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HomeMy WebLinkAbout11-20-17 Council MinutesRECORD OF PROCEEDINGS Minutes of Dublin City -Council Meeting BARRETT BROTHERS - DAYTON, OHIO Held CALL TO ORDER November 20, 2017 Mayor Peterson called the Monday, November 20, 2017 Regular Meeting of Dublin City Council to order at 6:00 p.m. in Council Chambers at Dublin City Hall. ROLL CALL Form 6101 Present were Mayor Peterson, Vice Mayor Reiner, Ms. Alutto, Mr. Keenan. Mr. Lecklider joined the executive session in progress. Ms. Salay and Ms. Amorose Groomes were absent (excused). Staff members present were Mr. McDaniel, Ms. Readier, Ms. Crandall, Ms. Mumma, Ms. Goss, Chief von Eckartsberg, Nis. O'Callaghan, Mr. Earman, Mr. Rogers, Ms. Burness, Mr. Hammersmith, Ms. Gilger, Mr. Kridler, Mr. Gaines, Mr. O'Brien, Ms. Nardecchia, Ms. Richison and Mr. Plouck. EXECUTIVE SESSION Mayor Peterson moved to adjourn to executive session for the purpose of discussing the purchase of property for public purposes. Vice Mayor Reiner seconded the motion. Vote on the motion: Mr. Keenan, yes; Ms. Alutto, yes; Mayor Peterson, yes; Vice Mayor Reiner, yes. Mr. Lecklider joined the executive session in progress. The meeting was reconvened at 7:00 p.m. PLEDGE OF ALLEGIANCE Ms. Alutto led the Pledge of Allegiance. SPECIAL PRESENTATIONS • Tolles Career & Technical Center Ms. Emmy Beeson, Tolles Career & Technical Center Superintendent, and Page Vornbrock, Dublin City Schools Business Advisory Council, were present. Page Vornbrock, 8963 Lea Court, Dublin, stated that on behalf of the Dublin School District and the seven other schools represented by the Tolles Career & Technical Center, he is pleased to introduce new Tolles Superintendent, Ms. Emmy Beeson. Ms. Beeson served as the former superintendent of Ridgemont School District. Ms. Beeson stated that she has been in her new position for three months and has been meeting with as many businesses and industries as possible. The theme of those discussions is common: there are limited new workers to replace the retiring "baby boomers;" in many fields, there is a skill gap in potential new workers that needs to be addressed; changes/adjustments are occurring to the traditional path or need for a four- year degree after high school graduation. • Tolles Career and Technical Center was established in the early 1970s and is named after the first superintendent, Harry E. Tolles. It represents seven school districts including Dublin, Hilliard and five rural districts. • The school continues to operate on a levy approved by taxpayers specifically for Tolles, never requesting the voters for a renewal or increase, even though the village has been reduced three times. • fn Ohio, a career and technical center can begin to serve students in middle school, but a true pathway typically begins at the 11th and 12th grades. Tolles provides the traditional career technology programs — automotive technology, collision repair and construction technologies. • They also provide the newer career technologies, such as marketing, logistics and digital media production. There is a wide range of programs from exercise science to pharmacy. • They run full-day programs with the students spending half the day in academics and half their day in a career lab. Some school districts provide half-day busing RECORD OF PROCEEDINGS Minutes of--Dub-J n City Council Meeting BARRETT BROTHERS - DAYTON, OHIO Form 6101 Held November 20, 2017 Page 2 with the academics being provided by the home district and the career technical training at the Tolles campus. • The total enrollment from the Dublin high schools is 36 from Coffman, 17 from Jerome and 39 from Scioto. There are also Tolles satellite programs at the individual high schools. • Bridge programs are provided to the middle schools and 9th and 10th grades to introduce them to potential programs. • Many employers are offering additional training opportunities to Tolles students in order to bridge the gap in what business and industry need. The satellite programs in Dublin have twice as many students as the programs on their campus in Plain City. • Approximately 97% of their students graduate on time, and 97% achieve a positive placement in the work force, military or a college subsequent to their graduation. Seventy percent of their students graduate with an industry credential ready for the workforce and 60% go on to secondary or post- secondary training. Only 35% go directly into the workforce. Their goal is to help kids understand what their passions are, identify their skills and to connect those skills to a need in the world. [Video shown] Their mission at Tolles is to lift all kids, and she will continue to look for ways in which to partner with Dublin City Schools to continue to lift all kids. Vice Mayor Reiner asked if there are any statistics on the number of young adults who remain living in their parents' homes with unusable four-year degrees. Ms. Beeson responded that she does not have those statistics with her, but a high percentage of people with four-year degrees are either employed outside of their four- year degree field or still looking for employment. The national debt for four-year college education exceeds a trillion dollars. A four-year degree certainly is necessary in many fields, but for some students, there may be another way to obtain a degree, such as their employer paying for the education. Colleges have indicated that there is a significant mismatch between what students want to pursue and what is actually necessary in the current economy. Part of their job is educate them on what jobs are available, what amount of money can be made, and what skills are needed. For example, a student may want to be a video game designer, but there is not an abundant need for them. The challenge is in how those creative ideas be turned towards a field that can produce income. Mayor Peterson noted that he had been unaware of the extent of 'foIles programs until Mr. Vornbrock, who is very invested in this community, introduced him to Ms. Beeson. The Dublin community is very fortunate to have the educational opportunities that Tolles provides students. Dr. Hoadley is also supportive of Tolles. Do all middle -school students receive a tour of the Tolles facility? Ms. Beeson responded that an attempt is made to provide all the middle -school students and the 10th grade students tours of their facility so they are aware of the options available to them. The equipment the students work on at Tolles is the same equipment they would use in business and industry. Mayor Peterson thanked Ms. Beeson for her presentation. • Sedona Grace Foundation —J) HI Cottone, Founder Ms. Cottone, 2503 Starford Drive, Dublin stated that Sedona Grace is a 501C3, Dublin - based foundation. They provide pet food to area food pantries, so that people who are experiencing financial hardships do not have to give up their pets. There is a problem with over -crowding in the shelters. Currently, there are 10 food pantries to whom they ! provide supplies. To date, they have delivered 62 tons of pet food to the pantries. They have been in business for seven years. The Sedona Grace Foundation was founded when their beloved pet, Sedona, passed away. They had adopted her, a well-trained, beautiful dog, at age three from the Franklin County Pet Shelter. They always wondered whether difficult circumstances prompted her previous owners to give her up. This concern was the impetus for establishment of this foundation. Volunteer opportunities RECORD OF PROCEEDINGS Minutes of BARRETT BROTHERS - DAYTON, OHIO Held Dublin City Council, Meeting November 20, 2017 Page 3 Form 6101 with the Foundation are provided to school students and scout programs. They rent a space at the Smoky Row Brethren Church where volunteers bag pet food. The foundation, whose motto is "Keep Pets with their Families," was featured in the Columbus Dispatch several years ago. Mayor Peterson stated that the volunteer service they are providing is much needed. Pets can provide peace and comfort, especially to older people. Ms. Cottone responded that is the case. They are aware of cases where elderly people were sharing their food with their pets. Mayor Peterson inquired about donations. Ms. Cottone responded that the Foundation completely relies on donations, both financial and pet food. Any donation is welcome. CITIZEN COMMENTS [There were no comments from citizens.] CONSENT AGENDA Mayor Peterson moved approval of the two items on the consent agenda. Ms. Alutto seconded the motion. Vote on the motion: Mr. Lecklider, yes; Vice Mayor Reiner, yes; Mr. Keenan, yes; Ms. Alutto, yes; Mayor Peterson, yes. • Approval of Special Meeting Minutes of November 1, 2017 • Approval of Regular Meeting Minutes of November 6, 2017 TABLED/REFERRED ITEMS SCHEDULED FOR HEARING Ordinance 24-17 (Amended) Amending the Dublin Codified Ordinances to Prohibit the Sale or Other Distribution of Cigarettes, Other Tobacco Products, or Alternative Nicotine Products to Persons Under 21 Years Old; to Require Licensure for the Sale of Tobacco and Alternative Nicotine Products within the City of Dublin; and to Authorize the City Manager to Contract with Franklin County Public Health to Act as the City's Agent for Licensing Tobacco and Alternative Nicotine Product Retailers, Ms. Readler introduced Thaddeus Boggs, Associate with Frost Brown Todd. Mr. Boggs has had previous experience with the City of Upper Arlington with the passage of their Tobacco 21 legislation. Working with Franklin County Public Health Commissioner doe Mazzola, the City of Dublin has expanded the scope of the City's legislation. Overview: Mr. Boggs stated that he came to Frost Brown Todd from the City of Upper Arlington, where in 2015, the City passed the first Tobacco 21 ordinance in the state of Ohio. The legislation was proposed to them by Dr. Robert Crane, who is also present this evening. Building upon its existing Code provision prohibiting sale to or possession by people under the age of 18, City Council introduced Tobacco 21 legislation earlier this year to amend the Code to prohibit the sale of cigarettes or tobacco products to people between the ages of 18 and 21. That ordinance was tabled. Subsequent meetings with the Franklin County Public Health Department and several other communities in central Ohio ultimately arrived at a licensure system, which in coordination with Franklin County Public Health would create a civil element in the Tobacco 21 legislation in addition to the misdemeanor criminal element. In addition to having a criminal prohibition on the sale of tobacco products to people under the age of 21, the revised ordinance would require licensure by parties interested in the retail sale of tobacco products. Under existing state law, cigarette vendor licensure is administered by the County Auditor's Office. The proposed legislation would reach other types of tobacco products, including e -cigarettes and loose, chewing and pipe tobacco. A retailer would be required to submit an application and pay a licensing fee. If they violated the prohibition against a sale, they would be subject, not only to the misdemeanor criminal components, but also to civil penalties and suspension or revocation of their license. RECORD Or Minutes of Duhlin City Council Meeting BARRETT BROTHERS - DAYTON, OHIO Held November 20, 2017 Page 4 Form 6101 They would also be vulnerable to an injunctive action. The revised legislation provides a number of other enforcement mechanisms for the City. The Franklin County Public Health Department has offered to administer the licensure system for the City, and this ordinance would also authorize a contract with Franklin County Public Health Department to administer that licensure system. The contract would automatically renew unless terminated. The compensation to Franklin County for administering that system would be the licensing fees and any other associated fees. Mayor Peterson invited public testimony. Jeff Stephens, American Cancer Society Cancer Action Network, 555 Frantz Road, stated that he serves as the agency's Government Relations Director in the State of Ohio. They want to go on record in support of this legislation. He speaks on behalf of an active coalition of Ohio organizations who support the adoption of Tobacco 21 measures across the state and local municipalities. The American Cancer Society Cancer Action Network, American Heart Association, American Lung Association and Campaign for Tobacco -Free Kids all hold the same position and support a Tobacco 21 legislation that would make it unlawful to sell or distribute a tobacco product to anyone under the age of 21. Tobacco 21 legislation may reduce the number of young people who use and become addicted to tobacco products and, ultimately, help reduce disease, premature death, and the exorbitant health care costs associated with the use of those products — costs that citizens must subsidize. A new American Cancer Society study indicates that cigarette smoking is responsible for one-third of our cancer deaths. In 2014, Y,500 Ohio deaths were directly attributable to the use of tobacco. Including all diseases — lung, heart, etc. — that number is 21,000 plus who are dying from the use of tobacco products. Ohio's rate is the eighth highest in the nation. The use of tobacco is the leading preventable cause of disease and death in the United States and is responsible for $5.6 billion annual health care costs within the State of Ohio. Approximately 95% of adult smokers began smoking before they turned 21. In Ohio alone, the tobacco industry spends over $1 million a day marketing its products and securing its next generation of customers. Based on decades of evidence -based science, we know how to combat the problem — (1) funding smoking prevention and cessation programs; (2) raising the price of tobacco products through excise taxes; and (3) enacting smoke-free laws. Over the years, the City of Dublin has been a leader in smoke-free efforts, and they ask that the City continue its leadership in this realm. They support the amended Code language and the proposed infrastructure that would implement strong licensure enforcement mechanisms, which are critical. There are so many definitions for the alternative nicotine product, but e -cigarettes are a tobacco product, as classified by the FDA. He will be studying the legislation more closely, but as proposed, it appears to cover all the products. Therefore, on behalf of Ohio's most credible and respected health advocates and stakeholders, he urges Council to support efforts that would prohibit sales of all tobacco products to those under the age of 21. It is essential to reduce the number of young people who start on a path of using tobacco and a lifetime of addiction. Rob Crane, M.D., The Ohio State University College of Public Health, thanked Council for taking a comprehensive look at how this effort should occur. The effort has come a long way. Four years ago, these laws covered 0% of the country; now, it is 25%. He noted that it is essential to focus on enforcement. The existing up to age 18 legislation is [lot sufficient; youth continue to obtain cigarettes. This new legislation will enable "secret shoppers" to visit retail sites to remind our retailers of the need to be cautious. Ninety percent of retailers do this well, but young people quickly find that other ten percent of the retailers. Sting operations are critical; otherwise, the rogue retailers end up supplying all the youth, some quite young. They are attempting to work with the Franklin County Public Health Department to conduct sting operations, but the Department is reluctant at this time to do so. They would like to model the City of Columbus ordinance, where the City Health Department does the sting operations. A "secret shopper" walks in and attempts to buy a ,nicotine product. If the retailer fails the test, there is a warning and fine. If the practice continues, they receive a suspension — that typically gets the attention of the retailer. The City of Dublin's leadership beginning 15 years ago with Smoke I -ree Dublin has been greatly appreciated. RECORD OF PROCEEDINGS Minutes of niihlin CAVCQunril Meeting BARRETT BROTHERS - DAYTON, OHIO Held November 20, 2017 Page 5 Mr. Keenan commended Mr. Lecklider who has championed this issue over these many years. Form 6101 Mr. Lecklider stated that he appreciates those comments. He appreciates Dr. Crane's efforts to encourage the City to enact legislation with adequate enforcement. Dr. Crane has been involved with this effort across the country and has been able to identify weaknesses in some of the legislation that has been passed. He added that his own father began smoking at age 18 and died of lung cancer at age 55. He is looking forward to passage of this legislation at the next meeting. There will be a second reading/public hearing on December 4, 2017. Resolution 81-17 Authorizing the City Manager to Enter into a Contract with Frost Brown Todd, LLC for the Provision of Legal Services. Mr. Keenan noted that the resolution was introduced on November 6 and the contract was presented for consideration during the budget hearings. No questions or concerns were expressed at that time; therefore, it would be his recommendation that Council approve Resolution 81-17. Vote on the Resolution: Vice Mayor Reiner, yes; Mayor Peterson, yes; Mr. Keenan, yes; Ms. Alutto, yes; Mr. Lecklider, yes. SECOND READING/PUBLIC HEARING — ORDINANCE Ordinance 75-17 Adopting the Annual Operating Budget for the Fiscal Year Ending December 31,2018m Ms. Mumma stated that the first reading of the 2018 Operating Budget occurred on Monday, November 6, and a budget workshop was held on Wednesday, November 8. A follow-up memo addressing the questions raised at the workshop has been provided in tonight's meeting materials, Additionally, a memo from Mr. Rogers, Director of Human Resources has been provided tonight that contains the remaining information requested at that budget workshop. Council had no additional questions. Vote on the Ordinance: Mayor Peterson, yes; Ms. Alutto, yes; Mr. Lecklider, yes; Vice Mayor Reiner, yes; Mr. Keenan, yes. Ordinance 76-17 Amending Various Sections of Ordinance 15-17 (Compensation Plan for Non - Union Personnel) and Adding Section 17 (Compensation and Benefits Eligibility Chart), Mr. Rogers stated that there have been no changes since the first reading of this ordinance on November 6. Vote on the Ordinance: Mr. Lecklider, yes; Vice Mayor Reiner, yes; Mr. Keenan, yes. Mayor Peterson, yes; Ms. Alutto, yes. Ordinance 77-17 An Ordinance, Pursuant to Section 731.231 of the Ohio Revised Code, Adopting a Standard Code Known as the International Fire Code/2015 Pertaining to Fire, Fire Hazards, and Fire Prevention as Prepared and Promulgated by the International Code Council (ICC), a Public or Private Organization Publishing a Model or Standard Code, and Repealing the Ordinance of the Existing Fire Code. Ms. Goss stated that, pursuant to Ohio Revised Code, the Washington Township Board of Trustees has adopted the International Fire Code/2015. As written, the standard Code addresses administrative updates and also grants Washington Township Trustees the RECORD OF PROCEEDINGS Minutes of BARRETT BROTHERS - DAYTON, OHIO Held_ Dublin City Council Meeting November 20, 2017 Page 6 Form 6101 ability to assess a charge of up to $300 for each subsequent false alarm occurring after three false alarms by a system. There are no changes since the first reading on November 6. Washington Township Fire Chief O'Connell is present tonight to respond to any questions. Mr. Keenan stated that this is a housekeeping measure for adoption of the new revised Fire Code. Vote on the Ordinance: Ms. Alutto, yes; Mr. Lecklider, yes; Mayor Peterson, yes; Vice Mayor Reiner, yes; Mr. Keenan, yes. Ordinance 78-17 (Amended) Amending Sections 153.058, 153.059, and 153.062 of the Dublin Codified Ordinances (Zoning Code) to Create the Historic South District and Associated Regulations within the Bridge Street District. (Case 17-052ADMC) Ms. Rauch stated that the amended ordinance provides the following minor updates that are based on Council's discussion at the November 6 meeting: • The proposed Code has been modified to address the concerns about the hourly restrictions for eating and drinking establishments to be consistent throughout the District, and to ensure that the maximum square footage for exercise and fitness facilities fit within the building footprint permitted by the building type. The proposed amendment aims to restrict future development within the southern part of the 1=listoric District by limiting building footprints, building height and lot coverage. • Council expressed concerns about how the Historic Dublin Design Guidelines and the Code would work together. Staff recommends the Code amendment be adopted as proposed, and the update of the Historic Dublin Design Guidelines be prioritized for completion and submission for adoption by the summer of 2018. Council Discussion: Ms. Alutto thanked staff for the changes that were made to address Council's concerns; however, her concerns remain similar as expressed at the last review. She would like to put additional layers on a section of the Historic District that deserves a much more comprehensive look. A way forward could be to give direction to ARB that in terms of development for this area, they need to look at the Historic Dublin Design Guidelines first and foremost. She hesitates to adopt this Code before looking at the Historic Dublin Design Guidelines and a comprehensive picture for the District. It would be more difficult to change the Code later and an unnecessary complexity. Instead, Council could give ARB the appropriate instruction to bridge the gap between now and the adoption of updated Historic Dublin Design Guidelines, which is only a year away. Mayor Peterson stated that because he has not served on the ARB, PZC and BZA, he does not likely thoroughly understand the Code or the Guidelines and how they work together. ARB applicants have expressed frustration with understanding how the Code and Guidelines work together. When there is not a direct conflict, it is necessary to understand which supersedes the other, or if they work in conjunction. The goal of the update to the Historic Dublin Design Guidelines is to clarify the issues. Therefore, if Council were to approve the proposed Code amendments tonight, would that in any way impede our efforts to achieve a better fit between the Code and the Guidelines? Ms. Rauch responded that it would not have a negative impact. The need will remain to to review both pieces simultaneously and provide consistent feedback to applicants. Adopting this Code amendment provides some protection, which meets the direction given by Council to staff to make sure that development is not permitted that is completely out of scale, based on residents' concerns. That component will be addressed with the Design Guidelines update. Mr. Keenan inquired if timing was a consideration. There was a desire to have something in place before the next development is proposed. RECORD OF PROCEEDINGS Minutes of nhlin_ _L'ni inciL Meeting; BARRETT BROTHERS - DAYTON, OHIO Held November 20, 2017 Page 7 Form 6101 Vice Mayor Reiner stated that this legislation comes as a result of citizens' concerns about a property being over -built in a way that would negatively affect the entire area. The proposed legislation would enable the City to address a similar future situation more effectively. The Code amendment provides architectural details, setbacks and building heights, although the Design Guidelines update will address many other issues the Historic District is concerned about. He is supportive of this Code amendment. Mayor Peterson concurred, provided that prioritization is made for completion and adoption of the Guidelines next summer. Will that project begin early in 2018? Ms. Rauch responded affirmatively. It will require public input to ensure the issues are being addressed appropriately. Mayor Peterson inquired if, in the interim, it is possible for Council to provide advice that one or the other should prevail? Is some clarification needed for the interim? Ms. Rauch responded that when staff reviews are provided to ARB, both sets of information are provided as guidance to ARB for making their recommendations or decisions. Several training sessions with ARB have occurred to ensure that they are comfortable and confident in making their decisions. Mayor Peterson inquired if ARB understands the "weight" that they have authority to give to the Guidelines. Ms. Alutto inquired if staff believes Council would complicate the issue in the future when they take a more comprehensive view of the District. It is critical to protect this area. Ms. Rauch responded that this is not the last chance to update the Code. If something is recognized later to be in conflict with the intent, or needs to be changed to be more clear — the Code could be amended further. Staff considers consider the issues comprehensively. Mayor Peterson stated that the intent was to prevent anything negative from occurring in the interim. Ms. Rauch agreed. The goal was to limit development character in this particular area of the City, and to have something in place to protect in response to the residents' concerns. Mayor Peterson asked how the review process for updating the Design Guidelines would be approached. Would it involve a task force? Ms. Rauch responded that staff would first work with a consultant to evaluate the existing guidelines to determine what should be retained, changed or added. That work would then be taken through a public review process. ARB would be engaged, as well as Council through a work session, if desired. Ms. Alutto suggested that some key members of the public be selected to work with staff and the consultant at the outset, versus bringing an 80% developed work to the public to consider. That may not be the typical process, but over the last several months, Council has heard frequent complaints from the public that they have not been engaged early enough in the process. Having key communicators involved within the affected District — in this case, the Historic District — would be critical to have early in the process, as opposed to providing something to them later. Mayor Peterson stated that he appreciates staff's efforts and the many meetings that were involved in creating these amendments. They are doing a tremendous amount of work. Mr. Lecklider stated that this is what Council requested that staff formulate in response to concerns expressed by residents. He believes it is better to pass it than to not do so. Although it would be great to have the updated Design Guidelines to review at the same time, that is not the case, so it is better to make the best of the situation. Mayor Peterson invited public comment. RECORD OF PROCEEDINGS Minutes of Qub.lin(_'i l rel incil Meeting BARRETT BROTHERS - DAYTON, OHIO Form 6101 Held November 20, 2017 Page 8 Jay Eggspuehler, 7250 Coffman Road, Dublin stated that he owns the parcels at 14-18 and 22 South High Street. He would like to reiterate the concerns about having stopgap zoning regulations prior to having the vision and the plan in place. He believes that is a mistake. It is important to back up and update the Design Guidelines that will be used, asking how the zoning regulations and restrictions if put in place would advance the historic character. How is that consistent with the history of Dublin? He urged Council to bring the Guidelines and the zoning forward together, so that it possible to enact a fully comprehensive plan that is consistent with everyone's vision. A working task force would be great, comprised of members of the City, representatives of the commercial property owners, and residents — all working together on those guidelines. The guidelines would then be presented to Council and ARB for review, tweaking and approval. He is not sure that putting in place a stopgap in response to a few, legitimately concerned residents at this point is the way to go without the bigger vision and more clear plan as to the future. Ms. Alutto stated that she appreciates his comments. She is not certain what else Council can do to protect this area in the interim -- other than a moratorium, which is not preferred. She asked if the review process is also part of the overall consideration. There have been complaints about the City's review process. Ms. Rauch responded that the review process is not included in the Guidelines; it is part of the zoning code, but it is not addressed with this amendment. That portion would be considered as part of a larger Code amendment. There have been significant discussions about that topic. Mayor Peterson asked if that review process refers to the entire Bridge Street Zoning Code. Mr. Rauch responded affirmatively. Vote on the Ordinance: Vice Mayor Reiner, yes; Mr. Keenan, yes; Mayor Peterson, yes; Ms. Alutto, yes; Mr. Lecklider, yes. Ordinance 79-17 Rezoning 25 Parcels Totaling Approximately 5.04 Acres from BSD -HC, Bridge Street Historic Core District to BSD -HS, Bridge Street Historic South District. (Case 17-074Z) Ms. Rauch stated there is no additional information beyond what has been presented with Ordinance 78-17. Vote on the Ordinance: Mayor Peterson, yes; Mr. Keenan, yes; Vice Mayor Reiner, yes; Mr. Lecklider, yes; Ms. Alutto, yes. Ordinance 80-17 Adopting and Enacting a Supplement (S-42) to the Code of Ordinances for the City of Dublin, Ohio. Ms. Readier stated there are no changes since first reading. This is a housekeeping measure to codify amendments to the City Code. Vote on the Ordinance: Mr. Lecklider, yes; Ms. Alutto, yes; Mayor Peterson, yes; Vice Mayor Reiner, yes; Mr. Keenan, yes. Ordinance 81-17 Authorizing the Provision of Certain Incentives to Infoverity, LLC to Induce it to Lease a Facility to Retain and Expand an Office and Its Associated Operations and Workforce, All Within the City; and Authorizing the Execution of an Economic Development Agreement. Mr. Kridler noted there are no changes to this ordinance since its introduction. Present tonight is Matt Wienke, Founder and Partner with Infoverity who will share additional information about his company. Matt Wienke, Infoverity stated that the City has been a major supporter of Infoverity since their founding in 2011. They are headquartered at 5131 Post Road. Prior to that, they were in a building no longer in existence as a result of the Bridge Park development. They have grown from a team of six in 2011 to over 100 people at present. Their RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting BARRETT BROTHERS - DAYTON, OHIO Form 6101 Held November 20, 2017 Page 9 personnel are in 14 states and four countries. The greatest density of their staff is in central Ohio and commutes daily to/from Dublin or resides in Dublin. Some noteworthy recognition they have received include the following: • Listed as a "Best Place to Work" by Business First in 2016 • Awarded first place recognition in 2017 for their category as a Small Business • Listed this year for first time in the "Inc. 5000" in the 1291St position, which is scored by annual growth rate over the prior three years • Have been recognized by Computer World magazine as "Best Place to Work in IT" for two years — 2016 and 2017 • Named within the Columbus Business First "Fast 50" in 2017 They have hired seven staff members locally in the Dublin area in 2017 and they have nine committed to join the company in 2018. Their pace of growth continues to accelerate, and they anticipate needing more than the number of personnel listed in their credit packet for 2018. In terms of background, they are a consulting firm. They hire smart young people as well as experienced individuals. Their mission as a company is to simplify information and make it easier to use, helping their clients that include large organizations and multi- national companies to monetize the value of their information, secure it, and improve the quality of people's lives. The individuals they seek to hire and develop are high wage positions and they drive a significant tax value. With the youth hired, the company invests heavily in them. Given the press about the value of STEM curriculums and attracting and retaining knowledge workers, this is the kind of organization they are building and it is founded on the value of those individuals. They are increasing the density of those employees in this region. Dublin's investments over many years have helped the company to acquire new talent and retain those individuals. Their retention rate is in excess of 96-97 percent over the last seven years. The tax incentive they are seeking is of more direct overture that they request from the City of Dublin to invest back in the company to help fuel their growth by hiring and developing those very needed skillsets. Vice Mayor Reiner commented that Mr. Wienke would be a good person to interact with students enrolled in the Dublin Schools upcoming STEM high school. Mr. Wienke responded that they are very involved in a wide range of curriculum, and he would be happy to do that. The Tech Elevator curriculum in Columbus is also one they frequent. They are involved at The Ohio State University. They have been involved in helping to invest back in the curriculum within the MIS Department at Ohio University. Those investments are very valuable for them as. well, because they are able to promote career choices in this field. Vice Mayor Reiner congratulated him on the many awards the company has received. Vote on the Ordinance: Mr. Keenan, yes; Vice Mayor Reiner, yes; Mr. Lecklider, yes; Ms. Alutto, yes; Mayor Peterson, yes. INTRODUCTION/ FIRST READING — ORDINANCES Ordinance 82-17 Establishing the Annual Appropriations for the Fiscal Year Ending December 31, 2018. Mr. Lecklider introduced the ordinance. Ms. Mumma stated that this ordinance appropriates the funds for the 2018 operating budget that was adopted earlier tonight. There will be a second reading/public hearing at the December 4 Council meeting. Ordinance 83-17 Amending the Annual Appropriations for the Fiscal Year Ending December 31, 2017. RECORD OF PROCEEDINGS Minutes of Dublin n City C i incil Meeting BARRETT BROTHERS - DAYTON, OHIO Held.. November 20, 2017 Page -1,0 Form 6101 Mr. Lecklider introduced the ordinance. Mr'. Gaines stated that staff is bringing forward what they believe is the final amendment to the annual appropriations for 2017. Most relate to capital projects, funds for which have previously been authorized. However, with six weeks remaining in the fiscal year, there may be some additional changes included prior to the second reading. There will be a second reading/public hearing at the December 4 Council meeting. Ordinance 84-1.7 Amending Chapter 97 of the Codified Ordinances Revising the Sidewalk Maintenance Requirements Mr. Lecklider introduced the ordinance. Ms. O'Callaghan stated that last year, in the CIP update process, the sidewalk maintenance program and associated City policies and procedures were discussed. At Council's directive, staff performed an updated citywide sidewalk condition inspection and assessment this past spring of 2017. This information was used to develop construction estimates for the removal and replacement, as well as shaving of sidewalk panels throughout the City in need of repair. Sidewalk maintenance responsibilities were most recently discussed during the August 21 CIP workshop, and staff indicated they would bring back a Code amendment clarifying the sidewalk maintenance responsibilities. The staff report in the packet provides comprehensive background information on sidewalk maintenance back to the early 2000s. Curb and gutter maintenance is also discussed in the memo. An important factor in maintaining high quality infrastructure throughout Dublin is to have clear delineation of maintenance responsibilities in the Code. Accordingly, staff recommends amending Section 97.21 of the Codified Ordinances to clarify maintenance responsibilities associated with sidewalk, curb and g utter. The proposed Code amendment would continue to require the abutting property owner to keep the sidewalks free from snow, ice or any nuisance. The Code would then require the City to be responsible for the repair or replacement of the sidewalk and curbs and gutters, except when the City Manager determines damage is caused by the abutting property owner. In those cases, the property owner would be responsible for the repair. In addition, staff is working on incorporating the sidewalk and curb and gutter assets into the Infrastructure Asset Management Program, which means that staff will be maintaining an up-to-date inventory in GIS, will perform routine fields inspections, assess the condition and identify maintenance needs on an annual basis. Staff believes the proposed Code amendment codifies Council's expectations and the City's past practices with regard to sidewalk and curb and gutter maintenance and will help to ensure these infrastructure assets are maintained effectively and consistently throughout the City into the future. Staff therefore recommends Council approval of Ordinance 84-17 at the second reading/public hearing, revising the subject maintenance requirements. Ms. Alutto stated that the staff report indicates other cities/communities surveyed or that staff contacted. Which communities did staff engage with? Ms. O'Callaghan stated that there is a list of cities engaged throughout the country. She first surveyed her counterparts in the region. Staff then expanded the search across the country and contacted a few cities that have assumed maintenance responsibilities for these items to understand how they go about doing that as well. Ms. Alutto responded that this helps her understand the big picture. The information provided is excellent. Mr. Lecklider thanked staff for their work on these Code amendments. As staff has pointed out over the years, the City does not have an obligation to perform this RECORD OF PROCEEDINGS Minutes of BARRETT BROTHERS - DAYTON, OHIO Held Dublin City Council November 20, 2017 Page 11 Meeting Form 6101 maintenance. It is a matter of policy and the desire to do this. The City has the ability to do the maintenance from a financial standpoint. However, what is key is the statement that, "Cities that have elected to maintain sidewalks do so on the basis that sidewalks provide a community -wide safety and connectivity benefit." Next to the multi- use paths, sidewalks are a key element of neighborhoods and the community. People rely on well-maintained sidewalks. The City can impose that burden on the property owner, but if the City has the resources to do this, it is beneficial to the community. He is pleased that Dublin is able to do this. Ms. O'Callaghan pointed out that in the benchmarking section of the memo, staff did indicate that, generally, communities will require maintenance by the adjacent property owner. Many of those same communities have accepted responsibility for maintenance in the instance of a street tree root heaving the sidewalk, or a city utility. Those are the main exceptions identified in the benchmarking where cities have accepted the responsibilities for those repairs. Mr. Lecklider stated that still remains a burden on the property owner in some instances, as described, which is fair. There will be a second reading/public hearing at the December 4 Council meeting. Ordinance 85-17 Repealing Section 115.10 (Permit to Solicit Charitable Contributions on Highway) of the Dublin Codified Ordinances. Mr. Keenan introduced the ordinance. Ms. Readler stated that Section 115.10 of the Code provides a permitting process for charitable organizations to solicit contributions on highways. In order to obtain a permit, which is issued by Code Enforcement, a charitable organization must file an application specifying date and time of the solicitation, provide proof of insurance, and proof that the organization is tax exempt. Ordinance 85-17 will repeal Section 115.10. The impetus behind this legislation is safety. Recently, an individual soliciting contributions was seriously injured, and there have been similar cases across the country. There are concerns with the safety of this practice due to the dangerous situation created. While the service these charitable organizations provide to the Dublin community is appreciated, safety takes precedence. There will be a second reading/public hearing on December 4, 2017. INTRODUCTION/PUBLIC HEARING/VOTE — RESOLUTIONS Resolution 82-17 Requesting the Delaware, Franklin and Union County Auditors to Draw Money that May be in the County Treasuries and to Issue a Draft to the Director of Finance of the City of Dublin for any Money that May be in the Accounts for the City of Dublin. Mr. Lecklider introduced the resolution. Ms. Mumma stated that this legislation allows the City to request of each of the three counties advances of property tax collections during calendar year 2018. This allows the City to receive funds prior to the established distribution dates and results in additional interest income earned by the City. Vote on the Resolution: Vice Mayor Reiner, yes; Mr. Lecklider, yes; Mayor Peterson, yes; Ms. Alutto, yes; Mr. Keenan, yes. Resolution 83-17 Demonstrating the City of Dublin's Cooperation with the Ohio Department of Transportation for the Replacement of Guardrail End Treatments along US33 South of Post Road. (ODOT PID Number 104166) Mr. Lecklider introduced the resolution. Ms. O'Callaghan stated that the Ohio Department of Transportation has initiated a routine guardrail maintenance project at numerous locations throughout the region. A map identifying those locations is included in Council's meeting materials. Two of the RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting BARRET"T BROTHERS - DAYTON, OHIO Form 6101 Held November 20, 2017 Page 12 locations are within the Dublin corporation limits along US33 south of Post Road. The project is completely funded by ODOT. Construction is scheduled to begin in the spring and be completed next fall. Minimal, if any, traffic impact is anticipated. Per ODOT's standard practice before beginning a project inside a municipality, ODOT requires the City to pass legislation consenting to the project. Staff is supportive of the anticipated improvements and recommends passage of the resolution demonstrating the City of Dublin's cooperation with ODOT on this project. Mr. Lecklider inquired the motivation for this project — aging materials in need of replacement? Ms. O'Callaghan responded affirmatively; it is a routine maintenance/upgrade project for ODOT. Mr. Lecklider stated that the reason he asks is because there was a story on "60 Minutes" last night regarding safety hazards with the ends of these guardrails. When automobiles have struck them, the guardrail ends have gone right through the cars. It is a nationwide problem, and Ohio was mentioned as one the locations where these are in place. He was curious if there is a connection. Ms. O'Callaghan responded that she was not aware of that issue, but would look into it. Mr. Keenan requested that staff provide a follow-up on that matter for the next Council meeting. Ms. O'Callaghan responded that a follow-up would be provided. Vote on the Resolution: Mayor Peterson, yes; Mr. Lecklider, yes; Vice Mayor Reiner, yes; Ms. Alutto, yes; Mr. Keenan, yes. Resolution 84-17 Authorizing the City Manager to Execute an Agreement with Metro Data Center for the Dublin Entrepreneurial Center at 565 Metro Place South. Mr. Lecklider introduced the resolution. Ms. Gilger stated that this legislation authorizes a one-year renewal of the agreements with Metro Data Center for lease of the first and third floor spaces at 565 Metro Place South. The City's contribution includes most of the open spaces, training spaces and conference rooms — spaces that it is not possible to lease or put a tenant in. The City's contribution keeps the cost of the offices low for the DEC tenants. A comprehensive report was provided with the meeting materials that includes the current tenant list, as well as data regarding the typical DEC tenant. Mr. Lecklider inquired the length of time a tenant is permitted to remain in a space. One tenant appears to have been there 5-10 years. His understanding is that the intent is for the tenants to ""graduate" to a different space. Ms. Gilger responded that the tenants sign one-year leases. Annual meetings are held with each tenant to discuss where they are in their business plan and growth. At that point, staff recommends either that it is time for them to move on or appropriate to renew their lease. Some of them have been legacy tenants. Staff does foresee some turnover in the next couple of years, as the mission of the DEC is refined specific to certain industries, particularly with IT, to focus primarily on the tech -based businesses. Mr. Lecklider asked who is the tenant with the longest tenure. Ms. Gilger responded that the DEC has been in existence nine years. Get U Connected, who manages the DEC, has been there since the beginning. There may be one or two others, as well. Mr. Keenan inquired if JASCO is in that category. Mr. McDaniel responded that JASCO, the Japanese -American Service organization, is a service organization that the City wants to keep engaged. There are a couple of green initiative related companies — one that provides chemical treatment of diesel fuel and another that is solar -related. Those businesses have been there probably seven of those years. Ms. Gilger stated that there is also Revi and the Small Business Development Council. Those types of groups are permitted to have space at the DEC, because they provide services to the tenants. RECORD OF PROCEEDINGS Minutes of BARRETT BROTHERS - DAYTON, OHIO Dublin C�itCo�..incil Meeting Held November 20, 2017 Page 13 Form 6101 Vote on the Resolution: Mayor Peterson, yes; Ms. Alutto, yes; Mr. Keenan, yes; Vice Mayor Reiner, yes; Mr. Lecklider, yes. OTHER • Memo to Cou n c'H J re. Amendments to Chapter 33 (Personnel Policies) of the Dublin Codified Ordinances Mayor Peterson stated that his understanding is if Council takes no action on these amendments, the amendments become effective, in 30 days. Mr'. McDaniel responded that is how the process is defined in the Codified Ordinances. In tonight's materials, information was provided regarding some additional minor changes that were made — one was to add the Director of Economic Development to the Dist of Unclassified Positions. On page 18, Section 33, 40-K and L refer to reclassification procedures and reorganization procedures. Previously, those section items were not included in the Personnel Code. This section will provide guidance on how that process is to be handled. He requests that Council review that section, in particular, because it is new. The remainder of the changes involve tweaking sections related to union versus non-union employees, procedure changes and a general modernization of language used in the Personnel Code. If there are other changes Council desires to be made, he asked that they advise staff accordingly. Should Council desire a change to what is proposed, per the Code, it would be done in the form of a resolution that could be prepared for the next Council meeting. Mr. Peterson inquired where the posting of positions and all of that process is addressed in this document on reorganization procedure — on page 19? Mr. McDaniel stated that the language does reflect Council's role in those processes. When a new position or new classification is proposed, Council has authority by virtue of this Code, through the operating budget process, and through the compensation plan and classification study. Mayor Peterson confirmed that the 30 days begin with the memo dated November 17, sent out after the November 16 packet. Mr. McDaniel stated that is correct. Mayor Peterson asked that any Council questions should be brought to the City Manager's attention before the next Council meeting. STAFF COMMENTS Mr. McDaniel noted that a couple of follow-up reports were provided in Council's Info Only packet: • Bridge Street and Riverside Drive Speed Limits. • Community Development Committee follow-up information • The new Columbus Metropolitan Library Dublin branch kick-off will be Wednesday, December 6 at 3:00 p.m. on site. • The Dublin Irish Festival annual report was provided. The inrormation indicates 10,000 volunteer hours; 1,200 volunteers; $330,000 in sponsorship, which is a significant increase; and $130,000 earned by/for organizations who participate in the beverage server program. Looking at the Festival revenues versus the expenditures is a positive reflection on the event. All of this is due to the great efforts of staff, not only putting on the event, but also compiling this report. COUNCIL COMMITTEE REPORTS Finance: Mr. Keenan stated that the Finance Committee will meet on Monday, November 27 at 6:00 p.m. to review hotel -motel tax grant applications. Dublin Friendship Association: Ms. Alutto reported that the group will meet tomorrow, November 21. MORPC: Mr. Lecklider stated that he was not able to attend the meeting. Perhaps a staff member who attended can comment. RECORD OF PROCEEDINGS Minutes of BARRETT BROTHERS - DAYTON, OHIO Held_. 110,81 MINIVA041157011 i7prallin _01 November 20, 2017 Page 14 Mr. McDaniel responded that there is nothing significant to report other than he was asked to chair a committee on Smart Cities Regional Policy. He appreciates that the group looks to Dublin because of our Smart City and Smart Corridor efforts. Form 6101 Logan -Union -Champaign County Regional Planning: Mr. Lecklider reported that he believes the group held their annual dinner recently, although he was out of town. Mr. McDaniel stated that there were several conflicting events for staff that evening, but he believes a staff member did attend the dinner. COUNCIL ROUNDTABLE Ms. Alutto reported regarded her recent positive experience with the Citizens Police Academy. Their graduation occurred last week. She extended her thanks to Chief von Eckartsberg and to Police Sergeant Rice, who oversees the 12 -week program. The academy participants met on Thursday nights and learned about the [northwest Communication Center; how to shoot a gun and a taser; fingerprinting; use of force; the danger of traffic stops, drugs and drug paraphernalia; arrest warrants; and weapons. One of the academy participants shared that in their previous community, the police were feared; in Dublin, the perception is different. Community policing is a joint effort of the police and the community. This academy demonstrated our City Police Department's commitment to the community. The volunteer CSOs (Community Service Officers), who are required to have an extensive background check, provide assistance to citizens in different ways, such as providing vacation house checks, locked vehicle assistance, etc. She encourages people to check into the opportunities through the Citizens Police Academy. I a = NEWP1. i 1. Noted that a memo was provided in Council's packet regarding a World War II memorial, which is currently located on the 1919 School Building grounds. The memorial lists all the Dublin high school graduates who served in World War II. The original wood monument deteriorated and was later replaced with a stone memorial. Dublin Historical Society President Tom Holton recently approached him, as a member of the Veterans Committee, regarding their attempt to have the memorial relocated from the school grounds to Grounds of Remembrance/Veterans Park. He contacted Dr. Hoadley and Dublin Board of Education President Lynn May regarding this request, and last Thursday, the School Board passed a resolution approving the move. He anticipates that a site will be selected and the funds budgeted in order to have the memorial relocated before Memorial Day 2018. Mr. McDaniel confirmed that he and Mr. Earman will be reviewing a couple of sites and the Veterans Committee will be temporarily reconvened to secure their approval as well as that of the Schools. Mr. Keenan stated that the location will be much more appropriate and visible for the memorial. 2. Noted that he will be not be present for the December 4 Council meeting. He thanked Mr. Lecklider and Ms. Salay for their many years of service on this Council. Their insight and contributions have helped make Dublin the City we know and love today. Mr. Lecklider thanked Mr. Keenan. He wished everyone a Happy Thanksgiving! Vice Mayor Reiner thanked Mr. Rogers for providing the requested information on the employee compensation costs as a percentage of the overall Operating Budget. Looking at other cities of similar nature and complexity, the City is where it should be. Mayor Peterson: 1. Read a note from Congressman Pat Tiberi, whose mother passed away in October, thanking Council for the flowers and support during their time of loss. 2. Announced that the Honorary Chairs selected for the 2018 Dublin Irish Festival are Molly and Pat Byrne. Congratulations to them! RECORD OF PROCEEDINGS Minutes of Dublin Ci, v Cni incil Meeting BARRETT BROTHERS - DAYTON, OHIO Form 6101 Held November 20, 2017 Page 15 reed at 8:30 p.m. Clerk of Council