VILLAGE OF GRANVILLE COUNCIL MINUTES December 1, 2004
CALL TO ORDER (by Mayor Robertson at 7:31 pm)
PLEDGE OF ALLEGIANCE
ROLL CALL Those responding to the roll call were Councilmembers Hartfield, Herman, Main, OKeefe, Vice Mayor Lucier and Mayor Robertson. Assistant Law Director Gorry and Manager Hickman.
Councilmember Hartfield moved to excuse Councilmember Barsky. Second by Vice Mayor Lucier.
APPROVAL OF AGENDA (7:32 pm) Councilmember Herman moved to accept the agenda. Second by Councilmember OKeefe.
CITIZENS COMMENTS (7:33 pm) Dan Bellman, 321 North Pearl Street, stated that he wished to make sure that the facts and record are set straight in regards to Kendal and the cost overrun for a sewer connection. Mr. Bellman stated that regardless of what part Council intends to take on this matter, he wishes for them to have all of the information in front of them. Mr. Bellman distributed minutes from a July 10, 2003 Council meeting which discuss four options for the sewer construction costs between Kendal and the Village of Granville. Mr. Bellman read aloud the following handout, which was also distributed to Council:
When the sewer line construction costs were discussed in the Village Council meeting of July 10, 2003, four options for sewer line construction costs were discussed. The estimated prices for the sewer line ranged from $618,405 to $898,095.
Today, Kendal states that its actual sewer construction costs are about $1 million.
1. $400,000 of Sewer Line Construction Costs: Kendal agrees that it should pay at least $400,000 of the sewer line costs based on original construction estimates. 2. $225,000 of Sewer Line Construction Costs: Under Kendals sewer contract, the Village agreed to reimburse Kendal up to $225,000 of Kendals costs via a sewer line surcharge fee. 3. $375,000 of Sewer Line Construction Costs: Regarding the remaining $375,000 in sewer construction costs: " Kendal bears the risk of any construction costs over $625,000 under its sewer contract with the Village. " Before the Village Council can review this issue, Kendal first must provide an accounting of its construction costs to the Village Manager, as required by its sewer contract.
Mr. Bellman asked if Manager Hickman has received any information in regards to costs. Manager Hickman stated no. Mr. Bellman stated that it is up to Council if they choose to look at this issue, and that the contract requires Kendal to provide costs to Manager Hickman.
Mayor Robertson stated that she has emailed Council that she will be meeting with the Township Trustees and School District representatives on Monday in regards to this issue.
Doug Wagner, 300 Pinehurst Drive, stated that he is a member of Centenary United Methodist Church, but he is not there this evening representing them. He stated that he is speaking as a citizen of Granville. Mr. Wagner stated that it appears to him that the whole issue with Brews Café and the liquor licenses has seemed to have lost perspective. Mr. Wagner stated that the church has asked Council to take a position at the upcoming liquor hearing. He stated that the Village really needs to look at whether or not they want bars one, two, and three in the downtown area. He stated that he would like to see Council take a position at this meeting, and not remain neutral. Mr. Wagner stated that it has not been announced as to what will go in the old Brews location when they move to 116 East Broadway. He asked Council What do we as a Village want to do? Mr. Wagner stated that it is his belief that there would be a lack in judgment by Council if they chose not to take a position at the liquor hearing. He later stated that it seems this is a one shot deal.
Mayor Robertson stated that Councils original decision to ask for a hearing was made before Council discussed anything in regards to what they might speak about at the hearing. She stated that the request to ask for a hearing had to be made to give Council standing to say something, if anything. Mayor Robertson stated that Council will discuss and decide tonight what position they will take at the liquor hearing. It was stated that two hearings would be on December 10th.
Mayor Robertson closed citizens comments at 7:46 pm.
PUBLIC HEARING 2005 Proposed Granville Village Budget
Dan Bellman stated that he hopes to see resolution to the bike path being connected to Fern Hill. Manager Hickman stated that this is close to happening.
NEW BUSINESS (7:47 pm) Resolution No. 04-66, To Award The Bid For The Purchase Of Water Treatment Chemicals was introduced by Councilmember OKeefe. Second by Councilmember Main.
Motion Carried. Resolution No. 04-66 is adopted.
Resolution No. 04-67, A Resolution Authorizing The Village Manager To Enter Into Lease Negotiations With Brews & Blues Holdings, LLC And Village Brewing Company, LTD For The Property Located At 116 East Broadway Street, Granville, Ohio was introduced by Councilmember Herman. Second by Councilmember Main.
Motion Carried. Resolution No. 04-67 is adopted.
Resolution No. 04-68, A Resolution Of Support To Honor The Two Existing Points Of Access Off Of Newark- Granville Road To The Park National Bank Trust Parcel was introduced by Vice Mayor Lucier. Second by Councilmember OKeefe.
Discussion: Council stated that this Resolution relates to Dan Bellmans comments during the public hearing for the budget, and it is in regards to connecting the bike path to Fern Hill. Councilmember Herman asked if the Resolution speaks to the access point configurations, such as making them larger or smaller. Manager Hickman indicated that the access points are part of a PUD. Vice Mayor Lucier stated that this Resolution honors the fact that there are two existing access points already on the property.
Motion Carried. Resolution No. 04-68 is adopted.
Ordinance No. 30-04, An Ordinance To Make Appropriations For Current Expenses And Other Expenditures Of The Village Of Granville, State Of Ohio, During The Fiscal Year Ending December 31, 2005 was introduced by Councilmember Herman. Second by Vice Mayor Lucier.
Mayor Robertson set the public hearing on Ordinance No. 30-04 for December 15, 2004.
Ordinance No. 31-04, An Ordinance Providing For The Issuance Of $1,354,250 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 Acquiring The Mansion Building Property Located At 537 Jones Road For Village Purposes, And Declaring An Emergency was introduced by Councilmember OKeefe. Second by Councilmember Hartfield.
Discussion: Molly Roberts was present to answer any questions posed by Council. Ms. Roberts stated that this is a third renewal. She stated that $145,000 in principle has been paid. Ms. Roberts stated that this is a one year issuance until the Village can have a permanent debt structure in place, which she hopes to be next year. Ms. Roberts stated that the one year 2.34% interest rate was through Fifth Third Bank.
Councilmember Main moved to declare Ordinance No. 31-04 as an Emergency. Second by Councilmember OKeefe.
Roll call vote on Emergency: Herman, Main, OKeefe, Lucier, Robertson, Hartfield. (6-0)
Roll call vote on Ordinance: Main, OKeefe, Lucier, Robertson, Hartfield, Herman. (6-0) Ordinance No. 31-04 is adopted.
OLD BUSINESS Appeal Hearing Decision (447 W. College Street)
Councilmember Main stated that he wished to recluse himself from the hearing and decision.
Manager Hickman stated that he previously spoke with Law Director Crites who indicated that he would like to see a decision made by Council, and not a Remand. Manager Hickman stated that Law Director Crites stated that he would deal with the issue at the level of Common Pleas Court if Council overturns the BZBA recommendation.
Councilmember Herman asked for Assistant Law Director Gorry to give an overview. Mr. Gorry stated that Council (in this matter) is acting as a legislative body. He stated that the BZBA was bound by Ordinances when making their decision. Mr. Gorry stated that Council could Affirm the BZBA decision or Reverse, Revoke, or Remand the decision for further consideration by the BZBA.
Councilmember OKeefe asked if the variance is asking for 50% of the setback? Mr. Gorry stated that the variance would not be for all of the setback, just a specific part. Councilmember OKeefe asked if the existing deck lies on the setback, and is there any bearing on this? Mr. Gorry stated that there is no bearing on the issue before Council in regards to this matter.
Councilmember Herman stated that he had some difficulty with the logic by the BZBA for determining that Criterion (a) was not applicable. Criterion (a) stated That special circumstances or conditions exist which are peculiar to the land or structure(s) involved and which are not applicable to other lands or structures in the same zoning districts.
Councilmember Herman stated that Council received testimony during the hearing that seemed to be at odds with Criterion (d). The testimony Councilmember Herman is referring to is from Pat Davis. Criterion (d) states That the grant of the variance will not confer on the applicant any undue privilege that is denied by this Ordinance to other lands or structures in the same zoning district.
Councilmember Hartfield stated that if Council is going to hang a hat on this (pertaining to testimony by the Daviss for not receiving a variance) they should be sure what is on file with the Village offices. She asked if this application request has ever been researched. Village Planner, Chris Strayer, stated that he would pull the file.
Mr. Gorry stated that it has been acknowledged that there is some confusion on the finding of fact for Criterion (a). Mr. Gorry stated that legally speaking, there are peculiar circumstances that exist in regards to the land. Mr. Gorry stated that Mr. Strayer has indicated that the BZBA may not have addressed this, and it is a problem and an issue. Mr. Gorry stated that as far as Criterion (d) and the Daviss testimony; legally speaking he sees a difference.
Council inquired about the Village regulations for the setback. Mr. Gorry stated that the zoning code follows 40 foot setbacks, even on a diagonal.
Vice Mayor Lucier stated that if someone were to build a rectangular house on a slanted lot, it wouldnt work without a setback. Mr. Gorry agreed.
Mr. Strayer returned with the Daviss file. The Daviss had submitted an application in 1999 to build a garage in the exact same footprint as an existing garage at the same location. Mr. Strayer stated that the application was approved. Council asked if the Daviss were denied the chance to make their garage larger. Mr. Strayer stated that there was no application on file to make the garage larger.
Mayor Robertson stated that she wondered about item (3) on the non-exclusive seven point test used to determine whether a property owner seeking an area variance has encountered practical difficulties in the use of his property. Item (3) states: Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer a substantial detriment as a result of the variance.
Vice Mayor Lucier stated that it is only the variance that Council can consider.
Mayor Robertson stated that if the variance isnt granted, then the structure cannot be as big.
It was stated that the applicant has stated on record that he plans to build the addition with or without the variance.
Vice Mayor Lucier made a motion to reverse the BZBAs approval for the variance. Second by Councilmember OKeefe.
Mayor Robertson stated that the motion is open for discussion.
Councilmember Hartfield stated that she is concerned with some of the holes in the process and she hopes that were not looking for a long way around. She stated that this would be similar to the Milner Road situation.
Vice Mayor Lucier stated that her motion is not due to concern for the size of the structure.
It was stated that a majority of the vote was needed to overturn the BZBA decision.
A roll call vote was taken on Vice Mayor Luciers motion to overturn the BZBAs approval for a variance:
Roll call: OKeefe (yes), Robertson (yes), Herman (yes), Hartfield (no), Lucier (yes). (4, 1)
The BZBA decision to approve the variance is Reversed.
Budget Presentation Manager Hickman, Molly Roberts, Chris Strayer, and Terry Hopkins were all present to answer any questions in regards to the budget.
The following items were reviewed and discussed:
Manager Hickman discussed street lighting.
It was stated that line items in the budget would appropriate the following: $6,000 to Granville Fellowship $8,000 to Granville Rec Commission $8,000 to the Trustees to reimburse for mowing costs $10,000 to Granville Arts Commission
Councilmember Herman asked what has been expended so far for the Granville Arts Commission. It was stated that a minimum request of $1000 was submitted.
It was stated that the Bicentennial Commission requested $23,000 in 2004, and $15,000 in 2003.
A proposed street project for 2005 at Mt. Parnassus and East Broadway was discussed. Work would be done for traffic calming and the tree line would become wider.
Mr. Hopkins indicated that they would like to purchase a new street sweeper. He stated that the old one if fifteen years old, and picks up ½ the amount as the newer ones. When asked, Mr. Hopkins stated that a new sweeper would cost approximately $155,000.
The Newark Granville Road Pathway was discussed. Council asked for Richard Salvages daughter to be invited to a ribbon cutting ceremony when this is finished.
Bryn Du Mansion Keith Myers stated that the committee is requesting funds for the first floor of the Mansion. He stated that ADA access, restrooms, and a catering kitchen would be installed with the $250,000 appropriation. He stated that the appropriation would entail a note. Mr. Myers stated that if there are to be uses of the facility, these things must be done. Mayor Robertson asked if the idea was to have users of the facility pay rent and those funds would be used to pay back the note used for construction. Mr. Myers stated yes.
River Road Annexation Line A175 is an appropriation of $30,000 for a Master Plan Review for River Road. Mr. Strayer stated that if the possible 100 acres is annexed on River Road, what do we want to see there, what kind of development? He stated that a Master Plan would help determine some of this, as well as how much water and sewer extension costs would be. Mr. Strayer stated that they are looking at a May timeframe. Councilmember Herman asked about engineering costs. Manager Hickman stated that he would have other monies to draw from for this purpose. Councilmember Herman stated that this initiation for annexation came from property owners, and that there are some property owners that are not interested.
Roundabouts Mr. Strayer stated that the idea of Roundabouts came from the Walkability Study. He stated that a $30,000 appropriation (consulting services) is in the budget to address if roundabouts could be used as a feasible alternative to signalizing intersections and are they something the Village would want. Mr. Strayer stated that he got a good feeling from the ODOT central office that roundabouts would be considered as a possibility. Some recommended areas in the Walkability Study included the Granville Market entrance, New Burg and North Pearl Street, and Newark Granville Road and Cherry Valley Road.
Website Mr. Strayer stated that a web designer has been hired and a new website was created that allows staff to do more of the maintenance and updates. Mr. Strayer also stated that in light of the bicentennial, a new website was needed. Councilmember Herman asked if email access was available on the site, and he indicated that he would like his made available. Manager Hickman stated that the website would be up and running by December 15th, and he would check with members of Council to see if they would like their email addresses made available.
OTHER COUNCIL MATTERS
Mayor Robertson stated that at the intra-community meeting of Mayor Bain of Newark, and Mayor Dupps of Heath, Council and staff members, there was a handout in regards to making all three communities smoke free. Mayor Robertson stated that Gib Reese was there with representatives from the Lung Association. She stated that each Mayor agreed to take the smoke free issue to each of their Councils for further discussion, and possibly have similar Ordinances drawn up. Mayor Robertson stated that if one particular community decides to not go smoke free, the agreement was that the other two communities would also not be smoke free. She stated that the idea would be to move along at the same pace as Newark and Heath, and that perhaps our law director could meet with the other two law directors. Mayor Robertson asked Council if they are friendly to the idea of participating. Councilmember Herman stated that if Council does choose to pursue this, there needs to be a substantial amount of community input, and Council will need to ensure that its not a slam dunk either way. Councilmember Main stated that he likes the idea of having the three law directors meet, and he would support having an Ordinance referred to the appropriate committee for review. Council was unsure of what committee that would be. Councilmember OKeefe indicated that she was at the same meeting, and that the other municipalities were planning on sending an Ordinance to their appropriate committee.
Liquor Control Board Hearing Mayor Robertson asked Council what their thoughts were, and how they would like to participate in the hearing.
Councilmember OKeefe stated that she would like to see Council participate in the hearing for Newkirk Design Studio. Council discussed what type of license this is, and it was determined to be a carryout license. Mr. McFarland, counsel for Brews Café, stated that although Mr. Newkirk is a 1/3 owner in Brews Café, Brews Café and Newkirk Design Studio are not the same entity. Mr. McFarland stated that he was unsure what the Newkirks were using the license for, but he believed it would be used for pre-packaged wine gifts. Mayor Robertson stated that a liquor license can be held without using it.
Councilmember Herman suggested that Council should address the two hearings before them for December 10th, and decide if they want to have a hearing for the Newkirk license at a later time. Manager Hickman stated that the request for a hearing for Newkirk Design Studio would have to be made by December 3rd. Council agreed to address this later in the meeting.
Councilmember OKeefe stated that she wanted to make sure she was clear that the D5 permit is for the Brews that now exists. Mr. Martin stated yes. He indicated that he wishes to not publicly disclose what his plans are for this location, but it will not be a college bar.
Councilmember Main stated that he has a problem with every place that serves alcohol being called a bar. He stated that he thinks of Brews Café as a restaurant, and that Council does not need to look at this as a proliferation of bars up and down the street. Councilmember Main stated that he doesnt think life will change if Brews moves to their new location and it is his opinion that Council doesnt need to support them or oppose them. He suggested playing a neutral role at the hearing.
Councilmember Main moved to have Council take a neutral position at the Liquor Control Board hearing in regards to the transfer of a liquor license to 116 East Broadway. Second by Councilmember Herman.
Councilmember Herman stated that it was his belief that Council would need to find a matter of law that disputes the transfer of the liquor license. He stated that he has not seen anything to this fact.
Councilmember Hartfield stated that she has looked over the law as well. She remarked about the D5 permit. Mayor Robertson indicated that the only discussion that can take place at this time (due to the motion by Councilmember Main) has to be related to the transfer of the permit.
Council voted to have Council take a neutral position at the Liquor Control Board hearing in regards to the transfer of a liquor license to 116 East Broadway. (6 Yeas, 0 Nays).
Mayor Robertson asked Councilmember Hartfield to continue her previous remarks. Councilmember Hartfield stated that she understands Mr. Martin not wanting to divulge his plans for the old Brews Café location. She asked how Council makes a determination without knowing what is going to be in there?
Mr. Martin stated that he has heard Council discuss that there is a saturation of permits. He asked how many is too many, and what is Councils idea of the appropriate number? He stated that if the population reaches 6001, there will be six new permits issued by the State Liquor Board.
Mr. Gorry stated that the Village does not have the ability to say no to the number of permits allotted by the State.
Doug Wagner stated that this seems to be counter intuitive. He asked how certain liquor issues get on the ballot, such as the Buxton Inn. It was stated that each precinct is given the option to be dry or wet.
Councilmember Herman stated that Mr. Wagner is right, it is counter intuitive. He stated that he doesnt like it, but he didnt make the law the legislature did.
Mayor Robertson stated that she does not view Brews Café as a college bar.
Mr. Martin affirmed that 66% of Brews Cafés sales come from the sale of food.
Councilmember OKeefe asked if the applicant has to tell the Liquor Control Board what they plan to use the premises for? Mr. Gorry was not clear what the applicant would have to disclose.
Councilmember Hartfield stated that there was a gentleman representing Centenary United Methodist Church who indicated that if a municipality participated in the hearing this would carry more weight on the Liquor Control Boards decision.
Mayor Robertson posed that question to Council of What way would we not be neutral on the D5 permit?
Councilmember Main stated that the bottom line is that there is going to be a D5 permit issued by the State to somebody in the Village of Granville.
Mayor Robertson stated that it is her understanding that Brews Café would have to have a terrible track record in order for Council to protest them being given the permit. She stated that they dont have a terrible track record.
Councilmember Herman stated that he agrees with Councilmember Main and Mayor Robertson.
Councilmember OKeefe asked if Council could be in the position to say that Brews Café has one liquor license, and we dont think they should be given two more. Mr. Gorry stated that the liquor board would ask why two more in the area would cause adverse effects. Councilmember OKeefe asked if there was a legal basis to challenge based on concerns with the alcohol problem in the schools. She stated that representatives from the community have stated this as a concern. Mr. Gorry stated that he doesnt feel this is a legal basis to challenge on. Mayor Robertson stated that Councilmember OKeefes concerns could carry weight if it were proven that Brews Café was the reason underage students were abusing alcohol. She went on to say that this is not the case, and Brews Café has not been charged with this.
Mr. Wagner inquired about a statement made earlier by Mr. Martin. He asked if it were true that if the population reaches 6001 in Granville, would there be six more liquor permits issued? He stated that he hears the logic of this Council being that they can do nothing about six new bars opening up in the downtown. Councilmember Main stated that Council still controls the planning and zoning. Councilmember Hartfield stated that she doesnt believe Council can do nothing about this.
Vice Mayor Lucier made a motion to have Council remain neutral at the Liquor Control Board hearing for a D5 permit requested by Brews Café. Second by Councilmember Main.
Council voted to have Council take a neutral position at the hearing for a D5 permit for Brews Café. (6 Yeas, 0 Nays).
Council discussed the liquor license request for Newkirk Design Studio.
Councilmember Main stated that more information is needed from the Newkirks, and he made a motion to have Council request a hearing. Second by Councilmember OKeefe.
Council voted to request a hearing for the liquor permit requested for Newkirk Design Studio. (6 Yeas, 0 Nays).
Mr. Martin stated that he has been an owner of Brews Café since 1996. He stated that the D5 request actually was made in 1999. Mr. Martin asked why the Broadway Deli hasnt been mentioned in their attempts to request a liquor permit. Vice Mayor Lucier stated that no one from the community has come before Council in regards to Broadway Deli. Mayor Robertson went on to say that there were many people from the church who came to Council. She stated that Council had to put their request for a hearing in by a particular date if they wanted to have any standing at the hearing, and Council has decided this evening not to use that standing.
Council inquired about the Nihisers appreciation Resolution. Manager Hickman indicated that he would invite the Nihisers to a Council meeting.
Councilmember Herman noted the report of Second-Floor Porches and Balconies in Granville done by Dennis Cauchon. He asked that Mr. Cauchon be thanked for his work. He stated that Mr. Cauchon is also a national reporter for USA Today.
REVIEW OF MINUTES Regularly Scheduled Meeting of November 17, 2004 Councilmember Main moved to accept the minutes as amended. Second by Vice Mayor Lucier.
COMMITTEE REPORTS Economic, Finance, Personnel Committee Councilmember Herman stated that they are discussing a Master Plan Process with two property owners and a consultant for possible annexation of River Road.
Light, Safety, Sts/Sidewalks & Utility Committee The committee met on November 19th. The committee is looking into additional street lighting on East College Street. Councilmember OKeefe stated that she has heard from some that it is dark before Broadway and College intersect. Manager Hickman stated that he is aware of this, but it could be some time before this is looked at. Councilmember Hartfield stated that the committee reviewed the Thoroughfare Plan. She stated that Doyle Clear has indicated that a policy and guidelines need to be determined before traffic calming devices are installed. The next meeting is scheduled for December 17th. Council asked for Manager Hickman to see if this meeting is necessary. Manager Hickman stated that he would get copies of the Thoroughfare Plan update, Access Management Plan, and Dublins traffic calming policy to members of the LSSU committee.
Planning Commission Council discussed an informational sign presented by Barb Hammond during the Planning Commission meeting. Manager Hickman stated that he doesnt not have the money to fund this at this time. It was stated that the kiosk was never agreed to be paid by Council.
Planning & Zoning Committee It was stated that the committee looked at the Thoroughfare Plan and that Councilmember Barsky was going to take the findings to the Trustees. Mayor Robertson asked where the minutes from the meeting were. It was stated that they may still be in the computer. Recreation Commission No Report.
Senior Committee No Report.
Union Cemetery No Report.
ADJOURNMENT At 10:25 pm, Councilmember Hartfield moved to adjourn the meeting. Second by Councilmember Herman. Motion carried, 6-0. Meeting adjourned.
Submitted by Melanie Schott