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HomeMy WebLinkAboutCouncil Minutes 12-12-2011RECORD OF PROCEEDINGS Minutes of Dublin City Council MeetinL December 12, 2011 Held 20 Mayor Lecklider called the Monday, December 12, 2011 Regular Meeting of Dublin City Council to order at 7:00 p.m. at the Dublin Municipal Building. PLEDGE OF ALLEGIANCE Mr. Reiner led the Pledge of Allegiance. ROLL CALL Present were Mayor Lecklider, Mrs. Boring, Mr. Gerber, Mr. Keenan and Mr. Reiner. Ms. Chinnici- Zuercher was absent (excused). (Vice Mayor Salay arrived at 7:05 p.m.) Staff members present were Ms. Grigsby, Mr. Smith, Mr. McDaniel, Ms. Mumma, Chief von Eckartsberg, Mr. Harding, Ms. Crandall, Mr. Hammersmith, Mr. Hahn, Mr. Langworthy, Ms. Ott, Mr. Sova, Ms. Gibson, Mr. Thurman, Ms. Colley, Ms. Burness, Ms. Canavan, Ms. Puskarcik, Ms. Lozier, Lt. Farmer, Mr. Gracia and Mr. Clarey. PROCLAMATIONS /SPECIAL RECOGNITION Lifesaving Award — Police Officer David Jaeger Chief von Eckartsberg introduced Kim Vucelich of Galena, Ohio, daughter of George Lias, who will address Council regarding Officer Jaeger's lifesaving actions on behalf of her father. Kim Vucelich 11719 Gorsuch Road, Galena, Ohio described the lifesaving assistance rendered by Officer Jaeger at an accident scene in western Pennsylvania. The actions of Officer Jaeger clearly saved her father's life, according to medical responders. She offered the family's heartfelt thanks to him and to the City of Dublin for the training provided to Officer Jaeger. Chief von Eckartsberg then recounted in detail the actions of Officer Jaeger at the accident scene in July. He presented Officer Jaeger with the Division of Police Lifesaving Award. On behalf of City Council, Mayor Lecklider congratulated Officer Jaeger for this lifesaving award. Dublin Jerome High School Girls Tennis Team State Championship Mayor Lecklider presented a proclamation to the Dublin Jerome Girls Tennis Team and their coach, Tyler Stephen, in recognition of their state championship and their outstanding accomplishments this season. The team members present included Lauren Bellinger, Maddy Easdale, Sofia Gomez, Rhiannon James, Caitlyn Merzbacher, Emma Schnell, Mara Sheley, Emma Stein, and Sarah Stein. Coach Tyler Stephen thanked the team for their commitment, and City Council for this special recognition. SPECIAL PRESENTATIONS Scott Drina, Exec Director Dublin Convention & Visitors Bureau provided the Bureau's quarterly update to Council. • He noted that the DCVB has been reaccredited for a four -year period by the Destination Marketing Association International. There are 153 Bureaus worldwide that are currently accredited, and only four in Ohio. • Business in the Dublin travel industry has improved over 2011. Occupancy rates were up seven percent, and hotel -motel tax revenue for the City of Dublin is up 9 percent. They anticipate continued improvement through 2012, expecting another three to five percent increase in hotel -motel tax revenue. • Compared with five years ago, the business has changed. More visitors are coming to Dublin, but they are paying less for the hotel rooms. • In the packet are some previews of results of an extensive project undertaken by the DCVB, similar to one done five years ago as part of the branding project. The project is designed to gauge consumers' perception of Dublin and how the perceptions have changed over the years. The detailed findings will be presented to key stakeholders, hotels, and restaurants in January, together with City Council and City staff. They surveyed visitors across the region four years ago and their number one description of Dublin was as a suburb of Columbus, Ohio. That perception has changed dramatically. In addition, key elements named in descriptions of Dublin were safety, and that Dublin is friendly and welcoming. RECORD OF PROCEEDINGS Minutes of Meeting Dublin City Council December 12, 2011 Page 2 • The DCVB Visitor and Information Center in Historic Dublin continues to be a great resource for visitors and travelers. To date in 2011, visitors signing the log have come from 29 countries and 44 states. The Board has allocated resources for renovation of this facility, and some renderings are included in the packet. The facility will be more interactive in terms of a touch screen station. The renovation will be completed by the time of the St. Patrick's Day parade in March. • He updated Council regarding the 2013 Presidents Cup that will be held at Muirfield Village Golf Club in Dublin. The official leisure package of the PGA Presidents Cup will be in the City of Dublin, which means that only Dublin hotels will be used for that package. Those packages translate to over $2 million of revenue. The other major commitment made to Dublin is the broadcast media for the event will be staying in Dublin hotels. Another goal with this event is to raise awareness of Dublin on the international stage, and the DCVB will continue to work with City staff to do so. The I -270 signage identifying Dublin as the host of the 2013 Presidents Cup is in place. He thanked the City for their ongoing support of this great event. • Lt. Steve Farmer and he attended the 2011 Presidents Cup in Melbourne, Australia in November with a contingent from Central Ohio, including representatives of Dublin, the Columbus Chamber, the Columbus Partnership, The Memorial Tournament, the Columbus Sports Commission and others. The goal was to gather information to prepare for 2013, and they met with representatives of the PGA, the host committee, planning committee, hotels, security force, and brought back information to help prepare for the Dublin 2013 event. Another goal was to ensure that Dublin was well represented — not only among the Central Ohio contingent — but also among the PGA officials in Melbourne, to assure them that Dublin is well prepared to welcome the event in 2013. • While in Melbourne, they filmed some videos to be shared in Dublin and Central Ohio. He encouraged everyone to review the videos on the Dublin web page. He commented that the event was much larger in scope than anticipated, with extensive news coverage and excitement in the Melbourne community. A very large international contingent came to the event, and this will have positive economic impact on the City of Dublin in 2013. Lt. Farmer commented that his mission in participating in the trip was tactical and focused on what to expect in 2013 in Dublin. The City has experience in supporting the Memorial Tournament, but this will be even more of an international event and will require some modifications to the operations and planning. He was able to meet with the Victoria Police Department and learned about their planning for this event, and talked with the Secret Service in Australia about preparation for such an event. The PGA is very confident in Dublin's ability to host this event, and was pleased that Dublin had a presence in Melbourne. This will be a great experience for Dublin, and they are looking forward to 2013. CITIZEN COMMENTS Wallace Maurer, 7451 Dublin Road. Dublin commented: 1. He recently spoke with former City Engineer Balbir Kindra who sends his greetings to everyone from his new home near Milwaukee. 2. Despite the positive comments made regarding his piano concert, he was deeply disappointed in his performance. He plans an extension of his concert in the future and will be working to prepare for it. The arrangements are pending. 3. In his last comments before Council, he remarked about the way the Irish overlay and cliched view of the Irish "runs thin" after a while. There is a marvelous amount of exciting and dramatic ethnic diversity in this city, and he believes it would be a good idea to have a start -up day or weekend in which all the ethnic groups — if interested — would come together for a weekend of presentations. From that, they could fan out into individual investigation and dramatic presentations of their background, such as take place in Dublin for those of Irish descent. Among the Irish themselves, the impact of the Irish overlay wears thin very quickly. When the Irish poet Eavan Boland returned to Ohio the following year after her appearance at RECORD OF PROCEEDINGS Minutes of Meeting Dublin City Council December 12, 2011 Page 3 the Dublin Irish Celebration, she bypassed Dublin and went straight to the University. 4. The Canadian city where he grew up has been named one of the 27 Smart Cities in the world. This has a stunning range of impact. He will continue these comments at his next visit. Jennifer Elliott, 5528 Dumfries Court E., Dublin stated that on December 5, there was a sewage back up into their home. This has been an ongoing problem, which last occurred in 2008. Upon further research, she has learned there were problems with this sewer line in 2005 and 2003, as reported by her neighbor, Rick Ross. Her family has been exposed to serious health risk, and has suffered a great deal of property loss — both in 2008 and on December 5. More rain is in the weather forecast at this time. She understands this sewer repair is a capital expense for the City and an Engineering issue, but her home now has no value for sale, as she would have to disclose that rain will cause infiltration and raw sewage in her basement. Until the City can redesign the sewer system and fix the sewer lines, she is requesting at a bare minimum that a backflow valve be installed at her home. Mayor Lecklider asked Ms. Grigsby to respond. Ms. Grigsby stated that as part of the rain event that occurred on December 5, staff is investigating various options that can be identified and implemented to address this issue. The backflow device has been discussed as an option. Staff is in the process of evaluating those types of issues and will make recommendations in the near future. Mr. Reiner asked if anyone has determined whether this is a main sewer line issue or a lateral sewer line issue. Ms. Grigsby responded that is under investigation. In response to some past events that occurred, the City did take action and implemented capital projects. Part of the reason the sewer relining projects are being done is to eliminate or greatly reduce the inflow and infiltration (I & I) into the sewer system, resulting in capacity issues. In addition, after the 2008 event, there was review of a manhole in the area and there were modifications made in an attempt to address the issue. Currently, staff is reviewing what other options are available to address this problem. Later on tonight's agenda, Council will consider a resolution authorizing additional sewer lining in the Muirfield area and in 2012, improvements will be made to the wet -well at the Deer Run site. Staff will review the Dumfries Court area again to determine what the issues with this particular line, which resulted in backups. Ms. Elliott stated that the sewer lining project for Dumfries Court took place in 2009, involving extensive construction in the yards, but this has apparently failed. She appreciates staff's re- evaluation, but just recently obtained a report from 2007 noting that there are capacity issues with the Deer Run valve. Ms. Grigsby responded that staff is investigating these issues and will bring additional information to Council, once the review and assessment is completed. Mrs. Boring asked if there is a timeline anticipated or is there someone who can stay in contact with Ms. Elliott to keep her apprised of the progress? Ms. Grigsby responded that this item will be on the follow -up list for information to be brought back to Council. There have been internal discussions about addressing the concerns, but she does not have a timeframe established at this point. Staff recognizes the importance of this issue and the concerns of the residents and will address this issue as quickly as possible. Mr. Keenan added that Ms. Elliott is not the only resident who has sent a -mails to Council about this matter. He has had a -mails from others as well. Ms. Elliott responded that she is aware that three residents on Dumfries Court have experienced these back -ups. They have lived in Dublin for seven years, and 2008 was their first back -up issue. Ms. Grigsby responded that staff will provide an update to Council at the next meeting, and if information is available prior to that time, it will be sent to Council. RECORD OF PROCEEDINGS Meeting Dublin City Council December 12, 2011 Page 4 Mayor Lecklider asked for clarification regarding the 2007 report Ms. Elliott has referenced. Ms. Elliott responded it is the infrastructure report from January 2007. Ms. Grigsby noted that she will need to check on this. She is not certain if this is a recap of work completed by the City at that point. Staff will follow up on this. Mayor Lecklider summarized that Ms. Elliott has described the report as concluding that this line was beyond its capacity. Can staff respond? Ms. Grigsby responded that there are issues that occur when the City experiences significant rain events. It relates to inflow and infiltration entering the sewer system. For this reason, relining has been done; and manhole modifications have been made. Staff anticipated these measures would correct the problem. However, additional review and analysis is needed to identify the problems now occurring, and whether modifications to the sewer line itself are needed. Mayor Lecklider noted that tonight's sewer lining agenda item does not affect the Dumfries Court area. Ms. Grigsby responded that is correct. It relates to a separate line. Mayor Lecklider asked whether staff will consider the installation of a backflow valve to address the immediate problem. Ms. Grigsby stated that this item has been suggested and discussed. She is aware that backflow devices have been used in other municipalities under some circumstances. In some cases, the individual resident has installed the device, and in some areas with back- up events, the municipality has evaluated options of providing such backflow devices. A determination has not yet been made for this situation, but further discussion will take place at staff level. Mr. Reiner noted that he is interested in learning whether the problems are caused by the main trunk or by the laterals to the homes. This is not yet known. Ms. Grigsby responded this is part of the issue. Although sewer relining work is underway by the City, there are also issues relating to the lateral service lines to the individual residents' homes. At some point in the future, a determination will be needed regarding how much I&I is the result of problems with the lateral lines. At this time, the City's focus has been on the main sewer lines. There are issues related to investigations of the lateral lines, as these repairs become a resident expense, similar to gas and electric service lines coming into homes. Mayor Lecklider echoed Mrs. Boring's question about the point of contact for Ms. Elliott with the City. Ms. Grigsby responded that at this point, Mr. McDaniel would be the contact point, and if Mr. McDaniel later determines that there is a better contact for Ms. Elliott at Engineering or Streets, he will make that determination. Ms. Elliott noted her request for the EPA report from 2008. It is her understanding that the City did not file the report with the EPA regarding the sewage back -up on their property in 2008. She learned this from Ms. Burness. Ms. Grigsby responded that, based on her discussion with Ms. Burness, there was an issue at that time with the pump station and that report was filed. She learned from staff that a report to the EPA regarding the back -up into the basements in 2008 was not done. Staff will evaluate the processes in place to ensure that the reports are properly filed in the future. Mayor Lecklider asked if it would be appropriate for Ms. Elliott to contact the City Manager's office in follow -up. Ms. Grigsby responded that is fine. Mayor Lecklider asked Ms. Elliott to share her contact information with the City Manager's assistant. Rio Hayashi, 5747 Morlich Square, Dublin noted that he is a member of the Muirfield Village Civic Action Committee. He requested that Council remove Resolution 64 -11 from the consent agenda for further discussion and consideration. The City is spending over $900,000 for the contract with the Law Director, and he does not understand why the City RECORD OF PROCEEDINGS Minutes of Dublin City Council December 12, 2011 Page 5 eennL does not hire three full -time attorneys who specialize in various areas to handle this legal work in house at likely half the cost. The other question regarding the contract is that the City is paying $10,000 per month for legal services related to the Mayor's Court. Why is Dublin not having these cases handled at the county level? He does not believe the Mayor's Court generates $10,000 of revenue per month to the City. He understands that this Resolution is proposed for the consent agenda, and Council would need to remove it for further discussion. Mayor Lecklider asked Ms. Grigsby to respond. Ms. Grigsby stated that she discussed this matter with Mr. Hayashi immediately prior to tonight's meeting. She explained that Council Members can request removal of items from the consent agenda for further discussion. She discussed briefly with Mr. Hayashi why the City has contracted with an outside firm versus having in -house counsel, and that the matter has been evaluated on numerous occasions from an efficiency and cost standpoint. The determination has been made previously, on many occasions, that there is more benefit to the City to have the contract currently in place versus having in -house counsel. With respect to Mayor's Court, there is activity not only during Mayor's Court sessions, but also throughout the week with arraignments, etc. The Law Director's office represents the City for cases that are sent to the county court, and there are a significant number heard at the county court. The contract for the Mayor's Court has been evaluated, and based upon the level of service received, staff believes the contract amount is appropriate and provides good service to the City. Mayor Lecklider added that the Dublin Mayor's Court is busy in comparison with others in the state. He asked Ms. Grigsby to comment. Ms. Grigsby stated that there are fewer cases in Dublin Mayor's Court than in previous years, but it is a busy court docket. Another reason for having the Mayor's Court in Dublin is providing the service to residents locally versus a downtown Columbus location — should they have to appear in court. It is a service that the City has provided for many years. Mayor Lecklider noted that a defendant has the option of having their case heard in Dublin Mayor's Court or the court in downtown Columbus. In past years, the City of Dublin delegated the responsibility for prosecuting those Dublin cases heard in Columbus to Columbus prosecutors. Part of the legal contract expense is to pay the City's legal counsel for their work in prosecuting Dublin Mayor's Court cases, which are heard at the downtown court. The City believes there is better representation for Dublin in such cases, as the prosecutor following the case in downtown Columbus is actually responsible to Dublin — not to Columbus. He is not certain what Mr. Hayashi's objective was tonight beyond registering his concerns with the contract. However, signing up to testify about this item being included on the consent agenda is effectively providing the input that he desired to give to Council. He assured Mr. Hayashi that the City administration and City Council closely analyze the law director's contract every time it is proposed for renewal. Although it is a large budget number, the City believes it is a good value in comparison to the scope of the City's budget and business conducted each year. Mrs. Boring affirmed the activity level of Dublin Mayor's Court and the time involved for the City's prosecutor in handling the caseload. Having a Mayor's Court in Dublin is a convenience for the citizens, and the Mayor and /or Magistrate is familiar with the community and therefore can share information with staff should issues need to be addressed in the community. The monthly fee for Mayor's Court legal work is a good value in terms of the actual hours involved in providing the service by the law firm. Mr. Keenan added that the City has investigated hiring in -house legal staff, but it would require employee benefits for them as well as their support staff. In view of the broad spectrum of issues the legal staff handles, it is not likely that three staff attorneys would have all of the expertise needed to address all of the issues. Council has had discussion of this contract many times over the years with the intent of doing what is best for the City. Vice Mayor Salay acknowledged Mr. Hayashi and his questions, which are the same questions Council has had over the years about legal services contracts. Different RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting December 12, 2011 Page 6 municipalities handle legal services in various ways, depending upon the maturity of the community in terms of growth and development. There may be a time in the future when in -house counsel may be the best option, but not at this time in Dublin. She thanked him for raising these issues. Mr. Hayashi stated that he is pleased to know that Council has considered all of these aspects of the legal services contract. CONSENT AGENDA Vice Mayor Salay requested that, given Mr. Hayashi's comments as well as the financial impact of the contract, Resolution 64-11 be removed from the consent agenda and considered under the regular portion of the meeting agenda. As a matter of principle, this seems more appropriate for the regular agenda versus the consent agenda. Mayor Lecklider moved approval of the action for the six remaining items as proposed on the consent agenda. Vice Mayor Salay seconded the motion. Vote on the motion: Mr. Reiner, yes; Mrs. Boring, yes; Mr. Gerber, yes; Mr. Keenan, yes; Mayor Lecklider, yes; Vice Mayor Salay, yes. 1. Approval of Minutes of November 28, 2011 Council meeting 2. Ordinance 71 -11 (Introduction/ First Reading) Adopting the Franklin County Board of Health Regulations for the Provision of Health Services. (Second reading /public hearing January 9, 2012 Council meeting) 3. Ordinance 72-11 (Introduction/ First reading) Accepting the Dedication of Reserve A, Waterford Village, Phase 4, from the Sheriffs Deed on Order of Sale, Said Property Located in the City of Dublin, County of Franklin, State of Ohio. (Second reading /public hearing January 9, 2012 Council meeting) 4. Resolution 63 -11 (Introduction /Vote) Requesting the Delaware, Franklin and Union County Auditors to Draw Money that May Be in the County Treasuries and to Issue a Draft to the Director of Finance of the City of Dublin for any Money that May Be in the Accounts for the City of Dublin. 5. Resolution 65 -11 (Introduction /Vote) Accepting the Lowest and Best Bid for the LED Street Light Retrofitting Project. 6. Resolution 66-11 (Introduction/Vote) Memorializing a Change in the Waterline Easement Area Acquired from Charles E. and Karen S. Richardson. SECOND READING /PUBLIC HEARING /VOTE - ORDINANCES Ordinance 60 -11 Adopting the Annual Operating Budget for the Fiscal Year Ending December 31, 2012, and Declaring an Emergency. Ms. Mumma stated that staff is requesting approval of Ordinance 60 -11 by emergency tonight. Budget workshops were held on November 16 and November 21, and the summary of issues and responses in follow -up to the workshops are attached to the documents in the packet. Any remaining outstanding issues will be addressed in upcoming Council meetings. Mayor Lecklider invited public testimony: Minutes of RECORD OF PROCEEDINGS Dublin City Council December 12, 2011 Page 7 Held 20 Wallace Maurer, 7451 Dublin Road asked about the reference in the staff memo to dog agility equipment. Mr. Reiner responded that the Dublin dog park is very popular, and this budget includes exercise equipment for the dogs that use the park. Other dog parks in the region have such equipment, and Dublin is adding this enhancement to its dog park. Mr. Reiner moved for passage by emergency. Mr. Gerber seconded the motion. Vote on the motion: Vice Mayor Salay, yes; Mayor Lecklider, yes; Mr. Gerber, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mr. Keenan, yes. Vote on the Ordinance: Mrs. Boring, yes; Vice Mayor Salay, yes; Mr. Reiner, yes; Mr. Gerber, yes; Mayor Lecklider, yes; Mr. Keenan, yes. Ordinance 65 -11 Petitioning the County Commissioners of Franklin County, Ohio for Annexation of Approximately 31.049 Acres of Land, Located on Houchard Road, to the City of Dublin. Mr. Hahn stated that this annexation will allow the City to provide City water to the southwestern portion of Darree Fields. This system is currently under design, and the conversion from well water to City water will take place next year. The sewer and water agreement with Columbus provides that the land must be annexed to the City of Dublin in order to provide water service. Mr. Keenan asked if this land is currently deeded to the City. Mr. Hahn responded affirmatively. Vote on the Ordinance: Mr. Keenan, yes; Mayor Lecklider, yes; Mr. Reiner, yes; Mr. Gerber, yes; Vice Mayor Salay, yes; Mrs. Boring, yes. Ordinance 66 -11 Adopting Certain Accounting and Financial Reporting Provisions, as Required by Governmental Accounting Standards Board Statement Number 54, and Declaring an Emergency. Mr. Sova stated that adoption of this ordinance is a housekeeping matter, and is mandated by GASB, the Governmental Accounting Standards Board. One item GASB specifically requires is that Council restricts revenues in the City's Special Revenue funds to be used for the purposes of those funds. This ordinance affirms the City's current practices regarding Special Revenue funds. Mr. Reiner asked when GASB issued this statement. Mr. Sova responded that it was issued in 2010, to be effective in 2011. Stafrs original intent was to bring this forward to Council as a resolution, but in October 2011, GASB issued a revised interpretation, stating that this provision must be codified. Therefore, staff is submitting this in ordinance form and is requesting adoption by emergency. Mr. Gerber moved for passage by emergency. Vice Mayor Salay seconded the motion. Vote on the motion: Mrs. Boring, yes; Mr. Reiner, yes; Mayor Lecklider, yes; Mr. Gerber, yes; Mr. Keenan, yes; Vice Mayor Salay, yes. Vote on the Ordinance: Mr. Gerber, yes; Vice Mayor Salay, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mayor Lecklider, yes; Mr. Keenan, yes. Ordinance 68 -11 Authorizing the City Manager to Execute Necessary Conveyance Documentation to Acquire a 17.692 Acre, More or Less, Fee Simple Interest from The Ohio State University, and Declaring an Emergency. Mr. McDaniel stated that he will address Ordinances 68 -11 and Ordinance 67 -11, as the two are related. As shown on the slide, the City of Dublin owns certain acreage in the subject area, and The Ohio State University owns land in the subject area as well. Staff has been in discussions with Nestle for several weeks regarding an expansion to their existing facility on Eiterman Road. Over the past five years, Nestle has grown its staff RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeti December 12, 2011 Page 8 nearly three -fold and desires to expand the facility to accommodate the growth. Staff has been working with Nestle to identify options, and the preferred option would be to expand onto land owned by OSU and potentially onto City-owned property. In 2011, the City adopted a revised area plan known as the Economic Advancement Zone. The roadway plan for the project shows Eiterman Road eventually being relocated to the west at the northern end of what is now the OSU property. Staff therefore recommends purchasing the OSU land and retaining the portion of the land north of the ditch, as shown on the slide, for the City's purposes. As provided in Ordinance 67 -11, the City would then sell this portion of the OSU property, once in Dublin's possession, to Nestle for their future expansion. Staff recommends passage of Ordinance 68 -11 by emergency. Mr. Keenan moved for emergency passage. Vice Mayor Salay seconded the motion. Vote on the motion: Vice Mayor Salay, yes; Mayor Lecklider, yes; Mrs. Boring, yes; Mr. Gerber, yes; Mr. Keenan, yes; Mr. Reiner, yes. Vote on the Ordinance: Mr. Keenan, yes; Mr. Gerber, yes; Mayor Lecklider, yes; Vice Mayor Salay, yes; Mr. Reiner, yes; Mrs. Boring, yes. Ordinance 69 -11 Authorizing the City Manager to Execute the Necessary Documents to Accept the Dedication of 0.311 Acres, More or Less, of Right -of -Way from Duke Realty Ohio. Mr. Hammersmith stated that this legislation relates to a .311 acre piece of right -of -way along Tuttle Road from Duke Realty. It is located at the northeast corner of Frantz and Tuttle Roads. It came about because of the sale of the property to Blackstone. They were asked to dedicate this right -of -way to the City, and the City is accepting this at no cost to the City. Staff recommends approval of the ordinance. Vote on the Ordinance: Mr. Keenan, yes; Mrs. Boring, yes; Mayor Lecklider, yes; Mr. Gerber, yes; Mr. Reiner, yes; Vice Mayor Salay, yes. Ordinance 70 -11 Rezoning Approximately 16.26 Acres Located on the South Side of Shier Rings Road at the Intersection with Baronscourt Way from PCD, Planned Commerce Development District to PUD, Planned Unit Development District. (Dublin Service Center) (Case 11- 058Z /PDP /FDP) Mr. Langworthy noted there is no additional information to report. Mayor Lecklider invited public testimony. Wallace Maurer, 7451 Dublin Road stated he is not familiar with the Dublin Service Center and asked for clarification. Ms. Grigsby responded that it is a City facility that houses work units including Streets & Utilities and Parks & Open Space. Mr. Maurer asked if the volleyball and basketball courts were provided for those who work at the facility. Ms. Grigsby responded that years ago, these items were identified as potential future development on that site. However, staff has now determined that parking will be constructed on the site. Vote on the Ordinance: Mrs. Boring, yes; Vice Mayor Salay, yes; Mr. Reiner, yes; Mr. Gerber, yes; Mr. Keenan, yes; Mayor Lecklider, yes. INTRODUCTION /FIRST READING — ORDINANCES Ordinance 67 -11 Authorizing the Provisions of Certain Incentives for the Purposes of Encouraging the Expansion of Nestle USA, Inc., dba Nestle Quality Assurance Center within the City of Dublin, Which Include Declaring Improvements to RECORD OF PROCEEDINGS Minutes of _ Meetina Dublin City Council December 1 Certain Real Property, Including Real Property to be Developed as a Nestle USA, Inc., dba Nestle Quality Assurance Center Facility, to be a Public Purpose, Describing the Public Infrastructure Improvements to be Made to Benefit Such Real Property, Requiring the Owners 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 and the Tolles Career & Technical Center in the Amount Each 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 Certain Real Estate Purchase and Conveyance Agreements and an Economic Development and Tax Increment Financing Agreement, All in Connection Therewith, and Declaring an Emergency. Vice Mayor Salay introduced the ordinance. Mr. McDaniel stated that this relates to the expansion of Nestle in Dublin, as discussed previously tonight. Mr. Keenan commented that he recently noted a Nestle sign in the backdrop of Shanghai, when watching "National Geographic." It struck him that this is a worldwide business and Dublin is fortunate to have them in Dublin and expanding. Mr. McDaniel responded that Nestle has been in this facility for 20 years, and it serves as a quality assurance center for North America and South America zones. Earlier this year, staff and some Council representatives attended an open house at their facility. Mr. Gerber commented that in Ordinance 68 -11, it appears that property is being purchased by the City from OSU for $100,500 per acre. Ordinance 67 -11, paragraph la, states that the City is now planning to sell this property to Nestle for $95,000 per acre. He asked Mr. McDaniel to provide details on this. Mr. McDaniel responded that there are three parties involved in this — OSU, the City of Dublin, and Nestle. OSU had three appraisals performed over three years, and the average value based on their appraisals was $111,000 per acre. The City had an appraisal done, and the City's appraisal was $90,000 per acre. OSU agreed that they would lower their price by 10 percent to $100,500 per acre, which the City believes is reasonable, based upon the land purchases done around the interchange area. Nestle had yet another valuation done and felt that the price at $100,500 was high. Through a negotiation process, the City agreed to sell Nestle that portion at $95,000 per acre as an economic development incentive. They have added jobs threefold over the past several years and have not requested any type of incentive from the City. Staff felt this was a reasonable price, based on the various appraisals and history of land purchases in this area. This investment was made to retain Nestle locally, even though Nestle has not discussed relocating outside of Dublin. Mr. Gerber stated that he understands this, but is aware that residents will ask why the City is paying this price for the land and selling it at a lower price. Mr. Keenan stated that he recalls there were some stream issues affecting this land. Mr. McDaniel responded that the floodway impacts more to the north side of the ditch, which the City plans to address on the property owned by the City on the north side of the ditch. There is a large mound of dirt near the 7003 Post Road building, and the City may use this dirt to raise the site, in accordance with a study underway at this time. Mr. Reiner noted that his calculations indicate there is a three -year payback for this incentive. Mr. McDaniel concurred. There will be a second reading /public hearing at the January 9, 2012 Council meeting. Mr. McDaniel noted that staff will be requesting passage by emergency at that time. Ordinance 73 -11 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meetine December 12, 2011 Page 10 Amending the Annual Appropriations for the Fiscal Year Ending December 31, 2011. Mr. Gerber introduced the ordinance. Ms. Mumma stated that this is a housekeeping measure to appropriate additional funds where necessary. In total, the additional appropriations total $5.5 million, with $2.2 million to the General Fund and the remainder distributed to various accounts, as outlined in the staff memo. Vice Mayor Salay asked for clarification regarding the Hirth/Wolpert /Dublin Road culvert referenced in Section 2. Where is this located? Ms. Mumma responded this project has been planned for some period of time, but the recent deterioration has accelerated the need to replace /repair it. This appropriation will allow design work to proceed for the project. Permissive tax funds will be used to offset these expenses. Any additional details regarding this culvert can be addressed by the City Engineer. Mr. Hammersmith stated that this is located south of Hertford Drive on Dublin Road, where a deep ravine on the east side runs to the river. Essentially, the downstream retaining wall is slipping, and there is a depression visible on the roadway as a result. This project is being advanced due to this situation. Vice Mayor Salay added that this is a timely project, in view of the bikepath for Dublin Road South soon to be implemented. Wallace Maurer, 7451 Dublin Road asked for the meaning of the language, "That there be unappropriated" as contained in Section 12. Ms. Mumma responded that when annual reports are submitted to Franklin County and the State of Ohio, this is done to ensure that the reports do not reflect the City over - appropriating monies for resources that were not received. Estimates are done for revenues each year, and expenses are estimated as well. This is a clean -up process done each year. Mr. Gerber moved to dispense with the public hearing. Vice Mayor Salay seconded the motion. Vote on the motion: Mr. Keenan, yes; Mayor Lecklider, yes; yes; Vice Mayor Salay, yes; Mr. Reiner, yes. Vote on the Ordinance: Mrs. Boring, yes; Vice Mayor Salay, Reiner, yes; Mayor Lecklider, yes; Mr. Gerber, yes. Ordinance 74 -11 Establishing Appropriations Based on the 2012 Operating Budget of the City of Dublin, State of Ohio, for the Fiscal Year Ending December 31, 2012. Mr. Gerber introduced the ordinance. Ms. Mumma stated that this ordinance appropriates funds for the 2012 operating budget. Details are outlined in the ordinance and memo. Mr. Gerber moved to dispense with the public hearing. Mr. Keenan seconded the motion. Vote on the motion: Mrs. Boring, yes; Vice Mayor Salay, yes; Mayor Lecklider, yes; Mr. Reiner, yes; Mr. Gerber, yes; Mr. Keenan, yes. Vote on the Ordinance: Mr. Reiner, yes; Mrs. Boring, yes; Vice Mayor Salay, yes; Mayor Lecklider, yes; Mr. Keenan, yes; Mr. Gerber, yes. INTRODUCTION /PUBLIC HEARING /VOTE — RESOLUTIONS Resolution 64 -11 Mr. Gerber, yes; Mrs. Boring, yes; Mr. Keenan, yes; Mr. Authorizing the City Manager to Enter into a Contract with the Law Director for the Provision of Legal Services. Vice Mayor Salay introduced the resolution. Minutes of RECORD OF PROCEEDINGS Dublin City Council December 12, 2011 Page 11 Ms. Grigsby stated that this contract is for a two -year term -- 2012 and 2013. Mrs. Boring added that, over the last two years, the City Manager's office has closely monitored the legal expenses and has effectively reduced them through the monthly fee for the services. This has helped to stay on track for the budget for these services. Mr. Gerber noted that the Finance Committee does review the budget for legal services each year in depth. Mayor Lecklider invited Mr. Smith to comment regarding the law firm's January 1, 2012 change. Mr. Smith stated that, as Council is aware, on January 1, the Schottenstein, Zox and Dunn law firm will be merging into Ice Miller. There is not currently a public law segment in the Ice Miller firm, and therefore the SZD public law group will provide these services going forward. All of the legal contracts currently managed by SZD will continue to be handled by Mr. Smith and the 16 lawyers in the public law group. The contract fees will remain the same after the merger. As Council Member Boring indicated, Ms. Grigsby meets with him every two weeks to discuss the management of special legal counsel for litigation, EPA work, etc. Vote on the Resolution: Mr. Gerber, yes; Mr. Reiner, yes; Vice Mayor Salay, yes; Mrs. Boring, yes; Mayor Lecklider, yes; Mr. Keenan, yes. Resolution 67 -11 Authorizing the City Manager to Execute a Lease Agreement with 7001 Post Road LLC for the Purpose of Continuing the Dublin Entrepreneurial Center (DEC) Operations. Mr. Gerber introduced the resolution. Mr. McDaniel stated that this legislation authorizes a lease agreement in order to extend operations at the DEC into 2012. In effect, the agreement combines two existing leases and will enable the DEC to function in the same manner and at the same cost going forward. He noted that, currently, 52 companies are located at the DEC. In 2010, the DEC hosted 242 programs, attracting nearly 3,000 attendees. They expect to exceed these numbers in 2011. A couple of companies incubated at the DEC have now moved to spaces in Dublin and are growing. The Green Integrator, initiated in 2010 now has ten start-up green companies, all doing well. In 2011, they launched a Dublin International Business Assistance Center and as a result, they have the first TiE (International Entrepreneur) Chapter in Ohio outside of Cleveland. They have had ten target events in total, with nearly 600 attendees and recently hosted a luncheon for consulate offices representing eight countries. The DEC has a total of over 60 collaborators, and the International Business Assistance Center alone already has 24 collaborators who donate time and effort in supporting various events at no cost. Staff recommends approval of Resolution 67 -11. Mrs. Boring stated that she has heard about the success of the DEC. Is there any program available for venture capital assistance? Mr. McDaniel responded that all of this relates to venture capital. TechColumbus, in partnership with Dublin, has a presence at the DEC, and the Small Business Development Council provides counseling at the DEC weekly. The DEC provides opportunities for networking, coaching, and access to capital through its training and networking events. Mrs. Boring stated that the east and west coast locations apparently have better access to venture capital, based on what she has heard. Mr. McDaniel responded that Central Ohio is doing extremely well with start-up businesses and has received global recognition. Venture capital funds are on the increase. The Third Frontier funding that voters approved for the state is trickling down to the local level. City Council has contributed $1.25 million to TechColumbus and, based on staffs tracking, has experienced a return on investment of over $16 million back to Dublin -based companies in the form of grants and follow on private investment, which speaks to the venture capital. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting December 12, 2011 Page 12 Mr. Gerber added that the Ohio TechAngel Fund and the recently adopted state legislation for the small business tax credit are both supporting start-ups. Mr. Keenan asked if this is the total space provided for the DEC program. Mr. McDaniel responded that there is also a third lease executed for this location. Because the programs at the DEC have become very popular, the first floor of the DEC is being leased to accommodate all of these programs. In effect, that provides the ability to add more companies. Vote on the Resolution: Vice Mayor Salay, yes; Mayor Lecklider, yes; Mr. Reiner, yes; Mr. Keenan, yes; Mr. Gerber, yes; Mrs. Boring, yes. Resolution 68 -11 Authorizing the City Manager to Execute a Lease Agreement with Metro Data Center LLC for the Purpose of Establishing the TechDEC and Extending the City's Optical Fiber System into 565 Metro Place South. Mr. Gerber introduced the resolution. Mr. McDaniel stated that this legislation authorizes a lease agreement not to exceed $25,000 for the purpose of leasing training and conference space at 565 Metro Place South. The ultimate goal of this lease is to establish what will be called the "TechDEC" — or Technology Dublin Entrepreneurial Center. As outlined in the memo, the TechDEC will be developed adjacent to a new data center being established by Metro Data Center LLC. Information technology companies desire immediate access to a data center and the ability to house servers, store data, and have access to interconnect points. Other communities, including New Albany and Westerville, are opening data centers for the same purpose. Staff explored the possibility of establishing a data center within or next to the existing DEC, but found it would be cost prohibitive. Staff learned that Metro Data Center LLC is taking over an existing high level data center currently at the facility, and has offered the City the opportunity to establish an entrepreneurial center component adjacent to that data center. This resolution will also authorize the City Manager to extend the City's fiber optic system (DubLink) into the data center at 565 Metro Place South. Extending this system will continue to enhance the value and diversity of the system. The Dublin system is currently in three other data centers, as shown on the slide, throughout Central Ohio. This is a capability not mirrored by other municipally -owned systems. The City is currently funding in the 2011 -2015 CIP an extension of the fiber optic system. Staff recommends using a portion of this funding to make this extension into the 565 Metro Center South building. Additionally, extending the City's fiber optics will set the conditions for moving the City's servers to this location, establishing a permanent presence for the Central Ohio Research Network (CORN), extending the reach of the Ohio Academic Research Network and access to the Ohio Supercomputer Center. Staff also believes these conditions will enable the City to establish at a later date an opportunity to multiplex its fiber optics as well as help support an expansion of the Entrepreneurial Center. Metro Data Center LLC will establish a local data center at this location, adding great value in supporting local companies — from small, medium to large -sized companies. This data center is unique in that it is a local resource of 7,000 square feet of data center space, built by a previous company that moved and no longer uses the center. It will be an N +1 environment and will provide a wide range of carrier neutral services. Niles Overly, Chairman /CEO of Metro Data Center. LLC is present tonight. With this project, the City's system will access yet another high quality data center at a low cost. This will meet the needs of the start-up IT companies to co- locate with that type of facility. Staff recommends approval of Resolution 68 -11. Mr. Keenan asked about the Post Road building that was the subject of the Resolution 67- 11. Did staff consider expanding in that area, given the fact that the other space might not be available for the long term? RECORD OF PROCEEDINGS Meeting Dublin City Council December 12, 2011 Page 13 Held 20 Mr. McDaniel responded that staff had long considered expanding the DEC into the 7001 Post Road building next door. However, there is a long -term tenant using three of four floors. There is not space for expansion in that location. Currently, there is a waiting list of 20 companies who cannot be accommodated at the DEC. The TechDEC will serve as a relief valve for the City. At the same time, Ohio University is looking at both the 7003 and 7001 Post Road buildings as their new medical college. He and Ms. Grigsby traveled to Athens two weeks ago and meet with OU officials. Based on that meeting, staff believes that the DEC will continue to operate at the current location well into next year. Vote on the Resolution: Mr. Reiner, yes; Mr. Keenan, yes; Mr. Gerber, yes; Mrs. Boring, yes; Mayor Lecklider, yes; Vice Mayor Salay, yes. Resolution 69 -11 Authorizing Settlement in the City of Dublin v. John L. Wirchanski Litigation, Case No. 2008 CV 0535 in the Union County Court of Common Pleas. Vice Mayor Salay introduced the resolution. Ms. Grigsby stated that this legislation authorizes settlement of the eminent domain lawsuit between the City of Dublin and the property owner, John L. Wirchanski. As Council is aware, the eminent domain process was implemented in October 2008 to acquire the right -of -way necessary to do the improvements at the interchange of State Route 33 /State Route 161 /Post Road. There were three separate properties involved in the taking and, based upon the City's appraisal, the City had posted $6,881,128 with the court. As Council is aware, the interchange project was programmed to be completed in three phases. The first two phases — Liggett Road relocation and the relocation of Industrial Parkway and improvements to SR 161— have been completed. The actual improvement to the interchange itself has been deferred indefinitely, based upon the changes in the economic conditions and some significant projects that are no longer planned to be implemented in the area. The memo in the packet provides information regarding some historical information over the past three years. The parties were scheduled to go to trial on December 5, 2011 to determine the just compensation due to the Wirchanskis for these three parcels. The City appraisals compared with the Wirchanski appraisals reflected a difference of $5 million. The trial was set to determine the just compensation for the parcels. Prior to extensive pretrial discovery, mediation hearings took place on September 20 of this year, and additional hearings and negotiations continued on October 12 and November 1 in an effort to come to agreement on the value of the properties. Based upon those three meetings and discussions, the City and the Wirchanskis have come to terms on the value of those parcels. As identified in the memo, there are five conditions of settlement. The first two relate to financial conditions, namely for the City to acquire all three parcels, the City will pay a total of $8,250,000, which is $1,368,000 in excess of the deposit originally posted with the court. In addition, the City would pay to the Wirchanskis the sum of $131,000 for legal fees associated with the abandonment proceedings that the City had undertaken in the last couple of years. As noted previously, the interchange project is not currently included in the City's 2012- 2016 CIP, but at some point in the future, the interchange will need to be improved. The settlement of the case will result in the acquisition of the right -of -way necessary to implement the future project, and will also eliminate the uncertainty of a trial and the related financial risk to the City. Staff therefore recommends approval of Resolution 69 -11. Mayor Lecklider commented that he was at the ODOT office today regarding another matter, and was asked about what was reported in the newspaper today with respect to title of the land to ODOT and Union County. Mr. Smith responded that for an ODOT project, the right -of -way must be held in the name of the state and county. This transfer will be done upon closing on the property. Ms. Grigsby added that because this will be ODOT's interchange, the right -of -way around the interchange will be transferred or dedicated to ODOT, and the piece in Union County will be transferred to Union County. RECORD OF PROCEEDINGS Minutes of Meet Dublin City Council December 12, 2011 Page 14 Mayor Lecklider further commented that upon reading the Dispatch article today, he noted a reference attributed to Mr. Wirchanski about his family's legacy with respect to this property. Personally, he finds it hard to believe that Mr. Wirchanski's ancestors envisioned big box retail on this property. While he will vote tonight in support of this resolution, it is in consideration that it represents a compromise to a legal dispute. This in no way lessens his resolve to oppose development of big box retail west of Hyland -Croy Road, and between Hyland -Croy Road and US 33. Mr. Keenan added that he will be hard - pressed to support any interchange activity in this location for a long time to come — especially if there is not participation from some of the neighboring jurisdictions. Those who have gained the most from this, and from property further east of this over many years is the Wirchanski family. He, too, will support this because of the legal resolution that has been agreed upon and the fact that it is in the City's best interests to do so. Vote on the Resolution: Mr. Gerber, yes; Mr. Reiner, yes; Vice Mayor Salay, yes; Mrs. Boring, yes; Mayor Lecklider, yes; Mr. Keenan, yes. Resolution 70 -11 Authorizing the City Manager to Enter into an Intergovernmental Agreement Between Delaware County and the City of Dublin for Provision of an Interim Assistant Director (Technical Consultant) for the 9 -1 -1 Center. Mr. Gerber introduced the resolution. Chief von Eckartsberg stated that this legislation provides for a temporary agreement between the City of Dublin and Delaware County for services provided to Delaware County by Technical Services Bureau Director Jay Somerville -- until such time that the county hires a permanent director for the Communications Center. This agreement provides for reimbursement to the City at an hourly rate for Mr. Somerville's services, and also allows the City to deny any request for services should the request interfere with Mr. Somerville's duties with the City. This agreement can be terminated at any time. Mr. Keenan stated that he has reviewed this agreement. Mr. Somerville is a consummate professional and an expert in these communication matters. He asked how this arrangement will benefit the City of Dublin. Chief von Eckartsberg responded that the City already participates in an agreement with Delaware County and the City of Worthington for the radio system. Anything that will benefit Delaware County, the City of Worthington or the City of Dublin with respect to the communications system or radio system is a plus for all of the parties. Mr. Keenan asked if the main radio system infrastructure is located in Delaware County. Chief von Eckartsberg responded that the main facility is actually located in the City of Delaware in Delaware county. Vote on the Resolution: Mayor Lecklider, yes; Mrs. Boring, yes; Mr. Gerber, yes; Mr. Reiner, yes; Mr. Keenan, yes. Resolution 71 -11 Authorizing the City Manager to Enter into a Cooperative Construction Agreement with the City of Columbus for the Improvement of Emerald Parkway between Tuttle Crossing Boulevard and Rings Road. Mr. Gerber introduced the resolution. Mr. Hammersmith stated that this legislation is the result of years of collaboration and cooperation between the Engineering and Legal staff of both Dublin and Columbus, working together since 2008 to improve Emerald Parkway between Rings Road and Tuttle Crossing. The project provides for the road widening to a four /five lane section, improving access and intersection control at both Lakehurst and Glendon Court. The project construction cost is estimated currently at $6 million. An Ohio Public Works Commission RECORD OF PROCEEDINGS Dublin City Council Meeting December 12, 2011 Page 15 Held 20 grant allocation of $4.4 million has been secured; this represents about 56 percent of the total project cost of $7.8 million. In February 2010, Council approved a cooperative design and right -of -way acquisition agreement for this project. This is the next step in executing the improvement of this portion of Emerald Parkway. Mr. Reiner commented that he is pleased that the City of Columbus is participating at this level for the remainder of the funding needed for the project. This has been a long process. Ms. Grigsby added that this results from a partnership with the City of Columbus. It is a complicated project, which will affect the existing businesses and traffic in the area. It is important to note that the City of Dublin's funding for this project and Dublin's share of the cost will come from a tax increment financing fund that was established many years ago, identifying the improvement of Emerald Parkway to Tuttle Crossing. When staff returns to Council sometime next year with some modifications related to right -of -way acquisition, staff will also touch on that again as a way to collaborate with Columbus. Dublin will pay somewhat more for this project, and Columbus will somewhat more for the Sawmill /Hard project when that occurs. It has been a good working relationship and there has been resolution, allowing these projects to move forward. Mayor Lecklider asked who will be responsible for snow clearing and treatment of this portion of Emerald Parkway. Mr. Hammersmith responded that these services will continue to be provided as they are today — with each jurisdiction providing services in their portion of the roadway. The corporate boundary runs across Emerald Parkway near the Duke properties between Glendon and Lakehurst. Dublin plows only what is in the corporate limits of Dublin. He added that there has not been discussion of this matter long -term, and there is an opportunity for Dublin to agree to be responsible for the entire length of Emerald Parkway, trading off another portion in Dublin that would be more convenient to have Columbus plow and treat. Mr. Keenan asked the Law Director whether he should abstain, given his position on the Ohio Public Works Commission. Mr. Smith responded that he does not believe this constitutes a conflict, as the funding for the project predates Mr. Keenan's service on the OPWC. Vote on the Resolution: Mr. Keenan, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr. Gerber, yes; Vice Mayor Salay, yes; Mayor Lecklider, yes. Resolution 72 -11 Waiving Competitive Bidding for the Installation of Cured in Place Pipe in the Sanitary Sewer System on the Muirfield Village Golf Course and Authorizing the City Manager to Enter into a Contract with Reynolds Inliner, LLC for the Purpose of Completing the Project. Mr. Gerber introduced the resolution. Mr. Hammersmith stated that he is presenting this on behalf of staff from Streets & Utilities, Engineering and Legal. He noted that Rod Davisson of Schottenstein, Zox and Dunn is present as well to respond to questions. Over the past six years, the City has aggressively worked to maintain, repair and upgrade the sanitary sewer system — particularly through lining sanitary sewer systems throughout the City. The emphasis has been in the northern portion of the community, including the Muirfield area, where the sewers are older and evaluations have revealed several sections of pipe that experience excessive inflow and infiltration (I & I). The lining process is an effort to reduce that and minimize I & I into sanitary sewers. This project involves only the main line of the sewer and does not incorporate repairs for the laterals -- the connections from the main line to the residences. In 2012, the emphasis will be on two areas in Muirfield. One will be along, through and near the Muirfield Village golf course and involves both 15 and 18 -inch pipe. In working with those associated with the golf course, it was determined that this RECORD OF PROCEEDINGS Minutes of Dublin City Council Meetine December 12, 2011 Page 16 Held 20 effort was not conducive to a design /bid /build process. Instead, the City should reach out to those contractors that the City has had good experience with previously in this work, and who would work collaboratively with the City, minimizing disruption to the golf course and minimizing damage and any related need for repairs. In addition, the work must be executed within a short timeframe so that the Tournament is not impacted. Therefore, the beginning of 2012 is the optimal time to execute the project — prior to both the 2012 Tournament and well in advance of the Presidents Cup in 2013. Given the condition of the sewers, staff believes this work cannot be deferred until after the Presidents Cup. Staff has evaluated the proposal and is recommending that competitive bidding be waived for this project. A revised resolution is on the dais tonight, specifying the contractor for the project and the contract amount. Mr. Reiner asked if staff will select the contractor. Mr. Davisson stated that the contractor selected for this work is Reynolds Inliner. They have worked with the City on several previous projects. In contracting on behalf of the City, the goal is to control risk. In this project, the limited access points and the amount of loading the project can withstand drove up the risk significantly due to these unknowns. Therefore, by waiving the bidding, the contractor can be brought in at an early stage, and planning can take place with the contractor about how to address the project to obtain the best pricing and result for the City. Mr. Hammersmith distributed a map that staff had prepared today for distribution to Council. Mr. Keenan stated that in viewing the map, the project seems to follow the stream bed that runs through the golf course. This indicates significant potential for I & I entering the sewer system. Mr. Hammersmith responded that a common practice, still used today, is to run sanitary sewers in the low -lying areas. Typically, those are the same areas that drain the property and include streams and creeks. To minimize excavation, sanitary sewers have typically followed those water courses. The red line on the map indicates Phase One of the project. Phase Two is shown in blue, and it does not involve the Championship course. Mr. Reiner asked if the pipes are settling in low spots and separating through normal wear. Mr. Hammersmith responded that most of this includes vitrified clay pipe, which experiences leaks in joints and cracking of the pipes. When that occurs, storm water enters into the line. Typically, joints and cracks in the pipe cause the I & I. Mr. Keenan commented that he has noticed in his own neighborhood that as development occurs upstream, there is much more runoff and drainage in general that flows into the tributaries. Many factors are likely involved in this I & I issue. Mr. Hammersmith responded that sanitary sewer systems, however, are intended to be watertight. Mr. Keenan stated that, nonetheless, the streams in the Muirfield course area carry much more volume than 25 years ago. Mr. Hammersmith noted that what impacts sanitary sewers more than anything are the groundwater conditions — such as the saturated soils being experienced in the past two weeks. Unfortunately, high groundwater levels mean that water infiltrates the sanitary sewers. Mrs. Boring stated that in the early 90s, it was discovered that there was a major I & I problem in the Muirfield area. Why was this not addressed years ago when first identified? Mr. Hammersmith stated that, over time, sewers always deteriorate as a result of carrying volumes of sewage. The repairs done years ago were done well, and lasted a period of time, but have a finite "shelf life." The repairs were dependent upon the technology available at that time. Much of what was done years ago was fixing the joints themselves — and these were not 50 -year repairs. What is available today is the cured in place liners that are much better than the previous system and have a much longer service life. There RECORD OF PROCEEDINGS Minutes of Dublin City Council December 12, 2011 Mr. Hammersmith responded affirmatively, noting that the emphasis over the past five to six years has been on the EPA Director's Findings and Orders. This involves scheduled cleaning and inspection of the entire Dublin system over a seven -year period, noting repairs that need to be made, and carrying out those repairs. Tonight's project is the result of that evaluation and identification of segments that need to be addressed. Mrs. Boring stated that she is concerned with the public comment made tonight regarding Dumfries Court. Based on the residents' comments, it appears the City has not addressed the maintenance in that particular area for several years. Mr. Hammersmith stated that, over time, the City has been more proactive than reactive. That is the reason the cleaning and inspection of the lines is done regularly. However, problems sometimes have to present themselves before they can be addressed. Ms. Grigsby added that for many years, the City was in a growth and development mode, but now is converting to a maintenance mode. In the mid 90s, many repairs were done to the manholes to address I & I in the system. The City was required to remove two gallons of I & I for every gallon of additional flow for the system. Over the last seven to eight years, the City has initiated the relining of the sanitary lines, and significant funds have been invested to address this issue. The City will need to continue this maintenance throughout future years. Mrs. Boring commented that there are a number of maintenance programs in the City for streets, bikepaths, etc. Will there be a regular schedule of maintenance for the aging sewer system? Meeting Page 17 is a progressive period of deterioration of these systems over time, and that is the current situation the City faces. Vice Mayor Salay stated that her understanding of the Dumfries Court situation is that the City is still trying to determine if the problems are in the City's main lines or in the laterals. Mr. Hammersmith responded that additional testing is needed to make a determination of where the leaks are occurring. The City has been diligent in pursuing main line sewer repairs. The next area of focus is the laterals connecting to the homes, which were installed at the same time as the main lines. The laterals will need the same level of attention, as many are made of a similar clay material. Mr. Hammersmith stated that a revised resolution has been distributed to Council this evening, identifying the contractor's estimate for the project and funding in an amount not to exceed $500,000. Mr. Davisson added that the resolution specifies the contractor name, Reynolds Inliner LLC. Reynolds has lined a large amount of sewer pipe around the golf course. The remaining area to be relined is the golf course itself. He added that the line delineated in blue on the slide reflects a separate portion that will be bid under the normal process in early 2012. The request to waive bidding requirements relates to the sewer line delineated in red on the slide and maps. Mr. Hammersmith stated that there has been great collaboration with the golf course officials, and the Superintendent in particular, who has provided guidance in terms of their expectations and how to navigate the course. He noted that the increase in the contract amount was the result of some additional quantity of sewer to be relined; there is a total of 9,000 feet of sewer line in this segment. The other portion of additional cost is for specialized equipment that is necessary to avoid damage to the course and minimize disruption. Mr. Hammersmith responded that the current estimate, based on testing, for the heat activated resin material is 40 -50 years. Once cured, the material is very strong and durable. Staff recommends approval of this resolution so that work can commence in January 2012 and be completed prior to the Memorial Tournament. Mr. Reiner asked about the projected life of the relining, given the improved technology available. Vote on the Resolution: Mrs. Boring, yes; Mr. Gerber, yes; Mr. Keenan, yes; Vice Mayor Salay, yes; Mr. Reiner, yes; Mayor Lecklider, yes. 7=role] : 7 axe] a,:loin] = 1 21 a] L [e Minutes of Dublin City Council Meetine December 12, 2011 Page 18 STAFF COMMENTS Ms. Grigsby reported: 1. A memo on the dais indicates the dates during the holiday period when she will be out of the office. Ms. Crandall will serve as Acting Manager during that period of time. 2. A memo was distributed to Council tonight regarding the Planning & Zoning Commission discussion on Thursday about the Bridge Street Corridor Code review currently underway. Based upon the current status, PZC estimates completing their review by the end of January 2012. Council would then have a first reading of the Code at their February 13 meeting, with the second reading on February 27. 3. An update on the shared services inventory was included in the packet. Information on the regional shared services efforts was also provided. Throughout the past year, meetings of Central Ohio Mayors and Managers have taken place. The focus has been on potential shared services and partnering with other jurisdictions, as well as discussion of economic development /economic growth and moving of jobs from one community to another within the region. The Mayors and Managers will meet on Wednesday to review draft letters of intent addressing both shared services and economic development growth issues. These letters of intent are to establish a framework for the issues that everyone agrees to focus on. The hope is that the details will be worked out among the group, with the goal of having legislation for all of the City Councils early in 2012 for review and discussion. 4. All of the crosswalks in the Historic District have been activated and functioning for the past week. COUNCIL COMMITTEE REPORTS /COUNCIL ROUNDTABLE Finance Committee - City of Dublin 2010 Audit Report Mr. Gerber, Finance Chair, noted that a copy of the 2010 Audit Report was provided in the Council packet. This report was previously distributed and reviewed by Council. He moved acceptance of the 2010 Audit Report. Vice Mayor Salay seconded the motion. Vote on the motion: Mrs. Boring, yes; Mr. Gerber, yes; Mr. Keenan, yes; Vice Mayor Salay, yes; Mayor Lecklider, yes; Mr. Reiner, yes. Mr. Reiner 1. Noted that he is pleased that American Electric Power (AEP) has committed to return to complete the power repairs needed in the Muirfield area. 2. Two people conveyed to him that they read in a national Polish magazine about the naming of the Dublin park after Thaddeus Kosciuszko. They commented that it was wonderful that the City would name the park after such a great patriot. He asked them to track down the article to learn who from the City was contacted and he learned that City employee Alex Rozanski submitted the article. Congratulations for achieving this national media coverage! 3. Wished everyone a very Merry Christmas! Mrs. Boring: 1. Commented that she is hopeful that AEP can avoid any service interruptions resulting from repairs of the system being undertaken during the holiday season. 2. Noted that Parks and Recreation Advisory Commission and Community Services Advisory Commission 2012 Items of Interest lists were submitted in the packet. The only item she suggests be eliminated from the PRAC list is the one related to bikepath tunnels as Council's interest in building such tunnels has waned, based upon their cost and low use. The City has already completed an extensive study of tunnels, and assigned priorities to them. Therefore, the previous staff report could be used as a reference and updated by staff, if necessary. She does not believe there is justification to refer these Items of Interest to a Council committee for review. She advocates acceptance of both the CSAC and PRAC lists, with the exception of the bikepath tunnel item. Mr. Keenan agreed with elimination of the bikepath tunnel item, based on the costs of such tunnels and their limited use. RECORD OF PROCEEDINGS Dublin City Council Meetine December 12, 2011 Page 19 It was the consensus of Council that PRAC proceed with their proposed items of interest for 2012, with the exception of the item related to bike path tunnels. It was the consensus of Council that CSAC proceed with their proposed items of interest for 2012 3. Wished everyone a Merry Christmas! Mr. Keenan: 1. Noted his support for the honeysuckle removal efforts by neighborhoods with the support of staff. The key for this is education and sharing information with neighborhood groups about the potential for such a program. There is a segment on the current episode of °It's Happening in Dublin" regarding the Coventry Woods neighborhood honeysuckle removal project, done in conjunction with City staff. 2. Merry Christmas to everyone and Happy New Year! Mr. Gerber: 1. Commented that he appreciates the update regarding the status of the Bridge Street Corridor Code review by PZC and the timeframe for Council review. 2. Wished everyone a Merry Christmas and Happy New Year! Mr. Reiner wished Council Member Gerber a belated Happy Birthday! Vice Mayor Salav: 1. Commented that she is aware that some Council Members tried to contact her over the weekend, but her mobile phone was inoperable and phone numbers stored in it were not accessible. She apologized for not returning such calls, but it is now repaired. 2. Noted that she has some ideas regarding the goal setting retreat that she would like to discuss individually with Council Members when there is an opportunity to do SO. 3. Wished everyone a Merry Christmas, Happy New Year, and happy holidays! Mayor Lecklider: 1. Commented that the City Christmas tree lighting was a wonderful event and seems to improve each year. Those who were able to attend found it most enjoyable! 2. Thanked Ms. Gibson and staff for providing Council with the summary of talking points regarding the centralized collection of municipal income tax. In reviewing the information, he has great concern with this proposed legislation currently under consideration by the state legislature. Ms. Grigsby responded that staff concurs that this is a critical issue, which will affect cities. Ms. Gibson and the Tax Administrators group have been working diligently with legislators, and Council Members have had discussions about this issue with state legislators as well. Staff is willing to accompany Council Members to any discussions with state legislators, in view of the importance of this issue. Mr. Gerber noted that he concurs, and added that he has reached out to the state representatives and state senators and expressed the City's collective concerns about this matter. Mayor Lecklider stated that he is also willing to join anyone in visiting the state representatives and senators regarding the City's concern and interest in this matter. Mrs. Boring commented that she, too, appreciates the update regarding the Bridge Street Corridor Code. She thanked the Planning & Zoning Commission for devoting their time to this process, which involved extra meetings. She acknowledged staff for their support as well. Mayor Lecklider thanked everyone for their support and thanked staff for their hard work during the past year. He noted that he appreciates the opportunity to have served as Mayor for the past two years. He thanked staff for providing the support needed for all of the various events and activities throughout the year. He thanked Council for allowing him RECORD OF PROCEEDINGS Minutes of Dublin City Council Meetin« December 12, 2011 Page 20 this privilege, noting he appreciates their support and confidence. He concluded by wishing everyone a happy holiday and a Merry Christmas! ADJOURNMENT The meeting was adjourned at 9:15 p.m. Mayor — Pr s! ing Officer i Clerk of Council