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HomeMy WebLinkAbout10/19/1981 RECORD OF PROCEEDINGS Minutes of VILLAGE OF DUBLIN - national graoo!$::S ,\Jeetillg National Graphics Corp., Cols., O. Fonn No. 1097 "'t~ Held October 19, 1981 19 The regular meeting of Council was called to order by Mayor Headlee at 7:30 P.M with the following members present: Chambers, Geese, Headlee, Lewis, Maurer (arrived 7:40 P.M.) and Shawano Mr. Mand was absent from the meeting. Also present were Mr. Sheldon, Village Manager, Mr. Smith, Law Director, Mr. Gunner, Assistant Law Director, and Mr. Wolfe, Village Engineer. Mr. Shawan moved approval of the October 5, 1981 minutes, seconded by Mr. Lewis and all those present voted in favor of the motion. Mr. Chambers questioned the property tax for the 53 acres on Avery Road and moved, seconded by Mr. Shawan, to omit this from the October 19th bill listing (attached) until Mr. Smith checks the tax exempt status of said real estate. Vote in favor of the motion and approval of the bill listing, as amended, was unanimous. The Clerk read a notice from the Ohio Department of Liquor Control in which Dublin Cardinal "Supermarket, DBA as Dublin Food Gallery, requested a permit of CI, C2, D6, be changed to Dublin Cardinal Supermarket, Inc., DBA Dublin Cardina Food Gallery. Mr. Chambers moved, seconded by Mr. Shawan, to not object to the request and all those present voted in favor of the motion. Ordinance No. 44-81 Said ordinance dealing with a proposed rezoning of Frantz and Pinney Roads was read for the third time. Mr. Lavinsky, representing the Enslow and Holdrieth Company, was present. Mr. Gunner explained to Council that at the October 6th meeting of the Planning and Zoning Commission it was recommended said rezoning be approved subject to the applicant agreeing to provide an additional 30 feet to the existing 50 foot right-of-way and agreeing that they be allowed only one curb cut with the possibility that that curb cut may be moved in the future. Mr. Gunner said the agreement will be attached to the rezoning application and become effective at the time the title is transferred to the new owner. Vote on the approval of the ordinance was as follows: 5 Yeas - Geese, Headlee, Lewi~, Shawan, Chambers; I abstention - Maurer. Ordinance No. 51-81 Said ordinance, dealing with amending the Zoning Code concerning procedures to determine uses, was introduced by Mr. Geese and read for the first time. Mr. Gunner explained that the purpose of the ordinance is to alleviate the problem of an applicant filing his application and then finding out there is no such category in the Zoning Code. Resolution No. 44-81 Said resolution, dealing with setting a Public Hearing date, December 7, 1981, at 7:30 P.M., for the proposed amendment of the Zoning Code, was introduced by Mrs. Maurer and read for the first time. Mr. Lewis moved, seconded by Mr. Shawan, to dispense with the three-time reading rule and vote on the motion and the resolution was unanimous for approval. Resolution No. 45-81 Said resolution, dealing with the endorsement for passage of a I 6/10 levy for the Franklin County Children Services, was introduced by Mayor Headlee and read the first time. Mr. Ed Sparks was present representing said Services. Mrs. Maurer moved, seconded by Mr. Shawan, to dispense with the three-time reading rule and pass as an emergency and vote on the motion and resolution was unani- mous for approval. Discussion of Billingsley Ditch - East of the River (8:00 - 8:50) Mr. Ron Jezerinac was present representing the residents whose property is be- ing affected by the increased water flow of Billingsley Ditch. He presented a sequence of photographs showing the water level at the time of a recent heavy rain fall and said the problem had increased in the last two years. A resident also showed several slides of the water on Bright Road. The main concern was Bill Listing - October 19, 1981 Bohm-NBBJ R.P.M. Maintenance Sears Heating Company Polar Water Co. Avery Road Lawnmower Bee Line Aligning Fifth Avenue Lumber Elder & Elder Truck Tire Armstrong & Okey New Albany Mill Central Ohio Welding B. F. Goodrich Bob's Sunoco Moody's Columbia Gas Wilt Auto Parts Roush Hardware C&SOE Franklin Co. Engineer Columbus City Prosecutors City of Columbus Harry L. Greene, Surveyor Key Blue Prints Hutchinson Oil Photographic Perspectives Bates & Rogers Leo Meyers 161 Company Car Wash Charles Headlee Sandy, Inc. Suburbia News The Dublin Forum Dublin Auto Parts Franklin Co. Sheriff Frank:tt1T Co. TreasuI'-el'------ Medusa Aggregates Banks-Baldwin Checkwriter Insurance Agency Riebel Equipment Co. Ohio Peace Officer's Training Midwest Chemical D & M Distributors Xerox Corporation Police Pension Fund Bobby Layman Hockaden Associates Full-time employees Part-time :employees Part-time employees TOTAL 983.78 400.00 98.50 1.80 2.95 60.70 197.60 289.84 31.50 55.50 14.40 316.40 157.73 102.45 21.52 429.58 99.40 2585.81 802.60 62.50 5259.87 600.00 37.44 2140.11 7.66 22,144.76 29.00 4.95 22.83 102.00 12.00 22.60 8.57 240.00 483.90 21.95 II. 00 96.40 106.28 90.00 169.53 61.44 56.13 6618.06 94.57 3796.00 16,645.97 352.50 203.50 $66,153.58 Consulting Fees Janitorial Services at Muni. Bldg. Repair furnace at 129 S. High Water cooler at Maintenance Bldg. Oil for backhoe Align 1975 Pickup truck Lumber for police property room and horseshoe pits at Coffman Park Replace tires on Car #13 Record hearing on Lamp vs. Village Drainage tile for ditch repairs Acetylene cylinders for Maint. Bldg. Tires for cruisers #10 & 13 Replace Muffler on 1975 Pickup Paper for copier Gas at 129 S. High St. Parts for cruisers and pickups; Misc. tools Miscellaneous tools and maint. supplies Electric service to maint. bldg.; traffic controls and street lights Street line marking; signs Prosecute Dublin cases (August fees) Columbus Sewer Capacity Rebates - 3rd quarter Services for O.C.L.C. Sewerline, Trails End Dr., & 161 tank site Two steel measuring tapes for engineers Fuel Oil for Maint. Bldg.; gasoline for vehicles Film & prints for police dept. Estimate #2 - Glick Rd. Bridge Raincover for new officer Cruiser wash Office Supplies Crushed stone for road repairs B.Z.A. Meeting notice B.Z.A. Meeting notice Misc. parts for cruiser Prisoner boarding fees for Sept. Property taxes on 53 acres-at fuLer.y.-RGad--(last hal f of 1980) Stone for raod repairs Update Building Code Maintenance agreement on checksigner Parts & oil for John Deere Backhoe Training seminars for two officers Janitorial supplies Bulbs for cruiser light bars Maintenance Agreement for copier Employer's portion - 3rd qtr. Repair brakes on cruiser #13 Spec. Details for Adria Waterline Employee gross salaries Recreation employees Park Maintenance employee . TO: DUBLIN VILLAGE COUNCIL FROM: SMITH & GUNNER, LAW DIRECTORS SUBJECT: BILLINGSLEY DITCH - INJUNCTION, ETC. DATE: OCTOBER 8, 1981 We have been asked to research and prepare a memo as to the various issues involved in the matter of the drainage of I I I I I , I I I II I I , Billingsley Ditch as it relates to the Olde Sawmill Subdivision and lower land owners within the Village of Dublin. First, it should be pointed out that any injunction action puts the burden of proof on the party seeking the action to show the cause - effect relationship necessary to entitle the party to an injunction. In the instant case part or all of the lower owner's flood problems are caused by various obstructions in the ditch channel where it passes private owner's property. The law of Ohio is that each owner upon whose property the obstruction exists has the obligation of removing the obstruction to keep the flow across his property free and clear. l8A.. ~ur. 2d Drain~~, Section 173. If the owner fails to maintain and remove obstructions, the work may be done by public authorities and cost thereof assessed against the property II 181\ O. .Jllr. 2d, Drain<.li'c, Scction 195. _______ :.J See owner". With this in mind it is clear that all potential causes of downstream flooding other than the Olde Sawmill development would have to be eliminated to make the right to injunctive relief clear and before the courts are going to grant injunctive, if at all. Secondly, there are certain requirements that parties seeking injunctive relief must meet before they are entitled t.,) d \ I 111 j \ I L' t J \ ) II : , ..;' Ii II I I I I II I' II I' i, 'I II 11 1. There must be damage or irreparable harm. An individ landowner who claims flooding or a group of landowners who are flooded may have the necessary damages to sustain an injunc A municipality which is not a landowner da~~~~d would not be able to:l'rosecute and obtain injunctive ~).~~~~for its citizen property owners if it did not sustain damage itself. ,. II Ii II !i PAGE TWO OF THREE 2. There must be no other adequate remedy at law such as the possibility of a lawsuit other than an injunction and appeal routes must have been exhausted. (i.e. from the original zoning and approval thereof by the City of Columbus, Mid Ohio Regional Planning, etc.). \ ( I II ii Ii I' 11 II Ii II Ii II I 3. There mus L alHo h<..~ 11 Hhow:Lnr~ () r II cl {'Ilf' f'i "/f! t I (J('~' J I ~ f or the likelihood that the PlainLi[[ wil.l prevail on the meritH of the lawsuit before the Court will even consider the granting of a temporary injunction. In the instant case, the facts preva 1 against the likelihood of success on the merits since the injunction would be attempting to prevent any construction or development on the site which would increase the runoff of surface waters into Billingsley Ditch. The Ohio Supreme Court, as we have demonstrated to Council in our memorandums in the Rog~V. Karrer case, now uses the balancing test: The Court and use hisl \ I property owner. Obviously, if the dmnages are not severe or if I i I I obstructions in the stream or even where the owners have built I in an obvious flood plain area the Court will deny the injunctioh I and claims for damages. It is our opinion that Council ought tol fully consider this and the above two points about the likelihoo~ I balances the right of the upstream owner to develop property against the severity of the damages to the downstream the downstream owners are contributing to their own damage by failing to clear obstructions in the stream or by building of success of any injuction action. In addition, the developers have complied, according to their engineering data, with Mid Ohio guidelines on adding to t e \vntcrsh0d prohlclll by installing smaller drains on the asphalt to allow runoff LO escape morc slowly. ThiH [actor would mil itlJ!l:c in their favor against injunctive action since they have been through the Columbus zoning process and have obtained necessary permits and approval. ~ , PAGE THREE OF THREE Additionally, the anticipated additional runoff is speculat've III at this point, the existing problem having allegedly been caused II i by the Olde Sawmill Subdivision which has been platted and I i approved for more than four (4) years. Courts do not look favorably upon parties who wait four (4) years after the fact tv do anything about it. The legal doctrine of laches way bar II I I II II I I recovery or injunctive relief. In summary, it is our legal position that: 1. The Village of Dublin is not a proper party to seek , I i 2. Both the facts and the law indicate against a favorabll result in any injunctive action which may be brought herein. injunctive relief in this matter. Stephen J. Smith Law Director ""--;> p" --:-- /~ ~" u_ / '--- ~.-. ~.,,~ )(~. ,~/ .,-.,.. . ~ -----"; . j ./ II ,I 1\ II Ii I I I i I I I I , I I ./ , PETITION As resident of Dublin residing east of the Scioto River and west of Sawmill Road, we are concerned about the increasing flooding problems in our area over the last several years. Although we realize this past spring was a period of excessive rainfall, it is obvious that the problem is a result of the water flowing from the east side of Sawmill Road. Even light rains have produced sudden flooding which has damaged property and created potentially hazardous conditions for the neighborhood children. Most of the year the creek beds in our neighborhood are dry, however, after a spring rain the water now forms a raging river which cannot possibly be handled by the creek and culverts in our neighborhood. We urge Village Council to: 1. Direct the Village Solicitor to file an injunction against further construction which increases the water flow to the west of Sawmill Road to our streams which are already beyond capacity. We believe an injunction is warranted because the increased volume of water in our streams will create an even greater hardship and cause abnormally dangerous condi- tions. We believe an injunction is necessary to minimize additional damage to our property from an already intolerable situation. 2. Agree to support and assist the residents of our neighborhood in any legal or administrative actions relating to the above described problem. 3. Agree to oppose the installation of an additional tile or larger tiles under Sawmill Road by the City of Columbus or Franklin County. We are aware of proposed plans to install another 54 inch tile under Sawmill Road and this will only further compound our problems. It is our position that the City of Columbus and developers east of Sawmill Road should be providing for their own retention of water or be providing adequate storm sewers which do not drain into our streams which are already beyond their natural capacity as a result of previous recent construction immediately west of Sawmill Road. (" . J - -:t 4' :j i-, ( ~)" ~r Pae:e 1 of Two .. ~',.. '- -l.,. I /l.~../~.(:....)// . !// , C.> . -;.. ''''."'-'''~t'.-~--.::'t'..L..c_ ~ 7/ 07) ,f!:J/t-?~.k. (!ll' flU ;. ( Z//~ . Pr Pae:e 2 of Two !if/ 1 PETITION As resident of Dublin residing east of the Scioto River and west of Sawmill Road, we are concerned about the increasing flooding problems in our area over the last several years. Although we realize this past spring was a period of excessive rainfall, it is obvious that the problem is a result of the water flowing from the east side of Sawmill Road. Even light rains have produced sudden flooding which has damaged property and created potentially hazardous conditions for the neighborhood children. Most of the year the creek beds in our neighborhood are dry, however, after a spring rain the water now forms a raging river which cannot possibly be handled by the creek and culverts in our neighborhood. We urge Village Council to: 1. Direct the Village Solicitor to file an injunction against further construction which increases the water flow to the west of Sawmill Road to our streams which are already beyond capacity. We bel ieve an injunction is warranted because the increased volume of water in our streams will create an even greater hardship and cause abnormally dangerous condi- tions. We believe an injunction is necessary to minimize additional damage to our property from an already intolerable situation. 2. Agree to support and assist the residents of our neighborhood in any legal or administrative actions relating to the above described problem. 3. Agree to oppose the installation of an additional tile or larger tiles under Sa~mill Road by the City of Columbus or Franklin County. We are aware of proposed pI ans to inst all another 54 inch tile under Sawmi 11 Road and this will only further compound our problems. It is our position that the City of Columbus and developers 88St of Sawmill Road should be providing for their own retention of water or be providing adequate storm sewers which do not drain into our streams which are already beyond their natural capacity as a result of previous recent construction immediately wes;; of Sawmill Road. ~~7{ ~1",1 / 1 ) 1 ? ~(~~~c ;)~-: lh-&t {, ,{~. (, / ! ~ T . - lJ . ? :] 7 / -.5~vINh;'J!I tCJ: /lJj.:.. (JA~ '( J 0 I ? ~:;~O ~ td ~ {} 1-30/7 .) 14~?{)17 t;.d 3', /2 MUJ}-tL~u / rf), 4-:.3(J /7 'r(': -I' ~ .', . '7 c '-- ~ ._(,~C H_ P-.JI~l.J~ 0 i-scu . 6 //:7 //7 , , ,/ :> C' (r '/J il,,- 7 / 1\ /--r,.,) 1>/ // )zr;, ?q (/, ~. ~. d...-.I....' fJO \ ); '\ ..' / i1 ,./ . V" ;/' / L--( /7..,-1.. { ~ J;'-' /11,(, / v i ..r, "~ .. o --'- .. 1 \ --1 ~. . . -~~":f--' -. ~ - .." -'. - . ~ . ~ 4 ~ - _~...-:-______~_____~____~~_. .-- ,---.--- - -'"'T PETITION As resident of Dublin residing east of the Scioto River and west of Sawmill Road, we are concerned about the incre~sing flooding problems in our area over the last several years. Although we realize this past spring was a period of excessive rainfall, it is obvious that the problem is a result of the water flowing from the east side of Sawmill Road. Even light rains have produced sudden flooding which has damaged property and created potentially hazardous conditions for the neighborhood children. Most of the year the creek beds in our neighborhood are dry, however, after a spring rain the water now forms a raging river which cannot possibly be handled by the creek and culverts in our neighborhood. We urge Village Council to: 1. Direct the Village Solicitor to file an injunction against further construction which increases the water flow to the west of Sawmill Road to our streams which are already beyond capacity. We believe an injunction is warranted because the increased volume of water in our streams will create an even greater hardship and cause abnormally dangerous condi- tions. We believe an injunction is necessary to minimize additional damage to our property from an already intolerable situation. 2. Agree to support and assist the residents of our neighborhood in any legal or administrative actions relating to the above described problem. 3. Agree to oppose the installation of an additional tile or larger tiles under Sa~will Road by the City of Columbus or Franklin County. We are aware of proposed plans to install another 54 inch tile under Sa\\will Road and this will only further compound our problems. It is our position that the City of Columbus and developers east of Sawmill Road should be providing for their own retention of water or be providing adequate storm sewers which do not drain into our streams which are already beyond their natural capacity as a result of preViO\lS recent construction '~dediatelY west of Sa~will Road. t:4 ~Z;{ LJ/l, / f}~/_d/ B .. / J>~ (j\~ tJ~ ~~. ~U R~. ~~ ~~ ~ tv,< /'Zq",?CJ~ (/7~' --- QN ~I PI.J>>I~' OAln b M ~{)t c~~ - /(}L. ~X ~.\~ '7-/(,,3 ~vhP,9.~~ e-t (,~AT~=4- ~/"3 ~R&~Jt::~ ~.~-_._.-:!;.,-~:t~~_._,. 1: ~ -~----~~--~/..- 1fkZ~~ i!ctl5 t:::lli'if 40L~Ujl!p. ~_~__ ~ 39'0 ~[t/ ~d~ ~ r/f~~ ~~/! ~.,~ ~~.~ a~ 4~zl <,? .$ z,..1 rJ&&Z [,p;J;uJ ~ ~..3 CJ 6 E~pl ~JY~. /j:Z80 ,$<>c,., '[,1, / ... -----..,. " i " J<. -'- '. " ~ ,. . \---. j-F~- ~ . \ .I -,. ,J . 1 ~ : ----~.._,_.~.._._------ - --------,---- . . .