Granville Community Calendar

Council Minutes February 15, 1989

FEBRUARY 15, 1989
Mayor Eisenberg called the meeting to order at 7: 30 p.m..
Responding to roll call were:
Councilmember Avery Vice Mayor - Schnaidt
Councilmember Malcuit Mayor - Eisenberg
Councilmember Morrow Law Director - Munro
Councilmember Hughes Manager - Plunkett
Councilmember Rader
February 1, 1989 -Regular Council Meeting Minutes -Councilmember
Morrow moved to approve the minutes as distributed.
Motion seconded by Councilmember Malcuit.
Those who signed the register:
Mark Zarbaugh
Brenda Mix
L. James Gordon
Frank Murphy
Jurgen Pape
Wm. M. Wright
Sara Jean Wilhelm
Jerry McClain
Malcolm Kennedy
Greg Frazier
Barbara L. Roller
Mike Pratt
Randy Mielnick
Richard Salvage
Maxine Montgomery
Jan Reids
Fanchion R. Lewis
Anne Aubourg
Herb Murphy
Ben W. Hale, Jr.
Jim Masterson
Jacqueline O' Keefe
Terry Pratt
B. E. Mason
Sally MacPhail, Sentinel
David Stewart, Advocate
Melinda Grandstaff
M. Dennison
Albert W. Davison
Sheila Kennedy
Bea Eisenberg
Marianne Masterson
Mayor Eisenberg noted citizens present for the meeting and
assumed that they were interested in the ordinances accepting an
application for annexation and zoning classifications for that
territory. He asked that those who wished to speak on the
matter, to please speak under Citizen' s Comments. He asked that
citizens please keep their statements brief. He said Council has
heard lengthy speeches and that it was not productive to reiterate
those statements made at previous hearings. Further, that
there would be no citizen comments during Council' s discussion of
the ordinances. Mr. Eisenberg stated that the Granville Development
Commission has recommended that all of the undeveloped land
five acres or more come in as Open Space District rather than
Council Meeting Minutes
Village of Granville
February 15, 1989
Page 2
Planned Unit Development. Other areas would be equivalent to what
they are in the Township now. Mr. Eisenberg further stated that
no action would be taken on the ordinances introduced this
evening. A public hearing will be scheduled for March 1, 1989 to
receive public comments as well.
First to speak was L. James Gordon, Attorney, on behalf of
William Wright and jerry McClain. Mr. Gordon stated that Mr.
Wright and Mr. Mcelain have been open with everyone about their
project, and noted that Mr. Wright had considered a separate
annexation of his property but at the request of a spokesman was
asked not to. He said it was obvious to Mr. Wright that there is
quite a bit of public concern regarding his first proposal and
elected to re-write his plans, which required for him to withdraw
his application and re-submit a new one.
Mr. Gordon stated that what is proposed for introduction
this evening would be a departure from the Village' s current
zoning code, which was done with in depth study at no small
expense. The current zoning ordinance provides for undeveloped
areas to come into the Village as Planned Unit Development, with
no more than five (5) units per acre. He said what is planned
this evening is against that zoning ordinance. Secondly, Mr.
Wright and Mr. McClain have attempted to play by the book, now,
Council is changing the rules months after they have submitted
their plan. To reduce the density of the property could
result in a development plan that was not economically feasible,
a taking of the property.
Mr. Gordon asked that Council not change the rules in mid
Ben Hale, stated that Mr. Wright and Mr. McClain came in to see
him after the Development Commission hearings. He said he and
his partner' s approach would be to take into consideration the
planning issues, and bring back a plan that would work. He
explained that if this property is zoned Planned Unit Development
then their plan would receive full hearings. They want to meet
the people halfway. Mr. Hale recommended that Council allow the
land to come in under PUD.
Frank Murphy, co-owner of 300 acres to be annexed stated that
when they were asked to sign the petition for annexation it was
their understanding that the 300 acres would come in as Planned
Unit Development, and signed the petition in good faith.
Herb Murphy, owner of a good deal of undeveloped acreage as
well, ask the question, "are people going to trust you now?"He
felt Council was risking any future annexations.
Council Meeting Minutes
Village of Granville
February 15, 1989
Page 3
Maxine Montgomery, Agent for the petition stated that no promises
were made by carriers of the petitions regarding zoning.
Mike Lafferty thanked Village Council and Development Commission
members in responding to the desires of citizens. He said they
appreciate your thinking seriously on their expressed concerns.
The Mayor' s Report for the month of January was presented and
reviewed. A copy of that report is hereby attached as part of
these minutes.
The Manager' s Report for the month of January was presented.
Manager Plunkett reviewed the report with members of Council.
Discussion centered on the water report portion of the report.
Following review, Councilmember Rader moved that the Manager' s
Report be approved. Motion seconded by Councilmember Morrow.
Motion carried. A copy of that report is hereby attached as part
of these minutes.
Development Commission -Councilmember Malcuit referred to the
Development Commission' s minutes of February 5, 1989. A copy of
those minutes are hereby attached as part of these minutes.
Comprehensive Planning Committee -Manager Plunkett announced
that the Request For Proposals were mailed out last Friday.
Resolution No.
Police Cruiser
89-8, "To Award The Bid For The Purchase Of A New
And To Authorize The Village Manager To Enter
Into A Contract With Masheter Ford Therefor", was introduced,
read in its entirety, and moved for passage by Councilmember
Morrow. Motion seconded by Councilmember Avery. Motion carried.
Resolution No. 89-8 duly passed.
Resolution No. 89-9, "To Authorize The Village Manager To
Advertise For Bids For Street Improvements", was introduced,
read in its entirety, and moved for passage by Councilmember
Malcuit. Motion seconded Councilmember Rader. Motion carried.
Resolution No. 89-9 duly passed.
Council Meeting Minutes
Village of Granville
February 15, 1989
Page 4
Ordinance No. 1-89, "An Ordinance Accepting An Application For
Annexation Of Territory", was introduced and title read by Vice
Mayor Schnaidt.
Public hearing on this ordinance was scheduled for March
1, 1989, at 7: 30 p.m..
Ordinance No. 2-89, "An Ordinance Establishing Certain Zoning
Districts",was introduced and title read by Councilmember Avery.
Public hearing on this ordinance was scheduled for March 1,
1989, at 7: 30 p.m..
Following introduction of the above ordinances, Council conducted
a lengthy review and discussion of the issues and statements
presented under citizens' comments.
Mayor Eisenberg asked Bruce Bailey, Attorney, Metz &Bailey,
Westerville, Ohio (representing the Village in this matter),
his views on the legislative changes proposed in Ordinances 2-89
zoning classifications for the new annexation area), and 5-89
zoning code amendment changing the density of the PUD) Mr.
Bailey said the ordinance to reduce density in the Planned
Unit Development eliminates PUD Zoning. He suggested not making
the density for PUD the same as Suburban Residential District -
A. He said in essence Council would be deleting a section of
their Zoning Code. He then asked Council, "do you have a better
zone?" He said by the Code Council has the power to zone the
property any way they choose, and they should zone it whatever
category they think best. He did say that by changing the density
Council would be dealing with risk factors. He further stated
that Open Space District did not meet the test.
Randy Mielnick, Technical Advisor, Licking County Planning
Commission, who was invited to this meeting, was asked for his
opinion. Mr. Mielnick felt that Council should zone the property
being annexed PUD and make it clear to the developers how they
feel and work with them.
Vice Mayor Schnaidt stated that when talk of annexation came
about statements were made to large land owners that their
property would come in as PUD, and felt that Council has an
obligation to stick to PUD.
Councilmember Rader felt that the zoning ordinance should be
left alone and that properties five acres or more come in as
PUD, which allows for negotiation between developers and
officials over items such as density.
Council Meeting Minutes
Village of Granville
February 15, 1989
Page 5
Councilmember Morrow stated at this time to keep the record
straight, "Council is concerned about being sued by denying
developers a reasonable right to develop their land".
Vice Mayor Schnaidt wanted it to be know that Council was not
against the Development Commission, however, Council has a lot
more facts and has had time think about the ramifications of
changing the zoning ordinance at this time.
Mayor Eisenberg commented that he has not heard much sentiment
from Council to tinker with the Zoning Ordinance.
Consensus of Council was at this time to recast Ordinance No.
2-89, and not introduce Ordinance No. 5-89.
Ordinance No. 3-89, "An Ordinance To Amend Sections Of The Code
Of Ordinances Of The Village Of Granville Establishing Zoning
And Planning Regulations And To Repeal Existing Sections Of The
Code Of Ordinances", was introduced and title read by Councilmember
A public hearing on this ordinance was scheduled for March
1, 1989, at 7: 30 p.m..
Ordinance No. 4-89, "An Ordinance To Amend Ordinance No. 19-88
Providing For Adjustments Of The Annual Budget For The Fiscal
Year 1989 And Revising Sums For Operating Expenses", was introduced
and title read by Councilmember Morrow.
A public hearing on this ordinance was scheduled for March
1, 1989, at 7: 30 p.m..
Denison RequesLt/amson Lodge
Manager Plunkett reviewed Denison' s request with members to
increase the Pub' s capacity limits. They asked to experiment with
capacities between 70 and 80 students. Vice Mayor Schnaidt was
asked if he has had any problems with disturbances from Lamson
Lodge since he lives so close to the facility. Mr. Schnaidt said
no, however at times it' s hard to tell whether occasional noise
is coming from the fraternity or Lamson Lodge. Following discussion
consensus of Council was to allow them to experiment between
70 &80 and come back if they were considering 80 and up.
Greg Frazier/ Landscaping Regulations
Councilmember Morrow made a suggestion that Mr. Frazier submit
his proposal for Landscaping Regulations to the Granville
Development Commission and Granville Improvement Board for
Council Meeting Minutes
Village of Granville
February 15, 1989
Page 6
Councilmember Rader moved for adjournment. Motion seconded by
Councilmember Morrow. Motion carried.
Meeting adjourned at 9: 09 p.m..
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