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HomeMy WebLinkAbout04/21/2003 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 April 21 , 2003 Held 20 Mayor McCash called the Dublin City Council meeting of Monday, April 21 to order at 7:00 p.m. in Council Chambers at the Dublin Municipal Building. Mrs. Boring led the Pledge of Allegiance. Roll Call Council members present were: Mayor McCash, Vice Mayor Boring, Ms. Chinnici- Zuercher, Mr. Kranstuber, Mr. Lecklider, and Ms. Salay. Mr. Reiner was absent (excused). Staff members present were: Ms. Brautigaum, Ms. Grigsby, Mr. Smith, Mr. Ciarochi, Chief Epperson, Mr. Harding, Mr. Hammersmith, Mr. Stevens, Ms. Heal, Ms. Crandall, Mr. Edwards, Mr. Hahn, and Ms. Hoyle. Approval of Minutes of April?, 2003 Regular Meeting The Clerk reported that the minutes are not completed at this time. Approval of the minutes was postponed until the May 5 Council meeting. Correspondence The Clerk reported that no correspondence requiring action was sent to Council. SPECIAL RECOGNITION/PROCLAMA TIONS . Renaming of Portion of SR 161 to "Dave Thomas Boulevard" Present were State Rep. Larry Wolpert, State Rep. Jim Hughes, and Denny Lynch, Sr. Vice President of Communications, Wendy's International; and family members Ken Thomas, Molly Thomas, Lori Sites, and Sean Thomas. Rep. Hughes read a proclamation from the Ohio House of Representatives, recognizing the Dave Thomas family as the City of Dublin renames a portion of S.R. 161 as "Dave Thomas Boulevard." He noted the outstanding record of personal and professional achievement of Dave Thomas that has had a positive impact on the community. Rep. Wolpert noted that he is a lifelong resident of the Dublin area and had occasion to meet with Mr. Thomas several years ago. He has done great things for Dublin and for Central Ohio. Mayor McCash read a proclamation from the City of Dublin honoring Dave Thomas by changing the name of a portion of S.R. 161 to "Dave Thomas Boulevard." Ken Thomas, speaking on behalf of his mother and his four sisters, thanked the City of Dublin for this great honor. . Update from Representatives of Dublin Arts Council Chris Curry. City Council representative to DAC and Christy Rosenthal. Executive Director of DAC addressed Council. Mr. Curry noted that the Board has continued to develop and grow - they have added five board members, including Melanie Hitsman, Marsha Bennett, Dr. Jim Stoycheff, Jeffrey Gerberry and Rick Schweitermann. In terms of staff, spirits are good. For operations, classes are operating at near-capacity level. From a financial standpoint, as many non- profits, the Dublin Arts Council is struggling in the current economy but staff is doing a great job of maintaining overall cost reduction efforts. The Board has focused on fundraising and membership drives, special events and facility rentals. He asked Ms. Rosenthal to provide more details. Ms. Rosenthal thanked Council for the opportunities that the Center has provided to the community. They have had twice the number of classes and participants over last year, and have utilized their facilities for a variety of programs. In addition, DAC recently sponsored a class in Japanese wood block printing which attracted people from across the country who gave high praise to Dublin. In today's Columbus Dispatch, an article details the impacts the Center has had on the Dublin community. From January through March, 7,175 have participated in DAC programming, representing a huge increase over last year. From Dublin Schools, 911 students and 45 teachers participated in an arts education learning experience focusing on the Art in Public Places projects. The Celebration of Japan Festival was very successful and included a new element of Japanese speech competition. Many other education programs for students are continually offered. Classes and day camps are going strong, and one-day workshops are offered for children as well. She thanked Council for providing the facility that enables them to provide arts resources for the community. Mr. Lecklider asked about the exterior work underway at the building. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 April 21,2003 Page 2 Held 20 Mr. Hahn responded that the work includes gutters, a new well and some work on the sanitary system. Mr. Lecklider commented that the paved lot is a great enhancement for the Center. Ms. Rosenthal thanked City staff for their quick response to recent well issues. Ms. Chinnici-Zuercher noted that she has heard positive feedback regarding the many programs offered by the DAC. It is wonderful that Dublin has the ability to offer the community this amenity. She would like to know if the Board or staff has a long-range plan for rental of the facility to defray some of the operational costs? Ms. Rosenthal stated that it is a careful balancing of the mission of the Arts Center to facilitate the arts, but there have been rental opportunities for wedding receptions, corporate meetings and retreats. There have been some challenges related to the grounds and parking, and they are careful about hosting activities which will disturb the neighbors. They are balancing the need for income to the DAC with keeping the building maintained and the neighbors happy. . Proclamation for National Volunteer Week Mayor McCash read a proclamation in recognition of National Volunteer Week, April 27 through May 3 and presented it to Ms. Brautigam, asking her to deliver this to Ms. Nardecchia. OTHER . Fee Waiver for Use of City's Showmobile - Ruth Reiss, Franklin County Bicentennial Association Ms. Brautigam stated that Ruth Reiss is requesting a fee waiver on behalf of the Franklin County Bicentennial Association. There is a $750 fee per day for use of the Showmobile, and the City Manager can waive one day of fees. Ms. Reiss indicated their group is willing to pay for the set-up and transportation, but is requesting a waiver of the fees for the five-day rental. Ms. Reiss noted that she has forwarded a letter to Council regarding this fee waiver request for use of the Showmobile at the Franklin County Fairgrounds in Hilliard. She provided brief background of the non-profit Bicentennial Association and details of the various events scheduled for the celebration. This organization is independent of Franklin County - their operations are funded by sponsor donations. In addition, Franklin County has donated $10,000 to this effort. Ms. Chinnici-Zuercher asked if the City has a policy in place regarding criteria for which waivers are granted and for what purposes. Ms. Brautigam responded that there is no policy in place. The Manager can waive up to $750 in fees for use of the Showmobile for good cause. Beyond that, only Council can grant such a fee waiver. Mrs. Boring stated that this is an opportunity for Dublin to demonstrate its support of the celebration in Franklin County, to cooperate with other entities in the area, and to be showcased as a sponsor on the website and at the event. Mrs. Boring moved to waive the five-day fee for use of the Showmobile as requested in exchange for being showcased as an event sponsor. Ms. Salay seconded the motion. Vote on the motion: Mr. Kranstuber, yes; Ms. Salay, yes; Mr. Lecklider, yes; Mayor McCash, yes; Mrs. Boring, yes; Ms. Chinnici-Zuercher, yes. (At this point, Mr. Kranstuber left the meeting due to a family commitment.) . HeartSave Awareness Program - Chief Woo, Washington Township Fire Department Chief Woo, Washington Township Fire Department noted that a new initiative would be introduced on May 19, which is also EMS Week. Historically, the school and township has partnered on providing CPR training for the schools; the City has taken the initiative to provide AED's in City facilities. On May 19, a HeartSave Program will be introduced in Dublin. The township is requesting continued commitment from the City - in the form of staff representation to the meetings and continued commitment to providing AED's in City facilities. The township has applied for $60,000 in FEMA grants to purchase equipment and train the community in early access defibrillation. $50,000 was spent for 20 AED units to be placed in City and township facilities and $10,000 will be spent for training. The township is committed to the program and is investigating the hiring of a coordinator to assist with the program. This will be a great program for the entire community. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 April 21,2003 Page 3 Held 20 Mr. Lecklider asked if the City has personnel who are trained in the use of AED's on duty at all times in facilities such as the Municipal Pool and Rec Center. Ms. Brautigam responded that this is correct. Chief Woo noted that all CPR training incorporates the use of AED's. Studies have shown that early access defibrillation is the standard of care now, and so many police officers and Parks & Recreation staff are trained in CPR/AED's. Once the City, schools and township staff are fully on board, the township would like to expand this program into the private sector. Ms. Chinnici-Zuercher recommended that the City lend continued support in terms of staff representation for this program. . Fee Waiver for DCRC for After Prom - Dublin Scioto High School PTO Ms. Chinnici-Zuercher moved to approve the fee waiver. Mrs. Boring seconded the motion. Vote on the motion: Mrs. Boring, yes; Ms. Salay, yes; Ms. Chinnici-Zuercher, yes; Mr. Lecklider, yes; Mayor McCash, yes. CITIZEN COMMENTS Michael Stovsky, 4837 Carriqan Ridqe Drive, Dublin noted that he previously served on PRAC, and also served as Chair and Vice Chair. He is present to request that Council direct PRAC to investigate an issue that was originally brought up by Mr. Reiner. Mr. Reiner had forwarded an information packet regarding "bark parks" but PRAC did not receive direction from Council regarding the packet. PRAC therefore reviewed the packet, but took no action. Recently, he visited such a facility in Cape Coral, Florida and was very impressed. Nationally, 31 percent of households own a dog. In Franklin County, 90,000 dog licenses were issued, and the Dublin average for dog ownership is likely much higher. A bark park is a fenced-in area where dogs can be contained, where drinking facilities are provided, and where dogs can run free. There are a few dog parks in Central Ohio, but none are open to the public at large. He has spoken with several neighbors who expressed enthusiasm about having such a facility in Dublin. There are rules established for such parks, including minimum ages of children visiting the park, immunizations required, etc. The site in Florida of the facility he visited was approximately two acres- part of it is set aside for large dogs, and part for small dogs. He presented this concept to PRAC last week, but would like to obtain specific direction from City Council to PRAC to research and report about the requirements, benefits and issues associated with the creation of such a park. Such a park is an unattended facility, and therefore the liability is reduced significantly, similar to the skate park. Primary costs associated with the facility are for fencing and drinking facilities. Following brief discussion, Mrs. Boring moved to direct PRAC to investigate and research this concept. Ms. Chinnici-Zuercher seconded the motion, adding that she would request that they research other communities which have these parks to learn whether the parks are operated exclusively by government or also by non-profits or other for-profit entities. Vote on the motion: Ms. Salay, yes; Mr. Lecklider, yes; Mayor McCash, yes; Mrs. Boring, yes; Ms. Chinnici-Zuercher, yes. Wallace Maurer, 7451 Dublin Road stated that for the past 10 months, he has researched the causes for the firing of Balbir Kindra. Mr. Harding provided documentation from Mr. Kindra's personnel file, consisting of notes from a brainstorming session regarding reasons and justification of the firing of Mr. Kindra. Phrases included are: "deliberate defiance" - he assumes this described conduct at the May 20 Council meeting; "management style/philosophy" - which he questions as being substantive; "best interests of the organization" - there is a distinct difference between the interests of the organization and that of the City. Other phrases include, "ego/arrogance, disrespectful, inappropriate conduct, insubordination/deliberate refusal in public." Some documents were worked on in what was referred to as the "settlement." In his opinion, the settlement was premature. Within the materials is a statement that the, "real issue is his insubordinate attitude, as demonstrated on the evening of May 20 during a Council meeting." File notes that Mr. Kindra gave no indication to Mr. Ciarochi of what he was going to do, even though the department holds regular leadership meetings, and that Mr. Kindra's actions were inappropriate and insubordinate. In his next Council appearance, he will provide an eight-point variegated argument pulverizing the arguments made for firing Mr. Kindra. If anything has been left out, he asked that Council tell him tonight. Hearing nothing, he assumes these are the bulk of the reasons given for the firing. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 April 21, 2003 Page 4 Held 20 LEGISLATION POSTPONED RESOLUTION Resolution 18-03 (Amended) Intent to Appropriate a 0.041 Acre, More or Less, Fee Simple Interest for Additional Right-of-Way, a 0.462 Acre, More or Less, Fee Simple Interest for Existing Right-of-Way, and a 0.186 Acre, More or Less, Temporary Construction Easement, From Lisa M. Johnson and Carolyn M. Quinn, Located South of Rings Road and West of Wilcox Road, City of Dublin, County of Franklin, State of Ohio. (Southwest Calming - Phase 4) Ms. Brautigam stated that Ms. Quinn has met with the Law Director regarding her questions about the legislation. Mr. Smith stated that there are three separate takings involved in this action, and staff has met with Ms. Quinn to clarify the legislation. The appraisers have also been on site. Settlement discussions are now taking place. Vote on the Resolution: Ms. Chinnici-Zuercher, yes; Ms. Salay, yes; Mayor McCash, yes; Mr. Lecklider, yes; Mrs. Boring, yes. SECOND READING/PUBLIC HEARING - ORDINANCES Ordinance 41-03 (Amended) Accepting the Lowest/Best Bid for the Woerner -Temple Community Pool Project, and Declaring an Emergency. Ms. Brautigam stated that a substitute ordinance has been distributed tonight. The only change is to Section One to include language regarding the Bid Alternate 1. Staff is recommended passage of the substitute ordinance as emergency. Ms. Chinnici-Zuercher moved for emergency passage. Ms. Salay seconded the motion. Vote on the motion: Ms. Chinnici-Zuercher, yes; Mrs. Boring, yes; Mr. Lecklider, yes; Ms. Salay, yes; Mayor McCash, yes. Vote on the Ordinance: Mayor McCash, yes; Ms. Salay, yes; Mr. Lecklider, yes; Mrs. Boring, yes; Ms. Chinnici-Zuercher, yes. Ordinance 42-03 Amending the Organizational Structure of the City of Dublin and Adopting a New City of Dublin Organizational Chart. Ms. Brautigam reported that there is no further information on this item. The organizational chart is being revised, and the major changes include moving Economic Development to Finance; adding an Assistant Director of Streets & Utilities; moving Procurement to Finance; changing the position of Management Assistant to Assistant City Manager; and assigning several positions to that person. Wallace Maurer. 7451 Dublin Road noted that he reviews the Council packet prior to each meeting, but became aware of this ordinance only today. While trying to distinguish between concept and function, he happened upon the City Manager in the lobby. He did speak with the City Manager regarding some clarification of use of terms. However, upon further examination, he discovered an attachment of diagrams/charts, which he has not thoroughly reviewed. He may bring up this legislation at a later date, as he does not want to begin discussing this ordinance following such a cursory review. Vote on the Ordinance: Ms. Chinnici-Zuercher, yes; Mayor McCash, yes; Mrs. Boring, no; Ms. Salay, yes; Mr. Lecklider, yes. Ordinance 43-03 Amending Certain Sections of Ordinance 98-96 ("Compensation Plan"), Authorizing the Creation of a New Position (Assistant Director of Streets & Utilities), and Amending the 2003 Annual Appropriations. Ms. Brautigam stated that this is a companion ordinance to the organizational chart legislation. It moves monies within the budget to accommodate the various changes described last week. Vote on the Ordinance: Mr. Lecklider, yes; Mayor McCash, yes; Ms. Salay, yes; Ms. Chinnici-Zuercher, yes; Mrs. Boring, no. Ordinance 44-03 (Amended) Amending Ordinance No. 57-94, Passed June 20,1994, as Amended by Ordinance No. 62-94, Passed June 27,1994, to Supplement the Public Improvements To Be Made to Benefit the Parcels Identified in that Ordinance and Provide for Payment of RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 April 21, 2003 Page 5 Held 20 a Portion of the Service Payments Received to the Dublin City School District Ms. Grigsby stated that the ordinance has been amended to clarify the language in Section 1. Vote on the Ordinance: Mrs. Boring, yes; Ms. Chinnici-Zuercher, yes; Mayor McCash, yes; Mr. Lecklider, yes; Ms. Salay, yes. Ordinance 45-03 Establishing the Estimated Average Per Acre Value of land for Park Fees in Lieu of land Dedication, as Required Pursuant to Section 152.086(C)(6), and to Amend Said Section. Ms. Brautigam stated that this ordinance adjusts the value of raw land for purposes of accepting cash in lieu of land dedication from $38,500 to $39,500 per acre, based upon an appraisal which is done every two years. Vote on the Ordinance: Ms. Salay, yes; Mr. Lecklider, yes; Ms. Chinnici-Zuercher, yes; Mrs. Boring, yes; Mayor McCash, yes. INTRODUCTION/FIRST READING - ORDINANCES Ordinance 46-03 Accepting the lowest/Best Bid for the Darree Fields Parking lot Expansion Project. Ms. Salay introduced the ordinance. Ms. Brautigam stated that the lowest and best bid is from Miller Pavement in the amount of $246,000. Ms. Chinnici-Zuercher noted that in her travels, she has observed places where brick is used with grass growing through the brick for parking purposes. Has Dublin ever considered this type of alternative versus asphalt? Mr. Hahn responded that staff has considered this for parking areas used infrequently or for emergency egress from the site. One of the requirements in Dublin's soil environment is irrigation. The pavers would become very hot in the summer and the grass would burn out. With this application, staff is anticipating 1,000 plus automobiles per day using the parking facility. An area of infrequent parking use would be more appropriate for the pavers. Ms. Chinnici-Zuercher asked when the soccer fields would be ready for use. Mr. Hahn responded that the new fields would be available in the fall of this year. Last year, grading and seeding of the soccer fields was done - parking was not permitted to allow the fields to mature. Mr. Lecklider asked for confirmation of the location of the new fields. Mr. Hahn responded that they are immediately west of the existing soccer fields. It is almost a mirror image of the existing soccer fields, and will have a similar parking configuration extending to the west. There is an existing fence line which will be maintained. Mr. Lecklider noted that there is somewhat of a second entrance off of Cosgray Road to the park. What are the plans for opening this, and why was it built as it currently exists? Mr. Hahn responded that there was to be a four-way intersection with Sports Ohio and Darree Fields with turn lanes. A portion of the intersection is under Franklin County's jurisdiction. Upon evaluation, the City of Dublin decided not to require the turn lanes on the City of Dublin portion, but the Franklin County engineer refused to give relief from the elaborate deceleration turn lanes where he had jurisdiction. The cost associated with the turn lanes and right-of-way acquisition made it cost prohibitive. At this point, the City is waiting for an annexation to occur for the small piece of Cosgray Road in the county, which would then bring it under the City of Dublin's engineering jurisdiction. Mr. Lecklider asked if it would make sense to install some type of barricades to block the entrance. Mr. Hahn responded that bollards have been used to discourage use of this entry. Ms. Chinnici-Zuercher asked that Mr. Hahn provide information regarding how the City funds parks versus DY A funding at an upcoming study session. While it is a partnership arrangement, it is quite confusing within the context of the bed tax discussion. Ms. Brautigam agreed to do this. It will be added to the June study session agenda which focuses on matters related to the soccer leagues in Dublin. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 April 21,2003 Page 6 Held 20 Mrs. Boring added that she supports Ms. Chinnici-Zuercher's suggestion of looking at alternative ways of providing parking - less pavement and more of a grass look. Obviously, it will not work in this example. Ms. Chinnici-Zuercher added that she has seen this application in other smaller environments - it is much more attractive than asphalt. Mayor McCash asked if Miller Pavement was the bidder who recently dropped out of a City project. Mr. Hahn responded that they were the initial low bidder for the Muirfield/Glick project, but the City's experience with them in such complicated projects was not satisfactory. Miller Pavement has worked on other straight paving projects for the City and the work has been satisfactory. When they've acted as a general contractor in the past, there were problems. There will be a second reading/public hearing at the May 5 Council meeting. Ordinance 47-03 Amending Section 31.06 (Code Enforcement Officers) of the Dublin Codified Ordinances to Permit Code Enforcement Officers to Enforce Parking Regulations on Public Property. Ms. Salay introduced the ordinance. Ms. Brautigam explained that this is brought to Council due to parking concerns associated with Old Dublin Town Center Phase I. There is an existing public parking lot in back of Starbucks and the DCVB offices which is signed for customer parking. There are two issues: (1) some believe that only customers of the merchants at the Dublin Town Center are permitted to park in this lot, but this is not true; (2) there are employees of the businesses in Old Dublin who consistently park in this location - this prompted the signing for customer parking. Employees were asked to move, but refused to do so, indicating that it is public parking. There have been complaints about people parking for long periods of time in these spots. Therefore, as a test case, the City plans to resign a portion of the area so that most of it will have a two-hour parking limitation. In order to avoid having the Police division enforce this, the legislation will allow the Code Enforcement officer to oversee this. While police enforcement and code enforcement are higher priorities than parking enforcement, this will be tested to see if it provides relief. Mrs. Boring asked if there are adequate places for employees to park in Old Dublin. Ms. Brautigam stated that the studies done show that there is plenty of parking space in the Old Dublin area. Mrs. Boring stated that this ordinance would then give Code Enforcement some jurisdiction over other parking issues in the City, i.e., neighborhood truck enforcement. Ms. Brautigam stated that this is correct. Mrs. Boring stated that she has some concern with the workload this will add to Code Enforcement. She assumes staff will continue to monitor this. Ms. Crandall agreed that staff would do so. Ms. Salay asked if letters would be sent to the businesses about this change for distribution to their employees. Ms. Crandall responded that Greg Jones has contacts with the merchants in Old Dublin and he will relay this information to them. He also plans a future meeting with business owners in Old Dublin to review future parking needs. Ms. Salay emphasized that it would be prudent to put this in writing in addition to personal visits to avoid confusion. Ms. Chinnici-Zuercher stated that it seems strange that business owners, who have a vested interested in having customers come to their stores, would not tell their employees to park elsewhere. Ms. Crandall responded that she spent time in the stores where this was occurring, but wasn't able to resolve this. There will be a second reading/public hearing at the May 5 Council meeting. (At this point, Mr. Kranstuber returned.) RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 April 21, 2003 Page 7 Held 20 INTRODUCTION/PUBLIC HEARING - RESOLUTIONS Resolution 22-03 Authorizing the Regulation of Traffic on Muirfield Drive and Other Roads in Muirfield Village and Waiving Certain Provisions of the Dublin Sign Code and Noise Ordinance During the Annual Memorial Tournament. Ms. Salay introduced the resolution. Ms. Brautigam stated that this legislation is brought forward each year to facilitate the Tournament traffic and related issues. Vote on the Resolution: Mrs. Boring, yes; Mayor McCash, yes; Mr. Lecklider, yes; Ms. Salay, yes; Mr. Kranstuber, yes. Resolution 23-03 Authorizing the City Manager to Enter into a Collective Bargaining Agreement with the Fraternal Order of Police - Ohio Labor Council Regarding Wages, Hours, Terms and Conditions of Employment for Employees within the Communications Technician Bargaining Unit within the Division of Police. Ms. Salay introduced the resolution. Ms. Brautigam stated that Mr. Wiseman, labor counsel for the City is present to respond to questions. In addition, there is a typographical error in Section 2, where the reference to Section 1.4 should actually be Section 1.6. Mr. Lecklider asked if the four percent increases in the contract reflects the current norm in the economic climate. Mr. Wiseman stated that this must be looked at within the nature of the bargaining units. For police and fire in non-distressed governmental entities, this is on target. There is some impact for these groups related to the 9-11 events. The other issue relates to comparability and provides an adjustment to ranges, especially at the entry level, in order to attract and retain the most qualified candidates. Mrs. Boring noted that there is a longevity pay each year. Is this computed within the total salary figures? Mr. Wiseman stated that, historically, longevity pay has been part of the system. It provides something to those who have moved out of the step system. It is an additional amount to those who have moved out of the step system and has to be computed as part of compensation. It is seen as a reward for retention. For some other collective bargaining agreements, it is sometimes negotiated out and moved into the compensation line. Mr. Harding added that in terms of comparables, base compensation is considered separately from longevity pay. In terms of positioning with respect to the market, longevity is not factored in. Longevity is a traditional item that is found in most collective bargaining agreements, and also in non-union staff for the City. Ms. Chinnici-Zuercher noted that she was quite surprised with the memo, given the current world economic climate; apparently, Dublin falls outside of that in view of the increase in salary and benefits afforded in this contract negotiations. In terms of the rates of pay, Article 21, has there in fact been difficulty in filling positions in the past couple of years, and if so, has the City lowered its qualifications for hiring as a result of being so much lower than other markets? Mr. Harding responded that the City has experienced recruiting difficulties in this area. In some cases, 20-30 applications were received versus 200-300 applications for other positions in the City. The step 1 pay level has caused some difficulties in recruiting for communication technicians. The City has never lowered its standards, however, in terms of qualifications and has found qualified dispatchers. While the positions have been filled, it has been more difficult as a direct result of the beginning of the pay structure for step 1. Ms. Chinnici-Zuercher noted that the pay increase of four percent in each year of the agreement seems very high in terms of the expectations of other governmental entities for raises in the coming years. Mr. Wiseman responded that in the police and communication technicians groups, these are typical increases. In this instance, the City had fallen behind in pay for step 1 and there was a need to bring it up to remain competitive. Despite the severe fiscal position of Columbus, this group obtained four percent through a fact-finding process. Dublin does not obviously show any severe financial distress. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 April 21, 2003 Page 8 Held 20 Ms. Chinnici-Zuercher asked how Article 28 fits with the discussion the Administrative Committee is having in regard to insurance benefits. Is this in line with what is being considered for the future? Mr. Harding responded that it is not possible to adopt those same changes for this bargaining unit. When this contract expires, staff will try to obtain the same type of provisions in this bargaining agreement. Staff was successful in implementing the $50 emergency room payment within this contract, as well as the higher co-pay for brand name versus generic prescription drugs. Ms. Chinnici-Zuercher asked for clarification about Article 35. Is the two hours of compensation for every eight hours spent as a trainer above the 40-hour workweek, or does it kick in after an eight-hour training day? Mr. Harding responded that this provision recognizes the responsibility someone takes on as a training officer. It is not compensation over and above the 40-hour week, but rather, if they spend eight hours in a training capacity, the provision kicks in. Ms. Chinnici-Zuercher asked why a supervisor could not train new staff. Mr. Harding responded that there are two supervisors, but they could not undertake all of these responsibilities themselves. Individuals are instead trained to be "trainers" - to shepherd new recruits for a 12-15 week period. Mr. Wiseman stated that, absent this provision, it would be necessary to hire additional supervisors. Ms. Chinnici-Zuercher stated that she does not favor this provision. If a person takes training to serve this role, they are not being asked to work their normal shift and do training over and above that. It is their choice to become a trainer, and the job description could be revised to include this responsibility. Mr. Harding responded that there is a description of duties in the police general orders manual that deals specifically with training officers. It is a burden to the communications technician to undertake these responsibilities due to the liabilities the City could incur if not trained properly. Ms. Chinnici-Zuercher stated that for these reasons, she would feel more comfortable with a supervisor taking on these responsibilities, even if it would potentially require another supervisor. Mr. Wiseman stated that this is not unique to Dublin's contract. Mrs. Boring asked if the bargaining unit would be subject to the changes that will be recommended by the Administrative Committee. Mr. Harding responded that they would not. It cannot be unilaterally implemented without bargaining over those impacts. Ms. Chinnici-Zuercher added that this will be true for any recommendations of the Administrative Committee - they will apply only to non-union workers. They can be considered as the present contracts with bargaining units expire. Mrs. Boring asked what Council's options are in view of these concerns. Mr. Wiseman stated that if the employee health benefit changes had already been implemented, they could have been considered in the negotiations. Staff cannot unilaterally make changes under the collective bargaining laws. Ms. Chinnici-Zuercher stated that what is being presented tonight is a completed negotiation and a tentative agreement. It is a "catch 22" situation at this point - Council has had no input in the process, and the process is now completed. Mr. Wiseman responded that under the law, as a legislative body, Council shouldn't be negotiating the bargaining agreement. As a practical matter, staff tries to obtain as much input as possible from Council throughout the process. The law is not an employer friendly statute and is not intended to be. Ms. Chinnici-Zuercher commented that the information Council has received along the way is simply whether negotiations are going well or not going well. She has never viewed these memos as asking for Council's input. Is Mr. Wiseman suggesting that elected officials are not to be involved in setting parameters? She assumes that there are parameters established in these negotiations. Mr. Wiseman responded that staff does try to obtain a sense of the parameters for agreements. Both sides have to compromise in this process, and he believes the RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK tNC FORM NO 10148 April 21, 2003 Page 9 Held 20 agreement before Council is a good one. He offered to speak at a study session about the collective bargaining process in general, if that is Council's desire. Vote on the Resolution: Mr. Lecklider, yes; Ms. Salay, yes; Mayor McCash, yes; Mrs. Boring, yes; Ms. Chinnici-Zuercher, yes; Mr. Kranstuber, yes. Resolution 24-03 Authorizing the City Manager to Grant a General Right-of-Way Permit to ICG Telecom Group, Inc. Mr. Lecklider introduced the resolution. Ms. Brautigam stated that ICG has requested this permit and it complies with the rules. Staff is recommending approval. Vote on the Resolution: Mr. Kranstuber, yes; Ms. Salay, yes; Mayor McCash, yes; Ms. Chinnici-Zuercher, yes; Mrs. Boring, yes; Mr. Lecklider, yes. STAFF COMMENTS . Summary of Waivers from Connection to Public Water and/or Sewer Systems Mrs. Boring thanked staff for this information and asked that it be updated on a regular basis at the time other waivers are requested. . Additional Information re Proposed ODOT 1-270 Noise Barrier Walls Ms. Salay stated that she understands the Willow Grove residents are interested in obtaining noise walls. Will they really impact the level of noise in view of the location on the curve? Mr. Hammersmith responded that the location was determined as part of the technical study done by ODOT. The computer models done by Burgess & Niple show a reduction in noise levels for that site with the walls in place. Ms. Chinnici-Zuercher asked for clarification on page two regarding how much discretion Dublin has in the proposal for a noise barrier. Mr. Hammersmith stated that the language should indicate the City's "recommendations," not "decisions," about preferences. Ms. Chinnici-Zuercher summarized that the residents can make a recommendation, ODOT can make one, and the City can make one. Mr. Hammersmith stated that this is correct. ODOT would consider the City's preference for color and texture in a case where the property owners cannot all agree on a selection. Ms. Chinnici-Zuercher asked if there is a location in Franklin county to view the choice of Willow Grove for color and texture. Mr. Hammersmith will research this. Mr. Lecklider asked if the City is limited to the options shown. Mr. Hammersmith responded that these are the color and texture options available without additional charge to the City. COUNCIL COMMITTEE REPORTS/COUNCIL ROUND TABLE . Report from Finance Committee re Hotel/Motel Tax Grants Ms. Chinnici-Zuercher, Chair, Finance Committee reported that the Committee met earlier this evening to review hotel/motel tax grant applications. The total amount available for disbursement is $12,500, and requests exceeded $75,000. She moved the following recommendations of the Committee: 1. Arthritis Foundation - Classic Auto Show/Cruise-In $3,000 toward Showmobile use and cost of City services 2. Columbus Feis - $1,500 for supplemental air conditioning to be funded through Irish Festival (Special Events) operating budget, not hotel/motel tax 3. Dublin Soccer League - Charity Cup $4,000 for purchase of soccer goals 4. Ohio Premier Girls Soccer Club - Premier Invitational Soccer Tournament $1,500 for marketing/promotion 5. Youth Sports Foundation, Inc. Grant request denied 6. Kiwanis Club of Dublin - 38th Annual Frog Jump Festival Cost of City services, not to exceed $4,000 Mr. Kranstuber seconded the motion. Mrs. Boring requested that sponsorship credit to the City should be given by these organizations. Ms. Chinnici-Zuercher agreed, noting that this is specified in the grant award letters. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 April 21, 2003 Page 1 0 Held 20 Vote on the motion: Ms. Salay, yes; Mr. Kranstuber, yes; Mayor McCash, yes; Mr. Lecklider, yes; Mrs. Boring, yes; Ms. Chinnici-Zuercher, yes. Ms. Chinnici-Zuercher noted that there will be less discretionary funds in the hotel/motel tax fund in the next few years as a result of commitments made for funding to the Dublin Arts Council and the Convention Bureau, and the additional grant to the DCVB for assistance with facility rental. In addition, the Special Events operational budgets are funded through bed tax. Therefore, the Finance Committee recommends modifying the process to a once a year review of hotel/motel grant applications. The review would be done in the fall, and Ms. Gibson would update the brochure accordingly. Ms. Chinnici-Zuercher moved adoption of the recommendation. Mr. Kranstuber seconded the motion. Vote on the motion: Mrs. Boring, yes; Mr. Lecklider, yes; Ms. Salay, yes; Mr. Kranstuber, yes; Ms. Chinnici-Zuercher, yes; Mayor McCash, yes. Mr. Kranstuber asked Ms. Grigsby if the direction for the Columbus Feis application is clear. Ms. Grigsby stated that her understanding is that the funding for the supplemental air conditioning for the Columbus Feis at Dublin Coffman High School will be paid for out of the funds budgeted for the Dublin Irish Festival. She does not anticipate that this will be problematic. Ms. Chinnici-Zuercher stated that, apparently, the City paid for this expense last year. Mr. Kranstuber added that the Committee did not understand the rationale for having this small component of the Dublin Irish Festival apply for a hotel/motel tax grant for this purpose. It is a part of the Dublin Irish Festival and is included in the brochure. Mrs. Boring asked if the soccer goals could be used by the City. Ms. Chinnici-Zuercher clarified that they are actually owned by the City once they are purchased. They are used by the soccer leagues. Mr. Kranstuber stated that discussion took place at the Finance Committee regarding the history of funding of soccer goals. The soccer group also requested funding for a trailer for concession purposes at Darree Fields. Although funding was not available this year, the Committee felt this may be more of a City function and should be considered within the capital improvements for City parks. Mr. Hahn responded that Council would need to decide if the City should build a concession stand, funded in the CIP, for others to operate and take profit from. He would view this as a different need than a restroom facility. Mr. Kranstuber asked how the Avery Park concession stand was funded. Mr. Hahn responded that the one operated by the soccer league was done under a partnership arrangement - the league donated the labor and design services, and the City paid for the materials. Mr. Kranstuber summarized that this may be an opportunity for future partnering, but will likely not be proposed in the capital program. Mr. Hahn confirmed that a concession stand would be a low priority on his list for needed park improvements at Cosgray. Ms. Chinnici-Zuercher noted that Council requested a future study session on this topic, and Ms. Brautigam responded that it would be scheduled in June. Mr. Hahn added that in the past, there was more discretionary money in the hotel/motel tax funds and staff was encouraged to propose creative ways to make use of those funds, i.e., ball diamond lights, materials for concession stands. Perhaps at this point, the discretionary monies are less and some items may be more appropriate to be included in the capital budget. Ms. Chinnici-Zuercher agreed, noting that as the budget is developed, the lack of availability of bed tax funds should be taken into consideration. If these things are needed, they should be included in the operating or capital budgets. Mr. Lecklider agreed with Mr. Hahn's prioritization of park improvements. There is also the question of the expectations of the patrons of the park. This park is growing and right or wrong, given the Avery Park experience, there may be an expectation of a concession stand. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 April 21, 2003 Page 11 Held 20 Mr. Kranstuber. Chair. Administrative Committee reported that the employee health benefits have been reviewed, although the recommendations are not in final form at this time. The Committee concurred substantially with the direction staff is taking on this, but more input is needed from employees, especially related to network and non-network providers. The car allowance issue was reviewed. but no recommendation will be made. This policy should perhaps be reviewed more within the context of the operating budget or by the City Manager. Ms. Chinnici-Zuercher added that a number of the car allowances were part of a hiring package. and so there are limitations in terms of some. Mr. Kranstuber continued that the Committee would not be recommending radical changes to the health care benefits. The recommendations may include incentives for using network providers, raising the maximum co-pay slightly, all in order to have Dublin more in line with other cities surveyed. Mr. Lecklider noted two concerns he has observed in regard to parking: 1) the no parking signs for both sides of the boulevard near the model homes in Belvedere are not observed, preventing fire equipment from access; and 2) in front of certain businesses at Avery Square and Perimeter Center, there are blatant violations of parking in the fire lane. While these are not the highest priority for enforcement, enforcement should be done if signs are installed prohibiting parking. Ms. Salav: 1. Asked about the format of the April 30th meeting regarding aggregation. Ms. Brautigam stated that Mr. McDaniel will make a presentation about the opt-out programs, and a question/answer session will follow. 2. Asked for clarification of the time for the Tara Hill traffic study meeting and plans to accommodate a larger crowd than expected. Mr. Hammersmith responded that it will begin at 7:00 p.m. and the stakeholders and association representatives have been invited. There should be adequate capacity in the room for all who are interested. 3. Noted that the Avery Road bridge over 33/161 and the Rings Road bridge continue to have burned out lights. How can this be addressed? Mr. Hammersmith responded that staff has been wrestling with a manufacturing defect for the past two years - the lights are holding water when it rains. The lights will be retrofitted and, hopefully, will be operational again. If that is not successful, staff will negotiate for a different fixture altogether. Mayor McCash asked if the lights missing along Emerald Parkway would be replaced. Mr. Hammersmith responded that those were the initial test lights. The lights were designed to be aimed 180 degrees and to point upward instead of the way they were installed - these were not the most appropriate selection. Mrs. Borino: 1. Noted that Council has received several invitations that require an RSVP, including Ted's Montana Grill grand opening on Thursday night. 2. Suggested that Council postpone calling staff about any problems until Wednesday, when Mr. Ciarochi will serve as Acting Manager! Mavor McCash: 1. Asked about the status of the SR 161/33 improvements done last year where sod was installed - will the dead sod be replaced? Mr. Hammersmith responded that staff is in discussion with ODOT regarding its replacement. The ODOT contract differed from the standard Dublin contract in terms of the length of the warranty. It is possible that the replacement sod will have to be paid for by Dublin. Staff is negotiating this with ODOT. 2. Noted that Council has received several complaints recently about geese and asked staff to respond. Ms. Crandall responded that there have been ongoing geese management issues over the past few years. While the City has done a good job in managing this problem on publicly owned water features, there are many other areas where problems exist. Mayor McCash suggested that the City work with the Ohio Division of Wildlife on a brochure that explains that the City preserves greenspace that is a perfect habitat for wildlife. Such a brochure could be mailed to educate the public on the issues of living in harmony with nature. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK. INC., FORM NO. 10148 April 21,2003 Page 12 Held 20 Ms. Salay suggested that an upcoming City Manager column could focus on this topic. Ms. Chinnici-Zuercher suggested that this would also be a worthwhile topic for Dublin Life magazine, and the Ohio Wildlife Center could contribute to the article. Ms. Crandall added that on Wednesday, May 7 the City will sponsor "Wild Night Out" at the DCRC. It includes a forum and an expo on wildlife. Information will be included in the next packet. 3. Mayor McCash noted that he heard that someone called into 610 radio this afternoon, claiming to be a Dublin Police officer, indicating that Dublin experienced massive hail damage to City police vehicles. Chief Epperson responded that this is news to him. He will certainly investigate. ADJOURNMENT TO EXECUTIVE SESSION Mayor McCash moved to adjourn to executive session at 9:30 p.m. for land acquisition and legal issues. The meeting will be reconvened only to formally adjourn. Mr. Lecklider seconded the motion. Vote on the motion: Mrs. Boring, yes; Mayor McCash, yes; Ms. Chinnici-Zuercher, yes; Mr. Kranstuber, yes; Ms. Salay, yes; Mr. Lecklider, yes. ened at 10: 15 p.m. and formally adjourned. ~r!-~ Clerk of Council