Granville Community Calendar

Council Minutes 3/1/00

 CALL TO ORDER Mayor Robertson convened the meeting at 7:34pm, after extra chairs had been set up to accommodate the public. ROLL CALL Those responding to the roll call were Councilmembers Bellman, Crais, Lucier, McGowan, and Moore; Mayor Robertson, Vice Mayor Wernet, and Manager Hickman.

NEW BUSINESS Resolution No. 00-09, A Mutual Resolution Endorsed By The City Of Newark, Ohio And The Village Of Granville, Ohio To Express The Urgent Need For A North/South State Route In Central Licking County, was introduced and read in full by Councilmember Bellman. Second by Vice Mayor Wernet. Motion carried. Resolution No. 00-09 is adopted.

Councilmember Wernet thanked Councilmember Bellman who, in turn, introduced Julie Barrett, Craig Baldwin, and Bruce Bain, representatives of Newark City Council. Mayor Robertson expressed her appreciation as well.

CITIZENS COMMENTS (See the attached list for those signing the register) Re Utilities Extensions as they relate to the School District: Richard Salvage, 73 Berline Court. Population growth in the district indicates there will be 1000+ new students in the next 6-10 years. Village sites are preferable for the new facilities that will have to be built, but the lack of available sites in the Village will force the District to look in the Township, where building sites would require water and sewer services from the Village. Mr. Salvage asked Council to keep that in mind as they wrestle with a policy on extension.

Re Newark City Council: Julie Barrett, 42 N. 31st Street, Newark. Thanked Council for their efforts, saying it had been wonderful to work together and Newark Council looked forward to what can be accomplished together in the future.

Bruce Bain, 62 N. 31st Street, Newark. Thanked Council, and especially Councilmember Bellman and and Mayor Robertson, on behalf of Newark City Council, saying that, considering his 21-year history on Newark City Council during much of which relations between the two municipalities were not very good, he was especially pleased that the lines of communication are now open. Urged that both Newark and Granville resolve to pursue the action required by the Joint Resolution and not let it die. Re Kendal: Kitty Consolo, 18 Samson Place. Expressed concerns about whether any business could tap into a water and/or sewer line once it is extended, about possible negative effects on the water table and/or water pressure if service is extended, about Burg Street traffic levels, and about a potential conflict of interest with Township Trustee Jim Havens possibly having a connection with Cardinal Holding.

Jackie O¡¯Keefe, 4 Samson Place. Expressed concerns about Burg Street traffic if Kendal employees use the Thornwood- Burg Street shortcut to the intersection at New Burg. Raised the issue of pedestrians/joggers/GHS and Denison track teams who use the road. Urged Council not to rely solely on current traffic-study figures but to take into account the possibility of future traffic growth.

Trudy Knox, 168 Wildwood Drive. Reported that the manager of the Water Department had told her we are using less than a third of our capacity at this time. Asked how interested citizens who cannot attend Council meetings could let Council know how they feel. [Mayor Robertson suggested writing a letter with one or more signatures so Council would have a written record to build on; petitions and phone calls could also be used.] Laurel Kennedy, 758 New Burg Street. Expressed support for Kendal in general but has traffic concerns re the number of children who walk to school on a road with no sidewalks and lots of ¡°hormonally driven¡± teenagers, and about the short setbacks on many Burg Street residences.

Abram Kaplan, 843 Burg Street. Noted that he¡¯s seen ¡°lots of drivers¡± go airborne at the top of the first hill coming out of the village. Cautioned that if it¡¯s the case that we wish to preserve the character of the village and have green space around us, council must make decisions that support those goals.

Arnie Joseph, 3 Samson Place. Understands the concerns about Kendal-driven traffic, but felt that every housing development along Burg and New Burg Street had added, and would continue to add, traffic to both roads; Kendal traffic probably wouldn¡¯t be any worse. Pointed out that alternatives to Kendal, which would be a boon to the Village, are uncertain and that Kendal is a not-for-profit entity.

Don Lewis, 4489 Burg Street. Also concerned about whether or not developers could tap in to lines already extended. Re The Colony at Bryn Du: The speakers listed below brought to Council their various concerns about the following: ¡ñinconsistent information having been, and continuing to be, conveyed to them about The Colony ¡ña green space on the east end of the Village ¡ñincreased traffic and impact on the schools from the 42 proposed homes ¡ñproposed reductions in square footage and design standards ¡ñnot having been given all necessary information when they purchased their houses or lots ¡ñnot having been aware that The Colony was even in the overall plat plan ¡ñnot having been aware of governmental meetings, and ¡ñthe proposed connection between The Colony and Glyn Tawel Dr. Mayor Robertson and several Councilmembers reminded citizens that meeting notices are published in the Sentinel, posted in the Library, and posted on the Village Office bulletin board with direct notification given only to property owners within 200 feet of the property under discussion (one of which is the Bryn Du Homeowners Association). Mayor Robertson also stated that the entire Bryn Du subdivision is private property and, as such, not under Council¡¯s purview. The legal procedure in place dictates that issues work their way through the Planning Commission and Zoning Board, then come to Council for final approval. That being the case, the homeowners need to be talking within their own Homeowners Association to determine what¡¯s going on with their private property. Council¡¯s function at this point in the process is to ensure that the developers adhere to the original, already- approved, covenants. [Speakers: Monica Graffeo, 235 Bryn Du Drive; Kathy Nichols, 233 Glyn Tawel Drive; John Friday, 235 N. Pearl (now building in Bryn Du); Randolph Kerr, 107 Ballymore Court; Lisa McKivergin, 1234 Newark-Granville Road; Mark Parris, 251 Bryn Du Drive; Rick Baltisberger, 156 Merywen Circle; Michael Kone, 223 Glyn Tawel Drive]

Re the Crosswalk on Broadway: Randolph Kerr, 107 Ballymore Court. Was ¡°shocked¡± to see that the crosswalk in the Village is a simple yellow flashing light¡ªdangerous because cars speed through there and won¡¯t stop for people in crosswalk. Suggested changing it to a flashing red, which he thought ODOT would accept. [Manager Hickman responded that ODOT has already expressed an unwillingness to approve a flashing red for this location. The crosswalk problem resurfaces regularly, every 4-5 years, and has yet to be resolved in a satisfactory way. Suggestions under consideration at this time include bricking the crosswalk, installing additional cautionary lights, or even removing the crosswalk altogether. Manager Hickman cautioned that pedestrians in any crosswalk need to exercise caution.]

Re ¡°Debt Service¡± Entry on Water Bills: Randolph Kerr, 107 Ballymore Court. Questioned why the debt-service charge still appeared on Village water bills and why the water and sewer bills were the same. [Manager Hickman explained that sewer debt service goes to pay off the sewer plant built in 1986; the debt will be paid in 2006. Part of the debt-service charge also goes toward sewer improvements (e.g., Broadway, South Main Street, Westgate Drive), as well as the sludge holding system at the waste water plant (built four 4 years ago on a 10-year loan). Another portion ($1.50 per unit) goes toward waste water treatment. We have 1,150 water and sewer customers and a population of approximately 3,500. We do sit on a great aquifer, though it produces hard water, meaning money for lime in addition to pumping, chlorination, fluoridation, etc. The bills are the same because the Village does not do ¡°deduct¡± meters, which are more expensive to install and maintain, in the hopes that the seemingly higher sewer cost encourages people to think twice before ¡°spending¡± water unnecessarily.]

Re Citizen Responsibility Dorothy Garrett, 45 Donald Ross Drive. Reminded those assembled that we live in a democracy where citizens have the responsibility to proactively see to it that they are informed. Mayor Robertson closed Citizens¡¯ Comments at 8:47pm. Council took at brief break and reconvened at 9:03pm. 

OLD BUSINESS Kendal Discussion: Rob Drake, 704 Newark Granville Road. Noting that this was not a formal presentation by Kendal, Mr. Drake and Tom Mitchell of Kendal asked for questions. Council requested an explanation of how the proposed site was selected and Mr. Drake put an annotated map of Granville Township on the easel. He noted that the site-location committee had identified the need for a feeling of proximity to the Village and a feeling of openness, aided by single-story construction. It takes approximately 50 acres to encompass all elements of a Kendal community (assuming single-story construction for the majority of the buildings). In addition, since the Township now has a 50% green-space/open- space set-aside in their ordinances, Kendal needs another 50 acres of set-aside¨C100 acres total. That total size requirement obviously limits the number of sites that may be considered. Two township properties south of the bypass lacked the feeling of connection to the Village and necessitated ingress/egress via one or the other of two major State highways. Suitable property north of the bypass is fairly limited, much of it having already been subdivided. Much of the rest consists either of tracts 15 acres or less in size, tracts less than 100 acres under one ownership, or tracts already in the hands of Denison, the Village government, the Township Trustees, or the School Board. The Rees property, at the far eastern limit of the Township, has topographical problems, with only 25 acres of flat ground (i.e., building there would required a multi- story complex, contrary to the initial preference-survey results). The Jack Lutz property on Jones Road (the only other site with adequate acreage) is not only topographically unsuitable; it is virtually impossible to provide ingress/egress onto Jones Road with adequate sight lines. In sum, the parcel that best meets the stated needs is the one now proposed¡ªnot a perfect site, but the best available site. It is clustered into an area where there is already significant development rather than being isolated out in the Township. Traffic is always a concern, but Kendal has confidence in its traffic study¡ªbased on Kendal at Longwood (outside Philadelphia), a similarly sized community.

In response to another question from Council, Mr. Drake, speaking on Kendal¡¯s behalf, consented to enter into an agreement that utilities, if provided, could not be extended beyond the approved site, either for a Kendal expansion or for anyone else, without a vote by Council. Council-member Crais noted that Kendal is asking for two major variances¡ªa reversal of Council policy against extensions and a rezoning of Township land. Mr. Drake agreed, saying that their request reflected the results of the comprehensive-plan survey in which more than 50% of the respondents thought a retirement community was a high priority and 57% said they wanted to live in Granville the rest of their lives. Mr. Drake also pointed out that people in Granville had approached Kendal, not vice versa.

In response to Council concerns about maintaining the integrity of the comprehensive plan, Mr. Drake proposed that if one accepts the premise that development is going to occur, it is best to manage it with creative zoning (e.g., clusters, set-asides for green space, etc.). While Kendal feels its proposal is well supported and consistent with the comprehensive plan in one way, it does indeed require rezoning to higher density than the current agricultural specification of 5 acres/unit. Councilmember Lucier asked how Kendal felt about the relative weight of focus-group opinion vs. the major hurdles of water & sewer extension and the possible changing of the spirit of the master plan (i.e., would they compromise on the single- story plan?). Mr. Drake allowed that they might. [Citizen Jack Heller reiterated the desire for single-story construction, saying that high-rise facilities are available in Columbus and this would be the only retirement community of its kind in Central Ohio.] 

In response to traffic concerns, Mr. Drake stated that Kendal would make it a condition of employment that their employees not use Burg Street. They would also schedule shift changes to avoid the morning and afternoon bottlenecks created by school traffic; suppliers would be encouraged to avoid those times as well. Revisiting the discussion of the Rees and Lutz properties on the east end of Newark-Granville Road, Council asked Kendal to rethink their position (i.e., even though it would mean multiple- story buildings and even though the community might be half on the north side of the road, half on the south, could it be made to work?). The Village will have to address traffic flow in the area sooner or later and retirement- community concerns could be folded into the discussion. Mr. Drake and Mr. Mitchell were asked to provide total traffic numbers for residents, employees, deliveries, service purchasers, child-care purchasers, etc. Mr. Mitchell noted that those numbers were in the Appendix of the study; Manager Hickman will distribute them.

Councilmember Moore asked if Kendal was prepared to pay all costs involved in the extensive piping needed by a water and sewer extension; they are. Mr. Drake noted that Kendal is asking for Village water so they don¡¯t have to maintain on-site water systems; they would also rather rely on a bigger system than a smaller one. Maintenance costs are built into the sales costs and monthly fees; if Kendal is required to put in their own facilities, the construction costs would have to be built in as well.

Councilmember McGowan said Council would like to see the Township rezoning happen before Council agrees to provide water. Mr. Drake responded that any Village water agreement would be contingent on Township rezoning. Councilmember Lucier felt that issues of traffic were more properly considered by the Township than by the Village, and agreed that Township decisions should be made before Council made its determination. She acknowledged Kendal¡¯s commitment to the project and differentiated between what they¡¯re asking of the Village and what they¡¯re asking of the Township. In short, Village water and sewer extension is important; Township rezoning is an absolute necessity. Mr. Drake concurred, but noted that detailed applications to the Township require complete site-design plans that, in turn, would require a determination of water and sewer sources. Mr. Drake wasn¡¯t sure exactly when he would need Council¡¯s decision since it depended on the timing of their application to the Township for rezoning. Mr. Mitchell noted that Kendal was preparing dual plans¡ªone for Village water and sewer, one for on-site water and sewer (the latter a spray irrigation system advocated by the Ohio EPA). Councilmember Lucier asked if water service was more, or less, of a problem that sewer service; Mr. Mitchell stated that Kendal would rather have water than sewer. Water service is more expensive to construct and more dangerous to handle. In addition, they have experience with waste facilities in other Kendal communities that have been in operation for almost 30 years in another community. Vice Mayor Wernet noted that Council could conclude that the best limitation for future development is on sewer line rather than water. Mr. Drake said Kendal is not interested in promoting development, even inadvertently.

Mayor Robertson concluded the discussion at 10:13 p.m. by asking Kendal to go to the Township and deal with the zoning issues (and any other issues raised by the Township), then come back to Council for action on the application. Mr. Drake agreed, and said he would convey to Council Kendal¡¯s need-to-know date for their tentative/contingent approval. 

NEW BUSINESS Resolution No. 00-08, A Resolution To Appoint A Deputy Clerk, was introduced and read in full by Councilmember Wernet. Second by Councilmember Bellman. [DISCUSSION: Council-member Lucier asked Manager Hickman to clarify that Bev Adzic was the Acting Clerk; when he did so, she stated that, even though this appointment of a Deputy Clerk is not an issue, she didn¡¯t want Council to forget that the issue of appointing a Clerk remains to be dealt with.] Motion carried. Resolution No. 00-08 is adopted.

Oath of Office ¨C Mayor Robertson administered the oath of office to Sandy Ellinger. Resolution No. 00-10, A Resolution To Authorize The Village Manager To Advertise For Bids For West Broadway Improvements, was introduced and read in full by Councilmember McGowan. Second by Vice Mayor Wernet. Motion carried. Resolution No. 00-10 is adopted.

Resolution No. 00-11, A Resolution Authorizing Participation In The ODOT Cooperative Purchasing Program, was introduced and read in full by Councilmember Bellman. Second by Councilmember Moore. Motion carried. Resolution No. 00-11 is adopted.

Ordinance No. 01-00, An Ordinance To Amend Sections 501.01 and 509.10 Of The Granville Codified Ordinances, was introduced by Vice Mayor Wernet. Mayor Robertson set the public hearing date for Ordinance No. 01-00 for March 15, 2000.

Ordinance No. 02-00, An Ordinance To Amend Ordinance No. 20- 98 And Approve The Covenant Agreement For The Colony At Bryn Du, had no sponsor. In the absence of legal counsel, Mayor Robertson suggested that any citizen could ask to have the ordinance introduced again in two weeks. Robert O¡¯Neill (17 Meadowood Drive) objected; Vice Mayor Wernet responded that even though there¡¯s been an interest raised in whether the Village would agree to a modification of the covenants, no one was willing to introduce the Ordinance. Therefore, it¡¯s not before Council anymore. In spite of some confusion about what covenants had been approved when, Councilmember Crais agreed with Vice Mayor Wernet that since Council did not move forward on this Ordinance, the existing covenants stand until Council agrees to put forward the proposed amendments. Mayor Robertson also agreed, saying Council had given a clear signal that it was not ready to approve the requested change. Responding to continued statements by Mr. O¡¯Neill, Mayor Robertson suggested that he needed to go back to the Homeowners Association and work this out before returning to Council. Councilmember Crais reiterated his concern about fungibility of the master plan which seemed open to constant negotiation and/or revision. Mayor Robertson once again instructed Mr. O¡¯Neill to go back to the Homeowners Association and ¡°get clear with everybody¡± before returning to Council with another proposal. Mr. O¡¯Neill agreed, but asked for clarification about what would happen then. Mayor Robertson said than an ordinance could be proposed and if it found a sponsor, Council would proceed and set a hearing for two weeks from the date of that meeting. REVIEW AND APPROVAL OF MINUTES The minutes of the regularly scheduled meeting of February 16, 2000, were presented for review. A total of ten amendments were requested, as follows: Councilmember Bellman (p.1 - change ¡°cast¡± to ¡°case¡±; p.3 - change ¡°sewers were too far away¡± to ¡°Granville water and sewer lines were too far away¡±); Councilmember Moore (p.2 - Trustee Havens, not Councilmember Moore, made the statement about ¡°fewer hoops¡± in the Township; p.8 ¨C change ¡°¡­road changes had forced lot changes¡± to ¡°¡­road changes had forced lot changes with respect to site locations; p.9 - change ¡°¡­thought they wanted to make the lots smaller¡± to ¡°¡­ thought they wanted to make the houses smaller¡±); Mayor Robertson (p.2 - change ¡°Councilmember McGowan conceded¡­¡± to ¡°Councilmember McGowan believed¡­¡±; p.3 - change ¡°based on discussions in conservation meetings¡± to ¡°based on what she has learned from her attendance at conservation conferences¡­¡±; p.9 ¨C change Peg Baldwin to Craig Baldwin); Vice Mayor Wernet (p.6 ¨C change ¡°liability¡± to ¡°reliability¡±). Councilmember Bellman moved to approve the minutes as amended. Second by Councilmember Crais. Motion carried. 

COMMITTEE REPORTS Street, Sidewalks & Utilities (Vice Mayor Wernet) ¡¤ Discussed a request to vacate an alley on Sunrise Street, with one property owner requesting vacating one leg of the alley, another property requesting paving the other leg. ¡¤ Discussed adding a gate to Wildwood Park (a duplicate of the gate at Fan Lewis Park); have an estimate of $480; Manager Hickman will see if this can come from already- appropriated funds ¡¤ Need to erect a ¡°Park Closes At Dark¡± sign; awaiting sign committee recommendation on general format of all signs to make it compatible. ¡¤ Reviewed plans prepared several years ago for Cherry Valley Road; no action taken. ¡¤ Will use the next Utilities Committee meeting to look at truck scales, especially their location; have decided that any scales should be confined with landscaping to improve whatever area is selected; Manager Hickman will review the preliminary plans and visit the site with the committee. ¡¤ Considered intersection improvements for the Broadway crosswalk and the intersections at College/Pearl and Elm/Main; investigating a system of flashing lights that sense someone crossing the street.

Planning Commission (Councilmember Lucier) ¡¤ Based on prior instructions from Law Director Hurst, the Commission considered only the issue of final plat approval for the Colony at Bryn Du; said approval was granted and a special meeting was set for March 6 to discuss the sign code revisions. 


OTHER Bryn Du Concerns (Councilmember Moore). Councilmember Moore reported, as requested, on the position of the Bryn Du Homeowners Association re a tax levy to buy the property designated for The Colony in order to retain it as green space. The Association itself was not involved; the idea originated with a number of Bryn Du residents and other Village residents who were concerned but not organized, as well as being unsure how best to proceed. Councilmember Moore suggested other options to them (e.g., financing packages put together with grants, etc.). She also cautioned them to be cognizant of other levies that will appear. Councilmember Moore received a telephone call from Township Trustee Jim Havens who ¡°made it clear¡± that his law firm represents Southgate Corporation. Trustee Havens had also caucused with the Township Clerk and Trustee Lyle King and reported that the Township Trustees were prepared to provide $100,000 from Open Space Levy and Unrestricted funds if the contract that Bob Kent has with Southgate Corporation could be set aside and if other financing pieces could come together. Robert O¡¯Neill (Southgate Corporation) also called Councilmember Moore to set up a meeting about whether Southgate would be willing to sell. Councilmember Moore met with Mr. Kent and Mr. O¡¯Neill, at which time Mr. Kent stated that throughout all the calls and conversations about selling the property, he has said he¡¯s willing to sit down and talk. However, he currently has a contract to sell to Southgate Corporation. Mr. O¡¯Neill would need to put a value/price on what it would cost for his corporation to step aside. Until and unless Southgate Corporation no longer wants to proceed, which is not the case at this point, Mr. Kent is bound by the contract. Mr. Kent also said he¡¯s willing to discuss selling other properties that might be appropriate for parkland or green space and asked if Council would appoint an ad hoc committee to study the issue since there certainly is a desire for more parkland on the east side of the Village. Councilmember Moore volunteered for the committee; Vice Mayor Wernet nominated her as chair. Councilmembers McGowan and Lucier also volunteered for the committee. Council-member Moore then clarified the issue that had elicited the barrage of Citizens Comments from Bryn Du residents earlier in the meeting: The covenants for The Colony were included with the covenants for Bryn Du/Phase 4 and purchasers of Phase 4 property bought their lots believing that the Phase 4 covenants would apply to The Colony, whenever it was built. The developer is now proposing different covenants for The Colony (i.e., that it not be part of Bryn Du and that it have its own design standards). Councilmember Moore also clarified that, while the Township is levying the taxes and collecting the money, their funds can only be used for passive green space, not for a park. The Village does have parkland monies and Council should identify any property we want to acquire. Councilmember Lucier requested that Manager Hickman ask Law Director Hurst to provide Council with concise written information about the proposed covenant modifications, including his assessment of exactly where we are, how we arrived at this point, and what the implications are of Council¡¯s not introducing the ordinance. She also wants to know if Council is under any obligation to make sure covenant agreements exist. 


Annexation of Township Parcels (Councilmember Lucier) Councilmember Lucier asked Manager Hickman if any progress had been made on this issue (e.g., annexing the Street Department property into the Village). Manager Hickman said no progress has been made.

Locked Gates at Fan Lewis Park (Councilmember Lucier, Vice Mayor Wernet) Both Councilmember Lucier and Vice Mayor Wernet reported having seen the gates locked when they drove past the park in mid-afternoon. Manager Hickman thought perhaps they were just closed.

Music Festival, Liquor-Sales Option for Precinct D (Councilmember McGowan) Councilmember McGowan reported that the Music Festival date is now August 5th. He also reported that there will be a liquor option on the March 7th ballot for Precinct D (for Sunday sales at Brew¡¯s Caf¨¦),

Correspondence (Mayor Robertson) Mayor Robertson asked Manager Hickman to bring the thank- you letter to retreat facilitator Judith Thomas to the next meeting so Council could sign it. There is also a pending congratulatory letter to an Eagle Scout; Manager Hickman is awaiting a response from the initiator of the request.

Design Review Standards (Manager Hickman) Manager Hickman asked for one or two Councilmembers to look at the existing standards and give him feedback at the next meeting.

Alexandria Water Contract (Manager Hickman) Councilmember Bellman had concerns about this issue but, due to the late hour, asked if time was critical. Manager Hickman said the discussion could wait until the next meeting. 

MEETING ANNOUNCEMENTS Next Village Council meeting ¨C March 15, 2000 

ADJOURNMENT Councilmember Crais made a motion to adjourn the meeting at 11:12pm. Second by Councilmember Wernet. Meeting adjourned. 

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