June 2, 1999
CALL TO ORDER Mayor Bellman convened the meeting at 7:38pm. ROLL CALL Those responding to the roll call were: Councilmember Lucier Councilmember Wernet Councilmember Rader Vice Mayor McGowan Councilmember Robertson Mayor Bellman Councilmember Minklei Law Director Hurst Manager Hickman
CITIZENS COMMENTS Those attending the meeting were: Scott Rawdon Mark Zarbaugh Jim Jump Constance Barsky
Following a recent request from Councilmember Lucier for an explanation on the procedures for determining tree removal in the Village, Service Director Mark Zarbaugh addressed Council. A boring instrument is occasionally used to find out the condition of a tree by evaluating the center of the trunk. Bradford Pear Trees have been the unfortunate recipient of tree removal in the Village. These trees are periodically removed because their trunks are unable to support their branches. Periodic thinning of some trees is used as a tool to alleviate their load. Occasionally there is a blight among certain species which require their removal. Factors for determining the removal of a tree are: age, decay, or the possibility of unsafe conditions existing. Door hangers are used to notify the perspective homeowner prior to the removal of a tree. The Tree & Landscape Commission is responsible for replacement decisions, and every effort is made to replace a tree with a similar specie assuming the location of the planting is still accommodating of such a tree.
Mayor Bellman asked Mr. Zarbaugh about the visual affects and safety of the bike path and its proximity to Newark Granville Road. He suggested using smaller trees to separate the path from the road. Mr. Zarbaugh recognized the tree suggestion and noted that there is currently some thought being put into a possible solution to this problem. He feels that getting grass established in the area will eliminate some of the problem. Manager Hickman noted that there are gas, and sewer lines along that area which will limit the possibilities.
Mayor Bellman closed citizens comments at 7:54pm. NEW BUSINESS Ordinance No. 22-99, An Ordinance To Amend Ordinance No. 25-98 Providing For Adjustments Of The Annual Budget For The Fiscal Year 1999 And Revising Sums For Operating Expenses was introduced by Councilmember Rader. Mayor Bellman set the Public Hearing date on Ordinance No. 22-99 for June 16, 1999.
Ordinance No. 23-99, An Ordinance To Amend Sections 1135.01, 1137.01, 1137.02, 1137.05, 1137.07, 1139.04, 1139.05, 1139.06, 1141.04, 1141.05, 1145.04, 1147.04, 1149.04, 1159.04, 1159.05, 1159.07, 1161.02, 1161.03, 1161.07, 1171.04, 1175.04, 1175.05, 1181.04, And 1193.03, And to Enact Section 1141.06 Of The Codified Ordinances Of The Village Of Granville, Ohio To Revise The Administrative Appeal Process In The Zoning Ordinance, Revise The Administrative Procedure For Applications For Approval Of Development Plans In Planned Development Districts, And Make Related Changes In The Administration Of The Zoning Ordinance was introduced by Councilmember Robertson. Mayor Bellman set the Public Hearing date on Ordinance No. 23-99 for June 16, 1999.
Ordinance No. 24-99, An Ordinance To Amend Chapter 311.02 Of The Codified Ordinances Of The Village Of Granville, Ohio And Declaring An Emergency was introduced by Councilmember Wernet.
Councilmember Lucier had reservations regarding this Ordinance. She recommended that more time be taken for review. As this is a significant public policy issue, it should be given a regular amount of consideration and the opportunity for the public to be made aware. Councilmember Robertson feels the Ordinance should have a public hearing as due consideration is owed to the public. Mayor Bellman feels there may be a risk in making this issue a major public issue. The idea is to make sure our police force isn’t faced with a situation of which they are unprepared. Mayor Bellman and Councilmember Wernet were concerned that too much publicity at this point and time would only intensify the potential for different points. There was discussion of the withdrawal of this consideration at this time with the idea that it be taken up again at a later date. Vice Mayor McGowan solicited advise from Mark Weaver on the freedom of speech, and public safety issues related to this Ordinance. He feels Council has every right, within the constitution to adopt this Ordinance tonight. Law Director Hurst noted his concern with this Ordinance was to make sure that fair notice is given to all people that these are the rules. He said that from this perspective, if this Ordinance, word for word ends up on the front page of the paper, come the 4th of July no one can say they weren’t aware and they know when coming into this community what will be expected.
Following a lengthy discussion it was questioned why there was a need for a permit. Law Director Hurst noted that a permit is issued to fairly identify all people and explain the Ordinance to people and to identify both to the community and to the speaker that this is where they are allowed. The message is to broadcast an opportunity for both sides to know the rules.
As there is a need for five out of seven affirmative votes needed to adopt an emergency clause, Councilmember Wernet would prefer a vote tonight as there is a risk of the lack of a quorum during the meeting of the 16th should this be given a public hearing. He felt that this was important given the potential risk to the public which Mayor Bellman had relayed to Council.
Vice Mayor McGowan stated he would vote for the emergency Ordinance tonight or during the meeting of the 16th. In his mind this has been a problem for the last year and there has already been a lot of public notice and comment.
Councilmember Minklei is in favor of voting for this Ordinance and feels it is the Council’s responsibility to have this in place as a management tool for situations of the future.
In agreement with Councilmember Minklei, Councilmember Rader noted that having a designated speaking area would not only protect the public but also the speaker.
Councilmember Robertson feels this Ordinance should wait for two weeks and have a public hearing set.
Following more discussion on the appropriateness of holding a public hearing and the concern for the number of votes needed to pass the emergency on the 16th, Councilmember Rader moved the question and seconded the introduction.
In response to a concern raised by Councilmember Lucier, Councilmember Wernet made a motion to amend subsection (b) from 15 days to 2 business days, and subsection (a) (1) according to conflicting applications prior utilization; and (2) on a first come first serve basis. Councilmember McGowan second. It was noted that Council is still committed to revisiting this issue.
Vice Mayor McGowan asked the Law Director if there were any concerns about adopting this legislation tonight. Law Director Hurst stated there were no concerns that could not be corrected. His concern, however, was to err on the side of everyone knowing that their right, in addition to the violation of the Ordinance is taken very seriously. He does, however feel it would be a mistake not to have something in place this month.
Vice Mayor McGowan decided to wait two weeks to vote for this Ordinance.
Roll call on the amendment: McGowan yes, Lucier yes, Robertson yes, Minklei yes, Rader yes, Wernet yes, Bellman yes. Seven yes votes. Amendment is adopted.
It was decided that there was not enough votes for the emergency ordinance therefore, Mayor Bellman set a public hearing on Ordinance No. 24-99 for June 16th.
2000 Licking County Tax Budget - Mayor Bellman acknowledged Council’s receipt of the 2000 Licking County Tax Budget and set a public hearing for June 16, 1999. REVIEW AND APPROVAL OF MINUTES The minutes of the regularly scheduled meeting of May 19, 1999, were presented for review. Councilmember Rader moved to approve the minutes as amended. Councilmember Wernet second. Motion carried.
COMMITTEE REPORTS Vice Mayor McGowan reported that the Recreation Commission has concerns with a problem of installing a fence at Raccoon Creek Park because of the flood plains in the area. The Commission is looking for a location to have the 4th of July bingo as the Bennett parking lot is no longer available. He reported that the paving of the skateboard facility is behind schedule due to the bids being much larger than originally estimated.
Councilmember Wernet reported that the Planning Commission is working on an amended sign Ordinance based on a draft prepared by Keith Myers. This should be upcoming to Council.
OTHER As the 4th of July activities end on July 3rd this year, Councilmember Lucier suggested Council sponsor a "reading" of the Declaration of Independence with a suggestion that this event be held at the Opera House Park on the 4th of July. Council supported this idea.
EXECUTIVE SESSION Councilmember Wernet made a motion to enter into Executive Session for the purpose of discussing pending litigation and moved that Mr. Jump be included in this session. Councilmember Rader second.
Roll call: McGowan yes, Minklei yes, Lucier yes, Robertson yes, Rader yes, Wernet yes, Bellman yes.
Time in: 9:18pm.
Mayor Bellman excused himself from the Executive Session. Vice Mayor McGowan presided.
Councilmember Wernet made a motion to return to regular session. Councilmember Minklei second.
Roll call: McGowan yes, Minklei yes, Lucier yes, Robertson yes, Rader yes, Wernet yes.
Time out: 9:54pm.
ADJOURNMENT Councilmember Rader moved to adjourn the meeting at 9:54pm. Councilmember Robertson second. Motion carried.