VILLAGE OF GRANVILLE
February 18, 2004
CALL TO ORDER (by Mayor Robertson at 7:31 pm)
PLEDGE OF ALLEGIANCE
Those responding to the roll call were
Councilmembers Hartfield, Herman, Main, O’Keefe, Vice
Mayor Crais, and Mayor Robertson; and Manager Hickman; Law
Vice Mayor Crais made a motion to excuse Councilmember
Barsky. Second by Councilmember Herman. Motion carried.
APPROVAL OF AGENDA (7:31 pm)
Vice Mayor Crais moved to approve the agenda as
presented, seconded by Councilmember Main. Motion carried.
CITIZENS’ COMMENTS (7:32 pm)
All topics – Nick Cavaleris, 37 West Broad Street,
Mr. Cavaleris stated he was attending on behalf of his
client and property owner of the southwest corner of
Cherry Valley Road and State Route 16. He stated that
there is concern as to whether or not this Ordinance No.
02-04 is intended to affect the rights of the property
owner. He went on to say that the new Ordinance would
remove specifically permitted uses from the old Ordinance
and that his client wanted these concerns noted on
record. Mr. Cavaleris asked if this new Ordinance would
exclude property owners who purchased property under the
old PCD provisions. Mayor Robertson stated that she would
defer these concerns to Law Director Crites. Law Director
Crites stated that if Council approves the Ordinance
tonight it would apply to all PCD’s. He stated that if
there is a PCD for which development has not been
approved, it would apply. If there is a PCD for which
development has been previously approved, then the new
Ordinance would not apply.
Dan Bellman, 320 North Pearl Street, stated that he was in
support of Ordinance 02-04. He stated that the village
residents of Granville have voiced that they do not want
over development in Granville and no Columbus type
traffic. Mr. Bellman stated that the Cherry Valley
intersection in already in trouble as far as traffic is
concerned. Moreover, he stated that this Ordinance shows
responsible action by Council and he would appreciate
their quick response. Mr. Bellman stated that the Super
America issue has put Council in the situation they now
find themselves in.
Mayor Robertson closed citizens’ comments at 7:39 pm.
NEW BUSINESS (7:40 pm)
Ordinance No. 02-04, To Amend Section s 1171.02,
1171.03, 1171.04 Of The Codified Ordinances Of The Village
Of Granville, Ohio To Modernize And Revise The Planned
Commercial District Zoning Provisions Of The Village Of
Granville, To Prohibit Fast-Food Restaurants In A PCD, And
To Ensure That Approval Of A PCD Development Plan By
Village Council Is Subject To Referendum, And To Declare
An Emergency was introduced by Vice Mayor Crais. Second
by Councilmember Herman.
Discussion: Vice Mayor Crais stated that he would
introduce the Ordinance in Councilmember Barsky’s
absence. He stated that she would normally have
introduced it, because she chairs the committee that
worked on the Ordinance.
Councilmember Main asked if there is no public hearing on
this Ordinance because of the emergency clause. Vice
Mayor Crais stated that this Ordinance appeared on the
last meeting’s agenda, and this is actually its second
Councilmember Herman stated he would like to add some
amended language to Ordinance No. 02-04. He added that
Councilmember Barsky stated she is in favor for these
changes, and that Law Director Crites did not see them as
problematic. Councilmember Herman added that he
previously spent ten years on the Board of Zoning and
Appeals and felt that these amendments might help clarify
Law Director Crites asked if these amendments would
resuscitate renumbering, and Councilmember Herman stated
Councilmember Herman made a motion to discuss the proposed
amendments, seconded by Councilmember O’Keefe.
Proposed amendments by Councilmember Herman:
(2) Traffic Plan. A traffic and parking
system plan shall be shown that details points of ingress
and egress into the property, public and private drives,
parking areas and
pedestrian walkway sidewalk
areas. The plan shall be so designed to minimize conflict
points between pedestrian and vehicular movement, while
maintaining ample and safe walkways and pathways.
(3) The Planning Commission shall not recommend
nor shall Council approve a
development plan unless they find that: (I’m
suggesting this as a stand-alone rather than part of the
paragraph listed above)
A. Such planned development provides
adequate ingress and egress and does not adversely impact
traffic patterns nor unreasonably increase traffic usage
of municipal streets to the detriment of the safety and
welfare of the public. (this is existing language. Below
is my suggestion).
B. Such planned development provides adequate
ingress and egress.
C. The planned development does not adversely
impact traffic patterns, cause
traffic delays, or nor unreasonably increase
traffic usage of municipal
streets or existing facilities to the detriment
of the safety and welfare of the public.
Vice Mayor Crais asked what is meant with the
term “welfare.” Law Director Crites added that this is a
very broad term. Council discussed if other words would
be more appropriate. Law Director Crites stated that he
would prefer the use of “welfare” because it is used in
the statutes as well as the constitution, and its meaning
in this context refers to the best well being of the
Councilmember Main asked whose decision it would be on
whether or not traffic usage would cause detriment to
safety and welfare. Councilmember Herman stated that the
Ordinance states that the “Planning Commission shall not
recommend nor Council approve” and he sees it as though it
would be up to Council. Law Director Crites added that
any decision made by Council needs to be based on the
evidence that is before them and their recommendation
would need to come from factual evidence. He stated that
the factual evidence (which could come in the form of a
traffic study) would indicate whether the threshold is met
Council voted on the following amendments offered by
Councilmember Herman. (6 yeas, 0 nays)
Mayor Robertson stated that there is a memo in Council’s
packets from Councilmember Barsky with her comments for
Ordinance No. 02-04. Vice Mayor Crais moved to discuss
the comments offered by Councilmember Barsky.
Law Director Crites offered the following friendly
amendment for Ordinance No. 02-04:
On Page 3 part (5) third line stroke (b)(4) and insert (c)
Vice Mayor Crais asked how much the village spent on road
improvements to Cherry Valley Road. Manager Hickman
stated that it was just over $417,000 and that this
included the widening, paving, and turn lane on Cherry
Councilmember O’Keefe asked if we have a definition of a
fast food restaurant, and do we need one. Mayor Robertson
stated that there is a definition for a full service
restaurant that goes on about four pages. She stated that
it is a clearly defined entity. She went on to say that
in this situation, a definition would not be needed.
Vice Mayor Crais stated that he agreed with Dan Bellman
and this revision was precipitated by other events
unfolding. However, it also offered an opportunity for
Council to revisit some of the issues raised in the1998
strategic update of the Comprehensive Plan (as well as the
draft document yet to be approved by Council and
Trustees). He stated that this would bring the code in
line with the 1998 strategic update. Vice Mayor Crais
added that the current revision before Council contains no
language that would alter the 1998 revision, and infact
would strengthen its position.
Mayor Robertson stated that the impetus right now is the
court decision to shift the Ordinance from legislative to
being administrative. She stated that this would allow it
to be legislative again and she believes this was past
Vice Mayor Crais inquired on the property taxes for
Wendy’s. Councilmember O’Keefe stated $17,000.
Councilmember Main added that there are also doctor
offices, a mower shop, and vets…etc. in this area that pay
Councilmember Hartfield stated that Cherry Valley road
improvements were also done for our residents, so they
could have better access to the highway roads. She stated
that Wendy’s in not open in the morning, and all of the
generated traffic doesn’t necessarily come from there.
She stated that with more growth there comes increased
traffic on State Route 16.
Vice Mayor Crais added that a traffic plan for the Cherry
Valley Road area is being developed.
Councilmember Main stated that the existing code is anti-
business and there is very little incentive to do any
business in Granville. He stated that there is a portion
of our community that wants business, and some people also
want no development and that is what will happen from this
Ordinance. Councilmember Main added that this new
Ordinance will allow for nothing more than a boutique.
Mayor Robertson asked Councilmember Main what PCD’s he
sees as a possibility.
Councilmember Main stated that if you take this extremely
expensive property and go through the needed steps to go
to the Planning Commission, etc. it doesn’t work for say a
shoe store – coffee shop – or small business - because of
costs. Councilmember Main added that if a business had
employees and customers, there are no incentives for this
type of business.
Councilmember Main was unclear as to how many undeveloped
PCD’s the village had. Law Director Crites stated that
there are at least ten small PCD plots for which no
development plans have been applied for. He added that
the Cherry Valley PCD is the only one with planned
Council stated that Bob Evans restaurant is there by 14
votes? Mayor Robertson stated she believed it was 7 votes.
Mayor Robertson stated that if a business contests the
Ordinance, they will also incur costs if they have to go
through the court system.
Councilmember Herman asked Councilmember Main if there are
any other uses that should be approved.
Councilmember Main stated that this is his opinion and his
vision is to not have development like downtown Granville –
like a shop or boutique, but rather types of businesses
that draw from the traffic corridor. He stated that this
might include some fast food restaurants – other
restaurants – or whatever would work. Councilmember Main
added that he envisions these types of businesses for this
Cherry Valley area, but not necessarily across the street
in the center portion of Granville.
Mayor Robertson asked Councilmember Main how a fast food
restaurant would benefit our community as opposed to a
full service restaurant.
Councilmember Main stated that the Cherry Valley area
should be looked at differently than the downtown area.
Mayor Robertson stated that there are several areas in the
downtown where you can get food reasonably quickly. She
asked what might happen to downtown eating establishments
if a fast food restaurant were to be built.
Councilmember Main stated that the Aladdin didn’t go out
of business when Wendy’s was built. He added that he
believes traffic generated would come from highway 16. He
added that area residents might go to a full service
restaurant as well as a fast food restaurant instead of
going to eat in the downtown area. Councilmember Main
added that this is an anti-business statement and it will
be viewed as one by our business community.
Vice Mayor Crais recommended a public hearing for the next
Council meeting and made a motion to withdraw the
emergency clause. Second by Councilmember Main.
Councilmember Main also stated that with any important
legislation like this, it certainly warrants a public
hearing. Councilmember Herman stated that he would not be
in support of withdrawing the emergency clause.
Councilmember Hartfield stated that she felt it would be
fine to have a public hearing.
Councilmember O’Keefe asked what the impact would be if
the emergency clause is withdrawn. Mayor Robertson stated
that it would delay the vote until the next meeting.
Councilmember Herman stated that this is not the only
effect, and he stated that it was his belief that if an
improved plan development came before Council before the
next meeting then the old statute would control. He
inquired on what would happen to PCD applications filed
before Council meets again.
Law Director Crites stated that any existing or new PCD
applications filed before this Ordinance is passed would
be considered under the old Ordinance.
Mayor Robertson stated that the new Ordinance would take
effect at the time of voting. She added that it was
previous Council’s belief, under the old provision, that
referendum was permitted. This was until the Courts said
otherwise. She stated that this new proposal doesn’t do
anything very different.
Councilmember Main stated that gas stations and drug
stores would be eliminated under the new Ordinance.
Manager Hickman stated that if Council waits to vote on
Ordinance No. 02-04 until their next meeting, without the
emergency clause the Ordinance will take effect in thirty
days. Law Director Crites stated that it is Council’s
choice to pass as an emergency after having a second
hearing, or pass with a simple majority and the Ordinance
would be made effective in thirty days.
Councilmember Crais stated that in that case, he withdraws
his motion for a public hearing.
Councilmember O’Keefe asked how many votes are needed to
pass the emergency clause. Law Director Crites stated
five votes are needed.
Councilmember Hartfield asked if the village is putting
themselves at risk for lawsuits and is there any
liability. For instance, if a person owns property that
is considered PCD land, and is told that they cannot have
a particular type of business on it.
Law Director Crites stated that Assistant Law Director
Gorry further researched this issue and felt that
properties zoned nominally PCD, with no development plan,
would need to comply with the Ordinance. He went on to
say that with all do respect, the Supreme Court has flip-
flopped on this issue three times. Law Director Crites
stated that there are a whole series of cases that have
been looked at. Moreover, the law is in a flux with
issues like this. He added that it is never a case of
being “lawsuit proof.”
Mayor Robertson stated that it was her understanding that
you couldn’t take away the land owner’s right to put all
types of business there.
Law Director Crites stated that this Council has a right
to decide appropriate and non-appropriate uses.
Vice Mayor Crais stated that Law Director Crites and
Assistant Law Director Gorry did a heroic job on this
issue and worked very expeditiously on it.
The public hearing for Ordinance No. 02-04 is set for the
March 3 Council meeting.
Resolution No. 04-14, A Resolution To Create A Byn Du
Governance Commission remained tabled.
Discussion: Vice Mayor Crais stated that additional
information is needed along with further review.
Councilmember Herman stated that it his hopes that this
can move as expeditiously as possible.
REVIEW OF MINUTES
Regularly Scheduled Meeting of February 4, 2004
Councilmember O’Keefe moved to accept the minutes as
presented; seconded by Vice Mayor Crais. Motion carried,
Mayor Robertson inquired on the January 21, 2004 minutes.
She asked if we have received any amendments back from the
Trustees. Manager Hickman stated that this will be
further looked into, and available for the March 3 Council
MAYOR’S COURT REPORT – January
The Mayor’s Court Report for the month of January was
presented for review.
Councilmember Herman moved to accept the report; second by
Councilmember Main. Motion carried, 6-0
Mayor Robertson instructed the report be filed
with the Clerk. A copy of said report is included as part
of these Minutes.
MANAGER’S REPORT – January
The Manager’s Report for the month of January was
presented for review.
Vice Mayor Crais moved to accept the report;
seconded by Councilmember
O’Keefe. Motion carried 6-0.
Mayor Robertson instructed the report be filed
with the Clerk. A copy of said report is included as part
of these Minutes.
Economic, Finance, Personnel Committee (EFP) – Hartfield,
Councilmember Herman stated that information regarding the
meeting is available in Council’s packets, and they can
expect a Cultural Arts recommendation in their next report.
Light, Safety, Sts/Sidewalks, Utility Committee (LSSU) –
Crais, Hartfield, Main
Committee meets on February 27, 04.
Planning Commission – O’Keefe
Councilmember O’Keefe stated a resident living in Park
Trails spoke at the meeting about concerns he had over
traffic issues if an Arby’s restaurant were to be built.
She also mentioned an issue on Milner Avenue with the
cutting of the curbs. She stated that Jim Gorry and Mark
Parriss are working on this issue.
Planning & Zoning Committee (P&Z) – Barsky, Crais,
Vice Mayor Crais stated that they discussed information
relevant to Ordinance No. 02-04 for tonight’s meeting.
Union Cemetery -Main
Granville Foundation – Main
Councilmember Main stated that the foundation had their
annual meeting and there are three new trustees that have
been added: Cynthia Minsker, Mary Kay Bridge, and David
Schnaidt. He went on to say that they have received
applications for over $50,000, but the foundation can only
fund $30,000. Councilmember Main stated that this is
mainly due to a 27% decrease in the endowment because of
economical issues. Furthermore, the fund is just above
$600,000. Councilmember Main stated that he wanted
Council to be aware of money being put into programs that
are affecting our community.
OTHER COUNCIL MATTERS
Manager Hickman asked Council how they would prefer to
receive reports for BZBA and Planning Commission. Council
agreed to receive the reports by email.
Mayor Robertson stated that Council has been invited to
participate in the Big Brothers/Big Sisters Bowl-a-thon on
April 17 at Park Lanes. She stated that Council would
need to get sponsors, and five people were needed for
Mayor Robertson stated that the Licking County food pantry
is seeking donations of food or money. She stated that
collections will be taken from March 1 – March 22 at the
village offices. Mayor Robertson urged Council and the
village staff to participate and asked Manager Hickman to
send reminder notices in packets to all of Council for the
March 3 Council meeting.
Councilmember O’Keefe stated that she has heard from
several residents in regards to the poor tree trimming
done in the village. She stated that two of the
individuals she spoke with were present tonight and
invited them to say a few words in regards to some
problems they had with the tree trimming.
Jack Kirby, 1049 Burg Street, stated that the trimming
company (Aspaugh) cut down ½ of a yellow pine in the front
of their property. He stated that he is sympathetic to
AEP, but in this case he ended up with a one-sided tree.
Mr. Kirby stated that he was directed to Terry Hopkins and
Joe Smith and both concur that the tree was trimmed too
much and improperly. Mr. Kirby stated that they are
willing to take down the tree, and the village could
possibly remove the stump. He stated that he would be
left to pay for replacing the tree with something else
that provided the right type of barrier he was seeking.
Manager Hickman stated that he would be in contact with
Mr. Kirby in regards to this matter and the Tree and
Landscape Committee may be willing to work with him as
well. Mr. Kirby asked if the public is able to attend
Tree and Landscape committee meetings. Manager Hickman
stated yes and that he would get information about the
meetings back to Mr. Kirby.
Manager Hickman stated that he is still working on having
someone from PUCO come speak to Council. He also stated
that he is trying to work with Doug Hyatt, AEP, in regards
to their willingness to work with the village on tree
trimming. It was stated that there is a March 16 public
hearing being held in Columbus. However, it is expected
that comments on service outages will outweigh any on tree
trimming issues. Manager Hickman stated that other
municipalities are dealing with the very same type of
issues regarding tree trimming.
Councilmember Hartfield stated that she received a call
from a resident on Burg Street wishing to discuss with
Council issues on Burg Street (storm sewer, etc.)
Councilmember Hartfield asked if discussions on this could
be opened up again. Manager Hickman stated that there is
some work being done with Denison University.
Councilmember Hartfield stated she was aware of this, and
the gentleman who called her was as well. She stated that
he would like to have further discussion with the village
on their future plans and goals for this area. She also
stated that the gentleman felt other residents on Burg
Street were interested as well. Manager Hickman stated
these discussions could certainly be opened up again.
Mayor Robertson stated that the Tree and Landscape
Committee is still seeking representation by Council to
attend their monthly meetings. She asked if anyone is
available to attend, please let her know.
At 9:05 pm, Vice Mayor Crais moved to adjourn the
meeting. Second by Councilmember Hartfield. Motion
carried, 6-0. Meeting adjourned.
Submitted by Melanie Schott
VILLAGE OF GRANVILLE