VILLAGE OF GRANVILLE
August 20, 2014
CALL TO ORDER (by Mayor Hartfield at 7:32pm)
PLEDGE OF ALLEGIANCE
Those responding to the roll call were Councilmembers Lerner, McGowan, Montgomery, O’Keefe, Vice Mayor Barsky, Mayor Hartfield, Manager Stilwell and Law Director King.
Councilmember McGowan moved to excuse Councilmember Johnson. Second by Vice Mayor Barsky. Motion passed.
The minutes reflect that Councilmember Johnson arrived at 7:38pm.
APPROVAL OF AGENDA
Councilmember McGowan moved to approve the agenda. Second by Vice Mayor Barsky. Motion passed.
CITIZENS COMMENTS (7:34pm)
Barbara Franks, 121 ½ South Prospect Street, expressed dissatisfaction with installation of a new sidewalk at 403 West Broadway. She questioned why it was there as it was in the middle of the street. It needed traffic cones to keep people from hitting the curb. It was in the way and needed to be removed. She requested that Council investigate why it was installed.
Councilmember McGowan commented that the curb area was still close to where it was previously.
Councilmember Montgomery indicated that it provided pedestrian access to the entrance of Sugar Loaf.
As no one appeared to speak, Mayor Hartfield closed Citizens Comments at 7:39pm.
Ordinance No. 06-2014, An Ordinance to Rescind Chapter 925 of the Codified Ordinances of the Village of Granville and Adopt a New Chapter 925 Pertaining to Water Regulations and Charges
Barbara Franks, 121 ½ South Prospect Street, asked Water Superintendent Fruth to investigate the use of black mica to cleanse the water supply.
Ordinance No. 07-2014, An Ordinance to Enact Chapter 719, Sections 719.01, 719.02, 719.03, 719.04, 719.05, 719.06, 719.07, 719.08, 719.09, 719.10, 719.11 and 719.012 of the Codified Ordinances of the Village of Granville, Ohio Pertaining to Food Truck Standards
Cara Gallagher, 147 West Shields Street, indicated that she was one of the owners of the new business Moe’s Bar-be-que and wanted to express her concerns about permitting food trucks in the Village. She was concerned about how a barbeque truck would impact her sales. It could devastate her business. She hoped that Council would take existing local business owners concerns into consideration.
Jay Snyder, 2061 Jones Road, is the owner of Steamroller Bagel and Sandwiches, a locally owned food truck. He indicated that his business was unique in its menu and in the fact that ten percent of his proceeds go to local charities. He appreciated Council’s consideration of this legislation and hoped that it would be supported. Food truck venders provide an alternative food option for Village residents and visitors. Food trucks were often incubators for future brick and mortar businesses. As annual permits would rum from March to March, Mr. Snyder suggested that Council consider extending the first permit from date of passage to March of 2016.
Councilmember O’Keefe asked how often Mr. Snyder’s food truck was parked somewhere and were there specific locations that he parked. Mr. Snyder responded that every Thursday he parked at The Beverage Source in Newark. He also worked with non-profits and had an upcoming event with the Granville Music Boosters. He parked his truck as often as possible. He had no specific locations in mind in Granville should the legislation be passed.
Barb Franks, 121 ½ South Prospect Street, commented that the health department and other government entities already regulate food trucks. She questioned what this legislation was. She indicated that she was open-minded and supportive of permitting food trucks in the Village. Mayor Hartfield commented that this legislation regulated the location as well as how food trucks were to be used.
Planner Terry summarized the legislation. The update to the Code would require food trucks to:
- Have a Village permit,
- Permit food trucks on private property only,
- Dictate the hours food trucks,
- Require the payment of income tax,
- Confirm that trucks are permitted by all required government entities,
- Limit one truck to properties under one acre with two trucks on properties greater than one acre,
- Each food truck will be responsible for removing all trash,
- No signage would be permitted other than signage that was part of the vehicle,
- Not within two hundred and fifty feet of an existing business, and
- Food trucks would only be permitted in the Village Institutional District, the Institutional District, the Commercial Service District, the Planned Community District, the Gateway District and the Suburban Business District.
Planner Terry added that the Village was not able to prohibit food trucks, but could regulate where they would be permitted.
Law Director King added that an effort was made to balance the interests of the brick and mortar business with the rights of mobile food truck venders. This issue was being addressed as an application was filed by a local food truck vender. When staff researched Village Code to determine permitted uses, it was discovered that the Code did not address any standards. This legislation was being proposed to set the necessary standards.
Barbara Franks, 121 ½ South Prospect Street, requested a map showing the various districts. She also suggested that the hours be extended past the current 10:00pm to provide food service for Denison students.
Steve Stone, 106 Amberly Drive, questioned why the ordinance required food trucks to be within twenty-five feet of a fire hydrant. He indicated that Columbus permitted trucks to be as close as one hundred or one hundred fifty feet to a brick and mortar business. He also requested a map of areas where food trucks would be permitted.
Law Director King indicated that food trucks would not be permitted to park closer than twenty-five feet to a fire hydrant.
Councilmember Lerner asked the length of time a food truck would be permitted to stay in any one location. Planner Terry indicated that the same food truck could return to any location as daily between the hours of 7:00am and 10:00pm.
Dan Rogers, 210 East Maple Street, asked if there were restrictions on the size of a food truck. Planner Terry responded that as long as the truck was licensed and motorized; there was no limit on the size.
Mary Kirwin, 2068 Dutch Lane, asked if the legislation permitted concession trailers. Planner Terry indicated that the current proposed legislation did not permit concession trailers. Law Director King indicated that the ordinance could be amended. Staff would need to check the Ohio Revised Code regarding health department regulations.
Councilmember Johnson asked if this ordinance would permit sales of food items like food carts or events that bring in food venders. Manager Stilwell indicated that food carts were not permitted in the Village on sidewalk areas. Events organized by non-profit, tax exempt groups such as the Chamber, Kiwanis, Rotary, etc. received permits from the Village to occupy Village property for their events. Those groups were then responsible and permitted to bring in venders for those specific events.
Mayor Hartfield advised that as there were possible changes needed to the Ordinance and concerns expressed by intendees, the public hearing for Ordinance No. 07-2014 and Ordinance No. 08-2014 would be held open until the September 3, 2014 Council meeting.
Ordinance No. 08-2014, An Ordinance to Amend Sections 1159.02, 1167.02, 1169.02, 1171.02, 1173.02, and 1175.02 of the Codified Ordinances of the Village of Granville, Ohio Pertaining to Food Truck Standards
Ordinance No. 09-2014, An Ordinance to Amend Chapter 1176, Sections 1176.04 and 1176.05 of the Codified Ordinances of the Village of Granville, Ohio Pertaining to the Transportation Corridor Overlay District Standards
Ordinance No. 10-2014, An Ordinance to Amend Ordinance No. 22-2013 Providing for Adjustment of the Annual Budget for the Fiscal Year 2014 and Revising Sums for Operating
Barbara Franks, 121 ½ South Prospect Street, asked how what project required this funding. Planner Terry indicated that ODOT would be repaving the SR 37 and 16 overpass and wanted to include the milling and paving of South Cherry Street as part of that project.
Ordinance No. 11-2014, An Ordinance Authorizing the Village Manager to Grant a General Permit to Lee Beall to License the Use of the Village Right-of-Way at 212 East Elm Street
Barbara Franks, 121 ½ South Prospect Street, asked for an explanation of this legislation. Planner Terry explained that the resident had a fence that encroached onto Village right-of-way. This legislation officially permitted the resident to replace his fence.
Ordinance No. 06-2014, An Ordinance to Rescind Chapter 925 of the Codified Ordinances of the Village of Granville and Adopt a New Chapter 925 Pertaining to Water Regulations and Charges was moved for approval by Councilmember McGowan. Second by Vice Mayor Barsky.
Mayor Hartfield called for a roll call vote to approve Ordinance No. 06-2014: Johnson (yes); Lerner (yes); McGowan (yes); Montgomery (yes); Vice Mayor Barsky (yes); Mayor Hartfield (yes). Motion passed 7-0. Ordinance No. 06-2014 was approved.
Ordinance No. 09-2014, An Ordinance to Amend Chapter 1176, Sections 1176.04 and 1176.05 of the Codified Ordinances of the Village of Granville, Ohio Pertaining to the Transportation Corridor Overlay District Standards was moved for approval Councilmember McGowan. Second by Vice Mayor Barsky.
Mayor Hartfield called for a roll call vote to approve Ordinance No. 09-2014: Lerner (yes); McGowan (yes); Montgomery (yes); Johnson (yes); Vice Mayor Barsky (yes); Mayor Hartfield (yes). Motion passed 7-0. Ordinance No. 09-2014 was approved.
Ordinance No. 10-2014, An Ordinance to Amend Ordinance No. 22-2013 Providing for Adjustment of the Annual Budget for the Fiscal Year 2014 and Revising Sums for Operating Expenses was moved for approval by Vice Mayor Barsky. Second by Councilmember O'Keefe.
Councilmember Montgomery asked if the amount invoiced to the Village for this project was a firm cost. Planner Terry indicated that the amount was not firm. The funds for the project were collected first and then the bids were taken. However, the State’s engineers were generally accurate in providing estimates for each project. The Village could be billed an additional amount if the bids were over the estimated or refunded monies should the bid come in lower. The Village could only be charged an additional seven percent (7%). Anything above seven percent would require Village authorization.
Mayor Hartfield called for a roll call vote to approve Ordinance No. 10-2014: McGowan (yes); Montgomery (yes); Johnson (yes); Lerner (yes); Vice Mayor Barsky (yes); Mayor Hartfield (yes). Motion passed 7-0. Ordinance No. 10-2014 was approved.
Ordinance No. 11-2014, An Ordinance Authorizing the Village Manager to Grant a General Permit to Lee Beall to License the Use of the Village Right-of-Way at 212 East Elm Street was moved for approval by Vice Mayor Barsky. Second by Councilmember McGowan.
Mayor Hartfield called for a roll call vote to approve Ordinance No. 11-2014: Montgomery (yes); Johnson (yes); Lerner (yes); McGowan (yes); Vice Mayor Barsky (yes); Mayor Hartfield (yes). Motion passed 7-0. Ordinance No. 11-2014 was approved.
Councilmember McGowan left the meeting at 8:25pm.
Resolution No. 2014-29, A Resolution to Award the Contract for the Broadway Sewer Line Rehabilitation to Insight Pipe Contracting, LP, as Per Specifications, and Authorize the Village Manager to Enter into an Agreement Therefor was introduced and moved for approval by Councilmember O’Keefe. Second by Vice Mayor Barsky.
Mayor Hartfield asked about the varying costs of the laterals. Village Engineer Coghlan indicated that many times contractors allocate less for the costs of items at the end of a project. The costs were often front loaded. The costs for equipment were generally allocated more funding.
Mayor Hartfield called for a vote to approve Resolution No. 2014-29. Motion carried. Resolution No. 2014-29 was adopted.
Ordinance No. 12-2014, An Ordinance to Amend Sections 513.02, 513.03, 513.04, 513.05, 513.06, 513.07, 513.08 and 513.12 of the Codified Ordinances of Granville, Ohio Pertaining to Medical Marihuana was introduced and a hearing recommended for September 3, 2014 by Vice Mayor Barsky. Second by Councilmember O’Keefe.
Law Director King clarified that this amendment would change two parts of the Code. These changes were not substantive changes. The affirmative defense for the possession of marijuana was being removed as the Ohio Revised Code would currently supersede Village Code. Additionally, state code changed the driver’s license suspension for certain drug crimes to a mandatory suspension of six months to five years. Village code still had the suspension as discretionary, so the word “may” should be changed to “shall” in order to be consistent with the Ohio Revised Code.
Mayor Hartfield scheduled a public hearing for Ordinance No. 12-2014 for September 3, 2014.
Ordinance No. 13-2014, An Ordinance Authorizing the Village Manager to Grant a General Permit to Joseph A. Rosato to License the Use of the Village Right-of-Way at 217 East College Street was introduced and a hearing recommended for September 17, 2014 by Vice Mayor Barsky. Second by Councilmember O’Keefe.
Clerk Prasher advised Council that the homeowner would be unable to attend the September 3, 2014 Council meeting and requested that the hearing be scheduled for September 17, 2014.
Mayor Hartfield scheduled a public hearing for Ordinance No. 13-2014 for September 17, 2014.
REVIEW OF MINUTES
Regularly Scheduled Special Meeting of July 30, 2014
Vice Mayor Barsky moved to approve the July 30, 2014 minutes as amended. Second by Councilmember Johnson. Motion carried.
Regularly Scheduled Meeting of August 6, 2014
Vice Mayor Barsky moved to approve the August 6, 2014 minutes. Second by Councilmember Johnson. Motion carried.
MAYOR’S COURT REPORT – July
The Mayor’s Court Report for the month of July was presented for review.
Vice Mayor Barsky moved to accept the July Mayor’s Court Report. Second by Councilmember Johnson. Motion carried.
Mayor Hartfield instructed the report be filed with the Clerk. A copy of the report will be included as part of these minutes.
MANAGER'S REPORT – July
The Manager's Report for the month of July was presented for review.
Councilmember O’Keefe moved to accept the July Manager’s Report. Second by Vice Mayor Barsky. Motion carried.
Mayor Hartfield instructed the report be filed with the Clerk. A copy of the report will be included as part of these minutes.
Granville Foundation – (Montgomery)
Councilmember Montgomery reported that the Foundation held its annual planning meeting on August 16, 2014, reviewing Foundation operational processes.
Granville Recreation District – (McGowan)
Planning Commission – (O’Keefe)
Councilmember Johnson reported that the Planning Commission approved the permit for 217 East College Street.
Open Space Committee (O’Keefe)
Tree & Landscape Commission – (Lerner)
Councilmember Lerner reported that the Commission was seeking bids for renovating the northeast corner of Opera House Park. The renovations would be mostly replanting and mulching. Councilmember Lerner asked when staff would be visiting with residents on North Pearl Street regarding the replacement of AEP electric poles. Manager Stilwell indicated that staff was still working with AEP to determine when that next visit will take place.
Union Cemetery – (Barsky)
Vice Mayor Barsky reported that the Board would be working with a Boy Scout who would be improving the signage for the cemetery walking tours as his Eagle Scout project.
OTHER COUNCIL MATTERS
Councilmember O’Keefe asked about the issues regarding the request from four residents on Brennan Drive that the Village takeover the legal obligation for their private driveway. Manager Stilwell indicated that the original developer did not extend the roadway to these four homes and left it as a private drive, especially as two of the property owners had access onto Jones Road. The property owners were aware that the drive was private at the point of purchase. Manager Stilwell indicated that he could not recommend that Council except the private drive as it was not built to public standards. This acquisition would not be a good use of public funds as it would only benefit four residents. Councilmember Johnson indicated that one of those residents indicated that they might be willing to provide a sidewalk access from Wexford Drive, through their property; to Jones Road should the Village accept their private drive. Councilmember Johnson asked if there was value in that proposal. Manager Stilwell responded in the negative.
Councilmember Montgomery commented on the request to move Beggar’s Night from Thursday, October 30th to another night due to a conflict with the televised Granville High School football game. He expressed concerns about the safety of children with a number of teenage drivers being in town. He suggested moving Beggar’s Night to Wednesday, October 29th. Councilmember Lerner suggested that it be moved to Halloween night, Friday, October 31st. Council agreed to move Beggar’s Night to Friday, October 31st from 5:30 to 7:00pm.
OTHER STAFF MATTER
Manager Stilwell advised Council that the Village receive nineteen applications for the police chief position. Applicants ranged from sergeants to sitting police chiefs. Interviews would take place on August 27th and August 28th from 9:00am until 12:00pm. The final candidates would then attend an assessment center on September 6th.
Manager Stilwell commented that due to recent national news events, the discussion of the militarization of police departments was being discussed. He advised Council that the only items owned by the Village were bulletproof vests for each officer. He would also provide this information to Denison University.
Village and Township officials would recognize the accomplishments of Denison University in a ceremony on Tuesday, August 26th beginning at 4:00pm on Denison’s campus.
Manager Stilwell advised Council that many projects were underway in the Village including:
- The milling and paving of Newark-Granville Road and East and West Broadway
- Rebuilding the East Broadway sewer
- Replacing the generator at the Village water plant
- Crews working on service lines at River Road and South Main Street
- The Village parking lot would be replaced
- Repairs were scheduled to be made on the sidewalk bricks in the downtown area
- Park National Bank was milling and paving their parking lot
- Village Hall would be replacing its existing landscape with a new design plan
Councilmember Johnson made a motion to adjourn. Second by Vice Mayor Barsky. Motion carried.