Granville Community Calendar

Council Minutes March 19, 1997

VILLAGE OF GRANVILLE
COUNCIL MEETING MINUTES
March 19,1997
CALL TO ORDER
Mayor Marshall convened the meeting at 7:30pm.
ROLL CALL
Those responding to the roll call were:
Councilmember Eisenberg
Councilmember McGowan
Councilmember Montgomery
Councilmember Rader
Vice Mayor Freytag
Mayor Marshall
Law Director Hurst
Manager Hickman
Councilmember Rader made a motion to excuse Councilmember Bellman. Seconded by Vice Mayor Freytag.
PUBLIC HEARINGS
Ordinance No. 04-97. An Ordinance To Add Sections 1157-14 a( )through (c) and
Modify Section 1135.01 (a)OfThe Codified Ordinances OfThe Village OfGranville.
Mayor Marshall noted the five minute speaking limitation per person as stated in the Rules of Council.
Rodger Kessler of 82 Pinehurst Drive stated he had written a letter to Village Planner Reza Reyazi on March 5 inquiring about the legality of a hearing on Ordinance No. 049-7. He stated that if this procedure was found to be wrong,he felt the people participating in this hearing should be fined up to the maximum allowed by the Village Codified Ordinance. He suggested tlie fines should go toward financing the current legal bills ofthe Village.
Mayor Marshall stated that Law Director Hurst's opinion is that having the public hearing will not trigger any action on the Ordinance.
ramificaTtoionnys Delligatti of 2286 Hankinson Rd. questioned this Ordinance's constitutional with regard to the limitation of only beverage and food drivet-hru's. He stated the Ordinance was going against the spirit ofthe moratorium. He felt the Ordinance was stepping on the toes of the Comprehensive Plan Review Committee and defeats their purpose. Mr. Delligatti stated that entertaining a public hearing this evening will interfer with the scope of the many hours epnutteirntabiny the Comprehensive Plan Review Committee. Mr. Delligatti then asked Council not to or pass this Ordinance at this time.
Vice Mayor Freytag asked Mr. Delligatti if his remarks were on behalf of himself or McDonalds. Mr. Delligatti respondedh "imself".
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Council Meeting Minutes
March 19, 1997
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Dave Baer of Shannon Lane asked Council to vote no on the Ordinance.
Mary Fellabaum of 310 Elm Street stated her disagreement with allowing any drive·tha 'S
in the Village.
The public hearing on Ordinance No. 04-97 closed at 7:37pm.
REVIEW AND APPROVAL OF MINUTES
The minutes of the regularly scheduled meeting of March 5, 1997, were presented. fc£
review. Councilmember Eisenberg moved to approve the minutes as amended. Seconded bj /ice
Mayor Freytag. Motion carried.
MAYOR'S REPORT
145'
The Mayor's Report for the month of-Ne¥ ember was presented for review.
Councilmember Rader commented on the increase in total fines last collected from this ye·a to year.
Mayor Marshall noted the considerable amount of interest in stricter enforcement of speeding laws. In addition,the officers ability to receive immediate information results in mc re drivers being fined for driving under suspension,which is a $250 minimum.
Mayor Marshall directed the clerk to file the report. A copy of that report is attached as part ofthese minutes.
MANAGER'S REPORT
idr,- The Managers' Report for the month of'G-eteber was presented for review. Vice Magr: Freytag moved to accept the report. Seconded by Councilmember Montgomery. Motion carrie:1. A copy ofthat report is attached as part ofthese minutes.
CITIZENS COMMENTS
Those signing the register were:
See Attached List.
Lyn Robertson of 342 N. Granger St. read a statement which is filed as part of these minutes. Ms. Robertson expressed concern that the same thing would happen as in 1990 wherein the zoning code's are written in such a way that it doesn't carry out the Comprehensive Plan.
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Councilmember Eisenberg stated that if there is going to be a new revised master plan,it is
implicit that the zoning ordinance will have to be revised in order to support it.
Mayor Marshall stated that Council is always open to changes of any Ordinance, old or
new. He stated that Council must take action on any proposed or revised Ordinance.
Councilmember McGowan stated he had heard comments earlier this evening on the many
hours being put into this plan and hopes Council will consider those hours and perhaps the
suggestion will be to extend the moratorium by 30,45 or 90 days.
Ms. Robertson expressed concern of going back to current zoning.
Arie Janssens of 764 Newark-Granville Rd. asked if the Sentinel tonight. He feels that Council meetings was represented .iere are not getting enough coverage in the Sentind.
Mayor Marshall stated that Scott Rawdon represents the Sentinel at every Council meetilig,
and is sure Mr. Rawdon writes many articles regarding the Village that never make the cut. Mayor Marshall suggested that Mr. Janssens voice his view to Chuck Peterson, Editor of tlie Sentinel.
Richard Salvage,73 Berline Ct. expressed concern that he had just received a survey from the Comprehensive Plan Committee today which listed the deadline for return as Friday. Mr. Salvage asked if a new deadline had been established.
It was noted that a large number of the surveys were mistakenly delayed at the Columbus Post Office).
Charlie Metzger of 81 Maplewood Dr. added that it takes about 15 minutes to fill c u.the
survey. He also stated that the committee is committed to including every survey in its tabulation
Councilmember Eisenberg suggested that the surveys' be dropped off at Village Office" instead ofreturning them by mail.
deadlinMea?ry Jane Daughtery of 22 Styblyn Rd.,asked Mr. Metzger if Friday was still the
Mr. Metzger stated that all survey's should be returned by next Wednesday. He added that although the surveys were mailed to registered voters of Granville one can also be obtained frem the library for anyone wishing to participate.
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Jerry Griffin of 4 Shepard Place urged Council to take up the question,on a timely basis,of
extending the moratorium and read a statement with regard to his views on the reasons for an
extension.
Clifton Crias of 234 N. Pearl St. stated his support of an extension to the moratorium. He
added that it was clear that when the people of Granville voted for a moratorium,their support
included an extension. Mr. Crais strongly urged Council to extend the moratorium.
Tony Delligatti of 2286 Hankinson Rd. stated his concern in the delay. He felt something
should be presented to Council so this could be brought to a conclusion.
Mayor Marshall noted that a drafted Ordinance was in possession of the Council h *ich
requested a three month extension. He also noted that this draft was delivered to Council by an anonymous source.
Mary Fallebaum of 310 Elm St. stated that Jim Jump wrote the Ordinance which she delivered.
Richard Salvage of 73 Berline Ct.,asked if anyone involved in the proposed ordina,ce had anything to do with the Comprehensive Plan Review Committee?
It was noted that Mr. Jump is only a volunteer of the Comprehensive Plan Review Committee.
Phil Wince 2350 W. Broadway,representing plaintiffs which have filed suit against the village regarding the moratorium,strongly urged Council not to extend the moratorium until the Court makes a decision as to constitutionality which should be decided by April 21.
Jim Stockmaster of 340 It*oll Dr. expressed a personal opinion regarding putting a ban un drive thru's. His concern was that businesses cannot grow. Mr. Stockmaster added with regard io the survey that it is his personal opinion that the survey is a bunch of garbage and the committee will do what it wants to do and that's it.
Sandy Plunkett of 427 W. College St. stated two concerns. 1)that the Cherry Valley R.ia,d format decisions in the preliminary have already been laid out,yet many of the questions on the survey were pertinent to that area and;2)that the Comprehensive Review Plan be viewed as a comprehensive plan not as separate entities at different stages. She feels it needs to be viewed in it's entirety,all at once,when it is finished.
Marsha Vachio of 81 Fern Hill encouraged elected officials to listen to their constituents.
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Council Meeting Minutes
March 19, 1997
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Bill Wernet of 134 Mulberry St.,urged the people who believe that the eidire
Comprehensive Plan be done before any steps are taken, to vote for an extension of the
moratorium.
Charles Metzger of 81 Maplewood Dr. stated that the Comprehensive Plan Review
Committee's 17 members have not taken any stance on the extension of the moratorium.
Bill Wernet stated there has been nine public hearings on the issues and invited interested anyone to attend a public hearing on the issue this Sunday from 7-9pm.
Mayor Marshall recommended that any request for presentation to Council needs to be
given to Manager Hickman for scheduling on the agenda. He noted that sessions were more productive if Council is provided with a copy ahead oftime.
Mr. Wernet added that the Councilmembers that were at Sunday's meeting were provided
a copy of the schedule.
Councilmember Montgomery stated that there weren't enough copies for most people at that meeting and most went home without a copy. She asked that a copy be made available and given to Manager Hickman for distribution to Council.
John Duncan of 454 Granger St. stated that he would hate to see the Village enter into a collective decision based on the costs of the Village being sued. He stated he would like to see the Village pay up and go in the right direction .
COMMITTEE REPORTS
Councilmember Montgomery noted that the Planning Committee,having met on Monday, March 17,approved the siding at 11 N Prospect St.,a remodeling at 210 E Maple St.a,nd a sign request at 128 E Broadway. The next meeting is scheduled for April 7,at 7:30.
Councilmember McGowan noted that the Recreation Commission's spring programs have been scheduled. The Recreation Commission is soliciting donations for campaigning funds for the V mill replacement levy,which is scheduled for the May 5 ballot.
Councilmember Eisenberg reported on the meeting of the Personnel Committee recommending the appointment of an acting manager for the remainder of 1997, adding that a 1 resolution to appoint and establish a salary is on the agenda tonight.
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Council Meeting Minutes
March 19, 1997
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OLD BUSINESS
Mayor Marshall responded to the question from Mr. Tom Harvey regarding legal expenses
to date for the Village of Granville. Mr. Marshall stated that 1996 legal expenses were $ 39,483.
For the first two months of 1997 the Village has paid $ 26,309 in legal expenses relate i to
development thus far.
Ordinance No. 04-97 , An Ordinance to Add Sections 1157-14 ( a)through (c )and
Modify Section 1135.01 (a)OfThe Codified Ordinances OfThe Village OfGranville
Law Director Hurst encouraged Council to table Ordinance No. 04-97. Mr. Hurst stated
that the legislation as presented is weak and inadequate. His opinion is that it the drawing should go back to board.
Councilmember Rader voted to take the advice of the Law Director. He added that the
Rapid Response Committee is working on this issue and they will have something to present to Council rather shortly. Councilmember Rader urged that this legislation be tabled.
Vice Mayor Freytag had no objection if Council scheduled a time for the return of this legislation from the table.
Mayor Marshall suggested the legislation be returned after the input of the Rapid Response Committee.
Councilmember Montgomery agreed with Mayor Marshall.
Vice Mayor Freytag expressed concern that since the idea of this Ordinance pred-ated the moratorium,he would rather vote on it now than have it put off until July.
Following a discussion,Council agreed to table the Ordinance until Law Director Hurst could revise and n"arrow"the Ordinance. Councilmembers Eisenberg,McGowan, Rader and Freytag were not in favor of banning all drivet-hru's. Councilmember Montgomery stated she didn't know whether she would vote for or against but did not think it was fair to not ban all drive thru's. Mayor Marshall was in favor of banning all drive-thru's.
Councilmember Eisenberg made a motion to table Ordinance No. 049-7 until appropriate ytoaytask,e off table. Councilmember Montgomery seconded. Ordinance No. 049-7 was tabled. Five one nay.
Mayor Marshall called for a five minute break -8:42pm
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Council Meeting Minutes
March 19, 1997
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NEW BUSINESS
Mayor Marshall asked the Law Director to comment on the proposed Ordinance to extend
the moratorium to three months.
Law Director Hurst stated he had asked the attorney's representing the Village in current
Fackler litigation,for a sense as tothe impact that an Ordinance such as this may have on their
efforts and litigation. He stated a number of reasons why he encouraged council to take no action
on this proposed extension until the last possible moment. He stated that the general consensus in
evaluating this is that there are a lot of potential risks associated. At this time,there is nothing to gain by passing this legislation. Law Director Hurst added that the courts determination on constitutionality of the moratorium should be no later than April 21. If the court rules the
moratorium is unconstitutional there will be no need for an extension. If the court rules it is in fact
constitutional,there will be more than enough time for Council to pass legislation to extend the moratorium,if necessary.
Law Director Hurst added that he had no problems with the technical requirements of the proposed document. However, he added that outside legal Counsel thought legislation that passing this at this time was taking a lot of risks while leaving nothing to gain.
Following a lengthy discussion by Council, Councilmember Rader noted that the Comprehensive Plan Review Committee had not recommended any extension at this time. It was agreed by Council to introduce action on an extension request when recommended by the Committee.
Resolution No. 97-17,A "Resolution of Appreciation To Douglas E. Plunkett", introduced, read in full and moved for adoption by Councilmember was Councilmember McGowan. Resolution Eisenberg. Seconded by No. 97-17 was adopted.
sixteenCouncilmember Eisenberg added that he has been on Council thirteen of Mr. Plunkett's years with the Village. He stated that Granville will never have another manager like Mr. Plunkett and words of a resolution could not express his gratitude. Mr. Eisenberg stated his deep appreciation for Mr. Plunkett's friendship and everything he has given to the village. Council agreement was unanimous.
Resolution No. 97-18,A "Resolution To Authorize The Village Manager To Advertise For Bids For 1997 Street Painting"w,as introduced, read in full and moved for adoption by 1 aCdooupntecdilm. ember McGowan. Seconded by Vice Mayor Freytag. Resolution No. 97-18 was
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Village of Granville
Council Meeting Minutes
March 19, 1997
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Resolution No. 97-19,A "Resolution To Authorize The NonP- ermanent Installation Of A
Sidewalk Caf6 On The Public Sidewalk At 134 East Broadway In Front Of The Business Known
As V"ictorias' ParlourS",ubject To Restrictionsw",as introduced, read in full, and moved for
adoption by Councilmember Montgomery. Seconded by Councilmember McGowan. Resolution
No. 97-19 was adopted.
Resolution No. 972- 0,A "Resolution To Appoint Joseph R. Hickman As Acting Manager
Of The Village Of Granville And Establish The Acting Manager's Salary For 1997"w,as introduced, read in full, and moved for adoption by Councilmember Eisenberg. Seconded hy Councilmember Rader.
It was agreed by Council to begin advertising in late summer for possible candidates for
the Granville Village Manager position.
Councilmember Eisenberg read the last paragraph of the Personnel Committee memo regarding Acting Manager Hickmans willingness to cooperate during this transition.
Roll Call Vote: Eisenberg yes,McGowan yes,Montgomery yes,Rader yes,Freytag yes, Marshall yes. Resolution No. 97-20 was adopted.
1998 Wage Scale Proposal
Copies of the proposed wage scale for the Village was distributed to Council. Mayor Marshall asked Council to take time to review the proposal. He added that a work session will be scheduled.
ANNOUNCEMENTS
Manager Hickman stated that the Recreation Commission Director Debbi McPeek would like to talk to Council regarding the expansion of the parking area for Wildwood Park. He added that Ms. McPeek is currently seeking approval from the Evans Foundation to cross the bike path with vehicle traffic.
Manager Hickman also added that the First Presbyterian Church will be making a presentation at the April 16 meeting.
It was noted that April meetings would remain as scheduled in spite of spring break. 1
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Council Meeting Minutes
March 19, 1997
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ADJOURNMENT
Vice Mayor Freytag moved to adjourn the meeting at 9:40pm. Councilmember Rader
seconded. Motion carried.

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