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HomeMy WebLinkAbout11/17/2008RECORD OF PROCEEDINGS Minutes of Dublin. City Council Meeting November 17, 2008 Mayor Chinnici-Zuercher called the Monday, November 17, 2008 Regular Meeting of Dublin City Council to order at 7:00 p.m. at the Dublin Municipal Building. Present were Mayor Chinnici-Zuercher, Vice Mayor Boring, Mr. Gerber, Mr. Keenan, Mr. Lecklider, Mr. Reiner, and Ms. Salay. Staff members present were Ms. Grigsby, Mr. Smith, Mr. McDaniel, Mr. Langworthy, Ms. Puskarcik, Mr. Hammersmith, Ms. Crandall, Mr. Earman, Mr. Hahn, Mr. Thurman, Ms. Kennedy, Ms. Gilger and Ms. Adkins. PLEDGE OF ALLEGIANCE Mr. Gerber led the Pledge of Allegiance. SPECIAL OBSERVANCE Mayor Chinnici-Zuercher asked all present to observe a moment of silence in memory of DCRC front desk staff member Kate Waldron, who died in a car accident over the weekend. She is a graduate of Dublin Coffman High School and the mother of three young children. APPROVAL OF MINUTES • Regular Meeting of November 3, 2008 Mr. Gerber moved approval of the minutes of November 3, 2008. Mr. Lecklider seconded the motion. Vice Mayor Boring asked that on page 7, under Resolution 81-08, her comments be clarified to indicate, "but Ms. Kramb did submit another letter ...." Vote on the motion: Mayor Chinnici-Zuercher, yes; Mr. Reiner, yes; Mr. Gerber, yes; Ms. Salay, yes; Mr. Keenan, yes; Mr. Lecklider, yes; Vice Mayor Boring, yes. CORRESPONDENCE There was no correspondence requiring Council action. PROCLAMATIONS/SPECIAL RECOGNITION • La Chatelaine Veterans Day Salute On behalf of City Council, Mr. Keenan presented a proclamation to Stan and Val Wielezynski of La Chatelaine French Bakery & Bistro in recognition of their generosity in hosting a breakfast on Veterans Day for veterans and their families. It was a wonderful opportunity for veterans to share their stories, and all who attended very much enjoyed the event. Val Wielezynski thanked Council for this special recognition. Mayor Chinnici-Zuercher recognized other special guests present tonight, including ESL students from Dublin resident Bea Fishman's class. They are studying how young people can make a difference in their community, and are present to observe the students presenting tonight from Davis Middle School SPECIAL PRESENTATION • Davis Middle School Robotics team - "Climate Cops" Club coach and parent Uma Venkataraman noted that a project they have undertaken is climate change and what impact they can make as "climate cops." The group includes: Arjun Venkataraman, Jaffrey Jarry, Timmy Cropper, Maysa Alquaisi, Jahnavi Murali, Ben Purugganan, Val Yevtyeyev and Guarav Sajja They are present to create awareness of the harmful effects of idling of vehicles on the earth, the environment, and its people. They are campaigning to eliminate all unnecessary idling of vehicles in Dublin. They explained the harmful impacts of idling on people and the environment. Their ideas to reduce emissions from vehicles include: 1. Reduce carbon emissions from vehicles by retrofitting the City vehicles with devices to capture the carbon emission. Funds are available from the EPA for this purpose. 2. Put up signage indicating an "Idle free Zone." 3. Install signage in locations where people idle most often, such as at libraries, delivery areas, grocery stores, drive-through restaurants, athletic fields, community centers, police and fire stations. RECORD OF PROCEEDINGS Minutes of Dublin Citv Council Meeting November 17, 2008 Page 2 4. If any delivery vehicle in Dublin idles, they recommend the City issues a warning and educates the driver about the harmful effects of idling on the people and the environment. 5. Include guidelines in the City's employee handbooks regarding anti-idling policies. The idling of vehicles in the community is not only wasting money, but putting lives of people in jeopardy. He summarized that the climate cops are hopeful that the City will educate the drivers of these vehicles and explain why idling hurts those around them and the environment. The climate cops are seeking a healthy world where we and our children can live without worry about rising sea levels or ozone layers. He urged everyone to go to their website and join in the fight against global warming. Mayor Chinnici-Zuercher thanked the students for their thoughtful study and recommendations regarding this topic. She asked Ms. Grigsby about any steps the City has take in regard to idling of vehicles. Ms. Grigsby responded that such discussion by staff began 3-4 years ago. It was prompted by the recognition that idling wastes fuel, with financial and environmental impacts. The City has adopted an administrative order that prohibits idling of vehicles. Staff is evaluating the enforcement of this AO and is in the process of looking at any necessary revisions. In addition, an Eco Dublin team was formed that looks at such issues and how they can be addressed. The City considers the types of vehicles used in terms of efficiency in fuel economy and the environment. Staff concurs with the students' concerns and supports their efforts. The City would be interested in working with them on their initiative. Mayor Chinnici-Zuercher suggested that the team leader contact Ms. Crandall, Administrative Services Director for updates on City initiatives and implementation of the group's recommendations. Ms. Salay added that perhaps Ms. Crandall could provide suggestions to the group about contacting certain members of the business community who may have an interest in this initiative. In addition, she is hopeful that the students will approach the School Board with these concepts, as the Schools have many vehicles on the roads. CITIZEN COMMENTS Wallace Maurer. 7451 Dublin Road noted Council's change in posture in response to the students who have spoken in contrast with Council's studied disregard for him. He asked if Council is tired of him coming before them for two years and one month in regard to the free speech issue. Two years and one month ago Council passed a motion barring a citizen from speaking about a particular topic. That is a powerful precedent. Council can now invoke that motion and stop him. He is not asking Council to do this. He would, however, ask Council first to consult with the Law Director about passing such a motion at this point. Based on the lack of response, he gathers that no motion is forthcoming, which could mean Council does not believe in such a motion and would be fearful of passing it. He will interpret their lack of response tonight as indicating they are cautious at the very least. If Council won't pass such a motion again, it means it should not have been passed in the first place. He asked Mr. Gerber to briefly meet with him at the end of the meeting. LEGISLATION Ordinance 74-08 Amending Section 153.028 of the Dublin Codified Ordinances (Zoning Code) regarding Conditional Uses in the Community Commercial District. (Case No. 08- 075ADM). Ms. Grigsby stated that the memo indicates that the ordinance was originally presented to Council at the first meeting in October. Council had several questions and requested additional information. Planning staff is continuing to gather data and information in response. Staff is therefore requesting that the legislation be postponed indefinitely. She added that there are no pending applications, which require that this amendment be adopted. Mr. Gerber moved to postpone the ordinance indefinitely. Ms. Salay seconded the motion RECORD OF PROCEEDINGS Minutes of _ Dublin City Council Meeting November 17, 2008 Page 3 Vote on the motion: Ms. Salay, yes; Mr. Reiner, yes; Mayor Chinnici-Zuercher, yes; Vice Mayor Boring, yes; Mr. Keenan, yes; Mr. Gerber, yes; Mr. Lecklider, yes. Mr. Keenan asked how an item is brought back to Council, after it is postponed indefinitely. Ms. Grigsby responded that when the information has been prepared, staff will request that Council schedule the postponed item for hearing. Mr. Keenan asked what happens in the event an item is never brought back to Council. Mr. Smith responded that a list is maintained by the Clerk's office of the status of legislation. SECOND READING/PUBLIC HEARING -ORDINANCES Ordinance 81-08 Authorizing the Adoption of a Land Reutilization Program and Implementing the Provisions of Chapter 5722 of the Ohio Revised Code. Ms. Grigsby stated there is no additional information to report. Vice Mayor Boring asked how the exact parcels are identified in the ordinance, as there are several parcels in Dublin which fall in the category of delinquent property tax payment. Ms. Grigsby responded that this ordinance establishes such a program for the City of Dublin. If there are additional parcels in the future that are added to the Treasurer's tax lien list, those can be moved into this program as well. The two subject parcels do not have to be specifically identified in the legislation. Once the program is established, staff would notify the county if another parcel is added to the list and the City would initiate the same process. Mr. Keenan asked if this would be brought to Council. Ms. Grigsby responded that Council action would not be necessary, but Council would be informed of such an addition. Mr. Keenan asked about Beckley Lane and the easement between the two private properties. Has the City had discussions with the property owners about this matter? Ms. Grigsby responded that such discussions took place in 2005. The intent at this time is to move the land into the program so that the City can ensure it does not go through the tax lien sale. Ms. Kennedy added that the County notified these property owners because the property between their parcels had been sold to an outside person. The City had asked the county to sell it back to this gentleman for $50. Mr. Keenan stated that dialogue is important so that the residents don't come to Council indicating they were not aware of this process. Ms. Grigsby stated that the original plat identified this land as property to be dedicated to the City. Once this property is brought under the program and listed on the City's inventory of land, the adjacent property owners will be notified to let them know what has transpired. At that time, the City can evaluate whether there is a desire to dedicate the land to the property owners or retain City ownership of the piece. Vice Mayor Boring stated for clarification purposes that this is a very small piece of land. Wallace Maurer, 7451 Dublin Road noted that on page one of the memo, under "Beckley Lane Parcel," it states that the parcel has now been "consumed" by the adjacent property owners with fencing and landscape. Did they not know this was not part of their properties? Ms_ Grigsby stated that, based upon the fact the sidewalk was never installed, they must have assumed the land was part of their properties. Vote on the Ordinance: Ms. Salay, yes; Mr. Lecklider, yes; Mr. Gerber, yes; Vice Mayor Boring, yes; Mayor Chinnici-Zuercher, yes; Mr. Reiner, yes; Mr. Keenan, yes. Ordinance 83-08 Authorizing the City Manager to Grant a General Right-of-Way Permit to Wide Open West, and Declaring an Emergency. Ms. Grigsby reported that Mr. Dunn has prepared an updated memo, and Mr. McDaniel is present for any follow-up questions. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL Bi,gNK,_ING., FORC9 NO. tpUB November 17, 2008 Page 4 Held 20 Mr. Lecklider noted that at one point, when AT&T came before Council, he had asked about the possibility of other providers carrying the Dublin cable broadcasting, and AT&T indicated that they would do so. While the City is encouraging WOW to expand their system in Dublin for purposes of competition, he recalls that WOW was not carrying the Dublin cable programming. Does the City have any means to mandate that they do so? Mr. McDaniel responded that staff has been working with WOW over the last several months to have the two systems interface so that the channel could be aired. There are some technical challenges in terms of having their fiber connected to the Dublin system. The economic feasibility to them is not helping the situation. Adding to that is the change in the law which has taken away the City's ability as a local government to influence the situation through franchising rights. WOW is not being resistant, but there are economic difficulties in airing the City's channel. There may be some Internet video streaming that will help to bridge this gap in the future. Mr. McDaniel also noted that Mr. Lecklider had asked about pavement markings in the Lowell Trace area. He has learned today that they are part of a Time Warner upgrade to the fiber backbone in that area. Brief discussion continued about the process and oversight of these upgrades, as well as notification to the homeowners. Wallace Maurer, 7451 Dublin Road asked if there are issues other than franchise taxes, control of infrastructure and application of City Code involved with this. He notices that Time Warner and AT&T opted out of the franchise arrangement for the permit. Mr. McDaniel stated that the initiative was taken to the state by the telecommunications industry as a whole. From their viewpoint, they were negotiating individual franchises through municipalities throughout the state. They were successful in having this legislation introduced at the statehouse last year and SB 117 took franchising away from local governments and placed it under the jurisdiction of the state. Franchising is now regulated by the State Department of Commerce. Mayor Chinnici-Zuercher suggested that Mr. Maurer have further discussion with staff outside of the public meeting about his questions. Mr. Reiner moved for emergency passage- Mr. Gerber seconded the motion. Vote on the motion: Mr. Reiner, yes; Mr. Keenan, yes; Vice Mayor Boring, yes; Mayor Chinnici-Zuercher, yes; Ms. Salay, yes; Mr. Lecklider, yes; Mr. Gerber, yes. Vote on the Ordinance: Mr. Keenan, yes; Ms. Salay, yes; Mr. Lecklider, yes; Mr. Gerber, yes; Mayor Chinnici-Zuercher, yes; Vice Mayor Boring, yes; Mr. Reiner, yes. INTRODUCTION/FIRST READING -ORDINANCES Ordinance 84-08 Amending Ordinance No. 14-98, Passed March 16, 1998, to Supplement the Public Improvements to be Made to Benefit the Parcels Identified in that Ordinance. (Embassy Suites ) Mr. Gerber introduced the ordinance. Ms. Grigsby stated that this ordinance and the four which follow are those referred to in a staff memo in May. At that time, staff indicated the intent to modify three existing TIF districts and establish two additional TIF districts. Mr. Thurman is present to respond to questions. Staff is requesting these ordinances be held over for second reading/public hearing at the December 8 meeting. Mayor Chinnici-Zuercher pointed out that when TIFs are established, entities such as ADAMH, MRDD, Children's Services, and others who typically benefit from tax levies do not receive this tax money. There is a cumulative effect from all of the municipalities in the Franklin County area who have TIF districts, and the sum of money has significant impact on these agencies. These reductions ultimately result in reduced funding for organizations such as the Dublin Counseling Center, which is funded through ADAMH Board. On the other hand, the TIFs provide benefits to the local community, as everyone is aware. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting November 17, 2008 Page 5 Ms. Grigsby responded that this point is well taken. The City has been fortunate in having the ability to construct a significant amount of infrastructure through TIFs. Currently, there is approximately $80 million of public infrastructure completed as a result of TIF districts. The private investment has been approximately $425 million, and those dollars are deferred from those other agencies and government jurisdictions and are used by the City to fund these infrastructure improvements. In reviewing levies adopted by various agencies over time, what occurs is that as their levies roll off and they request additional levies, it results in a higher levy request than if the TIFs were not in place. However, in comparing TIFs with Community Reinvestment Areas, which result in taxes being abated, TIFs do provide the City with a mechanism to install infrastructure that then assists with economic development, benefitting the City in the short term and the entire area in the long term. Mr. Keenan noted with respect to education issues that these are non-school TIFs. Is the Tolles Technical Center part of the School District and is it funded through the District? Ms. Grigsby responded it is a separate entity. Staff met with Superintendent Berg and Principal Hall from Tolles a couple of months ago to discuss the fact that these TIFs would be brought forward. Staff recognizes the concern Tolles expressed in the past with TIFs, which do impact the Technical Center. Staff indicated to them that the City is willing to work with them going forward, recognizing the role they could play in future workforce development. The Tolles representatives acknowledged that these improvements provide a better tax base for their overall district. Mr. Keenan stated that he understands that. However, in terms of anon-school TIF, these are educational faci-ities serving those who might not otherwise take advantage of college prep programs offered by the district. For him, it does not make sense to separate this entity from the Dublin Schools. He had a long discussion with Mr. Berg a couple of years ago. He would like the City to exempt that particular entity in the spirit of it being school related. He added that he has not talked with Mr. Berg recently. Ms. Grigsby responded that staff discussed with the Tolles reps extensively the details regarding the proposed amendments to the three existing TIFs and the two new TIF districts and they were agreeable. They recognized going forward, especially with the COIC, the City may look to do something different, as the types of jobs there may relate closely to the programs Tolles operates for their students. Mr. Keenan encouraged Council to give this some consideration prior to the next hearing. Mayor Chinnici-Zuercher asked the Clerk to read into the record the next four TIF ordinances. Ordinance 85-08 Amending Ordinance No. 61-94, Passed June 20, 1994, to Supplement the Public Improvements to be made to Benefit the Parcels Identified in that Ordinance and to Provide for Payment to the Dublin City School District a Portion of the Service Payments Received. (Cooker) Ordinance 86-08 Amending Ordinance No. 57-94, Passed June 20, 1994, as Subsequently Amended, To Supplement the Public Improvements to be Made to Benefit the Parcels Identified in that Ordinance. (McKitrick ) Ordinance 87-08 Declaring the Improvement to Certain Parcels to be a Public Purpose and Exempt from Taxation; Specifying the Public Infrastructure Improvements Directly Benefitting the Parcels; Requiring the Owners Thereof to Make Service Payments in Lieu of Taxes; Establishing a Municipal Public Improvement Tax Increment Equivalent Fund and Providing for the Collection and Deposit of Service Payments into that Fund; and Authorizing the Execution of a Tax Increment Financing Agreement. (Waterford Commons Development) Ordinance 88-08 Declaring the Improvement to Certain Parcels to be a Public Purpose and Exempt from Taxation; Specifying the Public Infrastructure Improvements Directly RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting November 17, 2008 Page 6 Benefitting the Parcels; Requiring the Owners Thereof to Make Service Payments in Lieu of Taxes; Establishing a Municipal Public Improvement Tax Increment Equivalent Fund and Providing for the Collection and Deposit of Service Payments into that Fund; Authorizing the Execution of a Tax Increment Financing Agreement, and Declaring an Emergency. (Bridge and High Development) Mr_ Lecklider introduced Ordinances 85-08, 86-08, 87-08, and 88-08. Mayor Chinnici-Zuercher clarified that Mr. Keenan is requesting Council's consideration of exempting the Tolles Technical Center from the TIFs. Ms. Salay asked if there are any legal ramifications with the City excluding one entity on the list provided. Mr. Smith responded that there are likely not, but he will check with bond counsel. Ms. Salay indicated she is interested in having this issue explored. As a counterpoint, everyone understands the impact of TIFs on agencies that receive tax funding. However, it is important to remember that because the improvements can be made, the parcels are ready for development. Ultimately, this will benefit these other entities, as well as the City and the community at large. Mr. Keenan pointed out this is anon-school TIF and that educational alternative is equally valuable for those planning for technical careers. It does not make sense to call it a non- school TIF if this school is included. Ms. Salay stated that the question is if Tolles had this tax money, what would they do differently than what they are doing today? Further, other entities may ask for the same consideration. Vice Mayor Boring requested information about how Tolles is funded. Do the Dublin Schools provide funding, and is it on a per student basis? Ms. Grigsby responded there is some funding provided by the Dublin School District. A significant portion of the Center's funding comes from the state and through property taxes. Staff will provide additional information on how they are funded prior to the next reading. Mr. Keenan added that a significant amount of funding for Dublin Schools also comes from the state. He assumes the percentage would be similar. Mr. Lecklider noted in regard to 84-08, 85-08 and 86-08 that his calculation is that at full development, the City would collect approximately $1,351,000 annually. In amending these TIFs, are the improvements fully paid off at this point? Ms. Grigsby stated that the McKitrick TIF was originally set up to fund the construction of Emerald Parkway Phase 1 and 2, and any improvements related to those two phases. At the time they were set up, staff was aware of the Cardinal Health Building, but was not certain of the dates that other buildings would come on line. Therefore, the description of the public infrastructure included only those two phases of Emerald Parkway. This was one of the early TIFs done by the City, and staff did not identify the improvements as broadly as could have been done, so that if additional service payments would be generated, they could be used to fund additional infrastructure. An amendment approved in 2003 related to the conversion of the straight TIF to anon-school TIF, once the original improvements identified were paid off. An additional infrastructure improvement was added at that time -the construction of Emerald Parkway Phases 5 and 8, Riverside Drive to Sawmill Road. This currently proposed amendment will retain it as anon-school TIF after the original improvements are paid off, and will also add to the list of public infrastructure improvements to include the redirection of Post and Commerce Parkway. This was added due to the Cardinal Health expansion. Mr. Lecklider asked about 84-08 and 85-08. Is there remaining "debt" on Upper Metro Place? Ms_ Grigsby responded that the first payment received in 2009 will be sufficient to have 100 percent reimbursement to the developer. After that, the TIFs would have expired. But this amendment is being done to include the improvements of the additional lanes on US 33 and the improvements of the SR 161/Post Road/Frantz Road intersection and help fund those going forward. She added that Emerald Parkway Phase 1 has been paid off; Emerald Parkway Phase 2 will be paid off in 2010; and the payoff date for Emerald 5 and 8 will depend upon the bid received for Phase 8. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting November 17, 2008 Page 7 Held 20 Vice Mayor Boring asked that Section 1 be amended on Ordinance 85-08 to include/identify which lanes will be additional ones. Ms. Grigsby responded that this clarification will be added to the ordinance. The ordinance as drafted refers to lanes being added between I-270 and the Post Road interchange, and it does not indicate these are lanes being added to US 33. Mr. Keenan noted that there are significant safety and traffic control issues at this intersection, and it is worthwhile to make this improvement to the corridor. Mr. Keenan clarified that his comments regarding Tolles Technical Center would apply to Ordinances 84-08 through 88-08. Ms. Grigsby noted that 87-08 and 88-08 will be straight TIFs, and Dublin City Schools will not be receiving their service payments. Their policy is to work with the City to make the improvements in the Historic District. Mr. Keenan noted that his comments then apply to 84-08, 85-08 and 86-08. There will be a second reading/public hearing on December 8. Ordinance 89-08 Authorizing the City Manager to Enter into a Sidewalk and Utility Easement Agreement fora .006 Acres, More or Less, Permanent Easement and a .010 Acres, More or Less, Temporary Construction Easement with Thelma L. Hill, Said Acreage Located at 24 Darby Street, in the Historic District of the City of Dublin, County of Franklin, State of Ohio, and Declaring an Emergency. Mr. Gerber introduced the ordinance. Ms. Grigsby stated that this relates to an easement needed to provide sidewalk and underground utilities for the Bridge and High project. Agreement has been reached with the property owner. Mr. Hahn is available for questions. Mr. Keenan asked if there is a separate leasehold interest or is this agreement strictly with the property owner. Mr. Smith responded the agreement is with the property owner. Mr. Keenan noted that to the extent this impacts the leaseholder, is there any requirement for the City to work with them? Mr. Smith responded that the property owner is the party the City works with to obtain the easements. Ms. Salay asked if the City is negotiating directly with Ms. Hill at this time versus an agent. Mr. Hahn responded that the City is working with her family members at this time. Mr. Smith stated that emergency action is necessary as City staff have reached agreement with the party and the contract requires closing immediately. Mr. Gerber moved to dispense with the public hearing and treat this as emergency legislation. Mr. Reiner seconded the motion. Vote on the motion: Mr. Keenan, yes; Mr. Lecklider, yes; Mr. Gerber, yes; Ms. Salay, yes; Mayor Chinnici-Zuercher, yes; Vice Mayor Boring, yes; Mr. Reiner, yes. Vote on the Ordinance: Mayor Chinnici-Zuercher, yes; Mr. Keenan, yes; Mr. Reiner, yes; Vice Mayor Boring, yes; Ms. Salay, yes; Mr. Gerber, yes; Mr. Lecklider, yes. Ordinance 90-08 Authorizing the Provision of Certain Incentives for Purposes of Attracting an Office of Eisc, Inc. (Center for Innovative Food Technology) Within the City of Dublin's Entrepreneurial Center, and Authorizing the Execution of an Economic Development Agreement. Mr. Lecklider introduced the ordinance. Mr. McDaniel stated that this is a food technology center based in Toledo, Ohio whose mission is to provide technical support and access to emergent technologies in Ohio's food and agricultural sector. As noted in the staff report, they will undertake a project which will be housed in Dublin along with a coordinator. This marks the establishment of the City's first relationship with an Edison Center in Ohio. It will also bring relationships RECORD OF PROCEEDINGS Dublin Citv Council November 17, 2008 Page 8 with several other key technology entities throughout Ohio. CIFT would like a presence in Dublin to be part of the Entrepreneurial Center being set up. They are interested in developing relationships with a network of companies that are present in Dublin. This ordinance authorizes an economic development agreement that provides a $10,000 location grant, paid over two years, enabling them to establish an office within the Entrepreneurial Center. This is consistent with the type of technology development desired in Dublin. Mr. Keenan stated that he is pleased that there is a recovery plan in place within this agreement. There will be a second reading/public hearing at the December 8 Council meeting. Ordinance 91-08 Authorizing the Provision of Certain Incentives for Purposes of Retaining and Expanding the Dave Thomas Foundation for Adoption and Its Operations and Workforce Within the City Of Dublin, and Authorizing the Execution of an Economic Development Agreement. Mr. Gerber introduced the ordinance. Mr. McDaniel stated that the Foundation was considering moving outside of Dublin. They expressed a desire to stay in Dublin, and so staff offered that they would take an agreement to Council to incept them to remain in Dublin. This includes a grant of $7,500. The City would like the Foundation to remain in Dublin in view of its long-term presence. Mr. Reiner asked if the Foundation is funded by Wendy's Corporation. Mr. McDaniel responded there is a relationship with Wendy's, but the Foundation is a not- for-profit organization separate from the corporation. There will be a second reading/public hearing at the December 8 Council meeting. Ordinance 92-08 Authorizing the Provision of Certain Incentives for Purposes Of Retaining and Expanding Vitality Distributing and Its Operations and Workforce Within the City Of Dublin, and Authorizing the Execution of an Economic Development Agreement. Mr. Gerber introduced the ordinance. Ms. Gilger stated that Vitality Distributing is currently located in Dublin in a shared services executive suite. They desire their own office space. TechColumbus brought this company to Dublin's attention, as the company has received venture capital funding over the past few years. Vitality Distributing desires to add 9 people to their staff, and want to locate at the Entrepreneurial Center at 7003 Post Road in the Innovation Center. This agreement provides a $5,000 retention grant, as well as a three-year performance incentive, which includes caps. There will be a second reading/public hearing at the December 8 Council meeting. Ordinance 93-08 Authorizing the Provision of Certain Incentives for Purposes of Retaining and Expanding Goantiques.com, dba Worthpoint Corporation and Its Operations and Workforce Within the City of Dublin, and Authorizing the Execution of an Economic Development Agreement. Ms. Salay introduced the ordinance. Ms. Gilger stated that this company is located in Historic Dublin at 94 North High. It was recently purchased by Worthpoint of Atlanta, Georgia. The Atlanta representatives met with Dublin staff regarding potential consolidation to Georgia for this company. Staff was working with the State of Ohio for a Job Creation Tax Credit to keep this company in Dublin, as well as grow it to 49 employees. This provides asix-year performance incentive, capped at $47,500 which will be considered as the City of Dublin's local match commitment to the State's Job Creation Tax Credit. There will be a second reading/public hearing at the December 8 Council meeting. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting November 17, 2008 Page 9 INTRODUCTION/PUBLIC HEARING -RESOLUTIONS Resolution 82-08 Accepting the Lowest/Best Bid for the Kendall Ridge Park Development. Mr. Lecklider introduced the resolution. Mr. Hahn stated that staff is recommending bid award to Builderscape for this neighborhood park. Meetings were held with the neighborhood and input solicited through the website. Staff is confident in this contractor's ability and believes this is a favorable bid. Staff recommends approval. Vice Mayor Boring asked for the completion date. Mr. Hahn responded that it will likely be early summer, given the time of year the contract is awarded. Mr. Lecklider asked if the City has experience with this contractor. Mr. Hahn responded that they constructed the lower Coffman playground and were a subcontractor on a phase of Avery Park for the hardscape. They have also done some park work for the City of Columbus and staff has visited those sites. Ms. Salay asked for more information about "wet prairie seeding." Mr. Hahn responded it is a swaled area and won't retain water. It is a drainage corridor. By design, it will be dry with tall grass. Vote on the Resolution: Mayor Chinnici-Zuercher, yes; Mr. Keenan, yes; Mr. Reiner, yes; Vice Mayor Boring, yes; Mr. Gerber, yes; Ms. Salay, yes; Mr. Lecklider, yes. Resolution 83-08 Authorizing the City Manager to Enter into an Agreement with the Ohio Environmental Protection Agency (OEPA) to Execute all Requirements Regarding the Findings and Orders of the OEPA Director Related to Sanitary Sewer System Discharge and Storm Water Inflow and Infiltration. Ms. Salay introduced the resolution. Ms. Grigsby stated that the legislation authorizes the City to enter into an agreement or execution of the Ohio EPA Director's Orders. This relates to the requirement to address inflow and infiltration (I&I) into the sanitary sewer system. The City of Columbus is currently under a consent order, and the Ohio EPA recognizes that in order for Columbus to comply, the satellite communities must comply with certain requirements. The guidelines outlined in the agreement require Dublin to have a formal notification plan in place in the event of an overflow. The City has this plan, but it has not been formally filed with the Ohio EPA. In addition, the City must have a plan for notifications and how they will be given in the event of an overflow. Most significantly, this agreement requires the City to review its system and makes repairs as determined necessary to remove I&I from the system. She noted that the City is in good shape in this regard, as the City has completed the relining of the Dublin Road main sanitary sewer line; linings on SR 161 have been redone; and work is being done in the Muirfield area where the older clay the pipe exists. There are some ongoing requirements that Mr. Hammersmith can address. Mr. Hammersmith noted that there are two additional items required through the Director's Orders, including the sanitary sewer evaluation study (SSES) which involves flow monitoring. Documentation is required by the EPA of the City's efforts in addressing needed repairs. A capacity management operation and maintenance (CMOM) report regarding the system is also required for the EPA. Much of this was already anticipated in the Community Plan with sewer modeling to ensure sufficient capacity for growing areas. A capital plan to address infrastructure needs over time must be in place as well. That Plan must be submitted to the EPA for their approval within three years. The SSES must be submitted to the EPA within 180 days after the Orders are signed. Mayor Chinnici-Zuercher asked what the $12 million referenced in the memo will fund. Mr. Hammersmith responded this is the best estimate of the needs of the system for the future. It would include slip lining of the existing system where clay sewers are in place and addressing infiltration issues that exist in older areas. This is a conservative forecast of future needs of the system. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meetinz November 17, 2008 Page 10 Mayor Chinnici-Zuercher asked if this would be built into the CIP in the future. Ms. Grigsby responded that there has been $850,000 budgeted and spent each year in recent years for relining the sewers. Last year, athree-year contract was done to provide economy of scale and to have additional work done. Mayor Chinnici-Zuercher asked if the Dublin staff will be submitting these reports, or will there be a need to subcontract the work. Mr. Hammersmith responded that the notification and notification plan will be done in house. The SSES will likely require outside consultants, and the CMOM will likely be done with a combination of staff and consultants. Mayor Chinnici-Zuercher asked if there is an estimate of the cost of these consultants for this project. Mr. Hammersmith responded that this estimate has not been done. Typically, one could assume 10 percent of construction costs for design costs; for studies, they are typically less. Mr. Keenan asked if the consultant fees are included in the $12 million. Mr. Hammersmith responded it can likely be accommodated within that $12 million. Ms. Grigsby stated that there are two options available, and a decision will need to be made about either review of the system within the five-year period and then making repairs, or to do the review area by area, as is currently being done. Currently, as problems are identified, they are addressed in that year. Mr. Lecklider asked if this work would be paid for by the sewer fund. Ms. Grigsby responded that is correct. The City has been relining the sanitary sewers at a cost of $600-800,000 since 2004. Going forward, $850,000 per year is programmed. Mr. Keenan noted there are some specific timeframes within the agreement. If the consent order is executed, he wants to ensure the City has the ability to meet the timeframes. Mr. Hammersmith responded that staff is confident that the timeframes can be met. Mr. Keenan asked about Dublin's exclusive sewer and water expansion area versus Dublin's negotiated expansion area. He assumes these sanitary sewer system responsibilities would be that of the City in the exclusive expansion area. What about the negotiated expansion area? Can those costs be shared as revenues may be shared? These could be significant sums of money. Ms. Grigsby stated that in terms of the negotiated area, whoever annexes the land and installs the sewer lines would be responsible for the maintenance of those lines. Part of the fees assessed through user charges and capacity charges for tapping in are used to maintain the system. Mr. Keenan stated that if the City annexes land within the negotiated expansion area, and if there is a revenue sharing agreed upon with other entities, would it not be fair to share in these expenses as well? Ms. Grigsby asked for clarification: is the concern related to annexing into the negotiated area and the condition of the existing lines already in place? Mr. Keenan responded that the concern is the City would potentially assume 100 percent of the expense of these repairs, without having 100 percent of the revenue. Ms. Grigsby stated that as far as the revenue from the sanitary sewer system, the City would receive 100 percent of it and would not share that. Mr. Hammersmith added that the City would build this cost into the user fee structure. Mr. Keenan noted that the issue is one of fairness. Ms. Grigsby stated that in the CIP process each year, the City conducts an analysis of its utility funds. That would be done each year as well. Mr. Lecklider asked her to distinguish the user fees from the tap fees. Are user fees collected on an annual basis? Ms. Grigsby responded that user fees are collected from residential properties on a quarterly basis. The user fee is based on the actual consumption of water used. Each quarter, the resident receives a bill from the City of Columbus that assesses a surcharge for the City of Dublin, and Columbus remits that to Dublin on a monthly basis. Columbus RECORD OF PROCEEDINGS Minutes_~f Dublin City Council Meeting ~I.YTON LEGAL HLAiVK, INC. JOHN NO 10!48 _._ .__ _. November 17, 2008 Page 11 Held 20 also has user fees. The tap fee is paid only one time, when connection is made to the system. Mr. Lecklider summarized that these costs would be built into the user fee structure in order to ensure future maintenance could be done. Ms. Grigsby noted that a positive note is that the lines installed now are much improved over those installed in the 70's. Many improvements being done now are to the old lines. Mr. Keenan noted that Columbus has a lot of expense in these repairs and will likely pass some of the expense along in the form of surcharges for everyone. Vote on the Resolution: Mr. Keenan, yes; Mr. Reiner, yes; Ms. Salay, yes; Mr. Gerber, yes; Vice Mayor Boring, yes; Mr. Lecklider, yes; Mayor Chinnici-Zuercher, yes. Resolution 84-08 Authorizing the City Manager to Enter Into an Agreement with Columbus State for the Purpose of Providing Workforce Development Consulting Services. Mr. Gerber introduced the resolution. Mr. McDaniel stated that as a result of the business education roundtable, staff learned that workforce development is a key component of economic development. The Columbus State Community College houses the Center for Workforce Development and they are the region's expert. The City would like to engage them on a professional services basis, similar to what has been done with TechColumbus. He has provided a menu of services the Center can offer, that the City could select from as needed. Staff views this as a value added resource for Dublin. This type of service was not included in the 2008 budget. There are funds included in the 2008 budget which could be encumbered for this service. If Council would then approve this in the 2009 budget, the service would be continued. He believes engaging them this year will provide key services needed at this time. He did not include in the resolution language indicating that an amount not to exceed $20,000 would be expended, although it is referenced in the staff report. Mayor Chinnici-Zuercher asked for clarification: the $20,000 would not all be used between now and December 31? Mr. McDaniel responded that if the monies are encumbered this year, the remainder could be used in 2009. There is an immediate need at this time, and if this is successful, he would like to extend that funding into 2009. Mr. Gerber asked if he would be requesting an additional $20,000 in the 2009 budget. Mr. McDaniel responded affirmatively. Mayor Chinnici-Zuercher asked if other municipalities have engaged Columbus State in this manner. Mr. McDaniel responded that they have, but not to this level. In addition, the Columbus State Center for Workforce Development may have designated time periods at the Entrepreneurial Center for certain hours out of the week. Having the services available, however, is more important than a physical presence at all times. Vice Mayor Boring clarified that what is being proposed is actually total funding of $40,000, based on what he has indicated. Mr. McDaniel responded that is correct, as it includes the 2008-2009 time period. Vice Mayor Boring suggested that language be added to the resolution to indicate that the services shall not exceed $40,000. Wallace Maurer, 7451 Dublin Road noted he was thrilled in hearing that the resources of the entities of City staff and Columbus State will be brought together. There is no reason why the City staff could not make use of a wide array of possibilities there. Mayor Chinnici-Zuercher clarified that the $20,000 is available in the unencumbered funds for 2008; with Council's agreement to fund this service, any monies not spent by December 31St would be encumbered and available for 2009. Further, the 2009 proposed budget includes $20,000 in additional funding for this purpose. Mr. McDaniel confirmed that is correct. Ms. Grigsby stated that the language of the resolution can be modified to indicate that it provides $20,000 in 2008 funds and $20,000 in 2009 funds. RECORD OF PROCEEDINGS Minutes of ~ DAYTON LEGAL BLANK INC. FORM N0. tOt48 u,.i a November 17, 2008 Council concurred. Meetir~ Page 12 Vice Mayor Boring moved for passage of the resolution as amended. Mr. Keenan seconded the motion. Vote on the amended resolution: Vice Mayor Boring, yes; Mr. Keenan, yes; Mr. Reiner, yes; Mayor Chinnici-Zuercher, yes; Mr. Lecklider, yes; Ms. Salay, yes; Mr. Gerber, yes. STAFF COMMENTS Mr. Smith reported that a letter was included in the packets regarding liquor licenses in Dublin up for renewal in February of 2009. Staff is requesting the Police department to provide information about any license holders where there have been problems with sales to minors or other issues. Based upon this information, Council can then choose to file an objection to renewal of any such permit. Ms. Grigsby noted that: 1. The Police are undergoing a reaccreditation process. The assessors came to Dublin on Saturday and will be present through Wednesday. A public comment session was held tonight. Chief Epperson will report on the outcome. 2. A memo was included in the packet in regard to Emerald Parkway Phase 8 and the bike lane analysis. This is a good opportunity for staff to explore the possibility of bike lanes on new phases of Emerald Parkway, as well as for existing ones. Staff felt that outside expertise is needed as well, and therefore Ms. Crandall, Engineering, Parks and Planning staff will meet with a consultant to explore this concept. Mayor Chinnici-Zuercher responded that this memo provided a thorough update on the status of this consideration, as it is a popular topic in publications regarding City and neighborhood development. Has this item been discussed by PRAC or CSAC to date? Ms. Crandall responded that she does not believe so, although they may have seen this as part of the Community Plan. Mayor Chinnici-Zuercher suggested that PRAC and CSAC could be involved in this exploration. Council concurred. Vice Mayor Boring noted that integrating such bike lanes in the current system will be a challenge, and outside expertise is warranted for this discussion. This will involve an educational effort to gain community acceptance of these lanes. Ms. Crandall agreed, noting that it represents a shift in the City's approach to bike transit. The consultant is very impressed with the City's existing bikepath system and noted that the system can be easily augmented to provide additional options such as bike lanes. Mr. Lecklider noted that he is also interested in learning about the costs of bike lanes for new construction as well as within the existing system. Ms. Grigsby stated that in discussing Emerald Parkway Phase 8 and the portion of Emerald from Rings to Tuttle, the question came up of incorporating/transitioning into the remainder of Emerald Parkway. The consultant has identified some good options, based on his experience. These needs were identified in both the Community Plan and the Parks and Recreation Master Plan. Mr. Lecklider agreed it is useful to bring in a consultant, but for new construction, he would assume this would result in the need for a wider roadway to incorporate bike lanes. All of this information will be useful for evaluation. Ms. Crandall added that for areas such as Riverside Drive, where a bikepath installation may be very costly, a bike lane may be a viable alternative. Ms. Salay noted that she is interested in the practical aspects of bike commuting in hot weather, and the need for showers and amenities for those who want to bike to work. COUNCIL ROUNDTABLE/COUNCIL COMMITTEE REPORTS Mr. Reiner noted some items of interest in the DIF annual report, including the monies raised for various community groups as a result of beverage serving. He noted that $8,800 was raised at the church services and was donated to the Dublin Food pantry and material assistance providers. In addition, the Emerald Club fundraising provided two scholarships to students. It is noteworthy that the green initiative at the Festival and the use of traveling mugs saved an estimated 15,000 cups from going into the landfill. There are many good things happening in the community as a result of the Festival! RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting "n.1 uo lC'.1S November 17, 2008 Page 13 Ms. Puskarcik responded that they are proud of the giving back program, which was initiated several years ago and which benefits community groups. Staff is in discussion with Dublin City Schools regarding a second valet bike location. Vice Mayor Boring asked if there are other highlights of note. Ms. Puskarcik responded that tomorrow night is the DIF annual meeting. Council was provided an advance copy of the annual report tonight. In the executive summary, it notes that the DIF received the Silver Pinnacle Award from IFEA for the overall festival. In terms of revenue, the goal is maximizing revenue opportunities, including in kind services and sponsorships. The green initiatives also have resulted in savings for the Festival. Mr. Gerber thanked Ms. Puskarcik for her efforts in staging the Veterans Day events at La Chatelaine. He is hopeful this will become an annual event. He noted that Max & Erma's was involved in fundraising for the Veterans project as well on November 11. Is there information available on the proceeds from this initiative? Ms. Puskarcik responded that she hopes to have that information this week. Mr. Gerber noted that these activities bring the community together, as well as encourage widespread community support for the Veterans project. Ms. Puskarcik added that during the entire day, staff heard of the Veterans' appreciation for the City's recognition efforts. Mr. Keenan reported: 1. A Route 33 Corridor meeting is scheduled tomorrow morning and anyone interested is welcome to attend. 2. Several Council Members attended the Hospital Lane dedication on Friday, November 14. 3. The annual LUC regional planning commission dinner will be held on Thursday, November 20 at 6:30 p.m. in Bellefontaine. He plans to attend this dinner. Ms. Salay noted: 1. There have been several different charities collecting money at Avery and Hospital Drive/Perimeter. In view of the heavy traffic, this is a dangerous situation and she is concerned with the safety issues. Are there permits issued, and does the City allow this solicitation? She would like follow-up information on this. Ms. Grigsby responded that there are some guidelines for such solicitation. She will follow-up with Chief Epperson. 2. A couple of weeks ago, a hard copy of an electronic document sent by David Guion of the DAC was distributed to Council. It relates to the promotion budget for the public art collection. She is interested in hearing Council's general feedback on this proposed budget. It will be discussed by the DAC Board meeting on Wednesday. Mr. Lecklider noted that he was honored to be a part of La Chatelaine's recognition of Veterans on Tuesday. He is hopeful that this is a beginning of a long tradition. He appreciates the efforts of Community Relations on this event. Mayor Chinnici-Zuercher: 1. Asked about the follow-up report on Code enforcement, and specifically, property maintenance violations. Are these residential or commercial properties? Mr. Langworthy responded they are primarily residential, and most are vacant properties or ones condemned and in need of being secured. 2. Noted she attended the MORPC Board meeting with Mr. McDaniel last Thursday. The materials will be distributed to Council by the Clerk. 3. Added that the Hospital Lane opening on Friday was attended by Rep. Hughes and Congressman Tiberi, along with the hospital administration, City staff and contractors. It is a great example of partnership between government and the private sector. Chief Woo commented that the lane will be well utilized by the community and safety forces. Council is appreciative of staff's efforts in completing this project in a timely manner, as well as gathering the funding from various sources. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting November 17, 2008 Page 14 20 Vice Mayor Boring commented that a recognition dinner was recently held in Dublin for the Veterans honorees of 2008. She and her husband were invited to attend the event. Perhaps next year, the City could have some involvement with this event which is coordinated by Doug Lay, Director of Franklin County Veterans Services Commission. Former Columbus Mayor Greg Lashutka was inducted as an honoree this year, as well as the founder of the Honor Flight Network who flies veterans to Washington each week to view the Veterans monuments. ADJOURNMENT TO EXECUTIVE SESSION Mayor Chinnici-Zuercher moved to adjourn to executive session at 8:50 p.m. to consider land acquisition matters (the purchase of property for public purposes) and for 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.) Mr. Keenan seconded the motion. Vote on the motion: Ms. Salay, yes; Mr. Gerber, yes; Mr. Reiner, yes; Mr_ Keenan, yes; Mayor Chinnici-Zuercher, yes; Mr. Lecklider, yes; Vice Mayor Boring, yes. The meeting was reconvened and formally adjourned at 9:50 p.m. r - Presiding Officer