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HomeMy WebLinkAbout02/22/2005 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC., FORM NO. 10748 February 22, 2005 Held 20 Mayor Chinnici-Zuercher called the regular meeting of Dublin City Council to order at 7:00 p.m. on Tuesday, February 22, 2005 at the Dublin Municipal Building. PLEDGE OF ALLEGIANCE Mr. Lecklider led the Pledge of Allegiance. ROLL CALL Present were: Mayor Chinnici-Zuercher, Vice Mayor Lecklider, Mrs. Boring, Mr. McCash, Mr. Reiner and Mr. Keenan. Ms. Salay was absent (excused). Staff members present were: Ms. Brautigam, Ms. Grigsby, Mr. Smith, Mr. McDaniel, Mr. Ciarochi, Mr. Bird, Mr. Hammersmith, Chief Epperson, Mr. Hahn, Ms. Puskarcik, Ms. Hoyle, Ms. Crandall, Ms. Burkholder, Mr. Harding and Mr. Combs. APPROVAL OF MINUTES Approval of the minutes of January 31 and February 7 meetings was delayed until March 7. CORRESPONDENCE The Clerk reported that there was no correspondence requiring action of Council. SPECIAL PRESENTATIONS Mayor Chinnici-Zuercher presented a proclamation in recognition of Rotary International's anniversary to Cap Clegg, President of Dublin A.M. Rotary. She congratulated Mr. Clegg who was named today as the Dublin Chamber of Commerce Businessperson of the Year. Bill Lhota. President of COTA addressed Council regarding an update on the status of the Central Ohio Transit Authority (COTA) and what is being done to improve operations for the future. He noted that COTA has 737 employees and an annual budget of $73 million, $18 million of which is spent on capital projects each year. COTA is woefully underfunded in the area of capital budget for replacement. Sixty- five percent of their revenues come from sales tax; 15 percent from federal subsidies; 17 percent from the fare box; and 3 percent from miscellaneous sources. They have 57 fixed route bus lines and have 250 buses operating from two facilities. The fluctuation of oil prices has presented a challenge for them. For Project Mainstream, 57 buses are utilized. In 1984, they moved 26 million passengers and in 2004, 15 million passengers. Yet the bus hours on the street were about the same in 2004 as in 1984. The cost of moving a passenger in 1984 was $1 and now it is $5. They project a shortage of 128 buses by 2011 and are experiencing significant deficits which are growing -estimated to be $3.3 million in 2005. They project that their reserves of $18 million will be exhausted by early 2007, based on current spending. Since his arrival in September, COTA has taken immediate steps to address the financial issues by a hiring freeze, restricted employee travel and review of all consultants to try to obtain some immediate reductions. They are working with the business community and presented a longer-term operations improvement program which was a joint program between COTA and the business community. Six functional groups were formed within COTA to review all operations. They had 19 community volunteers involved in this intense, ten-week program. They have received a final report of the operations improvement program on January 10 from business group volunteers. The final report contains 89 specific recommendations for improvement. The leadership team has begun working on the recommendations and will have a status report for the COTA Board at tomorrow's meeting. Regarding the North Corridor Light Rail project, they have removed themselves from preliminary engineering before the Federal Transit Administration. Once local RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC., FORM NO. 10148 February 22, 2005 Page 2 Held 20 funding is obtained, they can go back into preliminary engineering. They are continuing with the draft environmental impact statement. In January, the Board approved MORPC continuing the alternative analysis and the modeling to move forward and they are hopeful of completing that in early 2006. In summary, they are focused on restoring financial and operational excellence, as well as their reputation. He is confident that at the Board meeting tomorrow, a strong ethics policy applicable to all Board members and certain employees of COTA will be approved. He is hopeful that they can bring to successful closure the labor contract. They are focused on developing a comprehensive transit plan to meet the needs of Central Ohio, which must be one that provides enhanced fixed bus route service, enhanced Project Mainstream service, and provides transit options to Central Ohio, including transit centers, intelligent transportation systems and a light rail option. He is confident that if all of this can be done, that the voters will give favorable consideration to a package presented sometime in the future. They plan to return on a regular basis for small meetings and presentations before Council. Mayor Chinnici-Zuercher thanked him for the update. She added that there are many events held in Dublin with transportation needs, and a substantial corporate presence in Dublin which also has needs for transportation. A vital work force needs transportation options, and she looks forward to continued reports on the progress of COTA. CITIZEN COMMENTS Wallace Maurer. 7451 Dublin Road stated that: 1. Many cities across the country have a 3-1-1 phone number which provides access to City services for City residents. This service has had some unexpected benefits, such as identifying locations of West Nile virus in the Chicago area, based upon calls regarding dead birds. The City of Baltimore was able to identify the noise generators as barking dogs and construction sites in their investigative work for a noise ordinance. Perhaps Dublin should consider this service. 2. The City is indeed a vibrant crossroads of cultures in the country. He notes that in early March, there will be a reception for the Japanese American people in Dublin. This would be a marvelous opportunity to bring together the network of Japanese Americans to develop a second annual festival for the City. 3. As the time has nearly expired, he will bring back his last item at the next meeting. LEGISLATION SECOND READING/PUBLIC HEARING BID AWARD Ordinance 09-05 Accepting the Lowest/Best Bid for the City of Dublin Landscape Maintenance North and Landscape Maintenance South Projects, and Declaring an Emergency Ms. Brautigam stated that there are no changes since the first reading. Mr. Hahn can respond to questions. Mr. Keenan noted that there is a significant differential in bids. Is staff certain that TruGreen is aware of the scope of the project? Mr. Hahn responded that following the bid opening, staff discussed the scope of the services with TruGreen and they are confident in their numbers. Mrs. Boring asked if penalty clauses have been included in the contract. Mr. Hahn stated that there is no penalty for lack of performance, but rather an incentive to perform by having liquidated damages that allow for the City to complete the work with City workers on an overtime basis and bill accordingly. Mr. Keenan asked if it is bonded. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC., WRM NO. 10148 February 22, 2005 Page 3 Held 20 Mr. Hahn confirmed that it is bonded, and the contract states a specific hourly wage that will be deducted from the base contract that is reflective of true costs of Dublin employees working in overtime status. Mr. Reiner moved to treat this as emergency legislation. Mr. Keenan seconded the motion. Vote on the motion: Mr. Keenan, yes; Mr. Reiner, yes; Mayor Chinnici-Zuercher, yes; Mrs. Boring, yes; Mr. Lecklider, yes; Mr. McCash, yes. Vote on the Ordinance: Mr. Keenan, yes; Mr. Lecklider, yes; Mr. Reiner, yes; Mayor Chinnici-Zuercher, yes; Mr. McCash, yes; Mrs. Boring, yes. ECONOMIC DEVELOPMENT AGREEMENT Ordinance 11-05 Authorizing the Execution of an Economic Development Agreement between the City of Dublin and WD Partners to Induce Locating and Expanding its Operations within the City of Dublin. Mr. McDaniel stated that a staff report has previously been provided to Council, along with the agreement. WD Partners is an architectural and engineering firm that intends to own and occupy the current Metatec building. WD Partners will occupy the facility by the fourth quarter of 2005 with 300 employees, after making an estimated $4 million improvement to the facility. The average salary of an employee is $55,000 annually. They anticipate 2.5 percent payroll growth annually and five percent growth annually in the number of employees anticipated to be employed in Dublin. The economic development agreement includes aten-year, 25 percent tax rebate and an additional extraordinary performance incentive, should WD Partners exceed the predetermined withholding targets. This also includes a $200,000 property technology grant payable upon occupancy. The total incentive value is potentially $1.7 million, while the City would net $4.5 million in income tax withholdings over the period of the agreement. Staff recommends passage of the ordinance. He noted that Martin Doerschlog, co-owner and partner of WD Partners is present. Martin Doerschlog, WD Partners thanked Council for their consideration. He and his brother, Chris Doerschlog are co-owners who grew up in Dublin and are pleased to return to Dublin. WD has 450 employees across the country, 300 here in Dublin. They would love to have the opportunity to grow the Dublin group in the facility which will enable them to consolidate all three of the current facilities. Mr. Keenan asked which portion of the building they will occupy. Mr. Doerschlog clarified that they will initially occupy the northeastern office portion of the building. Mr. Keenan asked how the economic incentive agreement works with the southern portion of the building. Will that be leased? Mr. Doerschlog responded that they are purchasing the entire property but will honor the Inoveris lease through September of 2007. Mr. Reiner asked for clarification that his father is Wolfgang Doerschlog. Mr. Doerschlog confirmed this. } Mr. Reiner asked if the specialty of the old firm had been in restaurant development. Mr. Doerschlog responded that they specialize in multi-unit restaurant and retail petroleum national contracts. Vote on the Ordinance: Mr. Reiner, yes; Mr. Keenan, yes; Mrs. Boring, yes; Mayor Chinnici-Zuercher, yes; Mr. McCash, no; Mr. Lecklider, yes. LAND ACQUISITION Ordinance 12-05 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC., FORM NO. 10748 _ _ February 22, 2005 Page 4 Held 20 Authorizing the Purchase of a 4.63 Acre, More or Less, Tract of Land, Known as Parcel No. 273-001896-00, Located East of Eiterman Road, Township of Washington, County of Franklin, State of Ohio, and a 12.246 Acre, More or Less, Tract of Land, Known as Parcel No. 39-00-01004.00, Located East of Eiterman Road, Township of Jerome, County of Union, State of Ohio, from DBS Development Company, LLC. Ms. Brautigam stated that this property is located at the southwest corner of S.R. 161/U.S. 33. The purchase of this property is important for the development of that interchange. Mrs. Boring reminded staff noted that Council had requested that maps be provided with legislation to identify the location. Vote on the Ordinance: Mrs. Boring, yes; Mr. Keenan, yes; Mr. Reiner, yes; Mayor Chinnici-Zuercher, yes; Mr. Lecklider, yes; Mr. McCash, abstain. LAND EXCHANGE Ordinance 13-05 Authorizing the Exchange of Land with Grabill & Company, LLC for Commercial Development and Parking Improvements in the Dublin Historic District. Ms. Brautigam stated that Mr. Smith will explain the legal ramifications of this proposal; Carson Combs, Senior Planner will describe the specifics of the proposal; and Ms. Grigsby, Finance Director, will summarize the financial aspects. Mr. Smith stated that there has been a significant amount of discussion on this proposed land acquisition. However, this is no different from other land acquisition matters considered by the City. There has been no approval from Council, and no Letters of Intent or contracts have been signed. Tonight, Council can consider the exchange and purchase of the property described. Negotiation of the financial terms continued through yesterday, and the 20-page draft agreement that is provided with this legislation is not finalized. Therefore, Legal staff requests that Council not vote on the ordinance tonight. Additional land appraisals have been conducted, as the City considered the existing land appraisals not sufficiently current. The new appraisals should result in an approximate savings of $75,000 to the City. Approval of Ordinance 13-05 would be the first step in the process. Future public hearings would address zoning and conditional uses. He understands that at a recent meeting of the Historic Dublin Association, there was discussion about these negotiations having taken place behind closed doors and not in public meetings. Land acquisition is an exception to the Sunshine law - Council and staff can negotiate the terms of such land acquisition matters in private and then bring the proposal forward in a public meeting for formal consideration and vote. He clarified that the presentation to be made by Mr. Combs is a staff- created proposal. It is not the original proposal made by Mr. Grabill. The staff proposal took into consideration planning, engineering and legal issues. Cross easements and utility relocations are still being finalized. Final documents will be presented to Council on March 7th or March 14th, at which time a Council vote + would be anticipated. Mr. Combs stated that the three land segments involved in this proposal are municipal land, land owned by Mr. Grabill and the Sonksen property. The agreement proposes that the two property owners would essentially exchange the properties of 45 N. High and 35 Darby Street. Mr. Sonksen would relocate the Krema business from 35 Darby Street to 45 N. High. Mr. Grabill would receive 35 Darby Street. As part of that exchange, the City would receive a pedestrian easement which would permit a pedestrian connector mid-block to join North High Street to Darby Street. That would permit pedestrian movement between parking lot areas and the main streetscape. The second phase would provide for an exchange of 35 Darby Street between Mr. Grabill and the City to become a RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC., FORM NO. 10148 February 22, 2005 Page 5 Held 24 municipal parking lot in exchange for two building footprints. The City would pay for the parking lot to be completed by Mr. Grabill as part of the improvement to the area. Mr. Grabill would be required to complete the City's zoning and development approval process. The City would also retain the corner as a public plaza. Construction of the plaza would be included with Mr. Grabill's construction of the two building footprints. The construction cost of the pedestrian area would be covered by the City as part of its public improvement program. The alley between 24 Darby Street and Tucci's would be closed. The intent is to create an internal service courtyard that would service the three buildings. This would provide the pedestrian area on the corner with a link to the various buildings along the streetscape to the municipal parking area, which would be centralized within the block. Included in the agreements are deadline stipulations for Mr. Grabill to construct Town Center II, which was agreed upon two to three years ago. This agreement aligns with and accomplishes the objectives of the 1997 Community Plan, which includes establishing centralized parking within the block. A connector to the north is also included with the alley closure and service courtyard construction. The project would accomplish the goal of having mixed uses on the corner and a new town square. It would also eventually achieve the closing of Darby Street and a full block connection to Franklin Street. The Planning Commission and Architectural Review Board would be involved in the development approval, which allows for public input throughout the process. A plan printed by the local newspapers this week shows staff's vision of the significant elements of the plan, as accomplished by Ordinance 13-05. Long term, additional improvements in the area are contemplated by staff in order to accomplish the vision of the block system, as envisioned by the Community Plan. This plan is in concept only. It will be necessary to proceed with design details to determine exactly what would happen within the space. A paved plaza with landscaping and lighting, which could be used for community events, is contemplated. Staff has attempted to work with the developer to ensure visibility into all the buildings on the site and that the foundations are laid for the internal parking system. Ms. Grigsby stated that the financial aspects of the plan are straightforward. It involves reviewing the estimated cost of the proposed public improvements, and how they would be financed by the City. The construction of the parking lot at 35 Darby Street would be included by Mr. Grabill in his overall construction project. He would submit payment requests to the City on a monthly basis, and reimbursement would be made by the City to Mr. Grabill. The cost of the public plaza improvements, also constructed by Mr. Grabill, would be reimbursed to Mr. Grabill in the year 2007. That is the first year that the cost could be included in the City's five-year capital plan. It is also the first year that it is anticipated the City would begin to receive service payments from the tax incremental financing (TIF) district that will be proposed. The cost of the public improvements is estimated at $700,000. There is currently a TIF district that was set up as part of the Town Center II project. The improvements that are funded by the initial TIF are the parking lot to the south of SR 161 and east of Franklin Street and the redevelopment of the Indian Run School/municipal parking lot. Either the existing TIF will be modified or a new TIF will be established for the building footprints on the northwest corner of Bridge and High streets. The service payments from Towncenter II and Towncenters III and IV will generate approximately $83,700/year, which will involve approximately 8 1/2 years of service payments. Typically, for TIF agreements for amounts between $500,000 - $1,000,000, the City would advance the amount from the capital fund and reimburse itself as service payments are received. Only construction costs are addressed. There is no cost for land, as the land to be exchanged is considered equal in value. There are current discussions regarding other potential sites, but, to date, no negotiations have been successful. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting _ DAYTON LEGAL BUVJK, INC., FOFM NO. 1014E February 22, 2005 Page 6 ' Held 24 At this point, Mayor Chinnici-Zuercher invited the applicant's representative to testify. David King, Horne & King Architects, stated that he represents applicant Pat Grabill. He will respond to any questions and forward comments to Mr. Grabill. Mr. Grabill has been engaged in negotiations with the City in an attempt to determine opportunities that could exist in Historic Dublin that would be of mutual benefit to both parties. It has been important to both parties that any agreements that Mr. Grabill and the City decided upon would also maximize opportunities for all the stakeholders in the Historic Dublin community. They would also need to be in accordance with the Community Plan and the Historic Dublin Task Force recommendations. He noted that both the Community Plan Steering Committee and the Historic Dublin Task Force focused significantly on the interests of the Historic District. The proposed plan is not the original proposal made by Mr. Grabill. It has been revised by the City Planning Department. Mr. Grabill concurs with the plan with one minor deviation, which he would like to explore should City Council decide to table the proposal tonight. Mr. Grabill believes that another opportunity exists that would benefit both the Tucci property and the Modern Male property. Mayor Chinnici-Zuercher responded that Council is not in a position to vote tonight, as the agreement that was presented for consideration is not complete. It remains in negotiation. She invited public testimony. Craig Barnum representing Historic Dublin restaurants Oscar's, Tucci's and Brazenhead, stated that he has seen six to eight renderings of this project in the past two days, but obviously, the project has dramatically changed. He presented copies of a petition submitted to Council in 1999, which contained 1,600 signatures from Dublin residents. The 1999 petition hoped to achieve 9 objectives: 1. To tie the north and south districts of Historic Dublin together. SR. 161 was a significant division at the time. 2. Establish a landscape boulevard on S.R. 161 as provided by the 1997 Community Plan. 3. Establish brick as the significant component of sidewalks or crosswalks, which is typical in most historic districts. 4. To provide for an update of the ARB guidelines. 5. Address the streetscape curbs, which were deteriorating 6. Provide for the extension of the north side of S.R. 161 and Franklin Street . 7. Address the parking problem with a parking garage or more parking. 8. The City of Dublin or an independent developer should erect a building on the northwest corner of S.R. 745. 9. Sometime in the future, the river would be developed into a nice river walk, similar to what the city of Gahanna has achieved. He noted that this proposal relates to the eighth objective. He is supportive of Mr. Grabill's and Mr. Sonksen's efforts regarding development of that area. A wonderful opportunity exists here for future growth. The restaurants are supportive of development . They are cognizant that over the past 9 years, concessions have been made to them to permit them to operate. However, they are concerned about the level of development that is proposed. Less than six months ago, the ARB denied approval for another restaurant proposed in Historic Dublin, due to the lack of parking. A development of 20,000 square feet is now being proposed for that corner. He and the owner of Jason's currently share parking leases. With his leases and the municipal parking, he has access to approximately 86 parking spaces, but with this new proposal, all of those disappear. He retains only eight spaces in the veterinarian clinic parking lot. The new parking area will contain only 75-100 parking spaces. The net gain for the restaurants and the other retail on that side of the street would have been 10-15 spaces. However, an additional RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC., FORM NO. 10148 February 22, 2005 Page 7 Held 20 20,000 square feet of development -office and retail, will now be added. The existing businesses will actually be confronted with fewer parking spaces. Over the past few years, he has heard some remarks that no parking problem exists in Historic Dublin. However, one of the conditions for the approval of Tucci's was that the restaurant provide valet parking and that the valet parking not occur on North High Street. That condition has actually been a key factor in the success of Tucci's. Tucci's valet parks 30-35 cars/night, at times up to 50 cars. That facility had been the least performing restaurant; now it is the highest performing. The primary reason appears to be that patrons know that despite the parking situation in Historic Dublin, they can valet park at Tucci's front door for $2.00. He is concerned because the first rendering he saw from the City of Dublin provides for an enclosed dumpster and mechanicals to be erected next to the patio at Tucci's. That is difficult to assimilate, because it took him two years to produce a first-class patio at Tucci's, in view of the many City imposed conditions and restrictions. Now, the City plans to put two dumpsters and mechanicals on the south side of that alleyway. Why would they do so? That would result in an intolerable situation for Tucci's. In addition to that, the alleyway itself is proposed to disappear. That means the valet parking also disappears, which has been critical to the success of Tucci's. Tomorrow night, he is scheduled for an ARB hearing regarding a $250,000 renovation project for Tucci's. He has been working with the City and architect Richard Taylor for two months on this. A week ago, Mr. Taylor was told that perhaps Tucci's should slow down the proposed project; that it may not be in the City's plans to allow for this development. So he has spent time, energy, money, and other resources on this development while closed meetings have occurred which would prevent it from happening. It is frustrating, as he was trying to invest more money into the restaurants and the community. The ARB requirement faxed to him today states: "The Code requires parking for a restaurant use to be one space per 50 square feet." If the proposed 20,000 sq. ft. development is a mixture of office and restaurant, even with a formula of one space per 100 square feet, that development would have to have 200 parking spaces. Such parking does not exist. He strongly favors a parking garage, an idea the City does not support due to the cost. If this development is allowed .without a strong plan for parking, it will negatively impact the existing businesses in Historic Dublin. Mrs. Boring stated that she recalls a recent discussion concerning a development in Historic Dublin during which a business owner insisted there was not a parking problem in that area, and presented a list of all the potential parking areas. Wasn't that Mr. Barnum? Mr. Barnum responded that he has always indicated that there is a parking problem in Historic Dublin. When Jason's Restaurant came in with 3,500 square feet and a parking lot of only 22 spaces, he allowed Jason's to share some of his leases for parking spaces. With the other restaurant proposed at 72 N. High Street, the ARB gave direction to the Planning Division not to come back with those types of developments because there is a significant parking problem in Historic Dublin. That was less than 6 months ago. Mr. Barnum stated that they have done mystery shopping reports. One of the questions they ask is whether the patron had any difficulty finding parking. The responses indicated that the patrons considered it a matter of luck as to whether they found a good parking space or not. Only Dublin residents know where to park in Historic Dublin. The new lot by the school, for instance, can be used only in the evening. Mrs. Boring inquired if the parking space report was in fact Mr. Barnum's. Mr. Barnum stated that another partner in his group had provided such a report to the City when a restaurant at 72 N. High Street was under consideration. With that RECORD OF PROCEEDINGS Minutes of Dublin City Council _ Meeting _ DAYTON LEGAL BLANK, INC., FORM NO. 10148 February 22, 2005 Page 8 Held 20 proposed development, some parking concessions across the street were made with existing parking spaces that he has under lease. Personally, he is not opposed to development on the northwest corner of Bridge and High. It is a question of how much development. The proposal for 20,000 square feet is too much in view of the parking needs of the entire area. Mr. McCash inquired if the Tucci renovation is an expansion or a third story addition. Mr. Barnum responded that at the entrance to Tucci's, there is a trellis area and a cement pad that extends 10 feet. The building would expand to the edge of that. On the south end of the building along the alley, there is an 8-foot storage area which would be enclosed. Mr. McCash inquired if Mr. Barnum met with staff concerning his plans, and was told to wait, that this development might not be part of the City's plans for Historic Dublin? Mr. Barnum responded that was correct. He has engaged an architect for services over the past two months, and it was not until last week that Richard Taylor called to tell him that there was a large master plan being considered for the area. Planning staff had indicated that the Tucci's renovation might not be approved due to the development that would occur at the corner. The City did not communicate this to him, although he was involved in a related approval process with the City. Mr. McCash inquired if the proposed City development at the south of the Tucci building would be on property he owns. Mr. Barnum responded that half of the alley on the south end is actually City property, although it appears to be Tucci's property. Mr. McCash inquired if the City has had any discussion with Mr. Barnum regarding the plans for this corner. Mr. Barnum responded that they have not. Approximately nine months ago, he met with Mr. Ciarochi and Mr. Smith to discuss the City's interest in using the current Tucci's valet station as the valet station for that side of the district. He was agreeable to that suggestion, and that was the last discussion with the City until last Thursday when he learned of the proposed development and saw the rendering, including the plans for the dumpster enclosure next to Tucci's patio. He believes this is being rushed, and he is hopeful Council will table a decision tonight. Their group is supportive of development in that area; they are just concerned about the size of the development and some of the details about it. Mr. McCash asked for confirmation that the extent of information Mr. Barnum received from the City was conveyed in a brief discussion nine months ago and that no information regarding the development plan before Council tonight was shared with him. Mr. Barnum responded that is correct. Ted Oatts, representing Jason's Restaurant in Historic Dublin, stated he owns Worthington Realty, and is president of Jason's Restaurant operations. They are concerned about the section of the proposed development that would connect to the rear of Jason's on the north side, where Jason's has an egress to the east. They would be interested in a discussion with the City concerning the property directly to the west, which is targeted for an extension of Franklin Street. The two pieces of property are approximately the same size. If the intent is to provide access to all the parking in the north, perhaps Jason's and the City could discuss a land exchange to provide an extension from Franklin Street to the north. He clarified some misinformation previously given --Jason's currently has 32 parking spaces, which is one space per 100 square feet. He added that Jason's appreciates the wonderful reception they have had from the Dublin community; it RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC., FORM NO. 10148 February 22, 2005 Page 9 Held 20 has been a positive experience for them. Brenda Kocak. co-owner of Modern Male in Historic Dublin, stated that she has great concerns about the land exchange and is opposed to its passage. to the last issue of the Dublin Villager, Mike Racey explained that Modern Male is positioned in the epicenter of this proposal. She is extremely upset, not only with the dynamics of the drawings published, but also with not having been brought into the plan in order to make development work for everyone involved. She has not received a phone call from the City's Planning Division, or anyone for that matter, asking if she could meet to discuss this subject. Two years ago, she made a commitment to the City of Dublin when she opened a business at 24 Darby Street. She made an enormous investment, undertaking a complete renovation and approval process in Historic District. She took an eyesore building on a visible corner, gave it a complete facelift, and made it one of the most appealing buildings in the Historic District. Now, she finds that a major construction of two buildings is proposed outside her front door, the adjacent parking lot taken away, and the street and the alleys closed that directly access her business. She is concerned about the adverse impacts of this proposal. The buildings in the footprint of the proposal are a minimum of 20,000 square feet on a parcel of less than 1/2 acre -that just does not fit. How much will be dedicated to the public plaza? The buildings will encroach into the front and side of her business, with placement of dumpsters and HVAC equipment at the entrance. Complete visibility of her building from High Street is taken away, as well as any visibility from Modern Male with towering buildings inches from the doorstep. She is extremely fearful of the expansive development Mr. Grabill is proposing and its impact, not only on Modern Male, but also on its employees whose livelihood is at stake. Traffic flow will greatly affect the entire area with the closing of Darby Street at S.R. 161 and the alleyway at High Street. In reference to parking, has there been any consideration for handicapped parking? Modern Male has regular patrons who are confined to wheelchairs. Will all handicapped patrons for the new development and Modern Male have to cross a thoroughfare utilized for valets and delivery trucks to access the businesses? How will emergency vehicles access any business at that corner. She has many questions regarding this proposal. Brian Kocak, husband of the owner of Modern Male, stated that he is proud of his wife. Entering into a business in Dublin is no small feat what they went through for two years establishing this business in a town they have lived in for 14 years. He considers Dublin one of the greatest cities in the state. He would like to make the following points: 1. This is not an inconsequential business they have brought to Dublin. There are professionals who patronize their business from Central Ohio, bringing notoriety to Dublin. There is no other location between Chicago and New York where a gentleman can receive a shave and a massage in a male- friendly environment. 2. He has heard rumors of plans for over a year now. Yet, when he has asked questions, he's been told that there is no "done deal," only a proposal. In his opinion, the proper way to conduct business is to be up front with everyone and make them part of a win-win situation. 3. He is concerned about the scope of the project. Town Center I across the street is a towering 11,000 square feet. This contemplates a development twice that size on 0.7 acres. The primary goal of the 1997 Community Plan was to create a gateway to the City of Dublin, and this proposal does not accomplish that. 4. There are currently 35 parking spaces outside Modern Male and another 25 spaces used in the evening by the restaurants - a total of 60 spots. The renderings he has seen on this project indicate 80 parking spaces, yet 20,000 square feet of development is now being added. RECORD OF PROCEED[NGS Minutes of Dublin City Council Meeting _ DAYTON LEGAL BLANK, INC., FORM NO. 1014E February 22, 2005 Page 10 Held 20 5. There are great professionals within the City. Burgess & Niple have conducted great traffic studies. Less than'/2 mile from Historic Dublin, there is 200,000 square feet of retail being built which will be developed by K2 Realty. It will be outstanding for the City. Currently, in Historic Dublin, traffic backs up to I-270. There is a school within that area. It is important to think through these issues. The business owners are not opposed to development in that area -just concerned about the size. The last time he looked at the renderings, there was a dumpster sitting three feet away from a massage table. It is important to bring all the stakeholders "into the loop," and let them have input. That is not too much to ask of the greatest city in the Midwest. Tim Picciano, representing Historic Dublin Business Association, stated that the HDBA is an organization of business owners in the Historic District whose purpose is to enhance and promote the economic viability and prosperity of the businesses in the Historic District. This is pursued through events, synergistic promotion, networking and supporting community and commercial development, along with other avenues. The HDBA currently has 33 members, and they have surveyed the membership concerning the proposed project. Members were encouraged to evaluate as much as possible in regard to this project. The responses revealed that 16 members were in favor of the project, 4 were opposed, and 2 were undecided. Overall, the HDBA membership is pleased that the City is focused on enhancing and promoting the economic viability and prosperity of the businesses in Historic Dublin. The HDBA views the project as evidence as the City's support of the District in creating a critical mass of commerce so that the District would become a destination in and of itself. The investment by the City in the District is welcomed and appreciated. Having said that, numerous responses requested caution with the project due to the following concerns: 1. The project is not subject to a longer public review and comment process. 2. Adequate parking capacity for existing businesses and the new development. 3. The scope of the project and its impact on surrounding businesses. 4. The compatibility of the proposed development with the yet to be published recommendations of the Historic Dublin internal working group master plan for the District. In summary, the responses to the survey indicated that the HDBA is supportive of the project, subject to issues stated above. George Jamiel, 8934 Monifieth Court, Dublin, OH 43017, stated that he moved to Dublin from Boston in 1987. Before that he had lived in five cities in seven years. He has raised five sons here. He is concerned about the growth of the City. He inquired what the appraised value of the City lot was versus the property at 35 Darby Street. Mr. Smith responded that the City received an updated appraisal on Friday. The land within the two footprints appraises at $635,000. That is not an appraisal of the entire property, because the City will retain approximately one-third of the lot. He estimated the total appraisal of the City lot would probably exceed $1 million. The appraisal of land it will be exchanged for is $625,000 -that piece presently does not contain the Eggspuehler property. Mr. Jamiel stated that it appears this would be to the advantage of Mr. Grabill. He inquired if the City has considered the option of purchasing 35 Darby Street, adding parking spaces there, and attempting to limit the growth and retain the original character of the Historic District, which he found so attractive in 1987. There have been many improvements, but all improvements are not appropriate. The current parking lot and greenspace would be retained. Otherwise, although the taxpayers have already paid for the current parking lot, it will be taken up, and a new parking lot must be constructed and paid for by the taxpayers. The same for the public RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting _ DAYTON LEGAL BLANK, INC., FORM NO. 10148 February 22, 2005 Page 11 Held 20 plaza the taxpayers will eventually pay for that. He does not understand where the true value is to the citizens. David Hahm, 83 S. Riverview Street, Dublin, OH 43017, representing the Historic Dublin Association, stated that a response from HDA has been forwarded in writing to Council members. The HDA has had difficulty acquiring information on the proposed development, but in so far as they have been able to obtain, the HDA will respond. They are pleased with the City's intention to establish the long-term use of the Historic District's prime property, the greenspace at the corner of Bridge and High, and to do so in the best possible manner. They are pleased that the City is investing in the Historic District and that the proposed ordinance would add needed retail space to the north side of the District. They also note that projects done by Grabill & Co. have always been of high quality. However, as it is currently narrowly written, the HDA cannot support the ordinance for the following three reasons: - The specific proposal is premature and preempts long-range planning for the Historic District. - The size and location of the northeast building footprint precludes or diminishes some highly desirable options for future development of the North High Street business district. - The City's disposal of a very valuable piece of City property in a non- competitive manner does not seem to be good stewardship of the City's resources. For those reasons, the Historic Dublin Association requests that the ordinance be tabled until the ongoing studies and a comprehensive plan have been completed and adequately discussed and that the City establish desirable building footprint(s) based on those studies, possibly via a competition that takes into account the historic status of the area and the entire affected streetscapes and parking issues, rather than the corner property in isolation. Mr. Hahm elaborated that the project is premature in that a staff working group was appointed to consider future development of the District. If this project were to be approved, it takes the most important, largest, flexible space out of the planning process and settles all aspects of design on a piecemeal basis. While it might be the best use and best design, no one can say that without first taking into consideration the advice of planners, architects, historic preservation experts, the Architectural Review Board, all Historic Dublin property owners, all interested developers, and the public at large. What is at issue here is not some random, vacant land, but the core of Historic Dublin as a historic community, and how this core is to be defined. Will it be defined as a unique public space for community use to establish and maintain our identity as a community, or it will be defined as a highly visible commercial space constructing an identity for Historic Dublin as just another of many fine commercial centers in central Ohio? He noted that the size and location of the so-called Town Center IV also precludes and diminishes some desirable options. For decades, there has been concern about getting pedestrians across Bridge Street. This has been a goal of many stakeholders, but the traffic has always been an obstacle. An equally important obstacle is the perception that there is nothing on North High Street that warrants crossing the street. The proposed plan would demonstrate that there is something at the corner, but not necessarily anything beyond. That is partially due to the fact that there is a zero setback position, and the whole design of that building would ~ create a visual barrier to the rest of North High Street and communicate the message that there isn't much beyond that. The Historic Dublin Association believes that is a serious obstacle to the development of business along the rest of North High Street, and there are other options that would open a vista. Some examples of the problem have already been cited. North of that are two of the most historic cultural resources of Old Dublin -the original school building, built in 1849, and the earliest surviving Dublin church, built in 1845. He believes there are other options for this core property. RECORD OF PROCEEDINGS Minutes of Dublin City Council _ Meeting DAYTON LEGAL BLANK, INC., FORM NO. 10748 _ February 22, 2005 Page 12 Held 20 The concept of the small public plaza in this plan nestled within asemi-circle of commercial buildings is a trendy, late 20th century urban design concept and not in keeping with the historic streetscape design principles or with the 1997 Community Plan. Small Ohio towns that were not county seats were either built around an open greenspace demarcated by adjacent streets, such as the City of Worthington, or anchored at their major intersection by buildings of the same type, size and setback as the rest of the street. Only 60 years ago, Westerville and Dublin appeared this way. Recently, Historic Dublin stakeholders have registered their preference for the greenspace concept, and this was incorporated into the 1997 Community Plan. In any case, the HDA feels that the virtues of alternative designs have not been adequately aired. Finally, this is a very valuable piece of property that would be disposed of in a private manner. A private arrangement with a single developer is contrary to the public interests, especially since the land was taken by eminent domain. This is not only a City land purchase, where a transparent public process might drive up the cost, it is also in effect a sale where competitive bidding would stand to improve the City's return on its assets. The sale of this most visible, and valuable potential building lot in exchange for the off-street parking may not be in the public's best interests. Parking is an issue, but this may not be the best way to deal with it. The position of the Historic Dublin Association is that free enterprise and competition in the development of rental property would contribute more to the public good. Wallace Maurer. 7451 Dublin Road asked about the rectangle that belongs to the City. Is it viewed as remaining open and green, or is it at risk for having a building on it? In a year 2000 meeting of City Council where this space was discussed, there was some consideration of a trompe I'oeil on that site. Other Ohio cities have done this. It involves a panoramic public art, worked on by an artist for some time, to capture something historically significant about the City in a large panoramic painting. He agrees with the previous comment that serious consideration should be given to the various options before the area is cut up. Craig Sonksen, 5679 Haddington Drive stated that he is the owner of Grandma's Fruitcakes and Krema Peanut Butter Company with offices at 35 Darby Street in Historic Dublin, one of the three properties involved in the proposed project. His family has lived in Dublin over 16 years, and their business has operated from 35 Darby Street for over 10 years. During those 10 years, he has been actively involved with and participated in the development and revitalization of Historic Dublin. They are committed to the area, as evidenced by the investments they have made in their business, and Dublin has been good to them. He believes that Krema and Grandma's brings a unique perspective to this discussion, which is that in all 10 years of his involvement in looking at the future of Historic Dublin, his business is the business that always disappears into a parking lot. Once again, a good neighbor has suggested tonight that this happen. They may be the one entity to be the most affected by the proposed development, since their entire business would have to be moved, requiring the construction of a new building with significant risks and costs. That is fine, however, because they believe they can make it work under the current plan. They have always said that they want to be a part of the solution to the challenges facing the revitalization and development of Historic Dublin. To that end, they have worked closely with their neighbors to address concerns and support community events. They are excited about the preliminary plans for the northwest corner of Bridge and High streets. Since the time the City acquired that property with the intent to develop it for the entire Dublin community, there has been a shared public vision of what could happen there. This vision was expressed in the Community Plan adopted in 1997 and reinforced in the Historic Dublin Revitalization Task Force's Recommendations in 2000. Nowhere did this public vision ever restrict that corner to a permanent greenspace. The proposed plans have been massaged for over 12 months and are now in harmony with the Community Plan and the Task Force's Recommendations. The RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC., FORM NO. 10148 February 22, 2005 Page 13 Held ~ 20 proposal creates a town square with landscaping, plaza, and interesting structures creating a focal point and gathering place at the center of Historic Dublin, supported by a new municipal parking lot. This development would help create a critical mass and generate the synergy that will benefit all of Historic Dublin. There will be challenges and concerns, as always. Those concerns can be resolved if the interested parties cooperate and focus on the big picture as laid out in the Community Plan. Their customers have told them how nice it would be to have additional retail and a public plaza on the corner. The people of Dublin want to support local Dublin businesses and venues. The proposed development will receive that support. There is no need to look further than the recent success of Starbuck's and Jason's Restaurant, where a good product supported by strong service and infrastructure has been rewarded by the patronage of many Dubliners. They have confidence in both the City of Dublin and Mr. Grabill to work together to create a town square that will benefit the entire City of Dublin, not just Historic Dublin. They consider themselves fortunate to participate in something that will create a lasting legacy for good in this City. If they did not believe that, they would not be involved. He urged Council to focus on the big picture and give favorable consideration to this proposal. Ron Montgomery, 32 West Bridge Street stated that he has a veterinary clinic at that site, which also borders Darby Street. If Darby Street is closed, where is the access provided to his building? He will have an animal hospital that no one can access. This proposal has been discussed for some time, but no one has ever addressed the impact on his business if the access is taken away. Donna of DK Photographic, 54 South High Street stated that in opening a business, the primary consideration is location. While Dublin is a great location for a business, how many businesses on dead-end streets draw clients? Not many. Another question she has is why would the City of Dublin want to enter into another agreement with someone who has not yet completed the commitments made in a previous agreement? Mayor Chinnici-Zuercher thanked the public for sharing their comments. Some of those concerns are shared by Council. Council anticipated significant public participation in the final decision-making process regarding this site. It is Council's practice to include resident and corporate citizens who may be impacted by any building that is proposed, as well as others who have interest. At the outset, there is the Planning and Zoning process that all applicants must participate in before a project comes to Council. She requested Council discussion, after which, Mr. Smith has requested Council action to table the legislation. Mr. Smith stated that Legal staff would meet with the individuals who have expressed concerns and attempt to work through those issues. Mr. King has offered to do the same. Mr. Reiner stated that he is looking forward to seeing a revised design, which better addresses the concerns of those who have spoken tonight. He does not see the need to discuss this version of it further. He would be interested in tabling the k. legislation after any other Council comments. Mr. McCash stated that he has several items to address: • He has always believed that the City should be actively involved in the Dublin Historic District He has been very supportive in the past, and will continue to be, of any revitalization efforts in the Historic District. There is a lot of opportunity there. However, for the past six months, as this proposal as been devised, he has not had the ability to comment publicly or talk about it, as it was an executive session item. The manner in which this matter has been RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC., FORM NO. 10748 February 22, 2005 Page 14 Held 20 handled has been frustrating to him, and particularly so after hearing the public comments tonight. Typically, if the City wants to dispose of or sell public property, it is accomplished through a bid process. That was not the ' process in this case. In this case, a very enterprising developer, who has done good work in Dublin and other communities, proposed a deal for a land swap, which eliminates a competitive process. The proposal has gone through a development process; it has been presented to Council on numerous occasions over a period of time. It has allowed the design and negotiation process to occur in executive session. What has been presented tonight is two building footprints -the project has been already laid out. It has not had much public participation. Council has heard from adjacent property owners, who have wanted to be involved in the design process, but have not been able to provide input. In developing this plan, the City Planning Department has focused on the information and input provided by Grabill & Company. The plan includes trash enclosures next to Tucci's, as well as other potential impacts on adjoining property owners who have not been included in this process. Essentially, the City has excluded public participation in this development process. The City now has a land swap that will go through the planning and zoning process as a planned district. That process accomplishes different development standards for a development. Town Center I and Town Center II have different development standards than the remainder of the Historic District. For instance, in Town Center I, theoretically, the dentist office could display a sign in every window. Other businesses have signs that shouldn't be there. The City is setting up standards for these two properties that are completely different from the rest of the District. The City has failed to give others the opportunity to submit development proposals for the Historic District. For example, as a letter from the Muirfield Village Company indicates, last year that company wanted to talk to the City about developing the northwest corner of SR 161 and High Street. They were essentially told that the land swap was a "done deal" and told to go away. • Another issue he has is that the land swap is based on the land value, not on the basis of marketability of first tier and second tier retail space. The City is giving away prime retail, prime frontage space along SR 161 and High Street to one developer who already has a majority of that area in the Historic District. In return, the City is receiving a building on 35 Darby Street that is second tier space. It is not along the prime thoroughfares in the Historic District. After all the negotiations regarding Town Center I, the City then agreed to subsidize the Dublin Convention and Visitors Bureau with $450,000 to help the Bureau to locate in Town Center I. So the City is eliminating competition along prime roadway frontage in the Historic District. That does not make sense from an overall planning perspective for the Historic District. • The City views the proposal as achieving additional municipal parking. But the City is gaining an additional 20,000 square feet of development in this area. What, then, is the City's net gain in additional parking in the Historic District? This agreement has no restrictions on the type of development - tenants, timing and opportunities -that will be in this building. Will office use be on the second floor, so workers are not there in the evenings when the , prime retail and restaurant space has the highest volume? Will there be a mix or ratio of uses to ensure available parking throughout the District? • He is concerned about the way this development is being approached. Mr. Sonksen talked about a shared vision. A shared vision involves shared input. This development has undergone a 12-month massage process without communication with the adjoining property owners and others in the Historic District. This has been revealed tonight, as the public hearing process gives them the opportunity to speak RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC., FORM NO. 10148 February 22, 2005 Page 15 Held 24 Mrs. Boring stated that the citizens have expressed disappointment that there has not been a public process. That has not been staff's fault; it is the fault of this City Council. Frequently, private developers bring proposals to staff with the request that they be submitted to Council in executive session for consideration. Council typically refuses them. However, this proposal was brought to Council in several different ways; a couple of times, Council rejected it, but it was brought back. It is Council's fault and her fault that it has not been brought to the public before now. That is because Council believes in the process. At some point, when Council is satisfied that a proposal is worthy to be brought to the public, that is when the public process begins. That is also when staff is directed to work with the public. Previously, she was not sure that she could support the plan. After reviewing the Community Plan and the other studies that have been conducted in the Historic District, she is now comfortable with moving forward. However, if this plan is not something that the majority of the community endorses, this is the time to say so. It is not a "done deal" whatsoever. All private enterprise has the right, however, to ask staff to bring proposals to Council for consideration. At this point, the public process is working well. Council-will not ignore the public's concerns. The public may feel free to discuss these concerns with the planners. At this point, however, she agrees with Mr. Reiner there is much work to be done. Mr. Keenan concurred with Mrs. Boring's comments. At this point, there will be a great deal of public input. In Dublin, there are a lot of steps in the process. Regarding the comment that prime real estate is being given to one developer - Mr. Grabill -that is a little misleading. Council has not received proposals from any other source. The door is always open. It is Council's goal to continue to support and encourage revitalization efforts in Historic Dublin. When the gas station property was purchased, it was with the intent of creating a critical landmass to bring future development to the area. Mr. Lecklider stated that he also is in agreement with Mrs. Boring's comments. Council came to this meeting tonight with the expectation that they would hear citizen comments, some of which have been very passionate. He agrees with Mr. Keenan that it has always been Council's intent to approve some development for this corner. It has never been envisioned only as greenspace. As Council has developed its vision for this corner, it has been with the guidance of the Community Plan and comments from the area businesses and residents. It is Council's desire to do what is in the best interests of the entire community. The larger Dublin community has an interest in this area. He also agrees with Mr. Reiner that it does not make sense to offer extensive opinions or comments at this time, given the fact that this plan will undergo additional changes. Mr. McCash stated that Mr. Keenan commented that the opportunity was available for anyone to come in, but the only person who did so was Mr. Grabill. The City has not issued an RFP inviting the interest of other developers. He is not suggesting that the land continue to exist as empty greenspace. The point he was making is that the City has not sent out an RFP. In regard to public input, the document presented to Council contains a specific building footprint, which has been established with very little public participation in the overall design concept. He is concerned with that. Mayor Chinnici-Zuercher stated that it is the consensus of Council that the public input on this matter is critical. There is an appropriate time when public input begins and a process it follows. She presumes that even though a tentative, draft footprint has been suggested, historically, City Council allows ample opportunity for public input before voting on a plan that is so specific. The staff and Mr. King, representing Mr. Grabill, have noted the public comments tonight. It is the consensus of Council that these concerns are legitimate and need to be addressed adequately as Council proceeds. Personally, she enjoys the Historic District and spends time and money in the District. She would enjoy having more places retail, restaurants and social to RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC., FORM NO. 10148 February 22, 2005 Page 16 Held 20 visit in the District. No one is opposed to having more places, if there is a safe way for pedestrian movement. That is always the challenge, due to the major intersection in the Historic District. She encouraged Mr. King, Mr. Grabill and staff to continue r working on this proposal in a more inclusive manner, and to bring back a plan that addresses the issues raised this evening. Mayor Chinnici-Zuercher indicated that she would entertain a motion. Mrs. Boring moved to table Ordinance 13-05. Mr. Reiner seconded the motion. Vote on the motion: Mayor Chinnici-Zuercher, yes; Mr. Keenan, yes; Mr. Reiner, yes; Mr. McCash, yes; Mr. Lecklider, yes; Mrs. Boring, yes. INTRODUCTION/FIRST READING -ORDINANCES BID ACCEPTANCE Ordinance 14-05 Accepting the Lowest/Best Bid for the 2005 Scioto Park shelterhouses Improvement Project, and Appropriating Funds Therefor. Mr. Lecklider introduced the ordinance. Ms. Brautigam stated that favorable bids were received for this project. Mr. Hahn is available to respond to questions. Mr. Lecklider asked for a summary of what is planned in terms of improvements. Mr. Hahn stated that there are three existing shelterhouses at Scioto Park. This provides for renovation and improvements of the central and northern shelterhouses. It involves structural repairs as well as aesthetic improvements. The structures include exposed trusses, so there will be some enclosure of them and some decorative masonry work. There is some substantial replacement concrete work related to the central shelterhouse deck overlooking the Scioto River. This bid would also include electrical hook-ups for the central shelterhouse. These are rental shelterhouses for the public. Mr. Lecklider asked when the work would be completed. Mr. Hahn estimated that the work will be initiated in the spring and will run through the summer. Staff has worked to ensure that bookings were not made for this year to allow for the construction work. There will be a second reading/public hearing at the March 7 Council meeting. Ordinance 15-05 Accepting the Lowest/Best Bid for the 2005 Right-of-Way Landscape Installation Project. Mr. Lecklider introduced the ordinance. Mr. Hahn offered to respond to questions. This bid relates to filling in voids for existing beds within the rights-of-way. Mrs. Boring thanked staff for their efforts to bring the bids to Council in a timeframe which allows for two readings. There will be a second reading/public hearing at the March 7 Council meeting. OTHER • Final Plat (Amended) -Tartan West, Section 3 Mr. Bird stated that this amended plat accommodates minor lot adjustments for utilities. A memo was provided in the packet. Tom Anderson, applicant, offered to respond to questions. Mr. Lecklider moved approval of the amended plat. Mr. Keenan seconded the motion. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC., FORM NO. 10148 February 22, 2005 Page 17 Held 2D Vote on the motion: Mr. Keenan, yes; Mr. Lecklider, yes; Mr. McCash, yes; Mayor Chinnici-Zuercher, yes; Mrs. Boring, yes; Mr. Reiner, yes. • Tara Hill Area Traffic Calming Task Force Status Report Mr. Hammersmith introduced Randy Luikart, Chair of the Task Force, who will report on the efforts of the Task Force as summarized in the packet. The Task Force members were appointed in April of 2004 and their initial meeting was May 12, 2004. Subsequently, there have been 15 meetings, one open house, and much public participation and comments considered as they have developed a concept plan for traffic calming on Tara Hill Drive. Randy Luikart Chair, Tara Hill Area Traffic Calming Task Force presented a status report on their work to date. The document provided to Council reviews the steps that the Task Force and members of the study area have undergone this year. A number of substantial revisions have been made to the concept for traffic calming on Tara Hill and the surrounding area. There are a total of ten revisions, based upon interaction with the community. If there are questions about what has been accomplished at this point, he offered to respond. As noted in the memo, the Task Force is also requesting some additional funds to support the conclusion of the operation which should be ready for Council review by the first part of May. Mayor Chinnici-Zuercher asked about the next steps on page 3, where it states, "Respond to City Council input to this recommendation and modify proposed steps as necessary." Does this refer to just these six steps? She has not seen the f- recommendations. Mr. Luikart responded that if Council did have input tonight, it was the intent to factor that into plans going forward. It just related to the process. Mayor Chinnici-Zuercher noted that she is trying to understand the total potential cost of this plan. Mr. Hammersmith responded that the current estimated cost of the concept plan discussed at the last Task Force meeting is $670,000. This includes predominantly horizontal devices, including curb bump-outs, medians, traffic circles -with the intent of controlling speed and reducing volume on Tara Hill. Mayor Chinnici-Zuercher asked what additional costs are contemplated? Mr. Hammersmith responded that the additional funding for the consultant is needed to complete the concept plan to bring it forward for Council's consideration. Once Council approves the plan, the project would be considered for placement in the five-year capital plan for design and construction funding. Mr. Reiner asked if the report includes changing the Post/Avery-Muirfield intersection or improving Post Road? Mr. Hammersmith stated that the redirection of Post Road and improvement of the intersection at Post/Avery-Muirfield is a separate project. Mr. Reiner stated that in view of the cost of $600,000 to $2 million for traffic calming, how much of the problems would be mitigated by the use of Post Road? Is it factored into this study? Mr. Hammersmith responded that those items were considered extensively by the Task Force, but to quantify those is difficult. Those were considered to be secondary traffic calming measures. Another example would be a signal at Sells Mill and Muirfield Drive which would benefit the residents along the north side of the study area who currently drive south to access the signal at Tara Hill/Muirfield Drive. Another consideration is the reconfiguring of the intersection at Valley Stream, Avery, Tullymore and Muirfield Drive which would probably provide better access to the neighborhood. But to quantify these numbers and predict driver behavior would be difficult. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC., FORM NO. 10148 February 22, 2005 Page 18 Held 20 Mr. Reiner responded that he would feel foolish spending $1 or $2 million for traffic calming on Tara Hill and then found that reopening the left turn at Post Road would mitigate the problems. It is more desirable to route the traffic on Post Road with ` larger setbacks and few curb cuts versus a street such as Tara Hill. Mr. Hammersmith stated that the focus of the Task Force has not necessarily been on cut-through traffic. They would like to significantly reduce the volume on Tara Hill, but it is likely unrealistic as the cut-through volume is 21 percent. The real focus has been on controlling speed. Mr. Luikart agreed, noting that they recognize that reducing volumes is unlikely. They have opted to improve safety by controlling speeds. Mr. Reiner stated that he uses Post Road to avoid using Tara Hill. He believes that if the speed limit were raised on Post by 5-10 mph, that more would use it. Utilizing Post Road would likely reduce traffic volumes on Tara Hill where there are smaller setbacks and many curb cuts. Mr. Luikart commented that the Task Force discussed the volume reductions on Tara Hill resulting from opening the left turn at Post Road/Avery-Muirfield. However, with the Coffman Park expansion plans, there is the potential of diverting some traffic back onto Tara Hill. The Task Force would like the left turn opened up at Post/Avery as soon as possible, in conjunction with other traffic calming measures. However, there is a realization that in the long run, the opening of the left turn lane alone may not in itself be the total solution. Mr. Reiner commented that Post Road is a natural thoroughfare for the City. Mr. Keenan added that the corridor extends to the Post Road interchange. Mr. Lecklider pointed out that, in fact, it is a redundant corridor -Perimeter Drive, built at a cost of millions, was developed to de-emphasize Post Road. Mr. Keenan noted that Perimeter is already failing, however, and it has not reached build out at this point. Mr. Hammersmith noted that the intersection of Avery-Muirfield and Perimeter does need improvement. That has been planned, but it will be needed earlier than anticipated. It is challenging to make the corridor work, given the progression of intersections of Perimeter, Perimeter Loop and Post Road. Mrs. Boring commented that Perimeter was built to form a new corridor, but in view of the pace of development, perhaps the previous connections are still needed. She noted that she is concerned about the kind of expenses contemplated for the Tara Hill plan. In view of the improvements to the neighborhood which would result from the solutions, she believes it should be mandatory that the neighborhood cooperate by donating any land or right-of-way needed for the improvements. The improvements would be done in their best interest and this would save money for the City. Mr. Reiner asked if there is an estimate on how much right-of-way would be needed for the plan. Mr. Hammersmith responded that the detailed plan development has not been done and so he cannot provide this figure. However, 90-95 percent of what is being considered is within the existing right-of-way. He does not anticipate significant right-of-way acquisition, if any. Every effort will be made not to require additional right-of-way. Mr. Reiner emphasized that he concurs with Mrs. Boring, that the land should be donated if needed because it will increase the value of the neighborhood. Mr. Keenan congratulated the Task Force for their hard work on this project and working with the neighborhood. He asked if they believe it is possible to reach consensus on the solution. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC., FOAM NO. 10148 February 22, 2005 Page 19 Held 20 Mr. Luikart responded that the word "consensus" is appropriate, as there will always be some divergent viewpoints on this. He does believe they are trying to address the core of concerns in the best fashion possible to meet both the immediate needs of those who live on Tara Hill now and the long-term needs. Mr. Lecklider noted that he is a member of the Task Force and has greatly enjoyed being involved in this effort. The members are very dedicated and committed, and Mr. Luikart has done a tremendous job of leading the group. He thanked the other members of the Task Force present tonight. He has always envisioned that this effort will result in an enhancement to the neighborhood and an enhancement to the larger community. Mayor Chinnici-Zuercher noted that she is very surprised with the high cost per line item for the additional consultant fees for a Council presentation and for four task force meetings. In the future, she will want to give serious consideration to requests from neighborhoods for this type of work, which does not even take into consideration the staff costs. Mr. Hammersmith responded that this has been an exhaustive effort on the part of the consultant, and they have been cost conscious. It is an expensive endeavor. Mayor Chinnici-Zuercher commented that she is hopeful that this is tracked so that Council can take this into consideration in development of future policies for traffic calming. She is also very concerned about not receiving more information prior to the May 2 report from the Task Force. When does staff anticipate Council voting on such a plan? Mr. Hammersmith responded that the Task Force wants to present the concept plan on May 2. Council's next step would be determined at that time. The Task Force would like the opportunity to solicit public comment again on March 9 and then possibly schedule area meetings if needed. The Task Force is working to have a community endorsed planned for Council to consider on May 2. Mayor Chinnici-Zuercher emphasized that she is concerned that although the Task Force may have consensus from the neighborhood, the price tag may be enormous. Rather than providing an "all or nothing" package, perhaps options can be provided for Council to consider. She does not support phasing, in view of the experience with the Southwest traffic calming. In that case, many felt the traffic issues were addressed after some of the initial phases and investment, but were told that the remaining phases were still to be implemented. She is therefore reluctant to use the term "phasing." Mr. Hammersmith stated that the Task Force is considering a concept plan for Tara Hill Drive only and not the adjoining streets. However, they have discussed two phases of the project in order to make it more palatable. He could suggest to the Task Force that they forward the current concept plan and estimated costs which will be presented at the March 9 open house. Their desire was to bring forward a complete recommendation to City Council on May 2. Mr. Keenan added that this issue has the potential to fill Council Chambers when it is heard on May 2. In view of all of the monies invested in developing the concept " plan with the neighborhood, he will be interested in seeing how this works out. Mr. Lecklider pointed out that this process has been open in contrast to some other processes that the City has engaged in. The information from the meetings has been provided to all of Council through detailed minutes, through the website, etc. The Task Force will be happy to provide Council with whatever information they desire. Ms. Brautigam stated that in the March 7 Council packet, staff would provide the information currently available on the concept plan, including the cost estimates. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC., FORM NO. 10148 February 22, 2005 Page 20 Held 20 This can be included under "Other" at the next Council meeting if Council wants to have discussion. Mayor Chinnici-Zuercher invited public testimony. - Wallace Maurer, 7451 Dublin Road commented that in reviewing the minutes of the Task Force meetings, it appears that the attendance is shrinking, yet at the same time, they want to have twice as many meetings. He is wondering if the information is falling into fewer hands who are very specialized and who have done close study. It may turn out to be a hoped for consensus of just a few hands. Mr. Hammersmith stated that the March 9 meeting would be publicized via direct mailing to everyone in the affected area -Tara Hill Drive and a portion of the adjoining streets. Mr. Reiner asked for clarification. In talking about the ranges of expenses for the project, is the $2 million for all of the phases, or is that if all of the options are selected? Mr. Hammersmith responded that the current concept plan is for Tara Hill Drive, not for the adjoining streets. The total cost for this is estimated at $670,000. The Task Force is requesting funding for a license plate study to establish a benchmark for the adjoining streets regarding cut-through volumes to determine what happens on the adjoining streets after the Tara Hill calming is done. Mr. Reiner asked what the dollar amount includes. t Mr. Hammersmith will provide a memo with these details for the March 7 Council packet. Mrs. Boring asked if there are some things that could be done by the in-house staff versus using outside consultants. Mr. Hammersmith stated that it would be difficult to meet the time constraint with in house staff. The resources are not available. Mrs. Boring suggested that the local neighborhood meetings could be handled by Engineering staff. Mr. Hammersmith responded that R.D. Zande as the consultant has formulated the concept plan and they are the ones who will address the traffic related questions in terms of the analysis. Mr. Keenan moved to approve the additional $58,361 requested for the additional consulting engineering fees for the Tara Hill Area Traffic Task Force. Mr. Lecklider seconded the motion. Vote on the motion: Mrs. Boring, yes; Mr. Keenan, yes; Mr. Reiner, yes; Mayor Chinnici-Zuercher, yes; Mr. McCash, yes; Mr. Lecklider, yes. • Dublin Baptist Church Request for Pedestrian Crosswalk Ms. Brautigam stated that a request from the church was referred to the Engineering division. Mr. Hammersmith stated that the staff report outlines how staff will respond to the request for the crosswalk. Accompanying the staff report is a letter to be forwarded to the church, based on Council's concurrence with the staff's intent to evaluate this request. Mr. Hammersmith described the specifics of the crosswalk being requested in relation to the location. Mayor Chinnici-Zuercher stated that staff indicates in the draft response letter to the church that a study should be done to verify pedestrian counts and traffic volumes at the time of day referenced in their letter. What is the traffic count level that would indicate the need for such a pedestrian crossing? RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC.. FORM NO. 10148 February 22, 2005 Page 21 Held 2D Mr. Hammersmith responded that it is difficult to determine, as the intensity of traffic and gaps would need to be determined, including the time needed to cross at the various times of day. It is not based on total volumes during a 24-hour period. Mayor Chinnici-Zuercher commented that she does not understand the reference - about the City deviating from normal practices by granting a crosswalk to St. Brigid's and a local tavern. The crossing by the Dublin Library is a high volume area throughout the day, which is very different. What is the policy deviation referenced for St. Brigid? Mr. Hammersmith responded that the crosswalk at St. Brigid is in a school zone and is a raised crosswalk. Mayor Chinnici-Zuercher recalled that some raised crosswalks were being installed at other Dublin schools at that time and so it was added. Mr. Hammersmith stated that staff was not proposing contrasting this request with those two locations. Mayor Chinnici-Zuercher asked what the cost of the study would be. Mr. Hammersmith responded that R.D. Zande is working on a scope of services. They are under contract to do traffic operations consulting, but he does not have the estimate at this time. Mayor Chinnici-Zuercher asked if the party requesting such a study would have responsibility to share in the costs of the study. Mr. Hammersmith responded that typically, this has not been charged back to the individual requesting it. Such services are not included in the City's cost of services study. Mayor Chinnici-Zuercher noted that the church chose to own two properties on two sides of the streets, and yet the City is to bear the cost of pedestrian movement for them. Mr. Hammersmith responded that, typically, the City has borne the cost of these studies. Council can choose to handle this differently and have staff request reimbursement. Mayor Chinnici-Zuercher noted that she merely is clarifying that the City bears the costs of both the studies and the improvement. It is similar to the school redistricting which requires the City to pay monies for needed improvements to move the traffic based on school decisions. Mrs. Boring asked if the church is requesting a crosswalk light such as the one in Historic Dublin. Mr. Hammersmith stated that they are suggesting some type of warning indicator, but it will be evaluated on what is warranted. Mrs. Boring commented that she would not support having a flashing light in the middle of Coffman Road in this location. Mr. Keenan commented that the primary interest in having a crosswalk is the safety of the 150 youngsters crossing there on a Sunday or during weekday programs. Perhaps a crosswalk striping would be adequate - he is not certain. Mrs. Boring responded that if everyone wants a crosswalk at their point of business, it would be a problem. They should cross at an intersection such as Earlington. Mr. Keenan noted that these are children and the same safety issue would occur at a crossing at Earlington. Mrs. Boring stated that she does not endorse funding a study as she would not support having a crosswalk in this location. Mr. Keenan noted that an evaluation cannot be done without reviewing the situation. Mr. Hammersmith stated that staff would be looking at the merits to determine if it needs a striped pedestrian crossing at that location. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC., FORM NO. 10148 February 22, 2005 Page 22 Held 2D Mr. McCash commented that it would be more beneficial to the overall public good to install the crosswalk and light at Earlington and Coffman and take the sidewalk down to the high school versus this individualized approach. Mr. Keenan responded that it would not be utilized, in his opinion. His overall concern is with the 150 children who cross in this location. Mayor Chinnici-Zuercher noted that staff is requesting Council's support to send the response letter. Will staff return with a request for the study funding? Mr. Hammersmith responded that funds are budgeted for these types of studies. There was no objection from Council to the staff response letter and to proceeding with the study. Mrs. Boring asked if the church would be requested to share in the costs of the study. Mayor Chinnici-Zuercher responded that the policy at this time is not to have the costs of the study shared with the party requesting it. If she is proposing a change to the policy, that can be considered. Mrs. Boring stated that she would request a change to this policy in the future. • Northeast Quad Park Name Mr. Hahn reported that the memo outlines the process that staff will follow in this naming, based on the policy approved by Council. He confirmed that the "Kids Vote" process would be used for the final selection, after review by PRAC and Council. There was no objection to the process as proposed. CITY MANAGER/STAFF REPORTS • Proposed 2005 Street Maintenance Program Mr. Hammersmith highlighted the key areas of the proposed program. Aside from street reconstruction and resurfacing, some of the notable areas are Earlington Parkway, River Forest neighborhood and Dunniker Park Drive. There will be some limited curb improvements just off of Memorial Drive. Some streets were added due to accelerated deterioration from the weather: Avery Road near Tuswell, portions of Frantz Road, Parkcenter Avenue and Dublin Road south. Other projects of interest are the Brand Road shoulder improvement, bike path connection along the library in Historic Dublin, and northeast area bikepath connections as outlined in the memo. The sidewalk program will continue this year with $125,000 programmed. The total package is estimated at $2.2 million and staff anticipates a bid award on April 4. COUNCIL COMMITTEE REPORTS/COUNCIL ROUNDTABLE Mr. Keenan, Finance Chair reported that the Committee met this evening at 6 p.m. to review the Rec Center annual pass fees. The recommendation of the Committee, approved 2-1 was for a five percent across the board increase, effective January 1, 2006 and for no change in the tier structure. At the fall operating budget meeting, discussion would take place regarding a cost of living adjustment for each year. Mr. Keenan moved approval of the Committee report. Mr. Lecklider seconded the motion. Mrs. Boring stated that each year, the cost study is updated which includes the fees for the Rec Center. At the time the issue was referred to the Finance Committee, the direction was to review different options for the Rec Center pass tiers. She opposes the recommendation of a five percent across the board increase because she does not believe it is justified. The cost study is the process the City has used to justify increases. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC., FORM NO. 10148 _ February 22, 2005 Page 23 Held 20 Mr. Keenan responded that the last fee increase for the Rec Center passes was in July of 2004, and the Committee felt that the five percent increase was in line with current inflation rates. Mrs. Boring emphasized that the cost study analysis was not done to justify an across the board increase for all tiers of membership. Ms. Grigsby responded that the cost of services study is done annually. The last fee increase for the Rec Center passes was based upon that study. Based upon the information gathered this year, the need for an increase was borderline, and so staff did not make a recommendation for an increase. Staff is confident that they would recommend some type of increase next year. Mayor Chinnici-Zuercher noted that she had understood at the meeting that staff was anticipating recommending at least a five percent increase next year. Ms. Grigsby stated that staff would normally implement any increase on July 1 of each year, versus January 1. Vote on the motion: Mr. Lecklider, yes; Mr. Reiner, yes; Mr. Keenan, yes; Mrs. Boring, no; Mayor Chinnici-Zuercher, yes; Mr. McCash, no. (Motion carried 4-2) Mr. Reiner noted that he will be out of the country during the interviews for board and commission candidates and asked if Council could have a synopsis of those interviews before the 7 p.m. Council meeting on March 7 so that he could participate in the discussion regarding final selection. Mrs. Boring noted that she, too, will not be in attendance at the interviews and would appreciate this opportunity for discussion. It was the consensus of Council to meet at 6 p.m. on Monday, March 7 in executive session to discuss the results of the interviews. Mayor Chinnici-Zuercher reminded Council Members that Wednesday, March 2 is the State of the City presentation at the Abbey Theater and everyone should RSVP to the City Manager. The St. Patrick's Day Parade forms should be sent to the Community Relations division. ADJOURNMENT TO EXECUTIVE SESSION There being no further business, Mayor Chinnici-Zuercher moved to adjourn to executive session for discussion of land, legal and personnel matters. Mr. Reiner seconded the motion. Mayor Chinnici-Zuercher announced that the meeting would be reconvened only to formally adjourn. No further action will be taken. Vote on the motion: Mr. Reiner, yes; Mr. Lecklider, yes; Mr. McCash, yes; Mayor Chinnici-Zuercher, yes; Mr. Keenan, yes; Mrs. Boring, yes. The meeting was adjourned to executive session at 10:00 p.m. The meeting was reconvened and formally adjourned at 11:00 p.m. Mayor -Presiding Officer Clerk of Council