Granville Community Calendar

Council Minutes NOVEMBER 3, 1993

VILLAGE OF GRANVILLE
COUNCIL MEETING MINUTES
NOVEMBER 3, 1993
CALL TO ORDER
Mayor Eisenberg convened the meeting at 7:33 p.m.
ROLL CALL
Those responding to the roll call were:
Councilmember Garrett
Councilmember Shulman
Councilmember Herman
Councilmember Vance
Councilmember Freytag
PUBLIC HEARINGS
Vice Mayor Marshall
Mayor Eisenberg
Law Director Hurst
Manager Plunkett
A public hearing was held on Ordinance No. 29-93, " An Ordinance To Amend
Sections 171. 03 And 171. 14 And To Repeal Section 171. 19 (c)And (d)Of Chapter 171
Of The Codified Ordinances Of Granville, Ohio, Establishing Income Tax Regulation
Charges And To Repeal Existing Sections Of Said Codified Ordinances."
No one appeared to speak for or against Ordinance No. 29-93. The public
hearing closed at 7:34 p.m.
REVIEW AND APPROVAL OF MINUTES
The minutes of the October 20, 1993, Council meeting were presented for
review. Councilmember Vance moved to approve the minutes as corrected. Seconded
by Councilmember Freytag. Motion carried.
CITIZENS COMMENTS
Those signing the register were:
Larry Huey
Sally MacPhail
Patrick Hart
Broadway Blooms
Jurgen Pape
J. Thornborough
Kevin Davis, Dimension Cable
George Fackler
Planning Commission member Jurgen Pape stated that he would like to make
some comments on the proposed sign ordinance that was submitted to Council. Mr.
Pape stated that small window signs were reduced to four square feet. Mr. Pape stated
that the Planning Commission also discussed the temporary median sign on Broadway.
Mr. Pape stated that the planning commission felt that the sign should have a
permanent frame so that there are not a lot of different frames and different sized signs
there.
Planning Commission member Larry Huey stated that the major objectives in
reviewing the sign code had been to correct the major concerns with the current sign
code. Mr. Huey stated that the committee simplified the code in places. Mr. Huey stated
that he would like to have signs consistent though out the village. Mr. Huey stated that
the committee has added special regulations in places. Mr. Huey stated that the village
should decide what signs should look like 20 years from now, and plan for the future.
Mr. Huey stated that controlling temporary signs was added in the proposed code. Mr.
Huey stated that a major concern was variances. The Planning Commission has been
able to restrict sign sizes however the BZBA had in the past encouraged applicants to
ask for larger signs at the variance hearings.
Councilmember Vance stated that he would like to personally thank Mr. Huey for
the hard work and time he has put into reviewing the code.
Vice Mayor Marshall agreed stating that Mr. Huey took the bull by the horns and
had put in a lot of hard work and time.
COMMITTEE REPORTS
Councilmember Shulman reported on the Planning Commission's November 1,
1993, meeting. Mr. Shulman stated that two temporary signs for the Welsh Hills School
were approved. One sign was for a fund raising project, the other was for the new
school site which would be a warning sign to the public that the site was under
construction. Mr. Shulman stated that a fence and no trespassing signs were also going
to be installed at that site. Mr. Shulman stated that a sign from Granville Hometown
Video was approved after it was reduced to approximately 1/3 the size of the original
request. A sign from Willowwood was also approved.
Councilmember Freytag reported on the Old Colony Cemetery Board meeting.
Mr. Freytag stated that the Board and the volunteers expressed their appreciation to
the Council for removing the old truck at the car wash. Mr. Freytag stated that the
Board discussed the shed that is to be constructed, the concrete is scheduled to be
poured this week. Councilmember Freytag stated that Mrs. Pape is working on a long
range landscaping plan for the cemetery. Mr. Freytag stated that there discussion was some on the Opera House elm tree being transplanted and there was some discussion concerning the gate facing South Main Street which is going to be renovated.
Councilmember Freytag stated that the Recreation Committee met, Township Trustee Paul Treece presented a plan for a 40 acre park near Raccoon Creek. The plans were drawn up by Dean Ramsey and included two soccer fields, four baseball
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diamonds, and a parking lot. Mr. Freytag stated that there was some discussion of a
basketball court but no final decision had been made. Mr. Freytag stated if any member
of Council or the public had any ideas of what should be built in that park, now was the
time to speak.
Councilmember Shulman asked if their was a connection from the proposed park
to the bike path?
Manager Plunkett stated that the staff is looking into the possibilities of a village
township land swap. Manager Plunkett stated that some assistance from the Township
would be needed. Mr. Plunkett stated that the plans are still in rough form.
Proposed Siqn Code
Manager Plunkett suggested having a public meeting to discuss the sign code.
Councilmember Vance suggested the Planning Commission and the Granville
Business and Professional Association review the proposed code and give their
comments at the next Council meeting on November 17. Mr. Vance stated that after
Council reviews the Planning Commission and the GBPA's comments, the public input
session would be scheduled for the following council meeting, December 1.
OLD BUSINESS
Shepardson Condominiums
Earl Shurtz stated that he would like to have his architect Mark Denny give the
presentation.
Mark Denny stated that additional condos will be built at the far west end of
Maple Street where the existing units are. Mr. Denny stated that they were adding
twenty-two units instead of the twenty-six that was planned.
Mr. Denny stated that the condos would consist of two types, the duet and the
trio. Mr. Denny stated that the duet would be a two bedroom, two car garage. The trio
would have two bedrooms on the first floor with a third bedroom upstairs in a loft
setting. Mr. Denny stated that the trio would have the option of the garage. Mr. Denny
stated that they are keeping with the art and style of Granville with all brick exteriors.
Mr. Denny stated that the trios include a covered porch and the duets will have patios.
Mr. Denny stated that Phase l would consist of two buildings that would serve as
models.
Mr. Deny stated that the duet is 1, 296 square feet while the trio is just shy of
1, 300 feet. Mr. Deny stated that a number of options would be available to the buyer
such as carpet quality and the trio will have an optional fireplace. Mr. Deny stated that
all of the units have adequate storage much like single family homes.
Mr. Deny stated some earth moving would have to be done and little filling. Mr.
Denny stated that some trees would have to be cut down, but they were keeping as
many as they could.
Ordinance No. 27-93, " An Ordinance Amending The Granville Zoning Ordinance
And Accompanying Map Thereto, By Amending The Classification Of The Zoning
District For A Certain Five Acre Parcel Of Land Described Herein And Located At 1960
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Newark-Granville Road From PUD, Planned Unit Development To SBD, Suburban
Business District. "
Councilmember Shulman motioned to remove Ordinance No. 27-93 from the
table. Seconded by Councilmember Vance. Motion carried.
Mayor Eisenberg stated that a lot of time and effort was put into the changing the
SBD regulations. Mayor Eisenberg stated that he saw no reason not to proceed with
action on the ordinance.
Councilmember Shulman stated that the Planning Commission discussed
limiting the access to the property and having no access from Newark-Granville Road.
Mr. Shulman stated that he would like to have that noted in the ordinance so later the
recommendation from the Planning Commission would be on file. Mr. Shulman
suggested having the Planning Commissions recommendation as an exhibit.
After some discussion, Councilmember Shulman moved to amend Ordinance 27-
93 by attaching the Planning Commission recommendation as an attachment.
Councilmember Vance seconded. Motion carried.
Councilmember Vance moved to adopt Ordinance No. 27-93. Seconded by
Councilmember Shulman. Roll call vote: Shulman yes, Garrett yes, Herman yes,
Vance yes, Freytag yes, Marshall yes, Mayor Eisenberg yes. Seven yes votes.
Ordinance No. 27-93 was adopted.
Ordinance No. 29-93, " An Ordinance To Amend Sections 171. 03 And 171. 14
And To Repeal Section 171. 19 (c)And (d)Of Chapter 171 Of The Codified Ordinances
Of Granville, Ohio, Establishing Income Tax Regulation Charges And To Repeal
Existing Sections Of Said Codified Ordinances"was reintroduced, title read, and moved
for adoption by Councilmember Freytag. Seconded by Councilmember Vance.
Councilmember Freytag stated that in Section 171. 14(a),the interest rate is
being increased from 1 2/ %to 1 %Mr.. Freytag stated that he is opposed to that
increase. Mr. Freytag stated he is opposed to Section 171. 14 (b)( 1),where it states "if
such tax is paid between the seventh and twelfth months after such tax became due;
and a penalty of four percent per month, or fraction thereof the amount of the unpaid
tax."Mr. Freytag stated that he opposed that because this is a civil penalty and not a
criminal penalty. Mr. Freytag stated that he felt that penalty was excessive. Mr. Freytag
stated that if there was a case where a person couldn't pay because they did not have
the money, this would be excessive. Mr. Freytag stated that if a person intentionally
evades taxes, that is a criminal penalty which should be dealt with through Mayor's
Court. Mr. Freytag stated that in his opinion, the Village should increase the criminal
penalty and deal intentional evaders through Mayor's Court. Mr. Freytag stated that he
supported the4%penalty for intentional evaders. Councilmember Freytag stated he
would support a maximum of2%for the penalty.
Mayor Eisenberg stated that the total penalty is relatively " small change." Mr.
Eisenberg stated that the penalties were to get attention of delinquent tax payers.
Law Director Hurst stated that there should be recognition in the code for the
persons with the inability to pay income tax.
Councilmember Freytag stated that he agrees with Section 171. 14 (b)2(),
however in his opinion, the 1 %interest plus4%penalty is excessive. Councilmember
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Freytag stated that the interest can remain the same but the penalty should be
decreased.
Law Director Hurst stated that Section 171. 14 (b)( 1)exists currently in the code
and is not an amendment.
Councilmember Freytag stated that he would like to see an ordinance to
increase the criminal penalty.
Mayor Eisenberg agreed with Mr. Freytag stating that there is no real leverage.
Law Director Hurst stated that he recalls with out reading the code, when a
return has been filed in good faith, the tax commissioner can waive penalties and/or
interest for dire circumstances. Mr. Hurst stated that he would have to read the code
again be certain.
Councilmember Vance suggested adopting the now as it is and adopting another
ordinance later that would deal with Councilmember Freytag's uncertainties.
Roll call vote on Ordinance No. 29-93: Freytag yes, Herman yes, Vance yes,
Shulman yes, Garrett yes, Marshall yes, Mayor Eisenberg yes . Seven yes votes.
Ordinance No. 29-93 was duly adopted.
Kevin Davis -Dimension Cable
Mr. Davis stated that the council should have received a letter concerning the
Dimension Cable franchise renewal. Mr. Davis stated that he was present to talk about
the process so that council would have a better understanding. Mr. Davis stated that
he realized that it was an entire community issue. Mr. Davis stated that Granville is now
closing in on the expiration date of the franchise and needed to get the franchise
renewed. Mr. Davis stated that the rebuilding is now in process and moving towards
Granville. Mr. Davis stated that the franchise was simply a right to exist and was a non
exclusive franchise. Mr. Davis stated that other cable companies can come into the
village even if Granville has a franchise agreement with Dimension. Mr. Davis stated
that the franchise simply guarantees a return on investments for Dimension.
Mr. Davis stated that the new super highway system would provide new services
as they come available. Mr. Davis stated that the franchise simply was saying
Dimension has the right to be in Granville and provide services. Mr. Davis stated that a
major concern for Dimension was the franchise rebuild crews are here working and are
almost finished with Newark. Mr. Davis stated that Dimension would like to have the
crews in Granville. Mr. Davis stated that he has spoke with Stew Dyke who is on the
franchise committee about coming to a decision more quickly.
Mr. Denny stated that the best time to complete the required construction is now
when the leaves are off the trees. Mr. Denny stated that there is some underground
construction tliat needs to be done later in March. Mr. Denny stated that Dimension
hoped to have the construction completed April 1. Mr. Denny stated that Dimension is
completing the construction in Newark now, and Dimension Cable could proceed along
tlie path is there is an indication that the franchise would be renewed.
NEW BUSINESS
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Acknowledgment Receipt of Villaae Manager's 1994 Municipal Budget
Manager Plunkett stated that the summary sheets are missing from the budget,
however council would have the summary sheets Friday.
Mayor Eisenberg stated that receipt of the 1994 Municipal Budget is
acknowledged.
Mayor Eisenberg set a public hearing for public input on the 1994 Municipal
Budget for November 17, 1993, at 7:30 p.m.
Ordinance No. 30-93, " An Ordinance To Authorize The Village Manager To
Enter Onto A Lease Agreement With Concerning The Leasing Of
The Municipal Building Located At 118 South Main Street For A Term Of
Years."
Councilmember Vance stated that he would like to remain silent during the
discussion of Ordinance No. 30-93.
Vice Mayor Marshall stated that Councilmember Garrett, Councilmember
Freytag and he were appointed as the sub committee to interview the three proposers
and clear up any questions or unclear items from the bidders. Mr. Marshall stated that
three separate extensive meetings were held. Mr. Marshall stated that after the final
meeting, the committee prepared a summary sheet with a series of items such as
finances and what is best for the village in terms of renovations, utility costs,
maintenance, insurance, taxes, etc.
Mr. Marshall stated that the how the bidder would improve the village's properly
was a factor along with the proposed business. Mr. Marshall stated that all three of the
proposed business were acceptable. Mr. Marshall stated that the committee did not
distinguish among the kind of businesses proposed. Mr. Marshall stated that the
committee's recommendation was to accept the Hart proposal.
Councilmember Freytag moved to accept the Hart proposal as proposed in the
committee discussions. Seconded by Councilmember Vance. Motion carried.
A public hearing was set on Ordinance No. 30-93 for November 17, 1993, at
7:30 p.m.
Ordinance No. 31-93, " An Ordinance Providing For Adjustments Of The Annual
Budget For The Fiscal Year 1993 And Revising Sums For Operating Expenses", was
introduced, and titled read by Councilmember Garrett.
A public hearing was set for November 17, 1993, at 7:30 p. m.
Sidewalks
Councilmember Vance recommended a larger sidewalk budget in 1994.
Manager Plunkett stated that the West Broadway sidewalk extension project is
scheduled for 1994, West College Street Improvements, State Route 661 and the next
year Summit Street. Manager Plunkett stated that a lot of the streets would be tore up
and the village would have a lot of impassable roads. Manager Plunkett stated that the
village has not spent a lot of its own money for these improvements. Manger Plunkett
stated he had doubled the money in the Road Improvement Reserve Fund so that the
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village will have the money to do streets the following year when the village can't get
funding. Manager Plunkett stated that in 1994, council had a full plate.
Councilmember Vance stated that there are different groups wanting to build
different pieces of pathways. Mr. Vance stated that the village is seeing things on a
piece meal plan. Mr. Vance stated that if you start building without proper planning and
standards you are not going to get a unified look. Mr. Vance stated that the village
currently has no standards for a bike path.
Councilmember Garrett stated that the village has standards for 5 foot sidewalks
and nothing is being built.
Councilmember Freytag stated that the council needed a deadline for resolving
all the issues so in the spring the village can begin building.
Councilmember Garrett stated that the shortest way to get to downtown from
east Granville is to go down Newark Granville Road.
Councilmember Vance stated that Council needed to decide if that was going to
be a five foot sidewalk of a bikeway. Mr. Vance stated that the village needed to design
the plans in order to get funding.
Councilmember Garrett stated that the Murphy's part will be five feet concrete
sidewalks unless Council asks them to build an asphalt palhway or something else.
Councilmember Vance stated that in his opinion the village needed to do the
planning first.
Councilmember Freytag stated that council needed to attack the problem. Mr.
Freytag stated that council needed to first discuss the basic issues and go on. Mr.
Freytag stated that Council can't go on trying to resolve five issues at once.
Manger Plunkett stated that the village zoning inspector has his planning degree
from Ohio State University. Mr. Plunkett stated that the zoning inspector's position is
proposed to be changed to Village Planner in the 1994 budget. Mr. Plunkett stated that
Doug Tailford could develop a plan for sidewalks that council could critique, that the village way wouldn't have to spend a large amount of money on the plans and things
could be done in house. Mr. Plunkett stated that he would first have to talk to Mr.
Tailford before he commented him to doing such a project. Mr. Plunkett stated that if
the zoning inspector does that task, the position would have to become village planner
because a zoning inspector would never be asked to do a job like that. Mr. Plunkett
stated that it is not necessary to spend $40,000 for a set of plans when the village has personnel capable in house.
Councilmember Freytag asked if the sidewalk plan could be ready in thirty days?
Manager Plunkett stated that he wanted to talk to Doug Tailford first and will get back to Council.
Councilmember Shulman slated that in his opinion Burg Street and Cedar Street
were much more of a concern for sidewalks than West Broadway and NewarkG- ranville Road. Mr. Shulman stated that there is no place to get away from traffic on those roads.
Councilmember Freytag stated that he had reviewed the letter from Jerry Brems concerning the Paul Kent filling in the flood plain. Mr. Freytag stated that the letter is not asking Mr. Kent to remove that fill, it just states that no permit has been issued. Mr.
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Freytag stated Kent that he would like to see a letter written to Mr..Brems requesting Mr. to remove the fill.
Mayor Eisenberg questioned if it was the Council's place to write the letter or the Township Trustees?
Councilmember Freytag stated that the point is no permit has been issued and a lot of filling has taken place.
Manager Plunkett stated that he would relay Council's comments to Jerry Brems. Council agreed to keep on top of the subject.
Manager Plunkett stated that the service department dumped two truck loads of fill at that site before he had got the word to them not to.
MEETING ANNOUNCEMENTS
Mayor Eisenberg stated that the next Council meeting is November 17, and the
Planning Commission meeting is November 15.
ADJOURNMENT
Councilmember Vance moved to adjourn the meeting at 9:40 p.m. Seconded by Vice Mayor Marshall. Motion carried.

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