HomeMy WebLinkAbout02/12/2001
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RECORD OE' PROCEEDINGS
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" Special Meeting of Dublin City Council Meeti~g~~'-PageMr-'-' .... '''''''''''''''''M,
DAYTON LEGAL BLANK INC, FORM NO, 10148
Held Febmary 12,2001 ,
(YEAR)
Mayor Kranstuber called the Special Meeting of Dublin City Council of February 12,
2001 to order at 7:00 p.m. He noted that the purpose of this special meeting is to discuss
the City's plans for land acquisition in the area north of Post Road, between Avery-
~ Muirfield and Emerald Parkway.
I
Roll Call
Council members present were: Mayor Kranstuber, Mrs. Boring, Mr. McCash, Mr.
Peterson, and Ms. Chinnici-Zuercher. Mayor Kranstuber noted that Mr. Reiner will
arrive very shortly, and that Vice-Mayor Adamek is detained in traffic in the Cincinnati
area and hopes to arrive as soon as possible.
Staff members present were: Mr. Hansley, Mr. Ciarochi, Ms. Grigsby, Mr. McDaniel,
Mr. Smith, Ms. Clarke, Mr. Hahn, and Ms. Puskarcik.
Mayor Kranstuber noted that approximately eight residents have signed in to testify. He
asked Mr. Hansley to have staff provide background information.
Mr. Hansley stated that in preparation for this meeting, a detailed packet was provided
by staff on the history of the Post Road area in general and Council's previous policy
direction. Staff has been operating under an informal policy of acquiring land for City
purposes, primarily for recreation and park, in the area north of Post Road and east of
Avery-Muirfield. The key strategy has been to acquire properties that have been placed
on the market, versus initiating a purchase by the City. The Rec Center site was the
exception. He asked Planning Director, Ms. Clarke to comment on the direction
provided in the Community Plan for this area.
-
Ms. Clarke stated that the Development Director requested that Planning staff provide a
memo explaining how acquisition of additional properties for parkland would fit in
along Post Road. This memo was included in the packet.
1. She noted that Post Road is designated as a scenic roadway in the Community
Plan; the properties are located along the south fork of the Indian Run, and the
south and north forks of the Indian Run have been designated as areas for
acquisition in the Community Plan. The City has been successful in expanding
these areas, and the location of the Rec Center in this area resulted in the
additional purchase of land for the facility and for parking. An important
element of the Community Plan was the civic center study which focused on
creating a central campus within Coffman Park for a future City Hall. A couple
of plans were presented to Council two years ago which demonstrated how a City
Hall could be located within Coffman Park, as well as how to change the focus
slightly and create a park that would remain park-like as the population expands.
Council then adopted the central park concept and proceeded to secure additional
land under contract for a future City Hall. At this point, the new City Hall is not
yet programmed in the five-year CIP.
2. There are a series of statements, dating back to the Northwest Quad plan which
was prepared by Godwin-Bohm for the Village of Dublin, affirming the
importance of acquiring parkland along the Indian Run. Incrementally, those
- open spaces have been acquired along the streams as opportunities presented
themselves. Several opportunities have recently arisen along Post Road, and
staff has responded pro actively by recommending that Council purchase land
such as that owned by the Farrells, the Nyrops and others. Council has
proceeded with purchase ofthose properties. The goal has been expanding the
park to assure that the park is large enough and open enough to serve a
population which is estimated will double in the future. In addition, Council has
long expressed the need and desire to have undeveloped land, land in public
domain, in areas where the people are located. Therefore, purchasing land in
outlying areas has not been Council's goal, but rather expanding upon those
parkland areas located central to the population base.
3. Staff has recommended a number of acquisitions because there were willing
sellers, and because the acquisitions were consistent with the policy statement -
the Community Plan - as adopted in late of 1997. Acquisition in this area
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Special Meeting of Dublin City CounciTfVr-eetTng"""-""p'age-:2""'"'' .. "''''''''''
DAYTON LEGAl BLANK INC, FOAM NO, 10148
Held Fp.brll(1ry ] 2,2001 ,
(YEAR)
supported preservation of scenic roads and corridors. She concluded by stating
that the land assembly for Coffman Park is an important outgrowth of the
Community Plan.
-
Mayor Kranstuber asked that the residents present be provided with copies of the
materials which were given to Council, if copies are available. He then suggested that
public testimony be taken, noting that Patrick Costello has signed in to speak.
Chris Cline. 6060 Post Road stated that the residents would prefer instead to hear from
Council prior to giving testimony, as the residents are not aware of what is planned for
this area.
Mayor Kranstuber responded that Ms. Clarke has outlined the City's policy in terms of
land acquisition along river and stream corridors. Council has been fairly aggressive in
acquiring properties in these areas as they become available. He added that Mr. Cline
has indicated to him that the land acquisition plans are being carried out without input
from the public. Therefore, tonight's meeting has been scheduled for the residents'
benefit, to allow an opportunity for input from the residents on whether the City's policy
should continue or should be modified. Council's goals from the last two years are
included in the packet. They include establishing policies to preserve open space and
river corridors, and to continue a program of parkland acquisition. In addition, surveys
of the community indicate that these are high priorities for the residents as well. Council
has been responsive to residents concerns, i.e., such as the impact on adjoining
residences of parking lots to serve the Rec Center. Council must also make decisions
based on the long term good for the community in terms of acquiring parkland. They
- will try to make this process as palatable as possible for the residents.
Pat Costello. 5886 Post Road. President ofthe Post Road Civic Association stated that
part ofthe issue for residents is the uncertainty of the City's plans. Other than the
Community Plan, there is no formal plan to guide the residents in future decisions about
their properties. While they understand the City's needs for green space, the Post Road
residents observe that the Halloran property buildings have fallen into disrepair since the
City acquired the property. The Farrell property was purchased for additional parkland,
yet a year later, it was proposed for additional parking and roadway to serve the Rec
Center. The lack of a concrete plan impacts residents who may wish to sell their homes
to someone other than the City. Young families will not buy these properties with
uncertainty about the future of the area.
Mayor Kranstuber responded that he doesn't understand how a property owner is harmed
if the City is willing to pay equal or more money for the property than would another
potential buyer.
Mr. Costello responded that he views Post Road overall as a neighborhood. The
residents were told that the Farrell property would be a park, but instead the City is using
it as an office building with heavy traffic over the driveway entrance. If the City's intent
is to use the Halloran property as parkland, they should take care of the buildings and not
let them fall into disrepair.
~
Mayor Kranstuber suggested that, assuming the City continues the policy of acquiring
desired properties, it may be more palatable to adopt a policy that as the properties are
purchased, the houses will continue to be used as residences for a specific period of time,
or until all properties are purchased.
Mr. Costello indicated that he still would request a plan from the City. The City
purchased the Halloran and Farrell properties at $50-55,000 per acre, which were
exemplary buys. Purchase of a parcel of 1-1-1/3 acres with a fully developed home
could potentially cost $225 - 450,000 for an acre of property. From a taxpayer's
standpoint, he doesn't see this as a good investment for the City. These are income-
generating homes for the City, and the cost to acquire these properties is prohibitively
expensive in the view of taxpayers. He would like to see a detailed plan regarding the
use of this land that is to be acquired.
1.:1 ,
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DAYTON lEGAL BLANK INC. FOAM NO. 10148
Held Fp.nrnl'lry 1?, 1001 ,
(YEAR)
Chris Cline. 6060 Post Road stated that he has owned his property since the late 1970's
and has built his own house to provide his family with the sense of horne that he did not
- have as the son of a career military officer.
1. They have had many opportunities for development, but have turned these
down. They made a commitment to open space by purchasing two lots. They
are committed to staying on their property, and have always understood that
some compromise would be needed due to their location in the middle of the
linear green space that is the Indian Run Meadows Park. They understand the
City's need to bring the bikepath across their property at some point.
2. He views this as a planning issue which involves discretionary expansion and
acquisition of municipal facilities. Staff has been pursuing this goal behind the
scenes for a long time; he does not agree that this has been an open process, as it
has only been in the past couple of years that the Halloran and Farrell properties
have been purchased. He takes issue with the description of "willing buyers"
and "willing sellers," as the ability to develop land is controlled by the City. As
a consequence, the options of whom a landowner can sell to and what the land
can be used for is limited by the controlling of those opportunities. The City,
therefore, is in a superior negotiating position.
3. There is no plan or study for this - the City is merely purchasing land here
because it is available and because the City has a lot of money. Normally, for a
planning exercise, objectives are set and then ways and means to achieve them
are adopted. The Karlsberger Plan of 1989, which is not what was included in
the packet for tonight's meeting, set into place the Coffinan Park land plan for
the area south of Post Road for municipal facilities. This was implemented with
- the purchase of the Thomas property within the last year. He has no objection to
acquiring that land or even the land all the way up to Commerce Parkway,
particularly if, as a result, Post Road is interrupted on the eastern end. There
would still be full access to the Rec Center, but it would take Post Road out of
the mainstream movement of traffic east and west, improving the viability of the
residential environment on Post Road.
4. Council needs a better objective than simply acquiring land. Council has already
acquired very useful green space all along the Indian Run stream corridor, out to
the Lowell Trace and to the Post Preserve. All of this has happened not by
municipal acquisitions, but simply as dedications which were a product of
development. Letting nature take its course would result in significant additional
resource without expenditure of municipal funds.
5. In terms of the harm to the neighborhood in selling their homes, all of this ties
together - the neighborhood determines the viability of individual residences.
Homeowners improve homes based on what they believe the future holds. Large
lots such as those on Post Road will support significant improvement to homes,
as has been done in several cases. The neighborhood and amenities will support
the additional investment. Post Road residents do not plan on relocating, but
plan to improve the homes they have.
6. He noted that since 1993, the Post Road residents have been requesting a plan.
Staff indicated that this plan would be done as part of the Community Plan. The
~ area designated for expansion of Coffinan Park was in the Community Plan, and
their neighborhood was designated as residential. The residents are now
surprised at what is taking place. Why can't Council adopt a policy that in
expanding the open space, that the City will consider and work with the
neighborhood to the degree that it is achievable?
7. An additional question is how much open space does the City need, and to what
extent is the acquisition of these few remaining homes achieving whatever that
objective might be, other than "we want it" in terms of what is important to this
City?
8. Regarding the scenic designation of Post Road, he does not view the
developments on the south side of Post Road, such as Checkfree or Metatec, as
"scenic." The single-family lots along Post Road are certainly not any more
"scenic" than other areas ofthe City. The truly scenic portion of Post Road is the
Cline's three acres, the Kinman's seven acres, and the 12 acres previously owned
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Special Meeting of Dublin City Council Meeting "Page 4 "",,' '" '"''''''''''''''
DAYTON LEGALBL.ANK INC. FOAM NO. 10148
Held Fp,hm::lry 1), )001 ,
(YEAR)
by the Hallorans. He does not believe this constitutes a scenic roadway. He has
worked hard for the City, and he believes that the City owes his family better
treatment than they are being given in terms of respect for their neighborhood
~ and respect for the commitment they have made to the City.
Mr. Peterson noted that Mr. Cline has observed that much of the property along the
corridor was acquired through dedication by developers and that if the City were patient,
there would be more. Does he mean additional dedication by developers of the
properties under discussion now, and would that entail additional development on those
properties?
Mr. Cline responded that there is only one other development piece remaining - the
Kinman property to the west of his. Left to normal devices, the City would likely end up
with five ofthose 7-1/2 acres for parkland at no cost to the City.
Mr. Peterson stated that under that scenario, a developer would likely seek approval of
multi-family development on two acres out of the seven, in order to consider dedicating
five to the City as parkland along the stream.
Mr. Cline agreed. He added that he has indicated to several Council members that they
are willing to work to get the bikepath across these properties. His vision is to continue
the bikepath system to the Halloran property across the Kinman property, across his,
connecting to the Wadsworth property, crossing the creek to the Rec Center. The land is
not suited for active recreation, but would be useful for bikepaths. Any development
would likely be concentrated on the flat, higher ground pieces, with the rest as parkland
dedicated to the City.
Mr. Reiner asked Mr. Cline for his comments regarding Columbus' efforts to increase
-. the size of floodplains along streams.
Mr. Cline responded that the development community believes this is excessive. Dublin
is already cutting edge for this issue.
Mr. Reiner noted that the Indian Run stream was included on the Columbus map for this
proposed watershed plan.
Mr. Cline stated that the limitations proposed by Columbus are excessive.
Mr. Reiner stated that if that policy were enacted, many property owners would be
precluded from adding on to houses located along streams.
Edith Driscoll. 6230 Post Road stated that while their property is not in the target area at
this point, their time will likely come. She believes that it is questionable urban
planning when a neighborhood needs to be demolished to replace it with trees and grass.
She does not believe any CEO coming to Dublin would be discouraged from moving to
Dublin because of six homes on the north side of Post Road. The issue boils down to
whether trees and grass are more important than a viable neighborhood. The Post Road
community is very viable and they do not desire to be phased out.
Robert Layman. 5868 Post Road stated that he moved to this beautiful location of 1-1/3
acres with a pond in 1983. It remained this way about five years. Surrounding
development has impacted the homeowners on Post Road. The Post Road residents have
not been involved in decisions made by Council in this regard. Traffic problems have
-. continued to exist, promises have been made but never fulfilled by the City. Tonight's
meeting seems to be one-sided with a Council who does not demonstrate that they care
about families along Post Road who continue to experience serious traffic issues. He put
a "For Sale by Owner" sign in his yard, but there is a lot of skepticism about what will
happen in the future for this area. He left messages for the Planning Director about
whether the City would have interest in purchasing his property, but he did not receive a
response. He then listed his property for sale and received an offer over the weekend
from a buyer who wants to use the house for a four-person office. City officials told
them they could not obtain rezoning approval, and further told them that the City wants
to purchase the property at some point in the future. He views Council as taking an
aggressive approach to achieve their agenda, yet not responding to the citizens and
taxpayers.
Mayor Kranstuber asked ifMr. Layman has subsequently made contact with someone
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Special Meeting of Dublin City Council Meeting""'~Page-5H"""""" ' ''''''''''''''''
DATION LEGAL BLANK INO, FORM NO. 101411
Held Febn18ry 1 ? 7 7001 ,
(YEAR)
from the City about purchase of his land.
Mr. Layman responded that he has spoken with Mr. Smith.
Mayor Kranstuber stated that the issue involved may have been one oftiming. Council
- had scheduled this meeting for an open discussion of acquisition plans, and staffmay
have been reluctant to make any commitment to residents prior to this meeting. He
added that any proposed office use in this location would also be problematic for
Council.
Mr. Reiner noted that he served on Planning & Zoning Commission from 1980 to 1988,
and the north side of Post Road was always planned for either parkland or to remain
single family. That has not changed. Mr. Layman's desire for a commercial rezoning
may be a great financial opportunity for him, but would not be good for the rest of the
neighborhood.
Mayor Kranstuber stated that the City does not want to leave these residents with an
uncertain future. In another case, the City purchased the homes along Jenmar Court due
to the impact the future Emerald Parkway would have on them and their inability to plan
for their future. Several homes along David Road were also purchased by the City
because ofthe construction of the electric substation in this area. Assuming Council
goes forward with their existing policy of land acquisition for Post Road area, the
residents will not have a cloud after tonight - they will know that the City is a willing
buyer when they are ready to sell. He emphasized that the City does want their land, and
will do what they can to mitigate the impact acquisition will have on the remaining
properties. This is a long-range process, and it may take 10 to 20 years to complete.
He added that any requested zoning change in this area, such as that Mr. Layman alluded
.....--. to would not be supported by Council, as Mr. Reiner has indicated. In terms of the
possibility of acquiring land through the development process, these properties are
already developed and therefore acquiring land through that process is not feasible.
Mr. Layman emphasized that his concern was with the lack of response to his phone
calls. Secondly, the speeding issue along Post Road has been an ongoing problem which
the City has not addressed. He has little faith in City officials' commitment to carry
through on this plan in view of what has happened in the past. He then invited his
realtor, Barb Northrup of HER Realtors to comment.
Barb Northrup. HER Realtors testified that she did a thorough investigation prior to
listing Mr. Layman's property six weeks ago in order to provide potential buyers with
correct information. They did approach the City back in November or December
regarding potential purchase, but did not receive a response. They were told at a later
time to contact Mr. Smith, and his response was that they should wait - that the City
might be willing to talk about an offer in the future. She has been contacted by other
homeowners in the area regarding marketing of their properties. It has been difficult-
the articles in the paper have not helped. The first legitimate buyer has a four-person
telephone business in the financial services field. This would not be a commercial use,
and the house would stay as is. City staff told him, however, that this use would not be
permitted.
-
Mayor Kranstuber responded that the issue involved is that a buyer wants to convert this
property to a business use. As a neighbor, he would not want a business/commercial use
next door. There is a process in place for this, but this would likely not be approved.
Ms. Northrup noted that a speedy remedy is needed for this situation. It is impossible to
market these homes as R-1 at this time. Council needs to clarify the City's intent so that
the homeowners can make decisions for their future.
Mayor Kranstuber stated that, assuming that Council affirms the existing policy
regarding land acquisition tonight, his expectation is that Mr. Layman will be contacted
within a short time regarding the City's offer. It is simply a matter oftime.
Mr. Peterson commented that his view is that any Post Road property would be even
more marketable with an adjacent vacant lot which the City has acquired as parkland,
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Special Meeting of Dublin City Council Meeting Page 6
DAYTON LEGAL BLANK INC. FORM NO. 10148
Held Fehm::Jry 1?, )001 ,
(YEAR)
versus an adjacent vacant lot owned by a developer and potentially developed in the
future as multi-family or commercial.
"...,... Ms. Northrup stated that her opinion is that open land around a property can always be
rezoned, and that would be her advice to a client considering purchase.
Mr. Peterson stated that in this case, the property would be owned by the City and the
commitment would be that it would be parkland.
Ms. Northrup stated that the Post Road homeowners' issue is that there is no definite
plan, and they don't know what the future will be. Had the City responded to Mr.
Layman's phone calls in November/December, she would not have listed the property at
a later date. But because ofthis uncertainty, Mr. Layman has proceeded with placing his
home on the market.
Mayor Kranstuber stated that, assuming the City purchases these properties and that
there will be no development on them other than parkland, how would that be
detrimental to the value ofthe remaining properties?
Ms. Northrup responded that a park is a plus, but because ofthe businesses on the south
side of Post, the properties are not as marketable.
Mayor Kranstuber stated that this is a transitional area with many business uses located
south of Post to Perimeter, and because of that commercial and industrial use nearby,
traffic is drawn to this area. There is only so much that can be done to mitigate traffic
impacts in this area. He doesn't see inconsistency in the City's policy in this area - the
City is trying to maintain a greenbelt in the center of the populated area for future use.
-
Mr. Costello commented in regard to office/commercial use for these properties that the
City purchased the Farrell property for parkland use and then proceeded to renovate the
building and use it for an intense office use.
Mr. Hansley responded that the City engaged in a rezoning process for this property, and
it was approved as a temporary use until such time as City Hall is built. The Community
Relations Center is then to be converted to a park or nature facility.
Valerie BergdalL 5886 Post Road stated that as a Director at OSU, she oversees a large
budget and when a request is made for a large sum of money, it is standard procedure to
submit a plan outlining the specific costs, the benefits to the organization, etc. City
Council needs to look at this issue from that standpoint as well, as what is being
proposed is spending large sums of money to purchase developed property which is not
in the Community Plan to be acquired for parkland. This will cost in the neighborhood
of $200-300,000 per acre to obtain. As a taxpayer, it is critical for Council to justify this
expenditure with a plan. Issues to be considered are whether it will be passive or active
recreation, or just greenspace. Council should consider the negative aspects as well -
what it will do to the families in the neighborhood in terms of opportunities to play with
other children who live nearby. They have been good stewards of the park area and the
floodplain, cleaning up after storms and taking care, unlike the City property which is
- regularly covered with debris due to a lack of daily care. They don't want empty houses
sitting next to them. The Halloran property is a detriment - the gutters are falling down,
and the back buildings are in disrepair. They also do not want renters in the adjacent
properties, as renters are generally not willing to make the commitment to care properly
for the properties. Their request would be that the City tear down the buildings on the
properties in a timely fashion, if the properties are to be purchased. They do not plan on
moving for quite a few years, so what level of future investment should they make to
their homes? At what point do these improvements become not viable because the City
will not give them the return on their investment as would a buyer for residential usage?
Who will determine the fair market value for these properties, and will it be based upon
that house as a residential use or as a residential house the City wants to purchase in the
midst of other areas? They are concerned about losing their neighborhood. She asked
that Council take into consideration the negative impacts their action will have on their
neighborhood as well as what the City will receive in return for this investment.
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Special Meeting of Dublin City Council Meeting-""m'Page7""-,m,, . ,."''''",,,,'''
DAYTON LEGAL BlANK INC. FORM NO. 10148
Held Fp-hml'lry 1?, ?001 ,
(YEAR)
Mayor Kranstuber stated that he would support having a written policy addressing the
fair market issue and property improvements. He asked Mr. Hahn to comment on the
~, plan for this park area, understanding that specifics would not be known at this time.
Mr. Hahn responded that in recent years, the focus for Coffman Park has been active
components. When looking to the future, he envisions a more balanced community
scale park with more passive attractions, focusing on the stream corridor. He doesn't
envision additional active components as seen today in Coffman Park, but a more
naturalized enhancement of the stream corridor.
Mrs. Boring stated that under a scenario such as a corporate transfer for the Costellos, a
realtor could potentially recommend listing their property at a price close to $350,000.
The Costellos could then give the City the opportunity to make them an offer, and the
City could potentially purchase it at their asking price. What would be the Costello's
objection?
. Mr. Costello responded that while this could certainly happen, his concern is not with
maximizing his profits but with the neighborhood. Why can't these properties co-exist
with such a passive park plan? Why not leave the homes intact?
Mrs. Boring asked what Mr. Costello would do ifhe were a Council Member and was
approached by the City Manager in regard to purchasing a home along Post Road
offered for sale to the City.
Mr. Costello responded that he would expect to have a plan presented to him before
making any decision on an individual property purchase. He viewed the Karlsberger
-. plan when he purchased his home in 1994 to determine whether the City had plans to
widen Post Road into a four-lane road.
Mayor Kranstuber stated that at this preliminary stage, it would seem a waste of funds to
commission a plan for a date so far into the future. The concept is for passive park, but
details at this point, prior to land acquisition, would be premature.
Mr. Costello stated that if, in fact, the City will not have a plan until all ofthe land is
acquired, the City has effectively "hamstrung" these residents into selling to no one
other than the City. Potential buyers would not purchase these homes for a viable
residence into the future. His question is why these residences cannot co-exist with any
City plan for passive parkland along the stream. From a business standpoint, he would
like to know the plans. In terms of rezoning, he doesn't envision that as a possibility.
Mayor Kranstuber stated that even ifthis Council commits to a plan at this time, a new
Council could in the future modify such a plan. There are no guarantees in terms of the
plans for the land to be acquired.
Mr. McCash stated that, in terms of the importance of a plan for marketing of an existing
house, there is a considerable difference in being surrounded by a passive city park and
an active skateboard park or similar use. It may not be desirable to be located adjacent
-- to an active park.
Mayor Kranstuber stated that the difficulty in preparing a plan for the park at this point
is that it may be outdated in three to five years.
Mr. Reiner commented that he envisions this as a passive park, especially in view of the
concern about drinking water and the area-wide movement to protect the floodways
along the creek.
Mr. Costello again emphasized that the City's track record for this area shows that they
have taken what was to be open space and converted it to office space and parking lots.
Mayor Kranstuber responded that his point is well taken. In terms of special events, at
some point they can overwhelm the community. Council has struggled during budget
meetings with the size of the Irish Festival. There comes a point when it may be too
large, and the issue is how that can best be addressed. Mrs. Boring has long expressed
RECORD OE' PROCEEDINGS
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DAYTON LEGAL BLANK INC. FORM NO. 10148
Held Fehruary 12, 2001 ,
(YEAR)
concern about the impact of special events on the surrounding neighborhoods. Perhaps
Council could adopt a policy that until such time as all of the homes are purchased, the
parkland will remain completely passive.
,........,
, Mr. Cline stated that the Post Road area is a transitional area and there has been
uncertainty about the viability of this residential neighborhood. 'They want Council to
- affirm that this is a residential neighborhood, that it will remain a residential
neighborhood, and that this will be taken into consideration as future municipal choices
are made. Staffhas "fought them tooth and nail" on that. For residents who live in
subdivisions with smaller lots, there is an implied commitment that those areas will
remain residential. He noted that with Homestead Communities developing on the south
side of Post, and with Perimeter extension nearly complete, there is a strong possibility
that the Karlsberger plan will be implemented, in terms of Post Road being interrupted
simply because it makes sense to keep the critical mass together and not to bisect it with
a major road. With the City's affirmation that this is the Post Road residential
neighborhood, and that it will not become commercial or be consumed for park, Council
will then see a revitalized and successful neighborhood that will continue into the future.
Mayor Kranstuber stated that what Mr. Cline is asking for is a commitment that this will
be a residential neighborhood. What Council is focusing on tonight is whether the City
intends to purchase these six or seven houses for parkland.
Mr. Cline stated that the fact that the City has refused to affirm that the Post Road
neighborhood is a viable neighborhood and that it will be a planning consideration for
future municipal choices has placed a cloud over their properties.
-
Mr. Peterson suggested that an additional commitment could be that any property that
the City acquires will remain as open as it is presently and will never be developed as
any more of an active park.
Mr. Cline responded that is fine, but when he told neighbors what was to happen with
the Farrell property, he indicated that it would be parkland and would also be used for
overflow parking for the Irish Festival. As it turned out, that was a misrepresentation.
Mayor Kranstuber stated that this commitment could be put into writing by this Council
in the form of a resolution.
Mr. McCash pointed out that this Council cannot bind a future Council.
Mr. Peterson stated that there is a limit to what Council can do in that regard. There is
always change. He believes that the residents should be left alone, if that is their desire.
If there is a willing seller, the City should consider purchasing that property. It would be
irresponsible for the City to allow it to change hands and not have an active role in what
is being done with the property. He envisions the land as being left as is and being used
as passive parkland. Selling it to another owner or developer other than the City seems
to create more uncertainty for those who remain.
Mr. McCash stated that it may be preferable to bind future Councils by allowing the
property to remain in the hands of the private residents - that Council will buy it as
~, single family, use it as single family, and work out a less expensive way of achieving
connections for the bikepath, such as conservation easements or whatever. Future
.",~ Councils could then not turn this land into skate parks or other active parkland, and the
City could still obtain the bikepath connections it desires.
Mayor Kranstuber stated that the goal of Council is to assemble a large, central
community park.
Mr. Cline asked for what purpose? This is a planned community, and normally, Council
has a plan they are trying to achieve.
Mayor Kranstuber stated that in every survey done, residents have always supported the
City's efforts to have open space - urging the City to buy parkland, protect the natural
areas, etc.
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Special Meeting of Dublin City Council Meetlng~"'-P~age~9""-' " "',' ,"''''"'''''',,
. 1
Held F~hm>try 1 ?, ?001 ,
(YEAR)
Mr. Cline stated that the Mayor is not being honest. Council is buying land and calling
it parkland, but what they are really doing is banking land for future municipal purposes.
When the Farrell property was purchased, the adjacent residents on Tara Hill were
~ pleased that this purchase would provide parkland behind their properties. What resulted
was very different.
Mayor Kranstuber stated that this effort also falls in the category of creating an identity
for the community. Many other cities have a large central park with municipal facilities
and open space. He believes that citizens would support this effort by Council. The golf
course development in the southwest has also resulted in displacement of some residents
in the interest of creating more parkland and open space. Council has to focus on the
long-term future benefits for Dublin.
Mr. Cline stated that this is not a Jenmar Court situation, nor a David Road situation
where there were big negatives. There is absolutely no reason why the City cannot
achieve all of its open space goals and have quality residential development that
everyone is satisfied with, and that it co-exists peacefully with the open space goals of
the City. The residents can work with the City to achieve the goal while keeping their
homes.
Mr. Reiner stated that over the past 22 years, Mr. Cline has defended this neighborhood
as a single-family residential area. He does not see anything incongruous about this
current effort. The City parkland was expanded in the area when opportunities arose,
and the City has continued to protect the single-family residential character of the area as
the residents have requested. The area was always intended to be park or a single-family
~ housing, and this has not changed. He views the City's willingness to purchase the
properties as essentially an insurance policy for the property owners. No one is being
forced to sell to the City. Having parkland around a home adds value to the home. The
concept of intensive development is not acceptable, especially in view ofthe floodplain
location. He does not see this as an onerous burden upon the property owners.
Mr. Cline stated that if the City would take a "hands off' approach, not work to erase the
neighborhood, affirm it as a viable neighborhood, and commission a planning study such
as that done for Bright Road, the neighborhood would be much better off. But if the
City indicates that the goal is to acquire the properties, then a cloud is created which will
inhibit future investment in the homes and the future potential of the area.
Mayor Kranstuber stated that it is not a "cloud" ifthe City purchases the property for its
market value. Language can be drafted to address a situation where major improvements
are made to a property. Council's major policy decision is whether to create this central
park, and if so, perhaps a committee could be established comprised of Council, staff,
and residents to assemble a wish list. Council's intent would be to make sure the City
keeps its commitments, that the property owners receive fair market value, that there are
no intensive uses for the land, and that the houses are not rented, etc.
Mrs. Boring stated that taxpayers do support the City's purchase of parkland. But to
-, compensate these property owners for future improvements to their properties would be
a separate issue, because of the costs of doing so. The other issue is that the City has
used some acquired properties for other than parkland, based upon needs and
practicality. This is a valid concern. She is not sure that the price per acre makes sense
for the taxpayers, nor is she certain what future Councils may do. With a growing
population, the City's needs for recreational facilities could also increase, so it is hard to
make a commitment to bind a future Council about the use of the land. In any case, she
believes it would make sense to establish a maximum amount for purchase of this land.
Ms. Chinnici-Zuercher stated that the City has not really lived up to its past
commitments, such as in the case of the Farrell property when other needs arose for the
property. The City has not involved the residents and communicated with them
consistently, and so residents don't believe they can rely upon the City's commitments.
This is a growing and changing community, and so what is viewed as reasonable today
RECORD OE' PROCEEDINGS
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DAYTON LEGAL BLANK INC. FORM NO. 10148
Held Fehmary 12, 2001 ,
(YEAR)
may not be viewed that way in the future. Council does have a responsibility to engage
the community in that change process. This has not happened. Secondly, in terms of a
plan or lack of a plan, she is not personally supportive of spending thousands of dollars
- on such a plan at this point in time. Unless the City is going to implement the plan, it is
premature. Personally, she would prefer to have a more defined concept in order to better
assess the needs. Perhaps only an easement is needed along the waterway, not all of the
acreage. Staff has previously discussed with Council the use of existing houses or
structures to accommodate City needs for storage or office space until City Hall is
constructed at a future date. Therefore, housing, if left intact, will accommodate
expansion needs until future buildings are constructed. It also means that existing
residences could experience increased traffic into the area during this transitional period,
assuming the houses are to be used for these other purposes. She would like to see a
meeting of staff, Council reps, and residents to discuss a conceptual plan for this area.
This would allow the City to move forward in a more reasonable manner.
Mayor Kranstuber questioned the practicality of drafting a plan until Council makes a
determination regarding how big the park will be.
Ms. Chinnici-Zuercher stated that staff would likely recommend that the parkland
include all of the acreage proposed. If the interest is in the stream, perhaps a smaller
portion is all that is needed.
Mayor Kranstuber stated that his concept is assembling a large area of central city green
space, as envisioned in the Community Plan. He does not view this as simply protecting
the stream corridor.
Mr. Peterson stated that in view ofthe long-term nature ofthis plan, it would not be
~ unreasonable to combine some type of easement across the existing properties with the
properties already owned by the City. This would provide some degree of finalization
when and if the City owns all the parkland they eventually want to own.
Mayor Kranstuber stated that the cloud relates to not knowing how big Council intends
the park to be.
Mr. McCash stated that a cloud exists relating to the use of the parkland as well as the
size. He is confused about the plans over the past 20 years for this area which indicate
that the area will be used for single-family purposes. In 1997, the Community Plan
established it again as residential. At what point in time did the intent change to having
it become a public park? Keeping it as single family, large lots preserves the rural
character of the neighborhood without any cost to the City. In terms of a request for a
rezoning from residential, anyone, even the City, can ask for this change. Receiving
approval would be unlikely. The requests of the residents tonight to preserve their
neighborhood is totally consistent with the Community Plan.
Mr. Reiner stated that this has been a very vocal neighborhood which has always
defended the single-family nature of the neighborhood. As opportunities came along to
purchase land to extend Coffman Park, the City did so. No one has ever had plans to
demolish the neighborhood. As people moved, the City was able to acquire greenway in
this area.
-
Mr. McCash stated that if the City purchases the Kinman and Cline properties with the
intent of keeping this as passive park, and then more parking space is needed for the
Irish Festival, the impacted neighbors now include those on Conquistador Court and
Ketchum Court who may claim that the safety and serenity of their homes has been
compromised. If the City wants to keep this land as open space, there are other ways to
do so that are less expensive, such as conservation easements or an amendment to the
Community Plan.
Mr. Reiner responded that he sees nothing objectionable in stating that this area will be
single-family and protected. It is also a great safety net for the property owners to know
that the City is a willing buyer in the future. He doesn't see a large "cloud" - he sees
instead the opportunity to live a unique lifestyle, surrounded by greenway on a drainage
area which may not be habitable in the future should regulations change.
-
RECORD OE' PROCEEDINGS
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Special Meeting of Dublin City'Coun'C1TMeetIn:g''''''''Page'TT~'''''''.. ."".",,,,,
DAYTON LEGAL BlANK INC. FOAM NO. 10148
Held Fehm~ry 1 ?" ?001 ,
(YEAR)
Mayor Kranstuber stated that there has been past interest in multi-family development in
this area, such as that requested by the Hallorans. He has heard that the Kinmans are
- considering selling to a developer. If Council wants to maintain this area as single-
family, many residents may oppose this limitation.
Mr. McCash stated that the Community Plan already indicates residential for this area.
Why not take these funds and spend them on a more endangered natural resource area in
the City - such as land along the Scioto River or heavily wooded land.
Mayor Kranstuber stated that he is not certain that is what the residents want to hear
tonight.
Mr. Reiner agreed with Mr. McCash, and recommends doing an overlay district on the
north side of Post Road for a single-family residential area. If land becomes available,
the City would have the right to purchase it as would any other buyer.
Mr. McCash stated that the residents have other valid concerns such as traffic. Past
plans have looked at whether or not Post Road should be maintained as a through street
or turned down into Commerce Parkway. Perhaps this should be considered as part of a
long-range plan for the area.
Mayor Kranstuber commented that he senses somewhat of a "shell game," and that a
year from now, a developer may be proposing a multi-family rezoning for some of this
same land.
- Mr. McCash stated that as part of the commitment, deed restrictions could be placed on
the properties indicating that they cannot be used for multi-family.
Mr. Costello noted that the City likely has a better chance of receiving approval of a
rezoning to office than would a private property owner.
Mr. McCash stated that the City is actually not required to go through a rezoning process
for land it owns.
Mayor Kranstuber asked if Mr. Cline is willing to agree to deed restrictions that the
property will remain single-family residential.
Mr. Cline responded that what Mr. Reiner has suggested is two negatives. Personally,
he has stated that he and his wife own two lots and have no intentions of developing
them. What Mr. McCash has suggested is a conservation easement where the City
would purchase the right to keep a property owner from doing certain things on their
property.
Mayor Kranstuber and Mr. Reiner disagreed, stating that what they understood was that
it should simply be zoned single-family rural residential.
Mr. Reiner stated that for two hours, he has heard people testify that they love their
homes and want to stay in their homes. He hopes that he won't be told now that they
~ want to sell their properties to a developer to be rezoned to multi-family.
Mr. Cline stated that he has had these kinds of opportunities and has rejected them.
Mr. Reiner stated that Council and Planning & Zoning Commission have long protected
this area to keep it single-family residential. He hopes this is not in fact a "shell game"
and that the residents are truly interested in protecting their homes.
Mr. Cline stated that the residents are not willing to agree with the component that
Council wants to eventually acquire all of their properties as parkland, thereby
effectively eliminating the neighborhood. The neighborhood's value is protected when
the City's ultimate desire is not to eliminate the neighborhood.
Mr. Reiner noted that the City is not after their properties per se. There is no way to
-
RECORD OE' PROCEEDINGS
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, Special Meeting of Dublin City Council Meeting Page 12
DAYTON LEGAL BLANK INC. FORM NO. 10148
Held Fp,hmllry 1?, ?001 ,
(YEAR)
prevent the City from being a potential buyer of a home on the market. He believes that
the guarantee of a single-family overlay district for this neighborhood is what the
neighborhood wants and what he personally is willing to do.
-
Mr. Cline stated that he is requesting the same thing he requested in 1993, in 1995, and
in early January - for a declaration that this is a viable neighborhood, that it is not the
intention ofthis City Council to eliminate it. That is what he wants and what he thinks
most of his neighbors want. As long as a cloud continues to exist of the City desiring
acquisition oftheir properties, the neighborhood no longer has the same vitality or
potential.
Mr. McCash stated that if a neighborhood consists of 10 families, and each time a house
is placed on the market the City purchases it, the City is essentially destroying the
neighborhood one parcel at a time.
Mayor Kranstuber stated that is correct, but the intention in this case is to eventually
own all of this land as parkland. Council needs to have the vision and the courage to say
that Council believes this is good for the people, that they have indicated in all surveys
that this is part of their vision for the community.
Mr. Cline responded that surely Council cannot believe that citizens of this community
would endorse spending $300,000 per acre and take viable homes to convert them into
parkland.
Mayor Kranstuber stated that the City took the risk of purchasing the gas stations in Old
~ Dublin, in the face of some opposition. Now the residents are pleased with the outcome.
,
Mr. Cline represented the golf course developer, and there was opposition to buying the
golf course parkland because it destroyed a neighborhood. Council handles these things
as sensitively as possible.
Mr. Cline reiterated that Council does not need to destroy their neighborhood to achieve
the goals, whatever they might be. At this time, the citizens do not know what the goals
are.
Mr. Reiner stated that many of the rumors about the City's plans for land acquisition
were unfounded and were unfair. If land became available, and staff made Council
aware of it during land acquisition discussions, Council then made a determination of
whether or not they wanted to proceed with acquisition. These decisions are made in the
best interests of the citizens of Dublin.
Ms. Chinnici-Zuercher stated that the residents are requesting that Council makes a
formal commitment and that the City adhere to that, to the degree any Council can do so
into the future.
Mr. Hansley stated that Council could stipulate that when a property is purchased, that
the buildings on the property be tom down immediately. The disadvantage is that the
r"-, look of the residential neighborhood is quickly changed to flat parkland, and this may be
contrary to some residents' desires.
Ms. Chinnici-Zuercher stated that leaving the buildings on the site makes more sense,
but the City then must maintain the buildings. She drove by the Halloran site today, and
the conditions are not acceptable. If the property were owned by someone other than the
City, the owner would be cited for Code violations.
Mr. Hansley stated that the City has owned the property for less than a year, and it was
in that same condition when purchased. Because this issue has been pending for over 6
months, staff has been unclear about the direction of Council, i.e., tearing down
buildings, repairing them, using them for storage, etc.
Mr. McCash stated that the City cannot guarantee, however, that it will always remain
passive parkland. Buildings do not make the neighborhood, but rather the people in the
RECORD OE' PROCEEDINGS
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, Special Meeting of Dublin City Council Meeting "Page 13"'" '" ''''''''',''',''
DAYTON LEGAL BLANK INC. FOAM NO. 10148
Held Fp,hm~ry 1?, ?()01 ,
(YEAR)
buildings make the neighborhood. By slowly acquiring parcel after parcel, and the
families moving out, the neighborhood is destroyed. If the residents remain, the same
end is achieved.
-
Mr. Hansley proposed a policy that the City will purchase properties as they become
available, maintain the single-family residences on the properties and rent them out until
such time as the last house is purchased. Then all of the purchased houses will be
converted to parkland. That process may take 18-20 years.
Mr. Adamek apologized for his delay in arrival due to traffic congestion in the
Cincinnati area. Although he has missed much of the earlier testimony, he has now
heard the comments of the Council members. Historically, Council has looked at each
piece of property and its pertinent value to the community, and how it could fit into the
desire of preserving a stream corridor as well as expanding some of the needs from the
Coffman Park perspective. Some of the immediate needs during the past two years have
been for parking to accommodate the expanded Rec Center. As shown on the map, there
are seven lots that fall into the category of what is desired to expand Coffman Park. He
views that the Cline property and that to the east would be phased into the Coffman Park
expansion as well as accommodate additional development for City buildings. From the
Cline property to the west, he envisions it as passive park expansion. For the residents
of Tara Hill, this would be a nice amenity. There are seven lots designated as desirable
for purchase, but there is no eminent domain action pending for any of these properties.
The City is working with the property owners to provide them a fair market value.
Council has the vision of a central greenbelt, as Mayor Kranstuber has described, but
delineating this vision at the outset could have resulted in escalation of land values.
- Council has a responsibility to be good stewards of the City's assets. The City wants to
be fair to each of the property owners. Up to this point, the process has been
implemented a parcel at a time, but now is perhaps the time to work with staff to
establish a more concrete plan, with the active and passive components, the bikepath
layout, etc. Creating a comprehensive plan is a positive step, and this meeting's intent
was to communicate Council's desires to the neighborhood. He believes good policy
direction has been provided tonight, and hopefully, this meeting eliminates any cloud of
uncertainty about the City's intent.
Mr. Costello noted that a memo from Bobbie Clarke, Planning Director was included in
the packet which included a statement that staff advocates acquisition of all remaining
parcels on the north side of Post Road, as they become available. Does this mean that
more properties have been targeted for acquisition than outlined in the map?
Mayor Kranstuber stated that Council has informally directed staff that the land
acquisition effort would begin with the Kinman property, not the entire north side of
Post Road. He believes that Mr. Adamek meant to indicate the Kinman property as the
dividing point, not the Cline property. He then suggested formulating a motion that
Council continue with acquisition, if appropriate, ofthe remaining parcels as outlined on
the map, simultaneously doing some type of plan, and that a committee be assembled of
staff, a Council member, and a resident to develop some ground rules for these
.--, acquisitions and for the future of this area during this transition.
Mrs. Boring asked him to clarify if he means that when a willing seller approaches the
City, that the City will make an offer, regardless of the appraisal price. Does it make
sense to pay commercial prices for parkland?
Mr. Adamek stated that Council needs to continue to assess each property on its merits.
The worst that could happen under this scenario is that a property priced higher than
what the City believes to be fair market value may remain as a single-family home
surrounded by parkland.
Mr. Hansley stated that the property O\~er also has the option of selling the property to
a buyer who is willing to pay more than what the City believes is fair market value. If a
property is appraised at $400,000 and another buyer offers $550,000, his
recommendation would be that the City not purchase it at this time. The City always has
! I 1"""""1 ,liJii M', 'H!~,!iHJiillih'II!H F II!:!:I AI"I,I, ,I i iT I' 1" H'1l
RECORD OE' PROCEEDINGS
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Special Meeting of Dublin City Council Meetlng'-"-"PageTir"'''', ,.,. ",""",". "
DAYTON LEGAL BLANK INC. FORM NO. 10148
Held Fp.hrll~ry 1), )001 ,
(YEAR)
the option of purchasing the land at a future date.
Mrs. Boring noted that she still has concerns about the use of the parkland - if it is only
- for passive use, there are probably other options. She endorses the idea of a committee
approach and having a plan.
Mr. Hansley pointed out for the record that when Council considers purchasing
easements, and then later decides to purchase the entire property, the City will
essentially be paying twice for that same property. Staff would not recommend this
approach.
Mayor Kranstuber noted that he would entertain a motion at this time.
Mr. Adamek moved that Council adopt a policy statement consisting of the following:
. To continue acquisition of desirable parkland property on a per parcel basis, without
using eminent domain, at fair market value from willing sellers for properties located
on the north side of Post Road and east of the Halloran property to the existing
Coffman Park boundary.
. To have staff draft a conceptual plan for land desired to be acquired for parkland
(including the Halloran property east to the existing Coffman Park boundary).
. To establish a committee comprised of Council, staff and residents to formulate
policies to address the interests/concerns of residents during the interim prior to
acquisition of all desired properties, i.e., potential rental of existing houses on
properties acquired by City, maintenance of buildings on properties acquired, use of
- properties by City, etc.
Ms. Chinnici-Zuercher stated that if the overall policy is the interest in the park, and the
assumption is that to achieve that means the ultimate acquisition of these properties east
ofthe Halloran property, then perhaps the motion could be that this Council's goal is to
have a critical mass of greenspace resulting in passive park capability along this
corridor. That being the goal, Council would like to have a plan developed to achieve
this goal. The decision is then made whether we acquire all or portions of this property
over time.
Mayor Kranstuber stated that planning a park requires that Council first determine how
large it will be.
Mr. Adamek stated that Council has already indicated that the desire at this time is to
acquire land from the Halloran property and to the east. What happens ten years from
now
may be different, but that is not this Council's focus at this time.
Ms. Chinnici-Zuercher expressed concern with using the terminology, "fair market
value." There is sometimes discrepancy between the City's appraisal and the owner's.
To date, the purchase costs have been reasonable.
Mr. Adamek responded that this Council has the discretion of whether or not to purchase
~, a property at the fair market value. If the price is not determined to be reasonable by a
majority of Council, then the land remains as single-family residential surrounded by
parkland.
Mr. Hansley stated that appraised value is an issue more often in cases where there is a
threat of an eminent domain action. In this case, the property is either listed for sale or
the owner approaches the City regarding purchase. The fair market value is quite
different from an appraised value in the case of a threatened eminent domain case.
Ms. Chinnici-Zuercher stated that if the goal and desire of Council is to achieve a critical
mass for the park, it may be necessary to include all land north of Post Road, from the
Halloran property east to Coffman Park, and that in essence the City is indicating that
over time, that portion of the neighborhood will be eliminated.
RECORD OE' PROCEEDINGS
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Special Meeting of Dublin City Council Meeting Page 15
DAYTON LEGAL BLANK. INC.. FORM NO. 10148
Held Fehm~ry 12, ?001 ,
(YEAR)
Mrs. Boring stated that the danger is that a future Council would not proceed with
purchase of all of the properties based on budget considerations, and yet the
,I""-> neighborhood would still be destroyed with these selective purchases.
Ms. Chinnici-Zuercher stated that the only way to avoid this would be to purchase the
properties as the City did on Jenmar Court and David Road.
Mr. Adamek commented that this problem was created by Council engaging in this
public discussion ofland acquisition policy outside of executive session. This is not the
normal practice. It could potentially result in driving the land prices higher.
Mayor Kranstuber summarized Mr. Adamek's motion on the floor which consists of
three parts:
. To continue acquisition of desirable parkland property on a per parcel basis, without
using eminent domain, at fair market value from willing sellers for properties located
on the north side of Post Road and east of the Halloran property to the existing
Coffman Park boundary.
. To have staff draft a conceptual plan for land desired to be acquired for parkland
(including the Halloran property east to the existing Coffman Park boundary).
. To establish a committee comprised of Council, staff and residents to formulate
policies to address the interests/concerns of residents during the interim prior to
acquisition of all desired properties, i.e., potential rental of existing houses on
properties acquired by City, maintenance of buildings on properties acquired, use of
properties by City, etc.
~ Mr. Reiner seconded the motion.
Mr. Hansley commented that the members ofthe Committee may have diverse goals and
interests. The residents will want to maximize their profit, while the City will have a
responsibility to be stewards of the public funds. It may be a struggle to come up with
solutions acceptable to everyone.
Mr. Peterson pointed out that his only concern with the three-step approach is that the
plan should perhaps be done first, prior to continuing with the program of land
acquisition. Having an agreed upon plan may allow the acquisition to move forward
more smoothly.
Mr. Hansley clarified that what Council envisions is a concept plan, not a detailed plan
at this point.
Mayor Kranstuber confirmed this.
V ote on the motion - Mr. Reiner, yes; Mayor Kranstuber, yes; Mrs. Boring, no; Mr.
Adamek, yes; Ms. Chinnici-Zuercher, no; Mr. McCash, no; Mr. Peterson, yes.
Mayor Kranstuber asked for volunteers to participate on the committee.
Mr. Costello volunteered.
Vice Mayor Adamek volunteered.
Mayor Kranstuber asked that Mr. Smith and Mr. Ciarochi participate.
Mr. Cline volunteered.
The meeting was adjourned at 10:10 p.m.
~/~
Mayor - Presiding Officer
~ CL..,. ~
Clerk of Council