Granville Community Calendar

Council Minutes May 3, 1995

VILLAGE OF GRANVILLE
COUNCIL MEETING MINUTES
MAY 3,1995
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
Vice Mayor Marshall
Mayor Eisenberg
Law Director Hurst
Manager Plunkett
Councilmember Freytag moved to excuse absentee Councilmember Garrett. Seconded by Vice
Mayor Marshall. Motion carried.
PUBLIC HEARINGS
A public hearing was held on Ordinance No. 9-95,A "n Ordinance To Amend Sections
1189.04 (J),1189.05 (C), And 1189.06 (M)OfThe Codified Ordinances Of Granville,Ohio
Establishing Sign Regulations."
No one appeared to speak for or against Ordinance No. 9-95. The public hearing closed at 7:38 P.m.
A public hearing was held on Ordinance No. 109- 5,A "n Ordinance To Amend Section 351. 16 C)1()C()OfThe Codified Ordinances OfThe Village OfGranville,Ohio."
No one appeared to speak for oragainst Ordinance No. 109-5. The public hearing closed at 7:38 p.m.
A public hearing was held on Ordinance No. 119- 5,A "n Ordinance To Vary The Road Widths Within Phase II And Phase III OfThe Glen At Erinwood Planned Unit Development."
No one appeared to speak for or against Ordinance No. 11-95. The public hearing closed at 7:39 p.m.
REVIEW AND APPROVAL OF MINUTES
The minutes ofthe regularly scheduled meeting ofApril 19,1995 were presented for review. MCoaursnhcailmll.ember Bennett moved to approve the minutes as submitted. Seconded by Vice Mayor Motion carried.
CITIZENS COMMENTS
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Village of Granville
Council Meeting Minutes
May 3, 1995
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Those signing the register were:
Dave Woerner
Omar Whisman
Mary Bline
JeffBrumley
Ed &Kay Vance
Anne Russell
Sally MacPhail
Cynthia Menzer
Frank & Kay Murphy
Granville Business and Professional Association's representative Dave Woemer stated that the
Association's board had met yesterday morning to discuss Ordinance No's. 6-95,7-95,and 8-95. He
stated that theboard had expressed several concerns with the ordinances and asked if Council could
defer action on the ordinances until their committee studied the issue.
Manager Plunkett stated that Village Planner Doug Tailford was at the meeting to explain the
ordinances and answer questions.
Village Planner Doug Tailford stated that Ordinance No. 6-95 would prohibit mixed uses. The
existing mixed uses would become non conforming uses. He stated that the ordinance is really saying
that mixed uses are non conforming uses and it would prohibit future,newly created mixed uses all
together. He stated that ifthe property meets all the criteria under the review,it would be able to
continue the use. He stated that the Board ofZoning and Building Appeals would have to review the
case if the property was sold and the new owner wanted to continue the conditional use.
Law Director Hurst stated that the proposed ordinances are a response to numerous comments
made to Council,questioning and referring the belief some mixed use of property is continuing almost
indefinitely without a cut off point. He stated that a provision is included to ensure that as mixed properties transfer,they use get a review by the Board ofZoning and Building Appeals.
Councilmember Shulman stated that the ordinances give neighbors a chance to comment on situations.
Councilmember Bennett stated that if the BZBA reviews the situation and determines that the
use can't be continued,the person could suffer a financial loss.
Vice Mayor Marshall stated that the person could appeal the BZBA decision to Council.
Ed Vance stated that when one purchases property,one is in limbo because ifyou want to buy property,you're at the mercy of someone else's decision.
Law Director Hurst stated that that is what a contract with contingencies is all about.
Mr.Vance stated that the process would take two or three months,which is a lengthy process, creating a hardship on the buyer and seller. He stated that Council needed to consider that situation. Mayor Eisenberg stated that it would be a rare occasion in which a use was not allowed to continue.
Mary Bline asked ifthe people on Cherry Valley Road south of State Route 16 would be able to sell their homes for residential use,since they had just been rezoned commercial?
Mayor Eisenberg stated that those residential properties are conditional uses. Doug Tailford stated that the homes could continue to use residential if they had BZBA approval.
Councilmember Montgomery asked Mr. Tailford to explain Ordinance No. 8-95. Mr.Tailford explained that Ordinance No. 8-95 would give the ability to designate property tuhseeptorotpheerPtylanning Commission and would give the property owner the ability to choose to designate to a certain category to make the process easier.
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Law Director Hurst stated that a series of questions had been raised as to what might happen
downstream when properties with conditional uses were sold. He stated that this would more clearly
give properties a subcatagory of " X". He stated that if there is going to be a change,it must be
approved.A property can have a conclusive listing or have a very specific designation.
Mr. Vance stated that ifthe property was zoned VBD,used as residential and the property was
sold,in order to continue as residential,the owner would have to get approval from Planning
Commission.
Law Director Hurst stated that Section 1159.06 sweeps residential properties within a
statement that is intended to cover properties that are currently being put to business uses. He stated
that this section does not address residential properties.
Doug Tailford stated that Ordinance No. 7-95 adds mixed uses as part of the criteria of
changes. He stated that it basically gives the village a procedure to follow when someone wants to
change the use of their property. He stated that the process is what is currently being followed,
howeverit just puts the procedure in the code. He stated that if the property owner changes the after approval from use, the Village,they must go through Newark Code Department to bring their property to code.
Mr.Woerner asked ifthe proposed changes would require the Licking County Building Code's regulations to be applied?
Mr.Tailford answered no. He stated that the building code would apply only if the property
owner came in for a change of use.
After a long discussion,Mayor Eisenberg stated that there was no reason why Council couldn't leave the ordinances tabled but there was no reason not to take action on the ordinances at the next Council meeting.
Omar Whisman asked Council if George Fackler had access to his property on Cherry Valley
Road and ifMr. Fackler had permission to dump on his F(ackler's)site. He stated that there were several cars and trucks parked on that property.
Doug Tailford stated that Mr. Fackler had been using that property as an off site parking lot for
a long time. He stated that Mr. Fackler uses that properly as an overflow for his landscaping business and for stockpiling landscape materials of various types. Mr. Tailford stated that now is a busy season and Mr. Fackler is storing mulch and gravel on that property. He stated that he could ask Mr. Fackler to clean up the area.
Mr.Whisman asked ifMr. Fackler has access to the property from the road.
control tLheaw Director Hurst stated that while the Village can't deny access to the property,they can access.
COMMITTEE REPORTS
Vice Mayor Marshall reported on the Planning Commission meeting ofMay 1, 1995. At that meeting,three applications were approved. The Commission continued their meeting by traveling to 1 tooththeer coothmemr cuonmitiemsutnoitlioeos.k at lighting.Mr.Marshall stated that he had not accompanied the commission
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Doug Tailford stated that the commission traveled to Dublin,Hilliard and Columbus to look at
lighting. He stated that it had not been a very good night because it was raining;however,the
commission was able to use a light meter to measure and get a general idea of light intensity. He stated
that the commission will review lighting codes to establish guidelines for Granville. He stated that the
commission has not yet made any decision and would review the matter further.
Councilmember Freytag reported on the Recreation Commission meeting. The commission had
elected officers,renewed their contract with the township,and learned that one of their members would
be retiring. The retirement will create a vacancy on the commission. The Commission requested that
Council table the proposal to install a road across the bikepath in order to study the matter further. The
Wildwood Clean Up project was successful,raising over $1,000.
OLD BUSINESS
Street Lights
Manager Plunkett stated that at the last Council meeting,it had been suggested that Council
discuss the type of light fixtures if any,and light standards needed for subdivisions. He stated that the
Village already had received one written request to install street lights in Erinwood. He stated that in
order to install street lights, Council needed to decide what light fixture they hope to use and the apportionment cost issue. He stated that Doug Tailford had prepared a memo addressing these among several street light issues. He stated that Mr. Tailford had suggested using the HolophaneG " ranville"
light fixture however,there are other fixtures and styles to choose among. But,he noted,the cost of fixtures goes up too.
Doug Tailford stated that Denison University is currently installing the G" ranvillef"ixture around campus.
Ed Vance stated that the Granville Business and Professional Association has not yet decided
on a fixture for their downtown street light project. He stated that he recommended that the Council and the GBPA consult and work together on the issue.
Vice Mayor Marshall suggested that the Planning Commission review the subject and make a recommendation to Council.
Councilmember Shulman stated that he would not like to see a fancier street light fixture in subdivisions than in the downtown.
Doug Tailford stated that he was trying to get a lighting standard for subdivisions then phase the project in in six years.
Manager Plunkett stated that he had met with the GBPA a month ago concerning the downtown street light project.
Vice Mayor Marshall stated that perhaps the GBPA sub committee could meet with the Planning Commission at the next Planning Commission meeting.
the numDbeorug Tailford stated that the estimated cost of 2$,000 per pole could go down,depending on ofpoles installed.
Mayor Eisenberg stated that Council needed to select a standard fixture for subdivisions and decide who is going to pay for street lighting. He stated that in his opinion,already established ssuubbddiivviissiioonnss.should be assessed for the cost,and developers should be responsible for new
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Councilmember Shulman stated that street lights were a benefit to the community as a whole.
He stated that the entire subdivisions should have street lighting.
Mr. Tailford stated that if the Village selected the Holophane fixture,the lights would be
owned by the Village,not Ohio Power,and operating cost would be lower.
Mayor Eisenberg stated that there is no way to tell what the mamtenance cost would be.
Mr.Tailford stated that the Holophane fixtures were of high quality and maintenance should be
low.
Mayor Eisenberg stated that he wasn't suggesting that Council decide tonight on the fixture but
should be able to establish a policy.
Vice Mayor Marshall stated that in his opinion,the improvement policy for streetlights
shouldn't be any different than the policy for water and sewer. Councilmember Freytag stated that he wanted more time to think about the issue. He stated
that perhaps certain subdivisions could be allowed to have nicer street lights if they chose to pay for the
additional lighting.
Mayor Eisenberg stated that the Planning Commission and the Granville Business and
Professional Association should discuss the issue and get back to Council. He stated that Council will
make a decision on the issue after they receive comments from the Planning Commission and the
GBPA.
Ordinance No. 6-95,A "n Ordinance To Amend Section 1157.02 OfThe Granville Codified
Ordinances.
Ordinance No. 6-95 remained tabled.
Ordinance No. 7-95,An Ordinance To Amend Chapter 1149 OfThe Granville Codified Ordinances.
Ordinance No. 7-95 remained tabled.
Ordinance No. 8-95,A "n Ordinance To Amend Chapter 1159 OfThe Granville Codified Ordinances.
Ordinance No. 8-95 remained tabled.
Ordinance No. 9-95,A "n Ordinance To Amend Sections 1189.04 J( )1,189.05 C( )A,nd 1189.06 M( )OfThe Codified Ordinances·OfGranville,Ohio Establishing Sign Regulationsw,"as reintroduced,title read,and moved for adoption by Vice Mayor Marshall. Seconded by Councilmember Bennett.
Roll call vote: Garrett absent,Freytag no,Bennett yes,Montgomery yes,Shulman no, Marshall yes,Eisenberg yes. One member absent,two no votes,and four yes votes. Ordinance No. 9- 95 was adopted.
Ordinance No. 109- 5,A "n Ordinance To Amend Section 351. 16 C( )1()C()OfThe Codified Ordinances OfThe Village OfGranville,Ohiow,"as reintroduced,title read,and moved for adoption by Vice Mayor Marshall. Seconded by Councilmember Montgomery. Roll call voter Garrett absent, Shulman yes,Montgomery yes,Bennett yes,Freytag yes,Marshall yes,Eisenberg yes. Six yes votes, one member absent. Ordinance No. 10-95 was duly adopted.
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Village of Granville
Council Meeting Minutes
May 3, 1995
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Ordinance No. 11-95A,n"Ordinance To Vary The Road Widths Within Phase II And Phase
III OfThe Glen At Erinwood Planned Unit Developmentw,"as reintroduced,title read,and moved for
adoption by Councilmember Bennett. Seconded by Vice Mayor Marshall.
Roll call vote: Freytag yes,Bennett yes,Montgomery yes,Shulman yes, Garrett absent,
Marshall yes,Eisenberg yes. Six yes votes,one member absent. Ordinance No. 11-95 was duly
adopted.
Councilmember Bennett stated that he had made several suggestions to be included in the deer
ordinance.He stated that he didn't know if anyone wanted to add additional restrictions or not.
Councilmember Shulman stated that perhaps property owners with deer problems could come
to Council for permission rather than the Safety Director or the Chief of Police.
Mayor Eisenberg stated that that would be time consuming and he thought that Council could
delegate that to the Safety Director.
Law Director Hurst stated that several concerns had arisen since this issue had coine up. He
stated that there is a difference between the governmental function of allowing a hunt to take place
consistent with compliance with ODNR statutes. He stated that the Village would be inserting itself in
passing further judgment on the experience levels of those seeking a permit. He stated that he had
concerns that ifthe Village were to insert itself into that judgment and an accident were to happen,the
liability exposure for the Village could rise.
Councilmember Freytag said he did not want to be jogging down the bikepath wondering if he
might get a arrow in his back, and he didn't want his children to be subject to possible injuries. He
stated that there are certain expectations that come with living in a Village. He stated that he saw no
reason to allow hunting in the entire village. He stated that notifying adjacent property owners would be
helpful,but it would do nothing for persons who happen to be jogging in the area on a given day. He stated that children and their safety should come first. Mr. Freytag stated that he was not saying that
hunting wasn't permissible,however tight restrictions would be needed.
Councilmember Montgomery asked if hunting could be restricted to certain parts of the Village?
Councilmember Bennett stated that the more restrictions added to the ordinance,the more the Village's liability will rise.
After a discussion, Council agreed that the ordinance could restrict the bow hunting to hours after dusk and before dawn,so that the likelihood ofpedestrians being outside is reduced.
Law Director Hurst was instructed to draft an ordinance addressing the situation.
NEW BUSINESS
Resolution No. 95-21,A "Resolution To Establish The Granville Assistant Manager'Vacation Leave For 1995w,"as introduced,read in full,and moved for s Shulman. Seconded by adoption by Councilmember adopted. Councilmember Montgomery.Motion carried. Resolution No. 952-1 was duly
Resolution No. 952- 2,A "Resolution OfNecessity To Construct And Install Sanitary Sewers And Appurtenances In South Main Streetw,"as introduced,read in full,and moved for adoption by
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Village of Granville
Council Meeting Minutes
May 3, 1995
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Councilmember Shulman. Seconded by Vice Mayor Marshall. Motion carried. Resolution No. 95-22
was duly adopted.
Resolution No. 95-23, " A Resolution To Authorize The Village Manager To Advertise For
Bids For The Impounding OfMotor Vehiclesw,"as introduced,read in full, and moved for adoption
by Councilmember Bennett. Seconded by Councilmember Shulman. Motion carried. Resolution No.
95-23 was duly adopted.
ADJOURNMENT
Councilmember Freytag moved to adjourn the meeting at 10:22 p.m..Seconded by Vice
Mayor Marshall. Motion carried.

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