VILLAGE OF GRANVILLE
April 2, 2008
CALL TO ORDER (by Mayor Hartfield at 7:30 pm)
PLEDGE OF ALLEGIANCE
Those responding to the roll call were Councilmembers Barsky, McGowan, Mershon, O’Keefe, Tegtmeyer, Vice Mayor Herman, Mayor Hartfield, Manager Holycross, and Law Director Crites.
APPROVAL OF AGENDA (7:31 pm)
Councilmember Mershon moved to approve the agenda as presented. Second by Councilmember O’Keefe. Motion carried (7-0).
CITIZENS COMMENTS (7:32 pm)
Dan Rogers, 210 East Maple Street, stated that he received a parking ticket on North Prospect Street for parking his service vehicle in an illegal parking space. Mr. Rogers explained that for his business, he needs to park his vehicle in locations close to where he was working. He requested that this matter be reviewed by the Lights, Streets, Sidewalks and Utilities Committee. Vice Mayor Herman asked that this issue be placed on the agenda for the next meeting. Mayor Hartfield requested Manager Holycross send Mr. Rogers a notice as to the next scheduled meeting.
Barbara Franks, 210 East Maple Street, stated that she could offer a Village business owners perspective. She indicated that there are other service trucks who park in areas such as the one used by Mr. Rogers and they do not receive tickets. Ms. Franks stated that she would prefer to see parking spaces left open for potential customers.
Dan Bellman, 320 North Pearl Street, inquired about a recent filing by the Law Director for the Village in regards to the Cleveland Hall appeal. He questioned if the Law Director was authorized by Council to make that filing. Law Director Crites explained that the filing was not a notice of appeal. It was a follow-up to a motion that was filed as part of the original case before the Common Pleas Court. This filing was a request for partial relief from the stay to allow Denison to continue working on projects not affected by AROD (Architectural Review Overlay District). Mr. Bellman stated that he understood that a motion for appeal was not filed. He also indicated that a question could be raised that the filing could be construed as setting forth a litigation stance on the Village’s part and concurring with Denison filing. Mr. Bellman questioned who authorized this action. Law Director Crites explained that Council authorized him handle the appeal before the Common Pleas Court some months ago and this latest filing was part of that appeal. Mr. Bellman inquired if there was any Council business that “we aren’t aware of.” Law Director Crites stated that the action taken was a memorandum of support of the position taken with respect to a partial relief of the stay that was part of the Common Pleas Court matter and authorized by this Council. Law Director Crites stated that to proceed beyond this point would require additional Council authorization.
Barbara Franks, 210 East Maple Street, stated that she noticed that the Daffodil Show was mentioned under “Meeting Announcements,” but the Pancake Breakfast was not. Mayor Hartfield stated that information regarding the pancake breakfast was posted in the front window of the Village Office. Ms. Franks also asked when the public hearing was scheduled for the zoning code changes. Manager Holycross indicated that the public hearing was Monday, April 7th at 7:00pm during a special Planning Commission meeting. There would also be a public hearing scheduled for Council at a later date.
Mayor Hartfield closed Citizens’ Comments at 7:42 PM
PUBLIC HEARING (7:43 PM)
Ordinance No. 04-08, An Ordinance to Provide a One-time $100 Credit Against Water Bills for Each Water Meter Belonging to Residents and Businesses Located in the Village on June 1, 2008
No one appeared to speak for or against Ordinance No. 04-08.
Ordinance No. 05-08, An Ordinance to Approve the Development Plan for Jeanne Crumrine for the Vacant Lot Located on Speedway Drive and Owned by the Marathon Petroleum Company, LLC with Conditions
Laura Andujar, 88 Ardon Place, Hebron, stated that she would be presenting the project on behalf of Jeanne Crumrine. She stated that the project entails a 5,200 square foot brick and stone, multi-tenant building with one current tenant of Quiznos. She indicated that the other two tenants were as yet unknown. She further stated that the project has been approved by the Planning Commission.
Councilmember Tegtmeyer asked what Ms. Andujar’s role was in the project. Ms. Andujar indicated that she was the project manager. Councilmember O’Keefe inquired if the proposed lighting plan had been submitted to the planning department. Ms. Andujar explained that they were still working with Holophane on the plan and were currently looking at using 175 watt bulbs. Ms. Andujar indicated that a plan would be submitted to the Village Planner prior to a building permit being issued. Councilmember Barsky asked if the lighting would be the same as Arby’s. Ms. Andujar indicated that the proposed lighting was not as bright as Arby’s. Council asked if Ms. Andujar and Ms. Crumrine would remain for the Council discussion regarding Ordinance No. 05-08. They indicated in the affirmative.
Barbara Franks, 210 East Maple, stated that she owns property at 121 South Prospect Street and 119 South Prospect Street. She questioned that this development plan only required twenty-six (26) parking spaces for a business with three stores. She has problems providing adequate parking for her businesses at her locations. She questioned how twenty-six (26) spaces could be sufficient parking for three businesses.
Mayor Hartfield closed the public hearings at 7:50 PM
Ordinance No. 04-08, An Ordinance to Provide a One-time $100 Credit Against Water Bills for Each Water Meter Belonging to Residents and Businesses Located in the Village on June 1, 2008 was reintroduced by Councilmember McGowan. Second by Councilmember Mershon.
Councilmember McGowan made a motion for a friendly amendment to Ordinance No. 04-08 that would limit the number of credits someone could receive to three (3). He stated that as the Ordinance reads now, there are several entities that would receive multiple credits – such as Denison University with seventy-four (74). Councilmember McGowan explained that the friendly amendment would also address the issue of residents in the Village, who used a well as their source of water, and would currently not be entitled to a credit. This amendment would provide them $100.
The amendment read as follows:
(e) “Any owner of a non-serviced housing unit on June 1, 2008, who does not otherwise receive the credit provided in Section 925.18(d), upon proper application made on or before September 1, 2008, shall be paid $100 by the Municipality; provided that only one such amount shall be paid with respect to each non-serviced housing unit and such single amount shall be paid jointly to all owners of a single non-serviced housing unit having multiple owners, and further provide that the total amount paid and credited to any one person or entity under this Section and under 925.18(d), as shown on the records of the Water Division, shall not exceed $300. As used in this paragraph, the term non-serviced housing unit shall mean a habitable single-family residential structure, which is located within the Municipality, and to which the Water Division of the Municipality does not provide water for household use. The Village Manager shall adopt and promulgate any rules necessary to implement the credit set forth in this Section. The credit provided for in this Section shall be paid from the Village’s General Fund and shall apply for calendar year 2008 only.”
To limit the total number of credits:
Add after the first sentence of proposed Section (d), the following:
“The total amount paid or credited under this Section to any one person or entity, as shown on the records of the Water Division, shall not exceed $300.”
Councilmember McGowan stated that his goal has been to give a little bit of money back to the taxpayers from the Village’s overage and to encourage the credit to be spent locally. He stated that some concerns were raised regarding the cost to the Village and whether all residents in the Village would receive a credit. He stated that with the proposed amendment, those concerns would be addressed. Councilmember Mershon questioned the word “situated” in Section (d). He questioned if the credit was only limited to those residents within the Village. Law Director Crites stated that was the intention of the ordinance – to provide a credit limited to residents within the municipality. Councilmember McGowan stated that the amendment to limit the number of credits to any one entity would save the Village another $12,000. Councilmember Tegtmeyer asked the number of non-serviced residents. Councilmember McGowan responded that he was unsure, but he guessed it to be under fifty (50). Councilmember Tegtmeyer asked if the Erinwood Condominiums would receive a credit and did each condo pay their own water bill. Manager Holycross indicated that the bill was mailed to the Erinwood Condominium Association for twenty-three (23) meters. Councilmember O’Keefe questioned if some people living in the complex would not receive a credit. Councilmember McGowan stated that if a specific individual was associated with a water meter, they would receive the credit. Councilmember Mershon wondered if the Association collected money and issued one payment. Manager Holycross said he was unsure and with the proposed amendment, the Condominium Association would only be entitled to three credits. Councilmember Mershon stated that there possibly could be a rush to change names on the water meter bills before June 1.
Jack Thornborough, 13 Donald Ross Drive, questioned if the amendment would be discussed without a public hearing. Law Director Crites stated that Ordinance No. 04-08 has been advertised to the public and a public hearing was held. He went on to say that Council is clearly permitted to amend any Ordinance that was before them. Council also had the ability to table the Ordinance if additional time was needed for review.
Councilmember O’Keefe stated that there would be an approximate reduction in the general fund of $150,000. She also indicated that no comments were heard in support of this Ordinance. Additionally, the senior citizen’s, with whom she had spoken, would prefer that the funds be used in support of the senior center. Councilmember Tegtmeyer stated that she was not sure of the actual amount that would be used from general fund given the variety of permeations discussed. Councilmember McGowan stated that he believed the amount utilized for a credit would be between $145,000 - $155,000, which was below the original estimate. Manager Holycross agreed that this range seemed accurate. Councilmember Tegtmeyer stated that she received several comments from residents who were not supportive of the credit and preferred that the funds be utilized for street and sewer repairs. Vice Mayor Herman stated that he was troubled by the fact that not one single resident of the Village appeared to speak in support of the Ordinance. He stated that the Village has expended resources researching this legislation and the previous tax credit legislation without evidence of residential support. Vice Mayor Herman asked the basis for initiating this second Ordinance without community support. Councilmember McGowan stated that the residents and local businesses he had spoken with were in support of the tax credit, but felt embarrassed and uncomfortable appearing before Council. Councilmember McGowan stated that any street problems were being addressed with monies budgeted for this year. He added that any problems with the sewer had already been addressed and the Village does not need to put any more money into the sewer system currently. Manager Holycross stated that there are no plans to make any changes to what has been currently budgeted at this time. Councilmember McGowan stated that he viewed the tax credit as a way to give back to the taxpayer. He stated that some individuals may not consider $100 to be a lot of money, but it could have an impact if spent locally. He suggested that if residents did not need the extra $100, it could be donated to the Village or given to charity. Councilmember McGowan stated that he apologized if people were not standing before Council saying “give me a hundred dollars.”
Roll Call Vote on Ordinance No. 04-8 as amended: Barsky (no), McGowan (yes), Mershon (yes), O’Keefe (no), Tegtmeyer (no), Herman (no), Hartfield (no). Motion did not carry 5-2. Ordinance No. 04-08 was not adopted.
Ordinance No. 05-08, An Ordinance to Approve the Development Plan for Jeanne Crumrine for the Vacant Lot Located on Speedway Drive and Owned by the Marathon Petroleum Company, LLC, with Conditions, was introduced by Councilmember Barsky. Second by Councilmember O’Keefe.
Councilmember Barsky questioned how much of the 1.6 acres was buildable and how much was in the flood plain. Planner Alison Terry explained that a small portion of the property was within the flood plain. She indicated that she could provide a map depicting the area. Councilmember Barsky inquired as to Planning Commission’s rationale to permit the lot coverage to be increased to 60% lot coverage, rather than 50% lot coverage. Ms. Terry stated that the Planning Commission felt the proposed increase to 60% was not excessive given the design of the building and the proposed landscaping. She added that the Planning Commission reviewed the guidelines and determined that the lot coverage requirement of 50% in the Suburban Business District was a restriction that may be imposed, but was not required. She indicated that the applicant met all of the other density and lot coverage requirements. Councilmember Barsky asked what type of occupancy was used to determine the parking coverage. Ms. Terry stated that a restaurant required one space for every 200 square feet of space. The applicant would not have enough spaces to permit three restaurant uses. Councilmember O’Keefe asked if there had been any traffic impact studies. Ms. Terry reported that former Village Planner Chris Strayer had requested Doyle Clear to complete a revised traffic analysis. She stated that in January of 2008, the applicant’s plans were submitted to Mr. Clear. He indicated that the plan may exceed the projected volume figures, but the increase from a 4,400 square feet building to a 5,000 square feet building would not be of substantial impact to the existing traffic studies. Councilmember Barsky questioned if Mr. Clear’s recommendations were based on the facility not utilizing drive-thrus. Ms. Terry stated that the other two businesses have not yet been named and cannot have a drive-thru. Mayor Hartfield asked, in the event that a potential business required a drive-thru, how would the application be affected. Ms. Terry stated that the entire layout of the proposal would be affected as this plan does not provide for or indicate a drive-thru. Councilmember Barsky questioned how the twenty-six (26) parking spaces were determined. Ms. Terry stated that the PCD (Planned Commercial District) did not outline a specific minimum or maximum parking space requirement. She stated that if the Planning Commission chose to use the SBD (Suburban Business District) requirements, twenty-one (21) parking spaces would have been required. Vice Mayor Herman questioned if enough parking spaces were allotted for two restaurants in this plan. Ms. Terry indicated in the affirmative. She later clarified that if there were three restaurants located in this building, twenty-six (26) parking spaces would not be sufficient. Councilmember McGowan stated that it was unlikely that the owner would lease to a competitor next door to Quiznos. Councilmember Barsky asked about the retention basin. Ms. Terry stated that the applicant would use the basin that serves Speedway and Arby’s. She indicated that at this time no problems were anticipated by this additional usage. However, the Village had the ability to require that the basin be increased or the area covered by asphalt be reduced. Village Engineer Jerry Turner stated that he did not anticipate any issues with the basin. Councilmember Barsky inquired as to toxicity levels from the asphalt entering into Raccoon Creek. Mr. Turner stated that he did not believe any toxicity levels would generate any problems. Councilmember O’Keefe questioned if a six inch pipe for the sanitary sewer would be sufficient. Ms. Terry indicated that the six-inch pipe connected to an existing eight-inch sewer pipe. Councilmember Barsky stated that documentation provided mentioned recommendations from the Tree and Landscape Commission; however, that information was not included in her packet. Ms. Terry provided that information to Councilmember Barsky. The recommendations suggested changing plantings to species that would not be favored by deer. The applicant, Ms. Crumrine, stated that she had no objection to comply with the recommendations made by the Tree & Landscape Commission. Ms. Terry stated that the signage for this project would be submitted as a separate application.
Roll Call Vote on Ordinance No. 05-08: McGowan, Tegtmeyer, Barsky, Mershon, O’Keefe, Herman, Hartfield. Motion carried 7-0. Ordinance No. 05-08 was adopted.
Resolution No. 08-20, A Resolution To Award the Contract for the 2008 Street Improvement Projects, as per Specifications, and to Authorize the Village Manager to Enter into an Agreement Therefor was introduced by Councilmember Tegtmeyer. Second by Councilmember O’Keefe.
Manager Holycross clarified that the resolution in Council’s folder was the most current version of the Resolution. He stated that Engineer Jerry Turner and Service Director Terry Hopkins were available to answer any questions or concerns. Mayor Hartfield inquired about Section (f) pertaining to curb ramps and sidewalk improvements. Mr. Hopkins explained the necessary improvements were to provide handicap accessibility. He added that state law requires the Village to upgrade all sidewalks and curbs to meet handicap accessibility standards when any road maintenance was done. Council discussed the recommendations for improving crosswalks by adding brick as suggested in the 2004 Walkability study. Mr. Hopkins indicated that he would investigate less expensive alternatives to brick crosswalks such as stamped concrete and thermo painting. He stated that brick crosswalks look nice, but was expensive to maintain.
Mayor Hartfield asked Engineer Turner if he had any comment as to why a number of the contractors did not submit bids on several of the projects. Mr. Turner indicated that particular contractors specialize in specific types of business and would subcontract projects that were outside their area. Councilmember Barsky noted that the original estimate for the project was approximately $1.1 million, while the bids totaled $675,000. Mr. Turner indicated that the early bid process as well as contractors needing work accounted for the lower bids. Councilmember McGowan asked how much had been appropriated for this project. Manager Holycross indicated that approximately $620,000 had been allocated. Mr. Turner stated that by postponing the Wexford Drive project because of sub-base issues allowed the Village to include other projects such as Elm Street. Councilmember Mershon stated that $80,000 was estimated to cover the cost of paving the Bryn Du Mansion parking lot, but the bid came back in the mid $40,000. Manager Holycross stated that the funding of this project would be covered by funds allocated to the Bryn Du Mansion Commission.
Roll Call Vote on Resolution No. 08-20: Tegtmeyer, O’Keefe, Mershon, McGowan, Barsky, Herman, Hartfield. Motion carried 7-0. Resolution No. 08-20 was adopted.
Ordinance No. 06-08, An Ordinance To Amend Ordinance No. 20-07 providing for Adjustments of the Annual Budget for Fiscal Year 2008 and Revising Sums for Operating Expenses was introduced by Vice Mayor Herman. Second by Councilmember Barsky.
Mayor Hartfield set the public hearing for Ordinance No. 06-08 for April 16, 2008.
REVIEW OF MINUTES
Regularly Scheduled Meeting of March 19, 2008
Councilmember Tegtmeyer made a motion to approve the minutes as amended. Second by Councilmember Barsky. Motion carried 7-0.
Economic, Finance, Personnel Committee (EFP) – (Herman, Mershon, Tegtmeyer)
Granville Foundation – (Tegtmeyer)
Light, Safety, Sts/Sidewalks, Utility Committee (LSSU) – (Hartfield, Herman, McGowan)
Planning Commission – (O’Keefe)
Councilmember O’Keefe reported that a sign was approved for a tarot card business on Cherry Valley Road. Two additional signs were approved for the Cherry Valley Professional Partners with the condition that one of the signs would need a variance due to the increased size. Councilmember O’Keefe stated that an application for an addition to a home located on Shepherdson Court was also approved. She added that an application from Keith Myer’s for the addition of a shed to the rear of his property was approved. Councilmember O’Keefe stated that George Fackler applied for approval of two signs; one sign was approved without modification. She indicated that Mr. Fackler requested a fourteen foot high wall sign that the Planning Commission only approved a horizontal sign with additional square footage and colors.
Planning & Zoning Committee – (Barsky, Mershon, O’Keefe)
Recreation Commission – (McGowan)
Councilmember McGowan reported that the Commission met on April 1st. He stated that the spring and early summer schedules were now available with registration forms available on the website. Councilmember McGowan indicated that the Commission would be working on cleaning-up Raccoon Park. He reported that the basketball program had the highest participation level ever. Councilmember McGowan also stated that there was new parking available at McPeek Lodge.
Tree & Landscape Commission (Barsky)
Union Cemetery (Mershon)
Joint Granville Township and Village Council Meeting
Vice Mayor Herman made a motion to hold a joint Granville Township and Village Council meeting on May 7, 2008. Second by Councilmember Barsky.
Motion carried 7-0.
OTHER COUNCIL MATTERS
Mayor Hartfield stated that she was asked to present a Proclamation for Hospice recognizing “Health Care Decisions Day.”
Councilmember Barsky asked if Council appointments to the Charter Review Committee could be made prior to fall and the budget process. Manager Holycross indicated in the affirmative.
Councilmember Barsky noted the update from Manager Holycross regarding the removal of trees along State Route 16.
Councilmember Barsky noted the update from Poggemeyer. Councilmember Tegtmeyer asked if she could be provided with any open space, green space or environmentally sensitive property information. Councilmember Barsky stated that Councilmember Tegtmeyer may also want to reference the environmental report.
Councilmember Mershon inquired as to the School Board appointment to the Planning Commission. Manager Holycross indicated no recommendation had been received. Mayor Hartfield asked if a deadline can be given to the School Board for that selection. Mr. Riffle originally agreed to stay on temporarily until someone was found in January, it is now April.
Council asked that Time Warner be made aware that Joe Hickman was no longer the Village Manager because their written correspondence with the Village still lists him as holding this position.
Councilmember O’Keefe stated that the Granville Fellowship Celebration will be Saturday, April 5th from 4:00 – 7:00pm. She indicated that almost 200 people were expected to attend. Candi Moore would be giving a presentation about the new Senior Center proposed for the Bryn Du Carriage House.
Mayor Hartfield noted the forum held at First Baptist Church by Denison University was well attended by Village staff. Councilmember O’Keefe stated that her husband was very impressed by the excellent presentation made by Officer Susie Dawson. Councilmember Tegtmeyer inquired as to the next step and indicated that Council should move forward by some means. Councilmember O’Keefe suggested that perhaps a future Council meeting could be held on the Denison University campus.
Dan Bellman stated that Service Director Terry Hopkins does a superb job working with the community. He would also would like it noted to this Council that Mr. Hopkins does a phenomenal job.
(Mayor Hartfield and Councilmember O’Keefe recused themselves from the Executive Session and the remainder of the Council meeting at 9:05 PM. Mayor Hartfield stated that she had a discussion with the Ohio Ethics Commission. They advised her to continue to recuse herself from discussions pertaining to the appeal of Cleveland Hall.)
Vice Mayor Herman moved to enter into Executive Session, pursuant to ORC 121.22(G)(121.22(G)(3) “To conference with the attorney for the Village concerning disputes involving the Village that are the subject of pending litigation.” Second by Councilmember Mershon.
Roll call vote: Barsky, McGowan, Mershon, Tegtmeyer, and Vice Mayor Herman. Time in: 9:07pm Motion carried 5-0.
Councilmember Barsky moved to return to regular session. Second by Councilmember McGowan
Roll call vote: Barsky, McGowan, Mershon, Tegtmeyer, and Vice Mayor Herman. Time out: 9:42 pm. Motion carried 5-0.
Councilmember Mershon made a motion to direct the Law Director to file a notice of appeal in the Cleveland Hall case and prosecute an appeal. Second by Councilmember Tegtmeyer.
Discussion: Councilmember Barsky stated that she did not believe the filing of an appeal would be in the best interest of the Village. She indicated that the Village carried the matter through the initial appeal and the current issue should be Denison’s call. Councilmember Tegtmeyer wondered whether it was important to continue defending the current Village ordinances. She stated that she did not believe that the Village’s zoning code, on this particular issue, was very clear. She indicated that it was a difficult decision to know how to move forward as the time to appeal was limited. Councilmember Mershon commented that he did not see this issue as a matter of taking sides, but rather protecting Council’s process to make decisions. He stated that he did see a purpose in pursuing an appeal. Councilmember Mershon expressed concern that Council should promote and protect the deliberation process used by Village bodies. Vice Mayor Herman stated that he did not support spending additional Village resources to pursue a further appeal of a decision made by Judge Spahr. He further stated that the Village spent resources to pursue the original appeal and should not spend further resources to mediate issues between the appellants and Denison University. He further indicated that it was not a lack of support for either party, but Council should now step back and let the process play-out. Councilmember Barsky stated that she did not see the appeal as a process issue because the Planning Commission and Council had difficulty in making the decision. She indicated that the Judge reiterated that the process was not the problem, but the incomplete and perhaps poorly worded zoning code was the issue. Judge Spahr did not question the process, but the problem was with the language of the code. Councilmember Tegtmeyer indicated that whether or not the Village chose to appeal this decision, she hoped that the two parties involved could come to a peaceful resolution in the shortest amount of time.
Roll Call Vote: Mershon (yes), Barsky (no), McGowan (yes), Tegtmeyer (no), Herman (no).
The motion did not carry (3-2). Motion to appeal fails. Vice Mayor Herman stated there was no further authorization to proceed with an appeal.
ADJOURNMENT (9:50 PM)
Councilmember McGowan moved to adjourn. Second by Councilmember Mershon. Motion carried, 5-0. Meeting adjourned.