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HomeMy WebLinkAbout09-09-13 Council MinutesRECORD OF PROCEEDINGS ..Minutes of Dublin City Council FORM NO. 10148 Held Meeting 20 Mayor Lecklider called the Monday, September 9, 2013 Regular Meeting of Dublin City Council to order at 6:30 p.m. at the Dublin Municipal Building. ADJOURNMENT TO EXECUTIVE SESSION Mayor Lecklider moved to adjourn to executive session to discuss land acquisition matters (to consider the sale or purchase of property for public purposes), legal matters (to confer with an attorney for the public body concerning disputes involving the public body that are the subject of pending or imminent court action), and collective bargaining matters (preparing for, conducting, or reviewing negotiations or bargaining sessions with public employees concerning their compensation or other terms and conditions of their employment). Vice Mayor Salay seconded the motion. Vote on the motion: Ms. Chinnici - Zuercher, yes; Vice Mayor Salay, yes; Mr. Gerber, yes; Mayor Lecklider, yes; Mrs. Boring, yes; Mr. Reiner, yes. The meeting was reconvened at 7:00 p.m. PLEDGE OF ALLEGIANCE Mr. Gerber led the Pledge of Allegiance. ROLL CALL Council members present were Mayor Lecklider, Vice Mayor Salay, Mrs. Boring, Ms. Chinnici - Zuercher, Mr. Gerber, and Mr. Reiner. Mr. Keenan was absent (excused). Staff members present were Ms. Grigsby, Mr. Smith, Mr. Smith, Jr., Ms. Mumma, Mr. McDaniel, Ms. Crandall, Mr. McDaniel, Lt. Delarnette, Mr. Hammersmith, Mr. Hahn, Ms. Ott, Mr. Gracia and Ms. Bumess. PROCLAMATIONS /SPECIAL PRESENTATIONS Furniture Bank of Central Ohio — Jim Stein, President Jim Stein, President stated that the Dublin community has been a supporter of the Furniture Bank for the 15 years it has been in existence. They have had over 700 furniture donations from residents within this area last year. Unfortunately, poverty remains a challenge in our community. He requests the City's assistance in spreading the word that the Furniture Bank of Central Ohio provides free pick up of furniture. They are in the Dublin area on Mondays. All donated furniture has a new home within two to three days. They appreciate the past support and look forward to future participation with the Dublin community. CITIZEN COMMENTS Wallace Maurer, 7451 Dublin Road, stated that he assumes everyone saw the September 5 edition of the Dublin News He was surprised that the recent death of famous Irish poet and Nobel Laureate Seamus Heaney was not reported. When alive, he was probably the greatest living Irish poet. However, his name did not appear in the local paper, despite Dublin's Irish marketing slogans. When the Dublin Irish Celebration was in the charge of the Festival, they asked Mr. Maurer to search for and identify an eminent Irish person and bring them to Dublin. He contacted Irish poet Eavan Boland and invited her to Dublin. Ms. Boland accepted and later that year, she gave a presentation at the 1919 Building. Fortunately, he had informed OSU of her coming visit, and many from the university attended her presentation; no one from Dublin attended. The following year, Ms. Boland contacted and was subsequently a guest presenter at OSU. He mentions this because the City of Dublin has presented the Dublin Irish Festival in recent years. He checked and the DCVB's marketing materials did not mention Dublin poet, Seamus Heaney. If Dublin wants to be serious September 9, 2013 RECORD OF PROCEEDINGS -Minutes-of- Dublin City Council Meeting DAYTON LEGAL BLANK_. INC., FORM NO. 10 _ September 9, 2013 Page 2 of 9 Held 20 about its " "Irish connections," it should look into those types of marketing prospects. Dublin, Ireland does not take Dublin, Ohio seriously; but it seems that the City of Dublin, Ohio does not take that connection seriously. He suggested that the City look into this. Mayor Lecklider stated that his comments would be taken under consideration. CONSENT AGENDA Mayor Lecklider noted that three items are proposed for action on the consent agenda. He asked whether any Council member requests removal of an item for further consideration under the regular agenda. Mrs. Boring requested that Resolution 49 -13 be moved from the consent agenda to the regular agenda. Mayor Lecklider moved approval of the remaining two items on the consent agenda. Vice Mayor Salay seconded the motion. Vote on the motion: Vice Mayor Salay, yes; Mayor Lecklider, yes; Mr. Reiner, yes; Ms. Chinnici - Zuercher, yes; Mr. Gerber, yes; Mrs. Boring, yes. • Approval of Minutes of 8 -26 -13 Council meeting • Notice to Legislative Authority of New D3A permit for Roca Mar LLC, dba Alegria's Seafood & Mexican Grill, 6549 Perimeter Drive, Dublin, Ohio. Mayor Lecklider noted that Resolution 49 -13 would be considered under the Resolution section of the agenda. SECOND READING /PUBLIC HEARING /VOTE - ORDINANCES Ordinance 66 -13 Adopting the 2014 -2018 Five -Year Capital Improvements Program (CIP). Ms. Mumma stated that this is a request for approval of the 2014 -2018 CIP. At the August 19 workshop, Council reviewed this document in detail. Responses to questions raised by Council at that meeting were provided to Council via email last week, as well as responses to a few subsequent email questions. She noted that Mr. Keenan had requested information pertaining to the Justice Center renovations and additions, specifically the cost per square foot, which was indicated in staff's follow -up report. [At this point, there was a brief recess due to an electrical outage.] Mayor Lecklider reconvened the meeting at 7:25 p.m. Ms. Mumma continued with the overview, explaining that the actual cost per square foot base amount is $230. The new construction is $235 -$245 per square foot and the renovations are $150 -$160 per square foot. Mrs. Boring indicated that she has a question about the Coffman Park Master Plan. At Council's last meeting, it was noted that there is extensive use of the basketball courts. This packet information refers to demolition of the basketball courts, but she does not see a reference in the plan to their replacement. Mr. Hahn responded that he believes the replacement of the courts is to occur in the year prior to their planned demolition - the reference is to hard courts. Ms. Chinnici - Zuercher noted that it is not on the map. Mayor Lecklider stated there is a reference on the plans to the relocation of the skate park. Mr. Hahn asked if she is requesting clarification regarding its funding or its location. Mrs. Boring affirmed that she is inquiring about its location. RECORD OF PROCEEDINGS Minutes of Du blin City Council Meeting INC., FORM NO. 1 0148 Held September 9, 2013 Page 3 of 9 20 Mr. Hahn responded that an exhibit is included with a conceptual drawing of the skate park. In the northern portion of the area, three hard courts are shown — those are basketball courts. The courts below those are tennis courts. The exact configuration will be in the final design details. This exhibit shows the approximate location as well as the ability of the land mass to accommodate the activity. Mrs. Boring inquired if the courts in question are new basketball courts. Mr. Hahn responded affirmatively. Mrs. Boring inquired what year their construction is programmed. Mr. Hahn responded that in 2016, their design is funded; in 2017, implementation is scheduled. Mayor Lecklider clarified that the new tennis courts and basketball courts will be located immediately to the east of the new skate park. Mayor Lecklider thanked Mr. McDaniel for the DubLink and Ignite information in packets, and invited him to comment. Mr. McDaniel stated that the City possesses over 120 miles of fiberoptic infrastructure. Within the City of Dublin, it is heavily concentrated in the commercial district. Some of that capacity is for institutional use; some is leased to various companies who have requested access; some has been leveraged into economic development opportunities and issuance of indefeasible rights to use. Staff proposes to light up a portion of that fiber initially to a 100 - gigabyte backbone, which is rare across the United States. That is anticipated to serve as a backbone to attract certain industry clusters, such as I.T., medical uses and research and development. This has been tested at Dublin's Entrepreneurial Center. A company in Dublin has been beta testing the use by connecting their remote office to the Ohio Super Computer Center over a similar backbone. As noted in the staff report, a presentation was made in Chicago -- a combination of the Ohio Academic Research Network and the Ohio Super Computer Center. Dublin won an award for that presentation on fiberoptic capacity. The intent is to determine the ability to scale that project beyond the Entrepreneurial Center to adjacent buildings. This will make Dublin's buildings very competitive and attract, retain or expand the businesses that want to access that high capacity broadband and speed. Mr. Reiner stated that he understands financial companies are interested in locating in areas with strong fiberoptics, because of security needs. Mr. McDaniel responded that is correct. Battelle is connected via Dublin's fiberoptic system. They will soon announce a prototype project using Dublin's fiberoptic system whereby they have been testing security of data while it is in the pipeline. They are planning to bring this technology to the U.S. The technology is already being used in Europe by financial institutions. Mr. Reiner responded that he heard fiberoptics was gaining popularity in Europe because of its security and was interested in Dublin's ability to take advantage of the opportunity. Mr. McDaniel responded that it is primarily a case of getting the word out. There are cities, such as Riverside, California and Chattanooga, Tennessee -- intelligent communities actually delivering one -gig service to businesses. They are successfully attracting companies. Google is building a fiberoptic system in Kansas City, and proposing to do the same in Provo, Utah and San Antonio, Texas, which operates at a one -gig level. He anticipates Dublin will be able to attract companies who want this type of access. Vote on the Ordinance: Ms. Chinnici - Zuercher, yes; Mr. Reiner, yes; Mayor Lecklider, yes; Mr. Gerber, yes; Mrs. Boring, yes; Vice Mayor Salay, yes. RECORD OF PROCEEDINGS Minutes_of_ Dublin City Council Meeting LEGAL BLANK, INC., FORM NO. 10148 eld 7{ Ordinance 73 -13 Repealing Section 137.08 of the Dublin Codified Ordinances Related to the Regulation of Firearms to Comply with Ohio Law. Stephen Smith, Jr. addressed Council regarding the proposed ordinance. In 2012, Council approved amendments to the Dublin Code to remove provisions relating to firearms, which the City is unable to regulate, based upon conflict with state law. One of the changes made in the 2012 amendments was to add a provision to the Section Council is considering tonight, recognizing the Second Amendment rights of individuals and that in no way is this meant to interfere with those rights. Since that time, staff has been contacted by a number of individuals regarding this provision, specifically arguing that the City does not have the right to regulate this under Ohio law. He pointed out the limiting language, but these individuals continue to object. After reviewing this, and because this area is already regulated in the Ohio Revised Code by the state legislature, repealing this section removes the issue. He offered to respond to questions. Mrs. Boring noted that the Irish Festival was the occasion that brought this issue to the forefront. However, when she attends an event at Nationwide Arena or a football game at OSU, they search bags as well. What is the distinguishing factor in this case? Mr. Smith responded that what has occurred in Ohio over the past several years is that the state legislature has approved comprehensive enactments of state laws, which limit the ability of a city to regulate certain things within the city. The City cannot regulate the ownership, possession or sale of handguns. The City can prohibit the sale of handguns in residential neighborhoods and in areas zoned for agriculture. In commercial areas, the City cannot regulate these. Special events are unique circumstances and the City is looking closely at this issue, given the concerns raised with the policies for the Irish Festival relating to guns. The Irish Festival and Spooktacular are the two City events at issue; the other events are not included in this discussion, as the July 4"' events take place on school grounds and the parades take place on public streets. Staff is looking at City events comprehensively to determine whether there is a way to address the concerns raised by individuals about alcohol being consumed and firearms being permitted. Staff is reviewing Ohio law to determine what options exist for addressing those moving forward. Cities are treated very differently than any other private entity, and the Ohio Supreme Court has ruled against cities twice — once in the Clyde case and in a Cleveland case — stating that cities have no ability to regulate firearms in parks. There is an article in an Ohio newspaper today regarding a city that is fighting this issue. Even if parks are closed for events such as the Irish Festival, if a City is staging the event, the City has no power to regulate people's possession of firearms in that park. The same holds true for the Ohio State Fair, where an individual can carry a gun into the fair if they choose. However, they cannot enter any of the buildings to view exhibits while carrying a gun. The outdoor areas are causing issues under the law. Mrs. Boring asked about Ohio Stadium's ability to regulate this. Mr. Smith responded that under the statute, given that the stadium is a building that houses offices, it is likely that guns can be prohibited. In City buildings, weapons can be prohibited; it is the outdoor areas and parks where the state has in essence tied the City's hands in this type of regulation. Mrs. Boring asked if the Irish Festival were operated under a private entity, could guns be prohibited. Mr. Smith responded affirmatively. That is one exception under the carrying concealed weapons law -- a private entity renting a public park for an event. The private entity could declare the area gun free. Staff is reviewing this issue. The problem from the City's perspective is that there is a trade -off in terms of the liability issues. The City has great immunities in terms of liability, but a private entity renting the facility and hosting the event may have an issue of immunity. Staff is examining all of these issues and will have options provided to Council very soon. September 9, 2013 Page 4 of 9 RECORD OF PROCEEDINGS Minutes-of — Dublin City Council Meeting DAYTO LEGAL BLANK INC., FORM NO 10148 Held September 9, 2013 Page 5 of 9 2( Vice Mayor Salay suggested that the City may want to bring up this matter to its lobbyists and elected state legislators. Mr. Smith responded that the City has done so. He spoke with a state legislator about a possible change in the law. This legislator indicated that, in his opinion, it was very difficult to enact the recent change where bars could prohibit weapons under the D liquor permits. This legislator believes that the chances of enacting other legislation to prohibit carrying weapons anywhere is very unlikely. Staff will continue to pursue that option, but it seems unlikely that legislators will support this change at the current time. Ms. Chinn ici-Zuercher stated that she agrees with Vice Mayor Salay about bringing this forward to the City's lobbyists and representatives. In the past, she voted against the amendments to the gun laws that brought the City in conformance with state law because she personally does not support these laws. She believes it is Dublin's responsibility — regardless of the current climate at the state legislature — to meet with the City's representatives at the state legislature to convey that the City is very disturbed with this kind of legislation. The City brings in over 100,000 people to the Festival each year, families with children, who expect to be free of concern for this kind of situation. Fortunately, the City has never had any kind of incident. This year was the first time that the individuals are pushing the issue at the local level regarding their right to carry guns into parks. She believes that Council should discuss whether they want to pursue a formal meeting with the state representatives regarding these concerns, assuming all of Council can agree to a platform on this issue. Vice Mayor Salay noted that she believes the community sentiment would be opposed to having weapons allowed at the Irish Festival. There is alcohol served at the Festival, similar to the environment in bars. There needs to be common sense exceptions to the gun laws, and this is one. Mr. Smith added that Legal staff tried the Clyde, Ohio case at the Ohio Supreme Court on the principal that there were shared parks between school districts and cities. One could take a gun into a City park — even though it was owned jointly with the school district — but could not take the gun into the land owned by the school district, given the exception for educational facilities. Legal staff argued the case, but lost the case in a 5 -4 decision by the Court. Mr. Smith, Jr. stated that the argument he does not understand, given the home rule amendment, is that the state is allowed to pass uniform rules as it relates to anything. The gun law is not uniform, as each business can make a decision regarding whether or not they want to allow guns in their building. If everyone has the right to make his or her own decision, how does that translate into uniformity across the state? Mrs. Boring added that is it very disturbing, given the things that have occurred in large gatherings throughout the country. It is disturbing that the City cannot take measures to protect the visitors who attend these festivals and events. Mr. Smith, Jr. noted that he has been asked whether the City prohibited weapons at the Irish Festival last year, and the answer is 'eyes." Each of the vendors — food or merchandise — rent space from the City during that time, and as part of their contract, there is a provision where that vendor asks the City to declare that area gun free. Based on the private rental provision, the City was able to prohibit guns. He is aware that Mr. Noice does not support this argument, but that is the basis upon which the City has prohibited guns in the Festival grounds and will be at least one of the bases brought forth to Council in terms of options going forward. Mr. Gerber asked if the City is being asked to repeal this Code section because a court of law has said that the City's ordinance is unlawful. RECORD OF PROCEEDINGS Minutes-of Du blin City Coun cil Meeting DAYTON LEGAL BLANK, INC.. FORM NO 10148 September 9, 2013 Page 6 of 0 Mr. Smith, Jr. responded "no." Legal staff is requesting that Council repeal this section because under the law, the City does not have the right to regulate firearms. Mr. Gerber reiterated the question of whether a court of law has ruled the City's Code as unlawful. Mr. Smith, Jr. responded "no." However, Mr. Noice has indicated that he would continue to press forward with this matter if the City did not take action to repeal the ordinance. Mr. Gerber commented that Legal staff is therefore "carrying Mr. Noice's water." Mr. Smith, Jr. responded that under the law, the City's ordinance is not supported. If contested, the result would be that the City would pay attorney fees as well as any damages. This is already regulated under state law. The manufacture of weapons — the other provision of this ordinance — is regulated by the zoning code. Mayor Lecklider asked Legal staff if their opinion is that repeal of the Dublin statute as it currently reads brings the City's Code into conformance with state law. Mr. Smith, Jr. responded affirmatively. Mayor Lecklider agreed that this matter should be taken up with Dublin's legislative representatives at the state. Vote on the Ordinance: Mr. Gerber, no; Mr. Reiner, yes; Vice Mayor Salay, yes; Mrs. Boring, yes; Mayor Lecklider, yes; Ms. Chinnici- Zuercher, no. Ordinance 74 -13 Authorizing the Provision of Certain Incentives to G -TEKT North American Corporation to Induce it to Locate an Office and Associated Operations and Workforce within the City, and Authorizing the Execution of an Economic Development Agreement. Mr. Gracia stated that there is no additional information to report. G -TEKT Corporation has been in discussions with the City for the creation of 77 new full -time jobs. This new facility will serve as its Research and Development (R &D) facility for the design and development of parts and manufacturing equipment for all its related companies in North America. Present tonight from G -TEKT are Jim Zemet, Vice President of Engineering, Jefferson Industries Corporation; and Hassan Saadat, Vice President of Business Operations. Mr. Zemet Vice President of Engineering, Jefferson Industries Corporation, thanked Ms. Grigsby and Mr. Gracia for attending their kick -off ceremony last Friday at 325 Cramer Creek. He explained that Jefferson Industries is an exclusive Honda supplier. They make the steel structural body parts. The company is owned by G -TEKT Corporation in Japan. The two companies merged two years ago to become an international company. They have approximately $1.7 billion in sales this year, and are now in 25 plants in 10 countries. They currently have one R &D facility in Japan. For many years, all of the research and development for new models has been done in Saitama, Japan. Recently, in recognition that their biggest market is now in the United States, Asian auto makers have begun to transfer these responsibilities from Japan to the U.S. Mr. Iwamura, the North America Honda president, visited the Jefferson Industries plant one year ago, and advised them to be prepared as Honda would be moving development of new cars to Honda's R &D facility in Marysville, called HRAO. Jefferson Industries executives have been preparing, and in April 2013, G -TEKT North America Corporation was legally established. This company will occupy the facility on Cramer Creek, and for the first time, will bring development for Honda's structural components from Japan to the United States, consistent with Honda's efforts to do the same. Approximately 50 employees from the West Jefferson facility and several more employees performing similar jobs at the facility in Japan will be relocated to the Dublin facility. They hope to be able to move with great synergy and speed to develop this company, which will support Honda in its research and development in RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting IAL BLANK. INC, FORM NO. 10148 September 9, 2013 Page 7 of 9 20 he U.S. This is a major milestone for this industry. Their facility is strictly a design and !ngineering facility. All production is conducted at their sister plants. Mayor Lecklider inquired if the intent is to create 77 new jobs in Dublin. Mr. Zemet responded that they would begin with 60 new jobs, and within two to three years, grow to 100 jobs. Mr. Gracia noted that the company's intent is to hold another event next spring. Mr. Zemet responded that they hope to mark three major milestones with one grand opening event next year. They hope to extend an invitation to many Dublin entities at that time. Mr. Saadat, Vice President of Business Operations, stated that 50 percent of the total growth of their operations is in North America. Their practice is to "under promise" and ""over achieve," so they actually anticipate even greater growth. There are other Honda suppliers who are using their company as a benchmark, to see how well they achieve their goal; they may then begin to move to North America. This will be a "flag ship" for all the R &D operations in central Ohio. Vote on the Ordinance Mayor Lecklider, yes; Mr. Reiner, yes; Mrs. Boring, yes; Ms. Chinnici - Zuercher, yes; Vice Mayor Salay, yes; Mr. Gerber, yes. Mayor Lecklider noted that the Resolution considerations would begin with Resolution 49 -13, which Mrs. Boring had requested be moved from the Consent Agenda to this portion of the agenda. INTRODUCTION/ PUBLIC HEARING /VOTE — RESOLUTIONS Resolution 49 -13 Accepting the Lowest and Best Bid for the Brand Road Shared -Use Path Project. Vice Mayor Salay introduced the resolution. Mrs. Boring stated that she is seeking clarification regarding the concrete abutments. Council had stated previously that all future guardrail improvements along this road were to be of wood, consistent with other installations. Mr. Hammersmith responded that the abutments in this project are the reinforced concrete walls that provide the foundation for the pedestrian bridge. Mrs. Boring inquired if any guardrails are being installed with this project. Mr. Hammersmith responded that guardrails are not part of this project. Vote on the Resolution Mr. Reiner, yes; Mrs. Boring, yes; Ms. Chinnici - Zuercher, yes; Vice Mayor Salay, yes; Mr. Gerber, yes; Mayor Lecklider, yes. Resolution 50 -13 Intent to Appropriate a 1.836 Acres, More or Less, Fee Simple Interest; a 0.673 Acres, More or Less, Utility Easement; and a 0.088 Acres, More or Less, Temporary Construction Easement from the Thomas Family Limited Partnership. Vice Mayor Salay introduced the resolution. Mr. McDaniel stated that Resolutions 50 and 51 -13 relate to the acquisition of necessary right -of -way for utility easement and temporary construction easements for Emerald Parkway Phase 8. The goal is to begin construction of the utilities in 2013. There are only a couple of remaining property acquisitions that are necessary. Staff will continue negotiations with the Thomas family in hope of having a real estate purchase agreement rather than an appropriation ordinance on the next meeting agenda. LEGAL BLANK, INC., FORM NO. 10148 eld September 9, 2013 Page 8 of 9 20 _ Meeting Vice Mayor Salay asked for confirmation that if utility construction begins this year, Minutes of construction of the roadway would begin next year. Mr. Hammersmith responded that the goal is to be able to drive on this section of Emerald Parkway a year from now. Vote on the Resolution Ms. Chinnici - Zuercher, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr. Gerber, yes; Vice Mayor Salay, yes; Mayor Lecklider, yes. Resolution 51 -13 Intent to Appropriate a 0.300 Acres, More or Less, Fee Simple Interest with a 0.234 Acres, More or Less, Encumbered as Present Road Occupied from the Thomas Family Limited Partnership. Mr. Gerber introduced the resolution. Mr. McDaniel noted that the information for the previous resolution also applies to this resolution. Vote on the Resolution Mr. Gerber, yes; Vice Mayor Salay, yes; Mayor Lecklider, yes; Ms. Chinnici - Zuercher, yes; Mr. Reiner, yes; Mrs. Boring, yes. STAFF COMMENTS Ms. Grigsby stated that: 1. Information was provided to Council tonight regarding the TiE Ohio International Entrepreneur Award program that will be held September 19 at OCLC. The City has purchased a table. If there are any Council members interested in attending, please contact staff. 2. At the last Council meeting, an update was provided on the Hyland- Croy /Brand Road intersection project. That project is on schedule, with the road re- opening anticipated on Friday. 3. Information was also provided to Council tonight regarding the Post Road closure as it relates to the Coffman Park expansion project, including plans related to notification of the users of that facility. 4. The street maintenance projects are on schedule. The next major area is the Frantz Road /Post Road area. Work has begun on the curbing and the storm catch basins for this project, which will be followed by the re- paving. Within the next few weeks, these road projects will be completed for the year. Vice Mayor Salay asked if Post Road would remain open, given the entrance to the Rec Center is closed. Ms. Grigsby responded that only the entrance to the Rec Center would be closed. COUNCIL ROUNDTABLE /COUNCIL COMMITTEE REPORTS Mrs. Borin4: 1. Inquired why people must walk through the detectors in the lobby before entering the Council meeting — are these metal detectors? Ms. Grigsby responded affirmatively. Lt. DeJarnette added that they would detect weapons. Ms. Chinnici - Zuercher noted that this is a government building. Mrs. Boring requested clarification — the City can prohibit weapons from being brought within the building, but not outside in the park? Ms. Grigsby responded that is correct. 2. Stated that several golf ball public art pieces have been placed throughout the community. Will maps be available identifying the locations of these? Ms. Puskarcik responded that 18 golf ball sculptures have been sponsored, and they are being placed this week, in time for the September 12 Presidents Cup plaza dedication. On that date, a map will be posted online, and copies will be available for distribution. Mrs. Boring asked that the addresses or intersection locations be included in the information. RECORD OF PROCEEDINGS Dublin City Co uncil RECORD OF PROCEEDINGS Dublin City Council Minutes of __ —_ Meeting DAYTON LEGAL BLANK IN FORM NO. 101 48 _ September 9, 2013 Page 9 of 9 i Held 20 Ms. Chinn ici-Zuercher asked about the disposition of the art pieces after the Presidents Cup concludes. Ms. Puskarcik responded that the plan is to remove them in January, due to the winter weather and place them out again when the weather is warm. This temporary art exhibition would be end after the 2014 Memorial Tournament. Those who purchased the art pieces would own them. Mr. Gerber stated that, given what has occurred with the firearms laws, he sees an erosion of Home Rule taking place. It is up to the City's state legislators to debate this and to carry forward the opinions of the City. One item he would like to have further investigated by staff is with respect to the Irish Festival and perhaps St. Patrick's Day events, namely to carve out some type of 501(c)(3) organization to host and manage these activities. It seems that under current law, if the City is not successful in efforts with elected representatives to resolve the gun issues, it could be a way in which to work within this. He encourages legal staff to investigate these options. Mr. Smith responded that staff recently began this research. Staff is looking at balancing this issue with respect to immunity and the insurance coverage available. Staff plans to have a report to Council in the near future. Mr. Gerber stated that he believes that other cities across the country have implemented this 501(c)(3) model for a variety of reasons. Vice Mayor Salav stated that she attended a concert last evening at the Avondale Senior Village. Council was invited, and the residents were delighted that a Council member was present. The residents asked her to share that they are planning various programs at their venue and would like the City Council to be part of their community going forward. Mr. Lecklider followed up in regard to Mr. Gerber's comments and his good suggestion to explore the 501(c)(3) option. With respect to Ordinance 73 -13, he believes that their votes differ, but they are of like mind on this issue. He is disturbed -- and has been disturbed -- by the legislature's continued erosion of a city's rights under Home Rule and, in this example, the resulting inability for a city to regulate weapons in its parks, especially during an event like the Irish Festival. He believes there will be more debate on this topic going forward. ADJOURNMENT The meeting was adjourned at 8:08 p.m. i . Officer Clerk of Council