Granville Community Calendar

Council Minutes December 30,1996

VILLAGE OF GRANVILLE
SPECIAL COUNCIL MEETING MINUTES
DECEMBER 30,1996
CALL TO ORDER
Mayor Marshall convened the meeting at 7:38 pm.
ROLL CALL
Those responding to the roll call were:
Councilmember Eisenberg
Councilmember McGowan
Councilmember Bellman
Councilmember Montgomery
Those signing the register were:
Mark Zarbaugh Dorothy M. Garrett
Scott Rawdon Libby Petro
CITIZENS COMMENTS
Councilmember Drake
Vice Mayor Freytag
Mayor Marshall
Assistant Manager Hickman
Jeff Houston
Dorothy Garrett expressed her concern that Council is unable to approve budget
and Village Managers salary ordinances. She stated that the current salary adopted plan was four years ago and all members of the current Council have been in office for the last two years. She expressed concern that salary schedules were not reviewed earlier in the year instead ofwaiting until December to begin questioning. She stated this just didn't seem like a very good way of doing business.
Councilmember McGowan stated that he brought the issue up earlier in the year but the Personnel Committee did not include him in addressing these issues.
OLD BUSINESS
Resolution No.966-5,A Resolution To Amend Pay Classifications And Salary Rates For The Several Departments Of The Village ofGranville. Councilmember sMeocnotngdoemd.ery moved to remove Resolution No. 966-5 from the table. Vice Mayor Freytag Motion carried.
Following a lengthy discussion on the cost ofliving increase and the idea of a cap on salary increases,it was agreed by Council to support a3%cost ofliving increase with the idea of a cap on increases to be further reviewed in 1997.
Vice Mayor Freytag expressed nons-upport in Section III regarding a change in life insurance coverage for employees ofthe Village. He stated the current flat rate policy was sufficient and he would not support an increase.
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Village of Granville
Council Minutes
December 30, 1996
Page 2
Council agreed to delete Section III to amend ordinance to reflect the same as
previous year.
Roll call vote: Eisenberg yes,McGowan no,Bellman yes,Montgomery yes, Drake no,Freytag yes,Marshall yes. Resolution No. 96-65 was adopted as amended.
Ordinance No.43-96,An Ordinance To Establish The Granville Village
Manager's Salary For 1997. Mayor Marshall moved to remove Ordinance No. 43-96
from the table. Seconded by Councilmember Drake.
Mayor Marshall recommended a change to the salary portion of the ordinance reflect 6$7,000 annual to salary. Councilmember Freytag seconded the recommendation.
Councilmember Bellman stated although he is strongly in favor of a bonus system, he will go along with the consensus and vote for this ordinance.
Councilmember Drake supported the cost of living increase for the Manager
however,he would also like to find a way to integrate a bonus system.
Councilmember Eisenberg suggested that this discussion take place at the beginning of 1997. He stated he has worked with the current Manager for 13 years. He stated that all past Councils have found the current Manager's performance to be outstanding and Granville is fortunate to have him here. He stated that Council needs to keep him here and Council should make every effort to do that. Mayor Marshall agreed.
Roll call vote: Eisenberg yes,McGowan n,Bellman yes,Montgomery yes,Drake yes,Freytag yes,Marshall yes. Ordinance No. 43-96 was adopted as amended.
Ordinance No.429-6,An Ordinance To Make Appropriations For Current Expenses And Other Expenditures Of The Village OfGranville,State OfOhio,During The Fiscal Year Ending December 31, 1997. Vice Mayor Freytag moved to remove Ordinance No. 42-96 from tile table. Councilmember McGowan seconded.
Councilmember Bellman proposed an amendment to the 1997 budget to include a Strategic Land Acquisition Reserve Fund for land purchases such as greenspace,scenic vistas,etc. with a budget of $100,000.
Vice Mayor Freytag's concern was that 1$00,000 as proposed for the fund would not be enough to make an impact. He feels that the money used to fund this account could be better used as funding toward fixing the roads in the Village. He stated that funding for such things as scenic vistas should be the responsibility of developers and the Council should require that of developers.
Councilmember Eisenberg agreed that the Council should have no problem requiring developers to provide greenspace or scenic corridors.
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Village of Granville
Council Minutes
December 30, 1996
Page 3
Councilmember Freytag stated although he does not disagree with Councilmember
Bellman's idea and goal,he disagrees with the process and will not support this proposal.
Councilmember Drake agreed with Councilmember Bellman's idea of a Strategic
Land Acquisition Fund. He stated that Council needs to look for ways to become more
active. Councilmember Drake moved that Council create a Strategic Land Acquisition
Fund. Councilmember McGowan seconded.
A roll call vote was taken to consider creating a Strategic Land Reserve Fund:
Eisenberg yes,McGowan yes,Bellman yes,Montgomery yes,Drake yes,Freytag Marshall no, yes.
A discussion ensued as to how to fund this account. Service Director Zarbaugh
proposed using the money budgeted for the paving of the street department lot.
Councilmember McGowan suggested that private monies from estate donations be
put into this fund and then build from there.
Councilmember Freytag stated there is the Land Conservancy already in place.
It was proposed that 2$0,000 from the Lands and Buildings Fund be applied to the Strategic Land Acquisition Fund.
Roll call vote: Eisenberg no,McGowan yes,Bellman yes,Montgomery no,Drake
yes,Freytag no,Marshall no. Four no votes. Proposal to transfer 2$0,000 from the Lands and Buildings Fund for the Strategic Land Acquisition Fund was defeated.
It was proposed that 4$,200 from the Curb Painting Fund be applied to the Strategic Land Acquisition Fund.
Roll call vote: Eisenberg no,McGowan yes,Bellman yes,Montgomery no,Drake yes,Freytag no,Marshall yes. Four yes votes. Proposal to transfer 4$,200 from the Curb Painting Fund for the Strategic Land Acquisition fund was passed.
It was proposed that 1$0,000 from the Equipment Reserve Fund be applied to the Strategic Land Acquisition Fund.
Roll call vote: Eisenberg no,McGowan yes,Belln]an yes,Montgomery no,Drake yes,Freytag no,Marshall no. Four no votes. Proposal to transfer 1$0,000 from the Equipment Reserve Fund was defeated.
Mayor Marshall moved to adopt Ordinance No.429-6 with amendments to reflect the Strategic Land Acquisition Fund and Resolution No. 966-5 and Ordinance No. 439-6 as amended. Vice Mayor Freytag seconded. Motion carried.
Roll call vote:Eisenberg yes,McGowan no,Bellinan no,Montgomery yes,Drake yes,Freytag yes,Marshall yes. Ordinance No. 42-96 was adopted.
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Village of Granville
Council Minutes
December 30, 1996
Page 4
ADJOURNMENT
Councilmember McGowan moved to adjourn the meeting at 9:55pm. Seconded by
Councilmember Freytag. Motion carried.

Council Minutes December 18, 1996

VILLAGE OF GRANVILLE
COUNCIL MEETING MINUTES
DECEMBER 18,1996
CALL TO ORDER
Mayor Marshall convened the meeting at 7:30
ROLL CALL
Those responding to the roll call were:
Councilmember McGowan
Mayor Marshall
Vice Mayor Freytag
Councilmember Drake
Law Director Hurst
Manager Plunkett
Vice Mayor Freytag moved to excuse absentee Councilmembers Eisenberg and Montgomery.
PUBLIC HEARINGS
A public hearing was held on Ordinance No. 429- 6.A "n Ordinance To Make
Appropriations For Current Expenses And Other Expenditures Of The Village OfGranville, State Of Ohio,During The Fiscal Year Ending December 31, 1997."
agenda.
Carl Wilkenfeld asked to see a copy of this Ordinance as there were none attached to the
Clifton Crais stated he had heard some discussion about the idea of setting aside money for land acquisition by the Village. Mr. Crais asked the Council to elaborate on this idea. Village Council members were unable to comment as they are not familiar with this idea. Council stated that possibly Councilmember Dan Bellman could elaborate. Councilmember Bellman arrived.
Councilmember Bellman stated that the idea is to establish a reserves/avings account in sctaasteedwtehinsewedoutoldabcequire land for such things as greenspace or vistas,or for strategic value. He a reserve account,not designated for any particular purpose at this time. He stated that by setting aside the goal of satisfying immediate needs,the Village should recognize that we need to look to the future in the same respect as our forefathers. He suggested possibly of1la0n0d,00a0cqtouibseitiosent. aside something like a savings account,but designated for the specific purpose
Road. Carl Wilkenfeld inquired as to the part ofthe Ordinance which speaks about Granville
Manager Plunkett stated that the street construction portion was included in the General Fund account. He stated that the Granville Road situation is still being evaluated. Carl Wilkenfeld requested feed back on the issue before commitment is made to spend m2a.k2inmgillion for this project. He suggested the Village Manager let the public in on the decision process.
Manager Plunkett stated that this is done by Council decision and not his alone.
at 7:40,No one appeared to speak for or against Ordinance No. 429-6. The public hearing closed
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Village of Granville
Council Agenda
December 18, 1996
Page 2
A public hearing was held on Ordinance No. 439- 6,A "n Ordinance To Establish The
Granville Village Manager's Salary For 1997."
No one appeared to speak for or against Ordinance No. 43-96. The public hearing closed
at 7:41.
REVIEW AND APPROVAL OF MINUTES
The minutes ofthe regularly scheduled meeting ofDecember 4, 1996,were presented for
review. Vice Mayor Freytag moved to approve the minutes as corrected. Seconded by Councilmember McGowan. Motion carried.
MAYOR'S REPORT
The Mayor's Report for the month ofNovember was presented for review.
Mayor Marshall directed the clerk to file the report. A copy ofthat report is attached as part ofthese minutes.
MANAGER'S REPORT Novernl:e¥ The Manager's Report for the month of @0*eberwas presented for review.
Vice Mayor Freytag moved to accept the report. Seconded by Councilmember McGowan, Motion carried. A copy ofthat report is attached as part ofthese minutes.
Vice Mayor Freytag inquired about the absence ofthe Monthly Fund Balance Report. Manager Plunkett stated this was left out in error and he will get a copy out to the Council.
Vice Mayor Freytag stated that he had some general questions about the General Fund budget and increased revenues for 1997.
CITIZENS COMMENTS
Those signing the register were:
R.H. Essman Scott Rowden
Jane King Lyn Robertson
Carl Wilkenfeld Jim Murr
Mark Zarbaugh
Clifton Crais
Paul Strom
COMMITTEE REPORTS
Councilmember Bellman stated that the Streets S&idewalks Committee is to January. meet in
Councilmember Drake stated he will continue to support the Comprehensive Plan Review Update Committee and report their activities to Council.
OLD BUSINESS
December 18 Appeal HearingC/ountry Hearth Inn
1997. Due to illness ofthe appellant's Council,the hearing was postponed until January 22,
Ordinance No.429- 6,A "n Ordinance To Make Appropriations For Current Expenses And Other Expenditures OfThe Village OfGranville,State OfOhio,During The Fiscal Year Ending
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Village of Granville
Council Agenda
December 18, 1996
Page 3
December 31, 1997"was introduced,its title read,and moved for adoption by Vice Mayor
Freytag. Seconded by Councilmember Drake.
Councilmember Drake suggested that Council deal with Councilmember Bellman's issues
of concern on wages/ salaries. He stated he suggests a cost of living increase of 1.9%with a cap of5%to allow for merit increases. In terms of dollars,that would be a savings of about $ 30,000
using a cap. He suggested addressing a system that may reward longevity more than rewards for
performance.
Mayor Marshall stated he would like to see something between 1. 9 and 3%He. stated he
concurs with the cap of5%on the basis that Council commit to reviewing the salary structure
early next year. He felt the problems are more in the nature of the system than with the amount of
dollars. He suggested a 2.2%cost ofliving and 5%cap as a measure to get moving next year. Councilmember Bellman stated he felt we do need to look at the issue seriously as it is
40%ofthe budget. He stated that in comparing our town to other towns,Granville looks pretty clean. He commented that Doug and his staffare doing a good job.
Councilmember McGowan thought Councilmember Drakes proposal was a good one. He stated his concern that the wage salary study might be overlooked in January. He said he will still not vote for this Ordinance unless assured of study being done early next year. * * Vice Mayor Freytag stated that he had been on the Council for 5 years. There had been a wage study done in '91. He has been content to live with what was done then and is concerned with tinkering with what was decided then with little time to study. He expressed some concern about morale and is reluctant to make a dramatic change. He proposed to go with what the Committee originally recommended,but to go into January with an earnest intent to study the situation. He stated disagreement with the Committee's proposal oflinking life insurance to salary. However,he would support the rest.
Councilmember Bellman stated that he was a little bit conservative and is concerned with leaving tonight's meeting without an agreement.
Mayor Marshall stated that in his previous experience in management,it is important to be careful not to harm morale by leaving tonight without a decision made.
Councilmember Drake felt Council needs to take the cost ofliving into consideration. He stated concern with cost ofliving being overstated for some time. He felt that at some point we have to impose some limitation on increases.
Manager Plunkett stated that a lot ofplaces have three steps,particularly with police. He stated Granville has always treated all employees equally. He stated his concern to never segregate one group ofemployees as a special set. He wanted the Police to think ofthemselves as a Police Department,not a Police Force. He stated that prior to 1992,a longevity bonus was in place for people who had been with the Village more than 15 years. The longevity bonus was hthisen rolled into the present evaluationp/erformance system. Manager Plunkett stated that he felt Village staffwas second to none.
Vice Mayor Freytag stated that he favors the Committee's 3%increase and is unwilling to make aCchoaunngceilmatetmhibsetrimBee.llman asked move on. Vice Mayor Freytag which area he would be willing to
Vice Mayor Freytag stated he can move on the insurance area. He stated he felt it unwise to do any moving without careful study. He stated he hadnt' seen one proposal that has been thoroughly evaluated. He stated it is unwise to endorse a proposal he heardjust 10 minutes ago. Mayor Marshall suggested 2.5%and no cap to Councilmember Bellman.
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Village of Granville
Council Agenda
December 18, 1996
Page 4
Vice Mayor Freytag asked if the Manager's salary was considered separately. He
suggested the Council take up the matter ofManager's salary before approval ofthe budget.
Councilmember Drake moved to table Ordinance No. 42-96. Vice Mayor Freytag seconded the motion.
Ordinance No. 43-96,A "n Ordinance To Establish The Granville Village Manager's Salary For 1997w",as introduced,its title read,and moved for adoption by Councilmember
Marshall. Seconded by Vice Mayor Freytag.
Councilmember Bellman suggested that the salary stay the same as in the current year and
to establish a bonus plan for the Village Manager.
Mayor Marshall stated his reservation about the suggestion. He askedw "hy single out the Manager to get no increase?"
Vice Mayor Freytag stated there had never been a direct link between the Manager's salary and the rest of the staff.
Mayor Marshall stated the Manager's salary has often been lower in percentage changes than the rest of staff This should be a matter offairness.
Councilmember Drake stated an agreement with Mayor Marshall's comments. Mayor Marshall recommended a compromise 1997 salary of $66,500.
Councilmember McGowan stated that last years manager's salary increase was actually higher than the rest of employees.
Councilmember Bellman would stilltike the Council to look into a bonus structure. He stated the bonus would be subject to discretion with the money set aside. He suggested October 1997,as a starting point.
Mayor Marshall stated that after having worked in situations ofboth bonus and increase, he is opposed to the idea of a bonus.
Vice Mayor Freytag stated an increase to 6$7,500 was a3%cost ofliving increase. Mayor Marshall stated he would vote for that.
definiteCouncilmember McGowan stated that he would change his previous vote of abstain to a no.
Councilmember Drake expressed a discomfort with Vice Mayor Freytag's 3%increase for the Manager if not for everyone else.
Councilmember Marshall suggested a compromise of $67,000. Councilmember Bellman stated he still feels very strongly about the bonus situation. Mayor Marshall stated he is very strongly against the bonus plan. Councilmember Bellman felt the bonus plan forces Council to set standards. He stated that this would send an important message that Village Council sets precedent and is in charge. good jobMayor Marshall stated that it is the end of the year and Manager Plunkett has done a very and he would support an increase now. Councilmember Drake stated he would support 6$7,000 as long as it is review process next year. a part ofthe
somethiVngice Mayor Freytag stated he would support the 6$7,000 as he is reluctant to go to new in this short a time frame.
Councilmember Bellman stated he would like to agree but at this time feels very strongly taobout this. He stated that ifthere were some way to work out a bonus plan tonight,he will agree a fixed salary tonight.
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Village of Granville
Council Agenda
December 18, 1996
Page 5
Mayor Marshall stated that all should agree to review this concept thoroughly next year.
Councilmember Bellman stated that he felt a priority should be set for review in January.
Vice Mayor Freytag stated that nothing he has heard tonight was unreasonable, and that
there are just differences of opinions. He stated he would like to steer the same course as set
previously.
Councilmember Bellman stated he would like to consider the bonus situation next year and
in January agree to set forth performance standards. He expressed concern about bonus establishing a plan.
Vice Mayor Freytag asked for the purpose of performance standards. He stated that it
would cause too much paperwork for Council and he is not for adding that kind of empty procedure. He stated it is the duty ofCouncil to keep a personal eye on the Village Manager. He stated he is not willing to agree to any written performance standards.
Councilmember Bellman recommended adding sections to the Ordinance regarding evaluation of the Village Manager.
Vice Mayor Freytag commented that it was just more paperwork that he would not support. He stated that there already was a multip-age evaluation form for Council to complete. Mayor Marshall stated he had a problem with that also. He stated that in the Village Ordinance Codes Charter section 4.04,powers and duties ofthe Manager are listed.
Vice Mayor Freytag offered a suggestion to table these Ordinances and hold a special meeting.
Councilmember Bellman again suggested that he felt very strongly that the salary should stay right where it is and any additional increases should be in bonus form.
OrdinaitMcea.yor Marshall stated that it was not necessary to write these agreements as part ofthe
Councilmember Bellman again moved to add the bonus plan.
It was decided that a Special Council Session will take place on December 30, 1996 to discuss Ordinance No. 429-6,Ordinance No. 43-96,and Resolution No. 966-5,which were all tabled this evening.
Mayor Marshall suggested going through Councilmember Bellman's suggested adjustments to the budget and a discussion occurred.
Councilmember McGowan expressed concern that there was nothing in the budget regarding the bike path and restricting truck traffic.
Manager Plunkett stated that the Village did not own the bike path. He stated a three part easement agreement had been signed by the Village,and there had been no cooperation by the other parties involved. He stated that Granville cannot access land it doesnt' control. Councilmember Drake expressed a concern about spending valuable time discussing Councilmember Bellman's proposal considering the absence oftwo Councilmembers. He stated he didn't wish to do this now ifCouncil would need to red-iscuss when absent Councilmembers were present.
list ofaCdjouusntmcilednetsci)ded to briefly go through the budget adjustment proposal. s e(e attached for
1. Mayor Marshall stated he is against.
McGow2a.n hadMayor Marshall,Councilmember's Drake,Freytag against. Councilmember. no opinion.
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Village of Granville
Council Agenda
December 18, 1996
Page 6
3. Mayor Marshall stated strong feelings against while Councilmembers Drake,
Freytag,and McGowan were in favor.
4. Mayor Marshall and Councilmember Drake were in favor. Vice Mayor Freytag
did not approve.
5. Mayor Marshall was strongly against. Vice Mayor Freytag,Councilmembers
Drake and McGowan also opposed. Service Director Zarbaugh passed out worksheets regarding
road improvements necessary in the Village.
6. Mayor Marshall,Vice Mayor Freytag and Councilmember Drake supported.
7. Mayor Marshall,Councilmember Drake and Councilmember McGowan supported.
Vice Mayor Freytag remained neutral.
8. + No vote needed as this is just a comment.
9. Councilmember Drake opposed. Councilmember Bellman stated this is a sizable increase for the Law Director.
Law Director Hurst explained several issues. He stated that since 1990,he track has kept of all hours expended each month. He stated he does not directly receive payment for this position. It is paid to his law firm. Originally,the number of hours committed to the Village were in the vicinity of 12 hours per month, He stated that this year, 1996,it has been in excess of 25 hours per month. He stated that the compensation was never enough to cover expenses to begin with. He stated it has gotten to the point that the hours have more than doubled and are continuing to go up. He stated he cannot continue to lose money,and there needs to be some adjustment. He said the fee has got to get closer to the range of his fees. He stated there are other Village services done through his law firm that he would be happy to assign elsewhere. However, it is being done for substantially less by his firm. He stated that currently litigation is at 9$0.00h/r. He suggested on two different occasions that cases should be done by Resolution with a set fee by boothaerdr than counsel. He said that the Law Director's position has never been considered a spring to profit.
Councilmember Bellman stated that the Law Director position should be a civic duty. He stated it also costs him to be on the Village Council.
Law Director Hurst stated that it is not fair to his law partners and he cannot continue to Galrloawnvtihllee constant day to day interruptions considering the additional litigation surrounding at this time.
Councilmember Bellman suggest this position be considered for in the bonus plan also. Mayor Marshall opposed. -
Councilmember Drake stated his opposition as he is well aware ofthe time spent and money lost in the Law Director's position.
Vice Mayor Freytag was also opposed.
It was noted that this will be included in the discussion in January. 10. Councilmember Drake opposes. Set for discussion in January 11. Set for discussion in January. 12. Set for discussion in January.
11-13. It was noted that this will require a special council session. 14. MayorMarshall,Vice Mayor Freytag,Councilmember Drake oppose. 15. Mayor Marshall oppose. Vice Mayor Freytag,Councilmember Drake stated that iss1u0e0 tpoebrecoduisnccuisl smeedmber as budgeted was sufficient. Councilmember McGowan wished the in January.
16. Councilmember Bellman wishes to disregard this adjustment.
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Village of Granville
Council Agenda
December 18, 1996
Page 7
17. Councilmember Bellman stated his concern about the 230 account under
Professional Services. He stated he is nervous about appropriating money to this account and
would like time to look at it closer. He asked Manager Plunkett ifthere is the possibility to list
account 230 expenses for the Council.
Manager Plunkett stated this account was equipment maintenance,contracts,
memberships,meals,and incidentals. He added that there were costs of memberships to
associations that Village Council and staffbelong to. He stated there are professional journals and
regular publication subscriptions,which are shared with Council members.
Councilmember Bellman questioned that kind of expense. He stated that it was a waste of
money to subscribe to such publications as Cities V&illages w(hich Councilmember Bellman
pulled from the Council packet and discarded onto the floor).
Vice Mayor Freytag suggested there was no need to debate the expenditures tonight. 18. Recommendation -no need for action.
Councilmember Drake moved to table Ordinance No. 43-96. Vice Mayor Freytag seconded the motion.
Resolution No. 966- 5,A "Resolution To Amend Pay Classifications And Salary Rates For The Several Departments OfThe Village ofGranville"I.t was noted that this Resolution will remain tabled until the December 30 special session.
Councilmember McGowan expressed a concern with sodium lights being put up in village. Manager Plunkett stated there was no appropriation or agreements with AEP. Possibly AEP is using stock to replace burned out lights.
Councilmember McGowan stated that the contract was to not replace with sodium lights. He stated that he saw seven lights that had been replaced in a week.
Manager Plunkett stated he would call AEP tomorrow and report back to Council.
NEW BUSINESS
Resolution No. 966- 9,A "Resolution to Award The Bid For The Purchase OfA Tandem Roller And To Authorize The Village Manager To Enter Into A Contract With Lorenz Equipment Thereforw",as introduced,its title read,and moved for adoption by Vice Mayor Freytag. Seconded by Councilmember McGowan. Resolution No. 96-69 was adopted.
Resolution No. 967- 0,A "Resolution To Appoint Members To The Comprehensive Planning Committeew",as introduced,its title read,and moved for adoption by Councilmember Drake as amended. Seconded by Councilmember McGowan.
this committee. He stated there had been great participation from the community and he was very
Councilmember Drake stated that he wished to thank everyone involved in working on
appreciative.
and Councilmember Bellman thanked Councilmember Drake for his dedication to this project a job well done.
expresseFdorthteheir raepcporerdc,iaatliloVn.illage Council members agreed that this is a good committee and
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Village of Granville
Council Agenda
December 18, 1996
Page 8
Manager Plunkett made note to the Council that a total of four positions will be available
in January on the BZBA and Planning Commission. He suggested solicitation begin.
Vice Mayor Freytag suggested we move forward with all due speed on the proposal from
Randall Arendt. Council was in agreement.
EXECUTIVE SESSION
Vice Mayor Freytag made a motion to move to an Executive Session to discuss the lawsuit
brought forth by the Moratorium and the Referendum Petition failure. Councilmember McGowan seconded.
Time in 9:58pm.
Roll call: Eisenberg absent,McGowan present,Bellman present,Montgomery absent,Drake present,Freytag present,Marshall present.
Councilmember Bellman excused himself from Executive Session, the law citing a potential conflict with firm where he is employed.
Councilmember McGowan made a motion to return to regular session. Councilmember Drake seconded.
Time Out 10:45pm.
ADJOURNMENT
CouncilmCoeumnbceilrmember McGowan moved to adjourn th9 meeting at 10:45pm. Seconded by Drake. Motion carried.

Council Minutes December 4,1996

VILIAGE OF GRANVILLE
COUNCIL MEETING MINUTES
DECEMBER 4,1996
CALL TO ORDER
Mayor Marshall convened the meeting at 7:35pm.
APPOINT NEW CLERK
Councilmember McGowan moved to appoint Beverly Adzic as Clerk of Council.
Seconded by Councilmember Drake. Motion carried.
Beverly took oath and was sworn into office by Mayor Marshall.
ROLL CALL
Those responding to the roll call were:
Mayor Marshall
Councilmember MeGowan
Councilmember Bellman
Councitmember Montgomery
Councilmember Drake
Vice-Mayor Freytag
Law Director Hurst
Manager Plunkett
Vice Mayor Freytag moved to excuse absentee Councilmember Eisenberg. Seconded by Councilmember Drake. Motion carried.
PUBLIC HEARINGS
A public hearing was held on Ordinance No. 41-96, " An Ordinance To Amend Ordinance No. 37-95 Providing For Adjustments Of The 1996 Annual Budget For The First Year And Revising Sums For Operating Expenses".
No one was present to speak for or against Ordinance No. 41-96. The public hearing closed at 7.39pm.
REVIEW AND APPROVAL OF MINUTES
The minutes ofthe regularly scheduled meeting ofNovember 20,1996,were
presented for review. Councilmember Drake submitted an addendum to be added to page 7 ofthe minutes. Vice Mayor Freytag moved to approve the minutes as corrected. Seconded by Councilmember MeGowan. Motion carried.
Village of Granville
Council Agenda
December 4, 1996
Page 2
CITIZENS COMMENTS
Those signing the register were:
Chuck Coghlan
Jay Barry
Scott Rowden
Frank Brauner
C.K. Barsky
Clifton Crais of 234 N. Pearl St. stated that he knew of a number of people who frustrated by the last meeting were regarding the budget discussions. Mr. Crais urged council to give greater attention to budget issues,possibly making the presentation more cogent,so citizens will have a better understanding. He stated that during the budget presentation,he became confused and bored with the presentations.
COMMITTEE REPORTS
Councilmember Drake reported that the Temporary Committee's post cards were sent to all voters in the village and township in search of willing citizens to serve in some capacity,
aognaaincommittee to review the Comprehensive Plan. Councilmember Drake will be meeting to discuss this situation.
Vice Mayor Freytag reported on the Cemetery Board meeting. 4 $1,000 from Township Trustees'funding has been expended. Refurbishment has taken place on most easily repaired stones. A priority list will be prepared to decided future restoration sequence.
Councilmember MeGowan reported on the Recreation Commission. Commissioners need to be thinking of a replacement for the McPeek's,who will step down from their position next year.
OLD BUSINESS
Ordinance No. 38-96, A"n Ordinance Terminating The Existing Lighting Agreement And Authorizing The Village Manager To Enter Into A New Agreement For Street Lighting For The Village OfGranville"C.ouncilmember Montgomery moved to remove Ordinance No. 38-96 from the table. Seconded by Vice Mayor Freytag. Vice Councilmember Montgomery moved to adopt Ordinance No. 389-6. Seconded by Mayor Freytag.
resolutVioicne. Mayor Freytag asked where other council members stood on the defeated
Village of Granville
Council Agenda
December 4, 1996
Page 3
Mayor Marshall suggested that council move this along and get into the new electricity
tariff situation. The present street lights have already cost $ 2,000 more that necessary,since
May,1996,on this issue.
Councilmember MeGowan stated he would not vote for this ordinance until a
resolution to adopt the plan of the Street Lighting Committee was in place.
Vice Mayor Freytag asked if going into a new tariff based on the Committee's plan,
would replace savings for sodium lights.
AVM Hickman stated that savings to be gained is in replacing incandescent with
sodium or metal halide lights. Additional costs associated are with the decorative head
fixtures at $815 each. AEP would replace those as the incandescent lights burned out.
Councilmember McGowan asked ifthe $33,000 is set aside for next year?Manager Plunkett stated that it was.
Vice Mayor Freytag stated that he was not clear on the replacement of sodium lights
when incandescent lights burned out.
Mayor Marshall voiced an objection to spending $193,000 and committing 6 ahead for years some future Council to spend.
Councilmember Montgomery asked if adopting the plan commits the Village.
Manager Plunkett stated that Resolution 96-58 in theory,commits to six years of
spending. If the resolution is adopted and a year from now Council decides no,there will be
no appropriation of funds and the plan in the resolution will be postponed.
Mayor Marshall suggested the removal of dollar amounts from the resolution,except for the year 1997. He stated that this Council should try to keep from committing future Councils.
Law Director Hurst suggested the committal be for the year 1997. Section II and
thereafter should be worded as 'anticipating"and not committal.
Councilmember Montgomery stated the Planning Commissions concern for a specific light style. She thought this might limit future changes.
Vice Mayor Freytag stated that once set up with Holophane Corporation,a local
company,the Village could always go back and change.
Councilmember Montgomery stated that by naming a specific light and bracket -as indicated in section II,is it possible that in subsequent years new Councils could change the light style?
Councilmember McGowan stated that although Holophane is not specifically named, the Esplanade fixture is. He stated that this is a local company and the Village shows good faith by working with a local company.
Councilmember Montgomery stated that she would like to see a movement on this issue tonight ifthe council can compromise without sacrificing standards ofthe committee. Mayor Marshall suggested revised language for the defeated Resolution No. 965-8 to create Resolution No. 96z68,
Village of Granville
Council Agenda
December 4, 1996
Page 4
Vice Mayor Freytag suggested the attachments hereto of " Exhibit A"to the
Resolution.
A roll call vote was taken to consider Resolution No. 96-68,McGowan yes,Bellman
abstain,Montgomery yes,Drake abstain,Freytag yes,Marshall yes. Resolution No. 96-68
was passed.
Mayor Marshall moved to reconsider former Resolution No.96-58,previously
defeated. Councilmember Montgomery seconded.
Mayor Marshall moved to adopt Resolution No. 96-68,which was read in full.
Councilmember McGowan seconded. Resolution No. 96-68 was adopted.
Ordinance No. 41-96,A "n Ordinance To Amend Ordinance No. 379-5 Providing For
Adjustments Of The Annual Budget For The First Year 1996 And Revising Sums For
Operating Expensesw",as reintroduced, its title read,and moved for adoption by
Councilmember Drake. Seconded by Councilmember MeGowan.
Roll call vote was taken to consider Ordinance No. 41-96: McGowan yes,Bellman
yes,Montgomery yes,Drake yes,Freytag yes,Marshall yes. Ordinance No. 41-96 was adopted.
Newark-Granville Road Discussion
Manager Plunkett stated that in the spring of 1994,former Village Planner Doug
Tailford had proposed a grant application through a then new program offered by the Licking
Area Transportation Study L(CATS)L,icking County's Metropolitan Planning Organization.
The grant to be applied for would provide 80%20-%funding for proposed pathway,storm
sewer,and road improvements to Newark-Granville Road,for its entire length. The project
was then expected to cost a total of approximately 1$,000,000,with LCATS paying 80%and Granville 20%20, 0(,0$00).
Because Granville was then ready to commit to the project,it was initially approved by LCATS at the estimated amount. After seeking engineering proposals,Curry,Willis & Grove
was selected by the Village to draft plans for the project. In the summer of 1995,following submission of draft plans,Village Council directed Curry,Willis G&rove to remove the third traffic lane originally designed for the section ofNewarkG- ranville Road between Jones and Cherry Valley Roads. The engineer complied,and then submitted a lower revised project cost estimate to LCATS,which approved and locked in its project cost commitment at the resultant lower figure 5(3$2,000).
Subsequently,in the late summer of 1996,with the final project plans due at LCATS and ODOT w(hich had taken on approval authority for the project since the grant program's inceptionb),y October 1, 1996,Curry,Willis G&rove was sold by its owners to another engineering firm whose principals were from Lima,Ohio,and who'd not ever done an ODOT road improvement project. Manager Plunkett notified Council and switched the project
Village of Granville
Council Agenda
December 4, 1996
Page 5
immediately to Bird &Bull,Inc.,an engineering firm that had originally proposed to design
the Newark-Granville Road project at a higher price than Curry,Willis &Grove.
Bird &Bull had worked quickly,meeting with ODOT personnel and Village staff,to
complete the plans for the project. Curry,Willis &grove's computer files for the project,
turned over to Bird &Bull,were found to have been corrupted,and those sections of the
plans had to be reconstructed. The original project on which Curry,Willis &Grove had based
its design proposal,had anticipated 44 mylar sheets for the design;the final plans submitted
by Bird &Bull for ODOT approval covered 98 mylar sheets,more than double the
engineering work originally proposed.
The final plans as submitted to ODOT produced an ODOT estimate for the project' construction cost at 2$,274,000,including s a 10%contingency. LCATS'funding commitment
for the project though,remains at $532,000,meaning Granville wodld have to pay $1,742,000
to construct the project as submitted to ODOT. Manager Plunkett stated that in his opinion
Granville couldn't afford the project in that form.
Manager Plunkett stated that he had directed Chuck Coghlan ofBird &Bull to devise
a plan whereby Granville could construct the Newark-Granville Road project over a period of
two or three years,perhaps breaking up the funding into the project's respective elements of
storm sewers,pathways,and road improvements. By such an approach,perhaps longt-erm financing,such as the issuance of bonds,could be used to pay for those separate but allied improvements in a timely but stretched out payment method. Manager Plunkett said that he'd examine and prepare some of some of those possibilities for Council's review.
Manager Plunkett stated that he had invited Todd Willis,former principal of Curry,
Willis G&rove,to participate in this discussion,but that although Mr. Willis had said he'd be here tonight,he was not.
Councilmember Bellman asked to hear step by step details of the plan.
Manager Plunkett introduced Chuck Coghtan ofBird and Bull to elaborate on the project.
Vice Mayor Freytag stated for the record that he is a resident ofNewark-Granville Road and if Council felt he was therefore conflicted,he would excuse himself if desired. Councilmember Montgomery and Councilmember Drake stated they were in the same circumstance;both reside along Newark-Granville Road.
Council agreed that since NewarkG- ranville Road was such an integral part ofthe community and used as a main artery through Granville by everyone,Councilmembers Freytag,Montgomery,and Drake would be far removed from any direct connection to the approval ofthis project. Law Director Hurst agreed,and he could see no reason why every Councilmember could not fully participate in this discussion.
Chuck Coghtan ofBird B&ull presented the NewarkG- ranville Road project as ' designed. He stated that it is a different project from August to this date. He stated that the original project plan had requirements for additional berm paving,as well as improvements
Village of Granville
Council Agenda
December 4, 1996
Page 6
to storm sewers and pavement. He stated that the current drawings are substantially different
from the original.
Councilmember Bellman asked what made this so complicated.
Chuck Coghlan of Bird &Bull stated that LCATS requirements through ODOT are
specific criteria and additional work had been required by ODOT. He stated that these
requirements must be met in order to secure LCATS funding. He expressed an immediate
concern with the old farm tile that exists in the area. His firm is concerned with liability for
the tile. Who is liable?He stated that agreement between all of parties involved had been
that the storm system would eventually have to be upgraded to replace the tile.
Councilmember Bellman inquired about the cost of an easement. He questioned how
long the original system would last and what percentage of a chance was there that it
wouldn't last five or ten more years.
Chuck Coghlan stated that prior to the existence of Bryn Du,the run off was minimal.
Due to development,the pipe is seeing a substantial increase in run off. Chances for failure
are more significant,although he couldn't give a mathematical answer. He estimated that
within 5 years there could be a collapse of the line. He stated the pathway would be raised
as part ofthe project and would block run off As the pathway is raised,it would become
necessary to improve drainage. The present pipe is constructed of old pipe with a high potential for collapse if something heavy is driven on it.
Vice Mayor Freytag asked for a rough estimate of cost for that storm Chuck Coghlan projects sewer segment. breaking the project into smaller segments will attract
contractors doing smaller scale work. The original project would eliminate smaller bidders. Possibly a select group will undertake this project.
Mayor Marshall's summarization is that the Village was trapped into low LCATS
estimate by a bad engineer. He asked what can we do now to afford this project?
Manager Plunkett suggested that a decision was not required tonight,but he would like to notify ODOT of a plan to either use their rules or forgo that and go on our own. Councilmember Drake stated that we must not oversimplify this situation. We have no other choice but to go on our own. He recommended notification to ODOT.
Councilman Bellman asked why they could not give us 80%of sewer project funds for a revised project.
Manager Plunkett stated that the Village must meet standards set by ODOT or LCATS will not participate,as they are guided by State and Federal Regulations. Some people in Licking County are very jealous of Granville getting this funding.
Councilman Freytag expressed some concern about giving up a valuable engineering error"claim by abandoning this project.
Law Manager Plunkett stated he did not know how this would affect the situation and asked Director Hurst ifwe had a case.
Law Director Hurst stated he had no comment at this time on this situation.
Village of Granville
Council Agenda
December 4, 1996
Page 7
Manager Plunkett stated that ODOT called often requesting a commitment on this
project.
Vice Mayor Freytag asked what the deadline was.
Manager Plunkett stated LCATS/ ODOT wished to put the project out to bid this
spring.
Councilman Freytag suggested we decline ODOT but requested Law Director Hurst
have input with an eye toward filing Granville's claim against Curry,Willis &Grove.
Chuck Coghlan stated that the total of $1,149,000 was only for storm sewer and
pathway. No road pavement. Pavement remains to be addressed.
Mark Zarbaugh addressed several different pavement scenarios for Council to review.
Councilmember Montgomery requested copies of Mark's worksheet. Mark agreed to supply Council with copies.
Councilmember Drake suggested the areas of impact continue to deal with most cost effective way to put in roads. He stated his concern with many years of no milling on
Newark-Granville Road. He suggested that milling option always be taken when paving roads.
Chuck Coghtan proposed to leave explanations and reference sheets for review.
Councilmember Bellman suggested the Village fix what is needed for the bike path and other areas as they arise.
Vice Mayor Freytag suggested that these areas need to be reviewed by a committee; the issue is too detailed for Council to complete tonight.
Councilmember Montgomery asked if any research had been done developed on the project as over the past 10 years.
Manager Plunkett will do research on storm sewers and reconstruct for Council,the status of this situation.
Vice Mayor Freytag stated his concern with progress to date of the Comprehensive
Plan Committee. He is concerned that it will create all kinds of expenses. He would like to
6seme ognutihdse.lines as to where and what the committee is to do,as well as a completion date of
Councilmember Bellman agreed. He stated that Council needs to look seriously at the controversial issues and work·with what we have to implement the Comprehensive Plan to work its course.
Councilmember Montgomery stated that support for the proposal is that the entire masterplan needs to be reworked.
Manager Plunkett stated the Village and Township will split the cost ofthe mailing made earlier this week to Township and Village households.
Vice Mayor Freytag felt the mailing is running another month,off the clock. Councilmember McGowan asked when a date had been set to select the committee.
Village of Granville
Council Agenda
December 4, 1996
Page 8
Manager Plunkett had sent the Comprehensive Plan to Randall Arendt. Plunkett will
again contact Arendt and report to Council so everyone is on the same page.
NEW BUSINESS
Ordinance No. 429- 6.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, 1997w",as introduced and its title read by Councilmember
Montgomery.
Mayor Marshall set the public hearing on Ordinance No. 42-96 for December 18,
1996,at 7:30pm.
Councilmember Drake suggested the meeting of December 18 not be used as a setting
to effectively approach the revisit of the wage/ salary schedule issue.
Mayor Marshall expressed concern with the type of systems we have in reviewing the
compensation issue. He suggested the review of this subject at the beginning of next year by an outside consultant.
Councilmember Montgomery stated her disappointment in not having a wage salary
survey performed by a professional. She suggested a review of salary schedule
recommendations should be made. It is unrealistic to make a comparison to other
municipalities unless salary and benefits are equally look at.
Vice Mayor Freytag agreed but the consultant in 1991 had been careful to make certain employees' cost of living adjustments don't get out of kilter. He suggested an immediate
vote at the next meeting,resulting in no need to get a consultant in view of what has transpired since the 1991 review.
Councilmember Bellman suggested the possibility of a closer look. Possibly freeze
everything while taking the time to research,then,make retroactive changes as of January 1. He stated he is less concerned with how much salaries are,than the size of staff. He stated a concern with an added position.
Manager Plunkett explained the need for an additional person in training for the retiring Finance Manager in 1997,and the Assistant's position would then be eliminated. Vice Mayor Freytag agreed that one person doing two positions could get complicated. Councilmember Bellman expressed a concern for review of the total budget. Vice Mayor Freytag recommended using Mayor Marshall's recommendation to review this matter at the beginning of next year as a matter oftiming
Ordinance No. 43-96,A "n Ordinance To Establish The Granville Village Manager'Salary For 1997w",as introduced and its title read by Mayor Marshall. s
1996,Mayor Marshall set the public hearing on Ordinance No. 43-96 for December 18, at 7:30 pm.
Village of Granville
Council Agenda
December 4, 1996
Page 9
Resolution No. 96-65.A "Resolution To Amend Pay Classifications And Salary Rates
For The Several Departments Of The Village ofGranvillew,"as introduced,read in full,and
moved for adoption by Councilmember Montgomery. Seconded by Councilmember
Bellman.
A motion was made to table Resolution No. 96-65 until the next meeting. Motion by
Vice Mayor Freytag. Seconded by Mayor Marshall; the Resolution was tabled.
Resolution No. 96-66,A "Resolution To Authorize The Village Manager To Enter
Into A Contract Agreement With American Electric Power For Monthly Water Meter
Reading Servicesw,"as introduced,read in full,and moved for adoption by Councilmember
McGowan. Seconded by Vice Mayor Freytag.
Roll call vote was taken to consider Resolution No. 96-66: McGowan yes,Bellman
abstain,Montgomery yes,Drake abstain,Freytag yes,Marshall yes. Resolution adopted.
Resolution No. 96-67,A "Resolution To Authorize The Village Manager To Enter
Into A Lease Agreement With The T.J. Evans Foundation For Land Adjacent To Wildwood
Parkw,"as introduced,read in full,and moved for adoption by Vice Mayor Freytag.
Seconded by Councilmember Bellman.
Roll call vote was taken to consider Resolution No. 96-67: MeGowan yes,Bellman
yes,Montgomery yes,Drake abstain,Freytag yes,Marshall yes. Resolution adopted.
Vice Mayor Freytag expressed a concern with the verbiage of the contract stating that the Village would be responsible for removal of snow and ice.
Manager Plunkett was asked to review the contract.
Country Hearth Inn
Law Director Hurst recommended not rescheduling the appeal hearing of December
18, 1996,as requested by Kirk Combe of 133 Wicklow Drive in his letter to the Clerk of Council dated December 1, 1996. Law Director Hurst had forwarded the request on to
counsel of appellee. The request for reschedule has been declined by appellee. Appeal hearing for Country Hearth Inn will remain December 18, 1996.
Councilmember Bellman stated h6 would like to see a time frame set for discussion by e pu Law Director Ihstaedsthat th
is a misunderstanding ofthe scope ofthil aappppeelalel.esHwisilclopnrceesrenntisththeairtcthaossee. fHileinbgetliheeveaspptheearle believe they can argue the appeal at this time. He stated the need for Council to explain the appeal,in a narrow scope,that it relates Jnly to the site plan process,and not to conditional use,whMicahnwagaesrgPralunntekdetstowmaestiinmsetruacgtoed. to contact Mr. Combe hearing. to explain parameters of
Vice Mayor Freytag recommended a time limit set by Council.
Village of Granville
Council Agenda
December 4, 1996
Page 10
MEETING ANNOUNCEMENTS
Due to the Holidays,regularly scheduled Council meetings for January,1997 have
been rescheduled to the second and fourth Wednesdays.
Councilmember Bellman stated he will possibly be unable to attend Jan 22.
ADJOURNMENT
Vice Mayor Freytag moved to adjourn the meeting at 11:40 p.m. Seconded by
Councilmember Bellman. Motion carried.

Council Minutes November 20,1996

VILLAGE OF GRANVILLE
COUNCIL MEETING MINUTES
NOVEMBER 20,1996
CALL TO ORDER
Mayor Marshall convened the meeting at 7:30 P.M.
ROLL CALL
Those responding to the roll call were:
Councilmember McGowan
Councilmember Bellman
Councilmember Drake
Mayor Marshall
Law Director Hurst
Manager Plunkett
Councilmember Bellman moved to excuse absentee Councilmembers Eisenberg and
Montgomery. Seconded by Councilmember McGowan. Motion carried.
It was noted that Vice Mayor Freytag would be late.
Mayor Marshall welcomed the Boy Scouts from Granville who were present working for
a merit badge.
PUBLIC HEARINGS
A public hearing was held on Ordinance No. 389- 6,A "n Ordinance Terminating The
Existing Lighting Agreement And Authorizing The Village Manager To Enter Into A New
Agreement For Street Lighting For The Village Of Granville."
No one appeared to speak for or against Ordinance No. 38-96. The public hearing closed at 7:32 p.m.
A public hearing was held on Ordinance No. 39-96,A "n Ordinance To Amend
Ordinance No. 37-96 Providing For Adjustments Of The Annual Budget For The Fiscal Year 1996,And Revising Sums For Operating Expenses."
No one appeared to speak for or against Ordinance No. 399-6. The public hearing closed at 7:33 p.m.
Vice Mayor Freytag arrived.
1997 Municipal Budget
citizen. Councilmember McGowan excused himselffrom the Council table in order to speak as a
Councilmember Bellman asked ifthe department heads could give their budget presentation's before the public hearing?
Manager Plunkett stated that the department heads were present to answer any questions concerning the budget. He stated that the 1997 budget is recommendations and the product ofthe
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Village of Granville
Council Meeting Minutes
November 20, 1996
Page 2
entire staff and that a lot ofwork had gone into that budget. He stated that overall recommended
budget expenses amount to $3,924,788 and revenues are $3,665,413 which decreases
expenditures from 1996 11.14%Ma.nager Plunkett asked department heads to go through the
major sections ofthe budget and answer any questions Councilmembers might have.
Police Chief Steve Cartnal explained the Police Department budget, stating that it was
much the same as last year. He stated that salaries and wages refiected the proposed3%cost of
living increase,supplies and materials were up slightly,and Capital Outlay was slightly down
because the department will be replacing only one cruiser. He stated that the overall increase is
3.63%
Councilmember Bellman questioned the salaries and wages increase from last year. He
stated that he would like to see each individual expenditure in that account because he felt that the
account should be considerably less.
Manager Plunkett explained that the Cops Fast Grant would be paying only 1/3 of a patrol
officers salary this year compared to the entire salary for an officer in 1996. He stated that he would get the requested information.
Manager Plunkett stated that the Street Lighting Account included $ 33,000 additional for
the purchase of street lights, and explained several other accounts in the proposed budget that
were similar to 1996 appropriations.
Councilmember Bellman stated that the Streets and Sidewalks Committee had met before
tonight's meeting and one ofthe items discussed had been Newark-Granville Road. He asked if
the $ 200,000 is still available for that project.
Manager Plunkett stated that most of those funds are available,however,some ofthat
ampopnreoyprhiaadtiobneen spent for engineering. He stated that those funds are proposed for re- to replenish that account in 1997.
Service Director Mark Zarbaugh explained his areas ofthe budget. He stated that Street Construction was for miscellaneous road improvements,micro surfacing,necessary storm sewer and curb work for 1997,as well as for Newark Granville Road. He stated that Chuck Coghlan of pBriordjeacnt.d Bull would attend the December 4th meeting to discuss the NewarkG- ranville Road
Vice Mayor Freytag asked how much ofthe 1$.7-2$.2 million estimated for the Newark Granville Road project was for the road?
Mr. Zarbaugh stated that the entire project is broken down into three categories: Bikeway,storm sewers,and roadway improvements. He stated that approximately6 $00,000 for road improvements. He stated that the road should last 12 to 15 was maintenance. years depending on the
Vice Mayor Freytag stated that the proposed financing of20 year bonds will not be acceptable if the road does not last that long.
Manager Plunkett stated that the bond consultants would not agree to that unless an engineer certified that the road wiltlast 20 years. He stated that the staffis scrambling with each element ofthe project at this time,trying to find alternatives to the current problems. He stated that he would have a fuller explanation ofthe project at the December 4 meeting.
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Village of Granville
Council Meeting Minutes
November 20, 1996
Page 3
Service Director Mark Zarbaugh stated that the salaries and wages accounts reflect the
proposed3%cost of living increase and explained several other accounts.
Councilmember Bellman asked why transfers was increasing?
Mr. Zarbaugh stated that in 1996, the entire $ 40,000 was not included in the Equipment
Reserve Fund.
Manager Plunkett explained that there is a formula for all new equipment using life value
and expected service. He stated that at the end of that life cycle,there are funds available for
replacement. He stated that in 1997,there are at least 2 pieces ofequipment not included in 1996.
Councilmember Bellman stated that that seemed out of line and directed the manager to gather more detailed information.
Mr. Zarbaugh stated that $15,000 in the Storm Sewer Account is proposed in 1997 for
mapping updates in order to keep system maps up to date. He stated that account mostly
consisted of operating supplies for maintenance of existing storm sewers. He stated that in the sidewalk fund should expenses drop quite a bit because in recent years the West Broadway Sidewalk
extension and New Burg Street pathway were completed; extensive sidewalk replacement
throughout the downtown too, had been completed in 1996.
Vice Mayor Freytag questioned the amount budgeted in 1996 for the South Pearl Street
storm sewers. He asked what amount that had been budgeted in 1996?
Mr. Zarbaugh stated that a$107,000 had been appropriated in 1995 and again in 1996,and
stated that the project had now been dropped because of the inability to obtain an easement. Vice Mayor Freytag stated that South Pearl Street had been a high priority project at one time.
Manager Plunkett stated that other priorities now need to be addressed. He stated that the village had tired unsuccessfully to obtain the necessary easement. He stated that eminent domain
process had never been directed, and the stafffelt that other projects need to be undertaken.
Vice Mayor Freytag stated that the higher priority projects should be competed first even ifit means taking an easement. He stated that the project had been talked about for three years and ifit is a high priority project,the village should pursue it.
Mayor Marshall agreed and stated that the conversation should be removed from the budget discussions.
Law Director Hurst stated that if one was to pursue the necessary litigation,it would be five to seven months before the matter would be resolved,and could be out 6fthe 1997 construction time.
Vice Mayor Freytag stated his opinion,that the money should be appropriated to build the storm sewers in 1997.
date, Mayor Marshall stated that he would like to hear again the details ofwhat has happened to before any action is taken.
Mark Zarbaugh stated that 2$0,000 is proposed for paving ofthe Service Department lot and explained several other items budgeted for 1997. He stated that two pickup trucks are budgeted in the equipment reserve account as is as a tank for the AMZ machine's material. Manager Plunkett stated that Finance Director Shirley Robertson and soon to be appointed Assistant Finance Director Molly Roberts were present to discuss the administrative 1
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Village of Granville
Council Meeting Minutes
November 20, 1996
Page 4
budget. He stated that Shirley Robertson will be retiring in 1997 and will miss some time in
January for medical treatments. He stated that as ofJanuary 1, he would appoint Molly Roberts as
Assistant Finance Director and when Shirley retires,promote Molly to permanent Finance
Director.
Manager Plunkett stated that the administrative budget is self explanatory. He stated that
the proposed budget reflects the promotions of Income Tax Commissioner Molly Roberts and
Clerk. Carie Miller. He stated that the Clerk's replacement is scheduled to start next week,in
order to provide a smooth transition in January when Carie and Molly's promotions take effect.
He stated that he had proposed,and the Personnel Committee had agreed,to eliminate StepjA
from the wage and salary schedule. He stated that the minimum wage had increased and will
increase again in 1997, and eliminating Step A would bring some positions in line with the
minimum wage requirements and would change the current salary scale from nine steps to eight.
He stated that lately,there has been difficulty hiring a laborer for the service department willing work for Step to A. He stated that the same difficulty had been found in replacing the clerk and the Planner.
Manager Plunkett stated that 23%of village employees are at the top ofthe pay scale and will not receive a raise unless there is a cost of living increase.
Finance Director Shirley Robertson stated that minimum wage will increase to $5.25 next
year and the Village's Step A is below that in some areas. She stated that when the accounting
clerk had been hired a few months ago, it had been hard to find someone qualified for the job who would work for the wages offered at step A.
Manager Plunkett stated that there is close to 2$0 million ofwater equipment and 8$0,000 in trucks and the like that the staff is responsible for. He stated that the Village needs to be able to hire qualified people.
Councilmember Bellman asked ifManager Plunkett had thought ofdownsizing?He stated that private corporations are doing this and perhaps the administrative staff could be downsized. He stated that he was wondering if having a water office in the front ofthe building was necessary. Manager Plunkett stated that over 4$0,000 a month is collected in water payments. He asked how the money would be accounted for ifthe accounting clerk position was eliminated? Councilmember Bellman suggested that perhaps the police dispatchers could take water payments.
After a discussion,Councilmember Drake suggested the manager take a look at the Village staff and see ifwe are getting the maximum potential out ofthe entire staff and ifnot, look for ways to improve that.
Vice Mayor Freytag stated that he did not see the need for the suggested elimination of Step A in the salaryw/age scale. He stated the positions to be affected by the minimum increase should be raised,however he did not wage stated that the see the need for the entire elimination of Step A.He stated reason there is trouble hiring currently is because there is a full economy .He that when there is a downturn in the economy,a number ofpeople will be willing to work aabt oSvteep A. He stated that the manager should have the authority,at his discretion,to start people Step A when necessary.
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Village of Granville
Council Meeting Minutes
November 20, 1996
Page 5
Mayor Marshall stated that the Personnel Committee had not considered a downturn in
the economy.
Manager Plunkett stated that a proposed wage and salary study to look at all factors is
proposed for 1997.
Vice Mayor Freytag stated that he did not see a need for a study at this time. He stated
that a study had been performed in 1991, and a cost of living adjustment had been given each since that time. year He stated that nothing should be out of kilter,since a cost of living had been given
each year. He stated that in 1990,some employees received massive raises. He stated that he
could not see spending $ 8,000 to redo such a study at this time.
Mayor Marshall stated that the Personnel Committee felt that after five years,maybe the
pay scale deserves a restudy. He stated that the committee had felt that everyone would benefit
from an outside consultant reviewing wages.
After a discussion, Vice Mayor Freytag stated that there is no reason to drop Step A at this time,and the Manager should use his discretion as to when to start someone above Step A.
Councilmember Bellman stated that he felt Councilmembers should have a budget for
expenses such as photo copying, postage, etc. He stated that he has had several out of pocket
expenses this year and would like to see some kind of account for this.
After a discussion,Councilmember Bellman was directed to inform the Manager with an amount to be appropriated for Councilmember's expenses.
Vice Mayor Freytag questioned the 5$,000 appropriated for a sound recording system. Manager Plunkett stated that that figure had been a rough estimate and would be rdduced
now that the staff had an idea ofthe actual amount being spent.
Village Planner Reza Reyazi explained the Boards and Commissions Account. He stated that no major changes from last year were proposed. Some funds are to be appropriated for digitializing maps for the Planning,Utilities,and Tax Departments. He stated that he hopes to coordinate with Denison University for an intern to help with this project. He stated that there had been a minor increase in supplies to allow for computer upgrades.
Manager Plunkett explained the large increase in the law budget for 1997. He stated that the Law Director now had office hours on Wednesday afternoons,which increased his hours. He stated that the Prosecutor is paid out ofthis account as are outside Counsel for various cases. He stated that he is unsure ofcoming expenses with potential law suits regarding the moratorium and annexation issues,and had budgeted 5$0,000 for contractual services in 1997. Witter Superintendent Larry Fruth explained the proposed water department budget for 1997. He stated that in 1997,money is appropriated for purchase of a C02 tank. He stated that the tank currently at the department is leased at $10,000 a year,plus maintenance costs. He stated that the department felt it would be more efficient and cost effective to purchase such a tank. Manager Plunkett explained the remaining water budget.
1997. Assistant Village Manager Joe Hickman explained the Sewage Collection Budget for
1 Councilmember Bellman asked about debt service.
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Village of Granville
Council Meeting Minutes
November 20, 1996
Page 6
Manager Plunkett stated that sewer customers pay a monthly debt service charge which is
used to pay two primary debts. He stated that one is for the sewage treatment plant and the other
is for sewer improvements in 1996.
Councilmember Bellman stated that monthly water bills have gone up substantially and he
wondered why. He stated that he would like to see a breakdown mathematically.
Manager Plunkett stated that he would gather that information.
Constance Barsky stated that she had attended a council meeting at budget time several
years ago and asked what happened to the graphs that use to be made,outlining the budget.
Manager Plunkett answered that Council had changed and the present Council had asked
to see the actual numbers rather than graphs.
Matt McGowan of 330 Spellman Street stated that he had removed himself from the table
as a Councilman to address the same issues he had raised last year at this time when he was told it
was too late. He stated that he had called twenty five municipalities and talked to twenty five
finance directors who received a questionnaire to fill out regarding raises. He stated that he hadn' gotten all the t responses back yet,but no municipality is getting increases like Granville
employees. Mr. McGowan read a prepared statement outlining percentages of raises in other municipalities.
Councilmember Drake stated that he had raised the question before when he had first
come on Council years ago. He stated that the question was still in his mind about increases for
tehveemryoanuetoamnadtiacaclolys.t of living increase. He stated that he could see awarding raises but not getting
Councilmember McGowan continued stating percentage of raises for municipal workers in other communities.
Mayor Marshall stated that based on the conversation,spending the 8$,000 for a salary study seems like a good idea.
issue. After a discussion,Vice Mayor Freytag suggested a work session to discuss the salary
REVIEW AND APPROVAL OF MINUTES
The minutes ofthe regularly scheduled meeting ofNovember 6, 1996,were presented for review. Councilmember Drake moved to approve the minutes as corrected. Seconded by Councilmember McGowan. Motion carried.
MAYOR'S REPORT
The Mayor's Report for the month ofOctober was presented for review. Mayor Marshal noted that speed citations had increased substantially and everyone one should know why.N (orth Pearl Street Speed Limit Strictly Enforced)
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November 20, 1996
Page 7
Councilmember Drake stated that one could sit in his driveway and find the same number
of citations.
Mayor Marshall directed the clerk to file the report. A copy ofthat 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 Drake moved to accept the report. Seconded by Councilmember
McGowan. Motion carried. A copy ofthat report is attached as part ofthese minutes.
CITIZENS COMMENTS
Bill Wernet stated that he had heard that Dave Longaberger's gated/riveway would be affected by the moratorium and Mr. Longaberger would be unable to get a permit for
construction. He stated that the moratorium excludes single family residents and stated that although the mansion is a massive structure,it was a single family residence.He stated that the moratorium was not intended to affect Mr. Longaberger and asked that Mr. Longaberger be allowed to build ifit was legally allowed.
Councilmember Drake stated the material sent from Manager Plunkett did not indicate anything with that thought in mind. He suggested that the village administration look at the situation with that aspect in mind. He stated that one can't tell what people intended to do. Mayor Marshall stated that this may be a case of unintended consequences.
Carl Wilkenfeld stated his opinion that two items on the agenda underN "ew Business"subject to the moratorium and should not be dealt with. He stated those items are Setting the Appeal Hearing Date for Country Hearth Inn. were Fackler and
Constance Barsky stated that Mayor Marshall and former Mayor Eisenberg should be complimented for the standards they have set in Mayor's Court. She stated that Granville's reputation is known statewide and she is happy to see that.
COMMITTEE REPORTS
Councilmember Drake stated that he had been Council's representative at the Comprehensive Plan meeting last night. Although Council had initially directed that there not be a nominating committee,he had not heard subsequent objections. He stated that the committee will meet again Sunday night to try to figure to the next steps. Vice Mayor Freytag stated his opinion that it was imperative for the village do its part in the moratorium process within six months. He stated that residents in the township do not have the same constraints that the village is under. He stated his opinion that the moratorium needs to conclude in six months or the Village will increase the likelihood oflawsuits. He stated that he
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November 20, 1996
Page 8
had heard comments that were way off the mark from the original intent of the moratorium. He
stated that people had been talking about re-doing the comprehensive plan when there was only
fine tuning needed. He stated the that he did not think it was advisable to go back to the beginning of process.
Councilmember Drake agreed that something needed to be done within six months.
Vice Mayor Freytag suggested the issue be put on the agenda for the next meeting.
Councilmember Bellman reported on the Street S&idewalks Committee meeting. He stated that the committee had started the process oflooking at Cherry Valley Road. He stated that the committee will meet again in January because many ofthe committee members had several things going on at this time. He stated that committee did review the proposed 1997 budget and he would like to see money put aside for land acquisition.
Mayor Marshall reported on the Planning Commission's November 18 meeting. At that meeting,the Commission had approved several applications.
OLD BUSINESS
Ordinance No. 38-96,A "n Ordinance Terminating The Existing Lighting Agreement And Authorizing The Village Manager To Enter Into A New Agreement For Street Lighting For The Village OfGranvillew,"as reintroduced,its title read,and moved for adoption by Mayor Marshall. Seconded by Vice Mayor Freytag.
Councilmember McGowan stated that he would like to know how much money had been spent per fixture per year and how many replacements had been done. American Electric Power Representative Steve Reaves stated that the Ordinance adopts the tariff that is now applied to all municipalities and terminates the old agreement that expired two years ago.
Councilmembers Drake and Bellman noted that they would be unable to vote on the coordninflaicntcoefbinetcearuesset. their law firms represented American Electric Power and it may be a
Councilmember McGowan moved to table the Ordinance. Seconded by Vice Mayor Freytag. Ordinance No. 38-96 was tabled.
Ordinance No. 399- 6,A "n Ordinance To Amend Ordinance No. 37-96 Providing For Adjustments OfThe Annual Budget For The Fiscal Year 1996,And Revising Sums For Operating Expensesw,"as reintroduced,its title read,and moved for adoption by Councilmember Drake. Seconded by Vice Mayor Freytag. Roll call vote: Eisenberg absent,McGowan yes,Bellman yes,Montgomery absent, Drake yes,Freytag yes,Marshall yes. Five yes votes. Ordinance No. 39-96 was adopted.
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November 20, 1996
Page 9
Resolution No. 96-58,A "Resolution To Adopt The Plan Of The Street Light
Committee For Replacement Of Street Lights Throughout Granville.
Councilmember McGowan moved to remove Resolution No. 96-58 from the table.
Seconded by Vice Mayor Freytag. Motion carried.
Vice Mayor Freytag asked if the Resolution adopted the Street Lighting Committee's recommendations to which Councilmember McGowan answered that it seemed to be what
the committee had agreed to at the last meeting.
Assistant Village Manager Joe Hickman stated that the Planning Commission had
recommended not adopting the Light Committee's plan because the lights would greatly interfere with Denison University's star watching program.
Mayor Marshall stated that he would not vote in favor for the resolution because AEP would replace all the old incadensecent and mercury vapor lights at no cost to the Village,and a reduction ofthe power bill. He stated that he saw no reason to spend 3$3,000 this year and 33,000 next year on Street Lights when there are higher priority projects. He stated that he was in favor ofthe downtown decorative fixtures,but would not vote in favor ofthe resolution. After a discussion, a roll call vote was taken: McGowan yes,Bellman abstain,Drake abstain,Freytag yes,Marshall no. Resolution No. 96-58 was defeated.
NEW BUSINESS
Ordinance No. 41-96,A "n Ordinance To Amend Ordinance No. 379-5 Providing For Adjustments OfThe Annual Budget For The Fiscal Year 1996 And Revising Sums For Operating Expensesw,"as introduced and it title read by Councilmember Drake. Mayor Marshall set the public hearing on Ordinance No. 41-96 for December 4,1996, at 7:30 p.m.
Resolution No, 96-61,A "Resolution To Authorize The Village Manager To Enter Into An Agreement With Frank Elmer Associates For Preparation And Drafting OfA Design Review Ordinance And Reporting To The Village Council Thereonw,"as introduced,read in full,and moved for adoption by Councilmember Drake. Seconded by Vice Mayor Freytag. Motion carried. Resolution No. 96-61 was adopted.
Resolution No. 966- 2.A Resolution To Authorize The Village Manager To Advertise For Bids For The Purchase OfA Vibratory Tandem Rollerw,"as introduced,read in full,and cmaorrvieedd.for adoption by Councilmember Bellman. Seconded by Vice Mayor Freytag. Motion Resolution No. 96-62 was adopted.
Resolution No. 966- 3,A "Resolution To Accept The Facilities At The Glen At BEerilnlmwaoond. Phase II,w"as introduced,read in full,and moved for adoption by Councilmember Seconded by Councilmember Drake.
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It was noted that slow plowing should not occur if there are no houses in the
subdivision.
Motion carried. Resolution No. 96-63 was adopted.
Councilmember Bellman stated that he had faxed a revised Finding of Fact to the
Village Offices earlier,changing the form somewhat from what had been proposed.
Law Director Hurst stated that the previous resolution had been put together quickly
because of time constraints and it had been his gut reaction that the BZBA had exceeded its
jurisdiction when they ruled on the no left turn restriction. He stated that Council found the
previous resolution to be s"loppya"n,d ordered an answer. He stated that it had been his
opinion that the BZBA did not have jurisdiction to impose those restrictions. He stated that
the appeal of two conditions had come before Council and one condition can't be ignored. He
stated that the form of the resolution is not in question,however the no left turn issue needed to be addressed.
Councilmember Bellman disagreed with Law Director Hurst's opinion.
Vice Mayor Freytag moved to add paragraph eight to the Finding of Fact stating that
the BZBA does not have jurisdiction in this case to have considered the no left turn issue and
should not reconsider it in the this case. Seconded by Councilmember Drake. Motion carried.
The Resolution was amended.C (ouncilmember Bellman voted against the motion.)
Resolution No. 96-64,A "Resolution Of Remand With Instructionsw,"as introduced,
read in full,and moved for adoption as amended by Vice Mayor Freytag. Seconded by
Councilmember MeGowan. Motion carried, C(ouncilmember Bellman voted against Resolution No. 96-64.)
Set Appeal Hearing Date -Country Hearth Inn Site Plan
Mayor Marshall set the appeal hearing date regarding Country Hearth Inn's site plan for December 18, 1996,at 7:30 p.m.
ADJOURNMENT
Vice Mayor Freytag moved to adjourn the meeting at 11: 55 p.m. Seconded by Councilmember Drake. Motion carried.

Council Minutes November 6, 1996

VILLAGE OF GRANVILLE
COUNCIL MEETING MINUTES
NOVEMBER 6,1996
Mayor Marshall convened the meeting at 7:35 PM.
ROLL CALL
Those responding to the roll call were:
Councilmember Eisenberg
Councilmember McGowan
Councilmember Bellman
Councilmember Montgomery
Councilmember Drake
PUBLIC HEARINGS
Vice Mayor Freytag
Mayor Marshall
Law Director Hurst
Manager Plunkett
Boto Els 21
Sallor 0*nerleSL- '
OU·V,U- L4-,-Q_62F' reou.¢
Mayor Marshall stated that during the three public hearings, citizens may comment one at a
time on each ofthe three ordinances and asked that comments not be repetitive. He asked the
applicants not to speak at this point;they would have the opportunity to speak when Council
considers the ordinances. He stated that anyone offering evidence would be sworn in by Court
Reporter Carrie Masterson. ( The Court Reporter recorded all public hearings,deliberations and
votes on Ordinance No. 23-96,Ordinance 34-96,Ordinance No. 35-96 and Ordinance 40-96)
A public hearing was held on Ordinance No. 23-96,A "n Ordinance Approving The
Development Plan For Bob Evans Farms With Conditions."
Councilmember Bellman excused himself from the discussions.
Judith Thomas of4 Shepard Place reminded Council ofthe citizen action with the
moratorium that began approximately six months ago. She stated that in the election yesterday,
over 1,100 residents 7( 0%ask)ed for a time out and voted for the moratorium despite the legal
questions that had been raised. She stated that a vote on Bob Evans or SuperAmerica would be
seen as a violation of the will of the citizens of Granville and she urged Council to table any action
on Bob Evans and SuperAmerica.
Planning Commission member Mark Shulman of435 West College Street stated that he
can not speak for or against the project but would ask that Council consider three modified
conditions: the entrance drive being built to village standards;reducing the 44 sq. ft. signs proposed;and adopting a time table ofwhen and what improvements have to be completed. Constance Barsky of221 East Elm Street read a 1995 quote from a Granville citizen in which he asked questions regarding Cherry Valley Road and SR 16,the impacts development would have on Granville,had the zoning code been met in all cases and ifnot,why, Dee Dee Cook of 1137 Cherry Valley Road stated that she was amazed that any business
ever starts in Granville. She reminded Council that the south side ofCherry Valley Road did not want to be in the Village,that they had been happy in Granville Township. She stated that the businesses that want to come to Granville will create jobs and the Cherry Valley Road area is zoned commercial at the wish ofthe residents in the area. She stated that Cherry Valley Road was
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November 6, 1996
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a busy street and that the residents on the south side ofthe road did not feel that they were a part
of Granville and that the Village should let the businesses in.
The public hearing closed at 7:52 p.m.
A public hearing was held on Ordinance No. 349- 6,A "n Ordinance To Approve The
Development Plan For SuperAmerica Corporation As Recommended By The Planning
Commission."
Planning Commission member Mark Shulman of 43 5 West College Street stated that he
was not speaking for or against the ordinance but again had some additional conditions that
should be considered if the Council was to approve the plan. He stated that the Pathway plan of
the Village calls for a bikeway access to the SuperAmerica property from the TJ Evans bikepath
and he believes that it was an oversight of the Planning Commission not to include that. Mr.
Shulman stated that the access road should be subject to staff and engineering recommendations
and that in his opinion, the sign on the front of the building is unnecessary. He stated that a time
line should or a bond should be required so that all improvements are made whether the building
is completed or not.
Ed Vance of 248 Thornwood Drive stated his beliefthat a SuperAmerica gas station is
not an allowable use under the current zoning ofthe property.
Clifton Crais of 234 Pearl Street stated that he hoped Council would vote no on the
ordinance for the reasons noted by other residents. Mr. Crais asked the representatives of the
developments to ask Council that their applications be tabled and to work with the citizens.
Carl Wilkenfeld stated that the kind ofjobs that these developments would bring to
Granville are low skilled,low paying jobs which can be replaced by high skilled,high paying jobs.
He stated that Granville is looking in the wrong direction and this is not the kind of development
to bring to Granville.
Ron Cook of 1137 Cherry Valley Road stated that the snobbish attitude of Granville is
what has taken so long with the discussions on development. He stated that developers have been
here a long time and have spent a lot ofmoney working with Council. He stated that he did not know why developers did not put a stop to this and take legal action.
The public hearing closed at 8:02 p.m.
A public hearing was held on Ordinance No. 35-96,A "n Ordinance Approving The Development Plan For David Longaberger's Proposed Gate And Driveway On Newark Granville Road."
Carl Wilkenfeld stated his concern with the history ofthe proposed gate and driveway. He stated that the Planning Commission had been overturned regarding the fence and now has been overruled on the driveway with the removal ofthe guard houses. He stated that he is uneasy continuing in this fashion unless something is in writing from Mr. Longaberger that this is the end ofhis asking for things.
Mark Shulman of435 West College Street stated that at an earlier meeting,someone had made the comment that Planning Commission members were voting with their hearts and not their heads. He stated that the Planning Commission had had no choice but to turn down the
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Council Meeting Minutes
November 6, 1996
Page 3
application for the fence. He stated that the code speaks directly to eliminating curb cuts and
changing vistas and states that no fence shall exceed 42 inches.
The public hearing closed at 8: 05 p.m.
REVIEW AND APPROVAL OF MINUTES
The minutes of the regularly scheduled meeting of October 16, 1996,were presented for
review. Councilmember Eisenberg moved to approve the minutes as corrected. Seconded by Vice
Mayor Freytag. Motion carried.
CITIZENS COMMENTS
Dee Dee Cook of 1137 Cherry Valley Road stated that she had seen where a meeting will
be held by the Streets and Sidewalks Committee regarding Cherry Valley Road and asked if the south side ofthe street would be affected?
Manager Plunkett stated that the Committee would be meeting to discuss traffic
improvements for the entire area.
Councilmember Bellman stated that the committee.will be focusing on the north side of SR 16 because ofthe immediate task at hand.
Constance Barsky of 221 East Elm Street stated that she hoped the committee would be
addressing the overall traffic plan. She stated that it is critical to have one study that shows the
impact of the proposed developments in the area. She stated that another important item to note is
to get things in writing. She stated that the access road to Galway Drive was not followed
through when Wendys came in and there is nothing in writing to deal with that.
Jane King of 439 North Granger Street stated that she would like to know the personal
impact passage of the moratorium had on each Councilmember. She stated that Council choosing had been to ignore the citizens and perhaps now Council will think it's worth paying a little more attention to the people in Granville.
Councilmember Eisenberg reminded the citizens that the initiative would not have been on the ballot if Council had not put it there.
Councilmember McGowan stated that he was glad to see the support for the moratorium and glad to see the community involvement.
Councilmember Drake stated that he was not surprised to see the moratorium pass. He stated that he did not know that it necessarily meant that it can be applied beyond its terms. He stated that he would do his best to implement it and that in his mind it does not drop the curtain on things that are already here.
Ashlin Caravana of209 East Elm Street stated that this effort is just the beginning ofthe process and she hoped everyone would not disappear;she hoped everyone would stay involved. Judith Thomas of4 Shepard Place stated that ifthe Council had been willing to act in July the citizens would not be here today. She stated that the moratorium would have begun sooner,
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November 6, 1996
Page 4
and that this is something that matters to the community,and she did not think it was too late to
table any action.
Dee Dee Cook stated that if Council and the Zoning Boards had passed Bob Evans from
the beginning,there would be no moratorium and we would be eating there now.
Clifton Crais read a prepared statement from Citizens for Sensible Growth supporting the
moratorium and the opportunity to restore faith in local government.
Tony Tanner of Pataskala stated that City Council is a thankless job and as a citizen of
Licking County he wanted to say thanks for doing things right for Granville.
Jerry Griffin of 4 Shepard Place read a quote from Mayor Marshall that had appeared in
the Advocate concerning the moratorium.
Mayor Marshall stated that he had been miss quoted in the article. He stated that the
moratorium would not influence his vote because every subject that come to the table is looked at
on its own merits.
Planning Commission member Lyn Robertson of 342 Granger Street stated that Bob
Evans has been working with the Planning Commission for about 2 years. She stated that she
would like to address the representatives who are seeking to come into a much beloved town
where many people have different views. She stated that the community needs to speak together
and the moratorium is a time where everyone could work together. She stated that six months is a
very short time and asked that the development plans be tabled so that Granville can retain its quality of life.
Planning Commission member Richard Salvage of 73 Berline Court asked when the
moratorium would go into effect without emergency action from Council.
Law Director Hurst stated that legislation passed as an emergency becomes effective
immediately upon passage. He stated that ifthis legislation is passed as an emergency tonight,the ordinance is effective tonight. Ifthe legislation is not passed as an emergency,it becomes effective
30 days after it is passed. Ifthe emergency clause is not passed tonight,the ordinance will be scheduled for public hearing and action at the next Council meeting.
Mr. Salvage stated that a number of people feel that the moratorium is not constitutional
under Ohio Law. He stated that perhaps Council would postpone action guidance. to get some judicial He stated that the people who work with the existing code do care about Granville and he thought everyone felt as passionately about Granville as the people proposing the moratorium. He stated that many residents participated in the master plan drafting,and that the people who work with the plan do everything they can to adhere to the plan.
Carl ?of South Prospect Street stated that the bottom line issue is traffic on SR 16 and Cherry Valley Road. He stated that semi trucks stop along side the road and cross the median to pick up burgers. He stated that he drives up SR 16 several times a day and traffic is bad. He stated he would vote against any ordinance that would draw more traffic to that area. Lyn Robertson stated that in her experience on the Planning Commission, on numerous occasions, something is written in the Comprehensive Plan that connects to the zoning ordinances. She stated that the zoning document is claimed by a legal opinion not to have any connection with the master plan. She stated that we need time out to decide and lay down procedures so that everyone knows exactly what to do. 1
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Council Meeting Minutes
November 6, 1996
Page 5
Ed Vance of Thornwood Drive stated that the biggest single piece of evidence that these
businesses should not be allowed is the fact that 80%of them on Cherry Valley Road require legal
action by the Village.
Ron Cook of 1137 Cherry Valley Road stated that anyone applying in the village would
have to go through legal procedures. He stated that he agrees that there is a lot of traffic on SR
16 and Cherry Valley Road,but that area is not the Village of Granville. Mr. Cook relayed an
instance when the Granville ambulance would not serve his neighbor and when the Village Offices
had to be reminded to service the area with services such as leaf pick up.
Carl Wilkenfeld stated that Granville could use a time out. He stated that many have
argued fairness to the applicants but he did not feel he had been treated fairly,and that people
have rights as citizens. He stated that the only fair thing to do would be to table action until the
laws could be updated.
COMMITTEE REPORTS
Councilmember Montgomery reported on the November 4 Planning Commission meeting.
At that meeting,the commission approved construction zoning certificates for 546 North Pearl
Street and 448 West Broadway,approved a sign permit at 110 East Elm Street,and held a public
hearing on the proposed Fackler development at 1960 Newark Granville Road. That public
hearing was continued until November 18. The Commission also discussed Finding of Fact
procedures and signed the Finding of Fact for Country Hearth Inn. The next meeting will be November 18.
Councilmember McGowan reported on the Recreation Commission meeting ofNovember
5. In May ofnext year,the commission will have aM%operating levy on the ballot. The
commission discussed the possibility of installing restrooms at Wildwood Park,the replacement
directors for the commissionR (od and Debbie McPeek are retiring)a,nd the new TJ Evans bikeway dedication ceremony to be held this Saturday.
Councilmember Bellman stated that the Granville School's Charitable Foundation will
meet at 7:00 a.m.,on November 14 at the Cherry Valley Lodge. He stated that he will be unable
to attend that meeting and invited any member of Council to attend in his absence.
Councilmember Bellman stated that the Streets and Sidewalk Committee will meet Tuesday,November 12,at 7:30 p.m. at the Village Offices. He stated that the committee hopes to sit down in a relaxed friendly atmosphere to devise a mission statement for the traffic issues on Cherry Valley Road.
Councilmember Eisenberg reported on the Personnel Committee meeting. He stated that a detailed report ofthe meetings is available and that the committee had recommended several items which would all be discussed in detail at length in the budget recommendation. The committee also recommended a wage and salary survey be undertaken and completed in 1997. 1
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OLD BUSINESS
Mayor Marshall stated that Court Reporter Carrie Masterson would be swearing in
anyone presenting evidence and that would be followed by cross examination,at which point
Council will discuss review of the matter. He stated that anyone speaking would need to be sworn in.
Larry Wills, Real Estate Manager for Bob Evans Farms,stated that he had been before
Council on numerous occasions and had been involved in the process for 2 years. He stated that
Bob Evans had been a party to the overall rezoning of the land south on Cherry Valley Road and
SR 16. He stated that at that time,a tremendous number of residents in the area were in favor of
rezoning that area to PUD. He stated that at all times,Bob Evans had represented themselves as
Bob Evans Farms, and everyone knew what was planned to be built at that intersection. He stated
that they had been through several meetings with the Planning Commission, and had modified
many things at the request ofthe Planning Commission. He stated that Bob Evans had met with
the Village staff and engineers on several occasions. He stated that Bob Evans ended up at impasse with the Planning Commission an and believed the main problem was architectural and did
not feel that the zoning code addressed aesthetics. He stated that Bob Evans had asked for a vote
at the Planning Commission and received a three to two vote of denial on the project,which sent them to Council. He stated that the Planning Commission's Finding ofFact stated three reasons for disapproval ofthe plan. He stated that Bob Evans had tried to change those three items. He
stated that they had proposed to install a three foot landscape buffer,move the sidewalk back and
allow parking in front ofthe building. He stated that parking in front ofthe building had been a safety concern for which Bob Evans felt the commission had agreed. The other concern was the
proposal for 88 sq. ft signs where 24 sq. ft was allowed. He stated that Bob Evans did eliminate a ground sign and agreed to a 44 sq. ft. sign on Cherry Valley and Council had allowed that sign
variance. He stated the Council approved the development plan but, unfortunately there was a faulty notice and council had to rescinded its ordinance to approve the plan. He stated that he
understood that a moratorium had passed,but was not sure ofthe effect on Bob Evans. He stated that Bob Evans did change the color ofthe roofto gray and had removed some lights at the
request ofthe commission. Mr. Wills asked for approval ofthe site development plan.
Constance Barsky of 221 East Elm Street stated that she had filed an appeal after the approval ofthe Bob Evans development plan for a number of reasons,one being the failure to properly advertise the notice of public hearing. She stated that other issues dealt with Council negotiating changes without having a relevant site plan and without the Planning Commission's review ofthe plan. She stated that she had provided Council with a letter that included a chronology of issues in the Bob Evans case. She stated that it has been a long time since the Planning Commission has seen the plan, and there have been several revisions to the plan including engineering changes and lighting changes. She stated that the porch on the plan is different than the plan submitted to the Zoning office and there had been changes to the landscaping plan. She stated that she felt those changes were significant enough to be remanded
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November 6, 1996
Page 7
back to the Planning Commission. Ms. Barsky presented several pictures of different Bob Evans
restaurants in Ohio.
Larry Wills stated that one of the pictures presented is an older style building with the
main entrance in the center.He stated that Bob Evans' has updated that style with a side entrance.
He stated that one ofthe buildings is restaurant designed for smaller communities that are now
inefficient. He stated that the red building could be built in Granville,but Bob Evans felt that that
is not what Granville wanted.
Carl Wilkenfeld stated that in recent Council deliberations,the Mayor and Councilmember
Drake had praised the Planning Commission's decisions and made statements concerning if
changes in plans had been made,the application should be remanded back to the Commission. He
stated that in this case there are many changes that the Planning Commission is unaware of.He
stated that unless Council has become experts,he didn't see how they could make an intelligent
decision. He stated that the Bob Evans building does not meet the current code and that basically
Bob Evans is dictating to Granville what their building is going to look like and he didn't think
that was right.
Planning Commission member Lynn Robertson stated that the building shown to Council
tonight does not look anything like what had been shown to the Planning Commission. She
challenged Council to go through the plan item by item as the Planning Commission does to make . certain everyone knows what they are voting on.
Larry Wills stated that the building does not look like the one presented to the Planning
Commission because the color of the roof had been changed from red to gray. He stated that their
plan is still in file in the zoning office and they would stand by those plans. He stated that if Council wants to go over any item,he would be more than happy to do that. He stated that trunk a sewer has been designed for the Village to tie into the Westgate Drive property and that
Bob Evans and SuperAmerica will spend about $ 250,000 building the sewer system;in addition to many thousands of dollars already spent to design them.
Ordinance No. 23-96, A"n Ordinance Approving The Development Plan For Bob Evans Farms With Conditionsw,"as reintroduced,its title read,and moved for adoption by Councilmember Montgomery. Seconded by Councilmember Eisenberg.
Councilmember McGowan stated that he had asked that the plan be remanded back to the Planning Commission in July and would like to ask that again tonight. He stated that he had contacted Bob Evans Farms to see what they would do to meet the demands ofthe community santadnwdaasrtdosld".that B"ob Evans Farms would do whatever is necessary to meet the community
Councilmember Eisenberg stated that an ordinance to approve the moratorium as an emergency is coming up under new business and he intended to vote for that because he had heard what the public had to say and he intended to follow their orders. He stated that the matters before Council under old business needed to be dealt with. He stated that he had an obligation to follow the ordinances and the charter and ifCouncil were to make these two applicants subject to the moratorium they are sure to be challenged. He stated that the only reason 1
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November 6, 1996
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Council is hearing Bob Evans again is because of an error in the advertisement and out of fairness
to the applicants,he intended to support passage of the ordinance.
Vice Mayor Freytag stated that he had talked to people on both sides of the issue and with
the vote yesterday,in the sprit of the moratorium,this is not what people want and he would vote
to oppose it.
Councilmember Drake stated that he felt the moratorium would be a wonderful
opportunity to use time to Granville's advantage. He stated that this is one of the best examples of
why the zoning laws needed improvement and design review standards need to be devised and
implemented. He stated that he will vote in favor ofthe ordinance.
Councilmember Montgomery stated that she intended to support the moratorium but
believed that it is not in effect yet and she must go by the ordinances and the master plan. She
read the ordinance to the audience and stated that the plan being approved is the same plan
submitted to the Planning Commission. She stated that she would be supporting the ordinance.
Mayor Marshall stated that Council is hearing this again only because of a technicality in
the advertisement of public hearing and he would vote for the ordinance.
After a brief discussion,Councilmember Drake moved to amend the ordinance to remove
as approved by the Planning Commissionf"rom b( )and to add in"cluding roadway and
entrancest"o e( )S.econded by Councilmember Eisenberg. Roll call vote: Eisenberg yes, McGowan no,Montgomery yes,Drake yes,Freytag yes,Marshall yes. Five yes votes,the ordinance was amended.
Roll call vote to adopt Ordinance No. 23-96 as amended: Eisenberg yes,McGowan no, Montgomery yes,Drake yes,Freytag no,Marshall yes. Four yes votes. Ordinance No. 23-96 was adopted.
SuperAmerica Representative John Thaxton stated that SuperAmerica had been in the
process almost three years. He stated that basically, in the last 8 to 10 months,they had been
working with the Planning Commission. He stated that they had worked with the village engineers
for sewer and roads etc. He stated that their property had been rezoned to PCD, and they had been told by the Village Planner and Law Director that that was the proper zoning category in which to build. He stated that SuperAmerica had been through a series ofmeetings with village engineers and the village staff,and everyone had behaved as ifthis were the proper zoning. He stated that SuperAmerica had complied with all the requests of the staff and the Planning Commission. He stated that their plan was approved by the Planning Commission including the landscaping,signage,infrastructure, sewer and roadways. He stated that the Planning Commission had approved the subdivision plan for the entire 17 acres. He stated that they had been through the process and achieved goals the Village had set out and he felt SuperAmerica had an acceptable plan.
Ed Vance of248 Thornwood Drive stated his opinion that SuperAmerica is not an allowable use under the ordinances. He stated that he had brought up this issue many times since 1993 when SuperAmerica first came to Granville. He stated that ifthis is not an allowable use,we have a case for not following the rules that exist. He stated that SuperAmerica has not been to the BZBA to request a variance therefore,it is not proper that one should vote for this until that
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Page 9
procedure has been met. He stated that the signage is greater than 24 feet,and SuperAmerica has
not been before the BZBA for that variance either.
Mr. Thaxton stated that the zoning issue is one that has been looked at. He stated that in
almost every case PD development is non specific,it is negotiated zoning.
Carl Wilkenfeld stated that SuperAmerica and Mr. Thaxton had behaved wonderfully and
he can't believe that this development would be across the street from Bob Evans. He stated that
it was so conflicting and capricious to approve the hideous Bob Evans. He stated that it was with
great pain that he continue to oppose SuperAmerica. He stated that issue of whether this is a .
permitted use had been brought up a number of times by the Planning Commission and
Councilmembers. Mr. Wilkenfeld read a statement that he had presented earlier to Council
opposing SuperAmerica.
Ordinance No. 349- 6,A "n Ordinance To Approve The Development Plan For
SuperAmerica Corporation As Recommended By The Planning Commissionw,"as reintroduced,
its title read,and moved for adoption by Councilmember Eisenberg. Seconded by Councilmember
Montgomery.
Councilmember Montgomery stated that Council is encouraged to follow the
recommendation of the Planning Commission therefore she will vote in favor of the Ordinance.
Councilmember Drake stated that his thoughts haven't changed and he will support the ordinance.
Vice Mayor Freytag stated that he had previously opposed the ordinance and was still
convinced that this is not a permitted use under Chapter 1171. 02 ofthe code. He stated that his
understanding of the law was that this is a governmental function and people could not take
advantage of a governmental mistake, if such a mistake exists. He stated too,that he was ofthe
opinion that this was simply a effort to change a prior vote of Council and only a person who
opposed it could introduce it again and this was not the case.
Councilmember McGowan stated that he liked the building that was proposed but was unsure if Council should be making this decision and would have to vote no on the issue.
Councilmember Eisenberg stated that he intended to support the ordinance for all the reasons stated about the Bob Evans matter.
Mayor Marshall stated that SuperAmerica had been working with the regulations and rules ofthe Planning Commission and for Council to tell them now that they shouldn't be building would be wrong. He stated that he depended on the law director's opinion and would be supporting the ordinance.
Roll call vote: Eisenberg yes,McGowan abstain,Bellman excused,Montgomery yes, Drake yes,Freytag no,Marshall yes. Four yes votes. Ordinance No. 34-96 was adopted.
Ordinance No. 35-96,A "n Ordinance Approving The Development Plan For David Longaberger's Proposed Gate And Driveway On Newark Granville Roadw,"as reintroduced,its title read,and moved for adoption by Councilmember McGowan.
Longaberger Representative Tony Tanner stated that he did not have a presentation to make to Council because Council had already heard everything they had proposed. 1
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herid- o f-( AAnu-
Motion seconded by Councilmember Drake.
Roll call vote: Eisenberg yes,McGowan yes,Bellman excused,Montgomery yes,Drake
yes,Freytag yes,Marshall yes. Six yes votes. Ordinance No. 35-96 was adopted.
NEW BUSINESS
Ordinance No. 40-96,A-n"Ordinance For Establishing A Six 6( )Month Moratorium On
The Issuance Of Certain Building Permits, With Possible Renewal Of Six (6)Additional Months
IfNecessary,Providing For The Review Of The Comprehensive Plan Of The Village, An
Declaring An Emergencyw,"as introduced by Councilmember McGowan.
Councilmember McGowan then moved to adopt section VIII,the emergency clause,and
read that section in its entirety. Seconded by Councilmember Eisenberg.
Law Director Hurst stated that the legislation as presented is identical to the legislation
originally presented in July by citizens which had been the subject ofpetitions,and which Council
had directed to be placed on the ballot. He stated that the only exception was the emergency
clause which was added as required in order to make the legislation an emergency.
Court Reporter Carrie Masterson swore in all residents wishing to speak on the matter.
Carl Wilkenfeld stated that he is not sure why Council is voting on this issue tonight
because he thought the legislation had been addressed at the Board ofElections.
Law Director Hurst stated that the initiative by the citizens,filed twice,were found to be
defective and rejected. Council directed that this measure be put before the voters. He stated that
because the two efforts by the citizens had had technical inadequacies,this will not take effect and
is not self executing because it was not an initiative effort and that is why Council is voting on it.
Dee Dee Cook 1137 Cherry Valley Road stated that she was concerned about the
legalities involved with the measure and suggested waiting to pass the ordinance until those legalities are looked into.
Clifton Crais stated that this evening had been one of drama and great irony. He stated
that this body is going to vote for this legislation now and there was a period when many members of council had failed to listen to the concerns of the public.
Councilmember McGowan stated that if someone wants to sue the Village they should stand up and come forward so that the public knows who wants to file law suits.
Councilmember Montgomery stated that she feels that Council has been made out to be the b"ad guys"S.he stated that she appreciated everyone's concerns and that she had always tried to be responsible and do what was legally correct.
Clifton Crais stated that the Master Plan should be updated and Council and the Manager had failed to do that. He stated that it is Council's responsibility to keep that a living document. Councilmember Drake stated that now is the opportunity to go forward and use all our energy to update the master plan. He stated that everyone should put bitter feelings behind and start working together. He stated that it is not helpful to decide who is right and who is wrong but wtoitcho.me together as a community and work together to accomplish something everyone is happy
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November 6, 1996
Page 11
Councilmember Eisenberg agreed and stated that everyone should work together to make
Granville the place we want it to be.
Roll call vote: Eisenberg yes,McGowan yes,Montgomery yes,Drake yes,Freytag yes,
Marshall yes. Six yes votes. The emergency clause was adopted.
Councilmember McGowan moved to approve Ordinance No. 40-96. Seconded by Vice
Mayor Freytag. Roll call vote: Eisenberg yes,McGowan yes,Montgomery yes,Drake yes,
Freytag yes,Marshall yes. Six yes votes. Ordinance No. 40-96 was adopted.
Councilmember Bellman returned to his Council seat.
Ordinance No. 36-96,A "n Ordinance To Amend Ordinance No. 379-5 Providing For
Adjustments Of The Annual Budget For The Fiscal Year 1996 And Revising Sums For Operating
Expenses And Declaring An Emergencyw,"as introduced and it title read by Councilmember
Drake.
Councilmember Drake moved to adopt Section VI, the emergency clause,and read that
section in its entirety. Seconded by Vice Mayor Freytag.
Roll call vote: Eisenberg yes,McGowan yes, Bellman yes,Montgomery yes,Drake yes,
Freytag yes,Marshall yes. Seven yes votes. The Emergency clause was adopted.
Councilmember Drake then moved to adopt Ordinance No. 36-96. Seconded by Vice
Mayor Freytag.
Roll call vote: Eisenberg yes,McGowan yes,Bellman yes,Montgomery yes,Drake yes, Freytag yes,Marshall yes. Seven yes votes. Ordinance No. 36-96 was adopted.
Ordinance No. 379- 6,A "n Ordinance Providing For The Issuance Of $1,045,000 If
Notes By The Village Of Granville,Ohio,In Anticipation Of The Issuance OfBonds For The
Purpose OfPaying Part Of The Cost Of Constructing Improvements To The Municipal Sanitary
Sewer System,And Declaring An Emergencyw,"as introduced and it title read by
Councilmember Eisenberg.
Councilmember Eisenberg moved to adopt Section 12,the emergency clause,and read
that section in its entirety. Seconded by Vice Mayor Freytag.
Roll call vote: Eisenberg yes,McGowan yes,Bellman yes,Montgomery yes,Drake yes, Freytag yes,Marshall yes. Seven yes votes. The emergency clause was adopted.
Councilmember Eisenberg then moved to adopt Ordinance No. 37-96. Seconded by Councilmember Montgomery.
Roll call vote: Eisenberg yes,McGowan yes,Bellman yes,Montgomery yes,Drake yes, Freytag yes, Marshall yes. Seven yes votes. Ordinance No. 37-96 was adopted.
Ordinance No. 38-96, A "n Ordinance Terminating The Existing Lighting Agreement And Authorizing The Village Manger To Enter Into A New Agreement For Street Lighting For The Village OfGranvillew,"as introduced,and its title read by Councilmember Montgomery. Councilmembers Drake and Bellman noted that they would have to excuse themselves from voting on the ordinance because their law firms represented American Electric Power.
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Mayor Marshall set the public hearing on Ordinance No. 38-96 for November 20, 1996,at
7:30 p.m.
Ordinance No. 399- 6,A "n Ordinance To Amend Ordinance No. 37-96 Providing For
Adjustments Of The Annual Budget For The Fiscal Year 1996,And Revising Sums For Operating
Expensesw,"as introduced and its title read by Councilmember Drake.
Mayor Marshall set the public hearing on Ordinance No. 39-96 for November 20, 1996,at
7:30 p.m.
Resolution No. 965- 7,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 Eisenberg. Seconded by Councilmember Drake.
Motion carried. Resolution No. 96-57 was adopted.
Resolution No. 96-58,A "Resolution To Adopt The Plan Of The Street Light Committee
For Replacement Of Street Lights Throughout Granvillew,"as introduced, read in full, and
moved for adoption by Councilmember McGowan.
After a discussion,it was decided that a plan acceptable to the Committee and Council had
not been established yet. Councilmember McGowan moved to table Resolution No. 96-58.
Seconded by Vice Mayor Freytag. Motion carried. Resolution No. 96-58 was tabled.
Resolution No. 96-59, A "Resolution To Establish A Time And Place OfA Public Hearing
For The 1997 Municipal Budget As Proposed By The Village Managerw,"as introduced, read in
full and moved for adoption by Councilmember Montgomery. Seconded by Vice Mayor Freytag. Motion carried. Resolution No. 96-59 was adopted.
Resolution No. 96-60, A" Resolution OfRemand With Instructionsw,"as introduced,
read in full, and moved for adoption by Councilmember Eisenberg. Seconded by Vice Mayor Freytag.
After a discussion,Council agreed the resolution should not be adopted until there was clear direction as to what the BZBA would be reviewing.
Roll call vote: Eisenberg yes,McGowan no,Bellman no,Montgomery yes,Drake no, Freytag no,Mayor Marshall yes. Three yes votes, four no votes. Resolution NO. 96-60 was defeated.
Manager Plunkett was directed to get a clear answer on the left turn issue.
Appeal Hearing For McDonalds
DecembMerayor Marshall set the appeal hearing date for McDonalds Corporation for Wednesday, 4, 1996.
Village of Granville
Council Meeting Minutes
November 6, 1996
Page 13
Mayor Marshall stated that at the last Council meeting an Ad Hoc Committee was formed
to discuss the review procedures for the Planning Commission and the Board of Zoning and
Building Appeals. He stated that Councilmember Drake, Planning Commission member Keith
Myers and BZBA member Ashlin Caravana had agreed to serve on that committee. He stated that
Village Planner Reza Reyazi had too been appointed and should establish the first meeting for the
committee.
EXECUTIVE SESSION -PENDING LEGAL MATTERS
Councilmember Montgomery moved to enter into executive session to discuss pending
legal matters regarding the moratorium at 12: 14 a .m. Seconded by Councilmember Bellman. Roll
call vote: Eisenberg yes,McGowan yes,Bellman yes,Montgomery yes,Drake yes,Freytag yes,
Marshall yes. Motion carried.
Councilmember McGowan moved to return to regular session at 12:48 a.m. Seconded by
Councilmember Bellman. Motion carried.
ADJOURNMENT
Councilmember Bellman moved to adjourn the meeting at 12:49 a.m. Seconded by r
Councilmember McGowan. Motion carried.

Council Minutes October 16, 1996

VILLAGE OF GRANVILLE
COUNCIL MEETING MINUTES
OCTOBER 16,1996
CALL TO ORDER
Mayor Marshall convened the meeting at 7:01 P.M.
ROLL CALL
Those responding to the roll call were:
Councilmember McGowan
Councilmember Drake
Councilmember Montgomery
Vice Mayor Freytag
Mayor Marshall
Law Director Hurst
Manager Plunkett
It was noted that Councilmembers Eisenberg and Bellman would be late.
PUBLIC HEARINGS
A public hearing was held on David Longaberger's PUD application for a Driveway and two gate houses at his property located at 537 Jones Road.
Dorothy Garrett stated her opinion that the drivewayg/ate was an unnecessary addition to Newark
Granville Road and was not in keeping with the neighborhood. She stated that the gate houses were not compatible with the area.
Councilmember Bellman arrived.
Longaberger Representative Tony Tanner stated that the Planning Commission had been concerned
that the new driveway would alter the historic landmark by bisecting the open field. He stated that the
mansion was Dave Longaberger's private property and the Planning Commission was telling someone what
they can do with their private property. He stated that he had tried to find where in the zoning code this
statement was relevant but could not. He stated that the second concern of the Planning Commission had
been the scale and appropriateness. He stated that the Planning Commission felt that the plan was too massive and out of character with Newark Granville Road. He stated that Mr. Longaberger's revised plan had shortened the length ofthe walls by 10 feet and removed a pier. He stated that the revised plan had been scaled down from what was originally proposed. He stated that the Planning Commission had been
concerned with the gate houses being within the Transportation Corridor Overlay District. He stated that
Mr. Longaberger moved the gate houses back 250 feet which was well within the district. He stated that another concern ofthe Planning Commission had been that the gate houses were not symmetrical but he had been unable to find anything in the zoning code dealing with things being symmetrical. He stated that the zoning code calls for two curb cuts for property and that he felt this project was an insurance policy against further development.
Longaberger Representative Jim Gimeson stated that the driveway would link the two properties together and Mr. Longaberger felt linking these two properties together would be making it part ofhis front yard and would be an insurance policy that the property would not be developed.
Councilmember McGowan suggested a compromise. He stated that perhaps the guard houses could pbleacpeu.t on hold and the driveway could be installed to give the community a chance to see the driveway in
Mr. Tanner stated that he did not see a problem with the removal ofthe guard houses. He stated that they were more than willing to compromise but would like to make sure they would have the opportunity to come back to Council for the guard houses at a later date. Connie Barsky of221 East Elm Street stated her concern with the proposal. She stated that in 1995,when the change in zoning occurred,Mr. Longaberger stated in his application that this change
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Page 2
would enhance the neighborhood,promote less traffic etc. She stated that discussion ofthe polo field had
also come up as part ofthe overalllandscape plan. She stated that when one has a landscape plan,they
pretty much know what they want the outcome to be. She stated that later,Mr. Longaberger changed his
fence to stone and iron. She stated that the Planning Commission voted to deny the fence because the fence
was unsafe for children,riders on horses,etc. Mr. Longaberger has had variances granted to him on a
number of accounts. She stated that six months later another change in the fence was made. She stated that
Mr.Longaberger did not have a good track record. She stated that the ordinances have been nibbled away
at and that Council needs to be careful. She stated that she agreed that Mr. Longaberger can do any thing
he wants with his land but the traffic cut is an issue. She stated that the main building of the mansion was
built in the 1800's around the same time as the Buxton Inn.
Carl Wilkenfeld stated that there was not a legal question with this application. He stated that the
zoning code clearly expresses the will in Chapter 1176.02,to protect and preserve historic landscapes. He
stated that this is clear cut with no legal question,and Council should take this into deep consideration. He
stated that he felt sad because the reason we preserve the past and historic sites is because they are ofvalue
to us and because it defines where we come from. He stated that this project defiles that past and takes
something we were given to protect and says were not going to do that anymore and that hurts his heart. He
stated that times change,peoples minds change,peoples fortunes change,and the ownership of property
changes. He stated that the reason we have historical preservation and the reason it is in the master plan is
to protect against changes. He stated that Mr. Longaberger and his men are fine folks and a welcome to the
community and he was not trying to put them down. He stated that it was clear under the law and under the
intent ofthe law this is not acceptable. He stated that he would like Council to really really understand what they're doing when they cast their vote.
Longaberger Representative Jim Gimmeson stated that he lives in the Village of Granville and
believes the new fence to be an improvement and enhancement compared to the old chain link fence. He
stated that Mr. Longaberger never said he wanted to preserve the mansion as it was in the 1800's. Mr.
Longaberger wants to maintain and enhance the mansion. He stated that the mansion has been enhanced
with the tennis courts and he will continue to enhance the property and not take away from it. He stated that
at the time that the mansion was for sale,there were rumors of Wal-Mart and K-Mart purchasing the
property,and it was fortunate that Mr. Longaberger had purchased the property and saved it. that He stated in his opinion,it was inappropriate in a PUD zoning to say that someone cannot install a driveway. He stated that Mr. Longaberger is trying to work to bring the best possible addition to the community,and in his opinion,this is the best. He stated that the property could have houses built all over it like the Murphy's land,and that Mr. Longaberger wants to be a member and a part of the community.
Carl Wilkenfeld stated that the bottom line is that things do change and that is why we have historical preservation. He stated that Mr. Longaberger may change his mind or go someplace else and the Village needs to protect and preserve.
The public hearing closed at 7:30 p.m.
A public hearing was held on Ordinance No. 329- 6,A "n Ordinance To Amend Ordinance No. 37- O95pePrraotvinidging For Adjustments Of The Annual Budget For The Fiscal Year 1996 And Revising Sums For Expenses."
No questions,comments,or concerns were voiced at this time. The public hearing closed at 7:31 P.m.
REVIEW AND APPROVAL OF MINUTES
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Council Meeting Minutes
October 16, 1996
Page 3
The minutes ofthe regularly scheduled meeting of October 2, 1996,were presented for review.
Councilmember Drake moved to approve the minutes as submitted. Seconded by Vice Mayor Freytag.
Motion carried.
The minutes of the special council meeting of October 5, 1996,were presented for review.
Councilmember Eisenberg moved to approve the minutes as correct. Seconded by Vice Mayor Freytag.
Motion carried.
MAYOR'S REPORT
The Mayor's Report for the month of September was preset, icd for review. It was noted that last
weekend,32 speed citations were written on Pearl Street.
Mayor Marshall directed the clerk to file the report. A copy ofthat report is attached as part of
these minutes.
MANAGER'S REPORT
The Manager's Report for the month of September was presented for review.
Vice Mayor Freytag moved to accept the report. Seconded by Councilmember Eisenberg. Motion
carried. A copy of that report is attached as part of these minutes.
CITIZENS COMMENTS
Judith Thomas stated that at the last village Council meeting two weeks ago,Councilmember
Drake had made a statement that she agreed with and felt good about. She stated that the statement made
had been that it was important that council honor the work done by Planning Commission and the Zoning
Board and that the instances when council voted contrary should be strong cases when there are strong
reasons to overturn them. She stated that she was encouraged to see that statement. She stated that she not referring to was any specific application and that she hoped that council will honor the work done by the commissions and only vote to overturn when strong reasons to do so exist.
Carl Wilkenfled asked the law director to give the citizens an idea how SuperAmerica could come back with an ordinance already defeated and have it on the agenda under new business again?
Law Director Hurst stated that his job is to advise Council on legal issues and not debate with citizens the reason for that.
Connie Barsky stated that she had had the opportunity to stop by the Village Offices and look over the traffic plans submitted by all groups planning to build on Cherry Valley Road and SR 16. She stated that she did not see anything that addressed what the total impact of all developments will be. She stated that the traffic plans submitted addressed traffic on a site by site basis without taking into account the cumulative affects and that it was difficult to tell what the whole affect would be. She stated that to continue to approve individual recommendations without knowing the entire affect would be detrimental. She stated that there has not been a traffic plan since 1992,and there has been a considerable amount of traffic change. She stated that ifthe Village continues to work at a piecemeal basis,we are closing ourselves out to anything worth while. She stated that to make a decision with out looking at the whole picture would be wrong.
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Council Meeting Minutes
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Brenda Boyle of 133 Wicklow Drive reminded Council ofthe petition submitted four weeks ago
signed by 64%of the residents in the Village Green. She stated that she is not saying that that represented
the Village Green,but was signed by that percentage ofthe residents. She stated that the narrative ofthe
petition stated that citizens were opposed in principle to any strip development in the Cherry Valley Road,
South Galway Drive area and mentioned fast food,drive-throughs,and gas stations.
Mayor Marshall stated that he would like Ms. Boyle to comment on the recent letter she submitted
which insinuated that a BZBA hearing notice was improperly or not published.
Ms. Boyle stated that that matter had already been addressed.
Mayor Marshall stated that he would like to hear that in public because the Village Staff had been
accused of not doing its job and the accusation is not true. He asked if that was correct,to which Ms. Boyle
answered yes.
COMMITTEE REPORTS
Councilmember Montgomery reported on the October 7, 1996 Planning Commission meeting. At
that meeting,the commission left tabled a request for a set back at lot 31 on Thornwood Drive. The
commission approved a sign at 1921 Newark Granville Road,and held a public hearing on Country Hearth
Inn to be located on South Galway Drive. There was no vote on Country Hearth Inn,the vote will be cast
on October 21. The commission approved window changes at 111 North Prospect Street,approved
replacement of a sign for the Granville Police Department,approved a sandwich board sign for the IGA,
approved a fence at 425 East College Street,approved a chimney replacement at 223 Granger Street,
approved resurfacing of a driveway at 124 Maple Street,and approved siding and window replacements at
341 East Broadway. She stated that she has drawings for Country Hearth Inn if anyone is interested in seeing them.
Vice Mayor Freytag reported on the Union Cemetery Board Meeting. The Board is still concerned
with the stone wall in front ofthe cemetery on Main Street. The wall is falling safety hazard. down and could constitute a
After a discussion concerning the stone wall,Manager Plunkett was directed to have Bird &Bull
look at the wall to determine if a safety hazard existed. If it is determined a safety hazard exists,the wall will be repaired before 1997.
Vice Mayor Freytag stated that the Jessie Munson family has donated $ 4,000 to replace his head
stone in the cemetery. He stated that the money is private donations and the Board is happy to see this being done.
Vice Mayor Freytag reported on the Tree L&andscape Commission meeting of October 8, 1996. He stated that he had been unable to attend the meeting but according to the minutes ofthe meeting,the commission has asked for $13,000 in the 1997 budget for trees. He stated that the board has reviewed the laftdscaping plans for Bob Evans Farms,SuperAmerica,and Country Hearth Inn and has made suggestions on those plans.
Councilmember Montgomery stated that the Planning Commission had requested Council's guidance on three issues: the commission would like approval to tape record all Planning Commission meetings;to limit the time at which to start another item ofbusiness on meeting agendas;and,address the concern about general notifications to the public.
Councilmember Montgomery stated that the Planning Commission would like to establish a time whereby the rest ofthe business on the agenda would be postponed until the next meeting or a special meeting be held to act upon it.
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Council Meeting Minutes
October 16, 1996
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Law Director Hurst stated that he was aware of a number of mechanisms used by number of
different legislative authorities but it was unclear given the current status of Granville's Codified
Ordinances as to what could reasonably be done without amendment and without running afoul of
Granville's ordinances. He stated that he will be looking into the matter and presenting the Planning
Commission with options that appear to be available to them in order for them to make their own decision
as to what they would like to complete.
Councilmember Montgomery stated that the Planning Commission was concerned about how the
public is notified about hearings other than legal notices. She stated that the Commission felt that legal
notices weren't enough.
Vice Mayor Freytag stated that it was impractical to give everyone in the Village a notice.
Manager Plunkett stated that Granville now had a home page on the Internet and is making an
effort to put minutes as well as other notices on that page.
Manager Plunkett stated that in the 1997 budget,there would be money to purchase recording
equipment and sound amplifications for the Council Chambers.
Councilmember McGowan stated that the Street Lighting Committee has drafted a six year lighting
plan with a seven year option to address the 76 incandescent street light fixtures that need replaced. He
stated that the committee hoped to have something in writing for Council at the next meeting.
Councilmember Bellman stated that on October 10,the Granville School's Charitable Foundation
had met and discussed a number of important items. He stated that there are a number of ideas and the
committee is moving ahead with a fundraising kick off soon.
OLD BUSINESS
Fackler Appeal Decision
Mayor Marshall stated that Council had held the appeal hearing and now needed to vote on the ISSUe.
Law Director Hurst stated that the Board ofZoning and Building Appeals had granted conditional a use permit with conditions and those conditions are what has been appealed;specifically,the drive- through and the question of no left turn offNewark Granville Road. He stated that the left turn issue
is not within the province ofthe board. He stated that the primary issue is the drive through. He stated that this decision is under Chapter 1137.02 h( )and after the announcement of the decision,within 45 days of the decision,Council must formalize,in writing,including findings and conclusion of fact. He stated that the Village Clerk is under obligation to provide a copy ofthat decision to the applicant. He stated that Council may uphold,reverse,modify,or remand for further consideration the decision ofthe BZBA. Councilmember Drake stated that in his opinion,Mr. Fackler had a new traffic study performed and he was uncomfortable to uphold or overturn when new information was brought to Council. He stated that when new facts are presented,the applicant should go back to the board and let the board sort through the information. He stated that he would like to see the matter remanded back to the BZBA. Councilmembers Montgomery and Eisenberg agreed.
Law Director Hurst stated that Council needs to be clear in what they are remanding. He stated that Mr. Fackler has been granted a conditional use,the matter being remanded is the conditions imposed on that conditional use.
After a discussion,Councilmember Eisenberg moved in the matter ofthe Fackler appeal,the decision ofCouncil be that the conditions which appear on page 1 and 2 ofthe finding of fact be remanded tthootsheecBoonadridtioonfsZ.oning and Building Appeals and that the BZBA may either uphold,modify,or eliminate Seconded by Vice Mayor Freytag.
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October 16, 1996
Page 6
Roll call vote: Eisenberg yes,McGowan yes,Bellman yes,Montgomery yes,Drake yes,Freytag
yes,Mayor Marshall yes. Seven yes votes. Motion carried.
Law Director Hurst stated that the matter has been remanded to the BZBA but the scheduling of
that cannot be done until the decision is put in writing and sent to the applicant. He stated that the finding
of fact should be complete by the next Council meeting.
Ordinance No. 32-96,A "n Ordinance To Amend Ordinance No. 379-5 Providing For Adjustments
Of The Annual Budget For The Fiscal Year 1996 And Revising Sums For Operating Expensesw,"as
reintroduced,its title read,and moved for adoption by Councilmember Montgomery. Seconded by
Councilmember Freytag.
Roll call vote: Eisenberg yes,McGowan yes. Bellman yes,Montgomery yes,Drake yes,Freytag
yes,Marshall yes. Seven yes votes. Ordinance No. 32-96 was adopted.
Longabereer DrivewayG/ate
Councilmember Bellman excused himself from the Longaberger discussions.
Law Director Hurst stated that this is a PUD plan under Chapter 1171.04 of the Granville Codified
Ordinances. He stated that there is some discussion ofwhether or not under 1171.04 a( )6()if a
development plan is approved,it is a binding condition on zoning. He stated that what ever action Council
takes needs to be clear because once that approval takes place,nothing else can be done unless another plan
is presented. He stated that within 15 days ofthe close ofthe hearing,Council shall adopt or deny the
recommendation ofthe Planning Commission or adopt a modification ofthe recommendation. He stated
that to reverse or modify the recommendation,a majority vote is required. He stated that Council may adopt,deny or modify the decision ofthe Planning Commission.
Councilmember McGowan stated that in the spirit ofworking though this,he would consider
removing the guard houses from the development plan a suitable compromise and would vote to approve the driveway.
Councilmember Eisenberg stated that he was in favor if the plan if there was a willingness to eliminate the guard houses. He stated that Council needs to look at this on the basis ofthe existing
ordinances and needs to look at the finding of fact to decide if it can be supported. He stated that he has a strong feeling on the issue of fairness. He stated that some ofthe members on the boards and commissions
are voting with their hearts and not paying attention to the ordinances. He stated that the rezoning of the mansion was a great gift to the community and that he couldn't support the finding of fact in this matter. He stated that ifthe guard houses were removed from the plan,he would vote to uphold the matter. Councilmember Drake stated that he would support the driveway with the removal ofthe guard houses and gave reasons why he felt that way.
Councilmember Montgomery stated that she couldn't add much to what had already been said. She stated that two things seem to be in conflict;the scenic vistas being preserved and the propedy owners right to two curb cuts. She stated that the property owners right to curb cuts needs to take precedence here. She stated that the mansion is a unique structure and the kind offence installed around it is not the kind offence she would have in her front yard and vice versa.
Vice Mayor Freytag stated that both sides ofthe issue have powerful arguments. He stated that he found the question difficult. He stated that allowing the driveway to go forward providing that the guard houses are removed would be his best judgment.
Mayor Marshall agreed with the comments made by Council. He stated that Mr. Longaberger has a right to have a driveway and it was not an-access road. He stated that with regard to the curb cut adding traffic on NewarkG- ranville Road,all trips to the mansion come out ofJones Road onto Newark Granville Road. He stated that he would be in favor ofoverturning the Planning Commission in this instance.
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Village of Granville
Council Meeting Minutes
October 16, 1996
Page 7
Councilmember Montgomery moved to adopt Mr. Longaberger's modified development plan with
the elimination ofthe two guard houses and that the plan be presented to council in ordinance form.
Seconded by Councilmember McGowan.
Roll call vote: Eisenberg yes,McGowan yes,Montgomery yes,Drake yes,Freytag yes,Marshall
yes. Six yes votes. Motion carried.
Resolution No.965- 3,A "Resolution To Appoint Members To The Comprehensive Plan And
Zoning Ordinance Review And Update Committee.T (ABLED 9-189- 6)
Mayor Marshall stated that the Village is still advertising for candidates and at this time,there was
no need to bring the resolution offthe table and act upon it.
Councilmember Bellman suggested meeting with the Township Trustees to discuss the matter. Mr.
Bellman presented Council with dates that the trustees would be able to meet.
After a discussion,Council set a work session for Thursday,November 7, 1996,at 7:30 p.m. The
Township Trustees and the School Board will be invited to participate. Rick Cole,former Mayor of
Pasadena will be contacted and asked to attend.
NEW BUSINESS
Ordinance No. 239- 6,A "n Ordinance Approving The Development Plan For Bob Evans Farms
With Conditionsw,"as introduced and its title read by Councilmember Montgomery.
Mayor Marshall set the public hearing on Ordinance No. 23-96 and the PUD hearing on the
development plan for November 6, 1996,at 7:30 p.m.
Vice Mayor Freytag stated that he has not researched this but at first blush,it appears that this
ordinance is nothing more than an effort to reconsider a prior decision that did not pass. He stated that it
may be improper for the matter to be reconsidered unless an opponent would introduce a motion to reconsider. He stated that that is his first blush opinion and needs to be researched.
Law Director Hurst stated that he agrees with the statement that this is in the nature of a reconsideration ofmatters previously undertaken by council. He stated that the previous ordinance was not defeated. He stated that the reconsideration at hand here is a matter that came before council and failed to
pass. He stated that even though he hadnt' done the research,Vice Mayor Freytag was talking about a negative vote measure. He stated that he had gone through cases in an effort to determine ifthe Planning Commission decision stood with no modification. He stated that he found that the legal authority has the ability to reconsider any proposed legislation.
Vice Mayor Fre>tag stated that he personally objected to seeing the Ordinance on the agenda and objected to its introduction.
Ordinance No. 349- 6,A "n Ordinance To Approve The Development Plan For SuperAmerica Corporation As Recommended By The Planning Commissionw,a"s introduced and it title read by Councilmember Eisenberg.
Mayor Marshall set the public hearing on Ordinance No. 34-96 and the PUD public hearing for November 6, 1996, at 7:30 p.m.
Ordinance No. 359- 6,A "n Ordinance Approving The Development Plan For David Longaberger's Proposed Gate And Driveway,As Modified,On Newark Granville Road," introduced and it tile read by Councilmember McGowan. was
7:30 Mayor Marshall set the public hearing on Ordinance No. 35-96 for November 6, 1996,at p.m.
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Village of Granville
Council Meeting Minutes
October 16, 1996
Page 8
Law Director Hurst asked Council to consider formation of an ad hoc committee consisting of a
Councilmember,a Planning Commission member,a BZBA member,and the Village Planner,to
specifically address some recurring problems and issues that are very frustrating to the Planning
Commission,the BZBA and the community. He stated that committee needs to address what matters come
before the Boards as public hearings and judiciary hearings open to the public. He stated that a uniform
procedure for conducting these hearings and what is expected needs to be established. He stated that he
would be glad to help the committee and explain some ofthe nightmares now being encountered.
After a discussion,Mayor Marshall appointed Village Planner Reza Reyazi and Councilmember
Drake to the ad hoc committee. Mayor Marshall directed the Village Manager to contact Planning
Commission Member Keith Myers and BZBA member Ashlin Caravana to see if they were interested in
serving.
MEETING ANNOUNCEMENTS
Councilmember Montgomery asked ifthe Street & Sidewalk Committee had met to look at the
Cherry Valley Road options?
Councilmember Bellman stated that the committee had not yet met but a meeting was forthcoming.
Manager Plunkett stated that the Personnel Committee would be meeting Thursday,October 17,
1996,at 6:00 p.m.
ADJOURNMENT
Councilmember Eisenberg moved to adjourn the meeting at 9:53 p.m. Seconded by Councilmember Drake. Motion carried.

Council Minutes October 5, 1996

VILLAGE OF GRANVILLE
SPECIAL COUNCIL MEETING
MINUTES
OCTOBER 5,1996
Mayor Marshall convened the meeting at 10: 10 a.m.
APPOINT TEMPORARY CLERK
Councilmember Eisenberg moved to appoint Doug Plunkett temporary clerk.
Seconded by Councilmember Drake. Motion carried.
ROLL CALL
Those responding to the roll call were:
Councilmember Eisenberg
Councilmember Bellman
Councilmember Montgomery
Councilmember Drake
Mayor Marshall
Vice Mayor Freytag
Law Director Hurst
Manager Plunkett
Councilmember Drake moved to excuse absen'tee Councilmember McGowan.
Seconded by Councilmember Montgomery. Motion carried.
NEW BUSINESS
Resolution No. 965- 0,A "Resolution To Dismiss The Appeal OfThe Board OfZoning
And Building Appeal's Decision To Grant A Conditional Use Permit For Country Hearth Inn
Filed By CarlWilkenfeldw,a"s introduced,read in full,and moved for adoption by
Councilmember Montgomery. Seconded by Councilmember Eisenberg.
Connie Barsky asked Council,w "hat is the geographical definition of standing?"
Law Director Hurst replied it is someone who is not a neighbor,no specific distance.
Lynn Robertson asked why council was having a Saturday morning meeting when the public doesn't know about it?
Manager Plunkett stated that all the special meeting requirements have been met. He stated that the meeting was posted,Mr.Wilkenfeld had been notified,as well as had the Granville Sentinel and the NewarkAdvocate.
Councilmember Bellman stated that Council had tried to schedule the meeting for both expediency and accommodation of the public.
Clifton Crais stated that the notice ofthe meeting was not widely noted by the public; it was a systemic failure.
Vice Mayor Freytag stated that the Fifth District Court ofAppeals had set a deadline for a decision and that the issue needs to be brought to a conclusion. He stated that today's meeting is a compromise.
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Village of Granville
Council Meeting Minutes
October 5, 1996
Page 2
Carl Wilkenfeld read a prepared statement. A copy of that statement is attached as part
of these minutes.
Councilmember Bellman stated that he was hesitant,but must vote for the resolution.
Councilmember Eisenberg stated that he was not changing his vote,he would be
voting for the resolution again.
Vice Mayor Freytag stated he was voting for the resolution to dismiss only because
legally,the other side would eventually win.
Councilmember Drake stated that he didn't hear or participate in the initial vote. He
stated that this would be an improvident appeal to hear and would create unnecessary
municipal expense.
Mayor Marshall stated that he would vote for the resolution as before.
Resolution No. 96-50 was adopted.
Vice Mayor Freytag moved to adjourn the meeting at 10:30 a.m. Seconded by
Councilmember Eisenberg. Motion carried.

Council Minutes September 24, 1996

Village of Granville
Council Work Session Notes
September 24,1996
Mayor Marshall convened the meeting at 7: 30 p.m. Councilmember Eisenberg
was absent.
NEW BUSINESS
Long Range Planning Discussion -Merger Issues
The purpose of the work session was to discuss long range views of the village.
Councilmember Drake stated that the Township Trustees were invited to share
their long range perspectives of Granville. He stated that the community may best
prepare itself for the future by merging or maybe not,but the issues should be
discussed.
Mayor Marshall stated that growth won't be self limiting so how best do we control it?
Councilmember Montgomery stated that we don't want Granville nibbled and that the school away system needed protected.
Councilmember Bellman stated that a common goal must be obtained because
no one wants Granville to be a Westerville.
Township Trustee Jim Havens stated that the township was committed to
maintaining Granville as it is. He stated that Granville is threatened more by growth
pressure from within and water and sewer was the key. He stated that a vast majority
ofthe Township is distant from water and sewer lines,although southwest and east part are adjacent to other cities and vulnerable to annexation.
Once we become a city,property owners could extend utilities to develop
property further out. Zoning control slips in a city. Different parts of the city have equal rights to utility access.
Density of development in the village and township over the last six years is different. Labor costs for cities are higher. The Township labor costs are lower because ofthe ability to hire part time employees.
Township Trustee Eric Jones stated that he would voten" o"on the merger issue.
Councilmember Dan Bellman askedw "hat about areas vulnerable to Newark annexation?
Jim Havens said selective annexations.
Councilmember Dan Bellman stated they're okay,but will that address the issue?He asked when faced with a $1 million offer,what will they do?
Jim Havens stated that when properly informed,most people would act
responsibly.
Mayor Marshall asked if the Keny property could be turned down?
Jim Havens stated that they have worked on many creative ways to deal with
the Keny property.
Councilmember Rob Drake stated that he wised he shared the optimism about
the belief in people's willingness to sacrifice for the community. He stated that the
schools are the greatest concern.
Jim Havens stated that perhaps ajoint annex policy could be developed with
Newark.
Councilmember Dan Freytag stated that the townships don't have the ability to
deal with annexation. He stated that cooperation with Newark is unlikely. He stated
that he disagrees that utility expansion can be required and sees problems with a
merged entity,but more with no merger. He stated that Burg Street may be vulnerable,
but we could better deal with that threat within Granville. Nothing practical could be
done to prevent the eating of the school district.
Mike Robertson stated that we should be focusing on the most important
issues.
Councilmember Matt McGowan stated that he thinks merger may be necessary
someday but not yet. He stated that selective annexations for awhile may be best.
Jim Havens Stated that the Keny property is an anomaly. He stated that
residential property doesn't pay for itself and Keny isn't topographically developable
as anything but residential.
Councilmember Bellman stated that Jim Haven's arguments make him less
certain ofthe benefits of merger. Ifthe merger fails,would it be three years become it
can again be considered.
Public comments and questions began at 8:30 p.m.
The worksession closed at 9: 10 p.m.

Council Minutes September 18,1996

VILLAGE OF GRANVILLE
COUNCIL MEETING MINUTES
SEPTEMBER 18,1996
CALL TO ORDER
Mayor Marshall convened the meeting at 7:00 p.m.
SWEAR IN NEW MEMBER
Mayor Marshall swore in newly appointed Councilmember Rob Drake.
Mayor Marshall read Council rule number 5 adopted March 1, 1967,informing
citizens that their opportunity to speak was during the citizens comments portion of the
meeting and that citizens shall not otherwise enter into Council deliberations unless called
upon by the Mayor for clarification.
ROLL CALL
Those responding to the roll call were:
Councilmember Drake
Councilmember McGowan
Councilmember Bellman
Councilmember Montgomery
Vice Mayor Freytag
Mayor Marshall
Law Director Hurst
Manager Plunkett
Vice Mayor Freytag moved to excuse absentee Councilmember Eisenberg. Seconded
by Councilmember Montgomery. Motion carried.
PUBLIC HEARINGS
A public hearing was held on Ordinance No. 289- 6,A "n Ordinance To Approve The
Development Plan For SuperAmerica Corporation As Recommended By The Planning Commission."
Carl Wilkenfeld of 317 West Elm Street submitted a letter to Council opposing
Ordinance No. 28-96. A copy ofthat letter is attached as part ofthese minutes.
Councilmember Eisenberg arrived.
Ed Vance of 248 Thornwood Drive stated that he had previously mentioned his opinion that a gas station is not a permitted use in PUD zoning and stated that SuperAmerica should be sent to the Board ofZoning and Building Appeals for a variance.
Councilmember Bellman excused himself from discussion of the matter.
Kirk Combe of 133 Wicklow Drive stated his concern with traffic in the Cherry Valley Road State Route 16 area and suggested that a traffic study ofthe entire area be completed to be used as a guide.
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Village of Granville
Council Meeting Minutes
September 18, 1996
Page 2
The public hearing on Ordinance No. 28-96 closed at 7: 12 p.m.
A public hearing was held on Ordinance No. 299- 6,A "n Ordinance To Approve The
Subdivision and Development PlanL/ot Split And Zoning Amendment Application For The
Church Of Jesus Christ Of Latter Day Saints Located At 2486 Newark Granville Road."
No questions,comments,or concerns were voiced. The public hearing closed at 7: 13 P.m.
A public hearing was held on Ordinance No. 309- 6,A "n Ordinance To Amend
Ordinance No. 379-5 Providing For Adjustments Of The Annual Budget For The Fiscal Year 1996 And Revising Sums For Operating Expenses."
No questions,comments,or concerns were voiced. The public hearing on Ordinance
No. 30-96 closed at 7:14 p.m.
MAYOR'S REPORT
The Mayor's Report for the month of August was presented for review.
Mayor Marshall directed the clerk to file the report. A copy ofthat report is attached as part of these minutes.
MANAGER'S REPORT
The Manager's Report for the month of August was presented for review.
Vice Mayor Freytag moved to accept the report. Seconded by Councilmember
McGowan. Motion carried. A copy ofthat report is attached as part of these minutes.
REVIEW AND APPROVAL OF MINUTES
The minutes ofthe regularly scheduled meeting of September 4,1996,were presented for review. Councilmember Eisenberg moved to approve the minutes as corrected. Seconded by Vice Mayor Freytag. Motion carried.
CITIZENS COMMENTS
Those signing the register were:
See attached list.
Kirk Combe ofWicklow Drive stated that the Fackler proposal is a commendable type ofdevelopment in Erinwood because the cluster of businesses does not produce heavy laomokosunts oftraffic at a fast pace and that it allows for parking in the rear. He stated that he producfotirvwea. rd to using the facility but feels that the drive through would be counter
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Village of Granville
Council Meeting Minutes
September 18, 1996
Page 3
John Cort ofNewark-Granville Road stated his concern with traffic on Newark
Granville Road. He reminded Council that NewarkG- ranville Road s"hould not bea by pass
ofthe by pass"and that traffic shouldn't be routed onto Newark Granville Road.
Carl Wilkenfeld stated that he agreed that the Fackler proposal was a good project but
he was not in favor of allowing the drive though.
Lois Rose,Village Green resident and head of the Homeowners Association,stated
that Village Green residents feel that the Fackler plan is acceptable and like the idea of a drive
through.
Earl Hawkins asked if the drive through is approved and the owners decide that it is
not economically feasible to continue the business and a request from a high volume business
like Taco Bell or McDonalds comes in,what would the answer to their drive through request be?
Councilmember Eisenberg stated that the process would start over again for a new business.
Mary Kay Roberts stated that she has lived on Cherry Valley Road for 47 years and
feels that Mr. Fackler is a respectable,responsible businessman and she would like to see
Council give him what he wants.
Constance Barsky of 221 East Elm Street stated that Council should remember the
tendency to set precedent. She stated that if the Fackler drive through is approved a drive
through precedence may be set for other high volume traffic businesses.
COMMITTEE REPORTS
Councilmember Montgomery reported on the Planning Commission meeting of
September 9, 1996. At that meeting,the commission approved an awning sign request at 119
East Elm Street. The commission did not approve the Longaberger request for an entrance
gated/riveway offNewark Granville Road. The commission is currently debating changing
their Monday meeting nights but have not reached a decision yet. The next regularly scheduled meeting is October 7.
Councilmember Freytag reported on the September 10111 Tree and Landscape Commission meeting. The commission is again applying for the T"ree City USAa"ward. The Commission discussed a citizens complaint that a village tree's leaves and branches make a mess. The commission felt that removing trees citizens complained about would be a bad precedent to set .The commission questioned what if any responsibilities they may have with the new passive recreation park given to the Village by Fanchion Lewis.
Manager Plunkett stated that a topographical survey ofthe park will be performed in a few weeks and a presentation will come before council as to suggestions for what to do with the park. He stated that at this time,there is nothing for the Tree and Landscape Commission to do.
Councilmember Bellman reported on the North Pearl Street Traffic Study Committee meeting of September 17, 1996. Ohio Department ofTransportation and Licking County Area
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Village of Granville
Council Meeting Minutes
September 18, 1996
Page 4
Transportation Study representatives attended the meeting as well as the fire chief and the
police chief.The committee clarified that the strict enforcement policy did have some
flexibility and the police were not generally ticketing drivers traveling 2 or 3 miles over the
speed limit. Many interesting ideas were considered such as the possibility of installing a
crosswalk at the Pearl and Broadway intersection,and moving the Pearl Street stop bar in
order to accommodate trucks. It was recommended to implement the staggered parking on
College Street for a 6 month trial period.
After a discussion,Council agreed to a 6 month trial period for staggered parking on
College Street between Pearl and Prospect Streets beginning October 1. It was noted that the
experiment could be terminated earlier if many problems occur.
Councilmember MeGowan stated that the Street Lighting Committee will be meeting
soon. He stated that the committee has met four or five times and will make a
recommendation to Council. He stated that in the future he would hope that the committee
could make their recommendations before the issue is printed in the newspaper. He stated that
the committee or Council should be making recommendations and it is not appropriate for the
manager to do so.
OLD BUSINESS
Councilmember Bellman excused himself from discussions on Ordinance No. 28-96.
Ordinance No. 28-96,A "n Ordinance To Approve The Development Plan For
SuperAmerica Corporation As Recommended By The Planning Commission, was reintroduced,its title read,and moved for adoption by Councilmember Montgomery.
Law Director Hurst stated that this was a Chapter 1143 PUD hearing on the
recommendation ofthe planning Commission and that it required a majority vote of Council
to reverse or modify the recommendation.
Councilmember Eisenberg suggested dealing with Carl Wilkenfeld's allegations that the gas station was not a permitted use.
Law Director Hurst stated that the issue had been addressed before and that he had
rendered two legal opinions in 1993 or 1994 and again in 1995 but did not remember the details of the matter. He stated that it was a fair analysis to say that a gas station with a mini mart is a retail establishment and that such use was a permitted use. SuperAmerica Representative John Thaxton informed Council of the changes to the development plan made at the Planning Commission meeting and stated that he did not have
any problems with the conditions specified in the Ordinance. He did note that SuperAmerica would like to have storage in the front of their building.
Councilmember Drake stated that he would like to have more time to consider the issue.He stated that he could vote on the issue tonight,but would have to vote no because he needed more time to examine Section 1143 ofthe Codified Ordinances.
Mr. Thaxton stated that SuperAmerica had been told by the Village that PUD was the required zoning for their use. He stated that they have been operating under that assumption.
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Village of Granville
Council Meeting Minutes
September 18, 1996
Page 5
Vice Mayor Freytag agreed with Councilmember Drake to defer action on the
Ordinance.
Law Director Hurst stated that the Charter says that development plans must be
approved by ordinance. He stated that ordinances take a majority vote of Council to reverse or
modify,implying that without enough votes the Planning Commission decision stands. He
stated that the Planning Commission in Granville does not have the authority to pass
ordinances. He stated that he is unsure of what will happen if there is not a majority vote.
After a discussion,Law Director Hurst recommended that the ordinance be tabled in
order for him to study the ramifications if a tie vote is rendered.
Councilmember Montgomery withdrew her motion to adopt Ordinance No. 28-96 and
moved to table the Ordinance. Seconded by Councilmember Eisenberg. Motion carried.
Ordinance No. 28-96 was tabled.
Ordinance No. 299- 6,A "n Ordinance To Approve The Subdivision and Development
Plan/ Lot Split And Zoning Amendment Application For The Church Of Jesus Christ Of
Latter Day Saints Located At 2486 Newark Granville Roadw,"as reintroduced,its title read,
and moved for adoption by Councilmember McGowan. Seconded by Councilmember
Eisenberg.
After a brief discussion,the roll call vote was taken: Eisenberg yes,MeGowan yes,
Bellman yes,Montgomery yes,Drake yes,Freytag yes,Marshall yes. Seven yes votes.
Ordinance No. 29-96 was adopted.
Ordinance No. 309- 6, A*n' Ordinance To Amend Ordinance No. 379-5 Providing For
Adjustments OfThe Annual Budget For The Fiscal Year 1996 And Revising Sums For
Operating Expenses, was reintroduced,its title read,and moved for adoption by Vice Mayor
Freytag. Seconded by Councilmember Montgomery.
Roll call vote: Eisenberg yes,McGowan yes,Bellman yes,Montgomery yes,Drake
yes,Freytag yes,Marshall yes. Seven yes votes. Ordinance No. 30-96 was adopted.
NEW BUSINESS
Fackler Appeal
Court Reporter Carrie Masterson was present to transcribe the Fackler appeal hearing.
Law Director Hurst informed Council that that the appeal procedures had been met under Section 1137 of the Granville Codified Ordinances,and that the court reporter would be swearing in witnesses wishing to testify. He stated that the Village had hired Attorney Bob Erhard to represent the Board ofZoning and Building Appeals in the matter,and that Council had until the next regularly scheduled meeting to render its decision,and that decision would be reduced to writing within 45 days after it is made.
Attorney Phil Wince,representing George Fackler along with John Ownie,architect
on the project,and traffic engineer Joe Ridgeway,presented Council with the plans and ofthe project and explained their opinion that the drive through would not be a major traffic generator.
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Village of Granville
Council Meeting Minutes
September 18, 1996
Page 6
After a long discussion,Mayor Marshall concluded the appeal hearing and announced
that the vote would be cast at the October 2, 1996 meeting.
Ordinance No. 23-96,A "n Ordinance Approving The Development Plan For Bob
Evans Farms With Conditionsw,"as introduced and its title read by Councilmember
Montgomery.
Mayor Marshall set the public hearing on Ordinance No. 23-96 for October 2,1996,at
7:00 p.m.
Ordinance No. 31-96A,n"Ordinance To Amend Ordinance No. 379-5 Providing For
Adjustments Of The Annual Budget For The Fiscal Year 1996 And Revising Sums For
Operating Expensesw,"as introduced and its title read by Councilmember Eisenberg.
Mayor Marshall set the public hearing on Ordinance No. 31-96 for October 2, 1996,at
7:00 p.m.
Resolution No. 965- 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 Eisenberg. Seconded by Vice Mayor Freytag. Roll call vote:
Eisenberg yes,MeGowan yes,Bellman yes,Montgomery yes,Drake yes,Freytag yes, Marshall yes. Seven yes votes. Resolution No. 96-52 was adopted.
Resolution No. 96-53.A "Resolution To Appoint Members To The Comprehensive
Plan And Zoning Ordinance Review And Update Committee,"
Vice Mayor Freytag suggested action on the Resolution be deferred until Council
consulted with the Township and the School Board.
Councilmember MeGowan introduced Resolution No. 96-53.
Vice Mayor Freytag moved to table Resolution No. 96-53. Seconded by
Councilmember Montgomery. Motion carried.
Manager Plunkett was directed to contact the Township Trustees and the School
Board to see if they were interested in pursuing the matter or having ajoint meeting to discuss the issue.
Resolution No. 965- 4,A "Resolution To Authorize The Village Manager To Submit A Grant Application For 1996-1997 Capital Improvements Projects To District 17,Ohio Public Works Commission,For Funding,On Granville's Behalfw,a"s introduced,read in full and moved for adoption by Vice Mayor Freytag. Seconded by Councilmember McGowan. Service Director Mark Zarbaugh stated that South Main Street Improvements was the project to be submitted which would include reconstruction ofthe street from Broadway to Raccoon Creek. He stated that the Village will be requesting a 20 year interest free loan for the project.
Motion carried. Resolution No. 96-54 was adopted.
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Village of Granville
Council Meeting Minutes
September 18, 1996
Page 7
Councilmember Drake expressed his desire to discuss the merger in hopes of
increasing the chances of the merger passing in November. He stated that there is a lot of
negative publicity in the community and he would like to alleviate some of that. He suggested
Council have a worksession to discuss merger and perhaps invite the Township Trustees and
merger commission members.
Council agreed and scheduled a worksession for Tuesday,September 24,1996,at 7:30
p.m.,in Council Chambers.
Councilmember Montgomery stated that she would like to see the Cherry Valley Road
Improvements suggested by former Village Planner Doug Tailford be reviewed by the Streets
and Sidewalk Committee.
After a discussion,Councilmember Drake was appointed to the Streets and Sidewalk
Committee to replace former Councilmember Bennett. Councilmember Bellman was
appointed chairman of the committee. The committee will be calling a meeting to discuss
Cherry Valley Road.
ADJOURNMENT
Vice Mayor Freytag moved to adjourn the meeting at 11: 32 p.m. Seconded by
Councilmember Eisenberg. Motion carried.

Council Minutes September 4, 1996

VILLAGE OF GRANVILLE
COUNCIL MEETING MINUTES
SEPTEMBER 4,1996
CALL TO ORDER
Mayor Marshall convened the meeting at 7:00 p.m.
ROLL CALL
Those responding to the roll call were:
Councilmember Eisenberg
Councilmember McGowan
Councilmember Montgomery
Vice Mayor Freytag
Mayor Marshall
Law Director Hurst
Manager Plunkett
Vice Mayor Freytag moved to excuse absentee Councilmember Bellman. Seconded by Councilmember McGowan. Motion earned.
APPOINT NEW MEMBER
Mayor Marshall stated that Council would vote by paper ballot vacated by Kevin Bennett. to fill the Council seat
Manager Plunkett stated that Ben Rader had withdrawn his application to fill the vacant council seat.
Mayor Marshall stated that a majority of the councilmembers must vote in favor of the replacement. Ballot results: Two votes for Marc Shulman,three votes for Rob Drake. Councilmember Bellman arrived.
Second vote: Three votes for Marc Shulman,three votes for Rob Drake.
Third through Sixth vote: three votes for Shulman,three votes for Drake.
Seventh vote: Three Shulman,two Drake,one Chas Pavalko.
Eight through thirteenth vote: three Shulman,three Drake.
After the thirteenth vote,a five minute recess was taken. Council decided to continue with other business on the agenda and to continue the new Councilmember selection after all business was taken care of.
PUBLIC HEARINGS
A public hearing was held on Ordinance No. 279- 6.A "n Ordinance To Amend Ordinance No. 37195 Providing For Adjustments OfThe Annual Budget For The Fiscal Year 1996 And Providing Sums For Operating Expenses."
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Village of Granville
Council Meeting Minutes
September 4, 1996
Page 2
No one appeared to speak for or against Ordinance No. 27-96. The public hearing
closed at 7:38 p.m.
REVIEW AND APPROVAL OF MINUTES
The minutes ofthe regularly scheduled meeting of August 21, 1996,were presented
for review. Vice Mayor Freytag moved to approve the minutes as corrected. Seconded by
Councilmember Eisenberg. Motion carried.
CITIZENS COMMENTS
Those signing the register were:
See attached list.
Dorothy Garrett spoke in opposition to Mr. Longaberger's proposed gated/riveway on Newark Granville Road. She stated that in her opinion,the gate and fence were not keeping
with the neighborhood and another cut was not needed on Newark Granville Road.
Jerry Griffin of 4 Shepard Place,stated that Council places responsibility for approving applications on the Planning Commission,and the Commission works hard. He stated that
when the commission turns down an application,they must justify their decision. He stated
that most commissioners take their position seriously,and voted the Longaberger application
down 4 to 1. He stated that if any Councilmember voted to overturn the Planning
Commission,he would like to hear point by point the reasons for doing so. Constance Barsky stated that she agreed with both citizens'comments,and stated that
the Village is nipping away at the master plan and should be very careful about making changes.
Clifton Crais stated that many people were alarmed by the way in which the work of the North Pearl Street Committee's recommendations were discussed at the last Council
meeting. He stated that at one point in the meeting a citizen had askedw "hat is the procedure hereH?e" stated that some recommendations were discussed and others were turned down
and struck many as being undemocratic.
COMMITTEE REPORTS
Councilmember MeGowan reported on the Recreation Commission meeting. The commission is now registering for their fallieagues. The commission discussed long range planning items such as restrooms at Wildwood Park and discussed the renewal of a levy for the November ballot.
OLD BUSINESS
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Village of Granville
Council Meeting Minutes
September 4, 1996
Page 3
Brenda Boyle of Wicklow Drive presented a petition to Council with 24 village
residents' signatures,expressing their wishes to see Marc Shulman appointed as the
Councilmember to replace Kevin Bennett. A copy ofthat petition is attached as part ofthese
minutes.
Ordinance No. 27-96A,n"Ordinance To Amend Ordinance No. 379-5 Providing For
Adjustments OfThe Annual Budget For The Fiscal Year 1996 And Providing Sums For
Operating Expensesw,"as reintroduced,its title read,and moved for adoption by Vice Mayor
Freytag. Seconded by Councilmember McGowan.
Roll call vote: Eisenberg yes,McGowan yes,Bellman yes,Montgomery yes,Freytag
yes,Mayor Marshall yes. Six yes votes. Ordinance No. 27-96 was adopted.
Longaberger PUD Hearing Decision
Councilmember Montgomery stated that she would like to see the Longaberger
decision held off until the last item of business because some interested citizens were
attending a memorial service and would be late. Council agreed.
NEW BUSINESS
Set Date for Wilkenfeld Appeal
Mayor Marshall scheduled a hearing to consider Carl Wilkenfeld's appeal of the
Board ofZoning and Building Appeals'June 27, 1996,decision to grant a conditional use permit for Country Hearth Inn for October 2, 1996,at 7:00 p.m..
Ordinance No. 309- 6.A "n Ordinance To Amend Ordinance No. 379-5 Providing For Adjustments OfThe Annual Budget For The Fiscal Year 1996 And Revising Sums For Operating Expensesw,a"s introduced and its title read by Vice Mayor Freytag.
Mayor Marshall set the public hearing on Ordinance No. 309-6 for September 18, 1996,at 7:00 p.m.
Beggar's Night
Council set Beggar's night in the Village for Wednesday,October 30,1996,from 5:30 p.m. to 7:00 p.m.
Longaberger PUD Hearing Decision
Mayor Marshall stated that Council had heard the presentation from Longaberger representatives at the August 21 meeting. He stated that now Council must vote on the decision however,Mr. Longaberger had revised the design.
Law Director Hurst stated that Council must proceed with the vote,or ifCouncil felt that the plan is different than what the Planning Commission had before them,Council may rdeirveiscitotnhsa.t the proposal be remanded back to the Planning Commission to consider the
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Council Meeting Minutes
September 4, 1996
Page 4
Longaberger representative Tony Tanner stated that the gate had been changed and felt
that it was an improved plan. He stated that after looking at the plan,Mr. Longaberger had
agreed with the community that the gate may be too large. Mr. Tanner presented Council with
plans for the revised gate. He stated that with the new gate,the length of the wall is reduced
by 20 feet,and the piers have been removed from the top of the posts. He stated that the piers
have been changed to match the caps of the guard house. He stated that the driveway remains
24 foot wide and the stone will still match the existing stone. He stated that the brightness of
the lights is in the process of being dimmed and should be complete next week. He reminded
Council that the gate houses had been moved back and were no longer in the Transportation
Corridor Overlay District.
Councilmember Bellman excused himself from the Longaberger discussion.
After a brief discussion,Vice Mayor Freytag moved that the Longaberger PUD
hearing be remanded back to the Planning Commission on the grounds that the plan has been
substantially changed. Seconded by Councilmember Montgomery.
Roll call vote: Eisenberg yes,McGowan yes. Montgomery yes,Vice Mayor Freytag
yes,Mayor Marshall yes. Councilmember Bellman excused himself from voting. Five yes votes. Motion carried.
Mayor Marshall directed the Planning Commission vote on the Longaberger PUD
hearing on Monday,September 9,1996.
APPOINT NEW COUNCILMEMBER
Council voted on the appointment of a new member for the fourteenth and fifteenth time resulting in three Shulman,three Drake..
Law Director Hurst stated that the Village Charter mandates that a council vacancy be filled within 30 days and this was the 30th day. He stated that Council has the Charter until 12:00 p.m. or is violated. He stated that the Charter goes on to say that the vote must be a majority ofthe remaining members ofCouncil. After reviewing the Ohio Revised Code,Law Director Hurst stated that Council should be aware that Section 731.43 may come into affect which states that if the appointment isn't made within 30 days,the mayor shall fill the vacancy by appointment. He stated that at this point he is not sure that will happen,but it is a possibility. He stated that he needed to review case laws before he could render his decision. Council continued to vote resulting in deadlock,Shulman three,Drake three. sixteenth through nineteenth)
Councilmember Montgomery moved to have one more ballot vote and if a decision couldn't be reached,to adjoum. Seconded by Councilmember Eisenberg. Roll call vote: MEiosetinobnedrgenyieesd,.McGowan no,Bellman no,Montgomery yes,Freytag no,Mayor Marshall yes.
Council continued to vote resulting deadlock,three Shulman,three Drake.t w(enty through twenty two)
Vice Mayor Freytag suggested a compromise candidate.
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Council Meeting Minutes
September 4, 1996
Page 5
Councilmember Montgomery,Councilmember Eisenberg and Mayor Marshall
disagreed with the idea of selecting a compromise candidate who did not express interest in
the position.
Councilmember Eisenberg moved to continue voting until 9: 15 p.m. and if a decision
could not be reached,to adjourn. Seconded by Councilmember Montgomery. Roll call vote:
Eisenberg yes,McGowan no,Bellman no,Montgomery yes,Freytag no,Mayor Marshall yes.
Three yes votes,three no votes. The motion was denied.
Councilmember McGowan stated that Marc Shulman should be appointed to fill the
vacant seat because he was the next highest vote getter in the last election.
Council continued to vote resulting in three Shulman,three Drake. tw( enty three
through thirty.)
Councilmember Montgomery asked if anyone had spoken to any of the other
candidates. She stated that she had talked to Mr. Rader and Mr. Pavalko,and relayed to
Council the information she obtained concerning Mr. Pavalko.
Vote thirty one through thirty two: three Shulman,one Pavalko,two Drake.
Vice Mayor Freytag again suggested nominating someone who had not expressed an interest in the vacant seat. Councilmember Eisenberg,Councilmember Montgomery and
Mayor Marshall did not agree with the suggestion.
Vote thirty four: three Shulman,two Drake,one Pavalko.
Councilmember Eisenberg moved to stop voting. Seconded by Mayor Marshall. Roll
call vote: Eisenberg yes,McGowan no,Bellman no,Montgomery yes,Freytag no,Mayor yes. The motion was denied.
Vote thirty five: three Shulman,three Drake.
Vote thirty six through thirty eight: three Shulman,three Drake.
Councilmember Bellman suggested appointing Lyn Robertson.
Councilmembers Eisenberg and Montgomery expressed their unwillingness to appoint
someone who did not express an interest in the position.
Vote thirty nine: three Drake,two Shulman,one Lyn Robertson.
Vote forty: Three Shulman,three Drake.
Vice Mayor Freytag moved to adjourn the meeting at 10:27 p.m. Seconded by Councilmember Eisenberg. Roll call vote: Eisenberg yes,McGowan yes,Bellman yes, Montgomery yes,Vice Mayor Freytag yes,Mayor Marshall yes. Six yes votes. The meeting adjourned at 10:28 p.m.

Council Minutes August 21, 1996

VILLAGE OF GRANVILLE
COUNCIL MEETING MINUTES
AUGUST 21,1996
CALL TO ORDER
Mayor Marshall convened the meeting at 7:01 p.m.
ROLL CALL
Those responding to the roll call were:
Councilmember Eisenberg
Councilmember McGowan
Councilmember Bellman
Councilmember Montgomery
PUBLIC HEARINGS
Mayor Marshall
Law Director Hurst
Manager Plunkett
A public hearing was held on Ordinance No. 249- 6A,n"Ordinance To Amend
Section 113.01 ofthe Codified Ordinances OfThe Village of Granville,Ohio,Establishing Posting Places."
No one appeared to speak for or against Ordinance No. 24-96. The public hearing closed at 7:02 p.m.
REVIEW AND APPROVAL OF MINUTES
The minutes of the regularly scheduled meeting of August 7, 1996,were presented for
review. Councilmember Eisenberg moved to approve the minutes as corrected. Seconded by Councilmember MeGowan. Motion carried.
The minutes of the special meeting of August 14, 1996,were presented for review.
Councilmember McGowan moved to approve the minutes as presented. Seconded by Councilmember Eisenberg. Motion carried.
MAYOR'S REPORT
The Mayor's report for the month ofJuly was presented for review. Vice Mayor Freytag arrived.
Mayor Marshall directed the clerk to file the report. A copy ofthat report is attached as part of these minutes.
MANAGER'S REPORT
The Manager's report for the month ofJuly was presented for review. Councilmember Eisenberg moved to approve the report. Seconded by Councilmember McGowan. Motion carried. A copy ofthat report is attached as part ofthese minutes.
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Village of Granville
Council Meeting Minutes
August 21, 1996
Page 2
CITIZENS COMMENTS
Those signing the register were:
See attached list.
Brenda Boyle of 133 Wicklow Drive stated that she supported the appeal of Carl
Wilkenfeld and read a statement outlining her reasons for supporting the appeal.
COMMITTEE REPORTS
Councilmember Montgomery reported on the Planning Commission meeting of
August 19. At that meeting,the commission approved a porch at 126 South Cherry Street,
approved a lot split for the Church of St. Latter Day Saints which included changing the
zoning of a portion of their the property to SRD-A,the zoning of the property the church is
on. The Commission approved a lighting plan and a few other minor details for the
SuperAmerica Group. She stated that the commission will be meeting on the 2nd and 48
Mondays in September because of Labor Day. Bob Evans Farm's PUD application will be
heard on September 9th and SuperAmerica will present their final plat on September 23.
Vice Mayor Freytag stated that the Tree & Landscape Commission had met but he had
been unable to attend the meeting.
Service Director Mark Zarbaugh reported that the Tree & Landscape Commission had
reviewed the landscaping plan for SuperAmerica and discussed sending a letter to nursery
owners,landscapers,and tree trimmers around the area reminding them that if trees are inside
the Village right of way,they must have village permission to remove them.
OLD BUSINESS
Ordinance No. 249- 6,A "n Ordinance To Amend Section 113.01 of the Codified
Ordinances OfThe Village ofGranville,Ohio,Establishing Posting Places," reintroduced,its title read,and moved was for adoption by Councilmember Montgomery. Seconded by Vice Mayor Freytag.
Councilmember McGowan asked to haveo " r"removed from a"ndo/ r"in part ( the ordinance. a)of
CC " Council agreed to remove the word or .
Roll call vote: Eisenberg yes,McGowan yes,Bellman yes,Montgomery yes,Freytag yes,Marshall yes. Six yes votes. Ordinance No. 24-96 was adopted.
Resolution No. 964- 8,A "Resolution To Dismiss The Appeal OfA Conditional Use Permit For Country Hearth Inn Filed By Carl Wilkenfeld."
Councilmember Montgomery moved to remove Resolution No. 964-8 from the table. Seconded by Councilmember Eisenberg. Motion carried.
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Council Meeting Minutes
August 21, 1996
Page 3
Councilmember Montgomery moved to adopt Resolution No. 96-48. Seconded by
Councilmember Eisenberg.
Law Director Hurst explained that an individual is no more impacted by the decision
than the community at large and when a property owner is not aggrieved or affected,lacks
standing as set forth by a decision of Ohio's Supreme Court. He stated that ifthe appeal was
dismissed,Mr. Wilkenfeld's next step would be to contest the validity of the dismissal in the
court of common pleas.
Carl Wilkenfeld stated that he attended his first BZBA meeting and Chairperson
Ashlin Caravana told him the guidelines for someone going through the process at the BZBA.
Country Hearth had been at that same meeting. He stated that on the way home,he realized he
had spent some time on the road and visited many hotels like Country Hearth Inn. He stated
that the fourth criteria the BZBA looks at is nuisance and hazards to citizens and the
community. He stated that when he was traveling on the road,nuisances happened every
night. He stated that he had spelled out many hazards with Country Hearth Inn in his appeal
letter. He stated that he is frustrated and disheartened by what is happening in Granville.
Roll call vote: Eisenberg yes,MeGowan no,Bellman no,Montgomery yes,Freytag
no,Mayor Marshall yes. Three no votes,three yes votes. Resolution No. 96-48 was defeated.
Mayor Marshall stated that a date for the Wilkenfeld appeal hearing would be
scheduled at the next meeting.
North Pearl Street Traffic Committee
Mayor Marshall stated that Council had already heard the report from the committee
and asked for brief public comment.
Councilmember Bellman stated that the committee had recommended that the speed
limit be strictly enforced and that a date for that to come into effect be picked so that there is
ample tiihe to notify residents ofthe new policy. He stated that a letter Denison should be written to University and the Granville Schools notifying them of the new policy. The
committee had also recommended appropriating money for a long term study of alternate truck routes. Another recommendation was to better time the traffic signals on Broadway and to test traffic calming techniques on College Street
Manager Plunkett noted that Service Director Mark Zarbaugh had ordereds "peed limit strictly enforced"signs.
Councilmember Eisenberg stated that a discussion about making College Street one way eastbound to Prospect Street and west bound to Prospect Street and the opposite on Elm Street had been discussed and he felt that had been a good idea.
Manager Plunkett reminded Council ofthe fire station and the possible problems that may be encountered.
Councilmember Montgomery stated that many people use College and Elm Streets to avoid Broadway. She stated that ifthe one way street proposal was enforced,it could create more traffic on Broadway.
Councilmember Bellman stated that the committee was ofthe opinion that many motorists avoid Broadway because they must stop at all the traffic lights. He stated that the
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Council Meeting Minutes
August 21, 1996
Page 4
committee had hoped that the lights could be timed better so that a vehicle traveling on
Broadway would only have to stop for one or two lights and not all three.
Service Director Mark Zarbaugh stated that the traffic lights have been adjusted as best
they can be at this point. He stated that if motorists have to stop for the crosswalk,it throws
off the traffic signal timing.
Blair Ross of Spellman Street stated that he had attended the traffic committee's
neighborhood meeting and agrees that Police Chief Steve Cartnal can't issue tickets to the
trucks that cross the yellow line when turning. He stated that in his opinion,the problems is
that the truck drivers are trying to fit a square peg in a round hole. Mr. Ross presented Council
with a proposal to eliminate 12 to 13 parking spaces on Broadway and change the location of
the yellow lines to give the truck drivers room to make the turn. He stated that his proposal
would not cost a lot of money and would allow the truckers to make the turn and smooth the
flow of traffic.
Keith Myers stated that he had agreed to serve on traffic committee and encouraged
Council to adopt the recommendations of committee. He stated that he has worked as a
Planner in New Albany for the last 15 to 20 years. He stated that he is a professional and
proposed a simple traffic calming technique on College Street. He stated that the technique is
to stagger the parking and have no major change ofthe roadway. The second recommendation
is really two issues;traffic enforcement and traffic speed. He stated that the semi trucks
traveling on Pearl Street are unable to make the turn from Broadway to Pearl Street. The
committee discussed whether or not the trucks could legally make the turn without crossing
the double yellow line. If the law was enforced,that would cut down on truck traffic. He
stated that a tremendous volume of traffic and trucks use Pearl Street.
John Strohmyer stated that he agreed with Keith Myers and his ideas. He stated that he
has lived at College and Pearl Street for a year now,and considered himself an expert in truck
warfare. He stated that the problem is bigger than Pearl Street. He stated that things changing and something needs are to be addressed with what we want our town to be. He stated that he moved to Granville because of Granville's charm and character and wanted to contribute to the community. He stated that he feels that zero tolerance is a good way to go. Ben Spencer stated that he supported the traffic calming ideas. He stated that the 4-
lwaawy. stop at College Street is dangerous and something should be done to enforce the speed
Julie Zarbaugh of Spellman Street stated that when someone purchases a house on a State Route they should expect some traffic. She stated that she felt that the staggered parking
on College Street would create more problems than it would solve.
Bonnie Shumway ofNorth Pearl Street stated that the residents of Pearl Street expected some traffic on the street however,the traffic volumes have almost tripled in the last few years.
Sharon Stone stated that the State ofOhio allocates monies for major traffic difficulties. She stated that ifthe village was so concerned,Granville should lobby the state representatives and local representatives.
Manager Plunkett stated that the Village had petitioned ODOT to consider a bypass for SR 661, to which the state said money maybe available after the year 2017.
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Council Meeting Minutes
August 21, 1996
Page 5
Sharon Stone stated that th"e squeaky wheel gets the greasea,n"d she felt that the
residents of Granville should squeal.
Mayor Marshall stated that there had been a number of suggestions. He stated that the
manager has directed the Service Director to order"speed limit strictly enforced"signs.
Mayor Marshall directed the Manager to prepare a letter to Denison University and Granville
High School informing them that Granville will be strictly enforcing the speed limit. He stated
that the Manager and Chief Cartnal would be responsible to pick a date for the new
enforcement policy to take effect. He stated that the staggered parking on College Street and
Mr. Ross'idea should be discussed by the village staff and the staff could recommend
whether to try those ideas. He stated that he felt the police department could not ticket
truckers for crossing the double yellow line when turning. He stated that the traffic signal
timing on Broadway has been addressed.
Councilmember Montgomery stated that if the strict enforcement policy was enforced
on Pearl Street,it should be enforced everywhere.
Councilmember Bellman stated that he felt Council needed to put the message out that
the purpose of the strict enforcement policy is not to ticket people or raise money,but to
increase the safety of children in residential areas.
Herb.Smith of Summit Street stated that ifthe trucks can't make the turn they should
be ticketed. He stated that if they travel outside of the line,they are breaking the law.
Police Chief Steve Cartnal stated that he couldn't see the municipal court judge
enforcing the tickets. He stated that it would cost more money to have Granville officers
sitting down at municipal court for the trials.
Clifton Crais stated that he has been active over the last two years,looking at the
traffic on Pearl Street,and trying to develop and understand what can be done. He stated that
the committee put forth a lot of effort and their recommendations are very conservative. He
stated that in doing legal research,he found the State ofOhio Attorney General and the courts always sided with the municipal corporation. He stated that if wejust close our eyes to the problems they will only get worse.
Mayor Marshall stated that S"peed Limit Strictly Enforceds"igns were ordered and
would be installed,letters would be written to Denison University and Granville High School informing them of the new enforcement policy,Mr. Ross'idea and the staggered parking techniques will be examined by village staff,and the fire department would be contacted. Councilmember Montgomery stated that the school buses should be examined as to their capability of staying in the yellow lines too.
Law Director Hurst was directed to talk to the prosecutor concerning ticketing truckers for not staying inside yellow lines when making a turn.
The traffic committee's final recommendation was to budget money to study traffic and hire an engineer to look at alternative truck routes. After a discussion,it was suggested to fcoornstauccthRoger Davis at LCATS and to see what kind ofcost the Village would be looking at a study.
In conclusion,it was the consensus of Council to take the following actions: 1. tAhnenounce a s"trict enforcementp"olicy,as that phase is understood by Council,for North Pearl Street area.
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Council Meeting Minutes
August 21, 1996
Page 6
2. To establish Monday,September 23, 1996 as the date for implementation of the
new policy.
3. To direct the Village Manager to inform Denison University and Granville High
School of the new policy and the September 23, 1996 enforcement date,so that
they would have an opportunity to forewarn their students.
4. To place signs,issue notices,and otherwise publicize this new policy.
The Council also decided to take the following actions:
1. Regarding the staggered parking on College Street,the decision was to have the
Village Manager check with others in the community,such as the fire department,
to obtain their input on this recommendation.
2. Regarding the proposal for strict enforcement of the traffic rules for turning at
North Pearl and Broadway -a proposal that could impact heavy truck traffic -the
decision was to seek the input ofthe Village Law Director and undertake further
study.
NEW BUSINESS
Lonwaberger PUD Hearing
Law Director Hurst stated that the hearing is to be conducted under Section 1143 of
the Granville Codified Ordinances. He stated that the Planning Commission had made recommendation a to the Council to deny the request and proper notice of the hearing had been
given. He stated that when the Longaberger representatives are concluded with their
presentation,Council has 15 days from the conclusion of the hearing to adopt,deny the
recommendation or to adopt a modification. He stated that in order to reverse or modify the
application,a majority vote ofthe full membership of Council is required. He stated that this
was not an appeal,but was the second step of the PUD process.
Councilmember Bellman excused himself from the Council table because of a possible conflict of interest.
Longaberger Representative Mike Bennett stated that Mr. Longaberger has the most respect for the historical significance ofthe mansion at 537 Jones Road and that is what had motivated him to purchase it. He stated that Mr. Longaberger has spent 3$million in the facility and that should be a good indication of his strong commitment to enhance the
property. He stated that he felt it important to note that Mr. Longaberger had changed the property from commercial to suburban residential to maintain the residential aspect of the property.
Longaberger Representative Joe Spear stated that he managed landscape design for Mr. Longaberger.Mr. Spear presented Council with drawings showing the proposal for the driveway,gate house,security buildings,and landscaping. He stated that the gate was almost identical to the entrance at Jones Road and stated that the gate house would sit back 250 feet from the right-of-way.
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Village of Granville
Council Meeting Minutes
August 21, 1996
Page 7
Mike Bennett stated that Mr. Longaberger has the best interest of the property in mind
and designed the driveway to improve the visual for passing traffic and to provide an entrance
for his guests. The Planning Commission had expressed a concern that the gate houses were
in the transportation corridor overlay district,but they've been moved back to address that
concern. He stated that the design of the gate is almost identical to the Jones Road gate and
the stone on the surrounding gate. He stated that Mr. Longaberger strongly feels the
improvements will enhance the property and its vocal point. He stated that since the
completion of the fence,they have heard numerous complaints about the brightness of the
lights and are working to find a remedy for the problem. He stated that they would be happy
to answer questions.
Planning Commission member Keith Myers presented Council with the concerns the
Planning Commission had with the proposal. He stated that the Planning Commission vote
had been 4 to 1.
Mayor Marshall read a letter from Mr. and Mrs. Heckleman who live across the street
and were in favor ofthe proposal.
Carl Wilkenfeld of 317 Elm Street stated that the master plan states that scenic vistas
should be maintained and the polo field is the only scenic vista left on Newark-Granville
Road. He stated that the master plan also stated that rural character should be maintained and
the polo field was the only rural character left. He stated further that the master plan calls for
preserving historic sites. He stated that the mansion is a classic English manor with an
entrance on the side. He stated that there is a possibility that the mansion could be removed
from the historic register ifthe driveway is allowed. He stated that the master plan also that the number of says entrances on Newark-Granville Road should be limited and within the last
2 years at least 10 new cuts have been made. He stated that the plan does not follow the
master plan.
Kelly ?of Shannon Lane stated that in her opinion,the proposal is beautiful and she would love to see that when she was driving in the village.
Cynthia Cort stated that Mr. Longaberger has a perfectly good driveway from Jones Road and there is no reason to give another cut offNewark-Granville Road. After a discussion,Mayor Marshall announced that Council would vote on the matter
at the September 4 meeting and that the PUD hearing was concluded.
Resolution No. 96-51,A "Resolution Directing That The Issue OfA Moratorium On Certain Development Be Placed On The Ballotw,"as introduced,read in full,and moved for adoption by Councilmember Eisenberg. Seconded by Councilmember McGowan
Roll call vote: Eisenberg yes,McGowan yes,Montgomery yes,Freytag yes,Mayor Marshall yes,Bellman abstain. Resolution No. 96-51 was adopted.
Ordinance No. 279- 6,A "n Ordinance To Amend Ordinance No. 379-5 Providing For Adjustments OfThe Annual Budget For The Fiscal Year 1996 And Providing Sums For Operating Expensesw,a"s introduced and it title read by Vice Mayor Freytag. at 7:00 Mayor Marshall set the public hearing on Ordinance No. 279-6 for September 4,1996, p.m.
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Council Meeting Minutes
August 21, 1996
Page 8
Ordinance No. 28-96,A "n Ordinance To Approve The Development Plan For
SuperAmerica Corporation As Recommended By The Planning Commission" was introduced
and its title read by Councilmember Montgomery.
Mayor Marshall set the public hearing on Ordinance No. 28-96 for September 18,
1996,at 7:00 p.m.
Ordinance No. 299- 6,A "n Ordinance To Approve The Subdivision And Development
Plan/ Lot Split Application And Zoning Amendment Application For The Church Of Jesus
Christ Of Latter Day Saints Located At 2486 Newark Granville Roadw,"as introduced and its
title read by Councilmember McGowan.
Mayor Marshall set the public hearing on Ordinance No. 29-96 for September 18,
1996,at 7:00 p.m.
Council scheduled a hearing to consider George Fackler's appeal ofthe Board of
Zoning and Building Appeal's decision to grant a conditional use permit with modifications
for September 18, 1996,at 7:00 p.m.
Law Director Hurst stated that Mr. Fackler's appeal will be the first appeal heard
under the newly adopted Chapter 1137. He stated that Councilmembers should spend some
extra time going through the new requirements. He stated that the changes are substantial and
requires all decisions be in writing. He stated that the new provisions provide the retention of outside Counsel to represent the board.
Vice Mayor Freytag asked if the Village would be applying for the 11th round of
funding from District 17?
Service Director Mark Zarbaugh stated that the project for this round of funding is
South Main Street. He stated that some storm sewer work and repaving would be included in the project.
Councilmember Montgomery stated that the merger commission has finished their
conditions ofmerger. She stated that she is concerned with who will p"ick up the ball"now. She stated that the merger commission indicated that ifthere were town meetings,they would attend to answer questions but their job is finished. She stated that not as Council,but as individuals,perhaps some action should be taken.
Judith Thomas expressed appreciation to Council for adopting the resolution dealing with the moratorium.
EXECUTIVE SESSION -PENDING LEGAL MATTERS
Councilmember Eisenberg moved to enter into executive session to discuss pending legal matters at 9:50 p.m. Seconded by Vice Mayor Freytag. Roll call vote: Eisenberg yes,
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Council Meeting Minutes
August 21, 1996
Page 9
McGowan yes,Bellman yes,Montgomery yes,Freytag yes,Mayor Marshall yes. Six yes
votes. Motion carried.
Council discussed the current issues with the Marathon case.
Vice Mayor Freytag moved to return to regular session at 10: 10 p.m. Seconded by
Councilmember Bellman. Motion carried.
ADJOURNMENT
Vice Mayor Freytag moved to adjourn the meeting at 10: 11 p.m. Seconded by
Councilmember McGowan. Motion carried.

Council Minutes August 14, 1996

VILLAGE OF GRANVILLE
SPECIAL COUNCIL MEETING MINUTES
AUGUST 14,1996
CALL TO ORDER
Mayor Marshall convened the meeting at 7:33 P.M.
ROLL CALL
Those responding to the roll call were:
Councilmember Eisenberg
Councilmember McGowan
Councilmember Montgomery
Those signing the register were:
Scott Rawdon
Eloise DeZwarte
NEW BUSINESS
Carl Wilkenfeld
Vice Mayor Freytag
Mayor Marshall
Law Director Hurst
Manager Plunkett
C.K. Barsky
Ordinance No. 259- 6,A "n Ordinance To Place A Proposed Amendment To
The Charter OfThe Village OfGranville On The Ballot By The Addition OfNew Section 11. 12 And Declaring An Emergencyw,a"s introduced and its title read by Councilmember Eisenberg.
Councilmember Bellman arrived.
Councilmember Eisenberg moved to adopt Section II,the emergency clause, and read that section in its entirety. Seconded by Councilmember Montgomery. Roll call vote: Eisenberg yes,McGowan yes,Bellman yes,Montgomery yes,Freytag yes, Marshall yes. Six yes votes. The emergency clause was adopted.
Councilmember Eisenberg then moved to adopt Ordinance No. 259-6. Seconded by Vice Mayor Freytag. Roll call vote: Eisenberg yes,McGowan yes, Bellman yes,Montgomery yes,Freytag yes,Marshall yes. Six yes votes.Ordinance No. 25-96 was adopted.
Ordinance No. 269- 6,A "n Ordinance To Place A Proposed Amendment To Section 9.01 Of The Charter Of The Village Of Granville On The Ballot And
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Council Meeting Minutes
August 14, 1996
Page 2
Declaring An Emergencyw,"as introduced and its title read by Councilmember
Montgomery.
Councilmember Montgomery moved to adopt Section II,the emergency clause,
and read that section in its entirety. Seconded by Councilmember Eisenberg. Roll call
vote: Eisenberg yes,McGowan yes,Bellman yes,Montgomery yes,Freytag yes,
Marshall yes. Six yes votes. The emergency clause was adopted.
Councilmember Montgomery then moved to adopt Ordinance No. 26-96.
Seconded by Vice Mayor Freytag.
Councilmember McGowan asked when officers would be elected if this ballot
issue failed?
Law Director Hurst stated that he would assume that an election would be held
in November. He stated that this was an attempt to conform Granville's charter with
what appears to be the wishes of the merger study commission. He stated that the
conditions of merger cannot superseded the election laws issues that is governed by the
Ohio constitution. He stated that if the merger conditions are adopted and this
amendment is not adopted,his suspicion would be that the court would strike the
applicability ofthe elections provisions of the conditions of merger and hold that the
election may not take place other than under the terms ofthe charter. He stated that is
only a guess of what may happen.
Roll call vote: Eisenberg yes,McGowan yes,Bellman yes,Montgomery yes, Freytag yes,Marshall yes. Six yes votes. Ordinance No. 26-96 was adopted.
ADJOURNMENT
Vice Mayor Freytag moved to adjourn the meeting at 7:43 p.m. Seconded by
Councilmember Montgomery. Motion carried.

Council Minutes August 7, 1996

VILLAGE OF GRANVILLE
COUNClL MEETING MINUTES
AUGUST 7,1996
CALL TO ORDER
Mayor Marshall convened the meeting at 7:03 p.m.
ROLL CALL
Those responding to the roll call were:
Councilmember Eisenberg
Councilmember McGowan
Councilmember Montgomery
Mayor Marshall
Law Director Hurst
Manager Plunkett
It was noted that Councilmember Bellman and Vice Mayor Freytag would be late.
PUBLIC HEARINGS
A public hearing was held on Ordinance No. 209- 6,A "n Ordinance To Create The Fanchion R. And Raymond J. Lewis Ty Tawel Farm Memorial Park Fund."
Mary Fellabaum stated that she would like to see green space preserved in the park,
The public hearing closed at 7:05 p.m.
REVIEW AND APPROVAL OF MINUTES
The minutes of the regularly scheduled meeting ofJuly 17, 1996,were presented for review. Councilmember Eisenberg moved to approve the minutes as amended. Seconded by Councilmember Montgomery. Motion carried.
The minutes ofthe special Council meeting of July 31, 1996,were presented for review. Councilmember Eisenberg moved to approve the minutes as presented. Seconded by Councilmember McGowan. Motion carried.
CITIZENS COMMENTS
Those signing the register were:
See attached list.
Carl Wilkenfeld asked for clarification on the minutes ofthe July 17 meeting. He stated that he did not mean to criticize,but obviously the minutes had been editorialized and there were a number ofthings missing. He asked how a citizen would go about amending minutes and asked why the meetings weren't recorded?
Village Manager Doug Plunkett stated that over the years from time to time Council has discussed the possibility ofrecording meetings,but it was always felt that to do so would
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August 7, 1996
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require additional secretarial staff.He stated that meetings have been recorded before for
special issues. He stated that it would be expensive to buy recording equipment of enough
sophistication to handle regular kept transcribing council meetings.
Mr. Wilkenfeld suggested that the meetings be recorded and the tape stored in the
library.
After a brief discussion,Mr. Wilkenfeld stated that he would be more than happy to
record the next meeting,to which Mayor Marshall stated there would be no reason to object if
any citizen wanted to record meetings.
Law Director Hurst stated that if anyone feels that the minutes do not accurately reflect
statements made,they have a right to bring that to Council's attention in order to get it corrected.
Clifton Crais of 234 North Pearl Street expressed that he would like to have tapes of Council meetings in the library.
Councilmember Bellman arrived.
Ed Vance stated that it was his understating the Planning Commission approved
SuperAmerica with contingencies filing appeals? at their last meeting. He asked when the clock started for
Law Director Hurst stated that approvals and rejections that go before any board are not final until they are filed with the Village Clerk. He stated that decisions are incomplete unless accompanied with a finding of fact from what ever date that decision is issued in writing and the finding of fact is filed with the clerk. After decisions are filed with the clerk, the appeal time period begins.
filed?Constance Barsky asked how citizens would find out when the finding of facts are
Law Director Hurst stated that those interested should call the Village Offices and talk with the village clerk.
Dorothy Garrett stated that she supported the resolution of appreciation to Doug Tailford. She stated that she worked with Doug during his tenure and found him very helpful and he went above and beyond what was required.
Ed Vance stated that he understood there was a vacancy on Council and asked how public input would be taken for the replacement?
Mayor Marshall stated that the opening would be advertised in the Sentinel. He stated that the procedure to fill the vacancy is spelled out in the Charter. Law Director Hurst stated that the Charter sets forth the rules for filling the vacancy. He stated that the replacement is selected by a majority vote ofCouncil and that four Councilmembers must agree on the replacement. In the past,on a number ofoccasions, residents have express their interest in serving and come before Council, Council has in the
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past balloted secretly process until someone receives a majority of the votes. He stated that
Council has 30 days to fill the vacancy.
Mary Fellabaum asked ifthe public could give a candidate's name to any member of
Council or should that name be given to Manager Plunkett?
Manager Plunkett stated that several times council has asked for written statements of
interest and qualifications. The candidates usually come to a council session and speak to
council as to why they feel they should be appointed. He stated that anyone interested in
filling the vacancy could express that interest to the manager or to any member of Council.
COMMITTEE REPORTS
Councilmember Montgomery reported on the Planning Commission meeting of
August 5. At that meeting,the commission approved a sidewalk cafe application for Aladdin
restaurant,approved the relocation of a driveway at 331 Spellman Street,approved shingles 323 Granger at Street,and approved the plans for SuperAmerica with 8 conditions. The
commission held a work session with the Church of Latter Day Saints concerning a lot split.
The church is proposing storm water improvements for their property. The continuation of the
storm water improvements beyond their property could help solve a village problem. A
worksession was also held with McDonalds representatives and franchisee. McDonalds will be at the BZBA on August 22 for a conditional use permit and two variances.
Councilmember Montgomery reported on the Lighting Committee Meeting of August 5. At that meeting,the committee continued to look at exterior lighting guidelines approved by the Planning Commission on July 1. The committee is considering recommending a change to those guidelines. The committee is considering specific fixtures to be used in the Village;the G" ranvillef"ixture and the E"splanadef"ixture. The committee has come up with
a draft of five year light plan for Granville. The plan is to replace some ofthe incandescents in 1996 and more in 1997. The number replaced will depend on funds available. In 1998, ten of the downtown lights will be replaced from the ground up. In 1999 and 2000,the mercury lights will be replaced at the rate of 60 per year.
Councilmember McGowan added that the light fixtures selected are not the cheapest available nor the most expensive,but in the middle range.
Councilmember MeGowan stated that the Recreation Commission will have its fall activities schedule published shortly. He stated that commission members will be talking more with the Welsh Hills School concerning use ofthe soccer fields.
OLD BUSINESS
Ordinance No. 209- 6A,n"Ordinance To Create The Fanchion R. And Raymond J. Lewis Ty Tawel Farm Memorial Park Fundw,"as reintroduced,its title read,and moved for adoption by Councilmember Montgomery. Seconded by Councilmember Bellman.
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Roll call vote: Eisenberg yes,McGowan yes,Bellman yes,Montgomery yes,Marshall
yes. Five yes votes. Ordinance No. 20-96 was adopted.
North Pearl Street Traffic Committee
Councilmember Bellman gave a presentation of the North Pearl Street Traffic Study
Committee's findings. The committee evaluated traffic on Pearl Street at Summit and
Spellman Streets and determined a total of 6,237 vehicles traveled the street in a 24 hour
period.41%ofthe vehicles exceeded 30 mph. On Pearl Street at Cedar and Spellman Streets
a total of 6,303 vehicles traveled the road in a 24 hour period. Ofthose vehicles,22%
exceeded 30 mph. In that same evaluation,585 heavy trucks passed SummiSt/pellman Street
and 655 heavy trucks passed CedarS/pellman Streets. The Committee found traffic speed,
volume,and heavy trucks to be the biggest problems.
The committee suggested imposing a strict speed enforcement policy. They suggested
establishing a date for the new policy to be in effect and to send letters to Granville High
School and Dension University informing them that a new policy would soon be in effect.
They also suggested installing warning signs such as s"peed limit strictly enforceda"n,d
perhaps having a local campaign by the residents. The committee recommended revisiting the
issue again in 6 months to see if their solution is working. Long term solutions to heavy truck traffic were to look for alternate truck routes and talk to local communities and State
Representatives about the problem.
The committee also suggested timing the lights on Broadway better to discourage
motorists from using College Street as an alternative to Broadway. They also suggested
allowing parking on the north side of College Street to slow down motorists.
After a discussion,Mayor Marshall directed Manager Plunkett to discuss the strict enforcement policy with Police Chief Steve Cartnal.
NEW BUSINESS
Mercer Study Commission
Co-chair Mary Lee VanMeter introduced Merger Commission members Robin Bartlett,Becky Evans,Barb Lucier,and Mike Robertson. She stated that the commission was formed in November by a majority vote ofthe township and village to elect ten members to study a merger and prepare conditions ofmerger for the village and the township,should a merger take place. The commission has met almost every Sunday since last December,trying to get input for the merger conditions. This Sunday,the commission hopes to develop the sfihnoaullddraft ofthe conditions ofmerger,and the following Sunday,to vote on whether the issue appear on the ballot. She stated that they were here tonight to ask Council to read the conditions ofmerger and inform the commission ifthey have any input. She stated that the commission's job is not to sell the merger,but to develop the best set of conditions to be voted on. She stated that the commission will meet this Sunday,August 11, 1996,at 6:00 p.m.,at Granville High School.
John & Carole Sue McClusky's Appeal
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August 7, 1996
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Mayor Marshall stated that the McClusky appeal was not a public hearing and Council
would hear the parties on both sides of the issue. Because of the fact that things were so
antagonistic,Mr. McClusky and Mr. Andrew would be sworn in before beginning testimony.
He asked who would speak in this case?
John McClusky will represent the McClusky's and Neil Andrew will represent
himself.
Law Director Hurst stated that the appeal is under Chapter 1137 of the Granville
Codified Ordinances. He stated that all procedures have been completed and the finding of
fact has been submitted. Council may uphold,reverse,modify or remand for further
proceeding the decision. Council has 10 days after the hearing of this matter to announce the
decision. If it is determined by Council that the facts presented by the appellant are different
from the findings of fact determined by the Commission,the appeal may be returned to the
Commission for further consideration. Law Director Hurst informed Council the appeal ready was to be heard. He stated that ifthere are questions from Council as to what issues are before them he would address questions. He stated that this matter went through two formal
procedures at the Planning Commission and at least one before the BZBA. The issue before
Council is the approval of the amendment from the original application which is the s'*tepped"
configuration of the north wall between the carriage house and Cherry Street. He stated that
all other matters have been resolved or were outside of the appeal time. There was an approval of the wall at six feet. A subsequent amendment to the plan providing that the wall
start out at 42 inches and go up in steps ending up at 69 inches has been approved by the
Planning Commission. The location ofthe wall is not in question. Originally, a six foot wall
was approved but since that time,the applicant amended the plan to stair step the wall and that is what is being appealed.
Mayor Marshall swore-in Mr. McClusky and Mr. Andrew.
Mr.McClusky explained his side ofthe situation to Council. He presented reasons for his appeal to Council. His main complaint was that the carriage house and the six foot high fence would shut out light to his property and decrease his home's resale value. He stated that he had been out of state when the last Planning Commission meeting was held but had called Councilmember Montgomery to express his views on the matter.Mr.McClusky distributed photographs to help clarify his points.
Law Director Hurst asked Mr. McClusky if he wished the pictures shown become a part ofthe record to which Mr.McClusky answered yes. Neil Andrew of 236 West Elm Street addressed points ofwhy he wanted to install a fence. The main reason was for privacy and noise reduction. He indicated the need to see that safety was considered. He stated that he decided to stair step the fence so that road visibility could be maintained. Mr. Andrew submitted pictures for the record.
After a long discussion a compromise for Mr. Andrew and Mr. McClusky was proposed to which both agreed.
Councilmember Eisenberg moved to grant the appeal from the decision ofthe Planning Commission with modifications,said modifications to be that the fence in question will be at a height of42 inches for the first 8 feet,51 inches for the second 8 feet,60 inches for the third 8 feet and 60 inches for the remaining 9 feet proceeding from the end ofthe fence
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August 7, 1996
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closest to the sidewalk to the carriage house and that the columns are to remain proportional
in height. Seconded by Councilmember MeGowan.
Roll call vote: Eisenberg yes,MeGowan yes,Bellman yes,Montgomery yes,Vice
Mayor Freytag yes,Mayor Marshall yes. Six yes votes. The motion was carried.
Resolution No. 964- 7,A "Resolution Of Appreciation To Douglas Tailford Jr.w,a"s
introduced,read in full and moved for adoption by Councilmember Bellman. ,
Councilmember Bellman stated that he had worked with Doug Tailford and felt that he
had been an important part to the community. He stated that Doug was a great person to work
with and was sad to see him gone. Seconded by Councilmember McGowan. Motion carried.
Resolution No. 96-47 was adopted.
Resolution No. 964- 8,A "Resolution To Dismiss The Appeal OfA Conditional Use
Permit For Country Hearth Inn Filed By Carl Wilkenfeldw,"as introduced,read in full,and
moved for adoption by Councilmember Montgomery. Seconded by Mayor Marshall.
Because Mr. Wilkenfeld had been out of town and received the Law Director's findings only today,Vice Mayor Freytag moved to table the Resolution. Seconded by
Councilmember Eisenberg. Motion Carried. Resolution No. 96-48 was tabled.
Resolution No. 964- 9A.R"esolution To Authorize The NonP- ermanent Installation
OfA Sidewalk Cafe On The Public Sidewalk At 120 East Broadway In Front Of The
Business Known As A"laddin RestaurantS"u, bject To Restrictionsw,a"s introduced,read in full,and moved for adoption by Councilmember McGowan. Seconded by Councilmember Eisenberg. Motion carried. Resolution No. 96-49 was adopted.
Resolution No. 96-50.A "Resolution To Award The Bid For Towing And Storage Of Impounded Motor Vehiclesw,"as introduced,read in full,and moved for adoption by Councilmember Eisenberg. Seconded by Vice Mayor Freytag.
Manager Plunkett stated that he had talked with Police Chief Steve Cartnal about the bids today. He stated that it is a matter of interpretation ofwho the low bidder is,if any. He stated that the inside storage rate of one bid is lower than the other tow bid, He stated that it was his mistake to recommend Yonker's Towing.
Mayor Marshall stated that the Village had had good experience withMP&. Vice Mayor Freytag moved to amend Resolution No. 965-0 to award the bid toMP&. Seconded by Councilmember Montgomery. Motion carried.
Councilmember Eisenberg moved to approve the resolution as amended. Seconded by Councilmember Montgomery. Motion carried. Resolution No. 96-50 was adopted.
Ordinance No. 249- 6.A "n Ordinance To Amend Section 113.01 of the Codified Ordinances OfThe Village ofGranville,Ohio,Establishing Posting Places," and its title read by Councilmember Montgomery. was introduced
7:00 Mayor Marshall set the public hearing on Ordinance No. 249-6 for August 21, 1996,at p.m.
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Councilmember Montgomery asked when Council would be finding a replacement for
Kevin Bennetts'vacant council seat?
It was noted that anyone interested in filling the vacant seat should submit a resume to
any Councilmember or to the Village Manager. Mayor Marshall stated that the position will
be advertised in the Sentinel.
It was decided that statements of interests would be accepted until August 22 and
Council would vote on the new member at its September 4 meeting.
MEETING ANNOUNCEMENTS
The next Planning Commission meeting will be August 19, 1996.
EXECUTIVE SESSION-PENDING LEGAL MATTERS
Councilmember Eisenberg moved to enter into executive session at 10:50 Seconded by Vice p.m. Mayor Freytag. Roll call vote: Eisenberg yes,McGowan yes,Bellman yes, Montgomery yes,Freytag yes,Marshall yes. Six yes votes. Motion carried.
Law Director Hurst informed Council of the status on the Moratorium petition. It was decided to have the clerk send the petitions to the Board of Elections with a notice that the
petitions are deficient because a copy ofthe petition was not filed with the clerk before circulation.
Councilmember Eisenberg moved to return to regular session at 11: 18 p.m. Seconded
by Councilmember McGowan. Roll call vote: Eisenberg yes,McGowan yes,Bellman yes, Montgomery yes,Freytag yes,Marshall yes. Motion carried.
ADJOURNMENT
Vice Mayor Freytag moved to adjoum the meeting at 11:20 p.m. Seconded by Councilmember Montgomery. Motion carried.

Council Minutes July 31, 1996

VILLAGE OF GRANVILLE
SPECIAL COUNCIL MEETING MINUTES
JULY 31,1996
CALL TO ORDER
Mayor Marshall convened the meeting at 9:05 a.m.
ROLL CALL
Those responding to the roll call were:
Councilmember Eisenberg
Councilmember Bennett
Councilmember Montgomery
Vice Mayor Freytag
Mayor Marshall
Law Director Hurst
Vice Mayor Freytag moved to excuse absentee Councilmembers Bellman and
McGowan. Seconded by Councilmember Eisenberg. Motion carried.
NEW BUSINESS
Ordinance No. 229- 6,A "n Ordinance To Rescind Ordinance No. 21-96,
Approving The Development Plan For Bob Evans Farms With Conditions And
Declaring An Emergencyw,a"s introduced and its title read by Vice Mayor Freytag. Vice Mayor Freytag then moved to adopt Section II,the Emergency Clause and read that section in its entirety. Seconded by Councilmember Eisenberg.
Councilmember Eisenberg asked for an explanation of the ordinance.
Law Director Hurst stated that the hearing held on July 17 had been conducted under Section 1143 of the Granville Codified Ordinances. He stated that that section of the code mandates that the Village publish the notice of hearing fifteen days prior to the hearing date. In this case,the village gave a six day notice and therefore the ordinance is invalid and must be heard again.
Roll call vote: Eisenberg yes,MeGowan absent,Montgomery yes,Bennett yes, Freytag yes,Marshall yes,Bellman absent. Five yes votes,two members absent. The emergency clause was adopted.
Vice Mayor Freytag moved to adopt Ordinance No. 229-6. Seconded by Councilmember Eisenberg .Roll call vote: Eisenberg yes,McGowan absent, Montgomery yes,Bennett yes,Freytag yes,Marshall yes,Bellman absent. Five yes votes,two members absent. Ordinance No. 22-96 was adopted.
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Ordinance No. 23-96A,n"Ordinance Approving The Development Plan For
Bob Evans Farms With Conditionsw,"as introduced and its title read by
Councilmember Eisenberg.
Councilmember Ejsenberg stated that in the discussions with Bob Evans at the
July 17 meeting,the gray color ofthe awnings was discussed and should be included
in the Ordinance. Mr. Eisenberg suggested getting clarification on the lighting of the
sign at the next hearing.
Mayor Marshall set the public hearing on Ordinance No. 23-96 for August 21,
1996,at 7:00 p.m.
ADJOURNMENT
Vice Mayor Freytag moved to adjourn the meeting at 9: 10 a.m. Seconded by Councilmember Bennett. Motion carried.

Council Minutes July 17, 1996

VILLAGE OF GRANVILLE
COUNCIL MEETING MINUIES
JULY 17,1996
CALL TO ORDER
Mayor Marshall convened the meeting at 7:05 p.m.
ROLL CALL
Those responding to the roll call were:
Councilmember Eisenberg
Councilmember McGowan
Councilmember Montgomery
Vice Mayor Freytag
Mayor Marshall
Law Director Hurst
Manager Plunkett
Councilmember Eisenberg moved to excuse absentee Councilmember Bellman.
Seconded by Vice Mayor Freytag. Motion carried.
It was noted that Councilmember Bennett would be late.
PUBLIC HEARINGS
A public hearing was held on Ordinance No. 159- 6,A "n Ordinance To Amend
Section 1137.01 OfThe Codified Ordinances OfThe Village OfGranville."
No one appeared to speak for or against Ordinance No. 15-96. The public hearing closed at 7:05 p.m.
A public hearing was held on Ordinance No. 16-96,A "n Ordinance To Amend
Section 1139.05 OfThe Codified Ordinances OfThe Village Of Granville."
No one appeared to speak for or against Ordinance No. 16-96. The public hearing closed at 7:06 p.m.
A public hearing was held on Ordinance No. 179- 6,A "n Ordinance For Establishing
A Six 6( )Month Moratorium On The Issuance Of Certain Building Permits,With Possible Renewal OfSix 6( )Additional Months IfNecessary,Providing For The Review OfThe Comprehensive Plan OfThe Village."
Sara Goss Norman,an attorney from Cleveland,Ohio,spoke on behalf of Ordinance No. 179-6. She stated that the ordinance is not stopping development,it is putting it off until the master plan can be addressed. She stated that moratoriums have been successful in several cities in Ohio,including Bexley twice,which has not been challenged. She stated that Granville has unique qualities which deserves attention,and she encouraged Council to support the ordinance.
Councilmember Eisenberg stated that he had asked Ms. Norman on June 19 who was paying her attorney fees and she had been unable to answer. He asked if she could reveal that information at this time.
Ms. Norman responded that payment offees does not constitute an attorneyc/lient relationship,and that she had talked to several residents ofthe Village. She stated that Steve Larson was paying her fees.
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Dorothy Garrett of Donald Ross Drive stated that she was to opposed the Ordinance.
She stated that the Comprehensive Plan was adopted in December of 1990 following months
of discussion. She stated that since that time,the zoning code has been strengthened and the
sign code has been rewritten after months of work. She stated that a number of property
owners had asked for the rezoning of property on Cherry Valley Road and after careful
consideration,the request had been granted. During that time there were public hearings on
the issue. Council held joint meetings with the township well before the Keny annexation
issue was brought up. She stated that anyone who has built in Granville will agree that the
process is not done in haste. She stated that if residents did not participate in the Compressive
Plan in 1990,why not?She stated that if people have just moved to the community,why
didn't they read and participate to get an understanding ofthe zoning ordinances. She stated
that a moratorium would leave the village open to law suits.
Art Morrow of Mt. Parnassus stated that he was speaking on behalf of Herb and Frank
Murphy ofNorthtowne Properties. He stated that he had served on Council for four years and
was on Council in 1989 when east Granville was annexed. He stated that at the time,when
east Granville was annexed,the City of Newark was proposing to annex that same portion of
land. The citizens of east Granville came to Council and asked Granville to take them in. The
annexation was approved. During that time period,the Murphys were the largest land and they had the option owners, of going to Granville or Newark. After the annexation,the public
wanted Granville's 1964 Comprehensive Plan updated. The Murphys'took on a self imposed
moratorium and took no action to develop their land for a year and a half,to allow the Village
time to come up with a development plan for the area. He stated that the Murphys have
followed Granville's Plan and have spent thousands of dollars to expand the sewer and water lines. They have been good corporate clients and cooperated with the Village. The Murphys
did not develop to the full density in the areas on Newark- Granville Road. He stated that he
realized the citizens were sincere in their request for no growth,however if that was the
attitude Granville had,alot ofthe residents in favor of the moratorium wouldn't be here today.
He stated that in his opinion,the legislation is invalid,unconstitutional,wrong and offensive.
He stated that Council could appoint a committee to discuss the comprehensive plan but should wait until after the merger issue is resolved.
Clifton Crais of 234 North Pearl Street stated that the people behind the moratorium
are the 600 plus people who signed the petition that had been presented to Council. He stated that in his opinion,the Comprehensive Plan is no longer a living document. He stated that he finds it ironic that developers are now turning to the Comprehensive Plan as their guide and bible.
Carl Wilkenfeld stated that he moved here in 1980 with his wife and daughter. Since that time,his wife passed away and is now buried in the Maple Grove Cemetery. He stated that he plans to be in Granville now and until the planet explodes. He stated that he is the one who started the moratorium and not Steve Larson. He stated that everything being said about Steve Larson is a bunch ofgas,and people should not be demonized.
Mr.Wilkenfeld became very emotional and was asked by Council not to shout. After a brief argument,Mr. Wilkenfeld took a seat and spoke no more.
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July 17, 1996
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Julia Brody of Burg Street stated that she would like to underscore Mr. Crais's
comments. She stated that she supported the comments of Mr. Wilkenfeld,but in a more
peaceful way. She stated that the citizens are not trying to deprive developers but are asking
for a little time for village input.
Fleur Metzger of 81 Maplewood Drive,read a section out of a travelers guide about
Granville. She stated that she has passed petitions and is concerned with where Granville is
headed.
Nancy Recchie stated that she has worked for 20 years full time in historic
preservation,and that she did attend the comprehensive plan meetings. She stated that in her
opinion,the master plan is a general guideline and perhaps it's time for a serious relook. She
stated that the moratorium would allow time for development of constructive,positive
guidelines and would not hurt developers.
Tom Mitchell of Maplewood Drive stated that he was concerned from an
environmental view. He stated that the environmental impact after building is a concern. He
stated that the issues of adequate capacities need to be addressed because of the need to
prepare and look at the future of the community. He stated look that Council should stop and take a at those issues.
Judith Thomas apologized to Council,past and present,because she was a"sleep at the
wheel". She stated that she was concerned there was a possibility that Council may feel
supporting the moratorium was a criticism of the job Council has done but,it is not intended
that way. She stated that people who serve on commissions and Council are very dedicated
people. She stated that lately,events in Granville have been moving very quickly. She stated
she supports the moratorium not because she doesn't want to see growth or development,but
to make sure Granville gets what it wants. She stated that she wanted to see Granville kept a friendly place for pedestrians and in her opinion,this was an opportunity to stop and think and work with everyone who has a concern. She stated too,that dumping on people was not a useful way to operate.
Keith Newhouse stated that he was against the moratorium and that Cherry Valley Road was a busy street that should have development to get money for the schools. He stated that everyone eats at Bob Evans and that Bob Evans has bent over backwards trying to come up with an acceptable plan for Granville. He stated that many people have been talking about a"New Englands"tyle but every house in New England was different. He stated that he agreed with Art Morrow's comments.
Ed Vance of 248 Thomwood Drive stated that the area in question e (ast Granvillei)s, dedicated commercial. He stated that the main question was the style,quality,an overall layout ofthe possible development in the area. He stated that there are approximately ten proposals for the area and very few are for allowable uses. Cindy Cort ofNewark Granville Road stated that she lived in the township and would ilnikpeutto. see the village postpone the issues long enough to give township residents time for
Charles Metzger of 81 Maplewood Drive,stated that he felt that if something was not done right,you should go back and correct it. He stated that the Murphys have done a good job but any more development would add to the traffic atWendys C(herry Valley Road)H.e
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stated that the moratorium was not trying to hold back the inevitable,but was tying to make
sure it is the right development for Granville.
Lyn Robertson stated that she has worked with the zoning code and the master plan at
great length. She stated that at times,there are two conflicting positions. She stated that she
felt the master plan and zoning ordinances need to be looked at to see that they conform with
one another.
Constance Barsky stated currently Disney is spending millions of dollars to build a
community similar to Granville. She stated that the community would like time to look at the
comprehensive plan and find out what Granville needs. She stated that the legal issues will
always be with us and we should just do the best we can with it.
The public hearing closed at 7:50 p.m.
A public hearing was held on Ordinance No. 18-96,A "n Ordinance To Amend
Section 509.02c( )5,09.03 a( )1(),a ()2()A,nd a( )5()5,09.03 e( )5,09.05 c( )5,09.09 b( )5,21. 08
g), and 529.07 (d)Of The Codified Ordinances OfThe Village Of Granville."
No one appeared to speak for or against Ordinance No. 18-96. The public hearing
closed at 7:51 p.m.
A public hearing was held on Ordinance No. 199- 6,A "n Ordinance To Amend
Ordinance No. 37-95 Providing For Adjustments OfThe Annual Budget For The Fiscal Year
1996 And Revising Sums For Operating Expenses."
No one appeared to speak for or against Ordinance No. 19-96. The public hearing
closed at 7:52 p.m.
REVIEW AND APPROVAL OF MINUTES
The minutes ofthe regularly scheduled meeting of July 3, 1996,were presented for
review. Councilmember Bennett moved to approve the minutes as corrected. Seconded by Vice Mayor Freytag. Motion carried.
MAYOR'S REPORT
The Mayor's Report for the month ofJune was presented for review.
Mayor Marshall directed the clerk to file the report. A copy ofthat report is attached as part ofthese minutes.
MANAGER'S REPORT
The Manager's Report for the month ofJune was presented for review. Councilmember Eisenberg moved to accept the report. Seconded by Vice Mayor Freytag. Motion carried. A copy ofthat report is attached as part of these minutes.
CITIZENS COMMENTS
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July 17, 1996
Page 5
Those signing the register were:
See attached list.
No questions,comments or concerns were voiced at this time.
COMMITTEE REPORTS
Councilmember Montgomery reported on the Planning Commission meeting of July
15. At that meeting,the Granville Board of Education submitted a plan for a sign to be placed
at Granville High School,however the school does not need approval from the commission.
The Commission made three recommendations to the school. The commission approved sign for the Murphy a Group,approved an architectural review applications for 121 Maple
Street,and 401 N. Pearl Street,and approved a fence request at 201 N. Pearl Street. A
worksession was held on the Hersham property and the commission asked for a resolution of appreciation for Doug Tailford.
Councilmember Eisenberg reported on the July 10 Utilities Committee meeting. Two
issues were reviewed. Bob Evans Farms and SuperAmerica requested to be relieved of some of the cost for installing sewer across State Route 16. They were basically asking to recoup the cost of installing the bigger sewer line in order to accommodate all properties in the area. The committee recommends denying that request to recoup costs. He stated that Council has
not done anything like that before and should not start now. The committee further decided
that installing a21 inch sewer rather than a 10 inch sewer with the village absorbing the additional cost would be in order. The Village would then be able to service the Keny
property or other properties that may come as a result of annexation or development.
The Utilities Committee discussed an application submitted by Robert Hersham who would like to develop on West Broadway. Mr. Hersham's sewer plan involved a private
sewer system which would not meet the requirements of Granville's ordinances. Councilmember Eisenberg stated that Mr. Hershem's request would not serve attributary
ipnrcohperties either,as required. He stated that the plan proposed to continue using the existing 8 sewer to service the first lot in the development plan.
Councilmember McGowan reported on the Lighting Committee meeting. The committee will have a recommendation for Council August 7. The plan will basically be a AfivEePyear plan to meet AEP requirements. Currently there are 76 lights in the Village which cannot service. He stated that he had found out that Bexley had had a four month moratorium because of their street light issue.
OLD BUSINESS
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Council Meeting Minutes
July 17, 1996
Page 6
Ordinance No. 159- 6,A "n Ordinance To Amend Section 1137.01 Of The Codified
Ordinances OfThe Village OfGranvillew,"as reintroduced,its title read,and moved for
adoption by Councilmember Eisenberg. Seconded by Councilmember Montgomery.
Roll call vote: Eisenberg yes,McGowan yes,Bellman absent,Montgomery yes,
Bennett yes,Freytag yes,Marshall yes. Six yes votes. Ordinance No. 15-96 was adopted.
Ordinance No. 169- 6,A "n Ordinance To Amend Section 1139.05 Of The Codified
Ordinances OfThe Village OfGranvillew,"as reintroduced,its title read,and moved for
adoption by Councilmember Montgomery. Seconded by Councilmember Bennett.
Roll call vote: Eisenberg yes,McGowan yes,Bellman absent,Montgomery yes, Bennett yes,Freytag yes,Marshall yes. Six yes votes. Ordinance No. 16-96 was adopted.
Ordinance No. 179- 6,A "n Ordinance For Establishing A Six 6( )Month Moratorium
On The Issuance Of Certain Building Permits,With Possible Renewal Of Six (6)Additional
Months If Necessary,Providing For The Review Of The Comprehensive Plan Of The
Villagew,"as reintroduced,its title read by Councilmember McGowan.
Councilmember McGowan stated that he would like to see the ordinance tabled for
two more weeks in order to look more closely at the issue. He stated that currently he felt the
ordinance did not have Council's support and he didn't want to see the ordinance defeated.
He stated that the Law Director could look more closely at the legal issues.
Councilmember Bennett asked if the Law Director needed further time to determine
the validity of the ordinance
Law Director Hurst answered no.
Councilmember MeGowan moved for adoption of Ordinance no. 17-96. Seconded by Vice Mayor Freytag.
Law Director Hurst stated that he believed the legislation as prepared assumed as fact
matters that are speculative. He stated that he is ofthe opinion that the legislation is inconsistent with the laws ofthe State of Ohio and is unconstitutional. He stated that he is
totally unsupportative ofthe legislation. Mr. Hurst pointed out a few ofthe areas in the ordinance he felt were speculative.
Councilmember McGowan stated that the ordinance was presented to him from petitioners. He stated that he had concerns with the merger currently being studied,and the fact that the village currently does not have a planner. He stated that the meeting scheduled for September will be helpful to Granville. He stated that he felt the zoning codes in Granville needed to be reinforced.
Councilmember Eisenberg stated that he had a number ofthoughts on the issue. He stated that he can't disagree that it may be time to revisit the master plan in light of current events. He stated that be believed the conditions ofmerger include doing that. He stated that the area at Cherry Valley Road and SR 16 is zoned commercial and is the only commercially zoned area in Granville. He stated that peoples fears ofGranville looking like a Rt. 79 or 21 st Street are not possible because the area is not large enough for that to happen. He stated that that area is an appropriate place in the Village for commercial development. He stated that he would suggest that the revision ofthe comprehensive plan not happen until after the election 1
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Council Meeting Minutes
July 17, 1996
Page 7
in November because of the merger issues. He stated that a this time,he could not support the
moratorium.
Councilmember Montgomery stated that this was a tough issue. She stated that she has
heard a number of citizens saying alot of different things. She stated that the Planning
Commission,the BZBA,and the Council have tried to do their job and follow the master plan
as best as possible. She stated that they have to listen to both sides of each issue,and have
required developers to jump through all the hoops. She stated that she has lived in Granville
all her life and earlier in the evening she had discussed all the developments that have
occurred. She stated that Granville has had lots and lots of growth but has never experienced
commercial growth. She stated that the master plan states reasons for commercial growth like
tax revenues for the school system. She stated that Council,Planning Commission,and the
BZBA can't vote against something simply because they do not like it,they must follow the
codes. She stated that the comprehensive plan needs to be reviewed but should wait until after
the merger issue is decided. She stated that she couldn't support the moratorium.
Councilmember Bennett stated that the comprehensive plan needed strengthening,but
the threshold issue is the legal issue. He stated that in his opinion, it was highly irresponsible
for any Councilmember to vote for the ordinance when the law director says the ordinance is
invalid. He stated that at this point,supporting the ordinance would be pandering to popular opinion.
Vice Mayor Freytag stated that he shared many of the goals of the ordinance. He stated
that he had personal reservations about its legality but,was trying to find a way to support the
ordinance. He stated that he had originally planned to vote against the ordinance but has since
changed his mind because Bexley has successfully done it and that is encouraging. He stated
that many ofthe people who voted for him were for the issues therein,and he was elected to represent them.
Mayor Marshall stated that he does not support the ordinance and his opinion on the
matter was similar to Councilmember Bennett's. He stated the ordinance that if the law director's opinion is is insufficient,it should not be passed.
Roll call vote: Eisenberg no,McGowan yes,Bellman absent,Montgomery no, Bennett no,Freytag yes,Marshall no. Four no votes,two yes votes. Ordinance No. 179-6 was defeated.
Ordinance No. 18-96,A "n Ordinance To Amend Section 509.02c( )5,09.03 (a)1(),
a2)()A,nd a( 5)()5,09.03 e( )5,09.05 c( )5,09.09 b( )5,21.08 g( )a,nd 529.07 d( )OfThe Codified Ordinances OfThe Village OfGranvillew,a"s reintroduced,its title read,and moved for adoption by Mayor Marshall. Seconded by Councilmember Montgomery. word After a brief discussion,Vice Mayor Freytag moved to amend Section IV to add the Recklessly"to the first sentence and to amend Section V of the ordinance,changing the distance from the boundaries ofany school from 1,000 to 500 feet. Seconded by Councilmember MeGowan.
Roll call vote: Eisenberg yes,McGowan yes,Bellman absent,Montgomery yes, Bennett yes,Freytag yes,Marshall yes. Six yes votes. Ordinance No. 18-96 was adopted.
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Council Meeting Minutes
July 17, 1996
Page 8
Ordinance No. 199- 6,A "n Ordinance To Amend Ordinance No. 379-5 Providing For
Adjustments OfThe Annual Budget For The Fiscal Year 1996 And Revising Sums For
Operating Expensesw,"as reintroduced,its title read,and moved for adoption by
Councilmember Montgomery. Seconded by Vice Mayor Freytag.
Roll call vote: Eisenberg yes,MeGowan yes,Bellman absent,Montgomery yes,
Bennett yes,Freytag yes,Marshall yes. Six yes votes. Ordinance No. 19-96 was adopted.
Bob Evans Farms
Larry Wills of Bob Evans Farms stated that Bob Evans owned 4.6 acres on the corner
of Cherry Valley Road and SR 16. He stated that they planned to build a restaurant and a
motel,however there are no plans currently for the hotel. He stated that Bob Evans Farms
began worksessions back in March of 1995 with the Planning Commission. He
complimented the work of the Planning Commission and stated that Bob Evans has worked
with them,and many changes had been made since the first plan was submitted. Mr. Wills
gave a brief history of changes that had been made to the plan. He stated that at the last
Planning Commission meeting,the commission had denied their development plan for three
reasons: the two signs on the building exceeded the maximum allowable size,the proposal
would position parking in the front of the building where it is prohibited,and the proposal is 7
feet between parking and the building where a minimum if 10 is required.
Mr. Wills explained to council that Bob Evans had done away with their monument sign and was asking for two signs for the front and west side of the building,totaling 88
square feet. He stated that if Council wishes not to have the parking in the front ofthe
building,they would push the building closer to the road and eliminate it however,that would
not be convenient to customers or convenient for emergency access. He stated that they could adhere to the ten feet between parking and the building by adding three foot of landscaping to the plan. He stated that they are not requesting to do that,but could,ifCouncil wished. He stated that Bob Evans was very interested in becoming a part ofGranville and was asking for approval oftheir development plan.
Lyn Robertson,Planning Commission chair,presented her reasons for denying the application as outlined in the finding of fact submitted to Council. Richard Salvage,Planning Commission member,presented Council the view point ofthe two Planning Commission members who voted in favor ofthe Bob Evans proposal. He stated that he felt the plan was denied on architectural grounds aspect and the planning commission did not have the authority to do so.
Tom Mitchell asked several questions ofBob Evans representatives regarding sewers. Dave Britton of 1117 Cherry Valley Road stated that his property was right beside the Bob Evans property,and that he was glad to see Bob Evans come to the neighborhood.
Bob Evans had an outstanding track record. He stated that they are a business to be proud of
Guy Martin stated that he had no connection with Bob Evans what so ever and felt that
and that 99%ofthe people who are complaining ofthem developing will probably be customers ofBob Evans the first week they move in.
Charles O'keefe of 4 Samson Place,stated that he has lived in the Village 20 years and has never heard anyone say they came to Granville for low taxes. He stated that people
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Council Meeting Minutes
July 17, 1996
Page 9
move to Granville for the quality of life. He stated that a majority ofthe Planning Commission
found that the Bob Evans Farms architectural style is not in character with Granville.
Constance Barsky stated that she supported the tax base issues but a majority of school
levies are not passed because of the issue of management,and not because people don't want
to support the schools. She stated that traffic issues were also a problem,and that at the last
Council meeting,there had been discussion of the traffic patterns on Cherry Valley and SR
16,and now Bob Evans is talking about widening the road. She stated that she is confused
about the order of how things are happening.
Councilmember MeGowan suggested sending the Bob Evans plan back to the
Planning Commission for further review.
Law Director Hurst stated that the hearing falls under Chapter 1143 of the codified
ordinances dealing with amendments to zoning ordinances. The hearing is under 1143.04
because the property is zoned PCD,and all such applications are considered an amendment to the zoning code.
Law Director Hurst stated that the comprehensive plan does not have the force and
effect of law within the Village. He stated that if the zoning ordinances direct attention to the
plan for guidance,they do,but,the village has never chosen to say the Comprehensive Plan
has the force and effect of law. He stated that Council has 15 days from the date ofthe
hearing to adopt,adopt with modifications,or deny the recommendation of the Planning
Commission. He stated that the decision will be reduced to written ordinance form.
Council discussed the issue of denying the proposal based on aesthetics at length.
Councilmember Montgomery stated that the Planning Commission briefly discussed
changing the red roof to gray,to which Bob Evans indicated that was possible. However,the
gray color ofthe roof is not in the application.
Councilmember Eisenberg stated that he could see a possible modification if of the plan a few things were worked out. After a discussion,Councilmember Eisenberg moved to accept the application of Bob Evans Farms with the modifications that the minimum of 10 foot clearance between parking and the building was met by adding three more feet of landscaping,providing that the roof of the building be gray,that the parking in front ofthe building be permitted,and allowing two signs on the building not exceeding a maximum of 88 total square foot. Seconded by Councilmember Montgomery.
Roll call Vote: Eisenberg yes,MeGowan no,Montgomery yes,Bennett yes,Freytag mnoo,dMifaicrsahtaiollnyse.s .(Four yes votes,two no votes. The development plan was approved with Ordinance No. 21-96)
NEW BUSINESS
Resolution No. 964- 2,A "Resolution To Award The Bid For The 1996 Milling And Paving Improvements,As Per Specifications,To The Shelly Company And To Authorize The Village Manager To Enter Into An Agreement Thereforew,a"s introduced,read in full and moved for adoption by Councilmember Montgomery. Seconded by Councilmember Bennett, Motion carried. Resolution No. 96-42 was adopted.
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Village of Granville
Council Meeting Minutes
July 17, 1996
Page 10
Resolution No. 964- 3A."Resolution To Adopt The 1997 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 Eisenberg. Seconded by
Councilmember McGowan. Motion carried. Resolution No. 96-43 was adopted.
Resolution No. 964- 4A,"Resolution To Allow For The Donation Of Two Surplus
Light Bars To The Central Ohio Technical College Law Enforcement Officer Training
Programw,"as introduced,read in full and moved for adoption by Councilmember
McGowan. Seconded by Vice Mayor Freytag. Motion carried. Resolution No. 96-44 was
adopted.
Resolution No. 96-45,A "Resolution To Authorize The Village Manager To Enter
Into An Easement Agreement With The TJ Evans Foundationw,"as introduced,read in full
and moved for adoption by Vice Mayor Freytag. Seconded by Councilmember McGowan.
Law Director Hurst stated that the easement agreement is between four parties: the
Village of Granville,The TJ Evans Foundation,Harold Atteberry,and Granville Milling
Company. He stated that if the other parties do not sign the easement,it will not be binding.
After a brief discussion,Resolution No. 96-45 was adopted.
Resolution No. 964- 6,A<R'esolution To Authorize The Village Manager To Request
Proposals For Design Review Standardsw,"as introduced,read in full and moved for
adoption by Councilmember McGowan. Seconded by Vice Mayor Freytag.
Ordinance No. 209- 6,A "n Ordinance To Create The Fanchion R. And Raymond J.
Lewis Ty Tawel Farm Memorial Park Fundw,"as introduced by Councilmember Montgomery.
Mayor Marshall set the public hearing on Ordinance No. 209-6 for August 7, 1996,at 7:00 p.m.
Councilmember Montgomery requested a resolution of appreciation to Doug Tailford for his services with the Village. That resolution will appear on the next agenda.
ADJOURNMENT
Councilmember Freytag moved to adjoum the meeting at 10:45 p.m. Seconded by Councilmember Bennett. Motion carried.

Council Minutes July 3, 1996

VILLAGE OF GRANVILLE
COUNCIL MEEONG MINUTES
JULY 3,1996
CALL TO ORDER
Mayor Marshall convened the meeting at 7:00 p.m.
ROLL CALL
Those responding to the roll call were:
Councilmember McGowan
Councilmember Bennett
Councilmember Montgomery
Mayor Marshall
Manager Plunkett
Law Director Hurst
Councilmember Montgomery moved to excuse absentee Councilmembers Eisenberg
and Bellman. Seconded by Councilmember MeGowan. Motion carried.
PUBLIC HEARINGS
A public hearing was held on Ordinance No. 129- 6A,n"Ordinance To Add Section
1159.03 e( )3()To The Codified Ordinances OfThe Village OfGranville."
No one appeared to speak for or against Ordinance No. 12-96. The public hearing
closed at 7:01 p.m.
A public hearing was held on Ordinance No. 139- 6,A "n Ordinance To Amend
Ordinance No. 37-95 Providing For Adjustments Of The Annual Budget For The Fiscal Year
1996 And Revising Sums For Operating Expenses."
Vice Mayor Freytag arrived.
No one appeared to speak for or against Ordinance No. 13-96. The public hearing
closed at 7:01 p.m.
A public hearing was held on Ordinance No. 14-96,A "n Ordinance To Repeal Section
313. 11 (e)Of The Codified Ordinances OfThe Village Of Granville."
No one appeared to speak for or against Ordinance No. 14-96. The public hearing closed at 7:02 p.m.
REVIEW AND APPROVAL OF MINUTES
The minutes of the regularly scheduled meeting of June 19 were presented for review. Councilmember Bennett moved to approve the minutes as corrected. Seconded by Vice Mayor Freytag. Motion carried.
CITIZENS COMMENTS
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Village of Granville
Council Meeting Minutes
July 3, 1996
Page 2
Those signing the register were:
Constance Barsky Beth Apthorp
COMMITTEE REPORTS
Councilmember Montgomery reported on the Planning Commission meeting of July 1.
A public hearing had been held concerning the entrance gate and security buildings proposed
for the Mansion on Newark- Granville Road. The Planning Commission will recommend
disapproval of that request. The Commission reconsidered and approved a fence on West
Elm Street,approved repainting of a sign for Woeste Real Estate,approved a sign for
Granville Enterprises,approved a fence on Granger Street,and conducted a work session on
exterior lighting guidelines. The commission also discussed the request for proposals for
design review standards.
Councilmember MeGowan reported on the last lighting committee meeting. The
committee had looked at lights around the village and visited Holophane's lighting park to
look at poles and light fixtures.
OLD BUSINESS
Ordinance No. 129- 6.A "n Ordinance To Add Section 1159.03 e( )3()To The Codified
Ordinances Of The Village OfGranvillew,"as reintroduced,its title read and moved for
adoption by Mayor Marshall. Seconded by Councilmember Montgomery.
Roll call vote: Eisenberg absent,MeGowan yes,Bellman absent,Montgomery yes, Bennett yes,Freytag yes,Mayor Marshall yes. Five yes votes,two members absent. Ordinance
No. 12-96 was adopted.
Ordinance No. 13-96,A "n Ordinance To Amend Ordinance No. 379-5 Providing For
Adjustments OfThe Annual Budget For The Fiscal Year 1996 And Revising Sums For
Operating Expensesw,a"s reintroduced,its title read,and moved for adoption by
Councilmember Bennett. Seconded by Vice Mayor Freytag.
Roll call vote: Eisenberg absent,MeGowan yes,Bellman absent,Montgomery yes, Bennett yes,Freytag yes,Mayor Marshall yes. Five yes votes,two members absent. Ordinance No. 13-96 was adopted.
Ordinance No. 149- 6.A "n Ordinance To Repeal Section 313. 11 e( )Of The Codified Ordinances OfThe Village OfGranvillew,a"s reintroduced,its title read,and moved for adoption by Vice Mayor Freytag. Seconded by Councilmember McGowan.
Beth Apthrop ofRiver Road stated that she drives through the SR 16 and Cherry Valley Road intersection two to four times a day,and when right turns were allowed,people would pull out in front oftraffic traveling 55 mph. She stated that it is scary when people are
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Village of Granville
Council Meeting Minutes
July 3, 1996
Page 3
pulling out on a four lane divided highway. She stated that perhaps the light could be retimed,
but she was against allowing the right turn on red.
After a discussion,the role call vote was taken: Eisenberg absent,MeGowan yes,
Bellman absent,Montgomery no,Bennett no,Freytag yes,Mayor Marshall no. Two members
absent, three no votes,two yes votes. Ordinance No. 14-96 was defeated.
Manager Plunkett stated that he would look into the possibility of time imposing
constraints on the no right turn on red at that intersection and to implement time constraints as
appropriate.
Councilmember MeGowan stated that he would like to see the bikepath by the
Granville Mill taken care of.He stated that in his opinion,safety was a real issue at that
location.
Manager Plunkett stated that the Village has plans to clean up that area and is awaiting
engineering review. He stated too,that the project is awaiting the granting of an easement
across the bikepath by the TJ Evans Foundation.
NEW BUSINESS
Ordinance No. 189- 6,A "n Ordinance To Amend Section 509.02c( )5,09.03 a( )1(),
a)2()A, nd a( )5()5,09.03 e( )5,09.05 c( )5,09.09 b( )5,21.08 g( )a,nd 529.07 d( )OfThe
Codified Ordinances OfThe Village OfGranvillew,"as introduced and its title read by Mayor Marshall.
Mayor Marshall set the public hearing on Ordinance No. 189-6 for July 17, 1996,at 7:00 p.m.
Ordinance No. 199- 6,A "n Ordinance To Amend Ordinance No. 379-5 Providing For Adjustments OfThe Annual Budget For The Fiscal Year 1996 And Revising Sums For Operating Expensesw,"as introduced and its title read by Councilmember Montgomery.
Mayor Marshall set the public hearing on Ordinance No. 199-6 for July 17, 1996,at 7:00 p.m.
Manager Plunkett stated that the Merger Commission would like to mail the conditions ofmerger to all residents and needs money to do so. He stated that the Township is legally prohibited from providing funds for the commission and asked ifCouncil would be willing to contribute the necessary funds.
Councilmember Bennett stated that he had talked to Mary Jo Long at the Board of Elections who felt that the election for a new Council concurrently would not be valid. After a discussion,Manager Plunkett stated that he would set up a meeting with Mary Jo Long,Mary Lee VanMeter,the County Prosecutor,and himself to discuss the issues. Council agreed to supply the commission with necessary funds for the mailings.
MEETING ANNOUNCEMENTS
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Council Meeting Minutes
July 3, 1996
Page 4
The Utilities Committee will meet Wednesday,July 10,1996,at 7:00 p.m.
EXECUTIVE SESSION
Councilmember Bennett moved to enter into executive session at 8: 15 p.m. Seconded
by Vice Mayor Freytag. Roll call voter Eisenberg absent,McGowan yes,Bellman absent,
Montgomery yes,Bennett yes,Freytag yes,Mayor Marshall yes. Motion carried.
Council discussed Judge Spahr's ruling in favor of the Licking County Commissioners
in the Keny annexation to Newark case,and decided there would not be an appeal to that
decision.
Council also discussed the Marathon settlement possibility and decided not to settle at
this time.
Councilmember Bennett moved to enter into regular session at 9:06 p.m. Seconded by
Vice Mayor Freytag. Motion carried.
ADJOURNMENT
Vice Mayor Freytag moved to adjourn the meeting at 9:07 p.m. Seconded by
Councilmember Montgomery. Motion carried.

Council Minutes June 19, 1996

VILLAGE OF GRANVILLE
COUNCIL MEETING MINII[ES
JUNE 19,1996
CALL TO ORDER
Mayor Marshall convened the meeting at 7:02 p.m.
ROLL CALL
Those responding to the roll call were:
Councilmember McGowan
Councilmember Bennett
Councilmember Montgomery
Mayor Marshall
Law Director Hurst
Manager Plunkett
It was noted that Councilmember Bellman,Councilmember Eisenberg and Vice
Mayor Freytag would be late.
PUBLIC HEARINGS
A public hearing was held on Ordinance No. 099- 6,A "n Ordinance To Add Section
1121.02 ( f)To The Codified Ordinances OfThe Village Of Granville."
No one appeared to speak for or against Ordinance No. 09-96. The public hearing closed at 7:03 p.m.
A public hearing was held on Ordinance No. 11-96,A "n Ordinance To Amend Section 505. 11 Of The Codified Ordinances Of The Village Of Granville." Councilmember Bellman arrived.
Jim Opeka asked what areas in the Village would be included in this ordinance.
Manager Plunkett stated that currently,there were none,the ordinance was written for the River Road area that may be annexed to the Village.
The public hearing closed at 7:03 p.m.
REVIEW AND APPROVAL OF MINUTES
Councilmember Eisenberg and Vice Mayor Freytag arrived.
The minutes ofthe regularly scheduled meeting of June 5, 1996 were presented for review. Councilmember Bennett moved to approve the minutes as amended. Seconded by Councilmember Montgomery. Motion carried.
MAYOR'S REPORT
The Mayor's Report for the month ofMay was presented for review. Mayor Marshall directed the clerk to file the report.A copy ofthat report is hereby attached as part of these minutes.
MANAGER'S REPORT
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Council Meeting Minutes
June 19, 1996
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The Manager's Report for the month of May was presented for review.
Vice Mayor Freytag moved to approve the report. Seconded by Councilmember
Bennett. Motion carried.
CITIZENS COMMENTS
Those signing the register were:
See attached list.
Blair Ross of Pearl Street stated his concern with the planned placement of a sidewalk
on the south side of his property. He stated that he had contacted several engineers in hopes to
get a statement concerning land shifting that may occur,but had had no luck. .
Councilmember Bellman stated that he had spent time talking with Mr. Ross and felt
the matter could be simplified. He stated that Mr. Ross would be satisfied with having a
narrower brick sidewalk or a sidewalk as planned,adding a small retaining wall to hold the
soil back and not create potential shifting. He stated that this was a minor request and felt
Council could accommodate Mr. Ross.
Mayor Marshall stated that Service Director Mark Zarbaugh would work with Mr.
Ross and accommodate his needs. He stated that he was sure everyone could be made happy.
COMMITTEE REPORTS
Councilmember Montgomery reported on the Planning Commission meeting of June
10. At that meeting,the commission approved a request from Northtowne Properties to split parcel of land,approved a a fence request at 332 W. Elm Street,and approved with four
conditions a brick fence,garagec/arriage house at 236 W. Elm Street. The Commission
conducted worksessions with McDonalds,Certified Oil,and George Fackler. The Commission discussed the need to establish design review standards.
Councilmember Bennett reported on the North Pearl Street Traffic Committee
meeting. The committee has put together a list of recommendations. However,because ofthe lengthy agenda it was not appropriate to discuss the report at this time. The recommendations are attached as part of these minutes.
Mayor Marshall suggested Council discuss the issue at the next Council meeting.
Vice Mayor Freytag reported on the Old Colony Burying Ground Union Cemetery Meeting. Apparently there are government funds available to replace military markers and some local residents have looked into this. Currently two stones could be replaced. He stated that the Board gave its approval to replace the stones however,he felt Council should be aware that new stones would be placed in the cemetery. He stated that the stones will be designed to look old. The Munson family has $ 3,000 to restore Jessie Munson's memorial.
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Village of Granville
Council Meeting Minutes
June 19, 1996
Page 3
They can't decide ifthey want to restore the existing stone or install a new one. He stated that
the stone wall facing Main Street is caving in and needs to be addressed.
Vice Mayor Freytag reported on the Tree & Landscape Commission meeting of June
11. The commission discussed trees in the right of way that had been cutdown. There had
been a complaint concerning the flower beds at the corner of Broadway and College Street.
Apparently,the bushes were too high and blocking the view of traffic. The bushes have been
trimmed.
Vice Mayor Freytag reported on the Street Lighting Committee meeting. The current
contract with American Electric Power expired two years ago. AEP representatives say the
committee must come up with a suitable lighting plan because the current lights can no longer
be maintained. If Granville does not have a lighting plan by the end of the year,AEP could
remove all existing street lights. He stated that this was the first time AEP had put a deadline
on the lighting plan.
OLD BUSINESS
Ordinance No. 089- 6,A "n Ordinance To Repeal Existing Chapter 1191 And Add
Chapter 1191 To The Granville Codified Ordinances To Control The Placement And Use Of
Satellite Dish Antennae And Communication Towers For Communication Distribution
Systems And Declaring An Emergency."
Vice Mayor Freytag moved to remove Ordinance No. 96-08 from the table. Seconded
by Councilmember Bennett. Motion carried. Vice Mayor Freytag then moved for adoption of Ordinance No. 08-96. Seconded by Councilmember Bennett.
Law Director Hurst reviewed the amendments made to the ordinance since its
introduction. After a discussion,Council agree to adopt the ordinance now and make amendments later to correct the minor problems.
Roll call vote: Eisenberg yes,McGowan yes,Bellman yes,Montgomery yes,Bennett
yes,Freytag yes,Mayor Marshall yes. Seven yes votes. Ordinance No. 08-96 was adopted.
Ordinance No. 099- 6. A"n Ordinance To Add Section 1121.02 f()To The Codified Ordinances OfThe Village OfGranvillew,"as reintroduced,its title read,and moved for adoption by Vice Mayor Freytag. Seconded by Councilmember Montgomery Roll call vote: Eisenberg yes,MeGowan yes,Bellman yes,Montgomery yes,Bennett yes,Freytag yes,Mayor Marshall yes. Seven yes votes. Ordinance No. 09-96 was adopted.
Ordinance No. 11-96, " An Ordinance To Amend Section 505. 11 OfThe Codified Ordinances OfThe Village OfGranvillew,"as reintroduced,its title read,and moved for adoption by Councilmember Bennett . Seconded by Vice Mayor Freytag. Councilmember Bellman indicated that he would like to hear more comments on the ordinance before he voted on it.
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Village of Granville
Council Meeting Minutes
June 19, 1996
Page 4
SA 19 , 1996
00 SlcL(g,c<(ce_S nk
a. plh't-urn- - Grv ,
410-ni + UYLUM»_
After a discussion,a roll call vote was taken: Roll call vote: Eisenberg yes,
McGowan yes,Bellman yes,Montgomery yes,Bennett yes,Freytag yes,Mayor Marshall yes.
Seven yes votes. Ordinance No. 11-96 was adopted.
Councilmember McGowan stated that he had noticed the bikepath in the area of the
mill has many safety issues that should be addressed. He stated that the gravel in that area is
rough and the stop sign at Main Street has been removed.
Mayor Marshall stated that Council is dealing with that issue and needs to get it
complete.
NEW BUSINESS
Mayor Marshall stated that because of the large concern over Ordinance No. 17-96,he
would move that item up on the agenda for consideration at this time.
Councilmember MeGowan stated that he had been asked to introduce the Ordinance
by a village resident and felt that it was his duty to do so. He stated that he is not antidevelopment,
he is for sensible development,and did not have anything to do with the
drafting of the ordinance. He stated that he felt it was his duty to introduce the ordinance for the citizens.
Mayor Marshall explained the emergency ordinance adoption procedure to the audience.
Councilmember Bellman stated that he must remove himself from the table at this
point. He urged all Village and Township residents to pull together during these difficult
times and unite as one. He stated that it was important that everyone work together and put emotions aside to come to a fair and reasonable decision for everyone.
Councilmember Eisenberg stated that he objected to the procedure taking place
tonight. He stated that he felt it to be inappropriate to gather petitions and use that format to gain attention for any matter worthy of being pursued. He stated that if legislation is
necessary,the village manager and the law director should draft it. He stated that in his years on Council,they have never dealt with legislation that did not go through that process. He stated that he found the ordinance somewhat offensive to current and previous Council, village staff,and Commissions. He stated that he feels Council is setting a dangerous precedent and he can't believe any member ofCouncil would introduce the ordinance in its current form.
Councilmember McGowan stated that the ordinance was presented to him by residents and he felt it his duty to introduce it for discussion.
Ordinance No. 179- 6.A "n Ordinance For Establishing A Six 6( )Month Moratorium On The Issuance OfCertain Building Permits,With Possible Renewal OfSix 6( )Additional Months IfNecessary,Providing For The Review OfThe Comprehensive Plan OfThe Village, MAnedGDowecalna.ring An Emergencyw,a"s introduced and read in full by Councilmember
Mayor Marshall reopened the citizens comments section ofthe meeting in order to take comment on the emergency clause of Ordinance No. 17-96.
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Council Meeting Minutes
June 19, 1996
Page 5
Mary Fellabaum stated that citizens have gathered a petition with a total of 630
signatures;367 village signatures and 263 township signatures. She presented the petition to
Council.
Mayor Marshall read the petition title.
Sara Goss Norman,an attorney from Cleveland,stated that she had drafted the
ordinance now before Council. She stated that she had drafted the ordinance after looking at
Granville's codes and charter,and was it was necessary to adopt as an emergency now
because if Council chooses not to work with the group,they will collect the necessary
signatures to make this a ballot issue in the next general election. She stated that a group of
citizens are asking Council to join them in this effort. She stated that the moratorium does not
stop growth except for a short period of time. She stated that the citizens need time to make
sure the comprehensive plan is implemented and ifyou are against the comprehensive plan,
you should vote against the moratorium. She stated that if the emergency clause does not pass,
a number of people and organizations are going to want to get development projects passed
immediately before stricter codes are enforced. She stated that the ordinance is not stopping
the current codes and commissions from operating,but is addressing specific areas of
problems and concerns. The ordinance will not affect residential buildings because Granville
has no problems with residential growth. She stated that they are ready to go forward and
urged Council to join them.
Matt Kennedy of Pinetree Drive stated that he was a township resident and soon would
be moving to the Village. He stated that he has many friends in Granville and would like to
keep it that way. He stated that the company he works for,The Jerry McClain Company,is
not involved with this issue. He stated that he has gathered a good bit of information moratoriums and is on very concerned. He stated that he believes the people who started the
moratorium were well intended but what has happened in the past concerns him. He asked if
this was truly a threat to the health,safety and welfare of the people at this point?Mr.
Kennedy read several findings and case laws to Council concerning moratoriums. He stated that ifthis takes place,he fears that the community will not be able to walk down the street and talk to their neighbors. He stated that he understood the problems facing Granville and
agrees that the problems need to be worked out,but would vote against this moratorium.
Judith Thomas of Shepard Place stated that the residents of Granville shouldn't fear
not being able to talk to one another no matter which side they fall on. She stated that she would support the moratorium because she feels the community needs breathing room to allow good public discussion on the issues.
Bob Essman ofCherry Valley Road stated that he neither opposed to supported the ordinance however,the language needs to be more precise.
Richard Salvage ofBerline Court stated that he didn't want to speak pro or con on the issue but felt the community had a right to know who this attorney from Cleveland works for. Sara Goss Norman stated that she can not tell every single person she has met with. She stated that it is a group of individuals who are putting together a non profit corporation and will be required to name a Board ofDirectors. When the Board ofDirectors have been named,it will be public information.
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June 19, 1996
Page 6
Councilmember Eisenberg asked who signed Ms. Norman's check,to which she
answered she is legally incapable of telling.
Richard Salvage asked if there was anyone in the audience who could answer
Councilmember Eisenberg's question,to which no one responded.
Carl Wilkenfeld stated that there are 600 +signatures on the petition and nobody was
hiding anything. He stated that anyone is welcome to go through the petition. He stated that
many citizens are not happy with the current development in Granville and are asking for
some breathing room.
Councilmember Bennett stated that in his opinion,it would make a great impact to
know if this was truly a citizens movement and to know who funding this. He stated that
who is providing the funds"is an important question.
Herb Murphy stated that the name that has been mentioned in the papers is the general
manager of Cherry Valley Lodge which is a hotelfrestaurant and this moratorium will stop
two motels and three restaurants from building. He stated that the Cherry Valley Lodge is in
Newark.
Patty Harklau stated that she is the general manager of Cherry Valley Lodge and
Country Hearth Inns is not competition to them.
Bob Kent of Pinehurst Drive stated that he wonders if people in the township and
village who are upset have ever stopped by Village Planner Doug Tailford's office. He stated
that ifyou talked to any developer,they would tell you that Granville is not an easy place to
develop in. He stated that he feels the current Woolpert Plan has done a good job. He stated
that he thinks Granville has a good control on growth now and if citizens have some ideas to
share they should do it,but they couldn't stop growth.
Gay Wienberg stated that she and her husband signed the petition and have attended
township and village meetings since they arrived in 1990.
Tony Delgatti stated that he is a township resident and is an attorney representing
McDonalds. He stated that he is concerned with the precedent that would be set if Council
adopts the ordinance. He stated that the ordinance is full of " windows,likelihood's,and what
ifs." He stated that he believed the ordinance violated a number of property rights and unconstih, tional. He asked Council was to seriously consider denying the ordinance.
Frank Murphy ofthe Murphy Group stated that in 1988 he had presented his plans for Erinwood and the Village was then in the process of updating its master plan. He waited until the master plan was complete to submit Erinwood's plans to the Village and since that time has lived within the rules. He stated that this would be taking time out to change the rules of the game. He stated that the Murphy Group has done everything the Village has asked for and that his land is zoned commercial for development. He stated that ifthe ordinance is passed, he feels that it will hurt the people of Granville and divide the people of Granville. LarryWills ofBob Evans Farms stated that Bob Evans currently owns the property on the southeast corner ofCherry Valley and SR 16. He stated that everyone has been talking about breathing room,but Bob Evans has been working with the Planning Commission for two years. He asked Council not to pass this ordinance.
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Council Meeting Minutes
June 19, 1996
Page 7
Tom Harvey of Burg Street asked how long it would take to develop a new
comprehensive plan to which Mayor Marshall answered two years. Mr. Harvey urged Council
to vote against this issue.
John Thaxton of SuperAmerica stated that the proposed ordinance states that a rush of
applications will come in if the village chooses to adopt the ordinance. He stated that he has
been in the process with the village now for three years. He stated that both Council and the
Planning Commission have showed great care in preserving Granville. He stated that he
personally has designed and redesigned to meet the concerns of the people. He stated that that
there were no historical buildings on the property they are trying to develop and he hoped that
Council would deny the ordinance.
Ed Vance of Thornwood Drive stated that there is a difference of opinion as to
whether the comprehensive plan is being followed or not. He stated that many people feel it is
not being followed and the residents are asking for a short period of time to examine the
issue.
Kathy Larson stated that one of the statements in the comprehensive plan is that there
be no commercial development on Cherry Valley and SR 16 and that has been one ofthe first
things to go. She stated that everyone should get out their comprehensive plans and read it and
that the ordinance is an emergency because the township feels their way of life is threatened.
Ron Cook of Cherry Valley Road stated that he owned a small real estate company and
felt that the current codes in Granville were working. He stated that if something is not broke, don't fix it.
Charles Metzger of Maplewood Drive stated that the comprehensive plan recommends
review on an bi-annual basis.
Phil Wince stated that he was a township resident and also represented George
Fackler. He stated that Mr. Fackler went to the Planning Commission six months asked what they wanted with his development. ago and He stated that Mr. Fackler has a design
Granville can be proud of and if Council were to change to rules now,that would be an outrage. He stated that the competition issue needs to be looked at and the public should know who is behind this petition drive and who is paying the bills.
George Wales,a township resident,stated that Council should look at the Master Plan closely. He stated that Granville is a wonderful town with a wonderful school system. He stated that the development in east Granville will draw people out ofthe downtown and he didn't want to live in a Westerville or Dublin. He stated that the residents are asking for six months to think about this issue.
Constance Barsky stated that if the comprehensive plan had been followed,there would be no need for these discussions. She stated that the residents are trying to do something that is in the best interest ofthe Village.
Mayor Marshall closed the Citizens Comments session.
Councilmember McGowan introduced the emergency clause ofOrdinance No. 179-6 dauned moved for its adoption. There was no second to the motion. The emergency clause failed to lack of a second.
7:00 Mayor Marshall scheduled a public hearing on Ordinance No. 179-6 for July 17,at p.m.
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Page 8
Councilmember Bellman returned to his Council seat.
Ordinance No. 129- 6,A "n Ordinance To Add Section 1159.03 e( )3()To The Codified
Ordinances OfThe Village OfGranvillew,"as introduced and its title was read by Mayor
Marshall.
Mayor Marshall scheduled the public hearing on Ordinance No. 12-96 for July 3,
1996,at 7:00 p.m.
Ordinance No. 139- 6,A "n Ordinance To Amend Ordinance No. 379-5 Providing For
Adjustments OfThe Annual Budget For The Fiscal Year 1996 And Revising Sums For
Operating Expensesw,"as introduced and its title was read by Councilmember Bennett.
Mayor Marshall scheduled the public hearing on Ordinance No. 13-96 for July 3,
1996,at 7:00 p.m.
Ordinance No. 149- 6,A "n Ordinance To Repeal Section 313.11 e( )Of The Codified
Ordinances Of The Village OfGranvillew,"as introduced and its title read by Vice Mayor
Freytag.
After a brief discussion,Manager Plunkett was directed to gather accident reports and
seek Police Chief Cartnal's opinion on the issue.
Mayor Marshall scheduled the public hearing on Ordinance No. 14-96 for July 3, 1996,at 7:00 p.m.
Ordinance No. 15-96,A "n Ordinance To Amend Section 1137.01 Of The Codified
Ordinances Of The Village OfGranvillew,a"s introduced and its title read by Councilmember Eisenberg.
Because not all members of Council will attend the July 3 Council meeting,Mayor
Marshall set the public hearing on Ordinance No. 15-96 for July 17,at 7:00 p.m.
Ordinance No. 169- 6,A "n Ordinance To Amend Section 1139.05 Of The Codified
Ordinances OfThe Village OfGranvillew,"as introduced,and its title read by Councilmember Montgomery.
Mayor Marshall set the public hearing on Ordinance No. 16-96 for July 17,at 7:00 P.m..
Council discussed the need to put together a request for proposal for design standards. Council directed Manager Plunkett and Village Planner Doug Tailford to put together a request for proposal for Council and the Planning Commission to review.
Councilmember Eisenberg stated that he will not be able to attend the June 26th meeting dealing with Bob Evans. He stated that he has always supported the Planning Commission and has always been very tough on developers. He stated that in the Bob Evans case,considering the length oftime and the response and changes made at the request ofthe
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Council Meeting Minutes
June 19, 1996
Page 9
Planning Commission,in his opinion,to ask Bob Evans to go further is not reasonable and he
did not support denying their request at this point.
MEETING ANNOUNCEMENTS
Village Council will meet on June 26 to hear Bob Evans Development Plan request.
EXECUTIVE SESSION
Councilmember Bennett moved to enter into executive session at 9:55 p.m. to discuss
pending legal matters. Seconded by Vice Mayor Freytag.
Roll call vote: Eisenberg yes,MeGowan yes,Bellman eyes,Montgomery yes,Bennett
yes,Freytag yes,Marshall yes. Seven yes votes. Motion carried.
Law Director Hurst briefed the Council on the County Commissioners denial ofthe
River Road annexation.
Councilmember Bennett moved to return to open session at 10:31 p.m. Seconded by
Councilmember Eisenberg. Motion carried.
ADJOURNMENT
Vice Mayor Freytag moved to adjourn the meeting at 10:33 p.m. Seconded by
Councilmember Montgomery. Motion carried.

Council Minutes June 5, 1996

VILLAGE OF GRANV[ LLE
COUNCIL MEEONG MINUTES
JUNE 5,1996
CALL TO ORDER
Mayor Marshall convened the meeting at 7:00 p.m.
APPOINT TEMPORARY CLERK
Councilmember Bennett moved to appoint Sheri Bogardus as temporary clerk.
Seconded by Vice Mayor Freytag. Motion carried.
ROLL CALL
Those responding to the roll call were:
Councilmember MeGowan
Councilmember Montgomery
Councilmember Bennett
Vice Mayor Freytag
Mayor Marshall
Law Director Hurst
Manager Plunkett
Vice Mayor Freytag moved to excuse absentee Councilmember Eisenberg. Seconded by Councilmember Bennett. Motion carried.
PUBLIC HEARINGS
A public hearing was held on Ordinance No. 079- 6,A "n Ordinance To Amend
Ordinance No. 379-5 Providing For Adjustments OfThe Annual Budget For The Fiscal Year 1996 And Revising Sums For Operating Expenses."
No one appeared to speak for or against Ordinance No. 7-96. The public hearing closed at 7:04 p.m.
A public hearing was held on Ordinance No. 089- 6,A "n Ordinance To Repeal Existing Chapter 1191 And Add Chapter 1191 To The Granville Codified Ordinances To Control The Placement And Use Of Satellite Dish Antennae And Communication Towers For Communication Distribution Systems And Declaring An Emergency.
Byron Engen of 19 VictoriaDr.,a licensed Ham radio operator,was very pleased with the work done on this ordinance. He hoped this could become a standard ordinance that the state could use. He stated one concern about the wording of 1191.04 a( )7 ()regarding guy wires. Rufus Hurst said he would be happy to look into that point.Another citizen, Robert Kenyon,also strongly supported this ordinance,and seconded what Byron Engen had said, Mayor Marshall closed the public hearing at 7:06 p.m.
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Council Meeting Minutes
June 5, 1996
Page 2
REVIEW AND APPROVAL OF MINUTES
The minutes of the regularly scheduled meeting of May 15 were presented for review.
Vice Mayor Freytag moved to approve the minutes as presented. Seconded by
Councilmember MeGowan. Motion carried.
CITIZENS COMMENTS
Those signing the register were:
Byron Engen
Mark Zarbaugh
Mike Showman
Ann Showman
Robert Kenyon
Robert Essman
Tom MeFadden
COMMITTEE REPORTS
At 7: 10 Councilmember Bellman arrived.
Councilmember Montgomery reported on the planning commission meeting held May 20th,
1996. At that meeting,Planning Commission approved a request at 216 S Pearl St. for Barbara
and Richard Lucier,to change an existing barn into a garage. The Strohmeyer fence Pearl St at 201 W was defeated two to one and was therefore not approved. Mr. Strohmeyer is to meet with Doug Tailford again. Mr. Contini's request to change siding and put in a window and roof over the back porch was approved. The application from the Granville Athletic Boosters for the new stadium was accepted, subject to approval ofthe Village Engineers and staff recommendations. The application for Bob Evans Farms was voted on with certain conditions spelled out and was then rejected by a roll call vote of 2 yes'es and 3 no's. Councilmember Montgomery reported too,on the work session for Super America. The Commission approved the dropo- ff boxes,vending machines,and Outdoor Product Structures requirements proposed by Planner Doug Tailford.
bCeohuenlcdilmember Bennett reported on the N Pearl St. Traffic Study Committee work session to 6/8/96.
Councilmember McGowan reported on the Granville Recreation commission. The Concerts on the Green and the summer recreation programs are going well. The seed for the Welsh Hills School soccer fields was purchased for $1090.00 by the Recreation Commission for free
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Council Meeting Minutes
June 5, 1996
Page 3
use for two years of the fields. Mayor Marshall said he'd have to look into the original
agreement Councilmember MeGowan also reported on the progress of the parking lot
improvements at Wildwood park.
OLD BUSINESS
Ordinance No. 079- 6.A "n Ordinance To Amend Ordinance No. 379-5 Providing For
Adjustments Of The Annual Budget For The Fiscal Year 1996 And Revising Sums For
Operating Expenses, was reintroduced,its title read,and moved for adoption by
Councilmember Bellman. Seconded by Councilmember Bennett
There was no discussion,so the roll call vote was taken.
Roll call vote: Eisenberg absent,McGowan yes,Bellman yes,Montgomery yes, Bennett yes,Freytag yes,Mayor Marshall yes. Ordinance No. 07-96 was adopted.
Ordinance No. 08-96,A "n Ordinance To Repeal Existing Chapter 1191 And Add
Amended Chapter 1191 To The Granville Codified Ordinances To Control The Placement
And Use Of Satellite Dish Antennae And Communication Towers For Communication
Distribution Systems And Declaring An Emergencyw,a"s reintroduced,its title read by Vice Mayor Freytag.
Councilmember Montgomery wanted Law Director Hurst to point out the changes made to this ordinance. He said it had had to be gutted and started over. The thrust ofthe changes
was to limit small dish antennas in residential areas to the extent permissible by the
Telecommunications Act of 1996 and the issue of safety and esthetics related to the large antennas free standing as apposed to those mounted on the house. There was much
discussion on the visibility to traffic and other adjacent properties.
Councilmember Bennett was concerned about the wording in 1191.05 a( )1 ()about permitted in Planned Industrial district and a conditional use in Community Service District C( SD).
The 1,000 feet in 1191.05 a( )6 (w)as questioned by Councilmember Montgomery. After much discussion,Councilmember Montgomery moved to table Ordinance No. 089-6. Seconded by Councilmember Bennett. Ordinance No. 089-6 was tabled till the June 19th meeting.
Vice Mayor Freytag moved to remove Resolution No. 963- 4,A "Resolution To State Village Policy Regarding Services To Be Provided In Territory Proposed For Annexation Upon Annexation,from the table. Seconded by Councilmember McGowan. Motion carried. Question was raised as to why this had been tabled and Mayor Marshall said that it had been too much to make a decision on at the prior meeting. Manager Plunkett stated that the
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June 5, 1996
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issue of street lights had been removed entirely and other language problems had been
cleaned up.
Vice Mayor Freytag moved to adopt Resolution No. 96-34 and asked if he had to read
the resolution in its entirety. Seconded by Councilmember McGowan. Councilmember
Bellman abstained. Motion carried. Resolution No. 96-34 was adopted.
Councilmember MeGowan made mention of the Streetlight committee meeting to be
held on Tues. at 7:00
NEW BUSINESS
Ordinance No. 099- 6,A "n Ordinance To Add Section 1121.02 f()To The Codified
Ordinances Of The Village ofGranvillew,"as introduced and its title read by Vice Mayor
Freytag.
Mayor Marshall set the public hearing on Ordinance No. 09-96 for June 19, 1996,at 7:00 p.m.
Ordinance No. 109- 6,A "n Ordinance To Amend Ordinance No. 379-5 Providing For
Adjustments Of The Annual Budget For The Fiscal Year 1996 And Revising Sums For
Operating Expenses And Declaring An Emergency."
Councilmember Montgomery moved to adopt Section 3,the emergency clause,and read that section in its entirety. Seconded by Vice Mayor Freytag.
Roll call vote: Eisenberg absent,McGowan yes,Bellman yes,Montgomery yes, Bennett yes,Freytag yes,Mayor Marshall yes,
Service Director Mark Zarbaugh explained that some ofthe streets set to be paved in 1997 could in fact be done now,and that the general fund could afford that schedule shift.
Manager Plunkett reported that tax revenues were doing better than estimated and he reported
on the money saved by eliminating the turn lanes along Newark-Granville Road. Councilmember Bennett questioned how soon after the bidding process could the job be done.
Mark said the bids could be opened in about three weeks,with work probably done in August. There was discussion about the need to only repave the worse sections ofNewark Granville Road.
Councilmember Montgomery then moved to adopt Ordinance No. 109-6. Seconded by Vice Mayor Freytag. Ordinance No. 10-96 was adopted.
Roll call vote: Eisenberg absent,McGowan yes,Bellman yes,Montgomery yes, Bennett yes,Freytag yes,Mayor Marshall yes.
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Council Meeting Minutes
June 5, 1996
Page 5
Ordinance No. 11-96,An Ordinance To Amend Section 505. 11 Of The Codified
Ordinances Of The Village OfGranvillew,"as introduced and its title read by
Councilmember Bennett
Mayor Marshall set the public hearing on Ordinance No. 11-96 for June 19,1996,at
7:00 p.m.
Resolution No. 963- 7.A "Resolution To Authorize The Village Manager To Advertise
For Bids For 1996 Milling And Paving Improvements As Per Specificationsw."as
introduced,read in full and moved for adoption by Councilmember Bellman. Seconded by
Vice Mayor Freytag.
Mayor Marshall explained that this was the counter part just discussed in Ordinance
10-96. and would allow Mark to bid the repaving.
Motion carried and Resolution No. 96-37 was adopted.
Resolution No. 963- 8,A "Resolution To Award The Bid For Spellman Street
Improvements To Layton Excavating And To Authorize The Village Manager To Enter Into
An Agreement Thereforw,"as introduced,read in full,and moved for adoption by
Councilmember Bellman. Seconded by Vice Mayor Freytag.
Much discussion ensued about Mr. Ross's concern for the sidewalk's installation
along Spellman Street to the south side of his house and that it could ruin his foundation. Mr.
Zarbaugh stated that there could be an engineers report done,if needed. Mayor Marshall
stated that such an analysis would need to be done at the home owner's expense. Councilmember Montgomery brought up the shrubs and trees that the sidewalk might take, and Councilmember Bellman noted the slope ofthe adjacent hill. Mr. Zarbaugh stated that the area needed to be excavated to accommodate the sidewalk and that the shrubs were in the
Village right ofway,and that all would be done not to disturb them. If that occurred,they would be replaced. The time frame would probably be August,because Layton's are behind due to weather. This would give time for an engineer's report if the homeowner wanted it. Councilmember Bellman wanted to amend Sec III. to take place immediately upon passage. Mayor Marshall asked ifthe sidewalk were not done was there a safety issue involved? Councilmember Bellman moved for adoption ofthe resolution. Vice Mayor Freytag seconded. Councilmember McGowan abstained. Resolution No. 96-38 was adopted.
Resolution No.963- 9,A "Resolution To Award The Bid For Installation OfA Watermain Across Property Located At 537 Jones Road To Staggers Excavating And To Authorize The Village Manager To Enter Into An Agreement Thereforw,"as introduced,read Cinofuunllcialmndemmboveerd for adoption by Councilmember Montgomery. Seconded by Bennett. 1
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Council Meeting Minutes
June 5, 1996
Page 6
Mayor Marshall stated that this is the section behind the Mansion which Mr.
Longaberger contributed to.
Motion carried; Resolution No. 96-39 was adopted.
Resolution No. 964- 0,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 MeGowan. Seconded by Councilmember Montgomery.
There was no discussion . Motion carried and Resolution No. 96-40 was adopted.
Resolution No. 964- 1A.R"esolution To Authorize The Village Manager To Enter
Into An Agreement With The Board of Granville Township Trustees For Road Maintenance,"
was introduced,read in full,and moved for adoption by Vice Mayor Freytag. Seconded by Councilmember Bennett
Manager Plunkett expressed that one of the goals ofthe annexation was to keep the area as much as possible intact. Mayor Marshall stated that proper consideration for road care needed
to be given. Motion carried. Councilmember Bellman abstained. Resolution No. 964-1 was adopted.
Ohio Department of Liquor Control Hearing Request
There was much discussion about the request for the D-5 liquor license by George Fackler.
Some expressed concern that Mr. Fackler already has a carryo-ut license. There is only one D-5 license available,based on population. This does not have to be attached to a structure, noted Law Director Hurst. Concern for what kind of structure was proposed,was voiced. It
was asked ifMr. Fackler could then sell his carryo-ut license?Vice Mayor Freytag asked if the staff has had time to review any valid reasons to oppose. Manager Plunkett said no,but could review and get back at the June 19th council meeting and still have time to meet the deadline to request hearing before the 23rd ofJune. The staff is to review the location of churches or schools nearby,and to see ifthere are any grounds not to issue. Vice Mayor Freytag wanted to review the actual application instead ofjust the hearing request.
MEETING ANNOUNCEMENTS
Councilmember Montgomery brought up the tree removal matter involving Mr. Fackler,and asked where this stood. Mark Zarbaugh stated that a certified letter had been sent,and that it had not been responded to as yet. Trees did not have to be planted,but a letter stating his response would need to be received within 10 days ofreceipt ofthe certified letter. Law Director Hurst stated that we had enforced this tree removal in the right ofway religiously. People have cut done trees before not knowing that they belonged to the Village, but then replaced them per caliper.
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Council Meeting Minutes
June 5, 1996
Page 7
Other discussion followed about when to hold the council meetings coming up to
accommodate Bob Evans and to take into consideration the July 4th festivities. It was
decided to use July 3rd as a fall back date,for a council meeting only if June 26th was not
convenient for Bob Evans and if not,to go ahead then with a regular meeting on July 3rd.
ADJOURNMENT
Vice Mayor Freytag moved to adjourn the meeting at 9:05 p.m. Seconded by
Councilmember Bennett. Motion carried.

Council Minutes May 15, 1996

VILIAGE OF GRANVILLE
COUNCILME] 31ING MINUIES
MAY 15,1996
CALL TO ORDER
Mayor Marshall convened the meeting at 7: 03 p.m.
ROLL CALL
Those responding to the roll call were:
Councilmember McGowan
Councilmember Montgomery
Councilmember Bennett
Vice Mayor Freytag
Mayor Marshall
Law Director Hurst
Manager Plunkett
Councilmember Bennett moved to excuse absentee Councilmember Eisenberg.
Seconded by Vice Mayor Freytag. Motion carried.
PUBLIC HEARINGS
A public hearing was held on Ordinance No. 5-96,A "n Ordinance To Amend Section
1305.03 Of The Codified Ordinances Of Granville,Ohio."
No one appeared to speak for or against Ordinance No. 5-96. The public hearing closed at 7:04 p.m.
A public hearing was held on Ordinance No. 6-96,A "n Ordinance To Amend
Ordinance No. 379-5 Providing For Adjustments Of The Annual Budget For The Fiscal Year 1996 And Revising Sums For Operating Expenses."
No one appeared to speak for or against Ordinance No. 6-96. The public hearing closed at 7:04 p.m.
REVIEW AND APPROVAL OF MINUTES
Councilmember Bellman arrived.
The minutes ofthe regularly scheduled meeting ofMay 1, 1996,were presented for review. Vice Mayor Freytag moved to approve the minutes as presented. Seconded by Councilmember Bennett. Motion carried.
MAYOR'S REPORT
The Mayor's Report for the month ofApril was presented for review.Mayor Marshall directed the clerk to file the report. A copy ofthat report is attached as part ofthese minutes.
MANAGER'S REPORT
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Council Meeting Minutes
May 15, 1996
Page 2
The Manager's Report for the month of April was presented for review. Vice Mayor
Freytag moved to approve the report. Seconded by Councilmember McGowan. Motion
carried.
CITIZENS COMMENTS
Those signing the register were:
Mark Zarbaugh Steve Reaves
Mary Fellabaum
Scott Rawdon Brian Miller
No questions,comments or concerns were voiced at this time.
COMMITTEE REPORTS
Councilmember Montgomery reported on the Planning Commission meeting ofMay
6, 1996. The Commission discussed a draft policy for drop off boxes and outdoor vending
machines. The policy will be discussed again on May 20. The satellite disha/ntenna policy
was presented and discussed. One commission member had questioned re-regulating the
height of antennas presently allowed. The commission approved a porch at 326 Spellman,a sign at Curtis Real Estate,a roof replacement at 214 Cherry Street,a fence at 233 East
Broadway,planter boxes at Monomoy House,and a fence on Pearl Street. The commission
also reviewed proposed lighting guidelines and held a worksession with Country Hearth Inns.
Vice Mayor Freytag reported that the Tree L&andscape Commission had met on May 14,but he had been unable to attend. Service Director Mark Zarbaugh,who had attended,
reported briefly on the meeting. He stated that the Tree L&andscape Commission had reviewed a landscaping plan for Bob Evans and for the new Athletic Field. They had also discussed village street trees being removed without authorization.
Councilmember McGowan reported on the Recreation Commission meeting. The commission will improve parking at Wildwood park. The Commission has an agreement with Welsh Hills School to use their soccer fields for two years in exchange for seeding the fields. The first Concert on the Green will be May 25.
OLD BUSINESS
Ordinance No. 5-96,A "n Ordinance To Amend Section 1305.03 OfThe Codified Ordinances OfGranville,Ohiow,"as reintroduced,its title read,and moved for adoption by Councilmember Bennett. Seconded by Vice Mayor Freytag.
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Vice Mayor Freytag questioned the section of the ordinance dealing with matching
funds in the Park Lands Reserve Fund. He stated that he was concerned because that amount
was unknown.
Manager Plunkett stated that the amount is usually $ 5,000 to $6,000 per year.
Law Director Hurst stated that there had been case law addressing an ordinance that
was similar in style and structure to Granville's ordinance. In the case law,one key factor was
to require the matching amount.
After a brief discussion,a roll call vote was taken.
Roll call vote: Eisenberg absent,McGowan yes,Bellman yes,Montgomery yes,
Bennett yes,Freytag yes,Mayor Marshall yes. Six yes votes,one member absent. Ordinance
No. 6-96 was adopted.
Ordinance No. 6-96,A "n Ordinance To Amend Ordinance No. 37-95 Providing For
Adjustments OfThe Annual Budget For The Fiscal Year 1996 And Revising Sums For
Operating Expensesw,"as reintroduced,its title read,and moved for adoption by
Councilmember Montgomery. Seconded by Councilmember Bennett.
Vice Mayor Marshall stated that the ordinance would appropriate monies to contract
with American Electric Power to read the Village's water meters from June 1 to the end of the
year.
After a brief discussion,the roll call vote was taken.
Roll call vote: Eisenberg absent,McGowan yes,Bellman yes,Montgomery yes, Bennett yes,Freytag yes,Mayor Marshall yes. Six yes votes,one member absent. Ordinance
No. 6-96 was adopted.
NEW BUSINESS
Ohio Power Street Light Presentation
Stephen Reaves of American Electric Power was present to inform Council of
Granville's current street light status. He stated that Granville's existing street light contract, adopted in 1987,and had been a five year agreement that expired in 1993. Since 1993, Granville has been on a month by month basis for street light payments. At the end of the
contract in 1993,it had been Council's pleasure to explore some options and to look at decorative lighting and relamping some areas of the Village.
Mr. Reaves showed Council a map of all street lights in the Village and stated the cost per month for each light. He explained the lighting patterns ofthe incandescent and the cobra head lights as well as the different arm lengths available to hold light fixtures. He stated that Holophane Fixtures proposed for downtown Granville could hang on American Electric Power poles. The current plan for downtown Granville consists often Holophane fixtures on steel poles. The poles could be painted by American Electric Power if necessary. Mary Fellabaum stated that she was no longer a part ofthe Granville Business & Professional Association but is a member their committee in charge of decorative downtown
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street lights. She stated that the GBPA felt the poles should be painted to match the light
fixtures for aesthetic reasons.
Mr. Reaves stated that it was his understanding that the GBPA would like receptacles
on the poles for Christmas lighting and to accommodate the Kiwanis 4th of July celebration.
He stated that in order to install the receptacles,bid specifications would have to be developed
and the electrician would have to install the outlets. He stated that the receptacles would not
be on all the time,and the Village would be billed a one time bill for the period the
receptacles were turned on. He stated that the main point to remember is the contract will be
between American Electric Power and the Village,not any other organization. He stated that
if the Village would like to attach anything to the poles like flags or wreaths,an attachment
agreement would have to be signed.
Mr. Reaves stated that the reason the GBPA's decorative Holophane street lights brought in are to this project is because it would be foolish to change the downtown street lights
now and come back in three weeks and do it again. He stated that the Village would have to
buy the decorative Holophane light fixtures and turn them over to American Electric Power
who would then install and maintain them. He stated that perhaps Council could form a committee to look at the Village's entire street light inventory and make recommendations as to what Granville should do.
Mayor Marshall stated that Village Planner Doug Tailford should be the chairman of
the committee,and Vice Mayor Freytag,Councilmember Montgomery and Councilmember McGowan should serve on the committee. He stated that two citizens should be appointed to the committee as well as a representative from the Granville BusinessP &rofessional Association.
Mayor Marshall thanked Mr. Reaves for his time and presentation.
Resolution No. 963- 1,A "Resolution To Award The Bid For Street Painting,As Per Specifications,To Griffin Pavement Striping,Inc.A, nd To Authorize The Village Manager To Enter Into An Agreementw,"as introduced,read in full,and moved for adoption by Councilmember McGowan. Seconded by Councilmember Bennett. Motion carried. Resolution No. 96-31 was adopted.
Resolution No. 963- 2, A "Resolution To Accept A Gift Of Land And To Express The Granville Community's Gratitude To Fanchion Lewisw,"as introduced,read in full,and moved for adoption by Councilmember Bennett. Seconded by Councilmember Montgomery. Motion carried. Resolution No. 96-32 was adopted.
Resolution No. 963- 3,A "Resolution To Authorize The Village Manager To Enter Into A Contract Agreement With American Electric Power For Meter Reading Services," introduced,read in full and moved for adoption by Councilmember Montgomery. was by Vice Mayor Freytag. Motion carried. Resolution Seconded No. 96-33 was adopted.
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Resolution No. 963- 4,A "Resolution To State Village Policy Regarding Services To
Be Provided In Territory Proposed For Annexation Upon Annexationw"a,s introduced,read
in full,and moved for adoption by Vice Mayor Freytag. Seconded by Councilmember
Montgomery.
Council made several amendments to Resolution No. 96-34.
Vice Mayor Freytag moved to table Resolution No. 96-34 in order to make corrections
and present the revised resolution at the June 5 meeting. Seconded by Councilmember
McGowan. Motion carried. Resolution No. 96-34 was tabled.
Ordinance No. 079- 6,A "n Ordinance To Amend Ordinance No. 379-5 Providing For
Adjustments Of The Annual Budget For The Fiscal Year 1996 And Revising Sums For
Operating Expensesw,"as introduced and its title read by Councilmember Bellman.
Mayor Marshall set the public hearing on Ordinance No. 7-96 for June 5, 1996,at 7:00
P.m.
Ordinance No. 089- 6,A "n Ordinance To Repeal Existing Chapter 1191 And Adopt
Amended Chapter 1191 To The Granville Codified Ordinances To Control The Placement And Use Of Satellite Dish Antennae And Communication Towers For Communication
Distribution Systemsw,"as introduced and its title read by Vice Mayor Freytag.
Mayor Marshall set the public hearing on Ordinance No. 089-6 for June 5, 1996,at 7:00 p.m.
Law Director Hurst stated that the ordinance is trying to protect Granville from case law that says that if one does not have legislation on the books regulating satellites,satellites
can be placed anywhere. He stated that it was his understanding a few people had been
inquiring about satellite placement now,but no application has been turned in.
Vice Mayor Freytag stated that in his opinion,the ordinance should be an emergency and passed at the next meeting.
Mayor Marshall agreed and stated that an emergency clause should be added to the ordinance.
Law Director Hurst asked for Council's reaction to an ordinance which would exempt the no hunting ordinance in any single parcel of land that exceeds 30 acres in an agricultural
sotraitnedsttithuattionnoatlhdinigstrict not within any village residential district or downtown district?He has been drafted,however,the issue has come up and could be a significant factor.
After a brief discussion,Council directed Law Director Hurst to draft an ordinance dealing with the hunting issue.
House BMiallyor Marshall asked ifCouncil would be in favor ofadopting a resolution opposing 36,the annexation bill?
adoptedVice Mayor Freytag stated that because ofthe urgency,the resolution should be tonight.
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Councilmember Montgomery moved to adopt Resolution No. 96-35,A Resolution To
Urge The Ohio Senate To Deny Adoption Of House Bill 36,The Anti-Annexation Bill
Already Adopted By The Ohio House Of Representatives. Seconded by Councilmember
Bennett. Motion carried. Resolution No. 96-35 was adopted.
Councilmember Bellman asked if Council should also express their opposition to
House Bill 533?
Council agreed.
Councilmember Bellman moved to adopt Resolution No. 96-36,A Resolution To
Urge The Ohio Senate To Deny Adoption Of House Bill 533,The"Takings"Bill,Already
Adopted By The Ohio House Of Representatives. Seconded by Vice Mayor Freytag. Motion
carried. Resolution No. 96-36 was adopted.
Law Director informed Council of the status on the Marathon Case currently in
Licking County Municipal Court.
ADJOURNMENT
Councilmember MeGowan moved to adjourn the meeting at 9:40 p.m. Seconded by Councilmember Bennett. Motion carried.

Council Minutes May 1, 1996

V[LLAGE OF GRANVILLE
COUNCIL MEETING MINU[ES
MAY 1,1996
CALL TO ORDER
Mayor Marshall convened the meeting at 7:01 p.m.
ROLL CALL
Those responding to the roll call were:
Councilmember McGowan
Councilmember Bellman
Councilmember Montgomery
Councilmember Bennett
Mayor Marshall
Law Director Hurst
Manager Plunkett
It was noted that Councilmember Eisenberg and Vice Mayor Freytag would be late.
Rick VanWinkle,representing Fanchion Lewis,stated that Ms. Lewis would like to
present a gift to the Village of Granville in the form of a transfer of real estate that has been in
her family nearly 50 years. M (s. Lewis presented the transfer of deed to Mayor Marshall.)
Mayor Marshall stated that he accepted the gift with much gratitude and the Village would make wonderful use of the property.
Ms. Lewis stated that she and her husband have been very fond of the land and of
Granville and felt it would be a good idea to leave the land undeveloped in the Village. She noted that there were specifications in the deed requiring the land be parklands or green space.
Mayor Marshall read the deed specifications to Council and again thanked Ms. Lewis for her gift.
Vice Mayor Freytag arrived.
Tree L&andscape Commission Chairman Jim Seigel presented to Council a five year Tree City USA award the Village received through the National Arbor Day Association and the Ohio Department ofNatural Resources. Granville is one of 170 selected groups to receive such designation.
Township Trustee's Union Cemetery Board Meeting
Resolution No. 962- 6,A "Resolution To Declare With The Granville Township Trustees That Operation And Maintenance OfThe Union Cemetery Under The Provisions Of Section 759.34 OfThe Ohio Revised Code Continue And That The 1996 Annual Meeting Required By Section 759.34 Has Been Conducted And To Fill A Pending Vacancy On The Union Cemetery Board OfTrusteesw,"as introduced,read in full,and moved for adoption by Councilmember Mcaowan. Seconded by Vice Mayor Freytag. Resolution No. 962-6 was duly adopted. Eric Jones was reappointed as a Union Cemetery Trustee, Granville Township Clerk Norm Kennedy stated that the Township would like to convey ownership ofits 6 acre parcel located to the east ofthe Village waste water treatment
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plant to the Village in exchange for the Village vacating Driskell Lane and deed the title to the
township for use by the cemetery. He asked that the Village also transfer four acres on the east
end of the 19 acre parcel south of the bikepath to the township and grant an easement for
access to the property.
This exchange in property would allow the village to obtain property for future
expansion of the waste water plant and allow the township to connect its cemetery properties
without having a road and fencing running between the two parcels.
Councilmember Bennett asked ifthere was any urgency in this project in light of the
merger discussions?
Mr. Kennedy stated that the township is almost out of space in the cemetery and
regardless ofthe merger outcome,they need to be moving on.
After a discussion,Mayor Marshall directed Manager Plunkett and Mr. Kennedy to
work out the details for the property switch.
PUBLIC HEARINGS
A public hearing was held on Ordinance No. 1-96.A "n Ordinance To Amend Sections
513.03 c( )2()and 513. 12 f()1()And To Repeal Section 513.9 Of The Codified Ordinances Of The Village Of Granville."
No one appeared to speak for or against Ordinance No. 1-96. The public hearing closed at 7:33 p.m.
A public hearing was held on Ordinance No. 3-96 -An Ordinance To Amend
Ordinance No. 379-5 Providing For Adjustments Of The Annual Budget For The Fiscal Year 1996 And Revising Sums For Operating Expenses.
Marla Eliopolis,representing the Erinwood Homeowners Association stated that,as a parent,she is concerned for her child's safety standing at the bus stop in the dark. She stated that the homeowners too,would love to have street lights in the area. Councilmember MeGowan stated that he had called other communities and they all stated that it was developers'responsibility to install street lights. He stated that it was his iunndsuerbsdtaivnisdiionngst.hat Ohio Power would only install street lights in main thoroughfares and not
Johnnie Valdes stated that she was under the impression that there was some sort of fund available for street lights. She stated that she is opposed to tax payer money going for street lights in subdivisions and she felt it would be setting a bad precedent. Councilmember Eisenberg stated that the Granville BusinessP &rofessional Association is raising money to install decorative street lighting in the downtown and the Council had been supporting their efforts,however,that fund is restricted to the downtown. Dorothy Garrett stated that she opposes the Village paying for street lights in subdivisions. She stated that it should be part ofthe development plan and that she felt Council would be opening a can ofworms because other subdivisions in the Village could want street lights too.
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Mary Fellabaum stated that the GBPA has been trying to raise money for the
downtown street lighting but it was a slow process because it is very expensive. She stated
that she objects to the Village paying for street lights in subdivisions.
Don Valdes stated that he would like council to consider the possible merger with the
township and the number of subdivisions that may want the same deal with street lights. He
stated that Council could be setting a bad precedent.
Mark Shulman stated that he felt the lighting is beneficial to the population at large
because of the pedestrian aspect. He stated that he didn't feel a precedent was being set unless
the development was suitable for pedestrian traffic. He stated that when he walks at night he
is glad there are street lights and he feels that the residents at the eastern part of the Village
should have the same opportunity to walk on a lighted path.
Frank Murphy stated that he had thought ofwithdrawing his proposal because he
didn't mean for it to be controversial. He stated that he would like to install six street lights in
Erinwood which is about one light per ten acres. He stated that he is not required to install the
street lights he just thought it might be nice to have them for safety reasons. Councilmember Bellman stated that he had received a letter from Ann Oakes
regarding street lights. He passed the letter on to Council.
The public hearing closed at 7:48 p.m.
A public hearing was held on Ordinance No. 4-96,A "n Ordinance To Amend
Ordinance No. 37-95 Providing For Adjustments Of The Annual Budget For The Fiscal Year
1996 And Revising Sums For Operating Expenses."
No one appeared to speak for or against Ordinance No. 4-96. The public hearing closed at 7:48 p.m.
REVIEW AND APPROVAL OF MINUTES
The minutes ofthe regularly scheduled meeting of April 17, 1996,were presented for review. Councilmember Bennett moved to approve the minutes as presented. Seconded by Councilmember Bellman. Motion carried.
CITIZENS COMMENTS
Those signing the register were:
Doug Tailford
James Siegel
Dorothy Garrett
Mark Shulman
Don Valdes
Lyle King
Eric Jones
Joe Hickman
Norm Kennedy
John Burriss
Brain Miller
Scott Rawdon
Hal &Marian Jackson
Flo Hoffman
Jhonnie Valdes
Frank Brauner
Frank Murphy
Marla Eliopolis
Mary Fellabalm
Hal Jackson,owner ofVictoria's Parlour,stated that he had been asked by the Granville Business and Professional Association to address the problem oftrash on the north
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side of the 100 block of Broadway. He stated that the overflow of the garbage cans on the
weekends is increasing. He stated that one can observe litter on that side ofthe street all the
time. He stated that on Sunday afternoon nearly all the trash cans are overflowing and in front
of Taylor's and Brews,there is litter all over the sidewalks. He stated that the business owners
feel this is an embarrassment to Granville and is degrading. He stated that the Village is
responsible for trash collection and the problem needs to be addressed.
Service Director Mark Zarbaugh stated that the trash in the downtown is picked up
Monday,Wednesday and Friday. He stated that in the summer,especially on weekends,there
is a problem. He stated that one of the seasonal workers could be scheduled to work on
weekends emptying trash but it would be at overtime pay. He stated that the Village has in the
past supplied trash bags to the merchants so the merchants could change weekends. the bags on
After a discussion,Manager Plunkett was directed to find a suitable solution to the trash problems.
Mark Shulman stated that he would like to thank and commend Bob Kent for planting
trees in Bryn Du Woods. He stated that he would also like to thank Ms. Lewis for her
generous gift to the Village tonight.
COMMITTEE REPORTS
Councilmember Eisenberg reported on the Utilities Committee meeting. The
Committee met at the Bryn Du Woods Lift Station to discuss placement of the stand by
emergency generator.He stated that the surrounding neighbors attended and he had been somewhat surprised to hear that they were opposed to the placement of the generator. He stated that a number of alternatives had been discussed and that the committee needs to meet again to come up with a recommendation for Council.
Councilmember Montgomery reported on the April 8 Planning Commission meeting. The commission approved a fence at 317 Broadway,approved a fence at 343 College,and approved access from Milner Road for property that is in the Highlands at Erinwood. A worksession had also been held with Bob Evans Farms and a draft policy for drop off boxes was proposed.
Councilmember Montgomery reported on the April 22 Planning Commission meting. At that meeting,the commission approved a fence at 225 Elm Street,and approved additions MatcPDeoanrlaaldnds.West Elm Streets. A work session was held with Country Hearth Inn and
OLD BUSINESS
Ordinance No. 1-96,A "n Ordinance To Amend Sections 513.03 c( )2()and 513.12 f)1()And To Repeal Section 513.9 OfThe Codified Ordinances OfThe Village Of
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Granvillew,"as reintroduced,and moved for adoption by Vice Mayor Freytag. Seconded by
Councilmember McGowan
Roll call vote: Eisenberg yes,McGowan yes,Belltman yes,Montgomery yes,Bennett
yes,Freytag Yes,Mayor Marshall yes. Seven yes votes. Ordinance No. 1-96 was adopted.
Ordinance No. 3-96.A "n Ordinance To Amend Ordinance No. 37-95 Providing For
Adjustments Of The Annual Budget For The Fiscal Year 1996 And Revising Sums For
Operating Expensesw"a,s reintroduced,title read,and moved for adoption by
Councilmember Eisenberg. Seconded by Councilmember Bennett.
Councilmember McGowan stated that he had contacted other communities who had
said it was the developers responsibility to install the street lights. He stated that 60 of the 80
lots in Erinwood are not sold yet and it would be easier to pass the cost of the street lights on
to the future residents than to have current residents pay for the lighting. He stated that if the
township wants street lights,the residents must pay for the cost of installing the light and must
pay the electric bill. He stated that he was concerned with the safety but was equally
concerned with the precedent that could be set.
Councilmember Bellman asked ifthe Village had the money to install the street lights in all subdivisions where street lights may be wanted?
After a discussion,a roll call vote was taken: Freytag no, Bennett yes,Montgomery
no,Bellman no, McGowan no, Eisenberg no, Mayor Marshall no. Six no votes,one yes vote. Ordinance No. 3-96 was defeated.
Ordinance No. 4-96.A "n Ordinance To Amend Ordinance No. 379-5 Providing For Adjustments OfThe Annual Budget For The Fiscal Year 1996 And Revising Sums For Operating Expensesw,"as reintroduced,and moved for adoption by Councilmember
Eisenberg. Seconded by Councilmember MeGowan.
Roll call vote: Eisenberg yes,McGowan yes,Bellman yes,Montgomery yes,Bennett
yes,Freytag yes,Marshall yes. Seven yes votes. Ordinance No. 4-96 was adopted.
Traffic Improvement Proiects Presentation
Service Director Mark Zarbaugh informed Council of road and storm sewer projects that have been performed over the last five years. He stated that all the improvements have been funded out ofthe General Fund and the Village has spent approximately7 $78,000. Mr. Zarbaugh informed Council ofthe projects scheduled for 1996 as well as what needs to be done in 1997. He stated that he had surveyed all roads in the Village and that East Elm Street from the Pearl Street dead end,East Elm from Main to Pearl Street,New Burg from North Pearl to the western corporation limit,East College from North Main to Sunrise Street, Thresher Street,from College to Burg,and Thresher from Broadway to West College,East Broadway from Granger to College Point,and East Broadway from Granger to Pearl Street would need repairs in 1997.
Councilmember MeGowan asked ifthe Village had an estimate ofthe cost to install brick crosswalks in the downtown?He stated that he had heard ofa new,cheaper way to install brick crosswalks and the Village may want to look into that.
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Councilmember McGowan expressed concern about the sidewalk proposed with the
Spellman Street Improvements.
Mr. Zarbaugh stated that no trees would have to be removed to install the sidewalk on
Spellman Street. He stated that the Village staff believes the sidewalk to be an important
connection,and that after the bids are opened,a preconstruction meeting with the residents
will be held. After the preconstruction meeting,Council can determine if the sidewalks should
be installed.
Village Planner Doug Tailford advised Council of major road projects throughout
Licking County likely to affect Granville. He stated that the Cherry Valley/ Thornwood Drive
study is now in the public hearing stage,but the project is a long way down the line because
of financing. Mr. Tailford informed Council of the following projects: SR 161 bypass to New
Albany,SR 79 bypass of Hebron,I-70/ Mink Road Feasibility Study,SR 16 widening to four
lanes to Dresden,I-70 and SR 37 ramp improvements,SR 161 improvements,SR 661 bypass
of Granville,US 62 bypass of Johnstown,SR 310 bypass of Pataskala,widening if I-70 to 6
lanes from Franklin County to the Muskingum County line,Newark/ Heath Airport Parkway
extension connector,SR 16/River Road Interchange study,SR 16 widening from Pataskala Granville, to and the Commuter Railroad from downtown Newark to Dresden and eventually to Columbus.
Mr. Tailford stated that he had presented Council with a plan for the widening of
Cherry Valley Road several months ago. He stated that under his proposal,the Village would
pay 58%of the cost for that project. He stated that Cherry Valley Road will need
improvements with or without development.
Mr. Tailford presented a plan to relocated Westgate Drive to help improve traffic on Cherry Valley Road. He proposed relocating the road through the Dishon property,the
Lavender property,and the Roberts property,to connect to South Galway Drive. The present intersection ofWestgate Drive would be closed off or allow right in only. He stated that the right in only would not impact traffic on Cherry Valley Road. He stated that relocating Westgate Drive would allow the road to be 500 foot from the intersection of SR 16 and would help the Wendys traffic. He stated the some of the lots acquired for the project could be sold offto help recoup the cost of installing the new road.
Vice Mayor Freytag expressed concern with the relocation ofWestgate Drive. He stated that the project would only benefit developers and he didn't see the justification. He stated that the project would be taking from the residents to benefit people who dont' live in Granville. He stated that until someone convinces him that the school district and the Village would benefit,he would not vote for such a project.
NEW BUSINESS
Ordinance No. 5-96,A "n Ordinance To Amend Section 1305.03 OfThe Codified Ordinances OfGranville,Ohiow,"as introduced and its title read by Councilmember Bennett Mayor Marshall set the public hearing on Ordinance No. 5-96 for May 15,at 7:00 p.m.
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Ordinance No. 6-96A.n"Ordinance To Amend Ordinance No. 379-5 Providing For
Adjustments Of The Annual Budget For The Fiscal Year 1996 And Revising Sums For
Operating Expensesw,"as introduced and its title read by Councilmember Montgomery.
Mayor Marshall set the public hearing on Ordinance No. 6-96 for May 15, 1996,at
7:00 p.m.
Resolution No. 962- 7,A "Resolution To Authorize The Village Manager To Enter
Into A Lease Agreement With Denison University For A Pathway To Be Constructed
Between Chapin Place And New Burg Streetw,"as introduced,read in full,and moved for
adoption by Councilmember MeGowan. Seconded by Councilmember Eisenberg.
Manager Plunkett stated that Dension University is hesitant to give permanent
easements,so this was a five year agreement. The lease would allow the pathway portion on Chapin Place to finish the New Burg pathway connector.
Resolution No. 96-27 was duly adopted.
Resolution No. 962- 8,A "Resolution To Award The Bid For The Maple Street
Sanitary Sewer Rehabilitation Project,Contract 1, as per Specifications,To L.E. King &Son
Excavating,Inc.,And To Authorize The Village Manager To Enter Into An Agreement
Thereforew,a"s introduced,read in full,and moved for adoption by Councilmember
Eisenberg. Seconded by Councilmember McGowan. Motion carried. Resolution No. 96-28
was duly adopted.
Resolution No. 962- 9,A "Resolution To Award The Bid For The Maple Street
Sanitary Sewer Rehabilitation Project,Contract 2,As Per Specification,To Environmental
Pipeliners,And To Authorize The Village Manager To Enter Into An Agreement Therefore,"
was introduced,read in full,and moved for adoption by Councilmember Bennett. Seconded by Vice Mayor Freytag. Motion carried. Resolution No. 96-29 was duly adopted.
Resolution No. 963- 0,A "Resolution To Authorize The Village Manager To Enter Into Agreements With Wanda L. Carter For The Provision Of Legal Servicesw,"as introduced,read in full,and moved for adoption by Councilmember McGowan. Seconded by Vice Mayor Freytag. Motion carried. Resolution No. 96-30 was adopted.
Vice Mayor Freytag stated that Council had received a memo from Dorothy Garrett concerning House Bill 533. He stated that he is opposed to the Bill,and ifthe rest ofthe Council feels the same way,a letter should be written to the Senators. Councilmember Bellman will get a copy of House Bill 533 for the Council.
Councilmember Bellman stated that he would like to commend Manager Plunkett on a wonderful job. He stated that the property received tonight from Ms. Lewis was a wonderful gift and Mr. Plunkett had helped in that.
GranvilCleo.uncilmember Montgomery added that Ms. Lewis had been a high school teacher in
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Councilmember Bennett stated that Ms. Lewis has contributed to the community for
many years and he felt that a resolution of appreciation was in order for all she has done for
Granville.
MEETING ANNOUNCEMENTS
The Council Facility Tour is May 4,1996,at 9:00 am.
ADJOURNMENT
Vice Mayor Freytag moved to adjourn the meeting at 10: 12 p.m. Seconded by
Councilmember Eisenberg. Motion carried.

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