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HomeMy WebLinkAbout02-10-20 Council MinutesRECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting BARRETT BRdTHERS - DAYTON, OHIO Form 6101 Held February 10, 2020 CALL TO ORDER Vice Mayor De Rosa called the Monday, February 10, 2020 Regular Meeting of Dublin City Council to order at 6:04 p.m. at the Dublin Municipal Building. ROLL CALL Present were Vice Mayor De Rosa, Mr. Reiner, Mr. Peterson, Ms. Fox and Ms. Alutto. (Mr. Keeler arrived at 6:05 p.m.) ADJOURNMENT TO EXECUTIVE SESSION Mr. Reiner moved to adjourn to executive session at 6:05 p.m. to consider the sale or disposition of public property and the appointment and employment of a public employee. Mr. Peterson seconded the motion. Vote on the motion: Mr. Reiner, yes; Ms. Fox, yes; Ms. Alutto, yes; Vice Mayor De Rosa, yes; Mr. Peterson, yes; Mr. Keeler, yes. The meeting was reconvened at 7:04 p.m. Staff members present were Mr. McDaniel, Ms. Readler, Mr. Stiffler, Mr. Rogers, Chief Paez, Mr. Earman, Mr. Hammersmith, Ms. Rauch, Ms. Burness, Ms. Husak, Ms. McQuaide and Mr. Plouck. PLEDGE OF ALLEGIANCE Chief O'Connell, Washington Township Fire Department, led the Pledge of Allegiance. SPECIAL PRESENTATIONS • Dublin Jerome Men's Golf Team State Championship Mayor Amorose Groomes read a proclamation in honor of the many accomplishments of championship Celtics Men's Golf Team and invited the members and coach forward to accept it. Members include seniors Ethan Snyder and Ryan Norkin; juniors Tyler Groomes, Logan Menning and Jake Yarbrough; sophomore Brett Podobinski; and Coach Taylor Harle. Tuesday, February 11 was proclaimed as Dublin Jerome High School Men's Golf Team Day in the City of Dublin! Coach Taylor Harle commented about the hard work and dedication of these student athletes both on the golf course and in the classroom. He thanked Council for this recognition. The members of the golf team introduced themselves to the audience. • Recognition of Lifesaving Efforts at the DCRC Mr. Earman invited staff members forward for recognition. On December 28, the Rec Center staff members rendered lifesaving efforts to patron Tom Shelley who had collapsed while working out at the Rec Center. Mr. Earman introduced the staff members present who were involved in this lifesaving effort. He described the various actions of the staff prior to arrival of the EMS from Washington Township. Their swift action, composure and professionalism saved Mr. Shelley's life. Mr. Shelley and his family are present this evening, as well. Tom Shelley thanked the staff for their quick thinking and responsiveness. Absent this, he would not have survived. Mr. Earman cited the partnership with Washington Township Fire and Rescue that provides training for emergency response. He introduced Chief O'Connell of Washington Township. Chief O'Connell commented that these first responders are the heroes. While the Township offers many CPR classes and trainings, those who step up in an emergency are the heroes. These staff put their training to work and a life was saved. It takes courage to take action in these situations, and he thanked them. It is important to take CPR classes and have PulsePoint on a phone for notification in an emergency situation. (A photo was taken of the group.) • Five -Year Renewal of the Washington Township existing Fire Levy Chief O'Connell stated that a levy is on the March 17 primary ballot. It is a renewal of an existing 8.25 mill levy and does not increase taxes. They are an ISO -1 accredited RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting BARRETT BROTHERS - DAYTON, OHIO Form 6101 Held February 10, 2020 CALL TO ORDER Vice Mayor De Rosa called the Monday, February 10, 2020 Regular Meeting of Dublin City Council to order at 6:04 p.m. at the Dublin Municipal Building. ROLL CALL Present were Vice Mayor De Rosa, Mr. Reiner, Mr. Peterson, Ms. Fox and Ms. Alutto. (Mr. Keeler arrived at 6:05 p.m.) ADJOURNMENT TO EXECUTIVE SESSION Mr. Reiner moved to adjourn to executive session at 6:05 p.m. to consider the sale or disposition of public property and the appointment and employment of a public employee. Mr. Peterson seconded the motion. Vote on the motion: Mr. Reiner, yes; Ms. Fox, yes; Ms. AI utto, yes; Vice Mayor De Rosa, yes; Mr. Peterson, yes; Mr. Keeler, yes. The meeting was reconvened at 7:04 p.m. Staff members present were Mr. McDaniel, Ms. Readler, Mr. Stiffler, Mr. Rogers, Chief Paez, Mr. Earman, Mr. Hammersmith, Ms. Rauch, Ms. Burness, Ms. Husak, Ms. McQuaide and Mr. Plouck. PLEDGE OF ALLEGIANCE Chief O'Connell, Washington Township Fire Department, led the Pledge of Allegiance. SPECIAL PRESENTATIONS • Dublin Jerome Men's Golf Team State Championship Mayor Amorose Groomes read a proclamation in honor of the many accomplishments of championship Celtics Men's Golf Team and invited the members and coach forward to accept it. Members include seniors Ethan Snyder and Ryan Norkin; juniors Tyler Groomes, Logan Menning and Jake Yarbrough; sophomore Brett Podobinski; and Coach Taylor Harle. Tuesday, February 11 was proclaimed as Dublin Jerome High School Men's Golf Team Day in the City of Dublin! Coach Taylor Harle commented about the hard work and dedication of these student athletes both on the golf course and in the classroom. He thanked Council for this recognition. The members of the golf team introduced themselves to the audience. • Recognition of Lifesaving Efforts at the DCRC Mr. Earman invited staff members forward for recognition. On December 28, the Rec Center staff members rendered lifesaving efforts to patron Tom Shelley who had collapsed while working out at the Rec Center. Mr. Earman introduced the staff members present who were involved in this lifesaving effort. He described the various actions of the staff prior to arrival of the EMS from Washington Township. Their swift action, composure and professionalism saved Mr. Shelley's life. Mr. Shelley and his family are present this evening, as well. Tom Shelley thanked the staff for their quick thinking and responsiveness. Absent this, he would not have survived. Mr. Earman cited the partnership with Washington Township Fire and Rescue that provides training for emergency response. He introduced Chief O'Connell of Washington Township. Chief O'Connell commented that these first responders are the heroes. While the Township offers many CPR classes and trainings, those who step up in an emergency are the heroes. These staff put their training to work and a life was saved. It takes courage to take action in these situations, and he thanked them. It is important to take CPR classes and have PulsePoint on a phone for notification in an emergency situation. (A photo was taken of the group.) • Five -Year Renewal of the Washington Township existing Fire Levy Chief O'Connell stated that a levy is on the March 17 primary ballot. It is a renewal of an existing 8.25 mill levy and does not increase taxes. They are an ISO -1 accredited RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting BARRETT BROTHERS - DAYTON, OHIO Form 6101 February 10, 2020 Page 2 of 26 Held organization — one of three in Ohio and one of 84 in the country. They also understand that without the support of the community and City Council, they would not be successful. They will continue to be fiscally responsible and meet the needs of the City. He introduced Levy Committee member Joel Campbell. Mr. Campbell stated that when the Fire Department is needed, they are there for the citizens. On March 17, the residents need to be there to support this levy renewal. Mayor Amorose Groomes stated that Dublin is a grateful community to the Washington Township Fire Department. They have done an outstanding job of providing services to the community. Their accreditations surpass most any organization in the country and she is confident that residents will vote in favor of this levy on March 17. CITIZEN COMMENTS There were no comments from citizens. CONSENT AGENDA • Approval of Minutes of January 21, 2020 Regular Meeting • Approval of Minutes of January 27, 2020 Special Council Meeting • Notice to Legislative Authority of Transfer of D5A and D6 liquor permits from Hotel 6364 Frantz OPCO LP, dba Residence Inn Cols/Dublin to Dre Reit OPCO LLC, dba Residence Inn, 6364 Frantz Road, Dublin, Ohio. There was no request to remove an item from the Consent Agenda. Ms. Fox asked that a revision be made to the January 21, 2020 minutes. She stated that during Roundtable comments, the date should read "1850's" and not "1950's." Ms. Alutto moved to approve the actions for the three items on the Consent Agenda. Mr. Reiner seconded the motion. Vote on the motion: Mr. Peterson, yes; Ms. Alutto, yes; Mr. Reiner, yes; Vice Mayor De Rosa, yes; Ms. Fox, yes; Mayor Amorose Groomes, yes; Mr. Keeler, yes. INTRODUCTION /FIRST READING — ORDINANCES Ordinance 06-20 Rezoning Approximately 3.47 Acres East of Hyland -Croy Road, South of Mitchell -Dewitt Road from PUD, Planned Unit Development District (Oak Park, Subarea E) to PUD, Planned Unit Development District (Oak Park, Subarea F) for the Future Development of up to 12 Single -Family homes and 0.66 Acre of Open Space, Ms. Alutto introduced the Ordinance. Ms. Husak noted this Ordinance has been recommended for approval by the Planning and Zoning Commission who reviewed this in December. This is a request for rezoning approximately 3-1/2 acres from a currently permitted commercial development to 12 single-family lots. She shared a slide of the site, which is located on the west side of Hyland -Croy, to the north and south of Oak Park Boulevard — the entryway into the neighborhood. Oak Park was zoned in 2006 from Rural to PUD. This was one of the first conservation design developments in the City and included 50 percent open space, with lots being clustered in the center of the site. The open space was at the outskirts of the site of 61 acres. The site developed since 2006, and in 2017 a rezoning was approved by Council to allow a conversion of townhomes to single-family lots. What is before Council tonight is a conversion of the commercially zoned area to a single-family zoning. The proposed lots are in line with those in the Oak Park subdivision as they exist today and as they have been developed to date. The smallest lot is .16 acre and the larger lot is .22 acres, and are in line with what exists today. Lot widths, lot depths, front yard setbacks, read yard setbacks and side yard setbacks are also in line with what exists in Oak Park today. Therefore, the development pattern is retained with this rezoning. One of the discussion items during the PZC process and in several meetings with the current residents of Oak Park relates to the ownership and maintenance of open spaces as well as private drives that exist within the neighborhood. Depicted on the slide are the existing private drives, which would then be part of this proposed subarea. Architecturally, the applicant is retaining the style that exists today in Oak Park. PZC recommended approval of this rezoning. The applicant has met some of the conditions, RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting BARRETT BROTHERS - DAYTON, OHIO Form 6101 Held February 10, 2020 Page 3 of 26 and some will be deferred to the final development plan phase. With this application, a preliminary plat approval will be requested at the second reading. The applicant is here tonight and has a presentation. The residents of Oak Park also have a presentation for Council. Chris Cline, attorney for applicant Oak Park Dublin, 300 W. Wilson Bridge Road., Worthin_ ton, Ohio noted he is accompanied by Linda Menerey of EMH&T. He noted Oak Park is a conservation design subdivision, and was the first project done under that design in Dublin. • He shared slides depicting the original and proposed subareas. The large, dark orange area was the commercially zoned land that was retained by the seller of the land, who was originally a co -developer of the project. There was no control over that land by the developer of the residential area. • The commercially zoned land dominates the entrance to the subdivision visually and also dominated the planning in terms of what needed to happen in order to have the commercial develop. It has been a negative for Oak Park since the beginning — both to the residents and to the lot sellers. • He then shared a drawing of the roads and the reserve areas. One of the issues they have struggled with is the cost to the residents for the maintenance of these items. The purple areas on the slide represent the existing private roads. Those are already in place and are not part of this rezoning application. The yellow areas are the new private roads proposed with this rezoning. These represent 77 and 23 percent of the existing private roads as opposed to the new private roads. The orange represents the reserves that are part of the HOA. The center one, Reserve M is the clubhouse and formal gardens. Reserve G and L are interior open spaces. The perimeter lots border City parkland. The plan was to have smaller internal open spaces and those are part of the HOA and represent a maintenance cost for the HOA. • Under Ohio law, there is a requirement, which is also in their Declaration that an HOA Board of Directors must study the operating and capital expenses for the subdivision, must then budget for those and put reserves aside. This is the Ohio Planned Communities Act, Ohio Revised Code Chapter 5312. As shown on the pavement maintenance cost table for the private streets, some of these expenses recur only at intervals. Between 15-25 years, the road must be rebuilt — mill and replace. These roads are comparable to municipal standards in terms of the roadbed, but the asphalt on the top wears and needs to be replaced. The bids received for this work for all private streets is $117,319. This cost is amortized over 15 to 25 years, as shown on the chart. The numbers at the bottom show the cost per month for all private streets, reserves I and J, and Reserves R and S. Subtracting the existing streets from the total indicates that the actual reserve requirement increases, which is less than $1.00 per lot per month. • He shared the projected HOA costs as of January 27, 2020. The total yearly cost is $96,263 for all of the responsibilities of the HOA. Therefore, there are not adequate monies in the HOA to pay for that in the beginning. The developer, Oak Park Dublin, has been paying those costs and banking the HOA dues. Currently, there is $305,855 in the HOA account. This will help the HOA establish a reserve for the future. Currently, there are 68 developed lots, which generates $77,000 per year of income. With the cost of $96,,263 for maintenance as projected, there would be a shortfall. • He provided a summary of the project cost data. These include clubhouse expense of $47,807; landscaping at $29,451; private road repair and maintenance at $11,389; fencing maintenance for villa lots at $2,616; and HOA administration expense at $5,000. Based upon the 104 lots at buildout, the revenue is projected to be $120,000 per year. • In terms of the criticism of lot standards, these lots at 55 feet in width have the same minimum as Subarea B. What is proposed with the rezoning is a 55 -foot width minimum, but only two of them are actually 55 feet. Six of them are above 60 feet in width and the other two are close to 60 feet. RECORD OF PROCEEDINGS Minutes of BARRETT BROTHFRS - DAYTON OMO Held _ Dublin City (ounoil February 10, 2020 Page 4 of 26 Meeting Form 6101 • There has been a complaint about the side yard setbacks. These are six feet, as are all the other subareas in Oak Park. It is important to be consistent with all that has been done previously in the subdivision. Lots are typically build right up to the side yard setback throughout subdivisions in Dublin and elsewhere. Six feet of setback provides 12 feet between houses, which is a typical setback. • In terms of tree lawns, Dublin Code requires 8 feet. Along Oak Park Boulevard and Oak Tree [gives North and South, the tree lawns are 8 feet with four -foot sidewalks and street trees per Dublin Code. For the internal area, on the private streets, Dublin does not have requirements for tree lawns or sidewalks. Nonetheless, a four -foot sidewalk has been included, based on a request from PZC. There are street trees and garages for the villa lots, and some landscaping Tong fences. The street trees are inside the sidewalk versus being in a formal tree lawn. The tree lawns are only the distance between the edge of the pavement and the edge of the right-of-way. • There is also a residual tree lawn that is outside of the zoned area (shown in black) and inside of the pavement. There are some significant standards, although nothing is required in that internal area. (He shared a graphic from the packet.) • Another item raised as an issue is curb cuts on Oak Park Boulevard. This subdivision was designed to service 40,000 square feet of retail and therefore has many roads. Instead of 40,000 square feet of retail, the proposal is for 12 single- family lots, which translates to an incredible stepdown of 74 percent reduction in traffic. There are three lots that border Oak Park Boulevard. These on the west will access off the private drive, two have to access from Oak Park Boulevard, and there were already curb cuts planned for the commercial. Having four houses with curb cuts on Oak Park Boulevard is not problematic from a traffic standpoint. He shared slides depicting a home model in the prime position at the front door of Oak Park with a side entry garage. • From the beginning, control of the commercially zoned land has been a problem for them. The villa rezoning was done in 201,7, converting three-story townhouses to villas or patio homes, with garage access to the rear. At that time, his client did not have control of the commercial land. There have been many contracts and amendments, and in June of 2019, they secured control of that commercial land. • They believe this rezoning application represents a tremendous benefit to the residents of Oak Perk. They are surprised with and do not understand the opposition they have received from the residents. They believe the rezoning will increase existing home values. They are working to address a problem that they did not create. They are now seeking to convert the commercial rezoned land to residential land. Mayor Amorose Groomes invited public testimony. Melvin Houseman, 7134 Snowdrop Court, Oak Park, Dublin stated she represents herself as well as the overwhelming majority of the homeowners at Oak Park, many of whom are present tonight. Also present is Prasad Vempati, another Oak Park homeowner. • She noted there are major concerns that the homeowners have regarding the proposed redevelopment of the commercial lots. These include the undue burden it will place on the HOA for the maintenance of private roads, concerns with the configuration of the proposed redevelopment including the closeness of the homes; the inconsistent treatment of the tree lawn area; and the driveway access to the main boulevard. • Regarding maintenance of the private roads, she noted this involves Reserves J and I. and Reserves R and S. Except for the six private roads surrounding the commercial lots, there are no other private roads in Oak Park. These private roads were built to support the commercial use. From the beginning of the Oak Park development, the cost of maintaining the private roads has been a concern. The minutes from November 6, 2006 City Council hearing reflect the Mayor's concern — indicating that maintaining roads acre an enormous expense to individual homeowners who are already paying taxes for the purpose of roadway maintenance. The Mayor indicated she did not understand why private roads were Minutes of RECORD OF PROCEEDINGS Dublin City Council Meetin BARRBTT BROTHERS - DAYTON, OHIO Held February 10, 2020 Page 5 of 26 Form 6101 being built in the community in the first place. In response to Council's concern, the attorney for the developer sent a letter to staff dated November 15, 2006 outlining three alternatives to deal with the cost of maintaining these roads. The first alternative was for the homeowners of the townhomes and the commercial lots to share in the maintenance costs of these roads. The second alternative expanded the cost sharing agreement to the entire Oak Park community. The third alternative was to change the designation of the private roads and make them public roads. According to the attorney at the time, it was not a problem because the roads were already built to public specifications and such a change would not require any modifications to the site layout. There are some items things worth noting: • With respect to the cost-sharing alternative, the attorney said that some arrangement will be made to ensure that the commercial property owners are committed and able to contribute their fair share. • If the developer had the option to pass some of this maintenance responsibility to the City, then why did he choose the cost-sharing alternative? From the homeowners' perspective, there must have been some benefit to the developer at that time to choose the cost-sharing alternative. • The attorney requested that the developer be permitted to present further details and make a final commitment and decision about the alternative chosen during the final development plan. • On November 16, 2006, the City Manager sent a memo to Council members, outlining the different proposal alternatives the developer was presenting with the intent of finalizing the specific costs and maintenance responsibilities at the time of final development plan. The staff was supportive of this approach and recommended approval of the Oak Park development plan. • She is looking at the 2006 minutes and memos because they demonstrate the underlying circumstances by which staff and Council became comfortable with approving the Oak Park development plan. The understanding was there would be either a cost sharing agreement, or the roads would be converted to public roads. • Today, based on the Oak Park Declaration, Article 5 and 7, we know which of the three alternatives was selected — the concept of the cost sharing agreement. The HOA would own and maintain some portion of the private roads — what is being considered today Reserves I and J — and the HOA and the commercial lot owner would share the maintenance responsibility of those reserves, and the commercial lot owner would own and maintain the other portions of the private roads — those currently being proposed as Reserves R and S. The pink areas (shown on the roads and reserve exhibit) would have been a part of a cost sharing agreement, and the yellow would have been completely maintained by the commercial parcel owners. • The significance of all of this is that there is a substantial negative financial impact on the Oak Park community. When the residents purchased their homes, there were to be 108 members contributing to the HOA. With the rezoning of the townhomes in 2017 and the proposal today, there will be 104. Reserves I and J would have been subject to a cost sharing agreement. However, under the proposal today, it would all fall under the HOA. Oak Tree Drive North and South would have been the commercial lot owner's responsibility. Under the proposal today, it will all be under the responsibility of the HOA. • The consequence of all of this is there are less members contributing to the HOA; no cost sharing agreement to offset some of the maintenance costs; and increased maintenance obligation costs to the HOA. • In 2017, with the rezoning of the townhome lots, the City of Dublin performed an evaluation of the private roads and concluded that the following work would be needed: some patchwork in one to two years at a cost of $10,,000; and a complete repavement between 8-10 years at a cost of $120,000. These were based on City contracted rates from 2017. Since that meeting, they have observed no work being done on any of these roads. • The concerns about private road maintenance were raised again by City Council during the rezoning of the townhomes in 2017 and more recently at the PZC hearings in August and December of 2019. The issue at the 2017 Council meetings RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting BARRETT BROTHERS - DAYTON, OHIO Form 6101 11 1 Held February 10, 2020 Page 6 of 26 was deferred because the City would have an opportunity to revisit this matter when the final development plan for the commercial lots would come before City Council. This is now the final development proposal for the commercialp arcel and is the time to address the longstanding issue with respect to the maintenance of private roads. • In summary, the purpose of the private roads was to support the commercial use and should now be converted to support residential use. It was never the intent of City Council, nor the developer to place the entire burden of maintaining these private roads on the homeowners. The proposed rezoning does not resolve any of the maintenance concerns that have been raised consistently by the homeowners City Council and the PZC. Maintenance of these private roads will create an undue financial burden on the HOA. • If Council were considering the entire Oak Park development plan today for residential use, Council would likely raise an issue with these private roads, as the Council did in 2006. If the developer would have proposed that plan in 2006, it likely would have been rejected. It should be no different today. For that reason the homeowners request that all private roads be converted to public roads. • The developer's representative has stated in the past that the Oak Park HOA fees are comparable to association fees paid in other communities in Dublin. In August of 2019, the homeowners contacted other homeowner associations in Dublin to compare the HOA fees and the benefits received in return for those fees. She shared a summary chart of the information collected. (Distributed to Council members.) She highlighted a few of the items. • For Westbury, the yearly costs are $125 to maintain five acres of common land and fencing, cul-de-sac islands and an entry sign. For Amberleigh, they pay $880 for homes built after 2000, and that includes a clubhouse, pool and tennis courts. For Tartan Ridge, they pay $800, primarily to maintain 46 acres of landscaping. For Muirfield, depending upon the home valuation, a $500,,000 home value has an Association fee of $1,100 and they have two heated pools, a splash park, hot tub, tennis and pickle ball courts, 29 miles of bike trails, two playgrounds, nature preserve, golf course and upkeep of 200 common ground areas, including 14 ponds and two gazebos. • Oak Park's current HOA fees are $1,,152 and they have four acres of landscaping to maintain, a clubhouse and some ponds. Oak Park fees compared to the benefits received compared to other communities and benefits receive are already high. • In terms of the projected HOA cost chart submitted by the developer with the rezoning application, the forecasted costs are not all inclusive. There are many inconsistencies in this chart and the management company budgeted items. Missing from the chart are a number of items, which she outlined in detail. • The reserve funds were not intended to absorb completely the cost of maintaining six private roads. It is unfair to assume that these funds are available for this purpose. There are a number of outstanding maintenance issues currently at Oak Park, and that is what the reserve funds should be used to cover. • Other issues she has mentioned are the closeness of the homes, the inconsistent treatment of the tree lawn area and the driveway access to and from the main boulevard. • According to the original development plan, the park homes on the periphery of the community were to be larger homes. These were to be 2,500 to 3,800 square feet on lots of 60, 70 or 80 feet of width. The village homes in Subarea B were to be smaller homes of 2,000 to 2,800 square feet on smaller lots with a width of 55 or 60 feet. According to the developer's representative, buyers of the village lots did not want the smaller homes. Since the development standards did not explicitly restrict the larger homes, the developer accommodated the demands of the buyers and built the larger homes in Subarea B. The result is that a number of the Subarea B village homes were built right up to the boundaries of the permitted building area. These homes only have six-foot side yard setbacks. As a consequence, the homes appear to be tightly packed. She encouraged Council members to come to the community and view these. She shared a screen shot of the closeness of the homes in this area. This problem was recreated when the RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting BARRETT BROTHERS - DAYTON, OHIO Held February 10, 2020 Page 7 of 26 Form 6101 rezoning of the townhomes was done. There are homes very close to each other. Because these restrictions were not placed in the development standards, the developer could build larger homes in these areas. [Mayor Amorose Groomes asked Ms. Houseman to bring closure to her comments that relate specifically to the rezoning proposed tonight, given the extended time that has been allowed for her testimony as representing the homeowners.] • Ms. Houseman stated that the rezoning will recreate what has occurred in 2017, and that is why she is sharing the visual. It is important to look to the history to see evidence of what does not work and why the problem should not be recreated for this area. • She shared pictures of examples of the current conditions of what has been built under the six-foot side yard setback for homes. The City could require that this setback minimum be eight feet. The fact that the rest of the Oak Park community has some parcels with a 55 -foot lot width or a side yard setback of 6 feet should not be the only determining factors regarding the closeness of these homes. This opportunity should be taken not to repeat the same mistakes. More importantly, addressing this concern will not have a negative impact upon the number of homes that the developer can build in this area. • Regarding the inconsistent treatment of the tree lawn area, every area in Oak Park including the common areas have a tree lawn area of approximately 7 feet between the sidewalk and the curb. The proposed rezoning anticipates virtually no tree lawn area along the private streets. This is not consistent with the development character of Oak Park. There is opportunity to have a tree lawn area in the commercial lots that are consistent with Oak Park if the developer is willing to reconfigure the lots and use some of the greenspace. • The second concern is the responsibility of maintenance for the tree lawn areas, particularly in front of the homes. The developer proposes that the HOA maintain the tree lawn area directly in front of the homes facing Hyland -Croy. This is not consistent with the rest of the community. • The third concern is the driveway access to the main boulevard. Renderings show that at least two homes will have driveway access to the main boulevard and the development text suggests that other homes could also have additional driveways exiting to the main boulevard. The main boulevard is narrow due to the islands in the middle. It poses a challenge for future homeowners who desire to back into their garages. The islands are an important design element, creating a grand entrance for Oak Park. Reducing the size of the islands will not be aesthetically pleasing. There is an opportunity to reconfigure the homes, utilizing the green space, so that no driveways lead to the main boulevard. The summary of the homeowners' requests is as follows: 1. To have all lot sizes a minimum of 60 feet in width or the alternate side yard setback of 8 feet; 2. Keep all tree lawn area consistent to a minimum of 7 feet throughout the commercial lots; 3. Have the maintenance responsibility of the tree lawn area in front of the home to be maintained by the homeowner; 4. Remove all driveway access to the main boulevard. These are the requests of the homeowners. The developer today has full control of the commercial lots, the private roads, the townhome lots rezoned in 2017, and the HOA. There are alternatives for the developer to consider as part of this rezoning to address all of these issues without reducing the number of homes the developer is proposing. The developer could pass along some of those costs to address their concerns to the 32 homes that will be built at the entrance to the Oak Park community. The homeowners strongly believe that if the developer addresses these concerns, this will make the community better and more desirable for potential buyers. Unfortunately, the developer has made it very clear that he is unwilling to entertain any of the changes to the proposed development plan. For that reason, 94 percent of the Oak Park homeowners do not support the rezoning of the commercial lots as proposed by the applicant. She shared a petition from the homeowners with Council. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting BARRETT BROTHERS - DAYTON, OHIO Held February 10, 2020 Page 8 of 26 Ms. Houseman stated this is the final opportunity to do what is right for the community. The Oak Park homeowners urge the City Council to reject the proposed rezoning, to consider closely the impact this proposed rezoning will have on the rest of the Oak Park community and reject it. There was no further public testimony. Mayor Amorose Groomes invited Council discussion and questions. Form 6101 Ms. Alutto asked how often the developer and the homeowners met to discuss the concerns regarding this particular rezoning. Prasad Vempati, 7031 Greenland Place, Oak Park responded that in August of 2019, the PZC directed that the developer's representatives and the HOA should meet to discuss the proposed plan. After multiple weeks, the HOA took the initiative to contact the developer's representative to meet and one two-hour meeting took place. They tried to address some of the concerns, but wanted to make sure there was a channel to reach out to the actual owner of the Hallmark Properties — the Oak Park Dublin LLC — to have a more fruitful conversation. That part of the conversation never occurred. As part of the meeting with the representative of the developer, it was clear that there was a "take it or leave it" proposal and nothing could be done. Mayor Amorose Groomes summarized that there was only one meeting between the developer's representative and the HOA representatives. Mr. Peterson asked staff about the two new open space areas. Did the City require those, or were those proposed by the developer? Ms. Husak stated that they are in general a result of how the lots are arranged on those two squares. It is not a requirement per se that they be open spaces. Mr. Peterson noted he was more compelled by the argument by Mayor Amorose Groomes that these same standards were found throughout the single-family development. However, he is somewhat persuaded by this argument that maybe problems have been revealed by those developments — that two wrongs do not make a right — and we should not repeat something that was wrong. Is there adequate space, if the two open spaces were removed, to address these concerns? Ms. Husak responded staff had that conversation with representatives from the neighborhood. They visited the site and viewed the concerns about the proximity of the houses to one another. That discussion did come up in terms of eliminating this open space and giving the lots a little more room. The problem is that all of the lots surrounding these open spaces are alley loaded and have rear access. For a lot fronting that area, it would actually be looking at the rear -loaded garage. It therefore became clear it is not an option in terms of what surrounds those open spaces. Mr. Peterson stated that the houses could be smaller, though, correct? Ms. Husak responded there is no requirement that the houses be of a certain size. The requirement is that they fit on the lot and meet the setback requirements of six-foot side yard, which exists in this neighborhood and many other Dublin neighborhoods. Mr. Peterson stated he understands the private versus the public nature of the road is not necessarily at issue with this application, but it is intertwined with going forward in this way. His understanding is that a road built to public standards and private standards are two different standards. Ms. Husak responded there is more involved with public roads, as they are platted and they have a certain right-of-way width required. These roads as they exist today do not meet those requirements. Mr. Peterson asked if the cost to replace the current private road with a public standard road is known. Mr. Cline offered to respond. Mayor Amorose Groomes stated that Engineering can address this question. i Mr. Peterson asked if this is even feasible to do. Mr. Hammersmith stated that roads R and S, which are 800 feet in length, if removed and reconstructed to the public standard is estimated at a cost of $500,000, give or take. This RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting BARRETT BROTHERS - DAYTON, OHIO Form 6101 Held February 10, 2020 Page 9 of 26 depends upon whether some of the storm sewer can be salvaged and whether the road base can be reused. This is only for R and S, and does not include I and ] and the rest of the structure. Mr. Reiner noted that it was stated that the roadways were built to City standards. Mr. Hammersmith responded that it depends upon the component referenced. The road base itself and the asphalt pavement was built in strength to a City standard, but City standard is not inverted crown. It is not type 6 curb -- a combination curb and gutter is required by the City. To indicate they are built to a public standard could include one element, but not all elements. Mr. Peterson asked if it is the case that these two areas, when intended to be purely commercial, were to pay for the two private roads or was the cost to be passed to all of Oak Park for those two portions. Mr. Cline responded that the Declaration referred to does not include any of the commercial land. There was an aspirational statement that there would be cost sharing, but that did not include the developer of the commercial land. He was not a party to that. He could justifiably have said he will maintain R and S, but R and S are not all of those private roads — just the portion in front of the subareas proposed for rezoning today. There could have been a cost sharing arrangement, but that was not guaranteed and there is no commitment to that commercial land whatsoever and it is not part of the Declaration. Mr. Peterson noted that the area marked in purple of the slide was agreed to be covered by all of the houses in the development. Mr. Cline responded the commercial was not part of that — that has always been part of the HOA responsibilities. Mr. Peterson stated that what is new is answering the question of who will share in that cost sharing. The applicant desires that this be the entire development. Mr. Cline responded that it is a very small number, as he has testified. The cost for the HOA to maintain all of the private roads is $7-8 per month, and adding this portion raises the cost a maximum of $.65 per lot. Mr. Peterson stated that expectations are important. When buyers purchased a single- family lot and reviewed their documents, would they have expected to have been charged a portion of maintenance for what exists now — the purple shaded private roads? Mr. Cline responded that the Declaration is very clear that it is an HOA responsibility. It lists Reserves I and I as being a shared maintenance responsibility in the residential Declaration. Mr. Peterson asked if there is any ability to fix any of those issues and consume that common area into the other lots to address any of that. Mr. Cline responded that at the outset, they believed that City Council, PZC and staff would want the same kind of interior open spaces, as otherwise the interior lots would have nothing next to their lots. For that reason, they included that. Is it possible to redesign or reconfigure those lots? He does not believe there would be a lot of benefit from that. The lots could be made larger, using up the open space and reducing the maintenance costs, but it seems a disservice to the residents to do so. Ms. Fox asked about lot coverage. What is the maximum lot coverage allowed? In reviewing the development standards of Subarea B -- the village homes -- when window wells and air conditioners are added, there is a caveat that the setback needs to be eight feet. This is in the original development text. It seems that is not incorporated in this text. In the original Subarea B villages, there is a maximum lot coverage of 60 percent. Ms. Husak responded the maximum lot coverage is 60 feet, and the 6-8 foot requirement is retained if there are encroachment situations. Ms. Fox stated that there was not a maximum square footage for a house. The village houses were to be smaller to be appropriate for the lot, but larger village houses were built, creating these issues. Does Planning staff believe there should be a maximum square footage for these village homes? RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting BARRETT BROTHERS - DAYTON, OHIO Form 6101 Held February 10, 2020 Page 10 of 26 Ms. Husak responded that she has not seen a square footage limitation in all of her experience with the City. The square footage of a house is determined by lot coverage and setbacks. Ms. Fox commented regarding the original development agreement or universal agreement on page 28. It speaks of Subarea B and that the maintenance of all landscaping for individual lots within Subarea B shall be the responsibility of a forced and funded homeowners association. Owners of lots within Subarea B shall pay a fee for this service, in addition to the homeowners association dues that will apply uniformly throughout the development. Therefore, in regard to the question raised about the landscape piece along the frontage and whether that should be the homeowners responsibility, it appears that it fell upon a separate entity. It is under "surcharge for universal maintenance." Another item to note, when this was originally zoned, there were 36 townhomes. It was rezoned to have 20 villa homes, which drops 16 homeowners out of the pool of contributors to the HOA. Mr. Cline responded to the question about maintenance. The tree lawn, which is in front of the homes that border City streets is not maintained by the City although the City owns it. People take care of their own grass in the tree lawn. It would be similar in this case, that people cut the grass in the tree lawn. There is no statement in the development text that the HOA would bear this responsibility. Ms. Fox stated that was apparently a misunderstanding. Ms. De Rosa noted she is reviewing the Declaration of the cost sharing agreement, specifically the paragraph that speaks to that cost sharing. It reads, "Except as herein provided, the cost of maintaining the private drives shall be shared by the Association and the Reserves of A and D." This indicates the costs would be shared by that commercial owner. Mr. Cline pointed out that was only the residents' Declaration that had this language. The commercial developer was never a party to it and did not sign onto it. It was aspirational to work out a cost sharing agreement, but that did not occur. Ms. De Rosa stated that a buyer reading this would understand that was the intent. Mr. Keeler noted that the HOA has reserves of $305,000. Mr. Cline agreed that is correct. It is being managed by a third party. Mr. Keeler stated that there were references made to other HOAs in the community regarding their fees -- ranging from $50/year to $1152/year in this neighborhood. He poses the question of whether anyone has evaluated how much each household should be paying. The $305,,000 seems a high number for the reserves. Perhaps the residents are already paying too much in fees. Mr. Cline responded that under normal circumstances, the developer would not be carrying the maintenance burden. At the time the first two houses were sold, the Association could not maintain the nearly $100,000 of maintenance fees. The developer has continued to pay all of those expenses that would otherwise be borne by the HOA and has been banking the monies in the reserves. Fairly soon, the developer will likely tell Myers Real Estate to proceed with setting aside the reserves and allocating this money into the various categories. The major maintenance cost relates to the clubhouse, which includes a fitness center, meeting rooms, gathering spaces, etc. The clubhouse expenses are $47,000 per year, and the taxes alone for the clubhouse are $20,000. Mr. Keeler stated that perhaps the starting point may be flawed at $1,152/year per resident. Mr. Cline responded that the projected costs are numbers that are being spent currently by the property manager, and the property manager may be able to provide services more cost effectively than the residents may be able to do. Mr. Keeler stated that the total remains about $100,000 per year and there is $300,000 in reserves at this time. Mr. Cline responded that per state law, the reserves are to be reviewed annually. When the last lot is sold, and the residents are in charge, the HOA can determine the appropriate level of reserves to cover the expenses. RECORD OF PROCEEDINGS Minutes of _ Dublin City Council Meeting BARRET"T BROTHERS - DAYTON, OHIO Held February 10, 2020 Page 11 of 26 Form 6101 Ms. Alutto stated that, effectively, the longer that turnover is delayed, the larger the reserves become as the developer is currently paying for certain types of maintenance. Mr. Cline responded that in the spring, they plan to perform work on the private roads and some of those funds will come from the HOA funds. The developer is acting as the HOA at this point until the last lot is sold. Some of the pavement repairs will be paid for by the developer as they are in Reserves R and S. Others will come out of the HOA funds. Ms. Alutto stated that, given the vast majority of neighborhood residents who desire some reconfiguration of the two greenspaces, she cannot believe some option cannot be identified to resolve the issues. She understands the difficulty of addressing all of the issues of the homeowners, but there should be the ability to reconfigure this greenspace. Mr. Cline stated that if the goal is to eliminate the greenspaces, that can be done. Mr. Cline added that in terms of resident meetings, prior to filing a rezoning application, they called a meeting with the residents for 2-3 hours at the clubhouse. The meeting went well, and the residents were pleased to hear of the elimination of the commercial area. After that time, opposition arose. The first demand was related to areas outside of the rezoning area, namely to eliminate all of the private streets. That was not possible, but he never stated this was a "take it or leave it" proposal. However, there was no flexibility in terms of what they could do and not do. Generally, this is a fair proposal and meets all the development standards of the community. Ms. Alutto stated she understands that, but the setbacks were not ones the neighborhood liked. There are lessons to be learned from previous experience. Ms. De Rosa commented in regard to the rezoning change from townhomes to villa homes about two years ago. How many of those villa homes have been sold? Mr. Cline responded that the development has not moved forward. When the resident opposition surfaced and it appeared the commercial area would not go away, nothing moved forward with the villa homes. If this rezoning effort is not successful, the only option is to develop under the existing commercial zoning. Ms. De Rosa asked for confirmation that the developer now fully controls the commercial properties without contingencies. Mr. Cline responded that they do, but there are some enduring financial obligations associated with it. Ms. De Rosa stated that Oak Park has been under development for 14 years. Of the promised 100 plus homes, 72 are occupied, with 40 left to be sold. Mr. Cline stated that of the original 72, 68 homes have been built. Ms. De Rosa stated that 68 residents have been paying for the maintenance for the subdivision for a period of time. Two years ago, the change was made regarding townhomes to villa homes, but nothing has developed. It seems there is an opportunity to step back and ask if there is no commercial development, are the private roads needed at all. Mr. Cline responded the private roads cannot be removed, as they are the access for the villas that replaced the townhomes. Ms. De Rosa stated that the villas have not yet been built, however. She simply recognizes the amount of time that has passed and there is now an opportunity to step back and look at possible reconfigurations. The private roads are part of this discussion as they impact the finances of the residents over the long term. She would love to see some of the opportunities discussed and explored. Mr. Cline responded that if this rezoning does not go forward, the villas will develop, but perhaps at a less expensive range. People will then view the garage and back door of the villas. Ms. De Rosa stated she understands the situation, but there is opportunity to work with the residents on a solution. Mayor Amorose Groomes asked staff for the name of the original developer of Oak Park. Ms. Husak responded that for the residential portions of Oak Park, they were owned and developed by a company out of New Jersey. Mr. Cline clarified that there was a name change, but the company remains the same for the residential portion. His client was the original developer of the residential portion. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting BARRETT BROTHERS - DAYTON, OHIO Held February 10, 2020 Page 12 of 26 Form 6101 Mayor Amorose Groomes asked if the rezoning of the townhomes to villa homes was also done by the same applicant. She served on PZC at that time. Mr. Cline stated he represented the same applicant on that rezoning. Mayor Amorose Groomes stated that, essentially, there has been one developer that has come forward on four separate occasions to develop this land. Mr. Cline pointed out this was only for the residential portion of Oak Park. The commercial portion is totally separate. There was HC Associates as the landowner and initial developer; they then made an internal family arrangement that split off the commercial land to ]SDI Dublin, Inc. Mayor Amorose Groomes stated that, currently, the ownership of the commercial, the townhomes and the residential units is one entity. Mr. Cline agreed that is correct. Mayor Amorose Groomes referenced a slide of the development to describe the proposed homes and potential access to the homes via public or private roads. Mr. Cline stated that the villa homes are 104 -foot deep lots — patio homes with rear access. Mayor Amorose Groomes stated that if the goal tonight is to solve a problem that is complex, expensive and places a burden on the residents, what is being proposed constitutes spot zoning -- taking these small parcels and rezoning only these small parcels. However, the City has never engaged in spot zoning — the City zones in context. The townhomes were approved in reliance upon the commercial development and the need for a transition from single-family homes into the commercial spaces. But things have changed and it is important to look at this collectively. There is nothing existing today except some private roads installed and in need of some repair. She understands that the rezoning application is for only the two squares of land, but she suggests not spot zoning this land. Context and history matter, and change of use matters. We do have an opportunity to create a much better product for the residents. She cannot support spot zoning for this small space that will have a profound impact on the entire community. There is now one owner of the parcels and a chance to do it right. Alleys have never been well received in this community and are not something she will support. The question for the applicant is what he would like Council to do with this application. Mr. Cline responded that this rezoning is set for public hearing in two weeks. He cannot speak for his client, who directs his actions. The client has been emphatic that they will not abandon the approved villa/patio home zoning because it is a good product in a good market. He will convey to his client what has been discussed tonight, but will not presuppose their response. Ms. Alutto asked if there is a way to have the types of products desired while addressing some of the issues raised tonight. Perhaps looking at rezoning the entire area versus only this portion, and looking to resolve all of the issues including the public roads. Mr. Cline responded that a large amount of investment has been made in the rezoning to the villa homes. There was a three-way contract involved, commitments made and contractual requirements have been fulfilled. To a significant degree, that constrains what can be done today. Rezonings are costly. One of the reasons the commercial could not develop was because they owed the residential developer $1.8 million for their share of the infrastructure. Those two commercial pieces also owed HC Associates about $750,000. These factors prevented to some degree -the commercial portion being marketable. Those mortgages have both been wiped away now, and that commercial is much more viable than it was previously. Absent this rezoning moving forward, the commercial zoning in place includes the permitted uses in the Community Commercial category and allows auto - oriented commercial uses as conditional uses. Mayor Amorose Groomes stated that this Ordinance is scheduled for a second reading on February 24. The applicant has heard the input from Council and the direction they would like to see moving forward. She would expect that the applicant would have substantive conversations between now and the next hearing. Minutes of RECORD OF PROCEEDINGS Dublin City Council Meeting BARRETT BROTHERS - DAYTON, OHIO Form 6101 Held February 10, 2020 Page 13 of 26 Mayor Amorose Groomes stated that the Ordinance is scheduled for second reading/public hearing on February 24. It is possible that the applicant may request an extension of time to address issues. Staff will inform the HOA leadership of any change to the anticipated hearing schedule. Ordinance 07-20 Rezoning with Preliminary Development Plan of +/- 24 Acres from PUD, Planned Unit Development District (Tartan Ridge, Subareas D1, E and F) to PUD, Planned Unit Development District (Tartan Ridge Subarea F) for the Future Development of Up To 56 Single -Family Homes and 7.9 Acres of Open Space, The Site is North of McKitrick Road and East of Hyland -Croy Road. (Case 19-084Z/PDP) Ms. Alutto introduced the Ordinance. Ms. Husak stated this is a rezoning request for approximately 24 acres within the Tartan Ridge neighborhood. She shared an aerial of the site at the corner of McKitrick and Hyland -Croy Roads. It is fairly vacant at this time, but there is a green silo on the site and a stormwater management pond that is being used currently as part of Tartan Ridge and will be enlarged with this application. She shared a view of the entire Tartan Ridge neighborhood, which was zoned in 2007 and is about 190 acres. It was zoned during the time that Oak Park was zoned and this area was slated for commercial development as well as some townhome units. With this proposal tonight, all of those uses would change to single-family residential. There are 56 lots proposed at a density of 2.3 units per acre, and 7.5 acres of open space is proposed, mainly along the Hyland -Croy and McKitrick frontage and the stormwater management pond. The applicant has been working with staff and has also meet with the HOA leadership and adjacent residents. The proposal is for an empty nester market type of home — patio homes. She shared details, noting that the applicant is continuing some of the standards that make Tartan Ridge a unique neighborhood, including pillars at the end of driveways and hedge treatment along the frontages of the homes. There is also a matrix of where side -loaded garages or court - loaded garages could be utilized within this proposal. Staff has also worked with the applicant and their architects on continuing that architectural style that is unique to Tartan Ridge. They have proposed some sample elevations. The pond will include amenities — an overlook with seating areas and a gazebo. There were discussions between the applicant, staff and the PZC in terms of maintenance and how that will be handled in this area. The applicant is proposing to have a sub association, but also be part of the overall Tartan Ridge Association. This particular amenity would be maintained by the Overlook Association. PZC recommended approval to Council at their December meeting. Staff has been working with the applicant to ensure they have fulfilled the conditions that could be met prior to tonight's hearing. There are a couple items that will be addressed with the final development plan. She offered to respond to questions. Mayor Amorose Groomes invited the applicant to present. Kevin McCauley, 6689 Dublin Center Drive, stated he is present on behalf of the ownership group, Stavroff Land and Development. With him are Gary Smith, G2 Planning & Design; Jim Ohlin, Romanelli & Hughes; and Brad Schoch, architect of record for the project. Stavroff has been part of the Tartan Ridge project since the beginning — assembling the land, zoning the property, developing the property and marketing the retail portion of the property over the past 12 years. The property was zoned in 2007 for 68,500 square feet of retail; 24 town homes; and five single-family lots. Primarily, they were working on marketing the retail for the past 10-12 years. They have learned that retail is just not right for this property at this time. They worked with residents, HOA reps, staff, Council members and PZC members to determine what product would work in this location. They believe that what is proposed meets the concerns they have heard. They did survey residents of Tartan Ridge to understand what they want to see in the community. They learned that the majority of the residents did not want the retail. What is being proposed tonight are 56 patio homes, with the elimination of 68,500 square feet of retail, 24 townhomes and five lots. This proposal removes an extra turn lane, reducing infrastructure RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting BARRETT BROTHERS - DAYTON, OHIO Held February 10, 2020 Page 14 of 26 costs for the residents. Stavroff is proud to bring this project forward as part of the community. Form 6101 Gary Smith, G2 Planning & Design noted that they are asking for Council's consideration in replacing that 68,500 square feet of retail with an additional 27 homes for a total of 56 homes. The intent is to develop a high quality, single-family, empty -nester community. This is a product designed to be highly compatible with the existing residential component of Tartan Ridge and which fills a growing demand for housing that caters to a high end, empty -nester buyer. The target market for Romanelli & Hughes in this product are people moving out of an existing single-family home and desiring an empty -nester home in the same community where they have lived. The proposal would incorporate nearly all of the architectural requirements from the original Tartan Ridge zoning, with the exception of the items that relate to the two-story product. This is a one-story product with no stairs aside from a bonus room access. The landscape and streetscape requirements from the original Tartan Ridge development will also be incorporated to blend this seamlessly with the existing development patterns. The Tartan Ridge columns and hedges are included in this upscale, walkable development that utilizes those traditional neighborhood development principles embodied in Tartan Ridge. All driveways and private sidewalks will be brick pavers, and the community will include some large setbacks along McKitrick and Hyland - Croy. Those setbacks will include a considerable amount of mounding and landscaping, a variety of evergreen, deciduous and ornamental trees. The site itself is somewhat challenging, as it is long and linear. The existing pond will be enlarged to serve some additional capacity for the development. The existing Brenham Way defines the eastern boundary of the site. In the neighborhood meetings, they learned that the residents did not want any new homes fronting on Brenham Way, especially across from the existing houses. That forced the layout of the site as it is now with the blocks turned perpendicular. Public sidewalks are included throughout the development, which has public streets. Those public streets will connect all of the buyers in the Overlook to the greenspace network of Tartan Ridge as well as along McKitrick to the School and Hyland - Croy. A community overlook shelter will be installed as part of the development, and will include a fireplace and seating areas for the residents of the development. Floor plans will be offered in two basic configurations: a traditional patio home with patio in the rear and front -facing garage; and a courtyard type home where the garage is turned to the side. Setbacks will be varied throughout the development. The build -to lines will be between 15 to 25 feet, allowing architecture to be closer to the road and creating some varied distance to the road for various product. All of the homes within the Overlook will be part of the overall Tartan Ridge HOA. The overall HOA will take care of the maintenance of all of the open space, with the exception of the Overlook itself. A sub association will also be formed and will take care of the condo -type maintenance — mowing of the yards, snow removal, etc. for the Overlook residents. Architecture will be European country, Midwestern vernacular that is common throughout the Tartan Ridge development. The last item of note is they have incorporated a number of guest parking spots, parallel parking spots, along with the required cluster mailbox units for all new residential. They have pull -off parking associated with those at the end of each block, and each is within a short walking distance of the residences served. He offered to respond to questions. Ms. Fox stated that PZC reviewed this rezoning as well as the Oak Park rezoning. This particular rezoning was supported by the residents who came forward. She commended the developer for the many conversations they had with the residents during the process and the willingness to listen to their feedback. She was very pleased with the cooperation the developer and the residents exhibited in this rezoning application. PZC was quite complimentary about the proposal and felt this was a good plan. Ms. Alutto stated that in the PZC minutes, she read about the possibility for additional shared -use path connections. This will provide an opportunity for some of those. Mr. Smith responded that all of the frontage of McKitrick and Hyland -Croy were to have that shared -use path, but because the commercial languished, that has not happened. Those connections will be made with this development. RECORD OF PROCEEDINGS Minutes of MeetingDublin City Council BARRETT BROTHERS - DAYTON, OHIO Form 6101 February 10, 2020 Page 15 of 26 Held Ms. De Rosa asked about the setbacks from Hyland -Croy Road — are those 100 feet? Mr. Smith responded that there is 10 feet of right-of-way, so the setback is 90 feet to the lot line. With the additional 25 -foot rear setback, it is approximately 115 from the back of the homes to the right-of-way of Hyland -Croy. Ms. De Rosa commented that in driving on Hyland -Croy on the east side, a more rural feeling has been maintained because of the setbacks of the homes. Is the intent to have some continuity in the look and flow of that? Mr. Smith responded that the setback is fairly large and generally consistent with other areas up and down Hyland -Croy. They have incorporated an extensive amount of mounding of up to 4-6 feet, depending on the width of the easements. Mayor Amorose Groomes stated it appears to be consistent with the homes immediate to the north on the image shown. Ms. De Rosa stated it is important to have that feel, even though the area is no longer rural. Who owns the retention pond? Ms. Husak responded it is a City -owned reserve to be maintained by the HOA. Mr. Reiner stated the architecture is very nice. The site plan, however, could have been more creative in the layout of the homes to avoid a grid of houses locked into each other. Mr. Smith stated it is a patio home community and is set up to be similar to developments like Epcon, but on a nicer scale. The buyers want small lots and nice interior spaces. The site plan itself was very challenging, as not being able to turn houses toward Brenham Way dictated the layout of the streets. Mayor Amorose Groomes asked about the architecture of the homes that front Brenham Way. Will the sides of those residential units be treated differently? Mr. Smith responded affirmatively, noting there are requirements for all the sides of all of those homes. Every corner that is visible to the outside will be treated with additional architectural detail. Mayor Amorose Groomes asked if all of the driveways have the capacity to store a car clear of the sidewalk. Mr. Smith responded affirmatively. The reason the setbacks are staggered is to allow for the two product types of homes. All of the houses with a front facing garage will have a minimum of 20 feet from the sidewalk to the face of the garage. They are allowing for the rest of the body of the house to project forward of that garage line from an architectural standpoint. The side load has the accommodation for the car parking as well. Mayor Amorose Groomes asked staff if the required setbacks needed for any improvements along Hyland -Croy in the future have been secured. Ms. Husak responded affirmatively, noting that is part of the setback requirement as the roundabout is to be constructed at McKitrick and Hyland -Croy. Mayor Amorose Groomes asked if there is adequate setback for a perhaps boulevarded street that may be in place in the future. Ms. Husak responded affirmatively. Mr. Reiner stated that was his question, as well. Ms. Husak responded that the setback is 90 feet as previously stated. It is adequate to accommodate a boulevard. There was no public testimony offered regarding the Ordinance. There will be a second reading/public hearing at the February 24 Council meeting. Mayor Amorose Groomes noted she will recuse herself from Ordinance 34-19, as her family members are employed at the Dublin Chamber of Commerce. (She left the Council Chamber.) Vice Mayor De Rosa presided in her absence. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting BARRETT BROTHERS - DAYTON, OHIO Held February 10, 2020 Page 16 of 26 Form 6101 TABLED/ POSTPONED ITEM Ordinance 34-19 Authorizing the City Manager to Execute a Lease Agreement for a Term of Five Years with the Dublin Chamber of Commerce, Inc. for the Property Located at 129 South High Street, Mr. McDaniel stated that the Dublin Chamber of Commerce lease agreement for the City - owned property at 129 S. High Street expired in October of 2018. Since the first reading of this ordinance in 2019, staff and the Chamber have continued to discuss the lease terms. The lease in the packet reflects the results of that discussion. He summarized the changes: 1. Regarding facility renovation, the Chamber desires that the existing facility be renovated in a fashion different from what was presented last June. Given the Chamber's changing membership and the membership needs, the Chamber has determined that the floor plan to accommodate its office operations, meeting space and networking space is critical to its mission. Attached to the lease are exhibits — one shows the floor plan and one breaks out the cost estimates relative to the change of the floor plan. 2. A summary of the previous proposed improvements versus what is proposed now was included in the packet. The fundamental change was that initially, the City's cost for the improvements totaled about $147,000 and the Chamber's portion was $68,000. With the revisions, the City's costs would be $335,,000 and the Chamber's portion would be $115,000. There is a breakdown of the proposed improvements. 3. As to the proposed changes to the lease rate, the base rate of $14 per square foot, reduced to $9.80 per square foot continue to apply for the reasons outlined. The term of the lease has changed to a total of 20 years — 10 years with two additional five-year terms. The first five years of the total lease is a flat rate of $2,450 per month. Years 6-10, 11-15 and 16-20 all have a two percent increase per year throughout the remainder of the lease. 4. This altogether reflects a total term of 20 years in which all extensions as proposed are at the Chamber's discretion. 5. Council and staff agree that the Chamber provides a valuable service to the business community and their efforts are integral to the City's economic development efforts. Their services are also significantly aligned to and are supportive of the City's economic development efforts, particularly as it relates to business retention, expansion and workforce development. Staff and the Chamber have been discussing ways to better tie and leverage the Chamber's activities, programs and engagements with those of the City's Economic Development staff's efforts. Staff recommends a separate memorandum of understanding between the City and the Chamber to ensure the alignment of these efforts. Staff is currently discussing a review of the MOU proposal made by the Chamber to the City and will bring that to Council at a later date. 6. The Chamber further requested that history regarding the lease arrangements between the Chamber and the City be memorialized as part of the information provided to Council in this memo. Staff included a summary of the Chamber's perspective on the lease history, as well as the City's perspective on the lease history. 7. Staff recommends approval of Ordinance 34-19. Assuming Council desires to approve the Ordinance, the title of the Ordinance should be amended to eliminate the language of "five-year term." 8. He added that the funding for the renovation of the Chamber building, should Council choose to undertake it, was not included in the 2020-2024 CIP but could be appropriated from the unappropriated fund balance of the CIP Tax Fund in a future supplemental appropriation. The fund currently has sufficient balance to support that additional appropriation, if Council chooses to do so. Should Council approve this Ordinance, staff would begin planning efforts for these improvements with the Chamber immediately after its effective date in 30 days. He offered to respond to questions, and noted that Chamber representatives are present as well. Vice Mayor De Rosa invited Chamber representatives the opportunity to comment. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting BARRETT BROTHERS - DAYTON, OHIO Held February 10, 2020 Page 17 of 26 Form 6101 Scott Ester),, Board President, Dublin Chamber of Commerce noted he is a senior advisor with OhioHealth in Dublin. This year, the Chamber celebrates 45 years of service to Dublin and its business community. Since 1975, a strong partnership has been nurtured with the then -village and now City of Dublin. They appreciate the relationship with the City Council and City staff. He noted that in the audience tonight are some Chamber Board members including Scott Arthur of IGS Energy; Bill Andrews of Andrews Architecture; Kent Weakley, Nationwide Children's Hospital; Jennifer Miller, D.D.S.; Kim Pilkington, PNC Bank; Alicia Nesline Shaw of Carlile Patchen & Murphy; and Yoshihiro Hidaka, Hidaka USA, Inc. He provided a PowerPoint that details shared goals and the ways the Chamber's mission supports the City new economic development strategy. He highlighted the following: • Business growth and expansion. The Chamber offers business professionals opportunities to come together to collaborate, network and grow their businesses. They visit businesses each week and offer their assistance. Their friendship, support and referral network provided by the Chamber and fellow business owners are invaluable to members of this community. The Chamber helps to facilitate these relationships by hosting more than 100 gatherings a year with over 5,000 business professionals participating. • Community Development and Business Attraction. Entrepreneurs, small business owners and those looking to open new businesses in Dublin call and or stop by the City's office daily. Chamber staff members welcome them to the community and provide guidance on local resources available to help them get started. • Ribbon -cutting events. There have been nine such events year to date for businesses in Dublin. • Workforce development assistance through its leadership development track. Investing in the continuing education of employees results in increased office productivity, efficiency and morale while increasing employee retention rates. • More than 100 individuals graduate each year from a Chamber leadership program, which includes the I -Care program for middle school students, the Leadership Academy for Young Professionals and Leadership Dublin. All three programs help prepare the next generation of leaders for effective community involvement. The Chamber wants to continue to do more to serve the community. Scott Arthur, Board Treasurer, Dublin Chamber and Vice President, IGS Energy, 6100 Emerald Parkway, Dublin noted he is a resident of Tartan Ridge. Because of the great work done at the Chamber of Commerce and the City of Dublin, the community is growing. The needs of the business community continue to evolve and the Dublin Chamber has a vision for the future to meet those needs, including new resources, groups and programs. Programs like the Dublin Corporate Challenge -- with a growing business focus on health and wellness of employees that involves the City, Schools and Chamber joining forces to create an amazing event that has brought more than 3,000 individuals and volunteers together to encourage healthy workplaces. The needs of businesses are changing as the majority of workforce now consists of millennial workers. Therefore, the Chamber has designed a new vibrant physical space within the Chamber offices that will better connect millennials and industry leaders to the overall community as well as offer multiple meeting rooms, a coffee shop and flexible meeting space. Coworking space will be available daily as well as complimentary internet access. No reservations will be required. The Chamber office is positioned perfectly as a southern anchor of the Historic District and can offer new life to South High Street. With the proposed pop-up park in front of the building, outdoor workspace will be provided in the summer months. With a building near local restaurants and neighborhoods, it will be a great asset to small business owners, entrepreneurs and young professional groups. Bill Andrews, Andrews Architects, 6631 Commerce Parkway, Dublin thanked Mr. McDaniel and his team on behalf of the Chamber Board and the group that has led this effort. There is an incredible spirit of not only cooperation, but a reaffirmation of a truism of his that one plus one equals three — it is the great efforts of the City in the past and ongoing, along with the Chamber's efforts in the business community and the exciting things in the months ahead will result in a manifestation of these efforts. He shared inspirational images of the remodeling of the Chamber's offices. There will be an outdoor space that will serve RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting BARRET"T BROTHERS - DAYTON, OHIO Form 6101 Ufa February 10, 2020 Page 18 of 26 as a visual gateway driving north into the Historic downtown business area. This will also serve as an outdoor park space where people can sit and relax, connect into the Chamber's Wi-Fi, etc. The Chamber and the City's investments will make not only great physical improvements and a great space for promoting business activities, but also a great gateway into the south end of the Historic Dublin area. On behalf of the Chamber Board, they ask for Council's support and approval of this lease agreement tonight. Vice Mayor De Rosa invited Council comments. Mr. Peterson thanked the Board members for their service. He has been incredibly impressed over the years with the Dublin Chamber and all it has done, and the support the community, Council and staff have given back to the Chamber. The economic health of this community is the "tip of the sphere" and everything else flows from that — capital improvements, etc., which are due in large measure to the Chamber and everything they do. He believes this is a wise investment on the City's part. His one question relates to perhaps "tying" the hands of future Councils, given this is a 10 -year lease with two five- year extension options. The language provides the tenant with the discretion of extending the lease for the additional five-year terms. Is there a reason why that could not state that the parties have the opportunity to extend — providing the City with the same flexibility as the Chamber? Mr. Andrews responded that his point is well taken. Should that be worked into the agreement — that either party could have options — there should be a timeline established for that. This would provide adequate notice to the tenant, should the City decide not to extend the lease. They can work with Legal staff to provide reasonable language to address this. Mr. Peterson stated that perhaps the City would have the same timeframes for options as the tenant has in place in the agreement. Vice Mayor De Rosa stated that the layout and design take into account how work will be different in the future and creating opportunities to do that. Giving a facelift to what exists may not be the right solution going forward, so she appreciates this proposal. Mr. Andrews noted this is a collective thing — the conversations about what the workplace of the future should be by the City came back in earnest. This is a bigger plan, but the results will be amazing. Ms. Fox stated it is important to note that this is a very public building and available to the public to use, as outlined in the lease. The north end of the Historic District has the library and the park, but there is not a draw in the south end of the District. Having this outdoor element in front of the building and the opportunity for community businesses to utilize the space is great. This creates a sense of gateway at the south and it will increase some movement of people in and out of spaces throughout the District. It will be a placemaking spot. Mr. Keeler noted he is a math -oriented person, and therefore is reviewing the lease rates and the cost of the improvements committed to by the City. Would the tenant be willing to pay a dollar more per foot? Typically, in negotiating a lease with a landlord, the landlord commits to making certain capital improvements and those are amortized over a period of time. In this case, there is a 10 -year period of time — which is a long period of time -- and $300,000 plus is a lot to commit over a 10 -year period at this lease rate. At first glance, the starting point of $14/foot seems fair, with discounts given for public use, but given the $300,000 plus of improvements, the price per foot seems low. Mr. McDaniel responded that Council can certainly consider a motion to modify and discuss options, if that is their desire. Mr. Andrews stated the point is well taken. Part of the extensive discussion with the City Manager and his team on this -- particularly the lease rate -- focused on the fact that every dollar the Chamber spends on rent is a dollar that cannot be spent on programming. In the larger picture of what the Chamber is doing for the business community and what RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting BARRETT BROTHERS - DAYTON, OHIO Form 6101 Held February 10, 2020 Page 19 of 26 the City is doing for the business community together, he believes this is a fair lease rate and represents a compromise related to the desire not to impact programming resources. Mr. Keeler responded that he cannot say enough about all that the Chamber does for the community. He has two employees who have participated in Leadership Dublin. He appreciates the resource the Chamber is. If he were to counter the point, typically when a lease is in the negotiation phase, the landlord has the option to look at the financials of the tenant. He is not suggesting this be done, but if it were done, the City could consider the profits and the revenues. Understanding that a dollar spent on rent means a dollar less for other expenses, the question as a landlord would be how much revenue does a nonprofit have and are they disclosing that information. In his opinion, a dollar more per square foot of rent would be appropriate. Ms. Alutto stated she is fine with the rent rate that has been proposed in the lease. The Chamber provides a lot to the City in the partnership, and she is comfortable with that. She would like to include the change to the language as Mr. Peterson has suggested regarding the lease extensions being made upon mutual agreement by both parties. Mr. Reiner stated Council appreciates all that the Chamber does. The City and the Chamber have a long-term partnership. Given the improvements proposed, it is important to have more transparency in working on the same type of projects, which are beneficial to the City. More information sharing would be appropriate, especially in terms of businesses exiting and coming to Dublin. The additional expense by the City warrants knowing more about the Chamber organization and operations, as Mr. Keeler has suggested. It would be helpful to both the City and the Chamber. Mr. Andrews stated that is a great point, and it will be addressed in the upcoming memorandum of understanding that Mr. McDaniel mentioned. Ms. Fox stated that the City supports other nonprofits, such as the Dublin Arts Council, the Dublin Convention and Visitors Bureau and others. Mr. Reiner's point is correct. In regard to the suggestion of a dollar more in rent, she does not support that. The partnership with the Chamber will result in bringing back much more than that in terms of economic development value. She agrees that sharing of information by the Chamber will improve the City's economic development efforts. She asked for clarification of Mr. Peterson's suggestion for an amendment to the agreement. Mr. Peterson suggested that under the paragraph 2 "Term" — the word "tenant" be replaced with "the parties" throughout the balance of that paragraph. Extending the term would be by mutual agreement of the two parties. Mr. Peterson moved to change the word "tenant" in paragraph 2 to "the parties." Mr. McDaniel asked Legal staff to provide input. Ms. Readier stated Legal staff and the Chamber's attorney will review the language to ensure it conveys that any extensions are mutually agreed upon. Ms. Alutto seconded the motion. Vice Mayor De Rosa stated that the other change needed is to the title of the ordinance, deleting the words "term of five years." Mr. Peterson amended his motion to include this change. Ms. Alutto seconded the amended motion. Vote on the motion: Ms. Alutto, yes; Vice Mayor De Rosa, yes; Ms. Fox, yes; Mr. Peterson, yes; Mr. Reiner, yes; Mr. Keeler, yes. Vote on the Ordinance as amended: Ms. Alutto, yes; Mr. Reiner, yes; Mr. Peterson, yes; Ms. Fox, yes; Vice Mayor De Rosa, yes; Mr. Keeler, yes. Mr. McDaniel thanked Council and the Chamber representatives. (Mayor Amorose Groomes rejoined the meeting) RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting BARRETT BROTHERS - DAYTON, OHIO Held February 10, 2020 Page 20 of 26 Form 6101 SECOND READING/PUBLIC HEARING — ORDINANCES Ordinance 02-20 Accepting the Annexation of 11+/- Acres from Washington Township to the City of Dublin. (Applicant: MC Shier Rings LLC) Ms. Readler stated there have been no changes since the first reading. Staff recommends approval of the Ordinance. There was no public testimony offered. There was no further discussion. Vote on the Ordinance: Mayor Amorose Groomes, yes; Mr. Peterson, yes; Ms. Fox, yes; Mr. Keeler, yes; Ms. Alutto, yes; Mr. Reiner, yes; Vice Mayor De Rosa, yes. Ordinance 03-20 Petitioning the Board of County Commissioners of Union County, Ohio to Adjust the Boundary Lines of Jerome Township so as to Exclude That Territory Which, as a Result of Annexation, Now Lies within the Corporate Boundaries of the City of Dublin. (Ordinance 44-19 — 1.29 acres, more or less - property owner Darshan Shah and Ordinance 28-19 - 4.816 acres - property owner Washington Township Trustees) Ms. Readler stated there have been no changes since first reading. Staff is recommending approval. There was no public testimony offered. There was no further discussion. Vote on the Ordinance: Ms. Alutto, yes; Vice Mayor De Rosa, yes; Mr. Keeler, yes; Mayor Amorose Groomes, yes; Mr. Peterson, yes; Mr. Fox, yes; Mr. Reiner, yes. Ordinance 04-20 Providing for the Issuance and Sale of Bonds in the Maximum Principal Amount of $20,,000,,000 for the Purpose of Paying the Costs of Improving the Municipal Parks and Recreation System by (A) Constructing the Riverside Crossing Park and (B) Reconstructing, Renovating, Rehabilitating, Equipping and Furnishing the Dublin Community Pool North Complex, Together with All Incidental Work and Related Appurtenances Thereto, Mr. Stiffler stated there are no changes to the Ordinance, and staff recommends approval. Present tonight are Brian Cooper and Thomas Ricchiuto of Baker Tilly, the City's municipal advisors who will provide information about the bond market. Mr. Cooper provided an update on the current bond market. He shared the following: • The bond buyer index — 20 years for General Obligation bonds. This is an index maintained by the bond buyer and looks back to 1990. This index is at an all-time low in terms of interest rates. The timing is very good as the rates are very low. • The tax-exempt yield curve — the tax-exempt AAA MMD benchmark curve that all tax-exempt bonds are priced off of. The City of Dublin's issuance will be benchmarked to this index on the day of pricing. The dotted line on the graph is the current market rate. The slide shows a one-month (red) and six-month (blue) look back in the rates. The green line shows where the index was one year ago. The MMD shows that the longer you go out in time, the higher the interest rate. We are in a flat yield curve right now. The cost for borrowing for additional time is not as great as it is in a typical market. • In terms of the municipal bond market, there have been 57 consecutive weeks of municipal bond fund inflows — money coming into the municipal bond market. This is a long streak of inflows of greater than $1 billion per week. Current tax-exempt weekly supply totals about $7.8 billion, which is north of the 2020 year-to-date weekly average of $4.5 billion. The weekly average in 2019 was $6.2 billion. • Economic data continues to have a positive tone or exceeds expectations. • The MMD index was steady today. The ten-year AAA MMD is at 1.18 percent, which is very low. The ten-year US Treasury is trading around 1.55 percent as of 1:30 p.m. today. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting BARRETT BROTHERS - DAYTON. OHIO Form 6101 Held February 10, 2020 Page 21 of 26 • In approaching the sale date, they monitor the 30 -day supply, the amount of debt maturing or announced calls as investors need to redeploy their cash into the market. On a national level, the municipal market net supply is supposed to be negative — meaning less supply than demand, which is helpful for interest rates going down and prices going up. • For the municipal market supply in Ohio, there is some excess supply in the market. The issuance over the next 30 days is expected to exceed debt maturing or that will be called. The visible supply exceeds the amount of debt maturing or that will be called by about $118 million. • The next steps for the bond sale, following approval by Council of the issuance would be rating calls with Moody's, Standard & Poor's and Fitch — those were completed last week. Mr. McDaniel and Mr. Stiffler represented the City on those calls. • The official statement will be finalized by February 26; on March 12, pricing of bonds and locking of interest rates; closing scheduled for April 2, which is the date the City receives the funds to either fund the projects or reimburse itself for funds already expended. He offered to respond to any questions. Mr. McDaniel recognized Mr. Cooper and Mr. Ricchiutto of Baker Tilly and Mr. Franzmann of Squire Patton & Boggs for their preparation done for the presentations last week. He acknowledged Mr. Stiffler's efforts, as well. Mayor Amorose Groomes commented she attended a ribbon cutting at Charles Schwab who opened a new office in Dublin. They commented regarding the current market rates. Mayor Amorose Groomes asked what the debt would cost the City per year. Mr. Cooper responded that the $26 million amortized over 20 years is about $1,750,000 per year in debt service, which includes principal and interest. Ms. De Rosa commented about the surplus in Ohio versus not at the national level. What is the cause of that? Mr. Cooper responded that issuers are issuing taxable bonds because of the changes to the tax law and the 2017 Tax Act. Those taxable deals represent about 30 percent of the market supply. Municipal bonds are being issued as taxable instead of tax exempt. That is shrinking the tax-exempt supply, which then drives prices up and interest rates down. This is one of the major factors that is causing the low rates. He added that they are willing to provide an update to Council post sale as well. There was no public testimony offered. There was no further discussion. Vote on the Ordinance: Ms. Fox, yes; Mr. Keeler, yes; Mayor Amorose Groomes, yes; Mr. Reiner, yes; Vice Mayor De Rosa, yes; Ms. Alutto, yes; Mr. Peterson, yes. Ordinance 05-20 Providing for the Issuance and Sale of Bonds in the Maximum Principal Amount of $6,,000,000 for the Purpose of Paying the Costs of Improving the Municipal Sanitary Sewer System by Extending Certain Sewer Lines, Together with All Incidental Work and Related Appurtenances Thereto. Mr. Stiffler stated that there are no changes since the first reading. There was no public testimony offered. There was no further discussion. Vote on the Ordinance: Mayor Amorose Groomes, yes; Ms. Alutto, yes; Vice Mayor De Rosa, yes; Mr. Peterson, yes; Ms. Fox, yes; Mr. Reiner, yes; Mr. Keeler, yes. INTRODUCTION /PUBLIC HEARING /VOTE — RESOLUTIONS Resolution 14-20 Appointing Members to City of Dublin Boards and Commissions Ms. Alutto introduced the Resolution. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting BARRETT BROTHERS - DAYTON, OHIO Held February 10, 2020 Page 22 of 26 Form 6101 Vice Mayor De Rosa announced the appointments as follows: Leo Grimes to the unexpired term of William Wilson on the Planning & Zoning Commission, effective immediately and continuing until March 31, 2022; and Lance Schneier to a four-year term on the Planning & Zoning Commission beginning April 1, 2020 and continuing through March 31, 2024. There was no public testimony offered. There was no further discussion. Vote on the Resolution: Mr. Reiner, yes; Ms. Fox, yes; Ms. Alutto, yes; Mr. Keeler, yes; Mr. Peterson, yes; Mayor Amorose Groomes, yes; Vice Mayor De Rosa, yes. OTHER • Art in Public Places Program — Site Selection Mr. McDaniel asked that this item be postponed to the March 16, 2020 Council meeting. Mr. Reiner moved to postpone this item to the March 16, 2020 Regular Council meeting. Ms. Alutto seconded the motion. Vote on the motion: Mr. Peterson, yes; Mr. Reiner, yes; Ms. Alutto, yes; Mayor Amorose Groomes, yes; Mr. Keeler, yes; Vice Mayor De Rosa, yes; Ms. Fox, yes. • South High Street — Community Development Committee Update Mr. Earman stated that in follow-up to the Committee meetings after some tree removals on South High Street due to AEP trimming work and decay of trees, he is present to provide an overview. Staff is seeking Council's approval of the Committee recommendations in order to move forward on a variety of items. He shared the following information: • In removal of decayed trees in this area, there is a desire to enhance the streetscape. A variety of issues have been encountered, including existing overhead utility lines; buried utility lines; compacted soils; light poles; soil volume issues, etc. There are sight triangle considerations for traffic as well. • Productive meetings were held with the Committee, including a site visit downtown to discuss some of these items. What was decided upon was to have three phases — first to take care of the treescape itself on South High Street; second to address some of the landscape issues and enhancement possibilities for the same location; and third, an update to the City Code to help with future streetscapes and landscapes throughout urban and suburban areas of the City. • For the treescape plan, the question was whether to wait for the utility lines to be relocated or plant larger trees now, knowing there will be need to move the utility poles in the near future. The thought was to begin immediately with the understanding the utility poles would be relocated before they became an issue. • Discussion took place of preferred species to have the type of crown height and distance from existing buildings with a uniformed look and feel up and down the streetscape, including two possible species — the Tulip Tree and the Hardy Rubber Tree. Both of these were selected as preferred trees, but a specific tree has not yet been determined based upon potential inventories and quality of those inventories available. • There are existing trees on the northwest segment of South High Street that remain. There are several items noted as issues, but nothing is in need of removal immediately. It was decided that trees would be removed only as needed and as time dictated them to be a hazard or safety concern. • The Committee discussed soil volume issues up and down the existing street. The analysis conducted indicated there were about 600 cubic feet per tree deficient of the types of soil needed to accommodate the types of trees. There is a 1,000 cubic feet preference, and to date there is approximately 400 cubic feet per tree available. • The best way to do this was to go underneath the existing pavement and install Silva Cells as a structural base to accommodate these trees and provide the structure for the roadway to be replaced on top of that to attain the 1,000 cubic feet level. Engineering will need to review this and determine where this can occur, and the spacing of the trees to maximize the opportunities up and down the street. RECORD OF PROCEEDINGS Minutes of Dublin City Council _ Meeting BARRETT BROTHERS - DAYTON, OHIO Form 6101 Held February 10, 2020 Page 23 of 26 There is some preliminary work and costs associated with that. The estimated cost to install this type of system is about $20,000 per tree. It involves extensive work. • Staff anticipates a minimum of 20 trees could be placed along South High Street on the east side, up to perhaps 40 total throughout. That will be determined with the site analysis for each tree as the plan progresses. • Phase 2 is landscape enhancement. The current landscape on both east and west sides of South High Street is inconsistent, with a variety of types. There was discussion of existing stonewall that is currently downtown and the possibility of adding more on the corridor. • Another issue identified was water displacement for downspouts. There are some areas creating erosion issues. Identifying some downspout diversion concepts, some of which would be underneath the sidewalk itself and others could be basins to capture the water and allow to run off less offensively to the landscape. • The idea of a landscape design assistant from City staff to provide some assistance with design for each of the homeowners and/or businesses along South High to create a more consistent and complementary look and feel. • Discussion of entering the Fagade Grant program for this type of work was also a preference of the Committee. • Phase 3 is City Code updates for long-term plans for urban streets. Currently, there are no preferred species indicated for urban areas. Staff provided a list of preferred tree species for varying size of canopies, less than 40 feet in diameter and greater than 40 feet in diameter. The Committee directed their preferred trees in these categories. The selection of trees for urban areas would not always be limited to only these species and would be at the discretion of the City Forester. • The City Code update for the current street trees should address the ambiguity in the diversity level of species on each individual street that exists in the Code. He read into the record the current Code language and the Committee's preferred language for this update. He suggested that Committee members provide their comments. Mr. Reiner, Chair, stated that there was discussion of a wide range of topics at these meetings. There is still Engineering work to be done, as Mr. Earman has indicated. Staff is requesting Council authorization to proceed with the implementation of the South High Street improvements and staff will return with more information on costs. Mayor Amorose Groomes stated that $20,,000 per tree sounds like a big number for 40 trees on South High Street. However, the fagade grant improvements have been done in recent years at significant costs, and nothing will improve the fagade and feel of that street more than a good street tree canopy. The money will be well spent. Vice Mayor De Rosa commented that this will be staggered, with some trees needing to be replaced and others not. Mayor Amorose Groomes stated that the existing trees would not be cut down until they come into conflict with the trees installed. Mr. Reiner stated there are two projects — the west side where the trees are gone and on the east side, there are some large existing trees providing some service. There is still some work to be done in terms of what should be removed and the best way to move forward. Ms. Alutto asked if the costs can be capital expenses. Mr. Ea rm a n agreed. Ms. Alutto asked about the Sweetgum trees. Are these the trees that drop spiky pods? Mr. Reiner responded there are new species introduced that have been sterilized and do not do this. Ms. Fox supports the idea of landscape assistance. There are people who do want to plant in their yards and having landscape design assistance would be very helpful. She added in regard to LED lighting that this is now installed in the decorative lanterns and it changes the whole character of the street. She requested the City consider changing these out to the previous lighting. In addition, the parking garage is very lit up at night and is glaring. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting BARRETT BROTHERS - DAYTON, OHIO Held February 10, 2020 Page 24 of 26 Perhaps this could be modified. Also, street clutter and signage not used should be cleaned up. Mayor Amorose Groomes noted that sandwich board signs were discussed in relation to the fa§ade grant program. There was a desire to have more creative sandwich board signs. This should address the clutter issue. There was no public testimony offered. Form 6101 Mr. Reiner moved to proceed with implementation of the South High Street streetscape improvements. Ms. Alutto seconded the motion. Vote on the motion: Mayor Amorose Groomes, yes; Mr. Peterson, yes; Ms. Fox, yes; Vice Mayor De Rosa, yes; Mr. Reiner, yes; Mr. Keeler, yes; Ms. Alutto, yes. STAFF COMMENTS There were no staff comments. COUNCIL COMMITTEE REPORTS Ms. Fox, PZC representative stated that: 1. The Commission recommended approval of the final development plan for the Columbus Oncology comprehensive oncology center of 32,000 square feet on Perimeter Drive. This building will house a one-stop cancer treatment center. They are adding a healing garden for infusion therapy patients to be able to view during treatment. 2. A Master Sign Plan for Bridge Park Block D was reviewed. This involved four buildings. The plan for three buildings was approved with some discussion about projecting signs. The front building houses the North Market and the sign plan for that was unique. It will be further reviewed, but there is a 64 -square foot vinyl applique of a rooster on the front of the building. There is a red rooster on one end and a projecting sign with the North Market rooster and some grass on canopies. There are also some banners suggested, and PZC asked them to bring forward something more creative. Ms. De Rosa, Administrative Committee: 1. Noted that the annual Council retreat will take place on Thursday evening, February 20 and Friday, February 21. An agenda will be circulated this week as well as a "homework" assignment. 2. Thanked the residents who applied for service on boards and commissions. There will be openings on the Records Commission and the Dublin Arts Council Board on April 1. Ms. Alutto, Finance Committee stated the Committee would meet on Tuesday, February 18. Ms. Fox, Public Services Committee stated the Committee would meet on Tuesday, February 18, following the Finance Committee. The agenda items include vacant properties and the update of the property maintenance code. Mr. Jones, Code Enforcement will provide information on the challenges faced with enforcement issues. Vice Mayor De Rosa, COTA Board member stated as Council approaches their retreat, there has been a tipping point in the thinking about local ride sharing. Dublin has had its SHARE partnership in place, and COTA and the community at large looks at that as a model in providing great information. However, Grove City Council has approved funding to expand their service; Westerville will implement a service this year; and COTA has many requests from other communities looking to do that. She believes this model now has some gravity, and as the retreat discussion takes place, there is opportunity to talk more about this. In the last six months, this has gone from a concept to many pilots and much demand. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting BARRETT BROTHERS - DAYTON, OHIO Form 6101 Held February 10, 2020 Page 25 of 26 Ms. Alutto, Dublin Friendship Association welcomed Sarah McQuaide who will serve as the staff liaison for this group. Mayor Amorose Groomes, MORPC representative noted an Executive Committee meeting took place last week. Work continues on funding models and the Metropolitan Transportation Plan. Mr. Keeler, Logan/Union/Champaign County LUC representative reported that the group would meet on Wednesday. Ms. De Rosa, US 33 Corridor Group stated that the group would meet on Friday. Ms. Fox, Dublin Bridges liaison noted the group desires to participate in the opening of the pedestrian bridge and is working with City staff. Ms. Alutto, Complete Count Committee welcomed Mr. Rogers, who will replace Ms. Richison as a staff liaison. The group meets tomorrow. Mr. Reiner, Veterans Committee stated that the Committee met on January 29 and a great discussion was held. Topics included the 1919 Building monument location, the Purple Heart monument interactive displays at the Grounds of Remembrance, Dublin High School Veterans Memorial, the Dublin Honor Flight program and Purple Star awards for Schools. No official action was taken. Jeff Noble was selected as Chair and Charles Krumholtz as Vice Chair and approval of these officers by Council is requested. The next meeting will be February 27. Mr. Reiner moved approval of the appointments of Jeff Noble as Chair and Charles Krumholtz as Vice Chair of the Veterans Committee. Mayor Amorose Groomes seconded the motion. Vote on the motion: Vice Mayor De Rosa, yes; Mr. Keeler, yes; Ms. Alutto, yes; Ms. Fox, yes; Mr. Reiner, yes; Mr. Peterson, yes; Mayor Amorose Groomes, yes. Ms. Fox, Historic Dublin Vision Task Force reported that the group had their initial meeting last Monday. She thanked Mr. McDaniel and Ms. Rauch for their assistance. There was a good turnout and good conversation. The group meets next on Tuesday, February 11. COUNCIL ROUNDTABLE Mr. Keeler commended Vice Mayor De Rosa on her selection of Jeff Sturm as the retreat facilitator. He will do an excellent job in this role. Ms. Fox asked staff when a private road is recommended versus a public road in developments. Is there a policy in place? This question has come up several times and she asked about the history of this topic. Mr. McDaniel responded there is a long history and he can share the information on this topic. Vice Mayor De Rosa commented regarding the six-foot side lot lines that continue to be proposed in development. She can understand it makes sense in certain cases, but it seems to now be the default side lot line for large homes — whether patio home or retirement home. Perhaps in some cases it makes sense, but there are unintended consequences in other cases. She is not certain how to bring this to the table for discussion. Mr. McDaniel suggested referring this to the Planning and Zoning Commission for review. If there is something specific to investigate, staff can add this to a future agenda for discussion. Ms. Fox agreed. PZC has had that same question and they are not comfortable with the proximity to the next lot, given the air conditioner and window well encroachments. RECORD OF PROCEEDINGS Minutes of BARRETT BROTHERS - DAYTON, OHIO Dublin City Council Held February 10, 2020 Page 26 of 26 Meeting Form 6101 Mayor Amorose Groomes suggested that if the side setback is less than 10 feet, the HVAC units should be mounted on the house. If the spaces in the side yard are to be that tight, the units should be mounted to the house. She asked that they consider this as well. Ms. Alutto thanked Ms. Fox for including her in the conversation regarding Forever Dublin that now falls under her Committee. She is passionate about this topic and appreciates being kept informed. Mr. Reiner stated he would like to see more creative analysis done regarding the kind of units where there are rows of boxes of houses facing each other's backyards. Those residents will need to purchase significant landscaping to have some privacy for their expensive home. There are design solutions available that were not employed in tonight's example, such as a radiating wheel where the houses are set on a cul-de-sac and radiate out. It requires a minimal amount of screening and results in savings for the homeowners. The developers are trying to place as many houses as possible on a site and are not using creative landscape architectural practices. The result of this change would be a much nicer community for everyone, and a huge savings for homeowners. Mayor Amorose Groomes: 1. Reported that she and Ms. Alutto attended the Historic Dublin Business Association meeting. She thanked them for hosting and noted a productive conversation took place. 2. Congratulations to Jill Kranstuber who was selected as the 2020 Dublin Grand Leprechaun! 3. Thanked Communications and Public Information staff who joined her in a meeting with a Chinese community about facilitating conversations with that community moving forward. 4. She is looking forward to the retreat. 5. Given the late hour, the topic of bridge names will be deferred to a later date. ADJOURNMENT The meeting was adjourned at 10:30 p.m. Mayor — Presiding Officer Act'ActifVa Clerkl6f Council 0