Committee of the Whole

Office of the Clerk of Council City of Gahanna 200 South Hamilton Road Gahanna, Ohio 43230 Meeting Minutes Committee of the Whole Ryan P. Jolley, Chair Beryl D. Anderson Karen J. Angelou Brian D. Larick Stephen A. Renner Dav id L. Samuel Brandon Wright Monday, May 13, 2013 7:00 PM Council Committee Rooms Present 6 - Stephen A. Renner, Ryan P. Jolley, Brandon Wright, Beryl Anderson, Karen J. Angelou, and Brian D. Larick Absent 2 - David L. Samuel, and David L. Samuel Additional Attendees: Isobel Sherwood, Dottie Franey, Karl Wetherholt, Mike Andrako, Jennifer Teal, Joann Bury, Anthony Jones, General Williams, Deputy Chief Bell, Tony Collins, Sue Wadley, Shane Ewald, Mayor Stinchcomb, Brandi Braun, Mike Underwood; Scott Chappelle and Terry Benton from Strathmore for Creekside; Press. Jolley called the meeting for Monday, May 13, 2013 to order at 7:29 P.M.; stated we are making a change to the agenda; we are moving the OPBA and FOP contracts to the top. PENDING LEGISLATION: ORD-0083-2013 TO AUTHORIZE THE MAYOR TO ENTER INTO NEGOTIATED LABOR AGREEMENT TITLED "AGREEMENT BETWEEN OHIO PATROLMEN'S BENEVOLENT ASSOCIATION DISPATCHER UNIT AND CITY OF GAHANNA, OHIO, JANUARY 1, 2013 - DECEMBER 31, 2015"; TO REPEAL ORD-0060-2011 Mayor said before you are negotiated contracts for OPBA, which is our Police Dispatchers' Union, and the FOP which is the Fraternal Order of Police; Mike Underwood is here; he is a long time Gahanna resident and legal counsel for the City on this; we are here to answer your questions on the contracts. Jolley asked for questions; there were none. Recommendation; 2nd Reading, Regular Agenda. ORD-0084-2013 TO AUTHORIZE THE MAYOR TO ENTER INTO NEGOTIATED LABOR AGREEMENT TITLED "CONTRACT BETWEEN CITY OF City of Gahanna Page 1 Committee of the Whole Meeting Minutes May 13, 2013 GAHANNA AND FRATERNAL ORDER OF POLICE, CAPITAL CITY LODGE NO. 9, JANUARY 1, 2013 - DECEMBER 31, 2015"; TO REPEAL ORD-0165-2010 See discussion under ORD-0083-2013 OPBA Contract. Recommendation; 2nd Reading, Regular Agenda. ISSUES - From Director of Development: Creekside Signage Lease Agreement Jones introduced Scott Chappelle from Strathmore and Terry Benton who is in charge of all leasing operations at Creekside; said we are here to talk about two things; number one is a proposed sign lease agreement between the City and Strathmore; second is an update on the Creekside project to see how things have been progressing since they took ownership 10 months ago; for the past several months the Administration has been working with Strathmore for ways to improve the signage and the whole Creekside project; things had been identified that needed improvement and with their aggressive stance to make it more profitable and habitable by both commercial and residential tenants, we have come up with an idea that is fitting for both the community and the project; this has been through the Planning Commission process and has been approved as a comprehensive sign plan; this governs signs on the buildings as well as monument signs; here tonight about the lease spaces for 2 monument signs that would be in the City's right of way surrounding the valet parking section and in front of the Creekside Plaza; we have photos that Benton will go over; we have handouts and the power point on the screen; after you review those we can go into specifics on the lease. Benton said there are 5 power points that give an overview of what we are looking for with this lease agreement for the monument signs; we talked to current and previous tenants and customers and asked what worked and what didn't work; big thing was people had a hard time finding it and locating the businesses that are there; GPS devices were not locating the right place; last fall we initiated a program with the City and USPS to actually change the addresses at Creekside; we changed the addresses to line up with the streets and now use 81 Mill Street, 101 Mill Street and 121 Mill Street, 151 Mill Street for the residences; next step, after listening to tenants in the rear of the project, if a GPS takes me to 101 Mill Street, I am looking for signage to identify the business; we worked with Planning Commission and other folks for 2 solutions; one is to put signage on the front of the buildings; so we are putting up blade signs; for the anchor tenants there was a logical place to put monument signs; we are incorporating the creek theme and they will each have 3 panels for tenants in the back; this is contingent for the businesses; we have to provide adequate signs as stated in their leases and this met their needs; we are hoping you will approve the lease agreement. Jones said this lease agreement is similar to what is in place for Rees Flowers; our City Attorney has drafted it with similar language; this says they are obligated to an annual payment similar to leasing ground space at Creekside at $400 a year; they can only put up these signs as approved by Planning Commission; any changes would have to go through the approval process; the footprint does not interfere with pedestrians; good location in the valet area. Mayor clarified that Strathmore is paying for all of this; this is not a public expense. Jones said correct; open to questions; the sign in the pictures are just to let you know what it will look like. City of Gahanna Page 2 Committee of the Whole Meeting Minutes May 13, 2013 Renner said the signs for the buildings, are they situated with a light so they can be seen at night. Benton said they are internally illuminated. Renner said so no spot lights. Benton said no spots. Anderson said are the lights considered fixtures or are they temporary. Mayor said they are permanent signs. Anderson said I am just trying to understand the classification so I know if they can take it with them. Jones said I would say it would be a fixture; they can't take it with them if they leave. Anderson said then they are leasing the space for a permanent fixture. Chappelle said they could be easily removed because they are constructed on existing concrete slab. Anderson said if there was a need to replace them would that come back to Council; I ask that because of branding. Jones said Planning Commission has said this is an acceptable use; alterations would go to them; we are going through the process with them to encourage proper branding. Benton said we are hoping for long term tenants, but in the event of turnover these are easily changeable. Wright said he liked the scheme and visuals; wondered if you have had conversations with C Suites; they had major issues previously with signage. Chappelle said we are committed to helping them. Angelou said this fits the sign code. Chappelle said yes it does. Wright said when this becomes weathered do you have a standard to make sure it doesn't look worn. Chappelle said we plan to maintain the signs to the condition of when they were first installed; we have been redoing the existing signs at Creekside; we take them seriously. Anderson said regarding addressing the concerns for C Suites; this is something you have agreed upon. Chappelle said C Suites is now owned by the same group that owns Creekside so meetings are short. Anderson said so it is a win/win. Chappelle said it is working out very well. Angelou said how about line of sight on the monument signs; are they in the way. Benton said Planning Commission did a nice job of thinking that through; you can see the heights on the slide and we kept it reasonable; they are open with 3 panels. Larick said 3 panels with one entry per panel. Chappelle said could possibly do 2 smaller but it is the 3 panels. Mayor said that is all that is approved. Recommendation: 1st Reading, Consent, no need to come back; 2nd Reading, Consent. Creekside Update by Strathmore Development Chappelle said this is a good opportunity to provide an update; we have met with most everyone one on one; in the last 10 months you have seen quite a few changes; thought I would speak generally on where we are with construction, leasing, what the time table is for completion, and how things are going this summer; we started with about 97,000 square feet of commercial space; we have completed about 15,000 square feet of build outs and have 10,000 square feet left; we have leased about 25,000 square feet of space since we have been there; very pleased how the commercial leasing is going; we have letters of intent and negotiations continuing for basically all the vacant space; in terms of the commercial space we intend to be fully committed in the next 60 to 90 days; hopefully by end of summer everything will be fully constructed and stabilized on the commercial side; on the residential side, we took it over at 35-40%; right now we are currently at about 80-85%; started getting certificates of occupancy last week and started moving new tenants in; there are a City of Gahanna Page 3 Committee of the Whole Meeting Minutes May 13, 2013 significant number of units coming on line every week; just moved 5 new tenants in over the weekend; some of you have had the tour; if anyone wants to see or rent come and see me; for timetable we expect to be leased up and stabilized by the end of the summer; we are 61% pre leased; that does not include about 10% in the pipeline; you have also seen a lot of activity in terms of what the City has been planning for events this summer; a lot of coordination between City staff and Strathmore; we have also been including the tenants; for example now they know they need to staff up for Paws in the Park; never was that coordination before and that is benefiting everyone; any questions on how things are going. Anderson said are these leases, rentals, or purchases. Chappelle said right now the financing we have only permits renting; as soon as we can pay off the existing financing with permanent financing we will have the flexibility to sell these as condominiums. Anderson said how many are left. Chappelle said we have 85 units, 10 occupied; moving in 5 a week; we are 61% signed and that is 71% if you count those in the pipeline. Anderson reviewed the numbers. Chappelle said we have an interesting mix of people from young professionals to retirees; some from Easton; people moving in to work for the Limited; professional soccer players. Wright asked about the condo association; how does it work with apartments and condominiums. Chappelle said when we first took over we had a lot of interaction with the 10 member condo association; they were concerned and traumatized and had been through a lot; we made it clear what our intentions were; what we hoped to do and our timetable; we have been consistent with what we have told them; we have had some positive feedback; we have had a few complaints of noise usually on Sunday; sometimes when a tenant moves in on the weekend there are some complaints; make no mistake, their life has been very difficult; they are living in the middle of a construction zone; it is unavoidable but we do what we can to mitigate that; double edged sword; on one hand we have to get the units completed; on the other hand who wants to live in a construction site; the original development agreement with owner occupants provided that the developer did not have to pay dues on units he owned; a very large advantage for the developer and not unusual; we took it upon ourselves to pay the same dues; this created a large fund surplus that could be used to tackle some of the deferred maintenance issues; people who live there understand what we are trying to accomplish; we had to rip out the pool and put a new one in; repair some clubroom issues; they see what we are trying to accomplish; not perfect but it has gone as well as it could have. Jolley said so do the apartment lessees pay a lessor fee. Chappelle said yes they do; the tenants themselves do not but the owner of the property does; the amenities are shared as well. Larick said do you expect to correct that in a future restructure of the condo agreement. Chappelle said we just did our first CAM (Common Area Maintenance) reconciliation of actual versus estimated costs; we significantly underestimated what it was going to take to bring the maintenance back up; what we choose to do instead of passing them on to the commercial tenants was to absorb them our self; this was about $400,000 that we absorbed that should have been passed on to the tenants; we also agreed gratuitously to not raise the CAM rates and keep the CAM rates where they are to take the pressure off them; we have also done the same for the residences; we have kept the CAM rates where they are; we have been absorbing the extraordinary expenses that would have typically been passed on to the owners; we are doing what is in our best interests; there is only so much you can do in terms of passing on expenses; it does not make economic sense; our tenants are doing fine; we want to make sure they have an environment that is going to work for them. Anderson said how long will construction last. Chappelle said originally tried on the City of Gahanna Page 4 Committee of the Whole Meeting Minutes May 13, 2013 residential side to isolate floors as we move people into floors; unfortunately the construction and approvals are done in a vertical stack because of mechanicals; ended up moving people onto floors where there is a significant amount of construction; have been able to mitigate but it has generated a few complaints; anticipate it will be fully completed in the next 60 days; not as bad as it looks. Jolley thank you for the update. ISSUES - From City Engineer: Otterbein/Arshot Property - Deed of Easement Wetherholt said the issue I have tonight is a Deed of Easement from Arshot Company regarding the Otterbein Homes project; Otterbein was here before Council and the zoning change came through with ORD-0031-2013; as a result of some concerns from people in that area about the traffic and what kind of traffic impact we were going to have, we resolved on the Otterbein Project that it would direct access to Hamilton Road; that is the south half of the Arshot property; it is a low impact development of 5 units and it doesn't get a lot of traffic and we figured out how to make that work; for the remaining portion of the project, the traffic study recommended that we have one access point on Beecher and another on Hamilton Road; it also analyzed the OSU property that is on the north side of Beecher; going by that we have taken a look at the most intense use that could go on with the remaining Arshot piece and we determined that an access point there is ok; the Arshot folks came to us with a proposition; in order to lock in that position they would dedicate a Deed of Easement for the bank on McKenna Creek; the steep part of the bank would be made into a zone that would remain wooded; it is part of the agreement that they will dedicate that area on both the Otterbein portion and the residual portion to the north; also part of the agreement would be that the access point would be as specified in general in the Traffic Study; the study looked at a way that would not degrade the Beecher/Hamilton Road intersection; it is far enough back that stacking works out so that is an appropriate spot to have the access point; the secondary access point would be the one on Hamilton Road that would allow fire trucks to come in and out and would not put a full intersection there in the middle of Hamilton Road; what we are requesting is an ordinance to accept the Deed of Easement and to authorize the Mayor to give a Memorandum of Agreement. Jolley said you are asking for emergency. Wetherholt said yes; Otterbein has been delayed in getting started; we do not want them to go away because that is the lowest impact you could possibly have on that particular site. Sherwood said the City Attorney is requesting a waiver be included. Angelou said the residents of Academy Ridge at one point did not want a road going in from Beecher; does the bank and perseveration zone solve the road problems; are they aware of this. Jones said I have not been at the Planning Commission meetings but they wanted to preserve no access along Beecher Road; it was that discussion that prompted the traffic study of the whole intersection; after that it was our engineering perspective that access, although not necessarily supported by these residents would be an appropriate use of this site. Wetherholt said they are aware of what the traffic study said because they all got copies of that; when we gave them the information from the video detection of that, they seemed to not object so much; they also expressed interest in preserving the ravine because their properties come down to the stream and just on to the toe of the slope of the bank; they liked the idea of having the wooded ravine in there and to get that locked in; it also provides more of a buffer to what is developed on it; this was also presented at Planning Commission for City of Gahanna Page 5 Committee of the Whole Meeting Minutes May 13, 2013 the Otterbein zoning change. Angelou said so you feel those residents that were against any kind of road going in there are now aware of the fact that this now will be a road. Wetherholt said yes they are now aware. Angelou said did they come to the Public Hearings. Wetherholt said yes they did. Angelou said did they address that and say they now have no problem with it. Wetherholt and the Mayor said they did not say that. Wetherholt continued but their presence at the initial meeting was extremely heated and they were very concerned; by the end they sent a few representatives and they didn't say anything. Angelou said do we know anything about what is happening on the other corner. Wetherholt said that is the Arshot residual piece; they do not have any tenants or any idea of how this will be developed. Angelou said we do know it won't be a CVS. Wetherholt said right; that went somewhere else; the traffic generation that we used was based on the maximum use that it could be; in actuality when the practical side of developing that comes up it will do nothing but go down. Angelou said and the other side, the OSU piece, has to have access from Hamilton and Beecher. Wetherholt said right; there will have to be one exactly opposite from where the Arshot piece is; that piece of property has more developmental challenges than the Arshot piece. Wright said I may ask for this to be moved to regular agenda after I get some additional questions answered; just want everyone to know. Recommendation: 1st Reading, Consent, Waiver of 2nd Reading, Consent Agenda, Emergency Language. PENDING LEGISLATION: ORD-0085-2013 TO ADOPT THE HAMILTON ROAD CORRIDOR PLAN, PREPARED BY OHM FOR THE CITY OF GAHANNA, OHIO Jones said as a follow up to the public hearing we had last month, I am here to summarize the process and results from the Hamilton Road Corridor Plan and answer any questions you may have about it's intended use for future development; this plan establishes a vision for the future of the Hamilton Road corridor extending from Clark State Road south to our most southern boundary just past Techcenter Drive; it is a blueprint to create and guide commercial and residential construction to produce a uniform and attractive use and appearance for visitors as well as residents; there is also a lot of transportation; that is vehicle as well as pedestrian, that this plan takes into account; provides recommendations for connectivity and better integration of pedestrian and vehicular traffic on the development of sites; a perfect example is Clark Hall Commons where the buildings are closer to the street allowing for pedestrians to take advantage of the establishments and patios around it; the parking is to the rear; we will no longer have new developments that will allow vast seas of parking spaces along the street; the process to come to this recommendation has been extensive; there was a 14 member stakeholder committee; the owners of Hunter's Ridge Shopping Center were present; many property owners and residents; McDonald's, Planning Commission Staff and the Schools were represented; Larick was on the steering committee; we had 4 public meetings with over 100 attendees at our meetings; they were pretty successful gauging input of our citizenry for the corridor; the result is we have principles to guide investments; we have 2 districts; a Central District as well as a Southern District; the Central is more integrated with pedestrians the Southern is off 270 Hamilton Road to Techcenter Drive tries to accommodate a lot of automobile traffic; if passed by Council it will be a guide for zoning efforts going forward; Gard and Evans are working to establish Code that will be in line with this and be reviewed by Planning City of Gahanna Page 6 Committee of the Whole Meeting Minutes May 13, 2013 Commission subsequent to this plans approval to insure that these principles can be codified and enforced for future developments; it will also be used to help with our community branding and guide our future infrastructure improvements; the most specific component of the plan determines aspects of both residential and commercial site specific development; it speaks to architecture as well as franchisees to try to insure some uniform yet eclectic design styles for signage, landscaping , lighting, as well as the site design; our goal was to have this plan go to an interested party and say here is our vision for the corridor; here is what as a community we feel is the best use for lands along the front and here is what we would support; it is a protection for those who currently have made investments as well as security for those thinking about making investments so they know what it will look like and ultimately encourage them to spend money and make their home here; culmination of several months work and has the unanimous approval of Planning Commission; here before you today and I can answer any questions. Renner said think this is a great plan; very interesting; one thing we have all talked about is Gahanna is definitely going to get denser as it develops; having a great master plan like this is key; I am very interested in the Central Gateway part; can you think of an example that this closely approximates in Central Ohio. Jones said High Street in Columbus has various sections of it that, although very vehicular, are still pedestrian friendly; they have multi family units next to commercial developments next to outdoor seating and patio spaces; that is a good approximation of what it could be years from now; High Street can accommodate the heavy traffic flow; it has much more than Hamilton Road; but it can handle the pedestrian connectivity and commercial development as well. Renner said my concern as we get more dense, Hamilton Road has a speed limit of 35 MPH and we have a high school nearby; thinking about the potential safety issues. Jones said one of the goals of the plan is to push all the developments up to the streetscape; allows for pedestrian connectivity; no longer a simple sidewalk; it is a more walkable outdoor space that has outdoor seating that allows pedestrians to feel safer; plan also guides lighting styles along the streetscape; no longer freeway style 30 feet in the air; more welcoming to residents; right now it is very vehicular; goal is to build up public space around it; if people are driving faster they would feel uncomfortable; so much to do and see it is not an open roadway anymore; our goal is to become more like that; Clark Hall is a good example. Wright said I like the different districts for some community character within the City; as I am driving through how would I be able to distinguish I am in the Southern District or Central District; will there be signage to create a brand. Jones said the intent would be to brand this as the Hamilton Road Corridor; for the districts, one purpose is to distinguish the characteristics of future investment; the South District is much more vehicular so it requires different public improvements to accentuate that use; the Central District is where the sidewalks begin; incorporates more pedestrian traffic; the ultimate brand goal for these is you are coming into the City of Gahanna; guidelines for each district will govern things like parking, lighting style, landscaping; it is part of the discussion but not individual branding. Wright said I think it is an opportunity to be innovative; the 2 areas are vastly different in how they serve the public and what their needs are; I think it is a good opportunity for the City to hone in on branding; there are not a lot of cities that are landlocked and can come up with new developments; in addition to showing on maps and plans, I really think it would work to incorporate the strengths of each area into our master plan and use signage and with the character that comes along with that. Jones said we are in agreement with that; I heard your question about being distinct when it comes to Hamilton Road Central or South; this corridor will have branding and signage that will give the impact you are seeking; our goal is to also encourage the private sector to use this and complement that; right now we are working with City of Gahanna Page 7 Committee of the Whole Meeting Minutes May 13, 2013 Huntington Bank; they had an initial design for their signage; we are working with them on a redesign to help accomplish the goal of advertising their company while simultaneously being an entry sign into the community; we will push that for a major corner piece; that is a major goal and has been discussed throughout the process. Jolley said what is the overlap between the Hamilton Road Corridor Plan and the Hamilton Road TIF district we recently established. Jones said the TIF is the entire Central Gateway; instead of going south of 270 along Hamilton Road, it goes along Morrison Road just to Taylor Road; there are a few parcels that are different; the reason why is it was deliberate because we think the Buckles Tract once developed needs to have it's own incentive program to accommodate it. Jolley said the majority of it is contiguous. Jones said yes it is. Anderson said can you speak further about crosswalk enhancements to improve safety; there have been discussions about this; not just about crosswalks; I have also been asked about the buses leaving the schools entering Hamilton and how this plan will impact that especially traffic around 3 o'clock. Jones said for the traffic flow of the buses, the plan is to still create the pedestrian element along the streetscape that would encourage individuals to drive slower; not widely used right now. Wetherholt said the crosswalks we put at Hamilton and Granville are the ladder type; right now the area that Jones is talking about doesn't have a whole lot of pedestrian traffic; with development it could; it would be appropriate to add these ladder type crossings to those intersections. to make them more visible, particularly coming off the freeway. Anderson said I think some of the questions had to deal specifically with the high school. Wetherholt said the bus discharge we have pretty well under control. Anderson said the concern was the circle the buses do. Wetherholt said it works well; doesn't last long as buses get out of there quickly and efficiently with the way the traffic signals are set up. Recommendation: 2nd Reading, Consent Agenda. ORD-0082-2013 TO AMEND PRIOR FILING WITH THE FRANKLIN COUNTY BOARD OF ELECTIONS IN ORDER TO REESTABLISH WARDS IN THE CITY OF GAHANNA; TO REDISTRICT SAID FOUR WARDS IN A MANNER EQUITABLE TO THE POPULATION THEREIN; TO REPEAL ORDINANCE NO. ORD-0234-2012; TO AMEND CHAPTER 105 OF THE CODIFIED ORDINANCES; AND TO DECLARE AN EMERGENCY Ewald said this has had first reading; we were waiting on the description from the surveyor. Sherwood said I am still waiting on that but expect to have it this week; there was a further clarification from the Board of Elections needed; he now has that and is working on the descriptions; I do expect to have them this week. Ewald said the Board of Elections had originally requested we bring whatever we had at the time after certification; I did confirm with them today that the May 7 primary certification will occur on May 22; this was set for next week; a couple of Council persons had let me know they had concerns about the timing and had requested we bring it back the first week in June for the second reading; that is completely in Council's purview; for timing, it doesn't hurt to bring it back June 3; but because of Charter requirements it has to pass June 3 with emergency; if it goes beyond the June 3 date, by our Charter, not the Board of Elections, the next time you could take up this issue would be 2017; you would not be able to redistrict until 2017. Angelou said I can see where you would say it would not go into effect until 2017; but you could pass something to go into effect in 2017; it is the 4 year term for the Ward council people; this is the only time that wards come into effect; just because it says City of Gahanna Page 8 Committee of the Whole Meeting Minutes May 13, 2013 2017 doesn't mean it has to be in that year; just would have to take effect in 2017; you could choose not to do it then. Ewald said our Charter controls, but if you go by Revised Code under 731.06 Section F, you have to pass it a least 150 days prior to the primary; that would be a September time frame; I would not suggest passing it now and letting it go into effect 3 years later; I would wait and do it at that time if that is your preference. Angelou said I believe there has been confusion on this and we should not be moving ahead with establishing new wards but going with the ones the Board of Elections rescinded back to 2003; I think there is confusion out there now; we take it away and say it is the same wards it has always been for the next 4 years; that is a better direction to go for the people of Gahanna. Anderson said there is confusion; I have been getting a lot of questions about boundary lines; having time to think about it further since Section 4.02 of our Charter says it must be completed and in effect by June 7 which gives us until June 3; so at least we have a little more time to think about this and figure out where we want to go with regard to the process; no emergency to act on it right this second. Jolley said more time is fine; the impact is the same if we do it next Monday or on June 3; since we don't have the surveys yet we will have this come back to Committee of the Whole on May 28th. Recommendation: Back to Committee of the Whole on May 28, 2013. Meeting Adjourned. Della Brandenberger, Reporting City of Gahanna Page 9