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HomeMy WebLinkAbout12/13/2004 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC., FORM NO 10148 December 13, 2004 Held 20 Mayor Chinnici-Zuercher called the regular meeting of Dublin City Council to order at 7:00 p.m. on Monday, December 13, 2004 at the Dublin Municipal Building. PLEDGE OF ALLEGIANCE Mr. McCash 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 7:10 p.m. Staff members present were: Ms. Brautigam, Mr. Smith, Ms. Grigsby, Mr. McDaniel, Mr. Ciarochi, Mr. Harding, Mr. Hahn, Ms. Puskarcik, Mr. Hammersmith, Mr. Bird, Chief Epperson, Mr. Price, Mr. Villareale, Ms. Kennedy, Ms. Gilger, Ms. Martin, Mr. Combs and Ms. Yorko. APPROVAL OF MINUTES Mr. Lecklider moved approv?1 of the minutes of the November 15, 2004 Council meeting. Ms. Salay seconded the motion. Vote on the motion: Mr. McCash, yes; Mayor Chinnici-Zuercher, yes; Mrs. Boring, yes; Mr. Keenan, yes; Ms. Salay, yes; Mr. Lecklider, yes. CORRESPONDENCE The Clerk reported that three notices were sent to Council from the Ohio Division of Liquor Control: (1) transfer of a contract liquor agency to R. Norris Real Estate LLC dba Caprianno's Italian Market, 6500 Riverside Drive, Suite A, Dublin, OH 43017; (2) transfer of C1, D2 and D6 liquor licenses from RLB Investments, Inc. to R. Norris Real Estate LLA, dba Caprianno's Italian Market, 6500 Riverside Drive, Suite A, Dublin, OH 43017; and (3) D5A and D6 liquor permit transfer from Dublin Suites LLC to Commonwealth Hotels dba Embassy Suites Dublin, 5100 Upper Metro Place, Dublin, OH 43017. There was no objection from Council to the transfers. PROCLAMATION Mayor Chinnici-Zuercher presented a proclamation to Larry Holbrook, General Manager of the Muirfield Association who will retire on December 31,2004. Council thanked him for his outstanding service to the community and recognized his family who were present. The Mayor presented a copy of Dublin's Journey to Mr. Holbrook in recognition of his contributions to Dublin. Mr. Holbrook thanked Council and staff for their support during his tenure. He introduced his successor at the Muirfield Association, Walter Zeier who will assume the duties of General Manager on January 1, 2005. Mr. Reiner commented on the very positive contributions of Mr. Holbrook to the high quality of the Muirfield community. AGENDA MODIFICATION Mr. Smith noted that the applicant's representative for the Avery Commons concept plan has requested withdrawal from tonight's agenda. The applicant intends to work with staff on a revised plan for future review by the Planning Commission and Council. It was the consensus of Council to remove this item from the meeting agenda. Mayor Chinnici-Zuercher stated that any interested citizens could contact Dann Bird at 410-4653 regarding future hearing dates. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC., FORM NO. 10148 December 13, 2004 Page 2 Held 20 CITIZEN COMMENTS Wallace Maurer. 7451 Dublin Road commented in regard to the ban on smoking. The conflict between an individual's interest and society's interest is at the very core of problems in a democracy. He noted that Council Member Boring had expressed concern about the economic interests of the City and that they did not have sufficient opportunity to make their argument. When they appeared at the Chamber of Commerce meeting, they were given such an opportunity to argue the issue. However, no argument was put forth and furthermore, they did not take the opportunity to write their objections to Council. He noted that personally, he has stated previously that there is no redeeming feature in smoking; however, there is some miniscule evidence to the contrary. Medical researchers working on schizophrenia in relation to memory and memory loss have identified a drug, which works on a receptor in the brain, as does nicotine. The researchers theorize that some schizophrenics use smoking as a self-remediation because it seems to ease some of the symptoms of memory loss. Further, Council Member Boring and others seems concerned about the undue influence of government on private lives. He thinks it is comparable to quarantining people with illness in order to protect the others in society. None of the people who object to the ban really confront the health issue. If he could have 30 minutes with anyone who feels his or her business has been damaged by the ban, he believes he could find ways of turning the current condition into profit. The issue of protecting people from illness trumps the other concerns cited. SPECIAL PRESENT A TION Ms. Brautigam noted that a special presentation would be made tonight regarding Historic Dublin. Many who are present tonight came to hear this item, and staff appreciates the opportunity to have this heard earlier on the agenda. She introduced Colleen Gilger who will present a follow-up report tonight with other staff members in response to Council's discussion at goal setting in 2004, where Historic Dublin revitalization was listed as one of the top priorities. Ms. Gilger stated that the staff group conducted an inventory of Historic Dublin to analyze certain questions - where is it going and what will it look like in 25 years? Following the analysis, staff will make a report to Council. With the completion of the storm sewer projects in Historic Dublin, the focus can now move to the above ground improvements. In 1999, the Historic Dublin task force was created and they recommended a seven-page wish list of improvements. The list has been used as part of the analysis, and the group hopes to prioritize and make recommendations based upon that list as well as new analysis and research. The City Manager requested nine staff volunteers for the project and over 25 actually volunteered. This is a highly professional team of staff members with diverse background and experiences. She noted the following: 1. The downtown revitalization cannot take place in just the downtown. It must take place in the community's planning, its land use policies, and in the community's willingness to embrace new ideas and innovations. 2. The group is conducting a review of not only facelift issues, but also a total analysis of policies, procedures and area plans. 3. Since spring, the group has met 2-3 times per week. They have conducted self-guided tours of other historic downtown areas in Central Ohio to see what works and what does not. 4. They have also conducted brainstorming sessions in regard to physical changes and funding options. She noted that Jeannie Martin would now focus on the site inventory and analysis of the communities visited. Ms. Martin noted that they visited three other communities for site inventory analysis. Some were revitalized with much success in the past ten years. Each community has an attribute found in Historic Dublin. They have fairly major roadways cutting through their downtown, and they have staged various activities RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BlANK, INC., FORM NO 10148 December 13, 2004 Page 3 Held 20 and functions in their downtowns that are well attended. They visited Olde Gahanna, Grove City and Old Worthington. She showed slides and described the amenities and features of each downtown, which are desirable to have in Historic Dublin. Carson Combs reviewed Historic Dublin and the positive attributes currently in the district that could be built upon. He noted the following as he described the slides: 1. The entry points into the district on all sides have scenic views and could be enhanced. 2. There are 40 individual structures listed on the National Register. These cement the fabric of the district and should be built upon in the future and maintained. These include a variety of uses, such as the 1919 Building, the Dublin Community Church and cemeteries. These should be protected and preserved. The Karrer barn at the southern end of the I district is a rural icon and should be preserved. 3. The second major feature of the district is access to water, including the Shawan or Indian Run falls on the west side. Public access and linkage should be provided. The north fork of the Indian Run to the Scioto River should have visual and physical access to the river. On the southern end of the district is Cosgray ditch. 4. There is architectural quality and variety in the district. Most of the commercial architecture is fairly residential in nature but has been used over time for commercial purposes. There is a broad range of residential architecture throughout the district. All of these create a total streetscape that is important to the character of the district and which should be preserved into the future. 5. The streetscape contains a variety of textures, patterns and materials. The pastoral rustic charm ties Historic Dublin to its past in such places as the Karrer barn. 6. For redevelopment potential, the property at 35 Darby Street was transformed and now fits into the architecture of the district. Another example is the property at 56 North High Street, which now houses the Brazenhead. 7. For new construction, Town Center I blends into the overall architecture scheme. It provides a good pedestrian orientation along the street. Town Center" could happen in the future with a streetscape appearance. 8. There is new residential construction currently in the approval process. 9. Staff believes that all of these things can be built upon to make something high quality and attractive within the district. Staff reviewed the overall district to identify areas for opportunity where improvements will add to the overall value of the district. Staff will continue with this study and report back to Council in May. With the northeast quadrant, staff is looking at additional pedestrian access, visual and physical links to the river. For the northwest, staff is looking at providing a civic or focal gathering point at the main intersection of the district. For the southern end of the district, they are looking at pedestrian orientation and improving the overall quality of the pedestrian movement along the streetscape and between the buildings and parking. They want to improve the overall alleyscapes and improve the efficiency and overall flow and design of parking lots to provide more efficient use of space to the benefit of all business owners. Ms. Gilger stated that staff recognized the need for research and support for this project and thus contacted Leadership Dublin for assistance. There are 7 volunteers from Leadership Dublin and the participants will playa substantial role in assisting staff in developing a comprehensive plan for the district. They will assist with identification issues, facelift issues as well as substantial research on a variety of alternatives. Topics of research will include planning issues, streetscape improvements, economic development issues, prioritization and phasing of the RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC.. FORM NO 10148 December 13, 2004 Page 4 Held 20 rollout of the recommendations as well as financing methods. She introduced the Leadership Dublin members present. Mr. Combs stated that in terms of project completion and a general timeframe, staff is completing the inventory phase of the project, and with the assistance of Leadership Dublin, moving into research and analysis of the items identified. The plan is to return to Council in May with a full report of recommendations and how they can be implemented. The overall role of this group is to bring a comprehensive professional report of what staff believes should be done in Historic Dublin. They envision that this process will then be married into the Community Plan process. Obviously, there will be the need for much public input. Once the recommendations are made in May, this can move into the area plan process with the land use chapter of the Plan. He acknowledged the members of the Historic Dublin team who were present. Mayor Chinnici-Zuercher invited public testimony. Brenda Cocak, 8135 Davinqton Drive thanked the committee for their presentation. As a downtown Dublin business owner, she suggested the following: 1. There is a strong interest in keeping the village green as a gathering area for community interest and participation in events. 2. Advocates strategically placed development to promote new growth and not compromise existing businesses nor inhibit traffic flow and parking. 3. Implement all guidelines of Historic Dublin for everyone equally, new and ~ old businesses. 4. Keep all business owners informed and give them a voice in the process of development. Mayor Chinnici-Zuercher thanked her for the remarks and noted that the committee will take them into consideration. She thanked staff for the hard work they have put into this effort. The recent events and strolls have been very enjoyable and have been well attended. She understands that parking has been an issue for certain portions of Historic Dublin, although personally she has not experienced problems with parking. The continued addition of restaurants and small retail is attracting people to the area. She looks forward to continued updates on the recommendations and how those will be implemented in the City's budget. She added that there is some expectation that the public/private partnerships will continue to take place in the district. Mr. Keenan added that the opportunities are there and he encouraged staff to continue their work to move forward on this. Mr. McCash noted that in hearing about the timeframes, he is somewhat concerned about input from the business owners and the need for communication. Perhaps some additional communication with the residents and business owners while the recommendations are being developed will help to create a better overall plan with a better understanding of the needs of those who live and work there on a daily basis. Ms. Brautigam responded that the process is set up to work with Leadership Dublin and the staff to present the most professional report possible. Perhaps the word "recommendations" is the issue - she does not perceive that this report will be a list of recommended items for the City to spend money on immediately, but rather a prioritized list where there will be an opportunity for public input before it makes its way into the Community Plan. In all of the Plan process, there will be public intersection points. Purposely, staff is not seeking a lot of public input at the early stages of this endeavor. The desire is to use staff and Leadership Dublin as if they were hired consultants. These concepts developed in house will then be played up RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC., FORM NO 10148 December 13, 2004 Page 5 Held 20 against the public input. If done differently, she believes the product would be a four-page wish list without prioritization. As a staff representative from this group, she has discussed this at length with the City staff and they are well aware of the need for public input. The public will be given a framework to react to versus creating a wish list at the outset. The public will have a plan to review versus creating one itself. There will be adequate time for public reaction to those recommendations. LEGISLATION SECOND READING/PUBLIC HEARING CODE AMENDMENT Ordinance 69-04 Amending the Development Standards and Approval Criteria in Section 153.115 of the Dublin Codified Ordinances (Zoning Code) - Corridor Development District. Mr. Smith requested that this be postponed until the January 18 Council meeting. There are some policy decisions needed from Council in respect to some of the modifications to the ordinance. He will provide a memo to Council prior to the first January meeting for their review. Mr. Lecklider noted that under Section 3, it references the "following four conditions," yet no conditions follow. He asked that staff check on this prior to the next reading. Mr. Keenan asked if there are any pending applications for the corridor at this time. Mr. Smith responded that there are a couple pending applications, but he does not ~., believe this will impact them. Mr. Lecklider noted that on page 9 of the P&Z minutes, there is clarification about ~, the language in Section 3. H is satisfied with the language as it is drafted. Mr. Keenan moved to postpone the hearing of Ordinance 69-04 until the January 18 Council meeting. Mr. Lecklider seconded the motion. Vote on the motion: Ms. Salay, yes; Mr. Lecklider, yes; Mr. Reiner, yes; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes; Mrs. Boring, yes; Mr. McCash, yes. ADOPTION OF 2005 OPERA T1NG BUDGET Ordinance 73-04 Adopting the Annual Operating Budget for the Fiscal Year Ending December 31, 2005, and Declaring an Emergency. Ms. Brautigam noted that this is the budget reviewed in the work sessions. The two changes to the budget are as follows: 1. Adding $2,500 to the Community Relations budget to purchase an extra table at the Wendy's Championship for Children dinner in August. 2. A number of department headings were changed in accordance with the reorganization of the City, but there have been no changes in the dollar amounts. Mrs. Boring noted that staff was to review the funding for the APA conference travel and training. Ms. Grigsby stated that staff reviewed the training budgets for 2003 and 2004 for the APA conference, and the same formula was applied for 2005. Staff is confident that there are adequate dollars to provide for the staff designated to attend the APA conference. Mayor Chinnici-Zuercher invited public testimony. Wallace Maurer. 7451 Dublin Road asked a general question. He assumes that acceptance of the budget is not contingent upon acceptance of the conceptual reconstruction of the structural organization of the City, as the amount of the budget in any case will not be different. Secondly, he noted that he has offered over the years a number of colossal development visions, such as a Dublin Irish RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC" FORM NO 10148 December 13, 2004 Page 6 Held 20 drama center for the western hemisphere or multiplying the single ethnic festival of the year into 12, held one per month. Unfortunately, he does not find these within the budget for 2005. Ms. Salay moved for emergency passage. Mr. Lecklider seconded the motion. Vote on the motion: Mr. Reiner, yes; Ms. Salay, yes; Mayor Chinnici-Zuercher, yes; Mr. McCash, yes; Mr. Lecklider, yes; Mr. Keenan, yes; Mrs. Boring, yes. Vote on the Ordinance: Mr. Keenan, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mr. McCash, yes; Mr. Lecklider, yes; Mayor Chinnici-Zuercher, yes; Ms. Salay, yes. REZONING Ordinance 74-04 Rezoning 7.81 Acres Located on the South Side of West Dublin-Granville Road at the Terminus of Stoneridge Lane, Approximately 250 Feet West of Dublin Center Drive From: PUD, Planned Development District To: PUD, Planned Development District. (Case No. 04-098Z - Preliminary Development Plan - Stoneridge Medical Center Expansion) Mr. Bird stated that this rezoning involves the Stoneridge Medical Center, James Cancer Institute located on SR 161. The current zoning is a planned unit development and the applicant is proposing to combine an adjacent lot with the existing site. The adjacent parcel would be used to accommodate the parking. The architecture would complement the existing architecture. Planning Commission recommended approval with conditions as outlined in the memo. He offered to respond to questions. Chris Cline. BlauQrund. Herbert and Martin. 5455 RinQs Road noted that he represents the applicant. Accompanying him tonight are Dino Duros and Ted Leakas of Phele Investments and Larry Fisher from Prospectus Architects. James Care Dublin is a comprehensive breast health center, focusing on breast cancer research, treatment and education. James Care Dublin is one of the nation's top cancer treatment centers. There are 80 medical professionals working on the site currently. The expansion will involve the chemotherapy suites, installation of MRI technology for breast care, and radiation oncology capabilities. The proposal has a significant economic benefit to the City and expands the services available to Dublin residents. It will keep Dublin on the front page as a medical research and treatment location for cancer. James Care has been located in Dublin since 1996 and they have a desire to stay in Dublin. They have had support from staff and the Planning Commission for this expansion. Mr. Keenan asked if this site is tied into DubLink and the WiFi proposal. The research applications would be enhanced with this technology. Ms. Gilger stated that it is not currently on the DubLink route, but if interest were expressed, staff could explore this. Mr. Cline stated that they were not aware of these capabilities. He would be happy to forward any information provided by Dublin staff to OSU. Mr. Lecklider noted that the record reflects cross easements for parking. Could staff provide more detail on this? Mr. Bird stated that in terms of parking, staff evaluated the available area relative to the existing ordinance. They have asked the applicant for performance based parking in terms of the actual use. The need was determined to be 380 parking spaces, which they are providing. As an enhancement to the site, staff identified and discussed with the applicant the use of 45 parking spaces across the street, should they be needed. This will address any overflow issues. The land is owned by Phele Investments. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting ~-~_.- DAYTON LEGAL BLANK, INC.. FORM NO, 10148 December 13, 2004 Page 7 Held 20 Mr. Cline clarified that the cross access easements do not relate to the parking as such. He explained that this rezoning eliminates the older zoning commitments, but the cross access easements are a technicality and this was the best way to resolve this. Mr. Lecklider asked if the parking capacity will be an issue. Mr. Cline responded that no one believes it will. A detailed matrix was established regarding parking needs. The overflow parking is a stopgap measure if needed. Mayor Chinnici-Zuercher invited public testimony. Linda Masonbrink. 3168 Lilly-Mar Court stated that she and her husband Stephen live in a development immediately south and west of this expansion. They support the expansion, but ask for consideration of a sidewalk to be associated with this development and any other development or expansion in this area. There is a piecemealing of sidewalks in the area and they are hopeful that more sidewalk can be integrated and tied to the new development and businesses in the area to better incorporate the neighborhoods. Mayor Chinnici-Zuercher responded that this is an excellent point. It is possible to walk from the Lilly-Mar Court area to businesses and it would be desirable to have these connections. She asked staff about the location of sidewalks in the area. Mr. Bird responded that relative to this particular area, the sidewalk, in terms of proposed construction for this street going out to 161, would provide the opportunity to put in a pedestrian access, certainly through this site out to 161. He would have to review the future sidewalk plan for this area to be specific on this. Mr. Cline added that he also represents a property owner to the west and he has discussed with Ms. Grigsby the city's plans to extend the roadway to connect it to the one behind LaScala. That would facilitate the installation of pedestrian access. The property owner, Tall Pines Investments, has agreed to contribute the land to the City without cost, should the City build the road through his land. Dino Duros. 4051 W. Dublin Granville Road, owner of the project noted that there is sidewalk on the south side of Stoneridge Lane for a portion. It extends to the new retirement home. If the project would continue through as discussed, the sidewalk would follow. Mr. McCash asked for clarification about the area for the new parking. Mr. Cline indicated that it was in an adjacent planned district. Mr. Cline responded that the entire section is in an existing adjacent planned district, which will be included in the new planned district. Mr. McCash asked if that affects any provisions of the adjacent planned district in terms of side setbacks, cross easements, etc.? Mr. Bird stated that it does not. In fact, cross easements were discussed and having the access through this site. That is what was provided for, and it doesn't affect the adjacent planned districts. ~. Mr. McCash noted he wanted to ensure that a problem would not be created for the adjacent planned district. Vote on the Ordinance: Mr. Keenan, yes; Mr. Reiner, yes; Ms. Salay, yes; Mr. McCash, yes; Mr. Lecklider, yes; Mrs. Boring, yes; Mayor Chinnici-Zuercher, yes. COMPENSA TlON PLAN AMENDMENT Ordinance 78-04 Amending Section 4 of Ordinance 98-96 (Compensation Plan). Ms. Brautigam stated that this matter comes to Council at the request of the City Manager and the Finance Director. It amends the RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC.. FORM NO. 10148 December 13, 2004 Page 8 Held 20 compensation that Council Members receive. There have been no changes to the compensation for Council Members since 1996, even though Council now attends many more meetings, including study sessions, than in previous years. In preparing the budget for 2005 and after discussion with the Finance Director, she felt it appropriate to bring forward a proposal for increase to the compensation of Council Members. Staff recommends approval. Mr. Lecklider commented that he feels somewhat uncomfortable with this proposal. While he feels that a good argument can be made for an average 3 percent per year raise, personally, voting on his own raise causes some discomfort. He would propose that for him, any voted raise not take effect until the beginning of the next new term for his Council position. There were no other comments. Vote on the Ordinance: Mayor Chinnici-Zuercher, yes; Mr. Keenan, yes; Mr. Reiner, yes; Mrs. Boring, yes; Ms. Salay, yes; Mr. Lecklider, no; Mr. McCash, no. COST OF SERVICES UPDA TE Ordinance 79-04 Amending Chapter 35 of the Codified Ordinances to Revise the Fee and Service Charge Revenue/Cost Comparison System and Establishing a Schedule of Fees and Service Charges for City of Dublin Services, and Declaring an Emergency. Ms. Brautigam stated that the Finance Committee reviewed this ordinance and the recommended minor modifications have been incorporated into the ordinance. There was an extensive discussion of Rec Center fees at the meeting, and Finance staff is present to respond to any questions. Mr. Keenan, Finance Chair noted that the Committee met on December 1 and minutes were provided to Council. He highlighted some of the changes: 1. The recovery percentage for conditional use applications were changed to 50 percent, thereby reducing the fee to $1,360. 2. Residents felt that the $170 fee for residents for right-of-way permits to replace driveway aprons was prohibitive. The Committee is therefore recommending a $50 flat fee, consistent with the permit fee for basement remodeling. 3. For utilities, staff has recommended an increase of $100 increase for a three-fourths inch water tap and $200 increase for a sewer tap fee, effective July 1, 2005. 4. For recreation, staff recommended an increase in the daily pass rate for the outdoor pools to $7. After discussion, the Committee is recommending a fee of $6. Ms. Salay asked for clarification about the fees for passes purchased after 6 p.m. Ms. Grigsby responded that there had previously been a differential in cost after 6 *" p.m. between children and adults and it was recommended that the fee be a flat $4 for both groups. Mr. Lecklider stated that there was concern by the Committee about raising the daily rates to $7, and the compromise was for a $6 rate. The key issue was whether the City wants to subsidize the outdoor pools to a greater extent than has been the policy in the past. His recollection is that Ms. Heal indicated that some of the additional operating costs for the pool related to significant infrastructure improvements done recently. Ms. Grigsby clarified that prior to 1999, the outdoor pool was supported entirely through the fees collected. As the pool began to age, improvements were needed. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC. FORM NO. 10148 December 13, 2004 Page 9 Held 20 Since 2000, the City has been subsidizing a portion of the operation for the outdoor pool due to these improvements. With the second outdoor pool coming on line, there was a subsidy of $150,000 needed to support the operation of both pools. Mr. Lecklider asked for clarification of the City's existing policy for subsidy of all recreation. Ms. Grigsby responded that for recreation programming, the subsidy has been at a 50 percent level. For the outdoor pools, traditionally, the recovery attempt has been at 100 percent of the costs or a significant recovery of the operating costs. In 2000, there were some issues with filtration and significant repairs were needed, resulting in subsidy from the general fund. For Phase One of the Rec Center, the fees were established to substantially recover the operating costs. With Phase Two opening in 2000, the subsidy from the general fund was increased, based upon the fact that the services provided in Phase Two required more of a subsidy, as they do not generate the same level of revenue as those in Phase One. Mr. Lecklider asked if staff anticipates that the fee increases for the outdoor pool will result in revenues, which will fully account for the operational costs. Ms. Grigsby responded that the hope is that less of a general fund subsidy will be required. At this fee level, she cannot predict that 100 percent of the operating costs will be recovered. An issue with outdoor pools is that the weather is a variable each year and impacts the revenues. Ms. Salay noted that it is really important to keep the outdoor pool affordable. She would have concerns with attempting to subsidize the capital expenses for an aging pool with admission fees. She noted that last year, patrons purchased passes which were valid for either outdoor pool. Will that practice continue? Ms. Grigsby responded that she is not aware of any policy change in this regard. Mr. Keenan stated that there is also the ability to combine a Rec Center pass with an outdoor pool pass with the discount offered. Ms. Grigsby stated that a discount has been offered for purchase of both, but the discount will be reduced this year. In the past, there was concern about the impact of the opening of the Rec Center upon outdoor pool membership and therefore a discount was offered to give an incentive for purchase of both passes. Ms. Grigsby noted in regard to capital costs, in the years where the general fund provided a subsidy to the swimming pool fund, the subsidy generally offset the cost of those capital replacements. The current fees are based upon recovering the operating costs. Both outdoor pools were built with 100 percent income tax revenues retiring the debt. The membership and admission fees are to cover the costs of operating the facilities. The capital costs that relate to the outdoor pool are charged to those funds, and there were some transfers made from the general fund in some years for filter and heating unit repair to offset what would have been a deficit in the swimming pool fund. Ms. Salay asked about the practice of verifying that the people using the pool are Dublin residents. She is aware from personal experience that many Hilliard residents were using the pool each day and no one was checking on residency. In previous years, utility bills or driver's licenses were checked to verify residency, but this is not being done. Ms. Grigsby responded that she discussed this issue with Ms. Heal and she will follow-up on this to ensure that the policy is enforced. Mrs. Boring has reviewed fees for other recreation centers in the Columbus area and has found that Dublin's non-resident fees at the Rec Center are extremely low. In view of the small number of non-residents using the facilities, an increase would not negatively impact a large group. On the other hand, Dublin residents could be made aware of Council's intent to have this facility available for Dublin residents. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC., FORM NO 10148 December 13, 2004 Page 1 0 Held 20 She therefore is proposing that Council consider a 20 percent fee increase for non- residents for the Rec Center. Mr. Keenan asked what this 20 percent increase would equate to in terms of revenues. Mrs. Boring noted that she does not know. She commented that the current fee schedule is graduated and benefits larger families. Mr. Keenan asked if she is proposing this for the Rec Center only or for the outdoor pools as well. Mrs. Boring responded that she is focusing on the Rec Center at this time, but she would be interested in discussion of outdoor pool fees as well, compared with other communities. Ms. Salay stated that her understanding is that there is a window of time in the spring where a Dublin school district resident would be able to purchase a season pass for the outdoor pool. When that window of time ends, only Dublin residents can purchase pool passes and only Dublin residents or guests of Dublin residents can purchase a daily pass to the pool. Is that correct? Ms. Grigsby responded that this is accurate. There are timeframes established to ensure that Dublin residents can purchase passes. The cap on memberships, however, no longer exists due to the additional capacity provided with the second outdoor pool. Mayor Chinnici-Zuercher asked for confirmation that Mrs. Boring is proposing a 20 percent increase for non-residents at the Rec Center. Mrs. Boring concurred. Ms. Salay agreed, noting that these rates should be made as attractive as possible for Dublin residents in order to serve Dublin residents. If non-residents want to use the facilities, they can purchase passes. Currently, the rates for non-residents are so attractive that the City may be subsidizing these too heavily. Mr. Keenan asked if she is distinguishing between school district residents and non-residents in that scenario. Mrs. Boring responded that she is distinguishing only between resident and non- resident. Mr. McCash pointed out that a school district rate is not available for Hilliard School district residents, although there are portions of the Hilliard School District within the City of Dublin. It does not seem fair overall. Dublin should provide a school district rate to all districts within the City's borders or to none of them. If one lives in Columbus and attends Dublin Schools, a lower rate is available to them than to someone who live in Columbus and attends Hilliard Schools, although in both cases, they are non-residents of Dublin. Mayor Chinnici-Zuercher stated that those who live in Ballantrae qualify as Dublin I, residents, although they attend Hilliard Schools. Mr. McCash stated that one school district is being treated differently than others within Dublin's borders for purposes of recreation. The school district resident rate should also apply to Hilliard and Jonathan Alder district residents under this logic. The Schools and the City are separate entities, so students in Dublin School District should not receive a financial benefit from the City of Dublin unless the other districts receive the same. It would make more sense to have simply a resident and a non-resident category in view of the three school districts within Dublin's borders. Currently, the City is in essence discriminating against some of the other districts by offering a lower rate to only one. Mrs. Boring stated that the name of the school district, "Dublin City Schools" is a misnomer. They should be named, 'Washington Local Schools." RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC.. FORM NO 10148 December 13, 2004 Page 11 Held 20 Discussion continued. .~.,'L' _.~ Ms. Salay stated that when the Rec Center was opened and the distinction was drawn between Dublin residents and school district residents, there were no ,~-"" students attending Hilliard Schools living in Dublin. Mr. Keenan stated that perhaps another study session is needed for this particular issue, separate from the consideration of the fee ordinance tonight. Mayor Chinnici-Zuercher stated that she could support changing to a resident and non-resident rate structure in view of the expansion of the City into other school districts. Mr. Keenan stated that there was a letter sent to Council from a senior citizen who resides in the Dublin school district. They indicated that they are involved in the Dublin community and pay real estate taxes to support the schools. He would support taking a closer look at the rates for seniors in a future discussion. Mrs. Boring stated that there are many facilities available for seniors throughout the area. In view of the growth of the City and the limited capacity of the Rec Center, the resident and non-resident rates should be implemented. Mr. Lecklider stated that something to consider is the common denominator of 'f:'~ those who pay taxes to the Dublin School district. Ms. Grigsby stated that when the Rec Center was first opened, staff was aware that future changes would occur. There were no Dublin residents in the Hilliard School district at the time, and a decision was made to follow the existing policy of all recreational programming where the City used the schools to provide services absent a facility. This was the basis for the resident and school district resident rate, and it was recognized that this was subject to change in the future. Mayor Chinnici-Zuercher asked if staff could provide some figures on the impacts of having a resident and non-resident category as proposed. Does staff feel comfortable with this modification, should Council want to introduce such an amendment? Ms. Grigsby stated that staff would need some time to review this. Generally, staff has provided a six-month period before implementing new rates, with implementation of new rates generally on July 1 of each year. Staff could assemble information for Council to consider early in 2005. Mayor Chinnici-Zuercher asked staff recommends that Council consider the legislation as drafted, with the intent of reviewing the Rec Center fees in early 2005. Ms. Grigsby agreed that this would be staff's recommendation. Mr. McCash stated that the school district residents comprise only 13 percent of .. the total pass sales, so the impact will not be great. Mr. Lecklider pointed out that the City does utilize the school facilities for some of the City programs. Mrs. Boring pointed out that when a Hilliard School is built in Dublin, the City may also use those facilities. Personally, she is prepared to move forward tonight to establish a resident and non-resident category. The negative impacts are minimal and this sends a positive message to Dublin residents RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC.. FORM NO 10148 December 13, 2004 Page 12 Held 20 Mr. Keenan commented that there is no harm in having the numbers reviewed. It can be modified in January or February if desired. He would prefer to consider this carefully. Mr. Keenan moved for emergency passage of the ordinance. ~.'...";'i Mr. Lecklider seconded the motion. Vote on the motion: Mr. Keenan, yes; Mr. Reiner, yes; Mayor Chinnici-Zuercher, yes; Mr. McCash, yes; Mrs. Boring, yes; Ms. Salay, yes; Mr. Lecklider, yes. Mrs. Boring moved to increase the Dublin School District resident and non-resident fees by 20 percent, keeping the three-tiered system in place at this time. Mr. McCash seconded the motion. Vote on the motion: Ms. Salay, no; Mr. Lecklider, no; Mrs. Boring, yes; Mr. McCash, no; Mayor Chinnici-Zuercher, no; Mr. Reiner, no; Mr. Keenan, no. (The Council Members voting against the motion indicated a desire to review the figures and projections prior to making this change. Mr. Keenan moved to approve the ordinance as recommended by the Finance Committee and for Council to revisit the fee schedule for the DCRC in the January/February 2005 timeframe. Mr. Lecklider seconded the motion. Vote on the motion: Mr. Reiner, yes; Mayor Chinnici-Zuercher, yes; Mrs. Boring, yes; Ms. Salay, yes; Mr. Lecklider, yes; Mr. McCash, yes; Mr. Keenan, yes. ECONOMIC DEVELOPMENT AGREEMENT Ordinance 80-04 Authorizing the Provision of Certain Incentives for Purposes of Encouraging Frank Gates Corporation to Retain Its Workforce Within the City, and Authorizing the Execution of an Economic Development Agreement. Ms. Gilger stated that the Frank Gates Company is a holding company with numerous subsidiaries, seven of which are located in Dublin. Frank Gates employs people nationwide, and combined with another locally headquartered subsidiary, CareWorks, there are over 900 employed in Dublin. Frank Gates has been located at 5000 Bradenton for over a decade and as its fifteen-year lease nears expiration, the company is exploring options. They have determined that upgrades to the building are necessary to continue viable operations at that location. In order to sustain the company's viability at that location, the City is proposing an economic development agreement which includes an eight year, 16 percent income tax rebate to offset the cost of the building renovations, which include a $300,000 generator upgrade. The incentive is tied to job retention and a 15-year lease extension. Present tonight is CEO/Chairman Niles Overly and CFO Greg Smith. Mayor Chinnici-Zuercher noted that Council appreciates their interest in staying in Dublin and appreciates the opportunity to work with them to arrange for this incentive. There were no further questions from Council. Vote on the Ordinance: Mr. Keenan, yes; Mr. Lecklider, yes; :Mr. McCash, yes; Ms. Salay, yes; Mayor Chinnici-Zuercher, yes; Mrs. Boring, yes. INTRODUCTION/FIRST READING - ORDINANCES APPROPRIA TlONS Ordinance 81-04 Amending the Annual Appropriations Ordinance for the Fiscal Year Ending December 31,2004. (Request to dispense with public hearing) Ms. Salay introduced the ordinance. Ms. Brautigam stated that this is essentially a year-end ordinance necessary to make appropriations for certain items. Staff is requesting that Council dispense with the public hearing. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC.. FORM NO 10148 December 13, 2004 Page 13 Held 20 Mrs. Boring moved to dispense with the public hearing. Mr. Reiner seconded the motion. Vote on the motion: Mrs. Boring, yes; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes; Mr. McCash, yes; Mr. Lecklider, yes; Ms. Salay, yes; Mr. Reiner, yes. Vote on the Ordinance: Mr. Keenan, yes; Mr. Lecklider, yes; Ms. Salay, yes; Mr. -- McCash, yes; Mayor Chinnici-Zuercher, yes; Mrs. Boring, yes; Mr. Reiner, yes. ANNUAL APPROPRIA TlONS ORDINANCE Ordinance 82-04 Establishing Appropriations Based on the 2005 Operating Budget of the City of Dublin, State of Ohio, for the Fiscal Year Ending December 31,2005. (Request to dispense with public hearing) Ms. Salay introduced the ordinance. Ms. Brautigam stated that this is a companion ordinance to the operating budget ordinance and actually appropriates the monies for expenditure. Staff is requesting that Council dispense with the public hearing. Mr. Lecklider moved to dispense with the public hearing. Ms. Salay seconded the motion. Vote on the motion: Mr. Reiner, yes; Mr. Lecklider, yes; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes; Mr. McCash, yes; Mrs. Boring, yes; Ms. Salay, yes. Vote on the Ordinance: Mr. Lecklider, yes; Mr. Keenan, yes; Mr. McCash, yes; Ms. Salay, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mayor Chinnici-Zuercher, yes. ORGANIZA TlONAL STRUCTURE Ordinance 83-04 Amending the Organizational Structure of the City of Dublin. Ms. Salay introduced the ordinance. -- Ms. Brautigam stated that this ordinance amends the organizational chart of the City. It changes the Department of Service to a Department of Public Service, which includes Streets & Utilities, Engineering and Building Standards; changes Planning to Land Use and Long Range Planning; and creates a Department of Administration, which will include Facilities. She will report back in six months on the viability of the changes. Mr. Keenan noted that one item for particular review at that point, as discussed by Council, is the appropriate place within the organization to house Building Standards. Ms. Brautigam stated that this is correct. There will be a second reading/public hearing at the January 3, 2005 Council meeting. CODE AMENDMENTS Ordinance 84-04 Amending Sections 137.01 and 137.08 of the Dublin Codified Ordinances Regarding Unlawful Manufacturing, Importation, Possession, Purchase, Sale, or Transfer of Assault Weapons, and Declaring an Emergency. (Request to dispense with public hearing) Mr. Lecklider introduced the ordinance. Mr. Smith stated that Legal staff is requesting that this be held for second reading on January 3, 2005. Due to some recent changes, there will be amendments brought forward by staff. The federal law expired and there are some issues to be addressed. A memo will be included in the next packet. There will be a second reading/public hearing at the January 3, 2005 Council meeting. Ordinance 85-04 Amending Section 150.00 of the Dublin Codified Ordinances, Adopting the 2004 Residential Code of Ohio. Ms. Salay introduced the ordinance. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC.. FORM NO. 10148 December 13, 2004 Page 14 Held 20 Ms. Brautigam stated that this and the following two ordinances adopt updated Codes related to building construction. Mr. Price is present to respond to questions. Mr. McCash noted that for the residential building code, this is likely the last year the City will adopt this locally. HB 175 puts forth a mandatory residential code and will come into place in 2006. He does have concern with Ordinance 87-04, which updates the electrical code. He is not certain why the City would adopt this, as it is a referenced standard in the building code, and by virtue of the certification of the Building division, the City is required to enforce the latest rules and regulations of the Ohio Board of Building Standards. On March 1, the standard will be the 2005 National Electric Code. He has dealt with this in two other jurisdictions and believes it is unnecessary to pass this legislation. Mr. Price responded that he believes that doing so makes it much more clear that it applies to a single family residence as well. The update applies to the commercial code, but not to one, two and three-family dwellings. There are also certain applications that are not addressed, such as pump stations, light poles and other electrical devices, that he wants to make sure are regulated by the NEC, as they may not fall under one of those building codes. Mr. McCash noted that the residential code adopts the latest edition of the National Electric Code. Mr. Price responded that it is actually not included; it is up to the City to adopt it locally. Mr. McCash asked if it will be set up that it will be mandatory to comply by March 1 with the 2005 code, or will there be a grace period as discussed at the Board of Building Standards? Mr. Price stated that his goal is to meet what the State has established and to be compatible with what is being done at the State level. His understanding is that the State has not made a final decision about a grace period at this time. There will be a second reading/public hearing at the January 3, 2005 Council meeting. Ordinance 86-04 Modifying and Adopting the ICC (International Code Council) 2003 National Property Maintenance Code and Amending Portions of the Dublin Codified Ordinances. Mr. Lecklider introduced the ordinance. There will be a second reading/public hearing at the January 3, 2005 Council meeting. Ordinance 87-04 Amending Section 150.00 of the Dublin Codified Ordinances, Adopting the 2005 Edition of the National Electrical Code. Ms. Salay introduced the ordinance. There will be a second reading/public hearing at the January 3, 2005 Council meeting. Ordinance 88-04 Amending Section 73.01 of the Dublin Codified Ordinances Regarding Driving under the Influence of Alcohol or Drugs, and Declaring an Emergency. Ms. Salay introduced the ordinance. Mr. Smith noted that the State has now created a 20-year "look back" for OMVI offenses. Staff recommends approval by emergency to mirror the State code. Mr. Lecklider noted that on page 5 of the ordinance, Section G.1.d, third line, the language states, "... pleads guilty to three or four violations." This should be checked. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC.. FORM NO 10148 December 13, 2004 Page 15 Held 20 Mr. Smith responded that he will check with his staff to ensure that this taken from the State code. It may be a typographical error and if so, it will be corrected. Mr. Lecklider moved to dispense with the public hearing and treat this as emergency legislation. Mr. Reiner seconded the motion. Vote on the motion: Mrs. Boring, yes; Mr. Reiner, yes; Mayor Chinnici-Zuercher, yes; Mr. McCash, yes; Ms. Salay, yes; Mr. Lecklider, yes. Vote on the Ordinance: Mayor Chinnici-Zuercher, yes; Mr. Lecklider, yes; Ms. Salay, yes; Mr. McCash, yes; Mrs. Boring, yes; Mr. Reiner, yes. CONTRACTS Ordinance 89-04 Authorizing the City Manager to Enter into an Agreement with the Delaware Municipal Prosecutor in the Delaware County Municipal Court, and Declaring an Emergency. Mr. Lecklider introduced the ordinance. Ms. Brautigam stated that this reflects a reduction in the cost of the contract to $140 per case, with a minimum charge per year of $250. Previously, the minimum charge per year was $500. Staff is requesting that Council approve this as emergency legislation. Mr. Lecklider moved to dispense with the public hearing and treat this as emergency legislation. Ms. Salay seconded the motion. Vote on the motion: Mayor Chinnici-Zuercher, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mr. Lecklider, yes; Mr. McCash, yes; Ms. Salay, yes. Vote on the Ordinance: Mr. Lecklider, yes; Ms. Salay, yes; Mrs. Boring, yes; Mayor Chinnici-Zuercher, yes; Mr. Reiner, yes; Mr. McCash, yes. Ordinance 90-04 Authorizing the City Manager to Enter into a Contract for Health Services with the Franklin County Board of Health for 2005, and Declaring an Emergency. Ms. Salay introduced the ordinance. Ms. Brautigam stated that this provides for a new contract with the Franklin County Board of Health, as the existing contract expires on December 31. Staff is recommending passage by emergency. Ms. Salay moved to dispense with the public hearing and treat this as emergency legislation. Mr. Lecklider seconded the motion. Vote on the motion: Mr. Lecklider, yes; Ms. Salay, yes; Mr. McCash, yes; Mrs. Boring, yes; Mayor Chinnici-Zuercher, yes; Mr. Reiner, yes. Vote on the Ordinance: Mrs. Boring, yes; Mr. Reiner, yes; Mr. Lecklider, yes; Ms. Salay, yes; Mr. McCash, yes; Mayor Chinnici-Zuercher, yes. Ordinance 91-04 Authorizing the City Manager to Execute a Contract with the Franklin County Public Defender Commission for the Defense of Indigent Defendants, and Declaring an Emergency. Mr. Lecklider introduced the ordinance. Ms. Brautigam stated that this is another contract that expires on December 31. The rate is very favorable, and staff requests passage by emergency. Mr. Lecklider moved to dispense with the public hearing and treat this as emergency legislation. Ms. Salay seconded the motion. Vote on the motion: Mayor Chinnici-Zuercher, yes; Mr. Reiner, yes; Mr. Lecklider, yes; Mr. McCash, yes; Ms. Salay, yes; Mrs. Boring, yes. Vote on the Ordinance: Mr. McCash, yes; Mr. Reiner, yes; Mayor Chinnici- Zuercher, yes; Ms. Salay, yes; Mrs. Boring, yes; Mr. Lecklider, yes. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK. INC" FORM NO 10148 December 13, 2004 Page 16 Held 20 INTRODUCTION/PUBLIC HEARING - RESOLUTIONS Resolution 39-04 Requesting the Delaware and Franklin County Auditors to Draw and the Delaware and Franklin County Treasurers to Issue a Draft to the Director of Finance of the City of Dublin for any Money that may be in the County Treasury to the Account of the City of Dublin. Ms. Salay introduced the resolution. Ms. Brautigam stated that this is a housekeeping measure done at the end of each year. Vote on the Resolution: Mrs. Boring, yes; Mr. McCash, yes; Mayor Chinnici- Zuercher, yes; Mr. Reiner, yes; Mr. Keenan, yes; Ms. Salay, yes; Mr. Lecklider, yes. OTHER . Concept Plan - Avery Road Condominiums (Case No.04-119CP) Mayor Chinnici-Zuercher noted that this item was withdrawn from the agenda at the outset of tonight's meeting, upon the request of the applicant. . Final Plat - Wedgewood Glen (Case No. 04-115FP) Mr. Bird stated that a memo has been provided and he will respond to any questions. Ms. Salay moved approval of the final plat. Mr. Lecklider seconded the motion. Vote on the motion: Mr. Lecklider, yes; Mr. McCash, yes; Mr. Keenan, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mayor Chinnici-Zuercher, yes; Ms. Salay, yes. . Right-of-Way Dedication Plat - Marmion Drive (Case 03-156DP- Woodlands of Ballantrae) Mr. Bird stated that a memo has been provided along with supporting information. Ms. Salay moved approval of the right-of-way dedication plat. Mr. Reiner seconded the motion. Vote on the motion: Mr. McCash, yes; Mr. Reiner, yes; Ms. Salay, yes; Mrs. Boring, yes; Mr. Lecklider, yes; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes. . Right-of-Way Encroachment (Case No. 04-084FDP - Wedgewood Hills Entry Signage) Mr. Bird stated that this is a request to approve a sign in the right-of-way. The bond has been posted and agreement executed for the Wedgewood Hills entry signage. Mr. Keenan moved approval of the right-of-way encroachment. Mr. Lecklider seconded the motion. Vote on the motion: Mr. Lecklider, yes; Mrs. Boring, yes; Ms. Salay, yes; Mr. Reiner, yes; Mr. McCash, yes; Mayor Chinnici-Zuercher, yes; Mr. Keenan, yes. CITY MANAGER/STAFF REPORTS There were no reports from staff. COUNCIL COMMITTEE REPORTS/COUNCIL ROUNDTABLE Mr. Keenan: 1. Noted that he sent an article to staff regarding a parade in Newark where a participant was killed in an accident involving jumping off of a moving float. He believes that this should be reviewed in the context of the City's policies regarding safety measures for parades. Ms. Brautigam responded that Risk Management and Community Relations received this information. They reported that a letter was sent to parade participants reminding them of their obligations for safety. Another letter will be sent this year to parade participants outlining these responsibilities. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC.. FORM NO 10148 December 13, 2004 Page 17 Held 20 Mr. Keenan suggested that a spotter be assigned to each float to ensure that safety is maintained. Ms. Brautigam stated that staff will follow up with staff to ensure proper safety measures are in place. 2. He noted that there are voluminous plans included in Council packets. Personally, the smaller version of the plans are adequate for his needs. Perhaps a full set could be left in the Council planning room. It was the consensus of Council to have a full set of development plans in the conference room, with a smaller version included in the packets. Ms. Salay: 1. Requested that staff provide a summary of the December 15 Southwest/Northwest growth strategy meeting. 2. Thanked all of staff for their thorough responses to Council and citizens on the many issues that have been brought to them during the past year. She is very appreciative of their diligence. Mr. Reiner thanked staff for their assistance in planning the recognition event for Larry Holbrook. He appreciates all who took time to attend the event. Mr. McCash requested that the Building Division or Legal staff check on the status of the renovation of the former Chi Chi's site. The building has been partially demolished, but there does not seem to be any activity. It is an eyesore at this point. Ms. Brautigam will report back on this item. Mrs. Borinq commented about the "going out of business" signs that are posted on the weekends along Sawmill and SR 161. She asked that the City staff address this situation. Mr. Keenan reminded Council that Mr. McDaniel is hosting a technology forum tomorrow at the 5800 Building from 8 to 10 a.m. Mr. McCash commented that he had sent an e-mail regarding this topic and was awaiting a response from staff. Mr. McDaniel responded that he will do so. Mr. Lecklider: 1. Noted that he appreciated the memo from Mr. McDaniel regarding the claw back penalties and endorses Mr. McDaniel's recommendation that the status quo be maintained for the present. This information was very useful. 2. Complimented staff, particularly Community Relations and the Service Department, who staged the Holly Days event. It was a fun event for all who attended. He enjoyed having dinner with the lannarino family, this year's Spirit of the Season award winner. 3. Reported that he represented Council and the City at a reception of the Smoke Free Columbus coalition, which was designed to recognize the municipalities who passed no smoking legislation. They included Columbus, Powell, Worthington, Grandview Heights, Upper Arlington, Bexley and Dublin. The event was held at Rigsby's and a plaque was given to the City in recognition of the passage of the ordinance. The coalition is pursuing passage of such legislation in other communities. 4. Wished everyone a Happy Holiday! Mayor Chinnici-Zuercher: 1. Commented that the Holly Days event was fun and well attended. She had some residents complain that the line to visit Santa Claus was too long and they couldn't get in the building. Others wondered what RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC.. FORM NO. 10148 December 13, 2004 Page 18 Held 20 happened with the breakfast event with Santa Claus, as people had enjoyed that in the past. She understands that this was discussed in the 2004 budget meetings, but perhaps there is a way to resurrect that event in a different venue in the future. 2. Thanked everyone for a wonderful 2004, and wished everyone a safe and happy holiday! ADJOURNMENT TO EXECUTIVE SESSION There being no further business, Mayor Chinnici-Zuercher moved to adjourn to executive session for discussion of legal, land acquisition and personnel matters. Mr. Lecklider seconded the motion. Mayor Chinnici-Zuercher announced that the meeting would be reconvened only to formally adjourn. No further action will be taken. Vote on the motion: Mr. McCash, yes; Mayor Chinnici-Zuercher, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr. Keenan, yes; Ms. Salay, yes; Mr. Lecklider, yes. The meeting was adjourned to executive session at 9:20 p.m. The meeting was reconvened and formally adjourned at 11 :15 p.m. ~!!-~ Clerk of Council