Granville Community Calendar

Council Minutes June 7, 1995

VILLAGE OF GRANVILLE
COUNCIL MEEWNG MINUTES
JUNE 7,1995
CALL TO ORDER
Mayor Eisenberg convened the meeting at 7:38 p.m.
ROLL CALL
Those responding to the roll call were:
Councilmember Shulman
Councilmember Montgomery
Councilmember Bennett
Vice Mayor Marshall
Mayor Eisenberg
Law Director Hurst
Councilmember Bennett moved to excuse absentee Councilmember Garrett. Seconded
by Councilmember Montgomery. Motion carried.C (ouncilmember Freytag and Manager Plunkett arrived late.)
PUBLIC HEARINGS
A public hearing was held on Ordinance No. 129- 5,A "n Ordinance To Add
Section 1176.04 e( )To The Codified Ordinances Of The Village OfGranville To Provide For Planning Commission Review OfFences,Walls,Or Barriers Within The Transportation Corridor Overlay District T( COD)".
No one appeared to speak for against Ordinance No. 129-5. Mayor Eisenberg closed the public hearing at 7:39 p.m.
A public hearing was held on Ordinance No. 159- 5,A "n Ordinance To Amend Ordinance No. 449-4 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. 159-5. The public hearing closed at 7:40 p.m.
REVIEW AND APPROVAL OF MINUTES
The minutes ofthe regularly scheduled May 17,1995,Council meeting were presented fVoircereview. Councilmember Bennett moved to approve the minutes as submitted. Seconded by Mayor Marshall. Motion carried.
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Council Meeting Minutes
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The minutes of the Annual Union Cemetery Meeting of Village Council and Township
Trustees as required by Ohio Revised Code Section 759.34 were presented for review. Vice
Mayor Marshall moved to approve the minutes as corrected. Seconded by Councilmember
Bennett. Motion carried.
CITIZENS COMMENTS
Those signing the register were:
Mark Zarbaugh
Karl Sandin
John Kessler
Gary Wilcox
L.P. Case
Jane Heller
Jim Jung
Ruth Owen
Dan Bellman
Kristen Pape
Joan Hawkins
Tom Conner
W. Lavender
Earl Hawkins
Arnold Shaheen
Herb Murphy
JoAnne Woodyard
Keith Ward
Tim Klingler
Frank Edie
Tim Hughes
Cindy Schemaker
Ed Mobley
Mary Fellabaum
Mary Kay Roberts
William Wilson
Elaine Nailing
Ed &Kay Vance
Dave Tumbas
Denise Grout
Odke Keiderling
Jacquline Wilson
Kim Zeune
Eloise DeZwarte
Pat Scarpitti
Jack Grove
Frank & Kay Murphy
Sam MacKenzie -Crane
Ralph L&inda Swartz
Gil Krone
Steve Cartnal
Larry Huey
Betty Case
Lon Herman
Odke Keiderling stated that he had been working in environmental protection for over 20 years and that he agrees with the Board ofZoning and Building Appeals'decision to deny the request ofthe Marathon Station. He stated that there are several issues concerning stage one and two vapors involved and he is currently skeptical that the Marathon Station will follow through with their intent. He expressed concern with automobiles producing toxins and stated that light pollution would be another problem in the area and that the natural darkness ofthe night was a human right. He stated that in his opinion,the Marathon Station would be an insult and would be a hazard to the environment.
Karl Sandin of 332 E. College Street stated that the language in the criteria ofthe Granville Codified Ordinances Section 1145.33 d( )was fairly restrictive and states that the proposed use should not be detrimental to the community or cause a nuisance to persons or property. He stated that he drives by the State Route 16C/herry Valley Road intersection several times a week and traffic is bad in that area and the Marathon station will only add to the problems. He stated that if one puts a convenience store next to Wendy's and assumes that it will not create a large increase in traffic they are wrong. He stated that traffic is going to be tahreealalnpgruoabgleemininthtehaotrdairneaanacned. he urged the Village Council to take a clear head reading on
Dr.Scarpitti,who has a family practice on the northeast corner ofthe Cherry Valley Road and State Route 16 intersection,stated that he echoed the sentiments already stated
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earlier and that Council should have a broader view of the problem once the development is
fully undertaken. He stated that in his opinion,it was a mistake to allow access in such a
short distance to the intersection and any solution made needs to be looked at carefully. He
stated that Council should especially look at the entrance and exit from the driveway and
perhaps it would be better if there was a one way entrance and service road to Galway Drive.
He stated that he is not particularly against development but Council should abide by the
BZBA ruling and should study the area. He stated that he was concerned for the safety of his
patients especially at high traffic times.
Keith Ward stated that he agreed with everything stated earlier. He stated that he
would like to raise two issues that go beyond the decision Council will be making today. He
stated that the first issue was overdevelopment. The people in Granville are concerned about
development. A few years ago,after much input from the community,a master plan was
produced to address development issues. He stated that the plan addressed most issues but did
not focus on what is currently happening in Granville. He stated that Newark Granville Road
was looking more like Worthington and Dublin everyday. He stated that his concern was
addressing what is happening today. With the proposed Marathon and Convenience store,
development may be happening too fast and may affect Granville in a detrimental headed toward way, overdevelopment. Mr. Ward stated that his second point is concern about how
the appeal would address the long range issues that go beyond the present time. He stated that
long range traffic studies have been done,but one needs to be able to look at what will
happen in 10 to 20 years. He questioned when Cherry Valley Road will have to be expanded
from its present two lanes and when will Newark-Granville Road need to be four lanes?He
stated his encouragement to Council to control the development now and not decide later that they've made a mistake.
Earl Hawkins stated that he had purchased a condo in Erinwood fully aware of
development next to his property. He stated that he was under the understanding that small
boutiques and small dress shops would be the only development in the area and thought it would be nice to live in a " New Englandy" type atmosphere. He stated that a Marathon
Station was not a small boutique and the traffic on Galway Drive will increase dramatically and the road is not made to handle all the traffic. He stated that ifCouncil supported the appeal,what would happen when the next applicant wanted to put in a supermarket next door. He stated that a Marathon would be an inappropriate change to the area and would be a high nuisance and interfere with the atmosphere next door to his residence.
Frank Eddy stated that in his opinion,the Marathon Station is inappropriate. He stated that everyone knows Wendy's was a mistake and Granville didn't need another mistake. He stated that now was the last opportunity to consider Granville's destiny and ifwe can keep the green of Granville,we should.
Jim Young stated that he supported everything that had been said earlier and he saw no need for a gas station when Granville already had Sunoco and a BP station down the street. He stated that ifdevelopment must come it should be in the form ofboutiques that fits
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Granville's unique community. He stated that the gray concrete environment is not what the
people of Granville want to see.
Jane Heller stated that she agreed with everything said earlier in the meeting. She
stated that her concern was the light pollution and in her opinion,the lights are very offensive.
Mary Roberts stated that she lives across the street from the proposed development and
askedw "ould anyone want to live across the street from something like the proposed Marathon Station?"
Elosie Dezwarte stated that she agreed with everything stated earlier especially the
traffic and lighting concerns. She stated that the proposed Marathon Station is not just a gas station and a convenience store,it would be a car wash too and she thought that was excessive.
Ed Vance stated that he thought that Council should be asking questions of the
applicants addressing who is going to own and operate the station and question the uses of the
property such as,are all the uses multiple uses or conditional uses?He stated that Council
should be sure that if a use is granted,Council is not at the same time approving any other
variances. He stated that section 1145.03 ofthe Codified Ordinances speaks of a development being a nuisance or hazard to persons or property.Mr. Vance stated that the code says that if the development is a nuisance to one person,that is reason for denial of the plans. He stated that he was not sure if the Marathon station was an appropriate use for the property in that
Maraeraa.tMhorn. Vsatantcioena. lso expressed his concern with the traffic that would be generated by the
Herb Murphy stated that Council had approved a comprehensive study that dealt with land use in that area. He stated that many consultants had been called upon to guide Granville into devising the comprehensive plan. The plan recommended that a small section of land around the Cherry Valley Road area be commercial. He asked how one could say that development is inappropriate in an area zoned commercial?
Jo Ann Woodyard stated that she had chosen Granville to live in for various reasons, and she is strongly against the Marathon Station. She stated that Council needed to be concerned with how the Village is going to look in ten to twenty years. Board ofZoning and Building Appeals member Dan Bellman presented a map to Council highlighting the commercially zoned properties. He stated that Granville was a treasured town,unique in its deliberations,and he encouraged Council to ask questions and make a careful decision concerning the Marathon Appeal. He stated that he is not saying that he is against commercial development,however many questions need to be answered. Law Director Hurst stated that ifCouncil determines that the facts as presented by the appellant are substantially different from the facts as determined by the BZBA when they had the issue before them,Council does have the ability to return the matter to the BZBA to be reconsidered in light of the new or different facts.
Ralph Swartz stated his concern with the traffic in the area once the Marathon Station is in place. He stated that Council should carefully consider the traffic issue.
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Tim Hughes stated that he was in agreement with everything that had been stated
earlier. He stated that he hoped that Council makes a careful decision and that it was obvious
that people didn't want the project. He stated that he was part ofthe making of the master
plan several years ago and when the area was approved for business,it was assumed that the
area would be used for boutiques type stores rather than fast food restaurants. He stated that
his biggest question was d"oes Granville need this type of development?"
COMMITTEE REPORTS
Councilmember Bennett reported on the June 5, 1995 Planning Commission meeting.
At that meeting four applications were considered and all were approved. The commission
approved an application submitted by Dave Longaberger to rezone the Bryn Du Mansion
from commercial to residential. Ron Sheldon from Holophane had been present and indicated
his company's lighting engineers'willingness to assist in the studies of street lighting. Mr.
Bennett stated that the commission agreed to pass to Council that the Marathon Station
addressed eight areas of suggested change and had successfully addressed those issues with
the Planning Commission. He stated that the Planning Commission did not take a position on the matter however,their comments were that the plans were a much better set than originally
submitted and that the plans were as good as we're going to get. The Commission stated that
the developers were easier to work with than most businesses.
Mayor Eisenberg stated that Council was dealing tonight only with the issue of the
conditional use from the BZBA for Marathon. He stated that all other development issues
would have to be approved by the Planning Commission. He stated that ifthe Conditional Use
should be granted tonight,it is not the final opportunity to speak for the issue. He stated that the application submitted by Mr. Longaberger requesting to rezone the Bryn Du Mansion to residential would mean that a very large tract of land would be taken out of commercial districting.
OLD BUSINESS
Ordinance No. 129- 5,A "n Ordinance To Add Section 1176.04 e( )To The Codified Ordinances Of The Village OfGranville To Provide For Planning Commission Review Of Fences,Walls,Or Barriers Within The Transportation Corridor Overlay District T(CODw)a,s"reintroduced,title read,and moved for adoption by Councilmember Shulman. Seconded by Vice Mayor Marshall.
Roll call vote: Garrett absent,Shulman yes,Montgomery yes,Bennett yes, Freytag absent,Marshall yes,Mayor Eisenberg yes. Five yes votes,two members absent. Ordinance No. 12-95 was adopted.
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Ordinance No. 159- 5,A "n Ordinance To Amend Ordinance No. 449-4 Providing
For Adjustments Of The Annual Budget For The Fiscal Year 1995 And Revising Sums
For Operating Expensesw"a, s reintroduced,title read and moved for adoption by
Councilmember Bennett. Seconded by Councilmember Montgomery.
Roll call vote: Freytag absent,Bennett yes,Montgomery yes,Shulman yes,
Garrett absent,Marshall yes,Mayor Eisenberg yes. Five yes votes,two members absent.
Ordinance No. 15-95 was duly adopted.
Ordinance No. 13-95 -An Ordinance To Amend Section 505. 11 Of The Codified
Ordinances Of The Village Of Granville.
After a brief discussion,Councilmember Bennett moved to remove Ordinance No. 13-
95 from the table. Seconded by Vice Mayor Marshall.
Mayor Eisenberg set the public hearing on Ordinance No. 13-95 for June 21, 1995,at 7:30 p.m.
Councilmember Freytag arrived.
Aetna Life Insurance Representative
Tom Conner of Aetna Insurance was present to answer any questions Council might have regarding deferred compensation for Village employees.
Mayor Eisenberg stated that he had read the material sent out by Mr. Conner and had
spoken to the Village staff'and all of his questions had been answered concerning the deferred
compensation program. Council agreed that the material had explained all the questions they had had.
Resolution No. 952- 5,A "Resolution To Authorize The Village Manager To Execute An Agreement And Other Relevant Documents With The Aetna Life and
Annuity CompanyC."ouncilmember Montgomery moved to remove Resolution No. 95- 25 from the table. Seconded by Councilmember Bennett.Motion carried. Resolution No. 95-25 was adopted.
NEW BUSINESS
Marathon Appeal
Law Director Hurst stated that under Chapter 1137.01 d( )of the Codified Ordinances Council is responsible to hear and decide appeals from the Board ofZoning And Building Appeals and from the Planning Commission. He stated that in that regard, Council must be advised by the Law Director and the Village Manager that the appeal procedures have been completed. He stated that he had conferred with the Manager,and Council is advised the matter is properly before them for consideration. Council received the findings offact by the board and received a certain amount ofinformation that had
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been considered by the Planning Commission in its independent consideration of the
issue. The status on the Planning Commission matter is not before Council on the appeal
from the BZBA. Council is required to hear the appeal within 30 days after the appeal has
been filed and must render a decision within 10 days. Council may uphold,reverse,
modify,or remand the decision to the BZBA for further consideration if it is found that
the facts presented are substantially different from the findings of facts as determined by
the BZBA.
Arnold Shaheen,attorney for the applicant,stated that the applicants want to
construct a building to sell Marathon products. He stated that a representative of
Marathon is present on behalf of Marathon,and Gary Wilcox who conducted a traffic
study for the applicants is present to answer any questions concerning traffic. The
applicants share the concerns of the residents of Granville and know from personal
experience that people are protective of the environment and quality of life. An effort to
create a business which contributes to the community in a sound,architecturally pleasing
way and one that creates a benefit to the Granville community has been made. The
applicants have worked well with the Planning Commission in making changes they
deemed appropriate in order to make the plan more acceptable to Village Officials. As result of the discussions with the Planning a Commission on June 5,certain changes have
been agreed to which were suggested by the Planning Commission.Namely the changes
are: the four bay gas pump station has been reduced to three;some markings on the
building have been removed;and the round windows have been changed to square windows. At the request of the BZBA,the store was moved ahead to limit the blacktop
area.A change has been made to improve traffic at the request of the Planning
Commission to improve the ingress and egress and will also help the Wendy's traffic as well. The applicants are willing to share the cost of adding a middle turn lane on Cherry Valley Road and both the Village's and Marathon's traffic engineers believe that the development will not add significantly to the traffic flow.
Mr.Shaheen stated that the primary concern of the BZBA had been the traffic flow situation.He stated that Mr.Wilcox had not been available for the BZBA meeting, but he is now ready to answer any questions. Mr. Shaheen stated that he believed that the traffic situation could be easily addressed. He stated that the applicants have worked very closely with the commissions in order to develop a good plan,and they want to be good citizens and build a good project.
issue. Mayor Eisenberg stated that most of the BZBA's concerns were with the traffic
GaryWilcox,Traffic Engineer,stated that he had not received anything from the Village's traffic engineer and couldn't respond to his questions but,he had reviewed all the work and did not have any exceptions to the procedures. He stated that ifa left turn lane is added,it would improve the traffic situation significantlyM.. r.Wilcox explained
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the current traffic situation in the area and how the Marathon Station would affect that
area.
Mayor Eisenberg stated that several recommendations had been made by Doug
Tailford referring to the traffic situation. He stated that he supported those
recommendations. Mayor Eisenberg asked if the plan presented to Council was the same
exact plan that was presented to the BZBA?
Doug Tailford stated that the main building had been moved forward to eliminate
asphalt,the canopy over the pumps had been moved to the side,the car wash was moved
to the rear,and a second access to the rear alley was added
Mayor Eisenberg asked if those changes were presented to the BZBA?
Mr.Tailford respondedn "o"H.e stated that the questions and concerns of the
Planning Commission and site plan did change from what the BZBA had seen. Several traffic concerns were discussed. Councilmember Freytag pointed out that
the traffic study performed had only included the gas station and convenience store and
not the car wash.
Mayor Eisenberg stated that the noise issue of the car wash and the litter and trash issue had also been a concern of the BZBA.
Mr.Shaheen stated that there will be several on site trash receptacles and a dumpster for the store's use. He stated that the applicants will control the trash in the area because image is important to the success of the business. As far as the noise of the car wash,the noise was monitored and registered a decibel level of five.
Mayor Eisenberg stated that he had formed an opinion at this point. He stated that
in his opinion,litter is not an issue and the traffic concern has changed significantly since the BZBA hearing. He sated that the fact that a traffic engineer had not been present at the BZBA meeting was disturbing. He stated that in his opinion,the matter should be remanded to the BZBA.
Vice Mayor Marshall stated that the BZBA had chosen to disregard the two professional reports presented to them and therefore should have traffic engineers available at the next hearing to express opinions.
Councilmember Montgomery agreed. She stated that if the residents in the area were ofthe impression that a New England style ofbusiness were going to be built,she is not sure that the Marathon should happen in the area.
Law Director Hurst stated that any given development is permitted to have the conditional uses set forth in the Surban Business District regulations. He stated that those auslleoswceoduld be everything from a meat market to a drug store.Mr.Hurst then read the uses under the Surban Business District regulations.
After a discussion,Vice Mayor Marshall moved to remand the matter back to the MBooatirodnocfaZrorineidn.g and Building and Appeals. Seconded by Councilmember Montgomery.
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Ordinance No. 169- 5,A "n Ordinance Amending The Granville Zoning Ordinance
And Accompanying Map Thereto,By Amending The Classification Of The Zoning
District For A Certain 18.04 Parcel Of Land Described Herein And Located At 537 Jones
Road From PCD,Planned Commercial Development To SRIA),-Suburban Residential
Districtw,"as introduced and its title read by Vice Mayor Marshall.
Mayor Eisenberg set the public hearing on Ordinance No. 16-95 for June 21, 1995,
at 7:30 p.m.
Resolution No. 952- 7,A "Resolution To Award The Bid For Street Painting And
Striping To Griffin Pavement Striping Inc.,And To Authorize The Village Manager To
Enter Into An Agreement Thereforw"a, s introduced,read in full,and moved for adoption
by Councilmember Bennett. Seconded by Councilmember Montgomery. Motion carried. Resolution No. 95-27 was adopted.
Resolution No. 952- 8,A "Resolution To Authorize The Village Manager To Enter
Into A Contract With General Insurance Agency For Property,Casualty,And Liability Insurance For The Period June 30,1995 To July 1, 1998," was introduced,read in full
and moved for adoption by Councilmember Bennett. Seconded by Councilmember Montgomery.
Motion carried. Resolution No. 95-28 was adopted.
Resolution No. 952- 9,A "Resolution To Authorize The Village Manager To Apply For,And IfAwarded,Enter Into A Grant Agreement With The State OfOhio, Through The Ohio Attorney General's Office For Sponsorship Of The Drug Abuse Resistance Education In Granville Schoolsw,"as introduced,read in full,and moved for adoption by Councilmember Montgomery .Seconded by Vice Mayor Marshall.Motion carried. Resolution No. 95-29 was adopted.
ADJOURNMENT
Councilmember Freytag moved to adjourn the meeting at 10:34 p.m. Seconded by Councilmember Bennett. Motion carried.

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