Granville Community Calendar

Council Minutes June 19, 1996

VILLAGE OF GRANVILLE
COUNCIL MEETING MINII[ES
JUNE 19,1996
CALL TO ORDER
Mayor Marshall convened the meeting at 7:02 p.m.
ROLL CALL
Those responding to the roll call were:
Councilmember McGowan
Councilmember Bennett
Councilmember Montgomery
Mayor Marshall
Law Director Hurst
Manager Plunkett
It was noted that Councilmember Bellman,Councilmember Eisenberg and Vice
Mayor Freytag would be late.
PUBLIC HEARINGS
A public hearing was held on Ordinance No. 099- 6,A "n Ordinance To Add Section
1121.02 ( f)To The Codified Ordinances OfThe Village Of Granville."
No one appeared to speak for or against Ordinance No. 09-96. The public hearing closed at 7:03 p.m.
A public hearing was held on Ordinance No. 11-96,A "n Ordinance To Amend Section 505. 11 Of The Codified Ordinances Of The Village Of Granville." Councilmember Bellman arrived.
Jim Opeka asked what areas in the Village would be included in this ordinance.
Manager Plunkett stated that currently,there were none,the ordinance was written for the River Road area that may be annexed to the Village.
The public hearing closed at 7:03 p.m.
REVIEW AND APPROVAL OF MINUTES
Councilmember Eisenberg and Vice Mayor Freytag arrived.
The minutes ofthe regularly scheduled meeting of June 5, 1996 were presented for review. Councilmember Bennett moved to approve the minutes as amended. Seconded by Councilmember Montgomery. Motion carried.
MAYOR'S REPORT
The Mayor's Report for the month ofMay was presented for review. Mayor Marshall directed the clerk to file the report.A copy ofthat report is hereby attached as part of these minutes.
MANAGER'S REPORT
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The Manager's Report for the month of May was presented for review.
Vice Mayor Freytag moved to approve the report. Seconded by Councilmember
Bennett. Motion carried.
CITIZENS COMMENTS
Those signing the register were:
See attached list.
Blair Ross of Pearl Street stated his concern with the planned placement of a sidewalk
on the south side of his property. He stated that he had contacted several engineers in hopes to
get a statement concerning land shifting that may occur,but had had no luck. .
Councilmember Bellman stated that he had spent time talking with Mr. Ross and felt
the matter could be simplified. He stated that Mr. Ross would be satisfied with having a
narrower brick sidewalk or a sidewalk as planned,adding a small retaining wall to hold the
soil back and not create potential shifting. He stated that this was a minor request and felt
Council could accommodate Mr. Ross.
Mayor Marshall stated that Service Director Mark Zarbaugh would work with Mr.
Ross and accommodate his needs. He stated that he was sure everyone could be made happy.
COMMITTEE REPORTS
Councilmember Montgomery reported on the Planning Commission meeting of June
10. At that meeting,the commission approved a request from Northtowne Properties to split parcel of land,approved a a fence request at 332 W. Elm Street,and approved with four
conditions a brick fence,garagec/arriage house at 236 W. Elm Street. The Commission
conducted worksessions with McDonalds,Certified Oil,and George Fackler. The Commission discussed the need to establish design review standards.
Councilmember Bennett reported on the North Pearl Street Traffic Committee
meeting. The committee has put together a list of recommendations. However,because ofthe lengthy agenda it was not appropriate to discuss the report at this time. The recommendations are attached as part of these minutes.
Mayor Marshall suggested Council discuss the issue at the next Council meeting.
Vice Mayor Freytag reported on the Old Colony Burying Ground Union Cemetery Meeting. Apparently there are government funds available to replace military markers and some local residents have looked into this. Currently two stones could be replaced. He stated that the Board gave its approval to replace the stones however,he felt Council should be aware that new stones would be placed in the cemetery. He stated that the stones will be designed to look old. The Munson family has $ 3,000 to restore Jessie Munson's memorial.
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They can't decide ifthey want to restore the existing stone or install a new one. He stated that
the stone wall facing Main Street is caving in and needs to be addressed.
Vice Mayor Freytag reported on the Tree & Landscape Commission meeting of June
11. The commission discussed trees in the right of way that had been cutdown. There had
been a complaint concerning the flower beds at the corner of Broadway and College Street.
Apparently,the bushes were too high and blocking the view of traffic. The bushes have been
trimmed.
Vice Mayor Freytag reported on the Street Lighting Committee meeting. The current
contract with American Electric Power expired two years ago. AEP representatives say the
committee must come up with a suitable lighting plan because the current lights can no longer
be maintained. If Granville does not have a lighting plan by the end of the year,AEP could
remove all existing street lights. He stated that this was the first time AEP had put a deadline
on the lighting plan.
OLD BUSINESS
Ordinance No. 089- 6,A "n Ordinance To Repeal Existing Chapter 1191 And Add
Chapter 1191 To The Granville Codified Ordinances To Control The Placement And Use Of
Satellite Dish Antennae And Communication Towers For Communication Distribution
Systems And Declaring An Emergency."
Vice Mayor Freytag moved to remove Ordinance No. 96-08 from the table. Seconded
by Councilmember Bennett. Motion carried. Vice Mayor Freytag then moved for adoption of Ordinance No. 08-96. Seconded by Councilmember Bennett.
Law Director Hurst reviewed the amendments made to the ordinance since its
introduction. After a discussion,Council agree to adopt the ordinance now and make amendments later to correct the minor problems.
Roll call vote: Eisenberg yes,McGowan yes,Bellman yes,Montgomery yes,Bennett
yes,Freytag yes,Mayor Marshall yes. Seven yes votes. Ordinance No. 08-96 was adopted.
Ordinance No. 099- 6. A"n Ordinance To Add Section 1121.02 f()To The Codified Ordinances OfThe Village OfGranvillew,"as reintroduced,its title read,and moved for adoption by Vice Mayor Freytag. Seconded by Councilmember Montgomery Roll call vote: Eisenberg yes,MeGowan yes,Bellman yes,Montgomery yes,Bennett yes,Freytag yes,Mayor Marshall yes. Seven yes votes. Ordinance No. 09-96 was adopted.
Ordinance No. 11-96, " An Ordinance To Amend Section 505. 11 OfThe Codified Ordinances OfThe Village OfGranvillew,"as reintroduced,its title read,and moved for adoption by Councilmember Bennett . Seconded by Vice Mayor Freytag. Councilmember Bellman indicated that he would like to hear more comments on the ordinance before he voted on it.
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After a discussion,a roll call vote was taken: Roll call vote: Eisenberg yes,
McGowan yes,Bellman yes,Montgomery yes,Bennett yes,Freytag yes,Mayor Marshall yes.
Seven yes votes. Ordinance No. 11-96 was adopted.
Councilmember McGowan stated that he had noticed the bikepath in the area of the
mill has many safety issues that should be addressed. He stated that the gravel in that area is
rough and the stop sign at Main Street has been removed.
Mayor Marshall stated that Council is dealing with that issue and needs to get it
complete.
NEW BUSINESS
Mayor Marshall stated that because of the large concern over Ordinance No. 17-96,he
would move that item up on the agenda for consideration at this time.
Councilmember MeGowan stated that he had been asked to introduce the Ordinance
by a village resident and felt that it was his duty to do so. He stated that he is not antidevelopment,
he is for sensible development,and did not have anything to do with the
drafting of the ordinance. He stated that he felt it was his duty to introduce the ordinance for the citizens.
Mayor Marshall explained the emergency ordinance adoption procedure to the audience.
Councilmember Bellman stated that he must remove himself from the table at this
point. He urged all Village and Township residents to pull together during these difficult
times and unite as one. He stated that it was important that everyone work together and put emotions aside to come to a fair and reasonable decision for everyone.
Councilmember Eisenberg stated that he objected to the procedure taking place
tonight. He stated that he felt it to be inappropriate to gather petitions and use that format to gain attention for any matter worthy of being pursued. He stated that if legislation is
necessary,the village manager and the law director should draft it. He stated that in his years on Council,they have never dealt with legislation that did not go through that process. He stated that he found the ordinance somewhat offensive to current and previous Council, village staff,and Commissions. He stated that he feels Council is setting a dangerous precedent and he can't believe any member ofCouncil would introduce the ordinance in its current form.
Councilmember McGowan stated that the ordinance was presented to him by residents and he felt it his duty to introduce it for discussion.
Ordinance No. 179- 6.A "n Ordinance For Establishing A Six 6( )Month Moratorium On The Issuance OfCertain Building Permits,With Possible Renewal OfSix 6( )Additional Months IfNecessary,Providing For The Review OfThe Comprehensive Plan OfThe Village, MAnedGDowecalna.ring An Emergencyw,a"s introduced and read in full by Councilmember
Mayor Marshall reopened the citizens comments section ofthe meeting in order to take comment on the emergency clause of Ordinance No. 17-96.
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Mary Fellabaum stated that citizens have gathered a petition with a total of 630
signatures;367 village signatures and 263 township signatures. She presented the petition to
Council.
Mayor Marshall read the petition title.
Sara Goss Norman,an attorney from Cleveland,stated that she had drafted the
ordinance now before Council. She stated that she had drafted the ordinance after looking at
Granville's codes and charter,and was it was necessary to adopt as an emergency now
because if Council chooses not to work with the group,they will collect the necessary
signatures to make this a ballot issue in the next general election. She stated that a group of
citizens are asking Council to join them in this effort. She stated that the moratorium does not
stop growth except for a short period of time. She stated that the citizens need time to make
sure the comprehensive plan is implemented and ifyou are against the comprehensive plan,
you should vote against the moratorium. She stated that if the emergency clause does not pass,
a number of people and organizations are going to want to get development projects passed
immediately before stricter codes are enforced. She stated that the ordinance is not stopping
the current codes and commissions from operating,but is addressing specific areas of
problems and concerns. The ordinance will not affect residential buildings because Granville
has no problems with residential growth. She stated that they are ready to go forward and
urged Council to join them.
Matt Kennedy of Pinetree Drive stated that he was a township resident and soon would
be moving to the Village. He stated that he has many friends in Granville and would like to
keep it that way. He stated that the company he works for,The Jerry McClain Company,is
not involved with this issue. He stated that he has gathered a good bit of information moratoriums and is on very concerned. He stated that he believes the people who started the
moratorium were well intended but what has happened in the past concerns him. He asked if
this was truly a threat to the health,safety and welfare of the people at this point?Mr.
Kennedy read several findings and case laws to Council concerning moratoriums. He stated that ifthis takes place,he fears that the community will not be able to walk down the street and talk to their neighbors. He stated that he understood the problems facing Granville and
agrees that the problems need to be worked out,but would vote against this moratorium.
Judith Thomas of Shepard Place stated that the residents of Granville shouldn't fear
not being able to talk to one another no matter which side they fall on. She stated that she would support the moratorium because she feels the community needs breathing room to allow good public discussion on the issues.
Bob Essman ofCherry Valley Road stated that he neither opposed to supported the ordinance however,the language needs to be more precise.
Richard Salvage ofBerline Court stated that he didn't want to speak pro or con on the issue but felt the community had a right to know who this attorney from Cleveland works for. Sara Goss Norman stated that she can not tell every single person she has met with. She stated that it is a group of individuals who are putting together a non profit corporation and will be required to name a Board ofDirectors. When the Board ofDirectors have been named,it will be public information.
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Councilmember Eisenberg asked who signed Ms. Norman's check,to which she
answered she is legally incapable of telling.
Richard Salvage asked if there was anyone in the audience who could answer
Councilmember Eisenberg's question,to which no one responded.
Carl Wilkenfeld stated that there are 600 +signatures on the petition and nobody was
hiding anything. He stated that anyone is welcome to go through the petition. He stated that
many citizens are not happy with the current development in Granville and are asking for
some breathing room.
Councilmember Bennett stated that in his opinion,it would make a great impact to
know if this was truly a citizens movement and to know who funding this. He stated that
who is providing the funds"is an important question.
Herb Murphy stated that the name that has been mentioned in the papers is the general
manager of Cherry Valley Lodge which is a hotelfrestaurant and this moratorium will stop
two motels and three restaurants from building. He stated that the Cherry Valley Lodge is in
Newark.
Patty Harklau stated that she is the general manager of Cherry Valley Lodge and
Country Hearth Inns is not competition to them.
Bob Kent of Pinehurst Drive stated that he wonders if people in the township and
village who are upset have ever stopped by Village Planner Doug Tailford's office. He stated
that ifyou talked to any developer,they would tell you that Granville is not an easy place to
develop in. He stated that he feels the current Woolpert Plan has done a good job. He stated
that he thinks Granville has a good control on growth now and if citizens have some ideas to
share they should do it,but they couldn't stop growth.
Gay Wienberg stated that she and her husband signed the petition and have attended
township and village meetings since they arrived in 1990.
Tony Delgatti stated that he is a township resident and is an attorney representing
McDonalds. He stated that he is concerned with the precedent that would be set if Council
adopts the ordinance. He stated that the ordinance is full of " windows,likelihood's,and what
ifs." He stated that he believed the ordinance violated a number of property rights and unconstih, tional. He asked Council was to seriously consider denying the ordinance.
Frank Murphy ofthe Murphy Group stated that in 1988 he had presented his plans for Erinwood and the Village was then in the process of updating its master plan. He waited until the master plan was complete to submit Erinwood's plans to the Village and since that time has lived within the rules. He stated that this would be taking time out to change the rules of the game. He stated that the Murphy Group has done everything the Village has asked for and that his land is zoned commercial for development. He stated that ifthe ordinance is passed, he feels that it will hurt the people of Granville and divide the people of Granville. LarryWills ofBob Evans Farms stated that Bob Evans currently owns the property on the southeast corner ofCherry Valley and SR 16. He stated that everyone has been talking about breathing room,but Bob Evans has been working with the Planning Commission for two years. He asked Council not to pass this ordinance.
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Tom Harvey of Burg Street asked how long it would take to develop a new
comprehensive plan to which Mayor Marshall answered two years. Mr. Harvey urged Council
to vote against this issue.
John Thaxton of SuperAmerica stated that the proposed ordinance states that a rush of
applications will come in if the village chooses to adopt the ordinance. He stated that he has
been in the process with the village now for three years. He stated that both Council and the
Planning Commission have showed great care in preserving Granville. He stated that he
personally has designed and redesigned to meet the concerns of the people. He stated that that
there were no historical buildings on the property they are trying to develop and he hoped that
Council would deny the ordinance.
Ed Vance of Thornwood Drive stated that there is a difference of opinion as to
whether the comprehensive plan is being followed or not. He stated that many people feel it is
not being followed and the residents are asking for a short period of time to examine the
issue.
Kathy Larson stated that one of the statements in the comprehensive plan is that there
be no commercial development on Cherry Valley and SR 16 and that has been one ofthe first
things to go. She stated that everyone should get out their comprehensive plans and read it and
that the ordinance is an emergency because the township feels their way of life is threatened.
Ron Cook of Cherry Valley Road stated that he owned a small real estate company and
felt that the current codes in Granville were working. He stated that if something is not broke, don't fix it.
Charles Metzger of Maplewood Drive stated that the comprehensive plan recommends
review on an bi-annual basis.
Phil Wince stated that he was a township resident and also represented George
Fackler. He stated that Mr. Fackler went to the Planning Commission six months asked what they wanted with his development. ago and He stated that Mr. Fackler has a design
Granville can be proud of and if Council were to change to rules now,that would be an outrage. He stated that the competition issue needs to be looked at and the public should know who is behind this petition drive and who is paying the bills.
George Wales,a township resident,stated that Council should look at the Master Plan closely. He stated that Granville is a wonderful town with a wonderful school system. He stated that the development in east Granville will draw people out ofthe downtown and he didn't want to live in a Westerville or Dublin. He stated that the residents are asking for six months to think about this issue.
Constance Barsky stated that if the comprehensive plan had been followed,there would be no need for these discussions. She stated that the residents are trying to do something that is in the best interest ofthe Village.
Mayor Marshall closed the Citizens Comments session.
Councilmember McGowan introduced the emergency clause ofOrdinance No. 179-6 dauned moved for its adoption. There was no second to the motion. The emergency clause failed to lack of a second.
7:00 Mayor Marshall scheduled a public hearing on Ordinance No. 179-6 for July 17,at p.m.
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Councilmember Bellman returned to his Council seat.
Ordinance No. 129- 6,A "n Ordinance To Add Section 1159.03 e( )3()To The Codified
Ordinances OfThe Village OfGranvillew,"as introduced and its title was read by Mayor
Marshall.
Mayor Marshall scheduled the public hearing on Ordinance No. 12-96 for July 3,
1996,at 7:00 p.m.
Ordinance No. 139- 6,A "n Ordinance To Amend Ordinance No. 379-5 Providing For
Adjustments OfThe Annual Budget For The Fiscal Year 1996 And Revising Sums For
Operating Expensesw,"as introduced and its title was read by Councilmember Bennett.
Mayor Marshall scheduled the public hearing on Ordinance No. 13-96 for July 3,
1996,at 7:00 p.m.
Ordinance No. 149- 6,A "n Ordinance To Repeal Section 313.11 e( )Of The Codified
Ordinances Of The Village OfGranvillew,"as introduced and its title read by Vice Mayor
Freytag.
After a brief discussion,Manager Plunkett was directed to gather accident reports and
seek Police Chief Cartnal's opinion on the issue.
Mayor Marshall scheduled the public hearing on Ordinance No. 14-96 for July 3, 1996,at 7:00 p.m.
Ordinance No. 15-96,A "n Ordinance To Amend Section 1137.01 Of The Codified
Ordinances Of The Village OfGranvillew,a"s introduced and its title read by Councilmember Eisenberg.
Because not all members of Council will attend the July 3 Council meeting,Mayor
Marshall set the public hearing on Ordinance No. 15-96 for July 17,at 7:00 p.m.
Ordinance No. 169- 6,A "n Ordinance To Amend Section 1139.05 Of The Codified
Ordinances OfThe Village OfGranvillew,"as introduced,and its title read by Councilmember Montgomery.
Mayor Marshall set the public hearing on Ordinance No. 16-96 for July 17,at 7:00 P.m..
Council discussed the need to put together a request for proposal for design standards. Council directed Manager Plunkett and Village Planner Doug Tailford to put together a request for proposal for Council and the Planning Commission to review.
Councilmember Eisenberg stated that he will not be able to attend the June 26th meeting dealing with Bob Evans. He stated that he has always supported the Planning Commission and has always been very tough on developers. He stated that in the Bob Evans case,considering the length oftime and the response and changes made at the request ofthe
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Planning Commission,in his opinion,to ask Bob Evans to go further is not reasonable and he
did not support denying their request at this point.
MEETING ANNOUNCEMENTS
Village Council will meet on June 26 to hear Bob Evans Development Plan request.
EXECUTIVE SESSION
Councilmember Bennett moved to enter into executive session at 9:55 p.m. to discuss
pending legal matters. Seconded by Vice Mayor Freytag.
Roll call vote: Eisenberg yes,MeGowan yes,Bellman eyes,Montgomery yes,Bennett
yes,Freytag yes,Marshall yes. Seven yes votes. Motion carried.
Law Director Hurst briefed the Council on the County Commissioners denial ofthe
River Road annexation.
Councilmember Bennett moved to return to open session at 10:31 p.m. Seconded by
Councilmember Eisenberg. Motion carried.
ADJOURNMENT
Vice Mayor Freytag moved to adjourn the meeting at 10:33 p.m. Seconded by
Councilmember Montgomery. Motion carried.

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