VILLAGE OF GRANVILLE COUNCIL MINUTES October 16, 2002
CALL TO ORDER (by Mayor McGowan at 7:34 pm)
PLEDGE OF ALLEGIANCE
ROLL CALL Those responding to the Roll Call were Mayor McGowan, Vice Mayor Moore, Councilmembers Hartfield, Robertson, Bellman and Crais; Manager Hickman, Law Director Crites.
APPROVAL OF AGENDA (7:35pm) Mayor McGowan moved to change the order of the agenda for Old Business, Ordinance No. 14-02, to be discussed before hearing any new business to accommodate a request of a councilmember who may need to leave early. There were no objections to this change. Councilmember Robertson moved to approve the agenda as amended, seconded by Councilmember Crais. Motion was accepted without objection.
BRYN DU ADVISORY COMMITTEE (7:35 pm) Presentation/Report Keith Myers, Committee Co-Chair, said 16 folks significantly contributed to the completion of the study. They began their work on Sept. 12th to define the scope and agree to the purpose of the study. The purpose was to provide Council and the public an assessment and develop strategies on disposition of the property. Three committees were established: 1) the Architecture Committee whose purpose was to study the structure of the property; 2) an Economic Analysis Committee who reviewed similar case studies of other properties the and economics of the property; and 3) the Land Use Committee whose purpose it was to make a determination of the development potential of the property.
At the first meeting several consultants were identified and the Committee settled on working with Schooley Caldwell & Assoc. with Robert Loversedge being the principal in charge. This is the firm that did the restoration of the state capital in Ohio and Utah and had already worked on Bryn Du mansion in the past. The Committee felt their qualifications were adequate.
The Economic Analysis Committee visited 3 properties: the Gelpi House in Dublin, Jeffrey Mansion in Bexley and the Reese Peters House in Lancaster. All were different and done with different funding sources and all were being used for different purposes, the details of each are contained in the detailed report submitted tonight. The Land Use Committee examined zoning on the land and discovered there are at least 48 dwelling units that could be built on the front part of the property. Land Use folks and others felt green space and the open field in front (preservation of) was important. The Committee felt there would be a strong potential to develop the land, which will challenge the village if they don’t own it. On Sept. 15th, we toured the property and buildings. Some members were a little surprised at the construction that had been begun but was not completed. On Oct. 7th the Architecture Committee reported & Loversedge’s report showed that the mansion was structurally sound and would cost $1.3-2.5 M to complete depending on the level of completion desired. This would not include renovation of the outbuildings. On Oct. 10th a public meeting with an open house format was held. Quite a number of people came through and citizens’ comments are now in the back of the report presented in the appendix. Over the last weekend strategies for the property were developed and finalized.
7:40 pm Councilmember Dick Main arrived.
Rob Drake, Committee Co-Chair, said the committee saw 2 strategies that can be found in the report: 1) The “Do Nothing” option which is don’t buy it and see what happens; 2) “Do Something” option which is purchase the property a) rezone the front part to insure the green space is preserved and immediately return the back parcels for sale on the market and try to recoup as much monetary investment as possible, or, take the back parcel and put the buildings into a state of minimal maintenance which is detailed in Loversedge’s report and study what could be done with the mansion in terms of its uses and funding sources available to realize those uses. This could include disposing of the mansion if no viable uses/funding can be found. Council could look to find a viable way to utilize the parcel as another option. If it comes to the point of renovation the Committee suggests that these issues be put back into the public domain. The 3rd scenario is to buy the property and renovate it with public and private funding sources.
Drake said several committee members were present and could answer any questions council may have. He said the report would not look as good as it does without the services of Seth Dorman, the Village Planner, to whom he said all owe a public debt of thanks.
Mayor McGowan thanked the Committee and Seth for all of their hard work.
Discussion: Mayor McGowan asked for clarification on the number of houses that could be developed on the property. Drake responded that the committee based its numbers on the historical densities that had been allowed in the past which could allow this much development. Drake said also that there was not an exact answer to that question because there is flexibility allowed in the zoning process. Keith Myers said that the flat area in the front of the property would be the quickest to develop – the rear of the property would not be as easy.
Councilmember Crais asked if Council adopted the “Do nothing” strategy, could the front be developed quickly? Drake said the Committee did not know how much time that might take but that it would be easy to develop considering its location.
Drake also said that the Committee and Seth Dorman had said that this report could be put on the Village website and thought it would be a good idea for those who would not have time to see it at the library or in the village offices.
Councilmember Bellman asked how quickly could the report be placed on the website.
Village Manager Hickman responded that it could be on the website by Monday.
Councilmember Crais asked for an emergency meeting to discuss the report before the election because Council might want to issue a statement or resolution on the report.
Councilmember Bellman said council could do this by resolution of council.
Councilmember Robertson said even with the report out to the public, people will still have questions. She said she would favor having something where people could see pictures and ask more questions before the election.
Councilmembers discussed what would be the best day and time to hold the special meeting.
Mayor McGowan announced that an emergency meeting would be held at 7:00 pm on Thursday, October 24th in Council Chambers to discuss the Bryn Du Commission report.
Law Director Crites said council should do this by motion and a voice vote would suffice.
Councilmember Crais moved to have a 7:00 pm meeting on Oct. 24th to discuss the report of the Bryn Du Mansion, Councilmember Robertson seconded.
The motion carried without opposition.
CITIZENS’ COMMENTS ( 7:55 pm) All topics
Dorothy Garrett, 45 Donald Ross Drive, asked if the meeting on Thursday, Oct. 24th would be a public meeting and what the format of that meeting would be.
Mayor McGowan responded that the special meeting would be a public meeting with a question and answer session.
Steve Mershon, 405 East College said it was good to give the public a chance to have input on this purchase. He urged Council to reconsider accepting money from the township to help fund the purchase of the Bryn Du property. He thinks that would go a long way to ease some of the concerns voters have about the purchase.
Joe Magdich, Seasongood & Mayer (Ord. 16-02) Village Manager Hickman announced that Molly Roberts, Finance Director of the Village would speak on behalf of Mr. Magdich. Roberts discussed the annual renewal of the re-issuance of the village notes – paying down $175,000 in principle leaving the village note at $635,000, at a rate of 2.09%, saving the village over $6,000 on interest.
Vice Mayor Moore asked what were the rates on the bonds that had been replaced by the notes? Roberts responded that the rates on the bonds were 6 ¾%.
Mayor McGowan closed Citizens’ Comments at 7:57 pm.
PUBLIC HEARING Ordinance No. 14-02, An Ordinance To Approve The Development Plan For The Speedway Gas Station And Convenience Store At State Route 16 And Cherry Valley Road, Village of Granville, Ohio with Conditions. Mayor McGowan opened for public comments at 8:00 pm.
Comments: Vice Mayor Moore recused herself from the discussion.
Jeff Brown, attorney for the applicant, said this was a situation where the property was already zoned. He said they were seeking approval of their planned development. He said they had attended numerous meetings -- both formal and informal with the Planning Commission. The memorandum of explanation about the Planning Commission’s position is on file. He said they discovered some further concerns with traffic at the Council meeting and thinks that they have met all of those concerns about traffic. He said they had done everything Council’s traffic consultant has asked them to do as his concerns related to traffic. The property was zoned, the proposed use was a permitted use, and they had done everything the Planning Commission asked them to do and everything that the village’s traffic consultant had asked them to do. He said they had met Council’s requirements in code as they relate to traffic so they respectfully requested Council approve their plan as submitted with all the conditions that were agreed to.
Mayor McGowan closed the public hearing at 8:01 pm.
Ordinance No. 15-02, An Ordinance To Amend Chapter 921.02, Sewer Regulations, Of The Codified Ordinances of Granville, Ohio. Mayor McGowan opened for public comments at 8:02pm.
Mayor McGowan closed the public hearing at 8:03pm
OLD BUSINESS (8:03 pm)
Ordinance No. 14-02, An Ordinance To Approve The Development Plan For The Speedway Gas Station And Convenience Store At State Route 16 And Cherry Valley Road, Village of Granville, Ohio with Conditions. Re-introduced by Councilmember Main; seconded by Councilmember Hartfield.
Vice Mayor Moore recused herself from the discussion.
Discussion: Councilmember Crais asked if Council was ready to vote tonight or at the next meeting?
Law Director Crites informed Council that they could defer this to the next regular meeting if Council desired to do so. He said he had two amendments to the ordinance that he had brought to council’s attention as initially introduced and described them as simply housekeeping matters regarding the turn lanes in Section 2 (b) including the language of the dual westbound left turn lanes, and Section 3. Crites informed Council that under Section 1171.03 (C) (2) Council would be required to make specific findings as to ingress & egress and traffic impact.
Mayor McGowan asked if Councilmember Bellman wanted to address this issue?
Councilmember Bellman said he would vote against the ordinance because there was not adequate ingress and egress and it does present a safety and welfare problem. This particular type of business would pull more traffic conflicts into the area and create significant problems. The layout of the plan is clearly not in conformance with the village code in that parking is in the front instead of the rear.
Mayor Mcgowan said he shared some of Councilmember Bellman’s concerns of traffic around Cherry Valley Road. He said he had concerns because the traffic study was done before the closing of River Road, which subsequently had considerably increased the traffic on Cherry Valley Road. And the curb cut on the right in was taken out of Certified which forced traffic into the IGA Drive causing shared access. IGA was not happy with the curb cut and being somewhat close to the intersection, while it was stated it should not be an issues, it could be an issue. Mayor McGowan also said he was concerned if Council approved the measure tonight it could be referended in 30 days or so and the matter would drag it out even further. If Council turned down the ordinance, the village could be sued and those are the issues he said he was dealing with at that moment.
Councilmember Crais said he based his decision on code analyses and the comprehensive plan adopted by Council by ordinance. The comprehensive plan and codified ordinances convinced him that he was unable to support the ordinance. The particular areas Crais stated objection to were:
Section 1171 failed to meet that condition in Sections D and E.
In Section 1171 (3) c) (2) a) Crais said the code says that such planned development ingress/egress should not adversely impact traffic flow and the safety and welfare of the public – and on 7 counts the development fails to meet that burden.
In 1171 (3) b) Crais said there was testimony that cars would park in front of the business. Crais said he consulted the comprehensive plan [on page 10], which says the development shall be to …primarily serve the needs of the local community not those of transient markets.
Crais noted a number of inadequacies concerning the methodology and estimation of the peak travel times from their own traffic study
Lastly Crais was struck that there was no discussion on what would be sold at the convenience store thus no discussion about the safety issues on the possible sale of beer at a major intersection.
Crais concluded by reminding Council and talked about the 2-2 vote of the Planning Commission and the 1995 ruling of judge frost that has direct relevance to the matter at hand.
Mayor McGowan asked for other comments.
Jeff Brown, attorney for Speedway, asked to make a comment.
Councilmember Bellman said Council was at a decision- making process and this could impede that process.
No further comment was made by Jeff Brown.
Mayor McGowan closed the public hearing for Council’s decision on SuperAmerica at 8:18pm.
Councilmember Crais asked what Council would be voting on.
Councilmember Bellman explained to council what they would need to do in order to move forward.
Law Director Crites said Council could, as suggested by Councilmember Bellman, introduced a motion to amend the ordinance and after that, act on the underlying motion whether it was amended or not, then act by resolution and adopt the findings of fact if it needs to be disapproved. What Crites said he could do would be to take the information presented at the meeting and put together a proposed “Findings of Fact” and submit it to Council at their next meeting and introduce a resolution that can be acted upon at that time, if that would be the pleasure of Council.
Mayor McGowan asked if anyone would make a motion on the amendments as presented by Law Director Crites. On page two, in section 2B in the second line, after the word “impact,” add the words regarding the dual westbound left turn lanes and dual northbound left turn lanes, and a new section 3, council specifically finds that the subject development plan meets all the requirements set forth in Section 1171.03 (c) (2) of the codified ordinances of Granville…
Councilmember Robertson asked for clarification of the modification of section 2B and if it brought the total number of lanes to 6.
Director Crites responded that was correct.
Councilmember Main moved that the amendments be included in the ordinance as stated, Vice Mayor Moore seconded.
Councilmember Bellman commented about the westbound lanes and the need for Section 3.
Director Crites said the amendment was a clarification of what was already agreed to.
Councilmember Bellman asked again about section 3
Director Crites said Section 3 had to be in the ordinance before Council acted on it because Council is required to make specific findings.
Councilmember Crais said given the recent decisions of Council he wanted to remove the 6-lane requirement from the motion.
Mayor McGowan asked if there were any other councilmembers who objected to the 6-lane language.
Law Director Crites asked for a point of clarification from Council if they were opposed to this in total or just the amendment? Did Council want the whole of paragraph B? That was put in there because that was part of the agreement that was struck.
Councilmember Robertson said she was not aware of any agreement that was struck. She thought that was an awkward way to recollect the discussion.
Law Director Crites said he included those conditions for Council’s consideration. If Council wants to delete it, they can.
Mayor McGowan asked if there was a motion to delete “B”
Councilmember Crais moved to delete “B”.
Jeff Brown said he thought the motion would have to reflect the amendment that the applicant had made, if the ordinance is adopted or not, of what was agreed to. He said he thought that was what had to be reflected. He suggested if Council didn’t like it, not to vote for it. But he said, Council should reflect what was agreed to.
Mayor McGowan asked if Council was obligated to have section “B” in the proposal.
Law Director Crites responded that Council could do whatever they chose to do. They have that authority. Crites said if Council were to decide to strike language, they have the authority to do so.
Councilmember Main withdrew his first motion. Councilmember Hartfield seconded.
Mayor McGowan asked if there was more discussion.
Hearing none, he asked for a roll call on removing the 6 lane?
Yes – 6 (Councilmembers Crais, Robertson, Bellman, Hartfield, (Vice Mayor Moore recused); Mayor Mcgowan, Councilmember Main). No – 0.
Councilmember Crais moved to adopt Section 3, Councilmember Main seconded. No discussion.
Motion was adopted without objection at 8:20 pm
Mayor McGowan informed Council they were back to the ordinance itself, as amended, and asked if there was any discussion.
Councilmember Main said that as a representative to the Planning Commission, they looked in-depth at how this plan set according to the ordinances and zoning codes and the Planning Commission, on individual items, felt that the plan did meet the requirements under the code—some of which obviously reached the point of opinion. He said they talked about finding of facts, and some of those were opinions when talking about safety and welfare of the public. In certain instances these can be opinions that can opined in any way. Main said he thought the Planning Commission did a good job and spent an enormous amount of time considering this. He said it seemed to him that this plan did meet the codes as they had been gone over in the Planning Commission and as far as the applicant had gone in his opinion, was beyond, in his opinion what was reasonable in adjusting their architecture, etc. The issue was, had the applicants met the requirements of the code? In Main’s opinion they had. He said he knew other councilmembers had some other differing opinions on businesses at major intersections.
Roll Call Vote: No – 4 (Crais, Robertson, Bellman, McGowan) Yes – 2 (Main, Hartfield). Ordinance No. 14-02 is defeated.
NEW BUSINESS (8:25 pm)
Development Plan Hearing (1169 Cherry Valley Rd) – Jeff Oster) Councilmember Crais recused himself from discussing the issue. Mayor McGowan scheduled the hearing for Planning Application #02-128 for November 6, 2002.
Ordinance No. 16-02, An Ordinance Providing For The Issuance Of $635,000 Of Notes By The Village Of Granville Ohio, In Anticipation Of The Issuance Of Bonds For The Purpose Of Paying Part Of The Cost Of Refunding The Village’s Outstanding Sewer System Mortgage Revenue Refunding Bonds Dated As Of May 1, 1991, and Constructing Improvements To The Municipal Sanitary Sewer System, And Matters Related Thereto, And Declaring An Emergency. Introduced by Vice Mayor Moore, seconded by Councilmember Crais.
Discussion: Vice Mayor Moore said in section three, 2.09% - please change. Moore said it was part of the plan that Council did when revenue bonds were refunded with general obligation notes.
Roll Call Vote: Yes – 7 Crais, Robertson, Main, Bellman, Hartfield, Vice Mayor Moore, Mayor McGowan.. No – 0. The Emergency Clause carried.
Councilmember Moore moved to adopt Ordinance No. 16-02; seconded by Councilmember Crais. .
Roll Call Vote: Yes – 7 (Hartfield, Crais, Moore, Bellman, Main, Robertson, McGowan). No – 0. Motion carried. Ordinance No. 16-02 is adopted.
Councilmember Robertson asked Mayor McGowan and Council to be excused at 8:28 pm. Resolution No. 02-35, A Resolution To Award The Bid For Fern Hill Drainage Improvements, Per Specifications To Columbus Asphalt Paving, Inc. And To Authorize The Village Manager To Enter Into An Agreement Therefore. Introduced by Councilmember Crais; seconded by Councilmember Main. Discussion: Village Manager Hickman said there was a friendly amendment to say “agreement thereof” to correct a problem the village has with an existing storm sewer. He said he had selected the lowest bid out of seven.
Vice Mayor Moore asked if this was the lowest bid? Manager Hickman responded it was the lowest and best bid. Motion to Adopt made by Mayor McGowan, seconded by Councilmember Main. 6 yes, 0 no. Motion carried. Resolution No. 02-35 is adopted.
Ordinance No. 15-02, An Ordinance To Amend Chapter 921.02, Sewer Regulations, Of The Codified Ordinances of Granville, Ohio. Introduced by Councilmember Main; seconded by Councilmember Moore.
Discussion: Village Manager Hickman said the ordinance would take care of some problems the village has had with some landscapers and property owners where they have filled in over existing manholes. This measure would put the responsibility back on the owners and the landscapers to free up plugged up manholes.
Roll Call Vote: Yes – 6 (Hartfield, Crais, Moore, Bellman, Main, McGowan). No – 0. Motion carried. Ordinance No. 15-02 is adopted.
MINUTES (8:38 pm) Regularly Scheduled Meeting of September 18, 2002 Minutes as submitted were amended and accepted.
Regularly Scheduled Meeting of October 2, 2002 Councilmember Crais moved to accept the minutes as drafted; seconded by Councilmember Bellman. Motion carried, 6-0.
MAYOR’S COURT REPORT – September (8:43pm) The Mayor’s Court Report for the month of September was presented for review.
Discussion: Councilmember Hartfied asked of there had been more sirens and runs in the last 3 or 4 weeks more than usual?
Meagan Schaffer, a reporter for the Denisonian commented from the audience that there have been a lot of false alarms and some serious matters on campus requiring siren runs.
Vice Mayor Moore moved to accept the report; second by Councilmember Hartfield. Motion carried, 6-0, without objection.
Mayor McGowan instructed the report be filed with the Clerk. A copy of said report is included as part of these Minutes.
MANAGER’S REPORT – September (8:44pm) The Manager’s Report for the month of September was presented for review.
Discussion: Councilmember Crais said he had heard concerns from a lot of people about speeding on Granger Street. He also asked whose responsibility is was to maintain clean-up of copious amounts of vomit on a regular basis in front of a certain village business establishment—that he felt was related to Denison. Village Manager Hickman responded that businesses were really responsible for cleaning up sidewalk messes. Crais asked what could be done if a business does not take care of this kind of mess? Hickman asked Crais to pass along the name of the business to him and said he would check into it.
Vice Mayor Moore said she concurred that she has seen this also.
Councilmember Crais moved to accept the report; seconded by Councilmember Main. Motion carried 6-0, without objection.
Mayor McGowan instructed the report be filed with the Clerk. A copy of said report is included as part of these Minutes.
COMMITTEE REPORTS Economic Development Committee (Crais, Moore, Robertson) A meeting scheduled 7:30am at Granville coffee shop this Friday, Oct. 18th. A Denison student will talk about how businesses can better serve students and the selection of a PR firm to help develop an identity or “brand” for Granville.
Councilmember Crais asked to excused At 8:47pm to celebrate his wedding anniversary.
Mayor McGowan and Council excused Councilmember Crais.
Finance Liaison (Moore) No report.
Granville Foundation (Main) The foundation met last night. Main did not attend because of the Planning Commission meeting and he had an emergency dental patient. He asked for a report from “Jack Burris,” a foundation committee member, who reported from the audience that the commission did not discuss any pressing issues.
JEDD (Bellman, Crais) No report.
Newark/Granville Committee (Bellman, Main) No report.
Personnel (Hartfield, McGowan, Robertson) No report.
Planning Commission (Main) No report.
Recreation Commission (McGowan) No report.
Senior Citizen Committee (Moore, Robertson) No report. Street Light Committee (McGowan) No report. Streets/Sidewalks/Utilities Committee (Bellman, Hartfield, McGowan) Village Manger Hickman said there was a meeting tomorrow night at Denison University that has been posted to the neighbors to see their proposed improvements to Burg Street, at 7pm. Hickman will attend to see what they might have in mind. If they are planning on making an improvement 2003, the Street & Sidewalk Committee might want to look and see if there is anything they want to do as well at that time.
Tree & Landscape Committee (Moore) Vice Mayor Moore reported that they were getting ready for fall tree plantings and looking for locations to plant trees.
Union Cemetery Board (Main) Main reported they were having a work session this Sat. (volunteer) at 9:00 am at the Union Cemetery (Old Colony Burial Grounds). The cemetery board folks will be patrolling the cemetery during trick or treat night hours to make sure that no vandalism takes place. There will be lighted path through the cemetery so folks can walk through it.
Village Manager Hickman said the future of Sinnett House would be discussed at a meeting tomorrow night at 7:00 pm.
Councilmember Bellman said a street and sidewalk committee meeting needed set for next week to discuss information about Wendy’s and the access road, and Burg street. Manager Hickman said he would send out an email to determine what might work best.
OTHER COUNCIL MATTERS Councilmember Hartfield asked again if there would be adequate police, etc., for Halloween night.
Manager Hickman responded affirmatively and told Council they had gotten back all of the stolen signs. The replacement signs will be erected very quickly. He said they would use the extra signs another time in other ways.
Councilmember Hartfield reminded Council that they needed to schedule another Executive Session.
Manager Hickman responded there would be adequate time at the next meeting and asked to have other issues discussed then as well.
At 8:54 pm, Vice Mayor Moore moved to adjourn the meeting. Second by Councilmember Main. Motion carried, 5-0. Meeting adjourned.
Submitted by Susan Dean Byrnes