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HomeMy WebLinkAbout12/08/2008RECORD OF PROCEEDINGS Minutes of Dublin City Council. Meeti.n.g DAYTON LEGAL BLANK, INC , FOH4.d .;O 107 as - December 8, 2008 Held ~0 Mayor Chinnici-Zuercher called the Monday, December 8, 2008 Regular Meeting of Dublin City Council to order at 5:25 p.m. at the Dublin Municipal Building. Present were Mayor Chinnici-Zuercher, Mr. Gerber, Mr. Keenan, Mr. Lecklider, Mr. Reiner, and Ms. Salay. (Vice Mayor Boring arrived at 5:30 p.m.) Mayor Chinnici-Zuercher moved to adjourn to executive session for discussion of personnel matters. Mr. Gerber seconded the motion. Vote on the motion: Mayor Chinnici-Zuercher, yes; Mr. Reiner, yes; Mr. Lecklider, yes; Mr. Gerber, yes; Mr. Keenan, yes; Ms. Salay, yes. The meeting was reconvened at 7 p.m. Staff members present were Ms. Grigsby, Mr. Smith, Chief Epperson, Mr. Langworthy, Ms. Puskarcik, Mr. Hammersmith, Ms. Crandall, Mr. Earman, Mr. Harding, Ms. Hoyle, Ms. Gibson, Mr. Hahn, Mr. Thurman, Ms. Wilson, Ms. Kennedy, Ms. Ruwette, Ms. Rummer and Ms. Adkins. PLEDGE OF ALLEGIANCE Mr. Termeer, Dublin resident led the Pledge of Allegiance. OTHER • Report from Tom Dority, The Mercer Group Mr. Dority, consultant for the City Manager search updated Council on the process, which began in October of 2008. The application deadline closed prior to Thanksgiving, and 45 applications were submitted. From that group, he recommended six leading candidates to Council on Friday -those who reflected most closely the selection criteria outlined by Council. Those invited for interviews by Council will have a thorough background process done prior to the interviews on January 23-24, 2009. Mayor Chinnici-Zuercher moved to offer the opportunity for interviews to the following candidates: Michael Bierman, Terry Foegler, Dana McDaniel and Phillip Nelson. Mr. Gerber seconded the motion. Vote on the motion: Vice Mayor Boring, yes; Mr. Lecklider, yes; Mr. Gerber, yes; Ms. Salay, yes; Mr. Keenan, yes; Mr. Reiner, yes; Mayor Chinnici-Zuercher, yes. Mayor Chinnici-Zuercher announced that the process going forward will include the candidates and their spouses being invited to come to Dublin on January 22; on Friday, January 23, City tours and an opportunity to meet with senior staff; and that evening, a community open house where citizens can meet the candidates. Council will conduct interviews on Saturday, January 24 and hopefully deliberate later that day and identify a finalist. Council looks forward to continuing to work with Mr. Dority on this process. • Update on the Mayor's Court legislation Dan Helmick, Schottenstein, Zox and Dunn WhiteBoard reported that bills were introduced last year in the Ohio General Assembly. Chief Justice Moyer of the Ohio Supreme Court has been the primary proponent of these changes. The two bills are House Bill 154 and Senate Bill 252. • They were identical at introduction and would both eliminate Mayor's Courts in communities with fewer than 1,600 population. They would create community courts in entities larger than 1,600 and urban townships. • House Bill 154, introduced by Rep. Wolpert has had numerous hearings and significant amendments, a number of those at the urging of Dublin and other interested parties. One change relates to the appointment of the magistrate. The magistrate would be selected from several individuals from a list provided by the community. • Currently, House Bill 154 reads that the magistrate must be an attorney and must have practiced law for four years. The magistrate would be chosen by the community, but could not be the Mayor. • Another change was with the court clerk's position. As written in House Bill 154, the administration of that clerk -how they are paid and the office administered - would be up to the municipality. • House Bill 154 is now out of committee and may be considered this week or next. • Senate Bill 252, introduced by Sen. Coughlin is intended to track HB 154; it has had minimal hearings. There is a hearing scheduled tomorrow. RECORD OF PROCEED[NGS Minutes of Dublin City-Council - Meeting DAYTON_LEGAL BLANK, iNC., FORA-i r~0. i07.?S December 8, 2008 Page 2 Held 20 - - However, another issue has been identified. In order to create the new court, as they would do in townships larger than 15,000 in population, it would require atwo- thirds vote of the General Assembly. What they have done in the Senate and will do on the House floor is remove the urban township language from HB 154 and address it in HB 633, introduced by Rep. Wolpert. The legislature will be in session this week and the following week with four legislative days scheduled. It is very unlikely they will be in session beyond that. There is increasing consensus to do something, but there is still pushback existing. There is nothing certain about whether HB 154 will go to the floor. The Chief Justice continues to promote these in the General Assembly. There is a hearing in Senate Judiciary Committee tomorrow, and if Dublin wants to make their position know, there is such an opportunity. He emphasized that a number of the changes proposed by Dublin for the legislation have already been made to HB 154. Mayor Chinnici-Zuercher noted for the record that many of Dublin's amendments were suggested in response to the original bill as drafted. However, the legislation is not what Dublin ultimately wants. If the bill is approved and the urban community court concept is adopted and a magistrate assigned, it does change significantly the nature of the way Dublin's Mayor's Court is perceived and operated in the community. Brief discussion followed about the magistrate selection and the Dublin Charter provisions related to this selection. Mayor Chinnici-Zuercher asked Mr. Helmick to continue to keep Council apprised of the status of this legislation. APPROVAL OF MINUTES • Minutes of Special Meeting of October 13, 2008 Mr. Gerber moved approval. Ms. Salay seconded the motion. Vote on the motion: Mayor Chinnici-Zuercher, yes; Vice Mayor Boring, yes; Mr. Reiner, yes; Mr. Gerber, yes; Mr. Keenan, yes; Mr. Lecklider, yes; Ms. Salay, yes. • Minutes of Special Meeting of October 27, 2008 Mr. Gerber moved approval. Mr. Reiner seconded the motion. Vote on the motion: Mr. Lecklider, yes; Ms. Salay, yes; Mr. Keenan, yes; Mr. Gerber, yes; Mr. Reiner, yes; Vice Mayor Boring, yes; Mayor Chinnici-Zuercher, yes. • Minutes of Regular Meeting of November 17, 2008 Mr. Gerber moved approval. Mr. Keenan seconded the motion. Vote on the motion: Ms. Salay, yes; Mr. Keenan, yes; Mr. Gerber, yes; Mr. Lecklider, yes; Mr. Reiner, yes; Mayor Chinnici-Zuercher, yes; Vice Mayor Boring, yes. CORRESPONDENCE Mr. Smith commented in regard to the annual notice of liquor permit renewals from the Division of Liquor Control. The Police Department reviewed the records, and there are no establishments in Dublin where there have been problems with violations such as selling to minors, etc. Therefore, staff is not recommending Council file objections to any liquor permit renewals at this time. SPECIAL PRESENTATIONS • Grounds of Remembrance -Community Support Ms. Puskarcik introduced Dick Termeer and Gary Termeer, who spoke regarding their family's purchase of a dedication stone in honor of their brother. They encouraged everyone with a relative or friend who served in the military to purchase a stone in the Dublin Veterans Park. The cost of the pavers is $300 each, and there are 500 available for purchase in the Park. • Announcement of the DAC People's Choice Award and Donation to the Community from the "Park Fiction" Exhibition -David Guion, DAC Exec. Director RECORD OF PROCEEDINGS Minutes of Dublin City- Council Meeting DAVTQN_LEGIL BL INK _INC ,. FORM NO 701ye Held -_ - - December 8, 2008 Page 3 Mr. Guion noted that over 400 ballots were counted in the "People's Choice" process for Titration 2. After careful consideration, the DAC is gifting four sculptures to the City -one from each artist in the exhibition. They believe it is an equitable policy to allow one work of each artist to remain in the City of Dublin; the sculptural groupings make sense together versus choosing one over another; and it makes the sculpture exhibition more cohesive. He described the four sculptures and artists. Mayor Chinnici-Zuercher asked by what means the City can retain the sculpture located in the Municipal Building. Mr. Guion responded that perhaps an individual or a corporation would provide the financial support needed to do this. The DAC is currently working with Washington Township regarding acquisition of a sculpture from the Titration 1 exhibit. Ms. Salay stated that as Council liaison to the DAC, she invited new DAC Board President Mike Humphries to attend tonight's meeting. She added that Mr. Guion presented the DAC strategic plan at the last Board meeting and she thanked him for coming to share this with Council. Vice Mayor Boring asked Mr. Guion to provide the costs of the remaining sculptures from the exhibit, in case the City would want to purchase them. Mr. Guion agreed to do so. DAC Strategic Plan -David Guion, DAC Executive Director Mr. Guion noted that the process begin in 2005. • A consultant from Australia assisted on a pro Bono basis. • He reviewed the DAC goals: to be a catalyst for creative expression and lifelong learning in the arts; shaping a cultural identify for Dublin residents and guests; and expanding DAC's organizational capabilities to best understand and serve its constituents. • He discussed the objectives to achieve these goals, as outlined in the materials and the progress made toward the goals. • He also focused on the impact and reach of the DAC organization locally, regionally and internationally. They work to establish the role of and importance of the arts in daily life for Dublin residents and guests. • The arts benefit the creative economy and have an economic impact -not only in Dublin, but in the region. • They have been able to serve on panels in Columbus, in Montgomery County, and statewide, where they can benchmark with other arts organizations. • They have tried to refine their human and financial resources to operate more efficiently. They have contracted experts with various skill sets to support the DAC. • He noted that they have an excellent Board in place, which has helped with the decision-making process. • They are diversifying revenue streams through fundraising, earned income, and revenue from artists. In the current budget, bed tax funds represent 53 percent of the DAC funding, including contributed revenue. The remainder of the funding comes through donations, membership fees, corporate contributions and sponsorships. • They also receive grants from the Ohio Arts Council and donations from the Dublin Foundation. • They receive income and fees from art classes and sale of artwork, which helps to diversify revenue streams. He offered to respond to any questions. Mayor Chinnici-Zuercher congratulated the DAC on completing the strategic plan. The community and the organization will benefit substantially with having a vision and direction moving forward. Mr. Guion noted that there are holiday shopping opportunities at the DAC during their regular hours, and the annual Garden Party will take place on April 3 at OCLC. • NLC Silver Certificate of Achievement in Leadership RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting December 8, 2008 Page 4 Mayor Chinnici-Zuercher noted that Vice Mayor Boring has been enrolled in a Leadership Program with NLC, and has achieved the Silver Certificate level. She recognized her for this dedication and interest in developing leadership skills, and read the proclamation that Vice Mayor Boring recently received at the NLC meeting in Orlando. CITIZEN COMMENTS Wallace Maurer, 7451 Dublin Road noted that when he left Council after the last meeting, it occurred to him there is a huge "hole" in this exposition he has given regarding the Citizen Comments portion of the agenda. The first word in the description indicates "Anyone." This could equate to any American citizen, but he chooses to interpret it as much wider than that. There are residents in this city who are not American citizens, and to them, "Citizen Comments" could mean American or any other citizens. He chooses to see the word consonant with the generosity of this country from the outset, welcoming anyone. His apology goes to any people who, in the televised reproduction of meetings, may have heard him speak as if he referred only to American citizens. He recalls in the last few years that former Council Member Barbara Avery brought three Russian politicians to the meeting to observe American government. He believes they did address Council at that time. Everything else he has said about the wording of the "Citizen Comments" stands. It is his contention, and he is certain that Mr. Smith agrees that there has been a violation of the First Amendment as well as the equal protection clause of the Fourteenth Amendment. Council has a right to stop him if they believe he is out of line. He shall interpret their silence as being afraid that if they restore to him this right, they do not know what he'll do with it. LEGISLATION SECOND READING/PUBLIC HEARING -ORDINANCES Ordinance 80-08 Adopting the Annual Operating Budget for the Fiscal Year Ending December 31, 2009, and Declaring an Emergency. Ms. Grigsby stated that Council reviewed the proposed budget in two workshop sessions. Based upon the direction of Council, modifications have been incorporated into the budget document. She highlighted that the annual operating budget reflects the lowest rate of growth seen since her service with the City began. The actual operations budget projected for 2009 budget is 4.15 percent higher than 2008, and this takes into consideration the 27th pay that will occur in 2009. Without the 27th pay, the rate of increase is 2.3 percent over 2008. The City has had a strong practice of community planning and fiscal management that has allowed the City to be in the position of having a slight growth in the 2009 operating budget. Council can take credit for the fiscal management policies over past years that have allowed the City to be in this present condition. Staff recognizes it will be even more critical in the months ahead to monitor both the revenues and expenditures in this challenging economy. Staff recommends adoption of the 2009 operating budget at this time. Mr. Reiner thanked Ms. Grigsby for a very thorough staff report and review process with Council. He believes that staff has thoroughly responded to the issues brought up by Council during the sessions. Mayor Chinnici-Zuercher noted that the financial management practices are a credit to Ms. Grigsby and her staff. An excellent fiscal process has been established, which is conservative, yet responsive to what the citizens expect. Council is appreciative of her guidance and leadership. Mr. Keenan moved for emergency passage in order to have the budget in effect by January 1, 2009. Mr. Reiner seconded the motion. Vote on the motion: Mr. Reiner, yes; Mr. Keenan, yes; Vice Mayor Boring, yes; Mayor Chinnici-Zuercher, yes; Mr. Gerber, yes; Mr. Lecklider, yes; Ms. Salay, yes. Vote on the Ordinance: Mayor Chinnici-Zuercher, yes; Mr. Lecklider, yes; Mr. Reiner, yes; Mr. Gerber, yes; Ms. Salay, yes; Vice Mayor Boring, yes; Mr. Keenan, yes. RECORD OF PROCEEDINGS Minutes of Dublin City Council 1Meetin OAYTON LEGAL 6LANK IBC. FORPA NO iGi4° _ ___. December 8, 2008 Page 5 Held ~p - - Wallace Maurer, 7451 Dublin Road stated that the financial picture of the entire planet struck him as being a case of "chaos out of control." He believes the City is doing the right thing in not panicking and carrying out the commitments made during these challenging times. He asked if he could meet with Mr. Gerber after the meeting. Ordinance 82-08 Amending Chapter 35 of the Codified Ordinances to Revise the Fee and Service Charge Revenue/Cost Comparison System and Establishing a Schedule of Fees and Service Charges for City of Dublin Services, and Declaring an Emergency. Mr. Keenan, Finance Committee Chair noted that the Committee met on December 1 and reviewed a number of specific areas. The review included fee waivers for homeowner associations, and no adjustments were made to what staff had proposed. The fees for the COIC were discussed, and any necessary fee adjustments will be made in the future. In addition, the DCRC birthday party package fees were adjusted for non-residents, driven by the desire to provide increased rental opportunities for Dublin residents. The Committee supports maintaining the current DCRC fee structure for the 2009 calendar year, and will evaluate an adjustment for 2010 in the future. Mr. Keenan added that Ms. Kennedy did an excellent job in responding to all of the Committee's questions. He invited Council to comment. Vice Mayor Boring noted that on page 18, in regard to the DCRC fee for the Power Plus program, she had understood this was a single case. Could this be modified to include language that the program would be on a contract basis? As drafted, it would lead to consideration of each request individually. The contract can specify the details of the program so that it will not interfere with daily DCRC operations. Ms. Grigsby responded that can be done. Part of the Finance Committee discussion was that this item would be guided by an agreement entered into with the Schools, addressing specific issues. Vice Mayor Boring stated that she wants it to be clear that this is the norm for such a program. Mayor Chinnici-Zuercher summarized that Vice Mayor Boring is requesting a formal contract for any similar program that would be brought forward. Discussion followed. Mr. Lecklider asked for confirmation that it is CSAC's and the Finance Committee's recommendation in regard to fee waivers for HOAs that water tap fees for entry areas not be waived. Ms. Grigsby responded that this issue was discussed at the CSAC meeting, and they made recommendations regarding this item. Ms. Salay stated she had hoped to have the minutes of that meeting available to understand their discussion. Mr. Keenan recalled that there are certain portions of the tap fees which Dublin does not control -they are paid to Columbus. Vice Mayor Boring noted that the revenues from tap fees do not go into the general fund, but into the water fund. The water and sewer funds are to be used for the system maintenance, and staff monitors these tap fees carefully to ensure they are adequate to cover maintenance costs. Ms. Crandall noted that she does not believe there were specific comments in regard to this item at CSAC. Staff brought this chart to CSAC for review, and it was compiled from the typical requests for waivers the City has received and what Council has approved in the past. Instead of bringing these case by case to Council, it was the desire to handle these waiver requests administratively. She believes that a water tap would not be a typical component of an entry feature, and for this reason it was not included. Mr. Keenan added that those items would typically be paid for by the developer when a subdivision is platted. RECORD OF PROCEEDINGS Minutes of DAYTON I,EG?L BLANK, INC., FORi.1 NO. lOla$ Held December 8, 2008 Meeting Page 6 Mr. Lecklider recalled two examples in his ward over the past years where redevelopment was proposed for the entry features in the neighborhoods. He questions whether this policy is consistent with Council's goals with respect to supporting neighborhoods. Mr_ Keenan noted there was previous discussion of a separate fund being established that could be used by neighborhood associations for improvement projects. That could be a source of such funding. Mr. Lecklider noted that not many requests have come forward such as this. He recalls that such a waiver was approved for one subdivision. Mr. Keenan noted that this relates to forced and funded associations. Mayor Chinnici-Zuercher stated that for this reason, the issue was referred to CSAC. Mr. Lecklider asked if it is fair to state that CSAC viewed the chart of Council's past actions regarding water tap fee waivers, reflecting in general that Council did not approve them. Ms. Crandall agreed. In addition, CSAC is working on additional recommendations, including a grant program for beautification of entry features. This could potentially include tap fees. Mr. Lecklider noted that he does not believe a $1,700 water tap waiver will have a significant impact on the City's water and sewer funds. He does appreciate the explanation. Mr. Keenan moved for emergency passage in order to have the fees in place by January 1, 2009. Mr. Reiner seconded the motion. Vote on the motion: Ms. Salay, yes; Mr. Lecklider, yes; Mr. Reiner, yes; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes; Vice Mayor Boring, yes; Mr. Gerber, yes. Vote on the Ordinance !with amended attachment): Vice Mayor Boring, yes; Mr. Gerber, yes; Mayor Chinnici-Zuercher, yes; Ms. Salay, yes; Mr. Lecklider, yes; Mr. Keenan, yes; Mr. Reiner, yes. 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. Thurman stated that staff is requesting passage of this and the three TIF ordinances which follow. This ordinance amends the existing Embassy Suites TIF district. It is currently a non school TIF. The amendment provides for improvements along US 33/SR 161 from I-270 to SR 161/Post Road. Language was added to specify the addition of lanes along SR 161, as requested by Council at the first reading. On November 17, Council asked for additional information regarding the funding of the Tolles Technical Center, and a memo was provided in the packet. He noted the following, which was based on the last audited report for Tolles ending June 30, 2007: • The majority of funding for Tolles comes from property tax revenues. • Their total assessed valuation for tax year 2006 was $6.4 billion. Of that, $1.9 billion was located in the City of Dublin, representing 30 percent of their total assessed valuation. Tolles receives general tax revenues of approximately $5.3 million, and of that, the City's share would constitute $1.6 million of that property tax revenue. • Based on information from the Tolles Treasurer, they currently have 585 students, 55 of whom are from the Dublin City School District. Of those 55, based on information on the District's website, approximately 33 students from the City of Dublin corporate area are enrolled in Tolles. That accounts for six percent of Tolles' total enrollment. • In summary, staff recognizes the valuable educational opportunities provided by Tolles. In previous meetings, staff has expressed interest to Tolles administrators in working with them on future developments and adding TIF districts. Staff believes that Dublin does provide a great deal of financial support at 30 percent of their assessed valuation, as only six percent of their students are from the City of Dublin. Staff is recommending approval of the legislation, and is requesting passage by emergency in order that it may take effect prior to January 1, 2009. RECORD OF PROCEEDINGS Minutes of Dublin Gity Council DAYTON LEGAL BLAJK, I~`JC., FORA. NO, u7+ .5 December 8, 2008 _~Vieetng Page 7 Mr. Keenan thanked Mr. Thurman for his research. It makes for a compelling argument in support of this legislation. Mr. Reiner moved for emergency passage. Ms. Salay seconded the motion. Vote on the motion: Vice Mayor Boring, yes; Mr. Keenan, yes; Mr. Reiner, yes; Ms. Salay yes; Mr. Gerber, yes; Mr. Lecklider, yes; Mayor Chinnici-Zuercher, yes. Vote on the Ordinance: Mr. Gerber, yes; Mayor Chinnici-Zuercher, yes; Vice Mayor Boring, yes; Mr. Keenan, yes; Mr. Lecklider, yes; Ms. Salay, yes; Mr. Reiner, yes. Ordinance 85-08(Amended) 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) Ms. Grigsby stated that this is similar to the Embassy Suites legislation. Mr. Thurman can respond to questions. Mr. Keenan moved for emergency passage. Mr. Gerber seconded the motion. Vote on the motion: Mayor Chinnici-Zuercher, yes; Mr. Keenan, yes; Mr. Reiner, yes; Ms. Salay, yes; Mr. Gerber, yes; Mr. Lecklider, yes; Vice Mayor Boring, yes. Vote on the Ordinance: Mr. Gerber, yes; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes; Mr. Reiner, yes; Ms. Salay, yes; Mr. Lecklider, yes; Vice Mayor Boring, yes. 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 } Mr. Thurman noted that this provides for amendments to the existing TIF to identify improvements needed at Emerald Parkway and Post Road, and for the redirection of Post Road to Commerce Parkway. These improvements are needed in conjunction with the current Cardinal expansion. This was converted to a non school TIF with Ordinance 44- 03. Staff recommends approval. Emergency action is not requested. Vote on the Ordinance: Mr. Keenan, yes; Mr_ Reiner, yes; Vice Mayor Boring, yes; Ms. Salay, yes; Mr. Gerber, yes; Mr. Lecklider, yes; Mayor Chinnici-Zuercher, yes. 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) Mr. Thurman stated this ordinance provides for establishment of the Waterford Commons TIF in the Historic Dublin area. It is for the construction of a 12,000 square foot office building. The legislation provides for 100 percent tax exemption for 30 years with no revenue sharing. The improvements identified are for traffic signalization, some lane improvements and potential utility burial at SR 161 and Monterey Drive. The Dublin Schools have requested additional time to review the legislation. A meeting will be scheduled with the Treasurer of the District. Staff is therefore requesting that the ordinance be postponed until the January 5, 2009 meeting. Depending upon the schedules over the holiday period, it may not be possible to bring this forward on January 5"', and staff may request further postponement at that time. Mr. Gerber moved to postpone the ordinance until the January 5, 2009 Council meeting. Mr. Reiner seconded the motion. Vote on the motion: Mr. Keenan, yes; Mr. Reiner, yes; Mayor Chinnici-Zuercher, yes; Mr Gerber, yes; Vice Mayor Boring, yes; Ms. Salay, yes; Mr. Lecklider, yes. RECORD OF PROCEEDINGS _ Minutes of_ __ __ Dublin City Council h!Ieeti_n~ DAYTON LEGAL BLANK INC.. FCRM NO. 10148 December 8, 2008 Page 8 Held 20 Ms. Salay asked if approval from the School District is required for a straight TIF, or if it is a courtesy to request such approval. Mr. Thurman responded that in order to receive a 30-year, 100 percent TIF, approval from the School Board is required. There are other options available that do not necessarily require approval from the School Board. The length of time and percentage requested for this TIF are what drives the need for Board approval. The ordinance was postponed until the January 5, 2009 Council meeting. Ordinance 88-08 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; Authorizing the Execution of a Tax Increment Financing Agreement, and Declaring an Emergency. (Bridge and High Development) Mr. Thurman noted this provides for the Bridge and High TIF and relates to the construction of the BriHi development at the corner of Bridge and High in Historic Dublin. Service payments generated by this TIF will be used for public improvements associated with the development. This legislation provides for 100 percent tax exemption for 30 years with no revenue sharing. The School Board did approve this TIF at their November 13, 2008 Board meeting. Staff recommends approval of the ordinance by emergency, in order to have it effective by January 1, 2009. Mr. Gerber moved for emergency passage. Ms. Salay 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. Lecklider, yes; Mr. Reiner, yes; Ms. Salay, yes; Mr. Gerber, yes; Vice Mayor Boring, 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. Ms. Grigsby stated that Mr. McDaniel and Ms. Gilger are attending a site selection conference in Chicago and could not be present tonight. There is no additional information to be provided at this time. Wallace Maurer, 7451 Dublin Road asked what "Eisc" refers to? Secondly, he read the history of the CIFT and was curious why they had not gone into the Center of Science in the Public Interest, which is responsible for the contents of food purchased. Mayor Chinnici-Zuercher encouraged him to contact the company officials with these questions. Ms. Grigsby stated that the reference to "Eisc" is the formal name of the company for contract purposes. Vote on the Ordinance: Vice Mayor Boring, yes; Mr. Keenan, yes; Mr. Reiner, yes; Mr. Gerber, yes; Ms. Salay, yes; Mr. Lecklider, yes; Mayor Chinnici-Zuercher, yes. 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. Ms. Grigsby stated there is no additional information to report at this time. Vote on the Ordinance: Ms. Salay, yes; Vice Mayor Boring, yes; Mr. Reiner, yes; Mayor Chinnici-Zuercher, yes; Mr. Keenan, yes; Mr. Gerber, yes; Mr. Lecklider, yes. RECORD OF PROCEEDINGS Minutes of Dubtin City Council Meeting DAYTON LEGAL BLANK, IhC., FORM NO. 10ia8 December 8, 2008 Page 9 Held 20 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. Ms. Grigsby stated that a staff report was provided for the first reading. An interesting item is that this company came to Dublin as a result of the partnership with TechColumbus. This demonstrates the type of development that can result from this partnership. The company will also be located in the COIC in the Entrepreneurial Center. Brian Pitzer, CEO is present tonight. Brian Pitzer, CEO, Vitality Distributing noted that the company is located in the Entrepreneurial Center. They are creating a caffeinated water, with no taste or smell and no particulates, which is geared for national distribution in early 2009. They have also partnered with some Dublin-based media and marketing teams. They have manufacturing facilities in Tampa Bay, Brighton, Michigan and Dallas, TX. They appreciate Council's support of this incentive. He demonstrated the product and container to Council. Brief discussion followed with Mr. Pitzer about the health benefits of the product. Wallace Maurer, 7451 Dublin Road noted that this sounds much like the invention of the yo-yo! Is this tap water plus caffeine? Mr. Pitzer responded that it is purified water. Because of the national distribution, they could not use spring water. The purified water will provide a similar base throughout the distribution areas. Vote on the Ordinance: Mr. Gerber, yes; Mr. Reiner, yes; Ms. Salay, yes; Vice Mayor Boring, yes; Mr. Lecklider, yes; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes. 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. Grigsby stated that GoAntiques.com is seeking to expand in the City. They have received a Job Creation Tax Credit from the State of Ohio. Part of the requirement is to obtain a percentage of match from the local government, and this would constitute the local match. Mayor Chinnici-Zuercher asked about the outcome of the Tax Credit Authority's meeting today. Ms. Grigsby stated that she has not heard, but staff did not anticipate any problems with securing this approval. Jim Kamnikar, PresidentlCEO of Goantiques.com responded that they have received such approval. He reported that his wife founded Antique Networking, and the first office was located above Ha'penny Bridge in Dublin in 1995. They have expanded the business several times and have now been acquired by Worthpoint Corporation based in Atlanta. Worthpoint is seeking to expand the tech force and wants to do this in either Atlanta, northern Virginia or in Dublin, Ohio -based on incentives secured. They have 17 staff members working in Dublin. There were no further questions. Vote on the Ordinance: Mr. Lecklider, yes; Mr. Keenan, yes; Mr. Reiner, yes; Vice Mayor Boring, yes; Mayor Chinnici-Zuercher, yes; Ms. Salay, yes; Mr. Gerber, yes. INTRODUCTIONIFIRST READING -ORDINANCES Ordinance 94-08 Amending the Annual Appropriations for the Fiscal Year Ending December 31, 2008. Mr. Lecklider introduced the ordinance. Ms. Grigsby stated this is a year-end housekeeping measure which provides appropriations for various projects. • The capital project funds all relate to contracts that Council has authorized through previous legislation and the acquisition of rights-of-way. RECORD OF PROCEEDINGS Minutes of DAVTON LEGAL BLANK, INC., FORM_NO _701 h8 Held Dublin- City council December 8, 2008 Meeting Page 10 Section 2 provides the funding authorization for the radio system expansion project, which will be addressed later on tonight's agenda. Section 7 relates to the improvements to Emerald Parkway from Rings to Tuttle. Staff has been working with the City of Columbus and is in the process of entering into a design contract with a selected firm through a joint effort by Columbus and Dublin staff. An infrastructure agreement will be brought to Council in January to continue moving this process forward. Mr. Gerber moved to dispense with the public hearing. Mr. Lecklider seconded the motion. Vote on the motion: Mayor Chinnici-Zuercher, yes; Mr. Keenan, yes; Mr. Reiner, yes; Vice Mayor Boring, yes; Mr. Gerber, yes; Mr. Lecklider, yes. Vote on the Ordinance: Vice Mayor Boring, yes; Mr. Lecklider, yes; Mr. Gerber, yes; Mr. Reiner, yes; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes. Ordinance 95-08 Establishing Appropriations Based on the 2009 Operating Budget of the City of Dublin, State of Ohio, for the Fiscal Year Ending December 31, 2009. Mr. Gerber introduced the ordinance. Ms. Grigsby noted this is the companion legislation for the 2009 operating budget. Staff is requesting that Council dispense with the public hearing and adopt the ordinance at this time. Mr. Gerber moved to dispense with the public hearing. Mr. Reiner seconded the motion. Vote on the motion: Mr. Keenan, yes; Mr. Reiner, yes; Mr. Gerber, yes; Vice Mayor Boring, yes; Mayor Chinnici-Zuercher, yes; Mr. Lecklider, yes. Vote on the Ordinance: Vice Mayor Boring, yes; Mr. Lecklider, yes; Mr. Keenan, yes; Mr. Reiner, yes; Mr. Gerber, yes; Mayor Chinnici-Zuercher, yes. Ordinance 96-08 Appropriating a .143 Acres, More or Less, Utilities Easement and a .009 Acres, More or Less, Temporary Construction Easement from Charles E. and Karen S. Richardson, Said Acreage Located North of Emerald Parkway and East of Coffman Road, City of Dublin, County of Franklin, State of Ohio, And Declaring An Emergency. Mr. Gerber introduced the ordinance. Ms. Grigsby stated that this project relates to the improvements for Cardinal Health. The project includes construction of a waterline. Mr. Hammersmith stated that this is a follow-up ordinance to the resolution of intent previously approved. It provides for the extension of an 8-inch water main from Emerald Parkway to the Woods of Indian Run subdivision. The project requires a temporary easement and a permanent utility easement from this property owner. Mr. Gerber moved to dispense with the public hearing and for emergency passage. Mr. Reiner seconded the motion. Vote on the motion: Vice Mayor Boring, yes; Mr. Keenan, yes; Mr. Reiner, yes; Ms. Salay, yes; Mr. Lecklider, yes; Mr. Gerber, yes; Mayor Chinnici-Zuercher, yes. Vote on the Ordinance: Mr. Gerber, yes; Ms. Salay, yes; Mr. Lecklider, yes; Mr. Reiner, yes; Vice Mayor Boring, yes; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes. Ordinance 97-08 Amending Section 2 ("Wage and Salary Structure/Administration) of Ordinance 73- 06 ("Compensation Plan" for Non Union Employees). Mr. Lecklider introduced the ordinance. Mr. Harding stated that background materials and a detailed memo were provided in the packet. He noted the following: • In January of 2007, a new class and compensation system was implemented, following an extensive class and comp survey conducted by consultant Martha Solano. Ms. Solano is present tonight. • When implemented, the new system established salary ranges, which were effective for atwo-year period of time -from January 2007 through December 31, 2008. It is a new market-based system, and therefore important to do regular RECORD OF PROCEEDINGS Minutes of Dublin City Council - Meetn.~. _ _ ~AYfON LEGAL BLANK. INC_FOR".4 NO. tOt48 ~.__.. _ December 8, 2008 Page 11 Held ZO Ii - reviews of market data in order to keep the pay ranges competitive with the marketplace. • The new system calls for a review of the salary structure on a biennial basis, looking at market factors and making recommendations regarding any needed adjustments to the pay structure. • The adjustments recommended would be effective in January of 2009. Ms. Solano replicated the process used in 2006, using the same data sources with 2008 salary data. • The ranges are shown in the ordinance and reflect the market analysis done. The ranges would be effective from January 1, 2009 through December 31, 2010. • There are a number of provisions in the ordinance addressing job classifications and some new job creation, all of which were discussed with Council during the budget process. • The 2009 operating budget includes funding for both the pay range adjustments, as well as any job reclassifications. There was a four percent factor included in the 2009 budget to cover wage and salary increases. Staff recommends adoption of the ordinance at the second reading/public hearing on January 5, 2009. He offered to respond to questions, and added that Ms. Solano can respond to detailed questions regarding the market analysis. Mayor Chinnici-Zuercher asked for confirmation that in the 2009 budget, a four percent wage increase was anticipated. Mr. Harding responded affirmatively. Mayor Chinnici-Zuercher noted that is separate from the 27'h pay funding, as she understands. She was surprised with the increase of many pay ranges, considering where the market stands in terms of employment. She continues to have concern with the amount of salary increases and the financial impacts to the City in the long term. Ms. Grigsby responded that in reviewing the proposal, the staff team had some of the same discussions. Originally, there was a slightly larger increase, after taking into consideration all of the proposed increases based on the model for all employees. This was modified and reduced slightly. The normal rate adjustment will be approximately three percent; some employees will receive more and some less than three percent. The model looks at what is occurring in the market, and the adjustments to the ranges of the pay band are based on market. She added that this adjustment is for atwo-year period. Two years from now, based on the market, it is possible there could be no adjustment or a smaller amount of adjustment for the following two years. Mayor Chinnici-Zuercher noted that Council Members brought up at the budget hearings the importance of analysis being done about whether or not to fill a position that becomes vacant, or whether the work can be redistributed. Vice Mayor Boring noted that it appears some pay ranges are increasing by 10 percent. Mr. Harding responded these are two-year adjustments and are based on market. In a market-based system, the market does not move in a linear fashion across the board. Different classes of jobs have different market conditions. There were 268 positions reviewed, representing 10,000 incumbents, reflecting considerable data to support this movement. Vice Mayor Boring asked if the market data is regional. Mr. Harding responded the market data was one third private sector for the Columbus region and two thirds public sector data, taken from the MORPC salary survey of Central Ohio and the State of Ohio compensation ranges. Mr. Keenan asked if Dublin is considering the impact of benefits in the compensation package, in view of the ever-increasing cost of benefits for employers. How is that integrated into this pay package? Ms. Grigsby responded that in terms of health insurance, the City has made significant adjustments to its Plan. As part of the various union negotiations, those comparables are considered from both the wage perspective and the benefits package in total. Staff is comfortable with the recommendations from both the compensation and benefits package standpoint. Mr. Keenan added that it is difficult to compare private and public sector in so many areas, i.e. clothing allowances, pension pick-up, etc. RECORD OF PROCEEDINGS _Minute_S of - Dublin City Council Meeti.n~_ DAYTON LEGAL 6LANK~WQ. FOFA4 NO. 1otg8 December 8, 2008 Page 12 Held 20 Ms. Grigsby noted that the City of Dublin does not have any pension pick-up for employees. Only the previous City Manager had a pension pick-up in Dublin. Many governmental entities do have pension pick-up, but Dublin does not. Vice Mayor Boring asked if there will be an "across the board" increase for all employees. Mr. Harding responded that Dublin does not have such a system. The model increase is based on a three percent normal increase, depending upon position in the range and employee performance. These factors govern the rate of salary increase. Vice Mayor Boring asked about an employee whose salary falls below the new range. Mr. Harding responded that if an individual is at the lowest level of the "market" range, the model indicates that those individuals can receive regular increases and more frequent increases to move them into the "target" segment of the pay range, assuming their performance is good. Dublin's performance standards are above those of most organizations. The "target" range segment is intentionally positioned at 10 percent above the range so that talent can be retained. Ms. Solano added that if an employee is paid below the minimum of the market segment of a range, they would be brought up to the new minimum of the range. She noted that only two employees in the entire full-time group fell below the minimum of their new range. With the model increase as projected, they would move to within the target segment with that first increase. There will not be a significant cost incurred with bringing employees to the new range. Mr. Harding noted that the pay range adjustment is merely to the range structure; it does not mean that an individual automatically receives a pay increase. Mr. Keenan noted that someone at the low end of the range may not be a high performer. Ms. Solano added that this could also be a very new employee. Any adjustments will be made on March 1, not on January 1. Ms. Salay noted that in view of the small number of employees who will fall below the minimum of the new market pay range, it suggests that the City's compensation plan was fairly on target. Ms. Solano stated that the goal over time is to pay people who meet Dublin standards within the target segment. When the new ranges are implemented, 74 percent of employees are still in the target segment. In the aggregate, the overall change to the ranges was 7 percent, or 3.5 percent per year. This is a reasonable increase. Mr. Lecklider noted that everyone's comments are well taken, especially with regard to the benefits package. However, it is important to keep in mind the collective bargaining agreements and the percentage raises approved in those contracts over the past year or so. Ms. Solano added that based on the economy, things may be different in two years, and adjustments can be made at that point. There will be a second reading/public hearing on January 5, 2009. INTRODUCTION/PUBLIC HEARING -RESOLUTIONS Resolution 85-08 Authorizing the City Manager to Enter into an Agreement with the Delaware City Prosecutor in the Delaware Municipal Court. Mr. Keenan introduced the resolution. Ms. Grigsby stated that this is a routine contract with a minimal cost. In all of 2008, the City paid $280 for these services. Vote on the Resolution: Mayor Chinnici-Zuercher, yes; Vice Mayor Boring, yes; Mr. Reiner, yes; Mr. Lecklider, yes; Mr. Gerber, yes; Mr. Keenan, yes; Ms. Salay, yes. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting December 8, 2008 Page 13 Resolution 86-08 Accepting the Lowest and Best Bid for the 2009 South Landscape Maintenance Project, and Authorizing the City Manager to Enter into a Contract for Said Services. Ms. Salay introduced the resolution. Mr. Hahn stated that this contract provides for mowing, bed maintenance and weeding associated with the southern portion of the City rights-of-way. Mr. Keenan asked for clarification about the reasons for such a wide range in bids. Mr. Hahn responded that he does not know. Staff has worked with Peabody over the years, their performance is good and their price is competitive. Mr. Reiner asked what kind of supervision the City exercises over the work. Mr. Hahn responded that a staff member oversees the contracts, and there are provisions that allow the City to have the work performed if the contractor does not. This would be deducted from any invoices paid to the contractor, should the City find that necessary. The language in the contracts is strongly enforced. Mr. Reiner asked if the City actually inspects the materials the contractors put down, including ensuring the correct quantity is used. Mr. Hahn responded affirmatively. The staff monitors the applications and the mowing agreed to in the contract. Mr. Reiner asked if there is a rebate included in the contract for drought periods, when a lower number of mowings is required. Mr. Hahn responded that the contract includes an assumption regarding the number of mowings, and it works both ways in drought and heavy growth years. There is a unit price included. Mr. Salay asked if the City considers using "green" landscaping methods in terms of fertilizers and chemicals. Mr. Hahn responded that many of the fertilizers used are natural, although they may not have the green symbol. Staff has done some experimentation in the parks with pure natural chemicals available, and some test plots this year. A 2008 industry-wide problem was the price increase in fertilizers. Staff has therefore scaled back on application rates from previous years. Council will receive more information about these issues in the future. This contract does not have a requirement for such green certified products. Ms. Salay added that it appears the City is working toward identifying best practices in this area for the future. Vote on the Resolution: Vice Mayor Boring, yes; Mr. Gerber, yes; Mayor Chinnici- Zuercher, yes; Mr. Reiner, yes; Ms. Salay, yes; Mr. Lecklider, yes; Mr. Keenan, yes. Resolution 87-08 Amending Sections 4.01 (Council Meetings) and 7.01 (Newspaper Publication) of the Council Rules of Order. Mr. Lecklider introduced the resolution. Ms. Grigsby stated that this provides for an amendment to the Rules in regard to agenda publications. It was discussed at the budget workshops, and will reduce the City's advertising costs. Council Rules call for introduction of the amendments to Rules at one meeting, and for voting on the amendments at the next meeting. Mr. Lecklider asked about the expenses related to advertising. Ms. Grigsby responded that the advertising expense for 2008 was approximately $50,000, $10,000 of which related to campaign finance report publication. The remainder related to meeting agendas and public notices. Ms. Salay asked for confirmation that in the future, the agendas will not be published in the classified ads of the Dispatch, but will continue to run in the local papers. The Clerk added that only paid ads were placed in the Columbus Dispatch; the local papers run the agendas as a courtesy at no charge. Ms. Grigsby added that the paid ads guarantee that they will run in the classified ads; the other publication is not guaranteed, but only runs as space can accommodate it. The "In Touch" ad in the local paper will refer citizens to the City website to access agenda information. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting December 8, 2008 Page 14 Vice Mayor Boring noted that she is hopeful that the Council agendas will continue to run in the local papers, if it can be done without cost. Not everyone has access to a computer. Mayor Chinnici-Zuercher noted that the meeting notices also run on the cable bulletin board listings. The Clerk added that the agendas are published in the local papers on a regular basis. Those who request agendas from the City receive them via e-mail or by mail if so requested. Vice Mayor Boring noted that not everyone has access to the government channel in Dublin, so it will be important to continue sending the agendas to the local reporters so they can include that information in the newspapers. Wallace Maurer, 7451 Dublin Road stated that there are people in the city who do not have computers and who cannot afford them. The television broadcast does not provide detailed agendas -only meeting dates and times. There are places in the City where such information is posted. But it is important to have the agenda and detailed information available to the public by whatever means available. Mayor Chinnici-Zuercher added that another information source is through civic association mailings. There is an e-news mailing available as well. Ms. Grigsby noted that the local newspapers are circulated to residents, but the Dispatch is not delivered to all residents. Therefore, advertising in the Dispatch is not a guarantee that everyone will have access to the agendas. Mayor Chinnici-Zuercher summarized that Council is appreciative of the local newspapers publishing the agendas, which helps to circulate that information. Resolution 87-08 will be voted upon at the January 5, 2009 Council meeting. Resolution 88-08 Declaring Certain City-Owned Property as Surplus and Authorizing the City Manager to Dispose of Said Property in Accordance with Section 37.08 of the Dublin Codified Ordinances. Mr. Gerber introduced the resolution. Ms. Grigsby stated that this requests authorization to place the items listed in the attachment on govdeals.com. Vote on the Resolution: Mr. Reiner, yes; Mr. Keenan, yes; Mr. Gerber, yes; Vice Mayor Boring, yes; Mr. Lecklider, yes; Ms. Salay, yes; Mayor Chinnici-Zuercher, yes. Resolution 89-08 Designating the City Manager or Her Designee as the City's Authorized Agent to Apply for and Accept a Grant from the Public Assistance Grant Program under the Federal Emergency Management Program (FEMA). Mr. Gerber introduced the resolution. Ms. Grigsby stated that Franklin County was designated as a federal disaster area after the windstorm associated with Hurricane Ike. City staff has been working with FEMA representatives on reimbursement for costs incurred in the clean-up. Currently, the estimate for expenses is $300,000 and reimbursement is anticipated of approximately $225,000. Mr. Reiner asked what specific damage this relates to. Ms. Grigsby responded that for the City, it is generally debris clean-up expense. Vote on the Resolution: Mr. Gerber, yes; Mr. Reiner, yes; Ms. Salay, yes; Vice Mayor Boring, yes; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes. Resolution 90-08 Waiving Competitive Bidding Requirements, Pursuant to Section 8.04 ("Contracting Procedures"), Paragraph (C) ("Waiver of Competitive Bidding") for the Purchase and Installation of Radio System Infrastructure. Mr. Gerber introduced the resolution. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting December 8, 2008 Page 15 Chief Epperson noted that a detailed memo was included in the packet. He reported the following: • The resolution allows waiving of competitive bidding and authorizes a contract with Motorola for the infrastructure related to the new radio system. It will convert the current analog system to digital. • It will merge the City's system with the City of Worthington and Delaware County systems. • In terms of single source, Motorola is the only provider of this type of equipment that is compatible with Dublin's existing equipment, as well as that of Delaware County. He offered to respond to questions. Mayor Chinnici-Zuercher noted that extensive discussion about this matter took place at the recent budget hearings. Vote on the Resolution: Vice Mayor Boring, yes; Ms. Salay, yes; Mr. Reiner, yes; Mr. Gerber, yes; Mayor Chinnici-Zuercher, yes; Mr. Keenan, yes. Resolution 91-08 Requesting the Delaware, Franklin and Union County Auditors to Draw and the Delaware, Franklin and Union County Treasurers to Issue a Draft to the Director of Finance of the City of Dublin for any Money that May Be in the County Treasury to the Account of the City of Dublin. Mr. Gerber introduced the resolution. Ms. Grigsby stated this is annual legislation, which allows the City to request property tax revenues at an earlier date than the counties would typically distribute them. Vote on the Resolution: Mr. Gerber, yes; Ms. Salay, yes; Vice Mayor Boring, yes; Mayor Chinnici-Zuercher, yes; Mr. Reiner, yes; Mr. Keenan, yes. STAFF COMMENTS Ms. Grigsby reported: 1. Following the last joint Council and Planning & Zoning Commission meeting, staff met to work on a report regarding various items. As part of this report, staff is suggesting that Council and P&Z meet again on Monday, January 26 for follow up. At this meeting, staff would also like to review the options for the intersection of SR 161 and Riverside Drive and the realignment of Riverside Drive. Council indicated they are available to meet on this date. Vice Mayor Boring noted that there was some discussion of scheduling a guest speaker. Is this anticipated to occur at this joint meeting? Ms. Grigsby responded that staff will discuss this further in terms of time available that evening, or whether it should be scheduled for another date. 2. A memo regarding the National Church Residences was included in the Council packet. In June, this applicant met with Council, and staff has continued to work with them. A concept plan is scheduled for review by P&Z on Thursday, December 11. Staff is hopeful that this project will continue to move forward. COUNCIL ROUNDTABLE/COUNCIL COMMITTEE REPORTS Mr. Keenan, Finance Chair reported that two members of the Committee met on November 24 and approved the following recommendations regarding hotel/motel tax grants: 1. Arthritis Foundation Classic Auto Show & Cruise-in -Committee recommendation is for a grant not to exceed $10,000 for the cost of City services, and to waive the rental fee for the Showmobile; set-up and tear down costs for the Showmobile are to be paid out of the $10,000 City services grant. 2. Dublin Kiwanis Club Frog Jump -Committee recommends grant to cover the cost of City services, not to exceed $5,750; he noted that the City expenses have been much less than this over the years. 3. Dublin Soccer League Charity Cup -grant not to exceed $29,000 for cost of nine goals and one Gator CS utility vehicle, as outlined in the application; stipulation that the City reserves the right to use the Gator for City Special Events. 4. Dublin Women's Philanthropic Club Christmas Tour of Homes and Kick-off Party - recommend grant of $1,000 for expenses related to event in recognition of the group's many efforts on behalf of Dublin. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting ~AYT H I~EG.a.L BLFNri, INC;.. r~7Rf,'. Nn '.Ot d December 8, 2008 Page 16 Held 20 5. Ohio Premier Girls Soccer Club OP Invitational -recommend grant of $5,350; recommendation based on high utilization of Dublin hotels and generation of hotel/motel tax revenue. 6. Dublin Area Art League -recommend grant of $7,000 for two-day Dublin Art Fair; Council's representative to DAC to work with the groups to encourage cooperation and participation for this event. 7. Historic Dublin Business Association -recommend grant of $15,000 for activities in Historic Dublin; recommend denial of $5,000 request for parking solutions fund, as City is already working on resolving this issue. In addition, the Committee recommends the following: 1. That grant applications be accepted and reviewed once each year in November. 2. That afollow-up report be submitted within 30 days following the event, which is a condition for all grants; if report is not submitted within180 days after the event, the grant will be forfeited and the monies will revert back to the hotel/motel tax fund. He noted that the total amount of grant requests was $99,000, and the Committee recommends approval of $73,000 at this time. The total amount of monies allocated for 2009 grants was $198,700, leaving a balance of $125,596. Ms. Grigsby noted that the 2008 hotel/motel tax grant allocation in the budget is $198,700. Mr. Keenan summarized that approximately $127,000 remains in the fund after award of these grants. Vice Mayor Boring noted that she was out of town when the Committee met. She asked about Ohio Premier Girls Soccer and whether they are aDublin-based group. Ms. Salay responded affirmatively. Vice Mayor Boring stated that she was somewhat surprised that a grant is recommended for this group. Mr. Keenan responded that a criterion for bed tax grants is overnight stays in Dublin hotels based on the taxes generated. This event averages in the top two or three in this category. That weighed heavily in the recommendation. Vice Mayor Boring noted that if grants are awarded based on bed tax generated, it results in essentially giving back the monies paid in bed tax to the organization which generates them. The City gains nothing. She does not understand why the City would support some of these applications. In terms of the Dublin Women's Club, in essence, the City is giving them $1,000 toward their charity efforts. Mr. Keenan responded that the Women's Club has given much back to the community by way of their work and fundraising activities. Although they requested $4,000, a grant of $1,000 was recommended in recognition of the fact that it is a community group made up of many Dublin members. It did meet the criteria as reviewed by the Committee. Mr. Keenan moved approval of the Committee's recommendations as outlined. Vice Mayor Boring asked that the two groups of recommendations be voted upon separately. Mr. Keenan moved approval of the Committee's recommendations for hotel/motel tax grants. Ms. Salay seconded the motion. Vote on the motion: Mayor Chinnici-Zuercher, yes; Vice Mayor Boring, yes; Mr. Reiner, yes; Mr. Lecklider, yes; Mr. Gerber, yes; Mr. Keenan, yes; Ms. Salay, yes. Mr. Keenan moved approval of the Committee's recommendations regarding (1) the November timing for application review; and (2) the requirement for afollow-up report 30 days after an event; if not filed within 180 days after the event, the monies will revert back to the City. Mr. Gerber seconded the motion. Mayor Chinnici-Zuercher asked that City staff provide the requirements for the grant in writing when the award recommendation letter is sent to the applicant. A follow-up report within 30 days is often difficult for groups in cases where all the invoices are not finalized. Ms. Grigsby stated that in any case, an applicant should notify the City that they will require more time to file the report. In some cases, the City has never received such follow-up reports. Vice Mayor Boring asked that staff ensure that proper credit is given to the City for grant support in all publications related to the event. Vote on the motion: Ms. Salay, yes; Mr. Keenan, yes; Mr. Gerber, yes; Mr. Lecklider, yes; Mr. Reiner, yes; Vice Mayor Boring, yes; Mayor Chinnici-Zuercher, yes. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meetin¢ December 8, 2008 Page 17 Vice Mayor Boring noted that one of the hotel/motel tax criteria is to beautify the community. If Council were interested in allocating a portion of hotel/motel tax funds toward an art purchase, how would that process be initiated? Ms. Grigsby responded that if Council so directs, staff can obtain information from the Arts Council about the costs of the sculptures. Council can then take action about such a desired purchase at a Council meeting. Vice Mayor Boring moved to direct staff to provide information to Council regarding the costs of acquiring the remainder of the Park Fiction exhibit. Mr. Gerber seconded the motion. Vote on the motion: Mayor Chinnici-Zuercher, yes; Vice Mayor Boring, yes; Mr. Reiner, yes; Mr. Lecklider, yes; Mr. Gerber, yes; Mr. Keenan, yes; Ms. Salay, yes. Mr. Keenan: 1. Thanked Ms. Gibson for her efforts with the hotel/motel tax application process and Ms. Kennedy for her assistance with the cost study update. 2. Reported that US 33 Corridor group meetings took place on November 18 and December 1. 3. Noted that on November 20, the Logan/Union/Champaign Regional Planning Authority dinner took place. He, Ms. Grigsby, Mr. Hammersmith, Ms. Adkins, Mr. Langworthy, Mr. Goodwin, Mr. Phillabaum, and Ms. Noble attended. Mr. Reiner, Public Services Committee Chair reported that the Committee met on November 24 to review the Sexual Offender Pilot Program. Staff members present included Lt. Heinz von Eckartsberg, Mr. Somerville, Ms. Crandall, Ms. Nardecchia, Mr. Harding, Ms. Puskarcik, and Mr. Ball of SZD. He summarized that: 1. Employees: Human Resources will conduct sexual offender checks on an annual basis for all employees, whether full-time, part-time or seasonal. This process is estimated to require 35 hours annually and there will be no additional cost involved. 2. Adult volunteers: Volunteer Services will conduct sexual offender checks as part of its application process on all volunteers and will continue the Criminal Records Checks process that now exists. In addition, Volunteer Services will conduct Sexual Offender Checks on an annual basis for all volunteers. This process will take 90 hours of staff time. 3. Participants in designated children's areas: Additional contract language will be added in both the "General Security" section and in a new "Sexual Offender Policy" section, as outlined in the staff report. He noted that additional language will be included in professional services handbooks and correspondence. The City will also offer to conduct Sexual Offender Checks on the staff or volunteer members of any groups, organizations or vendors affiliated with the designated events. Mr. Reiner moved approval of the Committee's recommendations. Ms. Salay seconded the motion. Mayor Chinnici-Zuercher asked that staff communicate with the individual who brought this issue to the City's attention to let them know how it has been addressed. Vote on the motion: Mayor Chinnici-Zuercher, yes; Ms. Salay, yes; Mr. Lecklider, yes; Vice Mayor Boring, yes; Mr. Gerber, yes; Mr. Reiner, yes; Mr. Keenan, yes. Mr. Gerber noted that he is completing his first year of service on Council and has enjoyed serving on Council as well as the Finance Committee. He recommends that the Finance Committee plan to meet more regularly in 2009 with the City Manager and the Director of Finance in view of the economic challenges facing cities. It would be prudent for the Committee to monitor programs in relation to policy objectives and financial status. Ms. Salay noted: 1. The Old Dublin Woods residents agreed to have a new entrance for their subdivision to accommodate the City's road improvements. As an accommodation, Dublin had committed to plowing the section of Hirth Road between Old Hirth Road and Britton Parkway -even though this piece of roadway is actually in the City of Columbus. However, during the recent snow event, this was not done. She asked that staff be made aware of this commitment. 2. She and Mr. Gerber have been very involved in efforts to prevent underage drinking and have been meeting with various community groups, which are active in this area. They are discussing "social host" legislation, which may be proposed at the state level. They may bring back for Council's consideration some minor RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting December 8, 2008 Page 18 Hel changes to Dublin's Code that would encourage adults to refrain from providing alcohol to underage persons. 3. She had the privilege of serving as a judge in the annual Chili Cook-off in Historic Dublin. The attendance was somewhat impacted by the inclement weather. The winner of the chili cook-off was a 9-year employee of La Chatelaine. 4. Thanks to staff for all of their hard work over the past year, and especially to Ms. Grigsby for serving in a dual role during this interim period. She is very proud to be associated with the City of Dublin, which has a staff which gives 110 percent each day in their efforts for the City. Mr. Lecklider: 1. Noted an "hello" to Avery, a student at Dublin Jerome High School and a faithful viewer of Dublin City Council meetings on DTV. 2. Noted in regard to cable broadcast of meetings that he spoke with a citizen who recently changed cable providers. AT&T does not broadcast the Council meetings, and neither does WOW. His recollection of the testimony of the AT&T representatives was that they made a commitment to broadcast the government programming. Given the funding invested in this effort, it seems that the programming should be available to all viewers -not only Time Warner viewers. He did advise the citizen that the Council meetings will soon be available on the web for their viewing. 3. Reported that he attended the Dwight Lennox holiday concert at the Abbey Theatre. It is another example of the many opportunities in the community to partake of this caliber of event. 4. Wished Happy Holidays to the Dublin community and staff, and thanked staff for all of their hard work over the past year. Vice Mayor Boring: 1. Noted that the Administrative Committee has been working on the campaign finance legislation and related non-partisan election issues with Legal staff. The Committee will meet again on Monday, January Sin and plans to have the legislation drafted for Council's review on January 20. 2. Asked if the City has a policy in place for addressing the disposition of old televisions. Ms. Grigsby stated that she will follow up with Ms. Crandall on this and provide information to Council. 3. Wished everyone a Happy New Year! She acknowledged Mr. Keenan for his willingness to meet on Monday, January 5 even though the Fiesta Bowl takes place that evening. Mr. Keenan responded that he plans to raise this issue yet tonight. Ms. Salay noted that this is not a championship game. Mayor Chinnici-Zuercher commented that there will be a light agenda that evening, and a fairly short meeting. Mr. Keenan noted it would be prudent to ensure there is a quorum available to meet that night. Mayor Chinnici-Zuercher asked if anyone will not be present on January Stn Mr. Reiner stated he may not be present. Ms. Salay and Vice Mayor Boring indicated they will be present. There was no further discussion. Mayor Chinnici-Zuercher: 1. Reported that she and Ms. Grigsby attended the City Managers and Mayors meeting last week. Lt. Gov. Fisher presented an economic development plan for the State of Ohio. She asked that Economic Development staff obtain copies for all Council Members. 2. Noted that she attended the Ohio Municipal League Board meeting on Friday. She will leave the materials with the Clerk if anyone wants to review them. One item of interest at the meeting was that the Governor has indicated to OML that he would oppose the Mayor's Court bill if it comes out of the House or Senate. Another Mayor in attendance brought up "drop legislation" -which affects Police and Fire. It is already in effect and relates to retirement without notice to a city and then continuing to work for the same city at the same salary. Ms. Grigsby responded that the City receives notice of this, as Police officers are required to provide information about their last day of work to the pension board, and the information is obtained from the city. The officer can continue to work for the City if they so desire. Mayor Chinnici-Zuercher stated that the issue is that it is costly to a city to have a highly compensated, long-term employee continue working versus hiring an entry level employee RECORD OF PROCEEDINGS Minutes of _ Dublin City Council eetinQ December 8, 2008 Page 19 at a lower salary. Secondly, it does not provide diversity in terms of age categories in the work force. There may be a future survey of cities about any impacts of this legislation.. 3. Reported that there will be a Residential Construction Advisory Committee set up by the state as a result of the adoption of the new statewide residential building code. The OML is routinely requested to provide three names to the Governor's office for consideration in such appointments in order to have more formal representation on the committees. OML is submitting the names of the Mayors of South Euclid, Middleburg Heights, and Dublin. One of these will be selected. 4. Noted that the Dublin Seniors Holiday Luncheon is scheduled on Thursday, and the Chamber of Commerce luncheon takes place on Friday. Next week at the Abbey Theatre at 1 p.m. is the Cardinal Health Orchestra and Choir performance, and she will be a reader of "The Night Before Christmas." 5. Wished everyone a Happy New Year and thanked everyone for a great 2008. Dublin has weathered many challenges successfully, and she looks forward to another exciting, albeit challenging, 2009! ADJOURNMENT TO EXECUTIVE SESSION Mayor Chinnici-Zuercher moved to adjourn to executive session at 9:50 p.m. to consider land acquisition matters (the purchase of property for public purposes), 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) and personnel matters (the appointment, employment, dismissal, discipline, promotion, demotion, or compensation of a public employee or official). Mr. Reiner seconded the motion. Vote on the motion: Ms. Salay, yes; Mr. Lecklider, yes; Vice Mayor Boring, yes; Mr. Gerber, yes; Mr. Keenan, yes; Mr. Reiner, yes; Mayor Chinnici-Zuercher, yes. The meeting was reconvened and formally adjourned at 10:20 p.m. Mayor -Presiding Officer Cler of Council