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HomeMy WebLinkAbout03/15/1993 Minutes of RECORD OF PROCEEDINGS Dublin City Council Meeting Meeting DAYTON LEGAL BLANK co., FORM NO. 10148 Helti March 15, 1993 19 The regularly scheduled meeting of the Dublin City Council was called to order by Mayor Jan Rozanski at 7:30 p.m. on Monday, March 15, 1993, and Mr. Campbell led the Pledge of Allegiance. Members of Council present for roll call were: Mr. Campbell, Mr. Sutphen, Mr. Strip, Mr. Kranstuber, Mayor Rozanski, Mr. Amorose and Mrs. King. Mr. Hansley, City Manager, and Mr. Banchefsky, Assistant Law Director, were also present. Approval or Minutes or March 1. 1993 Meetinl: Mr. Amorose moved to approve the minutes of the March 1, 1993 Council meeting. Mrs. King seconded the motion. Vote on the Motion - Mr. Kranstuber, yes; Mr. Campbell, yes; Mrs. King, yes; Mayor Rozanski, yes; Mr. Strip, yes; Mr. Amorose, yes; Mr. Sutphen, abstain. Correspondence The clerk reported that there was no correspondence to Council. Comments rrom Visitors Thalia Johannsen and Barbara Burkholder. Mayor's Child Care Advisory Task Force, addressed Council thanking them for their support of the group over the past two years. Barbara added that the second edition of the child care directory , Wee Folk, will be published shortly. - Le2islation Ordinance No. 117-92 (Amended) - An Ordinance Providing ror a Change or Zoning or 79.385 Acres, Located 200 Feet + 1- North or Summitview Road, on the East Side or Club Road (not built) Abutting the East Edge or the O'Shaughnessy Hills Subdivision, to be Rezoned rrom: R-l, Restricted Suburban Residential District to: PLR, Planned Low Density Residential District. (public Hearing - Second Reading) Mayor Rozanski requested that opponents and proponents come forward and sign in. Registered as proponents were Bill Denk, Jerry Turner and David Ruma. Registered as opponents were Ralph Halloran and Bob Pappas. Randy Roth, East Dublin Civic Association, requested to speak in regard to this issue. Ms. Clarke stated that this is a rezoning petition. The request in the first ordinance submitted to Council was to rezone 80.9 acres from R-l to R-2. The applicant has since resubmitted his request with a change of zoning to the PLR district. Staff therefore requests that Council amend the ordinance which was originally submitted. It is still 80.9 acres and is located in northeast Dublin. She showed aerial and ground slides of the site. '" This application has been reviewed by the Planning Commission at several meetings. The proposal is to build 90 lots on 80.9 acres with a density of 1.1 units per acre. The lots are generally 100 feet wide or wider with substantial no-build zones on the backs of them to preserve the wooded areas to the rear. The street system proposes a vacation of Club Road, and access to this site would be through the Wedgewood development to the north, with a combined access road between this site and the Guzzo property, located immediately to the east. The Guzzo property does not have a current rezoning application, but development discussions with the property owner have taken place. The park requirement for this site is 6.63 acres. The developer has actually set aside 10.168 acres, including 6.8 acres of O'Shaughnessy Hills and 3.368 acres in the extreme northeast corner of the site. The northern tier contains the largest and oldest trees on the tract. A tree survey was included in the packet for Council's review. The park location and size has been the issue most debated with this application. A special subcommittee of the Planning Commission met with the developer to work out differences of opinion about the parkland set aside. The final agreement was for the section in the northeast corner of the site and this was found acceptable to the developer. By separate motion, the Planning Commission also recommended that City Council use its best RECORD OF Dublin City Council Meeting Minutes of PROCEEDINGS Page 2 Meeting DAYTON LEGAL BLANK co., FORM NO. 10148 Helti March 15, 1993 19 efforts to purchase additional parkland in the northern tier which contains the oldest and largest woods. The Planning Commission recommended approval of the proposal with ten conditions: 1. Submission of a tree survey for all trees over 6 inches in caliper for the areas located outside of the right-of-way and no-build zones, and identification of proposed utility service connections to minimize tree disturbance prior to any building permit application; ~ 2. Submission of additional information regarding tree preservation proposal and site layout procedures to maximize protection of wooded areas; 3. Approval by the Parks and Recreation Director of the park location(s); 4. Provision of appropriate walkway/bikepath and vehicular connection to the property to the east (Guzzo); 5. Submission of updated text to incorporate recent revisions and minimum development standards; 6. Verification of off-site access points, coordination with adjacent proposed street and utility systems, and approval of same by City Engineer prior to preliminary plat; 7. Submission of complete proposal for sanitary sewer service, subject to the approval of the City Engineer, including location, future Dublin connection, if appropriate, identifying easements, resolving funding and future connection issues; 8. Submission of traffic analysis and appropriate implementation strategy by a registered traffic engineering consultant as requested by and subject to the approval of the City Engineer; , 9. Design of proposed water distribution system to meet requirements of the City Engineer and the City of Columbus, including proof of adequate pressure; and . 10. Design of stormwater management program to meet MORPC and Dublin design requirements and subject to the City Engineer's approval. The Commission's recommendation for approval was unanimous. They also passed unanimously a second motion, encouraging Council to purchase additional parkland in this area. Prior to the time when preliminary plat will be considered, staff believes it is important to resolve two issues: 1. Sanitary sewer service - This is in the area north of Summitview Road which could be serviced by the Delaware County system. This issue should be absolutely resolved prior to preliminary plat submission. 2. A traffic study along with the traffic data which indicates appropriateness of site access as configured should be submitted by the applicant and approved by the City Engineer. Bill Denk. partner in the Boston Development Company, addressed Council. He explained that the developers met with the residents in the area several times. The residents' four main concerns were traffic, stormwater runoff, density and tree preservation. Regarding traffic, residents were concerned about any additional traffic from this subdivision exiting to Riverside Drive. Thus the street system was designed so that a street to the north would connect with the existing Wedgewood streets in such a way that it would not become a thoroughfare for Wedgewood. Arrangements were made with the property to the east, the Guzzo property, to come out through the Guzzo property and then combine with his vehicular traffic to exit on Summitview. There is good visibility both east and west on Summitview. *' Detention basins were put in throughout the subdivision to slow the velocity of the water runoff. There is a detention basin in the park area where they expect to install a water feature. They are hopeful of alleviating some existing stormwater runoff problems for several houses on Riverside Drive. $ The previous plan had more density than the one now proposed which is 1.1. This density will be similar to that of W edgewood. He corrected Ms. Clarke, stating that there are 91 units on the plan instead of 90. Regarding tree preservation, he stated that the northern end of the property has the largest trees. The final agreement calls for shortening a cul-de-sac and installing a tree preserve area there. There are also extensive no-build zones which will be protected during construction and forever after. They will be protected by subdivision covenants and deed restrictions. All of the utilities are in the right- of-ways to help preserve trees. The homeowners' plans will be reviewed, and the homeowners will be required to provide to the developer a survey of trees on their property that are six inches in caliper or larger. He added that they are in agreement with all 10 conditions imposed by the Planning Commission. RECORD OF Minutes of Dublin City Council Meeting PROCEEDINGS Page 3 Meeting DAYTON LEGAL BLANK CO., FORM NO. 10148 Helti March 15, 1993 19 Ralph Halloran. Dublin resident, addressed Council stating he has no personal or financial issue in this rezoning. His comments are based on the latest engineering drawing for stormwater detention design. The basic requirement of MORPC and City of Dublin stormwater regulations is that the rate of stormwater runoff should not increase because of development. Mr. Halloran believes the detention volume as designed is at least three times too small. There is also no design for the hardware of detention, i.e. size of lines for small detention ponds, outlet sizes for lines, or details about the detention hardware. He has requested this information from Mr. Turner and Mr. Ruma I seven or eight times. He suggests that Council demand an additional condition - that this design : detail be furnished as a part of this rezoning. Bob Pappas. 8444 Riverside Drive, asked Council to support the recommendations that parkland be acquired in conjunction with this rezoning. He would like to see everything north of the creek acquired to be preserved as forest. He thanked Mrs. King for her efforts on this issue. He has concerns about the lack of a plan to integrate the road or utility systems on this land with the adjacent property owners. He and property owner Mr. Hutchins are interested in obtaining sewer and water services. An additional issue is access on Riverside Drive from future development of the land. Randy Roth. East Dublin Civic Association, stated that they see tremendous merit in this proposal. . Overall, it fits in very well with the Community Plan. The organization still has concerns about the stormwater. Until they see more engineering plans, they cannot fully support the development proposal. There is a continued need for a decentralized Park and Ride program for this area. They will support the City's efforts to acquire additional parkland in this area. ; Mr. Kranstuber asked Mr. Foegler to address the detention issues raised by Mr. Halloran. Mr. Foegler responded that the next major step of review for this proposal is the utility and infrastructure-related plans for the area. At the time of preliminary plat, these design issues will be addressed. Based on the preliminary information submitted, the engineers believe that an adequate detention system is developable upon the tract. Mr. Campbell asked if Planning & Zoning approved this rezoning conditioned upon Council approving the purchase of $1,000,000 worth of parkland in the area. Mr. Sutphen responded that the Commission's approval was not contingent upon any later decision , of Council about the parkland purchase. Mr. Campbell asked how many trees will be preserved with this plan, and if the survey has been verified. Ms. Clarke stated that at the time of preliminary plat, the exact placement of the utilities will be determined, along with the tree preservation activities. It is staffs and the developer's intention to preserve as many of the large trees as possible. Mr. Campbell also asked about Condition #3, where the Parks Director approves the location of the park, and if Council should now specify the location of the parks as part of this approval process. I Ms. Clarke explained that Ms. Jordan had not had the opportunity to review the document which showed the configuration of the parkland prior to the Planning Commission meeting. Staff has no doubts at this time with the location as proposed. Mrs. King asked when the sediment control plan will be submitted. Ms. Clarke stated that this will be submitted at the time of preliminary plat. Mrs. King asked who will pay for the cost of the traffic light, if needed, at Summitview Road and the entrance to the Guzzo property. Mr. Foegler stated that the City Engineer has requested information from the developer regarding the impact of the traffic generated from this development on the intersection of Riverside Drive and Summitview and the possible warrant for signalization. The cost sharing would be addressed at the preliminary plat phase. The data must be submitted prior to any staff recommendation. Mrs. King asked for assurance that if the stormwater plan turns out to be inadequate, any RECORD OF Minutes of Dublin City Council Meeting PROCEEDINGS Page 4 Meeting DAYTON LEGAL BLANK CO.. FORM NO. 10148 Helti March 15, 1993 19 -----l-- remediation would be taken care of by the developer. Mr. Foegler responded that when public improvements are designed and accepted by the city, a maintenance bond is proposed by the developer which deals with failure of the improvements. If the city reviews and approves a design which later does not work out, there is no mechanism for requiring the developer to come back to change them. Mrs. King then directed this same concern to the developers and their representatives who were present. Jerry Turner. Vice President. Bird and Bull. consulting engineers, stated that they will design the stormwater management program in accordance with MORPC and City of Dublin requirements. They then will be approved by the City of Dublin's engineering staff. If it is designed in accordance with Dublin's and MORPC criteria and then does not work, he would not commit the developer to any further steps. He further stated that if the system is designed inappropriately, and it is found that his firm did not design in accordance with the criteria but it was approved by the City, there is still recourse via his errors and omissions insurance. Mr. Turner then provided a brief explanation of the proposed stormwater management program for the area. Mrs. King asked for a response to Mr. Pappas' question about water and sewer availability for property to the west. ,Ms. Clarke responded that the answers will be provided about this at the time of the preliminary . plat. Mr. Amorose expressed concern about the Block 4 park of 6.844 acres which is almost half the size of Scioto park. There is limited access through the two bikepaths which come off of the cul-de-sacs. He asked about a possible provision for a parking area to allow residents to access the park, designing this so that it would not interfere with any detention basin construction. Ms. Jordan stated that staff would like to limit the number of cars entering off of Riverside Drive because of the visibility issue. Staff has worked with the developer for a wider access off the cul-de- sac to allow for limited parking in that area. There will be a need for access to the park areas for utility vehicles to service the detention basin, and possible parking in these areas. Mr. Amorose asked if there are plans to connect the 3.368 acres of parkland in the northeast area to parkland in the Guzzo property, and what type of access would then be provided to this other park. . Ms. Jordan responded that there has not been any formal discussion of this to date. Mayor Rozanski asked about the time frame for development of the Guzzo property. Howard Adams. 8445 Gullane Court. stated that they hope to file a plan yet this month. There has been a delay because of the wetlands issue being resolved by the Corps of Engineers. Mayor Rozanski commented that he is concerned that if this development is approved, there is no access from the City of Dublin to this site for maintenance vehicles without going through the Wedgewood development in Delaware County. Ms. Clarke stated that there is a letter in the rezoning packet stating that the party who develops first will put in the access road. : Mayor Rozanski suggested that this should be a condition of the rezoning, namely, that this access road be built in conjunction with the development. Regarding water and sewer services, Mayor Rozanski stated that the city has a policy that developers extend water and sewer lines to the adjoining property. This situation should be studied to see if the same guidelines should be used. Mayor Rozanski added that he is not pleased with the location of the parklands as they are not easily accessible to the public. RECORD OF Minutes of Dublin City Council Meeting PROCEEDINGS Page 5 Meeting DAYTON LEGAL BLANK co., FORM NO. 10148 Helti March 15, 1993 19 Mr. Amorose asked if the developer would be willing to sell the city not less than 20 acres of land in the heavily wooded northwest section, and whether this option could be left open for a year until the city could find a way to finance the purchase. Mr. Denk responded that they are willing to sell a portion to the city which is close to 20 acres. (He pointed out this area to Council and Ms. Clarke on the drawings.) They cannot leave this option open for a year, although they are willing to work with the city by offering terms for the sale. The developer must start the utility work this fall, and thus there is a four to six month time period for an option such as this. Mrs. King commented that she spoke to Charlie Ruma about the parkland issue last week,and he indicated that he was willing to sell to the city slightly in excess of 20 acres, which would include both sides of the creek. There would be some technical issues to be worked out. She appreciates the developer's willingness to continue these discussions. Ms. Clarke added that when the subcommittee of the Planning Commission met, one of their clear points of discussion was that whatever parkland is set aside for this site would have to be a stand alone project. There was also discussion at P&Z regarding the inappropriateness of seeming to tie Council's hands about this issue. They simply wished to make a recommendation regarding additional parkland. This plan stands on its own. Mr. Hansley commented that the condition regarding the current park locations can be modified by staff before the time of third reading, as suggested earlier by Mr. Campbell. There will be a third reading of the Ordinance at the AprilS Council meeting. i Mayor Rozanski announced that there will be a short recess of this meeting to allow time for the press to set up. The meeting was adjourned at 8:50 p.m. Mayor Rozanski reconvened the meeting at 9:00 p.m. Ordinance No. 19-93 (Amended) - An Ordinance Adopting Weapons and Firearms Regulations. (Third Reading) Mayor Rozanski invited Council members to make comments regarding the ordinance. Mr. Strip stated that there will be amendments offered to the legislation this evening. His remarks tonight are not intended for debate, but rather to explain why he has brought this legislation to Council and to explain his personal position. :f* He commented as follows: 1. There is a gun problem in our society or possibly a people problem with guns. A valid driver's license and the payment of $45 will allow anyone to purchase a gun on demand. 2. This is not an attempt to close the gun store in Dublin, Ohio and it is not brought in response to the ads for the gun store. 3. This legislation is not brought because of his own personal tragedy. Any gun laws passed five or ten years ago would not have spared his daughter's life. 4. He proceeded to read the headlines from Central Ohio newspapers from the past couple of weeks regarding gun crimes, concluding that Dublin can perhaps be a small participant in preventing these crimes with passage of this legislation. 5. This legislation has not been brought at the request of Columbus, although he has garnered the support of the Columbus community. 6. He noted that Time magazine and the New York Times have endorsed gun control. 7. He proceeded to quote statistics from around the country on the impact of gun control legislation on criminals who attempt to purchase weapons and statistics on the use of assault weapons used in crimes. 8. Thirty cities and counties have already enacted gun control legislation. 9. National legislation for gun control - the Brady Bill - has received the President's support. 10. A statewide gun control law was recently passed in Virginia. New York has had gun control legislation passed for some time. 11. Ninety-six percent of guns used in crimes committed in New York were purchased in states without waiting periods or background checks. 12. In Columbus, 125 assault weapons have been confiscated by the police department over the past three years as a result of drug raids or drug activity. In the same three-year period, 70 RECORD OF Minutes of Dublin City Council Meeting PROCEEDINGS Page 6 Meeting DArrON LEGAL BLANK co., FORM NO. 10148 Helti March 15, 1993 19 individuals were denied purchase permits for firearms. 13. Over the past two years, firearms have killed 60,000 Americans. Handguns account for 22,000 of those deaths. According to the Department of Justice, every 24 hours a handgun assailant raped 33 women, robbed 575 people and assaulted 1,116 people. 14. He received over 200 letters on this subject. Most were signed, articulate, and polite. He responded to all Dublin residents. 15. He rejects the notion that gun control is rooted in Nazi Germany. Gun control is prevalent throughout most civilized countries and throughout Europe. 16. This ordinance does not outlaw guns. It will not outlaw the sale or purchase of a handgun and does not outlaw possession of most guns in Dublin today. 17. Some have suggested that Dublin pass stronger criminal laws, but City Council does not have that authority. 18. He does not want to debate whether this is a second amendment issue. The courts will determine this. 19. For those who have suggested so, Mr. Strip stated that the bill is not Communist inspired; he is not a Communist. 20. Regarding the claim that this is an infringement of personal liberty, he agrees. Government regulations exist that govern all areas of our lives. me also noted that he is willing to suggest some compromises to the original proposed legislation. The following items are addressed in the amendments proposed this evening: 1. Removal of the section which creates a criminal offense by possession of an assault weapon. The section calling for registration of weapons and a fee per weapon for registration has been eliminated in its entirety. They have looked for a better definition of "assault weapon", but after consulting with the National League of Cities, the Bureau of Alcohol, Tobacco and Firearms, and the National Rifle Association, a better one was not found. 4. Another amendment has specific language addressing the police doing a background check during the seven-day waiting period. Mr. Strip then addressed several other issues raised by area residents. 1. Some have suggested that education in conjunction with the schools could reduce the need for this legislation. This goal can still be pursued with the passage of this legislation. 2. He noted that although Dublin residents in support of this legislation did not come forward and speak on this legislation, the letters he has received since that time acknowledged that they were supportive of the gun control measures and were afraid of retribution for speaking out in public. 3. Some say this issue is none of the City's business. Since the federal, county and state government have not dealt with this issue, it then become a local issue. Mayor Rozanski suggested that public comments be taken on the proposed amendments prior to any further Council discussion on the issue. Sign-up cards have been prepared for those who wish to speak for the amendments and against the amendments. He requested that non-Dublin and Dublin residents come forward to sign up to speak. Discussion followed about procedures for the public comment. Some suggested that Council has only now had any public discussion about the legislation, and it would seem appropriate to allow public comment following Mr. Strip's presentation. After additional informal discussion from the audience, Mr. Campbell proposed that Council allow additional testimony to be taken from the public with a three-minute time limit. Mr. Hansley noted that under Dublin's charter, Council may amend an ordinance at any time during the three readings without additional public comment or an additional public hearing. Council is proceeding well within the provisions of the charter regarding this legislation. Mayor Rozanski then asked those who wanted to speak, both Dublin and non-Dublin residents, to come forward and sign up for or against the ordinance. Based on the number who sign up, Council will then determine how much time each will be allowed to speak. Mayor Rozanski announced that 20 cards have been signed, all in opposition to the ordinance. He stated that Council will allow up to three minutes of comment from each speaker. RECORD OF Minutes of Dublin City Council Meeting PROCEEDINGS Page 7 Meeting DAYTON LEGAL BLANK CO., FORM NO. 10148 Helti March 15, 1993 19 . Ed Shineberger. 438 Edinburgh Drive. Dublin takes exception to the last sentence of the second I i whereas, where it states that weapons have no legitimate sporting value. As a collector of firearms, how does he sell a firearm in the City of Dublin to another gun owner without being considered a criminal? He takes issue with this type of regulation being imposed by the City Council. . Mark D. Riggs. 3245 Martin Road. Dublin, is appreciative that he will not be termed a "criminal" overnight, now that the ordinance will be amended. As amended, this legislation still does not address any conditions existing in Dublin or Dublin schools. The statistics can be debated. He questions the need for this legislation in the City of Dublin. If people from Columbus or New Jersey are coming to Dublin to buy guns, they should not be allowed to do so. He maintains that Dublin residents should not have these regulations imposed on them. Gary Mulder. 4802 Inisheer. Dublin, commented that his search of the Dublin Police Department records indicates that there is no documentation supporting any of the statements in the preamble in regard to assault weapons. Within the last 27 months, there have been 16 incidents classified by Dublin Police as gun-related. In two of these, the criminals reported they had a weapon, but none was observed. In a third one, it involved a bb-gun. The remaining 13 all involved handguns, only one of which could possibly be a weapon defined as assault weapon by this ordinance. He noted that he had suggested that an educational program be undertaken through the schools several months ago. He also noted that the criminal turned in for attempting to purchase a weapon was turned in by the Dublin gun store. Chris Cline. 6060 Post Road. Dublin, states that he supports the amendments, although he believes some further improvements could be made. He believes the amendments have eliminated the most onerous portions of the proposed legislation. He appreciates the compromises made by Mr. Strip and his willingness to be open regarding the issue. He urged Council to look closely at the concept of a "black list" of weapons. Phillip Rowe. 7322 Wings Livery Road. Dublin, commented that the amendments are fair and are a good start. He believes, however, that there is no compromise on this issue. It is unfair to law- abiding citizens to impose these restrictions. He appreciates the open forum in which these hearings were conducted. He felt very safe in giving his views to Council on this important issue. He noted that when drugs were banned, he is certain that the courtrooms were not filled with drug dealers pleading their cases. Dan Trees. 6201 Avery Road. Amlin. Ohio, stated that he is a Dublin resident and business consultant who has worked with Susan Davis, Davis Guns over the past 18 months. He is helping her to improve the image of the business. Regarding the discussion about the definition of an assault rifle, he submitted to Council this evening a copy of an article from The Journal on Firearms and Public Policy containing the military definition of an assault weapons, specifically stating that it be lighter and smaller than a standard military rifle; have a medium rather than high velocity round; and have select fire capability, that is being able to fire semiautomatic, fully automatic or burst fire modes. Council's definition of an assault weapon is a fabrication of the press. Regarding the background check now required in the amendment, he calculates the cost to be approximately 6 full- time equivalent police staff. As a taxpayer, he does not want to subsidize this. There is no problem in Dublin. This procedure could cost $250,000 to $270,000 per year, based on the City's loaded salary equivalents. .. , Steve Branam. 154 Corbins Mill Drive. Dublin, commented that the money to be spent on the administration of this unneeded legislation could be better spent on parkland, forest preservation, and other programs with a higher cost benefit for the citizens of Dublin. He encouraged Council to examine the need for this legislation and look closely at the costs. Charles Perin. 7232 Hopewell. Dublin, urged Council to vote against this unnecessary, burdensome legislation. He questions the validity of many of Mr. Strip's statistics, and added that statistics can be found to support both positions. He stated that, according to The Columbus Dispatch, no assault rifle, as defined by this ordinance, was used in any murders committed in Columbus this past year. He maintains that verifying background check information is time-consuming and often impossible in view of the confidentiality of some records. Regarding assault weapons, the list still contains one rifle, the Springfield M-l which is not magazine fed and does not fit the definition of an assault weapon. The list also contains one pistol - TEC 22 - which does not fit the definition because it is a 22 rimfire pistol. Charles Lambert. 4100 Summitview Road. Dublin, directed his comments to Mr. Strip. Why is II RECORD OF Minutes of Dublin City Council Meeting PROCEEDINGS Page 8 Meeting DATION LEGAL BLANK co., FORM NO. 10148 Helti March 15, 1993 19 someone with $45 to spend on a firearm incapable of using a gun properly, as asserted by Mr. Strip? Regarding headlines quoted by Mr. Strip, the crimes committed already have legal consequences. This ordinance will do nothing to solve the crime problem. He noted that it is important that not . one Dublin resident has spoken out in favor of this legislation. . Steve Kenyon. Lochmore Court. Dublin, noted that no Dublin residents have been interested enough to speak in favor of this legislation. Columbus City Council has expressed interest in the legislation, ; has invited Dublin City Council out to a range for a demonstration, and yet the people of Dublin have expressed no support of this ordinance. This is an unneeded, poorly written ordinance that infringes on the rights of law-abiding citizens of Dublin. Dublin does not need or want this ordinance, and Dublin will not be a better place to live because of this ordinance. William Campbell. 4937 Thornhill Lane. Dublin, commented that he has lived in Dublin since the 1970's. He is somewhat dismayed with police guarding the halls and all of the special arrangements made for media coverage this evening. He has received a gun from the federal government which will be banned in Dublin in the future. He is concerned with the regulations this ordinance will impose. Dublin will next want to consider regulating the private sale of 1962 through 1968 Chevy ,pick-up trucks. Gene O. Johnson. 8185 Dublin Road. Dublin, noted that on all coins of the United States is imprinted "liberty". The second amendment guarantees the right to bear arms. He believes that government is formed on four balances of power: executive, judicial, legislative and the armed citizen. His greatest threat is uncontrolled government. The citizenry standing as individuals, with the integrity of liberty will keep a constant awareness of those three agencies in meeting the needs I of the citizens and not for the special interest groups who can influence government. England has outlawed automatic loading weapons. The illegal weapons then had to be deactivated or destroyed. This creeping socialism clips off our liberty. As our coins wear away, so does our liberty. Gary Barnes. 5027 Crockett Drive. Hilliard, is supportive of removing the registration requirement, as proposed in tonight's amendments. Overall, he is still opposed to the whole ordinance. Waiting periods are not effective. He suggested an instant background check as an alternative measure to this legislation. The ordinance, as it stands now, is an infringement on the people's rights. i Bill Fowler. 4316 Kathryn Place. Grove City, stated that the amendments are good, but they don't go far enough. There should be an amendment addressing the personal protection aspect of owning a gun. Regarding the seven-day waiting period, he does not believe it works. He suggested that prospective gun purchasers be required to produce a voter registration voter card proving that they are not a convicted felon. A convicted felon does not have voting rights. If they don't produce this, and you still have to sell them the gun, tax them twice. Mark Gibaldi. 2547 Sawmill Forest Avenue. Columbus, applauds Council's efforts to try to reduce crime with this legislation. Mr. Strip previously stated that stricter criminal punishments for the use of a firearm would be effective, but that Council does not have the power to make this happen. He believes that the media does have the power to draw attention to this issue. He encouraged the media to be unbiased in their reporting of this issue, and to find the facts. He urged Council not to be influenced by the media in this decision, but to do what is best for the City of Dublin in their vote tonight. Tom Parknavy. 8798 Carters Mill Road. Plain City, wonders what kind of problems are occurring in the City of Dublin to necessitate including the list of explosives on Page Four of the ordinance. Bombs can also be made out of common fertilizer. He worked as a tool design engineer on the B-2 program for Boeing from 1989 through 1990. At that time, he was investigated by the FBI, fingerprinted, photographed, and $30,000 was expended to do these checks. He believes a person who has security clearance from the government such as this should be able to go to a gun store and purchase a common ordinary Army rifle, termed an "assault rifle" in this legislation. He does not . understand the purpose, reason or necessity for this ordinance. Chris Ives. 1437 B Cliff Court. Columbus, commented that he recently left active Army service to return to graduate school here in Ohio. He did not consider living in Dublin because of this pending legislation. He believes that no other issue is as rife with questionable statistics as is gun control. According to Florida criminologist Gary Kleck, every 45 seconds an armed citizen prevents a crime by using a firearm. There is little middle ground on this issue. There is much similarity between ,I this issue and a woman's right to choose. More laws mean less freedom. More prohibitions do not I I I RECORD OF Minutes of Dublin City Council Meeting PROCEEDINGS Page 9 Meeting DAYTON LEGAL BLANK co., FORM NO. 10148 "=~=""=,=c,~"-~ Helti March 15, 1993 19_ ! equal safer America or safer streets anywhere. A weapon is a tool like a hammer which can be used or misused according to the understanding of the person wielding it. He also asked Council to ! consider the human costs of a waiting period and prohibitions on abused spouses or threatened 'business people. Many southern Californians believed a waiting period was a good idea until the !riots broke out. Laws which sully logic and defy common sense decrease the respect of the :governed for their laws. i : Susan Davis. 5612 Longbow Lane. Columbus, stated that she speaks tonight as the owner of the only [gun store in Dublin - Davis Guns. All present this evening have the same concerns about crime. ! The ordinance will not stop murder. There are enough laws to punish criminals now. The system is faulty. Both she and her business have gone through a lot of changes over the past few years. : She urges Council to work with her to educate Dublin, Ohio, and anyone else about safe firearm handling. Karl Spaulding. 407 Shell Court E.. Whitehall. Ohio, stated that he has a degree in criminal justice : from OSU (1986), is a member of the Army reserves and could not attend the last Council meeting because he works Crimewatch escort service at OSU. He commented regarding criminological evidence reported by Mr. Strip. The statistics reported by Mr. Strip must be looked at more closely, i.e. how many people who were prevented from buying firearms because of the waiting periods were actual criminals and for what reasons were they denied those firearms? Most studies he has ,reviewed do not seem to show that gun control will reduce crime. He has previously distributed to Council studies concerning the ineffectiveness of waiting periods. Professor Gary Kleck has come to a similar conclusion in his book, Point Blank: Guns and Violence in America. He noted that the Cox study was a non-representative sample of trace requests. Because of publicity, the so-called "assault weapons" were sent in for traces more often than other firearms. Reducing crime can be better effected by community policing, block watch programs and teaching citizens about self- defense. Richard Hale. 1126 Slade Avenue. Columbus, stated that he represents The People's Rights Organization (PRO) which has 26 members in Dublin. For several years, PRO has sponsored responsible firearm ownership through education. He has attempted to reserve a Dublin city building to conduct such a course, but only an on-duty police officer is permitted to handle a firearm in a City of Dublin building under City regulations. The home firearms safety course is a 4-hour course which teaches safe handling of firearms, identification of different types of firearms and safe cleaning and storage of firearms. PRO is willing to provide this course to Dublin residents at no charge. PRO supports responsible gun ownership. Mayor Rozanski asked Council members for their comments. Mr. Campbell commented as follows: 1. Council has taken much time and effort to address this issue fairly. Either side of the issue can produce much documentation to support their posture. He has responded to calls and letters on this issue, as Council does work for the citizens. 2. This is not an effort to cause any particular person or business any undue difficulty. 3. He was not supportive of the original legislation which would have made ordinary citizens into violators of the law because of the ban against possession of these weapons. 4. He felt that he had a duty to protect law-abiding activity, but he believes he also has a responsibility to facilitate the control of crime or at least the abuse of firearms. 5. He remarked that he visited the Jefferson Memorial last week, and realized how lucky we are to live in this country where we have the right to debate constitutional issues. He particularly noted the quotation on the Jefferson Memorial relating to the importance of maintaining flexibility in the government in order to deal with changing times and changing technologies. Council's duty as legislators is to deal with changing times as best they can. People at that time could not envision the kind of firepower that our government has today. 6. He agrees that to be really effective, this issue must be dealt with on a national basis. But he believes, as someone recently testified, that local government is closer to the people and should begin this effort on a local level. 7. He is therefore in favor of the waiting period portion of this ordinance and the elimination of the registration and possession elements of the legislation. 8. The remaining issue which must be addressed is the definition of "assault" weapon. He is troubled that Council has not had expert testimony regarding the appropriateness of the exact language and the exact list contained in the ordinance. Perhaps a delayed effective date of the ordinance would allow the population and the gun store owner in town time to gear up for the new rules. He is interested in comments from Council about this. RECORD OF Dublin City Council Meeting Minutes of PROCEEDINGS Page 10 Meeting DAYTON LEGAL BLANK CO.. FORM NO. 10148 Mrs. King stated that she prepared her comments earlier today in an attempt to be concise. Based on testimony given this evening, she will offer some additional comment. Her comments were as follows: 1. It's time tonight to make a decision and explain Council members' positions to the public. There has been adequate time to become educated on this issue. She thanked each individual who took time to testify, to call, to write, to fax, to be involved. She has read all of the letters and spoken to anyone who called. A waiting period alone is not enough. The seven days must be used constructively to conduct a background check. Provision must be made for refusing weapon delivery under conditions compatible with federal law . She is interested in the possibility of instant background checks which allow elimination of a seven-day wait. This, however, could take months or years. The voter registration idea merits looking into. This issue points up the critical need for national legislation, such as the Brady Bill, to level the playing field. The definition of assault weapons could be amended to eliminate the high quality competition firearms. Mr. Strip and staff have searched for a better definition. She has asked Dublin residents opposed to the provision to redraft the list, but they have not done so. Any firearm in the wrong hands could constitute an assault weapon. There are legitimate reasons for owning a weapon - hunting, target shooting and collecting. Some would add self protection, but aside from some store owners there is not much need for this here in Dublin. Dublin is the safest suburb in Central Ohio and Council is determined to keep it that way. The definition of assault weapon as contained has been tested and determined to be constitutional. She added that she has misgivings about this definition as does Mr. Campbell. 10. She supports the deletion of the section calling for the possession of weapons to be a criminal act. 11. It is clear that more could be done to educate the public regarding gun safety. She would support an amendment to the ordinance requiring proof of gun safety education before purchasing a firearm in Dublin. But while she believes safety education is important, it would be a material departure from gun control ordinances which have been held to be constitutional. She is unwilling to distract the city staff and divert essential city revenues to achieve the legal forefront on the gun control issue. 12. Dublin is a part of a wider community, and has a responsibility to the region as well. 13. Regarding the lack of Dublin residents speaking out in favor of gun control, there are two factors involved: 1) concern about being visible to the opponents; and 2) confidence in Council's judgment, coupled with the assumption that Council would support reasonable gun control. 14. For years, members of the community have been concerned about the content of newspaper ads promoting gun sales clearly aimed at attracting criminals to our community to purchase weapons. While the management and ads of the gun store have changed, the public mood has not. 15. Dublin residents overwhelmingly support gun control. The proposal before Council is not perfect, but it is an important and reasonable step in the right direction and is constitutional. 16. There are more important priorities in the community such as long-range planning, economic development, capital improvements, and natural areas preservation. 17. She urges other Central Ohio communities to adopt similar legislation. She is hopeful that congressional representatives can put partisan politics aside long enough to adopt the Brady Bill. 18. This Council has a proud tradition of voting on tough issues. We will do so again tonight with great respect for each other and the public we serve. iill!lt'F.""l Q- March 15, 1993 Helti 19 9. He personally is in favor of the waiting period which will help to minimize or eliminate the risk of abuse of the weapons. He is in favor of the amendment to delete the prohibition on the possession and to delete the registration requirement. He is still somewhat troubled about the remaining issue of the definition of assault weapons. Me. Sutphen stated that he would prefer to say that he has no comment this evening, but he believes Council deserves to hear some comment from him on this issue. 1. He believes Me. Gene Johnson stated very eloquently what Mr. Sutphen feels about this subject. 2. He is opposed to the ordinance as written. Canada has much stronger gun control ordinances, calling for a 30-day waiting period. 3. He believes that this issue is a federal issue which should be addressed at that level. RECORD OF Dublin City Council Meeting Minutes of PROCEEDINGS Page 11 Meeting DAYTON LEGAL BLANK co., FORM NO. 10148 :;;.:;;:~::.:::-:=:=:=:~~===-~ Helti March 15, 1993 19 Mr. Amorose believes this issue is quite complex. It has been a real education reading the views of those opposed as well as those in favor of the legislation. 1. He is in agreement with the comments made by Mr. Campbell and Mrs. King. 2. He feels that society has changed a great deal, and it is important to make a statement and make it known to the federal government that problems exist. The problems might not be in Dublin, but they are certainly creeping in this direction. As cities and suburbs grow larger, he sees no end to this abuse of the use of firearms. 3. This ordinance is by no means perfect. He is not comfortable with some parts of it, but it could be debated forever and still not be perfect. He supports the amendments which have been mentioned this evening. Mr. Kranstuber stated that he had prepared some comments, but there are pretty repetitive of what has already been stated by Mr. Campbell and Mrs. King. 1. He asked Mr. Banchefsky if there is any better way to define an assault weapon by referencing a federal agency list. This would provide for changing definitions. Mr. Banchefsky responded that staff has researched this issue, and according to A TF, the definition in the proposed ordinance is one of the better ones that they have seen. This list has been utilized in other ordinances in Ohio which have been upheld in the courts. 2. Mr. Kranstuber also commented that he spent time in the Supreme Court library researching local gun control ordinances. In 90 percent of cases, they have been upheld. The Columbus ordinance which was more far-reaching, banning not only the sale but the possession of assault weapons was upheld in the case of Soringfield Armory vs. City of Columbus in the Southern District Court Eastern Division. He applauds Mr. Strip and all staff members for the time they have spent with this issue. Regarding media bias, CNN reported last week that a national poll has shown that 95 percent of Americans support a waiting period for gun purchases. In spite of this view, the federal government has been paralyzed by the lobbying efforts of the NRA and has done nothing to address it. Hopefully, after passage of this legislation at the grass roots level, the federal government will take action. He added that the FOP and the National Association of Police Chiefs support a waiting period. .f.'!".' 3. 4. 5. Mayor Rozanski thanked all who were present for their cooperation throughout this entire process. He stated the following: 1. He is not comfortable with the list of assault weapons contained in the ordinance. He would like to see a group work on a better definition. He would like to see representatives of the City's legal department, the NRA, the Police department, the PRO, and Dublin resident Chris Cline meet to work on a better definition. 2. The waiting period should have no effect on the common and ordinary citizen purchasing a weapon. 3. He stated that he shares the views expressed by Mr. Campbell. 4. He again thanked the audience for their cooperation throughout the hearings. if,.,. Mr. Strip concluded, stating that: 1. The best statement of the evening was made by the PRO which is that they favor responsible gun ownership. This is what he is trying to do with his suggested amended ordinance. 2. If other communities pass similar legislation, the gun shop in Dublin's business will not be affected. He believes the responsibilities of a city do not end at the city limits. He noted that Virginia did not pass its legislation because of a problem in Virginia; the problems were gravitating to Washington, D.C. Virginia passed this legislation because they felt an obligation to their neighbors. 3. Guns will not be banned by this ordinance. There will be some inconvenience with the waiting period required for purchase of a gun. This is no different than regulations for prescriptions, for driver's licenses, for fishing licenses, etc. 4. Mr. Strip explained that much of the content of this ordinance is copied from an older ordinance which has been on the books for a long time. The parts being discussed this evening are those proposed to be added. 5. Top secret clearance given to someone at one time does not guarantee that they would qualify to buy a weapon today. They could have been convicted of a felony since that time. 6. He summarized what this ordinance will implement: a seven-day waiting period; a background check as suggested by Council members; and a restriction on the sale of certain weapons. ;\i,\o RECORD OF Minutes of Dublin City Council Meeting PROCEEDINGS Page 12 Meeting DAYTON LEGAL BLANK CO.. FORM NO. 10148 Helti March 15, 1993 19_ Ii ,I I '7. He understands Mr. Campbell's concern with the definition of assault weapon, and proposes that the effective date of this ordinance be 60 or 75 days after passage. This will allow someone, but not him, to propose a better definition. If it is a reasonable one, Mr. Strip will recommend adoption. He thanked the Mayor for his expert handling of the meetings on this legislation and urged Council to vote on the legislation this evening. i :1 :'8. [Mr. Strip then moved to amend Ordinance 19-93 per the version submitted this evening. I. Mr. Kranstuber seconded the motion. ;1 I'Vote on the Motion - Mr. Kranstuber, yes; Mr. Campbell, yes; Mrs. King, yes; Mayor Rozanski, 'i !iyes; Mr. Strip, yes; Mr. Amorose, yes; Mr. Sutphen, no. I Mr. Campbell moved to amend the effective date of this ordinance to 75 days. If, during this 75 : days, someone from Council feels that the weapons list needs to be amended, deleted, modified, or I added to, it can be done during that time. ! Mayor Rozanski seconded the motion. ! Mr. Strip stated that he supports this amendment. Mrs. King pointed out that she does not believe that a better list exists, if it has not been produced by now. Mr. Campbell emphasized that efforts by opponents have been spent in trying to convince Council not to pass any legislation instead of modifying the language of the definition. The issue of the gun control ordinance will not be revisited, but only the one point regarding the assault weapon list. Vote on the Motion - Mrs. King, no; Mayor Rozanski, yes; Mr. Strip, yes; Mr.Amorose, yes; Mr.Campbell, yes; Mr. Kranstuber, yes; Mr. Sutphen, no. Vote on the Ordinance - Mayor Rozanski, yes; Mr. Amorose, yes; Mr. Campbell, yes; Mr. Kranstuber, yes; Mrs. King, yes; Mr. Sutphen, no; Mr. Strip, yes. Mayor Rozanski adjourned the meeting at 11:30 p.m. for a short recess. The meeting was reconvened at 11 :35 p.m. Ordinance No. 20-93 - An Ordinance Authorizing a New Position (Communication Specialist) Within the Office of the City Manager and Amending Section 2.A ("Wage & Salary Structure/Administration") and Section 12 ("Exempt & Non-Exempt Job Classifications") of Ordinance No. 17-90 ("Compensation Plan"). (Third Reading) Mr. Hansley stated that the information previously requested by Council on this was included in the last packet. Mr. Harding can answer any additional questions from Council on this. Mayor Rozanski asked if there is an intern included in the budget at the present time. Mr. Hansley stated that the intern position was added back in the budget in January when the Communication Specialist position was eliminated. He confirmed that the staffing levels are currently the same as in 1992. Vote on the Ordinance - Mr. Campbell, yes; Mrs. King, yes; Mr. Strip, no; Mr. Kranstuber, yes; Mr. Sutphen, no; Mr. Amorose, yes; Mayor Rozanski, no. Ordinance No. 21-93 (A) - An Ordinance Authorizing the Appropriation of Funds for a Comprehensive Economic Development Plan, and Declaring an Emergency. (First Reading) Mr. Sutphen introduced the ordinance. Mr. Foegler stated that this appropriation provides the monies to implement the economic development study as previously discussed. I I, I Mr. Amorose moved to waive the three-time reading rule and treat as emergency legislation. Mr. Sutphen seconded the motion. RECORD OF Minutes of Dublin City Council Meeting PROCEEDINGS Page 13 Meeting DAYTON LEGAL BLANK CO., FORM NO. 10148 I' -r- Helti March 15, 1993 19_ Vote on the Motion - Mrs. King, yes; Mayor Rozanski, yes; Mr. Strip, yes; Mr. Sutphen, yes; Mr. Amorose, yes; Mr. Kranstuber, yes; Mr. Campbell, yes. Vote on the Ordinance - Mayor Rozanski, yes; Mr. Campbell, yes; Mr. Amorose, yes; Mr. Kranstuber, yes; Mr. Strip, yes; Mr. Sutphen, yes; Mrs. King, yes. Ordinance No. 22-93 - An Ordinance to &tablish an &timated Average Value of Land Per Acre for Park Fees in Lieu of Land Dedication as Required in the City of Dublin, Ohio Codified Ordinances Section 1l09.02(c), and to Amend Said Section. (First Reading) Mr. Amorose introduced the ordinance. Mr. Hansley commented that this procedure is done every couple of years in order to keep the values of parkland dedication consistent with inflation. I Ms. Jordan stated that the appraisal report has been attached to the ordinance. This will also be reviewed by the Planning Commission at their April meeting. Mrs. King noted that there is one aspect of the report to be clarified: the figure used in the report of $15,100 per acre for Wedgewood South is not accurate. The consultant is working on revising that, as part of the agreement was not reflected in the consultant's materials. Council should review all of the report to ensure that figures are correct. Ms. Jordan stated that the appraiser has been informed of this concern. Staff hopes to clarify this before the next Council meeting. Mr. Hansley stated that this ordinance should be referred to Planning Commission for a recommendation since it is a part of the Planning Code - Section 1109. Vote on the motion - Mr. Strip, yes; Mr. Sutphen, yes; Mr. Kranstuber, yes; Mr. Campbell, yes; Mrs. King, yes; Mr. Amorose, yes; Mayor Rozanski, yes. Ordinance No. 24-93 - An Ordinance Authorizing the Regulation of Traffic on Muirfield Drive and Other Roads in Muirfield Village During the Annual Memorial Tournament. (First Reading) Mr. Amorose introduced the ordinance. Lt. Geis commented that a more detailed plan will be offered at the time of second reading. The Muirfield tournament representatives will also be in attendance. Resolution No. 3-93 - A Resolution Adopting the City of Dublin's Goals for 1993 and Adopting a Status Report for Goals &tablished in 1990, 1991 and 1992. (First Reading) Mr. Sutphen introduced the resolution. Mr. Hansley stated that this comes as a result of Council's goal-setting retreat. Because of the issues raised by a couple members of Council about the content of the list, two versions are offered. Staff is recommending Version" A". Mr. Hansley asked for Council's input on some of the modifications he has prepared for goals established at the goal-setting session. .-v Mayor Rozanski asked that Council review these documents and forward their comments or questions to Mr. Hansley prior to the next Council session. Some of the goals listed had only votes of one or two members, and so perhaps they should not be included on the goal list. This will be discussed at the next Council meeting. There will be a second reading of this resolution at the April 5 Council meeting. Other Finance Committee's Hotel/Motel Tax ApDlication Recommendations RECORD OF Minutes of Dublin City Council Meeting PROCEEDINGS Page 14 Meeting Mr. Strip noted that several of the applicants are present this evening to address Council. He then read the list of the Committee's recommendations: 1. Division of Planning request for $2,000 for plantings at Chambers Park. Committee recommends award of $2,000 with the stipulation that this will be "seed money" only and not intended as an annual award. Division of Planning request for $7,000 for street trees on Bridge Street. Committee is recommending this award. Division of Planning request for $20,000 for Bridge Street boardwalk plantings. Committee is not recommending, as they believe this would be more appropriate as a capital project. Dublin Area Art League requested $1,250. Committee recommends $650, considering that part of their budget includes storage fees which could be reduced. Dublin Charity Cup Soccer Tournament requested $7,300. Committee recommends award of $3,000 to be used to purchase bleachers for the league which would then be turned over to the City for use also by the Parks and Recreation Department. This would be in the form of matching funds. Dublin Kiwanis Landmark Tree Program request for $31,920.70. Committee had concerns about this program, but since Mr. Johnson is here tonight, Mr. Strip will delay making his recommendation until after the presentation. Dublin Women's Club requested $25,000 and Council has already voted to award $12,500 to the group. Team Columbus Cycling requested $8,000 for the Dublin Cycling Challenge. The Committee recommends allocation of $8,000. The Aplastic Anemia Foundation requested $2,600 to $3,000 for a 5K Run. Committee recommends denial of this application, since it will not bring visitors to Dublin and will have little participation from Dublin. Division of Planning requested 10 "Welcome to Dublin" signs. Committee recommends purchase of two signs for $1,600. This may possibly be a capital project. USAthletes have requested $25,000 for a basketball shootout to be held in basketball courts throughout the City of Columbus. They plan to have their dinner in Dublin. Committee recommends denial since it is a Columbus event. American Cancer Society requested $10,000 for an event, "Making Strides Against Cancer." It will not bring visitors to town, and so the Committee recommends denial. Dublin Arts Council has requested $83,050 for programming costs. The Council has changed their budgeting to a calendar year, and this amount will see them through the transition. Committee recommends award of the full amount requested. The Ohio Arts Council no longer will provide $10,000 of funding as in the past, and thus the DAC will need additional local funding. Dublin Youth Athletics has requested $20,000 for the 14-year old CABA tournament. The Committee is recommending the award of $15,000 in the hope that they will eventually become self-supporting. Old Dublin Assn. requested $80,000 to continue the brick sidewalks along High Street. Committee recommends this award, with the stipulation that a meeting between the Finance Committee and the Old Dublin Association be held. Mr. Sutphen suggested that Council meet with the Association as a whole to discuss some concerns. Sharon Mennonite Church softball tournament. Committee recommends the award of $1,500. TeamColumbus cycling request for $52,000 for U.S. Cycling Challenge. Committee recommends $18,000 toward this project. UltraFit request for $1,000 for the Dublin Biathlon. Committee recommends award of $500. There are some questions to be answered regarding their financial statements. I' I'! Mrs. King asked if the recommended awards are specific in terms of what the monies may be used Jor. Ii ,I iiBrief discussion followed. Mr. Strip agreed that this could be done. Ii !I II Mike Cleveland. Dublin Wrestling: Club representative, addressed Council, stating that their 11 application has not yet received a response. !! II I; Ii Mayor Rozanski stated that the Finance Committee did not act on this application because the Club I' was to provide additional information to the Committee prior to any recommendation. The Club has I' not responded to that request. i ---._-----~=~~-'==-=,--- H'< '~ 111. I ,i 12. II II Ii 13. II ii II II II 1114. I 'I I' " I' 1115. 'I II il 'I II !I i!16. il Ii Ii 17. ii ,I ;i 18. ..,......,~ ... DAYTON LEGAL BLANK CO., FORM NO. 10148 Helti March 15, 1993 19 2. 3. 4. 5. 6. 7. 8. 9. 10. I I Mr. Strip responded that Jim Ball had attended a Finance Committee meeting in regard to this i I I RECORD OF Minutes of Dublin City Council Meeting PROCEEDINGS Page 15 Meeting DAYTON LEGAL BLANK CO.. FORM NO. 10148 Helti March 15, 1993 19 " application and participated in a one hour review of the application. Mr. Mamais was to attend the . second meeting regarding this application. Mr. Mamais called Mr. Strip when he could not attend . the meeting, and Mr. Mamais was to return to the Committee with additional information. Mr. Strip sent a letter to Mr. Mamais regarding the application. I Mr. Cleveland stated that he, as the applicant, should have received a response from the Committee I . ! and not Mr. MamalS. , [Discussion followed. [Mrs. King recommended that Mr. Cleveland work with the Finance Committee to resolve the issues i about this application. IMr. Strip apologized for any miscommunication, but stated that the Committee assumes that anyone !representing himself as a spokesperson for a group is authorized to do so. I i Mayor Rozanski noted that the Dublin Kiwanis requested to make a presentation tonight regarding ! their Landmark Tree Program. I , I !Dublin Kiwanis Landmark Tree Program Presentation , I I Gene Johnson. Dublin Kiwanis Club, stated that they are offering the City of Dublin the opportunity i to become a landmark community, in that all trees larger than 24 inches would be catalogued and I entered into the GIS data base at the City of Dublin. He plans to use volunteer groups, laccompanied by a professional, to each take one of 99 maps of the City to identify, caliper, log, !locate and describe each tree larger than 24 inches. These would go into the data base, giving the I City the most sophisticated data base on forestry in any urbanized community in the state of Ohio I and possibly the nation. A budget has been included with the application, along with a letter of I support from the Ohio Forestry Association. He asked that Council give them the opportunity to I turn Dublin into a landmark community. ! I Marcia Wood. Parks and Recreation Committee, stated that the Landmark Tree Program is a first i step in the tree preservation process for Dublin. She believes this is a very exciting and innovative I program. It will educate citizens and instill in them a deep appreciation of trees. She believes the I hotel/motel tax fund was established to improve the quality of life for Dublin residents, citizens and I visitors. Trees definitely enhance the quality of life. The Landmark Tree Program will draw Inational attention in the same way as the greenspace ordinance has done. She asked for Council's I support for this program. I I i Elliott Schaffer. Tree and Landscape Advisory Commission. stated that he is here tonight ! representing the City's oldest citizens - the trees. The value of trees as a natural resource cannot !truly be estimated without the funding for this project. This is Dublin's "Field of Dreams", and "if I you fund it, they will come." The record turnout for the Tree City USA program last year is an I indication of the interest in horticultural programs. All cities contacted around the country about !their large tree programs expressed keen interest in Dublin's proposed programs. This inventory !will promote the awareness of Dublin's oldest citizens, can raise property values, can save ! developers money, and can bring recognition to Dublin as well as help Council to identify the City's i natural resources. Mayor Rozanski commented that two members of the Finance Committee did not believe this project met the criteria for bed tax funding, although they felt it was a worthy project. Mr. Amorose believes that with some imagination, it meets the bed tax criteria as well as some other programs have in the past. Identifying the trees will help to preserve the trees as natural resources. He added that the Kiwanis have an excellent track record on projects such as this, and are willing . to contribute their time and energy to the community. It will bring visitors to the City, as there are a tremendous number of people interested in horticulture. TeamColumbus Presentation . Wes Audsley. TeamColumbus, stated that he is their official representative. He stated that he is here to discuss the application for the US National Cycling Championships. The dates for this event are June 11 to 20, and five of the seven competitions will take place here. TeamColumbus has chosen Dublin as their preferred location for the events because of the tremendous support provided bye II Ii I 'I Ii II II !I II II I, II II II II II if !I !! " I: i: Minutes of RECORD OF Dublin City Council Meeting PROCEEDINGS Page 16 Meeting OAYTON I FGAI BLANK CO. FORM NO. 10148 Helti March 15, 1993 19 Dublin. The U.S. Cycling Federation did a site visit two weeks ago to Dublin. The 1993 Championships are a stepping-stone event toward hosting the Olympic Trials in 1996. Dublin will get regional and national exposure from hosting the US National Cycling Championships. The recommended $18,000 award from the Finance Committee is a minimal amount which will enable the group to put on the event, but Mr. Audsley requested additional financial support from the City of Dublin to enhance marketing and promotional efforts for the events. Mr. Kranstuber stated that he believes an additional appropriation would be in order for this event which will bring lots of hotel guests to Dublin and which will have a good future here in Dublin. More discussion followed about the type of commitment from this organization for future events. Mrs. King commented that she would be interested in promoting certain aspects of the event which promote Dublin regionally and nationally versus local promotion in the schools. Mr. Kranstuber agreed with Mrs. King, and proposed that the amount of $25,000 be awarded. Mr. Campbell stated that he would like to see figures regarding the marketing costs to consider an additional appropriation over the $18,000 recommendation. Mrs. King recommended adoption of the Finance Committee's recommendation of $18,000 this evening. If Mr. Audsley works with staff for endorsement of a budget for additional marketing expenditures, Council could then make a decision on any additional award. Mr. Campbell confirmed that Mr. Audsley should provide staff with supplemental information regarding advertising costs, and staff can then determine what would be an appropriate recommendation. From tonight's discussion, it appears that an award in the mid-20,000 range would be considered. Mr. Strip stated that the Finance Committee had three meetings of 3 to 4 hours each for bed tax application review. The process is still being fine-tuned. Mr. Hansley stated that Mr. Foegler has concerns on behalf of his department regarding the Landmark Tree Program. The program will potentially have high levels of staff involvement for digitizing the information gathered in the field. Other programs, such as storm water management and water/sewer have higher priorities at this time. There will thus be a lag time in digitizing and producing a document from the information gathered through the Landmark Tree Program. Mr. Campbell moved to amend the recommendations of the Finance Committee to award the Dublin Kiwanis $30,920.70 for the Landmark Tree Program and to allow TeamColumbus the opportunity to return for further review on additional marketing costs, if they choose to do so. Mr. Kranstuber seconded the motion. Vote on the Motion - Mr. Sutphen, yes; Mayor Rozanski, yes; Mrs. King, yes; Mr. Amorose, yes; Mr. Kranstuber, yes; Mr. Strip, yes; Mr. Campbell, yes. Vote on the Amended Finance Committee recommendations - Mr.Amorose, yes; Mr. Kranstuber, yes; Mr. Strip, yes; Mr.Campbell, yes; Mr.Sutphen, yes; Mayor Rozanski, yes; Mrs. King, yes. Reports from Council Committees Mr. Kranstuber, Land Use Committee, reported that the Committee met recently with Mr. Foegler and a report on the meeting is included in the Council packet. Comments from Staff Mr. Hansley praised the Mayor and staff for the difficult decision regarding cancellation of the St. Patrick's Day parade due to weather conditions. He credited Ms. Puskarcik, Lt. Geis, Danny Johnson and all City staff members for their excellent response to the situation. Mr. Foegler noted that Planning Commission had imposed a condition at the final development review for the new high school that the street lights and traffic signal cost sharing be resolved. Mr. Foegler had an initial meeting with the entities involved today. Because this was not initially I required of the developer at the time of rezoning, staff is proposing a 50 percent City contribution and 50 percent of the remainder of the cost to be shared by the developer and the school system. RECORD OF Minutes of Dublin City Council Meeting PROCEEDINGS Page 17 Meeting DAYTON LEGAL BLANK co., FORM NO. 10148 Helti March 15, 1993 19 Regarding the traffic signal, since this is largely a result of traffic generation needs of the high school, the maximum public/City contribution would be 25 percent, with 75 percent of the costs to be worked out between the developer and the high school. Traffic signal maximum cost, including design and installation, is estimated at $90,000. Street lights for the entire project will cost approximately $200,000. Thus there would be a maximum $100,000 contribution for the street lights, and a maximum $20-25,000 for the traffic signal. Brief discussion followed about the Planning Commission minutes regarding this issue. Mr. Foegler clarified that Planning Commission understood that they had no authority to obligate i Council to any expenditures on this. The Commission's approval was conditioned upon the lights and signals being installed, however they are paid for, and this would probably involve some cost , sharing. Staff agrees with this conceptually, and believes that cost sharing makes sense. There will be more information brought to Council about this at the next meeting. Ms. Jordan stated that the new spring/summer brochure was included in the Council packets. The registration for spring programs is scheduled for Saturday, March 20. There will be extended hours since the parade is now rescheduled for Saturday. Ms. Grigsby reported that Finance Division investigated the feasibility of refunding some of the previously issued debt. Investment bankers have determined that it is not in the City's best interests to refund any of the debt. Ms. Puskarcik reported that Joan Wall, reporter for the Dublin Villager is moving to the Lancaster Eal!le-Gazette and will no longer cover Dublin. The Definitely Dublin merchandise sold well at the Chamber party. Many of the vendors for the St. Patrick's parade have assisted the City by not billing for their services or by billing for labor only since the event was cancelled. Mr. Thurman noted that two additional bed tax applications were received prior to the March 15 deadline. These will be forwarded to Council. Chief Ferrell thanked Council on behalf of the Police Department for passing legislation regarding reasonable gun control. Council Roundtable Mr. Sutphen reported that he had a very productive breakfast meeting with four representatives from Old Dublin. Mrs. King asked about the status of negotiations with Columbus for water and sewer. Mr. Foegler responded that he recently met with George Arnold, Columbus City Attorney Ben Drake, and Mitch Banchefsky to finalize the agreements. Staff expects to receive the final documents in approximately 10 days. There were no substantive changes involved. The map prepared previously is still the official map on the table. Mrs. King thanked everyone for their cooperation during the gun control hearings. Mr. Strip thanked staff, the Police Department and Council for their efforts during the gun control hearings. He thanked staff for their work on the bed tax applications. He commented that the Definitely Dublin items are very impressive, and he has heard many nice comments about them. Mayor Rozanski noted that the decision to cancel the parade was a tough one, but he believes it was the right thing to do. The meeting was adjourned at 1:20 a.m. ~(1-~ Clerk of Council