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HomeMy WebLinkAbout10/13/1997 RECORD OF PROCEEDINGS Minutes of Meeting YT A BLANK 00. FORM NO. 10149 Held October 13, 1997 19 ~I I Mayor Kranstuber called the Special Meeting of Dublin City Council to order at 7:00 p.m. Mr. Campbell led the Pledge of Allegiance. R 11 all Council members present were: Mayor Kranstuber, Mrs. Stillwell, Mr. Reiner, Mrs. Boring, ~ Mr. Campbell, Ms. Hide Pittaluga and Mr. McCash. Staffmembers present included: Mr. Hansley, Mr. Helwig, special bond counsel Mr. Stype, Mr. Smith, Ms. Grigsby, Ms. Clarke, Mr. Kindra, Mr. McDaniel, Chief Geis, Chief Bostic, Ms. Bearden, Ms. Crandall, Mr. Card, Ms. Puskarcik and Ms. Kennedy. Mayor Kranstuber gave a brief background regarding the soccer stadium proposal -Ordinance 135-97. Before this ordinance was introduced at Council, a public discussion was held at Soccer First attended by several hundred people. Over 80 people testified at that meeting. On October 6, 1997 Dublin City Council introduced Ordinance No. 135-97 and tonight a special meeting is being held for the purpose of a public hearing and vote. He noted that information on the proposal is in the lobby along with a handout prepared by staff. LEGISLATION Second Reading and Public Hearing -Ordinances Ordinance No. 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 called those forward who had registered to testify. Laura Snyder, 7225 Weldon Road, Plain Ci.~ stated she will be directly affected by this stadium. Dublin City Council is asking her to sacrifice quality of life for a team that is only two years old, with an average attendance at games of 16,000. She suggests Mr. Hunt investigate using another facility instead of rushing construction dates. Why should Dublin City Council be rushed into a decision that was turned down by Franklin County voters? There are serious issues at stake, and pressure tactics are being used to rush Council into a premature decision. She challenges Dublin City Council to put this to a vote and show how true democracy works. Grey Norman_ 7253 Weldon Road Plain CitX stated that just as the American government in this nation's early history robbed and victimized the indigenous peoples of this land, so too the City of Dublin is attempting to rob and victimize the individuals and property owners living west of Dublin City limits. As an individual living immediately north of this proposed site, he vehemently opposes such a proposal for the following reasons: 1) quality of life which residents presently enjoy would be severely impacted by congestion and by unwanted urban sprawl; 2) the issue of taking property through eminent domain for a sports facility is ludicrous; 3) as a citizen living outside of Dublin City limits he has no political vote to cast and that is why he is here tonight. In conclusion, this is evidence that history repeats itself -theft and victimization of a people living in a beautiful land. Donald G. Beckman, 4927 Longbenton Way, Dublin has a series of questions. Has a feasibility 4 study been accomplished for this stadium project? How can Dublin consider spending 12 million dollars and not spend the ten or twenty thousand for a feasibility study? The costs . involved with the project for police services alone over 25 years exceed $3 million. On an on- going basis, the stadium will generate $38,000 a year, which is a poor return on a $12 million dollar investment. There are opportunity costs associated with using this land for this type of project. This is a 161 acre prime industrial site. As an example, Ashland Chemical is on less land and they probably generate 10 percent of the City's budget. What are the assets and liabilities of the Hunt Sports Group? Do we have audited financial information? What is the financial condition of the Columbus Crew? Is Mr. Hunt going to personally guarantee this? What is to prevent Mr. Hunt from walking out on the deal? According to the Dispatch, Mr. Hunt has pending litigation against other members of the NHL franchise. Shouldn't this litigation be settled before the City enters into an agreement with Mr. Hunt? RECORD OF PROCEEDINGS Minutes of Special Meeting of Dublin ity Council page ~ Meeting DAYTON LEGAL BLANK CO-. CORM NO. 10148 Held October 13, 1997 19 Mayor Kranstuber asked the Clerk to note on the overhead for further consideration the issue of a financial feasibility study. B ddv Laurent, 7641 7ohntimm Court, Dublin stated that he has walked door to door circulating a petition opposing the building of this stadium. There are two reasons he is r~ opposed: 1) paying for any portion of the cost of building a facility of this nature using public funds that have been collected or will be collected from tax revenue; and 2) the people within the community should be given the opportunity to cast their vote and let the majority decide. The recent SuperAmerica issue was voted on by the public and did not involve public funds nor were the issues anywhere near as complex as the soccer stadium. He challenges the people of the community both for and against this issue to help preserve one of this country's most fundamental constitutional rights. He would like to see this put to a community vote. Marcia Blackburn, 6958 Kile Road, Plain Citv stated she is opposed to the proposed stadium for three reasons: surface water, ground water, and traffic. The 180 acres for the proposed site used to be swamp land and was drained sometime in the 1850's to be farmed. It is good rich soil for farming, however it doesn't drain well. The area floods with the spring rains. Dublin has given assurances that storm sewers and drains will take care of the run off, but Dublin has a record of dumping raw sewage into the Scioto River. This area is over the great Plain City Lake, which means a high water table. The plans call for excavations of 28 feet to build the stadium, and that will require constant pumping. This pumping could draw down the mostly shallow water wells in surrounding Union and Madison counties. There will be traffic problems resulting from the farm equipment which uses the rural roads and the soccer traffic compounded by narrow roads with people in a hurry. The train tracks are another factor which will impact traffic. She would like this matter tabled until the issues are resolved. - Mayor Kranstuber asked that the Clerk note on the overhead for further consideration the issue of underground water and wells/storm water. Chris Cline, 6060 Post Road, Dublin stated that from a Dublin perspective, the concern raised by the stadium proposal is how it fits into the fabric of Dublin life. Every several years since the 1970's, Dublin has changed irrevocably and inevitably and the future will be no different. Today Dublin is home to 22, 000 people and 28,000 full time jobs. Dublin is in the process of becoming a major city in its own right. The impact of the stadium proposal must be looked at in this perspective. Dublin will grow and will change and the stadium alone will not make Dublin something that it is not today. He believes this stadium proposal will be a positive factor, an amenity, and a unifying element for the community. Over the past two weeks he has observed widespread support of Dublin residents for this proposal. Other uses for this acreage could be industrial development which would not meet Dublin standards and which could have major and constant impacts throughout the year. The stadium by contrast sits quietly most of the time, coming alive for brief bursts of activity. Two weeks ago he spoke in favor of the stadium as a soccer supporter and leader who has been active in Dublin soccer for many years. He believes that having the Crew in Dublin will enhance soccer for the benefit of Dublin's children. He also believes this proposal makes sense from a planning and a growth perspective. He urges Council to move forward on the project. Wallace Maurer, 7451 Dublin Road, Dublin asked if Mr. Hunt has offered the City of p Columbus to build a stadium in Columbus. Mr. Hunt is anticipating that Dublin will be urbanized from this site into Columbus. Mr. Hunt is counting on the build-out of Dublin into metropolitan Columbus. He would like to know what is the role of the Stadium Development Corporation. There are three members on it, and who are they? Do they have the power of veto, and to whom are they responsible? The next issue is eminent domain. It is his understanding that a legally constituted territory has the right to take over private property in the public interest, but the "public interest" has to be for a compelling reason. His question is, what is the compelling public interest that the stadium would offer? Cosgray Park would become a parking lot, and what would Dublin's control of the 180 acres then be? This issue has raised a lot of comment because it impinges upon the "quality of life" in Dublin. It is his RECORD OF PROCEEDINGS Minutes of Special MPPting of Dublin i y Council Page 3 Meeting DAYTON LEGAL BLANK CO-. CORM NO. 10148 Held October 13, 1997 19 belief this issue must be put to a public referendum. Mayor Kranstuber asked the Clerk to add to the list of issues the Stadium Development . Corporation membership and the issue of using eminent domain. Ed Fillipous 5787 Leven Links, Dublin stated he agrees with the previous speaker and also with Mr. Laurent. He is a twenty year resident of Muirfield and they moved here because it is a residential area. He sees the TIF tool being used for a basically private venture and does not agree with this. The school taxes have increased, and now with this proposal, monies will be taken from the school and used for the stadium. He doesn't understand the rush and sincerely believes the issue should be put to a vote. Muirfield is a residential area, but too much development will push people to move to New Albany instead of Muirfield. He also does not support using eminent domain for this purpose. Jim Vowell, 3778 Heatherglen, Columbus declined to testify. Bea Fishman, 8577 Turnberrv Court, Dublin stated that her concerns have all been raised. Susie Wolfe, 6747 Weldon Road, Plain City had several questions. What is Dublin offering the Jonathan Alder School District? After the rezoning, will Dublin ask for the redrawing of the school boundaries and take it away from Jonathan Alder like it did Hilliard? How will Cosgray Road be changed to merge with Industrial Parkway, and whose property will that go through, and will land be taken by eminent domain? Will Dublin go after more land in the area across the road in Madison County? Will Dublin proceed to annex land into Union County in order to expand the stadium or parking lot or soccer fields? Is this the only site being considered? Would the Mayor or members of Council like to have this stadium in their backyards? The stadium is only usable 6 months out of the year -what are the plans for the remaining 6 months? Can Council guarantee that the Dublin residents will not pay more taxes due to the expense or the maintenance of the stadium for the next 50 years? Mayor Kranstuber asked the Clerk to put the school district boundary issue on the list of items. Roger Harrington 6780 Weldon Road, Plain CitX stated that he went door to door over the weekend petitioning for signatures opposing the stadium. He talked with about 100 people. Most of the residents were in the Lowell Trace subdivisions and from the other side of Avery Road. Most were opposed to the stadium, and only 8 favored the stadium. His concern is excessive noise from concerts and traffic from the stadium events. People are upset that Dublin City Council would vote on this matter. It should be put on the ballot so that all residents can vote on it. Rollie Cruze, 6323 Vallev Stream Drive, Dublin stated that he opposes the stadium. He disagrees with the signing of the Letter of Intent between the City of Dublin and the Hunt Sports Group. He thinks there has been insufficient time for public comment and that more information is necessary on issues such as traffic, financing, noise, and details of the lease agreement. He applauds the fact that Ms. Hide Pittaluga has had the insight to request some outside expertise to advise this City Council on what would be involved on such an undertaking. He hopes that they will give that serious consideration. He is concerned about the legal ramifications. What if Dublin goes forward with this Letter of Intent, and then decides to reconsider after the fall election? What if a referendum takes place? He reminded Council that there is a lawsuit pending against the Hunt Sports Group. Mr. Hunt's integrity and his involvement in the sports field are insufficient to justify entering into this agreement. The initial public meeting should have been held at a neutral site. He is vehemently opposed to the use of eminent domain in this case. The public deserve a vote on this issue, and that requires more time. Mayor Kranstuber asked the Clerk to add to the list the proposal to hire consultants. RECORD OF PROCEEDINGS Minutes of Cnecial Meting ~fl~uhlin ('i y C'o ~n it p ge 4 Meeting DAYTON LEGAL BLANK CO.. CORM NO. lOt4 Held October 13, 1997 19 Martha Lewbel, 5692 Richgrove Lane, Dublin stated that Mr. Hunt has made a very interesting proposal to the City of Dublin, but she has some very strong reservations. Her first concern can be summed up in one word: "Polaris". She has friends who moved there before the ampitheater was built, and their property has actually devalued. They find themselves now living with traffic, noise, and an occasional riot. Increased traffic in Dublin from this stadium will create a significant hazard, and make the area unsafe for children, bicyclers, and joggers. With tailgate parties, there could be alcohol impaired drivers. She noted that the southwest area of Dublin seems to be the dumping ground for anything that might possibly bring tax dollars into Dublin. They have been saddled with the development of the Thomas Kohler property, with Tuttle Crossing Mall, and now a proposal for anon-essential, frivolous stadium. She does not believe it is morally right to take property by eminent domain from someone who does not want to sell for a commercial, income producing business, not owned by the City. She believes that if this was proposed for land north of 161, it would not even receive consideration. Mr. Smith stated that there have been discussions with the land owners, and eminent domain will be used only as a last resort if the land cannot be acquired through the process of negotiation. Mayor Kranstuber noted that the issues ofnon-athletic events, noise levels, and alcohol are addressed in the addendum to the Letter of Intent. Valerie Burton, 6090 Shier Lane, Amlin stated that she is a 21 year resident of Washington Township. Shier Rings Road will be a main route for moving traffic to and from the stadium. She is in opposition to the building of a stadium adjacent to Cosgray Park. She is not opposed ,r to progress and planned development. What she is opposed to is the sudden, abrupt, and explosive change in the function and fabric of her area that would result from this large v stadium dropped into a local corn field. She has not seen any detailed plans of roadway improvements, only the assurances of the Police Chief about traffic management. She has heard no plan for health and fire emergencies in traffic jams. She is asking Council to be courageous in the face of the money and power rushing them. She asked that Council consider the needs of the community at large. Kelly Gardner, 6480 Forfar Lane, Dublin stated she is a Dublin resident and is here tonight to speak in favor of the proposal. She is a Council representative to the board of the Dublin Convention and Visitors Bureau. There will be many positive financial benefits from the visitors who come to the stadium, and this will have a significant impact for Dublin. The Crew fans come from six different states and from Canada. These people will be spending money in Dublin. The stadium would be an outstanding use for this location. This will be a real win for Dublin to have such a low impact facility that could drive a significant amount of revenue. The exposure that Dublin will receive with the stadium enhances Dublin in the eyes of all potential visitors, and furthers the hospitality and service industries in Dublin. She has another petition of people in favor of the stadium to present tonight. Last week, the Bureau turned in a petition of support with 800 signatures. Dublin residents support the stadium. Douglas R Blackburn, 6958 Kile Road, Plain CitX stated that there is a wildlife area that is part of Cosgray Park which maybe impacted. In respect to the TIF, he understands that the tax abatement period could be up to 10 years and for 75 percent. Mayor Kranstuber stated that question two in tonight's handout addresses the TIF issues. Mayor Kranstuber asked the clerk to add to the list the Jonathan Alder School district tax issue. Mr. Stype responded that a city is allowed to authorize tax increment financing without school district consent of up to 75 percent for ten years. The project continues to pay taxes at all times, the only question is where the proceeds of those tax collections go. That is, do they go to public improvements related to the project, or are they distributed in the ordinary course as other tax dollars. He added that 25% must go back to Jonathan Alder right away unless they consent otherwise. Mr. Blackburn added that the land value was estimated at $16,000 per acre but it could go RECORD OF PROCEEDINGS Minutes of Special Meeting of Dublin Citv Council Page 5 Meeting OAITON LEGAL BLANK CO.. CORM NO. 10148 Held October 13, 1997 19 higher. The price of the land will be an impact to Dublin. Dan Turnwald, 6110 Holiday Lane, Washington Township stated that as a neighbor he realizes that he is not going to stop the City of Dublin from progressing or expanding. He agrees that Council needs to take a step back and look at what is in the best interest for Dublin. Council's _m objective for Dublin should be whether this will really help Dublin to be a nicer place to live? He could support things such as SportsOhio, or soccer fields for kids to play on, but not a pro soccer stadium. He believes in learning from the history of the Polaris amphitheater. Robert Navlor, 6339 Wismer Circle, Dublin stated he is here on behalf of Wyndham Village Homeowners Association. He handed a document to the Clerk containing responses to a questionnaire distributed to the subdivision. Of the 27 responses, 5 were in favor unconditionally, 9 in favor conditionally, and 13 were opposed. He noted that from the number of responses received, it is not possible to draw any statistical conclusion that Wyndham Village is opposed or in favor of the stadium issue. There are a lot of issues which have been raised tonight, and he hopes Council will consider these in their decision making process. David Mathias, 5527 Canlestone Lane, Dublin stated that he has two points that have not been addressed tonight: 1) the City is investing in the Columbus Crew, a two year old sports franchise and more information is needed about the financial situations of all of the teams in the MLS group; and 2) there is a lawsuit currently pending by major league soccer players against major league soccer. The players in major league soccer have sued the league seeking free agency. This could impact the financial situation of the teams. Major league soccer attendance numbers and television ratings have declined in the league's second year. In view of the pending litigation, he urged Council to act carefully. Mayor Kranstuber asked that the issue of the MLS lawsuit be included on the list of items. Ruth Reiss, 7733 Heatherwood Lane, Dublin stated that the issues and concerns raised by Council members at last week's meeting have not been adequately addressed. These issues were stormwater, traffic, noise, alcohol use on the site, and the effects of this project on other city projects. She is surprised that Dublin is even considering the Hunt's Sports Group proposal to have the City spend money on land for the sports group to build on. This constitutes corporate welfare. She called for this to be decided at the polls by the voters. Elizabeth A. Simcox 5611 Wilcox Road Dublin stated she is a new resident to Dublin and a proud Dublin resident. She has lived in cities where Councils have not listened to the residents and she has seen this Council listen in the past. How many Council members were elected on a pro-neighborhood platform? Can they in good conscience now support this proposal knowing the negative burden the southwest neighborhoods of Dublin will be forced to bear? The southwest area already supports more than its share of the tax base that every stadium supporter claims this project would provide. The traffic on I-270 backs up daily. The cut through routes taken by stadium goers will include residential areas. She is pleading with Council not to approve this stadium. Joe Riedel_ Dublin Schools, 7030 Coffman Road, Dublin stated that he represents Dublin _ Schools and they support construction of the stadium. The young people of this community will benefit. Currently, 50 percent of Dublin's elementary students are involved in soccer along with many middle and high school students. The stadium will offer many opportunities for instruction, will be a skilled resource for Dublin's students, and the athletes will serve as role models for student athletics. The land is in the Jonathan Alder school district, and is therefore neither a loss nor a gain for the Dublin City Schools. The schools believe that this stadium would provide a complement to the facilities that already exist in this community for such activities as state playoffs. In summary, he comes before Council to express the Dublin City School's support for this project. RECORD OF PROCEEDINGS Minutes of Meetin DA AL B NK CO. FORM NO. 10148 Held October 13, 1997 19 David Neel, 6076 Shier Lane, Amlin stated he lives less than a mile away from the proposed ~ stadium site. He is here to urge Council to turn down the stadium due to increased traffic, increased water runoff, increased noise, and increase in crime in the area. He does not believe the traffic impacts will be minimal. His main question tonight is has an environmental impact study been done? He urges Council to vote against the proposed stadium. , Mayor Kranstuber asked that environmental impact study be added to the list. Philip A. Craig, 5693 Strathmore Lane, Dublin stated that he is a representative of the Convention and Visitors Bureau here in Ohio, but is not here in that capacity tonight. He is here as a neighbor to support the soccer stadium. The proposal by Mr. Hunt fora $30 million stadium in exchange for a City donation of $3 million in land is worth serious consideration. He noted that the schools are supportive of this proposal and Mr. Cline, a well known zoning attorney, has indicated his support. He urges Council to vote positively on this matter. Many communities would love to have this kind of opportunity. Here in Council Chambers, he sees on a plaque the phrase, "Where Yesterday Meets Tomorrow". He hopes that Council greets tomorrow with a resounding "yes" vote. Rick Lombardi, 5873 Whitecraigs Court, Dublin stated that he has four children, all of whom have gone through the Dublin schools and been involved in DYA soccer. He is here to strongly support the stadium proposal. The soccer experiences have been tremendous ones for his children and for thousands of others. It would be a great addition for the City of Dublin to become known as the focal point for professional soccer. He is the Vice President of Turner Construction Company and is aware of the timing issues involved in this construction. He is concerned about the referendum as it relates to these timing issues, but is convinced this issue would win overwhelmingly in a vote. He would like to see Dublin take advantage of this opportunity. He is urging Council to vote for the stadium, and although he is in a minority speaking this evening, he believes he represents a lot of people who have very positive feelings about the stadium. Cathy Genres, 9989 Warner Road, Plain City stated that she is a resident of Plain City and a contractor. She finds it ironic that a City which scrutinizes and so carefully regulates most contracted projects within its municipality is not following its own ground rules with this stadium. The issues are vague, the studies have not been completed, and there are too many questions. If she were a Dublin resident, she would want an opportunity to vote on such an important issue. She is disappointed that this could move forward tonight with so few concrete guidelines and studies. She is urging the Council to act responsibly and table this proposal until all of the details are complete. Linda Berling, 6922 Roundwood Court, Dublin stated she is opposed to the stadium being built. The Letter of Intent completely undermines any efforts this community has made to keep Dublin the wonderful city it is today. This project will de-value Dublin and all the hard work and effort that Council has made to keep this community as a place where families want to be. With this proposal, many families will want to move from this area or may not want to come to Dublin. Jeanette Harrin on 6780 Weldon Road Plain CitX stated she opposes the stadium. Her concerns are: 1) devaluation of property of the surrounding area; 2) safety of children who live in the area due to the lack of sidewalks and need to use the streets for play; 3) traffic jams caused by the stadium traffic; and 4) quality of life due to the change from a quiet, friendly country atmosphere. Dublin residents currently have the opportunity to have a nice quiet drive in the country right outside the city limits. This will not be the case with a stadium in the area. Kathryn Epp, 63 S Riverview Street, Dublin added some cautionary statements. Her concern is with the advisability of the city owning a soccer stadium in 25 years when major repairs will be needed. She recognizes that this might be considered an amenity, but she prefers the rural character of the community. She would like to caution Council to look at the agreement RECORD OF PROCEEDINGS Minutes of CTnPrial MPPting~ nfT~l~hlin C'iti~ fn„nr;l paQP 7 Meeting a A B NK CO. F RM NO. 10148 ~ Held October 13, 1997 19 - i i thoroughly because of the large investment. She would like Council to maintain control over any agreements made. Lenore Roose, 5830 Houchard Road, Amlin stated that she has a petition signed by 20 residents of Houchard Road who oppose the stadium. This stadium will be in their backyards, and he would like Council members to envision looking out their kitchen windows and seeing a huge concrete wall, bright lights, loud noise, and acres of parking lot. She is concerned about her property value and the impact of the stadium on it. She is concerned about traffic and the safety of children who play in the area. What will happen to the rural character of Houchard Road with this stadium? She believes this soccer stadium would be fine if it were financially sound, and if it were located north of 161. Mr. Hunt has commented about bringing mass transit from downtown Columbus to Dublin. Council members should remember why residents moved to Dublin in the first place. Jack Chaisson, 5645 Whitecraigs Court, Dublin stated that he represents the Dublin Chamber of Commerce. He pointed out the benefits of the tax increment financing arrangement for the Jonathan Alder School District. Currently, the property generates $1,500 of property tax under the agricultural zoning, and 70 percent of this figure goes to the Jonathan Alder Schools. With the stadium, revenues are estimated at $517,000 per year of property taxes which will benefit the schools in some percentage. The Dublin business community supports the stadium for Dublin. The Chamber Board has indicated their support of the proposal. He urges Council to move forward with their approval of the Letter of Intent. Clav Rose, 5177 Ashford Road, Dublin stated that 25 years ago, many citizens were seriously opposed to a proposed development on the northern outskirts of Dublin. Fortunately, the Village Council at that time had the vision to understand such a development would help Dublin to grow in a positive manner despite some inconveniences. Thanks to their foresight and understanding, they voted in favor of building Muirfield Village, and it has turned the course. Nobody can deny that Muirfield has benefitted Dublin and its citizens. He views the building of this stadium as an opportunity for Dublin to make another major step forward. He urged Council to be visionary and vote yes. Craig Sonksen, 5679 Haddington Drive, Dublin registered his support for this opportunity, recognizing this is the signing of the Letter of Intent to be followed by a process where the issues and concerns can be addressed. He has full confidence in Council and in City staffthat those concerns can be addressed. Several people have mentioned Muirfield traffic, but he can testify that the traffic is handled very well by the Dublin Police. He urges Council to use vision, to face the challenges, and to move forward with the Letter of Intent. He would like to see the "can do" attitude which is what has made Dublin what it is today. Mayor Kranstuber announced a 5 minute recess at this point. The meeting was reconvened after the break. Mayor Kranstuber read into the record a letter from City of Columbus Mayor Greg Lashutka, commending Dublin for their efforts to keep the Columbus Crew in Central Ohio. He noted m~ that Columbus is delighted that Dublin has "stepped to the plate" to help provide a home for the team. He thanked Dublin for building aworld-class facility to provide a home for the Crew team. Letters of support were also received from the Convention and Visitors Bureau of Worthington and from the Mid Ohio Select Soccer League who voted to support the proposal. City Council has also received a letter from the Superintendent of the Jonathan Alder School District. He read the letter into the record. The letter indicated that the school district could not send a representative to the meeting due to the Board of Education meeting tonight. They asked that Council consider the impact on the Jonathan Alder district residents in terms of shifting the burden of real property tax to the residential properties within the district. The tax dollars are not City dollars nor are they funds contributed by the Hunt Sports Group. The RECORD OF PROCEEDINGS Minutes of Special M Pt;ng ofD ~blin i y Clounr;l p~g~ Meeting A NK CO. FORM NO. 10148 Held October 13, 1997 - 19 letter indicated that the district has not taken an official position on the stadium issue due in ~ part because they have not been involved in negotiations. They welcome involvement in the negotiations in the hope that the benefits derived from the stadium by the City of Dublin will a also be shared with the Jonathan Alder Schools. The letter was signed by Dr. Douglas Carpenter, Superintendent. Mayor Kranstuber announced that the public hearing is now closed, and Council will now discuss the issue prior to the vote. Ms. Hide Pittaluga asked legal counsel to comment on the binding nature of the terms contained in the Letter of Intent and what it authorizes the City Manager to do. Mr. Smith responded that the letter of intent is an agreement to agree. Council approval will be required at several stages, but the basic concepts contained in the letter of intent will not change. There is a commitment for the parties to act in good faith. Mr. Stype added that any question about interpretation of a written document requires careful examination of the words contained in the document itself. On page 5 of the document, in the third paragraph, there is a fair summary of Mr. Smith's comments. He read this paragraph into the record and emphasized that Council approval is required before the agreements negotiated pursuant to the Letter of Intent will be binding. He added that under Ohio law, to protect the taxpayers, cities are not bound to financial obligations until their financial officer: 1) signs a certificate stating that the City has the funds to support the obligations; and 2) until the money is in hand. The Letter of Intent is best viewed as a basic outline of a transaction; if Council approves its execution, that represents a good faith commitment. However, there are many items in the agreement that are expressly subject to future agreement. Ms. Hide Pittaluga suggested the insertion of a market value clause on page two of the Letter h ~ of Intent in regard to the eminent domain action. Mr. Smith responded that Council will have to appropriate any funds to purchase the land and will therefore have the opportunity for input at that time. Ms. Hide Pittaluga moved to add a sentence to the addendum regarding storm water, that Mr. Hunt acknowledges that the current MORPC guidelines are under review by the City and are subject to change. There was no second. Ms. Hide Pittaluga moved to add a sentence to number 8 relating to first class design criteria. The sentence would read, "The construction budget will be subject to approval and shall not fall below industry stated averages for similar type sports facilities." Mr. McCash seconded the motion, but suggested a modification of eliminating number 8 from the addendum to the Letter of Intent. Mr. Reiner commented this stadium design will be the first in-ground stadium of its kind and will be hard to compare with other stadiums. Ms. Hide Pittaluga stated she has done some research regarding stadium construction but has not had time to do detailed cost comparisons. Mr. Campbell commented that the language of the motion, is somewhat troubling. This is the first soccer specific stadium in the United States and HOK is a first class design firm for stadiums. He has confidence that they will produce a high quality product. Mr. McCash stated that HOK does not control the budget. HOK designs within the budget, and that's an important distinction to make. Mrs. Stillwell commented that the more money spent does not necessarily mean a better product. She is now ready to vote on the motion. Mrs. Boring stated her concern is that the group may be limited in the amount they are willing RECORD OF PROCEEDINGS Minutes of Meeting A NK C FORM NO. 10148 II October 13, 1997 II ~ Held 19 1 i Ito spend, and will then ask for public contribution. She would like to see an addition to the Letter of Intent that no additional public dollars will be spent if the project goes over budget. Mayor Kranstuber commented that Council cannot dictate what will be spent on this project or any project. Regarding the first class amendment, he agrees that the project should be subject to the Planning and Zoning process and all applicable Dublin codes. He asked that the vote be taken. Vote on the motion -Mrs. Stillwell, no; Mayor Kranstuber, no; Mr. Reiner, no; Mrs. Boring, no; Mr. McCash, yes; Mr. Campbell, no; Ms. Hide Pittaluga, yes. The motion failed. Ms. Hide Pittaluga moved an amendment to number eleven that, "In the unlikely event that professional soccer would cease to be the primary tenant in the stadium, the parties would 'ointly seek another tenant(s) to ensure that the facility would always remain primarily an athletic venue." -This would serve as a deterrent to moving the team in the future. There was no second to the motion. Ms. Hide Pittaluga stated that her suggestion to engage consultants to work on the project was not addressed in the addendum. She believes it would be prudent to retain some experts on stadium construction. Discussion followed about the appropriate time for retaining such consultants. Ms. Hide Pittaluga moved to have the City contract with professionals from states other than Ohio with stadium development experience and expertise, including professionals in stadium pre-construction, architectural design, stadium management and legal affairs. Mr. McCash seconded the motion. Vote on the motion - Mr. Reiner, no; Mrs. Boring, yes; Mr. McCash, yes; Mr. Campbell, no; Ms. Hide Pittaluga, yes; Mayor Kranstuber, yes; Mrs. Stillwell, no. The motion carried. Ms. Hide Pittaluga moved an amendment that permanent seat licensing shall be discussed. Mr. McCash seconded the motion. Ms. Hide Pittaluga asked legal counsel to explain to Council what permanent seat licensing involves. Mr. Stype stated that it involves ticket sales of licenses for more than their annual seasonal opportunities. It allows for the opportunity to put further dollars towards actual purchase of the seats. These arrangements have generally been used in the public stadium arena as ways to capture capital dollars to put towards the project because they are sold in advance and thus become part of the budget. Ms. Hide Pittaluga stated she believes this matter should be subject to negotiation and she would like the City to have the opportunity to do that. Vote on the motion -Mrs. Boring, no; Mr. Campbell, yes; Ms. Hide Pittaluga, yes; Mr. McCash, yes; Mr. Reiner, yes; Mayor Kranstuber, no; Mrs. Stillwell, no. The motion carried. Ms. Hide Pittaluga moved an amendment that an expansion contingency shall be discussed. There was no second. Ms. Hide Pittaluga moved an amendment that funding to purchase the land for the stadium is contingent upon a fully executed agreement, a lease agreement and a maintenance agreement. Mr. McCash seconded the motion. Mr. Campbell stated that if the City purchases the land, and the project for any reason does not go forward, the land can still be used to expand Cosgray Park. It could also be sold for RECORD OF PROCEEDINGS Minutes of Meetin A B NK CO. FORM NO. 10148 October 13, 1997 He1cL - ~ 19 (redevelopment if that is the desire of Council at that time. . Smith noted that the City cannot annex the land unless it owns the land. ayor Kranstuber called the question. Vote on the motion -Mrs. Stillwell, no; Mayor Kranstuber, no; Mr. Reiner, no; Mrs. Boring, no; Mr. McCash, yes; Mr. Campbell, no; Ms. Hide Pittaluga, yes. The motion failed. Mr. Reiner moved to delete number 8 regarding "first class" and to amend number 9 after the language, "applicable City of Dublin Codes and regulations shall be complied with" by adding that, "Above ground structures shall be masonry or shall meet the architectural requirements of Planning and Zoning, and stadium seats will be of armchair type." Mr. Campbell seconded the motion. Mr. McCash suggested adding in number 9 "to the satisfaction of Council." This would provide Council an opportunity to review all of the proposals. Mr. Reiner noted that this process of government will be handled at Planning and Zoning. Council will then review it following receipt of their recommendations. Mayor Kranstuber called the question. Vote on the motion -Mrs. Boring, yes; Mr. McCash, yes; Mr. Campbell, yes; Ms. Hide Pittaluga, yes; Mr. Reiner, yes; Mayor Kranstuber, yes; Mrs. Stillwell, yes. The motion carried. Mrs. Boring asked about some of the issues raised by speakers tonight. Is an environmental impact study part of the process? Mr. Smith responded that environmental impact studies are only done when federal funds are being sought for a project. On this project, it would not be applicable. Mrs. Boring asked whether a fiscal feasibility study should be done now or later. Mr. Smith responded that there are several aspects: the financial commitment, the revenues, and the way in which the City intends to use the TIF funds. A financial institution will review the project for viability for construction debt payoff. They will assure the City that the Hunt Sports Group has the financial resources to meet the obligation. Another consideration is the financial impact of this project with respect to the stadium dollars brought into the community. Mr. Stype noted the conditions in the letter stipulate that the final agreement is contingent upon the City being satisfied with the financial strength of the guarantor of any stadium financing. Mr. McCash stated he would like a response regarding the question raised earlier about the City's legal liability and responsibility in signing a Letter of Intent, and what may or may not be considered "good faith." If the City decides during negotiations this is clearly not in the City's best interest, what kind of protection does the City have? Mr. Smith responded that the letter was written in such a way as not to obligate either party forever -the purpose was to provide a framework for the deal. There are provisions in the letter which address this issue. Mr. Stype added that if the City finds a different legal structure in the future that makes more sense, he does not assume that proposing a change will be construed as bad faith. Mr. Hunt is a business man and he accepts and understands the implications for him when new information is brought forward. This Letter of Intent involves going forth and discovering those details, and continuing negotiations to get a transaction accomplished. A change in course for good reason is not considered bad faith. Mr. McCash moved to add the following language: "Notwithstanding the terms of this letter or the amendment, if during the course of further negotiations the City acquires additional information, reports or other data which would indicate that it would not be in the best interest RECORD OF PROCEEDINGS Minutes of S ecial Meetin of Dublin Cit nil 1 Meeting .4 NK C F RM N 10148 October 13, 1997 ~ f ~ Held - 19 of the City to enter into an agreement containing language evidencing the said term, or terms, it shall not be considered bad faith to object to the inclusion of the term or terms. Further, ~ each party hereby expressly waives any and all potential claims whatsoever shall they fail to mutually agree." s. Hide Pittaluga seconded the motion. .Campbell asked for legal advice regarding that amendment. . Stype stated from a legal standpoint, he favors clarification. He has no legal objection to the proposed language. Vote on the motion - Mr. Reiner, yes; Mrs. Boring, yes; Mr. McCash, yes; Mr. Campbell, yes; s. Hide Pittaluga, yes; Mayor Kranstuber, yes; Mrs. Stillwell, yes. The motion carried. s. Boring suggested Council consider a separate motion regarding the impact on the Jonathan Alder school district. She moved that Council deviate from the Community Plan on this parcel of land, and not pursue a transfer of this land into the Dublin School District. . Campbell seconded the motion and clarified that this is not an amendment to the Letter of Intent, but more of a policy motion. The motion today should be incorporated into the Community Plan. . Hansley stated the City will own the ground the stadium is built on, and since the Community Plan is not adopted at this time, he would suggest that the motion state that when the Community Plan comes before Council, Council at that time will adopt a statement to except this land from the policy in the plan regarding school district boundaries. s. Boring accepted this suggestion and amended her motion as such. .Campbell seconded the amended motion. Vote on the motion -Mrs. Stillwell, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr. Campbell, yes; „__e Ms. Hide Pittaluga, abstain; Mr. McCash, yes; Mayor Kranstuber, yes. The motion carried. Mayor Kranstuber invited Council members to make comment prior to their vote on the amended ordinance. Mr. Reiner stated that from the phone calls and the letters he has received, it is his belief that the majority of the people in Dublin are in favor of the soccer stadium. This will be a positive impact for Dublin. Dublin is a strong community because of its progressiveness. He has fought hard for quality of life issues in this community, including initiating several of the ordinances which make Dublin unique. This City has a strong tax base, and in order to protect the tax structure of the community, he is voting for this issue. This community has well planned housing, a recreation center, and a lot of other amenities of which this will be one more. This is the will of the people, and this is a democracy. Mr. Campbell commented that the stadium issue is a significant issue in the town, and people in general do not like to deal with change. He agrees with Mr. Reiner that the majority of the people within Dublin want this stadium. He has every confidence that the city staff along with experts they retain will minimize the impacts of this to the greatest extent possible. Dublin has a history of dealing with difficult issues and events in a very professional manner. He is glad to have this forum tonight to hear from those who will be affected. Dublin has dealt with some tough issues, but also a lot of good things such as the Rec Center and Art in Public Places, which add to the quality of life. Tonight is a beginning step for this project. Council and Planning and Zoning Commission have a history of high expectations, and it is clear that will be expected in this case. He agrees that the southwest area of the City should have as many amenities as the rest of the City, including Art in Public Places, parkland and this project. Most communities would say "thank you" to Mr. Hunt for the opportunity to have a national sports presence in town. This will be a unifying factor and a chance for the community to have an identity. Some 25 years ago, people here were debating the Muirfield tournament coming in Dublin and heard these same comments. It takes courage, wisdom, and foresight to be as progressive as this town has been. He noted that Dublin should be thankful to have this kind RECORD OF PROCEEDINGS Minutes of 2 Meetin A AL NK C FORM NO. 10148 I~ October 13, 1997 ~ Held - 19 lof opportunity. He will vote in favor of the project. i Ms. Hide Pittaluga commented that she has a number of issues that are unresolved: ~ 1. The bottom line is Dublin will spend 3 to 4 million dollars for land and will own the stadium in 25 years. She distributed to Council last week some information regarding the high costs of renovation for stadiums at the 25 year point. 2. There are not enough professional sports teams to support all of the stadiums being built across the country. This creates a competitive environment for cities. 3. There is a question of risk in regard to the viability of the soccer league. 4. She has not seen a demonstrated income stream for the project. 5. She has concerns about the impact of the stadium on the Community Plan which is nearing adoption at this time. 6. She believes Council needs to bring in experts to assist in this process in order to make a more informed decision. 7. She would vote in favor of having this as a ballot issue. 8. The traffic report raised more concerns for her. 9. Quality growth is essential to Dublin's long term success, but she is not sure this will meet the criteria. 10. She is not ready to make a decision at this time without additional information on all of the issues raised. She will vote against the ordinance for all of these reasons. Mr. McCash stated that after looking at the information and doing some research, reviewing some of the City's documents such as the Community Plan and the Mt. Auburn Study, he sent a memo to Council expressing his concerns. Several of these are as follows: 1. Professional soccer in this country has seen ups and downs, including the National Soccer League folding in 1984 due to players salaries. As they have heard tonight, soccer players are currently looking for free agency. Average attendance records for the Crew in 1996 are 19,000 and this year's levels are around 11,000. They can only hope that the interest in professional soccer will grow with this infant league. 2. Mr. McCash will continue to support youth soccer. He also supports the efforts of Lamar Hunt to bring professional soccer to America, the Columbus Crew, and building a stadium in central Ohio. The Columbus Crew is a regional amenity that can have positive benefits for all of central Ohio. 3. Tonight's vote, however, is important not only for central Ohio, but especially for Dublin. Tonight's vote is not about supporting youth soccer in Dublin. Just as Mr. Hunt has a love for soccer, Mr. McCash has a love for the City of Dublin. A decision to place a stadium in the City can change the face of Dublin. 4. According to the Community Survey, 84% of the community doesn't want to cope with the traffic they already have. This current proposal does not represent regional cooperation among central Ohio communities. Why should Dublin foot the entire cost for all of central Ohio? 5. Nothing on this proposal was shown to Council until three weeks ago. This proposal has far reaching financial impacts on the community, some of which the community is just beginning to realize. The burden of support for the Columbus Crew will be entirely Dublin's. In 25 years, they will be bidding for professional teams just as Cleveland and Cincinnati are currently doing, and they will have tremendous renovation costs with little to show for it. 6. He would like each Council member to ask themselves if this is truly the right thing to do and the right thing for Dublin. His answer is "no". Mrs. Boring stated that many of the questions brought forward tonight cannot be answered until this moves forward. There are many places to stop this process if needed, but delaying a decision at this point would not be in the best interest of the community. There are several things that have made the difference for her: first, this is a privately funded stadium. When the sports facility issue was voted upon in Franklin County, 64% of the voters in Dublin voted for it. She has made it clear to the people she has talked to on the phone what Dublin's RECORD OF PROCEEDINGS Minutes of ~n ..ial M ing ~f Dublin City Council p ge 13 Meeting A B NK C FORM NO. 10148 ~ Held October 13, 1997 19 I commitment is. This community has spent money on many varied projects over the years ~ including, passive parkland, art projects, and active sports facilities. This is a very active and young community, and this land use will change in any scenario. She emphasized that she will % not support deferral of anything currently on the CIP program list. She would like to see a high quality stadium ensured through the Planning and Zoning process. If there are other ways x. ~ to offset some of the costs, she will support them. At this time, Council needs to endorse signing the Letter of Intent. The issues can then be addressed in the process. Mrs. Stillwell stated that as Council members, they are elected to make policy decisions - those strategic decisions that build community not only for the short term of the City but also for the long term. The bottom line for her is that Dublin is fortunate to have the opportunity to make a decision like this. This is a very strong, thriving, and vital community. She has been impressed with the democratic process in action, the dialogue between citizens, Council members, and the government in trying to make the best possible decision long term for the community. The Letter of Intent begins the process -the issues that have been raised regarding traffic, financing; noise, lighting, storm water, financial feasibility and schools will not go away after tonight. The process is just beginning and more information is needed. Not having all of the answers is not a reason not to look forward. Most importantly, moving forward with this Letter of Intent does not suspend or replace any of the other commitments made to this community in terms of capital improvements and other projects such as the Community Plan. This is a very important beginning step of the process. She is ready to move forward with the Letter of Intent and vote in the affirmative. Mayor Kranstuber stated that he appreciates Mrs. Stillwell's insights about the process. As Council members, they are elected to do what they think is right for the community. He believes the vast majority of Dublin residents want this project. This is not a "done deal" nor is there any right or wrong decision here. He believes the details can be worked out by staff. Right or wrong, Dublin is lucky enough to have the resources to be able to accomplish something like this. It is his opinion that this is what the majority of the people want, and there will be important spin-off benefits for the community. He believes they have gotten into more of a level of detail than is necessary for a citizen body. He has confidence in the City staff to handle the details. It is Council's job to make the policy decisions. Many of the issues raised tonight will be addressed as the process continues. Mrs. Stillwell moved to approve Ordinance 135-97, directing the City Manager to execute the Letter of Intent and Addendum with the amendments as approved by Council tonight. Mr. Campbell seconded the motion. Vote on the motion -Mrs. Boring, yes; Mr. Reiner, yes; Mrs. Stillwell, yes; Mayor Kranstuber, yes; Mr. McCash, no; Ms. Hide Pittaluga, no; Mr. Campbell, yes. The meeting was adjourned at 11:28 p.m. r -Presiding Officer Clerk of Council