MINUTES, REGULAR COUNCIL MEETING OF JANUARY 19, 2015
The regular, scheduled meeting of the Council of the Village of Marble Cliff was held Monday, January 19, 2015 in the Village Hall at 1600 Fernwood Ave. at 7:00 pm.
Those in attendance were: Council Members: Matthew P. Cincione, John F. Kukura III, Linda J. Siefkas, Robert W. Sterneker, Kendy A. Troiano, and Dow T. Voelker; Mayor, Kent E. Studebaker; Stephen Smith, representing Village Solicitor, Mitchell Banchefsky; Village Engineer, Louis McFarland; Administrative Assistant, William Johannes, and Fiscal Officer, Cynthia McKay. Visitors were present.
ORGANIZATION OF COUNCIL
Ms. Troiano nominated Matthew P. Cincione to serve as President Pro Tem of Council for 2015. Mr. Kukura seconded the nomination. Roll Call: Mr. Kukura, yes; Ms. Siefkas, yes; Mr. Sterneker, yes; Ms. Troiano, yes; Mr. Voelker, yes; Mr. Cincione, yes. Mr. Cincione was elected President Pro Tem of Council with 6 votes in favor, 0 opposed.
VARIANCES AND PERMITS
Mr. Smith asked all in attendance who intended to offer testimony on Ordinance O-2448-14 to stand and be sworn in. Mr. Smith asked, “Do you swear or affirm that the testimony that you will give before the Marble Cliff Council in this variance hearing will be the truth and the whole truth and nothing but the truth?” Those standing responded “Yes.”
Mayor Studebaker introduced the second reading of O-2448-14, An Ordinance granting a Side Yard Structure Variance and a Side Yard Setback Variance to Patrick Youssef, for the property at 1261 Cambridge Blvd., in the Village of Marble Cliff and declaring an emergency.
Dr. Youssef presented elevation and floor plan drawings for the proposed addition to replace the existing sun room on the south side of their house. The drawings reflect a smaller footprint from the one initially proposed. The addition would be 16 X 16 rather than 18 x 16 thereby reducing the proposed side yard setback encroachment by two feet. Dr. Youssef stated his belief that the changes reflect a good compromise to the issues raised at the December Council meeting.
Ms. McKay reported correspondences regarding the proposed variance from Andrew Granger and Ryan Crossley were placed on the Council members’ desks. She reported no other correspondences in favor of or opposition to the variance were received at the Village Hall since the December Council meeting.
Dr. Youssef stated they have worked hard to make the addition look like a natural extension of the home.
Mr. Voelker asked for clarification of the revised encroachment into the 15 foot side yard setback. Dr. Youssef stated the encroachment would be reduced from 13 feet in the original variance request to 11.5 feet in the revised request. The drawings presented represent the scaled back request. Dr. Youssef stated they plan to plant shrubbery between the addition and the neighbor’s property line.
Dr. Youssef stated they plan to use siding that is identical to the siding on the house. He did state that they are considering using some stone if matching stone can be found and is not prohibitively expensive.
Susan Basting, 1251 Cambridge Blvd., stated that her opinion that the proposed addition, even with the two foot reduction in width, is too large and encroaches on their property in an unacceptable manner. She stated her concern that the windows of the proposed addition would look directly into their dining room. Dr. Youssef stated they plan to have shades on the window. He further pointed out that the windows in the existing room look into the Basting’s dining room and that the proposed plan reduces the number of windows on the Basting’s side of the addition. He also reiterated his intention to plant shrubbery between the addition and the Basting’s property.
Mayor Studebaker reported that many of the homes along Cambridge Blvd. south of 1st Ave. have side porches or sunrooms. He asked the Bastings if they have such a room. Mrs. Basting stated they have an 11 X 14 room which sits 8 to 10 feet away from the neighbor’s driveway to the south. They confirmed that the neighbor’s driveway is not as close to the property line as the Basting’s driveway is to Dr. Youssef’s property line.
Council discussed aspects of the proposed addition and reviewed various perspectives of the existing property. Mr. Basting suggested the addition would be improved if it were not flush with the front of the house. Dr. Youssef stated the addition will not be flush, but will set back several inches to match north side of the house. Mrs. Basting stated she would be happier if there were tall plantings along the south side of the addition. Dr. Youssef stated they plan to do planting, but did not include the plantings in the drawings.
Mrs. Siefkas expressed her ongoing concern with the overall size of the addition and the appearance of the finish. Dr. Youssef stated that he is very concerned with improving the appearance of the existing structure and that the proposed siding matches the house siding. He stated he does not want to commit to a stone finish if matching stone cannot be located. Dr. Youssef also explained that the chimney in the room is extremely large and juts almost three feet into the room. He stated the chimney creates the need for a larger foot print in order to create usable space in the addition.
Mayor Studebaker encouraged Council members to visit the properties. He asked Dr. Youssef to stake out the addition. Dr. Youssef invited Council members to come to his home and see the existing room’s interior. Mayor Studebaker commented that the room or porch addition encroaching into side yard setbacks is fairly common along Cambridge Blvd. He said the location of driveways also impacts the appearance.
No action was taken.
CONSENT AGENDA
) Receive – Mayor’s Court Report, December, 2014
2) Receive – Police Report, December, 2014
3) Receive- Fire Dept. Report, December, 2014
4) Receive – Building permits issued in December, 2014
5) Approval – Minutes of the regular, scheduled meeting of December 15, 2014
6) Approval – Financial Statements for December, 2014
7) Receive – Village Income Tax Report – $141,682.27
8) Receive – Columbia Gas notification of community meeting
Mr. McFarland reviewed the upcoming Phase II Columbia Gas project to replace old gas lines and install new residential meters in Grandview Heights, Marble Cliff, and Upper Arlington.
Ms. Siefkas commented on the health of the 2014 revenues. Mayor Studebaker commented that there is still some commercial space available in the Village for lease.
Mr. Sterneker moved approval of the Consent Agenda. Mr. Kukura seconded. The Consent Agenda was approved unanimously.
MAYOR’S REPORT
Mayor Studebaker reported he is moving forward with planningNext to schedule the planning meeting. He asked that any Council members that have not submitted their available dates for meeting to do so as quickly as possible.
Mayor Studebaker distributed maps of the Grandview Yard development and reviewed elements of the development.
Mayor Studebaker reported he will present the State of the Village report at the Chamber of Commerce meeting on February 12, 2015.
ENGINEER’S REPORT
Mr. McFarland reported the street lights on W. Fifth Ave. and Cardigan Ave. are working. The Falco Park lights will be completed in the coming weeks. He said the lights will burn continually for several days as part of the testing process.
Mr. McFarland said that the first invoice from Precise Boring has been received and the costs came in under budget. Therefore the Council will need to act on a change order request.
Mayor Studebaker asked Council members to listen for community comments and to begin looking for dark spots in other areas of the community as work begins on the next phase. Mr. McFarland said the wattage on W. Fifth Ave. and Fernwood Ave, is higher than what is proposed for the balance of the Village. When all the Fernwood lights are up and working, the AEP overhead lights will be removed. Mr. Johannes asked Council members to walk the Village during the winter nights to confirm the best locations for street lights in the rest of the Village.
Council discussed the continuation of the project in the coming year or two.
Mayor Studebaker introduced the first reading of O-2454-15, An Ordinance accepting a change order submitted by Precise Boring of Ohio for the Marble Cliff Street Light Project – Phase 1 – 5th Ave. and Fernwood Ave. and determining a final payment to Precise Boring of Ohio by the Village of Marble Cliff.
Ms. McKay explained the changes to reflect the fact that the contractor did not use as much material as originally budgeted.
Ms. Troiano moved the rules be suspended. Mr. Voelker seconded. The motion passed unanimously. Mr. Cincione moved the adoption of O-2454-15. Mr. Kukura seconded. The motion passed unanimously.
Mr. McFarland confirmed that the Village’s OPWC application for the Dublin Rd. and Cardigan Ave. Water Lines Improvement Project has been moved into the Small Government Funds. The original OPWC application was for a loan only. With the movement into the Small Government Funds the Village has the opportunity to modify the request to include both a grant and a loan. In addition to the OPWC loan, the Village will apply to the Franklin County Infrastructure Bank.
Ms. McKay explained the Franklin County Infrastructure Bank is now making low interest loans to cities, villages and township for infrastructure improvements. The loan from a third party helps the Village’s scoring with the OPWC application and increases our chances of getting the OPWC funding. The Franklin County loan would be a 10 year loan paid back over 9 years with no penalty for prepayment.
Mayor Studebaker introduced R-2453-15, A Resolution authorizing the Mayor and Fiscal Officer to seek financial assistance from the Franklin County Infrastructure Bank for funding for the Dublin Road and Cardigan Avenue Waterline Improvements Project.
Mr. Kukura moved the adoption of R-2453-15. Mr. Voelker seconded. The motion passed unanimously.
Mr. McFarland left the meeting at this point.
SOLICITOR’S REPORT
Mr. Smith reported that the Village has been dismissed from the City of Columbus eminent domain action related to property acquisition around the new bridge over the Scioto River at W. Fifth Ave. and Dublin Rd.
ADMINISTRATIVE ASSISTANT’S REPORT
Mr. Johannes recommended the Council approve a proposal from Peabody Landscaping for 2015 and 2016. Peabody has offered to continue performing landscaping work for the Village at the same annual rate of $20,376.00 in 2015 and 2016.
Ms. Siefkas moved approval of the 2015 and 2016 landscaping agreement with Peabody Landscaping for $20,376.00 per year. Mr. Kukura seconded. The motion passed unanimously.
Mr. Johannes reported Springberry Landscaping will be performing the restoration of the brick plaza in Falco Park. The work will include removing all the bricks in the Falco Park Plaza to level the space then reinstalling the bricks including the newly engraved bricks. The brick engraving will be done by Modlich Monuments. Mr. Johannes said he plans to have the work started when the weather improves and hopes to have the work completed by May.
APPROVAL OF BILLS
Ms. Troiano moved approval of the January 2015 bills totaling $262,795.48. Mr. Cincione seconded. The motion passed unanimously.
Mr. Voelker moved approval of the amended December 2014 bills totaling $105,486.02. Mr. Sterneker seconded. The motion passed unanimously.
FISCAL OFFICER’S REPORT
Mr. Cincione moved approval of the following supplemental appropriations:
$9,902.00 from 1000-760-344-0000 to 1000-755-399-0000 tax collection fees. Ms. Troiano seconded. The motion was passed unanimously.
Ms. McKay presented the final expenses for the holiday party and the manner in which leftover items were distributed.
Ms. McKay reported the 2014 year-end rollover was completed in early January and all necessary county and state reports have been filed.
OLD BUSINESS
Mayor Studebaker introduced the third reading of O-2445-14, An Ordinance authorizing the Mayor and Fiscal Officer to enter into a contract for professional legal services with Frost Brown Todd, LLC for a one-year period from February 1, 2015 through January 31, 2016. Mr. Cincione moved the adoption of O-2445-14. Ms. Troiano seconded. The motion passed unanimously.
Mayor Studebaker introduced the second reading of O-2451-14, An Ordinance adding Section 90.10 (Health Risk Animals), Section 90.11 (Animals Prohibited in the Village) and Section 90.12 (Bees) to the Code of Ordinances of the Village of Marble Cliff, Ohio.
Ms. McKay reported there have been no correspondences or telephone calls to the Village Hall in support or opposition to the proposed legislation.
Council had a brief discussion of restrictions and policies in other central Ohio communities. Mr. Smith explained that he worked with Grove City to develop their legislation. Marble Cliff’s language is based on the Grove City model.
No action was taken.
NEW BUSINESS
Mr. Kukura has agreed to chair the 2015 Falco Scholarship Committee. Members of the committee will include Mayor Studebaker, Mr. Cincione, Ms. Troiano, and
Ms. Siefkas. Mr. Kukura reported there are 13 seniors at GHHS who may be eligible for the scholarship. The applications and notices have been completed and are available at this time.
Mayor Studebaker introduced the first reading of O-2452-15, 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. Cincione moved the rules be suspended. Mr. Kukura seconded. The motion passed unanimously. Mr. Voelker moved the adoption of O-2452-15. Ms. Troiano seconded. The motion passed unanimously.
ADJOURN
Ms. Troiano moved the meeting be adjourned. Mr. Kukura seconded. The motion passed unanimously. Mayor Studebaker adjourned the meeting at 9:00 PM.
Approved by: Submitted by:
Matthew P. Cincione Cynthia A. McKay
Council President Pro Tem Fiscal Officer