Granville Community Calendar

Council Minutes November 6, 1996

VILLAGE OF GRANVILLE
COUNCIL MEETING MINUTES
NOVEMBER 6,1996
Mayor Marshall convened the meeting at 7:35 PM.
ROLL CALL
Those responding to the roll call were:
Councilmember Eisenberg
Councilmember McGowan
Councilmember Bellman
Councilmember Montgomery
Councilmember Drake
PUBLIC HEARINGS
Vice Mayor Freytag
Mayor Marshall
Law Director Hurst
Manager Plunkett
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Mayor Marshall stated that during the three public hearings, citizens may comment one at a
time on each ofthe three ordinances and asked that comments not be repetitive. He asked the
applicants not to speak at this point;they would have the opportunity to speak when Council
considers the ordinances. He stated that anyone offering evidence would be sworn in by Court
Reporter Carrie Masterson. ( The Court Reporter recorded all public hearings,deliberations and
votes on Ordinance No. 23-96,Ordinance 34-96,Ordinance No. 35-96 and Ordinance 40-96)
A public hearing was held on Ordinance No. 23-96,A "n Ordinance Approving The
Development Plan For Bob Evans Farms With Conditions."
Councilmember Bellman excused himself from the discussions.
Judith Thomas of4 Shepard Place reminded Council ofthe citizen action with the
moratorium that began approximately six months ago. She stated that in the election yesterday,
over 1,100 residents 7( 0%ask)ed for a time out and voted for the moratorium despite the legal
questions that had been raised. She stated that a vote on Bob Evans or SuperAmerica would be
seen as a violation of the will of the citizens of Granville and she urged Council to table any action
on Bob Evans and SuperAmerica.
Planning Commission member Mark Shulman of435 West College Street stated that he
can not speak for or against the project but would ask that Council consider three modified
conditions: the entrance drive being built to village standards;reducing the 44 sq. ft. signs proposed;and adopting a time table ofwhen and what improvements have to be completed. Constance Barsky of221 East Elm Street read a 1995 quote from a Granville citizen in which he asked questions regarding Cherry Valley Road and SR 16,the impacts development would have on Granville,had the zoning code been met in all cases and ifnot,why, Dee Dee Cook of 1137 Cherry Valley Road stated that she was amazed that any business
ever starts in Granville. She reminded Council that the south side ofCherry Valley Road did not want to be in the Village,that they had been happy in Granville Township. She stated that the businesses that want to come to Granville will create jobs and the Cherry Valley Road area is zoned commercial at the wish ofthe residents in the area. She stated that Cherry Valley Road was
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a busy street and that the residents on the south side ofthe road did not feel that they were a part
of Granville and that the Village should let the businesses in.
The public hearing closed at 7:52 p.m.
A public hearing was held on Ordinance No. 349- 6,A "n Ordinance To Approve The
Development Plan For SuperAmerica Corporation As Recommended By The Planning
Commission."
Planning Commission member Mark Shulman of 43 5 West College Street stated that he
was not speaking for or against the ordinance but again had some additional conditions that
should be considered if the Council was to approve the plan. He stated that the Pathway plan of
the Village calls for a bikeway access to the SuperAmerica property from the TJ Evans bikepath
and he believes that it was an oversight of the Planning Commission not to include that. Mr.
Shulman stated that the access road should be subject to staff and engineering recommendations
and that in his opinion, the sign on the front of the building is unnecessary. He stated that a time
line should or a bond should be required so that all improvements are made whether the building
is completed or not.
Ed Vance of 248 Thornwood Drive stated his beliefthat a SuperAmerica gas station is
not an allowable use under the current zoning ofthe property.
Clifton Crais of 234 Pearl Street stated that he hoped Council would vote no on the
ordinance for the reasons noted by other residents. Mr. Crais asked the representatives of the
developments to ask Council that their applications be tabled and to work with the citizens.
Carl Wilkenfeld stated that the kind ofjobs that these developments would bring to
Granville are low skilled,low paying jobs which can be replaced by high skilled,high paying jobs.
He stated that Granville is looking in the wrong direction and this is not the kind of development
to bring to Granville.
Ron Cook of 1137 Cherry Valley Road stated that the snobbish attitude of Granville is
what has taken so long with the discussions on development. He stated that developers have been
here a long time and have spent a lot ofmoney working with Council. He stated that he did not know why developers did not put a stop to this and take legal action.
The public hearing closed at 8:02 p.m.
A public hearing was held on Ordinance No. 35-96,A "n Ordinance Approving The Development Plan For David Longaberger's Proposed Gate And Driveway On Newark Granville Road."
Carl Wilkenfeld stated his concern with the history ofthe proposed gate and driveway. He stated that the Planning Commission had been overturned regarding the fence and now has been overruled on the driveway with the removal ofthe guard houses. He stated that he is uneasy continuing in this fashion unless something is in writing from Mr. Longaberger that this is the end ofhis asking for things.
Mark Shulman of435 West College Street stated that at an earlier meeting,someone had made the comment that Planning Commission members were voting with their hearts and not their heads. He stated that the Planning Commission had had no choice but to turn down the
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application for the fence. He stated that the code speaks directly to eliminating curb cuts and
changing vistas and states that no fence shall exceed 42 inches.
The public hearing closed at 8: 05 p.m.
REVIEW AND APPROVAL OF MINUTES
The minutes of the regularly scheduled meeting of October 16, 1996,were presented for
review. Councilmember Eisenberg moved to approve the minutes as corrected. Seconded by Vice
Mayor Freytag. Motion carried.
CITIZENS COMMENTS
Dee Dee Cook of 1137 Cherry Valley Road stated that she had seen where a meeting will
be held by the Streets and Sidewalks Committee regarding Cherry Valley Road and asked if the south side ofthe street would be affected?
Manager Plunkett stated that the Committee would be meeting to discuss traffic
improvements for the entire area.
Councilmember Bellman stated that the committee.will be focusing on the north side of SR 16 because ofthe immediate task at hand.
Constance Barsky of 221 East Elm Street stated that she hoped the committee would be
addressing the overall traffic plan. She stated that it is critical to have one study that shows the
impact of the proposed developments in the area. She stated that another important item to note is
to get things in writing. She stated that the access road to Galway Drive was not followed
through when Wendys came in and there is nothing in writing to deal with that.
Jane King of 439 North Granger Street stated that she would like to know the personal
impact passage of the moratorium had on each Councilmember. She stated that Council choosing had been to ignore the citizens and perhaps now Council will think it's worth paying a little more attention to the people in Granville.
Councilmember Eisenberg reminded the citizens that the initiative would not have been on the ballot if Council had not put it there.
Councilmember McGowan stated that he was glad to see the support for the moratorium and glad to see the community involvement.
Councilmember Drake stated that he was not surprised to see the moratorium pass. He stated that he did not know that it necessarily meant that it can be applied beyond its terms. He stated that he would do his best to implement it and that in his mind it does not drop the curtain on things that are already here.
Ashlin Caravana of209 East Elm Street stated that this effort is just the beginning ofthe process and she hoped everyone would not disappear;she hoped everyone would stay involved. Judith Thomas of4 Shepard Place stated that ifthe Council had been willing to act in July the citizens would not be here today. She stated that the moratorium would have begun sooner,
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and that this is something that matters to the community,and she did not think it was too late to
table any action.
Dee Dee Cook stated that if Council and the Zoning Boards had passed Bob Evans from
the beginning,there would be no moratorium and we would be eating there now.
Clifton Crais read a prepared statement from Citizens for Sensible Growth supporting the
moratorium and the opportunity to restore faith in local government.
Tony Tanner of Pataskala stated that City Council is a thankless job and as a citizen of
Licking County he wanted to say thanks for doing things right for Granville.
Jerry Griffin of 4 Shepard Place read a quote from Mayor Marshall that had appeared in
the Advocate concerning the moratorium.
Mayor Marshall stated that he had been miss quoted in the article. He stated that the
moratorium would not influence his vote because every subject that come to the table is looked at
on its own merits.
Planning Commission member Lyn Robertson of 342 Granger Street stated that Bob
Evans has been working with the Planning Commission for about 2 years. She stated that she
would like to address the representatives who are seeking to come into a much beloved town
where many people have different views. She stated that the community needs to speak together
and the moratorium is a time where everyone could work together. She stated that six months is a
very short time and asked that the development plans be tabled so that Granville can retain its quality of life.
Planning Commission member Richard Salvage of 73 Berline Court asked when the
moratorium would go into effect without emergency action from Council.
Law Director Hurst stated that legislation passed as an emergency becomes effective
immediately upon passage. He stated that ifthis legislation is passed as an emergency tonight,the ordinance is effective tonight. Ifthe legislation is not passed as an emergency,it becomes effective
30 days after it is passed. Ifthe emergency clause is not passed tonight,the ordinance will be scheduled for public hearing and action at the next Council meeting.
Mr. Salvage stated that a number of people feel that the moratorium is not constitutional
under Ohio Law. He stated that perhaps Council would postpone action guidance. to get some judicial He stated that the people who work with the existing code do care about Granville and he thought everyone felt as passionately about Granville as the people proposing the moratorium. He stated that many residents participated in the master plan drafting,and that the people who work with the plan do everything they can to adhere to the plan.
Carl ?of South Prospect Street stated that the bottom line issue is traffic on SR 16 and Cherry Valley Road. He stated that semi trucks stop along side the road and cross the median to pick up burgers. He stated that he drives up SR 16 several times a day and traffic is bad. He stated he would vote against any ordinance that would draw more traffic to that area. Lyn Robertson stated that in her experience on the Planning Commission, on numerous occasions, something is written in the Comprehensive Plan that connects to the zoning ordinances. She stated that the zoning document is claimed by a legal opinion not to have any connection with the master plan. She stated that we need time out to decide and lay down procedures so that everyone knows exactly what to do. 1
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Ed Vance of Thornwood Drive stated that the biggest single piece of evidence that these
businesses should not be allowed is the fact that 80%of them on Cherry Valley Road require legal
action by the Village.
Ron Cook of 1137 Cherry Valley Road stated that anyone applying in the village would
have to go through legal procedures. He stated that he agrees that there is a lot of traffic on SR
16 and Cherry Valley Road,but that area is not the Village of Granville. Mr. Cook relayed an
instance when the Granville ambulance would not serve his neighbor and when the Village Offices
had to be reminded to service the area with services such as leaf pick up.
Carl Wilkenfeld stated that Granville could use a time out. He stated that many have
argued fairness to the applicants but he did not feel he had been treated fairly,and that people
have rights as citizens. He stated that the only fair thing to do would be to table action until the
laws could be updated.
COMMITTEE REPORTS
Councilmember Montgomery reported on the November 4 Planning Commission meeting.
At that meeting,the commission approved construction zoning certificates for 546 North Pearl
Street and 448 West Broadway,approved a sign permit at 110 East Elm Street,and held a public
hearing on the proposed Fackler development at 1960 Newark Granville Road. That public
hearing was continued until November 18. The Commission also discussed Finding of Fact
procedures and signed the Finding of Fact for Country Hearth Inn. The next meeting will be November 18.
Councilmember McGowan reported on the Recreation Commission meeting ofNovember
5. In May ofnext year,the commission will have aM%operating levy on the ballot. The
commission discussed the possibility of installing restrooms at Wildwood Park,the replacement
directors for the commissionR (od and Debbie McPeek are retiring)a,nd the new TJ Evans bikeway dedication ceremony to be held this Saturday.
Councilmember Bellman stated that the Granville School's Charitable Foundation will
meet at 7:00 a.m.,on November 14 at the Cherry Valley Lodge. He stated that he will be unable
to attend that meeting and invited any member of Council to attend in his absence.
Councilmember Bellman stated that the Streets and Sidewalk Committee will meet Tuesday,November 12,at 7:30 p.m. at the Village Offices. He stated that the committee hopes to sit down in a relaxed friendly atmosphere to devise a mission statement for the traffic issues on Cherry Valley Road.
Councilmember Eisenberg reported on the Personnel Committee meeting. He stated that a detailed report ofthe meetings is available and that the committee had recommended several items which would all be discussed in detail at length in the budget recommendation. The committee also recommended a wage and salary survey be undertaken and completed in 1997. 1
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OLD BUSINESS
Mayor Marshall stated that Court Reporter Carrie Masterson would be swearing in
anyone presenting evidence and that would be followed by cross examination,at which point
Council will discuss review of the matter. He stated that anyone speaking would need to be sworn in.
Larry Wills, Real Estate Manager for Bob Evans Farms,stated that he had been before
Council on numerous occasions and had been involved in the process for 2 years. He stated that
Bob Evans had been a party to the overall rezoning of the land south on Cherry Valley Road and
SR 16. He stated that at that time,a tremendous number of residents in the area were in favor of
rezoning that area to PUD. He stated that at all times,Bob Evans had represented themselves as
Bob Evans Farms, and everyone knew what was planned to be built at that intersection. He stated
that they had been through several meetings with the Planning Commission, and had modified
many things at the request ofthe Planning Commission. He stated that Bob Evans had met with
the Village staff and engineers on several occasions. He stated that Bob Evans ended up at impasse with the Planning Commission an and believed the main problem was architectural and did
not feel that the zoning code addressed aesthetics. He stated that Bob Evans had asked for a vote
at the Planning Commission and received a three to two vote of denial on the project,which sent them to Council. He stated that the Planning Commission's Finding ofFact stated three reasons for disapproval ofthe plan. He stated that Bob Evans had tried to change those three items. He
stated that they had proposed to install a three foot landscape buffer,move the sidewalk back and
allow parking in front ofthe building. He stated that parking in front ofthe building had been a safety concern for which Bob Evans felt the commission had agreed. The other concern was the
proposal for 88 sq. ft signs where 24 sq. ft was allowed. He stated that Bob Evans did eliminate a ground sign and agreed to a 44 sq. ft. sign on Cherry Valley and Council had allowed that sign
variance. He stated the Council approved the development plan but, unfortunately there was a faulty notice and council had to rescinded its ordinance to approve the plan. He stated that he
understood that a moratorium had passed,but was not sure ofthe effect on Bob Evans. He stated that Bob Evans did change the color ofthe roofto gray and had removed some lights at the
request ofthe commission. Mr. Wills asked for approval ofthe site development plan.
Constance Barsky of 221 East Elm Street stated that she had filed an appeal after the approval ofthe Bob Evans development plan for a number of reasons,one being the failure to properly advertise the notice of public hearing. She stated that other issues dealt with Council negotiating changes without having a relevant site plan and without the Planning Commission's review ofthe plan. She stated that she had provided Council with a letter that included a chronology of issues in the Bob Evans case. She stated that it has been a long time since the Planning Commission has seen the plan, and there have been several revisions to the plan including engineering changes and lighting changes. She stated that the porch on the plan is different than the plan submitted to the Zoning office and there had been changes to the landscaping plan. She stated that she felt those changes were significant enough to be remanded
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back to the Planning Commission. Ms. Barsky presented several pictures of different Bob Evans
restaurants in Ohio.
Larry Wills stated that one of the pictures presented is an older style building with the
main entrance in the center.He stated that Bob Evans' has updated that style with a side entrance.
He stated that one ofthe buildings is restaurant designed for smaller communities that are now
inefficient. He stated that the red building could be built in Granville,but Bob Evans felt that that
is not what Granville wanted.
Carl Wilkenfeld stated that in recent Council deliberations,the Mayor and Councilmember
Drake had praised the Planning Commission's decisions and made statements concerning if
changes in plans had been made,the application should be remanded back to the Commission. He
stated that in this case there are many changes that the Planning Commission is unaware of.He
stated that unless Council has become experts,he didn't see how they could make an intelligent
decision. He stated that the Bob Evans building does not meet the current code and that basically
Bob Evans is dictating to Granville what their building is going to look like and he didn't think
that was right.
Planning Commission member Lynn Robertson stated that the building shown to Council
tonight does not look anything like what had been shown to the Planning Commission. She
challenged Council to go through the plan item by item as the Planning Commission does to make . certain everyone knows what they are voting on.
Larry Wills stated that the building does not look like the one presented to the Planning
Commission because the color of the roof had been changed from red to gray. He stated that their
plan is still in file in the zoning office and they would stand by those plans. He stated that if Council wants to go over any item,he would be more than happy to do that. He stated that trunk a sewer has been designed for the Village to tie into the Westgate Drive property and that
Bob Evans and SuperAmerica will spend about $ 250,000 building the sewer system;in addition to many thousands of dollars already spent to design them.
Ordinance No. 23-96, A"n Ordinance Approving The Development Plan For Bob Evans Farms With Conditionsw,"as reintroduced,its title read,and moved for adoption by Councilmember Montgomery. Seconded by Councilmember Eisenberg.
Councilmember McGowan stated that he had asked that the plan be remanded back to the Planning Commission in July and would like to ask that again tonight. He stated that he had contacted Bob Evans Farms to see what they would do to meet the demands ofthe community santadnwdaasrtdosld".that B"ob Evans Farms would do whatever is necessary to meet the community
Councilmember Eisenberg stated that an ordinance to approve the moratorium as an emergency is coming up under new business and he intended to vote for that because he had heard what the public had to say and he intended to follow their orders. He stated that the matters before Council under old business needed to be dealt with. He stated that he had an obligation to follow the ordinances and the charter and ifCouncil were to make these two applicants subject to the moratorium they are sure to be challenged. He stated that the only reason 1
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Council is hearing Bob Evans again is because of an error in the advertisement and out of fairness
to the applicants,he intended to support passage of the ordinance.
Vice Mayor Freytag stated that he had talked to people on both sides of the issue and with
the vote yesterday,in the sprit of the moratorium,this is not what people want and he would vote
to oppose it.
Councilmember Drake stated that he felt the moratorium would be a wonderful
opportunity to use time to Granville's advantage. He stated that this is one of the best examples of
why the zoning laws needed improvement and design review standards need to be devised and
implemented. He stated that he will vote in favor ofthe ordinance.
Councilmember Montgomery stated that she intended to support the moratorium but
believed that it is not in effect yet and she must go by the ordinances and the master plan. She
read the ordinance to the audience and stated that the plan being approved is the same plan
submitted to the Planning Commission. She stated that she would be supporting the ordinance.
Mayor Marshall stated that Council is hearing this again only because of a technicality in
the advertisement of public hearing and he would vote for the ordinance.
After a brief discussion,Councilmember Drake moved to amend the ordinance to remove
as approved by the Planning Commissionf"rom b( )and to add in"cluding roadway and
entrancest"o e( )S.econded by Councilmember Eisenberg. Roll call vote: Eisenberg yes, McGowan no,Montgomery yes,Drake yes,Freytag yes,Marshall yes. Five yes votes,the ordinance was amended.
Roll call vote to adopt Ordinance No. 23-96 as amended: Eisenberg yes,McGowan no, Montgomery yes,Drake yes,Freytag no,Marshall yes. Four yes votes. Ordinance No. 23-96 was adopted.
SuperAmerica Representative John Thaxton stated that SuperAmerica had been in the
process almost three years. He stated that basically, in the last 8 to 10 months,they had been
working with the Planning Commission. He stated that they had worked with the village engineers
for sewer and roads etc. He stated that their property had been rezoned to PCD, and they had been told by the Village Planner and Law Director that that was the proper zoning category in which to build. He stated that SuperAmerica had been through a series ofmeetings with village engineers and the village staff,and everyone had behaved as ifthis were the proper zoning. He stated that SuperAmerica had complied with all the requests of the staff and the Planning Commission. He stated that their plan was approved by the Planning Commission including the landscaping,signage,infrastructure, sewer and roadways. He stated that the Planning Commission had approved the subdivision plan for the entire 17 acres. He stated that they had been through the process and achieved goals the Village had set out and he felt SuperAmerica had an acceptable plan.
Ed Vance of248 Thornwood Drive stated his opinion that SuperAmerica is not an allowable use under the ordinances. He stated that he had brought up this issue many times since 1993 when SuperAmerica first came to Granville. He stated that ifthis is not an allowable use,we have a case for not following the rules that exist. He stated that SuperAmerica has not been to the BZBA to request a variance therefore,it is not proper that one should vote for this until that
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procedure has been met. He stated that the signage is greater than 24 feet,and SuperAmerica has
not been before the BZBA for that variance either.
Mr. Thaxton stated that the zoning issue is one that has been looked at. He stated that in
almost every case PD development is non specific,it is negotiated zoning.
Carl Wilkenfeld stated that SuperAmerica and Mr. Thaxton had behaved wonderfully and
he can't believe that this development would be across the street from Bob Evans. He stated that
it was so conflicting and capricious to approve the hideous Bob Evans. He stated that it was with
great pain that he continue to oppose SuperAmerica. He stated that issue of whether this is a .
permitted use had been brought up a number of times by the Planning Commission and
Councilmembers. Mr. Wilkenfeld read a statement that he had presented earlier to Council
opposing SuperAmerica.
Ordinance No. 349- 6,A "n Ordinance To Approve The Development Plan For
SuperAmerica Corporation As Recommended By The Planning Commissionw,"as reintroduced,
its title read,and moved for adoption by Councilmember Eisenberg. Seconded by Councilmember
Montgomery.
Councilmember Montgomery stated that Council is encouraged to follow the
recommendation of the Planning Commission therefore she will vote in favor of the Ordinance.
Councilmember Drake stated that his thoughts haven't changed and he will support the ordinance.
Vice Mayor Freytag stated that he had previously opposed the ordinance and was still
convinced that this is not a permitted use under Chapter 1171. 02 ofthe code. He stated that his
understanding of the law was that this is a governmental function and people could not take
advantage of a governmental mistake, if such a mistake exists. He stated too,that he was ofthe
opinion that this was simply a effort to change a prior vote of Council and only a person who
opposed it could introduce it again and this was not the case.
Councilmember McGowan stated that he liked the building that was proposed but was unsure if Council should be making this decision and would have to vote no on the issue.
Councilmember Eisenberg stated that he intended to support the ordinance for all the reasons stated about the Bob Evans matter.
Mayor Marshall stated that SuperAmerica had been working with the regulations and rules ofthe Planning Commission and for Council to tell them now that they shouldn't be building would be wrong. He stated that he depended on the law director's opinion and would be supporting the ordinance.
Roll call vote: Eisenberg yes,McGowan abstain,Bellman excused,Montgomery yes, Drake yes,Freytag no,Marshall yes. Four yes votes. Ordinance No. 34-96 was adopted.
Ordinance No. 35-96,A "n Ordinance Approving The Development Plan For David Longaberger's Proposed Gate And Driveway On Newark Granville Roadw,"as reintroduced,its title read,and moved for adoption by Councilmember McGowan.
Longaberger Representative Tony Tanner stated that he did not have a presentation to make to Council because Council had already heard everything they had proposed. 1
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herid- o f-( AAnu-
Motion seconded by Councilmember Drake.
Roll call vote: Eisenberg yes,McGowan yes,Bellman excused,Montgomery yes,Drake
yes,Freytag yes,Marshall yes. Six yes votes. Ordinance No. 35-96 was adopted.
NEW BUSINESS
Ordinance No. 40-96,A-n"Ordinance For Establishing A Six 6( )Month Moratorium On
The Issuance Of Certain Building Permits, With Possible Renewal Of Six (6)Additional Months
IfNecessary,Providing For The Review Of The Comprehensive Plan Of The Village, An
Declaring An Emergencyw,"as introduced by Councilmember McGowan.
Councilmember McGowan then moved to adopt section VIII,the emergency clause,and
read that section in its entirety. Seconded by Councilmember Eisenberg.
Law Director Hurst stated that the legislation as presented is identical to the legislation
originally presented in July by citizens which had been the subject ofpetitions,and which Council
had directed to be placed on the ballot. He stated that the only exception was the emergency
clause which was added as required in order to make the legislation an emergency.
Court Reporter Carrie Masterson swore in all residents wishing to speak on the matter.
Carl Wilkenfeld stated that he is not sure why Council is voting on this issue tonight
because he thought the legislation had been addressed at the Board ofElections.
Law Director Hurst stated that the initiative by the citizens,filed twice,were found to be
defective and rejected. Council directed that this measure be put before the voters. He stated that
because the two efforts by the citizens had had technical inadequacies,this will not take effect and
is not self executing because it was not an initiative effort and that is why Council is voting on it.
Dee Dee Cook 1137 Cherry Valley Road stated that she was concerned about the
legalities involved with the measure and suggested waiting to pass the ordinance until those legalities are looked into.
Clifton Crais stated that this evening had been one of drama and great irony. He stated
that this body is going to vote for this legislation now and there was a period when many members of council had failed to listen to the concerns of the public.
Councilmember McGowan stated that if someone wants to sue the Village they should stand up and come forward so that the public knows who wants to file law suits.
Councilmember Montgomery stated that she feels that Council has been made out to be the b"ad guys"S.he stated that she appreciated everyone's concerns and that she had always tried to be responsible and do what was legally correct.
Clifton Crais stated that the Master Plan should be updated and Council and the Manager had failed to do that. He stated that it is Council's responsibility to keep that a living document. Councilmember Drake stated that now is the opportunity to go forward and use all our energy to update the master plan. He stated that everyone should put bitter feelings behind and start working together. He stated that it is not helpful to decide who is right and who is wrong but wtoitcho.me together as a community and work together to accomplish something everyone is happy
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Councilmember Eisenberg agreed and stated that everyone should work together to make
Granville the place we want it to be.
Roll call vote: Eisenberg yes,McGowan yes,Montgomery yes,Drake yes,Freytag yes,
Marshall yes. Six yes votes. The emergency clause was adopted.
Councilmember McGowan moved to approve Ordinance No. 40-96. Seconded by Vice
Mayor Freytag. Roll call vote: Eisenberg yes,McGowan yes,Montgomery yes,Drake yes,
Freytag yes,Marshall yes. Six yes votes. Ordinance No. 40-96 was adopted.
Councilmember Bellman returned to his Council seat.
Ordinance No. 36-96,A "n Ordinance To Amend Ordinance No. 379-5 Providing For
Adjustments Of The Annual Budget For The Fiscal Year 1996 And Revising Sums For Operating
Expenses And Declaring An Emergencyw,"as introduced and it title read by Councilmember
Drake.
Councilmember Drake moved to adopt Section VI, the emergency clause,and read that
section in its entirety. Seconded by Vice Mayor Freytag.
Roll call vote: Eisenberg yes,McGowan yes, Bellman yes,Montgomery yes,Drake yes,
Freytag yes,Marshall yes. Seven yes votes. The Emergency clause was adopted.
Councilmember Drake then moved to adopt Ordinance No. 36-96. Seconded by Vice
Mayor Freytag.
Roll call vote: Eisenberg yes,McGowan yes,Bellman yes,Montgomery yes,Drake yes, Freytag yes,Marshall yes. Seven yes votes. Ordinance No. 36-96 was adopted.
Ordinance No. 379- 6,A "n Ordinance Providing For The Issuance Of $1,045,000 If
Notes By The Village Of Granville,Ohio,In Anticipation Of The Issuance OfBonds For The
Purpose OfPaying Part Of The Cost Of Constructing Improvements To The Municipal Sanitary
Sewer System,And Declaring An Emergencyw,"as introduced and it title read by
Councilmember Eisenberg.
Councilmember Eisenberg moved to adopt Section 12,the emergency clause,and read
that section in its entirety. Seconded by Vice Mayor Freytag.
Roll call vote: Eisenberg yes,McGowan yes,Bellman yes,Montgomery yes,Drake yes, Freytag yes,Marshall yes. Seven yes votes. The emergency clause was adopted.
Councilmember Eisenberg then moved to adopt Ordinance No. 37-96. Seconded by Councilmember Montgomery.
Roll call vote: Eisenberg yes,McGowan yes,Bellman yes,Montgomery yes,Drake yes, Freytag yes, Marshall yes. Seven yes votes. Ordinance No. 37-96 was adopted.
Ordinance No. 38-96, A "n Ordinance Terminating The Existing Lighting Agreement And Authorizing The Village Manger To Enter Into A New Agreement For Street Lighting For The Village OfGranvillew,"as introduced,and its title read by Councilmember Montgomery. Councilmembers Drake and Bellman noted that they would have to excuse themselves from voting on the ordinance because their law firms represented American Electric Power.
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Mayor Marshall set the public hearing on Ordinance No. 38-96 for November 20, 1996,at
7:30 p.m.
Ordinance No. 399- 6,A "n Ordinance To Amend Ordinance No. 37-96 Providing For
Adjustments Of The Annual Budget For The Fiscal Year 1996,And Revising Sums For Operating
Expensesw,"as introduced and its title read by Councilmember Drake.
Mayor Marshall set the public hearing on Ordinance No. 39-96 for November 20, 1996,at
7:30 p.m.
Resolution No. 965- 7,A "Resolution To Authorize The Village Manager To Advertise
For Bids For The Purchase OfWater And Sewage Treatment Chemicalsw,"as introduced,read in
full,and moved for adoption by Councilmember Eisenberg. Seconded by Councilmember Drake.
Motion carried. Resolution No. 96-57 was adopted.
Resolution No. 96-58,A "Resolution To Adopt The Plan Of The Street Light Committee
For Replacement Of Street Lights Throughout Granvillew,"as introduced, read in full, and
moved for adoption by Councilmember McGowan.
After a discussion,it was decided that a plan acceptable to the Committee and Council had
not been established yet. Councilmember McGowan moved to table Resolution No. 96-58.
Seconded by Vice Mayor Freytag. Motion carried. Resolution No. 96-58 was tabled.
Resolution No. 96-59, A "Resolution To Establish A Time And Place OfA Public Hearing
For The 1997 Municipal Budget As Proposed By The Village Managerw,"as introduced, read in
full and moved for adoption by Councilmember Montgomery. Seconded by Vice Mayor Freytag. Motion carried. Resolution No. 96-59 was adopted.
Resolution No. 96-60, A" Resolution OfRemand With Instructionsw,"as introduced,
read in full, and moved for adoption by Councilmember Eisenberg. Seconded by Vice Mayor Freytag.
After a discussion,Council agreed the resolution should not be adopted until there was clear direction as to what the BZBA would be reviewing.
Roll call vote: Eisenberg yes,McGowan no,Bellman no,Montgomery yes,Drake no, Freytag no,Mayor Marshall yes. Three yes votes, four no votes. Resolution NO. 96-60 was defeated.
Manager Plunkett was directed to get a clear answer on the left turn issue.
Appeal Hearing For McDonalds
DecembMerayor Marshall set the appeal hearing date for McDonalds Corporation for Wednesday, 4, 1996.
Village of Granville
Council Meeting Minutes
November 6, 1996
Page 13
Mayor Marshall stated that at the last Council meeting an Ad Hoc Committee was formed
to discuss the review procedures for the Planning Commission and the Board of Zoning and
Building Appeals. He stated that Councilmember Drake, Planning Commission member Keith
Myers and BZBA member Ashlin Caravana had agreed to serve on that committee. He stated that
Village Planner Reza Reyazi had too been appointed and should establish the first meeting for the
committee.
EXECUTIVE SESSION -PENDING LEGAL MATTERS
Councilmember Montgomery moved to enter into executive session to discuss pending
legal matters regarding the moratorium at 12: 14 a .m. Seconded by Councilmember Bellman. Roll
call vote: Eisenberg yes,McGowan yes,Bellman yes,Montgomery yes,Drake yes,Freytag yes,
Marshall yes. Motion carried.
Councilmember McGowan moved to return to regular session at 12:48 a.m. Seconded by
Councilmember Bellman. Motion carried.
ADJOURNMENT
Councilmember Bellman moved to adjourn the meeting at 12:49 a.m. Seconded by r
Councilmember McGowan. Motion carried.

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