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HomeMy WebLinkAbout11/21/2005 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC., FORM NO. 10748 ovem er age Held 20 Mayor Chinnici-Zuercher called the regular meeting of Dublin City Council to order at 7:00 p.m. on Monday, November 21, 2005 at the Dublin Municipal Building. PLEDGE OF ALLEGIANCE Mr. Lecklider led the Pledge of Allegiance. ROLL CALL Present were: Mayor Chinnici-Zuercher, Mrs. Boring, Mr. Keenan, Mr. Lecklider, Mr. McCash, Mr. Reiner and Ms. Salay. Staff members present were: Ms. Brautigam, Ms. Grigsby, Mr. Smith, Mr. Ciarochi, Chief Epperson, Mr. Harding, Ms. Ott, Mr. Hahn, Mr. Hammersmith, Ms. Puskarcik, Mr. Gunderman, Ms. Wanner, Ms. Crandall and Ms. Hoyle. APPROVAL OF MINUTES The approval of minutes was delayed until the December 12 Council meeting. CORRESPONDENCE The Clerk reported that a Notice to Legislative Authority was sent regarding a new D5A liquor permit for the Residence Inn at 435 Metro Place South. There was no objection to the issuance of the permit. PROCLAMATION Mayor Chinnici-Zuercher presented proclamations to the Dublin Jerome Girls and Dublin Jerome Boys golf teams in recognition of Their recent state championships. Coaches Tim Thimmes and Jim Hull commented briefly on both the athletic and academic achievements of the teams and thanked Council for the recognition. Mayor Chinnici-Zuercher presented the teams with mock signs of the type to be installed at the City entries, recognizing their team achievements. SPECIAL PRESENTATION Rick Shortell Vice President of the Union Rural Electric Cooperative, Inc. addressed Council, noting that as Dublin expands into Union County, the Cooperative will be providing electric utility services to some Dublin residents. They are a customer service oriented, member based, non-profit electric distribution utility, serving about 7,000 meters - primarily in Union County. These meters serve about 6,000 members of the cooperative. In January, they will return $1.7 million to the members who were paying rates in 1990. He left some documents for Council and the audience members to review, including the 2004 annual report and Country Living magazine. There are 24 rural electric cooperatives in the state of Ohio. They leverage services for members through affiliations with other electric cooperatives in the state and nationally. They are pleased to have the opportunity to serve citizens of Dublin in the future. They are headquartered in Marysville, Ohio. CITIZEN COMMENTS FOR ITEMS NOT ON THE AGENDA Wallace Maurer, 7451 Dublin Road: 1. Praised City employee Dean Saunders, who has worked on the Dublin/Brand roundabout project, coordinating among the contractor, staff and the residents. He has been firm, candid and kind in all of his interactions with the various parties involved. 2. Commented further regarding the Kindra firing. He noted that he shall never assume responsibility for carrying this topic on for this long if there was any information withheld that was not provided to him, to the Council or to the public in the papers. He has spoken on this subject during 27 meetings, has had three interviews of one hour each with the City Law Director, the City Manager and the Mayor. Nothing new came to light on the topic. As far as he can tell, there was no evidence in the newspapers and in the documentation to support the firing. This drives him to try to "crush" what may seem to be obstacles to the reinstatement. If Mr. Kindra were reinstated, what would happen to Mr. Hammersmith? He noted that Mr. Hammersmith is knowledgeable, perceptive, capable and adept. He is "peppy and zippy." The City is large and could accommodate even three full-time engineers. He suggests that two engineers would be great, as they would play off against one another regarding theoretical and practical applications. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC., FOAM NO. 10148 _ ovem er age Held 20 Soichiro Kimura, Senior at Dublin Jerome High School noted that he is working as an intern for Community Relations, translating City documents, such as ordinances, Recreation Center registrations, etc. He is here tonight to understand how the City Council operates. He thanked Council for providing this opportunity for him. Mayor Chinnici-Zuercher noted that Council is pleased that students are taking advantage of the Young Professionals Academy program through the Dublin Schools. She welcomed him to City Council. LEGISLATION SECOND READING/PUBLIC HEARING -ORDINANCES ANNEXATION Ordinance 67-05 Accepting an Annexation of 82.3+/- Acres from Jerome Township, Union County to the City of Dublin. (Petitioners: Suburban Improvement of Columbus, Inc.; Cheistoff and Sandra Sue Steurwald) Ms. Brautigam stated that this relates to the area known as Bantry Greene. Staff can respond to any questions. Mr. Keenan asked if this property would be included within the Community Authority being established. Mr. Smith responded that this is specifically the property that the Community Authority will cover. Mr. Stype will be present later to describe how the Authority will work. There is an agreement with this landowner that if the property is annexed, they will not seek building permits until the Authority is in place. In addition, if there would be a brush fire before the agreement is in place, the landowner will assume the cost of the fire run by Washington Township. Mr. Keenan asked if this annexation should be accepted without the agreements executed for the Community Authority. Mr. Smith responded affirmatively. A condition cannot be added to the annexation that the Authority must be in place. Staff's recommendation and that of bond counsel is that the City accept the annexation, that a written agreement be in place about payment for services prior to the Community Authority agreement and that no building permits be issued until the Authority is in place. Mr. Stype will provide additional information about the timetable in his presentation tonight. Vote on the Ordinance: Mr. Reiner, yes; Mr. Keenan, yes; Mrs. Boring, yes; Mayor Chinnici- Zuercher, yes; Mr. McCash, yes; Mr. Lecklider, yes; Ms. Salay, yes. Agenda Modification Mayor Chinnici-Zuercher noted that Ms. Salay has requested that the Woods of Indian Run bikepath issue be moved up on the agenda to this point in the meeting. There was no objection by Council to modifying the agenda. CITY MANAGER/STAFF REPORTS • Report re Bikepath Lighting Request from Woods of Indian Run Mr. Hahn stated that after the last discussion, he met with representatives of Dublin City Schools to better understand their pedestrian transportation plan as it relates to the bikepaths. That has been provided in the packet. Staff also made a list of potential areas that are dark and may be used by students to access schools. The original staff report contemplated a bollard type of lighting for the path, so staff wants to clarify the expectations of the lighting level that this would provide. He offered to respond to questions. Mayor Chinnici-Zuercher invited public testimony. Amy Leveridge, 7040 Willow Run Drive noted that the bollard lighting would be adequate for this use, given the number proposed in the original plan. She understands that Council's major concern is one of setting precedent by lighting this path in view of the miles of paths throughout Dublin. This path's sole function is to serve as a connector to Dublin High School and based upon school hours, only high school students are expected to walk during dark hours of day. Secondly, there is dense foliage and no ambient lighting in this area. Victor Dodds, Assistant Director of Business Affairs for Dublin City Schools has RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC., FORM NO. 10148 ovem er age Held 20 acknowledged by letter that they are not aware of any other foot/bikepaths that would be used by students walking to and from school as part of the Dublin School District's transport plan at either Dublin Jerome or Dublin Scioto High Schools that have similar conditions. Those students that choose to use that path from the Woods of Indian Run to Coffman High School will do so in complete darkness at certain times of year. What this means is that the situation is unique. Currently, Dublin Schools indicate that 44 students commute between the Woods of Indian Run and Coffman High School everyday. In addition, there are many more residents who use the path to attend high school sports and activities and City- sponsored festivities. For these reasons, the path is unique. She noted that the City spends an enormous amount of money on programs and initiatives, including safety. The precedent the residents fear would be set tonight would be one of not voting in favor of the safety of the residents. The City voted to have a bikepath system installed to allow residents to safely move around the community and then added tunnels with lights to allow safe crossing. The City has built modern roundabouts to enhance commuter safety, and the City has installed school flasher signals. The precedent of providing safe travel in Dublin was established long ago. She urged Council to vote in favor of lighting this unique bikepath to make it safer for all residents. Nikki Hughes, 7024 Willow Run Drive noted that she is a member of the Board of the Homeowners Association. She presented letters from 31 homeowners in the Woods of Indian Run to Council. She read excerpts of various letters, which support the justification for installation of lighting on this bikepath. The neighborhood strongly urges Council to support lighting for this bikepath for reasons of safety. Mr. Lecklider asked Mr. Hahn for clarification regarding some of the routes identified as a means to travel to the Karrer Middle School. Mr. Hahn responded that staff does not know the exact route that students within the non- transport area will use to access their school. The report identified bikepaths not parallel to the street that could be utilized to travel to school. They identified bikepaths within cone-mile radius and made a subjective estimate of the darkness of that path. Ms. Salay asked if her understanding is correct that this path is not in the school's approved walking route. Mr. Hahn responded that the Schools made it clear that they do not officially recognize the existence of any bikepath that does not parallel the streets. There are certain paths that are utilized by students because they are the shortest distance between a neighborhood and a school, but the schools do not recognize those paths in their plan. Ms. Salay asked about the cost estimate for lighting this particular bikepath. Mr. Hahn responded that the estimate is $12-15,000, assuming bollard lighting and not overlighting the path with closely spaced fixtures. The intent was for low-level lighting at fairly wide spacing. Ms. Salay asked if the residents who are adjacent to this path are in agreement. Mr. Hahn responded that staff received a letter of endorsement from one resident. The other house adjacent to the path is unoccupied at the present time. Ms. Salay asked if the lights would be on a timer. Mr. Hahn responded that the installation would likely include a photocell or possibly both a timer and photocell. It would be important to have input from the users. Mayor Chinnici-Zuercher stated that the intent is primarily to have lighting in place to assist children in walking to and from school. Ms. Leveridge mentioned that adults use the path to access City-sponsored activities. Assuming an affirmative vote tonight for the lighting, the goal would need to be determined, as it would drive the decision about timing of the lights. Mr. Keenan commented that the youth curfew would likely dictate the timeframe for lighting. Mayor Chinnici-Zuercher added that as a resident, she would not want to encourage people to use this path late at night. Mr. Keenan noted that many pathways are located in parks and are very dark at night. In fact, the parks close at night. This is a very different situation. The staff report indicates that RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC., FORM NO. 10148 ovem er age Held 2D the Dublin Schools changed their football field lighting because of resident complaints about spillover lighting. Since that time, the Schools have noted that the bikepath from the School Administration parking lot to the football field is quite dark. That is consistent with Mr. Dodd's letter. Ms. Salay noted that staff mentioned a concern about vandalism. Is the bollard lighting less prone to vandalism? Mr. Hahn responded that the issue with bollard lighting is that it is close to the ground and therefore more prone to damage from feet. It is reasonable to expect ongoing maintenance issues for these lamps. Ms. Salay pointed out that, assuming Council approves this lighting, she would not advocate anyone walking alone on a path after dark. The lighting may increase the sense of safety, but it does not guarantee safety by any means. Mr. Lecklider added that he supports this request due to its unique nature. An overarching objective in everything Council does is the health, safety and welfare of the citizens. The City always takes measures wherever possible to protect residents from dangers. Mrs. Boring moved to support the request for lighting this bikepath with the understanding that this is not to be a precedent setting decision, but is supported because of the circumstances, including the uniqueness of the dense foliage, the dark time of day that high school students walk to Dublin Coffman on this path, and the uniqueness of this neighborhood that is often used for parking for City and school special events. Ms. Salay seconded the motion. Vote on the motion: Mayor Chinnici-Zuercher, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mr. Lecklider, yes; Mr. McCash, no; Mr. Keenan, yes; Ms. Salay, yes. Mr. McCash explained that he couldn't support this motion because of the considerations articulated in the motion. Mayor Chinnici-Zuercher noted that she supports the comments of Ms. Salay and Mr. Lecklider about the positive steps the City has taken historically to ensure safety for residents. It is the number one priority for Council's decisions. However, this measure will improve safety but will in no way resolve issues of society that contribute to crime. Mayor Chinnici-Zuercher moved that, in light of the staff memo about other areas needing further examination and recognizing that they may not be normal pathways to school buildings, these other areas should be closely examined. If the review indicates that there are other bikepaths in the community where lighting should be provided, staff should bring back a plan and cost estimates for Council to consider. In this way, Council can be proactive about future needs for lighting. Mrs. Boring seconded the motion. Vote on the motion: Mr. Reiner, yes; Mr. Lecklider, yes; Mrs. Boring, yes; Mayor Chinnici- Zuercher, yes; Mr. McCash, yes; Mr. Keenan, yes; Ms. Salay, yes. Ms. Salay added that the Dublin Schools have a policy that elementary children do not walk to schools in the dark and the school hours are established with that in mind. Mayor Chinnici-Zuercher summarized that this should be a consideration in staff's review. Mr. Lecklider asked if Council wants to provide further direction about the hours that the path would be lighted. Mr. Keenan suggested that staff work with the Homeowners Association on this matter. Mr. Hahn agreed to meet with the Association and keep Council informed of their discussion. He will report back on their preference for lighting timeframes. • Report re AEP tree trimming Ms. Brautigam stated that she received calls from several residents about this matter and some are present tonight to address Council. Mr. Hahn stated that the packet included a recent memo regarding AEP and their tree trimming/removal program. Staff has also compiled previous correspondence Council has received regarding this issue and correspondence sent to individual residents regarding AEP's policies. Most recently, issues arose as a result of meetings that occurred on Ashbaugh Road between AEP, Dublin staff and residents. Residents are very upset with the field determinations made within the City right of way, which is located directly behind their homes. The AEP crews are still active in the City and continue to trim and remove trees as part of their ongoing program. The letter describes the tree trimming policies in place at this RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC., FORM NO. 10148 ovem er age Held 20 time. AEP is doing more radical pruning, which often leaves little of the tree left standing, resulting in the prudent decision to remove the tree. The City has little input about the degree of trimming that AEP believes is necessary for trees in the right of way owned by the City. The City does have rights about whether to cut the tree down or leave it standing. Mayor Chinnici-Zuercher stated that she has received a number of calls in the last couple of weeks and asked for specifics of what occurred on Ashbaugh Road. Mr. Hahn stated that anorth/south power line parallels Ashbaugh Road and has been identified by AEP as a location for implementation of their new tree-trimming program. Part of their program is to inform either the resident or the City, depending upon whether it is private or City-owned property, about what will transpire. AEP informed the residents about their pending action on land bordering their homes and this brought about the calls. There is to be a measurable amount of tree trimming and tree removal within that area of right of way. Mayor Chinnici-Zuercher asked if it is accurate to say that the original AEP plan was to significantly trim or top the trees, but with a request from Dublin, AEP decided to remove several of the trees. Mr. Hahn stated that is correct. Mayor Chinnici-Zuercher invited public testimony. Dave Zgrabik, 8002 Luckstone Drive stated that six weeks ago, a representative of a tree service visited the homes on Luckstone and offered a choice of having the trees completely removed or properly trimmed. About two weeks later, they received a letter from the City forester stating that the trees would be clear cut. The residents requested a meeting with AEP and the City forester, and AEP dictated to the residents which trees they were going to cut. This is part of their new program of clear cutting the trees under the power lines. This is strictly a cost cutting measure, not a liability issue. Utilizing proper tree trimming methods provides adequate clearance from wires while preserving the health of the tree. It requires them to return at a 3-5 year interval. AEP has trimmed trees along Ashbaugh Road once in the eight years he has lived in his home. At that time, they did it in a socially responsible manner. There are eight trees over 20 feet high in this right of way and they will all be destroyed, according to AEP. Twenty-two homeowners affected by the Ashbaugh tree cutting paid a premium for their lots due to the existing trees behind the homes. The beauty and size of the trees increases their property value, buffers them from Ashbaugh Road, ensures security and buffering from the Tournament traffic and provides shade, beauty and privacy. They can only be removed with permission of the property owner -the City of Dublin. He is requesting that the City withdraw its permission to clear cut the trees and work with AEP to utilize atree-cutting program that preserves the beauty, privacy and property values provided by these trees. Bob Fathman, 5805 Tartan Circle, Chair of the Muirfield Village Civic Association Civic Action Committee noted that he met with Mr. Ciarochi and some AEP officials a few months ago about the many power outages being experienced in Muirfield. The Civic Association had contacted PUCO about the number of outages and AEP then requested a meeting with the residents and City officials. AEP has committed staff time and money into correcting the service problems. At that meeting, the Civic Action Committee brought up the tree trimming issue and expressed concern about what had occurred along Monsarrat. They learned that Brand Road, Dublin Road and Ashbaugh Road tree trimming was to take place in the fourth quarter. The residents met again with AEP and Mr. Ciarochi and it was very unproductive. His experience is that ahigher-level contact at AEP is needed to ask them to revert to their old policy. Mr. Lajeunesse of AEP told them they will cut every branch that overhangs a line, that they have a right to cut back 25 feet from any wire for lateral branches, and he recommends removing the trees versus leaving what remains of the tree in place. Another suggestion is that residents could approach Council regarding use of funds in the City's tree preservation fund to replace these trees. Mayor Chinnici-Zuercher asked for clarification -the impacted trees are on property owned by the City, and not by the residents? Mr. Hahn responded that the trees are located in City right of way. AEP originally believed that the trees were located in an easement on private property, and the original contact with residents was based on this belief. Mayor Chinnici-Zuercher asked about the City's plan for replacement, if the decision was to remove the trees entirely. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC., FORM NO. 10148 ovem er age Held 20 Mr. Hahn responded that AEP has offered the City funds to purchase replacement trees for that area. The plan would be to comply with AEP's desire to plant a size of tree that would not interfere with the power lines at maturity. These would be of a smaller, ornamental species. Mr. Keenan asked about the current status of the Ashbaugh piece. Did someone give permission to AEP to clear cut the trees? Mr. Hahn responded that after review of what would remain in place after trimming -just a trunk -the City forester gave permission to cut the tree down. The choice was not given of a minor amount of pruning or doing nothing at all. That was not an option. AEP planned to trim the tree per their policy, or remove the tree. Mr. Keenan summarized that the standard is set by AEP, and the City does not have any discretion in this matter, based on what staff has indicated. Mr. Hahn concurred. Ms. Salay thanked staff for the thorough report. There is little that can be done, similar to what happened with Monsarrat in Waterford last summer. In that case, the City learned that it owned an easement which the City was unaware it owned. In addition, tree trimming has taken place along Dublin Road and near the Community Relations building. If there is a plan to reforest or replant trees, the Ashbaugh area will be in line behind many other areas that will need the same treatment. She asked what criteria staff would use for replanting. Will it be in every area, or will it be based on resident request? Mr. Hahn stated that he does not have the answer to this. In the Ashbaugh case, because AEP offered money to specifically mitigate what was occurring along Ashbaugh, the funds would be applied there. For other areas, staff is not prepared to make a recommendation on whether or not to replant trees. Even though AEP maps out the general areas to be impacted, the full impact cannot be known until after the fact. Ms. Salay asked why AEP would offer to reimburse for the Ashbaugh trees and not for others. Mr. Hahn responded that he could only speculate. Ashbaugh Road was brought to the forefront, and there have been several meetings specific to Ashbaugh Road. Ms. Salay stated that she would want any policy to be fair and equitable. Mr. Hahn added that when AEP is dealing with individual residents, there are similar offers made to individual residents to help replant trees. Mr. Ciarochi added that for transmission lines, AEP reimburses when taking a tree out. For distribution lines, it depends on whether they are trimming or taking out the whole tree. When AEP takes a whole tree, they reimburse if it is on private property and not in their easement. Ms. Salay added that it was a similar situation on Monsarrat where AEP thought the trees were on private property and learned they were actually on City-owned property. Mr. Ciarochi added that other issues came to play in that case, as the fences were imbedded in the tree trunks and AEP could not remove the trunks, leaving the City to cut the stumps. There was no one reimbursed in that area, as the residents wanted the trees just trimmed. Once the residents saw what remained, they asked that the trees be completely removed. Mr. Reiner asked if there is an AEP representative present tonight. (There was not.) He noted that this is a newer AEP policy, not the policy of the former Columbus & Southern Power. There is no way the City can afford to restore the aesthetic damage done by this trimming. For the homeowners, it is a huge financial loss. Cutting the trees to 10 feet from the lowest line is another concern. Mr. Hahn responded that is what staff has been told. But in viewing Dublin Road, there is evidence that they did not adhere to the 10-foot policy. It has been stated clearly that the low line is part of the standard trimming area, whether it is a phone or other line. Mr. Reiner stated that this is totally excessive. A modification to this policy is warranted and should be brought forward by Dublin. The overall aesthetics of Dublin will be impacted by this policy. There is a need to be sensitive in trimming and to handle it on a case-by-case basis. This policy is driven by profit margins and does not constitute good customer relations. These complaints have occurred for over a year, and the idea of planting small trees will not work. Dublin needs to contact the officials of AEP to convey that this policy is not acceptable. Mrs. Boring stated that she agrees that Dublin needs to be aggressive. If AEP is reimbursing for trees removed in the right of way, why isn't the City pressing AEP to reimburse the City for RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC., FORM NO. 10148 ovem er age Held 20 all of the right-of-way trees removed? Mr. Hahn responded that he has only recently been given this assignment and is not aware of what staff has requested in the past. He will follow up on this matter. Mrs. Boring noted that in the Planning and Zoning Commission discussions, the Commission at times asks if the trees that the City is requiring of a developer will interfere with the utility lines. The response is always that they are small trees, yet 15 years later, the same trees do interfere. The development process should be refined to ensure that when developers are required to plant trees, that they are of the appropriate size and will not interfere with power lines. Mr. Reiner added that the trees could be planted in front of the wires. In a landscaping plan, the goal of the homeowner is often to hide the wires with trees. He suggests that Dublin be proactive, as he has already suggested. Mr. Reiner moved to direct staff to contact AEP regarding establishment of a program that is more sensitive to the maintenance and care of trees in the community; if it requires a more continuous pruning program, AEP should create this; staff should discuss with AEP reimbursement for the trees taken down to encourage AEP's cooperation in adopting a revised tree maintenance program. Ms. Salay seconded the motion. Vote on the motion: Mrs. Boring, yes; Mr. McCash, yes; Mayor Chinnici-Zuercher, yes; Mr. Reiner, yes; Mr. Keenan, yes; Ms. Salay, yes; Mr. Lecklider, yes. Mayor Chinnici-Zuercher summarized that Council is hopeful that they can impact what is occurring in the Ashbaugh area, but quick action is needed to influence the decisions being made there, especially in view of the formal direction already provided by staff to AEP prior to tonight's discussion and direction from Council. Mr. Hahn responded that staff would convey this message to AEP. He spoke to Mr. Lajeunesse of AEP last week who was emphatic, indicating while they appreciate the feedback, the bottom line is they are proceeding with the removal of the trees. LEGISLATION REZON/NGS Ordinance 68-05 Rezoning Approximately 0.4474 Acres, Generally Located on the East Side of South High Street at the Intersection of John Wright Lane, From CB, Central Business District, To HB, Historic Business District. (Rezoning -Steele Office Building - 138 South High Street -Case No. 05-1382) Ms. Brautigam stated that this is a second reading/public hearing and staff is recommending adoption. Wallace Maurer. 7451 Dublin Road stated that on the first page of the memo, in the section titled, "Summary," the first sentence should read, "is being forwarded." Mayor Chinnici-Zuercher noted that this correction would be made. Vote on the Ordinance: Ms. Salay, yes; Mr. Lecklider, yes; Mr. Reiner, yes; Mr. Keenan, yes; Mrs. Boring, yes; Mr. McCash, yes; Mayor Chinnici-Zuercher, yes. Ordinance 69-05 Rezoning Approximately 0.11 Acres, Generally Located on the West Side of South High Street, 75 Feet North of Pinney Hill, From CB, Central Business District, To HB, Historic Business District. (Rezoning -Platinum Management - 87 South High Street -Case No. 05-1422) Ms. Brautigam stated that this is a second reading/public hearing and staff is recommending adoption. Vote on the Ordinance: Mrs. Boring, yes; Mr. Keenan, yes; Mr. Reiner, yes; Ms. Salay, ~ yes; Mayor Chinnici-Zuercher, yes; Mr. McCash, yes; Mr. Lecklider, yes. LAND PURCHASE Ordinance 70-05 Authorizing the Purchase of a 0.68 Acre, More or Less, Tract of Land, From Craig R. Sonksen, Located at 35 Darby Street (Parcel Nos. 273-003680-00 and 273-000310-00), City of Dublin, County of Franklin, State of Ohio. Ms. Brautigam stated this is the second reading of a purchase authorized by City Council of the property where Grandma's Fruitcake is currently located. In the future, that business RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC., FORM NO. 10148 ovem er age Held 20 will be relocating to an adjacent property that was formerly Louise's Needlework. Mr. Keenan noted that there is a typo in the memorandum related to the ordinance number. Ms. Brautigam stated that this would be corrected. Wallace Maurer, 7451 Dublin Road stated there are several references in the architectural section to wooden windows. These be corrected to "wood-framed windows." Vote on the Ordinance: Mayor Chinnici-Zuercher, yes; Mr. Keenan, yes; Mr. Reiner, yes; Ms. Salay, yes; Mr. McCash, yes; Mr. Lecklider, yes; Mrs. Boring, yes. Ordinance 71-05 Authorizing the Purchase of a 0.6289 Acre, More or Less, Tract of Land, From Edward L. Upperman and Sharon L. Upperman, as Trustees under the Upperman Family Trust, Located at 6001 Avery Road (Parcel No. 274-000025-00), City of Dublin, County of Franklin, State of Ohio. Ms. Brautigam stated this is the second reading of a purchase authorized by City Council of land needed for the widening of Avery Road. Vote on the Ordinance: Mr. Lecklider, yes; Ms. Salay, yes; Mr. McCash, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes. INTRODUCTION/FIRST READING -ORDINANCES AMENDING APPROPRIATIONS Ordinance 72-05 Amending the Annual Appropriations Ordinance for the Fiscal Year Ending December 31, 2005. Mr. Lecklider introduced the ordinance. Ms. Salay moved to dispense with the public hearing. Mr. Lecklider seconded the motion. Vote on the motion: Mr. Keenan, yes; Mr. Reiner, yes; Mayor Chinnici-Zuercher, yes; Mr. McCash, yes; Mrs. Boring, yes; Ms. Salay, yes; Mr. Lecklider, yes. Vote on the Ordinance: Mr. McCash, yes; Ms. Salay, yes; Mr. Lecklider, yes; Mrs. Boring, yes; Mayor Chinnici-Zuercher, yes; Mr. Keenan, yes; Mr. Reiner, yes. REVISION OF FEE SCHEDULE Ordinance 73-05 Amending Chapter 35 of the Codified Ordinances to Revise the Fee and Service Charge Revenue/Cost Comparison System and Establishing a Schedule of Fees and Service Charges for City of Dublin Services. Ms. Salay introduced the ordinance. Ms. Grigsby stated that staff recommends that this be held over for the December 12 Council meeting for second reading. Staff can respond to any questions prior to that time, and if a Finance Committee meeting is desired, staff is available to meet. The Clerk noted that the agenda reflects a Finance Committee scheduled for November 22, but this meeting has been cancelled. Ms. Salay noted that she has heard from several small businesses that are interested in expanding or converting a building in the City, yet the fees are very high. As a result, they elect not to expand their businesses in Dublin. She wondered if there is a way to adjust fees accordingly to accommodate them. Ms. Grigsby responded that staff is currently working with a small business owner in Dublin about incentives to enable them to expand in Dublin. What staff is contemplating is offering an incentive payment in the amount of the fees required for the development process. There are some options to be considered when true economic develop opportunities are involved. Ms. Salay stated that she would direct the small business owners to Dublin's Economic Development staff for counsel on these types of matters. Mr. Keenan added that he has often stated that he would prefer having 20 or 30 small businesses and incubating them while they grow into larger businesses. There are many business owners who live in Dublin and would be interested in bringing their businesses to Dublin. Columbus has recently focused on a small business program for businesses with 20- 30 employees. Ms. Grigsby stated that in recent months, staff has had several economic development RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC., FORM NO. 10148 ovem er age Held 20 agreements that Council has approved for small companies. In the last two years, she estimates that 80 percent of incentive packages relate to what is considered small businesses. Mayor Chinnici-Zuercher suggested that perhaps an article in Dublin Life or the newspaper about how economic development works for small and large companies in Dublin would be advisable. Mrs. Boring added that the fee ordinance does include a process of fee appeals and waivers for purposes of economic development. That is another option for a small business owner. Mrs. Boring noted that she has heard that Dublin's costs for special event police officers and special event workers are much higher than those of other communities. She is questioning this increase. Ms. Grigsby responded that Dublin sets it fees based upon the actual cost of providing the service. In some instances, other communities may be charging only the salary of that person. Dublin considers the fully burdened hourly rate, which takes into account direct and indirect costs associated with each individual employee and their hours. There will be a second reading/public hearing at the December 12 Council meeting. ECONOMIC DEVELOPMENT AGREEMENT Ordinance 74-05 Authorizing the Provision of Certain Incentives for Purposes of Encouraging the Establishment by Recovery One, LLC, of Its Operations and Workforce within the City and Authorizing the Execution of an Economic Development Agreement. Ms. Salay introduced the ordinance. Ms. Gilger stated that Recovery One, an accounts receivable management company is looking to move into Dublin and to purchase a facility. They approached the City about assisting in this process. Their customers include Ashland and Cardinal Health. They have approximately 40 employees and are planning to purchase 5100 Parkcenter Avenue. The proposal is to assist them with a property grant of $7,000. In the next five years, the new income tax revenue generated is expected to be $244,000. Mayor Chinnici-Zuercher asked about the current location of the company. Ms. Gilger responded that they are located on Reflections Drive off of Sawmill in Columbus. There will be a second reading/public hearing at the December 12 Council meeting. INTRODUCTION/PUBLIC HEARING -RESOLUTIONS BID ACCEPTANCE Resolution 73-05 Accepting the Lowest/Best Bid for the 25 South High Street Patio Project. Ms. Salay introduced the resolution. Mr. Hahn stated that this contract provides for construction of a small plaza located between the Dublin Village Tavern and the Dublin Convention and Visitors Bureau. The centerpiece of this sitting plaza will be the Kiwanis Frog sculpture. ~ Ms. Salay asked about the estimated completion date. Mr. Hahn responded that it is weather dependent, but will likely be completed before spring. Mr. Lecklider asked if the surface would be grass. Mr. Hahn responded that it would consist of the same type of brick pavers used in Historic Dublin sidewalks. This plaza will connect to the sidewalk. Vote on the Resolution: Ms. Salay, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mr. Lecklider, yes; Mr. McCash, yes; Mayor Chinnici-Zuercher, yes; Mr. Keenan, yes. Resolution 74-05 Accepting the Lowest/Best Bid for the Indian Run Falls Park Project. Ms. Salay introduced the resolution. Mr. Hahn stated that this provides for a trail system along the south fork Indian Run, continuing to the Indian Run itself. Plans also call for construction of a porous concrete parking lot and using quite a bit of recycled product on the decking and boardwalk throughout this project. Mr. Keenan noted that he recalls that Washington Township had committed to making a financial contribution to this project. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC., FORM NO. 70148 ovem er age Held 20 Mr. Hahn responded that the City would invoice the Township for their $125,000 contribution tomorrow. Mr. Keenan summarized that the City will essentially recover 25 percent of the cost of the project via the contribution from the Township. Vote on the Resolution: Mr. McCash, yes; Mr. Reiner, yes; Ms. Salay, yes; Mrs. Boring, yes; Mr. Lecklider, yes; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes. Resolution 75-05 Waiving Competitive Bidding Requirements, Pursuant to Section 8.04 ("Contracting Procedures"), Paragraph (C) ("Waiver of Competitive Bidding") for the Procurement of Handguns and Associated Equipment for the Dublin Division of Police. Mr. Lecklider introduced the resolution. Chief Epperson stated a memo in the packet explains the reasons for the request to waive bidding requirements. Mr. Keenan asked if this relates to tasers as well. Chief Epperson responded it relates only to handguns. Vote on the Resolution: Mr. Lecklider, yes; Mr. Keenan, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mayor Chinnici-Zuercher, yes; Ms. Salay, yes; Mr. McCash, yes. BID ACCEPTANCE Resolution 76-05 Accepting the Lowest and Best Bid for the Closed Circuit Recording Project and Authorizing the City Manager to Enter into a Contract for the Procurement of Said Commodity. Mr. Lecklider introduced the resolution. Ms. Crandall stated this provides upgrades to the existing security camera system. Two bids were received, and staff is recommending acceptance of the MicroMan bid, which was determined to be the lowest and best bid for the project. This CIP project converts the existing VCR based security system to a digital, network-based system. This allows for retrieval and storage of data, and for real time viewing of security cameras throughout City buildings. This also will provide a cost reduction in ongoing maintenance of the current system. The original bid and budget amount for the project was for $77,000, but it was later determined the outdoor locations of the skate park and pavilion area should be deleted from the project. Staff is aware the WiFi will be available in the near future, reducing the need for wiring to these locations. Secondly, staff wants to more closely review the technology needs for a camera system in view of the vandalism of the cameras already in place. Staff may come back to Council with a recommendation that the costs of the system for the skatepark and pavilion outweigh the benefits of having the system in place. Mayor Chinnici-Zuercher asked about the anticipated timeframe for the WiFi service. Ms. Crandall stated the anticipated timeframe for WiFi is April or May. Staff will complete the analysis prior to that time so that an option is ready to be implemented. Mayor Chinnici-Zuercher commented these are two vulnerable areas, and staff's further research of options is warranted. Ms. Crandall responded the cameras used in other locations would not provide a clear picture outdoors at those distances. Mr. Keenan asked if the WiFi would allow viewing from a laptop at a remote location. Ms. Crandall stated it is actually digital and will be linked to the City's network. Providing the wiring for the outdoor locations is costly, and the WiFi provides another alternative. Mr. Keenan asked how many locations are included for the cost of $47,000. Ms. Crandall responded this provides for the systems at City Hall, the Community Relations building, the Recreation Center, the north and south pools, the Service Complex, Fleet Maintenance and the Development Building. Vote on the Resolution: Ms. Salay, yes; Mrs. Boring, yes; Mayor Chinnici-Zuercher, yes; Mr. McCash, yes; Mr. Reiner, yes; Mr. Keenan, yes; Mr. Lecklider, yes. LAND DONATION Resolution 77-05 Authorizing the City Manager to Accept the Donation of a 1.12 Acre Parcel of Land Located on the South Side of Post Road, West of I-270, from John W. McKitrick. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC., FORM NO. 10148 ovem er age Held 20 Mr. Lecklider introduced the resolution. Ms. Brautigam stated she was contacted six weeks ago by the attorney representing Mr. McKitrick. Mr. McKitrick desires to donate this property to the City, and Council authorized staff to move forward with determining whether there are any environmental hazards on the property. Staff determined there are none. Staff is recommending that Council approve this resolution. Mr. Keenan asked why the owner is donating the land. Ms. Brautigam stated it is for purposes of a tax deduction. Mr. Reiner suggested the City send an acknowledgment to the citizen who has donated the land. Ms. Brautigam agreed to do so. Vote on the Resolution: Mr. McCash, yes; Ms. Salay, yes; Mr. Lecklider, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes. INTRODUCTION/PUBLIC HEARING -RESOLUTIONS AGREEMENTS Resolution 78-05 Authorizing the City Manager to Enter into an Agreement with Dublin Soccer League (DSL) and Ohio Premier Girls Soccer Club of Dublin, Ohio (OP). Resolution 79-05 Authorizing the City Manager to Enter into an Agreement with Dublin Soccer League (DSL) and Ohio F.C. Soccer Club (OFC). Ms. Salay introduced the resolutions. Ms. Ott stated that her presentation would address both soccer league agreements, although separate actions would be requested. She introduced John Muir, Dublin Soccer League; Chris Clinton, Dublin Soccer League Board; Mike Scoliere, Ohio Premier Girls Soccer Club; Ray Ortiz, Ohio F.C. Soccer Club; and Tadd Schilling, Dublin Middle Tier Soccer Organization. The two resolutions would facilitate competitive soccer play in the City through field usage agreements. They are three-way agreements with the City, DSL and the soccer clubs. In 2003, Council requested a review of the Dublin soccer community who the players are, where they are coming from and how they are organized within the community. After receiving that report, Council requested staff develop a master agreement with DSL regarding their provision of recreational soccer opportunities in the community, along with outlining field usage guidelines. The master agreement was approved by Council in April 2004. It established four primary service providers for Dublin soccer: (1) Dublin Soccer League -recreational play; (2) Ohio Premier -competitive, carded league; (3) Ohio Football Club -competitive, carded league; and (4) a middle tier organization (MTO) to be recognized at some date by the City to provide a recreational plus program for a level of play more competitive than recreational, yet without the time and financial commitment of the carded leagues. She stated that the Dublin Middle Tier Soccer Organization is hoping to be recognized by City Council as the MTO provider for the community. Currently, they have aligned with the Greater Outerbelt Youth Soccer League (GOYSL) for their league rules and to provide the overarching organizational structure. GOYSL is prominent in the recreation plus soccer arena. With that affiliation, the play is typically limited to the Central Ohio region. It is a non-carded league, and no tryouts are held to determine placement. It is a parent/volunteer coaching system. Typically, GOYSL schedules their games after the MOSSL soccer league. That will be an important point -why the field schedule is in this particular order in the agreements with the club teams. The two agreements proposed tonight outline the responsibilities of each league. They also ensure the club teams are permitted to have carded players, thereby allowing the teams more tournament play at a higher competitive level than the recreational league provides. The agreements specify should the MTO that City Council recognizes determine at a later date to become a carded league, the club teams would have the opportunity to opt out of these agreements. These agreements have already been approved by the DSL Board, the OP Board and the OFC Board. Under the terms of these agreements, the City's responsibilities would revolve around three primary areas: (1) to provide field space; (2) to consider requests for field time from club teams outside the DSL permit periods for locations outside Darree Fields or Avery Park; and (3) if desired, to exercise the right to charge fees to the clubs for facility usage associated with tournaments, clinics or special events. The agreements also provide the RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC., FORM NO. 10148 ovem er age Held 20 opportunity for the City to charge for field usage for games and practices, with cone-year notice of intent. , Under the terms of their agreement, DSL would be responsible for the scheduling at Darree Fields and Avery Park with two permitting periods: fall season of August 20 to October 31; spring season of April 1 to June 15. Requests outside those time periods would be submitted to Recreation Services and would be coordinated with Community Relations to ensure the availability of field space. DSL will consider scheduling requests in the following priority: (1) recreational needs of DSL program; (2) MOSSL games for OP and OFC; (3) MTO games scheduled through GOYSL; and (4) all other leagues and rescheduled competitive games. The reason MOSSL precedes MTO is a logistical issue only. Typically, MOSSL schedules before GOYSL. GOYSL has more flexibility in scheduling because coaches can contact one another to schedule games mid-season, if desired. There is also some club-specific field usage granted for team tryouts, state cup games and tournaments sponsored by the clubs. DSL will provide goals, nets, flags and field lining. DSL will also have the ability to charge a fee for field setup, equipment usage and scheduling services. DSL will continue to work with the City to determine appropriate field rests, locations and rehabilitation times. DSL will inform the City of any issues or incidents in the parks during their events. Mayor Chinnici-Zuercher inquired if the potential fee would be for a recreational program. Ms. Ott responded that it would not. It would be a fee paid to DSL for field set-up. The other costs are included in the membership fees DSL establishes. Under the terms of these agreements, the clubs would be responsible for: (1) providing the competitive play opportunities and (2) establishing and enforcing rules to ensure appropriate conduct of coaches, players and parents. The clubs also will have non-voting members on the DSL Board. Staff recommends Council adoption of the agreements as presented. Ms. Salay inquired if the earlier issues have been satisfactorily resolved. Christopher Clinton, 5308 River Forest Road, DSL Chair stated the spirit has improved and he is confident they can move forward. If the clubs advocate for the community, the efforts should be successful. Mike Scoliere, 4603 Gwynedd Court, OPC President stated they are satisfied with the agreement. At a past meeting, a question was raised regarding the number of players who live in the Dublin school district. Of team members age 13 and under, 90 percent of the girls live within in the Dublin school district. Although the ratio changes when the girls enter high school due to a change in interests, the percentage of Dublin school district players who are age 8-19 is 80 percent. Mr. Lecklider noted Mr. Ortiz, OFC Representative of OFC had indicated the agreements were satisfactory. He inquired if fields would be available for middle tier games in view of their priority for field requests. Ms. Ott stated that this priority was employed this past season satisfactorily. She is confident that it will be satisfactory for the three-year term of the agreements. Mr. Lecklider stated he recalls at the meeting last year on this issue, Council defined their underlying philosophy as one of providing opportunities for a middle tier level of play. At that meeting, carding was discussed at length. Council subsequently defined the direction for these agreements, which was that the MTO would provide more competitive play than recreational soccer, but it would not require the level of competition or commitment of time and finances the higher level of carding requires. Why would a middle tier organization need to be carded to play within the Central Ohio region? The fact that carding has now been included in this proposed agreement is contrary to that direction. Ms. Ott stated the master DSL agreement does not address carding of the middle tier organization, as Council did not give specific direction regarding that issue. Therefore, the proposed agreement allows for negotiations to occur with any future middle tier organization. Currently, the organization with the strongest showing is the Dublin Middle Tier Soccer Organization, and it is not showing any interest in becoming a carded league. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC., FORM NO. 10148 ovem er age Held 20 Mr. Lecklider stated if that issue should arise, he would expect staff to seek Council's direction. Council would not want OP or OFC to leave, as the City has enjoyed a mutually satisfying relationship with those parties for years. He referred to page 2, Article II, "Responsibilities." Coaches should also be included in the list of individuals subject to these regulations. Perhaps they were meant to be encompassed within the category of officials or participants. Also, he endorses the provisions of Item #7, but the language, - "volunteers regularly alone with children," warrants revision. Mr. Lecklider commended the club members, both past and present, for their hard work. Mayor Chinnici-Zuercher stated that coaches are not by definition "officials," nor are they "participants." She recommended that the word "coaches" be specifically included in the definition. Regarding item #7, there is actually legal language from the State about a requirement of background checks for individuals. She recommended that staff have the Law Director draft the appropriate language to make that section consistent with State law. Mr. McCash stated that staff indicates that the overriding DSL agreement on the middle tier program is silent regarding the issue of carding. That would be negotiated at the time an MTO agreement is proposed. Ms. Ott responded that was her understanding -the DSL agreement would be silent on that subject, but the MTO agreement would incorporate Council's expectations of the middle tier program. Mr. McCash stated that because the overall DSL agreement is silent regarding the specifics of an MTO program, as they are yet to be determined, he would propose that the following two sentences be stricken from article 4, which read: "An MTO may be carded and participate in tournaments in the Central Ohio region, to include the following counties...." and "Teams in this program will not be able to travel and participate in tournaments outside the Central Ohio area." No MTO agreement has yet been established, and it is not appropriate to define MTO limitations in the club agreement. Also in article 4, second line from bottom, there is a duplicate word, "programs," one of which should be deleted. The word "against" should be replaced with "in conjunction with..." Article 7 is not consistent with the staff memo or the PowerPoint presentation. According to the agreement, the contractee has a right to terminate the agreement if the City permits an MTO to sponsor carded, competitive teams, but the PowerPoint information indicated "other than GOYSL." If that is the intent, then the contract language should be clarified to state that the contractee has the right to terminate if the City enters into an agreement with an MTO other than GOYSL, which permitted carded teams. Ms. Ott responded GOYSL does not permit carded teams. The clubs would have the option to opt out of their agreements if the MTO provider recommended by staff decides to become carded. Mr. McCash stated this indicates that the teams can quit and go elsewhere if the Dublin MTO becomes carded. Mr. Keenan stated the subject was thoroughly covered last year with Mr. McDaniel. Was this language drafted by Mr. McDaniel? Mrs. Ott stated she contacted Mr. McDaniel via email regarding the MTO agreement. Although Mr. McDaniel's initial recommendation was for the MTO not to be a carded organization, Council's direction was for the MTO to be silent on that issue. The agreements presented tonight are not silent on the subject, however, because the clubs are looking for some clarification of the difference between a club team and a recreational plus organization in Dublin. Mr. McCash responded the agreements do more than address carding or not carding. In some areas, they are very specific. Mr. Scoliere stated carding by definition is select soccer. The clubs have been very content with the GOYSL organization, because they believed it was one tier of athree-tier structure formed a couple of years ago as Council intended. Those tiers were: (1) recreational soccer; (2) soccer-plus or GOYSL, which provided more opportunities for the teams; and (3) select soccer, in which teams are carded through the U.S. Soccer Federation. Although these agreements provide the ability to "opt out," he does not view that as "a poison pill," and that the teams would pull out. It reflects the fact that this is a long-term agreement; should the game change, the teams could look at other options. From his perspective, the teams should remain here for a long period of time. Because the intention has been to have three tiers, including carding with the middle-tier RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC., FORM NO. 10148 ovem er age Held 20 organization merges two tiers, and results in confusion. They have made an effort to keep the distinctions as straightforward and simple as possible. Ray Ortiz, 5415 Dunmere, OFC Soccer Board, referred to the Mayor's comment regarding compliance with background checks. The coaches in the MOSSL League sign a risk management form called "Kid Safe." That requirement could be added to the agreement. He has coached in DSL and GOYSL, which is recognized as the middle tier. He also coached one year in travel soccer. He participated in a committee formed two years ago to work on the soccer organizational issues in Dublin. The result of their work over an eight-month period was the intent that there be a distinctly three-tier organization in Dublin. Although he does not oppose the agreements, inclusion of carding in the MTO is not in sync with the work of their committee, which was to have the three-tier distinction. Dublin already has a select program, which is parent-coached. Participation costs are approximately $450-$475, which is carded. However, they do not travel as much as the elite teams. Mr. Clinton stated that these agreements represent a compromise. OFC and OP are exclusive organizations in Dublin, and their membership fees are costly. Because the City does not want to have multiple clubs within the City, Mr. McDaniel designed an agreement for those players who could not afford memberships in OFC or OP to bypass the exclusivity issue, and have some limited opportunity to play in tournaments within a limited geographic area. Mr. McCash inquired if it is necessary to be carded to play in a tournament. Ms. Ott responded that requirement varies. Mr. McCash noted that with the proposed agreements, a club could become carded to play in the limited local tournaments, but they would not be forming another elite club. Mr. Clinton responded that OFC and OP are carded teams. However, the GOSYL team would not become carded. For the sake of a tournament, the GOYSL team players would receive a tournament card, which would allow them to play on a team in the tournament. Mr. Lecklider stated that the proposal may not meet the expectations of the OFC and OP programs, however those two organizations still retain the distinction of their specialization. The GOYSL teams would play in a limited number of tournaments within a specific geographic area. OFC and OP offer a much greater opportunity for that level of play. Mr. Ortiz responded that, presently, the select teams, which are similar to what middle tier might be, play four tournaments a year. The cost of the GOYSL fee plus the cost of the four tournaments equals the OFC fee. When a team is carded with MOSSL, they can play anywhere. Mr. McCash stated that the issue should be dealt with in a future MTO agreement, and limitations on how that works should not be included in these agreements. Mayor Chinnici-Zuercher asked for clarification of the language he proposes to be removed. Mr. McCash responded that the language is on page five, section IV, the third sentence beginning with "An MTO may be carded..." and the fourth sentence beginning with "Teams in this program will not be able to travel..." The definition of a middle tier soccer program in the second sentence is consistent with the City's agreement with DSL. It states that it is a level above recreation play, but below the select or elite clubs. Mr. Keenan stated that this language was specifically structured by Mr. McDaniel, and he has a great deal of trust in what he drafted. This agreement was worked on extensively, and removing those two sentences could potentially change or miscommunicate the intent. Mr. McCash responded that it would not change the intent of this provision, given what the overarching DSL agreement has set forth regarding an MTO. Mr. Keenan stated that he would prefer to hear Mr. McDaniel's views on this matter. Can he be contacted by email? Ms. Brautigam responded that his military assignment has presently made him unavailable for contact by email. Mr. Keenan stated that it is unfair to Mr. McDaniel to change the product that he worked so RECORD OF PROCEEDINGS Minutes of Meeting Dublin City Council DAYTON LEGAL BLANK, INC., FORM NO. 70148 Held November 21, 2005 Paces 15 hard to complete. Each sentence is included for a specific reason. Mr. McCash wondered if that is the case with these two sentences. There are two - individuals present tonight who have commented that these two sentences were not in the agreement that Mr. McDaniel developed and that they had previously reviewed. Ms Ott responded that the two boards have reviewed the present agreement. Mayor Chinnici-Zuercher responded that Council's original direction for these agreements was that they not address the carding issue. This language is appropriate in the MTO, not in this agreement. Mr. McCash agreed, adding that it could be a stated limitation in the MTO agreement. Mr. Lecklider stated that Mr. McCash is not suggesting by the removal of this language that the opportunity would be precluded for the middle tier organizations to become carded. Mr. McCash stated that he does not want to preclude that opportunity, and no limitations should be placed on the future MTO agreement in this agreement. Mr. Clinton stated that the agreement being discussed is the DSL overall master agreement, which governs the clubs and the MTO. It establishes the parameters of all. Mr. McDaniel did place that language in this agreement, and for that reason. It has been a contentious point in the development of these agreements and required compromise in order to secure the signatures. Perhaps the language could be eliminated in the club agreements, but, for now, the current DSL governing aspects should be included. Mayor Chinnici-Zuercher stated that Mr. Clinton's position is the opposite of the position of Mr. McCash. Mr. McCash stated that this agreement is not with the DSL. It is an agreement between the City and the clubs, and the overall DSL agreement does not have this type of limiting language. Ms. Ott stated that the 2004 agreement with DSL does not address whether the MTO would be carded, nor does it mention a specific geographic limitation for the MTO. Mr. McCash stated that there are two separate agreements. Although DSL is a signatory on this one, it is an agreement for the girls and boys clubs. These two agreements should not place limitations on a third organization, which is yet to be formed. Ms. Ott responded that the language was included to provide a comfort level to both OFC and OP about the future role of the MTO in the community, and to clarify the three tiers of play. Mr. McCash stated that the second sentence of Article IV makes that clarification. It clarifies that it is not a competing club team, but something less than that. The two additional sentences are specific to an MTO. Mr. Lecklider stated that he understands Mr. McCash's point. But in light of all the negotiations which have occurred among the parties, he believes there was a specific reason that language was included. Therefore, even though he agrees that the language is not a necessity for the agreement with OFC and OP, and he suspects that if the language were removed, the result would be the same, under the circumstances, he is not comfortable with removing the language after the parties have agreed to it. Mr. McCash responded that unfortunately, there seems to have been a "slight of hand." Mr. McDaniel is out of town, and suddenly, there appears language to define and limit the future MTO. The clubs want to negotiate the contract for the other organization by structuring the MTO's limitations in this agreement. This language should not be included. Mr. Lecklider stated that Mr. Clinton has been an active participant in these discussions. He is an advocate for enhanced rights for the middle tier organization. Given Mr. Clinton's involvement and indication that the agreement is acceptable to him, Mr. Lecklider indicated he is personally comfortable with retaining the language. Mr. Clinton responded that these agreements represent a compromise of some of his ideas, but it is an acceptable compromise. He does not believe there has been a "slight of hand." There was a meeting in 2003 at which Mr. McDaniel covered this specific issue. Mr. Lecklider stated that it is his understanding that all views are represented with this agreement. Ms. Salay stated that this is a three-year agreement. If anything proves to be unsatisfactory with the agreement, it can be addressed later. At the present, there is no need to fix something that is not broken. Things change in the soccer world. Perhaps GOYSL wants some type of carding for identification purposes, but it is not the same type RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC., FORM NO. 10148 ' Held 20 of carding that exists today. If the middle tier program desires something different from this, they would have to go to the respective parties and an amendment to the agreements could be proposed. Mr. McCash inquired if she is stating that these agreements would have to be amended if a future MTO wants to do something different. Ms. Salay stated that there would be three years in which tb determine that. The MTO t doesn't yet exist. Mrs. Boring stated that is the problem with this agreement. The MTO doesn't yet exist, yet they are being limited without participating in a discussion. Ms. Salay responded that the people who understand the complexities of the soccer world have indicated the agreements are satisfactory. Mr. Clinton, who is an advocate for the middle tier program, has so indicated. Mrs. Boring responded that Mr. Clinton stated that a compromise was necessary to achieve agreement. Mayor Chinnici-Zuercher inquired if Mr. McCash would like to propose a motion. Mr. McCash responded that a significant amount of time was spent on this discussion 18 months ago. He is surprised that it took an extended period of time to produce these agreements. He moved that the third and fourth sentences of Article 4 regarding the Middle Tier Program on page 5 of 8 be struck from the agreement. That would not limit the City in any way. Mrs. Boring seconded the motion. Vote on the motion: Mr. Keenan, no; Mr. Reiner, no; Mayor Chinnici-Zuercher, no; Mr. McCash, yes; Mr. Lecklider, no; Ms. Salay, no; Mrs. Boring, yes. Mayor Chinnici-Zuercher reiterated the other changes that Council members have agreed upon: (1) In Article 7, page two, add "coaches" to #2; (2) in Article 7, add the language that Mr. Ortiz suggested could be obtained by the Law Director's office; (3) remove the duplication of the word "program' ; (4) in Article 4, second line from bottom, delete the duplication of the word, "programs;" (5) in the same Article, replace the word "against" with "in conjunction with..." Mayor Chinnici-Zuercher called the vote on the proposed amendments to Resolution 78- 05. Vote on the amendments: Mrs. Boring, yes; Mr. Keenan, yes; Mr. Reiner, yes; Mayor Chinnici-Zuercher, yes; Mr. McCash, yes; Mr. Lecklider, yes; Ms. Salay, yes. Mayor Chinnici-Zuercher called the vote on the proposed amendments to Resolution 79- 05. Vote on the amendments: Mr. Reiner, yes; Ms. Salay, yes; Mayor Chinnici-Zuercher, yes; Mr. Keenan, yes; Mrs. Boring, yes; Mr. Lecklider, yes; Mr. McCash, yes. Mayor Chinnici-Zuercher called the vote on Resolution 78-05 as amended. Vote on the Resolution: Mr. Keenan, yes; Mr. Reiner, yes; Ms. Salay, yes; Mr. McCash, no; Mrs. Boring, yes; Mayor Chinnici-Zuercher, yes; Mr. Lecklider, yes. Mayor Chinnici- Zuercher called the vote on the Resolution 79-05 as amended. Vote on the Resolution: Ms. Salay, yes; Mr. McCash, no; Mrs. Boring, yes; Mayor Chinnici-Zuercher, yes; Mr. Lecklider, yes; Mr. Keenan, yes; Mr. Reiner, yes. APPOINTMENT Resolution 80-05 Appointing a Member to the Architectural Review Board of the City of Dublin. Mr. McCash, Administrative Committee Chair introduced the resolution. He noted that Council has interviewed candidates to replace Richard Taylor, who resigned from the Board. The recommended candidate is William Souders to fill the unexpired term of Richard Taylor. He asked the Clerk to correct the language in the resolution to substitute "appointed" for "reappointed." Vote on the Resolution: Ms. Salay, yes; Mr. Lecklider, yes; Mr. McCash, yes; Mrs. Boring, yes; Mayor Chinnici-Zuercher, yes; Mr. Reiner, yes; Mr. Keenan, yes. OTHER • Concept Plan - Schoedinger Funeral Home -Emerald Parkway and Innovation Drive RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC., FORM NO. 10148 r Held 20 Ms. Wanner stated that this is a concept for a funeral home located at Emerald Parkway and Innovation Drive. On October 6, Planning Commission reviewed the plan. The main issues of discussion were the traffic impacts for the proposed uses on the road network and the applicant's request for a right in, right out access along Emerald Parkway. The applicant is seeking feedback from Council regarding the concept plan. She displayed aerials of the site. The site consists of 8.8 acres and some industrial uses surround the north half of the site. There are some vacant parcels to the south and to the east of the site. The northern portion includes a stream and some riparian vegetation. The site is zoned Restricted Industrial, as are surrounding sites to the north and south. There is a portion of land across Emerald Parkway that is zoned Planned Commercial District. The site plan includes 11,000 square feet of building, including a funeral home that is turned toward the intersection of Emerald Parkway and Innovation and an associated reception center for use after funerals. There are also some office buildings shown to the west of the proposal, including four one-story buildings and one two-story building, for a total of 32,000 square feet of office area. The applicant has requested a right in, right out curb cut along Emerald Parkway. The City Engineer is reluctant to allow that curb cut, as the Emerald Parkway plans did not include that cut. Other comments at Planning Commission related to the density of the office subarea. Staff will be looking to cap this density somewhere close to 9,000 square feet per acre, consistent with other office developments in the City. She noted that staff has directed the applicant to pursue an access study in conjunction with the traffic study. Staff has encouraged the applicant to review the design of the office area as well as the density, and continue moving forward with the rezoning. The applicant is seeking comments and feedback from Council at this time. Mayor Chinnici-Zuercher asked Ms. Wanner to identify the approximate location of the curb cut on the slide shown and asked about the distance of the curb cut from Innovation Drive. Ms. Wanner stated that the curb cut is 240 feet from Innovation Drive. Mayor Chinnici-Zuercher asked if staff is requesting that the applicant decrease the density. Ms. Wanner responded that staff has not requested that of the applicant at this time. Staff is seeking feedback from Council on the land use issue of a funeral home in this location and the curb cut locations. Mayor Chinnici-Zuercher commented that she is pleased that the City of Dublin will finally have a funeral home in the community. It has been needed for a long time and this is a good location for one. She suggests that Council seriously consider allowing a right in, right out from Emerald for reasons of access and because those coming from out of town could more easily find the funeral home. She does not have a concern with a curbcut at this location. She is intrigued with the concept of a reception center. Do these exist at other locations in the area? Randy Schoedinger, Schoedinger Funeral Home stated that there is not another area location with this type of facility. They have observed a trend toward less traditional services, with families requesting a variety of celebration of life services and gatherings. This provides a separate facility for such a gathering. It could also be used for those having a traditional funeral to have a space for a dinner immediately adjacent. It could also be offered free of charge to community groups for meeting space at times the space is not scheduled for the business. Mr. Reiner asked if a kitchen would be included. ~ Mr. Schoedinger responded that it would have a kitchen area suitable for caterers to use, but not full cooking facilities. Mr. Keenan asked if liquor permits would be required for this facility. Mr. Schoedinger responded that caterers would secure such permits when using the facilities. Mr. Reiner stated that the City does need a funeral home, and this is an excellent location for one. The proposal has a very interesting layout. Mr. Schoedinger stated that it is very vital to them to have good access and that the I RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting_ DAYTON LEGAL BLANK, INC., FOAM NO. 70148 r Held 20 funeral home be easy to locate. Most of their clientele is elderly. In terms of exiting, it would be difficult to exit funeral processions by looping around the back of the building onto Innovation Drive and then turning again. The additional turns involved extend the width of the procession, backing up Emerald Parkway even more. Mr. Reiner noted that it appears that there is adequate parking on the site. Mr. Schoedinger responded that there are 180 spaces planned and this will generally meet their needs for all but an unusually large funeral service. Mr. Keenan noted that Ms. Wanner addressed the office uses and he recalls that the Planning Commission discussion related to reducing the density. Ms. Wanner responded that the Commission wanted to cap the density at approximately 9,000 square feet per acre. What is currently shown on the plan is around 10,000 square feet per acre. Mr. Keenan asked if the 180 parking spaces are for the funeral home only. Mr. Schoedinger responded that this is correct. Mr. Keenan noted that the Commission noted that a site just to the south is also zoned for a funeral home and will soon be a subject of discussion. At the Commission meeting, Mr. Schoedinger responded to a question about having two funeral homes in close proximity. Mr. Keenan asked that he share those comments with Council. Mr. Schoedinger stated that the other applicant is Tidd Funeral Home, and as far as he knows, that project is presently on hold. They do not believe it is a negative to have two funeral homes in a community of this size. In other areas of Central Ohio, there are funeral homes adjacent to one another. Essentially, it will offer a choice to the consumer. Ms. Salay stated that it is not negative to have two funeral homes, but for a resident of this area, it is a negative to have two funeral homes in such close proximity to their homes. The site to the south on the Thomas Kohler development that is presently in contract with Tidd Funeral Home was the subject of negotiation in 1995 with the neighborhood. A big concession from the neighborhood's perspective was to allow the use of a funeral home. In the case of the funeral home to the south, it is a conditional use. The conditions involve the proximity to the park and the homes, and given the fact that it meets the conditions, it will likely be considered a permitted use given Council's recent discussions about conditional uses. The neighborhood's concern is with having a permitted funeral home in such close proximity. While it is something needed in Dublin, the neighborhood does not support having two in such close proximity. She could therefore not support this use in this location unless the funeral home use on the Thomas Kohler site is eliminated in some way. She is not certain how that could be done other than this applicant working out something with the developer of the Thomas Kohler site. This is simply the wrong location in her view. Mr. Schoedinger asked for clarification - is this because she believes the funeral home is a less attractive use than office? Ms. Salay responded that the business is not a pleasant use and it is not desirable to have two funeral homes in such close proximity to the neighborhood. The neighborhoods have asked her to carry this message to Council. Mr. Lecklider asked about the specific location of the other conditional use to the south. Ms. Wanner identified the location on the map. A funeral home is allowed as a condition use on that site. It has frontage along Emerald Parkway. Mr. Reiner asked if that is the area with a forest behind it. Ms. Salay responded that the forest is actually Heather Glen Park. Mr. Lecklider stated that he has some mixed feelings about this. He understands from a business perspective the reasons the applicant would favor this site, in view of its visibility. What has occurred to him tonight is a question of whether this is the highest and best use for the site. This is his only reservation, given Council's responsibility to rezone. Perhaps the City could in fact generate a great deal more revenue if it were an office building. Mrs. Boring stated that she has concerns about Council Members comments about what might develop on another site in the future. Even though the Thomas Kohler property is RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC., FORM NO. 10148 r Held 20 zoned, it does not mean that the funeral home will be built on that site. She believes that the proposal before Council tonight is a fabulous development of a site located adjacent to a substation. She cannot imagine a better proposal for this site. She likes the reception area proposed. Council should look positively on the natural experience of death. This will be a nice neighbor for the adjacent substation. Mr. Schoedinger provided some history of the process. They contacted the City two years ago for assistance in identifying appropriate locations for a funeral home, and this was one of the five sites identified by the City. From the standpoint of being a good neighbor, homeowners in other communities have cited the same concerns about a proposed funeral home. It is quickly realized that having an office use adjacent with heavy traffic at rush hour is much less desirable than a funeral home with traffic at off hours and which offers a reception center that can be used by the community. They would love to be part of the Dublin community. Mayor Chinnici-Zuercher thanked Mr. Schoedinger, and noted that Council looks forward to working with him. • Concept Plan -Bantry Greene - 9756 Hyland-Croy Road Ms. Wanner stated that this concept plan includes 189.57 acres with a variety of residential uses, a village retail area and 86.6. acres of open space. It was reviewed by Planning & Zoning Commission on October 6, 2005 and issues of concern included the intensity of use and design of the proposed village area, as well as the 200-foot setback along Hyland-Croy Road and McKitrick Road. The applicant is seeking feedback on the concept plan prior to pursuing a rezoning. The site is located in the northwest area of Dublin and includes several parcels that were recently annexed. She reviewed the aerial of the site. The site is zoned R, Rural District and surrounding parcels in the City are also zoned Rural, the Tartan West development to the south is zoned PUD, and the other parcels are outside of the City. As required by the conservation design resolution, the applicant has submitted maps that address the four conservation design steps. She displayed and explained the maps. Based on the existing landscape features and provisions of conservation design, the applicant has created a proposed site plan which includes 60 estate lots to the north, 70 carriage lots and village lots in the center of the site, and 78 town homes to the west. A village retail area is shown in the southwest area at the corner of Hyland-Croy and McKitrick Roads. There are six access points on the plan -two along Hyland-Croy, two along Jerome, one along Brock Road and one along McKitrick. The plan includes 50 percent open space with bikepaths and trails that surrounding existing and proposed ponds. A 4.6-acre central park is located toward the center of the site where carriage homes front the site. The proposed lot plans shows the three distinct single-family areas: the northern portion are the estate lots, carriage lots have alleys and rear access and are located to the center; to the west is the town home subarea. She reviewed some conceptual elevations for the three areas. The applicant has submitted a revised site plan, based on input from the Planning Commission on their initial concept plan. They are seeking feedback from Council. She highlighted the changes: some lots have been moved to accommodate an existing tree stand; a lot was eliminated to allow a better view shed and bikepath access. In an area perceived to have too much of a grid-like pattern, and the applicant has modified the plan to create more open space, moving the lots to the south and creating an additional rear access alley, still adhering to the 200-foot setback. Much of the discussion at Planning Commission related to the village retail area. They have revised some of the plans in this area as well. Anew conceptual retail site plan was included in the council packet. This area has been further developed, based on comments received. Staff felt that the retail and residential areas were too segregated and should be more blended, and so the applicant has created a village green portion that is punctuated by smaller park spaces as well as a dock/pond feature accessible to users of the retail center and to those living in the residential area. With this plan, the applicant has taken the notion of the historic four corners block concept and decreased the setback along Hyland-Croy and McKitrick Roads for the retail portion only. The applicant would like to speak to the concepts tonight. She showed some conceptual retail elevations which were shown to the Commission. Staff and the Commission felt they lacked village character, and so the applicant provided a revised elevation which divides the masses of the elevations and addresses the rural setting to expand the village notion. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC., FORM NO. 10148 , Held 20 She displayed some additional renderings the applicant has submitted. They are continuing to refine the renderings to ensure they are in keeping with the rural setting. She noted that the site has a 12-foot grade change through the area, which is some of the more dramatic topography in Dublin. The applicant is continuing to keep that topography in the development process. She summarized that while this proposal does not entirely meet the future land use outlined in the Community Plan, it does strive to create a neighborhood with necessary amenities, which is a feature envisioned during the Community Plan update process. Staff recommends that the applicant continue to move forward with a rezoning application, based on comments and feedback from staff, Council and the Commission. Ben Hale, Jr., 37 W. Broad Street, Columbus, OH 43215 noted that he represents the applicant and is accompanied tonight by land planner Jim Houk and architect Brian Jones. Mr. Hale described the process they have undertaken over the last several months, attending many City meetings about the Community Plan update and the Central Ohio Innovation Center. They have also visited some high quality developments identified by staff as a type of development desirable to have in Dublin, such as Franklin, Tennessee and the Kentlands. This development will have four types of housing product. They have created 50 percent open space, more than the 40 percent open space in Tartan West. The 12-acre area where the elementary school is being built was originally part of this site. The Dublin Schools passed a bond issue but did not have a site. They had committed to open an elementary school and needed a site. The developer then sold the Schools that site at cost to facilitate its construction. He noted that architect Brian Jones was retained because of his work on Market Street in New Albany and the desire of some Council Members to have this type of architecture in Dublin. They have tried to bring an outstanding team together to work on this development. Jim Houk, land planner stated that when their planning efforts began, they researched the projects staff had referenced as being desirable for Dublin. There are five overriding principles they used in designing this project: diversity of product, different residential types than what had been built in Dublin previously, well planned neighborhood retail, different land use patterns and diverse and high quality open space. He described the topography and tree rows and how that drove the development pattern. They have developed four different lot types within the carriage lots. There are 29 acres of open space preserved at the corner of the site and the central feature is a four-acre park. A big issue is the retail area, and Brian Jones will address that. Mr. Hale noted that the unloaded road and alleys add cost to the development, one third more. Consumers are willing to pay more for this type of development. Mr. Houk added that a key element of the design is to minimize the impact of garages and cars. Brian Jones, Brian Kent Jones Architects stated that he is honored to have the opportunity to contribute to this neighborhood and retail center. He has done some residential work in the Dublin community at the Estates of Muirfield. Upon introduction to the project, they were asked to critique the existing work on the project to date. Their background in working for the New Albany Company and establishing some of the criteria for that central village redevelopment and with their recent work on the future phases at Easton, they focused on the place-making aspects that have been identified in successful projects such as the Grabill development in Historic Dublin. They are trying to develop a model for an opportunity on this special site. They have looked at two specific development models in their research: Lake Forest, Illinois and Shaker Heights in Cleveland. These were wonderful examples at the turn of the last century of integrating the concept of a village core into a residential concept. He described the various details of the site plan, as the boards were displayed. He emphasized that they have tried to adopt a cogent strategy in the relationship of the front of the buildings to a primary street system. The strategies employed can represent a place that can make a wonderful architectural contribution to the community. Mr. Hale stated that some of the buildings are two story, and they are not certain what will be housed on the second story. They are still looking at some of the options for uses in the two story buildings, whether it is residential or office. This is the ultimate entry feature and will make a strong architectural statement. They have talked with the Muirfield RECORD OF PROCEEDINGS Minutes of Dublin City Council Meetin~_ DAYTON LEGAL BLANK, INC., FORM NO. 10148 Held 20 residents about their plans, in view of their concerns about the previous Kroger proposal. They have received strong support from them that they are on the right track with this development. Mr. Reiner stated that this is a much better proposal than he anticipated. He is impressed with the project team. His first reaction is what is this development doing in this area of Dublin at this level of intensity. His vision was that surrounding Glacier Metro Park would be development of a conservation design concept and open space in this rural area, consistent with the Community Plan. Dublin is focusing on village concepts in Dublin, but he doesn't envision this as an appropriate location. As this area is developed, there will be traffic impacts with loading all of this onto Brand Road. If there is access to 161, it will be overloaded as well, given the current conditions of back up to 270. Another traffic congestion point is the bridge at Glick Road, and there has been no movement by the state to improve the intersection at 745 and Glick Road. He is very concerned with the density in this location. He observes the influence of Brian Jones in the architecture of the commercial portion plans -can he assume that Mr. Jones will participate in the single- family portion and the elevations? There is some high quality design apparent in the two elevations shown in sepia. Mr. Hale responded that they will have Mr. Jones participate in this portion as well, if that is Council's desire. Mr. Reiner complimented the City staff on the modifications to the plan. Is it accurate to say that it has 75 percent open space behind the units? Mr. Hale responded that it is 75 percent either front or back on the open space. Mr. Reiner stated that this is a quality of life issue for people, providing a sense of space which is the goal of the conservation design. Mr. Reiner noted that he is not certain how well integrated the town center is into the overall concept. Is there enough retail mass to make it viable? He has seen what Mr. Jones has done with the Market Street area in New Albany -the architecture is exceptional, as is the price. Mr. Hale responded that there are some new units being done there just to the south and they are trying to keep the prices under $400,000. In terms of the amount of retail, they envision this as a neighborhood center, a convenience center. The goal is to intercept trips out of the neighborhood by having the convenience items located within it -drug store, gas station, doctor's offices. Mr. Reiner noted concerns with the adequacy of the setbacks and right of way allowances. The Engineer would have to make the judgment of whether this is adequate for future roadways. Mr. Hale responded that they understand that adjustments may be needed, but they do not want the architecture pushed back too far because historically, houses fronted right on the corner. Mr. Reiner reiterated that he remains concerned about having adequate right-of-way. The engineer's input is critical on this matter. Mr. Hale acknowledged this, adding that staff has also raised this issue. Mr. Reiner commented regarding the Chesapeake units. The stone should be taken to the roofline, not rolled around the corner. The theater facade look does not convey a quality appearance. He also has concerns with the standard looking houses done in grey with the garage doors on the front. This area does not seem in keeping with the rest of the development. There are some other elevations that he has some concerns with, based on what is being shown tonight. Mr. Hale responded that they are aware of these concerns. Mr. Houk stated that a lot of these are being revisited. They are committed to doing a new product for this area and are working through the details. Mr. Reiner summarized that these are his major concerns. His major question is why this development is in this location - it doesn't belong here. In the Dublin Village Center, with a larger commercial area, or in Historic Dublin it would be fine. He is not certain how many pods throughout Dublin will be saleable. How many villages does Dublin really need? Conservation design would be a more practical approach in this area. Mr. McCash stated that it is an interesting concept from the standpoint of layout. The density is within the guidelines in the Community Plan of 1-2 dwelling units per acre. This is in essence the result of doing some of the provisions of conservation design, and not RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC., FORM NO. 10148 r Held 20 sacrificing the density in the tradeoff. The retail element is needed in this area of the City. The Plan update consultant spoke of the distance those in the northwest are required to access shopping. He favors the revised elevations done by Mr. Jones versus the previous renderings which were similar to a Dublin Village Center approach. Having said that though, the revised layout still constitutes "putting lipstick on a pig." He envisions that what will result will be a Walgreen's and a UDF with gas pumps. He does not envision the layout of the site as providing a village feel. Whether there is 200 feet along Hyland-Croy or not, he does not favor this layout. He does not like having the double parallel parking, then hidden behind a mound, and then Hyland-Croy itself. This layout at that location does not excite him. In terms of the retail element, they should try to do something other than having a Walgreen's or CVS on the corner. Mrs. Boring stated that she agrees with Mr. Reiner -the housing should be more unique in terms of the elevations. Regarding the streetscape for the village center, some components are missing such as accessories of lampposts, flower boxes, etc. to soften the look. Some of Mr. Combs' Historic Dublin streetscape plans incorporate these accessories. The streetscape for the village center needs to be refined. Mr. Keenan stated that his biggest concern is with the retail element and how it will work. A retail element is needed to limit the trips in and out of the development by the residents. His initial reaction is that any community would welcome this plan -the density is good, the open space is good and in keeping with the conservation design principles. He supports this concept. Ms. Salay asked about the dimensions of the four-acre park. Mr. Houk responded that it is 300 feet wide by 1,200 feet long. The smaller park is 2.3 acres. Mr. Hale added that there are 29 acres along McKitrick, some of it 800 feet deep. This is a very large rural setback. Ms. Salay stated that overall, the concept is good -there are details to be worked out. It is a creative approach. For the retail area, she believes it should be located in the original location at the southeast corner. The new Tartan West is located immediately to the south, the elementary school is to the north, and a Metro Park is located across the street. It would make more sense to flip this to the other side, away from the Metro Park and school. There are sometimes conflicts between a retail site and a school. The concept needs some further refinement, and she agrees with Mr. McCash about the drugstore on the corner. Her concern is that would remain would be only the drug store and the gas station, if the other retail does not flourish. There is a need for retail in this area, which is very underserved. The roadways will be overburdened. The original location of the retail makes more sense to her. Mr. Lecklider noted that he appreciates all of the word that has been done to this point. He is generally supportive of the concept with a diversity of housing. He likes the integration of the school site as was done with the Kentlands development. He appreciates the revision that has been supplied, which is a positive step toward what he ultimately wants to see. He does have concerns about the possibility of a national chain drugstore being located on the corner. It would have to have an exceptional design. Many drugstores now have adrive-through, and he would have concerns about that. He recognizes retail is needed to serve the general area to eliminate trips southward. He cannot imagine what kind of gas station would locate on this development. He would likely oppose a typically scaled station that has 12 or more pumps. He noted comments made by Planning Commission about whether the retail center would be two stories. He would not have concerns about having two story buildings for that portion. He likes the narrowed entrance off of Hyland-Croy, which creates a special feel. In regard to the residential component, the key is the architecture and materials used. To him, some of the elevations shown lean more toward the ordinary. Architecture is the key issue for this development. Mayor Chinnici-Zuercher stated that in general, this is an interesting concept. She would like to see much more interest in having the architect take into account the location -with a fabulous park across the street, Tartan West with the grapes and Tuscany theme, etc. This interesting destination look should be continued. She likes the mix within the RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAVTON LEGAL BLANK, INC., FORM NO. 10148 r Held 20 development. She is concerned with the potential traffic and how the developer will work to improve the infrastructure in the general area for those who work and live there so that they can have egress and access within a reasonable time. The potential success of the retail is dependent upon the mix included. A decision must be made about whether their goal is to reduce the need for people to travel outside the area for their needs, and if so, what does that dictate in terms of types of retail. It would also draw traffic from Tartan West and future development in the area. She cannot envision a large gas station in this location, but there would likely be a smaller type suitable. She likes the setbacks - it looks good. She likes the mixed housing types as proposed. The catch always is obtaining what the City is looking for in terms of architecture and quality, yet at a reasonable price so that a diversity of housing lends itself to accommodating people with a diversity of economic status. It seems that the price point at the end of construction is often not what is predicted at the outset of a project. She summarized that Council is generally supportive of the direction, with some additional work needed. • Concept Plan -Shamrock Crossing -West Dublin-Granville Road Mr. Hale noted that they represent the applicant, and due to the late hour, he suggests this be held over to another time. Mayor Chinnici-Zuercher noted that a resident had signed in to testify on this matter and she invited her to make comment at this time. Linda Merchant-Masonbrink, 3168 Lilymar Court noted that the subject property is immediately north of their home. The current proposal for rezoning will adversely impact their property value as well as their enjoyment of their property. She has forwarded a copy of a letter dated October 12 which outlines their involvement in reviewing this project and their attendance at the Planning Commission meeting and meeting with the developer. When they met with the developer, they were told that they would be notified of any future meeting with the Council. However, they were not notified by the City -they learned of tonight's hearing in a different way. They have not seen any changes to the proposal, based on the concerns expressed to the developer. They have not had further discussion with the developer so she is interested in knowing the date on which this will be rescheduled. Mayor Chinnici-Zuercher noticed that this notice is provided by staff. Ms. Wanner confirmed that properties within 150 feet of the proposed rezoning are provided with notice. Staff will check on this. Ms. Merchant-Masonbrink noted their concerns that the development is very close to their property. Changing this to retail use will result in noise, light problems, adverse impacts to wildlife, and more pavement. They will return to testify when this item is rescheduled. Mayor Chinnici-Zuercher asked that staff ensure that notification is provided regarding the next hearing. She suggested that the developer meet with the residents to share the updated plans. • Final Plat -Tartan West Section 6 Ms. Wanner noted the subarea meets all the requirements and amendments made at the Planning Commission. Staff recommends approval. Mrs. Boring moved approval. Mr. Reiner seconded the motion. Vote on the motion: Mayor Chinnici-Zuercher, yes; Mrs. Salay, yes; Mr. Lecklider, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mr. McCash, yes; Mr. Keenan, yes. • N.E. Quad Park Naming Ms. Brautigam stated that the Kids Vote process has selected "Emerald Park" for the N.E. quad park. Staff is recommending modifying this slightly to, "Emerald Fields" in order to denote that this is an active park like Darree Fields, and to eliminate confusion with Emerald Parkway. Mr. Keenan moved approval of the name "Emerald Fields." Mrs. Boring seconded the motion. Vote on the motion: Mr. Reiner, yes; Mr. Keenan, yes; Mrs. Boring, yes; Ms. Salay, yes; Mr. Lecklider, yes; Mayor Chinnici-Zuercher, yes. • Presentation re Community Authority -Greg Stype, Squire, Sanders & Dempsey Due to the late hour, the presentation was postponed until the December 12 meeting, due RECORD OF PROCEEDINGS _ Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC., FORM NO. 10148 e Held 20 to the late hour. • Dates for Joint P&Z/Council Community Plan Workshop and New Albany Field Trip After polling Council regarding their availability, it was the consensus of Council to schedule the workshop for Wednesday, January 18 and the field trip for Friday, January . 20. • Request for Permission to Serve Alcohol for Event at Fletcher-Coffman Homestead -Dublin Historical Society Mayor Chinnici-Zuercher noted that the Historical Society has a holiday reception at the Homestead and permission from Council is required for them to serve wine. The Historical Society has indicated that should Council not approve serving wine, they will serve only the cider. It is not a problem for them. Mr. Reiner moved to approve serving alcohol. Mr. Keenan seconded the motion. Ms. Salay asked staff, in the interest of consistency, about why this situation would differ from other requests for this in City parks. Ms. Brautigam responded that both the Darree Fields request by the Miracle League and the Coffman Park request by the Kiwanis were for times of day that children would be in the vicinity. This event is confined to the Homestead and is an evening, winter event. It is an adult event and confined to a building. Ms. Salay stated that the fact that it is confined to a building gives her more comfort. It is important, in her view, to have an appropriate justification for granting this request. Vote on the motion: Mr. Keenan, yes; Mrs. Boring, no; Mr. McCash, yes; Mayor Chinnici- Zuercher, no; Mr. Reiner, yes; Ms. Salay, no; Mr. Lecklider, yes. (Motion carried 4-3.) COUNCIL COMMITTEE REPORTS/COUNCIL ROUNDTABLE Mrs. Boring asked about the modification to the Sprint agreement. Will that be brought back to Council for approval? Ms. Grigsby responded that as part of their original agreement, they are permitted to sublease their space. In return, the City will receive additional income from the antenna revenues. Mrs. Boring noted that part of her concern relates to the addition to the ground structure. Ms. Grigsby responded that there is an additional cabinet which will be erected, but it will be within the same defined easement area. Mr. Hahn added that there will be landscaping as well. Mr. Keenan reported that he, Ms. Brautigam and Mr. Hammersmith attended the Logan/Union/Champaign County Regional Planning Commission annual meeting. It was well attended and they were very pleased to have Dublin involved. There is a meeting of the US 33 Corridor group tomorrow night. Ms. Salay asked if Mrs. Boring plans to request a change to the January meetings. Mrs. Boring thanked her for the reminder. She is requesting that Council consider rescheduling the first January meeting to Tuesday, January 3 and Tuesday, January 17. Mr. Keenan stated that he would likely be out of town on January 3 for family travel. Following discussion, it was the consensus to leave the schedule as previously adopted. Mr. Lecklider: 1. Asked if staff is seeking Council direction regarding the Memorial Tournament signage. Ms. Brautigam stated that it would be discussed at the final budget hearing on December 12. 2. Asked that staff pass along thanks to the Building division staff members who volunteered in the hurricane region. Mayor Chinnici-Zuercher: 1. Reminded everyone of the letter from Cheryl Herbert, Dublin Methodist Hospital inviting Council to view the rooms for the new hospital. They are encouraging citizens to provide feedback. 2. Noted that Ms. Brautigam will be out of town this week and Mr. Ciarochi will serve as Acting Manager. 3. Noted that she has been selected by the National Committee on U.S./China Relations RECORD OF PROCEEDINGS Minutes of _Dublin City Council Meeting DAYTON LEGAL BLANK, INC., FORM NO. 10148 0 Held 20 to do a training program in China in December. She will therefore not be attending the December 12 Council meeting. 4. Due to the late hour, the executive session will be rescheduled for December 12. The meeting was adjourned at 11:30 p.m. u^~'-? Mayor -Presiding Officer Clerk of Council