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HomeMy WebLinkAbout06/20/2005 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC" FORM NO, 10148 June 20,2005 Held 20 Mayor Chinnici-Zuercher called the regular meeting of Dublin City Council to order at 7:00 p.m. on Monday, June 20, 2005 at the Dublin Municipal Building. PLEDGE OF ALLEGIANCE Mr. Reiner led the Pledge of Allegiance. ROLL CALL Present were: Mayor Chinnici-Zuercher, Vice Mayor Lecklider, Mrs. Boring, Mr. McCash, Mr. Keenan, Mr. Reiner, and Ms. Salay. Staff members present were: Ms. Brautigam, Ms. Grigsby, Mr. Smith, Mr. Ciarochi, Mr. Bird, Chief Epperson, Mr. Hammersmith, Mr. McDaniel, Mr. Harding, Mr. Hahn, Ms. Heal, Ms. Puskarcik, Ms. Crandall, Ms. Hoyle, Ms. Ott, Ms. Gilger and Ms. Martin. SPECIAL RECOGNITION/PROCLAMA TIONS Mayor Chinnici-Zuercher presented a proclamation to Denny Lynch and John Barker of Wendy's International, Inc. recognizing the ranking of Wendy's in Fortune magazine's 2005 list of the nation's 500 largest corporations. Denny Lynch, Senior Vice President of Communications thanked Council for the recognition. - Mayor Chinnici-Zuercher presented a proclamation to the Dublin-Jerome Boys Lacrosse Team in recognition of their recent win of the state championship for Division 1-B in their inaugural year as a team. Head Varsity Coach Tom McDonnell thanked Council for the recognition and for all of the opportunities provided by the City of Dublin to the youth for athletics. APPROVAL OF MINUTES Mr. Keenan moved approval of the minutes of the Special Meeting of May 9, 2005. Mr. Lecklider seconded the motion. Vote on the motion: Mr. McCash, yes; Mayor Chinnici-Zuercher, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr. Keenan, yes; Ms. Salay, yes; Mr. Lecklider, yes. Mr. Lecklider moved approval of the minutes of the Regular Meeting of June 6, 2005. Ms. Salay seconded the motion. Vote on the motion: Mr. Reiner, yes; Mr. Keenan, yes; Mrs. Boring, yes; Mayor Chinnici- Zuercher, yes; Ms. Salay, yes; Mr. McCash, yes; Mr. Lecklider, yes. CORRESPONDENCE The Clerk reported that no correspondence had been sent requiring Council action. CITIZEN COMMENTS FOR ITEMS NOT ON THE AGENDA Wallace Maurer. 7451 Dublin Road noted that: 1. Two meetings ago, the Mayor was out of order in restricting his speaking time to three minutes, and further limiting him to three minutes for items on the agenda. Instead of taking up an issue of constitutional rights, he views this as a "mercy killing," due to his physical condition that evening caused by a lack of sleep. The point is that the conditions for speaking to Council for a five-minute period are two: the item must not be on the agenda, and secondly, the items must bear on the interest, welfare and understanding of the City. So he is exercising his right as a sovereign citizen to state that the Mayor's action was out of order. 2. With respect to items on the agenda, he does not know the protocol. He has observed that some are permitted to speak well beyond five minutes, in cases where the Council viewed their comments as important to the discussion. If he is crowding out anyone from speaking, it is the Council's right to stop him. If preference is shown to him, that should be stopped at once. In looking back, he does not believe he has spoken for more than two minutes on an agenda item, but he would like to know the protocol for speaking on agenda items. Mayor Chinnici-Zuercher responded that Mr. Maurer will recall that on the evening when she asked that he limit his comments to three minutes, he had signed up for a large number of items on an unusually lengthy agenda. Council therefore requested that the speaking time for individuals be limited. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC" FORM NO, 10148 June 20,2005 Page 2 Held 20 Mr. Maurer stated that he could defer to that judgment. 3. He noted that the City Manager has called for ideas for the development of the northwest corner of Bridge and High Streets. He pointed out that he had suggested in 2000 the concept of a trompe l'oeil mural in this location, similar to that in Bucyrus, Ohio. LEGISLATION SECOND READING/PUBLIC HEARING - ORDINANCES CODE AMENDMENT Ordinance 28-05 Amending Sections 152.002, 153.002, 153.074(E), and 153.141 of the Dublin Codified Ordinances Regarding No-Build Zones. (Case No. 05-083ADM). Ms. Brautigam stated that Planning Commission has reviewed this and recommends approval. Staff is mindful that Council has asked for more research on the definition of some other aspects of the no-build ordinance and staff will continue to do so. Mr. Keenan asked about the P&Z minutes where a comment is made by Mr. Gerber in regard to play structures in the no build zone - "provided such structures are not permanently anchored." He asked where this language would be found in the ordinance. Mr. Smith responded that it is a non-issue. Whether they are permanently anchored or not, the City will allow these in the no-build zone. When staff brings back additional information, this aspect will be addressed as well. Vote on the Ordinance: Ms. Salay, yes; Mr. Lecklider, yes; Mr. Reiner, yes; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes; Mr. McCash, yes; Mrs. Boring, yes. CLAIMS RELEASE Ordinance 30-05 Authorizing the City Manager to Execute a Release with Edenshier Estates, LLC Regarding Certain Claims, and Appropriating Funds Therefor. Ms. Brautigam stated that staff is recommending adoption to resolve matters related to a change in the Community Plan. Wallace Maurer. 7451 Dublin Road asked if this relates to the 922-acre Edwards proposal, reviewed by Council recently. Ms. Brautigam responded that it is unrelated. Vote on the Ordinance: Mrs. Boring, yes; Mr. Keenan, yes; Mr. Reiner, yes; Ms. Salay, yes; Mayor Chinnici-Zuercher, yes; Mr. Lecklider, yes; Mr. McCash, yes. COMPENSA TlON PLAN AMENDMENT Ordinance 31-05 Amending Section 2.A of Ordinance No. 98-96 (Compensation Plan) Regarding the Reclassification and Pay Grade Reassignment of the Director of Court Services Position. Ms. Brautigam stated that staff is recommending adoption at this time. Vote on the Ordinance: Mayor Chinnici-Zuercher, yes; Mr. Keenan, yes; Mr. Reiner, yes; Ms. Salay, yes; Mr. McCash, yes; Mr. Lecklider, yes; Mrs. Boring, yes. TAX BUDGET Ordinance 33-05 Adopting the Proposed Tax Budget for Fiscal Year 2006, and Declaring an Emergency. Ms. Brautigam stated that staff is recommending adoption by emergency in order to be in compliance with the state law requiring filing by mid-July. Mr. McCash moved for passage by emergency. Mr. Reiner seconded the motion. Vote on the motion: Mayor Chinnici-Zuercher, yes; Mr. Keenan, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr. McCash, yes; Ms. Salay, yes; Mr. Lecklider, yes. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BlANK, INC" FORM NO, 10148 June 20,2005 Page 3 Held 20 Vote on the Ordinance: Ms. Salay, yes; Mr. Reiner, yes; Mayor Chinnici-Zuercher, yes; Mr. Keenan, yes; Mrs. Boring, yes; Mr. McCash, yes; Mr. Lecklider, yes. Brief clarification was provided about the process and requirement for a tax budget to be submitted to the county auditors. INTRODUCTION/FIRST READING - ORDINANCES FEES REV/SION Ordinance 35-05 Amending Ordinance 79-04 to Revise the Fees for Corridor Development Districts in Appendix A of the Schedule of Fees and Service Charges for City of Dublin Services, and Declaring an Emergency. (Signage Review) Ms. Salay introduced the ordinance. Ms. Brautigam stated an ordinance approved in May made changes to the COD district. As part of the recommendations, the Planning Commission suggested that filing fees for signage changes be reviewed for modification. Staff met and identified a way to reduce the fees to $550 for a sign permit. Staff is recommending passage by emergency so that the new fees will be effective on July 1. Mayor Chinnici-Zuercher asked if the developers were involved in the discussions regarding this matter. Ms. Grigsby stated that they were not involved in the specific discussion related to fees, but they were involved in the ordinance regarding the COD District discussions. Ms. Salay asked if Dublin's fees for planning and zoning applications are comparable to those in other communities. Ms. Grigsby stated that they are likely not, as Dublin's fees are based on the costs of providing the services. The majority of other communities base their fees on surveys and on what other communities charge for the service. Mr. McCash moved to dispense with the public hearing and to treat as emergency legislation. Ms. Salay seconded the motion. Vote on the motion: Mr. Keenan, yes; Mr. Reiner, yes; Mayor Chinnici-Zuercher, yes; Mr. McCash, yes; Mrs. Boring, yes; Ms. Salay, yes; Mr. Lecklider, yes. Vote on the Ordinance: Mr. Reiner, yes; Mr. McCash, yes; Mr. Lecklider, yes; Ms. Salay, yes; Mrs. Boring, yes; Mayor Chinnici-Zuercher, yes; Mr. Keenan, yes. ECONOMIC DEVELOPMENT AGREEMENT Ordinance 36-05 Authorizing the Execution of an Economic Development Agreement between the City of Dublin and 3SG Corporation to Induce the Retention and Expansion of Its Operations Within the City of Dublin. Mr. Lecklider introduced the ordinance. Ms. Gilger stated that the company is currently headquartered on Cramer Creek and has 180 employees. They desire to expand their space and add 320 additional jobs. Dublin has proposed a two-part incentive- a performance incentive tied to the new jobs as well as a technology grant to offset costs for additional bandwidth and fiber technology. They are a document imaging company and their needs will expand for bandwidth. The 320 new jobs would bring an approximately $6.5 million increase in annual payroll. Over the five-year incentive, the City would net $850,000 and 3SG would receive an incentive of $100,000 if they attain their targets. Ms. Salay asked for clarification - they are staying in the Cramer Creek facility and leasing more space there? Ms. Gilger confirmed this. There will be a second reading/public hearing at the July 5 Council meeting. INTRODUCTION/PUBLIC HEARING - RESOLUTIONS ADOPTION OF GUIDELINES Resolution 45-05 Adopting the National Incident Management System (NIMS) Guidelines. RECORD OF PROCEEDINGS Minutes of Dublin City Council MeetinR-__ DAYTON LEGAL BLANK, INC" FORM NO, 10148 June 20,2005 Page 4 Held 20 Mr. Lecklider introduced the resolution. Chief Epperson reported that the memo in the packet outlines the rationale of why this is needed from Council. He can respond to questions. Ms. Salay asked if these guidelines are a good, effective state of the art approach for Dublin. Chief Epperson responded that it builds on what Dublin has been doing for some time, and provides a common language for local, federal and state governments for responders. Mr. Keenan stated that it appears that local governments are being encouraged to adopt NIMS principles. Is there a copy of the guidelines available for review? Chief Epperson commented that there is an online two to three hour training course that all first responders are required to complete. There is also a plethora of additional information he can provide on the specific guidelines for NIMS, including training and response to critical incidents mitigation. This is the first step, but he expects to see more in the future from the Homeland Security regarding training and other issues. Mr. Keenan responded that he is concerned that Council is being asked to adopt a set of guidelines that they have not reviewed. What is Council's role in an event of significance? In the case of a biohazard incident, he suspects that citizens would contact their Council Members. Chief Epperson responded that Council is welcome to participate in the training if they desire. The program is not solely for first responders. By Charter, the City Manager is the emergency manager for the City in the case of a natural or other disaster. Council will certainly have a role in the City's response system, and he can provide additional information. Mr. Keenan stated that in the township, the trustees were very involved with such matters and were contacted by citizens if there were issues with response. Mayor Chinnici-Zuercher commented that she is involved with Homeland Security issues in her job. The term is now a broad definition because of the amount of funding available from the federal government for natural disasters as well as potential terrorism. Laypersons can also take advantage of this training. The State of Ohio, Franklin County and the City of Dublin have an integrated plan for homeland security, and Dublin's Police would be involved in all levels of emergency management. Tonight's action would allow the City to apply for and receive grants available for homeland security measures. She asked for the timeline for filing for eligibility for funding. Chief Epperson responded that the guidelines must be adopted by October in order to be eligible for funding. If the region does not demonstrate acceptance of these principles, the region could suffer by not receiving as much funding. Mrs. Boring commented that these issues are handled by the Chief of Police and City Manager, and she sees no reason to delay adoption. Mayor Chinnici-Zuercher suggested a future study session topic of Dublin's plan for disasters. Wallace Maurer, 7451 Dublin Road commented that he restrained himself mightily and humanely from editorializing what has been proceeded from the President's office, and he suspects it has been studied from many angles there. He was interested in the course in awareness, which first responders need to take. Is the course available online? Chief Epperson stated that it is available in several formats, including online. Mr. Maurer clarified that he does not want to take the course, merely review the materials. Chief Epperson agreed to provide him with those. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK. lNC" FORM NO, 10148 June 20,2005 Page 5 Held 20 Vote on the Resolution: Ms. Salay, yes; Mrs. Boring, yes; Mr. Keenan, yes; Mr. Reiner, yes; Mayor Chinnici-Zuercher, yes; Mr. McCash, yes; Mr. Lecklider, yes. BID ACCEPTANCE Resolution 46-05 Accepting the Lowest and Best Bid for the Dublin Road/Brand Road Roundabout Project. Ms. Salay introduced the resolution. Mr. Hammersmith stated that this resolution accepts the bid from George J. Igel and Company in the amount of $1,025,629.62 for the Dublin/Brand Road roundabout. The six bids were quite competitive and staff is recommending proceeding with the bid from Igel. The project is anticipated to begin July 5 and be substantially completed and open to traffic on September 16, 2005. Mayor Chinnici-Zuercher noted that the staff memo indicates that the estimate for the project had been $1.1 million. Later in the memo, it indicates that the landscaping will be bid separately. Was the $1.1 million inclusive of landscaping? Mr. Hammersmith stated that it was not. The landscaping costs will be approximately 10 percent of that amount or $110-115,000. Mayor Chinnici-Zuercher asked if the landscaping has been budgeted. Mr. Hammersmith responded that staff anticipated this as a project cost. The $1.1 is in excess of what was budgeted, because there were some other roadway improvements outside of the intersection itself encountered with this project. Ms. Martin stated that they have not bid the landscaping portion yet as the plans are not completed. Mayor Chinnici-Zuercher asked for clarification - tonight's bid is for the construction only and does not include the land purchased for the project. Mr. Hammersmith responded that is correct - the Daroski land purchase is a separate item. Mayor Chinnici-Zuercher stated that in the past, for large projects with multiple funding awards, Council has requested that the cumulative total spent to date be provided in the memo each time another funding request is made. Mr. Keenan noted that the timeframe is fairly aggressive, given the utilities relocation that is required. Mr. Hammersmith responded that they have recently received much cooperation from the gas company and from AEP in relocating the utilities. Mrs. Boring noted that the bids were opened on June 16. She is disappointed that the City did not automatically include with this project the sewer connection desired. In view of the timing of the bidding, why was this not included to see how it would affect the bids? Mr. Hammersmith responded that if property owners had been cooperative and willing to donate easements, it would have been possible to include the sewer connection. That was not the case. Mrs. Boring stated that she believes that the sewer connection design could have been ready to go along with the bid documents. It could have been eliminated later if it was not possible to do because of the easement issues. Mr. Hammersmith responded that the difficulty is with the inability of the City to quick take utility easements. Had it been included, the entire project would have been delayed due to the property owners not willing to cooperate. He is not certain that the project could even have been built this year, had that portion been included. Mrs. Boring commented that if the sewer connection was not in the project design at the outset, it left little choice in the matter. Mr. Reiner asked in view of the experience with the Brand/Avery-Muirfield roundabout, what are the chances that a cost overrun will occur with this project? RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BlANK, INC" FORM NO, 10148 June 20, 2005 Page 6 Held 20 Mr. Hammersmith responded that the City's experience with this contractor has been positive. There was only one change order of any consequence in the last project with them. Wallace Maurer, 7451 Dublin Road asked if there was at any point a collection in one place of landowners involved about this roundabout construction? Mr. Hammersmith responded affirmatively. Mr. Maurer stated that he is nearly ready to execute the agreement regarding his property. He reminded staff that there is a 300-foot natural stand of trees, which likely took 50 years or more to grow, located in front of his house. In view of the Daroski purchase, he is somewhat "over a barrel" on this matter at this point in time. Mr. Reiner asked that staff provide Council with the landscape plans when they are ready. Mr. Hammersmith agreed to do so. Vote on the Resolution: Ms. Salay, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mr. Lecklider, yes; Mr. McCash, yes; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes. SEWER CONSTRUCTION EASEMENT Resolution 47-05 Authorizing the City Manager to Execute an Easement with Buckeye Check Cashing for a Ten-Foot Wide Sanitary Sewer Easement. Mr. Lecklider introduced the resolution. Ms. Brautigam stated that Buckeye Check Cashing has a new accessory structure at its building on SR 161, needs to tap-in to the sanitary sewer and requires an easement to do so. Staff has no objection to this. Vote on the Resolution: Mr. McCash, abstain; Mr. Reiner, yes; Ms. Salay, yes; Mrs. Boring, yes; Mr. Lecklider, yes; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes. MEMORANDUM OF UNDERSTANDING Resolution 48-05 Authorizing the City Manager to Enter into a Memorandum of Understanding with the Ohio State University on Behalf of OARNET for the Purpose of Using and Operating the Third Frontier Network over Certain City-Owned Optical Fibers. Mr. Keenan introduced the resolution. Mr. McDaniel stated that this is another resolution in the process of obtaining connectivity to the Third Frontier Network. At the last meeting, Council approved two resolutions related to this - one to work with the Board of Regents to receive grant money to effect this, and second to purchase additional fiber to effect this. This resolution will enable OARNET to operate the fiber. Mayor Chinnici-Zuercher asked about the cost to the City for this. Mr. McDaniel stated that the cost is in providing OARNET access to four of the fibers in the City's ring. The $500,000 available through the state grant will provide the funding to establish connectivity and will provide equipment to make it work. The key point is access and establishment for the first time in Central Ohio of this dedicated research network that will enable businesses, government and schools to connect directly to the Ohio Supercomputer Center. By doing this, Dublin will take a leadership role in establishing this network throughout Central Ohio. More detail will follow, once OARNET and Ohio State University sign off. Vote on the Resolution: Mr. Lecklider, yes; Mr. Keenan, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mayor Chinnici-Zuercher, yes; Ms. Salay, yes; Mr. McCash, yes. OTHER . Wayside Horn - Staff Report Ms. Brautigam stated that over a year ago, Council discussed at Round Table the issue of train noise in the southwest. Staff was asked to research this and did some RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC, FORM NO, 10148 June 20,2005 Page 7 Held 20 preliminary investigation. Last fall, Worthington's City Manager sent a letter inviting Council to attend a demonstration in their city regarding a wayside horn system. Worthington has a significant amount of railway traffic and noise, which impacts their residents. She, Mr. Hammersmith and Ms. Salay attended this presentation and were impressed with the system. They wanted to do more research before presenting their findings to Council, and Engineering staff is presenting their findings tonight. Jeannie Martin, Landscape Architect, Engineering presented to Council the following information in a PowerPoint format: 1. In terms of background, residents expressed concern about noise trespass generated from train-borne horns at Cosgray and the Rings Road highway grade crossings. Currently, there are 12-15 trains running along that line, and staff did some research regarding noise mitigation to address the residents' concerns. 2. The Federal Railroad Administration has recognized the nationwide concern and has looked into developing a Final Train Horn Rule that becomes effective on June 24, 2005. This establishes a maximum decibel level of 110 and a minimum decibel level of 96. It also allows for the train horns to be sounded 15- 20 seconds before approaching a crossing and in that way takes into consideration all speeds of trains. It also allows for an opportunity for a community to establish a Quiet Zone. 3. Quiet Zones are a segment of railway lines a minimum of ~ mile in length, with one or more highway-rail grade crossings. The crossings must be equipped with flashing lights and gates and in a low risk area, otherwise use of Supplemental Safety Measures are required, as the average risk index will exceed the national risk index. Partial Quiet Zones may be created during the evening or nighttime hours. 4. Supplemental Safety Measures would be installed at the cost to the public authority responsible for traffic control or law enforcement at the highway-grade crossing and include the following: a temporary closure during specified and constant hours, requiring the redirection of traffic during the specified hours of closure; installation of a four-quadrant gate system with installation cost of approximately $244,000 with annual maintenance cost of $2,000 to 5,000; the installation of medians or channelization devices at a cost of $11,100; and photo enforcement of traffic violations at the highway-rail crossing, with an installation cost of $55-75,000 and annual maintenance costs of $20-30,000. 5. The Automated Horn System is a stationary system located on both sides of the highway grade rail crossing. It is activated by the railroad highway grade crossing warning system, which causes the gates to come down. It is actually a digital recording of an actual locomotive horn and reduces the train-borne horn trespass anywhere from 124 acres down to 3.8 acres. She demonstrated charts of the range of the horn systems. 6. The feasible options available to silence train-borne horns are as follows: establishing a Quiet Zone; installing an Automated Horn System; establishing a Quiet Zone in conjunction with an Automated Horn System; or taking no action. 7. She demonstrated a map showing the CSX rail line and crossings. The first tier to be done would be Cosgray and Rings, and it would be necessary to work in conjunction with the Franklin County Sheriff's office and the Franklin County Engineer's office, as the Rings Road crossing is in Amlin. The Cosgray crossing is within Dublin. When a Quiet Zone is established, the presiding community who enforces the law within the crossing is permitted to request the Quiet Zone. 8. The second tier would be located at Avery Road and at Hayden Run. With the proposed Dublin subdivision of Avondale in close proximity to these crossings, it will be necessary to coordinate with the City of Columbus and the City of Hilliard to pursue a Quiet Zone. 9. The remaining crossings that should be planned for when future development demands occur in the adjacent area are located at Houchard Road and Post Road, located in Franklin County and Madison County respectively. 10. She then showed a video demonstrating the train horn decibel levels. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC,. FORM NO, 10148 June 20,2005 Page 8 Held 20 She summarized that staff is recommending that they investigate further the implementation of a Quiet Zone and an Automated Horn System. Ms. Brautigam added that last week, the Edwards Company made a proposal to Council regarding their development plans for the southwest area. There had been some discussion in that proposal of eliminating the Rings Road and Cosgray crossings, although this is simply a proposal at this time. It would not make sense for the City to invest in the horn systems if the roads would be closed. Therefore, staff's recommendation is not to pursue anything about obtaining these type of horn systems, but possibly to investigate further, based upon changes to the Thoroughfare Plan that will be worked upon this summer in the Community Plan update process. They wanted Council to have this information prior to moving forward with anything related to this issue. Mayor Chinnici-Zuercher stated that her question is a legal one. She assumes that currently, the railroad company is responsible and liable for the crossings and that if an accident occurs for reasons of negligence, they would be liable. If the City should engage in changing the operations of these crossings, what does the City's liability then become? Mr. Smith responded that he cannot respond tonight on this. There is a large body of federal law regarding transportation by rail. He is doubtful that any measures the City would take would change the liability, but railroads are a very protected entity and it is difficult to bring liability to bear upon them. He will return with a report on this at the next Council meeting. Mayor Chinnici-Zuercher stated that railroads and their crossings have existed in these identified areas for years, long before the development occurred. The developers and those who purchase homes are well aware of this and know that they will have some level of impact in their lives. In the future, if Council wanted to do this and adopted a policy for Dublin, why would the City not have the developer fund the costs for this system for affected sites? The developer is the one who profits from the development, not the City of Dubin. Ms. Brautigam stated that staff would agree with this statement. Mayor Chinnici-Zuercher asked for clarification: Dublin would be financially responsible for one of the six crossings and would have to engage the other jurisdictions to cooperate on the other five? Ms. Martin responded that staff is proposing working with the other jurisdictions to ensure a Quiet Zone across that whole line. There is no financial burden with imposing a Quiet Zone. Mayor Chinnici-Zuercher asked about the $50-60,000 per crossing, plus the cost of electricity and a battery back-up system. Mr. Hammersmith clarified that is for the Automated Horn System. The Quiet Zone is part of the qualifying process. Potentially, there could be some cost for supplemental safety measures if necessary due to significant risk. Ms. Salay clarified that a Quiet Zone can be established with the railroad, but it has to be a low risk area or supplemental safety measures have to be added at the crossings. As these are not low risk now, would some measures have to be taken at the intersections? Mr. Hammersmith responded that the risk has not been characterized in terms of the index at this point. Ms. Martin added that if a Quiet Zone is implemented in a low risk area, the train conductor is still permitted to sound the horn if he feels it is not a secure crossing. But with an Automated Horn System in place, the conductor is accountable if he should use the horn in addition to the AHS. Mayor Chinnici-Zuercher stated that the number one issue is safety for individuals, and for her, the safety issue totally surpasses her interest in improving the comfort level for those who live around the crossing. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO. 10148 June 20, 2005 Page 9 Held 20 Ms. Martin responded that the AHS concentrates the horn at the crossing, aiming it directly at the vehicles that want to cross. Mr. Lecklider stated that the AHS system is also more effective, concentrating the warning near the roadway. He assumes the AHS is one that meets with the approval of the Federal railway system. It seems that if approved by them, the City would not assume any greater liability than presently exists. Mr. McCash stated that if the City installs the AHS system, one of the other measures would have to be included, resulting in a potential additional cost of $319,000. Ms. Salay responded that the Automated Horns could be used as a supplemental safety device, so that the intersection is safe. This gives comfort to the railroad in terms of notifying motorists. The establishment of a Quiet Zone and addition of the AHS system would suffice in terms of a supplemental safety measure. Ms. Martin added that there are already gates and lights at the Cosgray intersection, so this would involve only the implementation of the AHS. Mrs. Boring stated that she is confused about how the staff's priorities have been set in response to a Round Table comment. The residents certainly "trespass" on the railroads in a similar way to the railroad noise trespassing on the residents. The railroads were located in this area long before Ballantrae was developed. Personally, she believes that the City should tread very carefully on this and set a priority on other issues that may require staff's attention. Mr. McCash asked, if a gate exists and is required to be used to prevent vehicle crossing, what then is the purpose of the horn? Mr. Hammersmith responded that it is an issue of FRA regulations and the responsibility of the engineer who operates the train. Ms. Martin added that it is the railroad's own supplemental safety measure, as many crossings do not have gates or horns. Mr. Hammersmith stated that at night, the engineer may not be certain of what safety measures are operational at a particular crossing. Mr. McCash stated that he is familiar with the City of Lakewood, where a rail line runs through the heart of the City. The train crosses the street frequently and the horn warning is very brief. Perhaps Dublin should investigate what was done in Lakewood to address the noise trespass. He doesn't believe there are supplemental safety measures that were added. Mr. Hammersmith responded that it is a matter of evaluating the crossings and looking at the risk index, and what the risk is in relation to the safety measures already in place. Mr. Lecklider stated that if Council is generally in agreement, this would be an expense that would be passed along to the developer. If that is the case, he does not see any harm in exploring this for safety reasons. If it is equal to or more effective than safety measures in place, all the more reason to do so. He appreciates the argument that the railroads were here before the development, but the fact of the matter is that the City will continue to experience these conflicts, whether with railways or farms or deer. He believes that new technology should be explored to allow everyone to co-exist. Mr. McCash commented that he does not have an issue with establishing a Quiet Zone, but the train track pre-existed and trains do make noise. He does not understand why addressing train noise becomes a City responsibility. Mr. Lecklider responded that if it is not a great financial burden for the City and is only a matter of working cooperatively with developers to accomplish this, he believes it is in the best interest of the community to make living and working around these railroad areas more appealing. Mr. McCash stated that perhaps establishing a Quiet Zone will be all that is needed, without any additional expense. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 June 20,2005 Page 10 Held 20 Mrs. Boring reiterated that she remains concerned about the staff time in development of reports and presentations and the priorities. She fully agrees that when a developer brings in an application for an area in these zones that he should address it. She is concerned that there are residents who live under power lines who have asked the City to bury them, yet this has not happened. There are more safety concerns with the power lines than with the noise trespass of railroads. She does not support spending additional staff time on this. Mr. Lecklider stated that he does not feel comfortable with relying upon a developer to address the problems. Mrs. Boring stated that the developer would be required to follow the guidelines in place for the railroad crossing. Mr. McCash noted that he would hate to see the City pay for noise problems resulting from a developer building homes near a railroad track. The state is spending an enormous amount of money to build sound walls, instead of prohibiting building within a certain distance from the highway. Mayor Chinnici-Zuercher agreed. She is concerned that, based on the City's policy making history, even if research is done and supports having a Quiet Zone or an Automated Horn System, that adopting such a policy would be adding costs for the developer. What will likely happen is that the developer will come to the City requesting higher density, in view of the additional costs. Her concerns with continuing on this path of researching this system is that it may impact some other issues in the future. Mr. Lecklider indicated that he wants to be forearmed with this information. It is timely in light of Mr. Edwards' proposal along the area where tracks exist. It is inevitable, unfortunately, that someone will complain as development occurs along those tracks. He would like to address this now versus waiting four years and having residents bring petitions to Council to do something after the fact. The City may have the opportunity at the front end to shift that financial burden to someone else. Mrs. Boring asked why the City has to assume responsibility for a citizen's choice of location of his or her home. Ms. Salay stated that this is her ward and the residents have done a great deal of research on Quiet Zones. Quiet Zones were invented because cities have grown into areas in the country where railroads existed long ago. The railroad tracks are now located near densely populated areas of cities. In this case, the noise is so intrusive that residents indicate that conversation at dinner is not possible during periods of train noise. There are 12-15 trains per day and it is a quality of life issue as well as safety. Staff investigated this because the private homeowner cannot request a Quiet Zone- only a government entity can do so. It was agreed upon during Round Table to do so. There was an invitation in the packet to attend the demonstration in Worthington, and she, Mr. Hammersmith and Ms. Brautigam attended. That is why this information is now being presented. She believes the City of Dublin should take the lead on this issue in this case to establish a Quiet Zone. Ms. Salay asked if there are three Quiet Zones to be established for the three areas, or is it one continuous Quiet Zone? How would this be addressed? Mr. Hammersmith responded that staff does not know at this point. Staff is not certain how they overlap, given the separation of the crossings. They have not researched it to that level of detail. Ms. Salay noted that one option was medians or channelization for intersections at $11,000 each. If this were done, the gates would come down, preventing people from pulling around them. A Quiet Zone could be established and the train could not sound its whistle. Mr. Hammersmith agreed. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 June 20,2005 Page 11 Held 20 Ms. Salay stated that these are significant dollars, so why would staff recommend the wayside horn versus the channelization? Mr. Hammersmith responded that it depends upon the risk index at the crossing itself. Ms. Salay summarized that Council should direct staff to research further into the concept of establishing a Quiet Zone. Regardless of the land use in that area, the train noise will continue to be intrusive. It may be possible to partner with the developers, and it is in the developer's best interests to do so. The residents had discussion with the Edwards Company but were told that the City would have to take the lead on doing anything. She believes that it is in the City's interest to have a Quiet Zone - it is a quality of life issue for the residents. If the City could accomplish this at a low cost, she cannot imagine why the City would not go forward with this. Mr. McCash stated that he does not have an issue with simply establishing the zone. Can just that be done, or will it require more? Mr. Hammersmith stated that it depends upon the risk assessment. Mayor Chinnici-Zuercher asked who determines the risk index. Mr. Hammersmith responded that it is outlined in the procedures by the Federal Rail Administration. Ms. Martin stated that there is a calculator online that assists in this. Mr. Hammersmith stated that staff's intent tonight was just to provide an overview on this topic. Ms. Martin stated that staff would contact the Federal Rail Administration. Staff could do a preliminary investigation with the online tools and then work in conjunction with the FRA. Mayor Chinnici-Zuercher stated that the issue relates to workload and staff priorities. If this would be done primarily by the FRA, it would reduce the staff time to be dedicated to the project. Mr. Hammersmith stated that staff wanted to determine if there was interest by Council in pursuing this concept. If there is interest, staff would proceed with further research. Mr. Reiner noted that he is not opposed to having a Quiet Zone. The Planning division should integrate this into the Community Plan, identifying areas with noise levels of certain decibels that would require mitigation. He is appalled that government spends taxpayer dollars installing noise walls along freeways. Where is the city's responsibility in controlling zoning in the community? An important aspect of this is bringing awareness of it in the Community Plan. These noise areas could become conservation zones, under the conservation subdivision design concepts. As a landscape architect, he sees more and more projects where buffers are required in areas that should never have developed - along roadways, near high-tension wires or near noisy areas. The Quiet Zone may be a great idea, but in terms of spending taxpayer dollars to fix the problems - it would be preferable not to allow development of the land. Government should zone the land in a way that will work. Mr. Lecklider asked Mr. Hammersmith to identify the various crossings on the slides. In talking about Quiet Zones, he would have concern with the noise impacts on the tech park businesses. There may be more than just residential interest in a Quiet Zone. Mayor Chinnici-Zuercher moved to pursue the Quiet Zone risk index requirements in order to determine the next step in the implementation. Ms. Salay seconded the motion. Vote on the motion: Mr. Keenan, yes; Mr. Reiner, yes; Ms. Salay, yes; Mr. McCash, yes; Mrs. Boring, yes; Mayor Chinnici-Zuercher, yes; Mr. Lecklider, yes. Mr. Reiner added that his approval is given only with the understanding that it involves a minimal amount of staff time at this stage. Mrs. Boring noted that her approval is given with the same understanding about staff time involved. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK fNC FORM NO 10148 June 20, 2005 Page 12 Held 20 . Post Road Properties - Staff Report Ms. Brautigam stated that several weeks ago, staff came to Council with a report regarding demolition of the City-owned houses on Post Road. Council requested that the house at 5952 not be demolished, and that staff provide additional information on the cost of needed repairs for the home. Ms. Crandall and her staff have determined that repairs needed to prepare it for residential use would cost approximately $175,000, and to use it for commercial or other uses would be $225,000. It would be staff's recommendation that these amounts are far in excess of what should be spent in view of the value of the property, and recommends that Council direct staff to proceed with demolition. Mayor Chinnici-Zuercher noted that Ms. Salay had proposed the motion regarding delaying any demolition and asked her to comment. Ms. Salay stated that she never believed that the best use for this house would be for either a public use or a rental house. She agrees with staff that the City should not be in the business of renting out property. The community has expressed interest over the years in retaining the rural character, and this particular home was the farmhouse for a former farm that now constitutes three Dublin neighborhoods. In looking at the Community Plan and Post Road, the Plan speaks of preserving rural character, and Mrs. Driscoll had requested that Council defer the decision to destroy this house until there is clarity about Coffman Park and how this property will fit into Coffman Park. Ms. Salay stated that in the Coffman Park Expansion Task Force study, the group agreed that they don't want to see this farmhouse torn down. It exemplifies the rural character of Dublin. She asked that nothing be done and that the house be kept in place until the Coffman Park is finalized. The Task Force had in fact felt this property was well suited to be maintained as a single-family residence, and felt that deed restrictions could be placed so that it would remain a single-family home. Someone interested in historical homes and renovation would likely purchase such a home. Rather than making the repairs a City responsibility, it would make sense to wait until it is known what will happen with Post Road and Coffman Park and then return this home to use as a single-family home, allowing the buyer to make improvements as they saw fit. The price tag for repairs is substantial, and it may cost less for a private owner to do over a longer period of time. She urged Council to allow the Community Plan process take place regarding the Coffman Park area. Council will soon make decisions about Post Road and Coffman Park, and she urged Council to follow the recommendations of the citizens and to delay any decision on this particular home. Mayor Chinnici-Zuercher asked what the City paid for this property. Ms. Grigsby responded that it was $242,000. Mayor Chinnici-Zuercher stated that the estimate to bring it into a condition for residential use is at least $150,000 for renovation. Ms. Salay pointed out that assumes prevailing wage costs for renovation. Ms. Crandall stated that updating the electrical would require removal of the walls that contain asbestos. The majority of the costs are for this update. Mrs. Boring asked about the mold conditions. Ms. Crandall stated that a service would be retained to remove the mold, and preventive maintenance would have to be done to keep this under control. Possibly basement waterproofing would be necessary, after the source of the mold is determined. Mayor Chinnici-Zuercher commented that a concern is with the length of time that the property would not be used, and when not inhabited for a long period of time, in view of the location with water and fields, there could be rodent problems. Mr. Reiner stated that he had understood that this was an historic farmhouse, but Mr. McCash has indicated that in fact it is possibly a Sears & Roebuck catalog house. Ms. Crandall stated that this has not been confirmed. Mr. Reiner asked when the farmhouse was built. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 June 20, 2005 Page 13 Held 20 Ms. Crandall responded that early 1900's is her guess. Staff could research this if necessary. Mr. Keenan asked if this house is part of the package for the demolition in process now. Ms. Brautigam responded affirmatively. She believes the cost for demolition of this property was in the range of $18,000. Mr. Keenan asked if the price will increase if the demolition is deferred. Ms. Brautigam responded that it will likely be a higher cost if not done in conjunction with the other properties. Ms. Crandall stated that the demo did not include asbestos removal, which is an additional $30,000. Ms. Salay stated that when Council discussed the demolition, the asbestos issue came up in relation to a couple of properties and staff assured Council that the bid included asbestos removal. Ms. Brautigam clarified that her understanding is that there are two kinds of asbestos removal- with general demolition, keeping the asbestos out of the air, and secondly, tearing out interior walls to replace wiring which requires dealing with the asbestos in the walls. The second process is much more expensive. Ms. Salay stated that if the home were sold to a private individual, these issues would have to be disclosed and they would be aware of the repairs needed. Mr. McCash asked if a test has been done to verify asbestos in the interior walls and ceilings, or has a demolition contractor indicated that the horsehair in the plaster is asbestos? Ms. Crandall responded that Mr. Johnson has confirmed that it is asbestos. Mr. Reiner asked why Council would want to now preserve this home, when Council purchased properties along this roadway for nine years? Why would Council want to preserve this one house, if it is not historically important and in view of the expense and associated liability? Ms. Crandall responded that it was at the request of a resident who was interested in preserving the property. Ms. Salay stated that when it was discussed at the Coffman Park Task Force and they reviewed the location in the context of the entire park, it was felt that the City did not need to purchase this property in the first place in the interest of expansion of the park. Ms. Salay moved to defer destruction of the property at 5952 Post Road for a period of time to give the community a chance to come together and discuss the Coffman Park area plan and for Council to make decisions about the future of Post Road and the future of Coffman Park. Mr. Lecklider seconded the motion. Vote on the motion: Mr. Lecklider, yes; Mr. McCash, yes; Mrs. Boring, no; Mr. Reiner, no; Mr. Keenan, no; Mayor Chinnici-Zuercher, no; Ms. Salay, yes. (Motion failed.) Ms. Brautigam stated that she would take this as direction to move forward to demolish the house. Mayor Chinnici-Zuercher asked that staff contact Mrs. Driscoll and meet with her to let her know about the plans. Ms. Crandall agreed to do so. Ms. Salay offered to contact Mrs. Driscoll as well. CITY MANAGER/STAFF REPORTS There were no City Manager or staff reports. COUNCIL COMMITTEE REPORTS/COUNCIL ROUNDTABLE RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC. FORM NO 10148 June 20, 2005 Page 14 Held 20 Mr. Reiner stated that he is interested in bringing a soil scientist to the Committee meeting regarding topsoil management, but the person he has in mind is currently in China. He will schedule the meeting upon his return. Mrs. Borino commented regarding matters brought up in Round Table and the need to ensure there is support among Council prior to staff undertaking a lot of research and assigning a priority to such matters. She was surprised with the scope of the staff presentation tonight regarding an issue brought up in Round Table. She would suggest that in the future, if more investigation is suggested regarding a matter, that a motion is brought forward and voted upon. Mr. Keenan stated that he believes staff was given direction to research this matter further. Mayor Chinnici-Zuercher clarified that Mrs. Boring is simply pointing out a process to be used in the future so that clear direction is given. Mr. Keenan added that the project list he has suggested would have documented this item so Council would be aware of the direction given to staff. Mr. Keenan thanked Mr. Hammersmith for his quick follow-up on several citizen requests and thanked Mr. Gunderman for quick follow-up to a citizen today. Ms. Salav commented regarding the citizen petition provided to Council tonight regarding the DCVB's decision to eliminate the staffed visitors center. She received an e-mail from the Indian Run PTO about the center and Council's decision to eliminate the staffed center. She responded to citizens that this was not a Council decision, but rather a decision of the Dublin Convention and Visitors Bureau Board. She asked that the citizen petition be forwarded to the DCVB Board for their further handling. She asked that the local media clarify that it was the DCVB Board's decision, not City Council's to change the operation/format of the visitors center. Mr. Lecklider: 1. Reported that on behalf of Council, he attended former Mayor Coffman's memorial service in Dublin on June 12. The family was pleased to have a City Council representative, and they appreciated the Dublin history book given to them. 2. Noted that several neighbors have asked about the calls they recently received from the Police division's automated system. He followed up and talked with someone in the Dispatching area. He suggested that Council be given information about how the system is utilized. Apparently, the calls were made to alert residents about the vandalism occurring in the area. He did not receive a call, however, and is not certain about how the system operates. Chief Epperson responded that there were a larger than normal number of break-ins of cars on a recent weekend, generally south of Brand and west of Dublin Road. The calls were to remind residents to lock their cars and close garage doors. Over 2,000 residents were called by the automated system over two days. He can provide additional information to Council on the parameters of the program. He explained that the system automatically redials if a line is busy, but does not continue to redial after a couple of attempts. Mavor Chinnici-Zuercher: 1. Noted that she has a question to be directed to Chief Epperson as well. There is a system available now that provides information on where sexual predators are living in the community. A citizen contacted her to inquire how this operates. Apparently, they had contacted the Dublin Police to report an offender living within 1,000 feet of a school and were told it is not within the jurisdiction of Dublin Police, but rather the Franklin County Sheriff's office and that the citizen would have to contact Franklin County Sheriff's office. Which jurisdiction should a citizen contact about these matters? RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, lNG, FORM NO, 10148 June 20,2005 Page 15 Held 20 Chief Epperson responded that the Sheriff's office is the agency required to make those notifications, but the information is accessible through the county sheriff's web site. Local law enforcement and the local schools are notified by the sheriff. The dispatchers are to direct citizens to contact the sheriff's office or direct them to the web site. 2. She, Mrs. Boring and Ms. Salay attended the public presentation regarding livable traffic. It was very informative and interesting. Will there be other lectures in the future as the Community Plan update process continues? Ms. Brautigam responded that there will be two more sessions. 3. Noted that beginning tomorrow evening, there are a series of area plan meetings for the Community Plan update. Was there direct communication with citizens about the sessions, outside of the web site and cable bulletin board? Mr. Bird responded that ads were placed in the newspaper and fliers in the various City buildings and at the library. Also, as part of the citizen participation committee, they were notified via the civic groups in terms of meeting dates, topics and locations. Mrs. Boring asked that staff provide fliers to Council on the specific topics, locations and dates for the various area plan meetings. 4. Reported that she attended the U.S. Conference of Mayors session in Chicago recently and it included some excellent plenary sessions and workshops. She has asked the Clerk to place the materials she brought back in the Council library. She also shares information as appropriate with staff. ADJOURNMENT TO EXECUTIVE SESSION There being no further business, Mayor Chinnici-Zuercher moved to adjourn to executive session for discussion of land acquisition. Mr. Reiner seconded the motion. Mayor Chinnici-Zuercher noted that following the executive session, the Council meeting will be reconvened only to formally adjourn. No further action will be taken. Vote on the motion: Ms. Salay, yes; Mr. Lecklider, yes; Mr. McCash, yes; Mrs. Boring, yes; Mayor Chinnici-Zuercher, yes; Mr. Reiner, yes; Mr. Keenan, yes. The meeting was adjourned to executive session at 9:15 p.m. The meeting was reconvened and formally adjourned at 9:35 p.m. ~ Mayor - Presiding Officer ~C2-~ Clerk of Council