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HomeMy WebLinkAbout05/03/1993 Minutes of RECORD OF PROCEEDINGS Dublin City Council Meeting Meeting DAYTON I FGAL BLANK CO. FORM NO. 10148 Helti May 3, 1993 19 I 11',.1 The regularly scheduled meeting of the Dublin City Council was called to order by Mayor Jan Rozanski at 7:30 p.m. on Monday, May 3, 1993, and Mr. Strip led the Pledge of Allegiance. Ii II I I I Members of Council present for roll call were: Mayor Rozanski, Mrs. King, Mr. Campbell, Mr. Kranstuber, Mr. Sutphen, Mr. Strip and Mr. Amorose. Mr. Hansley, City Manager, and Mr. Smith, Law Director, were also present. Approval of Minutes of April 5 and April 19. 1993 Meetin2s Mrs. King moved to approve the minutes of the April 5 meeting. Mr. Strip seconded the motion. Vote on the Motion - Mr. Sutphen, yes; Mr. Strip, yes; Mayor Rozanski, yes; Mr. Campbell, yes; Mr. Amorose, yes; Mrs. King, yes; Mr. Kranstuber, yes. Mr. Amorose moved to approve the minutes of the April 19 meeting, with a correction on Page 7 to the spelling of the name "Todaro". Mr. Sutphen seconded the motion. Vote on the Motion - Mr. Kranstuber, yes; Mr. Campbell, yes; Mrs. King, yes; Mayor Rozanski, yes; Mr. Strip, yes; Mr. Amorose, yes; Mr. Sutphen, yes. Correspondence The clerk reported that there was no correspondence to Council. Proclamation The week of April 9 was proclaimed "Small Business Week" in the City of Dublin by Mayor Rozanski. The Mayor asked the clerk to forward this to the Dublin Chamber of Commerce. .. Comments from Visitors There were no comments from visitors. Le2islation 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+ 1- Acres from Washington Township, Franklin County to the City of Dublin, Ohio as Required by Section 709.031 of the Ohio Revised Code. (Third Reading) Mr. Hansley stated that staff recommends adoption by emergency because the scheduled hearing with the Franklin County Commissioners is on May 5. Mr. Sutphen moved to treat this as emergency legislation. Mr. Kranstuber seconded the motion. Vote on the Motion - Mrs. King, yes; Mayor Rozanski, yes; Mr. Strip, yes; Mr. Sutphen, yes; Mr. Amorose, yes; Mr. Kranstuber, yes; Mr. Campbell, yes. Vote on the Resolution - Mr. Amorose, yes; Mr. Campbell, yes; Mr. Kranstuber, yes; Mayor Rozanski, yes; Mrs. King, yes; Mr. Strip, yes; Mr. Sutphen, yes. f' Ordinance No. 22-93 - An Ordinance to Establish an Estimated Average Value of Land Per Acre for Park Fees in Lieu of Land Dedication as Required in the Dublin Coditied Ordinances Section 1l09.02(c), and to Amend Said Section. (Second Reading) Mr. Hansley stated that this is a routine update of the land values. Staff is recommending that this be held over for a third reading. There will be a third reading at the May 17 Council meeting. Jilii. Ordinance No. 28-93 - An Ordinance Authorizing the City Manager to Enter into a Contract with the Fraternal Order of Police Capital City Lodge #9 Regarding Wages, Hours, Terms and Conditions of Employment. (Second Reading) Mr. Hansley stated that Council had previously indicated that they would consider adoption by emergency at the second reading since the contract will automatically become effective before the time of third reading. It should have been shown as an emergency on tonight's agenda. Mr. Strip moved to treat this as emergency legislation and waive the three-time reading rule. He believes it is important to take a position on the ordinance instead of allowing the contract to become effective without taking action. Mr. Kranstuber seconded the motion. Minutes of RECORD OF Dublin City Council Meeting PROCEEDINGS Page 2 Meeting DAYTON I FGAL BLANK co. FORM NO. 10148 Helti May 3, 1993 19 ~'y.. Mrs. King stated that it represents an escalation of the cost of government that is seriously out of step with the economy. A vote to endorse this contract would be misunderstood as a vote to endorse the process. The City needs to send a strong message to the General Assembly that these laws must be changed. Mr. Campbell added that by enacting this legislation on an emergency basis, Council would lend additional support to the process. Mr. Strip stated that Council is pleased with the Police Department and the Police Chief. What Council is displeased with is the process which ties the hands of local government on these contracts. Vote on the Motion - Mr. Sutphen, no; Mrs. King, no; Mr. Campbell, no; Mr. Strip, yes; Mr. Kranstuber, yes; Mr. Amorose, no; Mayor Rozanski, no. - Ordinance No. 29-93 - An Ordinance Authorizing the City Manager to Enter into an Agreement with the Franklin County Public Defender's Office for Defense of Indigent Misdemeants, and Declaring an Emergency. (First Reading) Mr. Amorose introduced the ordinance. Mr. Smith stated that the contract for 1993 was only recently forwarded to Dublin. The total charges for 1992 were about $150, and they anticipate charges of $500 this year. Staff recommends passage. Last year the charges were $32.50 per case, and this year the charge will be $50.00 per case. Mr. Amorose moved to waive the three-time reading rule and treat as emergency legislation. Mr. Sutphen seconded the motion. Vote on the Motion - Mr. Campbell, yes; Mrs. King, yes; Mr. Kranstuber, yes; Mr. Sutphen, yes; Mr. Amorose, yes; Mr. Strip, yes; Mayor Rozanski, yes. Vote on the Ordinance - Mr. Amorose, yes; Mayor Rozanski, yes; Mr. Campbell, yes; Mr. Sutphen, yes; Mr. Kranstuber, yes; Mr. Strip, yes; Mrs. King, yes. ". Ordinance No. 30-93 - An Ordinance Authorizing the City Manager to Enter into Agreements with the Ohio Department of Transportation for the Replacement of Guardrail on U.S. 33, and Declaring an Emergency. (First Reading) Mr. Amorose introduced the ordinance. Mr. Hansley commented that this ordinance is self-explanatory. Mr. Amorose moved to waive the three-time reading rule and treat as emergency legislation. Mr. Sutphen 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. Vote on the Ordinance - Mayor Rozanski, yes; Mr. Campbell, yes; Mr. Strip, yes; Mr. Kranstuber, yes; Mrs. King, yes; Mr. Amorose, yes; Mr. Sutphen, yes. Ordinance No. 31-93 - An Ordinance Providing for a Change of Zoning of 2.488 Acres, Located on the West Side of Sawmill Road, Approximately 400 Feet North of Bright Road to be Rezoned from: R-1, Restricted Suburban Residential District to: OLR _ Office, Laboratory, Research District. (First Reading) Mr. Kranstuber introduced the ordinance. Mr. Smith stated that this is the subject property known as the Abbey property on Sawmill and 270. He recommends that this be tabled due to pending litigation. Staff is working with the attorneys on this matter, but he cannot recommend that this be referred to Planning & Zoning at this time. Mr. Strip moved to table Ordinance No. 31-93 indefinitely. He believes it would be inappropriate to take any action until the litigation is totally resolved. Mr. Amorose seconded the motion. Vote on the Motion - Mr. Campbell, yes; Mr. Sutphen, yes; Mr. Amorose, yes; Mr. Kranstuber, yes; Mayor Rozanski, yes; Mrs. King, yes; Mr. Strip, yes. ... Ordinance No. 32-93 - An Ordinance Providing for a Change of Zoning of 65.337 Acres, Located on the North Side of Summitview Road, Approximately 1740 Feet East of Riverside Drive to be Rezoned from: R-1, Restricted Suburban Residential District to: PLR, Planned Low Density Residential District. (First Reading) Mr. Amorose introduced the ordinance, and moved that it be referred to Planning and Zoning Commission. Mr. Sutphen seconded the motion. Vote on the Motion - Mr. Kranstuber, yes; Mr. Strip, yes; Mr. Campbell, yes; Mrs. King, yes; Mr. Amorose, yes; Mayor Rozanski, yes; Mr. Sutphen, yes. Minutes of RECORD OF Dublin City Council Meeting PROCEEDINGS Page 3 Meeting DAYTON L f"GAL BLANK CO. FORM NO. 10148 Helti May 3, 1993 19_ ".'t Ordinance No. 33-93 - An Ordinance Amending Chapter 1183 of the Dublin Codified Ordinances (planning and Zoning Code) to Regulate Percentage of Building and Parking Coverage Permitted Per Lot. (First Reading) Mr. Amorose introduced the ordinance. He moved that it be referred to Planning & Zoning. Mr. Sutphen seconded the motion. Vote on the Motion - Mrs. King, yes; Mr. Amorose, yes; Mr. Strip, yes; Mr. Campbell, yes; Mr. Sutphen, yes; Mr. Kranstuber, yes; Mayor Rozanski, yes. Mr. Amorose acknowledged Mr. Foegler's efforts in bringing this legislation to Council. ,.. . Resolution No. 5-93 - A Resolution to Set Forth a Statement of Services to be Provided to the Area in a Proposed Annexation of 26.976+/- Acres from Jerome Township, Union County to the City of Dublin, Ohio as Required by Section 709.031 of the Ohio Revised Code. (First Reading) Mr. Amorose introduced the ordinance. Mr. Hansley commented that there is a public hearing scheduled before the Union County Commissioners, and this statement of services is required to be provided for the hearing. This piece of land partially in Franklin and partially in Union County. It is presently a concept plan before the Planning Commission for a residential development around a golf course. In fronts generally in the Avery Road/Brand Road area. Mr. Sutphen asked about the City's liability for existing watershed problems in a proposed annexation area. Mr. Hansley responded that these issues should be studied when the actual rezoning ordinance comes before Council. Tonight's legislation relates to the provision of services and is required under state statutes. Mrs. King commented that Council needs to consider whether proposed annexations are beneficial to the City. The studies in process regarding the City's cost of services will be helpful in the analysis. As the city grows, and the imbalance between the income producing non-residential sector and the residential sector grows, it may become difficult to continue to provide services at the level expected by residents. She prefers that Council hold off on annexations until the study results are in. Mr. Foegler stated that the service cost study will be completed this summer. The fiscal impact study being done as part of the comprehensive plan update will provide a more complete picture regarding service costs. There will be a second reading of the resolution at the May 17 Council meeting. .. Resolution No. 7-93 - A Resolution Authorizing the City Manager to Convey an Easement in the Open Park Space Along Cosgray Road to Ohio Bell Telephone Company for Installation and Maintenance of Underground Communication Systems. (First Reading) Mr. Amorose introduced the resolution. Mr. Hansley stated that this is a request for an easement in an existing roadway leading to Cosgray Park which the City owns jointly with the township. The township has already approved this request. City staff has included two conditions as listed on Exhibit B. There will be a second reading at the May 17 Council meeting. .. Ordinance No. 34-93 - An Ordinance Accepting the Lowest and Best Bid for the Wallcovering at the Dublin Justice Center, Authorizing the City Manager to Execute a Contract Governing Said Project, and Declaring an Emergency. (First Reading) Mr. Sutphen introduced the ordinance. Mr. Smith requested that Council table Ordinances 34-93, 35-93, 36-93, 37-93 and 38-93 for two weeks. He was informed late today that the furniture bid is being challenged in regard to procedures and some substantive issues. The other four cannot be passed because of concerns that the package will exceed 10 percent over the original estimate. He would like additional time to further investigate the issues about this challenge. Mr. Harding stated that if the other four contracts were awarded tonight, it would not exceed 10 percent above the estimate for those four. The one contract in question could be removed and still be below ten percent on the four remaining contracts. Mr. Smith then suggested that Council table only Ordinance No. 38-93, and proceed with 34 through 37. He asked that 38-93 be tabled for two weeks. Mayor Rozanski commented that he would prefer to have Mr. Harding's information in writing before Council takes any action. Mr. Harding responded that Council should then defer this for two weeks. Mr. Hansley added that the bids have a 90-day delivery to coincide with occupancy of the Justice Center. .. Minutes of RECORD OF Dublin City Council Meeting PROCEEDINGS Page 4 Meeting DAYTON LEGAl BlANK CO, FORM NO. 10148 Helti May 3, 1993 19_ ... Mr. Campbell suggested that Council merely hold these over for second readings. This will allow anyone who has objections time to come before Council. Council could still pass them on an emergency basis at that time. Mr. Hansley clarified that Mr. Banchefsky had provided a legal opinion earlier today to staff, stating that if in fact the bids were advertised together that the 10 percent overage issue is not a problem. Staff has requested that this be given to them in writing. Staff would recommend that the contracts not being challenged be awarded tonight. Brief discussion followed. There will be a second reading of Ordinance 34-93 at the May 17 Council meeting. .~. Ordinance No. 35-93 - An Ordinance Accepting the Lowest and Best Bid for the Storage Systems at the Dublin Justice Center, Authorizing the City Manager to Execute a Contract Governing Said Project, and Declaring an Emergency. (First Reading) Mrs. King introduced the ordinance. There will be a second reading of Ordinance 35-93 at the May 17 Council meeting. Ordinance No. 36-93 - An Ordinance Accepting the Lowest and Best Bid for the Carpeting System at the Dublin Justice Center, Authorizing the City Manager to Execute a Contract Governing Said Project, and Declaring an Emergency. (First Reading) Mr. Sutphen introduced the ordinance. There will be a second reading of Ordinance 35-93 at the May 17 Council meeting. .. Ordinance No. 37-93 - An Ordinance Accepting the Lowest and Best Bid for the Millwork and Window Blinds System at the Dublin Justice Center, Authorizing the City Manager to Execute a Contract Governing Said Project, and Declaring an Emergency. Mr. Sutphen introduced the ordinance. There will be a second reading of Ordinance 35-93 at the May 17 Council meeting. Ordinance No. 38-93 - An Ordinance Accepting the Lowest and Best Bid for the Furniture for the Dublin Justice Center, Authorizing the City Manager to Execute a Contract Governing Said Project, and Declaring an Emergency. (First Reading) Mr. Sutphen introduced the ordinance. Mayor Rozanski asked Susan McCabe of Thomas Ruff if she would like to speak about this issue tonight. She declined. There will be a second reading of Ordinance 35-93 at the May 17 Council meeting. .. Other Dublin Women's Club Appeal for Additional Hotel/Motel Tax Funds Susan Smiley. 5260 Reserve Drive. introduced the Women's Club board members who accompanied her: Linda Gadek, President; Marlie Morin, First Vice-President; and Onetta McGLaughlin, Second Vice-President. MarIie and Onetta are co-chairs of the Dublin Arts Festival this year. Ms. Smiley stated that the club had previously accepted a grant of $12,500 (of the $25,000 requested) for this event. They planned to return to Council when more precise figures were available for the event which will be expanded to two days this year. They are seeking an additional $14,720 grant. She added that the festival meets 4 of the criteria for bed tax funding - it is a special event, cultural, enhances the City, and appeals to visitors and tourists. Last year 150 artists participated and this year they expect to have 200. Last year's event was attended by 12,000. The Women's Club is working with the Convention Bureau, Arts Council and Ohio Historical Society to make the festival a weekend getaway destination. fit' Onetta McGlaughlin stated that the decision to move the event from downtown Dublin to Coffman Park was made because safety considerations due to the large crowd. Secondly, they want to expand the festival to a two-day event. Another factor related to the move is the cost of city services, tent rentals, electricity, and inspections, and the need to pay overtime to have the event staged downtown. There will be a shuttle bus from Coffman Park to downtown Dublin. Marlie Morin stated that the budget has been revised in anticipation of the new format for the festival. They will cut costs in as many areas as possible. Since the Women's Club main goal is philanthropy and this is their main fundraiser, they must generate a profit to justify this enormous effort. They hope to generate interest this year for tour groups. They are asking for an additional grant of $14,720 at this time. Linda Gadek. 5591 Dumfries Court, stated that this is the 15th year of the Dublin Women's Club operations and the 13th consecutive celebration of the Festival of the Arts. It is second in scope only Minutes of RECORD OF Dublin City Council Meeting PROCEEDINGS Page 5 Meeting DAYTON t FGAL BLANK CO. FORM NO. 10148 Helti May 3, 1993 19_ "" ~"".H~-. -.._______ __ +>_.._-"._--~--_.- I I to the Muirfield Tournament on Dublin's Calendar of Events. Ninety percent of the profits are Ii applied directly to Dublin charities. The membership ofDWC has reached a consensus that without the requested support from Council, they will no longer be able to produce a first class event nor provide adequate return for their philanthropy. If Council feels that the festival is important for Dublin, they will proceed with plans for this larger event. Without this additional funding, the DWC will consider cancelling the event next year in favor of simpler, safer alternatives for the club for fund raising. They hope Council will join the Women's Club in the celebration of art which has made the festival an important part of life in Dublin. Mr. Strip commented that the issue is to what extent Council will fund the event in light of the demands for bed tax dollars, including possibly the new Community Center. The additional funding request is not for expenses for the festival, but to add to the profits. Ms. Morin stated that last year the group made $10,500. They want to make at least this much in 1993 since they are making this a two-day event. She emphasized that philanthropy is the main goal of the DWC. Discussion followed. Mr. Kranstuber moved to appropriate an additional $5,000 from hotel/motel tax funds for the Festival of the Arts. Hopefully, this would be a one-time increase in funding due to the larger scope of the event. Mr. Strip seconded the motion. He suggested that next year, hopefully, the request for funding will be reduced. ... Mrs. King stated that she would prefer that an additional funding recommendation would be based on covering the city costs associated with the event instead of such an arbitrary number. .... Mr. Campbell stated that he will support Mr. Kranstuber's motion in order to come to consensus for the matter. Mr. Strip pointed out that the Committee spent lots of time reviewing this application previously. The intent of the $12,500 grant was to cover the costs for city services, and the grant represents a 25 percent over last year and a four-fold increase over a few years ago. 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. TeamColumbus Request for Additional Funds for Marketing Mr. Strip summarized that TeamColumbus has requested an additional $32,000, and the Finance Committee recommends approval of an additional $2,000. He moved to approve this recommendation. Mr. Amorose seconded the motion. Vote on the Motion - Mr. Sutphen, yes; Mr. Strip, yes; Mayor Rozanski, yes; Mr. Campbell, yes; Mr. Amorose, yes; Mrs. King, yes; Mr. Kranstuber, yes. Stormwater Detention Waiver for the Northeast Quadrant in Connection with the Hard Road Extension .,-. ." .... Mayor Rozanski announced that lengthy testimony had been taken at the last Council meeting on this issue. Tonight's presentations will be from the developer and from staff. Council will then have discussion on the issue and proceed to vote. Harrison Smith. representing the property owners, requested that the northern portion of 120 acres and 76 acres be deferred without prejudice to coming back before Council. Staff has recommended a solution, and the property owner would like additional time to study the possibilities. Bob Parkinson is in attendance this evening. Mr. Smith deferred to city staff for the presentation. Randy Bowman. Assistant City Engineer gave a brief presentation to Council using overheads to summarize the waiver request under consideration tonight. He noted that the 120 acres and 76 acres in the northerly section have been withdrawn from the waiver, as stated by Mr. Smith. He mentioned that the Hard Road storm sewer trunk pipe is sized to carry a five-year storm, and for this reason a portion of the site will be allowed to have a release rate equivalent to a five year pre- Minutes of RECORD OF Dublin City Council Meeting PROCEEDINGS Page 6 Meeting OAYTON I FGAl BLANK co. FORM NO. 10148 Helti May 3, 1993 19_ I II developed storm. There will be on-site detention and a wet pond for the high school. There will also be on site detention for the commercial and multi-family. For the commercial sites, most of the detention will be handled by the parking lots. overheads of the hydrographs. There has been concern about the size of pipes outletting into the north branch of the Billingsley ditch. What is currently shown on the plan are three pipes: one is a 30-inch, one is a 15-inch, and another is a 21- inch pipe. The developer is requesting a total waiver of detention on the 54 acre lower portion of the site. MORPC guidelines require that the stormwater runoff release rate be controlled according to the critical year storm. The critical year storm is determined by the increase in runoff between post-development and pre-development conditions. He next explained the hydrographs distributed to Council this evening. The hydrograph for the 39 acres shows th.e difference between pre- development flow and post-development flow as 244 cubic feet per second and 65 cubic feet per second or a two-thirds reduction in flow rate. The hydrograph for the 15 acres shows the reduction of flow rate for pre and post-development as 48 cfs to 27 cfs. He offered to answer any questions from Council. >tl*i', '''\. Mr. Smith, Law Director, stated that a question was asked at the last meeting about the City's increased liability resulting from granting this waiver. In his opinion, the city incurs no more liability by granting the waiver than it presently has. In fact, relying upon the engineering data, the professional staff of the city is managing risk very well by approving the waiver and reducing the liability risk. ,., Mr. Amorose commented as follows: 1. Many previous concerns related to the 120 and 75 acre parcels in the northern portion. The developer and staff have recognized that these areas need further study by withdrawing these from the request this evening. 2. He appreciates the additional information about the lower 54 acres in the form of hydrographs given to Council this evening. He would have preferred to have this information much earlier. It has been difficult to obtain this information. 3. Assuming the hydrographs are correct, he is much more comfortable that the situation can be handled properly from an engineering standpoint. 4. He noted that several residents would like to speak this evening. Mayor Rozanski stated that Council has already taken extensive public testimony. He is willing to take testimony, but only from those who have new information or from residents who have not spoken before. Larry Vance. 4143 Macduff Way, commented as follows: They request that written agreements be obtained from the developer prior to granting the proposed waiver relating to stormwater discharge and the possible depletion of groundwater which nourishes the wells of nearly 100 residents in the drainage basin. He recommends that Council avoid liability by obtaining from the developers assurances in writing that: (1) the excessive stormwater discharge in the northwestern sub-basin and the Billingsley sub-basin be detained by a stormwater detention basin adequate to relieve the discharge and stay within current capacity of the outlet or that the developer present a proposal for enlarging the outlet which would be acceptable to the property owners; and (2) the domestic water system to the residents will be replaced if a failure of these wells is experienced within a lO-year period. .. II Discussion followed. Mr. Foegler pointed out that, regardless of how standard or substandard the downstream structures are, two-thirds less water in a peak rain event will no longer enter the north fork of Billingsley ditch. The proposed diversion and associated improvements will dramatically improve the situation. ~~. ' Discussion followed by Council and staff about the positive aspects of the stormwater planning associated with this rezoning, and the communication problems related to this waiver request. Mr. Smith commented that the well issue was researched by his office. He added that if something would later happen to the wells after a rezoning was approved and it could be proven whose fault it was, it could lead to litigation. But when this property is 90 percent developed, the water lines will be available to tap into should there be problems with the wells. Cindy Pittaluga. 4281 MacDuff Place, gave a copy of prepared comments to Council and read them into the record. Her concerns are as follows: Minutes of RECORD OF Dublin City Council Meeting PROCEEDINGS Page 7 Meeting Marcia Wood. 4300 Bril!ht Road, stated that she has done additional investigation since the last I Council meeting and continues to believe the stormwater detention waiver is reckless and ill-planned. Her comments about the Billingsley stream in the southern tract of the development were as follows: I I Helti 1. I 2. II .""-1 II 'I 3. I: ... " :1 4. !, II 5. I I 6. 7. 8. -' *' . ""'" c. 2. 3. 4. 5. 6. DAYTON I FGAL BLANK co. FORM NO. 10148 May 3, 1993 19 She notes a sudden urgency to approve these plans concurrent with the need to construct a new school for the district. The issue before Council is a very grave and complex one. A comprehensive engineering proposal for a solution was not submitted until 1 p.m. on the day of the public hearing and scheduled vote on the matter. She provided a brief history of the rezoning agreement in regard to the stormwater issues as documented in minutes of P&Z and Council meetings. Granting the waiver places both Council and the developer in breach of their original agreement for initially granting the rezoning. The proposal is not reasonable in terms of the waiver statute or the potential liability to city and the developer for deviation from minimum MORPC guidelines. Homeowners have a right to be left no better or worse off than they were before this project began. If the City proceeds with granting this waiver, she requests written assurance that the developer will provide adequate outlet to deal with peak flows of discharge of stormwater and assume responsibility to restore the outlet if damaged. Requests that the developer post an adequate surety bond to assure that existing domestic water supplies to all residents are provided from a period of ten years from the date of construction completion. The test of affectation will be two adjacent properties experiencing simultaneous well depletion. Robert McCoy. 4273 MacDuff Place, stated that he moved in last April and has lost 16 inches of topsoil to a depth of three to four feet. Recently, during a one-inch rainfall, the creek rose to the level of his yard and became a raging torrent. The Billingsley ditch can handle no more water. The situation is so dangerous during heavy rainfalls that it could lead to a drowning. His property is being rapidly destroyed due to this situation. He noted that the Engineering Department has recently been on his property photographing the condition of the stream. These pictures should have been submitted to Council as they show erosion and exposure of tree roots. Mr. Campbell responded that the City has recently undertaken a stream survey of the city to assess the condition of the streambeds throughout the city for implementation of a comprehensive stormwater management program. This is why city workers were taking photographs of Mr. McCoy's property. Robert Brown. 3888 Inverness Circle, south of Bright Road, stated that his main concern is that the same rules be imposed for development of the northeast quad as were used in the rest of Dublin. He wondered where else in Dublin parking lots have been used for detention. Mr. Bowman responded that under the MORPC guidelines, parking lots may be used for detention. The depth permitted is regulated. Mr. Campbell added that there is a parking lot at Wyandot Elementary between the school and the pool. He recalls that the parking lot is used for partial detention on the site. Drains are installed which drain into detention ponds and then into the creek. 1. There is widespread damage and deteriorating conditions in this body of water. As part of the PUD approval in 1990, they agreed to alleviate some of the flooding in the stream. Taking 107 acres out will not make an impact on the flooding problem, as there are 614 acres of development runoff from the east side of Sawmill Road which comes into their area. The City of Dublin owes him no concessions since he has not solved the flooding problems for the Billingsley stream. Waiving detention for the 54 acres and 86 houses, diverting this to the north branch of the Billingsley stream will spread the misery. The culvert at Macbeth is 42 inches in diameter and inadequate to carry the flow. The runoff from forests and farmland will now take 15 minutes to reach the Billingsley stream as the development renders the land impermeable. No one will guess at what levels the water will be when it initially hits the area. The sustained flow which could result will cave in stream banks, topple trees, and choke the streams with sediment. The Service Committee has recommended that maximum MORPC standards be followed until the stormwater plan for the city can be rewritten. Minutes of RECORD OF Dublin City Council Meeting Meeting PROCEEDINGS Page 8 .. ' J8<"."l .,.",," ... . ...,,',~ DAYTON I FGAL 81 ANK co. FORM NO. 10148 Helti May 3, 1993 19 ii I' Ii II II II I I I I :1 II I[ 7. This waiver has minimum MORPC standards. Council has an obligation to consider off-site damage caused by this waiver. The original PUD agreement of retention/detention should be upheld. Mr. Kranstuber emphasized that this developer is not being given concessions, as he has agreed to spend almost $1,000,000 to provide more than our standards require. Mr. Foegler reiterated that this is not going to solve the Billingsley ditch problems. The vast majority of Billingsley ditch tributaries are not in the City of Dublin and are beyond Dublin's control. He noted that this developer did agree to allow the City of Columbus to build the detention basin on this property early to help alleviate some of the downstream problems. Mr. Campbell again emphasized that: 1. Council and the schools are separate bodies. The construction of the high school and need for this waiver to proceed with the project cannot be part of the consideration. 2. Council needed additional time and information before they made any decision on the matter. He was particularly concerned with the City's liability in granting this waiver, and Mr. Smith has now assured Council that there is no greater liability. 3. The city's and developer's engineers are recommending this system, and Council will rely on their expertise in making this decision. Mrs. King stated: 1. Council has a responsibility to take all information into account and some of the issues raised tonight deserve a response: the concerns about groundwater and capacity problems resulting from the waiver of detention in the 54 acres. 2. She suggested that the City do a baseline study, identifying the present static water level in the existing wells. Discussion followed about factors which could affect groundwater levels, and of what value a static level would be. Mr. Hansley added that, unless there is a motion from Council, he would not proceed to undertake such a survey due to the costs and staff time associated with this. Mr. Strip stated that he believes the static water level issue is separate from the detention waiver under consideration tonight. He would like to bring closure to the detention waiver issue. Mr. Kranstuber and Mr. Campbell agreed. Mr. Amorose commented that, for accuracy, a well test would have to be done on each well. He is hopeful that if property owners do have well problems in the future, the city would work swiftly with them to assure them that water lines would be installed. In the past, the city had committed to share somewhat in the costs. Mr. Amorose clarified from previous Council records that on June 11, 1990, Mr. Smith commented that if the stormwater drainage study was commissioned, they would pay $5,000 towards the cost of that study. Mr. Smith further stated that he would comply with whatever the requirements would be. Mr. Smith declined to respond. Mayor Rozanski read a motion drafted today in his discussions with staff. He proposed that Council approve waiving detention on 54 acres of single-family development located on the south side of the proposed hard Road Extension and to allow detention release rate to be modified to a five-year storm release rate for multi-family, commercial, and school areas on 347 acres north of the proposed Hard Road Extension in accordance with MORPC guidelines and the following three conditions: 1. That all of the conditions established by the Planning and Zoning Commission as part of its January 7, 1993 approval for the Stormwater Master Plan for the Northeast Quadrant be incorporated as conditions to the detention waiver as herein described. 2. That additional detention waiver requests for other areas in the Northeast Quadrant must be presented to City Council for review and approval. 3. That the requirements of the City Engineer for all stormwater outletting to the Billingsley Ditch and its tributaries and the Scioto River be followed. Mr. Kranstuber moved to adopt this motion. Minutes of RECORD OF Dublin City Council Meeting PROCEEDINGS Page 9 Meeti~g_ . nAYTON lEGAl Bl ANK co. FORM NO. 10148 Helti May 3, 1993 19_ '" I I I II 11./" Vote on the Motion - Mr. Strip, yes; Mr. Sutphen, no; Mayor Rozanski, yes; Mr. Kranstuber, yes; Mrs. King, yes; Mr. Campbell, yes; Mr. Amorose, yes. I I I il II I, i j I Mr. Campbell seconded the motion. --;--*, Mrs. King clarified for the record that this waiver does not include the 195 acres to the north. Mayor Rozanski agreed. Discussion Regarding Phase One Elements for the Community Recreation Center Mr. Kranstuber stated that Mr. Foegler, Mr. Campbell and he met today and recommend that Council not choose options for Phase One prior to receiving the report from the consultant. Thus, the Parks and Recreation Committee will proceed to have presentations on progress to date at the May 19 meeting. Ms. Jordan emphasized that the Parks and Recreation Advisory Committee regular meeting has been moved from May 12 to May 19. Reports from Council Committees Mrs. King, Safety Committee. requested that the Law Director advise the committee on proposed amendments to the gun control legislation so that a meeting can be scheduled. Mr. Kranstuber, Land Use Committee, passed out a summary from a recent meeting. He commented that input may be needed from Council at some point regarding the 270/161 interchange landscape improvements. ..,. Mr. Strip commented that he believes Council goals should be funded from the City budget and not from bed taxes. He suggested that Council members give their thoughts to the Mayor on this.] Brief discussion followed about the 1993 goal setting process. Comments from Staff Ms. Jordan stated that the master planning process has now started for Cosgray Park. It will be included in next year's budget. As part of the Arbor Day celebration, 6,000 trees were distributed to the elementary school students. She also noted that the Landmark Tree Program was successfully kicked off on Arbor Day. This idea was originated by Paula Chope, Urban Forester, and Barbara Setterlin, seasonal employee from Parks and Recreation. Mr. Smith stated that there is no need for an Executive Session this evening. Ms. Puskarcik introduced Katie Foley of the Dublin Villager and Larry Houck of the Dublin News, both recently assigned to cover the Dublin area. Council Roundtable p" Mrs. King noted that: 1. The City of Hilliard recently funded ball fields with a $100,000 grant from the State. She suggested that Dublin investigate state funding options. 2. Sorry that she missed the successful Arbor Day celebration. She finds it ironic that we distribute thousands of seedlings, yet allow the development of an area where the removal of one tree is equal to all that have been recently planted. 3. Sediment control for the project where a detention waiver was granted tonight will be crucial. Bristol Commons has experienced a critical sediment loss, and she asked staff to monitor the situation. 4. Larry Holbrook, Muirfield Association, has requested a meeting with Mr. Kindra, herself and the landowners along the stream which runs through her yard to discuss sedimentation and erosion controls. - Mayor Rozanski commented as follows: 1. He, too, is concerned about sediment controls. Dublin does far less in this area than other communities. This situation needs to be addressed. Minutes of RECORD OF Dublin City Council Meeting PROCEEDINGS Page 10 Meeting DAYTON I F(.;AL BLANK co. FORM NO. 10148 Helti May 3, 1993 19 ~--\, Me. Foegler responded that this will be incorporated as part of the subregs. There are no existing regulations on this to enforce at the present time; however, the engineering staff now requires detailed sedimentation and erosion control plans. The inspectors are currently being trained about proper sedimentation and erosion control. Mr. Foegler stated that a draft of the subregs will be updated by the end of this year. 2. Mayor Rozanski also noted that there are two board/commission openings: one on the BZA and one on the BCAB. Me. Pandora resigned and Me. Lane is now deceased. He suggested that Council members review the applications on file so that appointments can be made at the May 17 Council meeting. He also asked Me. Lenz to review the applications to see if there are candidates who are qualified for the BCAB appointment. 3. He asked for confirmation about a public hearing date for Ordinance 25-93 involving changes in the historic district. Many of the residents have not been notified of the changes which involve their properties. Me. Foegler responded that residents were notified of hearings at Planning & Zoning, and that the clerk will mail notices to residents about the public hearing date for Council. 4. He asked for confirmation that the City-sponsored breakfast will be held at the Sutphen house during the Tournament. Staff confirmed that the breakfast will take place on Friday, June 4 as previously communicated to Council. The meeting was adjourned at 11 :20 p.m. .. ~ ~.~ M~reSiding ffi ~. ... ~A- ~ ~ Clerk of Council ... . ''1i.;,