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HomeMy WebLinkAbout05/16/2005 RECORD OF PROCEEDINGS i f Meetin DAYTON LEGAL BLANK. INC.. FORM NO. 10148 May 16, 2005 20 Held Mayor Chinnici-Zuercher called the regular meeting of Dublin City Council to order at 7:00 p.m. on Monday, May 16, 2005 at the Dublin Municipal Building. PLEDGE OF ALLEGIANCE Mr. Keenan led the Pledge of Allegiance. ROLL CALL Present were: Mayor Chinnici-Zuercher, Vice Mayor Lecklider, Mrs. Boring, Mr. McCash, Mr. Keenan, Mr. Reiner, and Ms. Salay. Staff members present were: Ms. Brautigam, Ms. Grigsby, Mr. Smith, Mr. Ciarochi, Mr. Bird, Chief Epperson, Mr. Hammersmith, Mr. Harding, Mr. Hahn, Ms. Puskarcik, Ms. Hoyle, Mr. Richardson and Ms. Willis. APPROVAL OF MINUTES The approval of the May 2, 2005 Council meeting minutes was deferred to the June 6, 2005 Council meeting. SPECIAL RECOGNITION/PROCLAMATIONS Presidential Volunteer Service Awards Mayor Chinnici-Zuercher recognized Dublin volunteers who recently received the President's Volunteer Service awards. These awards are issued by the President's Council on Service and Civic Participation on behalf of the President of the United States to recognize the best in the American spirit, and to encourage all Americans to improve their communities through volunteer service and civic participation. Mayor Chinnici-Zuercher commended the following individuals for their hours of service: - Youth: Gretchen Jewell; Derek Schneider; Suraj Hinduja Adult: Tom and Sue Sevitz; Pearl Fisher President's Call to Service Award: Mike Disko, who has volunteered over 4,000 hours to the City since January, 1999. She thanked the award recipients for contributing their time to help make the City a wonderful place in which to live. Presentation of Gift from Lord Mayor of Dublin, Ireland -Stafford Family The Stafford family of Dublin, Ohio recently participated in a tour to Ireland and presented a proclamation from the Mayor of Dublin, Ohio to the Lord Mayor of Dublin, Ireland, Michael Conahan, on March 31, 2005. The Lord Mayor Conahan was very congenial, allowing opportunities for photographs, and extending to them a tour of the Lord Mayor mansion. The Lord Mayor also asked them to present on his behalf a gift to the Mayor of Dublin, Ohio - a personally autographed copy of the book, "A Celebration of Dublin -The First to the 21St Century." Mayor Chinnici-Zuercher thanked them for bringing the gift from the Lord Mayor. Senior Citizens Day - May 17, 2005 Mayor Chinnici-Zuercher presented a proclamation proclaiming Tuesday, May 17, 2005 as "Senior Citizens Day" in the City of Dublin, to Tom and Sue Sevitz, representing the Senior Citizens Group of Dublin. She noted that the senior citizens of Dublin contribute a substantial number of volunteer hours to the City each year. CORRESPONDENCE The Clerk reported receipt of a notice to legislative authority regarding a D5 liquor permit for Stoney River Legendary Steaks, Upper Metro Place. Council had no objection to the issuance of the liquor permit. CITIZEN COMMENTS FOR ITEMS NOT ON THE AGENDA Jack Price owner of the Dublin Barbershop, South High Street, stated that he has worked in Dublin for 36 years. He is retired, and his son is the current manager of the shop. When he first opened, the City's population was approximately 350, and there were minimal issues of concern. As Dublin grew, issues have developed, and the one he has been concerned with over the years is the volume of traffic on South High Street and the absence of crossing signs. On North High Street, there are a number of signs and a flasher light for a crosswalk. Over the years, he has assisted senior citizens and mothers with young children crossing South High Street to the parking lot. A few years ago, nine RECORD OF PROCEEDINGS Minutes of ~ ~ • Meeting DAYTON LEGAL BLANK, ING.. FORM NO. 10148 May 16, 2005 Page 2 Held critical parking spots immediately across from the barbershop were eliminated and turned into greenspace. While it is commendable to keep Dublin green, there are appropriate ways in which to do that. Taking those critical parking spaces was not the best way to accomplish that objective. He petitioned Council to find ways to return those spaces, and more, to the business district, and to add flasher lights, crossing signs or street markings in that area. He was told by an Engineering staff member that flashing lights could not be included at a crossing, because they would be too close to the intersection. Nevertheless, something needs to be done before there is a serious accident. Mayor Chinnici-Zuercher noted that last week, the Historic Dublin Team presented their report and recommendations to City Council. She suggested that staff share that report and recommendations with Mr. Price. After reviewing the report, Mr. Price could contact staff with any questions/comments. Mayor Chinnici-Zuercher noted that due to the size of the agenda and the number of items • that Mr. Maurer has signed up to speak on, his speaking time will be limited to three minutes per topic tonight. Wallace Maurer. 7451 Dublin Road stated that this past Wednesday, he met with the Law Director for an hour to discuss the protocol that was followed in the dismissal of the former City Engineer. The issue hinges upon the interpretation of two clauses within the City Charter: 1. In Section 5.04(g) - "The City Manager must submit to Council and make available to the public complete records of the finances and administrative activities of the City," and 2. In Section 5.04(h) - "The City Manager must make available such other reports as Council may require concerning the operations of City departments, divisions, offices, boards, commissions, bureaus and agencies." The Law Director contends that it is necessary to understand the framework within which municipal government operates in this State. It is governed by a clause in the Ohio constitution that states: "Municipalities shall have authority to exercise all powers of local self government and to adopt and to enforce within their limits such local police, sanitary and other similar regulations, as are not in conflict with general laws." That provision has resulted in some disagreements between the municipalities and the State, which resulted in municipalities seeking home rule. Mayor Chinnici-Zuercher noted that Mr. Maurer's three minutes had expired. LEGISLATION SECOND READING/PUBLIC HEARING -ORDINANCES POSTPONED ITEM LAND EXCHANGE Ordinance 13-05 Authorizing the Exchange of Land with Grabill 8~ Company, LLC for Commercial Development and Parking Improvements in the Dublin Historic District. Ms. Brautigam stated that City staff has been working with the developer the last several months on this proposal. Last week, staff was informed that due to the economies of this proposal, the developer requests that the issue be tabled indefinitely. Mr. Reiner moved that Ordinance 13-05 be removed from the agenda and tabled indefinitely. Ms. Salay seconded the motion. Mr. McCash stated that he would prefer that Council defeat the legislation versus tabling it indefinitely in order to allow the opportunity for other development proposals for the site. Mr. Smith responded that removing it from the agenda and indefinitely tabling it accomplishes the same result. There is no final proposal for Council to vote upon, as the negotiation process was terminated. Mr. McCash clarified for the record that should Council remove Ordinance 13-05 from the agenda and table it indefinitely, this development proposal has been eliminated. RECORD OF PROCEEDINGS f Meetin_ DAYTON LEGAL BLANK, INC.. FORM NO. 70148 May 16, 2005 Page 3 Held Mayor Chinnici-Zuercher further clarified for the record that the Law Director has advised Council that the wording of the motion effectively provides the opportunity for other proposals to be considered for this site. Mrs. Boring responded that she recalls previous "tabled indefinitely" proposals that continued to appear on subsequent agendas as tabled items. Therefore, she concurs with Mr. McCash that rejecting the proposal would result in more clarity for the record. Mr. Smith stated that the legislation could be formally withdrawn. Mr. McCash stated that if the ordinance is tabled and returns to Council in two years, it would have the same ordinance number. However, if the proposal is withdrawn and the developer should desire to revive the proposal at a later date, it would be introduced as new legislation. Mr. Smith concurred. Mr. Lecklider stated that if any item is tabled, there is nothing to prevent it being removed from the table at a later meeting. It allows an opportunity to obtain more information about a particular matter. Mr. Reiner moved to amend his motion of removing this from the agenda and tabling indefinitely to withdrawing Ordinance 13-05. Mr. Keenan seconded the motion. Vote on the motion: Mr. McCash, yes; Mayor Chinnici-Zuercher, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr. Keenan, yes; Ms. Salay, yes; Mr. Lecklider, yes. CODE AMENDMENT Ordinance 69-04(Amended) Amending the Development Standards and Approval Criteria in Section 153.115 of the Dublin Codified Ordinances (Zoning Code) -Corridor Development District. (Case 04-080ADM) Mr. Bird stated that this ordinance was referred to the Planning Commission for review and received a second hearing/public hearing by Council on January 31, 2005. Council moved to amend the ordinance to require Planning Commission review of all CDD signage, whether in a planned district text or not and referred the amended ordinance to the Planning & Zoning Commission for review. After review on May 5, 2005, the Planning Commission recommends approval of the amended ordinance with the following clarifying language: "That the signage shall take into account architectural style, general design, arrangement, texture, material and color so that the image of Dublin is maintained as a quality community. Evaluation of a project shall be based on the quality of its design and its relationship to its surroundings." In addition to the revised language, the Planning Commission offers two suggestions: 1. That City Council review the fees for signage in the Corridor Development District to ensure that they are fair and reasonable to both the City and the applicant. 2. That the Corridor Development District regulations procedurally recognize that there will be a new Community Plan and have a revised ordinance in place so that the Commission can review a preliminary plan, permit the applicant to work with staff to revise the plan, and return to the Commission for final plan approval. Ms. Salay inquired how this would impact the process for Planning staff and the Planning Commission. Mr. Bird responded that signs in a Corridor Development District that are in conformance with the Sign Code would now undergo review by the Planning Commission. Ms. Salay inquired if the Planning Commission would now have discretion concerning materials, color and shape to match the architecture of a building or the surrounding land uses. RECORD OF PROCEEDINGS f Meetin DAVTON LEGAL BLANK. INC., FORM NO. 10148 May 16, 2005 Page 4 Held 20 Mr. Bird affirmed this. Mr. Keenan inquired if the Corridor Development District extends to Sawmill Road. Mr. Bird confirmed that it does. Mr. Keenan inquired how this provision would impact the name changes on signs in Dublin Village Center. Mr. McCash stated that the ordinance does not impact sign changes made prior to the effective date of the ordinance. Mrs. Boring stated that the Planning Commission discussed the possibility of extending the required review to areas other than the CDD. Mr. McCash noted that the Corridor Development District is bounded by I-270, Martin Road, Riverside Drive and Sawmill Road. However, the CDD should be expanded north of I-270 and include some other areas. That was to be considered with the Community Plan update. Mr. Bird stated one of the two recommendations made by the Planning Commission is to require a preliminary plan for new development in a CDD. Mrs. Boring noted that, fortunately, all development north of I-270 has been in a planned district, but the Planning Commission is concerned that the Sign Code is not being enforced in that part of the City with the result that its appearance is not consistent with the remainder of Dublin. Mr. McCash inquired if, currently, there is not a separate fee for review of proposed signage changes within a CDD. Mr. Bird responded that there is not a separate fee. Presently, a minor modification to a CDD is $770. All others are $1,600. There would be the additional cost of a sign permit, which is $270. Mr. McCash requested that staff review the costs for sign modification to determine that they are equitable. Wallace Maurer, 7451 Dublin Road testified that he is concerned that the overall guideline for signage in Dublin is that it "maintains the image of Dublin as a quality community." Council advised him that the appropriate forum in which to discuss that concern would be the Community Plan update meetings. Therefore, he will attend those meetings. Vote on the Ordinance: Mr. Reiner, yes; Mr. Keenan, yes; Mrs. Boring, yes; Mayor Chinnici-Zuercher, yes; Ms. Salay, yes; Mr. McCash, yes; Mr. Lecklider, yes. LAND ACQUISITION/EASEMENTS Ordinance 25-05 Authorizing the City Manager to Accept and Receive a 1.255 Acres, More or Less, Fee Simple Interest, and a Combined 0.298 Acres, More or Less, Temporary Construction Easement, Donated by the Board of Education, Dublin Local School District, Located on the West Side of Manley Road aka Avery Road, City of Dublin, County of Delaware, State of Ohio. Ms. Brautigam noted that this ordinance relates to the Glick/Manley/Avery Road Roundabout Project. Vote on the Ordinance: Ms. Salay, yes; Mr. Lecklider, yes; Mr. Reiner, yes; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes; Mr. McCash, yes; Mrs. Boring, yes. Wallace Maurer, 7451 Dublin Road inquired if the large building in the aerial photograph is a school, and if the project would impact any residents. Mayor Chinnici-Zuercher responded that two Dublin Schools properties are the only parties impacted, and they have been involved in the discussions. Mr. Reiner inquired if the property was donated to the City of Dublin from the residents of Muirfield at no cost to the City. Mr. Hammersmith confirmed that the Muirfield Association did secure approval for conversion of reserve areas to City right-of-way where needed. RECORD OF PROCEEDINGS f Meetin DAYTON LEGAL BLANK. INC.. FORM NO. 10148 May 16, 2005 Page 5 Held 20 Mayor Chinnici-Zuercher expressed thanks to the Muirfield Association on behalf of the City. Ordinance 26-05 Authorizing the Purchase of a 0.0024 Acre, More or Less, Fee Simple Interest, and a 0.040 Acre, More or Less, Temporary Construction Easement, from Saltergate N-W Investment Co., Ltd., Located East of Sawmill Road and North of Saltergate Drive, City of Columbus, County of Franklin, State of Ohio. Ms. Brautigam stated that this is for the extension of Emerald Parkway to Sawmill Road. Mrs. Boring inquired if the City of Columbus is cooperating with Dublin on this project. If Dublin is constructing the intersection, she is surprised that Dublin must also purchase the land. Mr. Hammersmith responded that Columbus has indicated that if Dublin desires to improve the intersection, Dublin must purchase the right-of-way. Mr. McCash stated that if Dublin buys this 0.0024 acre section, does Dublin control it, or is it necessary to give control to Columbus? Mr. Smith stated that it would not be in Dublin's best interest to have the liability for the intersection. Vote on the Ordinance: Mrs. Boring, yes; Mr. Keenan, yes; Mr. Reiner, yes; Ms. Salay, yes; Mayor Chinnici-Zuercher, yes; Mr. Lecklider, yes; Mr. McCash, yes. FEE ORDINANCE AMENDMENT Ordinance 27-05 Amending Ordinance 79-04 to Revise the Fees for Season Passes to the Dublin Community Recreation Center in Appendix A of the Schedule of Fees and Service Charges for City of Dublin Services. Ms. Brautigam stated this legislation would authorize a five percent increase in the cost of season passes effective January 1, 2006. The last increase was effective July 1, 2004. At the last Council meeting, a question was raised concerning the impact on college students. The college student pass was created by the City for those students who are not included in family memberships. With the season pass, the college student pays a discounted individual rate. Wallace Maurer. 7451 Dublin Road inquired if the Community Recreation Center charges a walk-in fee, or if fees apply only to participation in Recreation Center activities. Mayor Chinnici-Zuercher responded that there is no walk-in fee unless someone is using the facilities. Vote on the Ordinance: Mayor Chinnici-Zuercher, yes; Mr. Keenan, yes; Mr. Reiner, yes; Ms. Salay, yes; Mr. McCash, yes; Mr. Lecklider, yes; Mrs. Boring, no. INTRODUCTION/FIRST READING -ORDINANCES CODE AMENDMENT Ordinance 28-05 Amending Sections 152.002, 153.002, 153.074(E), and 153.141 of the Dublin Codified Ordinances Regarding No-Build Zones. (Second reading/public hearing to be scheduled following receipt of recommendation from Planning & Zoning Commission) Ms. Salay introduced the ordinance. Mr. Smith stated that this ordinance responds to Council's direction to remove swing sets and play structures from the list of prohibited items in the no-build zones. Other sections of the Code impacted by the change in wording were also revised. Mr. McCash noted that Council was concerned about a quick fix to the swing set issue, but they have not addressed some of the bigger issues, such as appropriate location of the swing sets in relationship to adjoining property owners. In addition, the definition of a play structure has not yet been determined. This will be referred to the Planning and Zoning Commission for review. He requested that the Commission develop that definition, and take time for a thorough review and discussion to amend this section to what is appropriate for Dublin. Ms. Salay agreed. For example, she would assume that any landscaping would be permitted as long as it did not constitute a fence, per City Code. RECORD OF PROCEEDINGS i Meetin DAYTON LEGAL BLANK. INC.. FORM NO. 10148 May 16, 2005 Page 6 Held 20 Mr. Smith responded that is another issue still under review. At this point, only the issue of play structures is addressed. This is one of approximately 8 or 9 related issues still under review, including trampolines and playhouses. The additional issues will be addressed in later legislation. Mr. McCash noted that in the Architectural Review District, the definition of a structure is anything above or below the ground, the installation of which requires review and approval by the Architectural Review Board. Mayor Chinnici-Zuercher clarified that Ordinance 28-05 would be referred to the Planning Commission for approval of the amendment as written. Mr. Keenan stated that the definitions are critical, as all future interpretations are dependent upon them. Mrs. Boring stated that she is disappointed that the Planning Department could not locate the earlier minutes of the Planning Commission discussion regarding swing sets in the no- build zones. She was present at that lengthy discussion. James McHale, 7513 Maynooth Drive, stated that he has a personal scenario with the play structure issue. The adjoining property owner had placed a trampoline two to three feet over the property line. It extends onto Mr. McHale's property, and is only six feet from his patio. Mr. McHale finds the play structure very intrusive and it greatly diminishes his family's ability to enjoy their backyard from a privacy standpoint and from an entertaining perspective. He would much prefer the neighbor behind him place a play structure in the rear no-build zone, than to have one placed immediately next door, partially in his yard. Mr. Reiner moved to refer Ordinance 28-05 to the Planning Commission for review and recommendation. Mrs. Salay seconded the motion. Vote on the motion: Mayor Chinnici-Zuercher, yes; Mr. Keenan, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr. McCash, yes; Ms. Salay, yes; Mr. Lecklider, yes. Ms. Salay inquired about the anticipated timeframe for the legislation on the other related issues. Mr. Smith responded that Ordinance 28-05 would be scheduled immediately on the Planning and Zoning Commission agenda. He will report back to Council on an anticipated timeframe for the other issues. A second reading/public hearing will be scheduled following receipt of a recommendation from Planning & Zoning Commission. CASH ON HAND FOR CHANGE FUNDS Ordinance 29-05 Establishing the Location and Amount of Cash on Hand for Change Funds and Declaring an Emergency. Ms. Brautigam stated that in order to accommodate more efficient and effective cash handling at the City's two outdoor pools during the summer, it is necessary to increase the amount of cash held in those two change funds. Mayor Chinnici-Zuercher inquired if staff members who handle money are bonded. Ms. Grigsby responded that the City's liability insurance provides that protection. Ms. Salay inquired if there are procedures in place to restrict access. Ms. Grigsby responded that procedures are in place to restrict access, control opening/closing of the safe, daily deposit of cash receipts and close-out at year end. Mr. McCash asked why this could not be handled as an administrative action, rather than a Council action. Ms. Grigsby responded that the Auditor's review includes verification of Council's authorization for this change. RECORD OF PROCEEDINGS Meetin DAYTON LEGAL BLANK. INC.. FORM NO. 10148 May 16, 2005 Page 7 Held 20 Mayor Chinnici-Zuercher inquired if the only change made by this legislation is the change funds at the two pools. Ms. Grigsby responded that it also eliminates the change fund for Avery Park and the Court Services petty cash fund. Ms. Salay moved to dispense with the public hearing and treat the legislation as an emergency. Mr. Lecklider seconded the motion. Vote on the motion: Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes; Mr. Reiner, yes; Mr. McCash, yes; Mrs. Boring, yes; Ms. Salay, yes; Mr. Lecklider, yes. Vote on the Ordinance: Mrs. Boring, yes; Mr. Lecklider, yes; Mr. Reiner, yes; Mr. Keenan, yes; Mr. McCash, yes; Mayor Chinnici-Zuercher, yes; Ms. Salay, yes. PETITION FOR ANNEXATION OF FOR CITY-OWNED LAND Resolution 14-05 Authorizing the Petition for Annexation of 2.754 Acres, More or Less, Located on Hyland-Croy Road, Between Brock and McKitrick Roads, Which was Formerly Owned by Todd and April King and Purchased by the City, Located in Jerome Township, Union County, to the City of Dublin. Mr. Smith stated that this annexation involves the water tower site to serve the Tartan West development. Because it is municipally owned land, it can be annexed expeditiously within 30 days, rather than 60 days, with assurance of County Commissioner approval. The new water tower will then be located within the City and governed by City regulations. He added that bid approval for the construction is on tonight's agenda. Ms. Salay inquired if this site would also come into Washington Township. Mr. Smith responded that it would not be brought into Washington Township, but would remain in Jerome Township, per the state statute. Vote on the Ordinance: Mr. Lecklider, yes; Mr. Reiner, yes; Mr. McCash, yes; Ms. Salay, yes; Mrs. Boring, yes; Mayor Chinnci-Zuercher, yes. APPROPRIATIONS/EASEMENTS Resolution 15-05 Intent to Appropriate a 0.024 Acre, More or Less, Fee Simple Interest, from Patricia S. Barry, Located East of Dublin Road, City of Dublin, County of Franklin, State of Ohio. (Brand Road/Dublin Road Roundabout) Resolution 16-05 Intent to Appropriate a 0.224 Acre, More or Less, Temporary Construction Easement, from Jack T. Compton and Elizabeth L. Compton, Located East of Dublin Road, City of Dublin, County of Franklin, State of Ohio. (Brand Road/Dublin Road Roundabout) Resolution 17-05 Intent to Appropriate a 0.023 Acre, More or Less, Temporary Construction Easement, from Richard J. Martorano and Linda M. Martorano, Located West of Dublin Road and South of Brand Road, City of Dublin, County of Franklin, State of Ohio. (Brand Road/Dublin Road Roundabout) Resolution 18-05 Intent to Appropriate a 0.437 Acre, More or Less, Fee Simple Interest, and 0.132 Acre, More or Less, Temporary Construction Easement, from A.E. Wallace Maurer, Located West of Dublin Road and North of Brand Road, City of Dublin, County of Franklin, State of Ohio. (Brand Road/Dublin Road Roundabout) Resolution 19-05 Intent to Appropriate a 0.130 Acre, More or Less, Temporary Construction Easement, from Mary O. Segner, Located East of Dublin Road, City of Dublin, County of Franklin, State of Ohio. (Brand Road/Dublin Road Roundabout) Resolution 20-05 Intent to Appropriate a 0.167 Acre, More or Less, Temporary Construction Easement, from Ruth Ann Thomas, Located West of Dublin Road and North of Brand RECORD OF PROCEEDINGS Meetin DAYTON LEGAL BLANK. INC.. FORM NO. 10148 May 16, 2005 Page 8 Held 20 Road, City of Dublin, County of Franklin, State of Ohio. (Brand Road/Dublin Road Roundabout) Resolution 21-05 Intent to Appropriate a 0.059 Acre, More or Less, Temporary Construction Easement, from Malcolm D. Thorburn and Sally Thorburn, Located West of Dublin Road and South of Brand Road, City of Dublin, County of Franklin, State of Ohio. (Brand Road/Dublin Road Roundabout) Mayor Chinnici-Zuercher introduced Resolutions 15-05 through 21-05, and moved to waive the Rules of Order regarding "reading by title only", and asked the Clerk to read the names of the property owners into the record, and noted that they will be voted upon together. The Clerk of Council read the property owners names into the record. Ms. Salay seconded the motion. Vote on the motion: Mrs. Boring, yes; Mr. Reiner, yes; Mayor Chinnici-Zuercher, yes; Mr. McCash, yes; Mr. Lecklider, yes; Ms. Salay, yes; Mr. Keenan, yes. Mr. Smith stated that these easements are necessary for the construction of the Brand Road/Dublin Road roundabout. Staff are in the process of meeting with each of the property owners in an attempt to negotiate a mutually agreeable price. In the event that is not possible, legislation to appropriate the land is necessary. The intent is to build this roundabout and the Glick/Manley Road roundabout during the summer months. Wallace Maurer. 7451 Dublin Road stated that there is a discrepancy between the property description on the agenda and the title of Resolution 18-05, which relates to his property. The Clerk will ensure that the description in the title is correct on all the Resolutions. Mr. Maurer stated that when the bikepath project was planned for his neighborhood, City staff held an informational meeting with all of the affected property owners. Did that occur with this project? Mr. Smith responded that meeting did occur in 2003. However, since then the project design was amended to move the roundabout slightly northwest, therefore, the list of affected property owners at that time is not the same as the affected property owners at this time. Mr. Keenan inquired if these are all temporary construction easements. Mr. Hammersmith responded that two properties, those of Mr. Maurer and Ms. Barry involve permanent right-of-way. Mr. Keenan inquired if vegetation would be removed for the temporary construction easement, and if so, will it be restored? Mr. Hammersmith responded that in some cases that would occur. Mr. Smith noted that in almost all cases, when the City completes a project, the restoration is an improvement over what existed previously. Vote on Resolutions 15-05 through 21-05: Mrs. Boring, yes; Mr. Keenan, yes; Mr. Reiner, yes; Mayor Chinnici-Zuercher, yes; Ms. Salay, yes; Mr. McCash, yes; Mr. Lecklider, yes. Resolution 22-05 Intent to Appropriate a 0.014 Acre, More or Less, Temporary Construction Easement, from American Italian Golf Association, Located West of Avery Road, City of Dublin, County of Franklin, State of Ohio. (Glick-Avery-Manley Road Roundabout) Resolution 23-05 Intent to Appropriate a 130 S.F., More or Less, Fee Simple Interest, and. a 330 S.F., More or Less, Temporary Construction Easement, from Mark H. Decello and Jennifer Decello, Located West of Manley Road and South Of Glick Road, City of Dublin, County of Franklin, State of Ohio. (Glick-Avery-Manley Road Roundabout) Resolution 24-05 Intent to Appropriate a 0.408 Acre, More or Less, Fee Simple Interest, and a 0.006 Acre, More or Less, Temporary Construction Easement, from Kroger Co., Located East of Manley Road and North of Glick Road, City of Dublin, County of Franklin, State of Ohio. (Glick-Avery-Manley Road Roundabout) RECORD OF PROCEEDINGS f Meetin_ DAYTON LEGAL BLANK. INC., FORM NO. 10148 May 16, 2005 Page 9 Held 20 Resolution 25-05 Intent to Appropriate a 1140 S.F., More or Less, Temporary Construction Easement, from Ulysses Magalang and Katherine Magalang, Located East of Manley Road and North of Glick Road, City of Dublin, County of Franklin, State of Ohio. (Glick-Avery- Manley Road Roundabout) Resolution 26-05 Intent to Appropriate a 840 S.F., More or Less, Temporary Construction Easement, from Mary Elizabeth Spota, Located East of Manley Road and North of Glick Road, City of Dublin, County of Franklin, State of Ohio. (Glick-Avery-Manley Road Roundabout) Mayor Chinnici-Zuercher introduced Resolutions 22-05 through 26-05, moved to waive the Rules of Order regarding "reading by title only", asked the Clerk to read the names of the property owners into the record, and noted that they will be voted upon together. The Council Clerk read the names of the property owners into the record. Vote on Resolutions 22-05 through 26-05: Mrs. Boring, yes; Mr. Keenan, yes; Mr. Reiner, yes; Mayor Chinnici-Zuercher, yes; Ms. Salay, yes; Mr. McCash, yes; Mr. Lecklider, yes. Resolution 27-05 Intent to Appropriate a 0.616 Acre, More or Less, Waterline Easement, from Sandra Jean Kesterson, Trustee, and Glenn J. Hoffman, Trustee, Located East of Hyland Croy Road and North of McKitrick Road, City of Dublin, County of Union, State Of Ohio. (Hyland Croy Waterline Easement) Resolution 28-05 Intent to Appropriate a 0.373 Acre, More or Less, Waterline Easement, from Anna James, Located East of Hyland Croy Road and North of McKitrick Road, City of Dublin, County of Union, State of Ohio. (Hyland Croy Waterline Easement) Mayor Chinnici-Zuercher introduced Resolutions 27-05 through 28-05, moved to waive the Rules of Order regarding "reading by title only," asked the Clerk to read the names of the property owners into the record, indicating that these would be voted upon together. Ms. Salay seconded the motion. Vote on the motion: Mrs. Boring, yes; Mr. Reiner, yes; Mr. Lecklider, yes; Ms. Salay, yes; Mr. Reiner, yes; Mr. McCash, yes; Mayor Chinnici-Zuercher, yes. Mr. Hammersmith stated that these are easements for the waterline construction that will serve the Tartan West water tower. Mrs. Boring stated that she can identify on the map the easement but not the connection to the water tower. How will that occur? Mr. Hammersmith responded that a public street will be constructed along the north side of the elementary school site. The waterline will be run along the public street to the water tower. Vote on Resolutions 27-05 and 28-05 : Mrs. Boring, yes; Mr. Lecklider, yes; Mayor Chinnici-Zuercher, yes; Mr. Keenan, yes; Ms. Salay, yes; Mr. Reiner, yes; Mr. McCash, yes. TARA HILL TRAFFIC CALMING Resolution 29-05 Adopting the Tara Hill Area Task Force Traffic Calming Recommendations and Concept 11 Traffic Calming Plan. Ms. Brautigam noted that Council discussed the traffic calming recommendations of the Tara Hill Area Task Force at the last Council meeting. Following discussion, they adopted the Task Force report and recommendations. Following the meeting, however, staff decided to bring back a formal resolution for Council adoption to clarify exactly what had been approved in their action of May 2. RECORD OF PROCEEDINGS Meetin DAYTON LEGAL BLANK, INC_ FORM NO. 10148 May 16, 2005 Page 10 Held 20 Jeannie Willis, Assistant City Engineer, stated that Resolution 29-05 summarizes the intent and recommendations of the Tara Hill Area Traffic Calming Task Force and formalizes the approval given at the May 2 Council meeting: • That the Task Force-endorsed and recommended traffic calming plan, Concept 11, is the preferred traffic calming plan for Tara Hill Drive. • That Concept 11 will be considered for inclusion in the 2006-2010 Capital Improvement Program process for construction in 2006 or in the earliest year possible. • That post traffic calming evaluation studies will be performed on the following streets: Adventure Drive, Roscommon Road, Sells Mill Drive, Shady Nelms Drive, Downpatrick Drive, and Tara Hill Drive to determine the effect of the traffic calming project on Tara Hill to these streets. • That targeted enforcement on Tara Hill Drive will continue until the traffic calming project is complete. • That the City will study improvements for Avery-Muirfield Drive at Tullymore Drive and Avery Road intersections. • That the redirection of Post Road to Commerce Parkway and installation of the southbound left turn on Avery-Muirfield Drive at Post Road will be concurrent with the traffic calming project on Tara Hill Drive. • That the intersection of Muirfield Drive at Sells Mill Drive will be monitored for intersection improvements. • That the intersection of Coffman Road and Brand Road will be evaluated for intersection improvements at the earliest time possible. Mr. McCash stated that he expressed concern about the effect of this traffic calming on the streets on the east side of Tara Hill Drive, such as Valleystream and Fallen Timbers, which would be used as scut-through to the school. However, he did not see either Valleystream or Fallen Timbers listed for post evaluation. Ms. Willis responded that those streets are narrower, and it would be difficult to implement horizontal traffic calming. However, vertical traffic calming would be a possibility. The resolution indicates that if any adjacent neighborhood street complains that the Tara Hill traffic calming has negatively impacted their street, staff would evaluate the situation and take appropriate action. Mr. McCash noted that clarification should be made that if there are concerns, the City will evaluate and address them. That may not include traffic calming on that street as an option. Mr. Lecklider clarified that Resolution 29-05 is consistent with the plan and recommendations approved by Council at the May 2 meeting. Mr. Keenan inquired if the intent is to install the traffic calming all at one time, or to phase it in. If the project were completed in phases, evaluation would follow each of the various phases. Mr. Hammersmith responded that the Task Force recommended that the project be completed at one time. Mr. Keenan stated if the project is completed and spill-over traffic onto other streets results, it is too late to address it. He has received emails from concerned residents on adjacent streets. He agrees with the comment made by the Mayor at the May 2 meeting that it would seem wise to determine the impact on the Tara Hill traffic of the anticipated left turn from southbound Avery-Muirfield Drive to Post Road before installing the traffic calming devices on Tara Hill Drive. Although the Task Force plan has been approved, the CIP funding process has yet to occur. The resolution indicates that it is to be programmed RECORD OF PROCEEDINGS f Meetin_ DAYTON LEGAL BLANK. INC.. FORM NO. 10148 May 16, 2005 Page 11 Held in the CIP 2006 - 2010. Doesn't that mean the construction is completed in phases over that time period? Mr. Hammersmith commented that it would be difficult to determine the impact on the adjacent streets. Ms. Salay stated that the Task Force had a lengthy discussion concerning phasing of the traffic calming project in 2 or 3 phases. The consultants pointed out that there is no effective way for that to work. Mr. Lecklider noted that this is not like the Southwest Traffic Calming, where each phase complements the other. Mrs. Boring stated that she has received emails from residents who are concerned about the two mini traffic circles in close proximity to one another and about the numerous curb bulbs. The overall perception was that this plan contains more traffic calming than is necessary. Others pointed out that everyone who has purchased a home on Tara Hill was aware of the fact that it is a collector road. However, this plan will encourage drivers not to use the collector road, but to use Adventure Drive to avoid the traffic calming. That is unfair to many of the residents who made conscious choices. There is also concern about reduced access for emergency response vehicles and snow removal vehicles. In consideration of the expense involved and the impact on the neighbors, it would seem appropriate to slow down the process. She agrees with Mr. Keenan that phasing the process in some way would be helpful. Finally, she does not believe two traffic circles should be installed in such close proximity to one another -two houses apart. Mr. McCash stated that he was relieved to see that the plan includes horizontal rather than vertical devices. In his opinion, volume on Tara Hill cannot be reduced significantly because it is the collector street for the entire neighborhood. His only hesitancy is the impact it may have on the adjacent streets. He believes this plan will, however, accomplish the objective of slowing traffic to the posted 25 mph limit. The only other option was to use police enforcement of the speed limit. In summary, he is now more comfortable with the plan. Ms. Salay stated that the plan is not expected to dramatically reduce traffic volume on Tara Hill Road. Improvements to other area streets may do so in the future. She noted that there is a critical difference between cut-through traffic and neighborhood traffic, and she does not believe that traffic patterns would be altered for cut-through traffic, only for traffic within the neighborhood. Finally, although Tara Hill Drive is a collector street, the residents do have the right to expect traffic not to exceed the speed limit of 25 mph. And that is what this plan is expected to achieve. The devices have been placed 300 to 600 feet apart to prevent vehicles from achieving a greater speed between the devices. Mrs. Boring stated that on the section between Adventure and Shady Nelms, there is a traffic circle, a pavement treatment, two curb bulbs and a second traffic circle. Ms. Salay responded that when she saw the plan, her initial impression was also that it contained a lot of traffic calming devices. However, after experiencing the tour of sample devices within the area, her impression changed. They work effectively yet comfortably to change driver behavior. Mrs. Boring stated that the cost of this plan is enormous, yet the Task Force objects to phasing. The indication was that 300 - 600 feet between traffic devices is preferred. Why then are there five devices within the length of two lots -decidedly less than the prescribed distance. That would constitute overkill. Ms. Salay noted that a pair of bump-outs serves as one device. Mr. Hammersmith stated that the reason Concept 11 was the recommended plan is that there were several efforts to balance the traffic calming measures along with driveways, on-street parking, crosswalks, etc. Concept 11 works with all those constraints. The spacing between devices was carefully studied. Removing one device reduces the effectiveness of the plan. An important point to remember is that these are "soft" devices. RECORD OF PROCEEDINGS Meetin DAYTON LEGAL BLANK. INC., FORM NO. 10148 May 16, 2005 Page 12 Held 20 Because they redirect traffic, it is necessary that they be closer together. Speed humps are more aggressive devices, so they can be placed further apart. Mr. Lecklider noted that he does not want to make light of the cost of this project, but later on the agenda, there is a project consisting of one bikepath tunnel with a cost of $437,000. Mayor Chinnici-Zuercher stated that at some later time, she would like Council to address the issue regarding the process of task force presentations and recommendations made to Council, and what Council's approval consists of. Earlier, Mr. Lecklider asked why these questions were being brought forward tonight, and not at the last meeting when the Task Force formally presented their plan. In response to that, she is not able to intelligently frame questions during the initial presentation of a plan. For that reason, her opinion is that the Council "approval" represented acceptance of the overall report; it does not constitute approval of every component of the report. Council needs time to thoroughly consider those items before giving approval. The Task Force members have had a long time to become knowledgeable on the issue. Council Members not serving on the task force also need time to assimilate that information provided and think through the recommendations. In addition, although there was no public input at the last Council meeting nor tonight, Council members have received a great deal of citizen emails in opposition to this plan. Council cannot vote on specific recommendations without public input. Mr. McCash responded that there was public input at all the Task Force meetings. Mayor Chinnici-Zuercher stated that the Task Force receiving public input is a separate issue. A Task Force can encourage and receive more public input than can be achieved in a couple of Council meetings. Ultimately, though, Council is the elected public body that will approve the issue, and it important that Council procedurally allow the opportunity for formal public input. Ms. Salay responded that the opportunity for public input was provided at the May 2"d meeting and tonight. No one has signed into testify. She also received emails, and realized that there were many misconceptions about the plan. The City Manager has asked Engineering staff to respond to those emails and clarify the misunderstandings. Mayor Chinnici-Zuercher stated that Council's procedure must address Task Force. recommendations on two levels: (1) the need for Council to receive, assimilate, and then ask questions, and (2) the need to educate the public that "Other" items are also items on which Council receives public input, not legislation only. Obviously, in this situation, the public was confused as to the best way to provide their input to Council. If someone does disagree -Council members or citizens, they have an equal right to be heard. Personally, she has not felt free to openly discuss her concerns, and some citizens have indicated that they felt the same constraints. The perception is that Council is not willing to give the same consideration to those who disagree with recommendations from a task force. Finally, there are the financial considerations of the project. The cost of the project, so far, is estimated at $687,000 and staff is requesting approval and inclusion in the 2006 CIP budget. However, Council does not yet know what other items will be presented for that budget. How can Council prioritize this project over those other unknown items? In addition, there are some items in Section 6, 7 and 8 of this Resolution for which Council does not yet know the cost -the post traffic calming studies. The Tara Hill Traffic Study was very expensive. She cannot support something for which the cost is not known. Also, Section 6 provides for the redirection of Post Road to Commerce Parkway and installation of the southbound left turn on Avery-Muirfield Drive at Post Road to be concurrent with the traffic-calming project on Tara Hill Drive. At the May 2 Council meeting, there was significant discussion on this issue. Council was in favor of immediate installation of the left turn, but several Council members expressed the desire to further reconsider the redirection of Post Road to Commerce Parkway because of different issues being considered. Since that time, a number of people have come forward regarding the elimination of that entrance to the Rec Center so that the only entrances to the Rec Center remain off of Coffman Road and Downpatrick. People are concerned with that. Ms. Salay clarified that the Coffman Park plan calls for a driveway directly into the Rec Center. RECORD OF PROCEEDINGS Meetin DAYTON LEGAL BLANK, INC.. FORM NO. 10148 May 16, 2005 Page 13 Held 20 Mayor Chinnici-Zuercher stated that the entrance will be different from where the entrance is today. Ms. Salay stated that the Coffman Park plan shows very clearly a nice entrance as the primary entrance to the Rec Center. Mayor Chinnici-Zuercher stated that she would need to see the map showing this. Ms. Willis stated that the Coffman Park Expansion Task Force accounted for that in their final plan. Mayor Chinnici-Zuercher stated that in any case, she cannot vote in favor of this tonight because she does not know the costs. In addition, Council does not know what will be presented in this year's CIP which might have a greater priority for the City. Ms. Brautigam responded that this is why the resolution has been brought to Council tonight. Staff wanted to clarify exactly what Council approved by motion at the last meeting. Section 2 reflects word for word what the Tara Hill Area Traffic Calming Task Force requested, particularly in regard to Concept 11. The hope is that this project will be included in the five year CIP of 2006-2010, in 2006 if possible. Staff will review all of the proposals for 2006, and will bring a recommendation to Council about whether this comes forward. However, with passage of this resolution tonight, staff believes that Council would make a strong statement that this should be brought forward as a priority for 2006 in the CIP. Mayor Chinnici-Zuercher stated that this is exactly her point -she cannot vote in favor of prioritizing this when she does not know what other projects will be brought forward. Mr. McCash stated that if there are some higher priority items than this in 2006, this project would not necessarily be included in the 2006 CIP. Council can always adjust the timing of projects, based on the list of what is needed and what funding is available. Mrs. Boring pointed out that while Council can adjust the timing of projects, there is resistance now with softening the language of the timing for this project. It is preferable to soften the language now about programming than to wait until staff submits the CIP priorities. Mr. Lecklider stated that for Sections 5 through 8, Mayor Chinnici-Zuercher asked about the costs of these studies. He had understood that these were studies which would be done independent of Tara Hill -that they were not dependent upon what happens with the Tara Hill traffic calming. Mr. Hammersmith concurred that these will occur independent of Tara Hill. Mr. Reiner stated that Section 6 mentions the redirection of Post Road to Commerce Parkway. He supports studying Post Road, but he does not agree with the Coffman Park study. The location of the municipal complex is now uncertain and he does not agree with redirecting Post to Commerce. Post Road should be a high speed road that connects the center of the city - it should not be redirected. It has large setbacks and a sparse number of houses and is suitable for a high speed road. He does not understand why it is included in the resolution. Mr. Hammersmith responded that this was an effort on the part of the Tara Hill Task Force to work in concert with the adopted recommendations of the Coffman Park Task Force. The southbound left turn at Post was a major discussion item, and the Tara Hill Task Force wanted to reiterate their support of reinstituting that southbound left turn. They were working from what Council had previously adopted from the Coffman Park Task Force. Mr. Reiner commented that he has never agreed with redirecting Post Road. Mr. Lecklider noted that Mr. Hammersmith was misquoted in the newspaper regarding the redirection of Post Road. Regardless of the location of a future city hall, there would likely still be a redirection of Post Road or the City would face failure of the Post Road/Coffman/Emerald intersection. Mr. Hammersmith stated that is correct. Ms. Salay added that this improves traffic to the major corporations in the area. All of this is interrelated and there are sound engineering reasons for doing these concurrently. RECORD OF PROCEEDINGS Meetin DAYTON LEGAL BLANK, INC.. FORM NO. 70748 May 16, 2005 Page 14 Held Mayor Chinnici-Zuercher reiterated that she does not have the associated cost figures needed to vote responsibly on this legislation. There is an interconnectivity between the plan and the expenditure of dollars and more information is needed. Ms. Salay stated that for the items listed in Section 4 through 8, Council has agreed they need to be studied. Mayor Chinnici-Zuercher stated that she does not recall these items being brought to Council previously. Ms. Brautigam clarified that these items are professional services and are a line item in the budget. Council does not review these on an individual basis. Mr. Hammersmith noted that none of these studies are programmed for the current year. They will likely be included in next year's operating budget. Mr. Keenan noted that in regard to Section 6, the redirection of Post Road at Commerce Parkway, it reads that the installation of the southbound left will be concurrent with traffic calming project on Tara Hill. That indicates it is being done, and this is why he has objections to this. He had understood that dialogue was yet to take place on some of the items included in the resolution. Ms. Salay agreed that the items she is referring to are actually Sections 4, 5, 7 and 8 -not Section 6. Mrs. Boring suggested that Council delay any action for two weeks in view of the number of emails and strong opinions expressed. They deserve consideration. Ms. Salay stated that has received only four emails. Mr. Keenan noted that he received many more. Mrs. Boring stated that she is confused about the two left turn lanes at Post from Emerald and how that would be configured. She would need more information on this. Mayor Chinnici-Zuercher invited public testimony. Barbara Lake, 7030 Scribner Way addressed Council, indicating her hesitancy about the closing of Post Road and concerns about traffic being increased on Tara Hill. What is being created is a residential situation on the northern part of Tara Hill and a park and a community draw on the southern part of Tara Hill. As a parent crossing Tara Hill in mid afternoon, this is frightening. She knows the City has done studies and is willing to spend $687,000 on Tara Hill, but this project concerns her and her neighbors. Perhaps they have not attended the right meetings, but she requests that Council pull back a bit and think of the residents' concerns. Donna Murley, 5674 Adventure Drive stated that Mrs. Boring responded to her a-mails this week. Their neighbors have tried to keep them informed about the status of the project. Living on Adventure Drive, she is particularly concerned about the circles being proposed on Adventure, especially at Shady Nelms. The overkill is her issue. It seems that an obstacle course is being created on Tara Hill. She wishes it would look consistent. She drives this route many times a day and this will add considerable time to the trips. She would like to see afour-way stop sign at Adventure and Tara Hill. She also has concerns about the pedestrian crosswalk at Conquistador. She is confused about how the circles will look and with all the signage needed. A stop sign is much less confusing. The circle at the UDF exit seems confusing as well. She saw many negative references to speed humps, but she has viewed both good and bad devices like this within Dublin. The Waterford ones are very effective, while she agrees that the Martin Road devices are not desirable. Mayor Chinnici-Zuercher stated that Ms. Willis could review with her the most recent recommendations about Tara Hill and Avery-Muirfield Drive. Mr. Lecklider noted that Ms. Willis can also provide insight about the stop signs which were explored extensively. Ms. Salay added that the residents will be able to drive 25 mph with these devices in place. RECORD OF PROCEEDINGS Minu ~ of ~..~I:_ Meeting DAYTON LEGAL BLANK, INC.. FORM NO. 10148 May 16, 2005 Page 15 Held Mark McQuaid, 7034 Scribner Way stated that he is well aware that the Task Force has spent several months formulating the recommendations presented to Council. He attended the open house and submitted extensive remarks via a survey distributed and collected that evening. He did not receive a response to his comments. He has viewed pictures of traffic circles in Dublin and surrounding areas and has been disappointed due to signage issues. He is concerned with too many traffic calming devices within an area comprised of only four houses. In a stretch of less than 300 feet, the Task Force has proposed two 14-foot traffic circles, two curb bulbs and a speed hump which doubles as a crosswalk. He believes traffic would be adequately controlled with one traffic circle. in this small stretch of Tara Hill. Each device contains four brightly colored metals signs, often with reflective tape -yield signs to warn of the approach. signage and right-of-way with these devices remains a mystery, but he is very concerned that one or two accidents without some method in place of warning of the traffic circles will cause a residential outcry such as that a Brand and Muirfield. This may result in the need to place stop signs, which is back where the City started. This is not what he desires. He grew up in Strongsville, Ohio and traffic circles were employed in two different locations. They included stop signs at each entry point. These should be included in Dublin, too. The stop signs provided guidance to drivers. The Police department in Strongsville still monitors these areas closely for compliance. The price tag for the traffic calming project would allow for police officers to be retained year-round for eight years. The traffic circle plan for Tara Hill and Adventure will have a unique adverse impact on Tara Hill. Eastbound residents of Hemingway Village living on Adventure Drive and adjoining streets will quickly learn it is easier to stay on Tara Hill and cut through to Adventure using Literary Lane or Ernest Way. It will be more cumbersome and dangerous to navigate a traffic circle to turn right on Adventure, with a risk of being hit from behind or the failure to yield by oncoming traffic. The action he is requesting is that Council approve the Task Force recommendations with the exception of the traffic circle at Adventure; the intention not to increase the level of signage already used on Tara Hill and the surrounding streets; the intention to remove the traffic circles if they are deemed to be dangerous at a later date; the intention to withdraw stop signs that currently exist on Tara Hill and surrounding streets. He has not had the benefit of reviewing the recommendations other than the map of the Dublin Tara Hill Area Task Force. It is not available on line or to residents. As a resident, the only information he has regarding City Council and the Task Force is that on the web site and from the local newspapers. When the newspapers reported that this issue was over, the neighbors believed that it was done and there was no point in attending the meeting. In the City Charter, Article IV, Section 3 (b), he did not see a provision where the Council would have the authority to approve the recommendation of the task force without a resolution or an ordinance. That is the issue he brought to the City Manager. He pointed out on the map the various routes that he has described. Mrs. Boring asked if the written comments he has submitted are his suggestions for amending the legislation. Mr. McQuaid responded that he attached a proposed amendment, based upon the language in the resolution. Although he had asked for a copy of the resolution in advance of the meeting, he did not receive it until 4 p.m. today and was told it was not prepared before that time. Mayor Chinnici-Zuercher thanked him for his testimony. She asked the City Manager for her suggestion on proceeding. Ms. Brautigam stated that it seems that are many questions among Council about Post Road and how it relates to this matter. Her suggestion is that Council postpone this resolution until June 6 at which time there could be a more a more comprehensive report and a review of the relationship between this Task Force and the Coffman Park Expansion Task Force with regard to recommendations about Post Road. Mayor Chinnici-Zuercher noted that an additional option is to break out this resolution into multiple resolutions, as the recommendations of the Task Force could then stand alone, even though they are interrelated with those of the Coffman Park group. Mrs. Boring asked if the traffic circles are similar to those in the southwest. RECORD OF PROCEEDINGS Meetin DAYTON LEGAL BLANK. INC.. FORM NO. 10148 May 16, 2005 Page 16 Held 20 Ms. Salay responded that they are much smaller and will be located within existing pavement and right-of-way. There will not be stop signs, as these are completely different than those on Rings Road. Mrs. Boring asked if these will change people's approach into the area. Mr. Hammersmith responded that they will alter the travel path, and have been used successfully in many areas. Mrs. Boring asked if there are accidents and a public outcry, would the City consider using stop signs at the traffic circle intersections? Mr. Hammersmith responded that he would see not benefit in that, as some would merely disregard such signs resulting in higher numbers of accidents. Ms. Salay stated that it is her understanding that the modern roundabouts reduce the severity of crashes that occur, if they do occur. Mrs. Boring asked if the City can obtain figures on numbers of accidents on Tara Hill and the severity of them. Mr. Hammersmith stated that those are available from the Stage 1 or Stage 2 study. Mayor Chinnici-Zuercher summarized that the City Manager has suggested bringing back responses to some questions raised this evening. What is the pleasure of Council at this time? Mr. Reiner commented that the threshold for cut through traffic is 20 percent and staff has indicated that the cut through traffic is slightly over this. If Post Road were improved with a traffic circle at Post and Avery-Muirfield, for example, could the cut through traffic percentage on Tara Hill be reduced? If Post Road functioned like Henderson Road functions for Upper Arlington - a high speed road with few curb cuts -would the Tara Hill cut through traffic be reduced to 17 or 18 percent? Mr. Hammersmith responded that he would need to understand exactly what an improved Post Road would consist of. He would have to rely on R.D. Zande who completed a license plate survey on Tara Hill to determine the origination and destination of the traffic. His gut instinct is that the cut through traffic on Tara Hill would not be significantly reduced to a 5 or 10 percent level. Mr. Reiner commented that it may be possible to reduce it to an acceptable level of under 20 percent, however. Having a high speed connector road through Dublin such as Post Road would allow connection from the freeway through the City. In terms of the redirection at Commerce Parkway, if a traffic circle or roundabout were constructed at Post and Coffman, would that be a workable option? Mr. Hammersmith responded that a roundabout in that location would have less impact on the operations at the intersection than signalization. Under signalization, the western leg degrades the intersection operations. Mr. Reiner commented that he always felt that the Coffman Park Task Force made a premature recommendation with the redirection of Post Road. Perhaps the other option of a traffic circle or roundabout at Coffman and Post should be considered. Ms. Salay commented that the Coffman Park Task Force bent Post Road to the south to preserve and improve Coffman Park. Mr. Reiner was in fact the strongest advocate for preserving Coffman Park. Mr. Reiner responded that while he supported the Task Force work, he never supported the redirection of Post Road. He spoke against that portion of the plan. Ms. Salay stated that if Post Road runs through the park, there is no park - it completely changes the character of the area. The Task Force made the assumption that the community desires a central park. Mr. Reiner stated that there is a need to resolve traffic issues in the city. The two sections of the park can be connected via tunnels or overpasses, similar to Central Park in New York City. There was not enough thought put into a proper resolution for the park. With the city hall location potentially changing, there is time to revisit this issue. Ms. Salay stated that a previous Council purchased a lot of land to construct city hall in that location. Mrs. Boring responded that the land was not purchased with that intent at that time. RECORD OF PROCEEDINGS i Meetin_ DAYTON LEGAL BLANK, INC.. FORM NO. 10148 May 16, 2005 Page 17 Held 20 Ms. Salay stated that in any case, the Task Force learned from the Engineering work that Post Road doesn't affect Tara Hill and Tara Hill doesn't affect Post Road in terms of traffic. They function independently. The east/west connector is Perimeter Drive, which predates the Coffman Park Task Force work. The natural movement is continued westbound on Perimeter Drive. A similar situation would occur on the east end by the park. Post Road is not being closed, only the alignment is being changed. The engineering studies indicate that Post Road carries more traffic after redirection - it will not impede traffic. There are many misconceptions about this. Mayor Chinnici-Zuercher noted that in view of the time already spent on this discussion, she would like input from Council on their desires at this point. Do they want to vote tonight, or have more information provided from staff for the June 6 meeting? Mr. Reiner indicated he would prefer to delay any vote until June 6. Mr. McCash agreed. Mrs. Boring noted that in view of all of the changes in the Perimeter area, there is a need to revisit the Post Road issues. She emphasized that this plan is only a concept. She supports delaying this until June 6. Mr. Keenan stated that he would like more clarification about the issues. He supports most of the Tara Hill recommendations, but had understood that phasing was to be done. He cannot support the Post Road portion of the resolution. Ms. Salay stated that the recommendations are sound, are based on studies, and she supports the resolution as drafted. However, she will support tabling it to obtain more information from staff. Council has been given input on the work all through the process, and lots of public input was obtained, but she would err on the side of taking more public input at this point to gain everyone's support in the neighborhood. Mr. Lecklider stated that if Council is more comfortable with having more information, he would agree to postponing this. Mr. McCash stated that when Council adopted the Coffman Park Task Force recommendations, one of the concerns expressed by residents of Tara Hill was the issue of redirecting Post Road and when that would be done versus the timing of traffic calming devices being installed on Tara Hill. He recalls that when the resolution was approved for the recommendations of the Coffman Park Task Force, an amendment was done which indicated that the City would not take any action to redirect Post Road until the Tara Hill issues were addressed. That is why Section 6 was included in this resolution. Mayor Chinnici-Zuercher recalled that another reason was that some wanted the redirection done right away, and staff recommended that the Tara Hill traffic issues and recommendations needed to be integrated before moving forward on this. Mr. McCash stated that these are interrelated due to the previous task force work. Mayor Chinnici-Zuercher summarized that the majority of Council would like staff to bring back this resolution for consideration on June 6. It is important not to reiterate what the Coffman Park or other task forces have recommended by copying that information. The assumptions and the environment surrounding the area has dramatically changed since 2003. The hospital development will impact the area. There are major traffic changes anticipated since the 2003 work was done by the task force. It is the responsibility of staff to identify the assumptions made, as well as the environmental changes which have taken place that would impact the decisions at this time. The resolution was postponed for action until the June 6 Council meeting. BID ACCEPTANCE Resolution 30-05 Accepting the Lowest and Best Bid for the Indian Run Sanitary Sewer and Water Line Extension Project. Mr. Lecklider introduced the resolution. Mr. Keenan asked if the easements have been resolved for the adjacent area. Mr. Hammersmith responded that they have not, but staff is continuing to work with the adjacent residents. Staff is trying to ascertain the true desire of those properties for immediate service. Vote on the Resolution: Ms. Salay, yes; Mr. Lecklider, yes; Mr. Reiner, yes; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes; Mr. McCash, yes; Mrs. Boring, yes. RECORD OF PROCEEDINGS f Meetin DAYTON LEGAL BLANK, INC.. FORM NO. 10148 May 16, 2005 Page 18 Held 20 Resolution 31-05 Accepting the Lowest and Best Bid for the Tartan West Water Tower. Ms. Salay introduced the resolution. There were no questions. Vote on the Resolution: Mrs. Boring, yes; Mr. Reiner, yes; Mr. Lecklider, yes; Ms. Salay, yes; Mr. McCash, yes; Mayor Chinnici-Zuercher, yes; Mr. Keenan, yes. Resolution 32-05 Accepting the Lowest and Best Bid for the Brand Road /Bristol Parkway Bikepath Tunnel Project. Mr. Reiner introduced the resolution. Vote on the Resolution: Mr. Keenan, yes; Mr. Reiner, yes; Ms. Salay, yes; Mr. McCash, yes; Mrs. Boring, yes; Mayor Chinnici-Zuercher, yes; Mr. Lecklider, yes. Resolution 33-05 Accepting the Lowest and Best Bid for the Hospital Drive Project. Ms. Salay introduced the resolution. Vote on the Resolution: Mrs. Boring, yes; Mr. Keenan, yes; Mr. Reiner, yes; Mayor Chinnici-Zuercher, yes; Mr. McCash, yes; Mr. Lecklider, yes; Ms. Salay, yes. Resolution 34-05 Accepting the Lowest and Best Bid for the Glick Road /Avery Road / Manley Road Roundabout Project. Mrs. Boring introduced the resolution. Mayor Chinnici-Zuercher noted that in the summary, it indicates that a separate left turn lane on Avery Road will be constructed with this project and that Dublin Schools dedicated the additional right of way to the City in order to provide this left turn lane. Are the Dublin Schools contributing financially to this project? Mr. Hammersmith responded that it is funded through the Tartan West TIF. The Dublin Schools are not making a financial contribution to this project. Vote on the Resolution: Ms. Salay, yes; Mr. Lecklider, yes; Mr. McCash, yes; Mrs. Boring, yes; Mayor Chinnici-Zuercher, yes; Mr. Reiner, yes; Mr. Keenan, yes. WAIVING COMPETITIVE BIDDING Resolution 35-05 Waiving Competitive Bidding Requirements, Pursuant to Section 8.04 ("Contracting Procedures"), Paragraph (C) ("Waiver of Competitive Bidding") for Grading and Stormsewer Installation Services for the Darree Fields Expansion Project. Ms. Salay introduced the resolution. Vote on the Resolution: Mayor Chinnici-Zuercher, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mr. Lecklider, yes; Mr. McCash, yes; Mr. Keenan, yes; Ms. Salay, yes. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Resolution 36-05 Authorizing the City of Dublin's Continued Support and Participation in the Franklin County Community Development Block Grant Program and Home Program and Allowing the City Manager to Extend the Cooperation Agreement until March 31, 2008. Ms. Salay introduced the resolution. Vote on the Resolution: Mrs. Boring, yes; Mr. McCash, yes; Mayor Chinnici-Zuercher, yes; Mr. Reiner, yes; Mr. Keenan, yes; Mr. Lecklider, yes; Ms. Salay, yes. WAIVING COMPETITIVE BIDDING Resolution 37-05 Waiving Competitive Bidding Requirements for the Purpose of Acquiring Various Goods and Services for the Dublin Irish Festival. Mr. Lecklider introduced the resolution. Vote on the Resolution: Mr. Lecklider, yes; Mr. Reiner, yes; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes. Mr. McCash, yes; Mrs. Boring, yes. OTHER • Final Plat (05-026FDP) -Perimeter Loop Road Extension (Riverside PUD) RECORD OF PROCEEDINGS Meetin DAYTON LEGAL BLANK. INC_ FORM NO. 10148 May 16, 2005 Page 19 Held Mr. Bird stated that this dedicates the Perimeter Loop Road Extension to the City and provides for vacation of a portion of Perimeter Loop Road to fulfill the final plan for the hospital. In the memo dated May 10, there is an error in the recommendation. It should state to approve the plat with five conditions dated March 17. Ms. Salay moved approval of the final plat. Mr. Lecklider seconded the motion. Vote on the motion: Mayor Chinnici-Zuercher, yes; Mr. Lecklider, yes; Mrs. Boring, yes; Mr. McCash, yes; Mr. Keenan, yes; Mr. Reiner, yes. CITY MANAGER/STAFF REPORTS • Conservation Design meeting scheduling Mayor Chinnici-Zuercher stated that there is a scheduling conflict for the previously scheduled study session on conservation subdivision design. Ms. Brautigam stated that information was distributed to Council tonight regarding the consultant, Chris Duerksen retained by the City for the conservation design review. He is not available on June 13, but is available on Monday, June 27. Staff is requesting that a I study session be scheduled for Monday, June 27 for the conservation design discussion. Staff is also requesting that Council set aside the June 13 study session to speak with Pete Edwards who would like to obtain input from Council about a project for the southwest area. This would be an opportunity for dialogue about this development proposal and would be done in a study session format. Ms. Salay asked at what point Council would take public input, as she assumes there would be a lot of neighborhood interest. She would feel uncomfortable with giving input about going forward to a developer and subsequently hearing from the neighborhood about their views. Ms. Brautigam stated that there would be no decision making, but rather a dialogue with Council. She would not foresee public testimony that evening, but rather an opportunity for information gathering by the developer and the Council. Mayor Chinnici-Zuercher commented that the public input would then follow at the Planning and Zoning Commission level, as is the practice. Mrs. Boring commented that she would hope that the Commissioners would be invited to attend this session. Mayor Chinnici-Zuercher responded that the Commission members will specifically be invited to attend and listen to Council's dialogue with the developer prior to consideration at the Planning Commission level. The Commission has often expressed a desire to have that opportunity. Ms. Salay stated that they should also be invited to attend the study session on June 27. Ms. Brautigam confirmed that they will be invited. Ms. Brautigam noted that in tonight's meeting, many resolutions were vote upon without discussion. She asked if Council would be interested in considering a consent agenda for these routine items. If so, staff will propose such a format. Mayor Chinnici-Zuercher commented that she is not opposed to such a consent agenda, but tonight's meeting was somewhat of an anomaly. Staff could propose to Council the type of items to be included on such an agenda. Ms. Salay stated that she is uncomfortable with a consent agenda and would have to see what specific items would be included, the rationale, and the procedures to be followed. Mrs. Boring stated that the consent agenda was implemented by a previous Council, but many items were removed from the consent agenda if members wanted discussion. She would support this if there was an opportunity to remove an item upon the request of a member. Ms. Brautigam stated that items such as bid approval could be included on a consent agenda. Ms. Brautigam stated that the Law Director has indicated a need for an executive session for legal and land acquisition matters. Mayor Chinnici-Zuercher responded that she was not notified of a need for a session tonight. She had indicated to Council Members that there was not a scheduled executive session tonight. Ms. Salay suggested that staff send out a quick a-mail if an executive session is to be scheduled. Mr. Smith stated that he would like to briefly update Council on five items. RECORD OF PROCEEDINGS Meetin DAYTON LEGAL BLANK, INC.. FORM NO. 10148 May 16, 2005 Page 20 Held 20 COUNCIL COMMITTEE REPORTS/COUNCIL ROUNDTABLE Mr. Keenan. Finance Chair reported that the Committee met tonight and recommends the following grants for hotel/motel tax: • Dublin Arts Council -Arts & Music Festival -actual cost of City services in an amount not to exceed $6, 712 • Dublin Youth Athletics: Memorial Baseball Tournament -actual cost of City services in amount not to exceed $4,500 and CABA World Series actual cost of City services in amount not to exceed $7,000 • Arthritis Foundation Classic Auto Show & Cruise-in - $7,500 grant • Dublin Kiwanis Club Annual Frog Jump -actual cost of City services in an amount not to exceed $5, 000 • Dublin Soccer League Dublin Charity Cup - $17, 700 designated for soccer goals only • Dublin Coffman HS Teen Institute - 5K Run/Walk - $7, 000 grant with recommendation that this be used for the three high schools combined • JASON Project Educator's Conference -paperback books - $1,000 grant Mr. Keenan noted that of the total $55,000 set aside, $20,000 was specifically designated to be used in the Historic District and the Dublin Arts Council event met that criteria. Mr. Reiner asked how the Teen Institute and the JASON project impact the replenishment of revenues in the hotel/motel tax fund. Mr. Keenan responded that the criteria he was provided with includes cultural arts, beautification of public property and special events. These would be special events. For the JASON project, this would constitute seed money for an innovative program. He believes, and staff concurs that these grant applications meet the criteria of the hotel/motel tax grant program. The paperback books will be distributed to Dublin students in conjunction with this project. Mr. Lecklider added that the JASON conference has relocated from Milwaukee and this is seed money toward future location of the conference in Dublin. Mrs. Boring stated that the conference is in Dublin, yet the books are to be distributed to Dublin students, not to conference attendees. Mr. Keenan noted that the hope is to have the conference stay in Dublin. It attracts 400 national and international delegates who stay in the Dublin hotels. Mr. Keenan moved approval of the grant to the Dublin Arts Council as outlined in his report. Ms. Salay seconded the motion. Vote on the motion: Ms. Salay, yes; Mr. Lecklider, yes; Mr. McCash, yes; Mrs. Boring, yes; Mayor Chinnici-Zuercher, yes; Mr. Reiner, yes; Mr. Keenan, yes. Mr. Keenan moved approval of the grant to Dublin Youth Athletics as outlined in his report. Mr. Lecklider seconded the motion. Vote on the motion: Ms. Salay, yes; Mr. McCash, yes; Mayor Chinnici-Zuercher, yes; Mr. Keenan, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr. Lecklider, yes. Mr. Keenan moved approval of the grant to the Arthritis Foundation as outlined in his report. Mr. Lecklider seconded the motion. Vote on the motion: Mr. Lecklider, yes; Mr. Reiner, yes; Mr. Keenan, yes; Mayor Chinnici- Zuercher, yes; Mrs. Boring, yes; Mr. McCash, yes; Ms. Salay, yes. Mr. Keenan moved approval of the grant to the Dublin Kiwanis as outlined in his report. Mr. Reiner seconded the motion. Vote on the motion: Ms. Salay, yes; Mr. Lecklider, yes; Mr. McCash, yes; Mr. Reiner, yes; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes; Mrs. Boring, yes. Mr. Keenan moved approval of the grant to the Dublin Soccer League as outlined in his report. Mr. Lecklider seconded the motion. Vote on the motion: Mr. Lecklider, yes; Mrs. Boring, yes; Mr. McCash, yes; Ms. Salay, yes; Mr. Keenan, yes; Mr. Reiner, yes; Mayor Chinnici-Zuercher, yes. RECORD OF PROCEEDINGS i Meetin DAYTON LEGAL BLANK, INC.. FORM NO. 10148 May 16, 2005 Page 21 Held 20 Mr. Keenan moved approval of the grant to the Dublin Coffman High School Teen Institute as outlined in the report. Mr. Lecklider seconded the motion. Vote on the motion: Mrs. Boring, no; Mr. Reiner, yes; Mr. Keenan, yes; Mayor Chinnici- Zuercher, yes; Mr. McCash, yes; Mr. Lecklider, yes; Ms. Salay, yes. Mr. Keenan moved approval of the grant to the JASON project educator's conference as outlined in the report. Mr. Lecklider seconded the motion. Vote on the motion: Mrs. Boring, no; Mr. Lecklider, yes; Mr. McCash, no; Ms. Salay, yes; Mr. Reiner, no; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes. Mr. Keenan also reported that the Dublin Convention and Visitors Bureau has requested a meeting with the Committee in regard to a proposed resolution of their current lease situation. He is proposing this be held at 5:30 p.m. on Monday, June 6. This is a tentative meeting, as they are still working on some options. All are welcome to attend the meeting. Mrs. Boring suggested that this be a Committee of the Whole meeting to facilitate the discussion. Mr. Keenan suggested that the meeting be convened at 6 p.m. on Monday, June 6. Mr. McCash thanked Council and staff for their support during his recent home accident. Thanks also to the Washington Township firefighters who lent assistance. He urged everyone to purchase fire extinguishers for all areas of their homes. But for his fire extinguishers, his home could have sustained extensive damage or total loss. Mrs. Boring commented that several years ago, the City established a Traffic Task Force made up of various representatives. In view of the many issues facing the City, she suggests that Council reinstitute such a commission to engage the community in recommendations for traffic planning. She is not certain of the process, but would like this to be explored. It is premature to propose a motion, but she would suggest further discussion at the next meeting. Ms. Salay commented that she would like staff's input on this, especially Engineering. Personally, she is comfortable with Council handling these issues. Mayor Chinnici-Zuercher suggested that Mrs. Boring put something together for consideration at a later date, outlining the original purpose of the Commission and the charge of a new commission. Ms. Salay asked her to address why that commission was disbanded. Mr. Lecklider thanked staff for the memos in response to questions raised at the last meeting. Manor Chinnici-Zuercher: 1. Noted that she brought up several months ago that Medex was sold and would likely close their Dublin offices as a result. At the time, staff indicated that they were informed that would not happen. This week, she has learned that the offices will in fact be closing following the purchase of Medex by an international company. Ms. Brautigam responded that staff will check on this and report back. 2. Asked about the status of the landscaping of the new roundabout. She had understood it was to be completed before the Tournament. Mr. Hammersmith stated that the contractor was waiting until May 15 given the weather conditions which would impact the plants. Staff has been assured it will be completed before the Tournament. 3. Commented that at the entrance at Post Road and Avery, when heading east from Avery and entering US 33 -the landscaping appears to be very overgrown. She asked that staff check this area. ADJOURNMENT TO EXECUTIVE SESSION There being no further business, Mayor Chinnici-Zuercher moved to adjourn to executive session for discussion of land acquisition and legal matters. Mr. Lecklider seconded the motion. RECORD OF PROCEEDINGS f Meetin_ DAYTON LEGAL BLANK, INC.. FORM NO. 10148 May 16, 2005 Page 22 Held 20 Mayor Chinnici-Zuercher noted that following the executive session, the Council meeting will be reconvened only to formally adjourn. No further action will be taken. Vote on the motion: Ms. Salay, yes; Mr. Lecklider, yes; Mr. McCash, yes; Mrs. Boring, yes; Mayor Chinnici-Zuercher, yes; Mr. Reiner, yes; Mr. Keenan, yes. The meeting was adjourned to executive session at 10:15 p.m. The meeting was reconvened and formally adjourned at 10:30 p.m. a Mayor -Presiding Officer Clerk of Council