Granville Community Calendar

Council Minutes January 7, 2009

VILLAGE OF GRANVILLE

COUNCIL MINUTES

January 7, 2009

 

CALL TO ORDER (by Mayor Hartfield at 7:31 pm)

 

PLEDGE OF ALLEGIANCE

 

ROLL CALL

            Those responding to the roll call were Councilmembers McGowan, Mershon, O’Keefe, Vice Mayor Herman, Mayor Hartfield, Manager Holycross, and Law Director Crites.

 

Vice Mayor Herman made a motion to excuse Councilmembers Barsky and Tegtmeyer.  Second by Councilmember O’Keefe.  Motion carried (5-0).

 

The minutes reflect that Councilmember Barsky arrived at 7:33pm and Councilmember Tegtmeyer arrived at 7:35pm.

 

APPROVAL OF AGENDA

Councilmember McGowan moved to approve the agenda as presented.  Second by Vice Mayor Herman.  Motion carried (5-0).    

 

CITIZENS COMMENTS (7:32 pm)

 

As no one appeared to speak, Mayor Hartfield closed Citizens Comments at 7:33pm.

 

PRESENTATION

 

            Presentation by Abram Kaplan, Denison University, regarding the Pathway Survey Results

 

            Mr. Kaplan advised Council that the results of this survey showed strong support for adding additional pathways to both the Village and Township.  There were three specific pathways that the community supported:  a pathway along New Burg Street from the high school to the intermediate school, a pathway along Burg Street, and a pathway/bridge from the bike path to Raccoon Creek Park.  A copy of Mr. Kaplan’s PowerPoint presentation will be included with these minutes.

 

Donald Hunter, 725 Burg Street, asked Council what was the next step.  Mr. Kaplan advised that an advisory committee could be formed to provide recommendations on the cost of pathway design, installation, pathway location and implementation. 

 

Planner Terry indicated that monies (up to $250,000) may be available through a grant from the Safe Route to Schools program for any pathways providing access to school sites.  Planner Terry also indicated that Randy Comisford and Ty Thomas of ODOT were willing to help with expanding area pathways.

Councilmember O’Keefe asked the percentage of Village resident respondents compared to Township residents.  Mr. Kaplan indicated that he did not know an exact percentage, but thought there were more Township resident respondents.  Mayor Hartfield thanked Mr. Kaplan for his work on the survey and the presentation. 

 

Manager Holycross asked Council if they were in favor of moving forward with the formation of an advisory committee.  Council indicated their support.  Vice Mayor Herman asked that the advisory committee be provided with a charter outlining the scope of work.  Councilmember Mershon suggested that staff move forward on the Burg Street pathway as an engineering report had already been completed.  Councilmember Tegtmeyer asked that the advisory committee be a diverse representation from all areas of the community.  Councilmember Tegtmeyer also asked that when a Burg Street pathway was presented, could two or three pathway options be provided.

 

OLD BUSINESS

 

Ordinance No. 15-08, An Ordinance to Amend Sections 1109.11, 1133.03, 1135.01, 1137.01, 1137.02, 1137.05, 1137.07, 1137.08, 1139.05, 1139.06, 1141.04, 1141.05, 1141.06, 1143.04, 1145.03, 1145.04, 1147.03,  1147.04, 1149.01, 1149.02, 1149.03, 1159.02, 1159.03, 1159.04, 1159.05, 1161.01, 1161.02, 1161.03, 1163.01, 1163.02, 1163.03, 1167.02, 1167.03, 1175.02, 1175.04, 1175.05, 1183.01, 1183.03, and 1189.03, and to Amend and Change the Section Number of Sections 1137.03, 1137.04, 1137.05, 1137.06, 1137.07 and 1137.08, and to Enact New Sections 1137.03, 1137.10, 1157.14, 1157.15 of the Codified Ordinances of the Village of Granville, Ohio

 

Councilmember Barsky moved to remove Ordinance No. 15-08 from the table.  Second by Councilmember McGowan.  Mayor Hartfield called for a roll call vote to approve Ordinance 17-08:  Barsky – yes; McGowan – yes; Mershon – yes; O’Keefe – yes; Tegtmeyer – yes; Herman – yes; Hartfield – yes.  Ordinance 15-08 was removed from the table 7-0.

 

Law Director Crites referred to a memo provided to Council members in June of 2008.  The issue of changing who has standing to speak at public hearings has been made clear by the Ohio courts.  The standing issue that Council was considering changing deals with quasi-judicial and adjudicative matters.  When the BZBA holds a hearing and the Planning Commission holds hearings regarding AROD and TCOD, they were acting in an administrative capacity and adjudicatory role.  These hearings are similar to those conducted by a court of law.  The property rights of individuals must be protected.  These types of proceedings are quasi-judicial and adjudicative, they are not public hearings.  Law Director Crites indicated that State of Ohio case law has ruled that these hearings are quasi-judicial and the public does not have a right to participate.  These meetings are not public meetings, but meetings that are open to the public.  Only those individuals who have standing may participate in the hearing.  Individuals who have standing will have a direct or present injury.  The Village’s code outlining standing has been taken into formulating this code.  Should decisions of these commissions be based on public opinion or testimony and not form individuals who have standing as defined by the Ohio Revised Code 2506.01, those decisions are subject to reversal.  Hearings must be conducted much like a court of law.  Planning Commission hearings that deal with legislative issues such as development plans are open public meetings. 

 

Vice Mayor Herman asked who may represent an affected party.  Law Director Crites indicated that only an attorney can represent as affected party. 

 

Councilmember Barsky asked how the State of Ohio has defined standing.  Law Director Crites defined standing as “people who claim a direct, present injury or prejudice to any personal or property right or interest that was prejudiced by the decision or order.”   He indicated that there was case law supporting this position starting with In re Rocky Point Plaza Corporation (1993) in the 10th District.  Law Director Crites added that safe guards were included in the Code that allows an individual to appeal should they be denied standing.

 

Law Director Crites indicated that currently the Code does not allow the Village to appeal a decision.  If it was Council’s intent was to allow the Village to appeal a decision, then the Village Manager would be appropriate individual to file an appeal.  Law Director Crites indicated that there was also a review process available to Council.  The Village Council could request a review under certain circumstances such as fraud, misrepresentation, or the decision was not supported by the preponderance of evidence.  A review process allows for greater latitude, Council must make certain findings.  The Village currently has a mechanism in place to allow for an appeal. 

 

The Law Director indicated that the BZBA and Planning Commission will decide who has standing based on information provided by the individual. The Commissions try to be as liberal in the construction of that determination as possible.  Vice Mayor Herman asked what evidence the Commissions review in order to make a finding.  Law Director Crites indicated that they ask the individual’s location, what injury was incurred, etc.  The injury has to be something specific, not just a general community injury.

 

Councilmember Mershon suggested that a procedure policy be provided to the public regarding standing.  Vice Mayor Herman suggested providing a copy of the Code language.  Planner Terry indicated that on each BZBA and Planning Commission notice and agenda, standing definition and who has standing was provided.

 

Councilmember O’Keefe moved to reinstate “the Village Manager may also appeal any such decision to Council” to section 1139.06 Appeal & Decisions and strike “two Village Council members may also initiate an appeal within the time limits specified above” and  reinstate in section 1141.06 “the Village Manager may also appeal any such decision to Council” and strike “the Village Council, by majority vote, may also initiate an appeal within the time limits specified above.”  Second by Councilmember Mershon.

 

No discussion.

 

Vote to approve amendment to Ordinance No. 15-08. Motion carried 7-0.  Amendment to Ordinance No. 15-08 was approved. 

 

Vice Mayor Herman moved to remove the strike throughs in section 1133.03(b) beginning with the second line “upon written request of the Village Manager, Law Director or Zoning Inspector” to be included in the language.  Second Councilmember Mershon.

 

No discussion.

 

Vote to approve amendment to Ordinance No. 15-08. Motion carried 7-0.  Amendment to Ordinance No. 15-08 was approved. 

 

Councilmember Mershon asked why the parking requirement was removed from section 1159.03(e)(3) regarding change of use.  Planner Terry indicated that the last part of the language was redundant.  This language may have been stricken during discussions at the Planning & Zoning Committee.  Councilmember Mershon moved to reinstate the language in section 1159.03(e)(3).  Second by Councilmember Barsky. 

 

Vote to approve amendment to Ordinance No. 15-08. Motion carried 7-0.  Amendment to Ordinance No. 15-08 was approved. 

 

Manager Holycross expressed concern regarding the language in section 1157.15(b) regarding vehicle parts.  The current language could permit auto parts and tires to be stored on a driveway.  He suggested removing the language of “or any parts thereof, including tires” from the section.  Councilmember Tegtmeyer moved to strike the language “or any parts thereof, including tires” in section 1157.15(b).  Second by Councilmember O’Keefe.

 

Councilmember Mershon suggested that the amendment would prevent parts and tires from being stored on a drive, but possibly not permitting storage elsewhere on a property.

 

Vote to approve amendment to Ordinance No. 15-08. Motion carried 7-0.  Amendment to Ordinance No. 15-08 was approved. 

 

Councilmember Barsky moved to add the following language to section 1157.15(f) “, including mechanical parts, tires, automotive parts, or other moving vehicle parts.”  Second Councilmember Tegtmeyer.

 

No discussion.

 

Vote to approve amendment to Ordinance No. 15-08. Motion carried 7-0.  Amendment to Ordinance No. 15-08 was approved. 

 

Councilmember Barsky questioned why bed and breakfasts were removed from the Village Residential District in section 1157.02(b)(1)(C) as bed and breakfast establishments currently exist in that area.  Councilmember O’Keefe indicated that parking was an issue.  Councilmember McGowan indicated that the existing B&Bs were grandfathered in, but that adding additional B&Bs could be a burden to the neighbors, where B&Bs in the Suburban Residential District would not be a burden.  Councilmember Mershon added that any new B&Bs could comply with the home occupation requirements to be approved. 

 

Planner Terry indicated that B&Bs can only use up to 25% of the dwelling unit as a B&B.  Manager Holycross indicated that there can be no employees, only family members.  These requirements are part of the Home Occupation portion of the code.

 

Councilmember Tegtmeyer moved re-include Bed and Breakfasts to section 1157.02(b)(1) as section (C) to Conditional Uses.  Second Vice Mayor Herman. 

 

Discussion:

Councilmember Mershon suggested that it be added to the Suburban Residential District also.  Councilmember Mershon indicated that the way a historic residential area was preserved was to not allow the incursion of commercial uses extensively.  Allowing B&Bs in a residential district would be bringing in more traffic and more deliveries.  He also questioned by why commercial use was being permitted without benefit of public hearings in a residential district.  The Village’s code regarding Home Occupations allows for this type of application if desired.  Mayor Hartfield indicated that B&Bs were not an incursion on the neighborhood.  Councilmember O’Keefe indicated that B&Bs were used sporadically, but could be used continually.  Councilmember Tegtmeyer stated that many historic districts rely on B&Bs to help maintain their historic nature.  Councilmember Barsky indicated that B&Bs were being listed as a conditional use.  Manager Holycross clarified that if it was not a permitted use, it could not be established by variance.  Planner Terry indicated that it would have to be approved as a conditional use.

 

Councilmember Mershon asked how B&Bs were included as part of the zoning code update.  Did someone request B&Bs be added?  Councilmember Barsky indicated that it was included as B&Bs currently exist in the district.

 

Councilmember Barsky recused herself from the vote. 

 

Vice Mayor Herman called for the question.  Second by Councilmember Tegtmeyer.  Mayor Hartfield called for a roll call vote for the question:  McGowan – yes; Mershon – yes; O’Keefe – yes; Tegtmeyer – yes; Herman – yes; Hartfield – yes.  The call for the question passed 6-0.

 

Mayor Hartfield called for a roll call vote to approve the amendment:  Mershon – no; O’Keefe – no; Tegtmeyer – yes; McGowan – no; Herman – yes; Hartfield – yes.  Ordinance No. 15-08 failed 3-3.

 

Councilmember Barsky returned to the meeting.

 

Mayor Hartfield called for a roll call vote to approve Ordinance 17-08 as amended:  O’Keefe – yes; Tegtmeyer – yes; Barsky – no; McGowan – yes; Mershon – yes; Herman – yes; Hartfield – yes.  Ordinance 17-08 passed 6-1 as amended.

 

NEW BUSINESS

 

Discussion about Accepting Wastewater from Creno’s Pizza

 

Manager Holycross indicated that the Ohio Environmental Protection Agency asked the Village to indicate whether it was willing to provide sanitary sewer service to Creno’s Pizza located on Columbus Road. The property, located in the Township, was adjacent to the sewer line that was constructed to serve Kendal at Granville.  The NPDES (National Pollutant Discharge Elimination System) discharge permit for the small treatment plant that serves Creno’s is scheduled to expire at the end of July 2009 and is under review by EPA.

 

Manager Holycross indicated that this request was consistent with EPA policy that wherever possible and practicable, the EPA eliminates package plants in favor of directing the wastewater treatment to larger, publicly-owned treatment works such as the Village’s system. EPA cannot force the Village to accept the wastewater from Creno’s, but would like to know whether the Village was willing to accept it. If the Village was willing, the EPA staff would recommend that the discharge permit for the small treatment plant not be renewed and that Creno’s be directed to connect to the Village collection system.  Whether the Village would require annexation, was not relevant to the EPA.

 

Councilmember McGowan asked, if the package permit were not renewed, would the property owner of the closed BP station be able to open their wastewater system.  Manager Holycross indicated that the BP station’s plant was not an EPA permitted plant, so it could not open.  If the property owner were to request a permit from the EPA, the EPA would first request that a connection be made to the Village system.

 

Mayor Hartfield asked what would happen if ownership of Creno’s changed.  Would a contract between the Village and Creno’s be applicable to a new owner?  Manager Holycross indicated that contracts can be written very restrictively requiring a new owner to negotiate with the Village.  Manager Holycross explained that specifics as to contracts and annexation requirements were not needed at this time.  Council need only address the issue of whether the Village was willing to allow Creno’s to tap into the Village wastewater system. 

 

Councilmember Tegtmeyer asked if there were any reasons why the Village would not be willing to offer sewer service to Creno’s.  The Village’s wastewater system has the capacity.  Councilmember Mershon agreed with Councilmember Tegtmeyer.  He suggested that the Village should require Creno’s to annex into the Village and specific contract language requiring annexation be used, not the language used for the Kendal project.

 

Council agreed to provide Village sewer to Creno’s.  Manager Holycross indicated that a resolution would be presented to Council at the next meeting to affirm the decision.

 

Resolution No. 09-01, A Resolution Authorizing the Village Manager to Advertise for Bids for 2009 Street Improvements was moved for adoption by Councilmember Barsky.  Second by Councilmember McGowan.

 

No discussion.

 

Vote to approve Resolution No. 09-01. Motion carried 7-0.  Resolution No. 09-01 was approved. 

 

REVIEW OF MINUTES

 

Regularly Scheduled Meeting of December 17, 2008

Councilmember McGowan made a motion to approve the minutes as amended.  Second by Councilmember Mershon.  Motion carried 7-0.

 

COMMITTEE REPORTS   

 

Economic, Finance, Personnel Committee (EFP) – (Hartfield, Herman, Tegtmeyer)  

Vice Mayor Herman indicated that the EFP Committee would be scheduling a meeting to complete the Village Manager’s annual review.  Councilmember Tegtmeyer indicated that she would send Councilmembers a survey to be completed and returned.

 

Granville Foundation – (Tegtmeyer)

Councilmember Tegtmeyer reported that the Foundation’s next meeting would be in February.  Councilmember Tegtmeyer indicated that applications were due and available on the website.

 

Light, Safety, Sts/Sidewalks, Utility Committee (LSSU) – (Herman, McGowan, O’Keefe)

No Report.

 

Planning Commission – (O’Keefe)

No Report.

 

Planning & Zoning Committee – (Barsky, Hartfield, O’Keefe)

No Report. 

 

Recreation Commission – (McGowan)

Councilmember McGowan indicated that the Village needed to appoint a Board member to the new Joint Recreation District.  He asked if the Village had requested applicants.  Manager Holycross indicated that the position had been advertised and applications were due by the end of that week.  Councilmember Mershon questioned if there was a 30-day appointment requirement date from the date the notice was posted.  Manager Holycross indicated that he would check for such a requirement.

 

Tree & Landscape Commission (Barsky)

Councilmember Barsky reported that the Committee would be meeting next week.  She also asked if there were specific requirements for selecting the next committee chair.  Law Director Crites indicated that he would research that issue. 

 

Union Cemetery (Mershon)

No report.

 

OTHER COUNCIL MATTERS

 

Mayor Hartfield advised Council that it was time to review and update Council’s goals and objectives for 2009.  Vice Mayor Herman suggested setting a meeting time at one of the next two Council meetings.

 

Vice Mayor Herman advised Council that the Lego Robotics Team from the Intermediate School would be researching a project on energy self-sufficiency.  The team decided to look into two specific areas:

  • Improving electrical service by burying power lines,
  • Photovoltaics for buildings.

Village staff was providing information regarding cost estimates for burying the power lines and providing information as to how other communities were dealing with these issues.  Council expressed interest in the students’ project and asked Vice Mayor Herman to present any of their findings.

 

Councilmember Tegtmeyer reported that the Community Capitalism program was scheduling a series of four meetings beginning January 13, 2009.  She will keep members abreast of any other developments or information.

 

ADJOURNMENT (9:55pm)

 

Councilmember McGowan moved to adjourn the meeting.  Second by Councilmember Barsky.  Motion carried 7-0.  Meeting adjourned.

                       

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