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HomeMy WebLinkAbout02/03/2003 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 February 3, 2003 Held 20 Mayor McCash called the Dublin City Council meeting of Monday, February 3 to order at 7:30 p.m. in Council Chambers at the Dublin Municipal Building. Mr. Reiner led the Pledge of Allegiance. Roll Call Council members present were: Mayor McCash, Vice Mayor Boring, Ms. Chinnici- Zuercher, Mr. Kranstuber, Mr. Lecklider, Mr. Reiner and Ms. Salay. Staff members present were: Ms. Brautigaum, Ms. Grigsby, Mr. Smith, Mr. Ciarochi, Mr. McDaniel, Mr. Harding, Mr. Wiseman, Ms. Clarke, Ms. Crandall, Mr. Hahn, Ms. Hoyle, Mr. Stevens, Ms. Puskarcik and Mr. Hammersmith. Approval of Minutes of January 21, 2003 Regular Meeting Mayor McCash noted corrections to Page 9 - representatives of Rep. Tiberi's office attended the breakfast, not Rep. Tiberi; and "provision" should be changed to "provisional." Mr. Kranstuber moved approval with the corrections noted. Mr. Lecklider seconded the motion. Vote on the motion: Ms. Chinnici-Zuercher, yes; Mrs. Boring, yes; Mr. Kranstuber, yes; Ms. Salay, yes; Mr. Lecklider, yes; Mr. Reiner, yes; Mayor McCash, yes. Correspondence There was no correspondence requiring Council action. CITIZEN COMMENTS Wallace Maurer, 7451 Dublin Road credited Mrs. Boring who in August/September asked if there was any documentation regarding the firing of Mr. Kindra which Mr. Maurer could review. He has reviewed the documentation, including correspondence which reflects poorly on the Dublin government. Included in the file were sample communication scripts to be used by those in City management in communicating information regarding Mr. Kindra. He noted that a principle was violated which he holds dear - that gentleness should be in direct ratio to the extent of power in dealing with people whom the City believes are inadequate and who should not serve on the City administration. He read from some of the sample scripts in the file. Everyone's response in the sequence of meetings was scripted - the design being to prevent any discussion or give and take by all of the individuals involved, and to forestall any discussion. This scripting reminds him of the type of activity which occurred in the Soviet Union whenever there was a change in power. The firing of Mr. Kindra was dealt with in a brutal and cruel manner. The powers conferred by the Charter to the City Manager to hire and fire could have been tempered with gentleness in this situation. Mayor McCash noted that the time has now expired. LEGISLATION SECOND READING/PUBLIC HEARING - ORDINANCES Ordinance 90-02 Providing for a Change in Zoning for Approximately 14.6643 Acres, Located on the South Side of Woerner-Temple Road, Approximately 1,200 Feet West of Avery Road, From: R-1 B, Limited Suburban District and R-SR, Suburban Residential District Washington Township Classifications) To: PUD, Planned Unit Development District. (Case No. 02-055CP - Woerner-Temple Community Pool, 6363 Woerner-Temple Road) (Applicant: City of Dublin, Jane S. Brautigam City Manager, 5200 Emerald Parkway, Dublin, OH 43017) Ms. Clarke stated that this is a rezoning of City-owned property which was reviewed by the Planning Commission in January. The City has acquired seven parcels on the south side of Woerner-Temple Road, six of which are contiguous. This is a planned unit development for a City park, and includes two swimming pools - the concept of which has been approved by Council. The architectural details are included as part of the package submitted for Council's consideration tonight. P&Z endorsed the project by a vote of 6-0 with the three conditions in the Record of Action dated January 9, 2003. A concern raised by Commissioner Ritchie was about how this would fit into the larger plan for the area. Staff is working on this. Another issue was the potential cost for the roofing material, and a memo has been provided by Mr. Hahn. Council is considering tonight the preliminary development plan and rezoning application. Staff recommends approval with the conditions appended by P&Z. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK lNC FORM NO 10148 February 3, 2003 Page 2 Held 20 Mr. Lecklider noted that he agrees with the comment made at P&Z regarding the location of the basketball courts. Mrs. Boring noted that she had raised an issue regarding the roofing material. She is concerned with $24,000 being used for roofing materials instead of for additional play structures or shade structures. It also sets a precedent for future building. She recommends using less expensive roofing materials and reallocating this money toward other items. Mr. Kranstuber asked if this decision is supported from an architectural standpoint. Ms. Salay responded that the Committee felt that this architectural feature blended with the other structures in the area and with the Ballantrae clubhouse. The committee discussed the fire ratings for insurance and durability. Both are comparable to asphalt shingles. The difference is in the appearance and the cost. Mr. Hahn noted that the desire is to set precedent in the hope of encouraging use of similar materials for future development in the area. Mr. Reiner asked if there is a major insurance cost difference between wood shakes and shingles. Mr. Hahn responded that the insurance costs are based upon replacement value - it does not matter if they are wood or asphalt. The current specifications include fire retardant, fire resistant wood shakes. They must be approved through the building permit process. Mayor McCash added that a commercial building has a minimum classification rating which must be met. Mrs. Boring stated that this is similar to an issue the school board faced, and she believes the average citizen would prefer the more practical asphalt shingles versus the expensive wood shakes. Mayor McCash stated that, while Dublin is not experiencing the budget problems of other cities, it is important to consider the other areas where $24,000 could be used - perhaps in needed traffic signals. There are very nice dimensional asphalt shingles which have been used in other projects and which would provide a similar look. Mr. Lecklider stated that while Mrs. Boring's position has merit, the P&Z perspective of setting a standard for future development along Avery Road is an important consideration. This $24,000 may have an impact in raising the bar for future development in the area. Mrs. Boring stated that Mr. Lecklider is inferring that shake shingles are a better development standard than a high quality asphalt shingle. She is not certain that there is consensus on this. She would guess that over 90 percent of the roofing in Dublin is asphalt. The wood shake shingles age at different rates, and the high quality asphalt gives a very nice appearance. Mayor McCash stated that given the choice, warranties and durability being the same, it makes sense to use the dimensional shingles. Mr. Reiner agreed with Mr. Lecklider, noting that the aesthetics and the visibility of the site are important considerations. He believes spending the additional $24,000 is justified. II Mr. Kranstuber stated that while he doesn't feel strongly either way, he likes the I appearance of shake roofs and agrees with setting a standard along Avery Road. With the future plans to widen Avery and incorporate a boulevard design, it is nice to set a high standard. Ms. Chinnici-Zuercher stated that she favors the appearance of the wood shakes and agreed it does set a standard for the area. Without seeing a sample of the dimensional shingle, it is difficult to agree it will have the same appearance. Mayor McCash stated that the dimensional asphalt shingle provides more depth, but it is not the same look as the wood shake. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 February 3, 2003 Page 3 Held 20 Mrs. Boring stated that this is a three-month facility and $24,000 is a substantial sum. However, it appears that there is support for the wood shakes. Ms. Salay stated that the project is on budget, and she has not seen a dimensional shingle which has a similar appearance to wood shakes. A cedar shake roof will age as will the copper roof. She is comfortable with using the wood shakes. Vote on the Ordinance: Mr. Reiner, yes; Mr. Kranstuber, yes; Mrs. Boring, no; Ms. Chinnici-Zuercher, yes; Ms. Salay, yes; Mayor McCash, yes; Mr. Lecklider, yes. INTRODUCTION/FIRST READING - ORDINANCES Ordinance 11-03 Ordinance Amending Certain Sections of Ordinance 98-96 ("Compensation Plan") Ms. Salay introduced the ordinance. Mr. Harding stated that the legislation adopts a formal pay grade for the software support analyst authorized in the operating budget; provides for reclassification or reassignment of job classifications to different pay grades; and for retitling of some positions. Staff evaluated the software support analyst position and concluded it should be slotted in at Pay Grade 8. In addition, staff re-evaluated several job classifications due to concerns over change in nature of work, evolution in duties and responsibilities or internal equity. Staff is recommending that three positions, Director of Service, Director of Finance and Chief of Police be reassigned from pay grade 12 to 13; that the Volunteer Coordinator be reclassified to a Volunteer Administrator and moved from pay grade 7 to 9; and that the Assistant Clerk of Council be reclassified to Deputy Clerk of Council and moved from pay grade 4 to 6. Staff is recommending adoption at the second reading. Ms. Chinnici-Zuercher requested that the next packet include information about these positions in relationship to other cities that are similar in size and which have a similar scope of responsibility. Mr. Harding agreed to provide this. Ms. Chinnici-Zuercher noted that often when these actions were taken in the past, the City then proceeded to increase those individuals salary substantially. Is that the expectation of what will be occurring with these five positions? Mr. Harding responded that three of the incumbents at the senior staff level are relatively close to the maximum of the existing range. While it will not automatically result in a pay increase, the width of the pay range is expanded. Therefore, at the next opportunity for a merit increase, they may be eligible for a greater increase due to the expanded size of the range. Merit increases will be available over the next couple of years that would not have been available to them prior to the reclassification. There will be a second reading/public hearing on February 18. Ordinance 12-03 Approving a Tax Credit and Economic Development Agreement with Sypherlink, Inc. Corporation and Authorizing, Confirming and Ratifying the Execution of the Agreement. Mr. Lecklider introduced the ordinance. Ms. Brautigam noted that this is a pro forma type of agreement typically entered into by the City in support of economic development. Mr. Kranstuber asked for clarification of how this affects the revenues collected - it makes reference to both income tax and municipal corporate income tax. Mr. Stevens responded that based on the lower number - the municipal corporate income tax the company pays or the payroll withholding tax the City collects - the company will receive a credit for 50 percent. Most of the time, there is no municipal corporate income tax, so the credit is actually "0." This local support is required by state statute. Sypherlink is a technology company that specializes in database development. Mrs. Boring asked if staff could provide a list of the companies for which the City has provided tax credits to date and the total amount involved. Mr. Stevens noted that there has been one company where a credit resulted and he will provide this information to Council for the next reading. Mr. Lecklider noted that the estimate of 90 new jobs over the next three years seems very ambitious. Mr. Stevens agreed, adding that the state negotiated this down from the 120 the company had originally estimated. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 February 3, 2003 Page 4 Held 20 There will be a second reading/public hearing at the February 18 Council meeting. Ordinance 13-03 Repealing Section 150.216 of the Dublin Codified Ordinances to Abolish the Building Construction Appeals Board, and Amending Section 153.231 of the Dublin Codified Ordinances to Provide that the Board of Zoning Appeals Assumes the Duties of the Building Construction Appeals Board. Ms. Salay introduced the ordinance. Ms. Brautigam stated that this is brought to Council in an effort to streamline some of the boards and commissions. The BCAB appointments have been difficult to fill and the Board does not meet often, as few appeals are filed. The thinking is that perhaps its duties could be combined with those of the Board of Zoning Appeals. Training would be provided to BZA to hear these cases, and the ordinance recommends that one of the members of the BZA be someone with architectural training or experience. Mrs. Boring noted concern with the restrictive language that one member must have training or experience in architecture. This may make recruitment difficult. Perhaps there would be more flexibility with, "Council shall make all reasonable efforts to appoint at least one member with qualifvinq experience and/or traininq pertaininq to residential construction. " Mrs. Boring moved to amend the language. Mr. Kranstuber seconded the motion. Mayor McCash stated that Item B (4) refers to the Ohio Basic Building Code. It is now named, "The Ohio Building Code (OBC)." Further, he would suggest adding the phrase, "or other statewide code regulated by the Board of Building Standards." Mr. Kranstuber moved for this amendment. Mrs. Boring seconded the motion. Vote on the two amendments: Ms. Chinnici-Zuercher, yes; Mr. Kranstuber, yes; Mr. Reiner, yes; Ms. Salay, yes; Mayor McCash, yes; Mrs. Boring, yes; Mr. Lecklider, yes. Mr. Kranstuber moved to dispense with the public hearing. Ms. Chinnici-Zuercher seconded the motion. Vote on the motion: Mr. Kranstuber, yes; Ms. Salay, yes; Mrs. Boring, yes; Mr. Lecklider, yes; Mayor McCash, yes; Mr. Reiner, yes; Ms. Chinnici-Zuercher, yes. Vote on the Ordinance: Mr. Lecklider, yes; Ms. Chinnici-Zuercher, yes; Mr. Kranstuber, yes; Mr. Reiner, yes; Ms. Salay, yes; Mrs. Boring, yes; Mayor McCash, yes. Ms. Chinnici-Zuercher asked about notification to the present BCAB members. Ms. Brautigam stated that Mr. Price is in the process of contacting them about the change and suggesting they apply for the BZA. Ms. Chinnici-Zuercher suggested a letter from Council explaining the details and thanking them for their service. The Clerk will send this acknowledgment to the BCAB Members. Mr. Kranstuber stated that he was impressed with the quick turnaround by staff on this streamlining effort. INTRODUCTION/PUBLIC HEARING - RESOLUTIONS Resolution 04-03 Amending Resolution 01-03 Establishing the Development Code Revision Task Force by Revising the Membership of the Task Force to Include Ten Members, Three of Whom Shall be Members of the City Council. Ms. Salay introduced the resolution. Ms. Brautigam stated that this amends the membership from nine to ten, in order to allow three members of Council to serve on the Task Force. In addition, Council interviewed candidates earlier tonight and appointments will be made by resolution at the Special Meeting of February 10. Council is also charged with appointing a Chair for this Task Force, and she suggested they give this consideration prior to the February 10 meeting. Vote on the Resolution: Ms. Chinnici-Zuercher, yes; Mrs. Boring, yes; Mr. Kranstuber, yes; Mr. Lecklider, yes; Ms. Salay, yes; Mayor McCash, yes; Mr. Reiner, yes. Resolution 05-03 Designating the City Manager as the City's Official Representative and Authorizing the City to File a Grant Application with the Ohio Public Works Commission Clean Ohio Conservation Fund. Ms. Salay introduced the resolution. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 February 3, 2003 Page 5 Held 20 Ms. Grigsby stated that this legislation allows submission of a grant application for funding through the Clean Ohio Conservation Funds. Staff has submitted information for the pre-screening process which was held today. Through the last process, staff learned of the need to demonstrate a greater amount of community support for such projects. Staff is now in the process of obtaining letters of support. Mr. Lecklider asked what the City's financial contribution would be, if this grant were approved. Ms. Grigsby stated that the City's contribution would be approximately $70,000. Vote on the Resolution: Mr. Kranstuber, yes; Mr. Reiner, yes; Ms. Chinnici-Zuercher, yes; Mayor McCash, yes; Mrs. Boring, yes; Mr. Lecklider, yes; Ms. Salay, yes. STAFF COMMENTS Sidewalk Repair and Replacement Policy Ms. Crandall stated that over the past few years, the City has included a small amount in the budget for sidewalk repairs - generally done in response to resident complaints or as part of the annual street maintenance program in cases where repairs were obviously needed. In the spring of 2001 , a comprehensive review was done by the City regarding the need for citywide sidewalk repairs. The cost of repairs is estimated at $166,000 This number will grow based on the new subdivisions being added to the City. In addition, staff has some liability concerns about potential injuries on sidewalks in disrepair. Therefore, staff is recommending that the City revert back to the requirement in the Code that property owners be assessed for sidewalk repairs. The City would bid the project in portions of the City, provide notice to residents of the repairs to be done and the assessment, and proceed with the repairs. Mr. Reiner stated that this is a good idea. He was surprised to learn that the City had been undertaking these repairs - other cities require residents to pay for them. Ms. Chinnici-Zuercher agreed with Mr. Reiner, but asked how far in advance residents are notified that their sidewalk is on the list to be repaired. Ms. Crandall responded that these repairs have been done as part of the street maintenance program, but she is not certain how far in advance notification is given. Ms. Chinnici-Zuercher asked what the average cost to a resident for these repairs would be. Mr. Hammersmith responded that the cost would be $125 per square, and most repairs are of one or two squares. Ms. Chinnici-Zuercher urged the City to provide as much notice in advance as possible. When is the City reimbursed by the property owner? Ms. Grigsby stated that when the repairs for a section of the City are completed, Finance would send out a bill to the property owners. Estimates can be provided to the property owner of the costs prior to initiation of the project. Mr. Reiner stated that if the City does the project on a large scale, it would lower the costs. Will the contractor have to pay prevailing wage? Ms. Crandall responded that the contractor would have to pay prevailing wage. Mr. Reiner stated that having one contractor would provide a uniform project. Mr. Lecklider asked what standards are used to determine whether a sidewalk needs to be repaired. Mr. Hammersmith responded that safety concerns are considered; displacement of % to /i inch; cracking; and heaving. The ADA standard is % inch displacement - anything more than that is not considered ADA compliant. Mr. Lecklider noted that his property is included on the list. Mr. Hammersmith added that residents often have difficulty in securing a contractor for this type of work at a reasonable price. Mr. Reiner asked about the City's liability for a sidewalk in disrepair. Mr. Smith responded that the City has sovereign immunity. Mayor McCash asked what the City spent in 2002 for sidewalk repair. Ms. Crandall stated that in 2001, the City spent $12,587 in response to calls from residents and in areas where resurfacing was underway. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INCH FORM NO. 10148 February 3, 2003 Page 6 Held 20 Mayor McCash stated that he has some concerns: (1) these are public sidewalks and, in essence, this is a hidden tax to an individual to repair City property for use by the public; (2) in terms of ADA, Title 2 issues and accessible routes, it is the City who is required to provide ramps and accessible routes - residents should not be burdened with the cost of this City responsibility. If the City changed the ordinance to take on the responsibility for sidewalk repairs, the repairs would be done more regularly and properly. He is not certain that there is a big liability issue at present, especially with the City's immunity. Mr. Smith stated that the liability does not relate to who pays for the repairs. Under ADA, the City is responsible only for providing an entrance to the sidewalk in order to ensure access. Mr. Lecklider commented that he understood that the necessary repairs would be undertaken a quadrant at a time. Would this repair involve tearing up the old sections and replacing them? Mr. Hammersmith stated that, typically, it does require removal and replacement of the sidewalk. The goal would be consistency and quality in the replacement process. If the homeowner prefers to bid the project himself, that would be acceptable, assuming it meets the City's quality standards. Mrs. Boring stated that she is very uncomfortable with considering this tonight, as it represents a radical change from the previous practice. She is not certain that the repairs should be phased in. Mayor McCash stated that Council has received e-mails regarding street trees and tree lawns where the roots interfered with the sidewalks. It will not be possible to have the cross slopes meet the ADA guidelines. This may be where a lot of the sidewalk repair is needed. Ms. Crandall stated that staff discussed this and the determination was that the City would pay for the costs where the street trees are the cause of the cracking and heaving. Mayor McCash stated that perhaps consideration should be given to the adequacy of the tree lawn width. Mr. Hammersmith stated that the tree lawn width has been increased from 5 to 7 feet in the last couple of years, and efforts are made to select species with deeper root structures. Mr. Lecklider asked how concrete bikepaths would be handled, such as those in the front yards along Tullymore. These are wider and will be more expensive to replace. Mr. Hammersmith responded that at the time the house is constructed, it is a cost associated with the house and runs with the property. A distinguishing policy has not been made about bikepaths which are typically four feet wider than sidewalks. Mr. Kranstuber stated that he agrees with Mrs. Boring and Mayor McCash about a change in current policy. Mr. Reiner noted that repairs which are listed on the schedule should be taken care of as soon as possible. There is no reason to phase these in. Citizens are expected to maintain their properties, and other cities require that citizens keep their sidewalks in repair. Mayor McCash stated that Dublin does not use other cities as benchmarks - Dublin provides a level of services that exceeds those in other communities. If the City has the ability not to pass along these costs, it should not be done. This is a service that people expect in Dublin. Mr. Kranstuber stated that he would consider having people pay for sidewalk repairs when the City begins to charge $3 per bag for trash collection as Upper Arlington does. Personally, he would be shocked to receive a letter from the City about an assessment for sidewalk repair. Mayor McCash stated that if the City spends tax dollars on aesthetic issues, it should pay for the cost of sidewalk repair. If sidewalk repairs have been provided in the past, and the RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK. INC.. FORM NO. 10148 February 3, 2003 Page 7 Held 20 City now wants to begin passing these costs on to the residents, a disservice has been done to the community. Ms. Chinnici-Zuercher asked for clarification of what is needed from Council. Ms. Brautigam stated that staff is seeking direction from Council. The current Code and state law requires that the City charge residents for sidewalk repairs. This has not been the City's practice, nor has it been the practice to repair citywide but rather, on a complaint driven basis. The time has come to plan for repairs on a citywide basis, and for this reason, a policy is needed. Mr. Smith stated that Dublin is a home rule charter city and does not have to comply with state law in this regard. Continuing to pay for sidewalk repair will not affect the City's immunity. The City's insurance carrier has some concerns with the policy, but these will be addressed by staff. If it is Council's desire to adopt a new policy, the ordinance can be amended. Ms. Chinnici-Zuercher recommended that if the City plans to revise the Code to have the City pay for sidewalk repairs that a formal policy be adopted about the criteria for repairs. A clause should be included which allows a citizen to register a concern about the sidewalk on his property. She has a concern with the fact that the City has identified a list of sidewalk repairs needed, which may result in additional liability for the City if they are not repaired quickly. Mrs. Boring commented that there is no ranking of the sidewalk repairs on the list similar to that provided in the street maintenance program. Mayor McCash stated that perhaps some of these are greater than % inch and should be prioritized. Ms. Brautigam recommended that if Council wants a different policy, staff will return with a policy for adoption, based on the concerns expressed tonight. Ms. Salay noted that the more she has heard of Council members' concerns, she is convinced that Dublin should provide sidewalk repair. The City has repaired sidewalks in past years, and if the policy changes, it will take a tremendous communication effort to let the residents know of this change. Is the plan to repair all of the sidewalks on the list in the next construction season? Mr. Hammersmith stated that staff was seeking policy direction prior to making any plans about implementing the program. Mayor McCash moved that the City make whatever policy adjustments or changes in the ordinance necessary in order to have sidewalk repair and replacement covered by the City in the street maintenance program. Mrs. Boring amended the motion to further direct staff to bring back a policy that addresses the issues discussed tonight, leaving the options open in terms of the annual street maintenance program to be presented by staff at a later date. Mr. Kranstuber seconded the amended motion. Ms. Chinnici-Zuercher asked if this would include asphalt bikepath along SR 745 which serves as a sidewalk in front of some residences. Mr. Hammersmith stated that this particular path would be maintained as a capital project. Mayor McCash amended his motion to include sidewalk and/or bike path for the policy. Mrs. Boring seconded the amended motion. Vote on the motion: Mr. Kranstuber, yes; Mr. Lecklider, abstain; Mayor McCash, yes; Ms. Salay, yes; Ms. Chinnici-Zuercher, yes; Mrs. Boring, yes; Mr. Reiner, no. Request for Fee Waiver - Dublin Coffman HiQh School After Prom Party Ms. Brautigam noted that this is a request for a waiver of fees related to the after prom party. The fee being waived will range from $1200 to $1800. Mr. Kranstuber moved approval. Mr. Reiner seconded the motion. Vote on the motion: Mrs. Boring, yes; Mr. Kranstuber, yes; Mr. Reiner, yes; Ms. Chinnici- Zuercher, yes; Mayor McCash, yes; Mr. Lecklider, yes; Ms. Salay, yes. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FOAM NO 10148 February 3, 2003 Page 8 Held 20 ReQuest for Fee Waiver - Dublin Scioto HiQh School Work Study Appreciation Breakfast Mayor McCash noted that the total amount of fee to be waived is $165. Ms. Salay moved approval. Mr. Kranstuber seconded the motion. Vote on the motion: Ms. Salay, yes; Mrs. Boring, no; Mr. Reiner, yes; Mr. Lecklider, yes; Mayor McCash, yes; Mr. Kranstuber, yes; Ms. Chinnici-Zuercher, no. Status of Connection to the Public Water and/or Sewer Systems Ms. Brautigam stated that in the past, the City has extended water and sewer lines and approved ordinances requiring hook-up by adjacent property owners. The maps show each parcel which abuts the new lines, and indicates which lots are undeveloped; which ones have obtained a waiver; and those which have tapped into the water and/or sewer, Of 103 parcels, 16 property owners have had no contact with the City - they have ignored all prior communication from the City. Staff is recommending that the City attorney be directed to send a letter to those property owners notifying them of a time within which they must rectify the situation. If they do not respond, the City will take further legal action. Ms. Chinnici-Zuercher noted that the vast majority did comply with the requirement and expectations. She agreed that the Law Director should send a letter to the remaining 16 property owners. Mr. Kranstuber asked what type of communication effort has taken place. Ms. Grigsby stated that prior to installation, notice was given to residents that Council was considering a requirement to tap into the water system and that a requirement already exists to hook into the sewer system. After the contract was awarded for the project, a letter was sent to the property owners explaining the costs for hook up and letting them know the process for obtaining a waiver. Once the lines were constructed and available for hook-up, another letter was sent to the property owners to notify them. Mr. Kranstuber asked how a new owner of a property would be aware of this situation, Ms. Grigsby stated that staff could check into this. Mr. Kranstuber stated that perhaps a letter could be sent from the City once again, and if there is no response in 30 days, then the Law Director could follow up. Ms. Brautigam stated that she could send another letter to the property owners in case there are residents who recently purchased a property. It would request that the property owner contact the City within 30 days about their intentions. After that time, the Law Director can send a letter. Mrs. Boring noted that there are some residents who have paid their tap fees but who are experiencing difficulty in securing a contractor for the work. Mr. Hammersmith stated that these are private agreements between the homeowner and the contractor, but the City can provide them with some contact names. The consensus of Council was for the City Manager to send another letter to the 16 residents. Independence Dav and Bicentennial Celebrations Ms. Brautigam stated that the State of Ohio Bicentennial Commission is requesting that Central Ohio cities use the term "Bicentennial Boom" in advertising the July Fourth celebrations. Staff believes this will cause confusion between the Dublin and Columbus celebrations and is recommending that the City of Dublin use the phrase, "Proud Participant of the Bicentennial Boom" in the advertising and promotion, but not in the title. There was no objection from Council. OSU Airport Proposed Runway Extension Proiect Mr. Lecklider noted that he is familiar with the airport, having lived near the airport at one point. Ms. Salay has raised concerns about potential impact on Dublin neighborhoods to the west. He has always been amazed with the development permitted in the vicinity of the airport. He has concerns with the impact on Llewellyn Farms and other southwest neighborhoods. He doubts there is much recourse, but thanked staff for continuing to monitor the situation on behalf of Dublin residents. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 February 3, 2003 Page 9 Held 20 Mr. Hammersmith provided a brief summary of his report, noting that the airport's goal is to continue to accommodate corporate and recreational traffic. There are no plans to add any cargo flights. Investiaation of alternatives followinQ a P&Z Action There was no further comment regarding this item. COUNCIL COMMITTEE REPORTS/COUNCIL ROUND TABLE Mr. Lecklider noted: 1. The meeting with residents regarding the Rumpke pilot program is scheduled for Wednesday, February 5 from 6 to 8 p.m. at the Rec Center. This should be noted on the calendar. Ms. Brautigam stated that staff will attend this session and will be happy to handle this briefing with the residents. 2. Council has recently received a number of e-mails regarding dangerous intersections in Dublin. He noted that the intersection of Cosgray and SR 161 is very dangerous - with a high-speed and large volume of young drivers related to the sports facilities. He asked that staff investigate whether or not the City has any control or influence in future plans for signalization or could request improved signage alerting drivers of this situation. 3. In view of the sidewalk discussion, it is interesting that the Dublin Code requires that sidewalks be kept free of snow and ice. He is not certain that residents are aware of this requirement, and perhaps they could be reminded of this obligation in city communication pieces. 4. He recently tried to exchange/return some Christmas gifts purchased at the Rec Center and found it was not possible for them to issue a credit card refund. The City does not have the ability to provide a refund other than by check. Ms. Brautigam stated that staff would check into this situation. Ms. Chinnici-Zuercher: 1. Attended the Randall Arendt presentation, along with some P&Z Commission members and staff. The program was very worthwhile, and she was encouraged by the Commission's interest in this unique and different approach to subdivision design. 2. Recently attended a Columbus City Council meeting and noted that Columbus added a substantial amount to their budget to cover expenses related to the cancellation of the mutual aid agreement with Washington Township for fire and EMS services. 3. Congratulations to Bernard Cattrell, Washington Township Fire Department who recently received the George Meany Award for scouting and labor leadership. Mavor McCash: 1. Reminded Council about the invitation to the State of the Schools program on February 12 at Dublin Scioto High School Performing Arts Center. 2. Asked if the noise wall along 1-270 is still planned for Dublin. Mr. Hammersmith noted that staff would check on this. Staff Comments (continued) AQQreQation of natural Qas and electric Mr. McDaniel noted that staff would like to make Council aware of an opportunity and seek direction. He reported that at the next Council meeting, staff would like to propose legislation that would certify to the ballot in May electric opt-out and natural gas opt-out aggregation. He and the City Manager attended a meeting on Friday where they heard a presentation from the Northeast Ohio Public Energy Council regarding aggregating of natural gas and electric. He has held meetings on this topic with other Central Ohio communities over the past year, and there is now interest in moving forward. The concept is that the residents would have an opportunity in May to vote on whether they want the City to aggregate on their behalf for natural gas and electric. If this were approved, negotiations would commence for agreements and residents could choose to enroll. Staff is seeking direction from Council tonight about moving forward to place this on the ballot for May. It would require approval of legislation at the February 18 meeting in order to meet the Board of Elections timeframe. There are four opt-out aggregators in Central Ohio - Upper Arlington, Bexley, Gahanna and Reynoldsburg. He apologized for the timing, but believes that the residents should have this opportunity. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK. INC., FORM NO. 10148 February 3, 2003 Page 10 Held 20 He will provide a staff report with details and the legislation necessary to place the issue on the May ballot for the February 18 meeting. Mr. Reiner asked about the potential savings for consumers. Mr. McDaniel stated that it varies - NOPEC experienced a six percent savings for residential electric and five percent for commercial; and five percent for natural gas. Ms. Brautigam pointed out that that the savings is related to the commodity portion of the bill, not the distribution charges. So the actual percentage of savings relates to only a portion of the bill, not the entire bill. Mr. McDaniel noted that AEP's electric rates are quite competitive, so the savings may not be the same level as that experienced by NOPEC. Mayor McCash moved to adjourn to executive session at 9:30 p.m. for personnel matters relating to board and commission appointments and labor negotiations. Mr. Reiner seconded the motion. Mayor McCash noted that the meeting would be reconvened following the executive session only to formally adjourn. Vote on the motion: Mayor McCash, yes; Mr. Lecklider, yes; Mrs. Boring, yes; Mr. Reiner, yes; Ms. Salay, yes; Ms. Chinnici-Zuercher, yes; Mr. Kranstuber, yes. The meeting was reconvened at 10: 15 and formally adjourned. ~~~ Clerk of Council