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HomeMy WebLinkAbout07/16/1984 RECORD OF PROCEEDINGS 445 At inutes of Dublin Village Council At eeting ~ National Graphics Corp.. Cols., 0, Form No. 1097 ~ II eld July 16,1984 1~) r \.- The regularly scheduled meeting of the Dublin Village Council was called to order by Mayor James E. Lewis at 7:30 P.M. on Monday, July 16, 1984. Members present were: Mr. Amorose, Mr. Close, Mrs. Headlee, Mr. Lewis, Ms. Maurer, Mr. Sutphen, and Mr. Thornton. Mr. Smith, Law Director, and Mr. Sheldon, Village Manager were also present as were Village Staff members: Mr. Bowman, Ms. Prushing, and Mr. Warner. Mr. Amorose moved to approve the minutes of the July 2, 1984 meeting. Ms. Maurer seconded the motion. The minutes were approved unanimously. Responding to Mr. Thornton's question, it was noted that the item on the Bill Listing, "Final Payment on Frantz Road Extension" was for the area from Rings Road to Tuttle Road. Mr. Sutphen made a motion to approve payment of the bills. Mr. Thornton seconded the motion. The vote was 7-0 in favor. 2. Correspondence 1. A request for a one day liquor permit for the Governors Committee and the American Italian Golf Association for Thursday, August 2, 1984 from 7:00 P.M. to 10:00 P.M. There were no objections; a hearing was not requested. Transfer of a liquor permit from Kingswood Inn, Inc., to Cape Cod Company, a partnership, 6371 Avery Road. requested that Mr. Smith find out the identity of the 6371 Avery Road Mayor Lewis new owners. "... ; i t.... Ordinance No. 18-84 Road. Third Reading. zoning. Rezone 3.84 Acres, South Side of 161, East of David The vote was unanimous for approval of the re- Ordinance No. 24-84 - Rezone 2.704 Acres on Tuller Road. Third Reading. The vote was as follows: Mr. Thornton, yes; Mr. Amorose, yes; Mr. Lewis, yes; Mrs. Headlee, abstain; Ms. Maurer, yes; Mr. Close, yes; Mr. Sutphen, yes. Ordinance No. 30-84 - Street Cleaning, Mud on Streets, etc. Second Reading. Mr. Smith said that while working on the suggestions for changes made by Councilmembers at the July 2 meeting, the Executive Director of the Building Industry Association met with Mr. Smith. All Councilmembers received a copy of a letter addressed to Mr. Sheldon from Mr. Graff, Executive Director of the BIA. Mr. Smith suggested that Council defer the Second Reading of the Ordinance to the July 16 meeting, giving him an opportunity to respond to Mr. Graff's letter and also give him a chance to make recommendations regarding same to Council. 3. Ordinance No. 34-84 - Accept Lowest/Best Bid for Avery Road Waterline. First Reading. Emergency. Mr. Amorose introduced the Ordinance. Mr. Amorose moved to do away with the three time reading rule and treat as an emergency. Mr. Close seconded the motion. The vote was as follows: Mr. Amorose, yes; Mr. Close, yes; Mrs. Headlee, yes; Mr. Lewis, yes; Ms. Maurer, no; Mr. Sutphen, yes; Mr. Thornton, yes. Responding to a question from Ms. Maurer, Ms. Prushing, Finance Director made the following comments: 1. The waterline project will take 2. The overall millage is around 7 2.7 mills. Typically the types of projects financed by inside millage are emergency type projects and those that do not lend themselves to voter approval; those that do not provide a visible service to voters. approximately .3 mills. mills. That leaves approximately [ RECORD OF PROCEEDINGS 447 Minutes of Meeting .~ National Graphics Corp,. Cols" O. Form No. 1097 ~ Held July 16, 1984 19 Page Two f!'- '-- Ordinance No. 35-84 - Note Issue to Fund the Avery Road Waterline. First Reading. Emergency. Mrs. Headlee introduced the Ordinance. Mayor Lewis indicated that the note issue was necessary in order to accept the lowest/best bid of $382,084.80 to build the Avery-Brand Road Waterline, accepting the recommendation of the Village Manager and Village Engineer. Mr. Thornton 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 (7-0). The recommendation from the Finance Director regarding this note is the bid from The Ohio Company in the amount of 7.45%. The vote was unanimous to accept the bid of Nickolas M. Savko & Sons, Inc. for $382,084.80 to construct the Avery Road Waterline. Ordinance No. 36-84 - Adopt Moped Ordinance to Conform to State Require- ments. First Reading. Mrs. Headlee introduced the Ordinance. Mr. Smith said that he would examine the Ordinance and make recommendations at the Second Reading. ,... ~ ~. ..... Ordinance No. 37-84 - Note Renewal for Frantz Road Boulevarding-$590,OOO. First Reading. Emergency. Mrs. Headlee introduced the Ordinance. This Ordinance is to accept the bid, at the recommendation of the Finance Director, of The Ohio Company with an interest of 7.45%. Mr. Sutphen moved to do away with the three time reading rule and treat as an emer- gency. Mr. Thornton seconded the motion. The vote was 7-0 to do away with the three time reading rule and treat as an emergency. The vote on the Ordinance was 7-0 in favor. Ordinance No. 38-84 - Amending the Annual Appropriations. First Reading. Emergency. Mrs. Headlee introduced the Ordinance. Mrs. Headlee made a motion to do away with the three time reading rule and treat as an emergency. Mr. Thornton seconded the motion. The vote was 7-0 in favor. The vote on passage of the Ordinance was unanimous. Mayor Lewis mentioned to those in attendance that the notes issued for the Frantz Road construction were anticipated to be converted to bonds - a recent change in State Law, however, allows the Village to maintain notes for a longer period of time than formerly, and the cost of converting notes to bonds that are less than some significant dollar figure are really not worth the effort. Thus the notes will be renewed for the time being rather than make the conversion at this time; that was the reason for amending the Annual Appropriations Ordinance. , Ordinance No. 39-84 - Rezoning of 9.2 Acres West of Sherex on Rings Road. First Reading. The Ordinance was introduced by Mr. Sutphen. Mr. Sutphen moved to refer the Ordinance to the Planning and Zoning Commission. Mr. Close seconded the motion. The vote was 7-0 to refer Ordinance No. 39-84 to the Planning and Zoning Commission. [ Further Discussion - Street Lamps in Old Dublin. Mr. Sheldon requested that Council delay discussion. The matter has been referred to the Architectural Review Board, and as of this date they have not responded. Mr. Sheldon also requested that Councilmembers individually visit the area and ascertain the effects of such an installation. Parks and Recreation Committee Presentation - Beth Brooks. Regarding Indian Run Stream. The Need for Preservation; the Request for a No Building Zone. The presentation has been made before the Parks and Recreation Committee, the School Board, and the Planning and Zoning Commission. Councilmembers each received a copy of a report prepared by Mrs. Brooks regarding the topic. In her presentation (with slides and a map) Mrs. Brooks made the following comments and suggestions: ""~'J>-___'''''''_'''- RECORD OF PROCEEDINGS 453 Minutes of Meetillg ~ National Graphics Corp" Cols., O. Form No. 1097 ~ Held July 16'n 1984 19 Page Three ,... '- 1. Mrs. Brooks made the following comments: A. The overall goal is to have the land dedicated or donated; however, some acquisition by purchase may be necessary. B. The "No Build Zone" area varies in width. The stream bed and flood plain area is already a "No Build Zone". The Committee is asking for the border area at the top of the cliff, because if there is to be any preservation, that border has to be preserved. C. The Dublin Board of Education has agreed to work with the Parks and REcreation Committee and have agreed to dedicate the land that they own for preservation. D. The Planning and Zoning Commission, at their July 10th meeting, made a motion to recommend the plan to Council. Mayor Lewis commented that Mrs. Brooks wrote an impressive report and that he is in agreement with the recommendations. Mayor Lewis had to excuse himself from the meeting, turning the remainder of the meeting over to the Vice-Mayor, Mr. Close. r ! '-- The boundaries were determined from the flood plain area and vary greatly. The request for the "No Build Zone" is to "buy some time" to allow the Committee to go to the various private property owners and explain the project, in addition to setting parameters when developers "come in". G. The top of the cliff is dangerous and use must be controlled. F. E. H. The erosion and dissolution process is ongoing. 2. Mr. Close said that he could foresee a need in the immediate future for an exact definition of the area by or with a legal description. Essentially, there may be four ways of acquiring land for preservation: by outright gift, condemnation, actual purchase, and deed restrictions, possibly. Easements for vehicular access will also be necessary. 3. A survey of this area would be expensive. 4. Mr. Smith said that there could be legal problems with those lands that are privately owned. He recommended that Council adopt, if they wish to, the intent of the plan as presented, and direct the Village Staff to attempt to begin to work on the possibility of implementing it. [ 5. Ms. Maurer explained to those landowners present what would be asked for in a "No Build Zone" _ a) deed restrictions that "would run with the land" so that the same restrictions would go on to the next landowners b) that there would be no dumping or burning of refuse c) no hunting or trapping d) no cutting of trees or clearing of underbrush except for the removal of diseased trees or for public safety e) no commercial lumbering operations f) that the natural resources shall remain undisturbed RECORD OF PROCEEDINGS 455 Minutes of Meeting ~ National Graphics Corp,. Cols" O. Form No. 1097 ~ 11 eld July 16, 1984 19 Page Four """ i: Ii \... g) no top soil will be taken away and nothing shall be done to cause and contribute to erosion h) no access in the area will be allowed for the purpose of drainage pipes without a plan for concealment of the pipes i) no drainage, other than for storm water, will be permitted j) no roadway or other facility other than those designated for the purpose of preserving the zone will be built k) it is not intended to interfere with or detract from use of said premises by the grant or owner for all purposes which are not inconsistent with the grant. Mr. Sutphen made a motion to approve, in principle, the proposal from the Parks and Recreation Committee and for them to proceed with their specific plans for ultimate review by Council. The motion was seconded by Ms. Maurer. The vote was 6-0 in favor. Mrs. Headlee and Mr. Close loaned copies of their reports from the Parks and Recreation Committee to landowners present to read and study. ,.... . The Indian Run Stream area in Washington Township does not present problems with regard to deed restriction or dedication; there may be complications with the condemnation process. '-- Mr. Close commended Mrs. Brooks with regard to the recent class she taught on insects. Discussion Regarding Cable TV Extension Mr. Jerry Murray, General Manager of the Columbus Operation, represented Warner Amex Cable TV. Residents of Muirfield requested a timetable for completion of cable service in the Muirfield area. Mr. Murray said that one area would be completed by August 15, 1984, another by November 30, 1984. The company is one year behind schedule. They greatly underestimated the magnitude of wiring a mature underground utility area. A Muirfield resident, Mr. Jerry Creske, expressed concern because it does not seem that work is being done; laying the cable, etc.; definitive action does not come about from telephone calls to the company; service of present installations is not adequate. Mr. Murray noted that the construction of the cable is contracted out (Maycon Construction got the bid approximately six weeks ago); some easements are required to be obtained; there are no penalty clauses in the contract with Maycon. Mr. Murray said that he would stand by the dates cited previously. Mr. Close said that the Village has the option to cancel the franchise if they do not make reasonable progress forward. [ Request for Use of Council Chambers - Dublin Abbey Players Mr. Sheldon will work with the Dublin Abbey Players to reduce the date conflicts in the schedule. Ms. Maurer moved to approve the use of the Council Chambers by the Dublin Abbey Players, contingent upon a resolution of conflicts with already scheduled activities. Mrs. Headlee seconded the motion. The vote was unanimous in favor. RECORD OF PROCEEDINGS 459 Minutes of Meeting ~ National Graphics Corp,. Cols" O. Form No. 1097 ~ Held .July H>, 1984 19 Page Five "... Council Roundtable Discussion -- 1. Mr. Thornton A. Mr. Thornton noted that the benches along High Street are being used. B. Mr. Thornton said that the time has come to complete Reserve A (the area between Monsarrat Drive and Pebble Creek Drive). Mr. Thornton moved that the Village Manager proceed with the walkway, seeding, and completion of the sidewalk on Pebble Creek Drive in Reserve A. Mr. Sutphen seconded the motion. The vote was 6-0 in favor. Mr. Sheldon noted that if the project cost is less than $5,000, the Village does not have to advertise, and thus an Ordinance will not be necessary. Another purpose served by completion of the Reserve would be to be able to offer emergency service to the three streets immediately east of Monsarrat Drive. 2. Mrs. Headlee A. Mrs. Headlee requested that the Village Staff get developers to mow the weeds on their lots more than once a season. Mr. Sheldon said that approximately 30 letters have been sent out and noted that the Staff does not go out and search for unmowed lots, but that they do respond and follow up on calls and requests from residents regarding same. ,""'- ..... 3. Mr. Sutphen A. Mr. Sutphen commented favorably on the curb being put in on Avery Road and Glick Road. 4. Mr. Amorose A. Mr. Amorose requested that in the future when rezoning applica- tions are presented before Council that information regarding the present zoning be made available to Councilmembers also. B. Frantz Road. The progress is extremely slow and Council, in the future, when Decker Construction bids on a Village project, should keep in mind the Frantz Road construction job. The seeding was improperly done, there are still rocks and debris along the curb, and portions of the sidewalk were put in under existing pine trees. ~ [ C. Mr. Warner said that a letter has been written to the contractor informing him that he is up to 40 plus days in liquidated damages, at $100 per day. A retainage of approximately $25,000 and the seeding cost ($7,000) is being held. Mr. Amorose requested that Mr. Sheldon call and ask Mr. Savko to repair all the test diggings he did along the west side of Riverside Drive. Mr. Sheldon reported that Coffman Road will traffic, for repairs to the bridge which is on July 27, 28 and 29. be closed, except to local 200 feet south of Brand Road, I hereby certify that copies of this Ordinance/Resa ution were posted in the Village of Dublin in accordance with Section 731.25 of the Ohio Revised Code. /) .~ The meeting was adjourned at 9:00 P.M. Mayor - ~~~~.~ Clerk of Coun il