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HomeMy WebLinkAbout06/19/2006 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 June 19, 2006 Held 20 Acting Mayor Boring called the Monday, June 19, 2006 Regular Meeting of Dublin City Council to order at 7:00 p.m. at the Dublin Municipal Building. PLEDGE OF ALLEGIANCE Mr. Keenan led the Pledge of Allegiance. ROLL CALL Present were: Mrs. Boring, Mr. Keenan, Mr. McCash and Ms. Salay. Mayor Chinnici- I, Zuercher, Vice Mayor Lecklider and Mr. Reiner were all absent and excused. II Staff members present were: Ms. Brautigam, Ms. Grigsby, Mr. Smith, Mr. Ciarochi, Mr. II I Harding, Chief Epperson, Mr. Gunderman, Mr. Hahn, Mr. Hammersmith, Ms. Richison, I Ms. Hoyle, Ms. Ott, Mr. Earman and Ms. Willis. I I Acting Mayor Boring explained that, per the Charter, in the absence of the Mayor and 1 Vice Mayor, the Council Member with the longest continuous service is the Acting Mayor, and therefore she will preside at tonight's meeting. She asked the Law Director to provide guidance regarding the voting procedure in view of the four members present at the meeting. Mr. Smith stated he has advised Council they can approve legislation by a majority vote il of those present. Zoning ordinances, however, require an affirmative vote of four members. Therefore, for legislation other than zoning matters, three affirmative votes out of the four members present are the majority vote necessary for passage. In addition, any legislation proposed for emergency passage, which requires five affirmative votes, will necessarily be held over until the next meeting of Council. APPROVAL OF MINUTES The approval of the minutes of the meeting of June 5 was delayed until the July 3 meeting. CORRESPONDENCE There was no correspondence requiring Council action. CITIZEN COMMENTS Joanne Crockett, 3840 Summitview Road commented that she would like to share some history tonight. As Council knows, the Liddells have been pleading for sewer connection for 20 years, and Mr. Ryan has been pleading for a water connection since Campden Lakes and Wedgewood Hills were developed. Those requests have not had any relation to development. Mrs. Boring has previously stated, ".. .in our wildest dreams did we not expect to pay for sewer and water." Ms. Crockett then distributed copies of a letter dated October 1, 1973 from the Village of Dublin to the Franklin County Commissioners. In 1973, the area of Dublin east of the Scioto River was annexed to the Village of Dublin. The letter states, "On August 6, 1973, the Dublin Village Council authorized the Village Engineer to proceed with detailed plans for sewer services in certain areas of the village. On August 10, 1973 an application for a grant for sewer construction was filed with the OWDA [she noted this was never granted], and included in this application was the Scioto East Trunk from Martin Road to the now-existing north corporation line, which is just north of the 1-270 overpass on Route 257, one of the contiguous points for this proposed annexation. This trunk is designed of sufficient capacity to eventually extend to this area now proposed for annexation." The Law Director will argue that "eventually" has not come, but it has for those residents who have died or moved. The residents ""k.. ""'"' now only hope that it comes before the rest die or move away. The last sentence in the letter states, "It is the feeling of the Village of Dublin officials that we can, and will, provide good services to this proposed area for annexation, and therefore, we pray the approval of this proposed annexation to the Village of Dublin." It is obvious to her that the residents who signed this petition for annexation were concerned about the services they would be able to receive. It is equally obvious that Dublin planned to extend those services to the entire annexation area. Several terms ago, Mrs. Boring ran an election based on ethics. She charges her tonight that the only ethical solution to this situation is to follow through with the original intent of Dublin Village Council to provide sewer and water services to this area, which the residents do not expect to receive free of charge. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 June 19, 2006 Page 2 Held 20 Joe Ryan, 8267 Riverside Drive stated that the last Council meeting he attended was in May. At that time, he asked some questions about City expenditures and he has not yet received answers. He requested that a City staff member call him to explain those expenditures. Ms. Brautigam responded that she does not recall what those questions were at this time. However, someone from her office or the Law Director's office will contact Mr. Ryan. Mr. Ryan noted that he had also inquired if Council members understood the extent of his water problem and its origination. He has sent packets and tapes to City Council, but he realizes that Council has not seen them. Mr. Hammersmith has indicated to him that it was not necessary for Council to review the literature or tapes because he keeps Council informed. However, for a long period of time, Mr. Hammersmith did not even know where Mr. Ryan lived or where the fissure hole was. He has prepared a condensed version of information for Council. He would appreciate it if they would read it and if someone would respond to him. He believes Council members may not recognize the extent of his problem. Mr. Keenan responded that Mr. Ryan is giving the impression that Council has not previously responded to him. Both he and Mrs. Boring have visited Mr. Ryan at his home and discussed the issue with him. They have also viewed the tape he forwarded to Council. The City Engineer has informed him, however, that when the well was replaced, the second well was not dug deeply enough nor was the required material included in the well. Mr. Ryan responded that he has the well log for the second well that states exactly what was done. He used the hard water from the first well for 23 years until the time Wedgewood was developed, and then he dug the second well. Mr. Hammersmith has reviewed the well log which verifies it was backfilled with bennonite, according to Dublin standards and according to the standards implemented for the 80 plus lots at Ballantrae I in which the wells failed. II Mr. Keenan reiterated that Council has responded to Mr. Ryan's concerns, in contrast to what he is saying tonight. Mr. Ryan responded that he acknowledged at the May meeting that Mr. Keenan and Ms. Boring had visited him and viewed the problem. Mr. Keenan requested input from Mr. Hammersmith. Mr. Hammersmith stated that staff has provided Mr. Ryan a copy of an evaluation by Egan & Associates of the existing well on his property. They identified the problems and what they recommended as a replacement well. Because they were concerned about the depth and whether it was sealed properly, they recommended a double-cased well drilled to a greater depth. Mr. Ryan responded he has a well log that Mr. Hammersmith has seen which confirms it was backfilled it with bennonite. The EPA came out and dyed the fissure hole and said that the dye came from the fissure hole to his well. The Franklin County Board of Health came out and dyed the outside of the well casing and determined there is no leaking and no surface water entering the well. Egan & Associates advised double casing the well, drilling a 12-inch hole, putting a 12-inch casing in and a 5-inch casing in. He agreed to do so, but asked if he did not obtain water, would the City reimburse him. Mr. Hammersmith talked to Ms. Brautigam and she indicated the City would not reimburse him. His situation is such that the well driller won't guarantee he will get water with the replacement well. The geologist at OSU has stated that digging deeper will not change anything. His current well is at 100 feet; the homes around him have wells that are not that deep, and yet they have good water. It is his spring house and the fissure hole that are the cause of the problem. He has asked Mr. Hammersmith to provide him the name of another person on Riverside Drive with a double-cased well. Eventually, they sent him a list of a couple of houses around 4500 Dublin Road, which is substantially south of him and on the other side of the river. 'I Mrs. Boring inquired if there are other homes with double-cased wells. Mr. Hammersmith stated that staff had believed there was a double-cased well nearby, but that turned out not to be the case. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FOAM NO 10148 June 19, 2006 Page 3 Held 20 Mrs. Boring indicated that Mr. Ryan's speaking time has expired, but a staff member would contact him to further address his concerns. Sherman Liddell, 3838 Summitview Road commented that Winston Churchill stated in writing and in speeches during the 20th century that the United States form of government -- a representative democracy -- may not be perfect, but has proven itself as the best form of government yet devised by man. Dublin operates within that format except in regard to the northeast quadrant. In that area, there is a basic need for health and sanitation issues to be addressed -- a need for sewer and water. The residents became impatient and exercised their right to freedom of speech during Memorial Day weekend. He originally discussed this issue during the early 1980's, because he was not notified of the annexation to Dublin. At the beginning of the weekend, they received a call from a resident of Trails End. The enticement to her and her neighbors for annexation was the 1974 promise of sewer and water from the Village of Dublin. Over three decades, nothing has happened. The McKitrick property was wisely purchased 18 years ago for $725,000 when a site was needed for the construction of Scioto High School. However, during the negotiations and development of the Schottenstein PUD, a better site was identified, which included the infrastructure. Consequently, the McKitrick property is now for sale at a minimum bid of $1.6 million -- an increase in value of over 200 percent. He objects to the insinuation that the only reason he and his neighbors want the City to extend water and sewer to their street is to increase their land value. If they were to receive the highest possible value for their land, it would only be an increase in value over a 24-year period of 29 percent. That hardly represents greed by the property owners. Muerl Liddell. 3838 Summitview Road stated that she wished to clarify some misconceptions regarding the petition that some of the residents in the northeast quadrant circulated to expedite the process. At no time did she or any of the other petition takers represent that the tap-in fee for any of the residents would be waived. The petition clearly stated that the residents were petitioning only for the main lines to be extended to their streets at the cost of the City, similar to preceding actions of the City. The minutes she has obtained from the City regarding the City's last approval indicate that the combined sewer and water tap fees for Dublin and the City of Columbus were $2,930. However, those fees are now $4,954. By waiting a couple of extra years to extend these services to the residents in the northeast area, it will now cost the residents $2,000 additional dollars. Her neighbors have expressed disappointment with statements made, insinuating they are greedy people interested only in selling their homes. It is true that some of the homeowners are interested in selling their homes now due to health issues, and the lack of sewers makes it very difficult to sell their homes to I anyone with a family -- particularly with the added factors of the traffic, the water tower and other conditions that have developed in that area during the last few years. When ,I they purchased their homes, the area was pristine. The residents on Trails End expressed great concern to her about the health of their children and the families in the adjacent new subdivision which is receiving contamination from their area. These families have tried to keep their septic systems working, but, as every expert consulted has confirmed, the soil in this area does not lend itself to an efficient use. Her husband nearly died about 10 years ago from Hepatitis A, lost his business and had to take an early retirement. She does not wish that on anyone, particularly the young children in this neighborhood. If Council believes that the Liddells are the only people who want sewers, ask these families. She hopes that none of those children become seriously ill or die due to Council's opinion of the Liddells. Mrs. Boring requested that the City Manager provide information about the City's most recent action of engaging an outside consultant to conduct an updated survey and the anticipated process in addressing the issue. Ms. Brautigam stated that at the last Council meeting, Council authorized staff to engage a professional survey firm. This firm is now working with staff to prepare the survey tool, which should be completed in approximately one week. The survey will be sent to the residents of the identified area. The residents will be asked to complete and return the survey to the firm within two weeks. The results will then be compiled and forwarded to Council. Mrs. Boring inquired if the survey will be sent to all unserved areas. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK lNC FORM NO 10148 June 19, 2006 Page 4 Held 20 Ms. Grigsby responded that the survey will go to all unserved areas. Originally, that was identified as 11 areas, but those are broken down into subareas. Taking into consideration all the subareas, there are 20 unserved areas. Mr. Keenan inquired if the survey makes a distinction between water and sewer needs. Ms. Grigsby indicated that it does, and it also determines the respondent's willingness to be assessed through a special assessment process to have the lines extended. Mrs. Boring asked Mr. Smith if the intent of the letter from the Village in regard to the 1973 annexation was to verify the availability of sewer and water services for the area. Mr. Smith confirmed that it is a standard statement requested from the City for all annexations. It only confirms the ability of the City to serve the area; it does not commit the City to any timeframe. Mrs. Boring inquired the type of information solicited by the survey. Ms. Grigsby responded that much of the information being distributed will explain the process and why the City is conducting another survey. These include: (1) to provide updated information and, specifically, to determine the interest in tapping into the public systems - whether it is water only, or water and sewer; and (2) to identify the costs of extending the service line from the main line to their homes, as well as the tap fees. One of the issues that often arises after the City extends lines is the issue of hardship regarding the cost to install the service line. It is hoped that information will be communicated clearly, in order that the individual residents will understand what their financial impact would be. Wallace Maurer. 7451 Dublin Road stated that if Council read his letter published in the local paper this week, they noted his statement that he would continue to leave Chambers during Council's recitation of the Pledge of Allegiance. He needs to explain the reason he did not do so tonight. He remained in the Chambers tonight to determine the effect of that action upon him, and he may not make that determination until tomorrow morning. He noted he has become suspicious of his stand on that issue in two respects: (1) Subjecting oneself to that act is a moral and philosophical shock with potentially considerable consequences. By doing so, has he been counting on the impact of the act when he should have been substantively continuing to argue the issue? He is more effective when using logic to advance his argument. (2) By that act, he is implicitly "wagging his finger" at Council, adopting a "holier than thou" attitude, telling them what they should do -- as if he were always accurate. He knows himself well enough to know that he is not "holier" than anyone. Mr. Maurer noted he has not set a new trend tonight; he is still thinking about the issue. But those are the reasons he did not leave during the Pledge of Allegiance. LEGISLATION SECOND READING/PUBLIC HEARING - ORDINANCES Ordinance 33-06 Accepting the Annexation of 95 More or Less Acres from Washington Township to the City of Dublin. (Petitioner: JJK Cosgray LLC) Ms. Brautigam reported this is one of the last large parcels to be annexed in the area of Cosgray and Rings Roads. Mrs. Boring inquired if the City has indicated it could provide services to this area, but not that it will pay for providing those services. Ms. Brautigam confirmed that is accurate. , Mr. Keenan inquired if are any potential right-of-way issues where Rings Road meets I II Cosgray Road in Amlin. I, I Mr. Gunderman clarified on the map the exact area being annexed. Mr. Keenan requested that if the City receives a future request for a residential development in that area, it would be important to indicate to the applicant there is a potential need for a fire station in that location. That would avoid future complaints from I residents that they were not informed about the possibility of this. I Mr. Gunderman responded that Planning staff would make the developer aware of that. I Vote on the Ordinance: Mr. Keenan, yes; Mrs. Boring, yes; Ms. Salay, yes; Mr. McCash, I RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting - DAYTON LEGAL BLANK INC FORM NO 10148 June 19, 2006 Page 5 Held 20 yes. Ordinance 37-06 Adopting the Proposed Tax Budget for Fiscal Year 2007. Ms. Brautigam stated that this relates to the adoption of the tax budget for the next year. It is due to the county by mid July. Wallace Maurer, 7451 Dublin Road stated that he has four questions: (1) Under the section "State shared taxes and receipts," why was there a radical drop in estate tax from $1 million and $1.5 million to $25,000? Ms. Grigsby responded that the estate tax is typically estimated at $25,000 due to uncertainty that the revenue will actually be received. (2) On page 3 of Exhibit 1, why is there a radical jump in State grants and aid from $3,000 to $250,000? Ms. Grigsby responded that a couple of years ago, the City was awarded a $500,000 technology grant from the State, specifically for the fiber connections. One half of this grant or $250,000 is directed to the General Fund, and $250,000 is directed to the Capital Improvements Tax Fund. (3) The portion "Other Uses of Funds under Advances" appears volatile, ranging from $45,000 to $6.5 million, and from $35,000 to $-0- unprojected. Ms. Grigsby responded that advances are processed as needed and nearly always relate to capital improvement projects. The majority of the information identified in 2005 relates to the advance made for the acquisition of the land associated with economic development efforts for the Central Ohio Innovation Center. (4) What does the phrase "Personal Services" indicate? Ms. Grigsby responded that it denotes salaries, wages and benefits. Mr. Keenan referred to page 2, "Police and Safety Fund - maximum rate to be levied." Was there a levy in 1976 for 1.2 mills? Ms. Grigsby confirmed that is correct. Mr. Keenan inquired if it is still collected at 1.2 mills. Ms. Grigsby responded that it is now collected at less than 0.2 mills. Vote on the Ordinance: Ms. Salay, yes; Mr. Keenan, yes; Mr. McCash, yes; Mrs. Boring, yes. Ordinance 38-06 Authorizing the Provision of Certain Incentives for Purposes of Encouraging Influent, Inc. to Retain and Expand its Operations within the City, and Authorizing the Execution of an Economic Development Agreement. Ms. Gilger noted that Influent, Inc. approached the City regarding the retention of their headquarters in Dublin as well as the location of a new quality assurance center. They i provide sales and customer service functions for financial and insurance industries. They I currently have 22,000 employees worldwide and ten call centers, three of which are in the ! State of Ohio. They currently employ 90 in Central Ohio with a $4.5 million payroll, and , they hope to grow their company in Dublin to 150 employees by 2010. The agreement provides a technology grant of $35,000, payable in two installments, for upgrading their technology platforms. The City will also provide two dedicated optical fibers in the DubLink network to Influent, renewable in five years. The City will retain 90 jobs, gain 60 new jobs and net approximately $685,000 in income taxes over the term of the agreement. Ms. Gilger introduced Roger Jabobs from Influent. Roqer Jacobs, Executive Vice President and Chief Financial Officer of Influent. Inc. stated that he is a resident of Dublin. He is pleased that Dublin has provided the retention incentive. The company has shown steady growth since its inception, moving to downtown Columbus in 1998 and to Dublin in 2003. With the type of service it provides, the company can be located anywhere, but he is pleased it will remain in Dublin. Ms. Salay inquired about the total number of fibers remaining in the DubLink system at this time. I I I II RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 June 19, 2006 Page 6 Held 20 Ms. Grigsby noted that the original Dub Link proposal was 48 fibers, but because any expansion of fibers in the future would be substantially more expensive, the decision was made to increase the number to 96. The remaining capacity is close to 80 fibers. Mr. Keenan noted that oversight of the inventory is important in view of the innovation center and future R&D efforts. Wallace Maurer, 7451 Dublin Road inquired if the company should close, would it be required to pay back the entire grant? Ms. Gilger responded that it would not be required to pay back the technology grant, and the fibers are dedicated only for the term of the agreement, which is five years. Vote on the Ordinance: Mr. Keenan, yes; Mrs. Boring, yes; Mr. McCash, yes; Ms. Salay, yes. Ordinance 39-06 Authorizing the Provision of Certain Incentives for Purposes of Encouraging the Establishment by Ray & Barney Group of its Operations and Workforce within the City and Authorizing the Execution of an Economic Development Agreement. Ms. Gilger stated that the Ray & Barney Group approached Dublin regarding the potential location of its headquarters to Dublin. They provide clients with strategic human resource and information technology functions. They employ 42 in the State of Ohio, 28 in Central Ohio, with an annual payroll of $1.6 million. They hope to grow to 78 employees in Dublin by 2011. The agreement provides a four-year, $40,000 incentive, with $10,000 increment annual payments, and a technology grant of $25,000 in two payments. She introduced Chasity Kuttras, Partner, Ray & Barney Group. Chasity Kuttras, Partner, Ray & Barney Group stated they are excited about the growth the company is experiencing and the potential move to the City of Dublin. Much of their client base and many of their employees are located in the northwest corridor of :1 Columbus, including WD Partners, Bound Tree Medical, Nationwide and Cardinal II Health. They anticipate providing their services to an expanded client base, providing a great place to work for their employees, and being good corporate citizens. Vote on the Ordinance: Mr. McCash, yes; Mrs. Boring, yes; Ms. Salay, yes; Mr. Keenan, yes. INTRODUCTION/FIRST READING - ORDINANCES Ordinance 40-06 Authorizing the City Manager to Accept the Donation of a 0.029-Acre Tract of Land Adjacent to Marmion Drive from The Woodlands at Ballantrae Condominiums. , Ms. Salay introduced the ordinance. Mr. Gunderman stated that the proposal is for The Woodlands at Ballantrae Condominiums to donate to the City a very small section of land that is adjacent to the City right-of-way on : Marmion Drive. The intent is to help provide future access to a potential development site that currently has access only on the south far end of Rings Road. It is a very deep site. It is also likely to be cut off on the east by the Hilliard School District proposed building site. The Edwards Company - the developer of the condominiums - has an option to purchase the adjacent potential development site. They would like to have this separated from the condominium development now to avoid encumbering future buyers of those condominiums. The site is adjacent to another remnant parcel owned by the City due to the golf course development. Altogether, this would give the City 60 feet of frontage. It would not be ideal for a public street, but it provides the potential for a private driveway or emergency access road from Marmion Drive. Steve Hadden of the Edwards Company is present to respond to questions. Mrs. Boring inquired how this issue arose. Mr. Gunderman responded that the Edwards Company contacted the City staff about this I situation and inquired if it would be possible to separate this site in some manner. Staff suggested that the most secure method would be their donation of this section of land to I the City. ! i I , II I I RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 June 19, 2006 Page 7 Held 20 Mrs. Boring inquired if the Legal Department has reviewed the matter. Mr. Gunderman responded that the Legal Department has reviewed the matter, including the deed. Mrs. Boring inquired if Marmion Drive is a private street. Mr. Gunderman responded that it is in fact a public street. Mr. Keenan inquired if the condominiums shown on the footprint are built or are in process of being constructed. Mr. Gunderman responded that the construction is well advanced. II Mr. Keenan inquired if a road is constructed, how could its impact on the condominiums be avoided? Mr. Gunderman responded that the potential impact on the condominiums and the property to the north is an issue that would have to be addressed when a development proposal for the adjacent site is received. Mr. Keenan inquired if the parcel to the north is a single family residential site, and whether it is occupied at this time. Mr. Gunderman responded affirmatively. Ms. Salay inquired how this would be reflected as a future roadway connection on plats and sales materials. Mr. Gunderman responded that the roadway was not been contemplated in the past, so it would not be reflected on any documents that exist. Mr. Keenan inquired if the Legal Department would have suggestions about how to avoid repercussions from adjacent homeowners who would claim they were not aware of the road plan. Steve Hadden. Edwards Land Company noted he has been in communication with all of the existing landowners within The Woodlands at Ballantrae Homeowners Association, which are in Building 27 and Building 26. They are the guarantors on the deed. He has also been in communication with the owner of Lot 206. That owner is also interested in providing another small section of land to create more distance, pushing the road as far from Building 27 as possible. Mr. Keenan asked why this resident would be willing to provide that section of land. Mr. Hadden clarified that the owner of Lot 206 he will be compensated for this small section. Ms. Salay stated that the City has recently had many unhappy residents as a result of the Eiterman Road extension. The homeowners would likely not be aware that the extension was planned. The City would want to make potential property owners well aware of future roadway extensions. Mr. Hadden responded that he understands and has tried to offset any impact on adjacent residents by communicating immediately about the situation. i Mrs. Boring noted that in the Eiterman extension, the roadway was planned well in advance and was shown in the City's Thoroughfare Plan. This situation seems to be somewhat of an afterthought. Mr. Hadden stated that in this case the owner is simply donating the land to the City in anticipation of future discussion. It does not indicate any present roadway plans. Nevertheless, an exhibit of a possible roadway has been included as full disclosure, and he has made certain the existing property owners have seen the same. Mr. Keenan inquired if staff has that exhibit. Mr. Gunderman responded that he does not have a copy. Mr. Keenan requested that a copy of the exhibits be provided for the record. Mrs. Boring requested that the copies be forwarded with the materials for the second reading. Mr. Hadden indicated he would forward the copies as requested. Mr. McCash noted that this property would be cut off from further access to the east by the Hilliard school site. Does this property have access to Rings Road? Is it a land-locked parcel? Mr. Gunderman responded that it is not a land-locked parcel. RECORD OF PROCEEDINGS -. Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 June 19, 2006 Page 8 Held 20 There will be a second reading/public hearing at the July 3 Council meeting. INTRODUCTION/PUBLIC HEARING - RESOLUTIONS Resolution 56-06 A Resolution Approving the Amended 9-1-1 Final Plan for Union County. Mr. Keenan introduced the resolution. Ms. Brautigam noted that because a portion of Dublin lies in Union County, Dublin's approval of the amended 9-1-1 Plan is also required. Mr. Keenan inquired if the Union County plan is coordinated with Franklin and Delaware counties. Chief Epperson confirmed that is the case. Each county and entity that has a 9-1-1 plan has a service area established by PUCO and that is identified with land lines. What is interesting with this plan, and will be seen more in the future, is the wireless clause. In this plan, Union County will receive all wireless calls for Union County and Dublin will receive calls for Franklin County. Mr. Keenan inquired if it is driven by cell tower signals. Chief Epperson responded that the wireless call reception will be based on where the towers are located to be picked up by the jurisdiction in which that service area lies. Ms. Salay inquired if the voice over internet providers have any specific issues that Council should be made aware of. Chief Epperson responded that when the consumer decides to purchase that type of system, it is important that they know that wherever they register is the location where the calls are forwarded. Therefore, it is important to register with a home address, if that is the appropriate address for a 9-1-1 response. Some companies do a better job than others at making their customers aware of this. Ms. Salay stated that when she registered, she had to confirm the 9-1-1- address twice. Today, many residents are bundling their cable, internet and phones services. Is there a way to remind residents of the need to verify that their 9-1-1 address is registered as they desire? Perhaps this information could be communicated on the City's web site. Chief Epperson responded that would be done. Vote on the Resolution: Mr. Keenan, yes; Mr. McCash, yes; Mrs. Boring, yes; Ms. I Salay, yes. ! Resolution 57-06 A Resolution Accepting the Lowest and Best Bid for the Tara Hill Traffic Calming Project. Ms. Salay introduced the resolution. Mr. Hammersmith stated this resolution accepts the lowest and best bid received by the City for the Tara Hill traffic-calming project. The recommendation, known as Concept 11, was submitted by the Tara Hill Task Force to Council last year. Council adopted those recommendations. The low bidder was Nicholas Savko & Sons with a bid of $660,698. This project was budgeted at $612,000 in the 2006 budget. However, for many years street maintenance has been planned for Tara Hill Drive but deferred in view of the fact that traffic calming construction was anticipated. The road resurfacing was therefore included in this project. The traffic calming component was approximately $500,000, so this project remains within budget. Ms. Salay inquired if the landscaping is included. Mr. Hammersmith responded that minimal landscaping is included, primarily turf with a few trees. Asphalt imprinting in a few areas is also included. Ms. Salay inquired when the remaining landscaping would be installed. Mr. Hammersmith responded that not much other landscaping is warranted. There are only three traffic circles in the project, and the medians. However, the City tries to avoid high maintenance landscaping. Engineering is collaborating with the Parks staff on the appropriate landscape elements. Ms. Salay stated that the Task Force recommendation included landscaping such as perennials in the traffic circles. Mr. Hammersmith responded that because of the need to make the traffic circles work geometrically for all vehicles, the circles were smaller than anticipated. There was not RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 June 19, 2006 Page 9 Held 20 much space for landscaping detail. He could provide conceptual drawings that include the landscaping elements. Ms. Salay responded that would be helpful, due to the fact that the Task Force discussed at great length the need for landscaping to make the traffic-calming measures attractive. The landscaping of the Southwest Area traffic calming project was referenced in their discussions. Ms. Salay commented that she and Vice Mayor Lecklider attended a public meeting on June 15, which was held for the Tara Hill residents. The residents were able to view the Concept 11 recommendations and understand how their individual properties would be impacted by the project. The meeting was well attended and everyone seemed to be satisfied with the plans. There will surely be some resident angst in reaction to the construction, of course, but she is confident City staff will be able to handle that with the usual spirit of cooperation that minimizes the negative impact. Mrs. Boring stated that she has concerns about the selected bidder. Although it may be the "lowest," she is concerned about whether it is the "best" bid. In the past, the City experienced a great deal of difficulty when Savko & Sons handled some major projects. It cost the City a significant amount of time, effort and expense to work with this company. She asked Ms. Grigsby to comment on the difficulty involved with the Tuller Road project. Ms. Grigsby responded that it involved considerable effort on the part of the City to have the road smoothed out. The Tuller Road project was completed 14 years ago, in 1992. Mr. Keenan inquired if there is some basis for staff's belief that the contractor's performance has improved. Mr. Hammersmith responded the City has had more recent experience with Savko & Sons. By their own admission, the company acknowledges a difficult past with Dublin projects. The Tuller Road project had a concrete base and Savko & Sons had difficulty with the project. However, Savko performed work in Tartan West and completed the concrete work associated with the 2004 street maintenance program. Because of a change in foremen and other significant factors, recent experience weighs more heavily than more distant experiences. Mrs. Boring inquired if he is aware of the problems experienced with Muirfield Drive. Mr. Hammersmith responded that he was not with the City at the time of that project. Mrs. Boring stated that the Tartan West area, which has minimal traffic volume, and the 2004 street maintenance concrete work are very limited projects in comparison to this project. In the past, Savko could not successfully handle major projects. The work was very unsatisfactory for the affected neighborhoods. The City would not want anything but the best results with this project. Mr. Keenan suggested that approval be deferred to allow staff time to gather references and to validate that more recent, successful projects have been completed for other '! entities. Ms. Salay stated that to begin construction at the beginning of July, it would be essential to approve the bid tonight. If there were any recent problems, she, too, would be hesitant. Staff has indicated they have obtained satisfactory references, and she trusts their evaluation of the bids. Mr. Hammersmith noted that this project is different from the past projects cited. It is not a i I highway project. It is predominantly concrete work with the asphalt work being done by a :i .. subcontractor. Unfortunately, he does not have the name of the subcontractor tonight. Savko & Sons will handle the excavation, the concrete work and the coordination of the project. He added that there is a compressed timeframe. The intent is to begin immediately after July 4th and have it completed before the Irish Festival. Mr. McCash stated that he recognizes that there were past performance issues with this company. However, his personal and recent experience in using them for projects has been that they have been responsive and have completed the work properly. Perhaps the factors existing in the past have been resolved. 1 ! Mr. Keenan noted that Mrs. Boring's points are well taken. If this bid is rejected, would the i project need to be re-bid? I I RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO i0148 June 19, 2006 Page 10 Held 20 Mrs. Boring responded that it would not. Mr. Smith responded that Engineering would then evaluate the other three bids, and recommend one of those to Council. If none were satisfactory, the project could potentially be re-bid. Mr. McCash responded that the City could then be subject to a challenge. Mr. Smith concurred. Mr. Keenan stated that perhaps it is adequate that this contractor has been made aware of the concerns. Vote on the Resolution: Mr. Keenan, yes; Mr. McCash, yes; Mrs. Boring, no; Ms. Salay, yes. Resolution 58-06 A Resolution Authorizing the City Manager to Enter into a Three-Year Contract with the Law Director for the Provision of Legal Services. Mr. Keenan introduced the resolution. Mr. Keenan noted that Council discussed previously their preference regarding the length of this contract. The consensus was for a three-year contract. The rate increase represents an average increase of 1.66% annually over a six-year period from 2003 to 2009. The other provisions remained essentially the same as the previous contract. Wallace Maurer. 7451 Dublin Road stated he supports this resolution for two reasons: (1) he does not want to orient another attorney about the Kindra case; and (2) Mr. Smith is a first-rate lawyer. In fact, if necessary, he would retain Mr. Smith as counsel personally should someone take the Kindra firing case to a court. He would do so on the basis that he, as a member of the citizenry, employs all City staff, including Mr. Smith. However, lest anyone mistake his motives, he is interested only in a win-win situation. Mr. Smith asked that the contract period begin June 1, 2006 and continue through May 31, 2009. Mr. Keenan moved to amend Resolution 58-06 to reflect a revised term of the contract from June 1, 2006 through May 31, 2009. Ms. Salay seconded the motion. Vote on the motion: Mrs. Boring, yes; Mr. Keenan, yes; Mr. McCash, Ms. Salay, yes. Vote on the Resolution: Mr. Keenan, yes; Ms. Salay, yes; Mr. McCash, yes; Mrs. Boring, yes. OTHER . Cable Pilot Program Ms. Brautigam stated that that the pilot cable television program is now concluding. Staff is requesting Council authorization of an additional $7,500 for the purpose of having the company continue to collect stock footage of Dublin events. The intent is to discuss at the 2007 operating budget hearings whether this program will be continued in 2007, and if so, if it should be changed in any way. They are negotiating possible programming changes and , cost sharing options with the school district. The additional funding of $7,500 will allow some background taping to occur in the interim. Mr. Keenan noted that this program has been well received by the community. He would prefer there not be a break in the taping of the Council meetings. Developers have asked for copies of the DVD's of the meetings, and the City is in the midst of certain issues which make it beneficial to continue to have video recordings of the proceedings. The cost -u,,,,_,_,_'o> breakdown is approximately $200 an hour for taping the Council meetings. There are 1 0 meetings remaining in 2006. Ms. Brautigam stated that she does not have the information with her, but she believes the cost of videotaping Council meetings through the remainder of 2006 was $18,000. If that is Council's desire, they can direct staff to provide financial information for the next Council meeting. Mrs. Boring noted that there are different opinions regarding the videotaping of Council and Planning and Zoning meetings. At the recent APA Conference, in two of the sessions she attended, advice was given not to videotape the meetings. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 June 19, 2006 Page 11 Held 20 Mr. Keenan responded that these are public meetings. He would be interested in additional information about this topic. Mrs. Boring responded that she will provide copies of her notes on the subject to Council. Mr. McCash stated that he believes it is worthwhile to allow the public more opportunity to see their govemment at work, to see how their elected representatives are performing. Mr. Keenan noted that the minutes cannot capture the dynamics of the discussion as can the video. Ms. Brautigam noted that the minutes will continue to be the official record of the meeting. There may be some misunderstanding regarding how long the tapes would be retained. Mr. Keenan emphasized that the videos are public records of the meetings and subject to the rules for public records. Ms. Brautigam agreed, but noted that the body keeping the records has a record retention schedule. Often, video recordings are not considered permanent records and are retained for a minimal length of time, perhaps only 90 days. Council needs to address that issue, if it decides to continue the taping. I Ms. Salay stated that she would prefer to postpone the discussion of the possible I continuation of videotaping Council meetings, since it is an expenditure well over the , $7,500 staff has requested at this time. Also, there are differing points of view regarding that option. A citizen who is very engaged with the City recently shared with her that he believes the presence of the cameras tend to make Council's discussions less lively and less engaging - that Council would, in essence, edit itself. As a result, a Council member may be reluctant to speak up on an issue due to the presence of the camera. In his view, the Council meetings were becoming drier, that Council was less engaged as a group. She has also heard comments that the citizens enjoy seeing what is happening in Council meetings. She has had two minor suggestions: (1 ) Have the date of the Council meeting reflected on the screen, so that viewers are aware of which meeting they are viewing; (2) Use the ability to edit, and not televise the discussion of Council members' schedules due to family privacy issues. Although this is a public meeting, there I' is no need to televise that portion of the discussion. I Ms. Salay moved to approve the staff recommendation and to authorize the appropriation of $7,500 to continue videotaping activities and programs through the remainder of 2007 and to postpone the discussion of whether or not to continue the other suggested uses for the cable channel, i.e., Council meetings or school-related uses until the operating budget process. Mr. McCash seconded the motion. Vote on the motion: Mr. McCash, yes; Mr. Keenan, yes; Mrs. Boring, yes; Ms. Salay, yes. COUNCIL COMMITTEE REPORTS/COUNCIL ROUNDTABLE Mr. Keenan reported: (1 ) The Veterans' Monument Committee met on June 9. They discussed several topics, but focused on site selection. The choices were narrowed to 4 or 5 sites. The next meeting is scheduled for Friday, July 7. (2) He and Ms. Salay attended the dedication ceremony for the Washington Township new administration office and training tower complex on June 12. The event was well attended by public officials and citizens. The township offices are all located under one roof, which will provide some economies for the township operations. They also observed operations of the training tower and a simulated kitchen fire. Ms. Salay: (1 ) Stated that citizens have inquired about the sites under consideration for the veterans' memorial. There have been many rumors in the community about the suggested sites. Could Mr. Keenan provide a brief memo regarding that discussion, so she can provide an informed response? Mr. Keenan responded that minutes of that meeting are being prepared, which would contain that information and he will have staff provide them to Council. (2) Thanked staff for assembling the information for the Community Plan open house. The meeting was very well attended. When will a summary of the I RECORD OF PROCEEDINGS _...._----~--- Minutes of Dublin City Council Meeting -..------ DAYTON LEGAL BLANK INC FORM NO 10148 .------.--------...-.- June 19,2006 Page 12 Held 20 public comment cards be available? Ms. Brautigam responded that information would be included in the Friday packet regarding when that summary would be completed. Mrs. Boring added that her understanding is that public comment is still being taken online and the process remains open. Ms. Salay inquired if the maps and exhibits have been made available at the City's website. Prior to the meeting, they were not available online. Mr. Ciarochi indicted that he will check with staff regarding their availability. II Mrs. Borino: I (1 ) Reminded everyone to check their calendars for the many events that are planned the next two weeks. (2) Requested clarification of the water/sewer program. Her understanding was that a program was in place to continue to consider the extension of City sewers. Are citizens aware that engineering maps regarding the unserved areas are available, and that the City can extend the lines at any time with an assessment process? Confusion seems to linger regarding this process. Ms. Brautigam responded that staff has not continued to communicate with the residents of the unserved areas. Staff communicated very effectively at the time the studies were conducted. Council then established priorities for future extension of service, which staff has been working to incorporate in the CIP. At that time, assessments for extending the mainline were also discussed, but that option was much more expensive than the residents anticipated. Because Council indicated they were not interested in that option, it was not pursued. However, if there are situations of more urgency, and although staff continues to recommend that the cost of extending lines be assessed to the benefiting property owners, information regarding that option can be provided. Mrs. Boring stated that at the time, Council's intent was to provide the main sewer to the unserved neighborhoods, although that could not be accomplished immediately due to the lack of available funds. It was understood the process would take years and years. However, Council would not object to extending the main line immediately, if the residents were willing to have the cost assessed to them. Ms. Grigsby responded that information regarding special assessments will be included with the survey mailing next week. Assessments are always identified as an option to accelerate the extension of lines. Mrs. Boring inquired other Council members' understanding of the City's current policy. Ms. Salay commented that it was also her understanding that extension of the main lines by the City could not occur until the funds were available. Mrs. Boring summarized that the City policy has not changed in this regard. ADJOURNMENT TO EXECUTIVE SESSION Acting Mayor Boring moved to adjourn to executive session for discussion of land acquisition matters. She noted the meeting will be reconvened only to formally adjourn. Mr. Keenan seconded the motion. Vote on the motion: Mr. Keenan, yes; Mrs. Boring, yes; Ms. Salay, yes; Mr. McCash, yes. The meeting was adjourned to executive session at 8:30 p.m. The meeting was reconvened and formally adjourned at 8:50 p.m. I I , Ii ~C!-~ Clerk of Council II