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REGULAR COUNCIL MEETING OF JULY 19, 2010

The regular, scheduled meeting of the Council of the Village of Marble Cliff was held Monday, July 19, 2010 in the Village Hall at 1600 Fernwood Ave. at 7:00 pm.  Those in attendance were: Council Members: David T. Roark, Matthew A. Cincione, John F. Kukura, Linda J. Siefkas, and Kendy A. Troiano; Mayor Kent E. Studebaker, Village Solicitor, Mitchell Banchefsky, Village Engineer, Louis McFarland, Administrative Assistant, William Johannes and Fiscal Officer Cynthia McKay. Visitors were present. Mr. Cincione moved Council Member Robert W. Sterneker be excused. Mr. Roark seconded. The motion passed unanimously. 

VARIANCES AND PERMITS

            Mayor Studebaker introduced the first reading of O-2266-10, An Ordinance granting a Front Yard Setback Variance to Joe Daubel, for the property at 1974 Village Court, in the Village of Marble Cliff. Ms. McKay reported that all property owners within 100 feet of 1974 Village Court were notified of Mr. Daubel’s variance request and all property owners except the Pennsylvania Lines, Inc. have waived the 20 day notice requirement. Council was provided copies of the waivers and Mayor Studebaker called attention to one waiver on which the property owner expressed dissatisfaction with the length of time that the 1974 Village Court property has been under construction and the condition of the property during construction. Mayor Studebaker confirmed the Village’s historical practice of not acting on a request within the 20 day notification period unless all waivers are received. Mr. Banchefsky reiterated Mayor Studebaker’s understanding of the Village’s historical practice concerning waivers. However, he stated the Council could choose to act without the railroad’s waiver. Mr. Banchefsky stated that, if Council chooses to suspend their rules and take up the variance request and they choose to pass the ordinance as an emergency, the railroad would not have the benefit of the 20 day notification period and the Council’s action would be effective immediately. The railroad property does not adjoin the 1974 Village Court property, but is within 100 feet of the property. Mayor Studebaker confirmed that to his knowledge in his time serving the Village the railroad has never responded to or commented on a variance or zoning action on property lying within 100 feet of its property. Mr. Cincione moved the rules be suspended. Mr. Roark seconded. The motion passed unanimously. Mr. Cincione moved the adoption of O-2266-10. Mr. Roark seconded. The motion passed unanimously. Mr. Cincione moved the ordinance be adopted as emergency legislation in order for the construction to be completed during the current construction season. Mr. Kukura seconded.  Roll call: Mr. Roark, yes; Mr. Cincione, yes; Mr. Kukura, yes; Ms. Siefkas, yes; Ms. Troiano, yes. The motion passed unanimously. 

CONSENT AGENDA

 Council discussed Mr. Sohovich’s email. Mayor Studebaker will respond to Mr. Sohovich. 

Mr. Cincione moved the adoption of the Consent Agenda. Mr. Roark seconded. The Consent Agenda was adopted unanimously.  

MAYOR’S REPORT

            Mayor Studebaker reported the first edition of Tri-Village Magazine has been received in Marble Cliff, Grandview Heights, and Upper Arlington. He encouraged Council members to make suggestions for future articles and a brief discussion of possible future topics followed. Ms. Siefkas has agreed to help develop content of future articles.          

            Mr. Johannes asked Council for approval of renewing the agreement with Brad Conaway to provide leaf collection in the Village. Mr. Conaway is offering his services at the same cost as last year; $165 per hour. Council concurred with Mr. Johannes’ recommendation for leaf pickup. Mr. Johannes stated he and Mayor Studebaker are developing a plan to address residents around Arlington Ave. circle and Village Court circle who have been dumping yard waste into the leaves which can damage Mr. Conaway’s equipment. 

            Mayor Studebaker reported he and Ms. McKay met with a representative of MORPC. The discussion included economic development support and possible expansion of COTA services to the Medical Office on Marble Cliff Office Park at Dublin Rd.  

            Ms. McKay reported, in response to a request from the Tri-Village Medical Practice, she and Mr. McFarland discussed the possibility of changing the address of 2150 Marble Cliff Office Park, Suite B to a Dublin Road address. During a tour of the facility the office manager expressed concern to the Mayor and several Council Members that patients are having a hard time finding their new facility. The office manager suggested a Dublin Road address might be easier to locate. Mr. McFarland does not recommend such a change citing standard civil engineering recommendations along with identifying safety concerns related to potential confusion for emergency responders of having one building with two different streets as part of the certified addresses.

Ms. McKay will report the engineer’s comments to the Tri-Village Medical Practice’s office manager. 

ENGINEER’S REPORT

            Mr. McFarland reported the crack sealing and SPARS has been completed on Arlington Ave. The slurry seal will be completed after August 1^st.  

            Mr. McFarland reported he and Ms. McKay have completed a first draft of an OPWC Application for funding of the Dublin Road Storm Sewer Rehabilitation. Council agreed to hold a Public Hearing on the project at its regular August Meeting and asked Ms. McKay to bring the necessary authorizing legislation to the same meeting. The application deadline is September 7, 2010. Mr. McFarland stated he has contacted ODOT to determine if they are able to participate in the project costs. He is waiting for a response. 

            Mr. McFarland reported the flow monitoring project is ongoing. He reported the portion of the sewer system serving the W. Third Ave. and Arlington Ave. which drains down behind the America’s Motor Coach property at Cardigan Ave. and Dublin Rd. is emerging as a primary area of concern. The related sewer mapping project is partially complete with 33 manholes yet to be surveyed. 

            Mr. McFarland presented recommendations for 2010 sidewalk maintenance. He recommended completion of three small projects including lifting, grinding and some sidewalk panel replacement on Arlington Ave. south of W. Third Ave., replacement of a driveway apron at 1261 Cambridge Blvd., repair of a driveway entrance at 2079 W. Fifth Ave. and, if funding permits, lifting, grinding, and some panel replacement on Arlington Ave. north of W. Third Ave. Council approved the project recommendation list up to the $10,000 budget amount approved as part of the 2010 General Fund Appropriations.

            Council had a discussion of long term sidewalk and driveway apron maintenance financing options.  

Mr. McFarland left the meeting at this point. 

SOLICITOR’S REPORT

Mr. Banchefsky had no report for Council.  

ADMINISTRATIVE ASSISTANT’S REPORT

Mr. Johannes had no report for Council.APPROVAL OF BILLS

Mr. Cincione moved approval of the July 2010 bills totaling $89,003.38.  Mr. Roark seconded. The motion passed unanimously. Mr. Kukura moved approval of the amended June 2010 bills totaling $87,648.70. Mr. Cincione seconded. The motion passed unanimously. 

FISCAL OFFICER’S REPORT

Mr. Cincione moved approval of the following supplemental appropriations:

            $300 from 1000-710-351-0000–Insurance and Bonds to 1000-710-391-000–      Dues and Fees.

            $20,000 from 1000-800-590-000-Capital Projects to 1000-730-346-0000-            Engineering Services.

Ms. Siefkas seconded. The motion passed unanimously. 

OLD BUSINESS

            Mr. Cincione reported he met with representatives of Upper Arlington and Grandview Heights as part of ongoing discussions between the communities to identify opportunities for reducing operating expenses through shared purchasing or services. He reported the recent discussions centered on grouping health insurance purchasing and expanding options for sharing and promoting Parks and Recreation opportunities between UA and GH. Mr. Cincione will continue to participate in the meetings on the Village’s behalf.  

NEW BUSINESS

            Mayor Studebaker reported he has approved a permit for a mobile storage unit at 1418 Cambridge Blvd. up to July 28, 2010. Mr. Kukura suggested office staff notify residents of the Village restrictions if a mobile storage unit is placed in the Village. 

            Ms. Troiano asked if the Village limits or regulates political signs. Mr. Banchefsky stated federal and state courts have ruled that limiting or regulating political signs is not permitted. However, political signs may not be placed in the Village right of way. 

ADJOURN

Mr. Roark moved the meeting be adjourned. Mr. Cincione seconded.  The motion passed unanimously.  Mayor Studebaker adjourned the meeting at 8:15 PM. 

Approved by:                                                               Submitted by: 

David T. Roark                                                            Cynthia A. McKay
Council President Pro Tem                                          Fiscal Officer

REGULAR COUNCIL MEETING OF JUNE 19, 2010 

The regular, scheduled meeting of the Council of the Village of Marble Cliff was held Monday, June 21, 2010 in the Village Hall at 1600 Fernwood Ave. at 7:00 pm.  Those in attendance were: Council Members: David T. Roark, Matthew A. Cincione, John F. Kukura, Linda J. Siefkas, Robert W. Sterneker and Kendy A. Troiano; Mayor Kent E. Studebaker, Village Solicitor, Mitchell Banchefsky, Village Engineer, Louis McFarland, Administrative Assistant, William Johannes and Fiscal Officer Cynthia McKay. No visitors or press were present. 

CONSENT AGENDA

 Mr. Roark moved the adoption of the Consent Agenda. Mr. Cincione seconded. The Consent Agenda was adopted unanimously.  

MAYOR’S REPORT

            Mayor Studebaker reported he represented the Village at the dedication of the Our Lady of Victory’s newly renovated sanctuary and chancel.  

ENGINEER’S REPORT

            Mr. McFarland reported a small sinkhole has developed on Cambridge Blvd. immediately north of the intersection with W. Third Ave. The sanitary sewer under Cambridge Blvd. just north of Third Ave. in the area of the sinkhole was cleaned and televised to determine if the sinkhole is related to the sanitary sewer. The investigation revealed the sewer is in very good condition and did not indicate that the sinkhole is related to the sewers or any of the water lines in the area. Mr. McFarland presented three quotes to have the sinkhole filled and the street repaired. Decker Construction’s quote for $2,000.00 is the lowest received. Columbus Asphalt Paving and Strawser Paving also submitted quotes for $4,149.00 and $4,422.00 respectively. Mr. McFarland recommended the Decker quote be accepted. Mr. Cincione moved acceptance of the Decker Construction bid of $2,000.00 for repair of the sinkhole on Cambridge Blvd. north of W. Third Ave. Mr. Roark Seconded. The motion passed unanimously.  

            Mr. McFarland presented quotes for the crack and slurry seal of Arlington Ave. He recommended the Village accept the bid of $19,500.00 from American Pavements for the crack seal, SPARS w/Slurry and the bid of $4,261.15 from Griffin Striping for the removal and replacement of pavement markings. Council discussed the project.

            Mayor Studebaker introduced the first reading of O-2265-10, An Ordinance to amend Ordinance O-2230-09 (2010 APPROPRIATION ORDINANCE) to make a supplemental appropriation of the Street Fund. Mr. Cincione moved the rules be suspended. Mr. Kukura seconded. The motion passed unanimously. Mr. Cincione moved the adoption of O-2265-10. Mr. Kukura seconded. The motion passed unanimously.  

            Mr. Cincione moved acceptance of the bid of $19,500.00 from American Pavements for the crack seal, SPARS w/ slurry of Arlington Ave. and the bid of $4,261.15 from Griffin Striping for the removal and replacement of pavement markings on Arlington Ave. as recommended by the Village Engineer as revised option three. Mr. Sterneker seconded. The motion passed unanimously. 

            Mr. McFarland reported the engineering plans for the repair and upgrade of the storm water sewers and outfalls along Dublin Rd. are approximately 90% complete. The preliminary engineer’s estimate for the portion of the project that would address the necessary repairs identified by the cleaning and televising of the various sewer lines is approximately $40,000.00. The estimate for the full project which would include upgrading the outfalls and clearing the trees and bushes over the sewer lines and outfalls is approximately $80,000.00. Council discussed various options and schedules for the project including the possibility of pursuing OPWC funding. Mr. McFarland said he and Ms. McKay have discussed the possibility of applying for OPWC funds for the project to resurface W. Third Ave. and could pursue funding for either or both projects. The next OPWC round of funding the Village can apply for would be awarded in 2011.

Mr. McFarland and Ms. McKay stated their opinion that, because the Village went through the OPWC application process in 2009, much of the information required for a new application is already completed or could be developed by office staff. That would reduce the cost of the application process to the Village.

            Mr. McFarland stated his opinion that the Dublin Rd. Stormsewer repair work could be delayed until 2011. However, Village officials will need to monitor the condition of the road and address any problems that arise. Council asked Mr. McFarland and Ms. McKay to develop preliminary scoring for an OPWC project and present the information to Council at the July meeting.  

            Mr. McFarland reported the flow monitoring project for compliance with the OEPA Findings and Orders is ongoing. The data collected to date indicates there is some infiltration and inflow (I & I) occurring in the Village’s sanitary sewer system. 

Mr. McFarland left the meeting at this point. 

SOLICITOR’S REPORT

Mr. Banchefsky had no report for Council.  

ADMINISTRATIVE ASSISTANT’S REPORT

            Mr. Johannes reported Trinity United Methodist Church’s custodian reported the bench which the Village placed many years ago on the church’s property at the bus stop on W. Fifth Ave. and Cambridge Blvd. had deteriorated. Mr. Johannes confirmed the condition of the bench and had it removed by the Grandview Heights Service Dept. 

            Mr. Johannes reported the first edition of the Tri-Village Magazine will be published in July. He stated Ms. Siefkas wrote several articles for the issue. Mr. Johannes encouraged Council to suggest ideas for articles as well as provide pictures of Village events.  

APPROVAL OF BILLS

Mr. Cincione moved approval of the June 2010 bills totaling $87,693.70.  Mr. Roark seconded. The motion passed unanimously. 

FISCAL OFFICER’S REPORT

            Ms. McKay provided information as follow-up to the discussion at the May Council meeting regarding the long range planning. Ms. McKay reported she spoke with the Franklin County Auditor’s Office to determine the tax implication on property owners of the Village’s inside millage assessment. The Village’s current inside millage of .35 equates to $10.72 per year on a home with a “Market Value” of $100,000. An increase to .70 would equate to $21.44 per year on a $100,000 home and an increase to 1.0 would equate to $30.63 per year on a $100,000 home. She also reported she and Mayor Studebaker met with Village tax consultant, Robert Curtin to discuss the benefits of adopting mandatory income tax filing requirements for Village residents, inter-community reciprocity for income taxes paid, and “days in/days out.” Mr. Curtin strongly encouraged the Village to adopt mandatory filing and encouraged the Village to educate residents on the benefits of “days in/days out” reporting and filing.

            Ms. McKay reported she is continuing to gather information regarding enterprise funds, but does not have anything to report at this time. She also summarized the processes in nearby communities for assessing property owners for sidewalks and street lights. Grandview Heights and Upper Arlington require property owners to maintain sidewalks and driveway aprons at their own expense. Mayor Studebaker reported

Mr. McFarland is developing a report on the Village’s sidewalks which will include recommendations for work to be done as well as possible funding options.

            Council discussed the information provided.  Mr. Cincione stated his opinion that the Village should move toward increasing the inside millage. Several members of Council concurred. Mr. Sterneker stated the importance of interpreting any increase in the inside millage to the residents before any action is taken. Mr. Sterneker stated his support for mandatory income tax filing. Ms. Siefkas recommended that the Council communicate the options being considered to the residents and explain the reasons for any decisions made by Council. Council discussed drafting a letter or newsletter for residents as well as scheduling a public meeting. Council asked Ms. McKay to draft a communication to property owners. Ms. Siefkas offer to assist with the communication.  

Mr. Cincione moved approval of the following supplemental appropriations:

            $4,000 from 1000-599-399 – General Maintenance to 1000-730-640 –    Building Inspections.

            $500 1000-410-347 – Planning Consultants to 1000-730-610 – Plan Review     Deposit Refund

Ms. Siefkas seconded. The motion passed unanimously.           

OLD BUSINESS

Mayor Studebaker introduced the third reading of O-2260-10, An Ordinance adopting a budget for the year 2011 for the Village of Marble Cliff. Mr. Sterneker moved the adoption of O-2260-10. Mr. Cincione seconded. The motion passed unanimously. 

            Ms. Troiano reported she has met with representatives of several small communities and discussed their policies for responding to requests for charitable contributions. She reported that most communities have a policy not to make contributions to other organizations. The few exceptions appear to be related to support of schools in the event of a “dire need” or organizations providing services to military personnel and their families. Following a discussion, Council decided to restate and confirm their previously held position that until the Village’s financial outlook improves, the Village will not make charitable contributions to other organizations.  

            Mayor Studebaker reported the ADA handicapped ramps have been completed at the intersection of W. Fifth Ave. and Dublin Rd. 

NEW BUSINESS

            Mayor Studebaker introduced the first reading of O-2263-10, An Ordinance authorizing the Mayor and the Fiscal Officer to execute an agreement to renew the policy with Ohio Government Risk Management Plan for Property, Liability, Wrongful Acts, Automobile, Bond, Crime, Inland Marine and Electronic Data Processing Insurance.

            Ms. McKay reported the renewal premium is $7,698.00 with a program credit of $254.00 and $175.00 safety allowance for training received by staff. After the credits, the renewal premium is $7,269.00. Ms. McKay also reported that if the Village chose to drop the “One Person Law Enforcement” rider added several years ago there would be an additional credit of $482.00. Council asked Ms. McKay to have the insurance carrier remove the rider.

            Mr. Roark moved the rules be suspended. Mr. Cincione seconded. The motion passed unanimously. Mr. Roark moved the adoption of O-2263-10. Mr. Cincione seconded. The motion passed unanimously.  

            Mayor Studebaker introduced the first reading of O-2264-10, An Ordinance authorizing the Mayor to execute the 2010 Integrated Mosquito Management Program Agreement between the Village of Marble Cliff and the Franklin County Board of Health and authorizing the expenditure of funds for the Village of Marble Cliff’s portion of the program cost. Ms. Troiano moved the rules be suspended. Mr. Sterneker seconded. The motion passed unanimously. Ms. Troiano moved the adoption of O-2264-10. Mr. Roark seconded. The motion passed unanimously.  

            Mr. Sterneker asked for clarification of the purpose or future use of the Village’s property on Cardigan Ave. He asked whether the Village should take any special steps to protect the property to ensure the best and highest use of the property for the Village.

Mr. Roark stated his opinion that the Village should hold the property until firm plans for the development of the surrounding projects are developed.  

ADJOURN

Mr. Cincione moved the meeting be adjourned. Mr. Kukura seconded.  The motion passed unanimously.  Mayor Studebaker adjourned the meeting at 8:35 PM.

Approved by:                                                               Submitted by:

David T. Roark                                                            Cynthia A. McKay
Council President Pro Tem                                          Fiscal Officer

REGULAR COUNCIL MEETING OF MAY 17, 2010

The regular, scheduled meeting of the Council of the Village of Marble Cliff was held Monday, May 17, 2010 in the Village Hall at 1600 Fernwood Ave. at 7:00 pm.  Those in attendance were: Council Members: David T. Roark, Matthew A. Cincione, John F. Kukura, Linda J. Siefkas, Robert W. Sterneker and Kendy A. Troiano; Mayor Kent E. Studebaker, Village Solicitor, Mitchell Banchefsky, Village Engineer, Louis McFarland, Administrative Assistant, William Johannes and Fiscal Officer Cynthia McKay.  Visitors and press were present. 

PUBLIC HEARING - 2011 Village Budget

            Mayor Studebaker opened the Public Hearing for the 2011 Village Budget and introduced the second reading of O-2260-10, An Ordinance adopting a budget for the year 2011 for the Village of Marble Cliff. Mayor Studebaker invited comments and/or questions from visitors in attendance and Council members. No comments or questions were offered. Mayor Studebaker closed the Public Hearing. 

VARIANCES AND PERMITS

            Mayor Studebaker introduced the first reading of O-2261-10, An Ordinance approving a use variance to Timothy and Kathleen Chasser for the property at 2109 West Fifth Ave., in the Village of Marble Cliff. Mr. Chasser explained he purchased an office condominium in the building at 2109 W. Fifth Ave. several years ago. He has since closed his law practice due to health issues and has attempted to sell the condominium without success. Therefore, he stated, he and his wife would like to receive a variance to use the property as a residence. Mr. Chasser explained there are three levels in the building. One level includes his unit and the unit owned and occupied by Thomas Miller.

            Mr. Roark asked if any property owners who received notice of the use variance request had contacted the Village offices. Ms. McKay stated the Village Hall had received no comments in favor of or opposed to the variance request.

            Thomas Miller, owner of the other units in 2109 W. Fifth Ave. and the property’s manager, pointed out that there are other properties along W. Fifth Ave. which have mixed use and stated his opinion that mixed use is the best use of his property. He stated that he has been marketing the property without success due to the current economic environment. Ms. Troiano asked if it is Mr. Miller’s intention to convert the entire building to residential. He stated he is unable to answer that question at this time.

            Mayor Studebaker stated the current zoning of the property does not allow for residential use of the property. Mr. Miller received a use variance in 2006 to allow him to convert one of the units in the building to his personal residence. Mayor Studebaker stated his understanding of Council’s intent in 2006 was to restrict the building to one residential unit for Mr. Miller as the property manager, but maintain the balance of the building as commercial property.

            Ms. Siefkas asked Mr. Banchefsky how the proposed ordinance’s restriction that the unit reverts to commercial use would work in a “practical sense.” Mr. Banchefsky stated the variance is designed to be specific to the applicant in order to preserve the Village’s commercial property. Mr. Miller explained that the unit has maintained some aspects of its previous residential character including a shower and small kitchen. Mr. Miller stated the building was originally built as residential and was converted to commercial use in the 1970’s. Mr. Banchefsky stated his opinion that the language of the proposed ordinance allows the Village to maintain its commercial property base.

            Ms. McKay asked the applicant to clarify whether it is their intention to use the property as their personal residence or to rent the property. Mr. Chasser stated he is not sure; his decision will be impacted by his ability to sell his home in Hilliard. Ms. McKay pointed out that the application indicated their intention to use the property as their personal property and the ordinance is written to restrict the residential use to Mr. and Mrs.  Chasser. Mr. Roark stated his preference to leave the restriction that the residential use be limited to Mr. and Mrs. Chasser and require them to return to Council for separate approval of varying the use to include rental of the property. Council discussed the long term implications of varying the use of the property.

            Mr. Cincione moved the rules be suspended. Mr. Roark seconded. The motion passed unanimously. Mr. Cincione moved the adoption of O-2261-10. Mr. Roark seconded. The motion passed unanimously.  

            Mayor Studebaker presented applications for two sign permits for 2150 Marble Cliff Office Park to allow the modification of an existing sign and installation of a new sign for the new occupant of the building, Tri-Village Medical Practice. Mr. Roark moved approval of the two sign permit applications for 2150 Marble Cliff Office Park. Mr. Sterneker seconded. The motion passed unanimously.  

VISITORS

            Mayor Studebaker introduced Nick Knebel and Clay Beck representing Beach, LLC. Mr. Knebel presented their organization’s plan to purchase the property at 2299 Cardigan Ave. in order to develop an indoor and outdoor volleyball facility. The indoor facility will include a bar and restaurant.

            Mr. Knebel stated the group is also interested in acquiring the Village’s lot on Cardigan for the outdoor courts. He stated their group wants to engage the community and have the facility welcomed and embraced by the community. He stated their opinion that the natural terrain and the proposed fencing around the outdoor courts would adequately insolate the residential properties from noise generated by the activity. Mr. Knebel stated the capacity for the inside facility would be 84 on the courts at any one time and others arriving for play or remaining after play. Mr. Roark asked Mr. Knebel what the facility’s hours of operation would be. He stated 5:30 pm to 11:00 pm on weekdays and Sunday and during the day on Saturdays. Mr. Banchefsky asked what type of liquor license they would apply for. Mr. Knebel stated they would want a full beer and liquor license including Sunday sales. He stated the bar is crucial to the business, but would not be the focal point financially. Mr. Sterneker expressed his concern regarding the proximity of the church and potential weekend noise conflicts. Council asked if there would be lighting on the outside courts. Mr. Knebel said there would be 20 foot lights on the outdoor courts.

            Mr. Roark stated he admires the group’s enthusiasm, but does not believe the proposed use is a good fit for the location. He also stated that the Village may not be willing to sell the Village property.

            Ms. Troiano asked why they were drawn to the location. Mr. Knebel stated the building is ideal for the use. Mr. Knebel acknowledged that a county sanitary sewer under the building might need to be relocated to accommodate the lowering of the facility’s floor by approximately 5 feet.

            Mr. Knebel asked for direction on completing the next step. Mr. Studebaker stated the property is not zoned correctly for the proposed use and Council would have to act to either change the zoning or grant a use variance. Beach LLC would have to complete a formal application for such an action. Mayor Studebaker suggested that the group contact the owners of neighboring properties and gather their input on the proposal. Ms. McKay stated the current zoning text has been provided to Beach LLC.  

            Council Member Robert Sterneker presented plans for a proposed addition to his home at 1515 Cambridge Blvd. Upon review of the proposed addition by the Village Engineer, it was determined that no variances were required and Mr. Sterneker was instructed to proceed and meet all requirements as outlined in Village Code and administered by the Grandview Heights Building Department. 

CONSENT AGENDA

Mr. Cincione moved the adoption of the Consent Agenda. Mr. Sterneker seconded. The Consent Agenda was adopted unanimously.  

MAYOR’S REPORT

            Mayor Studebaker reported he will be attending one day of the Annual Mayor’s Association meeting. Economic Development is one topic that will be addressed at the meeting. 

            Mayor Studebaker asked if any member of Council is interested in developing guidelines to address requests for donations from outside organizations. Ms. Troiano volunteered to work on guidelines. 

ENGINEER’S REPORT

            Mr. McFarland reported he is developing bid specifications for the project to repair storm sewers under Dublin Rd. He plans to have the bid packet ready by the June Council meeting. 

Mayor Studebaker introduced the fourth reading of O-2253-10, An Ordinance accepting a fee simple dedication of 3.207 +/- acres from NiSource for Right of Way purposes. Ms. McKay reported the necessary warranty deed has been developed and forwarded to Dave Peterson at the City of Columbus. He has agreed to forward the document to NiSource for signature. Mr. McFarland reported he investigated the question raised at the last Council meeting regarding any possible tax liability the Village might assume by accepting the dedication of the land from NiSource. He stated that, because a new parcel is being created by the split and recorded new in 2010 as right-of-way, the Village should not have any tax liability on the property. Mr. Banchefsky stated Council could pass on the ordinance thereby giving the Mayor the authority to execute the warranty deed as long as it is substantially similar to that draft provided and is executed by NiSource. Mr. Cincione moved to amend O-2253-10 to remove all references to the term “fee simple” from the Ordinance. Mr. Kukura seconded. The motion passed unanimously. Mr. Cincione moved the adoption of O-2253-10 as amended.  Mr. Roark seconded. The motion passed unanimously.  

Mayor Studebaker introduced the fourth reading of O-2254-10, An Ordinance authorizing the Mayor to grant a deed of easement to the City of Columbus for the purpose of constructing and maintaining the proposed Scioto Trail – Riversedge Multiuse Path within the Dublin Road Right of Way.  Mr. Roark moved the adoption of O-2254-10. Mr. Sterneker seconded. The motion passed unanimously.  

            Mr. McFarland reported the flow monitoring equipment required for compliance with the OEPA Findings and Orders is in place and collecting data. He also reported that Burgess & Niple has completed 90% of the field surveying for the mapping portion of the project.  

            Mr. McFarland reported the W. Fifth Ave. resurfacing project undertaken by Franklin County is substantially completed. Some spot work and excavation is still required around several sewer manholes and the handicapped ramps will be completed later in the summer. 

            Mr. McFarland and Ms. McKay presented Council information on current and long range financials and five year project planning. Ms. McKay presented information regarding the Village’s current financials, sources of revenue for the various Village funds, and a five year projection of Village revenue and expenditures. Mr. McFarland reviewed all the capital projects included in the five year financial projects and explained the rationale behind the projects identified for the Village. Council discussed the financials and the proposed projects and project schedule.

            Ms. McKay reviewed options for increasing revenue and reducing expenses over the next five years. Options presented for increasing revenue included increasing the income tax rate, increasing the inside millage rate, reducing the income tax credit for income earned in another municipality, mandatory income tax filing for all residents, special assessments, and an increase in miscellaneous Village fees. Options for reducing General Fund expenditures included establishment of Enterprise Funds, modification of services provided to residents and modification of Village staffing.

            Council asked the Fiscal Officer to bring to a future meeting additional details on increasing the inside millage, establishing Enterprise Funds, and mandatory income tax filing. Council also asked the Fiscal Officer to investigate how surrounding communities carry out assessments. Council also suggested that a plan be developed to educate and inform the Village residents about Village finances and long range planning. 

            Council asked Mr. McFarland to bring a proposal for completing crack sealing and slurry sealing on Arlington Ave.  

Mr. McFarland left the meeting at this point. 

SOLICITOR’S REPORT

Mr. Banchefsky had no report for Council. 

ADMINISTRATIVE ASSISTANT’S REPORT

            Mr. Johannes reported Peabody Landscaping will complete the work approved on Village Court circle and Arlington Ave. circle in early June.  

            Mr. Johannes reported the planting of Village flower beds has begun. He also stated the trees on Cardigan Ave. have been replaced, the new pump for the Cambridge Island fountain has been ordered and the new light on the sign on Cambridge Island has been installed.  

APPROVAL OF BILLS

Mr. Roark moved approval of the May 2010 bills totaling $97,718.11.  Mr. Cincione seconded. The motion passed unanimously. 

Mr. Cincione moved approval of the April 2010 amended bills totaling $59,496.23.  Ms. Troiano seconded. The motion passed unanimously. 

FISCAL OFFICER’S REPORT

Mr. Cincione moved approval of the following supplemental appropriation:  $100 from 1000-390-399 – Community Activities to 1000-390-650 –        Contributions to Other Organizations

Mr. Roark seconded. The motion passed unanimously. 

            Mayor Studebaker introduced the first reading of O-2262-10, An Ordinance to amend Ordinance O-2230-09 (2010 APPROPRIATION        ORDINANCE) to make an Appropriation of $2,499.99 to the OPWC Loan Repayment Fund    (3901) and reduce the Appropriation to the General Obligation Bond Payment Fund (3101) to $161,000.00.

Ms. Troiano moved the rules be suspended. Mr. Cincione seconded. The motion passed unanimously. Mr. Cincione moved the adoption of O-2262-10. Ms. Troiano seconded. The motion passed unanimously.

OLD BUSINESS

Mr. Kukura reported the Falco Scholarship Committee has made its awards. Six applications were received. Three applications were incomplete. Three awards have been made and the applications which were incomplete have been returned to the applicants with an invitation to resubmit their applications with the understanding that any resulting scholarship award will be reduced. Mr. Kukura represented the Falco Scholarship Committee and the Village at the Grandview Heights High School Honors Assembly. 

NEW BUSINESS

            Ms. McKay reported the Village’s insurance is due for renewal in July. Council asked Ms. McKay to work with the current insurer to prepare the renewal proposal.  

            Mr. Johannes presented a proposal from UA Living Magazine offering the Village a page in the publication at no charge. The magazine is published every other month. The magazine requests the Village provide a list of addresses. They plan to rename the magazine Tri-Village Living. Council agreed to accept the proposal. 

            Mr. Kukura asked that, in the future, the Council be provided either copies of or a summary of the waiver of notice documents sent out with notices to residents of variance applications. Ms. McKay said she would include that information when it is available. 

            Mayor Studebaker reported he will be participating in the Blue Star Mother Memorial Day service in Grandview Heights on May 27^th and Cambridge Blvd. will be the staging point for the Memorial Day parade on May 29^th.  

ADJOURN

Ms. Siefkas moved the meeting be adjourned. Mr. Sterneker seconded.  The motion passed unanimously.  Mayor Studebaker adjourned the meeting at 9:55 PM. 

Approved by:                                                               Submitted by: 

David T. Roark                                                            Cynthia A. McKay
Council President Pro Tem                                       

REGULAR COUNCIL MEETING OF APRIL 19, 2010

The regular, scheduled meeting of the Council of the Village of Marble Cliff was held Monday, April 19, 2010 in the Village Hall at 1600 Fernwood Ave. at 7:00 pm.  Those in attendance were: Council Members: David T. Roark, Matthew A. Cincione, John F. Kukura, Linda J. Siefkas, Robert W. Sterneker and Kendy A. Troiano; Mayor Kent E. Studebaker, Village Engineer, Louis McFarland, Administrative Assistant, William Johannes and Fiscal Officer Cynthia McKay.  Visitors were present. Solicitor Mitchell Banchefsky was excused. Asim Haque of Schottenstein, Zox & Dunn was present on behalf of Mr. Banchefsky. 

VISITORS

Shirley Doolittle, representing the Grandview Garden Club, presented a onetime request for a donation of $100.00 from the Village for the purchase of flowers for Memorial Park in Grandview Heights. Mrs. Doolittle pointed out there are four Marble Cliff residents who are members of the Grandview Garden Club. Mrs. Doolittle explained the work of the garden club as well as the history and importance of the Memorial Park. Mayor Studebaker reminded Council that several years ago, due to the fiscal challenges facing the Village, the Council decided to discontinue donations to outside organizations. Council asked about the club’s plan for future fund raising. Mrs. Doolittle stated they plan to pursue other fund raising opportunities. Ms. Siefkas suggested Council should consider developing guidelines for making donations to outside organizations. Mr. Cincione moved approval of a $100.00 donation to the Grandview Garden Club for the purchase and planting of flowers in the Memorial Park. Mr. Kukura seconded. The motion passed unanimously. 

VARIANCES AND PERMITS

Mayor Studebaker introduced the fourth reading of O-2243-10, An Ordinance granting a Lot Split with variance to David Bell for Parcel Number 143-000099-00 in the Village of Marble Cliff. Mr. Haque introduced recommended changes developed by Mr. Banchefsky to O-2243-10 to address concerns raised by Council. He summarized the changes:

1.      Separate architectural and aesthetic design review by Council with guidance provided by attachments to the ordinance.

2.      Height restrictions on the structure(s) on the newly created lot.

3.      Provisions for drainage easement(s) acceptable to the Village Engineer and Law Director.

4.      The provisions of the ordinance will be recorded and will run with the land, being applicable to future owners of the property.           

            Council discussed the changes recommended by Mr. Banchefsky. Council also discussed concerns over utility easements. Mr. Bell stated his legal research shows there are no utility easements recorded against the property at 1123 Cambridge Blvd. Wiley Elliott (1967 Village Ct.) expressed his opinion that the existing utility lines pose a safety risk and no construction should be allowed within 10 feet of the rear property line whether or not a legal easement has been recorded. He also suggested moving the garage to the east, restricting future installation of fences on the property behind the rear line of the garage and granting a front yard setback variance to allow the proposed house to be moved forward on the property.

            Sarah Myers (1231 Cambridge Blvd.) expressed concern about the number of trees that will be removed if a house is constructed. She also stated that moving the house forward would require more trees to be removed and further limit the sun light to their property. She also stated there have been limited letters of support and many residents have expressed their opposition and questioned when Council last approved a variance with such extensive opposition.

            Mary Hayes (1956 Village Ct.) stated her support of the proposed lot split and new construction. She reminded Council that the construction of their home 30 years required variances and approval by Council and some property owners opposed the plan because it was a vacant lot that was enjoyed as “green space” by the neighbors. However, today the home fits into the neighborhood and her family is pleased to have been Marble Cliff residents for many years.

            Mayor Studebaker stated for the record the Village has received 4 communications in favor and 7 in opposition. Ms. Troiano stated that all the owners of adjoining properties to the proposed new lot are opposed. The property owners in support are across the street or do not have common property lines with the property being considered for the lot split. Mr. Kukura stated his opinion that more consideration should be given to the concerns of the adjacent property owners. Mr. Cincione stated his opinion that a specific height restriction on the garage should be added to the language of the ordinance. He also noted that the Mr. and Mrs. Elliott would be in favor of moving the house to the east and Mr. and Mrs. Myers would oppose such a move. Mr. Bell and Mr. Artrup stated their opinion that moving the house to the east would not increase the amount of shade produced on the Myers’ house. Mr. Bell stated his willingness to make changes, such as moving the house forward on the lot and moving the garage to the north, but he believes that such a change might impact the number of trees that could remain on the property. Mr. Bell also commented that a number of neighboring property owners stated their support of lot split when they signed the notification waiver included with the original notification of the variance request.

            Council discussed among themselves and with the visitors in attendance several other issues including the size of surrounding lots and lot coverage of surrounding lots, the AEP utility easement or lack of easement on the properties, advantages and disadvantages of moving the proposed house and attaching the garage, possible restrictions on future fence installations, and the process for aesthetic review of the final plans for the proposed house if the lot split is approved.  

            Mr. Haque summarized the following changes to the proposed ordinance language:

1.      Section 3 shall read: That in addition to the conditions set forth in this Ordinance, the Village Council shall have separate review and approval of the architectural and aesthetic design of any house, improvement, remodeling, landscaping, etc. and/or accessory structure proposed for construction on the newly created north lot. Specifically, all construction, improvements,  remodeling, landscaping, etc. on the newly created north lot shall be in substantial compliance with Exhibits “A” and “B” referenced in Section 4 herein as determined by Village Council, prior to the issuance of any building permit.

2.      Section 4 shall read: That residential structures, related improvements (such as the garage and driveway), now and in the future shall adhere to Exhibits “A” and “B” attached hereto and incorporated herein as to design, footprint, size, orientation, location/placement on the lot, setbacks, drainage and drainage easements.

3.      Section 5 shall read: The height of the residential structure on the newly created north lot shall not exceed the height of the existing house located at 1123 Cambridge Blvd., and such structure shall not exceed 3300 square feet. The highest point of the garage shall not exceed 20 feet and the garage shall not exceed 576 square feet.

4.      Section 6 shall read: That prior to the issuance of a building permit on the newly created north lot, a perpetual drainage easement or easements (public and/or private) acceptable to the Village Engineer and Law Director shall be granted to connect to and otherwise address and carry water runoff/drainage on the original lot and/or newly created north lot.  The Village’s engineering costs related to the review and approval of such easement(s) shall be reimbursed by the applicant.

5.      Section 7 shall read: It is Council’s intent that this ordinance and its provisions shall run with the land and be and remain applicable to all future owners of the newly created north lot.  Accordingly, it shall be recorded with the Franklin County Recorder’s Office in order to provide notice to future owners of the subject property. 

            Mr. Kukura stated that the Council needs to think about “maximum development potential,” a term used by the applicant, and the argument that the size of the proposed new lot is comparable with surrounding lots. He reminded Council that laws and regulations and standards change over time. He stated that in Marble Cliff the regulations changed over time to reflect the interest in having larger lots and asked whether Council wants to move to a practice of “maximum development potential.”  Mr. Roark moved the adoption of O-2243-10 with the modifications to the language as presented to Council by Mr. Haque. Mr. Cincione seconded. Mr. Cincione stated he supports the proposed lot split because it helps ensure the preservation of another one on the Village’s historical properties. The motion passed with 3 Council Members in favor, 3 Council Members opposed and Mayor Studebaker breaking the tie with a vote in favor.  Mayor Studebaker stated his support of the lot split is based on several factors including that the overall size of the existing lot could support two lots of 15,000 square feet, that the resulting lot is not “out of character” with other lots in the area, that the style maintains the character of the Village, and that it maintains a house of historical significance in the Village. 

            Mayor Studebaker introduced an application for a curb cut for the property at 1123 Cambridge Blvd. Mr. Bell stated that the design will narrow the existing driveway curb cut and allow him to move the garage doors away from the front door entrance. Mayor Studebaker pointed out that there is limited on street parking around 1123 Cambridge Blvd. and the expanded driveway and curb cut will provide off street parking. Mr. Cincione moved approval of the curb cut permit for 1123 Cambridge Blvd. Ms. Troiano seconded. The motion passed unanimously. 

CONSENT AGENDA

Mayor Studebaker asked for the Consent Agenda to be amended to remove of the correspondences for separate action. Ms. Troiano moved the amended Consent Agenda be adopted. Mr. Sterneker seconded. The amended Consent Agenda was adopted unanimously.

Mayor Studebaker asked if Council had interest in offering a donation to the GHHS Class of 2010. Council indicated they were not interested in offering a donation.  

Mayor Studebaker asked if anyone from Council is interested in attending the meeting at which the redevelopment of Cooper Stadium will be discussed. No one on Council indicated an interest in attending. Mr. Cincione moved the Correspondences be received. Ms. Troiano seconded. The motion was passed unanimously. 

MAYOR’S REPORT

            Mayor Studebaker reported Ms. Siefkas is working with the Grandview Chamber of Commerce Economic Development Committee. She will provide an email summary of meetings for Council information.

ENGINEER’S REPORT

            Mr. McFarland reported a second day of cleaning and televising of the storm sewers and storm water outfalls along Dublin Rd. has been completed. Some additional cleaning and television will need to be scheduled. The work has identified three crossings in need of repair along with a portion of sewer which runs parallel to Dublin Rd. near the railroad trestle. Mr. McFarland reported some cleaning remains to be done. He also reported the stormwater intake on the southwest corner of Dublin Rd. and W. Fifth Ave. has partially collapsed, blocking the intake. The repair will be made part of the next project in the area. Mr. McFarland will develop bid plans for the project and bring a proposal back to Council for consideration.  

            Mr. McFarland reported Upper Arlington has a project to replace the concrete medium strip on Dublin Rd. immediately north of the Dublin Rd. and W. Fifth Ave. intersection. An approximately 15 foot portion of the medium crosses into Marble Cliff. Upper Arlington has offered to replace the entire medium strip and bill the Village approximately between $600.00 and $1,000.00 the portion within the Village. Mr. Cincione moved approval of up to $1,000.00 for the replacement of the Marble Cliff portion of the concrete medium strip on Dublin Rd. north of the Dublin Rd. and W. Fifth Ave. intersection. Ms. Troiano seconded. The motion passed unanimously. 

Mayor Studebaker introduced the third reading of O-2253-10, An Ordinance accepting a fee simple dedication of 3.207 +/- acres from NiSource for Right of Way purposes. Mr. McFarland reported the City of Columbus has provided a legal description of the property for the lot split and the Village staff has reviewed and recommends the proposed language for the easement document. Although the easement does address maintenance of the bike path it does not define responsibility for installation of upgraded crossing signals or ADA ramps at the intersection of Dublin Rd. and W. Fifth Ave. Columbus is ready to move forward, but is holding off on finalizing plans until the Village approves the property transfer and easement. Mr. McFarland stated he still plans to pursue having Columbus include the intersection upgrades in the final bike path plans and have them paid for by Columbus. Mr. McFarland stated that the Franklin County project to resurface W. Fifth Ave. from Dublin Rd. to the railroad tracks includes two new ADA ramps. Ms. McKay reminded Council that several years ago when property was transferred to the Village on the river side of Dublin Rd., the Village was assessed property taxes due to the manner in which property taxes are assessed in arrears. She asked Mr. McFarland if something similar is likely to occur after the transfer from NiSource. Mr. McFarland stated he would investigate and report back to Council.

 Council determined it does not want to approve the easement until the conveyance document of the property from NiSource to the Village is received. No action was taken pending clarification of the tax implications and the finalization of necessary documents.  

Mayor Studebaker introduced the third reading of O-2254-10, An Ordinance authorizing the Mayor to grant a deed of easement to the City of Columbus for the purpose of constructing and maintaining the proposed Scioto Trail – Riversedge Multiuse Path within the Dublin Road Right of Way.   

            Mr. McFarland presented options for ongoing long term maintenance of Village streets. Council discussed the options including full replacement, crack sealing and slurry seal. Council asked Mr. McFarland to work with the Fiscal Officer to develop a 5 year street maintenance plan as well as a list of projects that should be completed in 2010.  

Mr. McFarland provided a copy of the Sanitary Sewer Evaluation Study Schedule previously approved by Council as part of compliance with the OEPA Findings and Orders. He reported the flow monitors required as part of the approved SSES Schedule would be installed on April 20, 2010.  

Mr. McFarland left the meeting at this point. 

SOLICITOR’S REPORT

Mr. Haque had no report for Council 

ADMINISTRATIVE ASSISTANT’S REPORT

Mr. Johannes presented a quote of $900.00 from Superior Electric to replace the light on the stone sign on Cambridge Island. Mr. Cincione moved approval of up to $1,000.00 for the purchase and installation of a replacement light for the Cambridge Island stone sign. Mr. Sterneker seconded. The motion was approved unanimously. 

Mr. Johannes reported nine of the trees planted in the Village tree lawn along Cardigan Ave. last year are not the correct color. The trees were to match the existing snow drift crabapple trees along Cardigan Ave., but bloomed red this spring. The company which provided and planted the trees confirms that the trees were planted in error and he will correct the error yet this spring at no expense to the Village. Mr. Johannes stated Mrs. Dick (2001 Cardigan Ave.) requested that the trees in front of their home not be removed because they do not want their property disrupted again. Council asked Mr. Johannes to have the error corrected and have new trees planted as originally intended. Council stated the installation should include the restoration of the tree lawn to its present condition. 

Mr. Johannes reported there have been problems getting the fountain on Cambridge Island up and running. He is working with Peabody and with Superior Electric to address the problems.  

APPROVAL OF BILLS

Mr. Cincione moved approval of the April 2010 bills totaling $59,496.23.  Ms. Troiano seconded. The motion passed unanimously. 

Mr. Cincione moved approval of the March 2010 amended bills totaling $119,173.90.  Mr. Roark seconded. The motion passed unanimously. 

FISCAL OFFICER’S REPORT

            Ms. McKay had no report for Council.    

OLD BUSINESS

Mr. Kukura reported the Falco Scholarship Committee has begun their work. In addition to Mr. Kukura, Mr. Studebaker and Mr. Roark, Mr. Sterneker and Ms. Siefkas will be serving on the committee. The scholarship application has been prepared and is available on line through the Village’s web site. Information regarding the scholarships has been made available to the press and to the Grandview Heights High School guidance department. The deadline for submittal of applications is April 30, 2010. Mr. Kukura is also gathering information of future potential applicants as part of the committee’s long range planning activities. Mr. Sterneker suggested that the Council rotate the non-designated positions on the committee to allow all interested Council members the opportunity to participate.  

Mayor Studebaker introduced the third reading of O-2252-10, An Ordinance authorizing the expenditure of funds of $350 for the Music in the Park program and declaring the expenditure to constitute a public purpose. Mr. Cincione moved the adoption of O-2252-10. Mr. Sterneker seconded. The motion passed unanimously.  

            Mayor Studebaker introduced the first reading of O-2258-10, An Ordinance Amending Section 331.14(A) - Signals Before Changing, Turning or Stopping, Section 373.05(a) – Signal Device on Bicycle, Section 373.06(A)(1), (2), (3), (4) and (5) – Lights and Reflector on Bicycle; Brakes and Section 373.07 – Riding Bicycle on Right Side of Roadway; Obedience to Traffic Rules; Passing of the Code of Ordinances of the Village of Marble Cliff, Ohio. Ms. McKay explained she drafted the ordinance to bring the Village’s regulations into harmony with recent changes to the Ohio Revised Code. Mr. Sterneker moved the rules be suspended. Mr. Roark seconded. The motion passed 5 in favor; 1 opposed (Mr. Cincione). Mr. Kukura moved the adoption of O-2258-10. Ms. Troiano seconded. The motion passed unanimously.

 NEW BUSINESS

Mayor Studebaker introduced the first reading of O-2259-10, An Ordinance to establish and adopt a fee assessing incarceration costs to defendants sentenced to jail in the Mayor’s Court of the Village of Marble Cliff and declaring an emergency. Mr. Johannes explained that OVI convictions require an individual either take a class or spend up to three days in jail. The current cost for incarceration in the Franklin County Jail is $70 per day. The Village is allowed to recover up to $40 per day from the defendant. The fee of $40 is consistent with the fee assessed by Grandview Heights. The proposed ordinance would allow the fee to be added to the Village’s Mayor’s Court Fee Schedule. Ms. McKay explained the ordinance does not specify the amount of the fee, but allows for the addition of the fee to the fee schedule which can be modified by the Mayor and the Solicitor as required. Mr. Cincione moved the rules be suspended. Mr. Roark seconded. The motion passed unanimously. Mr. Cincione moved the adoption of O-2259-10. Mr. Roark seconded. The motion passed unanimously. Mr. Cincione moved the ordinance be adopted as emergency legislation to update the Mayor’s Court fee schedule as necessary for hearing OVI cases. Mr. Sterneker seconded.  Roll call: Mr. Roark, yes; Mr. Cincione, yes; Mr. Kukura, yes; Ms. Siefkas, yes; Mr. Sterneker, yes; Ms. Troiano, yes. The motion passed unanimously. 

Mayor Studebaker introduced the first reading of O-2260-10, An Ordinance adopting a budget for the year 2011 for the Village of Marble Cliff.  

Mr. Johannes presented a landscaping proposal from Peabody Landscaping for the Arlington Ave. circle and Village Court circle. Ms. Troiano explained the design information she and Mr. Johannes provided to Peabody. The proposal includes the planting of a durable and hearty grass that will stand up to play. Council reviewed the proposal and suggested the dead tree and the hawthorn tree and miscellaneous bushes be removed and the ground smoothed and planted with grass seed on Village Court. and the Time Warner cabinet on Arlington Ave. be screened as proposed. Ms. Troiano recommended the Village then revisit the proposal in the fall to determine if additional work should be done. Ms. Siefkas recommended that the long range plan be communicated to the residents in the area. Mr. Cincione moved approval of up to $2,000.00 for the landscaping of Village Court circle and $1,400.00 for the landscaping of Arlington Ave. circle. Mr. Kukura seconded. The motion passed unanimously.   

            Mayor Studebaker reported there will be an Earth Day cleanup project in Tarpy Woods on April 24, 2010. Anne Jewel is coordinating the activity and has asked the Village to provide funds for bottled water and donuts for the participants. Mr. Kukura moved authorization of up to $50.00 for supplies for the Earth Day cleanup project in Tarpy Woods. Mr. Cincione seconded. The motion passed unanimously.  

            Mr. Cincione reported he met with Susan Jagers and Steve Von Jazinski from the Grandview Heights City Council and Virginia Barney and two Council members from Upper Arlington on March 16, 2010 to discuss opportunities to provide public services for the three communities in a manner that would be financially advantageous to all three communities. Ms. Barney suggested, if the three communities are truly interested in investigating options, a commission should be formed with specific goals and purposes. Nothing has been formally proposed at this point. 

ADJOURN

Mr. Kukura moved the meeting be adjourned. Mr. Sterneker seconded.  The motion passed unanimously.  Mayor Studebaker adjourned the meeting at 10.35 PM. 

Approved by:                                                               Submitted by: 

David T. Roark                                                            Cynthia A. McKay
Council President Pro Tem                                          Fiscal Officer

REGULAR COUNCIL MEETING OF MARCH 15, 2010

The regular, scheduled meeting of the Council of the Village of Marble Cliff was held Monday, March 15, 2010 in the Village Hall at 1600 Fernwood Ave. at 7:00 pm.  Those in attendance were: Council Members: David T. Roark, Matthew A. Cincione, John F. Kukura, Linda J. Siefkas, Robert W. Sterneker and Kendy A. Troiano; Mayor Kent E. Studebaker, Village Engineer, Louis McFarland, Administrative Assistant, William Johannes and Fiscal Officer Cynthia McKay.  Visitors were present. 

Solicitor Mitchell Banchefsky was excused. Asim Haque of Schottenstein, Zox & Dunn was present on behalf of Mr. Banchefsky. 

CONSENT AGENDA

Ms. McKay asked for the Consent Agenda to be amended to remove of the Minutes of the February 15, 2010 Regular Scheduled Council Meeting for correction and separate approval. Mr. Cincione moved the amended Consent Agenda be adopted. Mr. Roark seconded. The amended Consent Agenda was adopted unanimously. 

Mr. Cincione moved the minutes of the February 15, 2010 meeting be corrected to reflect Mr. Johannes as in attendance, to include the record of the first readings of O-2253-10 and O-2254-10, and to add the word “know” to the third sentence of the sixth paragraph under “New Business” on page six and that the minutes be approved as corrected. Mr. Roark seconded. The motion passed unanimously. 

MAYOR’S REPORT

Mayor Studebaker stated he has no new information to report regarding additional tenants or development at the NiSource property.   

Mayor Studebaker reported he was contacted by a real estate agent representing a church which is interested in purchasing the America’s Motor Coach property at 1400 Dublin Rd. The agent offered no detail regarding the congregation, except their interest in the property. Mayor Studebaker noted the property is not zoned for a church and shared that information with the agent.  

Mayor Studebaker reported Don Rife of Rife’s Body Shop has contacted the Village Hall regarding the possibility of erecting an “off premise” sign for his business on Dublin Rd.  

Mr. Cincione asked if the Village Hall has received any information regarding the office space for lease at Babbage Simmel. Mayor Studebaker and Ms. McKay stated the Village offices have not been contacted about space for lease in the building. 

Mayor Studebaker reported Steve Reynolds, Grandview Heights Council President, has suggested the week of April 19^th for the joint Grandview Heights/Marble Cliff Officials Breakfast. Mayor Studebaker asked Council members and staff to notify the office regarding any days during that week that they are unavailable. 

ENGINEER’S REPORT

Mr. McFarland reported he is continuing the work to inspect the condition of the storm sewer lines under Dublin Rd. One emergency repair has been completed and two other lines in need of repair have been identified. Mr. McFarland stated he is continuing to work to arrange for the cleaning and televising of all the storm sewer lines running under Dublin Rd. The goal is to identify all necessary needed repairs so bid specs can be developed and the project put out for bids. FeeCorp was retained to do the cleaning and televising. However, they experienced equipment problems and had to pull off site without completing the work. Mr. McFarland is investigating other options for completing the cleaning and inspection. FeeCorp did not charge the Village for the time on site prior to their equipment problems.  Mr. McFarland hopes to have all the necessary repair work completed over the summer.

Mr. Sterneker asked the approximate cost of the repairs. Mr. McFarland reported the emergency repair already performed cost approximately $10,000 to $12,000 including traffic control and engineering inspection. Mr. McFarland stated he anticipates any other repairs should cost less because there should not be any void/sink holes to repair. The condition of the lines will dictate the cost.  

Mr. Kukura arrived at this point. 

            Mr. McFarland reported he is continuing to work with Brad Westall of Columbus Parks and Recreation and Dave Peterson, an attorney for the City of Columbus to complete the legal work relative to the construction of the proposed bike path along Dublin Rd. to W. Fifth Ave. The proposal is for NiSource to complete a fee simple transfer of property to the Village as right of way to be followed by the granting of an easement to the City of Columbus. The Council will need to accept the right of way transfer; then approve the easement. The easement will define maintenance responsibilities for the bike path. Mr. McFarland reported he is also working with Columbus to ensure that the intersection of Dublin Rd. and W. Fifth Ave. gets upgraded to include ADA ramps and pedestrian crossing signals. Mr. McFarland stated he is working to ensure that the cost of the intersection upgrades will be either the responsibility of the City of Columbus or included in work scheduled to be completed by Franklin County with federal stimulus money – or some combination of the two funding options. He stated his plan is that the Village will not have to contribute funds to the proposed intersection upgrades.

            Ms. Troiano asked about liability insurance for the bike path. Mr. Roark stated that the Village maintains liability insurance. Ms. Troiano suggested that the City of Columbus should be responsible for the primary liability for the path.

            Ms. Troiano asked if there may be additional federal stimulus money available.

Mr. McFarland explained that the cost and timing of applying for and receiving federal stimulus money makes it unlikely that the Village would be successful in directly obtaining federal stimulus money.

            Brad Westall of the City of Columbus Parks and Recreation Department arrived and presented plans for the bike path and explained the process of finalizing the plans and completing the path to W. Fifth Ave. Mr. Westall described the various bike/pedestrian paths in the Scioto river corridor which will connect the Marble Cliff portion with downtown Columbus and, from there, much of central Ohio and beyond. At this time, the project to develop the multipurpose trails stops at W. Fifth Ave., but in the future, Columbus Parks and Recreation plans to extend the path to Griggs Reservoir and eventually beyond to Dublin. Surveying and engineering work is continuing. Mr. Westall stated his opinion that the extension of the bike path could be completed yet this year.

            Mr. McFarland asked Mr. Westall to address the issue of long term maintenance. Mr. Westall stated the City of Columbus will provide all the long term maintenance of the path and the Columbus Traffic Division is working with Mr. McFarland to address the concerns at the intersection. Mr. McFarland stated the Village’s expectation that pedestrian signals and ADA ramps will be part of the work completed and paid for by the City of Columbus. Mr. Westall asked the Village to consider ways in which the path could be extended west along W. Fifth Ave.

            Mr. Kukura asked how long construction in Marble Cliff would take. Mr. Westall stated the work in Marble Cliff would be 60 to 90 days. He stated the work is fairly simple and straightforward. Council asked if the path would be lighted. Mr. Westall said, “no.”   

Mayor Studebaker introduced the second reading of O-2253-10, An ordinance accepting a fee simple dedication of _________ +/- acres from NiSource for Right of Way purposes. No Council action was taken. 

Mayor Studebaker introduced the second reading of O-2254-10, An Ordinance authorizing the Mayor to grant a deed of easement to the City of Columbus for the purpose of constructing and maintaining the proposed Scioto Trail – Riversedge Multiuse Path within the Dublin Road Right of Way.  No Council action was taken. 

Mayor Studebaker introduced the first reading of O-2255-10, An Ordinance authorizing the Mayor and Fiscal Officer to enter into an agreement with Burgess & Niple, Inc for professional engineering services for the 2010 Sanitary Sewer System Evaluation Study (SSES), Flow Monitoring, Report and Mapping Updates Project for the Village of Marble Cliff. Mr. McFarland introduced the letter of agreement and explained the two options for the mapping required by the OEPA Findings and Orders. He explained that proposed mapping Alternative No. 1 meets the minimum effort required by the OEPA. Alternative No. 2 exceeds the minimum requirements, but provides the Village with a higher level of mapping that will be beneficial for future projects. The enhanced mapping provides GPS based horizontal and vertical location information of mapped utilities.

Mr. Cincione suggested the Village might be able to obtain the mapping services at a lower cost than the amount quoted by Burgess & Niple in the letter of agreement. He stated he was aware of a company that might do the same type of work and would provide the company’s information so the Village could obtain an additional quote.

Ms. Troiano concurred with the concern raised by Mr. Cincione and recommended the Village investigate other vendors that might supply the required mapping.

            Ms. McKay stated her understanding that the scope of services outlined in the letter of agreement are consistent with the Village’s relationship with Mr. McFarland and Burgess & Niple for professional services as Village Engineer and, therefore, do not require  competitive bidding.

            Council discussed options for securing the services necessary to comply with the OEPA Findings and Orders and the plan submitted by the Village and approved by the OEPA. Council also discussed the benefits versus the additional cost of the enhanced mapping alternative. They also discussed options for seeking a separate contract for the professional services necessary to perform the mapping. Ms. Troiano asked if the Village would recoup the additional cost in future cost savings. Mr. McFarland stated his opinion that the Village would benefit from the enhanced mapping for many years. He stated the information provided would be used in planning projects, emergency repairs, and general right of way management. He did not provide specific future cost savings. Mr. McFarland stated his opinion that a portion of the cost of the enhanced mapping could be recouped under the Village’s comprehensive Right of Way legislation.

Mayor Studebaker explained that Council had the option of setting the “not to exceed” limit in the Ordinance at any level, but that the project options designated in the letter of agreement attached to the ordinance would dictate the Village’s obligation.

Mr. Roark stated the Council could choose to decline both mapping options and move forward with the flow monitoring portions only. Mr. McFarland stated he could investigate quotes from a third party to provide the mapping options outlined in the letter of agreement. Mr. Roark asked if the costs for the other portions of the project outlined in the letter of agreement would be impacted if a third party were retained to provide the mapping portion of the project. Mr. McFarland stated that there would probably be some additional cost if Burgess & Niple needed to coordinate work done by other providers prior to presenting a report to the Ohio EPA.

            Mr. Roark asked if the Council was interested in holding a special meeting to decide on O-2255-10 and the letter of agreement after giving Mr. Cincione an opportunity to identify other possible vendors capable of providing the mapping portion of the project. Mr. Cincione said he could have information for regarding other vendors fairly quickly.

            Ms. Siefkas suggested the discussion of O-2255-10 be tabled out of consideration of the visitors present to make comment on O-2243-10 and that Council return to O-2255-10 after the Variances and Permits portion of the meeting. Council concurred. 

VARIANCES AND PERMITS

Mayor Studebaker introduced the third reading of O-2243-10, An Ordinance granting a Lot Split with variance to David Bell for Parcel Number 143-000099-00 in the Village of Marble Cliff.

Mayor Studebaker noted that in addition to the information included with Council meeting packets, the Fiscal Officer placed at each Council member’s seat a communication in opposition to the ordinance from the Brower-Wyngard family, 1964 Village Ct., and a list of “talking points” provided by Becky and Wiley Elliott (1967 Village Ct). Mayor Studebaker commented that Council members received an e-mail from Ricky Day (1238 Cambridge Blvd.) in support of the proposed ordinance.

Mr. Cincione stated he did not understand items 2, A and B of Mr. and Mrs. Elliott’s “talking points” and asked if they constituted a threat of legal action or knowledge of pending legal action. Mr. Elliott stated they were not a suggestion of legal action, but reflected his attempt to perform a risk assessment of the proposed lot split and consider all the necessary implications of a decision by the Village to approve the proposed lot split. He explained his opinion that because the prior owner was informed that the property should not be advertised as a “double lot” that to grant a variance and lot split “would create the impression of an impropriety.” Therefore the new owners should indemnify the Village regarding “potential legal issues raised by the previous owners” and, as a matter of principle, “the Village should absolutely not change laws to benefit an individual’s personal business interests and then plan to use public funds for any resulting legal issues that are the direct result of that action.” Mr. Kukura stated his understanding of Mr. Elliott’s concerns to be that potential buyers may have pulled out of the auction because the property was not advertized as a “splitable” lot and that the auctioneer may have been impacted by a resulting lower sale price.

            Mr. Elliott pointed out that section 154.054 of the Village Code allows the Village to require an owner of two adjoining lots which are smaller than the Village’s minimum size to combine those lots. It is reasonable, Mr. Elliott said, to understand the Village’s intention to maintain larger lots; therefore approving the requested lot split would seem to be counter to the Village’s intentions as reflected in its code.

            Mr. Elliott stated his desire that, if the lot split is approved, the Village require a 10 foot setback for structures on the rear of the property to give some relief to their property. He also pointed out the location of power lines across the rear of the yard that may have an established easement that should be honored.        

            Mayor Studebaker invited Mr. Bell and Mr. Artrup to present any changes or updates to their proposed plans. Mr. Artrup stated they had reviewed drainage issues on the property. He noted there is natural drainage flowing to the south across the properties and a smaller point on the west side of the property at which water ponds. Mr. Artrup stated Mr. Bell would present a proposal for addressing the drainage issues after

Mr. Artrup addressed the question of the proposed home impacting sunlight to the surrounding properties.

            Mr. Artrup presented a computer generated study of the shadows that would be created by the proposed new house on December 21^st – the day each year when the sun is at the furthest point south. The study revealed the impact of the house on the properties to the north and to the west. The model was based on a house approximately 33.5 feet tall.

            Mr. Artrup presented a revised design for a home on the proposed lot split to have a lower profile than initially suggested as well as a reduced foot print. He distributed drawings and elevations showing the revisions. The plan now includes a home reduced from approximately 4000 square feet to approximately 3300 square feet. Mr. Artrup stated his opinion that the reduction of the mass of the home creates a home that is a better fit into the neighborhood. He stated his opinion that the smaller home should alleviate some of the concerns raised. Mr. Artrup stated the pitch and height of the proposed garage roof would also be reduced under the revised plans. The plan also re-orients the roof gable on the garage to reduce the impact on the Elliott’s property. Mr. McFarland pointed out that the Village code requires a 5 foot setback from property lines for newly platted lots to allow for a utility easement.  

            Mayor Studebaker asked Mr. Artrup to address the existing vegetation on the property. Mr. Cincione stated there are both mature trees and underbrush on the north and west side of the 1123 Cambridge property. Mr. Cincione also noted that the home to the north has its driveway along the north side of the 1123 Cambridge property.

Mayor Studebaker observed the existing trees create as much shade or more than the proposed home. Mr. Artrup noted, with the revision of the plans, the rear line of the proposed house lines up with the rear of the house immediately to the north. 

            Ms. Troiano asked if Mr. Bell had any further discussions with the neighbors since the last meeting. He stated he has spoken with Mr. Lucas (1963 Village Ct.) about the drainage. He stated he has offered to have a conversation with Mr. and Mrs. Myers (1231 Cambridge Blvd.), but to date they have not talked. Mr. Bell stated with recent snow melting he has had an opportunity to study the drainage problems in the area. He stated some but not all of the drainage problems are created by the 1123 Cambridge property. However, he stated some of the drainage issues are created by runoff from the property to the north (1231 Cambridge Blvd.) which is higher than the proposed new lot. Mr. Bell stated he plans to install a 6 inch underground drain running north from Village Court through the back yard of 1123 Cambridge to collect the bulk of the water which currently collects on the undeveloped portion of the property. Currently, the downspouts on the rear of 1123 Cambridge discharge into the backyard. Mr. Bell said he would connect the drain pipes on 1123 Cambridge to the new drain line. He stated his opinion that the plan should address the drainage concerns adequately.

            Mr. Bell stated his understanding and appreciation of the concerns that have been raised, but continues to believe his proposal presents an opportunity to improve the neighborhood. He also pointed out that there are several developed lots on Cambridge Blvd. which have a 70-75 foot frontage. He stated the restored home and new home will increase the value of homes in the area.

            Jan Williams (1963 Village Ct.) asked if there will be gutters on the garage.

Mr. Bell stated there would be gutters on the garage which, under the terms of a private easement between the properties would tie into the new drain line installed through the rear yard of 1123 Cambridge Blvd. The drain line would carry the water to Village Court and into the Village’s storm sewer system.

Mr. McFarland asked Mr. Bell to provide confirmation of the location of the new drainage line and his plan for a private easement between the properties.

            Mr. Studebaker explained Council could take action on the Ordinance or they may take time to review the information provided and act at a future meeting.

            Mr. Cincione stated his position of general support of the proposed lot split and expressed his appreciation of the changes that have been offered by Mr. Bell. He stated his desire to have time to review the plans and develop any necessary conditions or controls that should be part of the legislation. Mr. Roark concurred and stated his desire for additional time to review the plan. He suggested that detailed text be developed to attach to the ordinance to address the concerns and issues raised with specific plans, conditions and restrictions.

            Mr. Haque recommended the Council either develop text to address the concerns related to the proposed lot split and development to be attached to drawings and plans. If Council is uncomfortable with developing the text, they may request the applicant to develop the text and then determine if it is adequate. He suggested Council could provide the applicant a list of the issues they believe should be addressed.

            Mr. Roark stated the Council should give the applicant direction and ask him to develop the text to be attached to the ordinance. He stated the ordinance should give the Council the authority to perform design review prior to any construction.

            Mr. Kukura expressed concern that the proposed location of the garage, with a five foot setback will make it difficult to maneuver cars in and out. He also stated his disagreement with Mr. Bell’s opinion that the surrounding property values will be improved by the lot split and development of a new home on the new lot. Mr. Kukura stated his opinion that the surrounding home values may be negatively impacted. He stated his opinion that the value of 1123 Cambridge will be negatively impacted due to the reduction of the yard. Mr. Bell stated his belief that the increased value of 1123 Cambridge and the value of the proposed new home will have a positive impact on the surrounding properties and he is willing to take the risk Mr. Kukura pointed out regarding the potential negative impact on the 1123 Cambridge Blvd. property.

            Ms. Siefkas stated her position in opposition to the lot split has not changed; she stated she takes the concerns of the neighbors very seriously. She stated her opinion that the zoning standards should be upheld given the opposition from the neighbors. She stated her appreciation for Mr. Bell’s willingness to modify the proposal to address concerns raised by the neighbors.

            Mr. Roark stated he is sensitive to the concerns of the neighbors, but stated his position that standards should not be inflexible and, thereby, limit an opportunity to improve the community.

            Ms. Troiano pointed to the house currently being built on W. First Ave. in Grandview Heights, just west of the library as an example of the negative impact on surrounding properties of a structure being built on a small lot. She stated her opinion that Mr. Bell’s proposed lot split and new house would be unattractive and have a similar, negative impact on the neighborhood. She stated the Village has turned down variances for smaller projects because of opposition from neighbors and this is a project to which all the neighbors have expressed opposition.

            Mr. Sterneker pointed out that some of the neighbors have expressed support for the proposed lot split and the development of the new house on the lot. Ms. Troiano clarified that she meant all the neighboring property owners – not separated from the property by the street – have expressed opposition to the proposed variance.

            Mr. Cincione noted that the existing property is just slightly less than 30,000 square feet and the proposed plan would put two houses on approximately 30,000 square feet. Mayor Studebaker stated the house at 1123 Cambridge Blvd. would sit on a lot of 18,595 square feet making it one of the largest lots in the area. The size of the new lot would be similar to other lots in the area. He also stated any property owner of a large lot would have the right to apply for a split as Mr. Bell has done. Mayor Studebaker stated the Village asked the auctioneer and the seller to remove the description of “double lot” from the marketing materials because the property is not a “double lot” and should not be marketed inappropriately. He restated the right of any property owner to request a variance is protected by the existing Village Code of Ordinances.

            Mayor Studebaker recommended that discussion be concluded and asked the applicant to work with the Village to develop text addressing the concerns and issues raised. The text and the plans and drawings would then be available for attachment to the Ordinance and consideration of the Council at the next building. He asked that Mr. Banchefsky be included in determining the completeness of the documentation and the final form of the Ordinance. Mr. Cincione read his list of the issues that should be addressed in the text and/or drawings submitted for inclusion with the ordinance; design of the house, the height of the house, the foot print of the house, the design, foot print, size, orientation, and location of the garage, location of the house and driveway on the property, setbacks, drainage, private easements, existing public easements, and the right of the Council to general aesthetic review of final plans. Mr. Sterneker suggested that Mr. Bell submit the information to Mr. McFarland. Council asked Mr. Bell to submit text to staff for review by Mr. McFarland and Mr. Banchefsky in order to finalize the Ordinance language. 

            Mayor Studebaker presented Mr. Bell’s application for a new curb cut for informational purposes. Village code requires notification of the application to neighboring properties. That notification will be completed and the application will have a formal hearing at the April regular Council meeting. Mayor Studebaker noted for the record that the application was dated 12/30/2009 but was received at the Village Hall on 3/12/2010. 

ENGINEER’S REPORT – Cont.

            Mayor Studebaker recounted the discussion held earlier in the meeting. He stated the issue raised was whether the entire project outlined in the letter of agreement from Burgess & Niple including the mapping option should be performed by Burgess & Niple or should the Village investigate another provider for the mapping required by the OEPA Findings and Orders and/or the expanded mapping recommended by Mr. McFarland. Mayor Studebaker explained Ordinance O-2255-10 would approve funding the entire project to be completed by Burgess & Niple. However the final decision regarding which services outlined in the letter of agreement would actually be performed by Burgess & Niple would be determined by a second action on the letter of agreement by Council.

            Mr. Kukura asked for an explanation of the portion of the proposal to meet with the OEPA. Mr. McFarland explained his hope that, based on the results of the mapping and flow monitoring, the Village may be able to submit its report to the OEPA and, by meeting with them directly, explain the results and to conclude to the OEPA’s satisfaction Village’s obligations under the Findings and Orders. The goal would be to then receive confirmation of that satisfaction from the OEPA. Ms. McKay confirmed that the compliance plan submitted and approved by the OEPA requires flow monitoring in the spring of this year.

            Ms. Siefkas expressed her opinion that the cost of the necessary work will be lower if it is all completed by one professional provider. Mr. Kukura concurred.

Mr. Roark moved the rules be suspended. Mr. Sterneker seconded. The motion passed unanimously. Mr. Roark moved the adoption of O-2255-10. Mr. Sterneker seconded. The motion passed unanimously.

Mr. Roark moved the letter of engagement from Burgess and Niple dated February 23, 2010 for the 2010 Sanitary Sewer System Evaluation Study (SSES), Flow Monitoring, Report and Mapping Updates be accepted as follows; Mapping Alternative No. 1 – “no,” Mapping Alternative No. 2 – “yes,” Flow Monitoring – “yes,” Flow Evaluation and Report – “yes,” and Presentation and Meeting with OEPA – “yes.” Mr. Kukura seconded. The motion passed: 4 in favor and 2 opposed. 

Mr. McFarland left the meeting at this point. 

SOLICITOR’S REPORT

Mr. Haque had no report for the Council.

ADMINISTRATIVE ASSISTANT’S REPORT

Mr. Johannes had no report for the Council.  

APPROVAL OF BILLS

Mr. Cincione moved approval of the March 2010 bills totaling $82,494.48.  Mr. Roark seconded. The motion passed unanimously. Mr. Cincione moved approval of the February 2010 amended bills totaling $71,788.57.  Ms. Troiano seconded. The motion passed unanimously. 

FISCAL OFFICER’S REPORT

            Mayor Studebaker introduced the first reading of O-2256-10, An Ordinance to amend Ordinance O-2230-09 (2010 APPROPRIATION ORDINANCE) to make a supplemental appropriation of $65,150.00 to the General Fund and $4000.00 to the State Highway Fund. Ms. McKay explained the purpose of the additional appropriation is to fund the OEPA mandated flow monitoring project and provide for anticipated traffic control measures on State Route 33 (Dublin Rd.) during upcoming storm sewer repairs. Mr. Cincione moved the rules be suspended. Ms Siefkas seconded. The motion passed unanimously. Mr. Cincione moved the adoption of O-2256-10. Mr. Kukura seconded. The motion passed unanimously.  

OLD BUSINESS

Mayor Studebaker introduced the second reading of O-2252-10, An Ordinance authorizing the expenditure of funds of $350 for the Music in the Park program and declaring the expenditure to constitute a public purpose.  

            Mr. Johannes reported he and Ms. Troiano have scheduled an appointment with Peabody Landscaping to discuss plans for Arlington Circle and Village Court. They plan to bring a proposal for Council consideration to a future meeting.  

            Ms. McKay reported she checked with American Legal Publishing to determine why the Village’s Code of Ordinances was not updated to reflect changes to the state of Ohio’s regulation regarding bicycle regulations. ALP reported the state relaxed regulations and ALP does not automatically update the local code when the restrictions at the state level are relaxed. Council asked Ms. McKay to bring an ordinance to Council which will bring the Village’s code into agreement with the Ohio Revised Code. 

            Ms. McKay reported the Release of All Claims to AEP for the damages done to the Village’s sanitary sewer along Arlington Ave. is complete and ready for the Mayor’s signature. Mr. Banchefsky has approved the form of the agreement. Mr. McFarland and Ms. McKay have finalized the amount due from AEP. AEP plan to send the check for the final amount due within the next week.  

NEW BUSINESS

Mayor Studebaker introduced R-2257-10, A Resolution Expressing the Opposition of the Village of Marble Cliff Council to the Franklin County Commissioners’ Proposed sale and redevelopment of the Cooper Stadium Site for the construction and operation of a Motorcycle Based Venue. Mr. Cincione moved the resolution be amended to include the words “that includes racing” in the title of the resolution and to change the wording of Section 1 to read “That the Council of the Village of Marble Cliff does hereby oppose the Franklin County Commissioners’ proposed sale and redevelopment of the Cooper Stadium Site for the construction and operation of a motorcycle based venue that includes racing.” Ms. Troiano seconded.  The motion passed unanimously. Mr. Cincione moved the adoption of R-2257-10 as amended. Ms. Troiano seconded. The motion passed unanimously.  

ADJOURN

Mr. Cincione moved the meeting be adjourned. Mr. Sterneker seconded.  The motion passed unanimously.  Mayor Studebaker adjourned the meeting at 9:50 PM. 

Approved by:                                                               Submitted by:
David T. Roark                                                             Cynthia A. McKay
Council President Pro Tem                                           Fiscal Officer

REGULAR COUNCIL MEETING OF FEBRUARY 15, 2010

The regular, scheduled meeting of the Council of the Village of Marble Cliff was held Monday, February 15, 2010 in the Village Hall at 1600 Fernwood Ave. at 7:00 pm.  Those in attendance were: Council Members: David T. Roark, Matthew A. Cincione, John F. Kukura, Linda J. Siefkas, Robert W. Sterneker and Kendy A. Troiano; Mayor Kent E. Studebaker, Solicitor Mitchell Banchefsky, Administrative Assistant, William Johannes  and Fiscal Officer Cynthia McKay.  Visitors were present. 

Village Engineer Louis McFarland was excused. 

VARIANCES AND PERMITS

Mayor Studebaker introduced the first reading of O-2250-10, An Ordinance Granting a Sign Variance to Columbia Gas System for the property at 1600 Dublin Road, In the Village of Marble Cliff, and declaring an emergency. Ms. McKay reported the representative from the sign company was unable to attend because of the snow storm. She reported the Village Hall had not received any communications in favor of or opposed to the proposed variance. Ms. McKay confirmed that the request is identical to the information provided at the January regular Council meeting. Ms. Troiano moved the rules be suspended. Mr. Roark seconded. The motion passed unanimously.

Mr. Roark moved the adoption of O-2250-10. Mr. Kukura seconded. The motion passed unanimously. Mr. Roark moved the ordinance be adopted as emergency legislation so the sign may be installed immediately to accommodate the business located in the building. Mr. Sterneker seconded.  Roll call: Mr. Roark, yes; Mr. Cincione, yes; Mr. Kukura, yes; Ms. Siefkas, yes; Mr. Sterneker, yes; Ms. Troiano, yes. The motion passed unanimously. 

Mayor Studebaker introduced the first reading of O-2249-10, An Ordinance granting a front yard setback variance to James M. and Jacqueline Rish for 1505 Cambridge Blvd., in the Village of Marble Cliff. Mayor Studebaker recognized Mr. Rish and Gary Alexander, architect for the project. Mr. Alexander explained the proposed addition and the need for the variance. The home currently sits in front of the required setback and the addition will be slightly behind the existing footprint. Mr. Alexander answered questions regarding the finish materials of the addition and confirmed the addition does not require any other variance. Ms. McKay reported the engineer has reviewed the application and has no objections and one communication expressing support for the variance was received at Village Hall. Ms. Troiano moved the rules be suspended. Mr. Kukura seconded. The motion passed unanimously. Mr. Cincione moved the adoption of O-2249-10. Mr. Sterneker seconded. The motion passed unanimously.  

Mayor Studebaker introduced the second reading of O-2242-10, An Ordinance granting a side yard setback variance to David Bell for 1123 Cambridge Blvd., in the Village of Marble Cliff. BJ Artrup, architect for Mr. Bell, distributed a site plan and drawings for the proposed additions to the house at 1123 Cambridge Blvd. He explained that the addition on the south side would sit within the side yard setback, but would be inside the footprint of the existing building which encroaches on the side yard setback. Mr. Artrup answered questions from Council on the proposed exterior finish for the house.  Mr. Artrup explained that when the house was built it fronted toward Dublin Rd. and the current “front” door on Cambridge Blvd was originally the back door for the home. The proposed addition requiring the variance will enhance the front entrance. Mr. Artrup asked if the proposed additional curb cut will require Council action. He explained that none of the other proposed additions require a variance.  

Mayor Studebaker invited questions and/or comments from visitors on the requested variance. No visitors spoke. Ms. McKay reported no communication in favor of or opposed to the variance request were received at the Village Hall. Mr. Cincione expressed concern regarding the circular driveway and asked Mr. Artrup to consider an alternative design. Mr. Banchefsky explained that for an additional curb cut, the Village Code requires notice to the Village Engineer and approval by Village Council. If the property does not meet the minimum requirements of code for two curb cuts, the request would require a variance.  Mr. Cincione moved the rules be suspended. Mr. Roark seconded. The motion passed unanimously. Mr. Cincione moved the adoption of O-2242-10. Ms. Troiano seconded. The motion passed unanimously. Mr. Cincione moved the ordinance be adopted as emergency legislation so the work can begin. Mr. Roark seconded.  Roll call: Mr. Roark, yes; Mr. Cincione, yes; Mr. Kukura, yes; Ms. Siefkas, yes; Mr. Sterneker, yes; Ms. Troiano, yes. The motion passed unanimously. 

Mayor Studebaker introduced the second reading of O-2243-10, An Ordinance granting a Lot Split with variance to David Bell for Parcel Number 143-000099-00 in the Village of Marble Cliff. Mr. Bell expressed his interest in improving the property and the neighborhood to the fullest and best use. He noted the work he has done to upgrade and improve the Tarpy House at 1122 Cambridge Blvd. and asked Council to carefully consider the request before them.

Mr. Artrup commented that lot splits are unique and need to be considered one by one. He commented that the undeveloped portion of the property at 1123 is out of rhythm with the street. He stated they have considered the size of lots in Marble Cliff, the variety of home sizes, the current market trends, and current code. Mr. Artrup stated he believes the home proposed for the new lot is consistent with the character of the neighborhood and in compliance with density, lot coverage, setback, and height limitations of current code. Mr. Artrup explained the only non-compliance issue is the lot size. He distributed drawings and plans for the lot split and a house on the new lot as well as an enhanced elevation showing the proposed house and the surrounding properties. He also reviewed the design elements of the proposed house. Mr. Artrup pointed out that, under the proposed plan, all but one of the mature trees on the lot will remain.

Mayor Studebaker asked Council for their questions and comments. Ms. Troiano asked if the only change in the plan since last month was the relocation of the driveway and garage from the north side to the south side of the proposed split lot. Mr. Artrup confirmed that change as the only change. Ms. Troiano asked the difference in height between the proposed house and the house immediately to the north. Mr. Artrup stated the proposed house is approximately 6-7 feet taller than the house to the north. Mr. Roark asked if there would be any Village restriction on building a garage or addition to the 1123 Cambridge house other than current code. Mayor Studebaker stated current code would determine the need, if any, for variance(s). He also confirmed that the Village does not currently have architectural review authority.

Mr. Cincione asked how issues of drainage would be addressed. Mr. Bell confirmed that he would be responsible for ensuring that newly created runoff would not impact the surrounding properties. Ms. McKay confirmed the existence of a Village sanitary sewer just immediately north of the property line and running parallel to the north property line.

Ms. Troiano asked Mr. Artrup to explain how the proposed garage will impact the sunlight getting through to the adjoining properties and water drainage of the surrounding properties. He stated the drainage would be addressed by moving the water to the street. Council asked if there is living space proposed for the second floor of the garage. Mr. Artrup stated that has not been addressed.

Mr. Roark asked if the lot is split, can the Village exercise architectural review of what is built on the lot. Ms. McKay said that the proposed variance gives the Village authority to review construction on the newly created lot if the lot split is approved. Council discussed options for ensuring that, if the lot is split, Council could retain authority to approve design on the new lot. Mr. Banchefsky stated section 3 of the proposed variance could be amended to require that the final development of the lot be “substantially similar” to the design proposed by Mr. Bell. The drawings would be attached to the approved lot split variance and referenced to ensure the lot is developed as proposed.  

Mayor Studebaker reported Village Hall received two letters (Wiley and Becky Elliott and Rob and Sarah Myers) in opposition to the lot split and three emails – two opposed (Ann Browning Shaw and Pamela Browning) and one in support (Brian O’Mara).

Mayor Studebaker opened the meeting to visitors interested in speaking in favor of or opposition to the proposed lot split variance. He asked each speaker to identify themselves and provide their address.

Wiley Elliott, 1967 Village Court, stated he is interested in Mr. Bell’s successful renovation of the property at 1123 Cambridge Blvd. Mr. Elliott stated he had assisted the former owner with care of the property and is familiar with the condition of the property.  He stated he and his family were attracted to Marble Cliff because of the freedom of the zoning along with the large lots, ample yards, and green space. Mr. Elliott stated his understanding of zoning to be for the benefit of the entire community and that variances are designed for situations when the zoning restrictions create a problem and the interests of the individual property owner must be balanced with the needs of the community. With respect to the lot split and an additional house, Mr. Elliott stated his opinion that approval of such a request would benefit the individual and would not benefit the community.

Mr. Elliott also stated his understanding that the prior property owner was informed that the property was not a double lot and should not be marketed as such. Further he stated his understanding that potential purchasers of the property were also informed that the lot was not large enough to split within the requirements of current code.

            Mr. Elliott reported the property has a low place which routinely floods and has standing water from heavy rain. He stated his concern that development would create additional water problems. He also expressed concern that the height of the proposed house will keep sunlight from reaching the surrounding properties.

            Sarah Myers, 1231 Cambridge Blvd., expressed her concern that the proposed house would change the winter sunlight reaching their property immediately north of the proposed lot split. Ms. Myers noted that Council had discussed concerns about what might happen on the property in the future. She encouraged them to evaluate the issue based on what is at hand and not use future concerns to influence the decision.

            Rob Myers, 1231 Cambridge Blvd., expressed his concern that a decision to split the property would hurt their property value by removing green space adjacent to their property. He stated they had been told the lot could not be split and that was a factor in their decision to purchase their property. Ms. Myer said the information that the property could not be split was provided immediately prior to the auction of the 1123 Cambridge Blvd. property.  Ms. Myers stated her understanding that a variance is to solve or address a problem for a property owner but, in this situation, the variance is to benefit the property owner. It does not address a problem or issue with the property. Mr. Myers stated his opinion that the property in question was purchased at a reasonable price and should offer the purchaser a reasonable profit without the lot split and additional home.

            Michael Lucas, 1963 Village Court, stated there are currently drainage issues on the property that in his opinion could be improved or could be exacerbated by the proposed development of the property. He stated he would like to see additional study of how construction of a new house and garage would impact drainage on the property and the surrounding properties.

            Mayor Studebaker stated for clarification that when the property was being offered at auction, the agent had advertised the property as a double lot. The Village stepped in and asked that it be clarified that the property was a single large lot, but no restrictions were placed on the owner’s right to apply for a lot split and any variance that would be required. The Village only requested that the property not be promoted as two lots and never stated the owner could not apply for a split.

            Mayor Studebaker asked for additional comments or questions. Mr. Myers stated his opinion that if the split is approved, architectural review will be very important.

Ms. Myers stated she appreciates the break in the rhythm of the street provided by the open space. Ms. Elliott expressed concern that the lot split and development would leave the property at 1123 Cambridge Blvd. without a yard for a future owner.

            Mr. Artrup stated his appreciation of the point raised regarding “sun rights” and agreed that it would be appropriate to look into the issue further. Mr. Bell agreed that the height of the house and the garage are concerns that can be addressed if the lot split is approved. He expressed his interest in building a home that is an appropriate size for the Marble Cliff community.

            Mayor Studebaker expressed his appreciation for the open discussion and suggested that ongoing discussion between the parties might be advantageous.

            Mr. Kukura stated his opinion that Marble Cliff is appreciated for its large lots and the division of the original lot was unfortunate and the problem is made worse by the positioning of the house on the lot. He stated that there may be some other lots in the Village that could be divided and developed, but believes the past Council had the community’s interest in mind when it increased the minimum lot size for the Village.

Mr. Kukura stated his opinion that developing to the “fullest potential” is not always the best option for a community. Mr. Kukura handed out copies of Section 154.156 of Village Code which addresses zoning variance. He pointed out that the code requires Council to weight the variance against several factors including “beneficial use of the property without the variance”, whether the variance is “substantial,” whether the character of the neighborhood or adjoining properties would “suffer detriment”, whether the owner purchased the property with knowledge of zoning restrictions and whether the problem could be solved in some other manner. He encouraged Council to take the code requirements into serious consideration in the decision making process.

            Ms. Siefkas stated that the proposals are attractive, but is concerned about the lot coverage and the height of the proposed homes. She stated that the concerns of the neighbors are important to her in making the decision.

            Ms. Myer stated one of the reasons they purchased their home was for the lot size and it is the lot size, not the homes, which draw people to the Village.

            Mr. Roark stated his opinion that the proposal from Mr. Bell and the lot split variance provides the Village a level of control and approval over the development of the property which he appreciates. He also stated the Village has positive history and experience with Mr. Bell and Mr. Artrup in the renovation of the Tarpy House. He stated it is important to know that the proposal in front of Council is “known” and controlled.

Mr. Roark stated he appreciates and understands the concerns which have been raised. Mr. Roark stated that the Village would have little or no control if a property owner chose to demolish the existing home and build within current code or an accessory structure could be built within code that would be outside of significant oversight by the Village. Such a structure could have an impact on neighboring property.

            Mr. Sterneker asked Mr. Bell about the impact on the renovation if the lot split is not approved. Mr. Bell said there would be an impact on their renovating options if the split is not approved. He stated his goal to protect and enhance property values. Mr. Bell reminded Council that there are lots with similar widths as the proposed lot on Cambridge. He stated he and Mr. Artrup are willing to work to modify the proposal to address concerns raised by the community. Mr. Cincione stated his understanding of Mr. Bell’s position that the development of the new lot enhances the value of the 1123 Cambridge Blvd. property and allow him to do a more expansive renovation of the home. Mr. Cincione commented that over the years he has anticipated a house would be built on the property and he appreciates what Mr. Bell and Mr. Artrup bring to the situation. However,

Mr. Cincione stated his understanding of the concerns raised by the neighbors and his belief that there is room to refine and improve the proposal.

            Ms. Troiano stated her appreciation of both sides of the issue, but the concerns of the neighbors regarding a negative impact on their property is a significant concern. She also expressed her agreement that the height and size of the proposed home would negatively impact the neighboring properties.

            Mr. Johannes suggested that the question of the additional curb cut should be addressed. Ms. McKay provided a curb cut application to Mr. Bell. Based on the length  of frontage an additional curb cut would not require a variance simply approval by Council.

            Mayor Studebaker encouraged the applicant to continue refining their proposal in light of the concerns expressed. 

VISITORS

Gene McHugh from Our Lady of Victory presented refined plans for landscaping of the church property to address concerns related to screening and softening the visual impact of the parking lot. Mr. McHugh stated the new plan includes seven new blue spruces to block and break up the site lines from the surrounding streets and neighboring properties. Mr. Kukura stated he had walked the property and appreciated that there are other blue spruces on the property, but they do not seem to be growing very fast.

Mr. McHugh agreed and said they intend to plant larger trees. Mr. McHugh stated the church has received building plan approval from Mr. McFarland which is conditional upon the church satisfying the landscaping requirements of the Village. Mayor Studebaker pointed out that the placement of the proposed blue spruces along Cardigan may in time force the removal of one or more of the ornamental cherry trees. Mr. McHugh stated he researched the life span of the ornamental trees and determined that given their expected life span of approximately 20 years, they will likely be near the end of their viability before the spruce trees grow to a point forcing the removal of the ornamental trees.  

Mr. Cincione moved approval of the Our Lady of Victory Church landscaping plans dated February 15, 2010 and with the requirements that the plan be fully implemented by June 1, 2010 and the seven new blue spruce trees have a minimum canopy width of five feet. Mr. Sterneker seconded. The motion passed unanimously.

CONSENT AGENDA

 Council adopted the Consent Agenda unanimously. No items were extracted from the Consent Agenda for discussion or separate action.  

MAYOR’S REPORT

Mayor Studebaker presented Council with copies of the Chamber of Commerce directory ad and a “leave behind” developed for use with businesses requesting information about the Village. 

ENGINEER’S REPORT

Mayor Studebaker reported Mr. McFarland has reported the development of a sink hole around a storm sewer running under Dublin Rd. The emergency repairs have been completed. Camera inspection of other lines has revealed similar problems in other locations, none of which are as significant as the problem recently corrected. Mr. McFarland will bring a proposal to Council for completing all necessary repairs and restoration.  

            Mayor Studebaker reported Mr. McFarland continues to work with NiSource and the City of Columbus to finalize the paperwork for the Riversedge Bike Path extension into the Village. The necessary ordinances will receive a first reading under the New Business portion of the meeting. 

Mayor Studebaker presented a draft agreement for services from Burgess & Niple for flow monitoring as required by the OEPA Findings and Orders. Council received the proposed agreement, but no action was taken.  

SOLICITOR’S REPORT

            Mr. Banchefsky had no report. He informed Council that he would not be in attendance at the March Council meeting. Andre Porter of Schottenstein, Zox & Dunn will attend for Mr. Banchefsky.  

ADMINISTRATIVE ASSISTANT’S REPORT

            Mr. Johannes reported thirty one enrollments in Village’s email notification system. 

APPROVAL OF BILLS

Mr. Cincione moved approval of the February 2010 bills totaling $71,517.92. Mr. Kukura seconded. The motion passed unanimously. Mr. Cincione moved approval of the January 2010 amended bills totaling $73,749.25.  Mr. Kukura seconded. The motion passed unanimously. 

FISCAL OFFICER’S REPORT

            Ms. McKay reported the state auditors have completed their work at Village Hall and, based on their comments, she anticipates a good audit report. The final report will not be issued until early summer because the auditors must complete their audit of the City of Columbus Income Tax Division before the Village’s audit can be released. 

OLD BUSINESS

            Mayor Studebaker introduced the first reading of O-2251-10, An Ordinance authorizing the expenditure of funds, not to exceed $300.00 for a joint breakfast meeting with officials of Grandview Heights, declaring the expenditure to constitute a public purpose. Mr. Cincione moved the rules be suspended. Mr. Roark seconded. The motion passed unanimously. Mr. Cincione moved the adoption of O-2251-10. Ms. Troiano seconded. The motion passed unanimously.  

Mayor Studebaker presented landscaping suggestions received from residents around Arlington Circle and Village Court. The recommendation for Village Court is the removal of the center shrubs, the hawthorn tree and reseeding. Suggestions for Arlington Circle include the screening of the AT&T VRAD cabinet and the planting of some ornamental trees around the edge.  Mr. Johannes will work with Peabody to develop plans. Mayor Studebaker encouraged interested Council members to work with

Mr. Johannes and the residents to finalize a plan for presentation to Council. 

NEW BUSINESS

Mayor Studebaker introduced the first reading of O-2252-10, An Ordinance authorizing the expenditure of funds of $350 for the Music in the Park program and declaring the expenditure to constitute a public purpose.  

Mayor Studebaker introduced the first reading of O-2253-10, An ordinance accepting a fee simple dedication of _________ +/- acres from NiSource for Right of Way purposes. 

Mayor Studebaker introduced the first reading of O-2254-10, An Ordinance authorizing the Mayor to grant a deed of easement to the City of Columbus for the purpose of constructing and maintaining the proposed Scioto Trail – Riversedge Multiuse Path within the Dublin Road Right of Way.  

The state is offering the mandated Certified Public Records Training for elected officials on April 6, 2010 from 3:00-6:15 pm. Mr. Roark agreed to attend the training on behalf of all Village elected officials.  

            Mr. Roark reported the Village received an email pointing out that the Village Code regarding the operation of bicycles is inconsistent with recent changes to the state of Ohio’s code. Ms. McKay said she will check with American Legal Publishing as to why the Village’s code was not updated and report back to Council.  

Mayor Studebaker presented the opportunity to attend New Council Member training sponsored by the Ohio Municipal League. Interested Council members should let Ms. McKay know of their intention to attend so she may make reservations and arrange for payment of the registration fee.  

            Mayor Studebaker reported he has completed the required Mayor’s Court training and is available to cover a Mayor’s Court session if necessary.

ADJOURN

Mr. Cincione moved the meeting be adjourned. Mr. Roark seconded.  The motion passed unanimously.  Mayor Studebaker adjourned the meeting at 9:40 PM. 

Approved by:                                                               Submitted by: 

David T. Roark                                                            Cynthia A. McKay
Council President Pro Tem                                          Fiscal Officer

REGULAR COUNCIL MEETING OF JANUARY 18, 2010

The regular, scheduled meeting of the Council of the Village of Marble Cliff was held Monday, January 18, 2010 in the Village Hall at 1600 Fernwood Ave. at 7:00 pm.  Those in attendance were: Council Members: David T. Roark, Matthew A. Cincione, John F. Kukura, Linda J. Siefkas, Robert W. Sterneker and Kendy A. Troiano; Mayor Kent E. Studebaker, Solicitor Mitchell Banchefsky, Village Engineer Louis McFarland Administrative Assistant, William Johannes and Fiscal Officer Cynthia McKay.  Visitors and press were present. 

OATH OF OFFICE

Mayor Studebaker administered the oath of office for re-elected Council Member Matthew P. Cincione. 

REORGANIZATION OF COUNCIL

Mr. Cincione nominated David T. Roark to serve as President Pro Tem of Council for 2010. Mr. Sterneker seconded the nomination. Roll Call: Mr. Cincione, yes; Mr. Kukura, yes; Ms. Siefkas, yes; Mr. Sterneker, yes; Ms. Troiano, yes; Mr. Roark, yes. Mr. Roark was elected President Pro Tem of Council with 6 votes in favor, 0 opposed. 

VARIANCES AND PERMITS

            Mayor Studebaker introduced the first reading of O-2242-10, An Ordinance granting a side yard setback variance to David Bell for 1123 Cambridge Blvd., in the Village of Marble Cliff.

Mayor Studebaker introduced the first reading of O-2243-10, An Ordinance granting a Lot Split with variance to David Bell for Parcel Number 143-000099-00 in the Village of Marble Cliff.

Ms. McKay reported two property owners who were notified of the variance requests did not waive the twenty day notification requirement. Therefore the public hearing on Ordinances O-2242-10 and O-2243-10 cannot be held until the February regular Council meeting. The ordinances were read in title only. No member of the public asked to address the Council regarding either ordinance. No one representing the applicant was present. 

VISITORS

Jim Martin, from Genesis Planning & Design representing Time Warner, explained a request from NiSource to locate a new, permanent sign near the entrance to the south building at 1600 Dublin Rd. The proposed sign will require a variance because, if approved, it would be a fourth ground sign on the property. Code restricts each property in the B-2 Highway Business District to one ground sign. Mr. Martin explained the purpose of the sign is to identify the entrance to be used by those working for and visiting Time Warner. NiSource has applied for a permit for a temporary sign to be placed in the proposed permanent sign location until the permanent sign variance request is heard by Council. The temporary sign permit will be issued administratively within the coming days. Ms. McKay reported a formal variance application will be forth coming and scheduled for hearing at the February regular Council meeting. Mayor Studebaker reported an existing sign at the southwest corner of the south building will be refaced to direct visitors to the correct Time Warner entrance or NiSource entrance and parking.

Gene McHugh from Our Lady of Victory presented an update on the church’s plans to complete the landscaping which was part of the plan prepared and approved by Council prior to the construction of the Parish Life Center. Mr. McHugh reviewed the existing landscaping at the church. Following the November regular Council meeting, the church’s landscaping and building committees reviewed the concerns raised by Council regarding screening the parking lot. Mr. McHugh explained the committee proposes planting groupings of blue spruces between the existing deciduous trees along Cardigan Ave. to provide year round screening of the parking lot. He explained the meditation garden provides a focal point which screens the parking lot at the corner. Along Roxbury there are small shrubs and a low stone wall that break up the sight lines. The committee believes that it is important to have open sight lines at the entrance to the parking lot on Roxbury Rd. to ensure pedestrian and vehicular safety. Mr. McHugh also expressed the committee’s opinion that the natural slope of the land is favorable and minimizes the appearance of the paving.

Mr. McHugh explained the updated plan calls for two groupings of three blue spruces to give good coverage immediately. Over time the middle tree in each group could be removed to allow for full tree growth to maturity. The blue spruce is recommended because of its attractive shape and full to the ground coverage and because the property already has several blue spruces. Mr. Kukura suggested some evergreens might also be added near the west parking lot entrance off Cardigan to screen the lower lot. Council concurred that the plans are on track to address concerns. Mr. McHugh stated he plans to bring a final plan to the Council at the February meeting with a goal of planting in early spring. Mayor Studebaker reported he has asked Mr. Sterneker to act as liaison between OLV and Council and suggested, if questions arise, that he contact Mr. Sterneker.            

MAYOR’S REPORT

The Mayor’s Court Reports for December 2009 were presented. 

The Police Report for December 2009 was presented. 

Mayor Studebaker reported the Grandview Area Chamber of Commerce is preparing a membership directory for the first time in four years. The new directory is designed to have a shelf life of two years. Ms. Siefkas has been working on a layout for a Village advertisement designed to attract businesses to consider locating in Marble Cliff. She recommended the Village purchase a half-page ad at a cost of $760.00. Ms. Troiano noted that she would not participate in the discussion or action due to a conflict of interest – Ms. Troiano’s sister, Michelle Wilson, is the executive director of the chamber.Mr. Cincione moved the Mayor be authorized to spend up to $760.00 for Village advertising in the Grandview Area Chamber of Commerce Membership Directory. Mr. Kukura seconded. The motion passed five in favor with one abstention. 

Mayor Studebaker proposed Council consider modifying its standard meeting agenda to include a “Consent Agenda” which would permit the Council to act on a number of routine items in a single action. Mr. Studebaker explained that any item in the consent agenda can be removed by any Council member, Village staff member or visitor for question or discussion and then voted on separate from the Consent Agenda. The purpose of a Consent Agenda is to streamline the routine business of the meetings and open up more time for discussion and consideration of Village business. Council concurred with the Mayor’s proposal. 

Mayor Studebaker reported NiSource is working with another employer interested in occupying a portion of their building on Dublin Rd. Mayor Studebaker asked Council to continue considering how the Village might respond to requests from businesses for economic incentives similar to those recently given to Time Warner. He also recommended Council members familiarize themselves with economic development programs offered by other central Ohio communities. Council discussed various economic development options available to the Village. 

ENGINEER’S REPORT

Mr. McFarland reported he and the Fiscal Officer have completed the work necessary to present a recommendation to Council for establishing the Right of Way (ROW) Construction Permit Fee for 2010 in compliance with the Village’s ROW legislation adopted in 2009. The method of establishing the permit fee defined by the legislation is based on historical information. Therefore, Mr. McFarland explained, he and the Fiscal Officer examined the Village’s actual cost experience for ROW construction projects in 2008 and 2009; then analyzed the information using three methods to determine an appropriate 2010 Construction Permit Fee.  Method 1 compared actual expense to actual revenue and calculated a 2010 Construction Permit Fee of $28,223. Method 2 compared actual expenses to an estimated revenue had the Village had a construction permit fee of $500 in 2008 and applied the ROW legislation permit fee calculation to that fee for 2009 and again for 2010. Method 2 resulted in a 2010 Construction Permit Fee of $2,257.00. Method 3 applied a flat $500 fee to both 2008 and 2009 to determine the impact of such a fee on revenue relative to actual costs.

Mr. McFarland and Ms. McKay recommended that, despite the ability of the Village to justify a ROW Construction Permit Fee of $2,257.00, the Village adopt a more reasonable fee that would not discourage the utilities from doing necessary work within the Village. Council discussed the information provided. Mr. McFarland and Ms. McKay recommended the Council set the construction fee at $500 for 2010. Ms. McKay reported she asked Christopher Miller if he would have any legal concerns if the Village set the fee below the amount justified by the calculations. Mr. Banchefsky stated his concurrence with Mr. Miller’s opinion that a decision to set the fee below the amount allowed by the legislation does not create concerns and should not create any problems with the PUCO.

Mayor Studebaker introduced the first reading of O-2248-10, An Ordinance to codify new annual permit fees for Construction Permits issued for work in Village Rights of Way. Mr. Roark moved O-2248-10 be amended to designate the Construction Permit Fee for 2010 at $500.00. Mr. Kukura seconded. The motion passed unanimously. Mr. Roark moved the rules be suspended. Ms. Troiano seconded. The motion passed unanimously. Mr. Roark moved the adoption of O-2248-10 as amended. Mr. Sterneker seconded. The motion passed unanimously.  

            Mr. McFarland reported he has become aware of some erosion along Dublin Rd. at one of the stormwater sewer intakes south of W. Fifth Ave. Grandview Heights cannot do the repair and Franklin County and ODOT are not responsible for the storm sewers along Dublin Rd – they are responsible only for maintaining the road’s surface.  Mr. McFarland plans to have the storm sewer lines cleaned and televised to determine the cause of the problem and develop a plan to address the erosion. He will bring a cost estimate to Council. 

Mr. McFarland reported he is working with the City of Columbus to complete the transfer of property from NiSource to the Village of Marble Cliff and the granting of a permanent easement to the Columbus Parks and Rec. Dept. to accommodate the proposed multi-purpose trail (bike path). The process requires a lot split and transfer that must be approved by Council. The Village must also define Columbus’ long term obligations to maintain the path. Mr. McFarland stated he will work with Mr. Banchefsky and Ms. McKay to prepare the necessary legislation and present it to Council at an upcoming meeting. Mr. McFarland is also investigating options for updating the traffic control at the intersection of Dublin Rd. and W. Fifth Ave. to address safety concerns related to increased pedestrian and bicycle traffic created by the new multi-purpose trail. Work at the intersection may also create the need to bring the intersection and ramps into compliance with ADA requirements.  

Mr. McFarland stated he will prepare a detailed proposal to complete the flow monitoring required by the OEPA Findings and Orders and present it to Council at an upcoming meeting.  

Mr. McFarland left the meeting at this point. 

SOLICITOR’S REPORT

            Mayor Studebaker introduced the third reading of O-2234-09, An Ordinance authorizing the Mayor and Fiscal Officer to enter into a contract for professional legal services with Schottenstein, Zox & Dunn, LPA for a one year period from February 1, 2010 through January 31, 2011. Ms. Troiano abstained from any discussion or vote on O-2234-09 citing a conflict of interest. Mr. Cincione moved the adoption of O-2234-09. Mr. Roark seconded. The motion passed five in favor and one abstention.   

ADMINISTRATIVE ASSISTANT’S REPORT

Mr. Johannes reported the following building permits were issued in December: 

MC-2009-65 Columbia Gas System, 1600 Dublin Rd., Trubilt Construction Services, LLC, building permit ($150,000); permit $4610.00, surcharge $138.30                  Paid $4748.30 

MC-2009-66 Columbia Gas System, 1600 Dublin Rd., MJB Electric Service Inc., electrical permit ($98,000); permit $287.35, surcharge $8.62                                           Paid $295.97 

MC-2009-67 Columbia Gas System, 1600 Dublin Rd., Mid-Ohio Air Conditioning Corp., HVAC permit ($6,000); permit $80.00, surcharge $2.40                                 Paid $82.40 

Mr. Johannes reported 22 people have signed up for the Village’s new e-mail notification system.  

Mr. Johannes presented a proposal from Ahlum & Arbor to provide fungicide spraying of Village hawthorn and crabapple trees. Mr. Cincione moved acceptance of the Ahlum and Arbor proposal of $1,188.00 to provide three fungicide treatments of Village tree lawn hawthorn and crabapple trees. Ms. Siefkas seconded. The motion passed unanimously. 

APPROVAL OF MINUTES AND BILLS

Mr. Cincione moved the minutes of the December 21, 2009 regular meeting be approved. Mr. Kukura seconded.  The motion passed unanimously. 

Mr. Cincione moved approval of the January 2010 bills totaling $73,759.25. Mr. Sterneker seconded. The motion passed unanimously. 

Mr. Sterneker moved approval of the December 2009 amended bills totaling $67,872.17.  Ms. Siefkas seconded. The motion passed unanimously. 

FISCAL OFFICER’S REPORT

The financial statements for December 2009 were presented. Mr. Cincione moved acceptance of the December 2009 financial statements. Mr. Kukura seconded.  The motion passed unanimously. 

The Village income tax report was submitted.  Gross receipts for January 2009 were $48,740.84. 

Mayor Studebaker introduced the first reading of O-2244-10, An Ordinance to amend Ordinance O-2230-09 (2010 APPROPRIATION ORDINANCE) to make a supplemental appropriation of $1,967.35 to the 2009 Stormwater and Sanitary Sewer Improvements Fund and to approve an advance of $.01 from the General Fund to the 2009 Stormwater and Sanitary Sewer Improvements Fund. Mr. Roark moved the rules be suspended. Mr. Cincione seconded. The motion passed unanimously. Mr. Cincione moved the adoption of O-2244-10. Mr. Roark seconded. The motion passed unanimously. 

Mayor Studebaker introduced the first reading of O-2245-10, An Ordinance authorizing the Fiscal Officer to execute a depository agreement for active, interim and/or inactive public funds with Fifth Third Bank for the Village of Marble Cliff. Ms. Troiano moved the rules be suspended. Mr. Cincione seconded. The motion passed unanimously. Mr. Roark moved the adoption of O-2245-10. Mr. Sterneker seconded. The motion passed unanimously. 

Ms. McKay reported the auditors from the state will begin the Villages bi-annual audit on January 19, 2010.  

No correspondences were received.

OLD BUSINESS

            Mayor Studebaker introduced the third reading of O-2236-09, An Ordinance authorizing an agreement with __________________ to provide Mayor’s Court Magistrate Services for a one-year period from January 1, 2010 through December 31, 2010. Mr. Cincione moved Ordinance 2236-09 be amended to specify Charles Kelsey as Magistrate for a one year period from January 19, 2010 through December 31, 2010 at a fee of $100 per hour with a minimum compensation of $100 per court session. Mr. Kukura seconded. The motion passed unanimously. Mr. Cincione moved the adoption of O-2236-09 as amended. Mr. Kukura seconded. The motion passed unanimously. 

Mayor Studebaker introduced the second reading of O-2241-09, An Ordinance providing for additional legal counsel for the Village of Marble Cliff, Ohio, authorizing the employment of Public Defenders in connection with the defense of indigent defendants charged in criminal and traffic cases in the Municipal Court of Franklin County, Ohio, setting compensation of said assistants, authorizing the Mayor to enter into a contract with the Franklin County Public Defender Commission to accomplish such purposes. Mr. Roark moved the rules be suspended. Mr. Cincione seconded. The motion passed unanimously. Mr. Roark moved the adoption of O-2241-09. Mr. Cincione seconded. The motion passed unanimously. 

NEW BUSINESS  

Mayor Studebaker introduced R-2246-10, A Resolution authorizing the Mayor to execute the 2010 Plumbing inspection contract between the Village of Marble Cliff and the Franklin County Board of Health. Mr. Cincione moved the rules be suspended. Mr. Roark seconded. The motion passed unanimously. Mr. Cincione moved the adoption of R-2246-10. Mr. Roark seconded. The motion passed unanimously. 

Mayor Studebaker introduced the first reading of O-2247-10, An Ordinance accepting change orders submitted Reynolds Inliner LLC for the 2009 Stormwater & Sanitary Sewer Improvements, and determining a final payment to Reynolds Inliner LLC by the Village of Marble Cliff. Mr. Cincione moved the rules be suspended. Ms. Troiano seconded. The motion passed unanimously. Mr. Cincione moved the adoption of O-2247-10. Mr. Kukura seconded. The motion passed unanimously. 

Mayor Studebaker reminded Council that the Falco Scholarship Committee must be re-established for 2010. He stated the terms designating the scholarship committee are that the Mayor and Council President serve on the committee along with three members of Council. Mayor Studebaker stated Mr. Kukura has agreed to serve and act as chair of the committee. Mayor Studebaker asked other members of Council who are interested in serving to notify Mr. Kukura. 

Mayor Studebaker reported Steve Reynolds, Grandview Heights Council President, has suggested the officials of both communities hold a breakfast to become reacquainted with one another. It has been several years since such a meeting has been held. Council agreed they would welcome such an opportunity and recommended that the two communities “go dutch” rather than have one community or the other host. Mayor Studebaker will contact Mr. Reynolds to finalize the date and Ms. McKay will bring the appropriate legislation to the next Council meeting.  

Mayor Studebaker reported he has asked Mr. Sterneker to act as a Council contact point for Our Lady of Victory Catholic Church. He has also reported Ms. Siefkas is working with IDC to develop an economic development fact sheet. IDC will provide design and copy right support for approximately $250.00.  

Mayor Studebaker encouraged Council to place items of concern or needing attention on the agenda for discussion.   

ADJOURN

Mr. Cincione moved the meeting be adjourned. Mr. Kukura seconded.  The motion passed unanimously.  Mayor Studebaker adjourned the meeting at 9:20 PM. 

Approved by:                                                               Submitted by: 

David T. Roark                                                            Cynthia A. McKay
Council President Pro Tem                                          Fiscal Officer

VILLAGE OF MARBLE CLIFF
WINTER 2010 NEWSLETTER 

New Village communication tool available to businesses and residents 

Do you want to get the latest information from the Village? Here’s how:

• Go to www.grandviewheights.org/list.aspx
• Fill in e-mail information
• Check the Marble Cliff information box
• Hit subscribe

After signing up, important Village information will be e-mailed to your computer or phone. The service is voluntary and controlled by you. Your e-mail address will be kept confidential and will not be sold, disclosed to others or used for unsolicited mass mailings (spam).  

And don’t forget to check the Village web site, www.marblecliff.org, periodically. It is regularly updated with Village information, including Council meeting agenda and minutes, Service Department announcements about recycling and waste pickup, and other information pertinent to Village residents and businesses.  

What is your vision for Arlington Circle and Village Court Circle?  The areas need landscape improvement, but before Council meets with landscapers, it wants your feedback on how the two areas should be used. By January 31^st, please send your thoughts to Village Hall by mail or e-mail, marblecl@rrcol.com.  

Winter snow responsibilities   Residents are reminded that “it shall be the duty of every owner of any lot or parcel of land in the Village, to keep the paved sidewalks and gutters in front of and abutting upon such or parcel of land, constantly in good order and repair and free from snow, ice, debris or other nuisance.” (Ordinance 92.03b) In addition, tenants of commercial buildings have the responsibility to keep the premises, which include the public sidewalks, free and clear of all trash, litter, bottles, cans, obstructions, snow, ice, etc. This is especially important for our children who walk to school on snowy mornings.  

Congratulations to our new Village officials On January 1, 2010, the following Village officials (Council: 3 re-elected, 1 newly elected, 1 appointed, and 1 mid-term incumbent; Mayor appointed) began a new Council year: 

Mayor:                    Kent E. Studebaker-  1492 Roxbury Rd.

Council President:   David A. Roark-1970 Cardigan Ave.

Councilpersons:      Matt Cincione-  1228 Cambridge Blvd.
                             Jack Kukura- 1435 Cambridge Blvd.
                             Linda Siefkas-1560 Roxbury Rd.
                             Rob Sterneker- 1515 Cambridge Blvd.
                             Kendy A. Troiano- 1969 Cardigan Ave. 

Thank you to Mayor Murray, Anne Jewel, and Don Mares At the
December 21, 2009 Council Meeting, Council passed resolutions expressing appreciation to Mayor Richard Murray, Councilperson Anne Jewel, and Village Engineer, Donald Mares for their faithful, dedicated, and valuable service to the Village. Rich served as Mayor from 2004-2009 and led several Village projects to successful completion. Anne served on Council from 1998-2009 and was a champion for Tarpy Woods and a pedestrian-friendly village. Don was Village Engineer and served the Village for over 9 years. Best wishes go to these three who served the Village well.  

Meet our new Mayor, Kent Studebaker Following the resignation of Mayor Murray, Council President, Kent Studebaker, of 1492 Roxbury Road, assumed the duties of Mayor on November 1, 2009. Kent will complete the final two years of the Mayor’s term of office. Kent and his wife, Susan, moved to Marble Cliff in   1993 from German Village. They are proud parents of two grown sons. He looks forward to his new duties, working with Marble Cliff Council and residents, as well as Grandview Council and Mayor Ray DeGraw. Kent plans to be available at Village Hall on Wednesday mornings.

Recycling day changed Effective January 4, 2010, trash AND recycling will be collected on Friday in Marble Cliff. Recycling collection will begin at 7:30 a.m., followed by trash collection at 9:30 a.m. Please remember to:
 * Have recycling out at the curb by 7:30 a.m.
 * Put recycling in plastic bags which are tied closed, in recycling bins, or in a 32      
         gallon garbage can that weighs 50 lbs. or less per container, with lid and
         recycle sticker displayed.
 * Cans without yard waste or recycle stickers are taken as trash.
 * Have trash ready for pickup by 9:30 a.m. Trash MUST be bagged and tied.
 * Trash will be picked up at the same location as before.
 * Please clean cans periodically. 

Report sanitary sewer overflows  The Village has established a procedure for the reporting of possible sanitary sewer overflows. If you believe a sanitary sewer overflow may have occurred or is occurring, please call the Village Hall at 486-6993 or Grandview Heights Service Department at 488-4728. 

New grease trap ordinance In our efforts to keep Village sanitary sewer lines flowing freely, the Village has enacted a grease trap ordinance that requires all grease traps in churches and businesses to be inspected during the year. 

Notify OUPS before digging If work must be done on your property and/or in the tree lawn, please have your contractor contact OUPS so all utilities may be located before digging.  

Yard sign ordinance
The Marble Cliff sign ordinance is highly restrictive in order to insure and maintain the residential character of our neighborhood. Village Code permits the following signs to be displayed in the R-1 Residential District:
              House for sale, Open House, or Lease/Rent signs
              Political signs
              Numerical address signs
              Student achievement signs

              Code DOES NOT permit display of any other kind of sign, including
                  those of:
              Businesses
              For-profit and charitable/non-profit organizations
              Schools and churches
              Contractors/builders

If a resident wishes to display a prohibited sign for no more than 60 days, a temporary sign permit application must be submitted to Village Hall. After review of the application and proposed sign design, the Mayor or his designee may authorize the request or defer the decision to Village Council for its approval or disapproval at a regularly scheduled Council meeting.  

Watch out for our children With the large number of children and residents using Village sidewalks, property owners are asked to be very careful when backing down driveways and approaching intersections. Property owners must trim vegetation so that adequate sightlines (as defined by Village ordinance) are maintained for pedestrians and drivers to see each other. 

Holiday party a success Over 150 people attended the Village Holiday party at the Our Lady of Victory Parish Life Center. Thanks to all who made the party possible. 

Village Welcomes Time Warner to our Dublin Road Business District  Time Warner Communications has located a portion of their business operations in the former NiSource/Columbia Gas building on Dublin Road.  The Village worked with Time Warner to make the Village location their choice for initially locating approximately 175 employees, with potential employee growth over their 5-year lease. An economic incentive package offered by the Village to Time Warner was instrumental in their decision to come to the Village. The package provides for a $100,000 incentive from non-tax village revenue over the 5-year lease if Time Warner maintains a delineated base employment and payroll level. Time Warner employees started occupying the space shortly before the holidays and the numbers will increase during the first of the year. We welcome Time Warner as our newest business to the Village. 

Tree lawn responsibilities Residents are responsible for mowing tree lawn grass and removing low hanging limbs from trees planted in the tree lawn. Residents MAY NOT plant or place anything in the tree lawn.

Professional services contracts renewed  The Village has renewed its annual contract for legal services with the law firm of Schottenstein, Zox, and Dunn. The contract for ongoing engineering services remains with Burgess and Niple Inc. 

Village tax collections  Council continues to retain Robert Curtin to audit and review income tax policies and taxpayer filings. Residents are reminded that they must file a Village tax return through the City of Columbus if they have generated income within the Village.   

Christmas tree pickup scheduled for January  Christmas trees left along the curb will be picked up by Parks and Rec between January 4 and January 29. Just the tree please- NO BAG, WIRE, STAND, OR PLASTIC on the tree! 

“While you are away”- The Grandview Heights Police Dept. will perform a “premise check” of your home at no cost. You may register for the service by visiting or calling the Grandview Heights Police Station, 1066 Grandview Ave. 

Peabody Landscape to maintain Village areas in 2010. Council has awarded the 2010 public green space, park, and lawn maintenance contract to Peabody Landscape for the fifth consecutive year. Village administration was very pleased with the workmanship, responsiveness, and value provided by Peabody this past season.

Thanks to all who improved their property during 2009. The Village had 67 building permits issued by the Grandview Heights Building Department during the year. The Village appreciates all the improvements made by the owners of homes and businesses throughout the community. The Village also made the following improvements to its infrastructure during the year:

• Completion of the new AEP power circuit buried along Arlington Avenue
•  New storm water sewer intakes along Cardigan Ave. and updated storm   
   water pipe lining under the railroad tracks
• Extension of Cardigan Ave. west of Roxbury
• Updated storm water outfall from Village Court
• Sanitary sewer relining on Arlington, Village Court, and Cambridge Blvd.
• Intersection improvements at Third/Cambridge and First/Cambridge
• Sidewalk leveling and smoothing

Village projects scheduled for 2010 The Village will implement its agreement with the EPA and begin flow monitoring during the early spring. It has been two years since similar work was performed. In addition, sidewalks and drive aprons will be inspected for replacement and a Dublin Road stormwater outfall will be repaired.

COUNCIL MEETING OF DECEMBER 21, 2009

The regular, scheduled meeting of the Council of the Village of Marble Cliff was held Monday, December 21, 2009 in the Village Hall at 1600 Fernwood Ave. at 7:00 pm.  Those in attendance were: Council Members: David T. Roark, Matthew A. Cincione, John F. Kukura, Robert W. Sterneker and Kendy A. Troiano; Mayor Kent E. Studebaker, Solicitor Mitchell Banchefsky, Village Engineer Louis McFarland Administrative Assistant, William Johannes and Fiscal Officer Cynthia McKay.  Visitors and press were present. Council Member Anne F. Jewel was not present. 

OATH OF OFFICE

Mayor Studebaker administered the oath of office for newly appointed Council Member Kendy A. Troiano. 

MAYOR’S REPORT

The Mayor’s Court Reports for November 2009 were presented. 

The Police Report for November 2009 was presented. 

ENGINEER’S REPORT

Mr. McFarland reported he and Mr. Mares met with Ms. McKay to discuss implementation of the Right of Way Legislation and to establish the fees for 2010. The fees should be available for Council action at the January 2010 meeting. 

Mr. McFarland reported he, Mayor Studebaker and Ms. McKay met with representatives of American Electric Power’s Risk Management Division to finalize AEP’s reimbursement to the Village for the repair and restoration of the Village’s sanitary sewer on Arlington Ave. damaged by AEP during the installation of their underground cable. Upon final payment from AEP and release by the Village, the project and settlement will be complete and Ms. McKay will make final payment to AEP for the Village’s portion of the cost to install the underground cable.  

Mr. McFarland reported he is investigating erosion around a Village storm sewer outfall on the west side of Dublin Rd. south of W. Fifth Ave. The erosion will begin to impact the condition of the road if not corrected. He reported he contacted the Franklin County Engineer and the Ohio Department of Transportation to determine if either entity has jurisdiction over the area and might be able to perform or participate in any necessary repair work, but he anticipates the repair work will be the responsibility of the Village. Mr. McFarland stated he will continue to work to identify the cause of the erosion and develop a plan for repair. 

Mr. McFarland reported he has spoken with the site engineers working with Our Lady of Victory Catholic Church. They have begun work on the stormwater retention system design for the addition to the building. He has provided an estimate for B&N’s engineering reviews and inspections. Ms. McKay has notified Our Lady of Victory of the requirement to deposit the estimated fee and reimburse the Village for the unpaid fees from the project to demolish the convent and school and construct the Parish Family Center and parking lots.  

ADMINISTRATIVE ASSISTANT’S REPORT

Mr. Johannes reported the following building permits were issued in November: 

MC-2009-48 Marble Cliff 2150 LLC, Broadview Security, commercial burglar alarm permit ($249.00); permit $124.00, surcharge $3.72                                           Paid $127.72 

MC-2009-49 Bishop, 1559 Roxbury Rd., Wenger Temperature Control Inc., gas piping permit ($3,000); permit $175.00, surcharge $5.25                                           Paid $180.25 

MC-2009-50 Swary, 1420 Arlington Ave., Muetzel Plumbing Company, sewer repair permit ($3,611); permit $60.00                                                                      Paid $60.00 

MC-2009-51 Mattingly, 1582 Cambridge Blvd., Sewer Rat, sewer repair permit ($3200); permit $60.00                                                                                                 Paid $60.00

MC-2009-52 North American Broadcasting, 1458 Dublin Rd., The Favret Company, HVAC permit ($6,735); permit $75.00, surcharge $2.25                                             Paid $127.75 

MC-2009-53 Thomas, 1461 Cambridge Blvd., Limes Plumbing Co., plumbing permit ($2,100); permit $90.00, surcharge $.90                                                            Paid $90.90 

MC-2009-54 AT&T VRAD, 1610 Fernwood Ave., Roberts Electrical Construction, electrical permit; ($2,300) permit $80.00, surcharge $2.40                                              Paid $82.40 

MC-2009-55 Thomas, 1461 Cambridge Blvd., M.L. Heating Co. Inc., HVAC permit ($1,530); permit $80.00, surcharge $.80                                                            Paid $80.80 

MC-2009-56 Columbia Gas System, 1600 Dublin Rd., Trubilt Construction Services, LLC, building permit ($150,000); permit $2030.00, surcharge $60.90              Paid $2090.90 

MC-2009-57 Columbia Gas System, 1600 Dublin Rd., Mid-Ohio Air Conditioning Corp., HVAC permit ($20,000); permit $380.00, surcharge $11.40                                 Paid $391.40 

MC-2009-58 Columbia Gas System, 1600 Dublin Rd., Abram Contractors, plumbing permit ($18,200); permit $735.00, surcharge $22.05                                          Paid $757.05 

MC-2009-59 Columbia Gas System, 1600 Dublin Rd., MJB Electric Service Inc., electrical permit ($40,000); permit $397.09, surcharge $11.91                                Paid $409.00 

MC-2009-60 Kessler, 1208 Cambridge Blvd., Trovato Electric Co., electrical permit ($1,400); permit $80.00, surcharge $.80                                                           Paid $80.80 

MC-2009-61 Clary, 2079 W. Fifth Ave., Favret Heating and Cooling, HVAC permit ($3,225); permit $75.00, surcharge $2.25                                                          Paid $77.25 

MC-2009-62 Thompson, 1469 Roxbury Rd., Jack Woods Plumbing, plumbing permit ($2,980), permit $35.00, surcharge $.35                                                           Paid $35.35 

MC-2009-63 Columbia Gas System, 1600 Dublin Rd., MJB Electric Services Inc., fire detection permit ($6,000); permit $289.25, surcharge $8.68                                  Paid $297.93 

MC-2009-64 Columbia Gas System, 1600 Dublin Rd., Capital Fire Protection., fire suppression permit ($6,000); permit $323.50, surcharge $9.70                                  Paid $333.20 

            Mayor Studebaker reported he and Mr. Johannes visited the Time Warner offices in the NiSource property. He reported they met with Steve Bertsch who is the manager of the accounting group which is located on the first floor of the south building. The third floor is being built out as a call center for Time Warner although only a portion of the third floor will be used initially. Mayor Studebaker reported Time Warner has an option to expand into the main building if needed. The second floor of the building is currently used by NiSource for their billing operation. Mr. Johannes reported that the Time Warner employees will be new to the Columbus area; the employees will either be transferred from Time Warner operations outside of central Ohio or new hires.

            Mr. Studebaker also reported he worked with NiSource’s representatives to prepare information for Ohio State University which is interested in moving some non-academic offices off campus. Although OSU has decided not to locate offices in Marble Cliff at this time, they may consider the Marble Cliff location in the future.  

Mr. Cincione arrived at this point 

VARIANCES AND PERMITS

Mayor Studebaker introduced the second reading of O-2232-09, An Ordinance granting a fence variance to Lou Ann Ransom for the property at 2000 Aladdin Woods Court in the Village of Marble Cliff and declaring an emergency.

Mayor Studebaker reported the fence company did install a line to show the top of the fence. Ms. Schmalz has not objected to the fence. Mr. Cincione moved the rules be suspended. Mr. Roark seconded. The motion passed unanimously. Mr. Cincione moved the adoption of O-2232-09. Mr. Kukura seconded. The motion passed unanimously. Mr. Cincione moved the ordinance be adopted as emergency legislation in order to complete installation of the fence during the current construction season. Mr. Sterneker seconded.  Roll call: Mr. Roark, yes; Mr. Cincione, yes; Mr. Kukura, yes; Mr. Sterneker, yes; Ms. Troiano, yes. The motion passed unanimously.  

Mayor Studebaker introduced the third reading of O-2233-09, An Ordinance granting a front yard structure variance and front yard setback variance to Sharon K. Hendershot, for the property at 1454 Cambridge Blvd., in the Village of Marble Cliff. Mr. Cincione abstained from discussion and action on the ordinance citing a conflict of interest. Mr. Roark moved the adoption of O-2233-09. Mr. Kukura seconded. The motion passed unanimously. 

            Mayor Studebaker introduced for Council consideration a demolition permit application submitted by Ryan Gruebmeyer for 1564 Arlington Ave. Mr. Gruebmeyer explained significant damage has been done to the kitchen, including the foundation, by a water leak in the dishwasher. Repair of the damage will require the removal of exterior walls, floor joists and the foundation of the kitchen. The kitchen is a separate, one floor portion of the existing home. He explained that the new construction will not require any variances and they plan to use materials to match the exterior of the house. Mr. Cincione moved approval of the demolition permit for 1564 Arlington Ave. Mr. Sterneker seconded. The motion passed unanimously. 

VISITORS

David Bell, owner of 1123 Cambridge Blvd. and BJ Artrup (Mr. Bell’s architect) presented plans for the renovation of 1123 Cambridge Blvd. Mr. Bell stated the house is “turned” on the property, having been originally oriented toward Dublin Rd. with the backside of the house facing on Cambridge Blvd. He explained that the property is an investment for him and he hopes to enhance the value of the property and the surrounding properties. Mr. Bell explained his plan is to apply for several variances along with a lot split, but stated he wanted to get feedback from Council before moving ahead with the formal applications.

Mr. Artrup presented conceptual drawings of the proposed improvements to the home at 1123 Cambridge Blvd. as well as information on possible construction on the lot split on the north end of the 1123 lot. The proposed lot split would result in a lot which does not conform to current Village Code and would require a variance. Mr. Artrup stated that the design of the house on the new lot would be controlled by Mr. and Mrs. Bell, but it is their ultimate plan to sell both properties if the lot split is approved. Council asked questions and discussed the conceptual plans for both the existing home and the lot split.

Council asked Mr. Bell and Mr. Artrup to provide information on the size of the other lots on Cambridge Blvd. below W. First Ave. Council raised concerns regarding the possible sale of the new lot prior to construction and discussed options available to the Village to insure the property, if divided, is developed and the house is designed in a manner consistent with the look and quality of other Village residential properties. Council expressed concern that any new house fit into the neighborhood and not stand out as new construction. Mr. Banchefsky stated that there may be several options available to address Council’s concerns.

            Mr. Bell stated he will make the necessary applications for the variances and the lot split. He stated he will also discuss the proposal with the neighbors.  

Mr. McFarland left the meeting at this point.

SOLICITOR’S REPORT

Mayor Studebaker introduced the third reading of O-2231-09, An Ordinance authorizing the Mayor to execute the Economic Development Agreement between the Village of Marble Cliff and Time Warner Communications and declaring an emergency.

Mr. Banchefsky summarized the proposed agreement. Mr. Banchefsky stated he reviewed the agreement in light of the concerns raised by Council at their November meeting including the suggestion to reduce the Village’s obligations relative to Time Warner’s reduction in the benchmark for number of employees and income tax revenue. Mr. Banchefsky stated his opinion that the financial benefit to the Village of modifying the proposed terms was minimal. He stated that the benefit to the Village of encouraging the economic development and relocation is significant and recommended that the Village not modify the agreement. Mr. Roark moved the adoption of O-2231-09. Ms. Troiano seconded. The motion passed unanimously. Mr. Roark moved the ordinance be adopted as emergency legislation to facilitate the timely relocation of Time Warner employees into the Village and for the general economic development of the Village. Mr. Kukura seconded.  Roll call: Mr. Roark, yes; Mr. Cincione, yes; Mr. Kukura, yes; Mr. Sterneker, yes; Ms. Troiano, yes. The motion passed unanimously.  

            Mayor Studebaker introduced the second reading of O-2234-09, An Ordinance authorizing the Mayor and Fiscal Officer to enter into a contract for professional legal services with Schottenstein, Zox & Dunn, LPA for a one year period from February 1, 2010 through January 31, 2011.

            Mr. Banchefsky explained that the proposed agreement is unchanged from the 2009-2010 agreement. Ms. Troiano abstained from any discussion regarding the ordinance due to a conflict of interest. 

APPROVAL OF MINUTES AND BILLS

Mr. Cincione moved the minutes of the November 16, 2009 regular meeting be approved. Mr. Sterneker seconded.  The motion passed unanimously. 

Mr. Cincione moved the minutes of the November 20, 2009, special meeting be approved. Mr. Sterneker seconded.  The motion passed unanimously. 

Mr. Cincione moved approval of the December 2009 bills totaling $67,362.44.  

Ms. Troiano seconded. The motion passed unanimously. 

FISCAL OFFICER’S REPORT

The financial statements for November 2009 were presented. Mr. Cincione moved acceptance of the November 2009 financial statements. Mr. Roark seconded.  The motion passed unanimously. 

The Village income tax report was submitted.  Gross receipts for December 2009 were $34,077.59. 

Mr. Cincione moved the Fiscal Officer be instructed to process and pay all routine bills received prior to year end. Mr. Roark seconded. The motion passed unanimously. 

Ms. Troiano moved approval of the following supplemental appropriations: 

$3,000 from 1000-410-347-0000 to 1000-731-346-0000 for Engineering Services

$3,000 from 1000-670-399-0000 to 1000-731-346-0000 for Engineering Services

$1,000 from 1000-715-341-0008 to 1000-715-341-0003 for Mayor’s Court

$2,000 from 1000-130-311-0001 to 1000-730-640-0000 for Building Inspections

$1,500 from 1000-390-399-0000 to 1000-715-341-0032 for Gen. Leg. Expenses 

Mr. Cincione seconded. The motion passed unanimously.

Ms. McKay presented a final report on the Village holiday party. Extra food from the party was donated to the Grandview Heights Police and Fire Departments. The extra plush toys were given to GHFD and PD to have available to hand out to children in the community as needed. 

Ms. McKay reported she has been contacted by the Auditor of State. The Auditor’s office plans to begin the Village’s bi-annual audit in January 2010.

            Council discussed the proposed meeting schedule for 2010. Mr. Sterneker moved approval of the 2010 Council Meeting Schedule. Ms. Troiano seconded. The motion passed unanimously. The meeting schedule will be as follows: 

Monday, January 18, 2010                              Monday, July 19, 2010

Monday, February 15, 2010                            Monday, August 16, 2010

Monday, March 15, 2010                                 Monday, September 20, 2010

Monday, April 19, 2010                                    Monday, October 18, 2010

Monday, May 17, 2010                                    Monday, November 15, 2010

Monday, June 21, 2010                                   Monday, December 13, 2010 

The following correspondences were received:

1.      Ohio Dept of Commerce-Liquor Control re: Permit Renewal Objection Process

2.      Columbia Gas of Ohio re: Rate Increase – Rider IRP/Rider DSM

3.      Fr. Cty EMA letter re: Warning Siren Upgrade

4.      Ohio Mun. League re: Membership Services and Training Schedule

5.      OUPS letter re: 2010 rates

6.      Anne Jewel e-mail re: Bike Trail

7.      AEP Letter re: United Way Donation 

Mr. Johannes agreed to contact Franklin County Emergency Management to gather additional information regarding the Village’s emergency siren and report back to Council. 

OLD BUSINESS

            Mayor Studebaker introduced the third reading of O-2230-09, 2010 Annual Appropriation Ordinance. Mr. Cincione moved the adoption of O-2230-09. Mr. Roark seconded. The motion passed unanimously.  

Mayor Studebaker introduced the second reading of O-2236-09, An Ordinance authorizing an agreement with _______________________ to provide Mayor’s Court Magistrate Services for a one-year period from January 1, 2010 through December 31, 2010.Mr. Banchefsky reported he is continuing to work with Mr. Johannes to identify a magistrate for Mayor’s Court. 

Ms. McKay reported she and Mr. Johannes investigated options for security system monitoring at the Village Hall and recommend that the Village continue its agreement with ADT Security.  

NEW BUSINESS

            Mr. Johannes presented a proposed agreement for landscaping services for 2010 from Peabody Landscaping Company. The cost of the services is below the trigger amount requiring competitive bidding. Mr. Johannes recommended the Village remain with Peabody for continuity and because they have provided excellent services over the past years. Mr. Kukura moved the Mayor sign the landscaping agreement with Peabody Landscaping Services for 2010 at a cost of $21,043.51. Mr. Cincione seconded. The motion passed unanimously.           

            Mr. Johannes asked Council for suggestions for developing landscaping plans for the Arlington Ave. Circle and Village Court Circle. Council asked Mr. Johannes to arrange for a survey of residents to identify their preferences for landscaping before working with Peabody to develop a landscaping plan.  

            Mr. Johannes presented a proposal from Superior Electric to move street light sensors from old AEP poles to new AEP poles so the old poles can be removed. The cost for the proposed work is $3,190.00. Council agreed to take no action at this time but to revisit the proposal in 2010. 

            Mayor Studebaker reported he received the final report from Insurance Services Offices documenting the Village’s Public Protection Classification change from 3 to 4. The Village has been advised that the change does not have significant impact on the Village or the insurance rates of Village property owners.  

Mayor Studebaker introduced R-2238-09, A Resolution recognizing Richard C. Murray for his years of service to the people of the Village of Marble Cliff.  Ms. Troiano moved the adoption of R-2238-09. Mr. Sterneker seconded. The motion passed unanimously.  

Mayor Studebaker introduced R-2239-09, A Resolution recognizing Anne F. Jewel for her years of service to the people of the Village of Marble Cliff. Mr. Sterneker moved the adoption of R-2239-09. Mr. Kukura seconded. The motion passed unanimously.  

Mayor Studebaker introduced R-2240-09, A Resolution recognizing Donald K. Mares for his years of service to the people of the Village of Marble Cliff. Mr. Cincione moved the adoption of R-2240-09. Mr. Kukura seconded. The motion passed unanimously.  

Mayor Studebaker introduced the first reading of O-2240-09, An Ordinance providing for additional legal counsel for the Village of Marble Cliff, Ohio, authorizing the employment of Public Defenders in connection with the defense of indigent defendants charged in criminal and traffic cases in the Municipal Court of Franklin County, Ohio, setting compensation of said assistants, authorizing the Mayor to enter into a contract with the Franklin County Public Defender Commission to accomplish such purposes.  

ADJOURN

Mr. Cincione moved the meeting be adjourned. Mr. Sterneker seconded.  The motion passed unanimously.  Mayor Studebaker adjourned the meeting at 9:30 PM. 

Approved by:                                                               Submitted by: 

David T. Roark                                                            Cynthia A. McKay
Council President Pro Tem                                          Fiscal Officer

SPECIAL COUNCIL MEETING OF NOVEMBER 20, 2009

A special meeting of the Council of the Village of Marble Cliff was held Friday, November 20, 2009 in the Village Hall at 1600 Fernwood Ave., at 4:30 pm.  Those in attendance were: Council Members: Matthew A. Cincione, Anne F. Jewel, David T. Roark, and Robert W. Sterneker; Mayor Kent E. Studebaker, Solicitor Mitchell Banchefsky, and Fiscal Officer Cynthia McKay.  Visitors were present. 

            Mayor Studebaker stated the purpose of the meeting; to interview applicants for the open Village Council position created by Mr. Studebaker’s move from Village Council Member to the position of Mayor after Richard Murray’s resignation from the office.

Mr. Roark explained the process Council would follow; first each candidate would be interviewed, then the Council would adjourn to executive session to discuss the applicants and then reconvene in public meeting to either make a decision or to determine what additional steps would be necessary to fill the vacant seat. 

            Mr. Roark invited Dow Voelker, 2041 W. Third Ave., to introduce himself and explain his interest in serving on Council. Council Members asked Mr. Voelker a variety of questions and had general discussion with him. 

Mr. Roark invited Barbara Amatos, 1314 Arlington Ave., to introduce herself and explain her interest in serving on Council. Council Members asked Ms. Amatos a variety of questions and had general discussion with her.
            Mr. Roark invited Kendy Troiano, 1969 Cardigan Ave., to introduce herself and explain her interest in serving on Council. Council Members asked Ms. Troiano a variety of questions and had general discussion with her.
           Mr. Roark invited John Kukura, 1435 Cambridge Blvd., to introduce himself and explain his interest in serving on Council. Council Members asked Mr. Kukura a variety of questions and had general discussion with him. 

Mr. Roark moved adjournment  into Executive Session for the purpose of discussing personnel matters regarding the election of an individual to fill the open Village Council Member position pursuant to Revised Code section 121.22 (G) (1). Mr. Cincione seconded the motion. Roll call: Mr. Roark, yes; Mr. Cincione, yes; Ms. Jewel, yes; Mr. Sterneker, yes. The motion passed unanimously. 

Council met in executive session.  

            Mr. Roark moved Council adjourn out of Executive Session and reconvene in public meeting. Mr. Cincione seconded. The motion passed unanimously. 

Council reconvened in regular meeting. 

Mr. Roark moved Kendy A. Troiano be appointed to fill the Council seat vacated by Mr. Studebaker for the remainder of the term and up for re-election in November, 2011.  Mr. Cincione seconded. Mr. Cincione commented that, due to the fact that the November 3, 2009 election results have not yet been certified by the Franklin County Board of Elections and the uncertified results are very close with Mr. Kukura leading Ms. Troiano by a single vote, the Council’s process of appointing an individual to fill the open position is complicated. He stated that although Mr. Voelker and Ms. Amatos are both qualified to serve on Council, he believes Ms. Troiano is also qualified and her interest in serving was made clear by her willingness to stand for election.

Mayor Studebaker asked if the Council was ready to vote on the motion. Council indicated they were ready to vote. The motion passed unanimously.  

OTHER BUSINESS

Mayor Studebaker introduced the second reading of O-2233-09, An Ordinance granting a front yard structure variance and front yard setback variance to Sharon K. Hendershot, for the property at 1454 Cambridge Blvd., in the Village of Marble Cliff, and declaring an emergency.  

ADJOURN

Mr. Sterneker moved the meeting be adjourned. Mr. Cincione seconded.  The motion passed unanimously.  Mayor Murray adjourned the meeting at 6:15 PM. 

Approved by:                                                                 Submitted by: 

David T. Roark                                                               Cynthia A. McKay
Council President Pro Tem                                             Fiscal Officer

REGULAR COUNCIL MEETING OF NOVEMBER 16, 2009

The regular, scheduled meeting of the Council of the Village of Marble Cliff was held Monday, November 16, 2009 in the Village Hall at 1600 Fernwood Ave. at 7:00 pm.  Those in attendance were: Council Members: Matthew A. Cincione, Anne F. Jewel, John F. Kukura, David T. Roark, and Robert W. Sterneker; Mayor Kent E. Studebaker, Solicitor Mitchell Banchefsky, Village Engineer Louis McFarland Administrative Assistant, William Johannes and Fiscal Officer Cynthia McKay.  Visitors and press were present.

REORGANIZATION OF COUNCIL

Mr. Cincione nominated David T. Roark to serve as President Pro Tem of Council for the balance of 2009. Mr. Sterneker seconded the nomination. Roll Call: Mr. Cincione, yes; Ms. Jewel, yes; Mr. Kukura, yes; Mr. Sterneker, yes; Mr. Roark, yes. Mr. Roark was elected President Pro Tem of Council with 5 votes in favor, 0 opposed. 

VARIANCES AND PERMITS

Mayor Studebaker introduced the first reading of O-2232-09, An Ordinance granting a fence variance to Lou Ann Ransom for the property at 2000 Aladdin Woods Court in the Village of Marble Cliff and declaring an emergency.

Ms. McKay reported that the letter from Rita Schmatz is the only communication regarding the variance request received at the Village Hall. Lee Markowsky from Wood Landscaping, representing the property owner, described the proposed fence. She explained the fence will extend an existing fence by two panels (17 feet) and will provide privacy for the home owner.

Ms. Markowsky explained that the property slopes in the area of the proposed fence. Wood Landscaping proposed to install the fence maintaining a level top. The panel will be an open lattice work style at the top. She stated as the property slopes there will be a widening exposure along the bottom of the fence which can be softened with planting material. The materials of the proposed fence will match the existing fence. 

            Mr. McFarland stated he has looked at the property and the total height of the fence will be between 8 and 10 feet. Council asked Ms. Markowsky to have the top line of the fence marked with string or tape for Council review. She agreed to do so and notify Village Hall when the tape is in place.

Ms. Schmalz stated the fence is handsome and expressed no objection to the fence. She said she wanted clarity on whether the fence would be straight across or would step down along the slope of the land and she understands it will be level.  

Mayor Studebaker introduced the first reading of O-2233-09, An Ordinance granting a front yard structure variance and front yard setback variance to Sharon K. Hendershot, for the property at 1454 Cambridge Blvd., in the Village of Marble Cliff, and declaring an emergency. Mr. Cincione abstained from discussion of the ordinance citing a conflict of interest. Mrs. Hendershot explained the proposed roof for the front porch. Ms. McKay reported no comments in favor of or opposed to the proposed ordinance had been received at the Village Hall. Mr. Studebaker explained that, due to Mr. Cincione’s abstention, no Council action could be taken on the ordinance.

VISITORS

Gene McHugh from Our Lady of Victory Catholic Church’s Building Committee presented a summary of the property’s current landscaping. He explained that he met with the church’s grounds committee to receive an update of recent landscaping activities and with Father Romano, members of the church’s finance committee and several church members to gather input on the church’s vision for the landscaping. He stated that his goals for the meeting – to review the existing landscaping and receive specific input from Village Council. Mr. McHugh stated the church’s goals are to (1) obtain Council approval of a final plan, (2) maintain high quality appearance, (3) develop a “manicured” rather than an “organic” landscaping look, (4) develop landscaping that is manageable from a maintenance, time and expense standpoint and (5) maintain the large sloped area that had previously been identified for a portion of the “stations of the cross” as open green space to be used by children and youth.

Mr. McHugh reviewed an inventory of current planting and landscaping as compared to the plan previously approved by Village Council as part of the project to construct the Parish Center. Mr. McHugh then presented a conceptual drawing detailing five distinct zones to be addressed as part of a final landscape plan. The zones are:

·         The border of the property along Roxbury Rd. and Cardigan Ave.

·         Areas immediately beside the church building and rectory

·         Areas immediately around the Parish Center

·         The open slope area to the south of the Parish Center

·         Rear rim of the property 

Mr. McHugh stated that the goal of the landscaping is to make the property more attractive to the neighbors and the community. He reviewed the major existing planting in the various zones and explained the church’s goal to plant more perennials for more color through three seasons and easier maintenance.

Mayor Studebaker asked for suggestions and questions from Council. Ms. Jewel expressed her concern that the appearance of the extensive parking needs to be softened and screened from the neighbors. She also expressed that the rear of the property was not cleaned well after construction and a great deal of ecological damage was done by the previous construction project. Mr. McHugh agreed to have the rear of the property checked and cleaned. Mr. Sterneker stated that the appearance beside and behind the Parish Life Center has been improved. He also stated that several trees have been planted which in time will help soften the appearance of the property. Mr. McHugh reviewed the plants but noted that there are few evergreens to give four season coverage. Mr. Roark expressed the concern that the appearance of the parking lot is a problem and asked if the church has consulted with a landscaping professional for recommendations for softening its appearance. Mr. McHugh stated they had not had sought professional landscaping consultation. Mr. Roark stated that the Council is not able to recommend a landscaping plan but the consensus seems to be that the parking area and the appearance of the wide expanse of asphalt needs to be softened.

            Mr. Sterneker confirmed that the open green space beside the Parish Life Center is used by children and is also a convenient place for children to wait to be dropped off and picked up by their parents.  He also commented that overall the landscaping at OLV is beautiful and in keeping with the landscaping of the other two churches in Marble Cliff. Mr. Roark asked if the church believes they have fulfilled their obligations for landscaping. Mr. McHugh stated that they believed that parts of the plan were finished and acceptable, but he now understands that the Village’s concerns regarding the softening of the visual impact of the parking lot have not been addressed. Mr. McHugh also stated his opinion that some of the landscaping has been done as well as it was initially designed and approved, but that he now believes that there is more work to be done. Mr. Kukura agreed that the landscaping is attractive, but there would be value in profession input and the addition of some evergreens. Mr. McHugh suggested that he come back to Council with additional plans as an overlay to the existing plans and more explanation of the work that has not been completed. He stated his understanding of the need to soften the hardscape of the property.

Mayor Studebaker invited comments from visitors. Linda Johnson, Cardigan Ave., stated she is extremely disappointed that OLV took almost three years to replace the trees along Cardigan that were cut down during the construction of the Parish Life Center. She stated the construction project resulted in too much asphalt and lighting which has not been softened. The church has landscaped around the buildings, but has not landscaped adequately to soften the visual impact of the parking lot for the neighboring properties.

Rita Schmalz stated she has been a member of OLV for 50 years. She also stated she believes the landscaping lacks evergreens and agrees with the suggestions that the landscaping would be improved and softened with evergreens 

COUNCIL VACANCY

            Mayor Studebaker congratulated the winning candidates from the November elections. He then reviewed the applicants for the Council vacancy created by his move from Council President Pro Tem to Mayor. Barbara Amatos, Kendy Troiano, John Kukura, and Dow Voelker have all submitted letters indicating interest in serving the remainder of Mayor Studebaker’s Council term.

            Mr. Banchefsky explained the Council has, by statute, 30 days to fill the Council vacancy. If the vacancy is not filled within the 30 days, the appointment becomes the responsibility of the Mayor. The 30 day period began on the effective date of Mayor Murray’s resignation; therefore Council has until November 30^th to make their appointment. Given the very close results of the election (1 vote separating the 4^th and 5^th candidates), Mr. Banchefsky contacted the Franklin County Board of Elections to determine when the election results will be certified and whether a recount will be required. The Board of Elections will certify the results on November 24^th and a recount, if required, cannot commence until 5 days after the certification which would be November 29^th – a Sunday – and would, therefore occur on November 30^th. He stated that any decision by Council will have to be made without final election results.

            Council discussed the various options for meetings including delaying the decision until the Board of Election finalizes the election results. Council discussed the impact of making an appointment without knowledge of the final election results. Mr. Banchefsky pointed out that Mr. Kukura would not be able to participate as a Council member in the interviews and the appointment to fill the vacant Council position because he has applied for the vacancy. Mr. Banchefsky stated that Council may adjourn into executive session to discuss the pros and cons of individual applicants but must adjourn out of executive session and into public meeting to make a decision regarding the appointment.

Council agreed to schedule a special meeting to interview candidates for the Council vacancy on November 20, 2009 at 4:30 pm and possibly make a decision on that date. Council also agreed to hold November 23, 2009 as a potential date for an additional special meeting if needed. Ms. McKay stated she would notify the applicants and schedule them for interviews at half hour intervals. She will publish notice of the November 20^th meeting immediately and will publish notice of the 23^rd meeting only if it is necessary. 

MAYOR’S REPORT

The Mayor’s Court Reports for October 2009 were presented. 

The Police Report for October 2009 was presented. 

ENGINEER’S REPORT

Mr. McFarland reported the 2009 Stormwater and Sanitary Sewer Improvements project is complete and Burgess & Niple has received, reviewed and recommended payment of the invoice. He is working with AEP to finalize their repayment of the portion of the project related to the damage to the Village sewer on Arlington Ave. caused by AEP’s installation of underground electrical cable.  

Mr. McFarland reported AT&T has begun the work to install the VRAD Cabinet on the Village’s property on Fernwood Ave. He reported that the contractor determined a directional bore could not be completed as planned and he approved an open cut Fernwood Ave. to install the underground cable. Mr. McFarland stated AT&T will complete the required landscaping in the spring. 

Mr. McFarland reported he has approved the installation of new power poles by AEP in a private easement north of the Ohio Department of Natural Resources offices on Dublin Rd. The poles replace existing poles. The wires on the existing poles have sagged and the new poles will lift the wires higher and away from the ODNR building. 

Mr. McFarland reported he and Mr. Mares met with Ms. McKay to discuss implementation of the Right of Way Legislation. He stated they identified a potential challenge to fee stability from year to year which may need to be addressed. He will bring additional information to a future meeting. 

Mr. McFarland reported the owner 1582 Cambridge Blvd. undertook a project to clean and repair their sanitary sewer lateral. The Village located utilities in the right of way as requested, but the resident raked leaves over the markings and the plumbing contractor proceeded without uncovering the markings. Resulting complications and additional digging revealed problems with the water service and the water service tap into the water main. Mr. McFarland and Ms. McKay both confirmed that the utilities had been marked correctly by the Village’s utility locating service – Gudenkauf. Mr. McFarland reported the plumbing contractor asked if the Village would participate in the cost of the project.

Mr. McFarland stated he had reviewed Village code and determined that the sewer tap connection is the responsibility of the property owner not the Village and recommended that the Village not participate in the cost of the repair of the water service tap. Mr. Cincione asked if Columbus participates in repair of a service tap. Mr. McFarland stated Columbus’ printed materials state that the tap is the responsibility of the property owner, but, because Columbus maintains a large maintenance crew, they may on occasion do repairs and bill the property owner. But that possibility is speculation on his part. Mr. Cincione reported he was contacted by the property owner regarding the situation. Village Hall has not had discussion with the property owner; only the plumbing contractor has contacted the office and the Village Engineer.

            Mayor Studebaker confirmed that the Village met all its obligations and the cost of the necessary repair work is the responsibility of the property owner.  

Mr. McFarland left the meeting at this point. 

SOLICITOR’S REPORT

Mayor Studebaker introduced the second reading of O-2231-09, An Ordinance authorizing the Mayor to execute the Economic Development Agreement between the Village of Marble Cliff and Time Warner Communications and declaring an emergency.

Mr. Banchefsky reported Time Warner has signed a lease for a portion of the NiSource property at 1600 Dublin Rd. He reviewed Time Warner’s request for a $100,000 economic incentive to be paid over 5 years. Mr. Banchefsky stated the original terms of the agreement called for Time Warner to bring 200 employees to the Village within a year at an average salary of $40,000 resulting in $8 million dollars in annualized payroll and $160,000 in income taxes. Time Warner has now reduced those numbers to 175 employees within 2 years. The corresponding reduction in payroll and income taxes is $1 million dollars and $20,000 annually respectively.

Mr. Banchefsky reported the compensation from the Village is set in the agreement at $25,000 a year up to a total payment of $100,000 over five years. Under the proposed agreement, if the Village had insufficient non-tax revenue in one of the years, the balance could be made up in the fifth year of the agreement. The agreement also contains provisions to reduce the payment to Time Warner if they fail to meet the benchmarks set for number of employees and payroll. 

Mr. Banchefsky asked Council for input on the proposed agreement.

Mr. Sterneker asked what the Village’s average non-tax income is in a year.

Ms. McKay stated the non-tax income can be unpredictable, but she will bring figures to the next Council meeting. Ms. Jewel asked Mr. Banchefsky to review the dates specified for payments in the agreement. Council expressed some concern about the reduction in employee and payroll numbers without a reduction in the commitment from the Village. Council discussed several options for modifying the agreement. Mr. Roark asked Council if they were interested in reducing the commitment from the Village in light of Time Warner’s reduction in numbers and payroll. Council asked Mr. Banchefsky to explore options for modifying the proposed agreement with Time Warner and present a final agreement for consideration by Council. 

Ms. Jewel reported the City of Columbus has not gotten an easement from NiSource for the bike path and suggested the Village should contact NiSource to assist Columbus in obtaining the easement. 

            Mayor Studebaker introduced the first reading of O-2234-09, An Ordinance authorizing the Mayor and Fiscal Officer to enter into a contract for professional legal services with Schottenstein, Zox & Dunn, LPA for a one year period from February 1, 2010 through January 31, 2011. Mr. Banchefsky stated the proposed contract is unchanged from the 2009-2010 contract. 

ADMINISTRATIVE ASSISTANT’S REPORT

Mr. Johannes reported the following building permits were issued in October: 

MC-2009     OLV, 1559 Roxbury Rd., Grandview Renovators, re-inspection fee $75.00 

MC-2009-38 Sterneker, 1515 Cambridge Blvd., Waterworks, plumbing permit ($963.00); permit $35.00                                                                                        Paid $35.00 

MC-2009-39 Cook & Arbogast, 1423 Cambridge Blvd., Systems Electric, electrical permit ($13,500); permit$300.80, surcharge $3.01                                                    Paid $303.81 

MC-2009-40 Thomas, 1461 Cambridge Blvd., Nicholson Builders, Inc., building permit ($82,818); permit $261.00,surcharge $2.61                                                              Paid $263.61 

MC-2009-41 Thomas, 1461 Cambridge Blvd., Settle-Muter Electric, electrical permit ($6,896); permit $80.00,surcharge $.80                                                                  Paid $80.80 

MC-2009-42 Kessler, 1208 Cambridge Blvd., Patio Enclosures Inc., building permit ($58,000); permit $295.00,surcharge $2.85                                                               Paid $287.85 

MC-2009-43 Marble Cliff 2150 LLC, 2150 Marble Cliff Office Park, electrical permit ($2,200); permit $80.00, surcharge $2.40                                                                           Paid $82.40 

MC-2009-44 Marble Cliff 2150 LLC, 2150 Marble Cliff Office Park, HVAC permit ($90.00); permit $25.00, surcharge $.75                                                                                           Paid $25.75 

MC-2009-45 Marble Cliff 2150 LLC, Steele and Associates Inc., alteration permit ($5000.00); permit $345.00, plan review $400.00, surcharge $22.35                                                 Paid $767.35 

MC-2009-46 Time Warner Cable, 1279 Cambridge Blvd., Jess Howard Electric Co., electrical permit ($4,000); permit $80.00, surcharge $2.40                                                    Paid $82.40 

MC-2009-47 Time Warner Cable, 2071 Cardigan Ave., Jess Howard Electric Co., electrical permit ($4,000); permit $80.00, surcharge $2.40                                                             Paid $82.40

APPROVAL OF MINUTES AND BILLS

Mr. Roark moved the minutes of the September 21, 2009 regular meeting be approved. Ms. Jewel seconded.  The motion passed unanimously. 

Ms. Jewel moved the minutes of the October 19, 2009 regular meeting be approved. Mr. Kukura seconded.  The motion passed unanimously. 

Mr. Roark moved approval of the November, 2009 bills totaling $387,632.03.  

Mr. Kukura seconded. The motion passed unanimously. 

FISCAL OFFICER’S REPORT

The financial statements for October 2009 were presented. Mr. Roark moved acceptance of the October 2009 financial statements. Ms. Jewel seconded.  The motion passed unanimously. 

The Village income tax report was submitted.  Gross receipts for November 2009 were $47,472.69. 

The following correspondences were received:

1.       Pizzuti Letter re: temporary sign relocation 

Ms. McKay reported to Council that Mayor Murray declined to sign O-2228-09, the

Ordinance granting the lot coverage variance to Our Lady of Victory although it was presented twice for his signature. Council discussed the concerns raised by former Mayor Murray regarding engineering costs incurred by the Village during the last construction project at OLV that were never reimbursed by the church. Ms. McKay reported the requests for payment were sent to Brexton as instructed by the church. Ms. McKay explained that the outstanding fees could be added to the amount requested for deposit from OLV prior to Mr. McFarland beginning any plan review or inspections. Council directed her to do so. 

OLD BUSINESS

Mayor Studebaker introduced the second reading of O-2224-09, An Ordinance Amending Sections 134.13 (Unauthorized Parking of Recreational Vehicles) and 351.18 (Unauthorized Parking of Recreational Vehicles) of the Code of Ordinances of The Village of Marble Cliff, Ohio. Mr. Cincione moved the adoption of O-2224-09. Mr. Sterneker seconded. The motion passed unanimously. 

            Mayor Studebaker introduced the second reading of O-2230-09, 2010 Annual Appropriation Ordinance. 

NEW BUSINESS

             Mayor Studebaker introduced the first reading of O-2235-09, An Ordinance providing for additional legal counsel for the Village of Marble Cliff, Ohio, authorizing the employment of assistants in connection with the prosecution of criminal and traffic cases in the Municipal Court of Franklin County, Ohio, setting compensation of said assistants, authorizing the Mayor to enter into a contract with the City Attorney of Columbus, Ohio, to accomplish such purposes. Mr. Roark moved the rules be suspended. Mr. Sterneker seconded. The motion passed unanimously. Mr. Cincione moved the adoption of O-2235-09. Mr. Roark seconded. The motion passed unanimously.  

Mayor Studebaker introduced the first reading of O-2236-09, An Ordinance authorizing an agreement with Matthew P. Cincione to provide Mayor’s Court Magistrate Services for a one-year period from January 1, 2010 through December 31, 2010.

Mr. Cincione stated that, after consideration of the appointment as magistrate, he has determined that such an appointment would create a conflict of interest with his duties and responsibilities as a Member of Council. Therefore he was removing his name from consideration for the position as Magistrate for the Village of Marble Cliff. Mr. Banchefsky concurred with Mr. Cincione’s decision. He recommended that the Council consider amending the ordinance to remove Mr. Cincione’s name and the specified fee for magistrate services. Mr. Roark moved Ordinance O-2236-09 be amended to remove the name of Matthew P. Cincione and the specified fee for magistrate services. Ms. Jewel seconded. The motion passed 4 in favor, 0 opposed. Mr. Cincione abstained from the vote. 

            Mayor Studebaker introduced the first reading of O-2237-09, An Ordinance enacting and adopting a supplement to the Code of Ordinances of the Village of Marble Cliff, and declaring an emergency. Mr. Cincione moved the rules be suspended. Mr. Roark seconded. The motion passed unanimously. Ms. Jewel moved the adoption of O-2232-09. Mr. Kukura seconded. The motion passed unanimously. Ms. Jewel moved the ordinance be adopted as emergency legislation so the Village’s Codified Ordinances would be fully updated immediately. Mr. Kukura seconded.  Roll call: Mr. Roark, yes; Mr. Cincione, yes; Ms. Jewel, yes; Mr. Kukura, yes; Mr. Sterneker, yes. The motion passed unanimously. 

            Mr. Kukura reported that the plans for the holiday party are well underway and will be held on
December 7, 2009. 

            Mayor Studebaker thanked Mr. Sterneker and Mr. Kukura for their attendance at the opening of the Home Town Urgent Care facility and their participation in the opening festivities.  

ADJOURN

Mr. Cincione moved the meeting be adjourned. Mr. Kukura seconded.  The motion passed unanimously.  Mayor Studebaker adjourned the meeting at 9:25 PM. 

Approved by:                                                                 Submitted by: 

David T. Roark                                                               Cynthia A. McKay
Council President Pro Tem                                             Fiscal Officer

REGULAR COUNCIL MEETING OF OCTOBER 19, 2009

The regular, scheduled meeting of the Council of the Village of Marble Cliff was held Monday, October 19, 2009 in the Village Hall at 1600 Fernwood Ave. at 7:00 pm.  Those in attendance were: Council Members: Kent E. Studebaker, Matthew A. Cincione, John F. Kukura, David T. Roark, and Robert W. Sterneker; Mayor Richard C. Murray, Solicitor Mitchell Banchefsky, Village Engineer Louis McFarland Administrative Assistant, William Johannes and Fiscal Officer Cynthia McKay.  Visitors were present. 

SPECIAL RECOGNITION

            Mayor Murray invited former Council President Curtis Gantz to stand as he and the Council presented Mr. Gantz with a plaque recognizing his years of service to the Village as Council President. The plaque will be placed on the east side of the wall on the north end of Cambridge Island near the Serbian spruce which was planted in Mr. Gantz’s honor.  Mr. Studebaker added his thanks to Mr. Gantz for his years of leadership. Mr. Gantz thanked the Mayor and Council for the recognition and the honor. Mr. Gantz also took the opportunity to thank Mayor Murray for his service to the community as Mayor. 

Mr. Cincione moved Ms. Jewel be excused. Mr. Roark Seconded. The motion passed unanimously. 

VARIANCES AND PERMITS

Mayor Murray introduced the first reading of O-2227-09, An Ordinance granting a Fence Variance to Ryan Arbogast for the property at 1423 Cambridge Blvd. in the Village of Marble Cliff and declaring an emergency. Ryan Arbogast and Angela Cook were present to answer questions. Ms. McKay reported no comments in favor of or opposed to the variance request had been received at the Village Hall. Mr. Cincione moved the rules be suspended. Mr. Sterneker seconded. The motion passed unanimously. Mr. Cincione moved the adoption of O-2227-09. Mr. Kukura seconded. The motion passed unanimously. Mr. Cincione moved the ordinance be adopted as emergency legislation in order to complete construction during the current construction season. Mr. Kukura seconded.  Roll call: Mr. Studebaker, yes; Mr. Cincione, yes; Mr. Kukura, yes; Mr. Roark, yes; Mr. Sterneker, yes. The motion passed unanimously.  

            Mayor Murray introduced the first reading of O-2228-09, An Ordinance granting a Lot Coverage Variance to Our Lady of Victory Catholic Church, for the property at 1559 Roxbury Rd. in the Village of Marble Cliff.

            Mr. Banchefsky reported that it had been brought to his attention that Mr. Kukura and Mr. Sterneker are both members of Our Lady of Victory Catholic Church. However, based on research he offered an opinion that their membership does not create a conflict of interest.

            Mayor Murray introduced Scott Harper, architect for the church, who introduced Gene McHugh and John Drake from the church to address issues raised by Council at its September meeting. Mr. Harper explained that he related the Council’s concerns to the church members and they would like to make a two part presentation to Council. First Mr. McHugh will address the landscaping issues related to the construction of the Parish Hall. Second Mr. Harper will present additional information on the variance application for the proposed new construction and ask that Council consider acting on the variance request at this meeting.

            Mr. McHugh stated his committee located the approved landscaping plans from the Parish Hall project, performed an inventory comparing the plan to the actual landscaping completed and confirmed that the church is “in remiss” of fulfilling the obligations made as part of the overall plan for the Parish Hall. He identified planting that was done as designed, planting that was similar to what was specified and ground coverage which was similar to what was proposed. Mr. McHugh stated that the major change was the omission of the “Stations of the Cross.” The original plan called for a meandering stone path from the garden at the corner of the property across the property. After further consideration, Father Romano determined that the “Stations of the Cross” as proposed were not pastorally appropriate and were dropped from the plans. Mr. McHugh stated the committee is committed to bringing an updated plan for approval by the Council to bring closure to the Parish Hall project. Mr. Harper stated Father is very much opposed to installing the “Stations of the Cross” for liturgical reasons. Mayor Murray stated the Village has been told that the reason the landscaping was not completed was financial as opposed to liturgical, pastoral or because of maintenance concerns. Mr. Studebaker stated that the Council is not interested in binding the church to the Stations of the Cross, but is firmly insisting that landscaping be designed and installed that addresses the concern of softening the lot coverage and hardscape by creating color and interest on the property throughout the year. Mr. McHugh stated they have completed an inventory of current planting and will develop a full plan for Council approval. Mr. Studebaker asked when the plan will be ready for Council. Mr. McHugh stated he would like to bring the plan to Council’s November meeting.

            Mr. Harper presented the plans for the proposed addition. He reported the requested increase in lot coverage is from approximately 57.2% to 58.1%. He also reported that he had worked with Mr. McFarland to address concerns related to additional stormwater runoff. Mr. Harper reported Mr. McFarland had raised a concern whether the stormwater retainage system on the property was designed with enough capacity to handle the additional runoff created by the proposed addition. Mr. Harper stated he will continue to work with Mr. McFarland to address the concern. Mr. Harper also reported that a suggestion had been made that the runoff could be filtered through a rain garden. Mr. Harper stated the area of the new roof is 1120 square feet. The addition downspouts would be tied into the existing drainage system if there is adequate capacity. If not, other solutions will be identified for approval by the Village Engineer. Mayor Murray stated that current code requires stormwater to be directed into the stormwater collection system and a rain garden would require a variance and commitment to maintain the garden.

            Mr. Harper asked if Council had any concerns regarding the design and building materials proposed for the addition. Mr. Harper stated that he has recommended one change from the drawings submitted. That change would exchange the proposed wall mounted light sconces with sconces to match the lantern style fixtures on the Parish Hall and the church. Council raised no concerns about the design.

            Mr. McFarland said he has not received detailed civil engineering drawings.

            Mayor Murray stated his opinion that the Church has not submitted a sufficient level of detail necessary for Council to take action on the variance request. He stated that the applicant should submit full engineering drawings. Mayor Murray stated that the Council was led to believe with the last project that OLV was not planning any additional construction. He stated his understanding that OLV is looking for direction but not action on the requested lot coverage variance. Mr. Sterneker stated that the only issue addressed in the variance is the lot coverage. Mayor Murray stated that if lot coverage is approved there is not a mechanism to address the other concerns. He suggested that lot coverage not be addressed until all other issues are resolved.

            Mr. Sterneker asked about OLV’s timeline. Mr. Harper stated they would like to get started on the foundation as quickly as possible. Mr. Roark stated that a lot coverage variance does not require additional information; simply action to allow additional coverage. He questioned whether there are grounds to delay the action for information or plans not identified as necessary to address the lot coverage restrictions. Mr. Harper stated that even with a lot coverage variance they must still meet all the requirements of the Village Engineer and the Building Inspector. Mr. Kukura asked if plans have to come back to Council. Mr. McFarland stated unless another variance was identified as necessary the approval and enforcement of building and engineering requirements would be the responsibility of the Village Engineer and the Grandview Heights Building Department.

            Mr. Banchefsky stated that the Council has no obligation to approve a variance request. He also stated that the Village Code does not require the types of “enhanced submission” requirements that Council might be considering as part of a variance application.  Mr. Banchefsky did say that Council could “softly” link requirements for additional submission. Mr. Cincione asked if the Village Engineer is comfortable with the amount of lot coverage being requested as accurate to the plans. Mr. Roark asked if Council is interested in linking approval of the variance request with additional oversight on final design. Mr. Banchefsky reminded Council that they have the ability to enforcement prior and new approvals. Mr. Cincione stated he is comfortable with the variance request as long as the Engineer is able to confidently approve the detail plans for stormwater drainage to avoid a repeat of the problems experienced after the construction of the Parish Hall. Council agreed that the landscaping plan should be brought in, approved and then enforced.

            Ms. McKay reported one letter in support of the variance had been received by the Village offices and no calls or letters in opposition had been received. Further she reported that the variance notification was mailed as required by code. Mr. Cincione moved the rules be suspended. Mr. Roark seconded. The motion passed unanimously. Mr. Cincione moved the adoption of O-2228-09. Mr. Sterneker seconded. The motion passed unanimously.  

            Mayor Murray presented two sign permit applications from Hometown Urgent Care and Frank Cipriano for 2150 Marble Cliff Office Park. Scott Sales from Hometown was available to answer questions. Mr. McFarland reported the proposed signs meet the requirements of code and no variances are required. Mr. Studebaker moved approval of the sign permit application for 2150 Marble Cliff Office Park. Mr. Cincione seconded. The motion passed unanimously. 

MAYOR’S REPORT

The Mayor’s Court Reports for September 2009 were presented. 

The Police Report for September 2009 was presented. 

            Mayor Murray presented a letter he sent to Deb Willaman and Tom Meyer regarding their new plantings in the right of way at the intersection of Fernwood Ave. and Cardigan Ave. Mayor Murray also reported that he spoke with Ms. Willaman about the issue of revegetating the right of way which had been specifically cleared by the Village to eliminate the safety hazard created by the plantings and open up sight lines for vehicles and pedestrians. Mayor Murray told Ms. Willaman that a number of the new plants will grow to a height and width which will block the line of vision at the intersection. He stated that he urged Ms. Willaman to move those plants out of the right of way. Mayor Murray reported that Ms. Willaman stated she would give some consideration to his suggestion. Mayor Murray stated he told Ms. Willaman that he was not prepared to order the plants removed, but if they are not removed and they begin to interfere with the established sight lines, the Village is likely to trim the bushes to re-establish the sight lines. Such trimming would limit the effectiveness of the planting as a screen for the property owners. He told Ms. Willaman that if the plants were moved out of the right of way they would not be subject to trimming by the Village and would create the screening she desires. Mayor Murray stated Ms. Willaman understood what he had explained to her. Mayor Murray stated that he also explained that if the Village moved the stop sign to the south, closer to the intersection and the stop bar, the new location (because it would also be several feet further west than in its present location) would require more bush trimming to make the sign visible 180 feet north of the intersection.  He said that he believes Ms. Willaman now understands the purpose of the current placement of the stop sign and that issue has been resolved.  

ENGINEER’S REPORT

Mr. McFarland reported the contractor for the 2009 Stormwater and Sanitary Sewer Improvements project has completed the resurfacing of Cardigan Ave. west of Roxbury and the only portion of the project yet to be completed is the relining of one of the lateral sewer lines on Arlington Ave. The total project should be completed within the next week. 

Mr. McFarland reported he has received plans from the Franklin County Engineer’s office for a project using federal stimulus money. The proposed project would include road paving near the intersection of W. Fifth Ave. and Dublin Rd. He will review the plans and report back to Council. 

Mr. McFarland reported AT&T has submitted plans for the installation of a VRAD Cabinet on Fernwood Ave. at the Village Hall. He stated they have met all the requirements and the permit is ready. Mr. McFarland stated his understanding that AT&T plans to complete the project this fall. Because the plan includes directional drilling across several Village utilities, Mr. McFarland plans to have an inspector on site to monitor the work. He is also requiring the contractor to televise the sewers in the vicinity of the work before and after to confirm that the drilling did not damage the sewers. 

Mr. McFarland reported B-Level will be in the Village within the week to complete the scheduled sidewalk repairs. 

Ms. McKay presented a letter from Bob Sohovich regarding the appearance of the Time Warner auxiliary power cabinet installed on the Arlington Ave. island and asking the Village to consider plantings to screen the cabinet from view. Council discussed several possible solutions and asked Mr. Johannes to investigate options for landscaping in the spring and to let Mr. Sohovich know that the Village is developing a plan for the Arlington Ave. island. 

Mr. McFarland left the meeting at this point. 

SOLICITOR’S REPORT

Mayor Murray introduced the first reading of O-2231-09, An Ordinance authorizing the Mayor to execute the Economic Development Agreement between the Village of Marble Cliff and Time Warner Communications and declaring an emergency.

Mr. Banchefsky reported Time Warner has signed a lease for a portion of the NiSource property. He has received but has not had an opportunity to review their proposed Economic Development Agreement. Mr. Banchefsky will review the agreement and have it attached to the ordinance for a second reading at the Council’s regular November meeting. 

            Mayor Murray stated his understanding that NiSource may be interested in a CRA agreement as part of redevelopment of their property at 1600 Dublin Rd. Such development could include extending parking to accommodate new tenants. He stated Time Warner is leasing 80,000 sq. ft. of the front building and there is approximately 100,000 sq. ft. of additional space for lease. Mayor Murray stated he has been told there is another potential tenant interested in the space.  Fully leased, the property may not have adequate parking so the owner may want to pursue a CRA and possible variances. Mr. Banchefsky stated that the CRA must be in place before any work is done on the property. Council discussed the challenges to traffic flow and parking when the building is fully occupied. Mayor Murray stated that he believes Time Warner may be in the building before the end of the year.               

ADMINISTRATIVE ASSISTANT’S REPORT

Mr. Johannes reported the following building permits were issued in September:

MC-2009-04 Baker, 1550 Roxbury Rd., Response Electric, re-inspection fee   Paid $75.00 

MC-2009-35 Pizzuti Prescott Place LLC, 1555 Roxbury Rd., Jozef Miller and Son Plumbing, plumbing permit ($3,000); permit $105.00, surcharge $1.05                                                   Paid $106.05 

MC-2009-36 Cook and Arbogast, 1423 Cambridge Blvd., Fritz Baumann & Sons, Inc., plumbing permit ($15,862); permit $240.00                                                                                          Paid $240.00 

MC-2009-37 Ely, 1991 W. Third Ave., Ideal Home Improvement LLC, building permit- porch ($13,431); permit $285.00,  surcharge $2.85                                                                         Paid $287.85 

            Mr. Johannes reported that leaf pickup will begin the fourth week of October. 

            Mr. Johannes reported the state of Ohio has increased the fines that must be collected by Mayor’s Court by $5 for the Indigent Defense Fund. 

APPROVAL OF BILLS

Mr. Cincione moved approval of the October, 2009 bills totaling $74,901.91.  Mr. Studebaker seconded. The motion passed unanimously. 

Mr. Cincione moved approval of the amended September, 2009 bills totaling $89,670.08.  Mr. Studebaker seconded. The motion passed unanimously. 

FISCAL OFFICER’S REPORT

The financial statements for September 2009 were presented. Mr. Roark moved acceptance of the September 2009 financial statements. Mr. Cincione seconded.  The motion passed unanimously. 

The Village income tax report was submitted.  Gross receipts for October 2009 were $49,029.99. 

Ms. McKay introduced a new agreement for the Ohio Municipal League Workers Compensation Group Rating program with CompManagement, Inc. replacing Gates McDonald. Mr. Studebaker moved the Mayor execute the Ohio Municipal League Workers Compensation Group Rating Program agreement with CompManagement, Inc. Mr. Cincione seconded. The motion passed unanimously. 

Mr. Cincione moved approval of the following supplemental appropriations:

Move $1,000.00 from Street Light Maintenance (1000-130-311-0001) to Street Light Electricity (1000-130-311-0000) 

Move $200.00 from Street Light Maintenance (1000-130-311-0001) to Traffic Light Electricity (1000-150-311-0000) 

Move $1,500.00 from Other Miscellaneous (1000-390-690-0000) to Trees and Parks (1000-320-399-0000)

Mr. Studebaker seconded. The motion passed unanimously. 

The following correspondences were received:

            1.       Thank you note – Scott Sales Hometown Urgent Care

2.       Thank you note – Grandview Band Parents

3.       Thank you note - the McKay family

4.       E-mail from Bob Sohovich re: landscaping of Arlington Ave. Island 

OLD BUSINESS

Mayor Murray introduced the sixth reading of O-2204-09, An Ordinance enacting Chapter 95 (Comprehensive Rights of Way) of the Village of Marble Cliff, Ohio Code of Ordinances.

Mr. Banchefsky reported proposed alternate legislation was received from the utilities around 6:00 pm on Friday, October 17, 2009 and he has not had an opportunity to review the submission. Mr. Banchefsky stated that Schottenstein, Zox & Dunn had provided the Council with their best recommendation for right of way legislation as well as an alternative “direct cost” fee structure for consideration. The fee structure initially proposed (referred to as the “bucket approach”) has been approved by the PUCO and is in effect in other central Ohio communities. The “bucket approach” is the fee structure included in the O-2204-09 as presented for its sixth reading.

David Kandel from AT&T stated in August the mayor asked the utilities to develop a right of way ordinance that would allow the Village to recoup its costs, would be simple to administer, and would allow the Village to be reimbursed by individual utilities for its direct costs related to right of way administration. He stated the question was whether the utilities could come together and agree to a legislative model. He said they worked for sixty days and put together a simple ordinance that enables the Village to manage its right of way and recoup costs. He stated the utility companies could live with the legislation and would like to sit down with the Village and review the proposal. Mayor Murray stated he asked the utilities to determine if they would agree to a direct cost method; he did not ask them to design a whole new ordinance.

Mr. Studebaker indicated his frustration that the utilities have taken over sixty days to “develop” an ordinance that is 85% identical to an ordinance presented to the city of Marietta, Ohio which is dated 2006. Further the utilities’ proposal was delivered to the Council at the eleventh hour despite having been told that the Council would need it well in advance of the October meeting to consider it.  Mr. Studebaker also asked if any municipality has adopted the Marietta model.

Mr. Kandel argued that the Marietta ordinance is different and the ordinance came at a late hour because Time Warner presented changes on the Friday before the scheduled Council meeting that needed to be incorporated into the language. He also stated there are different utilities involved in Marietta. Mr. Kandel argued that he believes the utilities have moved quickly and that the proposed language meets the needs of the Village. Mr. Kandel stated the Village’s proposed language is in place in other communities. Mr. Studebaker asked if the Marietta language is in effect in any other communities. Mr. Kandel stated he does not believe it is in use in any other community. Mr. Kandel argued that the Village’s proposed legislation is not being fully implemented in any other communities and if it were the utilities would have legal concerns. In response to a question from Mr. Roark, Mr. Kandel stated that the utilities have not sued any municipality with right of way legislation in force which is similar to the Village’s proposed legislation.

Mr. Hughes, attorney for AT&T, explained that the alternative proposed by utilities allows for flat fees for construction permits plus the ability for the Village to bill the individual user for additional costs. He stated he is not aware of the PUCO approving the direct cost approach based on other rulings he believes they would approve such an approach. Mr. Roark asked if the utilities would be pleased if the direct cost approach was substituted into the current proposed Village legislation. Mr. Hughes stated the utilities would not object to the Village trying to recover their reasonable and direct costs of right of way administration. Mr. Hughes reminded the Village that they had previously offered legislation in effect in Gates Mills, Ohio as an alternative.

Mr. Banchefsky stated that one of the problems with the utilities currently voiced concerns is that the legislative models currently approved by the PUCO are primarily a result of the utilities historical concerns raised to guard against a community or elected official overstepping the limits of right of way legislation which did not specify rights and responsibilities of utilities and municipalities alike. Ms. McKay stated her understanding that the PUCO has specifically prohibited a community from picking a flat fee that does not reflect actual and direct costs. She stated her concern that the utilities have submitted legislation that does exactly that and while the utilities state that they are in agreement with the fees they propose, if any one of them were to decide that they no longer were in agreement and challenged the fees to the PUCO, the PUCO would probably rule against the Village and in favor of the challenging utility. Mr. Banchefsky stated her understanding is correct.

Mr. Roark stated he is uncomfortable with adopting legislation with an untested fee approach. Mr. Cincione stated that the size of legislation is not related to the size of a community and should not be part of an argument for or against the proposed legislation. Mr. Studebaker stated the Village has been working with the same legislation for over a year, Council has been asked to express concerns to legal counsel and very few concerns have been voiced. He stated his opinion that the Village has the right to have legislation that provides the same level of regulation as is found in surrounding communities. Mayor Murray stated his opinion that the direct cost is easier to administer and the Village will have to calculate its percentage of utilities and be responsible for a share of the costs. He stated that the direct cost approach is better for the Village. Mr. Roark reiterated his concern that the Village not adopt an approach which has not been tested. Mr. Roark moved the adoption of O-2204-09. Mr. Studebaker seconded. The motion passed unanimously. 

            Mayor Murray introduced the third reading O-2220-09, An Ordinance amending Section 151.40 (commercial buildings) of the Code of Ordinances of the Village of Marble Cliff, Ohio. Mr. Cincione moved that section two of the ordinance be amended to be effective January 1, 2010. Mr. Kukura seconded. The motion passed unanimously. Mr. Cincione moved the adoption of O-2220-09 as amended. Mr. Kukura seconded. The motion passed unanimously.

Mayor Murray introduced the second reading of O-2224-09, An Ordinance Amending Sections 134.13 (Unauthorized Parking of Recreational Vehicles) and 351.18 (Unauthorized Parking of Recreational Vehicles) of the Code of Ordinances of The Village of Marble Cliff, Ohio. 

NEW BUSINESS

            Mayor Murray introduced the first reading of O-2229-09, An Ordinance authorizing the expenditure of $3,750.00 for the 2009 Village Holiday Party and $500.00 for holiday decoration of the Village green spaces. Mr. Studebaker moved the rules be suspended. Mr. Cincione seconded. The motion passed unanimously. Mr. Studebaker moved the adoption of O-2229-09. Mr. Kukura seconded. The motion passed unanimously.

            Mayor Murray introduced the first reading of O-2230-09, 2010 Annual Appropriation Ordinance. 

            Mr. Studebaker reported he and Mayor Murray attended the Grandview Heights Board of Health meeting where plans were discussed to address a possible outbreak of the H1N1 flu as well as a plan for distribution of the H1N1 vaccine. The police chief has developed a plan for information distribution and the schools will be the location for local immunizations. They hope to have information available for the community as early as Oct. 28^th or 29^th with the vaccine available as early as Nov. 1^st. 

            Mayor Murray reported he and Mr. Sterneker met with representatives of Our Lady of Victory Catholic Church. He stated the agreement with them was that they would let the variance request action lie over and not ask Council to act. He stated he was surprised and was not pleased that the architect asked Council to act. Mayor Murray stated he told the church there were promises made and not kept on their part. He encouraged Council to get all promises from the church in writing. He described dealing with them as “very difficult.” He stated the Village has spent thousands of dollars that need to be charged back to the church. Mayor Murray stated that the Council is free to let John Drake know how disappointed he is. Mr. Sterneker stated he was under the impression from the meeting that the church was going to ask for action at this evening’s meeting. Mayor Murray stated he was aware of the other financial issues and thought there would be another opportunity to meet before action was taken at the November Council meeting.

Mr. Studebaker stated the Engineer and Fiscal Officer must actively document and request payment. Ms. McKay stated her understanding that OLV was never notified that they were responsible for the engineering fees related to the erosion problems. However, they were informed of outstanding obligations from the Parish Center and she would expect to have those unpaid costs brought current before additional engineering work is done. Mayor Murray agreed that the church should not be invoiced for the engineering costs incurred by the Village to address the erosion issues. He stated he thought the request should and could be set aside until all issues were addressed and the church had agreed to such a delay. Mayor Murray cautioned Council to be sure that all issues are resolved.

            Mr. Banchefsky stated the Council has full authority to enforce agreements made as part any zoning action taken by Council.            

            Mayor Murray expressed his thanks to the Council for the work done during his tenure as Mayor and for their support. He wished the Council well and expressed his confidence that the Village is in good hands. He stated his resignation will take effect at 12:01 AM on November 1, 2009. Mr. Studebaker acknowledged Mayor Murray’s service and thanked him on behalf of the Council and the community for his hard work.  

ADJOURN

Mr. Cincione moved the meeting be adjourned. Mr. Roark seconded.  The motion passed unanimously.  Mayor Murray adjourned the meeting at 9:20 PM. 

Approved by:                                                                 Submitted by:

David T. Roark                                                               Cynthia A. McKay

Council President Pro Tem                                             Fiscal Officer

REGULAR COUNCIL MEETING OF SEPTEMBER 21, 2009

The regular, scheduled meeting of the Council of the Village of Marble Cliff was held Monday, September 21, 2009 in the Village Hall at 1600 Fernwood Ave. at 7:00 pm.  Those in attendance were: Council Members: Kent E. Studebaker, Matthew A. Cincione, Anne F. Jewel, John F. Kukura, David T. Roark, and Robert W. Sterneker; Mayor Richard C. Murray, Solicitor Mitchell Banchefsky, Village Engineer Louis McFarland Administrative Assistant, William Johannes and Fiscal Officer Cynthia McKay.  Visitors were present. 

VISITORS

Mayor Murray introduced R-2225-09, A Resolution expressing appreciation to Carson Dull for his Eagle Scout Project, a split rail fence in Tarpy Woods, in the Village of Marble Cliff, Ohio. Mayor Murray asked Carson to stand to be recognized. The Fiscal Officer read the resolution in its entirety. Mayor Murray complimented Carson on the completion of the project and expressed the Village’s appreciation for his efforts. Ms. Jewel moved the adoption of R-2225-09. The motion was seconded and approved unanimously. 

Mayor Murray introduced R-2226-09, A Resolution expressing appreciation to Eric Dull for his Eagle Scout Project, a new entrance path into Tarpy Woods, in the Village of Marble Cliff, Ohio. Mayor Murray asked Eric to stand to be recognized. The Fiscal Officer read the resolution in its entirety. Mayor Murray complimented Eric on the completion of the project and expressed the Village’s appreciation for his efforts. Ms. Jewel moved the adoption of R-2226-09. The motion was seconded and approved unanimously. 

Mayor Murray introduced Scott Sales, Operations Director for Hometown Urgent Care. Hometown Urgent Care plans to open a location at 2150 Marble Cliff Office Park.  Mr. Sales stated they operate 7 urgent care facilities in the Miami Valley and are growing rapidly and expanding into the Columbus area. He stated that the company has a strong philosophy of involvement with the community, schools, and churches. The location is designed to meet urgent care needs and work with local doctors for follow-up and hospitals for emergency referrals. Mayor Murray asked when they will be open. Mr. Sales stated their goal is to be open by November 1^st. Mayor Murray asked how the location was chosen. Mr. Sales stated the location was based on need, traffic, median income, and surrounding industries. The facility will have some basic prescription drugs available, but will not store or provide narcotics. The facility has crash carts to provide care for life threatening situations until the arrival of emergency responders but is not set up to treat life threatening medical emergencies.  

VARIANCES AND PERMITS

            Mayor Murray introduced the first reading of O-2221-09, An Ordinance granting Fence and Side Yard Variances to Robert and Sarah Meyers for the property at 1231 Cambridge Blvd. in The Village of Marble Cliff and declaring an emergency. Sarah Meyers was present to answer questions. The Fiscal Officer provided copies of two letters in support of the variance request and reported that no other comments in favor of or opposition to the variance request had been received at the Village Hall. Mr. Cincione moved the rules be suspended. Mr. Studebaker seconded. The motion passed unanimously. Mr. Cincione moved the adoption of O-2221-09. Mr. Roark seconded. The motion passed unanimously. Mr. Cincione moved the ordinance be adopted as emergency legislation in order to complete construction during the current construction season. Mr. Studebaker seconded.  Roll call: Mr. Studebaker, yes; Mr. Cincione, yes; Ms. Jewel, yes; Mr. Roark, yes; Mr. Sterneker, yes. The motion passed unanimously. 

            Mayor Murray introduced the first reading of O-2222-09, An Ordinance Granting a Sign Variance to Frank Cipriano for the property at 2150 Marble Cliff Office Park, In the Village of Marble Cliff, and declaring an emergency.  Patrick Wathen, from Equities, was present representing the property owner.  He distributed drawings of the proposed ground sign and the proposed location. Mr. Wathen stated the purpose is to replace the existing temporary sign. Mr. McFarland stated he had reviewed the application and determined that the proposed location might infringe on the Village’s right of way. He stated he discussed the concern with the applicant’s representative and they had agreed to a location northeast of the proposed location and outside of the Village’s right of way and not infringing on the proposed bike path. Mr. Wathen stated if the Village approves the size and design of the sign they will work with the Village Engineer to ensure the sign is installed in a location acceptable to the Village. In response to a request from Council at its regular August meeting, Ms. McKay reported the Certified Oil ground sign is 12 feet high and 11 feet, 4 inches wide in total size and the sign portion is 8 feet high and 4 feet wide which is slightly larger than the sign proposed for 2150 Marble Cliff Office Park. The existing Kohr, Royer Griffith sign is slightly smaller than the proposed sign. Mr. Wathen stated the sign includes 4 sections to provide signage for tenants in the rear building of the Marble Cliff Office Park. Council stated that when the sign is completed with information for all tenants, it must still comply with the Village’s sign code limitations of not more than 4 colors including black and white and not more than two styles nor 3 sizes of lettering or the property owner must return to Council for an additional variance. 

Mr. Kukura arrived at this point. 

Mr. Studebaker moved the rules be suspended. Mr. Cincione seconded. The motion passed unanimously. Mr. Studebaker moved the adoption of O-2222-09 with the understanding that the sign be installed outside of the Village’s right of way and the proposed bike path, and that it comply with the Village’s code limitations on number of colors and lettering. Mr. Sterneker seconded. The motion passed unanimously. Mr. Studebaker moved the ordinance be adopted as emergency legislation in order to complete construction during the current construction season. Mr. Sterneker seconded.  Roll call: Mr. Studebaker, yes; Mr. Cincione, yes; Ms. Jewel, yes; Mr. Kukura, yes: Mr. Roark, yes; Mr. Sterneker, yes. The motion passed unanimously.  

VISITORS – Cont.

Mayor Murray introduced Scott Harper of Harper and Associates to present plans for a proposed addition to Our Lady of Victory Catholic Church. The proposed plans include an addition in the northwest corner of the building adjacent to the sanctuary and a number of interior renovations. The addition would house the sacristy, a handicapped accessible restroom, storage and a quieting room on the main floor and a small classroom/meeting room and handicapped accessible restroom on the lower level. The addition is also designed to house an elevator, but an elevator is not planned for the project at this time. In addition to the new space, the addition would allow for reconfiguration of the sanctuary to better use the space and create a true cruciform floor plan. The proposed project also includes plans to improve the lighting in the sanctuary. Mr. Harper stated the proposed reconfiguration of the sanctuary would result in a reduction of two seats, but the resulting seating will be more useable. Mr. Harper explained that the proposed building materials reflect the appearance of the existing building.

Mayor Murray asked why church members are not aware of the proposal. Mr. Harper stated that a presentation will be made to the congregation within the next few weeks. Mr. Harper stated the plan requires the removal of one tree which will be replaced with two new trees. Council expressed their dissatisfaction that the landscaping which was approved as part of the variances granted for the construction of the Parish Center was never completed and the church leadership never adequately explained the reasons for not completing the work nor did they present alternatives for approval. Council stressed that they had concerns about the extensive lot coverage required by the last church project and had been assured that the landscaping designed to soften the appearance of the parking would be completed, but the church has not met those obligations. Council also expressed their concern about the significant time and financial resources the Village expended to address drainage and erosion problems created by the previous church construction project.

Mr. Roark stated the landscaping plan was approved as a condition for the approval of the demolition of the existing historical building on the property and the additional parking to make way for the Parish Center. He reiterated that the church has not lived up to the conditions established by Council for the previous project. Mr. Harper asked if anyone from the church had worked with Council to resolve the issues raised by Mr. Roark and others on Council. Mayor Murray stated he met with Dick Miller several years ago. At the time Mr. Miller indicated he would like to move forward with the total landscaping including the proposed “Stations of the Cross.”

Ms. Jewel stated her concern about the increase in the lot coverage and that she had expressed the same concerns when the church brought the Parish Center project to the Village Council for approval. She also indicated that along the railroad track there is stone that came out of the old buildings which the church had indicated would be reused, but in fact is simply ruble on the rear of the property or being used in a retaining wall.

Mayor Murray asked the church representatives to lay out their time line for the project. Mr. Harper stated they would like to get the foundation laid as quickly as possible – preferably before the end of the year. He also stated that Father Romano would like to begin the interior work within four or five months. Mayor Murray asked if there is any demolition required. Mr. Harper stated only a sidewalk will need to be removed.

Ms. McKay asked where the air conditioning units will be moved. Mr. Harper stated they plan to put them on the roof of the new construction hidden behind the parapet wall.

Mayor Murray stated that the committee needs to present the plan to the church membership and resolve some of the engineering issues. Mayor Murray asked Council if they believe the church’s time frame can be accommodated by Council. Mr. Roark stated his opinion that Council would need to decide whether or not the existing issues must be addressed and resolved before any necessary variances are approved. Council agreed that the issues should be resolved and “put to bed” before additional action is taken by Council. Mayor Murray stated that the Village incurred $15,000 to $20,000 in engineering expenses working with the church before they finally agreed to and completed work necessary to address the erosion problems created by the previous construction project. Mayor Murray stated that the situation should not have required so much time and money from the Village; the church should have “stepped up” and addressed the issue in a more timely and responsible fashion than they did. He did state that the problem has finally been resolved. Mr. Harper asked if the Council would be open to approving a revised landscaping design as part of the new project. Mr. Roark stated that it is incumbent upon the church that they come before Council and explain why the promised work was not completed and present a plan to address the concerns raised by Council. Ms. Jewel stated that the plan was presented and approved and then the work was not completed. She stated that the behavioral history of the property owners makes it difficult to have confidence that a new project will be completed as proposed. Council stated that it accepted the loss of a historic home and a significant increase in paved property in return for significant landscaping including color and detail that has never materialized. Council asked Mr. Harper to return to Council with an explanation for why the work has not been completed and plan to address the issues.

Mr. Studebaker asked if additional exterior lighting will be required. Mr. Harper stated there will be four additional exterior lights all attached to the building. The proposed wall sconces are shrouded to shine light up and down and under canopy lights would only shine down to illuminate the entrances. Mr. Studebaker reminded Council that one other issue from the previous project was the significant increase in lighting on the property due to the parking lot lights.

Mr. Harper stated that the proposed interior improvements will be of benefit to the church and to the community. Mr. Johannes asked the value of the improvements. Mr. Harper stated the entire project will have a budget of between $800,000 and $900,000. Council suggested Mr. Harper to return to Council with plans and commitments to address the concerns raised. Mayor Murray also suggested that members of the building committee that have been involved in the past should be part of the presentation to Council. Mayor Murray suggested that the church and the Council continue to talk over the coming months.

            Mr. Sterneker asked if there are any unresolved issues other than the landscaping. Mr. Roark stated the parking lot lights are actually higher than proposed and approved. Mayor Murray stated the erosion problems were significant and the church was very slow to adequately address the problems created. The problems were created when the original design and drainage plans were altered.

            Mr. Harper agreed to speak with representative of the church and return to the next Council meeting to address the issues raised. No action was taken. 

MAYOR’S REPORT

The Mayor’s Court Reports for August 2009 were presented. 

The Police Report for August 2009 was presented. 

            Mayor Murray reported he was approached after the last meeting to consider accepting the position of Executive Director of the state of Ohio School Facilities Commission. He reported he has accepted the position and has left his previous employment position and begun his new responsibilities. Mayor Murray stated he has determined that the new position makes it impossible to continue as mayor of Marble Cliff and he will resign on or about November 1, 2009. He stated that the decision to resign was a difficult one and he has enjoyed his time as mayor. He stated he will work to finish up several projects before his last day in office.

            Mr. Banchefsky stated that, due to the proposed date of Mayor Murray’s resignation, under existing statues Mr. Studebaker as Council President Pro Tem will assume the duties of mayor for the balance of the mayoral term. That will create a vacancy on Village Council which the Council will act to fill under standing procedures. 

            Council congratulated Mayor Murray on his appointment and thanked him for his service to the Village. 

            Mayor Murray stated his marked sidewalk panels in the Village for lifting and or grinding by B-Level. He stated he has approved 3 days of work for approximately $4,500. Mayor Murray recommended sidewalk panel replacement be part of 2010 projects.  

ENGINEER’S REPORT

Mr. Mares reported that Mayor Murray accepted his recommendation that he resign the position of Village Engineer after almost 10 years and that Louis McFarland of Burgess & Niple, Inc. become the Village’s Engineer. Mr. Mares stated that Mr. McFarland has been responsible for several of the Village’s most recent projects and before coming to Burgess & Niple he served as Engineer and Service Director for another central Ohio community. Mr. Mares stated that the move should help address some Village financial concerns as Mr. McFarland bills at a lower rate than Mr. Mares. He also explained that their offices are next to one another and he will remain available to assist in the transition and provide additional support when necessary.

            Mayor Murray and Council President Studebaker thanked Mr. Mares for his service and welcomed Mr. McFarland to his new responsibilities. 

Mr. McFarland reported the 2009 Stormwater and Sanitary Sewer Improvements project is underway. The contractor is on schedule to complete the work by the first part of November. Ms. Jewel stated she has caught a sewer smell near a stormwater grate on the west side of the railroad tracks at Cardigan. Mr. McFarland said he would investigate. 

Mr. McFarland reported Time Warner has not contacted the Village Hall to schedule the installation of the auxiliary power supply cabinets – one on Arlington Ave. and one on Cardigan. Ms. McKay reported certified addresses have been supplied for the cabinets. 

Mr. McFarland reported AT&T has submitted plans for the VRAD cabinet to be installed on Fernwood Ave. Ms. McKay reported a certified address has been supplied for the VRAD cabinet. 

Mr. McFarland left the meeting at this point. 

SOLICITOR’S REPORT

Mr. Banchefsky reported Time Warner is considering moving some staff into the NiSource property for a five year period. Time Warner has approached the Village about providing an economic incentive for moving into the property. Only non-tax revenue can be used for such an incentive. Mayor Murray proposed $100,000 over five years - $20,000 per year. Time Warner countered with $125,000 each year for five years. Mayor Murray responded that the Village would not be able to go beyond the $20,000 per year offered. Mayor Murray stated the anticipated income tax from the new employees is approximately $160,000 per year based on an 8 million dollar payroll. Time Warner would like to move the employees in as soon as possible. Mr. Banchefsky stated he has been told that it may take up to two years to have all the employees relocated.  

            Mayor Murray stated Time Warner plans to occupy approximately 40,000 square feet of the property and at present there is another potential employer discussing moving 170 employees into a different portion of the building. Mayor Murray suggested he and Mr. Studebaker meet with Time Warner and continue discussions. Council discussed options for funding economic incentives. No action was taken. 

            Mr. Banchefsky presented for Council consideration an alternate ROW legislation proposal which would replace the “bucket” approach to fee calculation in the legislation currently under consideration by the Council with a direct cost approach. He said one of the risks of making such a change is that it does not allow the Village to recoup generalized expenses such as the cost of degradation of the right of way. But it would allow the Village to recoup all actual and direct costs associated with work in the right of way from the utility performing the work. Mr. Banchefsky stated the most significant risk to the Village of adopting a direct cost approach is that it has not been tested and approved by the PUCO; only the “bucket” approach has been confirmed as acceptable by the PUCO.
            Mr. Banchefsky presented an email from AT&T stating the utilities are now drafting alternative language for the Village’s consideration. Mayor Murray stated he met with the utilities and charged them to reach a consensus that they would all agree to a direct bill approach. He said the utilities have agreed to pay engineering and inspection fees incurred by the Village during any right of way project. 

Mr. Roark suggested the Village should move forward with the legislation as designed by the Village’s legal staff and not allow the process to be further dragged out by the utilities. He suggested that the utilities be informed that the Village will rely on its counsel recommendations. Mr. Studebaker described the utilities’ approach as a common legislative strategy used when a group is opposed to proposed legislation. Mr. Roark suggested that the utilities be told that they need to submit anything they want Council to consider at least one week before the next meeting and that Council be prepared to act on the legislation at the October meeting. Mayor Murray stated he would pass Council’s position along to the utilities.

ADMINISTRATIVE ASSISTANT’S REPORT

Mr. Johannes reported the following building permits were issued in August:

MC-2009-24 Pizzuti Companies, 1555 Roxbury Rd., The Pizzuti Companies, building permit ($30,000); permit $234.00, plan review $75.00, surcharge $3.09                                                    Paid $312.09 

MC-2009-25 Pizzuti Companies, 1558 Roxbury Rd., The Pizzuti Companies, building permit ($400,000); permit $594.00, plan review $75.00, surcharge $6.69                                                    Paid $675.69 

MC-2009-26 Pizzuti Companies, 1558 Roxbury Rd., Response Electric, electrical permit ($10,000); permit $307.60, surcharge $3.08                                                                                Paid $310.68 

MC-2009-27 Lach Family Partnership, 1885 W. Fifth Ave., Bolons Plumbing Co., plumbing permit ($625); permit $75.00, surcharge $2.25                                                                                  Paid  $77.25 

MC-2009-28 Bishop, 1559 Roxbury Rd., Farrell Electric Inc., electrical permit ($6,000); permit $88.28, surcharge $2.65                                                                                                             Paid $90.93 

MC-2009-29 Pizzuti Prescott Place LLC, 1558 Roxbury Rd., Jozef Miller Plumbing, plumbing permit ($20,000); permit $510.00, surcharge $5.10                                                                     Paid $515.10