Granville Community Calendar

Council mInutes 3/15/00

 CALL TO ORDER Mayor Robertson convened the meeting at 7:30pm. 

 ROLL CALL Those responding to the roll call were Councilmembers Crais, Lucier, McGowan, and Moore; Vice Mayor Wernet, Mayor Robertson, Law Director Hurst, and Manager Hickman. Council-member Bellman was excused for illness (motion by Councilmember McGowan, second by Councilmember Crais). 

CITIZENS COMMENTS [NOTE: The scheduled discussion re the deer problem was postponed.]

Mayor Robertson cautioned those citizens present that, due to insufficient opportunity to confer with Law Director Hurst (who has been trial counsel in another county), Council would be unable to completely address issues raised about The Colony. Noting that additional opportunities for comments will occur, she urged citizens to keep their statements brief. The Appeal Date on this matter was set for April 19, 2000.

Mayor Robertson opened the Citizens Comments at 7:33pm.

Re The Colony at Bryn Du Robert O’Neill, 17 Meadowood Drive. Reported that he had met with the Bryn Du Homeowners Association, as requested by Council at their meeting of March 1, 2000. Expressed the hope that the proposed ordinance would be introduced at the current meeting and offered to share pertinent materials if Council wished to see them. [Councilmember Lucier emphasized that Council was considering the covenant restrictions, not the development application approved by the Planning Commission. Law Director Hurst stated that he understood there had been an intervening event since the last Council meeting, i.e., the filing of an appeal to the decision of the Planning Commission granting final plat approval. Law Director Hurst expressed concern that, to the extent that Council determined to entertain the appeal that has been filed, any information presented by Mr. O’Neill could conceivably by the same information that would be presented on the occasion of the appeal. He cautioned Council against entertaining any discussion or comments concerning the plat in question until such time as 1) it is established that the appeal is properly before Council, and 2) Council has fully entertained and explored all of the arguments of both sides at a hearing. In short, Law Director Hurst confirmed that, since there is an ordinance pending on restrictive covenants, comments on the final plat would be inappropriate in the current Council session and would be more properly restricted to the public hearing convened specifically for the discussion of the ordinance. He did note, however, that the appeal in question is an administrative matter and Council might feel free to entertain discussion on legislative matters. Vice Mayor Wernet encouraged Council to confer with Law Director Hurst before proceeding with any discussions.]

Bill Willis, 1974 Welsh Hills Road. Agreed with Law Director Hurst on tabling the issue until a legal opinion has been rendered. Submitted a bound document detailing the history of the Bryn Du property, especially concerning the alleged error in the original ordinance. Urged Law Director Hurst to take steps to correct the ordinance and asked if Council would entertain a motion to dismiss the “improper filing.”

Bob Kent, 100 Pinehurst. Stated he was not interested in an appeal, but rather wanted a hearing on the currently proposed ordinance and hoped Council would introduce it.

Bill Willis, 1974 Welsh Hills Road. Felt Council had denied due process by not introducing the ordinance, stating that once an ordinance has been recommended by the Planning Commission, Council must either approve it, approve it with modifications, or reject it.

Jim Harf, 120 Wildwood Drive. Emphasized that he was neither for nor against The Colony but wished to speak to the issues under discussion on behalf of the School Board. He stated that price, then the number of bedrooms in a dwelling, were the two major factors that affect the number of children likely to live in a given development (i.e., a 1500-square-foot home with two bedrooms would have the least impact on the schools).

Debby Farrar, 275 Bryn Du Drive (President of the Bryn Du Homeowners Association). Stated that, to her knowledge, The Colony was always proposed as cluster homes and/or condos.

Peter Marshall, 211 Shannon Lane. Agreed with Mrs. Farrar and urged Council to schedule hearings for both the appeal and the ordinance.

Larry Dixon, 341 Glyn Tawel Drive. Reiterated the previously expressed sense of having received misinformation about The Colony at the time he purchased Bryn Du property and having made decisions that were based on public record, regardless of whether that record is or is not correct.

[At the request of Mayor Robertson, Law Director Hurst again cautioned Council to decline to consider comments that might reasonably be related to the appeal. He stated that if there is an ordinance introduced that relates to development and covenants, Council may consider arguments for and against it when a public hearing is scheduled, not before.]

Bill Willis, 1974 Welsh Hills Road. Offered a copy of the record filed with the Licking County Recorder for any interested citizen to review.

Bill Price, 146 Merywyn Circle. Stated he was informed of plans for 1500-square-foot cluster-type homes. Bud Farrar, 275 Bryn Du Drive. Agreed with Mr. Price, stating that, in 1994 when he purchased his lot, he had seen Mr. Kent’s plat of The Colony showing cluster/patio homes of a smaller nature. Felt the current homeowners’ should be addressing their concerns to their realtors, not the developer. 

Re Village Entrances Constance Barsky, 221 East Em Street. Encouraged Village- Township cooperation on issues of the Klauder development, Union Township water & sewer plans, and virtual clearcutting of scenic entrance corridors by ODOT.

Re Water & Sewer Extension to Kendal Mark Parris, 251 Bryn Du Drive. Urged Council to deny Kendal’s request for extension because it would set a precedent under which others might demand similar consideration, as well as undermining the purpose of the Master Plan.

Kitty Consolo, 18 Samson Place. Felt the water & sewer decision should not be made before the Township zoning hearing and expressed concerns about traffic as well as the weakening of the 1998 Comprehensive Plan. [Mayor Robertson reiterated Council’s decision at the meeting of 3/1/00 to postpone action on water & sewer extension until the Township Zoning Board had made its own decision.]

Mayor Robertson closed Citizens Comments at 8:10pm. 

PUBLIC HEARING A public hearing was held on Ordinance No. 01-00, An Ordinance To Amend Section 501.01 and 509.10 Of The Codified Ordinances Of the Village of Granville.

Ordinance No. 01-00 was read by Mayor Robertson, with Law Director Hurst noting that this was the final version of this ordinance. Law Director Hurst then explained the purpose of this legisla-tion, i.e., to define a number of violations (specifically those in 09.01and 11.02) as nuisances so that, in addition to the misdemeanor penalties that one might incur, a conviction would define that conduct as a nuisance, thereby triggering either the common- law or statutory capability to bring an action to abate the nuisance. In other words, the Village would have the legal authority to reach beyond a tenant who chooses to consistently engage in conduct that is a misdemeanor and proceed against the property owner who is allowing the property to be used for the purpose, bringing an action to abate that nuisance and compelling eviction. While detailed research has revealed no case law directly on point, there is a sizeable volume of analogous case law. It is therefore Law Director Hurst’s best judgment that the Village should proceed with this Ordinance.

Mayor Robertson invited public reaction.

Bill Willis, 1974 Welsh Hills Road. Stated that he represents both the National and Ohio Apartment Associations, including homeowners on College Street, and that he supports this ordinance in that it allows a landlord to evict a tenant with the support of the Village.

Mayor Robertson closed the hearing at 8:15pm. 

 NEW BUSINESS Appeal – The Colony at Bryn Du Mayor Robertson scheduled the hearing date for April 19, 2000.

Resolution No. 00-12, A Resolution To Authorize The Village Manager To Advertise For Bids For 2000 Street Painting, was introduced and read in full by Councilmember McGowan. Second by Councilmember Lucier. Motion carried. Resolution No. 00-12 is adopted.

Resolution No. 00-13, A Resolution To Authorize The Village Manager To Advertise For Bids For Jones Road Improvements And Improvements To The Newark/Granville Road Storm Sewer, was introduced and read in full by Vice Mayor Wernet. Second by Councilmember McGowan. Motion carried. Resolution No. 00-13 is adopted.

Resolution No. 00-14, A Resolution To Authorize The Non- Permanent Installation of A Sidewalk Café On The Public Sidewalk at 134 E. Broadway In Front Of The Business Known As “Victoria’s Parlour”, Subject to Restrictions, was introduced and read in full by Councilmember McGowan. Second by Councilmember Wernet. Motion carried. Resolution No 00-14 is adopted.

Ordinance No. 03-00, An Ordinance To Amend Ordinance No. 43- 99 Providing For Adjustments Of The Annual Budget For The Fiscal Year 2000 And Revising Sums For Operating Expenses, was introduced by Councilmember Moore. Mayor Robertson set the public hearing for Ordinance No. 03-00 for April 5, 2000. Ordinance No. 04-00, An Ordinance To Approve The Covenant Agreement For The Colony At Bryn Du, had no sponsor. 

OLD BUSINESS Ordinance No. 01-00, An Ordinance To Amend Section 501.01 and 509.10 Of The Codified Ordinances Of the Village of Granville, was re-introduced by Councilmember Lucier. Second by Councilmember Wernet. A Roll Call yielded six (6) affirmative votes (Crais, yes; Lucier, yes; McGowan, yes; Moore, yes; Robertson, yes; Wernet, yes). Ordinance No. 01-00 is adopted. 

MAYOR’S REPORT The Mayor’s Court Report for the month of February was presented for review. There were no questions. Vice Mayor Wernet moved approval of the report. Second by Councilmember Crais. Mayor Robertson directed the clerk to file the report. A copy of said report is attached as part of these minutes. MANAGER’S REPORT The Manager’s Report for the month of February was presented for review. Councilmember Lucier asked Manager Hickman to include addresses of applicants as well as their names in the Planning Report. The Manager’s Report was approved as presented. Mayor Robertson directed the clerk to file the report. A copy of said report is attached as part of these minutes.

REVIEW AND APPROVAL OF MINUTES The minutes of the regularly scheduled meeting of 1 March 2000 were presented for review. 

Councilmember Crais asked that the comment by Newark City Council member Julie Barrett on page 1 be changed to express appreciation to “Councilmember Bellman and Mayor Robertson.”

Councilmember Crais made a motion to approve the minutes as amended. Second by Councilmember McGowan. Motion carried. 

COMMITTEE REPORTS Lighting Committee (Councilmember McGowan). Detailed the schedule of light replacement.

Recreation Commission (Councilmember McGowan). Reported on the continued development of Raccoon Park, noting a serious problem with drainage in baseball field (i.e., a big grate- covered drain in the middle of left-center field!). Law Director Hurst was emphatic that the drain be moved. Councilmember McGowan noted that the number of Recreation Commission activities is increasing; participation is up as well. The Commission survey is in fits final stages.

Tree and Landscape Commission (Councilmember Moore). Commission minutes were included for Council’s review; the Commission expressed its appreciation of the new watering system, and indicated its desire to have an Arbor Day tree- planting ceremony (with the exact date yet to be determined).

Councilmember Moore noted that, as Council’s finance liaison, she had met with Molly Roberts. The books looked good and the two discussed how the Village is investing idle funds to improve yield, as well as looking at possibilities for refinancing some debt. Economic Liaison Committee (Councilmember Crais). Discussed proposed changes to Broadway and the median strip, noting that Council will need to enter into extensive discussion with the business community as this proposal moves forward; reported that the subcommittee of the GBPA was ready to give it preliminary report. Discussed redoing the Village web page to make it more user- friendly and better able to assist local business; Elizabeth Mahr is drawing up a proposal. Discussed ways to bring the farming community back into Granville Village, e.g., direct marketing between producers ad consumers, researching federal grant money to save family farms, and exploring new ways to envision farming communities in America. The Committee plans to meet with more farmers as they continue investigating this. Their next meeting is set for April 4, 2000, at 7:30am.

Planning Commission (Councilmember Lucier). Had a productive initial work session with the owners of the Maple Street garage; another session is scheduled and the Commission expects that a new application will be submitted. Bernie Lucko is working with Kathryn Wimburger on design standards for signs. Manager Hickman asked for volunteers to work with him, Mr. Lucko, and Ms. Wimburger on this issue. Councilmember Lucier volunteered; Councilmember Bellman was volunteered. Ms. Wimburger will set a meeting and notify everyone.

Streets and Sidewalks (Vice Mayor Wernet). Did not meet. Councilmember Lucier asked if they would look at bike path cost estimates and respond. Vice Mayor Wernet said they would do so at their next meeting (6:30pm, Wednesday, April 5, 2000). 

OTHER Blues Festival (Councilmember McGowan). The originally scheduled date of August 5 may be changed to September 9 (the August date conflicts with the Dublin Irish Festival). Councilmember Crais asked for some additional information to get a better sense of what this group is hoping to accomplish; Gerry Martin (15 Briarwood Drive) will see that Council receives more details. This item is to be placed on the agenda for the next meeting.

Roberts Skating Rink (Councilmember McGowan). The Recreation Commission is considering putting some equipment on site and needs to bring a detailed request to Council for permission. This item is to be placed on the agenda for the next meeting. MEETING ANNOUNCEMENTS Next Village Council meeting – April 5, 2000

ADJOURNMENT Vice Mayor Wernet made a motion to adjourn the meeting at 8:45pm. Councilmember Moore second. Meeting adjourned. 

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