Granville Community Calendar

Council Minutes August 1, 2012

VILLAGE OF GRANVILLE

COUNCIL MINUTES

August 1, 2012

 

CALL TO ORDER (by Mayor Hartfield at 7:32pm) 

PLEDGE OF ALLEGIANCE 

ROLL CALL

Those responding to the roll call were Councilmembers Lerner, McGowan, Montgomery, Vice Mayor Barsky, Mayor Hartfield, Manager Stillwell and
Law Director Crites. 

Councilmember Lerner moved to excuse Councilmembers Johnson and O’Keefe.  Second by Vice Mayor Barsky.  Motion passed. 

APPROVAL OF AGENDA

Councilmember McGowan moved to approve the agenda as presented.  Seconded by Vice Mayor Barsky.  Motion carried.    

CITIZENS COMMENTS (7:33pm) 

Robin Feil, 575 West Broadway, requested that Council reconsider allowing residents to purchase auxiliary/deduct water meters.  She was upset that she was paying for sewer services that she did not use.  She felt those charges were unfair and unjustified.  

Mayor Hartfield explained that the Village considered this issue just last year and determined that at this time the Village would not be able to offer that service.  Council decided against permitting auxiliary/deduct meters for environmental reasons and cost issues relative to both the water and sewer funds. 

Councilmember McGowan indicated that he had been supportive of permitting additional meters and would be willing to reconsider the issue again.  Councilmember Montgomery also expressed his support for paying for only services used.  

Vice Mayor Barsky indicated that residents were charged for other governmental functions that not everyone utilized such as the school system.

Jerry Martin, 2276 Hankinson Road, thanked Council for permitting the Porsche to Ohio event as it brought a lot of people to town.  He indicated that daytime business was increased, but evening business was slower.  Mr. Martin was supportive of the event returning to Granville.  The event also exposed Granville to people who indicated an interest in returning to the Village at a later date. 

As no one else appeared to speak, Mayor Hartfield closed Citizen Comments at 7:47pm. 

PUBLIC HEARING

Ordinance No. 13-2012, An Ordinance to Amend Ordinance No. 15-2005 Authorizing the Village Manager to Execute a Lease Agreement with Brews and Blues Holding LLC for Unoccupied Air Space Above the Porch at 116 East Broadway 

Manager Stilwell indicated that the only amendments to both Ordinance Nos. 13-2012 and 14-2012 would be the removal of the current compensation portion of each lease.  All other aspects of the lease would remain the same.  

As no one else appeared to speak, Mayor Hartfield closed the public hearing for Ordinance No. 13-2012. 

Ordinance No. 14-2012, An Ordinance to Amend Ordinance No. 16-2005 Authorizing the Village Manager to Execute a Lease Agreement with Brews and Blues Holding LLC for a Stairway Located on Village Property at 116 East Broadway 

As no one appeared to speak, Mayor Hartfield closed the public hearing for Ordinance No. 14-2012. 

Ordinance No. 15-2012, An Ordinance to Amend Section 529.07 of the Codified Ordinances of Granville 

Manager Stilwell indicated that Village staff became aware of the fact that current Village ordinances prohibited alcohol use on public property, which included the Bryn Du Mansion property.  This ordinance would amend the Code to allow the Village Manager to authorize alcohol use on Village owned property.  Council was provided a copy of a policy outlining how the Village Manager would make those approvals and that approval for alcohol consumption would only be permitted on the Bryn Du property.  No other Village owned property would be authorized for alcohol consumption.  

As no one else appeared to speak, Mayor Hartfield closed the public hearing for Ordinance No. 15-2012. 

Ordinance No. 16-2012, An Ordinance to Authorize the Village Manager to Execute a Contract Providing for the Sale of Water to Owens Corning Sales, LLC 

Manager Stilwell indicated that this lease would reconfirm the previous contract with Owens Corning.  The rate would remain the same at 1.3 of the residential rate.  Owens Corning has approved this contract. 

As no one else appeared to speak, Mayor Hartfield closed the public hearing for Ordinance No. 16-2012. 

Ordinance No. 17-2012, An Ordinance to Amend Sections 1171.03 and 1189.13 of the Codified Ordinances of the Village of Granville, Ohio 

Planner Terry advised Council that this ordinance was part of an ongoing code modification process meant to streamline the zoning code and eliminate inconsistencies.  This ordinance was dealing with discrepancies in the Planned Unit Development (PUD) district. The proposed modifications included: 

1)   Section 1171.03, Development and Design Guidelines:  Under this section, modifications would be as follows: 

a)      To remove the required frontage to a public right-of-way. When Staff reviewed this number specifically, there were no lots within the existing PUD developments that had 350 feet of frontage, they all varied.  Approval would typically be determined by the Planning Commission during the review of the development plan. Directly under this section, the asterisk stated "Minimum lot area requirements shall be determined by the Planning Commission upon conditions of the proposed development of the land and the requirements, established herein for each development."  Item (1) of this section also stated "There must be sufficient lot area and width to meet all parking and yard requirements." 

b)      To remove the maximum height required in the Planned Commercial District (PCD).  The Planned Commercial District (PCD) was overlaid with the Suburban Business District (SBD) requirements. "See (b)(3) below" refers to the following:

         (b)    Additional Development Standards Relevant to PCD.

(3)    Building style and design shall be as set forth in the Building Style, Building Massing, Roof, Windows, Materials and Colors provisions of Section 1175.03 (a) of the Zoning Code (building requirements for the Suburban Business District).  In the SBD requirements, it stated "Office buildings shall be a minimum of 1.5 stories and a maximum of 2 stories.  All other buildings shall be a minimum of 2 stories in appearance and a maximum of 2.5 stories."  Most office buildings had a floor to height ratio of at least 12 feet x 2.5 stories = 30 feet.   Also, the SBD section stated that "Roofs shall have a minimum pitch of 8/12."  If you add that to the 30 foot height requirement, it would be in excess of the 25 foot maximum height requirement.  Staff felt it was more appropriate to remove a maximum height and allow the Planning Commission discretion for the total height based on the above factors, as currently determined in the SBD. 

c)      To add a required setback for parking areas and accessory buildings

1.   Parking Areas/Driveways:  Currently, there were no setback requirements for parking/driveway areas in this District.  The Suburban Residential Districts had a parking setback, while the PUD district tended to have larger lot sizes.  Staff felt it was appropriate to add the same setback requirements from the SRD Districts within the PUD District as well.

2.   Accessory buildings:  Currently, if an applicant had an accessory structure, it was required to be setback the same distance as the principal structure from the rear property line.  In this district, the setback required would be fifty (50') feet total.  In the Suburban Residential District, which again had smaller lot sizes typically, there was a lesser setback requirement for accessory structures than for principal structures. Staff felt it was appropriate to add the same setback requirements from the SRD Districts to the PUD District as well. 

d)      To modify the language regarding density.  The current language in the code was conflicting.  There were two references to density which contradicted each other.  In an effort to again streamline and clean up the Code, Staff proposed modifying this section.  Upon review by the Planning Commission, a recommendation was made that the Code should be broken down into two sections relative to maximum density - one related to single family residential and one related to two-family and multi-family.  

2)     Section 1189,13, General Permit Procedures:  Under this section, staff proposed a modification to make the language consistent with other code sections related to mailings. 

Manager Stilwell advised Council that Planner Terry contacted the affected residents in this area twice to keep them advised of the changes being recommended. 

As no one else appeared to speak, Mayor Hartfield closed the public hearing for Ordinance No. 17-2012. 

Ordinance No. 18-2012, An Ordinance Assuming Maintenance Responsibility for the Full Width of Weaver Road and Columbus Road upon Annexation of Certain Territory in the Township of Granville to the Village of Granville, Agreeing to Cooperate in the Maintenance of Said Roadways, and Indemnifying the Township of Granville and Licking County 

Manager Stilwell indicated that this ordinance was necessary in order to process a Type I annexation request.  It outlines the responsibilities regarding the maintenance of roadways with the exception of the Cherry Street Bridge, which would remain under the auspices of Licking County.  An agreement confirming this arrangement with Licking County was being developed and would be presented to Council. 

Jackson Hale, attorney from Smith & Hale, indicated to Council that this legislation was the last piece needed prior to filing for annexation.  He thanked Council for their assistance in moving this annexation process forward.  

As no one else appeared to speak, Mayor Hartfield closed the public hearing for Ordinance No. 18-2012 at 7:59pm. 

OLD BUSINESS 

Ordinance No. 13-2012, An Ordinance to Amend Ordinance No. 15-2005 Authorizing the Village Manager to Execute a Lease Agreement with Brews and Blues Holding LLC for Unoccupied Air Space Above the Porch at 116 East Broadway was introduced and moved for approval by Councilmember McGowan.  Second by Vice Mayor Barsky.

Discussion:

Councilmember McGowan highlighted that on page two, Section 6, of the original agreement, the balcony area was to be used as a dining area only and that no patrons would be permitted to use the area after 10:00pm.  Also in Section 11.2 on page five, the owners could lose this permit if they were found to be in violation of liquor control, trash, noise or other nuisance violations. 

Mayor Hartfield called for a roll call vote to approve Ordinance No. 13-2012:  Councilmembers Lerner – yes, McGowan – yes, Montgomery - yes, Vice Mayor Barsky - yes, and Mayor Hartfield - yes.  Motion carried 5-0.  Ordinance No. 13-2012 was approved. 

Ordinance No. 14-2012, An Ordinance to Amend Ordinance No. 16-2005 Authorizing the Village Manager to Execute a Lease Agreement with Brews and Blues Holding LLC for a Stairway Located on Village Property at 116 East Broadway was introduced and moved for approval by Councilmember McGowan.  Second by Vice Mayor Barsky.

No discussion. 

Mayor Hartfield called for a roll call vote to approve Ordinance No. 14-2012:  Councilmembers McGowan – yes, Montgomery - yes, Lerner – yes, Vice Mayor Barsky - yes, and Mayor Hartfield - yes.  Motion carried 5-0.  Ordinance No. 14-2012 was approved. 

Ordinance No. 15-2012, An Ordinance to Amend Section 529.07 of the Codified Ordinances of Granville was introduced and moved for approval by Vice Mayor Barsky.  Second by Councilmember McGowan. 

No discussion. 

Mayor Hartfield called for a roll call vote to approve Ordinance No. 15-2012:  Councilmembers Montgomery - yes, Lerner – yes, McGowan – yes, Vice Mayor Barsky - yes, and Mayor Hartfield - yes. Motion carried 5-0.  Ordinance No. 15-2012 was approved. 

Ordinance No. 16-2012, An Ordinance to Authorize the Village Manager to Execute a Contract Providing for the Sale of Water to Owens Corning Sales, LLC was introduced and moved for approval by Vice Mayor Barsky.  Second by Councilmember McGowan. 

No discussion. 

Mayor Hartfield called for a roll call vote to approve Ordinance No. 16-2012:  Councilmembers Lerner – yes, McGowan – yes, Montgomery - yes, Vice Mayor Barsky - yes, and Mayor Hartfield - yes.  Motion carried 5-0.  Ordinance No. 16-2012 was approved. 

Ordinance No. 17-2012, An Ordinance to Amend Sections 1171.03 and 1189.13 of the Codified Ordinances of the Village of Granville, Ohio was introduced and moved for approval by Councilmember McGowan.  Second by Vice Mayor Barsky. 

Discussion:

Councilmember Montgomery asked why the density was increased from one unit per acre to one and one half per acre.  Why was a greater density established?  Planner Terry indicated that the Planning Commission separated the density for a single family home from the requirements for mixed units.  The Planning Commission also determined that the units currently in the district resulted in one and one half units per acre, so that was their recommendation.  

Councilmember Montgomery asked if staff could identify the undeveloped properties in the PUD.  Planner Terry indicated the property north of the Newark-Granville Road/Cherry Valley Road intersection and the property in the southeast corner of that same intersection. 

Vice Mayor Barsky suggested that Council might need to revisit this density issue at a future time, but that Council should move forward with this legislation in order to correct the discrepancies.  

Councilmember Lerner also indicated that she would like to explore making adjustments to the density levels in the future.  She also indicated that she would like to include environmental benefits and issues regarding density levels.  

Councilmember McGowan moved to amend Ordinance No. 17-2012 to reduce the density level from one and one half units per acre to one unit per acre in Section 1171.03 (6)(a).  Second by Councilmember Montgomery. 

Mayor Hartfield called for a roll call vote to amend Ordinance No. 17-201 as motioned:  Councilmembers McGowan – yes, Montgomery - yes, Lerner – yes, Vice Mayor Barsky - yes, and Mayor Hartfield - yes. Motion carried 5-0.  Ordinance No. 17-2012 was amended. 

Mayor Hartfield called for a roll call vote to approve Ordinance No. 17-201 as amended:  Councilmembers Montgomery - yes, Lerner – yes, McGowan – yes, Vice Mayor Barsky - yes, and Mayor Hartfield - yes. Motion carried 5-0.  Ordinance No. 17-2012 was approved as amended. 

Ordinance No. 18-2012, An Ordinance Assuming Maintenance Responsibility for the Full Width of Weaver Road and Columbus Road upon Annexation of Certain Territory in the Township of Granville to the Village of Granville, Agreeing to Cooperate in the Maintenance of Said Roadways, and Indemnifying the Township of Granville and Licking County was introduced and moved for approval by Councilmember McGowan.  Second by Vice Mayor Barsky. 

No discussion. 

Mayor Hartfield called for a roll call vote to approve Ordinance No. 18-201:  Councilmembers Lerner – yes, McGowan – yes, Montgomery - yes, Vice Mayor Barsky - yes, and Mayor Hartfield - yes.  Motion carried 5-0.  Ordinance No. 18-2012 was approved.

NEW BUSINESS

Resolution No. 2012-37, A Resolution Affirming the Decision of the Council of the Village of Granville to Affirm the Granville Planning Commission Decision on Application #2012-32 for a Wooden Fence Submitted by Dan Rogers for Property Located at 121 South Prospect Street and Adopting Decision Findings and Conclusion of Fact was introduced and moved for approval by Vice Mayor Barsky.  Second by Councilmember McGowan 

No discussion. 

Mayor Hartfield called for a vote to approve Resolution No. 2012-37.  Motion passed.  Resolution No. 2012-37 was adopted.

Resolution No. 2012-38, A Resolution of Appreciation and Thanks to the Granville Village Staff for Their Dedication and Commitment to the Village of Granville and Its Residents was introduced and moved for approval by Vice Mayor Barsky.  Second by Councilmember McGowan 

No discussion.

Mayor Hartfield called for a vote to approve Resolution No. 2012-38.  Motion passed.  Resolution No. 2012-38 was adopted. 

Mayor Hartfield acknowledged receipt of an appeal of a Granville Board of Zoning and Building Appeals decision for application #2012-34 for 198 Welsh Hills Road and scheduled a hearing for August 15, 2012. 

REVIEW OF MINUTES

Regularly Scheduled Meeting of July 18, 2012

Councilmember McGowan made a motion to approve the July 18, 2012 minutes.  Second by Vice Mayor Barsky.   Motion carried. 

COMMITTEE REPORTS    

Granville Education Foundation (Lerner) 

Councilmember Lerner indicated that the next meeting would be August 2nd and new officers would be selected.

Granville Foundation – (Montgomery)

Councilmember Montgomery reported that the next meeting was scheduled for August 21st

Granville Recreation District – (McGowan)

Councilmember McGowan reported that the GRD would be placing a bond issue on the ballot to build an outdoor aquatic facility and an operating levy.  The District was in negotiations regarding a site for this facility.  The site information would be provided prior to the election. 

Planning Commission – (Johnson)

No report.

Tree & Landscape Commission (Lerner)

Councilmember Lerner reported that the Commission would meet on August 14th and hold an appeal hearing regarding a request from a homeowner to removal a street tree.

Union Cemetery (Barsky)

Vice Mayor Barsky reported that the joint meeting originally scheduled for this evening needed to be rescheduled as the Board was still seeking additional information regarding how the cemetery should be funded.  The Board would come to Council and the Township Trustees as soon as that information was compiled.  

OTHER COUNCIL MATTERS 

Mayor Hartfield asked about what progress was being made on the South Main Street project.  Manager Stilwell indicated that Planner Terry would be contacting Metropolitan Partners regarding stabilizing the soil.  He also indicated that Metropolitan Partners had not submitted site plans for the area as yet. 

Vice Mayor Barsky asked about how Council would like to proceed regarding the establishment of a smoking ban for employees and/or on Village owned property.  Councilmember McGowan asked if Council would be interested in prohibiting smoking on just Village owned property or throughout the Village.  Vice Mayor Barsky suggested prohibiting smoking at a set limit away from municipally owned facilities, perhaps using legislation similar to Licking County’s.  

ADJOURNMENT (8:32PM) 

Councilmember McGowan made a motion to adjourn.  Second by Vice Mayor Barsky.  Motion carried. 

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