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HomeMy WebLinkAbout10/19/2009RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting October 19, 2009 Mayor Chinn ici-Zu ercher called the Monday, October 19, 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, Ms. Readier, Mr. McDaniel, Chief Epperson, Mr. Thurman, Mr. Earman, Ms. Crandall, Mr. Hammersmith, Mr. Hahn, Mr. Harding, Mr. Langworthy, Ms. Ott, Mr. Edwards, Ms. Husak, and Ms. Colley. 1 Bic] =11010_14,= e3 /_1,`Idy Scouts from Troop 299, Indian Run Methodist Church led the Pledge of Allegiance. Sam Hausfeld, 6439 Newgrange Drive addressed Council. He noted that their attendance at tonight's meeting is part of the Citizenship in the Community merit badge, which is required for Eagle rank. APPROVAL OF MINUTES Regular Meeting of October 5, 2009 Mr. Gerber moved approval of the minutes. Ms. Salay seconded the motion. Vote on the motion: Mr. Keenan, yes; Mr. Reiner, yes; Mayor Chinnici - Zuercher, yes; Mr. Gerber, yes; Vice Mayor Boring yes; Ms. Salay, yes; Mr. Lecklider, yes. CORRESPONDENCE Notice to Legislative Authority —Transfer of C1, C2 and D6 Liquor Permits from Hook Superx LLC, dba CVS /Pharmacy 6150 at 305 W. Bridge Street to Ohio CVS Stores LLC, dba CVS /Pharmacy 6150, 305 W. Bridge Street There was no request for a hearing on the transfer of these permits. PROCLAMATIONS /SPECIAL RECOGNITION National Make A Difference Day — Saturday, October 24 Mayor Chinnici - Zuercher noted that Make a Difference Day marks an opportunity for everyone in the country to give back to their community. She presented the proclamation to Volunteer Administrator Christine Nardecchia and Green Team member and Dublin resident Jill Butler. Ms. Nardecchia noted that the annual athletic shoe recycling event will take place on Saturday, October 24 at the Rec Center. The project diverts waste from the landfill, as tennis shoes are collected and recycled. The shoes are put to re -use for soft playground surfacing and athletic flooring. The Green Team initiated and led this project. Mayor Chinnici - Zuercher thanked Ms. Butler and the Green Team for this award - winning project, which has been recognized in the state of Ohio as a top project. Extra Mile Day— Sunday, November 1 Mayor Chinnici - Zuercher noted that, as previously reported to Council, Shawn Anderson of Extra Mile America was hosted by FIRSTLINK when he stopped in the Columbus area six weeks ago while traveling from Sacramento, CA to Washington, D.C. He has requested that cities across the country declare Sunday, November 1 as "Extra Mile Day" to recognize and thank citizens who make extraordinary efforts in service to their communities. On behalf of Council, she thanked all Dublin residents for their volunteer work in the community. CITIZEN COMMENTS There were no comments from citizens. LEGISLATION TABLED /POSTPONED 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 RECORD OF PROCEEDINGS Minutes of _ _ Dublin City Counc Page 2 October 19, 2009 1 Center. (Case 08 -107Z) Mayor Chinnici - Zuercher noted that a letter was sent by Aaron Underhill, attorney for applicant LS Dublin Realty LLC, indicating their agreement with postponement of this rezoning for 30 days (for hearing on December 7). Mr. Gerber moved to postpone Ordinance 47 -09 for 30 days. Mr. Reiner seconded the motion. HDP High Density POD District within the Future Central Ohio Innovation Ms. Salay asked about the reason for the postponement. Mr. Foegler responded that Council had raised some issues with this rezoning in terms of the implications for properties in the surrounding areas, and the need for looking at a consistent policy in terms of how the new proposed zoning regulations might be applied to this and properties in the area. Staff is working with this applicant and other property owners in the area. Vote on the motion: Mr. Reiner, yes; Mr. Keenan, yes; Vice Mayor Boring, yes; Ms. Salay, yes; Mayor Chinn ici-Zuercher yes; Mr. Gerber, yes; Mr. Lecklider, yes. SECOND READING /PUBLIC HEARING — ORDINANCES 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. Mr. McDaniel stated that there is no new information to report. He introduced Leo McNeil, Exec. Vice President and Chief Financial Officer of Butler Animal Health Supply. Mr. McNeil noted that they are a Dublin distribution company of animal health products, including pharmaceuticals, medical equipment, medical supplies and prescription pet foods to veterinary clinics across the country. They have 16 warehouse, seven call centers, and service over 29,000 veterinary clinics. They moved to Bradenton Avenue in Dublin in 1989 and relocated to Blazer Parkway in 1999. The lease of the building expires at the end of 2009, and they looked to see what other opportunities were available in the market — from Hilliard to Westerville. They determined that the offer from the owner of 400 Metro Place North was the right choice for them for economic reasons and for future growth opportunities. They will use two of the three floors of the building, which are now being built out for them. It will be 25 percent larger than their current space, and they will enter into an 11 -year lease with two five -year extensions. In 1999, their revenues were $262 million and they project $626 million in 2009. The incentive the City has offered for technology will be very useful to them. He offered to respond to questions. Mayor Chinnici - Zuercher thanked them for deciding to remain and expand in Dublin. Mr. Keenan asked if the City offered fiber to this company as part of the incentive. Mr. McNeil responded that he is not certain. He believes the fiber is available at Blazer Parkway, but he is not certain if they are connected. Vote on the Ordinance: Ms. Salay, yes; Mr. Lecklider, yes; Mr. Reiner, yes; Mr. Keenan, yes; Mayor Chinnici - Zuercher, yes; Vice Mayor Boring, yes; Mr. Gerber, yes. 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. Mr. McDaniel stated that there is no additional information to report. Eric Smith, Vice President of Human Resources for Stanley Steemer is present, as well as Dan Borsky, the consultant for Stanley Steemer working on this project. He appreciates Stanley Steemer's continued commitment to staying and growing their company in Dublin. RECORD OF PROCEEDINGS Dublin City Council _ Meetine October 19, 2009 Page 3 Eric Smith, Vice President, Stanley Steemer International 5800 Innovation Drive and 5500 Stanley Steemer Parkway thanked Council on behalf of current and future employees of their company. Stanley Steemer has significant real estate investments in Dublin, as well as in Indianapolis, Tampa, and Nevada — where they considered expanding their operations. The State of Ohio provided financial incentives, and with the encouragement and counsel of Dublin staff, the company has decided to bring an additional 120 jobs to the City. They are pleased to be located in the City of Dublin, and are interested in being connected to the City's technology. He further noted that they have 73 company -owned locations and 230 franchise locations, and they bring in franchise owners each year to visit operations in Dublin. Ms. Salay asked if they occupy office space at 5800 Innovation Drive, formerly occupied by Applied Innovation. Mr. Smith responded affirmatively, noting that Stanley Steemer leases back half of the building to another company. At the end of the two -year lease, Stanley Steamer will occupy the entire facility. Vote on the Ordinance: Vice Mayor Boring, yes; Mr. Keenan, yes; Mayor Chinnici- Zuercher, yes; Mr. Lecklider, yes; Mr. Gerber, yes; Ms. Salay, yes; Mr. Reiner, yes. Mayor Chinnici - Zuercher moved to waive the Council Rules of Order, dispensing with the reading of Ordinances 53 -09 through 57 -09, and requesting the clerk to read into the record the amount and purpose of each issuance. Mr. Gerber seconded the motion. Vote on the motion: Mr. Lecklider, yes; Vice Mayor Boring, yes; Ms. Salay, yes; Mr. Reiner, yes; Mr. Gerber, yes; Mr. Keenan, yes; Mayor Chinnici- Zuercher, yes. (The Clerk read into the record the amounts and purpose of each issuance.) 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. 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 RECORD OF PROCEEDINGS Minutes of Dublin City C ounc il Meeting October 19, 2009 Page 4 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. Ms. Grigsby noted the following: • In regard to the refinancing ordinances, 56 -09 and 57 -09, with the changes in interest rates last week, some of the City's projected savings will potentially be less than anticipated. The percentage of savings remains much higher than the target of three to five percent and stands in the overall range of nine percent, versus the ten percent projected previously. The range of savings will remain around $1.8 million, based upon last week's interest rates. • As reported previously, staff continued to evaluate the possibility of refinancing the 2001 bond issue. Based upon discussions with bond counsel and the county, staff now plans to do so. Therefore, the refinancing of the 2001 bond issue will be authorized with Ordinance 61 -09, scheduled later on tonight's agenda. • In follow -up to the comments at the last hearing about calls from rating agencies, staff has received preliminary reports and verbal confirmation of the AAA rating. The final reports should arrive sometime this week from both Fitch and Moody's. • Regarding underwriting services, requests for proposals were sent out. In the past week, the proposals were evaluated and Stifel Nicolaus was selected as senior manager. Stifel Nicolaus has an office in Dublin. The co- managers will be Nat City Investments PNC Capital and Robert W. Baird. They will work to sell the bonds on the City's behalf. • There was discussion at the last hearing regarding the use of Build America Bonds. Staff is continuing to evaluate this, and specifically the interest savings, before making a decision to issue Build America Bonds. Based upon past experience of agencies which have issued such bonds, they have done so in conjunction with tax exempt bonds. Normally, the tax exempt bonds are more favorable in the early years, and the Build America Bonds more favorable in the later years. Based on current interest rates, the City is focusing on the tax exempt bonds and will likely issue all tax exempt bonds. This is subject to final review, however, based upon pricing. • There will be a heavy focus on retail sales. She asked Matt Stuczynski, the City's financial advisor, to address this. Matt Stuczynski, MAS Financial Advisory Services noted the following: • The final steps to be completed include the Official Statement and decisions on structure and candidates for the refunding issue. RECORD OF PROCEEDINGS Minutes of in City Council Meeting October 19, 2009 Page 5 • The goal is to be in the market next week. Typically, this means a 48 -hour pricing period. He emphasized that the first day's order will be dedicated solely to retail orders, with the highest priority of orders allocated to Dublin residents. Ohio residents would be second priority, national retail third priority, and institutional orders fourth. The first 24 hours will be dedicated to Dublin residents and Ohio residents. He noted that the best interests of the City are of primary concern, so there is a need to measure those orders against what an institutional order might yield. The second 24 hours will focus on any remaining bonds for institutional orders. • The goal is to maximum the retail sales, which are typically 20 -50 percent of the bond issue. They would like to be close to 50 percent, but it is a function of interest rates at the time. • He congratulated the City on the reaffirmation of their current ratings. • He noted that Dublin does not come to the market often with bond offerings, so it is of interest to those who want to invest. He encouraged anyone interested to purchase the bonds by contacting Stifel Nicolaus, Nat City PNC, Robert W. Baird, or their personal investors. • The City can also refer calls to a broker. The goal is to ensure that all Dublin residents who have an interest in purchasing these bonds can obtain them. Mr. Reiner asked how many other Ohio cities have an AAA rating. Mr. Stuczynski responded that there are several, including Westlake, Dublin, and Columbus. Ms. Grigsby added that Westerville and Upper Arlington have an AAA rating as well. Mr. Keenan moved for emergency passage of Ordinances 53 -09 through 57 -09. Ms. Salay seconded the motion Vote on the motion: Mr. Lecklider, yes; Vice Mayor Boring, yes; Ms. Salay, yes; Mayor Chinnici - Zuercher, yes; Mr. Keenan, yes; Mr. Gerber, yes; Mr. Reiner, yes. Vote on Ordinances 53 -09 through 57 -09: Ms. Salay, yes; Mr. Keenan, yes; Mayor Chinni ci - Zuercher, yes; Mr. Gerber, yes; Mr. Reiner, yes; Vice Mayor Boring, yes; Mr. Lecklider, yes. INTRODUCTION /FIRST READING — ORDINANCES Ordinance 58 -09 Accepting the Updated Estimated Average Per Acre Value of Land for Park Fees in Lieu of Land Dedication. Mr. Lecklider introduced the ordinance. Mr. Hahn stated that the Code requires biennial updating of the fees for parkland in lieu of land dedication. This ordinance establishes the value for 2009 and 2010 at $35,000 per acre. Mayor Chinnici - Zuercher noted that although this is a decrease from the previous land value of $31,500 per acre in 2007 and 2008, it will be updated in 2011 and hopefully, the land values will increase at that time. There will be a second reading /public hearing at the November 3 Council meeting. Ordinance 59 -09 Authorizing the Provision of Certain Incentives to Mindleaders, Inc. to Induce it to Extend the Lease Term on Its Facility within the City and the Expansion of its Operations and Workforce within the City, and Authorizing the Execution of an Economic Development Agreement. Mr. Keenan introduced the ordinance. Mr. McDaniel stated that staff has been in discussion with Mindleaders, Inc. regarding the potential expansion of its workforce, as well as retention of its current office located at 5500 Glendon Court. The company considered relocation and expansion opportunities around Central Ohio, including Grandview Heights. Mindleaders is a learning company, with over 25 years of experience in designing e- learning programs. The company located in Dublin in 2004; in 2007, Mindleaders merged with Third Force, an e- learning company in Ireland and in the United Kingdom. He met with RECORD OF PROCEEDINGS Minutes of Dubli p CityCQUllcil Meetin¢ October 19, 2009 Page 6 Brendan O'Sullivan, the President/CEO of Third Force last week. Mr. O'Sullivan apologized that his travel schedule did not allow him to be in Dublin tonight. Through this merger, Mindleaders' headquarters remained in Dublin, Ohio. The merger created a global organization with a catalog of 3,000 courses, including many specialized sectors such as food safety, literacy, and numeracy skills for life. The company has over 1,000 clients in more than 30 countries in commercial, government and education sectors. The proposed economic development agreement to retain Mindleaders in Dublin, Ohio includes the following: • A five -year, 18 percent performance incentive, which is capped at $155,448 for the term of the agreement. The company would have to reach pre- determined annual withholding targets to qualify for performance incentives from 2010 to 2014. • The company has agreed to sign a 5.5 year lease for the term of this agreement. • The company plans to retain its workforce in Dublin of 98 employees and grow to 130 employees by 2015. Staff recommends approval of Ordinance 59 -09 at the second reading /public hearing on November 2. He offered to respond to questions. Ms. Salay recalled that the City provided an incentive to Mindleaders when they located in Dublin a few years ago. Could staff provide a memo for the next hearing regarding Mindleaders' performance related to that economic development agreement? Mr. McDaniel agreed to do so. There will be a second reading /public hearing at the November 2 Council meeting. Ordinance 60 -09 Authorizing the Provisions of Certain Incentives for the Purposes of Encouraging the Location of Delta Energy Holdings, LLC within the City of Dublin, which Include Declaring Improvements to Certain Real Property to be Developed as a Delta Energy Holdings, LLC Facility to be a Public Purpose, Describing the Public Infrastructure Improvements to Be Made to Benefit the Parcels of Such Development, Requiring the Owner Thereof to Make Service Payments in Lieu of Taxes, Providing for the Franklin County Treasurer to Distribute Service Payments to the Dublin City School District in the Amount It Would Otherwise Receive Absent the Exemption, Creating a Municipal Public Improvement Tax Increment Equivalent Fund for the Deposit of the Balance of Such Service Payments, and Authorizing the Execution of a Real Estate Purchase Contract for the Sale of Parcel 273 - 010591 -00, Economic Development Agreement and Tax Increment Financing Agreement, and Declaring an Emergency. Mr. Lecklider introduced the ordinance. Mr. McDaniel stated that staff has been in discussion with Delta Energy for several month regarding attracting their operations and workforce to the City of Dublin. He noted the following: • Delta intends to construct initially a 24,000 square foot facility, which it is willing to expand up to 35,000 square feet to serve as its corporate headquarters. The new headquarters facility demonstrates Delta's long -term commitment to Dublin. It is expected to locate in Dublin with 75 employees initially, and expand to at least 100 employees by 2015. • Delta desires to purchase property currently owned by the City at the southwest corner of Emerald Parkway and Perimeter Drive and to construct a new headquarters facility. • Delta is currently located in the City of Columbus although they originally were housed in Dublin as part of Ashland, Inc. They were spun out of Ashland and located on Federated Boulevard in Columbus. Sheri Tackett, President desires to move the company back to Dublin. • Delta is a customized energy management service for energy consumers and producers, and provides competitively - priced natural gas supply and transportation to industrial end - users. Their services are provided throughout RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting October 19, 2009 Page 7 the continental United States and Canada; natural gas sales and transportation are focused in the major consuming regions of the Northeast, Mid Atlantic, Mid - Continent and Gulf Coast. Delta currently services numerous Fortune 500 accounts, manages electric and gas - consuming facilities across most industries, and provides customized energy services for energy suppliers, producers and utilities. • Ordinance 60 -09 authorizes the City Manager to execute a Real Estate Purchase Contract, an Economic Development Agreement, and a Tax Increment Financing Agreement. • He noted that the site consist of approximately 5.0 acres. The City previously purchased the property for the purpose of extending Emerald Parkway and connecting to Perimeter Drive. At that time, it was felt that the extension of Emerald Parkway and connection to Perimeter Drive would damage the property in term of limiting access to the property for economic development. Therefore, the City purchased the entire property. • Staff has been working with Delta for over a year to identify a suitable site for their headquarters in Dublin. Delta approached the City regarding purchase of this property for their headquarters. Staff is now recommending that Council approve this real estate contract in conjunction with the EDA and TIF agreements. He reviewed the highlights of the project: • The site will house a facility of up to 35,000 square feet. He shared elevations of the buildings, noting that the water feature on the northern end of the site will serve as stormwater detention for both the Delta Energy site as well as future improvements to Commerce Parkway and Perimeter Drive intersection. • The City agrees to pay a LEED Certification Grant in the amount of $40,000, once the following has been satisfied: completion of up to 35,000 square feet of office building; issuance of a certificate of occupancy for the building; and upon receipt of a copy of the LEED certification for the building. Such grants for LEED Certification have been given by the City previously for IGS and for Cardinal Health. The property would be sold to Delta at a price of $225,000 per acre, which is the price the City paid for the property in 2001. The exact amount of acreage needed will be determined with the final engineering. • Other incentives being offered include infrastructure improvements, as outlined in the tax increment financing agreement. These include road improvements at Perimeter Drive and Commerce Parkway, which is in the current CIP in 2014. Construction of this facility and adding this site to the existing tax increment financing district could accelerate that construction. There would also be modifications to Commerce Parkway yet to be determined, bikepath improvements and associated lighting along Commerce Parkway and guardrail, if required, along Emerald Parkway. He estimates the cost of these improvements as approximately $2 million. The current intersection improvement plan cost is estimated at $1.6 million. Delta will agree to provide the necessary easements to the City for the public improvements. • The City and Delta agree to work cooperatively on the design and construction of a storm water retention pond on the northeast corner of Commerce Parkway and Perimeter Drive. The retention pond will serve both the City and Delta's storm water retention needs and remain on City -owned property. Delta will construct the retention pond and the City will reimburse Delta for its proportionate share of the total capacity. • Delta agrees to cooperate in the creation of the tax increment financing district and covenants to make service payments to fund the public infrastructure improvements as outlined. Further details are provided in the memo. Per the Ohio Revised Code, a non - school TIF district may be in place for a period of 30 years or until the City is reimbursed for the public infrastructure improvements. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting October 19, 2009 Page 8 The private development of this property will result in future property tax revenues for the governmental entities within the taxing district that would not have been generated if the City continued to own the property and had not allowed private development to occur. Staff recommends approval of the ordinance at the second reading /public hearing on November 2. Staff will also request emergency passage at that time. He offered to respond to questions. Ms. Salay asked staff to provide a memo with about similar economic development projects approved for the City, especially those with LEED certification. The land which is part of this agreement is not a typical component, and the agreement seems very generous. She is pleased with Delta Energy relocating to Dublin, but would like to have some comparables in terms of incentive packages for other companies. Mr. McDaniel responded that IGS built a 90,000 square feet and the City provided a $70,000 grant for LEED certification. For Cardinal's second building construction, a grant of $50,000 was committed for LEED certification. He believes this is the first agreement in which the City has sold land to the company for purposes of economic development. There was really not an existing benchmark for the land portion of this agreement. Ms. Salay responded that she is interested in numbers of employees and potential revenue as a result of the project, as well as infrastructure improvements that would be needed in the future absent a tax increment financing district. Mr. McDaniel agreed to provide the additional information requested. Mayor Chinn ici-Zuercher noted that she heard the initial presentation from Delta Energy at the Planning & Zoning Commission meeting. She was very encouraged about the plan presented, which included ponds and landscaping. It is consistent with the vision of the area established years ago. Mr. McDaniel added that the Planning & Zoning Commission approved a conditional use for this applicant at their October 8 meeting. Mr. Lecklider asked if there is an estimate of the income tax revenue to be generated from this development. Mr. McDaniel responded that he will forward this information to Council. There will be a second reading /public hearing at the November 2 Council meeting. Ordinance 61 -09 Providing for the Issuance and Sale of Bonds in the Maximum Aggregate Principal Amount of $3,550,000 for the Purpose of Paying the Costs of Refunding Bonds Previously Issued by the City for the Purpose of (A) Paying the Property Owners' Portion, in Anticipation of the Collection of Special Assessments Heretofore Levied, of the Cost of Improving Woerner Temple Road and Eiterman Road Between Certain Termini By Constructing, Extending, Opening, Improving, Grading, Draining, Curbing, Landscaping and Providing Sidewalks, Bikeways and Lighting Systems and All Related Sewer and Water Utility Improvements, and Providing All Related Work and Appurtenances and (B) Paying Costs of Improving the City's Service Center Complex by Constructing, Furnishing, and Equipping a New Service Center Building and Making Related Landscaping and Site Improvements, Together with All Necessary Appurtenances, and Declaring an Emergency. Mr. Lecklider introduced the ordinance. Ms. Grigsby stated that this legislation provides for the refinancing of outstanding bonds relating to the 2001 bond issue, originally issued to finance the construction of the Service Center as well as the special assessment portion of the public infrastructure improvements related to the Ballantrae residential development. In order to issue these with the other five bond issues approved tonight, staff is requesting that Council dispense with the public hearing and pass this as emergency legislation. RECORD OF PROCEEDINGS Rublin City Council Meeting October 19, 2009 Page 9 Mr. Lecklider noted that the memo indicates an estimated savings of $185,000 in interest costs over time. Is that the net savings after the expenses for refinancing? Ms. Grigsby responded affirmatively. However, based upon the new interest rates as discussed earlier tonight, the savings are now estimated at $130- 135,000. Mr. Gerber moved to dispense with the public hearing and treat this as emergency legislation. Mr. Reiner 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. Mr. Keenan asked for clarification regarding the change in the market that resulted in the difference in savings. Mr. Stuczynski responded that since the Council meeting on October 5, depending upon maturity, there has been a movement between 9 basis points and 50 basis points higher in the last two weeks, which is significant. They expect this to settle down within the next 7 -10 days. Vote on the Ordinance: Ms. Salay, yes; Mr. Lecklider, yes; Mr. Gerber, yes; Mayor Chinnici - Zuercher, yes; Mr. Reiner, yes; Mr. Keenan, yes; Vice Mayor Boring, yes. INTRODUCTION /PUBLIC HEARING - RESOLUTIONS Resolution 52 -09 Appointing a Member to a Vacancy on the Parks and Recreation Advisory Commission. Vice Mayor Boring, Administrative Chair introduced the resolution and moved to appoint Mel Ehrlich to the unexpired term of Lois Reese on the Parks & Recreation Advisory Commission. He will serve as a senior citizen representative to the Commission. Ms. Salay seconded the motion. Vote on the Resolution: Ms. Salay, yes; Vice Mayor Boring, yes; Mr. Reiner, yes; Mr. Lecklider, yes; Mr. Keenan, yes; Mr. Gerber, yes; Mayor Chinnici - Zuercher, yes. Resolution 53 -09 Accepting the Lowest/Best Bid for the Coffman Park Shelter Replacement Project. Ms. Salay introduced the resolution. Mr. Hahn stated that this project provides for the replacement of two of the older shelter houses. The City purchased the shelter house kits outright through a cooperative purchasing agreement. The award of this contract provides for the labor, concrete work and associated site improvements to erect the shelter houses. Janco has done work for the City previously, and staff recommends acceptance of this bid. Mayor Chinnici - Zuercher asked for clarification of the estimate of $200,000 for the project. Mr. Hahn responded that the $200,000 was not a good estimate on staff's part. However, there were quite a range of bids received for the project. Staff does recommend acceptance of the bid from Janco. The $69,000 plus bid, together with the $88,000 dollars for the kits totals the $171,080 cost for the project. Ms. Salay asked if the $88,000 covers the total costs for the two kits, and the $69,000 covers the total costs for erecting the two kits. Mr. Hahn responded affirmatively. Ms. Salay asked if the shelters will replicate the size of the existing ones. Mr. Hahn responded that they are similar in size and shape, but are a much nicer design. They reflect the existing architecture of the adjacent restrooms. Mr. Lecklider asked if the existing condition of the shelters was such that they could not be maintained. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting October 19, 2009 Page 10 Mr. Hahn responded that the existing shelters would require significant improvements, as the roofing systems are no longer viable. The design of these shelters was poor, and the new shelters' design is superior to what exists in the park at this time. Vice Mayor Boring asked if the design and architecture will be compatible with the rest of Coffman Park. Mr. Hahn responded that they are kits, but stone piers will be added to improve the appearance. 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 Final Plat — Tartan Ridge, Section 3 Ms. Husak stated that this is a request for approval of the final plat for Tartan Ridge Section 3, which includes 26 single - family lots. Planning & Zoning Commission reviewed the application in September, approved the final development plan and recommended approval of the final plat to Council. She shared the preliminary development plan for Tartan Ridge, which included 246 single - family lots and indicated the location of Section 3 lots. She shared the plat of Section 3 with 26 lots, indicating a somewhat different feature of "build to" lines related to setbacks, requiring a portion of the building to be located within the area. The plat includes that information, and also includes a 20 -foot wide piece of land as an open space to preserve some significant existing trees on the site. They will be included in a "no disturb" zone on some of the lots. There are three different types of lots on this plat — cottage lots, which are slightly smaller in size and have a smaller setback; and park and village lots, respectively, which are similar in size and requirements, with park lots not allowing front - loaded garages. Park lots are typically located along parks and major roads, and this would keep the garages out of view. Ms. Salay asked how the garages in the park lots would be accessed. Ms. Husak responded the access would be from the side, rear, or from a courtyard. Ms. Salay asked if there is an alley to allow for rear - loading garages. Ms. Husak responded that there is not an alley in this area, but the access would be from the rear. Ms. Salay noted that this would require a driveway around the house. Ms. Husak responded that the wider width would allow that to take place. Ms. Salay asked about the width of the lots. Ms. Husak responded they are 85 to 95 feet. Generally, this type of access would be done with a courtyard style and side load. The lots will accommodate these, especially the corner lots. This type of lot exists in Ballantrae as well. Ms. Husak reviewed the criteria for recommending approval, and noted that all criteria have been met except the ones addressed with conditions. The final development plan has been approved by Planning & Zoning Commission. Staff recommends approval with one condition, that any minor technical adjustments to the plat be made prior to City Council submittal. This has now been completed. The applicant is also present to respond to questions. Mayor Chinn ici-Zuercher asked for confirmation that this was the location of the 2009 Parade of Homes. Ms. Husak responded that the Parade was located on the northern portion of this development. Mr. Lecklider noted there was significant discussion in the minutes of P &Z regarding the location of the garages. He asked staff to identify the location on the plat for street - oriented garages or where they would be permitted. Ms. Husak responded that all of the houses are street loaded, so all access is from the street. There was an option for an alley in this subarea, but it was not a requirement. The applicant has chosen to move this plat forward without an alley. The lots shown in blue and green would allow a front - loaded garage. RECORD OF PROCEEDINGS Minutes of Dublin Cit Co uncil Meetin October 19, 2009 Page 11 Mr. Lecklider asked if that was contemplated in the original plan. Ms. Husak responded affirmatively, noting there was an option for an alley or non -alley layout. The garage location requirements meet what was in the original submission. Mr. Lecklider noted that he recalls the intent was not to have garage doors visible from the street. Ms. Husak responded affirmatively, noting that this is a requirement for lots which front on parks or major streets. The road separating the blue and green lots is fairly short and in the back, so is not considered a road used by anyone other than residents. The requirement not to view garage doors from a major road is met on the roads one would customarily drive on. Mayor Chinnici- Zuercher noted that staff has indicated that Golden Rose Way is viewed as a road to be used primarily by the residents, but visitors would use this road as well. Ms. Husak agreed. Mayor Chinn ici-Zuercher invited the applicant to comment. Charles Driscoll, Tartan Ridge LLC stated that he has no comments to add. Ms. Salay stated that when the development was approved a few years ago, it represented a different product with alleys and not front - loaded garages. The narrower lots were appealing because the garage doors would not front the streets, and garages would be accessed through alleys. Is the alley concept or something other than front - loaded garages still a viable part of this development for other portions? Mr. Driscoll responded they have varying products for this development, with varying lot widths and different garage requirements. There are alleys for the section south of Section 3. Ms. Salay asked if the plan is to develop with alleys going forward. Mr. Driscoll noted that it was always anticipated that this section may or may not have alleys. Ms. Salay stated that she does not want to have the concept altogether abandoned. Mr. Driscoll responded that they are not trying to change anything; this was an option that was always contemplated. Ms. Salay asked staff if there is a time constraint involved in this plat approval, as the minutes provided are draft. Typically, the Commission approves their record prior to consideration of the case by Council. Ms. Husak responded that the Commission had requested that staff consider cancelling some upcoming meetings for the remainder of this year. Therefore, there was not a meeting scheduled in which the Commission could approve the minutes prior to forwarding this to Council. The applicant is also anxious to have this completed. Ms. Salay asked why the Commission would consider cancelling meetings. Ms. Husak responded that there has been a decrease in the number of applications filed, and the Commission indicated they would prefer one longer meeting versus two shorter meetings each month. Mr. Lecklider noted that Mr. Driscoll has characterized the alleys as an "either or" phase. What drove the selection of this option? Mr. Driscoll responded that the real estate market has driven this decision, as they believe this product is safer in the current environment. The lots depicted on the left have not been changed; only the two rows of lots on the right, which constitute 15 -16 lots out of a 270 -lot subdivision. Mr. Lecklider asked for clarification, that in each of the remaining lots, other than the cottage lots, the garages will either be side - oriented or somehow rear - loaded. Mr. Driscoll responded that they will be side, rear, or courtyard -- facing the main streets. There won't be any garage doors facing the boulevard of Glacier Ridge, where the school is located. RECORD OF PROCEEDINGS Minutes of City Council Meeting Page 12 October 19, 2009 Mr. Lecklider noted that while he appreciates the market factors, he is disappointed that Council is seeing an alteration to a more conservative plan. He remains excited about this project, which is a premier location for residential housing in Central Ohio. He had hoped that what would occur was what was depicted in the text, similar to what was viewed in Franklin, Tennessee. He is hopeful that as the project progresses, the developer would adhere to the theme previously shared. Vice Mayor Boring noted that she supports the statements of Ms. Salay and Mr. Lecklider. What Council has been shown and expects to occur doesn't happen with this development. Ms. Salay asked for clarification about the brown area shown on the perimeter of the lots, which staff indicates as a "build to" line. How will this operate? Ms. Husak responded that it is unique in this development and does not occur in typical suburban development. Each lot has a build zone, and the front fagade of the home must be within that area. Therefore, it is a shorter front setback, and there is variation built in. Mr. Driscoll added that the developer did not want houses pushed back on the lots, but wanted them closer to the street. This is what prompted the build to zone. Mr. Reiner asked about the enforcement of the architecture, noting that he hopes the participants in the project propose similarly exciting architecture to what has been shown previously. Mr. Driscoll agreed. Mr. Reiner seconded the motion. Vote on the motion: Vice Mayor Boring, Salay, yes; Mr. Gerber, yes; Mr. Keenan, Mr. Gerber moved approval of the final plat, as recommended by P &Z. , es; Mayor Chinnici - Zuercher, yes; Ms. yes; Mr. Lecklider, yes; Mr. Reiner, yes. Naming of City Park Located at Blazer Professional Campus Mr. Hahn noted that the staff memo proposes the naming of this park as "Smiley Park." The City's park naming policy is also included, including the criteria for naming of a park after an individual. Given that this parkland was donated by Dr. Smiley, staff felt it appropriate to recommend the name as "Smiley Park." He offered to respond to any questions. Mr. Gerber moved approval of the naming of the park as Smiley Park. Mr. Reiner seconded the motion. Vote on the motion: Mayor Chinnici - Zuercher, yes; Mr. Reiner, yes; Vice Mayor Boring, yes; Mr. Keenan, yes; Mr. Gerber, yes; Ms. Salay, yes; Mr. Lecklider, yes. Mayor Chinnici - Zuercher asked that staff convey Council's appreciation for their donation. Right -of -Way Encroachment for signage — Metro Place office complex (Case No. 08- 086AFDP) Ms. Husak stated that there are two site identification signs involved in this request. The Planning & Zoning Commission reviewed the request in September and recommended approval to Council. She noted the following: • The site is located on the west side of Frantz Road, and includes several office buildings within Metro Place North and South. • The applicant sought approval from P &Z for a coordinated sign plan for this office complex, including directional signage on the road and interior to the site. Signs 1 and 8 are those which encroach in the right -of -way. • The existing signs have been in place long before much of the Code regulation of signage was done. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting October 19, 2009 Page 13 • The applicant wanted a high quality look, while maintaining the location of the signage in place. The proposed signage maintains the height of the existing signs, and includes the Center name. • Engineering has reviewed these and has no concerns regarding site visibility. They stressed that the same height will be maintained with the new signage. Staff recommends approval of this encroachment as approved by Planning & Zoning Commission. Ms. Salay asked if any precedent will be established by approving this encroachment. Ms. Husak responded that this circumstance is unique due to the larger right -of -way and the manner in which the entry feature works. Staff does not believe this will establish a precedent. Mr. Reiner stated that this will be a good upgrade for this office park, and will help with location identification for the center. Vote on the request: Vice Mayor Boring; yes; Mr. Keenan, yes; Mr. Reiner, yes; Mr. Gerber, yes; Mr. Lecklider, yes; Ms. Salay, yes; Mayor Chinnici - Zuercher, yes. STAFF COMMENTS • Annual Items of Interest for Planning & Zoning Commission, Board of Zoning Appeals, and Architectural Review Board (request referral to Council committee) Ms. Colley stated that in a March 2009 study session, Council requested that boards and commissions prepare work plans for 2010, so that Council could review the items of interest for assignment to the board and commission. Because this is a pilot program, it has required additional time for staff to work with the boards and commissions on these lists. Staff's recommendation is that the lists be referred to a Committee of Council — perhaps the Administrative Committee — for further review and discussion. Vice Mayor Boring suggested that because these three boards and commissions work on items of interest to the Community Development Committee, that Committee would be the appropriate one to review the lists. Ms. Salay, Community Development Committee Chair, agreed. She noted that in the items of interest submitted, the individual members proposed an item of interest. Was there any consensus on the priority of the items? Ms. Colley responded that her understanding is that the Planning Commission could not come to consensus as a group, and so each member submitted an item for consideration by Council. This did not occur with the ARB or BZA lists. Ms. Salay asked if Council would be supportive of having P&Z select two items of interest for priority. Mayor Chinnici - Zuercher suggested that Council provide further direction to staff about what Council is seeking from this exercise. These tasks would be in addition to the normal workload of the Commission, so it would not be possible to undertake seven additional tasks in a year. Discussion followed Ms. Colley summarized that based on tonight's discussion, staff will return to the boards and commissions who have submitted items, give them an overview of the submissions of the three groups to assess the potential for joint projects, and provide some staff guidance in terms of prioritizing the items to best serve the community. The revised lists will be submitted to the Community Development Committee for review and recommendation to Council. • Rules of Order for Planning & Zoning Commission, Board of Zoning Appeals, and Architectural Review Board (request referral to Council committee) Ms. Colley stated that an updated memo was distributed on the dais tonight. Staff is recommending that Council refer these Rules of Order to a Committee of Council for RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting October 19, 2009 Page 14 further review. Staff will provide more detailed information regarding the changes for the Committee's review. Mr. Reiner moved referral to the Administrative Committee. Mr. Keenan seconded the motion. Vote on the motion: Ms. Salay, yes; Mr. Lecklider, yes; Mr. Gerber, yes; Vice Mayor Boring, yes; Mr. Keenan, yes; Mr. Reiner, yes; Mayor Chinnici - Zuercher, yes. • Amendments to Sections 33.04(B) and 33.54(D) of the Dublin Code (Chapter 33 - Personnel Policies) Mr. Harding stated that the packet includes a memo regarding two proposed amendments to Chapter 33, the Personnel Policies section of the Code. A redlined version was also included. He reported the following: • The procedure for amending this Chapter requires that the amendment be reported to Council; if Council does not modify or reject those proposed amendments within 30 days, the amendments become effective. • The proposed amendments relate to the practice of hiring City of Dublin retirees into the same positions from which they retired. Staff has been developing a policy to address this practice, and is proposing these Code amendments to govern that practice. • The two sections proposed for amendment are 33.04(B) and 33.54(D). Sectior 33.04(8) establishes the unclassified service, and lists the employee classes and individual positions serving in the unclassified service. Section 33.54(D) is the Code section that specifies the reinstatement policy. It has been used only three times in 20 years, but that policy currently specifies that individuals can be reinstated within two years of separation if there is a need for their services. That approval is subject to the City Manager. • The proposed amendment to 33.04(8) establishes a new class in the unclassified service — that of all previous City of Dublin employees rehired pursuant to 33.54(D). The proposed amendment to 33.54(D) reflects that, should the City Manager approve a rehire under this policy, that rehire would serve in the unclassified service of the City. • The key substantive change in policy is that individuals rehired in the future would serve in the unclassified service, at the pleasure of the City Manager. • Staff believes these amendments are the best way to address this practice area. The amendments would allow the City Manager to rehire previous employees when there is a compelling organizational reason to do so, without the employment rights that would be inherent to an appointment within the classified service of the City. • Staff is cognizant of its responsibility to make appropriate determinations in terms of these types of rehires in the future so that the use of this policy would not be a means to avoid the rigors of a competitive new hire selection process. He and the City Manager would therefore closely scrutinize any such rehires in the future to ensure that they are in the best interests of the City. Staff is recommending that Council permit these Code amendments to become effective within 30 days, which would be November 18. He offered to respond to questions. Mayor Chinn ici-Zuercher asked about the required period of time out of service after the date of termination or retirement before someone could be considered for rehire. Mr. Harding responded that 60 days is what the retirement system requires. If an individual does not stay out of service for 60 days, their retirement pension would be forfeited for those initial 60 days. Mayor Chinnici - Zuercher asked for clarification about which categories this would apply to. She understands this would address not only retirements, but anyone who has resigned from the City. Mr. Harding confirmed that is correct. There were no further comments regarding the proposed amendments. Mr. Harding clarified that without further action from Council to modify or reject the amendments, the amendments will be effective in 30 days. RECORD OF PROCEEDINGS Minutes of D ubli n City Council Meeting October 19, 2009 Page 15 Appointment of Acting Clerk of Council Mr. Gerber moved to appoint Judy Beal as Acting Clerk of Council from October 23 through October 28. Mr. Lecklider seconded the motion. Vote on the motion: Mr. Lecklider, yes; Mr. Keenan, yes; Mayor Chinnici - Zuercher, yes; Mr. Reiner, yes; Mr. Gerber, yes; Ms. Salay, yes; Vice Mayor Boring, yes. STAFF COMMENTS Mr. Foealer noted: 1. At Council's meeting of November 2, staff will provide a detailed report regarding railroad quiet zones, as requested at a recent meeting. This should provide information about the options and implications of pursuing a policy to correct those issues. 2. The Bridge Street Corridor Speaker series will commence on Tuesday, October 27 at the Conference Center at OCLC at 6:30 p.m. A dinner for Council and the Planning Commission with the speaker will take place at 4:30 p.m. at the Center. 3. The organizational restructuring proposal will be presented to Council for consideration at the November 2 meeting. 4. For the third consecutive year, the City has been named a "Smart 21 Community' in the Intelligent Community of the Year Program. The program honors communities for best practices in broadband deployment, knowledge workforce development, digital inclusion, innovation and marketing and advocacy. This year, Dublin is vying with communities from around the world and the U.S. to be named the "Intelligent Community of the Year." The Top 7 honors will be announced on January 20, 2010 in Honolulu, followed by announcement of the Intelligent Community of the Year on May 21 in New York City. Last year, Dublin finished eighth among the Smart 21, narrowly missing the Top 7 spot. He thanked everyone who has worked under Mr. McDaniel's' leadership to achieve this. COUNCIL COMMITTEE REPORTS /COUNCIL ROUND TABLE Mr. Keenan, Finance Chairperson reported that the Committee met this evening to review Ordinance 49 -09, adopting the cost study update for City services. Staff worked with Revenue & Cost Specialists LLC to prepare a complete fee study update, which was reviewed by the Committee. The Committee will recommend to Council on November 2 the approval of the ordinance, with the following revisions: PL10, informal plan review, reduction from $975 to $500 flat fee; deletion of PL 42 and PL 44, which the City does not have authority to implement; PL34, garage sale permit, maintain the fee at $5. With implementation of all of the changes, the City will be in line for cost recovery for the foreseeable future. Ms. Salay commented that neighborhoods often have community -wide garage sales, and each participating resident is required to pay an individual fee. It is to the City's advantage to have neighborhood- coordinated garage sales versus ongoing individual garage sales. She supports allowing a neighborhood to pay a $20 fee for an entire neighborhood, which would eliminate the need for all the individual signs on properties. This would provide an incentive for coordinating the sales in a neighborhood and save administrative time as well. Mr. Keenan asked if Council would support such a flat fee for the entire neighborhood. Mayor Chinn ici-Zuercher asked Ms. Grigsby for input regarding a reasonable fee for this, based on what has been collected in the past for a community -wide garage sale. Ms. Grigsby responded that she is not certain of the amount of activity per neighborhood, but staff can provide that information when the legislation is brought to Council on November 2. Ms. Sala v noted that in reviewing the comments regarding the railroad quiet zone, she wants to ensure that the staff working on this view it in terms of how it can be done versus why the City cannot or does not want to do it. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting October 19, 2009 Page 16 Mr. Keenan noted that much discussion has taken place previously about this subject. He now believes that the City needs to work hard to accomplish this, if possible. There are compelling arguments on both sides, but it is a health, safety and welfare type of issue — which is the charge of the City. For the affected residents, the noise is very disturbing on a daily basis. He supports working to establish a railroad quiet zone. Vice Mayor Boring agreed it is a quality of life issue, but not one that the City is responsible for correcting. People make choices about which neighborhood to live in, and she feels a responsibility to other taxpayers who chose not to move in that neighborhood because of this. If there is grant money available and other entities will cooperate as suggested, that makes a difference. However, the City should not feel compelled to correct situations in all cases. Mr. Keenan responded that the federal government has invested millions in building freeway noise barriers adjacent to housing that was built long after the freeways were constructed. He believes that the impacted ward in Dublin represents 25 percent of the City's population. It does warrant careful consideration, and he, too, is hopeful of securing grant monies. Mayor Chin nici-Zuercher noted that she had understood Council's direction to the City Manager was to bring back all of the information for Council to make a decision, and that prior to receiving that information, Council would not suggest any final instructions about this matter. Mr. Gerber stated that he is supportive of working with state and federal officials to identify grant monies available for this purpose. He wants this information to be included in the report as well. Mr. Reiner thanked staff for their hard work on the Spooktacular event for the children in the community. It was a cold night, but lots of fun for everyone. Mr. Gerber: 1. Echoed Mr. Reiner's comments regarding Spooktacular. 2. Noted that Council's calendar reflects the "Hope has a Home" award ceremonies on Wednesday, December 9 at the DCRC at 6 p.m. He encouraged everyone to attend this event. Vice Mayor Boring 1. Reported that she attended the COTA Advisory Panel meeting this week and learned of some service expansions underway. With sales tax collections reduced, COTA is seeking ways to continue to serve the community efficiently. 2. Noted that she attended a conference regarding green initiatives for businesses, held at the Dublin Entrepreneurial Center. Columbus State is now offering online green training courses. It is exciting to see what is being done in the community in terms of advancing knowledge and technology. She encouraged the City to host more such seminars at the DEC. Mayor Chinnici - Zuercher: 1. Reported she attended the Homeowners Association meeting last week. It was well received, with a good turnout. The attendees were very complimentary about the information shared. Mr. Thurman did an excellent job in representing the Finance Department. 2. Noted that she attended the Ohio Municipal League and the Mid -Ohio Regional Planning Commission board meetings in the last week. 3. Noted that she attended an informal Mayors and Managers meeting at Bricker and Eckler, with information sharing about legal decisions made which impact cities. 4. Stated that Council agreed several months ago not to introduce legislation regarding banning texting, and that an educational campaign would take place RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting October 19, 2009 Page 17 regarding the City's existing laws regulating such matters. She asked about the status of the implementation of this educational campaign. Ms. Salay responded that there was an excellent op -ed piece by Chief Epperson in a local newspaper. Chief Epperson noted that the education is taking place as part of the high school DARE program. There is also a video used in the City's Safe Street Program. In addition, there was a recent insurance company- sponsored event held in Dublin, which allowed young drivers to maneuver through cones while texting. In view of the fact that state legislation is pending, staff has decided not to propose the introduction of local legislation. The Law Department is reviewing what other communities in Central Ohio are doing, and will prepare a memo for Council on that topic. Mr. Keenan stated that the state legislation is now in Committee. Ms. Salay asked if the state legislation focuses strictly on texting. There are many other distractions, such as cell phones. Chief Epperson responded that what is being proposed at the State relates to texting only. It has not been modified to include other activities. The current local Code is broader, and not a per se Code. It requires full time and attention by the driver, and it has been used to cite people for various reasons. Often, it is issued after investigation of an accident, when the activity is identified which distracted the driver. There are pros and cons of this law, as it offers the officer broad discretion. Current state law, as proposed, is strictly focused on texting. Mr. Lecklider stated that he is aware of at least one legislator who recognizes that there are many devices which drivers use in cars, not only text messaging. Mr. Keenan noted that there are electronic messages sent to drivers by ODOT to notify them of road congestion ahead. Mayor Chinnici - Zuercher stated that perhaps the City could follow up with the state senators and representatives regarding their position on this, encouraging them to move forward with the texting portion. Chief Epperson stated the legislation was introduced only three weeks ago. He offered to bring in the video used for the education program at the schools, which addresses texting and other activities and is targeted toward the young people. Mr. Keenan stated that it is encouraging to hear that the City is working in the schools through the DARE program, as that is where the emphasis needs to be. Mayor Chinnici - Zuercher: 5. Asked about the status of the wayfinding program in Historic Dublin. Ms. Ott responded that staff is working with a design consultant on the fabrication issues associated with the concept approved by ARB in May. They are hopeful of bringing this concept to Council by the December 7 meeting. If the fabrication issues cannot be resolved, there may be need for design changes. 6. Noted that a letter was sent to Council from the Committee for Children requesting that Council endorse the Children's Services levy in Franklin County, which is on the November 2 ballot. She is aware that Council's policy has been one of not taking a formal position on these voted matters. She asked if there is any motion in response to this request. (There was no motion offered.) ADJOURNMENT TO EXECUTIVE SESSION Mayor Chin nici-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, 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. RECORD OF PROCEEDINGS Minutes of D ublin City-Council Meetine October 19, 2009 Page 18 20 The meeting was reconvened at 9:20 p.m. and formally adjourned. Mayor— Presiding Officer Clerk of Council