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HomeMy WebLinkAbout03/17/2003 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 March 17, 2003 Held 20 Mayor McCash called the Dublin City Council meeting of Monday, March 17 to order at 7:30 p.m. in Council Chambers at the Dublin Municipal Building. Ms. Salay 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 arrived at 7:40 p.m. Staff members present were: Ms. Brautigaum, Ms. Grigsby, Mr. Smith, Mr. McDaniel, Mr. Ciarochi, Chief Epperson, Mr. Harding, Mr. Hammersmith, Ms. Clarke, Mr. Price, Mr. Hahn, Ms. Heal, Ms. Crandall, Ms. Puskarcik, and Ms. Hoyle. Approval of Minutes of Special Meeting of February 10, 2003 Ms. Salay moved approval. Mr. Kranstuber 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. Approval of Minutes of March 3, 2003 Regular Meeting Mr. Lecklider noted corrections to the minutes on Page 7 and Page 10, where the term he used was "iteration." He referenced the most recent recent iteration of the plan, and did not mean to infer the applicant was presenting a preliminary plan to Council. Ms. Chinnici-Zuercher moved approval of the minutes as corrected. Mr. Kranstuber seconded the motion. Vote on the motion: Mr. Kranstuber, yes; Mrs. Boring, yes; Ms. Chinnici-Zuercher, yes; Ms. Salay, yes; Mayor McCash, yes; Mr. Lecklider, yes. Correspondence The Clerk reported that no correspondence requiring action was sent to Council. OATHS OF OFFICE Mayor McCash administered Oaths of Office to newly appointed Police Lieutenant Tom Hirschy, and newly appointed Police Officers Don Bartolet and Scott Marshall. SPECIAL RECOGNITION/PROCLAMA TIONS Doug Denk and Jeff Stallings, Streets & Utilities Division employees were recognized for their heroic efforts in extinguishing a garage fire in the Muirfield area. Friday, March 21 was proclaimed as, "Doug Denk & Jeff Stallings Day" in the City of Dublin. CITIZEN COMMENTS Mike Jenkins, Board President and Scott Drinq, Executive Director of the Dublin Convention & Visitors Bureau updated Council on the recent activities and highlights of the various programs offered by the DCVB. Mr. Jenkins noted that a new resident reception was held during the Saturday St. Patrick's Day events, and 450 Dublin residents were hosted by the DCVB. In 2002, 5500 visitors came to the Visitors Center, representing a 36 percent increase over the previous year. Mr. Dring updated Council on travel volumes, noting that the 2002 numbers were relatively flat over 2001. There are concerns about the impacts the war will have on the travel industry - reductions could be in the 15 to 20 percent range. They have launched a new campaign targeting Dublin businesses - "Invest in Your Own Backyard." The goal is to encourage businesses to book meetings and overnight stays in Dublin hotels, as the tax dollars benefit the Dublin community. A new online reservation system was launched last November on the DCVB website and allows for promotion as well. The Sports Committee and Dublin City Schools are making excellent progress with the Holiday Basketball Tournament planned for 2004 - they are seeking additional corporate support at this time. Ms. Chinnici-Zuercher thanked Mr. Jenkins for his efforts in keeping the communication lines open with Council during his term on the DCVB Board. He has devoted countless hours in this service to the community over the past years. Wallace Maurer, 7451 Dublin Road commented that in the past 10 months, he has not yet succeeded in forcing the issue on achieving justice for two entities: former City Engineer Balbir Kindra and the citizenry of Dublin. In all of this time, the local newspapers have had one sentence regarding the entire issue - that after the Council meeting of June 3, 2002, Mr. Maurer vowed to return to obtain resolution regarding the issue. He noted that the RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK lNC FORM NO 10148 March 17, 2003 Page 2 Held 20 knowledge of the circumstances of the firing of Mr. Kindra is variable among Council, staff, and the citizenry. He wonders if Council has read the documentation regarding the firing or whether Council has studied the clauses in the Charter that are relevant. These describe latitude of action, of movement, of questioning and inquiry that was not given to Mr. Kindra, to the Council, nor to the management. He noted that he would likely need two to three more five-minute sessions with Council on this topic. For clarification, he emphasized that he is not personally out for any action, but instead to simply press the issue. Mayor McCash noted that the five minutes have now expired. He suggested that any Council Members, staff or audience members who wish to view the President's address could do so in the Council conference room. LEGISLATION SECOND READING/PUBLIC HEARING - ORDINANCES Ordinance 27-03 Adopting the Lowest/Best Bid for an Ozone Generator. Ms. Brautigam stated that staff has been able to secure an upgrade for the same price that will provide a 40 percent increase in capacity. Vote on the Ordinance: Ms. Salay, yes; Mr. Lecklider, yes; Mr. Reiner, yes; Mr. Kranstuber, yes; Ms. Chinnici-Zuercher, yes; Mayor McCash, yes; Mrs. Boring, yes. Ordinance 138-02 Providing for a Change in Zoning for 8.603 Acres Located at the Northwest Corner of Tuttle Crossing Boulevard and Frantz Road, From: PCD, Planned Commerce District (Tuttle Crossing Plan, Subarea C1) and PUD, Planned Unit Development District (Llewellyn Farms Plan), To: PUD, Planned Unit Development District (Case No. 02-122Z - Tuttle Crossing Subarea C1 and Llewellyn Farms - Dominion Homes Offices - 4800 Tuttle Crossing Blvd. and 5501 Frantz Road) Ms. Clarke stated that this is a case where the standards in the planned commerce district did not exactly "square" with the development that was proposed by Dominion Homes. Dominion Homes has a very attractive building at the corner of Tuttle and Frantz, and there was a desire by Dominion to place a second building next to their existing site. There is a building to be constructed immediately to the west of the existing building, and Dominion Homes would like to create a covered walkway that would cross the property line and to change their signage restrictions for this particular site. The site is currently zoned for Suburban Office and OLR uses. It will continue to be zoned for that into the future. As long as the two side-by-side sites are owned by Dominion or have a single owner, the building that faces along Tuttle Crossing with frontage on one street will have two signs. The existing building, which is entitled to two signs and has frontage on three streets will actually have one sign. They are requesting the opportunity to take their sign rights and swap them between the two sites. That is all this text does. Any changes to the signs in the future must be reviewed by P&Z, and if the second building is sold at some future date, they must comply with existing code for signage at that point. This comes with a recommendation from P&Z for approval with two conditions as outlined in the Record of Action. Ms. Chinnici-Zuercher asked for the locations of the requested signs. Ms. Clarke responded that there would be two in front of the new building along Tuttle Crossing, and a third on the Frantz Road frontage at the north end of the site. Mayor McCash asked why two signs are needed in close proximity. Ms. Clarke stated that they believe they need one at their western property line because that is where the only median break is located. The other sign is a water entry feature where they would like to display their company name. Mayor McCash asked if they are combining the two parcels. Ms. Clarke stated that for financing purposes, this is not possible. Mayor McCash asked if the property is ever sold, is there a condition that the covered walkway be removed? Ms. Clarke stated that the covered walkway was not addressed in the agreement; the only condition on the sale relates to the original sign code for the two buildings. Mr. Lecklider asked where the third sign is located on the original site. Ms. Clarke stated that it is located near the corner of Frantz Road and Parkcenter Drive. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 March 17, 2003 Page 3 Held 20 Vote on the Ordinance: Mayor McCash, no; Mr. Lecklider, yes; Ms. Chinnici-Zuercher, yes; Ms. Salay, yes; Mr. Reiner, yes; Mr. Kranstuber, yes. Ordinance 28-03 Accepting the Lowest/Best Bid for Renovations of the 5800 Building and Appropriating Funds Therefor, and Declaring an Emergency. Ms. Brautigam stated that a very favorable bid was received on the 5800 Building renovations, and staff was hopeful of using a portion of the savings to assist in the Council Chambers remodeling. Based on discussion with the Chief Building Official, she believes this will be possible. The total bid was $362,600 and $50,000 will be added to that for the large conference room desired for the 5800 Building project. This leaves $87,400 of appropriations, and that together with the $50,000 previously budgeted for the Council Chambers renovations will be more than adequate for the items agreed upon by Council for the Chambers. Staff is recommending passage of the Ordinance. Staff will return with an appropriations ordinance for the conference room and the Council Chambers renovations. Mr. Maurer asked to speak to this ordinance. Mayor McCash clarified that the sign-up sheet did not indicate Mr. Maurer's desire to testify on this topic; it is important to clearly state the ordinance number on the sign-up sheet. Mr. Maurer noted that a few weeks ago, a state legislator was in attendance at the Council meeting. He remarked that Dublin has a healthy participation in the government, based upon the attendance. He was under a misapprehension that the staff people in attendance were part of the citizenry. In terms of the Council Chamber renovations, he believes it is important to maintain the previous configuration that provided desks for all of the staff members. The Dublin forum of Council/City Manager/City staff has been extremely effective. It is important that the citizenry see who their government officials are for access purposes. In addition, desks would provide the staff with working space for their materials. Mr. Reiner moved for emergency passage. Ms. Salay seconded the motion. Vote on the motion: Ms. Chinnici-Zuercher, yes; Mr. Kranstuber, yes; Mr. Reiner, yes; Ms. Salay, yes; Mayor McCash, yes; Mr. Lecklider, yes. Vote on the Ordinance: Ms. Salay, yes; Mayor McCash, yes; Mr. Kranstuber, yes; Ms. Chinnici-Zuercher, yes; Mr. Lecklider, yes; Mr. Reiner, yes. INTRODUCTION/FIRST READING - ORDINANCES Ordinance 31-03 Adopting a Standard Code, Pursuant to Section 737.37 of the Ohio Revised Code, known as the International Fire Code/2000 Pertaining to Fire, Fire Hazards, and Fire Prevention as Prepared and Promulgated by the International Code Council (ICC), a Public or Private Organization Publishing a Model or Standard Code, and Repealing the Ordinance of the Existing Fire Code. Ms. Brautigam stated that Mr. Price, Chief Building Official and Captain Alan Perkins of Washington Township Fire Department are present regarding this item. She noted that this represents a huge step forward for Dublin to adopt the International Fire Code. Mayor McCash introduced the ordinance. Mr. Price stated that Washington Township and the City of Dublin have a unique relationship - the township provides fire services for the City and the City does not have its own fire department. The township also provides fire inspection services for the City. This ordinance will adopt the Fire Code as law in the City of Dublin, and following adoption by the City, it will be introduced as a township resolution for adoption as well. He recommends adoption of the Code as outlined in the ordinance. It provides a much more up to date Fire Code and improved tool for the fire department for enforcement and prevention. It works hand in hand with RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 March 17, 2003 Page 4 Held 20 the Building Code. They have met with the appropriate City staff, and staff is supportive of adoption. Captain Perkins stated that they have worked for the past couple of years on this Code and studied both the International Fire Code and the National Fire Protection Association's Prevention Code and are now recommending incorporation of the International Fire Code into the Building Code. Most important, this provides a way for the Fire service to review the construction in the City. It provides standards in terms of construction inspection and related items. The permit fee structure is from 1974 and needs to be updated. The current fire code used in the City is the1984 BOCA Code. Staff had looked at adopting a new code about six years ago, but there were other priorities considered to be more important. The timing is now appropriate to adopt the 2000 International Fire Code. Mayor McCash asked if there is a reason why the most current edition of the Ohio Fire Code is not adopted at the same time as the Building and Electrical Code updates. Captain Perkins responded that there has been a copyright issue which has delayed the new state fire code. However, the international group has recommended that certain chapters in the Ohio Fire Code be adopted by reference in this action. The International Code is a strong companion for the City's building code. In addition, the current code does not address the hazardous materials issues found in the City with companies such as Ashland Chemical. The International Fire Code includes 17 chapters that deal specifically with hazardous materials. In addition, the National Fire Protection Association is not very inspector friendly for use in the field. Mayor McCash clarified that he supports adoption of this Code; he is only surprised it was not done earlier. Mr. Lecklider noted that the ordinance includes language regarding a Fire Code Board of Appeals appointed solely by township trustees. Is this something the City should be involved in? Captain Perkins responded that in the 1985 ordinance, the City appointed the Fire Code Board of Appeals members, however there has never been an appeals board hearing. Mayor McCash stated that the township oversees the Fire Code, so it would make sense that the trustees would appoint the Appeals Board. Ms. Chinnici-Zuercher added that in essence, this Board would hear appeals to the Fire Department's decisions. Therefore, this would fall under the township trustees' jurisdiction to appoint the Board members. There will be a second reading/public hearing at the April 7 Council meeting. Ordinance 32-03 Providing for a Change in Zoning for 24.3 Acres Located at the Northwest Corner of Perimeter Drive and Avery-Muirfield Drive, From: PCD, Planned Commerce District (Riverside Hospital Plan), To: PCD, Planned Commerce District. (Case No. 03-016Z - Riverside Hospital PCD - Subarea A) Mayor McCash introduced the ordinance and moved referral to the Planning & Zoning Commission. Mr. Kranstuber seconded the motion. Vote on the motion: Mr. Kranstuber, yes; Mr. Reiner, yes; Ms. Chinnici-Zuercher, yes; Mayor McCash, yes; Ms. Salay, yes; Mr. Lecklider, yes. Ordinance 33-03 Waiving Competitive Bidding Requirements, Pursuant to Section 8.04 ("Contracting Procedures"), Paragraph C ("Waiver of Competitive Bidding") for Alcoholic Beverages for the Dublin Irish Festival. Ms. Salay introduced the ordinance. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 March 17, 2003 Page 5 Held 20 Ms. Brautigam stated that Council approves this legislation each year in conjunction with the sponsorship provided to the Dublin Irish Festival. There will be a second reading/public hearing at the April 7 Council meeting. Mayor McCash moved to introduce Ordinances 34-03 through 39-03, to waive the Rules of Order and to have the Clerk read the property owners' names into the record. Ms. Chinnici-Zuercher seconded the motion. Vote on the motion: Mr. Kranstuber, yes; Mr. Reiner, yes; Ms. Chinnici-Zuercher, yes; Mayor McCash, yes; Mr. Lecklider, yes; Ms. Salay, yes. Ordinance 34-03 Appropriating a 0.295 Acre, More or Less, Fee Simple Interest, from 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, and Declaring an Emergency. (Hyland-Croy Land Acquisition) Ordinance 35-03 Appropriating 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, and Declaring an Emergency. (Hyland-Croy Land Acquisition) Ordinance 36-03 Appropriating a 0.664 Acre, More or Less, Fee Simple Interest, from Orella Lyon, Union County and Union Rural Co-Operative, Inc., Located West of Hyland & Croy Road, Township of Jerome, County of Union, State of Ohio, and Declaring an Emergency. (Hyland-Croy Land Acquisition) Ordinance 37-03 Appropriating 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, and Declaring an Emergency. (Hyland-Croy Land Acquisition) Ordinance 38-03 Appropriating 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, and Declaring an Emergency. (Hyland-Croy Land Acquisition) Ordinance 39-03 Appropriating 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, and Declaring an Emergency. (Hyland-Croy Land Acquisition Mr. Smith noted that staff is continuing to negotiate with the property owners for the easements required for the turn lanes to serve the third high school. Ms. Chinnici-Zuercher stated that when Council approved the high school rezoning several months ago, it was acknowledged that right-of-way was needed. In the materials provided at that time, was there information regarding the potential costs? Mr. Smith responded that there are no costs to the City - the Dublin Schools are paying the right-of-way acquisition costs and the legal fees. The funds were wired to the City for the right-of-way acquisition. The costs of the road construction are separate, and he believes that cost is being shared. Ms. Grigsby clarified that the agreement calls for the City to pay 50 percent of the costs to install the turn lanes, which includes right-of-way acquisition necessary for construction. Mr. Smith stated that he would review the memo of understanding to clarify the cost sharing. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 March 17, 2003 Page 6 Held 20 Ms. Chinnici-Zuercher stated that for projects which take a substantial timeframe to complete and for which costs are added from time to time, she would suggest a summary sheet showing the costs incurred to date. Sometimes items are approved and it is difficult to comprehend the total picture over a long period of time. When a project is ultimately completed, a story about the monetary participation necessary to complete the project would be desirable - in this way, the community understands the use of their tax dollars. Council would also have a better sense of the total costs of their decisions. This does not mean a different decision would be made, but that more knowledge would be available about the impact decisions have in the long term. It was the consensus of Council to have this information provided in the future. Mr. Kranstuber moved for emergency passage for Ordinances 34-03 through 39- 03. Mr. Reiner seconded the motion. Vote on the motion: Mr. Kranstuber, yes; Mrs. Boring, yes; Mr. Reiner, yes; Ms. Chinnici-Zuercher, yes; Mayor McCash, yes; Mr. Lecklider, yes; Ms. Salay, yes. Vote on Ordinances 34-03 throuQh 39-03: Mr. Lecklider, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mr. Kranstuber, yes; Ms. Chinnici-Zuercher, yes; Mayor McCash, yes; Ms. Salay, yes. Ordinance 40-03 Accepting the Lowest/Best Bid for the 2003 Street Maintenance Program. Mr. Lecklider introduced the ordinance. Ms. Brautigam stated that very favorable bids were received, and staff is therefore requesting the addition of two items - the Muirfield Drive improvements and some detectable warnings on existing curb ramps. Staff has had good experience with the recommended bidder. There will be a second reading/public hearing at the April 7 Council meeting. OTHER Final Plat - Ballantrae Section 3, Lots 309 - 394 Ms. Clarke stated that these plats were reviewed by P&Z on February 6 and were recommended for approval. Both conform with the preliminary plats. Section 3 has 7 conditions and Section 4 has 4 conditions, as adopted by P&Z on February 6. Mr. Kranstuber moved approval of the final plat of Section 3. Ms. Salay seconded the motion. Vote on the motion: Mayor McCash, yes; Mr. Reiner, yes; Ms. Salay, yes; Mrs. Boring, yes; Mr. Kranstuber, yes; Ms. Chinnici-Zuercher, yes; Mr. Lecklider, yes. Final Plat - Ballantrae Section 4, Lots 395 - 400 Mr. Kranstuber moved approval of the final plat of Section 4. Ms. Salay seconded the motion. Vote on the motion: Mr. Lecklider, yes; Mr. Reiner, yes; Ms. Chinnici-Zuercher, yes; Mrs. Boring, yes; Mayor McCash, yes; Ms. Salay, yes; Mr. Kranstuber, yes. STAFF COMMENTS Council Discussion Items . Status of Connections to Public Water and/or Sewer Systems in Areas Where the City Extended the Main Lines Ms. Brautigam stated that in February, the Council directed staff to send a letter from the City Manager's office to the owners of all properties who had not connected to water and sewer lines that were extended to their properties by the City. Those letters were subsequently sent out. In response, the City has received a number of phone calls. Tonight, staff is bringing forward a request from a property owner who missed the December 31 deadline but who would like to receive the benefit of the old tap-in fee rate. Staff is recommending that this property owner receive the reduced rate, with the stipulation that they pay them by the deadline outlined in the letter and that they actually tap in within 90 days. Staff RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 March 17, 2003 Page 7 Held 20 received a number of other calls and letters from residents who don't want to tap in and who will come before Council on April 7 to request waivers from connection. Tonight, staff would like for Council to consider the request from the one property owner who has indicated a willingness to tap in, but who is requesting the old rate. Again, staff is recommending approval of this request subject to the conditions outlined. Mrs. Boring asked why the property owner and address is not identified. Ms. Grigsby stated that this property owner has indicated he has not received any letters and was not aware of the requirement to tap in by December 31. At the time the memo was prepared, staff felt that other letters would be sent requesting the same type of consideration. Therefore, staff is seeking a policy in regard to this kind of request - assuming others would request similar consideration. Mayor McCash expressed surprise that anyone could not be aware of the extension of the lines and requirement to tap in, in view of media coverage and the many letters sent to property owners. Ms. Chinnici-Zuercher stated that others have received the notification and have taken appropriate action, so it is hard to understand how someone was not aware. Why would staff recommend extending the deadline when residents had 12 months to either request a waiver or to connect to the systems? Ms. Brautigam responded that when staff came to Council in early February, staff recommended a letter be sent by the Legal Department about legal action to be taken in view of their non compliance. Her sense from Council's discussion that night was that Council wanted staff to work with the property owners to ensure they would connect, and that providing this type of extension of time for the reduced fees is a policy Council would endorse. Ms. Chinnici-Zuercher stated that, personally, her interest in having the City Manager send the letter prior to the Legal Department is that it is best to communicate first by the Administration, and then take a more legal approach. It was not her intention to provide the same opportunities and benefits that were given to those who complied. The residents were part of the decision made by Council to allow connection at a reduced rate until the end of 2002. It was stated by those who testified that by that time, it would be possible to work out the finances to do so. Mr. Kranstuber asked how many have connected versus those who have not. Ms. Grigsby responded that out of 133 parcels, 102 have connected and 16 have not connected. The remainder are undeveloped parcels. Mr. Kranstuber stated that the goal is to have people connect to the systems, and it does not cost the City anymore at this point to allow hook-up than it did in December. It is hard to know all of the circumstances and hardships some may face. The vast majority of those residents did connect. Mayor McCash stated that for all of these reasons, the City set up a system to request a partial or full waiver from connection in cases of economic hardship. There may be some extenuating circumstances, but he doesn't see that to be the case for this one. On April 7, there will likely be many more requesting similar waivers. Unless there is a valid reason, the law requires connection. Mrs. Boring stated that she agrees with Ms. Chinnici-Zuercher about the intent of having the City Manager first send a letter prior to the Law Director. It was for reasons of a more gentle approach versus changing the deadline for connection. She would need to know the specifics of this case in view of the fact that so many complied with the requirements. The expectation was clear that if the City extended the lines, the residents would be required to connect. It was also very clear that the reduced rate was offered through December 31. She is distressed RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 March 17, 2003 Page 8 Held 20 that someone is now requesting an extension of the deadline since so many complied. She would not approve a blanket extension - she would need to know the individual circumstances. Mr. Reiner asked if this sets any precedent that the City would be bound by. Ms. Brautigam responded in her view, it does not. This is simply a request for a fee reduction for one resident based upon their request. Mr. Kranstuber asked if there was a specific reason for their delay. Ms. Grigsby responded that the property owner indicated they were unaware of the requirement to connect by December 31,2002 to receive the old rate. This resident lived on Dan Sherri. Staff simply wanted direction on whether Council would endorse the concept. Another gentlemen on Dan Sherri had indicated he, too, might request the same consideration. Mrs. Boring asked about the number of property owners on Dan Sherri. Ms. Grigsby stated that there are 13-14, and a total of 10 have connected. Ms. Brautigam stated that it is certainly acceptable for Council not to extend this rate reduction and to believe that staff in this case made the wrong recommendation. Staff in fact believes they should have to pay the full amount. However, staff was recommending that the citizen be given this "break" based on her sense that Council does not want to have citizens pay for these kind of costs. Obviously, she misread Council's determination in this instance. It is certainly reasonable to take the position of adhering to the December 31 deadline for the fee reduction. At the April 7 meeting, Council will likely hear testimony regarding hardship situations and it may be more difficult to decide. Mayor McCash stated that this is the key issue - a deadline was given and it is not fair to those who complied with the deadline. If there are individual hardship situations, those can be addressed separately on a case by case basis. Mr. Lecklider suggested that this particular request be held until April 7. He is concerned with being as consistent as possible. Ms. Chinnici-Zuercher stated that there have been waiver requests for hardship cases approved by Council in the past year. However, staff is now indicating there are many others requesting waiver. Ms. Brautigam stated that there are approximately five property owners requesting waivers; the remainder have not responded at all and will be sent legal notification about the connection requirement. Mr. Reiner stated that the City should not set a precedent by allowing these property owners not to connect. Vacillating leads to more of this situation. Ground rules should be set and adhered to in order to be fair to everyone. . Status Report - Council Strategic Communications & Outreach Plan Mayor McCash stated that a Council Member has suggested this be reviewed in an upcoming study session. Ms. Brautigam agreed that this could be reviewed at the April 14 session. COUNCIL COMMITTEE REPORTS/COUNCIL ROUND TABLE Ms. Salay stated that the Heather Glen Civic Association will meet Wednesday, March 19 at 7 p.m. at the Faith Community Church at the corner of Woerner- Temple and Wilcox. Mrs. Borinq: 1. Suggested that everyone retain the copy of the Communications Plan for review at the study session in April. It was the consensus of Council to have the Clerk keep the copies so that they will be available in April. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 March 17, 2003 Page 9 Held 20 2. Commented that the events over the weekend were very nice and she appreciates all of staffs efforts. She personally likes the float for Council Members. Mr. Reiner: 1. Noted that the St. Patrick's Day events were wonderful. Thanks to the Community Relations staff and volunteers that made these events possible. It is always inspiring to see the number of Dublin residents who support these events! It is what makes the Dublin community so special. 2. Noted that he will miss the April 7 Council meeting due to surgery scheduled during spring break. Ms. Chinnici-Zuercher: 1. Reported that Council has copies of e-mails and responses sent by the City Manager to legislators regarding the proposed gas tax increase. She explained that the MORPC Board recently voted to support the proposed tax and asked that City representatives write letters of support to state legislators. She encouraged others to send letters of support as well. 2. Noted that the Development Code Revision Task Force is moving forward. Gary Gunderman has done an excellent job with organization of each session, and there has been 100 percent attendance of the members. Another meeting will be held on Wednesday evening this week. 3. Commented that it is interesting that Dublin has sworn in new police officers on a day when security and law enforcement is a major issue in this country. Ohio was privileged to host John Bridgeland today at a state conference. He is an adviser to President Bush on the USA Freedom Act which incorporates citizen corps councils, the Peace Corps, and the Corporation for National Service - all of which are to meet the challenge of the President for citizen participation and community preparation for disaster or terrorism attacks. Ohio is one of six states in the country who received a homeland security grant to set up citizen corps councils across the state. Ohio is looked at as a leader in this area. All of this raises the consciousness of citizens of their own individual responsibilities and suggestions for protecting their homes and families in event of disasters. This is another opportunity to provide information to Dublin citizens. Mr. Kranstuber: 1. Noted that he has received feedback from his neighbors regarding the pilot program for recycling and trash collection. Mr. McDaniel and staff are to be congratulated for their quick and creative responses to the various issues. He has heard questions about what should be done with old recycling containers and trash cans, and how overflow trash will be handled during holiday periods. Mr. McDaniel stated that recycling bins should be placed at the curb for pick-up as well as old trash cans. Old trash cans can also be used for yard waste, and stickers are available to label them. Regarding excess trash, the bulk pick-up service is still provided. If there is overflow beyond the container, it should be bagged and set to the side - Rumpke will radio someone for pickup of the overflow. A report will be provided to Council at the next meeting on the information learned to date with this pilot program. He added that in terms of "eyesores" noted in some e-mails, he drove the routes on Friday and only 6 houses had the trash container left out. The remainder of participants are housing these bins in their garages. 2. Commented in regard to the e-mails received regarding "priority use" of park fields, such as Earlington. Giving the select soccer group a priority use of the park, which does denote they have contacted the City regarding use of the field, seems to be inappropriate. Both the recreational and select teams should be able to use the fields, and there should be no designation of priority use. It is a meaningless designation and can result in hard feelings. Mr. McDaniel responded that the priority use designation was a misnomer - there was no intent on staffs part to provide a priority for one team over another. There RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 March 17, 2003 Page 1 0 Held 20 is a process each year in which the various teams are brought together to "divvy up" fields. Any usage outside of this process is a first come, first served basis. Staff guided the individual mentioned in order to keep them out of the regular soccer fields this time of year so that the turf can be revitalized. The bottom line is that the various competing users will have to work these issues out. Hopefully, that will be possible. Staff's view on "select" soccer is that it is recreational and is part of the overall recreational program. Many of the select soccer players, in fact the vast majority, are Dublin residents. The best answer to the Earlington Park situation is that Ohio Premier Soccer works together with the gentleman who complained. Staff is aware that a report is due to Council regarding the agreements with various soccer groups and how the select group fits in. Mr. Kranstuber stated that Mr. Lecklider had raised these issues at goal setting, but given the recent communication and discussions, more official City representation with these groups is likely warranted. Mr. McDaniel stated that staff is attending their meetings, and staff is engaged with DSL. Mr. Kranstuber asked if staff is in agreement with not using the term "priority use." Mr. McDaniel noted that staff will not use this designation. Staff is contacted from time to time by various individuals regarding available park fields, and staff does try to offer suggestions to Dublin residents. There is not adequate staff to oversee all of the park field use by the thousands who use them each year. Mayor McCash stated that when the City allocated funding for the synthetic turf installation at the high schools, it was noted that perhaps these fields could be used for some City functions. Perhaps these individuals should be sent to the school districts to use their fields. Mr. McDaniel stated that staff will offer these suggestions. The same groups, however, are competing for many of the same facilities. Mr. Lecklider stated that there is a certain level of misunderstanding relating to terminology. With respect to "select," this is part of the intermediate level recreational soccer program. The request for use of Earlington Park was made by Ohio Premier which is a different level of soccer. In practice, the intermediate level of select soccer is 100 percent Dublin participants; at the higher levels of Ohio Premier Soccer, mostly non-Dublin residents are participating. Mr. McDaniel commented that he is not certain if the City can legally prevent someone from using a public open space. All of these issues will be covered in memos being compiled for Council regarding the MOSSL proposal and other soccer related issues. Mr. Lecklider stated that perhaps some of the misunderstanding with the Earlington Park situation could have been avoided if the request was routed through the DSL as the umbrella group. Ms. Chinnici-Zuercher stated that the e-mail today regarding Earlington Park is requesting that Council take some kind of position on this issue, and she is not prepared to do that tonight. When all of the information is brought back to Council, someone needs to be formally communicating with Mr. McMahon in view of his very strong comments. Mr. McDaniel stated that he is working with DSL and others to gain perspective on the various issues he has raised. Mr. Kranstuber stated that the short-term problem is solved with the City not designating priority use. Instead, they should be directed to work with DSL under the DSL umbrella. There are limited field resources to be shared. Mayor McCash noted that: 1. Community Relations staff member, Mary Jo DiSalvo received a designation as "Marketer of the Year" from the Columbus Advertising Federation. Congratulations to her on this achievement. 2. Thanks to the Community Relations staff for the great events staged over the weekend. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK. INC.. FOAM NO. 10148 March 17, 2003 Page 11 Held 20 Mayor McCash moved to adjourn to executive session at 9:25 p.m. for personnel and land acquisition matters. Mrs. Boring seconded the motion. Vote on the motion: Mr. Lecklider, yes; Ms. Salay, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mr. Kranstuber, yes; Ms. Chinnici-Zuercher, yes; Mayor McCash, yes. The meeting was reconvened at 11 :05 p.m. and formally adjourned. ~(l ~ Clerk of Council