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HomeMy WebLinkAbout07/16/1990 RECORD OF PROCEEDINGS Minutes of Dublin City Council .Meeting Meeting DAYTON LEGAL BLANK CO. FORM NO. 10148 Held July 16, 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, July 16, 1990. Mr. Amorose led the Pledge of Allegiance. Members of Council present were: Mr. Amorose, Mr. Campbell, Mrs. King, Ms. Maurer, Mayor Rozanski and Mr. Sutphen. Mr. Strip was absent. Mr. Hansley, City Manager, and Mr. Smith, Law Director, were also present as were the following members of City Staff: Mr. Bowman, Ms. Brown, Ms. Clarke, Mr. Clark, Chief Ferrell, Mr. Foegler, Mr. Harding, Mr. Johnson, Mr. Jones, Ms. Jordan, Ms. Kurtz, Mr. Mack, Mr. McDaniel, Ms. Metz, Ms. Puskarcik and Mr. Willis. Mr. Amorose moved to approve the minutes of the June 18, 1990 Council meeting. Mr. Sutphen seconded the motion. Vote - Mayor Rozanski, yes; Mr. Sutphen, yes; Mrs. King, yes; Mr. Campbell, yes; Mr. Amorose, yes. Mr. Amorose moved to approve the minutes of the July 2, 1990 meeting of Council. Mrs. King seconded the motion. Vote - Mr. Campbell, yes; Mr. Sutphen, yes; Mr. Amorose, yes; Mayor Rozanski, abstain; Ms. Maurer, yes; Mrs. King, yes. Sewer Update - Terry Foegler, Development Director Mr. Foegler had comments with regard to the report distributed to members of Council prior to the meeting - Progress Report PR-3, Dublin Sanitary Sewer System Improvements: 1. He noted that what members of Council had received was the front two page introduction and approximately a two page summary of that report, portions of the entire monthly report that will go to the EPA. 2. The report documents in great detail the inflow and infiltration sources that have been found to date, how much has been removed, with a great deal of detail in terms of locations, problems, etc. 3. Have verified specific sources of inflow/infiltration amounting to 2,240,640 gallons per day for each storm event. 4. Have carried out improvements, removing at least 1,252,800 gallons per day. 5. Trying to design improvements to the left station and remove enough I/I to handle the storm that occurred last July 28, 1989. 6. Have verified that one meter was over-estimating and that although it showed 11.7 million gallons it was in fact no more than 10.4 gallons. 7. The overflow event which occurred on May 28, 29, 1990 exceeded the overflow of last July to the tune of approximately 13.3 million gallons per day. There was a secondary overflow in June of this year which provided an overflow of 12 million gallons per day. 8. The City's consultant has analyzed all of the overflow events and that data is summarized in the report as well. 9. Analysis of the return period for the storms shows that the July, 1989 storm had a six hour return period, meaning that for a six hour storm it is likely to happen once every two years while the May, 1990 storm had a six hour return period for 10 years. The 1990 storm was much more intense over a six hour period. 10. Burgess & Niple concluded that a storm with a six hour return, two years, should be used as a criteria to allow overflows from the Dublin Pump Station. 11. Will be meeting with the Ohio EPA on Wednesday to determine a reasonable design criteria around which to continue the improvements. RECORD OF PROCEEDINGS MiriuteS Of Dublin City Council Meeting Meeting DAYT N LEGAL BLANK CO. FORM NO. 10148 July 16, 1990 Held 19 Page Two Mrs. King said that she was not aware that there was such a thing as an acceptable overflow. Mr. Foegler said that there needs to be because in any system there is only a certain amount of hydraulic capacity and in the event of a 50 year storm or a 100 year storm he said that there was not a treatment plan that he was aware of that does not substantially overflow in that condition. One can only design for so much of a storm even. The City crews have videotaped in excess of 28 miles of the system and to date the largest problem has been with the manholes - there are some illegal connections, an occasional hole but thus far the manholes have been the larges source of I/I, and the vast majority of work orders have been issued for manhole repair. Mr. Foegler noted that although the City conducted a manhole inspection several years ago, that inspection focused primarily on the Yids while this inspection is focusing much more on sub-surface type manhole problems. He said that he, Mrs. Metz and a consultant have been meeting and proceeding with putting together a utility rate study, looking at the issue in terms of tap fees, user fees as well as to provide for the maintenance of the existing system as well as for expansion of the system for future development. Ms. Maurer noted that the City does have a water surcharge and she recalled that a sewer surcharge was legislated at the time of the water surcharge but nothing was done about it. Mr. Foegler reminded everyone that the lift station improvements are designed to have a pumping capacity of 14 million gallons per day. He also said that the crews have, through flow meters, isolated a weak link in the east branch system and that Columbus is sending crews out this week to determine if any adjustments can be made at that point to eliminate that 9.5 restriction, and that the City's telemeter hopefully will verify an extra east branch capacity. He said that if the EPA were to hold Dublin to the 13.3 million gallons per day as a new design criteria, what that would means is that Dublin could pump only 9.5 million gallons per day, and that the difference between 13.3 and 9.5 would be the amount of I/I reduction the City would have to find. Mr. Foegler had some additional comments: 12. The largest source of I/I is manholes, manholes which were damaged at some point after construction, probably by subsequent construction. 13. The staff has initiated a review of the construction specifications themselves. 14. Columbus's crews had to be withdrawn temporarily this week because of a stormwater manhole rehabilitation program in the City of Columbus. Mayor Rozanski said that he had a concern that once a problem is found, getting the consulting engineer to do something about it. It seems, he said, that they only come out in nice weather. He said that he had, during a recent storm, observed a manhole that was bleeding severely (seven leaks in it). Mayor Rozanski aslo said that the manhole had been written up six weeks ago for leaks and nothing had been done about it. Mayor Rozanski also said that he thought that a process had to be developed to get the consulting engineers out on a timely basis, out in the field in severe weather. Mr. Foegler said that he felt that overall the consultants have been extremely responsive. He did note that they have a tremendous amount of data to collect, catalog, analyze, test and report for the reports submitted to the City as well as to the Ohio EPA. RECORD OF PROCEED[NGS Minutes Of Dublin City Council Meeting Meeting DAYT N LEGAL BLANK CO. FORM NO. 10148 Held July 16, 1990 19 Page Three Presentation by Mike Long, Executive Director of Franklin County Regional Soplid Waste Authority. Mr. Long, after ascertaining that all Council members had received a briefing book on the status of solid waste in Franklin County had the following comments: 1. In the State of Ohio citizens produce nearly 14 million tons of trash annually. 2. 14 million tons is produced in Franklin County. 3. Across the state 76% of the solid waste goes to landfills; 12% is incinerated; 5% is recycled and 7% is still open dump. 4. In 1971 there were 358 operating landfills in Ohio and EPA estimate that within a year the state will be down to less than 100 open, operating licensed sanitary landfills. 5. Currently, in Franklin County, there are two landfills - the Franklin County Sanitary Landfill on St. Rt. 665 in the southern part of the county and a privately owned landfill in Gahanna, known as the Bedford Landfill which takes 14% of the county's waste. 6. The Bedford Landfill will be closed at the end of 1990. 7. In 1988 the Ohio State Legislature passed what is known as H.B. 592, which basically localizes responsibility for solid waste management in the county. 8. Every county in Ohio or joint counties were to set up a planning district for solid waste. 9. Franklin County set up an independent authority governed by a seven member board of trustees, Councilperson Mrs. King being a member of the Board of Trustees, which sets policy for the authority. 10. The mission of the authority is to develop a cost effective, comprehensive, environmentally sound and technically reliable solid waste system. 11. The jurisdiction goes beyond the county boundaries in municipalitie such as Reynoldsburg, Westerville, Dublin, etc. 12. The goal is to reduce reliance on landfills, with a goal of 25% reduction in the amount of the waste stream, said goal which must be met by December, 1984. 13. In 1993 all yard wastes will be banned from landfills and from the Columbus trash burning power plant. 14. 20% of the waste stream is yard waste. 15. There is also a ban on scrap tires as well as a ban on motor oil. 16. Initiated will be a very comprehensive program of waste reduction, recycling, composting, safe incineration, with land filling as a last resort. 17. With overheads Mr. Long showed the following: A. The tremendous growth of the solid waste stream - 1981 through 1991. B. Partly because of the general growth of the county and partly attributable to the fact that there are no longer demolition landfills for construction and demolition debris. C. The trash burning power plant which came on line in 1982 and 1983 was by 1984 able to burn 800 tons a day. D. Subsequently, about 12 million dollars was spent to retrofit the plant so that by 1988 it was able to burn almost 2,000 tons a day, which was at the time considered to be the design goal of the plant. E. Within the last 18 months the plant has been decling in its performance and for the rest of 1990 and 1991 will be able to burn somewhat less than 1500 tons per day. F. The biggest problem is in the three remote shredders which are 16 years old and wearing. RECORD OF PROCEEDINGS Minutes of Dublin city council Meeting Meeting N LE AL BLANK CO. FORM NO. 10148 I Held July 16, 1990 19 Page Four G. As the trash plant began to get better, despite growth in the county, it was reducing the amount of trash going into the landfills. H. As the plant performance was reduced, more trash had to go into the landfills. I. At the end of 1990 the Bedford Landfill will be closed, and that 14% of the waste stream which it accepted will go into the county landfill. J. Without the trash burning power plant, the Franklin County Landfill will be closed in 1993, despite the fact that it had a 20 year design life, and it is being predicted that even with existing operation that it will be closed in 1995. 18. An education program is needed to put together an integrated solid waste program, educating the public and businesses to reduce the amount of waste they create; trying to reduce the amount of packaging in products. 19. Recycling is the key, and what is needed is a very strong county- wide curbside recycling program because that is the most cost effective. 20. There will be decentralized composting facilities to accept yard waste, grass clippings, leaves, and garden wastes, returning the compost to the citizens. 21. Need a well operated trash burning power plant, one that can run at 2,000 tons a day to keep the trash from the landfill. 22. The mission is to develop a'plan for everyone in Franklin County, basically within one year, and it will be a very public process with public hearings, etc. Mr. Sutphen asked if eventually the trash burning power plant will be under regional authority. Mr. Long said that he felt that there were compelling reasons that the regionalized approach will work better and that a more coordinated approach between the trash burning power plant and county landfill would be the best. Mr. Long noted that City of Columbus officials have suggested raising the tipping fees, creating additional revenue for the trash burning power plant in order to be able to do the necessary maintenance. He said that, at present, there are approximately 600,000 tons going to the landfill and 600,000 tons going into the trash burning power plant. The City of Columbus might request that the landfill raise tipping fees to $60, trying to generate $36 million dollars to run the trash burning power plant. However, the landfill needs only $11 million dollars to run right now. Running as an integrated system, a tipping fee of $40 would be required - $36 for the trash burning power plant and $11 for the landfill. Mayor Rozanski asied if the transfer of the trash burning power plant were to be accepted by the regional authority, will the county residents have to "pick up the tab" to repair the plant or will it be turned over in reasonably good shape. Mr. Long said that would all be a part of the negotiation process that would occur between the authority, the commissioners, the City of Columbus and the suburbs. Mrs. King said that all were concerned about what shape the plant will be in when taken over by the regional authority. She noted that income tax payers from the suburbs who work in the City of Columbus are subsidizing the trash burning power plant to a dis- proportionate amount compared to Columbus income tax payers. She also suggested that citizens are paying in a third way - RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting DAN N LEGAL BLANK CO. FORM NO. 10148 Held July 16, 1990 19 Page Five when the City of Columbus has to allocate an ever growing portion of the budget to repairing the trash burning power plant, that reduces the amount of money that they can spend to provide capital improvements and other services within the City such as widening Hard Road, Sawmill Road, buying park land, as well as another delay in the construction of the west branch sewer. The citizens of the community, Mrs. King said, if the landfill fills up faster then anticipated, will pay in a fourth way for land acquisition for additional landfills. Mayor Rozanski commented that Dublin is one of the few suburbs that does not charge citizens for trash pickup. Mr. Long said that if the trash burning power plant is not part of the regional authority that the county will have to sight a new 100 acre landfill for the county every five years. He also said that it would be helpful to him if he had Dublin's budget with regard to refuse collection, the service provided for residents. Ms. Maurer asked if the 11 million dollars quoted to run the landfill included money to buy the next landfill. Mr. Long said that the 11 million dollars was for current operating costs. Ms. Maurer said that she felt that a fee should be charged in order to buy the next landfill site. With regard to acquiring land, Mr. Long said that they felt that they had the power of the County Commissioners with regard to condemnation. Ms. Maurer wondered that if the authority cannot condemn land where would they get sites for composting, etc. Mr. Long said that he believed that the government should own the disposal site, whether a landfill or composting site, with perhaps a private operator. With regard to funding, Mr. Long said that revenue could be generated in two ways - one a tipping fee which could be implemented through the board of trustees by holding three public hearings, and could also implement a user charge which would be sent out to property owners with their property tax fills. It would be on every improved property or property in the process of being improved; setting fees for residential, commercial, industrial. He, Mr. Long, suggested that it might be better to allow the local government to do that through some fee process by encouraging people to reduce the amount of waste that they bring out of the community, and then have a tipping fee structure at the landfill. Mr. Long also said that he was available to work with Council, the administration and/or the advisory council in any way he or his staff could be of assistance. Ordinance No. 69-90 - Ordinance Petitioning the Board of County Commissioners of Delaware County, Ohio for a Change of Township Lines to Remove the Area Included Within the Corporate Limits of the City of Dublin from Concord Township. First Reading. Mr. Sutphen introduced the Ordinance. Mr. Sutphen had the following comments: 1. The City of Dublin, nor Mr. Strip nor myself are recommending this because of any personality issues. 2. Are trying to accomplish in the end one fire department for the City of Dublin. 3. Have been working on this since May 14, 1990. 4. There have been several meetings, public and with individual township trustees; two meetings were public forum meetings in Council chambers and two were with township trustees. RECORD OF PROCEEDINGS Minutes Of Dublin City Council Meeting Meeting DAYT N LE AL BLANK CO. FORM NO. 10148 Held July 16, 1990 19 Page Six 5. The Public Safety Committee of Council was given the task to report back to Council with a recommendation on the issue. 6. Dublin is served by four fire departments, technically, but in actuality three. 7. As a result of the many meetings, the Public Safety Committee prepared a document for Council with the ultimate recommendation, with a proposed timetable for one fire department for the City of Dublin. 8. The three time reading rule should be deleted; the issue has been discussed publicly and at several meetings. 9. The Public Safety Committee recommended that the City of Dublin have one fire department within the next three to four years, the difficulty being that if there are different political jurisdicta- tions that it is difficult to determine what exactly happened when a problem did occur. 10. Other communities in Franklin County have only one fire department, which in some instances is a township fire department, but it still is just one department. 11. The Ordinance should also be treated as an emergency. Mr. Sutphen moved to waive the three time reading rule and treat as an emergency. Mr. Arnorose seconded the motion. Mayor Rozanski read the following letter from Mr. A. C. Strip who was on vacation, absent from the meeting: "Dear Mayor Rozanski: As you know, I have for some time planned to be away during the time of this Council meeting that is taking place on July 16th. However, I am aware that the significant issue involving the delivery of fire and emergency service may well be before this Council. I did not want my absence to be misunderstood by anyone as to not taking a position on the issue, and consequently I forward this letter. As you know, I serve on the Safety Committee under the chairmanship of Councilman Sutphen. Together we authorized the report to Council and so that there would be no misunderstanding as to my position, I unequivocally believe that it is in the best interest of all the residents of Dublin to be served by a single fire department for reasons set forth in our report. I am therefore on record as being in favor of taking such action, including changing the boundary lines, if necessary, to police as much of the City of Dublin under the protection of the Washington Township Fire Department at its earliest possible date." Sincerely, A. C. Strip Ms. Maurer said that she felt that there were two issues - waiving the three time reading rule and treating the Ordinance as an emergency and asked for an opinion from the Law Director. Mr. Smith noted that theough not required by Charter, the City has always had the agendas of Council meetings printed in the local news- papers. However, this particular Ordinance was not advertised because the Law Director's office was not ordered to prepare the Ordinance until past the pubblication dates of the local newspapers. He noted, however, that the item had appeared in an article in the Columbus Dispatch and also noted that from the number of interested persons in attendance at the meeting, that word obviously had gotten RECORD OF PROCEEDINGS Minutes Of Dublin City Council Meeting Meeting ~ YT N LEGAL BLANK CO. FORM NO. 10148 Held July 16, 1990 19 Page Seven out. Mr. Smith went on to say that the purpose fo the three time reading rule is to give people the opportunity to be heard on any given issue and said that there had been ample public discussions on the issue. Mr. Smith said that as to the emergency aspect of the legislation, that if it would be Council's decision that the Ordinance is a sincere emergency because of the threat to loss of life or limb, then Council has the right to pass it as an emergency. Mrs. King moved to amend the Ordinance be deleting the "Whereas" clause currently in the Ordinance and addint the following in lieu thereof: "WHEREAS in July, 1987 the City of Dublin enlisted the cooperation of Concord, Perry and Washington Townships to identify methods of standardizing fire protection and emergency medical services within Dublin's municipal boundaries when Dublin became a city; WHEREAS, the Public Safety Committee of Dublin City Council has recommended that the portions of Concord, Jerome, Perry and Washington townships within the boundaries of the City of Dublin be brought into a single township for the purposes of creating uniform fire protection and emergency medical services within Dublin over a three year period, and that at the end of this phase in period, Dublin will create a Dublin township and a Dublin Fire Department; WHEREAS, Section 503.07 of the Ohio REvised Code authorizes the Dublin City Council to petition the county commissioners to change the township boundaries within the municipal corporation; WHEREAS, Section 503.15 of the Ohio Revised Code anticipates that a city may be located in more than one county and authorizes the municipal corporation to apply for a change of township lines across county boundaries; WHEREAS, Washington township has the largest area of town- ship jurisdiction within the City of Dublin; WHEREAS,. Washington Township has a fully equipped and staffed fire station at Brand Road and Muirfield Drive and can respond in the shortest period of time to fire and medical emergencies in the Concord Township portion of the City of Dublin, thereby increasing service and reducing risks to life and property; WHEREAS, there have been several tragedies and near tragedies in the Concord Township portion of the City of Dublin due to distance, dispatching delays and Concord Township's decision not to fully implement the automatic response agreement with Washington Township; WHEREAS, response time to the portion of Dublin in Concord Township has become a major concern to the residents of that area; WHEREAS, the Dublin City Council has reviewed the proposal from the Concord Township Trustees to raise taxes in order to increase services, and Council has determined that this proposal, if it is passed by the township voters, will not enable Concord Township to provide service or response time equal to or better than the service and response times offered by Washington township; RECORD OF PROCEEDINGS Minutes of Dublin City council Meeting Meeting DAYT N LEGAL BI..4 NK CO. FORM NO. 10148 Held July 16, 1990 19 Page Eight WHEREAS, more than 1220 signatures have been collected from adult residents of the Concord Township portion of Dublin urging the Dublin City Council to extend the boundary of Washington Township to include all of the City of Dublin in Delaware County;" Mrs. King went on to make a few additional comments: 1. Recognize and applaud the Concord Township Fire Department who are excellent and dedicated people. Paid or volunteer, they are public servants and will always value them and look forward to working with them. 2. Acknowledge the Concord Township Trustees that have put together a plan to raise taxes and services for the residents of Concord Township. 3. There is a lesson to be leared and it is that the township trustees must address growth and change, and that all need to work cooperatively together to manage that change and make it work for all. 4. The reality is that the Dublin portion of Concord Township has been underwriting the cost of the road and fire issues in Concord Township; that Washington Township has been underwriting the services of the Dublin part of Concord Township, and Perry Township residents have been bearing the cost of numerous runs into the City of Columbus. 5. What Council is trying to do is to provide uniform services at a uniform cost to the citizens of Dublin. 6. All are concerned that Concord, Jerome and Perry Township fire departments need to be able to function successfully without the Dublin tax base. 7. Concord Township can provide current levels of service by taxing their residents at the rate of $4/month for a $100,000 home, which is very affordable. 8. Perry Township may not be able to continue as a township if the recommendations of the Public Safety Committee are adopted and implemented. 9. Regarding the 1988 election. Only 26% of the residents voted. It was heard over and over again that people would be willing to vote for the taxes and join with the Washington Township Fire Department or have a Dublin Fire Station in place on Brand Road. It is there now. 10. Response time was the issue in 1988; response time is the issue in 1990. 11. Urge all to approve the Public Safety Committee's recommendations, to approve the amendment and waive the three time reading rule; the only question being if it should be done as an emergency. Mr. Campbell commented as follows: 1. Do not think anybody should take the action that Council is apparently going to take to be a negative comment on the Concord Township firefighters or staff or, for that matter, negative comment in the future if similar action is taken with respect to Perry Township. 2. It is, probably due, in large part due to circumstances beyond the individual firefighters control. 3. A lot of the difficulty is the result of attempting to operate at an artificially low tax rate for a substantial period of time, which may have been the result of a substantial portion of Concord Township being in a rural area where they wanted to keep the tax rate low. 4. Times change. The area of Concord Township has drifted more towar the City and less towards the rural. RECORD OF PROCEEDINGS Minutes Of Dublin City Council Meeting Meeting AYT N LEGAL BLANK 00. FORM NO. 10148 Held July 16, 1990 19 Page Nine 5. There is now a fully staffed, fully equipped fire station on Brand Road within a very short response time of all of Muirfield. 6. There have been tragedies that graphically pointed out the need for some improvement of the service level in the area. 7. The report from the Public Safety Committee which was very well written and very well researched points out that this needs to be treated as a first step towards a unified fire department for the City of Dublin. 8. Quoted Section 703.22 of the Ohio Revised Code which says, "when the boundaries of the township become equal to the boundarie of the municipal corporation, at that point the township ceases to exist and all the operations of the township become that of the city", which essentially, he noted, at that point would be the fire deparment. 8. It appears that Section 503.15 of the Ohio Revised Code gives the City very reasonable footing on which to proceed. 9. Section 503.07 of the Ohio Revised Code says that if the municipality is a city that the board of commissioners shall approve the petition. 10. Discussed the validity of the request to pass as an emergency reducing the risk of further tragedies, loss of life or health. Also noted that the issue has been very highly publicized, public heard on several occasions and those persons who are interested have had ample opportunity to be heard. 11. In favor of waiving the three time reading rule, treat as an emergency and in favor of the amendment of proposed by Mrs. King. Mr. Amorose concurred with the comments of Council members made previously and said that Council was only following through on the recommendations made at meetings in 1987 between Council members and representatives of the Perry, Concord and Jerome townships. Ms. Maurer offered her support to the comments made by other Council members. She also referred to the meetings with representatives of the townships in late 1986, when Dublin affirmed that the basic interest was in having good, high quality equal service throughout the community at equal rates. She recalled that the township trustees to make Dublin an offer. Perry Township offered to get rid of the policy levy, get rid of the duplication in service, get rid of the road levy, and entered into a three year agreement with Dublin saying that they would provide fire service for three years.. Concord Township did not come up with a proposal. Recalling the ballot issue and because of legal issues the City of Dublin had only three weeks in which to educate the citizens on the issues. Ms. Maurer said that she was convinced by the petition which she felt indicated that people now understood the issue and that for that reason she would be voting for the Ordinance as well as voting to waive the three time reading rule. She did have some concerns about passing it as an emergency. Mayor Rozanski said that he had examined the issue from three different viewpoints - 1. As a Councilperson from a ward that lies directly in Washington Township, and that representing those people he said he would be inclined to say that the residents of Washington Township must stop subsidizing other townships. 2. As the Mayor of the City of Dublin, the goal is to make sure that all persons get equal protection for a fair equal dollar. 3. As a resident of the northwest Central Ohio area, what effect will it have on Concord Township and how can the City of Dublin help the township if they are affected. RECORD OF PROCEEDINGS Minutes Of Dub 1 in C ity Counc i 1 Meeting Meeting DA LE AL BLANK CO. FORM NO. 10148 Held July 16, 1990 19 Page Ten Mayor Rozanski said that he felt that the issue is response time, and that the State determines the procedure as regards how entities respond to calls. The problem lies not in the fire departments, as all fire departments are comprised of exceptional individuals. He also said that the City needs to insure that it does not in any way harm or jeopardize other people, those beyond the City's boundaries. Mayor Rozanski said that he was in favor of waiving the three time reading rule and treating as an emergency but that he did have some concern regarding the emergency nature. Mayor Rozanski also asked that Council adopt as its legislative history the Public Safety Committee's report. Mrs. King moved to amend Ordinance No. 69-90 to delete the "WHEREAS" clause and insert thereof the amendments read earlier into the record and to change Section 4. to read as follows: "That this Ordinance shall be declared to be an emergency, as this Council has determined that the health, welfare and safety of the citizens of Dublin are at risk, and therefore this Ordinance shall be passed as an emergency." Mr. Campbell seconded the amendment. Mrs. King. By this amendment we are adopting the recommendation of the Public Safety Committee. Vote on the amendment to the Ordinance. Mrs. King, yes; Mr. Campbell, yes; Mr. Amorose, yes; Ms. Maurer, yes; Mayor Rozanski, yes; Mr. Sutphen, yes. Mr. Sutphen previously moved to waive the three time reading rule and treat as an emergency. Mr. Amorose had previously seconded the motion. Vote - Mr. Sutphen, yes; Mrs. King, yes; Mr. Amorose, yes; Ms. Maurer, yes; Mr. Campbell,yes; Mayor Rozanski, yes. There were not comments from township trustees. Mr. Elmer Gall, a resident of Finlarig Drive, said that he firmly felt that the issue should go on the ballot, putting it to a vote of the people as in 1988. Ms. Maurer moved to call the question. Mrs. King seconded. Vote - Mr. Sutphen, yes; Mrs. King, yes; Mr. Amorose, yes; Ms. Maurer, yes; Mr. Campbell, yes; Mayor Rozanski, yes. Correspondence Mr. McDaniel reported that the Dublin Historical Society wondered if there were any objection to the Society serving beer at Coffman Park during the Irish Feis on August 4, 5, 1990. He noted that they would be responsible for procuring the proper insurance prior to the festival. There were no objections. Comments from Citizens (Items not on the agenda) Mrs. Cathy Boring referred to a recent newspaper article which said that Dublin City Council, at a recent goal setting meeting, had established as one of their goals a second bridge across the Scioto River, somewhere between SummitView Road and Muirfield Drive. Mrs. Boring was concerned because it sounded as if Council had determined the site without any public input or discussion. i RECORD OF PROCEEDINGS Minutes Of Dublin City Council Meeting Meeting AYT N LEGAL BLANK CO. FORM NO. 10148 Held July 16, 1990 19 Page Eleven Several Council members said that they also had been surprised by the contents of the article, noting that no decisions had been made regarding goals and also saying that some of the goals were just one person's idea. There had been no prioritization. Ms. Maurer said that the proposals from the goal setting meeting go back to staff and staff reports what the proposals would cost in terms of time and money. After that, Council meets again to discuss the goals, their ramifica- tions, prioritize, etc. and then give the list to staff to place them in the budget for the next year. Mayor Rozanski assured Mrs. Boring that he also felt that the list should not have been published because it had not been refined; that it was simply a list of ideas generated by Council from suggestions heard by the boards and commissions; that it is a list, not the goals of Council. Ordinance No. 33-90 - Ordinance Providing for a Change of Zoning on a 38.368 Acre Tract Located on the East Side of Wilcox Road, North of Tuttle Road. Public Hearing. Registered proponents were: Mr. Chris Cline, Mr. Charles Driscoll and Mr. William Yoder. Registered opponent was: Mr. Kim Davies of Wilcox Road. Mr. Bowman had the following comments: 1. The subject site is a 38.368 acre site. 2. It is located within Dublin's new and large southwest planning area. 3. It is north and east of the intersection of Wilcox and Tuttle Roads. 4. The proposal is to rezone the land to R-12, Urban Residential District for multi-family residential development. S. There were numerous discussions with the applicant during the earlier portions of the annexation process. 6. Council passed a motion supporting discussing some of the land use configurations that were being discussed and also a number of development conditions for the area, including the agreement to accept a fee in lieu of park land dedication and a somewhat expedited rezoning process. 7. The applicant has agreed to submit a site plan and other evidence of commitment for a quality project as part of the zoning process. 8. Want to update Council on what has transpired over the last few mo hs as part of the application as well as part of the zoning applicati 9. There was a good deal of confusion at the Planning Commission concerning the roadways, the relocation of Wilcox Road as well as the expected improvements on Tuttle Road. 10. Some of the roadway issues are independent of the actual rezoning and part of the problem is that it is going to be difficult to explain because: A. Based on earlier discussions that decisions would not have to be made that were being pressed for in some quarters. B. Some of the decisions are still premature. C. A number of decisions must be made within the context of the City's overall capital improvements program and other priorities. 11. Despite the confusion, given the discussions with property owners, developers, the plans seem to date to be on target with expecta- tions as to how the area is to develop, and staff is recommending approval. 12. The first document for the whole area was the merger document, expressing staff's land use desires for the area, dealing with the Tuttle Corridor and the Coffman Extension Corridor. RECORD OF PROCEEDINGS MinUteS of Dublin City Council Meeting Meeting DAYTON LEGAL BLANK CO. FORM NO. 10148 Held July 16, 1990 19 Page Twelve 13. The plan attempts to give critical mass to a merging single family development centered around the Wilcox Road and Rings Road area. 14. The plan proposed a series of roadways as well as land use. 15. Shortly after the merger issue began working with the Edwards Company who was in the process of purchasing a number of tracts within the area, trying to do their plan based upon what they knew staff's objectives were within the merger plan. 16. Just prior to the large annexation staff had the plan they had been working on with the private sector, and had it slightly reworked; added a much larger area, more land use and talked specifically about things that had not been addressed before, and presented the plan to Council prior to the annexation vote. 17. Noted that the only mention of roadways made in the presentation was that the City may have to build the roadways. There were no commitments to build the roadways,but to attain the single family use staff is suggesting, as part of the plan, that it may be necessary for the City to take a pro-active stance and build th roadways to give an edge to the single family. 18. The multi-family is the subject of the rezoning tonight. 19. With regard to the roadway, it has been the county's position to straighten a portion of Wilcox Road to make a smooth transition from south of Tuttle Road to the end north of Tuttle Road. 20. The Edwards Company agreed to work with the county and city to make a different configuration - relocate Wilcox Road and agreed, also, to dedicate, through right-of-way, land which the county would have had to purchase anyway. 21. Moving to the second portion of Wilcox Road relocated, the curve and bringing it up to Rings Road, creating an edge between the single family uses to the north and the multi-family or office to the east and south. 22. Staff's understanding with the Edwards Company at the time was tha the road relocation was relatively unimportant to the Edwards Company; that the City would work with the county to make it happen. 23. Described further, on the map, the roadway. 24. The developer is pushing a little bit harder for the City to make the improvements as quickly as possible. 25. Certain residents would also like to have the improvements done as quickly as possible. 26. Crucial is the matter of timing. 27. The Planning and Zoning Commission vote 4 to 2 with one abstention, to approve the application on the basis that the developer and staff work together to work out some of the discrepancies in the development standards, the text and plan that was submitted; and secondly, that the developer provide at least some commitment from the County Engineer that the realignment of Wilcox Road will be cone. 28. Staff, as well as the developer, have met with the County Engineer. Standards for the road will need to be worked out. The county would do a typical two lane, county ditch section. The City would obviously be looking at curb and gutter type improve- ments. ` 29. The indication was that they still recognize the commitment and are willing to work with the City to make the improvement happen. 30. Staff believes that the development text in the zoning commitments is sufficiently complete. The agreed to commitments are detailed within the development text. There are also more drawings as to buffer standards. 31. The applicant agreed to return before the Planning and Zoning Commission for final review. 32. With regard to the buffer plan, Ms. Clarke met on site with the applicant and residents to try to work out some specific standards as to the buffering and timing of installation of the buffering. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting DAYTON LEGAL BLANK GO. FORM NO. 10148 Held July 16, 1990 19 Page Thirteen 33. Residents were concerned with regard to the cul-de-sac, how to access the cul-de-sac off of Rings Road, and working with the residents it was determined that they felt that it was in their best interest to have their curb cuts off of Wilcox Road. Mr. Campbell, with regard to the Planning and Zoning Commission meeting, said that the discussion regarding the roadways and what were the commitments, agreements, understandings, etc., which were made at the tim e the plan was approved said that he would want to live up to those commitments, and suggested that background research be conducted as to what those commitments were - discussions by Council, between attorneys, etc. before any decision is made. Mr. Bowman said that the agreement was - the developer said that he was "pretty tapped out" and said that he could not build the roads but could help the city in achieving the plan - the relocation of a portion of Wilcox Road. He said that he would give land and that the City could work with the county. Mayor Rozanski said that in discussions with the county that the county said that they had no problem if Dublin built the road according to Dublin specifications, but that the contribution to the cost would be if the road were built their way (two lane, county ditch). Mr. Campbell asked if there had been any research done regarding commitments, and Mr. Bowman said that Council did not specifically talk about the roadway issue. Mr. Bowman also said that the only thing he said specifically was that in order to get the single family land use and bring critical land mass to an area that Dublin, perhaps, would be in a position to "make this road happen" but that it would become a timing issue. The developer said that he would give the right-of-way to make the curve happen, and that then at the "tangent point" would give half to the right-of-way; that being the commitment as part of the rezoning. Discussion followed regarding the commitment of the other half of the right-of-way, working with property owners to "make the rest of the road happen". Mayor Rozanski said that it was his impression through discussions, that if the City were given the land that the City would build the road. It was agreed that persons did not believe the area would be developed so quickly, and Mr. Bowman said that. if he had felt that there was a commitment and that the City had half of the roadway to condemn and build the rest of the roadway that he would have been much more specific and would have made an issue about it before the City could even pretend to have made a commitment. Mrs. King said that she would like to see whatever records or documenta- tion are available regarding the issue, saying that she did not remember Council making a commitment to have the City build the road, noting that in Dublin, tradition has been that the developer builds the roads or they contribute substantially to the cost of widening the road (Avery Road). Mr. Campbell recalled discussions regarding land use, densities, as well as discussions about drafting a new zoning district for an interchange- type zoning, and that Mr. Smith had said that he would be willing to work on such a project if the need should arise. However, Mr. Campbell said that he did not remember any discussions about paying for the roads, but that if research indicated that the Council had so agreed, that he would expect the City to live up to that commitment. I RECORD OF PROCEED[NGS Minutes Of Dublin City Council Meeting Meeting DAYT N LE AL BLANK CO. FORM NO. 10148 Held July 16, 1990 19 Page Fourteen Mr. Hansley noted that, traditionally, a developer constructs new roads that will aid his development, but that in cases where the existing public is being served by an improvement that then the City bears the cost (Tuller Road, e.g.). Mr. Hansley also said that prior to the third reading of the Ordinance that Staff will prepare a synopsis of believed commitments by Staff and/or Council. He also noted that things were happening faster than Staff had anticipate . Mr. Sutphen asked if perhaps Mr. Smith should not be working on the possibility of a new zoning district since things were developing faster than anticipated. Mr. Campbell recalled discussions regarding certain limitations the City would impose regarding height of buildings, density of multi-family; that the Edwards Company needed to be able to add a certain amount of density as well as additional height on buildings "to make this thing £ly". He noted that discussions were that perhaps a new zoning district, perhaps an interchange zoning district, should be created for this particular site. Mr. Campbell requested that the snyopsis of information and documentation be forwarded to the Planning and Zoning Commission members as well. Mr. Bowman said that this was not a typical situation but that staff suggested not creating new zoning districts but use existing districts; that the applicant would do the same kind of job and would commit to, as part of the zoning, the typical restrictions and development standards that the City generally gets, and that those would be exacted. He noted that the developer has agreed, in exchange for the R-12 zoning, to commit to everything within the development text and the landscape buffer that has been worked out. The developer has also agreed to a review by the Planning and Zoning Commission for consistency with that document. The same thing, he noted, was done with Dublin Village Center. Mr. Bowman said that the commitment with regard to the park land fee was $100,000. Mr. Chris Cline had the following comments, using extensively a map and designating areas on the map in his discussion: 1. The zoning is a standard zoning classification. 2. Was not involved in earlier discussions, not representing Mr. Edwards at that time. 3. The development standards in Dublin permitted the developer to do what he wanted to do so that no special districts had to be created. 4. The zoning classification is U-R, which is Urban Residential, which allows 12 units to an acre, but in reality it will probably be less than 12 units an acre. 5. The primary access to the site will be off of Britton Parkway, an extension of Coffman Road. 6. The Edwards Group has already built, or is in the process of building a section of Britton Parkway, the applicant building several thousand feet of roadway that will be the primary access to the site. 7. As part of the development itself, the purchaser of the multi-family section will be putting in their own roadway, going from one end of the site to the other, to Wilcox Road. 8. The three pages of text have been revised eight times. 9. There are very detailed development standards. 10. The standards require that a site plan, the actual development plan, be brought back to the Planning and Zoning Commission for approval prior to construction. RECORD OF PROCEEDINGS Minutes of Dublin city council Meeting Meeting DAYT N LEGAL BLANK CO. FORM NO. 10148 Held July 16, 1990 19 Page Fifteen 11. Have worked closely with the three groups of neighbors. 12. The families to the north will stay single family with every expectation of having a viable single family neighborhood. 13. The residents on Tuttle Road do not have any long term residential expectations. 14. There are four residential homeowners along existing Wilcox Road whose land has, at present, no great development potential, but who are geographically separated from the solid single family area. The developer has tried to make them secure in their expectations to be insulated from the surrounding development and yet still maintain their single family uses. 15. A 100' zone has been created on the east side of the property. The first 25' will preserve all of the vegetation, existing tree lines; the second 25' to be sewer, utilities, bike path so that there will be, basically, a 50' no build zone from their property line. The next 50' has a limited use area. 16. Have committed to a buffer along the north side of the property, a 50' no build zone for bikeway and utilities. 17. A number of the commitments made will come into place with sub- sequent rezonings (the Windmiller piece, e.g.). 18. Made a commitment to the residents that there would not be a curb cut that will line up with their Wilcox Road. 19. Also agreed that the present park across from their homes which is shown as multi-family will, at the request of the residents, will be office. The residents said that if they would have to convert from residential to a non-residential use that the office would help them in their property values and they, hopefully, would not end up with another David Road situation. 20. The decisions regarding the roadways need to be made at this time. Had to tell the condominium developer that he could not develop in a certain area and that he had to anticipate a roadway being in a certain location. 21. Need some commitment as to what direction the City will be taking. 22. Discussed the roadway plan which cul-de-sacs Wilcox Road at one location, making it developable along one side, interrupts Rings Road, thus making it developable to the north. 23. Noted that this particular site can be developed without the roadwa . 24. In discussing right-of-way commitments noted that they had said that they would provide 30' of right-of-way "along the top part here if you choose not to do this S", granting an alternative by dedicating 60' right-of-way to allow direct connection to Britton Parkway. 25. Based on the meetings with the County Engineer's Office and felt that the County's reasoning for continuing to support the road is that it is still a road that benefits the county as a whole. 26. $100,000 was discussed for park land dedication for this site and $150,000 for another multi-family section. Those commitments still stand. 27. After meeting with the Director of Parks and Recreation, an agree- ment has been worked out that if the two multi-family zonings are approved, that 8' acres would be dedicated as part, connecting Wilcox Road to the existing township park. 28. Have also committed to preserving the tree line along the entire length of the ditch, the first ditch to the north of Tuttle Crossing Boulevard. 29. Should the park land dedication come about there would be no cash dedication. Mr. Bill Yoder said that he and his neighbors felt that the plan was as good a plan as they could hope for for their neighborhood, with everyone working together (neighbors, developers, Dublin, etc.) RECORD OF PROCEEDINGS Minutes Of Dublin City Council Meeting Meeting DAYTON LEGAL BLANK GO. FORM NO. 10148 Held July 16, 1990 19 Page Sixteen Mr. Yoder mentioned that he and his neighbors were proud to be in Dublin and thanked members of Council for listening to and reacting to their concerns. He noted that the reason the road is so importnat to them is that the road will define and cut off their single family area from the other uses of office, commercial, retail, etc. Mr. Yoder said that they feel that the road system should be a part of the development, a commitment to same and asked for Council's support for this development and the next soon to be heard request and for the road system which should accompany it. Mr. Kim Davies of Wilcox Road spoke as an opponent to the rezoning. Mr. Davies, representing a small group of residents of single family homes, said that they had spent the last five months, since the county commissioners hearing, working with the applicant and Dublin Staff to secure a portion of the ample protection that Dublin residents receive traditionally. He said that since a straight R-12 zoning does not provide a process or forum for establishing development standards, or mediating concerns between residents and developers that they were required to create their own forum in the process. He commented that they found how very few people really understand what the straight R-12 zoning is because it is used so rarely. Mr. Davies said that a developer deals with residents quitely different) under an R-12 application because there is no planned district, there is no requirement for site plan review as well as no requirement for development standards. He did note that when the Planning and Zoning Commission directed the Zoning Administrator to mediate the concerns of both partis that a set of full development standards were generated. Mr. Davies said that he felt that there were three issues which remain unresolved. 1. A concern that the development standards be binding and enforceable, asking that Council resolve this by including adherence to these standards as a condition for passage of the Ordinance as a R-12 zoning. 2. In the event the developer or the development would render the current water and sanitary systems unserviceable that they would like to know who would be responsible for the remedy to the problem should it occur. 3. With regard to the roadway, ask that Dublin finalize discussions with the developer and Franklin County Engineer and begin construction immediately on that segment of the roadway before the rezoning, as it is expected 400 plus households will be added to an already overburdened two lane country road with a jumbo S-curve. Mr. Davies said that if they were asked if they were happy with the rezoning that they would have to say no, but that through precaution and negotiation that they felt that they had done the best they could. Mr. Davies also had a recommendation - that if it is the Council's intention to continue encouraging straight zoning, that he would Like to encourage Council to develop, in addition to its zoning regulations, regulations which would specifically designate multi-family as a competing residential use, therefore, carrying with it development standards. There will be a third reading of the Ordinance at the next regularly scheduled Council meeting on August 6, 1990. RECORD OF PROCEEDINGS Minutes Of Dublin City Council Meeting Meeting DAYTON LEGAL BLANK CO.. FORM NO. 10148 Held July 16, 1990 19 Page Seventeen Ordinance No. 54-90 - Ordinance Repealing and Recodifying Section 703 of the Dublin Codified Ordinances - Alarm Systems. Third Reading. Vote - Mr. Sutphen, yes; Mr. Amorose, yes; Ms. Maurer, yes; Mayor Rozanski, yes; Mrs. King, yes; Mr. Campbell, yes. Ordinance No. 55-90 - Ordinance Amending Ordinance No. 102-89 Regarding Regulation of Street Signage in the City of Dublin. Third Reading. Following written recommendations regarding changes in the Ordinance, Mr. Sutphen moved to amend Ordinance No. 55-90 as follows: Section 1.(c) "All new development must include the standard street signage and such Signage shall be in place prior to final acceptance of the development by the City. The developer shall be responsible for this initial installation of street signage, and, after final acceptance, the City shall be responsible for street signage maintenance and replacement." Section 3. "When a subdivision requests that the City remove non- standard or distinctive signage and/or post, and install standard signage, no fee shall be assessed for said removal and replace- ment of those signs. However, the City shall determine, based upon budgetary concerns, the timing of such removal and replace- ment. Any distinctive signage and/or post removed by the City shall become the property of the City." Ms. Maurer seconded the motion to amend. Vote to amend - Mr. Campbell, yes; Mayor Rozanski, yes; Mrs. King, yes; } Mr. Amorose, yes; Ms. Maurer, yes; Mr. Sutphen, yes. Vote - Mr. Amorose, yes; Mayor Rozanski, yes; Mr. Campbell, yes; Mr. Sutphen, yes; Ms. Maurer, yes; Mrs. King, yes. Ordinance No. 56-90 - Ordinance Authorizing City of Dublin to Enter into Cooperation Agreement for Community Development Block Grant Program. Second Reading. There will be a third reading at the Council meeting on August 6, 1990. Ordinance No. 58-90 - Ordinance Authorizing the Purchase of a Computer. Second Reading. Following comments from Mrs. Metz, it was decided to refer the Ordinance to the Finance Committee for input and discussion. There will be a third reading at the next regularly scheduled Council meeting. Ordinance No. 59-90 - Ordinance Accepting Lowest/Best Bid for Tuller Road Improvements. Second Reading. Mr. Foegler said that the Tuller Road engineering project initiated in 1986 did not have the utilities placed underground. The Tuller Road project bid came in as an approximately 1.2 million dollar project, and it would cost an additional $800,000 to put the electrical lines underground. Mr. Foegler requested clarification regarding policy, since private developers are being asked to uniformly install their lines underground. The Planning Commission recently tabled a request from a developer requesting a variance to put replacement lines above ground. Mr. Foegler requested direction from Council and a policy regarding relocation of existing lines. He noted that Staff has been working with the engineer for the improve- ments on 161 from Riverside Drive to Sawmill Road, and since it is very early in the project a decision will need to be made there as well. RECORD OF PROCEEDINGS Minutes Of Dublin City Council Meeting Meeting DA N LEGAL BLANK CO. FORM NO. 10148 Held July 16, 1990 19 Page Eighteen With regarding to the policy decision regarding Tuller Road, Mr. Foegler said that in addition to the $800,000 cost that based on the estimates of the engineer, that burying the lines would also result in a loss of six months time, requiring re-bidding of the contract, etc. Mr. Sutphen said that he recalled a vendor who said that the specifica- tions regarding the placement and moving of the stone for the temporary road have caused the problem. He also noted that he had spoken with two other potential bidders who said that the City should go with the concrete and asphalt overlay rather than the aggregate base with the asphalt overlay. Mr. Sutphen also said that when the bids are let for the Muirfield Drive extension that the bid specifications specify one type of road construction, the City adopting a set standard - concrete with asphalt overlay. He also said that the Public Service Committee will address the issue at their next meeting. It was noted that contractors preferred the concrete with asphalt over- lay, noting the a portion of the construction would be done during the winter months and that one can drive on the concrete in one portion of the road while the rest of the road is being constructed. It was noted that several contractors had said that the gravel haul road would make the job much more difficult, and that the true cost of the gravel haul road was not in the bid and/or the specifications. Though he had concerns, Mayor Rozanski said that because the project had been on hold for so long as a result of one problem or another, that he felt that it should be done as soon as possible given the present dangerous condition of the road. Mrs. King recommended "going with" the City Engineer's recommendation, move ahead to award the contract and get the project moving. She suggested that perhaps Staff could give some assurance that the contractor would be able to move ahead in an expeditious manner to allay the concerns of Council. Mr. Willis said that if there is a need for extra stone that can be dealth with. The low bidder had a cost for the stone of $3/ton while the other bidder had a cost of $10/ton. It was noted that cost overruns are allowed on the project. Mr. Martin Savko of Nickolas Savko & Sons, Inc., the unsuccessful bidder on the project said that their bid had $40,000 worth of #304, limestone, a quality stone for temporary roads, and that their bid inclu d the stone for the entire temporary road from the beginning of Tuller Road down to Riverside Drive. Mr. Savko said that they would also be willing to sign a supplemental agreement that no additional dollars would be spent, but that they would prepare a proper sub-base and then roll the stone in properly in an acceptable thickness to maintain automobile and truck traffic, while half of the road was being built and then switch the cars off of the gravel onto the concrete and put in the other half of the road. With regard to policy on the burying of electric lines, Mr. Campbell said that a decision needed to be made because there was another request before the Planning and Zoning Commission (which was tabled) last week where the developer was requesting a variance, asking for a waiver of the requirement for burying the line, said project costing him an additional $500,000. The developer had requested being allowed to hand the lines overhead along the outside of the project. RECORD OF PROCEEDINGS Minutes of Dublin city council Meeting Meeting DAYT N LEGAL BLANK CO. FORM N0. 10148 Held July 16, 1990 19 Page Nineteen Mayor Rozanski said that it would be his opinion that if it is a new line and if the City were putting in a new line that it should be buried, but with regard to Tuller Road, an existing road is being improved and the existing line should not be required to be buried. Several members of Council expressed concern regarding the potential delay of six months in the light of liability and safety issues. Mr. Sutphen said he felt that the engineer who designed the road should have been aware of the situation, and Mayor Rozanski said that he felt that if Council would have been aware of the situation a year ago that they might have said to go ahead with burying the lines since the road was not ready to be constructed at that time. Mr. Hansley noted that a year ago it was a clear assumption on Staff's part that Council would probably not go along with a million dollar project for burying electric lines. However, subsequently Council voted approval for an underground street lighting system and under- ground electric system whenever Council agreed to a major roadway; that being a part of the voted bond package. With regard to the right-of-way, Mr. Smith reported that the City does not have a tentative agreement on the right-of-way from one property owner, but that he has been told that when the project is about to begin to do a quick take and that that is what he will do. Mr. Savko commented that with the project possibly being able to get started in August that there will be blasting, a month of storm sewer work, three weeks of excavation, the curbs under construction in mid- October, November, and then the stone and asphalt being put in, but that by that time the asphalt plants will be closed. He noted that concrete can be poured off the dies if necessary, via chutes, even in the rain. Mr. Savko also said that the concrete and asphalt design will carry five times the load of a stone and asphalt design. He also said that with the other bid the City could anticipate perhaps as much as a 50% increase with that item. There will be a final reading of the Ordinance on August 6, 1990. Ordinance No. 61-90 - Ordinance to Amend Certain Sections of the Codified Ordinances Pertaining to Driving Under the Influence to Comply with Current State Law, and Declaring an Emergency. First Reading. Mrs. King introduced the Ordinance. Mayor Rozanski reported that the purpose of the Ordinance is to bring the City up-to-date with the new State laws for OMVIs with penalty sections which increase the maximum penalties and modify some of the minimum penalties in the law. He noted that the State law goes into effect on July 25, 1990. Mrs. King moved to waive the three time reading rule and treat as an emergency. Mr. Amorose seconded the motion. Vote on the motion - Mr. Sutphen, yes; Mr. Amorose, yes; Mayor Rozanski, yes; Mr. Campbell, yes; Mrs. King, yes. Vote on the Ordinance. Mrs. King, yes; Mr. Campbell, yes; Mayor Rozanski, yes; Mr. Amorose, yes; Mr. Sutphen, yes. Ordinance No. 62-90 - Ordinance Authorizing Payment for Compensation for Roadway Right-of-Way. First Reading. Mr. Amorose introduced the Ordinance. Ms. Maurer moved to waive the three time reading rule and treat as an emergency. Mr. Amorose seconded the motion. RECORD OF PROCEEDINGS Minutes of Dublin city council Meeting Meeting D N LEGAL BLANK CO. FORM NO. 10148 Held July 16, 1990 19 Page Twenty Vote on the motion - Ms. Maurer, yes; Mrs. King, yes; Mr. Sutphen, yes; Mr. Campbell, yes; Mayor Rozanski, yes; Mr. Amorose, yes. Vote on the Ordinance - Mr. Campbell, yes; Ms. Maurer, yes; Mr. Amorose, yes; Mrs. King, yes; Mayor Rozanski, yes; Mr. Sutphen, yes. Ordinance No. 63-90 - Ordinance Amending Chapter 921 of the Dublin Codified Ordinances Entitled "Sewer Regulations" to Comply with Federal and State EPA Requirements. First Reading. Mr. Campbell introduced the Ordinance. There will be a second reading of the Ordinance at the next regularly Council meeting on August 6, 1990. Ordinance No. 64-90 - Ordinance Amending Section 1313.04(b) of the Dublin Codified Ordinances to Regulate Areas of Special Flood Hazard. First Reading. Mrs. King introduced the Ordinance. Ms. Kurtz said that the City will be complying with the requirements of FEMA so that the City will be able to regulate the newly annexed areas of Washington Township, requiring that they meet the same flood hazard standards as the rest of the City. Also noted that it has been mandated by FEMA that this be accomplished on or about August 15, 1990. Ms. Kurtz also said that Staff will, in a couple of months, be presenting to Council legislation with minor changes to the flood control ordinance. There will be a second reading of the Ordinance on August 6, 1990. Ordinance No. 65-90 - Ordinance Dealing with Conversion of Private Streets to Public Streets. First Reading. Mr. Sutphen introduced the Ordinance. Mr. Willis commented that from time to time the City gets requests for the City to take over maintenance responsibilities for streets that were constructed privately, and which have been maintained to that point in time as private streets. The issue was referred to the Public Service Committee of Council. Mrs. King said that the Public Service Committee of Council did meet on the issue several times and recommended the adoption of the policy as stated in the Ordinance. She also requested that the application form include a petition signed by at least 50% of the affected property owners. Mayor Rozanski said that he would like to have written information about what it would take to bring the street in the Mews up to the standards stated in the Ordinance. Mr. Willis said that one thing would be the installation of gutters. Mr. Hansley also noted that the City would then be responsible for garbage collection and snow plowing. Mr. Amorose said that he felt that it is also a matter of some planning, noting that many of these private streets are in multi-family developments where there is very little parking space for the density of the units; that the planning issue needs to be explored. Mr. Hansley noted that if it were a public street that, administratively parking, etc. can be enforced. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting DA ON LEGAL BL4NK CO. FORM N0. 10148 Held July 16, 1990 19 Page Twenty One Ordinance No. 66-90 - Ordinance Amending Annual Appropriations Ordinance Dublin Village Center Street Lighting. First Reading. Mr. Campbell introduced the Ordinance. Mr. Bowman reported that the purpose of the Ordinance is to appropriate an additional $150,000 for street lighting; that $150,000 has been budgeted; that the developer has agreed to be assessed for half, paying th $150,000 back to the City over five to seven years. The safety issue was mentioned and Mr. Amorose wondered if the City could not require State Savings to develop their lights at the same time as Drexel Development, specifically mentioning the main road off of S.R. 161 that comes through the State Savings property into the Center. Mr. Bowman said that Staff would be meeting with Drexel Development and some of the other property owners. There will be a second reading of the Ordinance on August 6, 1990. Ordinance No. 67-90 - Ordinance Accepting the 1990 Amendments to the CABO One and Two Family Dwelling Code, and Declaring an Emergency. First Reading. Mrs. King introduced the Ordinance. Mrs. King moved to waive the three time reading rule and pass as an emergency. Ms. Maurer seconded the motion. Vote on the motion - Mr. Amorose, yes; Mr. Campbell, yes; Mrs. King, yes; Ms. Maurer, yes; Mayor Rozanski, yes; Mr. Sutphen, yes. Vote on the Ordinance - Ms. Maurer, yes; Mr. Amorose, yes; Mr. Sutphen, yes; Mr. Campbell, yes; Mayor Rozanski, yes; Mrs. King, yes. Ordinance No. 68-90 - Ordinance Accepting the Lowest/Best Bid for 1990 Street Improvement Resurfacing Program. First Reading. Mr. Sutphen introduced the Ordinance. Ms. Maurer moved to waive the three time reading rule and treat as an emergency. Mr. Amorose seconded the motion. Vote on the motion - Mayor Rozanski, yes; Mrs. King, yes; Mr. Campbell, s; Mr. Sutphen, yes; Ms. Maurer, yes; Mr. Amorose, yes. Mr. Sutphen suggested that should additional funds be available in the budget, that consideration be given to repairing some of the curbs and gutters listed on the "hit list" and/or have the contractor repair the berms along Muirfield Drive. Vote on the Ordinance - Mr. Sutphen, yes; Mayor Rozanski, yes; Mr. Amorose, yes; Mrs. King, yes; Ms. Maurer, yes; Mr. Campbell, yes. Resolution No. 21-90 - Resolution Designating an Old Dublin Community Improvement Corporation. First Reading. *r Ms. Maurer introduced the Resolution. Mr. Bowman recommended that the Resolution be referred to the Law Director's Office for comments as to content as well as to the process as it continues. There will be a a second reading of the Ordinance on August 6, 1990. RECORD OF PROCEEDINGS Minutes Of Dublin City Council Meeting Meeting DAYT N LEGAL BLANK CO. FORM NO. 10148 Held July 16, 1990 19 Page Twenty Two Other Request for Bed Tax Funds - Dublin Civic Beautification Program - Tree and Landscape Advisory Commission. Ms. Jordan reported the following changes in the award classification categories: Award Classes B1 and B2 have been adjusted to allow small businesses to compete in one category and large businesses to compete in another. Award Classes C3 and C4 have been defined to professionally and non- professionally designed garden categories in which senior citizens are eligible. She also noted that the budget as been amended, bringing the total request up to $1,060.00. Ms. Maurer moved to approve the request for $1,060.00 for the Dublin Civi Beautification Program. Mr. Sutphen seconded the motion. Vote - Ms. Maurer, yes; Mr. Amorose, yes; Mayor Rozanski, yes; Mr. Campbell, yes; Mr. Sutphen, yes; Mrs. King, yes. Status Report on Old Dublin Development Mr. Bowman's comments regarding the Community Improvement Corporation and how it works: 1. The City recognizes a private, not for profit corporation as a planning agency. 2. There are some interested property owners who have gotten together "to get the ball rolling". 3. The owners came up with Articles of Incorporation based upon what they know of the Community Improvement Corporation. 4. A copy of those Articles has been submitted to members of Council as well as to the Law Director for comments. S. Therefore, there is a private sector effort as well as a municipal effort, with proper legislation based on statuatory requirements, which would designate the group as a recognized planning body. 6. The process is just beginning. 7. Once the statuatory requirements have been identified, what the process is, then the intention is to make it all very public. 8. Membership will be solicited within the organizations. 9. It was recognized that there was a need for a decision making body within Old Dublin, making decisions for the downtown area. Mr. Mark Jones discussed tye types of improvements being considered. 1. Problem area issues tend to be parking as well as maintenance of the existing improvements. 2. Trying to identify streetscaping improvements, make some recommendations, start gathering costs and data for groups such as the Architectural Review Board, the Community Improvement Corporation, Council, whomever will be the decision-making body. 3. S. High Street between Third Alley and Fourt Alley is seen as the initial phase where the property owners are interested in street- , scape improvements. 4. Have some preliminary engineering proposals for the widening of Bridge Street within the existing right-of-way, and for that reason see Bridge Street and North High Street area as a second phase. S. One of the things perceived to be needed is curb replacement. See a need for an area right off the curb so that as the door of a parked car is opened the door does not hit the bank, and so that one can get out and access to steps at different points on the block. RECORD OF PROCEEDINGS Minutes Of Dublin City Council Meeting Meeting DAYTON LEGAL BLANK CO. FORM NO. 10148 Held July 16, 1990 19 Page Twenty Three There is a difference in grade elevation from Dublin Art Glass (18") to Dr. Grant's office (30"). 6. There are several steps in various states of disrepair. 7. Considering using a dry laid stone wall as a retaining wall to create a little bit more root zone area for either existing trees or replacement trees, as well as to create a walk or access area immediately off of the curb. 8. Considering increasing the width of the sidewalk from 4' to maintain a minimum width of 5'. 9. Would use the same paving materials for the sidewalk as for the area immediately back of the curb, whether it be brick, stone, concrete pavers or concrete. 10. The standard concrete sidewalk, presently, would probably be the least expensive, but would also have the most significant impact on the existing tree roots. Staff is looking at alternative paver materials, minimizing damage to the trees. Looking at a compacted gravel with sand levelling base and either a brick, stone, or concrete-type paver unit and then incorporate within that some root zone barrier to prevent the coupling and the cracking of the sidewalk from the roots of the trees. 11. Also looking at street lights. Previously a historic type fixture has been approved by the Architectural Review Board. Looks very similar to the original gas light fixtures that were in Old Dublin from old photographs that have been seen. Actually, a high pressure sodium light fixture which gives a down lighting and minimizes glare and light trespass. Has a glass chimney with a low wattage bulb. Also has a ladder rest and the ability to add banners along the side. Sould be spaced 75' to 80' on center on both sides of the street. 12. Proposing, with the opportunity of the private sector wanting to do the improvements, is doing the City's portion of the Dublin Art Glass, municipal parking lot at the same time. 13. Have begun to have conversations with the property owners regarding financing; perhaps flexible terms with long term pay back. 14. Will keep Council updated as more information is gathered. 15. Utility company is looking at aerial distribution on South High Street. Initial estimate for burial of the line is one half million dollars. Will also look at alternatives. Rough estimate for relocation of the utility lines at the back alleys would be approximately $40,000. Cable company also looking at it. Desire to consolidate any of the streetscaping projects to minimize the impact and save money. 16. Having nursery arborist evaluating street trees. 17. Talking to contractors also. 18. Looking at finishing Phase 1 in 1991. 19. Will be holding public hearings, getting public input - have a concern for maintaining some historical accuracy. 20. The half million dollar cost is only for burying the lines. It is the individual property owners responsibility for the cost for the change of service as well as upgrading the service connection to current code. Mr. Bowman said that the first priority is to decide on the standard, and then secondly, as staff gets all the cost information, figure out what would be the most fair, equitable and reasonable way to pay for everything. The Architectural Review Board has been informed of the plan and will be kept up to date and involved in the process. RECORD OF PROCEEDINGS Minutes Of Dublin City Council Meeting Meeting DAYTON LEGAL BLANK GO.. FORM NO. 10148 Held July 16, 1990 19 Page Twenty Four Mrs. King said that she thought it was a well thought out plan, and said that there had been a request to have handicapped access to the barber shop on the east side of the street. Mr. Jones said that they planned, because of grade, to try to keep the handicapped access near the alleys. One resident of the area said that she was a little confused about how the plan will affect people behind High Street, down on Riverview Street. Mr. Jones said that there would not be any immediate impact on the residents of Riverview Street. At this time, he said, staff would see streetscape improvements in areas other than South and North High Streets as a tertiary phase and something that the community will have to decide. Mr. Jones said that they will talk to each individual property owner abo the improvements. The only "lumping together", he said, will be to get everybody involved through the Community Improvement Corporation, with input. Dr. Grant commented by saying that he is involved partially in the private development; the plan seems to be generating enthusiasm, cooperation and said that there was a great deal of private money getting ready to go into the area. He said that he felt that the area is still a viable district. The major hurdle at present, Dr. Grant said, is to get the Community Improvement Corporation functioning and also said that the main function would be to coordinate theme and priorities for how the private and public funds will be spent. The Community Improvement Corporation will have appointed representative from the private sector, as well as representatives from Council. Mrs. Catherin Headlee suggested that a major improvement presently would be more frequent emptying of the overlowing trash cans in the area, especially in the hot weather. One nearby resident noted that the trash cans are emptied once a week at 5:00 A.M. MayorR~saaakkisuggested that perhaps mid-week the City could empty the trash cans in the City dumpster. Mr. Bowman said that with the improvements, the expectation of those on the street would be that the area would be treated more as a park are with monitoring of such things as trash receptacles, and policies will need to be established. Mr. Sutphen suggested that certain stipulations be placed in the trash contract the next time it goes out for bid. Mr. Harding noted that the trash cans had been added after the present contract was signed. Mr. Harding pointed out that the present residential trash contract stipulates no trash pickup prior to 7:00 A.M. Mrs. Jean Mercer requested that it be noted that there are residents as well as businesses in the Old Dublin Historic District, and also said that she would not want a Williamsburg-type district. Comments from Staff Mr. Foegler 1. Have been meeting with Columbus weekly on the water and sewer contract issue. Council Roundtable Discussion Mrs. King 1. Welcomes Sandra Puscharcik, the new Public Information Officer/ Special Events Coordinator. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting DAYTON LEGAL BLANK CO. FORM NO. 10148 Held July 16, 1990 lg Page Twenty Five 2. Stated that she wanted reports and information regarding contracts, etc. before Council meetings (not on Monday nights) in order to be able to study same. 3. Will be on vacation the first meeting in August. 4. The petition submitted by several Clover Court residents and their request has been referred to the Public Safety Committee. Mr. Willis is to do an analysis and there will be another meeting with the residents in mid-August. Mayor Rozanski said that he had been informed that several residents on the street had not been approached with the petition. Mr. Sutphen 1. Council might want to consider recessing during the month of August. 2. When engineering the extension of Muirfield Drive be aware of the field tiles buried there. 3. Will be on vacation for the second meeting in August. Mr. Amorose 1. Trying to get the Maintenance Department to sweep the corner of S.R. 161 and Sawmill Road. Ms. Maurer 1. Referred to her memorandum, the Land Use Committee Meeting report and asked what direction should be taken. It will be placed on the next meeting's agenda for discussion, i.e. discussion regarding the Northeast Quadrant Master Plan. 2. Noted that the Police Department had to request the first group at Sunday in the Park series at Scioto Park to lower the decibel level. 3. Several residents have requested that the Brand Road pump station area be "spruced up" - painted and landscaped. 4. Suggested there might be an ethics problem with the invitations to Council members for Picnic at the Pops from Warner Cable Communica- tions. 5. Suggested the "Agenda Form" be made available to the public. The meeting was adjourned by Mayor Rozanski at 1:15 A.M. M or - P esi ng Officer ~~L~ . ~~z,~/ iGZG' Clerk of ouncil