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HomeMy WebLinkAbout02/17/2009RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting February 17, 2009 Mayor Chinnici-Zuercher called the Tuesday, February 17, 2009 Regular Meeting of Dublin City Council to order at 7 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 Mr. Foegler, Ms. Grigsby, Mr. Smith, Mr. McDaniel, Chief Epperson, Mr. Langworthy, Ms. Puskarcik, Mr. Hammersmith, Ms. Crandall, Mr. Earman, Mr. Harding, Mr. Hahn, Mr. Gunderman, Ms. Gilger, Ms. Ott, Ms. Adkins, Mr. Earman, Mr. Thurman, Mr. Burns, Ms. Wilson, Ms. Uhl, and Ms. Worstall. PLEDGE OF ALLEGIANCE Mr. Reiner led the Pledge of Allegiance. Mayor Chinnici-Zuercher welcomed new City Manager, Terry Foegler. City Council looks forward to working with him again. PROCLAMATION/SPECIAL RECOGNITION • Proclamation re National Entrepreneurship Week Mayor Chinnici-Zuercher stated that TechColumbus presented Innovation Awards recently, and a number of Dublin businesses were honored. In addition, a Dublin Jerome student was recognized. Mr. McDaniel introduced Mark Mahaffey, Senior at Dublin Jerome High School. He noted that he epitomizes the spirit of entrepreneurship, as in 2005, Mark founded mtek-media. His company specializes in converting VHS tapes to DVDs and creating custom videos for special events. He was featured in the May 2008 edition of the Future CEO Stars Magazine as well as the June 2008 student newsletter at Dublin Jerome. Mark's father, Bob Mahaffey has a company named Xcelerate Media - a global company -located in Historic Dublin. Mayor Chinnici-Zuercher then presented a proclamation in recognition of National Entrepreneurship Week in Dublin from February 21-28 to Mark and Bob Mahaffey. • Proclamation re National Engineers Week Mayor Chinnici-Zuercher presented a proclamation to Mr. Hammersmith in recognition of National Engineers Week. Mr. Hammersmith thanked Council for this recognition and for the privilege of allowing the City engineers to practice their profession in Dublin. APPROVAL OF MINUTES • Regular Meeting of January 20, 2009 Mr. Reiner moved approval of the minutes of January 20, 2009. Ms. Salay seconded the motion, noting a correction to page 4, paragraph 3, where it should state, "outages begin to occur." Vote on the motion: Mayor Chinnici-Zuercher, yes; Vice Mayor Boring, yes; Mr. Reiner, yes; Mr. Lecklider, yes; Mr. Keenan, yes; Ms. Salay, yes; Mr. Gerber, yes. • Special Meeting of January 24, 2009 Mr. Gerber moved approval of the minutes of January 24, 2009. Mr. Keenan seconded the motion. Vote on the motion: Ms. Salay, yes; Mr. Reiner, yes; Mayor Chinnici-Zuercher, yes; Mr. Keenan, yes; Mr. Lecklider, yes; Mr. Gerber, yes; Vice Mayor Boring, yes. • Special Meeting of January 25, 2009 Mr. Gerber moved approval of the minutes of January 25, 2009. Mr. Keenan seconded the motion. Vote on the motion: Ms. Salay, yes; Mr. Lecklider, yes; Mr. Gerber, yes; Vice Mayor Boring, yes; Mr. Reiner, yes; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes. • Special Meeting of January 26, 2009 Mr. Gerber moved approval of the minutes of January 26, 2009. Mr. Lecklider 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. RECORD OF PROCEEDINGS Minutes of .Dublin City Council Meeting February 17, 2009 Page 2 • Regular Meeting of February 2, 2009 Mayor Chinnici-Zuercher noted that consideration of the minutes of February 2, 2009 will be delayed until March 2. CORRESPONDENCE There was no correspondence requiring Council action. CITIZEN COMMENTS Wallace Maurer, 7451 Dublin Road stated he is returning to an issue brought up previously. The statement at the end of a Council meeting broadcast on the government channel indicates the recording is not the official record of the meeting, and that the official record of the meeting is the minutes. This does not make sense, as the tape of the meeting is full and complete. It was pointed out that the City Charter and state law provide that the minutes are the official record of a public meeting. However, as he indicated previously, the minutes are selective. He asked Mr. Smith what the practice is in relation to litigation the City has been involved in, and if there are any cases that involved as part of the discovery of fact the proceedings of a particular Council meeting. If there were, did the attorneys on either side seek the minutes or the tape of a meeting or both? Mr. Smith responded that in litigation, there is a right to ask for the tape of a meeting. However, the minutes are the official acts as designated by state law. He has been involved in litigation for the City when people have listened to recordings and asked questions about the content of the recordings. The minutes are not a verbatim record of a meeting, but they are the official record. Mr. Maurer asked if the tape and the TV recording are admissible evidence. Mr. Smith responded that he did not address this. He indicated that in litigation, people have raised those issues using those items. Mr. Maurer noted that this means that the minutes are the de jure record and the tape and television broadcast are the de facto record. Mr. Smith responded that Mr. Maurer is not qualified to make a legal judgment. State law mandates that the minutes are retained as the official record. In litigation, people have the right to ask about what was in the recording and what people may have said. The judge assigned to an individual case would then determine what evidence would be admitted. LEGISLATION POSTPONED ITEM Ordinance 01-09 Accepting the Annexation of 1.25+/- Acres from Perry Township to the City of Dublin. (Petitioner: BVH Associates, 6924 Riverside Drive; Agent: Michael Close, Esq.) Mr. Gunderman stated that apre-annexation agreement was included in the packet. This is the site of the veterinary clinic, which is being remodeled and expanded. It is a regular annexation, and therefore the City will have the ability to adjust the township boundaries once the annexation is accepted. Vice Mayor Boring asked when the construction is expected to be completed. Mr. Gunderman stated that as reported a month ago, it is estimated a final occupancy permit from the state will be obtained in March. Vice Mayor Boring asked what date triggers the provisions in the pre-annexation agreement. Mr. Gunderman responded that the final occupancy permit is the trigger for this. Wallace Maurer, 7451 Dublin Road stated that the memo, page one, last line notes a date, which he believes should be February 2"d Ms. Grigsby agreed that Mr. Maurer is correct. Vote on the Ordinance: Ms. Salay, yes; Mr. Lecklider, yes; Mr. Reiner, yes; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes; Vice Mayor Boring, yes; Mr. Gerber, yes. SECOND READING/PUBLIC HEARING -ORDINANCES Ordinance 04-09 Amending Chapter 31 (City Officials) of the Dublin Codified Ordinances, by Amending and Enacting New Sections, to Revise Contribution Limits, Revise the RECORD OF PROCEEDINGS Minutes of Dublin City Council Meet~na -~ Page 3 February 17, 2009 Types of Entities Subject to the Contribution Limits, Create an Exemption for Volunteer Time and Expenses for Campaigns, Amend the Definitions for Campaign Finance Provisions, Strengthen Candidate, Political Action Committee and Other Political Organization Disclosure Requirements, Require Registration by Individuals and Entities Making Political Contributions and Expenditures, and to Create Enforcement Mechanisms. Mr. Smith reported that Ms. Readier worked closely with the Committee on this ordinance. The revisions capture's Council's requests in terms of reporting, political action committees, and contributions. If approved, the legislation will be in effect prior to the elections in 2009. Mr. Reiner asked why the contribution limit is being increased. Is this based on what other municipalities have in place? Mr. Smith responded that the Committee had information from other cities about their limits. Further, the limits have been increased forjudicial races, based on inflation. Dublin's limitations have been in place for many years. State and federal governments have also increased contribution limits for individual campaigns. It reflects increasing costs for campaign expenses. Mayor Chinnici-Zuercher commented that she will vote against the legislation. She does believe that the increase in contributions is warranted, due to the expenses of running a campaign today versus 10 years ago when the legislation was implemented. She believes Council candidates are already required to provide extensive and sufficient campaign reports at the county level. The additional work associated with the report review by City staff, as well as expense of outside counsel if there are issues with a filing are factors in her decision. She does not understand why Council cannot trust the people running for office to do what is already required by law. She also believes it is very discouraging for the average citizen to consider running for political office in view of these levels of requirements. She had a volunteer campaign treasurer who volunteers his time, and to ask someone to volunteer for this exceptional amount of paper work is very difficult. For these reasons, she will vote against the legislation. Vice Mayor Boring stated that she, too, will not support this legislation. The extent of details required in reporting for local elections is excessive. She does support the increase in campaign contribution limits, and she supports the reporting timeframes, which allow for publication in the local newspapers. In addition, the new requirements will be difficult to enforce and questions remain about what will be done with the information, if the case of violations. It is far too much to require on a local level. Mr. Keenan asked for clarification. Does she believe that what the City requires in reporting is superfluous to what is required by the county? Mayor Chinnici-Zuercher noted that the reporting is already adequate. Reporting above and beyond this is not reasonable. Mr. Keenan noted that he has stated this for many years. Mayor Chinnici-Zuercher added that this legislation goes further than what is already required. It also puts staff in the position of auditing campaign finance forms. If necessary, the City will then have to engage a special counsel, resulting in a cost that the City taxpayers will bear. All of this is being done for a contribution of $150 or $200. These are community-based positions, and she believes Council would want to encourage citizens to actively participate in political campaigns. This legislation will discourage the average citizen from considering a run for office. Mr. Keenan suggested that Council send the legislation back to Committee for further work. He is surprised that the Committee Chair is speaking against the ordinance. Vice Mayor Boring clarified that she viewed her role as Committee Chair to facilitate the review by the Committee. She expressed concerns at the Committee meeting. Her intent was to bring the recommendations of the Committee forward to the entire Council. Mr. Lecklider pointed out that the Committee voted unanimously to recommend these amendments to Council. He does respect her right to change her mind. RECORD OF PROCEEDINGS Minutes of Dublin City Council. Meeting February 17, 2009 Page 4 Vice Mayor Boring commented that she was surprised that there was no discussion regarding the legislation at the last meeting. Her intention at this point is to explain to Council why she will not support the legislation. Mr. Lecklider asked for clarification regarding any increased responsibilities for the candidates which did not exist previously. Ms. Salay responded that there are none. In fact, the forms were aligned to be identical with those of the county. This makes the process much easier. Mr. Lecklider noted that any additional obligations imposed are not on any individual candidates. From his perspective, the intent was to "level the playing field." The Committee endeavored to write the amendments in such a way that incumbents were not favored. He is very surprised with the statements made tonight, and wished there had been more input given prior to this evening. Ms. Salay commented that the input would have been appropriate to provide at the Committee level. The change in the reporting forms to make them consistent with the county is good. There is an enforcement mechanism added to the legislation to provide for investigation of those in violation. Mr. Lecklider added that there were inherent conflicts with the investigation process, which involved asking a staff member to investigate a future Council Member and potential supervisor. Inserting an independent body into the process was done to remove any potential conflict of interest. Vice Mayor Boring noted that her concerns relate to the reporting requirements related to dates of invoices, dates of checks, when checks were received, etc. Ms. Salay responded that it simply requires that once a check is in the hands of the candidate, it must be reported versus having a fundraiser and holding checks for a period of time prior to reporting. Mr. Gerber asked how these dates coincide with the Board of Election dates. Ms. Salay responded that they are earlier, and the reporting is local within the local newspapers. Mr. Keenan noted that there is an additional reporting date in Dublin's legislation versus the county's, although this is not a change. Mr. Gerber stated that the reports are filed with the county Board of Elections, and so the information is available from the county. Ms. Salay responded that the goal is to make it easier for citizens to know who is supporting a Dublin Council candidate and to keep local elections local. Mr. Lecklider stated that the dates of reporting and number of reports is not changed in this document. Ms. Salay stated the law has been in place for 12 years. Mr. Gerber asked why Dublin cannot use the same reporting dates required by the county Board of Elections. Ms. Salay stated that the information comes too late to report in the local newspapers. Mr. Reiner commented that much of the campaign reporting occurs after the fact, and this has long been the case. Mr. Keenan responded that the reporting is available online at the Board of Elections immediately. Mr. Reiner noted that there have been special interest groups funding a particular candidate who is running against an incumbent, and by the time anyone knows who is funding the candidates, the election is over. He believes these changes are worthwhile. Mr. Keenan stated that he does not believe this legislation will prevent that from occurring. Mayor Chinnici-Zuercher stated that in terms of special interests, the only group defined as such a group is a Political Action group. She is not sure what influence a $100 contribution from a PAC will ensure. Mr. Gerber asked what will occur if a PAC contributes to a candidate, but the PAC fails to register with the City. Mr. Lecklider stated that the violation would be the PAC's -not the candidate's. A candidate is not penalized. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting February 17, 2009 Page 5 Mr. Reiner stated that there have been well-funded campaigns from sources outside of Dublin who want to influence Dublin's elections. Anything done to prevent this is worthwhile. He is not pleased with the fact that the contribution limits are being raised, but he recognizes the increase in costs of signs and materials for a campaign. Vice Mayor Boring clarified that in terms of reporting check contributions, people sometimes date checks prior to the time they actually attend a fundraiser and not the day of an event. This could make the candidate subject to a violation. The detailed requirements about all of these dates could lead candidates or their supporters to engage in ugly campaign tactics. Mr. Keenan stated he does not recall problems with this item over the years. In fact, this entire topic has been in Committee for several years without any action being taken. Perhaps it should be revisited by the Committee in view of tonight's discussion. Otherwise, the vote should be called. Mr. Gerber agreed that it may be worthwhile to have the Committee continue working on this matter. Mr. Lecklider suggested that if this review is to occur, the format should then be an Administrative Committee of the Whole. Mayor Chinnici-Zuercher moved to refer the ordinance to the Administrative Committee of the Whole for additional dialogue. Ms. Salay suggested that the citizens who have an interest in this item attend the meeting, as it was the result of a citizen initiative in 1999. The citizens felt it was important to have local reporting and the opportunity for citizens to know who was funding local elections. The amendments were intended to make the process easier and more transparent, closing some loopholes in the system. Mr. Keenan 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, no; Mayor Chinnici-Zuercher, yes. Mayor Chinnici-Zuercher suggested that Mr. Maurer, who had signed in to testify on this item, attend the Committee of the Whole meeting in regard to this matter. Vice Mayor Boring pointed out that there is existing campaign finance legislation in place in Dublin at this time, and that has not been overturned. Ordinance 05-09 Authorizing the Purchase of a 13.895 Acre Property Located on the South Side of Post Road for the Expansion of Coffman Park. Ms. Grigsby stated that this is the final property to be acquired that is identified as part of the future expansion of Coffman Park. The funding has been reserved over the past few years in the Parkland Acquisition Fund, and staff is recommending approval at this time. Mr. Keenan asked what the CAUV tax would be, if assessed. Ms. Grigsby responded that she does not have that information. Mr. Keenan stated that if the CAUV tax application is not approved for any reason, he wants to know what the tax obligation will be. Mr. Gerber noted that a recent Dispatch article indicated that New Albany is negotiating with M/I Homes on the purchase of parkland for the price of $100,000 per acre. New Albany is seeking funding assistance from other entities in the purchase of this land, given the budget constraints they face. The article also noted that the Metro Park is spending an average of $14,500 per acre for parkland. The City's purchase of this parkland is at a price of $270,000 per acre. Although there was an appraisal in 2007, he has heard that has been updated and that the final price is five percent over that. He assumes this appraisal is based upon Class A commercial property use, and not parkland. As that RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting February 17, 2009 Page 6 entire area has been reconfigured, and the connector road closed so that it can become parkland, he believes that the price of $270,000 plus per acre is excessive, particularly in this economic environment. Ms. Grigsby stated that the cost per acre of land in Dublin is higher than in other communities around the area. For this reason, Dublin partnered with Metro Parks in their purchase of land for Glacier Ridge Metro Park. When this Post Road land was appraised, an updated appraisal was done based on some right-of-way needs in that area. Based on that appraisal, the value was $250,000 per acre, but it involved taking only small portions of the property. The City does have an appraisal more recent than the one done in 2007, and the purchase price is approximately nine percent above that appraisal. She agreed that the land in this area of Dublin is expensive, as it is has visibility from US 33 and the 1- 270 exits. Vice Mayor Boring recalled that some years ago, this was the site of a potential full service hotel. Perhaps the City's plans for the property impacted the price of the land. Ms. Grigsby responded that the 1997 Plan identified what has been referred to as the bowtie piece, area between Emerald Parkway and I-270 ramps, as hotel and other commercial development use. Based on the location of the subject property and its visibility, the appraisal is higher. Mr. Reiner asked if this price is in keeping with other real estate appraisals of similar property abutting I-270 with this view. Based on the current economic times, has there been a downturn in appraisals in the past six months? Ms. Grigsby responded that there have been some reductions in appraisals that have been completed. The appraisal completed for the right-of-way toward the end of 2008 was approximately $250,000 per acre, which is less than the $260,000 per acre appraisal for this property in 2007. But again, that was for a portion of the property needed for right- of-way -not the overall property. Mr. Smith commented that a current problem with appraisals is that a lack of property sales in recent times results in fewer comparables. The market may be lower, but there are no comparables available. Mr. Keenan noted that comparables are also driven by market time, and appraisers make an adjustment for that. If a market time exceeds a certain time period, a markdown results. Mr. Smith stated that the appraisers have indicated that due to the market conditions, people are not listing properties either. Mr. Keenan stated that it is too far down the road at this point, but he sees a tremendous opportunity cost along Perimeter. In looking at the land use, how will park use be accommodated along afive-lane roadway? He acknowledged that this discussion took place long ago, and Post Road was closed off as a result. Mr. Lecklider pointed out that Glacier Ridge Metro Park in some areas is near, if not adjacent to Route 33. Mr. Keenan stated that the land mass is not similar at Glacier Ridge. That land does not abut an industrial and office area. Mr. Gerber pointed out that the Glacier Ridge land is heavily wooded. Vote on the Ordinance: Mr. Keenan, yes; Mr. Reiner, yes; Ms. Salay, yes; Mr. Gerber, no; Vice Mayor Boring, yes; Mr. Lecklider, yes; Mayor Chinnici-Zuercher, yes. INTRODUCTION/FIRST READING -ORDINANCES Ordinance 06-09 Repealing Ordinance No. 92-02 Regarding an Ohio Public Employees Retirement System (OPERS) Pension "Pick Up" Plan for the Position of City Manager. Mr. Keenan introduced the ordinance. Ms. Grigsby stated that a staff report indicates the intent of this legislation, which is to repeal the previous legislation based on the City Manager's contract. Staff is recommending it be held over for second reading/public hearing on March 2. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting February 17, 2009 Page 7 Mr. Lecklider asked why the ordinance makes reference to the U.S. Code versus the Ohio Revised Code (ORC). Ms. Grigsby responded that it relates to IRS regulations in regard to pension pick-ups and how it must be reported for IRS purposes. Mr. Lecklider asked if the ORC as it pertains to Ohio Public Employees Retirement System (OPERS) references pension pick-up. Mr. Smith responded that actually references the IRS Code. Ms. Grigsby stated that the filing requirements with OPERS are based upon ensuring they are complying with IRS guidelines and requirements. Mr. Gerber noted in the summary that it mentions OPERS officials sent a notice to the City, but it was not in his packet. Mr. Harding responded that it was an e-mail transmitted to City staff. It was not included in the packet, but is available. There will be a second reading/public hearing at the March 2 Council meeting. Ordinance 07-09 Authorizing the Execution of an Economic Development Agreement between the City of Dublin and Ohio Proton Therapy, LLC. to Induce Ohio Proton Therapy, LLC to Facilitate the Development of a Proton Cancer Treatment Facility and Other Related Support Facilities in the City of Dublin. Ms. Salay introduced the ordinance. Ms. Grigsby state that this legislation and the attached economic development agreement have been drafted based upon discussions first initiated in mid-2007, and with more specific discussions over the past five to six months. The legislation is scheduled for first reading tonight, and second reading/public hearing on March 16. The City team working on the project include Finance, Engineering, Economic Development, and Legal staff. Mr. McDaniel will present the staff report, and representatives from the developer are present - Dan Slane; Bill Westbrook, Project Manager; and Aaron Underhill, Smith & Hale. Mr. McDaniel reviewed the key points: Background • The City has been working with Ohio Proton Therapy LLC in negotiation of this economic development agreement (EDA). • Proton therapy is an FDA approved form of concise radiation treatment, which allows the dose to be controlled to the exact shape, depth and release of energy needed within the body to treat tumors and other diseases. The treatment minimizes the effect of radiation on surrounding tissue. The ability to target treatment of tumors precisely in three dimensions makes proton therapy a superior form of radiation treatment. Proton therapy is used to treat tumors near critical structures such as the brain, heart, optic nerve or spinal cord - in areas that cannot tolerate much radiation or for tumors considered inoperable. It is particularly effective for cancers of the prostate, lung and brain. • Over 600,000 people in the US are diagnosed each year with tumors that can be treated by radiation; of this number, over 150,000 annually could benefit from proton therapy treatment. It is estimated that within a 400-mile radius, 35,000 people annually could be treated by proton therapy. One such facility is estimated to treat from 1,500 to 3,000 patients per year. There are five centers existing in the US at this time; three under construction; and one being considered elsewhere. Economic Development Agreement Five key components to the EDA are land, construction of public improvements, income tax incentive payments, fiber use agreement, and considerations given to the existing water tower property. • In 2005, Council authorized the acquisition of two parcels south of SR 161/Post Road and west of US 33/SR 161. (He displayed this on a slide.) One 16.87 acre parcel was purchased from Dublin Building Systems, and the other 74.5 acre parcel from Duke. These parcels consist of 91.37 acres, and were acquired for a total of $7.2 million. The parcels were acquired for the purpose of preserving RECORD OF PROCEEDINGS Minutes of Dublin City Council Meetintr February 17, 2009 Page 8 economic development opportunities in the area of the interchange, and the larger Central Ohio Innovation Center (COIC) planning area. He then shared exhibits from the EDA, indicating how the agreement provides for the Ohio Proton Therapy site itself of approximately 29.8 acres, and the Proton Therapy "campus" of 61.8 acres. As part of the incentive package to Ohio Proton Therapy (OPT) LLC, the EDA proposes to transfer the deed to the 29.8 acre parcel to OPT for the construction of the proton therapy facility. This would provide fora 100,000 square foot facility with a total value of approximately $180 million. The EDA also proposes to transfer the deed to the additional 61.8 acre parcel to OPT LLC for the purpose of developing a proton therapy campus, consisting of related medical supporting and other development opportunities. The land will be conveyed to OPT LLC based upon certain provisions and restrictions. The City will place these property deeds in escrow, and at the same time, OPT LLC will execute reconveyance deeds and place them in escrow. Both of these will be held by the same escrow agent. OPT LLC must complete the following by December 31, 2009, or the property deeds will return to the City: (1) Close on a loan in amount sufficient to (a) complete construction of the proton therapy facility; (b) fund the purchase of the actual proton therapy machinery; and (c) fund working capital, all to the satisfaction of the City of Dublin at its reasonable discretion. (2) OPT LLC must also enter into a definitive technology purchase agreement with Optivus Proton Therapy for the Conforma 3000, and make an initial payment of $12.8 million. (3) It must finalize the operations agreement for the proton therapy facility with American Cancer Treatment Systems, Inc. He noted that it is critical to the ability of the OPT LLC to have a site with the appropriate infrastructure, community facilities, amenities and zoning in order to secure financing. If these requirements are met, the escrow agent will release the property deeds to OPT LLC. The reconveyance deeds, however, will remain in escrow. If the requirements are not met by December 31, 2009, the EDA itself will terminate, unless otherwise extended by the City. By December 31, 2010, OPT must obtain a foundation permit, and commence construction of the proton therapy facility. If not, the escrow agent will deliver the reconveyance deeds to the City, returning the property to the City, and also terminating the EDA. Ohio Proton Therapy LLC is required to complete the construction and commence operations not later than December 31, 2017. He pointed out that the construction process is typically 36-42 months. If not completed by that date, any portion of the 61.8 acres not developed shall revert to the City. The City also reserves the right to refer potential development to Ohio Proton Therapy LLC for the 61.8 acre site. If negotiations between OPT LLC and a proposed development are not successful, the City may repurchase the land for $1, plus the proportionate share of infrastructure and other development costs incurred by OPT LLC for the purpose of conveying the land to the proposed development. The intent of this provision is to ensure the site does not sit dormant, even though it would be in OPT's best interests to develop it in a timely fashion. He shared a map of anticipated public improvements in the area, as outlined on Exhibit B of the EDA. It reflects the interchange improvements and the relocation of Industrial Parkway. The immediate infrastructure related to construction of the proton therapy facility is Phase 1 of the relocation of Eiterman Road, and the later phase shown on the exhibit. The interchange and associated improvements have been programmed in the City's CIP since 2006. The EDA states that the City will make its best efforts to complete the improvements by the time of occupancy of the proton therapy facility. The EDA provides that the City and the OPT LLC agree that a tax increment financing (TIF) district will be established, and that OPT LLC and any future property owners agree to pay service payments, based on the private improvements made. Current estimates are that the proton therapy facility itself will generate approximately $315,000 per year from the TIF. This and additional funding from other private development will be used to make payments on annual debt obligations related to the public improvements to be made. RECORD OF PROCEEDINGS Minutes ~f Dublin_ City Council Meeting February 17, 2009 Page 9 It is estimated that the proton therapy facility will generate approximately 100 new high tech jobs within an annual payroll of approximately $20 million. The EDA provides for an income tax performance incentive. This incentive is based entirely on the local income tax revenues, withholdings, and net profits generated by the proton therapy facility. The incentive payment will be 50 percent of the income tax revenues, up to a cap of $250,000 per year. The maximum amount to be paid to OPT LLC over time will be $2.5 million, and that amount is capped as well. The City will extend the use of two optical fibers for use by the facility. This fiber could be used to connect the facility into the Central Ohio Research Network (CORN), thereby connecting it to the Ohio Super Computer Center. OPT LLC may request a transfer of the water tower property. The City will retain an easement for the site for the continued operation of the water tower until such time as it is vacated. He summarized that this EDA is supportive of Council's goals to pursue and support high tech, knowledge-based jobs, and to secure an anchor-type development for the Central Ohio Innovation Center_ Staff believes this is a unique opportunity for Dublin, as well as the region and State of Ohio. Staff does recognize the current economic conditions, and the potential difficulties OPT LLC could encounter in securing financing. If OPT LLC is not successful in this effort, staff believes it has negotiated an EDA which limits the City's risk to the best of its ability. Staff recommends passage of the ordinance on March 2. Mr. Slane is present to respond to questions, as well as the City team members who have worked on the project. Mr. Smith emphasized that no title to City land passes until OPT LLC obtains its financing. Deeds are held by an escrow agent, and therefore no one can place a lien on the property. The agreement does not allow for any lien to be placed on the property, unless it is approved by the City. All of the requirements will be in the chain of title. These documents will be recorded at the courthouse for any lender going forward. Ms. Grigsby noted that when discussions first took place in mid-2007, the City considered what should be in hand prior to presentation of an EDA to City Council. In addition to limiting the City's risk on the land transfer, there were items related to the developer's side -- the equipment operator and who will operate the facility. The operator of the facility has in previous discussions been an issue not resolved. Recognizing that agreements have been entered into, commitments made between the developer and the corporations, and the restrictions/requirements about how and when the land transfers, staff believes this is the appropriate point at which to bring it before Council. Again, staff is aware of the challenges in obtaining financing in these economic times. A key component in obtaining financing is having a site that presents well in terms of infrastructure to serve it, and a community with amenities to support this type of development. Dan Slane, Ohio Proton Therapy LLC stated that they are excited about this opportunity. They have been working on this for a couple of years. Previously, they encountered roadblocks with Siemens, who ultimately pulled out of the market. They then connected with Optivus and Loma Linda University in California. The final obstacle is to finance the project in the next 10 months. Mr. Reiner asked for information regarding the American Cancer Treatment Systems (ACTS). Mr. Slane responded that they are awholly-owned subsidiary of Optivus, the company who manufactures the equipment. Mr. Reiner asked if the people who operate this are from Loma Linda. Mr. Slane responded that they have entered into an agreement with ACTS to manage the facility on a turn key basis, and to operate the facility and treat the patients. ACTS has entered into an agreement with a group of radiation oncologists from Norfolk, Virginia who are operating a facility at the University of Hampton and who will operate this facility in Dublin. Mr. Reiner asked if they have past experience in doing this. Mr. Slane responded affirmatively, adding that it was critical in order to obtain their financing. The intention of the radiation oncologists from Norfolk is to train local radiation oncologists and to supervise them. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting February 17, 2009 Page 10 Mr. Reiner asked if Council approves the EDA, will Mr. Slane then agree to provide monthly updates to Council on the progress of this project? Mr. Slane responded affirmatively. Mr. McDaniel clarified that Optivus designed, built and operate the proton therapy facility at Loma Linda. Mr. Slane added that Loma Linda owns the equipment and operates it. Optivus maintains the equipment and has upgraded the equipment -they are now in the fifth generation of upgrades, and have spent $100 million. For this project to be successful, the equipment must allow the throughput of patients. The ability for as many patients as possible to be treated in the allotted time is critical for the funding. This equipment provides that opportunity to them. Mr. Reiner stated that, based upon the presentation, it appears there is a greater demand for this treatment than facilities available. Is it possible there will be two or three such facilities in the area? Mr. Slane responded that there is a demand today for 90 of these facilities across the country. The waiting time at Loma Linda to consult with a physician is six months. Five existing facilities are booked to the maximum. University of Florida opened their facility in January of 2007. By the end of the year, they were completely booked and made a profit. They asked Loma Linda for the zip codes of their patients. Loma Linda Proton Therapy opened in 1990, and through 2007, the information indicated the patients came from every state in the nation, including Dublin. There is enormous demand for this cutting edge treatment. There are four under construction at this time, and Dublin's would be the 10'n such facility in the U.S. Mr. Reiner asked about operating capital, and Mr. Slane's estimate for the needs to fund it. Mr. Slane responded that the estimates for construction of the facility are declining, with the building cost estimated at $60 million. The equipment costs $80 million. The operating budget is approximately $20 million. The construction will require 14 months, and they are hopeful of having the equipment in place and being operational in three years. There is a period of time where staff will need to be hired - a year in advance of opening -and so there is a need for operating capital prior to the actual opening. Mr. Reiner asked if patients with brain cancer are dying because of a lack of access to this type of treatment. Mr. Slane responded affirmatively. If a patient has a tumor on a vital organ and the tumor cannot be surgically removed nor treated with normal photon radiation, this technology is life saving and has minimal side effects on healthy tissue. Mr. Keenan asked staff about the non school tax increment financing agreement. Is this entity considered a not for profit, or does it have potential of being a not for profit for purposes of real estate taxes? Mr. Grigsby responded that as a financing option, Mr. Slane is considering the 501 C3 option. Therefore, language has been added to the agreement in case this option is selected in terms of the exemption application such an entity could apply for. Mr. Keenan summarized that the Schools would then be made whole. Ms. Grigsby responded that if the exemption application were not filed, and if it were a non-school TIF, the District would still receive the service payments they typically receive, and the City would receive the remainder. Mr. Keenan asked for clarification about the water tower. Will the water tower need to be moved, and what effect will that have on the pressures? Mr. Hammersmith responded that this tower is in the same pressure district as the one to be constructed in Darree Fields. A two million gallon tank will be constructed in Darree Fields. This one will not be needed in the future. Mr. Keenan asked if this will help support expansion to the west. Mr. Hammersmith responded that the pressure deficiency is in Ballantrae and southwest Dublin, and it prompted the need for a booster in the area. Mr. Keenan asked if there is salvage value for the tank. Mr. Hammersmith responded that there is some value, but it may be offset with the expense of moving the tank. RECORD OF PROCEEDINGS Minutes of Dublin City Council February 17, 2009 Page 11 Mr. Keenan noted that pages 4-5 note that incentive payments to OPT will be 50 percent of the income tax revenues up to a cap of $250,000 per year, with a maximum payment of $2.5 million. However, there is no timeframe established. Ms. Grigsby responded that is correct. There is no cap on the timeframe, but only on the dollar amount. Based on the estimated payroll, at $20 million, and two percent withholding tax, it would be $400,000 per year. This would result in $200,000 per year. If it is a for profit entity and there are net profits, so the $250,000 cap is likely to be achieved each year. Mr. Gerber noted that a certain amount of money is to be raised by December 31st of this year -working capital, etc. Who will determine it is a sufficient amount? Ms. Grigsby responded that in the financing process, this will be evaluated by the City as well as the investors to ensure that the funds are sufficient to allow the facility to move forward. The City will be reviewing this, Mr. Slane's associates, and the investment community buying the debt. Mr. Gerber asked if a down payment is required. Typically, in a contract such as this, a down payment would show good faith and would demonstrate to investors that there is a significant stake. Mr. Smith responded that this was discussed in negotiations in relation to the land being transferred to OPT. With the deeds to the land now being held in escrow until financing is secured by OPT, and given the fact that in excess of $1.5 million has already been spent in architectural fees, attorneys and engineering fees, the City is satisfied that there is adequate investment. Mr. Gerber noted that he was under the impression that operating agreements had already been executed, but tonight's presentation indicates they have not. Mr. Slane confirmed that the operating agreements have been executed. Mr. Gerber asked why they are not referenced in the EDA. Ms. Grigsby responded that part of the initial escrow release conditions do provide that there must be an agreement executed for the equipment as well as the operator of the facility. Those conditions must be met before the title to the land will be transferred from the City to OPT. Mr. Smith added that he has the preliminary executed agreements with Kokosing, Optivus and ACTS. They can be attached to the agreements. There will be other documents executed with these parties in the future. Mr. Gerber noted that, effectively, the City is tying up this land at this point. Mr. Smith stated that he will provide those additional exhibits for the next meeting. Mr. Gerber asked how the City envisions the allied facilities taking place on this site. What kind of facilities will these include? Mr. Slane responded that they were told by Siemens to try to secure 100 acres for this project. There are a number of entities who will want to locate around this, including research and development laboratories, imaging centers, doctors' offices and a hotel or extended stay facility for those coming from elsewhere in the U.S. and in need of housing for 4-6 weeks during treatment. Therefore, there is enormous development opportunity around this facility. Mr. McDaniel commented that in this agreement, the City wanted to ensure that the land in the vicinity of the facility did not lie dormant. Therefore, the City did reserve the right to bring development proposals forward to OPT that will fit with this project. Mr. Gerber stated that staff is obviously aware that OSU and Battelle are studying this very issue today. If Dublin partners with an outside operator on this venture, what impact, if any, will this have on the City's relationship with OSU and Ohio Health? Will they refer patients to this facility, or is this an important consideration? Ms. Grigsby responded that this is an important consideration for the City as well. The City has had discussions with members of the consortium, indicating the City is interested in working with the consortium as well as any developer who can bring this type of facility to Dublin. For Ohio Health, with a hospital in Dublin, they will have the opportunity to benefit from services they can provide to this facility. The City has long enjoyed a good relationship with Battelle and doesn't foresee that changing. There is potential that more than one facility will be located in the area, and the consortium is evaluating the next generation treatment of heavy ion -which is not currently FDA approved. RECORD OF PROCEEDINGS Minutes of Qublin City Council. Meeting February 17, 2009 Page 12 Mr. Slane testified that two weeks ago, OPT sent a letter to the consortium, offering them an opportunity to affiliate at no cost, to put their name on the building, and to do free research at the facility. This facility will generate between $5-6 million per year of ancillary revenue from blood work, x-rays, etc. This revenue can be directed to any hospital so designated by the consortium. There would also be the opportunity for educational programs to train and certify radiation technicians. The facility would be offered to them for onsite work. There is a shortage of labor in this huge field. This offer has been made in writing, and Mr. Smith has a copy of this. Mr. Gerber commented that Dublin retains consultants for many projects. Has a consultant been retained for this venture -someone familiar with proton therapy and with the feasibility of the continuation of this type of therapy? Technology changes rapidly, and if this is obsolete in a few years, what will happen? He is supportive of savings lives and enhancing services, but in view of this huge commitment, would it be advisable to retain such a consultant? Mr. McDaniel responded that previously, when the agreement with OSU was being considered and monies were being sought from the State of Ohio, the state hired affirm - Taratec - to analyze proton therapy, but focused on heavy ion. This is a public document and he can provide this to Council. Mr. Slane added that the study was actually done for them. Ms. Grigsby pointed out that Optivus, the equipment company has worked with the Loma Linda facility since 1990 and as stated, is in the fifth generation of this technology. In addition, there is potential to expand the facility as new treatment options become available. Mr. Gerber asked Mr. Foegler to comment, recognizing this is his first day as City Manager. Mr. Foegler noted that he is spending a lot of time understanding the background on this. He has had some involvement with this issue previously in a variety of capacities. Mr. Gerber responded that he is interested in his input, and would like to hear comments from him at some point in this process. Mr. Foegler's previous experience with Dublin and his relationship with OSU and others provide another perspective for Council. Mr. Keenan asked for more information about the research and development component. Mr. Slane responded that they would pattern their operation around that of Loma Linda, which is very successful. They run the facility as a business, with the first patient at 5 a.m. and the last at 11 p.m. They would open the facility for research on Sunday, Saturday afternoons, and during any downtime for maintenance. NASA is located at Loma Linda and does research in that location, as do three academic medical centers. Vice Mayor Boring commented that the City has been working with various parties on this project over a long time, and a tremendous amount of work has been accomplished. An e-mail was sent today to Council about a Dublin resident who is very excited about this facility coming to Dublin. The due diligence has been addressed, and the project is very exciting. She wishes OPT well in this endeavor. Mayor Chinnici-Zuercher asked about other locations of facilities across the country. Are they affiliated with universities as well? Mr. Slane responded that Loma Linda is a hospital. The other four facilities are all connected with universities. Mayor Chinnici-Zuercher noted that in Dublin, there will not be a local hospital connected with this project. Mr. Slane responded that is correct. There is not the need for a hospital or academic medical center. In all five centers, 85 percent of the patients are self referred from outside their trade area. The facility would take few, if any, patients from the local consortium, should they choose not to associate with OPT. The anticipation is that 85 percent of the patients coming to Dublin will be from outside the trade area, from all over the world. Mayor Chinnici-Zuercher stated that much has changed in the field during the time since the City first began working on this endeavor. The actual treatment facility itself may be quite different by the time the facility actually opens. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting February 17, 2009 Page 13 Held 20 Mr. Slane responded that in medicine, it takes a very long time for treatments to become accepted. Siemens is working on carbon ion technology, which is much more powerful. It is estimated it will take ten years to have it completed, including studies, FDA approval, and integrating this new technology into the field. The life expectancy of proton therapy is a minimum of 20 years. Mr. Reiner asked if the facility can be upgraded to carbon technology. Mr. Slane responded affirmatively. They really are in need of ten acres for the proton facility and have asked the City to set aside 20 acres. Siemens is re-engineering their system and wants to introduce this in another five years. So OPT wants the ability to expand. Adequate land is needed for this reason. Their plan would be to have four treatment rooms and one research room using hydrogen. As the new ion technology comes on, they want to add other treatment rooms adjacent to the facility. Mr_ Reiner asked what the structural requirements would be for such an expansion. Mr. Slane responded that the plan would be to mirror with the new structure versus adding on to the existing one. Mayor Chinnici-Zuercher pointed out that it is important to continue to aggressively market the remaining 60 acres to ensure a return on the investment as soon as possible. Mr. Lecklider asked for clarification of the terms -that OPT, in addition to securing financing, must make an initial payment of $12.8 million on a piece of equipment by the end of 2009 as well. That is a substantial investment. He asked Mr. Slane to comment with respect to a similar effort in EI Paso in which he is involved. To what extent will that project compete for his resources? Mr. Slane responded EI Paso is a very small community, but housing prices there are increasing -- unlike any other city in the U_S. EI Paso is very anxious to have this facility. His hope is that they can time these two facilities simultaneously, as there are enormous savings in construction by placing two orders. Dublin's process is ahead of EI Paso's at this time. He is in discussion with three financing firms and is cautiously optimistic of having this done fairly quickly. The EI Paso experience offers enormous savings on equipment, which will help with the financing. Ms. Salay asked if the heavy ion therapy comes to market, will this therapy become obsolete? Mr. Slane responded it would not. The heavy iron treatment is difficult to use with children, as it can create secondary cancers in late adolescence. Proton technology does not do that, and is therefore ideally suited for children. Heavy ions are more suited for deep brain tumors or lung tumors. It is years away from approval by the FDA. Both OSU and he started out with Siemens, and they both underestimated the complexity of the FDA approval for this new technology. There are enormous control and software issues that the FDA is focused on. It was impossible to secure financing for heavy ion therapy. He does not foresee the approval occurring for five to ten years. Over time, proton therapy will be less expensive and more available -but that will require 5-10 years. Ms. Salay stated that there has been much discussion about financing and profits, but on a personal note, the concept that Dublin could lead the region in providing this treatment is wonderful. Her family has been impacted by cancer as have many others. She thanked staff for all of their work on this project, and thanked Mr. Slane for being present tonight. Mayor Chinnici-Zuercher invited public testimony. Marty Sinkhorn, 8601 Birgham Court South testified that she and her husband have been Dublin residents for 25 years. She recently retired from 35 years of teaching at Dublin Schools. She noted that in 2007, her husband was diagnosed with melanoma on his retina. They were referred by their Dublin physician to an oncologist at the James. They were told that there was no treatment that OSU could offer to effectively treat this, and that it would spread and when that occurs, there would be no treatment. She then began researching the Internet and identified Mass General in Boston as a location for further treatment. She described the treatment at the proton center, which took place over five days. They stayed at a hotel in Boston during this treatment. They now return every six months for acheck-up, and have oncology workups done at OSU. The cancer has not RECORD OF PROCEEDINGS Minutes_of Dublin City Council February 17, 2009 Page 14 Heid 20 spread. They were told at the proton therapy center that the treatment is so strong that it changes the DNA of the tumor so it cannot reproduce. It does not impact surrounding tissue, as does conventional radiation treatment. Her husband's tumor was within 5 mm of his optical nerve. At this point, he has 99 percent of his eyesight in that eye. The sobering part of the experience was the crowded waiting room at the Center, filled with children with inoperable brain tumors. She summarized that they found hope in the faces of those in these tragic situations who seek proton therapy treatment. Dublin has the opportunity to give people hope. What better way to spend tax money than to do this! Dublin has the opportunity to be put on the world map with the facility in this area. The treatment has been featured on several morning news programs. Mass General has special rooms dedicated for VIPs from all over the world who come for these treatments. She encourages Council to open their hearts and support this. She thanked Mr. Slane for his role in bringing this to Dublin. Mayor Chinnici-Zuercher stated that Council is very happy to hear their positive story, and thanked her for sharing it with Council. Mayor Chinnici-Zuercher commented that she, too, is hopeful of hearing input from Mr. Foegler prior to the final consideration. Mr. Keenan thanked staff for the very thorough presentation and Mr. Slane's responses to the various issues raised. The personal story offered by Mrs. Sinkhorn was very compelling. He is looking forward to hearing from citizens who view the Council meeting on the cable channel or website. Mr. Gerber noted that staff has done an excellent job in drafting this complicated agreement. Mayor Chinnici-Zuercher thanked Mr. Slane, noting that Council looks forward to working with him. There will be a second reading/public hearing at the March 2 Council meeting. INTRODUCTION/PUBLIC HEARING -RESOLUTIONS Resolution 05-09 Authorizing the City Manager or His Designee to Apply for and Accept a Grant from the Ohio Department of Development for a Diesel Emissions Reduction Grant (DERG). Mr. Lecklider introduced the resolution. Mr. Burns stated that the federal government has made grant funds available through the Ohio Department of Development. The program provides up to an 85 percent reimbursement for the cost of replacing older model diesel equipment and trucks. The City's grant application includes the replacement of 13 trucks and one street sweeper, and for retrofitting one additional vehicle to reduce emissions. In terms of budget, the City will be accelerating the replacement of three vehicles scheduled for replacement in 2012. He explained that staff expects the grants to be awarded in May of 2009, and the grant, if awarded, would have to be spent in two years - by May of 2011. The City is partnering with the City of Westerville on its grant application to accumulate additional points in the evaluation process. If the City is successful in securing the grant, the savings would be approximately $1,047,000 over the life of the current five-year CIP budget. In addition, the City would reduce its carbon footprint in an accelerated fashion. Staff is recommending approval of the resolution. Mayor Chinnici-Zuercher asked when the decision is made on the grants. Mr. Burns responded that the application is due on March 2, and the awards are expected in May. Ms. Salay asked if there is any downside to this action. Mr. Burns responded that there is not - it will result in saving both money and reduce emissions. Mr. Lecklider asked if there is potential of receiving less than 80 percent reimbursement. Mr. Burns responded there is not. The grant is based on an 80/20 share. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting February 17, 2009 Page 15 Mr. Keenan asked for clarification. Is the City replacing these units and selling them, or is this just an upgrade to the diesel engine? Mr. Burns responded that 14 vehicles will be replaced, and one retrofitted. Part of the grant requirement is that the engine blocks be destroyed. Wallace Maurer, 7451 Dublin Road asked if there is any measure of the percentage reduction of emissions produced by this. Mr. Burns stated that those calculations have not been done at this time. Mr. Maurer asked that this information be provided when available. Vice Mayor Boring noted that the City does its own fueling. Is the City changing to a different type of fuel? Mr. Burns responded that vehicles with older diesel engines will be replaced with ones with new technology, and which burn much cleaner. Vote on the Resolution: Mr. Keenan, yes; Mr. Lecklider, yes; Mr. Gerber, yes; Ms. Salay, yes; Mayor Chinnici-Zuercher, yes; Vice Mayor Boring, yes; Mr. Reiner, yes. OTHER • Request for Alcohol Waiver -Historic Dublin Business Association for 2009 Slainte Thursday Event Series Ms. Puskarcik noted that a request from the HDBA has been made to seek approval for the HDBA to sell alcohol in a City lot in Historic Dublin during Slainte Thursdays. The main reason for the request is so that Slainte Thursday can become a self sufficient event. Council has supported the events through the hotel/motel tax grants, but the long-term plan is to fund it themselves. They would like to do so through beverage sales. Mayor Chinnici-Zuercher asked if the request is for one or for two parking lots. Ms. Puskarcik responded it is for one. HDBA had proposed the lot near Dublin Village Tavern, and City staff worked with them to provide another solution. The current Tavern site might not have the capacity, so staff provided some options. The location would be contained, so that people would not walk through the District carrying alcohol. Mayor Chinnici-Zuercher stated that she doesn't believe the lot behind Tucci's is appropriate, because it would reduce available parking for the area. Why would the City want to give up that parking, when the intent has been to encourage people to come to Historic Dublin? Ms. Puskarcik stated that there may be other parking opportunities as well. Ms. Salay asked what funding the City provides to Slainte Thursdays through hotel/motel tax grants. Ms. Puskarcik responded that the grant to HDBA is for $20,000. Mayor Chinnici-Zuercher stated that the grant is for all of their marketing -not just for Slainte Thursday. Ms. Puskarcik stated that this would be a different plan. HDBA did not delve into further details until they have a sense of Council's support of this initiative. The costs associated with this would consist of a band and promotions. They have approached some potential sponsors who have expressed interest. Mr. Gerber commented that if the purpose of Slainte Thursday is to encourage people to visit the district, patronizing businesses and restaurants, why would the HDBA now want to move this into the parking lot versus at the restaurants? Ms. Puskarcik responded that they hope this year to attract a larger audience who will be exposed to Historic Dublin and who will then return. This would serve as a larger gathering place for friends, who can move from there into the various HD venues. With last year's change in themes for each event, attendees were uncertain about what to expect month to month. Ms. Salay asked Ms. Puskarcik about how the environment would be controlled in terms of the alcohol serving and sales. Ms. Puskarcik responded that the group would be required to undergo the event permit process and those types of issues would be discussed. This is the first step in moving RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting February 17, 2009 Page 16 forward with the program. In addition, given the small businesses with small staff numbers, they will have to work to recruit appropriate servers. They talked of the possibility of their business hours changing in order to support the event -such as staying open longer hours into the evening. Ms. Salay asked if the group has spoken with the Dublin Police in regard to outdoor alcohol sales. Ms. Puskarcik responded that those discussions take place in the event permit process. Ms. Salay commented that she would be very interested in feedback from the Police upfront. Ms. Puskarcik stated that staff has met with the group, and the Streets and Police staff have looked at the sites, determining they are easy to contain. Working with the impacted businesses is their additional challenge. Ms. Salay suggested that perhaps these types of events could be held without selling alcohol. Ms. Puskarcik responded that their goal with the events is to raise funds. Ms. Salay noted that there are more important considerations than raising money. Why couldn't such events be considered without outdoor alcohol sales? This seems to be an evolution of Slainte Thursday. Why must alcohol be a component? Is it strictly to generate money? Ms. Puskarcik responded that it is a fundraiser and also intended to provide a gathering place, with a band in a parking lot. Mr. Gerber stated that with bands and alcohol sales in a parking lot, the business owners in the area will have parking impacts for their customers. Where will the patrons now park? Ms. Puskarcik responded that the original plan included a small lot just to test the waters this year. Mr. Gerber noted that people would not likely want to park in an area adjacent to such activity. Inside a restaurant or tavern, the activity is more controlled. This is an open area. He would like input from the Police on how they would control the crowd. Ms. Grigsby asked Ms. Puskarcik to comment about other opportunities for the HDBA to explore to raise monies, given the concerns expressed by Council. Ms. Puskarcik responded that in addition to raising funds, the goal is to raise the energy level in the District and to draw people to the District through one element. This could serve as an anchor event for Slainte Thursday. Vice Mayor Boring suggested that the energy levels can be raised without sales of alcohol. Ms. Salay clarified that she is concerned with outdoor sales of alcohol, not general alcohol sales at establishments in the district. The concept is great, except for the outdoor alcohol component. They are asking Council to go against along-standing tradition regarding alcohol sales on public property -which is to limit it to the Dublin Irish Festival in Coffman Park. She is highly sensitized to this issue and the message it sends to the youth in the community about alcohol. Families will want to attend these events, and alcohol is not a necessary component. Alcohol does change the atmosphere at an event. She cannot support this request, but believes the energy needs to be redirected from an outdoor event with cordoned off areas to serve alcohol, resulting in excluding people from the area. Mr. Lecklider noted he has three concerns, which include alcohol serving outdoors and parking impacts. In addition, there are potential neighborhood noise issues associated with live music, impacting those who live in or near the Historic District. Therefore, before considering this, he would want more information about hours of the activity and noise levels. Ms. Puskarcik responded that the music would be similar to what takes place on the patios during Slainte Thursday. The event permit process also considers this item. There is notification to surrounding residents. All of these discussion items are thoroughly reviewed by staff with the event organizer during the permit process. Mr. Lecklider noted that he supports the HDBA for working on ways to attract more people to the district and build excitement, but all of these items cause him concern. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meet~na February 17, 2009 Page 17 Mayor Chinnici-Zuercher suggested that Council proceed with voting on the request for an alcohol waiver. It is important, however, that the information be shared with HDBA about the activity in general, as well as the alcohol issue. Vote on the request: Vice Mayor Boring, no; Mr. Keenan, yes; Mr. Reiner, yes; Mayor Chinnici-Zuercher, no; Mr. Gerber, no; Mr. Lecklider, no; Ms. Salay, no. Mayor Chinnici-Zuercher commented that Slainte Thursdays is a great opportunity to bring recognition to the area. The primary issue relates to outdoor sales of alcohol. Removing existing parking to accommodate this makes no sense, given the parking challenges. Ms. Puskarcik noted that she will share the information with HDBA, and Council's suggestion that an event such as this be done without outdoor alcohol sales and without using lots where people park. Vice Mayor Boring noted that there are many restaurants and taverns in the HD that have outdoor patios. It does not make sense to sell alcohol in parking lots with the businesses existing in the district serving under controlled circumstances. STAFF COMMENTS • "Healthy Dublin" Initiative Ms. Grigsby stated that a staff report was provided to Council regarding this program. He is present to provide an overview. Mr. Harding stated that Medical Mutual of Ohio (MMO) has presented an opportunity to the City, as well as Dublin City Schools, Dublin Methodist Hospital, and the Dublin Chamber of Commerce. This is a community-based wellness initiative. It would be modeled after a successful program in Solon, Ohio. The benefits to the City would be full funding of the program by MMO for a period of three years; marketing and public relations support; and general support services. Staff is requesting Council direction on proceeding with this initiative, or whether Council would like MMO executives to present the program to Council in March. Mr. Reiner stated that it is a wonderful initiative. The greatest gift the City can give its citizens is good health. The program covers health awareness, education, screenings, assessments, counseling, advice, and fitness challenges. He sees no downside to participation in this initiative. Mr. Gerber noted that he concurs with Mr. Reiner and needs no further presentation from MMO. Vice Mayor Boring supports this concept as well. Will they seek participation from other corporations? Mr. Harding responded that they will have an outreach program, targeting corporations in Dublin. They want to recruit individuals to join a steering team to develop new programming alternatives. Vice Mayor Boring stated it would be important not to endorse any particular advertisers. Mr. Harding responded that this will be a community-based program, but the City of Dublin will not sponsor any particular efforts. Mr. Keenan stated it appears to be a great program. He is interested in feedback from other providers, such as United Healthcare, Anthem, and others involved in wellness programs. Mr. Harding responded that in his research, he has not found that any other competitors have such a comprehensive program for acommunity-based initiative. Mr. Keenan noted that the company indicates their hope to collect data about illness prevention, which brings up a confidentiality issue. He is not opposed to the program, but cautions that careful consideration is warranted. Ms. Grigsby responded that these issues were raised at staff level as well. For this reason, it is important to emphasize that the City is helping to facilitate the program, RECORD OF PROCEEDINGS Minutes of Dublin City_Council Meeting February 17, 2009 Page 18 recognizing it benefits MMO as well as Dublin Methodist. It is a service to residents and provides some additional awareness and services at no cost. Vice Mayor Boring asked about scheduling of DCRC facilities and any impact this will have on the operations. This may impact the overall fee schedule. Ms. Grigsby responded that Rec staff were involved in the discussion. Staff emphasized to MMO that usage of the DCRC must be coordinated through City staff so they would not interfere with other programming. There are opportunities for residents and businesses to take advantage of many annual programs. Mr. Harding added that this program is not designed to compete with community-based programming, but to enhance what is offered currently. Mr. Earman added that staff would not create conflicts with existing programs, but would choose times in which space is available. There is also space available at the hospital and the schools. He does not anticipate this as a huge burden on the DCRC. Mr. Lecklider noted this is a three-year commitment. What happens after that time? Mr. Harding responded this was a discussion item. MMO has assured the City there is a sustainability plan being developed. They will seek grants to do this wherever possible. Mayor Chinnici-Zuercher summarized that Council does not feel the need for a formal presentation for MMO. Mayor Chinnici-Zuercher moved to direct staff to continue to develop the concept of the Healthy Dublin initiative. Mr. Gerber seconded the motion. Vote on the motion: Ms. Salay, yes; Vice Mayor Boring, yes; Mr. Reiner, yes; Mr. Lecklider, yes; Mr. Gerber, yes; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes. • Letter from TechColumbus Ms. Grigsby noted that the packet included correspondence from TechColumbus indicating they are seeking additional funding from the City. Would Council want a presentation from them regarding utilization of the funds, and how the program would be managed by TechColumbus? Another option is for Council to direct staff to continue to work with them, bringing back a future recommendation to Council. Mayor Chinnici-Zuercher indicated they are seeking $200,000 in 2009 and 2010. Ms. Grigsby stated that she believes the request is for a total of $200,000 - $100,000 in each of two years. Mayor Chinnici-Zuercher suggested this be confirmed with TechColumbus. In addition, it would be helpful to have a synopsis of what has transpired as a result of the initial City investment -what has been done with the funds, as well as what the monies would be used for going forward. Mr. McDaniel stated that with Council's permission, he would bring a resolution for Council's consideration on March 2, as the grant deadline is March 31. There was no objection to this course of action. Mr. Lecklider noted that he would have expected more lead time from TechColumbus in consideration of the amount requested. Mr. McDaniel responded that when there are Third Frontier monies involved, an RFP is sent out and organizations such as TechColumbus must respond. They must identify matching funds in order to respond to the RFP. This RFP was issued in February. Brief discussion followed about the federal stimulus monies and various notices and deadlines being circulated. Ms. Grigsby reported that Ms. Willis met last Friday with representatives of ODOT. ODOT is very supportive of Dublin's project submitted, as it is one of few projects in the state where design is virtually completed as well as acquisition. The City has the funding ability to move forward with the project for any matching dollars the City may need. Mr. Lecklider asked for input from Mr. McDaniel in regard to the TechColumbus request. Mr. McDaniel noted that Dublin's investment to date has been $325,000 and has been strictly entrepreneurial signature grant program money. Adding in regional capitalization RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting February 17, 2009 Page 19 fund dollars brings the investment to $375,000 to date. Dublin companies have received $3.8 million. It represents an excellent return on investment. In looking at the direct investments of TechColumbus, much of it is regional capitalization fund monies, to which Dublin has not contributed. In reality, Dublin-based companies have received 40 percent of the CF monies. TechColumbus now wants to replenish that regional capitalization fund, which is separate from the Entrepreneurial Signature Grant program. Now that the state has issued this RPF for Third Frontier monies, TechColumbus wants to respond and raise monies again. Thus, they are seeking contributions of matching dollars from communities and other organizations. If $1 million is raised, the state will match that $1 million. Mr. Keenan noted that the area includes some other counties. Have other entities - counties or cities in our area -contributed funds? Mr. McDaniel responded that he has indicated to TechColumbus that they should be prepared to address this question when the legislation is brought forward to Council. Mr. Keenan commented that he would be more supportive of Dublin's contribution, if other entities are participating financially at some level. COUNCIL COMMITTEE REPORTS/COUNCIL ROUNDTABLE Mr. Reiner: 1. Thanked Council and staff for supporting the proton therapy project. He works with cancer patients each week, and personally knows of the need for this facility. This has required a tremendous amount of work on staff's part, and is a very worthwhile endeavor. 2. Stated that he received a call regarding housing of chickens on personal property. He is not endorsing this, but perhaps the Community Services Advisory Commission could review it. It is part of an environmental movement, and other cities such as Buffalo, Toledo, Detroit, Pittsburgh, Madison and Youngstown have already passed legislation related to this. Cleveland is currently considering it. There has been some discussion in Worthington. He is not certain of what is prompting this, but he moved to have CSAC review this. Mr. Lecklider asked what the intent of such a review would be. There are regulations in the Code addressing this. Mr. Reiner responded that there is much interest in this around the country, and a local resident is interested as well. Mr. Smith commented that this issue recently arose in regard to the homing pigeon issue, and he had provided a memo to Council. Mr. Reiner stated that it would be interesting to explore this. The motion died for lack of a second. Mr. Gerber reported that he and staff met with business owners in Historic Dublin a few weeks ago. The business owners contacted him in regard to impacts on their businesses from the BriHi project -parking, traffic, awareness of how to access the existing businesses. As a result, staff has come up with a proposal, "Here Today, More Tomorrow" - an educational campaign to create awareness that businesses are open during the construction phase of BriHi Square. He distributed copies to Council on the dais tonight. Mr. Keenan added that there are other issues related to utility burial that will impact these businesses and parking availability. Mr. Gerber stated that Tucci's and Modern Male, in particular, are impacted to a large extent. Staff is working with them to address their concerns, as well as the other businesses nearby. Vice Mayor Boring asked if it part of the City's established policy to take such an active role such as this. Ms. Grigsby responded that because this is a public/private partnership and based on the commitment made to minimize impacts on existing businesses, this is an option to address their concerns. Mayor Chinnici-Zuercher noted that the information indicates that Stonehenge is participating in the costs of this campaign as well. Ms. Grigsby stated that is correct. There was no objection to proceeding with the plan. RECORD OF PFZOCEEDINGS Minutes of Dublin City Council February 17, 2009 Page 20 Held 20 Mr. Keenan reported that he, Mr. Gerber and Mayor Chinnici-Zuercher met with the Leadership Dublin class on February 4. There was a lively discussion, and some e-mails have resulted from the class members regarding potential initiatives for the future that the City may be involved in. Mr. Lecklider: 1. Noted he was in Indianapolis recently, and someone brought up the topic of roundabouts. They are constructing roundabouts at high volume intersections which include truck traffic. Dublin is not alone in using roundabouts in lieu of traffic signals. 2. Noted that a memo was included in the packet in regard to board and commission member training. In the summary, it mentions the highlights of the session. The contents of the draft letter to be mailed to participants do not match what is in the session listing. The letter makes reference to communication with City Council. He would expect that Council should have some input regarding suggestions for board and commission members in terms of communicating with Council. He would like to hear more about this prior to the training. Ms. Ott responded this input would be welcome. The focus for new appointees is understanding the referral process of topics from Council to the board or commission. 3. Noted there was a memo in the packet in regard to the issues he raised about locust trees. He did not read Ms. Chope's memo to suggest that the only option is removing these trees. He understands the risk of chemical treatment of these trees. Perhaps there is another option of the City taking responsibility for removing the seed pods from the curb area. The trees provide a great canopy, and it is unfortunate this variety has brought problems with the seed pods. He would like the City to be more proactive in removing the pods, because during heavy rains, the pods block the storm drains. A related question is whether the City is continuing to use this landscape contractor that provided the City with this variety of trees, and if so, why. Mr. Hahn responded that he will check the records to find out which firm planted the trees. His memo did not address street sweeping at key times, which could resolve the existing problem. He will follow up on these items. Mr. Lecklider noted that the memo indicates that since 2004, the City has not been planting this variety of tree. Mr. Hahn responded that is correct. There are thousands of locust trees on the City streets. In order to keep these trees in good shape, they require a lot of pruning. This tree does survive well in this environment. Mr. Lecklider asked if Wyndham Village is the only location where the seed pods are an issue. Mr. Hahn responded that it appears there was one batch of this variety of locust tree planted in the City. Locusts are planted citywide, but the problem is isolated. Mr. Reiner added that this problem could likely be resolved by checking the nursery stock for a development project or street tree project. It is necessary to have a hybridized tree. An inspection should be done upon delivery to ensure this. Mr. Hahn responded that they believe the problem is isolated to these 45 trees, but staff will do these inspections. Vice Mayor Boring: 1. Noted that she is concerned with the bikepath discussion reflected in the Parks & Recreation Advisory Commission (PRAC) minutes. It is focused on individual preferences versus citywide. She is concerned with the impression left that the bikepath plan can be modified based upon these types of discussions. Mr. Hahn responded that every resident has the right to express their desires, including the Commission. He indicated to PRAC that staff would present the bikepath master plan tomorrow night, with bikepaths currently programmed in the five-year CIP. They can provide input regarding particular connections that are either indicated on the Plan or ones which they would like to see. Staff would take note of this input. Vice Mayor Boring responded that the bikepath plan is developed through a public process and reviewed each year in the five-year CIP. She asked for others to comment. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting February 17, 2009 Page 21 Mayor Chinnici-Zuercher commented that when Council approves the CIP and staff recommendations for the connections for the bikepath plan, she assumes there is a logical analysis and order to completion of the connections. If an opportunity came about that warranted a modification to the order of connections, that would be a logical change to consider at the CIP meetings. Mr. Hahn responded that he indicated to PRAC that he can serve as a conduit between the Commission and Council, but that PRAC does not give direction to staff in this regard. Any modifications to the CIP in terms of the bikepath plan or other projects are made by Council. Mayor Chinnici-Zuercher would view Mr. Hahn's role as conveying to the Commission the criteria used by staff in making recommendations regarding the order and priority of bikepath completion. That process will continue to occur. Mr. Keenan added that he can indicate to PRAC that the CIP is reviewed each year in August. Mayor Chinnici-Zuercher added that Council has included more funding in recent years for bikepath connections in order to accelerate completion of the system. Mr. Hahn stated that funding limitations may not deter an individual member's desires for more or for something different. Mr. Keenan noted that the City is fortunate to have the resources to fund these amenities compared with other cities which are experiencing layoffs of police and firefighters. He is satisfied with having further discussion at the CIP meeting about future bikepath connections. Vice Mayor Boring stated that her concern is with changing the current process of the bikepath connections being reviewed in the CIP update. Mr. Lecklider stated that Mr. Hahn seems to agree with this, and he will convey this message to PRAC tomorrow evening. Ms. Grigsby stated that this discussion is helpful, and Mr. Hahn will relay the message to PRAC. It is certainly helpful for them to identify areas for the City to review, recognizing it can be reviewed again as part of the CIP update, when staff brings information to Council for review. 2. Commented regarding the status of several items on the Administrative Committee list of pending items. First, the Committee of the Whole for campaign finance legislation -would it be acceptable to have the Clerk identify a meeting date via e- mail with members? (This was agreed upon by Council.) She asked each member to identify the sections in the legislation of concern, and those sections will be reviewed in an orderly manner at the meeting. The Council Members should be prepared to share with Council their concerns about any particular section. 3. Noted that when the Committee discussed future meeting dates for topics, they felt the assignment of "Developing criteria for the representative to the P&Z Commission" should also be a Committee of the Whole item. She has asked Mr. Langworthy to recirculate the info he sent previously about how other cities handle this. The APA had some recent information in a publication about cities having an alternate member of a P&Z Commission, but this would require a Charter amendment. All of this needs to be discussed in a Committee of the Whole setting. 4. Noted in regard to the timing of an organizational climate survey for 2009, that she suggests a motion to eliminate this item from the Committee's list. With a new City Manager and review of his performance in a few months, there may be a desire at that time to undertake this. However, it is not necessary at this time. She moved to eliminate the organizational climate from the Committee list of pending items. 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. RECORD OF PROCEEDINGS _ _ _ Dublin City Council February 17, 2009 Page 22 5. Noted in regard to board and commission training, that she is seeking input about Council's desire for involvement in the various topics included in the training session . Ms. Salay stated that she agrees with Mr. Lecklider in terms of Council's involvement in how they communicate with boards and commissions and vice versa. This issue needs to be fleshed out by the seven Council Members to ensure that what is communicated at the orientation reflects the collective desires of Council versus input from a couple of Council Members to staff. Vice Mayor Boring asked what topics are scheduled for the March 9 study session Ms. Grigsby responded that the zoning code update is currently scheduled that night. Mayor Chinnici-Zuercher suggested that the board and commission communication issue be added to the study session agenda. It was the consensus of Council that the study session topics for March 9 include Council discussion of communication between Council and their boards and commissions. Vice Mayor Boring summarized that by next month, the Administrative Committee hopes to complete their pending items. Mayor Chinnici-Zuercher noted: 1. Fire Marshal Alan Perkins of Washington Township Fire Department has been named the Ohio Fire Official of the Year. She has asked the Clerk to prepare a proclamation for presentation to him at the next Council meeting. 2. At the MORPC Board meeting, Metro Parks did a presentation regarding their upcoming levy. Perhaps PRAC would be interested in receiving this information. In addition, there was extensive discussion of the federal stimulus package, which has already been mentioned tonight. 3. She recently met with Tom Stemmer, National Church Residences and Dennis Guest, Metropolitan Housing Authority. They are very excited about working with staff and continuing to move forward with this project. They are in the process of seeking approval from the state for the number of units in the project. 4. The minutes of the Dublin Schools Board of Education reflect that Chris Valentine is now the Board liaison to City Council. 5. State Rep. John Carney has sent an e-mail to Council offering his attendance at an upcoming Council meeting to discuss the state budget, if Council is interested in doing so. The budget is not finalized at this point. 6. A recent packet included the Glick Road intersection study that staff and others have been involved in. She assumes that, absent further Council discussion, the staff is continuing on the course of working with other jurisdictions to identify a solution. 7. Council has received invitations to the community reception for the City Manager and State of the City on Monday, March 2. Ms. Grigsby will be presenting the State of the City. 8. Council Members also received an invitation to the Grand Leprechaun luncheon, and a response is needed. Discussion followed about the status of the goal setting date, tentatively identified for Friday, April 3. It was the consensus of Council to plan the goal setting for Friday, April 3, given everyone's confirmed availability on that date. ADJOURNMENT TO EXECUTIVE SESSION Mayor Chinnici-Zuercher moved to adjourn to executive session at 10:25 p.m. to consider land acquisition matters (the purchase of property for public purposes) and legal matters (to confer with an attorney for the public body concerning disputes involving the public body that are the subject of pending or imminent court action). Mr. Gerber seconded the motion. Vote on the motion: Vice Mayor Boring, yes; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes; Mr. Reiner, yes; Mr. Gerber, yes; Mr. Lecklider, yes; Ms. Salay, yes. Ms. Salay asked that staff send out an e-mail for any requested executive session that is added after the agenda is sent out in the packet. Mr. Gerber agreed. RECORD OF PROCEEDINGS Minutes of Dublin City .Council. Meeti.n~ February 17, 2009 Page 23 Mr. Lecklider asked that an e-mail be sent, as well as a phone call made to notify Council Members of this change. The meeting was reconvened and formally adjourned at 11:45 p.m. Mayor -Presiding Officer Clerk of Council