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HomeMy WebLinkAbout07/21/1986 "~- - .1 - RECORD OF PROCEEDINGS 079 Minutes of Dublin Village Council Meeting ~ Meeting National Graphics Corp" Cols" O. Form No. 1097 ~ Held __ .J\llYfJ,-,-_1,9tJ{)n __19_ c The regularly scheduled meeting of the Dublin Village Council was called to order by Mayor Michael Close at 7:30 P.M. on Monday, July 21, 1986. Mr. Thornton led the Pledge of Allegiance. Members of Council present were: Mr. Amorose, Mayor Close, Mr. Jankowski, Ms. Maurer, Mr. Rozanski, and Mr. Thornton. Mr. Sutphen was absent. Mr. Stephen J. Smith, Law Director, and Mr. Sherman Sheldon, Village Manager were present as were Ms. Clarke, Mr. Darragh, Ms. Jordan, and Ms. Prushing of the Village Staff. Mr. Amorose moved to approve the minutes of the July 7, 1986 meeting of the Dublin Village Council. Mr. Jankowski seconded the motion. The vote was unanimous in favor. Mr. Amorose moved to approve payment of the bills. Mr. Jankowski seconded the motion. The vote was as follows: Mr. Amorose, yes; Mayor Close, abstain; Mr. Jankowski, yes; Ms. Maurer, yes; Mr. Rozanski, yes; Mr. Thornton, yes. r \... Correspondence There was no objection to a request for a D5A liquor permit for the Marriott Corporation DBA as Courtyard by Marriott at 5175 Post Road, Dublin, Ohio. [ Ordinance No. 33-86 - Rezone 199 Acres East Side of Avery Road, North of Post Road. Public Hearing. Mr. Ben Hale, Jr. signed as a proponent. Mr. Robert Horr of 6775 Fallen Timber Drive signed in as an opponent. Ms. Clarke presented background information. She noted that this is a revision of the preliminary development plan so th t the zoning can actually take place. Responding to a question from Mayor Close, Ms. Clarke said that a land- scaping plan was one of the outstanding documents. Mr. Thornton said that his main concern was the decrease in size of the retention pond. Mr. Hale said that the pond would be solely for the use of Indian Run; that area north would not be drawing into it. Mr. Rozanski said that he wondered if it had been engineered to hold enough water so that problems would not occur as have been occurring in other areas in the Village. Ms. Clarke said that she had not seen engineering plans of that particular facility. Responding to a question from Mr. Reiner regarding the landscaping plan, Mr. Hale said that what they have agreed to do is increase the intensity along the single family portion (here) and to repeat that. He noted that they had also been asked that "in this area here" that at the time the boulevard is done that the school, park, single family situations will be addressed - this year or early in the spring of next year. Responding to a question from Mr. Rozanski, Mr. Hale said that they will have on file a fully developed landscape plan, not a sketch, so that there will be no questions whatsoever as to what is being installed. RECORD OF PROCEEDINGS 083 Minutes of Dublin Village Council Meeting Meeting ~ National Graphics Corp" Cols,. 0, Form No. 1097 ~ H eldn mmmJulJ'_n_Ll~~6._ mu19n Page Two r \. Mr. Rozanski said that he would not vote for the project if he does not have documents prior to a vote. Mr. Hale said that the documents would be on file "tomorrow". Mr. Hale said that they have also agreed on the Orr site to not only land- scape the front but also to, when Muirfield Boulevard goes in, to land- scape the back of the lots where the single family lots abut as well as to seed this "entire area ". Responding to a question/comment from Ms. Maurer, Ms. Clarke said that in the design guidelines there are no-build zone guidelines which state that there are no fences to be built in the no-build zones. The single- family guidelines, she noted, have been amended to permit a single fence (split rail, 3~ feet in height maximum) to be permitted within the subdivision. ( Ms. Clarke said that the landscaping will be installed at the time that Muirfield Drive is extended. Other changes, she said, would have to do with an updating of the materials. Ms. Maurer expressed a concern that, this being a public hearing, that all information and documents were not available and that is not fair to the public. Ms. Clarke noted that the single-family guidelines have been amended to permit a single fence (split rail, 3~ feet in height maximum) to be permitt d within the subdivision. Ms. Clarke also commented with regard to a question with regard to the wire mesh as a part of the split rail fence. She said that it needs to be revised to say galvanized wire mesh on the split rail fence. It was noted that presently fences would not be permissible under the present plan. It was also noted that some of those present felt that the wire mesh would not be visible from the sidewalk areas. [ Mr. Horr, a resident of Indian Run Meadow, expressed a concern with regard to the wire mesh as apart of the fence, suggesting that it would be less attractive than a plain split rail. Mr. Hale said that an association would be forming in the Indian Run Meadow Subdivision, noting that they had had several requests for fences. He said that the enforcement of the deed restrictions would be turned over to the association (probably within the next month). Mr. Hale noted that in order to change the deed restrictions (mentioning fences) the residents would all have to agree to same. Mr. Horr said that his deed restrictions do not restrict fences of any kind except those approved by the Architectural Review Committee. Mr. J. Riedel, Superintendent of the Dublin Local Schools, reminded members of Council that any delay would only put the construction of the school in the subdivision a little further behind schedule, mentioning that a period of 14 months would be required to build a school. Mayor Close commented that he, as well as Board members, agreed that it was in the best interest of all those involved that the situation should be handled properly. Mayor Close said that the third and final reading of the ordinance would be on August 4, 1986. Mayor Close also requested that on that date that the Law Director be able to advise Council whether or not the 30 day period can be waived at that time, as well as a determination regarding the fencing as to whether or not Council must abide by the recommendation handed down by the Planning and Zoning Commission. ,.... , '-' r '-' c RECORD OF PROCEEDINGS 087 Minutes of Dublin Village Council Meeting Meeting National Graphics Corp" Cols., 0, Form No. 1097 ~ Hel(L m___.Jtlb:~2JLJ9~()__ __19_ Page Three Ordinance No. 47-86 - Ordinance Requiring the Use of Seat Belts. Third Reading. Mayor Close said that he had received notification from the State Auditor's Office that all fines collected under any State seat belt law or any local law in reasonable conformity with the State law were to be forwarded back to the State Treasury. The vote on the ordinance was as follows: Mr. Jankowski, yes; Ms. Maurer, yes; Mr. Thornton, no; Mayor Close, no; Mr. Rozanski, yes; Mr. Amorose, yes. Ordinance No. 48-86 - Amend Codified Ordinances for a New Zoning District. Third Reading. Ms. Maurer moved to amend the ordinance by deleting section (d), (1), D. regarding "Maximum lot coverage". Mr. Rozanski seconded the motion. The vote was unanimous in favor of the motion. The vote was 6-0 in favor of the ordinance. Ordinance No. 54-86 - Approve Design Services for Indian Run and Llewellyn Farms. First Reading. Mr. Jankowski introduced the ordinance. Ms. Jordan requested that the ordinance be passed as an emergency. Mr. Thornton moved to do away with the three time reading rule and treat as an emergency. Ms. Maurer seconded the motion. The vote was 6-0 in favor of the motion. The vote was unanimous in favor of the ordinance. Ordinance No. 55-86 - Amend Section 1189.08 Regarding Join Identification Signs. First Reading. Mr. Amorose introduced the ordinance. ,I II II II I I I Mr. Darragh said that the new regulations would be more restrictive than are presently in the Dublin Code, reducing the allowable size from 150 square feet to 80 square feet. He also said that joint identification signs are permitted on sites for three users or more; he also noted that on the sign would be the name of the project; the names of individual tenants is not allowed Mr. Amorose moved to refer the ordinance to the Planning and Zoning Commiss on. Ms. Maurer suggested that the ordinance be discussed by the sub-committee of the Planning and Zoning Commission which is dealing with planning issues in order to expedite the passage of the ordinance Ms. Clarke said that the Planning Department would like "this to happen as quickly as possible". Mr. Amorose added to his motion that the ordinance be returned to Council as soon as possible. Mr. Rozanski seconded the motion. The vote was unanimous in favor of the motion. RECORD OF PROCEEDINGS 089 Minutes of Dllhlin Vi11::lgp r.nl1nr; 1.118 Meeting National Graphics Corp., Cols., O. Form No. 1097 ~ Held .. nn.} tlJ)'n V.L.1.~ ~fln . ..19.. Page Four r f \... Ordinance No. 56-86 - Amend Section 1105.18 Requiring Sidewalks. First Reading. Mr. Thornton introduced the ordinance. Mr. Thornton said that the ordinance had been suggested by the Public Service Subcommittee of Council.. It was noted that the purpose of the waiver was that in some cases it may be physically impossible to put in a sidewalk or it would have no value. Mr. Thornton said that the purpose of the ordinance is to put sidewalks where they are needed, noting that because previously they were not required that in some areas there is no access to several neighborhoods. He also said that he felt that they should "go in" on both sides of all streets unless a "hardship" case could be proved. It was noted that the ordinance cannot be retroactive. It was also noted that the builder would be required to build the sidewalk. Mayor Close requested that the ordinance be up for a second reading on August 4th and suggested further review on the status of areas where sidewalks should have been put in and never got waivers, suggesting that a policy decision be made. r . \w- Resolution No. 12-86 - Statement of Services for a Proposed Annexation. First Reading. Mr. Rozanski introduced the resolution. It was noted that this area is surrounded by the Muirfield residential area. The resolution will have a second reading on August 4, 1986. Resolution No. 13-86 - Authorize Construction of a Cul-de-Sac at the End of Macbeth Drive. Mr. Amorose introduced the resolution. Mr. Amorose said that almost 100% of the residents feel that they would like to cul-de-sac the street, expressing a concern that Macbeth Drive could possibly be extended to potentially higher density portion to the north. He also said that two property owners to the north have agreed to give the right-of-way to the Village and also contribute to the construction to the cul-de-sac itself. M.O.R.P.C. Representative - Discussion on Feedback Relative to Issue 1. c Mr. Robert Radcliffe was present to speak to Council, indicating that he is working with the Mid-Ohio Regional Planning Commission on the reassessment of Issue 1 (COTA/World Center issue). He indicated that they were trying to complete the project by August and was present at the meeting to solicit comments, concerns, and reactions of members of Council on the issue. Those comments by members of the Dublin Village Council are listed as follows: r , \.,/ ( [ RECORD OF PROCEEDINGS 091 Minutes of Meeting Dllh 1 in Vi 11 ::lgP r.nllnr i 1 National Graphics Corp., Cols., O. Form No. 1097 ~ Held n n'J(ny'2T~"T9'8'6 19. Page Five 65,000 seating capacity was an overreach as far as the size of the center, and that perhaps 25,000 to 30,000 would be more realistic. Business was not paying their "fair share", and that private dollars should be involved (a substantial amount). Responding to a question from Ms. Maurer, Mr. Radcliffe said that the bulk of the monies received from the hotel/motel tax goes to the Covention and Visitors Bureau. 1. 2. 3. "How much enjoyment can we afford?" 4. COTA is a big dollar looser. 5. Basically unfair to piggyback COTA and the convention center issues. 6. A favorable result would be that most of the jobs that would be created would be unskilled jobs which are apparently those that are required primarily in the Columbus area. 7. The facilities that are already available are not being used to their maximum 8. Suggested that those responsible be "up front" about what the actual use of the facility would be. Mr. Robert McCoy - Presentation Regarding O'Shaughnessy Dam Bridge. Mr. McCoy commented that he is with the firm of Dodson-Lindbloom Associates who are under contract with the City of Columbus to do a replacement or repairs to the O'Shaughnessy Dam Bridge. Mr. McCoy made the following comments: II I I I I' I I 1. The City of Columbus Division of Water owns the bridge, in addition to owning the right-of-way and fee from /45 to 257. 2. Have discussed three possibilities _ a) closing the brdige completely b) repairing it in its present state c) putting a two lane deck replacement. 3. Mr. McCoy proposing a joint venture with the Village of Dublin to put in a four lane, two bicycle path bridge. 4. Can be done with very little cost to Dublin with the possibility of committing some of their M funds for future projects. 5. Would give that portion that the City of Columbus owns to the Village of Dublin; have that portion on the Village's thoroughfare plan, and then that would be eligible for M funds which would be 80/20 matching funds. 6. Columbus actually owns Glick Road from 745 to the bridge. That land would go to Dublin as well as the easement on the bridge to do whatever construction has to be done to make it a four lane highway. 7. By putting in a four lane highway and cantilevering to the south the bridge would be strengthened. Mayor Close pointed out that the Federal Government would pick up 3.2 million of an approximately 4.1 million cost, and then resulting cost of $900,000.00 could be a cooperative effort between Dublin, the City of Columbus and perhaps Delaware County. Mr. McCoy said that Columbus has also indicated that they would accept the future maintenance on the cost of the structure, with the exception of the day to day costs such as snow removal, paving, etc. Mr. McCoy said that the City currently owns 60 feet, and the Village would probably have to pick up 10' on each side for the four lanes. .' RECORD OF PROCEEDINGS 095 Minutes of Dublin Village C~ncil Meeting ~ Meeting National Graphics Corp., Cols., O. Form No. 1097 ~ HelcZn ..mmJulYm2JLJ986 nu 19m Page Six r" . '-' mr. Rozanski said that there could be difficulty in getting the easements necessary between 745 and the bridge. Mr. McCoy said that Delaware County is not really interested in participating. He said that there could be a possibility of some funding from the State of Ohio also. Mayor Close recommended that the Law Director prepare a proper ordinance or resolution for discussion at the August 4, 1986 Council Meeting. Approval of Final Plat - Muirfield "Berkshire Commons" Mr. Amorose moved to approve the final plat. Mr. Thornton seconded the motion. The vote was unanimous in favor of the motion. Approval of Final Plat - Hemingway Village West - Section 3 Mr. Jankowski moved to approve the final plat. Mr. Amorose seconded the motion. The vote was 6-0 in favor. r- t \.... Approval of Final Plat - Brandon, Section 1, Phase 2 It was noted that there was a reserve area between two residential lots in the event that the Village would want to extend Coffman Road in the future. Mr. Thornton suggested that perhaps the road be put in first because once persons bought those homes they would most likely object to a road being put in. Mr. Rozanski suggested putting in the curb cut now. Mr. Terry Andrews of Planned Communities said that they were setting aside the reserve in order to give the Village flexibility in the event that they would want to extend Coffman Road in the future. Ms. Clarke said that the Planning Department wanted to keep their options open with regard to the extension. Mr. Amorose moved to approve the final plat. Mr. Rozanski seconded the motion. The vote was unanimous in favor. [ Comments from Staff 1. Mr. Sheldon announced that beginning on Wednesday, August 6, 1986 the Village would be going to a one day trash collection schedule. All trash in the Village of Dublin will be collected on Wednesdays. 2. Mr. Sheldon reminded Council of the Public Hearing on the West Branch Sewer which will be held at 8:00 P.M., Thursday, July 31, 1986 at the Hilliard Municipal Building. Mayor Close, on behalf of the Village Engineer, noted that the Engineer had reported to Council that after the initial inquiry it was referred back to the engineering firm which had done the engineering on the project in the first place for calculations concerning the storm water drainage. He said that a report will be given to Council once the actual problem has been identified. RECORD OF PROCEEDINGS 097 Minutes of Dllh1 in Vi 11 ::lgP r.m1nri 1 _.8 Meeting National Graphics Corp.. Cols., O. Form No. 1097 ~ HelcZ ..n...JtlJy-2LL1~afln nn19. Page Seven r '-' Comments from Citizens Mr. Mark Reinking of 3207 Martin Road, having recently moved from Indianapolis, Indiana. He said that the new home was purchased from C. Michael Graham, a partner in August Homes, and discussed his family's reasons for moving to Dublin. Mr. Reinking said that they now have a finished basement completely destroyed by water, a home with no air conditioning and other damaged items. ,... . \.,.. He said that the builder has accepted no responsibility and that his insurance company has denied the claim on his ownerowner's policy. For the record he wanted it noted that the only items that have been resolved have been the windows and screens. Mr. Reinking indicated that he was asking Council to come to his aid and his attorneys (Mr. Jerry Weiner) in not only correcting matters and satisfying his losses but also to take corrective measures to prevent this situation from happening to anyone. There was some question and wondering on the part of some Council members as to the relationship between the Village and Mr. Reinking's situation. Mr. Thornton did offer some background regarding the Martin Road situation, mentioning that since the Meijer store construction with'the parking lot, retention pond, etc. there have been three occasions since June 1st where the water has not been retained and comes down the road with such force that it overflows the culverts and the driveways. He noted that there had been damage to other properties also. He also said that one does not need a calculator but simply to observe that "it doesn't work". Mr. Thornton said that the situation has come about because of a poor retention system at the shopping center. Mr. Smith said that he had been working on the problem and would discuss the situation with Mr. Reinking's attorney as well. Mayor Close said that he felt that it would be improper for the Village to get into the middle of a dispute with the builder over the actual construction of a residence. Mr. Dave Gubanc of 184 Corbin's Mill Drive was present to comments and raise some concerns regarding an action taken at the last Council meeting with regard to an appropriate to construct a concrete berm south of the intersection at S.R. 161 and Frantz Road. [ Mr. Gubanc said that he felt that there were perhaps other options which Council might have studied. Mr. Gubanc noted that the prohibition of the left turn into the shopping center off of Frantz Road would create more traffic on Corbin's Mill and noted that there are children using that road and that there would be a safety problem potentially created. Mrs. Kerr, another resident of Corbin's Mill, also mentioned the speed with which cars travel on the road and also mentioned the safety of children. ,I RECORD OF PROCEEDINGS 099 Minutes of Dublin Village Council Meeting -~ Meeting National Graphics Corp., Cols., O. Form No. 1097 ~ Held mJul)'_,2J~nJ_9a6 19. Page Eight ,...., f \...- Mr. Thornton noted that studies showed that there were a number of accidents at that intersection and that it was for the health and safety of the citizens that the concrete berm was put in, and that other alternatives had been discussed before that particular decision was made. Mayor Close said that it is hoped that the traffic which previously turned left into the shopping center would now use the easternmost entrance into the shopping center, particularly since there will be a traffic light at Corbin's Mill and S.R. 161. Mr. Gubanc suggested that first a temporary solution be tried, perhaps using cones before spending a large sum of money on a permanent concrete median. Mr. Rozanski said that until the traffic light is installed at Corbin's Mill a problem is being created. ~ . \.. Mr. Sheldon said that work on the median would be beginning shortly. Mr. Rozanski said that he thought that the concrete barrier is probably needed, but that there should be a contingency for traffic. Mr. Rozanski moved to reconsider the contract, asking Strawser Paving to not begin the project until the issue can be discussed further at the next Council meeting. Ms. Maurer seconded the motion. Mr. Jankowski said that he agreed that there was a potential problem but that delaying construction would solve that problem. The vote was as follows: Mr. Rozanski, yes; Mayor Close, no; Mr. Jankowski, no; Mr. Thornton, no; Ms. Maurer, yes; Mr. Amorose, no. Mr. Bob Socher one of the principles of August Homes, speaking with regard to Mr. Reinking's problems, said that the permit for Mr. Reinking's home was not taken out in August Homes name. He said that the morning of the storm that they had met with representative of Evans, Mechwart, Hambleton & Tilton and well as with representatives of Karlsberger and Associates who said that they would report back to them when they are able to determine the source of the problem. Mr. Socher also said, that as a matter of record, he wanted to mention that Mr. Reinking is in the building supplies trade. Mr. George Richter of 3199 Martin Road, showed pictures of the July 9th flood to members of Council. [ : Mrs. Barbara Holt wondered about a time frame in which a solution could be expected. Mr. Rozanski mentioned the fact that there are three different engineering companies involved. Mr. Socher said that he has tried three times, bringing in topsoil, to put in a lawn on Mrs. Holt's property. Mayor Close asked Mr. Sheldon to arrange to have the ditch on Mrs. Holt's property cleaned up. Mr. Thornton suggested that Mr. Sheldon contact the Meijer Company in an effort to expedite getting additional information on the exact nature of the problem at this particular site. r \.; r-- . \.... c ..._~,-+ RECORD OF PROCEEDINGS 103 Minutes of Meeting Dublin Village Council National Graphics Corp., Cols., O. Form No. 1097 ~ Held July 21, 1986 .mn19m Page Nine Mr. Gardner of 7050 Avery Road, said that when the waterline was put along Avery Road and the ditch was regraded, the company who put in the water- line (Savko Company) did not adequately repair the ditch. He noted that the slope of the ditch from the property to the road makes even mowing hazardous. Mayor Close said that someone from staff would examine the situation to see what can be done. Council Roundtable Discussion Mayor Close 1. Mayor Close publicly thanked the residents for coming to the Council meetings and expressing their interests and concerns, and welcomed all those who had similar concerns or interests to attend future Council meetings. A Happy 40th Birthday to Mrs. Close. Mentioned the probability of inherent problems within the system used by Planning and Zoning. Questions regarding platting procedures. Questions about whether or not there should be an appeal procedure established whereby Council would be involved, etc. Mayor Close asked the Land Use Subcommittee to specifically review some specific recommendations that have been made, inviting the participation of developers and/or their attorneys, possibly reporting on same at the first meeting in September. It was also suggested that the Planning and Zoning Commission should also be involved in the process. 2. 3. The meeting was adjourned at 10:16 P.M. AM;~ Jh~;(/~ ~, q~ Clerk of Counc I