Granville Community Calendar

Council Minutes 8/2/00

 CALL TO ORDER Mayor Robertson convened the meeting at 7:36pm. 

ROLL CALL Those responding to the roll call were Councilmembers Crais, Moore, McGowan and Lucier; Mayor Robertson and Manager Hickman. Councilmember Crais made a motion to excuse Vice-Mayor Wernet. Councilmember McGowan seconded. Motion carried. 

CITIZENS COMMENTS General Congratulations! Jurgen Pape, 403 East Broadway. Explained his absence from Council meetings over the last two years by complimenting Council on the quality of their work during that time. Also praised the Council-appointed commissions and the Village management, all of whose work continues to make Granville “a great place to live and a tremendous investment.”

The Colony Rodger Asmus, 210 Bryn Du Drive. Hopes that The Colony issue can get resolved this time.

Dorothy Garrett, 45 Donald Ross Drive. Stated that the Village Council that passed The Colony covenants in 1993 “definitely intended” the area to be smaller homes

Jurgen Pape, 403 East Broadway. Confirmed Mrs. Garrett’s “take” on actions taken in 1993, adding that Council was concerned about creating housing that would encourage diversity.

Mayor Robertson closed Citizens' Comments at 7:43pm. 

PUBLIC HEARINGS Ordinance No. 11-00. Councilmember Crais moved to remove Ordinance No. 11-00 from the table. Second by Councilmember Bellman. The motion was approved.

A public hearing was held for Ordinance No. 11-00, An Ordinance To Approve The Covenant Agreement For The Colony At Bryn Du. 

Public Discussion. Law Director Hurst stated that the appeal on this issue has not been withdrawn at this point. It is his understanding, however, that if a compromise is reached and Council adopts Ordinance 11-00, the appellants plan to withdraw their appeal.

Bob Kent, President-Granville Golf Course Company, deferred to Robert O’Neill, Southgate Corporation, to describe the mediation process. Mr. O’Neill distributed revised site renderings to Council, then thanked Mayor Robertson for having suggested mediation. The revised Covenant document reflects 1) a change in minimum square footage from 1,600 to 1,700 square feet; 2) more carefully defined materials specs (e.g., 6 brick selections, 12 siding-color selections, 3 dimension roof -shingle selections); 3) two- bedroom/two-and-a-half bath floor plans; and 4) a tree- planting plan for the west side of The Colony that will involve adjacent neighbors in decisions re size and placement of approximately 200 trees. Further, homeowners in The Colony will be part of the larger Bryn Du Woods Homeowners Association, as well as having a discrete Homeowners Association of their own to address issues of exteriors, landscaping, and common-area maintenance. Mrs. Douglas (113 Marywood Circle, President of Bryn Du Woods Homeowners Association) asked for an explanation of why The Colony had been incorporated into the existing Homeowners Association. Mark Parris (251 Bryn Du), speaking on behalf of the appellants, stated they wanted an all-inclusive group, especially since they would be sharing greenspace and the upkeep thereof. Mr. Parris also expressed his appreciation to Mayor Robertson, Rob O’Neill, and Bob Kent for persevering in this effort until a satisfactory compromise was reached. Catherine Smith (329 Summit Street) asked where the current prices had settled since the square footage had been increased. Mr. O’Neill stated that the houses would probably sell in the low $200,000s—higher than they had originally intended but still within reach of the intended market. Mr. Parris emphasized the appellants’ concerns for limiting the number of bedrooms, having architectural diversity, addressing landscaping concerns, and including residents of The Colony in the Bryn Du Woods Homeowners Association 

Once all members of Council had obtained satisfactory answers to their questions and/or concerns, Mayor Robertson closed the public hearing at 8:14pm. 

Ordinance No. 12-00. A public hearing was held for Ordinance No. 12-00, An Ordinance To Amend Section 1139.05(g), 1139.06, 1141.05(e) & (f), 1141.06, and 1147.04(b) Of The Codified Ordinances Of The Village Of Granville.

Discussion: Manager Hickman explained that the requested amendments relate to costs for transcript fees. Law Director Hurst reported that the cost of a required transcript depends on its length and the speed with which it is required. Rates vary from $1/page at the low end to $3.75/page at the high end, resulting in a cost of $250-600 for a two-hour hearing or $4800 or so for a multiple-day proceeding. Mr. Hurst estimated that required transcripts for Village actions would range between $250 and $500. Mr. Hurst continued by differentiating the two types of appeals germane to this issue: 1) an appeal to Council where there was a transcription of the proceeding in question or 2) an appeal from Council to Common Pleas Court. In the first instance, rates would be in the lower end of the transcription cost range.

Mr. Hurst noted there are two primary reasons for having a transcript. First, an appeal that comes to Council is an appeal “on the record,” i.e., a question of whether or not the Board or Commission made a correct decision supported by evidentiary matters in the record, given the parameters of the codified ordinances. Such an appeal is not a trial de novo but rather a review of the record to determine if the finding was appropriate or not. In the absence of a record that lends some clarity to the discussion, it is extremely difficulty to avoid a trial de novo. Second, as to appeals from Council, they are to be determined by the Court of Common Pleas, on the transcript. If there is no transcript, the appellant is allowed to open discovery and supplement the record within whatever full parameters the Court allows. Transcripts, therefore, even though they may be expensive, will allow Council to avoid the expenditure of much larger sums of money on appeal to do essentially a new civil litigation.

Mr. Hurst emphasized that considerations of practicality, affordability, and philosophy all must be addressed. For example, Ordinance 12-00 is not intended to prevent citizens from exercising their right to appeal. It rather reflects common practice, wherein a citizen who wants to appeal a decision orders, and pays for, the requisite transcript. Council may adopt 12-00 as is, elect to stand the entire cost for every individual who chooses to appeal, or create a cost-sharing mechanism.

Mayor Robertson closed the public hearing at 8:29pm. 

Ordinance No. 13-00. A public hearing was held for Ordinance No. 13-00, An Ordinance To Amend Chapters 351 And 303 Of The Granville Codified Ordinances, Establishing Residential Parking Areas, Providing For The Issuance Of Parking Permits For Residential Parking Areas, And Providing For The Removal Of Vehicles Parked In Residential Areas Without A Valid Parking Permit.

Discussion: Speaking in support of the effort to straighten out the parking problems were Barclay Gano (527 Burg Street) and Sara Jean Wilhelm (202 Thresher Street).

Mayor Robertson closed the public hearing at 8:34pm. 

OLD BUSINESS Ordinance No. 11-00, An Ordinance To Approve The Covenant Agreement For The Colony At Bryn Du, was reintroduced by title only by Mayor Robertson. Second by Councilmember Lucier.

Discussion: Councilmember Moore commended Mayor Robertson for her part in bringing this matter to a resolution satisfactory to the parties involved. Mayor Robertson stated she felt the current plan, while it still represents the spirit of the 1994 plan, also now incorporates the concerns of the appellants.

A Roll Call vote on Ordinance 11-00 yielded six (6) affirmative votes: Councilmembers Bellman, Crais, Lucier, McGowan, and Moore; and Mayor Robertson. Ordinance 11-00 is adopted. 

Ordinance No. 12-00, An Ordinance To Amend Section 1139.05 (g), 1139.06, 1141.05(e) & (f), 1141.06, and 1147.04(b) Of The Codified Ordinances Of The Village Of Granville, was reintroduced by title only by Councilmember Bellman. Second by Councilmember Crais.

Discussion: Councilmember Crais felt the ordinance needed further discussion to address issues of undue financial burden on appellants so that citizen access is maximized, not hindered. Law Director Hurst stated he would get more exact information re transcript costs. At Councilmember Moore’s request, he also estimated that there might be, on average, five or so appeals to Council in a given year. There have been five appeals from Council to Common Pleas Court over the last ten years. Law Director Hurst also clarified that transcriptions from a tape recording (i.e., transcriptions not having been done by a trained, qualified court reporter from his or her own original transcript) do not stand up well to challenge and may be set aside. In any event, court reporters are reluctant to transcribe a tape-recorded session and always present them with a disclaimer as to accuracy. Councilmember Bellman reported that the BZBA had discussed this issue several years back, deciding in effect to have dual proceedings. In other words, the likelihood of any given issue being contentious enough to move to appeal should be fairly obvious; the more “official” procedures could be invoked when necessary, or when either the Village or the appellant elected to hire a court reporter. Law Director Hurst sees that as a good plan, saying he would hate to “lose the simplicity where the simplicity solves the problem.” 

Councilmember Crais moved to table Ordinance 12-00. Second by Councilmember Lucier. Motion carried. 

Ordinance No. 13-00, An Ordinance To Amend Chapters 351 And 303 Of The Granville Codified Ordinances, Establishing Residential Parking Areas, Providing For The Issuance Of Parking Permits For Residential Parking Areas, And Providing For The Removal Of Vehicles Parked In Residential Parking Areas Without A Valid Parking Permit, was reintroduced by Councilmember Crais. Second by Councilmember Bellman.

Discussion: Manager Hickman cautioned Council that this ordinance will be a “work in progress.” It will be difficult to enforce and officers will have to employ diplomacy and wisdom in doing so. Councilmember McGowan opposed instant towing, suggesting instead that illegally parked cars be ticketed first, then towed later. Manager Hickman noted that the stickers would not be street- specific at the beginning. He also noted that since there are some residents who are not enthusiastic at all about the prospect of this system, the Village intends to “tread lightly” at the beginning. The stickers will cost the Village $10 each.

Councilmember Crais moved to amend the effective dates in Section 1(a) to read “August 15th through May 15th.’ Second by Councilmember Moore. A Roll Call vote on the amendment yielded six (6) affirmative votes: Councilmembers Bellman, Crais, Lucier, McGowan, Moore; and Mayor Robertson. Motion carried.

Mayor Robertson asked for a clarification of the number of stickers per household. Manager Hickman stated each household would receive up to two (2) stickers, as well as two (2) visitor tags. The procedure in instances of multiple guests (i.e., a party) needs to be worked out. It was pointed out as well that possession of a sticker is not a guarantee of a parking place near one’s residence.

Mayor Robertson, in order to comply with the amended effective date, moved to modify Section 3 to provide emergency-clause language. Second by Councilmember Crais. A Roll Call vote on the motion to amend Section 3 to provide emergency-clause language yielded six (6) affirmative votes: Councilmembers Bellman, Crais, Lucier, McGowan, Moore; Mayor Robertson. Motion carried.

A Roll Call vote to declare this ordinance an emergency yielded six affirmative votes: Councilmembers Bellman, Crais, Lucier, McGowan, and Moore; Mayor Robertson. Motion carried.

A Roll Call vote on Ordinance 13-00 as amended yielded five (5) affirmative votes (Councilmembers Bellman, Crais, Lucier, and Moore; Mayor Robertson) and one (1) negative vote (Councilmember McGowan). Ordinance No. 13-00 is adopted.

At the request of Law Director Hurst, Councilmember Moore moved to adopt a resolution directing the administration to incorporate an amendment to the title of Ordinance 13-00 to reflect that it has been adopted as an emergency. Second by Councilmember Lucier. Motion carried. 

NEW BUSINESS Ordinance No. 15-00, 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 title only by Councilmember Bellman. A public hearing was set for August 16.

Ordinance No. 17-00, An Ordinance To Create A Heritage Overlay District To Replace The Current Transportation Corridor Overlay District, And to Amend The Architectural Review Overlay District, was introduced by title only by Councilmember Bellman. [Councilmember Bellman noted this was the result of a long-term effort to create more effective and clear design-review standards. Councilmember Moore asked that Council receive a recommendation from the Planning Commission prior to considering the ordinance.] A public hearing was set for September 6.

Resolution No. 00-29, A Resolution To Express Appreciation To William Ostermeyer, was introduced and read in full by Councilmember Bellman. Second by Councilmember McGowan. Resolution No. 00-29 is adopted. 

REVIEW AND APPROVAL OF MINUTES The minutes of the regularly scheduled meeting of July 19, 2000, were presented for review. Councilmember McGowan requested two changes: p.4—change “Councilmember McGowan complimented…” to “Councilmember Moore complimented…”; p.5— Change “festivities would fall on the same days” to “festival would fall on the same calendar days….” Councilmember Lucier moved to approve the minutes as amended. Second by Councilmember McGowan. Motion carried. 

COMMITTEE REPORTS Rec Commission (Councilmember McGowan). Had a 53% response to their survey sent out in the Village and the Township. The tabulated results will be used to determine future programs.

Re the Blues Festival, there are now three acts booked to date. The organizers are still working on a “national” act.

Re the Personnel Committee, a meeting will be scheduled soon now that the members of the committee are all back in town.

Economic Development Committee (Councilmember Crais). Has not met, but new web page is up. Reaction has been good, though there are still a few changes to be made. Councilmember Crais suggested that the Village post pen-and- paper at strategic locations and begin to collect e- ddresses so the response service offered on the web site can be implemented.

Streets and Sidewalks Committee (Councilmember Bellman). Discussed North Pearl Street and the advisability of doing traffic counts now that schools are out and the bridge at Dry Creek Road is closed. On South Main Street, the crown problem will be addressed shortly, at the contractor’s expense. The speed table on South Main Street at the bike path is still being considered. Also, the committee would like to try crosswalk lights at the bike-path crossing as a pilot program before installing them at the Broadway crosswalk. Councilmember McGowan noted that approximately $34,000 already has been appropriated for the Broadway crosswalk project.

Planning Commission (Councilmember Lucier). Approved plans for new Taylor’s Drug Store, as well as the renovation of one of Fred Abraham’s building next to NAPA. Councilmember Lucier asked for Council’s approval of the Planning Commission’s desire to give out awards to particularly commendable projects. Reaction was favorable.

JEDD (Jim Jump). Reported on the latest JEDD developments, i.e., that the Committee is virtually defunct. There is a proposal, however, to integrate the JEDD group as a sub- committee of an 18-month County master plan planning group currently being constituted. Council’s consensus was for JEDD to become part of the County group.

Clean-Up Day (Councilmember McGowan). Announced that he had scheduled a downtown Clean-Up Day for Saturday morning, August 5, and invited all Council members who could to join him from 9:00-10:00am. 

EXECUTIVE SESSION At 9:25pm, Mayor Robertson announced that Council needed to go into Executive Session for the consideration of personnel matters. Motion by Councilmember Crais. Second by Councilmember Bellman. A Roll Call vote on the motion yielded six (6) affirmative votes: Councilmembers Bellman, Crais, Lucier, McGowan, and Moore; Mayor Robertson. Motion carried. The Executive Session was concluded at 9:50pm.

 OTHER None 

MEETING ANNOUNCEMENTS Next Village Council meeting – August 16, 2000 

 ADJOURNMENT Councilmember Crais made a motion to adjourn the meeting at 10:15pm. Second by Councilmember Lucier. Meeting adjourned. 

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