VILLAGE OF GRANVILLE COUNCIL MEETING MINUTES September 6, 2000
CALL TO ORDER (by Mayor Robertson at 7:36pm)
ROLL CALL (7:36pm) Those responding to the roll call were Councilmembers Crais, Moore, McGowan, and Lucier; and Mayor Robertson. Attorney Robert Erhard was present to sit in for Law Director Hurst. Councilmember Crais moved to excuse Councilmember Bellman and Vice Mayor Wernet; second by Councilmember Lucier. The motion passed. [Note that Manager Hickman arrived at 8:17pm, Councilmember Bellman at 8:45pm, and Vice Mayor Wernet at 8:47pm.]
CITIZENS’ COMMENTS (opened by Mayor Robertson at 7:37pm) Miscellaneous: Jeff Oster, 4049 Goose Lane. [Note: Councilmember Crais excused himself from his seat at the Council table when Mr. Oster rose to speak.] Mr. Oster complimented Council on recent improvements on South Main Street, and thanked Council for facilitating the Blues Festival. He then spoke on behalf of the “shoestore project” on Cherry Valley Road. As the lone commercial entity on that stretch of Cherry Valley Road, Rambling Rose is experiencing problems with its neighbors on both sides (one is a virtual car lot, the other has a “derelict appearance”). Mr. Oster stated asked Council to keep that area in the forefront of its development/beautification plans since it’s the “single most traveled artery from Newark to Granville.” He also wondered if it were possible to change the zip code to “43023” on the Granville section of Cherry Valley Road and felt all of his suggestions would increase the likelihood of having businesses on that stretch that would be positive additions to the community. [Councilmember Crais returned to his seat once Mr. Oster had concluded his remarks.]
Kendal: Kitty Consolo, 18 Samson place. Formally presented Council with a petition containing 455 signatures from Township and Village residents who object to the proposed Burg Street site for Kendal, not to the concept itself. Asked that the petition be kept on file. She also conveyed the group’s opposition to any change in zoning, especially one that might contradict the master plan and include extension of water and sewer. Ed Vance, 248 Thornwood Drive. Spoke in favor of Kendal using the Burg Street site. Also asked that the Village Manager be vigilant about the painting of curbs.
Mayor Robertson closed Citizens' Comments at 7:50pm.
[NOTE: Items 4 (Public Hearings) and 5 (Old Business), as well as Item 6.B under New Business were delayed until later in the meeting to await the arrival of Councilmember Bellman and Vice Mayor Wernet. The other business on the agenda was conducted in the interim. The delayed agenda items began to be addressed at 8:37pm.]
PUBLIC HEARINGS (8:37pm) A public hearing was held for Ordinance No. 17-00 (Heritage Overlay District, Architectural Review Overlay District) No one appeared to speak for or against the hearing. Mayor Robertson closed the public hearing at 8:37pm.
(8:38pm) A public hearing was held for Ordinance No. 18-00 (Appropriation Ordinance). No one appeared to speak for or against the issue. Mayor Robertson closed the public hearing at 8:38pm.
OLD BUSINESS (8:38pm) Ordinance No. 18-00, 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 reintroduced by Councilmember Lucier. Second by Councilmember Crais.
Discussion: Broadway Island Irrigation System: Councilmember Moore asked for clarification of the request. Manager Hickman stated that the $7,600 was for labor, materials, and power to automatically turn the sprinklers on and off and to synchronize the watering (currently done by garden-club members on a rather inconsistent schedule). Councilmembers Moore, Crais, and Lucier all questioned whether a Village employee (perhaps even a part-time person paid for by the funds being requested) could turn the sprinklers on and off. Manager Hickman said it might work in theory but that operating the sprinklers would not be a priority for the water department. He also said he would check on why the part-time employee already assigned to that job is obviously not doing it. Mayor Robertson asked for more details before Council could consider approving this request.
Asphalt for Mt. Parnassus Condominiums: Councilmember Moore asked for clarification. Manager Hickman explained that the request for funds is the result of a compromise between the condo association and the Village wherein it was agreed that if the condo association paid for a new lift station ($45,000), the Village would agree to pay for the paving.
Jones Road Improvements: Councilmember Moore stated she had concerns about too few bids being received. Manager Hickman noted that this issue had been discussed at Council’s most recent meeting, then reiterated that a number of factors might be responsible (e.g., the time of the year, etc.). Vice Mayor Wernet felt it might also be that the economy is too good and contractors are not looking aggressively for jobs. Manager Hickman reviewed the Village’s advertising strategies (i.e., ads in The Advocate for three consecutive weeks, as well as notices in the Dodge Report).
Lewis Park: Councilmember Bellman asked if the bigger barn could be redone to make it look more natural (i.e., siding and a higher- pitched roof) so kids who might want to have overnights could do so. He also suggested possibly insulating the concrete floor if there were plans to eventually provide heat in the barn. [Maxine Montgomery, a member of the Park Board, was at the meeting at the request of Councilmember Bellman to answer questions. She stated that the committee had discussed the pros and cons of waiting to pour concrete floors until they had a more complete plan for the buildings, or going ahead with floors and prioritizing afterwards. Their consensus was to go ahead and pour the floors.] Councilmember Bellman was concerned that work done now would have to be undone if later planning called for insulation, plumbing, etc. Councilmember Crais agreed that more planning up front would serve everyone well in the long run and suggested that this portion of Ordinance 18-00 be deleted. [Mrs. Montgomery noted that the committee is trying for some grant money and a more specific plan would be very helpful in that process.] Councilmember Moore suggested that Mrs. Montgomery investigate NatureWorks for grant possibilities. Mayor Robertson invited someone from the committee to come to the next Council meeting; Mrs. Montgomery, in turn, invited Council members to attend their next meeting. Vice Mayor Wernet moved to remove A3-4f-250 from Ordinance 18- 00; second by Councilmember Crais. A Roll Call vote yielded seven (7) affirmative votes: Councilmembers Bellman, Crais, Lucier, McGowan, and Moore; Vice Mayor Wernet, Mayor Robertson. The amendment passed. Councilmember Moore moved to remove A1-4f-250 from Ordinance 18-00; second by Councilmember McGowan. A Roll Call vote yielded seven (7) affirmative votes: Councilmembers Bellman, Crais, Lucier, McGowan, and Moore; Vice Mayor Wernet, Mayor Robertson. The amendment passed. A Roll Call vote on Ordinance 18-00 as amended yielded seven (7) affirmative votes: Councilmembers Bellman, Crais, Lucier, McGowan, and Moore; Vice Mayor Wernet, Mayor Robertson. Ordinance 18-00, as amended, is adopted.
(9:13pm) Presbyterian Church Alley Appeal – Discussion/Decision
Discussion: Mayor Robertson asked Mr. Erhard to restate Council’s mandate. Mr. Erhard noted that the decision of the Planning Commission has been appealed and a public hearing was held August 16, 2000. Council is obligated to render a decision by the following council meeting (September 6, 2000) and to set forth in writing within 45 days thereafter both the decision and the findings of fact. Section 1137.01(j) of the Code gives Council the option to affirm, reverse, revoke, modify, or remand for further proceedings. Any decision should be supported by evidence from hearing and from planning commission.
Councilmember Crais noted that it was clear in the record that the alley was supposed to be 16 feet wide and it’s not. What is less clear and, therefore, the crux of the disagreement, is whether the error is substantial or not. Councilmember Crais remains unsympathetic to the argument that forcing the church (and thereby the construction company) to adhere to its initial agreement would adversely affect the church. He is more concerned about whether an alley less than 16 feet wide poses a serious problem to the residents, and feels it may well do so. As a point of information, Councilmember Lucier asked if the church would have had to request a variance if the Planning Commission had not ruled that the modification was “minor.” Mr. Erhard said if the modification had been ruled “substantial,” the church would have had to formally amend the plan by repeating the entire process. Councilmember Crais noted that the road had originally been wider at one end than the other and making it straight had had a more substantial impact than originally envisioned. Councilmember Bellman agreed and felt that since parking is a critical issue, he would support having the road finished per design. Mayor Robertson, saying she had looked at the site twice, suggested a compromise wherein the road could be widened (as originally specified) at the Broadway end to address the need for the three parking places, but left alone adjacent to the vestibule (even though that does not correct the error). She also noted that she had been on the Planning Commission at the time the church’s plans were approved and could verify that Mr. Seith has been through a great deal in the course of this project. The bottom line is that, though he was given assurances that he would be getting what he needed; he did not. Councilmember Bellman stated he would feel comfortable remanding this to the Planning Commission to discuss widening. Councilmember Moore said she attended a meeting during which they had that discussion and concluded widening wasn’t necessary (though their reasons are not apparent from the minutes of that meeting). Mayor Robertson asked for opinions re the contractor’s contention that opening a “wound” in the pavement was a reason not to widen the road. Vice Mayor Wernet felt the entire width of the alley could be repaved if the widening would serious weaken the surface. Manager Hickman noted it’s a positive that this alley is not heavily traveled and assured Council that the Village would take care to keep the seam sealed. Councilmember McGowan asked for verification this was would be at the contractor’s cost. Vice Mayor Wernet stated that if Council were to decide that 16 feet is the proper width, the contractor would bear the burden. He could elect to give the church back some money, give the Village money to seal the joint whenever necessary, or even agree to come back and do it himself. Mr. Erhard cautioned Council that their role is only to decide if the “minor” deviation is actually “major.” Council may not dictate a solution; the Planning Commission will decide on its own how to rectify the situation. [Mr. Erhard questioned whether Locust Place was ever really a dedicated road. Mr. Seith reported he had researched the issue and discovered that there was a naming ordinance passed in 1906 that also defined where Locust Place lies. No width is specified but it is designated as a street marking the western and northern boundaries of the northwest corner of the Village Square. Mr. Seith suggested the Village update the description since the current records now show Locust Place running straight through a building.] Councilmember Crais, citing Page 7 of the transcript re the standard for review, moved to reverse and remand the decision of the Planning Commission in this matter since it is not supported by a preponderance of the evidence. Second by Councilmember Moore. Councilmember Lucier moved to amend Councilmember Crais’ motion to specify that the narrowing of the area of the parking spaces was not a minor modification. Councilmember Bellman seconded the motion to amend. A Roll Call vote on the motion to amend yielded seven (7) affirmative votes: Councilmembers Bellman, Crais, Lucier, McGowan, and Moore; Vice Mayor Wernet, Mayor Robertson. The motion is amended. A Roll Call vote on the amended motion yielded seven (7) affirmative votes: Councilmembers Bellman, Crais, Lucier, McGowan, and Moore; Vice Mayor Wernet, Mayor Robertson. The motion passed. Mr. Erhard noted that Council does not have to wait the full 45 days to issue their finding of fact.
NEW BUSINESS (7:50pm) Ordinance No. 19-00, An Ordinance To Amend Ordinance No. 13-00, Chapter 351.16 Sections (a) and (c ) Of The Codified Ordinances Of The Village Of Granville, And Declaring An Emergency, was introduced by title only by Councilmember Lucier. Second by Councilmember Crais.
Discussion: The amendment is sought to include the 200 block of Summit Street and all of North Plum Street in the permit-parking ordinance. Councilmember Crais moved to replace “continguous” with “adjacent” so that eligible properties do not have to touch the street in question. Second by Councilmember Moore. A Roll Call vote yielded five (5) affirmative votes: Councilmembers Crais, Lucier, McGowan, and Moore; Mayor Robertson. The motion passed. A Roll Call Vote to declare an emergency yielded five (5) affirmative votes: Councilmembers Crais, Lucier, McGowan, and Moore; Mayor Robertson. The emergency is declared. A Roll Call vote on Ordinance 19-00 yielded five (5) affirmative votes: Councilmembers Crais, Lucier, McGowan, and Moore; Mayor Robertson. Ordinance 19-00 is adopted. [Note: Mayor Robertson is to convey the result of this vote to Manager Hickman and ask him to inform the affected residents.]
(9:12pm) Resolution No. 00-31, A Resolution To Award The Bid For Jones Road And Culvert Improvements, As Per Specifications, To Layton Excavating, Inc. And To Authorize The Village Manager To Enter Into An Agreement Therefore, was introduced and read in full by Councilmember Lucier at 9:12pm. Second by Councilmember Bellman. A voice vote on Resolution 00-31 yielded seven (7) ayes. Resolution 00-31 is carried.
(7:53pm) Resolution No. 00-32, A Resolution Dismissing The Citizen Appeal Related To The Site Plan Approval For The Colony At Bryn Du, was introduced and read in full by Councilmember Moore. Second by Councilmember Crais. A voice vote on Resolution 00-32 yielded 5 ayes. Resolution 00-32 is carried.
REVIEW AND APPROVAL OF MINUTES (7:54pm) The minutes of the regularly scheduled meeting of August 16, 2000, were presented for review. Councilmember McGowan requested the following additions to the record of the discussion re Resolution No. 00-30: “Councilmember McGowan asked if savings would result from installing the sewer on the west side of the road; Mr. Turner and Mr. Zarbaugh said not. Mr. McGowan asked if there were any savings to blacktop curbing vs. concrete; Mr. Turner and Mr. Zarbaugh said not. Mr. McGowan asked if the Village would incur any additional cost to repair the incorrect crown; Mr. Turner and Mr. Zarbaugh said not. Councilmember Lucier moved to approve the minutes as amended, pending a review of the tape. The motion carried. [Note: re Mr. McGowan’s requested additions, Council instructed the Deputy Clerk to review the tape of the meeting in question and report to Council at the next meeting. Second by Councilmember Crais.] [Note from Council meeting on September 20, 2000: “The Deputy Clerk reported that Councilmember McGowan’s remarks were not on the tape at the point in question. However, since many members of Council remembered a discussion that included the questions and answers indicated, it was decided that the reference may stay in the Minutes for September 6, 2000.”]
COMMITTEE REPORTS (7:55pm) Development Committee (Councilmember Crais). Has not met. The Township Trustees have submitted language for the brochure and the two groups will meet fairly soon to finalize the brochure as well as to discuss the revised Granville web page.
Finance Committee (Councilmember Moore). Will meet Friday. Newark-Granville Joint Committee (Mayor Robertson). Plans to meet once in September. October meeting will include Jay Hottinger and David Evans to discuss the north-south road.
Personnel Committee (Councilmember McGowan). Met August 30; will again September 12 to discuss salaries and the high rate of police turnover.
Planning Commission (Councilmember Lucier. She has not attended a Planning Committee meeting since the last council meeting but is aware that the Commission is reviewing the Heritage Overlay District proposal.
Rec Commission (Councilmember McGowan). Met last night; still reviewing surveys, especially looking at ideas about pay-to-play procedures for folks outside Granville Village/Township, space concerns related to all activities, and a possible user fee. Street Light Committee (Councilmember McGowan). The lights are on their way (per Manager Hickman).
Streets & Sidewalks Committee (Councilmember Crais). Set out a schedule of discussion on proposals from the Beautification Committee (2nd and 4th Mondays of each month) and hope to have members of the Beautification Committee at these meetings. Continued discussions of the South Main Street bike-path crossing (i.e., the pros and cons of a speed-table installation) and expect designs to be finalized in September. Discussed Sunrise Alley and asked Manager Hickman to speak with the residents about the best and most cost-effective method of improvement. (Note: the alley is being improved at the request of a homeowner to provide for entrance off of Sunrise Street rather than Granger Street.) Re projects for 2001, Manager Hickman reviewed them for budget purposes and will work on the list through the next two months. Granger Street will be high on the list. Councilmember Lucier asked about the fencing she had seen on the bike path near the crossover. Manager Hickman explained that it had been put up to prevent shortcuts through the NAPA/Granville Milling area. Finally, Councilmember Crais noted that the committee had also discussed ways to minimize the dangers of the sidewalk along golf course (e.g., widen it, re-grade the precipitous drop-off to the green below, etc.).
Tree and Landscape Committee (Councilmember Moore) Councilmember Crais reported that Kirsten Pape was working on the South Main Street plan presented at a previous meeting. Ms. Pape feels that the amount of work going into beautification has been steadily rising. She urges the village to look into employing someone to undertake many of these tasks.
Union Cemetery Board (Councilmember Lucier). Has not met.
OTHER (8:10pm) Truck Scales (Mayor Robertson). After reading Harold Attebery’s letter in The Sentinel, she phoned him to ask if he had talked with anyone from the Village about the Village using the Mill’s scales for a fee. Mr. Attebery referred Mayor Robertson to Phil Watts, who said he was willing to speak with her about it. Mayor Robertson asked council members for their reaction to the possibility of delaying an action that has already been voted on until she talks with Mr. Watts. Councilmember McGowan asked Manager Hickman if the scales had already been ordered; they have. Manager Hickman reported he had had previous conversations with Mr. Watts and “didn’t get a favorable response.” Even so, the consensus of Council was for Manager Hickman to check on the status of the order and keep close tabs on the scales while Council talks with Mr. Watts. Councilmember Crais felt that using scales belonging to the Mill might end up being messy, besides which the project has been delayed too many times and, in its unfinished state, is an eyesore. Councilmember McGowan felt the Mill location would be much safer and would rather wait an extra two weeks to see if this will work. Mayor Robertson suggested using the Mill scales as a trial to see if the theory works, and doesn’t mind “looking like we’re trying to exhaust every possibility.” Councilmember Crais objected to Council “bowing” to pressure; Mayor Robertson felt it was more like “bending.” Councilmember McGowan, stating that the majority of people in the community do not like the South Main Street location and also think it’s a safety concern, felt Council should listen to its constituents’ opinions. Councilmember Crais prefers to move forward on the plan already agreed to and funded. Vice Mayor Wernet was supportive of exploring what might be a better solution even though Council has already made a decision. Mayor Robertson said she would talk with Mr. Watts and then contact Manager Hickman before the next meeting. MEETING ANNOUNCEMENTS Next Village Council meeting – September 20, 2000
EXECUTIVE SESSION (10:00pm) Councilmember Crais moved that Council go into executive session for the purpose of discussing personnel matters. Second by Councilmember Lucier. A Roll Call vote yielded seven (7) affirmative votes: Councilmembers Bellman, Crais, Lucier, McGowan, and Moore; Vice Mayor Wernet, Mayor Robertson. All not involved in the executive session left the chamber. At 11:27pm, Councilmember Crais moved to close the executive session; second by Councilmember Bellman. A Roll Call vote yielded seven (7) affirmative votes: Councilmembers Bellman, Crais, Lucier, McGowan, and Moore; Vice Mayor Wernet, Mayor Robertson. The session was closed.
ADJOURNMENT Councilmember Crais made a motion to adjourn the meeting at 11:28pm. Second by Councilmember Moore. Meeting adjourned.