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HomeMy WebLinkAbout04/19/1993 Minutes of RECORD OF PROCEEDINGS Dublin City Council Meeting Meeting DAYTON LEGAL BLANK CO., FORM NO. 10148 Helti April 19, 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 19, 1993, and Mr. Strip led the Pledge of Allegiance. Members of Council present for roll call were: Mr. Kranstuber, Mr. Amorose, Mr. Strip, Mayor Rozanski, and Mr. Sutphen. Mr. Campbell and Mrs. King arrived at 7:35 p.m. Mr. Hansley, City Manager, and Scott Mergenthaler, Acting Law Director, were also present. Approval of Minutes of April 5. 1993 Meetin2 Mayor Rozanski commented that, due to vacation, the clerk has not completed the preparation of the minutes of the April 5th meeting. They will be considered at the next meeting. Correspondence The clerk reported that there was no correspondence to Council. Comments from Visitors There were no comments from visitors. Certificate of Achievement Mayor Rozanski noted that a Certificate of Achievement for Excellence in Financial Reporting was presented to the City of Dublin for its Comprehensive Annual Financial Report for the fiscal year ending December 31, 1991 from the Government Finance Officers Association of the United States and Canada. Marsha Grigsby accepted the certificate on behalf of the Finance Division. Leeislation 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. (fhird Reading) Mr. Hansley stated that there is no additional information on this ordinance. Vote on the Ordinance - Mr. Sutphen, yes; Mr. Amorose, yes; Mr. Kranstuber, yes; Mr. Campbell, yes; Mrs. King, yes; Mayor Rozanski, yes; Mr. Strip, yes. 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. (fhird Reading) Mr. Hansley reminded Council that this has been prepared with two different versions, and staff is recommending Version A. Mr. Amorose moved to adopt Version A of Resolution No. 3-93. Mr. Sutphen seconded the motion. Vote on the Motion - Mr. Sutphen, yes; Mr. Kranstuber, yes; Mr. Campbell, yes; Mrs. King, yes; Mr. Strip, yes; Mayor Rozanski, yes; Mr. Amorose, yes. Mayor Rozanski thanked staff for their assistance in the goal-setting process. Mayor Rozanski then acknowledged Scott Mergenthaler, Acting Law Director this evening in the absence of Mr. Smith and Mr. Banchefsky. 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. (Second Reading) Mr. Hansley reminded Council that they referred this ordinance to the Personnel Board at the first reading. He added that Mr. Harding has a proposed amendment this evening. Mr. Harding directed Council's attention to the Supplemental Staff Report forwarded in the Council Minutes of RECORD OF Dublin City Council Meeting Meeting PROCEEDINGS Page 2 !I" DAYTON LEGAL BLANK co., FORM NO. 10148 -L- Helti April 19, 1993 19 packet. There are a couple of additional amendments proposed, and he requested that Council refer the report to the Personnel Board as well for further review. The changes involve two areas: the Community Service coordinator pay grade and two other positions in the Mayor's Court. Mayor Rozanski reported that he has forwarded the Compensation Plan to the Personnel Board today for their review. Mr. Campbell commented that he would like to have additional discussion about the Communications Specialist this evening. I In view of Mr. Harding's memorandum, Mr. Strip proposed a resolution that Ordinance No. 23-93 be referred to the Personnel Board of Review. Mr. Amorose seconded the motion. Mr. Hansley stated that staff will prepare a resolution to be included in the next packet. By Council's action this evening, the Mayor would be authorized to sign this resolution. Mrs. King proposed an amendment to the resolution that the Personnel Board of Review be authorized to communicate with staff in preparing their recommendations. Brief discussion followed. Mr. Strip and Mr. Amorose accepted the amendment. Vote on the Resolution - Mr. Campbell, yes; Mrs. King, yes; Mayor Rozanski, yes; Mr. Amorose, yes; Mr. Kranstuber, no; Mr. Strip, yes; Mr. Sutphen, yes. Mr. Campbell commented regarding the Communications Specialist position, as discussed at the last Council meeting, and his concern about the pay grade level. Following some research of the records provided by the clerk, Mr. Campbell noted that the pay range for the position was to be reviewed in the Compensation Plan for 1993. The ordinance creating the communications specialist did contain the pay grade of 11, and perhaps other Council members overlooked this. He requested that staff prepare the appropriate ordinance to amend Ordinance 20-93 in order to either delete the reference to pay grade 11 and allow it to be set as part of the compensation plan, or set a lower pay grade which could be discussed at the time the amending ordinance is considered. Mr. Hansley added for clarification that the position has been advertised but not filled. Council could, by motion, request that the position not be filled at pay grade 11 at this time. He added that none of the new positions in the Compensation Plan can be filled until the Compensation Plan is adopted. He suggested that Council ask the Personnel Board of Review to also consider the pay grade level for the Communications Specialist position in their review. Mr. Campbell moved that staff hold off filling the Communications Specialist position until such time as the appropriate pay grade for the position is established as part of the Compensation Plan, and that the Personnel Board of Review consider the appropriateness of the pay grade level for the Communication Specialist position. Mr. Amorose seconded the motion. Additional discussion followed about how the pay grade level was established for the Communications Specialist position. Mr. Harding suggested that the Personnel Board of Review be given all of the staff reports regarding the Communications Specialist position to assist them in their review. Mayor Rozanski asked Mr. Harding to provide this information to the clerk. Vote on the motion - Mr. Sutphen, yes; Mr. Amorose, yes; Mr. Strip, yes; Mrs. King, yes; Mayor Rozanski, yes; Mr. Kranstuber, yes; Mr. Campbell, 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. (Second Reading) Mr. Hansley commented that under state statutes, Council is required to pass this resolution prior Minutes of RECORD OF Dublin City Council Meeting Meeting PROCEEDINGS Page 3 DAYTON LEGAL BLANK co., FORM NO. 10148 Helti April 19, 1993 19 to the hearing which is scheduled for May 5. There will be a third reading at the May 3 Council meeting. Ordinance No. 28-93 - An Ordinance Authorizing the City Manager to Enter into a Contract with the Fraternal Order oCPolice Capital City Lodge #9 Regarding Wages, Hours, Terms and Conditions oC Employment. (First Reading) Mr. Harding directed Council's attention to the staff report which accompanies the ordinance. The contract before Council represents the culmination of the collective bargaining process which began in October of 1992. There were a number of issues which both sides could not agree upon, and they were submitted to fact-finding. These included wages, rank: differential and prescription drug benefits. Staff and Council did not necessarily agree with the fact-finding report, but Council was willing to accept the fact-finder's report from a risk management standpoint. Bob Weisman of Schottenstein, Zox and Dunn was engaged by the City to assist in the collective bargaining process and is present this evening for questions. Pursuant to Chapter 4117 of the Ohio Revised Code, Council must take action on the proposed contract before them within 30 days from the submission date of April 15 (when it was included in the Council packet). If action is not taken within 30 days, it automatically becomes effective. Me. Weisman then provided clarification of the pertinent Ohio Revised Code Sections which relate to this process. By affirming the fact-finding, Council has to a great extent already approved the contract. 1''' Mr. Strip stated that this ordinance authorizes the City Manager to enter into the contract. Mr. Strip would prefer to give the manager his endorsement as opposed to letting it happen by default. Mayor Rozanski recommended that a second reading of the ordinance take place on May 3. Mrs. King expressed concern that Council runs the risk of sending out a confusing signal with the passage of this contract. The raises are in excess of what the private sector experiences. The State Employment Relations laws governing this process serve to spiral up the cost of government for all of the suburbs. Mr. Hansley commented that the laws governing this process are pro labor, written by labor, and parts cause us great concern as neither staff nor Council can manage the agencies that collectively bargain. There is no process for innovative approaches to these contracts which would serve to lower costs. Mayor Rozanski stated that Council appreciates staffs work on this contract and their attempts to reduce costs. He thanked Me. Weisman for answering Council member's questions. There will be a second reading of the Ordinance at the May 3 Council meeting. Other Stormwater Detention Waiver Cor the Northeast Ouadrant in Connection with the Hard Road Extension Mr. Hansley stated that this item was held over by Council at the last meeting. The developer is available tonight to address this issue. Staff members are also available for presentation if Council desires. Harrison Smith. Smith & Hale, provided background on this issue from the original rezoning of the property. The negotiation process about various issues related to development of the northeast quad was facilitated by Mr. Bertsch. The efforts were designed to deal with problems which could be solved during the development process instead of concentrating on those which would be caused by the development process. One of these was the Hard Road extension, an absolute in terms of moving east and west north of 1-270, and this was incorporated into the overall plan. A school site and park site were accommodated. Later in the process, the Billingsley ditch issue came up _ an existing problem. This resulted in the proposed "big pipe". The original development proposal for the quad included meeting the City's requirements for detention. But people at the Billingsley ditch level were not comfortable with the idea of detention, so Mr. Smith suggested the possibility of installing a major pipe with the Hard Road extension and divert major volumes of water to the river. II [I I II II i Minutes of RECORD OF Dublin City Council Meeting PROCEEDINGS Page 4 Meeting DAYTON LEGAL BLANK CO.. FORM NO. 10148 Helti April 19, 1993 19_ During the Planning Commission process, the developer committed to looking at an alternative system of providing stormwater treatment on this site. There were two problems: one was an EP A problem because theoretically they were diverting; and two, plainly this was not in accordance with Dublin's detention requirements. The agreement the developer made was to give full study to that and if it provided a reasonable alternative, they would do it. It was not the developer's preference because it involves a cost of $800,000 or $900,000 over and above what the detention system would have done. They then proceeded to engineer this and bought an easement to build the extension. They also included the system in the first Hard Road extension plan which was approved by the Planning Commission. At this point, in order to do this system, a waiver is necessary from the requirements of the City regarding detention. Mr. Smith then proceeded to describe the proposed tributary areas plan as presented at the last Council meeting. He stated that the basic MORPC stormwater requirements are that you release at a rate less than the actual storm. He referred to the tables contained on Page 3 of the staff report dated April 15, 1993. Mr. Smith stated that their commitment during the rezoning process was to improve the stormwater runoff problem of an existing, extremely serious problem. He wants in writing from the City that he will have no liability from anything which results from the failure to do this proposed system as opposed to what the City of Dublin's requirements are. He wants to move forward with this and close the school deal. They have worked four years to complete all of their commitments, and not one citizen, member of Council, or member of Planning Commission has had anything adverse to say about this proposed system. There was no adverse comment in terms of the stormwater aspects for the Hard Road extension final development plan which was approved by the Planning Commission. Mayor Rozanski commented that he believes Council's concern is with the lower portion of the property and the lack of detention. He asked if the 347 acres will drain into the pipe prior to the development of the acreage. Mr. Coffee responded that the portion on Sawmill will not be diverted into this system until the development is completed. The 205 plus 31 acres would be connected to the system at this time. Mayor Rozanski expressed concern about the impact of the 54 acres at the southern portion which could be developed first. This portion, along with the 107 acres along Sawmill which will not be hooked into the system until later, could greatly impact Billingsley. Mr. Coffee added that there is an existing detention basin on this property built by the City of Columbus to take care of the 82 acre area. It is already detaining the majority of the 82 acre area. Mr. Kranstuber asked Ms. Clarke if these type of issues are normally addressed with the PUD. Ms. Clarke stated that at the time the land was rezoned into the PUD classification there were conceptual stormwater and sanitary plans submitted with the understanding that the Master Stormwater Plan and Master Sanitary Plan would undergo further public hearings at the Planning Commission. The sanitary sewer system was reviewed by both Planning Commission and Council a long time ago. The overall stormwater plan has been approved by the Planning Commission, but only City Council can waive the stormwater detention requirements. She added that this PUD was unique since the developer addressed stormwater issues and utility issues which were well outside the land being serviced. Mr. Kranstuber asked how this plan will affect the consistency of flow into the Billingsley ditch. Mr. Smith stated that there are hundreds of acres in the City of Columbus which also flow through the ditch east of Sawmill. The developers of this property propose to remove 107 acres of what now flows into Billingsley. Mr. Kranstuber asked how this system will affect the private wells in the area. Mr. Smith responded that the water table at this location must be somewhere in an approximation of the river. He does not believe their plan will affect wells, but can't say for sure. Mr. Kranstuber asked staff to look into this issue. i: I II II '[ I I II I: I I I II 'I I I I I ,I I I Minutes of RECORD OF Dublin City Council Meeting PROCEEDINGS Page 5 Meeting DAYTON LEGAL BLANK co., FORM NO. 10148 Helti April 19, 1993 19_ Mr. Kindra responded that no blasting will be permitted in this area. If Council wishes to add i, conditions, staff could investigate. , Mr. Kranstuber asked about the cost figures, and Mr. Smith responded that it is approximately $800,000 with an additional cost of $40,000 for the easement. This cost is over and above a normal detention system. Mr. Kranstuber then wondered why Mr. Smith would not have a preference in consideration of the large amount of money for this system. Mr. Smith responded that four years ago, the developer committed to do this when they were asked to solve a problem. This was a very complicated rezoning, and a factor in the approval was their willingness to help solve problems that were not of their making. Mr. Amorose asked about the table figures for the 120 acres where much damage has already occurred to the Kasper property. He asked how Mr. Smith justifies the impact of his plan on the people along the river. He is asking Council to waive the requirements without seeing any engineering plans. Mr. Smith responded that the engineering plans for this area have already been submitted. Mr. Amorose stated that he met with the Assistant City Engineer today and there is still some question about how this can truly be engineered to work with guarantees that there will not be a problem there at a later date. He cited the problems which occurred at Dale and Riverside Drive with water after engineers had assured the City there would be no problems. Bob Parkinson.R.D. Zande, stated that because of the areas in which the detention basins would have to go if that option were followed, and since they were requested to keep those areas natural, they then look for another solution and proposed taking the water through the ditch directly to the river. They met with the Kaspers who believe this is a City of Dublin problem. Mr. Parkinson told Mr. Kasper that the developer had agreed to correct this problem. A plan was submitted to Engineering which prevents flooding on Mr. Kasper's property while still handling all of the water. The plan has not been approved to date. The only other problem existing out there is that the ditch is not entirely on the Kasper property. It is partly on the Freitag property immediately to the north. They have been contacted in regard to the proposal. The intention is to not disturb the natural area and still handle the water and correct the existing problem. He believes the plan proposed both protects the Kaspers and handles the water. Mr. Parkinson then described the Kaspers' problem in more detail. He stated that the developer is willing to do the required detention only, and drop all of the other proposals. Mr. Amorose emphasized that the developer has committed to do whatever it takes to solve the problem. Mr. Parkinson stated that he believes they are doing what it takes to correct the problem. The main problem out there is the Kasper problem and they are trying to solve that problem. The only way to slow down the water in the ditch is to also do retention. Mr. Amorose stated that it may take a combination of retention and an improvement between Riverside Drive and the river on the Kasper property. His concern is that the ravine will be damaged by carrying twice as much water. Mr. Smith responded that he is not willing to do what Council asked him to do plus what he is required to do. Mr. Amorose stated that four years ago the developer said he would address this situation so that this development would not adversely impact any of the ravines or any of the properties. Mr. Smith said that they would improve the situation in terms of the downstream situation. Mr. Parkinson further stated they were asked to solve the existing problem, which is what they are doing, and to also not disturb the ravines. This is why they are not putting detention in the ravines. Mr. Amorose asked what improvements will be made to address the stormwater on the 76 acre portion of the project. I I, II I II i I I I II ! II II I Minutes of RECORD OF PROCEEDINGS Dublin City Council Meeting Page 6 Meeting DAYTON LEGAL BLANK CO.. FORM NO. 10148 Helti April 19, 1993 19 Mr. Smith stated that instead of detaining, acreage has been removed to effect a small reduction. Mr. Amorose stated that he understands there are existing problems in this portion, and asked staff to revievv this. Mr. Parkinson commented that a lot of the vvater is being picked up by the storm system and vvill be put into the ditch at Bright before it crosses under 257. They are already piping some of it dovvn and taking it to the ditch. The ditch vvhich vvill get most of the vvater is the ditch vvhich is being improved from 257 to the river. Mr. Amorose asked if the developer could commit that the ravine flovv vvould remain approximately vvithin 10 percent of vvhat the existing flovv is novv since they are doing some piping dovvn to the Riverside Drive area. Mr. Coffee believes this is reasonable. Mr. Amorose stated that he believes the center area of 205 acres piped directly to the river vvill ultimately address much of the problem on the south branch of Billingsley. Regarding the 54 acres in the lovver section, Mr. Amorose is concerned since the north branch of Billingsley stream is very fragile. If Hard Road extension is built and the 54 acres begins to be developed, there vvill be very little ground in vvhich the stormvvater can percolate. He asked vvhy the developer is requesting the vvaiver of stormvvater detention in this location. . Mr. Parkinson responded that the concern relates to the open space area. It cannot be brought back up the proposed pipe. The flovv has been reduced so much by piping the area to the north that they there vvon't be a need for detention. Mr. Smith stated that they have attempted to improve the Billingsley ditch situation, and there is no debate that this is vvhat vvill be done. They agreed to a substantial improvement of the situation, but not to pick up every drop of vvater. Detaining can also lead to a dry stream. Mr. Amorose also noted that there are 19 aerators dumping into the north branch of the Billingsley stream, and thus a good stream flovv is necessary. He summarized by saying that he is not comfortable vvith vvaiving detention on any sections until the time of final engineering. If Council vvaives the right, is it gone forever? Mr. Smith stated that although it is termed a "vvaiver", it is actually a base approval of the vvhole system. They are vvilling to vvithdravv this vvaiver request and return to the standard retention system. Mr. Amorose took issue vvith this statement, stating that the developer committed to this as a part of the rezoning. Mr. Smith stated that they believe this system is a better one than vvhat detention vvould normally afford. Mr. Amorose stated that he believes there needs to be a hybrid - this system plus some fine-tuning to assist vvith some other problems. Mr. Smith responded that vvhat they are basically discussing is a different vvay of cutting dovvn the major flood flovvs into the Billingsley ditch. You could not detain up to the volume vvhich vvill be tiled into the pipe. Mr. Kindra commented that Council has before them a concept plan only. The details vvill be coming at a later date. Conditions vvere imposed by Planning & Zoning relating to capacity of existing culverts to be verified, erosion controls, etc. This is a master plan vvhere the concept is being discussed and not the details. Staff is vvorking vvith some outside consultants on issues such as erosion controls and velocity structures. Mr. Campbell commented as follovvs: 1. Regarding the liability issues involved, he cautioned Council that if Council approves this vvaiver, the liability rests more vvith the City than vvith the developer. 2. He believes Council must take action to either approve or deny the vvaiver regardless of vvhat Minutes of RECORD OF Dublin City Council Meeting PROCEEDINGS Page 7 Meetinl{ DAYTON I F(:;AI BLANK CO. FORM NO. 10148 Helti April 19, 1993 i I I I I 19_ -1-t-.~_ ~-.~ 3. the implications are for the school. City Council has not in any way delayed the construction of the school building. Many issues have impacted on the development of the northeast quadrant, and Council has taken much time to study each and every issue raised The City has spent a tremendous amount of time, money and effort trying to do the right things in the northeast quad. He added that listening does not always means saying yes. Government must consider all factors which impact an issue and do what is right for the city as a whole. He is not convinced that the waiver is the right thing to do. Granting the waiver will increase stormwater flows in the southern portion. His concerns are what kind of protection against runoff damage have been provided for, the impact on the surrounding property owners' wells, and the lack of detention provided for in the southern part. 4. Mrs. King suggested that the audience be invited to speak at this time. Frank Todaro. 7325 Macbeth, stated that he is disturbed about the "take it or leave it" attitude of the developers. He also has concerns with the 54 acre tract and plans to dump this stormwater in the north fork of the Billingsley ditch. He suggests putting a detention pond in the 54 acre tract to manage the steadiness of the flow into the ditch. Heavy rains already result in flooding over Macbeth, eroding the bank and roadway. He thanked Council for listening to his concerns. ""V" Robert Schuda. 4181 Macduff, stated that the 54 acres dump into the creek located on the rear of his property. He believes that engineering must be done showing the flow into the creek prior to consideration of any waiver. He stated that there is existing retention on his property. In the five years he has owned his property, the flow has increased at various times with disastrous results. He stated that the shopping center built at Sawmill and Hard Road has affected the runoff to the creek and pond behind his house. The pond is always muddy now, and high rain results in high water levels. This area cannot take increased runoff. Mack Parkhill. 7879 Riverside Drive. Vice President of the Northeast Civic Association, stated the following: 1. He read from a 1990 letter to Council which stated that an overriding problem affecting property owners along several streets is the potential for significant flooding. The inadequacy of drainage ditches and culverts have caused damage to many properties in the area. He urged in the letter that detailed surface water studies by independent engineering firm be undertaken by the City prior to a vote on this PUD. 2. He mentioned that the Kasper property owners are out of town this evening and could not attend. They have had an inordinate amount of flooding. He noted that his own property and a next door neighbor's property, the Holbs, were flooded several years ago. The Holbs' house had two feet of standing water. 3. A major concern is with the figures in the staff report related to this zone where the volume in the ditch would increase by 115 %. He stated that the only thing asked by the citizens and agreed to in principle by P&Z and Council was that the existing deep ditch ravines not be destroyed. Some of the homesite locations may have to be removed so that they can be used for detention. 4. If Council approves this waiver tonight, there will be no forum available to the citizens to work out these issues. Betsy Freitag. 7955 Riverside Drive, stated that she lives on the north side of the Kasper property. Part of the easement for the drainage discussed lies on their property. During periods of heavy rainfall, water comes over Riverside Drive. The culvert that feeds the ravine in question is already inadequate in existing pre-development conditions. She does not understand how the same culvert can accommodate twice as much water. Her other concern relates to her well. If water does not percolate through the land to feed the underground well system on the west side of Riverside Drive and her well runs dry, the residents have no potential access to City water at this time. Marcia Wood. 4300 Bright Road, stated that she lives near the north and south junctures of the Billingsley stream. 1. She takes issue with the developer's argument that the proposal will save trees as a tree inventory has not been required. 2. Installation of the pipe will require an excavation 2-1/2 miles long, 13 to 15 feet deep and 26 to 30 feet wide. This will save no trees. 3. Cutting into the bedrock this deep could break into or crack the aquifer system. 4. The pipe will take away the groundwater that recharges the wells and streams. Minutes of RECORD OF Dublin City Council Meeting Meeting PROCEEDINGS Page 8 ,oW .,,, .!'IM, I, j! i: i Ii Ii !i i I i i I i i I i DA'rTON LEGAL BLANK co., FORM NO. 10148 Helti April 19, 1993 19_ i: II Ii I 5. 6. Council should insist on a bond to cover any well or stream damage done down the road. An erosion engineer tells her that a pipe of this size, with the surface elevation change could blowout the opposite bank of the Scioto in a heavy rainfall. She is concerned about responsibility for flood clean-up in the Scioto. It may destroy the ecological balance in the river. Billingsley stream residents are plagued by development runoff from the east side of Sawmill, not from this farmland. Dublin's 1990 report "Quieting the Waters" called for detention and retention to solve problems. It was never mentioned at P&Z that the 54 acres of residential runoff would be diverted to the north branch of the Billingsley stream. She submitted photos to Council showing that the stream and bridge at Bright Road are beyond capacity already. She is opposed to the use of gab ion baskets as mentioned by the developer. These are more appropriate for an industrial area. Where is the outside floodwater study which the developer was to pay $5,000 for as part of the PUD approval? Figures were not available to ensure that this waiver is based on sound engineering practices. Retention ponds would be more effective with less consequential damage to adjoining properties. She asked Council to require that the developer hold to the original PUD plan of appropriately designed retention ponds. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. Joe Reidel. Dublin City Schools, stated that this issue impacts the school system. They are on a fast track program for the new high school, and had based their design on a concept plan approved by P&Z in January and supported by staff. Failure of a decision on this issue two weeks ago has already placed their schedule two weeks behind the tentative start date late in May. If a decision is made to deny this request, a major redesign of the road, storm sewer and school property will be necessary and will result in a one year delay in the opening of the high school, opening in the fall of 1996 instead of fall 1995. These are the facts. He asked that Council weigh the school's dilemma in their deliberations this evening. Randy Roth. 6987 Grandee Cliffs, stated that this entire rezoning was a very intense experience which all who participated in remember well. He thanked Council for the many questions brought up this evening. He thanked the City for the excellent police protection provided to their area and for the Issue 2 funding the City is seeking for a comprehensive plan for the area. Building confidence in the proposed system requires study and time. The Association wants to look carefully at the impact of this proposal on the downstream area. He noted that there were many concerns about the Bright Road Plan regarding the size and cost of the detention pond. He requested that this discussion be continued for a few more weeks to allow time to look at all of the alternatives. John Ferrara. 7653 Tamarisk Court, stated that everyone present tonight except Mr. Kranstuber voted unanimously for this PUD zoning. He brought up the retention ponds at Metro Center and how they contributed to the aesthetically pleasing stream behind the Mayor's house. By the same token, he recognizes there is maintenance involved with these ponds. But the aesthetic value they add is related to the real value. He asked Council to consider what Ms. Wood has said and especially to study carefully the pictures she provided. The aesthetic values are an important consideration. II II I I I I Mr. Harrison Smith responded that he has heard many comments about adding water to the system. But it is important to understand that they are taking storm water out of the system, thereby reducing flows. They are taking everything but 54 acres out of the system. They are not adding water to the ditch system in the south. He added that the engineering on this system has been done. The developer committed to make a major improvement in the Billingsley ditch, and this system will result in a material reduction. More can be done, but this meets the commitment he made, "a substantial improvement in the Billingsley ditch." What they are effectively doing is cutting the flows into the Billingsley ditch by two thirds. They have diverted the water so as not to harm the ravines. They can do one or the other, but not both. They will not do the basic requirements and then add a $1,000,000 system over and above that. Mrs. King stated that Council must make a decision tonight to either move ahead with the proposed plan, with the proposed plan with modifications, to postpone a decision, or to turn down the proposal. She has not heard any clear alternative to this proposal. There is a tradeoff: either you have flood control or ground water recharge. You either have ravine preservation or ravine erosion. Minutes of RECORD OF Dublin City Council Meeting PROCEEDINGS Page 9 Meeting DAYTON LEGAL BLANK CO., FORM NO. 10148 Helti April 19, 1993 19_ II I While this proposal provides some relief on stormwater for Billingsley ditch, it is not yet a perfect solution. All involved have a responsibility to come up with creative solutions. The information received tonight was valuable, but not clear cut. She asked the City Engineer what responsibility the city has to address the pre-development runoff conditions causing problems between the Freitags and the neighbors to the south. Mr. Kindra responded that the city currently only provides emergency maintenance to creeks. This issue was addressed at the last Service Committee meeting, and he is hopeful that policies will soon be proposed and adopted by Council in this regard. Mrs. King added that she wanted to clarify that the developer is addressing flooding problems with the creek on the Kasper and Freitag properties for the property owners and not because the city has any legal obligation to do so. She asked if a tree survey was required as a part of this rezoning project. Ms. Clarke responded that a tree survey was not requested of the applicant for this project. It is a requirement under a final development plan. She is not sure that this requirement will be implemented. What has received final development plan to date is the Hard Road extension. The Hard Road extension has preliminary plan approval as part of the rezoning application and approval. What staff thought was more relevant was a tree protection plan rather than a survey of the trees that are going to be destroyed by the alignment of the road. The alignment of the road was already set. Mrs. King asked further about Ms. Wood's statement that a tree survey has not been required at this time. Ms. Clarke responded that in all of the meetings and hearings with the developer, the tree survey was discussed very briefly. The cost involved for the site was enormous, and staff felt there were other things wanted from the developer more than that. In the negotiating process, if it were an item that the city felt important, it would have been specifically laid out. The city did not do so. Mrs. King asked if a tree preservation plan is being pursued, and Ms. Clarke responded that it is. Mr. Kranstuber stated that the whole issue tonight is whether or not Council should grant a waiver, and the staff information did not include the relevant Code sections about such waivers. He read sections of the Code regarding detention waivers, and concluded that Council must make a determination that there will be no increased downstream flood liability as a result of granting the waiver. Mr. Amorose agreed that this was the commitment made early in the rezoning process. They committed to do whatever it would take to correct the serious problems existing and certainly make it no worse anywhere. Mr. Kranstuber added that he is sympathetic with the school situation, and maybe a creative approach would lead to a way to approve this. The staff presentation tonight was inadequate regarding the Code sections, the old Council minutes from the rezoning, and there is not sufficient detail to make a judgment about the pre-development and post-development conditions. Mrs. King also mentioned that she has concerns with the increased runoff in the ravine area on the north and the 65 acres immediately south of it, and the damage that it would do to the ravine. She is also concerned about delaying the high school, but this issue is not the only one which could hold up the construction. The detention waiver issue must be decided on its merits and its long-term impacts upon the city. Kevin Putnam. RusciIIi Construction, explained why this issue impacts upon the start date of construction for the new high school. The school does not yet own the land, and they also cannot get a permit to start construction until the Hard Road extension is approved. Once the Hard Road extension is approved, this sets in motion the closing on the land process. Redesigning the stormwater retention system for the entire site will take at least three or four months, and the summer construction season will be lost, resulting in a year delay in moving in for the school. Mr. Strip commented that he has no expertise in engineering and must rely on the testimony provided from the professionals. A city is gauged by its school system, and he does not want to see the high school lose another year. He is troubled that the proposed school site sign went up months ago, and yet the first time the waiver request was brought to Council was two weeks ago. He I II Minutes of RECORD OF Dublin City Council Meeting PROCEEDINGS Page 10 Meeting DAYTON LEGAL BLANK CO., FORM NO. 10148 Helti April 19, 1993 19_ believes that it was assumed that Council would approve this waiver. He believes there are too many questions on the table tonight to be answered prior to any vote on the waiver. He, like everyone on Council, is supportive of the Dublin schools; the detention waiver, however, is a City of Dublin issue. Bill Chambers. 6968 Grandee Cliffs, stated that he is speaking as a citizen of Ward 1 and not as a member of the school board. Ward 1 has asked very little of the city in the past 23 years. He commented on the few infrastructure projects done by the City in the northeast quad. The school issue should be a concern of the city of Dublin because the payroll of millions of dollars generates many income tax dollars for the city. For this reason, Dublin should do everything in its power to get the high school construction underway. He believes Council has an obligation to give some guidelines to the developer so that the issue can be resolved and the school project moved forward. Mr. Campbell responded that the reason nothing happens in the northeast quad is because everyone there has fought it for years. He understands that Mr. Chambers is in favor of Council granting the waiver, in spite of the objections made by the citizens tonight, just so that the school project can go forward. Mr. Chambers corrected Mr. Campbell, stating that he does not want Council doing anything which conflicts with their understanding of their jobs. What he wants Council to do is give the developer a solution, Le., "if you will contract with us to put in a stormwater retention basin, then we will go ahead and make it possible for you to get a license. " Mr. Campbell said that his understanding from the majority of citizens was that they had positive feelings about some portions of this, but that they had concerns with the lack of retention in certain peripheral areas. He also heard Mr. Smith say that Council could either "take it or leave it" in regard to the proposal. Mr. Chamber stated that his earlier comments were a net result of a great many years of frustration over the very same things. Billingsley ditch has been a part of his life for at least 15 years. Many solutions have been proposed, and nothing has been done of significance. Mr. Smith commented that he had previously discussed exactly what would be done in terms of the problem to the north. They also said that they would use the pipe and substantially improve the condition in terms of flows in Billingsley ditch. Throughout the P & Z hearings, the Commission and staff have been supportive of this entire concept. He added that the pipe system was always presented as a substitute system, not as an additional system over and above the requirements. The developer is perfectly willing to do what is otherwise required of them to detain. They are also perfectly willing to do what has been proposed this evening. They will not do both. Mr. Amorose stated that he will check the previous minutes of Council, but he doubts if the word "waiver" of stormwater was ever mentioned. Mr. Smith said that they did not even know that a waiver existed. He said that the big pipe came up in a meeting in Mr. Amorose's office. If proper detention was done on the entire site, there would have been no improvement to the Billingsley ditch. Mr. Amorose commented that Mr. Smith must believe that Council is asking for a substantial additional investment for this detention. Mr. Amorose does not believe the numbers would be large. lb.- Mr. Smith responded that the problem lies with the removal of the trees necessary for detention. Basically, it comes down to a choice - you can't have it all. The developer had been asked to direct their attentions to improving Billingsley ditch and they did so. Ms. Clarke stated that she attended every meeting in which this 500 acre rezoning was discussed. She offered to compile all of the minutes for Council if this would assist them in decision making. She clarified that she recalls that Mr. Smith stated he would do "everything reasonable" to help provide a solution to the flooding problem. She does not recall that he said he would do "everything it takes. " Mrs. King asked if staff can make a recommendation at this time reflecting the concerns raised tonight about the need for detention in the northern 120 and 65 acre areas and in the lower 54 acres so that the project could go forward with diversion of a significant amount of the Billingsley creek water through the 6 foot pipes. II Minutes of RECORD OF Dublin City Council Meeting PROCEEDINGS Page 11 Meeting .. JIii ... DAYTON LEGAL BLANK co., FORM NO. 10148 April 19, 1993 -'-- Helti 19 Mr. Sutphen moved to table the detention waiver. Mr. Strip seconded the motion. Mr. Kindra stated that on page 3 of the memorandum dated April 15, the Engineering staff recommended approval of the waiver assuming the concept was acceptable to Council. Staff believes that overall, in the entire development, the stormwater management has been handled within the guidelines of MORPC and standard engineering practices. There were conditions imposed at the P & Z hearing concerning the capacity of the culverts, the velocity reduction structures and erosion controls. He believes the information provided tonight is accurate and is in conformity with the desires of Council regarding the concept plan. Council has sufficient information to act favorably on this waiver. Mr. Mergenthaler, Acting Law Director, responded to Mr. Amorose, stating that once a waiver is granted it likely cannot be redone. He would prefer to have the Law Director give Council that opinion. His observation is that if Council decides to grant the waiver, they should do so knowing that it could increase the City's liability in the event that there is an increase of downstream runoff. Mr. Amorose wondered how the engineering staff can make a recommendation to waive the stormwater detention without seeing the final engineering for all of the parcels. " I Mr. Kindra responded that this is a master plan and those types of details are normally not required. The design is done at the time construction plans are prepared. It is not normal practice to have a design in front of you to consider a waiver like this when you are looking at a master plan. Based on his professional experience and knowledge, this is a normal way of proceeding. Mr. Strip commented that there has been a motion to table and a second. Technically, there should be a vote on the motion and no discussion. In the next two weeks, the questions can be addressed and hopefully a solution will be proposed. Mr. Kranstuber stated that he agrees with Mr. Chambers' statement that the applicant does have a right to a solution. What is needed apparently is some type of hybrid solution. Mayor Rozanski commented that the timeframe for construction of the school is so close that the decision by Council on this waiver tonight or two weeks from now will not significantly impact upon it. He called for a vote on the motion and second to table. Vote on the Motion - Mr. Strip, yes; Mr. Sutphen, yes; Mr. Kranstuber, yes; Mrs. King, yes; Mr. Campbell, yes; Mr. Amorose, yes; Mayor Rozanski, yes. Reports from Council Committees Mr. Strip reported that a Finance Committee meeting is being scheduled shortly to review the pending bed tax applications. The clerk will confirm the date later this week. Mr. Kranstuber reported that Council had received a written report on the Recreation Center compiled by Janet Jordan, Marsha Grigsby, Terry Foegler and Tim Hansley. The Community Center Committee needs, at this point, some direction from Council. Staff has done a great job of financial analysis of the various issues. Council now needs to decide how much to spend and what will be included in Phase One. There are five different scenarios which have been proposed. There may be a need for a public hearing, or perhaps a discussion included on a Council agenda. Mr. Campbell added that, even though it was previously conveyed that another public forum would be held prior to the call on the first phase, he believes that due to the way the process has developed, it may not be necessary or advisable that the public hearing take the form of allowing people to "pound on the desk". The driving force is a combination of funding and architecturally compatible elements. Staff is still considering having surveys done to consider the appropriate level of user fees in the Dublin market, because a significant amount of funding will come from user fees. Public discussion is also needed regarding the developments to date for the Center. Perhaps the Parks and Recreation Committee could hold the public discussion since they have been very involved in the process. Presentations could be made to that committee. Mr. Hansley added that staff recommends that the market study be done to determine the market rate and what people are willing to pay. He is requesting a motion from Council to authorize this study. If timing is an issue, he recommends that Council decide what options they like at the same time the Minutes of RECORD OF Dublin City Council Meeting PROCEEDINGS Page 12 Meeting DAYTON LEGAL BLANK CO.. FORM NO. 10148 Helti April 19, 1993 19_ !W--., ""' ' .,.,~.,. study is ongoing. Mr. Campbell stated that, in order to keep the process moving, Council should have a general discussion of what they think is appropriate for Phase One, making that contingent upon being supported by user fees, etc. Brief discussion followed. Mr. Campbell added that for the public presentation of the Community Center progress to date, he believes the Parks & Recreation Committee would be an appropriate forum. It would allow enough time for the presentation and discussion than would a Council meeting. The money decisions would still need to be made by Council. He added that the Parks & Recreation Committee should not make a recommendation to Council as a result of the hearing. Their job would be to have a forum for public discussion only. Discussion followed. Mr. Campbell then suggested that the regular Parks & Rec meeting on May 12 could be used for a public forum. Mr. Hansley proposed that Council at their next meeting choose which of the options they prefer, assuming that the interest and revenue level is there as shown in the study coming back to Council. Council could then request that the Parks & Rec Advisory Committee hold a public forum explaining the option that Council prefers. Council members and staff who are interested in attending the Parks & Rec meeting could do so to help communicate the basis for selecting this option. Council can then proceed to a final decision shortly thereafter with the results of the market study in hand. Mr. Campbell moved that Council review the draft proposal under the "Other" portion of the next Council meeting to make a tentative decision about what phase one will include, a decision which will probably drive the location; that the Parks & Rec Committee be asked to have a public hearing at their May meeting to explain Council's choice of option; and that Council will make a final determination about the option based upon the results of the study being conducted. 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. Campbell, yes; Mr. Strip, yes. Mayor Rozanski asked if Council will be limited to a choice of the five options proposed, as there is no option including just a leisure pool. The competitive pool is included in all options. Discussion followed. Staff agreed to provide another option with a combination of the leisure pool and gym. Mr. Campbell moved to hire the consultant for the market survey. Mr. Sutphen seconded the motion. Vote on the Motion - Mrs. King, yes; Mr. Amorose, yes; Mr. Kranstuber, yes; Mr. Strip, yes; Mr. Campbell, yes; Mayor Rozanski, yes; Mr. Sutphen, yes. Mrs. King, Public Safety Committee, reported that a meeting was held a week ago. One response was received to the Committee's request for amendments to the gun control legislation regarding the definition of assault weapon. Mr. Smith will make a recommendation to the Committee regarding the proposed amendment, and the Committee will meet again to make recommendation back to Council. Mr. Campbell, Public Service Committee, reported that they met last week. A number of issues were discussed, including stormwater, and minutes will be forthcoming. Nick Mamais. 8483 Davin1!ton. thanked Council and staff for their assistance with the wrestling tournament over the weekend. He added that 1,300 wrestlers attended, 3,000 spectators, and 965 rooms were rented. The rooms rented include ones in surrounding areas - Worthington, Hilliard, etc. He believes this will be an annual event. There is another tournament scheduled for Memorial weekend. He clarified that the tournament was an AAU event managed by an outside party. Dublin simply provided table workers and rented the facility from the high school. This contributed to some Minutes of RECORD OF PROCEEDINGS Dublin City Council Meeting Page 13 Meeting DAYTON LEGAL BLANK co., FORM NO. 10148 Helti April 19, 1993 19_ ~ 'I I I Ii i of the problems with the tournament. Next year, the Dublin club will apply to manage the tournament. The school system rented nine mats to the group. The rest of the mats were borrowed from other school districts. (He provided this information to Council in relation to a bed tax application for funding for wrestling mats.) Comments from Staff Mr. Hansley reported that as of last Wednesday, the City has signed water and sewer contracts with the City of Columbus as of last Wednesday at noon. The map has changed slightly since Council reviewed the initial draft. These maps will be shared with other jurisdictions as soon as they are prepared. Ms. Grigsby recognized the entire Finance staff for the award received earlier this evening, particularly Chuck Coleman for his coordination efforts for the CAFR. Last weekend was a busy one for the Tax department. All monies received have now been deposited. Chief Ferrell stated that the D.A.R.E. graduation is planned for the evening of May 11 and Council will be invited. Tentative plans for the Police Memorial Service are set for Friday, May 14 at 11:00 a.m. Ms. Clarke thanked Council for attending the recent Southwest Area Plan meeting. The Plan will now be updated based upon the comments made from P & Z, Council and the community. Staff will continue to work with the Southwest Area Planning group, a subcommittee of P & Z, and the Land Use Committee of Council. They hope to bring the plan to P&Z in May for final recommendation. Ms. Jordan reminded everyone that Arbor Day is Friday, April 30. Following Mr. Strip's proposal last year to use bed tax funds for the purchase of seedlings, 7,000 seedlings will be distributed to the elementary schools this year. The Arbor Day celebration will begin with a breakfast at Max & Erma's on Friday morning. Ms. Puskarcik reported that the Landmark Tree Program will actually kick-off on the Monday preceding Arbor Day with the tying of green ribbons around landmark trees. Council will soon receive invitations to the Arbor Day breakfast. She also noted that a memorandum will be sent to Council regarding a joint Chamber/City breakfast scheduled for this year at the Sutphen residence. Mayor Rozanski noted that the MORPC luncheon is scheduled for Friday, April 30 at 11: 15 downtown. He requested that Council members interested in attending notify the clerk. Council Roundtable Mr. Campbell thanked Mark Jones for meeting with him and another individual regarding the Old Dublin plans. He also thanked the Police Department staff member who met with a resident on Martin Road recently regarding traffic concerns. " Mrs. King noted that she has had requests from residents for updates about what can be put in recycling bins. Ms. Puskarcik noted that this information was contained in the last issue of Inside Dublin. It will also be contained in a special section for "Earth Day" in the Dublin News, and ads and flyers are currently being developed with this information. Mrs. King complimented the staff on the State of the City address at the Town Meeting. It was an excellent presentation. She also reported that City of Columbus employee George Arnold's father passed away unexpectedl y. k Mr. Sutphen formally announced that he will not seek re-election to Council in November. He has enjoyed serving on Council and he hopes to continue to be a good asset to the community for a long time to come. He plans to take a rest before he comes back. Mr. Strip stated that he is sorry to hear this. Mr. Kranstuber commented about the lengthening of the process for the much needed 270 widening project as recently reported by MORPC. They are apparently going to delay the widening project in order to do more study. Mr. Sutphen noted that this delay is for a bus study. Mr. Kranstuber asked about the memorandum to the Mayor from Chief Ferrell regarding directed Minutes of RECORD OF Dublin City Council Meeting PROCEEDINGS Page 14 Meeting DAYTON LEGAL BLANK CO.. FORM NO. 10148 Helti April 19, 1993 19 patrol versus community oriented policing and the ticket numbers which have been reduced. Mayor Rozanski stated that this memo is in response to his request to Chief Ferrell about the reasons for the drastic decrease in the number of traffic citations. Chief Ferrell provided a brief explanation to Council about this. Mr. Hansley stated that Lt. Geis had planned to give a presentation to Council regarding community oriented policing but the gun control hearings became apriority. Community oriented policing is a nationwide trend. At some point soon, Lt. Geis will give this presentation to Council. Mayor Rozanski commented about the many problems experienced with the P.A. system in Council Chambers at the Southwest Plan meeting as well as tonight. He suggested that the City invest in a system which will work. He asked staff to provide some options to Council to rework the system. Mr. Hansley agreed to provide some recommendations to Council. The meeting was adjourned at midnight. ~(L~ Clerk of Council ~ I I ! ,I Ii ii I' II II I