Granville Community Calendar

Council Minutes OCTOBER 19, 1994

VILLAGE OF GRANVILLE
COUNCIL MEETING MINUTES
OCTOBER 19, 1994
CALL TO ORDER
Mayor Eisenberg convened the meeting at 7:32 p.m.
ROLL CALL
Those responding to the roll call were:
Councilmember Garrett
Councilmember Shulman
Councilmember Montgomery
Councilmember Bennett
Councilmember Freytag
Vice Mayor Marshall
Mayor Eisenberg
Law Director Hurst
Assistant Village Manager Joe Hickman sit in for Manager Plunkett.
PUBLIC HEARING
A public hearing was held on Ordinance No. 30-94, "An Ordinance To Amend
Ordinance No. 43-93 Providing For Adjustments Of The Annual Year Budget For The Fiscal 1994 And Revising Sums For Operating Expenses."
No one appeared to speak for or against Ordinance No. 30-94. The public hearing closed at 7:35 p.m.
REVIEW AND APPROVAL OF MINUTES
The minutes of the regularly scheduled meeting of October 5, 1994, were presented for review. Councilmember Freytag moved to approve the minutes as corrected. Seconded by Vice Mayor Marshall. Motion carried.
MAYOR'S REPORT
The Mayor's Report for the month of September was presented for review. Mayor Eisenberg directed the clerk to file the report. A copy of that report is attached as part of these minutes.
MANAGER'S REPORT
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The Manager's Report for the month of September was presented for review.
Vice Mayor Marshall moved to approve the report. Seconded by Councilmember
Bennett. Motion carried. A copy of that report is attached as part of these minutes.
CITIZENS COMMENTS
Those signing the register were:
Ed Vance Carolyn Huey Larry Huey
Carolyn Huey stated that she was very concerned with the neon sign at Brew' Cafe which had been installed s in late September of last year. She stated that she had
asked Doug Tailford if the sign was appropriate and legal. She stated that Mr. Tailford's first reaction was that the sign was not legal. Mr. Tailford later stated that the sign was legal and only temporary. Mrs. Huey stated that when Mr. Tailford was questioned as to how long temporary is he had stated that he did not know, he guessed one year. Mrs.
Huey stated that Mr. Tailford is very busy and is not interested in the neon sign. She stated that one year has expired and in her opinion, the sign is illegal. She stated that she would very much like to see the sign leave.
Mayor Eisenberg directed Assistant Manager Joe Hickman to direct Mr. Tailford to look into the situation.
Ed Vance of Sensibilities Inc.,stated that he had been told by Village Manager Doug Plunkett that Council would have the dollar amounts for the repairs at 118 South Main Street. He stated that he did not see it on the agenda and asked if this was an appropriate time to discuss the situation?
Mayor Eisenberg stated that the issue would be discussed under old business.
COMMITTEE REPORTS
Vice Mayor Marshall reported on the Utilities Committee meeting of October 18. He stated that Joe Hickman and Manager Plunkett had attended the meeting to discuss Mr. Plunkett's recent memo regarding sewers. He stated that the committee agreed with the substance of the memo and had agreed to recommend that Council proceed to get a bond issue in place to fund the sewers. Mr. Marshall stated that the costs in the memo are a "best estimate"which may later have to be altered. Mr. Marshall stated that Mr. Hickman and Manager Plunkett are scheduled to meet with Village Engineer Jerry Turner on Thursday to further discuss the costs. He stated that he thought the costs were pretty close to the actual cost and the committee's recommendation had been to ogothearheitaedmswith the project. He stated that some of the work is EPA mandated and the are needed.
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Mayor Eisenberg asked what the estimated increase to the sewer debt service
charge for rate payers would be?
Joe Hickman stated that the additional cost would be approximately 0$.50 per
thousand gallons.
Vice Mayor Marshall stated that the cost would "wash out"as more customers tie
into the system.
Councilmember Freytag asked if the tap (capacity)fees were included in the
costs and how many likely customers would the sewers service?
Mr. Hickman stated that tap fees were not included. He stated that as far as
customers tying in, he didn't have an exact figure.
Vice Mayor Marshall estimated that 50 to 60 additional customers would be tying
into the sewer system. He stated that the sewers need to be done and the committee
suggests that an ordinance be prepared to go for the bond money.
Councilmember Shulman stated that it was his understanding that another
Utilities Committee meeting would be held to discuss the outcome of the meeting with the Village Engineer.
Mayor Eisenberg stated that it was the consensus of Council to proceed with the
necessary steps to begin the project if the costs do not change substantially.
Councilmember Garrett stated that the Planning Commission meeting did not meet on Monday because there was no business. She stated that the Joint Parks
District Committee had met, however she did not have a report on the meeting. She stated that she understood that Steve Brown had been appointed as the seventh member of the committee.
Law Director Hurst stated that he had been given a list of questions for legal research for the committee. He stated that he is the counsel to the Village but, unless he had missed something, advising the Parks District is way outside the scope of Council business.
Councilmember Garrett stated that committee had raised the question f"rom whom do they receive legal advice.S"he stated that Manager Plunkett had told the committee that Mr. Hurst would be available for legal advice however, the committee wMor.uHlduhrsatv.e to direct their questions to Mr. Plunkett and he would relay the concerns to
Law Director Hurst stated that the questions submitted to him by the committee needed to be researched. He stated that it was not something that would take a few minutes to answer. He stated that someone needed to determine who is going to pay for the committee's legal advice.
Councilmember Freytag ask what the nature of the questions had been? Law Director Hurst submitted the questions to Councilmember Freytag. He stated that if Council directs him to respond to the questions he would be so. Mayor Eisenberg stated that he would have Manager Plunkett contact the trustees about perhaps splitting the cost of the legal services. He stated that if the work
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is such that Law Director Hurst and the County Prosecutor can't handle the project, the
Village and Township both should provide money for a law director for the committee.
Councilmember Freytag stated that firstly, Council needed to determine how
difficult of a project it was going to be. He stated that he believed that the statute may
answer many of the questions.
Councilmember Montgomery asked if the Joint Parks District would replace the
Recreation Commission?She stated that she thought the Recreation Commission
would become an arm of the Parks District. She stated she would like to nurture the
feeling that no one is trying to eliminate the Recreation Commission.
Councilmember Freytag stated that it was his understanding that the Recreation
Commission would be renamed in order to obtain legal status. He stated that wanted to eliminate the Recreation Commission. no one
Mayor Eisenberg stated that he and Manager Plunkett are on a task force to make recommendations to the school board as of what to do with the old middle school.
He stated that use alternatives include selling the building or demolishing the building.
Mayor Eisenberg stated that he had volunteered to ask Council how they feel about
commercial in that area. He stated that several things have been proposed for the area. He stated that someone is interested in using the building for a senior citizens home.
He stated that he was trying to get a sense of Council as to what type of business, if
any, Council would prefer in that area.
Vice Mayor Marshall stated that it depends entirely on the kind of business. He stated that he would think one would want to strictly rezone the property. He stated that it would have to be a business that did not have much traffic.
Councilmember Garrett stated that the area was a residential district. She stated that she had understood that the neighbors wouldn't object to a senior citizens home but, they may object to commercial.
Mayor Eisenberg stated that it is very difficult to come up with a good use for the building. He asked if Council could think of a potential use for the building ?
Councilmember Montgomery asked if the school kept the building for a central administrative office, would that require rezoning?
Mayor Eisenberg stated that he did not think so. He stated that the committee has broken up into several task forces. He stated that his particular group is looking into the sale or demolition of the building.
Mayor Eisenberg stated that the cost to remove all asbestos from the building is approximately1 $00,000. He stated that if you bulldoze the building, the demolition would cost about 1$00,000 plus 5$0,000 for the asbestos removal plus an additional amount to fill in the hole after the demolition. He stated that the school district could probably squeeze 6 lots on that land. He stated that he would relay to the committee that their would be no guarantee that a rezoning would be approved. purpoLsaews?Director Hurst asked how much it would cost to reuse the building for other
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Mayor Eisenberg stated that another task force is looking into that possibility
which will all be spelled out in the final report. Mayor Eisenberg stated that it was
interesting to know that Council's reaction to multi- family is generally favorable.
Councilmember Freytag stated that his initial reaction to multi-family is not
favorable. He stated that he wouldn't say absolutely no to multi-family, however his
initial reaction is no.
OLD BUSINESS
Ordinance No. 30-94, " An Ordinance To Amend Ordinance No. 43-93 Providing
For Adjustments Of The Annual Budget For The Fiscal Year 1994 And Revising Sums
For Operating Expenses," was introduced, title read, and moved for adoption by
Councilmember Freytag. Seconded by Vice Mayor Marshall.
Roll call vote: Freytag yes, Bennett yes, Montgomery yes. Shulman yes, Garrett
yes, Marshall yes, Mayor Eisenberg yes. Seven yes votes, Ordinance No. 30-94 was adopted.
118 South Main Street
Ed Vance, President of Sensibilities Inc.,was present to discuss payment of
repair bills for 118 South Main Street. He stated that he had not seen the memo Doug Plunkett had presented to Council regarding the issue. Mr. Vance had prepared a list of
the current bills which had been paid and the bills which still required payment. Mr.
Vance stated that he was unsure how his list compared to Mr. Mr. Plunkett's list a( copy of Vance's list is attached as part of these minutes).
Mr. Vance stated that the $5,000 which Council authorized in August for the
repair of the back section of the building had been over spent and the work is still not completed. He stated that the list he presented shows the bills to date. He stated that in addition to the list, he has an invoice for the installations and drywall which have not been compete. He stated that the siding and the gutter work will have to be done also to finish up the job. Mr. Vance stated that he had tried to show additional costs encountered separately as "extra work.T"hese extra work costs had not been included in any of the estimates that Council had received but still needed repair. Mr. Vance stated that, for example, the flashing was an extra item which needed to be completed. Mr. Vance stated that the counter flashing seemed to correct the leaking problem. He stated that it had rained several times since the repair and there wasn't any water in the building. He stated that the Hanna's bill for 3$65 was for the repair of the pavement in front of the doors which over the years had deteriorated. The bill from Jone's Painting was for the painting that was required after the other job was complete. Mr.Vance stated that the list is a breakdown of the repair bills. He stated that firstly, Sensibilities Inc.,started paying the bills directly to the contractor then asked for reimbursement from the Village. He stated that Mr. Plunkett was unhappy with that method and requested the Sensibilities Inc.,submit the bills directly to the Village for
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payment. Mr. Vance stated that Manager Plunkett's list of bills may include some other
items in addition to his list, for example, a bill from Richardson Glass and a plumbing
bill.
Mayor Eisenberg stated that without going into the line for line items, according
to the total which is $5,684, Sensibilities Inc.,exceeded the $5,000 by a couple
hundred dollars.
Mr. Vance stated that compared to the actual tasks Sensibilities Inc.,had spent
5,083.42. The other column on his list is for the extra work which was not envisioned
in the $ 5,000 which Council authorized.
Mayor Eisenberg stated that Council had had this discussion before and had
said that $5,000 is all that the Village was going to pay for the project. He stated that
his recollection was that the $5,000 would be enough to make the building sound and
safe. He stated that whatever else Sensibilities Inc.,chose to do with the building, the
Village would not provide any additional money.
Mr. Vance stated that it was his recollection that if Sensibilities Inc.,were unable
to accomplish the project for $5,000, they could come back to Council and request additional funds.
Mayor Eisenberg stated that if a safety issue came up, Council would have to
restructure the amount. He stated that none of the additional repairs are for safety reasons.
Mr. Vance stated he had tried to discuss the other items such as the flashing
with Council in August when the $ 5,000 was authorized. He stated that he permitted to discuss those items. wasn't He stated that the authorized5 $,000 was not based
on any estimate. He stated that if Council remembered, they had received an estimate for over 5$,000 for the work. He stated that there had also been an estimate for 1$, 200. He stated that he was not sure how Council came up with the 5$,000 but unfortunately, that wasn't enough to complete the project. He stated that he is not in a position to commit Sensibilities Inc.t,o paying for what they feel is the Village's responsibility. He stated that the contractor needs to paid for the work that has been done to date. He stated that he started paying the contractors and asking the Village for reimbursement but Mr. Plunkett stated that Sensibilities Inc.,couldn't do it that way. He stated that from that point on, Sensibilities Inc.,sent the bills directly to the Village for payment. He stated that in any case, the contractors need to be paid.
Mayor Eisenberg stated that he saw no reason why the contractors couldn't be paid up to the 5$,000. He stated that Council doesn't need to discuss who paid what bill tahnadnwthheen .$He stated that the only issue before Council is "should the Village pay more 5,000?"
Councilmember Shulman stated that he wouldn't be opposed to saying that the Village's estimate had been a few hundred dollars off. He stated that the people who performed the work were not the contractors who prepared the estimates. He stated that in his opinion, the Village could pay the extra $ 89.00. 1
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Councilmember Garrett stated that the impression she had had been that
Council authorized only $ 5,000 and Sensibilities Inc.,were to have the work done for
that amount of money.
Mr. Vance stated that the cost on his list doesn't include a $875 bill received for
drywalling and installation. He stated that he had asked the contractors to keep that
separate. He stated that there will be an additional bill for the siding and gutter work.
Mr. Vance estimated that bill to be under $ 2,000. He stated that he had not included
any of the costs for the rear door or the electrical work Sensibilities Inc.,had paid for.
Councilmember Montgomery asked if the $5,000 Council authorized included
the siding of the rear section.
Mr. Vance stated that Council had received an estimate for $5,400; an estimate
for $1, 200; and, one for $3,000. He stated that Council just came up with $ 3,000 for the
back section repair plus an allowance for drywall and installation.
Mayor Eisenberg stated that Council had told Sensibilities Inc.,that if the Village
was going to do the work, they would complete it for $5,000.
Mr. Vance stated that Sensibilities Inc.,had taken the budgeted amount and
tried to fit that budget. He stated that unfortunately, the work couldn't be done for that amount.
Mayor Eisenberg stated that the way Sensibilities Inc.,wanted to perform the work it couldn't be done for $5,000.
Mr. Vance stated that that was not true. He stated that he had told Council that
one could not get past Newark's building code without installing the door in He stated the back. that he had told Council that there was no way to get all the work done for 5,000. He stated that Sensibilities Inc.,is asking that Council provide the additional amount of money that had to be spent in order to complete the repairs. He stated that Sensibilities Inc.,had also requested that the Village pay for the other things that had to be done. He stated that Sensibilities Inc.,had not received prices on siding because they had overspent the budget and needed to know what Council wanted to do concerning the issue.
Councilmember Shulman asked if Sensibilities Inc.,was asking for 5$,684. 12 plus the cost of the drywall and siding?
Mr. Vance stated that the additional items are things that needed to be done. He stated that Sensibilities Inc.,is coming in after the fact but, the work that had been done was something that needed to be done. He stated that he didn't think Sensibilities Inc., did any work fancy or out of the ordinary. He stated that they were able to put a new roof on the back section with a steeper pitch so that a more expensing roofing didn't have to be installed. He stated that the roof should last longer and it looks fine. Councilmember Freytag asked what the language of lease said? Mr. Vance stated that exterior walls is mentioned in the lease and anything outside is the Village's responsibility. He stated that some of the brick on the building had fallen out and the problem was taken care of. He stated that a sewer line had required replacement and all the water lines broke which required replacement. He
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stated that those items were discussed during the lease negotiations. He stated that
Sensibilities Inc.,had performed some of the work themselves which should have been
the village's responsibility.
Councilmember Bennett stated that he had not been a part of the initial
discussion of the lease. He stated that he appreciated what Mr. Vance was doing with
the building however, if Council allocated $ 5,000 for the repairs they should stick with
that. He stated that he didn't feel that the Village should subside Sensibilities Inc.
Mr. Vance stated that the Village is not subsidize Sensibilities Inc.,He stated
that the Village should take care of the cost as specified in the lease agreement.
Councilmember Freytag stated that from a layman's standpoint, everything Mr. Vance' on s list relates to the part of the lease which says the Village is responsible for.
He stated that he did not know how the $5,000 was decided, but unless Sensibilities
Inc.,had mismanaged their money, under the language of the lease, that money is owed to Sensibilities Inc.
Councilmember Shulman stated that if the back doors would have been
repaired, some of the expense may have been eliminated.
Councilmember Garrett stated that she had not been present at the meeting
when the $ 5,000 was allocated to Sensibilities Inc. She stated that she was not second
guessing anyone but the Village had estimates that allowed the Village to do the work
for under $ 5,000. She stated that in lieu of that, Mr. Vance preferred to do the work with his contractor.
Mr. Vance stated that Sensibilities Inc.,did not do what they wanted to the back section of the building. He stated that Sensibilities Inc.,did put in a door but, the door
was required by the building code. He stated that Sensibilities Inc. was told what to do by Council and they followed the orders.
Vice Mayor Marshall stated that there had been a terrible range in the estimates obtained by the Village. He stated that any contractor that had been hired would have found the additional problems encountered by Sensibilities Inc.,contractor.
Councilmember Shulman stated that he disagreed with Mr. Vance's statement that Council had told Sensibilities Inc.,how to perform the work. He stated that the back existing doors could have been replaced.
Councilmember Bennett stated that if the legal document indicates that the repairs on Mr. Vance's list are to be covered by the Village then, the Village has no choice but to pay the additional costs.
Mr. Vance stated that Sensibilities Inc.,would not be asking for the additional monies if they felt that they were responsible for the bills.
Councilmember Bennett stated that the legal document is what one must go by. He stated that any conversations outside of the legal document didn't matter. He stated that the legal document is "set in stone".
Councilmember Montgomery asked what the second bill from Hannah's Builders was for.
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Council Meeting Minutes
October 19, 1994
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Mr. Vance stated that there is not a bill for it, but high up on the east wall which
probably was used over the years as a place to hang the fire hoses had been replaced
with a piece of peg board. The peg board had rotten and fell down onto the ceiling,
ruining the ceiling. He stated that that should be replaced. He stated that he had had
Hannah's prepare an estimate for that. He stated that he had gotten permission to
replace the peg board from Mr. Plunkett. He stated that the plumbing bill had been
authorize by Mr. Plunkett for repair of the frozen water pipes.
Councilmember Garrett stated that the plumbing bill and the Richardson Glass
bill were not a part of the $ 5,000 and should not be discussed together.
Councilmember Bennett stated that in his opinion, no matter what had been said
in the meeting, the contract states what the Village must do.
Mayor Eisenberg stated that the question in front of Council is how much will be spent money on the repairs. He stated that Council had previously said if they were to perform the work, they would spend up to $5,000.
Councilmember Bennett stated that no matter what was said outside of the legal document, it doesn't make a difference.
Councilmember Shulman stated that the existing structure was not an outside
wall. He stated that Sensibilities Inc.,chose to have the wall installed. He stated that if
the Village was doing the work, they would have chosen the cheapest way. Mr. Vance stated that Council had made a decision and agreed with Sensibilities
Inc.t,hat the back walls were irreparable. He stated that the exterior walls and the roofing remain the Village's responsibility. He stated that the Village did authorize
5,000 for the repairs but, he had told them there were more items that would have to be included. He stated that on behalf of Sensibilities Inc.,he was requesting Council's consideration under the terms of the lease, to pay the bills and to consider the additional money to finish the outside. He stated that he assures that the drywall will get done as inexpensively as possible.
Councilmember Montgomery asked if the siding was included in the authorized 5,000?
Mayor Eisenberg stated that Council had stated that they could have the work completed for that amount. Mayor Eisenberg stated that Sensibilities Inc.,had gone over the authorized5 $,000 by approximately2 $,500 to 3$,000.
Councilmember Garrett stated that some things needed to be cleared up. She csltaarteifidcathtiaotns.he did not feel comfortable making a decision until there had been more
Councilmember Bennett stated that he believed a legal opinion was necessary to find out if the Village legally had to pay the bills.
Councilmember Freytag stated that in his opinion, unless someone could show that the items on Mr.Vance's list don't relate to what the Village is subject to pay according to the lease, the next question would be "is the cost reasonableH?e" stated that no one is suggesting that the costs are excessive. He stated that the final question
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would be "was the cost necessaryH?e" stated that from a layman's standpoint, he did
not see anything that had been done over and above the necessities.
Councilmember Garrett stated that she had understood that it would have been
a bargain deal for the Village. She stated that the village was supposed to pay for what
was necessary to fix the initial problem and Sensibilities Inc.,would pay for the
additional items above and beyond the cost the village appropriated.
Councilmember Freytag stated that the Village had received the best estimate it
could and it did not include all the items that were necessary to complete the project.
He stated that now the hard figures are present. He stated that in his opinion, the
prices seem to be reasonable and necessary, and the additional amount of money is
owed to Sensibilities Inc. He stated that perhaps that was not a popular decision with
the public but had to be done according to the lease.
Councilmember Garrett asked Law Director Hurst what his opinion of the matter had been?
Mr. Hurst stated that Councilmember Freytag's analysis was dead on the
numbers. He stated that there was no question as to the Village's responsibility to pay for the items. He stated that there has been some confusion in a certain part of the
lease. He stated that there is a question of what is remodeling and what are improvements. He stated that if Sensibilities Inc.,wanted to install a patio and the
Village said no we won't participate in that improvement but you can do it with your money, the improvement wouldn't get figured into the lease to be amortized and
wouldn't be paid back if anything should happen. He stated that once the Village
became a landlord, they had an obligation to make the building fit. He stated that to haggle over the Village paying $ 2,000 is ridiculous. He stated that in his opinion, the it was the Village's responsibility to pay the additional bills.
After a discussion, Mayor Eisenberg directed Mr. Vance to get a price on the siding of the building. He stated that Sensibilities Inc.,should inform the Planing Commission that they want to install vinyl siding.
NEW BUSINESS
Ordinance No. 31-94, A"n Ordinance To Approve And Adopt Current Replacement Pages To The Codified Ordinances And Declaring An Emergency,w"as introduced and title read and moved for adoption by Councilmember Bennett. Second by Councilmember Freytag.
Councilmember Bennett then moved to adopt Section 111, the emergency clause, and read that section in its entirety. Seconded by Councilmember Garrett. Roll call vote: Garrett yes, Shulman yes, Montgomery yes, Bennett yes, Freytag yes, Marshall yes, Mayor Eisenberg yes. Seven yes votes, the emergency clause was adopted. Roll call vote to adopted Ordinance No. 31-94: Freytag yes, Bennett yes, Montgomery yes, Shulman yes, Garrett yes,Marshall yes, Mayor Eisenberg yes. Seven yes votes, Ordinance No. 31-94 was adopted.
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Village of Granville
Council Meeting Minutes
October 19, 1994
Page 11
Councilmember Bennett asked if Council needed to respond to the letter from
Wallace F. Ackley Company concerning the Wildwood Playground?
Mayor Eisenberg stated that this is not the first time the issue had come up. He
stated that the main complaint was that people from Wildwood Park were using the
Granville Apartments recreation facilities. Mayor Eisenberg stated that he had not seen
any signs in the complex that stated that the facilities were for the Apartments only.
Councilmember Montgomery asked if she owned a pool and tennis courts and
people were coming over and using her facilities, would the Village build her a fence to
keep people out?
Mayor Eisenberg stated that it was up to the offended party to take care of the
problem.
Councilmember Garrett stated that there are no signs posted at the Granville
Apartments stating that the facilities are private property.
Councilmember Freytag stated that in his opinion, the apartments should first
install a few signs letting people know that the facilities were not open to the public.
Councilmember Bennett stated that in his opinion, the people going to Wildwood
Park are not the same people who are playing basketball at the apartments. He stated
that people going to play ball or swim are headed to the apartments for that Councilmember reason. Montgomery asked if their was any existing fencing?
Councilmember Bennett stated that he didn't think that Wildwood Park was the
problem.
Mayor Eisenberg stated that he would direct Manager Plunkett to write a letter to the apartments requesting that they install a signs indicating that the facilities are private property.
Councilmember Freytag added that the signs needed to be installed according to the sign code.
ADJOURNMENT
Councilmember Freytag moved to adjourn the meeting at 9:53 p.m. Seconded by Councilmember Garrett. Motion carried.

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