Granville Community Calendar

Council Minutes December 20, 1995

VILLAGE OF GRANVILLE
COUNCIL MEETING MINUTES
DECEMBER 20,1995
CALL TO ORDER
Mayor Marshall convened the meeting at 7:35 p.m.
ROLL CALL
Those responding to the roll call were:
Councilmember Eisenberg
Councilmember McGowan
Councilmember Bennett
Councilmember Montgomery
Mayor Marshall
Vice Mayor Freytag
Law Director Hurst
Manager Plunkett
It was noted that Councilmember Bellman would be a few minutes late.
PUBLIC HEARINGS
A public hearing was held on Ordinance No. 35-95, '®An Ordinance To Amend
Ordinance No. 44-94 Providing For Adjustments Of The Annual Budget For The
Fiscal Year 1995 And Revising Sums For Operating Expenses."
The public hearing closed at 7:36 p.m.
A public hearing was held on Ordinance No. 369- 5,A "n Ordinance To
Establish The Granville Village Manager's Salary For 1996."
The public hearing closed at 7:36 p.m.
A public hearing was held on Ordinance No. 37-95A,n"Ordinance To Make
Appropriations For Current Expenses And Other Expenditures Of The Village Of Granville,State Of Ohio,During The Fiscal Year Ending December 31, 1996." The public hearing closed at 7:37 p.m.
REVIEW AND APPROVAL OF MINUTES
The minutes ofthe regularly scheduled meeting ofDecember 6, 1995 were presented for review. Vice Mayor Freytag moved to approve the minutes as corrected. Seconded by Councilmember MeGowan. Motion carried.
Councilmember Bellman arrived.
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Council Meeting Minutes
December 20, 1995
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MAYOR'S REPORT
The Mayor's Report for the month of November was presented for review.
Mayor Marshall directed the clerk to file the report. A copy of that report is
attached as part of these minutes.
MANAGER'S REPORT
The Manager's Report for the month of November was presented for review.
Vice Mayor Freytag moved to approve the report. Seconded by Councilmember
Montgomery. Motion carried. A copy of that report is attached as part of these
minutes.
CITIZENS COMMENTS
Those signing the register were:
Frank Brauner
Ed Vance
Keith Myers
Marc Shulman
Dave Tumbas
Linda Payne
Mark Zarbaugh
P. Harklou
Jurgen Pape
Doug Kaiser
Darryl Payne
Steve Tunnicliffe
Joe Hickman
John Cort
Jim Jung
Lyn Robertson
Clifton Crais
Gil Krone
Ed Vance of Thornwood Drive stated that in regard to the Newark-Granville
Road widening project,he felt that the federal funds could be put to better usage. He stated that the Service Director had stated that the widening project may not be needed
for twenty years, so let the residents who live in the village in twenty years pay for it.
He encouraged the staff to re-prioritize and be less concerned about the eastern edge of Granville and focus on downtown maintenance and beautification. He stated that he
would encourage the Village to revisit the Cherry Valley Road and SR 16 problems.
Jurgen Pape stated that he would like to endorse Marc Shulman as a Planning
Commission member. He also stated that he is opposed widening project to the Newark Granville Road and gave several reasons for his opposition.
Patty Harklou stated that she too,was opposed to the NewarkG- ranville Road widening project. She asked several questions regarding the funding and asked ifthe funding could be used for another project?
Councilmember Eisenberg stated that everyone is talking about the Newark- Granville Road widening project but this was a project to improve Newark- Granville 1
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Village of Granville
Council Meeting Minutes
December 20, 1995
Page 3
Road. The widening is only a small part of the project and the bulk of the expense is
for pathways and overall improvements to the road.
Lyn Robertson,Chair of the Planning Commission,stated that at the last
Planning Commission meeting,four members were present and two were against the
widening,and two were willing to entertain an alternative idea. She stated that she was
opposed to the widening and felt that Council should postpone making a decision on
the matter because,with the holidays,many residents aren't aware or haven't had a
chance to speak on the issue. Ms. Robertson gave several reasons for her opposition to
the project.
Mayor Marshall stated that he had heard similar requests to table the decision
until a later date.
Mr. Tailford stated that he would not like to see the entire project jeopardized
because of the turn lane. He stated that there is a risk of not getting the plans approved
in time to build. He stated that Newark-Granville Road is falling apart and is in need
of repair.
Darryl Payne of 100 Bantry Street stated that he felt that the addition of a third
lane on Newark-Granville Road would be an advantage for the amount of money to be
spent. He stated that the traffic will only get worse with future development.
Clifton Crais ofNorth Pearl Street stated that he is against the Newark-
Granville Road widening project.
Doug Kaiser ofNewark-Granville Road stated that he had looked at the issue
of widening Newark-Granville Road and felt that it was not necessary. Mr. Kaiser
stated several reasons for his opposition.
Gil Krone stated that he had experienced some problems on Newark-Granville
Road in the Jones Road/ Cherry Valley Road area. He stated that it would be a tough
decision,but he would prefer not to see a traffic signal in that area.
Dave Tumbas of West Broadway stated his opposition to the widening of
Newark-Granville Road. Mr. Tumbas stated that he endorsed Marc Shulman on the
Planning Commission.
John Con of 1632 Newark-Granville Road stated that he was opposed to the
Newark-Granville Road widening project.
Steve Tunnicliff stated his opposition to the Newark-Granville Road widening project.
Keith Myers of the Planning Commission stated that Council should carefully consider the Newark-Granville Road widening project. He stated the that he was against project but felt that the widening may make sense from Galway Drive north to Cherry Valley Road. Mr. Myers gave reasoning for his statements.
Marc Shulman stated that he was against the turn lane on NewarkG- ranville 1 Road. He stated that he felt that the pathway and signage should be given scrutiny too.
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December 20, 1995
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Jim Young stated that he was also opposed to the Newark-Granville Road
widening project.
Manager Plunkett stated that the project is an improvement project for the
entire length ofNewark-Granville Road. He stated that the turn lane is just a small
piece of the project but the staff felt that the residents should be informed and that is
why the Streets and Sidewalk Committee had discussed the issue. He stated that the
newspapers were informed of the project in the summer. The project is for pathway
systems,Storm sewers,and repaving. He stated that the staff is not m" arriedt"o
installing the turn lane.
OLD BUSINESS
Ordinance No. 35-95,A "n Ordinance To Amend Ordinance No. 449-4
Providing For Adjustments Of The Annual Budget For The Fiscal Year 1995 And
Revising Sums For Operating Expensesw,"as reintroduced,its title read,and moved
for adoption by Councilmember Bennett. Seconded by Vice Mayor Freytag
Roll call vote: Eisenberg yes,MeGowan yes,Bellman yes,Montgomery yes, Bennett yes,Freytag yes,Mayor Marshall yes. Seven yes votes. Ordinance No. 35-95
was adopted.
Ordinance No. 369- 5,A "n Ordinance To Establish The Granville Village
Manager's Salary For 1996w,"as reintroduced, its title read, and moved for adoption
by Councilmember Bennett. Seconded by Councilmember Montgomery.
Councilmember MeGowan expressed concern about pay raises given to the
Village Manager and Village staff.He stated that he had checked with various
municipalities around Ohio that are comparable,and Granville's salaries seemed high.
Councilmember Eisenberg stated that the Personnel Committee has struggled
for many years over the salary issue. He stated that the Manager's salary is based on his performance appraisal,and that the committee felt that the manager's salary and
the staff's salary seemed reasonable. He stated that the Manager's salary is arrived at
not only on the basis of salaries of other communities but,based too,on the manager's value to the community.
Mayor Marshall stated that many statistics give average ranges of salaries and
1 Council does not feel that Granville has an average manager,they feel they have a better than average manager.
Councilmember MeGowan stated that Granville's salaries continue to rise
every year,and he felt that there should be some sort of a pay cap. Mayor Marshall stated that the salary study had been done five years ago and Council felt that should be revisited,but not until the merger outcome is known. He stated that at that time,Council could consider capping salaries.
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Council Meeting Minutes
December 20, 1995
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Councilmember Bennett stated that he could understand Councilmember
McGowan's concerns however,the Personnel Committee has recommended this
wage/ salary schedule increase,and he would have to agree with their recommendation.
He stated that he agreed that the manager may have a salary that looked pleasant but,
there are alot of little things that people don't see that the manager does. He stated that
in his opinion,the manager is worth every dollar paid.
Roll call vote: Eisenberg yes,McGowan no,Bellman yes,Montgomery yes,
Bennett yes,Freytag yes,Mayor Marshall yes. Six yes votes,one no vote. Ordinance
No. 36-95 was adopted.
Ordinance No. 379- 5A.n"Ordinance To Make Appropriations For Current
Expenses And Other Expenditures Of The Village Of Granville,State Of Ohio,
During The Fiscal Year Ending December 31, 1996w,"as reintroduced,its title read,
and moved for adoption by Vice Mayor Freytag. Seconded by Councilmember
Eisenberg.
Once again,Councilmember McGowan expressed concern with the pay raises
for the Village staff He stated that with the 2.6%cost of living increase,some
employees would be receiving raises of7%and9%which is way out of bounds
compared to other communities that he had researched.
Vice Mayor Freytag asked if Mr. McGowan had an alternative proposal?
Councilmember McGowan stated that he would like to see only those
employees who were at the end ofthe pay scale receive the 2.6%cost of living
increase. He stated that the other employees would be seeing 4 to 6 %raises which is
still more than in the average community.
Councilmember Bennett asked if the stump removal problems had been
addressed in the budget and if more money had been allotted for legal services?
Manager Plunkett stated that both issues had been taken care of.
Councilmember Freytag stated that his concerns with the budget had been
taken care of.He stated that in response to Mr. McGowan's concerns,he had raised
similar points in the past and the issue still remains a continuous problem. He stated
that he had a problem going back now and changing anything because fear of creating
morale problems. He stated that the problems should be addressed,but should be addressed in the future.
Councilmember Eisenberg stated that he agreed with Vice Mayor Freytag. He stated that he appreciated all the work that Councilmember MeGowan had done and that next year at this time a salary classification study could be done.
After a discussion the roll call vote was taken: Freytag yes,Bennett yes, Montgomery yes,Bellman yes,McGowan no,Eisenberg yes,Mayor Marshall yes. Six
yes votes,one no vote. Ordinance No. 37-95 was adopted.
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Council Meeting Minutes
December 20, 1995
Page 6
Councilmember MeGowan stated that he would like to see the Council packets
arrive on Friday rather than Monday before the Council meeting.
Manager Plunkett stated that he had no problem with doing that.
Councilmember Bellman suggested placing a packet in the Police Department
for the public to review.
Councilmember McGowan stated that he would like a Council packet in the
library too.
NEW BUSINESS
Resolution No. 95-56,A "Resolution Of Appreciation To Dorothy Garrett,"
was introduced,read in full,and moved for adoption by Councilmember Eisenberg .
Seconded by Vice Mayor Freytag. Motion carried. Resolution No. 95-56 was adopted.
Resolution No, 95-57,A "Resolution Of Appreciation To Marc Shulmanw,"as
introduced,read in full, and moved for adoption by Councilmember Montgomery.
Seconded by Councilmember McGowan. Motion carried. Resolution No. 95-57 was
adopted.
Resolution No. 95-58,A "Resolution OfAppreciation To Larry Hueyw,"as introduced,read in full, and moved for adoption by Councilmember Bennett.
Seconded by Councilmember McGowan. Motion carried. Resolution No. 95-58 was adopted.
Resolution No. 95-59,A "Resolution OfAppreciation To Kirsten Papew" as introduced,read in full, and moved for adoption by Vice Mayor Freytag. Seconded by
Councilmember McGowan. Motion carried. Resolution No. 95-59 was adopted.
Mayor Marshall stated that he had recommended Council Committee
assignments for 1996 and Councilmember Montgomery had asked for the Planning
Commission Representative assignment. He stated that in regards to the Planning Commission vacant seat,Marc Shulman and Ben Rader had expressed interest.
Councilmember Eisenberg stated that he would endorsee Marc Shulman for the
vacant Planning Commission seat. Vice Mayor Freytag agreed.
Resolution No. 95-60,A "Resolution To Fill Vacancies On The Planning Commissionw,"as introduced,read in full,and moved for adoption by Councilmember Eisenberg. Seconded by Councilmember Freytag. Motion carried. Resolution No. 95-60 was adopted with Marc Shulman and Maxine Montgomery 1 being appointed to the Planning Commission.
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Village of Granville
Council Meeting Minutes
December 20, 1995
Page 7
Ordinance No. 389- 5A,n"Ordinance To Amend Section 921. 07 Of The
Codified Ordinances Of Granville,Ohio,Establishing Sewer Regulations And
Chargesw,"as introduced and its title read by Councilmember Montgomery.
Mayor Marshall set the public hearing on Ordinance No. 38-95 for January 3,
1996,at 7:30 p.m.
Ordinance No. 399- 5A,n"Ordinance To Amend Sections 305.03,313.02,and
313. 10 of the Codified Ordinances Of Granville,Ohio Establishing Traffic
Regulationsw,"as introduced and its title read by Councilmember Freytag.
Mayor Marshall set the public hearing on Ordinance No. 39-95 for January 3,
1996,at 7:30 p.m.
Newark Granville Road Widening Decision
Mayor Marshall stated that with all the negative comment that he had been
hearing;he was heavily against,the widening project.
Councilmember Montgomery asked if Council felt it appropriate to have a turn
land in places from Jones Road to Cherry Valley Road?
Councilmember Eisenberg stated that in his opinion,that would look worse
than widening the entire road. He stated that a few weeks ago he would have
supported the widening project but with all the arguments and letters received,he can't
support the project now.
Mayor Marshall stated that he could not support the widening either.
After a discussion,Councilmember Eisenberg moved to proceed with the
Newark-Granville Road Improvement project deleting the third lane. Seconded by
Vice Mayor Freytag. Motion carried.
Tour of Ohio Bicycle Race
Manager Plunkett stated that Team Columbus Cycling would like to have a bike race in Granville on Sunday,June 23, 1996. He stated that he had no problem
with that if Council felt it was okay.
Council agreed that June 23, 1996 would be okay.
Church Expansion
Manager Plunkett stated that because of their growing congregation,the First
Presbyterian Church needs more space and would like Council's permission to close Locust Alley to build over for their expansion project. He stated that the alley was part ofthe public square and had no legal status as a street or alley.
Vice Mayor Freytag moved that Council agree with the plans of the church in general sense expressed whereby Locust Alley would be built upon subject to Planning Commission approval. Seconded by Councilmember Montgomery. Motion carried.
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Village of Granville
Council Meeting Minutes
December 20, 1995
Page 8
Mayor Marshall stated that the annexation hearing for the Keny property is
scheduled for January 22,1996. He stated that the school board has passed a resolution
that will be sent to the commissioners before the hearing. He stated that Council will
be receiving more and more questions on the issue and should be careful when
answering that they are not expressing views of the entire Council or the Village. He
stated that they should be careful in expressing the Village's point of view. He asked if
Council felt it necessary to pass a resolution similar to the school's and submit it to the
Commissioners?
After a brief discussion,Law Director Hurst and Manager Plunkett were
directed to draft a resolution to be passed by Council and submitted to the County
Commissioners.
Vice Mayor Marshall stated that he had devised committee assignments for
1996 and 1997. He stated that he would like to delete the Safety and Health
Committee and the Ways and Means Committee because those issues have always
been discussed as a committee of the whole. He stated that if there are no problems he
will make the assignments.
Committee assignments were as follows:
TREE L&ANDSCAPE COMMISSIONF.r.e.y.t.a.g...
INTERGOVERNMENTAL RELATIONSB..e.n..n.ett,McGowan,Bellman
PERSONNELCOMMITIEE..,.M..a.rs.h..a.ll.C (..h.)E.,.is.e.n.b.e.rg.,.M.o.n.tgomery
PLANNINGCOMMISSION....M.o.n.t.g.o.m.e..ry...... .........
RECREATIONCOMMISSION..M.c.G..o.w.a.n..............
STREETSS &IDEWALKS....B.e..n.n.e.tt. C.( .h..)M,.c.G..o.w.a.n.,.B.e.ll.m.a.n.
Eisenberg C( h)B,ellman;Freytag GEVS CHARITABLE FOUNDATIONB.e.n..n.e.t.t...
UNION CEMETERYBOARD...,.F.re.y.ta.g...............
GRANVILLEFOUNDATION..C..a.rl.F.r.a.z.i.e.r. V(.o.l.u.n.t.e.e.r.)...
LICKING COUNTY TRADE V&ISITORSG...loria HooverV (olunteer)
Councilmember Montgomery stated that Village Planner Doug Tailford had asked Council's opinion on how traffic issues should be addressed.
Discussion took place regarding traffic studies performed in the past. Manager Plunkett was directed to contract other municipalities to see how they handle the traffic study issue.
MEETING ANNOUNCEMENTS
C>
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Village of Granville
Council Meeting Minutes
December 20, 1995
Page 9
The next Planning Commission meeting will be January 2,1996.
The next Council meeting will be held January 3, 1996.
Councilmember Eisenberg stated that he would like to see the issue of
installing video cameras in police cruisers looked at. He stated that he had learned
from talking to other Mayors that the idea is very valuable for police officers.
After a discussion,Manager Plunkett stated that Police Chief Steve Cartnal
would prepare a report discussing those possibilities.
ADJOURNMENT
Councilmember Bennett moved to adjourn the meeting at 10:35 p.m. Seconded
by Councilmember Montgomery. Motion carried.

Council Minutes December 6, 1995

VILLAGE OF GRANVILLE
COUNCIL MEETING MINUTES
DECEMBER 6,1995
CALL TO ORDER
Mayor Eisenberg convened the meeting at 7:34 p.m.
OATH OF OFFICE (Four Newly Elected Members)
Law Director Hurst administered the oath of office to the newly elected
officials Kevin Bennett,Dan Bellman,Dan Freytag,and Matt McGowan,and they
took their seats as Councilmembers.
ROLL CALL
Those responding to the roll call were:
Councilmember MeGowan
Councilmember Bellman
Councilmember Bennett
Councilmember Montgomery
Councilmember Freytag
APPOINTMENT OF CLERK
Councilmember Eisenberg
Councilmember Marshall
Law Director Hurst
Manager Plunkett
Councilmember Freytag moved to re-appoint Carie Miller as Clerk of Council
for a two year term. Seconded by Councilmember Marshall. Motion carried.
ELECTION OF MAYOR -OATH OF OFFICE
Mayor Eisenberg stated that it has become more and more difficult to fulfill his
duties in Mayor's Court because of his out of town business. He stated that two years
ago,there had been a contest for Mayor and he believed that there may be another tonight. He stated that one at the last Mayoral election,Pete Marshall withdrew his nomination in order to keep and preserve the harmonious relationship with
Councilmembers and not get into personality challenges. He stated that that had been a good gesture on Mr. Marshall's part,and he is now feeling somewhat the same way. He stated that he would like to thank those who support him,but did not wish to have his name placed in nomination. He stated that he recommended that Pete Marshall be elected Mayor.
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Council Meeting Minutes
December 6, 1995
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Councilmember Bellman asked if Mr. Eisenberg would consider being Vice
Mayor?
Mr. Eisenberg stated that he was ready to retire to the position of
Councilmember and it was his intention to nominate Kevin Bennett for Vice Mayor.
Mr. Eisenberg moved to elect Peter Marshall as Mayor for a two year term. Seconded
by Councilmember Bellman.
Councilmember Bennett moved to close the nominations. Seconded by
Councilmember Bellman. Motion carried. Councilmember Bennett moved to appoint
Pete Marshall Mayor by acclamation. Seconded by Councilmember Montgomery.
Motion carried. Law Director Hurst then administered the oath of office to Mr.
Marshall.
ELECTION OF VICE MAYOR -OATH OF OFFICE
Councilmember Eisenberg moved to nominate Kevin Bennett as Vice Mayor.
Seconded by Councilmember Montgomery.
Councilmember Bellman moved to appoint Dan Freytag as Vice Mayor.
Seconded by Councilmember MeGowan.
Ballot vote results: four votes for Dan Freytag,three votes for Kevin Bennett.
Dan Freytag was elected Vice Mayor.
Law Director Hurst administered the oath of office to Mr. Freytag.
PUBLIC HEARINGS
A public hearing was held on Ordinance No. 349- 5,A "n Ordinance To Amend
Ordinance No. 44-94 Providing For Adjustments Of The Annual Budget For The
Fiscal Year 1995 And Revising Sums For Operating Expenses."
No one was present to speak for or against Ordinance No. 34-95. The public
hearing closed at 7:45 p.m.
1996 Municipal Budget
A public hearing was held on the 1996 municipal budget.
Marc Shulman stated that he was present to speak on the widening ofNewark
Granville Road and wondered ifthis was an appropriate time to do so? Manager Plunkett stated that Mark Zarbaugh and Doug Tailford were present to speak to that issue,and he assumed that Council would take comments at that time. The public hearing closed at 7:46 p.m.
REVIEW AND APPROVAL OF MINUTES
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Council Meeting Minutes
December 6, 1995
Page 3
The minutes of the regularly scheduled meeting ofNovember 15, 1995 were
presented for review. Councilmember Eisenberg moved to approve the minutes as
submitted. Seconded by Vice Mayor Freytag. Motion carried.
CITIZENS COMMENTS
Those signing the register were:
Doug Tailford
Steve Cartnal
Frank Brauner
Dave Dudgeon
Joe Hickman
Dave Woerner
Marc Shulman
Marc Shulman stated that at his last meeting as a Councilmember he had
mentioned that in his opinion,Council should adopt the township zoning ordinance as
a good faith measure to the residents in the township. He stated that many residents of
the Township had been concerned that their land use would change with the merger
and adopting the existing township zoning would be a good faith measure and should
assure that their land use wouldn't change.
Law Director Hurst stated that the merger commission would address those
areas of concern in their recommendation for the merger. He stated that that would be
something determined by the vote in November.
COMMITTEE REPORTS
Vice Mayor Freytag reported on the Recreation Commission meeting of
November 5, 1995. At that meeting,the commission had discussed obtaining another
soccer field. The land near the mini golf course on SR 16 that the township recently
purchased was suggested as a possible location for the soccer field,but nothing had
been decided. He stated that the commission had also discussed the need for an indoor
facility such as a gym. Again,nothing was decided.
Councilmember Eisenberg reported on the Personnel Committee meeting. The
committee recommended that the Manager's salary year, for 1996 be raised to 6$5,500 per which would be a 4.8%increase. The committee also recommended a 2.6%shift
in the salary structure for the village staff. There had been discussion of the wage and salary classification study that had been done five years ago. The committee felt that the issue should be revisited,but should wait until after the merger outcome is decided.
Councilmember Montgomery reported on the Planning Commission meeting of November 20, 1995. At that meeting,a sign application for the offices at Erinwood
was approved and an addition to the Beth Eden House at Denison was approved. At
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Council Meeting Minutes
December 6, 1995
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the December 4th Planning Commission meeting,the commission approved an
application for a porch at 346 College Street,and Doug Tailford gave a presentation
on the possible widening ofNewark-Granville Road. Two commission members were
against the widening proposal and two were for the widening proposal.
Councilmember Montgomery reported on the Street & Sidewalk Committee
meeting ofNovember 16. The committee reviewed storm sewer projects. The Newark-
Granville Road widening project too,was presented,and Cherry Valley Road
improvements were discussed. The committee recommended that the widening on
Newark- Granville Road be done;two committee members were in favor and one was
against. The committee felt that because of the LCATS grant money,it would be cost
effective to do the widening now. The minority opinion was that it would be more
convenient for traffic to move through that area and might stimulate development.
OLD BUSINESS
Ordinance No. 34-95A.n"Ordinance To Amend Ordinance No. 449-4
Providing For Adjustments Of The Annual Budget For The Fiscal Year 1995 And
Revising Sums For Operating Expensesw,"as reintroduced,title read, and moved for
adoption by Councilmember Montgomery. Seconded by Councilmember Eisenberg.
Vice Mayor Freytag moved to amend Ordinance No. 34-95 to add $750 in
Account No. E2-5-H-240 for the replacement of a pump impeller. Seconded by
Councilmember Eisenberg. Motion carried. The amendment was approved,
Roll call vote to adopt Ordinance No. 34-95 as amended: MeGowan yes, Bellman yes,Montgomery yes,Bennett yes,Freytag yes,Eisenberg yes,Marshall yes. Seven yes votes. Ordinance No. 34-95 was adopted.
1996 Municipal Budget
Manager Plunkett stated that the department heads were present to give a brief
presentation of their budgets and answer any questions that Council might have. He stated that Doug Tailford and Mark Zarbaugh would be presenting plans for Newark Granville Road improvements as part of their budget presentation. He stated that there is a large carry over in the unencumbered balance for 1995 in the General Fund,but the Sewer and Water Fund were very thin. He stated that Joe Hickman had been responsible again for the budget compilation and deserved kudos therefore.
Councilmember Eisenberg asked what the year end unencumbered balance would be for 1995?
Finance Director Shirley Robertson stated that right now it looked to be 550,000 to $575,000.
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Council Meeting Minutes
December 6, 1995
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Police Chief Steve Cartnal stated that the Al -1-A account was the police
portion of the budget and most expenses were self explanatory. Chief Cartnal
explained the highlights ofthe police budget.
Chief Cartnal stated that the Police Department has eight full time officers,
with the COPS Fast Grant paying 85%ofthe salary of one officer. Granville has four
part time officers,two of whom are rarely on duty,but are around to help out in times
of need. He stated that the police officers' salaries were on two levels: Police Officer I
and Police Officer II. Most of Granville's new officers start at level II because of their
training .
Councilmember Freytag stated that he was not convinced that the Village
needed a second sergeant. He stated that he did not see the rational for a second
sergeant for two or three commercial businesses.
Mr. Cartnal stated that he had been asking for a second sergeant ever since he
became Chief. He stated that he could use the extra sergeant today,with or without
development. He stated that the police department is the largest department in the
Village,operating 24 hours a day with only two supervisors. He stated that it really
stretches both he and Sergeant Dudgeon,because when they are not at work they are
on call. He stated that there is always paper work for the courts that needs to be
reviewed,and a supervisor does not always get a chance to do that because they can't
get to everything. He stated that another employee is not going to be added,an existing
police officer would be promoted to the position.
Councilmember Bellman asked ifthe supervisors were out on the streets or in the office doing paper work?
Chief Cartnal stated that it is usually a 60/ 40 split depending on what is going
on that day. The Chief stated that in response to Councilmember Bellman's question about dispatching,Granville prefers to use its own dispatchers rather than the because the county county is very busy resulting,in poor service for Granville.
Shirley Robertson stated that the General Fund is going to have a better year end balance than initially projected because of unexpected inheritance taxes,etc. She stated that hopefully,after December transfers are made,the General Fund balance should be 5$50,000 to 5$75,000. She stated that the only problem account is the Water Fund,operated from water revenues. She stated that revenues are estimated but,when breakdowns happen,it is hard to keep within limits.
Mark Zarbaugh stated that he is responsible for several accounts within the budget. He stated that Al -1-C Street lighting is for the repair and maintenance of traffic signals as well as street lights,Al 4- -F Community Service Account is for clean- up fix up week and stump grinding among other things,and Al-6-A is for street
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Council Meeting Minutes
December 6, 1995
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construction. Mr. Zarbaugh explained his projected expenses in those accounts for
1996.
Doug Tailford stated that widening Newark-Granville Road had been discussed
because the comprehensive plan originally called for a connector road from Jones
Road to Cherry Valley Road to relieve traffic congestion perceived to occur because of
growth. He stated that he did not know why that connection was not made when the
Murphy's were developing. The suggested third lane between Jones and Cherry Valley
Road would effectively take out turning movements affecting the flow oftraffic in that
area. By removing turning traffic,other traffic would be able to move freely. The
widening would start at Jones Road and flare out 6 feet on either side to Cherry Valley
Road. The Murphy's fence would have to be moved back,and they have are willing to
give the Village a right of way. Three trees would have to be removed and a guard rail
would need to be installed in one area near the pump house.
Vice Mayor Freytag asked what the cost of the third lane would be?
Mr. Tailford stated that he did not have a cost estimate on the turn lane itself,
Mr. Freytag stated that he was interested in seeing the figures for the third lane
because one of the reasons for installing the lane now is savings for the Village. He
stated that he would like to see how much the Village would be saving by accepting the third lane.
Marc Shulman stated that he was against the turn lane for mechanical He stated that the land reasons. in the area has large trees on the south side before Jones Road.
He stated that any movement of pavement to the south would be a tight fit. He stated
that he did not think the lane was in keeping with what the Village is trying to do,and
that a third lane is not in keeping with the street scene in Granville. He stated that at the GBPA sponsored meeting,it had been mentioned that the two lane entry ways to the Village were a very important part of the character of Granville. He stated that the
Village is trying to encourage pedestrian traffic but by building a third lane,one would be encouraging vehicle traffic.
Vice Mayor Marshall stated that he would like to see more ofthe public
involved in the decision. He stated that if the timing is not crucial,the manager should mention the widening in his weekly newspaper column and Council will make a decision next meeting.
Mark Zarbaugh stated that he was also responsible for Account No. Al 6- -D, Storm Sewers,which is basically for improvements to the open storm sewer ditch,and be explained expenses in that account.
A discussion concerning the bikepath easement took place. Manager Plunkett
twhaesbdikireepcatethd. to contact the Evans Foundation again concerning the easement across
Mr. Zarbaugh stated that he is responsible for Al 6- -G,Sidewalk account,Al- 7-E Lands & Buildings Account,B 1 -6-B Street Maintenance account,and the F2
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December 6, 1995
Page 7
Equipment Reserve Fund,as well. Mr. Zarbaugh explained the items budgeted in
those accounts.
Joe Hickman informed Council of the Water and Sewer accounts and
explained expenses and revenues for 1996. Mr. Hickman stated that the capital
improvements for 1996 include improvement to the water main on East Elm Street
from Pearl Street to the dead end,and West Elm Street from Cherry to Plum Street. He
stated that the design for that project is being completed from the 1995 budget,and the
project could go to bid after the first of the year.
Councilmember Bennett stated that in his opinion,additional money should be
appropriated in the Law account for future litigation. He stated that the Village is
seeing more and more litigation expense,and the amount appropriated for 1996 is less
than what has already been spent in 1995. He stated that he would like to see at least
10,000 more in that account.
Councilmember McGowan expressed concern with Village employees'
salaries. He stated that he didn't want Granville to be in the position where employee' salaries s were higher than those paid by larger communities.
Manager Plunkett stated that Law Director Hurst has examined the State Law
and Granville's Codified Ordinances concerning traffic control on North Pearl Street.
He stated that in order to place traffic control devices on North Pearl Street,Council
must amend or delete three sections of the Codified Ordinances. He stated that Police
Chief Steve Cartnal and Service Director Mark Zarbaugh are looking at North Pearl
Street to see what needs to be done. One of the things being considered is placement
of a 3 way stop at New Burg Street,and possibly one at Summit Street.
Manager Plunkett was directed to draw up the required legislation.
Councilmember Freytag moved to authorize the Village Manager to proceed under Section 125. 11 of the Codified Ordinances to dispose by seated bids a 1984 Ford F150 12/ ton picku-p truck. Seconded by Councilmember Eisenberg. Motion carried.
Mayor Marshall appointed Kevin Bennett as magistrate.
NEW BUSINESS
Resolution No. 95-54.A "Resolution To Award The Bid For The Purchase Of Water And Sewage Treatment Chemicalsw,a"s introduced,read in full,and moved
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Council Meeting Minutes
December 6, 1995
Page 8
for adoption by Councilmember Montgomery . Seconded by Vice Mayor Freytag.
Motion carried. Resolution No. 95-54 was adopted.
Resolution No. 95-55,A "Resolution To Authorize The Village Manager To
Advertise For Bids For The Purchase Of An Emergency Generatorw,"as introduced,
read in full,and moved for adoption by Councilmember Eisenberg. Seconded by Vice
Mayor Freytag. Motion carried. Resolution No. 95-55 was adopted.
Ordioance No. 35-95,A "n Ordinance To Amend Ordinance No. 449-4
Providing For Adjustments Of The Annual Budget For The Fiscal Year 1995 And
Revising Sums For Operating Expensesw,"as introduced and its title read by
Councilmember Bennett.
Mayor Marshall set the public hearing on Ordinance No. 35-95 for December
20,1995,at 7:30 p.m.
Ordinance No. 36-95,A "n Ordinance To Establish The Granville Village
Manager's Salary For 1996w,"as introduced and its title read by Councilmember
Bennett.
Mayor Marshall set the public hearing on Ordinance No. 36-95 for December
20,1995,at 7:30 p.m..
Ordinance No. 37-95,A "n Ordinance To Make Appropriations For Current
Expenses And Other Expenditures Of The Village Of Granville,State Of Ohio,
During The Fiscal Year Ending December 31, 1996w,"as introduced and its title read by Vice Mayor Freytag.
Mayor Marshall set the public hearing on Ordinance No. 37-95 for December 20, 1995, at 7: 30 p.m..
Councilmember MeGowan stated he would like to discuss communication
among Council at the next meeting. He stated that he plans to attend surrounding
communities Council meetings and he would qlso like to see the Monday council packets delivered on Friday. He stated that he would like to see the Council agenda posted in the Village with Council packets in the library for the public. He suggested that Village Council,Township Trustees,and the School Board meet at least semi- annually to discuss any concerns each entity may have. He stated that because of the late hour,he would like to discuss these issues at the next meeting.
Councilmember Bennett asked ifManager Plunkett needed any response from Council concerning the Pyles'request to be refunded for their expenses?
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Council Meeting Minutes
December 6, 1995
Page 9
Manager Plunkett stated that their application fee had been refunded last
December.
Councilmember Montgomery stated that the Pyles had asked for a letter of
apology from the Planning Commission,but the commission felt that they had acted in
good faith and did not feel it would be appropriate. She stated that the Planning
Commission Chair had suggested a letter explaining the Planning Commission's roles
and procedures be written and made public but,other members of Planning
Commission felt that that would not be appropriate either.
Councilmember Eisenberg stated that he did not feel it was appropriate to
reimburse the Pyles for expenditures because that is a risk you take in business.
Councilmember Bennett stated that the Granville School District needed a
representative to serve on the school's Charitable Foundation,and he would be happy
to serve in that capacity.
Mayor Marshall agreed that Mr. Bennett would be a good candidate.
ADJOURNMENT
Councilmember Eisenberg moved to adjourn the meeting at 10:50 p.m.
Seconded by Councilmember Bennett. Motion carried.

Council Minutes November 15, 1995

VILLAGE OF GRANVILLE
COUNCIL MEETING MINUTES
NOVEMBER 15,1995
CALL TO ORDER
Vice Mayor Marshall convened the meeting at 7:35 p.m.
ROLL CALL
Those responding to the roll call were:
Councilmember Garrett
Councilmember Shulman
Councilmember Montgomery
Councilmember Bennett
Councilmember Freytag
Vice Mayor Marshall
Manager Plunkett
Councilmember Garrett moved to excuse absentee Law Director Hurst.
Seconded by Councilmember Bennett. Motion carried.
Mayor Eisenberg arrived.
PUBLIC HEARINGS
A public hearing was held on Ordinance No. 299- 5.A "n Ordinance Amending
The Granville Zoning Ordinance And Accompanying Map Thereto,By Amending The
Classification OfThe Zoning District For A Portion OfA Certain Parcel Of Land
Located At 400 South Main Street From OSD,Open Space District To CSD, Community Service District."
Dan Bellman stated he hadn't seen the plans for the Granville Mill and that he
understands the mill is an important part of the Granville Community. He stated that it is important that the mill get what is needed to stay economically viable but perhaps it could be done without changing the zoning of the property. He stated that he was not concerned with the use of the property today,but perhaps in the future if the property is sold,the area would be zoned for light manufacturing and could become a concern. He stated that perhaps the mill could get what they wanted through another vehicle other than rezoning,such as a variance.
Bruce Westall of241 East Maple Street stated that his property was the closest to the mill and felt that the mill could stay in the present zoning. He stated that the Council and the Planning Commission are concerned with what happens around the edges oftown but also should be concerned with the center oftown. He stated that in
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Council Meeting Minutes
November 15 1995
Page 2
his opinion,this was an opportunity to work with property owners to clean-up the mill
area. He stated that he felt that the area was somewhat a mess and with the bikepath
attracting visitors to that area,it is an important area. He stated that he believes that the
mill is an important asset to the community and does not want to see it leave the area,
but he would like to see it cleaned up.
Phil Watts of Granville Milling Company stated that the mill is not expanding
or enlarging its facilities,but is changing the fertilizer warehouse location and building
a truck storage building. He stated that the mill will be upgraded and wiltlook better
than it presently does.
Mr. Westall stated that his concern with the mill's plans was the vagueness. He
stated that the goal of the village is to clean up the area and revitalize the area from
Maple Grove Cemetery to Main Street because that is one of the main entrances to
Granville and what people see when they first come to town. He stated that this would
be a great opportunity to clean up the mill area.
Councilmember Garrett stated that the Village has plans for South Main Street
which includes landscaping the entrance to the Village. She stated that the Village is
waiting for the State to fund the project first though.
Sue Barton stated that she had built her house knowing that the mill was there,
but had not known they would be building a larger facility.
Susan Hammon of 312 South Pearl Street stated that she understood that
businesses needed to grow and may have to expand. She stated that her concern was the zoning change and not the mill operations. She stated that she was concerned that
once the zoning change was made,there would be no chance for input as to what will
go on the property.
Lyn Robertson,Planning Commission chair,stated that the Planning
Commission saw a situation where the parties involved could meet together and reach
a decision that everyone could live with. She stated that that had proved to be
unworkable. She stated that the Commission had decided that SRD-B would be an appropriate zoning,and the hillside would provide a buffer for the residents. She that the stated mill owners had agreed to more plantings to increase the buffer. She stated
that the proposed buildings would be moved forward to get them further away from residents,and incoming traffic into the area would be rerouted away from the
bikepath. She stated that the rezoning of the property did not constitute approval of the development plan.
Mayor Eisenberg stated that he would like to see the truck traffic crossing the bikepath stopped.
Mr.Watts stated that he couldn't say that the traffic across the bikepath would be eliminated totally,but would certainly be reduced with the movement of the fertilizer storage. He stated that there is more than just the mill's traffic in that area.
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Council Meeting Minutes
November 15 1995
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Councilmember Garrett stated that the roadway is used by Granville
Township's road and cemetery crews and IGA delivery drivers,too.
Flo Hoffman of West College Street stated that she was concerned with what
the affect would be on the Old Colony cemetery.
Mr. Watts stated that a storm sewer is in the plans to tie all the drainage and
catch basins in to get rid of standing water. He stated that Mr. Plunkett could probably
give more information on that issue. He stated that the bikepath in the mill area is bad
this year but in his opinion,alot of it has to do with the construction on South Main
Street.
The public hearing closed at 8: 10 p.m.
REVIEW AND APPROVAL OF MINUTES
The minutes of the regularly scheduled meeting ofNovember 1, 1995,were
presented for review. Vice Mayor Marshall moved to approve the minutes as
corrected. Seconded by Councilmember Freytag. Motion carried.
MAYOR'S REPORT
The Mayor's Report for the month of October 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
The Manager's Report for the month of October was presented for review.
Councilmember Bennett moved to approve the report. Seconded by Councilmember
Freytag. Motion carried. A copy of that report is attached as part of these minutes.
CITIZENS COMMENTS
Those signing the register were:
Carol Phillips
Phil Watts
Flo Hoffman
Dan Bellman
Robert Essman
Clifton Crais
Susan Hammon
Lyn Robertson
Doug Tailford
Sue Barton
Patty Harklau
Bruce Westall
Dave Woerner
No questions,comments,or concerns were voiced at this time.
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Council Meeting Minutes
November 15 1995
Page 4
COMMITTEE REPORTS
Councilmember Shulman reported on the Tree and Landscape Commission
meeting ofNovember 14. Two visitors from Erinwood's Village Green Section had
been present to express their interest in having trees planted in area tree lawns. He
stated that a survey of the area showed that the tree lawn planting area is limited
because of'. the possibility of street lights,curb cuts etc. He stated that the committee is
working towards planting some trees in the area and developing an overall plan,
planting a few each year. He stated that he would encourage Council to get a
contribution from the Murphy's before the village spends money on the project. He
stated that the citizens brought up that everything was done in a piecemeal fashion. He
stated that he had explained that the new subdivision regulations were now in place
and should address all the issues. He stated that the commission will be applying for
the Tree City USA designation again and that Bolen Park will be bricked from the
village's brick inventory.
Councilmember Garrett reported on the Planning Commission meeting of
November 6,1995. At that meeting,an architectural review application had been
approved and a worksession held with owners of the Certified Gas Station on South
Main Street. She stated that election signs were discussed and it was recommended
that the installation time be shortened from 60 days to 30 days and to only 5 days after the election.
0
Councilmember Freytag reported on the November 6, 1995, Old Colony
Cemetery Meeting. He stated that top soil had been hauled in and 13 trees had been
planted on the south edge of the cemetery. He stated that concern had been expressed about the water service line that had broken for the third time and a leaking valve that
had had problems before. He stated that Joe Hickman was looking into the matter. He
stated that the restoration of the cemetery is progressing and the volunteers are down the to more difficult stones to replace. He stated that the volunteers would be dealing
with which difficult stones to restore first. He statBd that the e"asy stonesh"ave been dealt with. He stated that some discussion had taken place on what will be done long
term in the cemetery. He stated that after the volunteers disband,something will need
to be done about long term maintenance in the cemetery to make sure the stones don't deteriorate again.
Councilmember Freytag reported on the Recreation Commission meeting of November 7,1995. He stated that apparently,a pilot hole has been drilled for Public Water SupplyWell 4#,away from the proposed road at Wildwood Park. He stated that the commission is interested in the placement ofwell # 4 because they would still like
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Village of Granville
Council Meeting Minutes
November 15 1995
Page 5
to build a roadway across the bikepath in that location. He stated that the phone issue
at Wildwood Park has been tabled until spring.
Mayor Eisenberg stated that this would be the last Council meeting for Dorothy
Garrett and Marc Shulman because they will be ending their service on Council. He
stated that he would like to express his appreciation to them and stated that although
they had not always agreed with each other's opinions,he appreciated their dedication
and good service and was sorry to see them go.
OLD BUSINESS
Ordinance No. 299- 5,A "n Ordinance Amending The Granville Zoning
Ordinance And Accompanying Map Thereto,By Amending The Classification Of The
Zoning District For A Portion Of A Certain Parcel Of Land Located At 400 South
Main Street From OSD,Open Space District To CSD,Community Service District,"
was reintroduced,its title read,and moved for adoption by Councilmember Bennett.
Seconded by Councilmember Montgomery.
Councilmember Freytag expressed concern with stored fertilizer contaminating
the acquifer. He stated that he had expressed his concern before and had not seen any information on that issue.
Doug Tailford stated that fertilizer was regulated by the Department of
Agriculture and he had contacted them. There is no hazard to the acquifer or the flood
plain,in their opinion. The department has no problems with the zoning or development plan in that location.
Councilmember Montgomery stated that she would support the
recommendation ofthe Planning Commission. She stated that the commission had
tried to reach a compromise and neither the neighbors nor the mill is getting exactly what they had asked for.
Mayor Eisenberg stated that he would still like to see the traffic across the bikepath stopped.
Councilmember Garrett stated that she believed that the Evans Foundation had the power to control the traffic.
Councilmember Bennett stated that the request from the applicant was a zoning change and the other matters should be conveyed to the Planning Commission to be taken into consideration with the development plan.
After a discussion,the roll call vote was taken: Roll call vote: Freytag no, Bennett yes,Montgomery yes,Shulman yes,Garrett yes,Marshall yes,Mayor 1 Eisenberg yes. Six yes votes,one no vote. Ordinance No. 29-95 was adopted.
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Ordinance No. 309- 5,A "n Ordinance To Approve The Development Plan For
A Mini-Storage Located At 1328 Cherry Valley Road."
Councilmember Bennett moved to remove Ordinance No. 30-95 from the table.
Seconded by Vice Mayor Marshall.
Manager Plunkett stated that he had discussed the issue with the Law Director
and the Law Director was of the opinion that the storage facility should be located in
Planned Industrial and not Planned Commercial zoning. He stated that up until this
point,the Village Planner and the Planning Commission had been under the
impression that the storage facility was a permitted use in Planned Commercial zoning.
Councilmember Garrett stated that the Planning Commission would have liked
to turn the application down but had been under the impression that a storage facility
was a permitted use.
Councilmember Bennett stated that he believed everyone had acted in good
faith and it was too bad that the applicants had spent time and money but at this time,
there was no legal basis to approve the plan.
Roll call vote: Freytag no,Bennett no,Montgomery no,Shulman no,Garrett
no,Marshall no,Mayor Eisenberg no. Seven no votes. Ordinance No. 30-95 was defeated.
Lyn Robertson asked that in the future,the Planning Commission have legal
opinions in writing,and that perhaps they should have more and direct access to the law director.
Manager Plunkett stated that the Law Director has office hours at the Village
Hall every Wednesday from 2:30 p.m. to 4:30 p.m. He suggested that the Planning
Commission make their requests in writing too,so that everyone has a written record.
Vice Mayor Marshall asked if there was an update on North Pearl Street?
Manager Plunkett stated that the law director is still researching the issue,but it
looks at this point as if the Village probably has the authority to erect traffic control
signs on North Pearl Street,but would have to repeal sections of the Granville
Codified Ordinances in order to do so. He stated that the law director is not finished with his research yet.
NEW BUSINESS
Ordinance No. 349- 5,A "n Ordinance To Amend Ordinance No. 449-4 Providing For Adjustments Of The Annual Budget For The Fiscal Year 1995 And Revising Sums For Operating Expensesw,"as introduced and its title read by Vice Mayor Marshall.
Mayor Eisenberg set the public hearing on Ordinance No. 349-5 for December 6, 1995,at 7:30 p.m.
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Council Meeting Minutes
November 15 1995
Page 7
Resolution No. 95-53,A "Resolution Amending The District Solid Waste
Management Planw,"as introduced,read in full,and moved for adoption by
Councilmember Bennett. Seconded by Councilmember Freytag.
Carol Phillips of the Coshcoton,Fairfield,Licking,Perry Solid Waste District
stated that the State is the entity the sets the range of fees and the state says that the out
of state fees can be no more than the in district fees. She stated that the decision was
the result of a lawsuit settlement whereby the Commerce Department stated that a
financial disparate was being created by charging more for out of state disposal. She
stated that currently,the district has an excessive amount of funds with no way to
spend all of the money. She stated that by lowering the fees,they would be more in
line with the state and not have an excess of funds.
Councilmember Garrett asked if the residents would see a reduced rate in
refuse hauling fees?
Ms. Phillips stated that the residents would probably not see a savings but
businesses and industrial customers would likely see a savings because they see the
direct cost .
Resolution No. 95-53 was duly adopted.
Marc Shulman stated that he would like to recognize Clark Wilhelm on his
new business in downtown Granville. He stated that Mr. Wilhelm's business was the
kind of development he was interested in. He stated that he would like to share with
Council some things he would have pursued if he had been reelected to Council:
adopting the township zoning code as a measure ofgood faith for the merger issue;
moratorium on water and sewer expansion;pursue a crosswalk treatment on SR 661,
indicating that the village encourages pedestrian traffic;continue with the pathway
project; continue with the street light issue both in the downtown and in subdivisions;
beautify the Village's entrances;and clean up the rental properties at the entrance to Denison University. He stated that he had enjoyed his four years on Council and had hoped to continue serving. He stated that he had enjoyed working with everyone and that he had volunteered for a seat on the Planning Commission.
Councilmember Bennett stated that although he didn't agree with Mr. Shulman
on some issues,Mr. Shulman always acted very collegial and acted the part of a ignentleman and he hoped that the new members ofCouncil have learned those chapters the book.
Councilmember Garrett asked what the resolution from the Licking County was concerning the transportation schedule?
Doug Tailford stated that Licking County was to fund 40%of the Newark- Granville Road project,40%from LCAT's and 20%ofthe funding from the village.
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Council Meeting Minutes
November 15 1995
Page 8
He stated that LCATS has now decided they would fund 80%of the project making
the chances for funding even greater.
Councilmember Freytag questioned what the minor widening on Newark
Granville Road was?
Doug Tailford stated that the widening of Newark Granville Road between
Jones and Cherry Valley Road is up for discussion with the Streets & Sidewalks
Committee. He stated that the comprehensive plan suggests a connector from Cherry
Valley Road and the Murphys to solve the turning movement problem. He stated that
the committee needs to decide if the widening needs to be taken off the plans for the
project or not.
Councilmember Freytag stated that he had been wondering if Council shouldn't
study the merger issue too,and perhaps get a grip on some pros and cons. He stated
that a study had been done several years ago informally and perhaps that should be
reviewed again. He stated that Council could rely on a commission to do the work or could do some work themselves. He stated that assuming that Council would be in
favor ofthe merger,then they could take action to facilitate the merger. He stated that
in his opinion,some information needed to be looked at now and not be put off until
the last second.
Vice Mayor Marshall agreed that at some point in time Council should something for say or against the merger and set conditions to facilitate or not to facilitate
the merger.
Councilmember Bennett expressed concern with the funding support for the
merger commission.
Councilmember Montgomery asked if the Council should be involved with the
commission and perhaps have a council representative to attend their meetings.
Councilmember Garrett stated that the commission is charged with studying all the issues and presenting the pros and cons.
Councilmember Freytag stated that he had read an article in the Columbus
Dispatch stating the County Planning Commission is continuing to promote an industrial site in the Mink Road vicinity. He stated that that type of development would have a tremendous effect on the Village and someone should perhaps monitor that situation.
Mayor Eisenberg stated that the Intergovernmental Relations Committee consists of Councilmembers Bennett and Garrett.
EXECUTIVE SESSION ( Manager Evaluation)
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Council Meeting Minutes
November 15 1995
Page 9
Councilmember Garrett moved to enter into executive session at 10: 12 p.m. to
discuss the Village Manager's performance evaluation. Seconded by Councilmember
Bennett.
Roll call voter Garrett yes,Shulman no,Montgomery yes,Bennett yes,Freytag
yes,Marshall yes,Mayor Eisenberg yes. Six yes votes,one no vote. Motion carried.
Councilmember Bennett moved to reenter into regular session at 10:58 p.m.
Seconded by Councilmember Freytag. Motion carried.
ADJOURNMENT
Councilmember Garrett moved to adjourn the meeting at 10: 59 p.m. Seconded
by Councilmember Montgomery. Motion carried.

Council Minutes November 1,1995

VILLAGE OF GRANVILLE
COUNCIL MEETING MINUTES
NOVEMBER 1,1995
CALL TO ORDER
Vice Mayor Marshall 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
Law Director Hurst
Councilmember Garrett moved to excuse absentee Mayor Eisenberg. Seconded
by Councilmember Bennett. Motion carried.
PUBLIC HEARINGS
Vice Mayor Marshall announced that the public hearing on Ordinance No. 29-
95 would be postponed until November 15, 1995 because property owners within 200
feet of the Granville Mill had not received proper notification of the public hearing.
A public hearing was held on Ordinance No. 309- 5A.n"Ordinance To
Approve The Development Plan For A Mini-Storage Located At 1328 Cherry Valley
Road."
Patty Harklau of 666 West Broadway stated that she had concerns that a mini
storage facility would not be a proper use for the land in question. She stated that she
had attended many functions lately where residents were discussing Granville and its
future and she was concerned that if Council approved the mini storage they may be
setting a precedent. She stated that a mini storage facility may be below the
expectations for that area. She stated that if Council were to approve the development
plan,she had concerns with the landscaping for the project.
Dan Bellman of 320 North Pearl Street stated that he had similar concerns with
the mini storage facility. He stated that under Section 1171.02, he didn't think a storage facility was a permitted use. He stated that he was also concerned with the
focus in the area of Cherry Valley Road and SR 16. He stated that he would like to see high scale"facilities in that area,and that most mini storage units were unattractive
and lower the value of properties in the area.
Bob Essman of 1404 Cherry Valley Road stated that he owned property south
east of the Pyles and the property adjacent to the proposed facility. He stated that he
had expressed opposition on the matter at the Planning Commission. He stated that the
area will eventually develop,but he had hoped it could attract desirable development.
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Council Meeting Minutes
November 1, 1995
Page 2
He stated that in his opinion,a mini storage facility did not meet those expectations
and may prohibit attractive development. He stated that the didn't think that the
Planning Commission was happy with the facility and the simplest thing would be not
to allow the facility.
Richard Salvage,member of the Planning Commission,stated that the Planning
Commission had relied on an opinion from the Village Law Director that the storage
facility was a permitted building. He stated that they had been concerned with the
applicability of putting the units in that location.
Lyn Robertson of the Planning Commission stated that the landscaping along
with the location of the facility,would cover up the building and it would look like a
house with trees and no signage. She stated that not much traffic would be generated
with the facility.
Patty Harklau stated that the Planning Commission had requested that the
building be pushed back further and that the applicants installtandscaping. She stated
that the landscaping may appear to cover the structure but the trees proposed to be
planted may take years to mature and fully hide the structure.
The public hearing closed at 7:45 p.m.
A public hearing was held on Ordinance No. 31-95,An Ordinance To Amend
Ordinance No. 44-94 Providing For Adjustments Of The Annual Budget For The
Fiscal Year 1995 And Revising Sums For Operating Expenses."
No one appeared to speak for or against Ordinance No. 31-95. The public
hearing closed at 7:45 p.m.
REVIEW AND APPROVAL OF MINUTES
The minutes ofthe regularly scheduled Council meeting of October 18, 1995,
were presented for review. Councilmember Freytag moved to approve the minutes as corrected. Seconded by Councilmember Garrett. Motion carried.
CITIZENS COMMENTS
Those signing the register were:
Doug Tailford
Jim Gimeson
Judi Pyle
Patty Harklau
Ben Barton
Andreas Nagy
Joseph Recchie
Mark Zarbaugh
Gary Stansbury
Robert Essman
Richard Salvage
Rob Harklau
Dan Bellman
No questions,comments,or concerns were voiced at this time.
OLD BUSINESS
Joe Magdich
Earl Hawkins
Kirsten Pape
Lyn Robertson
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Council Meeting Minutes
November 1, 1995
Page 3
Ordinance No. 309- 5A.n"Ordinance To Approve The Development Plan For
A Mini-Storage Located At 1328 Cherry Valley Roadw,"as reintroduced, its title read,
and moved for adoption by Councilmember Garrett. Seconded by Councilmember
Bennett.
Councilmember Freytag asked if the property was zoned PCD?He stated that
in his reading of the Codified Ordinances,storage facilities were not permitted under
PCD.
Doug Tailford stated that according to a legal opinion,under PCD zoning,the
Planning Commission determines what is a proper use of the property.
Law Director Hurst stated that the legal opinion in question is an opinion
written in May of 1995 which presented the question of whether or not a motel or gas
station is permitted under Section 1171. 02 b( )1()ofthe Granville Codified
Ordinances. He stated that this was a completely unrelated matter and he had not been
asked to render a decision concerning a storage facility. He stated that he was not
saying that a similar decision would not be rendered,but that he hadn't addressed the
issue.
Councilmember Bennett stated that the real question related to the legality of a
storage facility under PCD zoning. He stated that the code specifically states that this
type of development should go under PID zoning. He stated that in his opinion,
Council should table the ordinance to allow the law director time to study the issue.
Councilmember Freytag stated that the matter was c"ut and dry"H.e stated that
PCD zoning was for retail establishments and the code gives many examples of types
of businesses for the area which has nothing to do with a storage facility or warehouse.
He stated that most communities put storage facilities in industrial areas and not
shopping areas.
Councilmember Bennett moved to table Ordinance No. 30-95. Seconded by
Councilmember Montgomery. Motion carried. Ordinance No. 30-95 was tabled.
Ordinance No. 31-95. A'*n Ordinance To Amend Ordinance No. 44-94
Providing For Adjustments Of The Annual Budget For The Fiscal Year 1995 And
Revising Sums For Operating Expensesw,"as reintroduced, its title read,and moved
for adoption by Councilmember Shulman. Seconded by Councilmember Garrett
Roll call vote: Garrett yes,Shulman yes,Montgomery yes,Bennett yes,Freytag
yes,Vice Mayor Marshall yes. Six yes votes. Ordinance No. 31-95 was adopted.
NEW BUSINESS
Ordinance No. 329- 5,A "n Ordinance Providing For The Issuance Of
1,390,000 OfNotes By The Village Of Granville,Ohio In Anticipation Of The
Issuance Of Bonds For The Purpose Of Paying Part OfThe Cost Of Constructing
Improvements To The Municipal Sanitary Sewer System,And Declaring An
Emergencyw"a, s introduced and its title read by Councilmember Freytag.
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Council Meeting Minutes
November 1, 1995
Page 4
Councilmember Freytag then moved to adopt Section 12,the emergency
clause,and read that section in its entirety. Seconded by Councilmember Bennett.
Joe Magdich stated that the interest rate for the notes would be 4.06% .
Roll call vote: Freytag yes,Bennett yes,Montgomery yes,Shulman yes,
Garrett yes,Vice Mayor Marshall yes. Six yes votes. The emergency clause was
adopted.
Councilmember Freytag then moved to adopt Ordinance No. 32-92. Seconded
by Councilmember Garrett.
Roll call vote: Garrett yes,Shulman yes,Montgomery yes,Bennett yes,Freytag
yes,Vice Mayor Marshall yes. Six yes votes. Ordinance No. 32-95 was adopted.
Ordinance No. 33-95.A "n Ordinance To Revise The Codified Ordinances By
Adopting Current Replacement Pages,And Declaring An Emergencyw"a, s
introduced and its title read by Councilmember Garrett.
Councilmember Garrett then moved to adopt Section IV,the emergency clause
and read that section in its entirely. Seconded by Councilmember Freytag.
Roll call vote: Freytag yes,Bennett yes,Montgomery yes,Shulman yes, Garrett yes,Vice Mayor Marshall yes. Six yes votes,the emergency clause was
adopted.
Councilmember Garrett moved to adopt Ordinance No. 33-95. Seconded by
Councilmember Freytag. Roll call vote: Garrett yes,Shulman yes,Montgomery yes,
Bennett yes,Freytag yes,Vice Mayor Marshall yes. Six yes votes. Ordinance No. 33-
95 was adopted.
Longaberger Fence Appeal ( Resolution No. 95-52)
Law Director Hurst stated that under Section 1137.01 (b)of the Granville
Codified Ordinances,Council must be advised by the Law Director and the Village
Manager that the appeal procedures are complete. He stated that on behalf of the
Manager,he certifies that the procedures are complete. He stated that the Council has
ten days after the conclusion of their appeal to render its decision. The Council may uphold,reverse,modify,or if the Council finds that the facts presented are different
from the facts presented to the Planning Commission,the Council may remand the
matter back to the Planning Commission.
Jim Gimeson stated that they appreciated the opportunity to appeal the decision
of the Planning Commission. He stated that Mr. Longaberger would like to replace the
existing chain link fence with a six foot high light fixture fence. He stated that the
fence will be moved back in order to grant an easement to the Village for a bikepath.
He stated that they had spend a great deal of time finding a unique structure that was compatible with the mansion. He stated that they were keeping with the aesthetics of the mansion and that the brick on the fence would match the brick of the house. He
stated that the proposed fence is to be six foot,and the existing fence is five foot,in
poor condition. He stated that they feel strongly that the fence will compliment and improve the facility.
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Council Meeting Minutes
November 1, 1995
Page 5
Andreas Nagy stated that Section 1187.03 (b)of the Granville Codified
Ordinances states that it"is the purpose of the code to maintain clear visibility of
vehicular and pedestrian traffic on adjacent streets,alleys,and sidewalks and to
maintain an orderly appearance and reduce negative impact upon other properties
where the fence is directly visible to the publicH."e stated that Mr. Longaberger's
property is a corner lot. He stated that he believes that the fence is compatible with
other similar structures on the property but they believe that there are no compatible
structures in the neighborhood. He stated that fences are allowed to be over 42 inches
if it does not create viability hazards to vehicles and the fence would not impede any of
that. He stated that it is Mr. Longaberger's intent to grant the Village an easement for
the bikepath and move the fence back from the roadway for that pathway.
Lyn Robertson of the Planning Commission stated that the findings of fact from
the Planning Commission include the matter which was of great discussions;the sharp
points on top of the fence. She stated that the Commission saw the actual fence
material and the points were very sharp.
Mr. Nagy stated that the sharp points"are decorative devices on the rails and
the device is rounded. He stated that they are not sharp. He stated that the Village
allows picket fences and one might consider a picket fence to have sharp points. He
stated that the fence is going to be six foot high and could not constitute any danger to
pedestrians walking or driving by.
Planning Commission member Larry Huey stated that the actual height ofthe
fence would be 9 foot. He stated that with the lighting fixture, it would be a nine foot
fence. He stated that the commission was not concerned that the fence would create a
safety hazard to people walking by the fence,they were concerned with the safety for
persons on horses on the polo field.
Mr. Gimeson stated that he had contacted Joe Bowman with the polo
association and their interpretation of the fence had been that the fence is no risk in
terms of safety. He stated that they were excited to see the fence change.
Councilmember Shulman asked what the full dimension of the fence was?
Mr. Gimeson stated that the fence would circle the entire project.
Councilmember Montgomery stated that in her opinion,a 42 inch fence would
be out of place for the mansion. She stated that she saw no reason not to allow the
fence as proposed,it was attractive and appropriate.
Councilmember Shulman stated that the community is pleased that Mr.
Longaberger bought the mansion but one of the beauties of the property is the vista
provided from Newark-Granville Road. He stated that the present chain link fence is
not attractive but the vista is visible now. He stated that the proposed fence would
restrict the view and take away the character of that special place. He stated that if the
fence was 42 inches,one could see over it as they walk or drive by. He stated that it
would change an important part of Granville and he is not in favor of overturning the Planning Commission's decision.
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Council Meeting Minutes
November 1, 1995
Page 6
Vice Mayor Marshall stated that a horse could go over a 42 inch fence but not a
six foot fence and it would be dangerous to have horses running loose on Newark-
Granville Road. He stated that he was in favor of the fence.
Councilmember Garrett stated that the fence would set the mansion apart. She
stated that Council is concerned with keeping the neighborhood.
Councilmember Montgomery moved to reverse the decision of the Planning
Commission. Seconded by Councilmember Freytag.
Roll call vote: Freytag yes,Bennett yes,Montgomery yes,Shulman no,Garrett
no,Vice Mayor Marshall yes. Four yes votes,two no votes. The decision of the
Planning Commission was reversed and Mr. Longaberger's fence was approved.
Resolution No. 95-52)
North Pearl Street Petition.
Law Director Hurst stated that at the request of Joe Hickman and Doug
Plunkett he had started digging into various statutes. He stated that he would have a
report to Council hopefully by the next meeting.
Vice Mayor Marshall stated that the possibility of having the Bicycle Race in
conjunction with the 4th of July celebration was scary.
Councilmember Montgomery stated that she would like to know how the
Kiwanias felt about the situation.
Councilmember Shulman stated that traffic was already a problem with the 4th
of July.
Law Director Hurst stated that the applicants in the Marathon proposal have
provided to the Village a notice of appeal to the Licking County Common Pleas Court
of the rejection of the Council's appeal. He stated that at this point,he had nothing
further to say. He will be looking into two or three issues and will report to Council
after he has something more informative. He stated that the Clerk of Council has 40
days to submit the complete transcript to the court and that he would be working with
her to get that documentation together.
Councilmember Garrett stated that every year in December Council evaluates
the manager and sets his salary for the year. She stated that since this was an election
year with four seats being up,Council may want to do the evaluations before
December.
Manager Plunkett stated that he would be glad to get the forms out to Council.
Council agreed to discuss the evaluation at the next Council meeting.
Councilmember Garrett stated that she had again been approached concerning
the bikepath by the Granville Mill. She stated that she had suggested that signs be
installed and that perhaps post could be installed as a temporary measure to prevent
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Village of Granville
Council Meeting Minutes
November 1, 1995
Page 7
driving on the bikepath itself. She suggested that the IGA be notified to inform their
truckers that they shouldn't use that as an entrance to the IGA.
Councilmember Montgomery asked the staff to pursue Mrs. Garrett's
suggestions and come up with options for what Council can do.
Joe Hickman stated that part of the problem with the bikepath was the
easement in that area.
Manager Plunkett stated he would have the law director look at the easement
again and give his opinion.
ADJOURNMENT
Councilmember Montgomery moved to adjourn the meeting at 9:23 p.m.
Seconded by Councilmember Garrett. Motion carried.

Council Minutes October 18, 1995

VILLAGE OF GRANVILLE
COUNCIL MEETING MINUTES
OCTOBER 18,1995
CALL TO ORDER
Mayor Eisenberg convened the meeting at 7:35 p.m.
ROLL CALL
Those responding to the roll call were:
Councilmember Garrett
Councilmember Shulman
Councilmember Montgomery
Councilmember Bennett
Councilmember Freytag
Vice Mayor Marshall
Law Director Hurst
Manager Plunkett
Mayor Eisenberg
REVIEW AND APPROVAL OF MINUTES
The minutes of the regularly scheduled meeting of October 4,1995,were presented for
review. Councilmember Garrett moved to approve the minutes as submitted. Seconded by
Councilmember Bennett.
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
The Manager's Report for the month of September was presented for review. Questions
were asked about the significant water loss,the twenty new signs added in the service
department report,and a $5,000 disbursement in the Park Lands Reserve Fund. Manager
Plunkett explained the water loss and stated that he would get answers to the other questions.
Councilmember Bennett moved to approve the report. Seconded by Vice Mayor
Marshall. Motion carried. A copy of that report is attached as part ofthese minutes.
CITIZENS COMMENTS
Those signing the register were:
Jim Gordon
Ben Barton
Flo Hoffman
Chuck Coghlan
J. Leslie Hicks
Linda Demon
Evelyn Frolking
Patty Harldane
Dan Bellman
Jonathan Bridge
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Council Meeting Minutes
October 18, 1995
Page 2
Dan Bellman stated that he hadn't had much time to look at the issue but was concerned
with the proposed change in zoning at the Granville Mill.
Mayor Eisenberg stated that the public hearing on the Granville Milling Company's
rezoning request would be November 1, and Mr. Bellman would have plenty of time to gather
his thoughts and comments for that meeting.
COMMITTEE REPORTS
Councilmember Shulman reported on the Tree & Landscape Commission meeting of
October 10, 1995. The commission is getting ready to have the work at Bolen Park completed.
The tree that had been vandalized near Wendy's is being replaced and the Commission has
received seven donations for the memorial tree fund. Thirty additional trees will be planted from
the money in the tree fund. The commission is going to enter into a contract for tree maintenance
to have the younger trees in the village pruned and the wrapping removed. An Ohio Power tree
employee had pointed out at the commission's last meeting that if Ohio Power cuts a tree
because of storm damage,Ohio Power doesn't take responsibility for removing the debris;that is
the property owner or village's responsibility.
Councilmember Garrett reported on the Planning Commission meeting of October 16. At
that meeting the commission had denied the request of Mr. Longaberger to install a fence at the
Bryn Du Mansion and approved a new sign for Sensibilities Inc.,which will be a post sign on
the South Main Street side of the building.
NEW BUSINESS
Ordinance No. 299- 5,A "n Ordinance Amending The Granville Zoning Ordinance And
Accompanying Map Thereto,By Amending The Classification Of The Zoning District For A
Portion Of A Certain Parcel Of Land Located At 400 South Main Street,From OSD,Open
Space District,To CSD,Community Service Districtw",as introduced and its title read by Councilmember Bennett.
Mayor Eisenberg set the public hearing on Ordinance No. 29-95 for November 1, 1995,
at 7:30 p.m.
Ordinance No. 30-95.A "n Ordinance To Approve The Development Plan For A Mini-
Storage Warehouse Located At 1328 Cherry Valley Roadw,"as introduced and its title read by Councilmember Garrett.
Mayor Eisenberg set the public hearing on Ordinance No. 30-95 for November 1, 1995, at 7:30 p.m.
Ordinance No. 31-95.A "n Ordinance To Amend Ordinance No. 44-94 Providing For Adjustments OfThe Annual Budget For The Fiscal Year 1994 And Revising Sums For Operating Expensesw,"as introduced and its title read by Councilmember Shulman.
Village of Granville
Council Meeting Minutes
October 18, 1995
Page 3
Mayor Eisenberg set the public hearing on Ordinance No. 31-95 for November 1, 1995,
at 7:30 p.m.
Jim Gordon,representing the Welsh Hills School was present to discuss the Welsh Hills
School sewer. He stated that he assumed that a resolution of necessity would be introduced
tonight too,as had been done with the Westgate Drive sanitary sewer project. He stated that the
sewer was being referred to as the Welsh Hills School sanitary sewer when it should be referred
to as the northeast quadrant sanitary sewer. He stated that the school was not the advocate for the
sewer and in 1992,the school approached EPA for a septic system. A second application was
made to EPA for a septic system and the system was not granted because of the Westagte Drive
sewer that the Village was pursuing. EPA will not issue a permit for a septic system where
municipal sewer is available. He stated that the members of the school corporation are happy that
the area is being served with sewer but,if the Council is acting on a resolution of necessity for
the 12 inch sewer,the school has already been assessed for the Westgate Drive sewer and the
Newark-Granville Road sewer is not necessary for servicing the Welsh Hills School. He stated
that Westgate Drive and the school had already been assessed for sewer service. He stated that
his point is that the Westgate Drive sewer can service the school satisfactorily. He stated that he
understood the Village's reasoning for extending the sewer for future growth,but Granville
doesn't have a need for that sewer now.
Mr. Gordon stated that the Ohio Revised Code states that an assessment for improvement
can't exceed the benefit derived by the owners of the property. He stated that the only
conceivable benefit for the Welsh Hills School is that the connection from the school building
will be shorter. The Longaberger Company has offered to provide equipment and labor for a
sewer connection,and the school must furnish the cost of materials. The school will be charged
7,500 for material,the 12 inch sewer would cost $10,050,making the savings for the school
6,400. The School received a letter from Jobes & Henderson stating that a lift station is not
necessary. In discussion with the Village over the past few months,it seems the Village thinks
that it is all g"ive by Granville and take by the Welsh Hills School.H"e stated that the school had
been willing to take on a septic system. He stated that the school has given to the Village,
without compensation, an easement for the 12 inch sewer. He stated that Mr. Longaberger is
donating the labor,Jobes & Henderson had prepared specifications and a bid package,and Jerry
Turner ofBird &Bull had billed the school $ 1,844 for engineering reviews. The school has paid
6,589 for engineering costs already. He stated that time is critical because the students are to
vacate Dension University in January,and the school must have the sewer system is place at that
time. He stated that they are concerned with winter weather also. He stated that if Council could
not act at this time,he recommended that the school be able to connect to the sewer at Westgate
Drive.
Manager Plunkett stated that Mr. Gordon makes an excellent point that the school would
be the only customer on that line at this time. He stated that Council should discuss the situation
and perhaps reject all bids. He stated that the sewer line proposed would cross the property north
to south. He stated that if the sewer was to run from east to west across the school's property,the
Village would be charging the school twice,and that would be double assessing. He stated that
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Village of Granville
Council Meeting Minutes
October 18, 1995
Page 4
because of the configuration of the school's lot there are two ways to look at the issue. He stated
that he continues to believe that the school has an obligation to run the sewer north and south.
Councilmember Shulman asked who would be responsible for paying for the sewer if one
day the sewer needed to go out Newark Granville Road in front of the school's property?
Manager Plunkett stated that Council would have to decide that,but he would
recommend the developer be responsible.
Councilmember Shulman asked if the easement from the school was for a sewer line
only?
Manager Plunkett answered yes.
Mr. Shulman stated that at one ppint in the sewer negotiations,an easement from the
school for the Village's pathway system had been brought up. He stated that the school has the
most pressing need for the sewer,and the property owners on Westgate Drive are not realizing
that much.
Mr. Gordon stated that the school had been ready to accept the septic system. He stated
that after the Village showed an interestin extending the sewers in that area,the school looked
into the expenses of tying to the municipal sewer.
Councilmember Shulman stated that his point had been that the village had spent money
for sewer in the area and he would stililike to see the school consider the easement for the
pathway system.
Resolution No. 95-51 -A Resolution To Reject All Bids For The Welsh Hills School
Sanitary Sewer Project Received October 12, 1995,was introduced and moved for adoption by
Vice Mayor Marshall. Seconded by Councilmember Garrett. Motion carried. Resolution No. 95-
51 was adopted.
Councilmember Shulman stated that the school's property was an important link to the
Village's pathway plan. He stated he would like to see the school grant the Village an easement
to build the pathway across their property.
Mr. Gordon asked Mr. Shulman to direct a letter to the school with his thoughts and
request.
Resolution No. 95-49,A "Resolution To Award The Bid For Construction Of The Welsh
Hills School Sanitary Sewer."
Resolution No. 95-49 was not introduced. In its place,Resolution No. 95-51,A
Resolution To Reject All Bids For The Welsh Hills School Sanitary Sewer Project Received
October 12,1995," was introduced and adopted.
Resolution No, 95-50,A "Resolution To Award The Bid For Construction Of Sludge
Holding Facilities At The Sewage Treatment Plantw,"as introduced,read in full,and moved for
adoption by Councilmember Montgomery. Seconded by Vice Mayor Marshall.
Chuck Coghlan,engineer ofBird &Bull,stated that the Village had received bids last
week for the sludge holding facilities. He stated that in June of 1993, a report document for the
project and a preliminary budget with a detailed design and a letter of summary was produced.
He stated that eight additional items were subsequently added to the plans,and because of the
time period between the preliminary estimate in June of 1993 to the actual bidding date,the
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Village of Granville
Council Meeting Minutes
October 18, 1995
Page 5
project had increased to an estimated price of $647,000. He stated that his original estimate had
been 4$00,000,plus the two year delay adding another 4$0,000 f(or inflation)a,nd the eight
additional items totaling an additional $ 207,000.
Mr. Coghlan stated that two items had been added because of Ohio EPA interpretation of
503 Sludge Holding Regulations. In 1995,Ohio EPA released a draft ofwhat regulations were
going to be and Ohio EPA is using that draft to implement its projects.
Mr. Coghlan stated that the items added to the plans were discussed with Joe Hickman
and the waste water treatment plant operator. The items added to the plans included a flow
meter,a stock piling roofed structure that would be a frame structure with no sides,a motorized
control valve,and some electrical gear changes. He stated that the cost of the EPA regulated
changes was $ 70,000 and the other six items contributed the rest of the cost to the total increase.
Mayor Eisenberg stated that the Council had passed a resolution in September to build the
facility on the basis of the $ 400,000 cost estimate.
Manager Plunkett stated that staff had been informed that the bid cost would likely
increase,but decided to go ahead and bid the project to see how the bids come in.
Joe Hickman indicated to Council that he would continue to review the sludge holding
facility to determine if it could be downsized.
After a discussion,Vice Mayor Marshall seconded Resolution No. 95-50. Motion carried.
Resolution No. 95-50 was adopted unanimously.
Vice Mayor Marshall questioned the status on the easement across the bikepath from the
Evans Foundation.
Manager Plunkett stated that the negotiations were not finished yet.
Vice Mayor Marshall stated that that area of the bikepath is in bad shape and is an eye sore and a hazard.
Manager Plunkett reminded Council that the Licking County Parks District and the Evans
Foundation are responsible for maintenance of the bikepath.
Councilmember Montgomery questioned if the Denison Bio-Reserve mowing conflict had been taken care of?
Manager Plunkett stated that unless Council directed him otherwise,Denison would have
to mow 100 foot of the field as a compromise.
ADJOURNMENT
Councilmember Bennett moved to adjourn the meeting at 9: 17 p.m. Seconded by Councilmember Garrett. Motion carried.

Council Minutes October 4, 1995

VILLAGE OF GRANVILLE
COUNCIL MEETING MINUTES
OCTOBER 4,1995
CALL TO ORDER
Vice Mayor Marshall convened the meeting at 7:34 p.m.
ROLL CALL
Those responding to the roll call were:
Councilmember Garrett
Councilmember Shulman
Councilmember Montgomery
Councilmember Freytag
Vice Mayor Marshall
Manager Plunkett
Councilmember Garrett moved to excuse Mayor Eisenberg and Councilmember Bennett.
Seconded by Councilmember Freytag. Motion carried.
PUBLIC HEARINGS
A public hearing was held on Ordinance No. 269- 5,A "n Ordinance To Rezone
Properties Located At 231 And 241 East Maple Street From The Zoning Classification Of
Suburban Residential District To The Zoning Classification Of Village Residential District."
Steve Michael of 273 East Maple Street stated that he was concerned with the lack of off
street parking on Maple Street. He stated that the parking regulations were not currently
enforced, and ifthe Westall property split is approved,he would like to see something done
about the parking issue.
Gary Stansbury representing the Planning Commission,stated that when Mr. Westall
came to the Planning Commission,the Commission,after looking at the criteria,thought that it
would be better to rezone the property to VRD to eliminate requiring the applicant to obtain
zoning variances that would be needed if it were to remain SRD,and because the lots across the
street ( zoned VRD), are of the same size. He stated that the Commission did not think that it
would be spot zoning because the properties across the street were zoned that way,and the other
land could not be built upon. He stated that Mr. Westall will still have to come to the Planning Commission for architectural review.
Bruce Westall stated that the parking on South Pearl Street is enforced and he and the
Chief of Police had discussed parking in that area before. He stated that the N"o Parkings"igns
on South Pearl Street should read N"o Parking Beyond This Point"H.e stated that people can park up to the sign. He stated that he too,was concerned with off street parking but felt that he could create off street parking,behind his lot after the construction.
The public hearing on Ordinance No. 26-95 closed at 7:42 p.m.
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Council Meeting Minutes
October 4, 1995
Page 2
REVIEW AND APPROVAL OF MINUTES
The minutes of the regularly scheduled meeting of September 20, 1995,were presented
for review. Councilmember Freytag moved to approve the minutes as corrected. Seconded by
Councilmember Montgomery. Motion carried.
CITIZENS COMMENTS
Those signing the register were:
Grace Michael
Art Morrow
Steve Michael
B. Westall
Earl Hawkins
Ben Barton
Gary Stansbury
Carmen MacLean
Gary Stansbury asked when the sewer project on Westgate Drive would be complete?
Manager Plunkett stated that the project was moving ahead,but a completion time was
not known. He stated that it should be finished within a month.
COMMITTEE REPORTS
Councilmember Shulman reported on the Tree and Landscape Commission meeting. He
stated that he hadn't attended the meeting,but from the minutes,the commission had accepted a
bid from Fackler's Country Gardens to perform the brick work at Bolen Park. The commission
reported that 55 trees had been planted this year and that they hadn't received the Urban Forest
Grant for maintenance of trees. St. Lukes' Church is closer with their plans for installing an
elevator,which may affect Opera House Park. The dying tree in front of the post office will be
replaced soon.
Councilmember Garrett reported on the Planning Commission meeting of October 2,
1995. From that meeting,two items will be coming to Council: the application of Jack and Judy
Pyle for their storage buildings on Newark-Granville Road,and the Granville Milling
Company's rezoning request to rezone part of their property to Community Service District. The
commission had tabled the request from Dave Longaberger to install a fence,and approved the
Murphy Group's Glen at Erinwood Phase 2 and 3. Mr. Westall's application was tabled until
more information can be obtained and several sign applications were approved.
Councilmember Freytag reported on the Recreation Commission meeting of October 3,
1995. In an earlier meeting,the commission had discussed installing a phone at Wildwood Park. Since that discussion,an injury had occurred during a soccer game and there had been call for help. A spectator had no way to a cellar phone which was used to call for help. This incident confirmed the need for a phone at Wildwood Park. It appears that the cost estimates for the
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Village of Granville
Council Meeting Minutes
October 4, 1995
Page 3
phone are much higher than originally thought. No decision was made but the commission is still
checking into possibilities.
Councilmember Bennett arrived.
Mr. Freytag stated that the Commission is still interested in extending the roadway across
the bikepath and is also interested in establishing a roller blading arena where the old ice skating
rink is located. There had been discussion of extending the C"oncert on the Greeni"nto the
winter months with a theater production possibly.
OLD BUSINESS
Ordinance No. 26-95,A "n Ordinance To Rezone Properties Located At 231 And 241
East Maple Street From The Zoning Classification Of Suburban Residential District To The
Zoning Classification Of Village Residential Districtw,"as reintroduced, its title read,and
moved for adoption by Councilmember Garrett. Seconded by Councilmember Montgomery.
Roll call vote: Freytag no,Bennett yes,Montgomery yes,Shulman yes,Garrett yes,
Marshall yes. Five yes votes,one no vote,one member absent. Ordinance No. 26-95 was
adopted.
Resolution No. 95-44,A "Resolution To Authorize The Village Manager To Enter Into
An Agreement With The Board Of Licking County Commissioners For The Housing And Care
Of Prisoners."
Councilmember Garrett moved to remove Resolution No. 95-44 from the table. Seconded
by Councilmember Bennett. Motion carried.
Manager Plunkett stated that the concerns with the contract had been taken care of the
contract was ready for signing.
Councilmember Garret read the resolution in full and moved to adopt it. Seconded by
Councilmember Freytag. Motion carried. Resolution No. 95-44 was adopted.
NEW BUSINESS
Resolution No. 95-47,A "Resolution To Authorize The Village Manager To Advertise
For Bids For The Purchase OfWater And Sewage Treatment Chemicalsw,"as introduced,read
in full,and moved for adoption by Councilmember Shulman. Seconded by Councilmember
Freytag. Motion carried. Resolution No. 95-47 was adopted.
Resolution No. 95-48,A "Resolution To Appoint A Member To The Granville Tree And Landscape Commissionw,"as introduced,read in full,and moved for adoption by
Councilmember Bennett. Seconded by Councilmember Montgomery. Motion carried. Resolution No. 95-48 was adopted. Linda Swartz was appointed to the Tree and Landscape Commission.
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Village of Granville
Council Meeting Minutes
October 4, 1995
Page 4
Councilmember Bennett questioned the letter received from Mr. Riddel concerning the
Evans Foundation and the easement across the bikepath.
Vice Mayor Marshall stated that the letter restated everything mentioned at their meeting
and gave some free engineering advice.
Councilmember Freytag stated that the letter seemed to imply that someone else may have
been asked to reply also. He asked what the time factor was on obtaining the easement and stated
that there was more than one way to get an easement.
After a discussion,Manager Plunkett stated that he should have an answer from the
Village's engineer regarding whether or not the Village could cross the bikepath through an
existing easement. He stated that as soon as he had that answer and the cost factor,he would let
Council know.
Councilmember Montgomery questioned the 4-way stop sign being considered for Pearl
and Elm Street.
Manager Plunkett stated that there hadn't been accidents in that location,but many people
are confused at the intersection. He stated that the Village staff had been debating the issue,and
he thought he'd mention it to Council for their comments.
MEETING ANNOUNCEMENTS
The next Planning Commission meeting will be October 16, 1995.
ADJOURNMENT .....
Councilmember Garrett moved to adjourn the meeting at 8: 33 p.m. Seconded by
Councilmember Freytag Motion carried.

Council Minutes September 20, 1995

VILIAGE OF GRANVILLE
COUNCIL MEETING MINUTES
SEPTEMBER 20,1995
CALL TO ORDER
Mayor Eisenberg convened the meeting at 7:33 p.m.
ROLL CALL
Those responding to the roll call were:
Councilmember Garrett
Councilmember Shulman
Councilmember Montgomery
Councilmember Bennett
Councilmember Freytag
PUBLIC HEARINGS
Vice Mayor Marshall
Mayor Eisenberg
Law Director Hurst
A public hearing was held on Ordinance No. 279- 5,A "n Ordinance To Amend
Existing Section 1105.01 Of Chapter 1105 OfThe Codified Ordinances OfThe Village Of Granville."
No one appeared to speak for or against Ordinance No. 27-95. The public hearing closed at 7:34 p.m.
A public hearing was held on Ordinance No. 28-95,A "n Ordinance To Amend
Ordinance No. 449-4 Providing For Adjustments Of The Annual Budget For The Fiscal Year 1995 And Revising Sums For Operating Expenses.
No one appeared to speak for or against Ordinance No. 289-5. The public hearing closed at 7:34 p.m.
REVIEW AND APPROVAL OF MINUTES
The minutes of the regularly scheduled meeting of September 6,1995,were presented for review. Councilmember Garrett moved to accept the minutes as corrected. Seconded by Vice Mayor Marshall. Motion carried.
MAYOR'S REPORT
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The Mayor's report for the month of August was presented for review. Mayor
Eisenberg directed the clerk to file the report. A copy of that report is attached as part ofthese
minutes.
MANAGER'S REPORT
The Manager's report for the month of August was presented for review.
Councilmember Montgomery moved to approve the report. Seconded by Councilmember
Freytag. Motion carried. A copy of that report is attached as part of these minutes.
CITIZENS COMMENTS
Those signing the register were:
Doug Tailford
Ben Barton
JoAnn Morey
D. Jolly
Gary Wilcox
Randy Fasmary
Heather Titley
Jeanetta Pyle
Willis Truy
Arnold Shaheen
Dave Samuelson
Gary Stansbury
RG &PA Hawklem Earl Hawkins
C. Kemah
Tim Snider
Eric Stewart
Jim Harf
Gil Krone
Eloise DeZwarte
Rose Wingert
William Wilson
Bob Lavendar
Mr. &Mrs. Case
Frank Brauner
Joanne Woodyard
Michael Dager
Dan Bellman
Herb &Pat Murphy Alan Miller
Ashlin Caravana
John Klauder
Art Morrow
John Kessler
Dave Woemer
Clifton Crais
Lyn Robertson
Ned Roberts
Christie Farris
George Fackler
Ray Titley
Mr. &Mrs. Turner
Richard Salvage
Kim Zeune
Carolyn Huey
Frank,Peter,K &ay Murphy
Frank Bentz
Ed Vance
John Renz
Tom Scoro
Greg Frazier
Matt MeGowan
Jeanetta Pyle of the Granville Recreation Commission stated that in July she had requested permission to extend the roadway in Wildwood Park between the playground and the bikepath to have access to additional parking. She stated that the Recreation Commission would like to use the land for future development to improve the picnic area,perhaps convert the old ice skating rink to a roller blading area,and perhaps have more soccer fields and softball space. She stated that in July,Council could not give her an answer on the request because at that time it was not known where the new public water supplywell 4#would be located. She ask if this was still affecting the request?
Assistant Village Manager Joe Hickman stated that there are three preliminary locations for the well site. He stated that stakes are marking the locations but as ofnow,it is not known where the well will be placed. 1
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After a brief discussion,Mayor Eisenberg stated that Council couldn't deal with the
situation until a plan of what is going to be done is submitted. He stated that a decision could
not be made until the well location is decided.
Mayor Eisenberg stated that later in the meeting,Council would be hearing the appeal
on the Marathon issue. He stated that he realized most people present were interested in the
hearing and if they had something to say,the time for public input had past. He stated that
Council would not take any participation during the appeal hearing and are not required to
have any at this stage ofthe proceedings. He stated that because this is Granville,the tradition
has always been to let people speak,and he would take a limited amount of public input.
Mayor Eisenberg stated that there had been three hearings before the BZBA and most
of the Council members had sat through those hearings. He stated that the same people had
risen and spoken at all the meetings. He stated that Council had heard everyone's concerns
several times and are well aware of them. He stated that Council will hear from anyone who
hasn't spoken first,and then allow other comments after. He asked that people restrict their
comments to a few minutes because of the lengthy agenda.
Arnold Shaheen,Attorney for the applicants,Kim Zenune and Cindy Shumaker,stated
that the public comments should not be considered as evidence in this hearing. He asked that
members ofthe Board ofZoning And Building Appeals B( ZBA)re, strain from making comments at this time.
Mayor Eisenberg stated that he thought the matter could come to a resolution tonight.
He stated that BZBA members would not make statements during the appeal hearing itself,
but Council may question them to respond to a matter of procedure.
William Wilson,427 Shannon Lane,presented a petition from Erinwood residents
supporting the BZBA's decision. Mr.Wilson read the petition in full. A copy of that petition is attached as part of these minutes.
Ann Miller of South Prospect Street,stated that Granville had not always been a quite little town. She stated that until the 1960's,thousands of automobiles and trucks were traveling through Granville. She stated that there had been a fueling station where the Lutheran Church is now and a pool hall. She stated that everything changes and Marathon
was asking to build a nice looking facility. She stated that if she lived in Erinwood,she would Mbeagralathdotno see this type of store come in and hoped that Council would consider approving the station.
Bob Lavendar ofCherry Valley Road stated that he wanted to see the Marathon Station come in. He stated that growth is going to happen and people are not going to be able to stop it. He stated that he was not objecting to the project in any way.
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Mary Kay Roberts stated that she lived beside Mr. Lavendar and she was very much
against the development.
Clifton Crais stated that he was against this type of development in Granville. He
stated that development is not inevitable and this was the worse kind of development.
Andrew Turner of Shannon Lane stated that when he purchased his condominium it
was in a nice quite community. He stated that the Marathon Station would create traffic
problems in the area and if Ms. Miller lived Erinwood,she would think about the
development in a different way.
COMMITTEE REPORTS
Councilmember Garrett reported on the Planning Commission meeting of September
18, 1995. At that meeting,the commission heard a request from Granville Milling Company
to rezone part of their property. That request had been tabled until another meeting. The
commission tabled a fence request at the Bryn Du Mansion,three sign applications approved and were a application to change a position of a skylight was approved.
Councilmember Freytag reported on the Old Colony Burial Ground Board meeting of
September 11, 1995. The preservationists from Massachusetts have now restored 236 ofmore than 700 stones. Recently,25 more stones had been restored in the northeast corner of the
cemetery. A monument company in Hebron had donated their lifting equipment in order to accomplish that task. The Board voted to proceed with the Granville Foundation's grant of
3,000 for landscaping on the southwest edge of the cemetery by the car wash. An 18 inch layer oftop soil will be installed there at the advice ofJohn Klauder and a number oftrees and plantings will be put in the area in hope that the Foundation will give a grant next year. He stated that the board reported that the cemetery wall on Main Street seems to be caving in at several points.
OLD BUSINESS
Ordinance No. 27-95,A "n Ordinance To Amend Existing Section 1105.01 OfChapter 1105 Of The Codified Ordinances Of The Village OfGranvillew,"as reintroduced,title read and moved for adoption by Councilmember Shulman. Seconded by Councilmember Garrett Mayor Eisenberg stated that the ordinance would clarifr the existing ordinance to better define private streets,drives,ect. because the previous language was ambiguous. Councilmember Freytag stated that he was still having difficulty seeing how the change would prohibit private streets between two public ways.
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Law Director Hurst stated that what was attempted with the amendments was to
clearly definep "rivatef"rom the notion of streets. He stated that there had been confusion of
using the language ofboth p"rivatea" nd s"treeta"t the same time. The way the ordinance is
structured,there had been a contradiction of terms. This ordinance clearly defines all things
that might be private.
Mr. Freytag stated that his questions had been answered,he was concerned that there
may be a loop hole though.
Roll call vote: Garrett yes,Shulman yes,Montgomery yes,Bennett yes,Freytag yes, Marshall yes,Eisenberg yes. Seven yes votes. Ordinance No. 27-95 was duly adopted.
Ordinance No. 289- 5.A "n Ordinance To Amend Ordinance No. 449-4 Providing For
Adjustments OfThe Annual Budget For The Fiscal Year 1995 And Revising Sums For
Operating Expenses, was reintroduced,title read and moved for adoption by Vice Mayor
Marshall. Seconded by Councilmember Garrett.
Roll call vote: Freytag yes,Bennett yes,Montgomery yes,Shulman yes,Garrett yes, Marshall yes,Eisenberg yes. Seven yes votes,Ordinance No. 28-95 was adopted.
Councilmember Montgomery ask if the Evans Foundation had granted the Village an easement yet?
Vice Mayor Marshall stated that the committee had made progress but an easement hadn't been produced yet.
NEW BUSINESS
Marathon Appeal
Law Director Hurst advised Council that under Section 1137.01 b( )of the Granville Codified ordinances,prior to hearing the appeal,the Law Director and Village Manager must state that the appeal procedures are complete. He stated that Council is so advised. Council has the options of upholding the determination of the BZBA,reversing the determination,or modify the decision ofthe BZBA. IfCouncil finds that the facts presented by the appellant are different from the facts of the BZBA,the matter may be remanded back to the BZBA for further consideration. The Council is to render its decision within 10 days concluding the hearing ofthe appeal.
Arnold Shaheen,attorney for the applicants,Kim Zeune and Cindy Shumaker,stated athsakttthhaist twheas a preliminary matter procdure and ifcouncil was to take testimony,he would testimony be sworn and that he have a chance to cross examine.He stated that he would appreciate it if Council gave him that opportunity.
Law Director Hurst stated that this was not a public hearing,it was a opportunity for the applicant to present to Council any matters they wish to bring Council's attention. He stated that Council will have the opportunity to direct questions as they deem appropriate and
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that this was not a trial,it was a review of a decision. He stated that there won't be a cross or
re-cross of witnesses.
Mr. Shaheen stated that the applicants were told at the beginning of the BZBA
hearing,by the chairperson that none of the comments of the public would be used as
evidence however,there is repeated commentary regarding specific comments that were taken
in unsworn testimony. He stated that none of the testimony had been taken under oath and
there had not been cross examination. The BZBA could not get it together at the end of the
meeting to make a finding of fact on record. Three weeks later a 12 page tome on traffic
engineering was produced. He stated that none of the BZBA members were traffic engineers
or had credentials. He stated that there had been talk of a worksession to write the facts of
finding and the applicants did not have any notice of this meeting. The BZBA indicated that
they were not traffic engineers,yet disagreed with the traffic engineer and the Village's paid
expert traffic engineer. The Village's engineer had been asked repeatedly if he would have
use the same methodology as the TSI engineer had used and he agreed that he would. The
BZBA expected a planning study and wanted the applicants to give the b"ig picture"on traffic in the future. The scope of the efforts of the traffic study was not to provide a planning
study but to provide a site study. The planning study was completed in 1992 and projected the
traffic then,and what the future would bring. The 1992 study included the traffic at the site
now and traffic that would be generated once the area was fully developed contrary to what
the BZBA found in its finding of facts. The BZBA members basically found that they didn't want this kind of use there even though it is zoned commercial when the comprehensive plan
was put together. Mr. Shaheen stated that he had read every case law on conditional uses and
the courts are saying BZBA had three choices,approve,approve with modifications,or deny the application. He stated that there were no standards set forth by the BZBA for the applicant
to attempt in order to be approved. The BZBA never gave the applicants an opportunity to set parameters in order to achieve a conditional use permit. The BZBA never said how to make the use compatible,the applicants were told everything wrong and never discussed the amendments made to the application as suggested by the Village Planner or Village Engineer. The Council's first hearing of the appeal had been remanded back to the BZBA for two
purposes;testimony of the traffic engineers and other additional site plan uses. He stated that the BZBA got into litter,noise,and issues beyond the scope of the remand. He stated that moving the entrance ofWendy's somewhere north was discussed and has nothing to do with the application. He stated that there was a recommendation that Council reverse the opinion only by limiting access strictly to Galway Drive. He stated that the application currently provides a permanent easement to allow Wendy's traffic to access the Marathon property to Galway Drive in order to help eliminate the traffic on Cherry Valley Road. He stated that by saying that the applicants can't have access from Cherry Valley Road,but must give an easement to Wendy's is unconstitutional.
Mr. Shaheen stated that Page 9 ofthe BZBA's findings offact was an example of the unfairness of the proceeding. He stated that in footnote 15,one board member concluded
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that it was actually 185 feet from Wendy's to SR 16. He stated that the applicants were never
notified that anyone would be taking measurements,therefore were not present. He stated that
they did not learn of the action and it was in the basis of the board's conclusion. He stated that
this was unfair and Council had a chance to rectify the unfairness. He stated that the BZBA
didn't mention the changes that took place in the course of the proceedings and the turn lanes
that would be installed. He stated that the applicants were willing to add a left turn lane and a
right turn lane to ease traffic congestion. He stated that the applicants didn't get a fair hearing
procedurally and there were defects in the reasoning and conclusions of the BZBA.
Mr. Shaheen stated that on Page 3 of the finding of fact of the BZBA,criticized the
land use used in the traffic generation manual. Never in meeting with the Planning
Commission or meetings with the village planner,was the issue of Section 853 brought and the BZBA up never chose to ask questions of the experts. The BZBA had access to a traffic CC generation manual,looked under section 846, gas station with convenience storea"n,d
decided Section 853,c o"nvenience store with gas pumpss"h,ould have been used. He stated
that there is going to be a convenience store but the largest volume of revenue is going to
come from selling gasoline and not convenience items. He stated that the BZBA questioned
why local conditions weren't evaluated;why didn't statistics get taken from the other gas stations in the area?He stated that the statistics came from a nationally recognized source, published by an institute of traffic engineers. He stated that the methodology used is followed
by all traffic engineers because the only other way to do it would be to build the station,study the traffic,then tear down the building and present the actual statistics to the board. The applicants were criticized for basing judgments upon the data from the manual. The BZBA
found the judgments to be speculative. He stated that Mr. Krone made comments that he
didn't find the 1995 study to be credible but found the 1992 study more reliable. He stated that the traffic study is based on the same document used on the 1992 study. He stated that if the manual is good enough for the 1992 study,it must be okay for the 1995 study.
Mr. Shaheen stated that the BZBA said the 1992 traffic study reported daily traffic would increase due to the residential and commercial development in the area. He stated that he didn't dispute that but,the board further says with this development the traffic will increase
even more.What the Board didn't understand was the 1992 study already took into consideration the traffic generated by that site. The BZBA reached an erroneous conclusion from the testimony and the evidence. He stated that the board again criticizes their own traffic engineer.
Mr. Shaheen stated that part D" "p,age 7 ofthe fact of finding mentions that traffic flow would be improved. He stated that it would be improved because there will be two more lanes and a permanent access for Wendy's through the Marathon property which will eliminate stacking problems and traffic will move easier. He stated that Mr.Wilcox took into account the actual traffic at the Wendy's intersection once the improvement is made,not on wsoamsenogut ecsresdoitfawbhlea.t the traffic would be. Again,the BZBA criticized an expert believing he 1
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Mr. Shaheen stated that on page 8 of the finding of fact,the BZBA's testimony stated
that there was nothing to state the impact on the application once the area is fully developed.
He stated that the determination could not be made because it would be speculative. He stated
that the BZBA was trying to get the engineer to predict how the development would be
affected and the applicants were not doing a planning study. The planning study was done in
1992,the 1995 study is a site study. He stated that the 1992 study answered the question.
Mr. Shaheen stated that page 10,item C,states that conflict points exist now at
Westgate Drive and Cherry Valley Road. He stated that they exist now and will exist after the
improvements but,will be reduced if not eliminated.
Mr. Shaheen stated that the applicants had tried to be " nice guys"all along and had
done everything without exception the Planning Commission and the Planner had requested.
He stated that the applicants would be paying for road improvements to the area and willing
to grant a permanent easement across the property to benefit Granville. He stated that the
applicants are trying to become good business people for the citizens of the community. He
stated that the applicants have property rights that the BZBA didn't recognize and are now
asking Council to do that or set conditions and the applicants will be the best to live up to
them. He asked that Council not cut them off as the BZBA had done. He stated that they are
not trying to become an adversary,they want to be friends and help make this a good
community. He stated that the applicants would not have spent this kind of money unless they
were serious about the outcome. He asked Council to reverse the decision of the BZBA or
implement conditions and the applicants would do their best to meet those conditions
At this time,Gary Wilcox of Traffic Services Inc.,introduced himself and stated his
qualifications. The Village's Traffic Engineer,Dave Samuelson also introduced himself and
gave his qualifications.
Councilmember Bennett asked Mr. Samuelson what his take was on the BZBA
pertaining to his analysis?
Mr. Samuelson stated that the board didn't take much credence on what he had He stated to say. that he gave his professional analysis and the BZBA elected not to believe what he had to say.
Mayor Eisenberg stated that Council needed to deliberate and come to a conclusion.
He stated that it was important to recognize Council's duty which is to deal with the findings of fact. He stated that he had discussed the matter with Law Director Hurst and although Council needed to be fair and follow proper procedures,this was not a trial and it was up to Council to deal with only the facts. He stated that people's input and feelings are not what Council should base their decision on, its the validity of the findings of fact ofthe BZBA. He cstraitteerdiat.hat in his opinion,Council should go through the facts item by item and sort out the
Councilmember Freytag stated the BZBA does not have to accept the opinion of any witness. He stated that the Council is elected to exercise their own independent judgment and the BZBA was asked to do the same. The vote was 5-0 and although there may have been
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procedural irregularities,there have been many good points brought up by the BZBA. He
stated that no witness is required to take an oath and in his opinion,the board did this
community a fine service by looking at the application as closely as they did and the heart of
their opinion is correct. He commended the BZBA for what they have done. He stated that in
his opinion,it would be a serious error on Council's part to overturn the decision of the board.
Mayor Eisenberg stated that he agreed in the principle ofthe matter but did not agree
with not accepting the opinions of the experts. He stated that he understood the skeptic
opinions of the expert hired by the appellant,but found it disturbing that the BZBA rejected
the opinions and conclusions of the independent engineer hired by the Village to give an
unbiased opinion. He stated that it was very disturbing that the BZBA could totally ignore the
findings and conclusions of the experts in the field.
Councilmember Freytag stated that it was the province of every jury in this land to
assess the truthfulness ofwitnesses and make there own decisions. He stated that it is not
necessary to accept what someone says because they are considered an expert. He stated that
he had publicly stated before that he was not at all happy with the work product of the
engineer. He stated that the BZBA pointed out flaws and he could not have written a better
report than the BZBA.
Vice Mayor Marshall stated that the material used by all parties concerning land had been statistical data. He stated that he couldn' use t see that what the BZBA did in their
analysis was more credible than that done by the two engineers. He stated that he wished the
Board would have used the betterjudgment ofthe professionals. He stated that in his opinion,
one could not overturn the decision of the BZBA on the basis of traffic. He stated that Section
1145.03 of the zoning code reads that if the development is detrimental to existing
neighboring uses the development can be denied. He stated that in his opinion,Section
1145.03 is a basis for denying the conditional use permit in that area. He stated that because
ofthe length of hours the station is open,the cars going in and out,and the general
disturbance,there exists an adequate reason to reject the conditional use permit,but the traffic issue is not it.
Councilmember Shulman stated that in his opinion,the traffic data is important
because of the four uses for the site. He stated that the gas station was the primary concern and focus but no one knew which use will have the maximum use. He stated that the area is scheduled to be built out in 20 years and that he wouldn't vote to overturn the decision of the BZBA.
Councilmember Montgomery stated that she agreed with Vice Mayor Marshall that the information on the traffic issue was debatable. She stated that she had concerns about the procedures of the BZBA,but Council needed to address those issues with the BZBA. She stated that she could only support the denial using criteria D.
Councilmember Bennett stated that with respect to the traffic issue,he was concerned with the way the expert's opinions were disregarded by the BZBA. He stated that people hire an expert to give an opinion when there is an area one does not have understanding in and it is
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very unusual when one disregards their own expert's opinion that is paid out of tax payers
dollars. He stated that he thought the bohrd should be commended and was sure they had the
community's best interest in mind but he felt that they had their minds made up going in. He
stated that Marathon had been a part of his family life for 30 years and he had come to
appreciate his parents views and spoke to them at length on the issue. He stated that as a
result,he felt that he could not render a fair decision and he would abstain from voting on the
issue. He stated that some may see that as taking the easy way out,but he couldn't make an
impartial decision.
Mayor Eisenberg stated that he could not support the findings of facts relative to the
traffic study. He stated that he thought Councilmember Bennett's comment about reaching a
conclusion and fitting the facts to support the conclusion was right. He stated that he thought
Council needed to look at the findings of fact and decide what to rule on.
Vice Mayor Marshall stated that the fact that that there will be added noise,lighting
and off street traffic which would be disturbing to the people that live in the area is enough to
deny the appeal. He stated that he would not want the development adjacent to his property
and 95%of the comments heard from citizens dealt with the nuisance issue and not traffic. He
stated that it would be disturbing people by allowing the development.
Councilmember Garrett stated that the area was zoned for business and will become
business. She stated that the question is o"f what type of businessS?h"e. stated that if one does not allow business after the area is zoned commercial there is a problem. She stated that
the master plan designated that area as being commercial and Council was not going to avoid that as being a business area at some time.
Councilmember Shulman moved to uphold the decision ofthe BZBA. Seconded by
Vice Mayor Marshall. Roll call vote: Freytag yes,Bennett abstain,Montgomery yes,Shulman
yes,Garrett no,Marshall yes,Mayor Eisenberg no. Four yes votes,two no votes. The Council affirmed the decision ofthe BZBA. The appeal was denied.
Beggar's Night
Council set beggar's night in Granville for Monday,October 30,from 5: 00 p.m. to 7:00 p.m.
Resolution No. 954- 3,A "Resolution To Authorize The Village Manager To Advertise For Bids For The Construction Of The Welsh Hills School Sanitary SewerMainw,"as introduced,read in full,and moved for adoption by Councilmember Garrett. Seconded by Councilmember Freytag. Motion carried. Resolution No. 95-43 was adopted.
Resolution No. 95-44,A "Resolution To Authorize The Village Manager To Enter Into An Agreement With The Board OfLicking County Commissioners For The Housing And Care OfPrisoners,w "as introduced,read in full,and moved for adoption by Vice Mayor Marshall. Seconded by Councilmember Garrett.
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Law Director Hurst stated that one sentence in the contract regarding the security of
prisoners when taken to the hospital concerned him. He stated that he had been in contact
with the Prosecutor's office who is suppose to get back to him with an answer on that
concern.
Councilmember Garrett moved to table the Resolution. Seconded by Councilmember
Bennett. Motion carried. Resolution No. 95-44 was tabled.
Resolution No. 954- 5A."Resolution To Authorize The Village Manager To Advertise
For Bids For The Construction Of Sludge Holding Facilities At The Sewage Treatment
Plantw,"as introduced, read in full,and moved for adoption by Councilmember Bennett.
Seconded by Vice Mayor Marshall. Motion carried. Resolution No. 95-45 was duly adopted.
Council authorized the closing ofNorth Prospect Street for two evenings in
conjunction with Fire Prevention Week for the fire department. They also authorized the
closing of Maple Street for a block party,
ADJOURNMENT
Councilmember Freytag moved to adjourn the meeting at 10: 05 p.m. Seconded by
Councilmember Bennett. Motion carried.

Council Minutes September 6, 1995

VILLAGE OF GRANVILLE
COUNCIL MEETING MINUTES
SEPTEMBER 6,1995
CALL TO ORDER
Mayor Eisenberg convened the meeting at 7:34 p.m.
ROLL CALL
Those responding to the roll call were:
Councilmember Garrett
Councilmember Shulman
Councilmember Montgomery
Councilmember Bennett
Councilmember Freytag
PUBLIC HEARINGS
Vice Mayor Marshall
Mayor Eisenberg
Law Director Hurst
Manager Plunkett
A public hearing was held on Ordinance No. 20-95.A "n Ordinance To Repeal
Existing Section 373. 11 Of The Granville Codified Ordinances And Adopt A New Section 373. 11."
No one appeared to speak for or against Ordinance No. 20-95. The public hearing closed at 7: 35 p.m.
A public hearing was held on Ordinance No. 229- 5.A "n Ordinance To Amend
Ordinance No. 449-4 Providing For Adjustments Of The Annual Budget For The Fiscal Year 1995 And Revising Sums For Operating Expenses."
No one appeared to speak for or against Ordinance No. 22-95. The public hearing closed at 7: 35 p.m.
A public hearing was held on Ordinance No. 23-95,A "n Emergency Ordinance EAnftaecrted By the Village OfGranville,Licking County,Ohio,In The Matter Of The Herein Described Improvement,And To Request Cooperation By The Director Of Transportation."
No one appeared to speak for or against Ordinance No. 23-95. The public hearing Closed at 7:36 p.m.
A public hearing was held on Ordinance No. 249- 5,A "n Ordinance To Accept The Facilities Installed In The Ridge Segment,South Galway Drive,And Phase I Of The Village Green At Erinwood By The Murphy Group,Inc."
closed No one appeared to speak for or against Ordinance No. 24-95. The public hearing at 7:36 p.m.
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A public hearing was held on Ordinance No. 25-95.A "n Ordinance To Repeal
Existing Chapter 905 Of The Granville Codified Ordinances And Adopt A New Chapter
905 Addressing The Replacement And Repair Sidewalks."
No one appeared to speak for or against Ordinance No. 25-95. The public hearing
closed at 7: 37 p.m.
REVIEW AND APPROVAL OF MINUTES
The minutes of the regularly scheduled meeting of August 16, 1995 were presented
for review. Vice Mayor Marshall moved to approve the minutes as corrected. Seconded by
Councilmember Garrett. Motion carried.
CITIZENS COMMENTS
Those signing the register were.
Clifton Crais Ann Rudrauff
Ben Barton
Frank Brauner Earl Hawkins
Ann Rudrauff,director of Licking County Community Mental Health was present
to inform Council of the replacement levy that will be on the ballot in November. The levy
is a $1 mil replacement levy which would be used to keep six agencies running in Licking
County. She stated that she would be visiting townships and cities in the area to answer questions and get good visibility to the public concerning the levy. Ms. Rudrauff asked
Council for their support on the levy in November.
Mayor Eisenberg thanked Ms. Rudrauff for her information and time.
Clifton Crais asked Council if they had any plans to take care of traffic problems in Granville and on what time table would the problems be taken care of.
Manager Plunkett stated that the Village had performed traffic studies and
petitioned ODOT for a traffic control device at New Burg Street and North Pearl Street. ODOT denied the Village's request and instead chose to install highway signs. The Village asked ODOT to consider rerouting SR 661 around Granville and their response had been perhaps sometime after 2017M."r. Plunkett stated that the State had built SR 661 and that they had no intention of abandoning it though Granville. He stated that he had read Mr. Crais' letters and understands his concerns. The Village patrols the area and issues citations for anyone disobeying the speed limit.
Mr. Crais expressed concern with the speed at which trucks travel Pearl Street. He stated that his question referred to not just traffic problems on Pearl Street but throughout the entire village. He stated that residents have serious concerns with traffic. Mr. Crais
Village of Granville
Council Meeting Minutes
September 6, 1995
Page 3
asked if Council was accepting the answer from ODOT that they would not do anything to
resolve the problem or if Council was pursuing the matter further?
Manager Plunkett stated that he had accepted the answer. He stated that Granville
did not have control of the road,ODOT had jurisdiction.
Mr. Crais stated that if Council thinks creatively,there could be something done to
attack the issue. He stated that large trucks should be banned in the Village. He stated that
there are lots of bad laws in the state and that Council can take no action or they can take
action and try to change the law. He stated that he had been in contact with the Attorney
General's office,and they seemed to think that a municipality had a lot of options.
Mayor Eisenberg stated that the Village couldn't bar trucks from traveling on a
state highway. He stated that the Village could not do what is illegal under state law.
Mr. Crais stated that the Village should enforce the 25 mph speed limit and cite
people for traveling at 27 miles per hour,as the law states. He stated that the traffic study
performed did not explore traffic in the entire village and that the study was extremely
incomplete.
Mayor Eisenberg suggested that Mr. Crais continue with his studies and inform
Council if anything turns up.
Councilmember Shulman stated that the committee that had been formed to study
the traffic issue had only met twice. He stated that a lot of ideas were brought forth but the
committee hadn't made a report to Council, and Council can't do anything if they are not
informed.
COMMITTEE REPORTS
Councilmember Freytag reported on the Recreation Commission meeting. At that
meeting,two new members were appointed. Five people had expressed interest in the
vacancies;the three candidates not chosen were assigned to committees to assist the
Commission. The Commission is still interested in building the road across the bikepath at
Wildwood Park. There had been discussion of installing a phone at Wildwood Park in the
shelter house area. The commission had discussed several possibilities for a phone. A
question raised had been who would be responsible for the phone bill?He stated that the
commission had not made any decisions on the phone and they were still exploring the
possibilities.
OLD BUSINESS
Ordinance No. 209- 5.A "n Ordinance To Repeal Existing Section 373. 11 Of The
Granville Codified Ordinances And Adopt A New Section 373.11," was reintroduced,title
read and moved for adoption by Councilmember Garret. Seconded by Councilmember
Montgomery.
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Village of Granville
Council Meeting Minutes
September 6, 1995
Page 4
Roll call vote: Garrett yes,Shulman yes,Montgomery yes,Bennett yes,Freytag
yes,Marshall yes,Eisenberg yes. Seven yes votes. Ordinance No. 20-95 was adopted.
Ordinance No. 22-95,A "n Ordinance To Amend Ordinance No. 449-4 Providing
For Adjustments Of The Annual Budget For The Fiscal Year 1995 And Revising Sums For
Operating Expensesw,"as reintroduced,title read,and moved for adoption by
Councilmember Shulman. Seconded by Councilmember Garrett
Roll call vote: Freytag yes,Bennett yes,Montgomery yes,Shulman yes,Garrett
yes,Marshall yes,Eisenberg yes. Seven yes votes. Ordinance No. 22-95 was adopted.
Ordinance No. 23-95, A**n Emergency Ordinance Enacted By the Village Of
Granville,Licking County,Ohio,In The Matter Of The Herein After Described
Improvement,And To Request Cooperation By The Director Of Transportationw,"as
reintroduced,title read, and moved for adoption by Vice Mayor Marshall. Seconded by Councilmember Garrett.
Mayor Eisenberg stated that the sidewalks scheduled to be built along Newark-
Granville Road by the Erinwood developer and the have been installed by the Bryn Du
developer. He stated that it is intended to piggy back the completion of sidewalks on Newark Granville Road.
Manager Plunkett stated that Mr. Longaberger has agreed to move his fence back so that sidewalk can be built in front of the polo field. He stated that the sidewalks on Newark
Granville Road will be built with the Newark Granville Road improvements.
Roll call vote: Garrett yes,Shulman yes,Montgomery yes,Bennett yes,Freytag
yes,Marshall yes,Eisenberg yes. Seven yes votes. Ordinance No. 23-95 was adopted.
Ordinance No. 249- 5,A "n Ordinance To Accept The Facilities Installed In The
Ridge Segment,South Galway Drive,And Phase I Of The Village Green At Erinwood By The Murphy Group,Inc,w"as reintroduced,title read,and moved for adoption by Councilmember Garrett. Seconded by Vice Mayor Marshall.
Roll call vote: Freytag yes,Bennett yes,Montgomery yes,Shulman yes,Garrett
yes,Marshall yes,Eisenberg yes. Seven yes votes. Ordinance No. 24-95 was adopted.
Ordinance No. 25-95,A "n Ordinance To Repeal Existing Chapter 905 Of The Granville Codified Ordinances And Adopt A New Chapter 905 Addressing The Replacement And Repair Sidewalksw,"as reintroduced,title read,and moved for adoption by Councilmember Bennett. Seconded by Vice Mayor Marshall
Roll call vote: Garrett yes,Shulman yes,Montgomery yes,Bennett yes,Freytag yes,Marshall yes,Eisenberg yes. Seven yes votes. Ordinance No. 25-95 was duly adopted.
Councilmember Freytag questioned why the Evans Foundation had not given the Village an easement to perform the storm sewer work?
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Council Meeting Minutes
September 6, 1995
Page 5
Manager Plunkett stated that the Village is still talking with the Foundation. He
stated that Councilmember Garrett and Vice Mayor Marshall will met with Gib Reese on
September 15 to find out what the objections are and discuss the matter further. He stated
that if the Village gets the easement,the project won't be complete this year because of the
design work and bid process.
NEW BUSINESS
Ordinance No. 269- 5,A "n Ordinance To Rezone Properties Located At 231 And
241 East Maple Street From The Zoning Classification Of Suburban Residential District
To The Zoning Classification Of Village Residential Districtw,"as introduced and its title
read by Councilmember Garrett
Mayor Eisenberg set the public hearing on Ordinance No. 26-95 for September 20,
1995,at 7:30 p.m.
Ordinance No. 27-95,A "n Ordinance To Amend Existing Section 1105.01 Of
Chapter 1105 Of The Codified Ordinances Ofthe Village ofGranvillew,"as introduced,
and its title read by Councilmember Shulman.
Mayor Eisenberg set the public hearing on Ordinance No. 27-95 for September 20, 1995,at 7: 30 p.m.
Ordinance No. 28-95.A "n Ordinance To Amend Ordinance No. 44-94 Providing
For Adjustments OfThe Annual Budget For The Fiscal Year 1995 And Revising Sums For Operating Expensesw,"as introduced and its title read by Vice Mayor Marshall.
Mayor Eisenberg set the public hearing on Ordinance No. 28-95 for September 20, 1995,at 7:30 p.m.
Resolution No. 95-41. A"Resolution To Award The Bid For The New Burg Street Ditch Enclosure And Bikepath Installation To Layton Excavatingw,"as introduced,read in full,and moved for adoption by Councilmember Montgomery. Seconded by Councilmember Freytag. Motion carried. Resolution No. 95-41 was duly adopted.
Resolution No. 954- 2,A "Resolution Accepting The Amounts And Rates As Determined By The Budget Commission And Authorizing The Necessary Tax Levies And Certifying Them To The County Auditorw,"as introduced,read in full,and moved for adoption by Councilmember Garrett. Seconded by Councilmember Bennett. Motion carried. Resolution No. 95-42 was duly adopted.
Councilmember Shulman questioned who is in charge ofmaintenance for the Granville Solvents site. He stated that the weeds were overgrown in the area.
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Council Meeting Minutes
September 6, 1995
Page 6
Manager Plunkett stated that the PRP Group was responsible for maintaining the
site through EPA. He stated that he would check to see if something could be done.
Councilmember Montgomery asked if Manager Plunkett needed feedback on the
memo concerning Welsh Hills School?She stated that in her opinion,the Village should
not move ahead until something is in writing from Welsh Hills School,
EXECUTIVE SESSION -PENDING LITIGATION
Councilmember Bennett moved to enter into executive session at 9:08 p.m. to
discuss pending legal matters. Seconded by Vice Mayor Marshall. Roll call vote: Garrett
yes,Shulman yes,Montgomery yes,Bennett yes,Freytag yes,Marshall yes,Mayor
Eisenberg yes. Seven yes votes. Motion carried.
Law Director Hurst updated Council on issues surrounding the Keny case. Council
agreed to file a Motion for dismissal.
Vice Mayor Marshall moved to return to regular session at 9:47 p.m. Seconded by Councilmember Montgomery. Motion carried.
ADJOURNMENT
Councilmember Freytag moved to adjourn the meeting at 9:48 p.m. Seconded by Vice Mayor Marshall. Motion carried.

Council Minutes August 16, 1995

VILLAGE OF GRANVILLE
COUNCIL MEEING MINIJ13S
AUGUST 16,1995
CALL TO ORDER
Mayor Eisenberg convened the meeting at 7:35 p.m.
ROLL CALL
Those responding to the roll call were:
Councilmember Garrett
Councilmember Shulman
Councilmember Bennett
Councilmember Freytag
Vice Mayor Marshall
Mayor Eisenberg
Law Director Hurst
Manager Plunkett
Vice Mayor Marshall moved to excuse absentee Councilmember Montgomery. Seconded by Councilmember Garrett. Motion carried.
REVIEW AND APPROVAL OF MINUTES
The minutes of the regularly scheduled meeting of August 2, 1995 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 July was presented for review. directed Mayor Eisenberg the clerk to file the report. A copy of that report is attached as part ofthese minutes.
MANAGER'S REPORT
The Manager's Report for the month of July was presented for review. Councilmember Garrett moved to approve the report. Seconded by Councilmember Freytag. Motion carried. A copy ofthat report is attached as part ofthese minutes.
CITIZENS COMMENTS
Those signing the register were:
Dave Woerner
No questions,comments or concerns were voiced at this time.
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Council Meeting Minutes
August 16, 1995
Page 2
COMMITTEE REPORTS
Councilmember Bennett reported on the Planning Commission meeting of August 7,
1995. A number of routine applications had been approved. One application had been referred
back to the applicant because the plan for a screened in porch needed to show more details. A
worksession for the Hilengreen Project was also held. The project was referred back to the
developer asking for a more detailed plan and some adjustments.
Councilmember Freytag questioned if the homeowners association was concerned with
the Hilengreen Project?
Councilmember Garrett stated that the Homeowners Association was not totally against
the project as long as the developer is aware of the limits and conditions ordered by the Court.
Councilmember Freytag questioned if there was an access problem with the project?
Councilmember Garrett stated that the access from Welsh Hills Road and Donald Ross
Drive had been a concern because Donald Ross is a private Drive. She stated that she hadn't
seen the most recent plans but she had made several comments at the Planning Commission
meeting concerning the access.
Councilmember Bennett stated that the developer would likely be going forward on the
project but some 'fine tuning"needed to be done first. He stated that the access and minor questions on style needed to be addressed.
Manager Plunkett stated that he had looked for an ordinance regarding the private prohibition on drives connecting two public streets but had not found anything on record. He stated that he had thought an ordinance had been adopted but must have been mistaken.
After a brief discussion,Council asked Manager Plunkett to draft an Ordinance for the
next council meeting prohibiting private drives from connecting to public streets.
Councilmember Shulman reported on the most recent Tree & Landscape Commission meeting.Mr. Shulman had been unable to attend the meeting however;according to the minutes ofthe meeting,the commission had received an estimate for the brick work at Opera House Park in the amount of $1,660. The minutes stated that Commissioners would talk to the Village Manager concerning the repairs.
Pape Manager Plunkett stated that he had an appointment to meet with Jim Siegel and Kirsten next week.
OLD BUSINESS
Vice Mayor Marshall asked ifthe easing that had to be replaced was from Public Water Supply Well # 3 ?
7 feet away from the current well # 3. He stated that last week in all the rain,the drilling
Manager Plunkett stated yes,and said that the well would be redrilled approximately
equipment had been submerged in flood waters,interrupting the work.
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Village of Granville
Council Meeting Minutes
August 16, 1995
Page 3
NEW BUSINESS
Councilmember Freytag moved to remove Ordinance No. 20-95 from the table. Seconded
by Councilmember Bennett.
Because Ordinance No. 20-95 had been amended drastically,Council decided to hold
another public hearing on the ordinance.
Ordinance No. 209- 5.A "n Ordinance To Repeal Existing Section 373. 11 Of The
Granville Codified Ordinances And Adopt A New Section 373.11"w,as introduced and its title
read by Councilmember Garrett.
Mayor Eisenberg set the public hearing on Ordinance No. 20-95 for September 6,1995,
at 7:30 p.m.
Ordinance No. 229- 5.A "n Ordinance To Amend Ordinance No. 449-4 Providing For
Adjustments Of The Annual Budget For The Fiscal Year 1995 And Revising Sums For
Operating Expensesw,"as introduced and its title read by Councilmember Shulman.
Mayor Eisenberg set the public hearing on Ordinance No. 22-95 for September 6, 1995, at 7:30 p.m.
Ordinance No. 23-95.A "n Emergency Ordinance Enacted By the Village OfGranville,
Licking County,Ohio,In The Matter Of The Hereinafter Described Improvement,And To
Request Cooperation By The Director OfTransportationw,"as introduced and its title read by Vice Mayor Marshall.
Mayor Eisenberg set the public hearing on Ordinance No. 23-95 for September 6, 1995, at 7:30 p.m.
Ordinance No. 249- 5,A "n Ordinance To Accept The Facilities Installed In The Ridge Segment,South Galway Drive,And Phase I Of The Village Green At Erinwood By The Murphy Group,Inc.w,a"s introduced,and its title read by Councilmember Garrett.
Mayor Eisenberg set the public hearing on Ordinance No. 24-95 for September 6, 1995, at 7:30 p.m.
Ordinance No. 25-95.An Ordinance To Repeal Existing Chapter 905 Of The Granville Codified Ordinances And Adopt A New Chapter 905 Addressing The Replacement And Repair Sidewalksw,a"s introduced and its title read by Councilmember Bennett. Mayor Eisenberg set the public hearing on Ordinance No. 25-95 for September 6,1995, at 7:30 p.m.
Resolution No. 954- 0,A "Resolution To Authorize The Village Manager To Submit A Grant Application For 1996 Capital Improvements Projects To District 17,Ohio Public Works Improvements Commission,For Funding On Granville's Behalfw,"as introduced,read in full,
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Council Meeting Minutes
August 16, 1995
Page 4
and moved for adoption by Vice Mayor Marshall. Seconded by Councilmember Garrett. Motion
carried. Resolution No. 95-40 was adopted.
Councilmember Freytag stated that he was concerned with the August 14 letter to John
Thaxton of SuperAmerica. He stated that the letter seems to contradict an earlier letter. He stated
that the base line for the recouping of fees is now down to $89,000.
Manager Plunkett stated that his impression was that the $248,000 had been the base line
initially. The $89,000 is the base for a proposal that won't cost the Village anything. He stated
that he had told Mr. Thaxton that he needed to talk to the Council ahead." first before the idea was a g"o
Councilmember Freytag stated that the letter is inconsistent because previously the
amount in question in July was $15,000,now it's $175,000. He stated that in the past,the
developer has been required to pay for oversizing for future use. Mr. Freytag stated that
assuming Council agrees to allow developers to recoup,the numbers have changed and he doesn't agree with the change.
Manager Plunkett stated that the reason the 8$9,000 had been acceptable in his mind was because of the assessment of improved property requiring an extra fee to develop that wouldn't affect capacity fees. He stated that a property within the drainage area would be surcharged and the proceeds paid into a fund to be held by the Village,which would then pay out yearly from the
amounts collected to the sewer builders. He stated that it would be a special fee above the capacity fee.
Councilmember Freytag stated that this was the first time he had heard of that proposal and it was not favored in his opinion.
Councilmember Shulman stated that if the Village were to do that,the existing property
foowrners shouldn't have an extra assessment because the Council has been promising them sewers a long time.
Manager Plunkett stated that he had been trying to satisfy all the perspectives. If the special assessment was levied,most properties would be commercial,since the area is zoned PUD. He stated that extra assessments paid by developers would not be an undue burden. Councilmember Freytag stated that that would be a reason to annex to Newark and would be a bad precedent because everyone would be asking for it.
Mayor Eisenberg stated that SuperAmerica and Bob Evans Farms did not just want to recoup the oversizing,but also recoup the cost of bringing the sewer across the expressway. He stated that by the Village paying for the oversizing,to satisfr the concern of precedence,there is a quidp- roq-uo situation,and in the future ifthis kind of situation arises again,the Village may BwoabntEtovacnosntshiadet r it. Mayor Eisenberg stated that Manager Plunkett should inform SuperAmerica/ the Councils "hot the idea down".
Councilmember Bennett questioned when Marathon would be appealing the Board of Zoning and Building Appeals decision?
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Council Meeting Minutes
August 16, 1995
Page 5
Manager Plunkett stated that the hearing would be scheduled for the September 20
Council meeting.
Councilmember Bennett stated that he had been involved in a case concerning the closing
of loops on the water line in another village. In that case,the village was able to go to the County
Commissioners and the Township and put the water line in the right-of-way.
Manager Plunkett stated that in Granville's situation,many areas were out of the public
right ofway. He stated that the staff was trying to figure how to best approach the situation,but
he would be glad to approach the Township.
ADJOURNMENT
Councilmember Bennett moved to adjourn the meeting at 8:42 p.m. Seconded by
Councilmember Garrett. Motion carried.

Council Minutes August 2, 1995

V[LIAGE OFGRANVILLE
COUNCIL MET[ NG MINUnES
AUGUST 2,1995
CALL TO ORDER
Vice Mayor Marshall convened the meeting at 7:33 p.m.
ROLL CALL
Those responding to the roll call were:
Councilmember Garrett
Councilmember Shulman
Councilmember Bennett
Councilmember Freytag
Vice Mayor Marshall
Law Director Hurst
Manager Plunkett
Councilmember Garrett moved to excuse absentee Councilmember Montgomery and
Mayor Eisenberg. Seconded by Councilmember Bennett.
PUBLIC HEARINGS
A public hearing was held on Ordinance No. 209- 5.A "n Ordinance To Amend
Section 373. 11 Of The Granville Codified Ordinances Prohibiting Persons From Riding
Skates,In-Line Skates And Other Toy Vehicles On Public Sidewalks In A Business District."
Ned Roberts of 348 East Maple Street stated that he was not against Ordinance No.
20-95 but he would like to see something positive in the village where children can play roller blade hockey. He stated that currently,the hockey players use the high school or the church
parking lot to play hockey. He stated that he thought that the old ice skating rink in Wildwood
would be ideal for roller blading. He stated that he hoped that Council would consider converting the old ice skating rink for roller bladers.
Councilmember Freytag stated that the issue had been discussed at the Recreation
Commission meeting and in his opinion,the idea was received favorably. He stated that there had been concern voiced with the potential liability problems.
Mr. Roberts stated that he had been at the Recreation Commission meeting and street access to the rink had also been discussed. He stated that ifCouncil permits the road to be built to add more parking,that road could lead to the ice rink as well.
Vice Mayor Marshall stated that approval for the road could not be given until the exact location for public water supply well # 4 is decided.
Police Chief Steve Cartnal stated that Ordinance No. 209-5 had been created because ofthe complaints from merchants ofpersons destroying property. He stated that the police department won't be running out and citing everyone who is roller blading on the sidewalks.
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Village of Granville
Council Meeting Minutes
August 2, 1995
Page 2
He stated that the police need the authority to control those who get out of line while roller
blading and that bicycles aren't allowed on the sidewalks either but the police aren't issuing
citations. Chief Cartnal stated too,that if the police ask someone to leave the downtown for
roller blading and that person refuses,the police can't do anything about it. He stated that the
ordinance is not intended to cite everyone on roller blades.
Councilmember Garrett noted that an emergency vehicle could get to the ice rink if
needed without the road being built.
The public hearing closed at 7:43 p.m.
A public hearing was held on Ordinance No. 21-95A.n"Ordinance To Amend
Chapters 1105, 1109,1113, 1117,And 1121 Of The Codified Ordinances Of The Village Of
Granville Establishing Subdivision Regulations."
No one was present to speak for or against Ordinance No. 21-95,the public hearing
closed at 7:43 p.m.
REVIEW AND APPROVAL OF MINUTES
The minutes of the regularly scheduled meeting ofJuly 19,1995 were presented for
review. Councilmember Freytag moved to approve the minutes as presented. Seconded by Councilmember Garrett. Motion carried.
CITIZENS COMMENTS
Those signing the register were:
Doug Tailford
Steve Cartnal
Matt McGowan
Mark Zarbaugh
Ned Roberts
Chris Kemah
No questions,comments,or concerns were voiced at this time.
COMMITTEE REPORTS
Steve & Carol Tunnicliffe
Tim Hughes
Councilmember Freytag reported on the Recreation Commission meeting ofAugust 1, 1995. At that meeting,the old ice rink being converted to a roller blading area was discussed. The commission has two vacancies which they are actively trying to fill. The commission didn't seem to have an interest in the Village's 17 acre plat east ofthe Sewage Treatment Plant for potential recreation areas. He stated that the commission felt that the area was out of the way and there may be an access problem. There wasn't an official vote on the issue. The commission voted to change their constitution to have a fourth appointed member. Currently the commission appoints a Councilmember,a trustee,and a school board member. There will
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Village of Granville
Council Meeting Minutes
August 2, 1995
Page 3
now be a school employee appointed in order to have someone at the school involved with
facilities.
OLD BUSINESS
Ordinance No. 209- 5,A "n Ordinance To Amend Section 373. 11 Of The Granville
Codified Ordinances Prohibiting Persons From Riding Skates,In-Line Skates And Other Toy
Vehicles On Public Sidewalks In A Business Districtw,"as reintroduced,title read,and
moved for adoption by Councilmember Garrett. Seconded by Councilmember Bennett.
Councilmember Bennett stated that he had initially been opposed to the ordinance but
his view had changed after reading the Police Chief' s memo and hearing his comments
tonight. He stated that he had talked to several elderly citizens who were concerned as much
with roller bladers as with joggers. He stated that he has a concern that ifthe youngsters
couldn't use the sidewalks,they may use the streets and that could be dangerous.
Councilmember Freytag stated that he remains opposed to the ordinance for reasons
stated at the last Council meeting. He stated that in his opinion,the present law is sufficient to
address the problem of destruction of property. He stated that he felt the current law
prohibiting bicycles and skateboards probably would not hold up in a court of law. He stated
that he could not support passing a law that is not valid and to do so would encourage disrespect for the law. He stated that if the ordinance was changed to deal with the real
problem he would be able to support it.
Councilmember Garrett stated that she saw potential problems with elderly people
being knocked down by roller bladers or bicycles. She stated that she didn't like to see kids
restricted on these things and perhaps the ordinance could be written another way;perhaps stating irresponsible roller blading is prohibited.
Vice Mayor Marshall stated that it was conduct that Council is concerned with. He
stated that he didn't think it was necessary to limit the entire activity,but the village should be able to control it roller blading.
Councilmember Bennett noted that if roller blading was the worst thing Granville had to worry about with teenagers,its a blessed village.
Councilmember Garrett moved to table Ordinance No. 20-95 in order for the law
director amend it. Seconded by Councilmember Freytag. Motion carried. Ordinance No. 20- 95 was tabled.
Ordinance No. 21-95.A "n Ordinance To Amend Chapters 1105, 1109,1113, 1117, And 1121 OfThe Codified Ordinances OfThe Village OfGranville Establishing Subdivision Regulationsw,a"s reintroduced,title read,and moved for adoption by Councilmember Shulman. Seconded by Councilmember Freytag.
Council Shulman expressed concern with the righto- fw-ay widths being too narrow. Village Planner Doug Tailford explained that the minimum right-of-way is 60 foot. He
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Village of Granville
Council Meeting Minutes
August 2, 1995
Page 4
stated that the Village can require more than 60 foot if they feel it necessary. He stated that the
village may never need to use the entire 60 foot but it will be there in case it's needed.
Councilmember Shulman asked for a brief summary of the items that had been
changed in the regulations.
Mr. Tailford stated that access management had been added to give the village
authority to determine where roads and intersections would be placed. He stated that reverse
frontage had been added to allow more open space in some areas,and a new chapter on
environmental land use to protect wooded areas has been added. One of the biggest changes
will require a more detailed preliminary plat. Street lights and street name signs were
standardized. He stated that the chapter brings the regulations up to date.
Councilmember Shulman questioned the cul-de-sac length.
Doug Tailford stated that the maximum cul-de-sac length would be 1500 foot.
Councilmember Garrett expressed concern with private roads becoming public. She
asked if anything should be added to prohibit private streets from becoming public without
being up to village standards?
Manager Plunkett stated that there was an ordinance stating that a private road could
not connect two public streets. He stated that he believed it was adopted two years Councilmember ago. Bennett stated that in Section 1109.11, the first sentence should be
changed to read T"he Planning Commission may,on its own motion or upon the petition by
any resident ofthe municipality or neighboring property ownersi.n.s.te.a.d" of citizens
because council is responsible to the tax paying residents and if one is not a resident ofthe
village,council shouldn't be footing the bill to hold public hearings. Mr. Bennett expressed
concern with the zoning fees and asked how they compared with other municipalities the size of Granville.
Mr. Tailford stated that Granville's fees were more expensive than any in Licking
County. He stated that he did not compare the fees with similar sized communities. He stated that he was concerned with recouping some of the costs for reviews,copies,and postage. He stated that the fees don't come close to paying the entire amount. He stated that the fees are
cheaper than Dublin's,but more expensive than any in Licking County. He stated that staff members of Heath and other areas would like to adopt an increased fee structure.
Mr. Bennett stated that section 1115.01 speaks off"eatures which may reasonably be harmful or detrimental to the safety,health and welfare of present or future residents ofthe subject or surrounding areasH..e."stated that he had heard that language used before and it is sometimes a two way sword. He stated that he felt the language was subjective and meant different things to different people.
Law Director Hurst suggested changing the language to fe"atures which may reasonably be considered environmentally harmful or detrimental to health,safety and welfare of present or future residents".
After a discussion,Councilmember Garrett moved to adopt the ordinance as amended. Seconded by Councilmember Freytag.
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Village of Granville
Council Meeting Minutes
August 2, 1995
Page 5
Roll call vote: Garrett yes,Shulman yes,Montgomery absent,Bennett yes,Freytag
yes,Marshall yes,Mayor Eisenberg absent. Five yes votes,two members absent. Ordinance
No. 21-95 was adopted.
Law Director Hurst stated that Mr. Tailford and the Planning Commission should be
commended for the effort and thought in the updating process. He stated that he thought they
did an extremely good job.
NEW BUSINESS
Councilmember Shulman asked how much the signs in the crosswalk had been
lowered?
Service Director Mark Zarbaugh stated that the signs were suppose to be seven feet to
the grade of the ground. He stated that the installers measured from the concrete basin that the
sign is put on,and not from the ground.
Mr. Bennett asked if there had been any indication when or if Marathon would appeal
the BZBA's decision?
Manager Plunkett stated that the BZBA had not yet issued its fact-of-finding.
Councilmember Freytag stated that he did not know how to comment on the letter
from SEM Partners concerning the old middle school.
Manager Plunkett stated that the question indirectly is d'*oes the community have an objection to use of a school in a residential zone?Af"ter a discussion,Manager Plunkett
stated that he would write a letter and tell them that any of the permitted used according to the
zoning code would be acceptable,and suggest that they have a work session with the
Planning Commission.
Service Director Mark Zarbaugh stated that he had looked throughout the village for
sidewalks that could be built this year. He stated that the sidewalk along New Burg Street is in bad shape and could be widened and fixed up with Phase I ofthe project currently out to bid.
He stated that that project could be completed without the formal bidding process. He stated that he thought perhaps some of the sidewalk corners in the downtown could be improved to allow handicap accessible curb cuts. He stated that two or three could be completed without formal bidding.
Councilmember Shulman stated that at one time Council had discussed having a different treatment in crosswalks. He stated that Council may want to have those crosswalks designed so that when the State is ready to pave SR 661 the Village would be ready. expensiMvea.rk Zarbaugh stated that brick sidewalks would be the way to go but would be very
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Council Meeting Minutes
August 2, 1995
Page 6
Manager Plunkett stated that he was reluctant to do the design for the bricking until it
was known when the state would be coming through to pave. He stated that the village will
have too many designs and nothing being built.
Councilmember Freytag expressed concern that the money in the sidewalk fund be
used for new sidewalks for residents who currently have none. He stated that in his opinion,if
the Village couldn't build sidewalks this year,the money should be saved until next year
when new sidewalks were able to be built instead of looking for projects that are not needed.
Manager Plunkett stated that additional monies could be appropriated to the sidewalk
fund for the handicap accessible curb cuts if council desired.
After a discussion,Service Director Mark Zarbaugh was directed to find out how
much it would cost to make the downtown curbs handicap accessible. It was agreed that when
the bids came in,council would be asked if a change order would be acceptable to add the
other section of sidewalk.
ADJOURNMENT
Councilmember Garrett moved to adjourn the meeting at 9:17 p.m. Seconded by
Councilmember Bennett. Motion carried.

Council Minutes July 19, 1995

VILLAGE OF GRANVILLE
COUNCIL MEEING MINIK[ ES
JULY 19,1995
CALL TO ORDER
Mayor Eisenberg convened the meeting at 7:35 p.m.
ROLL CALL
Those responding to the roll call were:
Councilmember Garrett
Councilmember Shulman
Councilmember Montgomery
Councilmember Bennett
Councilmember Freytag
Mayor Eisenberg
Law Director Hurst
Manager Plunkett
Councilmember Freytag moved to excuse absentee Vice Mayor Marshall. Seconded by
Councilmember Garrett. Motion carried.
REVIEW AND APPROVAL OF MINUTES
The minutes of the regularly scheduled meeting ofJuly 5, 1995 were presented for
review. Councilmember Garrett moved to approve the minutes as corrected. Seconded by
Councilmember Freytag. Motion carried.
CITIZENS COMMENTS
Those signing the register were:
Frank Brauner Jonathan Bridge Charles Lust Bob Lavendar John Noecker
Charles Lust of 120 Westgate Drive,stated that he had talked to several property
owners regarding the Westgate Drive sewer project and quite a few people felt they would be
happy with picking up 35%of the cost ofthe project. He stated that he understood the Village
was now considering a 40/ 60 percent cost split,and felt that anything over35%would be burden to the a property owners. He stated that when the property owners were first asked about
getting easements,there had been talk about working something out for a discounted tap fee.
He stated that the businesses on Westgate Drive are small businesses that must work from day
to day to earn their living and they really couldn't afford paying more than 35%ofthe cost for sewers.
MAYOR'S REPORT
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The Mayor's Report for the month of June 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
The Manager's Report for the month of June was presented for review.
Councilmember Freytag again questioned what a $5,000 disbursement from the Parklands
Reserve Fund had been used for.
Manager Plunkett stated that he didn't know and that he would check into the matter.
Councilmember Garrett moved to approve the report. Seconded by Councilmember
Freytag. Motion carried. A copy of that report is attached as part of these minutes.
COMMITTEE REPORTS
Councilmember Garrett reported on the Planning Commission meeting of July 17,
1995. At that meeting,four architectural review applications were approved,and a
worksession had been held with Mary Lee Van Meter for an office at the corner of Elm and
Main street. A worksession had also been held concerning the Highland Green PUD
condominiums.
Councilmember Shulman reported on the Tree & Landscape Commission meeting.
The commission is seeking an estimate for brick work around Bolen Park at the old village
hall. The commission may not have enough money to complete that project this year,
depending on how high the proposals come in. Mr. Shulman recommended that Council
cover the difference of that project if its determined that there is not enough money in order to
complete the project this year. Mr. Shulman stated that a concrete picnic table must be moved
in order to compete the repairs. He stated that the commission felt that the Recreation
Commission might be able to use the table. The commission planted 55 new trees in the
village last month. The trees were purchased with the grant monies that were to go towards
the South Main Street Improvements project,delayed because the State hasn't begun their SR
661 improvements. The commission is awaiting an urban forest management grant Two memorial benches and five response. memorial trees have been donated to the Village.
Councilmember Garrett expressed concern that the public park at the old village hall is
being used by Sensibilities Inc.,for commercial purposes. She stated that if Sensibilities Inc.,
is allowed to set out tables and chairs,the park is being used commercially.
Councilmember Montgomery expressed concern with Sensibilities Inc.,bright pink and black neono "pens"igns. She stated that in her opinion,the signs were totally out of taste with what they had done with the building. She asked ifthe signs were temporary?
the issuMe.anager Plunkett stated that he would have Zoning Inspector Doug Tailford look into
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OLD BUSINESS
Councilmember Shulman stated that the warning signs in the downtown crosswalk
were in his opinion,out of scale with a pedestrian who should be reading them. He stated that
the signs are 8 to 10 foot high and way above someone's head. He stated that the signs intend
to be informative but should be lower to be in scale with pedestrians'vision.
Manager Plunkett stated that he would direct the service director ensure the signs are
in conformance with the requirements of ODOT.
NEW BUSINESS
Resolution No. 95-39.A "Resolution OfNecessity Relative To The Improvement Of
Certain Properties Located Within The Village Of Granville,Ohio By Constructing Sewer
Main Extensions Together With The Necessary Appurtenances Theretow",as introduced,
read in full,and moved for adoption by Councilmember Garrett. Seconded by
Councilmember Bennett.
Manager Plunkett stated that he felt that the combination assessment with the Village
paying60%and the property owners paying40%was the most fair assessment he could come
up with.
Councilmember Freytag expressed concern with Section III of the resolution requiring
the village to pay60%of the project plus intersections.
Manager Plunkett answered that their were no intersections involved in the project.
Mr. Freytag stated that he wanted it to be clear that the Village was paying only 60% of the entire cost.
Councilmember Shulman asked what impact the assessments would be on the property owners'taxes.
Charlie Lust,of 120 Westgate Drive stated that his tax value is $23,600 and his tax presently is around $1,300.
Councilmember Freytag stated that he was still not happy with the language in Section III of the Resolution.
Section III was amended to read "The entire cost of this improvement less 60%of the
total cost of the improvement shall be assessed based upon the proportion ofthe benefits
which may result from the improvement of the properties set forth in Exhibit A and in the amounts contained in Exhibit A,combination assessment."
Roll call vote: Garrett yes,Shulman yes,Montgomery yes,Bennett yea,Freytag yes, Marshall absent,Mayor Eisenberg yes. Six yes votes,one member absent,Resolution NO. 95- 39 was duly adopted.
Resolution No. 95-35,A "Resolution To Award The Bid For The Construction OfThe Sanitary Sewers Identified As"Contract E"In The East Side Sanitary Sewer Improvements
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Specifications To Layton Excavating And To Authorize The Village Manager To Enter Into
An Agreement ThereforeC."ouncilmember Bennett moved to remove Resolution No. 95-35
from the table. Seconded by Councilmember Garrett. Motion carried.
Roll call vote: Freytag yes,Bennett yes,Montgomery yes,Shulman yes,Garrett yes,
Marshall absent,Mayor Eisenberg yes. Six yes votes,one member absent,Resolution No. 95-
35 was adopted.
Ordinance No. 209- 5,A "n Ordinance To Amend Section 373. 11 Of The Granville
Codified Ordinances Prohibiting Persons From Riding Sates,In-Line Skates And Other Toy
Vehicles On Public Sidewalks In A Business Districtw",as introduced and its title read by
Councilmember Montgomery.
Mayor Eisenberg set the public hearing on Ordinance No. 20-95 for August 2,1995,at
7:30 p.m.
Ordinance No. 21-95,A "n Ordinance To Amend Chapters 1105,1109,1113, 1117,
And 1121 Of The Codified Ordinances Of The Village Of Granville Establishing Subdivision
Regulationsw,"as introduced,and its title read by Councilmember Shulman.
Mayor Eisenberg set the public hearing on Ordinance No. 21-95 for August 2,
1995,at 7:30 p.m.
Manager Plunkett stated that he had received a call from Bob Woerner who stated that
the Lutheran Church parking lot has lately been used as a roller blader hockey rink. Mr.
Plunkett stated that he reminded Mr.Woerner that the Church was private property,and it's the church's responsibility to post the proper signage in order to keep that from happening.
Councilmember Montgomery asked ifthe Village had a similar ordinance addressing the issue?
Manager Plunkett stated that there currently is an ordinance for skateboards and
bicycles. He stated that most of the time it is not a problem. He stated that bicycles had not
been a problem in the downtown lately but,there had been a time when they were. He stated
that if children were misbehaving in the downtown,the police officer would usually contact
parents and the parents generally act responsibly in correcting the situation.
Councilmember Freytag stated that he thought the old ordinance should be repealed
because,in his opinion,it doesn't belong there. He stated that the Village had ordinances against disorderly conduct.
Manager Plunkett stated that he would have the police chief at the next meeting to discuss the issue.
Councilmember Montgomery stated that Taylor's Drug now had a sign that saidN" o roller blades inside storeS".he stated that she knew people who observed a group ofyoung
men who were continuing to skate through an intersection without stopping,scaring motorists. She stated that another individual had to wait for children on roller blades to move out ofthe roadway and when the motorists had politely told the children they could get hurt,
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the children immediately responded with terrible language. She stated that the problem
appears in areas other than just the business district.
Mayor Eisenberg stated that he felt that the ordinance would help about as much as the
pooper scooper ordinance. He stated that those ordinances are very difficult to enforce.
Councilmember Bennett stated that he hadn't noticed wolf packs terrorizing the
neighborhoods. He stated that probably some kids had"mouthed off'to the police and the
police were apparently looking for something to use as a leverage.
Councilmember Freytag stated that he would like to see some of the items addressed in
the letter from Mr. Reese regarding the bikepath.
Councilmember Garrett stated that the sign at the entrance to Wildwood Park
acknowledges the Evans Foundation.
Manager Plunkett stated that the County Commissioners had met with the Evans
Foundation but their immediate concern was the Granville /Alexandria portion of the
bikepath. He stated that according to the Advocate,they reached a 50/ 50 cost split agreement
to repair that section of the trail and as part of that agreement. The county agreed to make an
annual appropriation for maintenance of the bikepath. He stated that the Evans Foundation
had gone to alot of trouble and expense to build the bikepath and the county has voted down
parks levies consistently. He stated that the Evans Foundation is asking some things that are
difficult because of easements that exist for the Village of Granville and the Granville Milling
Company.
After a brief discussion,Council agreed to write a letter to Mr. Reese asking,without
committing to anything,what his concerns were,and how he felt they should be addressed.
Council agreed that the Evans Foundation should meet first with a Council committee if and see the differences could be worked out.
ADJOURNMENT
Councilmember Bennett moved to adjoum the meeting at 9:00 p.m. Seconded by Councilmember Freytag. Motion carried.

Council Minutes July 5, 1995

V[LLAGE OF GRANV[ LUE
COUNCIL MEET[ NG MINUTES
JULY 5,1995
CALL TO ORDER
Vice Mayor Marshall convened the meeting at 7:35 p.m.
ROLL CALL
Those responding to the roll call were:
Councilmember Garrett
Councilmember Shulman
Councilmember Montgomery
Councilmember Bennett
Councilmember Freytag
Vice Mayor Marshall
Manager Plunkett
Councilmember Garrett moved to excuse absentee Mayor Eisenberg and Law Director
Hurst. Seconded by Councilmember Freytag. Motion carried.
PUBLIC HEARINGS
A public hearing was held on Ordinance No. 189- 5,A "n Ordinance To Rezone
Properties From An Improper Zoning Classification To The Proper Zoning Classification."
Bob Westbrook of Welsh Hills Road expressed that he and several ofhis neighbors
were concerned that their property taxes may rise because of the zoning change.
Manager Plunkett explained that tax levies are based on use and not on zoning classification and that the taxes would remain the same.
The public hearing on Ordinance No. 18-95 closed at 7:38 p.m.
A public hearing was held on Ordinance No. 199- 5,A "n Ordinance To Amend Ordinance No. 449-4 Providing For Adjustments Of The Annual Budget For The Fiscal Year 1995 And Revising Sums For Operating Expenses."
No one appeared to speak for or against Ordinance No. 199-5. The public hearing closed at 7:39 p.m.
REVIEW AND APPROVAL OF MINUTES
The minutes ofthe regularly scheduled meeting ofJune 21, 1995 were presented for review. Councilmember Freytag moved to approve the minutes as presented. Motion seconded by Councilmember Garrett. Motion carried.
CITIZENS COMMENTS
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Those signing the register were:
Tim Stypula
Michael Willis
Jim Gordon
Jeanetta Pyle
E.H. Frolking
David Marshall
Sidney Millard
Mark Dunn
Rodger Hull
Charles Lust
Robert Mathias
Jonathon Bridge
Mark Webster
Robert Shannon
Brandon Marshall
Jim Roberts
Charles West
Jim VanOstran
Bob Lavendar
Norma Krureger
Gary Stansbury
Scott Ryan
Tom Stypula
John Thaxton
Mark Swieterman
Gerard Layton
Jim Peddicord
Connie Westbrook
Deborah McPeek
Adelyn Marshall
Bill Orndorff
Larry Willis
Les Hicks
Jeanetta Pyle,president of the Granville Recreation Commission,stated that she had sent
Council a letter requesting the Recreation Commission's permission to build a road between the
playground to access the parking on the south side ofthe bike path.
Manager Plunkett stated that he had received a notice from USEPA concerning the
Granville Solvent project and there is now talk of installing a fourth public water supply well in the
area. He stated that the area needed to be examined more closely and an exact location for the well
should be determined before Council acts on the proposal. He stated that he would know more after
a July 10 meeting with EPA.
After a brief discussion,Council concluded that they well # will have more information concerning 4 by the next meeting.
COMMITTEE REPORTS
Councilmember Freytag reported on the Union Cemetery Board Meeting ofJune 26,1995. The volunteer group and the preservationists from Massachusetts have reconstructed six headstones that had been shattered. The gate facing Main Street has been repaired and the landscaping plan has been halffunded by the Granville Foundation's grant. The Board is discussing the possibility ofthe preservationists returning to the cemetery in August.
OLD BUSINESS
Ordinance No. 189- 5.A "n Ordinance To Rezone Properties From An Improper Zoning Classification To The Proper Zoning Classificationw,a"s reintroduced,title read,and moved for adoption by Councilmember Shulman. Seconded by Councilmember Garrett. Village Planner Doug Tailford explained that when the zoning map had originally been drawn,several errors were made and according to the Law Director,an Ordinance is the appropriate way to correct the mistakes. He stated that the change won't effect the property's use.
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Roll call vote: Garrett yes,Shulman yes,Montgomery yes,Bennett yes,Freytag yes,
Marshall yes,Mayor Eisenberg absent. Six yes votes,one member absent. Ordinance No. 18-
95 was adopted.
Ordinance No. 199- 5,A "n Ordinance To Amend Ordinance No. 449-4 Providing For
Adjustments Of The Annual Budget For The Fiscal Year 1995 And Revising Sums For
Operating Expensesw,"as reintroduced,title read,and moved for adoption by Councilmember
Garrett. Motion seconded by Councilmember Bennett.
Roll call vote: Freytag yes, Bennett yes,Montgomery yes,Shulman yes,Garrett yes, Marshall yes,Mayor Eisenberg absent. Six yes votes,one member absent. Ordinance no. 19-95
was adopted.
Street Lights
Manager Plunkett stated that he had received a proposal from Frank Murphy,developer
of Erinwood,to install street lights in the G"len at ErinwoodM".r.Murphy is willing to pay half the cost of the project if Council will pay the other half of the cost. The light fixture will
be the style chosen by Doug Tailford. Manager Plunkett noted that Mr. Murphy is not required
to install street lights under existing subdivision regulations.
Doug Tailford added that the Granville Business and Professional Association is still
planning on using the E"splanadal"ight fixture for the downtown.He stated that they may use the G" ranvillef"ixture as a complementary fixture for areas such as Wildwood Park. He stated that the GBPA hasn't met with the Planning Commission yet.
Councilmember Shulman asked what other subdivisions could come in and ask for the
same cost sharing deal?
Mr.Tailford stated thatWildwood,Fern Hill,and Hilengreen did not yet have street lights.
Vice Mayor Marshall directed the Manager to get the cost factors in order and present it to Council in order to see how much money was involved with the project.
Councilmember Bennett suggested that the Village may want to look into investigating a public improvements policy which would allow up to 70%abatement on taxes. Manager Plunkett stated that the Village had never engaged in tax abatements. He stated that the Village has offered in the past if one makes improvements to meet village standards, the village may split the cost with the developer.
Westgate Drive Sanitary Sewer
Jim Gordon,representing Welsh Hills School,stated that it appears many people on Westgate Drive have the perception that the WHS is hostile in this instance and that they are the driving force behind sewering the area.He stated that in 1992,the school acquired land from the Murphys and the Munson House was given to the school as a gift. After acquiring the land,the school approached the village and discussed the idea ofconnecting to the Erinwood
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sewer. At that time,the village stated that that wasn't possible,so the school approached EPA
and requested permission to install an on site disposal system,a package treatment plant. That
request had not been acceptable to EPA. In November,second application was submitted to
EPA,for a mound type subsurface system. EPA responded that they would not entertain the
request unless Granville Village couldn't provide the school with sanitary sewer. In February
1994,the school discussed with its engineers and the village's engineer,the possibility of
connecting to the force main at Erinwood. In the meantime,a plan for sewer for the entire
eastern segment of Granville was developing. The school again applied to the EPA,this time
proposing a straight- line system which was approved and is now on hold with the EPA. If
Granville indicates that sewers are not available for WHS,EPA will grant the request. He
stated that municipal sewer would be the best solution in the long run,but the school has a
limited budget and is not in a position to fund such an expensive project. He stated that the
Village manager had prepared several figures in regards to assessments;one being combination of four a different assessments with the Village funding 65%and the property
owners funding 35%of the cost,and the school felt that that proposal fit into their budget. He stated that the school would support that method of funding.
Councilmember Bennett asked what the Village policy had been as far as assessments were concerned?
Manager Plunkett stated that every assessment was different and the village had always picked up a greater portion of the cost than is required by law. He stated that a number of
different approaches had been taken to come up with a fair assessment for all the properties
involved. He stated that he had calculated a combintion assessment based on front footage,tax assessment,percent benefit,and an equal share assessment. He stated that the Village would
get some ofthe funding back when the property owners paid a capacity fee because that money is deposited into Sewer Replacement Improvement funds to improve the entire system. Councilmember Freytag stated that the capacity fees are used to buy into the existing system so any used to pay would be waiving the capacity fees.
Jerry Turner,Vice President ofBird B&ull,stated that ContractI "E"of the Westgate Drive Sanitary sewer,is part of a sewer that has been in planning for several years. He stated that the system is designed to accommodate an area known as 2c. The entire plan has been slightly amended several times,but if the system is not designed to accommodate the entire
area,it is not good engineering.He stated that if the sewer was strictly for Westgate Drive,an 8 inch pipe would be sufficient. He stated that the sewer needs to be designed for future conditions. He stated that his firm is of the belief that Granville needs an ordinance outline a cost sharing program that they would be willing to participate in with all developers. sewer.Pat Peddicord stated that none ofthe businesses on Westgate Drive really needed the
Manager Plunkett stated thatjust because one doesnt' need the sewer now doesnt' mean that they won't need it tomorrow. He stated that the sewer would make the properties more
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valuable and in his opinion,the property owners should take the opportunity to have the
sewers.
Charlie Lust of 120 Westgate Drive stated that in talking with Joe Hickman today,it
was discovered that approximately four out of 22 people on Westgate Drive want to see the
sewers installed. He stated that municipal sewer may make the properties more valuable but the
project is too expensive for him to afford. He stated that like everyone else,he had a budget
and an unnecessary,expensive project won't fit into it.He stated that many of the property
owners on Westgate Drive felt that way.
Mr.Peddicord thanked Manager Plunkett and Mr. Hickman for the time and efforts put
into the assessments. He stated that he could support an assessment if the property owners paid
35%of the cost at a combination assessment.
Jim Gordon stated that the Welsh Hills School was in agreement with Mr.Peddicord.
Tim Stypula stated that he did not want the sewer but if he had to have it,some of the
assessments are very large and he feels that the Village shouldc "arry the load."
Mr. Lust stated that he did not want to be paying more than his share for the sewer and
if the Village wasn't willing to pay a large portion,that is the way it would be.
Councilmember Montgomery asked if once the assessments were determined,would they change?
Manager Plunkett stated that the contract was a lump sum contract and the assessments,
once determined,would not change.
Councilmember Freytag stated that he is unclear as to the total cost of the project. He
stated that the contract was bided at $315,000 but what would the cost be to service the 22 properties on Westgate Drive?
Jerry Turner stated that the cost would be under 1$59,000.He stated that that cost would not be going to the depth to accommodate the rest of the area. He stated that the cost would be roughly 2$75,000 to increase the width of the pipe and have the sewer deeper to accommodate the area.
Mr. Webster stated that the Westgate Drive property owners shouldn't be burdened with expense to service the entire area.
Manager Plunkett stated that all ofthe properties would benefit by having the sewers. He stated that they would probably never get a better deal than the one in front of them now. Mr.Webster stated that the people on Westgate Drive would be paying for a sewer to accommodate everyone else and in his opinion,it wasn't fair.
Councilmember Bennett stated that he thought the majority ofthe property owners felt that the35%assessment is something they could live with.
Vice Mayor Marshall stated that in his opinion,now is the time and a 35%assessment for the property owners with a combination assessment is not unreasonable.
Mr. Peddicord stated that he did not think the property owners should miss this opportunity to build the sewers.
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Mike Willis of 195 Westgate Drive stated that the sewer line would be installed on his
property and he would be required to give the Village an easement.He stated that he didn't
understand the reasoning for that.
Manager Plunkett stated that the Village could put the sewer line down the middle of the
road however,Westgate Drive is a commercial area and the Village thought by not tearing up
the road,they wouldn't disrupt commercial traffic in the area.
Bob Lavender stated that he would like to have the sewers. He stated that if the property
owners do not agree to build them now,it is going to cost more in the future.
Councilmember Montgomery stated that according to the engineer,Council wouldn't be
doing a good job putting in a sewer line without accommodating for the entire area. She stated
that if Council does not accommodate for the area now,in five years they would have to do it
again. She stated that in her opinion,Council should think about our neighbors and their needs.
Scott Ryan of Leader Printing stated that in his opinion,the property owners paying
35%of the cost for sewer is fair and he would be willing to support that assessment.
SuperAmerica /Bob Evans Farms
SuperAmerica representative John Thaxton stated he had prepared a chart with costs for
installing sewers. He stated that SuperAmerica and Bob Evans' engineers along with the
Village's engineer,Jerry Turner had got together and reworked some of the dollars and amounts added an alternative;instead of using the 21 inch pipe,use the 10 inch. He stated that the
idea proposed in January was that SuperAmerica would build sewers and would be allowed to recapture a portion of that expense based on a formula that they had used in other
communities. He stated that originally,it was feasible to pick up the existing sewer behind
Wendys,come south to SR 16,and install a 3 or 4 inch force main under SR 16 with a lift station and grinder pump. Subsequent to that,Bob Evans acquired the property on the east side of Cherry Valley Road and the Village wanted to extend that sewer line to Bob Evans and make the system big enough to accommodate the other properties in the area.He stated that SuperAmericaB/ob Evans have developed a proposal to come under SR 16 and go to an 8 inch pipe under SR 16 with another lift station to service the area south of SR 16.He stated that it would cost approximately8 $9,000 to get to service the several houses in the area. He stated that they could pick up at the Westgate Drive manhole and take the sewer from there to SR 16 to the south end ofBob Evans'property. Those costs are estimated at 2$68,000,and ifyou subtract the 8$9,000 for the smaller area the number to recapture would be less. He stated that if in 10 years the area doesnt' develop,the village has a free system. He stated that he would like Council to consider that cost sharing proposal.
Jerry Turner stated that he had met with the engineers for Bob Evans and SuperAmerica and he agreed on the numbers. He stated that in his opinion,a cost sharing program that Granville would adopt should be implemented so that every developer knows from the beginning what the Village is willing to do.Mr.Turner explained where the sewer lines would be located and the costs involved in installing the sewers.
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He stated that the price for the 10 inch sewer system was $248,907 and the price for the 21
inch sewer system to service the entire 3a area was $264,262,a difference of about $12,000.
He stated that he has confirmed the numbers and everything checks out.
Vice Mayor Marshall stated that it would be silly to install sewers that wouldn't
accommodate the entire area.
Manager Plunkett stated that SuperAmerica is proposing that they collect capacity fees
up to the difference between whatever the costs are for a period of 10 years or until their share
is paid for.
Councilmember Freytag noted that Bryn Du Woods and Erinwood wasn't offered that
deal. He stated that he was worried about consistency.
Councilmember Bennett asked what the mechanism would be in which to vote on the
recapture of the funds?
Manager Plunkett answered that legislation would have to be drafted.
After a discussion,Manager Plunkett stated that he would contact other municipalities
and see how they have handled similar situations. He stated that he would get the dollar
amounts in order and have legislation ready for Council at their next meeting. He stated that in
the meantime,SuperAmerica and Bob Evans had to go back to the Planning Commission.
NEW BUSINESS
Resolution No.953- 4, A "Resolution To Adopt The 1996 County Tax Budget As
Proposed And To Direct The Village Manager To Submit It To The County Auditorw",as introduced,read in full,and moved for adoption by Councilmember Shulman. Seconded by Councilmember Garrett. Resolution No. 95-34 was adopted.
Resolution No. 953- 5,A "Resolution To Award The Bid For ContractE " "The
Westgate Drive Sanitary Sewer,To Layton Excavating Inc.A, nd To Authorized The Village Manager To Enter Into A Contract Thereforw,a"s introduced,read in full,and moved for adoption by Councilmember Bennett. Seconded by Councilmember Montgomery.
Manager Plunkett stated that he had contacted Mr. Layton and he agreed to hold the bid
open for an additional two weeks after which the assessment information should be on line. He stated that Council needed to decide ifthe municipality should take a larger share on the project.
Vice Mayor Marshall stated that the Resolution should be tabled until the next meeting when a resolution of necessity would be introduced and voted on. Councilmember Freytag moved to table Resolution No. 953-5. Seconded by Councilmember Montgomery. Motion carried.
Councilmember Bennett stated that he thought the majority ofthe Westgate Drive property owners were willing to participate in the sewer ifthe village picked up 65%ofthe cost and the property owners covered the remaining 35%.
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Vice Mayor Marshall agreed and stated that Council needed to decide on the method of
assessment and decide how much the village will participate in the project.
After a discussion,Council agreed that the combination assessment was the best
solution with the Village picking up 60%of the cost for the project and the property owners
being assessed for40%of the cost.
Resolution No.953- 6,A "Resolution OfAppreciation To Art Pritchardw,"as
introduced,read in full,and moved for adoption by Councilmember Garret. Seconded by
Councilmember Montgomery. Motion carried. Resolution No. 95-35 was adopted.
Resolution No. 953- 7,A "Resolution Authorizing The Village Manager To Enter Into
An Agreement With The U.S. Department Of Justice For The Purpose Of Accepting Funds
Through The Cops Fast Programw,"as introduced,read in full,and moved for adoption by
Councilmember Bennett. Seconded by Councilmember Freytag. Motion carried. Resolution
No. 95-37 was adopted.
Resolution No. 953- 8,A "Resolution To Authorize The Village Manager To Advertise
For Bids For The New Burg Street Storm Sewer And Sidewalk Projectw,"as introduced,read
in full,and moved for adoption by Councilmember Garrett. Seconded by Councilmember
Montgomery. Motion carried. Resolution No. 95-38 was duly adopted
Doug Tailford stated that the plans for the project did not include the trail in front of the
school. He stated that the plans could be amended to include the 378 foot of trail for an additional $ 5,500,making the total of the project $ 89,090. He stated that the majority of the cost is for storm sewer.
Manager Plunkett stated that the bid specifications for the project already exist and Council could advertise the project and see what the bids bring. He stated that after the bids
come in,Council could decide if they want to complete the project or not. He stated that additional monies could be appropriated from the general fund for the storm sewers. After a discussion,Council agreed to advertise bids for the project and see what prices
come in at. Resolution No. 95-38 was adopted.
sink hoCleou?ncilmember Montgomery asked what had happened on East College Street causing a
Manager Plunkett stated that an old storm sewer had collapsed a few years back and the Village ran a camera though the line and it looked fine.At that time,Council was instructed that although the line looked fine,it was built in the 1880's and could go anytime or last forever. He stated that the hole is on East College Street,directly in from of Sunrise Street.He stated that a car had fallen in the hole but drove right out with minimal damage. He stated that the Service Department is repairing the hole. 1
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Vice Mayor Marshall stated that he had received a copy of a letter from Mr. Schweizer
on Burtridge Road who wanted to tap into the water system. He asked what the status was on
his request.
Manager Plunkett stated that the Schweizer's were in the township and had not paid a
capacity fee. He stated that Council passed a resolution in 1985 stating its intent not to provide
services for anyone outside the corporate limits and the Schweizer'were notified that they
wouldn't be permitted to tap into the system.
Manager Plunkett reminded Council that in the year 2000,the contract to provide
Alexandria with water would expire. He stated that the Utilities Committee should meet to
discuss what needs to be done in 2000.
ADJOURNMENT
Councilmember Bennett moved to adjourn the meeting at 11: 24 p.m. Motion seconded by
Councilmember Freytag. Motion carried.

Council Minutes June 21, 1995

V[LLAGE OF GRANVILLE
COUNCIL MEEONG MINIYE[S
JUNE 21,1995
CALL TO ORDER
Mayor Eisenberg convened the meeting at 7:35 p.m.
ROLL CALL
Those responding to the roll call were:
Councilmember Garrett
Councilmember Shulman
Councilmember Montgomery
Councilmember Bennett
Councilmember Freytag
PUBLIC HEARINGS
Vice Mayor Marshall
Mayor Eisenberg
Law Director Hurst
Manager Plunkett
A public hearing was held on Ordinance No. 139- 5,A "n Ordinance To Amend
Section 505.11 Of The Codified Ordinances Of The Village Of Granville."
No one was present to speak for or against Ordinance No. 13-95. The public
hearing closed at 7:36 p.m.
A public hearing was held on Ordinance No. 169- 5,A "n Ordinance Amending The Granville Zoning Ordinance And Accompanying Map Thereto,By Amending The
Classification Of The Zoning District For A Certain 18.04 Acre Parcel Of Land
Described Herein And Located At 537 Jones Road From PCD,Planned Commercial Development To SRD-A,Suburban Residential District."
No one was present to speak for or against Ordinance No. 16-95. The public hearing closed at 7:37 p.m.
REVIEW AND APPROVAL OF MINUTES
The minutes of the regularly scheduled meeting ofJune 7,1995,were presented for review. Councilmember Bennett moved to approve the minutes as submitted. Seconded by Councilmember Freytag. Motion carried.
MAYOR'S REPORT
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Council Meeting Minutes
June 21, 1995
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The Mayor's report for the month of May 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
The Manager's Report for the month of May was presented for review.
Councilmember Montgomery moved to approve the report. Seconded by Councilmember
Garrett. Motion carried. A copy ofthat report is attached as part ofthese minutes.
CITIZENS COMMENTS
Those signing the register were:
Joe Williams,Advocate Brian Lindamood,Sentinel
Granville Township resident Gay Weinberg expressed her concern with the pedestrian
crosswalk on Broadway. She stated that she had addressed her concerns to the police chief
and attempted to contact several Councilmembers. On June 14,Ms. Weinberg had an encounter with a semi in the crosswalk that she felt was a"ll too close"S.he stated that she
had never seen police patrol at the crosswalk and was concerned for peoples'safety while
crossing Broadway. In her opinion,Broadway is no longer a simple country lane,it is a truck
route and people are constantly making U-turns. She stated that she can see nothing positive with the crosswalk.
Mayor Eisenberg thanked Ms. Weinberg for her comments and stated that the
Broadway crosswalk had been the subject of exhaustive conversation;Council had discussed the issue many times in the past.
COMMITTEE REPORTS
Councilmember Bennett reported on the Planning Commission meeting ofJune 19, 1995. At that meeting,three architectural review applications had been considered and approved for repairs on houses. A work session had been held with Jack and Judy Pyle of Cherry Valley Road who want to construct a storage shed on their property beside Raccoon Valley Barn. The Commission engaged in considerable discussion ofthe issue and made several suggestions. The Pyles agreed to addressed the areas of concern and bring the changes back to the Planning Commission.
OLD BUSINESS
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Ordinance No. 139- 5,A "n Ordinance To Amend Section 505. 11 Of The Codified
Ordinances Of The Village OfGranvillew,"as reintroduced,title read,and moved for
adoption by Councilmember Bennett. Seconded by Vice Mayor Marshall.
Councilmember Bennett stated that although Council felt the ordinance should be
voted down,the ranger from the Ohio Department of Natural Resources said that the deer
problem isn't going to go away unless Granville does something about the problem. He
stated that he hoped that he is wrong,but he believed that Council would have to revisit
the issue again.
Roll call vote: Freytag no,Bennett yes,Montgomery no,Shulman no,Garrett no, Marshall no,Mayor Eisenberg no. Six no votes,one yes vote.Ordinance No. 139-5 was defeated.
Ordinance No. 169- 5,A "n Ordinance Amending The Granville Zoning Ordinance
And Accompanying Map Thereto,By Amending The Classification Of The Zoning
District For A Certain 18.04 Parcel Of Land Described Herein And Located At 537 Jones
Road From PCD,Planned Commercial Development To SRD-A,Suburban Residential
Districtw,"as reintroduced,title read,and moved for adoption by Vice Mayor Marshall. Seconded by Councilmember Bennett.
Roll call: Garrett yes,Shulman yes,Montgomery yes,Bennett yes,Freytag yes, Marshall yes,Mayor Eisenberg yes. Seven yes votes. Ordinance No. 16-95 was adopted.
NEW BUSINESS
Resolution No. 953- 1, A "Resolution To Declare The Collapse Of The Well Screen In Public Water SupplyWell 3#A Public Disaster And To Authorize The Village Manager To Obtain Necessary Excavation And Repair Services Attendant Thereto In The Open Market Without Competitionw,"as introduced,read in full,and moved for adoption by Councilmember Garrett. Seconded by Councilmember Freytag. Manager Plunkett stated that it would cost $ 30,000 to redrill the water well. He stated that the staff had asked three companies for proposals and the lowest proposal was from HardinD- avis at 2$9,226. He stated that the Resolution would authorize the Village to take informal bids and award a contact. He stated that there was an emergency appropriation Ordinance on the agenda tonight to appropriate the money for the project. Councilmember Bennett expressed some concern as to whether the matter was a real and present danger".
Manager Plunkett stated that Granville'sWell#1 could be turned on however,the Granville Solvents project is not complete and although EPA said that it would be okay to use the well,the staff felt that it should not be used yet.He stated thatWell 3#needs to get back on line because currently only one well is in service.Mr. Plunkett strongly recommended that Council adopt the resolution.
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Rpll call vote: Freytag yes,Bennett yes,Montgomery yes,Shulman yes,Garrett
yes,Marshall yes,Mayor Eisenberg yes. Seven yes votes,Resolution No. 95-3 1 was duly
adopted.
Resolution No.953- 2,A "Resolution To Award The Bid For Towing And Storage
of Impounded Motor Vehicles And To Authorize The Village Manager To Enter Into An
Agreement Thereforew,"as introduced,read in full,and moved for adoption by
Councilmember Montgomery. Seconded by Vice Mayor Marshall. Motion carried.
Resolution No. 95-32 was duly adopted.
Resolution No. 953- 3,A "Resolution To Award The Bid For ContractD" "T,he
East Granville Sewer Lift Station,To Performance Excavating Incorporated,And To
Authorize The Village Manager To Enter Into A Contract Thereforw,"as introduced,
read in full,and moved for adoption by Councilmember Freytag. Seconded by Councilmember Garrett.
Manager Plunkett stated that the lift station is the key to the sewering of east Granville. He stated that the lift station will service all areas in the east end of Granville
and north and south of State Route 16. The sewage will be pumped into the lift station
and then pumped out to Galway Drive and eventually into a major trunk sewer that will
someday have to be built. The lift station is necessary now to service property east and
west of Cherry Valley Road and north and south of SR 16. He stated that the sewer will
be deep enough to handle the area south of the SR 16,the Keny property,and all
properties in Granville Village south of SR 16,including the site purchased by Bob Evans.
Manager Plunkett stated that Bob Evans and SuperAmerica had submitted their proposals for building their portion of the sewers. He stated that there had been a difference of opinion between the Village's engineers and Bob Evans' engineers as to the cost of building those sewers. Bob Evans and SuperAmerica had asked the Village to make up the cost difference. The issue hasn't been resolved yet because the Village's engineer wants to meet with SuperAmerica and Bob Evans to discuss the matter further. Manager Plunkett stated that the Westgate Drive sewer was contractI E" "of the bid,and the low bid for that project was 3$15,670. He stated that he had talked the Village's engineers and made a rough calculation as to what the assessment to the property owners on Westgate Drive and Welsh Hills School would be. He stated the he used half in the calculation because ifthe Village didn't consider the entire area and use bigger pipe size and depth to serve other drainage area properties the cost would be about half He stated that would mean levying assessments and that Welsh Hills School is the driving force behind the Westgate Drive sewers. other Vice Mayor Marshall questioned ifthe assessments could be figured on something than acreage?
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Manager Plunkett stated that in some cases,a combination of acreage and front
footage could be used but,didn't believe it would work in this case. He stated that by
basing the assessments on acreage,one has a finite,known quantity.He stated that one
could not accurately calculate the number of occupants that would use the sewer on any
of those parcels of commercially- zoned property.
Councilmember Shulman questioned where the lift station would be located.
Manager Plunkett stated that the lift station would be located northeast of Wendys
on property owned by Murphys. The sewer will connect to a manhole to the north east
corner of Westgate Drive and Cherry Valley Road.
Councilmember Freytag questioned what the"driving force"to build the sewers
was and how much acreage would be served with the sewers?
Manager Plunkett stated that the south side of SR 16,Wendys,Welsh Hills
School,Bob Evans and McDonalds would need the sewers. He stated that the lift station
could service the Keny property and points east and south ofNewark-Granville Road.
Manager Plunkett stated that the lift station would be funded with the $1. 1 million
sewer note,as will the Westgate Drive sanitary sewer. He stated that some of the cost
needed to be funded by assessments. Sewer tap fees would go into the Capital
Improvements Fund,which would be used to improve the sewer system and can be used
to pay the debt. He stated that Bob Evans Farms had apparently agreed to the Planning Commission requirements.
Councilmember Shulman stated that he was against the resolution because he felt
Granville was building something that could serve much wider areas without the ends accompanying it.He stated the if Granville builds the sewers,more and more development will come into the Village. He stated that in his opinion, tied the sewer should be into whatever happens with SuperAmerica and Bob Evans.
Vice Mayor Marshall stated that the area south of SR 16 is part of a bigger picture and in his opinion,Council needed to get on with building the sewers. He stated that it is unlikely Bob Evans will g"o awaya"nd if the Village waits too long,the Welsh Hills School's calendar will be messed up and the Village could end up with a septic system at the Welsh Hills School that the Village would rather not have.
Councilmember Freytag stated that Council would be accelerating development by building the sewers.
Manager Plunkett stated that if sewer is not available in the area,the Village could
see a law suit and perhaps eventual detachment ofthe area to the City ofNewark. He ostcacteudr.that if the property went to Newark,a 21 st Street style of development would likely
Councilmember Freytag stated that he would like to see the Resolution tabled until Council was aware what the Welsh Hills School would do. He stated that he may be inclined to support the Resolution if the school is going to need the sewers.
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After further discussion,Manager Plunkett stated that in order for the bids to be
valid,an award would have to be made by July 5, 1995. He stated that he recommended
that Council award contractD " "tonight and decide on contractI "Ea"t the July 5 meeting.
Councilmember Bennett called the question.
Councilmember Freytag moved to table the Resolution. Seconded by
Councilmember Shulman. Show of hands vote: Freytag yes,Shulman yes,Garrett no,
Marshall no,Montgomery no,Bennett no,Mayor Eisenberg no. The motion was defeated.
Councilmember Bennett moved to adopt Resolution No. 95-33.
Roll call vote: Freytag no,Bennett yes,Montgomery yes,Shul]nan no,Garrett
yes,Marshall yes,Mayor Eisenberg yes. Two no votes,Five yes votes. Motion carried.
Resolution 95-33 adopted.
Ordinance No. 179- 5.A "n Ordinance To Amend Ordinance No. 449-4 Providing
For Adjustments Of The Annual Budget For The Fiscal Year 1995 And Revising Sums
For Operating Expenses And Declaring An Emergencyw,'as introduced,and its title read by Vice Mayor Marshall.
Vice Mayor Marshall moved to adopt Section III,the emergency clause and read that section in its entirety. Seconded by Councilmember Garrett
Roll call vote: Montgomery yes, Bennett yes,Freytag yes,Shulman yes,Garrett
yaedosp,Mteadr.shall yes,Mayor Eisenberg yes. Seven yes votes,the emergency clause was
Vice Mayor Marshall then moved to adopt Ordinance No. 17-95. Seconded by Councilmember Freytag.
Roll call vote: Freytag yes,Bennett yes,Montgomery yes,Shulman yes,Garrett
yadeosp,Mteadr.shall yes,Mayor Eisenberg yes. Seven yes votes,Ordinance No. 179-5 was
Ordinance No. 189- 5,A "n Ordinance To Rezone Properties From An Improper Zoning Classification To The Proper Zoning Classificationw,a"s introduced and its title read by Councilmember Shulman.
Mayor Eisenberg set the public hearing on Ordinance No. 189-5 for July 5, 1995, at 7:30 p.m.
Ordinance No. 199- 5,A "n Ordinance To Amend Ordinance No. 449-4 Providing For Adjustments Of The Annual Budget For The Fiscal Year 1995 And Revising Sums For Operating Expensesw,"as introduced and its title read by Councilmember Garrett. at 7:30Mayor Eisenberg set the public hearing on Ordinance No. 199-5 for July 5, 1995, p.m. 1
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Manager Plunkett stated that the Granville Milling Company had requested that
Council waive a portion of the sewer capacity fee if they tap into the new sewer within a
defined period. He stated that they are asking the Village to waive a portion of the fees
because the Village had waived a portion of the water tap fees in east Granville.
Mayor Eisenberg stated that he wasn't in favor of waiving the fees. Council
agreed.
Councilmember Freytag questioned if the New Burg Street Storm Sewer Enclosure
Sidewalk project should be built?
Manager Plunkett stated that the Ohio Department of Natural Resources Nature
Works Program had denied the Village's grant request for the project. He stated that there
currently was enough money in the sidewalk fund to complete the project if Council
wanted to complete the project.
Councilmember Freytag expressed concern with using sidewalk money to enclose
storm sewers. He stated that Council had a prioritized list of sidewalks that needed to be built.
After a discussion,Council agreed to go back to the prioritized list of sidewalks and build the next sidewalk in line.
Vice Mayor Marshall expressed concern with Denison University having a larger
than normal freshman class for 1995. He stated that he would like to see the Village' ordinance requiring that s no more than three unrelated persons live together be enforced.
ADJOURNMENT
Councilmember Bennett moved to adjourn the meeting at 9:45 p.m. Seconded by Vice Mayor Marshall. Motion carried.

Council Minutes June 7, 1995

VILLAGE OF GRANVILLE
COUNCIL MEEWNG MINUTES
JUNE 7,1995
CALL TO ORDER
Mayor Eisenberg convened the meeting at 7:38 p.m.
ROLL CALL
Those responding to the roll call were:
Councilmember Shulman
Councilmember Montgomery
Councilmember Bennett
Vice Mayor Marshall
Mayor Eisenberg
Law Director Hurst
Councilmember Bennett moved to excuse absentee Councilmember Garrett. Seconded
by Councilmember Montgomery. Motion carried.C (ouncilmember Freytag and Manager Plunkett arrived late.)
PUBLIC HEARINGS
A public hearing was held on Ordinance No. 129- 5,A "n Ordinance To Add
Section 1176.04 e( )To The Codified Ordinances Of The Village OfGranville To Provide For Planning Commission Review OfFences,Walls,Or Barriers Within The Transportation Corridor Overlay District T( COD)".
No one appeared to speak for against Ordinance No. 129-5. Mayor Eisenberg closed the public hearing at 7:39 p.m.
A public hearing was held on Ordinance No. 159- 5,A "n Ordinance To Amend Ordinance No. 449-4 Providing For Adjustments Of The Annual Budget For The Fiscal Year 1995 And Revising Sums For Operating Expenses."
No one appeared to speak for or against Ordinance No. 159-5. The public hearing closed at 7:40 p.m.
REVIEW AND APPROVAL OF MINUTES
The minutes ofthe regularly scheduled May 17,1995,Council meeting were presented fVoircereview. Councilmember Bennett moved to approve the minutes as submitted. Seconded by Mayor Marshall. Motion carried.
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The minutes of the Annual Union Cemetery Meeting of Village Council and Township
Trustees as required by Ohio Revised Code Section 759.34 were presented for review. Vice
Mayor Marshall moved to approve the minutes as corrected. Seconded by Councilmember
Bennett. Motion carried.
CITIZENS COMMENTS
Those signing the register were:
Mark Zarbaugh
Karl Sandin
John Kessler
Gary Wilcox
L.P. Case
Jane Heller
Jim Jung
Ruth Owen
Dan Bellman
Kristen Pape
Joan Hawkins
Tom Conner
W. Lavender
Earl Hawkins
Arnold Shaheen
Herb Murphy
JoAnne Woodyard
Keith Ward
Tim Klingler
Frank Edie
Tim Hughes
Cindy Schemaker
Ed Mobley
Mary Fellabaum
Mary Kay Roberts
William Wilson
Elaine Nailing
Ed &Kay Vance
Dave Tumbas
Denise Grout
Odke Keiderling
Jacquline Wilson
Kim Zeune
Eloise DeZwarte
Pat Scarpitti
Jack Grove
Frank & Kay Murphy
Sam MacKenzie -Crane
Ralph L&inda Swartz
Gil Krone
Steve Cartnal
Larry Huey
Betty Case
Lon Herman
Odke Keiderling stated that he had been working in environmental protection for over 20 years and that he agrees with the Board ofZoning and Building Appeals'decision to deny the request ofthe Marathon Station. He stated that there are several issues concerning stage one and two vapors involved and he is currently skeptical that the Marathon Station will follow through with their intent. He expressed concern with automobiles producing toxins and stated that light pollution would be another problem in the area and that the natural darkness ofthe night was a human right. He stated that in his opinion,the Marathon Station would be an insult and would be a hazard to the environment.
Karl Sandin of 332 E. College Street stated that the language in the criteria ofthe Granville Codified Ordinances Section 1145.33 d( )was fairly restrictive and states that the proposed use should not be detrimental to the community or cause a nuisance to persons or property. He stated that he drives by the State Route 16C/herry Valley Road intersection several times a week and traffic is bad in that area and the Marathon station will only add to the problems. He stated that if one puts a convenience store next to Wendy's and assumes that it will not create a large increase in traffic they are wrong. He stated that traffic is going to be tahreealalnpgruoabgleemininthtehaotrdairneaanacned. he urged the Village Council to take a clear head reading on
Dr.Scarpitti,who has a family practice on the northeast corner ofthe Cherry Valley Road and State Route 16 intersection,stated that he echoed the sentiments already stated
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earlier and that Council should have a broader view of the problem once the development is
fully undertaken. He stated that in his opinion,it was a mistake to allow access in such a
short distance to the intersection and any solution made needs to be looked at carefully. He
stated that Council should especially look at the entrance and exit from the driveway and
perhaps it would be better if there was a one way entrance and service road to Galway Drive.
He stated that he is not particularly against development but Council should abide by the
BZBA ruling and should study the area. He stated that he was concerned for the safety of his
patients especially at high traffic times.
Keith Ward stated that he agreed with everything stated earlier. He stated that he
would like to raise two issues that go beyond the decision Council will be making today. He
stated that the first issue was overdevelopment. The people in Granville are concerned about
development. A few years ago,after much input from the community,a master plan was
produced to address development issues. He stated that the plan addressed most issues but did
not focus on what is currently happening in Granville. He stated that Newark Granville Road
was looking more like Worthington and Dublin everyday. He stated that his concern was
addressing what is happening today. With the proposed Marathon and Convenience store,
development may be happening too fast and may affect Granville in a detrimental headed toward way, overdevelopment. Mr. Ward stated that his second point is concern about how
the appeal would address the long range issues that go beyond the present time. He stated that
long range traffic studies have been done,but one needs to be able to look at what will
happen in 10 to 20 years. He questioned when Cherry Valley Road will have to be expanded
from its present two lanes and when will Newark-Granville Road need to be four lanes?He
stated his encouragement to Council to control the development now and not decide later that they've made a mistake.
Earl Hawkins stated that he had purchased a condo in Erinwood fully aware of
development next to his property. He stated that he was under the understanding that small
boutiques and small dress shops would be the only development in the area and thought it would be nice to live in a " New Englandy" type atmosphere. He stated that a Marathon
Station was not a small boutique and the traffic on Galway Drive will increase dramatically and the road is not made to handle all the traffic. He stated that ifCouncil supported the appeal,what would happen when the next applicant wanted to put in a supermarket next door. He stated that a Marathon would be an inappropriate change to the area and would be a high nuisance and interfere with the atmosphere next door to his residence.
Frank Eddy stated that in his opinion,the Marathon Station is inappropriate. He stated that everyone knows Wendy's was a mistake and Granville didn't need another mistake. He stated that now was the last opportunity to consider Granville's destiny and ifwe can keep the green of Granville,we should.
Jim Young stated that he supported everything that had been said earlier and he saw no need for a gas station when Granville already had Sunoco and a BP station down the street. He stated that ifdevelopment must come it should be in the form ofboutiques that fits
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Granville's unique community. He stated that the gray concrete environment is not what the
people of Granville want to see.
Jane Heller stated that she agreed with everything said earlier in the meeting. She
stated that her concern was the light pollution and in her opinion,the lights are very offensive.
Mary Roberts stated that she lives across the street from the proposed development and
askedw "ould anyone want to live across the street from something like the proposed Marathon Station?"
Elosie Dezwarte stated that she agreed with everything stated earlier especially the
traffic and lighting concerns. She stated that the proposed Marathon Station is not just a gas station and a convenience store,it would be a car wash too and she thought that was excessive.
Ed Vance stated that he thought that Council should be asking questions of the
applicants addressing who is going to own and operate the station and question the uses of the
property such as,are all the uses multiple uses or conditional uses?He stated that Council
should be sure that if a use is granted,Council is not at the same time approving any other
variances. He stated that section 1145.03 ofthe Codified Ordinances speaks of a development being a nuisance or hazard to persons or property.Mr. Vance stated that the code says that if the development is a nuisance to one person,that is reason for denial of the plans. He stated that he was not sure if the Marathon station was an appropriate use for the property in that
Maraeraa.tMhorn. Vsatantcioena. lso expressed his concern with the traffic that would be generated by the
Herb Murphy stated that Council had approved a comprehensive study that dealt with land use in that area. He stated that many consultants had been called upon to guide Granville into devising the comprehensive plan. The plan recommended that a small section of land around the Cherry Valley Road area be commercial. He asked how one could say that development is inappropriate in an area zoned commercial?
Jo Ann Woodyard stated that she had chosen Granville to live in for various reasons, and she is strongly against the Marathon Station. She stated that Council needed to be concerned with how the Village is going to look in ten to twenty years. Board ofZoning and Building Appeals member Dan Bellman presented a map to Council highlighting the commercially zoned properties. He stated that Granville was a treasured town,unique in its deliberations,and he encouraged Council to ask questions and make a careful decision concerning the Marathon Appeal. He stated that he is not saying that he is against commercial development,however many questions need to be answered. Law Director Hurst stated that ifCouncil determines that the facts as presented by the appellant are substantially different from the facts as determined by the BZBA when they had the issue before them,Council does have the ability to return the matter to the BZBA to be reconsidered in light of the new or different facts.
Ralph Swartz stated his concern with the traffic in the area once the Marathon Station is in place. He stated that Council should carefully consider the traffic issue.
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Tim Hughes stated that he was in agreement with everything that had been stated
earlier. He stated that he hoped that Council makes a careful decision and that it was obvious
that people didn't want the project. He stated that he was part ofthe making of the master
plan several years ago and when the area was approved for business,it was assumed that the
area would be used for boutiques type stores rather than fast food restaurants. He stated that
his biggest question was d"oes Granville need this type of development?"
COMMITTEE REPORTS
Councilmember Bennett reported on the June 5, 1995 Planning Commission meeting.
At that meeting four applications were considered and all were approved. The commission
approved an application submitted by Dave Longaberger to rezone the Bryn Du Mansion
from commercial to residential. Ron Sheldon from Holophane had been present and indicated
his company's lighting engineers'willingness to assist in the studies of street lighting. Mr.
Bennett stated that the commission agreed to pass to Council that the Marathon Station
addressed eight areas of suggested change and had successfully addressed those issues with
the Planning Commission. He stated that the Planning Commission did not take a position on the matter however,their comments were that the plans were a much better set than originally
submitted and that the plans were as good as we're going to get. The Commission stated that
the developers were easier to work with than most businesses.
Mayor Eisenberg stated that Council was dealing tonight only with the issue of the
conditional use from the BZBA for Marathon. He stated that all other development issues
would have to be approved by the Planning Commission. He stated that ifthe Conditional Use
should be granted tonight,it is not the final opportunity to speak for the issue. He stated that the application submitted by Mr. Longaberger requesting to rezone the Bryn Du Mansion to residential would mean that a very large tract of land would be taken out of commercial districting.
OLD BUSINESS
Ordinance No. 129- 5,A "n Ordinance To Add Section 1176.04 e( )To The Codified Ordinances Of The Village OfGranville To Provide For Planning Commission Review Of Fences,Walls,Or Barriers Within The Transportation Corridor Overlay District T(CODw)a,s"reintroduced,title read,and moved for adoption by Councilmember Shulman. Seconded by Vice Mayor Marshall.
Roll call vote: Garrett absent,Shulman yes,Montgomery yes,Bennett yes, Freytag absent,Marshall yes,Mayor Eisenberg yes. Five yes votes,two members absent. Ordinance No. 12-95 was adopted.
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Ordinance No. 159- 5,A "n Ordinance To Amend Ordinance No. 449-4 Providing
For Adjustments Of The Annual Budget For The Fiscal Year 1995 And Revising Sums
For Operating Expensesw"a, s reintroduced,title read and moved for adoption by
Councilmember Bennett. Seconded by Councilmember Montgomery.
Roll call vote: Freytag absent,Bennett yes,Montgomery yes,Shulman yes,
Garrett absent,Marshall yes,Mayor Eisenberg yes. Five yes votes,two members absent.
Ordinance No. 15-95 was duly adopted.
Ordinance No. 13-95 -An Ordinance To Amend Section 505. 11 Of The Codified
Ordinances Of The Village Of Granville.
After a brief discussion,Councilmember Bennett moved to remove Ordinance No. 13-
95 from the table. Seconded by Vice Mayor Marshall.
Mayor Eisenberg set the public hearing on Ordinance No. 13-95 for June 21, 1995,at 7:30 p.m.
Councilmember Freytag arrived.
Aetna Life Insurance Representative
Tom Conner of Aetna Insurance was present to answer any questions Council might have regarding deferred compensation for Village employees.
Mayor Eisenberg stated that he had read the material sent out by Mr. Conner and had
spoken to the Village staff'and all of his questions had been answered concerning the deferred
compensation program. Council agreed that the material had explained all the questions they had had.
Resolution No. 952- 5,A "Resolution To Authorize The Village Manager To Execute An Agreement And Other Relevant Documents With The Aetna Life and
Annuity CompanyC."ouncilmember Montgomery moved to remove Resolution No. 95- 25 from the table. Seconded by Councilmember Bennett.Motion carried. Resolution No. 95-25 was adopted.
NEW BUSINESS
Marathon Appeal
Law Director Hurst stated that under Chapter 1137.01 d( )of the Codified Ordinances Council is responsible to hear and decide appeals from the Board ofZoning And Building Appeals and from the Planning Commission. He stated that in that regard, Council must be advised by the Law Director and the Village Manager that the appeal procedures have been completed. He stated that he had conferred with the Manager,and Council is advised the matter is properly before them for consideration. Council received the findings offact by the board and received a certain amount ofinformation that had
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June 7, 1995
Page 7
been considered by the Planning Commission in its independent consideration of the
issue. The status on the Planning Commission matter is not before Council on the appeal
from the BZBA. Council is required to hear the appeal within 30 days after the appeal has
been filed and must render a decision within 10 days. Council may uphold,reverse,
modify,or remand the decision to the BZBA for further consideration if it is found that
the facts presented are substantially different from the findings of facts as determined by
the BZBA.
Arnold Shaheen,attorney for the applicant,stated that the applicants want to
construct a building to sell Marathon products. He stated that a representative of
Marathon is present on behalf of Marathon,and Gary Wilcox who conducted a traffic
study for the applicants is present to answer any questions concerning traffic. The
applicants share the concerns of the residents of Granville and know from personal
experience that people are protective of the environment and quality of life. An effort to
create a business which contributes to the community in a sound,architecturally pleasing
way and one that creates a benefit to the Granville community has been made. The
applicants have worked well with the Planning Commission in making changes they
deemed appropriate in order to make the plan more acceptable to Village Officials. As result of the discussions with the Planning a Commission on June 5,certain changes have
been agreed to which were suggested by the Planning Commission.Namely the changes
are: the four bay gas pump station has been reduced to three;some markings on the
building have been removed;and the round windows have been changed to square windows. At the request of the BZBA,the store was moved ahead to limit the blacktop
area.A change has been made to improve traffic at the request of the Planning
Commission to improve the ingress and egress and will also help the Wendy's traffic as well. The applicants are willing to share the cost of adding a middle turn lane on Cherry Valley Road and both the Village's and Marathon's traffic engineers believe that the development will not add significantly to the traffic flow.
Mr.Shaheen stated that the primary concern of the BZBA had been the traffic flow situation.He stated that Mr.Wilcox had not been available for the BZBA meeting, but he is now ready to answer any questions. Mr. Shaheen stated that he believed that the traffic situation could be easily addressed. He stated that the applicants have worked very closely with the commissions in order to develop a good plan,and they want to be good citizens and build a good project.
issue. Mayor Eisenberg stated that most of the BZBA's concerns were with the traffic
GaryWilcox,Traffic Engineer,stated that he had not received anything from the Village's traffic engineer and couldn't respond to his questions but,he had reviewed all the work and did not have any exceptions to the procedures. He stated that ifa left turn lane is added,it would improve the traffic situation significantlyM.. r.Wilcox explained
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Village of Granville
Council Meeting Minutes
June 7, 1995
Page 8
the current traffic situation in the area and how the Marathon Station would affect that
area.
Mayor Eisenberg stated that several recommendations had been made by Doug
Tailford referring to the traffic situation. He stated that he supported those
recommendations. Mayor Eisenberg asked if the plan presented to Council was the same
exact plan that was presented to the BZBA?
Doug Tailford stated that the main building had been moved forward to eliminate
asphalt,the canopy over the pumps had been moved to the side,the car wash was moved
to the rear,and a second access to the rear alley was added
Mayor Eisenberg asked if those changes were presented to the BZBA?
Mr.Tailford respondedn "o"H.e stated that the questions and concerns of the
Planning Commission and site plan did change from what the BZBA had seen. Several traffic concerns were discussed. Councilmember Freytag pointed out that
the traffic study performed had only included the gas station and convenience store and
not the car wash.
Mayor Eisenberg stated that the noise issue of the car wash and the litter and trash issue had also been a concern of the BZBA.
Mr.Shaheen stated that there will be several on site trash receptacles and a dumpster for the store's use. He stated that the applicants will control the trash in the area because image is important to the success of the business. As far as the noise of the car wash,the noise was monitored and registered a decibel level of five.
Mayor Eisenberg stated that he had formed an opinion at this point. He stated that
in his opinion,litter is not an issue and the traffic concern has changed significantly since the BZBA hearing. He sated that the fact that a traffic engineer had not been present at the BZBA meeting was disturbing. He stated that in his opinion,the matter should be remanded to the BZBA.
Vice Mayor Marshall stated that the BZBA had chosen to disregard the two professional reports presented to them and therefore should have traffic engineers available at the next hearing to express opinions.
Councilmember Montgomery agreed. She stated that if the residents in the area were ofthe impression that a New England style ofbusiness were going to be built,she is not sure that the Marathon should happen in the area.
Law Director Hurst stated that any given development is permitted to have the conditional uses set forth in the Surban Business District regulations. He stated that those auslleoswceoduld be everything from a meat market to a drug store.Mr.Hurst then read the uses under the Surban Business District regulations.
After a discussion,Vice Mayor Marshall moved to remand the matter back to the MBooatirodnocfaZrorineidn.g and Building and Appeals. Seconded by Councilmember Montgomery.
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June 7, 1995
Page 9
Ordinance No. 169- 5,A "n Ordinance Amending The Granville Zoning Ordinance
And Accompanying Map Thereto,By Amending The Classification Of The Zoning
District For A Certain 18.04 Parcel Of Land Described Herein And Located At 537 Jones
Road From PCD,Planned Commercial Development To SRIA),-Suburban Residential
Districtw,"as introduced and its title read by Vice Mayor Marshall.
Mayor Eisenberg set the public hearing on Ordinance No. 16-95 for June 21, 1995,
at 7:30 p.m.
Resolution No. 952- 7,A "Resolution To Award The Bid For Street Painting And
Striping To Griffin Pavement Striping Inc.,And To Authorize The Village Manager To
Enter Into An Agreement Thereforw"a, s introduced,read in full,and moved for adoption
by Councilmember Bennett. Seconded by Councilmember Montgomery. Motion carried. Resolution No. 95-27 was adopted.
Resolution No. 952- 8,A "Resolution To Authorize The Village Manager To Enter
Into A Contract With General Insurance Agency For Property,Casualty,And Liability Insurance For The Period June 30,1995 To July 1, 1998," was introduced,read in full
and moved for adoption by Councilmember Bennett. Seconded by Councilmember Montgomery.
Motion carried. Resolution No. 95-28 was adopted.
Resolution No. 952- 9,A "Resolution To Authorize The Village Manager To Apply For,And IfAwarded,Enter Into A Grant Agreement With The State OfOhio, Through The Ohio Attorney General's Office For Sponsorship Of The Drug Abuse Resistance Education In Granville Schoolsw,"as introduced,read in full,and moved for adoption by Councilmember Montgomery .Seconded by Vice Mayor Marshall.Motion carried. Resolution No. 95-29 was adopted.
ADJOURNMENT
Councilmember Freytag moved to adjourn the meeting at 10:34 p.m. Seconded by Councilmember Bennett. Motion carried.

Council Minutes May 17, 1995

VILLAGE OF GRANVILLE
COUNCIL MEETING MINUTES
MAY 17, 1995
CALL TO ORDER
Mayor Eisenberg convened the meeting at 7:35 p.m.
ROLL CALL
Those responding to the roll call were:
Councilmember Shulman
Councilmember Montgomery
Councilmember Bennett
Councilmember Freytag
Mayor Eisenberg
Law Director Hurst
Manager Plunkett
Councilmember Bennett moved to excuse absentee Councilmember Garrett and Vice
Mayor Marshall. Seconded by Councilmember Freytag. Motion carried.
REVIEW AND APPROVAL OF MINUTES
The minutes of the regularly scheduled Council Meeting of May 3, 1995, presented for review. Councilmember were Montgomery moved to approve the minutes as corrected. Seconded by Councilmember Bennett. Motion carried.
MAYOR'S REPORT
The Mayor's report for the month of April 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
The Manager's Report for the month of April was presented for review. Councilmember Bennett moved to approve the report. Seconded by Councilmember Shulman. Motion carried. A copy of that report is attached as part of these minutes.
CITIZENS COMMENTS
Those signing the register were:
Joe Magdich
Brian Lindamood
Omar Whisman
John Denune
Dave Woerner
Georgia Denune
Ed Vance
John Denune stated that he was opposed to the non conforming use ordinances that were on the agenda. He stated that he did not see anything wrong with living in a home that wnoasprzoobnleemd bwuitshintehsast.. He stated that there were many businesses with mixed uses and he saw
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May 17, 1995
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Law Director Hurst stated that Ordinance No. 6-95 would prohibit the mixed use of
properties unless one were to receive an exemption from the prohibition. He stated that
Ordinance No. 6-95 was basically to prohibit a new mixed use.
Mayor Eisenberg stated if property with a non conforming use changes hands, the new
owner would have to go to either the Planning Commission or the Board of Zoning and
Building Appeals to get clearance to continue that use. He stated that in most cases, the use
will be allowed to continue but, there may be circumstances where it is not in the best interest
of the Village to continue a mixed use.
Mr. Denune stated that he would be opposed to any ordinance requiring approval of a
mixed use after sale of property because he didn't see any reason for it in the first place.
Law Director Hurst stated that Ordinance No. 7-95's primary feature is that upon
disposition of the non conforming or mixed use property, the non conforming use or mixed use
would discontinue automatically and it would not be able to continue without review and
approval. He stated that the ordinance has some procedures for a change in use. He stated
that Ordinance No. 8-95 is really not related to the issues presented in Ordinance No. 6-95 and
7-95. He stated that Ordinance No. 8-95 pertains to business properties downtown with one or
more permitted uses and the properties will, upon transfer, receive a designation as to which
use it falls into. If someone wants to depart from that use the issue must be reviewed. For
example, if a retail store wants to become a restaurant, the ordinance would require review
before being granted. He stated that a variety of uses are set forth but the method that should
be followed hasn't been established.
Mayor Eisenberg stated that Council is reviewing the issue to give the Village more control over mixed uses. He stated that if one looks at the language of the ordinances, they will
see that the uses likely to pose a serious detriment to the neighborhood or the community will
be denied. He stated that the purpose of the ordinances is to give control over non conforming uses.
Dave Woerner, GBPA liaison stated that he appreciated Council's patience on the
matter. He stated that in a conversation with Doug Tailford, Mr. Tailford stated that it had been recommended that Ordinance No. 6-95 and 7-95 be voted down in order to look further at
some of the language.
Law Director Hurst stated that he had met with Doug Tailford and they had decided that the legislation wouldn't accomplish what they had intended it to accomplish. Ordinance He stated that No. 7-95 accomplishes everything they had hoped for except for the area in the downtown and when they looked at the impact it would have on the downtown, they came to the conclusion that Council should kill the legislation and redraft an ordinance to accomplish what they had originally striven for. He stated that Ordinance No. 6-95 and 7-95 needed more work but they felt Ordinance No. 8-95 was ready for adoption.
COMMITTEE REPORTS
Councilmember Shulman reported on the Tree and Landscape Commission meeting of May 9, 1995. At that meeting, the commission reviewed the Arbor Day celebration at the elementary school. Mike Flood had supplied the tree for the celebration and the Mayor and Village Manager had been present, along with the Village Service Director who demonstrated the bucket truck's functions. A Village employee at the service department had found a balloon that had been part of an Arbor Day celebration in Indiana. Each student at the Berne, Indiana
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Council Meeting Minutes
May 17, 1995
Page 3
school had been given a tree to plant and a balloon to release and the student who received
something back from the farthest away found balloon was to receive $ 20. The Service Director
wrote to the Indiana student, explaining Granville's Arbor Day and Granville's recognition as a
Tree City USA. The commission·had voted to officially change the use of moneys from the
SBA Grant because the South Main Street project isn't going to be completed this year by
ODOT. The Commission decided to plant the 53 trees in other locations throughout the Village.
The commission also noted that Ohio Power will be in the Village trimming trees.
Councilmember Freytag reported on the Old Colony Burial Ground Union Cemetery
Board meeting of May 8, 1995. He stated that the preservationists from Massachusetts will be
in this summer to work on the cemetery, and the Board had scheduled working days for the
volunteers. A walking tour of the cemetery is scheduled for May 24, 1995.
Manager Plunkett stated that Council needed to meet with the Township Trustees May 24, on at 7:00 p.m.,to reappoint Flo Hoffman to the Board of Union Cemetery Trustees.
Councilmember Bennett stated that he had attended the May 15 Planning Commission
meeting in place of Councilmember Garrett. At that meeting, a sandwich board sign for the
Historical Society had been approved, and an architectural review for a fence on Granger
Street was also approved. Ed Vance had been present at the meeting and presented the
Commission with a list of his concerns for development in the Cherry Valley Road area. The
proposed Marathon /car wash on Cherry Valley Road too, was discussed. There had been
some minor points that the developer had seemed receptive amending. The Marathon
developers meet next with the BZBA. He stated that the plans for the Marathon looked
somewhat like the brick United Dairy Farmers seen in Gahanna. The proposed Bob Evans Farms restaurant had also been discussed. For the most part, the restaurant had seemed to be acceptable, except for several minor items such as color, lighting, and access at the south side of the property.
OLD BUSINESS
Ordinance No.6-95, A"n Ordinance To Amend Section 1157.02 Of The Granville Codified Ordinances.C"ouncilmember Bennett moved to remove Ordinance No.6-95 from the table. Seconded by Councilmember Freytag. Motion carried.
be defeMataeydo.r Eisenberg stated that Law Director Hurst had recommended that the ordinance
Roll call vote: Shulman no, Montgomery no, Bennett no, Freytag no, Garrett absent, 9M5arshall absent, Mayor Eisenberg no. Five no votes, two members absent. Ordinance No. 6- was defeated.
Ordinance No. 7-95, A"n Ordinance To Amend Chapter 1149 Of The Granville Codified Ordinances.C"ouncilmember Montgomery moved to remove Ordinance No. 7-95 from the table. Seconded by Councilmember Freytag. Motion carried. Law Director Hurst recommended that the Ordinance be defeated. Roll call vote: Freytag no, Bennett no, Montgomery no,Shulman no,Garrett absent, 9M5awrsahsaldl eafbesaetnetd,.Mayor Eisenberg no. Five no votes, two members absent.Ordinance No. 7- 1
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Ordinance No. 8-95, A"n Ordinance To Amend Chapter 1159 Of The Granville Codified
Ordinances." Councilmember Freytag moved to remove Ordinance No. 8-95 from the table.
Motion seconded by Councilmember Shulman. Motion carried.
Law Director Hurst stated that there is no inter relationship between Ordinance No. 8-
95 and Ordinance No. 6-95 and 7-95.
Councilmember Montgomery moved to adopt Ordinance No. 8-95. Seconded by
Councilmember Freytag.
Roll call vote: Shulman yes, Montgomery yes, Bennett yes, Freytag yes, Garrett
absent, Marshall absent, Mayor Eisenberg yes. Five yes votes, two members absent
Ordinance No. 8-95 was adopted.
NEW BUSINESS
Ordinance No. 12-95, " An Ordinance To Add Section 1176.04 (e)To The Codified
Ordinances Of The Village Of Granville To Provide For Planning Commission Review Of
Fences, Walls, Or Barriers Within The Transportation Corridor Overlay District T( CODw),a"s introduced, and its title read by Councilmember Shulman.
Mayor Eisenberg set the public hearing on Ordinance No. 129-5 for June 7, 1995, at 7:30 p.m.
Ordinance No. 139- 5, A"n Ordinance To Amend Section 505.11 Of The Codified
Ordinances Of The Village Of Granville,w"as introduced and its title read by Councilmember Bennett.
Law Director Hurst stated Ordinance No. 139-5 was his f"irst stab"at the deer hunting ordinance. He stated that he was directed to put something together and was a little concerned with setting a public hearing because Council may decide that the ordinance needs more changes.
Manager Plunkett stated that the matter had been put into ordinance form in order to engage conversation. He stated that there was no immediate need to set the ordinance for public hearing if it might be racially changed.
Councilmember Bennett stated that the ordinance includes a provision that the property owner meet with the Village Manager, then the manager will consult with the safety director, chief of police, Council and anyone else he sees necessary.Mr. Bennett asked if it is intended tshhaotutlhde manager discuss the issue with all of those persons or just the ones he thinks he consult?
Law Director Hurst stated that it is intended to mean that the manager shall consult with tahney of those people who, in his judgment, can help make a decision. He stated that the group manager picks to consult may vary from time to time.
Councilmember Montgomery expressed concern with the requirement that a notification be advertised thirty days prior to application of the permit, and then notify the adjacent property owners not later than 14 days before the hunting. She stated that the property owner would have to advertise a notice without knowing when there would be hunters on their property. Law Director Hurst stated that if the property owner first went through ODNR's procedures and then went through Granville's procedures, the general notification process being thirty days would allow pubic input throughout the process for people to be able to come
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May 17, 1995
Page 5
into the municipality and to notify the world at large that there is a property owner pursuing
issuance of a deer hunting permit. He stated that the next notice as set forth in Section "f'
would provide a mechanism for property owners identifying the dates on which a hunt is
allowed. He stated that it mandates that prior to issuance of the permit, property owners get
their chance to have their input and warns the public that a permit is being pursued.
Councilmember Montgomery stated that the ordinance did not specify how long the
hunt could take place.
Mr. Hurst stated that Council could reach the determination of 30 days or 3 days or
whatever they wanted. He stated that the manager could, after consulting, decide what is an
adequate period to accomplish the animal control.
Councilmember Bennett stated that he did not have a problem with the way the
ordinance was written but one provision he felt was extreme was the proof of publication. He
stated that he understood the notification was to wam the pubic, but requiring the property
owner to pay for a legal ad that many people are not going to read would be an inappropriate
burden. He stated that the notification in section "e"would wam the pubic of the hunt.
Law Director Hurst stated that cost is not significant. He stated that he had met briefly
with the Chief of Police and asked him to react and give comments on the proposed
ordinance. He stated that the Chief hadn't considered the proof of publication as important a
safeguard as posting the property.
Manager Plunkett stated that the Chief and he would meet tomorrow to discuss the
issue further.
Councilmember Freytag stated that the proposed ordinance doesn't place a duty on the
hunter to keep arrows on the property and doesn't prohibit hunting along property lines. He
stated that the proposed ordinance doesn't limit the hunting to any certain area of the village
and doesn't restrict lot sizes (for the hunt). He also expressed concern about the power of
cross bows. He stated that he did not see any need for firing cross bows in the village. He
stated that there isn't a standard by which the Village Manager or council can decide the issue.
He stated that the manager is totally without guidance on the matter.
Law Director Hurst stated that this wasn't an attempt to control the hunter. He stated
that the landowner who participates in the hunt would be the responsible party.
Councilmember Montgomery stated that it may be helpful to limit the hunting to regular
deer bow season so that the general public would be aware that hunting would be taking place.
After a discussion, Council decided to collect additional comments and changes ordinance to the and discuss the issue again at the June 7 Council meeting.
Ordinance No. 149- 5, A"n Ordinance Providing For The Issuance Of 1$,100,000 Of Notes By The Village Of Granville, Ohio, In Anticipation Of The Issuance Of Bonds For The Purpose Of Paying Part Of The Cost Of Constructing Improvements To The Municipal Sanitary Sewer System, And Declaring An Emergency,w"as introduced by Councilmember Montgomery. Seconded by Councilmember Freytag.
Councilmember Montgomery then moved to adopt Section 12 of Ordinance No. 149-5, the emergency clause, and read that section in its entirety. Seconded by Councilmember Freytag 1
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Council Meeting Minutes
May 17, 1995
Page 6
Rollcall vote: Garrett absent, Shulman yes, Montgomery yes, Bennett yes, Freytag
yes, Marshall absent, Mayor Eisenberg yes. Five yes votes, two members absent, the
emergency clause was adopted.
Councilmember Montgomery then moved to adopt Ordinance No. 14-95. Seconded by
Councilmember Freytag.
Roll call vote: Freytag yes, Bennett yes, Montgomery yes, Shulman yes, Garrett
absent, Marshall absent, Mayor Eisenberg yes. Five yes votes, two members absent.
Ordinance No. 14-95 was adopted.
Ordinance No. 15-95, " An Ordinance To Amend Ordinance No. 44-94 Providing For
Adjustments Of The Annual Budget For The Fiscal Year 1995 And Revising Sums For
Operating Expenses," was introduced and its title read by Councilmember Bennett.
Mayor Eisenberg set the public hearing on Ordinance No. 15-95 for June 7, 1995, at
7:30 p.m.
Resolution No. 95-24, " A Resolution Authorizing The Village Manger To File An
Application And Enter Into An Agreement With The Ohio Department Of Natural Resources
For The Purpose Of Acquiring Funds Through The Division Of Forestry's Urban Forestry
Assistance Program," was introduced, read in full, and moved for adoption by Councilmember
Freytag. Seconded by Councilmember Shulman. Motion carried. Resolution No. 95-24 was
duly adopted.
Resolution No. 95-25, "A Resolution To Authorize The Village Manager To Execute An
Agreement And Other Relevant Documents With The Aetna Life and Annuity Company," introduced, read in full and moved was for adoption by Councilmember Bennett. Seconded by Councilmember Freytag.
i Manager Plunkett stated that the purpose of the Resolution was to offer a deferred compensation plan to employees who had indicated a desire to invest in such a plan. He
stated that the money is actually the property of the Village until the retiree draws the money. Because of the concern for the security of employees funds, Council agreed to have a representative from Aetna Life come to a future meeting to explain the plan.
Councilmember Bennett moved to table Resolution No. 952-5. Seconded by Councilmember Freytag. Motion carried. Resolution No. 95-25 was tabled.
Resolution No. 952- 6, A" Resolution To Authorize The Village Manager To Advertise For Bids For The East Granville Sewage Lift Station and Sanitary Sewer Extension Projects", was introduced, read in full, and moved for adoption by Councilmember Montgomery. Seconded by Councilmember Freytag. Motion carried. Resolution No. 95-26 was adopted.
Manager Plunkett stated that the Village had received correspondence from Law Director Hurst in regards to the annexationm/ erger hearing.
Law Director Hurst stated that the law firm of Vorys, Sater, Seymour P&ease has entered an appeal for the annexation petition at the common pleas and court of appeals levels. Yesterday they filed a motion to lift or stay the enforcement of the current injunction. He stated that Judge Frost's office had called him this afternoon, advising that the court has determined to take this matter up on May 23, and that his response to the motion is due by the
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Page 7
close of business on May 22. He stated that he must put together arguments on that issue and
get them in final form to file on Monday when the judge will take up the matter. He stated that
this motion is not one he had even thought about. He stated that it is common knowledge that
this can happen, but it usually isn't this long after an appeal has been filed. He stated that in
his experience, it is unusual to be activating additional motions at the common pleas level
because so few types of motions retain jurisdiction to hear the matter. It is within the rules
however, that the motion can be made at any time. He stated that he hadn't anticipated having
to respond to this in such a short period of time since, he had just received the information.
MEETING ANNOUNCEMENTS
A special joint session with Village Council and the Township Trustees is Wednesday, scheduled for May 24, 1995, at 7:00 p.m..The purpose of the meeting is to appoint a member to the Board of Union Cemetery Trustees.
ADJOURNMENT
Councilmember Freytag moved to adjoum the meeting at 9:35 p.m. Seconded by Councilmember Bennett. Motion carried.

Council Minutes May 3, 1995

VILLAGE OF GRANVILLE
COUNCIL MEETING MINUTES
MAY 3,1995
CALL TO ORDER
Mayor Eisenberg convened the meeting at 7:35 p.m.
ROLL CALL
Those responding to the roll call were:
Councilmember Shulman
Councilmember Montgomery
Councilmember Bennett
Councilmember Freytag
Vice Mayor Marshall
Mayor Eisenberg
Law Director Hurst
Manager Plunkett
Councilmember Freytag moved to excuse absentee Councilmember Garrett. Seconded by Vice
Mayor Marshall. Motion carried.
PUBLIC HEARINGS
A public hearing was held on Ordinance No. 9-95,A "n Ordinance To Amend Sections
1189.04 (J),1189.05 (C), And 1189.06 (M)OfThe Codified Ordinances Of Granville,Ohio
Establishing Sign Regulations."
No one appeared to speak for or against Ordinance No. 9-95. The public hearing closed at 7:38 P.m.
A public hearing was held on Ordinance No. 109- 5,A "n Ordinance To Amend Section 351. 16 C)1()C()OfThe Codified Ordinances OfThe Village OfGranville,Ohio."
No one appeared to speak for oragainst Ordinance No. 109-5. The public hearing closed at 7:38 p.m.
A public hearing was held on Ordinance No. 119- 5,A "n Ordinance To Vary The Road Widths Within Phase II And Phase III OfThe Glen At Erinwood Planned Unit Development."
No one appeared to speak for or against Ordinance No. 11-95. The public hearing closed at 7:39 p.m.
REVIEW AND APPROVAL OF MINUTES
The minutes ofthe regularly scheduled meeting ofApril 19,1995 were presented for review. MCoaursnhcailmll.ember Bennett moved to approve the minutes as submitted. Seconded by Vice Mayor Motion carried.
CITIZENS COMMENTS
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Village of Granville
Council Meeting Minutes
May 3, 1995
Page 2
Those signing the register were:
Dave Woerner
Omar Whisman
Mary Bline
JeffBrumley
Ed &Kay Vance
Anne Russell
Sally MacPhail
Cynthia Menzer
Frank & Kay Murphy
Granville Business and Professional Association's representative Dave Woemer stated that the
Association's board had met yesterday morning to discuss Ordinance No's. 6-95,7-95,and 8-95. He
stated that theboard had expressed several concerns with the ordinances and asked if Council could
defer action on the ordinances until their committee studied the issue.
Manager Plunkett stated that Village Planner Doug Tailford was at the meeting to explain the
ordinances and answer questions.
Village Planner Doug Tailford stated that Ordinance No. 6-95 would prohibit mixed uses. The
existing mixed uses would become non conforming uses. He stated that the ordinance is really saying
that mixed uses are non conforming uses and it would prohibit future,newly created mixed uses all
together. He stated that ifthe property meets all the criteria under the review,it would be able to
continue the use. He stated that the Board ofZoning and Building Appeals would have to review the
case if the property was sold and the new owner wanted to continue the conditional use.
Law Director Hurst stated that the proposed ordinances are a response to numerous comments
made to Council,questioning and referring the belief some mixed use of property is continuing almost
indefinitely without a cut off point. He stated that a provision is included to ensure that as mixed properties transfer,they use get a review by the Board ofZoning and Building Appeals.
Councilmember Shulman stated that the ordinances give neighbors a chance to comment on situations.
Councilmember Bennett stated that if the BZBA reviews the situation and determines that the
use can't be continued,the person could suffer a financial loss.
Vice Mayor Marshall stated that the person could appeal the BZBA decision to Council.
Ed Vance stated that when one purchases property,one is in limbo because ifyou want to buy property,you're at the mercy of someone else's decision.
Law Director Hurst stated that that is what a contract with contingencies is all about.
Mr.Vance stated that the process would take two or three months,which is a lengthy process, creating a hardship on the buyer and seller. He stated that Council needed to consider that situation. Mayor Eisenberg stated that it would be a rare occasion in which a use was not allowed to continue.
Mary Bline asked ifthe people on Cherry Valley Road south of State Route 16 would be able to sell their homes for residential use,since they had just been rezoned commercial?
Mayor Eisenberg stated that those residential properties are conditional uses. Doug Tailford stated that the homes could continue to use residential if they had BZBA approval.
Councilmember Montgomery asked Mr. Tailford to explain Ordinance No. 8-95. Mr.Tailford explained that Ordinance No. 8-95 would give the ability to designate property tuhseeptorotpheerPtylanning Commission and would give the property owner the ability to choose to designate to a certain category to make the process easier.
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May 3, 1995
Page 3
Law Director Hurst stated that a series of questions had been raised as to what might happen
downstream when properties with conditional uses were sold. He stated that this would more clearly
give properties a subcatagory of " X". He stated that if there is going to be a change,it must be
approved.A property can have a conclusive listing or have a very specific designation.
Mr. Vance stated that ifthe property was zoned VBD,used as residential and the property was
sold,in order to continue as residential,the owner would have to get approval from Planning
Commission.
Law Director Hurst stated that Section 1159.06 sweeps residential properties within a
statement that is intended to cover properties that are currently being put to business uses. He stated
that this section does not address residential properties.
Doug Tailford stated that Ordinance No. 7-95 adds mixed uses as part of the criteria of
changes. He stated that it basically gives the village a procedure to follow when someone wants to
change the use of their property. He stated that the process is what is currently being followed,
howeverit just puts the procedure in the code. He stated that if the property owner changes the after approval from use, the Village,they must go through Newark Code Department to bring their property to code.
Mr.Woerner asked ifthe proposed changes would require the Licking County Building Code's regulations to be applied?
Mr.Tailford answered no. He stated that the building code would apply only if the property
owner came in for a change of use.
After a long discussion,Mayor Eisenberg stated that there was no reason why Council couldn't leave the ordinances tabled but there was no reason not to take action on the ordinances at the next Council meeting.
Omar Whisman asked Council if George Fackler had access to his property on Cherry Valley
Road and ifMr. Fackler had permission to dump on his F(ackler's)site. He stated that there were several cars and trucks parked on that property.
Doug Tailford stated that Mr. Fackler had been using that property as an off site parking lot for
a long time. He stated that Mr. Fackler uses that properly as an overflow for his landscaping business and for stockpiling landscape materials of various types. Mr. Tailford stated that now is a busy season and Mr. Fackler is storing mulch and gravel on that property. He stated that he could ask Mr. Fackler to clean up the area.
Mr.Whisman asked ifMr. Fackler has access to the property from the road.
control tLheaw Director Hurst stated that while the Village can't deny access to the property,they can access.
COMMITTEE REPORTS
Vice Mayor Marshall reported on the Planning Commission meeting ofMay 1, 1995. At that meeting,three applications were approved. The Commission continued their meeting by traveling to 1 tooththeer coothmemr cuonmitiemsutnoitlioeos.k at lighting.Mr.Marshall stated that he had not accompanied the commission
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May 3, 1995
Page 4
Doug Tailford stated that the commission traveled to Dublin,Hilliard and Columbus to look at
lighting. He stated that it had not been a very good night because it was raining;however,the
commission was able to use a light meter to measure and get a general idea of light intensity. He stated
that the commission will review lighting codes to establish guidelines for Granville. He stated that the
commission has not yet made any decision and would review the matter further.
Councilmember Freytag reported on the Recreation Commission meeting. The commission had
elected officers,renewed their contract with the township,and learned that one of their members would
be retiring. The retirement will create a vacancy on the commission. The Commission requested that
Council table the proposal to install a road across the bikepath in order to study the matter further. The
Wildwood Clean Up project was successful,raising over $1,000.
OLD BUSINESS
Street Lights
Manager Plunkett stated that at the last Council meeting,it had been suggested that Council
discuss the type of light fixtures if any,and light standards needed for subdivisions. He stated that the
Village already had received one written request to install street lights in Erinwood. He stated that in
order to install street lights, Council needed to decide what light fixture they hope to use and the apportionment cost issue. He stated that Doug Tailford had prepared a memo addressing these among several street light issues. He stated that Mr. Tailford had suggested using the HolophaneG " ranville"
light fixture however,there are other fixtures and styles to choose among. But,he noted,the cost of fixtures goes up too.
Doug Tailford stated that Denison University is currently installing the G" ranvillef"ixture around campus.
Ed Vance stated that the Granville Business and Professional Association has not yet decided
on a fixture for their downtown street light project. He stated that he recommended that the Council and the GBPA consult and work together on the issue.
Vice Mayor Marshall suggested that the Planning Commission review the subject and make a recommendation to Council.
Councilmember Shulman stated that he would not like to see a fancier street light fixture in subdivisions than in the downtown.
Doug Tailford stated that he was trying to get a lighting standard for subdivisions then phase the project in in six years.
Manager Plunkett stated that he had met with the GBPA a month ago concerning the downtown street light project.
Vice Mayor Marshall stated that perhaps the GBPA sub committee could meet with the Planning Commission at the next Planning Commission meeting.
the numDbeorug Tailford stated that the estimated cost of 2$,000 per pole could go down,depending on ofpoles installed.
Mayor Eisenberg stated that Council needed to select a standard fixture for subdivisions and decide who is going to pay for street lighting. He stated that in his opinion,already established ssuubbddiivviissiioonnss.should be assessed for the cost,and developers should be responsible for new
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May 3, 1995
Page 5
Councilmember Shulman stated that street lights were a benefit to the community as a whole.
He stated that the entire subdivisions should have street lighting.
Mr. Tailford stated that if the Village selected the Holophane fixture,the lights would be
owned by the Village,not Ohio Power,and operating cost would be lower.
Mayor Eisenberg stated that there is no way to tell what the mamtenance cost would be.
Mr.Tailford stated that the Holophane fixtures were of high quality and maintenance should be
low.
Mayor Eisenberg stated that he wasn't suggesting that Council decide tonight on the fixture but
should be able to establish a policy.
Vice Mayor Marshall stated that in his opinion,the improvement policy for streetlights
shouldn't be any different than the policy for water and sewer. Councilmember Freytag stated that he wanted more time to think about the issue. He stated
that perhaps certain subdivisions could be allowed to have nicer street lights if they chose to pay for the
additional lighting.
Mayor Eisenberg stated that the Planning Commission and the Granville Business and
Professional Association should discuss the issue and get back to Council. He stated that Council will
make a decision on the issue after they receive comments from the Planning Commission and the
GBPA.
Ordinance No. 6-95,A "n Ordinance To Amend Section 1157.02 OfThe Granville Codified
Ordinances.
Ordinance No. 6-95 remained tabled.
Ordinance No. 7-95,An Ordinance To Amend Chapter 1149 OfThe Granville Codified Ordinances.
Ordinance No. 7-95 remained tabled.
Ordinance No. 8-95,A "n Ordinance To Amend Chapter 1159 OfThe Granville Codified Ordinances.
Ordinance No. 8-95 remained tabled.
Ordinance No. 9-95,A "n Ordinance To Amend Sections 1189.04 J( )1,189.05 C( )A,nd 1189.06 M( )OfThe Codified Ordinances·OfGranville,Ohio Establishing Sign Regulationsw,"as reintroduced,title read,and moved for adoption by Vice Mayor Marshall. Seconded by Councilmember Bennett.
Roll call vote: Garrett absent,Freytag no,Bennett yes,Montgomery yes,Shulman no, Marshall yes,Eisenberg yes. One member absent,two no votes,and four yes votes. Ordinance No. 9- 95 was adopted.
Ordinance No. 109- 5,A "n Ordinance To Amend Section 351. 16 C( )1()C()OfThe Codified Ordinances OfThe Village OfGranville,Ohiow,"as reintroduced,title read,and moved for adoption by Vice Mayor Marshall. Seconded by Councilmember Montgomery. Roll call voter Garrett absent, Shulman yes,Montgomery yes,Bennett yes,Freytag yes,Marshall yes,Eisenberg yes. Six yes votes, one member absent. Ordinance No. 10-95 was duly adopted.
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Page 6
Ordinance No. 11-95A,n"Ordinance To Vary The Road Widths Within Phase II And Phase
III OfThe Glen At Erinwood Planned Unit Developmentw,"as reintroduced,title read,and moved for
adoption by Councilmember Bennett. Seconded by Vice Mayor Marshall.
Roll call vote: Freytag yes,Bennett yes,Montgomery yes,Shulman yes, Garrett absent,
Marshall yes,Eisenberg yes. Six yes votes,one member absent. Ordinance No. 11-95 was duly
adopted.
Councilmember Bennett stated that he had made several suggestions to be included in the deer
ordinance.He stated that he didn't know if anyone wanted to add additional restrictions or not.
Councilmember Shulman stated that perhaps property owners with deer problems could come
to Council for permission rather than the Safety Director or the Chief of Police.
Mayor Eisenberg stated that that would be time consuming and he thought that Council could
delegate that to the Safety Director.
Law Director Hurst stated that several concerns had arisen since this issue had coine up. He
stated that there is a difference between the governmental function of allowing a hunt to take place
consistent with compliance with ODNR statutes. He stated that the Village would be inserting itself in
passing further judgment on the experience levels of those seeking a permit. He stated that he had
concerns that ifthe Village were to insert itself into that judgment and an accident were to happen,the
liability exposure for the Village could rise.
Councilmember Freytag said he did not want to be jogging down the bikepath wondering if he
might get a arrow in his back, and he didn't want his children to be subject to possible injuries. He
stated that there are certain expectations that come with living in a Village. He stated that he saw no
reason to allow hunting in the entire village. He stated that notifying adjacent property owners would be
helpful,but it would do nothing for persons who happen to be jogging in the area on a given day. He stated that children and their safety should come first. Mr. Freytag stated that he was not saying that
hunting wasn't permissible,however tight restrictions would be needed.
Councilmember Montgomery asked if hunting could be restricted to certain parts of the Village?
Councilmember Bennett stated that the more restrictions added to the ordinance,the more the Village's liability will rise.
After a discussion, Council agreed that the ordinance could restrict the bow hunting to hours after dusk and before dawn,so that the likelihood ofpedestrians being outside is reduced.
Law Director Hurst was instructed to draft an ordinance addressing the situation.
NEW BUSINESS
Resolution No. 95-21,A "Resolution To Establish The Granville Assistant Manager'Vacation Leave For 1995w,"as introduced,read in full,and moved for s Shulman. Seconded by adoption by Councilmember adopted. Councilmember Montgomery.Motion carried. Resolution No. 952-1 was duly
Resolution No. 952- 2,A "Resolution OfNecessity To Construct And Install Sanitary Sewers And Appurtenances In South Main Streetw,"as introduced,read in full,and moved for adoption by
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May 3, 1995
Page 7
Councilmember Shulman. Seconded by Vice Mayor Marshall. Motion carried. Resolution No. 95-22
was duly adopted.
Resolution No. 95-23, " A Resolution To Authorize The Village Manager To Advertise For
Bids For The Impounding OfMotor Vehiclesw,"as introduced,read in full, and moved for adoption
by Councilmember Bennett. Seconded by Councilmember Shulman. Motion carried. Resolution No.
95-23 was duly adopted.
ADJOURNMENT
Councilmember Freytag moved to adjourn the meeting at 10:22 p.m..Seconded by Vice
Mayor Marshall. Motion carried.

Council Minutes April 19, 1995

VILLAGE OF GRANVILLE
COUNCILMEEMG MINUIES
APRIL 19,1995
CALL TO ORDER
Mayor Eisenberg convened the meeting at 7:34 p.m.
ROLL CALL
Those responding to the roll call were:
Councilmember Garrett
Councilmember Shulman
Councilmember Bennett
Councilmember Freytag
Vice Mayor Marshall
Mayor Eisenberg
Law Director Hurst
Manager Plunkett
Councilmember Bennett moved to excuse absentee Councilmember Montgomery.
Seconded by Councilmember Garrett. Motion carried.
PUBLIC HEARINGS
A public hearing was held on Ordinance No. 6-95,A "n Ordinance To Amend Section
1157.02 OfThe Granville Codified Ordinances."
No one was present to speak for or against Ordinance No. 6-95. The public hearing closed
at 7:34 p.m.
A public hearing was held on Ordinance No. 79- 5,A "n Ordinance To Amend Chapter
1149 Of The Granville Codified Ordinances.
No one was present to speak for or against Ordinance No. 7-95. The public hearing closed
at 7:34 p.m.
A public hearing was held on Ordinance No. 8-95,A "n Ordinance To Amend Chapter
1159 OfThe Granville Codified Ordinances."
No one was present to speak for or against Ordinance No. 8-95. The public hearing closed at 7:35 p.m.
REVIEW AND APPROVAL OF MINUTES
The minutes ofthe regularly scheduled meeting ofApril 5, 1995,were presented for review. Vice Mayor Marshall moved to approve the minutes as presented. Seconded by Councilmember Bennett. Motion carried.
MAYOR'S REPORT
TheMayor's Report for the month ofMarch was presented for review. Mayor Eisenberg directed the clerk to file the report. A copy ofthat report is attached as part ofthese minutes.
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MANAGER'S REPORT
The Manager's Report for the month ofMarch was presented for review. Councilmember
Garrett moved to approve the report. Seconded by Councilmember Freytag. Motion carried. A
copy of that report is attached as part ofthese minutes.
CITIZENS COMMENTS
Those signing the register were:
Sally MacPhail, Sentinel Dave Woerner Steve Cartnal
No questions,comments,or concerns were voiced at this time.
COMMITTEE REPORTS
Councilmember Shulman reported on the Tree and Landscape meeting. At that meeting,
Ralph Swartz discussed the budget for the Broadway flower beds. Granflora donated $ 300 of the
406 budgeted for the Broadway Beds project. Mr. Swartz suggested installing a water tap at the
island to water the flower beds. Currently,the volunteers have to drag approximately 300 foot of
hose to water the flower beds.
Manager Plunkett stated that the staff is looking into the situation however,it is going to
cost approximately $ 2,000 to install the tap.
Councilmember Shulman stated that the Commission will be applying for an Urban Forest
Management Grant to be used for management and maintenance of trees. The Arbor Day
celebration will take place at the Elementary School on Friday,April 28. The City ofMansfield
had contacted the Tree and Landscape Commission to get information on how Granville's Tree &
Landscape Commission is structured and to seek assistance on applying for grants.
Councilmember Garrett reported on the Planning Commission meeting ofApril 17, 1995.
At that meeting,the commission discussed Phase II and III ofthe Glen at Erinwood. As a result
of those discussions,an ordinance is scheduled for introduction tonight to vary the road widths of
Longford Drive from 31 feet to 28 feet and vary the cul-de-sacs to 28 foot lanes.
OLD BUSINESS
Ordinance No. 6-95,A "n Ordinance To Amend Section 1157.02 Of The Granville
Codified Ordinancesw,"as reintroduced,title read,and moved for adoption by Vice Mayor Marshall. Seconded by Councilmember Garrett.
Councilmember Bennett stated that he felt Ordinance 7-95 basically indicated that houses that presently contain a non conforming use might not be able to have that non conforming use if the property is sold. He stated that the Board ofZoning and Building Appeals would have to approve the issue. He stated that he did not know how many businesses the ordinance would affect,but he wanted to make sure that a financial detriment was not created. He stated that he
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April 19, 1995
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could not intelligently vote on the Ordinance unless he knew how many businesses would be
affected.
Manager Plunkett suggested tabling the ordinance until the next Council meeting when
Village Planner Doug Tailford would be present to answer questions.
Law Director Hurst stated that he and Doug Tailford had spent a considerable amount of
time reviewing the ordinance and the relationship in Ordinance No. 6-95,7-95, and 8-95 is fairly
tight. He stated that if Council wanted to table one of the ordinances,he strongly suggested
tabling all three ordinances.
Vice Mayor Marshall withdrew his motion to adopt Ordinance No. 6-95. He then moved
to table Ordinance No. 6-95, Ordinance No. 7-95, and Ordinance No. 8-95. Seconded by
Councilmember Bennett. Motion carried.
Vice Mayor Marshall noted that no one had been present to discuss the three ordinances.
NEW BUSINESS
Ohio Department ofNatural Resources Wildlife Forester Levi Jerkins was present to
discuss the East Granville Deer problem. Mr. Jenkins stated that everyone has different opinions
on the deer issue. He stated that what some people feel is a nuisance,other people may not,and
that some people feed deer,while their neighbors complain about deer damage done to their
shrubs. Mr. Jenkins informed Council ofthe history of deer and oftheir breeding habits. He stated
that the deer herd in Ohio has increased and that deer is the largest game animal in Ohio. The only
proven way to control the deer is a legal harvest. He stated that deer are hard to count because
they run in a 2 1/2 mile range,making it difficult to get an actual count in one given area. He
stated that if one calls the Department ofNatural Resources with a deer complaint, representative from the a Department of Wildlife goes to the property to inspect the deer damage
and fills out a form that is kept on file with ODNR. A booklet explaining ways to control damage
is given to the property owner.He stated that there are several ways to try to control deer,but the
best way is by hunting. He stated that on an authorized deer kill,residents can get a permit from
ODNR and have someone come on to their property to shoot the deer. The Department of
Natural Resources will put a limit on the number of deer to be killed,depending on the amount of damage and size ofthe herd. He stated that there is no natural predator for deer in Ohio and that is why some areas get over populated with them. He stated that the deer herds increase about
50%each year,doubling in three years.
Mr. Jenkins stated that when ODNR receives a complaint, a form to permit a harvest of deer is filled out. The permit must designate who will be hunting the deer and how many deer can be harvested. ODNR checks applicants'violation record,and ifthe named hunter is not on file with ODNR,they will be given permission to kill the deer. Ifthe individual is on file with ODNR
as some sort ofviolator,that person will not be allowed to hunt. The permit to harvest is valid for whatever time frame the ODNR issues it. Under the permitted kill,shining is permitted because the deer is a problem and the idea is to get rid ofthe problem deer. After ODNR gives the permit to harvest, a form is given to the shooter to fill out,the landowner signs and keeps a copy ofthe form,and a copy is sent to ODNR. Another copy is given to the processor to authorize the processor to butcher the deer. The permit can be issued at any time because the purpose is to control the deer. He stated that ODNR requires that ifthe deer antlers are greater than 5 inches,
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April 19, 1995
Page 4
they must be turned over to the department because the permit is to control a problem and not to
trophy hunt. He stated that ifa complaint is received,ODNR will come out and investigate the
problem and will issue a permit based on the actual sustained damage. If it is clear that there is
deer damage,ODNR won't decide to what extent the damage is. Ifthere is damage concern
expressed by the property owner and ODNR identifies that the damage is from deer,the permit to
kill.will be issued. ODNR doesn't determine what extent is extreme.
Manager Plunkett stated that the Village is seeing a problem because there is now housing
where once were open fields,and property owners have planted expensive shrubbery,now being
destroyed,frustrating property owners. He asked Mr. Jenkins for suggested solutions to the
problem.
Mr. Jenkins suggested that the Village conduct an open bow season within the Village
limits. He stated that then the hunter is responsible for his actions on private property. He stated
that the property owner is not liable for hunters' actions ifthe hunter has permission from the
property owner to hunt.
Councilmember Bennett questioned whether a community that did not ordinarily allow
hunting would have to roll back the entire ordinance to allow a one time deer kill?
Mr. Jenkins stated that under the ODNR permit,if your property is within city limits,the
hunt must be cleared through the city.
Manager Plunkett asked ifthe hunt could be authorized through the police department and
ifODNR would be willing to help with the deer kill?
Mr. Jenkins stated that right now the ODNR couldn't help because they do not have
enough help and that the Police Department would not be able to handle all the deer problems.
Mike Wilson stated that he had spoken to several communities and learned that the
municipalities can structure a deer kill anyway they want to. He stated that the municipality could
set up a shooting range and have only qualified shooters kill deer. He stated that in his opinion,
the only way to regulate the deer is to authorize a bow kill.
Manager Plunkett stated that he had heard that the Salvation Army makes use of deer meat.
Police Chief Steve Cartnal stated that he wondered how big the deer problem really He stated that the police department had was. not received any complaints.
Manager Plunkett stated that he had had approximately twelve complaints in the last year. Councilmember Bennett stated that there was a fairly significant deer herd in the area and
that the Village should allow some provision for relief to those individuals who are complaining about the problem. He stated that ifthe hunters went through the appropriate procedures and received the property owners'permission,bow hunting should be allowed in east Granville.
Law Director Hurst asked ifMr. Jenkins was aware of any jurisdictidns that had additional restrictions in addition to permission from ODNR?
Mike Wilson stated that it was his understanding that the municipality could impose any restrictions that they wanted to.
Councilmember Shulman asked if the deer would leave the area once the area became
more populated?
Mr. Jenkins stated that no,deer needed some things in life as humans,and would adapt to the human way of life.
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April 19, 1995
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Law Director Hurst stated that Granville's current ordinance could be amended. He stated
that he would like to have some guidelines from Council as to whether deer hunting will be
permitted or the Village would be limiting the hunt to open season. He stated that once all the
parameters were acquired,he could write a rough draft ordinance. He stated that there was no
point in drafting something comprehensive until Council decides all the parameters.
Councilmember Freytag stated that he could not see opening up the entire Village to
hunting because of safety issues and concerns. He stated that any deer hunting ordinance would
need very tight restrictions.
Councilmember Bennett stated that he would put some information together and see if he
could draft a rough ordinance.
Mayor Eisenberg stated that Council would discuss the issue again when the model
ordinance is presented.
Ordinance No. 9-95,A "n Ordinance To Amend Sections 1189.04 i(),1189.05 c( )A,nd
1189.06 m( )OfThe Codified Ordinances OfGranville,Ohio Establishing Sign Regulationsw,"as
introduced and its title read by Councilmember Garrett.
Mayor Eisenberg set the public hearing on Ordinance No 9-95 for May 3, 1995, at 7:30
P.m.
Ordinance No. 109- 5,A "n Ordinance To Amend Section 351. 16 c( )1()c()Of The
Codified Ordinances Of The Village OfGranville,Ohio,w"as introduced,and its title read by
Vice Mayor Marshall.
Mayor Eisenberg set the public hearing on Ordinance No. 10-95 for May 3, 1995, at 7:30
P.m.
Ordinance No. 11-95, A"n Ordinance To Vary The Road Widths Within Phase II And
Phase III Of The Glen At Erinwood Planned Unit Developmentw,"as introduced,and its title
read by Councilmember Bennett.
Mayor Eisenberg set the public hearing on Ordinance No. 11-95 for May 3, 1995, at 7:30 P.m.
Resolution No. 95-19,A "Resolution To Authorize The Village Manager To Advertise For Bids For Painting and Striping OfStreetsw",as introduced,read in full,and moved for
adoption by Councilmember Shulman. Seconded by Councilmember Garrett. Motion carried. Resolution No. 95-19 was duly adopted.
Resolution No. 952- 0,A "Resolution To Authorize The Village Manager To Seek Proposals For Property And Casualty Insurance Coverage For The Period 1995 Through 1998",
was introduced,read in full,and moved for adoption by Councilmember Garrett. Seconded by Vice Mayor Marshall. Motion carried. Resolution No. 95-20 was duly adopted.
Manager Plunkett stated that Council needed to make a decision concerning what the Village should do about street lights in subdivisions.
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April 19, 1995
Page 6
Councilmember Shulman asked if the staff was pursuing the subdivision regulation
changes.
Manager Plunkett answered yes,however,Council needed to decide what type of light
fixture should be used.
Mayor Eisenberg stated that the issue could be put on the next Council agenda.
Mayor Eisenberg stated that Council had received a request from Jeffrey Hill to operate a
hot dog vending cart on the public sidewalk in downtown Granville. After a discussion,Mayor
Eisenberg stated that Council should first decide ifthis is something that the Village would like to
see in the downtown area.
Councilmember Bennett stated that he did not mind the activities on the sidewalks for
short periods,but this request was for a substantial amount of time. Council agreed that they
would not like to see vending activities for a substantial amount oftime on the downtown
sidewalks.
Mayor Eisenberg directed Manager Plunkett to inform Mr. Hill that his request had been
denied.
MEETING ANNOUNCEMENTS
A Council tour ofVillage facilities is scheduled for Saturday,April 22, 1995, at 8:00 a.m.
ADJOURNMENT
Councilmember Bennett moved to adjourn the meeting at 9:23 p.m. Seconded by Councilmember Garrett. Motion carried.

Council Minutes April 5, 1995

VILLAGE OF GRANVILLE
COUNCIL MEEONG MINI]TIES
APRIL 5,1995
CALL TO ORDER
Mayor Eisenberg convened the meeting at 7:33 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
Manager Plunkett
Mayor Eisenberg reminded Council that a time needed to be set for the annual tour of village
facilities. He stated that Council also needed to walk around Wildwood Park to see where the
Recreation Commission wanted to expand the parking lot. Council scheduled the tour for Saturday,
April 22,1994,at 8:00 a.m.
REVIEW AND APPROVAL OF MINUTES
The minutes of the regularly scheduled meeting ofMarch 15, 1995,were presented for review.
Councilmember Bennett moved to approve the minutes as corrected. Seconded by Councilmember Montgomery.Motion carried.
CITIZENS COMMENTS
Those signing theregister were
J. Siegel
Greg Nutter
S. MacPhail
Noni Nutter
Greg Frazier Andy Merkle
Noni Nutter,proprietor ofWillowood,stated that when Council she would considered the sidewalk cafes, like to see that there is enough clearance in front ofher doorway. She stated that it is sometimes hard to get into her doorway when Brew's outdoor cafe is set up. Robert Allen,proprietor ofBrews Cafe,stated that he agreed to keeping an 8 foot right ofway in front ofWillowood's door way,provided that Ms. Nutter did not put any items outside for sale. He stated that it was difficult to have an easwt/est corridor when you have people going north and south and there is only a 15 foot sidewalk.
Ms. Nutter stated that she only displayed items outside her store when they did not have a sign. She stated that she would like Brew's to show a little consideration with their serving cart.She stated that when the serving cart is in front ofher store,it is like walking through the kitchen to get to her business. She stated that the serving cart sometimes blocks the entrance to her store. Mayor Eisenberg stated that those problems needed to be worked out with Mr. Allen. Ms. Nutter asked ifshe would be able to participate in the annual sidewalk sale?
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April 5, 1995
Page 2
Mr.Allen stated that he had no problem with her participating in the sidewalk sale.
COMMITTEE REPORTS
Councilmember Garrett reported on the Planning Commission meeting of April 3, 1995. At
that meeting,the commission approved a sandwich board sign,approved two architectural review
plans,and made recommendations regarding Brew's Cafe and Victoria's Parlour outdoor cafes.
Vice Mayor Marshall reported on the Planning Commission meeting of March 20, 1995.
Several housekeeping items had been addressed,followed by an extensive worksession with Bob
Evans and SuperAmerica representatives.
Mayor Eisenberg stated that he understood that several questions had been raised related to the
architectural flavor of Bob Evans and SuperAmerica and he was somewhat disturbed to see the
preliminary plans had been ignored despite receipt of village guidelines from the Village Planner.
Councilmember Freytag reported on.the April 4, 1995,Recreation Commission meeting. The
Commission had discussed several housekeeping items such as 4th of July Bingo,the Concert on the
Green,and the Spring Program that is now underway. The main item of discussion had been the
expansion ofthe Wildwood Park parking lot. He stated that he had reported back to the Commission
Council's desire to approve the project. He stated that the commission understands the concern about
cutting down several trees. He stated that the commission wants to go forward soon because they
would like to use the dirt from the sewer construction project.
Councilmember Garrett statedthat in her opinion,the Planning Commission or the Tree &
Landscape Commission shouldtake a look at the proposal and approve it.
Councilmember Freytag stated that the commission recognized the and need for Council approval they are still interested in the project and would like Council to consider it.
Councilmember Garrett stated that she wanted to see the plans before she approved anything. After a discussion,Mayor Eisenberg asked Mr. Freytag to get Council a copy of the proposed plans before the village facilities tour on April 22, 1995.
NEW BUSINESS
Tree & Landscape Commission
Manager Plunkett stated that the Tree L&andscape Commission was present to give their opinion on the removal of the Norway spruce trees at the Presbyterian Church.
Jim Siegel,Tree L&andscape Commission Chairman,stated that he had provided Council with a copy ofGreg Fraizer's landscape proposal for the church. He stated that the Tree L&andscape Commission had suggested several changes in Mr. Fraizer's plan. He stated that the Commission had viewed the site and agreed to the removal ofthe trees. He stated that the commission recommended that the dogwood on the east side ofthe church remain in its present location,and that two additional ddeosgiwgono. ds be included in the landscape plan,one to screen the alley and the other to balance the overall
Mr.Fraizer stated that when talking to the members ofthe church,they disagreed with the planting ofthe dogwood tree on the southwest corner ofthe church for two reasons: one was traffic, and the other was that they did not think it was their responsibility to provide screening for Pinkertons.
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April 5, 1995
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Councilmember Garrett stated that she respected the Tree & Landscape Commission however,
they seemed to be second guessing a professional landscaper.
Mayor Eisenberg stated that he did not think Council should be trying to micro manage the
project.He stated that the main question was the removal ofthe two big Norway Spruce trees.
Councilmember Garrett stated that often times people plant trees without thought as to their
eventual growth. She stated that now the pine trees are detrimental to the church,are doing the damage to church,and hide the church.
Mayor Eisenberg stated in his opinion,Council should approve the removal of the trees and ask
Mr. Frazier to give consideration to the Tree ahd Landscape Commission's suggestions without
anything binding.
Councilmember Shulman stated that Council passed the Tree and Landscape Ordinance and should use it in determining the matter.
Mayor Eisenberg stated that he did not see the church as the right-of-way. He stated that in his opinion,it was like a home on leased property.
Mr. Siegel stated that perhaps the church would work with the Tree and Landscape
Commission.He stated that the commission had funds available for memorial tree plantings and perhaps a memorial dogwood tree could be planted at the church.
Councilmember Bennett stated that with respect to the Tree & Landscape Commission,he did
not like to see those old trees come down but,if it is recommended that they come down,Council should defer to the recommendation.
Councilmember Shulman stated that he was reluctant to see the western most tree be taken
down.He stated that the tree on the east is closer to the building and blocks the entrance to the church. He stated that the western most tree improves the aesthetics of the four corners. Vice Mayor Marshall stated that he agreed that the Village is losing many big trees and Council should try to keep one of the trees.
After a discussion,a show ofhands vote was taken: those approving the removal of the trees SwheurelmGaan.rrett,Bennett,Montgomery,and Eisenberg. Those opposing were Freytag,Marshall,and
Manager Plunkett stated that the Church will be responsible for the removal ofthe trees and not the Village.
Mayor Eisenberg stated that the majority ofCouncil had approved the removal of the spruce trees.He stated that Council recommends that the Church and Mr. Frazier consult with the Tree & Landscape Commission without anything binding on the church.
Sidewalk Cafes
Councilmember Bennett stated that he was concerned with the restriction that the umbrellas be subject to the sign ordinance and Planning Commission review.He stated that under the sign code,he did not see where umbrella's are listed as a sign.
Mayor Eisenberg stated that the umbrella signs had been discussed before and the majority of Council felt that the umbrellas are typical ofwhat one sees all over the world and there is no reason Planning Commission should review them.
Councilmember Garrett stated that the Planning Commission had been divided on the umbrella issue. She stated the Planning Commission made the recommendation that the umbrellas be reviewed because they felt the umbrellas advertised products and were therefore signs.
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April 5, 1995
Page 4
Councilmember Garrett stated that Brew's Cafe should be sure that the west side of the cafe
has 8 foot clearance for pedestrian passage.
After a discussion,Council eliminated the Planning Commission's request to have the
umbrellas approved under the sign code.
Councilmember Shulman introduced,read in full,and moved for adoption Resolution No.95-17,
A Resolution To Authorize The Non-Permanent Installation OfA Sidewalk Cafe On The Public Sidewalk At
128 East Broadway In Front OfThe Business Known As B"rew's CafeS"u,bject To RestrictionsM".otion
seconded by Councilmember Freytag. Motion carried. Resolution No. 95-17 was adopted.
Resolution No. 95-18,A "Resolution To Authorize The NonP-ermanent Installation OfA Sidewalk
Cafe On The Public Sidewalk At 134 East Broadway In Front OfThe Business Known As " Victoria's Parlour",
Subject To Restrictionsw,"as introduced,read in full,and moved for adoption by Councilmember Garrett.
Seconded by Vice Mayor Marshall. Motion carried. Resolution No. 95-18 was adopted.
Resolution No. 95-14,A "Resolution OfAppreciation To Robin Feil For Service To The
Village of Granville Through Her Participation On The Joint Parks And Recreation Study Committee",
was introduced,read in full,and moved for adoption by Vice Mayor Marshall. Seconded by
Councilmember Garrett. Motion carried. Resolution No. 95-14 was adopted.
Resolution No. 95-15,A "Resolution OfAppreciation To Howard Garrett For His Service To
The Village OfGranville Through Participation On The Joint Parks And Recreation Study
Committeew,"as introduced,read in full,and moved for adoption by Councilmember Montgomery.
Seconded by Vice Mayor Marshall. Motion carried. Resolution No. 95-15 was adopted.
Resolution No. 95-16,A "Resolution OfAppreciation To Patty Magnuson For Her Service To The Village Of Granville Through Participation On The Joint Parks And Recreation Study
Committeew,a"s introduced,read in full,and moved for adoption by Councilmember Bennett.
Seconded by Councilmember Garrett. Motion carried. Resolution No. 95-16 was adopted.
Ordinance No. 6-95,A "n Ordinance To Amend Section 1157.02 OfThe Granville Codified Ordinancesw",as introduced and its title read by Vice Mayor Marshall.
Mayor Eisenberg set the public hearing on Ordinance No. 6-95 for April 19, 1995 at 7:30 p.m.
Ordinance No. 7-95,A "n Ordinance To Amend Chapter 1149 OfThe Granville Codified Ordinancesw,a"s introduced and its title read by Councilmember Shulman.
Mayor Eisenberg set the public hearing on Ordinance No. 7-95 for April 19, 1995 at 7:30 p.m.
Ordinance No. 8-95,A "n Ordinance To Amend Chapter 1159 OfThe Granville Codified Ordinancesw,"as introduced,and its title read by Councilmember Garrett.
Mayor Eisenberg set the public hearing on Ordinance No. 8-95 for April 19, 1995,at 7:30 p.m.
Councilmember Bennett stated that he had reviewed the proposed sign code changes for neon signs and in his opinion,the first four provisions were an appropriate reflection ofthejoint meeting . He stated that in his recollection,the last two items had not been discussed at the joint meeting and if they are included,Council will have set the condition that no neon signs are allowed. He stated that
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Village of Granville
Council Meeting Minutes
April 5, 1995
Page 5
most of the neon signs in the Village consisted of more than one color and most neon signs made
reference to brand names. He stated that if Council agreed to those conditions,most neon signs in the
Village would be eliminated and that is not what Council had agreed to. He stated that if Council
agreed to having only one neon sign per business,there were at least three,perhaps four businesses
that have at least two neon signs.
After a discussion,Mayor Eisenberg stated that the proposed changes should be put into
ordinance form with the exception of items 5 and 6,and that existing neon signs be grandfathered and
any new neon signs be limited to one per business.
Councilmember Bennett stated that he had been approached by several individuals concerning
the deer problem at the east end of the Village. He stated that he had tried unsuccessfully to contact the
state wildlife representative in the area because the representative had reviewed the situation and is in
agreement that the herd has become a nuisance and he is concerned that the deer may be reaching a
starvation point. He stated that the concern is " what can the Village currently do with the ban on
hunting in the VillageH?e"stated that perhaps the Village could authorize a limited bow hunt to thin
out the herd but,that would require the Village to declare a public safety emergency.
After a discussion,Law Director Hurst stated that there would be an option to limiting the
number of license to be issued and having rigorous criteria as to who would be qualified to hunt in
those areas. He stated that the Village would be able to control the hunters by individual qualifications
and the limited number of licenses. He stated that the issue ofprivate property vs. public property
would also need to be.looked at. He stated that the Village can't order hunters to go onto private
property to kill deer ifthe property owner doesn't want the deer killed.
Councilmember Bennett stated that he would contract Levi Jenkins from ODNR to see if he
would come to Council and talk about the problem.
Councilmember Garrett asked ifManager Plunkett needed any feedback on street lighting?
Manager Plunkett stated that Village Planner Doug Tailford had distributed a memo to Council
concerning street lights. Mr. Plunkett stated that council should consider the memo carefully and let
him know their thoughts. He stated that the Village has had one request for street lights in Erinwood
and that the Bryn Du developer had installed gas street lights there at his expense. He stated that the Village has several options concerning the matter.
Councilmember Freytag questioned why Ohio Power had only one type of light.
Manager Plunkett stated that he had discussed the issue with Ohio Power and Ohio Power answered that they were in the business of supplying electricity and not lights.
Councilmember Freytag asked how the situation had been handled in the past? Manager Plunkett stated that Council had never had to deal with the issue before.
Councilmember Freytag stated that the Council should see how other municipalities handled the situation.
Councilmember Shulman stated that perhaps street lighting should be addressed in the subdivision regulations.
Councilmember Freytag asked how the street lighting would be funded?
Manager Plunkett stated that the issue was a Council decision that could be handled through special assessment or anyway Council desired.
Councilmember Montgomery asked ifthis was an issue that needed to be looked at by the Street Committee?
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April 5, 1995
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Manager Plunkett stated that the issue could possibly go to the street committee,however,the
entire council needed to look at the matters as a money issue and a safety issue.
After a discussion,Vice Mayor Marshall requested that Village Planner Doug Tailford look at
the subdivision regulations to include street lights as the developers responsibility.
Councilmember Freytag stated that he was concerned with the terms of financing. He stated
that he would like to see how other municipalities are handling the situation.
ADJOURNMENT
Councilmember Bennett moved to adjourn the meeting at 9:20 p.m. Seconded by Vice Mayor
Marshall.Motion carried.

Council Minutes March 15, 1995

VILLAGE OF GRANVILLE
COUNCIL MEETING MINUTES
MARCH 15, 1995
CALL TO ORDER
Mayor Eisenberg convened the meeting at 7:33 p.m.
ROLL CALL
Those responding to the roll call were:
Councilmember Garrett
Councilmember Shulman
Councilmember Montgomery
Councilmember Bennett
Councilmember Freytag
PUBLIC HEARINGS
Vice Mayor Marshall
Mayor Eisenberg
Law Director Hurst
Manager Plunkett
A public hearing was held on Ordinance No. 5-95,A 'n Ordinance To Repeal Section 1176.04
e)Of The Codified Ordinances Of The Village Of Granville."
No one was present to speak for or against Ordinance No. 5-95. The public hearing closed at 7:33 p.m.
REVIEW AND APPROVAL OF MINUTES
The minutes of the regularly scheduled meeting of March 1, 1995, were presented for
review. Councilmember Bennett moved to approve the minutes as corrected. Seconded by Councilmember Freytag. Motion carried.
MAYOR'S REPORT
The Mayor's report for the month of February was presented for review.Mayor Eisenberg directed the clerk to file the report. A copy is attached as part of these minutes.
MANAGER'S REPORT
The Manager's report for the month of February was presented for review. Vice Mayor Marshall stated that the beginning and ending balance on the year to date finances was incorrect on the first page of the report.Manager Plunkett stated that he would double check the figures. 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:
Louise Denny Douglas Kaiser Frank Brauner Sally MacPhail
Doug Kaiser of the Granville Land Conservancy stated that he and Louise Denny were present to explain a reforestation plan that they had put together and are supporting the plan financially for Raccoon Valley.Mr.Kaiser presented Council with a map and a plan for the project and read the plan to Council.A copy of that plan is attached as part of these minutes. He stated that athnedhie,tohpamd ospwoinkgen with the State Urban Forester who said the first step would be to mark off an area or burn the area.
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March 15, 1995
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Louise Denny stated that she first thought the Granville Land Conservancy could help the
Kiwanis by planting sugar maples along the creek. She stated that she had gotten a price list from a
wholesaler and contacted a representative from Dawes who had given her a book on soils. She
stated that the book has a list of trees that grow well in swampy soils and states that Sugar Maples
do not do well. She stated.that she had spoken with Marc Brockman who had said one may want to
try planting sugar maples there to see what happens. She stated that if the Village would consent to
stop mowing in an area, perhaps some trees would grow. She stated that upon entering into
Wildwood Park, across the bike path, there is an area when trails are marked. She stated that one of
the trails follows the stream and they would like to plant a few large trees in the area. She stated that
they have the money to support the planting but time is now of the essence.
Councilmember Shulman asked if the land in that area was all Village land?
Manager Plunkett stated that the area around the water plant is Village land.
Mr. Kaiser stated that the map presented is a map that was put together several years ago and its intent was to show the general area the Land Conservancy wants to reforest.
Manager Plunkett asked if the area had been marked off in any way so that the Utilities
Department could make sure there are no problems. He stated that the Village may need to get EPA
approval for the plantings.
Ms. Deny stated that the Land Conservancy realized that the planting is a gamble, but they
are looking at trees that grow well in swampy areas.
Councilmember Freytag asked how many trees were gong to be planted?
Ms. Denny stated that they had planned to plant 100 trees but then decided that they should
have the holes predug. She stated that it may be a little less than 100 trees depending on the cost.
Manager Plunkett stated that the Village has an Ordinance that requires property be twice mowed a year. He stated that the Ordinance may need to be modified.
Councilmember Freytag asked.if there was a long term plan for the land in that area? Manager Plunkett stated that there wasn't a long term plan for the land but it was in the Water Shed Protection District.
Councilmember Freytag stated that the Recreation Commission occasionally referenced that area as potential recreation land.
Mayor Eisenberg stated that he had no objection to the tree plantings.
Councilmember Shulman stated that the Land Conservancy should keep the Tree & Landscape Commission informed of the project's progress.
Manager Plunkett stated that he would check to see that the all the land is Village property. Ms. Denny asked if it would be possible to get some wood chips from the Village and if the trees could be dropped off at the Service Department?
Manager Plunkett stated that after the first brush pick up there would be wood chips caovnavilaebnlieen. Ht.e stated that if the trees were dropped off at the water department it may be more
COMMITTEE REPORTS
Councilmember Shulman reported on the March 14, 1995, Tree and Landscape Commission meeting.At that meeting, the commission had been informed that Ralph and Linda Swartz would be taking care of the flower beds again this year.The Presbyterian Church's request for removal of two pine trees was discussed. The request is still pending, awaiting a necessary landscape plan. The commission discussed the possibility of an Arbor Day activity of planting trees on Granger Street near the Elementary school, and perhaps having students take part or witness the event.The commission felt that having the Village bucket truck at the site that day would be a good idea. Pruning and removal of trees had also been discussed. According to the inventory list,57 trees are listed as Priority one in terms of removal, with 40 of those trees being sugar maples. Don Lewis had
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Council Meeting Minutes
March 15, 1995
Page 3
attended the meeting to review the maple syrup project, now complete. The Kiwanis' produced 90 to
100 gallons of sap. More syrup had come from sugar maple camps. The Kiwanis' found five existing
historical sugar camps, two of which they plan on utilizing next year for a majority of the sap
collection. The Kiwanis would like to limit tapping village trees to a minimum but, perhaps tap a few
Village street trees for publicity.Although no action was taken, the commission discussed setting a
policy for tapping in the Village by perhaps stating a total number of trees that can be tapped each
year, how many buckdts per tree, and varying the height of the taps.
Councilmember Freytag reported on the March 6, 1995, Union Cemetery Board meeting.
The Board had applied for and received a $3,000 grant which will be used for landscaping the
cemetery.The preservationists from Massachusetts are being asked to return to Granville in April
and again in July or August to help restore the cemetery.A walking tour of the cemetery has been
scheduled for May.
Councilmember Freytag reported on the Recreation Commission meeting. He stated that in
past committee reports he had mentioned the problem of getting a quorum to conduct business at
the Recreation Cominission meetings. There are 18 members on the board, requiring nine members
for a quorum. Because of the attendance problem, the quorum was reduced to 1/3, which then
required 6 members be present to conduct business. Mr. Freytag stated that he was bringing this to Council's attention because its relationship to the Joint Parks and Recreation Commission' proposal. He stated s that as he understood the proposal, the recommendation of the committee had been to create two separate entities, one to be the existing entity to handle programs, and a new, second entity to handle acquisition of land and maintenance.
Mr. Freytag stated that given the proposed tax levying power, attendance is pertinent. He stated that there had been considerable discussion of the study commission's recommendation and the commission liked the idea in principle. He stated that the main reason is that the commission
feels hampered in providing new facilities. There is a scheduling problem with the school's gym, and the commission does not have a gym of their own. This year, more students have signed up for baseball than ever before. He stated that the commission liked the idea of acquiring new land on which to build new facilities, but felt there may be a problem with two separate entities. He stated that concern had been expressed that the two entities would be too decentralized and there had been concern with the separate levies for each entity. He stated that if one levy passed and the other didn't, there might be problems.
The board had filled one of the vacancies on the commission. Ned Roberts filled that position. The final matter discussed had been the Recreation Commission's proposal to fill in the low area at Wildwood Park at the end of the new road. He stated that there is now no way to get to the bmaacdkesaevcatiiolanb_olen the south side of the bike path. The cominission feels that more parking could be by having a road to that area.
Assistant Village Manager Joe Hickman stated that there is a 300 foot easement around each wel'l. He stated that the Village needed to be careful because they are getting close to the well field, particularly public water supplywell3#and someday may need to install well4#or 5#. Mr.Freytag stated that the commission had tentatively approved the project. He stated that some people felt that the matter should be discussed and approved by Council. decisionM. ayor Eisenberg stated that the Council needed to go walk that area and then make a
Mr.Freytag stated that the Recreation Commission felt this to be an opportunity with time being an important factor because of the sewer construction. Because of the sewer work,the ecoxpmemnsisivseio.n felt that they could get the excess dirt and if they waited,the project may be too
able to fVillicine tMhaatyor Marshall stated that the area was'in the flood plain and the Village may not be area.
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Council Meeting Minutes
March 15, 1995
Page 4
Manager Plunkett stated that he would direct Mr. Hickman to have the utilities department
take a look at the plan and give Council a report on the matter. He stated that he would also have
Village Planner Doug Tailford take a look at the matter from a wetldnds protection perspective.
Mr. Freytag stated that approval of the filling was tentative if the plan could be worked out.
He stated that the commission is not "plowing forward"on the project.
Councilmember Bennett stated that the plan for a possible memorial for the American
Veterans is underway. He stated that hg is working with the Kiwanis to set up something for the 4th
of July. He stated that now they are talking about a possible float with a few young men from the
high school dressed up in uniform and have the Granville World War 11 Veterans on the float also. He
stated that they are working with the County to see if a special token could be presented at some
specialproceeding. He stated that perhaps one ·of the bands at the 4th of July could play music at the some war same time.
OLD BUSINESS
Ordinance No. 5-95, A' d Ordinance To Repeal Section 1176.04 e( )Of The Codified
Ordinances Of The Village Of Granville,"was reintroduced, title read, and moved for adoption by Vice Mayor Marshall. Seconded by Councilmember Shulman.
Roll call vote: Garrett yes, Shulman yes, Montgomery yes, Bennett yes, Freytag yes, Marshall yes, Mayor Eisenberg yes. Seven yes votes. Motion carried. Ordinance No. 5-95 was adopted.
NEW BUSINESS
Joint Parks &Recreation Study Committee
Committee Member Howard Garrett stated that the committee had submitted their final
report to Council several weeks ago. He stated that Council could pass or reject the report but, he would like to point out that the Village has a manager,a police department, a utilities department etc. He stated that those departments don't do whatever they want, they all must work together. He stated that there is some coordination among the departments and it would be the same with the two separate committee entities. He stated that the committee is sugesting that some type of recreation organizdtion be in place.
Robin Feil, also a member of the joint Parks and Recreation Study Committee stated that the Recreation Commission seemed concerned with separation of the maintenance entity from the planning entity. She stated that the two entities could work together and know what each entity is doing. The committee does not see communication as a problem and, the Joint Parks and iRsedcoreinagti.on Committee could attend each other's meetings and both stay informed of what the other
Mayor Eisenberg stated that through no fault of the committee, a wiJd card had been thrown into the picture. He stated that with the potential merger of the Village and Township, he was inclined tcoowmamititutenetil' Council had.some idea what was going to happen with the merger before acting on the s proposal.
Councilmember Shulman stated that he agreed that Council should wait to make a decision. He stated that one of the rallying points for the merger could be the recreation concerns. He stated that he did not think Council should make any moves on the matter until it was known if a merger committee would be formed. He stated that thd merger committee would be able to use the Joint Parks and Recreation Committee's report in their studies. - Councilmember Garrett stated that when she and Councilmember Montgomery originally went to the Township Trustees concerning the Joint Parks District.they had no idea that the merger
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Council Meeting Minutes
March 15, 1995
Page 5
issue would come in to play. She stated that Council appreciated all the work that the study
committee had put into their report.
Mr. Garrett stated that it would be several years before the merger issue would be resolved.
He stated that between now and then, there would be opportunities to acquire land, and land is
getting more and more scarce.
Councilmember Bennett asked if an official move was needed to accept the report?
Mayor Eisenberg stated that the final report had been received and Council accepts it with
sincere thanks to the committee for their efforts.
Ms. Feil stated that one person on the committee is very concerned that time is of the
essence. She stated that he is concerned that if one does not get on the project right away, the
Village will miss out on opportunities. She stated that currently no one is in charge of looking for park
lands.
Mayor Eisenberg stated that as soon as the Council has an indication on how the merger
study is going, Council would take action on the Joint Parks and Recreation Commission Study's
final report.
Ms. Feil asked if the merger study fails, did Council think their proposal was a good idea?
Vice Mayor Marshall stated that by creating a new taxing authority, the issue may be
unpopular with the voters.
Manager Plunkett stated that the Village currently has a Park Lands Reserve Fund with close
to $60,000 balance. The Village Planner has identified parceIs of land throughout the Village and
Township for parklands. He stated that the Village owns 19 acres south of the bike path that could
be converted into parklands and that those lands are waiting for someone with a desire to develop
them as park lands.
After a discussion, Mayor Eisenberg thanked the committee for their efforts and stated that
Council appreciated all their work.
Councilmember Bennett expressed concern with the South Licking Watershed Conservancy
District's comments that the County Commissioners were levying assessments to municipalities. He
stated that he did not see anything that would benefit Granville by their plan. He asked if Council
should pass a resolution stating that they are against the plan?
After a brief discussion, Mayor Eisenberg directed Manager Plunkett to draft a letter to the
County Commissioners stating Council's position that Granville is not interested in their plan.
Councilmember Garrett questioned if Manger Plunkett needed feedback concerning the
Welsh Hills School sewer?
Manager Plunkett stated that the Welsh Hills School had questioned their obligation to
construct the sewer. He stated that the Village is presently asking SuperAmerica and Bob Evans to
do the same thing. He stated that the Village has an ordinance that states that sewers will be built
from property line to propertyline. He stated that the sewer has to be built along Westgate Drive and
the people on Westgate Drive aren't in need of the sewers.
Councilmember Montgomery asked if the Welsh Hills School would be assessed for the
sewer across their property.
Manager Plunkett answered yes and stated that the school would also be assessed for the
frontage on the private drive. He stated that the people on Westgate Drive will be paying a portion of
the cost too.
Vice Mayor Marshall stated that Council had already been generous by waiving the public
use fees for Welsh Hills School.
Mayor Eisenberg stated that the school was a private enterprise and he didn't view the
school any differently than any other private enterprise. He stated that there seems to be no end to
the appeals of the Welsh Hills School. He stated that he did not favor giving the school any further
relief from the cost of developing.
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Council Meeting Minutes
March 15, 1995
Page 6
Councilmember Montgomery asked if the Village staff were still working on facts and figures
for the cost difference of the sewer line for SuperAmerica and Bob Evans?
Manager Plunkett answered yes. He stated·that SuperAmerica insisted that the figures
provided by Bird &Bull are smaller than the figures from their engineer.
Manager Plunkett stated that the Police Department would like to participate in the Police
Olympics. He stated that the entry fee Is $125 and felt that the Village should sponsor the team this
year.
Council agreed to pay the $125 entry fee.
MEETING ANNOUNCEMENTS
The next Council meeting will be April 5, 1995
The next Planning Commission meeting will be March 20, 1995.
ADJOURNMENT
Councilmember Garrett moved to adjourn the meeting at 9:12 p.m. Seconded by Vice Mayor Marshall. Motion carried.

Council Minutes March 1, 1995

VILLAGE OF GRANVILLE
COUNCIL MEETING MINUTES
MARCH 1, 1995
CALL TO ORDER
Mayor Eisenberg convened the meeting at 7:03 p.m.
ROLL CALL
Those responding to the roll call were:
Councilmember Montgomery
Councilmember Bennett
Councilmember Freytag
Vice Mayor Marshall
Mayor Eisenberg
Law Director Hurst
Manager Plunkett
Councilmember Freytag moved to excuse absentee Councilmember Garrett and
Councilmember Shulman. Seconded by Councilmember Montgomery. Motion carried.
PUBLIC HEARINGS
A public hearing was held on Ordinance No. 4-95, " An Ordinance To Amend Section
1137.08 (b)Of The Codified Ordinances Of the Village Of Granville."
No one was present to speak for or against Ordinance No. 4-95. The public hearing closed at 7:04 p.m.
REVIEW AND APPROVAL OF MINUTES
The minutes of the regularly scheduled meeting of February 15, 1995 were presented for review. Councilmember Freytag moved Vice to approve the minutes as presented. Seconded by Mayor Marshall. Motion carried.
CITIZENS COMMENTS
Those signing the register were:
Jeff Brumley, Advocate
John Thaxton
James Coffey
Mark Zarbaugh
Larry Wills
Stephen Plummer
Don Lewis
Esther Coffey
Sally MacPhail
No questions, comments, or concerns were voiced at this time.
OLD BUSINESS
Ordinance No.4-95, A"n Ordinance To Amend Section 1137.08 b( )Of The Codified Ordinances Of the Village Of Granville,w"as reintroduced, title read and moved for adoption by Vice Mayor Marshall. Seconded by Councilmember Freytag.
Roll call vote: Garrett absent, Shulman absent, Montgomery yes, Bennett yes, Freytag 4ye-9s5, Marshall yes, Mayor Eisenberg yes. Five yes votes, two members absent. Ordinance No. was duly adopted.
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Council Meeting Minutes
March 1, 1995
Page 2
Don Lewis, Maple Tree Tappina
Kiwanis Club member Don Lewis expressed his concern for the maple tree tapping
project in Granville. Mr. Lewis presented Council with several reports explaining the tree
tapping process and stated that because of some of the bad publicity recently concerning the
tapping, the Kiwanis Club would cease all tapping operations in the Village. He stated that
Kiwanis is now tapping trees on private land in Granville Township. He stated that Kiwanis
hopes to receive some positive publicity on the maple syrup project. He stated that the project
was first started as a way to promote pancake day, but it was later discovered that selling the
syrup would raise more funds than pancake day. All the funds raised stay in the community,
going to schools for scholarships and other such projects.
Mr. Lewis explained what happens during the syrup project. He stated that the Kiwanis
had always had a good relationship with both Granville Township and the Village and have
worked closely with the Tree &Landscape Commission. He stated that Kiwanis obtains
permission to tap the street trees each year from Council and a letter is sent to neighboring
residents explaining when the tapping will take place. If a resident doesn't want a tree in front
of their house tapped, the Kiwanis respects their wishes. He stated that he and other club
members annually walked the town searching for trees that are healthy and that can be
tapped. If a tree is not healthy, it is not tapped. He stated that this year, because of the
negative publicity, there is an unusual degree of negative sentiment and many residents don't
want trees to be tapped.
Mayor Eisenberg stated that the whole tree tapping issue had mushroomed. He stated
that the Council supports the Kiwanis maple syrup project. He stated that an impression had
been given that Council took a position on the matter, but what really had happened was that concern had been expressed and Council a requested that an expert take a look at the situation.
Mr. Lewis stated that the Kiwanis received instructions on how to tap the trees from the Tree &Landscape Commission. The instructions explained the tapping process recommended
was not different than the process the Kiwanis presently uses. He stated that a major concern of the Tree &Landscape Commission had been damage to the trees. He stated that the
Kiwanis tapped only healthy trees and the tapping does not create permanent damage. He stated that he would like to continue tapping and continue the annual pancake day. He stated that he did not like how the "bad"situation had transpired, and he felt that it would have been
more responsible for the Tree &Landscape Commission to have come to Kiwanis first. He stated that if the village was going to continue this process, Council may want to review current policies in terms of how committees deal with other parities. He suggested that Council contact an unbiased expert to give them a recommendation on tapping. He stated that he felt that if residents want to get together and continue the project, no one has the right to dictate that they can't, and thinks that some rules can be established.
Manager Plunkett stated that the tree tapping issue had been brought up at the end of a Council meeting. The next day Mr. Siegel and Mr. Lewis were contacted and a meeting with Dawes representatives at the Kiwanis meeting had been set up. He stated that he thought that Mr. Lewis was perhaps mistaken and the Tree L&andscape Commission had done a terrific job at informing. Because of the publicity, people were afraid that the tree tapping was causing cgorenafut shiaornm. to the trees. He stated that he did not think that anyone was at fault for the
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Council Meeting Minutes
March 1, 1995
Page 3
Councilmember Freytag stated that Council had never asked the Kiwanis to withdraw
from tapping trees in the Village. He stated that in his opinion, stopping the tapping was
unnecessary. He stated that Council had never discussed stopping the tree tapping.
Jim Siegel, Chairman of the Tree and Landscape Commission stated that in January,
Councilmember Marc Shulman had asked the Tree &Landscape Commission to look into the
tree tapping situation because Council had some concern with damage to the trees. He stated
that he had attended a Kiwanis Club meeting at which representatives from Dawes Arboretum
had been present. As a result of that meeting, the Granville Sentinel published a feature story
on the tree tapping. The Tree and Landscape Commission contacted Barb Fair at the
Department of Urban Resources who sent tree tapping information to Granville and to
Granville Township. He stated that he had written a letter to Mr. Lewis asking that Kiwanis
adhere to the guidelines for tapping and limit the tap buckets to three per tree. Varying the
height of the boring when tapping had also been recommended. He stated that if one looks at
the trees that have been tapped, none of those conditions have been followed. He stated that
the Tree &Landscape Commission had never made a recommendation on the tapping project.
Councilmember Bennett stated that he could not remember how the concerns for the
tree tapping began. He stated that he thought that Councilmember Shulman had expressed
the Tree &Landscape Commission's concerns to Council but Mr. Siegel had stated that the
concern had come from Council.
Mr. Siegel stated that he wanted to make it clear that the Tree &Landscape
Commission had not made a decision on the tapping.
Councilmember Freytag stated that he saw no reason to terminate the tree tapping
project.
Vice Mayor Marshall stated that the small effects to the Village trees should be
compared with the social benefits of the tapping project. He stated that it had always been the
policy of Kiwanis that if any neighbor does not want a tree tapped, Kiwanis would not do so.
Mayor Eisenberg stated that Council supported the Kiwanis maple tree tapping project
and there is no reason to put an end to it. He stated that there seems to be a bad relationship
problem between the Kiwanis and the Tree &Landscape Commission which needs to be
addressed. Mayor Eisenberg suggested that Mr. Lewis and Mr. Siegel rectify the situation and go on from there.
NEW BUSINESS
SuperAmerica /Bob Evans Farms
John Thaxton of SuperAmerica stated that his company and Bob Evans purchased Farms have property in Granville and are now trying to resolve a number of problems prior to development. He stated that a big issue is getting the sewer line across State Route 16 to the south side of the property. SuperAmerica originally approached Village staff about the possibility of running the sewer line from the existing sewer to Route 16 and then tying into their property but now, since Bob Evans Farms have purchased the south east side of the intersection, discussions have continued suggesting that the two companies make the sewer system heavier than the original proposal to bring the sewer down Westgate Drive and under State Route 16. He stated that SuperAmerica saw no difficulty with that proposal however, the cost of the project keeps going up. He stated that his company's concern at this point is the expense of the eight inch pipe compared to the larger pipe, required by the Village. He stated
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Council Meeting Minutes
March 1, 1995
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that the area south of SuperAmerica's property may or may not come into the sewer at some
time. He stated that the larger sizing of the sewer pipe added an additional cost burden to the
project and the Village will be able to extend the pipe well beyond the south end of Bob Evans'
property. He stated that the oversized pipe will benefit other properties in the area.
Mr. Thaxton stated that SuperAmerica is asking the Village to participate in allowing
SuperAmerica to recoup a portion of the cost of installing the sewer Jine based on the actual
cost, then deducting what the cost is for the upgrade size of pipe and deducting capacity
charges. He stated that they are asking Council to possibly consider waiving some expenses if
they agree to install the larger pipe. He stated that the agreement could be considered on a
time manner, and if something doesn't happen, then the ability to recapture some of the
expenses will be voided. If the Village does expand and more development comes, Council
could allow SuperAmerica to recapture some of the expenses paid.
Mr. Thaxton stated that he had heard that there may be a danger that the intersection
may not have access to Cherry Valley Road from State Route 16. He stated that if
SuperAmerica goes to the expense of what the Village is asking, they would like the Village to
be willing to badcally take a stand to keep the intersection open with access to Cherry Valley
Road, He stated that he hoped to get a feel of Council either formally or informally on their
proposal.
Mayor Eisenberg stated that the last thing that the Village wants to do is get involved in
a business risk.
Vice Mayor Marshall stated that with more development in the area, it is less likely that
the intersection will get shut off.
Village Planner Doug Tailford stated that there is a study now to study the corridor
intersection to Route 79. He stated that the outcome of the study is unknown now.
Mahager Plunkett stated that the State Route 157 project is a "dream"project and that the State has no money to fund it at this point
Mr. Thaxton stated that in terms of business risk, his company would be spending
several hundreds of thousands of dollars that would be a direct benefit to the Village. He
stated that because of the sizing of the sewer pipe, the Village would benefit from the pipe.
Mayor Eisenberg stated that Council tended to think of installing sewer line the cost of development. as part of He stated that he did not think that Council could make a decision tonight because two Council members were absent and both had strong feelings toward development.
Mr. Thaxton stated SuperAmerica and Bob Evans are being asked to run a substantially larger sewer pipe than necessar9 to service their establishment alone, and were trying to get a feel if any reimbursement was possible. He stated that if they were not required to install the larger pipe, they would not have to spend as much money. He stated that SuperAmerica did not want to recoup the entire cost, they would carry their own weight. Councilmember Freytag asked if SuperAmerica would be paying for the increased size of the pipe plus installing the pipe at a deeper level?
Manager Plunkett stated that he could assign the staff to look at the plans and dcaiflfceurelantceedso. llar amounts for both approaches in order for council to compare and see the cost
Vice Mayor Marshall stated that he is not willing to take a stance until the dollar amounts were presented.
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Mr. Thaxton stated that SuperAmerica was looking for some idea if this proposal could
be done.
Mayor Eisenberg stated that Council will review the numbers and see if a decision
could be made.
Res61ution No. 95-13, " A Resolution To Authorize The Village Manger To Enter Into An
Agreement With L. Kent Darr And Susan L. Darr For The Grant Of A Parcel Of Land
Necessary To Allow For The Improvement Of Summit And Prospect Streets," was introduced,
read in full, and moved for adoption by Councilmember Montgomery. Seconded by Vice Mayor
Marshall. Motion carried. Resolution No. 95-13 was adopted.
Ordinance No. 5-95, "An Ordinance To Repeal Section 1176.04 (e)Of The Codified
Ordinances Of The Village Of Granville," was introduced and its title read by Vice Mayor
Marshall.
Mayor Eisenberg set the public hearing on Ordinance No. 5-95 for March 15, 1995, at
7:30 p.m.
Manager Plunkett stated that he had received a memo from the Tree &Landscape
Commission stating that more than two trees would have to be removed if Council were to
authorize Ohio Power to move the power poles on East College Street.
Vice Mayor Marshall stated that there were many narrow village streets in which the
power poles were close to the road. He stated that if Council authorizes the pole movement
the situation may snowball.
Service Director Mark Zarbaugh stated that he had contacted David Howarth of Ohio
Power concerning the situation. Mr. Howarth had indicated that only two pine trees would be
required to be removed if the poles were to be moved. He stated tbat he had not received
anything more from Ohio Power concerning the situation.
Mayor Eisenberg stated that he had looked at the situation and is opposed to taking down the trees. He stated thatthe trees are large Norway Spruce good trees and he did not see a reason for removing the trees.
Vice Mayor Marshall agreed.
Mr.Zarbaugh stated that he had been responding to a resident's complaint. He stated that he realized it was a touchy situation, but he felt that the complaint was legitimate.
Councilmember Montgomery and Councilmember Freytag agreed that there was no reason to move the power poles.
Councilmember Freytag asked if any trees would need to be removed for the Presbyterian Church's rehabilitation?
Jim.Siegel stated that the Presbyterian Church is requesting that two large pine trees be removed because the church feels they are out of proportion and causing damage to the church. He stated that the church is gathering a proposal and putting together their expansion plans and will be addressing the matter soon.
Councilmember Montgomery asked if Manager Plunkett needed a decision from Council concerning computer software licensing for the Police Department?
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Manager Plunkett stated that after further investigation, the staff was now searching for
better ptices.
Council briefly discussed changing the Council meeting time to 7:00 p.m. unstead of
the regular starting time of 7:30 p.m. It was decided that 7:30 p.m. would remain the starting
time.
MEETING ANNOUNCEMENTS
The next Council meeting will be March 15, 1995, at 7:30 p.m.
ADJOURNMENT
Councilmember Bennett moved to adjoum the meeting at 8:30 p.m. Seconded by
Councilmember Montgomery. Motion carried.

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