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HomeMy WebLinkAbout10/05/2009RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting October 5, 2009 Mayor Chinn ici-Zuercher called the Monday, October 5, 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. Reiner, and Mr. Lecklider. Ms. Salay arrived at 7:15 p.m. Staff members present were: Mr. Foegler, Mr. Smith, Ms. Grigsby, Mr. McDaniel, Chief Epperson, Ms. Crandall, Mr. Hammersmith, Mr. Hahn, Mr. Harding, Mr. Langworthy, Ms. Ott, Mr. Somerville, Ms. Kennedy, Mr. Richardson, Ms. Adkins, Mr. Edwards, Ms. Nardecchia and Ms. Colley. PLEDGE OF ALLEGIANCE Mr. Keenan led the Pledge of Allegiance. APPROVAL OF MINUTES Regular Meeting of September 21, 2009 Mr. Gerber moved approval of the minutes. Mr. Reiner seconded the motion. Vote on the motion: Mr. Reiner, yes; Mr. Gerber, yes, Mr. Lecklider, yes; Vice Mayor Boring, yes; Mayor Chinnici - Zuercher, yes; Mr. Keenan, yes. There was no request for a hearing in regard to these permits. CORRESPONDENCE Notice to Legislative Authority— New C1 and C2 Permits — Walgreen Co., 6705 Perimeter Loop Road Notice to Legislative Authority —Transfer of D1, D2, D3, D3A and D6 Permits from One Over Par LLC dba Bogey Inn to Bogey Inn LLC dba Bogey Inn, Patio & Volleyball Courts, 6013 Glick Road There was no request for a hearing in regard to the transfer of these permits. PROCLAMATIONS /SPECIAL RECOGNITION National Arts & Humanities Month David Guion, Executive Director, Dublin Arts Council accepted a proclamation in recognition of October as National Arts & Humanities Month. He noted that a reception was held on the Dublin Arts Council grounds tonight to celebrate the opening of the Titration 3 exhibit on the grounds. The DAC will again be asking the public to cast their vote for their favorite piece in the collection, and the DAC will then announce the winning piece on November 16 and gift the piece to the City. Boxes and ballots are available in numerous locations throughout the City. He also announced that a call for artists has been initiated for the Bicentennial Public Art project. The submission deadline is October 15, with the finalists to be selected on November 3` The public presentations by the finalists are scheduled for Tuesday, December 15. The student art exhibition, "Emerging" opens tomorrow night, and includes works from students ages 5 through 18. There are also three new riverboxes in the parks. He thanked Council for their recognition of Arts & Humanities Month. National Community Planning Month Mayor Chin nici-Zuercher presented a proclamation to Steve Langworthy, Land Use and Long Range Planning Director, in recognition of National Community Planning Month in the City of Dublin. Mr. Langworthy reported that the City of Dublin won an award for the Dublin Community Plan at the recent Ohio Planning Conference. Mr. Combs attended the conference and accepted the award on behalf of the City. Numerous activities are planned in observance of Community Planning Month. SPECIAL PRESENTATION • BriHi Square Update Mo Dioun, The Stonehenge Company updated Council on the project schedule, safety, marketing and financial aspects. RECORD OF PROCEEDINGS Minutes of Dublin City Coun October 5, 2009 Page 2 • The current target date for the grand opening is March 17, 2010. It is an aggressive date, but achievable. The utilities burial and underground work is 95% complete, with the AEP work to pull cables through yet to be completed. The water features are approximately 40% complete. • Work remains to be completed on the east side of High Street and on the side of the J. Liu Restaurant. • Work has begun on the central plaza on the northwest corner of the project. • To date, there have been no worker injuries related to the project. They hope to continue this record as the project is completed. • A number of enhancements have been made to the project. The two corner buildings will now have natural slate roofs, which will enhance the desired appearance long term. As discussed previously, limestone steps are being included. • There are a total of 22,000 square feet in the entire project — 8,000 square feet plus in the Bridge Street building and 13,000 square feet plus in the High Street building. The Bridge Street building will house retail /restaurant uses; in the High Street building, the first floor will be retail and the second floor will be professional offices. At this time, they have leases or letters of intent for 70% of the space, with 60 percent of that in actual leases. • The biggest challenge for retailers is with financing, due to the lack of capital for small businesses in the financial markets. He does believe this situation will ease over the next six months. • He expressed thanks to the City staff who have worked with them on the project, including Fred Hahn, Paul Hammersmith, Jeff Tyler, Dan Phillabaum and Sara Ott. • He believes that the citizens of Dublin will be very proud of this project when it is complete. Mr. Reiner inquired if he can share the planned restaurant concepts for the project. Mr. Dioun responded that, at this point, he can only assure Council that they are quality food establishments and will be complementary to those that already exist in the area. One is a formal dining concept and the other is more casual, with a diverse menu. Mr. Reiner inquired if both will contain outdoor dining. Mr. Dioun responded that one will have outdoor dining on the second floor, overlooking the central plaza. Mayor Chinnici - Zuercher stated that as the project proceeds, there is much curiosity and anticipation. The weekly letters to those in the immediate area have been very well received. She is pleased to hear of March 17 as the targeted opening date. Mr. Dioun responded that it is an aggressive schedule, but this is their priority project The opening date is achievable, unless the retailers would have difficulty completing their improvements. They hope to have a couple of venues ready for the Grand Opening in March of 2010. CITIZEN COMMENTS Bob Warne, 5808 Tartan Circle stated that the Dublin Schools have nearly 30 art teachers with a payroll close to $1 million. What outcomes does the community see from that investment? They don't offer students much more encouragement than a small art show or a fleeting project of a few days. Therefore, once again, he would like to request that Council direct the Dublin Arts Council to engage or commission some of the talented high school students to paint historical murals in the pedestrian tunnels. They could involve the Dublin Historical Society in helping the students choose a subject matter. This would be of much more lasting benefit to the students and to the City. In addition, Dublin Arts Council would be spending money within the community rather than giving it to artists who live outside the state. Mayor Chinnici - Zuercher suggested that Mr. Warne, Mr. Guion, the Dublin Arts Council staff and Mr. Hahn could meet to discuss this concept more thoroughly. RECORD OF PROCEEDINGS Minutes of _Dublin City Council Meetine October 5, 2009 Page 3 Terry Lyden, 6347 Memorial Drive stated that he would like to share a recent experience. Over a week ago on a Sunday, he and his five - year -old daughter were at the Rec Center pool. She was standing perfectly still, took two steps back, and fell face first. Fortunately, she threw her arms in front of her. However, she chipped and then later lost her front tooth. After the incident occurred, a lifeguard in his late 20s came up to him and indicated that he needed to file an incident report. The lifeguard commented that the tiles are like ice, and people constantly fall at this facility. Since then, Mr. Lyden has heard of similar experiences from other individuals: a three -year- old fell and hit the back of her head; a special needs child fell into the pool after slipping on the tile; another person witnessed someone taking a fairly severe fall. Nearly 80% of the people he shared his daughter's experience with either personally had an experience or had witnessed a severe fall at the Rec Center pool. In the future, he will put rubber bottom shoes on his daughter. Although he does not understand all the liability issues of a city, it would appear that Dublin has a lot of exposure in this situation — especially in view of the many elderly patrons who use the pool and the knowledge the City has of this potential for serious injury. He asked that Council give some consideration to identifying a resolution to the problem. Mayor Chinnici - Zuercher asked Mr. Foegler to investigate this matter and report to Council at a later time. Mr. Foegler agreed to do so. Wallace Maurer, 7451 Dublin Road stated that: 1. At the last meeting, nearly all Council Members left too much hope in the mind of a resident who spoke regarding train noise in their neighborhood and their related inability to sleep at night. The railroads have been building a wall of legal liability for 200 years, and if an order were to prevent them or ban them from blowing their whistles, he, as a train engineer, would request a transfer to another job. Further, he would have asked the resident if the real estate agent told him of the trains, or if he was present when trains passed by the neighborhood. The only solutions are with devices which silence the trains or by relocating the tracks. 2. There are a number of what are termed "McMansions" in Dublin and he is not certain of the number of foreclosures impacting them. If there are foreclosures, he recently read an article where cities are attempting to take over such foreclosed properties for arts centers, civic enterprises, government buildings, etc. This is just a suggestion for Council to consider. LEGISLATION POSTPONED Ordinance 42 -09 — Amending Section 153.002 and Creating Section 153.099 of the Dublin Codified Ordinances (Zoning Code) regarding Outdoor Seasonal Plant Display. (Case 09- 045ADM) Mr. Smith requested that this ordinance be tabled indefinitely. Factors related to the growing season will be re- evaluated and addressed, and a final document prepared and brought to Council in the spring. Ms. Salay moved to table the ordinance indefinitely. Mr. Keenan seconded the motion. Mr. Gerber stated that he had hoped to have this legislation adopted and in place prior to the next growing season. Mr. Smith responded that the legislation would be brought back to Council before that time — likely in February. Mr. Lecklider added that the Community Development Committee had a thorough discussion on this item. Mr. Smith responded that staff took into consideration all of the input from that discussion. After the ordinance was prepared and introduced, however, staff became aware that the ordinance appeared to relate more directly to nursery businesses than to big box retail selling of seasonal items. Therefore, staff requests the ordinance be tabled to revise the language accordingly. He added that during this past growing season, there have been no issues. RECORD OF PROCEEDINGS Minutes of Dublin City Council October 5, 2009 Page 4 Mr. Keenan stated that there are some businesses in the Bridge Street Kroger center that would be impacted. The current version of the legislation limits the space for outdoor displays in relation to the building size. However, there is not much space available outside those particular buildings for displays. Mr. Smith responded that is one of the main issues. The current language related to square footage is not feasible for several locations. The amended language that staff will bring forward will address the issues. Vote on the motion Mr. Reiner, yes; Mr. Keenan, yes; Vice Mayor Boring, yes; Mayor Chinnici - Zuercher, yes; Mr. Gerber, yes; Mr. Lecklider, yes; Ms. Salay, yes. SECOND READING /PUBLIC HEARING Resolution 47 -09 Amending Section 4.01 (Council Meetings) of the Council Rules of Order. Mayor Chinnici - Zuercher stated that this legislation was introduced and voted upon at the previous Council meeting. Following that meeting, it was determined that a second reading was required. Consequently, there is a need for Council to reaffirm their vote tonight. Mr. Gerber moved to reaffirm Council's vote to adopt Ordinance 47 -09. Ms. Salay seconded the motion. Vote on the Resolution Ms. Salay, yes; Mr. Lecklider, yes; Mr. Reiner, yes; Mr. Keenan, yes; Mayor Chinnici - Zuercher, yes; Mr. Gerber, yes; Vice Mayor Boring, yes. INTRODUCTION /FIRST READING — ORDINANCES Ordinance 49 -09 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. Ms. Salay introduced the ordinance. Ms. Grigsby stated that on an annual basis, staff reviews the services provided by the City and determines the cost of providing those services. Based upon those costs and the current cost recovery, an ordinance is adopted each year amending the fees. This year, a consultant was engaged by staff to review how the allocation of time is distributed within the services. Ordinance 49 -09 as drafted recommends the fees for 2010. The consultant will be available at the Finance Committee meeting scheduled at 5 p.m. on Monday, October 19 for detailed discussion of the proposed changes. Mr. Gerber moved to refer Ordinance 49 -09 to the Finance Committee. Mr. Keenan seconded the motion. Vote on the motion Vice Mayor Boring, yes; Mr. Keenan, yes; Mr. Reiner, yes; Ms. Salay, yes; Mr. Lecklider, yes; Mayor Chinnici - Zuercher, yes; Mr. Gerber, yes. Mr. Keenan requested that Council members review the information prior to the Finance Committee meeting on October 19 Input from all members will be helpful so that the concerns can be addressed in the Committee discussion. There will be a second reading /public hearing on November 2 ntl Ordinance 50 -09 Authorizing the Provision of Certain Incentives to Butler Animal Health Supply, LLC to Induce its Lease of a Facility within the City and the Expansion of its Operations and Workforce within the City, and Authorizing the Execution of an Economic Development Agreement. Ms. Salay introduced the ordinance. Mr. McDaniel stated that staff has been in discussion with Butler Animal Supply, LLC regarding the possible expansion and relocation of the company from its headquarters site at 5600 Blazer Parkway. The company executives have been considering potential relocation opportunities around central Ohio, including sites at Polaris, Columbus and Westerville. This economic development agreement proposes a three - year, ten percent performance -based incentive, which is capped at $66,000 for the RECORD OF PROCEEDINGS Minutes of Dublin City Council October 5, 2009 Page 5 term of the agreement. The company would be required to reach pre- determined annual withholding targets to qualify for performance incentives in 2009, 2010 and 2011. Because the company will relocate to a larger space in Metro Center and execute a ten -year lease agreement, the City has offered a $30,000 technology grant to assist with technology upgrades in the new office space. The company plans to retain its current Dublin workforce of 163 employees and add an additional 20 employees by year 2013. Butler Animal Health Supply is the nation's largest distributor of companion animal health supplies to veterinarians. The company, which will remain headquartered in Dublin, operates across the United States with 16 distribution centers and seven telecenters. The company serves over 29,000 veterinary clinics in all 50 states and distributes over 15,000 products for more than 400 vendors. Mayor Chinn ici-Zuercher asked for clarification regarding the company's current location. Mr. McDaniel responded that the company is located in offices on Blazer Parkway. They have been looking at four potential relocation sites. This incentive has been offered to retain the company in Dublin. Mr. Lecklider noted that the staff memo indicates a ten -year lease, yet the agreement refers to a five -year lease with an option to renew for five years. Mr. McDaniel responded that is the standard practice. The language typically contains an 'out' clause, as well. Ms. Salay inquired if the technology updates would remain with the facility, should this company decide to relocate in the future. Is this an asset the City will retain for future tenants of the space? Mr. McDaniel responded that he would estimate that approximately 50 percent of the upgrades would remain, as they consist predominantly of wiring. There will be a second reading /public hearing at the October 19 Council meeting. Ordinance 51 -09 Authorizing the Provision of Certain Incentives to Stanley Steemer International, Inc. to Induce its Expansion of its Operations and Workforce within the City, and Authorizing the Execution of an Economic Development Agreement. Ms. Salay introduced the ordinance. Mr. McDaniel stated that staff has been working with Stanley Steemer regarding the possible expansion of the company, consolidating and relocating its Illinois and Connecticut client service operations to Dublin. Dublin is in competition with multiple markets, including Phoenix, Tampa, Las Vegas, Indianapolis and other central Ohio sites. The Ohio Department of Development has been aggressive in efforts to secure this expansion in Ohio. Last Monday, the Ohio Tax Credit Authority approved a six - year, 50 percent tax credit valued at an estimated $342,300. Dublin provided a letter of support to the state, indicating the City's willingness to stand by its percentage requirements. Dublin was the only city to do so. Hopefully, that will be a factor in Dublin being selected as the site for the expansion. The economic development agreement proposed offers a 20 percent performance incentive on any new withholdings collected on new jobs. The incentive is capped at $74,000 for the term of the agreement. The company would be required to reach predetermined annual withholding targets to qualify for performance incentives. The company plans to grow its Dublin workforce to 213 employees over the next three years, should they choose to locate in Dublin. Over the term of the agreement, they would add 120 jobs and nearly $270,000 in new withholdings. Dublin is proud to have Stanley Steemer as part of the community. The company has been in operation for more than 60 years and has grown to 300 locations in 48 states with over $400 million in annual sales. Mayor Chinn ici-Zuercher asked when the company's decision would be known. Mr. McDaniel responded that he hopes the company will announce this decision at Council's next meeting. RECORD OF PROCEEDINGS Dublin City Council _ _ Meeting October 5, 2009 Page 6 Mr. Reiner asked if Dublin's proposal is competitive with those from the other cities. Mr. McDaniel responded affirmatively. There will be a second reading /public hearing at the October 19 Council meeting. Ordinance 52 -09 Amending the Annual Appropriations Ordinance for the Fiscal Year Ending December 31, 2009. Mr. Lecklider introduced the ordinance. Ms. Grigsby stated that this legislation provides additional funding authorization for various accounts and capital projects, the majority of which are tax increment financing related. In section one, additional funding is provided for the State Highway Improvement Fund for the Riverside Drive /Hard Road turn lane, which is included in the 2010 — 2014 CIP. Section two provides for the transfer of remaining funds in the Special Assessment Bond Retirement Fund to the General Obligation Debt Service Fund, which will provide additional funding for the BriHi Square project. Sections 3 through 20 provide the additional funding for the various TIF funds, as noted. Of those, Section 11 refers to the Upper Metro TIF, where the developer paid for the infrastructure improvements, and the City has been reimbursing them as service payments are received. In 2009, the final payment was made to the developer for those improvements. Staff requests that Council dispense with the public hearing and adopt the legislation tonight. Mr. Reiner moved to dispense with the public hearing. Mr. Keenan seconded the motion. Vote on the motion Mayor Chinnici - Zuercher, yes; Mr. Reiner, yes; Mr. Gerber, yes; Ms. Salay, yes; Mr. Keenan, yes; Mr. Lecklider, yes; Vice Mayor Boring, yes. Vote on the Ordinance Mr. Keenan, yes; Vice Mayor Boring, yes; Mr. Lecklider, yes; Mayor Chinnici - Zuercher, yes; Mr. Reiner, yes; Ms. Salay, yes; Mr. Gerber, yes. Mayor Chinnici - Zuercher moved to introduce Ordinances 53 -09 through 57 -09, to waive the rules of order regarding reading by title only, and that the Clerk read the amounts and general purpose of the bonds into the record. Vote on the motion Mr. Keenan, yes; Mr. Lecklider, yes; Mr. Gerber, yes; Ms. Salay, yes; Vice Mayor Boring, yes; Mr. Reiner, yes; Mayor Chinnici - Zuercher, yes. (The Clerk read into the record the amounts and general purpose of Ordinances 53 -09 through 57 -09.) Ms. Grigsby stated that Council had been made aware that this legislation would be brought forward later in the year. She introduced Matt Stuczynski, MAS Financial Advisory Services, financial advisor for the City, who is present to respond to questions. She stated the following: • Ordinances 53 -09, 54 -09 and 55 -09 -- relate to new projects, with the debt proceeds to provide funding for those projects. • Ordinances 56 -09 and 57 -09 provide for the refinancing of existing bonds that are outstanding. • As discussed in the CIP process, Ordinance 53 -09 provides for a maximum amount of debt to be issued for the Industrial Parkway /SR 161 project, which is scheduled for adoption later on tonight's agenda. The majority of the new bond proceeds will be used to fund right -of -way acquisition. Funds were already advanced from the General Fund to the COIC Improvement Fund to acquire the rights -of -way and easement. The remaining amount used in conjunction with various grants will be used to fund the construction of the project. Ordinance 54 -09 provides funding to reline sanitary sewer lines. The City has been relining the lines to eliminate the inflow and infiltration within the system and to extend the life of the sanitary sewer lines by an estimated 30 to 50 years. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting October 5, 2009 Page 7 Ordinance 55 -09 provides funding to reimburse the Water Fund for the advance made previously for the water storage tank at Darree Fields, which is currently under construction. These bonds will be issued for a period of 20 years with a net interest cost slightly above three percent. The rates have improved somewhat since the packet was distributed, and staff is hopeful the rates will hold until these ordinances are adopted on October 19. One of the items we have in the new money issues relate to Build America Bonds, which were included as an option in the American Recovery and Reinvestment Act, signed in February 2009. This provides another option for municipalities to issue taxable debt versus tax exempt debt. She explained that the City is able to obtain a lower interest rate because the buyer of the debt is not required to pay federal and state tax on it. The ability to have this option may open up the market to some additional investors. The interest rate will be examined on the day of pricing to determine which is the better choice -- tax exempt or taxable. She noted that there are some issues related to the Build America Bonds that the City must be knowledgeable about and cautious. In regard to the refinancing ordinances, they are a function of the City's annual debt administration. The City evaluates the possibility to refund or refinance existing debt. The current interest rates are very favorable, and so there is an excellent opportunity to refinance debt at a very low rate. Generally, it is desirable to achieve a three to five percent present value savings on the refunded bonds. Currently, the City is looking at a ten percent savings. Refinancing of the bonds will therefore be very beneficial to the City, resulting in a savings in excess of $2 million over the next 11 years. Another ordinance may be introduced at the next Council meeting related to the debt issued in 2001. It will add a special assessment component, which involves additional considerations. However, based upon recent discussion with bond counsel, this may be an option to consider. The copy of the Preliminary Official Statement, as referenced in the memo, has been placed in Council's planning room for Council members to review. This document will be finalized once the City has established its final debt structure on the bonds. The official statement is what investors use to evaluate the City's creditworthiness. The City is also in the process of receiving underwriter proposals. Mr. Stuczynski will provide assistance in evaluating those proposals and the firms that submit the proposals in terms of the best rate or the best ability to sell the City's debt. Telephone conferences with the various rating agencies occurred earlier today. It is anticipated the rating will be issued by the end of the week or early next week. Pricing of the bonds will occur the week of October 19, after the legislation is adopted. Mr. Keenan asked if there is a penalty for prepayment of the previously issued bonds. Ms. Grigsby responded there is no penalty. A feature is included in the bonds which states that if the City waits until an identified date, the City re -buys or pays back the bonds at 100 percent. If they are refunded earlier, a premium is paid. Mr. Keenan referred to Ordinance 53 -09 related to the COIC improvement funds. Is there a time element involved with the money received in terms of the bond, or is it truly reimbursement money? Ms. Grigsby responded that there are certain issues involved with right -of -way acquisition involving an eminent domain process. That was considered in conjunction with the interchange project, and is the reason the debt is not being issued on the actual funds advanced for the right -of -way acquired for the interchange. The General Fund will be reimbursed in 2010 and 2011 through the property tax revenues generated from the inside millage. Mr. Lecklider asked if the City would be able to further delay other improvements to this particular interchange. RECORD OF PROCEEDINGS Minutes of Dubli City Counci Meeting October 5, 2009 Page 8 He Ms. Grigsby responded that is correct and is the reason debt has not been issued at this time for that project. It will provide more flexibility. Mr. Keenan asked about the City's total debt capacity. Ms. Grigsby responded that the debt capacity is based upon assessed valuation. The City has in excess of $100 million in debt capacity, based on legal limitations. Mr. Keenan asked what portion of that the City is currently utilizing. Ms. Grigsby responded that the City has a total of approximately $59 million in outstanding debt. Mr. Keenan stated that the City is therefore at 60 percent of its total capacity. Ms. Grigsby responded that in terms of legal limitations, the City could issue $100 million additional debt. The City is therefore at 40 percent of its total capacity. Mr. Keenan emphasized that many other public entities are at their maximum debt capacity; Dublin is not near that level. The additional debt with this proposed legislation is a small percentage of the City's total debt capacity. Ms. Grigsby added that the bonds that are issued for the water and sewer projects will come from water and sewer funds, not from income tax revenues. The debt that will be issued for Industrial Parkway and SR 161 will utilize income tax revenues. In several years, the Perimeter West TIF Fund will be generating more dollars than is required for the current debt for the extension of Perimeter Drive, so it will be possible to utilize some of the service payments from that TIF district to pay for this debt. Mr. Keenan asked for more information about the Build America Bonds (BABs), which is part of the American Recovery and Reinvestment Act. The terms state that the BABs provide for government entities to issue bonds and pay interest rates that are competitive with rates by corporations. The BABs are attractive to entities that pay no U.S. income taxes, including pension plans and foreign investors. It appears that, under the terms, the federal government will be paying money to subsidize these bonds for foreign investors who do not pay U.S. taxes. He would like to make his philosophical objection to that known. Ms. Grigsby responded that the City has concerns as well, and has had discussions about the pros and cons of the Build America Bonds. She pointed out that the current market interest rate is so favorable that there may not be sufficient difference between the BAB rate and the tax exempt rate to warrant taking this chance. There has also been discussion with the City's bond counsel, who has expressed similar concerns. While there may be some savings potential, there are some risks involved. Currently, based on proposals received and interest costs, the City is inclined not to issue Build America Bonds. Mayor Chinnici - Zuercher asked how the City goes about obtaining the underwriter proposals. Ms. Grigsby responded that a Request for Proposal is sent out to five firms which the City is familiar with and has worked with previously. Mr. Lecklider asked if the City has some relatively significant debt capacity that will be retired within the next two to five years. Ms. Grigsby responded that in 2010, after the payment is made for several debt issues from 1990, the City will have a lot of capacity freed up in 2011. There will be a substantial increase in the City's ability to fund additional debt at that time. Ordinance 53 -09 Providing for the Issuance and Sale of Bonds in the Maximum Principal Amount of $11,750,000 for the Purpose of Paying the Costs of Improving the City's Vehicular Transportation System, Including Industrial Parkway, S.R. 161 and Liggett Road, by Constructing, Reconstructing, Extending, Opening, Widening, Grading, Draining, Curbing, Paving and Resurfacing, and Installing Related Lighting Systems, Related Sanitary Sewer, Storm Sewer and Water Improvements, Signage and Signalization, and Acquiring Interests in Real Estate Therefor, Together with All Incidental Work and Related Appurtenances Thereto, and Declaring an Emergency. RECORD OF PROCEEDINGS Minutes of Dubl City C Meeting October 5, 2009 Page 9 Ordinance 54 -09 Providing for the Issuance and Sale of Bonds in the Maximum Principal Amount of $2,235,000 for the Purpose of Paying the Costs of Improving the Municipal Sanitary Sewer System by Lining Existing Sewer Lines, Together with All Incidental Work and Related Appurtenances Thereto, and Declaring an Emergency. Ordinance 55 -09 Providing for the Issuance And Sale of Bonds in the Maximum Principal Amount of $2,035,000 for the Purpose of Paying the Costs of Improving the Municipal Waterworks System by Constructing the Darree Field Water Storage Tank and Related Facilities, Together with All Incidental Work and Related Appurtenances Thereto, and Declaring an Emergency. Ordinance 56 -09 Providing for the Issuance and Sale of Bonds in the Maximum Aggregate Principal Amount of $5,225,000 for the Purpose of Paying the Costs Of Refunding Bonds Previously Issued by the City for the Purpose of Paying Costs of (A) Improving the Municipal Water System by Constructing an Elevated Water Storage Tank, (B) Improving the Municipal Water System by Constructing and Installing Water Mains, (C) Constructing, Furnishing and Equipping the Service Complex Building, (D) Constructing a Swimming Pool and Other Recreational Facilities, (E) Improving Frantz Road between Certain Termini, (F) Improving the Municipal Sanitary Sewer System by Constructing and Installing a Pump Station, (G) Acquiring a Facility and Related Site for Use as a Center for the Arts, (H) Constructing Emerald Parkway between Certain Termini, (1) Improving Rings Road between Certain Termini, (J) Constructing Perimeter Drive between Certain Termini and, Including the Realignment and Reconstruction of Post Road, Constructing Perimeter Loop Road between Certain Termini and Improving the Related Intersections, and (K) Renovating the Facility and Related Site for the Center for the Arts, All Together with Incidental Work and Related Appurtenances, and Declaring an Emergency. Ordinance 57 -09 Providing for the Issuance and Sale of Bonds in the Maximum Aggregate Principal Amount of $15,270,000 for the Purpose of Paying the Costs of Refunding Bonds Previously Issued by the City for the Purpose of Paying Costs of (A) Improving the Vehicular Transportation System in the City, (B) Constructing, Furnishing and Equipping a Multi- Purpose Community and Recreational Center, (C) Providing Additional Facilities at the Coffman Park Municipal Complex, and (D) Acquiring Real Estate and Interests Therein for Parks and Recreational Purposes, All Together with Incidental Work and Related Appurtenances, and Declaring an Emergency. There will be a second reading /public hearing of Ordinances 53 -09 through 57 -09 at the October 19 Council meeting. INTRODUCTION /PUBLIC HEARING - RESOLUTIONS Resolution 49 -09 Accepting the Lowest and Best Bid for the UNI —161 —12.98 Industrial Parkway Project. Mr. Lecklider introduced the resolution. Mr. Hammersmith stated that this is the second phase of transportation improvements associated with the Central Ohio Innovation Center. The first phase was the relocation of Liggett Road, which is now completed. The current phase consists of the following: reconstruction of State Route 161 between Eiterman Road and just east of Cosgray Road to provide a 0.4 mile four -lane divided highway with a 16 -feet wide raised median; relocation of existing Industrial Parkway 1,000 feet to the west at a RECORD OF PROCEEDINGS Dublin City Council October 5, 2009 Page 10 new intersection with SR 161 at a two -lane roundabout; relocated Industrial Parkway, consisting of a 0.3 -mile, four -lane divided street north of SR 161 with a six -foot wide raised median to Memorial Drive (Jerome Township); two -lane roundabout on Industrial Parkway, providing access to the proposed Union Crossing retail development; 4,600 feet of 16 -inch water main; street lighting; and an asphalt walking path along the south side of SR 161. Both phases of these improvements have been reviewed by the appropriate jurisdictions — ODOT for improvements to SR 161, and the Union County Engineer's office for the relocation of Industrial Parkway. Bids were opened on September 30, 2009, and seven bids for the UNI- 161 -12.98 Industrial Parkway Project were submitted. The Engineer's estimate for the project was just over $7.7 million, and there was $7.2 million budgeted for this project in the City's CIP. The bids were very favorable, and the lowest was $5,084,144.28. Trucco Construction Co. of Delaware, Ohio was the lowest and best bid. They have done previous work for the City — the Muirfield /Glick intersection improvement in 2002 and the Emerald Parkway Phase 5A extension, just north of Hard Road in 2004. In addition, several sources of grant funding have been secured. From the Ohio Department of Development, the City received roadway improvement funds in the amount of $200,000 in 2004. The funds remain committed from the State, and an extension has been filed and a favorable indication received regarding the request. The Job Ready Sites program grant in 2006 of just under $300,000 has been committed. Finally, through MORPC and the American Recovery and Reinvestment Act, the City has received a grant of $1 million for the project. These grant funds total just under $1.5 million, placing the City's investment from the CIP at $3.5 million. The balance for the project will come from bond proceeds issued by the City. The project completion date is October 15, 2010 and one lane of traffic will be maintained in both directions for the duration of the project. Staff recommends acceptance of the Trucco Construction Co. bid as the lowest and best bid. He offered to respond to questions. Mayor Chinn ici - Zuercher thanked staff for pursuing the grant funding for this project. She asked about support obtained from the state and federal legislators, and the plan to acknowledge this. Mr. Foegler responded that the City has received such support. Due to the cooperative nature of the project funding, MORPC has requested participation in a groundbreaking ceremony for the project to acknowledge the various participants. Staff will provide further information to Council when the ceremony is scheduled. Vote on the Resolution: Vice Mayor Boring, yes; Mr. Keenan, yes; Mr. Lecklider, yes; Mr. Gerber, yes; Ms. Salay, yes; Mr. Reiner, yes; Mayor Chinnici - Zuercher, yes. Resolution 50 -09 Authorizing the City Manager to Enter into a Contract with Dublin City Schools for the School Resource Officer Program. Ms. Salay introduced the resolution. Chief Epperson noted that since the 1998 -1999 school year, the City of Dublin and Dublin City Schools have partnered to share in the cost of the school resource officer program. The program provides a full -time resource officer at each of the middle schools as well as the three high schools. The agreement is done annually, and the only changes this year are those related to the increased costs of salaries for the officers. The agreement was approved by the Board of Education on August 25, and staff recommends approval at this time. He offered to respond to any questions. Vote on the Resolution: Vice Mayor Boring, yes; Mr. Keenan, yes; Mr. Reiner, yes; Mayor Chinnici - Zuercher, yes; Mr. Gerber, yes; Mr. Lecklider, yes; Ms. Salay, yes. Resolution 51 -09 Authorizing the City Manager to Enter into an Agreement with the City of Worthington, Ohio and Delaware County, Ohio for the Purpose of Establishing a RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting October 5, 2009 Page 11 Regional Council of Government to Provide Oversight and Management of a Shared Public Safety Radio System and Appointing Deputy City Manager /Chief of Police Michael Epperson as the Representative for the City of Dublin. Mr. Lecklider introduced the resolution. Chief Epperson noted that in 2008, the Delaware County Emergency Management Association, with the assistance from the Cities of Worthington and Dublin applied for and received a grant of $1.9 million to design and construct a new public safety radio system. Dublin initiated this grant request, due to the need to expand the outdated analog radio system, which had reached capacity, and to update to a digital system and improve interoperability in this part of Central Ohio. The new system would consist of seven total frequencies, digital equipment at each tower site, including Avery Road Park, Scioto High School, and a new tower in the City of Worthington at the Huntley Bowl Park. It would also provide for digital, mobile and hand -held radios, tied together through fiber optics and a central controller in Delaware County. One of the grant requirements was that the three jurisdictions develop a mechanism to govern the management and oversight of the radio system. The three entities formed an advisory committee consisting of himself, the Worthington City Manager and the Delaware County Administrator. They employed the services of Greg Dunn of Schottenstein, Zox and Dunn to research the best mechanism for this governance. Several options were researched, including a port authority, a 501 -C -3 special purpose corporation, and the selected option of a regional council of governments. It will be referred to as "COG." The purpose of the COG is to provide oversight and management of the shared system. The packet includes a detail memo outlining the key provisions of the agreement. They include: the method of gaining membership in the COG by other entities who may desire to do so; provisions for withdrawing from the COG; procedures for accepting budgets and authorizing expenditures; acceptance of revenues; and a general powers provision. This agreement was presented to Delaware County Commissioners on September 17 and approved, and was presented to Worthington City Council on September 21 and approved. Staff recommends approval by City Council at this time. Present to respond to questions are Jay Somerville, Dublin Police Civilian Bureau Commander, Bob Greenlaw of Delaware County, Sgt. Jerry Strait of Worthington Police Department and Greg Dunn, Schottenstein, Zox and Dunn. Mayor Chinnici - Zuercher asked about the advantages of having such a Council of Governments. Mr. Dunn responded that, initially, having just a contractual relationship was considered. However, any changes or expansions to the group would require another vote of each government involved. The port authority has a taxing authority, and was not desired, and the 501C3 was considered not appropriate for city government. However, the ORC allows formation of a Council of Governments, where a not -for- profit is formed among governmental entities. It was determined to be the best approach and most flexible. Mr. Keenan noted that this structure, as proposed, calls for three votes. Having dealt with this at the township level for years, it can be problematic. In addition, there are no elected officials involved, yet monies are being allocated. He asked Chief Epperson to comment. Chief Epperson noted that most of the business of the COG requires a unanimous vote. There are a couple of exceptions, but allowing a new member, approving a budget, spending monies, requires a unanimous vote. Mr. Keenan responded that securing a unanimous vote could be controversial, depending upon the issue. This is the first time he has reviewed the documents. It seems to be a worthwhile concept, and may be beneficial. But in reviewing the contributions list of the participating entities, it is not clear what the value of these contributions are. There is no analysis about the merits of what is being contributed. If a value had been assigned, he would be in a better position to make a decision in terms of fairness to the taxpayers and being able to weigh the pros and cons. It seems that Dublin is investing a substantial amount in this system. RECORD OF PROCEEDINGS Minutes of D ublin City Cou ncil Meeting October 5, 2009 Page 12 Mr. Dunn responded that the Worthington contribution is in some estimations 'priceless' because additional frequencies are not available, and the ones that are available are not of the same quality. As a long established community, Worthington has radio frequencies and those cannot be purchased. Mr. Keenan stated that Dublin is contributing frequencies as well. Chief Epperson responded that Dublin initiated this merger, due to the need to expand its system. The other entities don't have such a need, and frequencies are not available to Dublin. Mr. Keenan clarified that he is not opposed to this arrangement, and generally is supportive of consolidation. However, he doesn't have a good understanding of what is being proposed, and would like more information. Chief Epperson stated that Delaware County is contributing a central controller that is valued at $1.2 million. It will help tie these systems together. Absent this, the equipment would have to be purchased. The benefit for Delaware County is that they obtain expanded radio coverage for the southern portion of their county. This is essentially a merger between Dublin's system and Worthington's system, and Dublin was really in need of the expansion. In addition, Dublin wanted to update its analog system to a digital system because the existing analog system cannot be expanded. From the outset, Dublin was to bear most of the costs associated with the system. This was first brought to Council in a CIP meeting, and Council directed staff to find a grant to offset some of the costs, which was then secured. Dublin does bear much of the cost, although Worthington did construct a tower in their city and incurred engineering costs for that. He summarized that Dublin will invest $1.2 million in this project. Mayor Chinnici - Zuercher noted that there has been much discussion at the state level about governments partnering for these services. It is a good example of collectively working to accomplish goals. She acknowledged that the initiator may need the project and therefore may ultimately bear the majority of the costs of such an undertaking. She commended staff for seeking additional grants to offset the costs for Dublin. Vice Mayor Boring asked about the Type 2 assets and what occurs if a member leaves the Council of Governments. Chief Epperson responded that the assets are what is required to operate the system. Each of the entities is investing significant assets that will remain with the COG. From Dublin's viewpoint, it would not be advisable to enter into an agreement with a City investment of $1.2 million where a jurisdiction could leave the COG and take their assets, making the system inoperable. The Type 2 assets are required to make the system operable. Mr. Keenan noted that the agreement states that any new members to the COG will require the unanimous approval of the governing board. For someone entering the COG at a later date, what fees do they pay or what contribution will they make to the COG? The concept is good, but there are some issues which may not have been considered. Chief Epperson responded that the COG would have to consider what value the entity brings before making such a decision. A few scenarios have been discussed, but additional frequencies or infrastructure bringing greater coverage or interoperability would be of value. Another option for a contribution could be cash. Given the significant upfront contributions of the three entities, the appropriate level of cash contribution would have to be determined. Vice Mayor Boring noted that a specific person is named in the legislation versus a position, which could result in the need for additional legislation if there was a change. Chief Epperson responded that the agreement is structured such that the chief executive of each jurisdiction or their appointee serves. The agreement does indicate that the governing body must appoint the person. It is important to have consistency and continuity in the COG membership. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting October 5, 2009 Page 13 Mayor Chinnici - Zuercher noted that the issue is with having a particular person named in the resolution. Mr. Dunn responded that it could be identified as "Deputy City Manager /Chief of Police" to address this concern. Mr. Smith concurred that the resolution could state "Deputy City Manager /Chief of Police" without specifying an individual's name. Mr. Lecklider asked about the indemnification provision, and if it is standard language. Mr. Dunn responded that it is standard. Mr. Keenan asked if Mr. Dunn will continue as the legal representative for the COG, and if so, does the COG share in the legal costs? Chief Epperson responded that this determination has not been made. The legal costs to date have been paid for out of the grant. Mayor Chinn ici-Zuercher summarized that the resolution will be amended, as staff has suggested and Council has agreed to include "Deputy City Manager /Chief of Police" without an individual named. Vote on the amended Resolution: Mr. Reiner, yes; Vice Mayor Boring, yes; Mayor Chinnici - Zuercher, yes; Ms. Salay, yes; Mr. Keenan, yes; Mr. Gerber, yes; Mr. Lecklider, yes. Mr. Keenan asked that Council be provided with minutes of the Council of Governments meeting in future Council packets. Chief Epperson agreed to do so. Mayor Chinnici - Zuercher noted that the City looks forward to working with Delaware County and the City of Worthington in this Council of Governments. OTHER Adoption of Council Meeting Schedule for 2010 Mr. Reiner moved approval of the meeting schedule. Ms. Salay seconded the motion. Vote on the motion: Ms. Salay, yes; Mr. Lecklider, yes; Mr. Gerber, yes; Vice Mayor Boring, yes; Mr. Keenan, yes; Mayor Chinn ici - Zuercher, yes; Mr. Reiner, yes. Community Needs Survey Mr. Hahn stated that Council had requested that the Parks & Recreation Advisory Commission propose items of interest for their work over the next year. PRAC is working on developing this list for submission to Council. In the short term, however, Parks has need for the Commission to review a draft list of questions for a survey of the community to take place over the winter. This is a survey specific to Parks and Recreation and goes beyond the Community Satisfaction survey done each year. The goal would be to gauge the needs of the community as they relate to Parks and Recreation. He asked for Council's approval of staff's recommendation to have PRAC move forward with this review, which is on their October meeting agenda. He added that PRAC will also finalize their work plan for next year at the October meeting, and the list will be forwarded to Council for approval. Vote on the recommendation: Mr. Lecklider, yes; Mr. Keenan, yes; Mr. Gerber, yes; Vice Mayor Boring, yes; Ms. Salay, yes; Mr. Reiner, yes; Mayor Chinnici - Zuercher, yes. STAFF COMMENTS Mr. Foeoler noted that: 1. Staff has been working with MORPC and others to secure the planning and ultimate improvement of the 1- 270 /1-13 33 interchange in the proper position for additional funding. It did secure a No. 3 ranking through a recent MORPC process for Tier 2 projects, which are those that have not yet received funding. Staff will RECORD OF PROCEEDINGS Minutes of Dublin City Council _ Meeting October 5, 2009 Page 14 meet in the next couple of weeks with representatives of major corporations who are served by that interchange, in the interest of building some private support for that effort. Staff is also reaching out to the state and federal delegations to assist with this. It is important that the long -term planning for improvements of the 270/33 interchange move forward, and staff will keep Council apprised of the status. 2. Council had suggested that staff explore the opportunity for a joint Planning Commission and Council dinner that could include a featured speaker from the Bridge Street Corridor speaker series. Staff has tentatively confirmed arrangements for such a dinner. The date targeted is October 27, and the dinner would take place from 4:30 to 6:30 p.m., with the presentation to follow. COUNCIL COMMITTEE REPORTS /COUNCIL ROUNDTABLE Mr. Keenan: 1. Noted that a memo was included in the packet about options for handling of items left at the Grounds of Remembrance. It appears that Community Relations is recommending that items be retained. If they are to be collected and archived, will they be open to the public? Some of the items may be personal, and perhaps there should be a notice indicating that such items would be archived and available to the public. Mr. McDaniel responded that the items would be archived with the Dublin Historical Society and a retention schedule could be developed. Staff does not yet know what the volume of materials and type may be. As items accumulate, they will be removed from the site and will be archived with the Dublin Historical Society. Mr. Keenan noted that his concern is in meeting the public's expectations, whether the items are to be private or public. He wants to have a better sense of what will occur with such items. Mr. McDaniel responded that a sign will posted with information about the storage and collection of items. Mr. Keenan stated that the other issue is with the public records aspects of such items retained by the City. Mr. McDaniel responded that for this reason, a retention and disposal policy would be established. Staff will work on developing some signage to be posted. Vice Mayor Boring stated that she, too, has concerns with how personal letters are handled in terms of storage and access. Mr. Keenan continued: 2. Noted that there was communication about the Union Rural Electric voltage conversion project. In view of the Muirfield experience with AEP, is there communication being sent out by the utility company or the City to impacted Dublin residents? Mr. McDaniel responded affirmatively, noting that the utility has been communicating with the residents and will begin the project on October 16. 3. Congratulated Mr. Langworthy and the staff of Land Use and Long Range Planning on the award from the Ohio Planning Association for the Community Plan. The memo notes that "For the communities that have the time and money, this plan is the gold standard." This statement speaks volumes! Ms. Salav: 1. Reported that the Community Development Committee met on September 28 to review the Neighborhood Beautification Matching Grant program. The Committee had a productive discussion with staff in regard to the program. Staff will bring revised documents forward in the near future. 2. Noted that she has received a request from some individuals for an anonymous tip line for teens and adults who are aware of underage drinking opportunities, in relation to the social host legislation approved in the spring. The request is for a tip line that is actively monitored. The Dublin Schools have a tip line to report bullying, and the Police Department has a tip line, but it is not monitored on a regular basis. Citizens would like a means to call and report such information anonymously, but it would need regular monitoring by the Police. RECORD OF PROCEEDINGS Minutes of Dublin City Cou ncil Meeting October 5, 2009 Page 15 Chief Epperson responded that a Police tip line does exist, and it is monitored regularly. It is seldom used, however. At one point, they were working to have an online tip system, because the desire for those who call in anonymously is to have follow up. They will revisit this concept of having an online tip system. Ms. Salay asked how often the existing tip line is monitored. Chief Epperson responded it is monitored daily, but very infrequently used. The primary concern, again, is obtaining feedback after calling in with a tip. 3. Stated that everyone had the opportunity to view the Titration 3 exhibit at the Dublin Arts Council grounds tonight. Over 80 people attended the exhibit yesterday. She encouraged everyone to cast their vote for their favorite sculpture. 4. Reported that the Neil Kennedy Recovery Clinic, located in Dublin, and its Pittsburgh parent company, Gateway Rehabilitation annually present an award to an individual or group who has contributed significantly to the effort of alcohol and drug abuse prevention. Their advisory group met last week and unanimously voted to award the 2009 "Hope Has a Home" award to Dublin City Council for the efforts in passing the social host legislation. The Neil Kennedy Recovery Clinic staff in Youngstown have been working on the same initiative at the state level, and they applaud Dublin's efforts in having this enacted for the community. The award will be presented to Council by Hope Taft, the previous award winner, in early December. Mayor Chinn ici-Zuercher acknowledged Ms. Salay's and Mr. Gerber's efforts in bringing this legislation to Council. She thanked them for their efforts. Mr. Lecklider: 1. Commented in follow -up to the award recently received for the Dublin Community Plan. He recently encountered a friend who is a planner in Brunswick, Ohio and who recently attended a state planning conference and spoke highly of Carson Combs' presentation and of Dublin's Community Plan. 2. Noted that he had represented Council at the Dublin Relay for Life and received a note of thanks from the organizers. They reported that the event netted just over $54,000, which is quite impressive. Mr. Reiner thanked the City staff for the outstanding Healthy Dublin event, which was extremely well attended. A special thanks to the sponsors, including Medical Mutual of Ohio and Dublin Methodist Hospital. Citizens should take advantage of this program, which is being supported by Medical Mutual over the next three years. Dublin is fortunate to be selected as a City to host this program. Mayor Chinnici - Zuercher added that over 400 health screenings were done at the event, which was fun as well as informative. She noted that staff will be preparing a follow -up report. Vice Mayor Boring thanked staff for the report regarding the soccer participation numbers. She noted that the cost study has incorporated some of the suggestions made by staff going forward. Mayor Chinnici - Zuercher noted that an update was provided by Ms. Nardecchia, Volunteer Administrator about how the Cities of Service initiative is moving along. Tomorrow, she will attend a meeting Ms. Nardecchia has spearheaded for 25 community organizations to discuss their needs for volunteers. She thanked Ms. Nardecchia for her work in expanding the excellent program already in place in the City. ADJOURNMENT TO EXECUTIVE SESSION Mayor Chinn ici-Zuercher moved to adjourn to executive session at 8:55 p.m. for discussion of legal matters (to confer with an attorney for the public body concerning disputes involving the public body that are the subject of pending or imminent court action), land acquisition matters (to consider the purchase of property for public purposes), and personnel matters (to consider the appointment, employment, RECORD OF PROCEEDINGS Minutes of Dublin City C ouncil October 5, 2009 Page 16 dismissal, discipline, promotion, demotion, or compensation of a public employee or official) Mr. Gerber seconded the motion. Vote on the motion: Vice Mayor Boring, yes; Mr. Reiner, yes; Mr. Lecklider, yes; Mr. Gerber, yes; Mr. Keenan, yes; Ms. Salay, yes; Mayor Chinnici - Zuercher, yes. The meeting was reconvened at 10:15 p.m. and formally adjourned. — Presidi q Officer Clerk of Council