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HomeMy WebLinkAbout07/21/2003 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 July 21,2003 Held 20 Mayor McCash called the Dublin City Council meeting of Monday, July 21 to order at 7:00 p.m. in Council Chambers at the Dublin Municipal Building. Mr. Lecklider led the Pledge of Allegiance. Roll Call Council members present were: Mayor McCash, Vice Mayor Boring, Ms. Chinnici- Zuercher, and Mr. Lecklider. Mr. Reiner arrived at 7:05 p.m. and Mr. Kranstuber arrived at 7:15 p.m. Ms. Salay was absent (excused). Staff members present were: Ms. Brautigaum, Ms. Grigsby, Ms. Readier, Mr. Ciarochi, Mr. Harding, Mr. Hammersmith, Mr. Hahn, Mr. Gunderman, Ms. Crandall, Ms. Puskarcik, Ms. Ruwette, Ms. Hoyle and Ms. Heal. Approval of Minutes of July 7,2003 Regular Meeting Ms. Chinnici-Zuercher moved approval. Mr. Lecklider seconded the motion. Vote on the motion: Ms. Chinnici-Zuercher, yes; Mrs. Boring, yes; Mr. Lecklider, yes; Mayor McCash, yes. Correspondence The Clerk noted that a follow-up memo was included in the packet regarding the Notice to Legislative Authority from the Ohio Division of Liquor Control regarding new C1 and C2 permits for a Sunoco Station located at 201 W. Bridge Street. With Council's approval by motion, the City will request a hearing on the issuance of the permits for the reasons outlined in the memo. Mr. Lecklider moved to request a hearing on this matter. Ms. Chinnici-Zuercher seconded the motion. Vote on the motion: Mayor McCash, yes; Mr. Lecklider, yes; Mrs. Boring, yes; Ms. Chinnici-Zuercher, yes. CITIZEN COMMENTS Wallace Maurer, 7451 Dublin Road noted that he had indicated in a previous meeting that he would write a report on the Kindra firing, but that before making it public, he would read it to Council. He has four optional reports: 1) Whether deliberately or inadvertently, Balbir Kindra was unjustifiably and so far as he can see, unjustly fired. 2) On August 8, 2002, Balbir Kindra signed a duly witnessed settlement referred to as, II Severance and Release Agreement" with a limited designated representation of the City of Dublin. But this settlement is a non sequitur, a premature exercise, a legal fiction. No talk or action about a settlement can occur before his right to the due process guaranteed him in the Dublin Revised Charter relative to the pre-existent firing, specifically Section 5.04 (a)(g) and (h) has been fully extended him. 3) On June 3, 2002, Balbir Kindra was fired as Dublin City Engineer. To understand and evaluate that act, Mr. Maurer noted that he has weighed the public explanation given the newspapers at that time and has probed Council Members and management staff during 25 Council meetings. He has scrutinized the City files in the office of David Harding, Director of Human Resources containing the following: Mr. Kindra's personal folder; his letters of recommendation from previous City employers; his performance evaluation and history in Dublin; notes made at various internal meetings attended by the same or differing persons, in the effort to construct a rationale to fire him; and several drafts of a severance agreement. He has reviewed the minutes and some tapes of the exchanges between Council and himself in the 25 Council meetings. He has inferred the physical progress of the firing from sample scripts intended for use by staff members on the day of the firing. From the sample scripts he tried to extrapolate scraps of the explanation of the firing presumably given Kindra at that time. He has pored over the minutes of the Council meeting of May 20,2002 that, from all appearances, triggered the firing. On the basis of all of his findings relative to the applicable clauses of the Revised Charter of Dublin, he has concluded that the firing of Balbir Kindra as City Engineer is and remains glaringly improper. Whether deliberately or inadvertently, Mr. Kindra was unjustifiably and as far as he can see unjustly fired. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 July 21, 2003 Page 2 Held 20 4) [Mr. Maurer noted that the last report consists of four pages and he read only the first paragraph.] On June 3, 2002, everyone who knew him in and out of the City of Dublin was stunned and baffled to hear that the City Engineer Balbir Kindra had been fired. As a citizen who is part of this City and therefore complicit in the act if he remains silent, he has found it necessary to learn of the reasons for the firing to see if they were just. He noted that he has not selected anyone of these four reports and needs to continue at a future meeting with the presentation of the fourth report. LEGISLATION SECOND READING/PUBLIC HEARING - ORDINANCES BID Ordinance 77-03 Accepting the Lowest and Best Bid for Sign Shop Materials and Authorizing the City Manager to Enter into a Contract for Procurement of Said Materials. Ms. Brautigam stated that additional information was provided about the differences in the various bids. One bid was submitted by the manufacturer, not the dealer, which resulted in a substantially lower price. Mr. Lecklider moved for emergency passage. Ms. Chinnici-Zuercher seconded the motion. Vote on the motion: Mr. Reiner, yes; Mrs. Boring, yes; Ms. Chinnici-Zuercher, yes; Mayor McCash, yes; Mr. Lecklider, yes; Mr. Kranstuber, yes. Vote on the Ordinance: Mayor McCash, yes; Mr. Lecklider, yes; Mr. Reiner, yes; Mr. Kranstuber, yes; Mrs. Boring, yes; Ms. Chinnici-Zuercher, yes. EASEMENTS Ordinance 78-03 Authorizing the Purchase of a 0.080 Acres, More or Less, Fee Simple Interest, a 0.344 Acres, More or Less, Permanent Stormwater Utility Easement, and a 0.050 Acres, More or Less, Temporary Construction Easement, from Thomas A. McDowell and Thomas A. McDowell, Successor Trustee, for the Benefit of Diane A. McDowell, in Property Located on the North Side of Rings Road and the East Side of Frantz Road, Township of Washington, County of Franklin, State of Ohio, and Appropriating Funds Therefor. There were no additional questions. Vote on the Ordinance: Mr. Lecklider, yes; Mr. Reiner, yes; Mr. Kranstuber, yes; Mayor McCash, yes; Ms. Chinnici-Zuercher, yes; Mrs. Boring, yes. INTRODUCTION/FIRST READING - ORDINANCES ANNEXA TlON Ordinance 79-03 Accepting the Annexation of 2.42+/- Acres from Perry Township, Franklin County to the City of Dublin. Mr. Reiner introduced the ordinance. Ms. Readier stated that this relates to a small portion of roadway near the intersection of Tuller and Riverside Drive. It consists of City-owned land or roadway. It will be handled under the regular annexation method so that a township boundary adjustment can follow. There won't be any reparations issues as this is city-owned land or roadway that is tax exempt. There will be a second reading/public hearing at the August 18 Council meeting. CODE AMENDMENT Ordinance 80-03 Amending Section 31.08 (Campaign Finance Reporting) of the Dublin Codified Ordinances, and Declaring an Emergency. Mr. Lecklider introduced the ordinance. Ms. Brautigam stated that she recently became aware of some issues that occurred two years ago in relation to the timing of report filing deadlines. To avoid filing deadlines falling on a weekend, staff is proposing a change to the ordinance to require filing reports 11 days and 32 days prior to the election date on Friday at 4 p.m. Staff is requesting emergency adoption in order to have the legislation in place by the Board of Elections filing date of August 21. Following brief discussion, Mr. Reiner moved to dispense with the public hearing and treat this as emergency legislation. Mr. Lecklider seconded the motion. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC.. FORM NO. 10148 July 21, 2003 Page 3 Held 20 Vote on the motion: Ms. Chinnici-Zuercher, yes; Mr. Kranstuber, yes; Mr. Reiner, yes; Mayor McCash, yes; Mrs. Boring, yes; Mr. Lecklider, yes. Vote on the Ordinance: Mr. Kranstuber, yes; Mayor McCash, yes; Mrs. Boring, yes; Ms. Chinnici-Zuercher, yes; Mr. Reiner, yes; Mr. Lecklider, yes. APPROPRIA TIONS Ordinance 81-03 Amending the Annual Appropriations Ordinance for the Fiscal Year Ending December 31, 2003. Mayor McCash introduced the ordinance. Ms. Brautigam stated that this includes appropriations related to the requirements of the GASB 34 audit procedures. The second portion is a request to appropriate $21,000 for the City of Dublin's portion of the regional traffic study being conducted with the entities of the City of Columbus, the City of Hilliard, Franklin County Engineer and Washington Township. This represents a contribution of $12,000 plus a potential contribution of $9,000 should there be additional traffic plan iterations desired at the conclusion of the first study. It is not likely that the full $9,000 will be needed, as others will be contributing to this portion. Mayor McCash asked about the scope of services for the study in regard to Task 12. There are three areas where it specifically refers in parentheses to other tasks. He is not certain that incorporation of references of these tasks is beneficial - it may simply eliminate looking at other options. It is not the same understanding he had from the meeting. Ms. Brautigam responded that the original Task 12 did refer to other tasks. Her understanding is that at the end of the study, if there are different traffic alternatives that others want to review, they will be run through the traffic model. This is where the additional monies would be used. The suburban communities wanted to ensure that Task 12 was included in the scope of services. Mr. Lecklider moved to dispense with the public hearing. Mrs. Boring seconded the motion. Vote on the motion: Mr. Kranstuber, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr. Lecklider, yes; Mayor McCash, yes; Ms. Chinnici-Zuercher, yes. Vote on the Ordinance: Mr. Lecklider, yes; Mrs. Boring, yes; Ms. Chinnici-Zuercher, yes; Mr. Kranstuber, yes; Mr. Reiner, yes; Mayor McCash, 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. Ms. Chinnici-Zuercher introduced the ordinance. Ms. Brautigam stated that staff is recommending award to the low bidder - Griffin Pavement Striping. She added that the bidders bid as if they were striping the entire City, but at the time the contract is initiated, the City determines the actual needs for striping. It helps to determine the overall low bidder. Mr. Reiner asked for verification that this is computed on a linear foot basis. Ms. Grigsby responded affirmatively, noting that stop bars and crosswalks needs are also considered. There is an option to select Griffin Pavement for an additional year of work, if desired. This will be further evaluated. There will be a second reading/public hearing at the August 18 Council meeting. COMPENSA TlON PLAN Ordinance 83-03 Amending Section 10 ("Medical, Dental, Vision, and Life Insurance") of Ordinance 98-96 (Compensation Plan for Non-Union Personnel.) Mr. Kranstuber introduced the ordinance. Ms. Brautigam stated that the ordinance implements the recommendations of the Administrative Committee regarding changes to benefits. It also incorporates changes to the life insurance benefit that were included in the operating budget. There will be a second reading/public hearing at the August 18 Council meeting. ZONING MA TTERS Mayor McCash moved to waive the Rules of Council and read Ordinances 84-03, 85-03, 86- 03 and 87-03 together. Ms. Chinnici-Zuercher seconded the motion. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 July 21, 2003 Page 4 Held 20 Vote on the motion: Mr. Reiner, yes; Mrs. Boring, yes; Mr. Lecklider, yes; Mayor McCash, yes; Mr. Kranstuber, yes; Ms. Chinnici-Zuercher, yes. Ordinance 84-03 Establishing Dublin Zoning for 26 Parcels Comprising an Area of Approximately 112 Acres, as Annexed from Washington Township in 1966 and 1973, Generally on the South Side of Brand Road, East of Coffman Road, and West of Dublin Road, as R-1, Restricted Suburban Residential District and U, Limited Industrial District (Case No. 03-073Z - Post Road/Avery Road to 1-270 Rezoning). Ordinance 85-03 Establishing Dublin Zoning for 12 Parcels Comprising an Area of Approximately 83 Acres, as Annexed from Washington Township in 1965, 1973, 1980, and 1988, Generally on the South Side of Brand Road, East of Coffman Road, and West of Dublin Road, as R-1, Restricted Suburban Residential District and R, Rural District (Case No. 03-072Z - Coffman Road to Dublin Road, between Brand Road and 1-270). Ordinance 86-03 Establishing Dublin Zoning for 13 Parcels Comprising an Area of Approximately 24 Acres, as Annexed from Washington Township in 1973, Generally on the South Side of Brand Road, West of Coffman Road, as R-1, Restricted Suburban Residential District (Case No. 03-071Z - Coffman Road/Brand Road). Ordinance 87-03 Establishing Dublin Zoning for 18 Parcels Comprising an Area of Approximately 150 Acres, as Annexed from Washington and Jerome Townships in 1973 and 1999, Generally on the North Side of Post Road, between Hyland-Croy and Muirfield Drive, as R-1, Restricted Suburban Residential District and R, Rural District (Case No. 03- 070Z - Post Road to Brand Road, West of Muirfield Drive and East of Hyland-Croy Road) . Ms. Chinnici-Zuercher introduced Ordinances 84-03,85-03,86-03 and 87-03 and moved referral to the Planning & Zoning Commission. Mr. Lecklider seconded the motion. Vote on the motion: Mrs. Boring, yes; Ms. Chinnici-Zuercher, yes; Mr. Kranstuber, yes; Mayor McCash, yes; Mr. Reiner, yes; Mr. Lecklider, yes. OTHER Requests for waiver of requirement to connect to water svstem Ms. Grigsby stated that on April 7, Council reviewed a number of requests for waiver of connection requirements to water and sewer. Staff was directed to seek additional information and perform on-site review for three of the properties and reports the following: . Jack D. Walters, 4434 Bellaire Avenue Ms. Grigsby reported that Mr. Walters attended the April meeting and expressed concern about limestone conditions. Staff looked at the site and was not certain that the limestone would present any problems. Staff therefore requested that Mr. Walters obtain a quote. The actual cost to install the line and pay the connection fees was less than what staff had projected. Staff does not believe there is sufficient support to justify granting a waiver in this case. This has been communicated to Mr. Walters, and he does not have an issue with this recommendation. Mrs. Boring asked what happened with the issue of the landmark tree on this property. Ms. Grigsby stated that when staff reviewed the site, it was determined that the installation would not impact that tree. Mr. Kranstuber moved to deny the waiver request for 4434 Bellaire Avenue. Mr. Reiner seconded the motion. Vote on the motion: Mr. Lecklider, yes; Mr. Reiner, yes; Ms. Chinnici-Zuercher, yes; Mayor McCash, yes; Mrs. Boring, yes; Mr. Kranstuber, yes. . Jack Walters, 7652 Dublin Road Ms. Grigsby stated that the concern with this site is the location of the tap, crossing the neighbor's property to install the line, and the sinkhole issue. Staff had previously recommended a three-year waiver for this property, but based upon investigation is now recommending a five-year waiver for this site. Mrs. Boring stated that in five years, the cost of connection might be higher. Ms. Grigsby responded per Council's policy adopted April 7, the property owner is required to pay the Dublin tap fee by the end of 2003 in conjunction with the granting of RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK tNC FORM NO 10148 July 21 , 2003 Page 5 Held 20 the waiver. They do, however, run the risk of the Columbus portion of the tap fee increasing over five years. Mr. Kranstuber moved to adopt the staff recommendation and to approve a five-year waiver with the conditions established in the policy adopted by Council on April 7,2003. Mr. Reiner seconded the motion. Vote on the motion: Mayor McCash, yes; Mrs. Boring, yes; Ms. Chinnici-Zuercher, yes; Mr. Kranstuber, yes; Mr. Reiner, yes; Mr. Lecklider, yes. . Richard L. Taylor, 4500 Bellaire Avenue Ms. Grigsby stated that Mr. Taylor had disagreed with staff's previous recommendation regarding the layout of the site and the estimated cost to install. Staff performed a site visit, identified the concerns he had raised, and agreed to accept his informal quote of $8,000 for the cost of installation. With the addition of the costs of tap-in, the total exceeds $11,000. Based upon what was done for other requests, staff is now recommending a five-year waiver for this property. Mr. Lecklider moved to grant the five-year waiver, consistent with staff's recommendation, with the conditions established in the policy adopted by Council on April 7, 2003. Ms. Chinnici-Zuercher seconded the motion. Vote on the motion: Mrs. Boring, yes; Ms. Chinnici-Zuercher, yes; Mr. Reiner, yes; Mr. Lecklider, yes; Mr. Kranstuber, yes; Mayor McCash, yes. . Jubeen Vaghefi, 7500 Bellaire Avenue Ms. Grigsby stated that he has requested that Council authorize a fee of $176 to tap in to the water system. Staff's recommendation is not to authorize the reduced rate. Ms. Chinnici-Zuercher stated that the letter Mr. Vaghefi sent indicates that he was unable to find the original notification letter sent to him. Was the correspondence sent to the Miami Beach address? Ms. Grigsby stated that she is not certain if the information sent out in 2001 was sent to that address. The follow-up letters sent in 2002 were sent to both locations, Dublin and Miami Beach. There was no returned mail from the correspondence sent in 2002. Ms. Chinnici-Zuercher stated that in view of the significant time that had elapsed since the notification had taken place, she would not recommend approval of the request. Ms. Chinnici-Zuercher moved to deny the request for a reduction of the fee. Mrs. Boring 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. Communitv Services Advisorv Commission Recommendations to Council Reqardinq Proposed Well and Septic System Education and Inspection Proqram Ms. Crandall stated that the Commission has reviewed two items referred to them by Council. Those include the possibility of an education program and an inspection program for homeowners who have well and/or septic systems. The Commission's recommendation is to implement both programs. 1. The Commission recommends working with the Franklin County Board of Health to distribute information to homes with well and septic systems regarding maintenance and inspections. Workshops would also be scheduled for educational purposes. 2. The second part of the recommendation relates to establishing an inspection system. FCBH currently inspects aerator systems by regulation. The only other types of inspections they perform are at the time a permit is issued and at the time a home is sold. There are no ongoing, periodic inspections of these systems. If Council is interested in pursuing this, staff will need to look into this in detail and return with a proposal for program set-up, determine whether Franklin County could handle the extra volume, and devise a tracking system to be put in place. 3. The Commission is also recommending that the City pay the cost of the first inspection of each type of system. The costs are estimated between $30 to $50. Staff is estimating the cost to the City between $26,000 to $44,000 to implement, based upon the number of such systems in the City. If Council were interested in pursuing this, staff would need to investigate the City's obligation and liabilities if an inspection is done and paid for by the City and a problem is found. She summarized that staff is seeking feedback from Council at this time. If Council endorses either or both of the programs, staff will follow-up. If Council wishes to pursue an inspection program, a decision is needed on City funding of the first inspection. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 July 21, 2003 Page 6 Held 20 Mr. Reiner stated that he would endorse an educational program, but the City should not pay for inspections of the systems. It is the resident's choice to own such systems and is part of the regular maintenance costs. Ms. Crandall responded that the Commission felt that the initial inspection funded by the City would provide incentive to the homeowners to continue with inspection and maintenance. Many homeowners were not aware of the need for ongoing maintenance and inspection. Mayor McCash stated that if the educational program is undertaken, the residents should then have an interest in having regular inspections. He does not believe the City should pay for any inspections. He assumes that tracking could be done in the Building or Engineering divisions. Ms. Chinnici-Zuercher stated that the educational aspect is an excellent idea and she would recommend that the City implement this. Providing this education may impact the outcome of inspections. At this point, she would not support the inspection on private property being an obligation of the City. Those who have the systems should be aware of the need for inspection and maintenance. Mayor McCash stated that the City would then need to adopt an ordinance requiring inspection of wells and septic systems annually. The issue of who pays for the inspection is a separate issue. Mrs. Boring commented that the issue is not paying for an inspection, it is deciding whether to require inspections. If the City has a required inspection program, it could be documented that the groundwater quality is bad in a certain area where complaints are generated. Mr. Lecklider indicated that he would not support the City bearing he cost of the inspections at this point in time. However, it is worth giving some consideration to imposing such an obligation through legislation. Mr. Kranstuber moved to direct staff to prepare legislation to adopt the educational components and mandatory inspections, but not the municipal funding of the inspections. Mayor McCash seconded the motion. Vote on the motion: Mr. Lecklider, yes; Ms. Chinnici-Zuercher, yes; Mrs. Boring, yes; Mayor McCash, yes; Mr. Reiner, yes; Mr. Kranstuber, yes. Final Plat - Wyandotte Woods. Section 3 Ms. Brautigam stated that Planning & Zoning Commission approved this final plat on December 5, 2002 with 9 conditions, as outlined in the Record of Action. Mr. Kranstuber moved approval of the final plat. Ms. Chinnici-Zuercher seconded the motion. Vote on the motion: Mrs. Boring, yes; Mr. Kranstuber, yes; Mr. Reiner, yes; Ms. Chinnici- Zuercher, yes; Mayor McCash, yes; Mr. Lecklider, yes. Final Plat - Park Place. Section 4 Ms. Brautigam stated that Planning & Zoning Commission approved this final plat on March 20, 2003 with 13 conditions. Mr. Kranstuber moved approval of the final plat. Mr. Lecklider seconded the motion. Vote on the motion: Mrs. Boring, yes; Ms. Chinnici-Zuercher, yes; Mr. Kranstuber, yes; Mr. Reiner, yes; Mayor McCash, yes; Mr. Lecklider, yes. Recommendation from Planninq and Zoninq Commission to proceed with text amendment reqardinq conditional uses Ms. Brautigam stated that a motion from Council is needed to have the Law Director prepare legislation in accordance with the memo. Mrs. Boring stated that there is some confusion. In reading Mr. Banchefsky's memo, it states that the court ruled that the Commission must investigate ways to mitigate any negative impact of a conditional use. She was hopeful that Dublin could make the conditional use approval more difficult unless it is compatible with the surrounding area. It seems that there is not a lot of discretion for the City in regard to conditional uses. She RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 July 21, 2003 Page 7 Held 20 would like Legal staff to draft amendments that would allow the Planning Commission to deny a conditional use on the basis that it doesn't fit with the surrounding land uses. She wants the Code to reflect the way the City has dealt with conditional uses in the past, and not to require the City to modify how it handles them. Ms. Readier stated that the main issue with the conditional use section of the current code ,..." is that it fits squarely within the Gahanna case that requires that the City see if there are ways to mitigate the conditional use so that the impact on adjacent land is not as great. Legal staff's understanding of Planning Commission's desire is to make the ordinance more flexible - that the Commission can take into consideration all of the factors delineated in prior conditional use cases. Mrs. Boring stated that she does not like the term "flexible." The Commission would like the Code to fit with the practice and pattern that the City is accustomed to. Mr. Gunderman added that it was understood that it is not possible to achieve what everyone would like to achieve, but that conditions can be added that will at least open up the possibilities. Mr. Lecklider stated that essentially, the desire is to shift the burden to the extent possible so that the burden is borne more greatly by the applicant than the City. In PUD's, typically there are provisions for what constitutes a conditional use. Is the City obligated to approve a PUD with that type of language? Could the City restrict that to "no conditional uses"? Mr. Gunderman responded that the City is not obligated to include any conditional uses in a PUD. Mrs. Boring stated that the problem is that there are many existing planned districts with a large number of conditional uses. This could be a future consideration, however. Mrs. Boring moved to authorize the Law Director's office to proceed with drafting the ordinance regarding conditional uses. Mr. Lecklider seconded the motion. Vote on the motion: Ms. Chinnici-Zuercher, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mr. Lecklider, yes; Mayor McCash, yes; Mr. Kranstuber, yes. STAFF COMMENTS Traffic Pre-emption - Test System Installation Ms. Crandall stated that staff is proposing a pilot program for the Avery-Muirfield corridor between Shier-Rings and Post Road. There are six intersections involved. It was determined that one of the best systems which fits the City's software is the Opticon system from 3M. It is a vehicle-activated system that activates an emitter that hits a detector on the light, activating the light and changing it to green. The Avery-Muirfield corridor was selected for the pilot program, as it has been an area which emergency vehicles find difficult to negotiate. In terms of system costs, the Washington Township Trustees are willing to pay for the equipment at the intersections. They would install equipment on 6 test vehicles and the City would install it on 5 test vehicles. The actual costs to the City for the pilot program is $3,400. The City traffic signal crew will do the installation. Ideally, installation is desired in the fall with a 90-day test period and then a recommendation on the system will be brought back to Council. Staff would then request funding in the capital budget for 2004 for the initial five vehicles; for an additional $16,800, 15 more vehicles could be equipped. Ms. Chinnici-Zuercher asked about the purpose of the testing before implementation, and what type of public education will be included. Ms. Crandall responded that the purpose is to see if it helps emergency vehicles to respond more quickly. Staff would also include public education, as there would be a visual at each intersection when it is activated. One advantage of the system is that a vehicle can run without sirens or lights and still activate the system; for example, if there were a bank robbery incident where sirens weren't desired, the system could be activated. Mr. Reiner stated that he would want to ensure that the residents would be aware of the change in the timing of the light sequencing with the system. Gary Smith, Engineering stated that there are built in clearance levels/minimum legal levels that the system must go through. That routine can be set up in house and is very safe. Ms. Chinnici-Zuercher stated that the system would primarily serve the fire department. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 July 21,2003 Page 8 Held 20 Chief Woo responded that it serves all emergency vehicles. In fact, the Opticon system can even be installed on service vehicles, such as snowplows. Most of the time, emergency vehicles run with lights and sirens for safety reasons. Combining that with visual and audible, it is very safe. They have checked with other areas in northeast Ohio where systems have been tested, and they preferred the Opticon. Mrs. Boring asked if the units could be moved from car to car. Ms. Crandall noted that it would require installation. Mrs. Boring noted that it would be necessary to have a lot of emergency runs for the 90- day test - is this a sufficient time period? Ms. Crandall responded that the system could also be tested independent of actual emergency calls. Chief Woo stated that the Avery-Muirfield corridor between Shier Rings and Post Road is actually a very busy corridor for emergency vehicles. Mr. Lecklider noted that he has observed a similar system activated in downtown Westerville and it was quite impressive. Ms. Chinnici-Zuercher moved to proceed with the pilot program and to include the funds for the pilot program in the capital budget for 2004. Mr. Kranstuber seconded the motion. Vote on the motion: Mrs. Boring, yes; Mayor McCash, yes; Ms. Chinnici-Zuercher, yes; Mr. Reiner, yes; Mr. Kranstuber, yes; Mr. Lecklider, yes. Ms. Chinnici-Zuercher added that she would encourage using the existing public communication vehicles such as Dublin Life, the newspapers, brochures on doors, at the library and Rec Center because this is a major change which residents should be alerted to. Jenmar Court Update Ms. Crandall stated that Mr. Hammersmith, Mr. Hahn and she met with the residents of Jenmar Court and Grandee Cliffs. The proposal is to move forward with removal of the homes on Jenmar Court. The two on the ends are currently vacant, and the three middle houses are rented. What is being considered is taking down the two vacant houses this year, giving the three renters 10-12 months to move out and removing the three remaining houses next year. There were two concerns expressed by the neighborhood: (1) the sound impact of Emerald Parkway combined with 1-270 and removing the homes; (2) a desire for the renters to stay in the homes until such time as they would need to be moved because of the road construction. Staff agrees that more information is needed on the sound impacts and is proposing that a comparison sound assessment be undertaken. This would have been done in conjunction with Emerald Parkway construction to determine the appropriate landscaping and mounding. In addition, the McKitrick TIF allows funding for such a study. The cost is estimated at $10,000. Mayor McCash asked if the two properties currently vacant could be rented. Originally, when the homes were purchased by the City due to concerns about the impact of Emerald Parkway on the residents, it was anticipated they would be rented in order to minimize the investment and to recoup some of the costs. Ms. Crandall stated that she recently visited the home at the far eastern end of Jenmar due to some damage, and it will take considerable monies to bring it up to rental condition. The carpet needs to be replaced. In addition, one of the homes has a failing leach bed that may need replacement. Mrs. Boring stated that she had understood that the costs of bringing these homes to a condition where they could be rented were fairly high. Ms. Crandall responded that she would need to bring back information to Council on this. Mr. Kranstuber added that if it were necessary to spend $10-20,000 on repairs, it would be hard to recoup these costs from the rent. Ms. Crandall noted that the rentals range from $700 to $900 per month. Mr. Kranstuber stated that he questions the need for a sound study. Mayor McCash stated that the engineering is not done for the road at this point. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 July 21,2003 Page 9 Held 20 Ms. Crandall noted that the sound study could be completed now so that it is ready. Staff believes that a mound of pine trees will be a better sound barrier than the houses in place now. - Mr. Kranstuber asked about the purpose of the testing, as the road will be built in this location. Are different types of barriers being tested? Ms. Crandall responded that the sound impacts of Emerald Parkway combined with the 1- 270 existing noise is to be assessed. In addition, what would be the sound impacts with the houses in place versus the homes removed and landscaping added. Mr. Kranstuber noted that whatever the study shows, Emerald Parkway is going through in this location. Ms. Chinnici-Zuercher agreed. Mr. Hammersmith added that the existing tree row at the back of the properties would likely be eliminated. It serves as a barrier to the noise in addition to the houses. Ms. Chinnici-Zuercher stated that when the decision was made regarding the Emerald Parkway alignment, it was known that the houses and tree row would be removed because of their location. It was assumed that some alternative sound barrier enhancement would have to be developed. Ms. Crandall responded that the removal of the houses was news to the residents. Originally, it was believed it was possible to save a couple of the homes. The two on the far east will likely have to be removed, but it was thought that two on the western side could be saved. In now reviewing the road alignment, the bikeway and the mounding, staff believes it will not be possible to resell the homes at the western end. Mrs. Boring suggested that the first thing to be determined is whether Council agrees with removing all five homes. Secondly, a schedule of sequencing for removal of the homes needs to be established. Staff is suggesting that the two end homes be removed this summer. There is a concern about the buffering of noise from Emerald Parkway, but the noise assessment should be done under the parameters established by the City. She is not willing to proceed without establishing the criteria and the goal to be achieved. Perhaps this should be referred to a Council Committee or a committee of residents, Council and staff. Mr. Kranstuber agreed that he would want to reduce the number of variables, i.e. determine first if Council agrees that two homes are to be removed and three will remain for three years. Mr. Reiner commented that he would like to know the life of the houses and the costs of repairs to keep them functioning. In other words, the return on the investment made by the City. Mrs. Boring stated that the two vacant houses are eyesores. A comment was made that this situation wouldn't be found anywhere else in Dublin, that Code Enforcement would have addressed it. Mr. Kranstuber asked for clarification - is staff proposing that these two houses be razed by the end of the summer? Ms. Crandall stated that staff was looking at summer or fall for the razing. - Mayor McCash asked what would have to be done to bring these two properties into rental condition. ~," Mr. Reiner suggested that the Community Development Committee take a field trip to the area, view the area where the buffer would be installed and the status of the units and report back. Mayor McCash stated that if the Emerald Parkway extension is not funded for perhaps eight years, why tear the houses down now? Traffic generation on 1-270 will change. The traffic impacts of Emerald Parkway are unknown, which will impact the sound generation to be mitigated. The study is premature in view of the variables. Mrs. Boring gave credit to staff for being proactive. Her desire for more structure is not a criticism, but she would like more structure before moving forward. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 July 21, 2003 Page 10 Held 20 Mr. Kranstuber stated that it is somewhat premature to move forward at this point. There seems no need to have the tenants leave prematurely. He agrees with having the Committee review the properties and make a recommendation on them and the noise abatement. Why undertake a study without a specifiC purpose? Mr. Reiner stated that the best decibel abatement is an earthen berm with Norway spruces for short term. For long term, it would be blue spruces on the shoulders. Mr. Kranstuber asked how staff envisions this area in 10 years. Ms. Crandall responded that it would be Emerald Parkway, some type of mounding, and some green space. It will not be redeveloped. Mr. Lecklider stated that he agrees with Mr. Kranstuber, except to the extent that he does not want to make a significant investment in the remaining three homes. No one will want to live in these houses when Emerald Parkway is extended. Mr. Kranstuber stated that he would recommend reforesting the area with quality trees. Mrs. Boring moved to direct staff to plan for the razing of the two end homes, based upon their condition; that the Community Development Committee inspect the other three properties to establish a timeline and sequencing for razing and bring a recommendation to Council; and not to proceed with a noise study at this time. Mr. Kranstuber seconded the motion. Mr. Reiner asked Ms. Crandall to verify that the two end homes are in such shape that they should be razed. Ms. Crandall verified this. She added that the three rental properties in the middle are in fairly good condition. Vote on the motion: Mr. Lecklider, yes; Mr. Reiner, yes; Mr. Kranstuber, yes; Ms. Chinnici-Zuercher, yes; Mayor McCash, yes; Mrs. Boring, yes. Dublin Road/Brand Road Intersection Improvements - OPWC Grant Application Mr. Hammersmith stated that staff is proposing submission of this intersection improvement project for application to the Ohio Public Works Commission for grant funding in Round 18. Applications are due on September 8. If Council concurs, a resolution will be brought to Council at the August 18 Council meeting. At this point, staff has not made a determination of the design for the improvements at the intersection. It will be either a signalization with turn lanes or a modern roundabout as discussed at the study session in April. Further evaluation is underway to determine the necessary right of way for the roundabout design. Mr. Reiner noted that the traffic is becoming more congested at Brand and Avery-Muirfield with stacking occurring at many times during the day. It may be an appropriate location for a traffic roundabout. Would this be eligible for federal funding? Mr. Hammersmith stated that this intersection improvement proposal would be included in the upcoming CIP. The Dublin/Brand intersection was considered for the Local Public Assistance program, but there is a three-year timeline and the improvement is needed before that time. Muirfield/Brand would not be a good candidate, as it does not involve a state route. It would, however, be a good candidate for an OPWC grant application in the future. This intersection is tied for number one in terms of priority. Mayor McCash stated that the Muirfield/Brand intersection was listed in the traffic signalization priority study and it was indicated that there would be no need for additional right-of-way acquisition to accommodate a signal with left hand turn lanes. Mrs. Boring suggested that further discussion about this intersection could be held during the upcoming CIP study sessions. It was the consensus of Council that Mr. Hammersmith proceeds with the grant application for the Dublin Road/Brand Road intersection improvements. COUNCIL COMMITTEE REPORTS/COUNCIL ROUNDTABLE Mr. Lecklider: 1. Recognized the many City divisions and Washington Township Fire Department for their efforts related to the storm damage. Thanks also to City staff for the extensive information provided related to the water/sewer waiver requests. RECORD OF PROCEEDINGS Minutes of Dublin Citv Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 July 21, 2003 Page 11 Held 20 2. Reported that he attended a performance sponsored by the Dublin Arts Council in Coffman Park on Saturday evening. It was briefly, but outrageously interrupted by a young adult and two teenagers leaving the skate park. The Police were contacted, but the incident was very embarrassing to the performers and to the audience. 3. Noted that behind the Rec Center, there is a mound of dirt northwest of the new parking lot. This mound is covered with weeds. He asked for more information. Mr. Hahn responded that the City is in the process of accepting a donation of land at Post Road close to 1-270 where the house will be removed and the basement filled in. The dirt at the DCRC will be used for this purpose. The pile will be removed within two months. Mr. Lecklider stated that behind the existing parking lot of the DCRC, there were complaints regarding the tree and landscape buffering. Has staff assessed its condition? Mr. Hahn responded that the screening has grown well and in view of the number of trees planted, there has been a good survival rate. Staff is pleased with the amount of screening now in place and believes that the residents are satisfied. Staff will continue to replace plants as necessary. The intended visual barrier has been realized. 4. Asked about the status of the Kinman property on Post Road. It is in very poor condition, and has been boarded up. What type of activity is taking place on the property? Some could believe it is a dumping ground in view of its condition. Ms. Brautigam stated that it is a huge problem. Code enforcement was visiting the property on a regular basis two-three months ago and the property was to be condemned. The property was then boarded up and at the same time, a building on the property was burned because it was in such poor condition. Staff's hope was that with the boarding up, the property would be secure and not a danger to the neighborhood. There has been no progress in negotiations with the property owner on acquisition. Staff will continue to monitor the property for Code Enforcement purposes. Mrs. Borinq: 1. Noted that staff did recommend a policy for Recreation Center fee waivers. Does Council want to proceed with adopting this policy? Another option would be to refer it to Committee for review and recommendation. She would like to see a policy in place about such waivers. Ms. Chinnici-Zuercher stated that the second paragraph of the recommendations clearly indicates that requests for fee waivers from individual schools and school related groups/clubs should be denied, as there are school facilities available for such programs. However, the third paragraph of the recommendation seems to discriminate that if the Administration of the school district is requesting the waiver, Council should then made a decision based upon the merits of the request. This would require a determination by Council, for example, that a curriculum program has more merit than a personnel program. Mr. Kranstuber stated that because this issue involves setting policy, he would support referral to the Finance Committee of Council. Mrs. Boring moved referral of a policy for fee waiver request for the DCRC to the Finance Committee. Ms. Chinnici-Zuercher seconded the motion. Vote on the motion: Mayor McCash, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr. Lecklider, yes; Mr. Kranstuber, yes; Ms. Chinnici-Zuercher, yes. 2. Asked for an update on the status of the SR 161 landscaping between Sawmill Road and Riverside Drive. Mr. Hammersmith responded that he met on Friday with ODOT District 6 regarding the issues, and a field meeting was held today with staff and their Director of Construction Services. The sod is the City's to maintain, as the contractor has met the contractual obligations under the ODOT specifications. The plant material appears to be the contractor's responsibility, and they will pursue its replacement. The City's next step is to plan for the sod replacement - by stripping it, adding topsoil, fertilizer, seeding and mulching. Most likely, this will be bid and the planting will be done in September. 3. Reported that she received a call from a resident of the MacBeth area about a deer problem and forwarded this call to the City Manager. Ms. Brautigam stated that she did receive this call and has contacted the Ohio Wildlife Center about the issues. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 July 21,2003 Page 12 Held 20 Mrs. Boring added that as new development occurs and deer are forced from their habitat, older neighborhoods are being inundated with deer. She suggested that staff continue to monitor the situation, noting that it was suggested that the City consider relocating deer as a solution. She will rely upon staff to make a recommendation about addressing this problem. Mr. Reiner: 1. Suggested in the interests of moving meetings along that Council Members adhere to the five-minute limitation on speaking agreed upon in the Council Rules of Order adopted several years ago. Perhaps this should be further limited to three to five minutes per person. 2. Asked staff to check the warranty on the Glick Road landscaping, as there are many dead perennials at this location. 3. Received a phone call regarding taxing 401 K retirement funds. The resident believes that Dublin is the only municipality that taxes these funds. Ms. Grigsby responded that the majority of municipalities do so. It is taxed in the year that it is earned. One of the goals of the Committee working on state tax reform issues is to bring more uniformity among municipalities, and deferred compensation is an area of focus. Mr. Kranstuber: 1. Noted that in a recent Columbus Monthly, Dublin's Recreation Center was voted as best recreation center. 2. Commented that the park adjacent to Karrer Middle School is a great park, but the field needs to be reseeded. It is not in good condition. Mr. Hahn stated that staff would address this problem. 3. Noted that he was interviewed by The Columbus Dispatch regarding the recent power outages during the area-wide storms. In response to this article, he received calls from Upper Arlington and Worthington residents. He acknowledged to them that AEP has been very cooperative in the past in regard to issues. Perhaps the Consumers' Counsel needs to review whether AEP has too large of an area to handle with their maintenance capabilities. If this kind of situation occurred in February, with power outages for five days or more, it would have been even more problematic. It was an unacceptable situation for this degree of a storm event. The biggest issue was the lack of communication from AEP. People were not told what the problems were in the area, why it was taking so long to repair, and when they could expect service to be restored. From an emergency management standpoint, if government officials cannot obtain this information from a utility, it is a serious problem. He hopes that something will be done, if necessary through the Consumers' Counsel, to ensure an acceptable level of service, maintenance and better communication from this corporation. Ms. Brautigam stated that staff shares these concerns. As conveyed in the memo, Mr. McDaniel is convening a meeting of Service Directors from other communities to discuss the issues. Staff is hopeful of identifying ways to ensure this situation does not occur in the future. Mr. Reiner pointed out that much of the preventive maintenance such as tree trimming has been reduced for cost reasons. AEP needs to invest more money in maintenance to avoid these problems in the future. Mayor McCash asked if there is a way to obtain from AEP the specific areas of concern and what needed to be repaired in Dublin. Was the damage to underground lines, to overhead lines, or what specifically? Ms. Brautigam responded that staff attempted to secure that information for the report but was unsuccessful. AEP's outages, however, are not determined based upon City boundaries but rather on their service grids. Staff will continue to seek more information from AEP. Discussion continued about the extent and duration of the power outages. Mayor McCash suggested that in the planning process, the City should consider changing out street trees in areas of overhead power lines. AEP will top the trees when it is necessary, so it would be preferable to address this at the outset. Mavor McCash: 1. Reported that the curb ramps at Avery/Muirfield and Valleystream Drive and Tara Hill and Valleystream Drive need some repair. He has observed a resident in a motorized chair on weekends who was stuck in the street because of a dip or gap in the pavement. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK. INC, FORM NO. 10148 July 21,2003 Page 13 Held 20 Mr. Hammersmith stated that staff would investigate, although the City's annual street maintenance program is nearly completed. Mr. Hahn added that if necessary, staff would address this problem through a separate contract. 2. Asked about the status of the paving of the parking lot at the Fifth Third Bank at Perimeter/Avery. Mr. Hammersmith confirmed that the paving is now completed. Mrs. Boring moved to adjourn the meeting. Mr. Reiner seconded the motion. Vote on the motion: Mr. Kranstuber, yes; Ms. Chinnici-Zuercher, yes; Mr. Lecklider, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mayor McCash, yes. urned at 9:00 p.m. Mayor - Presiding Officer ~<2-~ Clerk of Council