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HomeMy WebLinkAbout09/18/2006 RECORD OF PROCEEDINGS Minutes of Meeting DAYTON LEGAL BLANK, INC.. FORM NO. 10148 September 18, 2006 Held 20 Mayor Chinnici-Zuercher called the Monday, September 18, 2006 Regular Meeting of Dublin City Council to order at 7:00 p.m. at the Dublin Municipal Building. PLEDGE OF ALLEGIANCE Mrs. Boring led the Pledge of Allegiance. ROLL CALL Present were: Mayor Chinnici-Zuercher, Vice Mayor Lecklider, Mrs. Boring, Mr. Keenan. Mr. McCash and Ms. Salay. Mr. Reiner arrived at 7:50 p.m. Staff members present were: Ms. Brautigam, Ms. Readier, Mr. Harding, Mr. Hammersmith, Mr. Ball, Mr. Hahn, Ms. Gilger, Mr. Combs, Mr. Gunderman, Chief Epperson, Ms. Hoyle and Mr. Cullimore. APPROVAL OF MINUTES • Regular Meeting of August 21, 2006 Vice Mayor Lecklider moved approval of the minutes of the August 21, 2006 Council meeting. Ms. Salay seconded the motion. Vote on the motion: Mr. McCash, yes; Vice Mayor Lecklider, yes; Ms. Salay, yes; Mayor Chinnici-Zuercher, yes; Mrs. Boring, yes; Mr. Keenan, yes. • Regular Meeting of September 5, 2006 Ms. Salay moved approval of the minutes of the September 5, 2006 Council meeting. ~ Mr. Keenan seconded the motion. Vote on the motion: Ms. Salay, yes; Vice Mayor Lecklider, yes; Mr. Keenan, yes; Mayor Chiinnici-Zuercher, yes; Mr. McCash, abstain; Mrs. Boring, yes. CORRESPONDENCE • New D2 Liquor Permit -Pei Wei Asian Diner, Inc., 7571 Sawmill Road ! II There was no objection to the issuance of this permit. CITIZEN COMMENTS Joel Campbell, President of the Board of Trustees of the Dublin Convention and Visitors ~ Bureau noted he and Executive Director Scott Dring are present tonight to update Council on the quarterly progress of the DCVB. He indicated that Council and the DCVB have a common goal of maximizing the hotel/motel tax revenues for the City. A memo was provided in the Council packet, updating Council on these efforts by the DCVB over ,j the past years and their plans for the future. They are focusing efforts on filling hotel rooms during times of low occupancy, which are most often weekend nights. Their intent is to work with the City, the Dublin Schools and private sector entities who could help with facilities, locations, events and activities to fill these weekend vacancies, thereby increasing the hotel/motel tax revenues. He introduced Scott Dring, Executive Director to provide the quarterly update. II Mr. Dring, Executive Director provided a synopsis of the summer activities by the DCVB, noting that the room nights were up by 18 percent over last summer. Their summer marketing campaign resulted in a 23 percent increase in tickets sold at the zoo and Wyandot Lake. The "Wild and Wet" campaign helps to generate room nights for the City hotels. Since it was established in 2003, it has generated over $150,000 in hotel revenue. The golf package generated $60,000 this summer. For the Dublin Irish Festival, there was a 14 percent increase in room nights over 2005, totaling 1,800 room nights. Based on discussion at the annual meeting for Hotel General Managers, the DCVB is very optimistic about the coming year. The DCVB is close to completing their brandin initiative which will rovid fr e a amework to mor g p e effectively market Dublin as a destination. The process will also give the Bureau a new logo and marketing slogan,. and will be used in several campaigns. In terms of research compiled, several ~j community surveys were done about how residents perceive Dublin as a destination. The average Dublin visitor is well educated. Business travelers staying in Dublin hotels are generally from Ohio, Michigan and Indiana. Based on visitor perceptions of Dublin, the research results indicated Dublin as having a strong Irish theme, a City outside of Columbus with high standards, and the home of the Memorial Tournament, Irish Festival I I RECORD OF PROCEEDINGS Minutes of r,..~~:.. C1t~~~~^a'r^T Meeting DAYTON LEGAL BLANK, INC.. FORM NO. 10148 September 18, 2006 Page 2 Held 20 and other world class events. Dublin's name, according to those outside of Dublin, is an asset in itself, as it immediately conjures up strong Irish associations. Tour operators and visitors have expressed a desire for more things Irish. The brand statement will serve essentially as the "dna" for creative and marketing campaigns. It states that, "For people who want to reward themselves and their family with a little extra recreation, Dublin is a worldly small town destination near Columbus, Ohio, distinguished by a passionate connection to all things Irish and golf, so no matter what you do, it's world class fun." They plan to roll out the new brand in January and hope to introduce it at a future Council meeting. Mayor Chinnici-Zuercher noted that in the June minutes of the City's Parks and I Recreation Advisory Commission, it indicates the DCVB addressed the Commission in the context of the City's Master Plan for Parks and Recreation regarding the need for facilities to house activities that might generate bed tax in the future. Does the DCVB have some ideas they would like to share? Mr. Campbell responded that the concept is matching up potential facilities and activities -whether fields or sports - in schools, the City or the private sector -and having the opportunity to participate in that planning and decision-making process. They believe that the availability of facilities will influence decisions of groups about whether they come to the City hotels. Mayor Chinnici-Zuercher asked if the DCVB has also met with the Dublin Schools about the availability of their sites as well. Mr. Campbell responded affirmatively. John L. Wirchanski, 160 Franklin Street, Dublin stated he is interested in speaking on the first item on tonight's agenda, should his questions not be addressed within the presentation. Wallace Maurer, 7451 Dublin Road: 1. Stated he encountered the Mayor during a recent visit to Friendship Village. The Mayor was present for an anniversary celebration at the facility, while he was present to play a piano recital. He had brief discussion with the Mayor regarding the fact that many have asked her to persuade Mr. Maurer to discontinue speaking about the Kindra firing. She indicated that her response to people who make this request related to the concept of democracy. He noted that Churchill once stated that the worst government on earth was ~ democracy, but the alternatives are intolerable. After reflection, he has some recommendations. Democracy has carved out some devices for stopping time-wasting procedures, i.e., ordinances against public nuisances. He could I be declared a public nuisance and removed from the meeting. Secondly, he learned in his debate with Mr. Thomas that he could take a human being from zero to full comprehension in 79 minutes. The next time someone asks the Mayor to stop him from speaking about Mr. Kindra, she should remind them of the vibrancy of democracy which depends upon vigorous discussion. If they are referred to him, he will be happy to spend time with them in ~I discussion. 2. Noted in reviewin the a ends materials that there was an u date on the 9 9 P cable television broadcasting for the City. He urged Council to resume telecasting of the Council meetings and to clearly communicate the times of the broadcasts. LEGISLATION - TABLED ORDINANCE SCHEDULED FOR SECOND READIN P BLI G/ U C HEARING Ordinance 52-06 II II Rezoning Approximately 14.847 Acres Located at the Southwest Corner of the Iii Intersection of Post Road and Eiterman Road from RI, Restricted Industrial District ~ to PUD, Planned Develo ment District. Rezonin /Prelimina Develo ment Plan 06- i p 9 rY r i 1192 -Buckeye Check Cashing - 7001 and 7003 Post Road) Mr. Combs noted this is a requested rezoning of the site at the southwest corner of Post and Eiterman Roads. The site has three existing buildings: the north building at 7001 Post, the south building at 7003 Post and the accessory building at the northeast corner of the site. The proposed text is attached and proposes expanding the uses from the existing administrative office to also include medical office, and the existing storage ~i RECORD OF PROCEEDINGS Minutes f Meeting DAYTON LEGAL BLANK. INC.. FORM NO. 10148 September 18, 2006 Page 3 Held 20 building or warehouse structure would remain as a permitted use in its current condition. There are no sign modifications proposed with the rezoning. The zoning change will be more compatible with the future Central Ohio Innovation Center. As part of the text, the applicant agrees to rezoning in the future as part of the overall development standards for the COIC. It was recommended for approval by P&Z without conditions. ~ Mr. Wirchanski noted from the audience that his questions have been answered and he does not desire to testify on this ordinance. Wallace Maurer, 7451 Dublin Road asked why medical facilities were prohibited on this site up to this time. Mr. Combs stated that the current industrial zoning of the site allows only for administrative offices as a conditional use. The existing Buckeye tenant was approved as a conditional use by the Planning Commission. Vote on the Ordinance: Mrs. Boring, yes; Mr. Keenan, yes; Ms. Salay, yes; Mayor Chinnici-Zuercher, yes; Vice Mayor Lecklider, yes; Mr. McCash, abstain. Ordinance 53-06 Renaming a Portion of Frantz Road (north of Post Road to the private drive) to Kilgour Place. Ms. Wawszkiewicz, Engineering stated this effects a renaming of a portion of Frantz Road to Kilgour Place, in honor of Frederick Kilgour, the founder of OCLC who recently passed away. Gary Houk, Vice President, OCLC noted that Mr. Kilgour died in early August and this will be a fitting tribute to him. His wife, Eleanor, age 90, resides in North Carolina. OCLC is globally known for providing computer services to libraries around the world. th He thanked City staff who were very responsive and made this process very understandable. The day of October 31 has been set aside as "Fred Kilgour Day" and a i celebration of his life will take place on that day. At that time, they will unveil the new name of the road. Wallace Maurer, 7451 Dublin Road asked if the family is in full agreement with the renaming of the roadway. Mr. Houk responded affirmatively. Mr. Maurer asked about the process in place for selecting names of city streets. Mr. McCash noted that developers generally select the names and work with the Engineering department to ensure there are not duplicate street names in the county. I' ~ Vote on the Ordinance: Mrs. Boring, yes; Mayor Chinnici-Zuercher, yes; Mr. Keenan, yes; Ms. Salay, yes; Mr. McCash, yes; Vice Mayor Lecklider, yes. Ordinance 54-06 Renaming a Portion of Frantz Road between S.R. 161 and Post Road to Post Road. 'I ~'I There were no further questions. Vote on the Ordinance: Mr. Keenan, yes; Vice Mayor Lecklider, yes; Ms. Salay, yes; Mr. III McCash, yes; Mrs. Borin ,yes; Mayor Chinnici-Zuercher, es. g Y i Ordinance 55-06 Amendin the Codified Ordin n f a ces o the Cit of Dublin to Include Cha ter 38 9 , Y p « Public Art, Establishing a Percentage for the Arts Program in the City of Dublin, !~I Ohio. Ordinance 56-06 Amending Sections 32.80 through 32.86 of the Codified Ordinances of the City of ~ Dublin to Establish a Visual Arts Commission in the City of Dublin, Ohio. Ms. Brautigam asked that Council consider Ordinances 55-06 and 56-06 together. Staff is recommending that both be tabled indefinitely. Mayor Chinnici-Zuercher asked Mr. Keenan to comment regarding the meeting held with the representatives of the Dublin Arts Council Mr. Keenan stated that he, the Mayor and City Manager met on September 11 with Mr. Pigman, outgoing DAC Board President; Chris Jarvis, DAC Board President, and David I RECORD OF PROCEEDINGS Minutes of £-tty Cou~:~ Meeting DAVTON LEGAL BLANK, INC.. FORM NO. 10148 September 18, 2006 Page 4 Held 20 Guion and discussed a number of topics, including Art in Public Places, the visual arts strategy commissioned within the framework of the Parks and Recreation Master Plan, and the percentage for the arts program. DAC has a strategic plan due out in December and they will be seeking comment on the plan from Council and staff in October. The group felt that having the DAC Strategic Plan in place and making progress on the City's visual arts strategy due in the first quarter of 2007 are necessary before proceeding further with the percentage for the arts proposal. Ms. Brautigam concurred. Ms. Salay asked on behalf of the public interested in this matter about a timeframe for future discussion. Is this anticipated in early 2007? Ms. Brautigam responded that she estimates a timeframe of March 2007, as the City is working on the visual arts strategy. As these ordinances would be tabled, Council would need to remove them from the table and set them for hearing at a later date, thereby providing adequate public notice of the hearing date in 2007. Wallace Maurer, 7451 Dublin Road commented that this is a very well thought-out ordinance. How will the representative for the artists be selected? The legislation provides that the local visual arts commission will maintain a list of prescreened artists who meet certain established criteria. Establishing criteria will be very complex. What is Council's view of how the representative for the artists will be chosen? Mayor Chinnici-Zuercher responded that Council cannot respond to this, as the details are yet to be determined. Tabling of the legislation is suggested due to the need to have a visual arts strategy in place for the City and the strategic plan in place for the Arts Council. The details of the legislation may be very different when it is discussed again in 2007. Mr. Maurer asked about the three scenarios of .5, .75 and one percent. The $15,488 number for major parks remains the same under the .75 and the one percent scenario. Ms. Brautigam responded that there appears to be an error in the figures provided. Mr. Maurer asked about the definitions, where it defines public art as any visual artistic work displayed for two weeks or more in an open, city-owned area. Does Council visualize something such as traveling exhibits for a painter for a short or extended period of time? Mayor Chinnici-Zuercher responded that is the expectation. Mr. Keenan moved to table Ordinances 55-06 and 56-06. Ms. Salay seconded the motion. Vote on the motion: Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes; Mr. McCash, yes; Mrs. Boring, yes; Ms. Salay, yes; Vice Mayor Lecklider, yes. INTRODUCTION/FIRST READING -ORDINANCES Ordinance 57-06 Renaming Tamworth Place to Brandbury Place in the City of Dublin. Ms. Salay introduced the ordinance. ~ Mr. Hammersmith stated this is a housekeeping matter necessary to address a discrepancy for two plats on record. As a result, Tamworth Place would no longer exist ~I and Brandbury Place would be the street of record. Tamworth Place was apparently the name of a stub street on the plat, and subsequently, when Brandon Section 3 came I~ through for approval, the name of the street as extended was shown as Brandbury Place. There will be no visible change, as the street names reflect Brandbury Place. This was discovered during a routine property survey being done by a surveyor and he called this to the City's attention. There will be a second reading/public hearing at the October 2 Council meeting. Ordinance 58-06 ,j Authorizing the Provision of Certain Incentives for Purposes of Encouraging the Establishment by Halcyon Solutions, Inc. of Its Operations and Workforce within the City and Authorizing the Execution of an Economic Development Agreement. ~ Ms. Salay introduced the ordinance. Ms. Gilger stated that Halcyon Solutions has identified a building at 5880 Innovation Drive for their offices. They are interested in purchasing that facility and terminating their lease for another building in Central Ohio. The agreement contains a $90,000 RECORD OF PROCEEDINGS Minutes of • Meeting frrr C-ify- E~,=~ DAYTON LEGAL BLANK. INC.. FORM NO. 10148 September 18, 2006 Page 5 Held 20 technology and property grant to assist with technology upgrades and facility acquisition. It is payable in three increments, and the company is required to meet payroll withholding targets annually to qualify for payments. Ms. Salay asked about the business currently existing in the building and its status. Ms. Gilger responded they are relocating and are considering two sites, both in Dublin. Ms. Salay asked if the building will be expanded. Ms. Gilger responded it will not. The company moving in is much larger in terms of employees, but they are a technology software developer and many of their projects are done onsite with Dublin companies. So the majority of their workforce will be working offsite, but predominantly in Dublin. There will be a second reading/public hearing at the October 2 Council meeting. Ordinance 59-06 Authorizing the Provision of Certain Incentives for Purposes of Encouraging the Establishment by MoQvo LLC of Its Operations and Workforce within the City and Authorizing the Execution of an Economic Development Agreement. Vice Mayor Lecklider introduced the ordinance. Ms. Gilger stated this agreement is for astart-up technology company that has received a Job Creation Tax Credit from the State of Ohio. Dublin was in competition with New York and Los Angeles for the location of this company. Nationwide is one of their largest clients and they saw a need to be located in close proximity. The incentive provided is a $15,000 technology grant and it does meet the 25 percent local match component toward the state incentive. There will be a second reading/public hearing at the October 2 Council meeting. Ordinance 60-06 ~ Authorizing the Provision of Certain Incentives for Purposes of Encouraging the Establishment by Crawford Hoying, Ltd. of Its Operations and Workforce within the City and Authorizing the Execution of an Economic Development Agreement. Vice Mayor Lecklider introduced the ordinance. Ms. Gilger stated that Crawford Hoying has outgrown their leased space outside of Dublin and they have identified 555 Metro Place North in Metro 2 as their new home. Because it is an older facility, the City is offering a $15,000 technology grant to help them upgrade prior to move-in. They will be moving in 35 employees and plan to add 10 more employees over the next two years. Mayor Chinnici-Zuercher asked if they are leasing or purchasing the building. Ms. Gilger responded they are leasing, but they do hold some ownership in the building. j j Ms. Salay stated that there seems to be an ongoing rejuvenation of the Metro Center. Ms. Gilger agreed, noting that some of the rejuvenation began when Cardinal moved in and took an entire facility. The lease rates have been very competitive and there are many upgrades in process. Staff has encouraged technology upgrades so that they can compete I' in the marketplace with newer facilities. Vice Mayor Lecklider stated that over time, with installation of sidewalks and with the rollout II of the WiFi, Metro Center will continue to be a competitive area within the community and region. Mayor Chinnici-Zuercher asked if the principals of the company live in Dublin. Ms. Gilger responded that is correct, and much of their business is in Dublin as well. (At this point, Mr. Reiner arrived.) There will be a second reading/public hearing at the October 2 Council meetin . 9 Ordinance 61-06 '~I Authorizing the Provision of Certain Incentives for Purposes of Encouraging the Retention and Expansion by Foresight Corporation of Its Operations and Workforce within the City and Authorizing the Execution of an Economic Development Agreement Ms. Salay introduced the ordinance. ~I RECORD OF PROCEEDINGS Minutes of EJty-CST Meeting DAYTON LEGAL BLANK. INC., FORM NO. 10148 September 18, 2006 Page 6 Held 20 Ms. Gilger stated that Foresight has outgrown their space in Dublin and they have been searching in both Dublin and Hilliard for a new location. Dublin has been able to offer them a $35,000 technology grant for a location at Metro Center, payable over four years. N There is a 20 percent performance incentive as well, and it will be tracked in new jobs and payroll growth not on the current jobs. They are committing to grow from 42 to 72 tiM: employees by 2010. Foresight is a technology solutions company whose focus is health care. There will be a second reading/public hearing at the October 2 Council meeting. INTRODUCTION/PUBLIC HEARING -RESOLUTIONS Resolution 70-06 Intent to Appropriate a 3.449 Acre, More or Less (Present Road Occupied), Fee Simple Interest, From Lawrence Hall and His Unknown Heirs, Legatees and Devisees, Located West of U.S. Highway 33 and North of State Route 161 (Post Road), Township of Jerome, County of Union, State of Ohio. Ms. Salay introduced the resolution. Ms. Brautigam stated this is part of the City's strategy to acquire properties in the Central Ohio Innovation Center in order to do the reconfiguration of the roadways. Mr. Hammersmith can respond to questions. John Wirchanski, 160 Franklin Street, Dublin stated he has resided in this location for 30 years. He was surprised to see this legislation. He is Lawrence Hall's grandson and came to tonight's meeting due to his interest in the rezoning matter on the agenda. His mother is present, who was Mr. Hall's only daughter. They had no knowledge this would be discussed tonight. In that this is adjacent to and part of his farm, he would expect to have received notification. His family -the Lattimer, Gorden, Geese and Hall families - were all founders in this area. His property is called, "Hall's Corner" and is north of Post Road, along both sides of US 33. It has been under one family's ownership for over 170 years. They purchased, cleared, improved and farmed Hall's Corner. He feels honored to own this farm since his grandfather, Lawrence Hall died in 1990. About two years ~ ago, when plans were announced for interchange improvements, he and his mother met with the Dublin City Engineer and requested a plan that would save as much of Hall's Corner as possible. They did not object to improvements to the interchange and, in fact, j he offered to donate a portion of his land for the widening of the current off ramp. Instead, the most destructive and expensive plan was chosen, not only taking over 15 ~ acres of his land, but the entire corner, while at the same time forcing the closure of Industrial Parkway. Conveniently, this plan uses not a single foot of Dublin's land and improves its value while decreasing his. He asked, "What is Hall's Corner if there is no j' corner?" He proposed an alternative configuration which changes only one off ramp in the original Dublin plan. It would allow Industrial Parkway to remain open and save the City of Dublin over $10 million in right-of-way costs, construction fees and damage to ~ residual properties. The relocation of Industrial Parkway in itself, with two large suburban roundabouts in a commercial area is a mistake. The business owners in the area are now beginning to realize this. Overall, the general process of dealing with this issue through Dublin government has been lacking. He has been involved in politics for quite a few years -both here and in Florida. His cousin was a former Mayor of Dublin. I ~I It came as a shock to be called to a meeting with the Dublin City Engineer, handed a ~ it plan and told this is the plan. Each meeting has seemed only a courtesy, as all of the i ~ decisions have already been made behind closed doors. It is demonstrated tonight in ' that he was not even notified of this scheduled legislation. Mayor Chinnici-Zuercher noted that the summary from the Legal staff indicated a title;' search was done and there were no errors. However, Mr. Wirchanski is now stating he is a relative of the property owner. Ms. Readier responded that a title search was done and there were numerous transfers over time. This is the first she has heard that Mr. Wirchanski is an heir of Mr. Hall; she was told a search was done and that there were no heirs located. There have been i multiple transfers of property, which ended with Mr. Hall for roadway ownership. Then li the parcel was transferred several times, and each time it was transferred, that roadway portion was exempted. This resolution relates to the land that begins at the property line and goes to the center of the road. ~ i I RECORD OF PROCEEDINGS Minutes of ~C Meeting DAYTON LEGAL BLANK. INC.. FORM NO. 10148 September 18, 2006 Page 7 Held 20 Mayor Chinnici-Zuercher asked if the issue of heirs is relevant or irrelevant to this resolution. Ms. Readler stated that for all practical purposes, it is worthless property. It is present road occupied and has no value. The notification part was related to the regular title search. It is her understanding that the title search ended with Mr. Hall. ~ Mr. Keenan asked if the road was dedicated long ago. Ms. Readler responded it was not dedicated. It was left out in the legal descriptions when the property was transferred. There was a segment of the road that was not owned by anyone. Mayor Chinnici-Zuercher asked if it can be determined whether this land was left out intentionally. Ms. Readler responded it was likely left out in error. Mr. Hammersmith added that in many cases, it will exclude the present road occupied in order not to pay taxes on that portion. Mayor Chinnici-Zuercher asked for confirmation that the property now contains roadway. Mr. Hammersmith confirmed this. ~ Mayor Chinnici-Zuercher asked Mr. Wirchanski to clarify his and his mother's relationship to Mr. Hall. Mr. Wirchanski responded that Mr. Hall was his grandfather. He asked to view a map so he could determine exactly where the land is located that is under discussion. They have recently had several surveys done, so he needs to compare it to his surveys to see if it has been included. I Mayor Chinnici-Zuercher recommended that Council consider postponing this resolution to ensure that the issues raised have been clarified, and so that Council can be assured about the relationship of the heirs to this property. Mr. McCash also asked for a copy of the deed that is of record for this property. ~ ~I; Ms. Brautigam agreed to provide this. Ii Mayor Chinnici-Zuercher moved to postpone Resolution 70-06 until the October 2 meeting, so that staff can provide the information requested. Vice Mayor Lecklider seconded the motion. Vote on the motion: Mr. Keenan, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr. McCash, yes; Ms. Salay, yes; Vice Mayor Lecklider, yes; Mayor Chinnici-Zuercher, yes. Resolution 71-06 'I Intent to Appropriate a 0.893 Acre, More or Less (Present Road Occupied), Fee Simple Interest, From Adria Laboratories, Inc., and Its Unknown Successors, Transferees and Assigns, Located East of Industrial Parkway and North of State Route 161, Township of Jerome, County of Union, State of Ohio. Vice Mayor Lecklider introduced the resolution. There were uestions raised re ardin the exhibits and attachments. q 9 9 Ms. Brautigam suggested that this resolution be postponed until October 2 as well so that the documents can be reviewed for accuracy and reordered if necessary. I I Mayor Chinnici Zuercher moved to ost one Resolution 71-06 until the October 2 p p meeting. Vice Mayor Lecklider seconded the motion. I!' Vote on the motion: Mr. Keenan, yes; Ms. Salay, yes; Mr. Reiner, yes; Mr. McCash, yes; Mrs. Borin es; Vice Ma or Lecklider es' Ma or Chinnici-Zuercher es. 9 Y , Y Y , Y Y Resolution 72-06 Acce tin the Amounts and Rat i es as Determined b the B ud et Commission P 9 Y 9 Authorizing the Necessary Tax Levies and Certifying Them to the County Auditor. Vice Mayor Lecklider introduced the resolution. Ms. Brautigam stated this is required by state statute and must be filed by October 1. Ms. Salay added this document approves the inside millage to be collected. ~i i Vice Mayor Lecklider stated he recalls that if the City were not to collect all of the inside li millage, another public entity could do so. r l I I RECORD OF PROCEEDINGS Minutes of _ _ Meeting DAYTON LEGAL BLANK, INC.. FORM NO. 10148 September 18, 2006 Page 8 Held 20 Ms. Brautigam agreed. ~ Mr. Keenan noted there are ten mills in total being collected by various entities -the schools, the library, the townships -and the total of that is unvoted millage or inside millage. If an entity ceases to collect some of the inside millage, another entity could request it. Ms. Brautigam stated that is correct. Vote on the Resolution: Mrs. Boring, yes; Mr. Keenan, yes; Mr. Reiner, yes; Mayor Chinnici-Zuercher, yes; Mr. McCash, yes; Vice Mayor Lecklider, yes; Ms. Salay, yes. Mr. Keenan asked about the 1.2 mills. Is that a police levy and is it outside millage? Ms. Brautigam responded that Ms. Grigsby had indicated to her that over time, it has been collected at a lesser and lesser rate, and now it is 1.2 mills. Ms. Hoyle stated the police levy is inside millage. As it decreases, the City continues to collect the total. Mr. Keenan asked why it is shown in the column as outside millage. If this is incorrect, the collection will not be made. Vice Mayor Lecklider noted that on the memo, it indicates it is outside millage. Ms. Brautigam stated that the resolution as drafted is accurate. OTHER • Report re Water and Sewer Service Survey Mayor Chinnici-Zuercher stated that a letter was received today by a-mail from Attorney Michael Shade requesting Council not to have the presentation tonight, as he has not I had sufficient time to review the results of the survey on behalf of his clients. Personally, she recommends Council proceed with the presentation, as there is not a vote taking place tonight. This is the first step in the process and Council will need to give direction to staff regarding the next step. She does not believe there is a reason to delay the presentation. She asked for comment from other Council Members. Mr. McCash stated he agrees, as many have been waiting for this update on the survey results. Vice Mayor Lecklider agreed, noting that Council could benefit from hearing this ~ presentation tonight. Ms. Houle stated that tonight's presentation focuses on the results of the interest survey done at Council's direction of the unserved areas of the City. • She reviewed the process which consisted of a mail survey to those properties not currently served by municipal water and/or sewer systems. Staff employed Saperstein and Associates, a professional survey firm, to tabulate and report the ~ ~ results. A mailing was done on June 26 and the responses were due back on July 12. Because less than 40 percent returned the surveys, Saperstein recommended a second mailing be sent to all those who did not respond. That i~ was done on July 18 and 19, with a second response date of July 28, 2006. Because the surveys continued to come in after the deadline, Saperstein was directed to continue to accept them up until September 5, due to the need to compile the results. All of the results of the surveys received up until Labor Day are included in the tabulation. ~ • For areas surve ed the breakdown for this surve was 22 versus 12 to 14 in the Y Y first survey. Staff tried to determine by which lines the areas would be served I and broke down the areas accordingly. 'i • In the last survey, there were questions about vacant lots, unaddressed properties, side parcels and buildability of lots. Because a question was also asked about a special assessment and because all properties would be included in such a district, Y. _ . surveys were sent out to both addressed lots in the area and unaddressed properties, by identifying the responsible party. Because the last survey dealt in large part with only the addressed areas, the summary includes only the addressed ar eas. This is to allow f r o com ari son with the 2004 results. P I ~I li RECORD OF PROCEEDINGS Minutes of Diiblii 1~ Ci y Court Meeting DAYTON LEGAL BLANK, INC.. FORM NO. 10148 September 18, 2006 Page 9 Held 20 Ms. Salay asked if there were to be an assessment, would it be done on a per front footage basis or per parcel? Ms. Hoyle responded the law allows it to be done either way. Staff would have to determine the most reasonable way to do this, if the decision were made to have a special assessment district. Most assessments are done by front footage. I Mrs. Boring asked about the Bellaire Avenue properties. She recalls that sewer was provided to those properties previously. This is area 19. Ms. Hoyle responded that area 19 has water, but not sewer. Mrs. Boring noted that along the Scioto River, the properties have sewer by means of the line that serves the zoo. These are indicated as a "no response" on the results. Mr. Hammersmith responded that the zoo line is a force main that comes down Riverside Drive. He does not believe these properties are served. There is a trunk sewer that comes through this area. Mrs. Boring asked staff to check this out, as she understood the properties that back to the Scioto River had sewer. Ms. Hoyle stated there was an opportunity in the survey tool to respond that a property already has the service. She will verify their status with the Engineering department. • Ms. Hoyle stated that an additional feature of the 2006 survey was a question about willingness to participate in a special assessment district to finance the extensions. Most responders who indicated interested in service extensions also indicated they were not interested in participating in a special assessment district to finance the extensions. ~ • A comparison of survey results from 2004 to 2006 was provided. She noted that in many cases, the response rate for interest in service was greater. Only in one area was it significantly greater to the point that it went to the level of 86 percent. In large part, the survey results were identical to 2004. There were some areas with a very ~ low response and further research will be needed about this. j ~ • She noted that there was a significant drop in interest for Tonti Drive, but there has been a significant change in property ownership. Mayor Chinnici-Zuercher recalled that in 2004 and perhaps prior to that, there was a ~ required threshold of interest to be met before Council would consider moving forward. She spoke to Vice Mayor Lecklider about this as well, and they recall it may have been 90 percent. A high level of interest was required because the City would ultimately mandate tap-in if the lines were extended at City expense. Ms. Hoyle responded that to her knowledge, this was brought up but was never decided upon. i Mayor Chinnici-Zuercher suggested the minutes be reviewed regarding this discussion. ~ Ms. Salay recalled this discussion related to concerns about forcing the services upon residents who were not interested in them. Ms. Hoyle stated that an ordinance approved by Council states that if the City funded 50 j percent or more of the extension, connection would be mandatory. She does not recall the 'I level of interest for the Indian Run area. Mr. Hammersmith recalls that discussion took place about a percentage, but there was no formal number adopted. As projects would come forward for consideration in future I i programming, Council directed staff to inform the residents that the expectation would be for ahigh - 80 to 90 percentage of participation in order to be considered for programming. I~ • Ms. Ho le summarized the res onses for interest rester than 50 ercent. For Y p 9 p ~ water, these include area 3, west of Riverside north of Summitview where 12 of 14 responded positively; in the Dublin Road/Locust Hill Lane area where, 6 of 9 responded positively. For sewer, three areas responded with 50 percent or greater interest, including Brand Road, 2 of 2; area 3, 11 of 15; area 2, Sawmill/Summitview, 8 of 16. There is a question which was raised about area 2 ~ where there is significant vacant undeveloped land in the northern portion. There are also two parcels owned by AEP, one with an address and one without which contains a substation. Theoretically, the City would not run a sewer line along the undeveloped parcels, but would wait until future development takes place which j would bring utilities. i I I RECORD OF PROCEEDINGS Minutes of Meetin DAYTON LEGAL BLANK. INC.. FORM NO. 10148 September 18, 2006 Page 10 Held 20 Therefore, area 2 could be viewed as stopping at 8171 Sawmill, which would change the calculation to 8 of 13 addressed parcels voting positively, effectively raising the percentage to 62 percent. Realistically, the City would not run a sewer line up to a substation. This is an alternative to consider. In response to questions, Ms. Hoyle clarified that a future line would stop at 8175 Sawmill, not 8171. Mayor Chinnici-Zuercher asked who owns 8295 Sawmill. Ms. Hoyle responded that it is not a developed parcel. Mayor Chinnici-Zuercher asked about the property east of the AEP site. Ms. Hoyle responded it is a house. Mayor Chinnici-Zuercher stated that the survey indicated a response was sent, but does not indicate what the response was. Ms. Hoyle responded they returned a blank survey. • In regard to the possible next step, if Council would decide to act on these surveys, what would be needed is preliminary design and cost estimates for the areas with the greatest rate of response. Funding for design costs would be needed in the 2007 operating budget, and the projects could then be considered for funding in the 2008-2112 capital budget process. I Mayor Chinnici-Zuercher invited public testimony. Sherman P. Liddell. 3838 Summitview Road, Dublin stated that what he wanted to discuss was answered by Mrs. Boring prior to the meeting tonight. He is questioning Council's refusal to honor the request to consider this matter at a later date. He has some background in statistics. It is easy to see that the number of 16 in area 2 should actually be dropped to 12, as there are four questionable ones. That is precisely the reason why their attorney should have the chance to review this. Their attomey had been prepared to set ~ ~ time aside earlier in the season, but it took a much longer time to have the survey results ~ available. He had no word of this until a couple of days ago and Mr. Shade already has his workload determined. This is not what is expected in a democratic republic. it Ms. Hoyle asked which properties would be dropped to bring the number in their area to 12. Mr. Liddell responded that one was hearsay, and Ms. Banks can account for her properties. In fact, she desires service on both of her properties, not just one. Apparently, for the ~I I'~ Briggs property, the sewer would not be brought up that far, so both of the substation ~ j properties belonging to AEP should be dropped. Therefore, there are potentially four less properties in the computation. Mayor Chinnici-Zuercher stated that Ms. Hoyle has indicated that if those properties are removed from the equation, the participation rate is 60 percent. That has already been stated. Mr. Liddell stated that the 16 number would be dropped to 12, and 8 of those 12 desire the service. Ms. Ho le res onded it is actual) 13. Y P ii Y Mr. Liddell stated the church already has a sewer tap that was paid for by Schottenstein, and they are waiting to have the funds available to run the line from their tap. If this property is being counted in the total, the number should be reduced to 11. Mayor Chinnici-Zuercher asked staff to review this particular area and provide new charts. In that way, everyone will have the same information. ' Discussion continued about the computation of the properties for area 2. Ms. Hoyle stated she will provide the different configurations and related percentages for ~ Council's consideration at the next meeting. Diane Banks. 8295 Sawmill Road stated she is present because Attorney Michael Shade did not receive all of the information until late Friday. He sent letters requesting that Council table this until October 2 because he has issues regarding some discrepancies in the information. With that in mind, the honorable thing for Council to do is to table this until October 2 so that all of the facts can be corrected and appropriate discussion can take place at that time. i RECORD OF PROCEEDINGS Minutes of Dt;blin Cit~TGe~neil Meeting DAYTON LEGAL BLANK INC. FORM NO. 10148 September 18, 2006 Page 11 Held 20 Mayor Chinnici-Zuercher noted that Council has previously decided to have this presentation and that is why Ms. Hoyle has provided it tonight. Council has instructed staff to provide updated information for Area 2, based on the discussion tonight, and to return to " Council on October 2 with the different scenarios of who would be included and who would not be included and how that percentage of interest would be impacted. The reason this item was not heard until tonight is that many of those surveyed did not respond in a timely manner, and Council felt it was to the benefit of the residents to send another survey to those who had not responded. Staff and Council have done a good job of surveying, and everyone has had more than ample opportunity to provide a response. At this point, the instruction given to staff is that area 2 be brought back with different scenarios, depending upon which properties are excluded, and further clarification about Bellaire Drive's existing services. She asked for input from Council about whether they feel prepared to give phase two direction to staff regarding bringing back the costs for the areas with the highest response. Council would need to define what percent would signify adequate interest. Staff has provided information indicating water interest in area 3 at 86 percent and area 17 at 67 percent; and for interest in sewer service, area 10 at 100 percent, area 3 with 73 percent, and Council has requested additional information for area 2. Ms. Salay stated that Council made a decision a few years ago about the circumstances under which the City would undertake projects. One was that a very large percentage - higherthan 60 or 70 percent -must be interested in service. Secondly, a consideration was that funding is available in the water and sewer funds and that it would be extraordinary to use other City funds. She would like staff to review the decision of Council at that time, as Council closely examined the pros and cons and the issue of fairness . For the sake of precedent setting, it is important for Council to be conscious of all aspects of their decision. There was extensive discussion of these matters previously, and she would ,a personally benefit from rereading a summary of the process from that time. Ms. Hoyle responded that she will research this and provide that information to Council. Mayor Chinnici-Zuercher added there is much documentation in the records about the previous decisions of Council in this regard. Ms. Hoyle added that she will provide copies of the original surveys, if desired. Mayor Chinnici-Zuercher responded this is unnecessary, as staff has provided the comparison of the 2004 and 2006 survey information. Mayor Chinnici-Zuercher invited additional public testimony. Joe Ryan, 8267 Riverside Drive asked about the property at 8159 Riverside Drive. Mr. Loveland already has water services. Ms. Hoyle stated he was excluded from the total. The first property counted in the total is that of Mr. Masteller. Mr. Ryan stated it is not marked on the summary. It indicates a response of "no" for the sewer. Ms. Hoyle stated that he responded that he already has water service, so he was excluded from the total. Discussion continued about the total number of properties involved for this area. Mr. Ryan summarized that Ms. Hoyle indicates there are 12 out of 14 properties interested, and he believes there are a total of 13 properties interested out of 15. The property at 8283 indicates no response, but he spoke with the property owner today who indicated he responded to the survey that he is interested in water and sewer services. , Mayor Chinnici-Zuercher asked where the surveys were sent and whether an envelope was provided for the response. Ms. Hoyle responded there was an envelope provided and the surveys were returned directly to Saperstein. Mr. Ryan noted that the owner of 8283 Riverside does not live in the house. Mr. Ryan was picking up his mail and delivered the survey to the property owner. Mayor Chinnici-Zuercher pointed out that in any case, the area already has an 86 percent response as interested in service. Mr. Ryan stated he would prefer to have the response rate for interest in services even higher, if possible. RECORD OF PROCEEDINGS Minutes of L~ut~lin amity-~~euncil Meeting DAYTON LEGAL BLANK INC. FORM NO. 10148 September 18, 2006 Page 12 Held 20 Mr. Ryan noted that in the Dublin Villager, there was a small article on April 10 that the City's Community Relations division was switching from well to city water. Although the drinking water is safe, as the well is checked four times per year to ensure that, the City will M spend $14,000 to provide safe drinking water for the property. He has the same issue with his water and sewer, as it is unhealthy and the problem has existed since the time _ Wedgewood was constructed. Is a City employee more valued than a resident? Ms. Salay responded it is Council's responsibility to ensure the City employees have safe conditions to work in at City-owned buildings. Mr. Ryan's situation involves a private residence, not a public facility. Ms. Hoyle added that water service for the Community Relations building will require a service line extension, not a main line extension. Mr. Ryan noted that his issue is also one of health and safety. During recent rains, his water had mud and silt in it once again. Mr. Reiner asked about the depth of Mr. Ryan's well. Mr. Ryan responded his well is 100 feet deep and is cased 59 feet. For every residence logged on Riverside Drive, his well is as deep as or deeper than 95 percent of the wells. Mr. Hammersmith has suggested a double cased well, as there are quite a few at 4400 and 4500 Dublin Road. He also has all of the well logs for 4400 and 4500 Dublin Road and they are all around 80 to 100 feet deep. There are some at 50 feet with casing 12 feet. His well is as good as or better than most wells. The problems have occurred as a result of the Wedgewood development and it is very obvious. A letter from Mr. Hammersmith indicates that the reason Mr. Ryan's well is bad is because it is not deep enough and is not cased enough, and that some of the surrounding neighbors have double casing and are deeper than his well. The wells on both sides of Mr. Ryan's home are 80 feet deep and cased 50 feet. Mayor Chinnici-Zuercher summarized that Council has all of his information, but Council is not planning to make a decision tonight on this matter. The survey results show that a r ~ great majority of residents on Riverside Drive have indicated their interest in service. Mr. Ryan pointed out that it is the same count as in 2004, but that survey was problematic. The same residents are involved as in 2004. Mayor Chinnici-Zuercher asked Ms. Hoyle if there is additional information that staff would like to share tonight. Ms. Hoyle responded there is no additional information. Mayor Chinnici-Zuercher summarized that Ms. Salay has requested that the information from the previous Council discussion be included in the packets for October 2, together with the other information requested. Do other Council Members want to move forward on giving direction to staff tonight, or do they want to postpone this until October 2? Ms. Salay asked if other Council Members would be interested in information about a property assessment project, as she has not been involved in such a project during her service on Council. If this can be defined in an easily understandable format for residents, estimating the payback over a defined period of 10 or 20 years, it would be very useful for areas that do not demonstrate a high percentage of interest. If a resident's situation is truly dire, this would offer an option to them. Vice Mayor Lecklider agreed he would like to have this information. , Ms. Brautigam asked for clarification - is Council interested in this information for each of the areas or for only the top areas of interest described by staff? It was the consensus of Council to have this information for the top areas of interest in _..d service. Mr. Keenan added that he assumes the cost estimates would include the needs for lift stations or other items associated with the service. Mr. Hammersmith responded that preliminary engineering would be required, which would define what would be necessary to serve the area, including estimated costs. He supports providing this information for only the top areas of interest for water and sewer, because there are 22 areas defined in the study. Mr. Keenan noted that if a grinder pump is required, he would want that cost information included. RECORD OF PROCEEDINGS Minutes of Dublin Cit~Cnuacil Meeting DAYTON LEGAL BLANK INC. FORM NO. 10148 September 18, 2006 Page 13 Held Zp Mr. Hammersmith responded that for the Indian Run area, the residents were responsible for paying for a grinder pump in lieu of a deep lateral in rock. Mr. McCash stated that he would support having the cost of installation and the assessment information for the top areas as described. Mrs. Boring asked if information could be provided about past assessment projects for the then Village of Dublin when sewer and/or water lines were extended and how that was handled through the tax process. Diane Banks, 8295 Sawmill Road offered comments to help Council in their decision making. In terms of the vacant land and the staff comment about the City not providing sewer service to those properties, when this property was annexed in the Sawmill/Summitview area 33 years ago, it was stated that sewer would be provided to all properties within a reasonable time. She feels at this point that 33 years is a reasonable time within which all properties should be given sewer service. She is hopeful that Council takes all of that into consideration. Mr. Reiner asked if that commitment was made by City Council or someone else representing the City. Ms. Banks responded it was in the City documents. Ms. Brautigam responded that pursuant to the annexation ordinance, a statement of services is made about the abili of the City to provide services within a reasonable period of time, not that the City will do so. Mayor Chinnici-Zuercher added that does not address how the services will be provided, and nearly every City does this by an assessment process. That remains as an option for funding the extensions. Ms. Banks stated that she wants to ensure that Council is aware of that information in their decision making process. Mr. Reiner asked for confirmation that she recollected that the City would provide services if they were able to provide them. Ms. Banks responded that her recollection is that they would have sewer services provided by the City within a reasonable period of time. Mr. Reiner stated that he does not believe that was the commitment. Ms. Hoyle added that staff will provide the documents which indicate the exact language from the annexation. Ms. Salay noted that the City is updating the Community Plan at this time. Has City staff considered the development potential for these areas? In at least one of these areas, discussion has focused on something rather different from what exists today. Future development potential seems to be relevant to this discussion. Vice Mayor Lecklider agreed this is a valid point, especially as it relates to the parcel at Sawmill and Summitvew. It is envisioned to have a far different character from what it is at present. Mayor Chinnici-Zuercher summarized that staff has been given direction on items needed for the October 2 discussion of this matter. She noted that the residents are now apprised that Council will be discussing this matter at the next meeting. In response to a comment from the audience, the Mayor indicated that staff will provide copies of any documents related to the annexation of this area. STAFF COMMENTS Ms. Brautigam noted there are no further staff reports. COUNCIL COMMITTEE REPORTS Finance Committee recommendation -Arthritis Foundation hotel/motel tax grant application Mr. Keenan, Chair reported the Committee met last week to hear the application for the Arthritis Foundation. The earlier review was done to enable the applicant to include the City in all advertising opportunities and promotional materials for the 2007 Classic Auto Show and Cruise-in. A representative of the Arthritis Foundation was not present for the hearing. The recommendation from the Committee is fora $7,500 grant plus use of the RECORD OF PROCEEDINGS Minutes of Dublin Cit~Council Meeting DAYTON LEGAL BLANK INC. FORM NO. 10148 September 18, 2006 Page 14 Held 20 City Showmobile for two days at no cost. This represents an increase in funding over last year's grant. Mr. Keenan moved approval of the recommendation. ~ Ms. Salay seconded the motion. Vote on the motion: Mayor Chinnici-Zuercher, yes; Mrs. Boring, yes; Mr. Reiner, yes; Vice Mayor Lecklider, yes; Mr. McCash, yes; Mr. Keenan, yes; Ms. Salay, yes. • Administrative Committee recommendation - 2007 Medical/Health Management Program and Dental Benefits Enhancement Vice Mayor Lecklider, Chair reported that the Committee met this evening and had an informative presentation by staff regarding the implementation of the health management initiative undertaken last year. They provided some information about the accomplishments up to this point and the plans for the next few years. A copy of the PowerPoint presentation was provided to Council on Friday. If there are any questions from Council about the information, staff can address them. There was no Council recommendation necessary for the continuation of the health management initiative. However, after review, the Committee is recommending some improvements to the dental benefits: (1) increase the maximum allowable coverage for major services from 50 to 75 percent; (2) increase the combined annual maximum for major services from $1,500 per person to $1,750 per person; (3) increase the coverage for orthodontia services from $1,000 per person to $1,500 per person. These changes will take the City to a midpoint or better in each_of these categories in comparison to the other entities surveyed. There was some discussion regarding the major services category of increasing the maximum to $2,000, but the Committee concluded they will review the claims experience over the next year and perhaps revisit this item next year. Mrs. Boring noted that an exciting new component of the 2007 health plan is the provision of a personal health coach for plan members. This will be brought forward ~w within the 2007 operating budget hearings. Mayor Chinnici-Zuercher asked for clarification about the maximum allowable percentage. Vice Mayor Lecklider stated that the Committee recommends an increase of the maximum allowable coverage for major dental services from 50 to 75 percent. Mayor Chinnici-Zuercher asked about the $1,750 combined annual maximum. Because there are only two cities greater in terms of coverage, and the remainder are $500 or $250 lower, why was it recommended to go to $1,750? Vice Mayor Lecklider stated his understanding is the rationale is that in increasing the major services percentage from 50 to 75 percent, if there was not a correlated increase of the combined annual maximum, that percentage increase would not be meaningful. The Committee felt a corresponding increase was warranted for the combined annual maximum. In fact, some questioned whether the increase of $250 was adequate and whether it should be increased to $2,000. It may be revisited next year. Mrs. Boring noted that Ms. Hoyle had indicated that the increase to $1,750 would have little detrimental impact and would provide an enrichment to the benefit package for employees. Ms. Salay stated that in reality, this is an already rich program, but the fiscal impact of these changes is viewed as minor in relation to the City's $4 million health plan. Ms. Salay added that the emphasis of the overall health management initiative is that the , City cares about the employees. It is not merely about cost containment, although that is a side benefit of these changes. It is beneficial to the City to have healthy employees. She asked about the flexible spending accounts, whether they have been well received and whether they are easy to administer. Mr. Harding responded they have been received very positively as a way to offset the increase cost sharing for prescription drugs. There have been no issues with administration of this program. Mr. Harding added a caveat to the Committee's recommendation, clarifying that these benefit changes are for the non-union employees only. Changes in benefits for union employees are subject to negotiation. Vice Mayor Lecklider concurred with this clarification. RECORD OF PROCEEDINGS Minutes of Meetin DAYTON LEGAL BLANY. INC. FORM NO. 10148 September 18, 2006 Page 15 Held Zp Mr. Reiner asked if there will be any complications with the union as a result of this decision. Mr. Harding stated that staff's viewpoint is that these are benefits and they cannot be unilaterally implemented without negotiation. Negotiations will occur next year with both the Steelworkers and the FOP. Staff's position is that all facets of the program - compensation and benefits -will be considered in the negotiation process. Vice Mayor Lecklider stated that practically speaking, benefits fall into the category of wages and unilateral changes cannot be made without bargaining. Mayor Chinnici-Zuercher asked who will perform the health screenings for the City. Mr. Harding responded that three opportunities will be provided to have the screenings done on site, but another option is for an employee to have these screenings at their private physician's office. Ms. Salay clarified that the on site screenings would be done by an outside health service, not by the City. Mayor Chinnici-Zuercher asked if an employee chooses not to have the screenings, what is the cost to them for health benefits. Mr. Harding responded that the projected monthly cost for 2007 is $25.00 for single coverage and $50.00 for family coverage. This is five percent of the estimated cost of insurance coverage. Mr. Keenan noted that he was present at the Administrative Committee meeting. When various components of a City's plan are compared to other entities, there is always a danger in not looking at the plan comprehensively. Dublin has a very rich plan which includes vision care, employee wellness programs and dental coverage. He will likely vote against the enhancements, as he believes the benefit program is very rich as presently configured. Mrs. Boring responded that the discussion at the meeting was that good dental care is now recognized as important to good health. The maximums have not been raised for years, although costs have risen dramatically. If the City is promoting a wellness approach, it should carry over into the dental benefits so that employees have major dental work done when it is needed. The total benefit package is appropriate for the City. Vice Mayor Lecklider moved approval of the enhancements to the dental plan as outlined. He commented that the enhancements to the dental plan had been under discussion at the Committee level previously, and the Committee now has moved forward with the recommendation tonight. Ms. Salay seconded the motion. Vote on the motion: Mrs. Boring, yes; Mayor Chinnici-Zuercher, yes; Mr. Keenan, no; Ms. Salay, yes; Vice Mayor Lecklider, yes; Mr. Reiner, no; Mr. McCash, yes. COUNCIL ROUNDTABLE Mrs. Boring asked about the reopening of SR 745. She notes it is scheduled for September 29 and asked for an update from staff. Mr. Hammersmith responded that a fair amount of paving was done today, which involved the contractor working over the weekend. Staff is anticipating the reopening on the target date of September 29'h Mr. Keenan reported: 1. A US 33 Corridor Executive Committee meeting, followed by the Large Group meeting was held on September 7 at Millcreek Township. He and Mayor Chinnici-Zuercher represented Council. Further progress was made that evening on the Memorandum of Understanding. The next meeting is scheduled on September 26 at Jerome Township and the hope is to have a final draft of the Memorandum of Understanding that the various representatives can take back to their respective public bodies. 2. A meeting was held on September 11 with representatives of the Dublin Arts Council, City staff, Mayor Chinnici-Zuercher and himself, as he has previously reported tonight. 3. The DAC Board met on September 12 and much discussion took place regarding the Art in Public Places program. The Board has received the audit RECORD OF PROCEEDINGS Minutes of nublin Gity Council Meeting DAYTON LEGAL BLANK INC. FORM NO. 10148 September 18, 2006 Page 16 Held 20 report for the 2005 fiscal year. Although a quorum was not present and formal action could not be taken, the consensus of those present was that the DAC Board could encumber $25,000 in the 2006 budget for Art in Public Places. Mrs. Boring stated that may be an item for discussion. She does not believe that .p amount is adequate and as Council's representative, Mr. Keenan can report back on Council's feedback. She asked for input from the rest of Council regarding the adequacy of the $25,000 amount. Mr. Keenan responded it is not a matter of adequacy, but what is available. The issue which may require further discussion by Council is what will be available in funding for 2007. The discussion seemed to focus on an amount of $35,000, but some indicated it would create havoc with some other programming and staffing. Ms. Salay asked for confirmation that the DAC believes they would have $25,000 available in 2006 and $35,000 in 2007, which could be combined for the next public art piece. Mr. Keenan responded that is his understanding. Clearly, there are issues with the amount available in 2007. Whatever the expectations, the DAC believes that $35,000 is the amount feasible to contribute for the Art in Public Places program. Mrs. Boring stated that her feeling is the DAC -not Council has created "havoc" with the public art program as it currently stands. Certainly, there was an expectation of at least $80,000 in funding every two years at the outset of the art in public places program. Council expects more funding to be made available than what the DAC has indicated. If that means cutting programs, she is not averse to that. She invited input from other Council Members. Ms. Brautigam clarified information about the funding for the Art in Public Places program. The program began, as Council is aware, in the early 90's and at that point, a ~ project was done every two years at a cost of $75-80,000. However, the more recent projects were in the range of $150,000, so $75,000 a year over two years was the expectation for the future. In the conversation during the meeting with DAC, the message she heard was that the DAC is open to having the Art in Public Places program modified to a different type of process. For example, the $25,000 funding this year would not necessarily fund only one piece. The City, as the recipient of the pieces or pieces of art would make decisions about wanting more than one and having a somewhat different process from what has been done previously. It is possible that the dollars invested could be maximized in a different way. The process will likely change as this moves forward. Mayor Chinnici-Zuercher noted that what Mrs. Boring has put on the table is direction to Mr. Keenan to return to the DAC Board, indicating dissatisfaction with the $25,000 being set aside for 2006. In the meeting with Mr. Pigman, Mr. Guion and Ms. Jarvis, they indicated the DAC had greater income this year than expenditures and that excess was what was considered to be designated for the Art in Public Places program. The DAC was not designating 100 percent of the available funds, but only a portion of it. She is not certain of the total amount available within their budget. Mrs. Boring commented that it seems the public art funding from DAC now falls in the category of what is left over, and that it is not a planned and budgeted line item. _A Mayor Chinnici-Zuercher responded that her understanding is that the DAC was involved in a lawsuit related to the River Play project. The lawsuit has now been settled and the amount required to settle the lawsuit was $15,000. It was clear in the discussion that the expectation from the outset and continuing forward is that when the DAC budget is created, there is to be a line item for public art of a substantive amount. What Council is hearing is that the DAC's definition of "substantive" may be in the $35,000 range. This is a substantial departure of what had been expected from the time the agreement was done regarding the 25 percent hotel/motel tax funding allocation. Ms. Brautigam added that the Mayor made it clear in the meeting with the DAC that $75,000 per year was the expectation of funding for the public art program. RECORD OF PROCEEDINGS Minutes of Dublin Cit~Counril Meetin DAYTON LEGAL BLANK INC. FORM NO. 10148 September 18, 2006 Page 17 Held Zp Vice Mayor Lecklider asked for clarification about who had the expectation of a $75,000 line item in the DAC budget. Mayor Chinnici-Zuercher and Ms. Brautigam concurred that was the expectation that was clear in the documentation. Mr. Keenan asked if the actual number was written in a document. He is aware that there were projects done every other year where $150,000 was spent. Ms. Brautigam responded that when the original ordinance was approved about the allocation, no specific dollar amount for public art projects was set forth. Mr. Keenan responded that is the focus of the discussion. In addition, there is significantly greater programming taking place at the new facility versus the firehouse facility. Ms. Salay stated that perhaps the DAC views the arts programming as their contribution to the art and culture of the community. Mr. Keenan noted that because of the litigation with the River Play art piece, and the fact that the art in public places has been suspended, the funding was not set aside for public art in recent years. Ms. Salay stated that apparently the DAC now has a budget that does not include public art. Mr. Keenan agreed, noting the staff has grown over the past several years and that accounts for some expenditures. Vice Mayor Lecklider clarified that he recalls requesting additional documentation from Ms. Grigsby and she provided a summary of the history. Mayor Chinnici-Zuercher noted that Ms. Grigsby also provided the budget projections for the DAC and they included $70,000 earmarked for public art in each of the budgets. Mr. Keenan stated that he discussed this matter with former Mayor Kranstuber recently. He recalled that prior to the hotel/motel tax 25 percent allocation, the DAC submitted a budget to Council each year for approval. This review process did not place over the past few years. Therefore, there was not oversight provided by Council in recent years. Mrs. Boring stated that is why this topic is under discussion tonight. Mr. Reiner recalls that the assumption by Council was that the DAC would continue with the program as it was configured, but instead, they added staff and/or programming and did not budget for the art in public places. Ms. Salay noted that with the purchase of the new facility, the organization was obviously expected to expand their function. The expectation was likely higher and some of the programming formerly done at the Rec Center would move to the DAC. She did not serve on Council at that time, however. She is interested in reviewing how the commitment was memorialized in the documents. She is also interested in providing more oversight and having the public art program back on track. Realistically, it may not be possible to do this in a year if the DAC budget and programming is already set. There is an expectation level with the public for the programming. In her view, no one wants to see the DAC do less. Mayor Chinnici-Zuercher noted she agrees, but at the same time there is an obligation to the citizens in regard to the role of the DAC in art programming, in art in public places, and the regranting of monies to community art groups, i.e., Emerald Players, Dublin Singers, etc. What has occurred over the years is that the regranting monies have decreased to $4,000 distributed to these groups in total, as delineated in the draft audit document. That was not the expectation of City Council. In view of the a-mails about the public art discussion, Council should not conclude that because the DAC has not performed on the art in public places commitment that the City will use other public funds to do the program. If the DAC does not have the capacity to do the art in public places program because of programming, City Council needs to review the percentage of monies provided to the DAC out of the funds available for all of the arts related groups. This would be preferable than using other tax dollars for a function that City Council had understood the DAC had the capacity to do. She agreed that the City purchased the RECORD OF PROCEEDINGS Minutes of Dublin Cit~,ncil Meeting DAYTON LEGAL BLANK INC. FORM NO. 10148 September 18, 2006 Page 18 Held 2p DAC facility with an expectation that the DAC would offer enhanced services to the City, versus what had been possible in the smaller facility. Ms. Salay stated she agrees with the Mayor's comments and appreciates the clarification of some of the issues. However, she has a need to understand more about what the DAC is doing and what their expectations are. It seems there are some substantial differences of opinion among the DAC and the City. She is also interested in learning more about and further discussing the Art in Public Places program, including the percentage for the arts proposal. She wants to hear input from the public over and above the three a-mails sent on this topic. There needs to be a better understanding among the groups. Mr. Keenan stated he has seen substantially more a-mails in response to the issue. His thinking has evolved somewhat in terms of the proper funding vehicle for Art in Public Places, and it is his opinion, based on what he has heard, that the hotel/motel tax funds are a more appropriate source for funding of the program. One of the criteria for hotel/motel tax grants is to beautify and improve the community to bring in more visitors. After reading all of the a-mails and hearing input from the public, it seems more appropriate to fund public art from hotel/motel tax revenues. Mr. McCash stated that the City is providing 25 percent of hotel/motel tax revenues to the DAC. The City also gives 25 percent to the Dublin Convention and Visitors Bureau, per statute. In addition to the DCVB's 25 percent share, the City has provided them with a subsidy of $80,000 additional funds each year for rent over the past five years. Apparently, the DCVB could not live within their budget, and the $80,000 per year would have funded a public art piece. The arts are a quality of life issue for Dublin, similar to open space and parkland. If Council believes parkland is more important than arts programming, Council needs to communicate to the DAC that arts programming should be reduced or staffing should be reduced. Mrs. Boring stated that City Council gave a generous portion of hotel/motel tax revenues to the DAC with the expectation they would continue grant funding for various community arts groups. The 25 percent share given to the DAC does not pay for the entire building -the City is still subsidizing the facility. In addition, the maintenance costs for the buildings are also paid by the City. The intent at the time the ordinance was approved for the percentage allocation was that Council would review this matter every three years, and she acknowledged that Council has not done so. She agrees with the Mayor that Council should review the percentage provided to the DAC, because the DAC is not being held accountable to the terms of the original agreement. The intentions and responsibilities of both parties in the partnership were very clear in the ordinance. Mr. Keenan disagreed, noting it was not clear and precise because there was not a dollar amount listed in any documents. Mrs. Boring responded it was also written that the City expected public art each two years and that has not occurred. Mr. Keenan added that there is discussion among some of the Board Members that the DAC did not ask for this facility, that it was supported by the City as a great opportunity to purchase that property. Mrs. Boring responded that at the time, there was great enthusiasm and a tremendous partnership spirit among the parties. The City officials did express a concern about duplicating arts programming with that offered at the Rec Center, and she is not certain of whether that has occurred. Mr. Reiner commented that he believes the City is embarking on a "slippery slope" based on the calls he has received from business people in his ward about the proposal for the percentage for the arts. They were supportive of using hotel/motel tax revenues for public art, but using the general fund monies for art has not been well received. Mr. Keenan noted that his thinking has changed somewhat, based on the many a-mails he has received. RECORD OF PROCEEDINGS Minutes of Dublin Cit~Council Meeting DAYTON LEGAL BLANK INC. FORM NO. 10148 September 18, 2006 Page 19 Held 20 Mr. Reiner stated that those he has heard from indicate it is acceptable to advance culture and improve the aesthetics, but taking general tax monies for this purpose is not appropriate. Mr. Keenan noted that there is a significant amount of hotel/motel tax funds being allocated to the DAC. Mr. Reiner responded he had supported this allocation and had believed the DAC would be well funded into the future. Mayor Chinnici-Zuercher summarized that what was agreed to at the meeting with the DAC officials is that they are to engage Council significantly in the final phase of their strategic planning so that there would be input of elected officials and City staff in the process. In addition, in some communities there are arts and culture strategies which could be a part of a community plan. Mr. Guion has provided a sample of such a strategy to her and she will provide a copy to Council. The Dublin Community Plan is also being updated, and the Parks and Recreation area has some inclusion of this. It seems premature at this point to make formal decisions, as both the DAC and the City are involved in major planning efforts for the future. She is discouraged, however, as it was very clear at the Council meeting two weeks ago about the City's expectations of the DAC. However, the DAC continues to have their own expectations and do not seem to be responding to the City's expectations as expressed. Mr. Keenan noted that the $25,000 figure is what is available for 2006 and that is the situation. He relayed the message to the DAC that he believed the $35,000 of available funds for 2007 would not be well received by Council. The DAC has now heard this message at the Council meeting and again at the DAC Board meeting. For a frame of reference, he added that the DAC receives approximately $500,000 from the hotel/motel tax each year, and of that, $60,000 is paid as rent to the City. That rent increases yearly, based on a schedule established at the time the lease agreement was done. Mrs. Boring recalled that the hotel/motel tax 25 percent allocation was to be reviewed three years after adoption, because of some Council Members' concerns about the permanent commitment of funding. Subsequently, the opportunity came about to purchase the Gelpi mansion and the three-year review did not take place somewhat in recognition of the funding needed by the DAC to pay for the building. She is very discouraged to hear comments such as the DAC did not ask for the building, as there was a proposal in the past that the City take over the building for another purpose, but this did not occur. Mr. Keenan stated that in addition, he understands there was a lost opportunity for the DAC for fundraising on the premises due to some issues with the neighbors. Mrs. Boring emphasized again that the DAC, not the City has created the current situation under discussion. Vice Mayor Lecklider asked for clarification of the source of the additional monies provided to the DCVB. Mr. Keenan responded the monies were taken from the hotel/motel tax revenues. . Vice Mayor Lecklider commented that Council likely concurs that any additional funding for public art, if approved, should come from hotel/motel taxes. This belief is virtually unanimous among Council. He wanted to clarify, not only for the benefit of Council, but for the public that there is consensus regarding the fact that any increase in public art funding would come from the hotel/motel taxes and not from general revenue. Having said that, circumstances have obviously changed subsequent to the agreement with the DAC at the time of the Gelpi mansion purchase. Mrs. Boring makes a good point regarding the potential duplication of services, and this should be explored. Mrs. Boring also noted that the funding allocation was to be reviewed on a three-year cycle. Given the fact that their rent increases every year and that they add programming or increase programming, this should be explored. Mr. Keenan noted that there will be an opportunity for this exploration in the process of providing feedback to their strategic plan. RECORD OF PROCEEDINGS Minutes of Dublin Cit~Counril Meeting DAYTON LEGAL BLANK INC.. FORM NO. 10148 September 18, 2006 Page 20 Held 20 Ms. Salay noted she wants to clarify the Vice Mayor's comments. She is not certain there is consensus about abandoning the percentage for the arts program. Based on a ' handful of a-mails and not having the opportunity for other public comment, and given the fact there were some inaccuracies in the newspaper reporting and some differences ~.w in philosophy about the source of art funding, she still believes art is very important in the Dublin community. She would hate for Council to have gone this far with the percentage for the arts program - a program very successfully implemented in Loveland, Colorado -and Council's desire expressed at goal setting for the opportunity to do more projects, perhaps smaller only to abandon the proposal. Council also was interested in having art throughout the community, linking the open spaces. She does not want to see this initiative fall by the wayside in a discussion with the DAC about the expectations. The entire program should be reviewed comprehensively, and she is not interested in abandoning the percentage for the arts program -whatever would ultimately be agreed upon in terms of a percentage. It is a very worthwhile program. Vice Mayor Lecklider noted he is reacting to more than just a few e-mails. He had the opportunity to attend some block parties recently where he talked with some residents. However, he acknowledged there may be a need to better gauge the public's reaction to this proposal and what funding would be used for it. Mr. Keenan continued: 4. The Dublin Veterans Project meeting took place in early September. The committee members agreed the preferred site was appropriate. The Arts Council has been charged with setting up a panel of experts to select some artists so that an RFP/RFQ can be issued. The plan is to kick-off the process on Veterans Day this year and dedicate the project on Veterans Day 2007. 5. He noted the City has now come to an understanding with Hilliard City Schools about how the cost of the infrastructure improvements and related ~ items for the Hilliard elementary school in Dublin will be shared. He strongly supports the idea of districts identifying the associated infrastructure improvements needed for new schools at the time the bond issues are proposed to the voters. Ms. Brautigam noted that this was a suggestion from the Mayor. 6. Commented that the Ducky Derby fundraiser for the Dublin Counseling Center took place on Sunday and it was quite successful. Ms. Salay: 1. Thanked staff for the memo regarding the agreement with the Hilliard School district, as described by Mr. Keenan. She agrees that the infrastructure needs identification is a good suggestion as well. 2. Asked for confirmation from staff that the Monterey Drive/161 configuration will be addressed with the residents at the meeting on September 26. This is of more interest to them than the Centex development proposal for that area. The road configuration, the future of Monterey Drive and a clear understanding of the options needs to be provided to the residents. There is some angst over a redirection of Monterey to Corbins Mill Drive to access the signal, but there would likely be equal angst when residents understand the consequences of a signal at Monterey and 161 as the road exists currently. Mr. Hammersmith responded that the focus of the meeting is on the road configuration, ~..-_V not the development proposal. 3. Reported a problem at the former Duke and Duchess site owned by the City. This area needs to be cleaned up and seeded before winter to reduce the ~ mud situation. Mr. Hammersmith stated that he will notify Mr. Burns, Streets & Utilities of this request. Mrs. Boring expressed concern that the Centex proposal has not been approved, yet there is already discussion about the future of Monterey Drive. Has Council had buy-in regarding the future traffic circulation in this area? Mr. Hammersmith responded that the purpose of the meeting is to gauge the public's view about Monterey Drive and their hopes and desires for the future -either Monterey connecting to 161 or whether they would entertain a potential redirection to Corbins Mill. This is merely a public involvement and informational meeting. RECORD OF PROCEEDINGS Minutes of Dublin C'itT~ncil Meeting DAYTON LEGAL BLANK INC. FORM NO. 10148 September 18, 2006 Page 21 Held 20 Mrs. Boring noted she has some concerns about presenting concept plans to the neighborhood, when Council has not approved such concepts. Mr. Hammersmith responded this discussion focuses on a street alignment connecting ' at point a or point b, if development should occur on the property in the future. Mrs. Boring asked if leaving Monterey as it currently exists will also be an option presented. Mr. Hammersmith responded that will be presented, as well as a redirection to Corbins Mill. Staff is attempting to make informed decisions about future development on a parcel, with knowledge of the residents' preferences and desires. The concern is with moving a proposal far along in the review process without having input from the neighborhood. Mayor Chinnici-Zuercher stated that the issue Mrs. Boring is raising is at what point does Council have input into the various options and preferences. Mr. Hammersmith responded that Council generally asks staff about the preferences of the neighborhood when a development proposal is brought forward. This is a means to gauge the neighborhood preference. Ms. Salay recalls that both Council and Planning Commission had indicated interest in knowing the neighborhood's preference for street configurations, as there were consequences with both options. She had many calls about rumors in the neighborhood about the plans and contacted Mr. Hammersmith about the need for a meeting with the neighborhood to convey the correct information. If someone purchases a large tract of land in the area, however, it may change the options entirely. Mr. Keenan stated that the road redirection would impact only a very few residents in terms of traffic. Ms. Salay responded that the residents who live on Monterey and in the neighborhood are still very interested in this issue and its impact. There is a perception that road ~ redirection or traffic signals would change traffic patterns throughout the neighborhood. Vice Mavor Lecklider commented that on November 8, the Dublin City Schools have scheduled a family night, time set aside for the family without other activities. This same evening is scheduled for Council as a budget workshop. He is not aware of how this conflict occurs, but asked that Mrs. Boring, as Council's liaison to the Schools follow up on this. Discussion followed about the scheduling conflicts and the need for coordination in the future. Discussion continued about the possibility of modifying the budget meeting schedule and the various conflicts. Following discussion, it was the consensus of Council to maintain the schedule as adopted previously. Mavor Chinnici-Zuercher: 1. Noted that Colleen Marshall of Channel 4 interviewed her last week and taped a portion of the Mayor's Court session. She is not certain when or if this story will air. Apparently, Rep. Wolpert has introduced legislation which precludes very small cities from having a Mayor's Court. The video was to accompany a future story, however Colleen Marshall concluded that Dublin's professionally run Mayor's Court was not an appropriate example of what was proposed in the legislation. Vice Mayor Lecklider responded that he read recently that Rep. Wolpert was proposing that Mayor's Courts must be presided over by attorneys. Mayor Chinnici-Zuercher noted she believes that provision was eliminated. .y 2. Asked about the golf outing taking place in October related to the Irish Festival. Where are the proceeds from this outing directed? Ms. Brautigam believes the proceeds are given to the City to support the Irish Festival expenses, but she will check on this. 3. Noted that Cap Clegg received a mailing at his residence regarding the Erickson proposal. It included her name and home phone number and urged residents to contact the Mayor if they are opposed to the Erickson proposal. It was sponsored by a group called, "Dublin for Senior Housing." She asked if anyone can provide information on this group. RECORD OF PROCEEDINGS Minutes of n~~lin City .o m _il Meeting DAYTON LEGAL BLANK INC.. FORM NO. 10148 September 18, 2006 Page 22 Held 20 Ms. Gilger responded this is a local branch of the S.E.I.U. union organization opposed to the Erickson development. Mayor Chinnici-Zuercher noted that she met previously with representatives of the SEIU organization, and they did not have factual information about the proposal. She agreed they are a well organized group. 4. Asked for clarification about the holiday tree lighting on Thursday, December 1. Is the City continuing with activities on December 2 and 3, or are these activities sponsored by Historic Dublin? Ms. Brautigam responded that the December 2 and 3~d activities are sponsored by Historic Dublin only. Mayor Chinnici-Zuercher moved to adjourn to executive session for land acquisition matters at 9:58 p.m. Mr. Keenan seconded the motion. Vote on the motion: Ms. Salay, yes; Vice Mayor Lecklider, yes; Mr. Reiner, yes; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes; Mr. McCash, yes; and Mrs. Boring, yes. Mayor Chinnici-Zuercher noted that the meeting will be reconvened at the conclusion of the executive session only for the purpose of formally adjourning. No further action will be taken. The meeting was reconvened and formally adjourned at 10:30 p.m. Mayor -Presiding Officer Clerk of Council w