HomeMy WebLinkAbout03/19/2007RECORD OF PROCEEDINGS
Dublin City Council
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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
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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."
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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
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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
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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 &
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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.
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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
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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.
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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