Granville Community Calendar

Council Minutes AUGUST 3, 1994

VILLAGE OF GRANVILLE
COUNCIL MEETING MINUTES
AUGUST 3, 1994
CALL TO ORDER
Mayor Eisenberg convened the meeting at 7:36 p.m.
ROLL CALL
Those responding to the roll call were:
Councilmember Garrett
Councilmember Shulman
Councilmember Montgomery
Councilmember Vance
Councilmember Freytag
PUBLIC HEARING
Vice Mayor Marshall
Mayor Eisenberg
Law Director Hurst
Manager Plunkett
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A public hearing was held on Ordinance No. 19-94, "An Ordinance To Amend
Chapter 1189 Of The Granville Codified Ordinances Of Granville, Ohio Establishing Sign Regulations And To Repeal Existing Chapter 1189 Of Said Codified Ordinances."
Gary Stansbury was present, stating that the proposed sign ordinance is " stiff code for the entire one village.M" r. Stansbury stated that he visited downtown Granville last week. During his visit, he had seen the sidewalks full and people eating at the sidewalk cafes. As Mr. Stansbury drove down NewarkG- ranville Road to Westgate Drive, he saw several semis unloading at the various businesses. He stated that he doesn't think the Village can have one sign code for that diverse of an area. He stated that Westgate Drive area and the area by the Granville Milling Company should be exempt from the sign code or have an entirely different code. He stated that in his opinion, the proposed code is not appropriate for an industrial area. Mayor Eisenberg stated that Mr. Stansbury had made a valid point, however the trend of Council has been to retain more restrictive control than what is necessary. He vsatartiaedncteh.at if larger signs are appropriate in that area, the applicant can apply for a
Mr. Stansbury stated that he thought that the industrial area needed some kind of code to prevent granting so many variances.
Mayor Eisenberg stated that it was his personal view to let the Planning Commission take care of the matter.
Larry Huey of 129 West College Street stated that he had been chairman of the committee to review the sign code. He stated that he wrote the proposed sign code to
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reflect the views of the entire committee, but that he personally had serious concerns
about the code. He stated that the committee had had a difference of opinion on the
Planning Commission having the right to reduce sign sizes. He stated that in his
opinion, there was very good reason for the Planning Commission to have discretion.
He stated that currently, there are two governing bodies that look at sign sizes. If one
wants a larger sign, they must get a variance. The Planning Commission approval is
required as is the Board of Zoning and Building Appeals (BZBA).If the BZBA chooses
to, they can allow 100 square foot signs in the downtown. He stated that he had
attended BZBA meetings to hear variance requests. He stated that during one of those
meetings the BZBA suggested that the applicant apply for more footage than what had
been applied for. He stated that in his opinion, the BZBA should be scrutinizing and
members of the board should not be suggesting larger signs. He stated that he was
somewhat concerned about ground signs in the entire Village being 16 square feet. He
stated that the downtown could have a16 square foot sign. He asked that Council allow
Planning Commission discretion to regulate signs in the Architectural Review District.
Councilmember Vance stated that the Planning Commission still has control. He
stated that the intention was to inform a business of what size of sign they will be
allowed to have. The intention of the committee was to leave control to the Planning Commission.
Mr. Huey stated that the way the code is interpreted now, if the Planning
Commission disagrees with BZBA, the applicant still doesn't get what he is applying for.
Mr. Huey stated that he thought it appropriate to set the size in the code at a low
value and have the Planning Commission restrict the size of signs.
Councilmember Vance stated that the BZBA can issue a variance without
Planning Commission approval. Mr. Vance stated that if the Planning Commission
makes a ruling the applicant does not like, the applicant can appeal to Council.
Mayor Eisenberg stated that there is nothing to prohibit someone from the going to BZBA for a variance prior to Planning Commission review. Mayor Eisenberg stated that he understood the concern, but Council can debate the issue later.
Law Director Hurst stated that if someone proposed a sign that required a variance currently, the applicant must first go to the BZBA to see if it's possible to get a variance, then armed with that variance, the sign shall be reviewed by the Planning Commission. All signs, not just signs in the Architectural Review District shall be approved by the Planning Commission. The applicant then tells the Planning Commission that they received a variance and the Planning Commission will go on to consider the design. He stated that because the BZBA says that 12 or 15 square foot is okay, that does not mean the sign is approved by the Planning Commission. The Planning Commission will then render its decision and give their reasoning. If the applicant is not happy, he can go to Council with an appeal. Mr. Hurst stated that the language in the ordinance may need some revision, but its clear that anytime a variance is needed, one must first see if a variance will be granted. One does not get Planning Commission approval contingent upon a variance.
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Mr. Huey stated that Planning Commission has been reviewing signs before the
variance is given .
Mr. Stansbury asked what happens when a variance is requested and then
rejected by the BZBA?
Mr. Hurst stated that if Council determines that the variance sought by the
applicant is okay, Council can overrule the BZBA decision and then send the applicant
back to the Planning Commission.
The public hearing on Ordinance No. 19-94 closed at 8:10 p.m.
A public hearing was held on Ordinance No. 20-94, "An Ordinance To Approve
The Covenant Agreement For Phase IV Of Bryn Du Woods /The Colony At Bryn Du."
No one appeared to speak for or against Ordinance No. 20-94. The public
hearing closed at 8:11 p.m.
REVIEW AND APPROVAL OF MINUTES
The minutes of the regularly scheduled meeting of July 20, 1994, were
presented for review. Councilmember Freytag moved to approve the minutes submitted. Seconded as by Councilmember Garrett. Motion carried.
CITIZENS COMMENTS
Those signing the register were:
Kevin Davis, Times Mirror
Richard VanWinkle
Sally MacPhail, Sentinel
Joe Hickman
Gary Stansbury
Lisa McKivergin
Larry Huey
Richard VanWinkle, attorney representing Ms. McKivergin, stated that he was present regarding the HVAC system which was planned to be placed near the vicinity of the McKivergin's front door. He stated that Mr. and Ms. McKivergin are opposed to the placement of the system. He stated that the McKivergins had not been present at the last Council meeting because they were told there was not a need to attend because the issue would be decided by the Planning Commission. He stated that according to the minutes, apparently there had been a consensus of Council that the HVAC units should be placed on the southeast side of the building. He stated that he wonasthneoitsssuuree. what a consensus of Council was and apparently there had been no vote
Mayor Eisenberg stated that Council did not approve the locations of the HVAC units. He stated that the Council directed the manager to send a letter to the Planning Commission as to where council felt the units should be placed.
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Mr. VanWinkle stated that his client had received a letter from Mr. Plunkett
stating that "Sensibilities Inc.,may install air conditioning units at the southeastern
corner of the building. "
Manager Plunkett stated that the minutes of the July meeting read that the letter
was to be sent to Mrs. McKivergin.
Councilmember Montgomery stated that sending a letter to the Planning
Commission and to Ms. McKivergin were both discussed.
Mayor Eisenberg stated that it was his recollection that the letter had been to go to the Planning Commission and not Ms. McKivergin.
Councilmember Garrett stated it was her understanding that the letter had been
to go to the McKivergin residence.
Mr. VanWinkle stated that it was his understanding that Council had not voted
on the issue. He stated that he opposes the location. He stated that his client doesn't
want to have an HVAC unit located only 8 feet from her front door. He stated that the
opposition is for the obvious reason, the peaceful, quiet enjoyment of the property. He
stated that the structure proposed may end up being more than an air conditioner; that
it may include trash and other items. He stated that they are now dealing with the
location of the HVAC system. He stated that he is opposed to it because of the
disruption of the peace and quite the structure will cause.
Mr. VanWinkle passed photos around of the location with wood boards marking
where the HVAC would be placed. He stated that not only will there be additional there will be noise, a structure interfering with a 10 foot setback line. He stated that there will
be interference with the walk- way and when the door is open to Sensibilities' back section, it will also interfere with the walkw- ay. He stated that this will have a negative impact on his client's property, and may reduce the value of that property. Mr. VanWinkle stated that in Mr. Plunkett's letter, Council had declared that the south side of the building was the only logical location for the units and that other locations were not appropriate. He stated that Council has not followed its own procedure by not requiring Mr. Vance to make application to place the HVAC units on the property.
Mr. VanWinkle stated that the photos he distributed show a dump truck parked on the east side of the building. He stated that the east side of the building will not interfere with parking and will not interfere with use of the driveway. He stated that he had looked at the property and in his opinion, the northeast corner of the building was an obvious location for placement of the HVAC units. He stated that Mr. Plunkett's letter had stated that placing the units on the north side would interfere with Opera House and Bolen Park. He stated that he did not feel that was so. Mr. VanWiknle also stated that Mr. Plunkett's letter also stated too that the units would be screened with appropriate vegetation,f"urther limiting the use of his client's property. Mr. VanWinkle stated that he recommends and would ask Council to consider the east side of the building as the appropriate location for the HVAC units.
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Mr. VanWinkle stated that in addition to those arguments, he questions the
appropriateness of the issue. He stated that he believes Council may allow certain
exemptions such as waving fees, but Council surely does not have the right to exempt
a private enterprise, mandated by laws that every other citizen must follow, especially
when those exemptions interfere with his client's rights. He stated that Mr. Vance is
required to obtain permits in the lease agreementH..e stated that if Mr. Vance is of the
opinion that rules don't apply to him, he is wrong. He stated that the Planning
Commission hasn't reviewed the plan at this stage. He stated that his client's rights
have been ignored, and if Council continues to proceed with this, appropriate action will
be taken. He stated that if Council has made a decision regarding the placement of the
HVAC units, he would ask that they reconsider or rescind that decision. He stated that
he further suggests that Mr. Vance excuse himself from sitting on Council and not
participate in any discussion the body makes. He stated that in short, Vance should do
what is right and not participate in action taken on this.
Mayor Eisenberg stated that perhaps he hadn't been paying attention, but no
one, including the minutes, knows exactly what went on at the last meeting. He stated
that he doesn't recall how the question came before Council for the placement of the
HVAC units, perhaps when Mr. Vance gave his presentation on the buildings shed
portion. He stated that it was his recollection that it had been the consensus, opinion of
Council that the south side of the building was the appropriate location for the HVAC
units. He stated that what had been supposed to follow was a letter to notify the
Planning Commission of Council's opinion. He stated that he doesn't think that Council
bypassed the Planning Commission. Mayor Eisenberg stated that he had suggested
that a letter be sent to the Planning Commission letting them know that there was a decision to make.
Councilmember Freytag stated that because of the threat of litigation, he would
like for Council to enter executive session to discuss possible litigation. Mr. Freytag moved to enter into executive session. Seconded by Councilmember Montgomery.
Councilmember Montgomery asked if Law Director Hurst felt it appropriate to go into executive session at this time.
Law Director Hurst stated that the appropriate time to enter into executive session is a judgment of Council. He stated that Council can certainly continue with the rest of their business and have an executive session at the end of the meeting. He stated that he did not feel anymore discussion on the issue was necessary. He stated that he did not feel that the matter would be resolved within the next thirty minutes. Mr. Hurst stated that perhaps he misconstrued, but it certainly sounded as if Mr. VanWinkle said that if he did not get his way, he would file a law suit. Mr. Hurst stated that the issue is not going to be resolved this evening. He stated that he does not have oathperorbalepmproepnrtieartieng into executive session now, at the end of the meeting, or at some time.
Mr. Freytag stated that he had made a motion and it was seconded. 1
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Mayor Eisenberg stated that he did not feel it necessary to go onto executive
session now. He stated that he felt several steps were necessary before the issue
reached that point. Mayor Eisenberg stated that it was his intent and belief that proper
procedures should be followed. He stated that if that was the belief of Council, it should
be clarified and the application sent through normal procedure.
Councilmember Freytag stated that there was much to be discussed and he
called for the question.
Show of hands vote to enter into executive session: Montgomery yes, Freytag
yes, Vance abstain, Shulman no, Garrett no, Marshall no, Mayor Eisenberg no.
Two yes votes, four no votes, the motion was defeated.
Mayor Eisenberg stated that he would like to make clear that appropriate action
must be taken by the Planning Commission.
Law Director Hurst stated that he was not ready to resolve this issue tonight. He
stated that the issue had been a citizens comment and should be left at that until he
can look at the lease and what procedures are to be followed. He stated that he is not
willing to acknowledge that correct procedures had not been followed simply because
the HVAC units are not Sensibilities' property; they are the Village's property, and Mr.
Vance had simply been asking where the Village would like its property to be placed. Mr. VanWinkle stated that he and his client have to know where the issue
stands. He stated that he can understand the concern, however, time is important.
Law Director Hurst restated that the issue isn't going to be resolved tonight. He
stated that he wanted to reexamine the lease agreement. He stated that it well be that Granville may very needed to make the application. He stated that tonight, he is uncomfortable saying that Sensibilities Inc.,had to have permission. He stated that the air conditioner units are a requirement of the lease which Sensibilities Inc.,will not keep if the property is vacated.
Mr. VanWinkle stated that his initial reference was the interference with his
client's property, and the second was the procedure that had been followed. He stated that he would like to know when he could expect a statement from the Law Director. Law Director Hurst stated that the issue will get attention as fast as it can. He stated that he will prepare his statement and forward it to Council. M. Hurst stated that he wasn't sure if Council would find it appropriate to hold that analysis to the next session or not, however his work will be done well in advance of the next Council session.
Mr. VanWinkle stated that the date of Mr. Plunkett's letter is July 29. He stated that he can't let time go by if he is going to take appropriate actions. Mr. Vance stated that as the representative of Sensibilities Inc.,he would like sufficient time to consult with his attorney.
Councilmember Freytag stated that one of the reasons he wanted to have an perxeesceuntitv.e session was because the two potential people who may sue the Village are 1
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Mr. Vance stated that his corporation is willing to talk to the neighbors at
anytime.
Councilmember Montgomery stated that she feels very uncomfortable with Mr.
Vance representing Sensibilities inc.,and being able to speak on their behalf. She
stated that in her opinion, Mr. Vance should speak from the audience.and not from
behind the Council table when he speaks as the tenant.
Mr. Vance stated that he is willing to step out from his Council chair at any point
in time.
COMMITTEE REPORTS
Councilmember Garrett reported on the Planning Commission's meeting of
August 1, 1994. At that meeting, two architectural review applications were approved,
and a informal session with Mr. Thornborough regarding the Shepardson property held. The was alley from Broadway and Shepardson, which is part of the Shepardson
property deed, was discussed. Mr. Thornborough is willing to give that alley to the
Village or piece meal it to the property owners in that area. Mr. Thornborough would
like to install a meandering sidewalk from his property to Broadway. The meandering
walk would preserve trees. He plans to restore the existing structure and change the
subdivision from seven lots to three lots. He plans to construct two similar houses that
will share a common driveway. Mr. Thornborough plans to come to Council regarding
the alley property. Mrs. Garrett stated that the commission also discussed the sidewalk
cafes coming before the commission prior to the renewal of their cafe permit. She
stated that the Planning Commission would like to review the cafe plans if they
drastically change in appearance. Sensibilities Inc.,gave a presentation which will be given to Council this evening.
Councilmember Freytag reported on the Old Colony Burial Ground Board Meeting. At that meeting, two items of business were discussed. He stated that the storage building is now underway and probably is complete as of now. He stated that the preservationists from Massachusetts are back for the second time this year restoring the cemetery.
Councilmember Freytag reported on the Recreation Commission meeting of August 2, 1994. At that meeting, it was learned that the Ohio Arts Council granted 2,006 to the "Concert on the Green"series. Mr. Freytag stated that Paul Treece was active with the Arts Council and that has been beneficial to Granville. He stated that the commission is working on signage for Wildwood Playground. He stated that the problem is resolved concerning the issue brought up by the Auditor of State.
OLD BUSINESS
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Ordinance No. 19-94, "An Ordinance To Amend Chapter 1189 Of The Codified
Ordinances Of Granville, Ohio Establishing Sign Regulations And To Repeal Existing
Chapter 1189 Of Said Codified Ordinances,"was reintroduced, title read, and moved
for adoption by Vice Mayor Marshall. Seconded by Councilmember Vance.
Councilmember Garrett stated that she had submitted a memo to the entire
Council concerning Ordinance No. 19-94. She stated that she appreciated all the time
and effort the committee had put into the proposed code, however, she had a few
questions concerning it. Mrs. Garrett stated that her first question was in Section
1189.04 (d).Does that Section include real estate signs?
Vice Mayor Marshall stated that all existing signs are okay. He stated that their
was no point in having everyone run in for approval unless they change their signs.
Councilmember Garrett stated that her second concern was with Section
1189.04 (h).What is the definition of political sign?She stated that the code is "fuzzy" in this area.
Vice Mayor Marshall stated that the committee tried to define political signs
however it kept getting "fuzzier."He stated that the committee felt they were covered in. that section.
Councilmember Garrett asked if Council wanted wall signs and projecting signs
to increase from 8 to 10 square feet?She was also concerned about 16 square feet
ground signs being appropriate on Broadway, Prospect, and Main Streets?She stated
that she could understand the sign size -raising to accommodate the Westgate Drive
area, however she did not think large signs should be permitted in the downtown. Mrs.
Garrett stated that she did not see a section in the proposed code that dealt with shopping center signs.
Vice Mayor Marshall stated that much time had been spent on sign sizes. He stated that the proposed code would give more control outside the Village stated District. He that the committee felt variances could be applied for in the Westgate Drive section of the Village.
Councilmember Vance stated that one of the committee's big concerns with the proposed code was giving the Village more control.
Councilmember Garrett stated that the recently installed ReMax sign is 10
square feet. She stated that in her opinion, 16 square foot would be too large for the downtown area. She stated that if the Council is going to maintain one unified sign code, 10 square foot should be the maximum ground sign size. She stated that 8 square foot wall and projecting signs should be kept also. She stated that ground signs should be reduced to a maximum of 10 square feet. She stated the businesses at Westgate Drive and Cherry Valley Road could apply for variances. Councilmember Vance stated that the committee felt that the 8 square foot projecting sign was too restrictive. He stated that the committee felt that a 10 square foot sign was a good size. He stated that it was very hard to get all your sign information on an 8 square foot sign.
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Councilmember Montgomery asked what would be the disadvantages of having
two sign codes, one for the Westgate Drive area and one for the rest of the Village?
Vice Mayor Marshall stated that the committee was trying to avoid setting a
double standard.
Councilmember Vance stated that the committee is trying to prevent future
conditions. Mr. Vance stated that he would hate to see the Cherry Valley Road area
develop like Newark's 21 st Street. He stated that the proposed code would give the
Village more control to stop undesirable development. He stated that if there is a
legitimate reason to have a larger sign, the applicant can come before the BZBA and
request a variance.
After more discussion, Councilmember Garrett moved to amend Ordinance No.
19-94, Section 1189.06 (e),to limit ground signs to a maximum of ten (10)square feet
in sign area. Seconded by Councilmember Montgomery. Motion carried.
Councilmember Vance questioned whether the process·one must go through to receive a variance should be defined in the code.
Law Director Hurst stated that it seem to be defined in 1189.03. He stated that
the language was not real clear, but it was present. He stated that he had no detailed
thought as to what the language should look like. He stated that the code could be passed and amended later.
Councilmember Montgomery questioned if Council was interested in changing
the wall sign size and the projecting sign size to 8 square foot rather than the 10
square foot? -
Councilmember Freytag stated that he personally favored the 8 square foot.
Councilmember Montgomery moved to amend Section 1189.06 (a)and ( reduce b) to the sign size from ten square foot to eight square foot for wall signs and projecting signs. Seconded by Councilmember Garrett. Show of hands vote: Garrett
yes, Shulman yes, Montgomery yes, Freytag yes, Vance no, Marshall no, Eisenberg
no. Four yes votes, three no votes. The motion was carried.
Roll call vote to adopt Ordinance No. 19-94 as amended: Marshall yes, Freytag
yes, Vance no, Montgomery yes, Shulman yes, Garrett yes Mayor Eisenberg yes. Six yes votes, one no vote. The Ordinance was adopted.
Ordinance No. 209- 4, A" n Ordinance To Approve The Covenant Agreement For Phase IV Of Bryn Du Woods T/ he Colony At Bryn Du,w"as reintroduced, title read, Ganadrrmeto. ved for adoption by Councilmember Freytag. Seconded by Councilmember
Roll call vote: Garrett yes, Shulman yes, Montgomery yes, Vance yes, Freytag yes, Marshall yes, Mayor Eisenberg yes.
NEW BUSINESS
Sensibilities Inc.,
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Councilmember Vance excused himself from the Council table.
Mr. Vance showed Council the color that Sensibilities Inc.,would like to paint the
exterior trim, doors, and windows. He stated that Sensibilities Inc.,would like the
downspouts to match the brick. He stated that he had gone to the Planning
Commission last Monday and they agreed with the color scheme. Mr. Vance stated that
he would like to know if he could continue with the exterior trim painting.
Mayor Eisenberg stated that the color was nice and permission was granted to
paint.
Mr. Vance showed Council the exterior lights that would be installed at the Main
Street doors. He stated that the Planning Commission did not have a problem with the
exterior lighting.
Council agreed that the fixture was nice.
Mr. Vance stated that Sensibilities Inc.,had determined it necessary to replace
the three existing doors. He stated that the existing doors aren't in real good shape and
he would like permission to replace them. Mr. Vance distributed a sketch of the
proposed doors. Mr. Vance stated that the doors would be handicap accessible. He
stated that he anticipates approximately six glass panels in the doors.
Manager Plunkett stated that a survey of the property at 118 South Main Street
had been requested by a previous Village manager which had determined that the
property line was just inside the McKivergin front porch. He stated that he had not the seen survey, however he had heard that it showed the property line inside the front porch
of that building. He stated that in his opinion, another survey is now necessary. Mr. Vance stated that he had drawn up a tentative sketch for the placement of
the HVAC units. He stated that screening has not been addressed yet because
Sensibilities Inc.,is unsure of what the Village wants. He stated that Sensibilities is still looking for some direction from Council on the location of trash and the HVAC units.
Manager Plunkett stated that he had prepared an Ordinance to appropriate
monies to repair 118 South Main Street. He stated that Mr. Vance had notified him concerning the leaking roof and the tuck pointing that needs to be replaced. He stated that as the landlord, it was the Village's responsibility to repair those defects. He stated that he had requested a third estimate on the "shed"portion of the building which he did not have back yet. He stated that he had spoken with Walt Chaney of the Newark Building Code Department who stated that if the rear section of the building was used for human occupancy, the interior walls would need insulation and to be finished. If that section was to remain for storage or that sort of thing, it would not have to be finished. Mr. Plunkett stated that hewas not sure if the lease addressed what that portion of the building would be used for.
Vice Mayor Marshall stated that he remembered clearly from the discussions of the proposal that the back section was to be used as business space. Manager Plunkett stated that Council had received two estimates to consider as well as the leaking roof and tuck pointing. He stated that Council may want to add the cost of the survey in the ordinance too.
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Mr. Vance stated that if the Village can't get the rear portion finished for $1, 000,
he was sure that his contractor would perform the work for that amount. Mr. Vance
stated that he would like to know what the time frame for getting the work done would
be?
Manager Plunkett stated that he suggests that Council put $30,000 in the
Ordinance to cover the expenses.
Vice Mayor Marshall introduced Ordinance 25-94 appropriating 2$8,000 to
Account No. Al -7-E250 for structural repairs to 118 South Main Street and
appropriating 2$,000 to Account No. Al 2- -E230 for the survey to be completed at 118
South Main Street.
Mayor Eisenberg set the public hearing on Ordinance No. 25-94 for August 17,
1994, at 7:30 p.m.
Mr. Vance questioned if there was a way that Sensibilities Inc.,could get these
projects underway?Mr. Vance stated that Sensibilities Inc.,was willing to pay for the
repairs and get reimbursed by the Village. Mr. Vance stated that he was not asking for
special favors, but these repairing issues are holding up the opening date of the store.
LaW Director Hurst stated that his gut reaction is that reimbursement by the
Village will not fly. He stated that he believed that the lease agreement clearly states
that no improvements can by made without the consent of the required authority. Law
Director Hurst stated that the lease said that no improvement can be made without
approval of Council. He stated that improvements gets added to the amortization of the building. He stated that once the Council agrees to the improvement, a financial
commitment has been made. Mr. Hurst stated that the question then becomes how much of an improvement is the Village going to allow to that building.
Mr. Vance stated that at the last meeting, he had informed Council that the cost to repair the "shed"portion of the building would be $10,000. He stated that a little
more was included in the $10,000, in case footers were needed. He stated that
Sensibilities Inc.,had more money in the building than anyone anticipated. He stated that the door in the back will need to be brought to code because it will be seen as an exit. Mr. Vance stated that he did not like to come to the landlord concerning the roof repairs, however the leaking roof needs to be replaced because its structurally damaging the building.
Councilmember Vance stated that Sensibilities Inc.,has not done anything without showing Planning Commission and Council what they were going to do. Councilmember Garrett stated that everything had been presented to the Planning Commission however, no formal application had been submitted. Mr. Vance stated that he had sat down with the Village and had been informed that formal application was not needed for things that Sensibilities Inc.,was doing to benefit the Village property. He stated that the improvements underway now are nothing that Sensibilities Inc.,can take with them when the lease terminates. Mr. Vance stated that the lease states that approval should be obtained from the Planning
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Commission, BZBA or Village Council. He stated that he had received approvals from
both the Planning Commission and Council. He stated that he is trying to be extremely
sensitive in the matter. He stated that he had not been told to make formal application
however, if that is now going to be required, he will comply.
Councilmember Garrett stated that the Planning Commission stated that the
improvements were "nice". She stated that the Planning Commission had not given
their approval on anything.
Mr. Vance stated that he would beg to differ on that.
Mrs. Garrett stated that a vote was not taken by the Planning Commission
regarding the improvements. She stated that the Planning Commission's statement that
the improvements are "nice", was not their approval.
Mayor Eisenberg stated that these are issues that Law Director Hurst will
address in his analysis.
Mr. Vance stated that he wanted to clarify that when he mentioned earlier
seeking advice from his attorney, he did not have any thought of suing the Village. He
stated that he felt he should have time to seek legal advice, and that was not meant in
any way, shape or form that Sensibilities Inc.,is planning on suing the Village.
Ordinance No. 22-94, "An Ordinance To Amend Chapter 909 Of The Codified
Ordinances Of Granville, Ohio, Establishing Tree And Landscape Regulations And To
Repeal Existing Chapter 909 Of Said Codified Ordinances," was introduced and title
read by Councilmember Garrett.
Mayor Eisenberg set the public hearing on Ordinance No. 22-94 for August 17, 1994, at 7:30 p.m.
Ordinance No. 23-94, "An Ordinance To Adopt Chapter 1193 Of The Codified
Ordinances Of Granville Establishing Tree And Landscape Requirements," introduced and title read by Vice was mayor Marshall.
Mayor Eisenberg set the public hearing on Ordinance No. 22-94 for August 17, 1994, at 7:30 p.m.
Ordinance No. 24-94, "An Ordinance Of The Village Of Granville, Ohio Approving The Transfer Of Control OF Times Mirror Cable Television Of Licking County, Inc.,F (ra"nchisee"F)r,om The Times Mirror Company To Cox Cable Communications Inc.w",as introduced and title read by Councilmember Freytag. Kevin Davis of Dimension Cable stated that he would like to ask that Council
pass the Ordinance as quickly as possible. He stated that he was present to answer any questions the Council may have concerning the ordinance.
The public hearing was set for August 17, 1994, at 7:30 p.m.
Ordinance No. 26-94, A"n Ordinance To Amend Sections IV and V Of Ordinance No. 2-89, Establishing Zoning Classifications Of Certain Properties Set Forth In Those
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Sections Of Ordinance No 2-89,"was introduced and title read by Councilmember
Montgomery.
Mayor Eisenberg set the public hearing for August 17, 1994, at 7:30 p.m.
Resolution No. 94-36"A Resolution To Authorize The Village Manager To Seek
Bids For Curbside Refuse, Yard Waste, And Recycling Materials Removal,"was
introduced, read in full, and moved for adoption by Councilmember Garrett..Seconded
by Councilmember Freytag. Resolution No. 94-36 was adopted.
Councilmember Freytag questioned whether Robert Sauer's complaint with the
power pole had been taken care of?
Manager Plunkett stated that he had spoken with Ohio Power and Dimension
Cable. Ohio Power stated that if Dimension would move their power box, they could
move the pole. He stated that he is waiting to hear back from Dimension Cable.
Manager Plunkett stated that originally, that power pole had been installed to
supply temporary-power for the construction of Wildwood Playground. He stated that
Mr. Sauer noted his complaint about the pole at that time. In the meantime, Dimension
Cable came along and placed their booster box and no one thought twice about it. Mr.
Plunkett stated that he is trying to accommodate Mr. Sauer.
Councilmember Vance, speaking on behalf of Sensibilities Inc.,asked about the
placement of the HVAC units at 118 South Main Street.
Law Director Hurst stated that he would like to see the results of the survey. He
stated that this issue could get complicated real quick.
Councilmember Montgomery asked if Mr. Vance was proceeding on the installation of the air conditioner units?
Mr. Vance stated that he had left the last Council meeting thinking that he had
permission to install the units. He stated that he had spoken with his electrician
Thursday but had asked him to hold off because he knew there was going to be problem. He stated that Sensibilities a Inc.,is waiting and trying to find out an appropriate screening. He stated that a point has been reached where there are alot of problems.
He stated that Sensibilities Inc.,has ordered much merchandise to be shipped soon. He stated that it would appear to him that there is a relationship between the landlord and tenant. He stated that obviously the landlord and tenant have obligations to each other. He stated that he is not asking for special consideration, but he has merchandise scheduled to be shipped and the building isn't going to be ready.
Law Director Hurst stated that Mr. Vance will find out something in the next few days.
Mr. Vance stated that he had other alternative locations for the placement of the HVAC units if Council was interested in seeing them. He stated that Sensibilities was willing to do whatever it takes to help eliminate the problem even if it means taking away some of the uses of the building.
1
Village of Granville
Council Meeting Minutes
August 3, 1994
Page 14
Councilmember Freytag asked Mr. Vance to leave his sketches with Council.
ADJOURNMENT
Councilmember Garrett moved to adjourn the meeting at 11: 00 p.m. Seconded
by Councilmember Montgomery. Motion carried.

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