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HomeMy WebLinkAbout04/05/1993 Minutes of RECORD OF PROCEEDINGS Dublin City Council Meeting Meeting DAlTON LEGAL BLANK co.. FORM NO. 10148 Helti April 5, 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, April 5, 1993, and Mr. Kranstuber led the Pledge of Allegiance. Members of Council present for roll call were: Mr. Kranstuber, Mr. Amorose, Mr. Campbell, Mayor Rozanski, Mr. Sutphen, and Mrs. King. Mr. Strip arrived at 7:40 p.m. Mr. Hansley, City Manager, and Mr. Smith, Law Director, were also present. Approval of Minutes of March 15. 1993 Meetin~ Mr. Amorose moved to approve the minutes of the March 15, 1993 Council meeting. Mrs. King seconded the motion. Mr. Campbell noted that on Page 16, where it states, "Mr. Campbell confirmed that he should provide staff...", it should instead say that "Mr. Campbell confirmed that Mr. Audsley should provide staff with ...." Vote on the Motion - Mr. Kranstuber, yes; Mr. Campbell, yes; Mrs. King, yes; Mayor Rozanski, yes; Mr. Amorose, yes; Mr. Sutphen, yes. Correspondence The clerk reported that a notice was sent to Council regarding aD-I, D-2 and D-3 liquor permit transfer from Chris' 161 on Cosgray Road for a proposed Santa Fe Restaurant at 6665-73 Dublin Center Drive. There were no objections to the transfer of this liquor permit. Comments from Visitors Chris Cline. 6060 Post Road. Dublin commented regarding the process used in the enactment of the recent gun control legislation. There was no staff report, no staff testimony, and no meetings with staff regarding the technical aspects of the legislation. Mr. Cline made the following recommendations regarding ways in which the process could have been improved: 1. A risk assessment of the municipality from firearms incidents should have been provided. 2. A professional staff report on the technical details and firearms laws already in place at the federal and state levels should have been given. 3. Justification for the legislation and a staff recommendation should have been made. 4. Council should have been presented with all of the facts regarding assault weapons by staff in a fair and impartial manner. 5. There should have been a recommendation from staff addressing the need in Dublin for this legislation, including the success or failure of other legislative attempts in other cities. .. Mr. Campbell commented that he recently met with Mr. Cline, Ms. Davis, Officer Keck, and other individuals who are opposed to gun control legislation. Mr. Campbell prepared a memorandum and distributed it to Council tonight. He asked that Council members review this and contact him if they are interested in further discussing the definition of assault weapon. Two other concerns were raised during the discussion: 1) there was no provision for any waiver of the requirement by the City Manager or Police Chief in a case where someone has an immediate need for a firearm; and 2) there was no provision, as there is in Florida, that if you already have a weapon and can verify you are lawfully in possession of it, the waiting period would not apply. Mayor Rozanski asked Council members to review the memorandum and contact Mr. Campbell if they have comments. Mrs. King expressed concern that there are members of the press in tonight's audience who may have not attended the previous meetings on the gun control legislation. The issues raised by Mr. Cline deserve a response. Mr. Strip stated that he would defer to Mrs. King to respond to Mr. Cline. Mrs. King believes that the committee process would have been beneficial for the gun control legislation. She added that gun control legislation is not now nor has ever been a voted priority of Council goals, but Council was willing to address the issue as members of a larger community since i II I Minutes of RECORD OF Dublin City Council Meeting PROCEEDINGS Page 2 Meeting DAYTON LEGAL BLANK CO.. FORM NO. 10148 ~ Helti April 5, 1993 19 it was brought before them and it seemed the right thing to do. She stated that a risk assessment was done, although not to the degree some members of the public would have preferred. The list of weapons has been tested in courts and upheld, and for this reason she does not believe the list should be amended. Mrs. King is not aware that Ms. Davis offered any amendment regarding an alternative on waiting periods, although there was ample time to do so. Mrs. King would like to see a perfect bill, but she is unwilling to reopen the gun control issue in view of the need to address r other goals of Council. Mr. Campbell responded that he is not suggesting that Council reopen this entire issue. He explained the differences between the Dublin legislation and the Columbus and California legislation which relate to the list of weapons and the definition paragraph of assault weapons. He asked legal counsel to further research these issues. The combination of lists and text that Dublin has leads to some conflicting language in the Code for Dublin. Again, he invited Council members to comment about how they wish to proceed. I Chief Ferrell commented that his department has met with Susan Davis, owner of Davis Guns to work out the administrative procedures for the new laws. He anticipates meeting with the city manager in the near future to layout the process. Wes Audsley. representative from TeamColumbus, addressed Council regarding additional funding for marketing and promotional expenses for the National Cycling Challenge. He distributed an information packet to Council members. He pointed out that the schedule may have to be changed for events scheduled in mid-week to the weekend because the City of Marysville is opposed to traffic being rerouted through their City on weekdays. The budgeted amount for marketing and promotions is for $33,915, and he is requesting 50 percent funding or $16,957 in addition to the $18,000 Council has already approved. He is not expecting a decision from Council tonight since they just received this information, but hopes that Council will revisit this application. Mr. Strip commented that he does not recall any grant this high for an event of this nature. He expressed concern about acting on information just received this evening. Mayor Rozanski asked that Council members give their comments to a member of the Finance Committee no later than Thursday noon. The Committee will then schedule a short meeting on Thursday or Friday, and have a recommendation for Mr. Audsley by the weekend. This recommendation would then come before Council at the April 19 meeting. Proclamation Mayor Rozanski read a Proclamation declaring the month of April as Fair Housing Month in the City of Dublin. Mr. Foegler accepted the proclamation on behalf of the Development Department. Le1!islation Ordinance No. 117-92 (Amended) - An Ordinance Providing for a Change of Zoning of 79.385 Acres, Located 200 Feet + /- North of Summitview Road, on the East Side of Club Road (not built) Abutting the East Edge of the O'Shaughnessy Hills Subdivision, to be Rezoned from: R-l, Restricted Suburban Residential District to: PLR, Planned Low Density Residential District. (Third Reading) .. Ms. Clarke stated that there are no changes in the application since the previous reading. Condition No.3 regarding the location of the park has been set as indicated on the plan before Council. The ordinance should be formally amended by Council, as the ordinance at first reading requested a zoning of R-2. The amended version of this ordinance calls for the PLR district. Bill Denk. developer. stated that he had made a request at the last Council meeting that the bike path be moved from between lots 69 and 70 to the new park next to lot 69. Ms. Clarke responded that this would be looked at in conjunction with the preliminary plat for this subdivision. Mr. Denk said that this is acceptable. Mr. Sutphen moved to amend the plan to a PLR as stated by Ms. Clarke. Mr. Amorose seconded the motion. Vote on the motion - Mrs. King, yes; Mr. Amorose, yes; Mr. Kranstuber, yes; Mr. Campbell, yes; Minutes of RECORD OF Dublin City Council Meeting PROCEEDINGS Page 3 Meeting DAYTON LEGAL BLANK co., FORM NO. 10148 , ~,-=,,-=,~-------1' Helti April 5, 1993 19 Mr. Strip, yes; Mayor Rozanski, yes; Me. Sutphen, yes. Vote on the Ordinance as submitted by Planning & Zoning - Me. Amorose, yes; Me. Sutphen, yes; Mr. Strip, yes; Mayor Rozanski, yes; Mr. Campbell, yes; Mrs. King, yes; Me. Kranstuber, yes. i 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. (Second Reading) Lt. Geis stated that traffic plans for the 1993 Tournament are consistent with those over the past few years. The Muirfield Drive connector will again be used as the primary route in and out of Muirfield Village. The only major change is that the corporate parking area has been relocated to an area on Manley Road north of the corporation limits. This will free up additional space for public and volunteer parking in the Crossgate Drive area. Council members had no questions for Lt. Geis. Mayor Rozanski wished him luck in the traffic planning. There will be a third reading at the April 19 Council meeting. Resolution No. 3-93 - A Resolution Adopting the City of Dublin's Goals for 1993 and Adopting a Status Report for Goals Established in 1990, 1991 and 1992. (Second Reading) The clerk noted that this resolution was originally numbered "2_93" but should instead be "3_93" and asked Council members to note this correction on their copies. Me. Hansley again pointed out that there are some editorial changes in the version before Council. He asked that Council members review the resolution prior to the third reading. There will be a third reading of the resolution at the April 19 Council meeting. Ordinance No. 18-93 - An Ordinance Providing for a Change of Zoning of 19.89 Acres, Located on the Northeast and Southeast Corners of Muirfield Drive and Dublinshire Drive to be Rezoned from: R-l, Restricted Suburban Residential District and PUD, Planned Unit Development District to: PLR, Planned Low Density Residential District. (First Reading) Ms. Clarke confirmed that all of the information for this application has now been submitted. Me. Sutphen moved that it be referred to the Planning & Zoning Commission. Mr. Campbell seconded the motion. Vote on the Motion - Mrs. King, no; Me. Kranstuber, yes; Me. Strip, yes; Me. Sutphen, yes; Mr. Amorose, yes; Mayor Rozanski, yes; Me. Campbell, yes. Ordinance No. 23-93 - An Ordinance Repealing Ordinance No. 17-90 ("Compensation Plan") and All Amendments Thereto (Ordinance Nos. 47-90,37-90,51-90,72-90,107-90,21-91,12_92, 89-92, and 97-92) and Adopting In Lieu Thereof A New Compensation Plan for the City of Dublin. (First Reading) Mr. Kranstuber introduced the ordinance. Mr. Harding stated that each year staff reviews various provisions of the Compensation Plan and brings recommendations to Council. He noted that he has included a detailed report with this legislation summarizing all of the changes to the Plan, and offered to answer any questions from Council members. Mr. Campbell commented that the Communications Specialist position has been assigned a pay grade of 11 in the Plan which is higher than what he had envisioned when he voted for the position. A brief discussion followed about the pay grade established for this position in the ordinance recently passed by Council. Mr. Harding clarified that the ordinance passed by Council established this position as a pay grade of 11. Mr. Campbell stated that this pay grade was to be further discussed in conjunction with the Compensation Plan readings. Minutes of RECORD OF Dublin City Council Meeting Meeting PROCEEDINGS Page 4 DAYTON LEGAL BLANK CO.. FORM NO. 10148 Helti April 5, 1993 19_ Mrs. King suggested that the Personnel Board of Review be asked to provide feedback on this issue. Mayor Rozanski agreed. Mr. Amorose agreed that this would be a good idea in view of all of the suggested pay grade i promotions. Mr. Strip suggested that if the Board is convened, there may be other issues which should be look at as well. He added that a review by the Board is a fine idea. Mr. Kranstuber stated that he believes that these recommendations on pay grades and the justifications for it are a staff function, but other Council members apparently do not concur. He asked Mrs. King for clarification of what the Board would review, i.e., the Communications Specialist position or the entire Compensation Plan. Mrs. King responded that she is referring to the entire Compensation Plan. Mr. Campbell stated that he is in favor of Mrs. King's suggestion. A third-party independent evaluation or taxpayer's evaluation of these issues is crucial to the decision~making process. Mr. Sutphen agreed that this is a great idea. Since it was the consensus of Council to do so, Mayor Rozanski stated that he will get in touch with the Personnel Board of Review and ask them to review the Plan and provide recommendations to Council and to Mr. Harding. There will be a second reading of the Ordinance at the April 19 Council meeting. He added that there may be a recommendation to table the ordinance at the time of second reading. Ordinance No. 25-93 - An Ordinance Repealing Existing Chapter 1191 of the Dublin Codified Ordinances and Proposing a New Chapter 1191 (Architectural Review). (First Reading) Mrs. King introduced the ordinance. Ms. Clarke stated that this legislation requests a repeal of Chapter 1191 which governs the Architectural Review Board. The legislation has been reviewed by both the Architectural Review Board and the Old Dublin Association who recommend approval. Staff is requesting that this be referred to the Planning & Zoning Commission. It is included on their meeting agenda for Thursday, April 8. Mrs. King provided some additional background information on this legislation to Council. Mr. Kranstuber moved to refer this to Planning & Zoning Commission. Mrs. King seconded the motion. Vote on the Motion - Mr. Sutphen, yes; Mr. Amorose, yes; Mr. Kranstuber, yes; Mr. Strip, yes; Mayor Rozanski, yes; Mrs. King, yes; Mr. Campbell, yes. Ordinance No. 27-93 - An Ordinance Amending the Annual Appropriations for the Fiscal Year Ending December 31, 1993. (First Reading) Mrs. King introduced the ordinance. Ms. Grigsby directed Council's attention to a memorandum attached to the legislation which explains the various appropriations. Brief discussion followed about the process for funding the merchandising account. Mr. Strip moved to waive the three-time reading rule and treat this as emergency legislation. Mrs. King seconded the motion. Vote on the motion - Mr. Kranstuber, yes; Mr. Strip, yes; Mr. Sutphen,yes; Mrs. King, yes; Mr. Amorose, yes; Mayor Rozanski, yes; Mr. Campbell, yes. Minutes of RECORD OF Dublin City Council Meeting PROCEEDINGS Page 5 Meeting - .. DAYTON LEGAL BLANK co., FORM NO. 10148 April 5, 1993 Helti 19_ Vote on the ordinance - Mr. Amorose, yes; Mr. Campbell, yes; Mayor Rozanski, yes; Mr. Sutphen, yes; Mr. Strip, yes; Mrs. King, yes; Mr. Kranstuber, yes. Resolution No. 4-93 - A Resolution to Set Forth a Statement of Services to be Provided to the Area in a Proposed Annexation of 3.6+ /- Acres from Washington Township, Franklin County . to the City of Dublin, Ohio as Required by Section 709.031 of the Ohio Revised Code. (First i Reading) Mr. Strip introduced the ordinance. Mr. Hansley explained that the City of Dublin is required by state statute to pass a statement of services resolution prior to any public hearing on a proposed annexation. This annexation involves two lots in Bellaire subdivision, and staff is recommending passage prior to the hearing on May 5, 1993. This annexation includes the frontages on lots 5 and 6 and it will help to eliminate the remaining three islands of township area in the City of Dublin. Mr. Strip raised the issue of what the City will gain by annexations such as this one. Mr. Amorose proposed that homeowners interested in annexation get together with their neighbors on Bellaire and come in as a group for annexation. Allowing property owners to come in separately will not encourage the rest of the neighbors to pursue annexation. Mr. Hansley responded that there is no economic advantage to Dublin of accepting all annexations. Historically, the policy of Council has been to accept petitions for annexation. Eliminating the islands of township within the City of Dublin will reduce confusion about jurisdiction for police and waste collection services. He added that staff encourages homeowners to petition as a group, however they do have the right to petition individually. Mr. Campbell commented that he agrees with Mr. Amorose's suggestion as an incentive to encourage the elimination of the pockets of township. Piecemeal annexations will be a time- consuming method to close the pockets of township areas within the City of Dublin. Mrs. King expressed concern about continuing the process for this annexation if it is the goal of Council to encourage property owners to join together in annexation applications. Brief discussion followed about methods to encourage annexation of the pocket areas and the costs involved should the City provide assistance to the residents. Mr. Sutphen expressed concerned about people feeling they are forced into an annexation. Mr. Smith noted that there was a recent court case filed by a reluctant property owner where the City of Westerville had used city funds and city staff to initiate an annexation. The courts have held that the city can legally expend funds for this purpose. Mr. Hansley suggested that this discussion be continued at the second reading. He agreed with Mrs. King that if Council will likely turn down this annexation, it would seem only fair to give this sense to the applicant early on. By statute, however, Council must pass this statement of services prior to the hearing by the County Commissioners. He suggested that Council think about a policy statement regarding annexations of the pocket areas of township. There will be a second reading of this resolution at the April 19 Council meeting. Mayor Rozanski suggested that Council members relay their thoughts to Mr. Hansley regarding annexations of these II areas. Other Presentation by Mayor's Child Care Advisory Task Force Barbara Burkholder, City representative to the task force, outlined the accomplishments of the group over the past year. They are as follows: 1. Compilation, printing and distribution of the first child care directory at no cost to the city. The second directory is currently in process. 2. The Wyandot Discovery Camp, a 9-week program which serves working parents over the summer months was very successful. Two holiday camps were added this year over spring Minutes of RECORD OF PROCEEDINGS Dublin City Council Meeting Page 6 Meeting DAYTON LEGAL BLANK CO.. FORM NO. 10148 Helti April 5, 1993 19 break: and at Christmas. Response to the camps was excellent. 3. The zoning subcommittee of the task force met with the state licensing agency and the state fire marshal's office regarding child care concerns. 4. The groundwork was laid for a therapeutic developmentally disabled young adult social club. 5. The task force and the Mayor lobbied before the state legislature regarding an exemption for licensing for summer programs. The lobby effort was successful. She noted that the schools have cut back on their child care programs for school holidays, but the City is unable to fill the gap at the present time. Thalia Johanssen, Child Care Task Force, noted the group's recommendations for 1993: 1. The committee would like to become a permanent committee. 2. The committee recommends that a qualitative child care needs assessment survey be conducted to identify child care services currently being used in the Dublin area and what is needed. This survey is extremely important to the community, as it will help the city to attract future businesses as well as maintain those we have. There are two ways to distribute this information: 1) through the Dublin School's "Reporter" which is mailed to all school district homes; or 2) through the City of Dublin corporate quarterly report. Committee recommends using the school district mailing as it would reach more people who either live or work in Dublin and who access child care facilities in the area. If the school district mailing option is chosen, reaching 21,000 households, the cost would be $630 for printing and $3108 for bulk railing. If the quarterly report mailing option is chosen, reaching 8,000 homes, the cost would be $240 in printing and $1184 in bulk mailing costs. Mayor Rozanski thanked the task force for all of their hard work. He asked Ms. Burkholder to prepare a formal request for funds for the program. Mr. Strip asked that the group also provide justification for directing the survey outside of corporate Dublin. Ms. Burkholder responded that many people who work in Dublin and pay taxes to Dublin are the people that should be included in the survey as well as the corporate residents of Dublin. Ms. Johanssen added that the market research firm has suggested that working through the local businesses to survey their employees would not be very effective. They believe the survey to the households would give more accurate results. Discussion followed about the composition of the group to be surveyed. Mr. Sutphen stated that he believes only Dublin residents should be surveyed since the funding is being provided by the City of Dublin. If people are surveyed who live outside of the City, they may believe they have a right to future child care services provided. Mr. Campbell stated he believes the residents of the City should be surveyed as well as the businesses in the City of Dublin. If the businesses are truly interested in ensuring that their employees have adequate child care available, they will be responsive to the survey. By surveying beyond the City's boundaries, the City may give a false expectation regarding provision of child care services. ..I!t' Mayor Rozanski agreed that by surveying those who live in Dublin and those who work in Dublin, the goals can be accomplished. Mr. Strip suggested that the group present the alternatives to Council together with the narrative about each option for future consideration. Me. Campbell and Mayor Rozanski agreed with Me. Strip's suggestion. Mrs. King added that the task force has done an excellent job and performed a valuable service to the community. Mr. Campbell noted that the task force has done an exceptional job with no funding. He agrees that there is a need to have the task force become a permanent committee in view of the population growth. Mayor Rozanski suggested that Ms. Burkholder meet with Mr. Smith to work out the logistics of Minutes of RECORD OF PROCEEDINGS Dublin City Council Meeting Page 7 Meeting DAYTON LEGAL BLANK CO., FORM NO. 10148 Helti April 5, 1993 19 setting up a permanent committee. He again thanked the task force for the great job they have done. Ms. Johanssen acknowledged Ms. Burkholder's leadership of the task force as instrumental in their success. Resubdivision Plat for Heather Glen. Section 2. Parts 3 & 4 Ms. Clarke noted that this item was approved previously and recorded. Since that time, the developer found that several of the lots were narrower than he wished. He is shifting the lot lines in Parts 3 and 4. The plat was passed by Council last November with the same eight conditions originally appended to the final plat of Heather Glen Section 2. Those conditions were as follows: 1. That the park be kept free of debris and dedicated after being improved consistent with the agreement with the Parks Director; 2. That electric lines be relocated underground where applicable by Code; 3. That utilities and roadways be installed in compliance with Code and/or rezoning agreement, all applicable conditions from the preliminary plat; 4. That street name "Clover Grove Court" be changed in compliance with request from the Fire Department; 5. That the street trees be submitted to and approved by the City staff; 6. That the necessary easements be reflected on the plat, including that necessary for bike path; 7. That utilities, drainage and ditch section for Wilcox Road be designed to the satisfaction of the City Engineer; 8. That the temporary turnaround be constructed at the south end of Hadler Drive, subject to the approval of the City Engineer. These conditions were accepted by the applicant at the November Planning Commission meeting, and the application was unanimously approved by the Commission at that time. She noted that this is a "paperwork problem" as far as the staff is concerned. It is merely a mechanism to shift the lot lines to accommodate construction. Jason Coffee. R.D. Zande Associates, stated that the reason for the change is to accommodate new models of homes. The original plat was approved with 60 and 65 foot lots; they are all now a minimum of 62 feet. This is merely a reallocation of lot frontages which will allow greater flexibility in the house styles. Mr. Kranstuber moved to approve the resubdivision plat for Heather Glen, Section 2, Parts 3 and 4 with the conditions as noted by Ms. Clarke. Mrs. King seconded the motion. Vote on the Motion - Mr. Campbell, yes; Mrs. King, yes; Me. Kranstuber, yes; Mayor Rozanski, yes; Me. Sutphen, yes; Mr. Amorose, yes; Mr. Strip, yes. At this point, Me. Kranstuber was excused from the meeting. Stormwater Detention Waiver for the Northeast Ouadrant in Connection with the Hard Road Extension ~,' Mr. Kindra stated that Randy Bowman, Assistant City Engineer, has worked on this project and is present this evening to answer any questions from Council following Me. Coffee's presentation. '" Jason Coffee. R.D. Zande Associates, presented display boards with overlays which were colored versions of what was submitted to Council. There are two areas involved: one deals with Sawmill Road/Billingsley ditch and the second with the State Route 257 area. He proceeded to describe the existing drainage conditions. 1. In the northeast corner there are 82 acres, its tributary of which 54 is actually offsite drainage coming onto the site. This point drains under Sawmill Road into an existing storm system in the Columbus area. That, in turn, drains back under Sawmill Road and impacts Billingsley ditch. 2. The 25 acres on the eastern edge is a tributary area for Sawmill Road which crosses Sawmill into an existing storm system and back into Billingsley ditch. 3. There are 17 acres which flow south to Billingsley ditch. 4. There is a large 205 acre section in the middle of the site which is tributary at this point to a ravine through the Kiplinger Estates. Minutes of RECORD OF PROCEEDINGS Dublin City Council Meeting Page 8 Meeting DAYTON LEGAL BLANK co., FORM NO. 10148 ",.. ill!' .~ April 5, 1993 Helti 19 5. There is a 31 acre piece which is tributary to a ravine in the Glenbriar subdivision. There are a total of 368 acres to Billingsley ditch from this site. Looking at the proposed tributary area map, he pointed out the following: 1. There are 347 acres in the middle of the site, which includes the 82, the 25, a portion of the 205 and a portion of the 31 acre area, which are now included in the storm system which dumps directly to the Scioto River and no longer impacts the Billingsley ditch. 2. Because of the oversizing of the pipe in dealing with extra drainage through this storm system, they are seeking a detention waiver for the single-family portions and a modified detention in the developments for the commercial and the multi-family areas. Mr. Amorose commented that there is a north fork of Billingsley ditch and a south fork. He noted that Mr. Coffee is generalizing that the whole area is going into Billingsley ditch and this is not true. He added that there is a north branch of Billingsley ditch which serves the 17 acres and the 31 acres outlined on the plan. It does not join up to the south branch until you get close to Bright Road. With this plan, the 17 and 31 acre areas of developed ground will dump into the north branch of Billingsley ditch, increasing the quantity and velocity of water going through the creek. The 205 acres on the map currently have agricultural uses or are wooded with no development. There is no definite gorge or stream caused by runoff from storm water. Mr. Coffee stated that what he is proposing will greatly reduce the amount of stormwater runoff. The 205 acres is currently a tributary to the ravine at Kiplinger. The 82 and 25 acres will be taken out of the Columbus system where they are causing problems in the Billingsley ditch area and eventually for Dublin. He added that the results of their proposal will be better than what MORPC stormwater standards will provide. There is runoff from agricultural ground and it is actually very close to larger lot, single family runoffs. The time of concentration is quicker, but the amounts of flow are roughly the same. There is increased runoff where there are parking areas, and in these places they are recommending that detention be required. He added that under MORPC standards, the 205 acres could be released into the ravine at the existing 100 year condition. The developer, however, previously agreed to do what he could to improve the drainage situation of the area. Jeff Brown. Smith and Hale, stated that it was his understanding that stormwater was part of the discussion during the rezoning process. The idea of using the storm sewer and extension of Hard Road was the result of all of the discussions. An easement was purchased in order to get the outlet to the river. P & Z has approved this concept, the Engineering division has reviewed this, and what Council is reviewing now is the overall concept of how to handle and improve the stormwater situation. Mayor Rozanski asked if the developer is requesting that no detention be required on the 15 and 39 acres on the proposed tributary area map, permitting those areas to dump directly into the north branch of the Billingsley ditch. Mr. Brown confirmed this. Mr. Strip asked if there was a staff recommendation regarding this waiver request. He asked if this plan will alleviate the problems at Billingsley ditch, have no effect, or make them worse. Mr. Foegler stated that the Engineering staff has reviewed this, and they believe that it will improve the situation, even more than the normal detention requirements would do. Mr. Kindra stated that a staff report was provided to the Planning & Zoning Commission, and the plan was approved by the Commission. The Engineering department believes this proposal is a sound one, and that it will function as least as good or maybe better than if MORPC guidelines were followed. Mr. Amorose commented that he has no problem with the upper portion where the stormwater is tiled to the river; however, he has a real problem with the 39 acres and the plan to dump this water into the woods nearby. Without detention or retention, the stream will be damaged. Mr. Kindra deferred to Mr. Bowman for response. Mr. Bowman stated that staff is considering the overall net effect whereby the drainage currently draining south will be reduced. Granted, it is unimproved area, but there is still runoff as stated in MORPC guidelines. Mr. Coffee added that they are required to slow the water down in the 39 acre area to reduce the Minutes of RECORD OF PROCEEDINGS Dublin City Council Meeting Page 9 Meeting DAYTON LEGAL BLANK co., FORM NO. 10148 I, ! 19 I' II I Helti April 5, 1993 velocity in the stormwater runoff. Mr. Kindra added that velocity control was part of the conditions set by the Planning & Zoning Commission. Staff will require much more detail in the engineering plans regarding the velocity of runoff into the stream from the 39 acres. Mrs. King commented that the rush of pollutants into the stream and its effect on the aquatic biodiversity and health of both Billingsley stream and the Scioto River should be taken into consideration. Mr. Coffee stated that there are studies underway regarding these issues. Mr. Brown added that the Ohio EP A is under a mandate from the federal EP A in terms of handling storm water discharge. This is currently being addressed at the state and federal level. Further discussion followed about the need for erosion controls and for methods to address concerns about the effect on aquatic life. In response to Mr. Sutphen's question about the plans, Mr. Coffee stated that the plans before Council tonight are not construction plans but instead a proposed master plan for the site. It is before Council at this time because of the pending approval for the Hard Road extension. Mr. Sutphen does not believe Council should vote on a plan without more detail about pipe locations, etc. He is uncomfortable with the velocity of the waterflow from the 39 acres into the north fork of the Billingsley stream. Mr. Strip stated that he is even more confused about the detention waiver following tonight's presentation. More questions have been raised tonight than have been answered, and he suggested that Council delay a vote. Mr. Campbell commented that the burden of proof is upon the party requesting the waiver. He doesn't believe that concerns have been adequately addressed. No one has discussed the consequences of the denial of the waiver. Mr. Coffee and Mr. Brown stated they will provide more information to Council prior to the next meeting. Mr. Brown added that the drainage issue was a major one during the rezoning process, and this proposal is part of their commitment to help solve drainage problems in the area. Mr. Campbell summarized that they should address what exactly the waiver is really asking: are they asking for relief from any kind of detention in the southern portion or are they seeking a combination of waivers, since they are piping the water from the large central section to the river. He assumes that underlying all of this there is a monetary issue. This, too, should be openly aired. Mr. Brown requested that this issue be tabled for two weeks so that they can provide additional information to Council. He added that Council really needs to look at the overall plan instead of a small portion. This item will be reconsidered at the April 19 Council meeting. ~-i' Consideration of Fact-Finder's Report (FOP Nel!otiations) Mayor Rozanski asked that Council go into Executive Session regarding this report. Council will then reconvene to take open action on the fact-finder's report. Mr. Strip moved to go into Executive Session to discuss the FOP contract. Mr. Sutphen seconded the motion. Vote on the Motion - Mayor Rozanski, yes; Mr. Campbell, yes; Mr. Strip, yes; Mrs. King, yes; Mr. Sutphen, yes; Mr. Amorose, yes. The meeting was adjourned at 10:20 p.m. The meeting was reconvened at 10:50 p.m. Mr. Harding commented that negotiations have been underway with the FOP for the past six months. Agreement has been reached on several items, but there was an impasse related to three issues. Chapter 4117 of the Ohio Revised Code mandates that at this point, fact -finding takes place where Minutes of RECORD OF Dublin City Council Meeting PROCEEDINGS Page 10 Meeting DAYrON LEGAL BLANK CO.. FORM NO. 10148 Helti April 5, 1993 19_ both parties prepare briefs and an independent fact-finder rules on the issues that cannot be agreed upon. The fact-finder has ruled on the issues: wages, rank differential, and prescription drug costs. Council can now either reject or accept the fact-finder's report. If Council rejects the report, the next process would be binding conciliation where another third party hearing officer rules and the results are binding on both parties. Vote on Accepting the Report - Mr. Strip, yes; Mrs. King, yes; Mr. Sutphen, yes; Mr. Amorose, yes; Mr. Campbell, yes; Mayor Rozanski, yes. Mayor Rozanski commented, on behalf of all of Council, that although Council is not totally in agreement with the fact-finder's report, they are reluctantly voting for the report since several concessions were made in the process. The City has little control in the negotiation process under the current laws. For risk management reasons, Council is reluctantly accepting the report. Reports from Council Committees Mr. Strip, Finance Committee, reported that Council members will have a memorandum from the Committee in the next couple of days a summary regarding the funds available for bed tax applications for the rest of the year. Mr. Campbell, Service Committee, commented that a meeting date will be set soon. The minutes from the last meeting are nearly complete. Mrs. King, Safety Committee, requested that Mr. Hansley draft an agenda regarding issues to be addressed by the Committee. A meeting date will soon be set. Mr. Campbell stated that, if Mrs. King is agreeable, he believes the Safety Committee could continue the process of refining the definition list for assault weapons which he has begun. Mrs. King agreed to address this issue at the Safety Committee. She would welcome Mr. Campbell's involvement in the process. Comments from Staff Mr. Foel!ler submitted to Council the City Engineer's report regarding the proposed Street Resurfacing Program for 1993. He was open to suggestion for the review process. Mayor Rozanski recommended that this be referred to the Service Committee for review. Mr. Campbell agreed, and a meeting date for the Committee was set for Thursday, April 15 at 8:30 a.m. Mr. Foegler also reported that discussions are continuing with the developer and the school district regarding traffic signals and street lights on Hard Road. An agreement in concept now exists and will be presented to Council at the next meeting. At this point, the current level of funding to be recommended by Administration would include: for street lights - a $20,000 contribution from the school district, the remainder being split 50/50 by the City and developer; and for the traffic signal _ a $10,000 contribution from the developer with the remainder being split by the City and the school district. Staff is recommending this funding agreement. The total contribution for the street lights from the City will be approximately $90-100,000 and the total contribution for the traffic signal from the City will be approximately $40,000. Mr. Foegler plans to have a memo to Council soon regarding this arrangement. .. Ms. Grigsby reported that the Village of Powell has notified the City that effective September 1, the Regional Tax Authority will administer their taxes. This will be a cost-savings for Powell, and this change will free up some Dublin staff time for other projects. The Village of New Albany is also considering switching to the Regional Tax Authority for cost reasons. Mr. Hansley added that Dublin originally took on administration of Shawnee Hills, New Albany and Powell income tax as a courtesy until such time as they could do their own or have it done by a larger regional operation. Mr. Strip took issue with this statement, stating that the former tax administrator had stated that this work was very profitable for the City of Dublin. It was a good neighbor policy as well, but had a monetary benefit. Discussion followed. Minutes of RECORD OF Dublin City Council Meeting PROCEEDINGS Page 11 Meeting DAYTON LEGAL BLANK co., FORM NO. 10148 . Helti ='.'=C~-==.C.==~~----==_ April 5, 1993 19_ Mr. Kindra reported that the traffic signals on 161 and Dale Drive have been operational since March 30th. Additional signage will be installed based on feedback from the public. Traffic flow has improved in the area. The street lights at Bridge and High were turned on today. Traffic lights are being installed on Tuller Road and may be completed by tomorrow. Brick sidewalk construction on High Street has been started. Ms. Jordan reported to Council about the recent wildlife rescues that the Parks staff has been involved in, Le., the coyote caught in the fence and the great-horned owl who fell out of the nest in the Kiwanis Riverway Park behind Quarry Place. Council Roundtable Mr. Sut;phen asked that the City plant grass or require the contractor to plant grass in the berm areas improved along Memorial Drive last fall. Mr. Kindra will check into this situation. Regarding the painting of the light poles, Mr. Kindra responded that they will be painted when the weather improves. Mr. Amorose commented that the streets are in need of sweeping. Mr. McDaniel responded that the service began today. Mr. Amorose added that correspondence has been forwarded to Council regarding problems with dog waste in the Muirfield area. Mr. Smith is sending a memorandum to Council about this. Mayor Rozanski stated that the MORPC luncheon is scheduled for Friday, April 30 and asked Council members to respond to the clerk if they would like to attend. He also requested that Council appoint an acting Clerk of Council in the case where the clerk of council is absent. Discussion followed about the appropriate person to appoint. Mr. Sutphen moved to appoint Myra Caplinger as the acting clerk of Council in Anne Clarke's absence during the next two weeks. Mrs. King seconded the motion. Vote on the Motion - Mr. Campbell, yes; Mrs. King, yes; Mr. Strip, yes; Mr. Sutphen, yes; Mr. Amorose, yes; Mayor Rozanski, yes. Mayor Rozanski suggested that Mr. Strip respond to the letter from a Bexley student regarding the gun ordinance. Regarding the annual alarm response cost, Mr. Hansley stated that there is no Council action required. Mayor Rozanski next brought up the policy of snow removal on bike paths as contained in the memorandum submitted to Council. Discussion followed. Mr. McDaniel will provide a memorandum to the Service Committee regarding snow plowing for review prior to the next snow season. Mr. Strip moved to adjourn to Executive Session to discuss land acquisition matters. Mr. Sutphen seconded the motion. Vote on the Motion - Mayor Rozanski, yes; Mr. Strip, yes; Mr. Sutphen, yes; Mr. Amorose, yes; Mrs. King, yes; Mr. Campbell, yes. Mayor Rozanski announced that the meeting will not be reconvened. The meeting was adjourned at 11:15 p.m. ~A-- a. ~ Clerk of Council