Granville Community Calendar

Council Minutes 6/4/03

VILLAGE OF GRANVILLE COUNCIL MINUTES June 4, 2003 

CALL TO ORDER (by Mayor McGowan at 7:31pm) 

PLEDGE OF ALLEGIANCE 

ROLL CALL Those responding to the roll call were, Councilmembers Hartfield, Robertson, Crais, Main, Bellman, Vice Mayor Moore, and Mayor McGowan; Manager Hickman, Law Director Crites. 

APPROVAL OF AGENDA (7:32 pm) Councilmember Crais asked for the agenda to be amended. He asked for “Old Business” to be moved right after the public hearings and before “New Business.” Within “Old Business” Councilmember Crais asked for item D (Ordinance No.10-03) to be moved to where item B (Ordinance No. 08- 03) is. 

Councilmember Main moved to approve the agenda as amended, seconded by Councilmember Hartfield. Motion carried. 

CITIZENS’ COMMENTS (7:34 pm) All topics – Ben Rader,39 Briarwood Drive, wished to speak on two issues. The first was Ordinance No. 10-03 introduced by Councilmember Crais. Mr. Rader stated that he was opposed to this ordinance because he felt that it was unnecessary and would handicap future councils in dealing with desirable developments outside the village. He stated that council members are elected by the people to make these types of decisions by gathering information and holding public hearings. Mr. Rader felt the mentioned legislation could hamper future development and the ability to raise taxes for schools and such. Mr. Rader also stated that he took notice of Ordinance No. 08-03 which appropriates $36,300 for Bryn Du contractual services. He felt that this was too much money for a “very simple report.” Mr. Rader stated that the first committee completed much of this work already and he fears that the report would only give “what you want to hear and not what you need to hear.” 

Mayor McGowan closed citizens’ comments at 7:36pm. 

ZONING AMENDMENT REQUEST St. Edwards the Confessor, 785 Newark Road Attorney David Graham spoke while leading a PowerPoint presentation. He mentioned three ways he felt re-zoning could benefit the Granville community: • facilitates the planned church addition and renovation • allows church to improve ministry to community • ensures future civic, religious and community use of the property Councilmember Robertson inquired on the church’s intentions for the larger wooded area in the rear of the property. Mr. Graham stated that there were no specific plans for the area at this time. Monsignor Paul Enke stated that there is a slight possibility for parking expansion in the future. Councilmember Bellman stated he would have no problem with the re-zoning. However, he does have some concerns with the back section formerly known as the Kennedy property. He would not be in favor of including this wooded area, especially if re-zoning would make it more likely for the trees to be taken down. Mr. Graham stated that the proposed institutional re-zoning would make it less likely to be altered, than the current residential zoning in place. Councilmember Bellman stated that institutional zoning would allow more flexibility. He inquired if the heavy elevation (from the tree-line back) would deter the church from developing that area. Mr. Graham agreed that development costs would be high, however he would need to check with Monsignor Enke and the dioceses to see if they would agree not to ever develop there. Councilmember Crais asked Law Director Crites if there were any green space guidelines. Law Director Crites stated that section 1160.03 covers some provisions in the code in respects to institutional zoning. Councilmember Crais wished to know if institutional re-zoning increases the possibility of more lot coverage. Law Director Crites stated that with institutional districts there is no minimum lot area and no minimum lot width; The front yard minimum is 35 feet, and the sides and rear are 50 yard minimums. Councilmember Crais stated that in some respects this request simply formalizes what was already being used as institutional zoning. Mr. Graham agreed that the property was being used as institutional and the use would not change at all. Councilmember Crais stated some concern with maintaining a certain amount of green space. Mr. Graham stated that there are plans to have the south end near the road as a green space area. Councilmember Robertson asked which buildings were being torn down. Councilmember Crais inquired on their historical significance, if any. Monsignor Enke stated that he considers himself a historical preservationist and does not see these buildings having any historical significance. Councilmember Main stated that the Planning Commission felt approving institutional zoning would ensure that the mentioned north area not get plotted, and under the current residential zoning this area could be plotted and sold off. Councilmember Robertson asked Seth Dorman if any area next to the proposed re-zoning was capable of being built on. Mr. Dorman was unsure. Mayor McGowan wanted to know if it was true that if parking was expanded it would be too costly to do where the mentioned trees are located. Mr. Graham and Monsignor Enke agreed. Monsignor Enke stated that there are no plans to develop the land at this time, but at the same time, the land does belong to the parish and no one really knows the future possible uses. He went on to say that they are sensitive to the beauty of the land and the Granville environment. Mr. Graham stated that the new parking lot would have trees on it. Architect Thomas Linzell stated he does not see the north area as a feasible area for parking. 

 PUBLIC HEARING Ordinance No. 07-03, An Ordinance Approving The Application To Rezone Property Owned By The St. Edward’s Church Located At 695, 715, 785 And 865 Newark. No one appeared to speak for or against Ordinance No. 07- 03.

Mayor McGowan closed the public hearing at 8:09pm.

Ordinance No. 08-03, An Ordinance To Amend Ordinance No. 25-02 Providing For Adjustments Of The Annual Budget For The Fiscal Year 2003 And Revising Sums For Operating Expenses. (Bryn Du Study) No one appeared to speak for or against Ordinance No. 08- 03.

Mayor McGowan closed the public hearing at 8:10pm.

Ordinance No. 09-03, An Ordinance To Amend Ordinance No. 25-02 Providing For Adjustments Of The Annual Budget For The Fiscal Year 2003 And Revising Sums For Operating Expenses. (Misc. Street Improvements) No one appeared to speak for or against Ordinance No. 09- 03.

Mayor McGowan closed the public hearing at 8:10pm.

 Ordinance No. 10-03 To Amend Section 3.07 Of The Charter Of The Village Of Granville To Allow An Ordinance Which Directs The Sale Of The Surplus Project Of Any Utility To Others Outside The Village To Be Subject To A Referendum, And To Declare An Emergency. Judith Thomas, 4 Shepherd Place, stated she was interested in learning more about the ordinance and feels it is a good idea because it would allow more public input. 

Mayor McGowan closed the public hearing at 8:12pm.

OLD BUSINESS (8:12 pm) Ordinance No. 07-03, An Ordinance Approving The Application To Rezone Property Owned by The St. Edward’s Church Located At 695, 715, 785 and 865 Newark Granville Road was reintroduced by Councilmember Main. Second by Councilmember Crais. 

Discussion: Vice Mayor Moore inquired on the recommendation by the Planning Commission. Councilmember Main stated it was a unanimous vote. Councilmember Robertson stated she was confident that the church would be “good stewards of the land.”

 Roll call vote on Ordinance No. 07-03: Crais, Moore, Main, Robertson, Bellman, Hartfield, McGowan. (7- 0). Ordinance No. 07-03 was adopted. 

 

Ordinance No. 10-03 To Amend Section 3.07 Of The Charter Of The Village Of Granville To Allow An Ordinance Which Directs The Sale Of The Surplus Project Of Any Utility To Others Outside The Village To Be Subject To A Referendum, And To Declare An Emergency was reintroduced by Councilmember Crais. Second by Councilmember Robertson. 

Discussion: Councilmember Bellman inquired as to why the ordinance had an emergency clause. Law Director Crites stated that in his absence, Mr. Gorry drafted the ordinance. He stated that Mr. Gorry felt it was important in order to meet certain deadlines, get the issue on the ballot, and get the ballot language approved. Law Director Crites stated that assuming no difficulties, 30 days would allow enough time for the issue to go on the ballot. Councilmember Crais stated that he recalled a different reasoning for the emergency clause given by Mr. Gorry. He said that he was told you don’t want to have a piece of legislation go to the voters and pass the council in such a way that the “voters could bring it to the voters.” Councilmember Crais stated that this ordinance would clean up the process. Councilmember Crais stated that right now citizens needing utility extensions have no other recourse than council chambers. He went on to say that the current process produces conflict and makes the work of council go slowly. Councilmember Crais stated that currently when a request for utilities is before council, the current charter does not give council the ability (as in the Bryn Du case) to put the issue directly on the ballot. He stated that it is inevitable that council will be faced with more requests for extensions and these requests should have community consideration. Councilmember Crais stated that it was not too long ago when there was a situation where council was very unresponsive. Councilmember Robertson stated that putting this in the public realm is very positive. Councilmember Main stated that in his eyes council should get as much control as possible over development outside the village. He went on to say that the council, through the extension of utilities, can influence the direction of development. Councilmember Main stated that the village is not the only provider of this type of service and there is a competitive environment including Newark, Heath, New Albany, and Pataskala. He stated that those trying to develop may go elsewhere if unable to get service from Granville. He is opposed to this ordinance. As a business person, Councilmember Main stated he would be reluctant to lay out large amounts of money when forced to rely on the voters and convince them that his business is worth their utilities. Given that – he would go elsewhere. Councilmember Robertson stated that she sees this as something that blocks bad ideas more than something that blocks good ideas. Councilmember Bellman spoke in regards to the illusion of a unresponsive council. He stated that there have been difficult periods and what has happened in the past can happen again. Councilmember Bellman went on to say that is it important to have legislation that lets the community have their say. He stated that he appreciated Councilmember Main’s comments, but sees this as a voter’s rights issue. Councilmember Bellman said that council has no justification to deny voters their voice on this issue as the voters already get one on virtually every other issue that comes before them. Councilmember Hartfield asked why it took eight years to make this issue an emergency. Councilmember Crais stated that he did not propose this as an emergency, but was advised to do so by Mr. Gorry. Councilmember Hartfield stated that it has come across as a pressing issue and she wonders why it was not dealt with in the past by previous councils. She went on to say that she sees utility extensions as a way to control what does happen and it is naïve for council to believe that Pataskala and other mentioned towns are not right there at their doorstep. She mentioned what happened on River Road and she sees this as a way for council to have more control to avoid that type of situation in the future. Councilmember Crais stated he believed Councilmember Hartfield was making a basic misinterpretation by seeing this ordinance as anti-development. Councilmember Hartfield stated she does not see it as anti anything. She believes businesses looking at what they need to do business will seek areas with more lax rules and regulations because it would the quicker thing for developers to do. Mayor McGowan stated that he, along with Councilmember Bellman, was on council when there was a moratorium for development on Cherry Valley Road. He went on to say that he believes no one on this council is for pro-development. Mayor McGowan stated that the people need to get involved on council and they have a choice to vote when electing these officials. He stated that there is always the option of recall which was recently the situation in Pickerington if things get out of hand. Mayor McGowan stated that if a JEDD was created – what would that do to the JEDD. He also said that his biggest concern would be township land annexed by other communities and the village’s ability to have control. Mayor McGowan mentioned the Kendall property and felt this ordinance could put that expansion in jeopardy. He stated that the building of another school and the utility extensions needed could also be a problem with this ordinance. He stated he does not want to take anything away from the voters, but feels that in this case the extension of water and sewer allows the council to work with neighboring townships or development in a way that would be efficient and effective. Mayor McGowan stated that there are many concerns with development and having council maintain control over water and sewer will be beneficial to the community in the long run. Vice Mayor Moore stated that she tends to think more strategically and further into the future in regards to this ordinance. She feels its adoption would be short- sited. Moreover, she stated it could have some unintended consequences of perhaps encouraging residential development over commercial development. Vice Mayor Moore stated she felt it was short-sited in the fact that there is no monopoly over sewer and water. Vice Mayor Moore mentioned that there are other areas providing sewer and water all around us and in regards to development, the council needs to have the capability to act quickly in order to act defensively. Furthermore Vice Mayor Moore stated that if you need to wait for a vote that is nine months away, control will be lost just like that. She also mentioned the recent tax reclassifications done by the county auditor. Vice Mayor Moore agreed with Councilmember Crais and said that there will be many more requests for water and sewer extensions in the future. She however does not want to leave council without any ammunition. Vice Mayor Moore stated that sewer and water extensions can shape where you want development to go and can be an important tool. She said that she sees this ordinance as a bad idea. Councilmember Crais stated that in regards to the future he sees a moratorium on any extensions. He also said that it could take years to rewrite the legislation. Councilmember Crais believes this ordinance could streamline the process, not further complicate it, and at the same time he does not envision people running to referendum everyday. He went on to say that this ordinance reassures the citizens that their democratic rights are protected, which is not the situation at present. Councilmember Robertson stated that good government has good checks and balances. She stated that the mentioned neighboring towns (Pataskala, New Albany, etc.) can extend into the township but only if the trustees allow it. Law Director Crites stated that SW Licking, under Title 61, can move into townships and possibly expand into municipalities. He stated that he was not speaking in reference to Granville Township. Councilmember Robertson and Councilmember Bellman stated that there is an agreement/contract stating that they won’t. Councilmember Robertson stated that OEPA is less likely to permit on site sewer treatment. Vice Mayor Moore said not with residential. Vice Mayor Moore added that she had a correction in regards to council putting an issue on the ballot – they could with an Advisory Election – as was done with Bryn Du. Law Director Crites agreed it was possible. Councilmember Bellman stated that voting against the ordinance is voting to allow voters no say at all. Mayor McGowan stated that voting for this ordinance is not allowing the council to work with the township trustees. Councilmember Crais said he did not believe that was correct at all. Councilmember Crais stated that the essence of the ordinance is to allow citizens to vote on the rights of their utilities which they pay for every month. He went on to say that it would make life easier for citizens as well as council. He added that with the issue of recall – it would not help at all. Moreover, he stated that a moratorium would not be an issue. Councilmember Crais stated the current process is profoundly un-democratic. Vice Mayor Moore stated that the Charter has provisions in it and it was voted on by the citizens of the community. She finds it hard to call that un- democratic. 

Roll call vote on Emergency Clause for Ordinance No. 10- 03: No - Moore, Hartfield, McGowan, Main. Yes - Crais, Robertson, Bellman (3-4). Emergency Clause for Ordinance No. 10-03 failed.

Roll call vote on Ordinance No. 10-03: No - Moore, Hartfield, McGowan, Main. Yes – Crais, Robertson, Bellman. (3-4). Ordinance No. 10-03 failed. Councilmember Crais left at 8:55pm.

Ordinance No. 08-03, An Ordinance To Amend Ordinance No. 25-02 Providing For Adjustments Of The Annual Budget For The Fiscal Year 2003 And Revising Sums For Operating Expenses was reintroduced by Councilmember Bellman. Second by Councilmember Robertson.

Discussion: Councilmember Robertson stated that the committee is very clear and this ordinance is not to duplicate what was done before by citizens. Instead, she said that the consultants are connected to folks that are in positions to write grant proposals and to envision, with all sorts of documentation, what can be done at Bryn Du. Vice Mayor Moore agreed. She said that the prior committee had very little time to come up with a good plan, and the new committee is building on what the previous committee did.

 Roll call vote on Ordinance No. 08-03: McGowan, Robertson, Bellman, Moore, Hartfield. (5-0). Ordinance No. 08-03 was adopted. Councilmember Main wished to abstain his vote. 

 Ordinance No. 09-03, An Ordinance To Amend Ordinance No. 25-02 Providing For Adjustments Of The Annual Budget For The Fiscal Year 2003 And Revising Sums For Operating Expenses was reintroduced by Councilmember Bellman. Second by Councilmember Main.

Discussion: Vice Mayor Moore inquired on the timing and further explanation. Manager Hickman stated that this allows the fire department to connect to two hydrants in the back of Petunia Park. It would also increase fire protection. 

 Roll call vote on Ordinance No. 09-03: Bellman, Moore, Main, Robertson, McGowan. (5-0). Ordinance No. 09- 03 was adopted. Councilmember Hartfield asked to be recused. 

NEW BUSINESS (9:12pm) 2004 County Tax Budget - Council acknowledged receipt of the 2004 County Tax Budget.

 Resolution No. 03-29, A Resolution To Award The Bid For A Bryn Du Mansion Property Analysis To Schooley Caldwell Associates, And To Authorize The Village Manager To Enter Into An Agreement Thereof was introduced by Councilmember Bellman. Second by Councilmember Robertson. 

Discussion: None.

 Motion carried. Resolution No. 03-29 is adopted.

 Resolution No. 03-30, A Resolution To Award The Bid For New Burg Street Paving And Fire/Water Main Extension And Paving, Per Specifications To Law General Contracting, And To Authorize The Village Manager To Enter Into An Agreement Thereof was introduced by Councilmember Bellman. Second by Councilmember Robertson.

Discussion: Councilmember Hartfield asked to be recused.

 Motion carried. Resolution No. 03-30 is adopted. 

REVIEW OF MINUTES (9:15 pm) Regularly Scheduled Meeting of May 21, 2003. Councilmember Main moved to accept the minutes as corrected; seconded by Councilmember Robertson. Motion carried, 6-0. 

COMMITTEE REPORTS Economic Development Committee (Crais, Moore, Robertson) No Report. 

Finance Liaison (Moore) No Report. 

Granville Foundation (Main) No Report.

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) Councilmember Robertson stated that Tom Mitchell, Manager Hickman and herself met and discussed affordable senior housing. The idea arose if the village and/or township could offer some land. She stated that a more concrete proposal is to come in the future. Street Light Committee (McGowan) No Report.

Streets/Sidewalks/Utilities Committee (Bellman, Hartfield, McGowan) Canceled due to one member being unable to attend. This committee will meet on Wednesday, June 25, 2003 at 5:00 pm. 

Spring Valley Committee No Report

Tree & Landscape Committee (Moore) No Report

Union Cemetery Board (Main) Councilmember Main stated that he spoke with Flo Hoffman and 20 stones have been worked on, while 3 more are in progress. He also said that much more work will be possible due to the help of summer interns. 

OTHER COUNCIL MATTERS Councilmember Main stated that due to a Monday evening conflict taking place the remainder of the year, he will be unable to serve on the Planning Commission after next weeks meeting. He asked council if anyone was interested in serving in his place. He went on to say that he would be willing to fulfill someone else’s commitment on another committee. Manager Hickman asked if Vice Mayor Moore would be willing to work with him in regards to the water extension (Ordinance 09-03). He stated that he wanted to make sure council is satisfied that it is the right thing to do. Mayor McGowan spoke in regards to a 73-page deposition he gave for the1998 Spingola trial. Councilmember Hartfield wished to thank Manager Hickman for the signage for the farmers market. She stated that they looked very good. She also wanted to invite council to a picnic on June 19 sponsored by the Granville Chamber of Commerce. Councilmember Robertson stated she would not be present for the next meeting, as well as the meeting on July 2nd. 

EXECUTIVE SESSION Pursuant to ORC 121.22(G)(1) – To consider the dismissal and or discipline of a public employee, and the investigation of complaints against a public employee.

 Councilmember Main made a motion to enter into executive session at 9:29 pm. Second by Councilmember Hartfield.

Roll call: Hartfield, Moore, Bellman, Main, McGowan, Robertson. (6-0)

Time in: 9:29pm

 Councilmember Hartfield made a motion to return to regular session. Councilmember Bellman second.

Roll call: McGowan, Bellman, Main, Hartfield, Robertson, Moore.

Time out: 10:06pm

ADJOURNMENT At 10:07pm, Councilmember Hartfield moved to adjourn the meeting. Second by Councilmember Bellman. Motion carried, 6-0. Meeting adjourned. 

 Submitted by: Melanie Schott 

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