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HomeMy WebLinkAbout08/15/2005 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC., FORM NO 10148 August 15,2005 Held 20 Mayor Chinnici-Zuercher called the regular meeting of Dublin City Council to order at 7:00 p.m. on Monday, August 15, 2005 at the Dublin Municipal Building. PLEDGE OF ALLEGIANCE Mr. Reiner led the Pledge of Allegiance. ROLL CALL Present were: Mayor Chinnici-Zuercher, Vice Mayor Lecklider, Mrs. Boring, Mr. Keenan, Mr. McCash, Mr. Reiner and Ms. Salay. Staff members present were: Ms. Brautigam, Ms. Grigsby, Mr. Smith, Mr. Bird, Mr. Hammersmith, Ms. Gilger, Ms. Ott, Lt. Von Eckartsberg and Mr. Harding. APPROVAL OF MINUTES Ms. Salay moved approval of the minutes of the meeting of August 1, 2005. Mr. Lecklider seconded the motion. Vote on the motion: Mayor Chinnici-Zuercher, abstain; Mr. Reiner, yes; Mr. McCash, yes; Mrs. Boring, yes; Mr. Keenan, yes; Ms. Salay, yes; Mr. Lecklider, yes. CORRESPONDENCE The Clerk reported that no correspondence requiring Council action had been sent to Council. SPECIAL RECOGNITION/PROCLAMA TION Mayor Chinnici-Zuercher recognized the coaches and players of the Dublin Green Sox baseball team for their recent win of the national championship of the U-13 USSSA AAA World Series in Canton, Michigan. CITIZEN COMMENTS FOR ITEMS NOT ON THE AGENDA Wallace Maurer. 7451 Dublin Road noted that he wants to engage in a discussion with the City Manager at this time. Ms. Brautigam responded that she would engage in discussion with him if Council wants her to do so. Otherwise, she would invite Mr. Maurer to meet with her tomorrow in her office for discussion of any matters. Mayor Chinnici-Zuercher clarified that this would be the appropriate time for Mr. Maurer to make comments to City Council, and Mr. Maurer can then contact the City Manager for an appointment if he desires to do so. The City Manager would then be aware of the issues he wants to discuss. Mr. Maurer stated that his issue relates to the firing of Ms. Heal. He assumes that the City Manager has read the local newspaper accounts regarding the firing. He wonders whether the City Manager found that any portion of the newspaper accounts did not accurately reflect her thinking. He believes the account was fairly accurate. One sentence in the Dublin News story struck him, "The decision to let her go was made by Brautigam who, according to the City Charter, does not need to get City Council approval for such a decision." How was the phrase, "according to the City Charter" included in that interview? Was it inserted by the substitute reporter who must have been very conversant with the Charter, or was it brought up in the conversation by Ms. Brautigam? He is not certain if Ms. Brautigam wants to respond to this question. However, if the City Manager did raise the Charter issue, why did she do that at this point? If, in fact, the City Charter was brought into this discussion, he pointed out that the Charter is silent about two issues involved. One is the policy-making authority of the City Manager, and the other is civil rights and arbitrary abuse of power, such as an unexplained firing. Mayor Chinnici-Zuercher stated that the five-minute time allotment has now expired. Mr. Maurer can contact the City Manager to make an appointment to discuss this matter further. AGENDA MODIFICATION Mayor Chinnici-Zuercher asked if there would be an objection to moving the Dublin Convention and Visitors Bureau item forward on the agenda. Hearing no objection, she invited Mr. Dring forward. . Request for grant - Dublin Convention & Visitors Bureau RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC., FORM NO. 10148 August 15, 2005 Page 2 Held 20 Mr. Keenan reported that information was included in the packet regarding the grant request. He moved approval of the grant request as presented, in follow-up to previous discussion of this item. It is his understanding that with the grant of $53,634 the DCVB will become self-sufficient (outside of the state mandated 25 percent share of hotel/motel tax revenues) and will retain their presence in the Historic District. Ms. Salay seconded the motion. Ms. Grigsby clarified that the grant amount would be up to $53,634, based upon actual costs. In addition, she discussed with Mr. Dring that the current lease subsidy payments could be made to the DCVB by the City through the remainder of 2005, and the balance of the actual costs of the construction/renovations, less the two $6,666 payments would then be budgeted in next year's City budget. Mr. Keenan amended his motion to reflect the clarifications. Ms. Salay seconded the amended motion. Mrs. Boring asked about the miscellaneous funds and how they will be identified as related to the project. Ms. Grigsby stated that for this reason, the grant monies would be allocated based upon actual costs incurred. The miscellaneous category is for potential costs which will be incurred and which are not specifically identified at this point in the process. Mr. Keenan pointed out that the grant is specifically for the build out and equipping of the new facility on the first floor. Mr. Dring added that the upstairs facility would need some additional equipment to communicate with visitors in the downstairs facility. Vote on the motion: Mr. Keenan, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr. McCash, yes; Ms. Salay, yes; Mr. Lecklider, yes; Mayor Chinnici-Zuercher, yes. LEGISLATION SECOND READING/PUBLIC HEARING - ORDINANCES ECONOMIC DEVELOPMENT AGREEMENT Ordinance 38-05 Authorizing the Execution of an Economic Development Agreement between the City of Dublin and Mortgage IT to Induce the Creation and Expansion of Its Operations and Workforce in the City of Dublin. Ms. Gilger stated that this agreement involves Mortgage IT, a New York based company who will establish its regional office in Dublin. The jobs are new to the region and to the state of Ohio. They have committed to have 59 employees in Dublin by 2011 and the agreement is a three-year, 25 percent job performance incentive, with the option to extend it for two years should they extend their five-year lease beyond that term, and a $4,500 technology grant. Including the bonus years, the City is expected to net just over $250,000. Mayor Chinnici-Zuercher asked if a company representative is present. Ms. Gilger responded that Mr. Drios is not present at this time. Ms. Gilger stated that the business engages in real estate loans. This regional office will serve an eight state area and will handle single-family mortgage loans. There were no additional questions. Vote on the Ordinance: Mr. Reiner, yes; Mr. Keenan, yes; Mrs. Boring, yes; Mayor Chinnici-Zuercher, yes; Ms. Salay, yes; Mr. Lecklider, yes; Mr. McCash, yes. ECONOMIC DEVELOPMENT AGREEMENT Ordinance 40-05 Authorizing the Execution of an Economic Development Agreement between the City of Dublin and OhioHealth to Induce the Location and Expansion of Its Revenue Cycle Operations and Workforce in the City of Dublin. Ms. Gilger stated that this agreement relates to the OhioHealth patient and billing account offices. They plan to move their headquarters to Dublin and it will house 321 fulltime employees. As outlined in the memo, OhioHealth will enter into a 14-year incentive with the City - 25 percent for the first five years, 20 percent for the next five, and fifteen for the four years following that. There is also a $300,000 relocation grant in two payments - one within 30 days of occupancy and the other nine months after the first payment. They are still working on lease negotiations and the exact location in Dublin is not defined at this point. Over the term of the agreement, the City is expected to net $3.6 million. There were no additional questions. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC.. FORM NO 10148 August 15,2005 Page 3 Held 20 Vote on the Ordinance: Ms. Salay, yes; Mr. Lecklider, yes; Mr. Reiner, yes; Mayor Chinnici-Zuercher, yes; Mr. Keenan, yes; Mrs. Boring, yes; Mr. McCash, yes. SERVICE AGREEMENT Ordinance 41-05 Authorizing the City Manager to Enter into a Service Agreement with Washington Township and Jerome Township for Fire Prevention, Suppression, and Protection Services and Emergency Medical Services. Mr. Smith responded to questions that were raised at the last meeting. . Chief Woo will execute the final agreement on behalf of the township. . There was a typo in an address that will be corrected. . In respect to protocol on response, Chief Woo is comfortable with the provisions regarding response. . The provision on workers' compensation is duplicitous and will be deleted. Mr. Smith noted that Jerome Township has already approved this legislation, and Washington Township is to consider this agreement on September 15. Staff will circulate the final version of the agreement to Council. Mr. Keenan asked about the appointments to the Authority. Mr. Smith responded that a memo was prepared by the City's bond counsel, but Mr. Franzmann could not be present this evening. Mr. Franzmann offered to provide a presentation to Council on the Authority prior to its establishment. Mr. Keenan stated that the Authority is to include from 7 to 13 members - who decides that? Mr. Smith responded that at a future date, Mr. Franzmann can respond to all of the questions that have been raised about the Authority. Mrs. Boring noted that many of the examples provided in the memo have the school system as a benefactor. Does this service agreement limit the City as to the authority that this body would have? Can it be expanded upon once it is in place? Mr. Smith responded that this Authority when designated would have specific parameters that cannot be changed. If another expedited annexation is brought to the City, a different model could be set up for that area. Mrs. Boring stated that for New Albany, part of the Authority has provided bond financing for a new school. Could this particular Authority for this annexation tack on money targeted for building new schools? Mr. Smith responded that he does not believe this is possible, but he will ask bond counsel to address that. This one will be limited to the direct costs for fire and EMS services. Mrs. Boring added that as large parcels are annexed, she would be interested in the City partnering with the Schools on these matters. Vote on the Ordinance: Mr. McCash, yes; Mayor Chinnici-Zuercher, yes; Mr. Lecklider, yes; Ms. Salay, yes; Mr. Reiner, yes; Mr. Keenan, yes; Mrs. Boring, yes. HOUSING OFFICER Ordinance 42-05 Designating the City's Housing Officer and Amending Section 5 of Ordinance 130-94 (Amended). Ms. Ott stated that Ordinances 42-05 and 43-05 are housekeeping matters related to the organizational changes and are necessary for the statutory requirements of the Tuttle Crossing and Britton Parkway Community Reinvestment Areas. Additionally, the Housing Council appointees are reaffirmed, in keeping with statutory requirements. Mayor Chinnici-Zuercher commented that the City's Economic Development Director will be out of the country for some period of time, and there is not a provision that states "or designee." How will this be handled? Ms. Ott responded that the position would be filled by the Interim Economic Development Director. Mayor Chinnici-Zuercher responded that she was not aware an interim Director was to be appointed. She believes that the language should specify the alternate. Ms. Brautigam suggested that the language be amended to state, "or the City Manager's designee" to clarify this intent. It was the consensus of Council to amend the ordinance to clarify the language in this manner. Vote on the Ordinance as amended: Mayor Chinnici-Zuercher, yes; Mr. Keenan, yes; Mr. Reiner, yes; Ms. Salay, yes; Mr. McCash, yes; Mr. Lecklider, yes; Mrs. Boring, yes. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC.. FORM NO. 10148 August 15,2005 Page 4 Held 20 COMMUNITY REINVESTMENT AREA HOUSING COUNCIL APPOINTMENT Ordinance 43-05 Appointing Members to the Community Reinvestment Area Housing Council and Amending Ordinance 18-96 (Amended). Mrs. Boring suggesting that the language in Section 2 state, "Mayor's appointments" instead of "Mayor Chinnici-Zuercher's appointments" so that it names the position, not a specific person holding the office at this time. It was the consensus of Council to amend the ordinance to clarify the language as suggested. Vote on the Ordinance as Amended: Mayor Chinnici-Zuercher, yes; Mr. Keenan, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr. Lecklider, yes; Ms. Salay, yes; Mr. McCash, yes. INTRODUCTION/FIRST READING - ORDINANCES TAX INCREMENT FINANCING AGREEMENT Ordinance 44-05 Declaring Improvements to Certain Real Property to be Developed as the Shoppes at River Ridge to be a Public Purpose, Describing the Public Infrastructure Improvements to be Made to Benefit that Parcel, Requiring the Owner Thereof to Make Service Payments in Lieu of Taxes, Providing for the Franklin County Treasurer to Distribute Service Payments to the Dublin City School District in the Amount it Would Otherwise Receive Absent the Exemption, Creating a Municipal Public Improvement Tax Increment Equivalent Fund for the Deposit of the Balance of Such Service Payments, and Authorizing the Execution of a Tax Increment Financing Agreement. Mr. Lecklider introduced the ordinance. Ms. Grigsby stated that this is a non-school TIF district being established for the River Ridge development at the corner of SR 161 and Riverside Drive. Based upon the estimated value of the public improvements at $16.8 million, it is estimated that the City will receive approximately $170,000 per year in service payments. These payments will be used to reimburse the City for the public infrastructure improvements needed in that area. Those improvements were highlighted in the recent CIP workshops and are listed in an attachment to the ordinance. Ms. Salay stated that she understands the benefit of a TIF, but thought that the underlying justification for a TIF would always be economic development purposes. These improvements seem to be benefiting a specific development. Has the thought process changed over time? She has the same question regarding the Kroger Centre. Ms. Grigsby responded that both of these projects serve public purposes. There are additional jobs created and these private developments create additional demand on the City's infrastructure. The improvements identified for each of these benefit the properties within the TIF district as well as the community overall. The City's policy has been and continues to be to ensure that there is benefit to the developing property but also to the community as a whole. Mrs. Boring noted that there have been TIF's done for residential areas as well, correct? Ms. Grigsby responded that the City's only residential TIF has been for Tartan West. Mrs. Boring stated that if this agreement is approved at the next meeting, the 30-year timeframe begins at that point. However, she understands that a building permit has not yet been issued for the project. Ms. Grigsby stated that the plans have been submitted and staff anticipates issuance of the building permit in the near future. The developer anticipates beginning construction yet this year. Mrs. Boring has heard some concerns in regard to the building permit issuance and she is uncomfortable with passage of the ordinance at this time. Ms. Grigsby stated that staff can follow-up, but her discussions with Building Division staff last week indicated that the application had been submitted and the permit was to be issued shortly. Mr. McCash noted that TIF agreements have typically been done for office developments where there is a high volume of income tax revenues anticipated. This project is predominantly, if not entirely, retail. Could staff, at the next meeting, provide a breakdown of the projection of income tax dollars to be generated by this development during this time period and how much tax revenue the fire services, MRDD and other entities will not receive because of the TI F? Ms. Grigsby responded that staff would address this. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC.. FORM NO. 10148 August 15,2005 Page 5 Held 20 Mayor Chinnici-Zuercher added that this type of information should be included with all TIF's that are proposed in the future. Mr. Lecklider expressed similar concerns with the River Ridge and Kroger Centre, which seem to be somewhat "pushing the limits" in terms of the present policies for TIF's. There will be a second reading/public hearing at the September 6 Council meeting. TAX INCREMENT FINANCING AGREEMENT Ordinance 45-05 Declaring Improvements to Certain Real Property to be Developed as Kroger Centre to be a Public Purpose, Describing the Public Infrastructure Improvements to be Made to Benefit the Parcels of Such Development, Requiring the Owner Thereof to Make Service Payments in Lieu of Taxes, Providing for the Franklin County Treasurer to Distribute Service Payments to the Dublin City School District in the Amount it Would Otherwise Receive Absent the Exemption, Creating a Municipal Public Improvement Tax Increment Equivalent Fund for the Deposit of the Balance of Such Service Payments, and Authorizing the Execution of a Tax Increment Financing Agreement. Ms. Salay introduced the ordinance. Ms. Grigsby stated that this is a non-school TIF district and currently, it is estimated that the private improvements will be approximately $16 million in value. Based upon that, the City should receive $162,000 per year in service payments to be applied toward the infrastructure improvement agreements listed in the ordinance and the TIF agreement. Mrs. Boring noted that she recalls from the CIP that this project will help to open up Emerald Parkway for development. If more applications for office development are received, would those be included in the TIF to facilitate an earlier payoff? Ms. Grigsby stated that as Emerald Parkway develops between Riverside and Hard Road, staff anticipates bringing back additional requests for establishment of TIF districts, resulting in an earlier payback. Mr. Lecklider asked if there is land zoned for office in that area. Mrs. Boring responded that the Community Plan anticipates office use between Emerald Parkway and 1-270 south of Bright Road in that area. There will be a second reading/public hearing at the September 6 Council meeting. LAND APPROPRIA TION Ordinance 46-05 Appropriating a 0.10 Acre, More or Less, Fee Simple Interest from Continental Sawmill Limited Partnership, Located West of Village Parkway and South of Tuller Road, 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 that this is a companion ordinance to legislation approved at the last meeting. He believes the case is settled, but requests that Council pass this in case it is needed. It is all being paid for privately. Ms. Salay moved to dispense with the public hearing and treat this as emergency legislation. Mr. Lecklider seconded the motion. Vote on the motion: Mrs. Boring, yes; Mr. Keenan, yes; Mr. Reiner, yes; Mayor Chinnici- Zuercher, yes; Mr. McCash, yes; Mr. Lecklider, yes; Ms. Salay, yes. Vote on the Ordinance: Mr. McCash, yes; Ms. Salay, yes; Mrs. Boring, yes; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes; Mr. Lecklider, yes; Mr. Reiner, yes. ROAD VACATION Ordinance 47-05 Vacating 3.575 Acres, More or Less, of Perimeter Loop Road Located West of Avery Road and South of Perimeter Drive, City of Dublin, County of Franklin, State of Ohio, and Declaring an Emergency. Mr. Lecklider introduced the ordinance. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC.. FORM NO 10148 August 15, 2005 Page 6 Held 20 Mr. Smith stated that in May, Council approved the dedication and vacation plats for the new alignment of Perimeter Loop Road. In order to have this recorded at the county, it must be approved by ordinance. Mr. McCash asked if the City purchased this right of way, or was it donated to the City? Mr. Smith responded that it was donated. Mr. Keenan moved to dispense with the public hearing and to treat this as emergency legislation. Mr. Lecklider seconded the motion. Vote on the motion: Ms. Salay, yes; Mr. Reiner, yes; Mr. McCash, yes; Mayor Chinnici- Zuercher, yes; Mr. Keenan, yes; Mr. Lecklider, yes; Mrs. Boring, yes. Vote on the Ordinance: Mr. Keenan, yes; Ms. Salay, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mr. McCash, yes; Mr. Lecklider, yes; Mayor Chinnici-Zuercher, yes. STORMWA TER MANAGEMENT Ordinance 48-05 Repealing Chapter 53, Stormwater Management, Establishing Chapter 53, Stormwater Management and Stream Protection, and Adding Section 153.231 (B)(5) of the Codified Ordinances of the City of Dublin, Ohio. Ms. Salay introduced the ordinance. Mr. Hammersmith stated that substantial information is included in the staff report and a detailed presentation will be made at the September 6 meeting. Mayor Chinnici-Zuercher suggested that Council Members review the information and forward any questions they may have to Paul Hammersmith or Barb Cox so that they can respond to them. There will be a second reading/public hearing at the September 6 Council meeting. INTRODUCTION/PUBLIC HEARING - RESOLUTIONS STA TEMENT OF SERVICES FOR PROPOSED ANNEXA TlON Resolution 57-05 Adopting a Statement of Services for a Proposed Annexation of 82.3 acres, More or Less, from Jerome Township, Union County to the City of Dublin. (Petitioners: Suburban Improvement of Columbus, Inc.; Cheistoff P. Steuerwald and Sandra Sue Steuerwald) Mr. Lecklider introduced the resolution. Mr. Smith stated that Resolutions 57-05 and 58-05 are required under state statute. Under the statement of services, it indicates that the city will either cause to deliver or contract to deliver the fire and EMS services, because the agreement was not approved regarding fire and EMS services at the time of drafting. Resolution 58-05 provides that the City will require buffering if the future use of the property is problematic to a neighbor. Mr. Lecklider asked if the state law is specific regarding what comprises a buffer. Mr. Smith responded that it is not - it is left up to the discretion of the community. This was an item requested by the townships at the time the state law was changed regarding annexations. Mayor Chinnici-Zuercher asked if there is some kind of historical data that can be used regarding buffering. Mr. Smith responded that there would have to be an incompatible use, for example, industrial uses adjacent to residential areas. This was designed to protect what exists in the township areas, if adjacent areas were annexed to a City and rezoned. Vote on the Resolution: Mr. Lecklider, yes; Mr. Keenan, yes; Mr. McCash, yes; Mayor Chinnici-Zuercher, yes; Mrs. Boring, yes; Mr. Reiner, yes; Ms. Salay, yes. STA TEMENT REGARDING POSSIBLE INCOMPA TlBLE LAND USES AND ZONING BUFFER FOR PROPOSED ANNEXA TlON Resolution 58-05 Adopting a Statement Regarding Possible Incompatible Land Uses and Zoning Buffer for a Proposed Annexation of 82.3 Acres, More or Less, from Jerome Township, Union County to the City of Dublin, Ohio as Required by Section 709.023C of the Ohio Revised Code. (Petitioners: Suburban Improvement of Columbus, Inc.; Cheistoff P. Steuerwald and Sandra Sue Steuerwald) Mr. Lecklider introduced the resolution. There were no further questions. Vote on the Resolution: Ms. Salay, yes; Mr. McCash, yes; Mayor Chinnici-Zuercher, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mr. Keenan, yes; Mr. Lecklider, yes. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC., FORM NO 10148 August 15,2005 Page 7 Held 20 OTHER . Request to serve alcohol at Darree Fields for sponsor appreciation party - Miracle League of Central Ohio The Clerk reported that Terry Lyden, Miracle League of Central Ohio founder has requested permission to serve alcohol at Darree Fields in conjunction with a sponsor appreciation party on September 1. The details are outlined in the memo. Mayor Chinnici-Zuercher moved to grant approval to the Miracle League of Central Ohio to serve alcohol at the sponsor party in Darree Fields on the evening of Thursday, September 1. Mr. Reiner seconded the motion. Mr. Lecklider noted that the memo references alcohol being served in conjunction with the Innovation Groups conference for an event in Coffman Park in 2001. Could someone provide more detail on this? Ms. Brautigam responded that the City hosted the national conference for this group, of which the city is a member. A special event was held in Coffman Park for the attendees and alcohol was served, requiring permission from Council. Mr. Lecklider noted that the Kiwanis has previously requested permission to serve alcohol in Coffman Park in conjunction with the Frog Jump. He voted against this, due to the impact on the neighboring residents of an all-day and into the evening event. He is concerned with establishing a policy regarding serving alcohol in the parks. He recalls that the Vintage Wine festival was held in Coffman Park for a couple of years, but has since been discontinued. He is aware that limited serving of alcohol is permitted in the rental rooms of the DCRC for evening receptions. He has some reservations about this request from a philosophical standpoint. Ms. Salay agreed, and is concerned about setting a precedent. Mrs. Boring noted that Council received an invitation for the family event on Sunday for the actual dedication. If this were an adult function to recognize the sponsors, perhaps it would be appropriate to have it in a venue that would not require such permission. She is not certain it is necessary to have it at Darree Fields. Mayor Chinnici-Zuercher responded that one purpose of the event was to provide the sponsors with an opportunity to view the finished field, if they have not already done so. Mr. Hahn added that he is aware that they are planning to have a softball game on the field with the sponsors participating. He clarified that they are asking only permission to serve alcohol, not to sell alcohol. Some past requests have been for the sale of alcohol within the parks. This is a private party by invitation only and will include baseball play by the sponsors. Mr. McCash stated that these issues have come up previously. For those who serve and sell alcohol at the Dublin Irish Festival, there is required training. Has the City established training or guidelines for any groups serving or selling alcohol on City property, i.e., ID checks, consumption limits, etc.? Ms. Brautigam responded that the Police Department does conduct training sessions with servers, and they could do so for this group. Mr. McCash asked if it would be mandatory for such guidelines to be followed in this case. Ms. Brautigam responded that it would be. Mayor Chinnici-Zuercher added that the training is very thorough and acknowledgment of having received training is required. Those who have not received training are not permitted to serve, and many rules are in place for servers for groups serving or selling alcohol at City events, i.e., St. Patrick's Day, Irish Festival. Mr. McCash noted that these guidelines are only in place for City events, not for private events. Ms. Brautigam clarified that when the City owns and is selling the alcohol, strict rules are in place. In this case, for a private event, she is not aware of such provisions that would apply. But as the Mayor has suggested, it could certainly be required as part of granting permission in this case. The catering company that is providing the food and beverages would be responsible for following the rules for serving alcohol. If Council desires, the Police Department could engage with these servers as well. Mr. Keenan stated that the caterers would have the legal liability for serving the alcohol. Ms. Brautigam stated that the City would require anyone using the Parks to provide proof of insurance naming the City as an additional covered party. Mr. Keenan stated that he understands the concerns, but it is important to maintain flexibility on a case-by-case basis. This project is very important to the City. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC., FORM NO 10148 August 15, 2005 Page 8 Held 20 Mayor Chinnici-Zuercher called the question regarding granting the Miracle League of Central Ohio permission to serve alcohol at Darree Fields the evening of September 1, 2005. Vote on the motion: Mr. Keenan, yes; Mr. Reiner, yes; Ms. Salay, no; Mr. McCash, yes; Mrs. Boring, no; Mayor Chinnici-Zuercher, yes; Mr. Lecklider, no. (Motion carried 4-3) . Final Plat - Ballantrae, Section 10- Lots 660 through 667 (Case No. 05- 085FDP/FP) Mr. Bird stated that the staff memo includes the 11 conditions from P&Z. Staff recommends approval, as does the Planning Commission, subject to those conditions. Mr. Reiner noted that condition 4 states, "Existing trees and undergrowth be preserved where feasible." How is this defined - what will they be instructed to do? Mr. Bird responded that the City's landscaping staff will meet with the developer and a review is done when the building permits come in for the plat. Mr. Reiner assumes that Mr. Bird is speaking of each lot on an individual basis. Mr. Bird confirmed this. Mr. McCash asked if this would be primarily a developer issue? What happens when a homeowner purchases the property, has the house constructed, and then cleans out the undergrowth on the property? Mr. Bird responded that relative to areas where there is a no build or no disturb zone, this is easy to address. In the other parts of construction, it is up to the homeowner which trees are kept, per the City's existing ordinance. Mr. Lecklider noted that this item was not in his packet. Is this consistent with the density - 8 lots in 4 acres? Mr. Bird responded that it is - one unit per half acre gross density. Ms. Salay moved approval of the plat with the conditions of Planning Commission. Mr. Keenan seconded the motion. Vote on the motion: Mrs. Boring, yes; Mr. Keenan, yes; Mr. Reiner, yes; Mayor Chinnici- Zuercher, yes; Mr. McCash, yes; Mr. Lecklider, yes; Ms. Salay, yes. . Appointment of Acting Clerk of Council Ms. Salay moved to appoint Judy Beal as Acting Clerk of Council from August 24 through September 2. Mayor Chinnici-Zuercher seconded the motion. Vote on the motion: Mr. McCash, yes; Mr. Reiner, yes; Ms. Salay, yes; Mrs. Boring, yes; Mr. Lecklider, yes; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes. . Concept Plan - Dublin Village Center (Case No. 05-092) Mr. Bird stated that a concept plan has been submitted by the developer to revitalize the Dublin Village Center. This revitalization has long been an important goal of City Council. The concept plan is being brought to Council as a precursor to a planned unit development review by the Planning Commission. Staff would like to share a vision with City Council, in addition to sharing an overview of the project. The vision will need refinement with the goal to achieve the creation of a significant destination or focal point for the area. He noted the following: . The site consists of 50 acres; to the north is Tuller Road, to the west and south is Village Parkway; there are approximately 500,000 square feet in the entire site. Noted on the development are hatched areas, which are not currently under control by the developer but which have been included in the concept, relative to the vision. . In terms of a regional context, there are significant development opportunities that exist. There are some proposal opportunities for mixed-use developments along David Road. He then described all of the uses and proposed future uses in the vicinity, extending to Riverside Drive to the west and south to Martin Road. . The existing site plan for Dublin Village Center was developed in the mid-1980's and the configuration is more oriented toward automobile traffic in terms of a strip type shopping center with outlots. It is a regional center built in an area that was the first wave of development in the vicinity. . Over time, the center has experienced a significant outflow of retail uses. A substantial infusion of capital is needed to enhance redevelopment of the area. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC., FORM NO 10148 August 15,2005 Page 9 Held 20 . As an anchor to this development, the developer has proposed the reconfiguration of the theatre location to expand it to a stadium type seating facility, along with shops along a plaza. This is seen as a first phase or catalyst for redevelopment. Some additional outlot development of retail and perhaps restaurants is envisioned in their current thinking, relative to the remainder of existing structures in the "',. .. interim. . Staff has reviewed the concept plan and has come up with an alternative that increases the gross leasing area from 500,000 to 600,000 square feet. They suggested to the developer that he looks at a pedestrian oriented streetscape that provides not only for vehicular traffic through the area, but also encourages pedestrian locations along public green, the possibility of a future parking garage, and clustering - with the major anchor to be an entertainment complex. The concept would be a major entertainment center that provides for recreational uses, health/fitness uses, and related retail uses. . Relative to the type of development, the anchor focus would be entertainment and expanding that concept throughout the center, obtaining agreement upon a pretty significant pedestrian vehicular orientation. . Putting this in context with the region, it ties into improving access to the Center along Tuller and along Shamrock Boulevard; increasing the exposure to the center from a variety of locations; tying it into the network in an organized fashion; and emphasizing a pedestrian connection for that area. . From a regional standpoint, staff sees other opportunities within this area for entertainment, Le., Wendy's lawn where outdoor concerts are periodically held. . The nucleus of the development is the entertainment district. He displayed some renderings, which include a pedestrian scale to the center, creating gathering places and a plaza for entertainment areas. It will take much collaboration and work to revitalize this center. Normally, Planning is put in a reactionary mode, but in this case, Planning staff felt that it is important for the City to look aggressively at the type of district this should be. The applicant is present to add any comments he believes appropriate. Glenn Duqqer, Smith & Hale. 37 W. Broad Street stated that he represents the applicant, Developers Diversified. While the two concepts appear substantially different, there are many similarities as well. They view these as good first efforts and are looking forward to the opportunity to meet with staff to develop a plan that will work for both the City and the developer. He pointed out the following: . The theater rebuilding does necessitate the reconstruction of the theater and does impose some time constraints. They do not have "forever" to work through this process with City staff. . At present, the Center is obviously not working. In 1997, the Center earned rental revenues of $3.2 million, but last year earned less than $200,000 in rental revenues. The City is also losing the income tax revenues from a successful center. The City and the developer do not want to have a failed center and they want to work with staff to develop a workable plan. . Tonight's presentation is introductory and they want to begin working with staff on the plan. Everything needs to be "on the table" in this discussion in an effort to re- energize the center. It will not be productive to point fingers at what has made the center what it is today. It did have success in the past. Mayor Chinnici-Zuercher noted that Council has indicated for a long time a great interest in the center. She prefers an approach quite different from re-energizing and instead approaching this as a blank slate. This seems to be the major difference in the two plans. While the developer desires to retain some of the buildings, she hopes to see something unique that will carry the area for 25 years. The rendering submitted by the developer looks interesting. She is pleased to hear that the theater will be updated, and wonders about the expected timeframe, as to some degree, it will drive the development. Mr. Dugger responded that Mr. Bird characterized the theater component as a first phase. It clearly needs to be on a faster track. As a part of this, the developer does need to reach a base understanding and receive answers regarding the balance of the Center. They have obligations to the theater related to the rest of the site. They hope to have the theater component and some answers on the balance of the Center by early 2006. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC.. FORM NO. 10148 August 15, 2005 Page 10 Held 20 Mr. Reiner stated that he views the rehab of the theater as something that could be profitable fairly quickly. What do they really believe in terms of the rest of the project as far as filling it out with tenants? The property does not have frontage along Sawmill Road. Can the developer have a project that will guarantee profitability for the tenants and viability for the development? Mr. Dugger responded that this is their only opportunity. One challenge is the amount of existing commercial space along Sawmill Road. They need to make this Center interesting enough to compel people to relocate to Dublin Village Center. This is the major challenge of this effort. Mr. Reiner stated that he would be upset if the theater were rehabbed and nothing further was done, leaving a vacant center other than the theater. Mr. Dugger agreed, noting that the developer cannot just build a new theater and then discontinue other efforts on the Center. It doesn't work because they must retenant the center and this is not possible without a fairly significant effort. Mr. Reiner noted that this is the first time he has viewed the City's concept plan and he applauded the Planners for this dramatic concept. The question is whether it will attract new tenants. Mr. Dugger responded that many tenants left the Dublin Village Center due to the better visibility of other retail areas along Sawmill, especially in the last five years. Mr. Reiner stated that it is important that this be an exciting destination. The signage laws have stood the City well for 25 years and they are now requesting modification of these standards. In a tradeoff for that, there must be a commitment from the developer to do something really extraordinary. Mr. Dugger responded that he is aware that Mr. Hale made comments regarding the Dublin sign code. What Mr. Bird has suggested, and he and his client agree, is a more holistic approach to the re-energizing of the center. There is a list of items to be reviewed with staff, including signage. Mr. Reiner wished them well, noting that all parties are interested in a successful center. He was serving on Planning Commission when the center was first developed. Mr. Dugger commented that one challenge is that the Center does not have frontage on either 270, Sawmill or on 161. How to resolve this in a creative way is a key issue. Mr. McCash commented that in looking at the two proposals, staff's proposal does much more. The developer's proposal appears to include more parking. He is concerned with what he sees as the extent of non-conformity with the sign code, landscape code, etc. and how that will be addressed. In a couple of locations on the plan, he sees off premises graphics being proposed for entry signs. What is the justification for doing this in this location versus any other location in the City lacking major thoroughfare frontage? Mr. Dugger responded that these are preliminary proposals and he does not want to engage in discussion about these issues tonight. Obviously, adhering to the sign code previously did not get them where they wanted to be today. They believe that all of the elements in the package must be examined holistically, and that is what Mr. Bird has suggested. Mr. McCash stated that they appear to have moved from one extreme to another. Another item he does not see in an effort to development a holistic community is some critical mass - a combination of office, live/work units - a critical mass to serve this area without automobile traffic, focusing on pedestrian traffic. The lifestyle centers being developed across the country, similar to Easton, have this type of critical mass. He sees more retail, restaurant and theater uses in this concept. He would like to see more of a mix. Mr. Dugger offered that the residential area of Greystone Mews is immediately to the west of this, although it is not within the center. At this time, all of this discussion is on the table. Mr. McCash acknowledged that the high voltage transmission lines bisecting the site make it challenging, as they preclude construction of anything underneath that. Mr. Dugger stated that Developers Diversified is a very capable company and can address the issues. Mrs. Boring noted concern about the previous comments regarding tenants who moved elsewhere. These same tenants moved somewhere else and failed. One factor is the big box retail mentality and its impact. The Easton Town Center does not have highway frontage either, and the stores face into the Center. Yet the Center has been highly successful. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC.. FORM NO 10148 August 15, 2005 Page 11 Held 20 Mr. Dugger responded that when exiting 1-270, it is clear how to access Easton. An important component here, as Mr. Bird has suggested is better linkage with the local road network. The City is already working on some of the linkages, such as the extension of Federated Boulevard and Shamrock Boulevard. Mr. Reiner asked how large the Easton Town Center is. Mr. Dugger stated that the actual center itself is around 250 acres, depending upon which outparcels are included. Mr. Reiner stated that this information would be helpful for future discussion purposes. Mrs. Boring stated that if Mr. Dugger suggests that this be considered as a whole package, it is not worthwhile to further pursue concerns about the various components at this time. Mr. Lecklider stated that he was excited when he learned that a concept plan for Dublin Village Center revitalization was being brought to Council. There was a question posed by a newspaper reporter to Council recently, in response to comments made by Mr. Hale regarding the possibility of concessions from Council regarding signage. He remains willing to make some concessions, but only for something extraordinary. In his opinion, the concept Mr. Dugger's client has proposed is far from extraordinary. He is very disappointed, and the concept plan strikes him as very ordinary, aside from the theater. If this session is designed for Council's input, it is only fair to comment now. . Why would the city approve the elimination of the mounding only to add asphalt? He favors more of what staff is proposing, as there is a great opportunity to do something fantastic. . Regarding the theater, he reads that theater revenues have declined due to the popularity of DVD's and home entertainment. He is interested in something that has the ability to survive the potential demise of the theater, something that will be vital for 25 years or longer. The concept is not in keeping with that. . He would like to see incorporation of a parking structure versus all of the asphalt. . He would be willing to modify the signage regulations or the mounding, etc., but only in exchange for something exciting with interesting architecture. . The demographics in Dublin are outstanding and lend themselves to supporting a Center with the right mix of tenants. Certainly, greater means are needed to enable people to find the center. . In summary, he could not support a plan similar to what the developer is proposing this evening. Ms. Salay stated that the Center was very successful years ago, and it is important for both the City and the developers to understand what the problems are that have led to the Center's current conditions. She has heard that the rents were high compared to those across the street and tenants relocated for economic reasons. She echoed Mr. Lecklider's comments about mounding and signage. She complimented staff on their plan and was pleased that the developer is willing to work with staff on the concepts. She suggested adding a residential component, which would add pedestrian traffic. She would suggest smaller retail stores. It is important not to overly emphasize the signage issue. At Easton, the stores are internal to the site and yet she can easily find the stores without additional signage outside of the center. There are great demographics in Dublin, which will support the center with the right mix of tenants. She previously served on the Board of Zoning Appeals and voted in favor of sign variances for two businesses, due to visibility issues. She would consider sign code variances only for something really exciting, very worthwhile and for something that would be viable long term. Mayor Chinnici-Zuercher noted that Mr. Lecklider brings up an interesting question regarding the future of theaters, which leads to the question of conversion capability. This may be a design issue. She is familiar with Easton's significant issues with their theater patrons and the many rules in place about young people leaving the Center. These factors should be kept in mind during the design phase when the theater location is determined. She would not want the City to encounter a situation where many rules are required to regulate minors who patronize the center. Mr. Dugger stated that they have learned some things in dealing with the Easton Town Center. In regard to long-term viability of theaters, it is now felt that people will continue to RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC., FORM NO. 10148 August 15,2005 Page 12 Held 20 patronize a technologically up-to-date theater. They would prefer to include an updated theater component in the Center. Mayor Chinnici-Zuercher agreed that pedestrian activity will be an important factor, and wondered if Greystone is sufficient. Perhaps other types of residences should be included in the plan to increase pedestrian activity. Based on proposals not accepted, the high density residential zoning for the Riverside Drive/Tuller Road area will likely be changed in the Plan update. Therefore, the developer may want to consider more residential uses within the Center. Mr. Dugger noted that the Sycamore Ridge development approval was a very lengthy process and encountered serious resistance, and so he agrees with her statement. Mr. McCash asked whether the developer would revise the concept based on tonight's feedback and bring it back to Council. He would not want this to be the only opportunity for input that Council has prior to the Planning Commission review, especially in view of the many aspects such as signage, etc. Mayor Chinnici-Zuercher asked for staff's intentions at this point in the process. Mr. Bird responded that he believes a revised concept plan is in order. The applicant can certainly proceed with their planned unit development, but bringing this back to Council and keeping Council advised of their progress is very important. He envisions working with the staff to get closer to and to incorporate some of Council's ideas, also in terms of the vision staff has outlined. Under the current plan, the developer would be demolishing about 70 percent of their buildings. Mayor Chinnici-Zuercher suggested that the next concept plan be brought back to Council for further dialogue before going to Planning Commission. Mr. Dugger agreed with this course of action. Mr. McCash stated that this Center is an area of obvious concern that Council has - discussed several times. Tonight's proposal is interesting, but it is "not there yet." He wants to see the next iteration of the concept plan - whether it is signage, overall mix of internal elements, the layout - he would not term this a "lifestyle center" at this point. Mr. Dugger responded that one of their challenges is the tenant history. They have serious doubts about their ability to program the center as a lifestyle center. There are some components of that which they can do well. Dublin does need more restaurants and these would fit well into the plan. This is a matter of meeting with staff, coming up with a plan that both parties are comfortable with, and bringing it back to Council. Mr. McCash stated that this site is not large enough for a lifestyle center in and of itself, but there are other areas outside of the site. The plan is now too internally oriented and does not take into account the developments around it, i.e., the hotels, the Greystone Mews, etc. Mr. Dugger responded that Mr. Bird's proposal suggested a better orientation externally. They need to discuss this with staff. There are some pieces that have been problematic, such as how to tenant the center. They are concerned with increasing square footage from 500,000 to 600,000. Mr. McCash cautioned them not to focus on "lifestyle center" as a viable term in this context. Mayor Chinnici-Zuercher summarized that a revised concept plan will be brought to Council before it is submitted to Planning Commission. Wallace Maurer, 7451 Dublin Road stated that based on his reading about the future of the movie industry, the owners are banking on the attraction of the theater experience with the audience and the overpowering screen and are gambling that it will not disappear. Relative to signage, promotion, and orientation - is anyone aware of the original site of the sawmill for which Sawmill Road was named? If that were available, perhaps it could be turned over to applied artists as a signage site, which could be an orientation for the entire area and could have satellite enterprises around it. Mayor Chinnici-Zuercher thanked him for his input. CITY MANAGER/STAFF REPORTS . Public Input Summary - Historic District Area Meetings RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC., FORM NO. 10148 August 15,2005 Page 13 Held 20 Ms. Brautigam stated that Mr. Bird will be distributing a document that staff has just completed concerning the Historic Dublin meetings that took place in July. Mr. Bird stated that in the Community Plan update process, meetings will be held on Tuesday and Wednesday of this week at the 1919 Building from 7 to 9 p.m. as a follow-up to the initial meetings. The report summarizes the input received at the July meetings regarding Historic Dublin. Similar reports will be provided to Council regarding other area plan meetings. He asked that Council review these materials prior to the August 29 joint meeting with Planning Commission. COUNCIL COMMITTEE REPORTS/COUNCIL ROUNDTABLE Mr. Reiner commended Ms. Puskarcik and staff for the outstanding Irish Festival. He believes that everyone understands the importance of this event. Aside from the national recognition, the Festival also brings citizens together to volunteer, to get to know each other and feel a part of the community. This is a major accomplishment and benefit of the Festival where neighbors can work together on a common project over three days. Mr. Keenan asked about the status of the water and sewer agreement between Union County and the City of Marysville. Is it close to being finalized? Mr. Hammersmith responded that he is not aware of the current status. Mr. Keenan suggested that an overview from Dublin staff or from Steve Stolte, Union County Engineer be scheduled for an upcoming Council meeting. These are important issues to be aware of for future planning. Mr. Hammersmith stated that staff would request that Mr. Stolte provide this update for the September study session. Mayor Chinnici-Zuercher: 1. Echoed Mr. Reiner's comments regarding the outstanding Irish Festival. She was very impressed with the number of citizens who took advantage of the postcard for Sunday's free admission for their families. She encouraged these citizens to use the invitation for the LPGA as well. Staff did an excellent job with the Festival, and the vendors were very pleased with their sales. 2. Commended Dan and Jodi Noreen and Mike and Robin Moran who chaired the Emerald Club and raised over $25,000. With the assistance of Michelle Hunter, a scholarship program was established and two scholarships have now been awarded as a result. 3. Noted that there are a variety of opportunities for involvement at the upcoming LPGA and Dublin Family Day is on Saturday. She encouraged Council Members to sign up to volunteer for the Saturday morning meet and greet session at Tartan Fields. ADJOURNMENT TO EXECUTIVE SESSION Mayor Chinnici-Zuercher moved to adjourn to executive session for discussion of land acquisition and personnel matters. Mr. Reiner seconded the motion. Mayor Chinnici-Zuercher noted that the meeting would be reconvened only to formally adjourn. No further action will be taken. Vote on the motion: Ms. Salay, yes; Mr. Lecklider, yes; Mayor Chinnici-Zuercher, yes; Mr. McCash, yes; Mrs. Boring, yes; Mr. Keenan, yes; Mr. Reiner, yes. The meeting was adjourned to executive session at 9:10 p.m. The meeting was reconvened at 11 :00 p.m. and formally adjourned. ~~~ Clerk of Council