Granville Community Calendar

Council Minutes 6/21/00

 CALL TO ORDER Mayor Robertson convened the meeting at 7:33pm. 

ROLL CALL Those responding to the roll call were Councilmembers Lucier, Moore, McGowan and Bellman; Vice Mayor Wernet, Mayor Robertson, Law Director Hurst and Manager Hickman. 

CITIZENS COMMENTS Re: Kendal at Granville Kitty Consolo, 18 Samson Place. Raised another facet of her continuing concerns about Kendal¡¯s possible effects on private water wells in the area of the proposed Kendal site at the intersection of Burg & New Burg Streets. Cited a New Albany golf course that had drained all the water in the area to the point where a judge stepped in, declared a water emergency, and forced ¡°Franklin County¡± to extend water service to citizens with no water. Asked if Council could give any assurances that Granville wouldn¡¯t be put in the same position (i.e., can the Village be legally protected?). Reported that the petition opposing the proposed location, but not the project, has almost 400 signatures. [Councilmember Bellman said he would check with Keith Myers, the New Albany planner, who might have some insight into this. Mayor Robertson asked about the disposition of the petitions.] Ms. Consolo said they would go first to the zoning board since obtaining a zoning change would be Kendal¡¯s first stop. The Township Trustees and Village Council will also receives copies. Ms. Consolo is hoping all these entities will work together to find an alternative site. She also asked again why the Comprehensive Plan isn¡¯t being followed and wondered if could be made more legally binding. [Vice Mayor Wernet stated that a comprehensive plan is a legally binding document that must be followed by all zoning ordinances. The only question is ¡°which way the plan points.¡±] Ms. Consolo asked when Council might have a response to her questions. [Manager Hickman said he would contact Keith Myers. Council expects to have answer by its next meeting.]

Laurel Kennedy, 758 New Burg Street. Asked Council to pay particular attention to two general areas of concern: 1) the criteria by which decisions are made by Council and the Township Trustees, particularly with regard to selective extension; and 2) taxation issues. She asked if Kendal had sought the same kind of property-tax abatement from Granville that it sought, and got, from Oberlin (in which Kendal agreed to voluntarily pay taxes into the school system). [Councilmember Lucier noted that property-tax abatement would be a Township issue. Mayor Robertson reported Kendal has said they would make voluntary payments to the school system but no rates have been discussed. Councilmember Lucier added that all of Kendal is subject to standard property taxes except for the part that is actually a medical facility. Councilmember Bellman noted that the Oberlin abatement was locked in for ¡°a ten-year period or so.¡± Councilmember McGowan suggested Council get a legal opinion to be sure; Councilmember Lucier suggested asking the Township; Councilmember Moore, the school district; and Councilmember Bellman, the Oberlin tax commissioner. Mayor Robertson felt Ms. Kennedy¡¯s question needed to be answered in public, given that what some Kendal authorities have said doesn't match what was said to Council. Re: JEDD Jim Jump, 143 Thresher Street. Reported that the Thornwood project has been officially declared ¡°dead¡± by ODOT, rendering moot any issues to do with federal funding and/or NEPA standards and procedures. The existence of JEDD is not affected by ODOT¡¯s decision. In fact, its scope may well be expanded to address other shared issues (e.g., general development in the area). Mr. Jump, who is in favor of continuing to build on the good relationships that have been forged, asked Council¡¯s opinion as to whether the JEDD should remain an informal group or become an official regional council. [Vice Mayor Wernet expressed appreciation for Mr. Jump¡¯s efforts and involvement with JEDD. Mayor Robertson agreed that using the positive group dynamics already created to move on to another kind of function would be helpful. Councilmember Bellman noted that bridging the former gap between Granville, Newark, and Heath and establishing meaningful dialog between the three communities has been very helpful. Councilmember Lucier suggested that the group proceed with discussion of the regional-council model and consider including other communities in the County. Councilmember Moore agreed that this was a good opportunity to broaden JEDD¡¯s focus.]

Re: PUD-as-an-Administrative-Act Ordinance Jim Jump, 143 Thresher Street. Reminded Council that, in response to a court decision, it had approved an ordinance last year making PUD an administrative act subject to administrative appeals, etc. However, the Ohio Supreme Court has since stated that the approval of plans in a previously zoned PUD is a legislative matter. Mr. Jump asked if Council wanted to change the language of the ordinance to "legislative" instead of ¡°administrative.¡± Vice Mayor Wernet said that if Counsel feel we need to change it to follow the Court¡¯s prescription, we should change. Mayor Robertson felt such a change should be made quickly so Council would be in compliance prior to dealing with any applications. Law Director Hurst stated he would ¡°strongly encourage Council to direct that this be done with all deliberate speed.¡± Mayor Robertson asked Law Director Hurst and Mr. Jump to write up the change as quickly as possible. Law Director Hurst pointed out that Council should not simply reverse the previous action without also correcting ¡°a series of inadequacies and conflicts in the previous procedure¡± at the same time. He added that he and Mr. Jump would get the new ordinance to Council promptly since time is of the essence. Mayor Robertson closed Citizens' Comments at 8:08pm.

PUBLIC HEARING A public hearing was held on the 2001 County Tax Budget. No one appeared to speak for or against the issue. Mayor Robertson closed the public hearing at 8:09pm.

OLD BUSINESS Readers Garden Lease/Bank First National Release Manager Hickman asked that Council authorize him and one or two Council members to negotiate directly with Readers' Garden without waiting for feedback at the next Council meeting, two weeks from now. Councilmembers McGowan and Moore volunteered to participate and all agreed that the Bank First National release would not be signed until the Readers¡¯ Garden lease has been finalized. There are two main points remaining to be settled on the latter. First, Readers¡¯ Garden is asking the Village to stand the expense of repairing the floor, which the Village is not willing to do. Councilmember Bellman pointed out that a commercial lease is usually rental of the basic structure with improvements done by the lessee, and suggested that perhaps Bank First National might be willing to help Readers¡¯ Garden with the expenses for the floor. Councilmember Lucier stated she was not averse to negotiating on the floor, perhaps for a 50/50 split of expenses. The second point concerns the Readers¡¯ Garden proposal that they sign the lease corporately with no personal guarantee. Councilmember Moore felt that since this lessee¡¯s reliability was a central part of Council¡¯s decision to award them the lease at a rate below Council¡¯s asking price, asking for a personal guarantee was not unreasonable. In response to a request for special reserved parking behind the Village offices, Council stated that parking there is first-come, first-served and should stay that way; Readers¡¯ Garden could lease some Park National Bank spaces if they felt the need to do so. Licking County Transportation Board (LCTB) Manager Hickman asked Council for direction as to action to be taken, noting a resolution would be required in order to proceed. Mayor Robertson noted that the minutes of the June 6, 2000 meeting indicated Council¡¯s desire to proceed and that Mr. Zarbaugh was to have conveyed the draft Memorandum of Understanding to counsel. Law Director Hurst stated he had reviewed the draft but was not aware what Council may have agreed to. Councilmember Lucier noted that Council had neither reviewed the document nor signed anything; it had simply agreed that $1,117/year for Granville¡¯s contribution to the project was an ¡°agreeable¡± amount. Law Director Hurst was concerned that there might be some ambiguity as to that being the entire amount represented and said he would make it absolutely clear that Granville¡¯s contribution would not exceed that number. He will complete his review and revisions promptly.

NEW BUSINESS Resolution No. 00-26, A Resolution To Adopt The 2001 County Tax Budget As Proposed And To Direct The Village Manager To Submit It To The County Auditor, was introduced and read in full by Councilmember Lucier. Second by Vice Mayor Wernet. After assurances by Manager Hickman that this County Tax Budget closely mirrors the Village budget, the Motion carried. Resolution No. 00-26 is adopted.

Ordinance No. 10-00, An Ordinance To Amend Section 1181 Of The Codified Ordinances Of The Village Of Granville, was introduced by title only by Vice Mayor Wernet. Mayor Robertson set the public hearing for July 5, 2000.

Ordinance No. 11-00, An Ordinance to Approve the Covenant Agreement for the Colony at Bryn Du.

Discussion: Before introducing the ordinance, Mayor Robertson asked counsel about its relation to the pending appeal. Law Director Hurst explained that Council, as the legislative authority in this matter, apart from the participating parties, has the power to approve or not approve the restrictive covenants. If the parties involved do not reach an agreement via the current mediation, Council would not approve the covenants. If the parties agree and Council approves of their agreements, the covenants could be passed and the appeal then dismissed. He emphasized that the rights of the participating parties would be impacted if the appeal were to be dismissed before the covenants were approved. Mayor Robertson asked for verification that no action was needed on the appeal in order for her to entertain a motion for Council to consider the ordinance. Law Director Hurst agreed. Councilmember Lucier asked, since the appellants were appealing a Planning Commission decision, if their appeal would be moot if the covenants were adopted by Council. Law Director Hurst said it would not. His opinion is that the central issue was/is not the approval of the site plan but rather what the application of the restrictive covenants to the site was going to look like. Further, if a set of restrictive covenants that both sides could live with were developed, then approved by Council, appellants would no longer be interested in pursuing their appeal. In short, having the appellants withdraw their appeal is a very different situation from Council dismissing that appeal. Law Director Hurst concluded by saying that since this matter cannot be concluded without everyone being on the same page at the same time, the ordinance should be introduced. Ordinance No. 11-00, An Ordinance To Approve The Covenant Agreement For The Colony At Bryn Du, was introduced by title only by Mayor Robertson, who then set the public hearing for July 5, 2000.

Ordinance No. 12-00, An Ordinance To Amend Section 1139.05 (g), 1139.06, 1141.05(e) & (f), and 1147.04(b) Of The Codified Ordinances Of The Village Of Granville, was introduced by title only by Vice Mayor Wernet. Mayor Robertson set the public hearing July 5, 2000. MAYOR'S REPORT The Mayor's Court Report for the month of May was presented for review. Mayor Robertson directed the clerk to file the report. A copy of said report is attached as part of these minutes.

MANAGER'S REPORT The Manager's Report for the month of May was presented for review. Mayor Robertson 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 June 7, 2000, were presented for review. The following corrections/additions were requested: ¡ñ page 2 ¨C ¡°Re: Proposed Development at Newark-Granville Road/Cherry Valley Road.¡± Concerning the sentence beginning at the bottom of the page (¡°Mr. Fackler responded that Law Director Hurst [quote] ¡®wanted this to happen and would recommend that Council grant the request.¡¯ [unquote]¡±), Law Director Hurst asked that the record reflect that ¡°I never made that statement.¡± He further informed Council that he has had no discussions with Mr. Fackler. He was contacted by representatives of Mr. Fackler concerning whether or not there was a mechanism for zoning permits to be extended; Law Director Hurst explained the procedure in 1135.07(c). ¡ñ page 3 ¨C ¡°Appeal Decision ¨C 117 East Elm Street.¡± Attorney Jump asked for three corrections, as follows: 1) change ¡°¡­ the lack of which should have been raised¡­¡± to ¡°¡­the lack of which could have been raised¡­;¡± 2) change ¡°¡­unless the Planning Commission states¡­¡± to ¡°¡­unless the Village Planner states¡­;¡± and 3) [on page 4] change ¡°¡­Attorney Jump would have sent it back¡­¡± to ¡°Attorney Jump would have recommended it be sent back¡­.¡±

Vice Mayor Wernet moved to approve the minutes as amended. Second by Councilmember Lucier. Motion carried.

COMMITTEE REPORTS Personnel Committee (McGowan). The Committee will be meeting in the near future to consult with Manager Hickman on personnel issues for next year. Mayor Robertson and Vice Mayor Wernet are the other members of the Committee. Streets & Sidewalks Committee (Wernet). The Committee discussed 1) the alley on Sunrise Street, which they recommend be brought up to ¡°reasonable standards of condition¡± and then turned over to the residents in that area; 2) off-street parking in certain sections of the Village, which they will discuss with the Law Director before making any recommendations to Council; 3) the Raker property (report by Manager Hickman) ¨C the Village Planner did make a determination, with the participation of the Planning Commission, that six spaces (to be newly striped) plus available on-street parking would satisfy parking requirements. Councilmember Bellman noted that it emerged through the discussion that was no requirement for the Village Planner to put her determination in writing and suggested Council move to require the creation of a written record, in this and other similar circumstances, to avoid such confusion in the future. Mayor Robertson suggested Council ask Ms. Wimberger to create a list of items such as this which need to be addressed by the next planner. Vice Mayor Wernet added that Council may also want to set itself the task of a proactive look at certain sections of the code to check for places that need to be "trimmed up." Mayor Robertson agreed, citing issues of possible inequitable applications of code provisions that became apparent in the course of the East Elm Street appeal. Councilmember Bellman suggested that, in addition to a review of the codes to make sure they comply with the Comprehensive Plan, we take a look at the ¡°business district¡± provisions of the Comprehensive Plan (which suggested periodic reviews). Since we now have more than one business district, Council might consider establishing different densities in different areas. He also encouraged Council to coordinate with the Township Trustees to understand where they are with respect to compliance with the Comprehensive Plan and to work together to allow additional businesses into the area without ¡°sucking¡± everything out downtown Granville to the outlying areas. Vice Mayor Wernet suggested Council might meet quarterly with the Trustees instead of annually, and asked Manager Hickman to pursue this and set the first meeting time. Council agreed it would be productive to work more closely with the Township Trustees on matters of joint importance, with particular attention to meeting the requirements of the Comprehensive Plan.

Planning Commission (Lucier). The Commission has no recommendation as to the Fackler request for an extension since that is not under their jurisdiction. Also, having received word of a possible application from Speedway and McDonald¡¯s, the Commission had a work session and advised their representatives to review the Granville code ¡°very, very, very carefully¡± and comply with every detail. Mayor Robertson noted that Council was asking the Planning Commission if the Fackler plan was still a good plan for the place. Councilmember Lucier reported that the issue had not been conveyed to them that way by Ms. Wimberger and Mr. Fackler did not appear. They also don't know what the current plans are (i.e., whether or not they are identical to the original plans). Mr. Fackler did not appear. Mayor Robertson suggested that a call be made to Mr. Fackler to tell him he needs to take a current plan to the Planning Commission if he wants to proceed. She also pointed out that Council oughtn¡¯t to be acting like a planning commission, i.e., if the permit has expired and Council has no information about whether the plan still makes sense or not, Council cannot make a decision to extend or not extend without input from the Planning Commission. Manager Hickman noted the Mr. Fackler knows he needs to go back to zero and start again. Law Director Hurst agreed, nothing that while there is a mechanism in 1137.05(c) of the codified ordinances to extend a zoning permit under the proper set of circumstances, there is no provision for extending a conditional-use permit; when one expires, the applicant must reapply. Therefore, in a mixed-use structure, if no construction can occur in the absence of an extension of the conditional-use permit, extending the building permit accomplishes nothing. Councilmember Lucier concluded by saying that no action is required of Council at this time.

Tree & Landscape Committee (Moore). In the absence of a quorum, no was action taken.

Economic Development Committee (Moore). Met with the GBPA and received the report of their recommendations (distributed to Council). Council members should review the report and Council will discuss it at a future meeting. The Committee made significant progress in their efforts to craft a statement of economic development policy and also has a first draft of a business development assistance brochure, intended to give new businesses some direction as to where to go and what to do in setting up a new businesses. The Committee met with the Granville Federation for the Appreciation of the Blues to hear the proposal for beer to be served at the Blues Music Festival on September 9th. They heard a detailed discussion of logistics (e.g., size and location of tent, hours of operation, security, insurance) and the GFAB¡¯s rationale that the proceeds from beer sales are vital from a financial standpoint. The Committee recommends that Council approve the application for a temporary liquor permit when it is officially presented, with appropriate requirements for strict controls on the situation (i.e., a defined space, proper security and adequate insurance).

OTHER Spignola Litigation (Law Director Hurst) Re: constitutionality of an ordinance that restricts a speaker to a specified area). Reported that Federal Court has scheduled the preliminary injunction hearing in this case for the coming Monday. Attorneys have asked the Village Manager and the Police Chief to be on standby; the Law Director was requested to attend. GFAB Committee (Gerry Martin, 15 Briarwood Drive) Gave an update on plans for the Festival, noting that the temporary F-2 liquor permit will have a 48-hour limit. Mayor Robertson asked for Council response to the Economic Development Committee¡¯s recommendation that the application be approved when it is presented. Councilmember McGowan asked about restrictions on the permit; Mr. Martin stated it would confine the hours of operation to approximately 12:00 noon to 8:00 p.m., with beer sales starting one hour after opening and stopping one hour before closing. They plan to serve in a fenced-in area with entry controlled by ID bracelets obtained when drink tickets are purchased at a central location. Signs stating ¡°We reserve the right to refuse service¡± will be posted, and off-duty sheriffs will be hired. The stage for the bands will be in front of the Alltel building, with spectator stands directly across the street. Vice Mayor Wernet said it sounded as though the organizing committee had put a lot of thought into giving this event the best chance to work and he is comfortable with trying it this year to see how it works out. Councilmember Lucier agreed. Councilmember Bellman expressed some concern about wristbands (i.e., the ease with which the process can be corrupted) and suggested the committee consider ultraviolet stamps instead. Mayor Robertson voiced Council¡¯s consensus that the committee should continue with its plans. Mt. Parnassus Lift Station (McGowan). Noted that Kim Miles was not in attendance at the meeting due to the item not appearing on the agenda distributed prior to the meeting, and requested that the discussion be postponed to the next meeting. Manager Hickman agreed.

Public Restrooms (Lucier). Asked if the Village could/would arrange for 24-hour public access to the handicapped restroom in the Village Hall. Manager Hickman stated the issue had previously been raised a number of times and his concerns are still the same (i.e., the increased need for maintenance and the possibility of calls to him at home at night due to problems). He suggested it might be better to restrict access to regular business hours and wondered if GBPA might want to assist with the maintenance and/or upkeep. Councilmember McGowan suggested that, since the Village Hall custodian now works limited hours, any increased costs could be included in the budget next year if Council feels this is a worthwhile effort. Vice Mayor Wernet stated he would rather the Village pay for this than ask GBPA. Manager Hickman expressed his willingness to look at the issue again if Council so instructed him. Mayor Robertson asked him to do a feasibility review, including projected costs,

Cell Phones (Mayor Robertson) Asked for reaction from Council on the issue of prohibiting the use of a cell phone while in a moving vehicle. Members asked about hands-on vs. hands-off phones and whether Council could actually pass such an ordinance. Law Director Hurst stated that he had not yet reviewed the issue but could assign the review to someone. Manager Hickman said he would confer with the Police Department and report back to Council.

MEETING ANNOUNCEMENTS Next Village Council meeting ¨C July 5, 2000

ADJOURNMENT Vice Mayor Wernet made a motion to adjourn the meeting at 9.45pm. Second by Councilmember Lucier. Meeting adjourned. 

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