Granville Community Calendar

Council Minutes October 1, 1997

VILLAGE OF GRANVILLE
COUNCIL MEETING MINUTES
October 1, 1997
CALL TO ORDER
Mayor Marshall convened the meeting at 7:33pm.
ROLL CALL
Those responding to the roll call were:
Councilmember McGowan
Councilmember Bellman
Councilmember Montgomery
Councilmember Rader
Vice Mayor Freytag
Mayor Marshall
Law Director Hurst
Manager Hickman
Councilmember Rader Councilmember moved to excuse Councilmember Eisenberg. Seconded by McGowan. Motion carried.
REVIEW AND APPROVAL OF MINUTES
The minutes of the regularly scheduled meeting of September 17, 1997, were presented for review. Councilmember Rader moved to approve the minutes as amended. Vice Mayor Freytag seconded. Motion carried.
CITIZENS COMMENTS
Those signing the register were:
See attached list.
Bill Wemet
Troy Reed
Scott Rawdon
Kim Miles
Mark Zarbaugh
Troy Reed of 123 Wildwood Drive, a Council candidate, read a statement expressing concern for the work session on tonight's agenda with regard to the Comprehensive Plan Review Committees draft ordinance of Chapter 1171, PUDP/ID zoning. He noted that this proposal seemed to be identical to the SBD ordinance. He voiced a concern for the request of emergency action as he assumed this emergency relates to the referendum issues on the November ballot. He asked Council not to consider this an emergency and proceed with normal steps in the review and passage of this ordinance. He added that in his coopninsiiodne,readnbyordinance without a Comprehensive Plan to judge against should not be Council.
Bill Wernet of 134 S. Mulberry, also a Council candidate, and a member of the Comprehensive Plan Review Committee, noted he would address Mr. Reeds concern later in the meeting with regard to the proposed PUD/ PID ordinance.
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Village of Granville
Council Meeting Minutes
October 1, 1997
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COMMITTEE REPORTS
Councilmember Montgomery reported that at the September 22 Planning
Commission meeting the following were approved: Phase I of the First Presbyterian Church
building plans noting that the revised plan looks like an extension of the Education Building
instead of the church, a restroom addition to the shelter house at Wildwood Park, temporary sign for the Granville a IGA, and a zoning certificate for MidOhio Development at
1923 Newark Granville Road. The next Planning Commission meeting will be Monday, Oct 20, 1997.
Councilmember Bellman reported that the trails at the Fanchion Lewis Park have been marked and mowed. He added that a group of boy scouts and girl scouts will be at the park this weekend to clear trails. Opening of the Fanchion Lewis Park is still set for Saturday, October 18, although this date is subject to change. He then noted that he has received an estimate for the Cherry Valley Road project with which the Streets and Sidewalks Committee will need to meet to discuss.
OLD BUSINESS
Councilmember Montgomery inquired as to the progress of the bike path at the Mill and The Evans Foundation's proposed agreement.
Manager Hickman said he had been working on modifications and agreeable solutions with The Evans Foundation and the Mill. He should have a proposal prepared for Council the first meeting in November.
NEW BUSINESS
IGA Appeal Hearina
Mayor Marshall set the IGA Appeal Hearing on the Planning Commission's denial of a sign variance for November 5, 1997.
CommisLsaiwonDirector Hurst instructed the clerk to properly notify IGA and the Planning of the appeal date.
Ordinance No. 189- 7, A"n Emergency Ordinance Enacted By The Village Of Granville, In the Matter Of Rehabilitation Of A Steel Beam Bridge Over Raccoon Creek Within The Southern Corporation Limit Of The Village Of Granville On SR661",was binytrCodouucnecdilm, itesmtibtleeraRnaddeemr.ergency clause read by Councilmember Montgomery. Seconded
Vice Mayor Freytag moved to amend the emergency clause to read a"ffirmative vote SofecfoivnedeCdobuynMcilamyoermMbaerrssh"ainll. place of two thirds of the members elected to Council.
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Council Meeting Minutes
October 1, 1997
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Roll Call Vote: McGowan yes, Bellman yes, Montgomery yes, Rader yes, Freytag
yes, Marshall yes. Six yes votes. The Emergency Clause for Ordinance No. 18-97 was
adopted.
Councilmember Montgomery moved for the adoption of Ordinance No. 18-97.
Councilmember Rader seconded.
Roll Call Vote: McGowan yes, Bellman yes, Montgomery yes, Rader yes, Freytag
yes, Marshall yes. Six yes votes. Ordinance No. 18-97 was adopted
Ordinance No. 19-97, "An Ordinance To Amend Ordinance No. 42-96 Providing Adjustments For Of The Annual Budget For The Fiscal Year 1997 And For Revising Sums For Operating Expenses",was introduced, its title read by Councilmember Rader.
Mayor Marshall set the Public Hearing on Ordinance No. 199-7 for October 15, 1997.
Vice Mayor Freytag asked the Manager for a brief explanation of these appropriations.
Manager Hickman noted that the 8$9,000 were funds received from the Sanitary Sewer Assessment Bond and needed to be appropriated before being spent. The 1$4,098 appropriation is for sidewalk replacement from Sunrise Street to the Golf Course. He noted that the Golf Course is paying for %of their portion of the sidewalk. In addition the staff has proposed 9$,500 to relocate the sidewalk from the Golf Course to Sunrise Street in accordance with the bike path plan of Newark Granville Road. He will supply Council with photo's and maps of this plan in the next Council packet.
Councilmember Bellman noted that if this sidewalk is going to be used as a ncoonrmneacl tor and in conformance with the bike path, he feels it should be wider than the 5 foot width.
Resolution No. 973- 5, A" Resolution To Award The Bid For The Purchase Of An Asphalt Emulsion Storage Tank From The Zimmerman Equipment Company And To Authorize The Village Manager To Enter Into An Agreement Thereforw",as introduced and Rreeasdoliuntfiounll by Councilmember Bellman. Seconded by Vice Mayor Freytag. Motion Carried. No. 97-35 was adopted.
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Council Meeting Minutes
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Petunia Park
Councilmember Rader noted that the Service Department and Mark Zarbaugh went
beyond the call of duty in their work efforts with the Petunia Park parking lot project. He
stated that all the business folks in that area appreciated a job well done.
Fifth District Court of Appeals
Mayor Marshall informed Council of a Fifth District Court of Appeals decision
received today reversing their earlier decision that Council's approval of the Bob Evans and
Super America site plans were legislative acts. Therefore, their decision now states that
Council's approval were administrative and not legislative actions. Administrative actions
are not subject to referendum.
Law Director Hurst gave Council a brief explanation as to the events leading this decision. The appeals filed by up to Ms. Barsky as to Bob Evans, and by KingB/oyle as to Super America were filed as administrative appeals in the Common Pleas Court. Shortly thereafter the Law Director filed a motion to dismiss the administrative appeals arguing that under Granville Village Charter and ordinances, those decision were legislative in nature. Common Pleas Court of Licking County granted his motion and dismissed the appeals. In tum, this decision was appealed to the Fifth District Court of Appeals. The Fifth District Court of Appeals denied the appeal of Barsky -Bob Evans again stating this was a legislative act. The Fifth District Court then heard the KingB/ oyle -Super America appeal and decided it was not a legislative act reversing themselves and in turn remanding the proceedings back to the Licking County Court of Common Pleas. Mr. Hurst noted that according the Fifth District Court of Appeals, these decisions were administrative and therefore not referendable. He advised Council they could file a motion in an attempt to get the Supreme Court to review the Fifth DistMcts decision. He noted that Council has 30 days to attempt or pursue an appeal if they so chose.
Council asked that Law Director Hurst review the options, prepare a recommendation and so advise at the October 15h meeting.
WORK SESSION
Council decided to forego a work session at this time on the draft proposal of Chapter 1171 with regard to the PUD and PID zoning ordinances. Bill Wemet of the dCoocmupmreehnet.nsive Review Plan Committee was asked to familiarize Council with this
Mr.Wemet noted the similarity of this proposal to the SBD ordinances. He noted that this ordinance is trying to balance the cost of infrastructure with the benefits the community will receive. He noted this zoning proposal reflects conditional uses to protect current property owners. He stated this will draw a distinction between those parcels that paurerczhoanseedd PCD prior to the changing of this ordnance. This allows property owners who previously property under certain zoning expectations to have the same opportunity as intended. He pointed out a section of this proposal which would give a developer
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Council Meeting Minutes
October 1, 1997
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the opportunity to share their purpose and intent thus giving the developer a chance to sell
the good points, allowing more balance and focusing on the ultimate goal.
Mr. Wernet stated that this proposal is based on citizens input. He feels this
proposal will make zoning clear to potential developers and landowners as well as provide
more protection in preserving quality of life, standard of living, and the general economic
well being of the village, than what is currently in place.
Councilmember Montgomery questioned why the proposal reflected that mounds
would not be a more natural separation than brick or stone walls.
Committee Member Kim Miles explained that vegetation struggles to survive in
mounding landscapes. She feels that mounding draws an eye to negative opposed viewing as to a grouping of trees which could flourish and not be distracting.
Following a lengthy discussion and debate with regard to the many proposals and changes to this chapter of the ordinances, Council decided this ordinance did not need an secmheerdguelnecdy. clause. A work session to review the proposed Chapter 1171 ordinance was
Mr.Wernet asked Council to vote on this proposal as soon as possible, arguing that currently there is no architectural review process in place in the current ordinance.
Mayor Marshall stated he will not vote for this proposal until the Comprehensive Review Plan has been reviewed.
A work session was set for Wednesday 29, 1997 at 7:00 pm to discuss the proposed PCD Chapter 1171 ordinance.
Newark Granville Road
Councilmember Bellman noted his concern with the looks of the path on Newark Granville Road once the fence has been moved. He asked Council to consider reo-pening discussions on the location of this path. He stated he didn't understand why the focus earlier was on the urgency of this path as it currently will lead no where.
Lodebar
Councilmember Bellman noted the compliments from Thresher Street residents with Creoguanrdcilto Lodebar Contracting and their services on the Thresher Street project. He feels should send an appreciation to Lodebar.
Pearl Street and Broadway
Manager Hickman noted that the School District has agreed to set up another bus stop at the library and the Village can install n"o tum on red -during school hours"signs at itnhteerisnetecrtisoenctdiounrinogf sPcehaorol land Broadway. This was in response to parental concern at this hours.
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Council Meeting Minutes
October 1, 1997
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ADJOURNMENT
Vice Mayor Freytag moved to adjourn the
seconded. Motion carried.

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