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HomeMy WebLinkAbout10/16/2000 RECORD OF PROCEEDINGS A.~.w.._w.~..m~..~roH~.~...~A.,~~,.~.~,..~~.~...MiaG~~tw~~~.~~~.,.~.~.,~~......~,_...aao,~~~,~.m~om~.~~.~~~...,,~.,.~..n,~„~w4~.,~a..~ti..aw..~~~,w.,.HO.~4..~,.,.w.._..~~~M4..~~o~,a~..,,~.,m~~m~.M4..~nti.,~~.~~,~.n~wo~ti.4~~,~ww-,,_wnMA.._.~M.~..~o.~.~..om....,~~mw..M~~g.,..~~d..mHa~_u~A~.. Dublin City Council Meeting Page 1 Held (~ctnbPr 1(,, , (YEAR) Mayor Kranstuber called the Dublin City Council. meeting of October 16, 2000 to order at 7:00 p.m. Mr. Reiner led the Pledge of Allegiance. F Roll Call Council members present were: Mayor Kranstuber, Vice Mayor Adamek, Mrs. Boring, Ms. Chinnici-Zuercher, Mr. McCash, Mr. Peterson and Mr. Reiner. Staff members present were: Mr. Hansley, Mr. Ciarochi, Ms. Grigsby, Mr. Smith, Mr. McDaniel, Mr. Harding, Mr. Kindra, Ms. Clarke, Chief Geis, Mr. Stevens, Ms. Puskarcik, Mr. Hahn, and Ms. Crandall. Approval of Minutes of October 2, 2000 Meeting Mr. Reiner noted a correction to his comments on page 7, second paragraph, where it should state that "courses are not very treed." He also asked that the Clerk include the specific commitments made by the applicant in regard to the physical components of the golf course. The Clerk agreed to add language as necessary to reflect the testimony. Mayor Kranstuber moved approval of the minutes as amended. Mr. Adamek seconded the motion. Vote on the motion - Mr. McCash, yes; Ms. Chinnici-Zuercher, yes; Mr. Adamek, yes; Mr. Peterson, yes; Mr. Reiner, yes; Mayor Kranstuber, yes; Mrs. Boring, yes. Correspondence The Clerk reported that two notices to legislative authority were sent to Council regarding liquor permits: 1) transfer of Donato's Pizza permits from Perimeter Loop to the S. High Street location; and 2) a corporate transfer of permits currently issued to _ Buffalo Wild Wings at Avery Center. There was no objection to the transfer of these permits. Citizen Comments Wallace Maurer, 7451 Dublin Road noted that last spring, staff provided him with a document regarding the Dublin Road bikeway including the plans and the timetable. He asked if other residents of Dublin Road were given this document. Staff indicated that they were not, but upon request, they will be provided with that same information. As a matter of protocol, he requested that in the future, the Mayor or the Clerk informs him when his five minutes have elapsed, as he often is not cognizant of the amount of time he has spoken when he is engaged with the subject matter. Gabriel Weinin~er, 5587 Tara Hill Drive presented a petition to Council on behalf of seven residents of Tara Hill Drive whose homes back up to the Rec Center parking lot. They are requesting that the City revisit the decision to place a split rail fence between the Rec Center and their homes. They believe that this type of fencing will not deter trespass through their properties from residents. of Hemingway Village. They also have concerns related to the debris, the lighting and the noise which has resulted from the Rec Center. They are requesting that the City install asix-foot privacy fence at the present location of the greenery fence. While asix-foot privacy fence is not permitted under the City's fence Code, they believe that the situation warrants such a variance. Discussion followed by staff and Council about the City's Code amendments regarding fences and the residents' need for separation from the Rec Center. Considerations discussed were the residents' concerns, the aesthetics, the intense uses in Coffinan Park such as the event lawn, the ramifications of installing a privacy fence in one portion of the border of Coffinan Park and not others, and the need for a waiver to install a privacy fence. Mayor Kranstuber moved to direct staff to prepare a report in the next few weeks regarding installation of a privacy fence or other suitable means of screening, and to work with the affected residents in developing this report. RECORD OF PROCEEDINGS ~~.o.,~.mwo.~..~ti.~rv~.~...~~_v..,w~,~..i.~a.~t~~~.~..~,w..~~o..H.~~w..nw,w.~~~,w..~.w~.~.~.~,~~v,..~d,~o~ ~n..~~~, w~w..~rov..~....~,.,w~~.~aA„v..m~..~.~..~..~..~o~~~..~~M,4._~a,_.~...~~~a,l~~~g~~~,...A~,,~..m Dublin City Council Meeting. Page 2 Held nctaber~, ~.M.~ , (YEAR) Mr. Reiner asked that consideration being given to aesthetics in the development of these options. Mrs. Boring seconded the motion. Vote on the motion - Mr. Peterson, yes; Ms. Chinnici-Zuercher, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mr. McCash, yes; Mayor Kranstuber, yes; Mr. Adamek, yes. Mayor Kranstuber added that this issue will be revisited at the November 20 Council meeting, and that the residents will be notified. Kathryn Epp, Chair, Natural Resources Advisory Commission summarized the annual report of NRAC as provided in the Council packet. The report covers the period from June 1999 through September of 2000. Issues such as commercial open space, acquisition and preservation of open space and natural areas, impact of development projects on natural resources, implementation of the tree preservation ordinance, and flood plain management, stormwater runoff and watershed protection issues were all addressed by NRAC during this time. She then reviewed the various recommendations of NRAC on these items, as contained in the report. She asked for further input from Council on the next steps for the Commission. Following brief discussion, it was the consensus of Council that NRAC report to the Public Services Committee to obtain future direction. Staff Comments Ms. Clarke reported that a meeting is scheduled on October 24 to obtain community input on the zoning code revision. The consultant from Ratio Architects will be present and will facilitate small group discussion on the items to be incorporated in the zoning code update. She outlined the various media used to secure public participation. The process is being overseen by the Community Development Committee and she asked for guidance on timeframes for review. Following brief discussion, the Committee agreed to meet on Tuesday, October 24 at the conclusion of the public input session to provide further direction to staff and the consultants. Ms. Puskarcik reported that former Washington Township Trustee Larry Eberhart died on Monday, following a long illness. Visitation will take place on Wednesday from 2 to 4 p.m. and 7 to 9 p.m. at the Rutherford Funeral Home in Powell, with services on Thursday morning at 11 a.m. at the Dublin Community Church, and burial in the Dublin Cemetery immediately following. Mayor Kranstuber noted that a Skate Park Design workshop is scheduled on Saturday, October 21 from 3:30 to 6:30 at the Rec Center, and he invited the students present to participate. LEGISLATION PUBLIC HEARING/SECOND READING -ORDINANCES Ordinance 102-00(Amended) - An Ordinance Providing for a Change in Zoning for 17.32 Acres of Land Located on the North Side of Post Road, Bounded on the West by I-270, and to the North and East by the South Fork of the Indian Run, from: CC, Community Commercial District and LI, Limited Industrial District, to: SO, Suburban Office and Institutional District. (Case No. 00-075ADM - Council initiated Post Road Rezoning) Mr. Adamek moved to adjourn to executive session at 7:40 p.m. for discussion of legal matters. Mr. Peterson seconded the motion. Vote on the motion - Mr. Adamek, yes; Mr. McCash, yes; Mr. Peterson, yes; Ms. Chinnici-Zuercher, yes; Mayor Kranstuber, yes; Mr. Reiner, yes; Mrs. Boring, yes. The meeting was reconvened at 7:55 p.m. Ms. Clarke noted that City Council initiated this action and referred to staff and Planning Commission a request to examine the zoning on the north side of Post Road. The subject site includes 17 acres on the north side of Post Road, bounded on the north by the Indian Run. The land is currently zoned CC, Community Commercial, and the driveway to OCLC is zoned LI, Limited Industrial. The proposal is to rezone the 17.3 f h~ E 11 I ~ RECORD OF PROCEEDINGS ~~~_~.~~_~„~m.~,~~.w.~~~~~_o„ti.~w~iaa~t~sv..~~,me..~..,~..~u~.a..~,owu~,,,.o.~.~.u...~.o.,..,.~~~w..,A,~~wPa~.,,-~~~ ,w~.~,. ~.~,P„~.~,.~..,~~Hw~~,~.~rw~,4,..~~._A..mA,..-w..Awa~w.~,w,~v~~,v..o~m.~ H,,.,~.~.,.~.,_w~,~~~.~.~H....~ ~~,ia~g Dublin City Council Meeting Page 3 Held OctnhPr 1 h, ~nnn , (YEAR) acres to SO, Suburban Office and Institutional District. She then showed slides of the site and surrounding area. In terms of existing land use, the land at the eastern end is owned by OCLC and is presently used for residential premises; the white building has housed the BMW dealership and now houses their used car operation, and it will soon be used again by BMW; the showroom building will house a new lines of cars associated with BMW. On Friday, a permit was filed toxehab that building, adding 15-20 parking spaces, and adding a dramatic showroom wing to the east on the property. The next piece houses the "Toy Barn" of sports cars, and the last building closest to the freeway now houses the Roby Mitsubishi sign and some cars for sale... Council initiated this rezoning, and Planning & Zoning Commission recommended approval on September 21 by a vote of 6-0 with two conditions: 1. That any new development on the site meet all floodway regulations; and 2. That any new development complies with the Dublin lighting guidelines. She noted that in the adopted Community Plan, this land was shown as non-residential use/employment emphasis. Upon rezoning of this site, the car dealers would become non-conforming uses and future uses would then hopefully be office or institutional. The car dealerships could remain virtually forever, so long as the use isn't interrupted for a period of more than two years. Planning Commission discussed this site with its location along a scenic road, noting that office uses tend to have a more residential look than the retail uses that are permitted in the CC, Community Commercial district. Since the adoption of the Community Plan, Council has made the decision to expand the Coffman Park which is located just to the west of this site. This area is the biggest gateway into the largest block of housing in Dublin. This is the entryway to the whole northwest area, and staff believes that rezoning the property is consistent with the Community Plan and other decisions Council has made in regard to this corridor. From an income tax revenue standpoint, office use would generate a greater amount of income tax to the community, should it be redeveloped for that use at some point in the future. That is offset slightly by the fact that offices do generate a good deal of peak hour traffic, certainly more than that generated by auto dealerships. Staff recommends approval of this rezoning. David Dve, attorney with Swedlow, Butler, Levine, Lewis &Dve Co, IO W. Broad Street, Columbus stated that he represents Roby Development_ He noted that Roby is the owner of the Toy Barn and the building to the northwest that currently is signed as a future Mitsubishi dealership. He requests that Council defeats or postpones this ordinance for a number of reasons. He was unable to obtain an answer from. Planning Commission about why the City is taking this action. When Council sits in judgment of zoning matters, it is most frequently in consideration of a request by a property owner asking to use his property for a certain purpose. Through the democratic process, Council determines what those uses maybe as they are weighed against the health, safety and welfare concerns of the community. In this case, Council's perspective is different as they have both initiated the request and are judging its appropriateness. The property owner has no voice in what the property will be used for, and Council is making this judgment without any rational basis under a health, safety or welfare rationale. Staff noted that there are traffic impacts associated with this change to office zoning, yet there has been no traffic study done. There has been no study of this site situated along the south fork of the Indian Run to determine the appropriateness of office use, the impact it will have, the appearance of the buildings, where they will be situated, etc. This absence of information may set a precedent for other applications which come before Council in the future. If the goal is to eliminate car dealerships, this action will have the opposite effect, creating anon-conforming use for auto dealerships. The value difference of this property operated as anon-conforming use for car dealerships in comparison to its value for office use in the future will basically lock the dealerships in place. If the goal is to establish an entryway to a vast northwest corridor, then why is something not being done on the south side of the road as well? This site is buffered by existing I-270, the south fork of the Indian Run, the massive OCLC campus, Rt. 161 on the south, and Frantz Road extended into Post Road which is currently surrounded by existing, high-intensity commercial uses. The concept of changing this to office use as a transition between commercial and freeway, between institutional and RECOI~L~ OF' PROCEEDINGS _..~~~_~~..~~.~.~,.~v..~.,,~:.~vMana~.t~ ,,~~w.~,....~.~.~,~ti~.~.N~.,~.~,~..or..o~~,..o~~_v_.u~..w~~aH..,.4,~w~..~ ~,~,.~m~ .~u.~w~w. ~~A~...m~: row~~w..~~„wv~vpw~,...~,w~..,~~„~a~..~.~~,..o.~_w_~~~~~t~ng....~w.~..,w..~~,. Dublin City Council Meeting Page 4 Held Q~tnhP,~l h, ~nnn , (YEAR) commercial/industrial is very puzzling. He asked that Council examine their responsibility as a Council regarding the constitutionality of what they will do if they approve this rezoning. This proposed use would not be compatible with any of those around it on a small, well-buffered piece of property. This is a classic case of spot zoning. The diminution in value by virtue of this rezoning is extreme, and at a minimum would also be a classic case of a taking. The City is likely to spend any increased tax revenues from the future office development on the litigation that will ensue to determine the appropriate uses for this property. He urged Council to vote against this or postpone action until deeper analysis has been completed. William G. Porter, attorney, Vorys, Sater, Seymour and Pease, noted that he represents Mark Brentlinger, Brentlinger Real Estate LLC, and Midwestern Auto Group. They join in the objection to this rezoning on the grounds which have already been articulated. He noted that he represents a suburban City and City Council and would make these same comments to his Council if they were considering such an action. After a careful review of the facts, he would recommend that Council not pass this rezoning. It does not "pass legal muster", either procedurally or substantively. It already has been and will continue to be very harmful to his client who purchased this property in reliance upon a 30-year zoning status designation and has already lost several significant business opportunities because of this action. If this rezoning passes, his property will be devalued by a factor of several million dollars, as verified by independent appraisers. The rezoning singles out the property, singles out the use, and is discriminatory. It is illegal and improper rezoning. Mr. Brentlinger must institute a legal action to stop this rezoning, in order to retain the value of his property and because of the principles involved. He emphasized that if the rezoning is not stopped, the continued existence of car dealerships on this site will be guaranteed into perpetuity, contrary to what the goal of Council is in taking this action. Moreover, not only does the zoning create exposure for the City in terms of legal action and damages, but the individual Council members will also be subject to the same as a matter of law. In summary, Mr. Brentlinger, Midwestern Auto Group, and Brentlinger Auto Group LLC do not want to fight with the City of Dublin. He has been a good corporate citizen, as the facts and the tax records will bear out. The only way out of this situation is for Council to withdraw or defeat this ordinance. Mayor Kranstuber asked for clarification about the 30-year zoning use comment. Mr. Porter responded that his understanding is that the original CC, Community Commercial zoning designation for this area was instituted in 1970 with adoption of the original zoning code for the City of Dublin. Mayor Kranstuber stated that if this action is consistent with the Community Plan in terms of employment emphasis use, how could this be considered spot zoning? There was abroad-based community effort for the Community Plan and the related fiscal analysis was done in order to determine appropriate uses. Mr. Porter responded that this rezoning which singles out 17 acres on the north side of Post Road and which does not address the acreage and the Community Commercial retail use to the south is not consistent with the Community Plan, and by singling out car dealerships which comprise 92 percent of the 17 acres under subject constitutes spot zoning in its purest and most blatant form. Mr. McCash stated that the comment that this action is based on a desire to eliminate car dealerships is inconsistent with the fact that the car dealerships can remain as a non- conforming use after this rezoning. If the Community Plan specifies mixed-use employment emphasis, there are existing office uses to the north and to the south along I-270 and Post Road. How could this then be viewed as spot zoning if, in essence, Council's action in this rezoning is to begin to implement the Community Plan? Chris Cline, attorney, Blaugrund, Herbert & Martin, 5455 Rims Road, Dublin stated that his clients are the same as Mr. Porter's. He noted that the Community Plan does not in fact list this as office or employment emphasis. In reviewing the one portion of the Community Plan which deals with the developed and zoned property in Dublin, it does not make a recommendation for an assigned land use. It merely says, "existing land f I~ i ~ ~ ;I I I 1 i ~ 1 f REC01:2D OF PROCEEDINGS ..~w....~o~.M........,.m~...~.,m~~mv~..~..~Mti~.Mi~~t~~ of ~,_,~.,~a_4..m4.,o~..~~~,..~~~.u~.~~Aa~.._~~~.~a~~„_~~.~.u~.a~~o.~,.,w.~.~.~.,~o.,~~~.~_o_.~.,-~~.~a,~„~,.~,..~~~.~...~_,~.~.~a~~..~..~,~~,.~~,Me~g..mti.,.~~w,~~~u Dublin City Council Meeting Page 5 Held (~~tnber ~ ,11(1 , (YEAR) use." It is not accurate to say that there was a recommendation that this land use would be in the category ofnon-residential, employment emphasis use. Mayor Kranstuber stated that there is an existing land use map in the Community Plan, but during the Plan update, an appropriate land use was assigned and designated in color, some of which were consistent with existing zoning and some of which were inconsistent with existing zoning. Mr. Porter has argued that there is some discriminatory intent against car dealerships with this rezoning, but he also indicates that this action will result in car dealerships existing into perpetuity. This argument seems illogical. Mr. Cline explained that there is a major difference between land zoned Community Commercial and land which is allowed to have a car dealership remain by virtue of the fact that it is anon-conforming use. If the intent is to eliminate car dealerships, this strategy clearly will not work. Mr. McCash clarified that the intent is not to eliminate car dealerships. In reviewing the Community Plan and mixed use employment emphasis to determine which straight zoning category most closely resembles the Community Plan -that was determined to be the Suburban Office district. There are potential uses in the Community Commercial zoning district which were determined to be inconsistent with the Community Plan. Council is looking at the long-range implementation of the Community Plan, including traffic flow issues, and stormwater issues related to higher intensity uses, etc. Mr. Cline responded that the Community Plan does not support any change on this parcel. There is merely an observation of existing land use without recommendation of any change. On the contrary, he believes that the Community Plan indicates that in this ~ particular area, all of this developed land has been assigned a zoning category and there is no recommendation for change. Mayor Kranstuber emphasized that some of the considerations in this area are the beautiful stream, the long history of OCLC's environmental sensitivity for their property, and the Indian Run falls where the City has spent over $1 million to preserve it. Mr. Cline argued that in terms of the adjacent properties, the adjacent OCLC campus is zoned LI, Limited Industrial; a major freeway borders it; a major road fronts the southern portion; an extensively developed commercial area borders it to the south. Technically, he does not believe that there is any vehicle in Dublin's Code to impose the two conditions attached by Planning Commission, as Dublin does not have a limitation ordinance nor is there a consenting landowner. Secondly, in terms of financial contribution to the community, MAG is one of the larger taxpayers to the community at over $750,000 per year, the bulk of which, @$500,000 goes to Dublin Schools. David Dve testified again, representing Roby Development stated that their immediate response to the action of Council in requesting this rezoning was recognition of it as an effort to stop the car uses from being expanded. There was a perception that was communicated to his client regarding whether or not the furthest northwest portion of his site had actually ever been established for retail automotive use. Whether or not a use had been established there would affect the question of whether or not this rezoning would enable or allow that use to be established if the zoning goes forward. He and his client definitely viewed Council's actions as responsive to the interests of his client in expanding the automotive use and not just carrying it forward under the existing structures. The entire discussion that ensued beyond that goes further to the question of why Council is doing this if the comprehensive plan for the City has a number of areas where the overlay of the proposed use is inconsistent with what the existing uses are. Why then is the City targeting 17 acres of developed land where there is no current proposal to change a use for a Council initiated action to rezone? This land is already developed with a car dealership, and the applicant is not requesting a change. If Council wants to do something consistent with the overall Community Plan, it should be done on some 1,000 acres, and not 17 acres, if that is the number of acres where the Plan doesn't match the existing uses. The comprehensive plan is a tool for guidance as the ~ ~ 1 i i ;I I is ' I L I !;I ii ~ I RECORD OF PROCEEDINGS .~v..~.w...~~.~~~~v~w~e_..~,..Mi~~t~ a~.~.ti,~....,.~..,.~.~.~....~.~o.,....~..aa..,..~,.~µ,_d....4_~n~.H...~u._~~~~:,,~~~, uowHw~A. ~.~~Arow,~~.,~..,~..~a.~~~,.,~o,~.~tio~~~.~~~...~A.n_~.~ti~,~~,,.KA~!,~~~.ng~.,.v..,~.~.~w~.. Dublin City Council Meeting Page 6 Held nct~her 1 h, 2~~(l , (YEAR) applications come in. It is not a license for Council to pick and choose small pieces of particular uses to rezone in order to force people into non-conforming uses that limit expansion opportunities. If there are truly concerns about how this property develops as it expands or as the uses are enhanced, Council should focus on the development plans, the landscaping requirements, and what can be done by the applicant on a voluntary basis. Mr. Peterson noted that he doesn't understand the debate about whether this is supposed to be income-generating type office land according to the Community Plan. Mr. Cline has stated that it is subject to interpretation. The staff report to the Planning & Zoning Commission states that, "The future land use map in the Community Plan designates the parcels tv the west of Frantz Road as non-residential, however the Plan does recommend that the eastern portion of the subject site be developed with office uses." Either the Plan specifically says this or it does not. It seems to him that what Council is attempting to do with this action is let the property owner know that they can continue to use the property in the way it is presently being used, but in the future, if the use is not continued, the new use must conform to the Community Plan. The issue is not that complicated. Mr. Cline responded that other than some special areas that are not addressed, the general land use recommendations are contained on one map consisting of two parts: existing land use which is comprised of everything presently developed; and another section with recommended land use for undeveloped areas. Rather than arguing, he suggested that Council review this map carefully. He does not believe the Community Plan makes any recommendation for a change of zoning for this area. Mayor Kranstuber asked staff to comment. Ms. Clarke stated that there were a number of sites that were examined during the Community Plan process in terms of what the existing zoning map indicates and what a proposed use might be in the Community Plan. In terms of Mr. Cline's assessment of the future land use map, it does not say that this land is to be zoned for office uses; it merely acknowledges what is existing. There is a section that deals with the eastern end of this site, but for the majority of this 17 acres, the Community Plan did not recommend massive changes in zoning. It was considered during the Plan process and discarded as a strategy during the last year of the hearing process, because it was determined that this strategy would do more to interrupt the adoption of the Plan than any other single action. The Community Plan as such recommends broad land use classifications, but it does not recommend that a specific parcel, with rare exceptions, should be downzoned. The point that staff was trying to make was that office use is completely consistent with recommendations in the Community Plan. Vote on the Ordinance - Mr. McCash, yes; Mr. Reiner, yes; Mayor Kranstuber, yes; Ms. Chinnici-Zuercher, yes; Mrs. Boring, yes; Mr. Adamek, yes; Mr. Peterson, yes. Ordinance 119-00 - An Ordinance Approving and Authorizing the City Manager and Director of Finance to Execute a Ground Lease and Operating Agreement with Tartan Golf Company, and Declaring an Emergency. Mr. Ciarochi stated that Council had expressed concerns at the first reading which have been addressed to the extent possible in the amended agreement being presented tonight. He introduced Tom Bruff, KPMG, to present his report and analysis. Tom Bruff, KPMG, Golf Industry Practice section stated that he has been retained as a consultant for the City in this project and assisted staff with development of the golf course program in Dublin. He believes that "success" in this project, as defined by staff, would be the provision of a high quality golf course for the City of Dublin without exposing the City to business or financial risk. He believes they have succeeded in this regard for the following reasons: 1. The course will be financed privately without City funds or guarantees. Traditionally, golf operators and managers have not invested their own funds in a project where they ultimately will not be the owners. This was not the case, RECORD OF PROCEEDINGS A,.~ti..~..~.~~...~,.,~N,~~~Pw4~~.AMai.~~tc~s.~,f M~~...~._~~.,.w..~~o.~.....w,~~.,~~.~~a..,~oti~,~~..~~o~,o.~w..~..~..~...~w~,~.~w~~~w~„~a.,~,~.oM-......~~.:,~_.4~w.o..~..,..~,~~mAam~.....~.....~,,~.~,~.~.~..,~~~tauag~...~..we.~wM... Dublin City Council Meeting Page 7 Held nctnh~r 16., 2000 , (YEAR) however, for this project. 2. He is convinced that the Tartan Golf Company is knowledgeable and capable in this regard. He has interviewed their senior management, toured their current facility, and spoken with superintendents and operational staff. 3. The City in this document has the controls necessary to ensure development of a top quality facility that will serve the needs of the City into the future. Protections include: liens cannot be placed on the property; financing and construction must be met within certain timetables; maintenance standards are specific and will be delineated in a maintenance manual; there is indemnification; there cannot be sublease without the City's agreement; the facilities for driving ranges cannot be lighted; the designers of the golf course, Hurdzan and Fry are very reputable and have already been selected; the project is described within the document; and the business plan will be reviewed annually with the City. 4. The agreement also provides benefits to the citizens of Dublin, including hefty discounts of 20 percent at peak times and 25 at non-peak; there will programs for juniors, women and non-traditional golfers; the public high schools will be allowed use of the facility for the betterment of their programs; and at the end of the lease the course becomes the property of the City. 5. The market study done shows that the pricing is right for the City for this project and that it is in keeping with what is to be achieved in the southwest portion of Dublin and with the development around the course. Mr. Ciarochi added that Jeff Hayes, legal representative of Tartan Golf Company and Carey Campbell, Chief Financial Officer, Tartan Golf Company are present tonight. Mayor Kranstuber invited public testimony. Wallace Maurer. 7451 Dublin Road stated that he does not know what the expectation of Dublin residents will be in terms of greens fees for the golf course. He is relying upon his sense of what a municipal, public golf course is intended to be. He has completed a comprehensive survey of greens fees of approximately 80 golf courses in the Columbus area, and his findings are as follows: for 27 courses, the greens fees are under $15; for 37 courses, the fees range from $15 to $25; for 7 courses, fees range from $26 to $40; and for 6 courses, the fees are over $40. Another related issue is the scale of challenge for this course, as there are several different categories of skill levels for golfers. Championship golfer Tiger Woods has changed the level of challenge for the game, and the City must determine what level of challenge they want for a municipal course and what clientele they want to attract. The needs of the average, once a week player should be considered as well. Mike Jenkins. 5588 Caplestone Lane stated that he has a concern with the proposed greens fees. Many believe that Dublin is a City full of wealthy people, and that is not true. If availability and accessibility to most residents of the City is the goal, the discounts are not adequate. Under the fee schedule as proposed, a family of four will pay $195 to play golf, $380 at full price. This is more than the annual dues to the Rec Center for the same family. He believes that Tartan Golf Company will do a good job, but if the price cannot be lowered, perhaps Council needs to look at others who are interested in constructing and operating the course. Mayor Kranstuber stated that the modifications made since the last hearing include the addition of language about the specifics of the course and a right of first refusal in the case that Tartan would want to sell the course in the future. He appreciates the additional language regarding junior golf programs, the City use of the facilities four times per year free of charge, the ability of the Hilliard Schools to use the course, and clarification of the non-discriminatory clause. Mr. McCash stated that the language in the agreement calls for "fair and reasonable greens fees that are not substantially higher than greens fees charged by comparable first class public play golf courses." Based on Mr. Maurer's research on first class golf courses in the Central Ohio area, the greens fees would be in the range of $25-26 per round. RECORD OF PROCEEDINGS _.~M_...,.v...~_~..~..,~~a~~ .M~..:~ Minas sa~~,.~.~..m~...~~ro~w..~~,.~..~~.~o~~umw,.~.,M~_~~H~~,~ron~wP,.w~,,w.~a.~~o 9.:.~a~ .,,,~w..,~.w~H~A.o~m~.~P.m~,..~.,~.a_w~.~~~~A,.~.~.,.~...~ro.~:~.v~HM~~~kaa~g~~.w.,,~...a~~.ao. Dublin City Council Meeting Page 8 Held nctoher 1 f~, 2nnn , (YEAR) Mr. Smith stated that this is not his interpretation of the language. A comparable first class public course would be Cook's Creek or Bent Tree, and the fees for those courses are $65 and up. The market study showed that this type of course was appropriate for the Dublin market. The greens fees are market driven, and staff and the consultants concur with the greens fees at the level of these comparable courses. He asked Mr. Bruff to provide additional information. Mr. McCash emphasized that the continual focus of discussion relates to the price per round, and whether $65 is a reasonable rate for a Dublin resident to pay. Courses such as Bent Tree, Cook's Creek and Royal American do not offer $17 rounds of golf, so there seems to be an issue with the type of course being built and the appropriate fee to be charged. Mr. Bruff stated that the market study for this area showed that 65 percent of the golf courses priced under $25 are technically municipal courses. Traditionally, these are lower end courses which were built long ago and have a large number of rounds per year. Above that, in the $25 to $36 range, there is another 25 percent. This group competes on price and there is a lot of competition for the same business. The analysis showed that a golf project above that level is what was needed in this area. They believe it is appropriate for the site, fulfills the desire to enhance the quality of development for the southwest, and is an appropriate mix with the housing development which will surround it. Mayor Kranstuber stated that he agrees with Mr. Jenkins regarding the level of fees proposed. At these prices, it would make more sense for a regular golfer to join a club on an annual basis. Mr. McCash countered that, in the end, the market will dictate what rates are actually charged. If the fees are too high for the market, they will have to be lowered in order to attract golfers. Mr. Bruff commented that the trend in other areas of the country seems to be toward $80 to $100 in greens fees. He emphasized that the market study, however, demonstrated that the Dublin course needs to be a course above the average courses in the area in order to draw. Mr. McCash pointed out that in regard to the Rec Center, the membership fees charged do not cover the annual operating costs or the debt service. Ms. Grigsby responded that there is no Rec Center debt service paid for by user fees - it is 100 percent subsidized by income tax. On the operating side, the City's goal is to substantially recover operating costs. Mr. McCash stated that if the City decided to issue debt, construct the course, and manage it, there would be a substantial subsidy required in order to set greens fees at $25. Ms. Grigsby stated that, based on financial proformas assembled by KPMG and Tartan Golf Company, the only way to cover operating and debt service for the course is to establish fees as proposed in the agreement. Lowering the fees would require the City to subsidize the cost of construction of the course. Mr. McCash stated that if Tartan builds and manages the course, the City could still opt to subsidize the. greens fees to a greater extent for residents in the future. This. would be more economical for the City versus issuing debt and constructing the course. Mr. Hansley responded that to subsidize the resident rate over and above a 25 percent discount from the market rate does not make sense. The City has paid a consultant to determine that the market exists for this type of course in Dublin. Tartan Golf Company is afor-profit company and assumes that the market will support the greens fees charged to offset the construction and operation costs for this course. RECORD OF PROCEEDINGS ...~~.,~~~,....~.M.m~.M~._~A......~~H....H.o;Man~tes~f ,~,~~pv~...~,~.~..~...~...~.~~...~d..~~.~,a~~~A.~..~~,o.~..~~,.~...~..~..~~~,~.~,.~~.~.~.,.~Am~w~..~v~,~.~.~H~.,~.~~~~_~,.~~.~_~.._~.~....~~,~~,~.~.~A._r.. M~~t~ng._,..w~,~~,..4~m Dublin City Council. Meeting Page 9 Held ctnhP,r 1~2Q,QQ , (YEAR) Ms. Grigsby stated that the industry literature staff has reviewed indicates that 15 to 18 percent of the local residents would be the users of the facility. A consideration for the City would be that any subsidy provided by the City would benefit not all taxpayers of the City, but only the select group that uses this facility. Mr. Hansley added that the main goal of the City with this venture has always been to improve the quality of development in the southwest, and this goal will be realized with the construction of this high quality, residential golf community. Beyond that, if another goal is to make a profit on the golf course, staff has recommended that this responsibility be shifted to the private sector where they will assume the risk as well as the future profit. Mayor Kranstuber stated that, under this arrangement, at some future point the golf course developer will have the debt paid off and the project will be profitable. If this project were being constructed and operated by the City, however, a future Council could at that point lower the greens fees. Mr. Hansley stated that if the issue is construction and operation of the course by the City to make the rates affordable for the residents, the first step would likely be to lower the quality of the golf course. As Mr. Bruff pointed out, there is much competition to attract golfers in that price range. Mr. Stevens noted that a lower greens fee will generate more rounds of golf and the quality of the course will decrease due to the amount of foot traffic on the course. Mayor Kranstuber summarized that his preference may well have been for the City to construct and operate the course. However, in light of the fact that only 15 to 18 percent of the users will be Dublin residents, he does not believe that providing a more substantial discount to residents would have a large impact on their bottom line. Mr. Peterson pointed out that if the fees are deeply discounted for residents, the percentage of resident users of the course may in fact increase, due to the lower cost. Carey Campbell, Chief Financial Officer, Tartan .Golf Company stated that he has a background in real estate appraisal, feasibility, and market studies around the country. In terms of discounts, if Dublin residents were given a higher discount, outside users may be alienated. The discounts offered for local residents are in line with other similar ventures nationwide. The key issue is the cost to build a golf course in today's market versus the cost of one built 25 or 30 years ago. Most municipal courses in the country have cinder block clubhouses, very little maintenance, no differentiation ofgrass, overgrown bunkers, all of which do not appeal to a residential community such as Dublin. A high-end residential development cannot be supported around a 60,000 rounds per year public, municipal golf course with low greens fees. The competition in the market is courses such. as Bent Tree, and the goal is to provide a good quality, playable course at a fair price. Mayor Kranstuber stated that he has two other concerns: regulation of the discount for residents to ensure that only residents are given the discount, and that the discount will be off of the published rate. In other words, he wants to ensure that Dublin residents are guaranteed a discount off of the rate actually being charged. What is the motivation for Tartan Golf Company to ensure that residents are given the discount that they are entitled to under this agreement? Mr. Campbell responded that Tartan Golf Company will be bound by the agreement and will enforce the agreement with their policies. Their goal is not to offer discounted rates to all who use the course; that would defeat their desire to maximize the revenue which will be used to maintain the course. There is only so much capacity on the course, and it is in Tartan's best interests to set greens fees fairly. In response to Mayor Kranstuber, Mr. Campbell affirmed that the discount rate for Dublin residents would be off of the published rates, or from whatever rates are applicable at that time, whether it is evenings oroff-season. __.~A.._ ~...m~~.~.~,, RECORD OF PROCEEDINGS v.,.~~._~~..w~~.~..~~~..._:.~n.H...,~ai.~a~t~s N....w~~...~ti...~w~~eti...,~~~..~u~~o.~,~v~..~a.,._~~a~„tiav~~4r~_~~,.~~..~,~,.,~~~v,.~~~,~:.~....~...,~.~~.~,~,..M4.,,.~~n~o~uM.wm~,.,~~,..,~eaw4~„a,~.,~.~..-~,~~~~„~.~r.~, w,..M~~ti.~g.~..~.~..,~~~.n. Dublin City Council Meeting Page 10 Held nctober 1 ~i, 2n~~ , (YEAR) Mr. Smith pointed out that an annual review of Tartan's business plan is provided for under the terms of the agreement. The City will have access to their operating information and financial information. The City will be able to monitor what rates are being charged and what discounts are offered to Dublin residents via this annual review. Mrs. Boring noted that she agrees with Mr. Jenkins, in that she viewed this primarily as a municipal course and not as a "public" course. She appreciates the amendment to allow the golf team of Hilliard High School time on the course. There is a non- discrimination clause in the agreement, yet the high school students who live in Dublin and attend private high schools are not provided with the opportunity for their golf teams to use the course. Following lengthy discussion about the potential number of public and private schools which could be attended by students who live in Dublin, it was the consensus of Council that the language be amended to include public high schools serving the residents of Dublin and private high schools located within the Citv limits. Jeff Hayes, attorney, Porter, Wright. representing Tartan Golf Company stated that they agree with the language, "the public high schools serving the residents of Dublin plus the private high schools located within Dublin." Mrs. Boring noted concern with page 17, Section 5.6, where it states that if Tartan falls behind on payment of assessments or taxes, the City will give them an opportunity to bring these current. Is that the intent? Greg Stype, Squires, Sanders & Dempse especial counsel for the City of Dublin stated that the City would have the right, but not the obligation, to make these payments in order to preserve the City's position and situation. Mr. Smith stated that this is standard language to preserve the right of the City to cure and take over. It is not an obligation, but a right. The monies plus interest are still owed by the one who defaults. Mr. Stype noted that any failure to make those payments is at the same time a default under the terms of the agreement. Mrs. Boring asked about Section 4.3B on page 17, specifically in regard to the party who receives the maintenance and repairs fund balance at the end of the lease. Mr. Stype responded that any balance remaining in that fund would be the property of Tartan Golf Company, but the fund is not designed to be built up as capital - it is meant to be expended for ongoing maintenance. Mr. Smith added that on a yearly basis, the City reviews the operations of the course and maintenance would be one of the items routinely addressed. Mrs. Boring asked about the blank on page 5 in regard to the deductible amount for insurance. Mr. Smith stated that this amount will be determined by staff, after review by the City's Risk Manager. Mrs. Boring noted that she was surprised that Tartan Golf Company, a relatively new company, has submitted to construct and operate this facility. Mr. Bruff stated that Tartan seems to be in a unique situation and sees the benefit of growing their company in close proximity with their current operation. Mrs. Boring stated that she has had some calls expressing concern about their track record. Mr. Bruff stated that in his review, he looks at specific items -the clubhouse size and appearance, the condition of the course, the food and beverage operation, the pool, the ancillary facilities -all were done well and were operating smoothly. Mr. Campbell stated that he has worked in this industry for 20 years, as have others in their group, and they have the background and experience necessary. Tartan Fields was developed in the last five years. Their business is golf, and financial feasibility is the basis for their business decisions. They are building awell-designed golf course that is RECORD OF PROCEEDINGS ~N~.4~~..._A.m_....~,..~µ..~~..,~e~.,,~:.~~LYdi.~~s~sa~ w..~.~.~w.w~..r.H..r~.,~.~a.~~„on.w..,ti~~~_w~w,..u„~na~o~..m~~w_.~mv,.~„~b..,~~,nw.,~~..~A_m~.~~rµ..~.m,~w.H~~.~_.-.~w.Mw.,~,.-~,,~~,~..~a-_,~~,~.~,..~~.~w~~~w~~;..u.~~~~i~g,M.,..,~v.~v.....A.~ Dublin City Council Meeting Page 11 Held Octcher t ~i, 2~~~ , (YEAR) playable, that is priced reasonably, with an efficient clubhouse, and with good architecture. Mrs. Boring asked if corporate outings have been considered for this club? Mr. Smith responded that there has been discussion about Dublin corporate outings, but not corporate memberships. Mr. Campbell stated that Tartan Fields has worked with corporations in the area for the past five years and enjoys an excellent rapport with them. They will work to make this a community course for the citizens and an amenity which will attract businesses to Dublin as well. In response to Mayor Kranstuber, Mr. Smith stated that staff will provide an amended copy of the agreement to Council after the amount of the deductible is determined, with the change to a 60-day period for right of first refusal, and the language added re private schools. Staff is requesting passage by emergency in order to meet the timetables for the project. The Edwards Companies has delivered to him the deeds to the property. The project is to open in July of 2002. Mrs. Boring noted that while Council has been supportive of the concept to improve the development quality of the southwest, she feels that Council was "put into a box" with this proposal in terms of the inability to control the fees into the future. She does not believe the fees are reasonable for the average Dublin person, and the 40-year lease is too long. Mr. Adamek stated that he views this project as a "win/win" for the City. It not only enhances the southwest area, but the entire City. He never imagined that such a proposal would have come forward to finance, construct and operate this course. Mr. Edwards has purchased $7 million of land, and the City is purchasing this from him at $1.5 million, and turning it around to a company to build and operate it at their cost of somewhere between $8 and $10 million. For the City's investment of $1.5 million, this is an outstanding deal for the citizens of the community. Thanks to staff for all of their efforts in meeting the timetable. The KPMG report was very succinct and to the point, and he appreciates the fact that Tartan Golf Company has negotiated in good faith throughout this process. Mike Jenkins, 5588 Caplestone Lane stated that with rates at this level, this course is neither a municipal nor a public course. It is instead a private course for people who can afford it, and he believes this is wrong. Mayor Kranstuber moved for emergency passage. Mr. Peterson seconded the motion. Vote on the motion - Mr. Adamek, yes; Mayor Kranstuber, yes; Mr. Reiner, yes; Ms. Chinnici-Zuercher, yes; Mr. Peterson, yes; Mrs. Boring, no; Mr. McCash, yes. Vote on the Ordinance - Mr. McCash, yes; Mrs. Boring, no; Mr. Peterson, yes; Ms. Chinnici-Zuercher, yes; Mayor Kranstuber, yes; Mr. Adamek, yes; Mr. Reiner, yes. At this point, Mr. McCash was excused from the meeting due to an out of town family commitment. He noted that Ms. Chinnici-Zuercher will provide a report on the Finance Committee recommendations for the hotel/motel tax grants. Ordinance 120-00 - An Ordinance Approving a Tax Credit and Economic Development Agreement with American Systems Consulting, Inc. and Authorizing, Confirming and Ratifying the Execution of the Agreement. Vote on the Ordinance - Ms. Chinnici-Zuercher, yes; Mayor Kranstuber, yes; Mrs. Boring, yes; Mr. Peterson, yes; Mr. Adamek, yes; Mr. Reiner, yes. Ordinance 121-00 - An Ordinance Approving a Tax Credit and Economic Development Agreement with Foresight Corporation and Authorizing, Confirming and Ratifying the Execution of the Agreement. Mr. Stevens asked that this ordinance title and language be amended to change Foresight T ~ d RECORD OF PROCEEDINGS Mita~te~s~o~_e_~,o~~,,~.~,v~_o.~~„~.~a,~y_~~,~~„Dublin Ci ,a~.,.Cou ~~~o~w~~,.~u~.,,~,,._„~.~.,o~~arw..~,v~~.Mn..,_,,,~.A.~~,~.~~Am._m~,,~,~,_,~.~,~,oroH..~,a~a,~:~P,.Me~,t~n ty ncil Meeting Page 12 Held (~ct~her 1 fi, ~~nn , (YEAR) Corporation to Tradesite Corporation, based upon research with the Secretary of State's office. The corporation is now registered in the State of Delaware as Tradesite Corporation. They are still eligible for this arrangement under the State of Ohio. Mayor Kranstuber so moved. Mr. Reiner seconded the motion. Vote on the motion -Mayor Kranstuber, yes; Ms. Chinnici-Zuercher, yes; Mrs. Boring, yes; Mr. Peterson, yes; Mr. Adamek, yes; Mr. Reiner, yes. Vote on the Ordinance - Mr. Reiner, yes; Mr. Peterson, yes; Mr. Adamek, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Ms. Chinnici-Zuercher, yes. Ordinance 122-00 - An Ordinance Approving a Tax Credit and Economic Development Agreement with Spata Communications Corp. and Authorizing, Confirming and Ratifying the Execution of the Agreement. Vote on the Ordinance -Mrs. Boring, yes; Mayor Kranstuber, yes; Ms. Chinnici- Zuercher, yes; Mr. Reiner, yes; Mr. Peterson, yes; Mr. Adamek, yes. INTRODUCTION/ FIRST READING -ORDINANCES Ordinance 123-00 - An Ordinance to Establish Section 53.071 of the Dublin Code of Ordinances with Respect to Chapter 53, Stormwater Management, Within Historic (Old) Dublin. (Public hearing/second reading November 6 Council meeting) Mayor Kranstuber introduced the ordinance. Mr. Kindra explained that the references to the zoning code in the previously submitted ordinance have now been eliminated, and thus there is no need to refer it to Planning Commission. Mrs. Boring noted that she has concern with the fact that an applicant could bypass the intent of the ordinance by repeated requests for Stormwater waivers. Mr. Kindra responded that the intent is to allow one-time waivers for the many small businesses in Old Dublin. It helps to streamline the approval process. In order that adjacent properties are not flooded or damaged, staff requires that a professional engineer prepares plans for the expansion of a lot. There will be a public hearing/second reading at the November 6 Council meeting. Ordinance 124-00 - An Ordinance Declaring Certain City Owned Property as Surplus and Authorizing the City Manager to Dispose of Said Property in Accordance with the Ohio Revised Code Section 721.15, and Declaring an Emergency. (Request to dispense with public hearing) Mayor Kranstuber moved to dispense with the public hearing and treat this as emergency legislation. Mr. Adamek seconded the motion. Vote on the motion - Mr. Adamek, yes; Mr. Reiner, yes; Mr. Peterson, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Ms. Chinnici-Zuercher, yes. Vote on the Ordinance -Mayor Kranstuber, yes; Mrs. Boring, yes; Mr. Peterson, yes; Mr. Adamek, yes; Mr. Reiner, yes; Ms. Chinnici-Zuercher, yes. Ordinance 125-00 - An Ordinance Amending Chapter 35 of the Codified Ordinances to Revise the Fee and Service Charge Revenue/Cost Comparison System and Establishing a Schedule of Fees and Service Charges for City of Dublin Services. (Public hearing/second reading scheduled for November 6 Council meeting) Mayor Kranstuber introduced the ordinance. Ms. Grigsby noted that a Finance Committee meeting has been set for this annual review on October 25 at 7 p.m. The list of proposed fee changes will be forwarded to Council prior to the Committee hearing date. There will be a public hearing/second reading at the November 6 Council meeting. Ordinance 126-00 - An Ordinance Enacting and Adopting a Supplement to the Code of Ordinances for the City of Dublin. (Request to dispense with public hearing) Mr. Adamek introduced the ordinance. RECORD OF PROCEEDINGS ~~..~_..~..~v~me...w~m...~~~.awowm.~ ~._.,.~~..~w~~_ ~.i~.~te~~~.~..~,.~..w„_..~v....H~~~P~o._~,~.~,~..~.m~wA~.,~~~..~.o~..~..m~w.~_.~~~,,~v..m~.~~~...~w.~w~,a~,~w.~~mv_-.,_~_~..~..,~,b~.~..~_.~a.~,,.~,~.~.~..~...~.~~~.~r 1~g Dublin City Council Meeting Page 13 Held October 1 f~, 2000 , (YEAR) Mayor Kranstuber moved to dispense with the public hearing and treat this as emergency legislation. Mr. Adamek seconded the motion. r--~ Vote on the motion - Ms. Chinnici-Zuercher, yes; Mr. Peterson, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr. Adamek, yes; Mayor Kranstuber, yes. Vote on the Ordinance -Mrs. Boring, yes; Mr. Peterson, yes; Mr. Adamek, yes; Mayor Kranstuber, yes; Ms. Chinnici-Zuercher, yes; Mr. Reiner, yes. Ordinance 127-00 - An Ordinance Authorizing the City Manager to Execute an Easement to Kevin and Anne Murray of 5988 Brigids Close Drive, and Declaring an Emergency. (Request to dispense with public hearing) Mayor Kranstuber introduced the ordinance and moved to dispense with the public hearing and treat this as emergency legislation. Ms. Chinnici-Zuercher seconded the motion. Vote on the motion - Mr. Reiner, yes; Mr. Peterson, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Ms. Chinnici-Zuercher, yes; Mr. Adamek, yes. Vote on the Ordinance -Mayor Kranstuber, yes; Mr. Reiner, yes; Mr. Peterson, yes; Ms. Chinnici-Zuercher, yes; Mr. Adamek, yes; Mrs. Boring, yes. Ordinance 128-00 - An Ordinance Amending Certain Sections of the City Compensation Plan (Ordinance No. 98-96), and Declaring an Emergency. (Request to dispense with public hearing) Mayor Kranstuber introduced the ordinance and moved to dispense with the public hearing and treat this as emergency legislation. Mr. Adamek seconded the motion. Vote on the motion - Mr. Adamek, yes; Mrs. Boring, yes; Mr. Peterson, yes; Mr. Reiner, yes; Mayor Kranstuber, yes; Ms. Chinnici-Zuercher, yes. Vote on the Ordinance - Mr. Reiner, yes; Mr. Adamek, yes; Ms. Chinnici-Zuercher, yes; Mayor Kranstuber, yes; Mr. Peterson, yes; Mrs. Boring, yes. Ordinance 129-00 - An Ordinance Authorizing the City Manager to Grant a General Right-of--Way Permit to Ameritech. (Public hearing/second reading scheduled for November 6 Council meeting) Mayor Kranstuber introduced the ordinance. Mr. McDaniel stated that under the right-of--way ordinance which was approved a couple of years ago, it is required that various companies providing telecommunications-related services obtain a general right-of--way permit to operate within the right-of--way. This ordinance and the following one are being done as a housekeeping measure, as neither of these have permits in accordance with the Code as written. In the case of Time Warner, they have an existing cable franchise agreement, but they now have fiber optics which can deliver telecommunications. Staff views this as somewhat different than what the franchise allows them to do, and therefore staff recommends that this right-of--way permit be granted. This enables the City to be aware of which companies are operating in the City rights-of--way. There will be a public hearing/second reading at the November 6 Council meeting. Ordinance 130-00 - An Ordinance Authorizing the City Manager to Grant a General Right-of--Way Permit to Time Warner Communications. (Public hearing/second reading scheduled for November 6 Council meeting) Mr. Adamek introduced the ordinance. There will be a public hearing/second reading at the November 6 Council meeting. Ordinance 131-00 - An Ordinance Authorizing the Purchase of a 16.737 Acre Property Located Northeast of the Intersection of Emerald Parkway and Perimeter Drive (Parcel E) and a 5.457 Acre Property Located West of the Intersection of Emerald Parkway and Perimeter Drive (Parcel B) for the Expansion of Coffman Park. (Public hearing/second reading scheduled for November 6 Council meeting) Mr. Adamek introduced the ordinance. There will be a public hearing/second reading at the November 6 Council meeting. i, ad i~ ! ~ ~ i ~T~ ~s~ , RECORD OF PROCEEDINGS .~.~~,.w...,..~,w..~~_~..~..va~,.M~....~..wMi.n~te~.~~.~M..~~.r_....~,.w..~~,~~~~a~..~v,~a~„~~~w..a..~.~H...aw~~,~..~H~~eww..~.,~~H..~.~.~.~.~.~~.~~..~,~~,.~e,~.~w,~w.m~.,µan.AO,~,..~,~_.~~~~a-..m...~v~~~~....~_.~.,~.,~~...Me~ng~..v..q~~..~~. Dublin City Council Meeting Page 14 Held nrt~her 1 f~, ?_M~ , (YEAR) Ordinance 132-00 - An Ordinance Providing for a Change in Zoning for 62.7 Acres Located West of I-270 and North of Woerner-Temple Road, from: PCD, Planned Commerce District, to: PCD, Planned Commerce District. (Thomas/Kohler Subarea A -Text Revision/File No. 00-1062) (Public hearing will be scheduled upon receipt of recommendation from Planning & Zoning Commission) Mrs. Boring introduced the ordinance and moved referral to Planning & Zoning Commission. Mr. Adamek seconded the motion. Vote on the motion - Ms. Chinnici-Zuercher, yes; Mr. Peterson, yes; Mr. Adamek, yes; Mrs. Boring, yes; Mr. Reiner, yes. Ordinance 133-00 - An Ordinance Providing for a Change in Zoning for 17.014 Acres Located on the South Side of Shier-Rings Road, 2,100 Feet West of Avery Road, from: R, Rural District, to: PCD, Planned Commerce District. (Dublin Service Center/File No. 00-1042) (Public hearing will be scheduled upon receipt of recommendation from Planning & Zoning Commission) Mrs. Boring introduced the ordinance and moved referral to Planning & Zoning Commission. Mr. Adamek seconded the motion. Vote on the motion - Ms. Chinnici-Zuercher, yes; Mr. Adamek, yes; Mr. Peterson, yes; Mr. Reiner, yes; Mrs. Boring, yes. Ordinance 134-00 - An Ordinance Providing for a Change in Zoning for 15.54 Acres Located on the East Side of Perimeter Loop, Approximately 1,000 Feet Southeast of the Intersection of Perimeter Drive and Avery Road, from: PCD, Planned Commerce District, to: PCD, Planned Commerce District. (Perimeter Center Subarea F - 6652 Perimeter Loop Road/File No. 00-1002) (Public hearing will be scheduled upon receipt of recommendation from Planning & Zoning Commission). Mrs. Boring introduced the ordinance and moved referral to Planning & Zoning Commission. Mr. Adamek seconded the motion. Vote on the motion - Mr. Adamek, yes; Mr. Peterson, yes; Mrs. Boring, yes; Ms. Chinnici-Zuercher, yes; Mr. Reiner, yes. Ordinance 135-00 - An Ordinance Authorizing the Purchase of a 2.644 Acre Parcel Located at 6501 WoernerTemple Road for the Purpose of Acquiring Additional Park Land, and Declaring an Emergency. (Request to dispense with public hearing) Mr. Adamek introduced the ordinance. Mrs. Boring moved to dispense with the public hearing and treat this as emergency legislation. Mr. Peterson seconded the motion. Vote on the motion - Mr. Reiner, yes; Mrs. Boring, yes; Ms. Chinnici-Zuercher, yes; Mr. Peterson, yes; Mr. Adamek, yes; Vote on the Ordinance - Mr. Peterson, yes; Ms. Chinnici-Zuercher, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mr. Adamek, yes. Ordinance 136-00 - An Ordinance Providing for the Issuance and Sale of Bonds in the Maximum Principal Amount of $1,360,000 for the Purpose of Paying Costs of Acquiring a Facility and Related Site for Use as a Center for the Arts, Together with all Necessary Appurtenances, and Declaring an Emergency. (Request to dispense with public hearing) Mrs. Boring introduced the ordinance, moved to dispense with the public hearing and treat as emergency legislation for the public health, welfare and safety. Mr. Peterson seconded the motion. Vote on the motion - Ms. Chinnici-Zuercher, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr. Peterson, yes; Mr. Adamek, yes. Vote on the Ordinance - Mr. Adamek, yes; Mr. Peterson, yes; Ms. Chinnici-Zuercher, yes; Mrs. Boring, yes; Mr. Reiner, yes. RECORD OF PROCEEDINGS ~w.~.,~,..M~,~e.~~.~...~~~...~m,~.,~~M~au ~ ,.~~._~~.M.~._...~~.,~...~.,~~,.o~~...,.~~~..~wona~,~w~r~„~,v~~~.,.-A.~,..~N,~.~_~v~~a~.. .~~~a,~..ma.~w.~.A,.....~~,.~.~~.~.~4omw_~...,.w~~_.,-~~~~..~w.~~~~~.~.~M~~tng,,a4...a4w,w,.a,~.., .Dublin City Council Meeting Page 15 Held (~ctoher 16r?0~~ , (YEAR) Ordinance 137-00 - An Ordinance Providing for the Issuance and Sale of Bonds in the Maximum Principal Amount of $2,020,00 for the Purpose of Paying Costs of Constructing Emerald Parkway from Shier-Rings Road to Innovation Drive as a Four Lane Boulevard, Including Grading, Paving with Curbs and Gutters, Installing Related Storm and Sanitary Sewers and Waterlines, Sidewalks, Bikepaths, Street Lights, and Traffic Signalization, Landscaping, and Acquiring Real Estate and Interests in Real Estate Therefore, Together with All Other Necessary Appurtenances, and Declaring an Emergency. (Request to dispense with public hearing) Mrs. Boring introduced the ordinance, moved to dispense with the public hearing and treat as emergency legislation for the public health, welfare and safety. Mr. Peterson seconded the motion. Vote on the motion - Mr. Reiner, yes; Ms. Chinnici-Zuercher, yes; Mrs. Boring, yes; Mr. Peterson, yes; Mr. Adamek, yes. Vote on the Ordinance - Mr. Peterson, yes; Mr. Reiner, yes; Ms. Chinnici-Zuercher, yes; Mrs: Boring, yes; Mr. Adamek, yes. Ordinance 138-00 - An Ordinance Providing for the Issuance and Sale of Bonds in the Maximum Principal Amount of $3,135,000 for the Purpose of Paying Costs of Acquiring Real Estate and Interest. Therein for Parks and Recreation and All Other Necessary Appurtenances, and Declaring an Emergency. (Request to dispense with public hearing) Mr. Adamek introduced the ordinance. Mrs. Boring moved to dispense with the public hearing and treat as emergency legislation for the public health, welfare and safety. Mr. Adamek seconded the motion. Vote on the motion - Mr. Adamek, yes; Mr. Peterson, yes; Ms. Chinnici-Zuercher, yes; Mr. Reiner, yes; Mrs. Boring, yes. Vote on the Ordinance - Ms. Chinnici-Zuercher, yes; Mrs. Boring, yes; Mr. Adamek, yes; Mr. Peterson, yes; Mr. Reiner, yes. Ordinance 139-00 - An Ordinance Providing for the Issuance and Sale of Bonds in the Maximum Principal Amount of $3,535,000 for the Purpose of Paying Costs of Improving Rings Road from Interstate 270 to Frantz Road, by Constructing Four Lanes of Boulevarded Pavement with Curb and Gutter, Storm Sewer, Bikepath, Sidewalk, Street Lights, and Traffic Signals and Turn Lanes at the Intersection of Paul Blazer Parkway and Rings Road, Frantz Road and Rings Road, and Paul Blazer Parkway and Parkcenter Drive, and All Other Necessary Appurtenances, and Declaring an Emergency. (Request to dispense with public hearing) Mr. Adamek introduced the ordinance. Mrs. Boring moved to dispense with the public hearing and treat this as emergency legislation for the public welfare, health and safety. Vote on the motion - Mr. Adamek, yes; Mr. Peterson, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mayor Kranstuber, yes; Ms. Chinnici-Zuercher, yes. Vote on the Ordinance - Mr. Reiner, yes; Mayor Kranstuber, yes; Ms. Chinnici- Zuercher, yes; Mr. Peterson, yes; Mr. Adamek, yes; Mrs. Boring, yes. Ordinance 140-00 - An Ordinance Providing for the Issuance and Sale of Bonds in the Maximum Principal Amount of $3,940,000 for the Purpose of Paying Costs of Improving/Constructing Perimeter Drive from Its Current Western Terminus to the U.S. Route 33/S.R. 161 Interchange, Including the Realignment and Reconstruction of Post Road for its Intersection with Perimeter Drive, Constructing Perimeter Loop Road from its Intersection with Perimeter Drive to its Current Westerly Terminus and Improving the Intersections of Avery-Muirfield Drive with Perimeter Drive, Perimeter Loop Road and Post Road, Including Grading, Paving with Curbs and Gutters, Installing Related Storm and Sanitary Sewers and Waterlines, Sidewalks, Bikepaths, Street Lights, and Traffic Signalization, Landscaping, and Acquiring Real Estate and Interests in Real Estate Therefore, Together with All Other Necessary Appurtenances, and Declaring an RECORD OF PROCEEDINGS v....~....4~_....~...wo~.,N,w~~,:.~A.,4,.,v.~.Minutc ~£a~~.n.v.,~..,~...~~.~...,.....Md,~,,..P~,~~~.o~.....4..~~.~..~~~o_~.~..~av..m~M~.,ww_~.~o..~.~..~.~~~~va~.~..~,.,~...~w,~~..~.~~~..~,.a~~.~.v.mA~~,w~b~~_~~,~.,_~~....~w.~aa~~,.M~~tbag~~.~.~.~.~,~ Dublin City Council Meeting Page 16 Held nctoher 1 fi, 2~(1~ , (YEAR) Emergency. (Request to dispense with public hearing) Mr. Adamek introduced the ordinance. Mrs. Boring moved to dispense with the public hearing and to treat this as emergency legislation for the public health, safety and welfare. Mr. Peterson seconded the motion. Vote on the motion - Ms. Chinnici-Zuercher, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mayor Kranstuber, yes; Mr. Peterson, yes; Mr. Adamek, yes. Vote on the Ordinance - Mr. Peterson, yes; Mayor Kranstuber, yes; Ms. Chinnici- Zuercher, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mr. Adamek, yes. Ordinance 141-00 - An Ordinance Providing for the Issuance and Sale of Bonds in the Maximum Principal Amount of $5,555,000 for the Purpose of Paying Costs of Improving the Vehicular Transportation System in the City by Constructing, Reconstructing, Extending, Opening, Improving, Widening, Grading, Draining, Curbing and Changing the Lines of Municipal Roads, Highways, Streets, Bridges, Sidewalks, Bikeways and Viaducts, Acquiring Real Estate and Interests in Real Estate Therefore, and Providing Lighting Systems and All Other Necessary Appurtenances, and Declaring an Emergency. (Request to dispense with public hearing) Mr. Adamek introduced the ordinance. Mrs. Boring moved to dispense with the public hearing and to treat this as emergency legislation for the public health, safety and welfare. Mr. Peterson seconded the motion. Vote on the motion - Ms. Chinnici-Zuercher,'yes; Mr. Reiner, yes; Mayor Kranstuber, yes; Mr. Adamek, yes; Mr. Peterson, yes; Mrs. Boring, yes. Vote on the Ordinance -Mayor Kranstuber, yes; Mr. Adamek, yes; Mrs. Boring, yes; Ms. Chinnici-Zuercher, yes; Mr. Reiner, yes; Mr. Peterson, yes. Ordinance 142-00 - An Ordinance Providing for the Issuance and Sale of Bonds in the Maximum Principal Amount of $6,565,000 for the Purpose of Paying Costs of Improving the Vehicular Transportation System in the City by Constructing, Reconstructing, Extending, Opening, Improving, Widening, Grading, Draining, Curbing and Changing the Lines of Municipal Roads, Highways, Streets, Bridges, Sidewalks, Walkways, Bikeways and Viaducts, Acquiring Real Estate and Interest in Real Estate Therefore, and Providing Lighting Systems and All Other Necessary Appurtenances, and Declaring an Emergency. (Request to dispense with public hearing) Mr. Adamek introduced the ordinance. Mrs. Boring moved to dispense with the public hearing and treat this as emergency legislation for the public health, safety and welfare. Mr. Adamek seconded the motion. Vote on the motion - Ms. Chinnici-Zuercher, yes; Mayor Kranstuber, yes; Mr. Reiner, yes; Mr. Peterson, yes; Mr. Adamek, yes; Mrs. Boring, yes. Vote on the Ordinance - Ms. Chinnici-Zuercher, yes; Mr. Adamek, yes; Mr. Peterson, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mayor Kranstuber, yes. Ordinance 143-00 - An Ordinance Providing for the Issuance and Sale of Bonds in the Maximum Principal Amount of $755,000 for the Purpose of Paying Costs of Renovating the Arts Facility and Related Site for Use as a Center for the Arts, Together with All Necessary Appurtenances, and Declaring an Emergency. (Request to dispense with public hearing) Mr. Adamek introduced the ordinance. Mrs. Boring moved to dispense with the public hearing and to treat this as emergency legislation for the public health, safety and welfare. Mr. Peterson seconded the motion. Vote on the motion - Mr. Reiner, yes; Mayor Kranstuber, yes; Mrs. Boring, yes; Mr. Adamek, yes; Mr. Peterson, yes; Ms. Chinnici-Zuercher, yes. Vote on the Ordinance - Mr. Peterson, yes; Ms. Chinnici-Zuercher, yes; Mr. Reiner, yes; Mayor Kranstuber, yes; Mrs. Boring, yes; Mr. Adamek, yes. RECORD OF PROCEEDINGS Ma.n~~s o~.,~nv~,.,~,,,.~m~,,.~,~w,_~,m~.~.,~v~.~,w,,.~~oNwP.~~~~,~.~~_e.~~.~.~„~.,.~,,~..w,~,.~,.~~.~~u,~..~~„~~p~,,.~~„~mN~,~~~~~.~.~~n~~.o~.,_~~,.4,~,aw.,~~ao. ~~~,~~a~~Qgm„m4 ~ Dublin City Council Meeting Page 17 ~ g"e'~~~p" Held (~ct~her 1 h, ~.n~(1 , (YEAR) I Mrs. Boring noted that all of these bond issuances reaffirm the City's commitment to improving the roadway system and the parks. She complimented Ms. Grigsby for her hard work on these issuances. Mr. Hansley asked Ms. Grigsby to provide an update on the City's recent bond rating review. Ms. Grigsby stated that on Friday, Moody's Investment Services provided the City with their draft report for an upgrade to a "AAl"with positive outlook rating. This is within half of a step toward a "AAA" rating. Currently, there is only one "AAA" rated suburban community in the state of Ohio, Westlake. Dublin is the fourth suburban community to achieve "AA1". Hopefully, at the next review, the City will achieve its goal of "AAA". Ordinance 144-00 - An Ordinance Authorizing the Renovation of Office Space within the Division of Planning, and Waiving Competitive Bidding Procedures. (Public hearing/second reading November 6 Council meeting) Mayor Kranstuber introduced the ordinance. There will be a public hearing/second reading at the November 6 Council meeting. INTRODUCTION & PUBLIC HEARING Resolution 45-00 - A Resolution in Appreciation of the Donation of a Bikepath Easement by Joseph and Wendy Harian. Mayor Kranstuber introduced the resolution. He noted that the Harians could not be present tonight due to a family obligation. He asked that the Clerk have this framed and forwarded to them at a later date. Vote on the Resolution - Mr. Adamek, yes; Mrs. Boring, yes; Mr. Peterson, yes; Mr. Reiner, yes; Mayor Kranstuber, yes; Ms. Chinnici-Zuercher, yes. ° ~ OTHER Finance Committee recommendations for hotel/motel tax g_ants Ms. Chinnici-Zuercher reported the recommendations of the Finance Committee in the absence of Chair McCash. The Committee recommends funding of $4,000 for the Southeastern Great Lakes Fi.. u~re Skatin e Ms. Chinnici-Zuercher moved adoption of the Committee's recommendation. In response to Mayor Kranstuber, she noted that the vote at the Committee was 2-0 with Mr. McCash abstaining. Mr. Peterson seconded the motion. Vote on the motion - Mr. Adamek, yes; Mr. Peterson, yes; Ms. Chinnici-Zuercher, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mayor Kranstuber, yes. Ms. Chinnici-Zuercher moved adoption of the Committee's recommendation for Vintage Columbus of funding one-half the actual cost of City services, not to exceed $10,000 and a waiver of the actual rental fees for City-owned equipment not to exceed $3,225. An additional stipulation is that the name of the festival be changed to "Vintage Wine Festival in Dublin, Ohio" with all references to Columbus removed from all communications. Mr. Reiner seconded the motion. Mrs. Boring noted that the first year, the Committee recommended approval of their request with the stipulation that they become self-sufficient in future years. Then, funding was provided again last year. She wonders why a third year of funding is now being considered. Mr. Adamek noted that he served on the Finance Committee during the two previous years in which they were funded. This year's grant is less than last year's and is allocated for the most part for City services. He sees this as a step in reducing their total reliance upon City funding. Mr. Reiner noted that the vote by the Committee was unanimous in favor of the recommendation. Vote on the motion -Mayor Kranstuber, yes; Mr. Adamek, yes; Ms. Chinnici-Zuercher, yes; Mrs. Boring, no; Mr. Reiner, yes; Mr. Peterson, yes. t I I 1-1. 1 :1 ':I I I:I I-'.I ~ I.. I RECORD OF PROCEEDINGS ..Min~~~ ~z~~~..,w~~~.,.~~~.~..~N.,wv~H~~H,~H~,4~,.~..o~A.r,.~..~N....~~.~a....~,:..~ ..,~~..ww., ~.~.~M_..~,.m.,..~...~....,___....~.-~,.~....~e.,.-_~~~~...~.~._~~~.~~~.~~..~m~mH.o~.~.~ta,~ .~~..r.....wM.~~~~HP~,~.o~.~o..H.~, g..~..~o,~.._...~.. Dublin City Council Meeting Page 18 Held O.ct~ber 16x20.(10 (YEAR) Ms. Chinnici-Zuercher noted that the Old Dublin Association has requested a grant of $2,600 for banners for the Old Dublin area. A representative of Community Relations was present at the meeting and indicated that the funding for these banners will be included in the division's operating budget for 2001 so there was no need to consider this request for bed tax funding. Ms. Puskarcik noted that funding for Old Dublin Association banners is not presently included in the division's budget, contrary to what may have been represented at the meeting. The division is requesting funds in the 2001 operating budget for banners, but these funds are not for outside organization's banners. Ms. Chinnici-Zuercher noted that the Finance Committee will then have to meet again at some point to readdress this application due to the incorrect information. Mr. Reiner noted that there was previous funding of $6,500 in the budget for the Old Dublin Association signage. This has not yet been utilized. Mrs. Boring stated that these funds were intended for permanent directional signage for Old Dublin, not for banners. Ms. Puskarcik noted that the Old Dublin Association has requested permission for banner placement at the corners of Bridge and High and has not yet received permission to do so. The Community Relations division suggests that ODA go through the Old Dublin Task Force with this type of request. There are aesthetic issues which need to be considered in conjunction with using the corner locations for banners. Ms. Chinnici-Zuercher summarized that when staff has resolved these issues, the ODA could then come back to the Finance Committee for reconsideration. Ms. Chinnici-Zuercher moved approval of the Committee's recommendation to deny the request for funding for the Ice Skating Institute. The Committee vote was 3-0. Mrs. Boring seconded the motion. Vote on the motion -Mayor Kranstuber, yes; Mr. Adamek, yes; Mr. Peterson, yes; Ms. Chinnici-Zuercher, yes; Mrs. Boring, yes. Ms. Chinnici-Zuercher reported that the Wellington Place subdivision has requested $80,000 to bring the subdivision entrance up to Code in some areas, as well as to enhance the scenic nature along Brand Road. After discussion, the Committee felt that the City should participate in this project, but not with bed tax funds. The suggestion was to use funds from the Tree Preservation fund.. Subsequently, she has learned that there are not adequate funds in that account to cover this project. She asked Ms. Grigsby for input on possible funding sources for this project. Ms. Grigsby responded that staff is currently reviewing the proposed budget for 2001 which will be submitted to Council shortly. This project can be considered in the context of the overall operating budget, if that is the desire of Council. Mayor Kranstuber asked if the Wellington subdivision representatives are aware that the Committee is not recommending bed tax funding for this project. Ms. Chinnici-Zuercher responded that the homeowners were made aware of this, and that the Finance Committee is further recommending that the City fund this by other means. If Council does not want to fund this project in the operating budget, it could certainly be reconsidered for funding out of bed tax funds. Ms. Grigsby asked if there was any discussion of phasing this project over two or three _ years. Ms. Chinnici-Zuercher responded that this was discussed, as well as the neighborhood doing some of the work to lower the costs of the overall project. Mr. Adamek asked for clarification about why this area is not Code compliant. Ms. Chinnici-Zuercher stated that the detention ponds at the entry serve other areas as well, and landscaping was never installed. In other areas, the neighborhood would like to enhance the landscaping which fronts along Brand Road, designated as a scenic roadway in the Community Plan. The neighborhood has met with the developer many times to try to resolve the outstanding issues, but without success. The neighborhood has retained a landscape architect who has drafted a plan for them. A large portion of the project relates to landscaping around the detention ponds. ~ i ~ uFi RECORD OF PROCEEDINGS. .~....~...~ti.~.mti..._.~.~..~o,.~...~..~~..wM.,,Maas;u~s~~.~~,~~er.~..~w~........_~~~.~..~~.~...~~..~,-...,_~,~H,~o.~~~,..,wv~~.,~,~,ro.,~,.~.o_o._~~w.~,.,~P.,v..m4....~.o~_,~_..~~.,w.-..~.~~.4..~.~..~4.M~M~,.~,.~~~,.,~,.~„a~.~a.~M~~Ia,~g.w,.roo.~~.~.,~,. Dublin City Council Meeting Page 19 .Held (~ctnher 1 fi, ~~(ln , (YEAR) Mr. Adamek asked staff how the City ensures that the developers follow through on the commitment for entry features, etc. In addition, if the Code requires landscaping around detention ponds, how is this typically handled? Ms. Clarke responded that there are no landscaping requirements around detention ponds, and there is no entry feature landscaping requirement. City requirements include street trees, screening of parking lots, trees in and around parking lots, and foundation plantings around commercial buildings. Ms. Chinnici-Zuercher stated that the homeowners were told by staff that the entryway did not meet Code requirements. Ms. Clarke clarified that the only requirement along the entryway would have been for street trees. When the homeowners' association spoke with her about their efforts to obtain better screening or buffering along the roadway, they pointed out other subdivisions where the landscaping is much more extensive. However, there is no Code requirement requiring that a subdivision be screened from a public street. Mr. Smith noted that Mr. Adamek's question actually relates to a developer agreeing to a condition as part of the final plat approval. Mr. Adamek stated that if the developer agreed to a condition as part of the plat approval, there should be accountability. Mrs. Boring noted that staff has been unable to verify the commitment from the minutes. Ms. Chinnici-Zuercher stated that staff reported to the Committee that the developer has done what he agreed to do, but the subdivision residents believe that the final landscaping is very insufficient. Mr. Adamek asked if this item will be brought back as part of the budget presentation? Ms. Grigsby responded that if Council is seeking another source of funding for this, it would have to be considered in the context of the annual operating budget. Mr. Hansley added that staff at this point does not plan to propose landscaping entryways to private subdivisions or around detention ponds as part of the budget. If Council wants to amend the budget to do so, that would be another matter. Ms. Chinnici-Zuercher noted that her concern is that a City planner/landscape architect was working with the subdivision representatives on this matter and was present at the meeting. This seems to imply that the City is endorsing this application. Mr. Hansley responded that as part of the commitment to customer service, City staff provides assistance to applicants for bed tax. It does not mean that the City staff is advocating funding from bed tax. Mrs. Boring stated that this homeowners group reviewed the Community Plan, the southwest area, the "Road to Wow" program, and determined that the Brand Road corridor is not up to the level being required for other areas or being funded in other ways by the City. Mr. McDaniel pointed out that he and Mr. Hahn met with the Wellington Place residents over a year ago to clarify the items which were City responsibility versus civic association/developer responsibilities. For the reserve areas which are City-owned, staff indicated that the City would be willing to contribute a dozen or so trees, understanding that these trees would be maintained by the civic association. In view of the testimony tonight, Ms. Chinniei-Zuercher indicated that the Finance Committee has a responsibility to meet with the Wellington Place representatives and the appropriate City staff to determine what portion of the proposal is the responsibility of the City and what is not. The residents were encouraged by City staff to seek bed tax funding for this project. Mr. Reiner stated that the Committee. was concerned with setting a precedent in this case. The Committee felt that a more appropriate funding source was the Tree Preservation fund. In terms of undertaking a master plan for this subdivision, there may not be adequate funds to do this. In any case, Council must respond to them, as it is an eyesore along Brand Road and has always appeared incomplete. Mr. Adamek commented that Council in recent years has required that a mandatory homeowners' association be created to ensure that the landscaped areas are maintained in the future. The City does maintain the detention ponds because of the problems which can result if they are not maintained properly by the civic associations. RECORD OF PROCEEDINGS ~~..w~...w,~..tiw,~m_....,.,~,~..~.~.ao.~.~1%[i.tca ~~~~~~....v..~v._.o..~~~~,~..m~.~ud,~.o~.,~.~w.,.~..~av,_v~~N.,~.m~~~w~_uv~..a~.,~,~.~.~.~,.,,.~,.,~u~.a,,,~.~~~mw~,w~~,.,~,..PMU.~~.~.,~..4..aro_~...~....,..~~...~.4...r_.~~..,.~~,w~~~nw~,.~~w.m„~~ ~~tg~~_o~..~.,vomv..~. Dublin City Council Meeting Page 20 Held October 1 h, 2~~~ , (YF,AR) Funding this landscaping project with bed tax dollars would result in many other civic associations applying for grants as well. Mrs. Boring noted that the residents were told that the detention ponds in their area actually serve areas outside of Wellington Place. Mr. Hahn stated that these detention ponds serve Wellington/Sheffield only. Ms. Chinnici-Zuercher summarized that all of the appropriate staff should meet with the residents to discuss the issues raised tonight. Final Plat -Belvedere Ms. Clarke stated that this final plat is consistent with the preliminary plat. Mrs. Boring commented that the utility providers should be noted on the plat before it is recorded. Ms. Clarke stated that this will be done. Mayor Kranstuber moved approval of the final plat. Mr. Adamek seconded the motion. Vote on the motion -Mrs. Boring, yes; Ms. Chinnici-Zuercher, yes; Mr. Reiner, yes; Mayor Kranstuber, yes; Mr. Adamek, yes; Mr. Peterson, yes. Discussion of Improvements for Historic Dublin Mr. Adamek summarized that tonight's discussion was to focus on the report provided by Engineering in the last packet in order to bring some closure on the recommendations. Mayor Kranstuber asked if this should be sent back to the Task Force. Mr. Adamek suggested that the Community Development Committee review the Engineering and R.D. Zande recommendations, as the Task Force has completed what was assigned to them. This report addresses the aesthetics as well as infrastructure items needed. None of the items are programmed into the CIP at this point, and much of it is conceptual. Mrs. Boring noted that some of the items are more urgent, i.e., crosswalks, flashers, etc. She was surprised with the high price of the overall recommendations. Mr. Peterson stated that Council needs to determine what the long-range plan should be in order to begin phasing in the plan. It will be more expensive to do short-term improvements which will be torn up later. He agrees with having the Committee review the recommendations of Engineering and R.D. Zande. Al Gleine, owner of Ha'benn~ge, Old Dublin stated that he and his wife have been patiently awaiting action on the recommendations of the Revitalization Task Force. At this point, Council needs to make some commitment to Old. Dublin. If it is indeed the focal point of the City, as often stated, money needs to be spent to implement a plan. He clarified that he is a tenant of Old Dublin, not a property owner, and the success of his business depends upon traffic coming to Old Dublin. It's time to do something. Mayor Kranstuber suggested that the Committee meet in the next couple of weeks to review the recommendations. It was the consensus of Council to refer this to the Committee. A meeting was set for Wednesday, November 1 at 7 p.m. in Council Chambers. r.--, Council Round Table/Committee Reports Ms. Chinnici-Zuercher noted that: 1. Information was sent to Council regarding options for improving the safety along the bikepath portion on Dublin Road, south of Coventry Woods. The City Engineer is recommending Option E. She suggested that Council make a decision tonight on the option to be pursued. The options are outlined in the information provided by the City Engineer and costs range from $7,425 up to $68,040. Mrs. Boring expressed concern about the fact that the residents have been involved in the plans for the bikepath, yet they have not been consulted on this aspect. Secondly, in some cities, bikeways are provided immediately adjacent to the lanes of traffic on the roadway. She would advocate a more reasonable approach to ensuring safety. She supports Concept C as the most reasonable option, but perhaps the residents should RECORD OF PROCEEDINGS w~~..~.~...~.~.~~ti~.,~...~~.m....~.~,.~,.~.MMi~.u~~ ~~.~~,ww~.....~,,.,~.~..~.~.~ti...,A..~w.~....~~~,_ww.~~~,..~.o,~..~.o..v...~~a.~_..wo.~....~u..,~~~..~.~~~.,~W.~,~...~wo~~..,~~~,~n,~,~.,~.,a~~,,.~..~~.~.~..~~,.~~.~.m4aop~.M~~ti~.g.~.~,~..~~~w,.~ Dublin City Council Meeting Page 21 Held (~ntnhPr 1 h, ~~nn , (YEAR) i be brought into this process. Mr. Hansley stated that what is under construction presently is what the residents have already agreed with. As built, it appears that there will be significant safety concerns with its proximity to the roadway. He believes the residents would support these safety measures which will be an improvement over what exists. Mayor Kranstuber commented that he does not believe there are significant safety issues with this portion of the bikepath. It is a short section and very open, but he will support the majority decision on this matter. Shrubbery close to the roadway maybe hazardous in itself and the salting will affect its viability. Following brief discussion, Mayor Kranstuber moved to approve Option C. Mr. Peterson seconded the motion. Vote on the motion - Mr. Adamek, yes; Mr. Peterson, yes; Ms. Chinnici-Zuercher, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mayor Kranstuber, yes. 2. Information was provided to Council in regard to the Dublin Coffinan Tennis Team request for waiver of rental fees for the Community Hall for a banquet. She noted that a very minimal non-profit organization rate was established by Council during their review of the fee schedule. She asked for input. Mrs. Boring noted that Council has received several requests for waivers such as this, and she supports adherence to the rate schedule adopted previously by Council. Mr. Hansley added that staff received this request for a fee waiver today, and technically, unless it is deemed to be a hardship situation, he cannot recommend such a waiver. Staff responds to these requests by letting the groups know that a discounted rate has already been established for non-profit organizations. These requests are typically denied at the staff level, as Council has already established the rates by ordinance. 3. The Public Services Committee will meet on Thursday, October 26 at 6 p.m. to review the legislation proposed by D.A.R.E. students regarding underage tobacco possession. She has requested that the D.A.R.E. officer invite a couple of high school students to participate in this process. 4. The Franklin County Commissioners have decided to establish their own planning staff for township planning and zoning matters and withdraw funding previously provided to MORPC for this purpose. MORPC has requested that City Councils in the area pass a resolution in support of maintaining MORPC as the planning and zoning body for the townships. She provided background information on this matter. She asked if Council would have interest in approving tonight a motion in support of MORPC continuing to do planning and zoning for townships. The Commissioners are expected to vote on this matter tomorrow. Mr. Hansley clarified that other issues impacting this decision are the annexation bill at the state level and the land application sewage systems. Mr. Hansley stated that he and Ms. Chinnici-Zuercher, as Dublin's representatives to MORPC, would recommend that the City support a continuation of MORPC handling planning and zoning work for townships. Ms. Chinnici-Zuercher moved to endorse the continuation of MORPC as presently structured to perform planning and zoning work for townships. Mr. Adamek seconded the motion. Vote on the motion - Mr. Adamek, yes; Mr. Peterson, yes; Ms. Chinnici-Zuercher, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. Reiner, yes. Mr. Hansley suggested that Council direct staff to draft a letter to the Commissioners and to MORPC outlining Council's position. Ms. Chinnici-Zuercher so moved. Mr. Adamek seconded the motion. Vote on the motion - Mr. Peterson, yes; Mr. Reiner, yes; Mrs. Boring, yes; Ms. Chinnici-Zuercher, yes; Mayor Kranstuber, yes; Mr. Adamek, yes. Mr. Adamek commented: RECORD OF PROCEEDINGS d,.~~,.w.ea...~~,~,PM~~~.m.~.._~~~,.~..Man~l~s ~~f ~m _ , _..~.~~,...~~~.,~u~H.~.~,.~m~<...~,.~,a.,~~.~v~~.~,~.~...~~..aro.~N_~._~.~.~w.,_N~...~.,..~~~~~,v~o~.~~~A~~~..~mv_~..~...~.~.w..~..a~,~ta.~a.g_...aN..tiw...~......:~ Dublin City Council Meeting Page 22 Held (~ctoher 16,E , (YEAR) 1. There was a major accident on Avery-Muirfield at Tara Hill last week, and asked for an update. Chief Geis stated that on Thursday night, there was an accident involving a motorcycle where life threatening injuries occurred. As far as he is aware, the victim is stabilized at this point. Mr. Adamek asked that Chief Geis respond to the letter from Brian and Susan Pero regarding concerns about safety along Avery-Muirfield. They have also requested an increase in traffic patrol in this area. 2. Thanks to Ms. Puskarcik for her quick turnaround of the Strategic Communications Plan as a follow-up to the meeting. He has not completed his review and prioritization, but will do so as soon as possible and return the document to her. Ms. Puskarcik stated that her timeframe was driven by any potential budget implications the Plan would have for the 2001 budget. 3. Staff has sent out a request for topics for the Council Corner for Inside Dublin and asked for feedback from Council. It was the consensus of Council to include an article on the golf course with details about the project and the benefits of this public/private venture. It was further agreed that Vice Mayor Adamek and Mayor Kranstuber will sign off on the article as the leaders of Council. 4. A letter from Karl Inman was sent to Council last week in regard to the informational meeting held for the residents of the Villages at Tuttle Crossing. He urged Council members to review his letter which expresses appreciation for the amount of time staff put into this effort. 5. A recent Columbus Dispatch article told. of the City of Columbus' efforts to extend sewer lines to areas currently without service and ways in which to fund F that infrastructure. He asked that the Clerk make copies of this article for all Council members and department heads. 6. A reminder that Duke-Weeks is hosting a dinner on Monday evening, October 23 for Council and department heads with Nationwide officials in appreciation of Dublin's support of their expansion in Dublin. 7. A stipulation for approval of the Westbury subdivision was that when the bridge was open, a notice would be posted prohibiting through construction traffic in the existing neighborhood. He asked that staff check to ensure that this posting has been done. Mr. Reiner: 1. Asked the Law Director for confirmation that the directive to P&Z regarding the aesthetics ordinance is that they ensure that it is in fact approvable. Mr. Smith responded that this direction has been given to them. The BIA is presently working with P&Z to address some of the issues. 2. Asked if there is any interest in raising the speed limit on Martin Road from its present 25 mph limit? A letter was sent to Council regarding concerns about this. Chief Geis responded that the reduction of speed limit on Martin Road several years ago has resulted in many frustrations for motorists. Mrs. Boring pointed out that, in view of the many recent requests for traffic calming measures throughout the City and the fact that the residents petitioned Council to have this speed limit reduced from 35 to 25 mph several years ago, she would not recommend Council taking any action to increase the speed limit. Discussion followed. Mrs. Boring noted that the concern expressed in the letter was that the number of speed limit signs on Martin Road is inadequate. Mrs. Boring moved to direct staff to review the number and location of speed limit signs on Martin Road. Ms. Chinnici-Zuercher seconded the motion. Vote on the motion -Mayor Kranstuber, yes; Mr. Adamek, yes; Mr. Peterson, yes; Ms. Chinnici-Zuercher, yes; Mrs. Boring, yes; Mr. Reiner, yes. Mrs. Boring suggested that the Dublin Coffman girls' golf team be invited to an I I I I T i a RECORD OF PROCEEDINGS „n,.,.~~~,..~,.~r~~~..,~~.~~,w...~,.~..,.Mi~e~o.~ ..~.,.~.~,.~w..~~..~..~ti~v~.~~aw,~.~~,~H..~.~ti~.~~~~.,ny ~,.~~r~~~,~,M~.~,H,pw..~.,.~,g.~4_~.~,~„~.~.,~_~,.~,~_~...~..~~.~,~~;,.~..~~mMe~ta~g~~ti...,~~~~~~ Dublin Cit Council Meetin Page 23 Held (lctnhPr 1 2nOn , (YEAR) upcoming Council meeting to recognize their achievements at the state level. Mayor Kranstuber asked that the Clerk contact Lynda Sirk at the Dublin Schools to extend this invitation. Mr. Hansley stated that the Dublin Schools have requested installation of City signage similar to that done for the state championship football team a couple of years ago. Perhaps these could be presented to them at the Council meeting when they are honored. Mavor Kranstuber noted: 1. Mr. Hansley sent a memo to Council in regard to the renovation of Council Chambers. Mr. McCash has offered to work with Martin Strayer of the Building division on this project. In response to a request for an additional Council member to work on this project, Mrs. Boring volunteered to do so. 2. A draft calendar for Council meetings in 2001 has been distributed to Council tonight. He asked that Council members review this for adoption at an upcoming meeting. Mayor Kranstuber suggested that a Council break be scheduled in July versus August, in view of the Irish Festival and school sports practices held in August. The CIP workshops would then have to be rescheduled from July to August. Mrs. Boring suggested that Council consider moving the June meetings to June 11 and June 25, due to the Memorial Tournament dates; in July, schedule one meeting on July 23 or July 30; in August, cancel the first meeting and have one meeting on August 20. Mr. Reiner stated that he would prefer August as a break instead of July, but he maybe the only member with this preference. Mayor Kranstuber stated that he will work on revisions to the calendar for Council's adoption at the next meeting. 3. There is an open house scheduled at the Justice Center on Saturday, October 28. He asked for details. Ms. Puskarcik stated that the open house was planned in response to the Community Survey results. There is no particular special occasion. The meet' a adjourned at 11:30 p.m. Gli Ma r -Presiding Officer Clerk of Council __..,~w