Granville Community Calendar

Council Minutes September 18,1996

VILLAGE OF GRANVILLE
COUNCIL MEETING MINUTES
SEPTEMBER 18,1996
CALL TO ORDER
Mayor Marshall convened the meeting at 7:00 p.m.
SWEAR IN NEW MEMBER
Mayor Marshall swore in newly appointed Councilmember Rob Drake.
Mayor Marshall read Council rule number 5 adopted March 1, 1967,informing
citizens that their opportunity to speak was during the citizens comments portion of the
meeting and that citizens shall not otherwise enter into Council deliberations unless called
upon by the Mayor for clarification.
ROLL CALL
Those responding to the roll call were:
Councilmember Drake
Councilmember McGowan
Councilmember Bellman
Councilmember Montgomery
Vice Mayor Freytag
Mayor Marshall
Law Director Hurst
Manager Plunkett
Vice Mayor Freytag moved to excuse absentee Councilmember Eisenberg. Seconded
by Councilmember Montgomery. Motion carried.
PUBLIC HEARINGS
A public hearing was held on Ordinance No. 289- 6,A "n Ordinance To Approve The
Development Plan For SuperAmerica Corporation As Recommended By The Planning Commission."
Carl Wilkenfeld of 317 West Elm Street submitted a letter to Council opposing
Ordinance No. 28-96. A copy ofthat letter is attached as part ofthese minutes.
Councilmember Eisenberg arrived.
Ed Vance of 248 Thornwood Drive stated that he had previously mentioned his opinion that a gas station is not a permitted use in PUD zoning and stated that SuperAmerica should be sent to the Board ofZoning and Building Appeals for a variance.
Councilmember Bellman excused himself from discussion of the matter.
Kirk Combe of 133 Wicklow Drive stated his concern with traffic in the Cherry Valley Road State Route 16 area and suggested that a traffic study ofthe entire area be completed to be used as a guide.
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Village of Granville
Council Meeting Minutes
September 18, 1996
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The public hearing on Ordinance No. 28-96 closed at 7: 12 p.m.
A public hearing was held on Ordinance No. 299- 6,A "n Ordinance To Approve The
Subdivision and Development PlanL/ot Split And Zoning Amendment Application For The
Church Of Jesus Christ Of Latter Day Saints Located At 2486 Newark Granville Road."
No questions,comments,or concerns were voiced. The public hearing closed at 7: 13 P.m.
A public hearing was held on Ordinance No. 309- 6,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."
No questions,comments,or concerns were voiced. The public hearing on Ordinance
No. 30-96 closed at 7:14 p.m.
MAYOR'S REPORT
The Mayor's Report for the month of August was presented for review.
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 August was presented for review.
Vice Mayor Freytag moved to accept the report. Seconded by Councilmember
McGowan. Motion carried. A copy ofthat report is attached as part of these minutes.
REVIEW AND APPROVAL OF MINUTES
The minutes ofthe regularly scheduled meeting of September 4,1996,were presented for review. Councilmember Eisenberg moved to approve the minutes as corrected. Seconded by Vice Mayor Freytag. Motion carried.
CITIZENS COMMENTS
Those signing the register were:
See attached list.
Kirk Combe ofWicklow Drive stated that the Fackler proposal is a commendable type ofdevelopment in Erinwood because the cluster of businesses does not produce heavy laomokosunts oftraffic at a fast pace and that it allows for parking in the rear. He stated that he producfotirvwea. rd to using the facility but feels that the drive through would be counter
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Village of Granville
Council Meeting Minutes
September 18, 1996
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John Cort ofNewark-Granville Road stated his concern with traffic on Newark
Granville Road. He reminded Council that NewarkG- ranville Road s"hould not bea by pass
ofthe by pass"and that traffic shouldn't be routed onto Newark Granville Road.
Carl Wilkenfeld stated that he agreed that the Fackler proposal was a good project but
he was not in favor of allowing the drive though.
Lois Rose,Village Green resident and head of the Homeowners Association,stated
that Village Green residents feel that the Fackler plan is acceptable and like the idea of a drive
through.
Earl Hawkins asked if the drive through is approved and the owners decide that it is
not economically feasible to continue the business and a request from a high volume business
like Taco Bell or McDonalds comes in,what would the answer to their drive through request be?
Councilmember Eisenberg stated that the process would start over again for a new business.
Mary Kay Roberts stated that she has lived on Cherry Valley Road for 47 years and
feels that Mr. Fackler is a respectable,responsible businessman and she would like to see
Council give him what he wants.
Constance Barsky of 221 East Elm Street stated that Council should remember the
tendency to set precedent. She stated that if the Fackler drive through is approved a drive
through precedence may be set for other high volume traffic businesses.
COMMITTEE REPORTS
Councilmember Montgomery reported on the Planning Commission meeting of
September 9, 1996. At that meeting,the commission approved an awning sign request at 119
East Elm Street. The commission did not approve the Longaberger request for an entrance
gated/riveway offNewark Granville Road. The commission is currently debating changing
their Monday meeting nights but have not reached a decision yet. The next regularly scheduled meeting is October 7.
Councilmember Freytag reported on the September 10111 Tree and Landscape Commission meeting. The commission is again applying for the T"ree City USAa"ward. The Commission discussed a citizens complaint that a village tree's leaves and branches make a mess. The commission felt that removing trees citizens complained about would be a bad precedent to set .The commission questioned what if any responsibilities they may have with the new passive recreation park given to the Village by Fanchion Lewis.
Manager Plunkett stated that a topographical survey ofthe park will be performed in a few weeks and a presentation will come before council as to suggestions for what to do with the park. He stated that at this time,there is nothing for the Tree and Landscape Commission to do.
Councilmember Bellman reported on the North Pearl Street Traffic Study Committee meeting of September 17, 1996. Ohio Department ofTransportation and Licking County Area
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Council Meeting Minutes
September 18, 1996
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Transportation Study representatives attended the meeting as well as the fire chief and the
police chief.The committee clarified that the strict enforcement policy did have some
flexibility and the police were not generally ticketing drivers traveling 2 or 3 miles over the
speed limit. Many interesting ideas were considered such as the possibility of installing a
crosswalk at the Pearl and Broadway intersection,and moving the Pearl Street stop bar in
order to accommodate trucks. It was recommended to implement the staggered parking on
College Street for a 6 month trial period.
After a discussion,Council agreed to a 6 month trial period for staggered parking on
College Street between Pearl and Prospect Streets beginning October 1. It was noted that the
experiment could be terminated earlier if many problems occur.
Councilmember MeGowan stated that the Street Lighting Committee will be meeting
soon. He stated that the committee has met four or five times and will make a
recommendation to Council. He stated that in the future he would hope that the committee
could make their recommendations before the issue is printed in the newspaper. He stated that
the committee or Council should be making recommendations and it is not appropriate for the
manager to do so.
OLD BUSINESS
Councilmember Bellman excused himself from discussions on Ordinance No. 28-96.
Ordinance No. 28-96,A "n Ordinance To Approve The Development Plan For
SuperAmerica Corporation As Recommended By The Planning Commission, was reintroduced,its title read,and moved for adoption by Councilmember Montgomery.
Law Director Hurst stated that this was a Chapter 1143 PUD hearing on the
recommendation ofthe planning Commission and that it required a majority vote of Council
to reverse or modify the recommendation.
Councilmember Eisenberg suggested dealing with Carl Wilkenfeld's allegations that the gas station was not a permitted use.
Law Director Hurst stated that the issue had been addressed before and that he had
rendered two legal opinions in 1993 or 1994 and again in 1995 but did not remember the details of the matter. He stated that it was a fair analysis to say that a gas station with a mini mart is a retail establishment and that such use was a permitted use. SuperAmerica Representative John Thaxton informed Council of the changes to the development plan made at the Planning Commission meeting and stated that he did not have
any problems with the conditions specified in the Ordinance. He did note that SuperAmerica would like to have storage in the front of their building.
Councilmember Drake stated that he would like to have more time to consider the issue.He stated that he could vote on the issue tonight,but would have to vote no because he needed more time to examine Section 1143 ofthe Codified Ordinances.
Mr. Thaxton stated that SuperAmerica had been told by the Village that PUD was the required zoning for their use. He stated that they have been operating under that assumption.
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Village of Granville
Council Meeting Minutes
September 18, 1996
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Vice Mayor Freytag agreed with Councilmember Drake to defer action on the
Ordinance.
Law Director Hurst stated that the Charter says that development plans must be
approved by ordinance. He stated that ordinances take a majority vote of Council to reverse or
modify,implying that without enough votes the Planning Commission decision stands. He
stated that the Planning Commission in Granville does not have the authority to pass
ordinances. He stated that he is unsure of what will happen if there is not a majority vote.
After a discussion,Law Director Hurst recommended that the ordinance be tabled in
order for him to study the ramifications if a tie vote is rendered.
Councilmember Montgomery withdrew her motion to adopt Ordinance No. 28-96 and
moved to table the Ordinance. Seconded by Councilmember Eisenberg. Motion carried.
Ordinance No. 28-96 was tabled.
Ordinance No. 299- 6,A "n Ordinance To Approve The Subdivision and Development
Plan/ Lot Split And Zoning Amendment Application For The Church Of Jesus Christ Of
Latter Day Saints Located At 2486 Newark Granville Roadw,"as reintroduced,its title read,
and moved for adoption by Councilmember McGowan. Seconded by Councilmember
Eisenberg.
After a brief discussion,the roll call vote was taken: Eisenberg yes,MeGowan yes,
Bellman yes,Montgomery yes,Drake yes,Freytag yes,Marshall yes. Seven yes votes.
Ordinance No. 29-96 was adopted.
Ordinance No. 309- 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 Expenses, was reintroduced,its title read,and moved for adoption by Vice Mayor
Freytag. 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. 30-96 was adopted.
NEW BUSINESS
Fackler Appeal
Court Reporter Carrie Masterson was present to transcribe the Fackler appeal hearing.
Law Director Hurst informed Council that that the appeal procedures had been met under Section 1137 of the Granville Codified Ordinances,and that the court reporter would be swearing in witnesses wishing to testify. He stated that the Village had hired Attorney Bob Erhard to represent the Board ofZoning and Building Appeals in the matter,and that Council had until the next regularly scheduled meeting to render its decision,and that decision would be reduced to writing within 45 days after it is made.
Attorney Phil Wince,representing George Fackler along with John Ownie,architect
on the project,and traffic engineer Joe Ridgeway,presented Council with the plans and ofthe project and explained their opinion that the drive through would not be a major traffic generator.
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Council Meeting Minutes
September 18, 1996
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After a long discussion,Mayor Marshall concluded the appeal hearing and announced
that the vote would be cast at the October 2, 1996 meeting.
Ordinance No. 23-96,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 for October 2,1996,at
7:00 p.m.
Ordinance No. 31-96A,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 introduced and its title read by Councilmember Eisenberg.
Mayor Marshall set the public hearing on Ordinance No. 31-96 for October 2, 1996,at
7:00 p.m.
Resolution No. 965- 2,A "Resolution Accepting The Amounts And Rates As
Determined By The Budget Commission And Authorizing The Necessary Tax Levies And
Certifying Them To The County Auditorw,"as introduced,read in full,and moved for
adoption by Councilmember Eisenberg. Seconded by Vice Mayor Freytag. Roll call vote:
Eisenberg yes,MeGowan yes,Bellman yes,Montgomery yes,Drake yes,Freytag yes, Marshall yes. Seven yes votes. Resolution No. 96-52 was adopted.
Resolution No. 96-53.A "Resolution To Appoint Members To The Comprehensive
Plan And Zoning Ordinance Review And Update Committee,"
Vice Mayor Freytag suggested action on the Resolution be deferred until Council
consulted with the Township and the School Board.
Councilmember MeGowan introduced Resolution No. 96-53.
Vice Mayor Freytag moved to table Resolution No. 96-53. Seconded by
Councilmember Montgomery. Motion carried.
Manager Plunkett was directed to contact the Township Trustees and the School
Board to see if they were interested in pursuing the matter or having ajoint meeting to discuss the issue.
Resolution No. 965- 4,A "Resolution To Authorize The Village Manager To Submit A Grant Application For 1996-1997 Capital Improvements Projects To District 17,Ohio Public Works Commission,For Funding,On Granville's Behalfw,a"s introduced,read in full and moved for adoption by Vice Mayor Freytag. Seconded by Councilmember McGowan. Service Director Mark Zarbaugh stated that South Main Street Improvements was the project to be submitted which would include reconstruction ofthe street from Broadway to Raccoon Creek. He stated that the Village will be requesting a 20 year interest free loan for the project.
Motion carried. Resolution No. 96-54 was adopted.
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Village of Granville
Council Meeting Minutes
September 18, 1996
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Councilmember Drake expressed his desire to discuss the merger in hopes of
increasing the chances of the merger passing in November. He stated that there is a lot of
negative publicity in the community and he would like to alleviate some of that. He suggested
Council have a worksession to discuss merger and perhaps invite the Township Trustees and
merger commission members.
Council agreed and scheduled a worksession for Tuesday,September 24,1996,at 7:30
p.m.,in Council Chambers.
Councilmember Montgomery stated that she would like to see the Cherry Valley Road
Improvements suggested by former Village Planner Doug Tailford be reviewed by the Streets
and Sidewalk Committee.
After a discussion,Councilmember Drake was appointed to the Streets and Sidewalk
Committee to replace former Councilmember Bennett. Councilmember Bellman was
appointed chairman of the committee. The committee will be calling a meeting to discuss
Cherry Valley Road.
ADJOURNMENT
Vice Mayor Freytag moved to adjourn the meeting at 11: 32 p.m. Seconded by
Councilmember Eisenberg. Motion carried.

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