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HomeMy WebLinkAboutCouncil Minutes 08-22-2011RECORD OF PROCEEDINGS Minutes of Dublin City Council M_ eetin2 August 22, 2011 Mayor Lecklider called the Monday, August 22, 2011 Regular Meeting of Dublin City Council to order at 7:00 p.m. at the Dublin Municipal Building. PLEDGE OF ALLEGIANCE Mr. Keenan led the Pledge of Allegiance. ROLL CALL Present were Mayor Lecklider, Vice Mayor Salay, Mrs. Boring, Ms. Chinnici - Zuercher, Mr. Gerber, Mr. Keenan and Mr. Reiner. Staff members present were Ms. Grigsby, Mr. Smith, Mr. McDaniel, Chief von Eckartsberg, Ms. Crandall, Mr. Hahn, Ms. Puskarcik, Mr. Thurman, Mr. Harding, Mr. Earman, Mr. Hammersmith, Ms. Ott, Ms. Gilger, Ms. Rauch, and Ms. Ruwette. CITIZEN COMMENTS Wallace Maurer, 7451 Dublin Road addressed Council. He noted that years ago, he visited the Field of Corn public art and experienced a flashback to childhood memories of farms visited with his parents. On Thursday evening, he attended the dedication of the Bicentennial art project, which is an ingenious instrument for triggering unpredictable memories. In the early discussion of this project and up to the present, there were options presented in regard to having ivy grow on the artwork. Personally, he would be irrevocably opposed to ivy plantings, as they would smother the potential effect of the structure. There is a need to have sunlight at different times of day shining through the structure, and vine growth would prohibit that. Secondly, he thought that Council had come to a successful understanding with him several years ago about the premise of the First Amendment. However, he read in a recent newspaper article that the ACLU has called the Dublin July Fourth parade unconstitutional because some candidates for elected office asked to participate in the parade but were informed they could not. This is serious and unfortunate, and if this is the case, he suggests that those persons receive an apology and be named in the newspapers. He asked for a response. Mayor Lecklider responded that this matter has been resolved. Mr. Smith stated that the Law Department has met with the ACLU and the City is redrafting the parade guidelines to address the issues raised. These revised guidelines will be in place prior to the next parade in Dublin. CONSENT AGENDA Mayor Lecklider noted that eight items are proposed for action on the consent agenda. He moved to waive the Council Rules of Order to utilize a consent agenda and to approve the actions as proposed on the consent agenda. Mr. Keenan seconded the motion. Mayor Lecklider asked whether any Council Member has a request to pull an item from the consent agenda. Hearing no response, he asked the Clerk to call the vote on the motion. Vote on the motion: Mr. Reiner, yes; Mrs. Boring, yes; Mr. Gerber, yes; Ms. Chinnici- Zuercher, yes; Mr. Keenan, yes; Vice Mayor Salay, yes; Mayor Lecklider, yes. 1. Acceptance of Correspondence a. Notice to Legislative Authority — Transfer of License for D1, D2, D3 and D6 permits (in safekeeping) from Hsiang Chi Giun Inc., dba Dublin Express, 6546 Riverside Drive, Dublin, Ohio to Rainbow Hospitality Columbus LLC, 6502 Riverside Drive, Dublin, Ohio. b. Notice to Legislative Authority — Economic Development Transfer (TREX) of D2 and D2X permits (in safekeeping) from L.W. Reed Inc. dba Larry's, 2402 Hillman Street & Patio, Youngstown, Ohio 44507 to Piada Sawmill LLC, dba Piada, 6495 Sawmill Road, Dublin, Ohio. 2. Acceptance of Minutes of Regular Meeting of August 1, 2011 3. Ordinance 41 -11 (Second reading /vote) Authorizing the City Manager to Execute Necessary Conveyance Documentation to Accept the Dedication of a 1.528 Acres, More or Less, Fee Simple Interest, RECORD OF PROCEEDINGS the Dublin City School District. (Hyland -Croy project) 5. Ordinance 46 -11 (Introduction /first reading) Authorizing Settlement in the Litigation City of Dublin v. the Post Hylands Co., Case No. 11 AP- 219/08CV- 17957. 6. Resolution 40 -11 (Introduction /vote) Accepting the Lowest and Best Bid for the Ballantrae Spray Park Improvements Project. 7. Resolution 42 -11 (Introduction /vote) Accepting the Lowest and Best Bid for the Ballantrae Section 9 Water Improvement Only (11- 016 -CIP); the Dublin and Glick Road 12 -Inch Water Main Improvements (11- 018 -CIP); Emerald Parkway Intersection Improvements — Cardinal Health — 8 -Inch Water Main Improvement only (07- 007 -CIP). 8. Resolution 43 -11 (Introduction and Vote) Authorizing the City Manager to Enter Into a Site Occupancy Agreement With Dublin City Schools for an Emergency Warning Facility at Jerome High School. Dublin City Cou ncil August 22, 2011 Meet Page 2 and a 0.382 Acres, More or Less, Utility Easement from the Board of Education of the Dublin City School District. (Emerald 8 project) 4. Ordinance 42 -11 (Second reading /vote) Authorizing the City Manager to Execute Necessary Conveyance Documentation to Accept the Dedication of a .757 Acres, More or Less, Fee Simple Interest, a 0.769 Acres, More or Less, Utility and Drainage Easement, a 0.112 Acres, More or Less, Utility and Drainage Easement, and a .706 Acres, More or Less, Temporary Construction and Grading Easement from the Board of Education of ORDINANCES — SECOND READING /PUBLIC HEARING /VOTE Ordinance 43 -11 Authorizing the City Manager to Execute Necessary Conveyance Documentation for the Acquisition of 0.480 Acres, More or Less, Fee Simple Interest From John T. Byers, and Declaring an Emergency. (COIC Phase 2 Sanitary Sewer Extension Project) Mr. Hammersmith stated that this acquisition will allow construction of Phase 2 of the Central Ohio Innovation Center sewer that extends to the Job Ready sites location west of SR161 and Cosgray Road. He shared a slide depicting the location of this project. The negotiated price for this acquisition is $50,000 and consists of .480 acres. Staff recommends approval of this ordinance. Mayor Lecklider asked staff to comment regarding the request for emergency action. Mr. Smith responded that staff has indicated to Mr. Byers that this would be approved by emergency at the second reading. Vice Mayor Salay moved to treat this as emergency legislation. Mr. Gerber seconded the motion. Vote on the motion: Mrs. Boring, yes; Mr. Keenan, yes; Mr. Reiner, yes; Ms. Chinnici- Zuercher, yes; Mr. Gerber, yes; Mayor Lecklider, yes; Vice Mayor Salay, yes. Vote on the Ordinance: Mrs. Boring, yes; Vice Mayor Salay, yes; Mayor Lecklider, yes; Mr. Gerber, yes; Ms. Chinnici - Zuercher, yes; Mr. Reiner, yes; Mr. Keenan, yes. Ordinance 44 -11 Authorizing the Provision of Certain Incentives to Everris NA Inc. to Induce it to Locate an Office and Associated Operations and Workforce within the City, and Authorizing the Execution of an Economic Development Agreement. Ms. Gilger stated that, as indicated at the first reading, the proposed agreement provides for a six -year, 15 percent performance incentive, capped at $37,000. It will retain 20 jobs to the Central Ohio area and create 10, for a total of at least 30 jobs in Dublin. The company would be required to execute a lease through 2018. There is a one -year performance bonus year for a minimum three -year lease extension, which would keep the company in Dublin through 2021. They will locate in the TechMart offices at Frantz and Blazer Parkway. Present tonight are Ray Simpson and Chris Swanek of Everris NA Inc. RECORD OF PROCEEDINGS Minutes of Meeting Dublin City Council Page 3 August 22, 2011 Ray Simpson, Everris stated that the company recently purchased the Scotts Pro division, which is an ornamental specialty agriculture and turf global company, with primary customers of greenhouses and nurseries, golf courses, large municipal turfs, etc. The team in Marysville, which will relocate to the Dublin TechMart, primarily supports the Americas of this global company. Chris Swanek, Everris added that the zoning in place permits them to build a lab facility for innovation in the horticulture area. Mayor Lecklider asked about the size of the lab and their gross annual sales. Mr. Simpson stated that the lab will consist of 1,800 square feet within the 8,700 square foot office space being leased. Their sales within the Americas total about $61 million; and $300 million, globally, in the last fiscal year. Mr. Reiner noted that he is aware that Everris acquired Peters and Osmocote, which are excellent products. He is amazed that the entire Americas market can be operated with this size of staff. Mr. Simpson stated that the production plant is actually in South Carolina; the Dublin team will be the administrative office. Mayor Lecklider welcomed the company to the Dublin community. Vote on the Ordinance: Mr. Keenan, yes; Ms. Chinnici - Zuercher, yes; Mayor Lecklider, yes; Mr. Reiner, yes; Mr. Gerber, yes; Vice Mayor Salay, yes; Mrs. Boring, yes. Ordinance 45 -11 Rezoning Approximately 20.1 Acres Located on the South Side of Rings Road at the Intersection with Atrium Parkway from PCD, Planned Commerce District (Chakeres Wheatley Puckett), to PUD, Planned Unit Development District. (Atrium II) (Case 11- 034Z /PDP /FDP) Ms. Rauch stated that this rezoning was introduced at the August 1 meeting, and no changes have been made since that time. Staff and the applicant are available to respond to any questions. Vice Mayor Salay asked when the building will be occupied. Aimee D'Amore Vice President of Asset Management, Duke Realtv property owner stated that Alcatel Lucent are a major tenant and will commence their move at the end of next week. They will phase in their occupancy over the next 20 to 30 days. She added that another potential major user looked at the building recently, and they are hopeful of having the building leased by the end of the year. Mayor Lecklider asked how much available space remains in the building. Ms. D'Amore responded that Alcatel Lucent leased about 120,000 square feet. Approximately 50 percent of the building remains vacant or four full floors out of 10, counting both towers. Mr. Keenan noted that the sign package is likely helpful in attracting tenants. Ms. D'Amore responded affirmatively. Another corporate user is considering leasing the facility, and this is an important factor. Mayor Lecklider noted that the City's Economic Development staff is available to assist them as needed. Vote on the Ordinance: Ms. Chinnici - Zuercher, yes; Mrs. Boring, yes; Mayor Lecklider, yes; Mr. Reiner, yes; Mr. Keenan, yes; Vice Mayor Salay, yes; Mr. Gerber, yes. ORDINANCES - INTRODUCTION /FIRST READING Ordinance 47 -11 Authorizing the Provision of Certain Incentives to Kentrox to Induce it to Retain and Grow an Office and Associated Operations and Workforce within the City, and Authorizing the Execution of an Economic Development Agreement. Mr. Gerber introduced the ordinance. RECORD OF PROCEEDINGS Minutes of Meeting Dublin City Council August 22, 2011 Page 4 Ms. Gilger stated that Kentrox was formerly Applied Innovation and did own a large facility at one time. That facility is now owned by Stanley Steemer and is now their official headquarters. For the last several years, Kentrox has been subleasing space in that facility. They are now seeking a new location and have considered locations in Central Ohio. The proposed economic development agreement includes a four -year, 12 percent performance incentive for Kentrox to retain them in Dublin. It would be capped at $65,500 and would retain 69 jobs to Dublin. Kentrox is willing to commit to creating 11 additional jobs before 2015 and would execute a lease to continue through 2016. Additionally, a double bonus performance incentive is included for 2016 and 2017, which would be capped at $35,000 — if Kentrox would execute an additional three -year lease, committing them to Dublin through 2019. The City estimates it would net approximately $677,000 with this incentive agreement. They have identified Cramer Creek office building as a location, which would allow them to have a lab component under the current zoning. There remains competition with another Central Ohio community for this company. They will make a decision very soon, as they must be out of their current facility by September /October. The company officials will be present at the second reading on September 12. There will be a second reading /public hearing at the September 12 Council meeting. Ordinance 48 -11 Authorizing the Provision of Certain Incentives to the Wendy's Company to Induce it to Locate a Headquarters Office and Associated Operations and Retain and Grow its Workforce within the City, and Authorizing the Execution of an Economic Development Agreement. Mr. Gerber introduced the ordinance. Ms. Gilger stated that staff has been actively working with Wendy's after the announcement earlier this year that the Arby's brand had been sold, resulting in the Atlanta headquarter location being in flux. Staff has worked with them to bring the official Wendy's headquarters title back to Dublin from Atlanta. They would also consider relocating a minimum of 50 executive level jobs back to Dublin, as well as retaining the 390 positions currently in Dublin. Wendy's was considering a variety of options for headquarters, including outside and within Ohio. Staff is proposing an incentive package, which takes into account the retention of jobs, the expansion of jobs, and the potential $11 -12 million capital investment into their current headquarters along S.R. 161 at One Dave Thomas Boulevard. The agreement proposes an $8.2 million incentive package over a 10 -year period. The City expects to net approximately $6.9 million. It is important to note that $1.2 million of the incentive package is the value of the Dublin fiber optics, as well as the cost avoidance for fiber optics for the company over a ten -year period. The incentive package also includes a 10 -year performance -based incentive at 30 percent, with a maximum cap. It also includes a 10 -year retention grant. It is also important to note that the Wendy's campus is located within a tax increment financing district and therefore, any improvements made will increase the service payments already being collected. Any additional public improvements in and around the area can be funded through this existing TIF. She offered to respond to questions, and noted that representatives of the company will be present at the second reading in September. There will be a second reading /public hearing at the September 12 Council meeting. OTHER • Muirfield Drive Bike Lanes Analysis of Two Alternatives - Public Involvement Report Mr. Hammersmith stated that on April 11, staff presented the results of the analysis of two alternatives for bike lanes along Muirfield Drive. The study area extends from Brand Road to Glick Road. The alternatives are: 1) widen Muirfield Drive on the outside and provide for bike lanes on the outside; or 2) widen the inside toward the RECORD OF PROCEEDINGS Minutes of M eetine Dublin City Council August 22, 2011 Page 5 median, and provide the bike lanes of 4 -5 feet in width on the outside of the road itself. Staff's recommendation, as outlined in the report, is to pursue Alternative 1 at an estimated cost of $1,460,000 and to include this project in the proposed 2012 -2016 Capital Improvements Program, with design and construction taking place in 2013. In addition, staff recommends construction of a multi -use path connection from Brand Road to Moors Place at an estimated cost of $178,000. This item was a side discussion at the Brand Road multi -use path facility study. Staff would recommend that Council review this project in conjunction with the Transportation portion of the CIP workshop on August 29. Staff will proceed as Council directs. Mr. Hammersmith noted that the project requires extension of some of the pedestrian tunnels located beneath Muirfield Drive, specifically of two, by adding sections to the tunnels. An evaluation matrix is available, which indicates the pros and cons of each alternative. Through the public involvement process, staff learned that in general, and from the Muirfield Association, there was favor for widening to the outside versus reducing the width of the median and losing some of that greenspace in the middle of the roadway. He shared a slide depicting the connection from Brand Road to Moors Place. This connection extends from the existing path around the north side of the roundabout. Staff is proposing to construct this connection along the west side of Muirfield Drive, essentially with a route traveling from the existing path to the north, requiring a pedestrian bridge over the north fork of the Indian Run, adjacent to the footbridge in the southbound lane of Muirfield Drive, continuing the path to Moors Place, striping across Moors Place, connecting to the existing path system within Muirfield itself. This location was selected over the east side of the roadway as a result of where the existing path is located along the east side of Muirfield — quite a distance north of Muirfield Greene, extending into Muirfield Greene and not along Muirfield Drive itself. The east side connection is more difficult to make than on the west side of Muirfield Drive. Mayor Lecklider asked if the western route runs parallel to Muirfield Drive the entire length to Glick. Mr. Hammersmith responded that, in general, it does. Vice Mayor Salay asked if the Muirfield path this connects to is private. Mr. Hammersmith confirmed the Muirfield trail system this would connect to is private. Vice Mayor Salay asked if Muirfield is agreeable to having cyclists, pedestrians and joggers on their private trail system, given the signage in place that indicates it is a private system. Mr. Hammersmith responded that they have not voiced any objections and have indicated support for the connection to their trail system. It seems more a matter of providing a connection from their system to the public path system. Mr. Hammersmith stated that the estimate cost of this path connection is $178.000. In terms of public comments received at the meeting at Wyandot Elementary on June 1, there was sparse attendance of 5 -6 interested parties, other than staff. Those attending expressed support for the bike lanes, and preferred Alternative 1. These comments were provided in the Council packet. Comments were also solicited through the website, and those 11 comments were provided in the packet as well — some in favor of Alternative 1, some in favor of bike lanes, and some questions about the need and purpose of bike lanes in relation to their cost. Staff also received a letter of support from the Muirfield Association and included it in the report. It favors Alternative 1 and the connection to the north. The Muirfield Association letter also included a request to connect the path north of Glick Road and provide a path that would extend up Concord Road and tie into an existing path along Tartan Fields, leading to Eli Pinney Elementary. The challenge with this connection is getting beneath the cart bridge over Concord Road and making that connection. It is also a RECORD OF PROCEEDINGS Minutes of Meet Dublin City Council August 22, 2011 Page 6 Delaware County/Concord township jurisdictional issue, as this land is outside of the City of Dublin. Ms. Grigsby added that staff has discussed with the School District potential grant funding through Safe Routes to Schools program to assist in construction of that portion. In addition, some funding is programmed in the five -year CIP to address the gap that currently exists. Mrs. Boring asked if the general nomenclature is being changed to multi -use paths, and if this is proposed as a bike lane or multi -use path. Mr. Hammersmith responded that this particular project consists of bike lanes. What was referred to in the past as "bikepath" should be referred to as "shared use or multi- use path," since they are not used exclusively by bicyclists. However, this project provides for bike lanes along the Muirfield Drive roadway for the exclusive use of bicycles — not for pedestrians or joggers. These are designed for more experienced cyclists traveling through the community as well as the recreational cyclists. Mayor Lecklider asked if staff could provide additional clarification regarding the bicycle counts document from May 12, 2010. Ms. Grigsby stated that this information was provided by MORPC in their bicycle count data. A question about counts was raised at the April discussion of the Muirfield Drive bike lanes, and for this reason the information was included in the packet. The City of Dublin provided volunteers for the MORPC counts. Ms. Crandall can provide additional clarification. Ms. Crandall stated that in response to previous questions about bicycle counts, staff included this information. She noted that in the May 12, 2010 count, the weather was not favorable. Staff plans to conduct another count this fall. Mayor Lecklider asked what the count was attempting to measure. Ms. Crandall responded that the count was of pedestrians and cyclists, both on the multi -use paths and on the street. Ms. Chinnici - Zuercher asked why the road needs to be widened greater than what already exists. Mr. Hammersmith responded that, currently, Muirfield Drive consists of two 11 -foot lanes with a maximum 18 -inch shoulder. Bike lanes are required to be a minimum of four feet in width, and the desire is for five feet in width. The existing pavement width would not accommodate this and therefore needs to be widened. Another alternative is to have a shared -use lane, such as the ones being provided on Emerald Parkway, but the width is not adequate. Emerald Parkway will be restriped to accommodate a shared -use lane for bicycles. Ms. Chinn ici-Zuercher stated that she has observed shared -use lanes in other cities, and in Columbus as well. Mr. Hammersmith responded that, personally, he does not believe that additional facilities are provided for cyclists with such a system — only warning is provided that bicycles are sharing the roadway. There is a false sense of security for cyclists with these systems. Mr. Keenan stated that he had understood that a multi -use pathway was to be incorporated into this project in view of its cost of nearly $1.5 million. Mr. Hammersmith responded that this project is strictly bike lanes — and does not include a multi -use path. Mr. Keenan asked if the data gives any indication of the usage in this stretch of Muirfield Drive by cyclists and pedestrians. Mr. Hammersmith responded that he is not familiar with the data. Mr. Keenan suggested that the data could be reviewed at the CIP workshop. If this project moves forward, he would be interested in counts to determine the usage at this time and then in three years. He would have preferred reviewing data on usage of RECORD OF PROCEEDINGS Minutes of M eetine Dublin City Council August 22, 2011 Page 7 the bike and pedestrian tunnels as well in view of their cost. He believes people are not using the tunnels, but instead are using the at -grade crossings. Mr. Hammersmith responded that staff can attempt to forecast projected usage of the bike lanes. Ms. Chinnici - Zuercher noted that she observed many groups of serious bikers along Muirfield Drive over the weekend. It is important to educate the public about the availability of the bike lanes and tunnels so they will be utilized. Currently, many cyclists who bike regularly go to the rural areas due to safety concerns. Mr. Keenan stated that he not opposed to the bike lanes project along Muirfield Drive — but he thought that the project would also include multi -use paths as well. Mr. Reiner clarified that these bike lanes are part of the recommendation from the Bicycle Advisory Task Force. Will these bike lanes complete the north to south bicycle connection within the city? Mr. Hammersmith responded affirmatively, due to the existing path on Avery Road and along Dublin Road. Riverside Drive does not have such a connection, but was not considered as a good alternative at this point for bike lanes — although that may occur in the future. Mr. Reiner stated that he, too, observed many cyclists using Muirfield Drive over the weekends and this will facilitate a much safer route for those heading to the rural areas to bike. Mayor Lecklider noted that in terms of traversing the City north to south, staff has indicated that this stretch would facilitate that. Mr. Hammersmith clarified that one could travel from Glick Road south, down Muirfield Drive, all the way south to the City limits. Mayor Lecklider clarified this would not be a bike lane corridor, however. Mr. Hammersmith agreed — this includes bike lanes and bikepaths to traverse the community. This project would include the first bike lanes in the community. Emerald Parkway will include a shared use lane — not a separate bike lane. Mayor Lecklider noted that the Bicycle Advisory Task Force also recommended the construction of a multi -use path along this same section of Muirfield Drive. Mr. Hammersmith responded that is correct, but Council's direction at the CIP discussion nearly a year ago was to analyze having bike lanes added along Muirfield Drive, as it was indicated as a priority for the BATF versus a multi -use path. Vice Mayor Salay noted that these are the first dedicated bike lanes in the community, but she recalls that the goal at the time the BATF was established was to make the community more bicycle- friendly. This is a first step, and she is hopeful this will improve conditions for recreational cyclists as well as those desiring to commute with bike lanes. Mr. Reiner added that this bike lane will funnel many who live in the northwest quadrant of the City to Brand Road and then to the downtown District of Dublin. This will facilitate good transportation via bicycle in the community. Mr. Hammersmith added that the other north -south corridor being worked on is the Hyland -Croy area, along Tartan Ridge and Tartan West. Eventually, this will be another north to south corridor for bicyclists. Currently, however, this route ends at Perimeter Drive. Mrs. Boring pointed out that the bicycle- pedestrian tunnels are being heavily used, especially the one near Brandonway and Dublin Road. Because of this tunnel, the Schools no longer need to bus students from across the roadway. She observes many families using the tunnels on the weekends. She believes these tunnels are a good investment for the community. Mayor Lecklider recalled an earlier presentation and the potential for having to move the streetlights in conjunction with this project. RECORD OF PROCEEDINGS Dublin City Council August 22, 2011 Page 8 Hel Mr. Hammersmith responded that was part of the April 11 presentation, and staff's recommendation was to take over ownership of those street lights and replace them with the current standard, including an LED fixture. Mayor Lecklider noted that the result of that relocation is the City assuming ownership and responsibility for the lights. Mr. Hammersmith responded that the City also has the option of having AEP move the street lights, retain ownership, and continue to pay AEP for them. However, consistent with other projects, the City would install the lights, maintain ownership of the lights, and assume responsibility for them. Mayor Lecklider asked if there have been traffic counts done on this portion of Muirfield Drive. Mr. Hammersmith responded that traffic counts have been done. Staff can provide that information. Mayor Lecklider stated that he drives this stretch of roadway and does not believe there is difficulty for a driver passing a cyclist on the roadway. Is there some type of unsafe condition existing along this roadway? Mr. Hammersmith responded that passing a cyclist requires a lane change for a motorist, and it is problematic when there are cars in both lanes. The bike lanes will provide a safer facility for cyclists, as the City expects more cyclists to use the streets in the future. Mayor Lecklider stated that he is struggling with the expense involved, under the present circumstances where there is a multi -use path that allows traversing the City from north to south. Mr. Hammersmith responded that there is not a City-owned path in this section of Muirfield Drive. Mayor Lecklider noted that he understands that, but he recalls discussion of the City perhaps taking ownership of this private system for this purpose along Muirfield Drive. Ms. Grigsby responded that the discussion in the past has been that there would not be an issue with pedestrian and bicyclist use of the private path along Muirfield Drive, once the connection was made to the City path system. Mayor Lecklider asked if it would be outside the realm of possible discussion for the City to talk with Muirfield about taking ownership of this path and improving it to City standards. Mr. Hammersmith responded that if Council desires that staff pursue this option, it can be done. Mayor Lecklider stated that, personally, he would favor this, as it would accommodate more users. He is struggling with the justification of spending $1.5 million for bike lanes in this five -year CIP. Mr. Reiner stated that the BATF reviewed this issue in depth and developed these recommendations. In terms of expense, taking the existing private trail system in Muirfield and modifying it to be a public, safe system to meet the current standards would likely cost more than this proposal. The BATF considered that option. The Muirfield private system, at best, is a leisure trail system, with grade changes, bridges, etc. The Association would likely welcome the City funding this, but this proposed connection is more efficient from a cost perspective. Vice Mayor Salay asked if he is speaking of the existing private system along Muirfield Drive. Mr. Reiner responded that the private path system is not parallel to Muirfield Drive, but is a meandering, winding path. Vice Mayor Salay asked about the existing width of Muirfield Drive. Mr. Hammersmith responded that, generally, it is 23-24 feet of asphalt. The lanes are striped at approximately 11 feet in width. Vice Mayor Salay asked if a sharrow would be a compromise between a bike lane and a multi -use path. RECORD OF PROCEEDINGS Minutes of — Meeting; Dublin City Council August 22, 2011 Page 9 Mr. Hammersmith responded that, absent the pavement width needed and recovery shoulder needed, it is not possible. On Emerald Parkway, there will be a 15 -16 foot lane and a 10 -11 foot lane on the inside, once the shared use lane is striped out. Mr. Reiner stated that the BATF discussed the safety issues of having motorists passing cyclists on the roadway and determined that additional asphalt would be needed on both sides of the roadway. Two other benefits are that, even with the existing width of the road, there are constant repairs, because it does not have curb and gutter. This will give the motorist some more pavement width, reducing the need for future repairs. Secondly, during the Tournament week, parking is allowed head -in in the median area, which allows a very narrow clearance to negotiate a car passing through. This will provide additional pavement for a driver to negotiate the roadway safely. Mrs. Boring asked staff what they are seeking from Council tonight. Mr. Hammersmith responded staff is seeking direction from Council about keeping this project in the proposed CIP for discussion on August 29, and direction about programming timeframe for the project. Mrs. Boring moved to direct staff to proceed with the recommendations made tonight. (Alternative 1 for bike lanes along Muirfield Drive and construction of a multi -use path along the west side of Muirfield Drive between Brand Road and Moors Place) Mr. Gerber seconded the motion. Vote on the motion: Mr. Gerber, yes; Mr. Reiner, yes; Vice Mayor Salay, yes; Mrs. Boring, yes; Mayor Lecklider, no; Mr. Keenan, yes; Ms. Chinnici - Zuercher, yes. • Amendment to Council Rules of Order to Provide for Use of a Consent Agenda Mr. Smith stated that this is draft legislation to amend Council's Rules of Order to allow for use of a consent agenda. Formal legislation will be prepared for Council's consideration at their September 12 meeting. Mrs. Boring suggested that, in order to be consistent with Section 2, consideration should be given to clarifying in Section 1, 6d, that ordinances may be approved under the consent agenda; also the second "d" should be relabeled as "e." Mr. Smith indicated the clarification and correction would be made in the legislation before introduction. STAFF COMMENTS Ms. Grigsby stated that a memo was provided in the Council packet regarding proposed changes to the employee health care plan. Does Council prefer to schedule an Administrative Committee of the Whole meeting for discussion of the proposed changes, or are Council members comfortable with the changes as proposed. Ms. Chinnici - Zuercher expressed a preference to schedule an Administrative Committee of the Whole meeting to review the details. She does not have a clear understanding of the proposed changes. Mayor Lecklider concurred. The consensus of Council was to schedule an Administrative Committee of the Whole meeting at 5:45 p.m. on Monday, August 29, preceding the CIP workshop, which begins at at 6:30 p.m. Mayor Lecklider noted that an Executive Session is needed immediately following tonight's meeting. COUNCIL COMMITTEE REPORTS /COUNCIL ROUNDTABLE Mr. Reiner 1. Stated that some municipalities are adopting legislation to allow permeability on sites, such as use of gravel driveways, which meets the current LEED point system. He reviewed the City of Bexley's ordinance on this topic. In view of the City's investments in sewer relining and the amount of stormwater diverted from the normal watershed and into the sewers, he would like to have staff research this matter. RECORD OF PROCEEDINGS Minutes o Dublin City Council August 22, 2011 Page 10 Meetln Mr. Hammersmith responded that this would involve both review of Engineering standards and input from Planning. Mr. Reiner added that a very high standard is needed. This is something worthwhile to consider, as well as items like cisterns, in view of the rising costs of water supply. Cisterns can be used to water lawns with a pump installation. Environmental benefits and cost reductions can be achieved with these changes. Staff agreed to research this matter. 2. Inquired if there are plans for a roundabout at the Brand Road /Avery Road intersection. Mr. Hammersmith responded that this improvement is in the beyond five -year category of the CIP. There is not a significant crash history at this intersection that indicates it would be a priority in terms of intersection improvements. Long term, an improvement will be made, and will be a roundabout. Mr. Reiner indicated that he recently observed a six -car stacking on all four sides of the intersection. Mr. Hammersmith responded that is due to confusion of drivers regarding whose turn it is to proceed. Staff has discussed the interim solution of striping out the left turn lanes, reducing the intersection to one lane on each leg. This would reduce the eight lanes at the intersection to four, which means that four drivers and not eight would be making decisions to proceed. 3. Stated that the tops of the street trees along Hard Road appear to be impacted by the Emerald ash borer. Four or five years ago, he had suggested that the City plant 1 -1/2 to 2 -inch caliper trees in between the ash trees in anticipation of a possible future need to remove the ash trees. If that were to occur, a corridor of street trees would remain in place. What is the status of those plans? Mr. Hahn responded that these Hard Road trees were included in the first round of Emerald ash borer treatments that occurred in spring 2010. Perhaps that treatment was not successful. Staff will investigate the situation. Ms. Chinnici - Zuercher 1. Referred to recent emails concerning the closing of businesses in the Shoppes at River Ridge. A recent news article quoted City staff as indicating that the City is looking at ways to support these retail businesses. What assistance is the City considering? Ms. Grigsby responded that the City has discussed the matter, specifically some of the property restrictions, with Fifth Third, who holds the mortgage on the property. Mr. McDaniel confirmed that discussions are ongoing with Fifth Third and Continental Realty. They are considering the introduction of other uses permitted under the current zoning in order to increase the patrons coming to the Shoppes. Ms. Chinn ici-Zuercher stated that today she spoke with one of the retail business owners, who indicated that they have been unsuccessful in their attempts to discuss matters with Fifth Third and Continental Realty. She asked that staff encourage the property owners to continue to have dialogue with the existing businesses. The business owner suggested that the names of the six businesses remaining in the Shoppes be placed on the entry sign. Customers are not aware of the presence of the businesses in the shopping center, due to the deep setback. Mr. McDaniel will contact the business owner to have further discussion. Mr. Reiner noted that there is a massive hedge running along the property line. The original intent of the landscape ordinance was to minimize the chrome and glass reflection off the vehicles on the site. The hedge is very high and belongs to the City. He would recommend it be removed, which would increase the visibility of the retail shops. Ms. Chinnici - Zuercher stated that whatever the City can to do assist in generating marketing for the center would be helpful. Vice Mayor Salay noted it is important that the City not overstep in view of the zoning and development text in place. The current text for this site likely includes signage and RECORD OF PROCEEDINGS Minutes of Dublin City Council August 22, 2011 is landscape plans. If Fifth Third as the owner wants to pursue a rezoning, that is their option. The existing retailers made business decisions to locate in the center. It is unfortunate this center opened at the time the economic downturn occurred. In hindsight, the City might not have zoned retail for that location. Mr. McDaniel stated that the purpose of staff's meeting with the property owners was to clarify the zoning history related to the site — what has been or not been approved. Vice Mayor Salay stated that she appreciates this and has no objection. She is responding to the email Council received stating that the City needs to do something that would be zoning related. The current situation will require a collaboration of the owner and the tenants regarding possible solutions. Ms. Chinnici - Zuercher stated that she agrees in concept with Vice Mayor Salay. However, the news article quoted City staff as indicating that the City would be of assistance to them, and she is requesting clarification of what that might be. Tonight, another commercial building sought a change in their signage standards. Market conditions are different today, and the City is certainly willing to consider alternatives. Mr. McDaniel stated that there has been ongoing dialogue with both the Shoppes of River Ridge and Bridge Pointe. Opportunities for signage and improvements to store fronts are being considered. However, these changes are not occurring quickly enough for those impacted small businesses, but the City will assist with the zoning and signage issues wherever possible. Mayor Lecklider stated that he appreciates those efforts. Council members are certainly concerned about the situation at Dublin Village Center, Bridge Pointe and The Shoppes at River Ridge. However, the City has other successful centers despite having less visibility. In talking with people in the industry, their sense is that the issue is one of tenant mix. Initially, Dublin Village Center was vibrant. Its downfall occurred when it lost its successful tenant mix. 2. Commended Ms. Ott for the completion of the Bicentennial Art project. She was excited about the public turnout for the dedication on Thursday evening and hopes that is a positive indication for its future success. She appreciated the final artwork; preliminary design photos did not do justice to the final product. Congratulations to Ms. Ott! Ms. Grigsby responded that Ms. Ott does deserve commendation. This was a long and challenging process. Ms. Chinnici - Zuercher pointed out that this is the second of two projects Ms. Ott has seen completed in the last 60 days -- the first being BriHi Square. Vice Mayor Salay 1. Noted the tree impact and sidewalk replacement reports in Council packets. She attended an on -site meeting on Hertford Lane in Llewellyn Farms last week with Ms. Chope and Mr. Sturtz. They worked very well with the residents. There is the probability of losing a number of mature street trees in that area as a result of the City's sidewalk replacement program. The neighbors requested that the City re -visit its sidewalk replacement program. Perhaps the efforts of Engineering and Forestry could be better coordinated, as a natural tension exists between the two entities. The neighbors also expressed a desire to be involved in future discussions. She realizes other alternatives are being explored, and she anticipates receiving that information in the future. Ms. Grigsby responded that options are being discussed. As noted in the memo, Ms. Chope has identified a company that performs planing of sidewalks. The company will perform onsite tests. Staff will continue to investigate ways in which to make this a successful program. 2. Reminded Council Members of the Administrative Committee Meeting of the Whole on Monday, August 29 at 5:45 p.m. to discuss the employee benefit plan modifications. RECORD OF PROCEEDINGS Minutes of Meeting Dublin City Council August 22, 2011 Page 12 Mayor Lecklider 1. Stated that many areas of the City enjoy a great tree canopy as a result of the street tree program. Several years ago, Appearance Code standards were adopted by Council, which required new homebuilders to place an additional tree in the front yards. The discussion at that time also concerned the varieties of street trees that would best enhance neighborhood appearances. However, in his neighborhood, after 20 years of growth, the street trees are no more than 8 to 10 feet in height. It would be desirable to have a canopy of street trees by this time. What is the City's foremost objective with the program? Is the intent to achieve a canopy of street trees at least 20 -25 feet in height, or is that not possible or practical? Mr. Hahn responded that although the canopy is important, the greater struggle is with diversity of species. For example, staff could not have anticipated the Emerald ash borer situation, and in the future, there will likely be other such issues. That is the reason for having diversity of species. Some species work well in this zone, according to textbook indications; however, some do not. Although staff continually works to achieve a wide diversity of trees, the list is dwindling due to a high failure rate in the central Ohio environment. The honey locust has fared extremely well, but these trees have very high maintenance costs, driving up the operating costs of the program. Mr. Reiner stated that staff did attempt to diversify the street trees, but the homeowners are seeking the Columbus "Broad Street look" — a canopy that covered and shaded the entire road. Over the years in Dublin, an attempt has been made to have the trees installed properly. Currently, the street trees are installed in compacted clay, and they achieve little growth. An attempt was also made to revise the City's legislation to require that the trees be planted with high quality top soil, so they would have the best chance to grow. Currently, the street trees sit in what is essentially a cistern in the spring, leading to root rot. In August, the trees dry out completely and have the opposite problem. With these two extremes, the trees cannot thrive. In addition, there is no federal law against the interstate shipping of trees across different regions /zones of growth. At one time, the City approved legislation that required the trees to be shipped within a growth zone, so that the tree would have the best chance for survival. Trees from different zones are genetically different. This week, he observed that issue on Brand Road — where the trees are very large, yet have huge frost cracks and portions of the trees are gone. The City needs to be diligent in specifying the origination of the plant material. Mr. Hahn responded that the City does follow "like zone" requirements for public trees. However, the soil issue has not been adequately addressed. Most of Dublin's tree soil is sub soil — not top soil. Mrs. Boring suggested that the topic of street trees, as discussed tonight, should be referred to the Community Services Advisory Commission for research. Mrs. Boring moved that the research of the City's street tree issues, as discussed, be referred to CSAC. Staff can provide a summary of the current policies and practices for their review. Mayor Lecklider seconded the motion. Vote on the motion: Mayor Lecklider, yes; Vice Mayor Salay, yes; Mrs. Boring, yes; Mr. Keenan, yes; Mr. Gerber, yes; Mr. Reiner, yes; Ms. Chinnici - Zuercher, yes. Mrs. Boring asked for an update on the Field of Honor event on the weekend of September 10 -12. Mrs. Grigsby noted that information was provided in Council's packet. On Saturday, September 10 at 6 p.m., there will be a ceremony at the Field of Honor marking the tenth anniversary of the September 11, 2001 terrorist attack. Information will be provided to the news media prior to that time. Mr. Reiner asked if flags can still be purchased for the event. Ms. Grigsby responded that can be done online. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting August 22, 2011 Page 13 Held 20 Mrs. Chinnici - Zuercher stated that this is an important opportunity for the community to come together in honor of the people who lost their lives on 9/11 and to honor the freedom Americans have. Participation in the Saturday event is open to everyone, with a formal role for Council Members and staff. Throughout the day on Sunday, September 11, volunteers will read the names of the 2,999 people who lost their lives and bagpipers will play. This event will provide a wonderful demonstration of the community coming together and is an opportunity to educate children and grandchildren. This flag display is anticipated to be a spectacular sight, particularly so in the evening. Ms. Grigsby noted that the Saturday event time has been revised from 6 p.m. to 7 p.m. to take place more within the twilight timeframe. ADJOURNMENT TO EXECUTIVE SESSION Mayor Lecklider moved to adjourn to executive session at 8:35 p.m. for purposes of discussion of legal matters (to confer with an attorney for the public body concerning disputes involving the public body that are the subject of pending or imminent court action); land acquisition matters (to consider the purchase of property for public purposes); and personnel matters (to consider the appointment, employment, dismissal, discipline, promotion, demotion, or compensation of a public employee or official). Vice Mayor Salay seconded the motion. Vote on the motion Mr. Keenan, yes; Mrs. Boring, yes; Vice Mayor Salay, yes; Mayor Lecklider, yes; Ms. Chinnici - Zuercher, yes; Mr. Reiner, yes; Mr. Gerber, yes. The meeting was reconvened and adjourned at 9:15 p.m. Mayor — Presiding Officer Clerk of Council