asked Director Kuss his position on the proposed chicken legislation.
He stated that the Building Department would receive all the calls
and complaints if the chicken legislation was to be adopted. He does
not feel the keeping of chickens belongs within the City.
Bowman stated that the State Development Grant is competitive and
that there will probably be only 4-5 projects funded Statewide. The
City should know early June if awarded the grant.
City of Grandview Heights
Monday, April 6, 2009
President Reynolds called to order the City of Grandview Heights Council meeting of Monday, April 6, 2009 at 7:00 p.m. The Pledge of Allegiance was recited.
Present: Council Members –S. Gladman, E. Hastie, S. Jagers, P. Koelker, A. Panzera, S. Von Jasinski, President S. Reynolds, Mayor DeGraw, Director of Administration/Economic Development Bowman, City Attorney Khouzam, and Director of Finance Dvoraczky.
Approval of Proceedings
Gladman moved and Von Jasinski seconded to approve the minutes as submitted. Vote: All ayes. THE MINUTES OF THE MARCH 2, 2009 REGULAR AND MARCH 16, 2009 SPECIAL COUNCIL MEETINGS WERE APPROVED AS SUBMITTED.
March 2, 2009 Regular Meeting
March 16, 2009 Special Meeting
The housekeeping items will make the zoning code consistent with the Charter revisions approved by the voters last November. Other changes include a provision to make hotels a conditional use of the C-2 District, a fitness center made a conditional use of the C-2 District, and differentiates general office uses from professional office uses and permits both in the C-2 and M-1 Districts.
President Reynolds called to order the Public Hearing at 7:06 p.m To afford the public notice and the opportunity to participate as Council considers the enactment of an Ordinance amending Section 1133.02 (Definitions), and Sections 1157.01 (C-1, Limited Commercial District), 1157.02 (C-2 Community Commercial District) and 1157.04 (M-1 Light Industrial District) of the Planning and Zoning Code to amend permitted and conditional uses.…Director Bowman explained that the proposed changes incorporate some housekeeping items as well as changes that may have some strategic value in attracting economic development desired prospects.
There being no comments or questions from the public the Public Hearing was closed at 7:09 p.m.
Department Head Status Reports:
Economic Development – Koelker reported that at the March 26, 2009 meeting Mayor DeGraw presented information on the Yard’s Development Agreement in its current form. The next meeting has been scheduled for April 16, 2009 at 4:00 p.m.
Discussion followed on getting the word out to the residents to not place their trashcans or recyclables in the streets.
Mayor DeGraw stated that Director Kuss has been certified as a Chief Building Official and now has the ability to perform commercial inspections. Ron Ayres, the Code Enforcement Officer, is now certified as a residential building inspector.
…Koelker asked Director Kuss his position on the proposed chicken legislation. He stated that the Building Department would receive all the calls and complaints if the chicken legislation was to be adopted. He does not feel the keeping of chickens belongs within the City. In respect to the chicken coop, if it is less than 200 square feet, it doesn’t even come under the building code.
Mayor’s Report – Mayor DeGraw reported the following:
the County Commissions recommended the City go to the State for up to $750,000 for a development grant;
April 24, 2009 is Arbor Day with a tree planting ceremony at Edison Middle School;
May 1, 2009 is the annual alley clean-up;
April 11, 2009 at 10:00 a.m. is the annual Easter Egg Hunt; and
April 26, 2009 there will be a recognition dinner at Schmidts for Fire Captain Steve Shaner who will be awarded the Franklin County Firefighter of the Year.
Director of Administration/Economic Development Report – Director Bowman stated that the State Development Grant is competitive and that there will probably be only 4-5 projects funded Statewide. The City should know early June if awarded the grant.
1. Res. 2009-04: A Resolution to amend Rules of Council by repealing Resolution 98-02 and adopting newly revised rules.
…Jagers, Chair of the Planning and Administration Committee, reported the vast majority of the proposed changes in Council Rules are a result of the Charter amendment changes approved by the electors last November. She noted that other amendments were made to the rules included grammatical corrections, re-order of some of the issues and the update of some sections to reflect changes in technology.
Jagers commented that the Committee reviewed the proposed legislation and recommended one additional change to the proposed rules before Council considers passage.
…Panzera stated that the procedure for appointment of President, in the present text, indicates that Council shall elect a new President if the current President leaves, resigns, or no longer in the seat. Hypothetically, yet somewhat valid, what if it’s the day before a regular Council meeting? He believes that would be enough reason to allow the Vice-President to preside over that specific meeting, yet the rules specifically state otherwise. Panzera has confidence that the current Council could work through it with ease, but what happens in some of these situations is that the logic, reason, or purpose of the intended text is lost in years down the way. He asked if this absolutely, positively has to occur due to Council rules or can Council make a decision at that time to delay the appointment of President until the next meeting? The Charter change binds it.
…City Attorney Khouzam stated that discussion had been held on one possible change in Section 4A that would address the election of the President of Council. With respect to the Vice-President of Council she is not sure that she is clear on Panzera’s concern. It is pretty clear in the rules that the Vice-President will serve until any President is selected. So if it’s the day before a meeting that there is a resignation, until that next meeting at which time a President is selected the Vice-President would serve in the interim capacity.
…Koelker commented that it’s just the difference in wording
President: “In the event of a resignation or removal leading to a vacancy in the office of Council President, then at the next meeting, the remaining members of Council shall select a new president...”
Vice-President: “In the event that the Office of the Vice President becomes vacant, a new Vice President shall be elected as soon as possible.”
…Panzera would like something in the minutes to reflect that Council is conscience of this.
…Jagers commented that the purpose of that change in the Charter Review process was more to defining the succession of President and clarifying that process because it has been unclear in the past.
…Jagers moved to amend the proposed Appendix A to read as follows:
Page 2, B1. Regular Meetings. Counsel Council shall meet…
Page 4-5, Rule 4A.
A. President of Council. Pursuant to Section 3.3 of the Charter, at the first regular meeting in January following a regular municipal election, or at the next regular meeting upon a vacancy of the presidency, Council, including its newly elected members, shall elect one of its members President, who shall preside at meetings of Council and perform such duties as required by these Rules. In the event of a resignation or removal leading to a vacancy in the office of Council President, then at the next regular meeting, the remaining members of Council shall select a new president by a majority of the remaining members (4/6).
Gladman seconded the motion. Vote on amendment: All ayes. PROPOSED LEGISLATION APPENDIX A AMENDED AS NOTED.
…Gladman moved for approval. Von Jasinski seconded. Vote on approval: All ayes. LEGISLATION PASSED AS AMENDED – RESOLUTION 2009-04.
2. Ord. 2009-06: An Ordinance to amend sections of Grandview Heights' Ordinances pertaining to Planning and Zoning, so as to incorporate changes in the City Charter and to update the applicable Codified Ordinances, and declaring it an emergency.
…The Planning Commission recommended the approval of the proposed legislation with one change: that Private Club remained a conditional use in the C-2 zoning district.
…Koelker moved to amend the proposed legislation on page 6 as follows:
(12) Private Club
(13) Fitness Center
Von Jasinski seconded. Vote on amendment: All ayes. PROPOSED LEGISLATION AMENDED AS NOTED ABOVE.
…Von Jasinski moved for approval as amended. Koelker seconded. Vote on approval:
All ayes. LEGISLATION PASSED AS AMENDED – ORDINANCE 2009-06.
3. Ord. 2009-07: An Ordinance to authorize transfers and make appropriations to various departments within the City of Grandview Heights municipal government to purchase equipment and make capital improvements in 2009, and declaring it an emergency.
…Director Bowman stated that the proposed legislation had been revised to include costs for an engineering study to bring the City into compliance with the Director’sFindings and Orders Statement from the Ohio Environment Protection Agency (Ord. 2008-38) plus an additional $25,000 for other sewer related items. This $100,000 increase is listed under Fund 351 – Sewer Improvement Fund.
…Director Dvoraczky commented that Fund 351 has sufficient funds within it to be appropriated for those purposes. The capital budget requests are the number one priorities that were presented by the Department Heads. The requests are either for safety reasons or to replace items that have gone beyond their service life.
…Von Jasinski inquired if there was a written guideline policy as to when something is not repairable, i.e. the value of the repair or maintenance repair expenditure to the actual value of that piece of equipment. Director Bowman stated that it is discussed constantly.
…Panzera reported the Finance Committee reviewed the proposed expendituresand recommended approval by Council.
...President Reynolds commented that he is comfortable personally that these are items that are needed and have been thoroughly researched and thought out. The request for passage at the second reading is something that is generally not done on such large expenditures.
…In response to Councilman Gladman’s inquiry, Mayor DeGraw stated he would ask that the proposed legislation be considered at this meeting. He noted that the Police cruisers need to be ordered and the engineering contract needs to be executed.
…Gladman moved for suspension of rules. Panzera seconded. Vote on suspension of rules: All ayes. RULES ARE SUSPENDED.
…Gladman moved and Von Jasinski seconded to substitute to form Version 040609.
Vote on substitution: All ayes. PROPOSED LEGISLATION IN SUBSTITUTED FORM VERSION 040609.
…Gladman moved for approval and Panzera seconded. Vote on approval: All ayes.
LEGISLATION PASSED IN SUBTITUTED FORM VERSION 040609 – ORDINANCE 2009-07.
1. Ord. 2009-08: An Ordinance granting Columbus Southern Power, its successors and assigns, a franchise for the right to acquire, construct, maintain, and operate in the streets, thoroughfares, alleys, bridges and public places in the City of Grandview Heights, State of Ohio, and declaring it an emergency. RECORDED AS A FIRST READING. Assigned to the Recreation, Services and Public Facilities Committee.
2. Ord. 2009-09: An Ordinance authorizing the Mayor and Director of Finance to enter into a lease agreement with the Grandview Community Association, the Grandview Bicycle Race company and J. Baumeister for the use of certain City Rights-of-Way and McKinley Field in the City of Grandview Heights, Ohio, and declaring it an emergency. RECORDED AS A FIRST READING. Assigned to the Planning and Administration Committee.
3. Ord. 2009-10: An Ordinance to provide for rates of compensation and benefits for certain employees of the City of Grandview Heights, Ohio, and declaring it an emergency. RECORDED AS A FIRST READNG. Assigned to the Planning and Administration Committee.
4. Ord. 2009-11: An Ordinance authorizing the Mayor and Director of Finance to enter into a Development and Incentive Agreement with Book Dog Books, LLC, providing economic incentives to locate its operations to the property located at 1401 West Goodale Boulevard in the City of Grandview Heights, and declaring it an emergency.
RECORDED AS A FIRST READING. Assigned to the Economic Development Committee.
5. Ord. 2009-12: An Ordinance Amending Chapter 505 of the City of Grandview HeightsCodified Ordinances to allow Chickens to be kept within City Limits, with Certain Restrictions. RECORDED AS A FIRST READING. Assigned to the Safety Committee.
…Gladman inquired if the Parks and Recreation Department applied for the Service project on the 4th of July. He stated that there is to be a gathering of a mennonite or congregation of some nature of 4000 volunteers that will be available to communities. Mayor DeGraw stated that he was aware of a project to clear the honeysuckle so that may also be the same project.
There being no further business the meeting was adjourned.