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HomeMy WebLinkAbout10/16/2006 RECORD OF PROCEEDINGS Minute of Meetin_ DAYTON LEGAL BLANK. INC_ FORM NO. 10148 October 16, 2006 Held 20 Mayor Chinnici-Zuercher called the Monday, October 16, 2006 Regular Meeting of Dublin City Council to order at 7:00 p.m. at the Dublin Municipal Building. PLEDGE OF ALLEGIANCE Joe Testa, Franklin County Auditor, led the Pledge of Allegiance. ROLL CALL Present were: Mayor Chinnici-Zuercher, Vice Mayor Lecklider, Mrs. Boring, Mr. Keenan, Mr. McCash, Mr. Reiner and Ms. Salay. Staff members present were: Ms. Brautigam, Ms. Grigsby, Mr. Smith, Mr. Ciarochi, Chief Epperson, Mr. Hammersmith, Mr. Hahn, Mr. Harding, Mr. Burns, Mr. Earman, Ms. Ott, Ms. Crandall, Mr. Whittington, Mr. Gunderman, Ms. Noble, Ms. Hoyle, Ms. Martin, Ms. Nardecchia, Ms. Puskarcik and Mr. Dunn. ~ I APPROVAL OF MINUTES Mr. Keenan moved approval of the minutes of the October 2, 2006 Council meeting. ~ Vice Mayor Lecklider seconded the motion. Vote on the motion: Mr. McCash, yes; Vice Mayor Lecklider, yes; Ms. Salay, yes; Mayor Chinnici-Zuercher, yes; Mrs. Boring, yes; Mr. Keenan, yes; Mr. Reiner, yes. CORRESPONDENCE The Clerk reported there was no correspondence requiring action from Council. SPECIAL PRESENTATIONS/PROCLAMATION • Franklin County Auditor Joe Testa, Franklin County Auditor, stated that his office produces the County's annual ~ financial report, which is published in hard copy for the community and posted at their ' website. Each year, he adopts a new theme for the report cover. This year', photos of ~ the natural environment of area municipalities were solicited and incorporated into a i collage, sized for the CAFR cover. From Dublin, a view of Indian Run Falls Park was used. He presented a framed copy of the cover to Mr. Hahn, Parks and Open Space Director and thanked the City for allowing use of their photo. i Julie Erwin-Rinaldi ADAMH Board Vice President of Consumer & Network Services, thanked Dublin City Council and the citizens of Dublin for their continuing support of the 'I Alcohol, Drug, and Mental Health Board. As a result of passage of the levy, ADAMH will ~i' be allocating an additional $100,000 to the Dublin Counseling Center, which will permit 'I them to provide additional services to citizens who are experiencing traumatic events. Kathryn Mihelich-Helms. Executive Director, Dublin Counseling Center stated that the ~ Counseling Center's business has steadily increased over the past ten years, with a I,'i marked increase in the last three years. The Counseling Center has developed a strong trauma program, including a staff with expertise in dealing with victims of various types I, of traumatic life events. The Center is very appreciative of the increased financial support from the ADAMH Board, and anticipates expanding their capacity for providing those services to the Dublin community. • Make a Difference Da -October 28 2006 Y „ _ Make a I mation namin Saturda October 28 as Ma or Chinnici Zuercher read a roc a g y, Y P Difference Da " in Dublin. The Points of Light Foundation, USA Weekend and the Paul Y Newman Foundation sponsor this annual event. Ohio is one of the few states that !I encourages communities and non-profit organizations to participate at the local level. In 2005, Dublin's athletic shoe recycling project was chosen as one of the top 20 projects in the State of Ohio. The 2006 collection will take place on Saturday, October 28 at the Rec Center. This year, Girl Scout Troop 854 is participating in the project, collecting used athletic shoes from the community. She presented the proclamation to Girl Scout I. Troop 854 members Mei Gerardi, Emily Soppe, Melissa Cameron and Catherine ~I Wilsbacher. ~ ii i RECORD OF PROCEEDINGS M' n of Meetin DAYTON LEGAL BLANK, INC.. FORM NO. 10148 October 16, 2006 Page 2 Held 20 • Dublin Art League Bev Goldie, Dublin Art League, stated that in 2006, the Art League sponsored an art contest in which the top 12 submissions would comprise the first "Distinctly Dublin Art Calendar." The art contest, which was conducted by Artistic Director Jessica Watts, was open to the entire community. The judging was conducted by a panel, including the Mayor and representatives from the Chamber of Commerce, the Dublin Arts Council, and the Historic Dublin Association. She presented a copy of the first "Distinctly Dublin" calendar to Mayor Chinnici-Zuercher in appreciation for her assistance in judging entries and for serving as the emcee for the awards ceremony and reception. Mayor Chinnici-Zuercher noted the proceeds of the sales will support the Dublin Area Art ~ League activities. CITIZEN COMMENTS i. Wallace Maurer. 7451 Dublin Road stated that he was in awe of the "triple play" that occurred at the October 2, 2006 Council meeting by which his continuing public comments regarding the past firing of the City Engineer were curtailed. The play was flawlessly executed and radically unconstitutional. He has been deprived of his right to free speech, guaranteed and protected by the First Amendment. In so doing, Council has set a dangerous precedent for an erosion of the principle of free speech. If he can be prevented from speaking on this topic, he wonders what will be the next topic on which he will be prevented from speaking. The ability of Council to limit him was addressed at a past Council meeting. At that time, the response was that he was within the law regarding appropriate topics on which he could speak, and that he considered ~ himself as a part of the "citizen boss" of the City. Council Member Kranstuber indicated i I at that time that Council could not prevent Mr. Maurer from speaking on the topic, as it would be a violation of his right to free speech. At the October 2, 2006 meeting, Mr. II Maurer did say that he would adhere to Council's decision. He would, however, work to either extinguish it or modify it. Subsequently, he has realized that he does not have to go through that. The violation of free speech is non-negotiable. Mrs. Boring stated that when she reviews the rules for holding a public meeting, her understanding is that it is Council's discretion to allow public comments at their meetings. She asked the Law Director to comment. Mr. Smith responded that it is Council's discretion to do so. Mrs. Boring inquired if public comment is being permitted, is Council violating the right of free speech if it no longer allows a topic to be commented upon? ii Mr. Smith responded that it is his opinion that the action taken by Council at its October 2, 2006 meeting was legal, based upon the premise and discussion at that time. ;j LEGISLATION POSTPONED ITEMS Resolution 70-06 Intent to Appropriate a 3.449 Acre, More or Less (Present Road Occupied), Fee 'II; Simple Interest, From Lawrence Hull and His Unknown Heirs, Legatees and Devisees, Located West of U.S. Highway 33 and North of State Route 161 (Post Road), Township of Jerome, County of Union, State of Ohio. i n 71-06 Resolut o Intent to Appropriate a 0.893 Acre, More or Less (Present Road Occupied), Fee ICI Simple Interest, From Adria Laboratories, Inc., and Its Unknown Successors, ~.A ~ Transferees and Assigns, Located East of Industrial Parkway and North of State i~ Route 161, Township of Jerome, County of Union, State of Ohio. Ms. Brautigam stated that it is staffs request that consideration of Resolutions 70-06 and 71-06 be postponed an additional two weeks. Individuals working on this issue with staff ii have requested additional time for review. Staff has no objection to their request. Ms. Salay moved to postpone Resolutions 70-06 and 71-06 until the November 6 Council II meeting. ~ Mr. Reiner seconded the motion. ~ Vote on the motion: Mr. Keenan, yes; Ms. Salay, yes; Mr. McCash, yes; Vice Mayor Lecklider, yes; Mayor Chinnici-Zuercher, yes; Mrs. Boring, yes; Mr. Reiner, yes. it I II RECORD OF PROCEEDINGS Minutes of Meetin DAYTON LEGAL BLANK, INC_ FORM NO. 10148 October 16, 2006 Page 3 Held 20 PUBLIC HEARING/SECOND READING -ORDINANCES Ordinance 63-06 Authorizing the City Manager to Enter into a Contract for Health Services with the Franklin County Board of Health for 2007. Ms. Brautigam noted that this contract is renewed annually. Franklin County Health Department is the provider of health services for the City of Dublin. There were no questions. Vote on the Ordinance: Mrs. Boring, yes; Mr. Keenan, yes; Ms. Salay, yes; Mr. McCash, yes; Vice Mayor Lecklider, yes; Mayor Chinnici-Zuercher, yes; Mr. Reiner, yes. INTRODUCTION/FIRST READING -ORDINANCES Ordinance 64-06 Amending Chapter 35 of the Codified Ordinances to Revise the Fee and Service Charge Revenue/Cost Comparison System and Establishing a Schedule of Fees and Service Charges for City of Dublin Services. Mr. Keenan introduced the ordinance. ' ~ Ms. Brautigam stated staff reviews and provides updated information to Council on the cost I~ of providing services to the community on an annual basis. Each year, there are areas in which the cost has increased, and Council determines what portion of that cost is paid by the users of the services. A memo has been included in Council packets containing a detailed explanation of each recommended increase. This is the first reading of this ~ ordinance. Prior to the second reading/public hearing, Council members should contact Ms. Grigsby if they have any specific questions. Mayor Chinnici-Zuercher noted that the second reading/public hearing on this ordinance will not occur until the November 20 Council meeting to permit sufficient time for the j Finance Committee to review the recommendations, if Council should so desire. Ms. Brautigam noted that in the interim, budget hearings will be held on November 8 and November 15. Mr. Keenan, Finance Committee Chair, stated that the members have reviewed the II materials along with Council. Due to the fact that the recommended increases are minimal, the Committee does not see a need for a separate review. There will be a second reading/public hearing at the November 20 Council meeting. ~ Ordinance 65-06 II Amending the Dublin Codified Ordinances to Adopt Chapter 100 Regarding the ~II II Regulation and Franchising of Cable Television Service and Regulation of Competitive Video Service. (Project Lightspeed) Mr. Keenan introduced the ordinance. Ms. Brautigam noted that Greg Dunn, Schottenstein, Zox and Dunn, and David Kandel, AT&T Services, will present the material and respond to questions. Greg Dunn, Schottenstein, Zox and Dunn, stated that a nationwide dispute is occurring III regarding the issue of delivery of broadband services, both cable TV and non cable TV. There are issues with the FCC, Congress and the court system regarding the video component of a broadband service brought into the home. AT&T would like to introduce III a broadband service to the City of Dublin that delivers a video component. Typically, I, that would be considered cable TV, and that is his firm's position on the issue. However, rather than entering into a debate on the matter, they have taken a different approach. They have determined the needs of the community and developed legislation to amend II ~II the City's Code to address the provision of broadband video services in a manner similar to the provision of cable TV services. AT&T will not accept a cable TV franchise as they do not believe they are cable TV, but they will accept the regulations as contained I ~I herein. This will enable AT&T to offer their product in Dublin in competition with Time I, Warner and WOW, hopefully resulting in more and better priced products for the II I, community. Dublin will be one of the first communities in Central Ohio with three I I, broadband services. Worthington, New Albany and Grove City have recently adopted similar legislation. ~'I j David Kandel, AT&T Services, stated that due to a technological malfunction, he cannot ~ show the PowerPoint display. Copies of the PowerPoint slides have been distributed to Council. Following a brief description of Project Lightspeed, he will run a DVD showing the product capabilities. This is a major infrastructure investment of $4.6 billion in the I~ RECORD OF PROCEEDINGS Minutes of Il ~hlin Meeting DAYTON LEGAL BLANK, INC.. FORM NO. 10148 October 16, 2006 Page 4 Held 20 telephone network. Project Lightspeed will provide capabilities that are not currently available in Dublin in terms of capacity the amount of information that can be sent through fiber network to homes. Approximately 3,000-5,000 feet of fiber optic cable will be placed close to homes throughout the community; the connection within the home will be made through the existing telephone lines. With the electronics on either end of that network, AT&T will provide a speed ranging from 15 to 39 megabytes per second. Currently, high-speed internet and comparable services operate at approximately 6 megabytes per second. A significant increase in both the capacity and speed of information technology service will be provided through the telephone network. The name of the product is UVRS. They are a telecommunications company, not a cable TV company. The fundamental difference in the technologies is that a traditional cable TV system has all of the channels running on the network simultaneously. AT&T has an internet protocol system -nothing is running until it is downloaded. With a cable TV system, once a maximum capacity is reached, channels cannot be added. With their video system, the number of channels is limitless, as the user is downloading only the channels desired. In addition to the existing agreements, they anticipate entering into an agreement with the City of Powell this week. [DVD played] ~ Vice Mayor Lecklider inquired how the fiber optic cable will be provided throughout the Dublin community. Mr. Kandel responded that it would be accomplished by two processes. In future developments, the fiber will be run directly from the central location into the homes when constructed. In existing homes, the fiber will be run 3,000-5,000 feet from the homes. From there, a node in the central office will connect the fiber to the existing copper telephone system and electronics in the homes. Vice Mayor Lecklider inquired if the latter process will be able to provide the same speed as fiber connected directly to the home. Mr. Kandel responded that the fiber to the neighborhood will provide a speed of only 15- 25 megabytes to the user. The UVRS product is designed to work at that speed. The direct fiber connection would have additional capacity if/when needed. Mayor Chinnici-Zuercher thanked Mr. Kandel for the presentation. ~ ~I There will be a second reading/public hearing at the November 6 Council meeting. ii Ordinance 66-06 Accepting a Dedication of Open Space for the Village at Coffman Park. Ms. Salay introduced the ordinance. Ms. Brauti am stated that the land dedication is for the new development at the corner ICI g of Discovery Boulevard and Post Road. There will be a second reading/public hearing November 6 Council meeting. Ordinance 67-06 Authorizing the City Manager to Execute a Release Agreement with The Stonehenge Company Regarding 6055 Avery Road (Avery Road widening project). ~I', Vice Mayor Lecklider introduced the ordinance. Ms. Brautigam stated this involves an agreement between the City and The Stonehenge Company to facilitate construction of a roundabout at the intersection of Avery Road and Tuswell Drive. The City will be purchasing some land from Stonehenge and dedicating 'I some land back to them where an existing right-of-way is being abandoned. The cost to the City will be approximately $77,900. There will be a second reading/public hearing at the November 6 Council meeting. ~I Ordinance 68-06 Authorizing the City Manager to Accept and Receive a 0.260 Acre, More or Less, Fee Simple Interest, a Combined 0.167 Acre, More or Less, Utility Easement, and a Combined 0.137 Acre, More or Less, Temporary Construction Easement, Donated ~ by Wendy's International, Inc., Located on the West Side of Shamrock Boulevard, City of Dublin, County of Franklin, State of Ohio. ~ ~I Ms. Salay introduced the ordinance. Ms. Brautigam stated this land acquisition is necessary to construct Shamrock Boulevard. There will be a second reading/public hearing at the November 6 Council meeting. ii RECORD OF PROCEEDINGS Minu of Meeting DAYTON LEGAL BLANK. INC.. FORM NO. 10148 October 16, 2006 Page 5 Held 20 Ordinance 69-06 Authorizing the City Manager to Enter into an Agreement with Wireless Events, Inc., dba DHB Networks, and Declaring an Emergency. Vice Mayor Lecklider introduced the ordinance. Greg Dunn, Schottenstein, Zox and Dunn, stated this is a housekeeping item. The RFP for the WiFi network provided that some of the City fibers would be used for backhauling the internet signal from one point to another. As they deployed, they discovered they needed more fiber. The City currently has 74 unused fibers. The proposal is to allow DHB to use six City fibers for three years. If DHB should purchase their own fiber or obtain additional fiber elsewhere, the fibers will be returned to Dublin immediately, if necessary. In return for the use of the six City fibers, DHB has agreed that Coffman Park will be a free hot spot during that time. The reason for the emergency is that DHB will be operational on October 31, and the additional fiber would allow them to be operational more quickly. I i Mr. Keenan noted that at the National League of Cities Conference earlier this year, he learned that many cities have legislation in place that provides that all new developments are equipped with WiFi during the construction phase. ~ Mr. Dunn responded that he is aware of such legislation in other states. He has not seen it yet in Ohio. It provides for the conduit to be run during the construction phase. Vice Mayor Lecklider requested clarification of #1 in the cover memo, which begins, "Permission to use our fiber...indicating they will either obtain their own fiber connectivity or utilize the six original fibers in a more efficient manner." Mr. Dunn responded that cheap electronics requires utilization of more fiber than expensive electronics requires. Third Frontier Network only has two fibers throughout the State of Ohio, however, they have massive electronics on the end. They have 16 lasers per fiber which results in the equivalent of 32 fibers. While that can be done, it thi time Dublin is fiber rich so the Cit has used some of costs a lot more per fiber. At s y that fiber to facilitate connectivity for DHB at this time in their development. However, DHB could, theoretically, spend much more money on the gear and use less fiber. That I', is one of the reasons athree-year limitation would be imposed. The assumption is that at that point, DHB should migrate to that type of utilization, using less of the City's fiber and making more efficient use of their fiber. Vice Mayor Lecklider inquired if the reference to connectivity indicates they could connect to another fiber source. Mr. Dunn responded that it does not. The procedure used is they first establish access points which are essentially small radios. They then use the City's fibers to connect to the access points. In most WiFi operations, the access points communicate in a chain- like manner to access the Internet. It takes a large amount of power and bandwidth to connect. By putting fiber on the ends and connecting the fibers to the access points, the I', fiber is used for the backhaul rather than the bandwidth. Dublin has one of the best ~ ~ systems in the nation. Because it is fiber rich, it will have a robust network with most of ~ ~ the bandwidth available for use, as it has not been committed to making connectivity between access points. Mr. Keenan inquired about the City's fiber inventory. Mr. Dunn responded that the City has 74 fibers. DHB's use of six fibers would reduce it to 68. Mr. Reiner inquired about the projected return for the City from the DubLink investment. j Mr. Dunn responded that Mr. McDaniel had calculated an economic return from the ~ increased jobs. He has indicated that will be paid for by the new economic ~i development, particularly with UMC Partners within the Central Ohio Innovation Park. Mr. Reiner inquired if there would be any other positive cash flow for the taxpayers. Mr. Dunn responded that there could be. At this point, the only additional cash flow has i! been the $250,000 grant from the State of Ohio to compensate the City for the fibers that would be used by the Super Computer Center. He is working on a study for Mr. I~ McDaniel regarding potential uses for some of the fiber inventory. Ms. Brautigam stated that the City will directly benefit from the WiFi network. The police ICI mobile unit, police officers and inspectors in the field will have rapid wireless access. RECORD OF PROCEEDINGS Minutes of ~ ~ Meeting DAYTON LEGAL BLANK. INC.. FORM NO. 10148 October 16, 2006 Page 6 Held 20 I This will greatly improve City operations. ~ Mr. Dunn stated that Mr. Husenitza has provided him with the City's current costs for purchased connectivity. They will be evaluating the potential cost savings of utilizing fiber internally. Vice Mayor Lecklider moved to dispense with the public hearing and treat this as emergency legislation. Ms. Salay seconded the motion. Vote on the motion: Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes; Mr. McCash, yes; Vice Mayor Lecklider, yes; Mr. Reiner, yes; Ms. Salay, yes; Mrs. Boring, yes. Vote on the Ordinance: Mr. McCash, yes; Ms. Salay, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mayor Chinnici-Zuercher, yes; Mr. Keenan, yes; Vice Mayor Lecklider, yes. INTRODUCTION/PUBLIC HEARING -RESOLUTIONS Resolution 74-06 Authorizing the City Manager to Grant a Special Right-of-Way Permit to OCLC- Online Computer Library Center, Inc. Ms. Salay introduced the resolution. ~I Ms. Gilger stated this is a housekeeping issue. OCLC needs to increase their access points and fiber connectivity to their network. Because it is within the City's right-of-way, I, OCLC must have permission from the City to do so. There were no questions. Vote on the Resolution: Mr. McCash, yes; Mr. Reiner, yes; Ms. Salay, yes; Mrs. Boring, yes; Vice Mayor Lecklider, yes; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes. Resolution 75-06 h Ex ansion of Public Trans ortation Services II' II Support for Issue 7, Funding t e p p ~ Provided by the Central Ohio Transit Authority (COTA). III Ms. Salay introduced the resolution. Ms. Brautigam stated this legislation expresses City support of a sales tax levy of .25 percent to fund COTA. With the additional revenue, COTA would expand its service in suburban areas. For Dublin, increased public transportation will serve as an economic development tool. The opening of the Dublin Methodist Hospital will create a need for it mmerce has I ees. The Dublin Chamber of Co public transportation for hospital emp oy t endorse Issue 7 and is re uestin the Dublin Ci Council do so as well. a reed o q 9 tY 9 I, David Hull 5689 Strathmore Lane Dublin COTA Citizens Adviso Grou stated that he N p works for the Northland Alliance, a business and community organization in the Morse itt i Comm ee rt tion Adv so r f th Trans o a I membe o e m s. He is a so a I' oa area of Colu bu p rY tr n ublic trans ortation s stem is for the Mid-Ohio Regional Planning Commission. A s o g p p y essential for the well being of any community. It connects people to their jobs. People with disabilities and people too old or too young to drive depend upon COTA to reach their I destinations. It is environmentally friendly, reduces the number of vehicles needed by I. commuters, thereby reducing vehicular air pollution. COTA has also begun to use bio- diesel fuel. COTA has developed along-range transportation plan through Year 2030. ~ The plan is front-loaded, with 82 percent taking place in the first 8-9 years. It will increase ~ transit services by 40 percent in the region -extending existing lines and adding new lines and express lines. Vice Mayor inquired if there is a specific plan for increased service to Dublin. Mr. Hull responded that there is. He distributed copies of the list of lines that will be I, extended into Dublin. Mayor Chinnici-Zuercher noted that Cheryl Herbert, Ohio Health, has worked with Bill Lhota !i of COTA to identify the anticipated work force needs for Dublin Methodist Hospital. The j proposed extension of these lines is the result of those discussions. Mr. Hull stated that in addition to the coordination with area municipalities, there have been many public hearings on the long-range transit plan. That feedback was incorporated into ~ ~I the plan, the plan was adopted in August and a decision was made to put the levy on the November ballot. Although the .25 percent sales tax levy will be voted on in 2006, if ~ approved it will not be collected until 2008 when the current levy will expire. Therefore, in i Franklin county, no actual change in taxes will be seen. ! I, I ~~I ~I RECORD OF PROCEEDINGS Minutes of ~ h~• ~ Meeting DAYTON LEGAL BLANK, INC.. FORM NO. 10148 October 16, 2006 Page 7 Held 20 Mrs. Boring inquired if the new levy would affect only sales tax collected in Franklin county. Mr. Hull responded that it would be effective for the entire COTA district, which would include all of the City of Dublin. Mr. McCash stated that if the sales tax would be increased by .25 percent in all of Union County and Delaware County, not all of that area is serviced by COTA. Mr. Hull responded that it would apply only to the portion of Columbus and Dublin that extend beyond Franklin County into those counties -the sales tax is effective within the cities only. Mr. McCash inquired if the levy would have an automatic termination. Mr. Hull responded that it would terminate in ten years. It is renewable, but would require voter approval. In 1999, the voters approved a permanent .25 percent sales tax levy for COTA, but that is not sufficient to provide services. New bus purchases will soon be necessary. The levy will be necessary to maintain services, regardless of the long-range plan needs. Mrs. Boring stated that COTA does provide service to Westerville and other areas. i ~ However, only Franklin County assumes the burden of increased cost of services to a greater area. Mr. Hull responded that he understands the concern. Unfortunately, there is no way for j! COTA to address that issue. Their levy is limited to their taxing district. Mrs. Boring inquired what other financing mechanisms COTA has considered. Mr. Hull responded that he is not a COTA employee, but from his observation, he is aware i that teams from the Chamber of Commerce worked with staff on increasing management and purchasing efficiencies and they have made significant progress. The Columbus Dispatch, Business First, Greater Columbus Chamber, Dublin Chamber and many other ' i, i entities have endorsed this levy. Mayor Chinnici-Zuercher noted that she serves on the COTA Citizens Advisory Group as ~ well. She believes COTA has worked very hard to reduce costs to the extent possible. ~ They have reduced the number of runs and some of the low-volume locations. However, there is also a need to expand lines and service to some areas, such as Dublin, to facilitate i economic development in those areas. Vice Mayor Lecklider noted that if the cost of gas continues to rise, use of the COTA service may increase. Typically, he is reluctant to endorse additional taxes; however, this is a replacement levy which will ultimately benefit the City of Dublin during a period of economic development. Therefore, he endorses the levy. Mr. McCash inquired why the existing levy could not simply be made permanent. If not, he ~I, suggested that the new levy be made permanent, so that the level of funding is actually I, II increased by .25 percent. Mr. Hull noted that if the levy is approved, COTA intends to accomplish some of the service I ~ increase by next May. Vote on the Resolution: Vice Mayor Lecklider, yes; Mr. Keenan, yes; Mr. Reiner, yes; Mrs. III Boring, yes; Mayor Chinnici-Zuercher, yes; Mr. McCash, yes; Ms. Salay, yes. Mayor Chinnici-Zuercher thanked Mr. Dunn for his excellent advocacy for COTA. II Resolution 76-06 ~I Authorizing the City Manager to Enter into a Contract with The Ohio State I, j University for Placement of Masters of City and Regional Planning Candidates as Interns with the City of Dublin. Ms. Salay introduced the resolution. I Ms. Brautigam stated that one of the hallmarks of the City's Planning department is that for years, it has made use of interns through the City and Regional Planning Program at OSU. Many of the interns are eventually hired by Dublin as planners. This year, OSU II has a new program, which will change the City's relationship with the interns. it Ms. Noble, Senior Planner, stated that OSU provides the opportunity for work ' li experience to its students through this intern program. This not only complements the students' academic program, but also provides Dublin additional workforce in its I I, RECORD OF PROCEEDINGS Minute of Meeting DAYTON LEGAL BLANK, INC.. FORM NO. 10148 October 16, 2006 Page 8 Held 20 Planning department. The two primary users of the program are the City of Dublin and the City of Columbus. This year, the University has proposed some changes to its agreement. The incentives for Columbus and Dublin are that the cities would continue to receive primary selection of the students enrolled the program, and those students would be guaranteed a tuition waiver. Other communities not entering into an agreement would not be afforded the same opportunity. The objective of the University is two-fold: • To limit the number of tuition waivers to students in the program; and • To recoup some of the costs of the tuition waivers that are awarded. Although the City does rely on the program, staff does have some concerns with the proposed terms of the agreement: • The City would be funding some of the overhead costs. Of the contract cost of $37,000, $7,900 would be in overhead costs. • Under the agreement, the hours the student is allowed to work for the City would be limited to 20 hours/week. Currently, there is no limit. Due to the fact that students perform work for evening meetings and attend those meetings, it would be difficult to limit the hours to 20 per week. • Limiting the tuition waiver could impact the type of students the University will attract. Currently, the City already employs three of the four available intern positions. To honor the tuition waivers the University has with those students, staff recommends enterin into the agreement with the caveat that the City and ill, 9 the University continue to work to resolve the identified issues. Mayor Chinnici-Zuercher stated that she has several questions. Under the current arrangement, are the interns paid and do they receive credit for the work? Ms. Noble responded that they are paid positions, but the students do not receive 'i i academic credit for participation. Mayor Chinnici-Zuercher noted that, typically, universities grant credit hours for the work ~i I experience. That is the theory behind the arrangement the tuition is waived because 'i'~, the credit is being earned through on-the-job training. Ms. Noble responded that she has stands corrected staff has just indicated to her that credit is received for the work. it h r received. r of cred ou s Mr. Keenan inquired the numbe Mr. Gunderman stated that he believes it is three hours, but he will verify that. Mayor Chinnici-Zuercher inquired about the number of hours weekly that an intern typically works. ~ Ms. Noble responded that the average is 23-26 hours per week. Mayor Chinnici-Zuercher inquired whether the interns are paid on an hourly basis, and if so, is there a maximum to which the City has agreed . Ms. Noble responded that the interns have been paid hourly with no maximum in place. Mayor Chinnici-Zuercher inquired if payment is made directly to the student. Ms. Noble responded that, currently, the wages are paid directly to the student by the City. Under the proposed contract, the University would receive the monies. Mayor Chinnici-Zuercher inquired the current budget for the Planning intern contract. ' Ms. Noble responded that it is $80,835 for the school year program. Mayor Chinnici-Zuercher inquired the reason for the reduced cost, as the proposed contract is for $37,000. Ms. Noble res onded that the new contract would be for three interns not six. III P ~ Mayor Chinnici-Zuercher stated that what she understands is that currently, each intern ~ is earning approximately $12,000. In the future, the University would essentially take 20 percent of that amount. The interns will be negatively impacted and are essentially „ bein held ca tive. If the Cit does not artici ate, the students will not receive the 9 P Y P P tuition waivers, and the University will not generate revenue from the internships. Ms. Noble noted that this is apparently a mechanism for the University to recoup its costs. Mayor Chinnici-Zuercher responded that the University is apparently trying to recoup costs on the backs of the students, who have already paid tuition to attend the university. Internships are part of their education, as this experience prepares the t nt f r nt rin th w rkf r ft r r ti n. Thi r osal m inconsistent s ude o e a e o o ce a e adua o s o see s P P 9 9 ~II I I RECORD OF PROCEEDINGS Minutes of ~~r1i1 ~ ~ ~~~o~~~l Meeting DAYTON LEGAL BLANK, INC.. FORM NO. 10148 October 16, 2006 Page 9 Held 20 with the higher education goal of The Ohio State University. Mr. McCash inquired if the student was paid for their work under the intern program, did they also pay tuition? Mayor Chinnici-Zuercher responded they did not -they received a waiver. Mr. McCash stated if Dublin participates in the new arrangement, the student will receive ~ a tuition waiver, but OSU wants Dublin to charge an overhead fee. Mayor Chinnici-Zuercher clarified that what she understands is that Dublin would not be charging a fee. The University will remove it from the interns' pay. Mr. McCash noted that the students would be receiving less of a tuition waiver. Mrs. Boring stated that with these significant concerns, why would Council want to authorize the City to enter into this agreement? Ms. Noble stated that three internships are already filled, and those students have been ~ awarded tuition waivers by the University. However, the University has suggested that they may not honor those waivers, should Dublin not enter into this agreement. Mayor Chinnici-Zuercher noted that the student signed up for the intern program a few months ago on the basis that the University would award them a tuition waiver. It was not upon the condition that the City of Dublin would enter into a revised arrangement. I Mr. Ciarochi res onded that is correct and that is the reason staff recommends approval II P of the agreement for this school year only. The City needs to analyze the options of ~ hiring students from other schools and other programs. Although staff is not in agreement with the proposed changes, OSU has indicated that this is the arrangement, and either the City agrees or OSU will not provide the tuition waivers to those students. ;,~'I ~ Mayor Chinnici-Zuercher inquired how they could do so after the fact. Mr. Ciarochi stated that it is after the fact from the standpoint of those interns who are in their second year. Three additional first-year students would be selected under the new I, agreement. Mr. McCash inquired if there are other participants in this program in addition to Columbus and Dublin? Mr. Ciarochi responded that Columbus and Dublin are the only participants. I~ Mr. McCash stated that there are other universities that have planning intern programs. Mr. Ciarochi responded that is true, but Dublin has not yet explored those options. II~I~ Mr. McCash suggested that Dublin may need to inform OSU that it will seek interns from ~'I another university. Ms. Brautigam responded that may be the best option for next year, but there is not I nl the another option for this year. Three interns will continue under the old program. O y three first-year interns would be hired under the new program. Therefore, the staff recommendation is to agree to the terms for this year only, and to evaluate planning intern programs offered by other universities for the future. i Mr. Keenan stated that if these students who work for Dublin are also attending classes j'~ throughout the school year, it would be difficult to hire students from universities outside the area. i, Ms. Brautigam responded that is the reason the City has not previously considered other i 'II options. I~ Ma or Chinnici-Zuercher stated that some universities structure their pro rams II Y 9 differently, such as the University of Cincinnati, which has co-op programs. . Mr. McCash confirmed that the University of Cincinnati structures their co-op programs ~!i so that the quarter a student is not in classes, they can participate in a co-op program. Mr. Keenan responded that would not be an efficient arrangement for Dublin - with a student working one quarter and attending school the next. Mr. Ciarochi stated that the students can alternate quarters that issue could be worked ~ 'i out. A greater issue is that Dublin's current practice relies heavily on interns for much of the support work that is done for boards and commissions. That is the reason the City is placed in a bind to agree to the terms on a temporary basis. i I I~ I' I RECORD OF PROCEEDINGS _ Minutes Of n ~.iTi~_~ ~~t~8~ •i Meeting DAVTON LEGAL BLANK, INC_ FOAM NO. 10148 October 16, 2006 Page 10 Held 20 Mr. Reiner inquired if Columbus has signed a similar agreement. Mr. Ciarochi responded affirmatively. Mr. Reiner recalled he has had the same experience with OSU with their architect intern program for 30 years. He recently met with the Chairman of the School of Architecture over the same issue to voice concerns that the University does not provide the students with enough credit and encouragement to learn in the actual work environment; they don't support the students financially; and they take a commission from the students' pay. The only way to end this practice is to have all of the contractees refuse to agree to the terms and obtain the opportunity to broker another deal more equitable for the students. However, If Columbus has already agreed to these terms, Dublin is not in a strong position. Mrs. Boring inquired if other entities are using interns from OSU without a new ~I agreement in place. ~ Ms. Brautigam responded that it appears that OSU is attempting to have the largest j users of interns Columbus and Dublin -agree to the terms, and they will then proceed to enter into similar agreements with other entities. Mr. McCash noted that for him, that is sufficient reason not to support this resolution. it Mayor Chinnici-Zuercher stated that she has another concern. The cost of tuition at OSU continues to increase substantially. This would in essence be another increase in tuition for these students. In addition to the six percent tuition increase the OSU Board of Directors recently approved to help with rising administrative costs, they want to take an additional $3,000 from each student for administrative costs. She is outraged with this ~I proposal. She requested that the University have a representative at the next Council meeting to speak publicly about this proposal and explain why they believe the City, the parents and the students should continue to participate in this program. Ms. Brautigam suggested that Council postpone action on the resolution. Staff will contact the individual at OSU who has proposed these changes to the City and ask her ~ to attend the next Council meeting to address these concerns. Wallace Maurer, 7451 Dublin Road inquired about the specific "costs" that the University ICI wants to recoup? Are these overhead costs or what? Mayor Chinnici-Zuercher responded that she is unable to clarify that. Perhaps the OSU representative can do so at the next meeting. Generally speaking, overhead costs are administrative costs. She requested a motion from Council. Ms. Salay moved to postpone Resolution 76-06 to the November 6 Council meeting. Vice Mayor Lecklider seconded the motion. Vote on the motion: Ms. Salay, yes; Vice Mayor Lecklider, yes; Mayor Chinnici- Zuercher, yes; Mr. McCash, yes; Mrs. Boring, no; Mr. Reiner, yes. Mrs. Boring explained that she sees no reason to postpone this item. The resolution i should be defeated and the contract revised. '~I Resolution 77-06 Supporting SmokeFree Ohio -State Issue 5 and Opposing Smoke Less Ohio ~I I ~ Constitutional Amendment -Issue 4. Vice Mayor Lecklider introduced the resolution. Ms. Brautigam stated that approximately two years ago, the City of Dublin, along with other area municipalities, passed legislation prohibiting smoking in public places. That I~'~ created some furor among businesses that typically cater to smokers, such as bars and bowling alleys, and that group of voters has succeeded in collecting sufficient signatures l to place a proposed Constitutional amendment -Issue 4 on the November ballot. In response to that, a group of voters opposed to all smoking in public places and opposed j to Issue #4 has placed a proposed amendment on the ballot -Issue 5 -calling for a statewide smoking ban. She explained that Issue 4 would essentially take away the home rule power of all municipalities within the State of Ohio on this issue. Issue 5 is in support of a state law prohibiting smoking in public places throughout the State of Ohio. If both were to pass in November, Issue 4 would take precedence, thereby nullifying the ordinance passed by the City prohibiting smoking in public places. The citizens' group I RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC., FORM NO. 70148 October 16, 2006 Page 11 Held 20 advocating passage of Issue 5 has requested the City's formal support of Issue 5. Mayor Chinnici-Zuercher stated that she is personally opposed to most legislation that would change the State constitution. The Central Ohio communities that passed smoke- free laws have had great success in implementing them, and she would not want to see that changed at this point in time with Issue 4. Mr. McCash stated that he does not support either option. What he does like about Issue 4 is it would preempt all local jurisdictions, placing everyone on a level playing field. What he doesn't like is all the exemptions and the fact that it would be an amendment to the State constitution. Because Issue 5 permits disparity in local legislation, the only resolution is to have the state preempt this and adopt statewide legislation. Ms. Salay stated that it is an election year, and state legislators will not support that type of action. Mr. McCash stated that he does not understand what the smoke-free indoor air fund would involve. What are the limitations on its usage? Are any tax monies placed into this fund, or is it strictly for fines? Is there any distribution of those funds back to the local municipalities? Are education and/or enforcement measures paid for with this fund? These are all issues for him. Vice Mayor Lecklider stated that, philosophically, he objects to efforts to change the State constitution. In tandem with that, he does not like the effect that it has on the home rule of a municipality. While everyone would prefer that statewide legislation be proposed, that has not occurred. These issues are now on the ballot, and the polls indicate that both may be approved. Due to the reasons he has noted, he would support endorsement of Issue 5. Ms. Salay stated that she agrees with Vice Mayor Lecklider. She objects to the preemption of home rule, which would be the result of passage of Issue 4. It also overlooks the will of the voters in the City of Columbus, who have voted twice to have their city smoke free. She objects to the tobacco industry's attempt to confuse the issue for the voters by using the phrase, "Smoke Less" Ohio. She is in support of Issue 5 as it is written. The community has become accustomed to a smoke-free environment, and citizens appreciate the better air quality. She further suggested that, should Resolutions 75-06 and 77-06 pass, signs be posted in all of the City buildings informing the community of the City's position on those issues. This would enable the citizens to ask questions about those issues and provide the opportunity for Council to explain why they believe those issues are important. She considers herself to be an informed voter, yet she was unaware of two significant considerations, that the COTA levy is in fact a replacement levy, and that Issue 4 would preempt Dublin's home rule. She now believes it is critical to inform the voters of those facts, as both issues have serious ramifications for the City. Mayor Chinnici-Zuercher suggested that the City's website could provide information on Council's position on the issues. The Clerk noted that COTA has requested a press release from the City reflecting Council's support of Issue 7. Mrs. Boring stated that she has a concern about the COTA issue. The "replacement" terminology is misleading. COTA is stating their sales tax levy of .25 percent would simply replace the existing Franklin county levy. This is not accurate, because there is nothing to prevent Franklin county from seeking renewal, and the taxpayers will then pay both. She does not believe it is appropriate for Council to be involved in promoting the issues to the voters. She does object to a Constitutional amendment, but this is not an either/or issue. She agrees with Mr. McCash's objections to Issue 5 on the basis of lack of identification of uses for the fund. Council does not have all the facts. She opposes Issue 4, but Issue 5 lacks important clarifications that she would need before supporting , it. Mr. Reiner stated that he would support Issue 5 due to the history of the smoke-free RECORD OF PROCEEDINGS Minutes of pi Jhlin c`i$~Council Meeting DAYTON LEGAL BLANK INC. FORM NO. 10148 - October 16, 2006 Page 12 Held 20 issue in Dublin and Columbus. The citizens have been provided with a great health benefit that will alleviate much pain and suffering. In addition, he is very concerned about the Constitutional amendment aspect of Issue 4. For those reasons, he would A support Issue 5. Mr. Keenan stated that he also endorses Issue 5. However, posting signs in the City buildings may not be appropriate. Mr. Smith agreed that could be problematic. Several years ago, a school board in Cincinnati endorsed a levy issue and posted signs to that effect. When opponents posted their signage, it was removed. A lawsuit was filed, and the ruling was that if one position is posted in a public place, the opposing view may also be posted. Vice Mayor Lecklider noted that COTA has requested a press release. That would merely reflect a Council action and would be appropriate, Mr. Smith agreed. Vote on the Resolution: Mayor Chinnici-Zuercher, yes; Mr. Keenan, yes; Mr. Reiner, yes; Mrs. Boring, no; Mr. McCash, no; Ms. Salay, yes; Vice Mayor Lecklider, yes. OTHER • OSU Airport Advisory Board Appointments Ms. Brautigam reported that the OSU Airport established an Airport Advisory Board and a Noise Subcommittee in 2005 in an effort to resolve ongoing conflicts between airport activity and neighboring land uses. Currently, she serves on the Advisory Board and Mr. Hammersmith chairs the Noise Subcommittee. A decision has now been made to combine the two groups into one advisory committee, based on some overlap of agenda items. Staff is recommending that Council appoint Mr. Hammersmith to serve as the City's representative and Ms. Ott to serve as the City's alternate representative. This will ensure continued representation on the advisory committee for the airport. Mr. Keenan moved to appoint Mr. Hammersmith as representative to the Committee and Ms. Ott as alternate representative. Ms. Salay seconded the motion. Vote on the motion: Mr. Keenan, yes; Mr. Reiner, yes; Ms. Salay, yes; Mr. McCash, yes; Mrs. Boring, yes; Mayor Chinnici-Zuercher, yes; Vice Mayor Lecklider, yes. • Dublin Arts Council Strategic Plan and Preliminary 2007 Budget -David Guion, Executive Director David Guion, Executive Director, Dublin Arts Council noted that Melanie Hitsman, Board Secretary, Tricia Jarvis, Board President, Carol Argiro, Education Director and Jeffrey Gerber, Treasurer are present tonight. Mr. Guion stated he will address three topics tonight, providing an overview to Council. Additional information is contained in the packet provided to Council. 1. He noted that the Art in Public Places program is a priority for Dublin Arts Council. They have reassessed this program and now understand some of its challenges. They plan to co-curate and install an outdoor exhibition in 2007. Based on information gathered at an Indiana public art tour with City staff, they expect this exhibition will include approximately five art works. He is meeting with City staff on Wednesday to identify potential sites for this exhibition. They have spoken to three curators to assist with this exhibition and will contract with one of them. 2. He showed images from Columbus, Indiana where a successful outdoor exhibition has helped them meet similar goals as Dublin's Art in Public Places program. 3. By curating an exhibit of existing artworks, the timeline for revitalizing Art in Public Places is shortened. The program will be interactive, both online and in person. An added bonus of this project is that the art can be purchased by individual or corporate entities and gifted back to the City to help build Dublin's permanent collection. 4. DAC will continue to develop and enhance the existing permanent Art in Public Places collection. The process, outlined in detail in the packets includes collaboration and communication as the touchstones in each RECORD OF PROCEEDINGS Minutes of n, ,hr„ Meeting DAYTON LEGAL BLANK INC. FORM NO. 70148 October 16, 2006 Page 13 Held 20 step. 5. Public art should invite conversation and exploration. By engaging the community in the selection process, the artwork's meaning -both obvious and hidden -will become part of the dialogue. They look forward to thoroughly engaging Dublin in the exchange. ..~-.y 6. DAC applied for and received afirst-time capacity building grant from the Ohio Arts Council. With this grant, DAC began development of a three- yearstrategic plan. Rather than focusing on the number of transactions in business, the focus is the customer experience. The success of an organization can be measured not just in numbers, but by the stories of those it touches. 7. Their process began more than 18 months ago and has included an examination of DAC's core values, a SWOT analysis, and the creation of a five to ten-year vision that is reflected in the Plan's outcomes. The plan was presented to-the DAC Board on October 3 and is expected to be adopted at the November 14 meeting. 8. Goals, objectives and action steps have been identified. The goals are to foster community engagement in the arts by shaping an arts identity for Dublin; to expand DAC's organizational capabilities to best understand and serve constituents; and to be a catalyst for lifelong learning in the arts. 9. The objectives are outlined in detail in the packets. DAC will carefully analyze their programs and funding sources and is committed to providing varied and meaningful arts experiences for those DAC serves. 10. By critically examining all of their programs and continuing to diversify their revenue streams, they are deepening and cultivating relationships with their primary stakeholders. 11. An important outcome from the strategic planning was the development of anew organizational mission statement. The statement has been refined by a core group of DAC Board Members and was well received by the full Board at their early October meeting. They anticipate its adoption at the November 14 meeting. 12. Their next steps are to solicit feedback from the authorizers. DAC will do this by using a variety of research models that are intended to inform the budget and programming decisions. The Ohio Arts Council has expressed interest in funding phase 2 of this process. 13. To that end, a number of budget scenarios have been discussed with the DAC Board Executive Committee. It is critical to note that no final budget decisions have been adopted by the Board. Although it is only one scenario, one proposal for 2007 includes $75,000 for Art in Public Places. These scenarios, which take into account the mandate from City Council, will be carefully analyzed by the Executive Committee in the coming weeks, with a presentation to the full Board on November 14. DAC will submit its budget to Council after it is adopted by the DAC Board. 14. A few priorities are evident for 2007 programming. The DAC will execute a revised Art in Public Places program as they described at the outset of tonight's presentation. They are pleased to announce that they will fund all community arts grants requests, as they did in 2006. They funded arts organizations in the amount of $13,000 in 2006; next year, these organizations will be funded with an amount that totals nearly $20,000. 15. DAC has met with the DCRC staff to evaluate arts programming being offered by both entities. They are pleased to announce that a receptive and creative collaboration is being developed, with a formal partnership statement being drafted and reciprocal programs being explored. After review, they have determined there is no duplication of services; in fact, the DAC and DCRC programs complement each other. 16. With the DAC's renewed financial commitment to Art in Public Places, it is imperative that the DAC explore creative business models that provide much needed earned income. The DCRC is helping the DAC to explore new business models for classes. 17. They are also collaborating with the Community Relations Department to carefully analyze and evaluate the Art & Music Festival to complement the year-long series of events designed to revitalize Historic Dublin. RECORD OF PROCEEDINGS Minutes of llublin GitTCouncil Meeting DAYTON LEGAL BLANK INC. FORM NO. 10148 October 16, 2006 Page 14 Held 20 18. As they evaluate and refine their programming, the DAC is charged to remain committed to their strategic plan's focus on transformation versus transaction, what is the DAC's emotional connection to its constituents, and how art has changed their lives. He invited Council to read the content of the Arts Connection column slated to run in the October 18 issue of Dublin News. He has placed an advance copy in each Council packet. With continued support from the City of Dublin and a host of other funders, DAC continues to reach out with high impact to all those they touch in the community and beyond. Mayor Chinnici-Zuercher thanked Mr. Guion for bringing Council up to date on the work being done over the past 18 months, and addressing the issues which have been raised by Council Members regarding the future. She asked for confirmation that the DAC Board will make a final decision about the 2007 budget on November 14. Mr. Guion confirmed this. Mayor Chinnici-Zuercher asked if the second phase of the strategic planning has been approved by the DAC Board. Mr. Guion responded that one of the first phase goals is to continue with the second phase. It should be approved on November 14. Mayor Chinnici-Zuercher noted that Mr. Keenan represents Dublin City Council on the DAC Board, and he can share information with Council after the November 14 meeting. Mrs. Boring asked about the timeframe for the exhibit to be in place. Mr. Guion responded that the works will be in place for a year. This will be coordinated with City staff. Mrs. Boring asked about their plans to identify who they serve. Mr. Guion responded that they will identify their constituents, and as part of that, they will survey the group, schedule focus groups, phone conversations, etc. " Mrs. Boring asked if there is any prioritizing of groups. Mr. Guion responded the DAC is requesting $15,000 in funding from OAC and if it is obtained, the focus groups and surveys can be very extensive. Mr. Keenan asked for confirmation that the temporary exhibition is above and beyond the normal Art in Public Places project, or will that be funded in the budgetary process for 2007? Mr. Guion stated there is $25,000 in 2006 allocated for Art in Public Places and that funding will be used for the temporary outdoor sculpture exhibition. Mayor Chinnici-Zuercher stated she is supportive of this concept of the outdoor exhibition. This will serve to reintroduce Art in Public Places to the community and she is hopeful that the exploration with the corporate community will be expanded in terms of the ultimate purchase of these works and donation. She encouraged him to invite developers and landscape architects to the exhibit, as they are interested in pedestrian artwork that could be built into their projects. Wallace Maurer, 7451 Dublin Road stated he was immensely struck by the scope of the dialect taking place at the DAC about fundamental questions and applying it to Art in Public Places. He wonders about the scope of the project that might be undertaken. He recalls the competition for development of the corner of Bridge and High Streets where a - citizen came forward and made a point that the winning project did not really capture something central about the character and history of the City of Dublin. Another citizen expressed concern that he was unaware of the background of meetings that had occurred with respect to the corner. He recalls that the Mayor suggested at the end of that discussion that there would be a future opportunity to comment on that corner. He asked if the corner could accommodate the exhibition? Perhaps it will depend upon the funding available. Mayor Chinnici-Zuercher responded that the Bridge and High project is a development, and it is premature to discuss the type of public engagement that will take place about how public art will be incorporated into the project. Mayor Chinnici-Zuercher stated that the City looks forward to continuing to work with the RECORD OF PROCEEDINGS Minutes of ®ublin ~itT-Council Meeting DAYTON LEGAL BLANK INC. FORM NO. 10148 October 16, 2006 Page 15 Held 20 Dublin Arts Council. • Follow-up Report re Dublin Cemetery Roadway Paving " Mr. Hahn stated that Council previously asked staff to investigate some options to accommodate pedestrians at the cemetery, which would also maintain the historical aesthetics of the cemetery. A report has been provided, detailing some of the options pursued and identifying some of the issues and costs. He can respond to any questions from Council and is seeking direction at this time. Mayor Chinnici-Zuercher commented that she appreciates all of the options that staff has explored, along with costs. She invited Ms. Salay to comment, as she had first brought this matter to Council. Ms. Salay asked about the costs - do they cover only the initial installation? Mr. Hahn responded that is correct. With the current aggregate in place, the average costs of top dressing are $4,000 per year. Ms. Salay asked if all of the options involve higher long-term maintenance costs -above $4, 000? Mr. Hahn responded that is correct. The hard surfaces and compacted aggregate all will cost more than the current surface to maintain. Ms. Salay stated that some of the pavement treatments have an initial cost, but the pavement may last a long time, based upon the amount of traffic, as is the case in the street system. A cemetery would not have a large amount of traffic. Mr. Hahn responded that the streets have curb and gutters and drainage systems built into them, confining the pavement. The main concern with a hard surface in the cemetery is with the unprotected edge of the pavement. a Ms. Salay responded that many streets do not have curb and gutters as well. She is disappointed that the annual maintenance costs are not outlined, as doing nothing to the pathway is not an acceptable option for her. She has had specific requests over the " years, most recently from a church member who lives in Waterford Village. She had understood Council wanted information about the initial costs and long-term maintenance for each of the options. Mr. Hahn stated that it is not possible to predict the maintenance costs until a system is installed. Staff was reviewing upfront costs for a hard surface system. However, if Council wants projections for maintenance over 10 to 20 years, that can be provided. Ms. Salay asked if other Council Members are interested in pursuing this further. If not, she can relay that information to those who have contacted her about this need. For her, the annual cost information is significant as well as the initial installation. Perhaps one of the options may require less maintenance over time. What do other cemeteries do in this regard? Mr. Hahn responded that many cemeteries use asphalt, but that was not pursued because staff did not want to introduce that material to the cemetery. From a cost benefit analysis, it would be preferable, but it would change the historical character of the cemetery. Mr. Reiner noted that the current expense for maintenance is in the range of $2,500 to $4,000 per year, according to staff. He likes the reflective, passive space with gravel pavement. He does not want to open it up to a roadway-type of path, inviting more car traffic. The gravel is permeable and is fitting with the grass-based cemetery site. The ~e~ current surface does not create a drainage problem as a hard surface would do. What is in place now is adequate. He is not in favor of any of the options to improve the surface. Mayor Chinnici-Zuercher asked if Council Members desire additional information on the annual maintenance costs. Mrs. Boring noted that there may be a couple of citizens who have experienced problems with the cemetery pathway, but she has not heard a lot of support for this change. Given the history of some recent projects where people have reacted negatively after a project is underway, she is hesitant to make this change. She believes that negative feedback could be received if changes are made to the character of the cemetery. She is satisfied with the present condition. RECORD OF PROCEEDINGS Minutes of Meeting ~ ~~~y ~~u~ DAYTON LEGAL BLANK. INC., FORM NO. 10148 October 16, 2006 Page 16 Held 20 Vice Mayor Lecklider asked that Mayor Chinnici-Zuercher share her views on the issue. Mayor Chinnici-Zuercher noted she has stated previously that she likes the character of the cemetery as it exists. She understands there will periodically be persons who might have difficulty due to various disabilities, and additional assistance will be needed for them. She has concern about installing a surface that encourages traffic through the cemetery. This is not the purpose of the cemetery. She is aware that some Waterford residents wanted the path paved so that the children could use this venue to travel to the school. That is not what the cemetery is designed for. In many cities, much destruction takes place in cemeteries. In Dublin, traffic is not encouraged in the cemetery, and perhaps this is part of the reason that Dublin has experienced less destruction and vandalism than other cities. For her, she feels the cemetery is fine as it exists. The funeral homes and churches would be aware of when special assistance is needed, and they do make accommodations for wheelchairs to traverse unpaved areas. Mr. McCash commented that his concern is that there is not enough information ~ provided. The City is required to provide accessibility provisions for all public facilities, and currently, that does not exist in the cemetery. He does not know how those rovisions a I to the cemetery, or whether it is exempt because of the historical p Pp Y location. He would be interested in knowing more about that. Mr. Hahn responded that staff could investigate the legal ADA requirements for the cemetery. The cemetery, as a whole cannot be ADA compliant because every grave i site cannot be accessed by the disabled. Whether or not the road system is subject to ~ those requirements, he is not certain. Staff can investigate this further. Mr. Keenan stated there are very few things in the area that appear as they did 100 years ago, and this is one of those items. In view of the expenditures estimated for the Id be made available for options, he wonders if there are special wheelchairs which cou ,i such occasions that would allow access through the cemetery. Perhaps the City could ~~i purchase one and make it available to those using the cemetery. I, Ms. Salay stated that she is aware of three people who have personally contacted her over the years. She will relay all of this information to them and let them know that Council is not interested in making these improvements at this time for the reasons discussed tonight. She can invite them to contact Council if they feel strongly about this issue, or they can attend a meeting. One resident spoke of walking her children to e r Villa throu h the area. Waterfo d troller school, noting it was difficult to push a s g 9 residents do walk their children to school through the cemetery, and anything with wheels has difficulty traversing the path. Mr. Keenan's idea is interesting. She will let the residents decide if they want to pursue this idea further. i' • Update on Natural Gas Aggregation Program ~~i III Ms. Gilger provided an overview on where the program stands. A memo in the packet j !I, indicates that the lock rate has been established at $1.21 for the 2007 term. This is a voter approved program, and is an opt-out program. It has been in place since November of 2003 when the voters approved it. It is a choice program, and while the City strives to be competitive in pricing, there is no guarantee of the lowest price. It does provide a fixed rate for an annual term versus the Columbia Gas rate, which varies monthly. The present COPEC group consists of Dublin, Upper Arlington, Bexley and Gahanna, and Grandview and Hilliard plan to join the COPEC group in 2007. Currently, COPEC represents 26,000 households in buying power. The consortium is managed by American Municipal Power of Ohio, and the gas is currently provided by IGS, a Dublin- based company. Current enrollment figures in Dublin for 2006 are 8,800. There are 3,600 newly eligible households in Dublin at this time. The remaining households are considered restricted -those in default with their Columbia Gas or households that have their own negotiated contract with an independent supplier. There are two different purchasing methods used: single point purchasing and hedging. In 2005, because of n and related roduction shutdown at the time the lum sum urchase was the hurnca es p p P I'III made, the rate was locked in for 2006 at $1.35. This ended up being considerably higher than the variable rate offered by Columbia Gas. She showed graphs depicting ' I the rate history since 2003. The 2007 pricing is coming down, and they hope to have a favorable 2008 lock rate secured by means of hedging. I RECORD OF PROCEEDINGS Minu of Meeting DAYTON LEGAL BLANK. INC.. FORM NO. 10148 October 16, 2006 Page 17 Held 20 Mr. Reiner asked how the City fared overall in 2004 and 2005 with this program. Ms. Gilger responded that the City did very well in the first two years. In 2006, with the market fluctuations experienced, the lock rate was much higher for COPEC. She noted that cold weather will impact the Columbia rates, and staff expects that their price will be close at that time to the $1.21 price locked in by COPEC for 2007. Other contractors offering a lock rate are in the $1.27 range. Compared to other locked-in rate programs, COPEC is very competitive. Mayor Chinnici-Zuercher asked for clarification. Someone currently in the program who chooses to opt out for 2007 cannot be re-enrolled in the program? I Ms. Gilger stated that the 8,800 currently enrolled in the program will receive a renewal notice. The participant is automatically enrolled, unless they choose to opt out. There are 3,600 new households eligible for enrollment who will also be approached to join the Dublin program or to opt out. Mayor Chinnici-Zuercher asked if information will be information provided in the mailing II about the benefits of continuing. She only recently noticed the lower rates being offered to Columbia Gas customers versus COPEC. Ms. Gilger stated that currently, the lock-in rate is $1.35 and Columbia Gas is in the $.90 range. It is a huge difference and it is reflected in the current bills. The letter will explain that the new rate is lower than the current program rate, so the 2007 rate will be significantly lower. It also will provide rate stability, versus Columbia Gas where the rates fluctuate. COPEC provides a constant rate for 12 months. Mrs. Boring asked how someone opts back in the program should they decide to opt out. Ms. Gil er res onded that the letter is sent out annually in mid-October. If someone 9 P t ontractor to su I n inde enden c t out of the ro ram the need to find a pp Y to 0 chooses P P P 9 Y their gas or they will automatically be re-enrolled with Columbia Gas where they will i have a variable rate. In order to rejoin the aggregation program, the resident will have to proactively contact IGS to re-enroll. It is at the discretion of IGS to accept them back ,~I into the program. ~'~''i Mr. Reiner asked if the City will inform the residents about the financial impact of the II~,I program for those enrolled over the past three years in the letter sent out in October? It j, is important to emphasize the total impact over the three years versus the past year. Ali Ms. Gilger responded that this can be communicated via news releases sent by Community Relations. Mayor Chinnici-Zuercher agreed that this message should be communicated by the City. I,' • Assignment Requests from Community Services Advisory Commission t t the Commission has s ent time at the las Ms. Crandall staff liaison to CSAC stated tha p i! two meetings discussing possible assignments for the future. The Commission is requesting that Council refer to them the examination of other programs throughout the country for salvaging of native species on development sites and report back to Council on the potential for such a program in Dublin. Secondly, in addition to the already assigned Community Plan chapters, CSAC has requested that the Transportation i Chapter be referred to them for additional review. They are requesting that the information on this Chapter be forwarded to them at the same time as the Council and I Planning & Zoning Commission, and that they be invited to participate in the joint meetings on this Chapter and report back on their recommendations. She noted that she has discussed this with Planning staff and they have expressed some concern that 'I this could slow the update process for the Plan. in the native Mayor Chinnici-Zuercher noted she has no concern with the request regard g ~ i species salvaging, but would want to ensure this could be accomplished with the current ! staffing and would not ultimately require more staff to manage the volunteers for this program. Ms. Crandall responded she spoke with Mr. Hahn about the staffing aspects, and he concurred that it should be avolunteer-staffed program requiring minimal oversight from paid staff. The program would be volunteer based and they would be the ones 'I salvaging the plants and approaching the landowners. The other part of this process is i 'i maintaining the native species that are salvaged and installed on public land. Some of the programs throughout the country allow for salvaging native species and installing ~I II ii I RECORD OF PROCEEDINGS Minutes of Meeting DAYTON LEGAL BLANK, INC.. FORM NO. 10148 October 16, 2006 Page 18 Held 20 them on private land. The Commission could explore the pros and cons of various ways of handling this. Mrs. Boring stated that she could support referring the exploration of such a program to CSAC, with the direction that such a program be operated within the current staffing, and result in no additional costs to the City. i Mayor Chinnici-Zuercher commented that she would prefer that CSAC concentrate on the two chapters already referred to them, adding that CSAC Members are always welcome to attend the joint meetings. Council and staff are certainly always willing to take their recommendations into consideration. She will not vote to support CSAC having formalized input in view of the impact on the timeframe already established by Council. Ms. Salay agreed. Mrs. Boring commented that there is some expertise in transportation issues on CSAC. She agreed that they should be involved. However, she understands the concerns expressed by staff and Council. She suggested that CSAC be notified of the dates that the Transportation chapter will be reviewed so that they can attend the joint meeting. Mrs. Boring noted that the minutes of CSAC reflect discussion about needed bikepath III links. Are they pursuing this independent of Council's referral of the matter to them? Ms. Crandall responded that she discussed this with Mr. Hahn and that issue will likely I' be reviewed by PRAC. Mr. Hahn added that this topic has traditionally been reviewed by PRAC. Council has received reports from PRAC on a regular basis regarding connections for the bikepath system. It was the consensus of Council for CSAC to consider establishment of a native species salvaging program, to be accomplished within the current staffing and budget and as previously assigned, to review the Community Plan chapters relating to 'I Character/Environment and Community Facilities. It was the consensus of Council not to formally assign the Community Plan Transportation Chapter to CSAC, as that would require modification of the adopted schedule and format established to meet the timeline for the Plan update. CSAC II members are welcome to attend the joint meetings on the Community Plan. • Tara Hill Landscaping Plan III I Mr. Hammersmith stated that when Council approved the Tara Hill Drive traffic calming project bid in June, they requested afollow-up report on the landscape plan for the project. i' Ms. Martin presented the plan, beginning with the illustrations included in Concept 11 as j presented to the Tara Hill Task Force in 2005. Ms. Martin stated that in July of 2006, Savko was awarded the contract for construction and installation of the traffic calming features along Tara Hill Drive. Construction began on July 20, 2006. They are nearing completion now and are ready for the final element of landscaping. She reviewed the presentation made to Council in May of 2005, as I,I drawn by R.D. Zande, depicting before and after the project. She displayed post construction photos of the traffic circles and median islands, bump-outs at mid block and ~ ~I at intersections. The proposed landscaping calls for installation of perennials and ~I shrubs in the interior of the traffic circles and the medians only. They are meant to be i low-lying plant materials, colorful as well as low maintenance. Staff has worked with Parks & Open Space to ensure the plant materials selected will meet the City's ~'~I guidelines for plants along roadways subject to salt damage. Staff is seeking input from Council, and is estimating a cost of $22,000 for the landscape. As the bid threshold is $75,000, staff will seek competitive quotes for this work and, weather permitting, installation should begin this fall. Vice Mayor Lecklider noted some concern with the bump-outs. Is there a need for something vertical in the bump-outs? It would also create the visual effect of narrowing the street. Mr. Hammersmith responded that this has been discussed at staff level. If there is the opportunity to place trees in the bump-outs, that will be done, working with the City I !I RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC. FORM NO. 10148 October 16, 2006 Page 19 Held 20 Forester. It was not the intent to place shrubs or other material in them. The bump-outs will be visible with headlights at night. If a problem occurs, it can be re-evaluated. Vice Mayor Lecklider added that he would envision something requiring no maintenance. Mr. Hammersmith added that many trees were removed as part of the sidewalk program, and some additional ones were removed with the traffic calming project. Therefore, staff would like to install trees wherever possible. It will depend upon the space available. Ms. Salay noted that at the intersection of Post and Avery, there is some plant material in the tree lawn that spills onto the street. It is very attractive and apparently requires little maintenance. There is a similar treatment on Norn Street near the frisbee golf course. This type of planting would help to make the bump-outs be more apparent for drivers. For the longer medians, there was discussion of having some grasses similar to those on Woerner-Temple in Ballantrae, west of the traffic circle. This type of ornamental grass would allow a visual barrier, effectively narrowing the roadway and reducing speeds. This would make the median areas more attractive. Mr. Hammersmith responded staff can investigate this, but part of the concern would be with the height due to the numerous driveway cuts and the need for visibility across the medians. Ms. Salay stated that there was a strategic effort to place the medians in locations where they would not limit residents exiting or entering their driveways. Mr. Hammersmith added that some of the grasses grow fairly tall and would not be appropriate for this location, as they would restrict the line of sight. Ms. Martin added that there are some grasses proposed for the larger median area, but the smaller and medium sized ones will have low-growing shrubs. Ms. Salay noted her concerns with the signage posted in the traffic circles. These are actually traffic calming circles, not roundabouts or traffic circles per se. All of the beautiful landscaping work will be overshadowed by the signage. The landscaping will be covered up and will not receive adequate sun. She understands why the signage is installed on a temporary basis, to educate the driving public. In Franklin, Tennessee, there were small wooden arrows pointing to the right to direct the drivers. She asked that Dublin be creative in addressing this issue. Mr. Hammersmith stated that the signage is in place because of the drivers who choose to go left around the circle. He has personally witnessed this. Staff will err on the side of safety at this point, as the changes are introduced. Perhaps reducing the size of the signs can be considered at a later date. However, there is a desire to have uniformity of signage throughout the City, helping the drivers recognize that the "spider" sign directs them how to travel through the circle. Ms. Salay pointed out these are not modern roundabouts. This is a neighborhood street. In this case, it may be possible to achieve the same result of directing motorists to the right by means of a small arrow. Perhaps motorists who go left around the circle should be cited. Mr. Hammersmith responded that the goal with this project was to have less traffic enforcement, not more on Tara Hill. Staff will review the signage, but he believes this signage is what will soon be adopted as the national standard. Ms. Salay stated that in Dublin, the City finds ways to do things in a more aesthetically pleasing way. If someone travels left around the circle, they need to be cited. Vice Mayor Lecklider stated he finds it difficult to believe motorists traveled to the left because of confusion. In the short term, there may be a need for some enforcement to counteract those who believe it is acceptable to travel left around the circle versus right. Mayor Chinnici-Zuercher noted that Janice McCormick, 5854 Tara Hill called the Clerk late today indicating she could not attend tonight, but asked that the Mayor raise some questions on her behalf. She participated and attended the Task Force meetings. Ms. McCornick's question relates to the replacement of the street trees removed along Tara Hill and when that will occur. Ms. Martin responded that the City Forester is responsible for implementing the tree replacement. She is likely waiting for trees to be dug before installing them this fall. Typically, trees are not dug until after they are dormant. A potential issue is that the fields must be fairly dry to allow the digging. She believes the majority of these trees are to be replaced yet this fall. RECORD OF PROCEEDINGS Minutes of ^.ubtEn-.jit~TGeunsil Meeting DAYTON LEGAL BLANK INC. FORM NO. 10148 October 16, 2006 Page 20 Held 20 Mr. Hammersmith stated that his understanding is the same. Mayor Chinnici-Zuercher clarified that the replacement can be done this fall, assuming the ground is dry enough to dig the trees. Ms. Martin stated that this is dependent upon the nurseries being able to dig the trees. It is difficult to predict an exact timeline. Mayor Chinnici-Zuercher asked for confirmation that if the trees are not replaced this fall, they would be replaced in the spring. Ms. Martin responded affirmatively. Mayor Chinnici-Zuercher noted that the landscaping plan and the tree replacement should be publicly communicated in some way, as there have been many inquiries about this. Some residents were not aware that the discussion would take place tonight. It appears that the staff recommendation for the landscaping is generally consistent with what was previously communicated to the residents and recommended by the Task Force. The tree issue has been somewhat controversial, in view of the amount of trees removed in conjunction with the two projects. Mr. Hammersmith stated that he will follow up with Ms. Chope on the best way to communicate this information to the residents. Mr. Hammersmith noted that Concept 11 did include sidewalk installation near Fallen Timbers Drive. Staff will defer that installation until next year due to difficulty in obtaining right of entry from the residents to do the work. The installation will require grading within the yards, and less than 50 percent have responded to date. One of the issues is that some of the residents' trees and landscaping will be impacted. There is quite a grade difference between lots, so it will require more grading than anticipated, given the lot elevation variations. Staff needs more time to work with the neighborhood to complete this portion of the project. ' Mayor Chinnici-Zuercher stated that in the memo, it states that $22,000 is available for landscaping, but the replacement of trees removed with this project is being handled by the City Forester and Parks & Open Space. Should she assume that the $22,000 does not include the replacement of trees? Ms. Martin responded affirmatively. Mayor Chinnici-Zuercher asked for the cost estimate for tree replacement. Ms. Martin stated she will have to check with Ms. Chope. Mr. Hammersmith estimated the cost as between $5-10,000. There were not many trees removed as a result of the traffic calming project, although there were many impacted by the sidewalk repair program. Mr. Keenan asked if the trees take out as a result of the sidewalk repair program will be replaced using funding from the tree replacement program. Mr. Hahn stated that there are no funds available in the tree replacement program at this time. The monies would come from the general fund. Vice Mayor Lecklider noted that whatever was recommended for the sidewalk installation near Fallen Timbers was the consensus of the Task Force and subject to Council action. The sidewalk, however, was viewed to be a welcome amenity to the homeowners. If the residents are not supportive of the installation of the sidewalk, he would not want to force it upon them. Mr. Hammersmith commented that the sidewalk installation has not been well received. ~--y Staff will report back on this after further work with the residents. Ms. Salay suggested that the Task Force members be informed about the fact that this issue has come up with the residents. Some of them were strong advocates of the sidewalk installation and would have a sense of the neighbors' desires. Mr. Reiner agreed that he would support the consensus of the neighborhood on this matter. Mr. Hammersmith responded that staff will contact the Task Force about this matter. Mr. Hammersmith reported regarding the mailbox issue. Two weeks ago, a City inspector was stopped by the mail carrier regarding two mailboxes adjacent to median islands. Her concern was having access and blocking the lane while delivering mail. The inspector agreed to have staff investigate this and move the mailboxes if necessary. RECORD OF PROCEEDINGS Minutes of Meetin DAYTON LEGAL BLANK. INC., FORM NO. 10148 October 16, 2006 Page 21 Held 20 Last week, the post office sent out several notices to those with mailboxes in the vicinity of median islands and instructed them to relocate their mailboxes. Staff was not aware of this step, which brought about a strong reaction from the affected residents. On I Friday, upon receiving some calls from residents, staff spoke to residents and assured them that staff would work with the post office to resolve this. Mr. Saunders met with the post office officials and learned that there are 17 mailboxes that they want to be moved due to the potential for blocking traffic while delivering mail around the median islands. Staff will have further discussion with post office officials, as the residents have concerns with the placement requested by the post office. If the mailboxes must be moved, the City will pay for this. Vice Mayor Lecklider asked if the mail will be delivered to the residents prior to resolving the issues. Mr. Hammersmith responded he does not know. As of Friday, the post office indicated ~ they would not deliver mail to the residents. Ms. Salay stated that it would be important that residents continue to receive their mail at ' the residences until this issue is resolved. ICI Vice Mayor Lecklider noted that the notice received on Friday indicated that effective Saturday, the residents would have to pick up their mail at the post office. j~ Mr. Burns commented that Dean Saunders contacted him today in regarding to having III Streets & Utilities staff relocate the 17 mailboxes. Staff will begin this work on Wednesday evening. Ms. Salay asked to what location the boxes would be moved -the one specified by the post office? Mr. Burns res onded that Mr. Saunders met with the su ervisor and the ost office has P p P ~ selected and staked the sites. Mayor Chinnici-Zuercher stated that if tax a er funds will be used to move the pY mailboxes, it is more important that they be relocated to where the post office will deliver ! the mail versus whether the resident agrees with the location. ' Mr. Hammersmith stated that the purpose of the meeting today was to balance those concerns to have the mail delivery resumed in an appropriate location for the post office, while addressing resident concerns about placement of the mailbox. I~ j' Ms. Salay stated that when traveling behind a school bus, mail carrier or utility truck on a major roadway, a motorist must follow the vehicle until it is safe to pass. She does not understand the post office's concern about mail delivery on Tara Hill in a similar situation. Their approach does not make sense. ~i Mr. Hammersmith responded that as a federal agency, this would be within the post office jurisdiction and purview. Vice Mayor Lecklider noted he is not certain of whether the post office has taken a firm ! position of needing 30 feet of clearance. This is not applied consistently in other areas, I I~! as is evident throughout the City. He believes that mail delivery in Dublin is very easy to do for the post office, compared with other areas in Central Ohio. Ms. Salay added that vehicles parked along the street would impact the amount of clearance that the post office has indicated they need for mail delivery. ;i Mr. McCash asked when the milling and paving work would be done on Tara Hill. Mr. Hammersmith responded it is to begin this week. Some adjustments had to be made for the intersections. It should all be completed by the end of October. • Appointment of Acting Clerk -October 19-20 it Mayor Chinnici-Zuercher moved to appoint Marsha Grigsby as Acting Clerk for October 19 and 20, 2006 for purposes of legal service. Mr. Reiner seconded the motion. ~ Vote on the motion: Mr. McCash, yes; Mr. Reiner, yes; Ms. Salay, yes; Vice Mayor Lecklider, yes; Mr. Keenan, yes; Mrs. Boring, yes; Mayor Chinnici-Zuercher, yes. COMMENTS FROM STAFF There were no further comments from staff. i I RECORD OF PROCEEDINGS Minutes of Dublin Cit~Council Meeting DAYTON LEGAL BLANK INC. FORM NO. 10148 October 16, 2006 Page 22 Held 20 COUNCIL ROUND TABLE/COMMITTEE REPORTS Mr. Reiner noted there are beautiful ash trees planted all along Hard Road. In view of the ash borer problem which will result in the loss of these trees, he suggested the City plant ~ two-inch trees, including alligator bags for watering, among those existing trees to jump- start the replacement. When the time comes in the future to remove the diseased trees, the replacements will have had some time to grow. There are ash trees of good size along a number of key roadways in the City that will need to be replaced in the future. Perhaps the staff could consider adding the smaller trees, including alligator bags, in between those ash trees that are expected to be impacted by the ash borer. Ms. Martin responded that she will work with Ms. Chope and Ms. Karagory on this. Ms. Salay added that she has observed the ash trees in the City as well and would support this proposal in the budget. Mr. Hahn added that this proposal would have a substantial budget impact, so he will report back on this. If Council is interested in pursuing a program focusing on high profile streets with ash trees, staff will report on the potential budget impacts. Mayor Chinnici-Zuercher summarized that Mr. Hahn will report back to Council on the proposal Mr. Reiner has made. Mrs. Boring: 1. Noted that Mr. Keenan has indicated a Finance Committee meeting is not needed for the cost study update, but there are two items for discussion under Page 3 -Rec Services. Is a meeting needed for this policy discussion? Mr. Keenan responded that this can be discussed at the second reading of the ordinance, as there are only a couple of minor items. Mrs. Boring asked that Council review the two items on Page 3 which relate to Rec fees for school district residents and ball field fees. Does staff need further guidance on these matters? Ms. Grigsby responded that it is not necessary this be discussed in conjunction with the ordinance, but there are policy issues which need to be addressed sometime in the future. 2. Suggested that Council set interview dates for board and commission candidates so that they are aware of the need to be available on the interview dates. Ms. Salay suggested that board and commission members eligible for reappointment should be contacted regarding their interest in continued service. Mrs. Boring noted that her goal is to publicize the interview dates as soon as possible. Vice Mayor Lecklider agreed that the incumbents should be contacted in the next four weeks to learn about their interest in reappointment. Mayor Chinnici-Zuercher asked that some potential interview dates be identified for the 2007 process and that the Clerk contact the incumbents as suggested. Mr. Keenan: 1. Reported that he attended the Dublin Arts Council Board meeting on October 3, as Mr. Guion noted earlier tonight. 2. Noted he attended an employee meeting for the health management program and commended Mr. Harding, Ms. Ruwette and Ms. Hamilton on their efforts. The program was well done and very useful. Ms. Salay commented that the perennials in the City's rights-of-way are absolutely beautiful! They withstand the salt and road conditions and bloom continuously through the growing season, with beautiful color. She appreciates all of the efforts by staff, and she has heard the same from many residents. ,a,..... Manor Chinnici-Zuercher: 1. Reminded Council of the Economic Development Outlloook breakfast scheduled for Wednesday morning from 7 to 9 a.m. at the Golf Club of Dublin and the Annual Civic Association leadership meeting at 6:30 p.m. on Wednesday evening at the same location. 2. Noted that on Monday, October 23 at 3:30 p.m. at the Coffman Pavilion, there will be a dedication of a tree planted in memory of Planner Mary Hunt Newcomb. She encouraged Council Members to attend. 3. Reported she received an a-mail from Gary Bergman, Tipperary Court N., Donegal Cliffs regarding concern about the relocation of a crosswalk at Dunleary. He indicates it has been moved and is now within six feet of traffic along SR 745. Ms. Brautigam responded this was forwarded to Engineering and to Police for response. RECORD OF PROCEEDINGS Minutes of 9ublin Cit~~Council Meeting DAYTON LEGAL BLANK INC. FORM NO. 10148 October 16, 2006 Page 23 Held 20 Mrs. Boring commented that the ADA modifications resulted in the crosswalk relocation. Mr. Hammersmith confirmed this. In anticipation of the resurfacing of the roadway next year, staff provided uniformity of all of the crosswalks along Dublin Road. The original ° crosswalk on Dunleary was placed quite a distance from 745. Staff will follow up with Mr. Bergman. Mayor Chinnici-Zuercher stated that the City definitely needs to respond, as Mr. Bergman reported that the crossing guard has also raised safety issues with the new location. Mr. Hammersmith stated that it may not be possible to immediately rectify this situation. There have been occasions in the past where crossing guards have different views than the Engineering division about the placement of traffic devices. Staff will follow up with the guard and with Mr. Bergman. Mr. Hammersmith provided additional technical information about the ADA compliant ramps and impact on crosswalk locations. Mayor Chinnici-Zuercher noted that the issue is with the way the City communicates with the residents and the school district about why changes are being made. Mr. Hammersmith stated that the "Contact the Director" portion of the web site is the best way to communicate with the Engineering division. This provides a means to respond to residents who have questions. 4. Noted she received a letter from Mark Manus, owner of six twin singles on Monterey Drive who indicates he has been exploring, since January of 2004, some other program to sell his property for redevelopment. He settled upon the Centex Homes proposal and indicates he is not going to invest any additional money to upgrade the properties. The project proposed by Centex, he indicates, will not cost the taxpayers any money. Ms. Salay commented that while Mr. Manns has settled on Centex as his best option, the City cannot be pressured into settling for Centex. In the meeting with the Waterford residents, it is very clear that they are not ready to support that project for a number of reasons. Hopefully, Mr. Manus will reconsider selling to someone else in the future, if the Centex project does not go forward. Mrs. Boring stated that the City has had similar experience in the past, and her sense is that waiting brings a better proposal in the future. Ms. Salay stated that after viewing the properties and looking at the Centex proposal, and seeing a similar project in Columbus of similar scale, she believes Council must decide in the Community Plan process what is desired for this area of Dublin. It may take a long time to achieve the desired project. This area is adjacent to the Historic District, to Waterford Village, and the transportation system in the area could be impacted with any proposal. It is important for Council to obtain what is best for Dublin. Mayor Chinnici-Zuercher moved to adjourn to executive session at 10:24 p.m. for land acquisition, legal and personnel matters. Mr. Reiner seconded the motion. Vote on the motion: Ms. Salay, yes; Vice Mayor Lecklider, yes; Mr. Reiner, yes; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes; Mr. McCash, yes; Mrs. Boring, yes. Mayor Chinnici-Zuercher announced that the meeting will be reconvened following the executive session only for the purpose of formally adjourning. T e meeting was reconvened and formally adjourned at 11:15 p.m. - Mayor -Presiding Officer Clerk of Council