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HomeMy WebLinkAbout08/18/2003 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 August 18,2003 Held 20 Mayor McCash called the Dublin City Council meeting of Monday, August 18 to order at 7:00 p.m. in Council Chambers at the Dublin Municipal Building. Ms. Chinnici-Zuercher 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, Ms. Crandall, Mr. Harding, Mr. Hammersmith, Ms. Clarke, Mr. Gunderman, Ms. Puskarcik, Ms. Ruwette, Ms. Hoyle and Ms. Heal. Approval of Minutes of July 21, 2003 Regular Meeting Ms. Chinnici-Zuercher moved approval. Mr. Kranstuber seconded the motion. Vote on the motion: Ms. Chinnici-Zuercher, yes; Mrs. Boring, yes; Ms. Salay, abstain; Mr. Lecklider. yes; Mr. Kranstuber. yes; Mayor McCash, yes. Correspondence The Clerk reported that a Notice to Legislative Authority was included in the packet regarding the transfer of D1, D3 and D6 permits from the Golf Center of Sports Ohio, Inc., 6100 Dublin Park Drive to Field Sports, Inc. at 6400 Dublin Park Drive. Mr. Lecklider asked for further details. Ms. Brautigam stated that this relates to a transfer of permits from the soccer area to the new lacrosse facility. Brief discussion followed about the number of permits available in Dublin. Mr. Smith added that in this case, the same entity owns both of the facilities, and the transfer relates to the actual location where the permits will be used. There was no objection to the transfer of these permits. SPECIAL PRESENTATIONS . Update from Dublin Convention and Visitors Bureau Craiq Baldridqe. Council representative to the DCVB Board reported that three new Board members have been selected: Steve Best, Principal, Dublin Jerome High School; Lee Palaschak, Embassy Suites Hotel; and Jody Noreen of Leadership Dublin. The DCVB has been exploring ways to improve Dublin's position in the market during these challenging economic times. At the recent Board meeting, Scott Dring presented the new online internet booking system for hotel reservations in Dublin. The Board would like to share this information with City Council. Scott Drinq. Executive Director. DCVB stated that they are looking for innovative ways to help improve awareness of Dublin and to attract business to Dublin hotels. He then demonstrated the internet online booking system. Two recent promotions are the Wild Weekend Getaway packages to attract summer weekend business and the OSU Fall Football packages. The challenge has been in promoting the web site, so an electronic newsletter has been sent to their entire database, to various out of town college alumni association presidents and to meeting planners throughout the state. They are also compiling an e-mail directory comprised of those who book online. This can be used for future marketing efforts. Overall, the online system has booked $60,000 or 700 room nights. He then distributed a summary report of recent DCVB statistics. . City Beautification Awards Paula Chope. City Forester noted that this is the 14th annual civic beautification program. This year, there were 29 entries for the awards program. She provided brief background about the program and how the process is set up. Mayor McCash and Vice Mayor Boring assisted with the presentation of the awards to the winners. CITIZEN COMMENTS Wallace Maurer. 7451 Dublin Road stated that at the last meeting, he indicated he has four options for publishing material on the firing of City Engineer Balbir Kindra. He has previously outlined the first three. [He then proceeded to read the fourth option into the record, a summary of which follows.] On June 3, 2002 all who knew Mr. Kindra were baffled and stunned to hear of his firing. Mr. Maurer noted that he believes that Ms. Grigsby, the interim manager at the time who officially fired Mr. Kindra, did not do so RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 August 18,2003 Page 2 Held 20 lightly. However, as a citizen who is complicit in the act if he remains silent, he has found it necessary to learn of the reason or reasons for the firing, never yet publicly disclosed, to determine if they were just. He began his search for explanation at the Council meeting on the night of the firing, and pursued it in 25 subsequent meetings in the five-minute Citizen Comment portion of the agenda designated for non-agenda items. Since Mr. Kindra was presumed municipally unattached after June 3, 2002, the matter never appeared on an agenda except as brought up by Mr. Maurer in an effort to seek an explanation, as mandated in the City Charter, of the firing. Since the Council/Manager form is the choice of government in Dublin, the explanation of this action must exist in two places: (1) in the minds of the City Council, elected by the citizenry to define and enact policy; and (2) in the minds of the City Manager and staff who execute policy. He went directly to these groups in public, noting that local government is conscientious but capable of lapses in judgment. Council Members have been placed in office to handle the public needs and the citizenry can ask them for an accounting at any time. To understand and evaluate the firing, he has weighed the public explanation given in the newspapers at the time, and has probed Council and management staff on this matter. He then described the various sources of information he has reviewed. On the basis of all of his findings examined relative to the applicable clauses of the Revised Charter of Dublin, he has concluded that the firing of Mr. Kindra is and remains glaringly improper and intolerable in an American community. The governing sections of the Charter and their scope are as follows: Section 5.04(a) provides the City Manager with the power outright to appoint, promote, suspend or remove any City employee. The Interim Manager fired Mr. Kindra with this power that on its face is absolute, unquestioned and unshared. However, the framers of the Revised Charter of Dublin were aware of the risks of such power and provided safeguards to avoid its arbitrary use. Mayor McCash noted that his five minutes has now expired. Mr. Maurer noted that he will be out of the City on September 2 and will return after that time to continue with his comments. Barb Altenburq. 340 Stonewall Court stated that she has been a community activist most of her life. She noted that she contacted Mr. Hahn two to three years ago to secure permission to remove honeysuckle from the undeveloped parkland behind her house. She heard no response from him. She began to remove the honeysuckle, and this year made a personal commitment to devote her volunteer time to restoring the 1.5-acre parkland area behind her street so that the community can enjoy the virgin forest without invasive plants. She contacted Mr. Hahn and other City employees again in the spring and left numerous messages. She received no response. She then began her one- person campaign as a community service to restore the parks. She offered to head up a second "Green Team" of volunteers to manage the parks. She was told to contact the Volunteer Administrator about her interest and she has done so. She has worked for five hours per day from March through July on the effort to remove the invasive honeysuckle plant. The thanks she has received from Dublin is a citation for removing the honeysuckle shrubs on parkland. In addition. the City is asking that the path be removed - a path that children in Waterford use to access the park. She is requesting four things from Council tonight: (1) authorize removal of the invasive honeysuckle in Dublin on publicly owned land without having to obtain permission; (2) request citizens to remove honeysuckle from their personal properties; (3) provide funding for the Green Team to restore the land with seedlings and other plants that existed prior to being choked out by the honeysuckle; and (4) educate the public about the destruction of the Ohio forest caused by invasive plants- at community gatherings, in the schools and on the web site. She also asked that Council void the citation she has received. She then distributed information from the State of Ohio about the invasive plants. The Metro Parks have been actively eliminating this plant from their parks for over four years. She noted that the City's policy on maintenance of natural lands is to trim trees that create an unsafe environment - they do not replace them. She suggests that the natural park behind her home be named, "Harmony Park" and that it serve Indian Run Elementary and Sells Middle School as an outside science lab, perhaps with bluebird nests. She supports having paths through the park to help preserve the forest floor. Someone has removed all of the mature poison ivy plants that are a source of food for the birds. She suggests planting seedlings so that children can witness nature working at its own place. In addition, there is barbed wire running through the park and it should be removed, as it is dangerous. Ms. Brautigam stated that staff would provide a report on this matter at the next Council meeting. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 August 18,2003 Page 3 Held 20 Wendy Borders. 306 Monterey Drive stated that she is President of the Waterford Village Civic Association. She recently learned about the parkland issue and viewed the site. She was distraught to find that many plants have been removed. While she is not familiar with the invasive plant issue, she does not condone a resident taking the matter into her own hands. It has never been discussed at any neighborhood meetings, and she requests that the City investigate this. She will support the findings of the City staff and work with staff on this. There are many residents along Stonewall who are upset with the damage that has been done. Michael Blake. 348 Stonewall Court stated that his house is adjacent to the Altenburg's house. He, too, is concerned with the resident's action. When he moved to Waterford, he was told this area was a bird sanctuary. He moved to this location because of the park area located behind his house. They enjoy nature as it exists and do not want a resident to decide what should exist and what should be removed. There was no consensus of the neighborhood in this undertaking. While Ms. Altenburg may be a naturalist, it is only neighborly to contact the adjacent property owners. She has often asked him to remove a large honeysuckle bush in his yard. However, her yard is so unsightly that he does not want to remove this buffer. There are piles of brush in her yard which have been removed from the parkland and could attract rodents. Ms. Altenburg has suggested that the City regulate plantings on private property and he is opposed to that. He is concerned about the pattern of behavior - it is not an isolated incident. The problem has been ongoing since he has lived there. She has construed the neighbors' lack of public complaint as support for her efforts. They decided it was time to speak out. John Wells. 324 Stonewall Court stated that this matter came to their attention a week or so ago. They have installed a fence in their yard around the pool and the honeysuckle behind the fence has now been trampled down or removed. He agrees with the last two speakers. What one person thinks is natural is not what everyone else thinks is natural. Ms. Altenburg should have contacted the City and should have obtained consensus of the neighbors before taking action. Occasional walk throughs are needed in the park to clean up the trash. The City has instructed residents to take the trash out to Monterey and the City has then hauled it away. Other than that, the rest of the area should be left in its natural state. Tom Camper. 332 Stonewall Court noted that he supports the opinions of the last three speakers. He is totally opposed to any change in the natural state of the parkland. When he bought his lot 25 years ago, he was told that the park was a natural area, deeded to the City, and that it would remain in its natural state. This influenced their decision to purchase the lot in this location. Sherman Liddell. 3838 Summitview Road. Dublin noted that he has owned the property on the corner of Sawmill and Summitview since 1972. They have resided on the property since November of 1983. He has concern that Dublin, known as an affluent suburb, has way above average services in general - police, emergency services, arborists, etc. He noted that Mrs. Boring, Ward 1 representative has at times questioned the dollar value in return for the money being spent. One concern of his and some of his neighbors is that they don't have sewers in their quadrant. The problem is the capacity of the land to continue to percolate and the danger of sewage escaping into the drainage system, constituting a health issue. However, City dollars are available to spend for beautification. He questions the wisdom of spending for plants along roads where salt later kills them. It is an issue of priority. Fountains for golf courses are nice, but of greater importance are health, sanitation and sewers. In January of 1999, he submitted a petition to Council which was signed by all but 3 people, all of whom were not home. He was told that a study would be done and that services could probably be worked out under some type of compromise or settlement. He has never heard anything. The only comment he received was a retort that if sewers were to be provided, it would be at a cost of $40-60,000 for each household. Granted, developers have paid for sewers in new areas. But those who have lived in Dublin for years, maintaining their septic systems have done so at an expense - probably not much different than the average sewage bill in a City of Dublin household. In a city of this quality, the problem needs to be addressed and sewers brought to them. He has information that sewer services are available from Delaware County. It is time that attention is paid to this problem and the matter is resolved. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 August 18,2003 Page 4 Held 20 Mayor McCash asked Ms. Brautigam to respond, noting that a considerable amount has been spent by the City in providing water and sewer lines to unserved areas, the majority of which were on the east side of the river. Ms. Brautigam stated that a study session is scheduled for Monday, September 8 to review water and sewer extensions to unserved areas in follow-up to the CIP budget sessions. Mr. Liddell should attend that meeting. She added that there has been a request from some citizens to reschedule the study session, due to the fact they cannot attend. Mr. Kranstuber asked if Mr. Liddell's area has been studied. Ms. Brautigam responded that the studies done by the Community Services Advisory Commission included all areas of the City which are currently unserved. Mrs. Boring recalls that the area was studied and design was done. She believes that the residents were told to wait until the developer extended the sewer lines further east in the Wyandotte Woods area. This discussion also came up in regard to the repaving of Summitview. She suggested that staff provide background information on the topic. Mr. Hammersmith stated that a preliminary alignment study with associated costs was done by CDM. It was predicated on the sewer being extended through Wyandotte Woods as it developed over to Summitview. This information is reflected in material to be discussed on September 8. The Trails End Drive area and Mr. Liddell's area would benefit from this sewer. But the Wyandotte Woods development was to provide the initial portion of that sewer extension. Staff will research the history on this matter. Discussion followed about the possible rescheduling of the September 8 study session. It was the consensus of Council to reschedule the session for Monday, September 29 at 7 p.m. The September 8 session was cancelled. LEGISLATION SECOND READING/PUBLIC HEARING - ORDINANCES ZONING Ordinance 65-03 Establishing Dublin Zoning for 11 Parcels Comprising an Area of Approximately 154 Acres, As Annexed from Washington and Concord Townships in 1973, and Jerome Township in 1988, Located to the North of Brand Road, on Both Sides of Avery Road, as: R-1, Restricted Suburban Residential District and R, Rural District. (Case No. 03-054Z - Northwest of Brand/Muirfield Intersection area rezoning) Mayor McCash moved to waive the Rules of Order and read 65-03, 67-03 and 68-03 together. Ms. Chinnici-Zuercher seconded the motion. Vote on the motion: Mr. Reiner, yes; Mr. Kranstuber, yes; Mrs. Boring, yes; Ms. Chinnici- Zuercher, yes; Ms. Salay, yes; Mayor McCash, yes; Mr. Lecklider, yes. Ordinance 67-03 Establishing Dublin Zoning for 17 Parcels Comprising an Area of Approximately 47.65 Acres, as Annexed from Washington Township in 1974 and 1988, Located Generally North of Brand Road, West of Dublin Road, to: R-1, Restricted Suburban Residential District. (Case No. 03-056Z - North of Brand, Ashbaugh to Dublin Road area rezoning) Ordinance 68-03 Establishing Dublin Zoning for 121 Parcels Comprising an Area of Approximately 217 Acres, as Annexed from Washington Township in 1974, Located on the West Side of Dublin Road, Approximately 300 Feet North of Rushwood Drive, as: R-1, Restricted Suburban Residential District. (Case No 03-057Z - River Forest rezoning) Ms. Clarke stated that Legal staff has strongly encouraged this effort to establish official Dublin zoning classifications for all parcels in the City. She noted that sometimes in the past, zonings were established by a less than full public hearing, full public notice and at times, by motion of Planning Commission. In any case, staff has undertaken a methodical review of the full zoning history of all parcels in Dublin. For those parcels where Dublin zoning has not been established by ordinance, it is now being done. Ordinance 65-03 relates to parcels north of Brand and on the east and west sides of Avery Road, including part of the Riviera Golf Course and the reserve that is part of Phase 43 greenspace within Muirfield Village. Ordinance 67-03 relates to several large lots along Dublin and Brand Roads. Ordinance 68-03 relates to River Forest neighborhood and includes 121 parcels. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 August 18,2003 Page 5 Held 20 Public meetings were held with the neighborhoods at the Rec Center and there is no opposition, as far as she is aware. The three ordinances have been forwarded by P&Z with a recommendation for adoption. One ordinance includes a parcel which is currently being reviewed for a PUD zoning district and is in process. A condition appended by the Planning Commission does not apply in this case. Mayor McCash invited public testimony. Ron Geese. 5584 Brand Road stated that they are in support of the ordinance to establish zoning. He reminded Council and staff that he resided in this location in 1974 and that he and his neighbors are by now entitled to City services. They are fighting to obtain water and need an easement from the City through the parkland at Bristol Commons. Water service will be expensive for them to obtain, yet their well is not reliable due to continuing electric outages. There have been nine outages this year. Sewer is not available to this area. The City is requesting this zoning, but at the same time, they believe the City has an obligation to help them. Another issue is a neighbor at 5056 Brand Road with two nearly abandoned houses with junk cars on the site. The City has an obligation to keep those areas maintained. He is not certain if the City is aware of this situation. In conclusion, he noted that they are in agreement with the zoning action but believe they are entitled to some services at some price. They are asking for a staff person to be assigned to work with them to obtain these services. Ms. Brautigam responded that Ken Richardson has been working with Mr. Geese on this matter. She will follow up on this. Mr. Geese added that his property and the Campbell property are included on an old distribution line for electric services. Some of the service areas are not up to date. They experience frequent outages, and any help from the City in resolving this would be appreciated. Mrs. Boring noted that Ms. Brautigam is aware of another resident with an electrical service problem. Ms. Brautigam stated that staff would investigate and report back. Mr. Lecklider asked for clarification of the property with maintenance issues. Is this in the township or in the City? Ms. Clarke stated that there was some confusion about this, but the property is within the City jurisdiction and Code Enforcement will be notified. Ms. Chinnici-Zuercher noted that there are three properties: one has an abandoned house with high grass; one has two abandoned cars in the field; and a third property has a car in the front yard. Ms. Clarke clarified that the third property is in the township, although the owner lives in Dublin. Staff will follow up on this and notify the township officials. Mr. Kranstuber asked if Mr. Geese's water service issues will be addressed on September 29 or if this is a localized issue. Ms. Brautigam responded that Mr. Richardson would work with him on this issue. Mr. Kranstuber asked how the electrical service issues would be handled. Ms. Brautigam stated that staff has a liaison at AEP and she will be contacted. There is a similar situation on the east side of the river which Mrs. Boring alluded to. Tracy Inqram. 5035 Ballybridqe Drive. Wellinqton Place noted that her property is adjacent to the property Mr. Geese has referenced. The property is infested with ticks and is not mowed. She supports the P&Z recommendation for zoning. She suggested in regard to the adjacent property at 5056 Brand Road that the water runoff problem be addressed. The seven lots in Wellington behind this area required an underground French drain tile which took away a portion of their yards. Because of the tree line and its preservation, they were willing to have the drainage tile installed. They hope that the tree area will be preserved. She supports the zoning, as do the neighbors. Brief discussion followed about code enforcement for the weed situation and abandoned cars. Ms. Brautigam responded that this will be investigated and action taken immediately. Ms. Ingram offered that this area was not annexed to Dublin until last year and that previous complaints to the township did not generate any response. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 August 18,2003 Page 6 Held 20 Vote on Ordinance 65-03: Mr. Kranstuber, yes; Mrs. Boring, yes; Ms. Chinnici-Zuercher, yes; Ms. Salay, yes; Mr. Lecklider, yes; Mr. Reiner, yes; Mayor McCash, yes. Vote on Ordinance 67-03: Mr. Lecklider, yes; Mayor McCash, yes; Mr. Kranstuber, yes; Mrs. Boring, yes; Ms. Salay, yes; Mr. Reiner, yes; Ms. Chinnici-Zuercher, yes. Vote on Ordinance 68-03: Mrs. Boring, yes; Mr. Kranstuber, yes; Mr. Reiner, yes; Ms. Salay, yes; Ms. Chinnici-Zuercher, yes; Mr. Lecklider, yes; Mayor McCash, yes. CAPITAL IMPROVEMENTS PROGRAM Ordinance 69-03 Adopting the 2004-2008 Five-Year Capital Improvements Program. Ms. Grigsby stated that the memo provides an update on any requests for modifications to the CIP made by Council. In addition, staff has attempted to address the issues and concerns raised by Council in the meetings and follow-up matters have been identified. Also included is a revised spreadsheet, based on Council's direction, and the final CIP document. Ms. Salay thanked staff for the follow-up memo. Vote on the Ordinance: Mrs. Boring, yes; Mr. Lecklider, yes; Mayor McCash, yes; Mr. Reiner, yes; Ms. Salay, yes; Ms. Chinnici-Zuercher, yes; Mr. Kranstuber, yes. CODE AMENDMENT Ordinance 76-03 An Ordinance Amending the Dublin Codified Ordinances, Section 153.002 - Definitions, to Define Minor Plan Modification. (Case No. 03-066ADM) Ms. Brautigam stated that this item has been returned to Council with a recommendation for adoption from P&Z. Mr. Lecklider asked for confirmation of whether this was this a special session of P&Z. There were only four votes cast. Ms. Clarke confirmed that this was an Administrative Meeting and only four members were present. Vote on the Ordinance: Ms. Chinnici-Zuercher, yes; Mr. Kranstuber, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mayor McCash, yes; Ms. Salay, yes; Mr. Lecklider, yes. ANNEXA nON Ordinance 79-03 Accepting an Annexation of 2.42+/- Acres from Perry Township, Franklin County to the City of Dublin. Ms. Brautigam stated that this annexation involves right-of-way. There is no further information to report. Vote on the Ordinance: Mr. Lecklider, yes; Ms. Salay, yes; Mrs. Boring, yes; Mayor McCash, yes; Mr. Kranstuber, yes; Ms. Chinnici-Zuercher, yes; Mr. Reiner, yes. BID Ordinance 82-03 Accepting the Lowest and Best Bid for Pavement Marking Services and Authorizing the City Manager to Enter into a Contract for Procurement of Said Services. Vote on the Ordinance: Mr. Kranstuber, yes; Mr. Lecklider, yes; Mayor McCash, yes; Ms. Salay, yes; Mr. Reiner, yes; Mrs. Boring, yes; Ms. Chinnici-Zuercher. yes. COMPENSA nON PLAN Ordinance 83-03 Amending Section 10 ("Medical, Dental, Vision, and Life Insurance") of Ordinance 98-96 (Compensation Plan for Non-Union Personnel.) Ms. Brautigam reported that there is no additional information on this item. Mr. Kranstuber commented that the ordinance is consistent with the recommendations of the Administrative Committee. Mayor McCash thanked the Committee for their hard work on this difficult matter. Ms. Chinnici-Zuercher added that Mr. Harding and staff did an excellent job of maintaining communication with the employees and obtaining feedback during the process. Vote on the Ordinance: Mrs. Boring, yes; Mr. Kranstuber, yes; Mr. Reiner, yes; Ms. Chinnici-Zuercher, yes; Mr. Lecklider, yes; Mayor McCash, yes; Ms. Salay, yes. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC FORM NO 10148 August 18, 2003 Page 7 Held 20 INTRODUCTION/FIRST READING - ORDINANCES CODE AMENDMENT Ordinance 88-03 Adopting Section 91.12 and Amending Section 91.99(A) of the Dublin Codified Ordinances Regarding Feeding of Waterfowl on Publicly Owned Land. (Second reading/public hearing September 2 Council meeting) Ms. Salay introduced the ordinance. Ms. Brautigam stated that Ms. Crandall will present this. Ms. Crandall stated that this ordinance puts into place a "no feeding" regulation for waterfowl on public property. It is part of a larger goose management plan and is something that the Ohio Wildlife Center and ODNR have encouraged the City to develop. The Humane Society of the United States also advocates that communities with large Canada goose populations put the regulations into place. The intent is not to actively seek enforcement, but is more of an educational tool so that signs can be posted on public property where people are feeding geese. This will also allow the City, if it chooses, to seek permits from ODNR for population reduction. If the City should do population control, it would do only the type advocated by the Ohio Wildlife Center and the Humane Society, i.e., egg addling or egg oiling. In response to Mr. Reiner, Ms. Crandall stated that egg addling consists of monitoring the nests. Prior to fertilization, the egg is shaken. Egg oiling involves placing a covering of oil on top of the egg, preventing it from hatching. These methods are advocated by the Humane Society and other wildlife protection organizations. Ms. Salay asked who would perform these procedures and at whose expense. Ms. Crandall stated that after a permit is obtained, the City would work with the Ohio Wildlife Center field agent. Some of the Grounds crew would also help out with this effort. Mrs. Boring asked for an update on efforts in controlling the deer. Suggestions made to a homeowner recently were totally unacceptable to him. Is the City planning to initiate something as comprehensive as this program? Ms. Crandall responded that the homeowner was planting items attractive to the deer and the field agent advised them of this. Another homeowner has a motion sensitive sprinkler system which is deterring the deer from his property. Mrs. Boring noted that the concern is with planting other varieties of plants which hungry deer will eat, given the fact that their habitat is being destroyed. She hopes that the City can move from bird population control to considering deer population control. Ms. Brautigam stated that the steps have not been taken to implement population control for deer. If Council desires staff to pursue such methods, they would need to give that direction. Mrs. Boring moved to direct staff to investigate deer population control methods to find out what can be done in this regard. Mr. Kranstuber seconded the motion. Ms. Salay noted that she would first be interested in obtaining a report from the Ohio Wildlife Center and ODNR about deer and their habitat prior to instructing staff to control the deer population. This is a very large issue and involves more animals than deer. There is a lot of information available and no need to have staff research this. Vote on the motion: Ms. Salay, no; Mrs. Boring, yes; Mr. Reiner, no; Mr. Lecklider, yes; Mayor McCash, no; Mr. Kranstuber, yes; Ms. Chinnici-Zuercher, yes. (Motion carried) Ms. Salay asked that the education effort include providing information that it is illegal to hunt in the City limits. New residents may not be aware of this regulation. Ms. Crandall added that the geese are federally protected. There will be a second reading/public hearing at the September 2 Council meeting. B/D Ordinance 89-03 Accepting the Lowest and Best Bid for the Dublin Road Bikepath Project (Reserve Drive to Glick Road), and Declaring an Emergency. (Request to dispense with public hearing) Ms. Salay introduced the ordinance. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 August 18,2003 Page 8 Held 20 Mr. Hammersmith stated that favorable bids were received on this project, as outlined in the memo. Mrs. Boring asked if a review has been done of the contractor's references. She would not want the pavement to break up within two years as has happened in other areas. Mr. Hammersmith responded that the reference check has been completed satisfactorily. Mr. Kranstuber moved to dispense with the public hearing and treat this as emergency legislation. Ms. Chinnici-Zuercher seconded the motion. Vote on the motion: Mayor McCash, yes; Mr. Reiner, yes; Ms. Salay, yes; Mrs. Boring, yes; Ms. Chinnici-Zuercher, yes; Mr. Kranstuber. yes; Mr. Lecklider, yes. Vote on the Ordinance: Ms. Salay, yes; Ms. Chinnici-Zuercher, yes; Mr. Kranstuber, yes; Mayor McCash, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr. Lecklider, yes. LAND ACQUISITION Ordinance 90-03 Authorizing the Acquisition of a 1.384 Acre, More or Less, Parcel of Land and a 1.341 Acre, More or Less, Parcel of Land from the Estate of Patricia G. Schumann, Located on Dublin Road, South of Emerald Parkway, Washington Township, County of Franklin, Appropriating Funds Therefor, and Declaring an Emergency. (Request to dispense with public hearing) Ms. Salay introduced the ordinance. Ms. Brautigam stated that this is the property being purchased in conjunction with the Scioto River greenway project. It was approved for funding via the Clean Ohio grant program. She thanked staff for their hard work on this grant application. Mr. Lecklider moved to dispense with the public hearing and treat this as emergency legislation. Ms. Salay seconded the motion. Vote on the motion: Mr. Lecklider, yes; Mr. Reiner, yes; Mrs. Boring, yes; Ms. Chinnici- Zuercher, yes; Ms. Salay, yes; Mayor McCash, yes. Vote on the Ordinance: Mrs. Boring, yes; Mayor McCash, yes; Mr. Lecklider, yes; Mr. Reiner, yes; Ms. Chinnici-Zuercher, yes; Ms. Salay, yes. AGGREGA TlON Ordinance 91-03 Adopting A Plan of Operation and Governance for a Municipal (Opt Out) Electric Aggregation Program and Authorizing the City Manager to Submit Said Plan to the Public Utilities Commission of Ohio. (Second reading/public hearing September 2 Council meeting) Ms. Salay introduced the ordinance. Ms. Brautigam stated that there are a series of ordinances and resolutions to be introduced tonight regarding electric and gas aggregation. Mr. McDaniel stated that, as indicated in the staff report, there are five pieces of legislation proposed. Two ordinances move the City toward becoming an opt-out aggregator, per Council's previous action. There are also two resolutions authorizing the City Manager to enter into contracts with an electric and a natural gas provider. Staff is requesting approval of Council of the framework of these agreements, with the provision that (1) they will not be executed until the City receives certification from PUCO after submission of plans of operation and governance and approval of such; and (2) after an appropriate price is negotiated with potential suppliers. The prices are market driven and fluctuate on a daily basis. so rapid action would be needed to enter into an agreement if a favorable market price is negotiated. The last resolution relates to the City becoming a member of a Council of Governments as a mechanism to work together towards aggregation. This is now being done on an informal basis with Gahanna, Bexley, Upper Arlington and Reynoldsburg. American Municipal Power of Ohio has been negotiating on the group's behalf with natural gas and electric suppliers. Greg Sloan of AMP Ohio is present to respond to questions. Ms. Salay noted that, essentially, the City is investing in energy futures with these programs and committing to a rate for the City. What are the potential pitfalls? The public needs this information to make a decision about opting in or opting out. Mr. McDaniel responded that there is some risk involved, generally less with electric than with natural gas. On the electric side, a savings for the distribution side may be 1-5 percent. Regarding natural gas, there is somewhat more risk, as futures tend to fluctuate more. The resident always has the option of not joining. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 August 18, 2003 Page 9 Held 20 Mr. Sloan pointed out that for electric, the rates are known for the next two years. If an offer is not received which will result in a savings to the resident, a proposal will not be brought forward. For gas, with fluctuating rates, the options are to look for a fixed rate that will offer price certainty or a rate that is simply less than the gas company's rate. It is possible that another supplier may have a lower rate, such as a fixed one-year rate. Ms. Chinnici-Zuercher stated that if a resident opted in and then decided to switch, the documents indicate there is a switching fee. Mr. Sloan stated that it would be in the form of an early termination fee. Typically, the fee for early termination is in the range of $25. This can be negotiated with the supplier. It may sometimes make sense for someone to switch, even with the $25 early termination fee. Many don't understand the market and may trust the local government to negotiate for them with the local utilities. Mr. McDaniel added that, in general, these plans are fairly standard. AMP Ohio represents 30 or more other communities, and this is not "uncharted territory." He noted that staff may request emergency action at the second reading to waive the 30-day waiting period, depending upon the market conditions. There will be a second reading/public hearing at the September 2 Council meeting. Ordinance 92-03 Adopting a Plan of Operation and Governance for a Municipal (Opt Out) Natural Gas Aggregation Program and Authorizing the City Manager to Submit Said Plan to the Public Utilities Commission of Ohio. (Second reading/public hearing September 2 Council meeting) Ms. Salay introduced the ordinance. There will be a second reading/public hearing at the September 2 Council meeting. ZONING Mayor McCash moved to waive the Rules of Order to have the Clerk read the titles only of Ordinances 93-03 through 97-03 and to refer them to Planning & Zoning Commission. Ms. Chinnici-Zuercher seconded the motion. Vote on the motion: Mr. Kranstuber, yes; Mr. Reiner, yes; Ms. Salay, yes; Mayor McCash, yes; Mrs. Boring, yes; Ms. Chinnici-Zuercher, yes; Mr. Lecklider, yes. Ordinance 93-03 Rezoning Approximately 1.6 Acres, Generally on the North Side of Tuller Road, 540 Feet East of Riverside Drive, from R-1, Restricted Suburban Residential District to SO, Suburban Office and Institutional District (Case No. 03-088Z - Thomas Rezoning - 4444 Tuller Road). Ordinance 94-03 Establishing Dublin Zoning for 83 Parcels Comprising an Area of Approximately 142 Acres as Annexed from Perry Township in 1961 and 1972, South of 1-270, West of Sawmill Road and East of the Scioto River, to R-1, Restricted Suburban Residential, R-2, Limited Suburban Residential, and R-4, Suburban Residential Districts. (Case No. 03-080Z- CDD Residential Area Rezoning). Ordinance 95-03 Establishing Dublin Zoning for 25 Parcels Comprising an Area of Approximately 87 Acres as Annexed from Perry Township in 1961 and 1972, South of 1-270, West of Sawmill Road and East of the Scioto River, to CC, Community Commercial, and SO, Suburban Office, and Institutional Districts. (Case No. 03-081Z - CDD Commercial Area Rezoning). Ordinance 96-03 Establishing Dublin Zoning for 14 Parcels Comprising an Area of Approximately 26 Acres, as Annexed from Concord Township in 1977, East of Dublin Road and North of the Delaware County Line, to R -1, Restricted Suburban Residential District (Case No. 03-082Z - Deer Run). Ordinance 97-03 Establishing Dublin Zoning for 76 Parcels Comprising an Area of Approximately 133 Acres, as Annexed from Washington Township between 1980 and 2001, East of Dublin Road, South of Dunleary Drive, West of the Scioto River, to R-1, Restricted Suburban Residential District. (Case No. 03-083Z - Bellaire Area Rezoning). RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 August 18, 2003 Page 10 Held 20 CODE AMENDMENT Ordinance 98-03 Amending Section 76.02(E) of the Dublin Codified Ordinances Regarding the Posting of the Handicapped Parking Fine Amount, and Declaring an Emergency. Ms. Chinnici-Zuercher introduced the ordinance. Ms. Brautigam stated that Council recently approved an ordinance to bring City Code in compliance with state law, providing that those who have erected or replaced handicapped parking signs after July 5, 2000 were required to indicate on the signage a minimum penalty notification. Staff has prepared a sample of a minimum penalty notification sign. Staff then met to discuss providing notification to the public about those who were required to replace the signage. It was determined to be unworkable, as some would be required to post the signage and others would not. After discussion, staff felt it appropriate to request an amendment of the ordinance from Council to require that all property owners post the minimum fine notification. The City has proceeded with posting signage on City buildings and properties. Staff is suggesting that if Council adopts the ordinance, a communication program will be undertaken to property owners, advising them of the requirement to post the minimum warning notification, and making signage available to them for purchase at the City's true cost. Staff estimates it costs approximately $27.12 to print the sign, but this will be verified. Following notification, staff would immediately begin enforcing the handicapped parking law. After the period of communication with the public, enforcement would begin against property owners who have not posted the signage. A grace period would be allowed until approximately December 1 st to give them an opportunity to post the signage. Another suggestion is that those who are cited be given the opportunity to purchase the signage and thereby have the charges dismissed. The goal of this effort is compliance, not punishment for failure to post the signage. A number of other communities are struggling with this same issue, and this is staff's recommendation for implementation of the new state law. Mr. Kranstuber moved to dispense with the public hearing and treat this as emergency legislation. Mr. Reiner seconded the motion. Vote on the motion: Ms. Salay, yes; Mr. Lecklider, yes; Mr. Reiner, yes; Mr. Kranstuber, yes; Ms. Chinnici-Zuercher, yes; Mayor McCash, yes; Mrs. Boring, yes. Vote on the Ordinance: Mr. Kranstuber, yes; Mrs. Boring, yes; Ms. Salay, yes; Mr. Lecklider, yes; Ms. Chinnici-Zuercher, yes; Mayor McCash, yes; Mr. Reiner, yes. INTRODUCTION/PUBLIC HEARING - RESOLUTIONS GRANT APPLlCA nONS Resolution 31-03 Authorizing the City Manager to Submit an Application to the District 3 Integrating Committee of the Ohio Public Works Commission and to Enter into an Agreement with the Ohio Public Works Commission for the Purpose of Acquiring Grant Funds through the State Capital Improvement Program/Local Transportation Improvement Program for the Dublin Road/Brand Road Intersection Improvement Project. Ms. Salay introduced the resolution. Mr. Hammersmith stated that as staff reported at the last Council meeting, this relates to the grant application for OPWC funding for the intersection improvement. More detailed information is provided in the staff memo, including estimated costs of $707,000 for the improvement which includes final design. bidding. construction, inspection, right-of-way acquisition and contingencies. He offered to respond to any questions. Mrs. Boring asked if a design plan is to be submitted with the grant application. Mr. Hammersmith responded that this is not a requirement. Vote on the Resolution: Ms. Chinnici-Zuercher, yes; Ms. Salay, yes; Mr. Lecklider, yes; Mr. Reiner, yes; Mayor McCash, yes; Mr. Kranstuber, yes; Mrs. Boring, yes. Resolution 32-03 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. Mr. Kranstuber introduced the resolution. Ms. Brautigam stated that this relates to the next round of Clean Ohio grants. While staff remains hopeful of obtaining funding, it is very difficult to do so. This project is appropriate as it involves a riparian corridor along the Indian Run. Staff is requesting approval from Council. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 August 18,2003 Page 11 Held 20 In response to Mrs. Boring, Ms. Brautigam stated that this particular property was discussed in other executive session context. If desired, Council can adjourn to executive session for further discussion at this time. Ms. Salay asked if the property owners are aware of this resolution. Ms. Brautigam responded that as far as she knows, they are not. Negotiations have been ongoing with this property owner. Mr. Smith offered that an executive session is scheduled later in the meeting and discussion can be held at that time. This resolution simply provides authority to the Manager to sign a grant application and Council can provide different direction, if desired, at the next meeting. Vote on the Resolution: Ms. Chinnici-Zuercher, yes; Mr. Kranstuber, yes; Mr. Lecklider, yes; Mrs. Boring, yes; Ms. Salay, no; Mr. Reiner, yes; Mayor McCash, yes. AGREEMENTS - UTILITY PROVIDERS Resolution 33-03 Authorizing the City Manager to Enter into an Agreement with a Competitive Retail Natural Gas Services (CRNGS) Provider. Mr. Lecklider introduced the resolution. Ms. Brautigam stated that, as Mr. McDaniel has indicated, these resolutions authorize the City Manager to enter into contracts for gas and electric when favorable rates become available. Vote on the Resolution: Ms. Chinnici-Zuercher, yes; Mr. Kranstuber, yes; Mr. Lecklider, yes; Mrs. Boring, yes; Ms. Salay, yes; Mayor McCash, yes; Mr. Reiner, yes. Resolution 34-03 Authorizing the City Manager to Enter into an Agreement with a Competitive Retail Electric Services (CRES) Provider. Mr. Lecklider introduced the resolution. Vote on the Resolution: Mr. Reiner, yes; Ms. Chinnici-Zuercher, yes; Mrs. Boring, yes; Mayor McCash, yes; Mr. Lecklider, yes; Ms. Salay, yes; Mr. Kranstuber, yes. Resolution 35-03 Recognizing and Becoming a Member of the Central Ohio Public Energy Council (COPEC) Mr. Lecklider introduced the resolution. Vote on the Resolution: Ms. Salay, yes; Mr. Kranstuber, yes; Mayor McCash, yes; Ms. Chinnici-Zuercher, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mr. Lecklider, yes. Resolution 36-03 Authorizing the City Manager To Enter into a Mutual Cooperation Agreement with Columbus Southern Power Company Regarding the Davidson-Dublin 138KV Transmission Line Project. Ms. Salay introduced the resolution. Ms. Brautigam stated that this is a document which has been negotiated with AEP regarding burial of transmission lines. The document is not actually in final form, as approval of some minor changes is needed from AEP. Essentially, it is an agreement to cooperate regarding the burial of 138KV lines. Ms. Chinnici-Zuercher noted that she fully supports this project, but due to its importance, she does not support approving a draft agreement. All of the entities, including the neighbors, have worked very hard on this and it is important to review the final details. Mrs. Boring noted that she concurs. Ms. Salay asked if it is possible to obtain the final document soon, and whether delaying this approval will interfere with the project. Ms. Brautigam stated that the changes are very minor, but she understands Council's desire to review them. She noted that she is responsible for the delay, as she felt some clarifications were needed in the document. AEP then requested an opportunity to review the changes before finalizing the document. Ms. Salay asked how many property owners are involved in obtaining the necessary easements. Mr. McDaniel estimated that there are approximately ten properties in total. One property owner owns a number of affected parcels. Those discussions are ongoing and relatively sensitive. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 August 18, 2003 Page 12 Held 20 Ms. Chinnici-Zuercher asked if staff will have the results of those negotiations and the City's portion of the costs available at the time the agreement is finalized? Mr. McDaniel responded that he is not certain that the information will be ready at that time. The document is structured so that the City pays 50 percent of the change in the costs. There is also a "not to exceed" clause in the document. Mayor McCash asked for an estimated timeframe on receiving the final draft. Mr. McDaniel noted that he is hopeful that this will be available by the next Council meeting. Ms. Chinnici-Zuercher moved to postpone this item until September 2. Mrs. Boring seconded the motion. Vote on the motion: Mr. Reiner, yes; Mr. Kranstuber, yes; Ms. Salay, yes; Mr. Lecklider, yes; Mrs. Boring, yes; Ms. Chinnici-Zuercher, yes; Mayor McCash, yes. OTHER Final Plat - Shannon Glen. Section 5 Ms. Clarke stated that this plat contains 18 lots and was recommended by P&Z for approval. It was reviewed by P&Z nearly three years ago, and these are the last 18 lots in the subdivision. The Commission approved the final plat with ten conditions on September 21,2000. Mr. Kranstuber moved approval of the final plat with ten conditions. Ms. Salay seconded the motion. Vote on the motion: Mr. Lecklider, yes; Mr. Reiner, yes; Mr. Kranstuber, yes; Ms. Chinnici-Zuercher, yes; Mayor McCash, yes; Mrs. Boring, yes; Ms. Salay, yes. Final Plat - Ballantrae. Section 5. Lots 401 - 470 Ms. Clarke stated that this plat contains 70 lots and is located west of the maintenance facility on Shier Rings Road. It conforms to the preliminary plat. P&Z approved the plat on July 10, 2003 with 16 conditions. Mr. Kranstuber moved approval of the final plat with 16 conditions. Mr. Lecklider seconded the motion. Vote on the motion: Ms. Chinnici-Zuercher, yes; Ms. Salay, yes; Mr. Lecklider, yes; Mrs. Boring, yes; Mayor McCash, yes; Mr. Kranstuber, yes; Mr. Reiner, yes. Request for Waiver of Fee for BZA Variance - Vincenzo's Ms. Clarke stated that Vincenzo's has an existing outside seating area which requires a conditional use approval. They have submitted their request for a fee waiver after the fact. The fee for conditional use applications is $2,640 and is based upon the cost of services study. The applicant has submitted a letter requesting this fee waiver. Lou Bonfante. owner of Vincenzo's stated that they are requesting a waiver of the fee for a conditional use. It relates to a very small area with a couple of tables, and the fee seems to be fairly high. They have already spent $1,500 which includes custom-made planters, plus additional tables, chairs and umbrellas. They respectfully request waiver of this fee. Mr. Reiner asked if this is a flat fee or is based upon square footage. Ms. Clarke responded that all conditional uses have the same fee of $2,640. Mr. Lecklider asked about their signage - does it meet Code? Ms. Clarke responded that as far as she is aware, it does meet Code. Mr. Lecklider explained that the letter references the signage in relation to a justification for this conditional use waiver. Mayor McCash stated that he is confused about the signage issue - it is a wall sign which faces SR 161. Ms. Clarke responded that initially, the signage was in a different area and was replaced. She believes it does comply with Code. Mr. Kranstuber moved to waive the fee for the conditional use application based upon the lack of complexity and other bases outlined in Mr. Bonfante's letter. Ms. Chinnici-Zuercher seconded the motion. Vote on the motion: Mr. Lecklider, no; Mr. Kranstuber, yes; Ms. Chinnici-Zuercher, yes; Ms. Salay, no; Mrs. Boring, no; Mr. Reiner, yes; Mayor McCash, no. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 August 18, 2003 Page 13 Held 20 (Motion failed) STAFF COMMENTS Council Discussion Orientation for Council Candidates and Newly Elected Members Ms. Brautigam noted that on September 3, an orientation session will be held for those who have filed as Council candidates. A letter will be sent to all candidates on August 22 inviting them to attend this session, and Council Members are invited to attend as well. The Deputy City Managers, Assistant City Manager and Clerk of Council will also be attending, and basic information will be provided to candidates about packets and other administrative matters. There is also a tentative schedule proposed for new Council orientation on November 19, a reception on January 5 for families and Council Members, and a tour of the City facilities and more comprehensive orientation on January 9. Lastly, she is proposing that the Council retreat be held in January versus later in the year. She is suggesting the weekend of January 24, if that is acceptable. Ms. Salay noted that the Friday session last year was nice, as it did not require a weekend away from families. Following discussion, it was the consensus of Council to schedule the retreat on Friday, January 23, 2004. Mr. Lecklider asked that staff come back to Council with information on a proposed facilitator for this session. Mrs. Boring asked about Council packets - will they be delivered to candidates? Ms. Brautigam confirmed that packets will be delivered to candidates after they have officially filed their petitions. Appointment of City Council Representative to Economic Development Strateqy Update Steerinq Committee Mr. Stevens noted that staff is requesting appointment of a Council Member as a representative on the Steering Committee. Mayor McCash moved to appoint Mrs. Boring to this position. Mrs. Boring stated that she is willing to serve in this capacity. Ms. Chinnici-Zuercher requested that all Council Members be provided with the meeting schedule. Ms. Salay seconded the motion. Vote on the motion: Mr. Reiner, yes; Ms. Chinnici-Zuercher, yes; Mr. Kranstuber, yes; Mrs. Boring, yes; Mayor McCash, yes; Mr. Lecklider, yes; Ms. Salay, yes. COUNCIL ROUNDTABLE/COUNCIL COMMITTEE REPORTS Mr. Reiner stated that Council received a letter dated August 8, 2003 from Dublin resident Jeff Franklin of Riverside Drive regarding the difficulty he has encountered in selling his home. After reviewing the reasons he has cited in his letter, and in view of the expansion of Columbus over the past 30 years into the Polaris and outlying areas, destroying the core areas of their City, it is important for Dublin City Council to contemplate some of the issues Mr. Franklin has raised. Council's role is to protect the citizenry and to be fair with everyone. He encouraged everyone to read this letter. Mayor McCash added that he forwarded the letter to Mr. Smith for response. Perhaps Legal staff could provide a memo to Council on steps which Council could take in response to these issues. Mr. Kranstuber noted that a positive response to these concerns is that Dublin has a community plan, unlike many other cities. This should properly sequence growth and control density. In addition, the City could aggressively purchase land, taking it out of development. The issues identified in Mr. Franklin's letter are market driven. Mr. Reiner noted that there is a good supply of four-bedroom homes in Dublin, and it is time to create other kinds of housing. In March, Council requested that staff provide a report in six weeks regarding the new ruralism concepts which would address these issues. Mayor McCash noted that in the list of pending items for Council committees, the new ruralism and conservation subdivision design concepts were referred to the Community Development Committee. A meeting date is yet to be established. Mr. Reiner noted that his recollection is that in follow-up to the joint Council and P&Z meeting in, a report was to be sent to Council from staff regarding new ruralism. He understands that the Planning Commission has a heavy caseload at this time. Mrs. Boring noted that the Commission is awaiting a report from the Community Development Committee. Mr. Reiner disagreed, noting that the Planning division is working on this item. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK 'NC FORM NO 10148 August 18, 2003 Page 15 Held 20 stage it. He was also impressed this year with the diversity of entertainment offerings, especially those appealing to the younger crowds in the evening. Mr. Lecklider: 1. Asked about the police services proposal for Washington Township. It appears that District 4 is roughly contiguous with Ward 4. His concern is with adequate coverage of Dublin residents, but perhaps this is being addressed with the additional patrol officer proposed. Chief Epperson stated that District 4 is bounded by Brand Road on the north, US 33 on the south, the City's western boundary and the river. Under the proposal, the largest area of Washington township which would be patrolled by the City would be in the southwest area of the City. Under the proposal, the boundaries of District 4 would be expanded south to Shier Rings. District 5 boundaries would be expanded to the southwest to incorporate the largest area of township. In those two districts, an additional officer would be added for Monday through Friday, from 6:45 a.m. - 10:45 p.m. It may actually provide better coverage during these hours than currently exists. Mr. Lecklider summarized that Districts 4 and 5 could actually have enhanced coverage during these time periods. 2. Commented in regard to the skate park, that he occasionally stops by in the evening hours in view of recent complaints. He observed recently that there were skaters and cars in the park after dark. Is enforcement of the park closing hours complaint driven, or are parks routinely patrolled at closing hours? Chief Epperson responded that in every district, it is routine practice for officers to patrol park areas and inform patrons that the parks are closed at dark and that they must leave. It is driven not only by complaints, but initiated by the officers. 3. Reported that he viewed the LPGA on television and asked for clarification about the agreement for references to Dublin in the advertising. More often, he heard references to Tartan Fields and not to Dublin. Ms. Puskarcik responded that in official correspondence or in ads placed, the reference was to Dublin, Ohio. In addition, the sportscasters were coached to make reference to Dublin, Ohio. There was a similar issue with the Memorial Tournament for several years, and this will likely be resolved over time. Staff delivered packages to all of the sportscasters to help in this effort of identification of Dublin. Mr. Kranstuber added that the event was very nice, and much of the material and the banners at the course included Dublin identification. 4. Noted that on Saturday morning, he was eastbound on Tara Hill and was followed by a white Jeep with vanity plates who attempted to pass him three times. He contacted the non-emergency number at the Police division and is not certain of the outcome. He is hopeful this was an isolated incident. Ms. Salay: 1. Reported that she received an e-mail today from someone who lives on Tara Hill which made reference to the new speed control unit. She was not aware this was operational. What is the status of this unit? Chief Epperson responded that the sergeant has been selected, and one officer is part of this unit. They have begun implementing the program. By the first week in September. the other three officers will be selected and the speed control unit will be completely implemented. Ms. Salay asked that staff provide a report on the planned activities for this unit so that the information can be shared. Ms. Brautigam stated that staff is planning to have the entire unit introduced at an '" upcoming Council meeting. 2. Complimented staff for following up on the noise ordinance issue with Shawnee Hills and Columbus. It is very much needed. 3. Noted that she received an inquiry today about the western soccer fields at Darree Fields and for what period of time they will be rested. There are many people who would like to schedule practices if they are available. Mr. McDaniel will check on this and report back. Mrs. Borinq: 1. Noted that the report about the fire department's concerns about traffic calming measures was somewhat lacking in terms of talking with the firefighters directly. It is important to receive their input. Mr. Hammersmith noted that Chief Woo spoke on behalf of the fire department in regard to the modern roundabouts. Chief Woo drove with staff on the Norn Street and RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 August 18,2003 Page 14 Held 20 Ms. Brautigam stated that staff had promised to have a report back to Council in six weeks, and that has not happened due to the large number of development applications, administrative items and Code changes under review. Ms. Clarke added that the Commission has scheduled extra meetings on the last Thursday of each month for administrative matters. P&Z completed review of the appearance code at the last meeting; they will consider the historic district and new ruralism items at a Special Meeting on August 28th. Mr. Reiner asked if a planner has been assigned to research the new ruralism matter. Ms. Clarke responded that Mr. Gunderman has been assigned to this task. Ms. Chinnici-Zuercher: 1. Reported that she, Mrs. Boring, Ms. Brautigam and others recently attended the LPGA luncheon at the Golf Club of Dublin. The golf portion of the event was cancelled due to the torrential rainstorm. She represented City Council and presented the volunteer award at the event. 2. Noted that MORPC has requested that she join the Regional Steering Committee. She has accepted this invitation. The first meeting is scheduled for next week, and she will keep Council advised of their progress. 3. Reported that she also represents Council on the COT A Advisory Board and they meet every other month. At last week's meeting, a large part of discussion was in follow-up to a MORPC presentation regarding the traffic study to be done. Concerns continue with the lack of leadership by Columbus and the fact that other jurisdictions requested more comprehensive planning. COT A is one form of transportation that needs to be considered in traffic planning. While it is admirable that Columbus suspended the development process in the Hayden Run corridor based on the outcry of the suburban and township groups, the more important aspect will be the commitment of Columbus to traffic planning and funding of improvements in response to the report when it is completed. 4. Noted that the Development Code Revision Task Force meets on Wednesday, September 10 at 7 p.m. Mr. Lecklider and Mr. Reiner also serve on this Task Force. 5. Asked for a brief update in follow-up to the letter Council received from Mr. Rich regarding the Bash property. Ms. Brautigam stated that this matter has been reconsidered and Mr. Banchefsky will be in contact with Mr. Rich. Mr. Rich was requesting that Council waive the variance rules. She has responded to Mr. Rich that she will not recommend that Council do so. If Mr. Rich wants to appear before Council to make a case for this, he is welcome to do so. Secondly, Mr. Rich has an issue regarding an interpretation of the building code which applies to the project. Staff believes that the previous building code does not apply, as there was never final approval under the old building code and therefore no opportunity for those provisions to vest. There is now a new building code under the State of Ohio and it is necessary for the applicant to reapply under this Code. Mr. Banchefsky will be responding to Mr. Rich with this information. Mayor McCash commented that Mr. Banchefsky should check with the Board of Building Standards. The Code that applies to a project is the Code under which the application was filed. If there was never any formal approval, it would fall under the old Code. Ms. Brautigam stated that based upon the information Mr. Price has given to Mr. Banchefsky, it remains the City's position that the applicant did not have vesting under the old Code. Mr. Reiner stated that he is in agreement with staff on this matter. 6. Noted in regard to tree trimming under power lines, she recently discussed this matter with some citizens from Arlington and Worthington. In those communities, AEP has come in and trimmed trees on private property without any notice or discussion. She wanted staff to be aware that the notice and discussion with residents about trees to be trimmed does not always take place. 7. Commented in regard to the Irish Festival that on Saturday evening, the major intersection lights were on flash sequence at approximately 11 p.m. With the volume of people on the roadways at that time, many of whom were not familiar with Dublin. it is important to review this safety issue. Mr. Kranstuber complimented Ms. Puskarcik and staff on the entire Irish Festival. He heard many very positive comments about the event. Many commented on its complex nature with many elements and were impressed with the fact that a small City could RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK. INC.. FORM NO_ 10148 August 18, 2003 Page 16 Held 20 Ballantrae traffic circles which are more constrictive than a roundabout. Staff will coordinate design of roundabouts with the fire department. 2. Asked Mr. Reiner, Community Development Chair about the status of a meeting with the Jenmar Court and Grandee Cliffs residents in regard to designing the parameters of a noise study, and whether the houses will be retained or not. Ms. Brautigam stated that her understanding from Council's discussion was that Council opted not to have a noise study done. Mrs. Boring responded that her recollection of the discussion is that a decision would need to be made about what would be done with Jenmar Court in conjunction with the residents, and that the noise issue could then be addressed. In any case, this needs to be done soon. Ms. Brautigam stated that she will review the minutes of the discussion and report back in the Council Roundtable response for the next packet. Mrs. Boring noted that a meeting date is still needed to determine what will be done with the properties. Mayor McCash suggested that the Committee identify a meeting date for this issue and for the traffic calming issues related to Tara Hill. 3. Noted that the Mayor seems to be officiating at many weddings. Apparently, he is listed on a web site as being available for wedding ceremonies! 4. Wished Bobbie Clarke a very Happy Birthday! Mayor McCash: 1. Noted in regard to tree trimming under power lines, he suggested that staff review this issue in the context of the landscaping code, Le., type of street trees to be used in areas where overhead power lines will exist. Ms. Brautigam stated that at the last meeting, staff reported that they work hard to ensure selection of trees of an appropriate height so that they will not interfere with existing power lines. In the case of Frantz Road, it was assumed that the power lines would be buried at a future date. However, due to the high cost of utility burial, that did not happen. For this reason, the trees interfere with the power lines in this area. Mayor McCash noted that the same issue exists along Tuller Road. Ms. Brautigam will check with staff on this matter again. 2. Reported that staff member Christine Nardecchia was named to the "Forty Under Forty" list in Business First. Congratulations to her! Mayor McCash moved to adjourn to executive session at 9 p.m. for land acquisition, legal and personnel matters. He noted that the meeting will be reconvened only to formally adjourn. Mr. Kranstuber seconded the motion. Vote on the motion: Mr. Reiner, yes; Mrs. Boring, yes; Ms. Salay, yes; Mr. Lecklider, yes; Mayor McCash, yes; Mr. Kranstuber, yes; Ms. Chinnici-Zuercher, yes. vened and formally adjourned at 11 p.m. ~ (! ~ Clerk of Council