Granville Community Calendar

Council Minutes August 6, 2008

VILLAGE OF GRANVILLE

COUNCIL MINUTES

August 6, 2008

 

CALL TO ORDER (by Mayor Hartfield at 7:32 pm)

 

PLEDGE OF ALLEGIANCE

 

ROLL CALL

            Those responding to the roll call were Councilmembers Barsky, McGowan, Mershon, Tegtmeyer, Vice Mayor Herman, Mayor Hartfield, Manager Holycross, and Acting Law Director Gorry.

 

Councilmember Barsky made a motion to excuse Councilmember O’Keefe.  Second by Councilmember McGowan.  Motion carried (6-0) 

 

APPROVAL OF AGENDA

Vice Mayor Herman moved to approve the agenda as presented.  Second by Councilmember McGowan.  Motion carried (6-0).   

 

CITIZENS COMMENTS (7:33 pm)

 

Harold Greten, 367 Gwenol Lane, spoke to address water issues in Bryn Du and the Colony area.  Mr. Greten indicated that he noticed an increase in sump pump usage and water in resident’s basements beginning in 2007.  Mr. Greten, a geologist by occupation, indicated that there were two water sheds that run into the Bryn Du area from the Welsh Hills Road area and Fanchion Lewis Park.  He described how the water saturates the ground and causes the water table to increase causing basements to flood and sump pumps to run continuously for days.  Mr. Greten suggested that a resolution to this problem would be to increase the size of the storm sewer pipe that would allow the water shed flow to drain into the storm sewer. Mayor Hartfield indicated that this issue should be discussed by the Lights, Safety, Streets/Sidewalks and Utilities Committee.  She also indicated that Ordinance 13-08, being introduced tonight, was connected to this issue.  Manager Holycross indicated that Ordinance 13-08 was being introduced to permit a hydrologist to install monitoring wells to complete a survey to determine the source of this water and any fluctuation of the water table.  Vice Mayor Herman asked if there were other options to resolve this problem as such installing a larger pipe.  Manager Holycross indicated that this study will help determine how best to proceed to resolve this problem. 

 

Dan Bellman, 317 Summit Street, responded to Mr. Greten’s comment regarding the installation of a larger pipe in the Bryn Du area.  He indicated that changing the pipe size would probably not be the solution as those pipe sizes were designed to meet specific needs. The solution may be to prevent the water from sinking into the ground. 

Mr. Bellman also wanted to comment on the Gateway Zoning District.  He rhetorically asked Council if they had recently reviewed or read the 1998 Comprehensive Plan.  He indicated that the Suburban Business District zoning code was written and included as part of that comprehensive plan.  Mr. Bellman expressed his belief that Council was leading the Village in a direction opposite of what the 1998 Comprehensive Plan recommended.  He specifically cited a portion of the Comprehensive Plan, page 10, “To maintain the small-town character of the Village and to preserve downtown as its commercial, social and cultural hub, development must avoid the strip shopping centers, malls, and freestanding retailers that typify urban sprawl.  The major purpose of commercial development shall be to provide space for businesses that primarily serve the needs of the local community rather than those of the regional and transient markets.”  Mr. Bellman indicated that he believed this zoning initiative as well as development plans currently being considered were creating these types of markets.  Mr. Bellman also cited that maximum building size square footage should not exceed 10,000 square feet and a maximum single tenant size of 5,000 square feet.  The proposed zoning exceeded the recommended single tenant size.  Mr. Bellman provided Council with a summary of issues that were in conflict with the existing 1998 Comprehensive Plan.

 

Mayor Hartfield closed Citizens’ Comments at 7:47 PM

 

PRESENTATION

 

            Jean Hoyt, 117 Locust Place, came before Council to provide follow-up information regarding a spay and neutering program for feral cats located in and around the Granville Mill.  Ms. Hoyt requested financial support from the LSSU Committee to begin a trap, neuter and release program for a feral cat colony of approximately twenty to thirty cats.  She encouraged Council to approve funding for the program.  She advised that Dr. Morrison, a local veterinarian who was in support of this program and willing to provide the necessary veterinary services for this program at a reduced cost, would not be able to attend the meeting.  Ms. Hoyt reported to Council that the trap, neuter and release program was effective in other communities and was the most humane and effective method to resolve a feral cat problem.  Ms. Hoyt indicated that she currently has ten to twelve volunteers to help with trapping the cats, three volunteers who will feed the released cats at their cost, and were in the process of locating a new site for the cats to be released. 

 

Councilmember Mershon asked if a location had been secured yet.  Ms Hoyt indicated that she was waiting to hear from one local business, but, as of tonight, no location ad been determined.  Ms. Hoyt reported that the best solution was to release the cats as close as possible to their existing location.  Manager Holycross indicated that the Granville Mill property owner had indicated that the cats cannot be returned to that property. 

 

Councilmember Barsky asked Ms. Hoyt if there were other cat colonies in the Village. Ms. Hoyt indicated that there were no other organized colonies; however, cats from this existing colony have been spotted in the downtown area.  Ms. Hoyt also indicated that she was trying to implement this program as quickly as possible before additional litters were born.  She also indicated that Dr. Morrison will check each cat for rabies, HIV, and feline leukemia. 

 

Vice Mayor Herman advised Council that the LSSU Committee estimated that the total cost of this program could be $1,500.  The Committee recommended providing $750 toward the program with matching funds being raised through community efforts. 

 

Councilmember Mershon suggested that staff provide a summarized evaluation of the pros and cons of this type of program.  He indicated that through his research, he found that this type of program was found to be unsuccessful and not recommended by a variety of groups including the National Fish and Wildlife Foundation who believe these cats were responsible for the death of many local bird populations.  Councilmember Mershon also indicated his concern for potential liability issues for maintaining a cat colony on public property.  Councilmember McGowan also expressed concern about perpetuating a cat colony on Village property. 

 

Vice Mayor Herman also expressed concern about the program and acknowledged that it might not be the best possible solution.  However, as there was current community support and participation, he recommended that the Village make this one-time contribution. 

 

PUBLIC HEARING (8:10pm)

 

  1. , An Ordinance Authorizing the Village Manager to Provide Water Service for the New Maintenance Building to be Constructed by Granville Township on Columbus Road   

 

Jack Thornborough, 13 Donald Ross Drive, asked why the following clause was struck in all three ordinances scheduled for public hearing tonight.  (The clause was as follows:  “Whereas, the Council is committed to not providing water services outside the Village limits to stimulate or encourage the development of single family housing that could bring additional school age children to the Granville Exempted Village School District, and the proposed maintenance building would be consistent with that commitment; . . .”  He believed that this paragraph provided important justification for not providing sewer or water services to future applicants.   Councilmember Mershon responded that he suggested that clause be removed as he questioned whether the clause could be construed as discriminatory and in violation of federal law based on family status.  Mr. Thornborough indicated that a lot of time and effort was put into formulating that language to protect the Village.

 

  1. , An Ordinance Authorizing the Village Manager to Provide Sanitary Sewer Service for the New Maintenance Building to be Constructed by Granville Township on Columbus Road   

 

No one appeared to speak for or against Ordinance No. 10-08. 

 

  1. , An Ordinance Authorizing the Village of Granville To Extend Sanitary Sewer Services to the Owens Corning Property, 2790 Columbus Road, for the Purpose of Supporting the Development of the Granville Science and Technology Complex   

 

Bill Wernet, 347 Granger Street, expressed his support for the ordinance and the collaboration between the Village and Township in an attempt to bring high tax paying, low infrastructure type of businesses to the area.

 

Mayor Hartfield closed the public hearing at 8:23pmpm

 

OLD BUSINESS

 

  1. , An Ordinance Authorizing the Village Manager to Provide Water Service for the New Maintenance Building to be Constructed by Granville Township on Columbus Road

 

Discussion:

Councilmember Barsky expressed concern about the removal of the language which limits the extension of Village water and sewer services.  She suggested adding language that was not as explicit and recommended the following language:  “Whereas, the Council is committed to not providing water service outside the Village limits that would adversely impact the economic vitality and quality of life of the community in the proposed maintenance building would be consistent with that commitment.”  Councilmember Barsky felt this language would lessen the potential impact of future requests, leave the Village a choice in extending services in the future and help maintain the quality of Village life.  Councilmember Tegtmeyer asked if there would be any adverse affect to including this newly proposed language.  Acting Law Director Gorry indicated that the new language would not cause the potential for problems that were posed by the previous language.

 

Councilmember Barsky moved to amend Ordinance No. 09-08 by inserting a third “Whereas” clause that read:  “Whereas, the Council is committed to not providing water services outside the Village limits to stimulate or encourage development that would adversely impact the economic vitality and quality of life of the community, and the proposed maintenance building would be consistent with that commitment.”  Second by Councilmember Mershon. 

 

Vote on the motion to amend Ordinance 09-08.  Motion carried 6-0.

Councilmember Mershon had a question as to why language was included indicating that the Township Trustees would not oppose annexation to the Village.  Councilmember Mershon questioned why the language was not stated as a commitment to agree to annexation.  Manager Holycross indicated that in his discussions with the Township Trustees, they indicated a preference not to make a commitment to initiate any annexation action; however, they would not oppose annexation.  Trustee Fred Abraham addressed Council.  He indicated that indeed the Granville Township Trustees would not oppose annexation, but they would not apply for annexation.    Several Councilmembers indicated their concern that the Trustees will not commit to annexation.  Councilmember Mershon suggested that perhaps more effective language could be developed.  He felt these three ordinances, as presented, will effectively kill the Village’s ability to negotiate a JEDD and the ability to annex property along the Columbus Road area in the future. 

 

Councilmember Barsky asked if the facility would be visible from State Route 16.  Trustee Abraham indicated that there would be very little o the building visible from the roadway.

 

Roll call vote to approve amended Ordinance 09-08: Barsky (yes), McGowan (yes), Mershon (yes), Tegtmeyer (yes), Herman (yes), Hartfield (yes).  Motion carried 6-0. 

 

  1. , An Ordinance Authorizing the Village Manager to Provide Sanitary Sewer Service for the New Maintenance Building to be Constructed by Granville Township on Columbus Road

 

Discussion:

Manager Holycross explained that new language had been added to the ordinance that included the contingency clause in Section 3.  Mayor Hartfield asked Trustee Abraham if he was aware of the added clause.  Trustee Abraham indicated in the affirmative.

 

Councilmember Barsky moved to amend Ordinance No. 10-08 by inserting a third “Whereas” clause that read:  “Whereas, the Council is committed to not providing utility services outside the Village limits to stimulate or encourage development that would adversely impact the economic vitality and quality of life of the community, and the proposed maintenance building would be consistent with that commitment.”  Second by Councilmember McGowan. 

 

Vote on the amendment to Ordinance 10-08. Motion carried 6-0.  The amendment to Ordinance 10-08 was adopted. 

 

Roll call vote to approve amended Ordinance 10-08: Barsky (yes), McGowan (yes), Mershon (yes), Tegtmeyer (yes), Herman (yes), Hartfield (yes).  Motion carried 6-0. 

 

  1. , An Ordinance Authorizing the Village of Granville to Extend Sanitary Sewer Services to the Owens Corning Property, 2790 Columbus Road, for the Purpose of Supporting the Development of the Granville Science and Technology Complex

 

Manager Holycross explained that new language had been added to the ordinance that included the contingency clause in Section 2.  Mayor Hartfield asked Village Manager Holycross if Owens Corning had reviewed this ordinance.  Manager Holycross indicated that Owens Corning had received a copy of the ordinance earlier in the week and was advised to contact the Manager if there were any problems with the language.  Manager Holycross indicated that Owens Corning had not made a request for any changes. 

 

Councilmember Barsky asked if Owens Corning requested that paragraphs one and four be deleted from the ordinance.  Manager Holycross indicated in the affirmative.  He added that most of the individuals that were provided copies of the ordinance to review suggested that both those paragraphs be removed. 

 

Councilmember McGowan recommended that the language in this ordinance be more direct in requesting that Owens Corning be required to annex when requested.  Council agreed with Councilmember McGowan’s suggestion, but would prefer to include any annexation language as part of the contract, not as part of the ordinance.

 

Councilmember Mershon asked Manager Holycross if he discussed Owens Corning’s willingness to accept service from the Village.  Manager Holycross indicated in the affirmative that Owens Corning indicated their preference for the Village of Granville to provide services.  However, they indicated they would first need to evaluate any restrictions outlined by the Village versus other possible options.  Councilmember Mershon asked if terms, conditions or costs had been discussed.  Manager Holycross indicated that the only costs discussed were for the installation of the necessary infrastructure, which was about $400,000 less than Southwest Licking. 

 

Councilmember Mershon asked if there was a time sensitivity issue regarding amending the application.  Councilmember Barsky indicated that in discussions with Poggemeyer, they indicated a willingness to amend the application.  Councilmember Mershon asked if that decision was also a Township Trustee decision.  Councilmember Barsky indicated the Township Trustees were also supportive of that position.  Councilmember Mershon asked Township Trustees Abraham and Habig if that statement was correct.  Township Trustee Habig responded that the Township would prefer to work with the Village, but were looking to Owens Corning to advise the Trustees if the conditions were acceptable.  Councilmember McGowan indicated that if there were issues that were unacceptable, the Village would be willing to negotiate terms.  Township Trustee Habig responded that it was really Owens Corning’s business decision to make.  Councilmember Mershon indicated that an agreement would still need to be negotiated with Owens Corning including the issue regarding annexation.

 

Councilmember Barsky moved to amend Ordinance No. 10-08 by inserting a third “Whereas” clause that read:  “Whereas, the Council is committed to not providing utility services outside the Village limits to stimulate or encourage development that would adversely impact the economic vitality and quality of life of the community, and the proposed agreement with Owens Corning would be consistent with that commitment.”  Second by Councilmember Tegtmeyer. 

 

Vote on the amendment to Ordinance 11-08. Motion carried 6-0.  The amendment to Ordinance 11-08 was adopted. 

 

Roll call vote to approve amended Ordinance 11-08: Barsky (yes), McGowan (yes), Mershon (yes), Tegtmeyer (yes), Herman (yes), Hartfield (yes).  Motion carried 6-0. 

 

Councilmember Barsky asked that Manager Holycross contact Mr. Phil Honsey of Poggemeyer to draft an agreement with Owens Corning to advise them of the new language of this ordinance, provide the cost of engineering and the cost of sewer services.

 

Mayor Hartfield recused herself from the Gateway Zoning District discussion

 

Ordinance No. 07-08, An Ordinance Enacting Chapter 1173 and Amending Chapter 1189 of the Codified Ordinances to Establish Zoning Regulations for the Village Gateway District was motioned to be removed from the table by

Councilmember McGowan.  Second by Councilmember Tegtmeyer.

 

Vote to remove Ordinance No. 07-08 from the table. Motion carried 5-0.  Ordinance No. 07-08 was removed from the table. 

 

Discussion:

Vice Mayor Herman recommended that the discussion continue regarding the four majors issues yet to be resolved.

 

Drive Throughs

Vice Mayor Herman asked why the word alcohol was added to the language in this section.  Planner Terry indicated that the language was added from discussions of the Planning and Zoning Committee.  Planner Terry indicated that the language was superfluous.  Councilmember McGowan indicated that this language was not similar to language in the Suburban Business District.  Councilmember McGowan moved to remove the word alcohol from the draft.  Second by Councilmember Mershon.  Councilmember Mershon indicated that that language in this draft was consistent with the Suburban Business District and the 1998 Comprehensive Plan. 

Vote to remove alcohol from the draft ordinance.  Motion carried 5-0.

Councilmember Barsky questioned if the language providing for signage at thirty (30) square feet was too large.  Council recommended removing the signage section from the drive through section and using the existing sign zoning to regulate signage issues.

 

Lighting

Councilmember Barsky expressed concern regarding the consistency of lighting regulations with other zoning districts.  Planner Terry indicated that only the Suburban Business District zoning specifically addressed lighting requirements.  Manager Holycross indicated that Council was provided with a copy of the Village’s external standards and guidelines regarding exterior lighting.  He recommended incorporating this language as an exhibit to this zoning district.  Manager Holycross also recommended the twenty-five (25) footcandles limit be reduced to five (5) footcandles.  Manager Holycross also recommended that a comprehensive external lighting section be added to the overall Village code in the future. 

 

Councilmember Mershon moved to adopt the inclusion of the external lighting standards and guidelines exhibit to the end of the lighting section and change twenty-five (25) footcandles to five (5) footcandles.  Second by Councilmember McGowan. 

 

Vote to add the external lighting standards and guidelines exhibit to the end of the lighting section and change twenty-five (25) footcandles to five (5) footcandles.  Motion passed (5-0).

 

Freestanding Signs

Manager Holycross indicated that Council discussed reviewing the section regarding freestanding signs in a residential district.  Councilmember Mershon asked if that language was in the current Suburban Business District.  Manager Holycross indicated in the affirmative.  Planner Terry indicated that this type of residential sign was currently requested even though the overall signage size was limited.  Council determined that the language was acceptable. 

 

Vice Mayor Herman asked if the language regarding neon signs was acceptable.  Planner Terry indicated that the language was sufficient.  Council agreed

 

Maximum Single Tenant

Vice Mayor Herman indicated that Council asked staff to work on language to resolve the issue of potential problems of maximum single tenant size and in mixed usage applications.  Planner Terry indicated that Council was provided suggested language to resolve this issue which added a restriction of a maximum single tenant of 10,000 gross square feet for retail usage.  Councilmember Mershon moved to amend the language to the 1173.03 Maximum Single Building Size to the language provided.  Second by Councilmember McGowan.

 

Vote to amend the language to the 1173.03 Maximum Single Building Size to the language provided.  Motion passed (4-1).

 

Vice Mayor Herman indicated that Council had reviewed all areas of this ordinance.

 

Councilmember Mershon moved for the adoption of Ordinance 07-08 as amended.  Second by Councilmember McGowan.

 

Councilmember McGowan asked if there were any other changes that anyone else wanted to address.   Councilmember Barsky questioned the issue regarding sidewalk widths in this district.  Vice Mayor Herman indicated that Council had agreed that the six (6) foot width was a minimum, but wider sidewalk areas would be encouraged. 

 

Vice Mayor Herman indicated that in order to keep the process moving forward, the ordinance was cohesive enough to put to a vote.

 

Roll call vote to approve Ordinance 07-08 as amended: Barsky (yes), McGowan (yes), Mershon (yes), Tegtmeyer (yes), Herman (yes).  Motion carried 5-0. Ordinance 07-08 was adopted as amended at 9:27pm.

 

Councilmember Mershon asked if the next step was to discuss how utilities will be extended to this area as well as the cost of the infrastructure improvements.  Councilmember Tegtmeyer asked if part of that process would be based on the interest of the existing property owners in requesting annexation.  Councilmember Mershon requested that staff provide recommendations as to the cost to extend infrastructure services along Main Street and to the entire area at the next meeting.

 

Mayor Hartfield returned to the Council meeting.

 

NEW BUSINESS

 

Ordinance No. 12-08, An Ordinance Adopting Permanent Zoning (Open Space District) for the 514 +/- Acres That Were Annexed to the Village in 2007 was introduced by Councilmember Barsky.  Second by Councilmember McGowan. 

 

Mayor Hartfield set a public hearing for Ordinance 12-08 for September 3, 2008.

 

Ordinance No. 13-08, An Ordinance to Amend Ordinance No. 20-07 Providing for Adjustments of the Annual Budget for Fiscal Year 2008 and to Revise Sums for Operating Expenses was introduced by Vice Mayor Herman.  Second by Councilmember Tegtmeyer. 

 

Mayor Hartfield set a public hearing for Ordinance 13-08 for August 20, 2008.

 

REVIEW OF MINUTES

 

Regularly Scheduled Meeting of July 16, 2008

Councilmember McGowan made a motion to approve the minutes as amended.  Second by Councilmember Barsky.   Motion carried 6-0.

 

Mayor Hartfield indicated that Councilmember Mershon left the meeting at 9:35pm.

 

COMMITTEE REPORTS   

 

Economic, Finance, Personnel Committee (EFP) – (Hartfield, Herman, Tegtmeyer) 

The Committee’s next meeting is scheduled for Monday, August 25th at 7:00am.

 

Granville Foundation – (Tegtmeyer)

Councilmember Tegtmeyer reported that the Foundation members would be holding a retreat on August 9th.

 

Light, Safety, Sts/Sidewalks, Utility Committee (LSSU) – (Herman, McGowan, O’Keefe)

Councilmember McGowan indicated that the minutes from the Committee’s last meeting were included in the Council packet.  The Committee discussed the issue of feral cats, parking along Jones Road, pot holes in the Erinwood subdivision, and the forthcoming pathway survey. 

 

Planning Commission – (O’Keefe)

Mayor Hartfield indicated the minutes from the most recent Planning Commission meeting were included in the Council packet.

 

Planning & Zoning Committee – (Barsky, Hartfield, O’Keefe)

No Report.

 

Recreation Commission – (McGowan)

No Report

 

Tree & Landscape Commission (Barsky)

No Report.

 

Union Cemetery (Mershon)

No Report.

 

OTHER COUNCIL MATTERS

 

Mayor Hartfield set the date for Granville Trick or Treat for Thursday, October 30th from 5:30 – 7:00pm.  Councilmember McGowan asked staff to make sure the issue of everyone’s safety was reviewed in regard to the use of shaving cream and youth activity in the downtown area.

 

Mayor Hartfield asked if Council wanted to address the feral cat issue.  Vice Mayor Herman indicated his support to provide $750 as suggested by the LSSU Committee toward the proposed program.  Councilmember Tegtmeyer indicated her support to try the program.  Councilmember Barsky asked staff to review the program and determine the best possible alternative or solution.  Councilmember McGowan suggested that the funds be held until the release location was determined and approved. 

 

Vice Mayor Herman moved to appropriate $750, on a one-time basis, to be made available, with an expectation of matching funds, to address, along with volunteers in the Village, the feral cat situation in the service district.  Second by Councilmember Tegtmeyer. 

 

Councilmember Tegtmeyer asked if a staff person was available to provide an evaluation of the program and outcome.  Councilmember Barsky asked staff to determine if the release area would be appropriate prior to releasing funds.

 

Vote to approve $750 for the trap, neuter and release feral cat program.  Motion carried 4-0-1.

 

ADJOURNMENT (9:48pm)

            Councilmember McGowan moved to adjourn the meeting.  Second by Councilmember Barsky.  Motion carried 6-0.  Meeting adjourned.

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