VILLAGE OF GRANVILLE COUNCIL MINUTES March 3, 2004
CALL TO ORDER (by Mayor Robertson at 7:30 pm)
PLEDGE OF ALLEGIANCE
ROLL CALL Those responding to the roll call were Councilmembers Barsky, Hartfield, Herman, O’Keefe, Main, Vice Mayor Crais, and Mayor Robertson. Sitting in for Law Director Crites is Attorney Jim Gorry. Sitting in for Manager Hickman is Chief Cartnal.
APPROVAL OF AGENDA (7:31 pm) Councilmember Barsky moved to approve the agenda, seconded by Councilmember Herman. Motion carried.
CITIZENS’ COMMENTS (7:32 pm) Bicentennial Committee Dick Daley, Chair of the Granville Bicentennial Committee, addressed Council with an update to Granville’s upcoming Bicentennial celebrations. Mr. Daley stated that there is a signup sheet available tonight for anyone wishing to get involved with Granville’s Bicentennial celebrations. He thanked Council, the Granville Foundation, and the Township, for their support. Mr. Daley stated that much is happening behind the scenes. He stated that there has been community input meetings, a logo, and templates are in place for some planned activities. Mr. Daley went on to say that Granville’s Bicentennial will begin with the community, and that the main theme will be fellowship. He mentioned various events including two at the end of this year (2004). The kickoff will be at the December 4th candlelight walking tour, and there is an event with the Rotary on New Year’s Eve. Mr. Daley stated that he was recently made aware that the Rotary wishes to present a clock to the community. Mr. Daley stated that some other events taking place in 2005 would include a promotional tent at the 4th of July celebration, churches presenting music, and a Thanksgiving banquet. He also stated that there will be a Bicentennial calendar available. Mr. Daley stated that a final community input meeting will take place in September and letters were recently sent to all the major organizations in Granville letting them know that any plans they might have need to back to the committee by May. Mr. Daley ended by stating that they need community involvement and he urges people to be a part of Granville’s 200th birthday.
Mayor Robertson thanked Mr. Daley and asked him to convey Council’s appreciation to the many others on the committee who have worked so hard.
Mayor Robertson closed citizens’ comments at 7:46 pm.
PUBLIC HEARING 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.
Bob Dixon, 161 Bryn Du Drive, spoke to Council in regards to Ordinance No. 02-04. Mr. Dixon stated that he is the Treasurer to the Chamber of Commerce, as well as a life long resident of Granville. Mr. Dixon stated that he is amused when he hears people talk about preserving Granville’s charm and wonders if people are aware of what Granville was once like and are they even aware of what Granville’s charm once was. He remarked about the types of businesses that were located in the downtown area at one time. Mr. Dixon stated that if it was possible to go back in time and visit the old Granville, the anti- development people would never have voted for it. Mr. Dixon stated that he is in opposition to the Ordinance and asked Council to “use common sense.”
Pat Moller, 265 Welsh Hills Road, is a member of the Chamber of Commerce, but stated that she is not speaking on behalf of the entire Chamber of Commerce tonight. She asked Council to reconsider Ordinance No. 02-04 and stated that she felt it is rather short sited and somewhat detrimental to the Chamber’s long term goals. Ms. Moller stated that she believes a drive up pharmacy or laundry cleaner could be a perfect type of business for the aging population of Granville. She stated that Granville is being faced with levy after levy. She believes there is a way to still preserve Granville’s charm and be in support of our schools.
Tim Riffle, 135 Thresher Street, stated that he is firmly against rezoning without seriously considering this Ordinance. Mr. Riffle stated that this is only going to be looked down upon by the business community. He went on to say that the Cherry Valley PCD area is perfect for this kind of development and to leave this area as a developed area that we would not want in our downtown.
Barbara Hammond, 123 East Broadway/BHammond Interiors, stated that she is greatly appreciative of the support by Granville residents to her store, but that there are simply not enough people in Granville to sustain all of the businesses in Granville. She stated that the language referring to drive-ups is short sited. Moreover, Ms. Hammond stated that by having development at the Cherry Valley corner, it will in no way impact any of the downtown businesses. She asked Council to reconsider the Ordinance.
Nick Cavaleris, 37 West Broad Street, Columbus, stated that he was representing his client who owned property on the Cherry Valley PCD. Mr. Cavaleris wished to reiterate his clients opposition to Ordinance No. 02-04 and felt as though it was unnecessary due to the distance from downtown Granville.
Drew McFarland, 230 East Broadway, stated that he does not reside in Granville, but his business is located here. He went on to say that he is not necessarily for or against the Ordinance, but as an attorney and co-council on a case (Buckeye Hope vs Cuyahoga Falls) he feels Council’s decision could have negative consequences. Mr. McFarland stated that his gut reaction told him there are good reasons the village could get sued for a lot of money. He stated that if this Ordinance is not written differently, and formally researched there would be negative impacts for the village. Mr. McFarland also told Council that he did not formally research the Ordinance.
Ron Sheldon, 278 Lamberse Drive, distributed a letter to Council. He stated that all of the school board members played a part in the drafting and structure of the letter, and he was in attendance tonight representing the school board. Mr. Sheldon read the letter aloud and ended by stating that there is concern that Ordinance No. 02-04 has not been discussed in relative to its negative impact on Granville Schools. He went on to say that the Ordinance would restrict business uses and delay the fill out of business in the PCD. Mr. Sheldon stated for example the fast food restaurant currently in the area pays ½ more in revenue than the medical center across the street. He stated that the lot sizes are roughly the same and the fast food restaurant is smaller in structure. He stated that the school board wishes to fill this area with businesses, and that Ordinance No. 02-04 would significantly limit the types of businesses permitted. Mr. Sheldon ended by stating that Council needs to be allocating more land for business development and have in place on a strong plan for attracting the more limited scope of businesses in general numbers.
Mayor Robertson asked Mr. Sheldon what was the per pupil expenditure/cost per child.
Mr. Sheldon stated that he did not have that information readily available, but he could get back with Mayor Robertson. Mr. Sheldon stated that he wanted to ensure the accuracy of this number, and he would be meeting with the Treasurer the next day.
Mayor Robertson stated that she appreciated Mr. Sheldon wanting to be accurate.
Pat Moller stated that her recollection from several months back was that the per pupil expenditure was somewhere around $7800 per child.
Ben Barton, 67 Pinehurst Drive, stated that he also owns property on River Road. Mr. Barton stated that he is guessing by comments heard thus far that there has been no ongoing discussions between Council and the Chamber of Commerce in regards to Ordinance No. 02-04. Mr. Barton stated that Council needs to step back and take time – he stated that we don’t need an emergency. Mr. Barton stated that things should be done over time and done right. He ended by stating that they need to let the community decide – not seven people.
Dan Bellman, 320 North Pearl Street, stated that he is in support of Ordinance No. 02-04. Mr. Bellman stated that what Granville needs is high quality businesses that bring a high tax base, but low traffic. Mr. Bellman stated that he was a bit suspicious of some of mentioned tax revenue by Mr. Sheldon, and he has been suspicious of information received by them in the past. Mr. Bellman stated that when looking at taxes you need to look at property taxes and income taxes. He stated that it is pretty intuitive that the income tax generated by a sixteen year old part time worker is going to be less than that of a physician, lab technician, or dentist. He stated that businesses like that in Erinwood are the best types of facilities are perfect revenue generators, and have the least impact on surrounding residents. Mr. Bellman stated that he feels property values could be affected if the Ordinance does not pass, which would also have a negative affect on school taxes. He stated that if a fast food restaurant were to be built it would reduce the value of a $300,000/ $400,000 home in Erinwood if the property owners could smell hamburgers at their house and have to deal with the traffic complications. Mr. Bellman stated that its easy for some to say that this intersection is the appropriate place for development. He stated that our community has stated that they don’t want terrible traffic congestion like that of Pickerington or Brice Road. He stated that there appears to be an organized group in attendance tonight to show their disapproval for the Ordinance, but to keep in mind that the majority of Granville has already spoken that they do not want high traffic businesses (along with the congestion) in Granville. Mr. Bellman stated that in terms of traffic Wendy’s generates 2000 trips per day. He went on to say that Council has already spent over $400,000 to widen and make improvements to the south side of Cherry Valley Road. He stated that the first two or three or four businesses are going to consume all the capacity that we spent over $400,000 to build. He stated that if quality of life is desired, that cost is simply too high. Mr. Bellman also stated that in the Streets and Sidewalk it was stated that by having low traffic businesses in the PCD, Doyle Clear believes there will be traffic problems even with the road structure remaining as it is.
Ben Barton stated that Mr. Bellman doesn’t speak for all of Granville, and he speaks for no one that he knows. He stated that when Mr. Bellman spoke of what Granville wants and needs he is making a one man wrecking ball statement. Mr. Barton stated that Mr. Bellman is wrong when he eluded that there is a coalition of people in opposition here tonight and that he spoke with no one prior to coming to the meeting. Mr. Barton stated that he still remembers seven years ago when there was the issue of the Paramount building (when Mr. Bellman was on Council) and when millions in tax revenue could have been generated. He stated that this was shoved aside because it was too big and the wrong this and the wrong that, and Mr. Bellman didn’t allow it as a Councilmember. Mr. Barton stated that he “implores Council to step back and take their time on this.”
Dan Bellman, North Pearl Street, stated that Mr. Barton’s statements in regards to the Paramount building “are a fabrication.” He stated that he is able to produce files to prove otherwise and that everything with Paramount was approved by the Planning Commission, but never reached Council because they bought the Dow facility.
Ron Sheldon stated that the only collusion he had of tonights meeting was by the other school board members, and he again stated that before Council enacts the Ordinance they need to have a strong plan in place for attracting a more limited scope of businesses in greater numbers and that would best serve our village, township, and schools.
Tim Riffle asked Council where the last development in Granville took place. He stated that it was ten years ago with the Erinwood complex. He stated to Council that no one is “beating down their door to put offices in Granville.” He also said that Arby’s and SuperAmerica were already in the process of seeking approval and that this Ordinance would have no affect on them.
Barbara Hammond stated that the projected growth for our area by 2030 is about 55,000 people. She stated that there is no way to stop or control traffic. Ms. Hammond stated that “this governing community is not at all business friendly.”
Pat Moller stated that she and her husband own a business in the Erinwood complex. She stated that she and her employees enjoy the fact that there is a fast food restaurant nearby and they would welcome more choices. As for the smell, Ms. Moller stated that that smell of hamburgers is more preferable to her than the smell of the mill by the IGA.
Barbara Franks, 210 East Maple/121 South Prospect, stated that in every direction you look there are houses being built around Granville. She stated that the “retail business in this town stinks.” Ms. Franks stated that Council is not giving people enough options by passing this Ordinance. Ms. Franks stated that with this Ordinance, Council is telling the people they have to go to Taylor Drug Store – one fast food restaurant – and the choice of a couple gas stations. She asked Council how they have the right to do this. Ms. Franks also stated that this is “elitist to the max and that Granville is a great place to live – it’s been a great town for 200 years – you people don’t have to fix it.”
Steve Mershon, 405 East College Street, stated that he wanted to thank Council for this Ordinance because it opened up discussion. He stated that we enjoy a participatory democracy. He stated that he was however bothered by the Ordinance’s late introduction, and that had it not been for Councilmember Barsky’s absence at the last Council meeting, it would have already passed. Mr. Mershon asked why it was an emergency, and that by being an emergency it would take away the people’s right for referendum. Mr. Mershon suggested that Council step back and get a larger involvement from the community. He suggested having the Planning Commission give their expertise.
Mayor Robertson stated that clearly people feel passionately about their feelings in this issue. She stated that there are two sides and she invites everyone to hear Council’s discussion on this matter later on the agenda. Mayor Robertson also stated that we should not let this issue damage our sense of community even though we may not all agree.
Mayor Robertson closed the Public Hearing at 8:24 pm.
NEW BUSINESS (8:25 pm) Notice of Appeal – An appeal hearing was scheduled for March 17th Council meeting to hear the appeal submitted by Mr. Gilbert Krone regarding the Planning Commissions Application No. 04-010, Genesis Land Development LLC at Milner Road, Granville.
Resolution No. 04-16, Amended and Restated Resolution Of The Council Of The Village Of Granville Of Licking County, Ohio was introduced by Councilmember Barsky. Second by Vice Mayor Crais.
Discussion: Housekeeping matter that will allow for continuation and save staff members money.
Motion carried (7-0). Resolution No. 04-16 is adopted.
Resolution No. 04-17, A Resolution To Award The Bid For Miscellaneous Storm Sewer Improvements, As Per Specifications, To L.E. King And Sons And To Authorize The Village Manager To Enter Into An Agreement Therefore was introduced by Councilmember Main. Second by Vice Mayor Crais.
Discussion: Councilmember Main stated that this was discussed/recommended at the Streets and Sidewalks committee.
Motion carried (7-0). Resolution No. 04-17 is adopted.
Resolution No. 04-18, A Resolution To Award The Bid For Miscellaneous Storm Sewer Improvements At Bryn Du, As Per Specifications, To TL Services And To Authorize The Village Manager To Enter Into An Agreement Therefore was introduced by Councilmember O’Keefe. Second by Councilmember Barsky.
Motion carried (7-0). Resolution No. 04-18 is adopted.
Resolution No. 04-19, A Resolution To Create The Granville Cultural Arts Commission (GCAC) was introduced by Vice Mayor Crais. Second by Councilmember Herman.
Discussion: Vice Mayor Crais offered the following friendly amendment: Change from “The Granville Cultural Arts Commission” to “Granville Arts Commission.”
Councilmember O’Keefe offered the following friendly amendment: In Section IV change “lead” to “led.”
Vice Mayor Crais stated that Melissa Obenauf suggested that they may want to change the name because the Greater Columbus Arts Council (GCAC) has the same acronym.
Councilmember O’Keefe stated that this is good for the community and at no cost to the community. She stated that it will add to the quality of life.
Councilmember Herman stated that the committee desired to create an arts commission and found that there were five similar such commissions in the central Ohio area and elsewhere. He stated that they looked at how these commissions were organized and governed. Councilmember Herman stated that the commission would be made up of nine members, and appointed by Council. The members would include Granville Trustees, Granville Chamber of Commerce, the Granville Historical Society, Bryn Du Governing Committee, Rec Commission, Granville Foundation, as well as some others. He stated that they would need to set up their own rules, and Council didn’t feel comfortable micromanaging the commission. He stated that $10,000 has been potentially allocated for the purpose of cultural arts if the mechanisms were put into place.
Councilmember Main asked how they will go about getting their money. Councilmember Herman stated that it would be set up much like the Bicentennial Commission.
Motion carried (7-0). Resolution No. 04-19 is adopted.
OLD BUSINESS 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 reintroduced by Vice Mayor Crais. Second by Councilmember Barsky.
Discussion: Mayor Robertson asked Assistant Law Director Gorry to give a synopsis of how Council came about drafting this Ordinance.
Assistant Law Director Gorry stated that issues in the language needed to be resolved and that on pages 3 thru 11 there are what they refer to as the boxes with stricken language. He stated that language in these boxes were at one time mandatory zoning requirements. However, several years ago Council amended this section and made these not mandatory, but rather guidelines that the Planning Commission could look at. He stated that there is no point in having this language in the code. He stated that dozens of variances are needed for a development plan from BZBA with the current set up and that this Ordinance is an attempt to eliminate that need. He stated that with this language the zoning is so restrictive you can’t plan; It was not flexible. Mr. Gorry that with the current SuperAmerica case, the court of appeals ruled that these non-mandatory zoning requirements were administrative and made the approval of a development plan administrative, rather than legislative. Mr. Gorry stated that they are recommending that these boxes be removed from the code, which is what should have been done two years ago.
Councilmember Herman stated that one thing he was committed to do when he was elected to Council was to look at things on a factual basis instead of generalizations or suppositions. He stated that in his job with the State of Ohio, he is responsible for looking at state and private partnerships and revenues for a high yield business. He stated that with the example of Wendy’s they take in the range of around $14,000 that goes to the schools. He stated that with the mentioned $7800 per pupil it doesn’t take much to figure out that Wendy’s supports less than two pupils. He stated that the second issue concerning the traffic impact has been looked at when he was on BZBA. He stated that most of the new traffic has been generated by that business (Wendy’s). Councilmember Herman stated that the village spent $440,000 for Cherry Valley road improvements and this represents 25% of the village’s annual income taxes.
Councilmember Hartfield asked Councilmember Herman what type of business he suggests go at the Cherry Valley road intersection. Councilmember Herman stated any of the other 73+ businesses mentioned in the Ordinance.
Councilmember Hartfield stated that “road improvements to Cherry Valley Road were done for our own residents, and not for people going to get a hamburger.” She stated that traffic is generated mainly by our own residents. She stated that at the last Council meeting she mentioned to Mayor Robertson that Wendy’s is not open at 8:00 am when there is a lot of traffic at this intersection.
Councilmember Herman asked if Wendy’s wasn’t there, would we have spent the $440,000 in road improvements. Councilmember Hartfield stated yes because there are so many homes in that area.
Mayor Robertson stated that when she received the letter from Ron Sheldon, of the school board, she emailed him back. She also distributed a chart to Council depicting taxes and traffic of area businesses on Cherry Value Road. She stated that she is not Wendy’s bashing, but it is a business located there with numbers to tie to it. Mayor Robertson stated that it costs us more than its worth. She stated that Wendy’s is responsible for 40% of the traffic. Mayor Robertson stated that Council’s decision won’t be based on taxes provided, but rather what the infrastructure can provide as far as traffic. HANDOUT Mayor Robertson stated that she tested what Councilmember Hartfield said at the last meeting regarding Wendy’s.
Councilmember Hartfield stated that at 8am Wendy’s isn’t even open and the infrastructure was not broken down because of Wendy’s. She stated that it was changed because a signal needed changed and the east to west flow of traffic. Councilmember Hartfield also stated that she believed the assignment of costs provided on Mayor Robertson’s handout is inaccurate. Councilmember Hartfield stated that the journey of 1000 miles begins with one step.
Councilmember O’Keefe asked why we have businesses. Is it to increase jobs, or income for the community. She asked what is the positive affect on drive thru establishments for our community. Councilmember O’Keefe stated that she too is concerned that this intersection will become like Pickerington and Brice Road. Moreover, Councilmember O’Keefe stated that with all the fast food restaurants in Pickerington, they still have problems funding their schools. Councilmember O’Keefe stated that she is not convinced unless someone provides her with more information. She stated that she would be willing to head up a task force to address these issues.
Council was unclear if the $440,000 Cherry Valley road improvement costs consisted entirely of village funds. Councilmember Herman later asked Manager Hickman (who arrived later in the evening) to clarify. Manager Hickman stated that part of the monies (approximately $198,000) were grant monies from the State. Mayor Robertson stated that this grant money was also tax pay dollars.
Councilmember Main stated that it is important to have services for people passing through the area. He went on to say that we could have a plan - or have the Planning Commission make a development plan for the entire Cherry Valley area, but in doing that we leave out the property owners. He asked where we (Council) get off telling the property owners what they can and cannot do with their property. Councilmember Main stated that ideally we would benefit from having nothing at all out there. He went on to say that all zoning is a restriction and infringement on the property owners rights. He also stated that we have to have it though.
Councilmember O’Keefe stated that people purchase property as “speculators.”
Mayor Robertson asked Assistant Attorney Jim Gorry to address the legality issues involved with rezoning.
Assistant Attorney Gorry stated that in his opinion it is legal to rezone the property – and the Supreme Court has ruled the same in such matters in the past.
Councilmember Hartfield stated that this is not all about hamburgers and fast food restaurants, but rather the reputation the village has of seeming unapproachable and inflexible. She stated that this is the perception the village has in the business community and that Council’s actions should stand behind their words.
Vice Mayor Crais stated that one intention of the Ordinance was to take the code and stream line it. He stated that this Ordinance allows for more clarity and simplification. Vice Mayor Crais stated that they have drafted an Ordinance that is more business friendly, has a clearer set of mechanisms, and is straight-forward without the endless hoops. Vice Mayor Crais stated that if you forget about the fast food and drive thru issues and carefully read the Ordinance it is better for the business community. Vice Mayor Crais stated that the main controversy seems to be the provisions around drive thrus and fast food. He stated that with this it is clear that Wendy’s produces $14,000 in school revenues – which provides for less than two students at $7800 per pupil. Vice Mayor Crais stated that it is clear by definition fast food and drive thrus are heavy on infrastructure and infrastructure comes directly out of taxpayers pockets. He also stated that the kinds of zoning can have an impact on surrounding properties. Vice Mayor Crais stated that fast food will depress property values in surrounding areas and there is a high probability for negative impact. He stated that these property values have an impact on our school system. Vice Mayor Crais stated he feels the controversy is due to the clarity of the Ordinance because it is clear on what we want and what we don’t want.
Mayor Robertson stated that she was on the Planning Commission when the Certified gas station came with there first proposal. She stated that the Planning Commission said no thank you – we are looking for something different. Mayor Robertson stated that afterwards they came back with something very different and nicer. In this case, Mayor Robertson stated the process worked rather well.
Councilmember Herman stated that the discussion needs to move on affirmative ways on what would be good for this area.
Councilmember Barsky stated that an owner of a $300,000 home pays roughly $4000 in taxes per year. She stated that with a home housing two children, this does not sustain the $7800 needed per pupil. Councilmember Barsky stated that we need to go after businesses actively that can provide more tax revenue for the schools. Councilmember Barsky stated that with 50% feedback on the Comprehensive Plan – 80% defined the types of businesses NOT desired. Some of them were shopping malls, convenient stores, manufacturing and distribution centers. Councilmember Barsky stated that this was both village and township residents. Moreover, Councilmember Barsky stated that the Comprehensive Plan Review was consistent with the 1998 plan. Councilmember Barsky stated that there are three businesses they do not particularly want, but there are also 75+ that we do want. She went on to say that this Ordinance will stream-line attempts that have gone through BZBA in the past.
Mayor Robertson stated that the application put in by Arby’s will not be affected by this Ordinance because their application was filed before this Ordinance.
Councilmember Hartfield stated that she understands the facts around the law directors suggestions and recommendations concerning the code. She stated that she felt this was much broader than fast food. She stated that she does have a hard time understanding why no gas stations or no drug stores. Councilmember Hartfield stated she hopes the best for Taylor’s, but wondered where Council has the right to say that no other drug store should come in.
Mayor Robertson stated she would have no problem inserting “drug stores” back in.
Councilmember Hartfield moved to amend Ordinance No. 02-04 and insert “drug stores” back in which would allow them to be included as part of a PCD plan. Second by Councilmember Barsky.
Councilmember Herman stated that he would be in support of this.
Councilmember O’Keefe stated she would be in support as well. She stated she was unsure why it was put in there.
Councilmember Main stated that the square footage requirements in the code would preclude large chain drug stores as we know them. He stated he would be in support of this amendment.
7 Yeas – 0 Nays
Councilmember Main moved to amend the title to include “and gas stations” after fast food restaurants. Second by Councilmember Barsky. Councilmember Main stated that this would simply make the title more accurate.
7 Yeas – 0 Nays
Councilmember O’Keefe proposed adding that alcoholic beverage drive thru’s be prohibited.
Assistant Attorney Gorry stated he would need to further research this proposal and its impacts, but did not want to discourage Councilmember O’Keefe from proposing it if she desired.
Vice Mayor Crais stated that he asks Councilmember O’Keefe to not propose such an amendment.
Councilmember O’Keefe withdrew her proposed amendment.
Councilmember Main asked if the law currently prohibits so called “nuisance businesses,” such as strip bars, adult books stores, etc. He asked if the Ordinance talks in terms of what is wanted and not wanted, should these types of businesses be included.
Assistant Attorney Gorry stated that it is possible and this could be looked at as well.
Councilmember Main stated that he wondered who would make decisions like parking spaces. He stated that for example if he moved his existing business to this PCD, he would be allotted 12.5 parking spaces under the old provisions. He stated that this would clearly not be enough. He stated that some points appear rather vague and he wondered who would make these types of decisions.
Assistant Attorney Gorry stated that on page 5, in the boxes there were detailed parking requirements. Two years ago these requirements changed from mandatory to optional. Mr. Gorry stated that this has changed from no flexibility in a PCD to maximum flexibility in the new Ordinance, which is suggested.
Vice Mayor Crais stated that in regards to Referendum there was a discussion about Bob Evans at the last Council meeting and is the right to Referendum bad for business. Vice Mayor Crais stated that we should not fear participatory democracy. Vice Mayor Crais stated that when Bob Evans came in there was controversy. He stated that it was put on the ballot to vote up or down and it was voted up by a slight majority. He stated that this ended the need for endless multi-year litigation. Vice Mayor Crais stated that in many respects the right to Referendum provides clarity of the process and serves citizens well.
Vice Mayor Crais asked Assistant Attorney Gorry to speak in regards to the suggested need for the emergency clause.
Assistant Attorney Gorry stated that the law department requested this in removing the stricken boxed language in Ordinance No. 02-04. He stated that this is important, but not critical.
Mayor Robertson asked if this new Ordinance could open the village up to litigation, as was suggested in public comments this evening.
Assistant Attorney Gorry stated that he did not agree with this and that the village would not be at such risk. He felt that there is simply no need to leave the boxes there and if they remain this could be reason to open up for litigation.
Councilmember Herman asked what the legal implications are in not acting as an emergency.
Assistant Attorney Gorry stated that our position is that this is legislative although one court decision (concerning SuperAmerica) states administrative because of the boxes. Assistant Attorney states it is their position to just remove the boxes.
Councilmember Herman asked what the impact financially would be by removing the emergency clause.
Assistant Attorney Gorry stated that removing the emergency clause would not cause any damage to the village.
Councilmember Main stated that Vice Mayor Crais remarked that citizens have the right to Referendum, but if this Ordinance is passed as an emergency it is not referendable.
Assistant Attorney Gorry stated that it would be the legal departments preference to have it pass, even if it’s not as an emergency.
Councilmember Main stated that he would like to see the emergency clause removed.
Councilmember Barsky moved to remove the emergency clause in Ordinance No. 02-04. Second by Vice Mayor Crais. Councilmember Barsky noted that this would allow the Ordinance to be referendable and effective in thirty days.
Mayor Robertson stated that she sees two points from their discussion. The first being to set up a task force to study fast food and the second to find ways for Council to work with the Chamber of Commerce. She stated that better contact and better understanding is needed.
Councilmember Herman stated that he has been in contact with the Chamber and is working on this.
Vice Mayor Crais suggested that Council needs to proactively knock on doors to bring new businesses to Granville.
Councilmember Barsky stated that we also need to address taxes generated by businesses and be sure we have numbers that are correct and in agreement with the school district and Chamber. For example, she stated that she received information from the Licking County Auditor’s website on the tax generated from Bob Evans and wondered if it was correct.
Mayor Robertson asked for a roll call vote.
Roll call vote: Crais, Barsky, Hartfield (no), Herman, Main (no), O’Keefe, Robertson, (5-2) Motion carried. Ordinance No. 02-04 is adopted.
Vice Mayor Crais made a motion to remove (Amended) Resolution No. 04-14, A Resolution To Create A Bryn Du Governance Commission from the table. Second by Councilmember Barsky.
Discussion: Mayor Robertson stated that the Resolution does not specify an length of term, which she felt was needed. Councilmember Hartfield asked if the Commission should determine this, much like the Bicentennial Commission is run without Council micro-managing. Mayor Robertson stated that this Commission will be different because it is hoped it will be in existence for many many years. Councilmember Main suggested staggering the terms.
Councilmember Main moved to amend with the following amendment: 3 members shall have a one year term. 2 members shall have a two year term. 2 members shall have a three year term. Second by Vice Mayor Crais.
Vice Mayor Crais asked if names put forward should have to provide a disclosure statement. Councilmember Hartfield stated that she didn’t feel this would be appropriate. Assistant Attorney Gorry stated that since Council does not provide this information, he wouldn’t see it necessary for members of the commission to.
Vice Mayor Crais asked what would happen if a member of the commission resigned. Assistant Attorney Gorry stated that that person would be reappointed by the body that appointed him/her under Section 5.
Councilmember O’Keefe asked what if an appointee were to have economic benefit by being on the board. Assistant Attorney Gorry stated that that person could recuze themselves, or could possibly be voted off the commission.
Motion carried (6-0). Resolution No. 04-04 is adopted.
REVIEW OF MINUTES Regularly Scheduled Meeting of January 21, 2004 Councilmember Main moved to adopt the minutes as amended. Second by Vice Mayor Crais. Council was told that the Trustees did not respond with any changes to these minutes. Motion carried, 7-0.
Regularly Scheduled Meeting of February 18, 2004 Councilmember Main moved to table the minutes of February 18, 2004. Second by Councilmember Hartfield. Motion carried, 7-0.
COMMITTEE REPORTS Light, Safety, Sts/Sidewalks & Utility Committee Economic, Finance, Personnel Committee Planning & Zoning Committee Union Cemetery Planning Commission
OTHER COUNCIL MATTERS Mayor Robertson urged Council to remember food for the food pantry.
EXECUTIVE SESSION Vice Mayor Crais moved to enter into Executive Session “Pursuant to ORC 121.22(G)(3) – Conference with an attorney for the public body concerning disputes involving the public body that are the subject of pending and imminent court action (Speedway/SuperAmerica). Second by Councilmember Main. Roll Call Vote: Crais, Hartfield, Herman, Main, O’Keefe, Robertson, Barsky. Motion carried (7-0).
Time in: 10:43 pm
Vice Mayor Crais moved to return to regular session. Councilmember O’Keefe second.
Roll Call Vote: Hartfield, Herman, O’Keefe, Main, Robertson, Barsky, Crais. Motion carried (7-0).
Time out: 11:10 pm Council returned to regular session.
ADJOURNMENT At 11:10 pm, Vice Mayor Crais moved to adjourn the meeting. Second by Councilmember Hartfield. Motion carried, 7-0. Meeting adjourned.
Submitted by Melanie Schott