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HomeMy WebLinkAbout03/19/2007RECORD OF PROCEEDINGS Dublin City Council 1 1 Held 20 Mayor Chinnici-Zuercher called the Monday, March 19, 2007 Regular Meeting of Dublin City Council to order at 7:00 p.m. at the Dublin Municipal Building. Present were: Mayor Chinnici-Zuercher, Vice Mayor Lecklider, Mrs. Boring, Mr. Keenan, Mr. McCash and Mr. Reiner. Ms. Salay was absent (excused). Staff members present were: Ms. Brautigam, Ms. Grigsby, Mr. Smith, Chief Epperson, Mr. McDaniel, Mr. Harding, Ms. Ott, Ms. Gilger, Mr. Earman, Mr. Hahn, Mr. Langworthy, Mr. Tyler, Mr. Hammersmith, Ms. Hoyle, Ms. Husak, Mr. Burns and Ms. Puskarcik. PLEDGE OF ALLEGIANCE Kevin Shrock, Boy Scout Troop 299, led the Pledge of Allegiance. Randy Roth, Boy Scout Troop 299, stated that he is the troop's merit badge counselor. One of the requirements for badge certification is to observe an hour of City Council proceedings. Mayor Chinnici-Zuercher welcomed the troop members to the meeting. APPROVAL OF MINUTES • Regular Meeting of February 20, 2007 Vice Mayor Lecklider moved approval of the minutes of February 20, 2007. Mr. Keenan seconded the motion. Vote on the motion: Mayor Chinnici-Zuercher, yes; Vice-Mayor Lecklider, yes; Mr. Keenan, yes; Mr. McCash, yes; Mr. Reiner, yes. [Mrs. Boring was absent from room.] Approval of the March 5, 2007 meeting minutes will be considered at the April 9 Council meeting. CORRESPONDENCE There was no correspondence requiring action from Council. SPECIAL PRESENTATIONS/PROCLAMATIONS • Presentation of Artwork to City of Dublin David Guion, Executive Director, Dublin Arts Council presented the third and final installment of a public art collection to the City. The artwork, titled "Journeys 2006," by artist Katie Balas won an award during Dublin's 2006 Art and Music Festival. Ms. Ballas has exhibited her work locally and, as a result, has sold several pieces. Mayor Chinnici-Zuercher thanked Mr. Guion for this third piece in the public art collection. The City will place it on display in an appropriate location. Mr. Guion noted that the Dublin Arts Council Garden Party fundraiser will take place on Friday, March 23 from 6:30-9:30 p.m. at OCLC. He invited everyone to attend. • Ohio City/County Management Association Lifetime Achievement Award Steve Husemann, Past President, Ohio City/County Management Association presented a Lifetime Achievement Award to Frank Ciarochi, recently retired City of Dublin Deputy City Manager. He summarized Mr. Ciarochi's public service contributions in the cities of Sidney, Delaware and Dublin, Ohio, as well as in some cities out of state. Not every retiree receives this recognition; only one is awarded each year. Mr. Ciarochi is recognized for his contributions in the areas of City planning, development and management. He is known for his strong leadership, integrity and moral character. Mr. Ciarochi is truly an exemplary public servant and he is honored to present him with the OCMA Lifetime Achievement Award. Mr. Ciarochi thanked Mr. Husemann and in particular, Ms. Ott for spearheading the nomination from the cities of Dublin and Delaware on his behalf. He thanked his wife, Kathy for her support through the years, which has enabled him to achieve this recognition. He thanked City Council for the privilege of working in Dublin. Mayor Chinnici-Zuercher stated that the award is well deserved and thanked Mr. Ciarochi for returning for one last meeting in Council Chambers to receive it. CITIZEN COMMENTS Bob Warne, 5808 Tartan Circle North stated that he is a 10-year resident of Dublin. He has several ideas he would like to share that would encourage tourism in Dublin: • Adopt amascot -Dublin, the City of Leprechauns. The project could be the combined efforts of the City, the Schools and Dublin Arts Center RECORD OF PROCEEDINGS Dublin City Council rch 19, 2007 rage 1 ~~ 1 Establish an Irish Heritage Center containing: exhibits from the various counties and entities in Dublin, Ireland; a hall to honor famous Irish figures and Irish individuals who have contributed to the City of Dublin's history; a library, stage and museum with items of Irish influence. Create a Lawmans' Hall of Fame - a memorial to those who have died in the line of duty, a hall recognizing outstanding feats in detection and apprehension. Operating similar to the Football Hall of Fame, the annual selection and induction would draw annual national attention to the City of Dublin. He suggested other features for the hall. Create an American Indian Memorial Park - Shawan Falls could be the site. Although the gorge has had some attention, a walk up the creekbed is an awe- inspiring, almost religious experience. Mayor Chinnici-Zuercher thanked Mr. Warne for his suggestions. They will be shared with Mr. Guion of the Dublin Arts Council and with Mr. Dring of the Dublin Convention and Visitors Bureau. She noted that Mr. Maurer, who will speak next, has had similarly interesting ideas. She suggested he contact Mr. Maurer. Wallace Maurer, 7451 Dublin Road, stated: 1. A correction is needed to his statement in the February 20 minutes on page 2, where it should read, "Council's Rules of Order would be applicable up to a point and would not supersede the First and Fourteenth Amendment provisions...." 2. Point out that the City's broadcasting on cable channel 6 has not accommodated the recent Daylight Savings time change. 3. Inquired if and when Council intends to restore his freedom of speech in Council meetings. Mayor Chinnici-Zuercher responded that Council did not take away his freedom of speech, only invoked their meeting Rules of Order regarding content. Mr. Maurer responded that Council did take away his freedom of speech within this Chamber. One of the Council members stated that Council had the right to inject the Citizen Comment slot and also the right to withdraw it. That is correct, but once it is in place, all topics are permitted. Therefore, Council has prohibited his freedom of speech in this Chamber. His question still stands: when will Council restore his freedom of speech in Council meetings? Mr. Smith responded that he has already provided his legal opinion to Council, and Council has informed Mr. Maurer of the direction in which they intend to run their meetings. He does not believe that will be changed. If Mr. Maurer wants to discuss that fact in this forum for five minutes, he can do so, but that is the rule under which Council intends to operate. Mr. Maurer responded that Council cannot disregard the First and Fourteenth Amendments. They can pretend not to listen to him, or walk out and not listen to him, but they cannot deprive him of his free speech. This country was built on the principle of free speech. Council needs to come to terms with that. Simply repeating what Council has done is not a response to his question. Mr. McCash stated that Council has given Mr. Maurer numerous responses to this question, among the other questions brought forward. There are "reasonable time, place and manner" restrictions on First Amendment free speech, particularly when standing in a public meeting, and that has been explained to him. tf Mr. Maurer wants to write letters to the newspapers, hold seminars, stand on a public street and discuss hiring and firing, he is entitled to do that. Council has not taken that right away from him. What Council has done, however, is to try to control the operation of the Council meeting for efficiency reasons. Council does not need to hear continued comments regarding a person who has been terminated. The topic is concluded as far as this body and everyone else is concerned. Everyone else has moved on except for Mr. Maurer. Mayor Chinnici-Zuercher noted that Mr. Maurer's speaking time has expired. He will need to either continue his comments at a later date or re-think his discussion with Council for the next meeting. Mr. Maurer responded that he has "thought it through, and it is time for some others to think it through." RECORD OF PROCEEDINGS Dublin City Council March 19, 2007 age I~ LEGISLATION POSTPONED ITEMS Resolution 15-07 Authorizing the City Manager to Enter into an Agreement with TechColumbus. Mr. McDaniel stated that in August of 2006, Council demonstrated a commitment to assist technology-based entrepreneurial commercialization initiatives by approving Resolution 66-06, which provided funds to attract matching dollars from the State's Entreprenuerial Signature Program (ESP). As the next step in pursuing this grant, staff and TechColumbus have jointly developed a proposed agreement to demonstrate how the City and TechColumbus would work together to best use the potential dollars. Key aspects of this agreement, as outlined in staff's report to Council, include the following: • A definition of service territory, staffing, deal flow, entrepreneurial assistance programming, marketing and promotion and access to capital. • Another key component of the agreement outlines the establishment of a business incubator/accelerator. • As pointed out in the staff report and identified in Resolution 15-07, staff is requesting an additional $100,000 per year for a total of three years to lease space for the business incubator/accelerator. • TechColumbus intends to match this with an additional $100,000 per year for three years, above and beyond any funds that may be received from ESP. • The budget contemplates recovering some of this money, but there is no guarantee. It is important to emphasis that the ESP has not yet been fully awarded. Staff is hopeful that this draft agreement demonstrates the joint commitment to establish a business/incubator accelerator and provide services that will promote and assist entrepreneurship and business development. Resolution 15-07 is supportive of Council's goal to attract and even create high tech and knowledge-based jobs in Dublin. The City, in partnership with TechColumbus and the State of Ohio is uniquely positioned to facilitate entrepreneurship in order to increase the level of entrepreneurial activity and improve the chances of establishing success with technology enterprises. This can be achieved by honing the skills of potential entrepreneurs, providing them access to the necessary tools, technical and financial resources and by working proactively to enhance the local entrepreneurial environment. He introduced Ted Ford, president and CEO, TechColumbus; Steve Clark, Vice President, Incubator Services, Tech Columbus; and David Powell, Schottenstein, Zox & Dunn. Mayor Chinnici-Zuercher inquired about the square footage of the business incubator referenced in the staff memo. Is the intent to place this within the Central Ohio Innovation Center? Mr. McDaniel responded that is the anticipation; negotiations are in process. Mayor Chinnici-Zuercher inquired if other communities are financially participating in this project? Mr. McDaniel responded that no other communities within this five-county territory are participating at this time. The project will be initiated in Dublin. Dublin will then reach out to the economic development directors in each of the counties. It is a good opportunity to demonstrate leadership. Mr. Reiner complimented Mr. McDaniel on his efforts, particularly in light of the recent media reports about the job losses within the state. He inquired if this type of effort has occurred in other states? Is there any example of a similar project? Mr. McDaniel responded that he is not aware of any. He asked Mr. Ford and Mr. Powell if they can elaborate. Ted Ford, CEO and President of TechColumbus stated that what they are proposing in Dublin has been tried and tested in other locations. This is actually modeled on some of the best programs in the country. Innovation Works in Pittsburgh is one example. It has also worked well for JumpStart in northeast Ohio. Tested strategies will be implemented in Dublin. Mr. Reiner inquired if there has been a return on their investment for these programs. Mr. Ford responded that there has been a return on investment for Innovation Works; they have been highly successful and experienced good returns. The JumpStart RECORD OF PROCEEDINGS Dublin City Council 7 Held The State of Ohio has traditionally spent approximately $500,000 a year to support this type of activity in this region. To date, that support has all been focused on the Kinnear Road program. This program has a total $22.5 million over three years. It was sent out to bid with a very short timeframe last year. TechColumbus has succeeded in having 19 partners come together to provide $7.5 million in cost share. One of the first entities they approached was the City of Dublin, and Dublin showed leadership by stepping up early in the process based on the opportunity. In addition to Dublin, other partners include OhioHealth with the new hospital facility in Dublin, Huntington Bank at $300,000 cash match, the Columbus Chamber at $150,000 over three years. Other support comes from Ohio State, Children's Hospital, the City of Columbus, the Village of New Albany and others. Because Dublin is well organized and ready to move forward, it has a good potential for a return on investment, although nothing is guaranteed. By being the hub of the five-county region, this incubator has the potential of attracting a lot of activity in a short period of time. Therefore, they are confident about the success of a business incubator in Dublin. Mr. Keenan referred to the minimum performance metrics in Item F on page 4. Typically, there will be some penalties for not achieving minimum performance metrics. Mr. McDaniel responded that he did not include these in the agreement. Mr. McCash noted he has some questions related to how this works with other areas within Franklin County. This agreement specifies only the Dublin portion of Franklin County. The remainder of the service area is Delaware, Morrow, Marion, Logan and Union counties. What happens in the remaining portion of Franklin County? What are the other agreements that are set up? Mr. Clark responded that TechColumbus has a mandate from the state to service 15 counties. They have done a demographic study that identified key areas within those 15 counties where entrepreneurial activity should occur. Dublin is in the middle of one of those areas. So they will not put resources in all 15 counties. They will have a resource in Dublin and will have traveling resources in other parts of the 15-county region. They will be matching up with other resources for non-investable opportunities. There are other resources they will either contract with or create relationships with that will help service the entire region. But they will locate the human resources nearest to the location that will produce the most results. Mr. McDaniel added that the remainder of Franklin County outside of Dublin will primarily be served by Kinnear Road. Mr. McCash asked if TechColumbus has a similar agreement with Columbus for the Kinnear Road facility. Mr. Clark responded they have agreements with Columbus, Upper Arlington, New Albany and Dublin. That is not to say that there are hard lines drawn. They believe that 60 percent of their activity at this time comes from the areas identified. The Kinnear Road facility services much of the Dublin area at this time, but that would no longer be the case with the new agreement. Instead, events would be held in Dublin to draw people from the surrounding area. They feel they can create a significant presence in Dublin that will attract people to this area that is unique from what is offered on Kinnear Road or other locations. Mr. McCash asked about the financial contributions of Columbus and Upper Arlington as outlined in their agreements. Is it comparable to this one? Mr. Clark responded that the contribution is $750,000 for New Albany; $150,000 for Upper Arlington; $750,000 for Columbus over three years; and $150,000 for Franklin County. Mr. McCash noted that TechColumbus is committing to one full-time employee in Dublin. The square footage of the business incubator/accelerator being rented is quite large. What else will be housed in that location? Mr. Clark responded that a typical incubator client would occupy anywhere from 400 to 1,000 square feet as they advance. The companies are developed and then moved out. The concept is to create a cluster of activity in the same location as the incubator. Mr. Keenan summarized that there would be multiple companies housed in the incubator. Mr. Clark responded that is correct. There is a process for incubating the companies and then moving them out at the appropriate time. RECORD OF PROCEEDINGS Dublin City Council March 19, 2007 Page Mr. McCash noted that the leasing authority for this office space/incubator is Dublin and not TechColumbus. If Dublin is providing the funding to TechColumbus, shouldn't TechColumbus be the lessor, in view of the fact that they will operate it? Mr. McDaniel responded that he had agreed that Dublin would be the lessor. The City will put in $100,000 and TechColumbus will put in $100,000, and the agreement provides that lease monies would be split 50/50. If the ESP grant is obtained -and the agreement will not be executed unless the grant is obtained -and if the grant monies are permitted to be used for leasing, the grant dollars would be used to reimburse the City and TechColumbus. The hope is to recover some of those monies. Mr. McCash pointed out that there may be some liability issues with the City as the legal entity renting out the space. It would make more sense for TechColumbus to hold the lease. Mr. McDaniel noted that if Council has concerns about any of the provisions, he can address them. He felt it was preferable for Dublin to have control of the space, and that is why he drafted the language in this way. Mr. Keenan responded that is fine, as long as Dublin receives the funds. He does not understand why the City would send its money to another organization and then be the lessor on the lease. Mr. McCash asked about the final hiring decision which references TechColumbus -will the Advisory Board of TechColumbus deal with this? Mr. Clark responded that currently, the goal is to work closely with Mr. McDaniel and the City of Dublin to jointly work through the interviewing process to assure that both parties feel the candidates are competent. From a management perspective, TechColumbus has hired a number of these people and is familiar with the qualifications. If there is a local factor to be considered, they are hopeful that Dublin's staff will inject that into the process. Mr. Keenan asked if Mr. Clark in particular will be working with Dublin. Mr. Clark confirmed that is correct. Mr. McCash noted that Dublin has input in the hiring process. However, if there would be anon-performance issue, who will address it? Mr. McDaniel responded that the agreement provides for a process that allows for a quarterly review process. Dublin would jointly review performance of that individual with TechColumbus. If Dublin is not satisfied with the performance, Dublin can recommend termination. TechColumbus will handle the hiring of this person who will be their full- time staff. TechColumbus would also handle the termination, if that became necessary. Clearly, Dublin has significant input in the hiring and performance evaluation of that individual. Mr. McCash asked if the local entrepreneurial advisory board would make that decision. Mr. McDaniel responded it would not. Mr. McCash asked about the definition of representatives to the local entrepreneurial advisory board. Are these business owners and government staff within the five-county region? Mr. McDaniel responded that has not been determined at this time. The language indicates it would be defined at a later date. Mr. Keenan noted that the language indicates representatives of the service areas, which are the surrounding counties. Mr. McCash stated this is what has prompted his question. These could conceivably be business persons or economic development staff from the local governments. Mr. Keenan agreed that this should be defined. He does support this initiative, but has concerns with some of the matters he has noted. This is a substantial expenditure. Mayor Chinnici-Zuercher summarized that this is a new way of doing business and Council wants to understand what is being committed to. In terms of the advisory board, she encouraged consideration of those who have had experience in doing this. In Dublin, there are many companies which are spin-offs of Battelle and other technology companies. These individuals have experience and knowledge about what it takes to be successful. RECORD OF PROCEEDINGS Dublin City Council March 19, 1 1 u age Mr. Clark added that there are also components such as the investment community. They would likely include a mix of the investment community, entrepreneurs and economic development persons. The mix can be adjusted. Mr. McDaniel added that this whole entrepreneurial advisory board is clearly new territory for Dublin. It is envisioned to include all of these types of individuals. If Council approves this legislation tonight, staff would bring this portion back for review to ensure Council's comfort. Mr. McCash commented that he believes generating additional business in the area, particularly in the technology sector is a good concept. However, this is a million dollar investment and there are no guarantees. Much of the economic development incentives the City offers do not include such guarantees, but they are more structured in terms of performance. Is there some information which can be provided regarding other locations where incubators/accelerators have been done and their performance data? This would help to understand the probability of success from this venture. Vice Mayor Lecklider asked about the request to add $100,000 per year. His assumption is that it would necessitate the amendment of Section 5C, the distribution of funds. It references four equal installments, but that was based upon the $250,000 in matching funds. Obviously, that would require amendment. Mr. McDaniel stated he would review the language. Mayor Chinnici-Zuercher stated that it appears that the distribution of the funds language should be rewritten. Mr. Keenan stated that in view of the amount of the investment, the language needs to be more specific. This would increase Council's comfort level. He commended them for what has been done thus far. Mr. Ford responded that they will provide some additional back-up information as requested. Mr. McDaniel pointed out in regard to the lease that it will come back before Council for authorization. Mayor Chinnici-Zuercher asked when a vote is needed to move forward with the State of Ohio grant. Mr. Ford responded that the State is already moving ahead. TechColumbus already has half of the roughly $8.8 million of the grant awarded. This was done late in 2006. They are hopeful of receiving $6.2 million in an award next Wednesday and $6.2 million is still "in play" at this point. The State has the commitments from Dublin and the other cost share providers, so they are moving ahead on their grant process. Mrs. Boring asked why the additional $100,000 was not built into the original request. What has changed? Mr. McDaniel responded that at this time, staff is not certain that ESP funding can be used for leasing space. That is what drives the request for the additional $100,000. Staff will seek to repay this from leasing the space. The State is attempting to tie their funding to deal flow and to seed capital and not to leases. Part of the success of this program is rooted in having a physical incubator/accelerator space in Dublin. It will facilitate working with local corporations and local entrepreneurs. Mr. Keenan asked where the allocation, if approved, would come from in terms of the City's operating budget. Ms. Grigsby responded this would be allocated from the reserves in the general fund. Mrs. Boring asked why staff does not delay this request for additional funding until they learn whether the ESP grant monies can be used for leasing the space. Mr. McDaniel responded that is an option. However, his motivation is to move forward on this as soon as possible and to demonstrate a commitment. He acknowledged that Council has already committed significant funding with their previous action. However, it is important to establish this physical space. The services can be provided without this additional funding, but it will be more difficult. RECORD OF PROCEEDINGS Dublin City Council age Mrs. Boring summarized that what she understands is that an additional $100,000 per year is being requested because the restrictions of the grant funding are not understood at this time. She is reluctant to support this until more details are known. She also wants to hear of other communities making a good faith commitment. Mr. McDaniel responded that staff can provide this information. Mr. McCash noted that this request also references a "minimum" budget, which infers that additional funding could be requested in the future. He does not want to start down the path of asking for additional sums of money. This will add up over two years. Mr. McDaniel responded that he is hopeful that if great success is demonstrated, he could return to Council for future requests if that enhanced the program. Additional monies may be sought, but more likely from other communities. Staff will continue to seek grant monies from the State based on the program's demonstrated success. He noted this is a new program for Dublin, these are great questions, and he will continue to work on this so that Council is confident moving forward. Vice Mayor Lecklider asked if there is a deadline by which staff needs a response from Council about whether these additional monies would be approved, in order to keep the process moving forward. Mr. McDaniel responded that there is not. If Council approves this funding, it is one more step in demonstrating the commitment to this endeavor, and this may or may not impact the grant funding decision. Vice Mayor Lecklider noted that Dublin does want to continue to be a leader in this effort, and it is obviously complementary to what is being planned for the COIC. When can Council expect responses to the questions raised tonight? Mayor Chinnici-Zuercher commented that her assumption is that the responses can be provided for the next Council meeting. Mr. Ford responded that the State makes a decision a week from Wednesday regarding the final installment on the total grant. They can provide responses to tonight's questions shortly thereafter. Mr. Reiner emphasized he is interested in the performance and the return on investment aspects. He understands that there is an advantage in having the incubator in Dublin, supporting young, fledgling entrepreneurs who are developing companies. Mayor Chinnici-Zuercher echoed all of the comments. Council is definitely interested in pursuing this and has already made a significant financial commitment as well as in land set aside for such ventures. She noted that Council is interested in the following: the return on investment for other incubator programs; the liability issues for the City holding the lease versus TechColumbus; the reaction from the other counties and whether and how they want to participate. Vice Mayor Lecklider moved to postpone the legislation to the April 9 Council meeting. Mr. Reiner seconded the motion. Vote on the motion: Mr. Keenan, yes; Mrs. Boring, yes; Mayor Chinnici-Zuercher, yes; Vice Mayor Lecklider, yes; Mr. McCash, yes; Mr. Reiner, yes. Wallace Maurer. 7451 Dublin Road commented that this is a magnificent, brilliant, timely, "sieze the moment" kind of idea. The future is utterly obscure, and a downturn could ' impact every level. However, this is a brilliant piece of business and it will be a marvelous move for Dublin. SECOND READING/PUBLIC HEARING -ORDINANCES Ordinance 13-07 Amending Chapter 37 ("Contracting and Competitive Bidding") of the Dublin Codified Ordinances Regarding Disposal of Assets, and Declaring an Emergency. Ms. Brautigam stated there is no further information to report at this time. Ms. Hoyle noted that staff is requesting emergency passage. There are some auctions in process and passage by emergency will permit them to continue as scheduled. Vice Mayor Lecklider moved for emergency passage. Mr. Reiner seconded the motion. RECORD OF PROCEEDINGS Dublin City Council March 19, 2007 1 r I He Vote on the motion: Vice Mayor Lecklider, yes; Mr. Reiner, yes; Mr. Mayor Chinnici-Zuercher, yes; Mr. McCash, yes; Mrs. Boring, yes. Vote on the Ordinance: Mr. McCash, yes; Vice Mayor Lecklider, yes; Mrs. Boring, yes; Mayor Chinnici-Zuercher, yes; Mr. Keenan, yes. age Keenan, yes; Mr. Reiner, yes; Ordinance 14-07 Requesting Approval to Change the Name of Scherers Place to Laser Lane in the City of Dublin, Ohio. Ms. Brautigam stated that staff is requesting Council postpone this ordinance. Staff had devised a name, but in checking with Franklin County, it was already in use. Staff will bring a proposal back on April 9. Mr. McCash moved to postpone this item until April 9. Mr. Reiner seconded the motion. Vote on the motion: Mrs. Boring, yes; Mr. Keenan, yes; Mr. Reiner, yes; Mayor Chinnici-Zuercher, yes; Vice Mayor Lecklider, yes; Mr. McCash, yes. Ordinance 15-07 Accepting the Updated Estimated Average Per Acre Value of Land for Park Fees in Lieu of Land Dedication. Mr. Hahn stated there are no changes subsequent to the first reading. Wallace Maurer, 7451 Dublin Road stated that in Exhibit B, page 2, paragraph 2, line 5, the word "principals" should be "principles." Vote on the Ordinance: Mayor Chinnici-Zuercher, yes; Mr. Keenan, yes; Mr. Reiner, yes; Mr. McCash, yes; Vice Mayor Lecklider, yes; Mrs. Boring, yes. Ordinance 16-07 Rezoning Approximately 189.57 Acres Located North of the Intersection of Hyland-Croy and McKitrick Roads, Bordered to the East by Jerome Road and to the North by Brock Road, From R, Rural, To PUD, Planned Unit Development District. (Tartan Ridge - 9756 Hyland-Croy Road -Case No. 05-1832) Ms. Husak stated that this ordinance was introduced at the March 5`h Council meeting. This presentation will focus on the changes the applicant has made in response to the discussion at the prior meeting. The plan for this development includes various housing types, large open spaces and a limited commercial area in the southwest corner of the site. The housing consists of seven different single-family home types and 24 townhouse units in four buildings. Active parks are proposed throughout the site and passive open spaces are primarily located along the scenic road setbacks. The neighborhood commercial area proposed consists of 68,500 square feet of space that could be utilized for office, retail and restaurant space. In discussion of the commercial area, Council identified the following issues: (1) the importance of this area to be pedestrian oriented and accessible to bicycles; (2) the proposed location of the gas station; and (3) development text language requiring night sky preservation. Council also discussed the potential viability of the neighborhood commercial area. The applicant has submitted a revised development text that addresses the issues. 1. The conditional use language on page 46 has been revised to include language stating that the gas station/convenience store will be located in the area depicted in the preliminary development plan, which is located along Hyland-Croy Road with a 200-foot setback. 2. The text has also been revised to require a minimum number of bicycle parking spaces, based on the number of parking spaces provided for vehicles. 3. The language regarding lighting requirements was also changed, deleting a reference to the Dublin Lighting Guidelines to state that night sky preservation is required. Planning will continue to work with the applicant to devise a lighting plan for this location, which is near homes and the Metro Park. That will be finalized during the final development plan phase. The applicant is prepared tonight to address the viability of the neighborhood commercial proposal. At their February 1 meeting, the Planning and Zoning Commission voted to recommend approval of the rezoning with 11 conditions, which are noted in the Record of Action for that meeting. RECORD OF PROCEEDINGS Dublin City Council Held Ben Hale Jr., representative for the applicant stated that Charlie Driscoll, Edwards Land Company, is present to respond to Council's questions. Also present is Robin Lorms, a commercial consultant hired by the applicant to ensure that the proposed commercial area is a viable commercial development. One of the factors Mr. Lorms considered is the amount of available commercial area west of the river. As part of that, he reviewed vacancy rates. Out of 1,300,000 plus square feet, he found 2,000 square feet of vacant space, which translates into an occupancy rate of 99.973%. Essentially, there is 100 percent occupancy of commercial space. Mr. Lorms has accumulated some statistics, which should help Council to understand that this would be a very viable and successful commercial development. Robin Lorms principal with Integrity Resources, Crown Park Court stated that he has been asked to render an opinion regarding the potential viability of a proposed retail development at Hyland-Croy and McKitrick Road. Their practice specializes in retail development, market analysis and market research. One of the first steps they took was to review the occupancy levels of shopping centers west of the Scioto River to determine the supply/demand relationship. They focused on community and neighborhood type of developments, including: Avery Square with Kroger, Perimeter Square with Giant Eagle, the Shoppes at Athenry, Shawnee Square, Northbridge Village Square and Karric Square. During the first round of analysis, all the space was occupied except one store. Subsequently, a bigger space became available in the Perimeter Square and another in Avery Square. The overall market is 98 percent occupied, which is very good. A healthy ratio would be 93-94 percent occupied. They then reviewed some demographic studies within the following polygon: Post Road on the south, Hyland-Croy Road to the west, Brock Road to the north and the Scioto River to the east. Within those borders, there are approximately 26,000 people. A healthy ratio of retail space is around 28 square feet per capita. That calculates to a need for approximately 800,000 square feet of retail space. They then evaluated the content of the shopping centers and discovered that Dublin is far below the recommended commercial space. He described several existing examples of 800,000 square feet of retail. In the western section of the City, there was no retail planned between the existing retail at Avery Road and Post Road and that planned for Jerome Village. That area is experiencing tremendous population growth, and additional growth is planned. His conclusions were that this site is not only viable, it would also enhance the quality of life for the existing developments and those proposed. Mr. Reiner inquired if Mr. Lorms made any observations in regard to the east side of the river. Mr. Lorms responded that he has looked at different submarkets in Franklin county --one is the east side of the river and the Sawmill Corridor. That area has a vacancy rate of 13 percent. However, the Dublin Village Center is included in that database and is a center that is no longer viable. The Village Square is also at risk, maybe a couple of others. When those are eliminated from the equation, the occupancy is in the low 90'h percentile. Some of those developments should be subjected to an adaptive re-use study at some point in time. Mr. Keenan stated that although reviewing that particular area may not have been the initial charge to Mr. Lorms, it is interesting to hear his opinion regarding Dublin Village Center. This situation is part of the reason for Council's reticence to approve additional retail development. Mr. Lorms stated that Dublin is a beautiful community; it is well-planned. People in the retail business, especially those from out of town, notice immediately the visibility and signage that H.H. Gregg and Whole Foods have. Those are the necessary fundamentals for retail. The problem with Dublin Village Center is that, although aesthetically it is pleasing, there is no visibility. Mrs. Boring stated that when Michael's was forced to leave that center, they did not want to leave that location. Mr. Keenan responded that he was interested in hearing the views of someone who is well known for their expertise in the area of retail development. RECORD OF PROCEEDINGS Dublin City Council age 20 Vice Mayor Lecklider inquired his views about Perimeter Center, which is virtually full, although it is situated behind gas stations, banks and fast food restaurants. In addition, there is no signage for it on Avery-Muirfield Road. Why is this so successful? Mr. Lorms responded that it is due to the issue pointed out tonight -there is pent-up demand for retail on the western side of the river. Vice Mayor Lecklider stated that it is not then entirely asignage-related issue. Mr. Lorms responded that it is part of it. There is an anchor tenant, Giant Eagle, which is a draw to the center. There is also a regular, sustainable patronage of customers who live in that area and shop in that area. The Sawmill Corridor is a regional location, with customers coming from Upper Arlington, Worthington and beyond. Anchor tenants in the Sawmill Corridor demand and receive a lot of visibility and signage. The retail at Avery Road and Post Road is a community center. Mrs. Boring stated that there are many communities that do not have extensive signage, yet they have a draw to regional centers. For example, in Raleigh, North Carolina, the Lowe's store has poor visibility, yet good business volume. Mayor Chinnici-Zuercher inquired if Mr. Lorms' formula takes into account the type of commercial development. Presumably, it is not based entirely on square footage and population but dependent upon a business that is of sufficient interest to the residents. Mr. Lorms responded that is absolutely true. It is analogous to the hotel industry. For example, a healthy occupancy rate for hotels is 70 percent. If an interchange study is conducted and the results indicate that the hotels have a 60 percent occupancy, the conclusion could be that there is not enough demand for another hotel. However, if all of those hotels are an older format hotel, three to four newer format hotels could come in and achieve a 90 percent occupancy. It is the same with a retail business. The right retail, right configuration and right mix of tenants can achieve great success in an area with 15 percent vacancy. It is possible to build a new center and achieve 100 percent occupancy because the other retail is not meeting the market demand. Mayor Chinnici-Zuercher stated that Council's concern is with having another center with issues such as the Dublin Village Center. Mr. Hale stated that is a legitimate concern. If this Tartan Ridge center is built, will it take tenants from another center and leave that center empty? Mr. Lorms stated that is a valid concern. If there is a market with 500,000 square feet of space of which 100,000 square feet is vacant, and the trade area can be defined concisely, the vacancy is probably due to over supply. Adding more generic space could present a problem, unless it was for a very unique product or a missing niche. In the subject case, there is no space and everything is full. The simple formula is if the supply is full and the demand is growing, if the space is well done, well designed, and well located in the midst of existing population, then from whom would the new retail extract business? In this case, there is no other retail in the area. Mrs. Boring stated that she does not understand how the Sawmill Road regional retail relates to this discussion. Aside from that, she does not want to see any retail drawn away from the community retail area located at Post and Avery Roads, even though some customers may need to drive more than a few minutes to access it. If three additional retail centers are added to the equation -- Jerome Village, Oak Park and Tartan Ridge -- how do the numbers compare? Mr. Lorms stated that even with three additional retail centers added to the database, with the population growth anticipated, the City will continue to be under-supplied. He clarified that with the Sawmill Road example, he was attempting to respond to the distance factor - the distance between Henderson and Reed roads to Powell retail would equate to the distance between Jerome Village and the Avery/Post Road retail. Mr. Hale stated that the applicant has been working with staff on a final development plan for a portion of this site; that should be completed within a few days. The first phase will be built around the park because it is exceptionally important to the development and extends to the school. A road will be constructed and extended to the school. RECORD OF PROCEEDINGS Dublin City Council March 19, 2007 Page Held LJ L 1 Kimberly Clavin, 7667 Brock Road, Dublin stated that most of her points are recorded in the public comments section of the Planning and Zoning Commission minutes. However, she would like to emphasize the following points: (1) The entryway. It would make more sense to line up the Tartan Ridge entryway to make it fully aligned with Jerome Village. The present location isn't feasible, as there is only 530 feet between the two -- not enough for two left turn lanes. Vehicles will be at risk for a collision. They requested that the plan be revised to address that, but it remains unchanged in the plan before Council. (2) Water. There are drainage tiles throughout the field where they plan to build upon. When they presented their concerns at the Planning and Zoning Commission meeting, the developer indicated that they were aware of the issue and had some plans to address the issue. However, the residents have not seen any plans and are concerned. The developer did indicate that if any of the neighboring properties were impacted in the future with water problems, they would remedy those situations. But the neighbors are not comfortable with that statement. How long would it take before evidence of a problem is seen, and then how much longer to address it? Presently, following a rain, there is a lot of standing water in that field. In addition, part of that water is septic. There are 15 neighboring homes on septic systems and wells, and some of the systems are leaking. There will be some water purification needs. She had heard that the stormwater drain-off is intended to drain into the pond, but it would not be wise to have septic water draining into the ponds. (3) Utilities. No utilities have been planned for the 15 homes in that vicinity, which currently have well and septic systems. They would be interested in tapping into City water/sewer lines. (4) Retail. At the Commission meeting, the residents inquired why the retail is being planned for the southwest corner, rather than the southeast. The neighbors want to preserve the look of Glacier Ridge Metro Park, which is one of natural beauty. Coming over the crest of the road on Hyland-Croy in front of Glacier Ridge, one sees Glacier Ridge on the left and now will see retail on the right. It would be more appropriate to place the retail on Jerome Road. The plans are to widen both Hyland-Croy and Jerome Roads to 80 feet, so they would be able to handle a similar amount of traffic volume. (5) Convenience store. Surely, the Tartan Ridge people are not happy about the proposed convenience store immediately across the street from large, expensive single-family homes. In addition, two other retail centers are already planned for this area. Jerome Village has an entire city planned, with a significant amount of retail. There is no need for retail on this corner immediately across from the Metro Park. The residents want to preserve the natural look of the area. (6) What are the plans to eliminate the "eye sores" -the water towers, construction dumpsters, etc. She noted that the revisions to the retail area seem to indicate that the parking has been changed to make it more parking friendly. That is much appreciated. Mr. Reiner inquired about the leech fields and septic systems. Did the applicant purchase the back portions of the properties? Is that why the leech fields are protruding into the applicant's property? Ms. Clavin responded that her neighbor would be able to respond to that. Greg Theodore, 7651 Brock Road stated that all the stormwater run-off in that area flows to Brock Road, and most of it across his back field. The proposed entry to this development from Brock Road is along the edge of his front yard. The developer plans to take part of his yard for that entryway. Unfortunately, this land is part of the flow path. There are two major retention sites for all of that area along Hyland-Croy Road. Last week, the field was a river. All the leech beds in that area drain into the water flow and into that field -right into the proposed entryway from Brock Road. Mr. Reiner stated that, hopefully, the ground is absorbing it. Mr. Theodore responded that it typically does, but when the ground is frozen, the water coming from the leech beds flows across the ground. Mayor Chinnici-Zuercher stated that it is her understanding the issues were addressed at the Planning and Zoning Commission meeting, but she would like Mr. Hale to respond, as they seem to be significant. RECORD OF PROCEEDINGS Dublin Citv Council age 1 iJ ~~ ~~, Mr. Hale stated that they had a private meeting with the residents, which their engineer attended. They also had meetings with the Union County Engineer. As a result, the plans for the access road have been lined up with the Jerome Village entryway. Also, they have evaluated the site carefully in context with the surrounding area, and their engineer has identified two inlets that are bringing in the water. He has also calculated the volume of water flow, and the pipes are being sized sufficiently to pick the water up and transport it into the pond system at the same rate as occurs today. The neighborhood meeting was very beneficial. The residents were able to sensitize the developer to some things they believed were occurring on their properties. Their engineer has preliminarily reviewed that drainage and has assured the developer and the residents that the pipes will be sized sufficiently to remove the water at a reasonable rate. In compliance with the Dublin Code, they will also clean the stormwater before it is released from their site. Mr. Reiner stated that this is a tiled farm field, which appears to have functioned well for the farmers. Does the developer intend to intercept that water along the property line with a swale system? Mr. Hale responded that their engineers have identified two inlets that are the source of the problem, and according to the topography maps, they appear to be the only cause. However, the neighbors have stated that they believe the water is coming from more than those two inlets. Therefore, the developer has agreed to investigate that question further. Regardless, there will be sufficient storage on the site to hold that water, and they believe they have sized the pipes sufficiently to remove the water. If not, they will increase their size. Although their preliminary development plan indicates that they will be able to handle the water runoff, they are required to complete a full stormwater review in conjunction with the final development plan. Mayor Chinnici-Zuercher referred to the neighbors' request to tap in to the City water and sewer lines. Will this be set up so that they can tap in, if they so choose? Mr. Hale responded that with the water tank located in this area, there is sufficient capacity. They have informed the neighbors that the first step for them would be to annex to the City of Dublin. They have offered to facilitate that for the residents at no cost. If all the neighbors would agree to the annexation, the developer will take care of the costs of the annexation application on a one-time only basis. If annexed, they would be able to tap into the City's water and sewer lines. Mr. Reiner inquired if the developer has addressed the effluent issue. The water is "sheeting" toward this new subdivision and it is carrying effluent. How would the City's water purification requirements address the effluent? Mr. Hale stated that there are some water issues on the individual properties. They anticipate the problems will improve with the over-sized pipes. Presently, some of the water is being blocked from draining. Sheet flowing is a sign of a back-up. Hopefully, their septic systems are functioning, but the residents would be welcome to tap in upon annexation. However, their studies do not indicate that they are receiving much effluent. Most of the houses are set far back from their property lines. In addition, there are intervening ponds that help to clean it. Mr. Reiner stated that the stormwater management of this plan is extremely important. When these houses are constructed, the developer should pay particular attention to the plans. Council does not want to have the residents coming to the City in 5-7 years with complaints of water ponding in their yards. Mr. Hale agreed. However, there are clearly broken tiles on the site that appear to have been broken for some period of time. Mayor Chinnici-Zuercher clarified that the Oak Park retail will be comprised of small shops, similar to the plans for this development. She is not aware of any big box type retail planned in Jerome Village. Perhaps that is located on a site much further south, where a property owner is interested in pursuing zoning for big box retail through Jerome Township. Mr. Hale responded that another big box retail development has been zoned to the west of US 33, north of Post Road on the Skilken property. Jerome Village has a portion of big box retail in addition to the neighborhood retail, but it is a long distance from the Tartan Ridge development. RECORD OF PROCEEDINGS Dublin City Council March 19, 2007 Page Mayor Chinnici-Zuercher stated that she did not have the map in her materials that shows the driveway realignment. Ms. Husak stated that Council received the same packet that was provided to the Planning and Zoning Commission in regard to the preliminary development plan. The plan that Mr. Hale referred to was shared with Planning staff in conjunction with the final development plan that they have been working on. It is not part of these materials. Ms. Husak added that the realignment was addressed by Condition #7 in the Record of Action, regarding "access coordination." Mr. McCash requested clarification regarding the phasing of Subarea F. The intention is to create some sort of architectural edge for Subarea E, the other townhome component. However, as it reads, the gas station and the coffee shop could be built there and it would create the necessary architectural edge. Or is the intent actually to develop the two buildings that are closer to the entry? Mr. Hale stated that it is the intent. It would be unusual to build it all at one time, unless there were tenants, but most of the infrastructure would be constructed up front. Mr. McCash stated that he recognizes that, but the text reads that the gas station, coffee shop and other components on the northeast corner would be built, but the adjoining Subarea E retail may not be built for several years down the road. At that point in time, there could be issues with the property owners when that is submitted for final development plan approval. The intention was to build the retail along with the residential structures, but that is not reflected in the text on page 50, paragraph M. The coffee shop and car wash have no direct connection to any of the residential components there from a buffering standpoint, Mr. Hale stated that what they were trying to convey is that by committing to 32,500 square feet, they were making a substantial commitment for the first phase. The question is in regard to how much architecture is necessary to make it a reality for the residents; 32,500 square feet of building development should be sufficient. Mr. McCash noted they could then have a CVS and a gas station. He noted that the concern is to avoid having the retail back up against the residential area, such as the "Shoppes at Athenry" situation. Mr. Hale responded that he discussed that situation with Mr. Driscoll, and he has indicated that he would be willing to agree that the townhomes would not be constructed until the first phase of the commercial component has been built. Mrs. Boring inquired about the square footage of the Shoppes at River Ridge. Ms. Husak responded that it is 105,000 square feet. Mrs. Boring inquired the square footage of the Mary Kelley's area. Ms. Husak responded that it is approximately 40,000 square feet, which includes the UDF and the daycare center. Mrs. Boring inquired the number of miles between the Jerome Village shopping center and the proposed retail center. Ms. Husak responded that they are approximately five miles apart. Mr. Hale noted that the Union County Engineer has indicated that the first step for them is to build a roundabout at Brock Road and Hyland Croy and they will build Jerome Road to the north. They will initiate the development on the south end. Mrs. Boring inquired the distance between this shopping center and Oak Park. Ms. Husak responded that it is approximately one mile apart. Mr. Reiner inquired if this development is essentially what Council observed in the field trip to Franklin, Tennessee. Ms. Husak responded that much of the development standards for the Westhaven development in Franklin were developer driven. Staff consulted the Westhaven booklets to determine what they did to achieve those architectural results, but the booklets did not include much detail. These development standards, on the other hand, have been meticulously created to require architectural detail to a level not previously seen. It should achieve the same results that were observed in Franklin. Mrs. Boring inquired if there are alleys in this development. Ms. Husak responded affirmatively. RECORD OF PROCEEDINGS Dublin City Council ge Mrs. Boring stated that Ms. Salay is not present this evening, but at the last meeting she had inquired about the landscaping requirements for alleys to achieve the results observed in Franklin. Ms. Husak stated that staff noted the concerns expressed by Council on that field trip, and they attempted to address those details thoroughly in the final development plan - fencing locations, mailbox locations, how areas are landscaped, the length of driveways, etc. Mrs. Boring stated that if those requirements are not included in the development text, they may not occur. For example, if it is not stated that the alleyways must achieve a certain landscaping level, it will not occur. Mr. Hale suggested that could be added as a condition. Mrs. Boring requested appropriate language for such a condition. Mr. Hale suggested that it could state that the alley design, landscaping and fencing be enhanced and subject to staff and Planning Commission's final review. Mr. Keenan stated that he had received several inquiries about the service station, specifically, the screening of the gas pumps. Mr. Hale responded that the service station would be totally interior to the site with a 200-foot setback from McKitrick Road. There is a substantial landscaped island in that location, and there are trees along the street. This use will be exceptionally well landscaped, but the most effective screening is the fact that it is interior to the site. In addition, this is a small, six-pump operation. Vice Mayor Lecklider stated that he is very supportive of this plan. He is hopeful that the architectural style will be a "break through" for this community and Central Ohio. However, the retail component does concern him. He requested clarification of Mr. McCash's concern regarding a CVS store on the corner. Mr. McCash responded that his earlier understanding was that the corner building would have a retail component of a coffee shop, but he realizes it is more of a size appropriate for a CVS. Mr. Hale responded Mr. McCash is recalling a building of approximately 10,000 square feet that would have a lake view. Mr. McCash stated that his recollection was that the corner building was to be a coffee shop, as he specifically expressed a concern that the corner building not be a pharmacy or gas station. It seems that will now occur. Vice Mayor Lecklider states that he wants to be certain he understands the text. The text precludes drive-throughs for a restaurant, but does not preclude adrive-through in connection with a pharmacy or a dry cleaner. Therefore, the text does permit a major pharmacy on this corner, including adrive-through. Mr. Hale responded that is correct. However, the drive-through component would require a conditional use. It is a prohibited use for a restaurant and therefore, restaurant drive-throughs. Vice Mayor Lecklider stated that at any other location he would be less opposed to a pharmacy location, but there is a beautiful Metro Park located immediately to the west of this site. The image of a major retail pharmacy on that southwest corner with a small gas station to the interior does not seem to complement the park, in which the City has made a very substantial investment. Regardless of what type of architecture is used or how well it is landscaped, he does not like this component of the plan. Mr. McCash stated that these pharmacy buildings typically have no windows, so it will be yet another building with black or white spandoglass windows. It defeats the architectural attempts. Vice Mayor Lecklider stated that he observes other locations in the vicinity where the residents would have easy access to gasoline. He believes there is a gas station at US 33 and SR 42. The proposed interchange at Mitchell-DeWitt provides another opportunity for a gas station. In summary, there are several other options for gas stations, and a gas station in this location does not fit the character of the area. Ms. Husak stated that it is consistent with the Land Use Principles, regarding "providing neighborhood services in convenient locations." They had heard from some neighbors that there was a need for a gas station in this area. The retail space on the corner could RECORD OF PROCEED[NGS Dublin City Council March 19, 2007 Page 1 1 1 He be a pharmacy or a small-scale grocery store, but 20,000 square feet is the maximum area any tenant can have in this center. Different uses could be accommodated there. Mr. Hale stated that they would like to believe it will be a mix of uses that people want and will come to the center to use. This is a small, crossroads type of village. It is a neighborhood shopping center, and it has to have some destinations in order to be successful. They are interested in securing a small grocery store for this center, and it may be located on the corner. Vice Mayor Lecklider stated that he does not disagree that pharmacies, gas stations, and grocery stores are necessities of life, and he could likely support them in any location other than across from the Metro Park. Mr. Hale stated that for both the residential and commercial architecture for this rezoning, they retained an extraordinarily talented architect, Brian Jones. Mr. Jones has been an integral part of this effort, and he has created some unique designs. He is out of town and could not be present tonight. In terms of the residential architecture, Mr. Hale noted that he has never been involved in a rezoning with this level of architectural commitment for both the commercial and residential areas. When they return with the final development plan, they are expected to bring extraordinary architecture as depicted in the renderings shown tonight. Vice Mayor Lecklider clarified that what Mr. Hale is showing tonight is the commercial architecture. Mr. Hale responded that the same architect is doing both portions of the project. He then pointed out the various portions shown on the renderings. Mrs. Boring stated that she is also struggling with the need for grocery or gas stations in this location. She has had no a-mails from residents expressing the need for such facilities in this area. Her desire for the area across from Glacier Ridge Metro Park is not for what is being proposed in the commercial portions. Previously, Council had discussed their desire for a rural look in this area to complement the Glacier Ridge Metro Park. She is hesitant about the gas station portion of the proposal. Vice Mayor Lecklider asked if Council Members have any response to Mrs. Boring's comments. Mayor Chinnici-Zuercher responded that she is relying upon this extraordinary architecture presented throughout this process. Her expectation is that the commercial will be something very different from what has been built previously in Dublin and that it will complement the area in question. While she does not disagree philosophically with the comments about the gas station, she personally has concerns about the distance people must drive from some areas of Dublin to access a gas station. Therefore, she is hopeful that, based upon what has been shown in the renderings, this will meet Council's expectations. Mrs. Boring stated that the drawback is that signage is needed at a gas station to inform the consumers of the prices. While the architecture and the landscaping may be extraordinary, a sign is needed for a gas station. Mayor Chinnici-Zuercher stated that she does not recall signage displayed on Avery- Muirfield Road for the BP and Shell stations. Vice Mayor Lecklider responded that BP actually does display the price on Avery- Muirfield Drive. Mr. McCash noted that the gas station component is a conditional use in this proposed plan; it is not a permitted use. He has less concern with it, due to the fact that it is a conditional use; further, because of the setbacks, there should not be an issue with the signage. From the architectural standpoint, he is more concerned with the free-standing outbuilding on the end versus having a more integrated component within the entire center. He remains concerned with the drive aisle that runs through it, separating it and making it afree-standing structure. His concern is not with a pharmacy use, but with its location. Mr. Hale stated that somewhere on this row, a break is needed in the building to penetrate to the parking lot. It doesn't necessarily have to be in that location. RECORD OF PROCEEDINGS Dublin City Council March 19, Held ge 20 Mr. McCash suggested that the break be closer to the main entry with some screening. This structure should be more part of the facade and streetscape. Mr. Langworthy responded that staff has asked the applicant to consider reconfiguring this commercial area to make more of a downtown street, with parking in the interior and no parking on the Hyland-Croy side, and making the drug store be integrated as part of the focal point. A similar area was visited in North Carolina, and he has provided the applicant with that concept - with a goal of having it integrated into a single unit, as a small downtown setting. Vice Mayor Lecklider asked how the drive-through will be accommodated. Mr. Langworthy responded that it is not connected as a building, it just appears connected as a center. They have not settled on the location for adrive-through at this time. By the time the redesign is done, there will likely be some other reconfiguration for the drive-through. It will be part of the final development plan. Mr. Langworthy summarized that staff believes the concern about integrating the center can be addressed. Mr. Hale added that Council can certainly add a condition regarding integration of the buildings. Mr. McCash noted that he would prefer it be part of amulti-tenant building versus a free standing, outbuilding piece. Vice Mayor Lecklider asked staff if adrive-through can be created that would not be visible from Hyland-Croy or the roadway to the south, that is virtually entirely internal. Mr. Langworthy responded that this is possible. There is no reason for it to be visible from the road. Even if it were on the roadside, it would be difficult to identify it as a drive- through because of the setback and landscaping. Vice Mayor Lecklider stated that the 200-foot setback is not as large as some people may envision. Mr. Langworthy agreed, noting it must be supplemented with landscaping. Vice Mayor Lecklider asked if a car wash is a prohibited use. Mr. Hale responded it is not a permitted use. Vice Mayor Lecklider asked that the applicant list the car wash use as a prohibited use. Mr. Hale agreed to do so. Mr. McCash added that a car wash does not fall under the definition of "outdoor service facility." This issue has come up with previous rezonings. Mr. Hale added that this is a small gas station comprised of three double pumps. Mr. Reiner agreed with a previous comment regarding the need to drive a distance to access gas stations. If the mission is to build future town centers that are pedestrian friendly and move traffic off of the roads, it is important that this center include a gas station to serve the nearby residents. Mr. Reiner noted that the Franklin project was developer driven and has fabulous architecture and tight controls. One thing that impressed him in Franklin was the frontal elevations, with shadow patterns and relief on the structures. In this development, it appears that vinyl and PVC components are permitted. In view of Council and Planning Commission's mission for high quality, was there any discussion of this architectural detail at the Commission hearings? Ms. Husak responded that there was discussion about the regulation of the architecture internal to this development by an architectural review committee, similar to what has been done successfully with Tartan West. There was also mention of the City having this book as a guideline for reviewing elevations as they are submitted. Mr. Hale noted that their architect provided pictures in the book about the right and wrong way to do various architectural details for the development and massing elements. There is also a section regarding gates, hedges and walkways. They have provided guidelines for layering the various levels of architecture and landscaping. To the extent possible, they have demonstrated all of this in the guidebook for the development. Mayor Chinnici-Zuercher noted that Ms. Clavin asked about the dumpsters and how they will be screened. Dublin has strict guidelines about these and staff can review the RECORD OF PROCEEDINGS Dublin City Council e 1 1 requirements with her. The applicant will be held accountable to the Code in this regard. There are also Codes about permitted hours for trash pick-up. Mrs. Boring asked about page 46, under 3(c), Conditional Uses, where the language is ambiguous. It notes, "gasoline service station, provided that no more than eight (8) fueling positions shall be permitted." Other language states, "In the event that a gas station is allowed as a conditional use ...." This needs to be clarified to denote that a gas station needs approval as a conditional use. Mayor Chinnici-Zuercher suggested that a motion be formulated to address the issues regarding the alley landscaping, prohibiting the car wash use, and addressing the integrated streetscape issue. Mrs. Boring stated that her intention in regard to the gas station is to limit it to four double pumps, but eliminate the language "shall be allowed" in the text and clarify that it is a conditional use. Mr. McCash moved to approve Ordinance 16-07 with the conditions that the text language be revised to eliminate the language "shall be permitted" from the conditional use section in Subarea F; that enhancement of the alleys with landscaping be addressed as part of the final development plan approval process; that at the final development plan stage, further consideration be given to the layout of the neighborhood commercial area, such as integrating buildings versus free-standing single-use buildings and creating a town center with a streetscape; and that the list of prohibited uses in Subarea F be revised to include car washes. Vice Mayor Lecklider seconded the motion. Mr. Hale indicated that the applicant is in agreement with the additional conditions. Vote on the motion: Mr. Keenan, yes; Mr. Reiner, abstain; Mrs. Boring, yes; Mr. McCash, yes; Vice Mayor Lecklider, yes; Mayor Chinnici-Zuercher, yes. Mrs. Boring asked as a matter of record why a member abstained from voting. Mr. Smith responded that it is the Chair's discretion to ask for the reason for the abstention. Mayor Chinnici-Zuercher asked Mr. Reiner to indicate for the record his reason for abstention. Mr. Reiner responded that he believes that one of the companies he owns may have dealings with one of the investors in this project and so he chose to abtain. He is not certain of this, but abstained for this reason. Mr. Hale added that Mr. Edwards is an investor in this development, and Mr. Edwards is also an investor in separate entities -primarily apartment entities. Mr. Reiner has partial ownership in these. Mr. McCash noted he is confused, as Mr. Reiner participated in this discussion. Mayor Chinnici-Zuercher asked the Law Director for his opinion, given the fact that Mr. Reiner participated in the discussion. Mr. Smith stated that if a Council Member believes he or she has a conflict, it should be set forth at the outset and the member should ask to be excused from the deliberations. If a member has a conflict, they should not try to influence the vote or the content of the project. INTRODUCTION/FIRST READING -ORDINANCES Ordinance 17-07 Amending Sections 153.002, 153.071, 153.072, and 153.210 of the Dublin Codified Ordinances Regarding Residential Driveways. (Case No. 06-133ADM) Mr. Keenan introduced the ordinance. Judson Rex, Planner stated that this ordinance is related to the regulations regarding residential driveways. The purpose is to establish clear guidelines for the design and placement of driveways within the City's residential neighborhoods. The staff report indicates that the Planning & Zoning Commission reviewed the proposed ordinance both in November of 2006 and in February of 2007. At the November work session, the Commission provided input in response to several specific questions from staff. This RECORD OF PROCEEDINGS Dublin City Council input has guided the development of the ordinance. He suggested that Council review the slides contained in the packet prior to the next hearing. In response to Mr. Rex's question about Council's desire for a full presentation, Vice Mayor Lecklider noted he would like more detail provided either tonight or at the next hearing. Mr. Rex noted that there are four sections proposed for amendment: Section 153.002 regarding definitions; related minor modifications to 153.071 and 153 .072 to make the Code consistent; and to 153.210 regarding driveways. Much of the language in the driveway portion reflects existing administrative policy used over the years, but not codified. Recently, many residents have requested additional driveway width and the existing Code did not permit that. Staff hopes to address existing issues in some of the older neighborhoods with this update. It was the consensus of Council to have a detailed presentation at the second reading on April 9. Mayor Chinnici-Zuercher suggested that staff also address the issue about circular driveways, as recently reported in the Columbus Dispatch. There will be a second reading/public hearing at the April 9 Council meeting. Ordinance 18-07 Amending Sections 150.003, 153.074, and 153.080(D) of the Dublin Codified Ordinances Regarding Swimming Pools. (Case No. 07-010ADM) Vice Mayor Lecklider introduced the ordinance. Mr. Rex noted these changes consist of minor revisions related to residential swimming pools. Staff has taken a portion of the Building Code that contains land use oriented language, combined it with some zoning regulations and centralized these for ease of use. It has been relocated into the "Accessory Uses and Structures" portion of the Code. Hopefully, this will be easier for residents to reference and will help staff provide accommodations for those who want to build swimming pools. Jeff Tyler, Chief Building Official has assisted with this process. There will be a second reading/public hearing at the April 9 Council meeting. Ordinance 19-07 Authorizing the Acquisition of a Combined 2.221 Acres, More or Less, Fee Simple Interest, a Combined 0.668 Acre, More or Less, Permanent Easement, a Combined 0.025 Acre, More or Less, Temporary Construction Easement From Shamrock Crossing, LLC, Located North of West Dublin-Granville Road, City of Dublin, County of Franklin, State of Ohio, for the Shamrock Crossing Boulevard Extension, and Declaring an Emergency. Mr. Keenan introduced the ordinance. Ms. Brautigam stated this relates to acquisition of property for the road extension. Staff is requesting passage by emergency at the second reading/public hearing on April 9. Mr. McCash asked about the purpose for the request for emergency passage, as this relates to a private development. Ms. Grigsby responded that it is necessary in order to coordinate timing with regard to the developer's subsequent sale to another owner -the Lexus dealership. When Shamrock Crossing LLC owns the property, the City will then execute the tax increment financing agreement in keeping with the timing agreed upon. INTRODUCTION/PUBLIC HEARING -RESOLUTIONS Resolution 14-07 Appointing Members to the Various Boards and Commissions of the City of Dublin. Vice Mayor Lecklider introduced the resolution. He moved approval of the following appointments: reappointing Kevin Walter to afour- yearterm on Planning & Zoning Commission; appointing Christine Groomes to the unexpired term of Rayna Jones on the Planning & Zoning Commission; reappointing William Souders to a three-year term on the Architectural Review Board; appointing Tom Currie to a three-year term on the Architectural Review Board; reappointing Keith Blosser to a three-year term on the Board of Zoning Appeals; appointing Sean Cotter to a three-year term on the Board of Zoning Appeals; reappointing Robin Campbell and Melinda Carr to three-year terms on the Community Services Advisory Commission; appointing Patrick Costello to a three-year term on the Community Services Advisory Commission; reappointing Bridget Dritz to a three-year term on the Parks & Recreation Advisory Commission; appointing Ned McCoy to a three-year term on the Parks & RECORD OF PROCEEDINGS Dublin City Council e Recreation Advisory Commission; reappointing Alice Robinson-Bond to a three-year term on the Personnel Board of Review; appointing Kelli Lynn to a three-year term as the Council representative to the Dublin Convention & Visitors Bureau; reappointing S. Kay Wilhelm to a three-year term as the Council representative to the Dublin Foundation. Mr. Keenan seconded the motion. Vote on the motion: Mrs. Boring, yes; Mr. Reiner, yes; Vice Mayor Lecklider, yes; Mr. McCash, no; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes. Mr. McCash explained that he has concern regarding one of the appointments to Planning & Zoning Commission and what would appear to be a significant issue of probable conflict of interest. Council has had discussion in the past about appointing persons associated with the construction industry. Because the appointments are being done as one group, he has voted against the resolution. Resolution 16-07 Adopting the City of Dublin Goals for 2007-2008. Vice Mayor Lecklider introduced the resolution. Ms. Brautigam stated that at the study session last week, staff presented a draft version of the goals, based upon the discussion at goal setting. She indicated at that time that one of the goals presented last week, related to volunteer involvement in recreation services seemed to be a goal more for staff and not Council driven. Therefore, it has been removed from the list. Staff is open to any suggestions or additions to the goals as drafted. Mrs. Boring noted she was not in attendance at the study session. She asked Council if this document reflects the Council discussion that evening. Ms. Brautigam stated there was no comment, other than the input she received by telephone about removing the goal already referenced. Mayor Chinnici-Zuercher invited public testimony. Wallace Maurer, 7451 Dublin Road asked if any Council Members are aware of the status of the Ponderosa development. Mayor Chinnici-Zuercher stated she is not aware of any activity in regard to that situation. The residents are still living in the mobile park. Mr. Maurer wondered if anyone present has visited Minerva Park. He noted that Dublin is a very wealthy community and is able to do great things with its wealth. However, there is no affordable housing in Dublin, if that should become an objective. By affordable housing, he thinks of Minerva Park, which is stunning. There are no two houses alike, there are many trees, and yet it is highly dense. He wonders if there is any reason to consider affordable housing in some area of Dublin which would lend itself to the Minerva Park model. Mayor Chinnici-Zuercher suggested that Mr. Maurer attend a Planning & Zoning Commission meeting and bring this idea forward to them. Vote on the Resolution: Mr. McCash, yes; Mr. Reiner, yes; Mrs. Boring, yes; Vice Mayor Lecklider, yes; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes. Resolution 17-07 Authorizing the City Manager to Enter into an Agreement with the Ohio Department of Transportation (ODOT) for the S.R. 745 Resurfacing Project within the Corporation Limits of the City of Dublin, Ohio. Vice Mayor Lecklider introduced the resolution. Mr. Hammersmith stated that this is the final legislation for the resurfacing project on Dublin Road. Council approved consent legislation for this project in October of 2006. The costs are included in the legislation and the estimated 20 percent contribution for Dublin is $85,079.00. This is part of the ODOT District 6 Urban Resurfacing Program. Dublin is responsible for any partial depth pavement repair. Given the road's current condition, staff estimates that repair to be approximately $580,000. It will be done as part of the 2007 Street Maintenance Program. Staff recommends approval of the resolution tonight. The work would not begin until after the Memorial Tournament. He reminded Council that the rumble strips in the Historic District will be removed as part of this project. RECORD OF PROCEEDINGS Dublin City Council age 1 1 Mrs. Boring asked why they are being removed. Mr. Hammersmith responded that the City has received complaints from the businesses, and staff does not believe the strips are effective. Vote on the Resolution: Vice Mayor Lecklider, yes; Mr. Keenan, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mayor Chinnici-Zuercher, yes; Mr. McCash, yes. Resolution 18-07 Accepting the Lowest/Best Bid for 2007 Pavement Marking Services Vice Mayor Lecklider introduced the resolution. Mr. Hammersmith stated this accepts the bid for a contracted striping program. The low bid was A&A Safety, Inc. The City has worked with them previously in safety projects, but not engaged them as a contractor. Five references were obtained regarding their history and performance. Those references were very favorable. Staff is therefore recommending acceptance of their bid of $62,376.30 for cone-year contract. After that year, staff will evaluate their performance and if sufficient, it will be continued for an additional one to two years. Mayor Chinnici-Zuercher asked where this company is located. Mr. Hammersmith responded they have a local office. Vote on the Resolution: Mr. Reiner, yes; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes; Mrs. Boring, yes; Mr. McCash, yes; Vice Mayor Lecklider, yes. STAFF COMMENTS • Community Plan/Thoroughfare Plan Update/Potential Memorial Drive Bridge Ms. Brautigam stated that at the end of February, a preliminary draft of the Thoroughfare Plan was brought before the joint work session of Council and P&Z. One of the items contained was the preliminary recommendation that a bridge be constructed across the Scioto River at Memorial Drive. Over the last several weeks, staff has been hearing from members of the community about their concerns. Staff felt it would be proactive to have this discussion at a separate meeting, allowing the public to provide their input and comments and allowing staff to provide thorough information regarding the need for this bridge and its relationship to other roads and intersections in the City. Staff is suggesting that they make a presentation to Council on either April 23 or May 7. If Council would prefer that discussion take place at the April 30 joint work session, that is possible as well. However, the format of the joint work session would not allow input from the public. Staff is contemplating that Council may want to take input from the public at an earlier date. Mayor Chinnici-Zuercher asked for Council's preferences. Mr. Reiner noted he would prefer that a public meeting be held and the community invited to provide feedback on this topic. It is a major issue impacting some large segments of the City. The origin of the discussion of this bridge took place long before current members served on Council. Mr. McCash stated that the Plan was reviewed in 1997 and this is an update. He would support continuing the discussion, as it is important to keep options open for the future road network. Mrs. Boring noted she would support such a public input meeting. She noted that one of the traffic modeling runs is without the Memorial bridge concept and with Glick Road as a four-lane facility. Does this refer to Glick Road in Dublin or the Glick Road bridge? Mr. Hammersmith responded this refers to the Glick Road bridge. Mrs. Boring stated she does not understand why traffic modeling is being done for this, as the City has no control over the Glick Road bridge. Mr. Hammersmith responded that the Glick Road bridge shows up as a four-lane facility in both Delaware County's Thoroughfare Plan and also in MORPC's Transportation Improvement Plan. For these reasons, staff is including this modeling. Mrs. Boring noted that the City of Columbus owns the bridge, however, in spite of what other plans may contemplate. She believes it is a waste of time and money to consider this, because she does not believe Columbus would ever widen the bridge. Mr. Hammersmith responded that staff will ask that question before this run is scheduled. If the widening is not feasible structurally, it is important to know that. If it can never be four lanes for structural reasons, it needs to be modeled as a two-lane facility. Mr. McCash asked who would purchase the additional needed right-of-way from businesses in Shawnee Hills. Mrs. Boring added that it makes no sense to widen a bridge to four lanes only to funnel it RECORD OF PROCEEDINGS Dublin Citv Council March 19, 2007 age 20 into atwo-lane road. Mr. Reiner stated that he recalls that the bridge was to have an additional lane built, but the third lane was eliminated by the City of Columbus. Mr. Hammersmith recalled that the Columbus Division of Water actually paid for the last bridge improvement, so that is possible. Absent a funding partner for the additional width, it is unlikely they would have built a third lane. Mr. Reiner recalls it was to be a larger, gateway bridge. Mayor Chinnici-Zuercher asked for clarification. Is Mrs. Boring requesting that this portion of the modeling not be performed? Mrs. Boring responded that would be her preference. Mr. Hammersmith stated that the existing model has it programmed as a four-lane structure. This was done because of what is included in the Delaware County and MORPC plans. Ms. Brautigam summarized that in order to provide the draft Thoroughfare Plan in February, this modeling was included. Only last week did staff learn it was run as a four- lane bridge, not as a two-lane bridge. Staff is now trying to add a run with atwo-lane bridge, based on what will likely occur. Mr. Keenan noted that if the bridge will be run as a two-lane bridge, why not run it as a three-lane bridge? Mr. Hammersmith responded that the four lane and two-lane scenarios will provide the necessary information. Mr. Keenan stated that he supports a separate meeting to allow for public input. Vice Mayor Lecklider clarified that this would be scheduled at a regular Council meeting - on either April 23 or May 7. While he always supports additional public input, he is hopeful that the ultimate decision is made in the best interests of the entire community. Mayor Chinnici-Zuercher noted she is supportive of having this scheduled on either April 23 or May 7. She invited public testimony. Bob Fathman. Chair, Muirfield Civic Action Committee noted that he learned from the web site that this item was to be brought up tonight. He thanked Council for action taken at a previous meeting which eliminated consideration of any future westward extension of Memorial Drive. He noted that the MCAC remains extremely concerned about the Memorial Bridge and this "bridge to nowhere" has become a focal point of discussions at social gatherings. Some residents are very incensed about this, although others support the bridge to access various locations across the river. He has summarized some of their thoughts in writing and he distributed it to Council. Mayor Chinnici-Zuercher noted that the residents will have the opportunity to address Council at one of the upcoming meetings when this item is scheduled. She asked him to help clarify to Muirfield residents that the Memorial Drive bridge has been in the Community Plan for ten years - it is not a new concept. Only the concept of taking the Memorial Drive westward through Riviera was new. There have been signs in the Amberleigh subdivision about the future bridge location since it was first developed, so this should not be a surprise to anyone. The Thoroughfare Plan is a long-term plan and the decision Council will make will be for the long term -not for the next few years. Mr. Fathman responded that he is aware of this history. He has been informing residents of the ongoing Community Plan process, but he has not been generating any e-mails asking people to respond to this issue in any fashion whatsoever. Mayor Chinnici-Zuercher summarized that this topic will be scheduled for either April 23 or May 7 -based on the timeframe needed for staff to have the remaining preparation work completed. COUNCIL COMMITTEE REPORTS/COUNCIL ROUNDTABLE Mr. Reiner: 1. Thanked Ms. Puskarcik and staff for a wonderful St. Patrick's Day weekend. A person from Bristol, England was very impressed with the efforts of staff and the volunteers in staging this weekend celebration. RECORD OF PROCEEDINGS Dublin City Council Ma e 2. Commented in regard to his abstention on the rezoning matter, that he is doubtful that he has a conflict of interest on the issue. However, due to any possibility of such a conflict, he chose to abstain. Mr. Keenan: 1. Reported that a Veterans Project meeting was held on March 9. Tomorrow night and Wednesday are preview meetings with the artists. There are additional public input meetings on March 27 and 29 where people can review the proposals. 2. Noted that the Tax Incentive Review Council will meet on Monday, March 26 at 6 p.m. 3. Noted there is a U.S. 33 Corridor Executive Committee on Tuesday evening, March 27 in Marsyville Council Chambers. 4. Reminded Council that the Dublin Arts Council Garden Party fundraiser takes place on Friday at 6:30 p.m. at OCLC. He encouraged everyone to attend this fun event. 5. Noted that the Finance Committee needs to schedule a meeting for discussion of the Dublin Chamber of Commerce lease and for hotel/motel tax grant application review. He asked staff for the timeline for hotel/motel tax grant review. Ms. Grigsby responded that it is preferable to have the review prior to mid-April to avoid conflict with the income tax deadlines. Mr. Keenan stated he will propose some dates to the other Committee members to be confirmed with staff. Mayor Chinnici-Zuercher: 1. Noted that although it was cold, the parade and events were very well attended. 2. Commented that at some point, she would like to have a discussion regarding the continuation of the City's involvement with Blarney Bash. She recently learned it is not the City's intention to continue this event in 2008. Many people have mentioned that they are very surprised that the City would not continue some form of activity on this particular holiday. She understands there was some discussion at a past budget hearing where she was not in attendance. She wants Council to understand the recommended plan for the future use of this funding. She asked that this be included on the agenda for a future Council meeting. EXECUTIVE SESSION Mayor Chinnici-Zuercher moved to adjourn to executive session at 10:30 p.m. for discussion of personnel, legal and land acquisition matters. Vice Mayor Lecklider seconded the motion. Vote on the motion: Mr. Keenan, yes; Mr. Reiner, yes; Mr. McCash, yes; Mrs. Boring, yes; Mayor Chinnici-Zuercher, yes; Vice Mayor Lecklider, yes. Mayor Chinnici-Zuercher announced that the meeting will be reconvened following the executive session only for the purpose of formally adjourning. The meeting was reconvened and formally adjourned at 11:30 pm. ~(.~ Mayor - Clerk of Council