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HomeMy WebLinkAbout02/18/2003 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 February 18, 2003 Held 20 Mayor McCash called the Dublin City Council meeting of Tuesday, February 18 to order at 7:00 p.m. in Council Chambers at the Dublin Municipal Building. Mrs. Boring led the Pledge of Allegiance. Roll Call Council members present were: Mayor McCash, Vice Mayor Boring, Ms. Chinnici- Zuercher, Mr. Kranstuber, Mr. Lecklider, and Ms. Salay. Mr. Reiner was absent (excused). Staff members present were: Ms. Brautigaum, Ms. Grigsby, Mr. Smith, Mr. Ciarochi, Mr. Harding, Mr. Hammersmith, Mr. Hahn, Mr. Stevens, Ms. Clarke, Ms. Heal, Ms. Puskarcik, Ms. Hoyle, and Mr. Dunn. Approval of Minutes of February 3, 2003 Regular Meeting Ms. Salay moved approval of the minutes as submitted. 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; Mayor McCash, yes. Correspondence There was no correspondence requiring Council action. CITIZEN COMMENTS Wallace Maurer, 7451 Dublin Road: (1) Asked for clarification from the Law Director that there are six categories for executive sessions permissible under state law - personnel, land acquisition, legal matters, collective bargaining, discussion of matters required to be kept confidential by federal law or state statutes, and review of specialized details of security arrangements. Mr. Smith confirmed that these are the general topics - the exact language is contained in the Ohio Revised Code. He will provide a copy to Mr. Maurer. (2) He understands that Council at their recent study session rejected Section 3.06(d) of the Revised Charter. He believes this clause would have constituted a "blank check" to any rogue government that would take power in future years. Further, the clause was unconstitutional, reaching beyond the shrinkage of rights. He praised Council for their stance on this matter and suggested Council singly and collectively make public pronouncement of their position. This City will then become a "glorious beacon" to other municipal governments who have such a clause in their Charters. Mayor McCash clarified that what Council agreed upon was not rejection of Section 3.06(d) of the Charter, but rejection of the introduction of an ordinance that would add economic development as a topic for executive sessions. Mr. Maurer urged Council to set into motion removal of Section 3.06(d) from the Charter at the next election. Request for License Fee Waiver - Lucky Leprechaun Ms. Brautigam stated that a request for waiver of license fees was received last week from Dr. Ballard. He called this morning to request consideration at tonight's meeting. Unless Council objects, she suggests they consider this now instead of later in the meeting to accommodate the applicant. Mr. Kranstuber asked for clarification - in one portion of the letter, the applicant requests a three-month waiver, which he assumes translates to an extension of time to pay the fee. Ms. Brautigam stated that Code Enforcement Supervisor Greg Jones had suggested that instead of requesting a waiver, the applicant request an extension of time to pay. Upon checking the Code, she found no authorization for such an extension and felt it would not be fair to grant one applicant such an option when others are required to pay the fees at the time of application. Therefore, the applicant has requested that Council hear his request tonight. Dr. Steven Ballard. owner of The Lucky Leprechaun stated that he battled to secure this space at the Dublin Village Center from the developers who were intentionally withholding a lease from him. It has cost him a lot of money to complete this project, and no funds remain for advertising. He needs some assistance from the City. He has hired a staff of 45 high school students, and has support from the Dublin Schools, the Police, and the Fire Department. He is requesting a three-month waiver of the $1,100 amusement license fee. He is not certain what will happen after three months. The facility is beautiful and a community asset which he has worked on for 2-1/2 years. His only remaining RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 February 18, 2003 Page 2 Held 20 financial assets are his children's trust accounts which he does not want to use. Although this was an existing use building, he was required to pay a $2,400 fee for Planning & Zoning Commission review. He also was required to pay a $1,100 amusement device license fee. He has met all of the City's requirements, but now needs financial and advertising assistance. This business is a tremendous asset to the City in a center which is 80 percent unoccupied. The City staff has been very supportive, but he is requesting a three-month waiver of the $1,100 fee. Mr. Kranstuber stated that he is pleased that a business has opened in Dublin Village Center. However, there is no legal mechanism to waive the amusement device license fees. Is it possible to instead waive a portion of the P&Z review fee already paid? These fees have been waived in the past for unusual circumstances. In light of the problems with the landlord and the desirability of having a viable tenant, he would like to find a way to provide some relief. Mr. Smith stated that as a home rule government, Council could by motion waive either of the fees. There is no mechanism for the Administration to do this. In this case, there is economic distress and the applicant is seeking some type of assistance. If Council chooses to do something, the basis would be the economic distress of the Center. Mayor McCash stated that he would have concern with waiving the amusement device license fee - it would give an advantage to one business over another. What type of review was required by P&Z? Mr. Lecklider agreed with Mr. Kranstuber, noting that he understands the position the City Manager has taken in this matter. He is also uncomfortable with waiving the amusement device license fee. Perhaps $1,100 of the P&Z review fee could be refunded on the basis Mr. Smith has suggested. Mrs. Boring stated that she does not recall specifics of the review at P&Z. Her concern is with other small businesses in the City who may want relief in financial hardship situations. Many businesses in Dublin are struggling. While Council wants to see the Center rebound, it is important to be cautious so that the City is not inundated with such requests. Mr. Kranstuber stated that he recalls that the City subsidized the Dublin Village Tavern to help revitalize that portion of the City. There are appropriate cases in which this type of assistance is justified. Mayor McCash stated that from his standpoint, the license fee must be paid. The review and fee paid to P&Z, however, may have been unnecessary as there were no external changes to the building and no change of use. Perhaps this could be refunded to the applicant. Ms. Chinnici-Zuercher asked why a P&Z review was necessary. Ms. Clarke responded that she is not certain of the particulars of this case, but she believes that the conditional use in place for the building had expired and therefore another conditional use application and review was required. Conditional uses are tied to the business owner and expire if not used after a period of vacancy. Mr. Kranstuber stated that whether it was in error or whether the City was technically correct in requiring an application, it is the same or a very similar use. He urged Council to find that the review was unnecessary and approve a refund of the fees. Ms. Chinnici-Zuercher moved that, on the basis of the particular business being a similar business to the prior business located in the facility that the P&Z review fee be refunded to Dr. Ballard. Mr. Kranstuber seconded the motion. Mrs. Boring noted that BJ's had a conditional use for gas pumps which have now been removed. If another applicant wants permission to have gas pumps, would this be considered a similar situation? Ms. Chinnici-Zuercher stated that in BJ's case, the gas pumps have been physically removed and construction would be necessary. In this case, no external change has taken place other than the name. So she believes the situation is different. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC., FORM NO. 10148 February 18, 2003 Page 3 Held 20 Mrs. Boring moved to amend the motion to include the basis that there were no external changes to the building other than name change. Ms. Chinnici-Zuercher accepted the amendment. Mr. Lecklider moved to amend the motion to include the fact that Council is taking this action because of the state of economic distress of the Dublin Village Center. Ms. Chinnici-Zuercher accepted the amendment. Mr. Kranstuber seconded the amended motion. Vote on the motion: Ms. Salay, yes; Mr. Lecklider, yes; Mayor McCash, yes; Ms. Chinnici- Zuercher, yes; Mr. Kranstuber, yes; Mrs. Boring, yes. Mr. Kranstuber asked if Ms. Puskarcik has been in contact with this business owner. In the past, the City has been supportive of new local businesses. Perhaps it is more appropriate to link him with the Dublin Convention & Visitors Bureau for promotional purposes. Ms. Puskarcik stated that the City seeks opportunities to partner with local and regional businesses - usually in the form of a sponsorship or in some sort of trade which would benefit both the City and the business. In addition, the business could be promoted through existing channels, such as the DCVB. Mr. Kranstuber recommended that Dr. Ballard join the Dublin Chamber of Commerce for networking purposes. LEGISLATION SECOND READING/PUBLIC HEARING - ORDINANCES Ordinance 11-03 Amending Certain Sections of Ordinance 98-96 ("Compensation Plan") Ms. Brautigam stated that the amendment changes the pay ranges of certain positions in the City. At the last hearing, Council requested additional information about comparable positions in other cities. Mr. Harding has provided that information and can respond to questions. Mrs. Boring asked about the total volunteer hours per year for the Dublin volunteer coordinator position. Mr. Harding stated that in terms of the NAVPLG survey, the total volunteers per year data for Dublin would be 3,000; the total volunteer hours per year would be 33,000; and the full-time equivalent is 15.8. Those three statistics exceed those of others in the survey. Mayor McCash asked if this kind of information is available for Westerville or nearby cities where they have a volunteer coordinator. Mr. Harding responded that, as reflected in tables A and B, there are not a lot of comparable positions in this geographic area. There were a couple of positions identified which are housed in the Recreation area or positions which are part-time. He does not have the data requested for Westerville. Table B provides an "apples to apples" comparison as it includes the value of the pension pick-up. Vote on the Ordinance: Mrs. Boring, yes; Ms. Chinnici-Zuercher, no; Ms. Salay, yes; Mayor McCash, yes; Mr. Lecklider, yes. 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. Ms. Brautigam stated that Council requested information about other companies which were given tax credits, and what the total payments have been. Mr. Stevens' report indicates that only one company has been eligible for the tax credit and it was in the amount of $6,400 in 2001. Mrs. Boring suggested that the language in Article 2 of the agreement be clarified in future agreements. Vote on the Ordinance: Mr. Lecklider, yes; Ms. Salay, yes; Mayor McCash, yes; Ms. Chinnici-Zuercher, yes; Mrs. Boring, yes. INTRODUCTION/FIRST READING - ORDINANCES Ordinance 14-03 Enacting and Adopting a Supplement to the Code of Ordinances of the City of Dublin, Ohio. Ms. Salay introduced the ordinance. Ms. Brautigam stated that this is a regular process of updating the codified ordinances. The supplement is done by American Legal Publishing. RECORD OF PROCEEDINGS Minutes of , DublinCjt~ .CQuncil .. ..l\1:~~ti?g DAYTON LEGAL BLANK CO.. FORM NO 10148 February 18, 2003 Page 4 Helr1 19 Mr. Lecklider asked about the costs of this service. The Clerk responded that it is approximately $3,000 to 4,000 for each update - the Code is updated twice a year. The fee also includes the Folio update for the web site and Word updates for those who have an online Code. The cost varies each time with the number of pages requiring modification. Ms. Chinnici-Zuercher moved to dispense with the public hearing. Ms. Salay seconded the motion. '-- Vote on the motion: Mrs. Boring, yes; Ms. Salay, yes; Mr. Lecklider, yes; Mayor McCash, yes; Ms. Chinnici-Zuercher, yes; Mr. Kranstuber, yes. Vote on the Ordinance: Mrs. Boring, yes; Mr. Lecklider, yes; Ms. Chinnici-Zuercher, yes; Ms. Salay, yes; Mayor McCash, yes; Mr. Kranstuber, yes. Ordinance 15-03 Accepting the Lowest/Best Bid tor the Stormwater Management System Maintenance Program - General Construction Services Contract 2003. Ms. Salay introduced the ordinance. Ms. Brautigam stated that this is the annual contract for stormwater maintenance and is an important part of the City's National Pollutant Discharge Elimination System process. Staff has worked with this contractor previously and recommends them. There will be a second reading/public hearing at the March 3 Council meeting. Ordinance 16-03 Accepting the Lowest/Best Bid tor the Right-ot-Way Maintenance-North 2003 Project in the City ot Dublin. Ms. Salay introduced the ordinance. Ms. Brautigam stated that this relates to acceptance of the lowest/best bid for the right- of-way maintenance project. Ms. Salay asked in regard to Ordinances 16-03, 17-03 and 18-03, what were the ..., budgeted amounts? Mr. Hahn responded that the two maintenance projects had a budget of approximately .,- $600,000. During the operating budget hearings in November, staff indicated that they would not have a solid number until the bid process was completed and that the budgeted amounts may need to be adjusted. At this point, the projects will be done for substantially under budget. Ms. Salay noted that last year, a lot of plant material was lost due to the drought, especially in the southwest. What are the plans for replacement of this plant material, and will the City be required to pay for replacement? Mr. Hahn stated that much of that was under guarantee and will be replaced by the contractor. In addition, there was a lot of miscellaneous landscaping around the City which was lost during the drought, and the City will have to pay to replace these. Ms. Salay asked about the plans for irrigation this year. Mr. Hahn stated that there is no specific plan in place. Some of the areas do have irrigation or readily accessible water. Other areas do not have water and require that it be tanked to the site - this is not financially feasible. Most years there is not a large loss of newly installed trees - it averages eight percent. The standard warranty for plant material is one year. Mr. Kranstuber asked about the pine trees at Norn and Woerner-Temple - is there an additional year of warranty if they must be replaced again? Mr. Hahn stated that each time a replacement is planted, there is a one-year warranty. There will be a second reading/public hearing at the March 3 Council meeting. >>:, Ordinance 17-03 Accepting the Lowest/Best Bid tor the Right-ot-Way Maintenance-South 2003 b', '" Project in the City ot Dublin. Mr. Lecklider introduced the ordinance. There were no questions. There will be a second reading/public hearing at the March 3 Council meeting. Ordinance 18-03 Accepting the Lowest/Best Bid tor the Right-ot-Way Landscape Installation - 2003 Project in the City ot Dublin. Ms. Salay introduced the ordinance. Mrs. Boring commented that she is pleased that there is adequate time for two readings of these ordinances. There will be a second reading/public hearing at the March 3 Council meeting. RECORD OF PROCEEDINGS Minutes of .. JJub.!in.CityCQUOQiL...... .. .,JY:I~~~iIlg DAYTON LEGAL BLANK CO., FORM NO 10148 February 18, 2003 Page 5 Held 19 Mayor McCash introduced Ordinances 19-03, 20-03, 21-03, 22-03, 23-03, 24-03; moved to waive the Rules of Order and read them by title only. Mrs. Boring seconded the motion. Vote on the motion: Mayor McCash, yes; Mr. Kranstuber, yes; Mr. Lecklider, yes; Ms. .'"'-''''' Chinnici-Zuercher, yes; Ms. Salay, yes; Mrs. Boring, yes. The Clerk of Council read the titles of the Ordinance into the record: Ordinance 19-03 ~-,"",,", Authorizing All Actions Necessary to Effect a Governmental Electric Aggregation Program with Opt-Out Provisions Pursuant to Section 4928.20 of the Ohio Revised Code and Article XVIII Section 4 of the Ohio Constitution and Directing the Franklin County Board of Elections to Submit a Ballot Question to the Electors of the City of Dublin; to Waive Public Hearing; and to Declare an Emergency. Ordinance 20-03 Authorizing All Actions Necessary to Effect a Governmental Electric Aggregation Program with Opt-Out Provisions Pursuant to Section 4928.20 of the Ohio Revised Code and Article XVIII Section 4 of the Ohio Constitution and Directing the Delaware County Board of Elections to Submit a Ballot Question to the Electors of the City of Dublin; to Waive Public Hearing; and to Declare an Emergency. Ordinance 21-03 Authorizing All Actions Necessary to Effect a Governmental Electric Aggregation Program with Opt-Out Provisions Pursuant to Section 4928.20 of the Ohio Revised Code and Article XVIII Section 4 of the Ohio Constitution and Directing the Union County Board of Elections to Submit a Ballot Question to the Electors of the City of Dublin; to Waive Public Hearing; and to Declare an Emergency. Ordinance 22-03 Authorizing All Actions Necessary to Effect a Governmental Natural Gas ""', . Aggregation Program with Opt-Out Provisions Pursuant to Section 4929.26 of the Ohio Revised Code and Article XVIII Section 4 of the Ohio Constitution and ....'" Directing the Franklin County Board of Elections to Submit a Ballot Question to the Electors of the City of Dublin; to Waive Public Hearing; and to Declare an Emergency. Ordinance 23-03 Authorizing All Actions Necessary to Effect a Governmental Natural Gas Aggregation Program with Opt-Out Provisions Pursuant to Section 4929.26 of the Ohio Revised Code and Article XVIII Section 4 of the Ohio Constitution and Directing the Delaware County Board of Elections to Submit a Ballot Question to the Electors of the City of Dublin; to Waive Public Hearing; and to Declare an Emergency. Ordinance 24-03 Authorizing All Actions Necessary to Effect a Governmental Natural Gas Aggregation Program with Opt-Out Provisions Pursuant to Section 4929.26 of the Ohio Revised Code and Article XVIII Section 4 of the Ohio Constitution and Directing the Union County Board of Elections to Submit a Ballot Question to the Electors of the City of Dublin; to Waive Public Hearing; and to Declare an Emergency. Ms. Brautigam noted that Mr. McDaniel, who has worked on this program has been excused from tonight's meeting due to an illness in the family. Greg Dunn of Schottenstein, Zox and Dunn is present to respond to questions. She noted that she and Mr. McDaniel met earlier this month with a number of other cities who are II"" considering forming a Council of Governments whose primary purpose would be to enter into contracts with electrical generators or natural gas suppliers to provide those raw materials to the constituents of the Council of Governments. All of those interested - in forming such a Council would be "opt-out aggregators." In northeast Ohio, there is a Council of Governments formed by a number of cities who are opt-out aggregators of electricity; they are working on natural gas aggregation at this point. They spoke with the cities in Central Ohio about their program. The cities in Central Ohio of Upper Arlington, Bexley, Reynoldsburg and Gahanna are considering forming a Council of Governments and staff would like Dublin to participate. In order to be eligible to do so, the voters must approve the City being an opt-out aggregator of electricity and an opt- out aggregator of natural gas. Should these issues be approved by the voters, the City will have the opportunity to join with the other cities to form a Council of Governments and to proceed with agreements to effect the programs. If the Council of Governments is successful in securing the suppliers at favorable rates, the citizens will have several RECORD OF PROCEEDINGS Minutes of QubJinCilyC.o.uncil... .. .,..'.....mN. !Y!~~~~~g DAYTON LEGAL BLANK CO.. FORM NO 10145 February 18, 2003 Page 6 Held 19 chances to opt out. They will automatically be enrolled if they do not opt out. The City will provide the communication to educate the citizens about the programs. Emergency action is required on the ordinances tonight in order to meet the deadlines for the May 6 Special Election ballot. Greq Dunn. Schottenstein. Zox and Dunn stated that these ordinances place the issues on the ballot to give the City the authority to assemble an opt-out plan. If approved, a :-, plan would be assembled by staff, possibly with the Council of Governments. There would be public hearings and a vote to approve such a plan, after which notice would be sent to all of the citizens about their ability to opt-out of the program. The gas and electric companies would also send a notice to the citizens about their ability to opt-out. Tonight's action does not adopt a plan but provides the authority to place the issues on the ballot. Ms. Chinnici-Zuercher asked for clarification - does this mean that another company other than AEP could potentially provide a lower bid to provide service to citizens? Does the Council of Governments work together to negotiate a contract with one provider? What is the requirement regarding percentages of citizens who opt in versus opting out? Mr. Dunn responded that northeastern Ohio did negotiate for one contractor, but it does not necessarily have to be done that way. The City would negotiate with the providers about percentages required for opt-in. Some companies do all of the administrative work to secure the contracts. Ms. Chinnici-Zuercher asked who will be responsible for educating the citizens about aggregation in preparation for the ballot in May. It is a complicated concept and calls for a variety of methods to educate the public. Ms. Brautigam stated that the City of Dublin would do this, specifically Mr. McDaniel and Ms. Puskarcik. If Council approves the ordinances tonight, a plan will be drafted very quickly. Mrs. Boring stated that she shares the concerns about educating the public for the issues on the May ballot. Does the City have the resources to undertake this effort? Ms. Brautigam stated that the City has the staff resources for this effort. Ms. Salay asked about the expense related to this election. Ms. Brautigam stated that the cost is approximately $20,000 for the three counties. The communication plan will involve staff time and print media, and is estimated to cost in the range of $5,000. Mr. Lecklider asked, assuming this is successful, if there will be potential conflicts with gas choice programs or similar programs for electricity? Mr. Dunn responded that there are issues to be considered, and staff will review this in drafting a plan and agreements. Per the statute, a resident is allowed to opt-out regardless of existing contracts. Staff must be cautious in the second phase, as the City is effectively buying "futures" in gas and electric. Mr. Lecklider asked if it is envisioned by virtue of tonight's action that the City is in favor of these programs, and will this be reflected in the campaign? Ms. Brautigam stated that her approach would likely be to provide factual information, not to advocate for or against a ballot question. Mr. Lecklider and Ms. Salay agreed with this approach. Mayor McCash moved to dispense with the public hearing for Ordinances 19-03, 20-03, 21-03, 22-03, 23-03, and 24-03, and to treat them as emergency legislation. Ms. Chinnici-Zuercher seconded the motion. Vote on the motion: Mrs. Boring, yes; Mr. Kranstuber, yes; Ms. Chinnici-Zuercher, yes; Mayor McCash, yes; Mr. Lecklider, yes; Ms. Salay, yes. Vote on the Ordinances: Mr. Lecklider, yes; Mayor McCash, yes; Mrs. Boring, yes; Ms. Chinnici-Zuercher, yes; Ms. Salay, yes; Mr. Kranstuber, yes. Mrs. Boring asked that staff reply to the Shell Energy Services letter. Ms. Brautigam stated that she will ask Mr. McDaniel to do so. RECORD OF PROCEEDINGS Minutes of .. NIJubHnCilyCQUDCU.. ... , "'NNWNN ...... ............. "N'N' N :rv.re.<:tin~ DAYTON LEGAL BLANK CO.. FORM NO 10148 February 18, 2003 Page 7 ReIn 19 Ordinance 25-03 Authorizing the City Manager to Enter into a Memorandum of Agreement with the Franklin County Board of Health for the Maintenance, Storage and Joint Purchasing of Mosquito Control Equipment and Products. ...',...."'" Mayor McCash introduced the ordinance. Ms. Brautigam stated that this will authorize a joint purchasing agreement that will result in cost savings. The materials will be stored at the Dublin facility so that the City will have ~."", access. The City will provide storage for some Franklin County vehicles, but the City will have access to them as well. There will be a second reading/public hearing at the March 3 Council meeting. Ordinance 26-03 An Ordinance to Correct the Title of Ordinance #06-93 in Conformance with the Approved Development Plans for Balgriffin 1, The Village of Balgriffin, The Crossings at Avery, and the Balgriffin PCD (Case No. Z93-001 - Balgriffin Rezoning). Mr. Kranstuber introduced the ordinance. Ms. Brautigam explained that a typographical error was made at the time the Balgriffin development was approved. This ordinance allows for correction of the records. The buildings were built in accordance with the conditions of Council and Planning Commission, but the ordinance title was not accurate. Mr. Kranstuber moved to dispense with the public hearing. Ms. Chinnici-Zuercher seconded the motion. Vote on the motion: Mayor McCash, yes; Ms. Chinnici-Zuercher, yes; Mr. Lecklider, yes; Ms. Salay, yes; Mrs. Boring, yes; Mr. Kranstuber, yes. Vote on the Ordinance: Mr. Lecklider, yes; Mr. Kranstuber, yes; Mrs. Boring, yes; Ms. Salay, yes; Mayor McCash, yes; Ms. Chinnici-Zuercher, yes. Ordinance 27-03 !fil!' Adopting the Lowest/Best Bid for an Ozone Generator. Mr. Kranstuber introduced the ordinance. "' Ms. Brautigam stated that this item was rebid, and the bid is actually lower than the original estimate. Mayor McCash asked if there is a reason that only one bid was submitted. Mr. Harding responded that staff was aggressive in sending the bid documents to a number of possible vendors; staff was surprised to receive only one bid. Based upon quotes received previously, the Recreation staff believes this is a good price. Mayor McCash asked if staff has experience with the contractor. Mr. Harding responded that this company installed a similar system at the Columbus Zoo Manatee exhibit. Mrs. Boring asked that staff provide follow-up on research of references. Mr. Harding agreed to do so. There will be a second reading/public hearing at the March 3 Council meeting. INTRODUCTION/PUBLIC HEARING - RESOLUTIONS Mayor McCash moved to introduce Resolution 07-03, 08-03, 09-03, 10-03, 11-03, and 12- 03; to waive the Council Rules of Order and have them read by property owner and location only. Ms. Salay seconded the motion. Vote on the motion: Ms. Salay, yes; Mr. Lecklider, yes; Mayor McCash, yes; Mrs. Boring, yes; Ms. Chinnici-Zuercher, yes; Mr. Kranstuber, yes. The clerk read the names of the property owners and location into the record: " Resolution 07-03 Intent to Appropriate a 0.295 Acre, More or Less, Fee Simple Interest, from lie.. Charles E. and Carole W. Bynner, Union County and Union Rural Co- Operative, Inc., Located West of Hyland & Croy Road, Township of Jerome, County of Union, State of Ohio. (Hyland-Croy Land Acquisition) Resolution 08-03 Intent to Appropriate a 0.175 Acre, More or Less, Fee Simple Interest, from Lester R. And Shirley A. Eyre, Union County and Union Rural Co-Operative, Inc., Located West of Hyland & Croy Road, Township of Jerome, County of Union, State of Ohio. (Hyland-Croy Land Acquisition) Resolution 09-03 Intent to Appropriate a 0.664 Acre, More or Less, Fee Simple Interest, from Orella Lyon, Union County and Union Rural Co-Operative, Inc., Located West RECORD OF PROCEEDINGS Minutes of Du.bljnCjl~...GQum:;jJ .. ." ., ......... ... ....UM WUUhUUM ....M.,........~~~!iI1g '_,''','''",N,",,'m_'Wh'",'' DAYTON LEGAL BLANK CO., FORM NO 1014tj February 18, 2003 Page 8 Helcl 19 of Hyland & Croy Road, Township of Jerome, County of Union, State of Ohio. (Hyland-Croy Land Acquisition) Resolution 10-03 Intent to Appropriate a 1.394 Acre, More or Less, Fee Simple Interest, from .,,,,~, Jon P. Riegle, Trustee, Union County and Union Rural Co-Operative, Inc., Located South of Mitchell & Dewitt Road, Township of Jerome, County of Union, State of Ohio. (Hyland-Croy Land Acquisition) ~,,''',. Resolution 11-03 Intent to Appropriate a 0.525 Acre, More or Less, Fee Simple Interest, from Frieda Shirk Estate, Union County and Union Rural Co-Operative, Inc., Located West of Hyland & Croy Road, Township of Jerome, County of Union, State of Ohio. (Hyland-Croy Land Acquisition) Resolution 12-03 Intent to Appropriate a 0.165 Acre, More or Less, Fee Simple Interest, from Floyd H. Shirk, Trustee, Union County and Union Rural Co-Operative, Inc., Located West of Hyland & Croy Road, Township of Jerome, County of Union, State of Ohio. (Hyland-Croy Land Acquisition) Mr. Smith stated that these easements are needed for the turn lanes to serve the new high school. The Dublin Schools is paying for the easements and the legal fees involved in acquisition by eminent domain. Staff will negotiate with the property owners to purchase the necessary easements. The turn lanes are scheduled to be constructed in April, and permission is needed to enter the properties. Vote on the Resolutions: Ms. Chinnici-Zuercher, yes; Mr. Kranstuber, yes; Mrs. Boring, yes; Ms. Salay, yes; Mr. Lecklider, yes; Mayor McCash, yes. STAFF COMMENTS Request for Permission for Alcohol Sales at the 2003 Dublin Irish Festival Ms. Brautigam stated that this request is made each year in advance of the Festival. The "-,,,",..;" memo outlines the details. Ms. Chinnici-Zuercher moved approval of the request. ..".;,<< Ms. Salay seconded the motion. Vote on the motion: Mr. Lecklider, yes; Mr. Kranstuber, yes; Mrs. Boring, yes; Ms. Chinnici-Zuercher, yes; Ms. Salay, yes; Mayor McCash, yes. 2003 Street Maintenance Proqram Ms. Brautigam stated that the packet includes a description of the 2003 program which will be taken to bid tomorrow, unless Council directs otherwise. Mr. Hammersmith is available for questions. Mr. Lecklider stated that the costs seem high for some streets on the list - is there more work being done in these locations? Mr. Hammersmith stated that the extent of the repairs affects the cost - if extensive base repair is needed, the cost increases. There are some curb and gutter repairs that are included where needed. Mr. Lecklider asked about the process of determining the need for repairs. Mr. Hammersmith stated that staff performs a condition rating each year, physically visiting each street. The information is then entered into a database and is scored. Within budget constraints, a priority list is established. Ms. Chinnici-Zuercher noted that in some cases she has contacted staff about the need for repair on streets. She encouraged citizens to make staff aware of problem areas, so that they can be prioritized in the maintenance list. .. Mayor McCash noted that a number of memos were forwarded to Council in the packet and invited Council members to comment on any items. $W, Publication of Winter Sidewalk Care Guidelines Mrs. Boring asked if certain bikepaths are regularly cleared of snow - are they prioritized? Mr. Hahn stated that bikepaths used as pedestrian paths to a school are cleared of snow and ice. Staff works with the Dublin Schools to identify the routes. Mr. Lecklider stated that he appreciates the information in the packet regarding winter sidewalk care guidelines. However, in light of the discussion about sidewalk repair at the last Council meeting, perhaps the language in some of the City publications should be modified. The cover memo states that, "Residents are required to keep sidewalks, curbs and gutters in repair and free of snow and ice." This is taken from the Code Section 97.21. RECORD OF PROCEEDINGS Minutes of ........ .... DublinCjtyCounciL.. ..mu~~~!iIlg n ~ ',_'P__ ,^'","_""',,hW, ,"p "" "h__ff'P""",_"__,,,,"__ DAYTON LEGAL BLANK CO.. FORM NO 10148 February 18, 2003 Page 9 Held 19 Ms. Chinnici-Zuercher stated that she assumes this covers snow clearing in the winter months, not the general sidewalk repair discussed at the last meeting. Mr. Kranstuber stated that Council will then need to amend the ordinance at some point. g"-'1 Ms. Brautigam stated that staff is hopeful that Council will not amend the ordinance. When staff brings the policy back regarding sidewalk repair, the issue of amending the ordinance will be addressed. Staff will recommend that the ordinance remain in place as "'C';H~ written and that the City adopt a policy stating that the City will pay for repairs but the obligation will remain with the resident. All of the related issues will also be addressed. She recommends that Council not take precipitous action at this time, but wait until additional information is provided by staff. Tables for Fourth of July Celebration Ms. Salay stated that she appreciates the clarification provided in the memo regarding the table sales. She asked if it would be possible for the table sales to be done with a lottery system, similar to the one used for swim lessons. Those who work during the day are unable to stand in line on a particular morning to reserve a table. There are many who are disappointed when they are not able to register for tables other than one morning each year. Ms. Brautigam stated that Council can request that staff modify the process as they believe appropriate. She asked Ms. Puskarcik to provide background. Ms. Puskarcik stated that in the early years of the event, table sales were by mail only. They have adjusted the process over the years to accommodate the needs of the residents. Staff has not heard of any complaints or desires to change the process from residents. A list is kept of those who want tables and were not able to obtain them, and staff has been able to accommodate everyone who wants a table. In addition, those in line can purchase two tables which helps to accommodate neighbors who work and - cannot be present at the table sales. They believe the system works as it is presently configured. ,~ Ms. Salay asked if having a lottery system would require a lot more work for staff. Ms. Puskarcik stated that she would want to consult with the Recreation Center staff about their experience with the swim lesson lottery. In addition, the lottery would not accommodate residents' desires for table placement. A lot of information is shared with people at the time they purchase tables. A lottery may not allow for this. Ms. Salay stated that she believes some of these concerns could be addressed in a lottery system. She has heard that there are many working parents who are not able to secure tables, although perhaps they have not contacted the City. There is an issue of fairness. Mayor McCash suggested that staff consider having the table sales in the evening or on a Saturday morning. Ms. Chinnici-Zuercher agreed that an evening time slot would accommodate more residents. Ms. Puskarcik stated that an evening time would only encourage people to arrive earlier in the day to stand in line. Staff has already promoted the date and time for this year's table sales. Mr. Lecklider stated that he appreciates the insight provided, but agrees with exploring the possibility of an evening time for table sales in order to accommodate more residents. ".. Mrs. Boring suggested a survey about changing the time or the process. She has not personally heard complaints about the process. Mr. Kranstuber stated that while staff indicates most everyone is accommodated, the City is growing and the needs must be continually monitored. It may not be fair in the future to allow purchase of two tables in view of the limited supply. Ms. Puskarcik stated that staff will survey the residents at large about the process to obtain feedback/suggestions. Ms. Chinnici-Zuercher stated that there is no way to accommodate 20,000 residents at the City events - there is not a system available to enable this. Perhaps the next community survey could request residents' preferences for participating in City events - online purchase, mail purchase, standing in line, or whether they have no preference. RECORD OF PROCEEDINGS Minutes of ..... ..UubHn,Clt:>,CQuDclL... . wow .......w.,. .... .......... ....~~~~i!lg ,,~__'.'_m~,'""',' DAYTON LEGAL BLANK CO.. FORM NO 10148 February 18, 2003 Page 10 Held 19 Mayor McCash summarized that Council has requested that staff obtain more feedback from residents and bring the information back to Council. ."'''''l! COUNCIL COMMITTEE REPORTS/COUNCIL ROUND TABLE Mr. Lecklider: 1. Congratulated Mr. McDaniel for his work in securing the APW A state ........... conference in Dublin on very short notice. This represents another opportunity to fill Dublin hotel rooms. 2. Asked if there is any interest from Council Members or staff in attending the Ohio Municipal League Legislative Luncheon on March 19. Ms. Brautigam stated that several staff members plan to attend, although she will not attend due to a conflict. Ms. Chinnici-Zuercher urged Council to follow-up by sending a letter to Dublin's state representatives and senators urging them to attend the luncheon. The purpose of the luncheon is to provide a networking opportunity for local, state and federal officials. City Council could send a letter of invitation to these individuals. Mr. Lecklider stated that he will make personal calls to invite Dublin's representatives. Mr. Kranstuber indicated that he is interested in attending as well. 3. Asked for an update on snow removal and the salt supply of the City. Ms. Brautigam stated that the City crews did a wonderful job of snow removal. A snow emergency was declared by the City yesterday in order to have cars removed from the streets so that the streets could be plowed. She has not heard of any complaints about roads not plowed in Dublin, and she believes all of the streets have been plowed at this point. Regarding the salt supply, the City had 500 tons of salt on Sunday and was scheduled to have 100 additional tons delivered today. Staff believes the supply is adequate for the remainder of the season. ...... Ms. Salay asked about the methods used to let residents know of the snow emergency. It is important that cars be removed from streets so that they can be plowed. She was -... not aware that Dublin was under a snow emergency situation. Ms. Brautigam stated that Community Relations notifies the television and radio stations of this action, and this information is broadcast on Dublin's 1610 radio information station. The information was broadcast on local stations, along with the other cities who had declared snow emergencies. Mrs. Borinq congratulated staff on the grant award for the Aryshire Drive project. Ms. Chinnici-Zuercher reported: 1. The Development Code Revision Task Force meeting took place last week and a constructive dialogue took place. The focus of the first meeting was an explanation of the various issues to be addressed. The next meeting will be rescheduled, as some of the members were not available on February 26. 2. A letter was sent to Council from the Killilea Homeowners Association requesting acceleration of the park development project for the neighborhood to the 2004 CIP. In addition, they requested some assistance with tree planting along the Emerald Parkway frontage. Ms. Brautigam stated that she had relayed this request to Mr. Hahn. Mr. Hahn reported that he spoke with the homeowners association representative. They are requesting trees along Emerald Parkway. This is a potential reforestation project for ..~"V~ the City and would be a good use of those funds. In terms of the CIP project, he indicated that the timing of the park development is a Council decision, and that he would ~.... forward this request to Council for consideration in the next CIP update. Ms. Chinnici-Zuercher suggested that staff send a letter to the resident with information about nearby parks they can use prior to the time their park is developed. 3. She was contacted by an individual who has received hotel/motel tax grants in the past and who understood there was no point in submitting an application this year as there are no funds available. In response, Ms. Chinnici-Zuercher indicated that there are limited funds available this year. As Finance Chair, she would like to have the information about the availability of funds well in advance of the application deadline for grants. Ms. Grigsby stated that Ms. Gibson received some calls from those who applied in past years. Ms. Gibson indicated to them that there are limited funds available, but they are still welcome to apply for funding under the deadline of March 15. For 2003, $75,000 RECORD OF PROCEEDINGS Minutes of DubUn".GUy.,CounciJ.. Wm !\'l~~~i~g DAYTON LEGAL BLANK co.. FORM NO. 1014~ February 18, 2003 Page 11 Helrl 19 was budgeted for hotel/motel tax grants and $62,500 was granted to DY A, leaving a balance of $12,500 for the March round of applications. Ms. Chinnici-Zuercher asked that Ms. Gibson e-mail her a month prior to the March 15 deadline about the availability of funding. It would help in responding to phone calls. JIP-'$ 4. Council received an e-mail today in regard to the City's preparedness for terrorism. Staff's response should also include information that the state of Ohio was one of 17 states which received a grant of $.5 million from the ~... Corporation for National Service to develop Citizen Corps Councils in all of the counties in Ohio. In Franklin County as well as 18 other counties, FirstLink has been awarded a grant to assist communities in developing Citizen Corps Councils - which are primarily, but not exclusively county-based. If this individual is interested in volunteering to serve on a Citizen Corps Councilor to be one of the volunteers who will be prepared to respond in an emergency situation, he is welcome to contact Beth Eck at FirstLink at 221-6766. Mr. Kranstuber stated: 1. The Goal Setting retreat is set for Friday, February 21 from 8 a.m. to 4 p.m. at the Hard Road/Riverside Drive fire station. 2. The Mayor and the City Manager will meet tomorrow with BMW officials regarding the sign issue. 3. He received a letter from the Emerald Players which apparently was sent to season subscribers. The letter indicated that due to cuts in funding, they were canceling a production. Does this refer to cuts in funding from the Dublin Arts Council? Ms. Brautigam responded that she, too, received this letter. Apparently, the Players expanded their schedule for this year but did not have adequate funding. They have decided to cancel a production. Mayor McCash asked if the letter is inferring that the City has cut funding for this group. #"" ,'. Ms. Brautigam stated that there is a need to clarify the funding issues. Funding for the Emerald Players, as she understands, is provided by the Arts Council, not the City. Staff has tried to work very cooperatively with them regarding these issues. The issue of the community theater and how it is utilized is being studied by staff. She will report to Council on this topic in the coming months. 4. In regard to the Appearance Code Committee, much progress has been made. Two items remain to be reviewed by the group, and they will soon be ready to report to Council at an upcoming work session. Most of the recommendations they will make have been unanimous, and a good framework is being established for an ordinance. Mavor McCash asked that the City Manager pass along positive comments to the Service Department regarding their snow removal efforts throughout the City. Mayor McCash moved to adjourn to executive session at 9:07 p.m. for land acquisition and personnel matters. He noted that the meeting would be reconvened following the executive session only to formally adjourn. Mr. Lecklider seconded the motion. Vote on the motion: Mayor McCash, yes; Mr. Lecklider, yes; Mrs. Boring, yes; Ms. Salay, yes; Ms. Chinnici-Zuercher, yes; Mr. Kranstuber, yes. aasre ed at 10:30 and formally adjourned. siding Officer ~C!-~ Clerk of Council