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HomeMy WebLinkAbout12/12/2005 RECORD OF PROCEEDINGS Minutes of_ Dublin City Council _ _ _Meetin~ DAYTON LEGAL BLANK, INC., FORM NO. 10148 _ _ _ _ _ _ _ December 12, 2005 Held 20 Vice Mayor Lecklider called the regular meeting of Dublin City Council to order at 7:00 p.m. on Monday, December 12, 2005 at the Dublin Municipal Building. PLEDGE OF ALLEGIANCE Mr. Reiner led the Pledge of Allegiance. ROLL CALL Present were: Vice Mayor Lecklider, Mrs. Boring, Mr. Keenan, Mr. McCash, Mr. Reiner and Ms. Salay. Mayor Chinnici-Zuercher was absent (excused). Staff members present were: Ms. Brautigam, Ms. Grigsby, Mr. Smith, Mr. Ciarochi, Chief Epperson, Mr. Harding, Mr. Bird, Mr. Hahn, Mr. Hammersmith, Ms. Puskarcik, Ms. Wanner, Ms. Ott, Ms. Hoyle, Ms. Kennedy, Ms. Gilger, Ms. Willis and Mr. Whittington. APPROVAL OF MINUTES Ms. Salay requested a correction be made in paragraph 1, page 3 of the November 7, 2005 minutes, adding the word "to" so that the sentence reads, "She is hoping Council will endorse this process and ask her to bring this focus forward to employees." Mr. Keenan moved to approve the November 7, 2005 meeting minutes as corrected. Mr. Reiner seconded the motion. Vote on the motion: Mr. Reiner, yes; Mr. Keenan, yes; Mrs. Boring, yes; Ms. Salay, yes; Vice Mayor Lecklider, yes; Mr. McCash, yes. Ms. Salay moved to approve the November 21, 2005 meeting minutes. Mr. Keenan seconded the motion. Vote on the motion: Mr. Reiner, yes; Mr. Keenan, yes; Mrs. Boring, yes; Ms. Salay, yes; Mr. McCash, yes; Vice Mayor Lecklider, yes. CORRESPONDENCE The Clerk reported that a Notice to Legislative Authority was sent regarding a new D5 liquor permit for Tartan Development Company, Corazon LLC at 7155 Corazon Drive. There was no objection to the issuance of the permit. CITIZEN COMMENTS FOR ITEMS NOT ON THE AGENDA Don Bell, 2065 Gliddon Court stated that he is speaking on behalf of the Ponderosa Mobile Home owners, a senior citizen community. This group previously presented their concerns to City Council on September 6, 2005. As that meeting, Council directed that a special committee be formed to more closely review the concerns. The committee was subsequently formed and is comprised of Council representatives Salay and McCash; three Ponderosa representatives; Washington Township Trustee Gene Bostic; Ron Pritchard, Central Ohio Area Agency on Aging; and Charlie Driscoll, President of Edwards Land Company. In addition, Mr. Driscoll and his staff have conducted ongoing meetings with City Planning staff regarding the development of the acreage on which the Ponderosa homes are located. The Ponderosa representatives recently requested Ms. Salay to obtain approval from the appropriate authority for the Ponderosa committee representatives to attend developer/City staff meetings so that the representatives might observe and understand the process. In the meantime, another significant change will soon occur to these retired homeowners. On January 1, 2006, the residents will experience a 50-72% increase in lot rental rates. According to the agreement that the Edwards Land Company has with the landowner, the Ponderosa Mobile Home Park is now under the management of the Edwards Land Company. When he called Mr. Driscoll about the increase, he was told that the increase was the landowner's decision. The senior citizens can only speculate as to who was responsible for the action, timing and severity of the increase. At this time, the streets of the Ponderosa community remain unplowed, unsalted - a sheet of ice since last week's storm. Is such a severe rate hike punitive, or an increase in proportion to the cost of providing services and maintenance? Each person present can answer that question for themselves. This brings up the issue of ethical practices, and he has distributed to Council members a copy of a letter dated November 18 from Mr. Driscoll's office. It includes the names of the three Ponderosa Committee representatives. The letter misrepresents the Ponderosa representatives by indicating that they had prior knowledge of or a participatory role in the upcoming rate increase. It instructs the Ponderosa residents to contact the three committee representatives with any questions about the RECORD OF PROCEEDINGS Minutes of _ Dublin City Council _ ___Meetin~_ DAYTON LE_OAL_ BLANK, INC.,_FOBM NO. 10148 December 12, 2005 Page 2 j Held 20 said increase. It is not clear who authored the letter; however, Mr. Driscoll forwarded it to the Ponderosa residents, fully aware of the false light in which the three committee representatives would be cast. Dublin City Council members have stated that they place a high value on ethical practices. Mr. Driscoll had an opportunity to inform a large portion of the Ponderosa community at the November 16 City/Ponderosa Committee meeting of the impending increase; however, he withheld that information. The Ponderosa residents believe it is important for Council members to be aware of what is occurring behind the scenes to the City's residents at the hands of individuals with whom the City does business. As City residents, they would like their Council representatives to evaluate the ethics of this conduct. They have scheduled a meeting with the City Manager later this week to again request authorization to observe the developer/staff meetings unless some other provision can be made to keep the Ponderosa representatives informed on the details of what is occurring with that land. It is their hope that the Edwards Land Company would file their proposed plan for the property soon. The residents are in the unfortunate position of not knowing what will occur in the future under the Edwards Land Company management. He thanked Council for the opportunity to express the Ponderosa community's concerns. James Vallela, 6334 Cartwright Lane North, stated that before the election, Council members in varying degrees expressed support for the Ponderosa community's plight. Therefore, he requests Council to approve a resolution in support of the senior citizen community - 137 senior citizens ranging in age from 60-90's, most with nowhere else to go. If they lose their Ponderosa homes, they lose everything. He would like to poll Council at this time concerning their willingness to approve a resolution of support. Vice Mayor Lecklider requested the Law Director to address the propriety of Council's passage of such a resolution of support. Mr. Smith responded that his recommendation to Council depends upon the content of the resolution. If the language should predetermine how Council would vote on a zoning application that has not yet been filed, he would recommend against it. All applicants for rezoning have the right to a hearing, the outcome of which is not predetermined. If the resolution language states that the Ponderosa residents' concerns should be heard at the time of the rezoning hearing, he would have no objection. After discussions with Council members and the City Manager today, he was invited to attend the residents' Thursday meeting with the City Manager to clarify what the City may appropriately do in regard to their issue. Mrs. Boring stated that on more than one occasion, residents have been concerned about the Community Plan dictating certain land uses next to their properties. In one case, Fiori Homes proposed a plan for multi-family homes next to Wellington, and the Wellington residents petitioned Council to amend the Community Plan provisions to protect them, which Council proceeded to do. If the Ponderosa residents are requesting a Council resolution regarding Council's expectation for the future Community Plan, how is this situation different? Mr. Smith responded that the difference lies in the interpretation of the speaker's petition. His perception is that the request could be for a vote to be cast on a project that has not yet been presented and heard. Mrs. Boring stated that the resident is inquiring what Council could appropriately do. Council could adopt a resolution of support with language that does not indicate a definitive position. These residents are asking for nothing other than Council's support of their community and perhaps their preference regarding land use in this area. In the previous situation referenced, a Community Plan revision was also in process, as it is presently. At no time was Council advised that there would be an issue with passage of a resolution recommending an amendment to the Community Plan in place at that time. Mr. Smith agreed. Council has amended the Community Plan on numerous occasions. That does not have the force of law that a zoning ordinance has. It is a policy statement regarding land use for a certain area. Mrs. Boring stated that she has had the apparently inaccurate perception that staff is meeting weekly with the developer of this project. She requested clarification. Ms. Brautigam responded that staff is not meeting weekly with the Edwards Company. The misperception comes as a result of Mr. Edward's request to staff at the June 13 study RECORD OF PROCEEDINGS Minutes of___ - Dublin City Council_____ Meeting DAYTON LEGAL BLANK, INC., FORM NO. 10148 December 12, 2005 Page 3 I~ Held 20 session at which he presented a concept for the southwest area. At that meeting, Mr. Edwards requested that staff meet with him weekly to process his request. However, staff resources have been insufficient to meet his request. Staff met with Mr. Edwards once at the end of July to discuss his general plan and once early in August with staff engineers from Mr. Edwards' office. Since then, there have been no regular meetings, and she believes there was one other meeting held to discuss his plan for the southwest area. There have also been one or two meetings with him regarding the Ponderosa community. There have been no regular staff meetings with Mr. Edwards. Ms. Salay stated in response to Mr. Vallela's request that she has met with Mr. Bell regarding the request for a resolution of support She spoke with the Law Director and then e-mailed Mr. Bell a response concerning the Law Director's opinion. That information was also shared with Council members. She assumed Mr. Bell would have communicated that message to the Ponderosa residents. Nevertheless, the meeting on Thursday with staff, the Law Director and the Ponderosa representatives should be productive in terms of achieving clarity as to what resolution language would be acceptable for Council to adopt. Council is indeed supportive of the Ponderosa community. Mr. Vallela summarized he now understands the answer to tonight's request for a resolution of support from Council is "no." Mr. Bell noted that his original request for a Council resolution was for a document with stronger language of intent. Ms. Salay explained to him that the Law Director had advised the earlier concept would not be appropriate for Council action. He and Ms. Salay did discuss what would be acceptable. Currently, the Ponderosa is included in the Community Plan for the Southwest Area. Perhaps, a resolution that it would be Council's desire and intent that the Ponderosa community be included in any further updates to the Community Plan would be acceptable. The suggested resolution focus was not clarified earlier. James J. Marlin, Jr., 2066 W. Henderson Road, attorney representing Ponderosa Management, stated that it is his hope that everyone understands that the best use of this land is not a trailer park. Everyone who presently resides at Ponderosa has been offered the opportunity to be moved free of charge to another mobile park of their choice within the area. [Objections/denials from the audience were voiced.] Referring to the anticipated rate increase, Mr. Marlin noted that the previous owner operated the Ponderosa mobile home park at below market rate for years. That fact has been discovered during the recent focus on the Ponderosa Park. The current management has decided to bring the rates up to the market price as of 1/1/06. He added that ten percent of the residents are up to four months' delinquent in their rent payments. Another 10 percent are less seriously delinquent. Perhaps the goal is to use this as a sham so these people can use their money for other things. It is not the intent of the park to be a charity for people who don't pay their rent. He welcomes an invitation to any meetings that might be held in the future. Mr. Bell requested Mr. Marlin to produce documentation of what he has just claimed -that the Ponderosa residents have received such notification of the opportunity to be moved free of charge to another mobile park of their choice within the area. Certainly, he would not come to a public meeting and make such a claim without documentation, and therefore he should be able to produce it. Mr. Marlin responded that he is aware of the amount of money that has been allotted to each party for a move. It is part of a contract with Mr. Edwards. He does not have a copy with him. Obviously, the Ponderosa residents do not appreciate or respect that. He did bring the rent records with him, so he can share the names of those who are delinquent, if Council would like. Vice Mayor Lecklider stated that Council would not be interested in that information. Mr. Keenan stated that this is a private property issue over which Council has no jurisdiction. This Council has no authority in regard to rent issues. He requested the Law Director's opinion. RECORD OF PROCEEDINGS Minutes of _ Dublin City Council_ - Meetin~_ DAYTON LEGAL BLANK, INC., FORM NO. 10748 December 12, 2005 Page 4 j Held 20 Mr. Smith responded Council has no authority to address a rent issue or prohibit a rent increase on this property or any other residential or commercial property. It is a private contract, and there are laws that prohibit interference with private contracts. Mr. Keenan noted that the majority of Council is sympathetic to the residents' plight, but at this point, any Council action is premature. The process must run its course. In this case, that includes an application to the Planning Commission, followed by Council action upon the case. At this point, meeting with the Law Director on Thursday is the only direction that can be given. Coreena Cox, 6250 Cartwright Lane North, stated that she appreciates Council's efforts on behalf of the residents. She would like to clarify one point. Since August, she has been actively involved in efforts to save the Ponderosa residents' homes and is aware of every action that has occurred. She can testify that Mr. Marlin's claims to Council are blatantly untrue. He has added fuel to the fire of what Mr. Edwards has done to these senior citizens. Their attack on the senior citizens is becoming out of hand. The residents need their government, their City Council representatives, to come to their defense in whatever ways are appropriate. All it would require is a formal statement from Council to the community, to the world, that Council is in support of these senior citizens keeping their homes. Perhaps that would eliminate attacks such as Mr. Marlin's. Ruth Stafford, 6334 Cartwright Lane, stated that she cannot believe what she has heard tonight. She has never received one notice from Ponderosa management with an offer to move or otherwise. She had planned to retire at age 62, but now, it is doubtful that can occur. She will need to start over again. If Ponderosa management feels the need to increase the rent, they should give the residents something for their money. The maintenance in the park is very poor -the streets are completely covered with ice. Vice Mayor Lecklider thanked everyone for his or her attendance and comments. Council is aware of the anxiety the Ponderosa residents are experiencing and is sympathetic to their plight. However, there are limitations on City government in respect to private property. A Council committee has been formed to work with the Ponderosa residents during this process, and a meeting will be held on Thursday to clarify what the City may or may not do prior to the time an application is actually filed. Council is hopeful of a resolution that will relieve the residents of their anxiety. Wallace Maurer, 7451 Dublin Road: 1. Inquired if the Ponderosa issue would become a rezoning issue that will go to Planning and Zoning Commission and ultimately before City Council? Vice Mayor Lecklider responded that was a possibility. 2. Stated that at the last City Council meeting he had shared that tonight he would effectively eliminate all remaining objections to a reinstatement of the former City Engineer, Balbir Kindra. Before doing that, he would like to share a recent experience. On Saturday, a brutally cold, windy day, he was pumping gas at a station on Parsons Avenue when he was confronted by a very large, apparently destitute gentleman who asked him for 21 cents. Mr. Maurer pulled out a handful of change, and the gentlemen asked if he could perhaps give him a little more. Mr. Maurer gave him the handful of coins and went into the station for a receipt. When he exited, the gentleman called out to him again, but, perhaps due to the brutal cold, Mr. Maurer rebuffed him. He is now haunted with regret he could have done so much to help that man, but rejected the opportunity. He is impressed now with a contrast. He has spent three years talking to intelligent Council members about a blunder that could be easily rectified, but he has missed the opportunity to spend a more productive five minutes with a person in need. He will not cease to think about that. Farid Masri, 7061 Calvary Court, inquired about the status of the proposed pedestrian tunnel on Muirfield Drive near Sells Mills and Scottish Corners. Ms. Brautigam stated that it is not programmed in the CIP. Mr. Masri inquired if there are plans to program it. Ms. Brautigam responded that at this time, there are no plans to do so. Vice Mayor Lecklider inquired where that project was ranked on the priority list. Mr. Hammersmith responded the project was ranked but not programmed due to insufficient finances. RECORD OF PROCEEDINGS Minutes of___ Dublin City Council Meeting DAYTON LEGAL BLANK, INC., FORM NO. 70148 December 12, 2005 Page 5 Held 20 Mr. Keenan inquired how many tunnels were programmed. Mr. Hammersmith responded three tunnels were programmed - S.R. 161 at Monterey Drive, which after further studies has been determined impractical; Brand Road at Bristol Parkway, which was completed this year; and Dublin Road at River Forest, which is scheduled for 2006. In terms of priority, the next pedestrian tunnel would be constructed at Summitview Road, but it is not yet programmed. Mr. Masri stated that Council members have received a letter from Ms. Kuhn, attorney representing the Indian Run Meadows Civic Association regarding the Association's objection to Mary Kelley's application for a conditional use, an outdoor patio and bar. He is voicing their objections to the application being heard by the Planning Commission, as it is a prohibited use under the Indian Meadows PUD text. For the record, he is providing: a copy of Ms. Kuhn's letter; copy of a letter from attorney William Porter concerning the 2003 settlement agreement between Mary Kelley's and the City of Dublin; and copy of a 1999 letter from attorney John Cannizzaro, representing the Indian Run Civic Association, debating the legality of the patio and providing examples of the historical use of the term "outdoor seating." He is also providing a copy of page 1 of the March 19, 2001 Public Services Committee meeting regarding parking behind the shopping center and a copy of a resident's letter to the Planning Commission regarding an example of incidents at Mary Kelley's that could be expected to increase should an outdoor patio be approved. He would like to request Council's response regarding the neighborhood's concerns at a later time when they have had an opportunity to review the information. Mrs. Boring inquired if Mr. Masri is requesting that this case be removed from the P&Z agenda. Mr. Smith responded that on Friday, his office received a copy of a letter to the City Manager from the attorney representing the Indian Run Civic Association. He and Ms. Readier have initiated a review of their records from 1995 to present, and will be forwarding a recommendation to the Planning Commission. They are privy to the past settlement agreement, which they worked on. They are studying the issue and will be prepared to advise the Planning Commission. Ms. Salay requested a memo from the Law Director updating Council on the issue. Mr. Smith will forward that information. Mr. McCash noted that Planning and Zoning Commission decisions do not change deed restrictions. Vice Mayor Lecklider requested the Clerk to provide copies of the information submitted by Mr. Masri to Council members and the Law Director. Presentation regarding Community Authorities Greg Styge, Sauire, Sanders & Dempsey stated that information was provided in Council's last meeting packet, so he will address only the more significant points on the subject. • Community authorities have existed in Ohio law since the late 1960's, but were little used in the state until the 1990's. The special purpose governmental authorities exist fundamentally for two purposes: (1) to accomplish financing through revenue that can be generated through a community development charge, and (2) to apply that financing power to the procurement of public improvements. That procurement exists at two levels. Not only can the City cause public improvements to be constructed in a manner similar to its past experience, but the City would also have the power to apply some financial resources to the operation and maintenance of those public improvements after they are constructed. • A community authority is one of the best examples of a public/private partnership. The statute contemplates the coming together of private development interests and the public sector to address the needs created by development as the needs occur. • The process begins with the private developer's voluntary petition for an identified piece of land to be placed in a community authority. The petition identifies the objectives to be accomplished. It is then processed through the relevant public bodies. The community authority's financial resources are derived through the community development charge. In the petition process for the community authority, the developer identifies the nature, term and uses of the community development charge, which, if the authority is created, provides direction for the use of those resources. RECORD OF PROCEEDINGS Minutes of_____ _ Dublin City Council _ _ _ _ Meeting DAYTON LEGAL BLANK, INC.. FORM NO. 10148 - December 12, 2005 Page 6 Held 20 • The last page of the handout identifies the community authorities that exist to date. They have occurred primarily within the Central Ohio area, which has experienced the large-scale residential development that drives the process. • One community authority was created in Dayton in the early 1970's after the original enactment of the statute. That project was later absorbed into one of the community suburbs. When the community authority statute was originally enacted, there was a requirement that there be a federal housing and urban grant in support of new communities. It was a prerequisite to use the statute. • In the 1990's, when New Albany was being created, a search was made for methods whereby public improvements could keep pace with private development. At that time, the statute was amended to eliminate the federal grant prerequisite. That brought about the modern era of community authorities in Central Ohio. There are now eight or nine community authorities in operation. Several others are in development stages. They have a variety of narrow, specific purposes. Two extremes are: the New Albany Community Authority, which funded $30 million in schools, $5 million in road improvements and contributions to a fire station and equipment versus the Millstone Community Authority or Newark-Granville Community Authority that exists solely to support school needs and operating expenditures. He offered to respond to any questions from Council. Mr. Smith asked Mr. Stype to explain the composition of the Community Authority Board. Mr. Stype responded the governing Board of Trustees by statute can range from 7 to 13 members. The tendency is to have between 7 and 9 members for purposes of logistics of calling meetings and special quorum requirements. The seven-member Board would consist of three members appointed by the developer petitioning for the Authority and four members appointed by the governing body that approves the creation of the community authority. When the Community Authority Board meets to makes decisions, a majority of those present must be those members appointed by a public body. There have been adjustments in those arrangements. There is a court case dating back to the late 1960's that ruled a developer may decide that they care not to make their appointments and may then irrevocably commit those appointments to a public body or some alternative. Mr. Keenan asked about the Board composition for the community authority being established for Bantry Greene. Mr. Stype responded he would expect this to be aseven-member board, four appointed by Union County Commissioners who approve the creation of the community authority and three by the developer, unless the developer offers those appointments to an alternative appointing authority. Mr. Keenan asked at what point in time the board is elected by the residents of the area governed by the authority. Mr. Stype responded the petition sets the number of residents required and it is based upon expected build out. Mr. Keenan asked about the provision for dissolution of the authority. If the authority is dissolved, what happens with the services, specifically fire and EMS services that are to be provided? Could a majority of residents in the future elect their own group and decide to dissolve the authority? Mr. Stype responded that the drafting of the petition can avoid that consequence. Many authorities are created for capital financing purposes and have a specified list of items to accomplish. It is contemplated that when those are accomplished and the bonds paid off, the authority is dissolved. If the authority is to be created for a continuing existence, that can be accomplished as well in the drafting of the petition. Mr. Keenan stated that in reading item "f," it indicates the community development charge is not a tax per se or millage in the true sense. Mr. Stype responded in the legal/technical sense, it is not a tax. It originates not through a voting or election process but through the owner of the land or developer volunteering the ground and identifying the amount of the charge. For purposes of convenience, the charge itself is usually done on the basis of millage and calculated, billed and collected through the property tax collection system. It is more apt to think of it as a special assessment versus a tax. Those who purchase homes in the area of the Authority must by law be apprised before RECORD OF PROCEEDINGS Minutes of _ Dublin City Council Meetin g DAYTON LEGAL BLANK, INC., F_O_R_M NO. 10148 - - December 12, 2005 Page 7 Held 20 signing a contract of the nature of the charges before signing the contract. Mr. Smith asked when Mr. Stype anticipates bringing Council the community authority for the Jerome development. Is there a timetable established? Mr. Stype responded he has begun the process of drafting the paperwork. He would estimate that a first draft of the relevant documents will be forthcoming by the end of the year. Mr. Smith stated the City entered into an agreement with the developer that the developer will pay the reimbursement for any services provided prior to having the authority in place. Mr. Stype stated he has spoken with Mr. Hale about the need to have the community authority in place. Mr. Lecklider observed it appears that the examples of community authorities provided were created for purposes of achieving something different than Dublin is contemplating. Mr. Stype responded the closest analogy would be the Millstone Authority and the Newark- Granville Authority where there was an identified operating expense need with respect to a public facility. Those authorities were created for the purpose of addressing that need. In New Albany, the fire building and a portion of fire equipment were paid by the Authority. What is being proposed for Jerome is clearly allowed by statute. Mr. Lecklider asked what he would anticipate as potential negative consequences to the creation of a community authority. Mr. Stype responded the main consideration in creating a community authority is to set the charge properly. That consideration is customarily left to the developer because it is fundamentally a balancing of a charge high enough to support the service or improvements, but not so high that it hinders or deters the build out and sale of the development. The main focus at the outset is always striking that balance. In this case, that balance has been struck by agreement of the parties. Mrs. Boring commented many of the examples provided relate to the needs of the school system. If that is an item to be considered for the future, would the City or the school district initiate it? Mr. Stype responded the developer would be the initiator per statute. It is a product of discussions that precede the approval of developments. Mrs. Boring asked what would distinguish community authority charges from the imposition of impact fees. Mr. Stype responded the community authority is a coming together under a statutory structure to address the kinds of issues that impact fees address. It does so through a more defined financial mechanism and collection mechanism and tends to do so over a long period of time. Most impact fee models call for payments of funds at the building permit stage. The community authority is is a sustained revenue stream, which provides financing capacity for capital improvements at a lower but continuing rate. LEGISLATION SECOND READING/PUBLIC HEARING -ORDINANCES ADOPTION OF 2006 OPERATING BUDGET Ordinance 66-05 Adopting the Annual Operating Budget for the Fiscal Year Ending December 31, 2006, and Declaring an Emergency. Ms. Grigsby stated that changes requested in the budget workshops have been incorporated, and a memo provided in the packet identifies the various changes. The follow-up items are also identified in the memo with information available at this time. Staff is continuing to work with the insurance consultants before a final recommendation can be made to Council. Mr. Keenan commented he does not have an issue with leaving the funding in place for the 2006 workers' compensation budget, based on the staff's recommendation. However, his recollection was that Council would be apprised of the details of the quotes from the carriers when they are obtained. He wants to clarify that Council needs to receive detailed information on this in order to have a better understanding. The "tail" on workers' compensation is very long and an appropriate stop loss needs to be in place. Ms. Grigsby commented staff believes this is an appropriate item to bring to the Finance Committee for review prior to making a recommendation to Council. Mr. Keenan noted the Terrorism Risk Insurance Act has not yet been renewed by RECORD OF PROCEEDINGS Minutes of Dublin City Council _ _ Meetn~_ DAYTON LEGAL BLANK, INC., FORM NO. 10148 - - - _ - _ December 12, 2005 Page 8 ~ Held Zp Congress and perhaps explains the difficulty in obtaining quotes on the stop loss prevention. He would like this addressed in the staff report for the Finance Committee. Wallace Maurer. 7451 Dublin Road asked what is meant by "self insurance" for workers' compensation. Ms. Grigsby explained that the City provides payment directly for claims filed up to a certain amount, at which point the City has stop loss coverage -versus paying premiums to a company who then pays the claims. In this case, the company would be the State Workers' Compensation program that would pay the claims. What the City is proposing to do is to be self insured for workers' compensation claims. Mr. Keenan moved for emergency passage. Mrs. Boring seconded the motion. Vote on the motion: Vice Mayor Lecklider, yes; Mr. Reiner, yes; Mr. Keenan, yes; Mr. McCash, yes; Mrs. Boring, yes. Vote on the Ordinance: Mr. Keenan, yes; Mrs. Boring, yes; Mr. McCash, yes; Vice Mayor Lecklider, yes; Mr. Reiner, yes. COST OF SERVICES UPDATE 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, and Declaring an Emergency. Ms. Grigsby stated that the emergency language has been added to the ordinance so that it can be effective on January 1, 2006. Mr. Keenan moved for emergency passage. Ms. Salay seconded the motion. Vote on the motion: Mrs. Boring, yes; Mr. Keenan, yes; Mr. Reiner, yes; Ms. Salay, yes; Vice Mayor Lecklider, yes; Mr. McCash, yes. Vote on the Ordinance: Mr. Reiner, yes; Mr. McCash, yes; Vice Mayor Lecklider, yes; Mrs. Boring, yes; Mr. Keenan, yes; Ms. Salay, yes. 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. Gilger stated that Recovery One, a worldwide full service accounts receivable management company has requested financial assistance with their purchase of 5100 Parkcenter Avenue. They employ 40 people in Central Ohio with an annual payroll of $1.365 million. The workforce growth is projected to be 20 percent in the next five years, generating an estimated $244,000 in new income tax revenues for the City. This economic development agreement is fora $7,000 property grant to assist with the facility purchase. Jerry Cameron of Recovery One is present this evening. Jerry Cameron. President, Recovery One noted they specialize in the commercial accounts receivable collection and represent many companies headquartered in the Dublin area. They are already relocated in the new building and the transition has gone well. Vice Mayor Lecklider welcomed them to Dublin. Vote on the Ordinance: Mr. Keenan, yes; Mr. Reiner, yes; Ms. Salay, yes; Mr. McCash, yes; Vice Mayor Lecklider, yes; Mrs. Boring, yes. INTRODUCTION/FIRST READING -ORDINANCES APPROPRIATIONS Ordinance 75-05 Amending the Annual Appropriations Ordinance for the Fiscal Year Ending December 31, 2005. (Request to dispense with public hearing) Ms. Salay introduced the ordinance. Ms. Grigsby stated this is year-end legislation necessary to meet the requirements of the ORC that the expenditures do not exceed the appropriations at the close of the accounts. Mr. Lecklider asked if 50 percent of the total fuel costs will be recovered from the school district. Ms. Grigsby confirmed nearly that amount will be recovered. Staff monitored fuel costs throughout the year and due to the fluctuating costs, delayed a request for further appropriations until year-end when the exact amounts were determined. RECORD OF PROCEEDINGS Minutes of Dublin City Council__ _ Meetin~_ DAYTON LEGAL RLANK, INC., FORM NO. 10148 - December 12, 2005 Page 9 Held 20 Mr. Keenan moved to dispense with the public hearing. Ms. Salay seconded the motion. Vote on the motion: Mr. Keenan, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr. McCash, yes; Vice Mayor Lecklider, yes; Ms. Salay, yes. (At this point, Mr. Maurer asked to address Council regarding Ordinance 74-05) Wallace Maurer, 7451 Dublin Road asked if Recovery One is moving into a building that the City owns and whether a cash incentive is being provided? Ms. Grigsby responded that the City is providing a cash incentive of $7,000 to offset some of the relocation costs. The City does not own the building. (Council proceeded to vote on Ordinance 75-05) Vote on the Ordinance: Vice Mayor Lecklider, yes; Ms. Salay, yes; Mrs. Boring, yes; Mr. McCash, yes; Mr. Reiner, yes. ANNUAL APPROPRIATIONS ORDINANCE Ordinance 76-05 Establishing Appropriations Based on the 2006 Operating Budget of the City of Dublin, State of Ohio, for the Fiscal Year Ending December 31, 2006. (Request to dispense with public hearing) Ms. Grigsby stated this is the companion ordinance to the operating budget and by state law provides the funding authorization to enact the adopted budget. Mrs. Boring moved to dispense with the public hearing. Ms. Salay seconded the motion. Vote on the motion: Mr. Reiner, yes; Mr. McCash, yes; Mrs. Boring, yes; Ms. Salay, yes; Vice Mayor Lecklider, yes. Vote on the Ordinance: Ms. Salay, yes; Mr. Reiner, yes; Mr. McCash, yes; Vice Mayor Lecklider, yes; Mrs. Boring, yes. CONTRACTS Ordinance 77-05 Authorizing the City Manager to Enter into an Agreement with the Delaware Municipal Prosecutor in the Delaware County Municipal Court, and Declaring an Emergency. (Request to dispense with public hearing) Ms. Salay introduced the ordinance. Mr. Smith stated this is an annual contract for the Delaware Municipal Prosecutor to prosecute certain cases in Delaware County. The language was amended to clarify that only the cases investigated by Dublin Police will be paid for under this contract. The costs have not changed since last year. Ms. Salay moved to dispense with the public hearing and to treat this as emergency legislation in order to have the contract effective on January 1, 2006. Mr. Reiner seconded the motion. Vote on the motion: Vice Mayor Lecklider, yes; Mr. McCash, yes; Ms. Salay, yes; Mrs. Boring, yes; Mr. Reiner, yes. Vote on the Ordinance: Mrs. Boring, yes; Ms. Salay, yes; Vice Mayor Lecklider, yes; Mr. McCash, yes; Mr. Reiner, yes. Ordinance 78-05 Authorizing the City Manager to Execute a Contract with the Franklin County Public Defender Commission for the Defense of Indigent Defendants, and Declaring an Emergency. (Request to dispense with public hearing) Ms. Salay introduced the ordinance. Mr. Smith stated this provides for the defense costs of indigent defendants. The costs during 2005 were approximately $837 for 12 cases, and the contract remains unchanged. Emergency action is requested to have the contract in place by January 1, 2006. Wallace Maurer, 7451 Dublin Road questioned whether $72.81 paid to a public defender provides an indigent defendant all of the defense that due process might lead to. Mr. Smith responded affirmatively, noting that most of these cases result in plea bargains and are generally contested traffic cases. The total public defender budget is divided over the contracts with the various municipalities. Mr. McCash moved to dispense with the public hearing and to treat this as emergency RECORD OF PROCEEDINGS Minutes of _ Dublin City Council_ _ - __Meetin~ DAYTON LEGAL BLANK, INC., FORM NO. 10148 ~ December 12, 2005 Page 10 ' Held 20 legislation. Ms. Salay seconded the motion. Vote on the motion: Mrs. Boring, yes; Mr. Reiner, yes; Mr. McCash, yes; Ms. Salay, yes; Mr. Keenan, yes; Vice Mayor Lecklider, yes. Vote on the Ordinance: Vice Mayor Lecklider, yes; Mr. McCash, yes; Mrs. Boring, yes; Mr. Keenan, yes; Mr. Reiner, yes; Ms. Salay, yes. Ordinance 79-05 Authorizing the City Manager to Enter into a Contract for Health Services with the Franklin County Board of Health for 2006, and Declaring an Emergency. (Request to dispense with public hearing) Ms. Salay introduced the ordinance. Ms. Brautigam stated that this is an annual contract and funds have been budgeted for 2006 for this purpose. Mr. Reiner moved to dispense with the public hearing and to treat this as emergency legislation. Ms. Salay seconded the motion. Vote on the motion: Ms. Salay, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mr. McCash, yes; Vice Mayor Lecklider, yes; Mr. Keenan, yes. Vote on the Ordinance: Mr. McCash, yes; Mrs. Boring, yes; Ms. Salay, yes; Mr. Reiner, yes; Vice Mayor Lecklider, yes; Mr. Keenan, yes. LAND PURCHASE AND EASEMENT Ordinance 80-05 Authorizing the Purchase of a 0.227 Acre, More or Less, Fee Simple Interest, and a 0.069 Acre, More or Less, Utility Easement, From William Michael Sherman, Trustee, Located South of Tuttle Road and West of Emerald Parkway, City of Dublin, County of Franklin, State of Ohio, and Declaring An Emergency. (Request to dispense with public hearing) Ms. Salay introduced the ordinance. Mr. Smith stated the ordinance provides for purchase of this land for $51,000, the City's appraisal price. Staff will provide a better map for the next 14 acquisitions in this area. Ms. Salay asked if these properties are on the south side only or on both sides of Tuttle. Mr. Smith responded they are on both sides of the road. It appears right of way will be needed from a couple on the other side of the roadway. The majority is needed from the southern properties. Ms. Salay moved to dispense with the public hearing and to treat this as emergency legislation. Mr. Reiner seconded the motion. Vote on the motion: Mr. McCash, yes; Mr. Reiner, yes; Ms. Salay, yes; Mrs. Boring, yes; Mr. Keenan, yes; Vice Mayor Lecklider, yes. Vote on the Ordinance: Mr. Keenan, yes; Mr. McCash, yes; Mr. Reiner, yes; Mrs. Boring, yes; Ms. Salay, yes; Vice Mayor Lecklider, yes. PROPERTY TRANSFER Ordinance 81-05 Declaring Certain City-Owned Property as Surplus and Transferring Said Property to Adjacent Property Owners. (Second reading/public hearing January 9, 2006 Council meeting) Ms. Salay introduced the ordinance. Ms. Brautigam stated staff discovered this summer the City owns property on which an AEP easement exists. There is a need to essentially vacate the easement. The property will be declared as surplus. Staff has worked with the individual property owners and details are contained in the memo. Mr. Keenan asked for confirmation -was this an alley on the original plat? Mr. Ciarochi responded it was originally platted as a reserve to provide for access to the three streets attached. Subsequently, additional development took place and Monsarrat Drive was constructed separate from that reserve. The future right of way occurred west of the area in question and was therefore not needed. Mr. Keenan stated that Monsarrat was part of Waterford Village and between Monsarrat and Waterford there is an emergency vehicle access. Mr. Ciarochi responded this action will not impact that emergency access. There will be a second reading/public hearing at the January 9 Council meeting. RECORD OF PROCEEDINGS Minutes of - Dublin City Council.__ _ Meetn~____ DAYTON LEGAL BLANK, INC., FORM NO. 10148 December 12, 2005 Page 11 Held 20 INTRODUCTION/PUBLIC HEARING -RESOLUTIONS REQUEST TO COUNTYAUDITORS Resolution 81-05 Requesting the Delaware and Franklin County Auditors to Draw and the Delaware and Franklin County Treasurers to Issue a Draft to the Director of Finance of the City of Dublin for any Money that may be in the County Treasury to the Account of the City of Dublin. Ms. Salay introduced the resolution. Ms. Grigsby stated this allows the City to request the dollars from property tax payments three to four weeks earlier than the county distribution. Vote on the Resolution: Ms. Salay, yes; Vice Mayor Lecklider, yes; Mr. Reiner, yes; Mr. Keenan, yes; Mr. McCash, yes; Mrs. Boring, yes. BID AWARD Resolution 82-05 Accepting the Lowest/Best Bid for the Avery Park Phase One Ball Diamond Renovation Project. Ms. Salay introduced the resolution. Mr. Hahn stated this is phase one of the anticipated three phases of the renovation of Avery Park. Vice Mayor Lecklider noted his understanding is the renovation will prevent fly balls from straying onto Avery Road. Mr. Hahn responded this is part of the project, as well as replacing deteriorating electrical wire underground. This field was originally designed for adult softball and will be reduced in size for little league play. Vice Mayor Lecklider asked about any potential impact of the new lighting on the neighboring properties. Mr. Hahn responded there will be less light trespass with the new lighting than with the existing lighting. Vote on the Resolution: Ms. Salay, yes; Mr. Reiner, yes; Mr. Keenan, yes; Mr. McCash, yes; Mrs. Boring, yes; Vice Mayor Lecklider, yes. BID AWARD Resolution 83-05 Accepting the Lowest/Best Bid for the Glacier Ridge Elementary Offsite Sanitary Sewer Project. Ms. Salay introduced the resolution. Mr. Hammersmith noted this is part of a cooperative effort with Dublin City Schools to extend the offsite sanitary sewer and utilities to the new elementary school. The sewer line will also serve the Bantry Greene subdivision proposed by M/I. The eight-inch line come from Tartan West and will extend due north across McKitrick, continuing to the school site itself. The George J. Igel Company bid of approximately $249,790 is the recommended bid. The engineer's estimate for the project was $350,000. Mrs. Boring noted this extension will benefit other areas in the future. Is there a way the City can charge back the costs or some other pro-rated fee to the other areas that benefit? Mr. Hammersmith responded staff's intent is to make every effort to recoup costs on the extension. Mr. Keenan asked if a reimbursement district has been established for this purpose. Mr. Hammersmith stated that is the intent. Ms. Salay commented that the school property needs this extension before the development occurs which would bring the sewer line to the site. Vote on the Resolution: Mrs. Boring, yes; Mr. Keenan, yes; Vice Mayor Lecklider, yes; Mr. McCash, yes; Mr. Reiner, yes; Ms. Salay, yes. OTHER • Concept Plan -Shamrock Crossing -West Dublin-Granville Road (Case No. 05- 114CP) (Mr. McCash recused himself at this time, noting that he has a potential business interest in this matter.) Ms. Wanner stated the concept plan was reviewed by the Commission on September 1. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC., FORM NO. 10148 December 12, 2005 Page 12 Held 20 • The Commission expressed concerns about the impact and intensity of retail and restaurant uses on the surrounding area, stressing that a mix of uses with sit down restaurants is desirable. • The applicant has indicated that the project is not feasible without the retail component included and requests specific feedback on that portion of the proposal. • The Commission also indicated their preference for ground signage versus wall signage along W. Dublin Granville Road, and the applicant is requesting feedback from Council and direction on this item as well. • She then showed aerial slides of the site, noting the major adjacent roadways are W. Dublin-Granville Road, Shamrock Boulevard which terminates into this site. Stoneridge Lane would be completed with this proposal. It currently stubs on the south side of the Stoneridge Medical Facility. • There are two large tree rows existing on the site and staff is working with the applicant on preservation of some of those trees. • The site is currently zoned Suburban Office or SO, which permits a variety of office uses. Restaurants are considered conditional uses. The proposed use for a mix of office, restaurant and retail with a possibility for residential uses is not permitted in SO and therefore a rezoning is necessary. • She reviewed an enlarged slide of the Tuller Road Area Plan which indicates that new buildings should be oriented to the street and that there should be linkages between the uses. • The proposed concept plan has addressed the issue of street frontage with the retail buildings, but staff recommends the applicant further address the concept within the office/residential portion as well. • The applicant proposes an office/residential use on the south side, and the Commission noted the importance and uniqueness of an elderly housing component. This use was well received. • During the joint Council and Commission meeting, the Community Plan consultant showed a slide containing a future vision of W. Dublin-Granville Road, indicating the area could be redeveloped with a more urban development pattern. The feedback on this concept was generally positive. It could determine the development pattern along the roadway and ultimately, the outcome of this concept proposal. • Conceptual architectural elevations include more detail than generally received at this stage and convey the proposed character of the development. Staff and the Commission concurred that a common architectural theme should be conveyed throughout the development and that a high level of architectural detail should be utilized. • The proposed use generally complies with the future land use designation for the site, has adequate services and will connect an important roadway system. • Staff will continue to work with the applicant through the rezoning process to refine all of the uses, architecture and signage. However, staff and the applicant seek Council's comments regarding the concept plan, as well as some of the land use and signage issues raised by the Commission and by staff. Ms. Salay asked if the largest building fronting along W. Dublin-Granville Road is to be retail. Ms. Wanner responded this building is to be all retail use. Vice Mayor Lecklider asked about the existing tree line and whether it would be preserved? Ms. Wanner responded those on the southern portion of the property line would be preserved by a larger setback. The property line is adjacent to some residential homes, and both staff and the Commissioners desire a larger setback. Vice Mayor Lecklider asked for more detail about the discussion regarding the percentage of square footage allocated for restaurant use. Ms. Wanner responded staff has learned from experience with past applications that restaurants have a high demand for parking and outdoor seating and therefore, a limitation on restaurant uses should be included in the text. There was also discussion about sit down restaurants versus drive-through restaurants. Vice Mayor Lecklider noted this proposal is for a mixed use including 3,000 square feet of restaurant. That doesn't seem to be a large amount of restaurant use. Ms. Wanner responded that absent any provision in the text, the entire building could become a series of restaurants with a high parking and outdoor seating demand. The language, "a mix of retail and restaurant" isn't always adequate and a closer review is RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC., FORM NO. 10148 December 12, 2005 Page 13 Held 20 needed. Vice Mayor Lecklider asked if 3,000 square feet is not then a firm number, but rather an estimation. Ms. Wanner responded affirmatively. Vice Mayor Lecklider summarized the concern with restaurant use is primarily related to parking impacts and conditions associated with outside patio use. Mrs. Boring commented in regard to the 161 entryway concept plan the consultant shared at the joint meeting. If this concept is endorsed by Council and the Commission, the Shamrock Crossing concept plan does not fit with that image. Ms. Wanner responded that is correct. The consultant showed a drawing of two and three story buildings for this road, and the applicant tonight is proposing one and possibly two- story buildings. Mrs. Boring commented if Council wants to pursue the vision presented by the Plan consultant, it would be important to provide this feedback to the applicant tonight. There was also an extensive discussion at the joint meeting about the amount of retail the City can support in terms of percentages. If the entire percentage is located in one area, that is not desirable either. Has consideration been given to this? Ms. Wanner responded there has not been such consideration to this point. Ms. Salay stated that in terms of working with the applicant on preserving the tree row, it appears the parking requirements will result in the loss of many of those trees. Ms. Wanner agreed. Staff has discussed with the applicant the potential of enlarging the islands to save some of the larger trees. The drawings are more detailed than those submitted with concept plans. Ms. Salay added the root systems are delicate and may not survive. Ms. Salay asked if the detention ponds are to be wet or dry. Ms. Wanner responded they are indicated as wet ponds at this time. It would be addressed in the rezoning at the final development plan stage. Vice Mayor Lecklider asked in follow-up to Mrs. Boring's comments, how can the City achieve the look it wants, in view of the existing development in the area immediately west of Shamrock Boulevard? Ms. Wanner responded that the Community Plan shows the view projected for 2030. It would rely upon the redevelopment of current projects. There is some vacant land that could be developed in this pattern, but much would require redevelopment. Ben Hale. Jr., 37 W. Broad Street stated that he represents the applicant. He noted that much has occurred since this application was filed and reviewed by Planning Commission in September. They are anxious to receive feedback from Council. They had tried to replicate what was shown on the current Community Plan in their site plan. In terms of the market, the Stoneridge OSU facility will be vacated in 2008 and so there will not be a need for medical office buildings. There has also been some residential development to the west and there was discussion of some senior housing on a portion of the site. They have pulled the building out to the street, creating an urban edge. Since the Commission met, they have reviewed the tree locations and have widened the medians in an effort to save the trees. They have widened out the setback somewhat to preserve existing trees. They have had some meetings with the neighborhood and, depending upon the ultimate use, will try to accommodate them as well as they can. They are seeking some identification for tenants to Dublin-Granville Road and have therefore proposed on the north side of the building individual tenant signs with gooseneck fixtures externally illuminated and blade signs on the other side of the building. They are flexible in terms of the appearance of the building. The proposal is for brick and stone, consistent with the neighborhood. They are not asking for excess signage in comparison to other centers in the City. It is a matter of how the signage is used to communicate to the driving public who is in the building. To be successful, this is necessary. For the south side, blade signs will be adequate. They will do unified architecture for all of the buildings, unified landscaping and signage. In regard to a restaurant, they had considered the possibility of taking the Wendy's off the corner at 161 where there is poor access and relocating it onto this site. This has not moved forward to any degree, however. He summarized they are proposing a unified development of high quality materials. With Shamrock Boulevard going through and with the surrounding uses, this is a low impact commercial center, which provides an opportunity for uses other than office. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC., FORM NO. 10148 December 12, 2005 Page 14 Held 20 Mr. Keenan commented in regard to the need for more substantial signage on the front of the building and the blade signage on the south side. There is a similar identification problem that exists for the Daimler project at Avery and Post. It is important to have identification signage for the tenants. He would support such signage with the provision that it is subdued and in good taste. Ms. Salay noted she appreciates the work of the architect, but is not impressed with this plan. It is similar to many others proposed to the City and she hopes for something more special. The entry feature concept shared at the joint meeting is attractive, but she is not certain that consensus has yet been obtained about the desired future look along 161. She would prefer wet ponds versus dry detention basins on this site. She advocates preserving as many trees as possible and is concerned about the narrow islands and the survival of the large mature trees. There was a 75-foot buffer established between the commercial development and the residential homes with the Thomas Kohler rezoning. It provided the existing tree line a lot of protection and an opportunity to plant more trees to buffer the development. That has been extremely helpful and has made the development more palatable to the neighborhood. Adequate setback is needed to protect those existing trees. She is personally not supportive of more retail along Dublin-Granville Road. She is not interested in any type ofdrive-through restaurant in this location and could not support it. She favors ground signage but concurs with Mr. Keenan that identification is important. She does not know how a large number of tenants can be identified with a ground sign other than by naming the center. She would like to see uniform graphics. With regard to the offices, they are fine, but she would prefer senior housing abutting the neighborhood. She could support office on the back portion, but not retail. Mr. Reiner stated that the project concept is so vague that it is hard to render a judgment. He agrees with the suggested buffering and with preserving the existing trees as much as possible. He is totally ambivalent about this entire proposal. It does not meet any ideal. This is not what he wants 161 to look like. This concept is essentially a strip commercial center with offices in the back. There is nothing exciting in the plan. He wonders if the vision shown at the joint meeting can be created over time. It would be great to achieve that concept. The forests are not maintained with this plan, and there is not good buffering included. Mr. Hale commented the entire street is already developed, other than the David Road pieces and this piece. To achieve such a future vision would require tearing down restaurants and car dealerships. Mrs. Boring noted she agrees with Mr. Reiner -the proposed plan is not exciting. On the other hand, the idea of creating an entryway as suggested by the Plan consultant is very intriguing. If the City doesn't begin somewhere, it will never happen. Her other concern is with the retail component and what the City is doing to protect the current businesses that are zoned retail. She does not support drive-through restaurants. Banks have different hours of operation and do not create odors that impact the neighborhood. For her, it is a matter of scale of buildings along 161 and this does not work. The project also encroaches too much on the neighborhood. Vice Mayor Lecklider asked Mr. Hale to comment on how the City could absorb more retail in this area, given the surrounding Dublin Village Center and Sawmill Road retail. Mr. Hale responded Dublin Village Center is a different situation. The Sun Center across Sawmill thrives because of Dublin demographics. There were some fundamental and serious mistakes made with the Dublin Village Center. He is working with the owner of the r, Dublin Village Center and they will soon file a preliminary development plan for amixed-use project. When Shamrock Boulevard is brought through, it will bring more traffic to this roadway. He envisions this area as specialty retail with destination uses, not heavy impact commercial uses. There is a real architectural and vision challenge with this proposal, based on Council's expectations. In the Daimler project, there was a demonstrated need for those uses and they are working. The question becomes what is the appropriate mix of uses and how should they be framed. This is the challenge they will address. Vice Mayor Lecklider noted he agrees with the suggestions about signage for purposes of identification. His concern would be with tree preservation. He is adamantly opposed to any drive-through restaurant, as it would not lend to the character and quality to be created here. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC., FORM NO. 1014E December 12, 2005 Page 15 Held 20 Based on tonight's comments, it appears the applicant has a lot of work before him. There is a need for buffering the neighborhood to the south. He will need to convince Council that this will work and how it will complement the larger area. Linda Merchant-Masonbrink, 3168 Lilymar Court noted that she and her husband live immediately behind this parcel. She sent two letters to Council -one on October 12 and one on December 6 in opposition to this proposed rezoning. In addition, letters were submitted from other residents of their neighborhood who are opposed to this rezoning. Her husband, Stephen was unable to attend tonight and she read into the record a statement from him and submitted it for the record. His desire for this parcel is to leave it as greenspace or parkland. If more retail is needed, the existing Dublin Village Center can be utilized. If this parcel must be developed, it should be developed under its existing zoning of Institutional and Office use which is less destructive and more predictable. Changing to a use which allows retail and restaurant creates opportunities for car lots, filling stations, outdoor patios, etc. Excessive lighting, noise and traffic will impact their quiet neighborhood and will diminish property values. He urged Council to protect the value of their property by not permitting this rezoning. She highlighted points from their second letter. They are concerned that it appears the W. Dublin-Granville Road corridor, immediately east of the Scioto River is becoming arestaurant/retail sprawl zone. Without controlled development guided by the Community Plan, an opportunity for awell-planned, grand entry into the heart of Historic Dublin is eliminated. The corridor is being developed in a piecemeal fashion without a vision or without any unity of purpose. They are also concerned the staff report indicates the proposal was generally well received at the Commission meeting. However, as pointed out later in the report, the Commission had concerns about the retail/restaurant components. Mr. Saneholtz noted he would not support retail on this site, and Mrs. Boring indicated she was not convinced this was an appropriate site for retail and restaurant uses and questioned the appropriateness of the land use. In regard to relocating Wendy's on this site, they believe it would be more desirable to locate the restaurant on the Wendy's property across the street, away from the neighborhood. Further, the Commissioners requested the developer work with the neighborhood, but it appears the developer contacted only them about this rezoning and not the rest of the neighborhood. None of the neighbors impacted by this project were contacted regarding the last Council meeting where this plan was scheduled for review, nor were they contacted about tonight's meeting. They learned about this informally. She asked that the neighborhood be officially notified of these meetings in a timely fashion so that they have an opportunity to prepare comments and arrange their schedules to attend the meeting. The entire neighborhood opposes this rezoning, and she presented a petition to Council signed by the residents who were home at the time of their survey. Vice Mayor Lecklider asked the Clerk about what type of notification is provided regarding concept plans. The Clerk responded that official written notice is provided to adjacent property owners of rezoning hearings, but notice is not provided of informal concept plan reviews. These items are listed on the Council agenda which is published in the local newspapers and on the City's web site. Mrs. Boring suggested that the neighborhood provide a contact name for such notification by the Planning division. Ms. Merchant-Masonbrink responded that she would be willing to serve as the contact person. Vice Mayor Lecklider added that if the applicant does decide to pursue a rezoning, the adjacent property owners would be provided with written notification of the hearings. The neighborhood residents can certainly contact the Clerk's office or the Planning division to stay apprised of the scheduled items in which they have an interest. Mr. Hale clarified that when the applicant learned this item was scheduled with Council, they called Ms. Merchant-Masonbrink to let her know this item was scheduled for Monday, December 12 and offered to meet with her anytime prior to the hearing. • Concept Plan -Erickson Retirement Community -Shier-Rings Road (Case No. 05- 181 CP) Ms. Wanner stated that this project was identified by staff a few months ago as a new business that could build upon and enhance the City's economic base. With this in mind, RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC., FORM NO. 10148 December 12, 2005 Page 16 Held 20 staff has proactively begun to meet with the applicant to refine the concepts and gain an understanding of the fiscal, traffic and land use impacts of the proposal. Due to the institutional nature of the use, its size and proximity to the Central Ohio Innovation Center, , staff has encouraged the applicant to forward the application to Council for comment and feedback tonight regarding the concept of a continuing care retirement community along Shier-Rings Road. She suggested the discussion should generally be directed toward the proposed land use, the overall project design -understanding this is a concept plan - and how this relates to the surrounding area. • The site is located in the southwestern portion of the City and is bounded by Shier- Rings on the south, Eiterman Road and US 33/SR 161. It is also located within the area targeted for development as the Central Ohio Innovation Center. Surrounding land uses include industrial to the east and southeast, Dublin Service Center to the south and Ballantrae subdivision, Dublin Methodist Hospital to the north across US 33, and some unincorporated land to the east of the site. • The current zoning is Rural, a Dublin residential zoning classification and RSR, a Washington Township residential classification. • The proposal is fora 95.06 acre mixed use continuing care retirement community. The applicant previously contemplated two subareas, but has since decided that one subarea will be utilized for the retirement community and the office proposal will not be pursued. • Both Shier-Rings and Eiterman Roads are listed as scenic roads on the Thoroughfare map and have a recommended 200-foot setback for new development. • The proposal will include approximately 1,500 independent living, assisted living and long-term skilled nursing units in four to five-story buildings, clustered around three community buildings on the site. • The applicant proposes use of a temporary marketing center at the southeast portion of the site for atwo-year period. The center would then be removed. It is akin to a model home in a subdivision. Due to some time constraints with their construction schedule, they are requesting administrative approval for this temporary marketing center through the text and administered by staff. • The independent living units would be consistent with the high quality materials used in Dublin of stone and brick. The maximum on the site will be five four-story buildings. The community center will be a two-story building, centrally located on the site. The unique feature of the project is the interconnectivity of the facilities, with elevated walkways providing safe, all weather pedestrian access to all facilities. There are interior courtyard spaces provided in the plan with heavy landscaping. • Staff has met regularly with the applicant and their design team. They have identified some of the project challenges and are working with the applicant to resolve them. There are some fire access issues and some site design related items. • The applicant is seeking feedback on the land use and some of the recommendations for the scenic setback, along with the temporary marketing center. Ms. Salay asked if every building will be four stories. Ms. Wanner stated that the community building will be two stories, and the remainder are four to five story. By creating topography on the site, there will be an option of creating a walkout portion of the building which would then total five stories. Vice Mayor Lecklider asked if staff has discussed architecture and materials with the applicant at this point. Ms. Wanner responded much discussion has taken place regarding the Central Ohio Innovation Center and the opportunity for a comprehensive architectural theme throughout the Central Ohio Innovation Center. Where this project falls in that timeline is not certain, but staff would anticipate the traditional architectural materials of brick and stone as used in Dublin. Staff is continuing to work with the applicant, but has not yet addressed the appearance of the elevations in the proposal. Glen Dugger, 37 W. Broad Street noted he is accompanied by David Destino and Joe Harsel of Erickson Retirement Communities. They will focus on the land use component tonight and respond to any questions of Council. They have had a number of discussions with staff regarding architecture and they do want to be integrally related in terms of architecture and landscaping with the balance of the Central Ohio Innovation Center. Staff's expectation is the architectural component of the Innovation Center will be some type of what has been RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC., FORM NO. 10148 December 12, 2005 Page 17 Held 20 termed, "Asian Prairie" architecture. He described the proposed use as analogous to a residential college campus, as many activities and uses are similar to a small college campus. The proposal includes 1,500 independent living units, and up to another 200 additional assisted and full service nursing care units. The center would provide health and fitness facilities, banks, restaurants, bookstores, barbershops, beauty shops, indoor and outdoor pools, theaters, radio studios, and craft shops. The sun'ounding uses dovetail extremely well with the health care research mission of this proposal. Joe Harsel, Director of Community Relations, Erickson Retirement Communities provided background on the company. Erickson is a 20-year old company which builds continuing care retirement communities. They provide a full continuum of independent living and assisted or full service nursing care. Last year, Erickson built 2,000 continuing care apartments out of the 8,000 built throughout the country. They are in nine states and 17 communities. They provide an unparalleled lifestyle for seniors, including all services and health care. The fastest growing age group is the segment over 65 and many want to stay in their communities versus relocating to Florida. Eighty percent of the people living in their. developments have relocated from their homes within 20 miles. The entrance deposit for their facility is 100 percent refundable. The monthly fees are based on a cafeteria type of plan or fee for services. Their target market is the retired teacher or police office in terms of demographics. All of their communities are supported by Erickson Health - a nationally recognized, innovative health care system that invests tremendous amount of monies in wellness and preventive care. Each community has an office of Senior Campus Physicians -the nation's largest geriatric primary care medical facility. Their only practice will be the residents who live in the community. All of their residents will be part of a private electronic medical records system that has been recognized by the White House Council on Aging Conference. They provide transportation as well as home health and support if needed. They were recognized this year by the Center for Medicare/Medicaid Study and authorized to offer their own Medicare Advantage health program, the only retirement community in the country given that honor. They invest in wellness and preventive medicine. They serve as somewhat of an aging studies living laboratory with a partnership of health care providers, service providers and technology. There are high benefits and low cost to the municipality with this development. There is a significant economic impact to the community. They meet the need of service-enriched housing for the population as it ages and are a model of corporate philanthropy. They provide scholarships for high school students who work at the facility. There are no school impacts with this population group; the development maintains their roads and provides internal services. This will be a gated community with a 24-hour patrol by trained first responders. There is low traffic impact based on the use of shuttles and the contained community. He noted that they will build as the market demands. Typically, with 1,200 units plus 100 skilled nursing beds and 80 assisted living units, the employment would be about 500 FTE's with a payroll of approximately $20 million. Property tax would be over $1 million with no school impacts. The economic impact of the residents' spending in the community varies, but they attend movies, theatre and restaurants. At build out, the communities average about 40,000 volunteer hours in tutoring in local schools, Habitat for Humanity, etc. The residents often attend continuing education at community colleges. He summarized that it would be a privilege to develop in the Dublin community. David Destino, Regional Vice President and Senior Development Director shared a video presentation with Council regarding an Erickson development in Houston,Texas. He noted that they broke ground 13 months ago and moved the first resident in one month ago. They have 17 communities with the Erickson branding, 11 under construction. He shared photos of the various existing Erickson projects throughout the country. He submitted brochures to Council for their files. Mr. Keenan stated that he likes the concept. The quality and the varying levels of care interest him; they are relevant to him and his family. In view of the proximity to the COIC, which is currently under development, he would like more information about the proposed location. This is a very high profile site, and the City has programmed $24M for the nearby interchange. He would request an economic impact model for this use versus alternative uses -this use compared to a use more relevant to the COIC. Council recently received information regarding the anticipated jobs and payroll for the proposed retirement facility. He was surprised at the pay levels indicated, as the usual compensation for these jobs is modest. However, the City has recently focused on empty-nester housing, so this concept is RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC., FORM NO. 10148 December 12, 2005 Page 18 Held 20 ideal for Dublin. Ms. Salay indicated she also likes the concept plan. She, too would like to see the economic impact information suggested by Mr. Keenan. The concept of Asian prairie architecture aligns more appropriately with the Ballantrae neighborhood than with the COIC site. She has also observed more palatable color schemes on other projects by this developer. She has no objection to a temporary marketing center being located in the setback. She is concerned about the visual impact of a four-story building on that site, although the concept seems to indicate greater than a 200-foot setback, perhaps as much as feet. Mr. Reiner stated because this site butts up against the S.R. 161 corridor, he would also be interested in an economic comparison for this use versus office use. Although it is outside the realm of this discussion, he is curious it is described as much more affordable than other senior projects. Mr. Destino responded it is affordable based on the market. The entrance deposit is approximately 75°/D of amedian-priced home. The concept is the potential buyer is selling an existing home they have lived in for 30 years, with a value that has increased significantly. The monthly fees would be structured to be affordable for a senior on a pension plan or social security and would cover items such as cable, insurance, maintenance, landscaping, transportation and one meal per day. Mr. Reiner indicted that he also likes the wellness component. What is the nutritional composition of the meals? How are the seniors kept busy? From the business aspect, how do they retain highly qualified medical staff to serve 1,500 clients? Mr. Destino responded that the medical care requires a supplement to the budget. The return is based upon keeping the patrons well for a longer period of time. The layout of the community is designed accordingly with a central clubhouse. Residents are provided one meal a day in the restaurants; the mailboxes are close but not too close, to encourage exercise; the walkways are cleaned. Mr. Reiner inquired how many of the subdivisions are sold out. Mr. Destino responded that five of the seven subdivisions are sold out. They are well integrated. Mr. Reiner inquired the time period for this. Mr. Destino responded that it could take four to seven years, depending on the market. They would plan to open with one of the clubhouses and one residential unit of 125 units. Every three to five months, another residential unit would be added. They could submit an economic impact study and a traffic impact study. Mr. McCash stated that his views are similar to those already expressed. It is an interesting concept. His only concern is with its location on S.R. 161. The land use for this property was changed to a mixed-use employment emphasis in the Community Plan. He is interested in reviewing information from those projects built out regarding the economic impact - number ofjobs, income taxes, etc. in relation to what is stated here and how the four or five year time period for build out would impact those figures. He would not want to see "Asian prairie" architecture for this site. Mr. Dugger stated that this term came up in a discussion when trying to describe the Cardinal building. The only touchstone in the area is the hospital being built across US 33. They welcome Council's feedback on the matter. They also need feedback about the architectural component, as they see this as being part of the Innovation Center and they desire to be consistent with it. Mr. McCash stated that the intent is to design buildings that complement one another, not that imitate one another. Otherwise, the result will be a very monotonous community. This development can complement some elements in the COIC and the hospital, yet be a different style. He would not want to have afour-story, brick box with a flat, gabled roof, with very little overhang, such as Cardinal Health. The building facades should have some articulation that would produce shadowing and depth to the elevation. This is not a corporate office building. Mr. Dugger responded that they have had some discussions with staff and are aware of the architectural challenges of this site which will be a transitional site between the Ballantrae subdivision and the corporate emphasis of the areas along U.S. 33 and the Central Ohio Innovation Center. He trusts the concept plan will not be judged or analyzed on the basis of RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC., FORM NO. 10148 December 12, 2005 Page 19 Held 2p the architecture submitted. They were hoping to focus on the inclusion of this property in the Innovation Center because of the research and employment type of components that dovetail with the Center. They believe the overall use is a good transition between Ballantrae, Route 33, the hospital and the UMC Partners development. Mr. McCash stated that he is concerned more with the residential use and how that fits into * ~ the larger Innovation Center and other uses around it Mr. Dugger responded that with 500 full-time employees at build-out, this would be a significant employment generator. Mr. Harsel invited Council to visit their other communities to observe how the use fits in those other communities. Mrs. Boring stated the architecture will be a huge challenge. Personally, she does favor the campus look. Regarding the land use, she believes this is a great use versus office use. Office use will place many demands on the infrastructure and require more roadway improvements to provide more traffic capacity. She is intrigued with the concept, but noted some retirement communities are not fully occupied in the Columbus area. She hopes they can meet their expectations. Vice Mayor Lecklider asked about vehicle storage on the site. Mr. Dugger responded a challenge is to ensure the parking lots are close enough to doors for easy access. The parking is scattered throughout the campus. They have found that the longer residents are in the development, the more likely they will give up their cars. They will be happy to provide more information on this item. Vice Mayor Lecklider commented there will still be a fairly significant parking demand for this size of complex. Vice Mayor Lecklider noted that while he would endorse the concept, he is not certain this is an appropriate location for this use. It is prime real estate in terms of potential office use. Taking 100 acres out in proximity to the Innovation Center will require convincing him that this complements the surrounding area. He needs to be persuaded on the economic side, recognizing that the City desires a diversity of uses. The details regarding the economic impact will be important to him. Mrs. Boring makes a good point in regard to the infrastructure impacts of freeway office use. He needs to be persuaded this is economically feasible. Mr. Dugger responded that they will work with staff to provide information on the economic development model. It is challenging, as significant assumptions will have to be made as a baseline. Vice Mayor Lecklider expressed skepticism about the salary figures provided, but he assumes they can provide documentation. He hopes ultimately to see something that doesn't look institutional, but with more of a residential character. This can be achieved by incorporating those design features mentioned by Mr. McCash of roof overhangs and upgraded roofing materials. Mr. Dugger responded that the important point to emphasize is that this program works with a four-story building. It will not work with atwo-story design. He does not want there to be any misunderstanding on this point. Some of the building height issues can be addressed with the topography. Essentially, the campus will consist of buildings that are four-stories high. The other issues can be addressed in working through the process with staff. Mr. McCash noted that more of a residential character can be achieved in a four-story building. He does not want this to appear as a hospital wing. COUNCIL COMMITTEE REPORTS/COUNCIL ROUNDTABLE Mr. Reiner wished everyone a Merry Christmas and Happy New Year. He added, "Go Bucks!" Mr. McCash stated he has received a-mails regarding the railroad crossing quiet zones. He asked about the status. Ms. Salay stated that she would prefer to postpone this until January when there is more time for discussion. Mrs. Boring: 1. Wished everyone a Merry Christmas, adding "Go Bucks." RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC., FORM NO. 10148 December 12, 2005 Page 20 Held 2p 2. Asked about the establishment of a community authority and whether Council should consider the impact on the schools. Mr. Smith responded that they have been used very successfully in other areas. Staff can communicate with the schools that Council has raised this issue in the discussion about community authorities. Mrs. Boring added that this should be placed on the list of items for consideration in the future. Mr. Keenan: 1. Noted that he received a positive letter from the Comptons regarding the roundabout at Brand and Dublin Road. Kudos to Mr. Hammersmith, Dean Saunders and other staff for their work on the project. 2. Thanks to Chief Epperson for his quick response to a resident inquiry this afternoon. 3. Acknowledged the efforts of staff in regard to a Cosgray Road drainage issue in Ballantrae. It has now been remedied. 4. Reported that another resident's inquiry about a sunken curb was followed up on very quickly by staff. 5. Asked about the letter received from the Dublin Baptist Church regarding the race held on Sunday, November 13. Has a staff response been sent? Ms. Brautigam stated that she will follow up on this. Ms. Salay: 1. Noted that this is the last meeting of her first term on Council. Thanks to staff who have worked so hard throughout the year and who do a great job serving the residents. 2. Commented that the holiday event with fireworks was really "cool," in the words of her son! { 3. Noted she had an opportunity to drive the Dublin Road/Brand Road roundabout. It is much nicer to travel that roadway and was worth all of the angst. 4. Happy holidays to everyone! Vice Mayor Lecklider: 1. Noted that a memo was included in the packet regarding the Great Race, requesting a response from Council this month. Ms. Puskarcik stated staff and the DCVB are in negotiations with this group, together with the Arthritis Foundation who works on the Classic Auto show. This group wants to hold their event in Historic Dublin, but due to logistics, staff is looking at some other options. The group wants to close SR 161 from the cemetery to High Street from 4 to 9 p.m. on a Monday. If the City wants to have this event, there is a minimum financial commitment of $1,500 needed. Fora $5,000 investment, it allows participation in the national award program, and the community could potentially receive a $10,000 donation to their library. Staff will have a meeting in early January with this group. There are some remaining funds in the 2005 hotel/motel tax funds designated for Historic Dublin. Staff is asking if Council is interested in pursuing this so that staff is in a position in early January to provide a recommendation. For this reason, they are seeking a commitment from Council for funding from the 2005 hotel/motel tax funds. This will preserve the option to participate in the event, if desired. She emphasized that this would be a community event, not a City event. The City would provide support in terms of City services, but would not be interested in taking this on as a City event. Vice Mayor Lecklider asked Mr. Keenan, Finance Chair about the remaining hotel/motel tax funds allocated for Historic Dublin. Ms. Grigsby stated that $20,000 was appropriated and approximately $6,000 was utilized for the Dublin Arts Council festival in 2005. Vice Mayor Lecklider asked if funds were expended for a bike race in Historic Dublin. Ms. Grigsby responded that no grants were approved for that race. Mr. Keenan noted that coordination with the businesses in the area would be needed in view of the timing of the event and location. Ms. Puskarcik responded that the group favors the historic locations, but staff will be looking at options. Mr. Keenan moved to allocate up to $5,000 from the $20,000 allocation of hotel/motel tax funds for Historic Dublin for the Great American Race, with details to be worked out by staff. Ms. Salay seconded the motion. RECORD OF PROCEED[NGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC., FORM NO. 70148 December 12, 2005 Page 21 Held 20 Vote on the motion: Mrs. Boring, yes; Ms. Salay, yes; Mr. Reiner, yes; Mr. McCash, yes; Mr. Keenan, yes; Vice Mayor Lecklider, yes. Vice Mayor Lecklider continued: 2. A memo was included in the packet from Ms. Grigsby regarding the relocation of the Celtic Rock stage for the Dublin Irish Festival. Is action required from Council? Ms Grigsby responded this was information only, and more details will be provided as the event moves forward. 3. The tree lighting was a great success, in spite of the cold evening. 4. He expressed thanks to staff for their hard work over the past year and wished everyone a happy holiday! ADJOURNMENT TO EXECUTIVE SESSION Vice Mayor Lecklider moved to adjourn to executive session at 10:45 p.m. for discussion of land acquisition and personnel matters. The meeting will be reconvened only to formally adjourn. Mr. Keenan seconded the motion. Vote on the motion: Mr. McCash, yes; Mr. Reiner, yes; Ms. Salay, yes; Mrs. Boring, yes; Mr. Keenan, yes; Vice Mayor Lecklider, yes. The meeting was reconvened and formally adjourned at 11:45 p.m. Vice Mayor - residing Officer Clerk of Council