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HomeMy WebLinkAbout02/02/1987 RECORD OF PROCEEDINGS Minutes of Dublin Village Council Meeting ~~ICS Meeting National Graphics Corp., Cols., O. Form No. 1097 ~ Held February 2, 1987 19 The Dublin Village Council met at 7:30 P.M. on Monday, February 2, 1987. Mr. Thornton led the Pledge of Allegiance. Mayor Close welcomed Mr. Thornton back after Mr. Thornton's recent illness. Members of Council present were: Mr. Amorose, Mayor Close, Mr. Jankowski, Ms. Maurer, Mr. Rozanski, Mr. Sutphen, and Mr. Thornton. Mr. Smith, Law Director, was present as were Mr. Bowman, Ms. Clarke, Mr. Harding, Mr. Johnson, Ms. Jordan, Mr. Olausen, Mr. Price, and Mr. Zombek. Mr. Sheldon was absent. Mr. Amorose moved to approve the minutes of the January 19, 1987 meeting of Council. Mr. Rozanski seconded the motion. The vote was 6-0 in favor, with Mr. Thornton abstaining. Mr. Amorose moved to approve payment of the bills. Mr. Sutphen seconded the motion. The vote was unanimous in favor. Mayor Close announced that Council would convene to Executive Session for the purpose of discussing a personnel and legal problem. Mayor Close reconvened the regular meeting of Council at 8:02 P.M. Mayor Close had the following comments: 1. Two weeks ago there was extensive discussion in the Council Chambers regarding the water tower on Summitview Road near the intersection of Sawmill Road. 2. At the conclusion of that meeting, an investigation was begun that has lasted approximately two weeks with Mayor Close, Mr. Amorose, Mr. Smith, and Mr. Sheldon spending a considerable amount of time. 3. The investigation as conducted indicated that the application had been made by Columbus for a permit to build a water tower in an area that, in a legal opinion issued by the Law Director, was in fact an appropriately zoned area. 4. City services can go into an R-1 zoning area. 5. The problem in this particular case was that administratively the Village of Dublin was not sensitive to the delicacy of the location and did fail to give adequate notice to both the Village Council and the Planning and Zoning Commission regarding the status of the application for a building permit. 6. Notwithstanding the concern of Council regarding the way in which the matter was handled, Council has been legally advised that at this point, given the original appropriateness of the zoning in particular, subsequently the contracts being let by the City of Columbus pursuant to that application, that at this time a stop work order could not legally be put on that project by the Village. 7. At this time Council is reviewing the procedures that were in place that allowed this situation to occur. 8. The biggest part of the problem was an insensitivity to what was occurring, not necessarily illegalities or misconduct as relating to procedure. Mayor Close breifly explained the Rules of Council as they pertain to Public Hearings. Ordinance No. 76-86 - Rezone 103.5 Acares, North of Post Road Between Coffman Road and Avery Road. Registered proponents were: Mr. Timothy Kelley, and Mr. Christopher Cline. Registered opponents were: Dr. James Stoycheff, Mrs. Diane Nicholls, and Mr. Ralph Halloran. RECORD OF PROCEEDINGS At inutes of Dublin Village Council Meeting ~J5!rbs Meeting National Graphics Corp., Cols., O. Form No. 1097 ~ Held February 2, 1987 19 Page Two Mr. Bowman gave some background information as well as showing some slides of the site: 1. The subject site is a 95.5 acre site. 2. It is located on the north side of the South Fork of Indian Run Stream 3. It is north of Post Road, approximately midway between Coffman and Avery Roads. 4. It is immediately east of the Indian Run Meadow PUD and immediately west of the Hemingway West Subdivision. Mr. Amorose referred to page five of the minutes of the Planning and Zoning Commission meeting of January 6, 1987, and the text of the ordinance; regarding whether Tara Hill Drive or Old Sells Mill Drive would be completed first. Mr. Bowman said that they had discussed with the applicant that Sells Mill Drive, in that it goes by the school as well as being able to collect the traffic that will be developing to the north, should be completed first Mr. Kelley said that Sells Mill Drive will be the first to be built. Mr. Bowman had additional information as follows: 5. The applicant is proposing 238 single family lots; the gross density of the site will be 2.3 dwelling units per acre. 6. The lots, at least in the southern portion of the tract, are a little bit smaller (more in line with the Indian Run Meadow type development) while the lots on the north side will be larger and consistent with those in the Hearlington and Hemingway West subdivisions. 7. The applicant has added the prohibition, similar to that of Indian Run Meadow, with no fences and no build zones in the smaller lots. 8. The total park land dedication is over 16 acres. It meets the existing requirement, as well as the new one that Council has passed. That has been added to the 12~ acres located in the wooded portion; tried to preserve as much of the woods as they can and add that on the existing school site and park site that is being devloped in Indian Run Meadow. 9. Streets have been set up to protect the wooded areas; all the hedge- rows and existing vegetation should remain on site. 10. The new ordinance calls for 103.5 acres (not 95.5 acres). Some park land tradeoffs have been made. Originally there was to be a four acre park in Hemingway West. That has been moved. In working with the Parks and Recreation Committee as well as the applicant, the woods have been identified as being a high preservation priority. Some tradeoffs were made to move the park land to the wooded sites, thus increasing the amount of acreage in for rezoning. 11. With regard to engineering review, the Planning and Zoning Commission has been assured that the position of the Planning Staff will be that all storm water retention will be in compliance with the storm water regulations. Those regulations are also being reviewed with specific regard to past performances in the already approved sub- divisions of Indian Run Meadows, as well as Hemingway and Hemingway West. Mr. Bowman said that Mr. Olausen said that it would take him approxi- mately two weeks to evaluate the storm water situation and well as to complete the engineering reviews. 12. The Planning Commission recommended approval of the rezoning with the following conditions: A. Incorporation of the timetable for the completion of Sells Mill Drive into the text, as well as Tara Hill Drive development to the south. B. Commitment to work with staff on defining a no build zone, establishing a standard for the lots on the north side of Sells Mill Drive, and providing adequate park access at the Final Development stage. RECORD OF PROCEEDINGS Minutes of Dublin Village Council Meeting national graQO..ICS Meeting National Graphics Corp., Cols., O. Form No. 1097 ~ Held February 2, 1987 19 Page Three C. Adequate handling of storm water and provlslon of other services to the satisfaction of the Village Engineer, and also that the storm drainage conform to the Village's storm water ordinance. D. That all park land that is disturbed, due to any construction, any activity of the developer or any builder, be fine graded and seeded with a blend of improved Kentucky Blue Grass (to include the two lots that are the windows to the park - the lot to the south park; the lot to the north park). E. The developer construct a 8' wide bikeway for the entire length of the south park, similar to the bikeway that will be constructe in Indian Run Meadow. Mr. Kelley said that they had spent considerable time working with staff, specifically with the Parks and Recreation Department. Originally, the plan had lots through the woods, but over time those same trees were identified as a valuable resource for the Village so the trees were made a part of the park, said park to be connected onto the school site to the west. He said also that the connector streets will be bringing the traffic from the east to the west to Muirfield and down to route 33. Mr. Kelley said that there will be a bike path north of Sells Mill Drive that will be separate from the road right-of-way and will provide access for children on bicycles to the school He said that there will also be a bike path to the park to the south which will connect up to either side to the planned and existing parks in the south, just north of Post Road. Because there is common ownership Mr. Kelley said that they were able to the actual ravine, rather than an artificial property line, which will provid~ the northern boundary for the project. He also said that they were able to make some logical connections into Earlington IV that otherwise could not have been made. Mr. Amorose mentioned a concern that had been expressed at the Planning and Zoning Commission about the number of windows that would be available to the park; expressing a concern that as one would drive through the neighborhood, one would see any green space. He said that there have been no improvements on the drawing since the Planning and Zoning Commissio meeting; no lots have been eliminated; no streets have been realigned to afford an opportunity to view the green space. He noted that a 70' and an 80' lot comprise the exposurp to the parks. Mr. Kelley mentioned that fact that the park to the north, where the trees are, is attached to the school and that there will be a parking lot from Sells Mill Drive attached to the school, inviting the public to use that park, and that it will also provide a view from some of Sells Mill Drive through the school area into the woods. He noted that a view to the park at the south will have a view from Post Road. Mr. Amorose expressed a concern that here again we have parks in the back yards of homes, with very little, if any, off street parking. He said that to him that is not green space and it is not a usable park; that there is no parking, no way to get to the park. Dr. James Stoycheff, a resident, had the following comments: 1. Expressed a concern regarding the fact that the park land is hidden behind houses. 2. Dublin is turning out to be not as beautiful as it used to be, with cluster homes and no"park land visible. 3. A park ~uch as Monterey Park in Waterford Village is much more the type of park that Dublin needs. RECORD OF PROCEEDINGS Minutes of Dublin Village Council Meeting ~~ICS Meeting National Graphics Corp., Cols., O. Form No. 1097 ~ 1I eld February 2, 1987 19 Page Four 4. The sewer situation and the fact that sewage is running into the Scioto River. He noted that the Village was informed at the sewer meeting regarding the West Branch Sewer that financing will be required from the Village of Dublin some time between January 1, 1987 and January 1, 1988. Mayor Close asked Dr. Stoycheff to speak to the rezoning. 5. The sewer is to be completed in 1990. If this rezoning is to add more sewage and is to heighten the problem with the sewer, that that fact should be considered before approving this rezoning (this up- zoning) . 6. There is already a traffic problem on Coffman Road, and the 500 cars that will be added to the area with the rezoning will further perpetuate the problem. People will not necessarily go out Tara Hill to Muirfield Drive (Boulevard). They will still be using Coffman Road. Proposed solution - Dublin build a road, extend Tara HIll, and extend the road to the school. 7. Citizens are "fed up" with growth. 8. "A vote for this project is a vote against the schools." Mrs. Diane Nicholls had the following comments: 1. Citizens for Better Planning are opposed to this project for several reasons: A. The water situation in this quadrant of Dublin. Until such time as the water tower is built and put on line, apply a contingency to this rezoning that no hookups to waterlins be permitted until after the water tower is completed, on line, and working. B. Nothing has happened as regards the bike paths that were supposed to go down Coffman Road. C. The traffic problem - not confinced that the east/west connectors are going to take traffic away from Coffman Road. They will probably send traffic toward Coffman Road. Mr. Christopher Cline said that the Post Road Residents Association has not adopted a specific position as regards this proposed development, since it only affects three residents (Cline, Halloran, and Kinman). Mr. Cline said that the developer has been very open and communicative with the residents; the bike path being developed is fine. The only serious reservation the three residents have is the drainage situation, but said that he is confident that it can be resolved. Mr. Ralph Halloran, a resident of Post Road with property abutting this development, said that he would like members of Council to remember one thing - that Council should look at the various properties as a whole and not zone each one as being an entity unto itself. Mr. Halloran went on to discuss the drainage situation in the area. The 150 acres right now is on temporary drainage into the pond through a 42" tile which is flooding the retention/detention lake. It is now passing through the lake through a 36" tile going into the South Fork of Indian Run and is now filling up the stream. Mr. Halloran further said that he would like to go on record right now, saying that the storm sewer has to go through the Orr property to connect from Indian Run to Hemingway Village. Mr. Halloran further reminded Council that the Village has 8,000 acres to the west, and that Council must consider those 8,000 acres to provide sufficient retention ponds. He said that it takes approximately a 31 acre lake, 10 feet deep, to collect f~om that 8,000 acres. RECORD OF PROCEEDINGS Minutes of Dublin Village COJncil Meeting ~ICS AIeetillg National Graphics Corp., Cols., O. Form No. 1097 ~ Held February 2, 1987 19 Page Five He said that the EPA and the Village ordinance says that storm water cannot drain into a stream any faster than it originally drained (the rate). He wanted to remind Council that the lake "right here" is draining into a 36" tile, which is "something like" 500 times bigger than the 4" tile that was originally there. Mayor Close said that the ordinance will be held over for a third reading at the first meeting in March (March 2, 1987). Ordinance No. 11-87 - Accept Proposal for Engineering Services for an Elevated Water Tank in Avery Park. Public Hearing. There were no registered proponents or opponents. Mr. Dan Boothe, Jr. was present to give background information and answer questions. Ms. Janet Jordan said that in working with Xr. Boothe they discussed what could be done with the water tower. She said that they were proposing a type of park maintenance facility to be placed in the bottom of the water tower for storage of trucks, tractors, etc. as well as providing some office space, shop space for indoor work space during the winter, etc. It was noted that the site is in the northeast corner of the park. Ms. Jordan and Mr. Boothe agreed that site #2 would be preferable; that it comes off of the parking lot and disrupts the site the least. They also said that with mounding and landscaping they would attempt to "hide the water tower as much as one possibly can". Mr. Sutphen said that Mrs. Catherin Headlee had asked that some small, or medium sized oak trees, be planted in front of the tower. Mr. Boothe said that he had agreed with the Parks and Recreation Department to bring to Council their suggestions regarding the tank - that whatever Council would direct him to do, he would do. He noted that many of the items that the Parks and Recreation Department were asking for presented no problem - removing the fencing, mounding of the excess soils from foundations, such things being easily done within the budget proposed. He did say that the Parks and Recreation Department had asked him about putting in a second floor; he noted that the request should be considered at this time since it would extend the design period. Mr. Boothe said that it would cost about $50/square foot for the second floor. It was noted that there would be about 4500 square feet of usable space on the bottom level. Mr. Boothe said that for $40,000 to $60,000 the Village could raise the condensation ceiling on the inside so~that a second floor could be put in later. He noted that if offices were put on the second level, rest rooms would have to be provided and as a result a septic system would have to be installed. Ms. Jordan said that they need office space for those who work in the Parks Maintenance Department. Mr. Boothe said that adding office space and a rest room on the first floor would be covered~by the contingency allocation in his budget. He did say that he would need to know how much of the area should be heated. Ms. Jordan said that she did think that the office area would need to be heated, and that in addition that work space area should be heated enough so that someone could work in the area (something similar to what is in the maintenance garage area). Mr. Boothe said that he would be talking further with Ms. Jordan. RECORD OF PROCEEDINGS At inutes of Dublin Village Council Meeting ~~ICS Meeting National Graphics Corp., Cols., O. Form No. 1097 ~ Held February 2, 1987 19 Page Six Mayor Close said to Mr. Rakestraw that he understood that there had been some discussions with Muirfield regarding the possibility of their using this tower as a substitute for their ultimate responsibility. Mr. Rakestraw said that they had been having meetings; discussing the possibility of taking the liability that Muirfield has to the tower behind Deer Run School, and putting that liability in this tower as a portion of the cost of the tower. He said that they have not really assessed their portion of the cost, have not seen the study, and would like to see some more specific information before making a commitment. Ms. Maurer moved to do away with the three time reading rule and treat as an emergency. Mr. Sutphen seconded the motion. The vote was unanimous in favor of the motion. The vote on the ordinance was 7-0 in favor. Ordinance No. 04-87 - Amend Section 1105.07 of the Codified Ordinances. Third Reading. Mr. Amorose moved to table the ordinance. Mr. Sutphen seconded the motion. The vote was 7-0 in favor of tabling. Ordinance No. 07-87 Second Reading. There will be a third reading of the ordinance at the February 16, 1987 meeting of Dublin Village Council. Appointments to Various Boards and Commissions. Ordinance No. 09-87 - Amend Chapter 1189 of Zoning Code for Theatre Sign. Second Reading. Ms. Maurer moved to do away with the three time reading rule and treat as an emergency. Mr. Amorose seconded the motion. The vote on the motion was unanimous in favor. The vote on the ordinance was 7-0 in favor. Ordinance No. 10-87 - Amend Ordinance No. 66-80 - Authority of Inspectors Regarding Inspections. Second Reading. Mr. Dave Price said that the purpose of the ordinance was to amend a previous ordinance to apply to commercial inspections what had previously applied only to residential inspections. Mr. Rozanski moved to do away with the three time reading rule and treat as an emergency. Mr. Amorose seconded the motion. The vote was 7-0 in favor. The vote on the ordinance was unanimous in favor. Ordinance No. 12-87 - Proposal for Design Services - Municipal Building Remodeling. Second Reading. Mr. Amorose moved to do away with the three time reading rule and treat as an emergency. Mr. Jankowski seconded the motion. The vote was 7-0 in favor. The vote on the ordinance was unanimous in favor. RECORD OF PROCEEDINGS Minutes of Dublin Village Council Meeting national 9rag{LlCS Meeting National Graphics Corp., Cols., O. Form No. 1097 ~ H clel February 2, 1987 19 Page Seven Ordinance No. 14-87 - Request for Variance of Section 1185.06 of Zoning Code. Second Reading. Mr. Smith said that he had the same request that he had made at the last Council meeting; that because of the litigation and the Court of Appeals decision that Council pass the ordinance and pass it as an emergency. Mr. Jankowski moved to do away with the three time reading rule and treat as an emergency. Ms. Maurer seconded the motion. The vote was 7-0 in favor of the motion. The vote on the ordinance was unanimous in favor. Ordinance No. 15-87 - Adopt, in Principle, Proposed 1987 Capital Improve- ments. First Reading. Mr. Jankowski introduced the ordinance. Mayor Close scheduled a public hearing on the ordinance for the February 16, 1987 meeting of Council. Ms. Maurer requested that all department heads be present at the meeting. Ordinance No. 16-87 - Amend Ordinance No. 52-81 - Compensation Plan. First Reading. Mr. Rozanski introduced the ordinance. Mr. Harding said that Mr. Sheldon had intended to make the salary incredse retroactive to January 1, 1987 to be consistent with other employees. Mayor Close said that he would prefer to discuss the matter with Ms. Jordan before passing the ordinance and that the ordinance would be held over for a second reading on February 16, 1987. Ordinance No. 17-87 - Proposal to put Income Tax Increase on Ballot. First Reading. Mr. Jankowski introduced the ordinance. Mrs. Nicholls asked about the possibility of dividing the issues; making the West Branch Sewer a separate issue. Mr. Jankowski commented that the Village cannot undertake debt, long- term financing, without voter approval. Dr. Stoycheff said that he had contacted some members of Council regarding the possibility of levying a ~% increase for the Dublin schools; in other words, have the people vote for a ~% increase to have a school building built from tax monies; the money to remain with the Village; the ownership of the schools to remain with the Village and possibly be leased to the schools. Mr. Jankowski said that he felt that the concept was illegal, and he also said that he had not been approached by anyone from the School Board requesting that the Village consider such a proposal. Mr. Jankowski also said that when contacted, Council would be glad to study the issue and respond. Mr. Amorose said that he felt that the Village needs to look into some surcharges on water and sewer (the possibility of same) to fund some of the improvements on the water and sewerlines. Mr. Jankowski said that the reason the ordinance was on the agenda was that in order for the Village to get the issue on the May ballot that they would have to act this evening or, at the very latest, at the February 16th meeting. He said that the feeling that he was receiving RECORD OF PROCEEDINGS Minutes of Dublin Village Council Meeting ~~b Meeting National Graphics Corp., Cols., O. Form No. 1097 ~ 11 eld February 2, . 1987 19 Page Eight was that Council was not yet ready to proceed for the May ballot and that perhaps Council should be considering a special election. In that case, he said, Council should be examining the possibility of alternate financing methods. Ms. Maurer commented that the ordinance tha~ Dr. Stoycheff referred to as the school/land ordinance specifically says that the land does not have to be used for schools, that it permits the Village to allow the land to be used for schools. Ms. Maurer also said that the EPA is requiring cities, such as Columbus, to bring their plants into small towns that do not have same, and to bring them "up to line", as Columbus plans to do by July 1, 1988. She noted that Columbus has made the commitment to rehabilitate and to add on to the plant downtown to cover the whole sewage area. Dublin's responsibility is to provide a distribution system to that plant. She pointed out that Dublin does not have a surcharge on sewer, but that there is a surcharge on water. A resident, Mr. Knorr, asked what percentage of the monies was being allocated for the West Branch Sewer project. Mr. Jankowski said that all of the projects were "lumped together" and the amount of money required to fund all the projects was listed. The cost of the West Branch SeV.1er was "gestimated" to be approximately 13 million dollars. Ms. Maurer commented on a position held by Fritz Stocker, an economist, who strongly advises against attaching a portion of the income tax to capital improvementsl Ordinance No. 17-87 will be held over for a second reading and public hearing on February 16, 1987. Ordinance No. 18-87 - Accept a Quotation from Engineering Firm Regarding Sources of Inflow and Infiltration in Sewage System. First Reading. Mr. Rozanski introduced the ordinance. Mr. Jim Olausen, acting Village Engineer, was present at the meeting to introduce Mr. Rex Katterheinrich of Floyd Browne and Associates. Mr. Katterheinrich said that they had completed the initial inflow and infiltration text; that smoke testing was basically the process that was used. He said that initially there were some feelings by some members of Council and possibly the Village Engineer (B. Warner) that there were possibly some storm inlets in parking lots, possibly some large commercial buildings that had downspouts, etc. tied into the sanitary. He said that they did choose certain areas that were suspicious, choosing specific sewerlines to smoke test. The report indicates which lines were tested; they did not find large sources. They were looking only for sources of inflow. He also mentioned that this time of year is not particularly good for smoke testing in the hope of finding sources of infiltration. He said that they did not find those great sources of inflow. They have proposed to perform a certain amount of flow monitoring in isolated areas, and that it will help them to pinpoint the areas of conceru. Mr. Katterheinrich said that he was confident that they would have much better results in being able to locate those sources of inflow/infiltration. Mr. Katterheinrich said that this time of year is not the opportune time to perform smoke testing when one is looking for infiltration. The infiltration would be in areas where the sanitary sewer mains possibly are fracture, joints are faulty. He noted that the drier the ground, the better the results. Mr. Katterheinrich said that in order to get good results for infiltration that the smoke testing should probably not be done before late spring or early summer. RECORD OF PROCEEDINGS Minutes of Dublin Village Council Meeting ~ Ateeting National Graphics Corp., Cols., O. Form No. 1097 ~ Held February 2, 1987 19 Page Nine Ms. Maurer referred to the report done by Floyd Browne and Associates and the six recommendations, referring specifically to the first two - the first one being requiring all identified residents to remove their downspout connections, and requiring all residents with identified yard leaks or faulty or boken cleanouts to repair them. She asked if the Village needs legislation beyond what is "on the books" to require this. Her second question was to Council - are we going to need more inspectors to provide rigorous inspection during construction for all storm drains and sanitary sewers. The above questions were not answered directly. Mr. Katterheinrich said that findings on this particular study pointed out that certain problems probably came after the initial construction phase, possibly when the contractors came back in to do final grade work, etc. causing damage to lid castings on manholes. He said that in areas where blasting is required, that possibly these are sites of infiltration due to fractures in the sewer main itself. Mr. Katterheinrich said that they did not locate sources of infiltration. He said that their intent in the new effort would be to do the flow monitoring during the spring rains (March, April). Mr. Rozanski said that it was interesting to note that about 12~ of the manholes were discovered to have leaks. Mr. Katterheinrich said that most manholes, unless they are a sealed-type manhole, have at least vent holes in the top. If those sanitary manholes are actually submerged they act as a storm inlet. During a rainfall event they can allow a large volume of water to enter. Responding to a question, Mr. Katterheinrich said that visually inspecting all manholes is not included in this proposal; that is probably getting more in line with a full sanitary sewer evaluation survey. He said that he would not suggest against that idea. Mr. Rozanski said that some items that have been found in the system, he believes, could only get there through open manholes. Mr. Rozanski moved to do away with the three time reading rule and treat as an emergency. Mr. Sutphen seconded the motion. Mr. Katterheinrich said that the report will point out that the average daily flow during the monitoring period at the lift station ranged from approximately 1~ million to 3 million. Mr. Olausen said that the vast majority of the material coming through the sanitary system is storm water. He also said that he wanted to point out that the problem is not solved at this point and that this will take a long time to reduce the infiltration inflow by a significant level. The next step should guarantee that the Village has identified which areas are bringing the chief inflow into the system, but that the Village may not be able to identify enough inflow with the next contract in order to significantly solve the problem on a short term basis. Mr. Katterheinrich, responding to a question from a resident, said that the existing system, the three pumps that are currently in operation, pump in the neighborhood of 3.7 million gallons per day. The excess of the inflow/infiltration flows up to 5 million gallons, gives one an idea of the volume of water that is bypassing or overflowing into the river. At the lift station the average daily flow was considerably less than the capacity of the lift station. However, a rainfall event drastically increases the flow coming into the lift station; thus causing the overflow event. RECORD OF PROCEEDINGS Minutes of Dublin Village Council Meeting ~ Ateetillg National Graphics Corp., Cols., O. Form No. 1097 ~ II eld FebruarYu2~ 1987 19 Page Ten Mrs. Nicholls mentioned a terrible odor in wondered if this odor could be caused by a station. Members of Company on the air, at times, and malfunction at the lift ! Council said that that odor emanates from the Inland Products Frank Road. The vote on doing away with the three time reading rule and treating as an emergency was unanimous in favor. The vote on the underlying ordinance wa~ unanimous in favor. Ordinance No. 19-87 - Accept a Quotation from Engineering Firm to Design Pumping Capacity Changes, etc. for Main Dublin Pump Station. First Reading. Mr. Sutphen introduced the ordinance. Mr. Olausen said that basically the capacity of the existing pump station is not adequate to carry the effluent across the river. The sewers on both sides of the river have a large enough capacity but the pump station does not. There are two ways that it might be addressed - one is to remove the inflow that comes into the system so that the pump stction can handle the effluent. The problem is that that is a very slow process. It is incremental, so one is looking at a long term solution in that manner. In the meantime, during any rains, this pump station will over- flow unless the pump station capacity is increased so this ordinance would provide the engineering co design a pump station that would handle the capacity that is currently flowing and has a margin for growth in capacity to handle the effluent and overflow during the near term (3 to 5 years). Mr. Sutphen asked if any of the existing facilities can be used or incorporated, etc. Mr. Katterheinrich said that it appears that the existing facilities can, not that they must be used, but there is probably an alternative available that those existing facilities can be used and incorporated into the pumping scheme with the new proposed pumps. He referred to a graph in the report and noted that the graph showed anticipated flows of approximately 10 million gallons per day at the lift station in 1990. He said that they would plan to design a facility that would pump that volume. Any effort that the Village takes towards removing inflow and infiltration would aid the lift station and reduce the load on the station itself. The existing facility would stay intact and be used on a daily basis. Mr. Katterheinrich said that plans would be completed early this spring such that construction would take place this summer. The lines across the river are force mains or pressure lines; their plan at this point in time is to utilize those existing force mains. They would also utilize the existing wet well. Their concept would be to use a pump that could be set on the existing wet well and would not really disturb the area down there too much at all. By using this type of design the pumps set above the wet well or above the ground will have to be protected from freezing (perhaps a small shelter). Currently the pumps are operating at approximately 1000 gallons per minute at 48' of head the additional flow would get them up to approximately 7000 gallons a minute against a head of 80'. The pumps would be sizably larger than what is there. RECORD OF PROCEEDINGS Minutes of Dublin Village Council Meeting ~ICS Meeting National Graphics Corp., Cols., O. Form No. 1097 ~ Held February 2, 1987 19 Page Eleven Ms. Maurer moved to do away with the three time reading rule and treat as an emergency. Mr. Sutphen seconded the motion. Mr. Katterheinrich said that their design effort is not only to take care of the sanitary waste problem but in fact to also take care of an inflow infiltration problem to eliminate those overflows. Mayor Close said that the Village needs it for the increase in sewage even if the Village cleans up the ilfiltration problem. He said that they are saying that the Village has 3~ million gallon pumping capacity at the present time, but without infiltration the Village is already "hitting" 3 million gallons on certain days as far as the sewage going through. The Village needs the additional capacity even if the Village corrects the infiltration problem. Mr. Olausen said that there are different amounts of effluent that go through the lines at different times; there are peaks, and there is a peak at about 3 million. He said that there will always be a certain amount of inflow/infiltration; that it cannot be eliminated completely. The vote was 7-0 on the motion to do away with the three time reading rule and treat as an emergency. The vote was unanimous in favor of the ordinance. Resolution No. 04-87 - Award of Depository for Village Accounts. First Reading. Ms. Maurer introduced the resolution. Ms. Maurer moved to do away with the three time reading rule and treat as an emergency. mr. Amorose seconded the motion. The vote was unanimous in favor of the motion. The vote on the ordinance was 7-0 in favor. Other Discussion of Three Way Stop at Coffman and Post Roads. Mr. Bowman said that in November and December a traffic engineer was hired to take counts and suggest some improvements to the intersection of Post and Coffman Roads. The counts that were taken met the warrant for a three way stop sign. It has to maintain at least 500 cars per hour every hour for an eight hour period. In looking at the situation, the consultant did suggest that possibly over the next two years that Dublin should keep on top of the situation because in some instances it almost met the signal warrant. The three way stop is being suggested as a temporary measure; the Village will continue to monitor it, and when a signal is warranted staff will suggest a signal at that time. Mayor Close suggested (particularly at peak traffic hours) making Coffman Road a continuous street and making Post Road a stop as one is heading west, eastbound, and a stop, except when making a right turn when heading westbound. Most of the traffic in that intersection is turning traffic. Mr. Bowman suggested perhaps having a policeman at the intersection at the peak hours. He also said that the change will be advertised in the paper and that since the corner is so dark that there will possibly be some type of flasing or at least warning sign that will warn of any changes. Mr. Johnson said that the warning signs are already made up and "ready to go". RECORD OF PROCEEDINGS Minutes of D"blin Village COYIlcilMf.l8ting ~ICS AJeeting National Graphics Corp., Cols., O. Form No. 1097 ~ Held February 2, 1987 19 Page Twelve Request for Approval of Amended Plat - Tuller Road. Mr. Bowman said that at the last meeting of the Planning and Zoning Commission, the Commission with very little discussion recommended approval of the plat. Mr. Amorose moved for approval. Mr. Sutphen seconded the motion. The vote was unanimous in favor of approval. Discussion Regarding Proposed Earlington School/Park Site Lease. Mr. Steve Smith said that he has not heard from members of Council, and therefore assumed that Council was in agreement with the proposed lease. Ms. Maurer said "no". She said that she had talked with two School Board members and said that they had some suggestions for modifying two clauses in the agreement - one being that in terms of closing a school that a radius in which, if htere is a school to be closed, that it be Earlington. The other one was a notice provision wherein the school can give the Village notice after they turn the empty school over to the Village, of three years, that they need to have the school back for the next "crop of baby boom children". Mr. Smith said that he will discuss the above with Mr. Rich. Mayor Close, responding to a question/comment from Mr. Geese, said that Council had agreed in principle many months ago that Council would look to at least cooperate with the schools as far as locating a site within the Earlington land. Mr. Geese asked Council why the site has not been turned over to the Village. Mr. Bowman said that staff has been talking to the developers; they are proceeding with the school's architect on the site as well as the park development. He said that he did not perceive any problems. Presentation by Dr. John Peterson Regarding 1992 Ameriflor Exhibition. Dr. Peterson had a audio/slide presentation regarding same. After the presentation Dr. Peterson had the following comments: 1. Looking at using approximately 250 acres of park land. 2. The outdoor exposition will run for about five or six months. 3. It will be the first event of its kind in the United States to get the Class A. ranking; it will be the first Class A exhibition ever in the Western Hemisphere. Comments from Staff Mr. Bowman mentioned that the invitations had been sent regarding the Master Plan Workshop to be held on February 21, 1987 beginning at 8:30 A.M. at the Dublin Middle School (1919 building). He said that notices and response cards would be published in the newspapers, and encouraged those who plan to attend to call the municipal building and indicate same. Mr. Bowman encouraged all interested citizens to attend. Comments from Citizens Mrs. Diane Nicholls referred to a three page document which had been submitted to members of Council this evening by the Citizens for Better Planning. She said that these are issues that they are going to put on as initiative measures on either the November ballot or that they would like to request that Council require a special election to coincide with the May primary so that that could go on the May primary ballot. Mayor Close said that he felt that there was a conflict with the issues and the ordinances and resolutions in the Dublin Village Charter. I RECORD OF PROCEEDINGS Minutes of Dublin Village Council Meeting ~b Meeting National Graphics Corp., Cols., O. Form No. 1097 ~ Held February.. 2, 1987 19 Page Thirteen Mayor Close also said that from a quick perusal of the document that they are asking for some of the things to happen that are directly in violation of the Village Charter. He also said that the West Branch Sewer project would have to be put on the ballot anyway, so that that would not be an issue. Mrs. Nicholls said that she would like for Council members to consider the issues, and that at the next Council meeting they would like some answer from Council as to whether they would be willing to call a special election - by law they cannot go on a primary ballot - they have to go on a general election or a special election ballot. Mrs. Nicholls said that they would be filing them with the Clerk and will be circulating petitions at which time they will expect to get the 10% of the voters who voted in the last gubenatorial election as signees. It was noted that if there is a special election, the Village must pay for it. Mrs. Susan McCabe, a resident of Dublin for 18 years, representing resident who feel that zoning has been overlooked, specifically with regard to the waterline had some comments. She said that she felt that Council was being insensitive to the concerns of taxpayers, and expressed a concern that if the water tower were to be constructed on Summitview Road that the construction of apartments would be encouraged rather than the construction of single family homes. Mayor Close said that the Village would not request an injunction because the legal opinion has is that the Village cannot win if the Village asks for the injunction. Ms. McCabe requested that Mr. Stephen Smith recite a portion of Code 1137, dealing with the height requirement. She expressed a concern regarding a situation in which it seems that the Village is "bowing" to the requirements of the City of Columbus and are not being sensitive to the needs and concerns of the residents of Dublin. Mayor Close said that the Dublin Village Council sets agenda and policy and then hires administrators to be involved in the day to day activities. Occasionally, he said, there is a breakdown - in this case there was a breakdown in which Council had no knowledge of the situation until it was over. Mayor Close said that he felt that members of Council cared about the problem and were sensitive to the needs and concerns of the citizens. He noted that there comes a point at which one has gathered all the information that one can, that information is shared, one asks for the best legal advice that one can based on that information you have gathered. At that point one can do one of two things -one can be as honest as one can with the people one is dealing with and say that administratively there was a breakdown. Legally there is nothing the Village can do about it at this point. Ms. McCabe asked why the issue was not put before the Planning and Zoning Commission. Mayor Close said that any public utility is properly placed in R-1 zoning. It does not have to go to the Planning and Zoning Commission. Mr. Smith said that it was his professional opinion that at the present time Dublin would be unsuccessful in attempting to seek injunctive relief in a court to stop the tower, for a number of reasons. The controlling factor is not just the height of the tower or the fact that it did not go through Planning and Zoning nor the manner in which the permit was issued, signed, or handed to somebody. The controlling law centers RECORD OF PROCEEDINGS M illules of Dublin Village Council Meeting ~ICS Meet illg National Graphics Corp., Cols., O. Form No. 1097 ~ II ele! February 2, 1987 19 Page Fourteen around the fact that it is a public utility, the Village has a contract with that public to provide utility services for the Village residents. He also said that there is what is called an estoppel doctrine, that the Village would be estopped from attempting to enjoin the action of an agent when the action of the Village's agent was not improper. Mr. Smith said that he had discussed the situation with private counsel, and that private counsel did not disagree with Mr. Smith as to Dublin's position. The fact that the height requirement was not approved by the Planning and Zoning Commission, Mr. Smith said, does not invalidate the project. He said that in his professional opinion it will not permit the Village to seek an injunction. Responding to a question from Ms. McCabe, Mayor Close said that the water tower, when complete, will serve the east side of the river in Dublin, and it will serve the west side of the river in Dublin when it hooks into the Summitview waterline that goes underneath the road. He noted that it will probably provide some pressure relief for the Sawmill Road area. Ms. McCabe said that she felt that there was a more appropriate site than the one that was chosen; perhaps the commercial area to the south would be better than the residential area in which it is being placed. Mayor Close said that he felt that Columbus's position was that it would sit in the middle of a farm area, not residential, next to a high tension wire. A resident of 3838 Summitview since 1972 asked at what point the Village of Dublin was estopped. Mr. Smith said, "I suppose when the contract was bid with the City of Columbus or when Bruce first approved it". Mrs. Boring had a question regarding the building permit. Mr. Amorose said that he had a copy of the building permit; he had called Bruce Warner the previous evening; Mr. Warner said that he had not issued a building permit; however, the building permit has his signature on it. It was noted that the building permit was undated, even though the procedure is that permits are to be dated. Mayor Close said that he had no explanation as to why this permit was not dated. II II I II II I I I I , The question regarding estoppel was asked again. Mayor Close said that the point that Columbus financially acted upon that permit and relied upon it as to its validity. Mr. Smith said, "when Columbus relied upon it". Mr. Amorose said that he felt that there were some unanswered questions and that he would like to see a more thorough examination of "tracing this piece of paper from the time of whoever filled it out originally; walk it right through all its steps and see exactly what happened". Mayor Close said that Mr. Warner signed the permit; the permit was issued; contracts were let in reliance on that; and the law that applies to that is relatively clear. Mr. Amorose said that he had talked with Bruce - "I asked Bruce if he had issued a building permit for the water tower. He said he did not issue that building permit. And I said, Bruce, I have a copy of the building permit here with your signature on it, and he said, well, I don't remember signing it, but I could have signed it". RECORD OF PROCEEDINGS Minutes of Dublin Village Council Meeting ~b Meeting National Graphics Corp., Cols., O. Form No. 1097 ~ Held February 2, 1987 19 Page Fifteen Mr. Willard Chambers, a resident, commented on the fact that the resulting insensitivity was not a singular happening; that there have been any number of cases in which Columbus has acted arbitrarily. He commented that he felt the residents were entitled, that every effort be made to secure an injunction, a good faith effort properly done. Mr. Chambers also said that he felt that the residents were entitled to be told what has been done or what is going to be done to prevent a repetition of this type of situation. He indicated that it should be a matter of procedures established by the highest officials. He noted that in any government organization with which he has been acquainted that the very first rule is that when you get a request from any jurisdiction other than your own it has to go to the top level of the city to be acted upon. Mayor Close said that measures would be taken in order that a similar situation would not occur again. Mr. Haydocy of Glencree asked if there would be any possibility that the tower could be moved. Mayor Close said that he would talk to Mayor Rinehart of the City of Columbus the following morning. Mr. Smith, in response to a question, said that in his oplnlon the worst case scenario would be if the Village of Dublin won an injunction, and the City of Columbus terminated the water contract, and as a result the Village of Dublin would be required to build their own water system. Mayor Close adjourned the meeting to executive session at 11:41 P.M. Mayor - Presiding Officer /7 AhvGWLt7J' li-~~ Clerk of Council . Bill Listing February 2, 1987 ADS Systems Attorney General Office Basic Distribution Matthew Bender RSN Corp. 'ntury Equipment ,lumbus City Auditor ...dvis Guns Delaware Co. Materials Jan Rozanski Domtar Industries ,.,ary Fr ies Geotechnical Consultants Goodale Auto Parts Goodyear Headlee Office Supplies Hocking Technical College Horne, King, Rauh JD Equipment Johnnies Union 76 Key Blue Prints Kroger Metro Sports Martina Metal Contracting Linworth Lumber Co. C.O. Lowe Lyons Body Shop E.W. Mays Mayors Association of Ohio Nat'l Recreation of Parks io City mgmt Assoc. .vil Engineering Assoc. ganizational Resources Paul Peterson Co. Dan Rachlis Radio Shcak Brigid Rembert Marianne Rennie Roush Hardware Rota Rooter Service Supply Shoes & Gloves Suther lands Trask Aerial Photography Tuller Printing & Graphics \iJashington Twp 149.3l 60.00 18.24 37.50 54.89 791.40 1647.00 8.40 238.39 166.80 9301.32 20.00 220.00 604.91 65.57 275.44 375.00 2167.00 63.56 220.50 142.23 9.67 38.00 1470.00 888.00 99.00 322.00 86.60 10.00 13.50 50.00 1912.50 2066.25 1526.00 60.00 75.87 66.00 25.00 256.73 185.00 944.50 77.75 288.82 160.00 765.68 6352.50 Calculator for Finance dept. Tuition for Police to courses Bulbs for Municipal Bldg police Civil Liability Book First Aid Kit for P & R Engine for case roller Cost to operate Municipal Cts. for 1986 Mag lite switch covers for cruisers Fiber Mix Reimbursement for Ball State students dinners Salt for streets Refund for P&R program Pavement cores on Avery Rd. Repair axles on TK #15 Tire & tube Office supplies, file frames, envelopes Seminar-Int'l Homicide Seminar design sketches for dept. revisions cap for vehicle maint. Repair on S-lO pickup Mylar prints Paper plates for senior citizen luncheon Long sleeve shirts for volleyball Labor & material to finish caps for ice rink Laminated foam Grass seed Repair TK #11 Chisel & File set Membership dues Park Maint. stds book Membership dues Temp. Engineer services Services rendered for Goals & Objectives Signs for new development Consulting fees Tape recorder for maint. Instructor for Kaleidoscope Donation for performance at X-mas party Misc. supplies Clean out jet line Crosses for street name signs Brown coveralls Lumber, plywood, etc... Aerial slides Court dockets & log books Fire hydrant maint. BILL LISTING-Page 2 Con,t February 2, 1987 Worthington Towing SMi th & HIll AT & T Athletic Club at Metro Jess Howard Electric T"'r ry Brown ltral Ohio Welding lumbia Gas ~vlumbus & So. Ohio Elec. COMSCI Health One Lamberts McGraw hill Ohio Bell Southeastern Equip. Dan Tobin Chevrolet Payroll 175.00 4925.00 21.l2 190.00 350.90 367.50 9.00 272.69 5288.39 4.65 496.44 194.40 158.l0 1126.71 70.84 45.00 51137.74 TOTAL 99,210.31 Tow tk #15 & #10 Legal services-Jan Leased phone equip. Membership dues Electric services to repair tennis ct. lights Wash & Wax cruisers Oxygen rental Gas service at 129 S. High Electric service Film processing Insurance Premium-Feb Coffee & Supplies Engineering News Report Phone service Bushings, knobs, Cable Renewal of Tags Payroll for 1-15-87