Granville Community Calendar

Council Minutes May 17, 1995

VILLAGE OF GRANVILLE
COUNCIL MEETING MINUTES
MAY 17, 1995
CALL TO ORDER
Mayor Eisenberg convened the meeting at 7:35 p.m.
ROLL CALL
Those responding to the roll call were:
Councilmember Shulman
Councilmember Montgomery
Councilmember Bennett
Councilmember Freytag
Mayor Eisenberg
Law Director Hurst
Manager Plunkett
Councilmember Bennett moved to excuse absentee Councilmember Garrett and Vice
Mayor Marshall. Seconded by Councilmember Freytag. Motion carried.
REVIEW AND APPROVAL OF MINUTES
The minutes of the regularly scheduled Council Meeting of May 3, 1995, presented for review. Councilmember were Montgomery moved to approve the minutes as corrected. Seconded by Councilmember Bennett. Motion carried.
MAYOR'S REPORT
The Mayor's report for the month of April was presented for review. Mayor Eisenberg directed the clerk to file the report. A copy of that report is attached as part of these minutes.
MANAGER'S REPORT
The Manager's Report for the month of April was presented for review. Councilmember Bennett moved to approve the report. Seconded by Councilmember Shulman. Motion carried. A copy of that report is attached as part of these minutes.
CITIZENS COMMENTS
Those signing the register were:
Joe Magdich
Brian Lindamood
Omar Whisman
John Denune
Dave Woerner
Georgia Denune
Ed Vance
John Denune stated that he was opposed to the non conforming use ordinances that were on the agenda. He stated that he did not see anything wrong with living in a home that wnoasprzoobnleemd bwuitshintehsast.. He stated that there were many businesses with mixed uses and he saw
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Law Director Hurst stated that Ordinance No. 6-95 would prohibit the mixed use of
properties unless one were to receive an exemption from the prohibition. He stated that
Ordinance No. 6-95 was basically to prohibit a new mixed use.
Mayor Eisenberg stated if property with a non conforming use changes hands, the new
owner would have to go to either the Planning Commission or the Board of Zoning and
Building Appeals to get clearance to continue that use. He stated that in most cases, the use
will be allowed to continue but, there may be circumstances where it is not in the best interest
of the Village to continue a mixed use.
Mr. Denune stated that he would be opposed to any ordinance requiring approval of a
mixed use after sale of property because he didn't see any reason for it in the first place.
Law Director Hurst stated that Ordinance No. 7-95's primary feature is that upon
disposition of the non conforming or mixed use property, the non conforming use or mixed use
would discontinue automatically and it would not be able to continue without review and
approval. He stated that the ordinance has some procedures for a change in use. He stated
that Ordinance No. 8-95 is really not related to the issues presented in Ordinance No. 6-95 and
7-95. He stated that Ordinance No. 8-95 pertains to business properties downtown with one or
more permitted uses and the properties will, upon transfer, receive a designation as to which
use it falls into. If someone wants to depart from that use the issue must be reviewed. For
example, if a retail store wants to become a restaurant, the ordinance would require review
before being granted. He stated that a variety of uses are set forth but the method that should
be followed hasn't been established.
Mayor Eisenberg stated that Council is reviewing the issue to give the Village more control over mixed uses. He stated that if one looks at the language of the ordinances, they will
see that the uses likely to pose a serious detriment to the neighborhood or the community will
be denied. He stated that the purpose of the ordinances is to give control over non conforming uses.
Dave Woerner, GBPA liaison stated that he appreciated Council's patience on the
matter. He stated that in a conversation with Doug Tailford, Mr. Tailford stated that it had been recommended that Ordinance No. 6-95 and 7-95 be voted down in order to look further at
some of the language.
Law Director Hurst stated that he had met with Doug Tailford and they had decided that the legislation wouldn't accomplish what they had intended it to accomplish. Ordinance He stated that No. 7-95 accomplishes everything they had hoped for except for the area in the downtown and when they looked at the impact it would have on the downtown, they came to the conclusion that Council should kill the legislation and redraft an ordinance to accomplish what they had originally striven for. He stated that Ordinance No. 6-95 and 7-95 needed more work but they felt Ordinance No. 8-95 was ready for adoption.
COMMITTEE REPORTS
Councilmember Shulman reported on the Tree and Landscape Commission meeting of May 9, 1995. At that meeting, the commission reviewed the Arbor Day celebration at the elementary school. Mike Flood had supplied the tree for the celebration and the Mayor and Village Manager had been present, along with the Village Service Director who demonstrated the bucket truck's functions. A Village employee at the service department had found a balloon that had been part of an Arbor Day celebration in Indiana. Each student at the Berne, Indiana
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school had been given a tree to plant and a balloon to release and the student who received
something back from the farthest away found balloon was to receive $ 20. The Service Director
wrote to the Indiana student, explaining Granville's Arbor Day and Granville's recognition as a
Tree City USA. The commission·had voted to officially change the use of moneys from the
SBA Grant because the South Main Street project isn't going to be completed this year by
ODOT. The Commission decided to plant the 53 trees in other locations throughout the Village.
The commission also noted that Ohio Power will be in the Village trimming trees.
Councilmember Freytag reported on the Old Colony Burial Ground Union Cemetery
Board meeting of May 8, 1995. He stated that the preservationists from Massachusetts will be
in this summer to work on the cemetery, and the Board had scheduled working days for the
volunteers. A walking tour of the cemetery is scheduled for May 24, 1995.
Manager Plunkett stated that Council needed to meet with the Township Trustees May 24, on at 7:00 p.m.,to reappoint Flo Hoffman to the Board of Union Cemetery Trustees.
Councilmember Bennett stated that he had attended the May 15 Planning Commission
meeting in place of Councilmember Garrett. At that meeting, a sandwich board sign for the
Historical Society had been approved, and an architectural review for a fence on Granger
Street was also approved. Ed Vance had been present at the meeting and presented the
Commission with a list of his concerns for development in the Cherry Valley Road area. The
proposed Marathon /car wash on Cherry Valley Road too, was discussed. There had been
some minor points that the developer had seemed receptive amending. The Marathon
developers meet next with the BZBA. He stated that the plans for the Marathon looked
somewhat like the brick United Dairy Farmers seen in Gahanna. The proposed Bob Evans Farms restaurant had also been discussed. For the most part, the restaurant had seemed to be acceptable, except for several minor items such as color, lighting, and access at the south side of the property.
OLD BUSINESS
Ordinance No.6-95, A"n Ordinance To Amend Section 1157.02 Of The Granville Codified Ordinances.C"ouncilmember Bennett moved to remove Ordinance No.6-95 from the table. Seconded by Councilmember Freytag. Motion carried.
be defeMataeydo.r Eisenberg stated that Law Director Hurst had recommended that the ordinance
Roll call vote: Shulman no, Montgomery no, Bennett no, Freytag no, Garrett absent, 9M5arshall absent, Mayor Eisenberg no. Five no votes, two members absent. Ordinance No. 6- was defeated.
Ordinance No. 7-95, A"n Ordinance To Amend Chapter 1149 Of The Granville Codified Ordinances.C"ouncilmember Montgomery moved to remove Ordinance No. 7-95 from the table. Seconded by Councilmember Freytag. Motion carried. Law Director Hurst recommended that the Ordinance be defeated. Roll call vote: Freytag no, Bennett no, Montgomery no,Shulman no,Garrett absent, 9M5awrsahsaldl eafbesaetnetd,.Mayor Eisenberg no. Five no votes, two members absent.Ordinance No. 7- 1
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Ordinance No. 8-95, A"n Ordinance To Amend Chapter 1159 Of The Granville Codified
Ordinances." Councilmember Freytag moved to remove Ordinance No. 8-95 from the table.
Motion seconded by Councilmember Shulman. Motion carried.
Law Director Hurst stated that there is no inter relationship between Ordinance No. 8-
95 and Ordinance No. 6-95 and 7-95.
Councilmember Montgomery moved to adopt Ordinance No. 8-95. Seconded by
Councilmember Freytag.
Roll call vote: Shulman yes, Montgomery yes, Bennett yes, Freytag yes, Garrett
absent, Marshall absent, Mayor Eisenberg yes. Five yes votes, two members absent
Ordinance No. 8-95 was adopted.
NEW BUSINESS
Ordinance No. 12-95, " An Ordinance To Add Section 1176.04 (e)To The Codified
Ordinances Of The Village Of Granville To Provide For Planning Commission Review Of
Fences, Walls, Or Barriers Within The Transportation Corridor Overlay District T( CODw),a"s introduced, and its title read by Councilmember Shulman.
Mayor Eisenberg set the public hearing on Ordinance No. 129-5 for June 7, 1995, at 7:30 p.m.
Ordinance No. 139- 5, A"n Ordinance To Amend Section 505.11 Of The Codified
Ordinances Of The Village Of Granville,w"as introduced and its title read by Councilmember Bennett.
Law Director Hurst stated Ordinance No. 139-5 was his f"irst stab"at the deer hunting ordinance. He stated that he was directed to put something together and was a little concerned with setting a public hearing because Council may decide that the ordinance needs more changes.
Manager Plunkett stated that the matter had been put into ordinance form in order to engage conversation. He stated that there was no immediate need to set the ordinance for public hearing if it might be racially changed.
Councilmember Bennett stated that the ordinance includes a provision that the property owner meet with the Village Manager, then the manager will consult with the safety director, chief of police, Council and anyone else he sees necessary.Mr. Bennett asked if it is intended tshhaotutlhde manager discuss the issue with all of those persons or just the ones he thinks he consult?
Law Director Hurst stated that it is intended to mean that the manager shall consult with tahney of those people who, in his judgment, can help make a decision. He stated that the group manager picks to consult may vary from time to time.
Councilmember Montgomery expressed concern with the requirement that a notification be advertised thirty days prior to application of the permit, and then notify the adjacent property owners not later than 14 days before the hunting. She stated that the property owner would have to advertise a notice without knowing when there would be hunters on their property. Law Director Hurst stated that if the property owner first went through ODNR's procedures and then went through Granville's procedures, the general notification process being thirty days would allow pubic input throughout the process for people to be able to come
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into the municipality and to notify the world at large that there is a property owner pursuing
issuance of a deer hunting permit. He stated that the next notice as set forth in Section "f'
would provide a mechanism for property owners identifying the dates on which a hunt is
allowed. He stated that it mandates that prior to issuance of the permit, property owners get
their chance to have their input and warns the public that a permit is being pursued.
Councilmember Montgomery stated that the ordinance did not specify how long the
hunt could take place.
Mr. Hurst stated that Council could reach the determination of 30 days or 3 days or
whatever they wanted. He stated that the manager could, after consulting, decide what is an
adequate period to accomplish the animal control.
Councilmember Bennett stated that he did not have a problem with the way the
ordinance was written but one provision he felt was extreme was the proof of publication. He
stated that he understood the notification was to wam the pubic, but requiring the property
owner to pay for a legal ad that many people are not going to read would be an inappropriate
burden. He stated that the notification in section "e"would wam the pubic of the hunt.
Law Director Hurst stated that cost is not significant. He stated that he had met briefly
with the Chief of Police and asked him to react and give comments on the proposed
ordinance. He stated that the Chief hadn't considered the proof of publication as important a
safeguard as posting the property.
Manager Plunkett stated that the Chief and he would meet tomorrow to discuss the
issue further.
Councilmember Freytag stated that the proposed ordinance doesn't place a duty on the
hunter to keep arrows on the property and doesn't prohibit hunting along property lines. He
stated that the proposed ordinance doesn't limit the hunting to any certain area of the village
and doesn't restrict lot sizes (for the hunt). He also expressed concern about the power of
cross bows. He stated that he did not see any need for firing cross bows in the village. He
stated that there isn't a standard by which the Village Manager or council can decide the issue.
He stated that the manager is totally without guidance on the matter.
Law Director Hurst stated that this wasn't an attempt to control the hunter. He stated
that the landowner who participates in the hunt would be the responsible party.
Councilmember Montgomery stated that it may be helpful to limit the hunting to regular
deer bow season so that the general public would be aware that hunting would be taking place.
After a discussion, Council decided to collect additional comments and changes ordinance to the and discuss the issue again at the June 7 Council meeting.
Ordinance No. 149- 5, A"n Ordinance Providing For The Issuance Of 1$,100,000 Of Notes By The Village Of Granville, Ohio, In Anticipation Of The Issuance Of Bonds For The Purpose Of Paying Part Of The Cost Of Constructing Improvements To The Municipal Sanitary Sewer System, And Declaring An Emergency,w"as introduced by Councilmember Montgomery. Seconded by Councilmember Freytag.
Councilmember Montgomery then moved to adopt Section 12 of Ordinance No. 149-5, the emergency clause, and read that section in its entirety. Seconded by Councilmember Freytag 1
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Rollcall vote: Garrett absent, Shulman yes, Montgomery yes, Bennett yes, Freytag
yes, Marshall absent, Mayor Eisenberg yes. Five yes votes, two members absent, the
emergency clause was adopted.
Councilmember Montgomery then moved to adopt Ordinance No. 14-95. Seconded by
Councilmember Freytag.
Roll call vote: Freytag yes, Bennett yes, Montgomery yes, Shulman yes, Garrett
absent, Marshall absent, Mayor Eisenberg yes. Five yes votes, two members absent.
Ordinance No. 14-95 was adopted.
Ordinance No. 15-95, " An Ordinance To Amend Ordinance No. 44-94 Providing For
Adjustments Of The Annual Budget For The Fiscal Year 1995 And Revising Sums For
Operating Expenses," was introduced and its title read by Councilmember Bennett.
Mayor Eisenberg set the public hearing on Ordinance No. 15-95 for June 7, 1995, at
7:30 p.m.
Resolution No. 95-24, " A Resolution Authorizing The Village Manger To File An
Application And Enter Into An Agreement With The Ohio Department Of Natural Resources
For The Purpose Of Acquiring Funds Through The Division Of Forestry's Urban Forestry
Assistance Program," was introduced, read in full, and moved for adoption by Councilmember
Freytag. Seconded by Councilmember Shulman. Motion carried. Resolution No. 95-24 was
duly adopted.
Resolution No. 95-25, "A Resolution To Authorize The Village Manager To Execute An
Agreement And Other Relevant Documents With The Aetna Life and Annuity Company," introduced, read in full and moved was for adoption by Councilmember Bennett. Seconded by Councilmember Freytag.
i Manager Plunkett stated that the purpose of the Resolution was to offer a deferred compensation plan to employees who had indicated a desire to invest in such a plan. He
stated that the money is actually the property of the Village until the retiree draws the money. Because of the concern for the security of employees funds, Council agreed to have a representative from Aetna Life come to a future meeting to explain the plan.
Councilmember Bennett moved to table Resolution No. 952-5. Seconded by Councilmember Freytag. Motion carried. Resolution No. 95-25 was tabled.
Resolution No. 952- 6, A" Resolution To Authorize The Village Manager To Advertise For Bids For The East Granville Sewage Lift Station and Sanitary Sewer Extension Projects", was introduced, read in full, and moved for adoption by Councilmember Montgomery. Seconded by Councilmember Freytag. Motion carried. Resolution No. 95-26 was adopted.
Manager Plunkett stated that the Village had received correspondence from Law Director Hurst in regards to the annexationm/ erger hearing.
Law Director Hurst stated that the law firm of Vorys, Sater, Seymour P&ease has entered an appeal for the annexation petition at the common pleas and court of appeals levels. Yesterday they filed a motion to lift or stay the enforcement of the current injunction. He stated that Judge Frost's office had called him this afternoon, advising that the court has determined to take this matter up on May 23, and that his response to the motion is due by the
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close of business on May 22. He stated that he must put together arguments on that issue and
get them in final form to file on Monday when the judge will take up the matter. He stated that
this motion is not one he had even thought about. He stated that it is common knowledge that
this can happen, but it usually isn't this long after an appeal has been filed. He stated that in
his experience, it is unusual to be activating additional motions at the common pleas level
because so few types of motions retain jurisdiction to hear the matter. It is within the rules
however, that the motion can be made at any time. He stated that he hadn't anticipated having
to respond to this in such a short period of time since, he had just received the information.
MEETING ANNOUNCEMENTS
A special joint session with Village Council and the Township Trustees is Wednesday, scheduled for May 24, 1995, at 7:00 p.m..The purpose of the meeting is to appoint a member to the Board of Union Cemetery Trustees.
ADJOURNMENT
Councilmember Freytag moved to adjoum the meeting at 9:35 p.m. Seconded by Councilmember Bennett. Motion carried.

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