VILLAGE OF GRANVILLE COUNCIL MEETING MINUTES September 15, 1999
CALL TO ORDER Mayor Bellman convened the meeting at 7:35pm. ROLL CALL Those responding to the roll call were: Councilmember Lucier Councilmember Wernet Vice Mayor McGowan Councilmember Robertson Mayor Bellman Councilmember Minklei Law Director Hurst Manager Hickman
Councilmember Wernet made a motion to excuse Councilmember Rader. Motion carried.
PUBLIC HEARING A public hearing was held on Ordinance No. 32-99, An Ordinance Approving A Revision To The Site Development Plan For Spring Hills Baptist Church’s Grace Haven Academy. Bill Stevens, an elder and member of Spring Hills Baptist Church, reported there had been opposition from neighbors of the church property regarding a setback variance request for the installation of the Grace Haven Academy playground on the originally approved location. This proposal is a request for the approval to move the playground to an alternative site on the property. Neighbors of the church complex, Pat Windley and Pete Schreiber, have expressed their support for re-location of the playground to the proposed area. In reference to a letter of concern from engineers Bird and Bull in relation to flood plain liability of this site, Law Director Hurst does not believe there is any liability for this approval. Jeff Pound, 1420 Loudon Street, pastor of the Spring Hills Baptist Church, stated that this process has been frustrating because it was later discovered that a variance was not needed, although through this process a better location for the playground was found. His sense, from talking to the neighbors, is that they are pleased that an effort was made to change the location.
Mayor Bellman closed the public hearing at 7:40pm.
CITIZENS COMMENTS Those signing the register were: Jeff Pound Greg Ross Tom Williams Leta Ross Scott Rawdon Ed Vance Bill Stevenson There were no comments, Mayor Bellman closed citizens comments at 7:45pm.
Main Street Manager Hickman showed Council several pictures of South Main Street in its current condition. He noted that the areas which are currently open ditches will be replaced with grass and sidewalk, creating an entirely different look. Although there was an initial proposal to widen the road to 36 ft. to incorporate a third (turn) lane, he recommends widening the road to 28 ft. (from the original 24 ft.). The theory of widening the road to 28 ft. is to allow two extra feet on each side of South Main Street for delivery truck turning ease. Manager Hickman and Council reviewed a map of proposed curb cuts along South Main Street. Proposed changes to the bike path will be reviewed after more information is compiled. Ed Vance is still interested in the possibility of having a boulevard on South Main Street. He also expressed concern with the cost of this project and whether its necessity is a higher priority than re-doing the downtown area . Manager Hickman noted that the South Main Street Project has been "in the works" for at least eight years. He also noted that a numerous amount of time and effort have been spent securing funding for this project. The downtown project is being reviewed, although there hasn’t been a solid consensus of what is wanted and/or needed in that area. Mayor Bellman also noted that since there are major infrastructure problems on South Main Street, zero percent funding makes it a wonderful opportunity to make the changes at this time. Repaying the loan at $32,000/year will still leave plenty of funds for other projects. Mr. Vance sees nothing wrong with improving gateways to the Village. His concern is that this may delay the downtown project. He also expressed a concern with the safety of the crosswalk on Broadway. It was agreed by Council that the crosswalk needs to be reviewed for safety. A recent opinion of support was also reported from a number of GBPA representatives in reference to the South Main Street project. Councilmember Minklei feels the South Main Street project is necessary for the current functionality needs of pedestrians in that area. Though improvements will be welcome, the downtown area is already pedestrian friendly. (Further discussion under Old Business.) OLD BUSINESS Ordinance No. 32-99, An Ordinance Approving A Revision To The Site Development Plan For Spring Hills Baptist Church’s Grace Haven Academy was reintroduced by Councilmember Lucier. Councilmember Wernet second. The church is requesting this Ordinance be passed as an emergency so construction can begin immediately as they have experienced numerous delays. Without the emergency clause this Ordinance would not become effective for 30 days after passage, therefore causing more delays. Law Director Hurst cautioned Council with the fact that there are good arguments against passing zoning and site plan issues by emergency legislation. However, he does feel the purpose of this emergency is defensible based on the fact that there are strong arguments when dealing with the safety of children on a playground in a school zone. Anything done to enhance that type of safety is justifiable. Councilmember Wernet moved for the adoption of Section II and read the emergency clause section of this Ordinance. Second by Mayor Bellman. Council discussed the issue of safety. It was noted that the current playground has been in the same location for the last several years. The issue of safety is no more or less of an issue than a year ago. Vice Mayor McGowan has reservations about passing this Ordinance as an emergency as ordinarily this is not done unless their is a safety concern. He does not feel Council should get into the pattern of processing emergencies for construction time constraints. Mr. Pound stated that this construction was supposed to begin this past summer until they were advised by the Village Planner that a variance was needed to move the location of the playground. He then noted that they have since found out that a variance wasn’t needed to put the playground in its original planned location. The area for the playground was moved in order to comply, and continue a relationship, with the neighbors. Councilmember Wernet questioned the possibility of changing the effective date of this Ordinance to accommodate its passage by emergency. He also suggested scheduling a special meeting for consideration of the emergency clause pending notification and assurance from the neighbors that this location is agreeable. Although Councilmember Lucier feels the need to be accommodating since mistaken information was provided, she is not sure passing this Ordinance as an emergency is necessary. She is not concerned about the lack of notification to the neighbors as she feels the Village probably followed the correct procedures in posting the public hearing. She continues to find it impossible to justify the passage of this Ordinance as an emergency. She asked the Law Director if we had any alternatives to emergency legislation. The Law Director responded "no". Law Director Hurst made a statement to clarify the idea of mistaken information. He noted that the mistake was relative to a different proposal and not the proposal related to this Ordinance. The details of the case were not spelled out when it became apparent that the emergency clause could not get enough votes to pass. He said that Council’s options are to either pass the Ordinance as an emergency, making it effective immediately, or pass the Ordinance by regular means, making the Ordinance effective in 30 days.
Roll call vote on Emergency Clause: Minklei yes, Lucier no, Wernet yes, Robertson abstain, McGowan no, Bellman yes. Emergency Clause for Ordinance No. 32-99 failed.
Roll call vote: Minklei yes, Lucier yes, Wernet yes, Robertson yes, McGowan yes, Bellman yes. Six yes votes. Ordinance No. 32-99 was adopted. Main Street Council authorized the Manager to submit the final engineering plans in preparation to begin the bidding process for construction on South Main Street. Manager Hickman will proceed with this plan once he has received permission from District 17 to narrow the road to 28 ft. wide. Manager Hickman noted that funding requests for burying the electric lines along South Main Street, and the extension of the bike path south of the IGA, will be presented to Council for approval. Manager Hickman will also continue to research the idea of a median or boulevard. However, he does not feel this idea is feasible. Council again expressed the need for a review of the crosswalk with regard to safety concerns. Manager Hickman will comply.
Resolution No. 99-35, A Resolution To Amend Insurance Coverage As Provided In Section 145.22 Of The Codified Ordinances Of The Village of Granville was removed from the table by a motion from Councilmember Lucier. Second by Councilmember Wernet. Resolution was moved for adoption by Vice Mayor McGowan. Second by Councilmember Wernet. Councilmember Lucier noted that this is a recommendation of the Personnel Committee. Motion carried. Resolution No. 99-35 is adopted as amended. NEW BUSINESS Resolution No. 99-37, A Resolution Related To Preventing Higher Taxes On Licking County Residents and Businesses. Councilmember Wernet read the following statement: "The Village was presented by a school board representative, with a Resolution where the Village Council was to indicate their agreement with the Community Authority Agreement. Unfortunately, despite repeated requests for the full text of the agreement, we were not given the complete text. In addition, the school board representative at the time, told us that the suggested Resolution was meant to require use of the Authority for all annexations of Granville Township land. Had we accepted such a Resolution, two bad things would likely have occurred. First, through interaction amongst the Comprehensive Plan, the Township Zoning Ordinance, and such, a Resolution we would have significantly increased the incentive for developers to take land away from Granville Township and move it into neighboring municipals. Secondly, we would be neglecting the other costs to the community of future developments." Councilmember Wernet, drafter of Resolution No. 99-37, advised Council that Jim Harf has "assumed the reins" on behalf of the School Board, and as ranking officer he voiced the Board’s support for this Resolution. Mr. Wernet would like introduction of this Resolution re-scheduled for the meeting of October 6th in hopes of having School Board and Township representatives in attendance to offer their support. Councilmember Lucier requested the title of Resolution No. 99-37, as drafted, be revised for more clarification of the Resolution’s content. Resolution No. 99-38, A Resolution To Authorize The Village Manager To Submit A Grant Application For 1999-2999 Capital Improvements Projects To District 17, Ohio Public Works Commission, For Funding, On Granville’s Behalf was introduced by Vice Mayor McGowan. Second by Councilmember Wernet. Motion Carried. Resolution No. 99-38 is adopted.
Resolution No. 99-39, A Resolution To Authorize The Village Manager To Enter Into Negotiations For The Operation And Maintenance Of The Water Treatment And Wastewater Treatment Facility Located At The Granville Business Park was introduced by Mayor Bellman. Second by Councilmember Lucier. The purpose of this Resolution is an attempt to express the Village’s interest in negotiating an agreement between the Village and Granville Business Park (old Dow facility on SR16) to provide service and maintenance to the water/wastewater facility located on that property. Motion carried. Resolution No. 99-39 is adopted.
Ordinance No. 33-99, An Ordinance To Amend Section 521.08 Of The Codified Ordinances Of The Village of Granville was introduced by Councilmember Wernet. Mayor Bellman set the Public Hearing on Ordinance No. 33-99 for October 6, 1999.
Trick-or-Treat Date - This year Trick-or-Treat will be observed in the Village on October 28th from 5:30pm - 7:00pm. MAYOR’S REPORT The Mayor’s Court Report for the month of August was presented for review. Mayor Bellman directed the clerk to file the report. A copy of that report is attached as part of these minutes. MANAGER’S REPORT The Manager’s Report for the month of August was presented for review.
Councilmember Wernet made a motion to accept the Manager’s report as presented. Second by Councilmember Minklei. Mayor Bellman directed the clerk to file the report. A copy of said report is attached as part of these minutes.
REVIEW AND APPROVAL OF MINUTES The minutes of the regularly scheduled meeting of September 1, 1999, were presented for review. Councilmember Wernet moved to approve the minutes as amended. Councilmember Minklei second. Motion carried.
COMMITTEE REPORTS There is a Personnel Committee meeting scheduled for Thursday, September 23, 6:30pm. OTHER The film crew of "A Better Way To Die" will be filming in Granville, Sunday, September 19. A permit will be issued for the closing of the south side of Broadway from Cherry Street to Main Street, and South Mulberry from Broadway to Elm Street to accommodate this production.
Radon Mayor Bellman was recently notified by the Ohio Department of Health that there is a high concentration of radon in the State of Ohio. Specifically the areas of concern are in Central Ohio (Granville, Newark, Heath, & Hebron). He feels there needs to be a larger effort made toward public awareness. Mr. Bellman would like to invite someone from the Ohio Department of Health to speak before Council regarding radon awareness. For the convenience of Granville citizens, it was suggested that radon detection kits be obtained from the Licking County Health Department and made available at the Granville Village Office. It was also suggested by Councilmember Lucier that a notice be included on the Village issued water bills to inform citizens of the availability of these kits.
Bank First National’s leased space Referencing a letter from Bank First National wherein it is their wish to end their lease on December 31, 1999, Manager Hickman noted that there have been several business interested in leasing the unoccupied space at 143 E. Broadway. Law Director Hurst also added that due to recent Ordinances, there may be more flexibility in dealing with what one might consider to be the highest and best bidder should Council consider signing a lease with a new tenant. There was discussion for the need to define some type of criteria prior to advertising for a tenant. There was also discussion about the need and appropriateness of negotiating a settlement with Bank First National. Council agreed that it would be appropriate for the Law Director to respond to the bank indicating that prior to agreeing to a resolution of their remaining obligation under the lease, the Village will determine whether or not there are suitable tenants interested in the space either under a lease or sub-lease basis. This would verify acknowledgment of their request while informing them that they are fully liable and accountable until such time as the Village makes a determination on these issues.
Kendal Corporation Councilmembers Robertson and Wernet have met with representatives of the Kendal Corporation and reported that progress is being made. There has been a suggestion that Township Trustees, Village Council, and Kendal representatives conduct a joint meeting to discuss some of these idea and thoughts. The Kendal Corporation seems to be making every effort to cooperate with Granville’s concerns. Tree & Landscape Appointee Manager Hickman requested that a Councilmember attend the October Tree & Landscape meeting as they will be discussing next year’s budget needs. As two Council seats will be vacated at the end of this term, Council will make a better effort to appoint a Council representative to this Commission after the election.
Village Skunks Councilmember Robertson requested the Village play a larger role in the elimination of the skunk problems in the Village. Manager Hickman noted that a skunk trapper would be hired by the Village in an effort to alleviate this growing concern.
MEETING ANNOUNCEMENTS Next Village Council meeting - October 6, 1999
ADJOURNMENT Vice Mayor McGowan moved to adjourn the meeting at 9:54pm. Councilmember Wernet second. Motion carried.