As Plain City Council continued to discuss outdoor dining legislation, council members also reviewed their role in the village’s government.
During Monday’s council meeting, members heard the second reading of an ordinance that would allow restaurant owners to apply for a license to extend their outdoor dining areas into the public right-of-way.
They also approved an amended version, which added a provision that would allow an “applicant denied or grievant who has standing” to appeal the denial of a license, according to Village Solicitor Paul Lafayette.
The ordinance delegates authority to the Village Administrator, Nathan Cahall, to issue licenses.
However, in the case of an appeal, Cahall previously said there would be a public hearing and council would act as the appeals court and render a decision by majority.
Lafayette said there would be a fee associated with filing an appeal, although the amount has not yet been decided upon or approved by council.
Council member Frank Reed, who has previously expressed opposition to various parts of the legislation, said he was not in favor of imposing fees on those who file appeals.
Lafayette said the fee would not profit the village, but cover the costs associated with notifying nearby residents and posting a legal advertisement of a public hearing.
For comparison, Council member Darren Lee said the cost to file an appeal regarding a Board of Zoning Appeals decision is $300.
Reed then asked if a council member who opposed the decision whether to issue a license to a restaurant owner could discuss the matter at a council meeting, without paying the fee to appeal.
Lafayette asked if Reed meant to ask whether a council member could intervene before the administration issued a license, or afterward. Reed asked for an answer in both cases.
Prior to approval of an application, Lafayette said a council member could not do so.
“You’ve delegated authority to the administration to act upon the legislation you have passed,” the solicitor explained.
Lafayette provided a similar answer regarding a scenario following the approval or denial of an application.
“I would not say this is something where there could be some sort of legislative override of an administrative decision,” he said, adding that even a council member would need to follow the established appeals process.
Lee reminded Reed that council acts to enact legislation, not in an administrative capacity.
Reed reminded council he was not in favor of the delegation of authority to administrative staff from the beginning of the ordinance. He said keeping “council completely out of the loop… doesn’t seem wise.”
Lafayette said the village administrator’s authoritative power is “no different” that of the zoning inspector or building inspector. He said each person acts in accordance with legislation approved by council.
“If council is uncomfortable with the ordinance, draft legislation to make it narrower,” Lafayette said.
Reed responded, “It is what it is now, and that’s what council’s decided.”
In other business:
– Council waived three readings and approved by emergency an ordinance to accept a multi-use trail easement from Jonathan Alder Local Schools.
Cahall said the easement was essentially donated by the school district, although the village is paying a “nominal $1” for the sake of documentation.
He said the easement will facilitate construction of a planned pathway connector between the elementary school and the Darby Fields residential development, along S. Chillicothe Street.
“The hope is to have that done before the end of the first semester for our school district,” Cahall said.
He also noted the project is paid for by funds that were placed in escrow by M-I Homes. Cahall said property developers will generally pay for sidewalk connection projects, though the village may at times “fill in the blanks.”
– Council President Jody Carney said “things are running very well at the pool.” She also noted that campground revenue is keeping pace with last year, despite a late start to the season due to the COVID-19 pandemic.