Granville Community Calendar

Council Minutes August 21, 1996

VILLAGE OF GRANVILLE
COUNCIL MEETING MINUTES
AUGUST 21,1996
CALL TO ORDER
Mayor Marshall convened the meeting at 7:01 p.m.
ROLL CALL
Those responding to the roll call were:
Councilmember Eisenberg
Councilmember McGowan
Councilmember Bellman
Councilmember Montgomery
PUBLIC HEARINGS
Mayor Marshall
Law Director Hurst
Manager Plunkett
A public hearing was held on Ordinance No. 249- 6A,n"Ordinance To Amend
Section 113.01 ofthe Codified Ordinances OfThe Village of Granville,Ohio,Establishing Posting Places."
No one appeared to speak for or against Ordinance No. 24-96. The public hearing closed at 7:02 p.m.
REVIEW AND APPROVAL OF MINUTES
The minutes of the regularly scheduled meeting of August 7, 1996,were presented for
review. Councilmember Eisenberg moved to approve the minutes as corrected. Seconded by Councilmember MeGowan. Motion carried.
The minutes of the special meeting of August 14, 1996,were presented for review.
Councilmember McGowan moved to approve the minutes as presented. Seconded by Councilmember Eisenberg. Motion carried.
MAYOR'S REPORT
The Mayor's report for the month ofJuly was presented for review. Vice Mayor Freytag arrived.
Mayor Marshall directed the clerk to file the report. A copy ofthat report is attached as part of these minutes.
MANAGER'S REPORT
The Manager's report for the month ofJuly was presented for review. Councilmember Eisenberg moved to approve the report. Seconded by Councilmember McGowan. Motion carried. A copy ofthat report is attached as part ofthese minutes.
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CITIZENS COMMENTS
Those signing the register were:
See attached list.
Brenda Boyle of 133 Wicklow Drive stated that she supported the appeal of Carl
Wilkenfeld and read a statement outlining her reasons for supporting the appeal.
COMMITTEE REPORTS
Councilmember Montgomery reported on the Planning Commission meeting of
August 19. At that meeting,the commission approved a porch at 126 South Cherry Street,
approved a lot split for the Church of St. Latter Day Saints which included changing the
zoning of a portion of their the property to SRD-A,the zoning of the property the church is
on. The Commission approved a lighting plan and a few other minor details for the
SuperAmerica Group. She stated that the commission will be meeting on the 2nd and 48
Mondays in September because of Labor Day. Bob Evans Farm's PUD application will be
heard on September 9th and SuperAmerica will present their final plat on September 23.
Vice Mayor Freytag stated that the Tree & Landscape Commission had met but he had
been unable to attend the meeting.
Service Director Mark Zarbaugh reported that the Tree & Landscape Commission had
reviewed the landscaping plan for SuperAmerica and discussed sending a letter to nursery
owners,landscapers,and tree trimmers around the area reminding them that if trees are inside
the Village right of way,they must have village permission to remove them.
OLD BUSINESS
Ordinance No. 249- 6,A "n Ordinance To Amend Section 113.01 of the Codified
Ordinances OfThe Village ofGranville,Ohio,Establishing Posting Places," reintroduced,its title read,and moved was for adoption by Councilmember Montgomery. Seconded by Vice Mayor Freytag.
Councilmember McGowan asked to haveo " r"removed from a"ndo/ r"in part ( the ordinance. a)of
CC " Council agreed to remove the word or .
Roll call vote: Eisenberg yes,McGowan yes,Bellman yes,Montgomery yes,Freytag yes,Marshall yes. Six yes votes. Ordinance No. 24-96 was adopted.
Resolution No. 964- 8,A "Resolution To Dismiss The Appeal OfA Conditional Use Permit For Country Hearth Inn Filed By Carl Wilkenfeld."
Councilmember Montgomery moved to remove Resolution No. 964-8 from the table. Seconded by Councilmember Eisenberg. Motion carried.
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Councilmember Montgomery moved to adopt Resolution No. 96-48. Seconded by
Councilmember Eisenberg.
Law Director Hurst explained that an individual is no more impacted by the decision
than the community at large and when a property owner is not aggrieved or affected,lacks
standing as set forth by a decision of Ohio's Supreme Court. He stated that ifthe appeal was
dismissed,Mr. Wilkenfeld's next step would be to contest the validity of the dismissal in the
court of common pleas.
Carl Wilkenfeld stated that he attended his first BZBA meeting and Chairperson
Ashlin Caravana told him the guidelines for someone going through the process at the BZBA.
Country Hearth had been at that same meeting. He stated that on the way home,he realized he
had spent some time on the road and visited many hotels like Country Hearth Inn. He stated
that the fourth criteria the BZBA looks at is nuisance and hazards to citizens and the
community. He stated that when he was traveling on the road,nuisances happened every
night. He stated that he had spelled out many hazards with Country Hearth Inn in his appeal
letter. He stated that he is frustrated and disheartened by what is happening in Granville.
Roll call vote: Eisenberg yes,MeGowan no,Bellman no,Montgomery yes,Freytag
no,Mayor Marshall yes. Three no votes,three yes votes. Resolution No. 96-48 was defeated.
Mayor Marshall stated that a date for the Wilkenfeld appeal hearing would be
scheduled at the next meeting.
North Pearl Street Traffic Committee
Mayor Marshall stated that Council had already heard the report from the committee
and asked for brief public comment.
Councilmember Bellman stated that the committee had recommended that the speed
limit be strictly enforced and that a date for that to come into effect be picked so that there is
ample tiihe to notify residents ofthe new policy. He stated that a letter Denison should be written to University and the Granville Schools notifying them of the new policy. The
committee had also recommended appropriating money for a long term study of alternate truck routes. Another recommendation was to better time the traffic signals on Broadway and to test traffic calming techniques on College Street
Manager Plunkett noted that Service Director Mark Zarbaugh had ordereds "peed limit strictly enforced"signs.
Councilmember Eisenberg stated that a discussion about making College Street one way eastbound to Prospect Street and west bound to Prospect Street and the opposite on Elm Street had been discussed and he felt that had been a good idea.
Manager Plunkett reminded Council ofthe fire station and the possible problems that may be encountered.
Councilmember Montgomery stated that many people use College and Elm Streets to avoid Broadway. She stated that ifthe one way street proposal was enforced,it could create more traffic on Broadway.
Councilmember Bellman stated that the committee was ofthe opinion that many motorists avoid Broadway because they must stop at all the traffic lights. He stated that the
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committee had hoped that the lights could be timed better so that a vehicle traveling on
Broadway would only have to stop for one or two lights and not all three.
Service Director Mark Zarbaugh stated that the traffic lights have been adjusted as best
they can be at this point. He stated that if motorists have to stop for the crosswalk,it throws
off the traffic signal timing.
Blair Ross of Spellman Street stated that he had attended the traffic committee's
neighborhood meeting and agrees that Police Chief Steve Cartnal can't issue tickets to the
trucks that cross the yellow line when turning. He stated that in his opinion,the problems is
that the truck drivers are trying to fit a square peg in a round hole. Mr. Ross presented Council
with a proposal to eliminate 12 to 13 parking spaces on Broadway and change the location of
the yellow lines to give the truck drivers room to make the turn. He stated that his proposal
would not cost a lot of money and would allow the truckers to make the turn and smooth the
flow of traffic.
Keith Myers stated that he had agreed to serve on traffic committee and encouraged
Council to adopt the recommendations of committee. He stated that he has worked as a
Planner in New Albany for the last 15 to 20 years. He stated that he is a professional and
proposed a simple traffic calming technique on College Street. He stated that the technique is
to stagger the parking and have no major change ofthe roadway. The second recommendation
is really two issues;traffic enforcement and traffic speed. He stated that the semi trucks
traveling on Pearl Street are unable to make the turn from Broadway to Pearl Street. The
committee discussed whether or not the trucks could legally make the turn without crossing
the double yellow line. If the law was enforced,that would cut down on truck traffic. He
stated that a tremendous volume of traffic and trucks use Pearl Street.
John Strohmyer stated that he agreed with Keith Myers and his ideas. He stated that he
has lived at College and Pearl Street for a year now,and considered himself an expert in truck
warfare. He stated that the problem is bigger than Pearl Street. He stated that things changing and something needs are to be addressed with what we want our town to be. He stated that he moved to Granville because of Granville's charm and character and wanted to contribute to the community. He stated that he feels that zero tolerance is a good way to go. Ben Spencer stated that he supported the traffic calming ideas. He stated that the 4-
lwaawy. stop at College Street is dangerous and something should be done to enforce the speed
Julie Zarbaugh of Spellman Street stated that when someone purchases a house on a State Route they should expect some traffic. She stated that she felt that the staggered parking
on College Street would create more problems than it would solve.
Bonnie Shumway ofNorth Pearl Street stated that the residents of Pearl Street expected some traffic on the street however,the traffic volumes have almost tripled in the last few years.
Sharon Stone stated that the State ofOhio allocates monies for major traffic difficulties. She stated that ifthe village was so concerned,Granville should lobby the state representatives and local representatives.
Manager Plunkett stated that the Village had petitioned ODOT to consider a bypass for SR 661, to which the state said money maybe available after the year 2017.
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Sharon Stone stated that th"e squeaky wheel gets the greasea,n"d she felt that the
residents of Granville should squeal.
Mayor Marshall stated that there had been a number of suggestions. He stated that the
manager has directed the Service Director to order"speed limit strictly enforced"signs.
Mayor Marshall directed the Manager to prepare a letter to Denison University and Granville
High School informing them that Granville will be strictly enforcing the speed limit. He stated
that the Manager and Chief Cartnal would be responsible to pick a date for the new
enforcement policy to take effect. He stated that the staggered parking on College Street and
Mr. Ross'idea should be discussed by the village staff and the staff could recommend
whether to try those ideas. He stated that he felt the police department could not ticket
truckers for crossing the double yellow line when turning. He stated that the traffic signal
timing on Broadway has been addressed.
Councilmember Montgomery stated that if the strict enforcement policy was enforced
on Pearl Street,it should be enforced everywhere.
Councilmember Bellman stated that he felt Council needed to put the message out that
the purpose of the strict enforcement policy is not to ticket people or raise money,but to
increase the safety of children in residential areas.
Herb.Smith of Summit Street stated that ifthe trucks can't make the turn they should
be ticketed. He stated that if they travel outside of the line,they are breaking the law.
Police Chief Steve Cartnal stated that he couldn't see the municipal court judge
enforcing the tickets. He stated that it would cost more money to have Granville officers
sitting down at municipal court for the trials.
Clifton Crais stated that he has been active over the last two years,looking at the
traffic on Pearl Street,and trying to develop and understand what can be done. He stated that
the committee put forth a lot of effort and their recommendations are very conservative. He
stated that in doing legal research,he found the State ofOhio Attorney General and the courts always sided with the municipal corporation. He stated that if wejust close our eyes to the problems they will only get worse.
Mayor Marshall stated that S"peed Limit Strictly Enforceds"igns were ordered and
would be installed,letters would be written to Denison University and Granville High School informing them of the new enforcement policy,Mr. Ross'idea and the staggered parking techniques will be examined by village staff,and the fire department would be contacted. Councilmember Montgomery stated that the school buses should be examined as to their capability of staying in the yellow lines too.
Law Director Hurst was directed to talk to the prosecutor concerning ticketing truckers for not staying inside yellow lines when making a turn.
The traffic committee's final recommendation was to budget money to study traffic and hire an engineer to look at alternative truck routes. After a discussion,it was suggested to fcoornstauccthRoger Davis at LCATS and to see what kind ofcost the Village would be looking at a study.
In conclusion,it was the consensus of Council to take the following actions: 1. tAhnenounce a s"trict enforcementp"olicy,as that phase is understood by Council,for North Pearl Street area.
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2. To establish Monday,September 23, 1996 as the date for implementation of the
new policy.
3. To direct the Village Manager to inform Denison University and Granville High
School of the new policy and the September 23, 1996 enforcement date,so that
they would have an opportunity to forewarn their students.
4. To place signs,issue notices,and otherwise publicize this new policy.
The Council also decided to take the following actions:
1. Regarding the staggered parking on College Street,the decision was to have the
Village Manager check with others in the community,such as the fire department,
to obtain their input on this recommendation.
2. Regarding the proposal for strict enforcement of the traffic rules for turning at
North Pearl and Broadway -a proposal that could impact heavy truck traffic -the
decision was to seek the input ofthe Village Law Director and undertake further
study.
NEW BUSINESS
Lonwaberger PUD Hearing
Law Director Hurst stated that the hearing is to be conducted under Section 1143 of
the Granville Codified Ordinances. He stated that the Planning Commission had made recommendation a to the Council to deny the request and proper notice of the hearing had been
given. He stated that when the Longaberger representatives are concluded with their
presentation,Council has 15 days from the conclusion of the hearing to adopt,deny the
recommendation or to adopt a modification. He stated that in order to reverse or modify the
application,a majority vote ofthe full membership of Council is required. He stated that this
was not an appeal,but was the second step of the PUD process.
Councilmember Bellman excused himself from the Council table because of a possible conflict of interest.
Longaberger Representative Mike Bennett stated that Mr. Longaberger has the most respect for the historical significance ofthe mansion at 537 Jones Road and that is what had motivated him to purchase it. He stated that Mr. Longaberger has spent 3$million in the facility and that should be a good indication of his strong commitment to enhance the
property. He stated that he felt it important to note that Mr. Longaberger had changed the property from commercial to suburban residential to maintain the residential aspect of the property.
Longaberger Representative Joe Spear stated that he managed landscape design for Mr. Longaberger.Mr. Spear presented Council with drawings showing the proposal for the driveway,gate house,security buildings,and landscaping. He stated that the gate was almost identical to the entrance at Jones Road and stated that the gate house would sit back 250 feet from the right-of-way.
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Mike Bennett stated that Mr. Longaberger has the best interest of the property in mind
and designed the driveway to improve the visual for passing traffic and to provide an entrance
for his guests. The Planning Commission had expressed a concern that the gate houses were
in the transportation corridor overlay district,but they've been moved back to address that
concern. He stated that the design of the gate is almost identical to the Jones Road gate and
the stone on the surrounding gate. He stated that Mr. Longaberger strongly feels the
improvements will enhance the property and its vocal point. He stated that since the
completion of the fence,they have heard numerous complaints about the brightness of the
lights and are working to find a remedy for the problem. He stated that they would be happy
to answer questions.
Planning Commission member Keith Myers presented Council with the concerns the
Planning Commission had with the proposal. He stated that the Planning Commission vote
had been 4 to 1.
Mayor Marshall read a letter from Mr. and Mrs. Heckleman who live across the street
and were in favor ofthe proposal.
Carl Wilkenfeld of 317 Elm Street stated that the master plan states that scenic vistas
should be maintained and the polo field is the only scenic vista left on Newark-Granville
Road. He stated that the master plan also stated that rural character should be maintained and
the polo field was the only rural character left. He stated further that the master plan calls for
preserving historic sites. He stated that the mansion is a classic English manor with an
entrance on the side. He stated that there is a possibility that the mansion could be removed
from the historic register ifthe driveway is allowed. He stated that the master plan also that the number of says entrances on Newark-Granville Road should be limited and within the last
2 years at least 10 new cuts have been made. He stated that the plan does not follow the
master plan.
Kelly ?of Shannon Lane stated that in her opinion,the proposal is beautiful and she would love to see that when she was driving in the village.
Cynthia Cort stated that Mr. Longaberger has a perfectly good driveway from Jones Road and there is no reason to give another cut offNewark-Granville Road. After a discussion,Mayor Marshall announced that Council would vote on the matter
at the September 4 meeting and that the PUD hearing was concluded.
Resolution No. 96-51,A "Resolution Directing That The Issue OfA Moratorium On Certain Development Be Placed On The Ballotw,"as introduced,read in full,and moved for adoption by Councilmember Eisenberg. Seconded by Councilmember McGowan
Roll call vote: Eisenberg yes,McGowan yes,Montgomery yes,Freytag yes,Mayor Marshall yes,Bellman abstain. Resolution No. 96-51 was adopted.
Ordinance No. 279- 6,A "n Ordinance To Amend Ordinance No. 379-5 Providing For Adjustments OfThe Annual Budget For The Fiscal Year 1996 And Providing Sums For Operating Expensesw,a"s introduced and it title read by Vice Mayor Freytag. at 7:00 Mayor Marshall set the public hearing on Ordinance No. 279-6 for September 4,1996, p.m.
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Ordinance No. 28-96,A "n Ordinance To Approve The Development Plan For
SuperAmerica Corporation As Recommended By The Planning Commission" was introduced
and its title read by Councilmember Montgomery.
Mayor Marshall set the public hearing on Ordinance No. 28-96 for September 18,
1996,at 7:00 p.m.
Ordinance No. 299- 6,A "n Ordinance To Approve The Subdivision And Development
Plan/ Lot Split Application And Zoning Amendment Application For The Church Of Jesus
Christ Of Latter Day Saints Located At 2486 Newark Granville Roadw,"as introduced and its
title read by Councilmember McGowan.
Mayor Marshall set the public hearing on Ordinance No. 29-96 for September 18,
1996,at 7:00 p.m.
Council scheduled a hearing to consider George Fackler's appeal ofthe Board of
Zoning and Building Appeal's decision to grant a conditional use permit with modifications
for September 18, 1996,at 7:00 p.m.
Law Director Hurst stated that Mr. Fackler's appeal will be the first appeal heard
under the newly adopted Chapter 1137. He stated that Councilmembers should spend some
extra time going through the new requirements. He stated that the changes are substantial and
requires all decisions be in writing. He stated that the new provisions provide the retention of outside Counsel to represent the board.
Vice Mayor Freytag asked if the Village would be applying for the 11th round of
funding from District 17?
Service Director Mark Zarbaugh stated that the project for this round of funding is
South Main Street. He stated that some storm sewer work and repaving would be included in the project.
Councilmember Montgomery stated that the merger commission has finished their
conditions ofmerger. She stated that she is concerned with who will p"ick up the ball"now. She stated that the merger commission indicated that ifthere were town meetings,they would attend to answer questions but their job is finished. She stated that not as Council,but as individuals,perhaps some action should be taken.
Judith Thomas expressed appreciation to Council for adopting the resolution dealing with the moratorium.
EXECUTIVE SESSION -PENDING LEGAL MATTERS
Councilmember Eisenberg moved to enter into executive session to discuss pending legal matters at 9:50 p.m. Seconded by Vice Mayor Freytag. Roll call vote: Eisenberg yes,
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McGowan yes,Bellman yes,Montgomery yes,Freytag yes,Mayor Marshall yes. Six yes
votes. Motion carried.
Council discussed the current issues with the Marathon case.
Vice Mayor Freytag moved to return to regular session at 10: 10 p.m. Seconded by
Councilmember Bellman. Motion carried.
ADJOURNMENT
Vice Mayor Freytag moved to adjourn the meeting at 10: 11 p.m. Seconded by
Councilmember McGowan. Motion carried.

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