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HomeMy WebLinkAbout04/16/1984 RECORD OF PROCEEDINGS 347 Minutes of Meet illg ~ National Graphics Corp., Cols., O. Form No. 1097 ~ Held April 16, 1984 19 .... The Dublin Village Council Meeting was called to order by Mayor James E. Lewis on April 16, 1984 at 7:30 P.M. Councilmembers present were: Mr. Amorose, Mr. Close, Mrs. Headlee, Mayor Lewis, Ms. Maurer, Mr. Sutphen, and Mr. Thornton. Mr. Gunner, Assistant Law Director, and Mr. Sheldon, Village Manager, were also present. Village Staff members present were: Mr. Bowman, Ms. Prushing, Mr. Speer, and Mr. Warner. ",... Mr. Amorose moved to approve the Minutes of the April 2, 1984 Council Meeting. Mr. Sutphen seconded the motion. The minutes were approved by a vote of 7-0. Mr. Amorose moved to pay the bills; Mr. Sutphen seconded the motion, and the motion passed with a vote of 7-0. Corresoondence. A request was filed with the Ohio Department of Liquor Control by the Caprice Unit of the Columbus Symphony Orchestra for a one day liquor permit for Saturday, April 28, 1984 from 4:00 to 9:00 P.M. The event is to be held at the OCLC Building, 6565 Frantz Road. There were no objections. r- I ..... Public Hearing - Ordinance No. 08-84 - Rezoning of 4.347 Acres at the Rear of Frank's Nursery. Second Reading. To be rezoned from CC (Community Commercial District) to R-12 (Urban Residential District). There was no one present to oppose the rezoning. Mr. Philip Fankhauser and Mr. William Riat, partners in Newtowne, representing Mr. DeSantis made the following comments: 1. The portion of the property fronting S.R. #161 will be a small shopping center while the rear of the property will be a multi- family development. 2. At the request of the Planning and Zoning Commission the multi- family condominiums will be reduced from 12 units per acre to 10 units per acre. 3. The rezoning request is only for the 4.347 acres at the rear of the property. 4. Screening will be provided between the condominiums and the single family property owners adjacent to the rear of the property. 5. Buildings at the back of the property have been moved to 50' in front of the property line, and landscaping will be provided. 6. Additional parking spaces have been set aside in the event a restaurant would come in. 7. The parking area in the front has been moved further back to allow for additional landscaping. 8. An ingress/egress to the front has been provided down the west property line. 9. There will be one curb cut and the driveway will be aligned with the current Wendy's driveway (eastern). Mayor Lewis noted that the request was approved at the April 3rd Planning and Zoning Commission Meeting with the following conditions: 1. Ten units per acre. 2. A lot split will be shown. 3. Egress will be allowed into the multi-family area. 4. The landscaping will be continued on the west side, and, if possible, the trees will be preserved on the south and west property lines. r- ........ Public Hearing - Ordinance No. 15-84 - Rezoning of 5.81 Acres on the South Side of S.R. #161 at David Road. Second Reading. To be rezoned from R-4 to SO (Suburban Office and Institutional District). It was noted that the Planning and Zoning Commission voted for approval at their April 3rd Meeting. There was no one present to oppose the re- zoning. Mr. Lusk made the following points regarding the request: -~"."','..,-" Wi,)." _1\111;~ "_I't+~'" RECORD OF PROCEEDINGS 325 Minutes of Meetillg ~ National Graphics Corp., Cols., O. Form No. 1097 ~ II eld Apri 1 16, 1984. 19 Page Two [ 4. 5. There will be one curb cut in the center of the property. The property is 350 feet wide and 847 feet deep. There will be a single road in the center, with plans for a future road going to the east and west, connecting to any further development that might occur on either side. The road will be dedicated and will have the necessary setbacks. The first phase will be developed at the rear of the property with parking in the center. There will be individually stoned, fee simple buildings on either side; they will be one and two story. Responding to questions from Councilmembers, Mr. Lusk said: 1. 2. 3. 6. 1. There will be professional offices with individual ownership. 2. Mr. Lusk agreed that the buffer at the rear of the property will be landscaped along the entire length of the property line with 6 feet of mounding or fencing. "..... Ordinance No. 11-84 - Vacate Portion of Right-of-Wav on North Street. Third Reading. A photograph was shown to Councilmembers of the area in question. It showed the existing right-of-way infringing on the property and where the 6 feet would be with the vacation. Mr. Gunner noted that since the Village already owns the street right-of-way, the Village would own 3' into the 6' being vacated. Mr. Amorose asked if there would be any expense to the Village of Dublin involved in vacating the property. Mr. Gunner mentioned that it would only be tax revenues generated that would be lost. The aoolicant will bear the cost of the engineer's description required of the transfer. The vote was as follows: Sutphen, yes; Headlee, no; Maurer, yes; Thornton, yes; Close, yes; Amorose, yes; Lewis, yes. Mrs. Headlee wanted the record to show that she felt approval of this Ordinance would open up "a keg of worms", to be followed by many more requests. ... r '- Ordinance No. 12-84 - Appointing Deputy Clerks of Mayor's Court. Third Reading. Mr. Gunner, Assistant Law Director, made several comments regarding the Ordinance. He noted that the dispatchers at the Perry Township offices (which already collect Dublin's fines) are already acting as Clerks. He suggested that the names of the people collecting the fines be added to the Ordinance, as an amendment, to the position of Deputy Clerks. Mayor Lewis noted that the two Clerk of Courts for Dublin are on duty from 8:00 A.M. to 5:00 P.M. five days a week - the dispatchers are available 24 hours a day. Presently, they are used as a fine collection agency. It is being recommended that those dispatchers also be named Deputy Clerks of Court so that someone will be able to act as a notary 24 hours a day. Previously, it had been suggested that the three sergeants on the Dublin Police Force could be named Deputy Clerks. However, if a sergeant makes the arrest, then he cannot serve both as the arresting officer and the Clerk of Courts; thus the recommendation to make the dispatchers Clerk of Courts. Mr. Close spoke to the issue of putting the functioning of the Mayor's Court into its historical perspective. Prior to 1976 mayors in almost every small city and village (and some larger ones) established in large part their own rules. With the adoption of the Uniform Traffic Code and the Ohio Rules of Criminal Procedure, the Supreme Court of RECORD OF PROCEEDINGS 327 Minutes of Meetillg ~ National Graphics Corp., Cols., O. Form No. 1097 ~ Held April 16, 1984 19 Page Three r- -- r the State of Ohio changed the rules as to procedure. Since then the signing of the warrants by the Mayor (or the Vice-Mayor in his absence) has been almost a non-discriminatory function. In these instances often the defendent was already under arrest, could not post bond, and the function of the Mayor/Vice-Mayor was to "take a notary" which is what the present rules provide for. Because the Ohio Supreme Court has deemed it so and because the defendent is already under arrest, there is no need for the Mayor or Vice-Mayor to sign the warrant, and anyone who has been deputized as a Clerk can do that. There are very few municipalities (at the present time) which require the signature of the Mayor or Vice-Mayor on the arrest warrants. In response to a question from Mr. Thornton, Mayor Lewis reiterated that a Clerk of Court cannot set a bond. They can apply the bond that is on the schedule but cannot make an exception to it. The signature of the Mayor or Vice-Mayor is still required for a recognizance bond (no matter the time). The Clerk cannot do that. What in effect is happening is an arraignment. What the Ordinance is saying is that an officer may hold a person upon the notarization of his signature in front of a Deputy Clerk. Mr. Thornton moved to table the Ordinance until the next Council Meeting (May 7). Ms. Maurer seconded the motion. The vote was as follows: Headlee, no; Thornton, yes; Close, yes; Maurer, yes; Amorose, yes; Lewis, yes; Sutphen, yes. The vote was 6-1 for tabling. ..... Ordinance No. 13-84 - To Permit and Control Dish Antennas. Third Reading. A Public Hearing was held at the last Council Meeting (April 2nd). Following that meeting the Village Planner (in a memorandum) made a recommendation for amending the Ordinance as follows - "Installed as close to grade elevation as possible, and in no case shall be greater than fifteen (15') feet above grade height if turned perpendicular to the ground; and the maximum diameter of any dish antenna shall not exceed twelve (12') feet." Mr. Ken Snyder, the owner of a satellite dish antenna, commented on the Ordinance. Mr. Snyder mentioned the legal aspects and ramifications of local governments imposing dish antenna standards. He felt that perhaps First Amendment rights were being violated by an Ordinance that restricts homeowners' access to satellite delivered information. Mr. Snyder said that he did not object to restricting the intent of the Ordinance to the aesthetics aspect. Mr. Close moved to adopt the amendment recommended by Mr. Bowman. Ms. Maurer seconded the motion. [ A representative of Satellite Reception Systems spoke regarding the safety aspects of the antennas, especially the wind load problems. They have worked with other city councils in establishing guidelines regarding the safety features of installations. The vote on the amendment was as follows: Sutphen, no; Close, yes; Thornton, yes; Maurer, no; Lewis, yes; Amorose, yes; Headlee, no. Vote was 4-3. Mrs. Headlee moved to table the Ordinance until it can be redrawn with appropriate safety factors, landscaping, and aesthetics included. The motion was seconded by Mr. Thornton. The vote was 7-0 for tab ling. .....-----.--- 'T. _ :J_~ __ ~,~,~--:"''''''~;jj';,'_ RECORD OF PROCEEDINGS 331 Minutes of Meetillg ~ National Graphics Corp., Cols., O. Form No. 1097 ~ Held April 16, 1984 19 Page Four [ Resolution No. 07-84 - Village Participation in Dublin Arts Council. Second Reading. Mayor Lewis recommended that the Resolution be treated as an emergency and suggested inserting the name of Lorraine King as the Council representative to the Dublin Arts Council. Mr. Thornton 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 for passage of the motion. Ms. Maurer moved to amend the Ordinance by adding the following: "The first appointment will be effective until December 31, 1984; thereafter, on a yearly basis. The repre- sentative will report to Council on a quarterly basis." Mrs. Headlee seconded the motion. The vote was 7-0 in favor of the amendment. The vote was 7-0 for passage of the Ordinance. Ordinance No. 16-84 - To Renew Note on Avery Park Land Purchase. First Reading. Emergency. The Ordinance was introduced by Mrs. Headlee. The bid on the interest rate for the note was 6.4% by Huntington National Bank. Mr. Sutphen moved to do away with the three time reading rule and treat as an emergency. Mrs. Headlee seconded the motion. The vote was 7-0 in favor of treating as an emergency. The vote on the Ordinance, inserting Huntington National Bank at 6.4% interest, was 7-0 in favor. ",... 1 Ordinance No. 17-84 - Amend Section 1181.07 of the Codified Ordinances. First Reading. The amendments have been recommended by the Planning and Zoning Commission. Mrs. Headlee introduced the Ordinance. Mayor Lewis moved to do away with the requirement for returning it to the Planning and Zoning Commission. Mrs. Headlee seconded the motion. The vote was 7-0. Mayor Lewis scheduled a Public Hearing for the May 22, 1984 Council Meeting. Mr. Gunner made several comments regarding the Ordinance. The amendments deal with the following: .... 2. A final development plan shall (not may) be submitted after approval of the preliminary development plan. That final development plan shall include 20% of the gross area contained in the approved preliminary plan. That 20% shall be a sub- stantive part of the development - ~ only may be open space, parklands, etc. The failure to submit a final development plan within 240 days will invalidate any prior approvals. That period may be extended by the Commission for good cause. A final subdivision plat must be submitted to Council no later than six (6) months following approval of a final development plan by the Planning and Zoning Commission. That period may be extended by the Commission for good cause. If construction is not begun within two (2) years of approval of the final development plan, all approvals and permits shall be invalidated and cancelled. That two (2) year period may be extended by the Commission for good cause. Presently it is five (5) years. 1. 3. r ..... Resolution No. 08-84 - Authorize Regulation of Traffic in Muirfield for Tournament. First Reading. The Resolution was introduced by Mr. Sutphen. Mr. Close moved to do away with the three time reading rule and treat as an emergency. Mr. Thornton seconded the motion. The vote was 7-0 to treat as an emergency. Responding to questions and comments from Mrs. Headlee, the following points were made: RECORD OF PROCEEDINGS a49 Minutes of Meetillg ~ National Graphics Corp., Cols., O. Form No. 1097 ~ Held April 16~ 1984 19 Page Five ",.. '-- 1. Stickers for cars will be provided (as in previous years) for those residents using Muirfield Drive. 2. "No Parking" signs will be provided by the Tournament Committee to be placed in the yards of residents on Brand and Avery Roads. In previous years these yards have often been used as "turn- arounds". 3. Mayor Lewis also requested that Mr. Sheldon contact Mr. Adams of Muirfield, Ltd. to see that appropriate passes be issued to those residents north of Glick Road that customarily use Muirfield Drive as a route south. Vote on the Resolution was 7-0 for passage. "..... Resolution No. 09-84 - Coalition Regarding Zimmer Nuclear Plant. First Reading. The Resolution was introduced by Ms. Maurer. Mayor Lewis gave some background information regarding the Resolution. The Montgomery County Prosecutor's Office is forming a coalition to act, react, and appear before the Public Utilities Commission in regard to the Zimmer Power Plant dilemma in two different directions: 1. To prevent the "charge through" for the subsequent conversion to a coal burning power plant if that is the intention of the owners with the fuel cost passed through for not only the coal conversion but also the construction up to this point of the Zimmer Power Plant. 2. To act as a coalition in the interests of the consumers served by the appropriate utilities that are the owners. Mayor Lewis said that he was in favor of the Village joining the coalition. He noted that on this date the Franklin County Commissioners voted in favor of joining the coalition; as have other communities (approximatelv 64). The cost of ioining the coalition is 4.5~ oer capita, which amounts to $225 for Dublin. Mr. Close made note of the fact that the Office of Consumers Council is state funded, indirectly, through the utilities' revenues. Part of their responsibility is opposing matters such as this. As a matter of principle, Mr. Close is opposed to this type of Resolution. From time to time in the past, these types of coalitions have served to further political causes of those persons forming the coalitions. That may not be true in this case, but Mr. Close felt that the responsibility in cases such as this is, or should be, that of the Consumers Council. ..... [ Approve Preliminary Plat - Fergus Property on Route 745. Mayor Lewis noted that this plat has been aporoved and recommended for aooroval by the Planning and Zoning Commission. Mr. Thornton mentioned the fact that again a residential community was being built without curbs. It was noted that this will be a private, 11 unit subdivision, with a private road. Mrs. Headlee moved to approve the plat to be in compliance with the recommendations of the Planning and Zoning Commission and that Lot #2 have access to Deer Run Drive. Mr. Amorose seconded the motion. The vote was 7-0 for approval. Preliminary Plat - Hanna Hills Subdivision. Mr. Gerald Horn mentioned his request to waive the curb requirements. Responding to a question from Mr. Amorose, Mr. Horn said that the present cul-de-sac at the end of Hanna Hills would remain as a turn-around. Mr. Bowman said that perhaps two cul-de-sacs would be in order. Ms. Maurer moved for _" ~..'~L.~_.I . RECORD OF PROCEEDINGS 339 Minutes of Meeting ~ National Graphics Corp., Cols., O. Form No. 1097 ~ Held Apri 116, 1984 19 Page Six ". tr ~ [ '-- conditional approval of the preliminary plat, subject to the notes reflecting that Mr. Horn will comply with the specific requirements of the Staff regarding curbing. Mr. Sutphen seconded the motion. The vote was 7-0 for approval. Accept Plat for Frantz Road Improvements to Tuttle Road. moved to accept the plat; Ms. Maurer seconded the motion. was 7-0 for acceptance. Mr. Close The vote Accept Final Plat - 12.02 Acres Corner of Sawmill and Bright Roads. Mrs. Headlee moved to accept the plat; seconded by Mr. Sutphen. The vote was 7-0 for acceptance of the final plat. ",...... Accept Final Development Plan - Shannon Park - Section II. Mrs. Headlee moved to accept the final development plan. Mr. Close seconded the motion. The vote was 7-0 for acceptance, with the following conditions as required by the Planning and Zoning Commission in their April 3rd meeting: 1. The plan elevation becomes part of the final plat. 2. 75% of the units have two car garages. 3. The deed restrictions be similar to those for Killarney Court. 4. The landscaping be developed and shall show as many elements as depicted in the final development plan. ..... Accept Final Development Plan - Weybridge -Section II, Muirfield. Mrs. Headlee moved to accept the final development plan. Mr. Sutphen seconded the motion. The vote was 7-0 for acceptance. Council Roundtable Discussion 1. Mr. Thornton - C. Requested that Mr. Sheldon look into the Ballymead situation. Specifically, an inquiry regarding the number of lots that have been sold and the terms of the agreement with the City of Columbus regarding the building of the Frantz Road extension. Suggested that the Planning and Zoning personnel and Commission carefully consider the issue before allowing waivers of curbs and gutters. Suggested that perhaps the dumpster (for Spring Cleanup) could be moved to other neighborhoods within the Village of Dublin - the residents in those neighborhoods being given prior notice. A. B. r- ! ...... 2. Mrs. Headlee - A. Mentioned the clogged ditches and driveways within the Village limits, suggesting that perhaps the Village could clean them out. B. Moved to allow the Planner to spend up to $5,000 to update the Master Plan and study it further. Mr. Thornton seconded the motion. The vote was 7-0 for passage. RECORD OF PROCEEDINGS 343 Minutes of Meetillg ~~ National Graphics Corp., Cols., O. Form No. 1097 ~ Held Apri 1 16, 1984 19 Page Seven r- L 3. Mr. Sutphen - A. Suggested that perhaps Avery Road Park could be fertilized and/or seeded, etc. so that it would look better. Mr. Speer said that plans are underway to do so. B. Mentioned the damage at the corner of Manley Road and Glick Road, and suggested it be repaired. 4. Mr. Close - A. Also mentioned the Avery Road Park conditions, noting especially the drainage problems on the soccer fields. B. Mentioned the Master Plan memorandum from Mr. Bowman, noting his solid endorsement of the written request, and said that he hoped the Village would continue on with further consi- derations and plans, not stopping at the first step. The Village needs to continue following up on the Master Plan considerations. 5. Ms. Maurer - A. National League of Cities Report. She mentioned an article on "Costing and Pricing City Services" that was available to Councilmembers of they were interested. She also mentioned a report presented by the City Manager of St. Paul, Minnesota, on the issue of "Contracting and Creating Profit Centers in City Ha 11 " . r I ... 6. Mayor Lewis - A. The preliminary plans for the Dublin Bridge rehabilitation have been approved by the Ohio Department of Transportation, and the final plans will be submitted in May. A target date of early 1985 for going out for bids has been suggested and, if on schedule, the bridge should be completed in 1985. B. The estimated value of construction in the Village of Dublin since the last Council Meeting is approximately 2~ million dollars and the year-to-date total is 12~ million dollars. 1983 saw a big upturn in construction which was about equal to the peak year of 1980 and has already been surpassed by nearly 50% in 1984. The meeting was adjourned at 9:37 P.M. r ..... /Z?~ Mayor - Presiding Officer /1 J;UZ~J,(} ~1' ~TJ Clerk of Council 1 hereby certify that copies of this Ordinance/Resolution were p05ted in the Village of Dublin in accordance with Section 731.25 of the Ohio Revised Code. /} -./;;fA~~0 'z2J-- 121~yJ Clerk of Council "..,.., t/( ..r The Annual Mtg. for Ohio Planners Automatic Data Processing Columbia Gas Management Educator Ctr., Inc. Charles E. Headlee ,.,. I & S 0 E. ..... Bricker and Eckler Polar Water Co. Central Mobile Radio Central Ohio DoSposal Cleveland Cotton Products Central Ohio Welding Fifth Ave. Lumber Co. Steward & Silver, Inc. Earl's Truck Sales and Service, Inc. Ace Truck Body, Inc. Columbus Auto Electric, Inc. J.D. Equipment, Inc. Jack Maxton Chevrolet, Inc. Gingway Products, Inc. King Equipment Phillips petrolium Co. TruckPro Brake Chassis, Spring Co. Topper Steel and Supply Co. I David J. Koob American Aggregates Motorola Communications and Electronics Leo Meyers Uniform Co. ,.... ~' ~surer of State c/o State Highway pt1. IL.,nklin County Sheriff Northern Family Physicians Inc. Photographic perspectives M.P.H. Industries Union 76 Elder and Elder Truck Tire Co. Davis Cor~tte Sales David Esis Price Brothers Co. H.F. McClory Rotc-Rooter sewer and drain servo Diehl Office Equipment Co. Bobby Layman Chevrolet, Inc. Blue Cross of Central Ohio C & S 0 E. Blue Cross of Central Ohio R.E. Hutchinson Oil wilt Auto Parts Central ohio Inspection ~ <'"'i"""""',*"'''~~~II.Il\t."""""".m",,, .. ". ..~r,.:. ~_H.I!:...~~.v~r __.j BILL LISTING April 16, 1984 50.00 75.05 370.91 130.00 129.75 625.00 2,515.00 32.00 14.73 28.38 105.60 14.40 38.32 41.40 671.82 34.00 62.50 1.15 19.86 136 . 89 215.58 193.95 364.45 296.79 165.65 59.09 4,892.50 745.55 30.00 20.00 145.00 32.98 51. 35 431. 30 268.50 2,600.00 145.00 70.94 7,361.87 650.00 138.56 67.51 689.34 3,621.53 5,058.76 3,703.36 663.62 880.00 Conference registration for Planner Inv. #131261,141342, payroll process. Gas service - 129 S. High Seminar for Lyn Clymer, personnel review board member. Vireo CRT Station Typewriter,CRT table for Clerk of Council Work to entrance to Donegal Cliffs and SE corner of Frantz and Monterey Legal services 1/1-3/3l/84 Rental of water .coole~ Rent pager unit for Maint. Superint. Rental of equip. for maint. garage. Absorbal towels for maint. dept. Rental of oxygen and acetylene cyl. Mail box repair Bags of lime and sand Repairs of truck 114, 115 Check valve on truck Ill, misc. parts Repair Wiring - truck 114. Bulb for backhoe Tail lanp Repair plOW for truck, brackets Parts for snow plow Gasoline for truck '.14. Repairs to truck 115. Tools, maint. dept. Tools, maint. dept. limestone, traffic bond aggregate. 2 portable, 2 100bile radios- Police Uniform replacements and new issues for police officers. TUition for Auto Larceny school- police March prisoner boarding physical exam for new officers processing and printing, march - police repair radar unit repa~rs on cruisers Repairs on cruisers Undercover car-police Update sewer atlas Hydrant repair kits. For revisions to main sewage pump sta. Clean sanitary sewer Misc. supplies Wiper motor truck 115, repairs car 114. Employer's portion - dental Street lighting, traffic control. Hospitalization ins. premium for may. Gasoline and motor oil for all vehicles Misc. parts for maint. dept. Electrical Inspections -continued- '-"""""'i_';;"""'ol""W'ii..,:,-"~,,,,,",,~\!>#!<-~'i0"~'"~:'~'lI'('"'''#'''~-'<'''..."..,", ,r.. ..' Bill Listing Apr. 16, 1984 Page #2 Dublin Hardware and Paint Roush Hardware Dublin Land Developement Muirfield Ltd. Llewellyn Farms ~.ty of Columbus ~ove City Insurance Agency ~1yroll Account Building and Engineering Inspectors PERS Ohio state Highway Patrol Charles Speer TOI'AL "..." ~~ ~, ........ -.,.,.- ,.'."'".......;,~,,..'"'.,..,4...,.(""'_+:;~~,""'''''~.~.,;.''.''.....i~~'i'w_~~~..!"i'!jjl;..'~....~ 35.03 382.66 3,520.00 3,343.00 301.00 14,928.04 3,998.00 31,460.73 249.12 4,721.65 500.00 375. DO. 102,474.19 Chisel nBsonry bit, battery, misc hardware Paint, trash bags, shelves for park equipnent, mailbox repairs etc. Water Tap paybacks. Water tap paybacks Water and Sewer paybacks. Sewer tap fees Fleet insurance per bid. salaries and withholdings for 4/13/84 Mileage reimbursernnt Employer's portion for march. Tuition for D. Blakesley typewriter bought at Dryden Auction ,._~:.,<-".,~".."",*",-+....>~-':';Jllllil'_....-".. ..1.'. II!" 1. ."IlI,::., tlt;l>'~~~_'i.~""...i~'" .,,' '."