Granville Community Calendar

Council Minutes September 20, 1995

VILIAGE OF GRANVILLE
COUNCIL MEETING MINUTES
SEPTEMBER 20,1995
CALL TO ORDER
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
Councilmember Freytag
PUBLIC HEARINGS
Vice Mayor Marshall
Mayor Eisenberg
Law Director Hurst
A public hearing was held on Ordinance No. 279- 5,A "n Ordinance To Amend
Existing Section 1105.01 Of Chapter 1105 OfThe Codified Ordinances OfThe Village Of Granville."
No one appeared to speak for or against Ordinance No. 27-95. The public hearing closed at 7:34 p.m.
A public hearing was held on Ordinance No. 28-95,A "n Ordinance To Amend
Ordinance No. 449-4 Providing For Adjustments Of The Annual Budget For The Fiscal Year 1995 And Revising Sums For Operating Expenses.
No one appeared to speak for or against Ordinance No. 289-5. The public hearing closed at 7:34 p.m.
REVIEW AND APPROVAL OF MINUTES
The minutes of the regularly scheduled meeting of September 6,1995,were presented for review. Councilmember Garrett moved to accept the minutes as corrected. Seconded by Vice Mayor Marshall. Motion carried.
MAYOR'S REPORT
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The Mayor's report for the month of August was presented for review. Mayor
Eisenberg directed the clerk to file the report. A copy of that report is attached as part ofthese
minutes.
MANAGER'S REPORT
The Manager's report for the month of August was presented for review.
Councilmember Montgomery moved to approve the report. Seconded by Councilmember
Freytag. Motion carried. A copy of that report is attached as part of these minutes.
CITIZENS COMMENTS
Those signing the register were:
Doug Tailford
Ben Barton
JoAnn Morey
D. Jolly
Gary Wilcox
Randy Fasmary
Heather Titley
Jeanetta Pyle
Willis Truy
Arnold Shaheen
Dave Samuelson
Gary Stansbury
RG &PA Hawklem Earl Hawkins
C. Kemah
Tim Snider
Eric Stewart
Jim Harf
Gil Krone
Eloise DeZwarte
Rose Wingert
William Wilson
Bob Lavendar
Mr. &Mrs. Case
Frank Brauner
Joanne Woodyard
Michael Dager
Dan Bellman
Herb &Pat Murphy Alan Miller
Ashlin Caravana
John Klauder
Art Morrow
John Kessler
Dave Woemer
Clifton Crais
Lyn Robertson
Ned Roberts
Christie Farris
George Fackler
Ray Titley
Mr. &Mrs. Turner
Richard Salvage
Kim Zeune
Carolyn Huey
Frank,Peter,K &ay Murphy
Frank Bentz
Ed Vance
John Renz
Tom Scoro
Greg Frazier
Matt MeGowan
Jeanetta Pyle of the Granville Recreation Commission stated that in July she had requested permission to extend the roadway in Wildwood Park between the playground and the bikepath to have access to additional parking. She stated that the Recreation Commission would like to use the land for future development to improve the picnic area,perhaps convert the old ice skating rink to a roller blading area,and perhaps have more soccer fields and softball space. She stated that in July,Council could not give her an answer on the request because at that time it was not known where the new public water supplywell 4#would be located. She ask if this was still affecting the request?
Assistant Village Manager Joe Hickman stated that there are three preliminary locations for the well site. He stated that stakes are marking the locations but as ofnow,it is not known where the well will be placed. 1
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After a brief discussion,Mayor Eisenberg stated that Council couldn't deal with the
situation until a plan of what is going to be done is submitted. He stated that a decision could
not be made until the well location is decided.
Mayor Eisenberg stated that later in the meeting,Council would be hearing the appeal
on the Marathon issue. He stated that he realized most people present were interested in the
hearing and if they had something to say,the time for public input had past. He stated that
Council would not take any participation during the appeal hearing and are not required to
have any at this stage ofthe proceedings. He stated that because this is Granville,the tradition
has always been to let people speak,and he would take a limited amount of public input.
Mayor Eisenberg stated that there had been three hearings before the BZBA and most
of the Council members had sat through those hearings. He stated that the same people had
risen and spoken at all the meetings. He stated that Council had heard everyone's concerns
several times and are well aware of them. He stated that Council will hear from anyone who
hasn't spoken first,and then allow other comments after. He asked that people restrict their
comments to a few minutes because of the lengthy agenda.
Arnold Shaheen,Attorney for the applicants,Kim Zenune and Cindy Shumaker,stated
that the public comments should not be considered as evidence in this hearing. He asked that
members ofthe Board ofZoning And Building Appeals B( ZBA)re, strain from making comments at this time.
Mayor Eisenberg stated that he thought the matter could come to a resolution tonight.
He stated that BZBA members would not make statements during the appeal hearing itself,
but Council may question them to respond to a matter of procedure.
William Wilson,427 Shannon Lane,presented a petition from Erinwood residents
supporting the BZBA's decision. Mr.Wilson read the petition in full. A copy of that petition is attached as part of these minutes.
Ann Miller of South Prospect Street,stated that Granville had not always been a quite little town. She stated that until the 1960's,thousands of automobiles and trucks were traveling through Granville. She stated that there had been a fueling station where the Lutheran Church is now and a pool hall. She stated that everything changes and Marathon
was asking to build a nice looking facility. She stated that if she lived in Erinwood,she would Mbeagralathdotno see this type of store come in and hoped that Council would consider approving the station.
Bob Lavendar ofCherry Valley Road stated that he wanted to see the Marathon Station come in. He stated that growth is going to happen and people are not going to be able to stop it. He stated that he was not objecting to the project in any way.
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Mary Kay Roberts stated that she lived beside Mr. Lavendar and she was very much
against the development.
Clifton Crais stated that he was against this type of development in Granville. He
stated that development is not inevitable and this was the worse kind of development.
Andrew Turner of Shannon Lane stated that when he purchased his condominium it
was in a nice quite community. He stated that the Marathon Station would create traffic
problems in the area and if Ms. Miller lived Erinwood,she would think about the
development in a different way.
COMMITTEE REPORTS
Councilmember Garrett reported on the Planning Commission meeting of September
18, 1995. At that meeting,the commission heard a request from Granville Milling Company
to rezone part of their property. That request had been tabled until another meeting. The
commission tabled a fence request at the Bryn Du Mansion,three sign applications approved and were a application to change a position of a skylight was approved.
Councilmember Freytag reported on the Old Colony Burial Ground Board meeting of
September 11, 1995. The preservationists from Massachusetts have now restored 236 ofmore than 700 stones. Recently,25 more stones had been restored in the northeast corner of the
cemetery. A monument company in Hebron had donated their lifting equipment in order to accomplish that task. The Board voted to proceed with the Granville Foundation's grant of
3,000 for landscaping on the southwest edge of the cemetery by the car wash. An 18 inch layer oftop soil will be installed there at the advice ofJohn Klauder and a number oftrees and plantings will be put in the area in hope that the Foundation will give a grant next year. He stated that the board reported that the cemetery wall on Main Street seems to be caving in at several points.
OLD BUSINESS
Ordinance No. 27-95,A "n Ordinance To Amend Existing Section 1105.01 OfChapter 1105 Of The Codified Ordinances Of The Village OfGranvillew,"as reintroduced,title read and moved for adoption by Councilmember Shulman. Seconded by Councilmember Garrett Mayor Eisenberg stated that the ordinance would clarifr the existing ordinance to better define private streets,drives,ect. because the previous language was ambiguous. Councilmember Freytag stated that he was still having difficulty seeing how the change would prohibit private streets between two public ways.
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Law Director Hurst stated that what was attempted with the amendments was to
clearly definep "rivatef"rom the notion of streets. He stated that there had been confusion of
using the language ofboth p"rivatea" nd s"treeta"t the same time. The way the ordinance is
structured,there had been a contradiction of terms. This ordinance clearly defines all things
that might be private.
Mr. Freytag stated that his questions had been answered,he was concerned that there
may be a loop hole though.
Roll call vote: Garrett yes,Shulman yes,Montgomery yes,Bennett yes,Freytag yes, Marshall yes,Eisenberg yes. Seven yes votes. Ordinance No. 27-95 was duly adopted.
Ordinance No. 289- 5.A "n Ordinance To Amend Ordinance No. 449-4 Providing For
Adjustments OfThe Annual Budget For The Fiscal Year 1995 And Revising Sums For
Operating Expenses, was reintroduced,title read and moved for adoption by Vice Mayor
Marshall. Seconded by Councilmember Garrett.
Roll call vote: Freytag yes,Bennett yes,Montgomery yes,Shulman yes,Garrett yes, Marshall yes,Eisenberg yes. Seven yes votes,Ordinance No. 28-95 was adopted.
Councilmember Montgomery ask if the Evans Foundation had granted the Village an easement yet?
Vice Mayor Marshall stated that the committee had made progress but an easement hadn't been produced yet.
NEW BUSINESS
Marathon Appeal
Law Director Hurst advised Council that under Section 1137.01 b( )of the Granville Codified ordinances,prior to hearing the appeal,the Law Director and Village Manager must state that the appeal procedures are complete. He stated that Council is so advised. Council has the options of upholding the determination of the BZBA,reversing the determination,or modify the decision ofthe BZBA. IfCouncil finds that the facts presented by the appellant are different from the facts of the BZBA,the matter may be remanded back to the BZBA for further consideration. The Council is to render its decision within 10 days concluding the hearing ofthe appeal.
Arnold Shaheen,attorney for the applicants,Kim Zeune and Cindy Shumaker,stated athsakttthhaist twheas a preliminary matter procdure and ifcouncil was to take testimony,he would testimony be sworn and that he have a chance to cross examine.He stated that he would appreciate it if Council gave him that opportunity.
Law Director Hurst stated that this was not a public hearing,it was a opportunity for the applicant to present to Council any matters they wish to bring Council's attention. He stated that Council will have the opportunity to direct questions as they deem appropriate and
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that this was not a trial,it was a review of a decision. He stated that there won't be a cross or
re-cross of witnesses.
Mr. Shaheen stated that the applicants were told at the beginning of the BZBA
hearing,by the chairperson that none of the comments of the public would be used as
evidence however,there is repeated commentary regarding specific comments that were taken
in unsworn testimony. He stated that none of the testimony had been taken under oath and
there had not been cross examination. The BZBA could not get it together at the end of the
meeting to make a finding of fact on record. Three weeks later a 12 page tome on traffic
engineering was produced. He stated that none of the BZBA members were traffic engineers
or had credentials. He stated that there had been talk of a worksession to write the facts of
finding and the applicants did not have any notice of this meeting. The BZBA indicated that
they were not traffic engineers,yet disagreed with the traffic engineer and the Village's paid
expert traffic engineer. The Village's engineer had been asked repeatedly if he would have
use the same methodology as the TSI engineer had used and he agreed that he would. The
BZBA expected a planning study and wanted the applicants to give the b"ig picture"on traffic in the future. The scope of the efforts of the traffic study was not to provide a planning
study but to provide a site study. The planning study was completed in 1992 and projected the
traffic then,and what the future would bring. The 1992 study included the traffic at the site
now and traffic that would be generated once the area was fully developed contrary to what
the BZBA found in its finding of facts. The BZBA members basically found that they didn't want this kind of use there even though it is zoned commercial when the comprehensive plan
was put together. Mr. Shaheen stated that he had read every case law on conditional uses and
the courts are saying BZBA had three choices,approve,approve with modifications,or deny the application. He stated that there were no standards set forth by the BZBA for the applicant
to attempt in order to be approved. The BZBA never gave the applicants an opportunity to set parameters in order to achieve a conditional use permit. The BZBA never said how to make the use compatible,the applicants were told everything wrong and never discussed the amendments made to the application as suggested by the Village Planner or Village Engineer. The Council's first hearing of the appeal had been remanded back to the BZBA for two
purposes;testimony of the traffic engineers and other additional site plan uses. He stated that the BZBA got into litter,noise,and issues beyond the scope of the remand. He stated that moving the entrance ofWendy's somewhere north was discussed and has nothing to do with the application. He stated that there was a recommendation that Council reverse the opinion only by limiting access strictly to Galway Drive. He stated that the application currently provides a permanent easement to allow Wendy's traffic to access the Marathon property to Galway Drive in order to help eliminate the traffic on Cherry Valley Road. He stated that by saying that the applicants can't have access from Cherry Valley Road,but must give an easement to Wendy's is unconstitutional.
Mr. Shaheen stated that Page 9 ofthe BZBA's findings offact was an example of the unfairness of the proceeding. He stated that in footnote 15,one board member concluded
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that it was actually 185 feet from Wendy's to SR 16. He stated that the applicants were never
notified that anyone would be taking measurements,therefore were not present. He stated that
they did not learn of the action and it was in the basis of the board's conclusion. He stated that
this was unfair and Council had a chance to rectify the unfairness. He stated that the BZBA
didn't mention the changes that took place in the course of the proceedings and the turn lanes
that would be installed. He stated that the applicants were willing to add a left turn lane and a
right turn lane to ease traffic congestion. He stated that the applicants didn't get a fair hearing
procedurally and there were defects in the reasoning and conclusions of the BZBA.
Mr. Shaheen stated that on Page 3 of the finding of fact of the BZBA,criticized the
land use used in the traffic generation manual. Never in meeting with the Planning
Commission or meetings with the village planner,was the issue of Section 853 brought and the BZBA up never chose to ask questions of the experts. The BZBA had access to a traffic CC generation manual,looked under section 846, gas station with convenience storea"n,d
decided Section 853,c o"nvenience store with gas pumpss"h,ould have been used. He stated
that there is going to be a convenience store but the largest volume of revenue is going to
come from selling gasoline and not convenience items. He stated that the BZBA questioned
why local conditions weren't evaluated;why didn't statistics get taken from the other gas stations in the area?He stated that the statistics came from a nationally recognized source, published by an institute of traffic engineers. He stated that the methodology used is followed
by all traffic engineers because the only other way to do it would be to build the station,study the traffic,then tear down the building and present the actual statistics to the board. The applicants were criticized for basing judgments upon the data from the manual. The BZBA
found the judgments to be speculative. He stated that Mr. Krone made comments that he
didn't find the 1995 study to be credible but found the 1992 study more reliable. He stated that the traffic study is based on the same document used on the 1992 study. He stated that if the manual is good enough for the 1992 study,it must be okay for the 1995 study.
Mr. Shaheen stated that the BZBA said the 1992 traffic study reported daily traffic would increase due to the residential and commercial development in the area. He stated that he didn't dispute that but,the board further says with this development the traffic will increase
even more.What the Board didn't understand was the 1992 study already took into consideration the traffic generated by that site. The BZBA reached an erroneous conclusion from the testimony and the evidence. He stated that the board again criticizes their own traffic engineer.
Mr. Shaheen stated that part D" "p,age 7 ofthe fact of finding mentions that traffic flow would be improved. He stated that it would be improved because there will be two more lanes and a permanent access for Wendy's through the Marathon property which will eliminate stacking problems and traffic will move easier. He stated that Mr.Wilcox took into account the actual traffic at the Wendy's intersection once the improvement is made,not on wsoamsenogut ecsresdoitfawbhlea.t the traffic would be. Again,the BZBA criticized an expert believing he 1
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Mr. Shaheen stated that on page 8 of the finding of fact,the BZBA's testimony stated
that there was nothing to state the impact on the application once the area is fully developed.
He stated that the determination could not be made because it would be speculative. He stated
that the BZBA was trying to get the engineer to predict how the development would be
affected and the applicants were not doing a planning study. The planning study was done in
1992,the 1995 study is a site study. He stated that the 1992 study answered the question.
Mr. Shaheen stated that page 10,item C,states that conflict points exist now at
Westgate Drive and Cherry Valley Road. He stated that they exist now and will exist after the
improvements but,will be reduced if not eliminated.
Mr. Shaheen stated that the applicants had tried to be " nice guys"all along and had
done everything without exception the Planning Commission and the Planner had requested.
He stated that the applicants would be paying for road improvements to the area and willing
to grant a permanent easement across the property to benefit Granville. He stated that the
applicants are trying to become good business people for the citizens of the community. He
stated that the applicants have property rights that the BZBA didn't recognize and are now
asking Council to do that or set conditions and the applicants will be the best to live up to
them. He asked that Council not cut them off as the BZBA had done. He stated that they are
not trying to become an adversary,they want to be friends and help make this a good
community. He stated that the applicants would not have spent this kind of money unless they
were serious about the outcome. He asked Council to reverse the decision of the BZBA or
implement conditions and the applicants would do their best to meet those conditions
At this time,Gary Wilcox of Traffic Services Inc.,introduced himself and stated his
qualifications. The Village's Traffic Engineer,Dave Samuelson also introduced himself and
gave his qualifications.
Councilmember Bennett asked Mr. Samuelson what his take was on the BZBA
pertaining to his analysis?
Mr. Samuelson stated that the board didn't take much credence on what he had He stated to say. that he gave his professional analysis and the BZBA elected not to believe what he had to say.
Mayor Eisenberg stated that Council needed to deliberate and come to a conclusion.
He stated that it was important to recognize Council's duty which is to deal with the findings of fact. He stated that he had discussed the matter with Law Director Hurst and although Council needed to be fair and follow proper procedures,this was not a trial and it was up to Council to deal with only the facts. He stated that people's input and feelings are not what Council should base their decision on, its the validity of the findings of fact ofthe BZBA. He cstraitteerdiat.hat in his opinion,Council should go through the facts item by item and sort out the
Councilmember Freytag stated the BZBA does not have to accept the opinion of any witness. He stated that the Council is elected to exercise their own independent judgment and the BZBA was asked to do the same. The vote was 5-0 and although there may have been
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procedural irregularities,there have been many good points brought up by the BZBA. He
stated that no witness is required to take an oath and in his opinion,the board did this
community a fine service by looking at the application as closely as they did and the heart of
their opinion is correct. He commended the BZBA for what they have done. He stated that in
his opinion,it would be a serious error on Council's part to overturn the decision of the board.
Mayor Eisenberg stated that he agreed in the principle ofthe matter but did not agree
with not accepting the opinions of the experts. He stated that he understood the skeptic
opinions of the expert hired by the appellant,but found it disturbing that the BZBA rejected
the opinions and conclusions of the independent engineer hired by the Village to give an
unbiased opinion. He stated that it was very disturbing that the BZBA could totally ignore the
findings and conclusions of the experts in the field.
Councilmember Freytag stated that it was the province of every jury in this land to
assess the truthfulness ofwitnesses and make there own decisions. He stated that it is not
necessary to accept what someone says because they are considered an expert. He stated that
he had publicly stated before that he was not at all happy with the work product of the
engineer. He stated that the BZBA pointed out flaws and he could not have written a better
report than the BZBA.
Vice Mayor Marshall stated that the material used by all parties concerning land had been statistical data. He stated that he couldn' use t see that what the BZBA did in their
analysis was more credible than that done by the two engineers. He stated that he wished the
Board would have used the betterjudgment ofthe professionals. He stated that in his opinion,
one could not overturn the decision of the BZBA on the basis of traffic. He stated that Section
1145.03 of the zoning code reads that if the development is detrimental to existing
neighboring uses the development can be denied. He stated that in his opinion,Section
1145.03 is a basis for denying the conditional use permit in that area. He stated that because
ofthe length of hours the station is open,the cars going in and out,and the general
disturbance,there exists an adequate reason to reject the conditional use permit,but the traffic issue is not it.
Councilmember Shulman stated that in his opinion,the traffic data is important
because of the four uses for the site. He stated that the gas station was the primary concern and focus but no one knew which use will have the maximum use. He stated that the area is scheduled to be built out in 20 years and that he wouldn't vote to overturn the decision of the BZBA.
Councilmember Montgomery stated that she agreed with Vice Mayor Marshall that the information on the traffic issue was debatable. She stated that she had concerns about the procedures of the BZBA,but Council needed to address those issues with the BZBA. She stated that she could only support the denial using criteria D.
Councilmember Bennett stated that with respect to the traffic issue,he was concerned with the way the expert's opinions were disregarded by the BZBA. He stated that people hire an expert to give an opinion when there is an area one does not have understanding in and it is
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very unusual when one disregards their own expert's opinion that is paid out of tax payers
dollars. He stated that he thought the bohrd should be commended and was sure they had the
community's best interest in mind but he felt that they had their minds made up going in. He
stated that Marathon had been a part of his family life for 30 years and he had come to
appreciate his parents views and spoke to them at length on the issue. He stated that as a
result,he felt that he could not render a fair decision and he would abstain from voting on the
issue. He stated that some may see that as taking the easy way out,but he couldn't make an
impartial decision.
Mayor Eisenberg stated that he could not support the findings of facts relative to the
traffic study. He stated that he thought Councilmember Bennett's comment about reaching a
conclusion and fitting the facts to support the conclusion was right. He stated that he thought
Council needed to look at the findings of fact and decide what to rule on.
Vice Mayor Marshall stated that the fact that that there will be added noise,lighting
and off street traffic which would be disturbing to the people that live in the area is enough to
deny the appeal. He stated that he would not want the development adjacent to his property
and 95%of the comments heard from citizens dealt with the nuisance issue and not traffic. He
stated that it would be disturbing people by allowing the development.
Councilmember Garrett stated that the area was zoned for business and will become
business. She stated that the question is o"f what type of businessS?h"e. stated that if one does not allow business after the area is zoned commercial there is a problem. She stated that
the master plan designated that area as being commercial and Council was not going to avoid that as being a business area at some time.
Councilmember Shulman moved to uphold the decision ofthe BZBA. Seconded by
Vice Mayor Marshall. Roll call vote: Freytag yes,Bennett abstain,Montgomery yes,Shulman
yes,Garrett no,Marshall yes,Mayor Eisenberg no. Four yes votes,two no votes. The Council affirmed the decision ofthe BZBA. The appeal was denied.
Beggar's Night
Council set beggar's night in Granville for Monday,October 30,from 5: 00 p.m. to 7:00 p.m.
Resolution No. 954- 3,A "Resolution To Authorize The Village Manager To Advertise For Bids For The Construction Of The Welsh Hills School Sanitary SewerMainw,"as introduced,read in full,and moved for adoption by Councilmember Garrett. Seconded by Councilmember Freytag. Motion carried. Resolution No. 95-43 was adopted.
Resolution No. 95-44,A "Resolution To Authorize The Village Manager To Enter Into An Agreement With The Board OfLicking County Commissioners For The Housing And Care OfPrisoners,w "as introduced,read in full,and moved for adoption by Vice Mayor Marshall. Seconded by Councilmember Garrett.
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Law Director Hurst stated that one sentence in the contract regarding the security of
prisoners when taken to the hospital concerned him. He stated that he had been in contact
with the Prosecutor's office who is suppose to get back to him with an answer on that
concern.
Councilmember Garrett moved to table the Resolution. Seconded by Councilmember
Bennett. Motion carried. Resolution No. 95-44 was tabled.
Resolution No. 954- 5A."Resolution To Authorize The Village Manager To Advertise
For Bids For The Construction Of Sludge Holding Facilities At The Sewage Treatment
Plantw,"as introduced, read in full,and moved for adoption by Councilmember Bennett.
Seconded by Vice Mayor Marshall. Motion carried. Resolution No. 95-45 was duly adopted.
Council authorized the closing ofNorth Prospect Street for two evenings in
conjunction with Fire Prevention Week for the fire department. They also authorized the
closing of Maple Street for a block party,
ADJOURNMENT
Councilmember Freytag moved to adjourn the meeting at 10: 05 p.m. Seconded by
Councilmember Bennett. Motion carried.

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