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HomeMy WebLinkAbout06/06/2005 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK lNC FORM NO 10148 Held June 6, 2005 20 Mayor Chinnici-Zuercher called the regular meeting of Dublin City Council to order at 7:00 p.m. on Monday, June 6, 2005 at the Dublin Municipal Building. PLEDGE OF ALLEGIANCE Ms. Salay 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. McDaniel, Mr. Harding, Mr. Hahn, Ms. Puskarcik, Ms. Crandall, Ms. Ott and Ms. Willis. APPROVAL OF MINUTES Mr. Lecklider moved approval of the minutes of the meeting of May 2, 2005. Mr. Reiner 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. Mr. Lecklider moved approval of the minutes of the meeting of May 16, 2005. Mr. Keenan seconded the motion. Vote on the motion: Mr. Reiner, yes; Mr. Keenan, yes; Mrs. Boring, yes; Mayor Chinnici- Zuercher, yes; Ms. Salay, yes; Mr. McCash, yes; Mr. Lecklider, yes. SPECIAL RECOGNITION/PROCLAMATIONS Mayor Chinnici-Zuercher presented a proclamation recognizing the first year anniversary of the history book to the Editorial Advisory Board for Dublin's Journey, including Gene Bostic, Joel Campbell, Chris Close, Tom Holton, Ron Jezerinac, Herb Jones, Chuck Kranstuber, Carl Karrer, Scotty Patrick, John Reiner, Jim Richards, Clay Rose III, and Dick Termeer; to the Editorial Contributors Tom Holton, Jim Richards and Clay Rose III; to authors Peter D. Franklin and Elaine Kehoe; to designers Gayle Holton, Mary Sheskey and Autumn Skinner; and to manuscript editor Judy Kienle. She acknowledged the contributions of the group to the success of the book, for which the City of Dublin recently received a PRism award from the Central Ohio Public Relations Society of America. Herb Jones, Dublin Historical Society made brief comments regarding the project and indicated their desire that the book be added to every ten years. He thanked Council for their support of this project, noting that they hope to house it someday in a City archiving center. They have many materials at the Coffman Homestead which they hope to preserve in such a center in the future. Mayor Chinnici-Zuercher noted that Marian Thomas, Parks & Recreation Advisory Commission will be honored at a future date as she was not able to be present tonight. CORRESPONDENCE The Clerk reported receipt of a notice to legislative authority regarding a new D2 permit for Nagi International LLC, dba Maharaja's, 6665 Dublin Center Drive and Patio. Council had no objection to the issuance of the liquor permit. AGENDA MODIFICATION Mayor Chinnici-Zuercher announced that Ordinance 32-05 has been removed from the agenda upon recommendation by staff and will not be introduced or considered this evening. CITIZEN COMMENTS FOR ITEMS NOT ON THE AGENDA Wallace Maurer, 7451 Dublin Road noted that he met with Mr. Smith for one hour recently regarding matters, including the local powers of charter municipalities in the state, assuming what they are doing does not conflict with state law. Mr. Smith stated that Mr. Maurer cannot tell the Council what to do at meetings, including reinstating the City Engineer. Mr. Maurer noted that he is not delusional to the point that he believes he can order Council to do anything. He has merely raised these issues and will not hesitate to make recommendations to Council. He and Mr. Smith discussed the nature of municipal RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 June 6, 2005 Page 2 Held 20 government and the various types - Council/Manager, Mayor/Council and elected Commissioners. He and the Law Director have a fundamental difference of opinion regarding interpretation of the Charter Sections 5.04(g) and (h) regarding the City Manager's duty to make available to the public complete records of the finances and administrative activities of the City and to make such other reports as Council may require concerning the operations of the City. A landmark book was written by constitutional historian Charles Beard, titled "American Government and Politics" in which he reviewed the federal, state and municipal forms of government, their constitutional allowances, and discussed the political managements of these forms. For municipal government, specifically Council/Manager form, he said that the City Council in this form exists for two reasons: legislating and scrutinizing. These purposes correspond to the clauses cited in the Dublin Revised Charter. The city management should not turn the city into a business model - this is still government inherited from 1776 and the rights of individuals drove this in 1776. A national holiday of July 4th is coming up shortly and it has degenerated in most recent years to a matter of which community can outdo the other in fireworks. He recommends that on July 4th Council undertake a remarkable act of political reinstatement. Pat Barry, 4410 Bellaire Court noted that her property backs up to Dublin Road where the roundabout will be built. On behalf of herself and her neighbors, the Johnsons and Fraziers, she is requesting that the AEP lines stay on the west side of Dublin Road instead of being relocated to the east side. This would help to retain the scenic nature of the roadway, preserve the buffers and result in less loss of trees. If AEP does remove more trees than originally intended, they want to ensure they are replaced. She has spoken with Ken Richardson of Engineering and an attorney from Schottenstein, Zox and Dunn who are working on this project. They have not designated how many trees will be replaced. She urges Council to ensure that many trees will be planted to replace those that will be removed. Mr. Hammersmith responded that as part of the roundabout project at Dublin/Brand Road, staff is working with AEP on utility relocation, particularly the power lines. One of the alignments AEP identified which would work well for them would be moving from the west side to the east side and creating a pole line on that west side. Part of the interest was preserving trees on the east side as well. They do not know the extent of the tree trimming by AEP yet and will meet in the field with them. Mayor Chinnici-Zuercher asked about the expectation for replacement. Mr. Hammersmith responded that within the right-of-way, they would replace street trees. There is also a significant road lowering to be done north of Brand Road so there will be tree removal within the right-of-way in any case. They expect to replace street trees, but will obviously not be able to replace mature trees along that east side. Mr. Keenan asked when the street is lowered, does a City arborist know the extent of the impact on the tree line in terms of root damage? Mr. Hammersmith responded that typically, this could be estimated. But in this location, the road is higher compared to the adjacent properties so trees on private property outside of right-of-way will likely not be impacted. LEGISLATION POSTPONED ITEM 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 stated that two memos have been provided to staff in response to issues raised at the last hearing: a Tara Hill Technical Summary and a second memo describing in detail the history of the Post Road decisions with information about the traffic calming task force decisions. Ms. Willis will present these and will highlight the policy question that Council will be asked to make at some point with regard to Post Road. Ms. Willis gave a PowerPoint presentation to Council highlighting the information contained in the two memos from Engineering. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 June 6, 2005 Page 3 Held 20 Transportation Overview of Post Road. Averv-Muirfield Drive and Tara Hill Drive Corridors 1. Ms. Willis displayed the roadway network in this area and Exhibit 3 from the Community Plan, titled "Civic Center Area Plan" which documents that Post Road from the west is aligned with the Emerald Parkway/Post Road link to the east, shows a driveway to a municipal campus/city hall building, and Perimeter Drive extending as an east/west connector through the study area. 2. The adopted composite plan from the Coffman Park Expansion Task Force at the western end shows a more passive type park behind the residential single-family lots on the north side of Post Road. It shows a median between Ayery-Muirfield Drive and Holt Drive and a traffic circle at Discovery Boulevard. The eastern end shows a more active park area with Post Road redirected to Commerce Parkway and Perimeter Drive being the continuous east/west route. 3. The next slide depicted the transportation system as proposed by the Coffman Park Expansion Task Force, highlighting that Coffman Park Drive remains in its current alignment and that Downpatrick remains open to Tara Hill. The new proposed regional access point to the DCRC would be off of Commerce Parkway. 4. She described the approved developments subsequent to the Coffman Park Expansion Task Force work, which include Avery Place between Perimeter and Post, the site of the new hospital, the proposed Coffman Park expanded and Homestead. The signals indicate the locations of current signals that facilitate access onto the arterial system. 5. She pointed that under the category of west of Avery-Muirfield Drive, for the office and institutional use, the densities haye been decreased by 300,000 square feet and the general retail has increased by 81,000 square feet. For east of Avery-Muirfield Drive, the land use assumptions are consistent with those at the time of the Coffman Park Task Force. 6. Another slide compares in total the land use assumptions for both west and east of Avery-Muirfield as they relate to trip generation. With the Coffman Park studies, the trips at the p.m. peak are predicted at 9290 trips versus the approved development at 8720, generating slightly less than what was assumed at the time of the Coffman Park studies. 7. She then compared the pros and cons of redirecting Post Road at Commerce Parkway, outlined on page 7 in the memo. By eliminating the west leg of the Post Road/Emerald Parkway intersection, the lane assignments may be reconfigured to provide dual southbound left to eastbound Post Road to access 1-270 without adding pavement. This provides a direct benefit to large corporations such as Cardinal Health and Verizon. 8. Some cons of redirecting Post Road at Commerce is that Post is currently designated as a minor arterial in the Community Plan and this would result in losing an east/west connector in an already weak east/west network. Approximately 25 trips during the p.m. peak or 200 trips per day would divert to Tara Hill Drive, and access to the Rec Center may not be as direct and may de-emphasize the regional access point as originally intended. 9. Under the pros, it would allow for a unified Coffman park campus, consistent with the adopted Coffman Park Expansion Task Force recommendations. It would maintain the current two-lane rural character of Post Road, consistent with the Community Plan. 10. Under cons, by directing Post to Commerce Parkway, it would consolidate all access from the east at the Emerald Parkway/Perimeter Drive intersection which may result in capacity issues if the fourth leg of the Perimeter Drive/Emerald Parkway intersection is necessary due to development of the bowtie property. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC FORM NO 10148 June 6, 2005 Page 4 Held 20 11. Some pros associated with maintaining the current continuous alignment of Post Road are: providing an alternate east/west route for emergency management; as a minor arterial, Post has a 35 mph speed limit that helps to facilitate flow; maintains regional access to the Rec Center from the east; and provides another east/west through route for the area bounded by 33, Emerald Parkway, Avery-Muirfield and Post Road. 12. Some cons are: limits the feasibility to increase capacity at the Emerald Parkway/Post Road intersection which may impact the 1-270 bridge; would likely become a reliever for both US 33/161 and Perimeter Drive through Coffman Park and therefore it might be difficult to preserve its current rural scenic character; as volumes increase beyond acceptable level, would require geometric improvements and right-of-way; and would impact residents along the Post Road corridor. 13. Additional pros are: it provides direct local connection from Frantz Road/Bridge Street to Avery-Muirfield corridor; improves business access to those located along Discovery Boulevard and Holt Driye; reduces through volume on Tara Hill Drive; and would likely reduce traffic volumes at the Avery-Muirfield Drive/Perimeter Drive intersection. 14. Additional cons are that a result of roadway improvement projects may have impacts to the north fork of the Indian Run; would not provide an at grade unified Coffman Park; may cause a need to re-evaluate land uses, park layout and associated amenities of the expanded Coffman Park; and would increase traffic volumes at the Avery-Muirfield Drive/Post Road intersection. Technical Summary - Tara Hill Area Traffic Calminq Task Force Ms. Willis reviewed their mission statement. She pointed out the following: 1. Spacing. The optimal spacing for traffic calming devices is in the range of 300-600 feet between measures for maximum effectiveness. For horizontal, they need to be spaced in the 300-350 foot range. Closer spacing is proposed in areas of pedestrian crossing. The spacing proposed on Tara Hill will help keep speeds consistently low along the entire length of the street. 2. Stop signs along Tara Hill. Significantly lower speeds occur in the immediate vicinity of stop signs, but in the mid-block portions between them, there are peak speeds. Traffic calming helps to ensure a more uniform type of speed flow along the entire street. 3. In an independent pedestrian safety study, it was found that when a pedestrian is hit by a vehicle traveling at 20 mph, the pedestrian has a five percent chance of a fatality. At 40 mph, the chances of a fatality are 83 percent. This demonstrates why a uniform speed along the entire roadway is important to maintain. 4. Most accidents on Tara Hill have occurred at the signals, but there is a cluster of accidents also in the vicinity of the unwarranted stop signs. 5. There were 38 accidents on Tara Hill from January 1, 2000 to December 31,2002. Data indicates that the type and time of accidents are consistent with inexperienced drivers. 6. Safety findings show that the accident severity ratio - the number of injury accidents to the total number of accidents on Tara Hill Drive was .37 as compared to the 2002 citywide accident severity ration of .21. This high ratio is indicative of speeding. Traffic calming measures will reduce the travel speeds and therefore the likelihood of severity of injuries from the crashes. 7. The cut through traffic on Tara Hill from Muirfield Drive to Coffman Road is at 18 percent for a three-hour summary. If Post is redirected at Commerce, the cut through percentage increases to 20 percent. When cut through is analyzed to include both the redirection of Post Road and RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 June 6, 2005 Page 5 Held 20 considering the additional traffic on Tara Hill due to Downpatrick, the three-hour summary is increased to 26 percent. 8. The additional follow-up studies as requested are to be done for Roscommon, Adventure, Shady Nelms, Sells Mill and Downpatrick Driye and will total $20,000. Avery-Muirfield Drive and TullymoreNalleystream study is needed independent of traffic calming on Tara Hill, is budgeted at $45,000 and is programmed in the 2005 operating budget. For Muirfield Drive at Sells Mill, it is necessary independent of Tara Hill, will cost $19,200 and is programmed for 2005. For Coffman/Brand intersection, it is necessary independent of Tara Hill and will cost $20,000. Staff had identified this in 2003 as an intersection to be ! evaluated. 9. She summarized the public involvement process oyer a two-year period for stage one and stage two. 10. In terms of why the Task Force is recommending a non-phased I approach, they considered several alternatives. Factors considered ! were the desire to provide uniform speed along the entire length, avoiding increased speed between measures, the cost savings with building this in a single phase, and the final resurfacing of the street once the measures are installed for a uniform look after construction. 11. Residents have voiced concerns about the size of the traffic calming circles being larger than the ones shown on the Columbus tour. The internal diameter of the circle is 14 feet with a four-foot truck apron for a total of 22 feet. A 12-foot traveled lane is provided for eastbound direction and for vehicles traveling westbound, an 18-foot gap is provided I for vehicles to move through. I! 12. She showed slides depicting various sized vehicles and how they would traverse the circles. She also showed existing traffic circles that were on the Columbus tour. In summary, the traffic studies indicate that traffic calming measures are warranted on Tara Hill Drive independent of the redirection of Post Road. Staff recommends deleting Section 6 of the resolution which pertains to traffic calming on Tara Hill being constructed concurrently with the redirection of Post Road. Staff also recommends that Post Road be studied as part of the Community Plan update to assess whether Post Road should be redirected at Commerce Parkway or should remain a continuous through street. That study should make recommendations concerning the character of the roadway. Mayor Chinnici-Zuercher invited public testimony. Michael Spitale. 6313 Post Road, President of the Post Road Association noted that Post Road is also a neighborhood, and there are many homes located between Wilcox and Avery-Muirfield. Any decisions will impact Post Road greatly, and they are asking for respect and consistency. He has lived in his home for five years and they have been told various things about the future of the road and the area. He understands that some of this may be postponed tonight, based upon the staff recommendations. He wants to ensure that Council remembers this is a neighborhood as well. Council voted to rezone the south side to residential, and yet adding more traffic for Post Road is now being considered. He noted that he would be reaching out to Council Members about these issues in the future. Charles Kuntz, 5711 Tara Hill Drive stated that he has been watching and participating in the Task Force discussions for two years. Due process has been followed by all members of the Task Force and they have gone well beyond listening to citizens' interests. He is dismayed to have learned that what he had thought was a vote to adopt the task force recommendations was not unanimous because a Council Member chose to read the newspaper rather than the Task RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 June 6, 2005 Page 6 Held 20 Force report, and that a technicality delayed the adoption. This group has worked for two years to listen to the needs and desires of residents of Tara Hill and he hopes that Council will now make the right decision and approve this. There are some hidden agendas now related to municipal buildings and downtown Dublin. But what about the 200 plus residents on Tara Hill Drive? This needs to be the focus tonight. Mayor Chinnici-Zuercher invited Council Members to comment. Mr. Reiner stated that: 1. The concepts are good, and the horizontal traffic calming measures are more desirable than the vertical ones. 2. His concerns relate to how the project fits into the CIP budget, how much should be built this year, and how this fits into the entire financial picture of the City. The solutions proposed are very creative. 3. For Post Road, he believes that Post needs to serve as a major connector for the community in view of all of the traffic congestion on SR 161 to the west. While the Community Plan may have envisioned this as I I I a rural road, it is probably not the best destiny in view of the need for a I major east/west connector for the community. He does not believe this can remain a minor arterial in the Community Plan. 4. He is concerned about the 200 plus trips per day converted from Post Road to Tara Hill increasing the need for traffic calming. 5. Speed needs to be increased on Post Road and the road should be improved. 6. The idea of improving business access is important for the future financial stability of the City. 7. If Post Road were improved, it is possible that the volumes on Tara Hill would be reduced. He is not certain of the impact of an improved Post Road upon Tara Hill. 8. He does not concur with redirecting Post Road into Commerce Parkway. Post Road could serve as Henderson Road does in Arlington, allowing traffic to move through a road with few curb cuts. Dublin does not have such an east/west connector at this time in this area. 9. Citizens desire a better traffic system into the future, and commuting out of Dublin now takes much longer due to the heavy traffic. 10. The state has not cooperated in improving the intersection at Glick and Dublin Road, so that intersection does not move traffic well. 11. With the hospital coming on and the related traffic, it is important to have more roads available. It is important to maintain the quality of life for the residents. 12. He thanked the Task Force for their work on the project. His only reservation is with how it will be accommodated in the CI P budget. Mr. McCash commented: ! 1. Although two studies have now concluded - Tara Hill Task Force and Coffman Park Task Force - with a tremendous amount of study and work, it is unfortunate that this is back before Council tonight. He is confused because the copy of the draft resolution does include Section 6. Mr. Hammersmith stated that it is staffs recommendation that Council delete Section 6. 2. He recalls that part of the discussion at the time of the Council review of the Coffman Park Task Force recommendations was delaying any action on the Post Road redirection until the Tara Hill issues were addressed. Any redirection of Post was to occur after traffic calming was done on Tara Hill. Therefore, why would Council want to remove Section 6? Perhaps it should be modified to state that action regarding the Ii RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 June 6, 2005 Page 7 Held 20 redirection of Post would be done subsequent to the traffic calming on Tara Hill. . Mr. Hammersmith responded that he is not certain that Tara Hill was directly addressed in the Coffman Park Task Force recommendations. The intent was that given the concerns of the Tara Hill residents at the time of the adoption of the Coffman Park Task Force recommendations, the City was to review Tara Hill Drive in order to understand the significance of the problem relative to the I redirection of Post Road. II Mr. McCash believes that there was a motion approved by Council at that time II that any action regarding the redirection of Post would be done after the Tara Hill traffic issues were addressed. Mr. Hammersmith responded that it was not part of the formal recommendations, but was discussed at Council. Mr. McCash stated that this is his only concern with taking Section 6 out completely. He would advocate modifying this as he has suggested, that any action on the Post Road redirection would occur subsequent to Tara Hill traffic calming. With all of the Coffman Park expansion task force discussion of a central park for Dublin, absent the redirection of Post it would result in a long, narrow park with a stream bisecting it. Redirecting Post provides more space and would allow the City's special events to take place away from the neighborhoods. It would be shortsighted not to redirect Post Road. Mrs. Boring commented: 1. Thanks to the Task Force for all of their hard work. She believes that when a commission, board or task force provides a recommendation to I II Council that it still needs to be considered in the context of the whole picture. This is not to discount the work done by the group, but Council's role is to look at it in the big picture. 2. She takes exception to the citizen who indicated that she read the newspaper account versus the task force report and that she did not drive around to review traffic calming devices. No one knows what she has read or where she has driven in reviewing this issue. 3. In regard to Coffman Park, it was adopted as a concept plan and was not intended to be binding. 4. Why not proceed with reinstating the left turn onto Post from Avery- Muirfield and see what impact that has on Tara Hill before this is undertaken? 5. She is dismayed that Council is considering incorporating this project into the CI P when children with disabilities have been waiting for their playground to be built for many years. She belieyes that the traffic calming should be phased in. 6. Tara Hill is a collector road for the neighborhood. During this process, the City seems to have supported residents who contacted the City and asked that traffic and shuttle buses not be routed through their neighborhood. This is a public street and the entire community should share the burden of traffic during a citywide event such as the Memorial Tournament. This concerns her greatly. Some seem to believe that roads are private and to be used only by those who live in the neighborhood. However, this is a public street intended for travel and as a collector. Speeds can be reduced, but the volume cannot. 7. She does support the suggestion of marking off the pavement with cones to show where the traffic circles will be. This would make sense before proceeding with the project. 8. She supports having the left turn from Avery-Muirfield onto Post Road reinstated to see the impact on Tara Hill. 9. She wants to reaffirm that streets are public and that cut through traffic is not a negative. People can use any public roads for travel through the City. When opening up more streets, the traffic can be diverted over a II RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 June 6, 2005 Page 8 Held 20 larger number of streets. She would like Council to remember this when addressing traffic issues. Mr. Keenan: 1. Thanked the Task Force for their time and effort. 2. Noted that he fully expects the recommendations of the Task Force to be adopted and to be funded in the upcoming 2006 CIP budget process. He believes that it is too far into the process to make a change, after spending two years of effort. 3. Added that he is concerned with Section 6 regarding Post Road redirection and this section will need to be eliminated in order for him to support the resolution. Post Road is too important a roadway not to take more time to understand the impacts of redirection. Once it is redirected, there is not another opportunity to explore other options. He wants time to understand the options and the impact of the build out to the west, which may be considerably greater than anticipated. His office is located in this area and he is aware that Intersections to the south are already failing. There are a small number of residences along Post Road, but they have large setbacks. It is important to look at the community as a whole and all the people who use this corridor. He does not know if making Post an east/west connector is the ultimate solution, but he wants to leave the options open at this point. He will support the Tara Hill recommendations and the funding in the future, but only with the elimination of Section 6. Ms. Salay stated: 1. She is personally very frustrated for the community that the Post Road issue continues to be revisited. It seems that she has spent most of her time on Council serving on a task force related to this issue. She will support continued study of the Post Road redirection if necessary in order to have the Tara Hill traffic calming approved. Regardless of what happens with Post Road, Tara Hill has issues which need to be addressed. 2. In terms of adjusting priorities for the CIP, two bikepath tunnels were added in one year, so she does not see this as problematic. Projects have been adjusted in the CIP in previous years. Staff can present projects for the CIP, but ultimately, it is Council's decision of what to I program in the CIP each year. 3. Doing nothing on Tara Hill is not an option. A commitment has been I made to the community. While it is agreed and understood that Tara Hill is a collector street, it is a residential street and it should be expected that the traffic speeds are 25 mph or less to ensure safety. Currently, average speeds are 35 mph. There is parkland located on the south side of Tara Hill and it is important to ensure safe crossing to the park. The costs of the traffic calming measures are significant, but not out of line in terms of what the project contains. 4. With regard to Post Road, she does not understand why Mr. Reiner ,;\" indicates there are not adequate east/west roadways through Dublin. Currently, there is Glick Road with a bridge, and at some point, the state will have to improve that intersection. Other east/west roads are Memorial Drive with the planned bridge crossing, Brand Road and Perimeter Drive. Perimeter Drive was designed to be the east/west roadway in this location, 35 mph speed, three lanes, and right-of-way on either side to expand it. The improvements to Perimeter Drive are outlined in the Coffman Park recommendations. She does not believe that the intersections are failing today, as Mr. Keenan has alluded. There are additional east/west roads to the south for a total of eight I I I RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting ~--~-- DAYTON LEGAL BLANK lNC FORM NO 10148 June 6, 2005 Page 9 Held 20 major east/west roadways in Dublin. It is not necessary to rely upon Post Road. 5. In terms of fiscal responsibility, the City has acquired land on Post Road for the purpose of having a park, with the concept of having parkland on both sides. The City is about to spend millions more to acquire even more land. The values of the community are having a rural character, with greenspace and parks. It is important to follow through on this vision. The Coffman Park Task Force heard much testimony about the importance of the Coffman Park to the community. 6. While Post Road is not a large neighborhood, it is a community of families. As recently as 1995/1996, the City rezoned more residential homes. In view of the decisions made and resources allocated to the park, how can Council now call for acquisition of more right-of-way along Post Road? That would be fiscally irresponsible and is a huge concern for her. She believes that any future studies will come to the same conclusion about Post Road's redirection. 7. She will support eliminating Section 6 or modifying it if necessary to increase Council's comfort level with the resolution. Mr. Lecklider: 1. Thanked staff for their thorough analysis of what has occurred with respect to Tara Hill, Coffman Park and Post Road. 2. He appreciates the different points of view expressed by Council. He has expressed his support of the Tara Hill recommendations and is now in support of the resolution. This is the primary purpose of tonight's discussion, apart from discussion of Post Road. His understanding of staff's conclusion is that Tara Hill warrants attention independent of what happens with Post Road. 3. Under the circumstances, he will accept Mr. Keenan's suggestion regarding elimination of Section 6. He agrees with Ms. Salay that, after further study, it is likely that the conclusions regarding Post Road and Coffman Park will be the same. But staff has indicated that there are potentially some other matters to take into consideration. Council will do that and at some point, hopefully for the benefit of the Post Road residents and for the entire community, and hopefully without creation of another task force, a conclusion can be reached with respect to the Post Road/Coffman Park area. Mayor Chinnici-Zuercher: 1. Thanked everyone who served on the task force, as well as staff and the consultants. It is through the efforts of everyone working together that better decision-making comes about. 2. In response to Mr. Kuntz's comments, perhaps in the future Council will be more clear when accepting task force recommendations about what exactly is being voted upon. Mayor Chinnici-Zuercher stated that at this time, she would call for a vote upon an amended Resolution 29-05, in keeping with the discussion of eliminating Section 6. Ms. Salay moved to approve the resolution as amended. Mr. Lecklider seconded the motion. Vote on the amended Resolution: Ms. Salay, yes; Mr. Reiner, yes; Mr. Keenan, yes; Mrs. Boring, no; Mr. McCash, yes; Mr. Lecklider, yes; Mayor Chinnici- Zuercher, yes. Mr. Keenan asked staff if they could provide information at a later date about the status of the Perimeter intersection and whether it is failing, and the definition of "failing" in this context. He would presume this would include the impact of the hospital development on the intersection. Mr. Hammersmith responded that staff would provide that information to Council. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting ----- DAYTON LEGAL BLANK INC FORM NO 10148 June 6,2005 Page 1 0 Held 20 INTRODUCTION/FIRST READING - ORDINANCES RELEASE REGARDING CLAIMS Ordinance 30-05 Authorizing the City Manager to Execute a Release with Edenshier Estates, LLC Regarding Certain Claims, and Appropriating Funds Therefor. Ms. Salay introduced the ordinance. Mr. Smith stated that this would resolve a claim with regard to Edenshier Estates. City staff have acted within the scope of the direction given previously by Council on this matter and recommend passage at the second reading. There will be a second reading/public hearing at the June 20 Council meeting. COMPENSA TlON PLAN AMENDMENT Ordinance 31-05 Amending Section 2.A. of Ordinance No. 98-96 (Compensation Plan) Regarding the Reclassification and Pay Grade Reassignment of the Director of Court Services Position. Mr. Lecklider introduced the ordinance. Ms. Brautigam stated that at the time of the Court Administrator's resignation, staff undertook a re-evaluation of the position. The results indicate that the position should be moved from a Grade 11 to a Grade 9 and this ordinance effects that. Mr. Lecklider asked if staff has taken into account the impact this would have on I the pool of candidates attracted to fill the position. I Ms. Brautigam responded that staff believes that there will be many candidates for this position, should it be advertised. Mr. Keenan noted that in light of the recent editorials in the paper regarding Mayor's courts, would that be the only duty of this position? How would it be impacted if Mayor's courts were eliminated in Ohio? Ms. Brautigam stated that should they be eliminated, Council would have to then I decide whether to create a municipal court in Dublin. A municipal court would increase the workload of this position. Her personal recommendation would be in lieu of sending cases to Franklin County should the Mayor's courts be eliminated, Dublin would likely prefer to have its own municipal court. Mayor Chinnici-Zuercher commented that the elimination of Mayor's courts, if this should transpire, would not happen quickly and would require much prior study. There will be a second reading/public hearing at the June 20 Council meeting. TAX BUDGET Ordinance 33-05 Adopting the Proposed Tax Budget for Fiscal Year 2006. Mr. Keenan introduced the ordinance. Ms. Grigsby stated that the Ohio Revised Code requires this be done annually. The most significant part of the tax budget process is that by filing, the City is able to receive local government funds. For the year 2006, the City continues to allocate 100 percent of the City's inside millage, with the understanding that beginning in 2007, it will be adjusted, based on recent discussions related to the tech park. - There will be a second reading/public hearing at the June 20 Council meeting. INTRODUCTION/PUBLIC HEARING - RESOLUTIONS AGREEMENTS Resolution 38-05 Authorizing the City Manager to Enter into an Agreement with a Competitive Retail Natural Gas Services (CRNGS) Provider. Mr. Lecklider introduced the resolution. Mr. McDaniel stated that the City provides a natural gas aggregation program to its residents and will soon complete the second year of a two-year contract with Interstate Gas Supply. The City desires to move ahead with the other three cities RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 June 6, 2005 Page 11 Held 20 that are members of the Central Ohio Public Energy Council to negotiate with competitive retail natural gas service providers for the next cycle of contracts. Staff is requesting passage of this resolution, to allow adequate time to have a new contract in place by December 31. The agreement attached to the resolution is the same as approved preYiously. Staff will continue to negotiate the agreement, and the rates will be monitored. This is being done so that the City is in a position to execute such a contract when a favorable rate is available at a future point in time, prior to expiration of the current contract. II Mayor Chinnici-Zuercher noted that there are three cities included in this, but she recalls there were more cities involved at the outset of these discussions. Mr. McDaniel responded that Reynoldsburg was involved previously, but they have not been actively participating. Mayor Chinnici-Zuercher asked about the experience with last year's contract in terms of rates in place at the time of execution of the contract. Mr. McDaniel responded that the rate was slightly higher at the time the contract was actually executed. For this reason, staff desires to have a longer time frame to watch the market which will provide a larger window for negotiation. He provided a brief comparison with the other rates in place through the last contract. Mayor Chinnici-Zuercher asked how many residents are included in the program. Mr. McDaniel responded that out of approximately 26,000 collective customers for the COPEC communities, Dublin has approximately 7-8,000. Collectively, as a group of cities, there is a substantial base of customers. In Dublin, based on the 11 solid waste count, there are 12,000 single-family residential units. Given the #"' volatility of the market over the past year, the program has done well. The goal of the program is to provide choices to consumers that they would otherwise not have. Mr. Lecklider commented that his impression at the outset would be for a high participation rate, given the fact that an affirmative action was required to opt out. Mr. McDaniel responded that many Dublin residents do manage their utilities and do not want to change. In terms of the jump in rates from year one to year two, the gas can only be purchased for a one-year period. It is a two-year contract, but is subject to market conditions and purchased one year at a time. Mr. Keenan asked if staff could articulate to residents that other providers have rates that change monthly. Mr. McDaniel responded that COPEC locks in the rate, and the market rates can fluctuate higher and lower over the contract period. Mr. McCash pointed out that in doing the cost comparisons, does staff take into account that those who use Columbus Gas service have to pay sales tax on their bill? Mr. McDaniel stated that he does not recall the intricacies of this. Everyone does pay sales tax in some manner. The real savings is in the administrative costs of delivering the gas. Wallace Maurer, 7451 Dublin Road agreed that this program does depend on the purchase of futures. He has experimented with futures in an investment exercise and has learned that it is a tricky process requiring careful monitoring. No one has a real handle on how everyday events will impact futures. The key is the ability to act quickly when things change. He asked who would make the judgment on when to execute the contract price. Mr. McDaniel stated that American Municipal Power Ohio (AMP-Ohio) is the third party administrator and advisor to COPEC. They monitor rates hourly and are familiar with the market conditions. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 June 6, 2005 Page 12 Held 20 Vote on the Resolution: Mr. Lecklider, yes; Mr. McCash, yes; Ms. Salay, yes; Mayor Chinnici-Zuercher, yes; Mrs. Boring, yes; Mr. Reiner, yes. Resolution 39-05 Authorizing the City Manager to Enter into a Joint Use Agreement with the Ohio Board of Regents. Mr. Lecklider introduced the resolution. Mr. McDaniel stated that this authorizes a joint use agreement with the Ohio Board of Regents. As Council will recall, the City submitted the Central Ohio Technology Corridor as a project for funding with the State of Ohio capital fund, and with the help of the state legislators and county commissioners, the City was successful in having the project identified for funding in the amount of $500,000. The joint use agreement is the mechanism that will allow the money to flow to the City of Dublin. Staff is requesting approval of this resolution in order to show the City's intention of receiving this money and going forward with the project with the Board of Regents. The Board of Regents is expected to approve this in late June or early July. Wallace Maurer, 7451 Dublin Road noted that there is a typo in Exhibit A, page 4, line 1, where the word "even" should be "event." The Third Frontier Network/OAR Net term - what does OAR stand for? Mr. McDaniel responded that it stands for "Ohio Academic Research Network." Vote on the Resolution: Mrs. Boring, yes; Mr. Keenan, yes; Mr. Reiner, yes; Mayor Chinnici-Zuercher, yes; Mr. Lecklider, yes; Ms. Salay, yes. t-" Mayor Chinnici-Zuercher asked that staff ensure that thank you letters be sent to the legislators who helped with this funding and that the individuals be invited to a I meeting to be acknowledged at the time the money is received. Mr. McDaniel responded that the funding is earmarked, but the City has not received the funds as of this time. Resolution 40-05 Authorizing the City Manager to Enter Into a Purchase Agreement with American Electric Power for Certain Optical Fibers, Declaring Sole Source and Waiving Competitive Bidding Requirements. Ms. Salay introduced the resolution. Mr. McDaniel noted that a detailed memo was provided on this. The City has completed the purchase of nearly 100 miles of optical fiber, pursuant to Ordinance 68-04. To make the fiber more useful, it must be connected to certain facilities. Staff has been working for several months with Battelle and Third Frontier Network to do this. They found an existing ring that would provide immediate access to the three top locations desired. The price on a cost per fiber basis is extremely competitive. The City does anticipate using state capital grant money plus a $70,000 technology grant to be received in conjunction with the Battelle economic development agreement. The proposed purchase agreement is lengthy. It mirrors the one executed with Columbus Fibernet, but does not include some of the maintenance and operational issues related to the previous purchase. Wallace Maurer, 7451 Dublin Road asked if the fibers are above or underground and what is their life span. Mr. McDaniel responded that they are 100 percent underground and the life cycle of optical fiber is 20 years. Vote on the Resolution: Ms. Salay, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mr. Lecklider, yes; Mr. McCash, yes; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes. II II RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 June 6, 2005 Page 13 Held 20 ANNEXA TION STA TEMENT OF SERVICE Resolution 41-05 Adopting a Statement of Services for a Proposed Annexation of 65.5 Acres I from Washington Township, Franklin County to the City of Dublin. (Applicant: Floyd and Joyce Miller) Mr. Keenan introduced the resolution. Mr. Smith stated that Resolutions 41-05 and 41-05 are required under the revised state annexation laws prior to the hearing by the county commissioners. Mr. Keenan asked if there is an agreement in place regarding fire and EMS services from the township. Mr. Smith responded that this land is already located in Washington Township and therefore an agreement is not required. There is another potential annexation in Jerome Township where a three-party agreement will be needed to address the service issues. Vote on the Resolution: Mr. McCash, yes; Mr. Reiner, yes; Ms. Salay, yes; Mrs. Boring, yes; Mr. Lecklider, yes; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes. ANNEXA TION STA TEMENT OF INCOMPA TIBLE LAND USES Resolution 42-05 Adopting a Statement Regarding Possible Incompatible Land Uses and Zoning Buffer for a Proposed Annexation of 65.5 Acres, More or Less, From Washington Township, Franklin County to the City of Dublin, Ohio as Required by Section 709.023{c) of the Ohio Revised Code. Ms. Salay introduced the resolution. Vote on the Resolution: Mr. Lecklider, yes; Mr. Keenan, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mayor Chinnici-Zuercher, yes; Ms. Salay, yes; Mr. McCash, yes. BID ACCEPTANCE Resolution 43-05 Accepting the Lowest and Best Bid for the Printing of the Recreation Program and Activities Brochure. Ms. Salay introduced the resolution. Ms. Brautigam stated that staff recommends the low bid submitted by Hopkins Printing. 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. APPOINTMENT Resolution 44-05 Appointing a Member to the Parks & Recreation Advisory Commission. Mr. McCash introduced the resolution. Mr. Keenan reported that the Administrative Committee interviewed a number of candidates and Kenneth Frazer is recommended for appointment at this time. Vote on the Resolution: Mr. Reiner, yes; Mr. Keenan, yes; Mr. McCash, yes; Mrs. , Boring, yes; Ms. Salay, yes; Mr. Lecklider, yes; Mayor Chinnici-Zuercher, yes. OTHER . Final Plat - Post Preserve, Section 3 - Lots 100 through 145 The materials were provided in the packet. There were no questions. Ms. Salay moved approval. Mr. Lecklider seconded the motion. \ I RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 June 6, 2005 Page 14 Held 20 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. CITY MANAGER/STAFF REPORTS I! Ms. Brautigam: 1. Introduced Sara Ott, new Assistant City Manager. She has been with the City for the past two years and previously served as an intern with Mr. McDaniel. She has an M.P.A. from the University of Kansas and served in Liberty, Missouri prior to Dublin. She assumed the duties of this position on June 1. She previously served as the City's Training and Accreditation Coordinator. 2. In tonight's Finance Committee meeting, the possible location of a visitors' center or kiosk downtown was discussed. The northwest corner of Bridge and High was mentioned as a possible site. She is requesting II that Council to direct staff to return in several weeks time with a request for proposal to be sent out for the development of the City-owned site at I I I Bridge and High. Staff has been working for over a year for deyelopment of this site, but it did not work out. Some community members were supportive of having more proposals than one. Staff would like to move I forward with this, as Historic Dublin is a top priority of Council. Ii Mr. Keenan asked if the site would also include a potential location for a visitors center, and would this be included in the RFP? Ms. Brautigam responded "no" - that she felt that the Finance Committee gave direction to locate a visitor center in the public space between the present DCVB offices and the Dublin Village Tavern. Staff will brainstorm and return to Council with a rough draft of an RFP for the Bridge and High corner before ._.,..._~ moving forward. Mr. Lecklider moved to direct staff to draft an RFP for development of the city- owned land at Bridge and High and bring this to Council for review. Mr. Keenan 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. 3. Reported that on May 25, staff attended the first meeting of the Executive Committee of the US 33 Corridor group. Staff represented the City of Dublin, in the absence of Council representatiYe Keenan. All the other communities were represented with the exception of Jerome Township. A decision was made that Jenny Snapp, the Executive Director of the Logan/Union/Champaign County Regional Planning Committee will act as a secretariat for the Committee and will propose policies for how the group will operate. The next meeting will be Tuesday, June 28 in either Dover or Millcreek Township. She will provide information to Council on this when it is received. Mayor Chinnici-Zuercher asked if Jerome Township plans to participate in this group or were they not available that evening? Ms. Brautigam stated that Jerome had not appointed a representative to the group at that time. Ms. Snapp will contact the Trustees to request that they appoint a representative. 4. Staff is requesting that the Administrative Committee meet in late June regarding a proposal from the in house Employee Benefits Team's of a three-year strategic plan for reducing medical plan costs. Mayor Chinnici-Zuercher asked that Mr. McCash set up a date/time for this meeting of the Committee. Following discussion, it was set for Wednesday, June 29 at 6 p.m. in Council Chambers. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 June 6, 2005 Page 15 Held 20 COUNCIL COMMITTEE REPORTS/COUNCIL ROUNDTABLE Mr. Keenan: 1. Asked that Engineering staff inspect the sidewalk in front of the Michael James' home on Coventry Woods Drive. He has been told that is quite dangerous. He is not sure of the program priorities and if there are contingencies for such situations. 2. He asked the Law Director about the status of the property at Wilcox and Shier Rings. Mr. Smith responded that they are gathering information at this time, he has reviewed a portion of it today, and meetings are set up with staff. I Mr. Reiner reported that he met with the BIA representative regarding topsoil I I' management and preliminarily reviewed some ideas with him. He would like to secure some more expert opinion from Ohio State on this before scheduling the Community Development Committee meeting. Mrs. Borinq: 1. Noted that she understands that the City has an ordinance that addresses I I tents during special events for restaurant use. I Ms. Brautigam responded that the City has an ordinance that allows restaurants to have a special events license for that during a short period of time. Mrs. Boring noted that in regard to tents in parking lots, there is little control oyer car dealer lots - they simply secure a tent permit from the Washington Township Fire Department. She considers tents to be like signs and would like these reviewed immediately in the CDD regulations and then overall for the City of Dublin. Mr. Smith asked if the concern is with the City's tent permitting or what she believes is not being regulated in the commercial area. Mrs. Boring stated that these are not being regulated in the commercial areas. She is not certain how the other Council Members feel, but typically, these kinds of items are regulated. 2. In regard to the Lowe's property, the Planning Commission has asked for , enforcement of the restriction of outside display of plant materials. She has i I I, reviewed the minutes and the applicant understood that this was not II I permitted. Ms. Salay added that she would like the retention area on the south side of their property to be addressed. It still looks unfinished. ,I Mr. Smith responded that he will follow-up on the outside display issue for Lowe's. II Mayor Chinnici-Zuercher recalled that when Lowe's opened, Council was told that the entranceway was in the wrong location and that it would have to be redone. For that reason, the detention area was not finished. Mr. Hammersmith responded that is correct. They actually did move the detention pond, as it was in the right-of-way for 161. Mr. Lecklider complimented City staff for the events of the last week associated with the Memorial Tournament. He heard many positive comments from out of town guests at his home about the appearance of the City. He thanked Washington Township for the services provided during the week. Mayor Chinnici-Zuercher: 1. Echoed the positive comments regarding the City staff and Washington Township staff support for the Tournament events. 2. Noted that the forms have been distributed to Council regarding the July Fourth celebration. She asked that Council members return the forms to Community Relations. 3. The LPGA is on the calendar for August, and she asked that Council ensure that they make plans to attend. \ RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC, FORM NO. 10148 June 6, 2005 Page 16 Held 20 4. Happy Birthday to Council Member McCash! She invited everyone to stay for birthday cake. ADJOURNMENT There being no further business, Mayor Chinnici-Zuercher adjourned the meeting at 9: 15 p.m. ~(I~~ Clerk of Council I I i i I I