the effort, but he is thinking of a company
that is not in Dublin's top 20 or top 25, yet wants the same promotion, even if it is only
120 shirts.
Ms. Puskarcik responded that staff would have a defined statement of the purpose of this
marketing, which is not to promote a company, but to promote amenities within Dublin.
Those decisions are made jointly with Community Relations staff, Economic Development
staff, and the company itself.
Ms. Grigsby stated that, based on this feedback and other issues that may arise, staff will
evaluate this component of the marketing.
Mrs. Boring asked about the yellow and red T -shirt depicted in the materials.
Mrs. Grigsby responded that is an example of what Wendy's is currently marketing.
Mr. Gerber noted that Dublin has the green version of that.
Mrs. Boring referred to page 59 of the document. She understood there was a focus
group that evaluated the City's marketing tools and the cloud concept.
Ms. Gilger responded that was the original branding initiative with Integrate. Integrate
evaluated all the City division marketing efforts and tools. What is shown to Council
tonight depicts the effort to have everything under the same umbrella with the same,
citywide look.
Ms. Grigsby stated that the objective is consistency throughout the City, so that the public
recognizes information as coming from the City of Dublin.
Mrs. Boring stated that she appreciates that. She was confused by the report itself.
RECORD OF PROCEEDINGS
Dublin City Council
May 21, 2012
Page
McQ ung
Ms. Gilger stated that, in the past, information was identified as coming from a particular
division in the City. Going forward, information will be identified as coming from the City
of Dublin, USA.
Ms. Salay stated that she has noticed that i n
the listing is often divided into groups of At
Council Members listed in that manner?
Ms. Puskarcik responded that it has occurred
the practice needs to be revisited. Typically,
Mayor and Vice Mayor first, or to identify ward
Vice Mayor Salay stated that, in this case, t
"Ward Representative." She would prefer it
as a result of discussions years ago; perhaps
there has been an attempt to identify the
representatives, for community awareness.
he ward is not defined — it simply indicates
state "Dublin City Council," particularly since
the specific ward is not identified.
Ms. Puskarcik responded that this example is an older version. The general rule is that if
Ward Representative is used, it should state the specific ward.
Ms. Grigsby stated that staff will review this. There may be times when it does not make
sense to list the wards, but other times there may be a purpose in identifying the ward
representatives.
Mayor Lecklider added that he prefers to be identified as "Tim Lecklider," not "Timothy A.
Lecklider," except on those occasions where the document is more formal.
Ms. Puskarcik stated that information was also provided in packets regarding some
upcoming Council video interviews. Council's information and preferences can also be
updated during that process, as well.
Mayor Lecklider stated that Council requests that staff continue to provide updates on the
branding effort. He noted that he likes the District themes presented this evening.
Ms. Gilger stated that with the brand ads, the intent is to have significant interaction with
the Dublin companies that have a visual element. If there are others that Council is aware
of, she asked that they share those with staff. It does require some period of time for
trademark approval to use a company name and image, or to secure a testimonial quote
from a CEO. They would like to gather many of those upfront, approved by the
companies, so that they are available for various types of ads the City plans to do.
STAFF COMMENTS
Ms. Grigsby asked that if Council has any feedback on the Council goal setting report to
forward it to her to be incorporated into the update. An official resolution will be provided
for Council action at an upcoming meeting.
COUNCIL COMMITTEE REPORTS /COUNCIL ROUNDTABLE
Mr. Keenan:
1. Requested a follow -up on the proposed tax budget for fiscal year 2013. Under
Revenues - Advances, it indicates $2.1 million for 2010 and $3.7 million for 2011. He
requests information on these and the reason for the classification in this manner.
Ms. Grigsby responded that they are required to be classified in that manner. When the
General Fund has made advances to other project funds, the advanced amount is depicted
as revenue when that repayment is made. During the CIP update, the document indicates
where the advances are repaid.
Mr. Keenan asked if this is actually a repayment amount.
Ms. Grigsby confirmed that is correct.
Mr. Keenan inquired if a repayment amount is anticipated in 2012.
Ms. Grigsby responded that if those are revenues, staff has information on what is
anticipated to be received in 2012 and projections for future years. Staff will provide a
follow -up memo with more detail.
Stated that he and Ms. Chinnici - Zuercher had the opportunity to meet recently with
the Chinese delegation. It was very interesting to speak with the delegation through
interpreters. Kudos to Mr. McDaniel and his staff for coordinating that effort. He
publications where City Council is mentioned,
Large members and Ward members. Why are
RECORD OF PROCEEDINGS
Min Dublin City Council
learned much about their culture. They are more similarities in the two cultures than
he realized, even with their form of government and mayor selection process.
3. Another honeysuckle removal day was held recently in Coventry Woods, and they
removed a great amount of honeysuckle with the assistance of City volunteers and
Service Department employees. He would encourage other neighborhoods or
interested groups to contact City staff to about this program. It has made a
tremendous difference in the views of the park in their neighborhood. During the
clean up, they realized there is an issue with neighbors dumping yard waste in the
wooded area. This is likely common in other neighborhoods, as well.
Mr. Gerber
1. Stated that he has recently corresponded with Mack Parkhill about some discussion
among veterans that it might be appropriate for Dublin to commemorate soldiers
Killed in Action (KIAs). This could be done within Dublin Veterans Park with a
burial area or a memorial of some type. Perhaps a Council committee or another
City group could review this suggestion.
Mr. Reiner stated that he and Mr. Gerber have spoken about this idea, which does make
sense. There is an existing cemetery located very close to the Grounds of Remembrance;
it is already zoned for Cemetery use. A KIA could have the honor of being buried there
and be part of a memorial. It is appropriate that the City identify some means in which to
honor its fallen soldiers.
Mayor Lecklider asked if Mr. Gerber desires to recommend forwarding this consideration to
a Council committee or to recommend the formation of a specific ad hoc committee to
review the recommendation.
Mr. Gerber stated that if Council is interested in pursuing this idea, he would envision that
a subcommittee or ad hoc committee, including some Council Members, could consider the
idea and report to Council.
Ms. Grigsby stated that Council could also consider referring this to an existing advisory
committee, such as CSAC.
Ms. Chinnici - Zuercher responded that because this matter was brought directly to Council,
it should remain with Council and staff. Council would need to be educated on the legal
requirements of cemeteries and any other associated matters to determine if it is feasible
for the City to do this.
Mr. Keenan stated that perhaps a small subcommittee, consisting of a couple of Council
Members and a couple of community members could discuss this matter and provide a
recommendation to Council.
Ms. Chinnici - Zuercher recalled that the last time Council engaged in such an effort, there
were some issues with the process. She believes that because this was brought to Council
by community members, the first review should be done by a committee of Council
Members and staff.
Mr. Gerber agreed, noting that Council Members could reach out to community members
and request any information needed, and staff could be very helpful in this endeavor.
Mr. Keenan stated he concurs with having Council Members work with staff on this matter.
Mrs. Boring asked if there is an existing monument in front of the 1919 Middle School
Building.
Vice Mayor Salay confirmed there is.
Mrs. Boring stated that there was previous discussion about how to continue that concept,
although that monument may need to be relocated. Considering his recent promotion to
Brigadier General, perhaps Mr. McDaniel should also serve on this subcommittee.
Mr. McDaniel responded that the monument was a tribute to the Dublin School graduates
who served in World War H. There was a desire to capture the names of those individuals
so that they would not be forgotten.
Mayor Lecklider recommended that Mr. Gerber serve as Chair of this subcommittee and
asked if there are two other Council Members who would like to serve on the committee.
These Council Members can take the responsibility of leading the initial discussions with
staff.
Mr. Reiner and Mr. Keenan indicated they would be willing to serve on the committee.
RECORD OF PROCEEDINGS
Minutes of Du blin City Coun
Mr. Reiner
1. Congratulated Mr. McDaniel on his recent promotion to Brigadier General. This is
quite an honor, and Council is very proud to have one of Dublin's own achieve this
rank.
2. Noted that a recent Letter to the Editor in the Columbus Dispatch written by John
Damschroder was very well done. His comments about political cronyism were
very interesting, and his letter provided a very concise and eloquent explanation of
Dublin's position on the regional economic development agreement. If other
Council Members have not yet had the opportunity to read this Letter to the Editor,
he encourages them to do so.
Ms. Chinnici - Zuercher
1. Asked if the Columbus Dispatch had contacted any Council members or staff, and if
so, who discussed with them the City's position (regarding the regional economic
development agreement) before the editorial was published in opposition to
Dublin's position.
Ms. Grigsby responded that she is not aware of anyone on staff who was contacted by the
Dispatch. The City actually contacted the Dispatch after the editorial ran to notify them of
Dublin's concerns with their information. A meeting has been scheduled with some
members of the Dispatch editorial board later this week to discuss those issues.
Ms. Chinnici - Zuercher stated that she believes it would be appropriate for the Mayor to be
present in that meeting, if he is available, as it was the elected body who publicly took the
formal position, which the Dispatch is now opposing.
Ms. Puskarcik stated that when she called the Dispatch, they responded that the editorial
is the view of the newspaper and Mr. Wolfe. She shared that the City had concerns about
some of the information expressed. They responded that they would welcome the City
staff to an upcoming editorial board meeting. Glen Schiller and others will be present at
that meeting.
Ms. Chinnici - Zuercher stated that one of the messages she would like to have shared is
that Council never indicated they would not cooperate with all of their colleagues in the
region to attract new business. In fact, Council stated that is something they would
encourage the staff and elected bodies to continue to participate in, and even suggested
that there be meetings with the elected bodies. The primary emphasis of the editorial was
that Dublin City Council was not interested in collaborating and cooperating to bring in
new businesses. This was never Dublin's position. It may be the editor's opinion, but she
is not certain of the basis for that opinion.
Ms. Grigsby responded that anytime staff has had discussions or follow -up on this, that
has been made very clear to them. She has personally emphasized that Council's position
was to continue to have discussions, as the City's main focus is bringing new jobs to the
City of Dublin and to the region. She noted that is the City's primary interest -- not
moving jobs around the region.
Ms. Puskarcik stated that in the interest of accuracy and regionalism, Ms. Grigsby and she
have discussed whether there is a need to identify some other communication channels to
clarify Council's position. However, they will wait until the meeting with the Dispatch has
occurred and then make that decision.
Mr. Keenan stated that there is a significant difference in the ways in which Dublin
incentivizes economic development, which he believes the general public is not aware of,
and that was entirely lost in what the Dispatch communicated. Other entities are giving
away a completely different package of incentives.
Ms. Puskarcik stated that she believes there is a need for Dublin to self - publish some
information.
Mr. Gerber stated that there was an inference by the Dispatch and Mr. Wolfe that either
"you are on the bus or off the bus of the central City," yet that is not the position Council
was advocating. Dublin is supportive of economic development in the central Ohio region,
and that was not understood. It is important to have Dublin's own message sent out.
RECORD OF PROCEEDINGS
Dublin Citv Council
Mr. Reiner stated that was the positive aspect of the rebuttal submitted by Mr.
Damschroder. He pointed out that Dublin is the leader in drawing jobs into this region. It
was very well articulated within a couple of paragraphs.
Mayor Lecklider stated that during Council's previous discussion on this issue, every
Council Member expressed the desire to encourage cooperation and collaboration with the
City's peer communities, including the City of Columbus, with respect to attracting new
jobs to Central Ohio. The media and some of the others involved in this effort seem to
want to portray something different to the public, likely because some other communities
have followed Dublin's lead in this matter.
Ms. Chinnici - Zuercher continued:
2. Regarding the Police report, Ms. Chinnici - Zuercher requests a brief presentation at
a future meeting on staff's opinion about why the increases in incidents have
occurred. There are likely some very good strategies in place to educate the
public, and a presentation of that information to Council would be helpful.
Chief von Eckartsberg indicated he could provide this update at an upcoming meeting.
3. Stated that the dinner with the Chinese delegation last Monday was excellent. Two
things she would encourage staff to do are:
• To provide Council with the business plan for the global expansion the
City is pursuing, so that Council understands the goals and to identify
the opportunities for Council's participation. She is unclear about why
the delegation was in Dublin, and what the next step is for the City.
• To display the lovely gifts the Chinese delegation presented to Council,
so everyone can view them. This should be done at the next Council
meeting. She noted that in the international arena, the protocol is to
present such gifts. Dublin needs to create something that is
representative of the community to present as gifts, not something that
is purchased from Dublin, Ireland.
Mr. Keenan suggested that the scrolls be displayed in the Council Chambers at the next
Council meeting.
4. Reported that she is serving on the Mid Ohio Regional Planning Commission search
committee for their next Executive Director.
5. Stressed the importance of achieving closure on the agreement with the Dublin
Arts Council. In her observation, there is significant tension with this not - for - profit
entity that the City established. It is important to set aside whatever differences
there are in order to build the wonderful program desired for this community,
which the professionals at the Arts Council can do for the City.
Vice Mayor Sala y reported that, during the holidays, Council received miniature evergreens
in their Planning baskets. Most of those trees have been relocated to the park on Woerner
Temple across from the frisbee disc golf course. She commended staff on the excellent
re -use of those plants.
Mayor Lecklider
1. Reported that he received an invitation from Mid Ohio Regional Planning
Commission via mail inviting the City to comment on the transportation plan.
Ms. Grigsby responded that staff has submitted comments on behalf of the City to MORPC.
2. Stated that he and Mrs. Boring had the opportunity to attend Dublin's Police
Memorial Service this past Thursday. Over the years, other Council Members have
attended these annual services as well. It was a solemn occasion, but he was very
proud that Dublin, as a community, recognizes those officers who have made the
ultimate sacrifice in service to their communities. The ceremonies were very well
done.
3. Stated that he looks forward to seeing everyone on Monday at the Memorial Day
observance and events in Dublin.
RECORD OF PROCEEDINGS
Minutes of Dublin City Council _ Meeting
May 21, 2012 Page 21
The meeting was adjourned at 9:25 p.m.
Mayor • • . Officer
Q, I% r .
Acti6fi Clerk of Council