HomeMy WebLinkAbout10/06/1997 RECORD OF PROCEEDINGS
Minutes of Dublin City Council Meeting Page 1 Meeting
A 8 NK CO. FORM NO. 10148
Held October 6, 1997
19
Mayor Kranstuber called the meeting to order at 7:00 p.m.
Mrs. Stillwell led the Pledge of Allegiance.
Roll Call
Council members present were: Mayor Kranstuber, Mrs. Stillwell, Mr. Campbell, Mrs. Boring,
Ms. Hide Pittaluga, Mr. McCash, and Mr. Reiner.
Staff members present included: Mr. Hansley, Mr. Helwig, Ms. Grigsby, Mr. Smith, Mr.
Banchefsky, Mr. Harding, Mr. Kindra, Ms. Clarke, Lt. Geis, Mr. Lenz, Mr. Husenitza, Ms.
~ Puskarcik and Ms. Bearden.
Approval of Minutes of Meeting of September 15, 1997
The approval of minutes of September 15, 1997 will be delayed until the meeting of October
20, 1997.
Correspondence
The Clerk reported that there was no correspondence requiring Council action.
Proclamations/Special Recognition
Mayor Kranstuber recognized the members of the Dublin Irish Rockets Malibu Race Team for
their fine performance this year. Ms. Kamler and the members of the team came forward to
accept a proclamation from the Mayor. They presented the trophies they were awarded in the
Tournament to the City of Dublin.
Citizen Comments
Patrick Wilkerson 5865 Houchard Road stated that at this time, Dublin has a golden
opportunity to plan for the future of the community in the way it should be done. The decision
on the stadium issue is premature due to the infrastructure traffic deficiencies in the area.
Mayor Kranstuber asked that Mr. Wilkerson hold his comments over until the public hearing
on the stadium matter later on tonight's agenda.
Wallace Maurer, 7451 Dublin Road addressed Council regarding the Revised Charter Section
3.06(d). He stated that he has now completed his research project on the Revised Charter, has
read the Dublin Chamber of Commerce brochure on the economic dynamics of Dublin, and
has read the September 16, 1997 draft of the Community Plan. He proceeded to comment on
Clause 3.06(d) of the Charter and the fact that during the Charter review, economic
development was mentioned as an additional reason for executive sessions. He noted that the
term economic development has been mentioned as an additional possible executive session
category. He urged Council to have forums of review for economic development in the public
setting and not behind closed doors in executive session.
Staff Comments
Ms. Clarke requested that Council reschedule the Community Plan workshop which had been
previously scheduled for Monday, October 13.
Following discussion, it was the consensus of Council to reschedule the workshop session to
Wednesday, October 22. The public hearing of the Plan will be held on Monday, October 27,
{ and the vote on the Plan will be at the November 3 Council meeting. All meetings will be held
at 7 p.m. in Council Chambers.
m Mr. McDaniel reported that the City of Dublin was given national recognition by the EPA as a
charter government in a waste wise program, and Dublin's program will be case studied across
the country.
Mayor Kranstuber noted that former Mayor Catherin Headlee died this past week, and Mr.
McDaniel has suggested that the City plant a tree with a commemorative plaque in her honor
in Coffman Park next spring.
It was the consensus of Council to do so.
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Minutes of Dublin City Council Meeting Page 2 Meeting
A B NK CO. FORM NO. 10148
Held October 6, 1997 19
LEGISLATION
Public Hearing & Second Reading -Ordinances
Ordinance 113-96 (Amended) - An Ordinance Providing for a Change in Zoning for
0.8076 Acres of Land Located on the Northwest Corner of Avery Road and Dan
Sherri Avenue from: R-2, Limited Suburban Residential District, to: PCD, Planned
Commerce District. (Crook property, 6017 Avery Road) (Applicant: Robert Thomas
Low, 12509 Hinton Mill Road, Marysville, OH 43040, c/o Chris Cline, attorney, 37 W.
Bridge Street, Dublin, OH 43017)
Ms. Clarke noted that Planning & Zoning had recommended approval of this rezoning
several months ago, but Council had subsequently raised questions about the
appropriateness of the land use. P&Z again reviewed the application and text amendments
were made in the process. These incorporated some driveway and access restrictions
similar to the Frazier property next door as well as staged development rights. The
revisions of June 27, 1997 were consistent with the recommendations during the Council
hearing. Planning & Zoning voted 6-0 to approve this revised application on August 25,
1997 with the following conditions:
1. That the residential structure, including expansion, be limited to 3,000 square feet;
2. That right-of--way along Avery Road be dedicated to the City, consistent with the
MS Consultants Avery Road Alignment Study, before issuance of a building permit;
3. That the text be revised to require sufficient reciprocal access easements with the
adjoining properties;
4. That stormwater management for the site meet the requirements of the City
Engineer; and
5. That a revised development text and a site dimension plan which incorporates all of
these conditions be submitted within two weeks.
Staff continues to recommend disapproval of this application for the reasons outlined in the
- staff report..
Chris Cline, 37 W. Bridge Street representing the applicant noted that Carole Olshavsky,
architect for the project, is present tonight along with applicant Thomas Low.
He noted that due to the traffic congestion on Avery Road, residential uses that front on
Avery are no longer viable. In addition, the expansion of Avery Road will doubly impact
the frontage on the west side of the road due to the cemetery located on the east side. He
showed Council a graphic which delineates the new western right-of- way of Avery Road
and the structures which will be eliminated with the expansion. The Southwest Area Plan
states that if this area is not residential, it should be office use. The text has been revised so
that the photographic studio use is a conditional use within the suburban office category.
He added that he does not believe philosophically that this application constitutes "spot
zoning".
Mr. Campbell moved approval of the reconsideration application with the P&Z conditions
of August 25, 1997.
Ms. Hide Pittaluga seconded the motion.
Vote on the motion - Mr. Reiner, yes; Mr. McCash, yes; Mrs. Stillwell, yes; Mr.
Campbell, yes; Mrs. Boring, yes; Ms. Hide Pittaluga, yes; Mayor Kranstuber, yes.
Ordinance 128-97 - An Ordinance Accepting the Lowest and Best Bid for Dry
Cleaning/Laundry Services and Authorizing the City Manager to Enter into a
Contract for Procurement of Said Services.
Mr. McCash asked for a response from staff regarding the reasons why other bidders chose
not to submit bids.
Mr. Harding responded that because of the nature of the service which requires pick-up and
delivery, two of the vendors could not provide a cost effective bid. The third vendor could
not meet the time frames for submitting the bid to the City.
Vote on the ordinance - Mr. McCash, yes; Mrs. Boring, yes; Mrs. Stillwell, yes; Mayor
Kranstuber, yes; Mr. Campbell, yes; Ms. Hide Pittaluga, yes; Mr. Reiner, yes.
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Minutes of Dublin City Council Meeting Page 3 Meeting
NK CO. FORM NO. 10148
~ Held October 6, 1997 19
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Introduction & First Reading -Ordinances
Ordinance 130-97 - An Ordinance Authorizing the City Manager to Enter into an
Agreement with Nexus Telecommunications for the Purpose of Providing
Telecommunications Consulting Services for the Purpose of Locating Wireless
r. Telecommunications Structures.
Mayor Kranstuber introduced the ordinance.
Mr. Hansley stated that this ordinance authorizes the City to hire a consultant to assist with
collocation of telecommunications structures in the community.
Ms. Hide Pittaluga asked if it is typical to take a percentage of the lease versus a standard
contract based on an hourly rate.
Mr. McDaniel responded that the City is one of the few communities who are working
proactively on this issue. Many communities have declared a moratorium on such
structures, but Dublin would prefer to retain Nexus Telecommunications to inventory the
appropriate sites for such structures.
Ms. Hide Pittaluga expressed her concern about the total costs of such a contract as
compared to an hourly rate arrangement. She is also concerned about setting a precedent
with this action.
Mr. McDaniel stated that the proposal in the contract is for 12 percent of the revenue
stream for the first term of the contract, not to exceed $15,000.
Mr. Hansley emphasized that this is a one-year contract, and it can be renegotiated based on
the City's experience over the year.
There will be a second reading and public hearing at the October 20 Council meeting.
Ordinance 131-97 - An Ordinance Amending the Annual Appropriations for the Fiscal
Year Ending December 31, 1997.
Mr. Campbell introduced the ordinance.
Mr. Hansley stated that a detailed memo was provided in the packet by Ms. Grigsby.
Ms. Grigsby stated that staff is requesting that the public hearing be waived for this item.
Ms. Hide Pittaluga complimented the Information Systems division on the progress made in
long range planning for the City for information systems.
Mayor Kranstuber moved to dispense with the public hearing.
Mr. Campbell seconded the motion.
Vote on the motion -Mrs. Stillwell, yes; Mr. McCash, yes; Mr. Reiner, yes; Mrs. Boring,
yes; Mayor Kranstuber, yes; Mr. Campbell, yes; Ms. Hide Pittaluga, yes.
Vote on the ordinance - Mr. Campbell, yes; Mr. Reiner, yes; Mrs. Stillwell, yes; Mr.
McCash, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Ms. Hide Pittaluga, yes.
Ordinance 132-97 - An Ordinance Amending the Annual Appropriations for the Fiscal
Year Ending December 31, 1997.
Mr. Campbell introduced the ordinance.
Ms. Grigsby stated that the items included in this appropriation ordinance are afollow-up
relate to the CIP process and to some TIF projects. The new items include electrical work
at the Community Recreation Center and design costs for the Dublin Road bikepath and
proposed tunnels.
Mrs. Boring stated that her understanding of the direction to staff was to have the tunnel
design done quickly. By doing the entire design for the Dublin Road bikepath project, the
costs of the tunnel portion will not be available by spring.
Ms. Grigsby responded that the information on costs will be available by next spring,
according to the City Engineer.
Mr. Kindra stated that some portion of the bikepath design must be done with the tunnels
themselves. An option is to have the consultant pull out the portion including the
Brandonway tunnel and do that first, but the whole design must be done and is already in
process. Additional appropriations are needed at this time to keep the project going. Last
summer, monies were appropriated solely to do the comparison between state funding and
local funding.
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Held October 6, 1997 19
Mrs. Boring asked if the tunnel between Donegal Cliffs and Brandonway will connect
existing bikepaths.
Mr. Kindra responded that the location of the tunnel is not exactly lined up with
Brandonway because of the drainage and the slopes. It is not precisely at the intersection
but will be some distance away.
Mayor Kranstuber asked for confirmation that the entire design will be done in the spring.
Mr. Kindra clarified that the design work will be completed by the end of April.
Mrs. Boring asked if Council funds the tunnel following the design process, can the tunnel
then be done in time for the opening of the 1998 school yeaz.
Mr. Kindra responded that it can be done in that timeframe.
There will be a second reading and public hearing at the October 20 Council meeting.
Ordinance 133-97 - An Ordinance Authorizing the Issuance of $4,760,000 City of
Dublin, Ohio Industrial Development Revenue Refunding Bonds, Series 1997 (Dublin
Geriatric Care Company Limited Partnership Project); Providing for the Pledge of
Revenues for the Payment of Such Bonds; Authorizing a Loan Agreement and Trust
Indenture Appropriate for the Protection and Disposition of Such Revenues and to
~rther Secure Such Bonds; and Authorizing a Bond Purchase Agreement, a Private
Placement Memorandum, a DTC Letter Agreement, an Escrow Agreement and
Certain Other Documents and Actions in Connection with the Issuance of Such Bonds;
and Declaring an Emergency.
Mayor Kranstuber introduced the ordinance.
Ms. Grigsby explained that this ordinance involves refunding of an industrial development
revenue bond that was originally issued in 1987. A representative of the Dublin Geriatric
Care Company is present this evening for questions. The City's bond counsel, Greg Stype,
is also reviewing the documents and related information. Staff is requesting that this be
held over for public hearing on October 20 and for emergency adoption at that time.
Mrs. Stillwell asked if there is any reason that the City would choose not to authorize this.
Ms. Grigsby stated that after the bond counsel's review, more information will be given to
Council. Staff will include the information from this review in the next packet.
Ordinance 13497 - An Ordinance Authorizing a New Position (Commercial Plans
Examiner/Architectural Project Manager) and Amending Section 2 of Ordinance No.
98-96 ("Compensation Plan°).
Mayor Kranstuber introduced the ordinance.
Mr. Hazding stated that on page 2 of the cover memo under cost effectiveness, the initial
figure provided was $30,000 to $35,000 in terms of annual expenditures for commercial
plan review. He has received updated information which indicates that the City actually
will spend approximately $100,000 during 1997 for those services.
Mr. Reiner asked if those services aze provided by one individual or by a number of
people.
Mr. Helwig stated that due to some dissatisfaction with the quality level of review services
and timeframes, staff has determined that an in-house person can perform this job more
effectively. The salary range will be $40,000 to $45,000.
Mr. McCash asked if the $100,000 is primarily for plan review services.
Mr. Lenz responded that these fees are solely for commercial plan review services.
Mrs. Stillwell noted that additional positions aze ordinarily considered within the budget
process, and asked for additional clarification.
Mr. Helwig responded that the need is immediate for this position and staff recommends
that Council give consideration to creation of this position prior to the budget process.
There will be a second reading and public hearing at the October 20 Council meeting.
Ordinance 135-97 - An Ordinance Authorizing the City Manager to Execute a Letter
of Intent with the Hunt Sports Group for the Proposed Expansion of Cosgray Park
and Stadium Project.
Mayor Kranstuber introduced the ordinance and commented briefly on the process which
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Minutes of Dublin City Council Meeting Page 5 Meeting
A B NK CO. FORM NO. 10148
~ ~ Held October 6, 1997 19
will include an introduction tonight and a public hearing and vote at a special meeting on
October 13. Council also hosted a preliminary public hearing on September 29 at the
Soccer First facility to give public input to Council regarding the project prior to the
introduction of the ordinance.
Mr. Helwig briefly outlined the City's obligations under the proposed Letter of Intent with
the Hunt Sports Group.
1. Council gave staff direction in June to proceed to the next step to explore the
feasibility of hosting and developing a soccer specific stadium in the Dublin
community.
2. Lamar Hunt of Hunt Sports Group has signed a letter of intent which has been
widely distributed indicating his desire to locate the facility in Dublin. He wants to
bring this 50-year vision and first rate facility to Dublin.
3. The site consists of 180 acres and is adjacent to Cosgray Park, and currently lies
outside the City boundaries in Washington Township.
4. The lette_
r of intent was developed jointly by bond counsel, City staff, Mr. Hunt and
Carlile, Patchen and Murphy representatives.
5. In terms of structure, the facility on City owned land would be privately owned,
designed, constructed, debt service guaranteed by that private entity, and operated
and managed by the private entity who would be responsible for operating costs.
6. The City's responsibility would be to acquire the land, and this would be done under
Ohio law for the public purpose of expanding the parkland.
7. The City would further be responsible under a mutual yet to be agreed upon
timetable for investing in roadway improvements to the site. The estimated cost of
the improvements by the City Engineer and consultant Barton Ashman is
approximately $10 million. The improvements would be desirable over time, with
or without this development.
8. The Police division is confident that the traffic generated from the stadium by the
estimated 20,000 in attendance can be handled without any improvements.
9. The improvements would be funded under a tax increment financing agreement yet
to be negotiated with the school system. A policy decision would be needed to
determine how much of the improvement would be funded up front and over what
time period the reimbursement for the improvements would be made.
10. The City would be responsible for traffic control and for public safety issues
associated with a maximum of 20 Columbus Crew soccer events per year. Under
the proposal, the City would also be responsible for paying for the overhead amount
for the facility for community events, estimated at $12,500 per event.
11. The City would also extend water and sewer to the site at a cost of approximately
$650,000. The City's enterprise funds could handle these costs.
12. The timetable calls for excavation for the stadium bowl in March of 1998 in order to
open for play on April 1, 1999.
Mr. Smith outlined the chronology for the proposal. He noted that if Council authorizes
execution of the Letter of Intent following the public hearing on October 13, staff will make
some minor adjustments to the letter based on some issues which have been discussed to
date. After that, work will begin on the ground lease dealing with public event usage,
concert issues, parking, etc. At the same time, staff will be working on the operations
agreements for the facility. Negotiations will be ongoing with the property owners of the
land, and hopefully, the land can be acquired through negotiations. In addition, bond
counsel will work with the Stadium Development Corporation and the investment bankers
will review the security aspects of the proposal. The Planning and Zoning Commission
process will review the proposal as a joint application with the City as the owner of the
property and Hunt Sports Group as the builder. There will be a number of Council actions
required during this process.
Mr. Hansley added that in order to begin the Planning and Zoning process, the land must
be annexed to the City. There is a special provision of state code available for property in
the municipality's name to be annexed to the City.
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A B NK CO. FORM NO. 10148
Held October 6, 1997 19
I~
Mayor Kranstuber suggested that Council members provide staff with any specific issues
~ contained in the Letter of Intent so that staff can respond to them at the next meeting.
Mr. Campbell commented that:
1. Council has promised the public that there will be a full hearing of all of the issues,
and this will take place over the coming weeks.
2. He is in favor of the proposal, and staff has assembled an innovative package for
Council's consideration. There are a number of stages to go through before this
project is approved.
3. Stormwater issues need to be addressed and planned for with the project.
4. The City should work with surrounding jurisdictions to ensure that the area outside
of Dublin and near this site are controlled to the extent possible.
5. Traffic considerations and availability of bikepaths will be reviewed.
6. The timetable is a big issue of concern for many people, and it is important to devise
a timetable for the implementation of traffic improvements to lessen the impact.
7. The tax increment financing arrangement needs to be fully explained to the public.
8. The lease terms should be addressed in the Letter of Intent as it will serve as the
outline for the lease terms.
9. Alcohol use should be addressed -which events will have alcohol and which will
not.
10. What type of alternative events will be included and how will they be controlled?
11. Noise control should be addressed in the lease, even though the design will lessen
this impact.
12. In terms of the financial impact, staff has reduced the risk in this proposal by
shifting it to the developer. However, the residents want assurance that other items
will not be shifted on the adopted CIP plan in order to accommodate this project and
its up-front costs.
13. A future Council may determine that an entertainment or ticket tax is desirable in
order to increase cash flow from the facility. This should be left open for a future
Council to decide.
14. What does this do for the quality of life in Central Ohio in general, Columbus area
specifically, and very specifically in Dublin?
He closed by commenting that the time to negotiate all of these terms is upfront prior to
signing of the agreements.
Mayor Kranstuber stated that Mr. Campbell has done an excellent job of summarizing the
issues raised at the public discussion.
Mr. Reiner noted that the letter of intent include some type of control over the type of
concerts that come to the community. The positive benefit from this project would be that
it would force the City to plan for the next freeway exit. He asked if the items contained in
the memo dated October 6 from the Hunt Sports Group are applicable to this project.
Mr. Helwig responded that the document was received late today and has not been reviewed
by staff. The memo responded to a discussion with Mr. Labinsky regarding quality issues
and the definition of first class and how it relates to the size of the budget.
Mr. Reiner added that he wants to ensure that there will be no variances or waivers from
the Dublin Code for this project.
Mr. Hansley noted that there may be some obvious variances for which the applicant would
qualify -perhaps for parking or other such items. The intent is not to request any hardship
waivers.
Mr. Reiner added that he would like the gravel surfaces in the parking areas to be reviewed
in the future.
Ms. Hide Pittaluga stated that she has investigated stadium construction in other parts of the
country. She has spoken with many experts and has collected some news articles related to
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Minutes of Dublin City Council Meeting Page 7 Meeting
A B NK CO. FORM NO. 10148
Held October 6, 1997 19
some considerations for Council during this process. She asked that the Clerk copy these
and distribute them to Council. Several of her concerns are as follows:
1. The project has a budget of $800 per seat, and this seems quite low in comparison to
college or municipal stadium costs from around the country.
2. The Letter of Intent is not a commitment, it is not a contract; it is merely an action
i of Council to take this to the next step and begin the negotiations.
3. General issues are serving of alcohol, concessions on taxes for the facility, parking,
naming rights, usage rights, covenants for the Crew to remain, notice requirements,
restrictions, contingent liabilities, what types of events will be allowed, the
amenities of the project itself and assurance that the City's vision and the applicant's
vision are in line.
4. She requests that Council amend the Letter of Intent to include a provision that
Council bring in experts to assist in the next phase of negotiation in view of the
special circumstances and the significant investment of $13 to $14 million.
5. Her motion will be that the City contract with professionals from states other than
Ohio with stadium development experience and expertise, including stadium
preconstruction, architectural design, stadium management, legal affairs and
finance. In her view, this is a prerequisite before she will vote to move forward
with the proposal.
Mrs. Boring noted that Mr. Campbell had summarized most of her concerns. She added
the following:
1. Staff should re-examine the City's use of the stadium in terms of costs for use and
for parking.
2. Her viewpoint is that the $10 million for the road improvements is essentially being
funded by Mr. Hunt as the increase in real estate taxes will be captured for this
purpose with the tax increment financing tool.
3. She does not agree with the comparison of the costs of construction of an
underground facility versus an above ground facility.
4. She is comfortable with Mr. Stype's firm's background in stadium projects.
Mrs. Stillwell stated:
1. Thanks to Mr. Campbell for summarizing the list of items for consideration. Her
sense is that these are items to be worked upon, not necessarily to be completely
resolved prior to Council's action on the Letter of Intent.
Mr. Campbell agreed that he is not suggesting that all of these be addressed within the letter
of intent, but that there be flexibility within the document so that they can be addressed in
the process.
2. She is excited about this proposal and hopes to have the support of the community
throughout the process.
3. Dublin can build on other communities' experiences, and she appreciates the
information Ms. Hide Pittaluga has shared. She does believe that the City has a fine
staff who have the sense to know when outside expertise is needed. She is confident
that they will retain the experts as needed during the process.
4. She appreciates the idea of a 50-year vision. This is an opportunity where the City
can demonstrate regional leadership. It will improve the quality of life for Dublin
and for the entire region.
Mr. McCash stated the following:
1. He would appreciate Mr. Smith's response on the legal responsibilities of the City
regarding a letter of intent and the obligations included therein.
2. He has concerns with the composition of the Stadium Development Corporation and
with the Hunt Sports Group having a designee serve on the Board.
3. In terms of the future expansion and financing of the stadium by mutual agreement,
what is the intent behind the language as far as the City's obligation for future
financing?
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4. Is a 60,000 seat stadium really desirable in this location?
~ ~ 5. Is this being rezoned as a Planned Commerce District or as a straight exceptional use
district?
6. He has concerns about noise, use, number of concerts, number of conventions, who
are the users. Can this be addressed as part of the zoning text and not the leasing
agreement?
7. What will happen if major soccer folds -what is the use then of this stadium? Will
it change to non-soccer specific, and can this be addressed in the lease?
8. He has concerns about the city's use of the facility and minimum number of leasing
events, and the costs for the City.
9. In terms of the 72 hour provision for separation of soccer events and City events,
this would seem to preclude a Fourth of July soccer tournament.
10. There are long-term maintenance costs 25 years into the future for which the City
will be responsible.
11. Who is responsible if a natural disaster occurs?
12. Additional financial information is needed regarding payback of TIF funds, amount
of revenues, and long-term costs for the facility.
Mayor Kranstuber noted that Mr. Campbell summarized the issues very well.
1. His only caveat to staff is that the already planned road improvements for the City
are not interrupted by this project, especially the Avery Road interchange
improvements.
2. He does believe this is a good opportunity to pay for road improvements which
would be needed anyway by means of a tax increment financing arrangement.
3. He asked if the Jonathan Alder School district has reviewed the proposal.
Ms. Grigsby responded that preliminary discussions were held with Jonathan Alder, but no
` formal discussions have been held prior to Council's approval of the proposal.
4. A petition with 800 signatures was given to Council tonight in support of the soccer
specific stadium.
5. He summarized that he has heard much support for the project as well as the issues
which need to be addressed. Staff will try to incorporate some of the issues raised
by Council tonight, and there will be opportunities for public input at the special
meeting on October 13.
Mr. Hansley stated that staff will discuss the proposal with Mr. Hunt following tonight's
meeting and hopes to have general agreement regarding many of the issues. Staff believes
that most of the concept has been outlined, and the details will be contained in the
agreements to follow.
There will be a Special Meeting of Council on Monday, October 13 at 7 p.m. for the
purpose of a public hearing and second reading on the ordinance.
At this point (9 p.m.), Council took a brief recess.
The meeting was reconvened at 9:10 p. m.
Introduction & Public Hear' g - Resolutinnc
Resolution 34-97 - A Resolution Designating the City Manager to Act as the City's
Official Representative and Authorizing the City to File Multiple Applications and
Enter into Agreements with the Ohio Public Works Commission for the Purpose of
Acquiring Grant Funds through the State Capital Improvement Program/Local
Transportation Improvement Program.
Mayor Kranstuber introduced the resolution.
Mr. Hansley stated that this resolution authorizes the City to seek outside funding for the
Scioto Bridge crossing with Emerald Parkway.
Mr. Kindra added that the project is currently under design, and the design will be
completed in the first quarter of 1998.
Mrs. Stillwell moved approval of the resolution.
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AL B NK C FORM NO. 10148
Held October 6, 1997 19
Mayor Kranstuber seconded the motion.
Vote on the motion - Ms. Hide Pittaluga, yes; Mrs. Boring, yes; Mr. McCash, yes; Mr.
Campbell, yes; Mr. Reiner, yes; Mayor Kranstuber, yes; Mrs. Stillwell, yes.
Mayor Kranstuber introduced Resolutions No. 38-97 through 44-97, waived the reading of
the resolutions, and asked that the clerk read the names of the property owners involved.
Resolution 38-97 - A Resolution to Appropriate a 0.0224 Acre Permanent Service Road
Easement, a 0.0590 Acre Temporary Construction Easement and a 0.0057 Acre
Permanent Slope Easement in Property Owned by FJ&S Investments, Located on the
South Side of Post Road, in the City of Dublin, County of Franklin, State of Ohio.
Resolution 39-97 - A Resolution to Appropriate a 0.0973 Acre Temporary
Construction Easement in Property Owned by Host Restaurants, Inc. Located on the
South Side of Post Road, in the City of Dublin, County of Franklin, State of Ohio.
Resolution 40-97 - A Resolution to Appropriate a 0.1179 Acre Permanent Slope and
Storm Drainage Easement and a 0.1213 Acre Temporary Construction Easement in
Property Owned by Patrick Kelly Marsh, Located on the North Side of Post Road, in
the City of Dublin, County of Franklin, State of Ohio.
Resolution 41-97 - A Resolution to Appropriate a 0.0816 Acre Permanent Service Road
Easement and a 0.0227 Acre Permanent Slope Easement in Property Owned by
Continental Real Estate Companies, Located on the South Side of Post Road, in the
City of Dublin, County of Franklin, State of Ohio.
Resolution 42-97 - A Resolution to Appropriate a 0.0501 Acre Permanent Storm
Drainage Easement and a 0.1254 Acre Temporary Construction Easement in Property
Owned by Willow Grove Condominium Association Phase 3A, Located on the North
Side of Post Road, in the City of Dublin, County of Franklin, State of Ohio.
Resolution 43-97 - A Resolution to Appropriate a 0.0138 Acre Permanent Slope and
Storm Drainage Easement, a 0.1654 Acre Temporary Construction Easement and a
0.2780 Acre Ingress and Egress Easement in Property Owned by OCLC Online
Computer Library Center, Inc., Located on the North Side of Post Road, in the City
of Dublin, County of Franklin, State of Ohio.
Resolution 44-97 - A Resolution to Appropriate a 0.0715 Acre Temporary
Construction Easement in Property Owned By Rea Real Estate, II Located on the
South Side of Post Road, in the City of Dublin, County of Franklin, State of Ohio.
Mr. Banchefsky stated that these resolutions are to acquire the necessary permanent and
temporary easements to widen the Post Road bridge. ODOT is requiring that the City
obtain the easements at this time although the bridge will likely not be built for some time.
The resolutions of intent to appropriate is the first step in the process, and negotiations with
the property owners will be ongoing to acquire the land outside of the court system.
Mrs. Boring stated that she would like assurance that the trees and the scenery will not be
impacted excessively.
Mr. Banchefsky responded that the bulk of the widening will be on the south side of Post
Road.
Mr. Kindra assured Mrs. Boring that all of these easements are absolutely necessary for the
project which involves widening atwo-lane bridge to a five-lane bridge, but that
consideration will be given to the aesthetics and landscaping in the process. There is an
allowance in the budget for landscaping after construction of the bridge.
Mrs. Stillwell asked that the property owners be notified prior to the legal serving of the
notices by certified mail.
Mr. Banchefsky noted that letters were already sent to the property owners informing them
of this pending process.
Mayor Kranstuber moved approval of Resolutions 38-97 through 44-97.
Mr. Reiner seconded the motion.
Vote on the motion -Mrs. Boring, yes; Mr. Campbell, yes; Ms. Hide Pittaluga, yes; Mr.
Reiner, yes; Mrs. Stillwell, yes; Mayor Kranstuber, yes; Mr. McCash, yes.
RECORD OF PROCEEDINGS
Minutes of D ,hlin i y C'o m it M ing Page 10 Meeting
A NK CO. FORM NO. 10148
~ Held October 6, 1997
19
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Preliminary Plat -Sandy Corners (Applicant: Dominion Homes, c/o Rob Meyer, Borror
Corporation, 5501 Frantz Road, Dublin, OH)
Ms. Clarke stated that a revised plat and additional memo were distributed to City Council
in response to the concerns of Council. The revised plat submitted by the developer has
incorporated the plans for the future Avery Road widening. This plan incorporates the
maximum amount of right-of--way needed, provides area for buffering, rear yards and
appropriate siting of houses backing up to Avery Road.
Rob Meyer, Dominion Homes indicated that the project engineer is present tonight as well
as Chris Cline, the attorney representing the original owner of the development.
Mr. Campbell asked if the revised plan allows sufficient space between the buildings and
the roadway.
Mr. Meyer showed visuals demonstrating the original setbacks and the proposed setbacks to
accommodate the widening. He noted that they plan to have no fences in the development,
and this will allow extension of the setback without compromising the use of the rear yard.
There is still room for a deck treatment in the rear yard. The 70 foot setback includes the
landscaping, buffering, and the sidewalk/bikepath.
Mr. Reiner noted that the winter king hawthorns planned for along the roadway are not
appropriate for that location. He suggested that snowdrift crab trees be installed instead.
He asked if the homeowners association will maintain the mounds.
Mr. Meyer responded that the homeowners association will maintain the common areas.
A He further stated that the hawthorns will be eliminated and snowdrift crab trees will be
substituted.
Mr. McCash asked for confirmation that the Avery drive entry will be eliminated at some
future date. Will the same fencing and landscaping be extended along that area as well?
Mr. Meyer confirmed that the Avery drive entry will be eliminated at some future point,
and the planting detail for that segment will be presented with the final plat.
Mrs. Stillwell noted that she has concerns about the Pirthshire street name and its similarity
to another street name in Dublin. She asked that the applicant check on this.
Mayor Kranstuber asked if the houses facing Avery Road will have adequate room for
decks.
Mr. Meyer responded that the decks will fit within the space.
Mr. Reiner suggested that the applicant try to develop some of the elevations with
architecturally interesting features, i. e. , dormers, windows, etc. and not just stucco.
Mr. McCash noted that he has concerns with the long-term durability of the white vinyl
fencing included on the plan.
Mr. Reiner noted that the eastern pines on the plan along the right-of--way will likely not
survive due to the salt spray from the roadway. Planning Commission requested several
years ago that Colorado blue spruce be used instead of eastern pines in these locations.
Mr. Meyer agreed to do this.
Mr. Reiner stated that the screening will not be effective with the spacing and the size of
the evergreens shown on the plan.
Mr. Meyer responded that the landscape plan was a carryover from the previous
preliminary plat approved by Planning Commission. They will work with staff on these
issues.
Mayor Kranstuber moved to approve the preliminary plat of Sandy Corners subject to the
RECORD OF PROCEEDINGS
Minutes of Meeting
OAYf N E AL BLANK CO. FORM NO. 10148
jl
Held October 6, 1997 19
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12 conditions of Planning & Zoning of February 10, 1994, plus the additional condition
~i that the landscaping plan will be subject to the approval of the City's arborist and that the
eastern white pines will be changed to Colorado blue spruce.
Mr. Campbell seconded the motion.
Vote on the motion -Mrs. Stillwell, yes; Mr. Campbell, yes; Mayor Kranstuber, yes; Mr.
4 McCash, yes; Mrs. Boring, yes; Mr. Reiner, yes; Ms. Hide Pittaluga, yes.
Preliminary Plat -Kenna 1 Ridge (Applicant: Anna and Oddo Galli, 6470 Post Road, Apt.
223, Dublin, OH 43017 and M/I Homes, Inc., c/o Bill Westbrook, 41 S. High Street,
Columbus, OH 43215, represented by Jackson B. Reynolds III, Smith and Hale, 37 W.
Broad Street, Columbus, OH 43215)
Ms. Clarke stated that this application at the time of rezoning was known as the Galli tract.
It is located on the west side of Avery Road, immediately south of the Dan Sherri
subdivision. The site is zoned Planned Low Density Residential, and the rezoning
permitted a single family neighborhood of 104 lots with parkland. Planning and Zoning
Commission recommended approval on August 7, 1997 with 14 conditions. She noted that
the main entry drive will be on the south end of the site and will be built as a boulevarded
street. The parkland is located at the southeast and northwest corners, and three lots will
abut the Dublin Service complex at the northwest end of the site. The developer has
submitted a letter stating that he will augment landscaping and mounding along the Service
complex if the City feels this is appropriate. This is an M/I Schottenstein proposal. They
have identified areas for developability of lots. There was a minor discrepancy on the park
acreage and that has been resolved. The detention pond out front along Avery Road is to be
wet.
Staff recommends that Council reference the Planning Commission action of August 7,
1997 in their motion.
Ms. Hide Pittaluga stated that this development demonstrates no creativity in the design,
layout or structure. Council needs to in some way encourage developers to look at different
ways to approach residential development. She will vote against this for these reasons.
Ms. Clarke responded that the developer has responded to staff's request to create a
subdivision with more character and design appeal. The boulevarded entryway will add to
the design appeal, as well as the inclusion of a mini-green and open spaces. Within the
parameters at the time of the zoning, the developer's submittal complies in all aspects. She
added that perhaps a design review committee could serve to enhance the community's
desire for aesthetics.
Mrs. Stillwell noted that Council needs to have some further discussion about the type of
direction to be given to the Planning Commission on these issues.
Mrs. Stillwell stated that Council had previously requested that staff review the access along
Avery Road and to consider the request by Dan Sherri residents for cul-de-sacing.
Ms. Clarke responded that the City retained Barton Ashman to look at access along Avery
Road, and input was received from the Dan Sherri residents both at the time of zoning and
the preliminary plat stage. The Dan Sherri residents would like a separation between the
commercial uses near Avery Road and the residential subdivision. They requested that
following the opening of Dan Sherri onto the new street in Kendall Ridge, that a
hammerhead or other disconnect between their residential properties and Avery Road take
place. Staff looked at access for commercial parcels to the north, and there is an
opportunity to put in a private service driveway for those. She added that the developer and
Planning Commission felt that if the City chooses to disconnect Dan Shem from Avery
Road, it should be done as a separate action. It is not something made necessary by the
development of additional single family homes, but rather by the increasing amount of
commercial development along Avery Road. Condition #14 sets the parameters for the
maximum developer contribution to this action and includes a deadline.
RECORD OF PROCEEDINGS
Minutes of Meetin
VT E A BLANK CO. FORM NO. 10148
~ Held October 6, 1997 19
I
Jack Revnolds, Smith & H 1P stated that he represents the applicant. They have agreed to
meet the 14 conditions appended by Planning Commission. In terms of the layout of the
plat, they worked closely with and at the direction of City staff who encouraged aneo-
a. ^ traditional layout as appropriate for this area. In fact, they redrew the plat from the original
submission based on this input from staff. They are not please that Council would now
consider disapproval.
Mr. Campbell stated that his recollection of the general discussion during the concept and
rezoning stage was that the neo-traditional layout would work in this area from the
standpoint of economics, and that unique and different styles of homes should be
incorporated into the design. He asked the applicant to comment on how they have
addressed the special nature of the homes with the characteristics of design.
Mr. Reynolds stated that the plans for the houses were submitted as part of the planning
process and were submitted to Council as well. M/I has done several of these types of
developments - in areas such as New Albany. There is a nice boulevard into the
development, a pond, and park areas.
Mr. Reiner noted that the sign detail shows a common block wall entry feature. He asked
for confirmation that the entry wall will be faced with stone on two sides.
Ms. Clarke stated that this has been noted, and the developer has submitted a letter
indicating this error and the correction.
Mr. Reiner noted that the Turkish filbert shade tree should be changed to a skyline locust.
He added that he will vote "no" on this because of a commitment from the Smith & Hale
' firm in the mid 1980's not to bring another 60-foot lot project into the City. He is upset
with the high density development proposed for this quadrant of the City.
Mr. McCash stated that he is not fully satisfied with the architecture. The typical standard
suburban home is now being categorized as neo-traditional grid subdivision development.
The developers need to design homes that fit the neo-traditional development grid. Council
needs to have further discussion regarding the type and classification of streets that go
through neighborhoods and setbacks. The collector streets should have larger setbacks to
mitigate the traffic impact on the homes.
Mrs. Boring stated that she joined staff on a field trip to Hempstead Village to view the
neo-traditional design. The consensus of the group was not favorable toward the design in
Hempstead Village. Regarding the density, it was her belief that the Southwest Area Plan
specified this density.
Ms. Clarke responded that the density generally conforms to the Southwest Area Plan. It is
actually a density closer to 3 versus the 2.78 specified in the Plan.
Mayor Kranstuber stated that his concern with the design is that only some elements of
good neo-traditional design are included in this development. The density appears much
higher due to the three large park reserves.
Ms. Clarke stated that this site is only 37 acres and did not lend itself to two kinds of
~ housing which would have lowered the density. They also were not able to work with the
adjacent property owner to create a larger plan.
Mr. Campbell stated that, based upon all of the comments, the applicant may wish to
request that this item be tabled to work on the issues.
Mr. Reynolds agreed.
Mr. Reiner noted for the record that the concerns are not just density, but traffic, quality of
life, elevations, setbacks, etc.
RECORD OF PROCEEDINGS
Minutes of Meeting
DAYTON LE AL BLANK CO. FORM NO. 10148
Held October 6, 1997 19
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Mayor Kranstuber moved to table the plat indefinitely.
Ms. Hide Pittaluga seconded the motion.
Vote on the motion - Ms. Hide Pittaluga, yes; Mrs. Boring, yes; Mayor ICranstuber, yes;
Mrs. Stillwell, yes; Mr. McCash, yes; Mr. Campbell, yes; Mr. Reiner, yes.
Council Round Table/Committee Reports
Mr. Reiner commented on the passing last week of former Mayor Catherin Headlee. Under
her leadership, many of Dublin laws were implemented that are the foundation of the
community. She was a great woman with a wonderful sense of justice in her role as
presider of Mayor's Court. She will be greatly missed.
Mr. Campbell stated:
1. The Finance Committee will meet on Wednesday night at 7 p. m. for the bed tax
review. All Council members are welcome to attend.
2. As his Council term will expire at the end of the year, he has sent letters of
resignation to the Board of Directors of the Central Ohio Municipal Council, the
Public Safety and Crime Prevention Committee of the National League of Cities
(effective December 31), and the Advisory Council for the Central Ohio Transit
Authority. Mr. Adamek has indicated interest in serving on the Council for COTA,
and COTA has indicated that is acceptable. He has forwarded the meeting
information for COTA to Mr. Adamek, and copied the resignation letters to
Council.
3. The Finance Committee discussed the request of the Dublin Arts Council for a
commitment of a consistent level of funding.
Mr. Campbell moved acceptance of the Finance Committee's recommendation to provide
for a level funding of 25 percent of the bed tax revenues for the Dublin Arts Council. If
accepted by Council, he would in addition move to direct staff to draft appropriate
legislation to bring before Council for formal action.
Mr. Reiner seconded the motion.
Mrs. Boring stated that she would like the motion to be amended to include the three
provisions discussed at Finance Committee: 1) that an annual report be provided to the
City; 2) that the Dublin Arts Council continue to maintain the current Art in Public Places
schedule; and 3) that a Council appointee serve on the Board of the Arts Council.
Mr. Campbell and Mr. Reiner accepted the amendment.
Mr. Hansley asked for clarification for budget purposes of whether Council envisions that
the 25 percent would be permanent or for some portion of time.
Mr. Campbell responded that the Committee discussed this aspect, noting that the current
Council cannot bind future Councils. It would serve as a guideline in terms of funding; it
would not be a statutory obligation as the Convention and Visitors Bureau funding. It
would be a long-term plan to be followed, subject to future Council's changing that policy
direction. Further discussion can take place during the legislative process, if the motion
carries this evening.
Mr. Hansley noted that staff's concern would be that, based on growth projections for the
hotel/motel tax revenues, the 25 percent figure could grow tremendously. Secondly, to
make that commitment in the 1998 budget year, the funding for the Community Relations
division may have to be moved to the general funds. He suggested that the provision be 25
percent up to a certain level, and then be re-evaluated by Council.
Mr. Campbell stated that discussion took place regarding the impact of the 25 percent level.
The percentage is not unlike the funding level for past years. The Committee vote was
supportive of the 25 percent number, but this issue can be finalized with the legislative
action of Council.
Mayor Kranstuber added that the issue is committing 25 percent of an undetermined number
- it could become arbitrary. The decision needs to made on the basis of knowing the
numbers and the impact of the change. It is a budget concern, not a question of arts
support.
RECORD OF PROCEEDINGS
Minutes of ni.~l~lin rit~r euncil~4eet~~~* Page Meeting
OAY7 A B NK CO. FORM NO. 10148
Held October 6, 1997 19
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Mrs. Boring noted that this concept has worked in other cities, and is a proven way to grow
the arts programming in the city and improve the quality of life in the community.
Mr. Reiner commented that the focus will be on how the money is utilized -projects or for
a programming.
Mrs. Stillwell asked if the monies would be designated for projects rather than for operating
funds.
Mr. Campbell stated that the goal was to maintain the art in public places projects and to
have a more level amount of funding. The oversight would be done by a Council appointee
serving on the Board.
Mrs. Stillwell stated that Council may wish to consider a cap after a certain period of time.
The legislation will enable the Arts Council to pursue opportunities for matching grants,
etc.
Mr. Campbell asked that the motion be sustained. During the legislation process, further
discussion can take place about having a cap or a floor on the funding.
Yote on the motion - Mr. Reiner, yes; Mrs. Boring, yes; Mr. McCash, yes; Mrs.
Stillwell,yes; Mr. Campbell, yes; Mayor Kranstuber, yes; Ms. Hide Pittaluga, yes.
Mayor Kranstuber requested that a financial summary be provided for hotel/motel taxes
over the past couple of years and how this may impact the budget.
Mr. Hansley noted that staff may draft the ordinance with some blanks until more policy
direction is given. Staff will provide a couple of different options in the draft.
Mr. McCash commented:
1. He enjoyed the Columbus Dispatch article on October 1 regarding the Recreation
Center and the cities who are now investigating having their own centers.
2. He asked for an update from staff on the issue of benzene in the water wells on
Marion Street.
Mr. Kindra stated that they do not know the source at this time. A letter has been
distributed by the Board of Health regarding this matter. He is aware of only three that
have this problem.
Brief discussion followed about the involvement of the City in this matter.
Mr. McCash suggested that until all of the information is known, it would be premature to
make any policy decisions.
Mrs asked if the Emerald Parkway street lights are operative at this time. The
graffiti problems would likely be reduced with lighting.
Mr. Kindra responded that the lights do not have power at this time, but this is scheduled
soon by AEP.
Mrs. Stillwell reported:
1. She is meeting with Mr. Hansley on Friday regarding his employment contract, and
a draft will be sent to Council for review.
2. She is working with the Law Department on a set of standard rules for boards and
commissions. The individual groups could add items specific to their work.
3. Happy Birthday to Cathy!
4. She appreciates the nice comments made by Mr. Reiner about Catherin Headlee.
She was a good role model and her death is a great loss for the Dublin community.
Ms. Hide Pittalu~a reported:
1. She attended a crime control advocates luncheon recently. Dublin is fortunate to
have excellent police enforcement, but it is important to keep the crime issues on the
forefront in view of all of the new development taking place.
2. Thanks to Chris Cline for his letter to Council regarding proposed development.
Mayor Kranstuber reported that he has done a number of ceremonial events recently,
including the Columbus Board of Realtors, the 50th Anniversary of the Italian American
group at Riviera Country Club, the Dublin Scioto High School dedication, and the First
RECORD OF PROCEEDINGS
Minutes of Dublin Cit~Council Meeting PaaP 15 Meeting
A AL B NK CO. FORM NO. 10148
Held October 6, 1997 19
Choice grand opening at Avery Square. At the ribbon cutting, a banner was given to the
City with $250 for a charity contribution, and this will be donated to the Dublin Fund.
The meeting was adjourned at 10:30 p.m.
or -Presiding Officer
Clerk of Council
