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HomeMy WebLinkAbout12/07/2009RECORD OF PROCEEDINGS Minutes of Dublin City Council Meetine December 7. 2009 Mayor Chinnici - Zuercher called the Monday, December 7, 2009 Regular Meeting of Dublin City Council to order at 7:00 p.m. at the Dublin Municipal Building. Present were Mayor Chinnici - Zuercher, Vice Mayor Boring, Mr. Gerber, Mr. Keenan, Mr. Lecklider, Mr. Reiner and Ms. Salay. Staff members present were: Mr. Foegler, Ms. Grigsby, Mr. Smith, Chief Epperson, Lt. Hirschy, Mr. Thurman, Mr. Earman, Mr. Hammersmith, Mr. Langworthy, Ms. Willis, Ms. Justice, Mr. Edwards, Mr. Hahn, Mr. Harding, Ms. Ott, Ms. Adkins, Ms. Colley, and Ms. Hoyle. PLEDGE OF ALLEGIANCE Mr. Reiner led the Pledge of Allegiance. APPROVAL OF MINUTES • Regular Meeting of November 16, 2009 Mr. Gerber moved approval of the minutes. Mr. Lecklider seconded the motion. Vote on the motion: Vice Mayor Boring, yes; Mr. Lecklider, yes; Ms. Salay, yes; Mr. Gerber, yes; Mayor Chinnici - Zuercher, yes; Mr. Reiner, yes; Mr. Keenan, yes. SPECIAL PRESENTATION /PROCLAMATIONS • Proclamation — ESGR (Employer Support of the Guard and Reserve) —Chair of Ohio Committee of ESGR John W. Hoppers, Mel Conley, ESGR and Anthony Augello, Executive Director of Ohio Committee of ESGR. Mayor Chinnici - Zuercher presented a proclamation to Mr. Hoppers, Mr. Conley and Mr. Augello, proclaiming Friday, December 11 as "Employer Support of the Guard and Reserve Day" in Dublin. • Update from Franklin County Auditor's Office Clarence Mingo, Franklin County Auditor noted that Ohio law requires that every parcel of property in the county be reappraised during 2010, and the process is now underway. They are gathering information, using aerial photography to view every structure in the county and dispatching an appraiser to each parcel to obtain a ground level view. A thorough review of each parcel will then be done to set the fair market value. He noted that the homestead exemption is available to senior citizens and those who are permanently or totally disabled. It offers up to $25,000 off the appraised value of a given property for these individuals. A property valued at $200,000 for tax purposes will be valued at $175,000, and the qualifying resident will pay taxes on the $175,000 valuation versus $200,000 valuation. They are working to make those eligible aware of the homestead exemption. He noted that the reappraisal of properties is now underway, and from January 1, 2011 through March 31, 2011, residents can appeal the appraised value of their property. An appeal can be filed with the Board of Revisions, and another review of the property appraisal will be made. In 54 percent of the cases filed, the resident has prevailed and the appraised value has been lowered. Mr. Keenan asked when the new appraised values will be received and how will they be transmitted to owners. Mr. Mingo responded that the updated appraisals will be mailed to property owners. In addition, the website is updated regularly and the information will be available on the website in late 2010 — possibly before the appraisal documents are mailed. Mr. Mingo added that the current property tax bills will be mailed out countywide on December 18, 2009. The appellate process is available for those who believe their valuation is not correct. Mr. Reiner asked if there is any recourse available for those senior citizens who did not file for the homestead exemption when they were qualified to receive it. Mr. Mingo responded that he has not observed the exemption applied retroactively except in the case of a one -year lapse. Beyond one year, they would not be eligible to recover; but within the one -year time frame, they could take advantage of it. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meet December 7, 2009 Page 2 Vice Mayor Boring asked if he is working with senior citizen agencies to communicate this information. Mr. Mingo responded that they have hired a Community Relations Director who is mapping a strategy to identify every senior care facility in the county. They will make a presentation and take applications on site at those facilities. They encourage senior citizens to contact the Auditor's office for assistance with applications. Mayor Chinnici - Zuercher thanked him for this update. • Update from Central Ohio Transit Authority (COTA) — Scott White, Dublin representative to COTA Board Mr. White. Dublin representative to the COTA Boa and President/CEO of IGS Ener thanked Council for his appointment to COTA Board. The COTA organization is moving in the right direction and is developing a very high quality leadership team. Mr. Lhota, President and CEO could not be present tonight but Mr. Bradley has accompanied him tonight to respond to questions. Mr. White reported the following: • He reviewed the background of the relationships between Dublin and COTA and significant events. He noted that in 2008, Dublin became a COTA Charter City, giving Dublin the right to have board representation. There are 13 COTA Board Members — 7 appointed by Columbus, 2 by Franklin County, and 4 appointed by 11 suburbs of Columbus who rotate representation. Currently, Upper Arlington, Worthington, Hilliard and Dublin are the suburban representatives to the Board. His three -year term as Dublin's representative will end in March of 2012, and under the rotation system, Dublin will not be represented again until 2018. • He highlighted the capital projects as outlined in the handout. Ground was recently broken on the paratransit facility, which received a $13.6 million federal grant and is scheduled for completion in one year. COTA is remodeling a building downtown to serve as their headquarters at 33 N. High Street. They are modifying their bus purchasing process to provide a uniform and programmed approach. • COTA will implement a rate increase in January of 2010. The fare increase, which was previously scheduled for January of 2009 was delayed due to the economic conditions. Typically, a rate increase takes place every three years. This increase is the first in four years. The periodic rate increases are needed to keep the revenue from fare payers in balance with the other revenues COTA receives. This increase will provide that 18 percent of the revenue is generated from fare payers of the system, which is in line with COTA's peer group. • COTA has upgraded their Park and Ride facility in Dublin, and a dedication ceremony will take place on Wednesday morning at 6:45 a.m. Council has been invited to attend. • He shared an updated system map, which displays current routes and potential routes for the future. Mayor Chinnici - Zuercher thanked Mr. White for his representation of Dublin on the COTA Board. She noted that with the four northwest suburbs serving on the Board at this time, there may be potential for increasing the service to the northwestern portions of Franklin County. Hopefully, discussion can be initiated regarding improving and expanding such service to ensure transportation for the employers moving employees into Dublin and for Dublin residents traveling to other locations to work. Mr. White responded that COTA is one of the very few transit authorities in Ohio that plans to increase their annual service hours. Most providers are shrinking their service hours. COTA plans to continue to add 30,000 hours of service on an annual basis. They are hopeful of bringing more service to Dublin and other suburbs. • 2010 Marketing Plan -Dublin Convention & Visitors Bureau Sue Burness. City representative to the DCVB thanked Council for the opportunity to serve on the Board. She complimented the Board and the staff of the DCVB for their work in bringing visitors to Dublin and creating the Irish brand for Dublin. She emphasized that the mission of the DCVB is to attract, service and retain overnight visitors to the City of Dublin, which increases hotel /motel tax revenue and generates dollars for the City's economy. The Bureau has added a new Board member to serve as a corporate RECORD OF PROCEEDINGS Minutes of Dublin Meeting December 7, 2009 Page 3 representative -- Sondra Kowaluk, Corporate Controller of OCLC. She noted that the Bureau has begun the search for a new location for its administrative offices. Effective October 31, 2010, the Bureau's administrative offices will no longer be at its present location in the Historic District. Costs and space limitations have driven the decision to move. Staff will work with the City staff to identify potential locations for other office space. They were able to extend the lease for the Dublin Visitor and Information Center in Historic Dublin through 2015. This facility has served as a great resource for visitors and residents and has hosted visitors in the past year from 47 states and 15 countries. Scoff Dring, Executive Director reported that the Board approved today the 2010 marketing plan, which has been distributed to Council tonight. This serves as a road map for the DCVB in driving tourism dollars to the City of Dublin. In the packet are charts and graphs providing an historical perspective regarding occupancy rates, average daily rates, and hotel /motel tax revenue over the years. The plan includes new strategies to generate additional business, in view of the corporate travel reductions throughout the industry. One strategy is to maximize the business from the youth sports market, which has increased 12 percent in 2009 from the previous year. The leisure and group tour markets are also doing well, and the new and emerging markets of focus are social, military, and religious groups. They have hired a new sales professional to help generate business from this market. They have recently secured the Ohio Wine Producer Association annual conference, which will be held in Dublin in March, and the Ohio Statewide Pokeman Championship Tournament, to be held in April at two Dublin hotels. The Bureau applauds the City for their great work on the Bridge Street Corridor project, and they are excited about being engaged in this process. Mayor Chinnici - Zuercher thanked them for the updates, noting that the DCVB Board, staff and volunteers have done a wonderful job in the past year. Mr. Keenan noted that there was some recent discussion about the potential of a new hotel locating in the area. In looking out one or two years, is this a possibility? Mr. Dring responded that in the current market, he believes it will not occur in the near future. Perhaps a limited service hotel property could be added to the market. A Holiday Inn Express opened in Dublin in August, which is Dublin's 15 hotel — bringing the total number of hotel rooms in Dublin to 2,000. Mr. Reiner noted that the Bicycle Advisory Task Force discussed various bicycle races, which draw a large variety of participants. There is a desire to bring some of these races, which are very popular on the west coast, to Dublin. It would be desirable for Dublin to have a reputation as a place where these bicycle races are hosted. Mr. Dring noted that there are three cycling events as part of the Can -Am games, and he will pursue other such bicycle races for Dublin in the future. CORRESPONDENCE There was no correspondence requiring action from Council. CITIZEN COMMENTS Yi Xiao Ping, Dublin noted that he is celebrating the 60 anniversary of the People's Republic of China. He commented regarding the restoration of paradise in the new China, the loss of the American paradise 500 years ago, and the hope that paradise will someday be restored in America. POSTPONED ITEMS Ordinance 47 -09 Rezoning Approximately 4.18 Acres, Located on the Northeast Corner of the Intersection of Shier Rings Road and Eiterman Road, from R, Rural District to HDP, High Density POD District within the Future Central Ohio Innovation Center. (Case 08 -107Z) Mr. Foegler stated that the applicant has requested by letter that this rezoning be tabled indefinitely. Mr. Gerber moved to table the ordinance indefinitely. Ms. Salay seconded the motion. Vote on the motion: Mr. Reiner, yes; Mr. Keenan, yes; Vice Mayor Boring, yes; Mayor Chinnici - Zuercher, yes; Ms. Salay, yes; Mr. Gerber yes; Mr. Lecklider, yes. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting December 7, 2009 Page 4 SECOND READING /PUBLIC HEARING — ORDINANCES Ordinance 62 -09 Adopting the Annual Operating Budget for the Fiscal Year Ending December 31, 2010, and Declaring an Emergency. Ms. Grigsby noted that the operating budget workshops took place on November 9 and 18, and the follow -up memo provides a summary of the actions at the budget hearings. She noted the following: • Per Council's direction, funding was added to the operating budget for Dublin Life magazine. • A series of capital improvement projects that were approved and for which funds were appropriated in 2009 will not be completed. Those projects have been carried over into 2010 and identified as carryover items in the capital improvements tax fund. • Staff had proposed an allocation in the budget of a three percent salary increase for non - bargaining unit employees, and at Council's direction that has been eliminated from the budget. The understanding is that in 2010, as part of the Finance Committee quarterly review meetings, the City's financial status will continue to be evaluated to determine whether any salary adjustments will be funded later in 2010. The net impact of a three percent salary adjustment for this group was in the range of $400,000. In reviewing the budget presented to Council tonight, the adjustments in the salary and wages account reflects slightly more than that. The reduction of the three percent allocation equated to approximately $390,000. There is an additional adjustment of $110,000 resulting from further analysis of positions being reallocated. In summary, the total reduction in salaries and wages in the document presented equates to $500,000. • In terms of benefits, further staff review brought adjustments in this area of $220,000. These relate to positions that were vacant and not funded in the 2010 budget. The amount had already been reduced and was reduced again. Therefore, there is a $200,000 plus reduction included in the 2010 budget, and it is possible that a supplemental appropriation may be needed in 2010 for that. • She emphasized that overall, the 2010 operating budget reflects a nine percent reduction from the 2009 operating budget adopted by Council last year. • Staff will continue to review the budget in quarterly meetings with the Finance Committee throughout 2010. • Staff is requesting adoption by emergency tonight in order to have the budget effective on January 1, 2010. Mayor Chinnici - Zuercher noted that on page 19, it indicates that the budget includes 266 part-time and seasonal positions. She had understood in the past that the City had very few part-time positions. Ms. Grigsby responded that many of these part-time positions are actually seasonal, and the numbers fluctuate depending upon the season. This provides additional flexibility for staffing in terms of hiring or rehiring seasonal positions. Vice Mayor Boring asked for clarification of part-time and permanent part-time positions. Ms. Grigsby responded that there are 8 permanent part-time positions in the budget. This number has been consistent. The remainder are seasonal and intermittent, such as maintenance workers who work for nine months in the growing season. Lifeguards work varied schedules, depending upon operations. Vice Mayor Boring noted that at the end of the budget workshop on November 18, there was discussion about salary adjustments. She was not prepared to discuss that matter at that time. In further reviewing the information, she believes that the Council and staff can be very proud of the high level of financial reserves maintained for the City. But in reviewing the decision about employee raises, the amount proposed in the budget for this was less than one percent of the entire operating budget. It concerns her that raises for non -union employees were not included in the budget, and that options were not discussed or considered for implementing any RECORD OF PROCEEDINGS Minutes of Dub City_Cou Meeting December 7, 2009 Page 5 salary adjustments in 2010. Staff has worked very hard to trim the operating budgets. When a business is well managed, the employees deserve to share in the success. She will vote in favor of the budget, but going forward in 2010, she will be very supportive of some type of increase for employees, based on the presentations and options that staff will provide. She believes that this matter should be reconsidered next year. Mr. Keenan responded that the compromise was that this item would be revisited at the quarterly financial review sessions. With updates on the revenue stream, this matter can be considered again. Vice Mayor Boring stated that Council had the option of either leaving the funds in the budget or eliminating them. After digesting the information, she supports reconsideration. Mr. Keenan noted that he believes there will be ample opportunity to review this again in the quarterly financial update meetings. There was no further discussion. Mayor Chinnici - Zuercher moved for emergency passage. Mr. Gerber seconded the motion. Vote on the motion: Ms. Salay, yes; Mr. Lecklider, yes; Mr. Reiner, yes; Mr. Keenan, yes; Mr. Gerber, yes; Vice Mayor Boring, yes; Mayor Chinnici - Zuercher, yes. Vote on the Ordinance: Mr. Keenan, yes; Mr. Gerber, yes; Vice Mayor Boring, yes; Mayor Chinnici - Zuercher, yes; Mr. Reiner, yes; Mr. Lecklider, yes; Mr. Salay, yes. Mayor Chinnici - Zuercher moved to waive the Council Rules of Order and to have the Clerk read the property owners' names into the record for Ordinances 66 -09 through 80 -09. Mr. Gerber seconded the motion. Vote on the motion: Vice Mayor Boring, yes; Mr. Keenan, yes; Mr. Reiner, yes; Ms. Salay, yes; Mr. Gerber, yes; Mayor Chinnici - Zuercher, yes; Mr. Lecklider, yes. (The Clerk read the property owners' names into the record.) Ordinance 66 -09 Authorizing the City Manager to Execute Necessary Conveyance Documentation to Accept the Dedication of a 0.062 Acres, More or Less, Permanent Bikepath Easement and a 0.115 Acres, More or Less, Temporary Construction Easement From HPTRI Properties Trust. Ordinance 67 -09 Authorizing the City Manager to Execute Necessary Conveyance Documentation to Accept the Dedication of a 0.031 Acres, More or Less, Permanent Bikepath Easement and a 0.114 Acres, More or Less, Temporary Construction Easement from McCormick Westpointe Metro Lakes, LLC and Affiliated Companies. Ordinance 68 -09 Authorizing the City Manager to Execute Necessary Conveyance Documentation to Accept the Dedication of a 0.057 Acres, More or Less, Permanent Bikepath Easement and a 0.061 Acres, More or Less, Temporary Construction Easement from Metrocenter Owners Association, Inc. Ordinance 69 -09 Authorizing the City Manager to Execute Necessary Conveyance Documentation to Accept the Dedication of a 0.029 Acres, More or Less, Permanent Bikepath Easement and a 0.125 Acres, More or Less, Temporary Construction Easement from Metrocenter Office Investment, LLC. Ordinance 70 -09 Authorizing the City Manager to Execute Necessary Conveyance Documentation to Accept the Dedication of a 0.034 Acres, More or Less, Permanent Bikepath Easement and a 0.207 Acres, More or Less, Temporary Construction Easement from 495 Metro Place, LLC. RECORD OF PROCEEDINGS Minutes of Dublin City Council Ordinance 71 -09 December 7, 2009 Page 6 Authorizing the City Manager to Execute Necessary Conveyance Documentation to Accept the Dedication of a 0.048 Acres, More or Less, Permanent Bikepath Easement and a 0.093 Acres, More or Less, Temporary Construction Easement from 545 Metro Place, LLC. Ordinance 72 -09 Authorizing the City Manager to Execute Necessary Conveyance Documentation to Accept the Dedication of a 0.007 Acres, More or Less, Permanent Bikepath Easement and a 0.061 Acres, More or Less, Temporary Construction Easement from JP Morgan Chase Bank, N.A. Ordinance 73 -09 Authorizing the City Manager to Execute Necessary Conveyance Documentation to Accept the Dedication of a 0.028 Acres, More or Less, Permanent Bikepath Easement and a 0.130 Acres, More or Less, Temporary Construction Easement from 570 Metro Place North Limited Partnership. Ordinance 74 -09 Authorizing the City Manager to Execute Necessary Conveyance Documentation to Accept the Dedication of a 0.032 Acres, More or Less, Permanent Bikepath Easement and a 0.133 Acres, More or Less, Temporary Construction Easement from Dublin Metro Hotel LLC. Ordinance 75 -09 Authorizing the City Manager to Execute Necessary Conveyance Documentation to Accept the Dedication of a 0.017 Acres, More or Less, Permanent Bikepath Easement and a 0.057 Acres, More or Less, Temporary Construction Easement from The Ohio Society of Certified Public Accountants. Ordinance 76 -09 Authorizing the City Manager to Execute Necessary Conveyance Documentation to Accept the Dedication of a 0.006 Acres, More or Less, Permanent Bikepath Easement and a 0.054 Acres, More or Less, Temporary Construction Easement from Pizzuti Land LLC. Ordinance 77 -09 Authorizing the City Manager to Execute Necessary Conveyance Documentation to Accept the Dedication of a 0.016 Acres, More or Less, Permanent Bikepath Easement and a 0.065 Acres, More or Less, Temporary Construction Easement from Pinnacle Dublin Limited Liability Company. Ordinance 78 -09 Authorizing the City Manager to Execute Necessary Conveyance Documentation to Accept the Dedication of a 0.011 Acres, More or Less, Permanent Bikepath Easement and a 0.190 Acres, More or Less, Temporary Construction Easement from Two Metro Place Partners LLC. Ordinance 79 -09 Authorizing the City Manager to Execute Necessary Conveyance Documentation to Accept the Dedication of a 0.019 Acres, More or Less, Permanent Bikepath Easement and a 0.097 Acres, More or Less, Temporary Construction Easement from BRE /ESA Properties LLC. Ordinance 80 -09 Authorizing the City Manager to Execute Necessary Conveyance Documentation to Accept the Dedication of a 0.032 Acres, More or Less, Permanent Bikepath Easement and a 0.144 Acres, More or Less, Temporary Construction Easement from Eastrich No. 167 Corporation. Mr. Smith stated that, as previously communicated to Council, the property owners have dedicated the land to the City without receiving any compensation. RECORD OF PROCEEDINGS M inutes of Dublin City Council Meeting December 7, 2009 Page 7 Held 20 Vote on Ordinances 66 -09 through 80 -09: Vice Mayor Boring, yes; Mr. Keenan, yes; Mr. Reiner, yes; Ms. Salay, yes; Mr. Gerber, yes; Mr. Lecklider, yes; Mayor Chinnici - Zuercher, yes. Mayor Chinnici - Zuercher expressed Council's appreciation to the business and property owners for working with the City on this project. INTRODUCTION /FIRST READING — ORDINANCES Ordinance 81 -09 Amending the Annual Appropriations for the Fiscal Year Ending December 31, 2009. Vice Mayor Boring introduced the ordinance. Ms. Grigsby stated that this legislation relates to year -end work. • The appropriation requests relate to debt issuance costs incurred with the recent bond issue. The City does not have the final pricing book, but some information was provided to Council regarding the final savings. The actual cost savings over the next 11 years is nearly $2.2 million, with a net present value of $1.875 million. • In regard to appropriations for capital projects, they are related to additional design costs and right -of -way for the COIC, and some additional construction costs for the Avery widening project at Shier -Rings and Towel. Staff is requesting that Council dispense with the public hearing and adopt the ordinance at this time. Mr. Keenan stated that the information indicates bond issuance costs of $350,000, which included the reviews by the rating agencies. Are those costs for the actual rating process, and is it ancillary to the issuance? Ms. Grigsby responded that the rating reviews related to this bond issuance. The cost from Fitch was $15,000 and Moody's was $16,500. Mr. Gerber moved to dispense with the public hearing. Mr. Lecklider seconded the motion. Vote on the motion: Mr. Lecklider, yes; Vice Mayor Boring, yes; Ms. Salay, yes; Mr. Gerber, yes; Mayor Chinnici - Zuercher, yes; Mr. Keenan, yes; Mr. Reiner, yes. Vote on the Ordinance: Mr. Gerber, yes; Mr. Lecklider, yes; Vice Mayor Boring, yes; Ms. Salay, yes; Mr. Reiner, yes; Mr. Keenan, yes; Mayor Chinnici - Zuercher, yes. Ordinance 82 -09 Establishing Appropriations Based on the 2010 Operating Budget of the City of Dublin, State of Ohio, for the Fiscal Year Ending December 31, 2010. Vice Mayor Boring introduced the ordinance. Ms. Grigsby stated this is the companion ordinance to the 2010 operating budget, and establishes the annual appropriations. Staff is requesting that Council dispense with the public hearing and adopt the legislation at this time. Mr. Gerber moved to dispense with the public hearing. Ms. Salay seconded the motion. Vote on the motion: Mr. Reiner, yes; Ms. Salay, yes; Vice Mayor Boring, yes; Mr. Keenan, yes; Mr. Lecklider, yes; Mayor Chinnici - Zuercher, yes; Mr. Gerber, yes. Vote on the Ordinance: Ms. Salay, yes; Mr. Gerber, yes; Mr. Reiner, yes; Mr. Lecklider, yes; Vice Mayor Boring, yes; Mr. Keenan, yes; Mayor Chinnici - Zuercher, yes. Ordinance 83 -09 Authorizing the Acquisition of Approximately 0.171 Acres of Land for General Park Purposes, and Declaring an Emergency. Mr. Lecklider introduced the ordinance. Mr. Hahn stated that this ordinance provides for expansion of the Waterford Drive open space. Staff recommends Council approval of this purchase by emergency action for the benefit of the property owner. Mayor Chinnici - Zuercher asked what the anticipated closing costs will be for this purchase. Mr. Smith responded that the closing costs are minimal and relate to the recording of the deed and title insurance for the $9,000 purchase. RECORD OF PROCEEDINGS Minutes of Dublin Cjty_Council Meeting December 7, 2009 Page 8 Mr. Gerber moved to dispense with the public hearing and treat this as emergency legislation. Mr. Reiner seconded the motion. Vote on the motion: Mayor Chinnici - Zuercher, yes; Vice Mayor Boring, yes; Mr. Reiner, yes; Mr. Lecklider, yes; Mr. Gerber, yes; Mr. Keenan, yes; Ms. Salay, yes. Vote on the Ordinance: Mr. Gerber, yes; Ms. Salay, yes; Mr. Keenan, yes; Mr. Lecklider, yes; Mayor Chinnici - Zuercher, yes; Vice Mayor Boring, yes; Mr. Reiner, yes. Ordinance 84 -09 Amending Section 2 (Wage & Salary Structure /Administration), Paragraph A of Ordinance No. 73 -06 (Compensation Plan for Non -Union Personnel) for the Purpose of Approving Pay Grades for Two New Job Classification Titles Identified in the 2010 Operating Budget (Sustainability Programs Administrator and Emergency Management Coordinator /Law Enforcement Planner). Ms. Salay introduced the ordinance. Mr. Harding stated that a memo in the packet outlines the need for and nature of the amendments. The ordinance formally adopts pay grades for two new job classifications identified in the 2010 operating budget — the sustainability programs administrator and the emergency management coordinator /law enforcement planner. This legislation is typically submitted in follow -up to budget workshops in which new positions are proposed. This is also related to the recent organizational restructuring adopted by Council, which added the sustainability and emergency management functions. The memo includes background on the two job classifications -- a recap of information provided in the budget workshop and the organizational restructuring. The staff classification and compensation team reviewed the job duties and responsibilities and recommends that both jobs be assigned to pay grade 4.2 in the existing salary structure. Staff recommends adoption of the ordinance at the second reading on January 11, 2010. Mr. Keenan noted that the staff report indicates that both positions will be filled internally. What is the current pay grade for the internal candidates who will be appointed to these new jobs? Mr. Harding responded that the Planner II who will move to the sustainability program administrator job is currently at a pay grade of 4.2. The Police Lieutenant who will move to the emergency management coordinator /law enforcement planner is currently at a pay grade of 3.2, and the new position will actually be a lower grade of 4.2. There will be a second reading /public hearing at the January 11, 2010 Council meeting. Ordinance 85 -09 Authorizing the City Manager to Execute Necessary Conveyance Documentation to Accept the Dedication of a Combined 0.146 Acres, More or Less, Fee Simple Interest and a 1.165 Acres, More or Less, Utilities Easement from Cardinal Health, Inc. Mr. Gerber introduced the ordinance. Mr. Hammersmith stated that this is the finalization of right -of -way and utility easements needed for the improvement of Emerald Parkway at the new Cardinal Health west campus entrance. There will be a second reading /public hearing at the January 11, 2010 Council meeting. Ordinance 86 -09 Rezoning Approximately 24.6 Acres Located on the Southwest Corner of the Intersection of Post Road and Discovery Boulevard within Perimeter Center, from PCD, Planned Commerce District to PUD, Planned Unit Development District. (Case 09 -091 Z/PDP) Ms. Salay introduced the ordinance. Mr. Smith stated that a letter has been provided to Council from Aaron Underhill, Smith & Hale, representing applicant WD Partners, requesting that this matter be held over for first reading in January 2010. There are some issues being discussed with the adjacent residents. Mr. Gerber moved to postpone the ordinance until January 2010. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting December 7, 2009 Page 9 Ms. Salay seconded the motion. Vote on the motion: Vice Mayor Boring, yes; Mr. Reiner, yes; Mr. Lecklider, yes; Mr. Gerber, yes; Mr. Keenan, yes; Mayor Chinnici - Zuercher, yes; Ms. Salay, yes. INTRODUCTION /PUBLIC HEARING - RESOLUTIONS Resolution 59 -09 Requesting the Delaware, Franklin and Union County Auditors to Draw and the Delaware, Franklin and Union County Treasurers to Issue a Draft to the Director of Finance of the City of Dublin for any Money that May Be in the County Treasury to the Account of the City of Dublin. Mr. Reiner introduced the resolution. Ms. Grigsby stated that this legislation allows the City to request the distribution of a portion of property tax revenue prior to the timeframe in which the county typically distributes it. The City therefore receives the funds at an earlier date and can invest them. Vote on the Resolution: Mr. Gerber, yes; Mr. Reiner, yes; Ms. Salay, yes; Vice Mayor Boring, yes; Mr. Lecklider, yes; Mr. Keenan, yes; Mayor Chinnici - Zuercher, yes. OTHER North High Street and North Street Crosswalk Proposed Modifications/ Enhancements Mr. Hammersmith noted that this pedestrian crossing has been the subject of previous discussion. There was a proposal last summer for in pavement lighting to be installed at this location. The concern to be addressed was with visibility — both for motorists to be aware of pedestrians in the crosswalk and for visibility of the signage during the day and at night. He displayed slides of the crosswalk depicting the existing conditions and described the conditions impacting visibility. He reviewed the various alternatives investigated by staff to address the issues. After review of the options, staff is recommending implementation of internally illuminated signage with yellow strobes that will flash when a pedestrian uses the pushbutton. The estimated cost of the signage assembly is $22,000, and funds have been budgeted in the 2010 operating budget for these enhancements. City crews will remove the existing signage and install the new signs, and the work is anticipated to require several days to perform. Brief discussion took place regarding the operation and placement of the signage and strobes. Mayor Chinnici - Zuercher asked if the funds could be made available to have this work initiated in December. Ms. Grigsby responded that staff could identify some funding available to do this. Ms. Willis noted that there is lead time needed to order the signage, as the signage is custom made. Council agreed that the signage should be ordered immediately upon approval of a motion to approve the recommendation. Staff indicated that the goal for completion, based upon the signage delivery date and weather suitable for installation is mid - February. Mr. Gerber moved to adopt the staff recommendation. Ms. Salay seconded the motion. Vote on the motion: Mr. Lecklider, yes; Mr. Keenan, yes; Mr. Reiner, yes; Vice Mayor Boring, yes; Ms. Salay, yes; Mr. Gerber, yes; Mayor Chinnici - Zuercher, yes. Mayor Chinnici - Zuercher thanked staff for identifying this solution to address the concerns. Revised Proposed Rules and Regulations for Planning & Zoning Commission, Architectural Review Board and Board of Zoning Appeals Ms. Colley stated that the Rules and Regulations for the PZC, ARB and BZA have been provided. Based on the direction of Administrative Committee and Council, the changes have been incorporated into the documents and they are ready for adoption. She offered to respond to questions. Vice Mayor Boring noted that the documents in the packet are identified as "Administrative Committee Draft - Clean Version." However, some of the changes directed by the Committee have not been incorporated. Some examples are: RECORD OF PROCEEDINGS Minutes of Dublin City-Council Mee December 7, 2009 Page 10 • On page 4 in PZC Rules, Section 8, Tabling and Withdrawal, it states that, "The request may require approval by a majority of the Commission." The Committee directed that the word "may" be changed to "shall." • On page 4, Section D, Meeting Procedure, in regard to time limits, the Committee had directed that the language, "The Chair has the authority to limit the time for each citizen comment and the number of persons making comments on any case or limit the number of times a single person may speak" be deleted, and that the language instead provide that the Chair would have the ability to remind those testifying not to repeat the testimony already provided by others. Mr. Keenan stated that his recollection is that Council wanted to leave some flexibility for the Chair in this regard. Currently, the Chair does have such flexibility. Ms. Salay clarified that the Committee's recommendation was to reinstate the five- minute time limit into the rules and eliminate the flexibility for the Chair to modify this provision. Mayor Chinnici - Zuercher stated that the Chair would still have the flexibility to remind people not to repeat testimony. Vice Mayor Boring continued: • Page 4, Section D, it states, " ... any issues raised before the Commission by the City or the public." The term "City" was to be changed to "staff' throughout the documents. Vice Mayor Boring requested that the documents be revised again and presented at the next meeting. These changes need to be made as appropriate in the PZC, BZA and ARB Rules. Ms. Colley recapped the changes identified: modifications to Section 8, Tabling and Withdrawal; modifications to Meeting Procedure; and changing "City" to "staff' throughout the documents. Vice Mayor Boring noted that all of the direction was provided at the Administrative Committee meeting and at the Council discussion. She asked that staff review the minutes to ensure that all of the changes are incorporated prior to the next meeting. Ms. Salay moved to postpone the Rules and Regulations for PZC, ARB and BZA to the January 2010 meeting. Mr. Reiner seconded the motion. Vote on the motion: Mr. Keenan, yes; Mr. Gerber, yes; Ms. Salay, yes; Mr. Lecklider, yes; Vice Mayor Boring, yes; Mr. Reiner, yes; Mayor Chinnici - Zuercher, yes. Proposed Rules of Order for Personnel Board of Review Ms. Colley stated that the PBR did not establish Rules of Order from 1987 through 2004. In 2004, an appeal was filed with the PBR, Rules were deemed necessary and were developed, based upon Ohio Personnel Board of Review Rules and the City of Columbus Personnel Board of Review Rules. These Rules were never formally adopted by Council. Staff has drafted updates Rules which were reviewed and approved by the Personnel Board of Review at their November 30, 2009 meeting. Staff recommends that Council refer the PBR Rules to the Administrative Committee for review and recommendation to Council. Mr. Keenan moved referral to the Administrative Committee of Council. Mr. Gerber seconded the motion. Vote on the motion: Vice Mayor Boring, yes; Mr. Keenan, yes; Mr. Reiner, yes; Mayor Chinnici - Zuercher, yes; Mr. Gerber, yes; Mr. Lecklider, yes; Ms. Salay, yes. • PRAC and CSAC Items of Interest for 2010 Ms. Colley stated that CSAC developed and approved their list on October 13. PRAC met on May 20 and November 18 to develop, refine and approve their list and have now prioritized their list. They have prioritized seven items, only six of which need review by Council, as the Chapter 96 Code update has already been initiated by PRAC due to time constraints. Staff is recommending referral of these lists to the Community Development Committee for review and recommendation. Mr. Gerber moved referral to the Community Development Committee. Ms. Salay seconded the motion. Vote on the motion: Mr. Reiner, yes; Mr. Keenan, yes; Vice Mayor Boring, yes; Mayor Chinnici - Zuercher, yes; Ms. Salay, yes; Mr. Lecklider, yes; Mr. Gerber, yes. RECORD OF PROCEEDINGS Dublin City-Co u ncil Meeting December 7, 2009 Page 11 STAFF COMMENTS Mr. Foegler reported that a community meeting with residents of Ballantrae was held recently and attended by Council Member Salay. The Homeowners Association had inquired about the potential of the Association taking over the maintenance of some public rights -of -way and park areas currently maintained by the City in order to provide a higher level of maintenance than what the City was providing through its existing contracts. Staff suggested something similar to what is done with the Muirfield Association for right -of -way maintenance along Muirfield Drive. This arrangement effectively provides an allocation toward the Association and their contractor in the amount of what is currently funded by the City for maintenance if the Association chooses to provide the service to a higher level. The Ballantrae Homeowners Association has now decided they would like to do so. Technically, the City contracts for this maintenance with a third party and the Ballantrae Association would be yet another party being contracted with by the City to do this work. However, staff believes that something formal should be brought to Council to memorialize this arrangement and provide better tracking over time. Therefore, staff will bring this information to Council at a future date for their review. COUNCIL COMMITTEE REPORTS /COUNCIL ROUNDTABLE Mr. Keenan, Finance Chair reported that the Committee met on November 23 to review hotel /motel tax grant applications and the remaining Bicentennial grant requests. Mayor Chinnici - Zuercher also attended the meeting. The Committee is recommending approval of the following grants: • Can -Am Police -Fire Games — the recommendation is for $24,950 to assist with marketing and insurance costs. • Kiwanis Club of Dublin, Frog Jump Festival — cost of City services not to exceed $5,650. This amount should cover all City services costs. • Arthritis Foundation — cost of City services not to exceed $10,000 and rental fee of the Showmobile waived. Setup and tear down costs of the Showmobile are to be paid out of the $10,000 grant. • Dublin Soccer League — necessary appliances and equipment (per items outlined in grant application) not to exceed $6,547.33 to operate the new Darree Fields concession stand plus the cost of City services to maintain current trash and restroom servicing during the Dublin Charity Cup Soccer Tournament. Installation is to be coordinated with the City. • Dublin Area Art League — the Committee recommends placing this request on pending a discussion with Mr. Guion, Ms. Salay and Mr. Keenan. • Dublin Scioto High School Theatre Department — the recommendation is to deny this request based on its not meeting the spirit of some of the grant criteria. There is also concern about potential liability issues. • Historic Dublin Business Association — $20,000 toward activities /events in Historic Dublin. Bicentennial grants • The Dublin Women's Philanthropic Club — one -half of the cost of a large painted mural celebrating the history of the Dublin community not to exceed $1,000. It is contingent upon legal approval for both entities. • Blarney House Charities, Inc. — $3,000 to help offset the cost of Blarney in the Alley on July 3, 2010. Historic Dublin Business Association— $8,000 toward a "200 Years of Commitment to Community" event recognizing volunteerism as part of the Bicentennial celebration. • Dublin Chamber Civic Foundation — the Committee has requested additional information and a response has been received from the applicant. The Committee will review this and have a recommendation at a later date. Mr. Keenan noted that the beginning balance for grant awards was $200,000; $25,000 was allocated toward bicentennial grants; $175,000 remained available for 2010 hotel /motel tax grants, and $20,000 of this was allocated and approved for grants related to the Historic District. Therefore, $155,000 in funding remains for awards, and the grants recommended tonight total $59,057, leaving approximately $95,000 in the budget available for hotel /motel tax grants. Mayor Chinnici - Zuercher noted that there was an excellent group of applications submitted, reflecting a great diversity of interest and activity in the community. The Committee engaged in a thorough deliberation regarding the applications. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting December 7, 2009 Page 12 Mr. Keenan added that none of the funds are actually awarded until the appropriate documentation evidencing expenditure of the funds for the grant purposes is provided to the City. Vote on the Finance Committee recommendations: Ms. Salay, yes; Mr. Lecklider, yes; Mr. Gerber, yes; Vice Mayor Boring, yes; Mr. Keenan, yes; Mr. Reiner, yes; Mayor Chinnici- Zuercher, yes. Mr. Keenan: 1. Noted that the Code Enforcement activity report indicates 222 new cases of parking enforcement, and 444 inspections. He asked where all of this activity is taking place. Mr. Foegler responded that much of this is in the Historic District, and he believes an alternate mechanism other than Code enforcement is needed going forward. This will be included in the proposal for parking strategies in Historic Dublin being prepared for Council. 2. Noted that the Community Survey is very comprehensive, but perhaps it is too lengthy and may result in fewer responses. Mr. Edwards responded that the survey is consistent with what has been used in past surveys. As questions are added regarding new issues, staff makes an effort to remove other questions in order to keep the size manageable. However, it is important to have consistency in questions to better gauge changes from year to year. The survey is available online this year, and staff is hoping for an even higher return rate. Ms. Salay: -- 1. Thanked Mr. Hammersmith, Mr. Foegler and Ms. Grigsby for facilitating the bike path construction along Shier -Rings Road. This path links the Ballantrae community nearly to Avery Road. A letter was included in the Council packet from the neighborhood, expressing their appreciation. She has received phone calls and notes of thanks as well. 2. Commented that a memo in follow -up to the reorganization, providing locations of any relocated staff would be most helpful. Mr. Foegler responded that he has a draft memo from Mr. Harding with this information, and it will be circulated very shortly. 3. Reminded everyone that Dublin City Council will be recognized by the Neil Kennedy Recovery Clinic for passage of the social host legislation at the "Hope has a Home" awards ceremony on Wednesday, December 9 from 6 -7:30 p.m. at the DCRC. She encouraged all Council Members to attend. 4. Commented that as her second term on Council concludes, she is looking forward to the next four years of service. She is very thankful for all the amazing work that staff does, noting that much is accomplished due to staffs hard work and dedication. The community and Council appreciates staff very much! Mr. Lecklider echoed Ms. Salay's recognition of staff for their hard work and dedication in 2009, which seemed to be a challenging year in many respects. He is looking forward to meeting and overcoming the challenges of 2010! Vice Mayor Boring: 1. Thanked Ms. Salay for the reminder about the awards ceremony and recognition, which comes as a result of the hard work of Ms. Salay and Mr. Gerber with the social host legislation. 2. Reminded Council that the Senior Luncheon takes place on Thursday, and the Chamber Recognition luncheon is scheduled for Friday. She encouraged everyone to attend. 3. Thanked Mayor Chinn ici-Zuercher for volunteering to represent Council at the 6:45 a.m. event at the COTA Park and Ride. 4. Noted that she reviewed the Bicentennial timeline of events during 2010. The memo indicates that the State of the City presentation marks the official kick -off event, yet the Dublin Foundation has named the City of Dublin as the honoree of the Emerald Celebration taking place in February of 2010. It seems that the February event would be the official kick -off of the Bicentennial year. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meetine December 7, 2009 Page 13 Held 20 Mr. Edwards responded that the actual kick -off for the City- sponsored activities is the State of the City presentation in March. But he agreed that the initial community kick -off will be the Emerald Celebration in February. The schedule for 2010 will be modified accordingly. 5. Wished everyone a very Merry Christmas! Mayor Chinnici - Zuercher stated: 1. The Bionic Beasts LEGO Robotics team from Karrer Middle School, who presented at Council in November placed first at the Botcat Regional competition on Saturday. Congratulations to them from all of Council! There are great opportunities for youth in the community, and much enthusiasm from the volunteer coaches who assist in this learning endeavor. 2. There have been discussions in the past week regarding natural gas costs, given the recent coverage in the Dispatch about the gas aggregation program. Perhaps when Mr. McDaniel is present, a more comprehensive discussion can take place about the future of the gas aggregation program. She did remind everyone that there is an opportunity for residents who desire to do so to opt out of the aggregation program. Perhaps there is another venue where this communication about options could take place, such as the City web site. Mr. Foegler responded that he discussed this matter with staff, and perhaps an upcoming newspaper article and information on the web site can be utilized as additional tools to increase awareness of the program and the various options available to residents. Mr. Keenan added that the newspaper article was somewhat unfair, as the rate shown was a month -to -month rate compared with a locked -in, long -term rate. It was not an apples -to- apples comparison. Mayor Chinnici - Zuercher continued: 3. She extended her appreciation to staff for their work over a very busy year, which began with a search for a new City Manager. Changes in leadership and management style are often challenging for staff and Council, and a re- evaluation of priorities is sometimes warranted, especially with the changes in the economic conditions. She thanked Council for the hours devoted to understanding the issues and making the best decisions possible on behalf of the residents. She again thanked staff for the research and hard work to help Council make these decisions. Finally, she wished everyone Happy Holidays, safe travel, and good cheer with friends and family! ADJOURNMENT TO EXECUTIVE SESSION Mayor Chinnici - Zuercher moved to adjourn to executive session at 9:00 p.m. for discussion of personnel matters. Mr. Gerber seconded the motion. Vote on the motion: Mr. Lecklider, yes; Mr. Keenan, yes; Mayor Chinnici - Zuercher, yes; Mr. Gerber, yes; Vice Mayor Boring, yes; Mr. Reiner, yes; Ms. Salay, yes. meeting was reconvened at 10 p.m. and formally adjourned. Mayor— Presiding Officer Clerk of Council