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HomeMy WebLinkAbout02/04/1985 RECORD OF PROCEEDINGS Minutes of Dublin Village Council Meeting ~iYfb Meeting National Graphics Corp., Cols., O. Form No. 1097 ~ Held February 4,1985 19 The regularly scheduled meeting of the Dublin Village Council was called to order by Mayor James E. Lewis on Monday, February 4, 1985 at 7:30 P.M. Mr. Thornton led the Pledge of Allegiance. Members of Council present were: Mr. Amorose, Mr. Close, Mrs. Headlee, Mayor Lewis, Ms. Maurer, Mr. Sutphen, and Mr. Thornton. Mr. Mitchell Banchefsky, Assistant Law Director was present as was Mr. Sheldon, Village Manager. Members of the Village Staff present were: Mr. Warner, Ms. Prushing, Mr. Bowman, and Mr. Carr. Mr. Amorose moved to approve the minutes of the January 21, 1985 Council Meeting. Mr. Sutphen seconded the motion. The vote was unanimous in favor of approval of the minutes of the January 21, 1985 meeitng of the Dublin Village Council. After receiving confirmation from Mr. Sheldon that the facilities at Nautilus were in fact being used by Village Staff, Mr. Sutphen moved to approve payment of the bills. Mr. Thornton seconded the motion. The vote was 7-0 in favor of paying the bills. Correspondence 1. A request from the Christ Child Society for a one day liquor permit for Saturday, March 2, 1985 from 7:30 P.M. to Sunday, March 3, 1985 12:30 A.M. for a function to be held at the OCLC Atrium. There were no objections to the request. 2. A request for a new license from Chi Chi's of Ohio Incorporated. The request was for a DS-A license which permits the following: "Spirituous liquor for on premises consumption only, beer and wine for on premises, or off premises in original sealed containers, until 2:30 a.m. for hotel or motel with 50 or more rooms for transient guests." Mrs. Headlee raised an objection regarding the sale of beer and wine for off premises consumption. The Law Director's office was requested to research the matter further and report back to Council at the next Council Meeting (February 18, 1985). Public Hearing Ordinance No. 07-85 - Rezoning of 11.45 Acres at Sawmill and Martin Roads. Second Reading. Public Hearing. Mayor Lewis summarized for those present the Council Rules of Order for a Public Hearing. Mr. Ben Hale, Jr. and Mr. Larry Helman registered as proponents, and Mr. H. C. Dougherty, Mr. Greg Sabo, Mr. Ed Ryan, and Mr. James Wood registered as opponents. Mr. Ben Hale, Jr. of 37 W. Broad Street, representing Meijer Food spoke first. His comments were as follows: 1. The site is approximately 300' wide and is on the south side of Martin Road. 2. The site is part of a larger site owned by the Ressler family and is a part of the Sawmill Road Corridor Plan which was passed by Columbus in 1979. 3. As a part of that plan an effort was made to organize the road systems. 4. About that time Dublin enacted their Corridor Development Plan and also took the parts of Sawmill Road that were in Dublin, trying to organize those in terms of road systems and land uses. On the Plan it was envisioned that the loop would be completed and Martin Road would go into that loop. " RECORD OF PROCEEDINGS Minutes of Dublin Village Council Meeting national gral2!Jlj:S Meeting National Graphics Corp., Cols., O. Form No. 1097 ~ Held February 4, 1985 19 Page Two S. Subsequent to that, the parcel was brought in for rezoning - the back portion zoned in a double classification and the front portion in a Community Commercial classification. 6. Meijer Inc. has entered into a contract to buy the entire piece of property. 7. A portion of the loop is dedicated to the City of Columbus. 8. A Final Development Plan has been filed. 9. The developer was requested by the Village Law Director to go through the rezoning process again because of the time lapse of almost six years. Mr. Helman presented the following comments and observations: 1. The present plan does not deviate from any plan that exists for this particular corner. 2. The 49 acres in Columbus is zoned Commercial Planned District and the 11 acres in Dublin is zoned P.U.D. 3. Reading from the Traffic Recommendation Section of the Dublin 161/Sawmill Corridor Plan by Mr. Helman is the following quote: "It is also recommended that the use of Martin Road to carry through traffic between U.S. 33 and Sawmill Road to potentially bypass S.R. 161 be totally discouraged. Not only is Martin Road a residential street but the Martin Road/U.S. 33 inter- section suffers from poor visibility. It is proposed that Martin Road tee into a major roadway loop that is part of the Sawmill Corridor Plan - in lieu of going straight through to sawmill Road." 4. The Dublin landscaping requirements have been exceeded, costing in excess of $125,000.00 - heavy screening and with entry features such as large mounding. S. Nothing will be done on the 125' south of Martin Road which is the same depth as the lots are to the fronts of the houses. 6. There are no structures in the Dublin portion (the 125' buffer zone). 7. The lighting will be provided at the loop intersection. 8. Mounding and landscaping will mark the beginning of the residential street. Mr. Close asked a question regarding the number of buildings in the Dublin portion. Mr. Helman said that there would be no buildings in the 125' (buffer) area; an area which will be also a no build zone as well as a no access zone. In the western portion of the Dublin part of the tract (between the 125' buffer zone and the area south of Martin Road) there will be approximately 12 units per acre. Mr. Hale said that when the property was zoned in 1980 it was stipulated that any structures built in the area would only be doubles (two family buildings). Mr. Helman noted that would encompass two to three acres in the Dublin portion. Responding to a question from Mr. Amorose, Mr. Helman made the follow- ing comment. He affirmed that there would be a 36' improved curb and gutter on Martin Road (on both sides of the street); thus, a 36' road with 60' of right-of-way. He also said that Martin Road west of the loop will match the existing Martin Road. The small vacated area north of Martin Road at the intersection will be deeded in any way the Village desires. The developer would like it to be part of the right-of-way and would be happy to sign a long term agreement for any maintenance. The elevations of the mounding on the south side of Martin Road will be a minimum of three feet, and will go south from " RECORD OF PROCEEDINGS AJ inutes of Dublin Village Council Meeting national graoo~ Meet ing National Graphics Corp., Cols., O. Form No. 1097 ~ -----1--- 11 eld February 4, 1985 19 Page Three Sawmill Road to the proposed site. The area west of the loop road down Martin Road will be mounded and planted at the time of construction of the building(s). Mr. Close expressed concern regarding the encouragement of additional traffic along Sawmill Road due to the fact that the widening of Sawmill Road is approximately 10 years away. Mr. Dougherty of 2956 Martin Road registered as an opponent to the plan. Mr. Dougherty said that he had told Mr. Harrison Smith, Jr. and Mr. Helman that he was not in favor of a limited access. It was determined that as part of the Final Development Plan, Mr. Dougherty will have his own curb cut on to Martin Road (just as he does now). Mr. Greg Sabo of 3250 Atlin Avenue in Riverside Green spoke in opposi- tion to the plan. Mr. Sabo said that the proposed stores would be similar to Gold Circle and a Fazio food store. He expressed concerns regarding the increase in traffic in the area as well as the potential for an increase in crime in the parking lot area. He felt that there were sufficient shopping areas in the northwest section of Columbus at the present time. Mayor Lewis, with affirmation by Mr. Helman, noted that the section of the tract addressed by Mr. Sabo has already been approved by Columbus. Mr. James Wood of 6449 Martin Place spoke in opposition to the project. Mr. Wood said that he felt that the Village Council was aiding and abetting the increase in traffic in the Sawmill Road area. He felt that nothing should be rezoned until the roads are widened, specifically Sawmill Road. Responding to a question from a resident in the audience, Mr. Helman noted that the area has been zoned as it is for five years. Mr. Hale noted also that at about the same time Columbus annexed all of Sawmill Road, from 1-270 to Bethel Road, indicating that the City of Columbus (as a result) has the responsibility for the widening and improvement of Sawmill Road as well as for signalization. The road, in the City of Columbus, which lines up with Martin Road will be signalized. Mr. Hale said that the Columbus portion of the tract is zoned CPD (Commercial Planned District) while the Dublin area is zoned P.U.D. Under the CPD designation this tract was done as a part of a very large zoning. The uses allowed on this property are C-4 (a general zoning classification including "virtually anyting"). The only thing it does not include are gas stations. One does not have to go through any process in Columbus other than to file a building permit. Mr. Helman mentioned that there is a coordinated signal pattern which affects the entire road south up to Bethel Road. He also said that there will be a median on the whole length of Sawmill Road except at the points where signals exist (6 points). Mr. Hale also said that Columbus will put on the bond package, which will be proposed to voters, the widening of Sawmill Road and Bethel Road. The Federated stores will also be required to put in four lanes in front of their mall. Mr. Thornton expressed concern regarding the multi-family on the small parcel in Dublin, especially regarding the fact that a portion of same would be in Columbus, resulting in split services (fire, police, etc.). Mr. Close said that could also be true with the commercial area. I" I I .' RECORD OF PROCEEDINGS Minutes of Dublin Village Council Meeting national graoo!S:S Meeting National Graphics Corp., Cols., O. Form No. 1097 ~ Held February 4, 1985 r 19 Page Four Mr. Hale said that they would be willing to agree that nothing would be built in that section without prior approval of Dublin Village Council and/or the Planning and Zoning Commission. Mr. Sutphen said that he felt that no multi-family should be built in the Dublin portion. Mayor Lewis raised a question with regard to the accuracy of the of the January 23, 1985 Planning and Zoning Commission Meeting. Headlee said that the minutes were accurate in that the Planning Zoning Commission voted to refer the rezoning request to Council a recommendation of approval or disapproval. Responding to a question from Ms. Maurer, Mr. Banchefsky said that the tract was zoned P.U.D. in 1979. Because there was a possibility that the original rezoning might have lapsed, the developer was requested by the Law Director to re-submit the rezoning request. minutes Mrs. and without Ordinance No. 01-85 Tabled Item. Appointment to the Personnel Board of Review. Mrs. Headlee moved to remove the Ordinance from the table. Mr. Sutphen seconded the motion. The vote was as follows: Mrs. Headlee, yes; Mr. Amorose, yes; Mr. Lewis, yes; Mr. Close, abstain; Mr. Thornton, yes; Mr. Sutphen, yes; and Ms. Maurer, yes. Ms. Maurer nominated Mr. James H. Chisman to serve on the Personnel Board of Review. Mr. Sutphen seconded the motion. The vote was as follows: Mrs. Headlee, yes; Mr. Amorose, yes; Mr. Lewis, yes; Mr. Close, abstain; Mr. Thornton, yes; Mr. Sutphen, yes; and Ms. Maurer, yes. Ordinance No. 03-85 - To Accept a 4.9 Acre Annexation - Roadway Only. Second Reading. There were no comments or discussion. Resolution No. 04-85 - Express the Intent to Have Dublin Declared a City. First Reading. Mr. Close introduced the Resolution. Mr. Thornton said that he felt that before he can make an intelligent decision on the matter he would like to see all pertinent information put down in writing, getting input from the various departments of the Village (fire, police, etc.). Ms. Maurer reiterated her position - that she felt a public meeting or town meeting is necessary for a thorough discussion. She said that she would not be willing to declare her intention until having an opportunity to participate in such an ongoing process and said that she was strongly against making a commitment at the present time regarding her intent as to when the Village should become a city or whether, in fact, it should become one. Mayor Lewis said that whether or not Dublin becomes a city has no bearing on the respective Fire Departments currently serving Dublin; they would continue to serve the respective townships in which they are located whether Dublin is a Village or a City. RECORD OF PROCEEDINGS Minutes of Dublin Village Council Meeting ~~J:s Meeting National Graphics Corp., Cols., O. Form No. 1097 ~ Held February 4, 1985 I 19 Page Five Mr. Sheldon and the Law Director will prepare for members of Council written information regarding city status. Ms. Maurer said that she would like that information to be available for citizens as well. Mr. Close said that he is in favor of Dublin becoming a city. Ms. Maurer said that she would also like input on whether or not Dublin seeks to be a city from the school board, the fire department, the officials of the townships, etc. - other governmental bodies which might be affected by the decision. The decision was made to consider this a First Reading and will be discussed at the February 18, 1985 Council Meeting to allow for additional input from interested citizens. Resolution No. 05-85 - The Intent to Redivision the Four (4) Wards. First Reading. Mr. Close introduced the Resolution. Mayor Lewis commented that according to the Director of the Board of Elections, if Dublin intends to follow through with the redivision of the wards, the act must be accomplished 150 days prior to the November general election or no later than June 7, 1985 to be considered, perhaps, at the first Council Meeting in March. Mayor Lewis also said that according to the number of registered voters in 1984 there are some wards with twice the number of registered voters as other wards, and that the Charter charges to Council the responsibility for equal division of the wards in regard to general elections in the community. Mayor Lewis also said that he felt that this was the appropriate time to give the matter serious consideration. Mr. Amorose said that at first reading it did appear as if those persons drafting the Charter did intend that the distribution of the wards be considered from time to time. However, Mr. Amorose suggested examining the real intent of those drafting and campaigning for the adoption of the Charter. He said that he had contacted the Chairman, Vice-Chairman, Secretary and several other members of the 1979 Charter Commission. They were asked, by Mr. Amorose, what their reasoning was behind dividing the Village into four wards, having a member of Council elected from each of the four wards, and having three members of Council elected at large. Their responses were as follows: "The population was a consideration; however, the members felt, at that time, the wards would develop at approximately the same rate, and that geographical areas were more of a concern than population size. The intent was that all areas of Dublin would be guaranteed fair representation. They felt that some areas would certainly develop with a higher density than other areas. However, by setting up the ward system all citizens with different needs would be more fairly represented - that those areas that did develop first, and at a higher density, would be fairly represented by the fact that three council persons would be elected at large. This proved to be true in the last election with the three at-large members elected residing north of Brand Road in a more densely populated area of Dublin. The ward system is somewhat fashioned after our national government which elects two senators from each state regardless of its population or geographical size, and elects representatives to the House by population." Mr. Amorose further stated that Dublin is growing rapidly. Should the ward boundaries be changed every four years or does the Village let the area develop with the citizens fairly represented and make some minor correction in ward boundaries after the Village has experienced sufficien RECORD OF PROCEEDINGS Minutes of Dublin Village Council Meeting ~~ICS Meet illg National Graphics Corp., Cols., O. Form No. 1097 ~ Held February4~1985 19 Page Six development the wards. deceive the to make a fair and intelligent decision on the re-division Mr. Amorose suggested that the members of Council not electorate with the gerrymandering of the wards. of Mrs. Headlee said that she was on the Ward Committee with Mr. Chambers and Mr. Shawan, and that they tried to take into consideration the growth in the different areas, knowing that the east side of the Scioto River would not grow as fast as the west side in terms of population. Mrs. Headlee also said that if this were done every four years, every member elected to Council would be a lame duck on the day he/she was elected. She also said that she was shocked with regard to the Resolution. She said that it was her understanding that the wards would remain as they are at the present time. Mr. Close sadi that he understood Mr. Amorose's and Mrs. Headlee's comments but that he disagreed. He said that this is not a federal form of government. Mr. Close also said that the Charter says that the Village will redo the districts, and he also said that changing the wards every five years does not necessarily make anybody automatically a lame duck. The laws existing today would require that any realignment done would be done by census track, indicating that he did not feel it was gerrymandering. Mr. Close also said that there are a number of ways the wards could be divided - perhaps east/west access, for example. Mr. Thornton had a question regarding the interpretation of the Charter, noting that the Charter does say the wards will be adjusted to reflect the population, but it does not say how often it should be done. Mr. Thornton also said that he felt every four years was too frequent. Mr. Sutphen said that he agreed with Mr. Thornton, and also said that he was not planning to run again. Ms. Maurer said that she tended to agree with Mrs. Headlee and felt that it was too soon to change divisions; perhaps allowing the population to even out. Mayor Lewis said that he generally agreed with the general observations of Mr. Close. He indicated that the four year period was not the question; the real question being the equal distribution of representa- tion on Council as intended by the Charter. If Council does not do it this year the next election will be in 1989, and then it would probably be postponed until after the 1990 census for the 1995 election. By that time the populations of the wards might be five times some of the geographical separating lines. The Mayor said that Dublin is a Village, not five or six subdivisions, and also said that he felt it is the duty of Council to act in the best interest of the Village. He said that he felt perhaps the Village should put on the ballot an amendment to the Charter and do away with the wards. Mayor Lewis also said that he thought the wards added to the confusion of the community; the growth of the community will be experienced for some time and said that he did not feel that they served the best interest of all of the people in the community. Mayor Lewis also said that members of Council would welcome public input regarding this matter. Ordinance No. 08-85 - Amending the 1985 Annual Appropriations. First Reading. Emergency. Mrs. Headlee introduced the Ordinance. Mr. Close moved to do away with the three time reading rule and treat as an emergency. Mr. Sutphen seconded the motion. The vote was 7-0 in favor. The vote on the Ordinance was unanimous in favor (7-0). ", RECORD OF PROCEEDINGS Minutes of Dublin Village Council Meeting national graoo!S:S AJeetillg National Graphics Corp., Cols., O. Form No. 1097 ~ Held February.4, 1985 19 Page Seven Council Roundtable Discussion 1. Mr. Thornton Mr. Thornton mentioned his previous request for a centralized location, perhaps with a sign board, to accommodate civic groups, the schools, DYA, etc. who wish to advertise activities, dinners, sign ups, etc. Mr. Sheldon said that he would research the matter. 2. Mr. Sutphen Mr. Sutphen had a question regarding the gas line being installed along Memorial Drive. Mr. Sheldon said that the Gas Company will be contacting homeowners regarding their interest in receiving said service. 3. Mayor Lewis Mayor Lewis announced that March 4-11, 1985 is being promoted as Operation Feed Week for Central Ohio. He encouraged residents of Dublin to contribute, and said that a receptacle for donations will be provided in the Municipal Building during that week. Mayor Lewis commented on the fact that last year the Village of Dublin changed the manner in which the Village does negotiate and contract with the Gas Company and subsequently "came out a winner". He noted that Columbia Gas is seeking the largest rate hike ever. Mayor Lewis cited the following statistics regarding rate hike increases: Marble Cliff, 18.5%; Columbus, 8.4%; Grove City and Grove- port, 7.0%; Whitehall, 7.6%; and 2.3% for Dublin. The above statistics reflect the decision of Dublin to participate in the regional rate as opposed to contracting separately as a Village. Mayor Lewis had several comments regarding the Scioto Bridge re- habilitation project, mentioning recent news items regarding same; specifically, a recent article reporting on the concerns of Dublin merchants. Originally it was thought that the project would be out for bid in February. At the present time it is hoped that construc- tion on the project will begin in June with completion the first part of November, 1985. The O.D.O.T. has advised the Village that they would like more time to review the plan which would mean a start date of July or August. If that should occur, that would put the construction over the winter period and probably would run, in- stead of five months, for some indeterminate period of time, perhaps even ten or eleven months. The Village does not agree that they should have more time and in this regard the County Commissioners (Jack Foulk, Dorothy Teater, and Roger Tracy) wrote a letter to Mr. Warren Smith (the Director of the O.D.O.T.) stating their support of the Village of Dublin's plea to have the review of the plans completed as soon as possible so that bids stay on schedule and be taken in April of 1985. 4. Mayor Lewis recommended, for reading, to members of Council the book How Democracies Perish,published by Doubleday. The book deals with the role of the public, the voters, and people, in the success or failure of government. The meeting was adjourned by Mayor Lewis at 8:57 P.M. /,) o...//J / J/!C0L<-t.<7 ~1, &-{/~~ Clerk of Council