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HomeMy WebLinkAbout04/07/2003RECORD OF PROCEEDINGS --minutes-of Cu blitn_City Council ,0,48 iVl &eti April 7, 2003 Held 20 Mayor McCash called the Dublin City Council meeting of Monday, April 7 to order at 7:00 p.m. in Council Chambers at the Dublin Municipal Building. Ms. Chinnici - Zuercher led the Pledge of Allegiance. Roll Call Council members present were: Mayor McCash, Vice Mayor Boring, Ms. Chinnici- ((( Zuercher, Mr. Kranstuber, Mr. Lecklider, and Ms. Salay. Mr. Reiner was absent (excused). Staff members present were: Ms. Brautigaum, Ms. Grigsby, Mr. Smith, Mr. McDaniel, Mr. Ciarochi, Chief Epperson, Mr. Harding, Mr. Hammersmith, Mr. Stevens, Mr. Husenitza, Ms. Heal, Ms. Crandall, Mr. Gunderman, Mr. Price, Mr. Hahn, Ms. Puskarcik, Ms. Kennedy, Ms. Hoyle and Ms. Karagory. Approval of Minutes of March 17, 2003 Regular Meeting Ms. Salay moved approval of the minutes. Ms. Chinnici - Zuercher seconded the motion. Vote on the motion: Mr. Kranstuber, yes; Mr. Lecklider, yes; Ms. Salay, yes; Ms. Chinnici- Zuercher, yes; Mayor McCash, yes; Mrs. Boring, yes. Correspondence The Clerk reported that no correspondence requiring action was sent to Council. SPECIAL RECOGNITION /PROCLAMATIONS Chef Hartmut Handke, Handke's Cuisine Mayor McCash presented a proclamation to Dublin resident Chef Handke in recognition of his recent achievements at the International Bocuse d'Or in Lyon, France in January of 2003. Chef Handke thanked Council Members for this special recognition and presented them with a commemorative plate from the competition. Earth Week 2003 Mayor McCash read a proclamation for Earth Week, outlining a variety of activities the City has scheduled in observance of Earth Week. He then presented it to Mr. McDaniel. Service Flaa in Support of Citv Emplovees Servino in the Armed Forces Mayor McCash read a proclamation recognizing City employees who are serving in the armed forces, and calling for display of the Service Flag at all municipal buildings to honor those serving in the armed forces. Ms. Brautigam stated that three City employees are currently serving in the armed forces — Art Crawford of Streets & Utilities, and Rodney Barnes and Chuck Rudy of the Police division. She thanked Mayor McCash for initiating this program. Mr. McDaniel added that the flags are expected to arrive in the next week. CITIZEN COMMENTS Wallace Maurer, 7451 Dublin Road commented in regard to the Balbir Kindra firing: 1) In reviewing the file, he found a sample script recommended for use in a meeting with Mr. Kindra on June 3` He is interested in knowing what explanation was given to Mr. Kindra about the specific issue referenced in the script. 2) For what length of time has each Council Member and staff member ever spoken with Mr. Kindra? Personally, he has met and spoken with Mr. Kindra on many occasions in relation to items such as the Dublin Road bikepath. 3) In addition, since June 3, he has spoken with Mr. Kindra following each visit to Council to inform Mr. Kindra of what transpired. 4) Mr. Maurer noted that he has never discussed with Mr. Kindra what he plans to do next. 5) It occurs to him that perhaps Mr. Kindra should have been present during the occasions he has spoken about these issues to Council. LEGISLATION SECOND READING /PUBLIC HEARING — ORDINANCES Ordinance 140 -02 Providing for a Change in Zoning for 10.529 Acres Located at the Northwest Corner of Parkcenter Circle and Paul Blazer Parkway from: PCD, Planned Commerce RECORD OF PROCEEDINGS Nhaufcs of Dublin City Council _Mee April 7, 2003 Page 2 Held District to: PCD, Planned Commerce District (Case No. 02 -131Z Creating Tuttle Crossing Subarea A5 - BMW Financial Services -5515 Parkcenter Circle). Mr. Gunderman stated that this rezoning provides for a text change in relation to signage. He asked if Council would like a presentation at this time. They are familiar with the details of this case. There was no testimony offered by the applicant. It was the consensus of Council to proceed with the vote. Vote on the Ordinance: Mr. Kranstuber, yes; Mrs. Boring, yes; Ms. Chinnici - Zuercher, yes; Ms. Salay, yes; Mayor McCash, yes; Mr. Lecklider, yes. Ordinance 31 -03 Adopting a Standard Code, Pursuant to Section 737.37 of the Ohio Revised Code, Known as the International Fire Code/2000 Pertaining to Fire, Fire Hazards, and Fire Prevention as Prepared and Promulgated by the International Code Council (ICC), a Public or Private Organization Publishing a Model or Standard Code, and Repealing the Ordinance of the Existing Fire Code. Ms. Brautigam stated that there have been no changes since the first reading. Captain Perkins, Washington Township Fire Department and Bob Price, Building Division are present to respond to questions. Vote on the Ordinance: Ms. Salay, yes; Mr. Lecklider, yes; Mr. Kranstuber, yes; Mayor McCash, yes; Mrs. Boring, yes; Chinnici - Zuercher, yes. Ordinance 33 -03 An Ordinance Waiving Competitive Bidding Requirements, Pursuant to Section 8.04 ( "Contracting Procedures "), Paragraph C ( "Waiver of Competitive Bidding ") for Alcoholic Beverages for the Dublin Irish Festival. Vote on the Ordinance: Mrs. Boring, yes; Mr. Kranstuber, yes; Ms. Salay, yes; Ms. Chinnici - Zuercher, yes; Mr. Lecklider, yes; Mayor McCash, yes. Ordinance 40 -03 Accepting the Lowest/Best Bid for the 2003 Street Maintenance Program, and Declaring an Emergency. Ms. Brautigam stated that staff is requesting emergency action in order to move forward with the street maintenance program immediately. Ms. Chinnici - Zuercher moved for emergency passage. Ms. Salay seconded the motion. Vote on the motion: Ms. Chinnici - Zuercher, yes; Mr. Kranstuber, yes; Ms. Salay, yes; Mayor McCash, yes; Mrs. Boring, yes; Mr. Lecklider, yes. Vote on the Ordinance: Mr. Lecklider, yes; Ms. Chinnici - Zuercher, yes; Ms. Salay, yes; Mrs. Boring, yes; Mayor McCash, yes; Mr. Kranstuber, yes. INTRODUCTION /FIRST READING — ORDINANCES Ordinance 41 -03 Accepting the Lowest/Best Bid for the Woerner - Temple Community Pool Project. Ms. Salay introduced the ordinance. Ms. Brautigam stated that staff is recommending the low bid submitted by the Gutnecht Construction Company. The City has worked with this company previously and has had satisfactory performance. Mr. Kranstuber asked for details of bid alternate 1. Mr. Hahn responded that included on the specifications was a small restroom to be accessed from the park side of the fence to serve future park development. This is similar to what was done at the Earlington Pool with restrooms that could be entered from the outside. Mr. Lecklider asked what was budgeted for the pool construction. Mr. Hahn responded that the total pool budget of $5 million also includes furnishings. This bid represents the construction phase of the pool. There will be other expenditures, i.e., concession equipment, lane markers, lawn chairs, etc. The bid does include the slides and pool equipment as shown to Council on the renderings. It is anticipated that the total expenditures for the pool project will actually be substantially less than $5 million. Ms. Chinnici - Zuercher asked for clarification. Does the budget include items such as design and architectural fees? Mr. Hahn stated that the $5 million budgeted was for construction — it does not include design fees. RECORD OF PROCEEDINGS ut of Dublin City Co uncil Meetinh April 7, 2003 Page 3 za_____ DAYTON LEGAL BLANK INC., FORM NO 10148 Held Ms. Chin nici-Zuercher stated that it would be helpful to have a complete tabulation after the project is completed including the various components of the project, such as design and related expenses. Mr. Hahn agreed to provide this. Ms. Salay asked if a contractor has been identified for the diving board portion. Mr. Hahn stated that Patterson Pools has been named as a subcontractor and they have previously built such a diving platform. It will be handled as a design build element, and an allowance was included for the diving platform. There will be a second reading /public hearing at the April 21 Council meeting. Ordinance 42 -03 Amending the Organizational Structure of the City of Dublin and Adopting a New City of Dublin Organizational Chart. Ms. Salay introduced the ordinance. Ms. Brautigam stated that this ordinance effects changes to the City's organizational chart. Most reflect changes that have evolved over time. The packet report describes the substantive changes in the chart. 1) The proposal is that the three Assistant City Managers will have the title of "Deputy City Manager," indicating their clear second in command role. The Acting City Manager designation will be rotated among these three individuals — Directors of Finance, Service and Development. 2) The Management Assistant position in the Office of the City Manager has evolved to be more of an Assistant City Manager. The person in this position needs to have additional job duties and growth, and this proposal essentially eliminates the Management Assistant position. The incumbent will become Assistant City Manager and will oversee the Information Technology and Court divisions, as well as special projects and volunteer services. 3) A benefit of the proposed reorganization is to reduce the number of direct reports to the City Manager. The Department of Administrative Services will be eliminated, and the Human Resources and Community Relations divisions will report directly to the City Manager. 4) The Division of Economic Development would be moved from the Department of Development to the Department of Finance. This will convey a clear message to corporate citizens that the City wants them to comply fully with all of the zoning codes. Having the economic development function separate from the Development Department will help to emphasize this. 5) A new Division of Fiscal Administration will be created, and the procurement function will be relocated from the Human Resources Division. The procurement function is more appropriately located within the Finance Department. 6) In general, the organizational chart has been updated to more accurately reflect the various functions handled across the organization. There will be a second reading /public hearing at the April 21 Council meeting. Ordinance 43 -03 Amending Certain Sections of Ordinance 98 -96 ( "Compensation Plan "), Authorizing the Creation of a New Position (Assistant Director of Streets & Utilities), and Amending the 2003 Annual Appropriations. Ms. Salay introduced the ordinance. Ms. Brautigam stated that this is a companion ordinance to Ordinance 42 -03 and includes changes in job classifications. 1) There will be no change in classification for the Deputy City Managers; this ordinance simply places the new titles within the compensation plan. 2) The Management Assistant position is eliminated, the Assistant City Manager position added, and the pay grade revised from a Grade 9 to a Grade 11. This determination was made upon the recommendation of the Director of Human Resources. There will be no budget impacts due to the overlap of salary range between grades 9 and 11. 3) A new position has been created — Assistant Director of Streets & Utilities in the Department of Service. This is graded at Pay Grade 10. The ordinance therefore includes additional appropriations of $55,000 to the Department of Service for this change. RECORD OF PROCEEDINGS Dublin City Council._ April 7, 2003 Held 4) Meeti - Page 4 Other appropriations are related to changes in the locations of various positions. The only true change in the budget relates to the Assistant Director of Streets & Utilities and adds $55,000 to the operating budget. Ms. Chinnici - Zuercher asked for confirmation, that the only additional appropriation required in the current fiscal year is the $55,000 related to the Service Department. There are no budget implications for the remainder of the changes proposed. Ms. Brautigam confirmed this. Mrs. Boring asked if new job descriptions /job requirements would be drafted for the new positions. Ms. Brautigam responded affirmatively. There will be a second reading /public hearing at the April 21 Council meeting. Ordinance 44 -03 Amending Ordinance No. 57 -94, Passed June 20, 1994, as Amended by Ordinance No. 62 -94, Passed June 27, 1994, to Supplement the Public Improvements To Be Made to Benefit the Parcels Identified in that Ordinance and Provide for Payment of a Portion of the Service Payments Received to the Dublin City School District Ms. Salay introduced the ordinance. Ms. Grigsby stated that this amends the existing legislation that established the "McKitrick TIF" district — the location of Verizon and Cardinal Health. The TIF was originally established to pay for the construction of Emerald Parkway. This modification will provide that, once the City has been reimbursed for the payments on Emerald Parkway I and 2, the City can convert the straight TIF to a non - school TIF and those dollars can then be used for Emerald Parkway on the east side of Riverside Drive. It is also anticipated that when development does occur in the area currently undeveloped and identified as commercial, a TIF district would be set up to help fund the roadway project. It will be an expensive roadway project and a new TIF would not be able to fund 100 percent of that project. This will allow the City to begin reserving some funds for this roadway project. She added that, based on discussion with bond counsel, amendments will be proposed to the ordinance prior to the second reading to clarify some of the issues on the service payments as they relate to Phase 1 and 2 of the existing TIF. There will be a second reading /public hearing at the April 21 Council meeting. Ordinance 45 -03 Establishing the Estimated Average Per Acre Value of Land for Park Fees in Lieu of Land Dedication, as Required Pursuant to Section 152.086(C)(6), and to Amend Said Section. Mr. Lecklider introduced the ordinance. Ms. Brautigam stated that the subdivision regulations require that the value of raw land in the City be reviewed on a regular basis in order to determine its value in a case where the City accepts cash in lieu of land dedication. The appraisal indicates that the updated value per acre is $39,500, a $1,000 increase over two years ago. There will be a second reading /public hearing at the April 21 Council meeting. INTRODUCTION /PUBLIC HEARING - RESOLUTIONS Resolution 14 -03 Appointing Members to the Various Boards and Commissions. Ms. Salay introduced the resolution. Mr. Kranstuber, Administrative Committee chair noted that the resolution accurately reflects the recommendations for appointments. Vote on the Resolution: Mr. Lecklider, yes; Mr. Kranstuber, yes; Ms. Chinnici - Zuercher, yes; Mrs. Boring, yes; Ms. Salay, yes; Mayor McCash, yes. Resolution 15 -03 Authorizing the City Manager to Enter into an Agreement with the Union County Engineer for the Purpose of Improving the Post Road /Industrial Parkway /Eiterman Road Intersection. Ms. Salay introduced the resolution. Ms. Brautigam stated that the City was approached by the Union County Engineer requesting Dublin's participation at a level of $75,000 for design costs for this intersection. RECORD OF PROCEEDINGS Mi nute s of - -- DAYTON LEGAL BLANK, INC. FORM NO 11, 1.:e Held Dublin City Council April 7, 2003 Page 5 20 Meetin The plan is that Union County and ODOT will pay the construction costs for the project. The resolution authorizes the City Manager to enter into an Agreement with the Union County Engineer to effect this. Ms. Chinnici - Zuercher stated that the materials indicate that Union County's commitment of funding for construction is $50,000. Why would Dublin provide more funding than would Union County? Mr. Hammersmith stated that Union County is using a portion of their funds available from the Ohio Department of Development for this intersection. Had that not been the case, Union County would have had to pay more from county funds than $50,000. Ms. Chinnici - Zuercher stated that it would make more sense for the City and Union County to each pay $62,500 versus Dublin paying more. Mr. Hammersmith stated that the other factor is that 25 percent of the intersection is located in the City of Dublin and there is no contribution requested for construction costs. Mayor McCash asked if Jerome Township is funding any portion of this intersection construction. Mr. Hammersmith responded that they are not, as Industrial Parkway is a county and not a township road. Mrs. Boring asked how much influence Dublin will have on the aesthetics. Mr. Hammersmith responded that the cost estimate is based on it being a typical Dublin design, including mast arms. There will not be bikepaths or sidewalks in this location. Staff has a good working relationship with the Union County Engineer and it will be a partnership effort. A consultant will be retained for the design work. Mrs. Boring asked if Council would have involvement in the design phase. Mr. Hammersmith responded that this could be done if Council desires. Mayor McCash added that Council has typically suggested that such plans be placed in the Council Planning room for review by Council Members. Mr. Lecklider asked whether, in conjunction with this project, consideration can be given to eastbound traffic and the rate at which the traffic flows, and if there is any ability to consider slowing that traffic, particularly at the Cosgray Road intersection. Mr. Hammersmith stated that this could be evaluated as part of the project, but the focus is with the intersection itself. The traffic flow and speed issue is a topic for discussion with ODOT District 6, and there has been some discussion of the Cosgray /S.R. 161 intersection with them. Vote on the Resolution: Ms. Salay, yes; Mr. Lecklider, yes; Mr. Kranstuber, yes; Ms. Chinnici - Zuercher, yes; Mayor McCash, yes; Mrs. Boring, yes. Resolution 16 -03 Adopting the City of Dublin's Goals for 2003 -2004, a Statement of Community Attributes and a Statement of Ongoing City Goals. Mr. Lecklider introduced the resolution. Ms. Brautigam stated that staff has prepared a report, previously distributed to Council, in follow -up to the March goal setting retreat. The resolution also includes the attributes discussed at goal setting, as well as a listing of the ongoing goals from previous years. Staff is recommending adoption. Ms. Chinnici - Zuercher noted that, historically, the term "town center" has been used in reference to Historic Dublin. In the resolution, the term town center refers to the aggregate of the park, community center, and city facilities. She suggested using the term "civic center" on page 3. Ms. Chin nici-Zuercher moved to amend the resolution to substitute the word "civic center" for "town center." Mr. Kranstuber seconded the motion. Vote on the motion: Mrs. Boring, yes; Mayor McCash, yes; Ms. Salay, yes; Mr. Kranstuber, yes; Ms. Chinnici - Zuercher, yes; Mr. Lecklider, yes. Vote on the Resolution: Mr. Kranstuber, yes; Ms. Chinnici - Zuercher, yes; Mr. Lecklider, yes; Mrs. Boring, yes; Mayor McCash, yes; Ms. Salay, yes. Resolution 17 -03 Designating the City Manager as the City's Authorized Agent to Apply For and Accept a Grant from the Public Assistance Grant Program under the Federal Emergency Management Agency (FEMA). Mr. Lecklider introduced the resolution. RECORD OF PROCEEDINGS Minutes o - _ Dublin City Council lWetin DAYTON LEGAL BLANK INC., FORM NO. 10148 April 7, 2003 Page 6 Held 20 Ms. Brautigam stated that the costs related to snow removal for the weekend of February 16 -17 was $40,000 and federal grant monies are available to help with these costs. The City may be eligible to receive approximately $30,000, based on the grant criteria. Ms. Grigsby stated that eligible expenses to be submitted to FEMA include wages, benefits, salt, fuel, vehicle usage cost — and these will be compiled for submission. The grant provides for 75 percent reimbursement. Vote on the Resolution: Mr. Kranstuber, yes; Ms. Chinnici - Zuercher, yes; Mrs. Boring, yes; Mr. Lecklider, yes; Ms. Salay, yes; Mayor McCash, yes. Mayor McCash moved to waive the Rules of Order to have the clerk read the property owners' names and locations into the record, and to introduce Resolutions 18 -03 through 21 -03. Mrs. Boring seconded the motion. Vote on the motion: Mrs. Boring, yes; Mayor McCash, yes; Mr. Kranstuber, yes; Mr. Lecklider, yes; Ms. Salay, yes; Ms. Chinnici - Zuercher, yes. Resolution 18 -03 Intent to Appropriate a 0.503 Acre, More or Less, Fee Simple Interest, and a 0.186 Acre, More or Less, Temporary Construction Easement, from Lisa M. Johnson and Carolyn M. Quinn, Located South of Rings Road and West of Wilcox Road, City of Dublin, County of Franklin, State of Ohio, and Declaring an Emergency. (Southwest Traffic Calming — Phase 4) Resolution 19 -03 Intent to Appropriate a 0.020 Acre, More or Less, Temporary Construction Easement, From Steven S. Martin, Located South of Rings Road, City of Dublin, County of Franklin, State of Ohio, and Declaring An Emergency. (Southwest Traffic Calming — Phase 4) Resolution 20 -03 Intent to Appropriate a 0.413 Acre, More or Less, Fee Simple Interest, a 0.032 Acre, More or Less, Permanent Drainage Easement and a 0.202 Acre, More or Less, Permanent Landscape Easement, From RR Partners, Located North of Rings Road, City of Dublin, County of Franklin, State of Ohio, and Declaring an Emergency. (Southwest Traffic Calming — Phase 4) Resolution 21 -03 Intent to Appropriate A 0.041 Acre, More or Less, Fee Simple Interest, a 0.036 Acre, More or Less, Permanent Landscape Easement and a 0.008 Acre, More or Less, Temporary Construction Easement, From Christopher J. Zigo And Cathy Zigo, Located North of Rings Road and West Of Wilcox Road, City of Dublin, County of Franklin, State of Ohio, and Declaring an Emergency. (Southwest Traffic Calming — Phase 4) Mr. Smith stated that these four resolutions allow temporary construction easements and secure right of way needed for the southwest traffic - calming project. Two other property owners have already reached agreement with the City for temporary construction easements and therefore legislation is not needed. This is the first step in the process which provides notice to the property owners of the City's need for easements on their properties, and is followed by appropriation ordinances filed with the Court. Discussions are ongoing with the property owners. Brief discussion followed about the status. Carolyn Quinn, 5851 Rings Road stated that the appraiser met with her last week and gave her a different indication of the amounts of land needed. Mr. Smith stated that tonight's action merely provides formal notice of the project and necessary easements and right -of -way. In view of the clarification requested, as indicated by the property owner, he suggested that Council remove this resolution from consideration. Mr. Kranstuber moved to remove Resolution 18 -03 from the agenda. Ms. Chinnici - Zuercher seconded the motion. Vote on the motion: Mrs. Boring, yes; Mayor McCash, yes; Mr. Kranstuber, yes; Mr. Lecklider, yes; Ms. Salay, yes; Ms. Chinnici - Zuercher, yes. Mr. Lecklider noted that at one point, Council had some discussion regarding easements. He had hoped that in a case such as this, where the citizens petitioned for an improvement and only minor amounts of property are needed, that the property owner would donate the easements. He asked if other members have a similar recollection? RECORD OF PROCEEDINGS Min ute f Dublin City Council April 7, 2003 Page 7 Meeting Ms. Chinnici - Zuercher noted that in this case, there might be a difference in the easements needed versus the right -of -way needed. Mr. Smith stated that at the budget hearings, he suggested that easements be donated for projects that are citizen - driven. However, Council did not proceed to adopt such a policy. Mr. Lecklider clarified that in the case of a temporary construction easement, the property should be returned to its previous condition. But in the case of a small amount of permanent easement or right of way needed for a citizen - driven project, which will benefit properties in the area, he would hope that donations could be secured versus purchasing the easements. Mr. Smith stated that this type of direction is needed at the outset of the design phase of a citizen - driven project. This would be differentiated from City roadway projects. Mr. Ciarochi added that based on discussion at the budget meeting, staffs direction to the negotiator was to approach temporary and permanent landscape easement acquisitions with a suggestion the owner of donation. Where right -of -way acquisition is needed, there are due compensation issues as some of these are not insignificant amounts. Mr. Kranstuber added that regardless of the lack of a policy, citizens have donated easements in the past, such as the Herron family's donation for the bikepath. Vote on Resolutions 19 -03, 20 -03 and 21 -03: Ms. Salay, yes; Ms. Chinnici - Zuercher, yes; Mr. Lecklider, yes; Mr. Kranstuber, yes; Mayor McCash, yes; Mrs. Boring, yes. OTHER Requests for Waiver from Requirement for Water and /or Sewer Connection Ms. Brautigam stated that the packet contains a comprehensive report, prepared by Ms. Grigsby outlining each of the waiver requests. In addition, field investigations were done by staff. There are 16 properties that have not connected. Out of the 16 properties, two have not responded. Staff is requesting the authority to have the Law Director initiate legal actions in regard to these two. At the time the letters were sent out initially, there were three property owners who indicated they did not receive the letters, as the City did not have accurate addresses. New letters were sent with a modified timeframe for response. One of these responded and is present tonight requesting a waiver; the other two have time remaining in which to respond. One property owner already received a tap -in permit. At this point, there are 11 properties and 10 property owners who are making waiver requests. 1. Michael Riley, 6325 Dan Sherri Avenue (water connection) Ms. Brautigam stated that he did not tap -in by December 31, but is requesting tap -in at the rate that was offered to those who did so by December 31. Staff's recommendation is that he be allowed to tap -in at the lower rate, as the goal is for overall compliance. The letters sent to those in the Dan Sherri area did not clearly articulate that tap -in was required, and this is another basis for offering the reduced rate to Mr. Riley at this time. Staff would recommend that the tap fee be paid immediately and that he work with Engineering on the connection. Ms. Salay added that the people who live on Dan Sherri receive the Hilliard newspapers, and so they would not have been aware of the required connection via newspaper articles. Ms. Chinnici - Zuercher pointed out that they were present at the City meetings on these topics. Mr. Kranstuber moved to approve the staff recommendation of offering the reduced rate to Mr. Riley, said fee to be paid within 30 days. Ms. Chinnici - Zuercher seconded the motion. Vote on the motion: Ms. Salay, yes; Mr. Lecklider, yes; Ms. Chinnici - Zuercher, yes; Mayor McCash, no; Mrs. Boring, yes; Mr. Kranstuber, yes. 2. Lance Clarke, 4425 Hanna Hills Drive (water and sewer) Ms. Brautigam stated that he is requesting a waiver from the tap -in requirement for water and sewer for a period of five years. He installed new systems in the past couple of years, and at the time of public hearing on the project, Mr. Clarke felt that a 5 -year waiver would be reasonable. Staff is recommending a waiver for a period of five years from the tap -in requirement for water and sewer. However, in the event the property is sold within the 5 -year period, the RECORD OF PROCEEDINGS _ ]V,_l __ _ ___ Dublin City Council April 7, 2003 Meeting_ __ _ _ Page 8 Held 20 new owner would be required to tap in at the time of sale. The legal department out the mechanics of this requirement for recording at the county. Mrs. Boring stated that clarification is needed about the amount of tap fees that will be paid in five years — she would not want to offer a rollback to those who delay tap in for five years. Ms. Brautigam agreed. If waivers are allowed, the property owner should pay the rate in effect at the time they tap in at a future date. Ms. Chinnici - Zuercher asked for clarification. In Mr. Clarke's letter, he refers to a Council meeting when the Mayor made an exception for him — has this been verified in the minutes? Ms. Grigsby stated that the minutes were attached. That discussion did take place, but staff felt that the waiver was not approved; rather, direction was given to staff that when or if legislation was prepared, that the ability to request a waiver be included. Mr. Clarke apparently believed that a waiver was approved that night. Ms. Chinnici - Zuercher asked when the five -year period begins. Ms. Grigsby suggested that it begin immediately. Mayor McCash suggested an implementation date of January 1, 2003 versus a later time. That was the point at which tap -in was required per the letters. Ms. Chinnici - Zuercher asked what the policy would be for a waiver, in the case of a person who recently installed a system. Ms. Grigsby responded that staff had considered not only the fact they had installed a new system, but the distance to the line which would add costs to tapping in to the City lines. In general, for those who installed new systems in the past couple of years, staff is recommending granting waivers of five years. Lance Clarke, 4425 Hanna Hills Drive stated that he was never in agreement with the project from the outset. He does recognize that septic systems can be a bane on the environment. The resident who was most active in securing the lines received a permit waiver for her system. In terms of the water, he has never had any problems with his water system. His understanding was that connection to the water system was not to be required. Now he is hearing that connection is required, despite what he understood at that hearing. Ms. Grigsby responded that in April of 2001, legislation requiring connection to the water system was not in place. However, as part of the project to extend the water and sewer lines at City cost, staff was directed to prepare legislation requiring connection to the water system. Legislation was already in place requiring connection to the sewer system at the time service became available. Discussion followed about the investment the City made in the extensions of utilities for the health and safety reasons described to Council by residents, and the related need to require tap -in if the City were to fund the costs for the infrastructure. Mr. Clarke commented that he invested $10,000 for his septic system and pump. Is there any possibility of granting him the ability to pay the lower fee for the taps? The sewer connection alone will cost him $16,000, based on estimates he has received. Mrs. Boring noted that some subdivisions require payment of the tap -in fee at the time a lot is purchased. In addition, the lot owner pays a fee, billed quarterly, for maintenance of the line. Whether or not someone taps in, the City must maintain the lines. Mr. Kranstuber asked what the fees are estimated to be in five years. Ms. Grigsby stated that the current tap fee is $1,500 for water. A rate study is now underway. Ms. Chinn ici-Zuercher summarized that Mr. Clarke is requesting consideration of paying the current tap -in fee at this point and tapping into the system in five years. Mrs. Boring asked how difficult it would be to institute a maintenance fee as she has described. Ms. Grigsby stated that this would have to be evaluated. Currently, individuals are billed based on consumption of water. A mechanism for billing would need to be determined — RECORD OF PROCEEDINGS minu tes -of— _ - Dublin City Council __Meeting- DAYTON LEGAL BLANK INC. FORM NO. 1 0146 April 7, 2003 Page 9 Held 20 either by assessing the property taxes or direct billing by Dublin. City of Columbus billing is based on consumption. Mr. Kranstuber agreed that it would be difficult to collect and administer. Mr. Kranstuber moved to approve Mr. Clarke's request for a five -year waiver to the tap -in requirement for water and sewer until January 1, 2008; that if the property is sold prior to five years, the new property owner is required to connect immediately; that the fee be paid in 30 days, and if paid in 30 days, the rate is $176 for water and $100 for sewer. Ms. Chinnici - Zuercher seconded the motion. Mrs. Boring suggested that some interest costs be added to this on a yearly basis, or a certain percentage each year added up to five years. There are maintenance costs for the line and these costs should somehow be reflected in the rate they pay in the future. Ms. Grigsby stated that staffs recommendation would be that if the waiver is granted for a time period, the applicant pays the fee in effect at that time in the future. If an extension is given to pay within 30 days, and they don't pay within 30 days, the current rate should apply. Ms. Chinnici - Zuercher stated that, obviously, the rates will increase over the five -year period and they should pay the rate in effect at that future time. Mrs. Boring stated that in this case, however, and several others, the applicants do not plan to tap in for five years and will not help to pay for maintenance of the lines built at City expense. She is suggesting some kind of compromise fee level. Mayor McCash stated that he originally thought the motion was to allow payment of the current tap fee of $1,500 in exchange for granting of the five -year waiver. Upon clarification, however, the motion was for the applicant to pay the $176 tap fee offered through December 31, 2002. Mayor McCash called for further discussion. Ms. Chinnici - Zuercher agreed that the concept is interesting — that those requesting such waivers would have 30 days within which to pay the 2003 rate. If not paid within 30 days, they pay the rate in effect at the time they tap in within the next five years. Mr. Clarke stated that he had contacted the Engineering office prior to the December 31 deadline to ask if he could pay the tap fees prior to the December 31 deadline and tap in later. The response from Engineering was that if he paid the fees, he would then have to tap in. Mr. Kranstuber stated that if there is not support for his motion, he is willing to withdraw it. Mr. Lecklider stated that it is a struggle to be reasonable with the property owners while at the same time providing an incentive for them to tap in. Granting the rates that were in effect prior to January 1, 2003 seems weighted in the applicant's favor, as they are also receiving a five -year waiver. It is unfortunate that Mr. Clarke offered to pay the previous rate, but it is necessary to consider the bigger picture. There are many others requesting waivers. In general, he would favor offering an opportunity to them to pay today's tap -in rate, with the expectation that the tap -in fees will never decrease. This represents a benefit to the property owner. Mr. Kranstuber asked if his assumption is correct that the time waiver for connection is more important than the amount of the fee. Mr. Clarke agreed that the timing aspect is more important, although he did offer to pay the fees in December. Mrs. Boring asked for clarification about the surcharge. Ms. Grigsby responded that the last rate study assumed each user averages 1,100 cubic feet per month. Based on the current water rate, the average Dublin surcharge on water is $15 per quarter or $60 per year. For sewer, it is $27 per quarter or $180 per year. These are average costs. RECORD OF PROCEEDINGS Minutes-of— __Dublin City Council Meeting April 7, 2003 Page 10 ?0 Mayor McCash stated that residents had alerted the City to health and safety concerns with water, and the City was financially in a position to install the lines without property assessments. Those who testified described an immediate need for the water and sewer. From his standpoint, it is desirable to have property owners tap into the systems. At the same time, Council recognizes some financial hardships and so allowed for a waiver process. If waivers are granted for a time period due to particular circumstances, he believes Council should consider a policy that the property owner pay the current tap fees to the City of Dublin now — the timing of the waiver should be dealt with on a case by case basis. Mr. Lecklider clarified that he is proposing that the waiver be granted, but that the current tap fee be collected within the relatively near future. Mrs. Boring then proposed that if the applicant pays within 30 days they be given the lower tap fee plus a $1,000 surcharge. After 30 days, that offer expires. She clarified this would be $276 plus $1,000 for the five -year maintenance fee. By collecting the maintenance fee upfront, there would be no need to charge quarterly. Mayor McCash asked if the tap in fees essentially translate to maintenance costs. Ms. Grigsby clarified that the tap -in fees are capacity charges, which relate to the capacity of the system. The user fees, based on consumption, are used for the maintenance of the system. Mayor McCash asked for staffs opinion on this proposal. Ms. Brautigam stated that, in general, there are only a few properties involved and it would not be difficult to administer. Ms. Chinnici - Zuercher noted that her concern is with the way tonight's decision will impact future considerations. Instead of using the current fee structure, a precedent would be set and it could be referenced in the future. Mr. Kranstuber offered that each case is unique, and Council membership composition will change in the future as well. Mrs. Boring stated that Mr. Clarke did indicate he contacted staff prior to the deadline. Ms. Brautigam stated that while she sympathizes with those requesting waivers, other residents have requested the ability to pay the lower fee and not tap in. But this was not the direction given to staff. Council by ordinance directed tap -in by December 31, 2002 in order to obtain the lower fee. The compromise position of allowing them to pay the reduced fee without tapping in is not acceptable in terms of running a utility. The goal is to have people connected to the systems, not to pay the fees and then not tap in. For these reasons, staff did not allow this. Mr. Lecklider stated that under the circumstances, he would favor charging property owners the current tap -in fees. Given the fact that the City could require connection immediately, and the fact that the tap -in fees will increase, this seems to be a reasonable compromise. Ms. Salay agreed with Mr. Lecklider and Ms. Brautigam. The goal is to have everyone tap in. While she sympathizes with Mr. Clarke, he had agreed two years ago that a five -year waiver would be fair. It is fairer and less complicated to charge today's rates in conjunction with granting the waiver. Mr. Kranstuber withdrew his motion. Ms. Chinnici- Zuercher withdrew her second. Mr. Lecklider moved to adopt a policy of granting a waiver for a time period of five years, that period of time commencing on January 1, 2003, provided that the owner pays the current tap -in fees. Ms. Chinnici - Zuercher seconded the motion. Mayor McCash suggested an amendment that a five -year waiver of tapping into the water and sewer system is granted; that if the property is sold, connection is then required; and that the waiver is conditioned upon the property owner paying the current rate for water RECORD OF PROCEEDINGS RM ND. 10148 April 7, 2003 Page 11 20 and sewer tap -in fees for Dublin before the end of 2003. In terms of a future property sale, some type of legal instrument should be recorded to reflect this. Ms. Salay asked if a resident pays the tap fees and the property were then sold, would they be credited to the new property owner? Mayor McCash stated yes, adding that they would still have to pay the current Columbus fee for tap -in. As a condition of the sale of the property, the purchaser must connect to water and sewer. The specifics should be worked out between them. Mayor McCash suggested that the language specify within 30 days after sale. Ms. Salay suggested 90 days to allow for weather conditions. Ms. Grigsby suggested establishing a six -month timeframe that should allow for any weather related problems. Ms. Grigsby's proposal was acceptable to Council. Discussion followed. Mayor McCash clarified that the amended motion is that conditioned upon an applicant paying the current Dublin tap -in and capacity fees ($2,700) by December 31, 2003, an applicant is granted a waiver of the tap -in requirements for five years beginning January 1, 2003. If the property is sold, the property owner must tap in within 6 months of the date of the sale. Mrs. Boring clarified that the waiver will be revoked if the fees are not paid by the end of 2003, and at the end of five years, there will be no additional Dublin tap -in fees imposed on the property owner. Mr. Lecklider accepted the amendment. Ms. Chinnici - Zuercher seconded the motion. Vote on the motion: Ms. Salay, yes; Mr. Lecklider, yes; Ms. Chinnici - Zuercher, yes; Mayor McCash, yes; Mr. Kranstuber, yes; Mrs. Boring, yes. 3. Richard Taylor, 4500 Bellaire Avenue (water) Ms. Brautigam stated that Mr. Taylor is requesting a waiver from connection to the water system based upon the cost and the difficulty of installing the service line. Staff investigated this request and found that it will require placement of 150 feet of line in the ground. Staff believes there really is no practical difficulty of installing that line. The limestone sub base is well below the area where the line would need to be located. Based on this, staff is recommending that Council deny the waiver. Ms. Chinnici - Zuercher stated that her recollection is substantially different than what was indicated in the second page of Mr. Taylor's letter. His letter indicates that the City officials assured the homeowners they could hook up to the systems in their own time. This is completely contrary to any of the discussions with Council about this project. From the outset, a core component of the discussion of the City paying for the main lines was requiring tap -in. Richard Taylor, 4500 Bellaire Avenue stated that: 1. He did receive a letter in 2001 indicating that there was an opportunity to ask for a waiver based on financial hardship. He did not do so because until that time, they were under the impression that there would not be a requirement to tap in. He noted that he fully intends to tap in and wants to have City water. 2. There are a number of issues outlined in his letter requesting the waiver. The primary issue was financial hardship — he cannot absorb the cost at this time. 3. This began as an annexation effort and they were asked to join in the annexation to the City of Dublin from Washington Township. They had appointed a neighborhood representative who attended Council and Council committee meetings. As late as February 7, 2000, one Council Member no longer serving said that required water tap -in was not an issue for him, but he asked the City to require a sewer tap -in. Another member indicated that the City has the funds to pay for the project and it does not matter who taps in at this point — eventually people will tap in as their systems fail. This member further suggested the City charge a maintenance fee for anyone with a main line along his or her property and who does not tap in. He agreed to the annexation, assuming that tap -in to water would not be required. 4. The soil borings that the City's contractor performed were done at the high point on the street and not on the Taylor property. He has evidence to the Dublin Citv Council Meeting-- RECORD OF PROCEEDINGS Dublin City Council Meeting April 7, 2003 Page 12 Held 'Q contrary on where the water line would be on his property. The location is dictated by the location of existing leech beds and trees in his yard. 5. He has done seven soil borings along a line of 170 feet from the tap to his house. He encountered solid limestone at a maximum depth below grade of 34 inches in one spot and a minimum of 24 inches in one spot. 6. The leech field was replaced in 1998 before the property was annexed to the City. The entire bed was dug up and replaced, and the remaining excavation site is total limestone. 7. To summarize, it is not a simple matter of dropping in a water line, but rather one of excavating a long length. The estimates for excavation are $4,000. Including the fees, the costs of running the tap into the house will be $13,000. 8. He has requested a waiver until the well is no longer functioning. Mayor McCash asked why the line is looped on the property. Mr. Taylor responded that everything to the left of the driveway is heavily wooded and it is impossible to take a line through without destroying trees. The existing leech field precludes location of a water line there. Mr. Kranstuber summarized that he is requesting a five -year waiver. Mr. Taylor stated that he would accept this. Ms. Chinn ici-Zuercher stated that she is concerned with Mr. Taylor's description of all that is necessary for the line installation versus the staff assessment. They are diametrically different. Ms. Brautigam agreed, and suggested that staff review the site once again and obtain more information. Mr. Kranstuber asked if the applicant would object to postponing this consideration for a couple of weeks. Mr. Taylor responded that would be fine. Ms. Chinnici - Zuercher stated that the information must be reconciled. Mayor McCash noted that when the well was installed at the property in 1993, the $5,000 cost over 10 years was $500 per year. During that time, there was no water usage to be paid. At the same time, if he had tapped into the water system, he would have paid much more per year for water for a single - family house. From this standpoint, the cost of the well is somewhat of a "wash." Mr. Kranstuber moved to postpone this consideration until a future date, following staffs review. Ms. Chinnici - Zuercher seconded the motion. Vote on the motion: Mayor McCash, yes; Ms. Chinn ici - Zuercher, yes; Mr. Lecklider, yes; Ms. Salay, yes; Mrs. Boring, yes; Mr. Kranstuber, yes. 4. Jack D. Walters, 4400 Bellaire Avenue and 4434 Bellaire Avenue; Mitzi Walters, 7652 Dublin Road (waiver from water connection) Ms. Brautigam noted that these properties have similar issues to the Clarke property, and suggested further staff investigation. For the Mitzi Walters property, staff is recommending a three -year waiver due to the steepness and difficulty of the installation. For the other two properties, staff's recommendation was for no waiver — but staff is now requesting a postponement of these until the investigation is completed, similar to that of the Taylor property. Mrs. Boring noted that most of the properties on Bellaire did connect. Why is this property different from those who connected? Most have similar setbacks and topography. Is staff aware of what costs were incurred for connection of other similar properties? Ms. Grigsby responded that many of the properties on Bellaire Avenue have similar distances for connection. Some property owners did not choose to request a waiver, and in some cases, the decision was prompted by the condition of their well. It may have been more cost effective for them to proceed with connection than to replace a well. Ms. Chinnici - Zuercher noted that tonight's recommendations come as a result of the City staff contacting the homeowners versus the homeowner requesting a waiver during the 12 months they were given to do so. The issue is why some followed the policy and others Minutes. cif RECORD OF PROCEEDINGS Dublin City Council Meeting 16148 April 7, 2003 Page 13 20 chose not to. Council has approved many waivers for various reasons, but these residents chose not to request waivers. Ms. Grigsby agreed, noting that the staff recommendation was to have the Law Department initiate legal action against these property owners since they chose not to respond. Jack Walters noted that he acquired the property at 4400 Bellaire at the end of February 2003. The property was owned by a trust and the transfer took some time. He is requesting a one -year waiver for the water line connection. For the property at 4434 Bellaire, there is a rock problem similar to that of the Taylor residence. He requests that a decision on this waiver request be delayed until further investigation is completed. He disagrees with the Engineering assessment. In terms of his daughter's property at 7652 Dublin Road, there is a huge sinkhole on the front of the property. At one side of the sinkhole there is a drive back to the property. If she installs a waterline, it will not be on her property — it will be on the Taylor property. Physically, it is not possible to install a waterline in this location. Mrs. Boring moved to approve a one -year waiver for the water connection for the property at 4400 Bellaire Avenue, due to the recent acquisition of the property, such period commencing January 1, 2003 and expiring on December 31, 2003 under the same provisions as were extended to the previous owner. Ms. Chinnici - Zuercher seconded the motion. Vote on the motion: Mayor McCash, yes; Mr. Lecklider, yes; Ms. Salay, yes; Mrs. Boring, yes; Mr. Kranstuber, yes; Ms. Chinnici - Zuercher, yes. Mrs. Boring moved to postpone consideration of the waivers for 4434 Bellaire and 7652 Dublin Road pending further onsite review by staff. Ms. Chinnici - Zuercher seconded the motion. Vote on the motion: Mr. Lecklider, yes; Ms. Salay, yes; Ms. Chinnici - Zuercher, yes; Mr. Kranstuber, yes; Mrs. Boring, yes; Mayor McCash, yes. Mayor McCash requested that a site plan for the properties be provided when these waivers are brought back for consideration. 4. Jubeen F. Vaghefi, 7500 Bellaire Avenue (water) Ms. Brautigam stated that the length of the service line for this property is nearly twice that of the other property owners, and there would also be a cost for the addition of a meter pit. When staff reviewed this, they estimated the cost between $11- 13,000. This property owner did not purchase the property until April 2001 and was not involved in the petition process. Therefore, due to these factors and because Council has granted other waivers based on high costs to connect, staff recommends a five -year waiver under similar terms as that granted to Mr. Clarke. Mrs. Boring moved to grant the requested waiver of the requirement to tap -in to the water system for a period of five years, such period commencing January 1, 2003 and expiring December 31, 2007, conditioned upon the property owner paying the current City of Dublin tap -in fees ($1,500 for water) by December 31, 2003. Waiver will be revoked if the fees are not paid by December 31, 2003. Further, if the property is sold within the five - year period of waiver, connection is required no later than six months following the date of purchase of the property. Legal staff will prepare the appropriate legal instruments to be recorded with the Franklin County Recorder's office. Mr. Kranstuber seconded the motion. Mayor McCash asked if this property owner had installed a new pump and water system. Ms. Brautigam stated that his letter indicates that he had spent a few thousand dollars to replace the pump and water system at his well. He likely did not install an entirely new well, as others have done. Ms. Chinnici - Zuercher asked if this work was done after the purchase of his home. Ms. Grigsby responded that this is correct. Apparently, he was not aware of the requirement to tap -in, and it was less expensive to repair his system versus connecting to water. Ms. Salay noted that in the past few months, she recalls that a waiver was granted for a house that was set back from the road quite a distance. She would like information about that distance in order to be consistent in the granting of waivers. RECORD OF PROCEEDINGS Min of_ Dublin City Council Meeting LEGAL BLANK. INC.. FORM NO. 10149 T April 7, 2003 Page 14 Held 20. Ms. Grigsby responded that the shortest distance for which a waiver was granted was 160 feet, but that individual had other financial hardship issues. The majority of those given waivers were in excess of 200 feet. Mayor McCash asked about the distance for this property to connect. Ms. Salay stated that the information indicates 470 feet. 5. Tony R. Tedeschi, 7402 Riverside Drive (water) Ms. Brautigam stated that staff is recommending an outright waiver so long as he owns this property. This property is on the route to serve Hanna Hills, and this property owner and the next -door property were needed to bring the line to Hanna Hills. There is a financial and medical hardship for the family, and the cost of connection is in the range of $11,000. Ms. Chinnici - Zuercher moved to grant the waiver so long as he owns the property. If the property is sold, however, tap -in is required within six months after the sale of the property. Mrs. Boring seconded the motion. Vote on the motion: Mayor McCash, yes; Mr. Lecklider, yes; Ms. Salay, yes; Mrs. Boring, yes; Mr. Kranstuber, yes; Ms. Chinnici - Zuercher, yes. 6. William & Mary Laney, 7410 Riverside Drive (water) Ms. Brautigam stated that the situation is similar to the 7402 property, although they do not have medical hardship issues. They were asked to cooperate in the project in order to bring the line to Hanna Hills. Staffs recommendation is for an outright waiver so long as they own the property, with the condition that if the property is sold, that tap -in is required within six months. Mr. Kranstuber moved to grant the waiver so long as they own the property. If the property is sold, tap -in is required within six months after the sale of the property. Ms. Salay seconded the motion. Vote on the motion: Mayor McCash, yes; Ms. Chinnici - Zuercher, yes; Mr. Lecklider, yes; Mrs. Boring, yes; Mr. Kranstuber, yes; Ms. Salay, yes. 7. Jeffrey R. Jinkens, 4347 Manor Court East (water) Ms. Brautigam stated that the length of this line is 300 feet, and the cost of extension of the line is estimated at $7,700 to $9,200. Staff felt that the boring samples did not indicate a problem with the rock until 60 -72 inches. Due to the high cost, however, staff is recommending a waiver for a period of five years, under the same conditions as extended to Mr. Clarke. Mrs. Boring moved to grant the requested waiver of the requirement to tap -in to the water system for a period of five years, such period commencing January 1, 2003 and expiring December 31, 2007, conditioned upon the property owner paying the current City of Dublin tap -in fee ($1,500 for water) by December 31, 2003. Waiver will be revoked if the fees are not paid by December 31, 2003. Further, if the property is sold within the five - year period of waiver, connection is required no later than six months following the date of purchase of the property. Legal staff will prepare the appropriate legal instruments to be recorded with the Franklin County Recorder's office. Ms. Salay seconded the motion. Vote on the motion: Mrs. Boring, yes; Mr. Kranstuber, yes; Ms. Salay, yes; Mr. Lecklider, yes; Ms. Chinnici - Zuercher, yes; Mayor McCash, yes. 8. Steven Marcus, 6009 Avery Road (water) Ms. Brautigam stated that Mr. Marcus indicates they installed a new water treatment system in the last few years at a cost of $5,000. The City contemplates a road widening in this location in the near future. Therefore, staff believes a five -year waiver is warranted in this circumstance. The road will be widened within that five -year period, and at that time, Mr. Marcus can make an informed decision about whether to stay in the property or to sell the property. Staff is recommending that the five -year waiver be granted under the same terms as Mr. Clarke's waiver. Mayor McCash asked if right of way would be needed from Mr. Marcus. Ms. Brautigam responded affirmatively. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meetin {c, DAYTON LEGAL BLANK INC FORM NO 1C14B April 7, 2003 Page 15 Held 20 Ms. Chinnici - Zuercher stated that this waiver request is somewhat different due to the Avery Road widening in the future and the likelihood the property will be rezoned for commercial use. Ms. Brautigam stated that her interpretation of Council's policy would be that Mr. Marcus �i would pay the current residential tap -in rate, and if the zoning of the property were revised to commercial, the owner would then have to pay the incremental rate difference for that is level of service. Ms. Chinnici - Zuercher stated that in terms of consistency, this case begs the question that, if by the end of the year they have not paid and the Avery Road widening is underway, they could request from Council an extension of the waiver based upon the dialogue taking place at that time. This is a major road improvement and has the potential of gross encroachment upon this property. Ms. Brautigam stated that the five -year waiver effectively "buys time" until there is more certainty about what will happen in this location. Mayor McCash asked if the City paid for the deep well because of the water problem cited in the letter from Mr. Marcus. Ms. Grigsby stated that this was not a well problem related to the golf course development. Mayor McCash stated that he would like to know how much right -of -way is needed from this property owner. Ms. Grigsby stated that staff has only preliminary information; design is scheduled for later this year. Ms. Salay moved to approve the staff recommendation of a waiver of the requirement to tap -in to the water system for a period of five years, such period commencing January 1, 2003 and expiring December 31, 2007, conditioned upon the property owner paying the current City of Dublin tap -in fees ($1,500 for water) by December 31, 2003. Waiver will be revoked if the fees are not paid by December 31, 2003. Further, if the property is sold within the five -year period of waiver, connection is required no later than six months following the date of purchase of the property. Legal staff will prepare the appropriate legal instruments to be recorded with the Franklin County Recorder's office. Further, it is understood that as information about the Avery Road widening becomes available, the City will work with this property owner. Mrs. Boring seconded the motion. Vote on the motion: Mrs. Boring, yes; Mr. Kranstuber, yes; Ms. Salay, yes; Ms. Chinnick Zuercher, yes; Mr. Lecklider, yes; Mayor McCash, yes. Mrs. Boring asked that staff provide a chart listing all of the waivers granted to date by Council. Ms. Brautigam agreed that this would be beneficial and that staff will prepare this. STAFF COMMENTS Council Discussion Items Proposed ODOT 1 -270 Noise Barrier Walls Status Report Ms. Brautigam explained that Council has been provided with photos of the proposed placement of the ODOT wall. Staff is recommending an upgrade to the walls as constructed in the City of Dublin to improve the aesthetics and requests Council's authorization to move forward with that understanding. The City would have to pay the incremental cost difference between a standard noise wall versus an enhanced one, and approval from ODOT for this enhancement will be required. Mayor McCash commented that the entire concept is bizarre — that the State of Ohio would allow development so close to such a roadway, and to then pay for a wall to buffer noise. Mr. Hammersmith clarified that as part of the 1 -270 widening, the noise wall evaluation was required by the federal government. These properties were established prior to the widening improvement. Mayor McCash stated that, for example, with the Marriott Courtyard, the entrance ramp was not significantly changed yet they will have a noise wall. In the case of the Wyndham, however, ODOT is not recommending a noise wall. This does not make sense. Mr. Hammersmith stated that this was based purely on an in -depth engineering study of the noise along 1 -270 as performed by Burgess & Niple about two years ago. RECORD OF PROCEEDINGS Minu of Dublin City Council Meeting FORM NO 10148 April 7, 2003 Page 16 Held 20 Mrs. Boring asked about the height of the walls. Mr. Hammersmith responded that they are 10 feet high. Ms. Chinnici - Zuercher asked for confirmation that the additional funding by the City will secure the type of brick wall shown in the attachment. Mr. Hammersmith confirmed this, noting that this wall is much more attractive than the standard ODOT wall. Mayor McCash asked if there is an opt -out in the case the hotels do not want the wall. Mr. Hammersmith stated that the installation of the wall requires the property owners' consent. Mayor McCash asked if the property owners desire a wall and it is installed, what happens with the signage along 1 -270 that is no longer visible? Mr. Hammersmith stated that this issue would have to be addressed. Mayor McCash commented that in a variance application related to such signage, the noise wall could then be considered a self- imposed hardship. Mr. Hammersmith and Council concurred. Mr. Lecklider asked if a landscaping option was considered. Mr. Hammersmith stated that it is not an effective option in terms of noise abatement. Ms. Salay asked if samples are available of some of the other materials offered. Mr. Hammersmith stated that staff could provide these for Council's review. On Route 42 near Delaware, there is a comparable installation of this material. Mrs. Boring asked if there have been problems with graffiti on these noise walls. Mr. Hammersmith responded that there could be similar problems to those recently experienced on Rings Road and 1 -270. Mrs. Boring asked if staff has investigated the maintenance for these walls. Mr. Hammersmith stated that a high- pressure wash would be used for cleaning the walls. ODOT would maintain these walls. An outstanding issue would be the responsibility for maintenance if the City asks for an upgrade. He would assume that maintenance by ODOT involves only the integrity of the wall as it was constructed. Mayor McCash stated that, personally, he believes the City needs to upgrade the walls and to maintain them. Mr. Hammersmith stated that Willow Grove has selected their preference for materials. He can bring those to share with Council at the study session next week. Mrs. Boring asked if Willow Grove Association would then request landscaping for the noise walls similar to that installed at the corner of Coffman and Emerald Parkway. Mr. Hammersmith responded that because the City is not doing the installation, Willow Grove Association would make such a request to ODOT, not the City. Mayor McCash stated that any landscaping would be on the Willow Grove Association property and would be their responsibility. Ms. Chin nici-Zuercher summarized that Willow Grove selected a wall that was not upgraded, but the City can change this. Mr. Hammersmith confirmed this, and ODOT has indicated initially they would not oppose this. Ms. Chinnici - Zuercher agreed with having samples shown to Council prior to any decision. Mayor McCash stated that if walls are to be installed in several locations in Dublin, the appearance should be consistent. Mayor McCash asked for additional information on the federal or state requirements in terms of the threshold of decibel levels. Dublin has property along 1 -270 and SR 161/US 33 that is undeveloped, and if someone wants to build a hotel or single - family residences along that frontage, the setback to accommodate a noise wall should be addressed in the development text. Perhaps those types of uses along 1 -270 should be eliminated if they will require noise walls. Mr. Hammersmith responded that the noise walls proposed are being done as a retrofit after an improvement was made to 1 -270 that impacted existing properties. Anyone who develops after a road improvement would not have the same opportunity for noise walls. RECORD OF PROCEEDINGS Minu of Dublin City Council April 7, 2003 Page 17 Held 20 Meeting • Reforestation Fund Ms. Brautigam stated that staff has provided a list of eight city -owned properties where the funds will be used for reforestation. She asked whether Council has additional suggestions or modifications. Mrs. Boring noted that where the DubLink project was installed in the Dublin Village Center area, significant landscaping was removed. Has this been replaced? Mr. McDaniel responded that staff would investigate this and report back. Ms. Salay noted in regard to the north side of SR 161/33 behind Bob Evans /Chi Chi's, she wants to ensure that this landscaping is strategically placed in order not to block existing signage. • Board & Commission Training Update Ms. Chinnici - Zuercher requested that the dates of training sessions be provided to Council so that they can attend if they desire. Ms. Brautigam agreed. Ms. Chinnici - Zuercher asked who would be facilitating the chairperson training for running effective meetings. Ms. Brautigam stated that this has not been determined. • Fee Structure for Political Candidates and Non - Dublin Businesses in the Dublin Parades Ms. Salay noted that Council members who participate in City parades are not charged an entry fee. Candidates for Dublin City Council, however, would be charged under the proposed fee structure. In order to avoid giving preferential treatment to incumbent Council Members who are running for re- election, would it be reasonable not to charge other candidates running for City Council? Mrs. Boring stated that the difficulty would be in not charging a parade entry fee for township trustee candidates and school board candidates. She agrees that this is a good question. Mr. Kranstuber stated that Council members are riding in the parade as elected officials, not as Council candidates. As of July 4 it would not be possible to confirm the candidates for the election due to the August filing deadline. COUNCIL COMMITTEE REPORTS /COUNCIL ROUND TABLE Ms. Chinnici - Zuercher 1. Requested a proclamation from the Mayor at the April 21 Council meeting in recognition of National Volunteer Week. 2. Noted she has received an e-mail from a resident interested in the City having a wall of yellow ribbons to honor those in Dublin who are serving in the armed forces. The City of Clarksville, Tennessee has implemented this program and she has provided information for staff to review. 3. The MORPC Annual Luncheon meeting is scheduled for Thursday. She asked for confirmation from staff about table reservations. Ms. Brautigam will check with her staff on this. 4. The Development Code Revision Task Force which she chairs will meet on Wednesday, and all Council members are welcome to attend. Minutes from the meetings have been forwarded to Council. Mr. Reiner and Mr. Lecklider also are members of the Task Force. 5. Raised the issue of safety concerns related to the bikepath on Dublin Road. Residents are very pleased with the bikepath connection, but the ongoing safety concerns need to be addressed. In several places, the path is extremely close to the roadway, and the landscaping installed to provide separation should be reconsidered. There is also a drainage problem in front of the house just north of the Killilea subdivision. She is not suggesting the installation of a wall, but perhaps a guardrail or other solution. Brief discussion followed. Ms. Chinn ici-Zuercher asked that staff thoroughly investigate the safety concerns with this portion of the bikepath, as well as the maintenance issues related to the landscaping separation in this location. She asked that staff explore other alternatives. Mr. Kranstuber: 1. Noted that the Administrative Committee will meet at 6:30 p.m. tomorrow evening to review employee health benefits. RECORD OF PROCEEDINGS N inues_uf_ _ Dubli City Council Page 18 20 Meeting April 7, 2003 2. The information in the packet regarding the pilot refuse /recycling program is fairly consistent with his observations to date. r Mr. Lecklider asked for additional information about the Letter to the Editor in The Dublin News regarding the issues with City inspections at the Dublin Jerome High School. Ms. Brautigam responded that she has sent a letter to the Superintendent regarding the discussion about the inspection issues that took place at the School Board meeting. Ms. Zimmers has agreed to investigate. Ms. Brautigam added that she believes an apology is in order regarding the allegations made at that Board meeting. Mr. Lecklider added that he is disappointed that the school district administration and officials made such allegations. Mrs. Boring: 1. Congratulated the Police Chief and Division of Police on their reaccreditation status. 2. Reported that she has copied Council Members on an article from the archives of the East Dublin Civic Association newspaper clippings regarding the landmark tree on Hard Road. 3. Thanked the Clerk for the reminder about the filing deadline for financial disclosure forms with the Ohio Ethics Commission. ADJOURNMENT TO EXECUTIVE SESSION Mayor McCash moved to adjourn for land acquisition and legal matters at 10:25 p.m. He noted that the meeting would be reconvened only to formally adjourn. Ms. Salay seconded the motion. Vote on the motion: Mr. Lecklider, yes; Mr. Kranstuber, yes; Mrs. Boring, yes; Ms. Chinnici - Zuercher, yes; Ms. Salay, yes; Mayor McCash, yes. The me as recbnvened at 11:15 p.m. and formally adjourned. iding Officer Clerk of Council