Granville Community Calendar

Council Minutes APRIL 6, 1994

VILLAGE OF GRANVILLE
COUNCIL MEETING MINUTES
APRIL 6, 1994
CALL TO ORDER
Mayor Eisenberg convened the meeting at 7:34 p.m.
ROLL CALL
Those responding to the roll call were:
Councilmember Shulman
Councilmember Montgomery
Councilmember Vance
Councilmember Freytag
Vice Mayor Marshall
Mayor Eisenberg
Law Director Hurst
Manager Plunkett
Councilmember Vance moved to excuse absentee Councilmember Garrett. Seconded
by Councilmember Freytag. Motion carried.
PUBLIC HEARINGS
A public hearing was held on Ordinance No. 8-94, " An Ordinance To No. Amend Ordinance 439-3 Providing For Adjustments Of The Annual Budget For The Fiscal Year 1994 And Revising Sums For Operating Expenses."
No one was present to speak for or against Ordinance No. 8-94. The public hearing closed at 7:35 p.m.
REVIEW AND APPROVAL OF MINUTES
The minutes of the March 16, 1994, Council meeting were presented for review. Vice Mayor Marshall moved to approve the minutes as corrected. Seconded by Councilmember Freytag. Motion carried.
CITIZENS COMMENTS
Those signing the register were:
Noni and Bob Nutter Robert Allen H. Jackson
Noni Nutter of Willowood Gifts was present to comment on the width of Brew's sidewalk cafe. Mrs. Nutter stated that she did not think enough consideration had been given to the businesses above Brew's cafe. She stated that the entrance to her business is on the west side of the building, approximately one foot from the alley. Mrs. Nutter stated that last year,the cafe's tables were so close to her doorway, that customers could not enter without asking hsoamzaerodne sitting at a table to move out of the way. She stated that in her opinion, it is a safety clearanctoe hinavfreonthteofdhoeorrwdaoyorb.locked. She stated that she would like to have three feet of
Mrs. Nutter stated that smoke coming from customers at the outdoor tables travels right up the stairway into her building. She stated that sometimes she can't see the top of her door 1
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because the smoke gathers at the top of the stairs. She stated that she can't walk through the
smoke because she has breathing difficulties.
Robert Allen of Brew's Cafe stated that he was sure that he could accommodate Mrs.
Nutter's space problem, however he could not control the outdoor smoke.
Mayor Eisenberg stated that Mrs. Nutter has the right to the sidewalk just as the cafe
does, however Council cannot control the smoking problem.
Councilmember Vance stated that a business has the right to sufficient space for a safe
and clear entry. He stated that if Council is going to allow the use of the sidewalk for cafes, it
should not hurt other peoples' businesses.
Mayor Eisenberg stated that the width of Brew's cafe will be changed to accommodate
Mrs. Nutter's three feet of clearance in front of her doorway. He stated that the width of the
cafe will be 18 feet, 6 inches.
Hal Jackson of Victoria's Parlour asked if the smoking issue in the cafes was resolved?
Mayor Eisenberg stated that his recollection from the last meeting was that cafe have the right to refuse service owners to customers smoking at their tables, however, they can't prohibit anyone smoking from walking through the cafe area.
Manger Plunkett stated that the County Health Department said exactly what Mayor Eisenberg stated.
Hal Jackson stated that "if one wants to smoke at the tables all one must do is stand
up,"
COMMITTEE REPORTS
Vice Mayor Marshall stated that he attended the Planning Commission's April 4, 1994, meeting in place of Councilmember Garrett. He stated that three routine requests for home improvements passed easily. He stated that a worksession was held with the Erinwood Planner to decide how to mark the "Ridge"section, which is north of NewarkG- ranville Road. He stated that three schemes for the entrance were presented by the Planner;a gate house with stone walls, a similar stone wall with an iron gate, and a sign that is in compliance with Granville's sign code. He stated that the sign in compliance with the sign code was approved.
Councilmember Freytag reported on the Recreation Commission's meeting. At that meeting two new subcommittees were created. A subcommittee for the friends of Wildwood Playground was created and the Recreation Commission quorum was reduced from 13/ to 12/ of the Commission's filled seats. He stated that five candidates are interested in filling the three current vacant commission seats. The Commission decided to put off filling the vacancies until the next meeting.
OLD BUSINESS
Ordinance No. 8-94, A"n Ordinance To Amend Ordinance No. 439-3 Providing For Adjustments Of The Annual Budget For The Fiscal Year 1994 And Revising Sums For SOhpuelrmatainng. Expenses,w"as reintroduced, title read, and moved for adoptioh by Councilmember Seconded by Councilmember Vance.
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Roll call vote: Garrett absent, Shulman yes, Vance yes, Freytag yes, Marshall yes,
Mayor Eisenberg yes, Montgomery yes. Six yes votes, one member absent. Ordinance No. 8-
94 was adopted.
Councilmember Vance questioned what had become of the new proposed sign code.
Councilmember Shulman stated that he thought Law Director Hurst and Larry Huey had
been going to review the language of the code.
Law Director Hurst stated that he will speak to Mr. Huey.
NEW BUSINESS
Resolution No. 94-17, " A Resolution To Authorize The Non-Permanent Installation Of A
Sidewalk Cafe On The Public Sidewalk At 128 East Broadway In Front Of The Business
Known As "Brew's Cafe"S, ubject To Restrictions,w"as introduced, read in full, and moved for adoption by Councilmember Montgomery. Seconded by Councilmember Freytag.
Councilmember Vance stated that he thought it had become a standard of the Village to have insurance coverage of one milliont/wo million.
Manger Plunkett stated that was correct, the insurance is one million per person, two million per occurrence.
Councilmember Vance moved to amend Resolution No. 94-17, Section 1, B"changing
the width of the cafe to 18 feet and 6 inches, to amend Section 1, G" "to include one milliontw/ o million insurance coverage, to amend Section I "1"to read O" utdoor furnishing, planters, stanchions, and all other outdoor fixtures are subject to architectural review and approval by the Granville Planning Commission,a"nd to amend Section 11 to read B" rew's cafe and its current owners are hereby granted nonexclusive commercial use of the property described herein until October 31, 1994." Seconded by Councilmember Freytag.
Mayor Eisenberg stated that Ruth Owen of the Granville Business and Professional Association has requested use of the sidewalk for several events throughout the year. Councilmember Vance stated that Council should discuss the issue with Mrs. Owen however, he thought some areas of the sidewalk would not have stands.
Law Director Hurst stated that if the cafe owners are granted a non exclusive use of the sidewalk and permission is given to the GBPA to use the sidewalk, the two are in conflict. Councilmember Vance suggested that when Council grants the Granville Business and Professional Association permission to use the sidewalk, the cafe areas should be excluded. Council agreed.
Resolution 94-17 was adopted as amended.
Resolution No. 94-18, A" Resolution To Authorize The Non-Permanent Installation Of A Sidewalk Cafe On The Public Sidewalk At 134 East Broadway In Front Of The Business Known As V" ictoria's Parlour"S, ubject To Restrictions,w"as introduced, read in full, and moved for adoption by Councilmember Freytag. Seconded by Councilmember Vance. Mayor Eisenberg stated that the same amendment would apply to Resolution 94-18 as were Resolution 94-17, except for the width of the cafe. The motion was carried. Resolution 94-18 was adopted.
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Resolution No. 94-19, A' Resolution To Advertise for The Purchase And Planting of
Trees," was introduced, read in full, and moved for adoption by Councilmember Shulman.
Seconded by Councilmember Vance. Motion carried. Resolution No. 94-19 was adopted.
Ordinance No. 9-94, " An Ordinance To Amend Ordinance No. 43-93 Providing For
Adjustments Of The Annual Budget For The Fiscal Year 1994 And Revising Sums For
Operating Expenses", was introduced and title read by Vice Mayor Marshall.
Mayor Eisenberg set the public hearing for April 20, 1994, at 7:30 p.m.
Ordinance No. 10-94, " An Emergency Ordinance Enacted By The Village Of Granville,
Licking County Ohio, In The matter Of The Hereinafter Described Improvement, And To
Request Cooperation By The Director Of Transportation", was introduced, and title read by Councilmember Freytag.
Councilmember Freytag moved to adopt Section VI, the emergency clause and read
that section in its entirety. Seconded by Councilmember Vance.
Roll call vote: Freytag yes, Vance yes, Montgomery yes, Garrett absent, Shulman yes, Vice Mayor Marshall yes, Mayor Eisenberg yes. Six yes votes, one member absent. The
emergency clause was adopted.
Councilmember Freytag then moved for adoption of Ordinance No. 10-94. Seconded by Councilmember Vance.
Roll call vote: Garrett absent, Shulman yes, Montgomery yes, Vance yes, Freytag yes, Vice Mayor Marshall yes, Mayor Eisenberg yes. Six yes votes, one member absent. Ordinance No. 10-94 was adopted.
Joint Meeting With The Township Trustees and The School Board
Manager Plunkett stated that Council has discussed in the past a joint meeting with school board and the township trustees. Manager Plunkett stated that if April 28 is a good date for the Council he will ask the school board and the trustee if they can attend and participate. He stated that some of the topics would be a joint parks and recreation commission and shared facilities. Council agreed that April 28 would be a good date to hold the meeting.
Vice Mayor Marshall asked what the status is with Driscoll Lane?
Manager Plunkett stated that the county prosecutor had produced an agreement for the village and the township. He stated that the Village will give the Township Driscoll Lane in exchange for filling and a connection to the bike path.
DirectorMaapyporrovEeisdenberg stated that he has no problem with the agreement as long as the Law it.
Law Director Hurst stated that he has not studied the agreement yet but will do so.
ArchitecVtuicrealMRaeyvoierwMarshall stated that the Planning Commission had proposed to expand the District.
Mayor Eisenberg stated that in previous attempts to expand the district,the Planning Commission's rationale was that the line went down the middle of the street. He stated that past Councils have always agreed that it should be rectified. He stated that each time that had
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grown into an expansion of the entire Architectural District, and therefore had been rejected by
previous councils.
Councilmember Montgomery stated that she has heard citizens complaining that they
are seeing more and more regulations.
Mayor Eisenberg stated that the majority of councils' attitude was not to expand the
Architectural Review District.
After a brief discussion, Councilmember Vance stated that the Planning Commission
may be able to explain their reasoning to Council.
Vice Mayor Marshall stated that the Planning Commission should attend the next
meeting to argue their position. Council agreed.
Councilmember Montgomery asked if the joint meeting could be delayed until May 4
because she will be absent from the next meeting?
Manger Plunkett stated that perhaps Council should hear from the people who
developed the architectural Review District because much time and work had been put into that. Council agreed.
A joint meeting with the Planning Commission was set for May 4, 1994.
Councilmember Vance stated that he would like to comment on the article that he
presented to council concerning a school tax switch. He stated that he thought it interesting how Michigan was had received additional funding. He stated that he was not saying that he was in favor of eliminating property taxes.
Councilmember Vance suggested that an Ordinance be drawn up and placed on the next agenda to have the Village lay claim to the area west of James Road before someone else (Newark)grabs it up.
Councilmember Montgomery stated that at the last Council meeting, Council had agreed that it would be a good idea for someone from the Kiwanis to share the plans for the fourth of July celebration. She ask if anyone had been contacted.
Manager Plunkett stated that he had not been to a meeting yet; however, he will make sure that someone comes to speak to the Council.
ADJOURNMENT
Councilmember Vance moved to adjoum the meeting at 8:50 p.m. Seconded by Vice Mayor Marshall. Motion camed.

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