Granville Community Calendar

Council Minutes October 16, 1996

VILLAGE OF GRANVILLE
COUNCIL MEETING MINUTES
OCTOBER 16,1996
CALL TO ORDER
Mayor Marshall convened the meeting at 7:01 P.M.
ROLL CALL
Those responding to the roll call were:
Councilmember McGowan
Councilmember Drake
Councilmember Montgomery
Vice Mayor Freytag
Mayor Marshall
Law Director Hurst
Manager Plunkett
It was noted that Councilmembers Eisenberg and Bellman would be late.
PUBLIC HEARINGS
A public hearing was held on David Longaberger's PUD application for a Driveway and two gate houses at his property located at 537 Jones Road.
Dorothy Garrett stated her opinion that the drivewayg/ate was an unnecessary addition to Newark
Granville Road and was not in keeping with the neighborhood. She stated that the gate houses were not compatible with the area.
Councilmember Bellman arrived.
Longaberger Representative Tony Tanner stated that the Planning Commission had been concerned
that the new driveway would alter the historic landmark by bisecting the open field. He stated that the
mansion was Dave Longaberger's private property and the Planning Commission was telling someone what
they can do with their private property. He stated that he had tried to find where in the zoning code this
statement was relevant but could not. He stated that the second concern of the Planning Commission had
been the scale and appropriateness. He stated that the Planning Commission felt that the plan was too massive and out of character with Newark Granville Road. He stated that Mr. Longaberger's revised plan had shortened the length ofthe walls by 10 feet and removed a pier. He stated that the revised plan had been scaled down from what was originally proposed. He stated that the Planning Commission had been
concerned with the gate houses being within the Transportation Corridor Overlay District. He stated that
Mr. Longaberger moved the gate houses back 250 feet which was well within the district. He stated that another concern ofthe Planning Commission had been that the gate houses were not symmetrical but he had been unable to find anything in the zoning code dealing with things being symmetrical. He stated that the zoning code calls for two curb cuts for property and that he felt this project was an insurance policy against further development.
Longaberger Representative Jim Gimeson stated that the driveway would link the two properties together and Mr. Longaberger felt linking these two properties together would be making it part ofhis front yard and would be an insurance policy that the property would not be developed.
Councilmember McGowan suggested a compromise. He stated that perhaps the guard houses could pbleacpeu.t on hold and the driveway could be installed to give the community a chance to see the driveway in
Mr. Tanner stated that he did not see a problem with the removal ofthe guard houses. He stated that they were more than willing to compromise but would like to make sure they would have the opportunity to come back to Council for the guard houses at a later date. Connie Barsky of221 East Elm Street stated her concern with the proposal. She stated that in 1995,when the change in zoning occurred,Mr. Longaberger stated in his application that this change
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Council Meeting Minutes
October 16, 1996
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would enhance the neighborhood,promote less traffic etc. She stated that discussion ofthe polo field had
also come up as part ofthe overalllandscape plan. She stated that when one has a landscape plan,they
pretty much know what they want the outcome to be. She stated that later,Mr. Longaberger changed his
fence to stone and iron. She stated that the Planning Commission voted to deny the fence because the fence
was unsafe for children,riders on horses,etc. Mr. Longaberger has had variances granted to him on a
number of accounts. She stated that six months later another change in the fence was made. She stated that
Mr.Longaberger did not have a good track record. She stated that the ordinances have been nibbled away
at and that Council needs to be careful. She stated that she agreed that Mr. Longaberger can do any thing
he wants with his land but the traffic cut is an issue. She stated that the main building of the mansion was
built in the 1800's around the same time as the Buxton Inn.
Carl Wilkenfeld stated that there was not a legal question with this application. He stated that the
zoning code clearly expresses the will in Chapter 1176.02,to protect and preserve historic landscapes. He
stated that this is clear cut with no legal question,and Council should take this into deep consideration. He
stated that he felt sad because the reason we preserve the past and historic sites is because they are ofvalue
to us and because it defines where we come from. He stated that this project defiles that past and takes
something we were given to protect and says were not going to do that anymore and that hurts his heart. He
stated that times change,peoples minds change,peoples fortunes change,and the ownership of property
changes. He stated that the reason we have historical preservation and the reason it is in the master plan is
to protect against changes. He stated that Mr. Longaberger and his men are fine folks and a welcome to the
community and he was not trying to put them down. He stated that it was clear under the law and under the
intent ofthe law this is not acceptable. He stated that he would like Council to really really understand what they're doing when they cast their vote.
Longaberger Representative Jim Gimmeson stated that he lives in the Village of Granville and
believes the new fence to be an improvement and enhancement compared to the old chain link fence. He
stated that Mr. Longaberger never said he wanted to preserve the mansion as it was in the 1800's. Mr.
Longaberger wants to maintain and enhance the mansion. He stated that the mansion has been enhanced
with the tennis courts and he will continue to enhance the property and not take away from it. He stated that
at the time that the mansion was for sale,there were rumors of Wal-Mart and K-Mart purchasing the
property,and it was fortunate that Mr. Longaberger had purchased the property and saved it. that He stated in his opinion,it was inappropriate in a PUD zoning to say that someone cannot install a driveway. He stated that Mr. Longaberger is trying to work to bring the best possible addition to the community,and in his opinion,this is the best. He stated that the property could have houses built all over it like the Murphy's land,and that Mr. Longaberger wants to be a member and a part of the community.
Carl Wilkenfeld stated that the bottom line is that things do change and that is why we have historical preservation. He stated that Mr. Longaberger may change his mind or go someplace else and the Village needs to protect and preserve.
The public hearing closed at 7:30 p.m.
A public hearing was held on Ordinance No. 329- 6,A "n Ordinance To Amend Ordinance No. 37- O95pePrraotvinidging For Adjustments Of The Annual Budget For The Fiscal Year 1996 And Revising Sums For Expenses."
No questions,comments,or concerns were voiced at this time. The public hearing closed at 7:31 P.m.
REVIEW AND APPROVAL OF MINUTES
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The minutes ofthe regularly scheduled meeting of October 2, 1996,were presented for review.
Councilmember Drake moved to approve the minutes as submitted. Seconded by Vice Mayor Freytag.
Motion carried.
The minutes of the special council meeting of October 5, 1996,were presented for review.
Councilmember Eisenberg moved to approve the minutes as correct. Seconded by Vice Mayor Freytag.
Motion carried.
MAYOR'S REPORT
The Mayor's Report for the month of September was preset, icd for review. It was noted that last
weekend,32 speed citations were written on Pearl Street.
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 of September was presented for review.
Vice Mayor Freytag moved to accept the report. Seconded by Councilmember Eisenberg. Motion
carried. A copy of that report is attached as part of these minutes.
CITIZENS COMMENTS
Judith Thomas stated that at the last village Council meeting two weeks ago,Councilmember
Drake had made a statement that she agreed with and felt good about. She stated that the statement made
had been that it was important that council honor the work done by Planning Commission and the Zoning
Board and that the instances when council voted contrary should be strong cases when there are strong
reasons to overturn them. She stated that she was encouraged to see that statement. She stated that she not referring to was any specific application and that she hoped that council will honor the work done by the commissions and only vote to overturn when strong reasons to do so exist.
Carl Wilkenfled asked the law director to give the citizens an idea how SuperAmerica could come back with an ordinance already defeated and have it on the agenda under new business again?
Law Director Hurst stated that his job is to advise Council on legal issues and not debate with citizens the reason for that.
Connie Barsky stated that she had had the opportunity to stop by the Village Offices and look over the traffic plans submitted by all groups planning to build on Cherry Valley Road and SR 16. She stated that she did not see anything that addressed what the total impact of all developments will be. She stated that the traffic plans submitted addressed traffic on a site by site basis without taking into account the cumulative affects and that it was difficult to tell what the whole affect would be. She stated that to continue to approve individual recommendations without knowing the entire affect would be detrimental. She stated that there has not been a traffic plan since 1992,and there has been a considerable amount of traffic change. She stated that ifthe Village continues to work at a piecemeal basis,we are closing ourselves out to anything worth while. She stated that to make a decision with out looking at the whole picture would be wrong.
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Brenda Boyle of 133 Wicklow Drive reminded Council ofthe petition submitted four weeks ago
signed by 64%of the residents in the Village Green. She stated that she is not saying that that represented
the Village Green,but was signed by that percentage ofthe residents. She stated that the narrative ofthe
petition stated that citizens were opposed in principle to any strip development in the Cherry Valley Road,
South Galway Drive area and mentioned fast food,drive-throughs,and gas stations.
Mayor Marshall stated that he would like Ms. Boyle to comment on the recent letter she submitted
which insinuated that a BZBA hearing notice was improperly or not published.
Ms. Boyle stated that that matter had already been addressed.
Mayor Marshall stated that he would like to hear that in public because the Village Staff had been
accused of not doing its job and the accusation is not true. He asked if that was correct,to which Ms. Boyle
answered yes.
COMMITTEE REPORTS
Councilmember Montgomery reported on the October 7, 1996 Planning Commission meeting. At
that meeting,the commission left tabled a request for a set back at lot 31 on Thornwood Drive. The
commission approved a sign at 1921 Newark Granville Road,and held a public hearing on Country Hearth
Inn to be located on South Galway Drive. There was no vote on Country Hearth Inn,the vote will be cast
on October 21. The commission approved window changes at 111 North Prospect Street,approved
replacement of a sign for the Granville Police Department,approved a sandwich board sign for the IGA,
approved a fence at 425 East College Street,approved a chimney replacement at 223 Granger Street,
approved resurfacing of a driveway at 124 Maple Street,and approved siding and window replacements at
341 East Broadway. She stated that she has drawings for Country Hearth Inn if anyone is interested in seeing them.
Vice Mayor Freytag reported on the Union Cemetery Board Meeting. The Board is still concerned
with the stone wall in front ofthe cemetery on Main Street. The wall is falling safety hazard. down and could constitute a
After a discussion concerning the stone wall,Manager Plunkett was directed to have Bird &Bull
look at the wall to determine if a safety hazard existed. If it is determined a safety hazard exists,the wall will be repaired before 1997.
Vice Mayor Freytag stated that the Jessie Munson family has donated $ 4,000 to replace his head
stone in the cemetery. He stated that the money is private donations and the Board is happy to see this being done.
Vice Mayor Freytag reported on the Tree L&andscape Commission meeting of October 8, 1996. He stated that he had been unable to attend the meeting but according to the minutes ofthe meeting,the commission has asked for $13,000 in the 1997 budget for trees. He stated that the board has reviewed the laftdscaping plans for Bob Evans Farms,SuperAmerica,and Country Hearth Inn and has made suggestions on those plans.
Councilmember Montgomery stated that the Planning Commission had requested Council's guidance on three issues: the commission would like approval to tape record all Planning Commission meetings;to limit the time at which to start another item ofbusiness on meeting agendas;and,address the concern about general notifications to the public.
Councilmember Montgomery stated that the Planning Commission would like to establish a time whereby the rest ofthe business on the agenda would be postponed until the next meeting or a special meeting be held to act upon it.
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Law Director Hurst stated that he was aware of a number of mechanisms used by number of
different legislative authorities but it was unclear given the current status of Granville's Codified
Ordinances as to what could reasonably be done without amendment and without running afoul of
Granville's ordinances. He stated that he will be looking into the matter and presenting the Planning
Commission with options that appear to be available to them in order for them to make their own decision
as to what they would like to complete.
Councilmember Montgomery stated that the Planning Commission was concerned about how the
public is notified about hearings other than legal notices. She stated that the Commission felt that legal
notices weren't enough.
Vice Mayor Freytag stated that it was impractical to give everyone in the Village a notice.
Manager Plunkett stated that Granville now had a home page on the Internet and is making an
effort to put minutes as well as other notices on that page.
Manager Plunkett stated that in the 1997 budget,there would be money to purchase recording
equipment and sound amplifications for the Council Chambers.
Councilmember McGowan stated that the Street Lighting Committee has drafted a six year lighting
plan with a seven year option to address the 76 incandescent street light fixtures that need replaced. He
stated that the committee hoped to have something in writing for Council at the next meeting.
Councilmember Bellman stated that on October 10,the Granville School's Charitable Foundation
had met and discussed a number of important items. He stated that there are a number of ideas and the
committee is moving ahead with a fundraising kick off soon.
OLD BUSINESS
Fackler Appeal Decision
Mayor Marshall stated that Council had held the appeal hearing and now needed to vote on the ISSUe.
Law Director Hurst stated that the Board ofZoning and Building Appeals had granted conditional a use permit with conditions and those conditions are what has been appealed;specifically,the drive- through and the question of no left turn offNewark Granville Road. He stated that the left turn issue
is not within the province ofthe board. He stated that the primary issue is the drive through. He stated that this decision is under Chapter 1137.02 h( )and after the announcement of the decision,within 45 days of the decision,Council must formalize,in writing,including findings and conclusion of fact. He stated that the Village Clerk is under obligation to provide a copy ofthat decision to the applicant. He stated that Council may uphold,reverse,modify,or remand for further consideration the decision ofthe BZBA. Councilmember Drake stated that in his opinion,Mr. Fackler had a new traffic study performed and he was uncomfortable to uphold or overturn when new information was brought to Council. He stated that when new facts are presented,the applicant should go back to the board and let the board sort through the information. He stated that he would like to see the matter remanded back to the BZBA. Councilmembers Montgomery and Eisenberg agreed.
Law Director Hurst stated that Council needs to be clear in what they are remanding. He stated that Mr. Fackler has been granted a conditional use,the matter being remanded is the conditions imposed on that conditional use.
After a discussion,Councilmember Eisenberg moved in the matter ofthe Fackler appeal,the decision ofCouncil be that the conditions which appear on page 1 and 2 ofthe finding of fact be remanded tthootsheecBoonadridtioonfsZ.oning and Building Appeals and that the BZBA may either uphold,modify,or eliminate Seconded by Vice Mayor Freytag.
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Roll call vote: Eisenberg yes,McGowan yes,Bellman yes,Montgomery yes,Drake yes,Freytag
yes,Mayor Marshall yes. Seven yes votes. Motion carried.
Law Director Hurst stated that the matter has been remanded to the BZBA but the scheduling of
that cannot be done until the decision is put in writing and sent to the applicant. He stated that the finding
of fact should be complete by the next Council meeting.
Ordinance No. 32-96,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 Expensesw,"as
reintroduced,its title read,and moved for adoption by Councilmember Montgomery. Seconded by
Councilmember Freytag.
Roll call vote: Eisenberg yes,McGowan yes. Bellman yes,Montgomery yes,Drake yes,Freytag
yes,Marshall yes. Seven yes votes. Ordinance No. 32-96 was adopted.
Longabereer DrivewayG/ate
Councilmember Bellman excused himself from the Longaberger discussions.
Law Director Hurst stated that this is a PUD plan under Chapter 1171.04 of the Granville Codified
Ordinances. He stated that there is some discussion ofwhether or not under 1171.04 a( )6()if a
development plan is approved,it is a binding condition on zoning. He stated that what ever action Council
takes needs to be clear because once that approval takes place,nothing else can be done unless another plan
is presented. He stated that within 15 days ofthe close ofthe hearing,Council shall adopt or deny the
recommendation ofthe Planning Commission or adopt a modification ofthe recommendation. He stated
that to reverse or modify the recommendation,a majority vote is required. He stated that Council may adopt,deny or modify the decision ofthe Planning Commission.
Councilmember McGowan stated that in the spirit ofworking though this,he would consider
removing the guard houses from the development plan a suitable compromise and would vote to approve the driveway.
Councilmember Eisenberg stated that he was in favor if the plan if there was a willingness to eliminate the guard houses. He stated that Council needs to look at this on the basis ofthe existing
ordinances and needs to look at the finding of fact to decide if it can be supported. He stated that he has a strong feeling on the issue of fairness. He stated that some ofthe members on the boards and commissions
are voting with their hearts and not paying attention to the ordinances. He stated that the rezoning of the mansion was a great gift to the community and that he couldn't support the finding of fact in this matter. He stated that ifthe guard houses were removed from the plan,he would vote to uphold the matter. Councilmember Drake stated that he would support the driveway with the removal ofthe guard houses and gave reasons why he felt that way.
Councilmember Montgomery stated that she couldn't add much to what had already been said. She stated that two things seem to be in conflict;the scenic vistas being preserved and the propedy owners right to two curb cuts. She stated that the property owners right to curb cuts needs to take precedence here. She stated that the mansion is a unique structure and the kind offence installed around it is not the kind offence she would have in her front yard and vice versa.
Vice Mayor Freytag stated that both sides ofthe issue have powerful arguments. He stated that he found the question difficult. He stated that allowing the driveway to go forward providing that the guard houses are removed would be his best judgment.
Mayor Marshall agreed with the comments made by Council. He stated that Mr. Longaberger has a right to have a driveway and it was not an-access road. He stated that with regard to the curb cut adding traffic on NewarkG- ranville Road,all trips to the mansion come out ofJones Road onto Newark Granville Road. He stated that he would be in favor ofoverturning the Planning Commission in this instance.
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Councilmember Montgomery moved to adopt Mr. Longaberger's modified development plan with
the elimination ofthe two guard houses and that the plan be presented to council in ordinance form.
Seconded by Councilmember McGowan.
Roll call vote: Eisenberg yes,McGowan yes,Montgomery yes,Drake yes,Freytag yes,Marshall
yes. Six yes votes. Motion carried.
Resolution No.965- 3,A "Resolution To Appoint Members To The Comprehensive Plan And
Zoning Ordinance Review And Update Committee.T (ABLED 9-189- 6)
Mayor Marshall stated that the Village is still advertising for candidates and at this time,there was
no need to bring the resolution offthe table and act upon it.
Councilmember Bellman suggested meeting with the Township Trustees to discuss the matter. Mr.
Bellman presented Council with dates that the trustees would be able to meet.
After a discussion,Council set a work session for Thursday,November 7, 1996,at 7:30 p.m. The
Township Trustees and the School Board will be invited to participate. Rick Cole,former Mayor of
Pasadena will be contacted and asked to attend.
NEW BUSINESS
Ordinance No. 239- 6,A "n Ordinance Approving The Development Plan For Bob Evans Farms
With Conditionsw,"as introduced and its title read by Councilmember Montgomery.
Mayor Marshall set the public hearing on Ordinance No. 23-96 and the PUD hearing on the
development plan for November 6, 1996,at 7:30 p.m.
Vice Mayor Freytag stated that he has not researched this but at first blush,it appears that this
ordinance is nothing more than an effort to reconsider a prior decision that did not pass. He stated that it
may be improper for the matter to be reconsidered unless an opponent would introduce a motion to reconsider. He stated that that is his first blush opinion and needs to be researched.
Law Director Hurst stated that he agrees with the statement that this is in the nature of a reconsideration ofmatters previously undertaken by council. He stated that the previous ordinance was not defeated. He stated that the reconsideration at hand here is a matter that came before council and failed to
pass. He stated that even though he hadnt' done the research,Vice Mayor Freytag was talking about a negative vote measure. He stated that he had gone through cases in an effort to determine ifthe Planning Commission decision stood with no modification. He stated that he found that the legal authority has the ability to reconsider any proposed legislation.
Vice Mayor Fre>tag stated that he personally objected to seeing the Ordinance on the agenda and objected to its introduction.
Ordinance No. 349- 6,A "n Ordinance To Approve The Development Plan For SuperAmerica Corporation As Recommended By The Planning Commissionw,a"s introduced and it title read by Councilmember Eisenberg.
Mayor Marshall set the public hearing on Ordinance No. 34-96 and the PUD public hearing for November 6, 1996, at 7:30 p.m.
Ordinance No. 359- 6,A "n Ordinance Approving The Development Plan For David Longaberger's Proposed Gate And Driveway,As Modified,On Newark Granville Road," introduced and it tile read by Councilmember McGowan. was
7:30 Mayor Marshall set the public hearing on Ordinance No. 35-96 for November 6, 1996,at p.m.
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Law Director Hurst asked Council to consider formation of an ad hoc committee consisting of a
Councilmember,a Planning Commission member,a BZBA member,and the Village Planner,to
specifically address some recurring problems and issues that are very frustrating to the Planning
Commission,the BZBA and the community. He stated that committee needs to address what matters come
before the Boards as public hearings and judiciary hearings open to the public. He stated that a uniform
procedure for conducting these hearings and what is expected needs to be established. He stated that he
would be glad to help the committee and explain some ofthe nightmares now being encountered.
After a discussion,Mayor Marshall appointed Village Planner Reza Reyazi and Councilmember
Drake to the ad hoc committee. Mayor Marshall directed the Village Manager to contact Planning
Commission Member Keith Myers and BZBA member Ashlin Caravana to see if they were interested in
serving.
MEETING ANNOUNCEMENTS
Councilmember Montgomery asked ifthe Street & Sidewalk Committee had met to look at the
Cherry Valley Road options?
Councilmember Bellman stated that the committee had not yet met but a meeting was forthcoming.
Manager Plunkett stated that the Personnel Committee would be meeting Thursday,October 17,
1996,at 6:00 p.m.
ADJOURNMENT
Councilmember Eisenberg moved to adjourn the meeting at 9:53 p.m. Seconded by Councilmember Drake. Motion carried.

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