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HomeMy WebLinkAbout09/21/2009RECORD OF PROCEEDINGS Minutes of September 21, 2009 Mayor Chinnici-Zuercher called the Monday, September 21 Regular Meeting of Dublin City Council to order at 5:30 p.m. at the Dublin Municipal Building. Present were Mayor Chinnici-Zuercher, Vice Mayor Boring, Mr. Gerber and Mr. Keenan. ADJOURNMENT TO EXECUTIVE SESSION Mayor Chinnici-Zuercher moved to adjourn to executive session for discussion of personnel matters. Vice Mayor Boring seconded the motion. Vote on the motion: Mayor Chinnici-Zuercher, yes; Mr. Gerber, yes; Vice Mayor Boring, yes; Mr. Keenan, yes. (Mr. Lecklider, Ms. Salay and Mr. Reiner arrived and joined the executive session in process.) The meeting was reconvened at 7:00 p.m. Staff members present were: Mr. Foegler, Mr. Smith, Chief Epperson, Ms. Crandall, Mr. Hammersmith, Mr. Edwards, Mr. Thurman, Ms. Adkins, and Ms. Richison PLEDGE OF ALLEGIANCE Mr. Gerber led the Pledge of Allegiance. APPROVAL OF MINUTES Ms. Grigsby, Mr. McDaniel, Hahn, Mr. Harding, Ms. Ott, Mr. • Regular Meeting of September 8, 2009 Mr. Gerber moved approval of the minutes. Ms. Salay seconded the motion. Vote on the motion: Mr. Reiner, yes; Mr. Gerber, yes, Mr. Lecklider, yes; Ms. Salay, yes; Vice Mayor Boring, yes; Mayor Chinnici-Zuercher, yes; Mr. Keenan, yes. CORRESPONDENCE There was no correspondence requiring Council action. CITIZEN COMMENTS Jack Chaisson, 5645 Whitecraigs Court noted concerns regarding the manner in which the repairs and improvements to underground utilities in the City are handled. A large project has been underway with AEP for a period of time. Substantial damages were done to his and a neighbor's yard by a 50-ton vehicle used in the project. His neighbor is still in negotiation with AEP for the repairs to her yard. In terms of cleaning up and repair of the lawn, a shoddyjob was done by subcontractors of AEP. WOW repaired a cable in front of his house this week, and in doing so cut a cable running along the back of his property, resulting in no Internet service or cable service for over a day. They, too, did a shoddy job of repairing the holes made in the lawn. The residents are the last to know when work is to be done by these companies. The door hanger material provides little information and no contact number. Communication needs to be improved with these entities. There are often extensive repairs needed as a result of the unnecessary damage to lawns. They are asking that Council have staff review the processes, so that less anguish occurs for the residents impacted by these repairs and improvements. He is requesting that Council take this under advisement for further action. Mayor Chinnici-Zuercher asked the City Manager about the notification expected to be made to the residents for this project. There was discussion earlier this summer about the landscaping to be done after the work was completed by AEP. Mr. Foegler responded that he is not aware of the precise requirements of the companies. He, too, experienced disruption on his property with this work and was able to communicate quickly with the City staff person who obtained follow-up from the utility companies. He is not aware that there is any required notification by the public utilities, but they have cooperated with the City in providing such information. Staff Dublin City Council Meeting RECORD OF PROCEEDINGS Minutes of Dublin City Council _ Meeting September 21, 2009 Page 2 member Tammy Brown has served as the liaison for the City on utilities and telecommunications. He asked Mr. McDaniel to provide additional information. Mr. McDaniel stated that AEP has been involved in the reconstruction of the 3131 circuit. It has caused much disruption in the area, and staff has worked proactively with AEP on communicating in advance as much as possible. Often, the door hangers are not effective because of the garage entry used by many homeowners. Staff does try to assist with communication and follow-up on damage issues. Staff meets monthly with AEP, the Muirfield Association and Muirfield Civic Association representatives since the project began. This is a significant capital project for AEP and not easy to perform in easements on private property. There is a filing with the PUCO regarding some of these issues. As AEP completes this project, the hearings at the PUCO will continue regarding actions going forward. Mr. Keenan asked for the best point of contact for the residents for these matters. Mr. McDaniel responded that if a resident cannot access the AEP phone number given, they can call his office at 410-4618 and speak with Tammy Brown. She will help to facilitate the communication with AEP and for other cable and telecommunication companies. Steve Quisenberry, 5729 Ballantrae Circle noted that he has been a resident of Dublin for three months, after relocating from Maryland. Also present tonight are several other representatives from the Ballantrae community. (They stood to be recognized.) He presented a petition to Council, requesting that Council consider upgrading the rail crossings at Rings and Cosgray Roads so that these crossings can qualify for a quiet zone designation under the federal regulations. He noted that the CSX freight train line runs along the southwest border of Dublin and is very active, significantly impacting the Ballantrae community. There are about one half dozen at grade crossings for this line, but the two of concern to Ballantrae are those closest in proximity at Rings and at Cosgray Roads. Under current federal law, the trains, upon approaching crossings, are required to blow the whistle, unless certain upgrades are made so that the area can be designated as a quiet zone. The upgrades required would be the installation of four quadrant gates and, potentially, concrete barriers to make it virtually impossible for cars to drive around the arms as the train is approaching. Because the crossings are only'/z mile apart, an approaching train results in a barrage of whistles throughout the day. Often, 10 trains come through per day -and at night as well during normal sleeping hours. A good portion of the Ballantrae community is situation very close to the rail lines. There are additional lots in Ballantrae not developed, and he understands that they are difficult to sell because of the proximity of the trains. People do not object to the trains, but to the extremely loud whistles. It is a nuisance during the day, and the noise is uncalled for in the middle of the night. It is disruptive to sleep, and sound machines do not diminish the whistle noise. As the economy rebounds, more train traffic will come through the area. They view this as a quality of life issue for Ballantrae. Dublin is a well planned community, and the City officials are forward thinking. They view this as an opportunity for the Council to put into place a functional improvement that can benefit a number of the City residents. He thanked Council Member Salay for her responsiveness in this matter, noting that she has been an advocate for the neighborhood. Charlie Driscoll, Edwards Company. developer of Ballantrae echoed Mr. Quisenberry's comments, agreeing that this has been an issue for a long time. There was previous discussion of this, but it was expensive to undertake. At this time, there is hope that some federal funds could be available for this. He hopes that Council will consider this, as it is an important issue to the community. Ms. Salay noted that Mr. Quisenberry spoke of six crossings, but the critical ones at this point are those near Amlin. There are two located in the northwest portion of Dublin, close to the COIC, and they may potentially be a future issue. There are two near Hayden Run Road. A recent Dispafch article described Hilliard's efforts to make their portion of this rail line a quiet zone. She recently observed the impact of the train RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting September 21, 2009 Page 3 noise on the activities at the Miracle League playground. In the future, there will be more trains using this line and perhaps even commuter rail. There was discussion of future development in the Community Plan and how it would be impacted by the existing rail line. Making this area a quiet zone would greatly reduce the impacts of the nearby rail line. It is a quality of life issue for the residents, but the safety would improve as well. Mr. Hammersmith provided information via e-mail to Council regarding this matter and asked for direction. The Ohio Rail Commission is willing to work with the City, and there is an opportunity to partner with other jurisdictions, including Washington Township, Franklin County, and the City of Hilliard. There may be some economies of scale in the City working with Hilliard as well as the other entities involved. She moved to direct staff to research this issue thoroughly, identifying options going forward, and to provide a report including costs and options for funding. Mr. Gerber seconded the motion. Mr. Gerber noted that his understanding is that with the study of the railway system underway in Ohio, there is grant money available. Further, it is contemplated that as the train system evolves and becomes more active, it will affect communities such as Dublin. There will be monies available for these quiet zones. He supports staff investigating this, including reaching out to Hilliard, the state, the federal government, and other entities. Mayor Chinnici-Zuercher agreed. Council has had discussions during the Community Plan update, and more recently in relation to the issue raised tonight. There are grants and funding options available. The City should take advantage of the funding available and be part of the larger quiet zone picture recognized nationally. Perhaps the funders would look more favorably at amulti-jurisdictional quiet zone approach, and give their attention to it at an earlier date. She further suggested that the Edwards Company needs to participate in the financing of this, as they chose to develop the area with the rail line existing nearby. She hopes that Edwards Company will partner with the City in moving forward with a solution. Mr. Foegler stated that, with passage of this motion, staff will investigate the issue carefully and report back to Council within 30 days. Mr. Keenan urged staff to contact state and federal officials regarding assistance with this. Ms. Salay noted that 45-60 days may be needed to provide a thorough report to Council, and that would be acceptable. Vote on the motion: Mr. Lecklider, yes; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes; Mr. Reiner, yes; Mr. Gerber, yes; Vice Mayor Boring, yes; Ms. Salay, yes. Wallace Maurer, 7451 Dublin Road noted a correction to the minutes of September 8, 2009 on page 5, in the discussion regarding the wording in the ordinance, specifically relative to the words, "church or other places of worship." The word omitted from his suggested breakdown of places of worship was pow wow. He asked that Council include the word pow wow in the minutes. He noted that at the September Stn meeting, Mr. Smith supported the wording in the ordinance as submitted, indicating it reflected case law on this subject. Mr. Maurer noted that case law is not necessarily interested in the execution of the Constitution or First Amendment - it neither supports it nor attacks it. The fact that this omission occurred may be a symptom of three centuries of outrageous treatment of the American Indian by this country. Therefore, there is need in this listing to have the term pow wow included INTRODUCTION/PUBLIC HEARING -RESOLUTIONS Resolution 44-09 Amending the Amounts and Rates as Determined by the Budget Commission and Authorizing the Necessary Tax Levies and Certifying Them to the County Auditor. Ms. Salay introduced the resolution. RECORD OF PROCEEDINGS Minutes of September 21, 2009 Dublin City Council Meeti_n` Page 4 Ms. Grigsby stated that adoption of this resolution is required by the Ohio Revised Code. Each year, the Franklin County Budget Commission establishes the amount of property taxes to be received from the City's inside and outside millage. The inside millage for Dublin is 1.75 mills, which generates approximately $3.5 million each year. The outside millage for Dublin relates to the 1976 police operating levy. In 2000, the City reallocated 100 percent of the property taxes generated from the inside millage for years 2000 through 2006 to the Parkland Acquisition Fund. In 2007, that was adjusted to allocate .80 mills to the Capital Improvements Fund, with the remaining .95 to the Parkland Acquisition Fund. As part of this year's Capital Improvement Program review, staff recommended a reallocation of the inside millage to increase the amount allocated to the Capital Improvements Tax Fund to 1.4 mills. Because the adjustment was made after the passage of the tax budget, there is a need to amend the resolution sent to the City by the county. This resolution must be adopted and filed prior to October 1. Staff is recommending passage of Resolution 44-09 at this time. Mr. Keenan noted that the allocation of inside millage in the resolution is not reflective of what staff has reported. Ms. Grigsby reviewed the document and responded that the resolution will be corrected to reflect the capital improvements tax fund allocation at 1.4 mills and the parkland acquisition allocation at .35 mills. Ms. Salay asked Ms. Grigsby to provide clarification for the benefit of the residents regarding the inside millage and what would occur if the City did not collect all that is authorized. Ms. Grigsby responded that it is likely that if the City reduced the inside millage, another jurisdiction within a given taxing district could increase their inside millage. Any taxing district cannot exceed 10 mills of inside millage. The City of Dublin lies within six different taxing districts. If the City of Dublin reduced its inside millage, another entity, such as the county, township or Schools could increase their inside millage to collect those additional monies available. Vote on the Resolution (as corrected): Ms. Salay, yes; Mr. Lecklider, yes; Mr. Reiner, yes; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes; Vice Mayor Boring, yes; Mr. Gerber, yes. Resolution 45-09 Appointing Members to Boards and Commissions of the City of Dublin. Vice Mayor Boring introduced the resolution and moved appointment of the following individuals: John Hardt to the unexpired term of Flite Freimann on the Planning & Zoning Commission, and Dave Cecutti as the City representative to the Board of Leadership Dublin. Mr. Gerber seconded the motion. Vote on the motion: Vice Mayor Boring, yes; Mr. Keenan, yes; Ms. Salay, yes; Mr. Lecklider, yes; Mr. Gerber, yes; Mayor Chinnici-Zuercher, yes; Mr. Reiner, yes. Vice Mayor Boring thanked all of the citizens who submitted applications to volunteer for a board or commission. Resolution 46-09 Appointing Members to the Bicycle Advisory Task Force of the City of Dublin. Vice Mayor Boring introduced the resolution. She noted that over 47 citizens responded to the solicitation for applications. She encouraged all applicants to stay involved in this initiative as it unfolds in the coming months. She moved the appointment of the following individuals: John Reiner as Council representative; Glenn Aidt, Kurt Pottkotter, Brian Hagerty, and Warren Fishman as Dublin resident representatives; Alex Lacey and Max Pyles as Dublin teen resident representatives; Colleen White, Cardinal Health and Mike Teets, OCLC as corporate resident representatives; Rick Weininger as Dublin City Schools representative; Juana Sandoval as Mid-Ohio Regional Planning Commission representative; Jeff Stephens RECORD OF PROCEEDINGS Minutes cif _ Dublin City Council Meeti,na_ September 21, 2009 Page 5 as the Consider Biking representative; and Tom Merritt, member and Chair and Michael Stovsky, member and Vice Chair. Mr. Gerber seconded the motion. Vote on the motion: Mr. Lecklider, yes; Vice Mayor Boring, yes; Ms. Salay, yes; Mr. Reiner, yes; Mr. Gerber, yes; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes. Mayor Chinnici-Zuercher encouraged all of the candidates to stay involved in volunteering in the community, and to consider applying for positions on boards and commissions, which will become available in 2010. Resolution 47-09 Amending Section 4.01 (Council Meetings) of the Council Rules of Order. Vice Mayor Boring introduced the resolution. Mr. Smith stated that this legislation is brought forward in response to Council's desire to change their regular meeting schedule in 2010 from the first and third Mondays to the second and fourth Mondays. This is a housekeeping matter and will provide flexibility in the Rules of Order to accommodate such changes going forward. Vote on the Resolution: Mayor Chinnici-Zuercher, yes; Vice Mayor Boring, yes; Mr. Reiner, yes; Mr. Lecklider, yes; Mr. Gerber, yes; Mr. Keenan, yes; Ms. Salay, yes. Resolution 48-09 Intent to Appropriate a 0.830 Acres, More or Less, Sanitary Sewer Easement and a Combined 0.831 Acres, More or Less, Temporary Construction Easement from Pewamo, Ltd., Said Acreage Located on the South Side of S.R. 161 and the East Side of Cosgray Road, Just West of Industrial Parkway and U.S. 33, City of Dublin, Counties of Franklin and Union, State of Ohio. Mr. Lecklider introduced the resolution. Mr. Smith stated that this provides notification of the City's intent to appropriate this sanitary sewer easement and temporary construction easement from Mr. Clagg, who is the owner of Pewamo, Ltd. that has title to the subject property. Legal staff will bring forward legislation at the next meeting to amend the pending case in Franklin County Common Pleas Court. This sewer easement is needed in follow-up to the Permit to Install granted to the City of Dublin. Staff is in discussions with Mr. Clagg to obtain a right of entry in order to move forward with the sewer project. He recommended that Council approve Resolution 48-09 at this time. Vote on the Resolution: Mayor Chinnici-Zuercher, yes; Mr. Gerber, yes; Mr. Keenan, yes; Vice Mayor Boring, yes; Mr. Reiner, yes; Mr. Lecklider, yes; Ms. Salay, yes. STAFF COMMENTS There were no staff comments. COUNCIL COMMITTEE REPORTS/COUNCIL ROUNDTABLE Ms. Salay: 1. Passed along the Dublin Arts Council's thanks for the City's waiver of the fees for the events held over the weekend. The weather was perfect, the dance performances were beautiful, and the event was well attended. She complimented the DAC for providing this additional type of art for the community to enjoy. 2. Noted in response to a question about Titration 3 that the exhibit will be on the grounds of the Dublin Arts Council. The concrete pads are currently being installed. She believes the exhibit will be very exciting, based on the photos. Mr. Lecklider asked that Mr. McDaniel respond to some questions about natural gas aggregation. A number of people have contacted him in follow-up to the articles in the newspaper regarding the decrease in natural gas prices. Their questions include the status of the next agreement being negotiated by the consortium, the circumstances under which someone can opt out; whether there is a penalty for opting out; when RECORD OF PROCEEDINGS Minutes of _ Dublin City Council Meeting DAYTON LEGAL BLANK. INC 'Cft`~1 PJO tni48 September 21, 2009 Page 6 Held 20 notices will be sent about the new contract rate for natural gas; and timing of opting out, should one choose to do so. Mr. McDaniel responded that the consortium (Central Ohio Public Energy Council) meets on a bi-monthly basis. Over the past year, the consortium has been buying partial "slips" of gas. As gas prices have decreased, partial purchases have been made. They will meet soon regarding the purchase of the final third at the bottom level rate. This will provide a blended rate going forward. The notifications to residents will be sent in the November timeframe. Residents can opt in or out in early December, as the new rate will go into effect January 1, 2010. Mr. Lecklider asked if there is a penalty for opting out as exists in some communities. Mr. McDaniel responded there is not a penalty to opt out at the beginning of the year with the new purchase price. The provider does have the right to impose a penalty for opting out at other times in the year, but this has not been their regular practice. Residents who want to opt out are encouraged to contact IGS, the City's provider, and IGS has allowed them to opt out at no charge. Mr. Lecklider asked about the average price of the "slips" of gas purchased up to this point. Mr. McDaniel responded that he estimates $.85 per ccf. Currently, the City's aggregation rate is approximately $1.13. He is hopeful of locking in a rate lower than $.85 per ccf. Mr. Lecklider stated that, assuming the consortium can purchase the last one third at a price of less than $.65 per ccf, the estimated overall rate would be less than $.85 per ccf. Mr. McDaniel stated that seems to be in the right vicinity. Mr. Reiner reminded everyone of the community health fair being held on Sunday, October 4 from 1-5 p.m. at the DCRC. This is a great opportunity for all citizens to access free screenings, nutrition information, and health information. It is part of the City's continuing efforts to create health awareness for the citizens. Vice Mayor Boring noted that Council previously requested that staff provide the statistics of all Dublin soccer team participants in terms of non-Dublin and Dublin residents. Mr. Foegler responded that staff will provide that information for the next meeting. Mayor Chinnici-Zuercher reported: 1. On September 10, she and Ms. Nardecchia participated in the Cities of Service initiative, which was held in New York City. They were proud that Dublin is one of the founding members of the initiative. The purpose is to engage more residents and corporate citizens in volunteering in the community. She had previously asked Council approval for Ms. Nardecchia to work on this project. Today, Ms. Nardecchia held a meeting with a group of residents and has another scheduled in a couple of weeks with the not-for-profit organizations in Dublin to discuss the needs for volunteers in community. Ms. Nardecchia will present a recommended plan to Council in October about how to engage more citizens and build the capacity of the agencies within the City. 2. Another initiative, "The Extra Mile" is underway across the United States. Shawn Anderson is biking across the country recognizing those who have gone the "extra mile" in volunteering in their community. He recently stopped in Columbus, and partnered with organizations including FirstLink. He recognized and acknowledged volunteers in the Columbus community who were selected by his organization. He is requesting that cities proclaim November 1 as "Extra Mile Day" in their communities to give recognition to community volunteers. She has asked the Clerk to prepare such a proclamation for presentation in an October meeting. 3. She recently participated in an Ohio National Guard refueling flight. They traveled to Michigan, where six planes were refueled. It was an exciting experience, and she can recommend others who are interested inr such participation in the future. RECORD OF PROCEEDINGS Minutes of Dublin City Council _ Meeting _ September 21, 2009 _ Page 7 ADJOURNMENT TO EXECUTIVE SESSION Mayor Chinnici-Zuercher moved to adjourn to executive session at 7:47 p.m. for discussion of legal matters (to confer with an attorney for the public body concerning disputes involving the public body that are the subject of pending or imminent court action), land acquisition matters (to consider the purchase of property for public purposes), and personnel matters (to consider the appointment, employment, dismissal, discipline, promotion, demotion, or compensation of a public employee or official) Mr. Gerber seconded the motion. Vote on the motion: Vice Mayor Boring, yes; Mr. Reiner, yes; Mr. Lecklider, yes; Mr. Gerber, yes; Mr. Keenan, yes; Ms. Salay, yes; Mayor Chinnici-Zuercher, yes. meeting was reconvened at 9:30 p.m. and formally adjourned. Mayor -Presiding Officer Clerk of Council