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HomeMy WebLinkAbout11/21/1983 RECORD OF PROCEEDINGS 89 Minutes of Meeting ~ National Graphics Corp., Cols., 0, Form No. 1097 ~ Held Novembei' 21 , 19H3 19 '- The regular meeting of the Dublin Village Council was called to order by Mayor Lewis at 7:30 P.M. with the following members present: Amorose, Chambers, Headlee, Lewis, Maurer, Sutphen, and Thornton. Also present were Mr. Sheldon, Village Manager, Mr. Smith, Law Director, and Mr. Strutner, Assistant Village Manager, who was serving as Acting Clerk. ,..., Mr. Amorose moved, Mrs. Maurer seconded the motion to approve the minutes of the November 7, 1983 meeting. Mr. Chambers requested a verbatim tran- script of that part of the minutes of the November 7 meeting which dealt with the Force Main Sewer. It was voted unanimously to approve the minutes, subject to the above cited addition. Mr. Amorose moved to accept the bill listing, seconded by Mrs. Headlee, and the motion passed unanimously. The Clerk read a letter from Lee L. Verstandig, Assistant to the President, to Mayor Lewis regarding Mr. Verstandig's recent visit with Mayor Lewis while in Columbus recently. Mrs. Headlee moved that Frances Urban be appointed as Clerk of Council at the recommended salary of $13,500. Mr. Chambers seconded the motion, and the vote was unanimous. r Ordinance 38-83 Said Ordinance to rezone a 8.397 acre tract of land S.R. 745 and immediately north of 84 N. High Street untabled by a motion from Mr. Thornton and seconded motion to untable the Ordinance passed unanimously. Ordinance was also unanimous. along the east side of from R-2 to CB was by Mrs. Maurer. The The vote on the \ .... Resolution 15-83 Said Resolution to delete Appendices A through U following Chapter 1115 of the Codified Ordinances was read for the third time, was voted on, and passed unanimously. Resolution 16-83 Said Resolution to repeal Section 1103.03 of the Codified Ordinances was read for the third time and passed unanimously. Ordinance 48-83 An Ordinance to amend certain portions of Ordinance 52-81 (Amendments to the Compensation Plan) was read for the third time and passed unanimously. ,I"....'" ." L Ordinance 53-83 An Ordinance to make appropriations for current expenses and other expendi- tures of the Village of Dublin, State of Ohio during the fiscal year ending December 31, 1984 was introduced by Mrs. Headlee and read for the first time. Mr. Thornton made two observations: (1) the $80,000 paid to Columbus for Income Tax collection fees might be money saved. Should the Village get their own computer it might consider doing this job themselves; (2) the $605,000 for the Police Department is over ~ of all special funds and 15% of the total funds. Mayor Lewis asked Mr. Sheldon if in the investigation - of the purchase of a computer for other functions, was the collection of Income Tax being incorporated in the investigation. Mr. Sheldon replied in the affirmative. Ordinance 54-83 An Ordinance approving the editing and inclusion of certain Ordinances as parts of the various component codes of the Codified Ordinances of Dublin, Ohio was introduced by Mr. Amorose. Mrs. Maurer moved, seconded by Mr. Thornton to do away with the three time reading rule and pass this Ordinance as an emergency measure. The motion passed unanimously. The vote on the Ordinance was also unanimous. "._'>"'*'_>1"'.."__W'iI"""lIl.~ -.,. RECORD OF PROCEEDINGS 91 Minutes of Meeting ~ National Graphics Corp., Cols" O. Form No. 1097 ~ II eld November 21, 1983 19 Page Two r-- \..- Other Business . Ordinance 45-83 A Public Hearing on Ordinance 45-83, New Dwelling Code, was set for December 5, 1983 at 7:30 P.M. by Mayor Lewis. r , ...... Force Main Sewer - Riverside Drive Mr. Sheldon again gave the background and history. Mr. Smith reported that he sent a letter to Mr. Parkinson on November 9, 1983 expressing the Village's disapproval with the plan of the force main sewer and requested that a meeting be arranged. On November 15, 1983 a meeting was held with Mr. Sheldon, Mr. Smith, Mr. Warner, Mr. Parkinson, and Mr. Zande present. The purpose of the meeting was to inquire as to whether or not Columbus was "locked in" with regard to discussing their plans with us or whether any other routes could be suggested or looked into, or was there a way Dublin could participate in it financially and then oversize it for our own use. No agreements were made. Mr. Parkinson was to go back to the Mayor and Mr. Dodge and give the Village their view in writing. The contract is to go out for bid early in December. In Dublin's contract with the City of Columbus, any time they build a sewer line in our sewer district they have to furnish the Village with a set of plans and then Dublin has 30 days in which to accept or reject those plans. Mr. Sheldon read a letter from Mr. Dodge, received November 21, regarding the oversizing of the force main sewer. There are financial implications but the possibility does exist for Dublin residents and developers to get into the system. The City of Columbus, however, requested additional information from the Village of Dublin to determine the size of the main and the cost of oversizing. Comments from Council Members. Mr. Thornton, with Mrs. Headlee, Mr. Amorose, and Mr. Sutphen essentially agreeing, felt we should do nothing. It was felt that Dublin probably could not stop the City of Columbus legally, and the cost of oversizing the main would be too great for the Village as well as for individual residents. Mr. Amorose also mentioned that most residents don't want the system. Mr. Chambers said that he does not believe "nothing can be done"- "something can always be done". He felt the Village needs additional information and answers in order to make sound decisions. He also questioned the fact that no Council members were present at the meeting mentioned above. Mr. Warner, the Village Engineer, said that the connections into the force main from an engineering stand- point would be very difficult, especially if it were not oversized. Comments from Citizens. Mr. Loveland asked for clarification on the legal aspects of the issue; Mr. Parkhill was concerned that the blasting could divert the water table to the point where there would be no water; Mr. Stoycheff reaffirmed the fact that residents on both the east and west side of the river whom he had contacted do not want the force main system; Mr. Keller wondered if perhaps the Village had the authority to stop the blasting. r' L Mr. Smith mentioned that it appears the EPA is involved, and said that the time for an injunction is not right. Perhaps at the acceptance of bid or construction date it might be more appropriate. The contract needs to be reviewed, he said, and he did not feel it was wise to discuss the legal issues publicly. Mr. Yeager, who owns undeveloped land on the east side of the river, spoke to the issue. He felt that if indeed, no matter what, the force main would go in would it no be prudent to allow developers to tap in. Mr. Thornton questioned the equity of the cost involved between residents and developers. RECORD OF PROCEEDINGS 81 : Minutes of Meet ing ~ National Graphics Corp., Cols., O. Form No. 1097 ~ II eld November 21, 1983 19 Page Three ,-. 't ''--"' Mr. John Shute, a Liberty Township Trustee, also spoke to the issue. He mentioned that the City of Columbus has been under pressure from the EPA for 10 years to do something about the situation at the zoo. He mentioned that the newly purchased park grounds, leased to Fun Time Inc. for the develop- ment of a water park might have something to do with the situation. Mr. Shute also felt that there are other alternatives available; such as a li ft station. ~. -- Mayor Lewis mentioned that the first real discussion on this subject was only two weeks ago on November 7, and he thanked the citizens for their interest and input. Mayor Lewis also made the following recommendations: 1. The Law Director should review the contract and any other legal means to see what the Village of Dublin can do in a rational framework to have their opinions and their desires heard in the proper places and with the proper peoplea 2. The Village Manager and Village Engineer will determine the status of and history of the negotiations that have been reported upon as having occurred with Delaware County, and ask the additional assistance of Mr. Shute who spoke to the matter of Delaware's negotiations with the City of Columbus some time back on the subject of the sewer line. 3. The Village Manager will contact the EPA directly, with the assistance of the Law Director, if necessary, to determine the precise status of the EPA ruling. 4. That with the information garnered from one through three above, the Village can then determine their options and/or alternatives. 5. Mrs. Headlee suggested that the Village point out to Columbus that there is more rock than their recent borings show, and possibly ask them to conduct additional borings. 6. Mr. Thornton suggested asking the Law Director to look into the feasibility and cost of preparing any injunctions to stop action on the p roj ect. Mrs. Maurer mentioned that we must examine the issues and their ramifications very carefully, and felt that the Village should go forward with Mayor Lewis's suggestions. r Mr. Chambers moved that the Law Director and the Village Manager be directed to seek an injunction, at the appropriate time, from the appropriate court, to prevent Columbus proceeding until appropriate alternatives have been explored. The motion was seconded by Mr. Amorose. The vote on the motion was as follows: Amorose, Chambers, Headlee, Maurer, Sutphen, and Thornton, yes; Lewis, no. r. l. Mrs. Maurer suggested that Mayor Lewis's recommendations be included in the motion. Mayor Lewis mentioned that Mr~ Chambers stated that he agreed with the recommendations and it was not necessary to include them in the motion. Mr. Chambers moved, Mr. Thornton seconded the motion that a committee be formed consisting of three Councilmembers and three citizens of Ward 1 to meet every third day for the next two weeks with appropriate Village officials as to what progress has been made, and call a special meeting of Council at any time they think not enough progress has been made. The vote was as follows: Amorose, Chambers, Sutphen, and Thornton, yes; Headlee, Lewis, and Maurer, no. Regarding the first motion, Mrs. Headlee wondered how many residents would be willing to vote for the force main (because it is coming) and have their property assessed from $3,000 to $15,000 to $20,000. The residents indicated that this was not their understanding; they don't want it at all. As regards the second motion, Mrs. Maurer felt that the formation of this committee would be usurping the Village staff's responsibility and creating a great deal of additional work. RECORD OF PROCEEDINGS 103 Minutes of Meeting .~ National Graphics Corp., Cols., O. Form No, 1097 ~ Held November 21~ 1983 19 Page Four ~ ~ '- Mayor Lewis appointed the following to the committee: Councilmembers: Amorose, Maurer, and Thornton Citizens from Ward 1: Mr. Wolfrom, Mr. Parkhill, Mrs. Painter Mr. Wolfrom was appointed interim chairman until the committee appoints its own. Mr. Sheldon is to assist in coordinating the committee's work. Mayor Lewis called for a 10 minute recess at 9:25 P.M., and the Council reconvened at 9:38 P.M. Sign Request Mr. Chambers moved, and Mr. Amorose seconded the motion to disapprove the Grant Hospital sign request. The motion passed unanimously. '- Waterford Village - Reserve "A" Mr. Bowman, Village Planner, explained the request from Multicon Communities regarding the disposition of Reserve "A" wi thin Waterford Village.... The developers originally propDsed building a street on the area. Because of opposition by residents, the Planning Commission requested they dedicate a reserve with no stated purpose. Mr. Bowman felt that Council should determine whether or not a road is still necessary. If such a road is still a consideration, then perhaps the Village should consider the removal of the setback lines. Three options were outlined by Mr~ Bowman in a memo... Mr. Bowman recommended a public hearing before a decision is made. Mr., Thornton stated that the Fire Department would be adamantly opposed because there would never be an access road through that area. He recommended that the Village keep it. Mr.. Thornton requested Mr.. Warner to present estimated costs for construction of a 6' wide bikepath seeded ($1,500); sodded ($3,500) Those costs do not include landscaping or traffic control devices. Mrs. Maurer felt that if an access road would be needed in the future, why not consider it now. After considerable discussion it was decided to take no action. Mr. Bowman was instructed to report to the developer the essence of the above discussion. ".. ! Capital Improvements Mayor Lewis noted that the objective this evening with regard to Capital Improvements was to determine those items not to be kept on the list in the 5 year period coming up. Mrs. Maurer suggested a public hearing to get input from the citizens and that the Council defer any decisions until that time (some time before the December 5th meeting). Because of the time involved, and due to the lateness of the hour, it was recommended that Council members present, in writing, those items they want deleted. Mayor Lewis felt that Council should wait for public input until after Council members delete those items which are to be deleted, and then work with the Village Staff to plan a one year, two year, three year, four year, five year program. Mayor Lewis requested the feelings of the Council - whether they were in favor of a public meeting or submitting deletions in writing before the December 5 meeting_ It was agreed to submit deletions in writing. r L Council Roundtable Discussion Mrs. Headlee said that she had been recelvlng complaints from school bus drivers that in some construction areas the buses were unable to get through because of construction vehicles. Mr. Strutner said that "No Parking" signs will be posted on one side of the road in those areas. Mrs. Headlee moved, and Mr. Chambers seconded the motion, that we go forward with the recommendations of the Personnel Committee for the Police Department Awards Program. The motion passed unanimously. RECORD OF PROCEEDINGS B1 . Minutes of Meeting ~ National Graphics Corp., Cols., O. Form No. 1097 ~ Held November' 21, 1983 19 Page Fi ve ..""" \- Mr. Sutphen mentioned the dish satellite structure in front of the Cross Country Inn on Frantz Road. He felt that its presence was unsightly. Mr. Bowman remarked that the dish antenna, where it is located, was not on the site plan. The developer has been notified of this. Mr. Bowman has been treating dish antennae as accessory structures. under the zoning code. As an accessory structure, it is permitted behind the building line, which is now in a permitted location, except that the developer has not presented a site plan. However, as an accessory structure, when an accessory structure is located on a road such as Frantz Road, an arterial that does not permit driveways, the code requires 100% screen- ing (automatic). Mayor Lewis suggested we have something in our zoning code addressing ourselves to the problem, perhaps enlisting the assistance of Mr. Gunner. Mrs. Headlee suggested we address the problem now because the dish antenna will probably be a wave of the future in residential areas as well as commercial. Mrs. Maurer also asked whether or not we have an adequate number of building inspectors. Mr. Sheldon said that he felt the number was adequate at this ti me. Mrs. Maurer also mentioned that the Fire Department was concerned about the difficulty of finding house numbers. Mr. Thornton suggested that the newspapers might make note of the fact, and suggest to homeowners that they make their house numbers more visible. r t ....... The meeting was adjourned by Mayor Lewis at 10:18 P.M. Attest: ~ Y/j' ~<<~ Cl erk 0 f Council t' I ......