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HomeMy WebLinkAbout02/16/1981 RECORD OF PROCEEDINGS ~H illutes of Village of Dublin ~~b _Hcctillg National Graphics Corp" Cols., O. Form No. 1097 "i. 11 del February 16, 1981 19 The February 16, 1981 regular meeting of Council was called to order by Mayor Headlee at 7:30 P.M. with the following members present: Chambers, Headlee, Lewis, Mand, Maurer, and Shawano Mr. Geese was absent from the meeting. Also present were Mr. Smith, Law Director, Mr. Wolfe, Village Engineer, and Mr. Hel- man, Village Planner. Minutes of the February 2, 1981 meeting were amended by Mayor Headlee. Mr. Lewis moved, seconded by Mr. Mand, to approve the minutes as amended and all present voted in favor of the motion. The listing of bills for February 16, 1981 (attached) were moved for approval by Mr. Mand, seconded by Mr. Lewis, and all members present voted approval for payment of the bills. Mr. Smith referred to the item on the agenda regarding a sewerage lift station for 147 acres south of Rings Road and west of Dublin Road. He recommended to Council that this issue not be discussed since it was not included in the tentative agenda published in the newspapers and that it should be referred back to P & Z for their recommendations to Council pursuant to the requirements on a rezoning as stated in the Charter. He added, any questions P & Z has concerning a policy decision on any issue should accompany their recommendation to Council. Mr. Shawan moved, seconded by Mr. Lewis, to refer this rezoning back to P & Z for action at their March 3, 1981 meeting. All those present voted in favor of the motion. Regarding Donegal Cliffs, Phase II, water tap issue, Mr. Smith said discussion was out of order. He referred to his letter to P & Z members which stated there was no legal objection to this tap if Dan Smith, developer, made a written commitment to handle the water line as originally agreed to, and the use conditional upon availability of 21 taps of said water line. Mr. Mand explained why these issues were before Council and at this suggestion, Mr. Smith recommended a special meeting be scheduled to discuss both water and sewer policy for the purpose of establishing guidelines for P & Z to work from when dealing with these facilities. Mr. Mand moved, seconded by Mrs. Maurer, to schedule a meeting for February 23, 1981 to establish policy concerning 1 water line capacity and committments and forced main/gravity sewerage. Vote on the motion was as follows: 4 Yeas - Headlee, Mand, Maurer, Chambers; 2 Nays Lewis and Shawano Mr. Lewis said he would not be able to attend this meeting. At the request of Mr. Lewis, Mr. Sheldon said a complete report outlining water and sewer installation and the long-range plan for Dublin would be available for this meeting. Mr. Shawan stated he would also like the issue of the looped water line considered for discussion at this meeting. Ordinance No. 07-81 Said Ordinanc~ amending the Subdivision Regulations, Ordinance No. 27-74, to include standard bike trail construction specifications, was read for the second time. This being a Public Hearing on said Ordinance, Mr. Wolfe explain- ed the specifications for the bike path. He said plans are for a 6 foot wide path instead of the 8 foat used by other municipalities. The disadvantages of the wider path are: use by motorized vehicles and the necessity to install barriers at certain points to attempt to restrict use of the paths by these motorized vehicles. Mr. Wolfe added that permanent structures, such as bridges would be 10 feet wide. Mr. Grinch, from the audience, stated he preferred the paths be B feet wide to allow for other uses such as emergency vehicles, strollers, etc. RECORD OF PROCEEDINGS M ilLUtes of Village of Dublin ~JWb ,\1 cet i Ilg National Graphics Corp., Cols" O. Form No. 1097, fI del February 16, 1981 19 Page Two Ordinance No. 08-81 Said Ordinance establishing fees and providing other alternatives for open space requirements of the Village and amending section 450.06 of the Zoning Code was read for the second time. This being a Public Hearing on this Ordin- ance, Mr. Helman appeared before Council to clarify the options available in lieu of open space dedication. There was no opposition to this Ordinance. Ordinance No. 09-81 This Ordinance defining respensibility for damage to municipal property during construction on private property was read for the second time. Ordinance No. 11-81 Said Ordinance appointing members to the Personnel Review Board and the Fores- try Commission was read for the second time. Mr. Chambers moved, seconded by Mr. Lewis, to appoint two persons to the Personnel Reveiw Board and to dis- pense with the three-time reading rule and pass as an emergency. Vote on the motion was unanimous for approval. Mr. Lewis moved, seconded by Mrs. Maurer to appoint Mrs. Gay Lynn Clymer to serve three (3) years and Mr. A. Richard Thomas to serve two (2) years on said Board. Mr. Lewis then moved, seconded by Mr. Mand, to appoint a person to the Forestry Commission and to dispense with the three-time reading rule and pass as an emergency. Vote on the motion was unanimous for approval. Mr. Lewis moved, seconded by Mr. Mand, to appoint Mr. Charles Overby to the Forestry Commission for a term of two (2) years. Vote on the motion and the Ordinance was unani- mous for approval. Resolution No. 05-81 Said Resolution to amend Resolution No. 43-79 establishing an Estates and Ben- efits and Gift Commission was read for the second time. Mr. Smith made refer- ence to questions Mr. Shawan asked at the February 2, 1981 meeting pertaining to taxes from gifts to the city. He referred to a letter (attached) from Mr. Shaeffer, Attorney. In answer to the question whether or not Dublin's general fund and revenue sharing would be affected if we were to receive revenues during a year, Mr. Sheldon said it would have no effect on the revenue sharing and Dublin would only be required to file a supplemental estimate of resources if not listed in the original document. Ordinance No. 12-81 Said Ordinance to authorize purchase of land for Municipal purposes was intro- duced by Mr. Lewis and read for the first time. Ordinance No. 13-81 Said Ordinance amending the Zoning Code pertaining to landscape requirements and setting a public hearing date for April 6, 1981 was introduced by Mr. Mand, and read for the first time. Ordinance No. 14-81 Said Ordinance accepting a bid for two (2) police cruisers was introduced by Mr. Mand and read for the first time. Mr. Lewis moved, seconded by Mr. Mand, to authorize Mr. Sheldon to accept the bid of Dan Tobin Chevy-Olds for a total price of $11,729.38, and purchase two cruisers and to dispense with the three-time reading rule. Vote on the motion and Ordinance was as follows: 5 Yeas - Headlee, Lewis, Mand, Maurer, Shawan; 1 Nay - Chambers. Establishinq Meetinq with C.I.C. Executive Committee The date of March 16, 1981 was set to meet with the Executive Committee of the C.I.C. Mr. Lewis requested that the trustees also be invited to attend. RECORD OF PROCEEDINGS M ill/des of Village of Dublin 'fi~JWbs ,\1 cd ill!!, National Graphics Corp., Cols" O. Form No. l097 ' ,-~;.. II del February 16, 1981 19 Page Three ~ Council Roundtable Discussion Mr. Mand mentioned the deadline for filing tax resolutions had been changed to March 20 and, therefore, would like to have this topic placed on Council's next agenda to discuss the 0.5% increase in taxes which might be set aside for the Capital Improvement program. Mr. Chambers stated he did not feel progress was being made in setting up a 5-year Capital Improvement program and suggested changing the approach that is being taken. Mr. Shawan requested a list of signs,:~n Dublin, that do not meet requirements under the new Sign Code. Also, he would like pieces of concrete removed from the bridge surface on Bridge Street. In regard to wards being established in the Village, he requested a resolution be prepared to allow Mr. Sheldon to proceed with a census count of the Village in the event the Census Bureau fails to meet their April 1, 1981 deadline. Mrs. Maurer asked Mr. Sheldon if he would have Godwin-Bohm prepare information concerning the environmental review district, zoning ordinance update, and fiscal impact models. Also, she asked about the Model Housing Code that was worked on in 1978 by Jack Walters, Architect, Richard Strayer, Ron Jezerinac, Mr. Shawan, and a representative from MORPC. Mr. Sheldon said he would arrang~ for Mr. Walters to supply any materials he may have on this Code and Mr. Shel- don will report his findings to Council. Mayor Headlee adjourned the meeting at 8:35 P.M. l ~/th^-~ f'h d't;.- Mayor - Presiding Officer Clerk of Council BILL LISTING - February 16, 1981 Ohio Dept. of Admin. Services Central Ohio Sheet Metal Co., Inc. National Graphics A.D.S. Office Machines The Dublin Forum The Columbus Dispatch Sheraton Hotels Charles E. Headlee R.P.M. Maintenance American Data Products Columbia Gas of Ohio Clyde E. Williams Dublin Mayor's Court Washington-Perry Township M.O.R.P.C. Ohio Peace Officer Training Academy Frk. Co. Sheriff's Dept. Carter, Schwartz, & Schmidt Northern Family Physicians Inc. Photographic Perspectives Hill Printing Boylan & Cannon Electronics Central Communications Bee Line Aligning Service 161 Car Wash Hall Electronics Mobil Oil Corp. Wilt Auto Parts The Personal Service Ins. Co. Jack Maxton Chevrolet Dublin Auto Parts W. Born & Associates Central Ohio Welding Co. Fik Co. Engineer Excelsior Truck Leasing Gingway Products Co. Elder & Elder Truck Tire Ctr. Plain City Implement The Fifth Avenue Lumber Co. Key Blue Prints Columbus Fire Protection Washington -Perry Township Ace Truck Body Xerox Corporation Moody's B. F. Goodrich Rodenfels Chevrolet Roush Hardware Dublin Hardware & Paint C & SOE Sherman Sheldon Payroll Account Payroll Account Payroll Account- 2nd ~ Feb. Columbus City Treasurer GRAND TOTAL $ 2.50 135.00 18.82 99.60 24.00 120.84 30.00 15.30 400.00 366.72 283.01 1,120.00 50.00 40.00 1,334.00 24.00 580.00 30.00 105.00 7.82 236.00 46.40 17 . 65 15.00 22.50 35.55 1,109.70 173.18 45.25 466.38 16.61 397.35 12.00 28.00 12.75 42.90 9.62 108.47 18.88 31.50 203.28 2,295.00 2,780.00 69.21 64.74 74.90 96.32 25.61 146.16 2,534.63 150.00 33.00 280.50 10,993.46 35.20 $27,414.31 Copy of Administrative Manual Refund Overpayment of Permit Fees Vouchers for Finance Director Repair Clerk's typewriter, supplies Public Meeting Notices Ad for cruiser & pickup truck Registration Fees for meeting Receipt Books for Adm. Clerk Jan. Cleaning Services Office Supplies for Muni-Bldg. Natural Gas/ 129 S. High St. Frantz/Post/33 Intersection Bond Return 2 Fire Permit Fees 1981 Membership Fees Works hip for Police Lt. Jan. Prisoner Boarding Fees X-rays, police applicant Physical, police applicant Film Processing Booklet envelopes for police dept. Parts to install radios in new cruiser Repair light bar in cruiser Align a cruiser Car washes for cruiser Repair cruiser radio Gasoline for cruisers Parts to repair cruisers Additional premium due for new cruiser Repair cruiser transmission Filters & Misc. Parts for cruiser Screens for new cruisers Rental of Acetylene Cylinders Two regulatory signs Seal Kit for Dodge truck Steel for Snow Plow Repairs Tube for truck tire. Parts for John Deere tractor Lumber for shelves in Bldg. Dept. Copies of Maps for Engineer Fire Hydrant Parts Fire Hydrant Maint./4th qtr. 1980. Two new salt spreaders Rental of copy machine Office Supplies, Muni. Bldg. & Police Two tires for cruiser Brake repairs to cruiser & truck Miscellaneous supplies Tools & Park Maint. Supplies Street Lighting; Traffic Control Reirnburse Petty Cosh Part-time street laborers Part-time recreation employees Payroll for full-time employees Water Service - Muni Bldg. , " TO: Dublin Village Council FROM: Smith & Gunner, Village'Solicitors SUBJECT, Charter - Article 4.11 (c) - Interpretation of votes' needed for passage of zoning. \ ( \ DATE: February 11, 1981 We have reviewed the above Charter provision and tried with- out success to contact the original legal counsel for the' Charter Commission, John Gotherman, and our opinion is as follows: The first provision of Section 4.11 (c) of the Charter reads that "a concurring vote of at least two-thirds of the membership of Council shall be necessary to pass any zoning ordinance or resolution which differs from the written recommendations of the Planning and Zoning Commission." The key word in this section is "pass". There is a requirement of two-thirds vote of Council to pass a different zoning resolution than recommended by P & z. There is ~ requirement of a 2/3 vote to defeat a zoning recommendation of P & Z. A simple majority is sufficient. The .eeend half of Section 4.11 (c) states "but in no event shall an ordinance or resolution be considered as having passed unless it receives at least a majority vote of the members of Council." This section is fairly self-explanatory and states that a zoning ordinance needs at le~st:"f~ur v.<?tes to pasa s~-;'t:;hat. if only a quorum is present, a simple majority of the quorum woul ~ be sufficient to pass a zoning ordinance unless the majority was at least four (4) votes. ~ ~ - ~. .., -:/1 ----... aS~I2'" )PhenL'J; ~~.; / . ( ) ..::..~, n ~ .... __ C( . L......... ''",_ I _"' . M~c ae . unner ~