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HomeMy WebLinkAbout08/05/1996 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 1 Meeting DAYTON LEGAL BLANK CO., FORM NO. 1014 Held August 5, 1996 19 Mayor Kranstuber called the informal portion of the Dublin City Council to order at 7:00 p.m. on Monday August 5, 1996. Comments from Staff Lt. Geis reported that the Police division has developed a mission statement which complements the community policing philosophy and emphasizes customer service. He distributed copies of the Mission Statement to Council and acknowledged Ms. Crandall's assistance in this effort. Mayor Kranstuber called the formal session of the Dublin City Council meeting to order at 7:10 p.m. Ms. Hide Pittaluga led the Pledge of Allegiance. Roll 11 Council members present were: Mayor Kranstuber, Mrs. Stillwell, Mrs. Boring, Mr. Campbell, Mr. McCash, Ms. Hide Pittaluga, and Mr. Zawaly. Staff members present included: Mr. Hansley, Mr. Foegler, Mr. Smith, Mr. Coleman, Mr. McDaniel, Ms. Jordan, Mr. Kindra, Ms. Fierce, Ms. Kennedy, Mr. Hahn, Mr. Lenz, Mr. Card, Ms. Bearden, and Lt. Geis. Approval of Minutes of July 15, 1996 Meeting Ms. Hide Pittaluga noted a correction to the minutes on page nine under Council Committee reports. The last portion of her comments should read, "She noted then that as future issues arise that relate to the effectiveness of internal communications, she will bring them to Council's attention to point out the benefits of interconnection, archiving, and indexing city documents.',' Mrs. Stillwell moved to approve the minutes of the July 15, 1996 meeting as corrected. Ms. Hide Pittaluga seconded the motion. Vote on the motion - Mr. Zawaly, yes; Mr. McCash, yes; Mrs. Stillwell, yes; Mr. Campbell, yes; Mrs. Boring, yes; Ms. Hide Pittaluga, yes, Mayor Kranstuber, yes. Correspondence The Clerk reported that no correspondence requiring Council action has been received. Comments from Visitors Wallace Maurer, 7451 Dublin Road stated that he would like to comment on the general issue of confidentiality of City matters during the hearings on Ordinance Nos. 73-96 and 75-96 tonight. Mayor Kranstuber asked Mr. Zawaly to comment on the Revised Charter provisions relating to executive sessions. Mr. Zawaly stated that the Revised Charter permits Council to consider an ordinance to expand the current categories provided under the Ohio Revised Code for executive sessions. This Council has not entertained such an ordinance, so the same categories for executive sessions provided under the original Charter continue to apply under the Revised Charter. Mayor Kranstuber added that executive sessions are currently permitted for land acquisition, personnel or legal matters. Mr. Maurer stated that his request would be that anytime that Council has an executive session involving an ordinance, that this fact be somehow noted in the ordinance. Mr. Campbell commented that the public interests are protected by discussion of these matters in executive sessions. The costs of land acquisition would be impacted by public discussion of future plans to purchase land -the costs would naturally rise based on the demand. Mr. Maurer commented that the Revised Charter which permits consideration of an ordinance to allow additional reasons for executive sessions constitutes a "blank check" for future Councils. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 2 Meeting DAYTON LEGAL BLANK CO. FORM NO. 1014 August 5, 1996 Held 19 He pointed out that there is a risk of abuse of this provision, depending on the members serving on a particular Council. Kerb Donahue, 119 S. High Street stated that he is a merchant in the Old Dublin area. He thanked Council for their support of the Old Dublin area and their efforts to minimize the impact of the Dublin Road closure on the merchants. He emphasized the importance of reopening the road prior to the Christmas holiday shopping season as this is a crucial sales period for the . merchants. Mr. Kindra stated that the road will close this Wednesday and the project will take 4 to 6 months. He assured Mr. Donahue that the City will work with the merchants and if necessary will temporarily open the road for the holiday season. Mayor Kranstuber asked Mr. Kindra to report to Council in early November about the scheduled completion date for the project. Eric Denney stated that he represents Freda Butterfield of 7136 Avery Road. She has lived there since 1948 and has never had a water problem. However, since the Borror Corporation constructed a development just to the north of her, her property has flooded many times this past spring. Borror did install a swale between her property and the property to the north, but the situation has not been resolved to her satisfaction. Mr. Kindra indicated that he will investigate the situation and then report back to Council. Mayor Kranstuber asked Mr. Kindra to copy Council on any correspondence sent to Mr. Denney about this issue. He added that if the issue is unresolved following the staff investigation, Mr. Denney should contact the Clerk to request that Council include this matter on an upcoming agenda. Mel Shaver, 6672 David Road stated he was here for the discussion on storm water issues which is scheduled on the agenda tonight. Mayor Kranstuber stated that a number of persons are present to address the issue of the Buckeye Swim Club rental time at the Rec Center. He invited them to come forward. Susan Dillard, 6475 Deeside Drive stated that her 14-year old son is a competitive swimmer who swims with Buckeye Swim Club. She estimates that over the past 5 years, she has driven 36,000 miles and spent 900 hours driving on 270 to Westerville for practice time. Her son's coach is Laurie Carr who has developed an excellent program at the Buckeye Swim Club. They do not want to leave the program. She is a Dublin resident and tax payer and is frustrated with the lack of time set aside for their club at the new Rec Center. Mr. Hashimoto. 347 Ashworth Court stated that his family has lived in Dublin for nine years. He congratulated Council on the beautiful recreational facility which they can all be proud of. On behalf of the Buckeye Swim Club, he requested that: 1) the Council Service Committee meet with the Parks and Recreation staff to work out amulti-year agreement for the Buckeye Swim Club including reasonable rates at reasonable hours; 2) they be given the City's guidelines on how to obtain public documents under Ohio open records act since he holds the Parks and Recreation leadership accountable for the process used to generate the recommendation to Council that a new USS swim team be created and that the existing Dublin-based USS club be denied any swimming time at the new facility. He believes creating the new USS swim team is a waste of taxpayers' money, and he would like to see a compromise made. He asked that his documents be made a part of the record. Barbara Brockman, 347 Ashworth Court thanked Council for the beautiful recreation facility which her family has joined. Although she does not agree with the City's decision to create a new USS swim team, she is willing to live with it. She believes the process used excluded some people. Dublin swimmers need to train near their homes. USS swimming encourages children to learn values of excellence, teamwork and loyalty. For these reasons, her children will not desert their current USS team and join the new team. She also noted that the partnership that Buckeye RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 3 Meeting DAYTON LEGAL BLANK CO. FORM NO. 1014 August 5, 1996 Held 19 Swim Team has with OSU is quite valuable to the swimmers in advancing in their skills. The Dublin Parks and Recreation staff did not seem to value that partnership. She is willing to pay for the rental time, but would like to see Dublin children have the opportunity to swim in this new facility. Bill Watlev stated he is not a resident of Dublin, but is the men's swimming coach at Ohio State. He is present tonight in support of the swimming families from Dublin. He explained that the program was originally started as an outreach program to the community. Laurie Carr, the coach and a former OSU swimmer, set up an agreement between OSU and the group which then became the "Buckeye Swim Club". He would like to encourage Council to give the swimmers from Dublin the opportunity to train closer to home. He would like to see a cooperative effort between Ohio State, the Buckeye Swim Team residents from Dublin, and the Dublin Parks and Recreation staff Mayor Kranstuber asked Janet Jordan to give some background information at this time. Ms. Jordan stated that she has spoken with many of these parents over the last week. She summarized the history of the decision-making process regarding a Dublin USS swim team. The meetings were held in October and November of 1995 and included representatives of the Dublin Dolphins, Muirfins, Muirfield Country Club team, high school swim team boosters, and Buckeye Swim Club parents. She explained that the consensus of the group was that a combination city/parent-run organization would be most effective. Further consensus was reached that the City establish and administer the operation of a team separate in name and identity from the Dublin Dolphins. The Rec Center is to provide the optimal availability for open recreation for the membership. With this in mind, the priorities were set for the Center as open recreational opportunity, Parks and Rec programming, high school swim team practices and the new USS swim team practices. She noted that the Buckeye Swim team has requested 8 lanes. Susan Lemyre~5342 Tara Hill Drive, a 6-year Dublin resident stated that her family is actively involved in swimming year round. She feels that Parks and Rec did not involve the residents early in the decision-making process. She thought the meetings were merely information gathering, and that a decision would not be made at that time. She has called Ms. Guisinger and asked to become involved in the task force, and her response was that the Buckeye Swim Team was adequately represented on the task force. She wanted to volunteer because she has three USS swimmers, but felt her input was not wanted by Parks and Rec staff. Laurie Krunna, 5404 Loch Leven Court stated that she has been involved at every advisory meeting and was invited as an advisory because she will be the Muirfield team President next year. After all of these meetings, the staff still does not have a good handle on how many swimmers to expect. She feels the Parks and Rec staff is saying no before really knowing how many swimmers will be interested in joining the new team. There is likely adequate swim lane availability for both teams. Mayor Kranstuber noted that the policy is to ensure availability of pool time for the people ~ who have joined the facility. He asked Ms. Jordan if the usage could be reassessed within 3 months. Ms. Jordan stated that until sign-ups are held for fall programs, staff will not be able to predict where the available hours will be. Margaret Flagstaff, 7694 Cashell Court stated that she has a degree in special education and health and experience as an aquatics director. She would be willing to help the Rec Center with their scheduling. Buckeye Swim program is not asking for the whole pool, they are merely asking for a share. They have 88 swimmers from Dublin. She feels the City of Dublin needs an already developed USS program with an experienced coach. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 4 Meeting DAYTON LEGAL BLANK CO., FORM NO. 1074 Held August 5, 1996 19 Kathy Whitson, 4785 Donegal Cliffs Drive indicated that she was never informed of meetings regarding the new swim teams. She added that there are interested parents who were not given any information about this and they would have been a good information source regarding the interest in a new USS swim team. Marti Snow, 7265 Rosegate Place stated that her son swims for Wedgewood in the summer and the Wedgewood team was never contacted about the new team. She noted that the Buckeye team is simply asking to share the time available at the new facility. They are Dublin residents and deserve to have a share of the available practice time. They plan to purchase Rec Center memberships and want their children to swim with other Dublin children. Mr. Campbell cautioned that the City does not yet know the demands which will be placed on the Rec Center for use. Staff is still in the process of finding out what those demands are. He hopes that staff will take the comments made tonight into consideration and attempt to accommodate some portion of their needs. The operations of the facility are a staff function and Council will rely on their recommendations. He hopes to avoid an on-going conflict over the use of the facility and that it can be resolved at the staff level. Mrs. Stillwell would also like to see an accommodation worked out and asked both sides to consider a compromise. Ms. Hide Pittaluga stated that this is a frustrating issue. A policy has been formulated with a preference for Dublin, and yet Dublin residents are being excluded in this case. She can understand the confusion in trying to explain this to a child. She suggested the Buckeye Swim coach be considered for the new USS Swim coach position in Dublin. From a policy level, she would encourage staff to re-visit this decision. She would like a practical solution that would make sense. Mr. Zawaly stated that there are highly competing forces here. Council is merely the policy maker in this matter. He wants to ensure that Council does not micro-manage in this situation. He, too, is hopeful that a compromise can be worked out. If the swim parents would like any Council member to help fashion a compromise, he would be willing to help out. Mrs. Boring favors the idea of compromise. She does feel that perhaps the City is over programming the facility. She wants to ensure that the general public has swimming time. She is willing to work on the process of formulating a compromise. She fully supports Dublin having its own team so that any child who is a member of the community would not feel intimidated in joining. The coach hired by the City would also be accountable to the City. Discussion then followed, initiated by Mr. McCash, about a compromise based on the actual number of lanes needed by the team and how many members actually live in Dublin. Mr. Hansley emphasized that Council has made a policy decision previously to be a facility provider versus a program provider with a facility. There are some rental times available and a rate will be determined with tonight's passage of the rental rate ordinance. He noted that his recommendation would be to continue the process set up by staff at this point in time. Following further discussion, it was the consensus of Council that staff meet with the Buckeye Swim Club leadership and come up with some type of compromise. If the policy needs to be revisited, it will be brought to Council. Mayor Kranstuber stated that in terms of the agenda order, he would next have the third readings and then the storm water issues. LEGISLATION RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 5 Meeting DAYTON LEGAL BLANK CO.. FORM NO. 1014 Held August 5, 1996 19 Ordinance No. 52-96(Amended) - An Ordinance Amending Chapter 35 of the Codified Ordinances to Revise the Fee and Service Charge Revenue/Cost Comparison System and Establishing a Schedule of Fees and Service Charges for City of Dublin Services. (Third Reading) Mr. Zawaly stated that the Finance Committee met earlier this evening to discuss the remaining issue referred to them, that of the tiered cost recovery on special events. He then moved that Council accept the unanimous recommendation from the Finance Committee, that page 8 of Appendix A, Note 13 be amended to read as follows: "For required City services, cost recovery of 50 % of the fully burdened hourly rate of labor plus full recovery of any out of pocket costs and other direct costs may be charged for recognized tax-exempt Dublin non-profit events at the discretion of the Finance Committee." Mr. Campbell seconded the motion. Vote on the motion - Ms. Hide Pittaluga, yes; Mayor Kranstuber, yes; Mr. McCash, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mrs. Stillwell, yes; Mr. Campbell, yes. Mr. McCash asked how this impacts S-127, 5-128, and 130. Mr. Zawaly responded that this only relates to required city services, and that is why the qualification is included that this is at the discretion of the Finance Committee under certain circumstances. Mr. McCash suggested that in Note 231anguage be added to state that fees will be based on a fully burdened hourly rate plus any out of pocket costs and other direct costs and that the reference in S-127, 128, and 130 be changed to refer to Note 23. Discussion followed. Mr. Zawaly moved that the first paragraph of Note 13 be labeled 13A, that the amended paragraph be labeled 13B, and that the reference under 5-109 be to 13B and that the reference under 127, 128 and 130 be to 13A. Mr. Campbell seconded the motion. Vote on the motion - Ms. Hide Pittaluga, yes; Mayor Kranstuber, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mrs. Stillwell, yes; Mr. McCash, yes; Mr. Campbell, yes. Mr. Zawaly moved to approve the ordinance as amended. Mayor Kranstuber seconded the motion. Vote on the ordinance -Mrs. Boring, yes; Mrs. Stillwell, yes; Mr. McCash, yes; Mayor Kranstuber, yes; Ms. Hide Pittaluga, yes; Mr. Campbell, yes; Mr. Zawaly, yes. Ordinance No. 6496 - An Ordinance Accepting an Annexation of 38.171+/- Acres from Washington Township, Franklin County, to the City of Dublin. (Stephen A. Young petition). (Third reading) Mr. Foegler commented that additional information on this proposed annexation was included in the Council packets. The intended use of the property is for industrial purposes, and the applicant recognizes that it would have to go through a Dublin rezoning process. Staff is recommending approval of the annexation. Mayor Kranstuber asked if this is consistent with the interim annexation policy. ~ Mr. Foegler responded that it is consistent with the interim annexation policy and the adopted Southwest Area Plan. Mrs. Boring asked if there are revenue predictions associated with the type of land use proposed. Mr. Foegler responded that a detailed cost analysis on this site and what improvements the City might have to make has not been made. It is expected to produce more revenue than it would consume in services. Mrs. Boring noted that the real estate tax revenues will go to the Hilliard School district in RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 6 Meeting DAYTON LEGAL BLANK CO., FORM NO. 1014 Held August 5, 1996 19 this case as the property lies in the Hilliard portion of Dublin. Mr. Foegler responded that is correct. Vote on the ordinance -Mrs. Stillwell, yes; Mr. McCash, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. Campbell, yes; Ms. Hide Pittaluga, yes. Ordinance No. 65-96(Amended) - An Ordinance Amending Ordinance 126-95 to Establish Rental Rates for the Community Recreation Center. (Third reading) Mrs. Boring asked for clarification on the $6 per lane lap pool charge and who that is designated for. Ms. Jordan responded that in all likelihood, this will be the time period used by the Dublin high school teams. Ms. Jordan requested that Council pass this as emergency legislation in order to establish rates as soon as possible for the Center. Discussion followed about the persons the $6 per hour rate per lap lane is intended to serve. Following discussion, Mr. Zawaly moved that the $6 per hour per lap lane from 6 a.m, to 8 a. m. , Monday through Friday section have additional language added, stating "for Dublin residents and authorized Dublin City School district functions." Mayor Kranstuber seconded the motion. Vote on the amendment - Mr. McCash, no; Mr. Zawaly, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. Campbell, yes; Ms. Hide Pittaluga, yes; Mrs. Stillwell, yes. Mayor Kranstuber moved that this ordinance be declared an emergency. Mr. Zawaly seconded the motion. Vote on the emergency - Mr. Zawaly, yes; Mrs. Boring, no; Mr. Campbell, yes; Ms. Hide Pittaluga, yes; Mrs. Stillwell, no; Mayor Kranstuber, yes; Mr. McCash, no. The emergency motion failed. Mayor Kranstuber noted that he will postpone further discussion of this ordinance to later on the agenda. Ordinance No. 69-96 - An Ordinance to Appropriate a Fee Simple Interest in a 0.3875 Acre Parcel Owned by Dublin Marathon Service Company, Located on the West Side of High Street and South Side of Bridge Street, in the City of Dublin, County of Franklin, State of Ohio. (Third reading) Mayor Kranstuber stated that since the public hearing has been held previously, Council is now prepared to vote. Mr. Smith noted that the first appropriation ordinance is for the Marathon station, and the second one is for the Union 76 station. Representatives from the Union 76 station are present and may wish to comment on the next ordinance. Vote on the ordinance - Mr. Zawaly, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. Campbell, yes; Ms. Hide Pittaluga, yes; Mrs. Stillwell, yes; Mr. McCash, yes. Ordinance No. 70-96 - An Ordinance to Appropriate a Fee Simple Interest in a 0.7010 Acre Parcel Owned by Uno-Ven Company and Granted to Union Oil Company of California, Located on the West Side of High Street and North Side of Bridge Street, in the City of Dublin, County of Franklin, State of Ohio. (Third reading) ' Mayor Kranstuber stated that the public hearing was previously held on this ordinance. Mike Shannon attorney representing John Price noted that Mr. Price has operated this station for over 20 years. His client asked him to appear this evening to make the following points: (1) He is concerned that he is losing his primary source of income; (2) He is concerned about his employees and his customers. He feels they have provided a valuable service to the community. When Mr. Price came to see him to seek advice, he provided evidence of newspaper articles and petitions in favor of saving his station. His client has had independent RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 7 Meeting DAYTON LEGAL BLANK CO.. FORM NO. 1014 Held August 5, 1996 19 conversations with members of Council and he has had conversations with the city attorney and Mr. Shannon stated that he has advised his client that he would be ill advised to oppose this legislation. We believe that the City is dealing in good faith and we hope that we have that throughout the process. We believe that we have set the ground work for future negotiations and we will continue to negotiate in good faith, reserving our right to oppose this at a later date. Vote on the ordinance - Mr. McCash, yes; Mr. Zawaly, yes; Ms. Hide Pittaluga, no; Mrs. ~F._ Boring, no; Mrs. Stillwell, yes; Mr. Campbell, yes; Mayor Kranstuber, yes. OTHER Storm water Issues Mr. Hansley commented that staff has prepared a complete outline of each of the four problems that were reviewed, and a copy has been provided to the residents who indicated they had drainage problems at the last Council meeting. Mr. Hansley suggested that each resident present on this issue address the gaps or concerns with the report. Catherin Headlee~ 6040 Brand rd.. stated that a month ago she had a lake; two days later, she had 261oads of dirt dumped into the lake and it has taken a month to settle. She is not sure if this has corrected the problem with the way it is graded. At this time, she stills has some water. She has concerns with the staff report which states that a final inspection of the work will be made in the coming weeks as part of the acceptance of the subdivision for release of building permits. She does not want to agree that the problem has been corrected until all the roads are in. Mr. Foegler clarified that in the report, what was referred to as the storm water plan was a actually awalk-through of all the waterways in Dublin to assess their condition and look at some of the options that were available to Council. The option Council chose at that time was to invest in a Storm Water Master Plan at a cost of approximately $450,000. There has been a public presentation on the Plan which will look at all of the City's drainage basins. This study is extremely detailed, site specific on every drainage basin in Dublin, showing in some cases where detention on-site actually has negative effects downstream. In some cases, larger regional detention facilities make more sense. This city is investing in that plan to treat storm water as comprehensively and in as detailed fashion as it can. The third and final phase of the study is funded in the capital budget which is before Council tonight for action. Council also has given staff some direction to provide a public presentation of the status of that master storm water plan in the fall. What was presented and commented on in 1992 was the forerunner of the much more comprehensive storm water master plan being done by Camp, Dresser and McKee (CDM). Joe Ryan 8267 Riverside Drive and Keith Brooks, 8237 Riverside Drive addressed Council next. Joe Ryan stated that he is a 41-year Dublin resident, and has lived in his home for 21 years. He clarified his previous comments regarding responses to phone calls made to Randy Bowman of the Engineering division, stating that Mr. Bowman did return the calls eventually. He proceeded to give a history of his drainage problems: 1. In the minutes of Planning & Zoning of January 9, 1992, it refers to a meeting with the owners on Riverside Drive. To this day, he has spoken to no engineering people other than Dean Saunders and Steve Fortuna. He never met with any engineering consultants to walk the site. 2. He does not believe the developer met the obligation to adhere to MORPC guidelines which specify that the rate of water leaving the site after development should not increase over the pre-development rate. The videotape evidences the water coming through his property. Mr. Kindra has reviewed the tape. 3. The staff report only addresses problems from 1995; it does not address the ones in 1996 which are still occurring. 4. He had tried to work out the flooding problems with the Boston Development Company RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 8 Meeting DAYTON LEGAL BLANK CO., FORM NO. 1 14 Held August 5, 1996 19 and was assured that they would take care of the problems. Unfortunately, Charlie Ruma has now stated that they will not take care of the problems. 5. The problem is the water which enters his property and flows to his spring house. There are two separate sources of this water -one from the south, and the other from the north, down through a ravine and into the spring house. 6. The water is being directed into the ravine and now Campden Lakes development is putting water into that same ravine. There is a large hole in the ground and when it fills up with water, it is dangerous to the children who play in the neighborhood. Keith Brooks~8237 Riverside Drive stated that he had hoped to work out his problems with the developers in the area and their engineers. The statement in the June 25 letter from Bird & Bull to Randy Bowman indicates that the channel traversing his property is in good condition with no evidence of erosion and no evidence of flooding on the Brooks property. After walking the property with Mr. Denk, the engineers have promised to rewrite the letter of June 25 and have acknowledged that the letter is not accurate. There are other inaccuracies in the letter, including that he is not experiencing runoff flooding of his driveway and the area around his house. This is not true. He appreciates Council's willingness to assign staff to work on the problem. Julie Brooks 8237 Riverside Drive reported that they also represent Mrs. Wanda Pinney, 8240 Riverside Drive. Mrs. Pinney has experienced flooding on her property as well. Ms. Brooks indicated frustration about the effectiveness of this forum in terms of addressing these issues. Discussion followed. Barbara Patinas, 4380 Woodland Drive stated that when the final plat was presented last year, there was a retention pond included up in Wedgewood Hills. Staff has told her this was eliminated during negotiations. Mr. Kindra offered to meet with the residents to explain the storm water system in that area and the calculations. It is difficult to review the details in tonight's forum. Mrs. Boring asked about the detention waiver recommended for the area in order to preserve trees. Mr. Foegler stated that Council approved one detention basin waiver in that area and determined that the benefits of the detention did not outweigh the lost vegetation. In the storm water presentation made to Council by CDM, they were shown that the northeast quad portion under discussion has 10 to 12 drainage basins with a lot of existing pipe structures as well as sink holes. He would recommend a meeting with more detail presented on that area for all the area residents. If the City's proposed solutions are not satisfactory, CDM would be an appropriate third party to make recommendations on whether it is being handled in accordance with the best storm water practices. Mrs. Stillwell would prefer to move forward with that recommendation. Mrs. Boring could support the recommendation to have the consultant look at this area, but ~ the time line would be an important factor. " Mr. Kindra stated that staff can arrange the meeting with CDM within 2 weeks and report back by the next Council meeting. Ms. Pappas noted that she wants Council to understand that the ravine is very delicate and another bad spring could severely impact it. Following additional testimony from Mr. Ryan, Council members indicated that there is no debate that he has a problem. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 9 Meeting DAYTON LEGAL BLANK CO. FORM NO. 1014 Held August 5, 1996 19 Following additional discussion, Mrs. Boring moved that CDM be directed to study the northeast quad area where the problems are occurring as described tonight, and report back to Council at the September 3 meeting. Mr. Campbell seconded the motion. , Vote on the motion - Mr. McCash, yes; Mr. Zawaly, yes; Ms. Hide Pittaluga, yes; Mrs. Boring, yes; Mrs. Stillwell, yes; Mayor Kranstuber, yes; Mr. Campbell, yes. Mayor Kranstuber requested that when the report is completed, staff and the consultants review it with the residents and developers involved. Mr. McCash noted that he has had concerns with the MORPC guidelines the City presently uses. Perhaps there is a need to have 10 to 15 year storm design standards for the City. Mel Shaver David Road resident described his ongoing problems with the detention basin at the north end of David Road. He requested that Dublin continue to do mosquito control. He added that pumping the water is not the solution because it cannot be pumped completely dry. Mr. Foegler stated that this is a private basin, privately maintained. The basin is designed assuming development of the adjacent property. The development has not happened, and so the City has informed the property owner that it is his responsibility to keep the basin pumped out in order to keep it dry. Staff will pursue the necessary enforcement actions or mosquito control measures requested by Mr. Shaver. He requested that Mr. Shaver contact him directly when it becomes a problem again. t Ralph Halloran Post Road resident noted the following: 1. He has been addressing Storm water issues before Council for the past 15 years, and would like to point out some past mistakes. 2. There are 8,000 acres to the west of Avery Road to be developed in the next few years and the City cannot continue to do the same things with storm water as has been done with the Gorden property. There needs to be adequate storm water detention and retention. 3. In Perimeter Mall, there was no Storm water detention or retention. There is a lake there, but the Storm water does not run into the lake. He was told that the storm water would be stored in the parking lot drainage system. 4. P&Z approved the Metatec property landscaping plan with mounds and this resulted in five times more water coming into the ditch which was moved back from Post Road. Water from Wilcox Road drains into the same ditch. Another problem is that a 24-inch file was installed in the cattle crossing under Post Road to carry water to Mr. Halloran's property. Storm water regulations specify that you cannot increase the flow of water on the adjacent property. A City engineer indicated this was addressed, and P&Z approved it. 5. Regarding Indian Run Meadows pond, it cost the City $400,000 to correct this mistake and the developer $500,000 to correct it. It resulted in a hole in his property 8 feet deep and 20 feet wide as water poured out of the 42-inch tile. The storm water flows into the sanitary sewer; the storm water drain was never installed. 6. Recently, his neighbor obtained some fill dirt from the Metatec property and moved the dirt so that all of his Storm water drains onto Mr. Halloran's property. The heavy rain of a couple weeks ago left between 4 to 6 inches of water on his property, pouring off the hillside. No permit was issued for this earth moving. If the neighbor does get a permit for which he has applied, what will ensure that he corrects the problem? Deadlines are needed on permits and inspections should be done to ensure that the work is completed. 7. Dams are being built across a floodplain which backs up water onto his property up to 2- 1/2 feet deep. This violates the floodplain rules. Somehow, these issues need to be addressed. 8. The City had told him that Franklin County put in the file through the cattle crossing, the tiles down at the Thomas property, and another one west of Muirfield Drive . Franklin County installed them, however Dublin approved the drawings for those tiles. The water RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 10 Meeting DAYTON LEGAL BLANK CO.. FORM NO. 1014 Held August 5, 1996 19 from the Thomas property which will flow after completion of Emerald Parkway and the Gorden property development will adversely impact Coffman Park and the Willow Grove properties. Mr. Foegler stated that many of these concerns have been raised in other forums. Staff believes upon rechecking the analysis that the design and the improvements have been done , properly. Staff respectfully disagrees with Mr. Halloran's comments. Robert Bode 4760 Bright Road stated that water comes through his back yard and ponds as it makes it way to the corner of Riverside Drive and Bright Road. It comes from the next road north. Twelve years ago, when the upper part of Hanna Hills was developed, that Storm water, instead of being brought down Hanna Hills Drive, was allowed to be directed to the south and onto his property and some of his neighbors. At that time, it was legal. Presently, the City would likely require that it be retained or detained. He believes that Council needs to have a firm policy in dealing with developers, perhaps requiring them to assure by bond that their Storm water will make its way to the river without causing any distress to area residents and existing properties as they lay. The water also impacts the Browns' and Clarks' properties on Riverside Drive. The low area of his yard is normally dry and not a problem except during periods of heavy rain. He has observed a 12 inch pipe discharging from storm sewers on Hanna Hills gushing down toward his property during periods of heavy rain. Mr. Campbell asked that staff include this property in the study authorized by Council's motion since it is adjacent to the areas discussed previously. Council members agreed. ~ Mrs. Stillwell noted that Mrs. Driscoll had stated in her letter that Council needs assurances that developer's storm water plans work. Ms. Hide Pittaluga asked if posting a bond is a feasible solution. Mr. Smith responded that perhaps higher standards would be the solution. He is aware of no City that requires a bond posting to ensure that a Storm water plan works. Mr. Smith stated that before there can be a remedy, there must be a standard which can be enforced in a court of law. Mr. Campbell stated that he would want the Storm water consultants to include what type of after the fact liability can be established by the City. Perhaps an objective standard can be established for liability if performance bonds cannot be required. Mr. Smith stated that there is a large body of case law for these situations and this is a complicated issue in the state of Ohio. Mr. Foegler stated that the emphasis needs to be on what the City can do about modifying their design standards up front. The current MORPC standards treat every property parcel by parcel as they develop, and this is not a good way to manage the entire tributary as indicated by the consultants. The solution is to develop standards that are geared to the specific behavior of each tributary and the impact of development. The developer submits plans, staff then reviews them and signs them, stating that they are designed to the City's standards, he then builds them, the City inspects them and accepts them and they are maintainable for ayear -that developer has met his obligation. As long as he builds it in accordance with the approved plans, the City does not have recourse. Mr. McCash noted his concerns with the time frame for the completion of the study and the delay in implementing stricter guidelines, if they are recommended. In view of the large amount of development underway, inadequate guidelines could cause problems. He would like to speed up the process. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 11 Meeting DAYTON LEGAL BLANK CO.. FORM NO. 1014 Held August 5, 1996 19 Mr. Foegler responded that there is a tremendous amount of data collection involved in the Storm water study, and it is not feasible to complete the study sooner. Mr. Campbell noted that a letter has been sent to him regarding a problem with Bear Run drainage and staff is working to resolve the problem. In addition, he has received a letter describing a storm water problem in Lowell Trace, and he has given this to staff. Mrs. Halloran, Post Road resident noted that her husband is struggling to recover from serious brain surgery. She heard a staff member state that he respectfully disagrees with what was presented by Mr. Halloran. The next time she visits Council, she will retain an attorney for representation. They have spent years keeping their property like a golf course. This past spring, they were flooded out, losing trees and nearly losing fences from the debris from the stream. If one more flood occurs on their property, she will have the City presented with legal action. They have discussed this matter with attorneys and engineers and have been advised that they have grounds for a class action suit. At this point, Mayor Kranstuber indicated that Council will continue with the consideration of the remainder of the legislation portion of the agenda. Ordinance No. 73-96 - An Ordinance Amending the Annual Appropriations for the Fiscal Year Ending December 31, 1996. (Second reading) Mr. Hansley stated that this ordinance provides funding for the reorganization of the Service Department. The two portions of the reorganization not funded within the appropriations are the Director of Service position and the Facilities and Grounds Administrator position. These will be proposed for funding when the titles and job descriptions are completed. Staff is recommending adoption of this ordinance at this time. ~ Vote on the ordinance - Mr. Campbell, yes; Ms. Hide Pittaluga, yes; Mrs. Stillwell, yes; Mr. McCash, yes; Mrs. Boring, yes; Mr. Zawaly, yes; Mayor Kranstuber, yes. Ordinance No. 65-96 (further discussion) Mrs. Stillwell recapped the earlier discussion and noted that the emergency motion failed. Mayor Kranstuber suggested leaving the ordinance as previously submitted and allowing staff to administer the rentals. Staff understands Council's intentions after the earlier discussion. Mr. Smith stated that if it is the intent of Mrs. Boring to withdraw her amendment, a motion would be needed. At this time, the ordinance as amended is ready for vote. Mr. Campbell stated that a member who voted on the majority side would have to move for reconsideration of the motion. Mr. Zawaly noted that he made the original motion to amend and still feels it's appropriate. It merely provides that that the rental fee is $6 for Dublin residents and authorized Dublin City school district functions, and the rental fee during those hours for all others are $10.00. He indicated that he believes this is fair. Mayor Kranstuber then called the vote on Ordinance No. 65-96 as amended noting that it ~ failed as an emergency measure. "j Vote on the Ordinance - Mr. McCash, no; Mr. Zawaly, yes; Mrs. Boring, no; Mayor Kranstuber, yes; Mr. Campbell, yes; Ms. Hide Pittaluga, yes; Mrs. Stillwell, no. Ordinance No. 75-96 - An Ordinance to Adopt the Five-Year Capital Improvements Program for the Years 1997-2001. (Second reading/public hearing) Mr. Hansley stated that it is staff s belief that they have satisfied all the requests of the Finance Committee. He will defer to the Chair of the Finance Committee to comment. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 12 Meeting DAYTON LEGAL BLANK CO., FORM NO. 1074 August 5, 1996 Held 19 Mr. Zawaly stated he has reviewed the memo and it addresses the requests that were made. He believes that each Council member needs to determine whether or not that which has been presented is in agreement with what was said during the CIP meetings. They are not actually adopting the actual schedules with this ordinance, and there may be some desire to adjust certain aspects -for example, the Coffman Park development from one year to another based upon discussion. Mr. Hansley explained that what will happen with the adoption of this ordinance is that it will allow staff to begin work on the 1997 operating budget under the assumptions for cash projects for 1997 from the 5-year plan. The adjustments could be done tonight or during the budget discussions in the fall. Mrs. Stillwell noted that she would prefer not to have that discussion tonight. Mrs. Boring noted that she had asked during the CIP meetings about the bridge crossing in Dublinshire and whether that is included in the funding for 1997 under Parks. Mr. Hahn stated that it is anticipated that it will be part of the recommended projects that will fall under the $150,000 allocation for bike path additions. Ms. Hide Pittaluga stated that due to the late hour, she does not want to continue deliberation. She would like Council to consider adopting some kind of 11:00 rule. She then left the meeting, asking that she be excused. Mr. Zawaly noted that the items contained in the memo have not yet been incorporated into the proposed CIP document. Mr. Hansley responded that the assumption is that upon approval of the amendments, the corrected pages will be furnished to Council as a final document. The final document then becomes the exhibit to the ordinance. Mr. Zawaly asked if Council had consensus as to what was contained in the memo from Finance. Mrs. Boring suggested that this hearing be adjourned until the next meeting for further discussion. Mrs. Boring moved to adjourn Ordinance No. 75-95 until the next scheduled Council meeting. Mr. Zawaly seconded the motion. Mr. Campbell requested that Council have the new pages before the vote on the ordinance. Mr. Zawaly stated that he has some questions that he will direct to Ms. Grigsby, and asked other Council members to direct questions to her as well. Vote on the motion - Mr. Zawaly, yes; Mr. Campbell, yes; Mayor Kranstuber, yes; Mrs. Boring, yes; Mr. McCash, yes; Mrs. Stillwell, yes. Wally Maurer asked a question at this time regarding closed sessions and executive sessions. Several members of Council, including Mr. Campbell and Mr. Zawaly explained to Mr. Maurer the circumstances under which issues may be discussed in closed sessions and further explained that tonight's ordinances were not discussed in executive sessions. Mr. Hansley noted that what he believes Mr. Maurer is suggesting is that in the future, when Council adopts an ordinance, if anything in that ordinance was ever discussed in executive session, he would like it indicated so that it becomes part of the record. Mr. Maurer confirmed that this is what he is requesting. Mayor Kranstuber suggested that this entire issue be dealt with in the updated Rules of Order and thanked Mr. Maurer for his suggestion. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 13 Meeting DAYTON LEGAL BLANK CO.. FORM NO. 1014 Held August 5, 1996 19 Mrs. Stillwell commented that staff is doing an inventory of available land based on previous discussion by Council regarding land acquisition. She suggested that a meeting be scheduled to discuss land acquisition, criteria for acquisition, etc. in September and asked the Clerk to check the schedule. There was no objection from Council. Mr. Hansley noted that he believed that will be addressed within the context of the Community Plan. Mr. Campbell pointed out to him that the Community Plan Steering Committee is not aware that this has been assigned to them. He will check into this. He suggested that Council discuss land acquisition in an executive session format. Resolution No. 26-96 - A Resolution Appointing Members to the Transportation Task Force. Mrs. Boring introduced the resolution. Mrs. Stillwell announced the candidates who have been selected for appointment to the Transportation Task Force. Dublin business representatives are: Georgia Brown, OCLC; Tim Barton, AT&T/Lucent; Dave Feusner, Wendy's International; and Mark Gialluca, Duke Realty. Resident representatives are: Elena Constantine, Rick Gerber, Toe Kindler and Randy Roth. Vote on the Resolution -Mrs. Boring, yes; Mr. Campbell, yes; Mr. Zawaly, yes; Mrs. Stillwell, yes; Mayor Kranstuber, yes; Mr. McCash, yes. Ordinance No. 78-96 - An Ordinance Providing for the Issuance and Sale of $8,900,000 Notes, in Anticipation of the Issuance of Bonds, for the Purpose of Paying Costs of Improving the Vehicular Transportation System in the City by Constructing, Reconstructing, Extending, Opening, Improving, Widening, Grading, Draining, Curbing and Changing the Lines of Municipal Roads, Highways, Streets, Bridges, Sidewalks, Bikeways and Viaducts, Acquiring Real Estate and Interests in Real Estate Therefor, and Providing Lighting Systems and All Other Necessary Appurtenances, and Declaring an Emergency. (Emerald Parkway Phase 1 and 2). (Introduction & First Reading) Mayor Kranstuber introduced the ordinance. Mayor Kranstuber moved to declare an emergency and dispense with the public hearing. Mrs. Boring seconded the motion. Mr. Coleman stated that the reason for the emergency is the need to renew the notes. Vote on the motion - Mr. McCash, yes; Mrs. Stillwell, yes; Mr. Campbell, yes; Mr. Zawaly, yes; Mayor Kranstuber, yes; Mrs. Boring, yes. Vote on the ordinance - Mr. Zawaly, yes; Mrs. Stillwell, yes; Mayor Kranstuber, yes; Mr. Campbell, yes; Mrs. Boring, yes; Mr. McCash, yes. Ordinance No. 79-96 - An Ordinance Accepting the Lowest and Best Bid for the Dublinshire Greenway Project, and Declaring an Emergency. (Introduction & First Reading) Mr. Hansley stated that staff is recommending adoption of this ordinance by emergency because of the time frames of the bids. Mrs. Stillwell asked if acceptance of this project includes the portion on Conleth Circle where the residents had concerns about its design. Mr. Hansley stated that that portion of the project has been eliminated. Mr. Hahn confirmed that this ordinance does not include the path between the two residences and that portion is under further design. Mrs. Stillwell then introduced the ordinance and moved to dispense with the public hearing and to treat Ordinance No. 79-96 as an emergency. Mrs. Boring seconded the motion. Vote on the motion - Mr. Zawaly, yes; Mr. McCash, yes; Mr. Campbell, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Mrs. Stillwell, yes. Vote on the ordinance - Mr. Zawaly, yes; Mrs. Stillwell, yes; Mayor Kranstuber, yes; Mr. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 14 Meeting DAYTON LEGAL 9L4NK 00. FORM NO. 1014 Held August 5, 1996 19 McCash, yes; Mr. Campbell, yes; Mrs. Boring, yes. Ordinance No. 80-96 - An Ordinance Providing for a Change in Zoning for 7.997 Acres of Land Located on the West Side of Avery Road, Approximately 1,100 Feet North of Dan-Sherri Avenue from: R-1B, Limited Suburban Residential District (Washington Township Zoning district) to: PUD, Planned Unit Development District. (Trees property) (Applicant: Mark W. Jones, on behalf of Patrick M. Grabill & Co.) Mrs. Boring introduced the ordinance and moved that it be referred to Planning and Zoning Commission. Mrs. Stillwell seconded the motion. Vote on the motion - Mr. McCash, yes; Mr. Campbell, yes; Mr. Zawaly, yes; Mayor Kranstuber, yes; Mrs. Stillwell, yes; Mrs. Boring, yes. Mrs. Boring then moved to take Resolution No. 07-96 from the table. Mayor Kranstuber seconded the motion. Resolution No. 07-96(Amended) - A Resolution Authorizing the City Manager to Convey aRight-of--Way Easement to the Ohio Bell Telephone Company Which Will Upgrade Service to the Summitview Road Area, and Declaring an Emergency. (Tabled item) Vote on the motion - Mr. McCash, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mrs. Stillwell, yes; Mr. Campbell, yes; Mayor Kranstuber, yes. Mr. Hansley stated that staff had discussions with the property owners in the area and with the utility company. The issue was the size of the utility boxes. In the meantime, Ohio Bell began negotiations with private property owners. Staff has undertaken negotiations to move this back to public property so the City could require landscaping. Mrs. Boring has worked ~ on the negotiations as well. The proposal is to locate the box within the Northeast Quad park, close to the existing water tower, with landscaping to the city staff s satisfaction. Staff is recommending that Council approve this resolution tonight. Mrs. Boring noted that an amended version was provided to Council tonight. She then moved to amend Resolution No. 07-96 and treat it as an emergency. Mr. McCash seconded the motion. Vote on the motion - Mr. Zawaly, yes; Mrs. Boring, yes; Mrs. Stillwell, yes; Mr. Campbell, yes; Mr. McCash, yes; Mayor Kranstuber, yes. Mr. Hansley assured Council that there are no aggrieved parties as a result of removal from the table and vote upon the resolution tonight. Vote on the resolution - Mr. Campbell, yes; Mrs. Stillwell, yes; Mrs. Boring, yes; Mr. Zawaly, yes; Mayor Kranstuber, yes; Mr. McCash, yes. Discussion followed regarding whether to adjourn to executive session as previously scheduled. Mr. Hansley stated that staff is dropping its request for the land acquisition executive session tonight. The personnel matter relates to informing Council of the resignation of Bob Lesiacsek, the City's Information Services administrator. He is leaving in two weeks. Mayor Kranstuber adjourned the meeting at 12:15 a.m. -2z Mayor -Presiding Officer L C~-°~~~ Clerk of Council