Plain City Council’s work session grew contentious Wednesday night during discussions surrounding the Uptown Historic District.
Tensions rose after Village Administrator Nathan Cahall presented council with a draft right-of-way licensure proposal.
Cahall said the licensing would allow commercial enterprises to have public dining areas that encroach on the public right-of-way, in certain circumstances when requirements are met.
He said the goal was to create “collective, uniform requirements” that would be added to the streets and utilities section of village code.
The proposal, which Cahall said is based on that of the City of Columbus, also establishes an application procedure and fees.
Cahall said private amenities added to the public right-of-way such as flower boxes, planters and benches will require a one-time, $250 application fee. Commercial uses including sidewalk and shared-use path dining areas or kiosks will require an initial fee of $500 and an annual renewal fee of $50.
The licensure process would delegate review to the village administrator.
Cahall said it will create a system in which licenses can be issued by village staff if applications meet the criteria set by council, rather than going through a full review by council.
While council was in favor of the proposed fee schedule, Council member Frank Reed said he was strongly opposed to allowing staff to issue licenses.
“In my opinion, use of public right-of-way is not an administrative decision to make, it is a council policy to be made,” Reed said.
He argued there should be a public hearing for each application for a license.
Council member Darren Lee said, the administrator would issue the licenses in accordance with conditions approved by council. He assured Reed the process would not circumvent council because it sets the criteria for approval.
Lee said licenses should not be issued based on public hearings, because criteria ensures licenses are fair and “not arbitrary.”
Even if a dining area encroaches on the public right-of-way, the fire department will not approve the plan unless there is a clear path for pedestrians, said Council member Shannon Pine. She explained the plans will need to be “approved by several entities,” even if the village administrator issues the actual license.
Lee said the proposed process is not unlike current zoning, which delegates authority to zoning inspectors. Even in that case, it is still up to council to build in protections and procedures.
Still, Reed responded, “I have a deep concern about giving away public right-of-way without a public hearing.”
It’s not giving away: it’s leasing and it can be taken back,” Lee replied.
Reed argued the proposal offered no criteria for licensure, aside from administrator approval.
The most senior member of council, John Rucker, then told Reed, the newest member, “We had been able to manage this village for a number of years before you got on this council and we’ve done quite well at it, thank you.”
He later added, “We hire our administrators to do the jobs for us… and we trust them to do the jobs appropriately and I think it’s ridiculous that we’re going to micromanage every little thing they do.”
Council ultimately requested Cahall present the legislation at an upcoming council meeting, but tensions remained high.
“Oh yes, this is going to be fun,” Reed said as he argued Design Review Board actions are not in compliance with the portion of the village code that details preservation of the Uptown Plain City Historic District.
He said a recent decision to allow a wrought iron fence along a sidewalk in the historic district violated village code.
Pine said she didn’t agree. As a member of the Design Review Board, she said another member of the board is also a part of Columbus’ Italian Village Commission. He is well-versed in historical architecture and he approved of the design of the fence Reed opposed.
Lee asked where the code prohibited the addition of fences, but Reed was not able to provide an ordinance that mentioned fencing specifically.
Regardless, when Lee asked where it is prohibited, Reed replied, “Right in the code, my friend.”
Rucker again joined the conversation, asking, “Frank, would you just like to run all the committees for us?”
“I think Frank should,” Lee added.
After further discussion, Lee acknowledged, “we’re not making any progress right now,” and Council President Jody Carney ended the conversation.
In other business, council:
– Decided to pursue a contract for fireworks and plan a parade for the Sunday of Labor Day weekend, Sept. 6, since the Fourth of July celebration was postponed due to the COVID-19 pandemic.
– Reviewed plans for a ground sign outside of the new municipal building.
Cahall said the village borrowed $3.5 million for the project, which costed approximately $3.1 million. Surplus proceeds could be used toward a sign with an LED electronic message center, which would likely cost between $25,000 and $40,000.
– Discussed leasing the former police department property to The Wendt Group, which is looking for a temporary space during the remodeling of its office.
Cahall said the lease rate proposed by staff is $9 per square foot. The agreement will be “triple-net,” meaning utilities, insurance and any property taxes will be added to the rental rate.
Council supported adding a resolution for the property lease to the next agenda.