Granville Community Calendar

Council Minutes OCTOBER 20, 1993

VILLAGE OF GRANVILLE
COUNCIL MEETING MINUTES
OCTOBER 20, 1993
CALL TO ORDER
Mayor Eisenberg convened the meeting at 7:34 p.m.
ROLL CALL
Those responding to the roll call were:
Councilmember Garrett
Councilmember Shulman
Councilmember Herman
Councilmember Freytag
Councilmember Vance
PUBLIC HEARINGS
Vice Mayor Marshall
Mayor Eisenberg
Law Director Hurst
Manager Plunkett
A public hearing was held on Ordinance No. 27-93, " An Ordinance Amending
The Granville Zoning Ordinance And Accompanying Map Thereto, By Amending The
Classification Of The Zoning District For A Certain Five Acre Parcel Of Land Described
Herein And Located At 1960 Newark-Granville Road From PUD, Planned Unit
Development To SBD, Suburban Business District."
No one appeared to speak for or against Ordinance No. 27-93. The public
hearing closed at 7:34 p.m.
A public hearing was held on Ordinance No. 28-93, " An Ordinance To Accept
The Facilities Installed In The Phase One Segment Of The Glen At Erinwood By The
Murphy Group, Inc.,With Conditions."
No one appeared to speak for or against Ordinance No. 28-93. The public
hearing closed at 7:34 p.m.
REVIEW AND APPROVAL OF MINUTES
The minutes of the October 6, 1993, Council meeting were presented for review.
After a brief discussion, Councilmember Herman moved to approve the minutes as
corrected. Seconded by Vice Mayor Marshall. Motion carried.
MAYOR'S REPORT
The Mayor's Report for the month of September was presented for review.
Mayor Eisenberg directed the clerk to file the report.
MANAGER'S REPORT
The Manager's Report for the month of September was presented for review.
After a brief discussion, Councilmember Garrett moved to approve the report.
Seconded by Councilmember Vance. Motion carried.
CITIZENS COMMENTS
Those signing the register were:
Rob Messenger
Matt McGowan
Sharon Hart
John Thornborough
Jenny Bruce
Frank Murphy
George Fackler
Maxine Montgomery
Patrick Hart
Bill&Flo HoffmanFlo Hoffman of 508 West College Street stated that she and her husband exit from their home by turning onto Burg Street From Thresher Street. Mrs. Hoffman stated that because of the speed at which drivers come off Burg Street, they often find a car on their rear bumper. Mrs. Hoffman stated that since the additional exit to Dension has been installed, it is hard to see there. Mrs. Hoffman asked if Council would consider placing a stop sign or a flasher there to warn people of what is coming up. Manager Plunkett stated that he is familiar with that intersection and he doesn't see it quite the same way. Manager Plunkett stated that he had had a police officer watch at that intersection, and rather than making a knee jerk action, the police are going to keep an eye on the intersection and make a fair assessment. Manager Plunkett stated that there hasn't been an accident there and the police have been instructed to report anything they find. Mrs. Hoffman stated that she would appreciate any attention to that intersection. COMMITTEE REPORTS Councilmember Shulman reported on the Planning Commission's October 18 meeting. At that meeting, the items of business were mostly temporary signs. Mr. Shulman stated that the Zoning Inspector made an effort to have all temporary signs come before the Planning Commission. Mr. Shulman stated that one temporary sign was granted, one was tabled, and one was recommended to the village manager because it involved the median on Broadway. Also a business sign in the IGA area was discussed. Mr. Shulman stated that another issue discussed was the Sheppardson Condominiums which were approved in 1989. Mr. Shulman stated that the developers are now seeking approval from the village engineer for 11 new buildings. Mr. Shulman stated that the new buildings would rap around the current existing buildings closest to the bike path. Mr. Shulman stated that most of the woods between the condos and the Granville apartments would be cut down. Mr. Shulman stated that the architect and developer would be happy to come to Council to give the same presentation if Council wishes. Councilmember Garrett questioned when the condos were approved? Manager Plunkett stated that they'd received initial development Commission / Village Council approval in the mid -1970's. Manager Plunkett stated that in 1979 Shurtz was denied permission for the rest, but Licking County Common Pleas Court ordered the village to allow their completion. Councilmember Garrett asked if the plans were the same ones as were originally submitted? Manager Plunkett stated that they were similar with a lesser number of buildings. Councilmember Garret stated that it was her understanding that if you do not follow the original plans, you had to go back to the Planning Commission. Vice Mayor Marshall reported on the Utilities Committee meeting. The Committee discussed the EPA sludge holding requirements. Mr. Marshall stated that he will make a recommendation to council concerning this under old business. Councilmember Vance reported on the sign committee meeting. Mr. Vance stated that a third draft was being reviewed, a final review would be ready on October 22. Mr. Vance stated that he hopes a final copy would be on the agenda for November 3. OLD BUSINESS Ordinance No. 279- 3, A"n Ordinance Amending The Granville Zoning Ordinance And Accompanying Map Thereto, By Amending The Classification Of The Zoning District For A Certain Five Acre Parcel Of Land Described Herein And Located At 1960 Newark-Granville Road From PUD, Planned Unit Development To SBD, Suburban Business District", was reintroduced, title read and moved for adoption by Councilmember Shulman. Seconded by Vice Mayor Marshall. Councilmember Freytag asked the reasoning for permitting the zoning change now when no development plan has been submitted? Councilmember Shulman stated that SDB is appropriate for commercial development. Mr. Shulman stated that there had been changes to the SBD regulations and the rezoning was considered in the past. Mr. Shulman stated that Mr. Fackler had asked the Planning Commission saw no reason not to recommend the rezoning. Mayor Eisenberg stated that the rezoning was supported by the Master Plan. Councilmember Freytag stated that the zoning could remain PUD until a development plan is submitted. George Fackler stated that he applied for rezoning a year ago and came up with sketch plan. Mr. Fackler stated that due to fact that Council changed the guidelines of SBD he is trying to make zoning contiguous. Mr. Fackler stated that the Planning Commission had voted unanimously to approve the rezoning. Councilmember Freytag asked if Mr. Fackler had a development plan? Mr. Fackler stated that nothing is concrete at this time, however the Planning Commission did give a unanimous vote for the rezoning. Councilmember Freytag stated that he can see no reason to put forth now. Mr. Freytag asked why should the zoning be changed to SBD, and not being PCD?Mr. Freytag stated that there was some talk that Erinwood zoning should have been PCD. Mr. Freytag stated that he doesn't want to make the same mistake again, and he is just raising questions. Councilmember Garrett stated that if the zoning was changed, certain things could be built without approval. Mayor Eisenberg stated that he thought Council had resolved those issues with the changes in SBD. Councilmember Freytag stated that in PCD, one must first come to Council with a development plan, while in SBD there is more lee way to proceed. Vice Mayor Marshal stated that in SDB you can't just go build whatever you want. Councilmember Vance stated that he agreed with Councilmember Freytag. Mr. Vance stated that the Planning Commission made a recommendation, and Council should ask the Planning Commission to give the reason they are suggesting the zoning change. Manager Plunkett stated that the Planning Commission has made a formal recommendation. Councilmember Vance stated that he saw no problem asking the Planning Commission to explain to Council why that zoning is better than any other . Councilmember Vance moved to table Ordinance No. 27-93. Seconded by Councilmember Freytag. Roll call vote: Shulman yes, Garrett yes, Herman yes, Vance yes, Freytag yes Marshall yes, Mayor Eisenberg yes. Seven yes votes. Ordinance No. 27-93 was tabled. Law Director Hurst stated that Council can adopt, deny, or modify the recommendation of the Planning Commission. Mr. Hurst stated that under any planned unit district, the property may not be developed with out a development plan. Ordinance No. 28-93, " An Ordinance To Accept The Facilities Installed In The Phase One Segment Of The Glen At Erinwood By The Murphy Group, Inc.,With Conditions," was reintroduced, title read and moved for adoption by Councilmember Freytag. Sconded by Councilmember Vance. Mar'iger Plunkett stated that there was a recommendation from the Zoning Inspector that the sidewalks should be completed before the approval. Manager Plunkett stated that he had compromised with the Murphys and suggests sidewalks should be completed on one side of the road. Frank Murphy of the Murphy Group stated that the sidewalks will get broken with heavy trucks driving over them during construction. Mr. Murphy stated that it makes more sense to put the sidewalks in last. Manager Plunkett stated that the Murphy's had committed in a letter to delay the final coat of asphalt for a year, which makes a lot of sense. Manager Plunkett stated that the traffic islands in the cul-de-sacs will be taken out a year from now if Council is of the opinion they should be removed. Councilmember Shulman stated that Council should get some timing on the sidewalks completion. Mr. Shulman stated that some of the lots may never get filled, therefor you would have "blanks"in the sidewalk. Councilmember Freytag asked what would be the point of installing sidewalks now if they are going to get "wrecked". Councilmember Shulman stated that Council should add Section five to the ordinance which would state that sidewalks should be completed in five years on one side of the road. Councilmember Vance stated that the time limit should be five years after passage of the ordinance. Councilmember Vance stated that the amendment it should read "sidewalks will be completed on one side of Galway Drive, Longford Drive, and Kerry Court within five years after passage of the ordinance." Roll call vote on the amending of Ordinance No. 28-93 by adding Section V: Freytag yes, Vance yes, Herman yes, Shulman yes, Garrett yes, Marshall Yes, Mayor Eisenberg yes. Seven yes votes. Ordinance No. 28-93 was amended. Councilmember Vance stated that the Ordinance should also be amended to state that the village has the ability to require the developer to remove the traffic islands if Council desires. Roll call vote to amend Section 111: Freytag yes, Vance yes, Herman yes, Shulman yes, Garrett yes, Marshall Yes, Mayor Eisenberg yes. Seven yes votes. Ordinance No. 28-93, Section 111 was amended. Roll call vote to approve Ordinance No. 28-93 as amended: Freytag yes, Vance yes, Herman yes, Shulman yes, Garrett yes, Marshall Yes, Mayor Eisenberg yes. Seven yes votes. Ordinance No. 28-93 was adopted as amended. Ordinance No. 239- 3, A"n Ordinance To Require The Closure Of Vehicle Access To Shannon Lane Upon Completion Of Donegal Drive Within The Village Green Section Of The Erinwood Planned Unit Development Or Three Years From The Date Of Passage Of This Ordinance, Whichever Is First." Councilmember Vance moved to remove Ordinance No. 23-93 from the table. Seconded by Councilmember Freytag. Mayor Eisenberg stated that Manager Plunkett and he had met with Herb Murphy, representing the Condo Association. Mayor Eisenberg stated that they had reached an agreement. Mayor Eisenberg stated that Donegal Drive will be extended to Galway Drive within three years, and the condo association will close Shannon Lane at their own expense. Mayor Eisenberg stated that he did not think that this ordinance was needed when considered with the letter received. Councilmember Herman stated that the condo association could be made up very differently later, and he was wondering if the agreement would still stick. Law Director Hurst stated that a man who represented to speak on behalf of the group does not distort power and authority given in so doing. Councilmember Freytag asked if the Northtowne Properties /Erinwood Condominium letter could be accepted in a resolution? Roll call vote on Ordinance No. 23-93: Freytag no, Vance no, Herman no, Garrett no, Shulman no, Marshall no, Mayor Eisenberg no. Seven no votes, Ordinance No. 23-93 was defeated. Mayor Eisenberg stated that Manager Plunkett would write Resolution No. 93-40 accepting the letter of October 15, 1993 from Northtowne Properties agreeing to connect Donegal Drive to Kildare Street and Galway Drive, and to close Shannon Lane. Councilmember Garrett moved to adopt Resolution 93-40. Seconded by Councilmember Freytag. Resolution No. 93-40 was adopted. (Councilmember Shulman voted against Resolution No. 93-40) Resolution No. 93-34, " A Resolution Authorizing The Village Manager To Enter Into An Agreement With The Licking County Commissioners For The Confinement And Support Of Prisoners", was introduced, read in full and moved for adoption by Garrett. Seconded by Vice Mayor Marshall. Law Director Hurst stated that in his opinion, the proposed agreement does not resolve any medical issues with which Granville is currently struggling. Mr. Hurst stated that the contract indicates under section 4, that the village agrees to pay a physician for any cost incurred by said prisoner and section 5 further obligates village. Mr. Hurst stated that the disagreement has been with what constitutes a prisoner of the Village of Granville. Mr. Hurst stated that the proposed contract doesn't answer the question. Mr. Hurst stated that Granville does have an obligation to provide for the care of prisoners. Vice Mayor Marshall questioned what would happen if Granville did not sign the contract. Mr. Hurst stated that under Ohio Revised Code Section 1905.35 the commissioners have the authority to say no contract, no housing, take your prisoner elsewhere. Mr. Hurst stated that the statuatories require Granville to make accommodation for only prisoners of the municipality. Councilmember Freytag stated that he doesn't favor any contract which will not resolve current problems. Law Director Hurst stated that if Granville doesn't sign the contract, the county can deny taking any of Granville's prisoners and Granville would have to build a jail or find an alternative facility which to take their prisoners. After a discussion, Vice Mayor Marshall moved to table Resolution No. 93-34. Seconded by Councilmember Garrett. Motion carried. Resolution No. 93-34 was tabled. Vice Mayor Marshall stated that the Utilities Committee had had a lengthy discussion concerning EPA sludge holding regulations. Mr. Marshall stated that the Committee concluded that the Village is headed down an expensive road. Vice Mayor Marshall stated that the committee recommends spending $ 5,000 for an other engineering firm to give Granville an overview of the probable costs involved. Councilmember Freytag asked if the study could be accomplished for that amount of money? Vice Mayor Marshall stated that he thought it could be done with $ 5,000. Councilmember Herman stated that in the recycling ordinance there was a part where the Village would pay the difference between the cost of normal items compared to recycled items for a period of two years. Councilmember Herman stated that the legislation needed more work. Mayor Eisenberg asked Manager Plunkett if the Ordinance would be an administrative burden? Manger Plunkett stated that he did not think so. Manager Plunkett stated that the Village now buys recycled goods. Vice Mayor Marshall stated that he thought it was a leadership obligation. Councilmember Freytag stated that he didn't agree with paying more for a recycled item. Mr. Freytag asked if a resolution could be written stating that if it was economical, the village would buy recycled goods? Councilmember Garrett stated that the funds for this program come from tax dollars. Mrs. Garrett stated that she and Councilmember Herman are trying to encourage people to use recycled goods and create a demand for the market. Councilmember Herman stated that the ordinance could be passed with no price preference for the recycled goods. Vice Mayor Marshall stated that a resolution would do. Manger Plunkett stated that informally the policy exists today. Councilmember Herman stated that council could wait to see how the grant is moving along. Mr. Herman asked Manager Plunkett to check on that for the next meeting. Leasing of the Old Village Hall Manager Plunkett stated that he wasn't sure how Council wanted to handle making the decision. Manager Plunkett suggested having an executive session at the end of the meeting. Mayor Eisenberg stated that he didn't think it is necessary to have an executive session. Councilmember Vance requested to remain silent during the discussions. Mayor Eisenberg stated that Manger Plunkett and he had discussed this and they would like to hear views from the rest of the council. Mayor Eisenberg stated that the village had an obligation to look at the proposed uses and decide which would best serve the village, then negotiate with that party to arrive a lease agreement. Vice Mayor Marshall stated that Council needed to talk about what the village is going to get from the building. He suggested sitting down with proposers to decide what is going on. , Mayor Eisenberg suggested that perhaps detailed negotiation should be conducted by a committee. Mayor Eisenberg stated that the proposers are present tonight, and Council needs to let their views be known to proposers as to what they feel is most appropriate. Mayor Eisenberg stated that in his opinion, the rents proposed are low and they could be higher. Mayor Eisenberg stated that the capital improvements are helping the village, however he doesn't favor reduced rent in exchange. Mayor Eisenberg stated that eventually, the lessee will get the value of the improvements . Councilmember Garrett questioned what rental property goes for in Granville? Vice Mayor Marshall stated that rent varies greatly. Councilmember Freytag asked what is the square footage of the building? Manger Plunkett answered 3,600 to 3,800 feet. Mayor Eisenberg stated that Council should form a committee to interview the proposers and arrive at the best deal. Those appointed to the Committee were Vice Mayor Marshall, Councilmember Freytag, and Councilmember Garrett. NEW BUSINESS Ordinance No. 29-93, " An Ordinance To Amend Sections 171. 03 And 171. 14 And To Repeal Section 171. 19 (c)And (d)Of Chapter 171 Of The Codified Ordinances Of Granville, Ohio, Establishing Income Tax Regulation Charges And To Repeal Existing Sections Of Said Codified Ordinances"was introduced and title read by Councilmember Freytag. Mayor Eisenberg set the public hearing for November 3, 1993, at 7:30 p.m. Ordinance No. 30-93, " An Ordinance To Authorize The Village Manager To Enter Onto A Lease Agreement With Concerning The Leasing Of The Municipal Building Located At 118 South Main Street For A Term Of Years."Ordinance No. 30-93 was not introduced. The Committee will make a recommendation on November 3 and the Ordinance will be introduced at that time. Resolution No. 93-38, " A Resolution To Authorize The Village Manager To Submit Grant Applications For 1994 Capital Improvement Projects To District 17, Ohio Public Works Commission, For Funding On Granville's Behalf," was introduced titled read and moved for adoption by Councilmember Herman. Seconded by Councilmember Freytag. Resolution No. 93-38 was duly adopted. Resolution No. 93-39, " A Resolution To Authorize The Village Manager To Enter Into A Grant Agreement With The Ohio Public Works Commission For Construction Of The West College Street Improvements Project, Grant Number CQ728," was introduced, read in full, and moved for adoption by Councilmember Freytag. Seconded by Councilmember Garrett. Motion carried. Resolution No. 93-39 was adopted. Traffic Engineering Manager Plunkett stated that when the village has a project that will affect traffic like SuperAmerica, the Village should have someone ready to review the proposals and make a recommendation as to the traffic impact. Manager Plunkett stated that the traffic engineers would be paid by the developer like what is being done now with Bird &Bull. Councilmember Vance stated that he personally would not hire an engineer that recommended Cherry Valley Road should be five lanes and Newark-Granville Road should be three lanes. Manager Plunkett explained that the engineer had said that if growth is expanded out completely, the roads would have to be widened. Manager Plunkett stated that the village needed someone to offer solutions to traffic problems and suggest ideas on how to handle traffic problems. Councilmember Freytag stated that the village needed a traffic engineer, but the question is which one. Councilmember Vance suggested that Manager Plunkett look into some other engineers. Manager Plunkett stated that he would look into it. Cable TV Committee Councilmember Freytag stated that Dimension Cable would like an answer on the franchise renewal before the franchise actually expires so that they can rebuild their lines. Mr. Freytag stated that he saw no reason why the Council could not make a decision early. Mayor Eisenberg stated that Dimension Cable would like a decision in January so that they can begin construction when the leaves were off the trees. Mayor Eisenberg stated that he too saw no reason that the decision could not be reached by the end of the year. Vice Mayor Marshall questioned how the committee was coming along. Manager Plunkett stated that the first meeting is scheduled for next week. Councilmember Freytag questioned if the committee could have their study finished by the end of the year? Manger Plunkett stated that he saw no reason why they could not. MEETING ANNOUNCEMENTS Councilmember Shulman stated that the next Planning Commission meeting will be November 1, 1993. Mayor Eisenberg stated that the next Council meeting will be November 3, 1993. ADJOURNMENT Councilmember Vance moved to adjourn the meeting at 10:33 p.m. Seconded by Vice Marshall. Motion carried.

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