VILLAGE OF GRANVILLE COUNCIL MINUTES November 3, 2004
CALL TO ORDER (by Mayor Robertson at 7:31 pm)
PLEDGE OF ALLEGIANCE
ROLL CALL Those responding to the roll call were Councilmembers Barsky, Hartfield, Herman, OKeefe, Vice Mayor Lucier and Mayor Robertson. Assistant Law Director Gorry and Manager Hickman.
Councilmember Hartfield moved to excuse Councilmember Main. Second by Councilmember Barsky.
APPROVAL OF AGENDA (7:33 pm) Councilmember Hartfield moved to amend the agenda and hold the Executive Session between Items 7 and 8. Vice Mayor Lucier also moved to amend the agenda and move to New Business (Item 15) to the beginning of New Business (Item 9). She also asked to move Other Council Matters after New Business. Vice Mayor Lucier moved to accept the agenda as amended . Second by Councilmember OKeefe.
CITIZENS COMMENTS (7:34 pm) Tom McCullough, 102 East Broadway, Lay Leader for Centenary United Methodists Church. Mr. McCullough stated that several individuals from Centenarys congregation have sent letters to Council in regards to various concerns they have with the proposed liquor license transfer for Brews Café. He stated that the main concerns stem from alcohol being served on a proposed balcony. He stated that there are also concerns with trash, noise, and parking. Mr. McCullough stated that the church would like to continue allowing public parking in their parking lot. He went on to say that they hope the parking lot will be available for church use since the church has programs and activities going on during most days of the week. Mr. McCullough stated that some additional issues relate to the entire community. He stated that the character of the village should be considered when looking at the approval of the liquor permits. He stated that the benches in the downtown area are often a gathering place for youth, and that this area could be less safe being next to an establishment where alcohol is served. Mr. McCullough stated that this could also make the community less attractive to families.
Mayor Robertson asked if the church was going to request a hearing, and were they before Council to ask them to join in their request. Mr. McCullough stated yes.
Councilmember Barsky asked if the church was objecting to the transfer of the liquor license from the current Brews Café. Mr. McCullough stated yes.
Councilmember Herman asked if the proposed balcony was the main issue that the church objected to? Mr. McCullough stated that the balcony is a large part of it, as well as the concerns over the use of the parking lot. Mr. McCullough provided an example of two cars parked in the church parking lot and stated that he witnessed individuals from one of the cars walking into Brews Café.
Debbie Link, 2567 North Street, stated that she has lived in Granville her entire life. She asked Council to consider a parents perspective when making their decisions in regards to Brews Café. She stated that Granville High School is looking at forming a focus group for alcoholism. She stated that although parents do hold a huge responsibility in raising their children, the community plays a part as well. She stated that the high school is working hard to address these kinds of concerns, and she would like to see the community stand behind them. Ms. Link stated that there are several family oriented activities in the downtown area such as the Candlelight Walking Tour, Kiwanis 4th of July, Concerts on the Green, and the Bike Tour. She stated that all of these events are family oriented. Ms. Link stated that she has concerns that the environment in the downtown area would go from family oriented to adult oriented. She stated that she agrees with Mr. McCullough and that the youth do hang out in the downtown area near the benches. She stated that the library has just passed a levy, and she can see even more kids wanting to hangout in the downtown area. Ms. Link stated that Granville is about being family and she asked the Council to keep this in mind when making their decisions.
Mayor Robertson asked Manager Hickman to clarify the procedures/process Council plays with all liquor license requests. Manager Hickman stated that the decision lies with the Liquor Control Board. He stated that in regards to this matter (with Brews Café) Council has one decision before them and that is the use of the property within the right of way. Manager Hickman stated that it was mentioned that a deli downtown has requested a liquor license, and this is not the case. He stated that there is a request for a liquor license transfer to D5 status and a new C2 request for 226 East Broadway Newkirk Design Studio.
Assistant Law Director Gorry stated that a municipality has no authority to control alcohol consumption on a licensed premises.
Mayor Robertson stated that Councils chance to do anything in regards to this matter is to request a hearing.
Assistant Law Director Gorry stated that Council can determine the zoning classification.
Councilmember Hartfield stated that if Council requested a hearing along with the church, Council can appeal to the Liquor Board to deny the request.
Councilmember Barsky asked what criteria the Liquor Board uses when making their decision?
Law Director Gorry read aloud the following criteria provided by the Liquor Board:
(c) Is so located with respect to the neighborhood that substantial interference with public decency, sobriety, peace, or good order would result from the issuance, renewal, transfer of location, or transfer of ownership of the permit and operation under it by the applicant; or (1) That the place for which the permit is sought is so situated with respect to any school, church, library, public playground, or hospital that he operation of the liquor establishment will substantially and adversely affect or interfere with the normal, orderly conduct of the affairs of those facilities or institutions; (2) That the number of permits already existent in the neighborhood is such that the issuance or transfer of location of a permit would be detrimental to and substantially interfere with the morals, safety, or welfare of the public. In reaching a conclusion in this respect, the division shall consider, in light of the purposes of this chapter and Chapters 4301. and 4399. of the Revised Code, the character and population of the neighborhood, the number and location of similar permits in the neighborhood, the number and location of all other permits in the neighborhood, and the effect the issuance or transfer of location of a permit would have on the neighborhood.
Assistant Law Director Gorry stated that the board will not accept general objections for the request, and that the evidence must deal with adverse consequences to the adjacent properties.
Councilmember OKeefe asked if Council were to request a hearing, would their request be considered more seriously than say that of another entity? She asked if Council would have to testify?
Mayor Robertson and Assistant Law Director Gorry indicated that Council should testify if they make the request to have a hearing.
Mr. McCullough stated that he was told by the Liquor Board that a legislative body would have more influence on their decision than say that of another entity.
Steve Herb, 113 Trempell Lane, stated that he would encourage this Council to remain neutral in this matter as long as no laws are being broken. In regards to a different matter, Mr. Herb stated that he would like to see the leaf pickup schedule suspended for Election Day in the future. Mr. Herb also stated that the deer population needs to be addressed.
Doug Wagner, 300 Pinehurst Drive, stated that he frequents Brews Café, but feels that the proposed three story structure would change the complexion of the village. He stated that the proposed balcony would not display a wholesome atmosphere with people drinking and smoking. Mr. Wagner stated that Council needs to look at what moral direction is the community is going. He stated that this hearing is a huge position for Council to act in some way.
Mayor Robertson asked how many people were in attendance on the churchs behalf. A formal count was not taken. Approximately, 12-15 individuals raised their hand. Mayor Robertson asked if anyone present was there in opposition to the churchs concerns. No one raised their hand.
John DeNune, 234 East Broadway, stated that he was not aware of a request for a liquor license permit for 226 East Broadway until tonight. Vice Mayor Lucier stated that Council was also just made aware of this request.
Terry Link, 2567 North Street, stated that he reads the papers and guesses that 80% of the police reports are due to the consumption of alcohol. He stated that by having more alcohol in the downtown area, it causes more work for the police force and opens a bigger can of worms.
Mayor Robertson closed citizens comments at 8:05 pm.
APPEAL HEARING 447 W. College Street Court Reporter Marilyn Houck was present to transcribe the appeal hearing. A copy of the appeal hearing is attached as part of these minutes.
Mayor Robertson asked Assistant Law Director Gorry if this matter could be discussed outside of Council? Assistant Law Director Gorry stated yes, and in this matter Council's role is part of a quasi judicial proceeding.
BRYN DU COMMISSION PRESENTATION/DISCUSSION Reed Fraley, 257 Clouse Lane, stated that Council should have received a copy of Bryn Du Commissions report. Council acknowledged that they had received the report. He thanked Manager Hickman and his staff for the work that they do. Mr. Fraley stated that the facility has been used by Granville Boosters, High School athletics, Granville Rec Commission, Columbus Polo, and a wedding. He stated that the commission is currently working with the Bicentennial Commission to host a Thanksgiving Ball. Mr. Fraley stated that the commission is currently looking at the gutted portion in the rear of the mansion. He stated that they are looking at refurbishing this particular area with a catering kitchen and bathrooms. He stated that the approximate cost would be $210,000. Mr. Fraley stated that with Councils appropriation of this money, the job could be completed by September of next year, or late October. Mr. Fraley stated that the commission has approached State Senator Jay Hottinger and State Representative Dave Evans for their support in approaching the Ohio Arts Commission. He stated that the commission is also looking at initiating requests for federal funds, as well as philanthropic donations. Mr. Fraley stated that the capital and operating budget will be available for Council later in this month. Mayor Robertson recognized members of the commission who were present at the Council meeting and thanked them for their work.
Vice Mayor Lucier asked if any revenue has been generated? Mr. Fraley stated that some in-kind donations have come in. He stated that Columbus Polo does pay a fee. He also stated that at this point they dont believe the facility can be self sustaining. Mr. Fraley stated that revenue could develop over time, but it wont be instantaneous.
EXECUTIVE SESSION Pursuant to ORC 121.22(G)(2) To consider the purchase, or sale of property&&... (118 South Main Street).
Pursuant to ORC 121.22(G)(1) To consider the compensation of a public employee.
Councilmember Hartfield moved to enter into Executive Session, Seconded by Vice Mayor Lucier.
Roll call: Herman, Lucier, Barsky, Hartfield, Robertson, OKeefe, (6, 0)
Time in: 9:50 pm.
Councilmember OKeefe moved exit out of Executive Session and return to Regular Session. Seconded by Councilmember Hartfield.
Time out: 10:10 pm.
Roll call: Hartfield, OKeefe, Robertson, Barsky, Lucier, Herman (6, 0)
PUBLIC HEARING None Scheduled
NEW BUSINESS (10:12 pm)
Ordinance No. 28-04, An Ordinance To Establish The Granville Village Managers Salary For 2005 was introduced by Vice Mayor Lucier. Second by Councilmember Hartfield.
Discussion: Councilmember Hartfield stated that Manager Hickman does a fine job and thanked him for his work.
Mayor Robertson set the public hearing for Ordinance No. 28-04 on November 17, 04.
Ordinance No. 29-04 An Ordinance To Authorize The Village Manager To Execute A Lease Agreement For The Property Located At 118 South Main Street For A Sixty Two Day Period And To Declare An Emergency was introduced by Councilmember Hartfield. Second by Vice Mayor Lucier.
Roll call on Emergency Clause: Robertson, Barsky, Lucier, Herman, Hartfield, OKeefe (6-0)
Councilmember Hartfield moved to adopt Ordinance No. 29-04. Second by Vice Mayor Lucier.
Roll call vote on Ordinance No. 29-04: Barsky, Lucier, Herman, Hartfield, OKeefe, Robertson (6-0)
Ordinance No. 28-04 is adopted.
Resolution No. 04-62, A Resolution To Establish The Maximum Annual Compensation Adjustment For Fiscal Year 2005 was introduced by Councilmember Herman. Second by Vice Mayor Lucier.
Motion Carried. Resolution No. 04-62 is adopted.
Resolution No. 04-63, A Resolution To Authorize The Village Manager To Advertise For Bids For The Purchase Of Water Treatment Chemicals was introduced by Councilmember OKeefe. Second by Councilmember Barsky.
Motion Carried. Resolution No. 04-63 is adopted.
Resolution No. 04-64, A Resolution Of Appreciation To The Denison University Panhellenic Council was introduced by Councilmember Barsky. Second by Vice Mayor Lucier.
Discussion: Mayor Robertson asked Manager Hickman to explain some of what had been done by the students. Manager Hickman stated that the students did an excellent job pulling and raking leaves, washing windows, installing storm windows, and hanging garland. He stated that there was a terrific group of young women who completed these tasks last weekend. He estimated that about 100 women helped out. Councilmember Barsky stated that the students had a good time, and when asked if the students might be willing to do another service day, she thought that they would. Mayor Robertson asked about having members from the group present at a future Council meeting to be recognized. Manager Hickman stated that a representative was not able to be there tonight, but he would check on a future date.
Motion Carried. Resolution No. 04-64 is adopted.
OTHER COUNCIL MATTERS Liquor License Transfer 116 E. Broadway Mayor Robertson stated that the question before Council is the request by the church for Council to also request a hearing.
Chris Strayer, Village Planner, stated that he might be able to shed some light on the permit requests. He stated that Brews Café had previously requested a D5 permit, but one was not available. After Brews Café requested the current permit, a D5 permit became available. He stated that it his understanding that Brews Café would like to have the D5 permit used where Brews Café is now located. Council asked if the old Brews Café would still be a restaurant. Mr. Strayer stated that he was not sure. Councilmember Hartfield asked if the D5 request makes it six liquor license requests total. Mr. Strayer stated yes. She asked if they could use all of them if they bought five different buildings. Mr. Strayer stated yes if the permission to transfer is made and granted. Manager Hickman stated that they are researching who has the liquor license and where they are for. He stated that more information will come before Council soon. Mayor Robertson asked when is the deadline to request a hearing? Manager Hickman stated in few days. Mayor Robertson stated that this matter needs to be addressed tonight. Councilmember OKeefe asked what C2 status is? Mr. Strayer stated that one classification is for beer, one is for carryout, and one is for the consumption of beer and wine.
Mr. McCullough provided a list of the permit classes and fees. They are attached as part of these minutes.
Councilmember OKeefe stated that she heard strong comments from people about changing the characteristics of the village from family centered to adult centered activities.
Councilmember Barsky stated that as far as the Liquor Board it seems that if Council were to request a hearing part of the argument needs to include that there would be adverse effects to adjacent properties.
Assistant Law Director Gorry stated that Council can attend the hearing in opposition of the permit.
Councilmember Herman stated that if Council takes the opposition stand, they need to have a clear idea on what the adverse effects are to the adjacent properties.
Councilmember Hartfield stated that she thinks the church has shown some adverse effects.
Councilmember Herman asked if Council has the option to go to the hearing as an interested party?
Assistant Law Director Gorry stated that Council needs to make a decision whether or not they want to request a hearing, and they dont necessarily have to formulate a policy.
Councilmember OKeefe mentioned the churchs concerns of trash, safety, character, and parking.
Councilmember Herman asked if the church had requested a hearing. It was stated yes.
Manager Hickman stated that Assistant Law Director Gorry has stated that Council can request a hearing, but they dont necessarily need to decide on what their concerns are tonight.
Councilmember Hartfield made a motion to join the church in a request for a hearing. Seconded by Councilmember OKeefe. Councilmember Hartfield indicated that this motion would include the transfer for a permit, as well as the new request for a permit both hearings.
Mayor Robertson stated that with this request Council will have the option to speak and they can decide on their stance with the matter, but it doesnt have to be tonight.
Councilmember Herman stated that an offer to extend an invitation to the applicant (Brews Café) should be made for the next Council meeting to discuss issues relative to the concerns made tonight. Manager Hickman stated that he would contact them.
Granville Solvents Councilmember Hartfield stated that the LSSU Committee has been made aware that the cleanup effort is finished. She stated that a request came in to have Council provide something formally written that supports the redevelopment of the site. Councilmember OKeefe asked how Council could say the site is cleaned up? Vice Mayor Lucier stated that they wouldnt need to state that the area is cleaned up, but that the request simply asked Council to support redevelopment on the land. Councilmember Herman stated that he is not sure he sees the public benefit of this recommendation by Council. Councilmember Hartfield stated that the EPA spokesman (Jerry Myers) feels that any funding is more likely with Councils support. It was stated that the site has been mentioned as a possible area for senior citizen housing. Mayor Robertson asked for the individual requesting Councils support to be invited to speak at a future meeting.
1956 ODOT Oil Spill Manager Hickman stated that 50,000 gallons of crude oil spilled during road construction across from Raccoon Valley Golf Coarse in 1956. He stated that if the EPA is approached, they may be willing to work with Marathon and ODOT to start an investigative procedure. Vice Mayor Lucier stated that the Ohio EPA has a desire to investigate this. Council agreed to have the matter looked at.
Crosswalks @ S. Main & Newark-Granville Road Manager Hickman stated that if new signs are installed on South Main Street and Newark Granville Road it might give a false sense of security to a point that it might be best to not have any signs. Manager Hickman stated that he is looking for Councils suggestions. Councilmember Hartfield stated that the crosswalk on South Main is very unpredictable and dangerous. Manager Hickman stated that it is younger children who tend to walk, thinking that traffic will stop. Mayor Robertson asked if we could investigate going under or over the road. Manager Hickman stated that they have looked at this, and under the road is not do-able because of sewer lines. He stated that if they went over the road, the bridge would need to be really high. Council discussed the crosswalk lights. Councilmember Hartfield stated that the South Main crosswalk is unique. She stated that it looks like an intersection in many places, but it is not. Mr. Strayer stated that design things could be done to slow down traffic. Council discussed the fines associated with the crosswalk and whether or not they work. Vice Mayor Lucier stated that if someone were caught and fined and this was publicized it might allow the fines to work. Mr. Strayer stated that Mr. Berdan had suggested a small median to be installed. Council agreed to further look at this idea in the future.
Council Planning Projected Issues/Dates Council had a general discussion in regards to charting topics that are in committee and when they will be coming out of committee. Mayor Robertson stated that there needs to be a better lay out of things that Council is working on. She stated that she has designated a steering committee to include Manager Hickman, Vice Mayor Lucier, and herself. She stated that when a committee has something that they think will be coming out of committee to let her know. She stated that better projecting will make it so not everything is on one agenda. Mayor Robertson indicated that this was something she wished to try and if it works great if not something else could be tried. Mayor Robertson stated that the dates reflected on the chart are dates that where any information is gathered it could be distributed to the committees. Councilmember Hartfield stated that some of the items listed for the committees to discuss are lengthy topics. She stated that the committees shouldnt be over burdened with lengthy topics plus the regular housekeeping things that come about. Mayor Robertson stated that any changes in the dates can be sent to her. She stated that the purpose of projecting the issues is so that Council is not in a position that they cant pass legislation because its not done in a particular committee. Councilmember Herman stated that he wished to know what was driving the need for this chart, and he indicated that he had an issue with calling it a steering committee. Mayor Robertson indicated that it doesnt need to be called a steering committee. Mayor Robertson stated that it is a flowchart, and it is not an attempt to assign work to committees. She stated that the chart simply coordinates the work with other committees, as well as the staff. Councilmember Barsky stated that for example she asked Manager Hickman to provide her with a list of priorities that the staff saw for the Planning and Zoning Committee. She stated that this way the committee can push the stuff through set up stuff to talk about finish it and get it out of their committee to the next committee. Councilmember Hartfield stated that its seems like the chart is like the critical path, and she doesnt quite understand it. Mayor Robertson stated that this is not an exhaustive list. She stated that the staff is strained and that this list is a way for Manager Hickman, Vice Mayor Lucier, and herself to decide on what the agenda will be, and not just Manager Hickman. She stated that until now, Manager Hickman has been preparing what should and should not be on the agenda, and by having all three of them involved it will lessen some burden off of Manager Hickman. Mayor Robertson went on to say that this Council has worked very hard and that no other Council has worked as hard as this Council. Councilmember Hartfield asked if this chart is due to a strain on staff. Mayor Robertson stated that this strain needs to be recognized.
OLD BUSINESS None Scheduled
REVIEW OF MINUTES (Tabled) Regularly Scheduled Meeting of October 20, 2004
COMMITTEE REPORTS (Tabled) Economic, Finance, Personnel Committee Light, Safety, Sts/Sidewalks & Utility Committee
Planning Commission Planning & Zoning Committee Recreation Commission Senior Committee
ADJOURNMENT At 11:15 pm, Councilmember Hartfield moved to adjourn the meeting. Second by Vice Mayor Lucier. Motion carried, 6-0. Meeting adjourned.
Submitted by Melanie Schott