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HomeMy WebLinkAbout02/20/2007RECORD OF PROCEEDINGS _ _ __ _ Dublin City Council _ _Meeti~_ -- -- -~ February 20, 2007 - - - ~- -- 20 1 Mayor Chinnici-Zuercher called the Tuesday, February 20, 2007 Regular Meeting of Dublin City Council to order at 7:00 p.m. at the Dublin Municipal Building. Present were: Mayor Chinnici-Zuercher, Vice Mayor Lecklider, Mrs. Boring, Mr. Keenan, Mr. McCash, Mr. Reiner and Ms. Salay. Staff members present were: Ms. Brautigam, Ms. Grigsby, Mr. Smith, Mr. McDaniel, Lt. Hirschy, Mr. Hahn, Ms. Puskarcik, Ms. Ott, Mr. Hammersmith, Ms. Hoyle, Ms. Crandall, Mr. Earman, Mr. Harding, Ms. Gilger, Mr. Burns, and Ms. Wawszkiewicz. PLEDGE OF ALLEGIANCE Mr. Keenan led the Pledge of Allegiance. APPROVAL OF MINUTES • Regular Meeting of February 5, 2007 Ms. Salay moved approval of the minutes of February 5, 2007. Mr. Reiner seconded the motion. Mr. Keenan noted a correction on page 12, third paragraph from the bottom. The sentence should read, "He, personally, does not feel Council has a good grasp on the subject of JEDDS." Vote on the minutes as corrected: Vice Mayor Lecklider, yes; Ms. Salay, yes; Mr. Keenan, yes; Mr. Reiner, yes; Mayor Chinnici-Zuercher, yes; Mr. McCash, yes; Mrs. Boring, yes. CORRESPONDENCE There was no correspondence requiring action from Council. 1 J SPECIAL PRESENTATIONS • Veterans Project Committee Fundraising Campaign Mike Kehoe, Veterans Project Committee member, reported on the progress of the project to date: Artist Finalists: Three artists have been selected as finalists. Fully developed proposals are due from the artists on March 16. On Tuesday, March 20, there will be an invitation only preview for Council members, Veterans Project Committee members, major donors, the media and select invitees. The preview and artist presentations will be held at the Abbey Theater, Dublin Community Recreation Center from 7:00-8:30 pm. A public preview and artist presentation will be held on Wednesday, March 21. Previews only will also be held on March 27 and 28. From March 21-31, the concepts will be on display at the Recreation Center, together with background information and comment cards. The City's website will also feature photos of the models. Fundraising: The Committee thanks Council for their contribution of $250,000 to begin the project. The Committee is working with residents, corporations, etc. to match that amount. To date, an additional $22,000 has been raised. A list of contributors can be viewed at the City's website. A fundraising campaign will be held over the next 4-6 weeks. He listed the various activities involved and the different levels of giving. Recognition of significant gifts will be given to the extent possible. Wesley Smith, American Legion, Dublin stated that citizens who have had the honor to take the oath for military service belong to a special patriotic fellowship. They serve the nation and the Dublin community in times of peace and times of war. Dublin has begun a process to honor its veterans with the commencement of the Veterans Project. Ways in which the American Legion in Dublin expresses thanks to fellow veterans are through a never-ending campaign for quality medical care for veterans and their families; scholarships for children of military personnel killed on active duty; youth outreach programs; chartering and sponsoring Boy Scout packs; and service to the bereaved. They are honored to announce tonight that they have the family's consent to rename their charter so that in perpetuity from this day forward, they will be known as the American Legion Post 800 Lance Corporal Wesley G. Davids of Lima Company, 3~d Battalion, 25th Marines, 4th Marine Division." Lance Corporal Davids was killed on May 11, 2005 while conducting combat operations against enemy forces in Karbala, Iraq. Corporal Davids was a graduate of Dublin Scioto High School, and is survived by his parents, Jody and Michael Davids and his brother, Private Stephen Davids, U.S. Marines Corp. American Legion members and supporters will be volunteering at the upcoming St. Patrick's Day celebration as beverage servers, and the City will be RECORD OF PROCEEDINGS Minutes of __ Dublin City Council __ Meeting _ ___ February 20, 1 1 1 Held 20 allocating some of the revenue from this event to the Veterans Project. He noted that veterans are American's heroes and deserve to be remembered for serving so that others may be free. He thanked everyone for their support of America's and Dublin's veterans. Mayor Chinnici-Zuercher thanked Mr. Kehoe and Mr. Smith for their efforts. She particularly thanked the American Legion for renaming their local chapter in honor of a fallen soldier who was a member of this community. • Dublin Arts Council Artwork Presentation Melanie Hitsman, DAC Board Member, presented the second of three public art donations to the City for the first quarter of 2007. "Cows in Kansas" was created in 2006 by Yellow Springs, Ohio printmaker, Sharon Scott. This piece was acquired from her exhibition, which was on view November-December 2006 at the Dublin Arts Council building. Mayor Chinnici-Zuercher thanked Ms. Hitsman on behalf of City Council and staff. CITIZEN COMMENTS Wallace Maurer, 7451 Dublin Road, stated that he wished to refer Council to their action in October 2006, at which time Council elected to limit his right of free speech. Council deferred to the City Law Director for legal opinion. Mr. Smith, in turn, referred to two documents as the basis for his recommendation: (1) Robert's Rules of Order, and (2) Dublin City Council Rules of Order. He has reviewed both documents. Coupled together, it is possible to conclude that City Council controls their agenda. However, Council's Rules of Order would be applicable only to a certain point and would not supersede the 14th amendment provisions of the U.S. Constitution. He has case law to demonstrate the fact that in this type of situation, the argument of rules of order would not prevail. Mayor Chinnici-Zuercher thanked Mr. Maurer for his comments. Mayor Chinnici-Zuercher noted a Council member request for change to the order of agenda to move the Post Road discussion to this point in the agenda. There were no objections to the modification of the agenda. OTHER • Post Road Alignment Ms. Brautigam stated that Ms. Willis, Engineering and Mr. Combs, Land Use and Long Range Planning would present this. Transportation Issues Ms. Willis stated that the conclusion of the Community Plan travel model was that either Perimeter Drive or Post Road must be widened to improve east-west connectivity through this area of Dublin. If Perimeter Drive were widened, then Post Road may be redirected to Commerce Parkway with no detriment to the surrounding transportation system. Project cost comparisons indicate the following: (1) Post Road widened - $5.3M, including land acquisition. It is an attractive travel route and would reduce traffic on Tara Hill Drive and Perimeter Drive and increase traffic at the Post Road intersections with Avery-Muirfield Drive and Emerald Parkway. The difficulties would be with the existing residences on Post Road and the proximity of the south fork of Indian Run. (2) Redirection of Post Road to Commerce Parkway - $850,000. It does include some widening on Perimeter Drive from Commerce Parkway through the intersection with Emerald Parkway to accommodate the increased traffic in that area. Traffic could be added to Perimeter Drive until it is congested, at which time it would spill over to Tara Hill Drive. (3) Redirection of Post Road to Commerce Parkway and Widening of Perimeter Drive - $1.57M. Perimeter Drive would be widened from Holt Road east to Emerald Parkway. Traffic would be diverted from Tara Hill Drive to Perimeter RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeti~_ DAVTON LEGAL BLANK, INC.. f-OHM NO. 10148 ~ February 20, 2007 Page 3 Drive. The intersection with Emerald Parkway/Post Road would become three- legged, with dual southbound lefts to Post Road eastbound to I-270. (4) Retaining current Post Road alignment with Perimeter Drive widened -- $1.25M. Traffic would be moved from Tara Hill Drive to Perimeter Drive. This option would provide sufficient capacity to year 2030. Ms. Willis summarized that when Perimeter Drive is widened, the transportation system does work well into the future, with or without Post Road redirected to Commerce Parkway. The City Council can make a decision regarding the alignment of Post Road independent of the demands of the transportation network. Because the treatment of Post Road is not solely dependent upon the transportation system, it is possible to take into consideration the character, environmental impacts and land use of the surrounding area. Land Use and Community Character Mr. Combs stated that with the Community Plan Update, staff has looked at a variety of transportation options for Post Road, and a number of options are feasible. However, the alignment study includes the following qualitative issues: 1 1 (1) Overall Character of Post Road and Coffman Park. What type of park experience does the City want to create here? Shall defined edges to the park be created with distinct arrival points? How can pedestrian and auto conflict be minimized? What are the internal focal points for future civic architecture? What is the goal regarding Coffman Park as the central park of the community, and does its current size relate well to that goal, or should there be additional land acquisition adjacent to Post Road? What type of character will the park have - pedestrian- oriented, or part of the transportation network with a visual drive-by appeal? Is it possible to separate internal traffic to the park from external traffic? What would be the impact of the road alignment on the design of the public space of Coffman Park and on surrounding lands? (2) Environmental Integrity and Visual Character. It is important to protect the quality of the Indian Run corridor. The different sides of Indian Run could also be linked for pedestrian connectivity and to program spaces. What type of scenic vistas does the City want? What is important to keep and protect into the future? (3) Impact on Surrounding Land Use. What would be the impact of the road alignment on the design of the public space of Coffman Park and on surrounding land? Staff's recommendation is to widen Perimeter Drive and redirect Post Road to Commerce Parkway. In addition to the advantages already noted, this option is consistent with the area rezonings and the original intent and design of Perimeter Drive to be the primary east-west arterial for the area. Mayor Chinnici-Zuercher inquired what exactly the plan is and when will the plan for the park development take place? The City has purchased a large amount of land in this area, but nothing has transpired beyond removal of the houses. Mr. Hahn responded that most of the park plan is contingent upon the plans for a new City Hall -will it be constructed in Coffman Park, and if so, when that will be scheduled? The City's current 5-year CIP does not reflect plans for any Coffman Park development. Mayor Chinnici-Zuercher requested that staff elaborate on the statement on page two of staff's memo, which states: "A disadvantage in the redirection of Post Road would be its loss as a regional connection. Post Road serves as a direct connection between the two freeways supporting Dublin -- US 33 and I-270. Post Road is also the only direct connection from the Avery-Muirfield Drive corridor to the Historic District. If this connection is severed, the community loses an east-west connector with Perimeter Drive as the primary access to the freeways, also providing fewer choices for emergency services vehicles." She is also interested in the impact redirection would have to emergency services. Not only is the high school located in this area, but if the new City Hall is located here, that could impact City employees. Ms. Willis responded that if Post Road were redirected to Commerce Parkway, emergency services would be redirected from Post Road to Perimeter Drive and would RECORD OF PROCEEDINGS _____.__Minutes of __ _ Dublin City Council _ Meetin~__ DAYTON LEGAL BLANK INC., FORM NO. 10148_ __ February 20, 2007 Page 4 Held 20 1 access the area via the Emerald Parkway intersection. Mayor Chinnici-Zuercher inquired if the study regarding impact on emergency services estimated the time difference in response time. Ms. Willis responded that staff was not able to judge the response time difference. Mr. McCash inquired if there was a discussion with Washington Township regarding which stations would respond to various emergency situations for that east-west connection. South of that area, there are stations on Woerner-Temple and Blazer Parkway. There is also a station on Brand Road. Ms. Willis responded that the City is divided into districts, and there is a station designated as the primary response. Ms. Salay stated there is a road network through the park that emergency vehicles would be able to use to access the park area. Chief Woo stated that the primary response to the area depends upon the incident. An EMS call would be responded to by Station 93 on Brand Road and Station 91 on Shier Rings. Currently, Post Road is not a primary response route for Washington Township EMS due to its narrow width. It does provide a secondary route, if the main artery is not available. 1 1 Mrs. Boring stated that staff's report indicates there would be no adverse impact on Tara Hill Drive. However, it also states that because the entrance to the Recreation Center would be altered, Tara Hill would serve as a secondary point of entrance. Ms. Willis responded that the Post Road entrance is intended to be the regional access point; however, after the redirection, the entrance route would be longer and more circuitous. That could prompt patrons to seek an alternative access, which would be from Tara Hill. Ms. Salay noted that the anticipation is that when the left turn is reintroduced from southbound Avery-Muirfield to Post Road, it will encourage Rec Center patrons to use the Post Road entrance. That likelihood is also encouraged by the traffic calming that has been placed on Tara Hill Drive. The schematic of the Coffman Park Plan provides that the redirected Post Road entrance would be the primary entrance to the Rec Center. Mr. McCash described the current routes to the Recreation Center from different sections of the city. In all the scenarios, there would not seem to be a reason for patrons using those routes to prefer the Downpatrick entrance from Tara Hill Drive. Ms. Willis stated that a route that has more turns becomes longer and adds a greater degree of difficulty for the driver. The shortest but also easiest route would be selected. For some drivers, that could be Tara Hill to Downpatrick. Mr. McCash responded that, in his view, the Tara Hill route would be the longer route from any direction. Mrs. Boring noted it has been proposed that an Emerald Parkway connection to Post Road could eliminate the Frantz to Post Road connection access and the bridge over 1- 270. If that is the case, there would be no reason to increase the turn lanes at the Emerald Parkway/Perimeter intersection. Ms. Willis responded that the concept was only an exercise in modeling. The Community Plan update does not include it. Mrs. Boring responded that if it is the vision, however, today's decisions should be consistent with it. She is confused. The consistent message from Engineering is the importance of connectivity in all the new developments occurring. Yet, with the older developments, the interest seems to be to disconnect them. She is having difficulty finding a consistent basis on which to make judgments. Ms. Willis responded that in regard to the current decision, the traffic modeling demonstrates that if Perimeter Drive were widened from Holt Road to Emerald Parkway, there would be sufficient capacity to mitigate the impact of redirecting Post Road to Commerce Parkway. There would be no negative impact on connectivity. Mayor Chinnici-Zuercher stated that in her view, two things are certain: (1) it would be desirable to widen Perimeter Drive regardless of the Post Road alignment; and (2) RECORD OF PROCEEDINGS Dublin City Council Meeting February 20, 2007 Held 20 ~ widening Post Road is not an option, as the City purchased a significant amount of land along Post Road to retain its rural character and to develop a central park in that location. Mrs. Boring noted that at the last joint Community Plan work session, all were in agreement that Perimeter Drive should be widened. Mayor Chinnici-Zuercher stated that the widening of Perimeter would alleviate some other traffic issues, such as the traffic volume on Tara Hill. Traffic will select widened Perimeter Drive because of the ability to travel at a higher speed. Two eastbound turn lanes from Emerald Parkway onto Post would move the high volume of traffic in that area. That would appear to be the main advantage in the redirection of Post Road, more so than character or environmental issues. The land along Post Road was purchased with a vision for establishing a beautiful park in the future. The vision was to maintain the rural character of the road, not to realign the road. It is possible to have a beautiful park without realigning Post Road. Ms. Willis agreed. The primary benefit of the Post Road redirection is the change to the intersection at Post and Emerald Parkway. Mayor Chinnici-Zuercher inquired about the proposed timing of the projects. Ms. Willis responded that if Council's decision is to redirect Post Road to Commerce Parkway, Perimeter Drive needs to be widened by 2012. Mayor Chinnici-Zuercher requested clarification of the sequence of the projects, which include the widening and construction of a roundabout at Post Road/Avery-Muirfield; the widening of Perimeter Drive; the redirection of Post Road to Commerce Parkway; and the installation of dual left turn lanes at Emerald Parkway intersection with Post. Ms. Willis responded that the widening of Perimeter Drive is scheduled for 2016. Ms. Salay inquired if it would be necessary to widen Perimeter Drive prior to the redirection of Post Road. Does Perimeter Drive have the capacity to handle some increase in traffic without widening? Ms. Willis responded that it does have the capacity for some increase in traffic. Mr. Hammersmith stated that only one of these projects is programmed in the current CIP, which is the intersection at Post Road and Avery-Muirfield. Construction will begin this year. Ms. Salay stated that the Coffman Park Task Force recommendation was to reintroduce the left turn lane at the Post/Avery-Muirfield intersection simultaneous with the redirection of Post Road to Commerce Parkway. Mr. Reiner stated that if the widening of Perimeter Drive is not anticipated until 2016, it appears to be a project that will evolve. It is not possible to define the timeline at this point. Mr. Hammersmith responded that staff is sharing the modeling perspective with Council at this time. Over the next several years, the impact of development on Perimeter Drive will be monitored and a more definitive timeline developed. However, the model's prediction should be fairly accurate. Mr. McCash stated that the five-year CIP is based upon the modeling data. Mayor Chinnici-Zuercher inquired if there would be commercial participation in the financing of the Perimeter Drive widening. Mr. Hammersmith responded that it would be only minimal. Mr. McCash inquired if there is available TIF funding in that area. Ms. Willis responded that Ms. Grigsby has indicated that there are two TIF districts that have been set up to help fund the widening of Perimeter Drive. Mr. Keenan inquired about the plans for the Perimeter Drive/Avery-MuirField intersection - signalization or roundabout, and what is the timing for that project? RECORD OF PROCEEDINGS Minutes of _ _ Dublin City Council _ ._. Meetin Page 6 Mr. Hammersmith responded that in the last corridor study, a roundabout was the preferred alternative. Mr. Keenan inquired if the roundabout at Post and Avery-Muirfield is the first of these projects to be done, is the redirection of Post Road to Commerce the second in sequence? Ms. Willis responded that programming the redirection of Post Road can occur when Council gives direction. There is sufficient capacity on Perimeter Drive to accept the redirected traffic; however, the Commerce Parkway connection would need to be widened. Mr. Keenan inquired if the road would cut through the Thomas property where it connects with Commerce Parkway. Ms. Willis confirmed that it would. Mr. Keenan noted that staff indicates the total project cost estimate of $1.8M. It included the widening of Perimeter Drive, although that need not occur immediately. Mr. Hammersmith stated that the estimated cost of widening Commerce Parkway was $850,000. The cost of widening Perimeter Drive would be additional. Mr. Keenan inquired if it would be possible to improve the proposed route from redirected Post Road into the Recreation Center to make it less circuitous. Are there possible alternative routes? Mr. Hammersmith responded that one concept has been suggested; alternative designs are possible. Mr. Keenan inquired about the projected timing of the project following receipt of Council direction to move forward. Mr. Hammersmith responded that a recommendation for timing would be made in the 2007 CIP update. Vice Mayor Lecklider stated that it would be desirable to look at possible alternative designs of the route to the Recreation Center, using the existing bridge over Indian Run due to the expense. However, the proposed route may not in fact be that circuitous; one of the reports suggested an additional 100 yards. That does not seem sufficient to discourage utilization of the Post Road entrance. The project estimate of Post Road widened is $5.3M. Is that the entire length of Post Road? Ms. Willis responded it is for the portion from Emerald Parkway to Avery-Muirfield Drive. Mr. Hammersmith clarified that it would not include the section west of Avery-Muirfield Drive to Perimeter Drive. Vice Mayor Lecklider stated if the Avery-Muirfield Drive/Post Road intersection were improved and the southbound section of Post Road to Emerald Parkway were widened, wouldn't westbound Post Road to Perimeter also need to be widened? Ms. Willis responded that this particular project focused only on widening the Avery- Muirfield to Emerald Parkway section of Post Road. That focus does not imply that the western section of Post Road to Perimeter would not also need to be widened. Vice Mayor stated that he understands staff's need to set boundaries on a project; however, one of the benefits of Post Road in its current configuration is its connection to US 33. How can this project work without widening the western section of Post Road? Realistically, if the alternative to widen Post Road were selected, the cost of the project would probably be closer to $7 or $8M. Ms. Willis confirmed that is correct. Mr. McCash stated the cost of redirecting Post Road is $850,000. Including the widening of Perimeter Drive brings the total project cost to $1,750,000. Mr. Keenan inquired if that amount is in current dollars. Ms. Willis responded affirmatively. Mr. Keenan noted that by 2012, the cost of the project could double. Vice Mayor Lecklider responded that would be the case with all the project estimates. Mr. McCash stated that if the cost of the Perimeter widening would be $1,250,000, then RECORD OF PROCEEDINGS Minutes of Dublin City Council Meetin -~ DAYTON LEGAL BLANK INC.. FORM NO. 10148 _ _ _ _ _ _ _ _ _ February 20, 2007 Page 7 -~~ combining the redirection of Post Road and widening of Commerce Parkway with the Perimeter widening would reduce the cost of that Post/Commerce component to I, $500,000. Ms. Willis responded that the redirection of Post and widening of Commerce Parkway would also include the widening of the section of Perimeter from Commerce Parkway to Emerald Parkway, moving $300,000 to that project. Mr. McCash asked for clarification -staff had indicated that it was not necessary to widen that portion of Perimeter Drive initially. Ms. Willis responded that is correct. There is the capacity for some increase in traffic. Mr. McCash inquired if Council directed staff to proceed with the redirection of Post Road and to include the widening of Perimeter from Commerce Parkway to Emerald Parkway, how long would it be before the additional widening of Perimeter Drive would be necessary -year 2016? Ms. Willis responded that is correct. Mr. McCash stated that if the redirection of Post Road were to occur in 2008, the City would achieve: (1) the immediate benefit to the businesses along Emerald Parkway, including Verizon and Cardinal Health; and (2) the immediate quality of life benefit of a central, unified Coffman Park campus, something that does not exist in any other suburb in central Ohio - a legacy for this Council and the City. In that case, it makes sense to redirect Post Road and schedule the project in the five-year CIP as soon as possible. Mr. Keenan inquired how long it would take to construct the additional left turn lane at the Emerald Parkway intersection. Mr. Hammersmith responded that once the western leg is removed, there is only a need for re-striping of the lanes. There would no longer be the need for two through lanes on Emerald Parkway south of the intersection. Ms. Salay noted that in considering potential development of the bow-tie parcel, there would the ability to have TIF money for the future widening of Perimeter Drive. When that parcel is developed, the outlet will be at the intersection of Emerald Parkway and Perimeter Drive. Ms. Grigsby stated that whenever commercial property is developed, the potential for a TIF is always considered. Ms. Brautigam inquired if the $850,000 project estimate includes the cost of constructing the driveway from Commerce Parkway to the Recreation Center. Mr. Hammersmith responded that it does not. Ms. Brautigam noted that it would be an additional cost to the project. Mayor Chinnici-Zuercher invited public testimony. Sandra Augustine, 6300 Post Road, President, Post Road Residents Association stated that the input she provides tonight is the result of a vote of Post Road residents last July. At that meeting, attended by 20 residents representing 13 homes, the residents voted that Post Road should be redirected, in concurrence with the recommendation of the Coffman Park Task Force. They favor the prospect of a central park in Dublin with minimal traffic - a park the community could be proud of. In contrast, a park divided by a heavily traveled road would have much less appeal. Traffic on Post Road will only become heavier when a southbound, left turn from Avery-Muirfield is reinstated with the new roundabout. Redirecting Post Road as soon as possible would minimize negative traffic patterns through the expanded Coffman Park. She requested that the Post Road residents present who are in favor of the redirection of Post Road stand. [Several residents stood in support.] Edith Driscoll. 6230 Post Road stated that there is one item that was not addressed in tonight's discussion -the use of the Thomas farm land. Council has talked of using it for a large park, but that was not the understanding she had regarding its intended use. Presently, when a resident wants to conduct business with the City, it is necessary to find out which location to visit -the Development building on Shier Rings Road, a renovated house via a Post Road driveway, the Recreation Center or City Hall. It was her impression that the land was to be used for a centralized civic center, showcased within wonderful landscaping including a lake and fountains. She is surprised at the RECORD OF PROCEEDINGS Dublin City Council Meeting DAYTON LEGAL BLANK INCA, FORM NO. 10148 _ _ February 20, 2007 Page 8 ~~ discussion suggesting that this land would be used for parkland. She thanked Council members for all the time they spend on careful planning for the community and wished them well on this particular effort. Mayor Chinnici-Zuercher noted that Ms. Driscoll has been an active participant in City issues over the years. She thanked her for continuing to share her thoughts with Council. She clarified that the concept of a central park and a civic building is not exclusive. If the decision is to place a civic center on that site, it would be an integrated ~, site. One component does not exclude the other. Mayor Chinnici-Zuercher noted that over the last few years, much time has been spent on developing some of the themes -with the Community Plan incorporating citizen input and with the various task forces. Then, when the time comes to move forward, the people then sitting at the table have not participated in the earlier planning and may not have the same vision of the earlier group. This area includes a lot of land that should be enjoyed by all the residents with an ease of access. Both the size of this park and the primarily passive uses of this park are different than the typical community parks. It is important to educate the community on the vision for this park. Vice Mayor Lecklider stated that this topic has been discussed several times during the last few years, and he believes the citizens expect Council to make a decision on it. He supports the redirection of Post Road and believes it should be programmed as early as possible Mr. McCash inquired how soon the project could be programmed in the five-year CIP. Ms. Grigsby stated that this could be included in the CIP discussions later this year to i determine if this project could be accommodated and what other projects would need to be modified or deferred to permit that. Mrs. Boring stated that she has a concern with reprioritizing the other CIP projects without carefully re-evaluating each one. There are many projects that have been deferred for a long time. She would like to see the extension on Emerald Parkway ~, funded in the next five years, which would benefit many businesses. Mayor Chinnici-Zuercher stated the community changes over time and for that reason, the CIP is updated every year. Staff is very skilled at analyzing the projects and prioritizing them. Ms. Salay moved to accept staff's recommendation to widen Perimeter Drive and redirect Post Road to Commerce Parkway as early as possible, taking into consideration the many concerns voiced tonight. She noted that the Coffman Park Task Force Plan adopted by Council provides for a separation of uses within the central park -- with the civic center and more active uses in the east section and passive uses in the west section. Mr. McCash seconded the motion. Mrs. Boring stated that this issue has been discussed many times. Unfortunately, as often occurs with federal government, a proposed item can have many "attachments." In this case, while she could vote for the redirection of Post Road, she does not wish to at the same time give staff direction for the project to be funded as quickly as possible, perhaps delaying other important projects. Discussion followed. Mr. McCash suggested that a simple motion to redirect Post Road would suffice, as staff ;, would then include it in the projects to be evaluated within the CIP update. Ms. Salay amended her motion to accept staff's recommendation to redirect Post Road to Commerce Parkway and to widen Perimeter Drive. Mr. McCash seconded the amended motion. Mr. Keenan stated that he continues to have reservations about eliminating a major east-west connector. However, staff has provided a thorough report and he finds many of their arguments compelling. RECORD OF PROCEEDINGS Dublin City Council DAYTON. LEGAL BLANK, INC_ FORM NO. 10148 _ February 20, 2007 Page 9 Mr. Reiner stated that he agrees with Mr. Keenan. However, he believes the vote is premature as it does not allow time to assess the impact of the roundabout at Post and Avery-Muirfield Drive. He would like to see the extent to which that might alleviate the traffic problem. Traffic is the number one concern of the community. Post Road is the only other east-west connector in the community to parallel SR 161, and the impact of terminating Post is still a concern. Many subdivisions will develop in the time period between now and 2016. Mr. McCash stated that he believes that Council members need to be proactive and look toward the future. Mrs. Boring stated that she once objected to the redirection of Rings Road because of the post office access issues. Although she does not like the layout, the current access does work. Therefore, in this case, she will trust staff that this redirection will work as well. Vote on the amended motion: Mrs. Boring, yes; Mr. Keenan, yes; Mr. Reiner, no; Mayor Chinnici-Zuercher, yes; Mr. McCash, yes; Vice Mayor Lecklider, yes; Ms. Salay, yes. [Ms. Salay departed the meeting due to a family obligation.] LEGISLATION SECOND READING/PUBLIC HEARING -ORDINANCES Ordinance 09-07 Authorizing the City Manager to Grant a General Right-of-Way Permit to Time Warner Telecom, and Declaring an Emergency. Ms. Brautigam stated that there have been no changes subsequent to the first reading. Vice Mayor Lecklider moved for emergency passage. Mr. Reiner seconded the motion. Vote on the motion: Mr. Reiner, yes; Mr. Keenan, yes; Mrs. Boring, yes; Mayor Chinnici- Zuercher, yes; Mr. McCash, yes; Vice Mayor Lecklider, yes. Vote on the Ordinance: Mr. McCash, yes; Vice Mayor Lecklider, yes; Mr. Reiner, yes; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes; Mrs. Boring, yes. Ordinance 10-07 Authorizing the Provision of Economic Development Incentives to Conquest One LLC, dba Pontis Group, to Induce the Expansion of its Workforce within the City of Dublin; Authorizing the Execution of an Economic Development Agreement. Ms. Gilger stated that the Pontis Group is a marketing and communications company. They have nine employees and have outgrown their present accommodations on Frantz Road. They have identified a site at the Metro Center for a new office. They have secured a Job Creation Tax Credit from the State of Ohio. The economic development agreement offered by Dublin would serve as the required 25 percent local match. They will retain the current workforce and create ten new jobs by 2010. This agreement would provide Pontis Group athree-year, $6,240 workforce expansion incentive, payable in three installments. John Baiorek, President, Pontis Group stated that the company has been located in the City of Dublin for 17 years. They provide traditional advertising and marketing services, including web development. They have a special focus on the aviation industry as well as financial services and manufacturing for clients that are Dublin-based. Vote on the Ordinance: Vice Mayor Lecklider, yes; Mr. Reiner, yes; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes; Mr. McCash, yes; Mrs. Boring, yes. INTRODUCTION/FIRST READING -ORDINANCES Ordinance 11-07 Authorizing the Provision of Economic Development Incentives to Xcelerate Media, Inc. to Induce the Retention of its Current Workforce and the Further Expansion of the Xcelerate Media, Inc. Workforce within the City of Dublin, and Authorizing the Execution of an Economic Development Agreement. Vice Mayor Lecklider introduced the ordinance. Ms. Gilger stated that Xcelerate Media is located and headquartered in Historic Dublin. They are preparing for a large workforce expansion over the next few years due to some RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC., FORM NO. 10148 _ _ -_ _ ____. February 20, 2007 Page 10 I~ Held ~~ ~I venture capital funding they have recently received. They are a technology company that creates customized e-learning software. They currently have 10 employees and expect to create 62 new jobs by 2011, which will equate to a $4.5M payroll. The economic development agreement proposed tonight provides fora $31,000 workforce ~i expansion grant that is tied to performance goals. The company is not relocating, but rather expanding to multiple pod locations within the Historic District. i There will be a second reading/public hearing at the March 5 Council meeting. ~' INTRODUCTION/PUBLIC HEARING -RESOLUTIONS Resolution 10-07 Accepting the Best Bid for Rental of Certain City-Owned Land and Authorizing the City Manager to Execute an Agricultural Lease for Said Property. Vice Mayor Lecklider introduced the resolution. Mr. Hahn stated that this lease will continue the farming use of the land adjacent to Darree Fields. Vice Mayor Lecklider inquired if the same individuals farmed this land previously. Mr. Hahn stated that Mr. Hostettler did; Mr. Thomas did not. Vote on the Resolution: Mayor Chinnici-Zuercher, yes; Mr. Keenan, yes; Mr. Reiner, yes; Mr. McCash, yes; Vice Mayor Lecklider, yes; Mrs. Boring, yes. Resolution 11-07 Accepting the Lowest and Best Bid for the Service Department Utility Buildings and Site Improvements Project. Vice Mayor Lecklider introduced the resolution. Mr. Burns stated that this project will occur at 6351 Shier Rings Road, the original Service Department site, and the current location of the fleet and maintenance division. The project will consist of the construction of a dump pit, four wash bays, an attached equipment storage facility, minor modifications to the storm sewers on the site, and asphalt repairs and overlay. The low bid was received from Williamson Builders, but legal issues with their bid bond prohibit the City from accepting their bid. The second lowest bidder was Robertson Construction. Their references are satisfactory. This company has constructed a similar equipment building for the schools. Mr. McCash stated that this project was bid previously. What occurred? Mr. Burns responded that this project was originally budgeted and bid in 2005. However, the $900,000 plus project was under-funded at $660,000. When he inherited the project in 2006, he attempted to divide the project into two phases; the equipment storage building was separated from the rest of the project. However, only one bid was received, which exceeded the City's bid threshold by more than 10 percent. He requested additional funds for 2007 for a combined project. The contract would be for the base bid and alternate A, the high performance floor system. Mr. Keenan inquired about the specific issue with the low bidder, who submitted a bid $40,000 less that the second low bid. Mr. Burns responded that Williamson Builders did not fill in the amount on the bid bond. Staff received a legal opinion that the bid should not be accepted. Mr. Keenan stated that it has always been his experience that if the amount is left blank, it is determined to be the same amount as the bid. Mr. Burns stated that is true with certain bid documents, but the form the City used did not include that language. Mr. Keenan stated that in a public bid process, it is common practice to leave that space empty with the implication that whatever the bid is, the bond is equal to that amount. Mr. Smith stated his office researched the case law. Because there were Ohio cases on this point, his office determined the bid bond was defective. Vote on the Resolution: Mayor Chinnici-Zuercher, yes; Mr. Keenan, no; Mr. Reiner, yes; Mrs. Boring, yes; Mr. McCash, yes; Vice Mayor Lecklider, yes. Resolution 12-07 Approving the Natural Hazards Mitigation Plan for Franklin County. Vice Mayor Lecklider introduced the resolution. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC.,_FOR_M NO. 7014.8_ __ _ __ February 20, 2007 Page 11 Held 20 Lt. Tom Hirschy stated that in January 2007, the Police Department was contacted by Franklin County Emergency Management and Homeland Security Agency requesting I, that the Natural Hazards Mitigation Plan for Franklin County be adopted by resolution in compliance with the Disaster Mitigation Plan Act of 2002. This plan identifies specific projects for each participating jurisdiction to help mitigate, lessen or reduce future potential natural hazards. In order to be eligible for future mitigation grant funds from the federal government, a resolution of adoption must be passed by the local jurisdiction no later than March 1, 2007. Vice Mayor Lecklider stated that Westerville had the option of developing its own mitigation plan with no dollar figure affixed to that plan. On the other hand, Dublin's plan is much more expensive -- by millions of dollars -- than the otherjurisdictions, including Columbus. What is the explanation? Lt. Hirschy stated that those figures were provided by Dublin to the Franklin County Emergency Management Agency initially in 2003. Since then, Dublin has contacted the EMA regarding this document and learned that it is a fluid document that can be updated. If the resolution is passed by March 1, the local jurisdiction has until April 1 to submit a revised document in keeping with the jurisdiction's current needs. Staff has already identified and revised the list of projects. Dublin will commit to projects reviewed and determined to be in the best interest of the City. 1 1 Mayor Chinnici-Zuercher stated that she is extensively involved with this program in her agency. The document changes frequently. It is controlled by the federal government. New guidelines have recently been written, and everyone is attempting to comply. After passage of the resolution, the jurisdiction has 30 to 45 days to submit an up-to-date document. Only a certain amount of grant funds will be awarded to Ohio. Franklin County typically applies for twice as much as it is eligible to receive. Dublin will also want to apply for more than it would expect to receive. It is important to submit a more accurate document, which would reflect a change in the projects that will be submitted for acceptance into the Franklin County Emergency Plan. She suggested that staff bring back to Council a revised document in April showing the project changes. Mr. McCash stated that in #1, it indicates a request for $10M to replace condenser coils on the 5800 Building. This does not make sense for an old building. The City would not want to maintain an old building with federal hazard mitigation funds. Federal funds should be used appropriately because, in the end, everyone's taxes are impacted. Ms. Brautigam stated that when this plan was originally submitted, City staff was attempting to meet the deadline. Police and Engineering divisions quickly developed a project list and forwarded it to Franklin County. This list should be reprioritized. Any federal funds the City would receive would not be used for that project. Franklin County is aware that Dublin is developing a revised project list. Vote on the Resolution: Mr. Keenan, yes; Mr. Reiner, yes; Mayor Chinnici-Zuercher, yes; Mr. McCash, yes; Mrs. Boring, yes; Vice Mayor Lecklider, yes. Wallace Maurer, 7451 Dublin Road stated that the purpose of the program is natural hazard mitigation projects as communicated to Federal Emergency Management and Homeland Security. The Federal Department of Homeland Security was not created until after 2001. Was "homeland security" a recent addition to this program? That has implications of warfare situations. Mayor Chinnici-Zuercher responded that when the department was created in 2001, President Bush placed FEMA under it because of the relationship between the two. As a result, local programs added that component to FEMA-based programs. This particular program specifically relates to natural disasters. Some situations, such as inability to communicate, could become a homeland security issue. Mr. Maurer inquired the program is inclusive of homeland security issues then -for instance, if electrical services should become disabled within the Columbus area, and suspected to be a result of terrorist activity? Mayor Chinnici-Zuercher stated that it is inclusive. Mr. Maurer inquired if Dublin is expected to think of those types of situations as well. RECORD OF PROCEEDINGS Dublin City Council _ Meeting - DAYTON LEGAL BLANK INC. FORM NO. 7014$_- _ - -._ -_ - _ -____. --- - --- - - -- - -- - - February 20, 2007 Page Held ~~ Mr. Keenan stated that is part of the problem. Some have indicated that monies are A ro rams to Homeland Securit ro rams, and that FEMA in diverted from FEM Y P 9 be g p g programs are not receiving a fair share. Resolution 13-07 Accepting the Lowest and Best Bid for Renovations of the Dublin Community Recreation Center Competitive/Lap Pool HVAC Systems. Vice Mayor Lecklider introduced the resolution. Ms. Crandall stated that this project is phase 1 of a two-phase project. This particular project will address existing flaws in the Rec Center's HVAC system in the competitive/lap pool area. Modifications will be made to the existing air-handling units, and duct work will be redirected and expanded. Phase 2 will be scheduled next year and will be a similar retrofit of the HVAC system in the leisure pool area. Mayor Chinnici-Zuercher inquired if staff anticipates a similar cost range for phase two. Ms. Crandall responded that the initial estimate for phase 2 is $423,373. The purpose of dividing the project into two phases is the total project would take 7-8 weeks to complete. It is not viewed as acceptable to close both pools at the same time for such a long period. Mr. Keenan stated that some of the flaws referred to in staff's memo have already been remedied. Ms. Crandall responded that is correct. The City was awarded $237,000 in a related lawsuit. Mrs. Boring requested a brief history on the situation. Is the need the result of flaws in the original construction, or is it related to aging issues? Mr. Smith responded that the City was awarded approximately $240,000 by jury trial. Although the Rec Center system does contain flaws due to poor design, during the discovery process, he learned that regardless of design issues, two situations occur: over time, HVAC systems in large pool areas develop problems and technology changes rapidly. Therefore, within aten-year timeframe such as this, retrofitting would likely be ~, necessary -whether or not there had been design issues. Vote on the Resolution: Mr. Keenan, yes; Vice Mayor Lecklider, yes; Mr. McCash, yes; Mayor Chinnici-Zuercher, yes; Mrs. Boring, yes; Mr. Reiner, yes. OTHER • Appointment of Acting Clerk of Council Mr. Keenan moved appointment of Judy Beal as Acting Clerk of Council for the period of February 27 through March 13, 2007. Vice Mayor Lecklider seconded the motion. Vote on the motion: Mrs. Boring, yes; Mr. Reiner, yes; Vice Mayor Lecklider, yes; Mr. McCash, yes; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes. COUNCIL COMMITTEE REPORTS/COUNCIL ROUNDTABLE Mrs. Boring noted there was a statement made earlier this evening during citizen testimony that reveals a public misperception. She is concerned that 20 citizens would meet and decide on behalf of the community that a road alignment should occur. Obviously, the vote of those 20 residents reflected the fact that the road is within their area. Council's subsequent vote was based upon what will be best for the entire community. She hopes that in the future Council will remain willing to take a hard stand when necessary, and will take into consideration all public input at all times. Council has had to take difficult stands in the past, and will need to do so in the future. Mr. Keenan: 1. Stated that a Veterans Project Committee meeting was held on February 9, and the Committee received a good overview of fundraising efforts. One of the three artist finalists has incorporated the concept of height into his proposal. To depict that, a balloon may be floated within the area of the library over the next few of days. 2. Noted that he had received some resident complaints regarding the cold temperature of the Rec Center pools. Mr. Earman responded that this occurred during the recent cold weather. He has been RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting ___ DAYTON LEGAL BLANK INC. FORM NO. 10148 February II working with the gas company to determine the problem. The output of the boilers is very limited, and heating the pools is secondary to heating of the building. The gas company has agreed to increase the gas volume. Vice Manor Lecklider thanked Mr. Burns and the Streets Division staff for their snow removal efforts the past week. Council members received a couple of a-mails during that time questioning how the City prioritizes streets for snow removal. He, personally, is on a street of low priority, and that makes sense to him. Recently, during a conversation with a staff member, he mentioned the City's curb-to-curb snow removal policy. The ~ , response he received was that in some areas the City did not attempt curb-to-curb snow removal during this past snow event. Is that an accurate statement? Mr. Burns responded affirmatively. The City does have acurb-to-curb policy. During this particular snow event, however, the City received 8-9 inches of snow followed by 2-3 ~ inches of sleet and a rapid temperature drop. As a result, there were many areas that I II, became almost impassable. After the main roads were plowed, instead of moving trucks into the subdivisions to do curb-to-curb snow removal, the street crews continued to make passes in all the areas to ensure emergency access. In the meantime, many residents had shoveled out their individual driveways. When the crews went back later that day or the next morning to conduct curb-to-curb snow removal, the process blocked the driveways again. The City then began to receive many complaints. In addition, due to the drop in temperature, the sleet covered snow turned into huge blocks of ice. In removing those, there was risk of removing a mailbox as well. Due to these factors, the decision was made not to continue curb-to-curb removal for this particular snow event. Ms. Brautigam noted that Mr. Burns consulted with her before making that final decision, and she concurred with the decision. Vice Mayor Lecklider responded that he would be concerned if the City had decided not to continue its policy of curb-to-curb snow removal solely on the basis of a few complaints. Mayor Chinnici-Zuercher noted that when the City Manager made her aware of the decision, it was her understanding that it was based upon a combination of factors -the complaints, the weight of the snow and the ice. The City of Columbus made a similar i decision due to the same hardships involved. Manor Chinnici-Zuercher: 1. Reminded Council of the goal setting retreat on Friday and Saturday at the Golf Club of Dublin. 2. Noted that Council Members should submit their St. Patrick's Day participation forms to Community Relations as soon as possible. 3. Noted that she had received an email from Mr. Valentine, Dublin School Board president, inviting her, another Council member and the City Manager to serve on a search committee for a new school superintendent and treasurer. Mr. Valentine will seek the School Board's approval for the City's participation. She asked for a Council Member to volunteer. Vice Mayor Lecklider indicated his willingness to participate. ADJOURNMENT TO EXECUTIVE SESSION Mayor Chinnici-Zuercher moved to adjourn to executive session at 9:15 p.m. for discussion of personnel and land acquisition matters. Mr. Reiner seconded the motion. Vote on the motion: Mrs. Boring, yes; Mr. Keenan, yes; Mr. Reiner, yes; Mr. McCash, yes; Vice Mayor Lecklider, yes; Mayor Chinnici-Zuercher, yes. Mayor Chinnici-Zuercher announced that the meeting will be reconvened following the executive session only for the purpose of formally adjourning. The meeting was reconvened and formally adjourned at 10 pm. Mayor -Presiding Officer Clerk of Council