Granville Community Calendar

Council Minutes November 1,1995

VILLAGE OF GRANVILLE
COUNCIL MEETING MINUTES
NOVEMBER 1,1995
CALL TO ORDER
Vice Mayor Marshall convened the meeting at 7:32 p.m.
ROLL CALL
Those responding to the roll call were:
Councilmember Garrett
Councilmember Shulman
Councilmember Montgomery
Councilmember Bennett
Councilmember Freytag
Vice Mayor Marshall
Law Director Hurst
Councilmember Garrett moved to excuse absentee Mayor Eisenberg. Seconded
by Councilmember Bennett. Motion carried.
PUBLIC HEARINGS
Vice Mayor Marshall announced that the public hearing on Ordinance No. 29-
95 would be postponed until November 15, 1995 because property owners within 200
feet of the Granville Mill had not received proper notification of the public hearing.
A public hearing was held on Ordinance No. 309- 5A.n"Ordinance To
Approve The Development Plan For A Mini-Storage Located At 1328 Cherry Valley
Road."
Patty Harklau of 666 West Broadway stated that she had concerns that a mini
storage facility would not be a proper use for the land in question. She stated that she
had attended many functions lately where residents were discussing Granville and its
future and she was concerned that if Council approved the mini storage they may be
setting a precedent. She stated that a mini storage facility may be below the
expectations for that area. She stated that if Council were to approve the development
plan,she had concerns with the landscaping for the project.
Dan Bellman of 320 North Pearl Street stated that he had similar concerns with
the mini storage facility. He stated that under Section 1171.02, he didn't think a storage facility was a permitted use. He stated that he was also concerned with the
focus in the area of Cherry Valley Road and SR 16. He stated that he would like to see high scale"facilities in that area,and that most mini storage units were unattractive
and lower the value of properties in the area.
Bob Essman of 1404 Cherry Valley Road stated that he owned property south
east of the Pyles and the property adjacent to the proposed facility. He stated that he
had expressed opposition on the matter at the Planning Commission. He stated that the
area will eventually develop,but he had hoped it could attract desirable development.
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Council Meeting Minutes
November 1, 1995
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He stated that in his opinion,a mini storage facility did not meet those expectations
and may prohibit attractive development. He stated that the didn't think that the
Planning Commission was happy with the facility and the simplest thing would be not
to allow the facility.
Richard Salvage,member of the Planning Commission,stated that the Planning
Commission had relied on an opinion from the Village Law Director that the storage
facility was a permitted building. He stated that they had been concerned with the
applicability of putting the units in that location.
Lyn Robertson of the Planning Commission stated that the landscaping along
with the location of the facility,would cover up the building and it would look like a
house with trees and no signage. She stated that not much traffic would be generated
with the facility.
Patty Harklau stated that the Planning Commission had requested that the
building be pushed back further and that the applicants installtandscaping. She stated
that the landscaping may appear to cover the structure but the trees proposed to be
planted may take years to mature and fully hide the structure.
The public hearing closed at 7:45 p.m.
A public hearing was held on Ordinance No. 31-95,An 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. 31-95. The public
hearing closed at 7:45 p.m.
REVIEW AND APPROVAL OF MINUTES
The minutes ofthe regularly scheduled Council meeting of October 18, 1995,
were presented for review. Councilmember Freytag moved to approve the minutes as corrected. Seconded by Councilmember Garrett. Motion carried.
CITIZENS COMMENTS
Those signing the register were:
Doug Tailford
Jim Gimeson
Judi Pyle
Patty Harklau
Ben Barton
Andreas Nagy
Joseph Recchie
Mark Zarbaugh
Gary Stansbury
Robert Essman
Richard Salvage
Rob Harklau
Dan Bellman
No questions,comments,or concerns were voiced at this time.
OLD BUSINESS
Joe Magdich
Earl Hawkins
Kirsten Pape
Lyn Robertson
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Council Meeting Minutes
November 1, 1995
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Ordinance No. 309- 5A.n"Ordinance To Approve The Development Plan For
A Mini-Storage Located At 1328 Cherry Valley Roadw,"as reintroduced, its title read,
and moved for adoption by Councilmember Garrett. Seconded by Councilmember
Bennett.
Councilmember Freytag asked if the property was zoned PCD?He stated that
in his reading of the Codified Ordinances,storage facilities were not permitted under
PCD.
Doug Tailford stated that according to a legal opinion,under PCD zoning,the
Planning Commission determines what is a proper use of the property.
Law Director Hurst stated that the legal opinion in question is an opinion
written in May of 1995 which presented the question of whether or not a motel or gas
station is permitted under Section 1171. 02 b( )1()ofthe Granville Codified
Ordinances. He stated that this was a completely unrelated matter and he had not been
asked to render a decision concerning a storage facility. He stated that he was not
saying that a similar decision would not be rendered,but that he hadn't addressed the
issue.
Councilmember Bennett stated that the real question related to the legality of a
storage facility under PCD zoning. He stated that the code specifically states that this
type of development should go under PID zoning. He stated that in his opinion,
Council should table the ordinance to allow the law director time to study the issue.
Councilmember Freytag stated that the matter was c"ut and dry"H.e stated that
PCD zoning was for retail establishments and the code gives many examples of types
of businesses for the area which has nothing to do with a storage facility or warehouse.
He stated that most communities put storage facilities in industrial areas and not
shopping areas.
Councilmember Bennett moved to table Ordinance No. 30-95. Seconded by
Councilmember Montgomery. Motion carried. Ordinance No. 30-95 was tabled.
Ordinance No. 31-95. 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 Expensesw,"as reintroduced, its title read,and moved
for adoption by Councilmember Shulman. Seconded by Councilmember Garrett
Roll call vote: Garrett yes,Shulman yes,Montgomery yes,Bennett yes,Freytag
yes,Vice Mayor Marshall yes. Six yes votes. Ordinance No. 31-95 was adopted.
NEW BUSINESS
Ordinance No. 329- 5,A "n Ordinance Providing For The Issuance Of
1,390,000 OfNotes By The Village Of Granville,Ohio In Anticipation Of The
Issuance Of Bonds For The Purpose Of Paying Part OfThe Cost Of Constructing
Improvements To The Municipal Sanitary Sewer System,And Declaring An
Emergencyw"a, s introduced and its title read by Councilmember Freytag.
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Councilmember Freytag then moved to adopt Section 12,the emergency
clause,and read that section in its entirety. Seconded by Councilmember Bennett.
Joe Magdich stated that the interest rate for the notes would be 4.06% .
Roll call vote: Freytag yes,Bennett yes,Montgomery yes,Shulman yes,
Garrett yes,Vice Mayor Marshall yes. Six yes votes. The emergency clause was
adopted.
Councilmember Freytag then moved to adopt Ordinance No. 32-92. Seconded
by Councilmember Garrett.
Roll call vote: Garrett yes,Shulman yes,Montgomery yes,Bennett yes,Freytag
yes,Vice Mayor Marshall yes. Six yes votes. Ordinance No. 32-95 was adopted.
Ordinance No. 33-95.A "n Ordinance To Revise The Codified Ordinances By
Adopting Current Replacement Pages,And Declaring An Emergencyw"a, s
introduced and its title read by Councilmember Garrett.
Councilmember Garrett then moved to adopt Section IV,the emergency clause
and read that section in its entirely. Seconded by Councilmember Freytag.
Roll call vote: Freytag yes,Bennett yes,Montgomery yes,Shulman yes, Garrett yes,Vice Mayor Marshall yes. Six yes votes,the emergency clause was
adopted.
Councilmember Garrett moved to adopt Ordinance No. 33-95. Seconded by
Councilmember Freytag. Roll call vote: Garrett yes,Shulman yes,Montgomery yes,
Bennett yes,Freytag yes,Vice Mayor Marshall yes. Six yes votes. Ordinance No. 33-
95 was adopted.
Longaberger Fence Appeal ( Resolution No. 95-52)
Law Director Hurst stated that under Section 1137.01 (b)of the Granville
Codified Ordinances,Council must be advised by the Law Director and the Village
Manager that the appeal procedures are complete. He stated that on behalf of the
Manager,he certifies that the procedures are complete. He stated that the Council has
ten days after the conclusion of their appeal to render its decision. The Council may uphold,reverse,modify,or if the Council finds that the facts presented are different
from the facts presented to the Planning Commission,the Council may remand the
matter back to the Planning Commission.
Jim Gimeson stated that they appreciated the opportunity to appeal the decision
of the Planning Commission. He stated that Mr. Longaberger would like to replace the
existing chain link fence with a six foot high light fixture fence. He stated that the
fence will be moved back in order to grant an easement to the Village for a bikepath.
He stated that they had spend a great deal of time finding a unique structure that was compatible with the mansion. He stated that they were keeping with the aesthetics of the mansion and that the brick on the fence would match the brick of the house. He
stated that the proposed fence is to be six foot,and the existing fence is five foot,in
poor condition. He stated that they feel strongly that the fence will compliment and improve the facility.
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Council Meeting Minutes
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Andreas Nagy stated that Section 1187.03 (b)of the Granville Codified
Ordinances states that it"is the purpose of the code to maintain clear visibility of
vehicular and pedestrian traffic on adjacent streets,alleys,and sidewalks and to
maintain an orderly appearance and reduce negative impact upon other properties
where the fence is directly visible to the publicH."e stated that Mr. Longaberger's
property is a corner lot. He stated that he believes that the fence is compatible with
other similar structures on the property but they believe that there are no compatible
structures in the neighborhood. He stated that fences are allowed to be over 42 inches
if it does not create viability hazards to vehicles and the fence would not impede any of
that. He stated that it is Mr. Longaberger's intent to grant the Village an easement for
the bikepath and move the fence back from the roadway for that pathway.
Lyn Robertson of the Planning Commission stated that the findings of fact from
the Planning Commission include the matter which was of great discussions;the sharp
points on top of the fence. She stated that the Commission saw the actual fence
material and the points were very sharp.
Mr. Nagy stated that the sharp points"are decorative devices on the rails and
the device is rounded. He stated that they are not sharp. He stated that the Village
allows picket fences and one might consider a picket fence to have sharp points. He
stated that the fence is going to be six foot high and could not constitute any danger to
pedestrians walking or driving by.
Planning Commission member Larry Huey stated that the actual height ofthe
fence would be 9 foot. He stated that with the lighting fixture, it would be a nine foot
fence. He stated that the commission was not concerned that the fence would create a
safety hazard to people walking by the fence,they were concerned with the safety for
persons on horses on the polo field.
Mr. Gimeson stated that he had contacted Joe Bowman with the polo
association and their interpretation of the fence had been that the fence is no risk in
terms of safety. He stated that they were excited to see the fence change.
Councilmember Shulman asked what the full dimension of the fence was?
Mr. Gimeson stated that the fence would circle the entire project.
Councilmember Montgomery stated that in her opinion,a 42 inch fence would
be out of place for the mansion. She stated that she saw no reason not to allow the
fence as proposed,it was attractive and appropriate.
Councilmember Shulman stated that the community is pleased that Mr.
Longaberger bought the mansion but one of the beauties of the property is the vista
provided from Newark-Granville Road. He stated that the present chain link fence is
not attractive but the vista is visible now. He stated that the proposed fence would
restrict the view and take away the character of that special place. He stated that if the
fence was 42 inches,one could see over it as they walk or drive by. He stated that it
would change an important part of Granville and he is not in favor of overturning the Planning Commission's decision.
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Vice Mayor Marshall stated that a horse could go over a 42 inch fence but not a
six foot fence and it would be dangerous to have horses running loose on Newark-
Granville Road. He stated that he was in favor of the fence.
Councilmember Garrett stated that the fence would set the mansion apart. She
stated that Council is concerned with keeping the neighborhood.
Councilmember Montgomery moved to reverse the decision of the Planning
Commission. Seconded by Councilmember Freytag.
Roll call vote: Freytag yes,Bennett yes,Montgomery yes,Shulman no,Garrett
no,Vice Mayor Marshall yes. Four yes votes,two no votes. The decision of the
Planning Commission was reversed and Mr. Longaberger's fence was approved.
Resolution No. 95-52)
North Pearl Street Petition.
Law Director Hurst stated that at the request of Joe Hickman and Doug
Plunkett he had started digging into various statutes. He stated that he would have a
report to Council hopefully by the next meeting.
Vice Mayor Marshall stated that the possibility of having the Bicycle Race in
conjunction with the 4th of July celebration was scary.
Councilmember Montgomery stated that she would like to know how the
Kiwanias felt about the situation.
Councilmember Shulman stated that traffic was already a problem with the 4th
of July.
Law Director Hurst stated that the applicants in the Marathon proposal have
provided to the Village a notice of appeal to the Licking County Common Pleas Court
of the rejection of the Council's appeal. He stated that at this point,he had nothing
further to say. He will be looking into two or three issues and will report to Council
after he has something more informative. He stated that the Clerk of Council has 40
days to submit the complete transcript to the court and that he would be working with
her to get that documentation together.
Councilmember Garrett stated that every year in December Council evaluates
the manager and sets his salary for the year. She stated that since this was an election
year with four seats being up,Council may want to do the evaluations before
December.
Manager Plunkett stated that he would be glad to get the forms out to Council.
Council agreed to discuss the evaluation at the next Council meeting.
Councilmember Garrett stated that she had again been approached concerning
the bikepath by the Granville Mill. She stated that she had suggested that signs be
installed and that perhaps post could be installed as a temporary measure to prevent
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Council Meeting Minutes
November 1, 1995
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driving on the bikepath itself. She suggested that the IGA be notified to inform their
truckers that they shouldn't use that as an entrance to the IGA.
Councilmember Montgomery asked the staff to pursue Mrs. Garrett's
suggestions and come up with options for what Council can do.
Joe Hickman stated that part of the problem with the bikepath was the
easement in that area.
Manager Plunkett stated he would have the law director look at the easement
again and give his opinion.
ADJOURNMENT
Councilmember Montgomery moved to adjourn the meeting at 9:23 p.m.
Seconded by Councilmember Garrett. Motion carried.

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