Granville Community Calendar

Council Minutes January 22, 1997

VILLAGE OF GRANVILLE
COUNCIL MEETING MINUTES
January 22,1997
CALL TO ORDER
Mayor Marshall convened the meeting at 7:30.
ROLL CALL
Those responding to the roll call were:
Councilmember McGowan
Councilmember Montgomery
Vice Mayor Freytag
Law Director Hurst
Councilmember Drake
Mayor Marshall
Manager Plunkett
Vice Mayor Freytag moved to excuse absentee Councilmembers Eisenberg and Bellman.
Councilmember Montgomery seconded.
REVIEW AND APPROVAL OF MINUTES
The minutes ofthe regularly scheduled meeting ofJanuary 8, 1997,were presented for review.
Councilmember McGowan moved to approve the minutes as corrected. Seconded by Vice Mayor
Freytag. Motion carried.
The minutes ofthe special council meeting ofDecember 30,1996 were presented for review.
Vice Mayor Freytag moved to approve the minutes as corrected. Seconded by Councilmember
McGowan. Motion carried.
MAYOR'S REPORT 444%
The Mayor's Report for the monthofe*¥emberwas presented for review.
Mayor Marshall directed the clerk to file the report. A copy of that report is attached as part of these minutes.
MANAGER'S REPORT Dece44
The Manager's Report for the month of- 06*ebepwas presented for review.
Councilmember McGowan moved to accept the report. Seconded by Vice Mayor Freytag. Motion carried. A copy ofthat report is attached as part of these minutes.
CITIZENS COMMENTS
Those signmg the register were:
See attached list.
Bill Wernet,134 S. Mulberry St.t,hanked the Village Manager for the courtesy phone call with regard to his B(illWernet)comments at the last Council meeting.
COMMITTEE REPORTS
Councilmember Drake reported on the Street Committee meeting ofJanuary 15. The Committee's recommendation is to turn down the LCATS funding for NewarkG/ranville Road. The Committee also recommended exploring the idea ofmoving the pedestrian pathway farther back from the road instead ofputting the pathway where the ditch is in the Erinwood area.
secondeCd.ouncilmember Drake moved that the LCATS funding be declined. Vice Mayor Freytag
F-r 3.
Village of Granville
Council Meeting Minutes
January 22, 1997
Page 2
Roll call vote: McGowan yes,Montgomery yes,Drake yes,Freytag yes,Marshall yes. Five
yes votes. Motion carried.
Manager Plunkett will notify LCATS of the declination.
NEW BUSINESS
Country Hearth Inn Appeal Hearing
Court Reporter Carrie Masterson was present to transcribe the Country Hearth Inn Site Plan
appeal hearing.
Law Director Hurst reminded Council and citizens this is an appeal from a decision of the
Planning Commission, pursuant to Chapter 1137 of the Granville Village Codified Ordinances,and
Council must render it's decision on appeals no later than at its next regular scheduled meeting
following the appeal hearing. Within 45 days of decision announcement,Council has an obligation to
formalize,in writing,to include rationale for the decision. Once formally adopted,the decision is
served and from that date commences time for further proceedings. He informed Council that
witnesses would be sworn in by the court reporter for testimony. He reminded Council that this only was an appeal of the determination of the Planning Commission as to the site plan of Country Hearth
Inn. He encouraged Council to refrain from comments or discussions during this hearing.
Mr.Mitch Banchefsky,attorney for Concepts in Lodging,stated they had requested and never received any detail as to what this appeal is about. Therefore they have been unable to prepare for this appeal.
Ms. Sara Norman,representing Kirk Combe in the site plan appeal,thanked Council for their
continuance ofDecember,1996. She stated that by holding this appeal hearing,Council was violating the moratorium. She stated her concern about the Planning Commission decision,and requested that Council send the site plan back to the Planning Commission. She stated Country Hearth Inn was violating zoning code Section 1175.03,which requires no greater than 65%lot coverage. She stated she felt it was impossible for this hotel facility to cover less than 65%S.he also voiced a concern with regard to the traffic study done in investigation ofthis project;increased traffic,truck parking,and signage which is,according to zoning requirements, limited to 10 square feet. Ms. Norman again requested the site plan be sent back to the Planning Commission for further study.
Mr. Banchefsky,having just heard these allegations for the first time,requested a 5 minute recess.
Mayor Marshall granted a 5 minute recess.
Mr.Banchefsky calledMr. Vince Messerly ofJobes H &enderson Consultant Engineers as the first witness. After being sworn in,Mr.Messerly stated that he had used a CAD program to compute the lot coverage and assured that it was well within the 65%coverage limit. This calculation included all pedestrian walkways,asphalt areas,and greenspace. He also stated that the signage plans have not changed since they were approved by the Planning Commission.
Mr. Banchesfsky then called Mr. James Roberts ofJobesH &enderson Associates. Mr. Roberts reported on the traffic study done for Country Hearth which was reviewed by Clyde Williams Consultants. He stated that the traffic study was taken under the worst conditions and there had been no recommendation for improvements. He stated that the traffic study did not include trucks. Mr.Banchesfky then called Mr. James J. Schmidt,President ofConcepts In Lodging. He stated that with regard to truck parking,the establishment is not designed to accommodate trucks. He stated that although Country Hearth cannot refuse service to anyone,trucks are not allowed to park
4
Village of Granville
Council Meeting Minutes
January 22, 1997
Page 3
there. He added that Country Hearth Inn would cooperate with the Village in correcting any problems
that may arise with regard to the parking of trucks.
After closing remarks,Law Director Hurst instructed counsel to make sure all documents are
filed with the court reporter and directed the court reporter to transmit the transcript as soon as possible
to Village Council for review. He asked Council and Appeal Counsel to consider delaying the
announcement of Council's decision until the regularly scheduled meeting ofFebruary 19, 1997.
Mayor Marshall asked Council to consider this appeal and render its decision at the next
regularly scheduled meeting ofFebruary 5, 1997.
Ordinance No. 01-97,An Ordinance To Explain The Meaning Of Ordinance No. 40-96,Which
Established A Moratorium,And Declaring An Emergency,was introduced,its title read and moved for
adoption as an emergency measure by Vice Mayor Freytag. Seconded by Councilmember McGowan.
Roll call: McGowan yes,Montgomery yes,Drake yes,Freytag yes,Marshall yes. Five votes. By emergency measure,Ordinance No. 01-97 yes was adopted.
Resolution No. 97-04,A Resolution to Appoint Members To The Committee Steering the
Preparation And Drafting OfA Design Review Ordinance,was introduced,read in full,and moved for adoption by Councilmember McGowan. Seconded by Vice Mayor Freytag. Motion carried. Resolution 97-04 was adopted.
Resolution No. 970- 5.A Resolution to Fill Vacancies On The Planning Commission. Vice Mayor Freytag recommended this Resolution be tabled until the next Council meeting giving the opportunity to re-advertise the openings to expand the pool of applicants. Tabled.
Resolution No. 970-6.A Resolution to Fill Vacancies on the Board ofZoning and Building Appeals. Tabled.
Same recommendation as with Resolution No. 97-05
Resolution No. 970- 7,A Resolution To Appoint A Member To The Granville Tree And Landscape Commission was introduced,read in full,and moved for adoption by Councilmember McGowan. Seconded by Vice Mayor Freytag. Motion carried. Resolution No. 97-07 was adopted.
Resolution No. 970-8,A Resolution To Fill A Vacancy On The Municipal Records Commission In AccordanceWith The Provisions OfThe Ohio Revised Code Section 149.39,was introduced,read in full,and moved for adoption by Councilmember Drake. Seconded by Councilmember McGowan. Motion carried. Resolution No. 97-08 was adopted.
Resolution No.970-9.A Resolution to Authorize the Village Manager to Enter Into An Agreement With The Board ofLicking County Commissioners For the Purpose ofPaying Indigent Legal Fees,was introduced,read in full,and moved for adoption by Councilmember Montgomery. Seconded by Mayor Marshall. Motion carried. Resolution No. 97-09 was adopted.
Village of Granville
Council Meeting Minutes
January 22, 1997
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Resolution No. 97-10.A Resolution To Adopt Updated Rules of Council,was introduced,read
in full,and moved for adoption by Vice Mayor Freytag. Seconded by Councilmember Drake. Motion
carried. Resolution No. 97-10 was adopted.
GranVilla Restaurant -No objections. The clerk was directed to submit the license transfer
form to the Ohio Department of Liquor Control with the appropriate notation.
OLD BUSINESS
Manager Plunkett informed Council of the receipt a proposed contract from Randall Arendt.
He will review the contract proposal and present to Council in a memo on Friday.
Councilmember Drake advised Council ofhis resignation. He thanked everyone for their
tolerance and stated he had enjoyed being a part of Council. He stated that this has no reflection on the
conduct of Council,only that his schedule had become overwhelming.
Mayor Marshall thanked Councilmember Drake for his stabilizing influence.
EXECUTIVE SESSION
Councilmember Montgomery made a motion to move to Executive Session at 9:55pm, discuss pending to legal matters ( referendum petitions).Councilmember Freytag seconded. Roll call
vote: Eisenberg absent,McGowan yes,Bellman absent,Montgomery yes,Drake yes,Freytag yes, Marshall yes. Five yes votes. Motion carried.
Councilmember Drake made a motion to return to regular session. Councilmember McGowan seconded. Motion camed.
Time Out 10:51pm.
Councilmember Drake made a motion to direct the Law Director to take whatever action is
necessary to instruct the Clerk to transmit the referendum petitions to the Board ofElections for certification. Roll call vote: Eisenberg absent,Mcgowan yes,Bellman absent,Montgomery yes, Drake yes,Freytag yes,Marshall yes. Five yes votes. Motion carried.
ADJOURNMENT
Councilmember Montgomery moved to adjourn the meeting at 10:53, Councilmember McGowan seconded. Motion carried.

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