PUBLIC HEARING February 3, 2003
Mayor Evangelista called the Public Hearing to order at 6:50 pm. Council Members Mr. Britton, Mr. Buck, Mr. Burgard, and Mr. Toward were present. Mr. Loparo and Mr. Smith were absent. Also in attendance were Administrator Sample, Clerk-Treasurer Reed, Solicitor Murray, Chief Matty and Engineer Foley.
The purpose of this Public Hearing is to take comments for or against the rezoning of the Huntington Woods Subdivision parcel consisting of 12.5609 acres from R-2 to R-3.
Mr. Jim Pegrerow from Land Design Consultants representing C. &. G. Development stated that the request tonight is for the 12 acres that abuts Sidley’s Industrial Park, the Behm property and the Village Cemetery. A single-family detached condominium unit designed for empty nester type residents is what is being planned. He stated that the land is interesting terrain. Some of the streams will be re-routed because they are causing conflicts with the zoning requirements of 40-foot clearance. He stated he would be open to any questions Council may have regarding this land. Mayor Evangelista asked if they had a realistic number of units planned. Mr. Pegrerow stated the number would probably need to be tweaked, but approximately 44 units could be built.
Johnna Kopczak of 378 Hyder Dr. questioned the zoning of this being for multi-family, and being more houses than originally applied for. Mayor Evangelista replied that this is a new plan. Her understanding was that this request is because of problems with the topography and meeting sub-division regulations. Mr. Pegrerow stated that is not the case. The developer feels this is a transition piece between the single-family zoning and the industrial land to the south. Ms. Kopczak stated that her comments are directed to Council. She feels another very good transition between single family to what ever is going to be south of there, is green area and suggests a large green area, or some type of conservation zone be left there. She feels that several members of Council were concerned about multi-family and she hopes that this would not be approved tonight.
Mr. Jerry Gardner of 414 Hyder Dr. has two questions. The first being does the new proposed R-3 area meet all the requirements for R-3 zoning. Mr. Pegrerow believes it does meet all requirements for R-3 zoning. His second question is how many houses there will be now and the density of the development. He has no objection to do this per say, but he has a concern that more housing will be built and he has seen no serious attempt by Council to develop a north/south route in the Village of Madison with an over or under pass on the railroad tracks. He feels that is a safety issue now and certainly will be in the future with more density. Administrator Sample responded that Madison Village is fortunate enough to have a fire station on each side of the tracks. Administrator Sample also responded to the density comment. He stated that the density of approximately 50 or 60 acres that is already zoned multi-family, has been reduced from the 1963 zoning code of 10 units per acre to 7 units to 3.5 units per acre. The density of Madison Village has been reduced significantly. Mr. Gardner questioned whether the issue of a north/south under or over pass has been discussed. Mr. Buck responded that he brought that subject up 6 or 8 months ago. Council turned it down by a 2 to 4 vote. There were also some businesses concerned about the location.
Mr. Jim Kopczak of 378 Hyder Dr. has concerns relating to different precedents being set, in particular this rezoning. He stated that Council is faced with many dilemmas such as absorbing the recycling costs and increasing water rates. The school board will have a levy on the ballot for much needed school busses. Madison Township police department will also have a levy on the ballot. This Council is facing budget deficits; cuts will have to be made along the way, or is there an income tax increase in the future. He feels that the conservation zone alluded to earlier this evening might be a very valuable action as zoning wouldn’t need to be changed.
Mr. Chuck Doan of 190 Manchester Court opposes the development with the added area. He agrees with the green space area. He feel too much will be crammed into too small of a space. He is also concerned that he and many of his neighbors did not receive notification of these changes. Administrator Sample advised him that only residents within 200 feet of the subject needs to be notified, but he did try to expand and include more of the residents. Mr. Doan would like to see the area stay as originally planned.
Mr. Pegrerow stated that the streets in this development would be private streets owned and maintained by the association. The Village would have no responsibility as far as plowing or maintenance or infrastructure.
Administrator Sample pointed out that there are approximately 150 less units than could have been built 5 years ago in the R-3 areas and this leads to less density. Also before millions of dollars were spent on water and sewer lines, the Village looked at future residential and commercial land and installed 12-inch mains that should last about 100 to 150 years. They did plan for growth and not just to serve the capacity of today.
With no other comments, Mr. Buck motioned to adjourn the Public Hearing at 7:28 pm. Mr. Toward seconded. All present were in favor.
Mayor Evangelista called the meeting to order at 7:40 pm and invited all in attendance to join in the Pledge of Allegiance. He then called for a moment of silence in remembrance of the crew of the space shuttle Columbia.
Council Members Mr. Britton, Mr. Buck, Mr. Burgard, and Mr. Toward were present. Mr. Loparo and Mr. Smith were absent. Also in attendance were Administrator Sample, Clerk-Treasurer Reed, Solicitor Murray, Engineer Foley and Chief Matty.
Mr. Toward motioned to approve the minutes of the January 20, 2003 meeting. Mr. Britton seconded. All present were in favor.
Clerk-Treasurer Reed presented Pay Ordinance #2038 totaling $85,473.37. Mr. Burgard motioned for approval of Pay Ordinance # 2038. Mr. Buck seconded. All present were in favor.
Mr. Mark Vest of 717 W. Main Street is here to address Ordinance #4-2003. He has done some research on surrounding communities and none of the other communities have snow plow ordinances with the exception of Eastlake. He believes it is too much Government. He feels that if snow plowing is going to be monitored, so should all other businesses.
Mr. Joe Hejduk of 5569 Middle Ridge Road would like to know the reason snow plowers are being singled out. He feels an accident on private property would be between the property owner and the plow driver. Chief Matty responded that plows have struck fire hydrants and backed out into vehicles on the roadway. Mayor Evangelista responded that complaints have been made to Council members and Council decided to come up with some type of regulation. The regulation turned into an Ordinance with more ideas added to it to give more control. Solicitor Murray added that it is already a State law that if you are plowing for profit, you must have commercial plates. The only addition the Village has is that you register so that if there is a problem, they know whom to contact. When questioning if he would have to get commercial plates because he may barter his snow plowing services, Solicitor Murray responded that Mr. Hejduk would have to read the ordinance to see if he falls under the exemption.
Mayor Evangelista took this time to appoint Officer Duane LaRusch from a Class B officer to Class A. Chief Matty gave a brief overview of Officer LaRuschs’ work history. He has been with the Village since 1996 and will be a great asset to the department. Mr. Britton motioned to appoint Officer LaRusch to a Class A officer. Mr. Buck seconded. All present were in favor. Solicitor Murray proceeded to swear in Officer LaRusch. Congratulations Officer LaRusch.
ORDINANCE # 47-2002 AN ORDINANCE AMENDING ORDINANCE #33-1996, AS AMENDED, AND THE DISTRICT MAP AND DISTRICT MAP DESIGNATIONS WHICH FORM A PART OF THE ZONING CODE OF THE VILLAGE OF MADISON BY CHANGING THE LAND USE OF AND REZONING CERTAIN PARCELS OF REAL PROPERTY LOCATED IN THE SWEET BRIAR SUBDIVISION IN MADISON VILLAGE, FROM “M-1” LIMITED INDUSTRY TO “R-3” MULTIPLE FAMILY RESIDENCE DISTRICT. Mr. Burgard motioned to un-table Ordinance #47-2002. Mr. Buck seconded. All present were in favor. After a brief discussion, Mr. Britton motioned to re-table Ordinance #47-2002. Mr. Buck seconded. All present were in favor.
ORDINANCE #8-2003 was read by Administrator Sample for the first time. AN ORDINANCE GRANTING AN EASEMENT FOR ACCESS INGRESS AND EGRESS ACROSS A PORTION OF MADISON VILLAGE’S PROPERTY LOCATED AT EDWARDS STREET, MADISON, OHIO. This ordinance was read at this time so that Council would be aware of the Ordinance and the impact it may have on Ordinance #47-2002.
ORDINANCE #2-2003 was read by Administrator Sample for the second time. AN ORDINANCE MAKING APPROPRIATIONS FOR CURRENT EXPENSES AND OTHER EXPENDITURES OF THE VILLAGE OF MADISON, STATE OF OHIO, DURING THE FISCAL YEAR ENDING DECEMBER 31, 2003. Administrator Sample noted that there have been some modifications to the budget. He has met with the Chief and they went over the police budget and also the general fund budget and made reductions in expenditures. This will be the first reading of Amended Ordinance #2-2003. AN ORDINANCE MAKING APPROPRIATIONS FOR CURRENT EXPENSES AND OTHER EXPENDITURES OF THE VILLAGE OF MADISON, STATE OF OHIO, DURING THE FISCAL YEAR ENDING DECEMBER 31, 2003.
NEW BUSINESS
ORDINANCE #4-2003 was read by Administrator Sample for the first time. AN ORDINANCE AMENDING ORDINANCE NO. 49-1991 SO AS TO ADD NEW SECTION 377.01,377.02 AND 377.03 TO THE GENERAL TRAFFIC CODE REGULATING THE REGISTRATION AND CONDUCT OF SNOW PLOW OPERATORS.
ORDINANCE #5-2003 was read by Administrator Sample for the first time. AN ORDINANCE REPLACING SECTION 12 (d)(1)(2) OF ORDINANCE 22-1985 OF THE VILLAGE EMPLOYEE HANDBOOK AND DECLARING AN EMERGENCY.
ORDINANCE #6-2003 was read by Administrator Sample for the first time.
AN ORDINANCE REPLACING SECTION 12 (d)(1)(2) OF ORDINANCE 22-1985 OF THE VILLAGE EMPLOYEE HANDBOOK AND DECLARING AN EMERGENCY.
ORDINANCE #7-2003 was read by Administrator Sample for the first time. AN ORDINANCE AMENDING ORDINANCE NO. 37-1985 AND SECTION 7(c) OF THE POLICE PERSONNEL HANDBOOK AS TO MODIFY THE FULL TIME OFFICERS, PATROLMEN AND EMPLOYEES’ ABILITY TO TAKE HOLIDAYS OFF IN ADVANCE, AND DECLARING AN EMERGENCY.
ORDINANCE #9-2003 was read by Administrator Sample for the first time. AN ORDINANCE AMENDING ORDINANCE #33-1996 AS AMENDING THE ZONING CODE OF THE VILLAGE OF MADISON AND ITS ZONING DISTRICT MAP INCORPORATED THEREIN SO AS TO CHANGE THE ZONING CLASSIFICATION OF PHASE 3 OF HUNTINGTON WOODS SUBDIVISION FROM R-2 SINGLE FAMILY RESIDENCE DISTRICT TO R-3 MULTI -FAMILY RESIDENCE DISTRICT.
COUNCIL REPORTS
Mr. Britton reported that there is a meeting with the Township on Saturday, February 8, 2003 at 9:00 am to discuss inside millage.
Mr. Buck reported that he spoke with Dorothy Cavanaugh of Pickerington, Ohio regarding the school district money. She was denied the opportunity to speak at or deliver the Madison Village Resolution to their School Board Meeting.
Mr. Burgard noted that Wednesday, February 5, 2003 is the next fireboard meeting.
ENGINEER’S REPORT
Engineer Foley reported that they are working on the storm water management.
SAFETY DEPARTMENT REPORT
Chief Matty reported that on Sunday, a re-certification CPR class was held for 4 auxiliary officers. The instructors Michael Hoffman and Patrick Shannon did an exceptional job in presenting the class.
On Thursday, January 30, 2003 Chief Matty attended the graduation of PLUS students at Red Bird Elementary School. It is a program that replaces DARE. It is Peers Learning Usable Skills.
ADMINISTRATOR’S REPORT
Administrator Sample reported that during the month of January, the Village used approximately 400 tons of salt at a cost of $14,000. This is about half of the normal winter budget of salt. There was approximately another $7,000 spent in overtime to keep the roads clear.
MAYOR’S REPORT
Mayor Evangelista reported that as Mr. Britton mentioned earlier, a meeting is scheduled including Solicitor Murray, Mr. Britton, Mayor Evangelista, from the Village and Paul Brunner, and Solicitor Ron Graham from the Township to look over a first draft of an agreement between the Township and the Village. He will keep Council abreast of this situation.
The water rate increase from the County goes into affect today.
The American Veterans Travel Tribute will come into Village Park on August 28-31, 2003. This is the miniature Viet Nam wall and will be on display for four days, 24 hours a day with ceremonies and events planned.
The Architectural Review Board is still accepting applications from residents and professionals.
The Village is looking for a new tax commissioner.
Mayor Evangelista would like to form a committee to review and update the police handbook.
The upcoming dates follow: February 6, 2003 is the next Mayor’s Court, February 13, 2003 is the next Planning Commission Meeting, February 17, 2003 is the next Council Meeting, and February 20, 2003 is Mayor’s Court.
Clerk-Treasurer Reed would like to put his name in the hat for the Tax Administrator and was wondering if there might be a conflict. Solicitor Murray at this time sees no conflict.
Administrator Sample stated that Central Collection Agency is ready to set up a date for a Saturday in April that they will come to the Village and help residents with their tax returns. Also a list is being compiled of delinquent income tax accounts that are ready to be prosecuted.
Mr. Britton motioned to adjourn to executive Session for legal purposes with no other business to be conducted upon return. Mr. Buck seconded. All present were in favor.
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