Granville Community Calendar

Council Minutes 1/6/99

 CALL TO ORDER
     Mayor Bellman convened the meeting at 7:32pm.  
 
ROLL CALL
Those responding to the roll call were:
                
Councilmember Robertson            Mayor Bellman    
Councilmember Minklei            Law Director Hurst
Councilmember Wernet            Manager Hickman
Councilmember Rader

Councilmember Robertson made a motion to excuse
Councilmembers Lucier and McGowan.  Councilmember Rader
second.  Motion carried.
        
PUBLIC HEARING
    A public hearing was held on Ordinance No. 30-98, An
Ordinance Approving The Development Plan For Rambling Rose
Shoes And Accessories With Conditions.
 
    Dave Britton of 1117 Cherry Valley Road expressed
concern that it appeared  parking would be in the rear of
this location.  He is concerned about back yard disturbances
and questioned why this development plan did not include
visual screening for the parking lot.

    Mayor Bellman noted the Suburban Business District
zoning is intended to keep views from the road aesthetically
pleasing.

    Councilmember Wernet stated that once all properties
in this area have converted to commercial business, the long
term plan is to create an access road running along the back
of the properties thus minimizing traffic congestion on
Cherry Valley Road and creating easier access to those
commercial locations.  

    In reviewing the development plan, Manager Hickman
noted the plan does include several hemlocks as part of the
vision screen (as required by zoning ordinances) along the
north side of the parking lot.

    The public hearing closed at 7:39pm.
 

NEW BUSINESS

    Ordinance No. 01-99, An Ordinance Approving The
Development Plan For New Day Spa With Conditions was
introduced, its title read by Councilmember Rader.  Mayor
Bellman set the public hearing for January 20, 1999.

    Ordinance No. 02-99, An Ordinance To Amend Section
1163.03(a) Of The Codified Ordinances Of The Village Of
Granville, Ohio was introduced, its title read by
Councilmember Rader.  Mayor Bellman set the public hearing
for January 20, 1999.

    Ordinance No. 03-99, An Ordinance To Amend Ordinance
No. 23-98 And To Endorse The Formation Of A Joint
Sub-Committee With The City Of Newark And Declaring An
Emergency was introduced, its title read by Councilmember
Wernet with concurrence from Councilmember Robertson and
Mayor Bellman.  

    Bob Howarth stated that eleven businesses currently
using Cherry Valley Road for access to SR 16 have agreed to
voluntarily limit truck traffic currently using  Cherry
Valley Road to access SR 661 through Granville.  He affirmed
that Tamarack Dairy, and Englefield Oil will cease to use
SR661 except to service local customers.  In an effort to
resolve the problem of truck traffic he noted that informal
conversations have been successful thus far and formal
mediation may not be necessary.  However, as representative
of the eleven businesses, he made a "good will" offer to
provide mediation consisting of $6,500 (50 hrs. x $130) plus
10% expenses (total of $7,150) in an effort to aid in the
benefit of harmony between Newark and Granville.   In turn,
Mr. Howarth asked that Cherry Valley Road be excluded from
the Ordinance by either a moratorium or suspended
indefinitely.  The eleven companies are Antamatic, Box USA,
Englefield Oil, Genesis Transportation, Bundee, Redskin
Transportation, Reynolds & Reynolds, State Farm (Cherry
Valley location), Southgate Corporation, Tamarack Dairy, and
Universal Veneer.

    After meeting with several Newark City
Councilmember’s Mayor Bellman stated he is encouraged by the
initial contacts made, cooperation, and camaraderie from the
group.  It was suggested that a joint committee be formed to
address long term truck traffic issues, as well as a broad
range of other issues, that affect the two communities.   

Jim Hostetter, Newark City Law Director, noted his wish that
Granville feel comfortable with Newark City Council in that
they will follow through with their intentions.  He stated
that Newark City Council feels strongly about their support
for all businesses in the City of Newark and they feel
obligation to respond when concerns are noted.  His hope is
that  Granville Village Council will understand that Newark
City Council is here to help solve these issues.  He noted
that there are some ideas and steps that Newark can take to
help assist in resolving these truck



traffic issues and feels there is no need for mediation at
this point.  He did, however, suggest that a solid traffic
study be done to aid in a resolution for both communities.  

 Julie Barrett, Newark City Councilmember,  noted her
excitement at being a part of this camaraderie and is
looking forward to serving of the joint committee.  She
feels only positive things can come from this kind of
communication.

Dave Britton, of 1117 Cherry Valley Road, stated that since
the widening of Cherry Valley Road, traffic has not been
"backed up" to his house as in the past.  In his opinion, he
doesn’t have a problem with trucks on Cherry Valley Road.

Councilmember Rader made a motion to amend Section II of
Ordinance No. 03-99 suspending the effective date of
Ordinance No. 23-98 indefinitely.  There was no second to
that motion.

    Councilmember Wernet noted that with respect to
Cherry Valley Road, this Ordinance has never gone into
affect and probably never will.  He is in agreement with
leaving the language as introduced but feels it is likely
that Councilmember Rader’s suggestion will be the ultimate
outcome.

    Councilmember Minklei would like to see this review
progress at a quicker pace but agrees that six months is
probably necessary.   However, she does not feel the time
frame should be extended beyond six months.

    Councilmember Wernet made a motion to introduce the
Emergency Clause of this Ordinance No. 03-99.  Councilmember
Bellman  and Robertson second.  

    Roll Call Vote on Emergency Clause: McGowan absent,
Lucier absent, Robertson yes, Minklei yes, Wernet yes, Rader
yes, Bellman yes.   Five yes votes.  Emergency Clause is
adopted.

    Roll Call Vote on adoption of Ordinance No. 03-99:
McGowan absent, Lucier absent, Robertson yes, Minklei yes,
Wernet yes, Rader yes, Bellman yes.  Five yes votes.  
Ordinance No. 03-99 is adopted.

    Mayor Bellman called for a 5 minute recess.

     Resolution No. 99-01, A Resolution Regarding
Services In Territory Proposed For Annexation Upon
Annexation, was introduced and read in full by
Councilmembers Robertson, Wernet, and Mayor Bellman.  
Councilmember Robertson second.  Motion carried.  Resolution
No. 99-01 is adopted.
   

REVIEW AND APPROVAL OF MINUTES

The minutes of the regularly scheduled meeting of December
16, 1998, were presented for review.  Councilmember Wernet
moved to approve the minutes as amended.  Councilmember
Robertson second.  Motion carried.    

CITIZEN COMMENTS

    Those signing the register were:
See attached list.

    There were no citizen comments at this time.

    Mayor Bellman closed Citizen Comments at 8:34pm.

COMMITTEE REPORTS
 
Councilmember Wernet reported that the Planning Commission
has recommended that Council approve a development plan for
New Day Spa.  

Councilmember  Robertson reported that she and Councilmember
Rader met with Jim Jump and Law Director Hurst to discuss
progress of Ordinance No.’s. 19 and 20-98.  Though some
progress was made she noted there was another meeting
scheduled for next Wednesday.
 
OLD BUSINESS

    Ordinance No. 30-98, An Ordinance Approving The
Development Plan For Rambling Rose Shoes And Accessories
With Conditions was reintroduced by Mayor Bellman.  Second
by Councilmember Wernet

    Roll Call Vote:  McGowan absent,  Lucier absent,
Robertson yes, Minklei yes, Wernet yes, Rader yes, Bellman
yes.  Five yes votes.  Ordinance No. 30-98 is adopted.
    
OTHER

    Bank First National Lease
    Manager Hickman noted that Bank First National has
requested to be released from their lease of the office
space located at 143 E. Broadway.

    Council discussed the fact that several inquiries
have been made in regards to leasing the space.  There was
also discussion of pursuing liquidated damages



from Bank First National.  Another thought was to consider
leasing the space to an enterprise which could similarly
secure a lease with the Village.

    Law Director Hurst stated that although Council
could not be discriminatory in  their decision of a new
leasee, Council does have the right to be selective.  
 
    It was requested that Scott Rawdon, reporter for the
Sentinel,  report that the Village may be interested in
leasing the space at 143 E. Broadway.
 
    Licking Soil And Water Conservation District
    Manager Hickman reported that the Fanchion Lewis
Park Committee would like to sign a Cooperative Conservation
Agreement with the Licking Soil and Water Conservation
Agreement.  This agreement would allow the Licking Soil and
Water Conservation District to offer free services and
advice to the Park Committee.  He noted the LSWCD was
helpful in the consideration of recent pond dredging at the
park.

    Council had several concerns and requested Manager
Hickman invite the LSWCD to a future council meeting to
address these concerns.

    Modular Home Permitted Use
    Law Director Hurst asked Council to consider the
possibility of a use for a modular home business within the
Community Service District.  These units would be
pre-assembled, for viewing purposes only.  Recognizing the
arguments that this endeavor may be a conditional use, he
believes this type of business endeavor is appropriate in
the Community Service District, Section 1167.02(a)(1).   Mr.
Hurst noted that the requirements of the site plan for this
business endeavor is for the Planning Commission to decide.
  Mr. Hurst requested that Council consider amending the
ordinance to make this a specific permitted or conditional
use.

    Councilmember Lucier arrived - 9:00pm

    Following a discussion, Mayor Bellman recommended
that an Ordinance be proposed to evaluate whether it should
be amended as a permitted or conditional use.  He feels this
use is not currently covered as either a permitted or
conditional use under the zoning codes.

    Councilmember Minklei noted that during the
procedures for the review of the  Suburban Business
District, "such as" was deleted with the intent that an
applicant must request an amendment of an ordinance.

    It was suggested that an Ordinance be prepared for
the meeting of January 20, 1999 and the applicant be present
so Council can make a decision on the use of this type of
application.

    Chapter 1171 - Administrative or Legislative Acts

    Law Director Hurst advised Council to revise Chapter
1171 of the Codified Ordinance to reflect that the
consideration of a planned development be an administrative
review to be conducted by the Planning Commission, applying
the criteria that have been established for development in
those districts.  He feels this is the interpretation of the
law, although the Fifth District Court of Appeals has
clouded the issue enough that he understands the argument
pursuing these reviews as legislative acts.  There have been
several inquiries by landowners and developers and Law
Director Hurst stated he was waiting on the recent decision
of the Ohio Supreme Court.  As the case has been declined,
he notes that there will not be any additional information
and he feels Council should make a decision on the way they
wish to stand on these types of issues.

    Councilmember Wernet would like to see something in
place that would allow for a fair hearing and also include
citizen input.  He would like to see different portions of
the approval process legislative and other portions
administrative.

    Councilmember Rader concurs but also noted whatever
decisions should be done within the confines of the Supreme
Court.

    Law Director Hurst stated that the Supreme Court has
said that the review of a plan, as in conformity with
established criteria, is an administrative act.  His
response to Mr. Wernet is that if there are no criteria then
logically it would be something other than administrative,
adding that Granville has a specific charter provision that
says all development plans must be approved by Ordinance.  
He also noted that the Supreme Court has ruled (Buckeye
Community Hope) that no matter what one’s Charter says, it
is still an administrative act.

    Councilmember Wernet asked if there were ways of
bifurcating the process so that a portion can be legislative
and administrative.

    Councilmember Lucier requested clarification of the
Law Director’s role in the application process.  Mr. Hurst
responded that sometimes developers and/or their attorneys
contact him directly for legal advice on when and how to
proceed with their applications.  He indicated this happened
about ½ dozen times in the past few years. Ms. Lucier
indicated that it was her understanding that the Law
Director was to provide legal advice to the Manager and,
sometimes, to Council rather than to outside parties.  
Manager Hickman noted the normal process is for developers
to submit their plans to the Village Planner.  In response
to further questioning, Mr. Hurst indicated that he had been
contacted several times by one developer who wants to build
a McDonalds on Cherry Valley Road rather than by a number of
different developers.  Council advised that the developer
submit the application through the normal process with the
Planner and the Planning Commission.

    Councilmember Wernet expressed concern as to the Law
Director’s references, on several occasions, regarding
lawsuits to the Village.  He feels this has led to
difficulties in the last several years.

    Councilmember Rader feels the waters have been
"muddied" by different citizens that have filed lawsuits.


    Law Director Hurst noted that developers don’t want
to proceed down an administrative procedure route and then
be told that it is a legislative act, adding that until the
last two years, there has not been a question as to
administrative or legislative.  Ever since the attack on the
PUD began, the question has been "which path are we going to
pursue?".  He noted that the path of least resistance for a
developer is administrative.  He will look into whether
there is methodology, under the current status of the law,
to allow PUD to be interpreted as legislative processes.

    Councilmember Robertson would like to see a way that
puts the developers’ rights in balance with the communities’
rights.

    Council concluded that Chapter 1171 as it currently
exists will remain a legislative act and the developers can
submit their applications as such.

    Design Review Standards

    Mayor Bellman noted that the Design Review Standards
need to be complete and requested that they be final by the
next meeting.

    Commission Term Expirations

    Manager Hickman noted that Planning Commission
Member Gary Stansbury’s term expires January 31, 1999.  He
does not wish to be re-appointed to the position.   Mr.
Hickman also noted that Lon Herman, Greg Sharkey, and Bob
Essman’s term on the BZBA also expire on January 31, 1999.  
It was noted that Mr. Herman, Sharkey, and Essman wish to be
re-appointed to the BZBA.

ADJOURNMENT

Councilmember Rader moved to adjourn the meeting at 10:10pm.
 Councilmember Minklei second.  Motion carried.
                             
                        

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