Granville Community Calendar

Council Minutes July 15, 2009

VILLAGE OF GRANVILLE

COUNCIL MINUTES

July 15, 2009

 

CALL TO ORDER (by Mayor Hartfield at 7:31pm)

 

PLEDGE OF ALLEGIANCE

 

ROLL CALL

Those responding to the roll call were Councilmembers Barsky, McGowan, Mershon, O’Keefe, Vice Mayor Herman, Mayor Hartfield, Manager Holycross, and Law Director Crites.

 

Councilmember McGowan moved to excuse Councilmember Tegtmeyer from the meeting.  Second by Councilmember Barsky.  Motion carried (6-0).

 

The minutes reflect that Councilmember Tegtmeyer arrived at 7:38pm.

 

APPROVAL OF AGENDA

Councilmember Barsky moved to strike New Business Section C – Presentation of Proposed Pre-Annexation Agreement and Related Development on Lancaster Road.  Second by Councilmember O’Keefe.  Mayor Hartfield clarified that Councilmember Barsky meant Section B.  Councilmember Barsky confirmed the motion was to remove New Business - Section B. 

 

Discussion:

Councilmember Barsky indicated that she wanted to remove the presentation, as it was not normal procedure for Council to introduce an ordinance that had not come through the Council committee process.  Councilmember Barsky recommended that the issue come before a Council committee.  Mayor Hartfield asked if the presentation should come before a Council Committee or full Council.  Councilmember Barsky indicated that the issues should come before a committee.  Councilmember Mershon questioned which committee should hear the presentation.  Councilmember Barsky indicated the issue should go through the Planning and Zoning Committee.  Ordinances that come before Council receive a recommendation from a committee prior to coming to Council.  Councilmember Mershon suggested that Council act as a committee-of-the-whole and hold several hearings.  He also suggested that the EFP Committee could hear the presentation.  Councilmember Mershon preferred to hear the presentation tonight as the individuals were here.  Councilmember Barsky indicated she understood that issue, but suggested that it not be during a Council meeting.  Councilmember McGowan suggested that Council hear the presentation and introduce the ordinance at a later meeting.  Mayor Hartfield indicated that as the property owners were in the audience, they could make a presentation during Citizen Comments and not introduce the ordinance. 

 

Mayor Hartfield called for a roll call vote:  Barsky – yes; McGowan – no; Mershon – no; O’Keefe – yes; Tegtmeyer – Abstention; Herman – yes; Hartfield – no. 

Motion failed (3-3-1).

 

Councilmember Mershon moved to approve the agenda as presented.  Second by Councilmember McGowan.  Motion carried (6-1).     

 

Mayor Hartfield advised Council that, after a discussion with the Senior Staff Attorney Jennifer Harden of the Ohio Ethics Commission and Law Director Crites, it was permissible for the Mayor to participate in the discussion and vote regarding the proposed pre-annexation agreement.

 

CITIZEN COMMENTS (7:40 pm)

 

Dennis Cauchon, 327 East Broadway, questioned why the annexation was on the agenda.  He stated that there had not been timely notice to adjacent property owners or an opportunity for others to make a presentation.  Mr. Cauchon stated that the plan presented does not meet zoning law and overrides all Granville zoning codes.  It also does not settle how the infrastructure costs would be handled.  The site plan looked like it had been drawn on a napkin.  The language in the agreement dictated what the property owner was going to do with this development.  The site plan showed a 20,000 square foot building, 15,000 square foot building, massive amounts of parking, ignored set backs, voided the transportation overlay corridor requirements and allowed the developers to set Village zoning law.  Mr. Cauchon stated that this proposal was a serious joke and an embarrassment to the Council.  He also stated that the agreement language required the Village to pay for the development of the roadways.  This agreement should be vetted before a presentation was made to Council.

 

Ben Rader, 130 West Broadway, suggested that the traffic calming policy be made retroactive to review previously implemented traffic calming measures.  Mr. Rader also suggested changing language in the policy to read shall instead of may.

Regarding the single trash hauler proposal, Mr. Rader suggested that the Village should not accept free trash service for the Village and utilize the savings to provide free toters for all Village residents. 

Mr. Rader also welcomed and encouraged Council to support the project proposed by Mr. Jack Lucks.

 

Sharon Sellitto, 215 South Cherry Street, complained about the former BP station on South Cherry Street being painted black.  She also thought more information should be obtained regarding the proposed annexation.

 

Mayor Hartfield closed Citizens Comments at 7:49pm

 

PUBLIC COMMENT REGARDING A PROPOSED SINGLE TRASH HAULER (7:50pm)

 

            Tom Baxter, 429 Mt. Parnassus, indicated that he moved to Mt. Parnassus on May 22, 2009.  He indicated that he had issues with his trash hauler since moving into the Village.  Mr. Baxter also indicated that he had a few suggestions regarding the definition of where trash pick-up would occur.  He recommended that the Village insure that there was a means by which problems would absolutely be resolved.

 

            Sharon Sellitto, 215 South Cherry Street, asked if there would be a discount for seniors.  Mayor Hartfield indicated that a discount was included in the specifications.  Ms. Sellitto asked if all trash haulers would be able to bid on this program.  Councilmember McGowan indicated that anyone would be eligible to bid.  Ms. Sellitto also asked if the reason for looking into a single trash hauler was allegedly to save our streets.  Mayor Hartfield responded that wear and tear on Village streets was not the only reason for looking into a single trash-hauling program.  Councilmember Mershon indicated that a single trash hauler could potentially save Village residents money, allow the Village to restrict pick-up hours on streets during school hours, and encourage recycling.

 

            Maxine Montgomery, 345 Shannon Lane, commented that she was glad Council was considering a single trash-hauling program.  She indicated that fifteen years ago, when Council considered a similar program, it garnered a lot of public resistance.  Mrs. Montgomery indicated her support for economic and environmental reasons as well as the reduction of wear and tear on local roadways.  She encouraged Council to support this measure.

 

Councilmember McGowan suggested that the public be provided an additional comment session prior to Council approving any measures.  Manager Holycross indicated that the next step would be to ask for Council’s authorization to seek bids.

 

Councilmember Mershon suggested that the bids specs include as an alternate “all in” price, which included a toter, trash pick-up, recycling and Village billing, to better determine a total cost for the Village.  Councilmember Barsky suggested that language be clear to accommodate existing locations for garbage pick-up.

 

            Richard Doyle, 14 Sunset Hill, questioned if recycling was included as part of the proposed Village service and would individuals be able to opt out of the recycling portion in order to participate in Denison is recycling center.  Councilmember McGowan indicated that if recycling were included as part of the base price, there would not be a reduction for a resident if they elected not to recycle.  Granville residents could experience a 20% reduction in cost of services.  Individuals residents could chose whether to participate in the recycling portion of the services. 

 

            Mr. Doyle asked if electronic billing would be available.  Councilmember McGowan indicated that if the Village was the primary biller, electronic billing would be available.  Councilmember Tegtmeyer suggested that electronic billing be included in the bid guidelines.

 

Manager Holycross indicated that Council was provided a written letter from a local resident commenting on the single trash hauler issue.

 

Mayor Hartfield indicated that Council would receive legislation at their next meeting and an additional opportunity for public input would be provided.  Manager Holycross indicated in the affirmative.

 

Councilmember Tegtmeyer asked if the Township Trustees would be available to attend the next Council meeting to allow Council to address any issues that might arise and utilize their experience.  Trustee Abraham and Mason indicated in the affirmative.

 

Township Trustee Mason indicated that one major reason for implementing a single trash hauler program in the Township was to address safety concerns.  He indicated that, due to the number of hills in the Township, safety concerns existed with vehicles attempting to pass trash trucks while on hills, forcing vehicles to cross double yellow lines.  The Trustees developed a list of twenty-three reasons in support of a single trash hauler.  Councilmember McGowan asked the cost savings to Township residents.  Mr. Jenks indicated Township residents experienced a 25 to 30% savings.  The price provided to residents was fixed for three years.

 

Councilmember O’Keefe asked the Trustees about complaints from Township residents regarding the new trash-hauling program.  Trustee Abraham indicated that the Trustees received thirteen complaints since implementing the program.  Four of the complaints were duplicates.  Most complaints were during the first few weeks due to confusion regarding missed pick-up days.  The new program generated very few complaints due to service, once the program was in place.  The Trustees had positive responses with minimal problems.

 

Mayor Hartfield closed the public comment portion of the meeting regarding the proposed single trash hauler at 8:00pm. 

 

OLD BUSINESS

 

            Resolution No. 09-36, A Resolution Remanding the Decision of the Granville Planning Commission to Deny the Application for a Change of Use for 123 South Prospect Street and Adopting Decision Findings and Conclusions of Fact was introduced and moved for approval by Councilmember Barsky.  Second by Vice Mayor Herman.

 

No discussion.

 

Vote to approve Resolution No. 09-36.  Motion carried (5-1-1).  Councilmember Tegtmeyer abstained from the vote.  Resolution No. 09-36 was adopted.

 

NEW BUSINESS

 

Ordinance No. 13-09, An Ordinance to Amend Section 505.01 of the Codified Ordinances of the Village of Granville to Establish a Leash Law was introduced and a public hearing recommended for August 5, 2009 by Councilmember O’Keefe.  Second by Councilmember Barsky.

 

Mayor Hartfield scheduled a public hearing for Ordinance No. 13-09 for August 5, 2009.

 

Presentation of Proposed Pre-Annexation Agreement and Related Development Along Lancaster Road (South Main Street)

Jack Reynolds, Attorney for Smith and Hale, indicated that he was at the Council meeting to represent Metropolitan Partners.  He indicated that his firm put together the pre-annexation agreement submitted to Council.  Mr. Reynolds indicated that the presentation this evening was to introduce the proposed project.  Mr. Reynolds indicated that it was understood that this meeting was a first step in a multi-step process.  The pre-annexation agreement was the first step to move forward toward annexation and rezoning the property. 

 

Tim Rollins, Senior Partner with Metropolitan Partners, presented the proposed site plan and provided a history of the current process.  Mr. Rollins indicated that Village staff contacted Metropolitan Partners recently to determine their level of interest in annexing property into the Village.  Metropolitan Partners reviewed the proposed zoning text as it related to their property.  The issues involved for Metropolitan Partners were building placement and roadway/utility corridors.  Mr. Rollins showed Council a site plan that utilized the Village Gateway text and defined a pathway for infrastructure development.  Metropolitan Partners developed the proposed site plan with future growth in mind providing roadway and utility easements throughout the property based on a suggested Village design.  All roadway and utility easements were included in the design.  The site plan showed that two additional buildings were added to the property, designed with two stories for commercial space on the first floor and office space on the second.  The existing Shurtz building and storage buildings would remain.

 

Councilmember Mershon suggested setting a public hearing to further gather information and solicit public input.  Planner Terry provided Council with a comparison of the Village Gateway and Suburban Business District zoning text.  Planner Terry indicated that there were a few inconsistencies between the two districts.  Those inconsistencies were:

 

  • The SBD required buildings to sit twenty feet from the right-of-way, while these buildings sit sixty-two feet from the right-of-way (VGD compliant).
  • The SBD required fifty percent of buildings to be set at the build to line.  These buildings could not consistently meet that criteria, but did meet the front yard setback of the VGD.
  • The SBD did not permit parking in front of building facades.  The parking was also inconsistent with the Village Gateway District due to the parallel parking area shown.
  • The SBD required fifteen-foot wide sidewalks, while the Village Gateway District required six-foot wide sidewalks, which the site plan met.

 

Planner Terry indicated that all other criteria was met.

 

Vice Mayor Herman questioned if this plan should be sent to a committee or be discussed by Council.  Mayor Hartfield indicated that Council, as a whole, previously discussed the Village Gateway District zoning.  Council decided to have a Council work session to address Council concerns, take public input and hear from other property owners.  Mayor Hartfield suggested that Council forward concerns or questions to staff in advance of the work session.  Council also requested that the property owners provide a larger and more legible site plan.

Ordinance No. 15-09, An Ordinance to Amend Ordinance No. 17-08 to Provide for Adjustments of the Annual Budget for Fiscal Year 2009 and to Revise Sums for Operating Expenses was introduced and a public hearing recommended for August 5, 2009 by Councilmember Mershon.  Second by Councilmember Barsky.

 

Mayor Hartfield scheduled a public hearing for Ordinance No. 15-09 for August 5, 2009.

 

Resolution No. 09-37, A Resolution to Authorize the Manager to Sign a Memorandum of Understanding with Denison University Relating to Campus Security was introduced and moved for approval by Councilmember McGowan.  Second by Councilmember O’Keefe.

 

Discussion:

Councilmember McGowan questioned if this Memorandum was similar to previous agreements.  Manager Holycross indicated in the affirmative.  This version was an update and adopted the change in emergency responders to correspond with the recent arrangement between Denison University and the Village of Granville.

 

Councilmember Mershon questioned the language regarding emergency response in the Bio-Reserve area.  Manager Holycross indicated that the language was to reflect the recent agreement permitting the Granville Police Department to respond to all emergency calls for all Denison University property.  The Bio-Reserve was within the Village limits on the east side, but some of the area west of State Route 661 was not in the Village.  Councilmember Tegtmeyer questioned if the 911 system was aware of the change.  Manager Holycross indicated that information had been shared with the 911 system.

 

Vote to approve Resolution No. 09-37.  Motion carried (7-0).  Resolution No. 09-37 was adopted.

 

Resolution No. 09-38, A Resolution to Establish a Traffic Calming Policy and Program for the Village of Granville was introduced and moved for approval by Vice Mayor Herman.  Second by Councilmember Barsky.

 

Discussion:

Mayor Hartfield questioned why this policy was introduced as a resolution rather than an ordinance.  Manager Holycross indicated that he preferred that the traffic calming guidelines be a policy rather than incorporated into the codified ordinances.  Manager Holycross suggested that Council could solicit public comment prior to adoption. 

 

Councilmember McGowan moved to allow for public comment in three weeks for Resolution No. 09-38.  Second by Councilmember Barsky.

 

Councilmember Mershon requested that staff provide information identifying streets based on the policy i.e. which streets were collector streets, etc.  He also questioned the reason for the high percentage required for residents to request calming measures.  Councilmember Mershon suggested the policy be more responsive to residents.  Councilmember O’Keefe also questioned the high percentages.  Manager Holycross indicated that staff could revise some of the restrictions.  He also indicated that Village Traffic Engineer Doyle Clear could attend the next meeting.  Manager Holycross indicated that this policy was patterned after other municipalities, specifically Dublin.  Councilmember Barsky requested staff to provide information regarding existing traffic calming measures.

 

Councilmember Mershon suggested that Council might consider this policy as guidelines staff use when responding to residents.  He questioned the need for codification.  Manager Holycross responded that staff could look at alternative guidelines.

 

Councilmember McGowan moved to table Resolution No. 09-38.  Second by Councilmember Mershon.  Motion passed (7-0).  Resolution No. 09-38 was tabled.

 

Resolution No. 09-39, A Resolution Supporting Licking County’s Application to the Ohio State Technical Review Advisory Committee (TRAC) for Funding to Construct an Interchange for the Intersection of Cherry Valley Road and State Route 16 was introduced and moved for approval by Councilmember McGowan.  Second by Councilmember Barsky.

 

Discussion:

Council indicated its continued support to encourage the State to complete this study.

 

Vote to approve Resolution No. 09-39.  Motion carried (7-0).  Resolution No. 09-39 was adopted.

 

Resolution No. 09-40, A Resolution to Certify to the Licking County Auditor Delinquent Charges for Water and Sewer Fees for the Village of Granville was introduced and moved for approval by Councilmember Mershon.  Second by Councilmember Tegtmeyer.

 

Discussion:

Manager Holycross indicated that a leak occurred after the resident had left the country.  Staff tried to make contact with the resident and his son with no result.

 

Vote to approve Resolution No. 09-40.  Motion carried (7-0).  Resolution No. 09-40 was adopted.

 

REVIEW OF MINUTES

 

Regularly Scheduled Meeting of June 3, 2009

 

Councilmember McGowan made a motion to approve the June 17, 2009 minutes as amended.  Second by Councilmember Tegtmeyer.  Motion carried 7-0.

 

MAYOR’S COURT REPORT – June

 

The Mayor’s Court Report for the month of June was presented for review.

Councilmember Barsky questioned if the police were monitoring the James Road area as closely or if speed was down.  Manager Holycross indicated that he would check with Chief Mason. 

 

Councilmember Barsky moved to accept the June Mayor’s Court report.  Second by Councilmember Tegtmeyer.  Motion carried 7-0.

 

Mayor Hartfield instructed the report be filed with the Clerk.  A copy of the report will be included as part of these minutes. 

 

MANAGER’S REPORT – June

 

The Manager’s Report for the month of June was presented for review.          

 

Councilmember Mershon questioned the fall off in the number of hours worked by the police versus the increased number of tickets.  Manager Holycross indicated that he would check with Chief Mason, but advised that the difference could be due to officers in training. 

 

Councilmember O’Keefe questioned the number of unsecured school buildings and if the police checked the buildings during the summer.  Manager Holycross indicated that police do building security checks throughout the year.  Councilmember Barsky asked if bike patrols were still ongoing.  Manager Holycross indicated that the Department has renewed their efforts to increase bike patrols. 

 

Councilmember Mershon asked if any tickets had been issued for over weight trucks this year.  Manager Holycross indicated that he was unsure and would confirm the number.  Councilmember O’Keefe asked if the weigh station was manned on a regular basis.  Manager Holycross indicated that trucks were weighed at random.

 

Councilmember McGowan moved to accept the June Monthly Manager’s Report   Second by Councilmember O’Keefe.  Motion carried 7-0.

 

Mayor Hartfield instructed the report be filed with the Clerk.  A copy of said report will be included as part of these minutes

 

COMMITTEE REPORTS   

 

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

Mayor Hartfield indicated that the EFP Committee met on Wednesday, July 8th at 8:00am.  The minutes of that meeting were included in Council’s packet.  Councilmember Barsky questioned the balances regarding the water and sewer funds.  She asked what challenges faced those funds.  Manager Holycross indicated that the sewer fund had been running a negative balance.  He indicated that the facility study of the wastewater department was underway and should be completed soon.  Manager Holycross indicated that the facility study will provide the types of improvements needed and those costs could be included in the new rate structure beginning in 2010. 

Councilmember McGowan asked the status of the contract negotiations with the Police Department.  Manager Holycross indicated that the Village had not yet been notified.  Councilmember McGowan stated that he hoped the negotiations would take the current economic environment into consideration and not attempt to address past issues.  Mayor Hartfield indicated that those concerns were raised during the committee meeting.

 

Councilmember Tegtmeyer suggested that Village staff and Council should watch developments relative to employee health care proposals currently being discussed at the federal level.  Councilmember Barsky hoped the Village could remain flexible to allow for any potential changes.

 

Granville Foundation – (Tegtmeyer)

Councilmember Tegtmeyer reported that the Board would be attending a retreat in August.

 

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

No report.

 

Planning Commission – (O’Keefe)

Councilmember O’Keefe reported on applications for the June 22nd and July 13th Planning Commission meetings.  There were several applications regarding fences and signs.  One application for a fence at 342 East Elm Street caused some controversy.  The neighbors objected to the proposed six-foot stockade style fence, but a compromise was reached with a six-foot wrought iron fence.  Nona’s was approved for café seating.  A resolution would be coming before Council.  Granville Market was approved to remove windows in the old video store area for expansion.  There was a change of use for an East Broadway property to allow for Mootz Run to open a Tea Room.  Another application requested the removal of an exterior overhang at 237 West Elm Street due to deterioration.  Denison University was approved to add handicap accessibility to two buildings.  One application was tabled as it was determined that a porte cochere being added to a property could restrict access to a neighbor’s sewer line, as the line ran under the applicant’s driveway.

 

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

Councilmember Barsky advised that the Committee had not met.  She stated that the Committee received a copy of the newly drafted Chapter 2 of the Comprehensive Plan.  Mayor Hartfield questioned when the Comprehensive Plan would be completed.  Manager Holycross indicated that staff was completing the redraft of the other chapters.  As soon as those chapters were completed, the Comprehensive Plan Committee would meet to review those new drafts.

 

Recreation Commission – (McGowan)

Councilmember McGowan reported that the Granville Joint Recreation District was planning to place a one-mil levy on the November ballet for the entire school district.

 

Tree & Landscape Commission (Barsky)

Councilmember Barsky reported that the Tree & Landscape Committee would not hold a July meeting. 

 

Union Cemetery (Mershon)

Councilmember Mershon reported that the Committee was accepting bids for replacing an iron fence located in the center of the cemetery around a private family plot.  The cost of this project was being funded through a private donation. 

 

OTHER COUNCIL MATTERS

 

Mayor Hartfield confirmed that Council would schedule a workshop to discuss and permit public comment regarding the pre-annexation of the Mill District LLC property along South Main Street.  She also requested that a larger site plan be provided.

 

Mayor Hartfield asked the status of filling the Planning Commission position appointed by the school district.  Manager Holycross indicated that Superintendent Prebles indicated that the Board was in the process of filling that position.

 

ADJOURNMENT (9:27pm)

 

Councilmember McGowan moved to adjourn the meeting.  Second by Councilmember Barsky.  Motion carried 7-0.  Meeting adjourned.

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