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HomeMy WebLinkAbout06/04/1990 RECORD OF PROCEEDINGS Minutes of Dublin city Council Meeting Meeting DAYT N LEGAL BLANK CO. FORM NO. 10148 Held June 4 1990 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, June 4, 1990. Mrs. King led the Pledge of Allegiance. Members of Council present were: Mr. Amorose, Mr. Campbell, Mrs. King, Ms. Maurer, Mayor Rozanski and Mr. Strip. Mr. Sutphen had an excused absence. Mr. Hansley, City Manager, and Mr. Stephen J. Smith, Law Director, were also present as were: Mr. Bowman, Ms. Clarke, Chief Ferrell, Mr. Foegler, Mr. Harding, Ms. Jordan, Mr. Mack, Mr. McDaniel, Mrs. Metz and Mr. Willis of the City Staff. Mr. Strip moved to approve the minues of the May 21, 1990 meeting of Dublin City Council. Mrs. King said that she had requested additional information regarding Resolution No. 20-90 (Statement of Services - Proposed Annexation of 733 Acres from Washington Township to the City of Dublin) - information as regards land uses, fiscal impact, revenues to the City, etc. That request for information will be added to the minutes. Mr. Amorose said that on page seven of the minutes, the second paragraph, line five that it should read "Dublin Village Square" and not "Dublin Village Center". Mr. Amorose seconded approval of the minutes with the above addition and correction. Vote - Mr. Amorose, yes; Mr. Campbell, yes; Mrs. King, yes; Ms. Maurer, yes Mayor Rozanski, yes; Mr. Strip, yes. Comments from Citizens (Items not on the agenda) Mr. L. Eberhart, Washington Township Trustee, reported that the Trustees had met with the Dublin City Council on May 14, 1990, for the purpose of perhaps redrawing boundaries in order to provide the same fire and medic services to all the residents of Dublin. He said that the trustees were available at the meeting if there were any questions or request for additional information from members of Dublin City Council. Mayor Rozanski reported that Council had met on Thursday, May 31, 1990 with the Concord Township Trustees as well regarding fire and medic services to the Concord Township portion of Dublin in Muirfield. Mrs. Catherin Headlee noted that a hole/ditch/pond had been dug on property adjoining her home, in violation of code, without knowledge of City staff, sometime recently between 5:30 in the evening and 8:00 the following morning. The person/company doing the digging had no plan, no engineering studies, etc. Since that time she said that there has been flooding of that property as well as flooding of her front yard, also noting that part of the runoff is coming from Avery Road Park. Mrs. Headlee also noted that since the first digging that there have been two additional holes/ditches/ponds dug with one being on Avery Road and the other in the area behind the Riviera Country Club. She said that one of the areas has been corrected but that the other two have been left open. Mr. Hansley and Mr. Willis said that they would check into the situation. Mrs. Headlee also mentioned code violations, and showed photographs of same, as regards high weeds in open fields, specifically mentioning Canadian thistle and the damage they can do unless proliferation of same is checked. Mrs. Headlee said that she wanted enforcement of the weed ordinance. Mr. Jack Chaisson, a resident of the Concord portion of the City of Dublin, requested an opportunity to speak to the fire and rescue squad issue on behalf of himself. Mr. Chaisson said that he had been present the previous week at the presentation made by the trustees of Concord Township on the matter, and said that he was very disappointed in the presentation and also said RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting E AL BLANK CO. FORM NO. 10148 Held June 4, 1990 19 Page Two that he does not believe that they can provide the level of fire and rescue service that residents in the Concord portion of the City of Dublin are expecting. He also asked what Council's timetable on pursuing the matter was. Mayor Rozanski said that a timeline had not been set by Council; that the issue would probably be discussed further in an open meeting, and that Mr. Chaisson would be notified when discussion of said topic is scheduled. Mrs. King suggested moving forward and resolving the issue in a timely manner, suggesting also that Perry Township and Plain Township be involved in the discussions as well. Mayor Rozanski said that Council, hopefully, will make a decision before June 24th, as requested by Washington Township, because they need to know how to proceed with the fire levy issue. Mr. Larry Anderson, a neighbor of Mr. Chaisson's in Muirfield, reported that last August he lost a son while waiting 20 minutes for Concord Town- ship and Washington Township medic squads to arrive at his home. He noted that Washington Township provides a very professional service. Mr. Anderson asked Mr. Smith whether the issue of whether a municipality has an obligation to provide a service of a timely nature, irregardless of old boundaries for police and fire protection, had ever been taken to the Supreme Court. Mr. Smith said that to his knowledge there has not been a case in the Supreme Court with respect to response time or providing the service in a timely manner. He did not, however, that there have been a number of jurisdictional matters taken to a number of courts, both appellate and supreme court, but not as regards this particular issue. Mr. Anderson said that he felt that it was an issue of providing a quality service for a quality standard of living in a community. Mr. Anderson also said that he understood that Council did need to consider the people in Concord Township whose taxes would have to be raised if boundaries were changed. Mr. Strip recalled that approximately two years ago the issue was on the ballot and that the residents of Concord Township, Dublin, voted by a ratio of 3 to 1 against having full time fire and emergency protection Mr. Anderson said that he did not care in which township he resides; that he is a resident of the City of Dublin, and that Dublin has an obligation to provide fire and police protection, emergency. He suggested that perhaps changing Ohio law should be considered. Mr. Strip noted that all residents of Dublin are given protection by town- hip fire departments; that Dublin, the City itself, does not offer that protection, but that perhaps they should. Ms. Maurer noted that the citizens had been given two opportunities to vote on the issue - the first time when the citizens of Concord Township were asked to vote on whether or not they wanted to be serviced by Washington Township. and that issue was defeated. The second opportunity was when they voted on the merger which was also defeated. Ms. Maurer said that Council was very concerned about the issue She reported that Concord Township had said that they would get the 911 problems "worked out" so that they actually do get notice as quickly as possible to Washington Township automatic reponse. She also said she did not know whether Washington Township is going to be willing to continue to offer automatic response, considering the difference in the tax support and the services. Mr. Anderson said that he thought that it was strange that residents have fire and police protection under a township arena. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting N E AL BLANK CO. FORM NO. 10148 Held June 4, 1990 19 Page Three Mayor Rozanski announed that there would be no formal third reading of Ordinance No. 76-89, but simply a brief informal discussion. Mr. Harrison Smith, representing the property owners, made the following comments: 1. Following the Public Hearing at the last Council meeting met with the owners of the properties. 2. Reported to them what had transpired at the meeting. 3. Suggested that they at least look at the possibility of doing some- thing in terms of amending the plan. 4. Furnished them a copy of the document prepared by the East Dublin Civic Association regarding the rezoning. 5. Told them that in the realm of planning and zoning the following had been promised: Hard Road extended; lease cost public sewers must be negotiated; Sawmill Road frontage should have a uniform treatment; land must be amassed for a community park; a proper interior roadway network must be developed; large lot development along the Riverside Drive Corridor; higher density, two to three, as you move towards Sawmill Road; higher intense uses along Sawmill Road possible as long s it develops in an integrated fashion with an interior network of roadways surrounding the more intense forms of development; uses may include multi-family, offices and limited retail commercial uses. 6. Were requested to enter into a negotiating process by City Staff to come up with a plan not only for this property but for everything north of Bright Road. 7. The negotiating process broke down. 8. Several members of Council expressed a desire for the reduction in density and a decrease in the amount of retail/commercial space. 9. The applicants own the property; they are not holding options or contracts to buy. 10. They cannot accept a zoning that does not enable them, from a financial standpoint to do the job. 11. The commitment not to use Summit View cost the applicant about one and one half million dollars because they will build their own street system. 12. The following modifications were made to the plan: A. Total decrease in retail from 290,000 square feet to 198,000 square feet, equal to 32% decrease; now totals 4% of site. B. Total decrease in multi-family units equal to 220 units or 25% decrease. C. Single family increase by 55 lots, now total 45% of total land use. D. Office increase by 10 acres, now totals 4% of total site. E. Total decrease in density equal to 165 units or 14%. F. Open space decrease by only 5 acres while requirements dropped by 10 acres, now 22% in excess of requirement (N?I public active park). G. Setbacks increased on retail, multi-family, and office portions to minimum 50' for building, 40' for parking. (Sawmill Road 50' for parking and pavement on retail and office, 70' for multi-family). H. Retail restricted to one (1) anchor at 110,000 square feet and all other retail shops no greater than 10,000 square feet. I. Finish grade on all multi-family units, retail and office, adjacent to roadways, shall be no higher than 1' above roadway grade. J. Final text shall contain clause requiring regular maintenance on retail/office. 13. 4% of the site in terms of the area were looking at from a planning standpoint, 1.5% of the site, which is less than the commercial allocation in any of the other quadrants in Dublin. RECORD OF PROCEEDINGS Minutes of Dublin city Council Meeting Meeting DAVT N LEGAL BLANK CO. FORM NO. 10148 Held June 4, 1990 19 Page Four 14. Agreed to hold off development on one particular site under the bridge situation is resolved because if that road to come to a certain location the deveoper has agreed to widen that intersection and that it will be designed in accordance with the requirements of the City of Dublin. 15. The maintenance agreement will be put in as a part of the zoning commitment so that that agreement is enforceable. 16. The relationship of multi-family to single family is basically the same as is in Earlington. 17. In one of the multi-family areas there will be built a seven acre lake which will handle four acres of retention to help the east side of Sawmill. 18. With respect to the school situation, the agreement which is a part of the text is acceptable to the neighbors to the west. There is a landscape/buffer along the west side. There is a requirement in the text that says that there should be no pedestrian or vehicular communication between the elementary and the high school. The school may have reservations regarding that requirement. Mr. Smith said that he would have a copy of the maintenance agreement mailed or delivered to each Council member before the next meeting, and that it will be a part of the text. Mayor Rozanski announced a Special Meeting of Council on Monday, June 11, 1990, at 7:30 P.M. for the purpose of holding a third reading on Ordinance No. 76-89 as well as discussion and hopefully resolution of the bridge site across the Scioto River. Mr. John Ferrara, President of the East Dublin Civic Association, said that he felt that the developer had done a good job in "rolling back" some of the numbers; that progress had been made, but that they still had some concerns. He referred to written information prepared by Mr. Bob Brown with revised ratio and density calculations - the ratio has gone from 740% increase in the City of Dublin lot unit count to a new ratio of a 435% increase. With regard to the retail, he asked Council to pursue a further reduction. He also urged Council to pay particular attention to the setbacks - will the setbacks be wide enough to handle the widening of Sawmill Road? Also, the same attention to the setbacks should be applied to the Hard Road extension and the other internal road systems. On behalf of the East Dublin Civic Association, Mr. Ferrara thanked the Dublin City Council for the opportunity to be a part of the process. Mr. Campbell wanted to emphasize the fact that this development was being considered as a part of the entire northeast quadrant and that in terms of ratios and densities for this development, that a precedent is not being set for the remainder of the quadrant. He also noted that being considered is that the area north of Summit View Road needs to be considered single family and the area south of Bright Road needs to be considered single family to the western portion and office to the southern/eastern portion except perhaps for the expansion, possibly, of Inverness a little bit to the west. Mr. Amorose said that he felt that Council needed to set some guidelines, some written policy, noting the intent of Council regarding how the planning area is to be developed in the future. The matter was referred to the Land Use Committee. With regard to the format for the Special Meeting on June 11, Mayor Rozanski said that there will be a third reading of the Ordinance with a vote taken with open discussion prior to the vote but that there would not be new presentations. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting DAYT N LEGAL BLANK CO. FORM NO. 10148 ~ Held June 4, 1990 19 Page Five Update Report - Sewer Mr. Foegler said that construction on the lift station improvements is moving forward and is still on schedule. He said that the City engineering staff and consultants from the City of Columbus are working on the telemetry system which is proceeding on schedule as well. Mr. Foegler said that representatives from Burgess and Nipe have continued to oversee and manage the inflow/infiltration studies. Mr. John Lytle of Burgess & Niple said that there are now 20 flow meters throughout the system, and it is the hope that with the additional flow meters that there would be an improvement on the previous flow monitoring data. Mr. Lytle had a chart showing the flow rate during the rainfall of May 28th He noted that although previously River Forest was thought to be a high priority area that it did not show as significant effect as was thought, and that they were planning to de-emphasize that area. Mr. Lytle also said that the Muirfield area does show significant problems except in the golf course areas. Approximately 720,000 gallons per day during a large storm event has been removed, with five repairs to date having been made. Mr. Lytle further explained the graphs and the significance of the numbers that appeared on them. He said that following further analysis of data from the flow meters that are now in place that some of them probably will be moved to other areas. Responding to a question for clarification, Mr. Lytle said that inflow is where there is a direct connection (down spouts connecting into the sewer, e.g.) whereas infiltration is where the leakage occurs in the joints as well as small cracks in the sewers. Mr. Amorose wondered why the City was having such a problem, and Mayor Rozanski asked Mr. Lytle if he felt that there is an overabundance of cracks or leaks in Dublin's sewerline, more than in a normal system. Mr. Lytle said that overall, from what he has seen, that he did not believe that there are. Mr. Amorose said that he had great concers: that on his nine years on Council there had been many sewer contracts let for bid with good specifications, the City paying "top dollar", getting reputable contractors assurances by staff of adequate inspections with all intentions of having a very fine sewer system, and yet now Council is being told that the system is not so fine, being the result of a combination of poor workman- ship, poor inspections, not sufficient maintenance detail, etc. Mayor Rozanski said that the situation on Dublin Road near Muirfield was something over which the City had no control. He said that he felt that the City will find out that the system is basically sound. Mrs. King requested a timeline as to where the City might be in the next six to eight weeks in identifying and resolving the issue. Mr. Lytle said that they hope to be done with all of the manhole inspection in two weeks; that the T.V. inspection will continue for about a year or more and then will be ongoing; that the flow monitoring will last between one to two months, depending on rain. With regard to dye testing he said that they will be having a meeting on the following day with the City of Columbus which may result in beginning dye testing in the very near future, with expectations that the dye testing will last from four to six weeks. He noted that there are followup manhole inspections to be done, which need to be done right after a rain or with artificial flooding, and noted that that task would require about six to eight weeks. RECORD OF PROCEEDINGS Minutes Of Dublin City Council Meeting Meeting DA N LEGAL BLANK CO. FORM NO. 10148 Held June 4, 1990 19 Page Six Mr. Lytle said that they have deferred storm water flooding for the moment but hope to be able to do some flooding of storm sewers to determine if they are connected into the sanitary sewers. He said that the flow monitoring will continue and will hopefully give a better idea of where and what the problems are. He also said that they felt that it would be more efficient if there was a good dye testing which would take about four to six weeks and then to do the storm sewer flooding after that. Responding to a question from Mrs. King, Mr. Lytle said that dye testing is used to find illegal down spouts and sump pumps, possibly low areas in yards and other suspicious areas such as foundation drains. He noted that it will take about two to three hours to test one house. Mrs. King asked Mr. Lytle if the EPA is satisfied with Dublin's efforts. Mr. Foegler said that that issue was raised at the hearing last week and that the City said that they would prefer a formal acceptance of the plan as opposed to the verbal acceptance that the City has been given to date. He said that hopefully the City of Dublin can shortly expect a letter confirming acceptance of the program. Mr. Lytle said that normally the EPA does not generally give approval of anything; they just tell you if there is something wrong with it. It was noted that in many of the areas there is both an inflow and infiltration problem and that the curves on the charts do indicate this, thus indicating that there is ground water leakage as well as a direct connection in those instances. Mayor Rozanski recalled that approximately one year ago the City was informed by the consultants that the City had an inflow, not an infiltra- tion problem. Mr. Hansley said that the Woolpert report states that by solving the inflow problem that the City would likely not have anymore overflows into the river, but that it does not state that there is no infiltration in the system. Ms. Maurer said that she had been under the impression or misunderstanding that infiltration is not related to rain but hearing what was said tonight made it clear that infiltration is just as much related to rain and is increased by rain, just as inflow. Mr. Lytle said that once inflow is identified it is much easier to remove from the system, removing or getting rid of the infiltration is much more difficult, even if it is identified. Mrs. King asked Mr. Foegler if there was additional information from the City of Columbus regarding the capacity of the east branch sewer. During conversations with Mr. Jerry Francis of the City of Columbus, Mr. Foegler said that they had received additional flow data and that data had basically confirmed their earlier estimates. He said that the City of Dublin's consultants will be meeting with the City of Columbus in the design of the flow monitoring equipment and will be reviewing other options with them as well. One option to be discussed will be that of pressurizing the system by sealing manholes, adding a certain amount of pressure in the system to increase the capacity. That must be done, however, without having a major effect on property owners. Mrs. King asked Mr. Foegler was was his current estimate for the completio of the improvements to the pump station. Mr. Foegler said that the pump station is still on schedule for the 105 day completion, which should provide for construction completion in mid- August. He said that the telemetry has been scheduled for completion in mid-September and that that is "still on track as well". RECORD Ot= PROCEEDINGS Minutes Of Dublin City Council Meeting Meeting DA N LEGAL BLANK CO. FORM NO. 10148 Hel June 4 1990 jQ i Page Seven Mrs. King asked Mr. Foegler when he thought that Dublin will have met all the requirements that the EPA set forth in order to resume construction. Mr. Foegler said that to date the EPA has not presented a program under which construction can be resumed which is the problem. He noted that with the improvements to the lift station that the City will have a definite pumping capacity of at least 9.5 million gallons per day. The important point is to remove sufficient I&I to make up the difference between the 9.5 million gallons and 11.7 million gallons which was the peak rain event of last year. Ms. Maurer wondered if there was any way to get an affirmative indication from the EPA that they recognize that the City has removed so many gallons of I&I from the system. Mr. Foegler said that he did not believe that the City would be able to get an affirmative confirmation from the EPA saying that they accept those numbers. He said that he felt that it was important that the City provide good, credible evidence to the EPA regarding the amount of I&I removed from the system. Mr. Bill Riat, president of Newtowne, noted that his company had had to lay off a number of people because two major projects in Dublin were being held up because of the connection ban. Mr. Riat volunteered the manpower services of his company and said that he felt sure that other businesses in the community would be glad to do the same. Mr. Riat said that he felt that flood testing was very important and that it would be a very obvious approach. Noting that Mr. Riat had had a conversation with the Deputy Director of the EPA regarding the lifting of the ban, Mr. Foegler noted that that same person had recently met with Council, and that Mr. Foegler felt that the opinion of the EPA was that when the improvements have been completed that hopefully enough I&I will have been removed from the system and/or extra capacity will have been found in the east branch collector so that then the ban will be able to be lifted. Mr. Riat noted that it is difficult to find financing for building project with the sewer connection ban in place. He noted that when a building project is begun that nothing is added to the sewage flow for approximatel six months. Mr. Smith said that that question had been asked of the EPA - lifting the ban with no new connections coming on line - and that he had been informed on this date that the Director would not agree to that. It was indicated, however, that consideration of same might be entertained after sufficient amounts of I&I are found in the system and corrected. Mr. Foegler said that information regarding possible illegal connections etc. are forwarded to the City Engineer's office and the consultants and then are followed up by the maintenance crew. He noted that he has talked with firms who have offered engineering assistance as well, and indicated that he thought that the key is to present what can be made available to those people in charge of the managing the process so that the volunteer resources can be used properly. Mr. Riat again said that he felt that storm sewer flooding should be a high priority. Mr. Lytle said that if flow monitoring indicates that a certain area has a severe inflow problem and that it may be due to a storm sewer, then flooding may be done in that area, but at the present time they do not have any indication of where those areas might be. RECORD OF PROCEEDINGS Minutes Of Dublin City Council Meeting Meeting DAYT N LEGAL BLANK CO. FORM NO. 10148 Held June 4, 1990 1J I Page Eight Ordinance No. 45-90 - Ordinance to Accept an Annexation of 557.0± Acres from Washington Township to the City of Dublin. Third Reading. Mr. Smith reported that the lawsuit filed preventing the City from accepti this annexation has been dismissed and the restraining order has been resolved, so that Council could vote on the annexation this evening. Vote - Mr. Amorose, yes; Mr. Campbell, yes; Ms. Maurer, yes; Mayor Rozanski, yes; Mr. Strip, yes; Mrs. King, yes. Ordinance No. 48-90 - Ordinance Amending the Annual Appropriations Ordinance - Avery Road Park Improvements. Second Reading. At the request of the Director of Parks and Recreation, Mr. Strip moved to waive the three time reading rule and treat as an emergency. Mrs. King seconded the motion. Vote on the motion - Mrs. King, yes; Mayor Rozanski, yes; Mr. Strip, yes; Ms. Maurer, yes; Mr. Amorose, yes; Mr. Campbell, yes. Vote on the Ordinance - Ms. Maurer, yes; Mr. Campbell, yes; Mrs. King, yes Mr. Amorose, yes; Mr. Strip, yes; Mayor Rozanski, yes. Resolution No. 20-90 - Resolution Regarding Statement of Services for Proposed Annexation of 733 Acres from Washington Township to the City of Dublin. Second Reading. Mr. Hansley said that additional information regarding this Resolution would be in Council's next packet prior to the third reading. Mrs. King noted that Mr. Foegler had told Council at goal setting that he had had some experience with providing a thorough analysis on a type of annexation where not only the land use plan was prepared but that there was a variety of impact analysis done which quantified the cost of providing services to different types of land use so that the City could make a well informed choice about which land uses and which combination of land uses benefitted the City as well as other factors. Mrs. King asked for a sense of Council. Mr. Hansley noted that passage of this Resolution is really the first step in the process; that it states for the county commissioners what Dublin could provide in the way of services if the land were to be annexed; that it will be several months before Council will have to decide whether to annex the property or not, and that prior to the vote on annexation Council would have additional information. Mr. Strip noted that this legislation is a resolution/statement of services as opposed to an ordinance accepting the acreage. Ms. Maurer asked Mr. Foegler the purpose of doing the impact study/analysi that was done in Lebanon. Mr. Foegler said that the difference was that it was essentially a City initiated annexation; that the City was contemplating major capital investments of sewer and water into the area; therefore, a very detailed fiscal impact study was done. The area, he noted, was an industrial park. The purpose of the analysis, he said, is to examine the cost to the city in revenues to serve the area (police station, fire stations, impact on schools, roads, etc.) versus what will be produced in the way of revenue. It was noted by Mr. Hansley that Dublin has never aggressively annexed and property and does not have a policy regarding annexations. Ms. Maurer noted that Dublin has done the planning at the zoning level rather than at the annexation level. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting DAYT N LE AL BLANK CO. FORM NO. 10148 Held June 4, 1990 19 Page Nine Mrs. King agreed that the City did indeed need to develop an annexation policy. Following discussion regarding referral of the issue to committee, Ms. Maurer moved that the issue be referred to the Land Use Committee to report back to Council with several proposals for levels of information; enough information that costs can be attached. Mrs. King amended the motion to include a deadline of 30 days and then seconded Ms. Maurer's motion. Mr. Amorose noted that at a basic level expenses can be determined by land use - multi-family, single family, office, retail, etc. Mr. Foegler said that he felt that. it is incumbent upon the City to examine the land use mix, at least on the conceptual level, noting that developers in certain areas of those annexations are concerned about water pressure, fire suppression, extension of sewerlines, etc. He said that he felt that staff should take a look at the kinds of demands that are going to be created for utility services and other kinds of services - land use, utility study and a general fiscal study. Mr. Hansley noted that the study will only be as good as the assumptions and that Council controls those assumptions; do you assume it will remain farmland; do you assume the present 40/60 mix of land use, etc. Mr. Chris Cline noted the differences in the annexation approved earlier in the evening and this proposed annexation. The annexation approved earlier was very unusual in that one can expect that land to be fully developed in three to five years and that Council worked with very definite assumptions on that acreage as far as land use. He said that he felt that this 733 acre annexation might take 15 to 20 years to develop and the assumptions necessarily would be more general, even perhaps involving a joint planning process with the City of Columbus for the entire quadrant. Vote on the motion - Mr. Strip, yes; Mr. Campbell, yes; Ms. Maurer, yes; Mayor Rozanski, yes; Mrs. King, yes; Mr. Amorose, yes. Mr. James Marlin spoke to Council. Mr. Marlin represents landowners at the corner of Rings and Avery Roads (100 acres of land), and said that he disagreed with Mr. Cline that development of the acreage was 15 to 20 years away. He did note that a decision will have to be made regarding Tuttle Road; whether it will tie into Rings Road and crosses that section of the county corridor or whether it will come straight across creating an angle between Rings and Avery Roads or whether it will go to the south tying up with land favorable to the City of Columbus. Mr. Marlin said that at least 500 acres of the 733 acres in the proposed annexation is raw land, just waiting for development. He also noted he agreed with Mrs. King saying that he did not believe that there can be a statement of services until there is some information about what you will be serving. Serving single family is different than providing services for suburban office. Mr. Marlin commented that his client feels that he has commercial land, being on the corner of Rings and Avery, the freeway being just down the road. He also noted that the City of Columbus has land across the street from his client's property. Mr. Marlin emphasized that he believed Council needed additional informa- tion regarding the area before passing a statement of services resolution. Mr. Hansley reported that the statute under which this Resolution is prepared is a relatively new statute and that it was designed for one purpose, that being prior to the County's public hearing on any petition RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting DAYTON LEGAL BLANK CO. FORM NO. 10148 Held June 4, 1990 19 Page Ten from a group of property owners for annexation, that as part of that public hearing the City is obligated to provide a statement as to what services are currently available At one time there were some cities were overcommiting or over promising with regard to available services, perhaps that services would be available in two years, e.g. The statement of services outlines what is available at the present time in the way of services. Mr. Smith noted that the statute replaces the letter which previously was used to list the services available to a proposed annexed area to the county commissioners. Ms. Maurer asked what zoning Mr. Marlin's client would be asked for. Mr. Marlin said that his client believes that it is a classic piece of commercial property, not only because of its position in the City of Dublin but also because of its position as being directly across the street from property in the City of Columbus which they believe will be heavy commercial. Regarding the belief that the Columbus area will be commercial, Mr. Marlin said that he was not aware of a definite plan but that the proximity of the freeway ramp would seem to indicate commercial, noting that there is not a freeway ramp in the City of Columbus or in Franklin County with the density of this population that does not have commercial development coming from the corridors that "feed that ramp". Mr. Marlin said that he would be willing to attend a Land Use Committee meeting to answer questions. There will be a third reading of the Ordinance at the regularly scheduled Council meeting on June 18, 1990. Ordinance No. 49-90 - Ordinance to Adopt Proposed Tax Budget. First Reading. Mr. Amorose introduced the Ordinance. Mrs. Metz noted that the purpose of the tax budget is to establish a tax rate, property tax rate for the City of Dublin for 1991. She noted that no changes in real estate taxes were being proposed, remaining the same as those for 1990. There will be a Public Hearing, second reading of the Ordinance at the Council meeting on June 18, 1990. Ordinance No. 50-90 - Ordinance Amending the Table of Organization for the City of Dublin. First Reading. Mr. Amorose introduced the Ordinance. Mr. Harding explained that Ordinance No. 50-90 proposes to amend the functional organizational chart for the City and more specifically to create a Division of Building Inspection within the Department of Development. The building inspection function previously was under the Division of Engineering, but now it would be an independent division which will report directly to the Development Director. He said that staff is proposing the change for reasons of efficiency and for overall organizational effectiveness. He also said that staff believes that one of the formal recommendations from BOCA following their recent organizational study will be to create a separate division of building inspection. RECORD OF PROCEEDINGS Minutes Of Dublin City Council Meeting Meeting DA N LEGAL BLANK CO. FORM NO. 10148 Held June 4, 1990 lg I Page Eleven Mr. Foegler said that more acid more cities are making the same change. He also commended the Engineering Department for a good job in establishing and "bringing up to speed" the building inspection program in the last several months. Mr. Foegler said that there would, at present, be only the cost in filling that one position. There will be a second reading of the Ordinance at the next regularly scheduled Council meeting. Ordinance No. 51-90 - Ordinance Amending Section 2 ("Wage Salary Structure Administration") of Ordinance No. 17-90 ("Compensation Plan"). First Reading. Ms. Maurer introduced the Ordinance. Mr. Harding said that the amendment would increase the annual salary range of the Building Inspection Administration from pay grade 19 to pay grade 22 which would increase the pay range to $39,500 to $53,500 bringing the salary in line with other department/division heads. Mr. Harding also said that the preferred candidate who possess a bachelor's degree in architecture or engineering and would possess professional administrative/managerial skills. Also preferred would be an individual with a Class I and hopefully Class II licensure. There will be a second reading of the Ordinance on June 18, 1990. Ordinance No. 52-90 - Ordinance Authorizing the Purchase of Services to Repair Existing Sanitary Sewerlines. First Reading. Mrs. King introduced the Ordinance. Mr. Foegler said that this Ordinance was for the allocation of funds to repair the sanitary sewer system. The first $100,000 allocated was utilized - $80,000, approximately, to repair the aerial sewer as well as other improvements in the range of $20,000 to $25,000. He said that he would provide Council with an itemized list of monies spent to date on improvements. He also commented that such information would be helpful also when Council is deciding on how much money they will want to recover through a fee structure. With regard to the selection of contractors, since the City is waiving the formal bidding procedure on this project, Mr. Foegler said that several criteria were used - who could respond extremely quickly; who could mobilize on site; who could, in an emergency situation, bring the appropriate equipment quickly to the site. Two contractors were selected - Shepard Excavating and Jack Conie & Sons, both of whom are paying prevailing wage. He noted that unit pricing also is being used. Mr. Amorose moved to waive the three time reading rule and treat as an emergency. Ms. Maurer seconded the motion. Vote on the motion - Mayor Rozanski, yes; Mr. Amorose, yes; Mrs. King, yes; Mr. Campbell, yes; Mr. Strip, yes; Ms. Maurer, yes. Vote on the Ordinance - Mr. Campbell, yes; Mayor Rozanski, yes; Ms. Maurer yes; Mr. Amorose, yes; Mr. Strip, yes; Mrs. King, yes. Request for Approval of Preliminary Plat for Enterprise Court. Mr. Bowman's comments: 1. The request is for approval for a single, nearly 600 foot cul-de-sac located within an industrial park called Dublin Commons Park. RECORD OF PROCEEDINGS Minutes Of Dublin City Council Meeting Meeting DAN N LEGAL BLANK CO. FORM NO. 10148 Held June 4, 1990 19 Page Twelve 2. That industrial park is generally located in the southeast corner of Shier-Rings Road and Wilcox Road. 3. It is immediately north of a subdivision under construction called Heather Glen 4. The cul-de-sac serves approximately 18 acres of industrial property, and the applicant has indicated that there could be approximately five lots that would. be surrounding the cul-de-sac. 5. Enterprise Court would have a right-of-way of 60 feet with an actual pavement width of 32 feet. 6. All deed restrictions placed upon the property with regard to the single family property to the south and in terms of mounding, landscaping, etc. that have been submitted and agreed to, are on the plat. 7. The Planning Commission and Staff both recommended approval with the following conditions: A. Provide drainage detention as per the MORPC guidelines approved by the City Engineer. B. The actual drive design to be approved by the City Engineer. C. The applicant. has had discussions with the City Engineer as to the possible need for a roadway ditch which would also be approved by the City Engineer. D. Another proposed ditch along the north and east property line would also be at the direction and at the pleasure of the Engineer. Mr. Bob Parkinson of R. D. Zande said that there had been discussion regarding a ditch around Wilcox Road, plans have been prepared and submitted, being part of the overall plat which was submitted and approved. Mr. Bowman noted that Avery Road will be improved to the south side of the bridge. The intersection at Shier-Rings and Avery, which is in the county, has also been studied, and Mr. Willis said that a traffic plan has been completed for that intersection. Ms. Maurer moved to approve the Preliminary Plat - Enterprise Court. Mr. Amorose seconded the motion. Vote - Mr. Campbell, yes; Mr. Strip, yes; Ms. Maurer, yes; Mr. Amorose, yes; Mrs. King, yes; Mayor Rozenski, yes. Request for Approval of Refinement of Preliminary Plan - Turnbury at Earlington Village. Mr. Bowman commented as follows: 1. The subject site is along the south side of Dublinshire Road, west of the pool on the south side of Dublinshire. 2. There are three existing cluster homes within the subdivision. 3. In 1988 it was approved for 50 detached cluster units, three of which were built. 4. The area is approximately 19.75 acres. 5. The following changes were made in the plan: A. Five acres is being proposed to be solo to a churc~~. B. The remaining 14.7 acres would include larger 37 single fa~.tily lots. C. There is a proposed circular street system with a private, not public street with 24' pavement. D. There is a tree preservation plan with an on-site arborist; as many trees as possible will be saved, and there is a tree preservation construction video available as well. RECORD OF PROCEEDINGS Minutes Of Dublin city council Meeting Meeting DAYT N LEGAL BLANK CO. FORM NO. 1014H Held June 4, 1990 19 Page Thirteen 6. The overall density of the development is 2.5 dwelling units per acre with this plan, changing the average dennity from 3.8 dwelling units per acre to 3.4 dwelling units per acre. 7. The general character of Turnbury would become predominantly traditional, two story homes, specifying the actual architectural character with matching materials and other deed restrictions placed on the property. 8. The minimum lot size would be 70' by 140' 9. Sidewalks would be installed along 1100' of Dublinshire Drive frontage. 10. An 8' bike path would be built on the east and south property lines by the developer to make a connection to Scottish Corners. The bike path from Indian Run Meadow through the park would be the responsibility of the municipality and the developer's obligation would be to extend the path through this development to Dublinshire and to the pool. 11. The developer is making every attempt to be sensitive to the current residents of Turnbury, while trying to develop a viable plan which would have a better chance of being marketed. The current residents have been in constant contact with the developer and do support the plan. The Planning Commission and the Staff recommend approval with the following conditions: 1. Review and approval by the Washington Township Fire Department. 2. Maintain tree preservation with snow fencing, provide an on-site arborist, and notify the City if there is a problem prior to construction. 3. Provide street trees along Dublinshire in accordance with the Land- scape Code. 4. Provide proper vacation of existing recorded plat; portions of plat were recorded; those will have to be vacated and changed accordingly. 5. Verification of proper dwelling unit cout and acreage still within the area B-1 of Earlington Village. (That has been accomplished.) 6. There are to be no walk-out basements. 7. That bike paths be installed and paid for by Newtowne Development. 8. That the detention area be owned and maintained by the association with access given to the City for maintenance and pedestrian use. It was noted again that the street would be private. Mr. Bob Apel, architect, noted that the church site will occupay a portion of the acreage that is not covered with trees. Mr. Apel said that in working with the residents that it was determined that the houses/garages surrounding the existing homes will be clustered to create a similar appearance. It was noted that specific development standards had been spelled out regarding no build zones, setbacks, side yards on the 70' x 140' minimum lots. Mrs. King express a concern regarding the issue of private streets, noting that second and third purchasers of homes often do not understand or are not aware that maintenance of private streets is their responsibility, noting that often they seek assistance from the City when those streets have to be repaired, etc. It was noted that the Planning Staff preferred to keep it a private street to allow retention of more of the trees; that a public street would require a larger right-of-way, because Mr. Willis would not want to bury the utilities. It was also noted that currently there are no plans for curbs and gutters. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting YT N LE AL BLANK CO. FORM NO. 10148 Held June 4, 1990 19 Page Fourteen P1rs. King said that she wanted to see some assurance in the deed restrictions that each successive owner of property understand their responsibility regarding maintenance of the private street. The association would be responsible for determining when the street needs to be repaired, but the City would have to work with them to make certain there would be access for emergency vehicles. Discussion following regarding the construction of the bike path. Mr. Apel said that the developer and the church are willing to grant the easement for construction of the bike path this year. The City will construct the bike path, probably in 1991, and the developer will reimburse the City when he is able to proceed with the development, when the street goes in. With regard to detention, Mr. Apel said that a preliminary engineering study supported the fact that the storm drainage retention capacity with a three to one slope would meet the needs of both this development and the church property. Further explaining, Mr. Apel said that it would be a detention pond, filling that capacity when needed, the storm drainage would be directed to that area and then to the ditch and metered out so that it meets the requirements. He also said that he did not think that the natural swamp would have to be drained, that not being the intention but that it will be deepened with a three to one slope. Mr. Campbell noted that presently there is a swamp with trees at that location and said he wondered whether the environment would be preserved or would it be "washed out". Mr. Riat said that the retention basin was designed as recommended by the engineers and that it has not been changed from the previous plan. Mr. Campbell said that he understood the necessity for the detention pond but that he had a great interest in preserving the trees. Mr. Riat said that if that detention could be accomplished in another way that they would do it. Ms. Maurer moved to approve the plan with the conditions adopted by the Planning and Zoning Commission with an additional one - the bike path will be constructed by the City and the developer will reimburse the City when he is able to proceed with the development, when the street goes in. She also added that the detention area to be maintained by the association will be maintained to City standards which are to be developed and which will be determined between staff and the developer. The City Staff will be developing maintenance standards for detention ponds. It was also noted that since the developer still owned the church site that he would negotiate at the time of sale shared maintenance of the detention pond. Mr. Strip seconded the motion. Vote - Mr. Amorose, yes; Mr. Campbell, yes; Mrs. King, yes; Ms. Maurer, yes; Mayor Rozanski, yes; Mr. Strip, yes. Status Report from Dublin Arts Council. No one from the Dublin Arts Council was present to give a report. Request to Refer to Service Committee Report from Staff Regarding Macbeth Culvert. Mr. Foegler reported that the report was authorized by Council to look at the alternatives that have been identified as potential solutions to the drainage problem. He requested that the report be referred to the RECORD OF PROCEEDINGS Minutes Of Dublin City Council Meeting Meeting DAVT N LEGAL BLANK CO. FORM NO. 10148 Held June 4, 1990 19 Page Fifteen Public Service Committee to allow the consultant to discuss the alternatives with the committee members and staff and then the Public Service Committee could make a recommendation to Council. Mrs. King asked the consultant if he had had a chance to review Columbus's study on the runoff problem and if he had incorporated that into his recommendation. She also asked him what the impact would be with the three new ponds that Columbus is considering doing in northern Columbus. Mr. Jay Shoup of Wilbur Smith Associates said that the Columbus report had been reviewed, and said that what is proposed by the City of Columbus is that retention ponds be constructed in the northern part of Billingsley Ditch. He noted that one of the ponds will service 110 acres in Dublin on the west side of Sawmill Road. Mr. Campbell moved to refer the matter to the Public Service Committee. Mrs. King seconded the motion. Mr. Chris Cline said that he had been contacted by a property owner, possibly a group of property owners, who are downstream from the culvert and that there may be objections to going forward as recommended, and that they would like to be involved in the process from this point on. Vote - Mr. Amorose, yes; Mr. Campbell, yes; Mrs. King, yes; Ms. Maurer, yes; Mayor Rozanski, yes; Mr. Strip, yes. Refer to Public Service Committee - Temporary Residential Use of Sanitary Holding Tanks. Mr. Foegler reported that this type of program is regulated by the Franklin County Board of Health. They have indicated a willingness on their part to vary their policy, at present, which is a one acre lot minim He said that staff had identified some issues and suggested referral of th matter to the Public Service Committee. Mr. Foegler explained that the tanks, which cost from $3,000 to $5,000 are buried in the ground, and a homeowner would spend approximately $300 to $400 every 10 days emptying it. Mr. Campbell noted that some builders might want to use it as a stopgap measure to be able to start their construction by being able to get financing and then, hopefully, not having to use the tanks. He noted that some builders might want to take that risk. Mayor Rozanski also noted that some people have taken out construction loans and own the lot, with no tap, paying interest, etc. Mr. Foegler said that representatives of the Franklin County Board of Health could be available at the meeting. Mr. Campbell suggested inviting representatives from the building industry also. Mr. Strip moved to refer the matter to the Public Service Committee. Mr. Campbell seconded the motion. Vote - Mr. Strip, yes; Mayor Rozanski, yes; Ms. Maurer, no; Mrs. King, yes; Mr. Campbell, yes; Mr. Amorose, yes. Comments from Staff Mr. Foegler 1. Reported that results are in on the Bright Road questionnaire that was sent to residents and that staff would like to discuss those results with the members of the Public Service Committee. He noted that the overall desire of the property owners is split about 50/50, depending on geographical location. RECORD OF PROCEEDINGS Minutes Of Dublin City Council Meeting Meeting DA N LE AL BLANK CO. FORM NO. 10148 Held June 4, 1990 jg Page Sixteen Ms. Maurer suggested getting expert input on some of the issues involved, health and safety for example, rather then basing a decision on what residents would like based on their economic capability at the moment. Mrs. King moved to refer to the Public Service Committee. Mr. Amorose seconded the motion. Vote - Mr. Amorose, yes; Mr. Campbell, yes; Mrs. King, yes; Ms. Maurer, no; Mayor Rozanski, yes; Mr. Strip, yes. Mr. Hansley 1. Reported the Janet Jordan and two other members of her staff, Barbara Burkholder and Alicia Eckhart, were honored as having professional standing by the Ohio Parks and Recreation Association, a state agency under the national Parks and Recreation Association. Professional standing requires at least a bachelor's degree in public recreation from a recognized school, 10 years experience in the profession and fulfillment of the continuing education require- ment. Mr. Hansley congratulated those members of the Parks and Recreation Staff. Mr. Harding 1. Three of the Fax machines ordered for members of Council were available for Council members to take home. He said that when the other four machines arrived that he would notify members of Council. With regard to the Fax machines, Mr. Hansley said that at present staff, with regard to late breaking developments, must make seven telephone calls and repeat the same information seven times. With a Fax machine he said that a statement can be typed up, sent to each of the seven Council members, and all will receive the same information at basically the same time. Staff does not have to keep waiting for a response to a telephone call. Janet Jordan 1. Said that she and her staff would welcome suggestions for a person to serve as Grand Marshall of the 4th of July Parade. Chief Ferrell 1. Reported that they had a very nice graduation for the fifth grade D.A.R.E. students the previous Thursday, graduating about 350 students. He also said that next year's slogan, which will be on the football cards will be "Drug Resistance for Future Existence", was the creation of one of the students. Mayor Rozanski said that the Dublin Division of Police was to be commended on a fine program. Mr. Willis 1. Said that the construction work on Avery Road is continuing, but that for one or two days there will be some vehicular difficulties at the intersection of Post and Avery while the connection of the storm sewer pipe is made from the east to the west side of Avery Road He said that traffic will be maintained and that police officers will be directing traffic at that intersection during that period of construction. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting DAVT N LE AL BLANK CO. FORM NO. 10148 Held June 4, 1990 19 Page Seventeen Mrs. Metz referred to a request from Steve Hoffman, Tax Administrator, and herself that two items should probably referred to the Finance Committee - the establishment of a Board of Appeals and discussion regarding Section 179, deduction Expenses for S corporations. Mr. Amorose moved to adjourn to Executive Session at the conclusion of the meeting. Mr. Strip seconded the motion. Vote - Mr. Campbell, yes; Mrs. King, yes; Ms. Maurer, yes; Mayor Rozanski, yes; Mr. Strip, yes; Mr. Amorose, yes. Council Roundtable Discussion Ms. Maurer 1. The Manager of Kroger's reported that the previous Saturday they had filled an entire truck of recyclables and that a second Saturday per month for recycling should be considered. 2. Referred to the letter from Ms. Walters regarding the storm water runoff from Brandon into her and her neighbors' yards. 3. Wondered if Council should set a date for making the decision on the Washington Township/Concord Township Fire issue. Mrs. King said she felt that Council needed more detailed guidelines from staff. Mr. Hansley said that he and Mr. McDaniel are preparing a report on the implications of forming a paper township. Mr. Strip said that he felt that there should be sufficient notifi- cation of such a meeting so that there could be public input, specifically those residing in the Dublin/Concord Township area. Mayor Rozanski said that he had spoke with Jan Antonoplos, a Concord Township Trustee, who said that they would be presenting a revised proposal to Council at the June 18th meeting. Mr. Amorose 1. Commented that each year there is a nice Memorial Day ceremoney, but felt that the City should assist and aid the American Legion with that ceremony by supplying a P.A. system and by doing a little pruning of shrubbery, etc. in the cemetery. Mr. Hansley said that he would assign that responsibility to the new Special Events/Public Information Officer when she comes on duty in July. 2. Asked Mr. Willis about the status of the sewer construction under Rings Road. Mr. Willis said that they have gotten it bored under Rings Road ` and that it should be completed down to Blazer Parkway by the middle of the month. He also said that staff has allowed the contractor to open cut Blazer Parkway as opposed to boring as had been originally planned. Mr. Willis said that the waterline to Ashland had been completed and that the contractor was waiting for chlorination of the line by the City of Columbus. The Clerk will advertise for applicants for the Planning and Zoning Commission vacancy and for members for the Solid Waste Advisory Board. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting DAYT N LEGAL BLANK 00. FORM NO. 10148 Held June 4, 1990 19 Page Eighteen Mrs. King 1. Had very positive comments regarding Ashland Chemical Company's recent open house for the community - being very informative, interesting and professionally done. Mr. Campbell 1. Also had very positive comments regarding Ashland Chemical's community open house, and suggested that perhaps Council could express their appreciation to the community with a similar event. Mayor Rozanski 1. Mentioned two recent awards presented by the Ohio Chapter if the American Society Landscape Architects - The Planning Design Award presented to John Reiner for his work on the Dublin landscape codes. Mayor Rozanski acknowledged the great deal of work done by Mr. Amorose also in writing the code. A Merit Award in Planning awarded to Richard Trott & Partners for their work on the M. L. Trabue Nature Preserve here in Dublin. Mayor Rozanski adjourned the meeting to Executive Session at 11:35 P.M. or - P es' ng Officer ~ ~L~ Clerk of Co icil