HomeMy WebLinkAbout08-10-22 Public Services Com. MinutesDublin City Council
Public Services Committee
Wednesday, August 10, 2022
5:00 p.m.
5555 Perimeter Drive
Council Chamber
Meeting Minutes
Ms. Kramb called the August 10, 2022 Public Services Committee meeting to
order at 5:00 p.m.
Committee Members Present: Vice Mayor De Rosa and Ms. Kramb (Chair)
Committee Member Absent: Mr. Reiner
Staff Present: Mr. Ranc, Ms. Goliver, Mr. Stanford, Mr. Hammersmith, Ms.
Readler
Also Present: Ray Finnearty, owner and Jeff Olsen, General Manager, New Era
Golf
Approval of Minutes
Ms. Kramb moved to approve the minutes of the June 8, 2022 Public Services
Committee meeting. Vice Mayor De Rosa seconded the motion.
Vote on the motion: Ms. Kramb, yes; Vice Mayor De Rosa, yes.
Discussion Items:
Golf Club of Dublin
Mr. Ranc introduced the topic of the Golf Club of Dublin as a referral from City
Council from their June 27 meeting. The issues for discussion this evening refer
to Hole #5 and potential solutions. Hole #5 has a history of issues. The hole was
originally designed for par 4. During construction, it was switched to a 500 yard
par 5. The pond next to the hole on the east side was lengthened and caused
issues with drives to the left of the fairway where there are homes that abut the
edge of the course. Actions taken prior to 2021 include shifting the fairway as far
to the left as possible, two new bunkers were installed and trees were planted to
provide screening. In 2021, the City became more engaged in this issue. A
resident provided detailed background and list of concerns. City staff contracted
with Dr. Michael Hurdzan, the golf course designer and original architect, to
develop a plan to reconfigure Hole #5 to address those issues and mitigate balls
going out of bounds left. The 2021 reconfiguration included installation of re-
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aligned tee boxes, realignment of the golf cart path, and a slight shift of the
fairway. The estimated cost was $50,000. The City’s contribution of labor and
materials was not to exceed $31,150 with the rest to be covered by New Era
Golf. Dublin has a management and operations lease with New Era Golf. Ray
Finnearty, owner and Jeff Olsen, General Manager, were present from New Era
Golf.
Images showing the evolution of the design of Hole #5 design were displayed.
The rendering of the original design shows a much smaller pond and narrow
fairway. Most tee boxes are to the left of the fairway. As a result of the 2021
reconfiguration, the tee boxes were moved to try to point golfers to the middle
of the fairway. Dr. Hurdzan’s original analysis considered that a big impact was
the psychological effect of the narrow fairway caused by the pond extension and
golfers not wanting to hit golf balls into the pond. The reconfiguration was put in
place in 2021 and was intended to force golfers to aim further to the center of
the fairway. Construction began in late spring 2021; there were weather issues
that caused delay and then the amount of golfers limited the effectiveness of the
reconfiguration.
At the end of 2021, a resident contacted the City to let us know he was still
concerned with the number of golf balls hitting his property. The City again
contracted with Dr. Hurdzan who asserted that because of the complications with
construction, the reconfiguration was not able to really be evaluated. His
recommendation was allow more time for tee boxes to be open to see the true
impact that the reconfiguration had on the hole. We also wanted to learn about
the cost, impact to additional property owners, and what it would mean in terms
of course layout, in the event that the hole needed to be shortened to par 4.
Staff began a ball spotting analysis to provide an independent third-party
observation of what was really happening on hole 5. Volunteers and City staff sat
behind the tee box for 4-hour shifts and recorded where golf balls went. After
the first round of spotting, they didn’t get to see what they had hoped to see.
After discussions with Dr. Hurdzan and New Era, a tree was planted near the
back of the tee box to try to have golfers move their bodies to the center of the
fairway. They analyzed results after this. Mr. Ranc shared results from ball
spotting. The first round of spotting was done in April. Shots were observed over
a variety of times and days for about 7 days. Any shot that landed in bounds was
defined as in play. Out of bounds left is private residences. Out of bounds right
were the few shots that made it over the pond to the right. After trees were
planted at end of the tee box, observations occurred again. The design goal is to
have 92% of golf balls land within a 30- degree arc of where they are aiming. It
appears there was a slight improvement in balls landing in-play (72% to 79%).
Out of bounds left is still the predominant place balls are going when out of
bounds.
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Vice Mayor De Rosa asked how many actually entered a residential area. Mr.
Ranc stated that out of bounds left pre-supposes it is ending up on private
residential property.
Mr. Ranc stated when engaging with Dr. Hurdzan in 2022, staff asked for an
analysis to see what it would mean to make hole #5 a par 4. Dr. Hurdzan did an
analysis that had 3 separate areas where the back tee could be located. That is
the tee where most shots are hit from. The analysis stated that there will still be
balls ending up on private property. He suggested the back tee be located at 400
yards. Dr. Hurdzan also suggested a portion of the pond be filled in to extend the
fairway further to the right in order to provide more landing room to the right.
This initial concept for a par 4 also included rerouting of the cart path. The
projected cost of this reconfiguration is approximately $71,200. This cost was
qualified quite a bit with the current inflationary environment.
Mr. Ranc stated that the City of Dublin has a management and operations lease
with New Era Golf. At the time of the 2021 reconfiguration, the City entered into
a Memorandum of Understanding (MOU) with New Era that stipulated that if the
results were considered unsatisfactory, New Era would contract with Dr. Hurdzan
for creating a plan to redesign the hole in such a way that Dr. Hurdzan would
deem consistent with the original design. There is concern that by moving tee,
there will be some known consequences. There is concern that residents that
aren’t experiencing as many golf balls currently will then start likely seeing more
golf balls on their property. There is also concern that there has been much time
and effort put into the reconfiguration so far. Staff is looking for Committee
input.
Mr. Ranc shared the following potential solutions:
1. Temporarily shorten Hole 5 to Par 4 and analyze the effect on golf shot
dispersion;
2. Permanently shorten Hole 5 to a Par 4;
3. Increase natural screening (large trees, bushes, etc.) near the tee and/or
along the fairway.
The timing of this is important because New Era is selling their business to a
company called Bayberry Capital, LLC which is a real estate company out of New
York. Kemper Sports will be the new management company. Kemper has not
had detailed conversations with staff or Dr. Hurdzan yet. However, in their
preliminary consideration, they do feel that much larger trees planted could
reduce the number of balls in that area. When trees have been planted before,
concerns were raised about residents’ view and more balls going to the right of
the fairway.
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Ms. Kramb asked about the original design. Mr. Ranc stated that Hole #5 was
originally designed as a par 4. In response to Ms. Kramb’s question about Dr.
Hurdzan’s recommendation, Mr. Ranc stated that Dr. Hurdzan feels that if there
are large enough trees put along property line, that can be a viable solution.
Other than that, Dr. Hurdzan feels the redesign would be the best way to
minimize the number of balls going out of bounds. Ms. Kramb asked about the
caliper of trees needed and their maturity. Mr. Ranc stated that he would defer
to Kemper and the City’s horticulturalist. Mr. Ranc stated that they discussed
planting trees that are already of a very large caliper and not pine trees. Ms.
Kramb stated that there have only been a few months in which to see the results
provided by the steps already taken.
Vice Mayor De Rosa asked why Hole #5 became a par 5. Mr. Ranc stated that
they have not been able to find a written reason. There was a parade of homes
at the time and a desire by the homebuilder to extend some property lines to the
water to make them more attractive. From a stormwater perspective, it did not
seem like extending the pond would be a problem. A field approval was done to
allow the expansion of the pond. Vice Mayor De Rosa asked if homes were
occupied before or after the course was built. Mr. Ranc responded that several
homes were occupied after but it would depend on when the homes were built.
Vice Mayor De Rosa confirmed that the hole was a par 5 before anyone moved
in. Mr. Ranc stated that is his understanding. Ms. Kramb asked why the pond
was extended. Mr. Ranc stated that staff believes it was an aesthetic decision.
Ms. Kramb confirmed filling in part of the pond will not impact stormwater. Mr.
Ranc shared that staff has done an analysis of that and it was determined that it
would not impact stormwater management. Mr. Ranc clarified that the hole was
designed as a par 4 but never built as such. Ms. Kramb asked if there has been
consideration given to reverting to the original design. Vice Mayor De Rosa
stated that would just be moving the problem to the other side of the pond. Mr.
Ranc stated Dr. Hurdzan recommends filling in as limited amount of the pond as
possible to provide additional landing room for golfers. The goal of the
recommendation is also to address the issue where most shots are landing
understanding that the expectation is to mitigate (not entirely solve) the
problem. The buffer between the course and homes does expand further down
the course. Vice Mayor De Rosa asked about the consideration for non-natural
buffers along this area of the course. Mr. Ranc stated that staff would want to
talk to the homeowners’ association in terms of what would be allowed and to
keep any as natural as possible. The necessary height of a net would need to be
quite high and quite obtrusive to be effective. Vice Mayor De Rosa stated that
the City owns the land but operationally it has not been in our purview. Why is
the City having these discussions and not the operator? Mr. Ranc stated that the
land is owned by the City. We do try to stay out of these issues because we have
an operator. Because the design was changed and then the extension of the
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pond was approved by the City, we felt we could try to help with a resolution
between the operator and residents. This has been going on for quite some time.
Vice Mayor De Rosa asked if the City would have been involved in the discussion
and approval of the layout of par 4 or 5 hole. Ms. Readler stated that the par
was not necessarily in the City’s purview but the City did field approve the
change to the pond. Vice Mayor De Rosa asked why not just move the tee box to
the very edge of the pond. Mr. Ranc stated that is what Dr. Hurdzan is
recommending. That will show where golf balls are landing as an intermediate
step to making a long -term decision on par 4 versus par 5. Timing adds a
complication because the plan is for Council to review the operating lease at their
September 12 meeting. We are not golf course designers or operators. New Era
has wanted to keep this a par 5 for basic play considerations. New Era did install
bunkers to try to reduce people going to the left. 2021 was really the attempt to
find a final solution but it has not had as much of an effect as planned. Vice
Mayor De Rosa confirmed this is a public course and asked what the benefits are
for a Dublin resident vs. non-resident. Ms. Goliver answered that as a part of the
lease, there is a discount.
Jeff Olsen, General Manager, New Era Golf stated that he has managed the golf
course since 2014. The majority of people using the course are Dublin residents.
They have an annual membership that is approximately 90% Dublin residents.
Residents save 20% off of the green fee on this course and 10% on other New
Era managed courses.
Ms. Kramb stated that the City paid $31,150 in 2021 in materials and labor as
part of the MOU. Going forward any expense will be on the operator. Dublin is
just trying to help find a solution. Staff offered 3 potential solutions and also a
combination thereof. Ms. Kramb asked what New Era’s preference would be. Mr.
Olsen stated that they are fine with any of these solutions. The yardage Dr.
Hurdzan requested to make it a par 4 is within 10 yards of where the tee boxes
are currently located. Mr. Ranc stated that Dr. Hurdzan is suggesting the back
tee to be placed at 400 yards, the middle tee at 380 and the front tee would sit
at 350 yards. Mr. Olsen stated hole #5 was designed by Dr. Hurdzan as a Par 5.
He was on site when it was built and he has played the golf course every year
and is well aware that is a par 5.
Ms. Kramb invited public to speak.
Cristian Cooney, 5835 Baronscourt Way, stated that they live on the east side of
hole 5. Mr. Cooney presented in detail about his experience researching,
building, and living on this golf course. He shared that had hole #5 been
designed as planned, the golf course would be par 71 and he stated that there is
a prestige element to a par 72 golf course. The pond was expanded for the
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benefit of the Parade of Homes. Directly across from his home, that narrowed
the fairway almost 1/3 of the width. Had Dr. Hurdzan been able to make this
ground work as a par 5, and bring it to over 7,000 and a par 72, while
maintaining the safety of the residents, he would have done that. It was
designed as a par 4 using that ground as effectively as possible. After it was
designed, the pond was added taking away 100 feet of fairway and then it was
converted to a par 5 to get prestige. Mr. Cooney stated that he read through the
Golf Course of Dublin lease and found that it clearly states that the golf course
was responsible for ground forming of golf course. That cost was not to be
transferred to the operator of the golf course. This problem was clearly the
responsibility of the City and the City was responsible to approve any changes.
Mr. Cooney stated that he and his wife moved to this home in December of
2010. They are not golfers but understood living on a golf course comes with
risks. This was a golf course designed by reputable design firm and Dublin has a
reputation of ensuring building codes are met. He and his wife want 2 things: for
their property to be at least as safe as it would have been had Hole #5 been
installed as designed, and for the problem to not be pushed onto neighbors.
Mr. Cooney shared a detailed timeline from 2010-2018 of actions and property
conditions. He shared images of visible damage to his home. Between 2011 and
2020 there were 174 points of documented damage; and between 2020 and
2022, there were 28 points of documented damage. 40% of the damage was
over 87 feet from the golf course property line. They installed a 50’ x 18’ barrier
netting.
Ms. Kramb stated that no one doubts that all of the damage occurred. She asked
for proposed solutions. Mr. Cooney stated that his appeal is to find a balance
between immediate relief and prudent investment. There is no way Hole #5 can
be made safe for residents. He would like for this hole be converted to Par 4.
They would have comfort knowing that the City would commit to permanently
shortening Hole #5. Golf Course of Dublin is not a Par 72 golf course.
Albert Timperman, 5706 Ennishannon Place, Dublin, stated that he and his wife
moved into the Villas in December 2020. They have an erosion problem. In the
last 2 years, land has moved into pond two feet. They have water 6 feet into
their yard. Erosion is continuing to be a serious problem. He simply wants to
request that the City to come to a solution to correct this problem for them and
he would like to know how long it may take.
Ms. Kramb asked if filling in the pond would address any of the erosion issue. Mr.
Hammersmith stated that staff has been in contact with original engineers and
the ponds are over designed in terms of stormwater. Losing that are on Hole 5
will not have a large impact on stormwater management. This is the first he has
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heard of this erosion concern. Staff did meet with a resident to the south but
staff can look at this and see if we can help. Mr. Timperman referenced the drain
for the pond on Hole 6 is about three feet above their land.
Bruce Gelsinger, 6619 Carinlough Place, stated that he lives along the 6th
fairway. There is a lot of vegetation on the small pond on the 6th fairway. It is
unsightly and is decreasing property values. There are other skimming
opportunities. They have not seen much of anything in the way of keeping the
condition of the pond up. There were two bubblers installed and only one is
functioning. Ms. Kramb asked about maintenance of golf course ponds. Mr. Ranc
stated that the City works with the operators. Primarily responsibility lies with the
operator. Staff works with a golf course committee. Ponds are the primary issue
discussed by that committee. The City has installed aerators A study has been
done and they are working on solutions with that committee on a regular basis.
There is more work to be done but it is an issue regularly being addressed. Staff
will follow up with the resident. Mr. Gelsinger stated that the pond he is referring
to is not in any current report.
Regina Bremer, 6671 Carinlough Place, stated that she would like to make
observations since their home was built in 2010. They appreciate living on the
course and think a golf course should be an enjoyment and entertainment for all
people. The course attracts company outings. There are some very errant shots.
This course is not meant for elite golfers only. Ponds have been a definite
concern of hers. She served on Villas Board for 4 years during that time that New
Era came in a lessee of the land. The board looked over the lease extensively.
Everything was covered under the lease except ponds. The word pond could not
be found in the lease anywhere. They were told that surveyors numbers would
include ponds. She thinks that means that the City has some responsibility with
the ponds and the entire golf course. It is for entertainment but should be a safe
place to spend time. She recently had the fortune of playing with an older man
and son. They shared with her that they dug most of the basements for The
Villas and Ballantrae and he stated that the ponds were not dug to specifications.
Consequently, the ponds are full of scum. They have a tried number of things.
The City does have some responsibility. The ponds not dug to specification and
the City did approve plots. If the homes built too close to the golf course, that is
not the homebuyers fault.
Paul Litzsinger, 5702 Ennishannon Place, stated that he lives on Hole #6. He
asked if New Era golf selling their contract will open up the chance to renegotiate
the lease so that there is clear roles and responsibilities as related to ponds and
grass cutting. He was not aware ponds were not dug to specifications. He
suggested opening up the issue of ponds not being dug to specifications. Mr.
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Ranc stated that staff is in the process of working out lease terms for Council to
consider and looking at various elements to be considered.
Mr. Olsen referenced hole #5 and stated then when they moved the green tee
box (main tee) up to where the white tee is. They have done mitigation on the
left side of the hole. When they moved that tee box up, errant shots to the right
are now reaching those homes. If we move all of those boxes up to their
proposed locations, there may need to be mitigation on the right side of the
pond. New Era did put in new trees at their expense. There is some concern that
a whole new set of problems may arise on the right side of the pond.
Mr. Ranc stated staff is looking for guidance and a recommendation to bring to
Council. Moving this from a Par 5 to a Par 4 may cause other consequences. He
would recommend as a new operator comes in that mitigation be evaluated with
them.
Vice Mayor De Rosa stated that she would to like to hear from Dr. Hurdzan since
we are relying on his recommendation. She would hesitate to make a move
without hearing from residents that may be impacted. She would want to hear
that they knew this was being considered. In order to make a recommendation
to Council, she would want to have that additional data.
Ms. Kramb asked if the MOA between City and New Era is transferrable. Mr. Ranc
answered affirmatively. Ms. Kramb stated that whoever is buying this will have to
find a solution. She heard that planting trees will be part of solution regardless.
Mr. Ranc confirmed that trees are part of the solution and discussing that with
new operator would be advisable. Ms. Kramb stated that she would like to know,
excluding all circumstances, how Dr. Hurdzan would design this hole. She has a
problem with picking and choosing and not doing exactly how he said to do it.
Vice Mayor De Rosa stated that she thinks that if there is an impact to residents
from any change, all residents should have an opportunity to sit before Public
Services Committee and/or Council. Ms. Kramb stated that we are moving
toward a solution and double-checking with the expert is not holding anything
up.
Staff will ensure that Dr. Hurdzan is present when this comes back and that this
is viewed from a “blank slate” perspective.
Stormwater Basin Maintenance Pilot Review
Mr. Stanford stated that staff is bringing forward an application for the
stormwater grant pilot program for 2022. This is the first year of implementation
of the pilot program. The program provides up to a $10,000 matching grant to
HOAs that are responsible for the maintenance of publicly owned stormwater
basins. This is a one-time grant awarded for eligible expenses. A total budget of
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$30,000 was allocated for the grant program for fiscal years 2022 and 2023. The
purpose is to encourage proper maintenance of stormwater basins that are
publicly owned but not publicly maintained.
Mr. Stanford stated that the application period was opened in the spring and
extended. There was one application received from Tartan Ridge HOA. Financial
data is required to be submitted to show that they are able to perform the work
being shown. Mr. Stanford showed images of issues to be improved. Total
project cost estimate was $31,030. The grant request is for $10,000 Staff
recommends the Public Services Committee make a recommendation of support
and approval of this application to City Council.
Ms. Kramb asked how this was advertised. Mr. Stanford stated that it was
advertised in two ways. Through the public website and through direct contact
with all HOAs throughout City. HOAs were the target audience. Ms. Kramb
wondered why there was only one applicant. Mr. Stanford stated that while the
matching grant part is generous, the challenge is that a match only means
something if they have that funding planned for their work. Ms. Kramb asked if,
now they know the program exists, we are expecting to get more applicants. Mr.
Stanford stated that is our hope. Staff has pondered how to get more applicants.
As first project happens, it can tell a really good story and can show the impact
the money can make. There is also additional education staff can do. He noted
that because the grant maximum is $10,000, that does not mean there can’t be
smaller projects than the $10,000. Part of the program requires them to come in
and meet with an engineer. Staff can then further educate applicants on work
that is eligible for the grant. It must be something that is impacting stormwater
management.
Vice Mayor De Rosa moved to recommend to City Council approval of the
stormwater maintenance grant application. Ms. Kramb seconded.
Vote on the motion: Vice Mayor De Rosa, yes; Ms. Kramb, yes.
The next meeting of the Committee will be Thursday, September 22, 2022 at
4L00 p.m.
There being no further business to come before the Committee, the meeting was
adjourned at 6:44 p.m.
____________________________
Chair, Public Services Committee
Public Services Committee
August 10, 2022 Minutes
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__________________________
Deputy Clerk of Council