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HomeMy WebLinkAbout10/02/2006 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 I! October 2, 2006 I Held 20 Mayor Chinnici-Zuercher called the Monday, October 2, 2006 Regular Meeting of Dublin City Council to order at 7:00 p.m. at the Dublin Municipal Building. PLEDGE OF ALLEGIANCE Scottish Corners Pack 210, Den 2 led the Pledge of Allegiance. ROLL CALL Present were: Mayor Chinnici-Zuercher, Vice Mayor Lecklider, Mrs. Boring, Mr. Keenan. Mr. McCash, Ms. Salay and Mr. Reiner. Staff members present were: Ms. Brautigam, Ms. Grigsby, Mr. Smith, Mr. Ciarochi, Chief Epperson, Ms. Gilger, Mr. Hammersmith, Ms. Puskarcik, Ms. Ott, Ms. Hoyle, Mr. Hahn, Mr. Burns and Mr. Cullimore. APPROVAL OF MINUTES . Regular Meeting of September 18, 2006 Mr. Keenan moved approval of the minutes of the September 18, 2006 Council meeting. Vice Mayor Lecklider seconded the motion. Vote on the motion: Mr. McCash, yes; Vice Mayor Lecklider, yes; Ms. Salay, yes; Mayor Chinnici-Zuercher, yes; Mrs. Boring, yes; Mr. Keenan, yes; Mr. Reiner, yes. CORRESPONDENCE . New D5 Liquor Permit - SH & MS LLC, dba Sushi Bistro Masa, 6395 Perimeter Drive There was no objection to the issuance of this permit. ,..,. .. SPECIAL PRESENTATIONS/PROCLAMATIONS . Presentation of Flag to Hometown Hero Alex Rozanski Douqlas Lay. Franklin County Veterans Service Commission and Mark Bell of -.. ~... Conqressman Patrick Tiberi's office presented City employee Alex Rozanski with a flag which had been flown over the U.S. Capitol Building in recognition of his being named as a "Hometown Hero" by B107.9 radio. Mayor Chinnici-Zuercher noted that Alex is the son of former Mayor Jan Rozanski, and Alex works for the Parks & Open Space Division of the City. He served with Lima Company in Iraq and returned to the City in March of 2006. Alex Rozanski thanked Mr. Lay and Mr. Bell for this honor, and acknowledged the City of Dublin's support during his military service. . National Arts & Humanities Month - presented to Dublin Arts Council Mayor Chinnici-Zuercher presented a proclamation to David Guion, Executive Director, Dublin Arts Council in recognition of October as National Arts & Humanities Month. Mr. Guion made brief comments about the upcoming activities of the DAC, encouraging Council to join them for two outstanding exhibitions at the Center. . Breast Cancer Awareness Month - October 2006 Mayor Chinnici-Zuercher noted that at 6 p.m. tonight, a brief ceremony was held at the Coffman Park Drive entrance where a pink ribbon of mums was unveiled. Speakers at the event included Cheryl Herbert of Dublin Methodist Hospital; Dr. William Farrar, Director of Surgical Oncology at JamesCare and co-director of Comprehensive Breast Health Services in Dublin; and Bobbi Sestina, Dublin resident and breast cancer !ll'V' ,'" survivor. Proclamations were presented to each of the health care providers, and the Mayor encouraged all women to schedule regular mammograms to allow for early Iltl;_.,.",,,", detection of breast cancer. CITIZEN COMMENTS Wallace Maurer, 7451 Dublin Road stated he reads closely the two local newspapers. In recent letters to the editor, Council will note he has focused on another issue. However, he has developed a "laundry list" of items related to the Kindra firing that he will likely bring to Council. In the interest of transparency, he does not want that to suggest he has dropped the Kindra firing, but he has resolved to have it "finished" within two weeks. To his knowledge, there are four lawyers in Dublin City governance. He has talked with three for an hour each, met with two and met with the Mayor for an hour each -- all RECORD OF PROCEEDINGS Minutes of nllhlin City Cnlmcil Meeting DAYTON LEGAL BLANK 'NC FORM NO 10148 October 2, 2006 Page 2 Held 20 regarding one issue. Fifteen months after Mr. Kindra's firing, he produced a seven-page report with his (Mr. Maurer's) personal interpretation of the firing. He sought in his discussions with the Mayor, City Attorney and City Manager to bring front and center that interpretation. If Council saw that it was wrong or flawed, they would say so - citing the ,....... grounds - and that would end it. If Council tonight sees that his interpretation of the ....... firing was wrong or flawed, Council should say so -- with grounds. If Council does not, and if people ask the Mayor to stop him from commenting further, these people should be sent to him and he will handle it. (Brief silence.) He is not sure whether to interpret Council's silence tonight as assent to what he discovered, but if Council wants to respond, he asked that they do so before he departs the meeting tonight for another appointment at 8:30 p.m. Mayor Chinnici-Zuercher responded that silence does not indicate agreement with Mr. Maurer. Council is simply not interested in continuing the dialogue. Mr. Maurer understands that, but it does not end the issue. He has already explained why he could not drop the issue. Mr. McCash noted the Kindra firing was a personnel matter, and in accordance with the Charter, Council was given all information necessary in an executive session prior to any action that was taken. He wants no further comment made on this matter. Mr. McCash noted he has calculated that over the years, Council has listened to a total of six hours of comments from Mr. Maurer about this topic. The personnel matter has been concluded, everyone has moved on, and he would like Council to have no further discussion or comment on this. Mayor Chinnici-Zuercher agreed that Council has never engaged in a dialogue with Mr. Maurer. She agrees with Council Member McCash that Council and staff both played ,...... the appropriate role in this matter, as defined in the Charter. She asked Mr. Smith to make a statement regarding continuous comments on a topic from a speaker, and the ....... fact that Council desires no further dialogue on this topic. Vice Mayor Lecklider clarified that he will never reconsider this personnel action, and with all due respect, he has moved on and so should Mr. Maurer. Mr. Smith stated that Council, under its Rules of Order and under Roberts Rules of Order has the absolute right to determine their agenda. If Council determines that such comments are out of order, they have the right to do so. Mr. Maurer can be instructed in the future that he can speak for five minutes at a Council meeting about any matter other than the Kindra firing, as Council has approved a motion barring him from making comments on the Kindra firing. Mr. McCash so moved. Ms. Salay seconded the motion. Mrs. Boring asked for some clarification about the motion. Mr. McCash clarified that his motion would indicate the Kindra firing matter is concluded and any further comments on this matter would be considered out of order by Council. Mr. Maurer asked if this would apply to comments at the Council meeting or in Dublin. Mayor Chinnici-Zuercher responded this would apply to comments about the Kindra firing made at a Council meeting. Mr. McCash added that Mr. Maurer can take this matter to any other venue desired, but ,..... not to the Council meeting. ...... Vote on the motion: Ms. Salay, yes; Vice Mayor Lecklider, yes; Mr. Reiner, yes; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes; Mr. McCash, yes; Mrs. Boring, yes. Mr. Maurer commented that he would adhere to that motion. But the issue is not over. LEGISLATION POSTPONED ITEMS Resolution 70-06 Intent to Appropriate a 3.449 Acre, More or Less (Present Road Occupied), Fee Simple Interest, From Lawrence Hall and His Unknown Heirs, Legatees and RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK 'NC FORM NO 10148 October 2, 2006 Page 3 Held 20 Devisees, Located West of U.S. Highway 33 and North of State Route 161 (Post Road), Township of Jerome, County of Union, State of Ohio. Resolution 71-06 .. Intent to Appropriate a 0.893 Acre, More or Less (Present Road Occupied), Fee Simple Interest, From Adria Laboratories, Inc., and Its Unknown Successors, .......,.".'"...... Transferees and Assigns, Located East of Industrial Parkway and North of State Route 161, Township of Jerome, County of Union, State of Ohio. Mr. Smith noted he was not present at the last hearing of the resolutions and requests that both resolutions be postponed until October 16. The memo provided to Council was not adequately detailed, and in addition, Legal staff has subsequently discovered an error in the title search done by an outside title firm. Council will be given a new packet on these resolutions for the meeting of October 16. He apologized for the delay and lack of detailed information. Mr. McCash moved to postpone Resolutions 70-06 and 71-06 until the October 16 Council meeting. Ms. Salay seconded the motion. Vote on the motion: Mr. Keenan, yes; Ms. Salay, yes; Mr. McCash, yes; Vice Mayor Lecklider, yes; Mayor Chinnici-Zuercher, yes; Mrs. Boring, yes; Mr. Reiner, yes. PUBLIC HEARING/SECOND READING - ORDINANCES Ordinance 57-06 Renaming Tamworth Place to Brandbury Place in the City of Dublin. Ms. Brautigam reported this action relates to errors in previously recorded plats, and no homes or properties are negatively impacted by this change. Vote on the Ordinance: Mrs. Boring, yes; Mr. Keenan, yes; Mr. Reiner, yes; Ms. Salay, yes; Mayor Chinnici-Zuercher, yes; Vice Mayor Lecklider, yes; Mr. McCash, yes. """.,1 Ordinance 58-06 Authorizing the Provision of Certain Incentives for Purposes of Encouraging the \;0;."."" Establishment by Halcyon Solutions, Inc. of its Operations and Workforce within the City and Authorizing the Execution of an Economic Development Agreement. Ms. Gilger reiterated that Halcyon Solutions is in the process of relocating to Dublin this week. They are purchasing 5880 Innovation Drive and the agreement includes a $90,000 technology and property grant for facility acquisition and technology upgrades. They plan to move in 90 employees and hire 85 additional employees over the next two years. Mohan Viddam with Halcyon is present tonight. Mohan Viddam, Halycon Solutions noted that they are very excited to be in Dublin. His family moved to Dublin from Gahanna, and he wanted to relocate his office to be closer to his home. Halcyon Solutions is a software company, which provides consulting services. He has been in business for 15 years. He has three goals for the coming year: to spend more time with his family; to take care of the company; and to give back to the community. He will continue discussions with Ms. Gilger and Mr. McDaniel about ways his company can participate in the community. Mayor Chinnici-Zuercher welcomed him to Dublin. Wallace Maurer. 7451 Dublin Road noted there are three staggered stages of withholding for the grant. If the company should not meet the first withholding level, but is capable of achieving the withholding at the second stage, does the grant continue? Ms. Gilger responded affirmatively, adding that it is an annual target. Annually, if Halcyon reaches the target, they receive payment for that year. For each year they lQ..- ,'" reach their target, they will receive the grant. Mayor Chinnici-Zuercher asked what occurs if they don't achieve the targets. Ms. Gilger responded they will receive no grant monies. Mr. Maurer asked how the owner selected the name for his company. Mayor Chinnici-Zuercher responded that Mr. Maurer can ask Mr. Viddam after the meeting. Vote on the Ordinance: Mayor Chinnici-Zuercher, yes; Mr. Keenan, yes; Mr. Reiner, yes; Ms. Salay, yes; Mr. McCash, yes; Vice Mayor Lecklider, yes; Mrs. Boring, yes. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 October 2, 2006 Page 4 Held 20 Ordinance 59-06 Authorizing the Provision of Certain Incentives for Purposes of Encouraging the Establishment by MoQvo LLC of its Operations and Workforce within the City and ~,:;t Authorizing the Execution of an Economic Development Agreement. Ms. Gilger stated the agreement calls for a $15,000 technology grant that is payable Vo;"...~ over four installments. It is tied to the State of Ohio's Job Creation Tax Credit program and meets the required 25 percent local match component. The company is committed to hiring 17 employees and will have an annual payroll of $1.26 million by 2010. Also, two affiliate companies are looking to collocate with MoQvo in office space in Dublin. Dan Easley is present, representing the three companies. Dan Easley. MoQvo noted that theirs is a new company - a technology social media center. They aggregate over 40 million unique pieces of content into one TiVo-like interface on the web. It is an advertising based revenue model and they currently have 12 employees who are interested in moving to the City of Dublin. He thanked the City for their efforts on behalf of MoQvo. Wallace Maurer. 7451 Dublin Road asked if there is a remote possibility for liability for the City with this. Suppose the company is consulted, provides an answer, and the company in question feels a misrepresentation of the company was made by that analysis. Is there a possibility for liability for the City? Mr. Smith responded that the City would have immunity from such liability. Vote on the Ordinance: Mr. Keenan, yes; Mr. Reiner, yes; Vice Mayor Lecklider, yes; Ms. Salay, yes; Mrs. Boring, yes; Mr. McCash, yes; Mayor Chinnici-Zuercher, yes. Ordinance 60-06 "", .. Authorizing the Provision of Certain Incentives for Purposes of Encouraging the Establishment by Crawford Hoying Ltd. of its Operations and Workforce within the w;... ,.;; City, and Authorizing the Execution of an Economic Development Agreement. Ms. Gilger stated this agreement calls for a $15,000 technology grant for upgrades to the Metro II facility, in addition to a two-year $12,500 performance incentive, payable in two installments, tied to the company meeting predetermined payroll withholding targets. Crawford Hoying is committed to moving 35 employees into Dublin in November and hiring 10 additional employees over the next two years. John Gleason and Bob Hoying are present tonight to respond to questions. Bob Hoyino, Crawford Hoyino thanked Council for this opportunity. Brent Crawford and he founded the company, which is a full service real estate company. They are a brokerage development company and are now one of the largest multi-family apartment managers in the state of Ohio. They are very excited about their growth and about moving to Dublin. He has lived in Dublin since graduation from The Ohio State University. The Metro II location serves all of their needs and is close to many of their properties. They are now developing a condo project at Tartan West of single-family patio homes. Mayor Chinnici-Zuercher welcomed the company to Dublin. Wallace Maurer, 7451 Dublin Road noted that he assumes both the City and Crawford Hoying can weather the downturn in housing. p.. .,~ Vote on the Ordinance: Mr. Keenan, yes; Mr. Reiner, yes; Mayor Chinnici-Zuercher, yes; Mr. McCash, yes; Mrs. Boring, yes; Ms. Salay, yes; Vice Mayor Lecklider, yes. Ordinance 61-06 Authorizing the Provision of Certain Incentives for Purposes of Encouraging the Retention and Expansion by Foresight Corporation of its Operations and Workforce within the City and Authorizing the Execution of an Economic Development Agreement. Ms. Gilger stated this agreement calls for a retention incentive with Foresight, a company already located in Dublin. They are moving to expanded office space at Metro Center. This is a $35,000 technology grant for upgrades to its facilities, and a four-year, 20 percent performance incentive on any new jobs that they add to Dublin beyond what RECORD OF PROCEEDINGS Minutes of nllblin City COI mcil Meeting DAYTON LEGAL BLANK 'NC FORM NO 10148 October 2, 2006 Page 5 Held 20 exists today. They are committing to grow the company from 42 to 72 employees by 2010. Kristin Maxwell of Foresight is present tonight to respond to questions. 'fff""'" Kristin Maxwell, Corporate Controller. Foresiqht stated Foresight is a software development company and has been in business since 1990. They pioneered EDI - 'liiI;;,,,,.,...,I electronic data interchange for Fortune 500 companies such as BMW, Wachovia Bank, Honeywell, Coca-Cola and the U.S. Department of Defense. In the early 2000's, they were poised to take advantage of the looming deadline for HIPAA, the federal mandate. Since that time, they were able to bring on as customers many health care companies. As they expand into an international business presence in 2007, they look forward to adding a local focus as well, connecting to the technology corridor and Central Ohio communities like Dublin. They look forward to occupying the entire 9th floor of Metro V and continuing their growth, hopefully leasing additional space in the next 18 to 24 months. Mr. Keenan asked if the fiber optics are included in the technology grants offered. Ms. Gilger responded that access to the City's fiber optics is a separate IRU agreement offered to certain companies. Vote on the Ordinance: Mr. Keenan, yes; Vice Mayor Lecklider, yes; Mr. McCash, yes; Ms. Salay, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mayor Chinnici-Zuercher, yes. Mayor Chinnici-Zuercher again welcomed all of the new companies to Dublin and thanked Foresight for choosing Dublin for their expansion. INTRODUCTION/FIRST READING - ORDINANCES Ordinance 62-06 '!#"''!l Authorizing the Purchase of a 1.033 Acre, More or Less, Tract of Land, from the Stonehenge Company, Located at 6035 Avery Road (Parcel No. 274-000083) from the .....,"'" Stonehenge Company, City of Dublin, County of Franklin, State of Ohio, and Declaring an Emergency. (Request to dispense with public hearing) Ms. Salay introduced the ordinance. Ms. Brautigam stated the Avery Road widening project requires some property acquisitions. This property is needed for the intersection improvement at Tuswell and Avery, especially with the construction of the Villas at Glenealy. For specific project questions, Mr. Hammersmith can respond; Mr. Smith can respond regarding the acquisition. Mr. Keenan asked if the Epcon project is participating in the intersection improvement, as he understood that was part of the agreement. Mr. Hammersmith responded they are not participating. During the development review process, Epcon was able to demonstrate for their project that they could make a necessary left turn lane improvement via striping without any construction on Avery Road. Ms. Salay moved to dispense with the public hearing and treat this as emergency legislation. Vice Mayor Lecklider seconded the motion. Vote on the motion: Mrs. Boring, yes; Mr. Keenan, yes; Mr. Reiner, yes; Mayor Chinnici- Zuercher, yes; Vice Mayor Lecklider, yes; Ms. Salay, yes; Mr. McCash, yes. ","', " Vote on the Ordinance: Mayor Chinnici-Zuercher, yes; Ms. Salay, yes; Mr. McCash, yes; Mrs. Boring, yes; Mr. Keenan, yes; Mr. Reiner, yes; Vice Mayor Lecklider, yes. Ordinance 63-06 Authorizing the City Manager to Enter into a Contract for Health Services with the Franklin County Board of Health for 2007. (Second reading/public hearing October 16 Council meeting) Vice Mayor Lecklider introduced the ordinance. Ms. Brautigam stated that Dublin is fortunate to have a health department in Franklin County which provides services. This is the proposed contract for 2007, and staff is recommending holding this over for second reading/public hearing on October 16, 2006. RECORD OF PROCEEDINGS Minutes of Dllblin City COI rnr.il Meeting - DAYTON LEGAL BLANK INC FORM NO 10148 October 2, 2006 Page 6 Held 20 Mrs. Boring asked if Franklin County Board of Health is responsible for inspections of septic systems, and does the City receive regular reports. For example, she recently learned that in the City of Columbus, a backflow valve inspection is required each year. The person doing the inspection then sends a report to the Columbus Division of Water. Is a report sent to the City of Dublin regarding every household who has a septic ............. system? Ms. Brautigam responded that staff can provide information about this at the next meeting. There will be a second reading/public hearing at the October 16 Council meeting. INTRODUCTION/PUBLIC HEARING - RESOLUTIONS Resolution 73-06 Authorizing the City Manager to Enter into Agreement with the Ohio Department of Transportation for the Purposes of Milling and Placing Asphalt, Performing Partial Depth Pavement Repairs; and Installation of Pavement Markings, Raised Pavement Markers, and Loop Detectors on Portions of State Route 745 within the Corporation Limits of the City of Dublin, Ohio. Vice Mayor Lecklider introduced the resolution. Mr. Hammersmith stated this is consent legislation to allow the City of Dublin to work cooperatively with ODOT District 6 on the resurfacing of S.R. 745, Dublin Road in 2007 as part of ODOT District 6 Urban Pavement Program. This will involve resurfacing of Dublin Road from north of the Historic District to Chaddington, then from Limerick Lane to River Forest Road, and then north of the tunnel to Glick Road. The project extends all the way to US 42 outside of Dublin corporate limits. Dublin has a 20 percent share for Dublin's portion of this project, and any additional items requested by Dublin are 100 JIll" "i percent the City's responsibility. Further, in order to participate in this program, all of the intersections must be brought into compliance with ADA standards. That has been done as part of this year's street maintenance program. Staff recommends approval of the .c..;~ resolution. Mayor Chinnici-Zuercher asked about the timeframe for the project. Mr. Hammersmith responded it will be done in 2007, after the Memorial Tournament. ODOT will maintain traffic throughout the project. Mr. Keenan noted there is a 10 percent contingency included for construction inspection costs. Will the City do the inspections? Mr. Hammersmith responded that is actually project management, although ODOT refers to it as construction inspection. ODOT will be doing this task, not the Dublin inspectors. I Vice Mayor Lecklider asked for an estimation of the 20 percent, which is Dublin's share of the project. Mr. Hammersmith responded that the estimate is $100,000 or a 20 percent share of $500,000. Staff has budgeted $150,000, as the expectation is the cost of the project may be higher. Vice Mayor Lecklider stated he is pleasantly surprised with the numbers, as the resurfacing projects are sometimes much higher in cost. Mr. Hammersmith stated that the project involves a Y:z inch mill and Y:z inch overlay. Mrs. Boring asked for the rationale of removing the rumble strips close to Historic Dublin. Mr. Hammersmith stated there was discussion at the staff level, and the belief is they are ~ not entirely effective. Speed enforcement and signage have been more effective means of slowing traffic. The rumble strips are also considered to be an annoyance by some of the businesses. Mrs. Boring commented that the rumble strips were very successful in reducing speeds at the time they were installed. Mr. Hammersmith responded they can easily be reinstalled, but staff wanted an opportunity to monitor the situation without the rumble strips. Ms. Salay encouraged staff to monitor the situation, as the rumble strips were a good reminder to motorists to slow down. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 October 2, 2006 Page 7 Held 20 Vote on the Resolution: Mr. McCash, yes; Mr. Reiner, yes; Ms. Salay, yes; Mrs. Boring, yes; Vice Mayor Lecklider, yes; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes. "", '" OTHER . Follow-up Report re Water and Sewer Survey "',>'9M Ms. Hoyle commented that the packet contained a series of responses to the issues raised at the last Council meeting. If there are any questions regarding the materials provided, she can respond. Mr. McCash noted he drove by the Summitview/Sawmill area today and observed that at least one or two houses just north of the intersection with Summitview Road appear to be abandoned or close to being demolished, and are not occupied. The survey was based upon addressed properties, but were these accounted for? Ms. Hoyle responded those are addressed properties, so the surveys were mailed to the owner's address and they did respond. They are included in the blue area on the map. Mr. McCash asked if mail was forwarded from this house to another address. There is obviously no one living at that address. Ms. Hoyle responded that she will have to check on this. Mr. McCash stated that there is another property at 8485 Sawmill which appears abandoned, as it has broken windows. Ms. Hoyle responded that address is occupied, as the resident called her. Mayor Chinnici-Zuercher noted there are a number of speakers who signed in to testify on this issue. Michael Shade. Attornev. Delaware. Ohio noted: fI\Il'" ',," 1. He is a former Mayor of the City of Delaware. He now practices law and represents developers and property owners. 2. He has prepared a notebook which he distributed to Council. Sections 9 ilIh".,""" through 12 are supporting documentation, based on the survey analysis that was provided by Ms. Hoyle's office, from his clients' earlier studies and from the owners' study that his clients worked on and prepared. In addition to that, they spent time reviewing the property values. They took at face the study and the study areas as set forth. 3. Initially, in reviewing the maps, their concern was why 3950 was in Area 1 and not Area 2. According to Dublin's long-term plan, 3950 is part of an area that would be developed as Area 2. Also, there were a number of properties not clearly spelled out by addresses - some include multiple owners, multiple parcels, and there was one lot listed as unassigned, which is owned by Susan McCabe. The property immediately to the south of that at 8170 is owned by Mr. McCabe. 4. In reviewing the documentation the City has prepared and reviewing the survey of this area, it seemed almost indisputable that planning and the need for sewer cannot be separated. Under tab 2, properties in areas 1 and 2 were annexed to the City in 1973. On page 2 of that is a document sent to the Franklin County Commissioners on October 1, 1973 which spoke of water and sewer service, what they were going to be doing in making various applications, and when they talked about getting this underway. The last sentence of the letter states, "It is the feeling of the Village of Dublin officials that we can and will provide good services to the proposed area for ,. , annexation, and therefore we pray the approval of the proposed annexation to the Village of Dublin." 5. He believes that 33 years is a long time to wait for these services. While "",. ... most communities look to developers to provide these services, there are certain times that government has to provide these services. Nothing in this document or in the comprehensive plan talked about it being a condition that the developers had to do this. 6. The areas identified as Sawmill/Summitview were listed as a major health risk because the septic systems are inadequate. Septic systems will fail at some point in time. In Delaware County, drip systems and mound systems are the norm and they range in price from $18-24,000 per house and have limited function for commercial or retail use. RECORD OF PROCEEDINGS Minutes of nllhlin r.ity r.nl mdl Meeting DAYTON LEGAL BLANK 'NC FORM NO 10148 October 2, 2006 Page 8 Held 20 7. In the 1999 study, the City talked of building a major interceptor to service that entire corridor. In reviewing what is available, he does not know where that was "lost in the translation." !P'--'" 8. He spent a lot of time reviewing the survey and did an analysis of what the surveys mean. In the owners' survey, they physically made contact with 1IiII;;o;;.,... everyone and their numbers are high. In regard to the number of 91.3 percent, there were 18 qualifying factors of various types, i.e., found no address, house vacant, unsure/undecided, want more information, unable to make contact, already had sewer. 9. In the 2004 survey, there was an address of 4821 and there is no 4821 Glencree. In the 2006 survey, it lists 3995 Summitview and that is the City of Columbus water tower. Mayor Chinnici-Zuercher noted that his five minutes of time has expired. She asked Council to determine whether Mr. Shade should be allowed to speak for an additional five minutes. It was the consensus of Council to allow him to speak for an additional five minutes. Mr. Shade continued. 10. There were differences in where they found numbers. Taking into account the people who voted "yes" in the 2004 survey who were listed as non- respondents in the 2006 survey, and likewise those that voted "no" and were non-respondents in the 2006 survey, the number went to 64.3 percent - substantially more people that voted "yes" did not respond. He submitted a letter from Jim Simpson who indicates he never received the survey, and there are two more such letters coming. 11. He reviewed how this impacts Dublin. In Area 1, the total property values on 1'*--""'\ the tax duplicate are $12,085,700. In Area 2, which includes the church south of Summitview and the AEP properties and 8485 Sawmill, the total *--._,o6 values are $18,977,000. On page 2, tab 4, it becomes startling to look at the raw numbers provided by the Franklin County Auditor. Mr. Shade estimates there are approximately 77.53 acres from address 3950 over to the intersection of Sawmill and Summitview and north to the county line. Taking out the AEP properties and 8485 due to its position so far north, the valuations in Area 2 alone is $5,078,700 which works out to $65,542 per acre. That is the county's estimate of fair market value, not what the market will bear. 12. He also provided within the materials an analysis of what might happen per residential lot and costs, using cost numbers from Dublin, and developer's cost per lot for basic infrastructure, and its cost per acre. 13. This is the last frontier of this area of town --- Dublin can't grow to the north where it abuts Powell, and to the east is Columbus. He was equally amazed that in this total area, when Dublin planned the interceptor in 1999, there are three outlets to serve the property to the north - two 8-inch lines and a 10- inch line further down Summitview near the water tower. Based on their analysis from EMH& T, and in looking at what Dublin has planned in their comprehensive plan update now under review, they are not sure that Dublin could possibly service that area with the existing sewer capacity. 14. In looking at the Thoroughfare Plan, he pointed out MORPC has updated their 2025 plan, dropping a proposed road to the north going from Memorial Drive across the county line, but they have also planned in the 2030 proposal to widen Sawmill Parkway to six lanes. He drove this area today and found _.- ,." that if widened, the property takes will have to come from the opposite side of the road, due to existing houses and setbacks. Mr. Shade noted that as Council begins this process, he encourages them to talk with developers, including them as an integral part. No matter what is planned for this area, these are houses that will be located on a six-lane major highway and he believes the property owners are entitled to have sewer to the area. They stand ready to meet with the City officials outside of the Council meeting room and work with them as they start to chart and develop plans for these properties. One of the key components of this entire issue is having a willing buyer and a willing seller in order for this to happen. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 October 2, 2006 Page 9 Held 20 Vice Mayor Lecklider asked Mr. Shade if he can cite any Ohio case which has found that a municipality must provide water and/or sewer services, based upon the statement referenced in the 1973 letter to the county commissioners? ""-'-~ Mr. Shade responded he has not researched this. However, as a community, when annexing land, going back to 1973, there was a requirement that there be action taken .....,,,"'"" by the City or Village at the time of annexation that they can provide the services. Vice Mayor Lecklider indicated the action he speaks of is a general statement that the Village or City can provide services. He asked him to cite the case law. Mr. Shade stated that now, under state law, while he can't quote the exact ORC section, the City must pass a resolution of services. Vice Mayor Lecklider responded he is very familiar with that statute, as the City regularly approves statements of services for annexations proposed to the City. He asked Mr. Shade to provide the case law information to him at his earliest convenience. Mr. Shade stated that if Dublin cannot provide those services, people can look to other forms of government to provide those levels of service. Citizens have the right to detach from a community, if the community cannot provide the level of service needed. Vice Mayor Lecklider reiterated his request for case law from Ohio which supports the argument Mr. Shade is making on behalf of his clients. This is not the first time Council has heard the argument that the City is bound to provide the services based upon such a statement.. He will look forward to receiving this information from Mr. Shade. Mr. McCash stated that the sewer and water service provision states that the City has the ability through this trunk to provide sufficient capacity. That is the only commitment. The last paragraph of a resolution regarding a statement of services is a summary of all of the services provided, i.e., snow removal, police, garbage collection, fire, road maintenance. ~, '\!. Ms. Salay added that the statement indicates the City has the capacity to provide the services; it does not indicate the City will provide these services at the City's expense. ....k._..;" Mayor Chinnici-Zuercher summarized that Mr. Shade should provide specific case law that supports the City's financial obligation to provide those services. Mr. Shade responded that if there were not an obligation, the people petitioning for annexation may have not brought the annexation forward. Mr. McCash commented that Mr. Shade represents developers who petition to annex property into many cities. Is it fair to say that at the time they petition for annexation that sewer service is already available to that property? Mr. Shade responded in some cases it is available and some cases it is not. Mr. McCash asked who extends the utility lines when the services are not available. Mr. Shade responded it depends upon the proximity of the properties to the lines and whether it is a condition of the pre-annexation agreement. Mr. McCash stated that there is no requirement that the City enters into a pre-annexation agreement. Mr. Shade agreed. Mr. McCash stated that if someone annexes property to the City, and there is no existing sewer or water service, the developer would extend the services to their property - correct? Mr. Shade responded that the developer can extend the lines under a cooperation agreement with the City or Village. JIl"-~ Mr. McCash stated that because a property owner annexes property to the City, the City is not required to extend water and sewer services to that property. Assuming the ~----~'" capacity exists, the developer can extend those lines to that property. Mr. Shade stated they can do so or the City can provide it. Mr. McCash summarized they can request that the City provide it, but the City has no obligation to do so. Mr. Shade stated that in this situation, he believes there is an obligation for the City to do so after 33 years. Diane Banks. 8295 Sawmill Road addressed Council. Mayor Chinnici-Zuercher asked if this is her residential address. Ms. Banks stated it is. Mrs. Boring asked for clarification - does Ms. Banks reside at 8295 Sawmill Road? RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK 'NC FORM NO 10148 October 2, 2006 Page 1 0 Held 20 Ms. Banks responded she does not live at this address. She owns the property and is commenting regarding this property. Ms. Banks stated that the issue of vacancies of the homes had been previously f'f""'"" addressed to Mrs. Boring. There are senior citizens living in these homes along Sawmill and they have lived there for a number of years. Several have now moved to retirement ......",... homes and their properties are left sitting idle, as they cannot sell them without sewer. They are "stuck." What will continue to occur are boarded up, vacant houses where no one lives. This is the most important reason these people need to have sewer. The City of Dublin needs to take care of their senior citizens. Muriel Liddell. 3838 Summitview Road stated that the last speaker told of senior citizens that have to sell their homes. She and her husband are part of this group. Her husband is disabled and they cannot keep up the property. They put a "For Sale by Owner" sign and a young couple toured the home more than once and seemed very interested. Upon hearing sewers were not available, they left. They were willing to give them a $10,000 deposit on a purchase until they learned there were no sewers. How can they sell their properties without taking 10 cents on the dollar from what they have invested in the properties? They have tried to keep their property looking nice, although it may not be up to some of Council's standards. They cannot continue to do so and cannot sell without losing most of their equity in their home. Dublin has done enough to them with the road widening that took all of their expensive landscaping. She can't get into the driveway after the project, with has changed the drainage. They have ruined a motor home and car, and their new car has more damage from the situation. They have had to endure this for the health and safety of the Dublin community. They endured a water tower installation for health and safety. Sewer and water are a part of health and safety of the community. Once before she quoted some statistics from knowledgeable ,., university people about sewer systems and the fact that they are not adequate in Franklin County. The lack of sewers and lack of safe drinking water is a major problem. The City installed a waterline for a City-owned building where employees work. That ~,.. was the right thing to do for the safety of the employees. What about the safety of the citizens who do not have the opportunity to hook up to a water system? The City has told them to drill a new well, but it will not help because they will have another bad well. The City tells the residents to repair septic systems, yet experts tell them they won't last any length of time. In contacting the Board of Health, they found that the newest aeration and septic systems are cone shaped. Many do not want those in their yards, and they may last a year or 15 years. The cost is between $25-35,000, which is a substantial amount to invest only to have to replace it in two or three years. In the City's survey, it was not pointed out what a replacement system would cost the property owners. In addition, a permit is needed, and it must be inspected regularly. The replacement system cannot be installed where the present system is located, as they I must be moved around. Eventually, there will be no more yard space for the system. Perhaps the cones could be made to look like a field of corn and called artwork. At the May 12, 2004 meeting following completion of the survey, staff recommended that the Sawmill/Summitview/Trails End area be the first priority. At the May 12 meeting, that was turned around, because it was reported that Indian Run needed both water and sewer. Indian Run was annexed just 3-4 years prior to that time, although the Sawmill/Summitview/Trails End area has been annexed for 30 plus years. Indian Run residents had water and sewer lines installed with no expense to the residents, other than the connection and tap fee. The tap fees have increased since that time. When she did the survey, they told people there was a connection fee and a tap fee, and that .. nothing would be grandfathered as far as they knew. In checking the Council meeting minutes, some Council Members even suggested the tap fees should be grandfathered "",...,4 in these other areas. Therefore, Council has set a precedent in installing water and sewer lines where there were health issues. The survey done by the City in 2004 was fairly accurate, even though they counted some who did not respond and some vacant properties as "no" responses. Health was a major consideration listed at that time, yet it was not included in the most recent survey. Why wasn't health made a consideration in determining where the next sewer and water lines are installed? Sewage that could spill into neighboring yards could cause a major health problem. Her husband nearly died of Hepatitis A. If he had not been aware of his illness, nearby areas could have been contaminated with sewage spills. The incubation period for Hepatitis A is quite long. A child playing nearby could be easily contaminated in such a situation, and it could lead to a fatal epidemic in the community. It is the duty of any community to protect health and RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 October 2, 2006 Page 11 Held 20 safety first. They were told they had to endure the water tower and their driveway being ruined for reasons of health and safety. Perhaps Council should pay attention to health and safety before more golf courses, roundabouts, skate parks and swimming pools are built. Sherman Liddell. 3838 Summitview Road. Dublin stated that he contracted Hepatitis at their church, where there was an outbreak involving 20 people. Fortunately, it was Hepatitis A, which is generally not as serious as other strains. He survived the episode, although others much younger have died from the illness. Sanitation, in particularly as it relates to the micro organisms that have become resistant to antibiotics, is a very serious consideration. He noted that they bought their property after moving from Worthington Hills. At that time, the Summitview property had farms on four sides of the property and it had an existing septic system which worked well due to the large amount of land around it. Summitview was not of uniform width at the time, and rarely had traffic. Sawmill Road had slightly more traffic at that time. He spoke to Bill Chambers at the time the Summitview area was located in Perry Township, and Mr. Chambers noted that in a short time, sewers would be brought up to that area. That does not bind upon Council in any way, shape or form. However, when the notice was sent out in 1973 with a promise to provide services and the properties were then annexed, he thought this was wonderful. They had the Summitview property rented at that time, sold it temporarily to someone, and then bought it back and moved from Worthington Hills to this property. He made a substantial investment in this home, built of very high quality materials. Before doing so, he went to the Village of Dublin in1984 and met with Mr. Sheldon, the Village Manager. Mr. Sheldon consulted with the Mayor and told Mr. Liddell that they would be getting sewer and water within the next three to four years. He said there was no uncertainty about that. They did get water service, but not sewers. They also endured the water tower installation and the road widening for Summitview and for Sawmill. The whole complexion of the neighborhood has changed from a rural neighborhood to a drag-race environment. The early stages of planning indicated Dublin wanted this area to be a rural, suburban area. Rural, suburban areas are generally estate lots, and he was told in the early 1980's that estate lots would be retained - not high density lots. As long as that continued, sewers were not really necessary, but sewers were promised. He asked that Council now do the right thing. He believes it is for the best. Diane Banks. owner of 8295 Sawmill stated if this area is a number one priority on the list to obtain sewer service and is a number one health risk, why is this discussion taking place? Mayor Chinnici-Zuercher stated that Council does not yet have all of the information it needs to make a decision. Tonight's agenda included a follow-up report from staff in I response to questions raised at the last hearing on this topic. In the materials, it indicated that staff will finalize all of the information for Council in preparation for a I November meeting. At that time, staff expects that Council will make a decision about the priorities and whether the City will fund the projects and at what percentage, etc. Ms. Banks stated that Council has already completed the survey, they are already a first priority on the list for sewer service, and there is already a recognized health hazard. This discussion has been ongoing for three years. She is trying to understand why the discussions are continuing, as Council has the information in hand that puts them at the top of the priority list. Mayor Chinnici-Zuercher recalled the history of the survey process. One of the primary reasons, other than the health reason, that the Indian Run area extensions were done at that time was because the residents had all indicated they would tap into the lines when available. In the Summitview area under discussion, that was not the case, and that is true today as well. There are a number of property owners who indicate they do not wish to have either water or sewer or both services. Lines were extended to the Indian Run area because of the property owners' support for tapping in to them. At this time, Council felt a new survey was needed, as some property ownership has changed and the desires for service may have changed. If, for example, Council would make a decision to go forward and pay for the extension of the lines, there remains a cost for the owners for tap-in and connection. Therefore, this is a consideration for those being surveyed about their desire for the services. For this reason, Council felt an updated survey was warranted. The City staff can now provide the most up-to-date financial RECORD OF PROCEEDINGS Minutes of Dublin City COI mcil Meeting DAYTON LEGAL BLANK INC FORM NO 10148 October 2, 2006 Page 12 Held 20 costs for these extensions and how the projects would be funded, if Council would choose to extend the lines. She added that in most cities, utility lines are not extended without cost to the property owners - residents are given other ways to finance these jIW"'-~ services. Council wanted to consider the City's financial capacity at this time to do these projects. With all of the information in hand, Council can make an informed decision. -"c_..... Ms. Banks stated she had contacted several people on the survey where it listed "no response" and was told they did not get a survey. Mr. Simpson had faxed over a form to her, and she is aware of three more parcels where the owners will be faxing letters that indicate they did not receive surveys. She feels that when Mrs. Liddell went on her own door to door and spoke with these people, taking extensive notes about their responses, it was a more accurate survey. Mr. Keenan commented that Council had an additional survey done in 2006 to make sure that accurate information and responses were provided from all of the affected property owners. In reviewing the numbers, 42.5 and 50 percent, it seems that the discussion at present relates to the results of the survey. The results are not much different than those in 2004. He believes that a neighbor asking a neighbor about preferences is an entirely different process from an independent consultant's survey. For that reason, Council engaged an independent consultant to do this task. The consultant contacted hundreds of people in many areas, and it is important to note that in most areas, people did not want water and sewer services. They are satisfied with their well and septic systems, perhaps especially in view of the recent information about the rising sewer and water rates from the City of Columbus. He noted he has a question for Mr. Shade about his comments regarding detachment. If the area were to detach from Dublin and annex to Columbus, will Columbus install water and sewer lines for the p~--_0 area, and will Columbus pay for it? Mr. Shade responded he has no idea, as they have not pursued this option. There are several ways to do this. The most common way is to detach, and the county Illi;;;.....-.-.,. commissioners have the ability to tie the area into another township or create a new township. Mr. Keenan noted that county commissioners have no ability to make such a determination regarding provision of water and sewer services. However, this is not the appropriate time for a debate regarding these matters. Mr. Shade commented that 600 S. High Street was not even listed as an address that a survey was mailed to. Ms. Hoyle stated that a survey was mailed to that address. Ms. Banks stated that she understands mailing out the survey, but a personal visit is a more effective way to obtain a response. She is more apt to make a donation with a personal solicitation by an organization versus a letter. Going door to door with the surveys produced more honest answers from the property owners. Mr. McCash stated that she is equating someone sending a survey related to such a health and safety issue as described tonight by the residents to a personal solicitation for donations by a band booster organization. If it is such a health and safety issue, why would a resident who receives a survey wait until a personal visit was made to them to respond, versus filling in the survey and returning it as requested? ""---,~ Ms. Banks indicated she does not believe the survey addressed it that way, and she does not believe the survey included information about options available to the residents .....AI if their septic systems fail and sewer service is not available. It will cost the property owner $25-35,000 for a new septic system. Given these facts, and in looking at the cost of sewer connection and tap-in versus what a new septic system would cost, she would choose the sewer. Not only will the sewer increase the value of the property, but there is the option of being assessed for the sewer service with payments over a long period of time. Mr. Reiner stated that in all fairness, Council has had this discussion in the past with a verbally aggressive group of citizens who indicated they wanted the services. The next thing that has occurred is another group of citizens indicates they do not want the services and questions why the Council would have even considered it, noting they don't RECORD OF PROCEEDINGS Minutes of Dublin City COllncil Meeting DAYTON LEGAL BLANK INC FORM NO 10148 October 2, 2006 Page 13 Held 20 want to pay the tap and connection fees. Council has to defend the common good and the taxpayers' monies until all of the information is available. "'" .~ Ms. Salay stated that she appreciates the time taken by the residents to go door to door. However, a conversation that takes place between neighbors versus the phone calls the ..... .,,111 staff received from residents who don't want the services and who are being harassed by their neighbors indicates that the City's undertaking of the survey by employing an independent, outside consultant was the best way possible and the most impartial way to do this. She agrees with Mr. McCash that if someone sends a survey, and if the issue is important to the property owner, they will respond. It worked in 2004 and has worked again. She is confident in the response rate received and the percentages that the survey was valid. It indicates that 61.5 percent of the people in this area responded positively. Ms. Hoyle clarified this is the percentage for the smaller area, as discussed tonight. Ms. Salay stated that the area is not even close to the threshold needed for the City to provide services. She would look for a 90 to 95 percent interest in the services, because in addition to the lines, there is a substantial amount of money to be paid by the property owner to bring the line to the house and to tap in. It can be thousands of dollars, depending upon the configuration of the property. There is then a water and sewer bill each quarter. People are cognizant of all of these things, and she cannot imagine a homeowner with a septic system and well not being cognizant of what it takes to maintain these systems. In looking at the work staff has done, the numbers from the survey, and the response rate, she cannot find fault with the process. Ms. Banks reiterated that there are three property owners who did not receive a survey. Mayor Chinnici-Zuercher thanked everyone for their comments tonight and indicated they will all be taken into consideration. Mr. Reiner added that if safety and health are really compromised, he would see no ........,J reason why the sewer lines should not be extended and the property owners assessed for the improvements. Mayor Chinnici-Zuercher asked staff if there is anything more to add. Ms. Hoyle responded there was not. Mayor Chinnici-Zuercher summarized that the next step will be to have formal recommendations from staff in November for Council's final decision-making. Mrs. Boring asked for clarification -- the City staff will come back to Council with cost estimates in November? Ms. Hoyle responded that staff will return with cost estimates, assessments, various I configurations for this, etc. I COMMENTS FROM STAFF I Ms. Brautigam reported that Council Members received a letter from COTA regarding support for Issue 7. Staff will provide information in the next two weeks so that Council can make an informed decision on this matter. Mayor Chinnici-Zuercher noted that there was informal discussion among Council about the letter, and she is a member of the Steering Committee promoting the levy and listed on the letterhead. While Dublin has a low rider ship at this point, the hope is that bus service will improve, particularly as the hospital opens. The hospital is in need of bus service from """- '.. Cleveland Avenue directly to the hospital area. She encouraged Council to review some of the information in the local newspapers in order to make a decision on the resolution at the iIi,. '.~ next meeting of Council. COUNCIL ROUND TABLE/COMMITTEE REPORTS Mrs. Borinq commented that she was pleased to have the bike tunnel area reopened along Dublin Road. However, she has ongoing concerns, as she is still hearing from the residents about this project. Her first concern is with restoration of the area. She recalls that the road was lowered for sight distance reasons, but in doing so, the scenic character of the road has been changed. The road is now flat and open, with the trees removed, and has new pavement - all of which encourages speeding. She would like Council to endorse a policy that prior to a project approval, a tree survey is done so that Council is fully aware of the impact on trees. Secondly, in regard to the landscaping plans for the area, she RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 October 2, 2006 Page 14 Held 20 asked Mr. Hammersmith for an update. Mr. Hammersmith responded staff met with the Amberleigh North residents regarding mitigating their concerns and screening. He has not had additional calls from residents on ~.' "'f this. Mrs. Boring noted the call she received was not from an Amberleigh resident, but from ~""'''' someone who drove through the area. How should Council respond to residents about these issues? Mr. Hammersmith stated there is a balancing act in terms of changes in the profile of the road. Staff tries to bring areas into conformance with sight distance requirements during such projects, when there is the opportunity to do so. There are no other changes planned along Dublin Road. These were the two significant areas where there were severe concerns with limited sight distances. There was another small area north of the tunnel where a sight distance problem was identified, based on two resident contacts. They asked that the problem be corrected during the course of the project and staff lowered the road by 12-18 inches. In strict conformance, the road would have been shaved 2-2-1/2 feet, so there was a balance needed to accommodate existing utilities. At the same time, a shoulder improvement was made where there was a significant drop-off on the east side of the roadway. The desire was to bring the sight distance requirements into conformance with a 40-45 speed limit road. In regard to the tree preservation, staff does undertake a tree survey with every project, and estimates the caliper of inches to be removed at the time of the design. In the course of construction, however, some additional trees are sometimes removed if deemed necessary. Mrs. Boring asked how she missed reviewing this item in the tunnel design phase. Mr. Hammersmith responded that the project plans were placed in the Council conference room, but Council would likely not have known to look for this. Staff will do a better job in the future of letting Council know how many caliper inches of trees will be removed with a '" project and what will be done to mitigate that. In some projects, it is difficult to replace all that is removed, and this is a prime example. Given the tunnel location, there are restrictions on where trees can be replaced in that area. However, as this was a City - project, it is staff's intent to replace the trees. As far as continuing communication regarding the scope of a project, staff will do so, particularly in areas where the issues are sensitive for the neighborhood. Mr. Keenan stated that the neighbors are to be included in the process, and Council has made commitments to the neighbors about keeping them involved in the process. He has not heard anything from the residents recently, but assumes he will hear from them if things are not going well. Mr. Hammersmith reiterated that staff met with the Amberleigh neighbors on site, as promised, after the rough grading was done to discuss their concerns. Staff returned to the site today, and Ms. Karagory is working on a plan to be shared with the residents. He will bring that back to Council, as he assumes there will be additional costs associated with the plan. Mrs. Boring asked if the intention is to have plantings done yet this season. Mr. Hammersmith responded affirmatively. Mrs. Boring commented that the River Forest residents were very concerned about the sight triangle and the speeds of cars, so she understands the necessity of the road lowering. Mrs. Boring asked staff to e-mail Council regarding any future meetings to be held with the residents on this matter. ,..,. Mr. Keenan: i!.v:. ... 1. Reported that a US 33 Corridor meeting took place last week. He was not able to attend, but understands that things have been placed on hold until January. 2. Reported that he attended the Dublin Baptist Church ground breaking for their new children's wing. He made brief comments on behalf of City Council. He did hear some comments of concern about the City's planning and permitting process, but he is confident things can be worked out. 3. Noted that a Dublin Arts Council Board meeting will take place tomorrow evening, and he will attend as Council's representative to the Board. If there is any message that Council, as a group, would want him to relay, he would like to know that tonight. Mayor Chinnici-Zuercher commented that she does not want to engage in another long RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 October 2, 2006 Page 15 Held 20 discussion tonight about this, but personally, she was disappointed with the limited amount of funds set aside for public art. Her expectation had been that the DAC would set aside more than that amount towards the public art program, as that was a primary goal for them III1!l1F"~ in the original agreement. Mr. Keenan asked if polling Council about an appropriate range would be advisable. There .."....... have been issues with identifying the expected amount. Ms. Salay stated she is not prepared to have this type of discussion until Council has the full picture about the DAC plans and more information. It is premature to do so at this time. Mrs. Boring commented that one report had indicated that the expectations and figures were very clear until the time when there were many changes in personnel. Ms. Brautigam responded that the figures were contained in the follow-ups two weeks ago. She believes Council should postpone this in order to allow Mr. Guion to work on his budget for 2007. She does not believe the initial indications of amounts available will stand and that they may change. She believes the Dublin Arts Council listened carefully to Council's discussion at the last meeting, and it is likely that more funding will be recommended by them for public art. Mr. Reiner agreed with Mayor Chinnici-Zuercher. He assumed all along that the DAC would have set aside money, and that they would have been working toward funding the next piece of art on a two-year cycle. Ms. Salay: 1. Reported she attended the Monterey Drive residents meeting. Over 100 residents attended and it was a lively discussion. Based on the discussion she heard, the .,.", Waterford Village residents are adamant about wanting the City to consider expanding the cemetery or purchasing the land in the area for parkland. Secondly, .,.,". the staff present, including Claudia Husak, Judd Rex, Jeannie Willis, Aaron Underhill, Tina Wawszkiewicz and Sara Ott did a great job of handling the group and some rather heated discussion. She was very proud of the Dublin staff, and she has indicated this to Ms. Brautigam in an e-mail. 2. In regard to trees, she was contacted by a resident about sidewalk installation and a way to construct sidewalks without impacting tree roots. They spoke of a rubberized surface, which would blend in with the concrete. She asked staff to look into this for the future, as there have been many impacts on trees with recent projects. She would like to be able to respond to residents that the City has done everything possible to save trees, and be able to explain why some trees could not be saved in the process. Mr. Hammersmith acknowledged that the Engineering and Forestry staff have recognized the need for follow-up with Council about the impact on trees as a result of the sidewalk program. The difficulty is that roots grow and expand, causing heaving of the sidewalk. Trying to build a sidewalk over those roots is difficult. In order to elevate the sidewalk and to meet ADA requirements, the result is replacing a lot of sidewalk. There are some products to help alleviate or curtail root growth, and staff will look into this. Vice Mayor Lecklider reported that last Friday, as an honorary board member to the Kids Voting Central Ohio group, he attended a youth summit at the State House. The theme was "Strengthening Democracy through Civic Engagement." He was pleased to have had ",,",' ..". the opportunity to participate in the event. There are several people associated with this organization from Dublin. One of their initiatives, partnering with the legislature, was _,,'.T" achieving legislation that would allow for high school seniors, aged 17 and up to serve as poll workers. They estimated that 1,300 young citizens will serve as poll workers this fall. He supports this great organization and their objectives. The Kids Voting group also appreciates the support from the Dublin community and from City Council. Mayor Chinnici-Zuercher: 1. Reminded everyone of the Hilliard elementary school ground breaking on Thursday, October 12 at 5:30 p.m. on Rings Road. 2. Noted that Chief Woo has sent a letter to Council regarding an October 21st educational session regarding disaster preparedness and the availability of a Ready Kit. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 October 2, 2006 Page 16 Held 20 3. Reported she attended a Mid Ohio Municipal League meeting last Thursday and a representative of a northeast Ohio sourcing office was present. Central Ohio municipalities can participate in this program as well, which allows better pricing fIt'" 'J; for purchasing goods and services. She will provide the information to Ms. Grigsby. ....."...."'"' 4. Reported she received a letter from Bruce and Charmaine Johnson of 5648 Tara Hill Drive regarding their concerns about the traffic calming project. She has received six calls or e-mails from residents of Tara Hill who have expressed outrage over what is occurring. It is yet another example that when people see something on a small map, they don't visually understand the impact on the properties and their appearance. She was astounded to hear that some people are intentionally not following the traffic pattern established for the area. Mr. McCash noted that the buses cannot traverse the devices, and he has a scratch on his car from maneuvering around the orange barrels in the construction area. Ms. Salay noted the area is still under construction at this time. Personally, she is excited to see the traffic calming features that the group worked very hard on - in partnership with the community -- over an 18-month process. She encouraged everyone to be patient, wait until the barrels are removed and the work is completed, and until the features are landscaped and have time to grow. The community needs to adjust to the new traffic patterns and the 25 mph speed limit in the residential neighborhood which provide enhanced safety for the pedestrians. She acknowledged it is a construction site and it is inconvenient to travel through at this time. Mayor Chinnici-Zuercher stated she has pointed out to those who contacted her that the project was done in response to the neighborhood's concerns and that there was active participation from the neighborhood in the design of the project. She still believes it demonstrates the inability of people to comprehend visually the major impact """",""'" the project will have. While it is costly to do modeling, it is something that should be considered when a decision is close to being finalized. Perhaps delineating the boundaries of the project, similar to what was done at the Avery and Post intersection ...,,,...~ with roping, allows people more of a direct visual of the project impact. What concerns her now is that the residents are the ones indicating they will not follow the traffic patterns. Therefore, when the project is completed, perhaps a public meeting is needed to ensure people understand the new traffic patterns. Mr. Hammersmith responded that the biggest concern voiced to staff was in regard to the traffic circles. With the barrels still in place, the circles are rather tight. In regard to navigation of the circles, staff is working on some changes to the Code language. It will be necessary for large trucks to go left in front of the circle -- they will not be able to navigate around the circle. The only way to have mitigated that was to have expanded the intersections with further impact to the properties along Tara Hill. In regard to private vehicles, they need to go to the right around the circle. Going left in front of the I circle will be an offense for which a drive will receive a ticket. Mrs. Boring asked about emergency vehicles. Mr. Hammersmith responded that fire trucks will have to go left in front of the circle, but not emergency squads. Mrs. Boring recalled discussion of the response times for emergency vehicles, and it was stated that they would not be impacted by the traffic calming devices. Mr. Hammersmith stated the response time is not changed whatsoever; the fire trucks go left in front of the circle instead of to the right. Ms. Salay added that the emergency vehicle has the right of way, and traffic would 1'1"',"," have to yield to them. ...-". Vice Mayor Lecklider commented that he appreciates the Mayor's feedback, but given the history of this process --- 90 percent plus residents coming to Council after a traffic calming policy is implemented to request this for Tara Hill, and given the many notifications about the meetings and forums - he does not know how to respond to people who comment they "did not know it would be like this." He offered that Council's response to the residents' request for traffic calming could have been to do nothing, but that would not have been satisfactory. The residents have been complaining for many years about speeding on Tara Hill. He is somewhat astonished with this feedback. One resident came to the Task Force regarding a bump-out planned in front of his home, and the group then debated over a series of meetings what would be done in front of a single property owner's home. Many detailed discussions such as this took RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC.. FORM NO. 10148 October 2, 2006 Page 17 Held 20 place over the course of the process. Mr. Reiner suggested that Council waits to see the final outcome of the project, as has ...,,,,,- been suggested. Mayor Chinnici-Zuercher noted she made it clear to the residents who have contacted ~"... her that the project was done in response to the neighborhood and that an active and participatory process took place. What she is emphasizing is that she believes -- similar to removing trees for a tunnel -- that Council must visually present a project and its impacts in a way that is more realistic to people so that they understand the outcome. She is in no way implying that Council should have made no response, or that Council made the wrong response. What concerns her now is that people are talking about not following the traffic patterns. Hopefully, when the orange barrels are removed, there will be less confusion. Mr. Hammersmith stated that staff understands the concerns expressed about the need for a visual representation of a project and its impacts. Staff will work with that goal in mind for future projects. 5. Reported that she was extremely impressed with the on-time reopening of SR 745 on Friday. It has a very different visual appearance, but she felt much safer in traveling the road than in the past. 6. Wished a Happy Birthday to Kathleen Radcliffe of the Dublin News! Mayor Chinnici-Zuercher moved to adjourn to executive session at 9:05 p.m. for land acquisition, legal and personnel matters. Mr. Reiner seconded the motion. !I'lt"'"'"-1I. Vote on the motion: Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr. McCash, yes; Ms. Salay, yes; Vice Mayor Lecklider, yes. Mayor Chinnici-Zuercher announced that the meeting will be reconvened following the """,-,. executive session only for the purpose of formally adjourning. The meeting was reconvened and formally adjourned at 9:45 p.m. , ~ Mayor - Presiding Officer ~(L~ Clerk of Council ~"... .,..,..,,;jf