VILLAGE OF GRANVILLE
July 11, 2007
CALL TO ORDER (by Mayor Hartfield at 7:30 pm)
PLEDGE OF ALLEGIANCE
Those responding to the roll call were Councilmembers Barsky, Mershon, O’Keefe, McGowan, Vice Mayor Herman, Mayor Hartfield; Manager Holycross, and Law Director Crites.
Councilmember O’Keefe made a motion to excuse Councilmember Tegtmeyer. Second by Councilmember Barsky. Motion carried (6-0)
APPROVAL OF AGENDA (7:33 pm)
Vice Mayor Herman moved to amend the agenda and hold discussion of Item #6 (Cleveland Hall Hearing) until after Councilmember Tegtmeyer is present at the meeting. Second by Councilmember Mershon. Motion carried (6-0).
CITIZENS COMMENTS (7:34 pm)
Louise Denny, 21 Spangler Court, thanked Council for taking care of cutting down some thistle along the road near her home. She stated that as a daughter of a nurseryman she felt obligated to tell Council that more harm than good is being done to trees that are mulched all the way up to their trunks by the Village service department staff. She indicated that she had spoke with a representative from Davey Tree Service who agreed with the mulching problem. She also advised that she had spoken with Service Director Terry Hopkins. Ms. Denny suggested stirring up the mulch in August rather than applying new mulch, because applying new mulch is a waste of money. She also informed Council that the eastern side of the spruce tree, donated by the Alan Miller family, is dying as the larger blue spruce tree is shading it. She stated that perhaps the blue spruce should be removed before further damage is done to the smaller tree. She suggested getting expert advice.
Bill Wilken, 474 Glyn Tawel Drive, stated that the herd of deer in his neighborhood has grown completely out-of-bounds. He stated that the matter is now a public safety problem because he personally has experienced “charge behavior” from the herd’s buck. Mr. Wilken stated that he has counted 26 deer in the herd near his neighborhood.
Mr. Wilken also referenced the River Road annexation. He stated that he was aware of one developer who is proposing a quality project that will maintain the Village’s identity. He hopes Council will support their efforts. He went on to say that growth is a fact of life and it can be managed properly.
Nancy Bunge, 1135 River Road, stated that she echoes Mr. Wilken’s comments, but she is concerned about an article she read in the Sentinel regarding lifting the zoning standards. She stated that she would not be in favor of seeing drive thru type businesses on River Road nor does she want to see development like that on North 21st Street in Newark. Ms. Bunge stated that the founders of Granville did a fine job building a community with a real identity and she hopes Granville will maintain these high standards.
Bill Wilkens added an additional comment indicating that he understood Ms. Bunge point, but he feels some of the younger residents, who are the backbone of the community and live busy lives with time constraints, demand drive thru like establishments. He stated that he feels they do not cause harm if they are done properly.
Resolution No. 07-41, A Resolution To Award The Bid For Towing And Storage Of Motor Vehicles For The Police Department, As Per Specifications, To M&P Towing (M&P Auto Service), And To Authorize The Village Manager To Enter Into An Agreement Therefor was removed from the Table by Councilmember Barsky. Second by Councilmember O’Keefe.
Discussion: Councilmember McGowan asked the length of the contract and if it was set contract. Chief Mason stated the contract is set for three years. Councilmember Barsky asked if the Village can nullify the contract if terms are not met and can it be canceled without cause. Manager Holycross explained that there is a provision in the contract to void the contract with thirty days notice. Law Director Crites stated that the contract can be canceled without cause. Councilmember Mershon stated that he recalled a spokesman from Yonkers Towing stating that M&P Towing was unable to tow larger vehicles. He asked if this was true. Manager Holycross stated that M&P Towing would be sub-contracting the towing for larger vehicles. Mayor Hartfield asked if there were ever any problems with the last company to hold the contract – Yonkers Towing. Chief Mason stated that they provided good service as did M&P Towing years before.
Motion carried 6-0. Resolution No. 07-41 is adopted.
Resolution No. 07-42, A Resolution To Award The Contract For Improvements To Summit Street, As Per Specification, To Law General Contracting Inc. And To Authorize The Village Manager To Enter Into An Agreement was introduced by Vice Mayor Herman. Second by Councilmember Barsky.
Discussion: Councilmember McGowan asked if the project is expected to be completed before school starts. Manager Holycross stated that it is scheduled to be done the same time as the Welsh Hills Road culvert project. It should take around six weeks.
Resolution No. 07-42 is adopted. Motion carried 6-0.
Report on River Road
At 7:50 pm Mayor Hartfield recused herself from discussion of the River Road Report. She was seated in the audience and Vice Mayor Herman presided over the meeting. Mayor Hartfield returned to preside over the Council meeting at 8:10pm when Manager Holycross concluded discussion of his Report of the River Road Annexation to Council. A copy of the project update is provided as part of these minutes.
Manager Holycross distributed an update to Council dated 7-11-07. Manager Holycross stated that the total cost estimated by Mr. Turner is approximately $2.4. He stated that Council may see some suggestions that they do not deem as necessary. He stated that they are now waiting on an Executive Summary from Doyle Clear – Traffic Engineer and the final draft report by Poggemeyer expected Friday, July 13th. Manager Holycross stated that preliminary findings by Mr. Clear show that Main Street does have the ability to handle the traffic capacity with some minor improvements. He stated that the final report by Mr. Clear will depict the differences in having an intersection versus a round-a-bout and a general conception of placement based on restrictions by ODOT. He stated that Mr. Clear looked at the entire length of Main Street from Munson Street to State Route 16 to determine the best location for an intersection. Manager Holycross stated a hybrid document was submitted to the P&Z Committee. The Committee recommends that it now go to full Council. Manager Holycross suggested that Council might want to meet at their regularly scheduled meeting time next week to discuss the findings of the River Road report. Councilmember McGowan asked if the traffic costs are currently in the budget. Manager Holycross stated not at this point. Vice Mayor Herman asked what might be the next steps if Council were to choose supporting the annexation. Manager Holycross stated that this would depend on the method of financing chosen – whether it be by tax increments, special assessment, or incurred by the developer. He stated that any new zoning regulations would also need to be addressed. Vice Mayor Herman stated that it would be nice to have these options prepared ahead of time in order to compare. Councilmember Barsky stated that any applicable areas of the Comprehensive Plan should be incorporated within the appendices of the final report. She also stated that there should be a notation to change the name from “urban design” to “gateway district,” as it is a distinct difference. Councilmember Barsky asked what date would work for Council to discuss this matter because they want to keep things moving along. Council discussed possible meeting dates, but an exact meeting time was not set. Councilmember McGowan asked if any right of ways needed to be acquired for road improvements. Manager Holycross stated he would look into this. Councilmember O’Keefe asked that there be side by side financial comparisons. Vice Mayor Herman stated that the cost of doing nothing should also be included in the side by side comparisons when it comes to costs/financing. Manager Holycross stated that they have addressed this in the draft report.
Flood Monitoring Gauge Grant Opportunity
Manager Holycross stated that Molly Roberts sent an email to Council earlier in the day explaining that the Village has the opportunity to participate in a grant partnership with the United States Geological Survey, National Weather Service, Denison University, and Granville Township for the installation of a flood forecasting monitoring site and rain gauge system for Raccoon Creek. He stated that it is a 50% grant with 50% of maintenance and operating expenses being covered for the first three years. Manager Holycross stated that the Village would assume 1/3 of the 50% cost with Denison University and Granville Township. He stated that the Township was discussing the matter at their meeting tonight. Manager Holycross estimated that $9500 would be needed for the first year, $2800 for the second year, $2950 for the third year, and $3000 for the 4th year. Manager Holycross stated that the Village has no obligation to continue the program at the end of the fourth year. He explained that a federal grant will pay for 50% of the cost for three gauges in Licking County. He stated that Newark has already applied for two of the three gauges available, and Granville has until July 16th to decide if they want the third gauge. He asked for Council’s thoughts on participating in the program. Councilmember O’Keefe asked if there is any benefit to the Village by participating. Manager Holycross stated that he has had experience with a similar system in Athens County and it was useful information for emergency management purposes. Councilmember Barsky questioned if the placement of the gauge should be up stream. Manager Holycross stated that he was unsure of the exact placement, but Cherry Street Bridge was one suggestion along with an area off of township road 539a. Seth Patton, representing Denison University, stated that the system would be helpful to Denison because of the heat and power plant located in the flood plain off of Main Street near Raccoon Creek. He stated that this area did flood in the 1950’s and they recently purchased a sand bagging system to protect their interests in this area. Mr. Patton explained that Denison University cannot be the only applicant for the grant and a government entity needs to be the main applicant. Vice Mayor Herman stated that sharing the costs makes sense to him. Councilmember O’Keefe questioned if the administration feels the system is needed. Manager Holycross stated that from his standpoint he can see some value as far as emergency preparedness. He went on to say that the funds are available in the general revenue fund. Councilmember Mershon stated that the Village does have a 4th year out if they decide not to continue with the program and he recalled Ms. Roberts looking at a similar type of system for the Village service department.
Councilmember Barsky made a motion to authorize Manager Holycross to enter into an agreement to purchase the flood gauge system assuming that Denison University and Granville Township share the total cost. Second by Councilmember McGowan. Motion carries 6-0.
REVIEW OF MINUTES
Regularly Scheduled Meeting of June 20, 2007.
Councilmember Mershon made a motion to approve the minutes as amended. Second by Councilmember McGowan. Motion carried 6-0.
Special Council Meeting of June 26, 2007.
Councilmember McGowan moved to approve the minutes as amended. Second by Councilmember Barsky. Motion to approve carried 6-0.
Economic, Finance, Personnel Committee (EFP) – (Herman, Mershon, Tegtmeyer)
Vice Mayor Herman stated that the committee met on July 9th in executive session. The discussion of that meeting will be heard during executive session this evening.
Granville Foundation – (Tegtmeyer)
Light, Safety, Sts/Sidewalks, Utility Committee (LSSU) – (Hartfield, Herman, McGowan)
Mayor Hartfield stated that the committee will be meeting next week. Councilmember Barsky inquired on the Welsh Hills Road culvert project and if the fire department had made sufficient arrangements. Manager Holycross stated that the fire department is prepared for the road closure. They would have preferred to see a bypass, but arrangements could not be made to permit a bypass. Councilmember O’Keefe stated that she thinks the committee should discuss how thick they pave roads. She stated that there are some thick areas of pavement on Burg Street causing it to have unsafe drop-offs in certain areas. Mayor Hartfield agreed this needed to be addressed. Councilmember Barsky stated that there has been discussion for some time regarding a pedestrian pathway on Burg Street and she wondered if the Village ought to explore any available grant money for this project. Manager Holycross stated that he would research available programs. Councilmember Barsky suggested that collaboration with the Township could be explored as well. Councilmember Mershon suggested further discussion in the Street and Sidewalks Committee.
Planning Commission – (O’Keefe)
Councilmember O’Keefe stated that a driveway on Pearl Street was approved after lengthy discussion over the driveway placement. She stated that the approval was granted because safety was the biggest factor. Councilmember O’Keefe stated that Jerry Martin was granted approval of a sign for 128 East Broad Street on the condition that the illegal neon sign currently up is removed. She later stated that this approval was reversed because they did not have the authority to include this condition. Councilmember O’Keefe explained that the Village Planner stated that the Village Charter depicts no way to mandate the condition when a building is no longer used as intended. Councilmember O’Keefe stated that Dan Rogers submitted an application for a garage on 123 South Prospect Street where a new roof was approved by the Planning Commission. She stated that final approval for the siding remodel has not yet been granted. Furthermore, Councilmember O’Keefe stated that the new building for Fackler Country Gardens was approved, but there was some discussion over the pitch of the roof. She went on to say that a vinyl fence for a home on Elm/Prospect Street was granted for the rear of the property. She stated that some commission members had concerns that a vinyl fence is not appropriate for a home in the AROD district, but there is nothing in the code prohibiting vinyl. Councilmember O’Keefe stated that the Planning Commission was also made aware that the colors in the zoning code are considered to be out of date and no longer available.
Planning & Zoning Committee – (Barsky, Mershon, O’Keefe)
Councilmember Barsky stated the proposed River Road annexation had already been discussed. She stated that they will have zoning issues to bring before the full Council in the near future.
Comprehensive Plan – (Barsky)
Recreation Commission – (McGowan)
161 Accord – (O’Keefe)
Councilmember O’Keefe stated that there was a brief meeting where St. Albans Township pulled out of the Accord, leaving a large gap. She stated that things are up in the air as to what will happen next with the 161 Accord.
Senior Committee – (O’Keefe)
Tree & Landscape Commission (Barsky)
Union Cemetery (Mershon)
OTHER COUNCIL MATTERS
Councilmember O’Keefe wished to discuss the deer issue. Mayor Hartfield stated that this matter would be discussed in the Streets and Sidewalks Committee. Vice Mayor Herman stated that one thing that Council might be able to do is to create an ordinance that makes feeding the deer illegal.
Councilmember McGowan discussed the erosion that is occurring on the Evans Bike Trail. He stated that there are parts of the trail that could be lost and the Village should look into whose responsibility it is to make these repairs.
Vice Mayor Herman asked if there would be a person at the upcoming liquor permit hearing. Law Director Crites answered that there would be someone representing the Village at the hearing.
Councilmember Barsky moved to enter into Executive Session, Pursuant to ORC 121.22(G)(2) – “To consider the sale of public property at a competitive bid.” And Pursuant to ORC 121.22(G)(1) – “To do an annual review of a public official.” Second by Vice Mayor Herman.
Roll call vote: Herman, Mershon, Barsky, Hartfield, O’Keefe, Barsky.
Time in: 8:58 pm. Motion carried 6-0.
Councilmember Barsky moved to return to regular session. Second by Councilmember McGowan.
Roll call vote: Herman, Mershon, Barsky, Hartfield, O’Keefe, Barsky.
Time out: 10:05 pm. Motion carried 6-0.
Councilmember Tegtmeyer arrived at the Council meeting at 10:00pm.
APPEAL RELATED TO CLEVELAND HALL – WRITTEN DECISION (10:07pm)
Mayor Hartfield stated that she would be recusing herself from discussion because a co-worker is bidding part of the proposed project. Councilmember O’Keefe stated that she too would like to recuse herself from the discussion because her husband is an employee of Denison University. Both were seated in the audience. Vice Mayor Herman presided in Mayor Hartfield’s place.
Those responding to the roll call were Councilmembers Barsky, Mershon, Tegtmeyer, McGowan, and Vice Mayor Herman.
Discussion: At its June 20th meeting, the Village Council voted 3-2 to uphold the decision of the Granville Planning Commission to approve a proposed addition to Cleveland Hall on the campus of Denison University. In accordance with the provisions of the Granville Code, the Council has forty-five days from June 20th, if necessary, to formalize its decision in writing including the findings and conclusions of fact. The Law Director, on behalf of Council, prepared a written draft for consideration by Council.
A court reporter was present to transcribe the discussions of Council. Please refer to the transcription, which is part of these minutes.
Resolution No. 07-43, A Resolution Affirming The Decision Of The Granville Planning And Zoning Commission To Approve, With Conditions, The Application For Architectural Review For The Proposed Addition To Cleveland Hall And Adopting Decision Findings and Conclusions Of Fact was Introduced by Councilmember Mershon. Second by Councilmember Barsky.
Roll Call Vote: Mershon (yes), Tegtmeyer (yes), Barsky (no), McGowan (yes), Herman (no). Motion passes 3-2.
ADJOURNMENT (10:33 pm)
Councilmember McGowan moved to adjourn. Second by Councilmember Tegtmeyer. Motion carried, 7-0. Meeting adjourned.