Granville Community Calendar

Council Minutes February 1, 1995

VILLAGE OF GRANVILLE
COUNCIL MEETING MINUTES
FEBRUARY 1, 1995
Mayor Eisenberg convened the meeting at 7:33 p.m.
ROLL CALL
Those responding to the roll call were:
Councilmember Garrett
Councilmember Shulman
Councilmember Montgomery
Councilmember Bennett
Mayor Eisenberg
Vice Mayor Marshall
Law Director Hurst
Manager Plunkett
Councilmember Garrett moved to excuse absentee Councilmember Freytag.
Seconded by Councilmember Bennett. Motion earned.
PUBLIC HEARINGS
A public hearing was held on Ordinance No. 47-94, "An Ordinance To Rezone
Properties South Of State Route 16 Along Cherry Valley Road To The Zoning Classification Of Planned Commercial District."
No one appeared to speak for or against Ordinance No. 47-94. Mayor Eisenberg closed the public hearing closed at 7:34 p.m.
A public hearing was held on Ordinance No. 1-95, "An Ordinance To Amend
Section 1171. 03 (a)Of The Codified Ordinances Establishing Of The Village Of Granville, Ohio, Lot Requirements And Minimum Yards For Planned Districts."
No one appeared to speak for or against Ordinance No. 1-95. Mayor Eisenberg closed the public hearing closed at 7:34 p.m.
A public hearing was held on Ordinance No.2-95, A"n Ordinance To Amend Ordinance No 44-94 Providing For Adjustments Of The Annual Budget For The Fiscal Year 1995 And Revising Sums For Operating Expenses."
No one appeared to speak for or against Ordinance No. 2-95. Mayor Eisenberg closed the public hearing closed at 7:35 p.m.
REVIEW AND APPROVAL OF MINUTES
The minutes of the regularly scheduled meeting of January 18, 1995 were presented for review. Councilmember Shulman moved to approve the minutes as corrected. Seconded by Vice Mayor Marshall. Motion carried.
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Village of Granville
Council Meeting Minutes
February 1, 1995
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CITIZENS COMMENTS
Those signing the register were:
Nancy Graham
Richard Van Winkle
Sally MacPhail
Carolyn &Larry Huey
Richard Salvage
Gil Krone
Dan Bellman
Mary Bline Lisa K. Sandman
Genevieve Williams Frank Braunu
David &Becky Schnaidt Dave &Bonnie Britton
Jack &Judy Pyle Jim McKivergin
Ken Lynch Evelyn Frolking
Gary Stansbury Lee Larson
Genevieve Williams stated that she was in favor of Mary Bline building a building in the back of her property.
Jim McKivergin stated that as Mary Bline's neighbor and as a Granville
business person, he is in favor of her building a structure on the back of her property.
COMMITTEE REPORTS
Vice Mayor Marshall reported on the Planning Commission's January 23, 1995
meeting. At that meeting, four applications had been reviewed for sandwich board
signs. Three of the applications were approved and determined that it one rejected because it was was a permanent sign.
OLD BUSINESS
Mary Bline Appeal
Richard Van Winkle, attorney representing Mary Bline, stated that Council would be hearing two appeals from Ms. Bline; one from a decision of the Planning Commission and one from a decision of the Board of Zoning and Building Appeals, both decisions rejecting her application to construct a second building on her South Main Street site. He stated that if Council agreed, Ms. Bline would like to consider the two appeals together .
Law Director Hurst stated that the facts and the issues are basically the same, with many of the issues overlapping from the Planning Commission to the Board of Zoning and Building Appeals and vice versa. He stated that the two appeals can be heard together but Council would need to render two separate decisions within 10 days of the hearing.
Mr. VanWinkle reviewed the history of the appeals. He stated that he appreciated Council's position regarding the appropriateness of boards and commissions to which Council appoints the members. He stated that he recognized that
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the members of the board serve with the concern and the good of the community in
mind, however, often times things have to be looked at in different perspectives.
In August of 1994, Ms. Bline made application to the Planning Commission for
review of the separate Carriage House proposed to be built at the rear of the property
which then would house Greystone Antiques. The present structure is located in the
business district as a nonconforming residential use. In August, Ms. Bline submitted the
necessary application for review. The proposed structure would be 1, 920 square feet
and Ms. Bline would continue to operate her office for the painting business from the
existing residential structure. On August 15, 1994, the Planning Commission reviewed
the application and found the proposed lot coverage would be 74%with the new
structure and that there would only be five parking spaces. The Planning Commission
denied the application because of the building mass, traffic and parking problems, and
the possibility that the business would quadruple.
Mr. VanWinkle stated that Ms. Bline was concerned with the parking and sought
a parking variance from the Board of Zoning and Building Appeals. On October 25,
1994, the BZBA denied Ms. Bline's application for a parking variance. On September
20, 1994, a memo had been circulated by the Village Planner in which he stated that an
error had been made in calculation of the lot coverage. It was determined that the lot
coverage would be 59.5%instead of the 74%originally calculated. When the issue
initially appeared before Council on the first appeal date, it was agreed by both Ms.
Bline and Council to send the issue back to the Planning Commission for consideration
because of the error. On October 3, 1994, the Planning Commission reconsidered the issue and concluded that the application would be denied for three reasons: the
building massing was to dense for the lot; traffic accessibility and parking would likely become a problem, and the building configuration would likely quadruple the business. Ms. Bline then appealed to the Council for the hearing now underway.
Mr. Van Winkle stated that some questions had been raised at the Commission Planning meeting regarding the boundaries of Ms. Bline's property. Mr. VanWinkle handed Council several drawings with the proposed building and the property boundaries.
Mary Bline stated that she wanted to build a separate building to house her antique shop so that she could separate her personal life from the business. She stated that when she had bought the property, she had just lost her job and couldn't afford to purchase two separate buildings. She stated that she now needed to get her business separated from her personal life. She stated that the Bline Painting business will still be operating out of the existing structure and the craft and antiques would be operating in the new proposed structure. She stated that neither traffic or the amount of customers will increase with the new structure. She stated that there will be a lighted sidewalk in the front of the existing structure to take one around to the back to enter. She stated that the area will be well landscaped and the existing shed in the back will be removed. The new structure will be a Williamsburg Colonial style with cedar siding which will fit in with the existing house.
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February 1, 1995
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Mayor Eisenberg stated that there had been some misunderstanding of what
massing of the structure had meant. Mayor Eisenberg asked if someone from the
Planning Commission could explain the meaning of the terms?
Planning Commission member Larry Huey stated that the general feel of the
commission was the size and height of the proposed structure would occupy too much
space. Mr. Huey stated that in many cases, the Commission relied on judgment calls.
Councilmember Bennett questioned if any acceptable alternative plans were discussed?
Ms. Bline answered no.
Mr. Huey stated that matters other than the findings of fact had not been
discussed because the commission felt at the time there was not a need to discuss
them if the minor issues couldn't be solved.
Law Director Hurst stated that the Planning Commission had an obligation to
present the findings of facts based on decisions set forth in the findings of fact. He
stated that it wasn't appropriate for Council to discuss all issues that were not formed
in the basis for decisions related to the findings of facts.
Mr. VanWinkle stated that he did not know the factual basis of the conclusion
that the building mass is too dense. He stated that he did not want to be argumentative
but wanted to know the factual basis for the conclusion. He stated that he did not know
what "too dense"meant. He stated that other structures in the area cover the entire lot.
Mayor Eisenberg stated that the building massing had to do with the
characteristics delineated in 1161. 05 (b)of the Codified Ordinances. He commission stated that the is mainly concerned with the relationship to the surrounding buildings.
Mr. VanWinkle stated that the commission found that parking and traffic would be a problem. He stated that Ms. Bline was concerned with the parking and went to the BZBA to address the issue.
Ms. Bline stated that her property could be reached from the back alley. She stated that there is legal access to the back of the property. She stated that there were five parking spaces in the back, and people could walk in from the front or back. She stated that from the front of the property, one will not know that the new structure is present.
Mr. VanWinkle stated that the front of the existing structure will not change. Councilmember Garrett stated that the Planning Commission interpreted the zoning code as saying that if Ms. Bline sells the property the new owner could open a restaurant business without coming back to the Planning Commission for approval. She stated that a restaurant would need much more parking and that is one of the reasons the Commission denied the application. She stated that the commission won't have control over the next use of the property.
Mr. VanWinkle stated that the master plan calls for the area from Broadway along South Main Street to the Old Colony Burying Ground to be commercial. Vice Mayor Marshall asked what would happen to the property if it sold with the new structure on it?
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February 1, 1995
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Mr. Tailford stated that the new owner would have to go back to the Planning
Commission for a variance if the parking needs for the new business were to be
increased.
Vice Mayor Marshall stated for an examplethat the Village Coffee Shop recently
took over the old Tole House property. He stated that the Coffee Shop needs many
more parking spaces than the Tole House. He stated that because it was a change of
use, no one could do anything about it. He stated that the Coffee Shop needs more
parking but it seems to get along.
Mr. VanWinkle stated that Council had to face the fact that the square footage
relationship in the code is not fair. He stated that for example, an auto store can have
one parking space per 600 square feet and a bank one parking space per 400 feet of building square space. He stated that he did not want to argue those items he just
wanted to point out that they were unfair.
Ms. Bline stated that she had 5 parking spaces in the back of her property which
were seldom used. She stated that there are 24 spaces on the street, however, many people don't know that they can park on the street. She stated that she has never had
complaints from her customers that there was not enough parking. She stated that she advertises weekly in the paper and on the radio and always mentions that there is parking in the rear of the building.
Jim McKivergn stated that he is knowledgeable on parking because he is a consultant for Jabcobs Group who works on parking for shopping mails. He stated that
as an everyday observer, there is only one time when parking is a problem and that is
on Sunday morning from 10:30 a.m. to 12:00 p.m. when church is in session. He stated that his business and Sensibilities Incorporated's parking lots are not full other than during church hours.
Ms. Bline stated that she had done a survey of businesses in the area and discovered that Dr. Raker had 6 parking spaces, the Sentinel has 9, the funeral home has 5 and Dr. Avery has 5.
Law Director Hurst stated that under Section 1137.01 b( )t,he Council can uphold, reverse, or modify the decision of the commission if it is determined that the facts presented are different from the findings of facts. He stated that the appeal may be returned to the commission or board for further discussion. He stated that Council would have to act tonight on both the Planning Commission appeal and the BZBA appeal.
Councilmember Shulman stated that he was personally not bothered by the additional building on the property. He stated that it bothered him that the property had a grandfathered use.
Ms. Bline stated that she lives in Granville and has every interest of Granville at heart. She stated that she pays taxes to Granville and if she had a choice she would not be putting herself through this situation. She stated that she is not asking for anything other people in Granville do not currently enjoy. She stated that she has been willing to compromise and that the neighbors have all been willing to share their
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February 1, 1995
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parking spaces with her. She stated that she was interested in maintaining a home that
is aesthetically pleasing and preserved the history of Granville. She stated that she has
serious health problems which prohibit her from going elsewhere to get a job. Because
of her health problems, she will be paying over $1, 200 a month for health insurance.
She stated that she was not asking for anything that would harm the Village in anyway.
She stated that she contributes to the schools, to the churches and to the police
department. She stated that she is not asking for sympathy, she wanted Council to
understand how important it was to her, not to make more money but to separate her
personal life from the business. She stated that 90%of her customers were Granville
residents.
Vice Mayor Marshall stated that the parking situation may have been over
emphasized. He stated that there are other business in the Village which could use
more parking spaces like the coffee shop and the new tanning business which has zero parking spaces.
Councilmember Bennett stated that he agreed with Vice Mayor Marshall. He
stated that one of the biggest reasons people come to Granville is because of the
shops. He stated that one of his biggest reservations had been concern over the
successor to Ms. Bline's ownership of the property. He stated that now that the
situation can be taken care of, he does not see a problem with it.
Councilmember Montgomery stated that the structure on the property already being used now is as a mixed business. She stated that the concerns of the future the
zoning code can accommodate. She stated that she would be inclined to support the appeals.
Councilmember Shulman stated that the business is now a store front. He stated
that the ultimate goal of zoning was to someday have the entire street commercial. He stated that he did not think that parking is a problem. He stated that if no one has
concerns about the front structure becoming residential, he didn't.
Mayor Eisenberg stated that he had a suggestion for consideration concerning the two appeals. He stated that Council could overturn the decision of the Board of Zoning and Building Appeals and consider granting the appeal of the Planning Commission with the stipulation that Ms. Bline agree to specify the zoning destination as VBD-B.
Law Director Hurst stated that the property is still zoned VBD. He stated that the Blines'have a non conforming use which will disappear when the property is sold. He stated that Council should just agree that the use of the property within the zoning be specified. He stated that a modification of the Planning Commission's decision and a granting of an appeal on the variance from the BZBA is what Council needs to do. He bsteatreedcothrdaetdth. e decision will be reduced to writing and the property's designated use will
Mayor Eisenberg reminded Ms. Bline that the granting of the appeal did not automatically mean acceptance of the building and she would still have to go through the Planning Commission for architectural review.
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Board of Zoning and Building-Appeals member Gil Krone stated that as a
courtesy to the BZBA, Council should prepare a written statement to the board
explaining why the Board had been in error so they will know exactly what materials
were discovered to change the decision of the board.
Mayor Eisenberg stated that it was not necessary because the decision did not
imply that·the.BZBA had made an error. He stated that Council took into consideration
subjective criteria and are not implying the board made an error.
Vice Mayor Marshall moved to adopt Resolution No. 95-07, A Resolution
granting A Variance From Parking requirements And Reversing The Decision Of The
Board of Zoning And Building Appeals. Its adoption was seconded by Councilmember
Montgomery. Motion carried. Resolution No. 95-07 was adopted. (Councilmember
Garrett opposed).
Mayor Eisenberg stated that the decision of the Planning Commission in the
matter of Mary Bline be modified with stipulations. The stipulations are: the new
structure must go through the Planning Commission for architectural review; that the
property carry the zoning classification of VBD-b.
Councilmember Garrett moved to adopt Resolution No. 95-08, A Resolution
Granting Application To Construct A Building With Conditions And Stipulations.
Seconded by Vice Mayor Marshall. Motion carried. Resolution No. 95-08 was adopted.
Law Director Hurst stated that the zoning of the property would be set forth in the
Village records.
Welsh Hills School
Mayor Eisenberg stated that Welsh Hills school was again requesting waiver of
public use fees at their new location on Newark Granville Road.
Manager Plunkett stated that Council will not have the authority, under
ordinance, to waive the fees until February 18. He stated that Council had told the
Welsh Hills School they would have a decision on February 1 and if the school did not
hear a response, that would imply that the waiver is granted. He stated that the staff
had recommended that the pubic use fee not be waived.
Vice Mayor Marshall stated that there had been some discussion concerning the public use of the athletic fields in return for waiver of the fees connection for or an easement for a a bike trail.
Councilmember Bennett asked if Council could pass a resolution to waive the public use fees effective on a certain date?
Mayor Eisenberg stated that that would be possible. He asked what the total amount of the public use fee was?
Village Planner Doug Tailford answered $ 9,155.36.
Councilmember Garrett asked if Council had ever waived fees for anyone else? Manager Plunkett stated that there had been provisions in the zoning ordinance to waive fees for Dension, churches, and schools. He stated that when the code was reconstructed, the ordinance eliminated those waivers.
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Councilmember Shulman asked if Spring Hills Baptist had had fees waived?
Evelyn Frolking of Welsh Hills School stated that they have 12 acres of land and
their building is approximately 1,500 square feet. She stated that the soccer field is
green field and the school in a sense is preserving alot of green space.
Mayor Eisenberg stated that he remembered some discussion of a bike path
connection in lieu of the fees.
Ms. Frolking stated that it is uncertain what the school would be doing. She
stated that she didn't think there was any reason that the school couldn't work with the
community.
Vice Mayor Marshall asked if meeting space would be available to specific
organizations?
Ms. Frolking stated that the Munson House was one of the oldest houses in
Licking County and alot of expense and energy had gone into moving it. She stated
that when the renovation first took place, it was found that the beams inside were not
new but they had been salvaged from yet another, older house. She stated that the
history of the Munson House is extraordinary and that there is meeting space available
and the school is beginning to ponder all of the possibilities, but at this time it is not
known what will be available.
Councilmember Garrett reminded Council that the waiver of public use fees
would be a $9,000 contribution to the Welsh Hills School. She stated that there are not
alot of entities Council would be willing to give $9,000 to without getting something in return.
Councilmember Bennett stated that the Village will be getting the Munson House
and green space with no neon signs. He stated that protecting the history of the
Munson House Granville. was important and the house certainly fit in with the aesthetics of
Councilmember Garrett stated that she has nothing against the school, she was just making a point.
Councilmember Bennett stated that Granville is identified with its great schools. Mayor Eisenberg stated that there was considerable discussion about a bikepath connection.
Village Planner Doug Tailford stated that he had proposed that the bikepath run beside the driveway of the school because that is the pathway that most people will use. He stated that the trail will end basically at the school's driveway. He stated that if an easement was granted, there would be no liability to the school.
Mayor Eisenberg stated that if the Council waived the fees for the school, there would have to be a tangible return from the school to deflect criticism. He stated that he would like to see the easement for the bikepath granted.
Ms. Frolking stated that at the last meeting, Council had said they were no longer interested in the bikepath connection.
Councilmember Shulman stated that he might go along with the waiver because the school will be setting on 12 acres that will not turn into housing or some business
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February 1, 1995
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with neon signs. He stated that the school would be maintaining a historical structure
which is adding to the aesthetics of Granville.
Vice Mayor Marshall agreed.
Councilmember Garrett stated that she would like to see the school act in good
faith and make some of the school property available to the public.
Councilmember Montgomery stated that she was torn on the issue. She stated
that both sides made real good points. She stated that she is always concerned with
setting precedence, and as yet just didn't know on this issue.
Councilmember Bennett moved to waive the public use fee for Welsh Hills
School to take effect on February 17, 1995, with the intention that the school will act in
good faith to let the community use the facilities. Motion seconded by Vice Mayor
Marshall.
Roll call vote: Garrett yes, Montgomery yes, Bennett yes, Shulman yes,
Marshall yes, Mayor Eisenberg yes. Six yes votes, one member absent, the motion carried. was
Ordinance No. 47-94, "An Ordinance To Rezone Properties South Of State
Route 16 Along Cherry Valley Road To The Zoning Classification Of Planned
Commercial District," was introduced, its title read, and moved for adoption by Councilmember Garrett. Seconded by Councilmember Bennett.
Councilmember Shulman stated that he would have to vote no on the Ordinance
because in his opinion, Granville does not need to do anything to provoke the speed at which land will be developed.
Roll call vote: Garrett yes, Shulman no, Montgomery yes, Bennett yes, Freytag absent, Marshall yes, Mayor Eisenberg yes. Five yes votes, one no vote, one member absent. Ordinance No. 47-94 was adopted.
Ordinance No. 1-95, A"n Ordinance To Amend Section 1171. 03 (a)Of The Codified Ordinances Of The Village Of Granville, Ohio, Establishing Lot Requirements And Minimum Yards For Planned Districts,w"as introduced, its title read, and moved for adoption by Councilmember Shulman. Seconded by Councilmember Montgomery. Councilmember Garrett questioned why the change was needed.
Village Planner Doug Tailford stated that under the present code there had not been planned commercial zoning for lots between five and ten acres. Law Director Hurst stated that he did not understand why one would impose a minimum of five acres. He stated that Council had just rezoned properties to PCD and only three of them equal the five acres.
After a discussion, Councilmember Garrett moved to table Ordinance No. 1-95. Seconded by Councilmember Bennett. Motion carried. Ordinance No. 1-95 was tabled.
Ordinance No. 2-95, A"n Ordinance To Amend Ordinance No 449-4 Providing For Adjustments Of The Annual Budget For The Fiscal Year 1995 And Revising Sums
Village of Granville
Council Meeting Minutes
February 1, 1995
Page 10
For Operating Expenses," was introduced, its title read, and moved for adoption by
Councilmember Montgomery. Seconded by Councilmember Bennett.
Manager Plunkett stated that an additional appropriation had been added to the
Ordinance in order to purchase a replacement police cruiser. The Village received bids
on a cruiser which had come in lower than the state bids.
Roll call vote: Garrett yes, Shulman yes, Montgomery yes, Bennett yes, Freytag
absent, Marshall yes, Mayor Eisenberg yes. Six yes votes. Ordinance No. 2-95 was
adopted.
NEW BUSINESS
Mayor Eisenberg stated that there were two vacancies that needed to be filled
on the Planning Commission: the school board member appointee and a member at
large.
Manager Plunkett stated that Richard Salvage is the school board's
recommendation.
Mayor Eisenberg stated that he saw a problem with Mr. Salvage being appointed
to the Planning Commission.
Law Director Hurst stated that the ordinance states that the Council must accept
the school's designated representative.
Mayor Eisenberg stated that he had the highest regard for Richard Salvage and
he had worked tirelessly for the school board. He stated that Mr. Salvage is a
developer and given the mood of the community, there is a possibility of the public
perception being "allowing the fox to guard the hen house."
Councilmember Shulman stated that he would like to commend all the applicants
who had expressed interest in the Planning Commission seat. He stated that although
he would have liked Karen Frasca to have the opportunity to serve, the Village
shouldn't pass up the opportunity to have a professional planner on the commission.
Mr. Shulman stated that Keith Myers would be his choice for the vacant Planning Commission seat.
Vice Mayor Marshall and Mayor Eisenberg agreed. .
David Schnaidt stated that he had written a letter to Council expressing interest in his the vacant Planning Commission seat. He stated that he did not have the experience of a Planner and was basically going on the fact that he was a confident, coherent, long time member of the community who plans on being in Granville for the rest of his life. He stated that he would like to let Council know of his interest and willingness to serve on the commission and perhaps in the future Council can call on him to serve.
Mayor Eisenberg stated that he appreciated the fact that Mr. Schnaidt had been 1 willing to serve, and apologized that Council could not call on him to serve at this time.
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Resolution No. 95-04, "A Resolution To Fill Vacancies On The Planning
Commission," was introduced, read in full, and moved for adoption by Councilmember
Shulman. Seconded by Vice Mayor Marshall. Motion carried. Resolution No. 95-04 was
adopted.
Resolution No. 95-05, "A Resolution Of Appreciation To Jurgen Pape", was
introduced, read in full, and moved for adoption by Councilmember Garrett. Seconded
by Councilmember Shulman. Motion carried. Resolution No. 95-05 was adopted.
Resolution No. 95-06, "A Resolution To Award The Bid For The Purchase Of A
New Police Cruiser, And To Authorize The Village Manager To Enter Into A Contract
With Matthews Ford Therefor,"was introduced, read in full and moved for adoption by
Councilmember Montgomery. Seconded by Vice Mayor Marshall. Motion carried.
Resolution No. 95-06 was adopted.
Ordinance No. 3-95, "An Ordinance To Amend Section 313.11 Of The Codified
Ordinances Of The Village Of Granville By Adding A New Subsection Prohibiting Right
Turns On Red At The Northbound tntersection Of Cherry Valley Road At And State
Route 16", was introduced and title read by Vice Mayor Marshall.
Mayor Eisenberg set the public hearing on Ordinance No. 3-95 for February 15,
1995, at 7:30 p.m.
Councilmember Shulman asked if a discussion was needed concerning SuperAmerica and Bob Evans?
Manager Plunkett stated that he had asked representatives from SuperAmerica
and Bob Evans to attend the next Council meeting to discuss the matter.
Councilmember Shulman stated that he was not in favor of granting any of requests the from SuperAmerica or Bob Evans. He stated that the last developers did not receive any waiver of fees.
A joint meeting with the Planning Commission was set for Monday, February 27, 1995, at 7:00 p.m.
ADJOURNMENT
Councilmember Bennett moved to adjourn the meeting at 11: 00 p.m. Seconded by Vice Mayor Marshall. Motion carried.

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