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HomeMy WebLinkAbout05/22/1984 RECORD OF PROCEEDINGS 391 Minutes of Dublin Village Council ~ Meeting National Graphics Corp., Cols., O. Form No. 1097 ~ II eld }fay 22~1984 19 ..... The regularly scheduled meeting of the Dublin Village Council was called to order by Mayor James Lewis at 7:30 P.M. on May 22, 1984. Members present were: Mr. Amorose, Mr. Close, Mayor Lewis, Ms. Maurer, Mr. Sutphen, and Mr. Thornton. Mrs. Headlee was absent. Mr. Gunner, Assistant Law Director, and Mr. Sheldon, Village Manager were also present. Village Staff members present were: Mr. Bowman, Ms. Prushing, and Mr. Warner. ".,... ~. Mr. Thornton made a motion to approve the minutes of the May 7, 1984 Meeting. Mr. Amorose seconded the motion. Mayor Lewis abstained. The vote to approve the minutes was 5-0. Mr. Sutphen made a motion to approve the bills after receiving informa- tion from Mr. Sheldon that the $169.00 paid to D & M Distributors was for a case of fusees for the Police Department. The motion was seconded by Mr. Close. Responding to a question from Mr. Thornton, Mr. Sheldon said that the problem with the cleaning company which cleans the Municipal Building has been resolved. All Councilmembers voted to pay the bills. ",.... Correspondence 1. A letter from Sarah Baker, Secretary of the Dublin Arts Council, expressing appreciation for the Resolution passed by the Village Council on April 16, 1984. 2. A request forwarded from the Ohio Department of Liquor Control. The request was for the transfer of a D-l permit (allowing beer for on premises consumption or in sealed containers for carryout) from Bash Recreation to Carol Large. There was no objection to the request. The snack bar business is being leased to Carol Large; the law requires the license to be transferred also. 3. Mayor Lewis mentioned the correspondence from Mr. Ronald Geese, submitting his resignation from the Board of Zoning Appeals, and noting that later in the meeting a selection would be made to fill his unexpired term. Mayor Lewis, speaking on behalf of Council, expressed appreciation to Mr. Geese for his years of service to the Village of Dublin, serving as a Councilmember as well as a member of the Board of Zoning Appeals. .....- Ordinance No. 17-84 - Public Hearing - Amend Section 1181.07 of the Codified Ordinances. There were no speakers. A Third Reading will be held at the next Council Meeting. Ordinance No. 12-84 - Appointing Deputy Clerks of Mayor's Court. Tabled Ordinance. No action was taken. ,- L Ordinance No. 13-84- To Permit and Control Dish Antennas. Tabled Ordinance. Ms. Maurer moved to remove the Ordinance from the table. Mr. Close seconded the motion. All Councilmembers present voted in favor of removing the Ordinance from the table. Mr. Sutphen requested additional information from Mr. Bowman. Mr. Bowman made the following comments: 1. The amendment as one of the perpendicular dish. A wind load factor of 70 miles per hour has been added to the guide- lines which is standard for this portion of Central Ohio and is recognized by the Ohio Basic Building Code. voted by Council at the last meeting to permit, guidelines, the maximum height of a dish to be 15' to the ground which could accommodate a standard 12' 2. -"fl'l. r'lllllJ '",lJI~Il.Jll",... RECORD OF PROCEEDINGS 371 Minutes of Meeting ~ National Graphics Corp.. Cols., O. Form No. 1097 ~ Held May 22, 1984 19 Page Two r .... 3. The landscaping requirement remains the same - that the dishes be adequately landscaped, noting that diverse situations will arise which will require different solutions. The idea being not to prohibit the dishes but to regulate them and to give the Planning and Zoning Commission a chance to examine the situation from a "neighbors point of view", and possibly suggest what landscaping would be necessary to make the dish more amenable on site. 4. In most cases the Planning and Zoning Commission should be able to accommodate most dishes. Mr. Bowman mentioned that there is precedence for landscaping for accessory type structures in the present Landscaping Code for the Village of Dublin, noting that the present code (as written) requires 100% opacity for accessory structures located in residential areas. Mr. Bowman acknowledged that a 15' dish on a 12' diameter base could not be totally concealed from sight, and obviously one side of the dish must be kept open for receiving signals. Councilmembers Ms. Maurer and Mr. Close spoke on the issue. They agreed that the present landscape code was restrictive in the case of dish antennas, mentioning especially the 100% opacity, specifically referring to 1187.04(C) of the zoning code landscaping section. Mr. Thornton said that he did not feel that Council should regulate what a resident could do or put on his own property, saying that placing a satellite dish does not pose any threat to the health or well being of a citizen of the community, suggesting that perhaps said regulation should extend to conventional TV aerials, wood piles, solar panels, and perhaps even swing sets. Mr. Gunner said that the existing landscaping and accessory structures code would require the 100% landscaping. Thus the decision to insert the words "adequately screened and landscaped and painted", noting the possible variety of sites and situations for placement of the dish antennas and permit the Commission to approve a lesser opacity than 100%. Mr. Bowman said that these are guidelines with some flexibility provided. Mr. Charles Cooper, a resident, said that he opposed the Ordinance primarily because of the screening requirement. The antennas will not be stationary; they will rotate almost 1800. The number of satellites is increasing; they are being placed closer together; larger dishes (with adaptations) will be required. Mr. Close, referring to Mr. Cooper's comments, mentioned that previously Mr. Cooper had said that the dishes would face south-southwest. The size of future dishes is still in question. Mr. Ken Snyder, also a resident, made the following comments: 1. He felt that the dish sizes will probably become smaller because of the direct broadcast satellites. 2. The rotational aspect has changed. 3. The potential problem with the definition of "antenna" as an accessory structure. 4. The dish antennas should not be regulated because of aesthetic values. 5. That there might be a violation of First Amendment rights, and perhaps discrimination might be involved in a persons economic ability to pay for appropriate landscaping. ,,-. t ..... [ -^ l__l,t RECORD OF PROCEEDINGS 37/ Minutes of Meeting ~ National Graphics Corp., Cols., O. Form No. 1097 ~ Held May 22, 1984 19 Page Three r ~ Ms. Maurer mentioned that the regulation of aesthetics is not new _ signs, buildings - value judgments are being made all the time. The use of dish antennas is not being prohibited. Mr. Close also said that value judgments are being made all the time when Ordinances are passed. Signal receptions as related to the First Amendment - there is a proven right to restrict, for instance, how you receive radio signals. You can't turn your radio up so loudly that it offends your neighbors. Mr. Close moved to amend the tabled Ordinance No. 13-84 to read in conformity with the proposed amended Ordinance that Mr. Bowman submitted, deleting the sentence in parentheses (See Section 1187.04(C) of the Planning and Zoning Code) under item 1184.03(a)(1)(D). Ms. Maurer seconded the motion. The vote was 6-0 for approval. Mr. Bowman again said that the Ordinance is a "guideline" and the Planning and Zoning Commission will examine in detail all aspects of the installation of dish antennas. The vote on the Third Reading of the Ordinance was: Amorose, yes; Sutphen, yes; Lewis, yes; Close, yes; Thornton, no; Maurer, yes. r L Resoltuion No. 09-84 - Coalition Regarding Zimmer Nuclear Plant. Third Reading. Mr. Hugh Quill, an investigator of the Montgomery County Prosecutor's Office spoke. Mr. Quill noted that he is working exclusively with governmental units on the utility coalition, that have joined in an effort to force a public hearing before the Public Utilities Commission on the future of the Zimmer Nuclear Power Station. The announcement to convert the facility to coal was made on Janury 21, 1984, after investing 1.7 billion dollars and 14 years. The coalition is opposed to the conversion because: 1. It has not been proven to be technically feasible. 2. Primarily from an economic standpoint. Some of the cost projections on the finished project range anywhere from 3.5 billion to 4.5 billion dollars at the time of completion. The coalition does not think this is the least costly alternative to the consumers of Ohio. They also have a concern regarding the industrial base in Ohio which suffers from a 10% higher labor rate than other states in the nation. Mr. Quill noted that the goals and objectives of the coalition are primarily for a public forum, making certain that all the facts and figures are before the public regarding the conversion and the future of Zimmer, working with the PUCO and the utility companies. The cost to Dublin for joining would be approximately $200, based on a 4.5~ per capita cost. The monies would go primarily to pay for expert testimony in the hearings. Mr. Close asked Mr. Quill how his proposed coalition and representation differs from the responsibility that the Consumer's Council has to the Village of Dublin, which is done at no cost to the City. Mr. Quill responded by saying that the Ohio Consumers Council is limited by charter to representing residential users, and also has to go to the State Controlling Board to get appropriations for expert testimony. However, the coalition will work together with the Ohio Consumers Council in presenting the case to the PUCO. Mr. Thornton also expressed his concerns regarding the politics involved in coalitions. Responding to a question from Ms. Maurer, Mr. Quill said that municipalities will not be asked for additional monies - this would be a one time request. [ RECORD OF PROCEEDINGS 381 Minutes of Meetillg ~ National Graphics Corp., Cols., O. Form No. 1097 ~ II eld May 22, 1984 19 Page Four '" I '-' Mayor Lewis said that he was in favor of joining the coalition for the following reasons: 1. That it was an excellent investment for a small amount of money. 2. The Zimmer Nuclear Power Plant has been fraught with problems that can only be called "technical management problems" and they are endless. 3. If the utilities are successful in converting this to a coal burning power plant then they can write-off the entire cost, much of which now is wasted, to the consumer because it represents the cost of the new electric generating coal burning power plant. 4. The intention of the coalition is well grounded and with the cooperation of the Consumers Council stands a much better chance of not getting this very substantial sum of money passed on to the consumer. Mr. Close mentioned again that he did not see where necessarily these coalitions have had a direct benefit to the municipalities and the residents of the municipalities. He also felt that a bad precedent was being set. For the sum of $200, however, he said he would probably vote in the affirmative, but is opposed in principal to coalitions. Mr. Quill said that he would be the liaison person reporting on progress, etc. and answering questions requested by Councilmembers. The vote on the Ordinance was as follows: Sutphen, no; Maurer, yes; Amorose, yes; Thornton, yes; Close, yes (reluctantly); Lewis, yes. ,.. i ..... Ordinance No. 19-84 - To Accept Proposed Annexation of 9.2 Acres Rings Road. First Reading. The Ordinance was introduced by Mr. Close. There was no further comment. Ordinance No. 20-84 - Appointment to Fill Unexpired Term on Board of Zoning Appeals. First Reading. Emergency. The term will expire December 31, 1984. Mr. Amorose moved to recommend Ed Hutchins to fill the unexpired term. The motion was seconded by Mr. Sutphen. The vote was 6-0 for approval. Mr. Amorose moved to do away with the three time reading rule and treat as an emergency. Ms. Maurer seconded the motion. The vote was 6-0 for doing away with the three time reading rule and treating as an emergency. The vote on the Ordinance was also 6-0. . -OM ...... Ordinance No. 21-84 - Regulating the Moving of Buildings. First Reading. The Ordinance was introduced by Mr. Thornton. Mr. Thornton also sug- gested an amendment be added which would regulate and/or limit the amount of time a building could occupy a vacant lot or private property while being moved. Ms. Maurer had a question regarding enforcement and enforcement officers as cited in Section 8 of the Ordinance. Mr. Warner made the following comment: the Building Official has to make sure the building is going to the right place and that the building can be moved; the Engineer has to be involved to see that the legal limits of the highways are not being exceeded, and the Police Department has to be involved to provide a police escort. ''''''"''-- Ordinance No. 22-84 - To Amend Ordinance No. 45-83 Re: Moving Buildings. First Reading. Introduced by Mr. Sutphen. A1 inutes of RECORD OF PROCEEDINGS 385 At eet illg National Graphics Corp., Cols., O. Form No. 1097 ~ ~ Held May 22J1984u 19 f"'" .....- r- f ..... ,.... L Page Five Ordinance No. 23-84 - Amending Ordinance No. 10-84 - Re: Blights, etc. Motor Vehicles on Premises. First Reading. The Ordinance was introduced by Mr. Thornton. Mr. Gunner reported that the Ordinance is a clarification of Ordinance No. 10-84 which refers to the number of vehicles on the premises. The amendment does not state or regulate the number of vehicles but refers to any vehicle parked on the premises. These vehicles have to meet certain requirements: they shall be parked on paved areas; they cannot be parked in yard areas; they shall be in operating condition; they shall be licensed and registered. Mr. Sutphen moved to do away with the three time reading rule and treat as an emergency. Ms. Maurer seconded the motion. The vote was 6-0. The vote on the Ordinance was also 6-0. Ordinance No. 24-84 - Rezoning of 2.704 Acre Tract - North Side of Tuller Road From: R-1, Restricted Residential To: SO, Suburban Office and Institutional District. First Reading. Mr. Amorose introduced the Ordinance. Mr. Thornton moved to submit the Ordinance to the Planning and Zoning Commission for their further consideration. Ms. Maurer seconded the motion. The vote of the Council was unanimous for approval of the motion. Approve Final Plat - Indian Run Meadow, Section 1. approve the Final Plat; seconded by Mr. Thornton. for approval. Ms. Maurer moved to The vote was 6-0 Accept Final Subdivision Plat - Kiplinger Estates. Mr. Amorose moved to accept the final subdivision plat. Mr. Sutphen seconded the motion. The vote was 6-0 for approval. Discussion of Proposed Special Census. Mr. Sheldon summarized informa- tion received since the last Council Meeting regarding Dublin's responsibilities if the Village would become a City. 1. Funding for the Scioto Bridge is finalized and should Dublin become a City before or during construction of the Bridge, it would have no effect on Dublin's percentage of the funding. With regard to state routes, Mr. Sheldon said that if Dublin were to become a City, Dublin would be responsible for snow removal and all normal maintenance of state routes within the City's juris- diction. For major maintenance (repaving, widening, etc.) as a City Dublin would be eligible for partial aid from the Federal Aid Urban System. This funding is administered by M.O.R.P.C. and requests must be made in advance to M.O.R.P.C. for approval. Mr. Sheldon estimated that there are approximately 18-20 miles of paved state routes in the Village. All maintenance on Interstate 270 would remain the full responsi- bility of the State. Using S.R. 257 (Riverside Drive) as an example, Mr. Sheldon said that if Dublin were a City and decided to repave, re-berm, and re-stripe the route, Dublin's 10% share of the cost would be approximately $64,000 to $74,000 if planned for 1987. 2. 3. 4. 5. 6. Municipal Building Expansion. made a presentation regarding Building Expansion. Mr. King Mr. David King of Horne, King & Rauh the concepts of the Dublin Municipal said that two major elements were involved: RECORD OF PROCEEDINGS 387 Minutes of Al eet ill" M ~ National Graphics Corp., Cols., O. Form No. 1097 ~ Held May 22~ 1984 19 Page Six r ~ 1- ....., 1. 2. Mr. from 1. The organization of the interior departments. How the building works with the general area of Coffman Park. King also made some additional comments and responses to questions Councilmembers. Those are recorded as follows: The Police Deparment will be moved from the basement facility to the existing building area presently used for administrative Village offices. The present administrative offices will be moved to the new section. There will be a separate entrance for the Police Department area and a separate parking area with a shelter type structure for po lice vehic les. The public entrance area will be reoriented to the southwest area of the building, bringing into play the uses and visual linkage of the Coffman Park area. The conference room will be approximately 14' x 22'. The existing basement area (lockers and restrooms) will be remodeled for use by police officers. The working areas of the administrative staff offices will be clustered. Mr. King discussed the exterior portions of the proposed building, noting that the addition will be one story. There is no encroachment on the property line to the south. The parking area has not been increased. If necessary, it could occur in the area to the north. Regarding possible future expansion - the building department, finance department and their support areas could be expanded to the north; the police department to the east. The department heads' offices would remain where they are. Mr. King agreed to leave the plans in the Council Chambers for perusal by Councilmembers at their convenience. Regarding the Council Chambers - a study has been use and provision for movie and/or slide screens, presentations, etc. The approximate costs would be A. Demolition and remodeling B. New Construction C. Site Work (All) done regarding the visual graphics, 2. 3. 4. 5. 6. 7. 8. "... 9 . 10. 11. ..... 12. 13. 14. as follows: - $105,000 - $427,000 - $13 0 , 000 Total $662,000 ,... I ... Dublin Arts Council. Mayor Lewis apoke to this issue. The Dublin Arts Council has prepared several legal documents, including by-laws, as well as an application to the Internal Revenue Service, for tax exempt status so that they can receive funds and contributions in order to carry out the improve- ment of the cultural values of the community. In order to proceed with their planning (brochures, advertising, membership solicitation) they need funds. Mr. Lewis moved to authorize the Village Manager to set aside $2,000 in the next 12 months to assist the Dublin Arts Council in getting their work underway. Mr. Close seconded the motion. The vote was 6-0. Mayor Lewis mentioned precedence - the Drug Committee, assistance to the Dublin Counseling Center, etc. RECORD OF PROCEEDINGS 393 Minutes of Meet illg ~ National Graphics Corp., Cols., O. Form No. 1097 ~ Held May 22 , 1984 19 Page Seven "..." ...... Capital Improvement Program. Mayor Lewis mentioned the discussion in March of perhaps considering a special meeting in June to discuss the Capital Improvements Program. Considerable discussion ensued with Councilmembers and Mr. Sheldon contributing. As a result, Mayor Lewis recommended to Councilmembers that they read the memorandum they would be receiving from Mr. Sheldon regarding Capital Improvements as well as reviewing Ms. Prushing's memo of February 16 in regard to Village indebtedness and related financial items, and then look at the list of suggested Capital Improvement item~, and then at the June 4 Council Meeting a special meeting date for discussion of this topic would be scheduled. Council Roundtable Discussion. ,.- Mr. Thornton 1. Mentioned the Parks and Recreation Committee proposals which had been received, and recommended that action be taken on them. Mr. Sheldon will draw up a Resolution outlining the responsibilities of the Parks and Recreation Committee and the Job Description for the Parks and Recreation Director. This Resolution will use the recommendations of the Parks and Recreation Committee. 2. The lift station is working at present, but he requested informa- tion regarding how many additional sewers can be tapped into this system before problems arise. Mayor Lewis assured Mr. Thornton that this subject is under regular consideration, as well as the contract with Columbus in trying to emphasize the importance of the West Bank Trunk. The last indication is that it should be 1987. 3. The road situation, mentioned at the last meeting, in front of Sister's Chicken has been corrected. 4. Perhaps signage could be installed to persuade people leaving the Sister's Chicken area not to use the underpass. ...... Ms. Maurer 1. The Estates, Gifts, and Benefits Committee met again. Lee Beall and Jan Short are new members. The secretary, Beth Brooks, has written to all Staff, Departments, Commissions, Boards, Committees, and Councilmembers requesting their ideas on possible gift items. Mr. Close 1. Mr. Close acknowledged the help and support of the Dublin High School officials when Mayor's Court was held in the gymnasium on May 7, 1984. 2. Announced an Office Open House to be held on June 1, 1984 from 4:00 to 7:00 P.M. "... Mr. Sheldon said that Flower Garbage would be observing Memorial Day on May 28th and that trash collections would be one day late that week as a result. i -.., The meeting was adjourned at 8:43 P.M. /1 . /~~ '//'7, ~ Clerk of Cound.l Mayor -