Granville Community Calendar

Council Minutes November 18, 2009

VILLAGE OF GRANVILLE

COUNCIL MINUTES

November 18, 2009

 

CALL TO ORDER (by Mayor Hartfield at 7:30pm) 

 PLEDGE OF ALLEGIANCE

 

ROLL CALL

Those responding to the roll call were Councilmembers McGowan, Mershon, O’Keefe, Tegtmeyer, Mayor Hartfield, Manager Holycross, and Assistant Law Director King. 

 Councilmember Barsky and Vice Mayor Herman made a motion to excuse Councilmember O’Keefe. Second by Councilmember Tegtmeyer. Motion carried (5-0). 

 APPROVAL OF AGENDA

Councilmember McGowan moved to approve the agenda. Second by Councilmember Mershon. Motion carried (5-0). 

 

CITIZEN COMMENTS (7:33 pm) 

 Scot Prebles, Superintendent Granville Village Exempted School District, expressed the school district and School Board’s support for the River Road development project. He praised the relief this development could bring to the property tax base in the school district. However, he indicated concern regarding Item G (9), the TIF language. He encouraged Council to considering removing the TIF language from the agreement. 

 Tom Ellinger, 119 Brentwood Drive, indicated that he had made the request that American flags be put out on patriotic holidays to show the Village’s respect for our veterans. Mr. Ellinger indicated that during the past several years, patriotic holidays were missed including the most recent Veteran’s Day. He asked Council to make sure that the flags were displayed in the future. Manager Holycross indicated that staff had arranged with the local Boy Scout troop to display the flags. Manager Holycross indicated that he would ensure that the flags were put out in the future and would follow-up with the Boy Scouts. Mayor Hartfield suggested that the police department could put the flags out should the Scouts miss placing the flags. 

 Norm Kennedy, Fiscal Clerk for Granville Township, requested that Council remove the TIF language from the annexation agreement. He reminded Council that when the TIF was developed with the Kendal project, the tax revenue was ensured to the Fire Department. He suggested that Council considered taking a payment in lieu of a TIF, but should a TIF be considered the Fire Department should be made whole. Mr. Kennedy reminded Council of the vital nature of the emergency services provided by the Fire Department and the potential harm that could come from not providing the increased revenue from this development project. 

 Gloria Hoover, 213 East College Street, spoke to Council regarding proposed Ordinance No. 13-09 concerning a Village leash law. Ms. Hoover encouraged Council to consider expanding requirement for keeping a dog on a leash for the entire Village area, not just two downtown blocks. She asked Council to consider the many people who do not like dogs or were afraid of dogs. Ms. Hoover hoped Council would acknowledge their needs when considering a leash law. She also questioned the Village’s liability regarding issues with dogs off leashes in the areas outside the downtown business area leash law should an incident occur. 

 Maggie Barno, Executive Director of the Granville Area Chamber of Commerce, indicated the Chamber’s support for the proposed annexation. The Chamber encourages the development of commerce especially when that development was responsible. Ms. Barno stated that the Village Council had addressed the critical issues involving this proposed project. Ms. Barno urged Village Council to continue to move forward in bring this development into the Village. 

 Mayor Hartfield closed Citizen Comment’s at 7:45pm. 

 PRESENTATION

 

 Sandi Mapel, on behalf of LCATS, provided Village Council with an update regarding the Cherry Valley Road interchange. Ms. Mapel advised Council that in May, 2009 a TRAK application was submitted to ODOT. The application was prepared by Newark, Granville, Heath, Licking County Engineer’s Office and LCATS. ODOT indicated that it would be willing to release the $1.8 million grant if LCATS could come up with a $1.5 million match. LCATS was able to reorganize its funding to meet the match request. A presentation was made at the TRAK meeting with those committee members making several other possible alternatives to the proposed interchange. Ms. Mapel showed Council a map of the proposed changes to the Cherry Valley Road intersection. She requested that Council continue to help LCATS maintain communication and promote the project, especially between now and February 2010 to enable to project to stay in the forefront. 

 David Brenner, State Farm Insurance employee and co-chair of the Columbus to Pittsburgh Corridor Committee, also spoke regarding the TRAK application. Mr. Brenner indicated that the Columbus to Pittsburgh Corridor Committee’s mission was to complete a limited access highway through central Ohio to link Columbus to Pittsburgh and open additional economic opportunities to this region. He indicated that the TRAK presentation was not well received and was very difficult. He hoped their presentation regarding the potential for economic development and strong rail/air capacities will keep the project alive. He thanked Council for their past and future support. 

 PUBLIC HEARING

 

 Ordinance No. 14-09, An Ordinance to Authorize the Village Manager to Enter into an Annexation Agreement Describing the Intentions of the Parties to Annex Certain Real Property Located Along Lancaster Road (South Main Street in Granville Township, Owned by Mill District LLC and 1919 Lancaster Road LLC) 

 Tom LeFever of Granville Kiwanis indicated Kiwanis’ support for the

annexation as one the properties being annexed. He indicated that Kiwanis was in support of the proposed development and looked forward to becoming part of the Village. 

 Wes Sargent, 66 Winstead Circle, spoke as a former Township Trustee, indicated his pleasure in seeing this annexation come to fruition. Mr. Sargent stated that he feels the Village can provide the necessary infrastructure to the landowners better than the Township. This process had been going on for a long while, but was finally moving forward with both Village and Township support. 

 Resolution No. 09-54, A Resolution to Award the Contract for Collection, Transportation, and Processing of Residential Refuse and Garbage, Recyclables, and Yard Waste 

 No one appeared to speak regarding Resolution No. 09-54. 

 Ordinance No. 19-09, An Ordinance to Amend Chapter 715 of the Codified Ordinances Pertaining to the Regulations for Garbage and Refuse Collectors Within the Village of Granville 

 No one appeared to speak regarding Ordinance No. 14-09. 

 As no one else appeared to speak, Mayor Hartfield closed Citizen Comment’s at 7:34pm.

 

OLD BUSINESS 

 Ordinance No. 14-09, An Ordinance to Authorize the Village Manager to Enter into an Annexation Agreement Describing the Intentions of the Parties to Annex Certain Real Property Located Along Lancaster Road ( South Main Street in Granville Township, Owned by Mill District LLC and 1919 Lancaster Road LLC introduced and moved for approval by Councilmember O’Keefe. Second by Councilmember McGowan. 

 Councilmember McGowan asked if Manager Holycross could outline the changes to the annexation agreement from Council’s previous meeting. Manager Holycross outlined the changes to the annexation agreement as the following: 

 1. Section 1.D. was clarified to indicate that the Village and the Property

 Owners supported the appropriate development of the Properties in an

 environmentally sensitive manner. 

 3. Section 3.D.9., language was added to clarify that any variance to the Code

to allow restaurants as a permitted use would not allow a drive-up, drive-

through, or drive-in facility for food or beverage service. 

 4. Section 3.F.3., language was added to clarify that the former drive-thru

location at the Shurtz building, which would be grandfathered as part of the annexation agreement, could not be used for food or beverage uses. 

 5. Section 4.B., language was added to recognize the environmental sensitivity

of the property and that, the Village and Property Owners would strive to use environmentally friendly methods to develop the property and related infrastructure. A requirement was added that the Property Owners would hire an environmental consultant to review and assess the proposed bioswale and other environmental issues related to the property’s development.

would meet the requirements of the Village, which followed the storm water Management Manual developed by the Mid-Ohio Regional Planning Commission, and the Ohio Environmental Protection Agency. 

 7. Section 5.E.4., language was added to provide that the flood hazard zone

that currently applied to the property (under the County flood hazard regulations) would not change with the annexation of the properties. The flood hazard area would also include the “1% future conditions annual chance flood” area. 

 build the first 100 linear feet of the private access roadway to public standards, including two travel lanes and a turn lane. Instead, the Property Owners would build two travel lanes to meet their private needs. Should a public road was built within the northern roadway corridor, the Property Owners would contribute 50% of the cost of constructing that roadway. The two adjustments would save the Property Owners approximately $50,000 in estimated construction costs. This change implemented Village Council’s agreement to reduce the costs of the Property Owners by approximately $50,000 in lieu of waiving the water and sewer tap fees. 

 The specific location for the new pathway was removed from the agreement and from the exhibits, but language was added in Section 5.F.4. that required the Property Owners to construct a pathway across the properties with the actual location of the pathway to be determined in conjunction with the approval of the development plan. (The development plan would be reviewed and approved after the properties were annexed to the Village by the Planning Commission.) Language was also specified in Section 6.B.1. that the Property Owners would provide an easement for that pathway and dedicate the path to the Village if the Village requested dedication. 

 

 

10. Language was removed that referred to future roadway widths in the

agreement and on the exhibits. Instead, language was added in Section 5.F.5. to provide that future roadways and pathways would be constructed in conformance with the applicable subdivision requirements of the Village in existence at the time of the construction of those improvements. 

 11. In Section 6.A., language was added that required all power lines and other

utility wires associated with the new development would be placed

underground. 

 Councilmember O’Keefe asked if the TIF language had to be part of the annexation agreement. Manager Holycross indicated that Council was not required to implement a TIF, but leaving the language in the agreement provided the Village with the option. Councilmember Mershon indicated that the TIF was not an encumbrance for the property owners. There was not a commitment. Superintendent Prebles and Clerk Kennedy comments were valid. Mayor Hartfield indicated that the language could frighten some residents. Council made no changes to the TIF language. 

 Mayor Hartfield asked Mr. Rollins if Metropolitan Partners were satisfied with the annexation agreement. Mr. Rollins indicated in the affirmative. Mr. Rollins thanked the Council and Village staff for working with Metropolitan and for the excellent level of communication between the entities. 

 Mr. Rollins indicated that one small modification was made to the site plan. The orientation of building D was shifted slightly to accommodate a gas line located on the southeastern portion of the property. 

 Councilmember Tegtmeyer indicated her support of the agreement and expressed her appreciation for Metropolitan Partner’s willingness to make changes and adjustments to the plan. She indicated that a positive consensus was reached resulting in a viable development plan. 

 Councilmember Mershon questioned language in Section 3, Item D, #9 that would allow restaurants as permitted uses in the SBD, if it were the zoning district applied to this property. Councilmember Mershon expressed concern about changing language that specific use in the SBD, as Council may not want restaurants as permitted uses in other areas currently zoned SBD. Councilmember Mershon suggested that applying the Gateway Zoning District to this property, which already allows restaurants as permitted uses, rather than the SBD. 

 Councilmember Mershon questioned who would be supporting or granting variances as outlined in Section 3 Item D. Manager Holycross indicated that the BZBA would make the decision to grant any variances. The language was meant to indicate that the Village was willing allow variances to be granted if approved by the appropriate body. Councilmember Mershon confirmed that the Village would support any BZBA decision. Manager Holycross indicated in the affirmative. 

 Councilmember Mershon suggested changing the language in Section 3, Item D to read as follows “In connection with its approval of the Site Plan, the Village agrees to support or grant the following variances or waivers (and any others that may be determined at a later point, but only to the minimum extent necessary to implement the Site Plan).” Mr. Rollins indicated that Metropolitan Partners would be open to that change. After further discussion regarding how best to modify the language, Councilmember Mershon moved to adopt the following language for Section 3, Item D, “To the extent necessary to implement the Site Plan, the Village agrees to support or grant the following variances or waivers (and any others that may be determined at a later point to be necessary to implement the Site Plan).” Second by Councilmember McGowan. 

 Councilmember Mershon questioned if the Village was paying for the utility easements. Mr. Rollins indicated that Metropolitan Partners would be extending the utility lines and providing the necessary easements without any cost to the Village. 

 Councilmember Mershon asked if there was an objection to removing the word encumbrances from pages twelve and fifteen. Metropolitan Partners indicated their support for the change. 

 Councilmember Mershon moved to remove the mention of encumbrances from page twelve, Section 7, Item G and page fifteen, Section 12, Item M and the title of Item G be changed to Easements. Second by Councilmember McGowan. 

 Mayor Hartfield called for a roll call vote to approve the two amendments to Ordinance No. 14-09: McGowan – yes; Mershon – yes; O’Keefe – yes; Tegtmeyer – yes; Hartfield – yes. Motion carried (5-0). The amendments to Ordinance No. 14-09 were approved. 

 Mayor Hartfield called for a roll call vote for Ordinance No. 14-09 as amended: Mershon – yes; O’Keefe – yes; Tegtmeyer – yes; McGowan – yes; Hartfield – yes. Motion carried (5-0). Ordinance No. 14-09 was adopted as amended. 

 Resolution No. 09-54, A Resolution to Award the Contract for Collection, Transportation, and Processing of Residential Refuse and Garbage, Recyclables, and Yard Waste was moved for approval by Councilmember O’Keefe. Second by Councilmember Tegtmeyer. 

 Discussion:

Mayor Hartfield thanked Mr. Paul Jenks for his assistance in bringing this resolution to Council. Mayor Hartfield confirmed that the Village would bill Village residents on the existing utility bill. Manager Holycross indicated in the affirmative. Assistant Manager Roberts indicated that the Village staff would be working in conjunction with Big O to ensure the billing and pick-up service would be as seamless as possible. Mayor Hartfield asked if residents would still be able to suspend trash service for extended periods. Manager Holycross indicated in the affirmative. 

 Councilmember O’Keefe asked if senior residents who currently share the cost of trash service would be permitted to continue. Mr. Jenks responded that shared service should not be permitted. 

 Councilmember McGowan stated that residents would be experiencing a $90 to $100 cost savings per year with senior residents saving $80 to $90 per year. Mr. Jenks highlighted that the rate would also be locked in for a three-year period as the Village had requested a fixed price contract. 

 Councilmember Mershon confirmed the fixed three-year price. Manager Holycross indicated in the affirmative. He also advised that should the Solid Waste District unexpectedly increase their rates, the contract provided an option for Big O to request an increase in rates with Council approval. 

 Councilmember Mershon asked if the Village could reduce rates even further by financially supplementing the rates. Manager Holycross indicated in the affirmative. 

 Councilmember Mershon questioned if the recycling portion of the Village waste contract would reduce recycling deposits at Denison’s recycling center. Mr. John Peckskamp of Big O indicated that Denison recycling could be impacted; however, fifty percent of Village Big O customers currently recycle so the impact to Denison should be minor. 

 Councilmember McGowan requested an anticipated timeline. Manager Holycross and Mr. Peckskamp indicated that the new program would begin January 1, 2010. Mayor Hartfield asked that staff advise Village residents of the upcoming transition. 

 Mayor Hartfield called for a roll call vote for Resolution No. 09-54: O’Keefe – yes; Tegtmeyer – yes; McGowan – yes; Mershon – yes; Hartfield – yes. Motion carried (5-0). Resolution No. 09-54 was adopted. 

 Ordinance No. 19-09, An Ordinance to Amend Chapter 715 of the Codified Ordinances Pertaining to the Regulations for Garbage and Refuse Collectors Within the Village of Granville was moved for approval by Councilmember McGowan. Second by Councilmember O’Keefe. 

 Discussion:

Manager Holycross explained that this ordinance amends the Code to remove language discussing residential waste hauling contracts, as the Village would no longer have multiple residential waste haulers. The amended Code would only address contract issues regarding commercial haulers. 

 Councilmember O’Keefe asked if language regarding hazardous wastes should be included in these Code changes. Manager Holycross indicated that the commercial haulers affected by this Code were not authorized to remove hazardous waste products. 

 Mayor Hartfield called for a roll call vote for Ordinance No. 19-09: Tegtmeyer – yes; McGowan – yes; Mershon – yes; O’Keefe – yes; Hartfield – yes. Motion carried (5-0). Ordinance No. 19-09 was adopted. 

 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 removed from the table by Councilmember Mershon. Second by Councilmember O’Keefe. Motion passed 5-0. Councilmember Mershon reintroduced and scheduled 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 for a public hearing on December 16, 2009 by Councilmember Mershon. Second by Councilmember McGowan. 

 Mayor Hartfield scheduled a public hearing for Ordinance No. 13-09 for the December 16, 2009 Council meeting. 

 NEW BUSINESS 

 Resolution No. 09-56, A Resolution Authorizing the Village Manager to Enter into an Agreement with the Board of Licking County Commissioners, Licking County, Ohio, to Exercise Enforcement Authority and Accept Commercial Plan Approvals/Specifications and Make Inspection Services at Part of the Building Code Enforcement Department of the County of Licking was introduced and moved for approval by Councilmember McGowan. Second by Councilmember Mershon. 

 Mayor Hartfield asked about the fee schedule. Manager Holycross indicated that the fee schedule would be similar to the existing residential schedule, but the commercial fee schedule would increase slightly. 

 Vote to approve Resolution No. 09-56. Motion carried (5-0). Resolution No. 09-56 was adopted. 

 Resolution No. 09-57, A Resolution Authorizing the Village Manager to Enter into an Agreement with the Board of Licking County Commissioners, Licking County, Ohio, to Exercise Enforcement Authority and Accept Residential Plan Approvals/Specifications and Make Inspection Services at Part of the Building Code Enforcement Department of the County of Licking was introduced and moved for approval by Councilmember McGowan. Second by Councilmember Mershon. 

 Vote to approve Resolution No. 09-57. Motion carried (5-0). Resolution No. 09-57 was adopted.

 

REVIEW OF MINUTES 

 Regularly Scheduled Meeting of November 4, 2009 

 Councilmember Mershon made a motion to approve the November 4, 2009 minutes as amended. Second by Councilmember McGowan. Motion carried 5-0.

Councilmember McGowan made a motion to approve the November 4, 2009 Council Work Session minutes. Second by Councilmember O’Keefe. Motion carried 5-0.

 

MAYOR’S COURT REPORT – October 

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

 Councilmember O’Keefe moved to accept the October Mayor’s Court report. Second by Councilmember Tegtmeyer. Motion carried 5-0. 

 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 – October

 

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

 Manager Holycross indicated that the October income tax receipts were down. He indicated that staff budgeted for a $22,000 decrease in tax revenues from the previous year. 

 Councilmember O’Keefe asked if cruiser maintenance had become an issue recently. Manager Holycross indicated that some cruisers were experiencing an increase in various maintenance issues due to these cars being the end of model line. Ford would no longer being manufacturing Crown Victoria’s. 

 Councilmember McGowan moved to accept the October Monthly Manager’s Report Second by Councilmember O’Keefe. Motion carried 5-0. 

 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 would be meeting on November 19th. Councilmember Mershon asked how long the Committee anticipated the Executive Session portion of the meeting would last. Manager Holycross indicated fifteen to twenty minutes.

Granville Foundation – (Tegtmeyer)

No report. 

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

No report. 

 Planning Commission – (O’Keefe)

Councilmember O’Keefe reported that there was an approval for a single sandwich board sign. 

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

No report. 

 Recreation Commission – (McGowan)

Councilmember McGowan reported that the GRC and JRD would be meeting jointly to discuss the logistical aspects of transitioning the GRC into the JRD. The meeting would be at McPeek Lodge at 6:30pm. 

 Tree & Landscape Commission (Barsky)

No report. 

 Union Cemetery (Mershon)

Councilmember Mershon reported that the iron fence was restored to its original location. The costs of this project were provided by a private donor. 

 OTHER COUNCIL MATTERS 

 Councilmember Tegtmeyer reported to Council that the Open Space Committee was meeting again. The Committee was attempting to determine what goals the Township would like them to pursue. Councilmember Tegtmeyer indicated that she would check with the Committee and Township regarding her appointment to the Committee – was the appointment to be a representative from Village Council or a representative from the Village. 

 Mayor Hartfield recognized that this meeting would be Councilmember Tegtmeyer’s last meeting. She thanked Councilmember Tegtmeyer for her service to Council and the community. 

 ADJOURNMENT (9:50pm) 

 Councilmember McGowan moved to adjourn the meeting. Second by Councilmember O’Keefe. Motion carried 5-0. Meeting adjourned.

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