Granville Community Calendar

Council Minutes December 17, 1997

VILLAGE OF GRANVILLE
COUNCIL MEETING MINUTES
December 17,1997
CALL TO ORDER
Mayor Bellman convened the meeting at 7:32p.m.
ROLL CALL
Those responding to the roll call were:
Councilmember Lucier
Councilmember Robertson
Councilmember Wernet
Councilmember Rader
PUBLIC HEARING
Councilmember Freytag
Mayor Bellman
Law Director Hurst
Manager Hickman
A public hearing was held on Ordinance No. 229- 7,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, 1998.
No one appeared to speak for or against Ordinance No. 22-97. Mayor Bellman closed the public hearing at 7:34p.m.
REVIEW AND APPROVAL OF MINUTES
The minutes of the regularly scheduled meeting of December 3, 1997 were presented for review. Councilmember Wernet moved to approve the minutes. Second by Councilmembor Lucier. Motion carried.
MAYOR'S REPORT
The Mayor's Report for the month ofNovember was presented for review.
of theseMmaiynourteBse. llman directed the clerk to file the report. A copy ofthat report is attached as pdrt
Councilmember McGowan arrived.
MANAGER'S REPORT
The Manager's Report for the month ofNovember was presented for review.
Councilmember Rader moved to accept the Managers' Report. Councilmember Lucier second. Motion carried. A copy ofsaid report is attached as part ofthese minutes.
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Village of Granville
Council Meeting Minutes
December 17, 1997
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CITIZENS COMMENTS
Those signing the register were:
See attached list.
At this time the agenda was taken out of order for consideration of Resolutions No. 97-46
thru 97-48.
Resolution No. 974- 6,A "Resolution Of Appreciation To Maxine Montgomeryw",as introduced, and read in full by Councilmember Wernet. Motion second by Councilmember McGowan.
Councilmember Wernet commended Ms. Montgomery for her dedication to the
Comprehensive Plan issues. Councilmember Robertson expressed the same for her dedication to the Planning Commission stating that she was a fine member.
Motion carried. Resolution No. 97-46 was adopted.
Resolution No. 974- 8,A " Resolution Of Appreciation To Arnold Eisenberg"w,as introduced, and read in full by Councilmember Freytag. Motion second by Councilmember MeGowan. Motion carried. Resolution No. 97-48 was adopted.
Mayor Bellman noted that any individual,especially one having spent as much time as Mr. Eisenberg has serving as CouncilmembeMr/ayor, should be recognized considering how much time is required of this position.
Resolution No. 974- 7,A "Resolution Of Appreciation To Pete Marshallw",as introduced, and read in full by Councilmember Rader. Motion second by Councilmember McGowan.
Police Chief Cartnal presented Mr. Marshall with a plague of appreciation for his dedicated service to Mayors Court and his support of the Village Clerk of Courts and Police Department.
Motion carried. Resolution No. 97-47 was adopted.
At this time Mayor Bellman opened the floor for Citizens Comments.
Mary Fellabaum of 310 E. Elm St.,expressed her wish that the Granville Police Department become more familiar with its citizens. She noted after seeing officers on roller blades and bicycles in other communities,she would like to see a more community oriented Police Department in Granville and would like Council to review such ideas. Councilmember Freytag noted that Chief Cartnal brought up the issue of bicycle patrol during budget review. Mr. Freytag re-iterated Mr. Cartnal's point that in most cases only two
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Village of Granville
Council Meeting Minutes
December 17, 1997
Page 3
officers are on patrol. He added that an officer on bike patrol would unlikely be able to effectively
come to the aid of another officer on car patrol.
Ms. Fellabaum then noted that she had spoken to the Chief of Police in Grove City who
requires officers to spend two hours doing p"eople stuff"which is scheduled on their own time during an eight hour shift.
COMMITTEE REPORTS
Councilmember Rader reported that the S.R. 157 project is approaching sooner than originally thought. State Route 157 is the Rt. 79 corridor through Heath from 70 to S.R. 16. He noted that the Licking County Planning Commission would like to give a presentation to Council in late January or early February.
Councilmember Robertson noted that an advantage to S.R. 157 would be the accessibility
t1o6.Licking Memorial hospital, and modifications to the Cherry Valley Road intersection of S.R.
AWork Session was scheduled for January 14,1998 at 7:00pm in Council Chambers with the Licking County Planning Commission for presentation and discussion of the S.R. 157 projE:. 1.
OLD BUSINESS
First Presbyterian Church
Bill Acklin,Development Committee Chairman, noted that he had submitted a letter to Council summarizing work that had been done to date on this project. He stated that church representatives have met with the Planning Commission and with the BZBA on the issues of variances. Mr. Acklin showed drawings of the proposed project. He noted that one of the key positions of the church was to maintain the integrity of the church structure. He feels they have designed an attractive addition. He noted one issue which. needs Council's approval is the location of this addition which rests in the public square. He noted that the Presbyterian Church was the first church built in the 1800's. He pointed out that in the early 60's the Methodist Church did something similar. At that time this was considered to be an exchange of use of land. He noted that the church wishes are to do whatever needs to be done to assure that Mr. Seith and Ms. Prentice will continue to have access to their homes. He stated that the First Presbyterian needs;1)the approval to build;2)the rer-outing and designation of Locust Street as a true street west ofthe Church and north ofthe Christian Education Building;and 3)a request for building in the right ofway. Mr. Acklin stated the church had originally hoped to complete this project by the end of this year. He has since realized there is a lot to do to prepare for such an approval. He requested a response from Council by the middle of January as he would like to report on this project during the annual meeting ofthe congregation on the 25th.
It was noted that this topic would be on the agenda January 7th ,1998 for discussion by Council.
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Village of Granville
Council Meeting Minutes
December 17, 1997
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Country Health
Sara Goss Norman, an attorney representing Carl Wilkenfeld, noted that in September,
1996,Mr. Wilkenfeld intended to have the Village Council consider additional information related
to motel developments which he wished to be considered before a conditional use permit whould
be granted the Concepts In Lodging, Country Hearth motel. She noted that Mr. Wilkenfeld's
standing in this request became the issue. She then noted that after Council voted not to consider
the appeal of Mr. Wilkenfeld, he then filed an appeal with the Licking County Common Pleas
Court. She noted that the Common Pleas Court determined that this Council had the right to decide if someone was able to bring such conditions before it. She stated that Mr. Wilkenfeld
then filed an appeal with the Court ofAppeals whose decision was the same as the Common Pleas
Court. She stated that Concepts in Lodging has been essentially a non-player. She stated that
Concepts in Lodging has not paid fees to the Village,or returned phone calls to either herself the media. She stated that Concepts in or Lodging made no claim to the bond Mr. Wilkenfeld filed
in the appellant court. She then examined the role that the Village Law Director played in this
issue. She stated that the Law Director was the person that initiated the question of standing of
Mr. Wilkenfeld. She stated that the difficulty she and Mr. Wilkenfeld had in accepting this was that he was the only person to contest on a continual basis. She stated that her position is to let
Council know that they have the ability to decide the outcome of this case and that no court has
jurisdiction over this case. She then stated that if Council did not take action on this issue tonight,
an appeal will be filed at the Supreme Court level tomorrow.
Mark Weaver of 217 Wicklow Drive in the Village Green stated he disagrees with the conclusion that Council is unable to reconsider this decision. He stated that under the rules of ?
and the Political Question Doctrine,Council has the ability to reconsider or rescind the action of the previous Council which would allow Mr. Wilkenfeld his right to be heard. He noted that as most citizens don't have the time to attend Council meetings,their message is sent on election day
as they are counting on Council to make decisions for the Village. He asked Council to remember that the people sent a message during the last election and he hoped Council would reconsider this case.
Carl Wilkenfeld handed out two versions of resolutions for Council's consideration. He stated that the citizens have never had the chance to talk about what this type of development amsepaonssstioblteh.em. He stated that they have been shut out. He feels something needs done as quickly
means Council can bring a decision back to the table at any time and is a legal basis for reopening
Ms. Norman stated the <C'ouncil Rules"are governed by Roberts Rule of Order which
this case. She stated that Concepts in Lodging does not have any vested rights or interest in this apgroapinesrtty. They have engaged in no contracts or purchases that would entitle them to come back the Village if it rescinded in this decision.
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Council Meeting Minutes
December 17, 1997
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Councilmember Freytag asked Ms. Norman for case citations showing Council's legal
authority to reconsider a decision of this nature.
Mayor Bellman stated that if Council were to withdraw its earlier decision,at this point it
would appear to be a clear case of being arbitrary and capricious.
Ms. Norman said she felt that would depend on the manner in which this action would be
phrased.
Councilmember Freytag would like to determine whether we have the right to reconsider.
He stated he was unwilling to take any action tonight and although he agreed with the goal, he
questioned the means.
Following a brief discussion,Council decided they would like to make a decision tonight
and chose to revisit this issue later in the meeting.
At this time Council chose to consider Resolution No. 97-45:
New Business)
Resolution No. 974- 5,A "Resolution Of The Council Of The Village Of Granville,Ohio
Consenting To The Sale And Assignment Of Assets,including The Cable Television Franchise,
From CoxCom,Inc. To FrontierVision Operating Partners, L.P."w,as introduced and read by Councilmember Rader. Motion second by Councilmember McGowan.
Councilmember Rader again noted that FrontierVision, although a highly leveraged
purchasen (ot unusual in this type of industryc)a,me highly recommended,and are experts in their field.
A discussion continued as to the idea of adding a section to this resolution referencing a letter from William J. Mahon, Jr,VP of Operations for FrontierVision partners committing to providing the highest level of customer service, satisfaction and variety to the Village of Granville. A motion was made by Councilmember Wernet. Seconded by Councilmember McGowan.
Councilmember Freytag stated he will not vote for this resolution. Following his review of the operating documents,and services,he noted the operating loss and short term perspective. He feels this is not in the Village's best interest. He feels a majority of the credit used to buy these interests appear to be short term. He stated this is a bad deal.
resolutiCono.uncilmember Robertson inquired as to the consequences of turning down this
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Council Meeting Minutes
December 17, 1997
Page 6
Law Director Hurst stated that a Councilmember's concern as to the finances of the
acquiring entity,or a view as to the prudence of the business arrangements, is a legitimate basis
for turning down the resolution. He then notified Council that his understanding of this issue is
that the consent cannot be unreasonably withheld noting there is an obligation for FrontierVision
to report the results of communities decisions to the FCC. The FCC then reviews whether such a
result would have any consequence at all. He noted that the FCC has no obligation to investigate
the reason.
Ms. Judy Pierce,VP-CoxCom,noted that the financials reflect 1996 figures and expects
1997 financials to improve. She noted that all other consents have been obtained with the
exception of Granville. She added that should this Council vote against this resolution and the
FCC continues to uphold it,CoxCom will most likely retain ownership of whatever cannot be
transferred.
Roll call vote: McGowan no,Lucier no,Robertson no,Wernet no,Rader yes,Freytag Bellman no, yes. Five no votes,two yes votes. Resolution No. 97-45 was defeated.
Council took a three minute break.
Old Business)
Ordinance No. 22-97.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, 1998,was reintroduced,its title read by Councilmember Freytag. Motion second by Vice Mayor McGowan.
Vice Mayor MeGowan made a motion to amend Ordinance No. 22-97 to include the cost of electricity for Christmas Tree Lighting in the Village 3(1 trees and 1 big tree in the Broadway median area)M. otion second by Councilmember Wernet. Six ayes,1 nay F(reytag)M. otion carried.
Councilmember Robertson brought up the issue of car cameras for the Police Department. PMoalnicaeger Hickman noted one camera is appropriated in the Law Education Fund and one in the Fund.
Mayor Bellman stated he was still in favor of only one camera which would come from the Education Fund. Vice Mayor MeGowan and Councilmember Lucier agreed with Mayor Bellman.
Councilmember Robertson,Wernet,Rader,and Freytag were in favor of leaving the Ordinance as is with two cameras appropriated.
Manager Hickman noted that 5$00 would be added to the 230 Utilities account for the funding of Christmas Tree lights.
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Village of Granville
Council Meeting Minutes
December 17, 1997
Page 7
Roll Call Vote: McGowan yes,Lucier yes,Robertson yes,Wernet yes,Rader yes,Freytag
yes,Bellman yes. Seven yes votes. Ordinance No. 22-97 is adopted.
Resolution No. 974- 9,A "Resolution To Amend Pay Classifications And Salary Rates For
The Several Departments Of The Village Of Granville"w,as introduced and read in full by
Councilmember Wernet. Motion seconded by Councilmember Freytag. Motion carried.
Resolution No. 97-49 was adopted.
Resolution No. 975- 0,A "Resolution To Adopt The Findings Of Fact In The Appeal Of
Granville IGA", was introduced and read in full by Mayor Bellman. Motion seconded by
Councilmember Rader. Six ayes, 1 nay F( reytag).Motion carried. Resolution No. 97-50 was adopted.
Ordinance No. 23-97.A "n Ordinance To Establish The Granville Village Acting Manager's Salary For 1998, and Declaring An Emergency"w,as introduced, its title and
emergency section read by Councilmember McGowan. Motion seconded by Councilmember Freytag.
Roll call vote on the emergency clause: McGo¥Gan yes,Lucier yes,Robertson yes,Wernet
yes,Rader yes,Freytag yes,Bellman yes. Seven yes votes. Emergency Clause is adopted.
Roll call vote on Ordinance No. 23-97: McGowan yes,Lucier yes,Robertson yes,Wernet
yes,Rader yes,Freytag yes,Bellman yes. Seven yes votes. Ordinance No. 23-97 is adopted
Country Hearth c(ontinued)
Donna Childers of 451 N. Granger St. stated she was please with the new Council assembly. She asked Council to take a look at the Country Hearth situation. She feels the last election reflected Council being responsive to the citizens of Granville. She gave emphasis that the citizens should be allowed to speak.
Constance Barsky of 221 E. Elm St. stated her concern that issues related to standing were not correctly conveyed to the courts. She also asked Council to review the minutes from the meeting ofthe actual hearing before issuing any building permits. She noted that Council has the responsibility of the health and welfare to the community and feels Council has the ability to revoke or resend the Country Hearth decision. She also stated her long term concern about the impact of S.R. 157 and the liability of this building to the community. She recommend Council take a position to some citizens concerns by revoking the present situation and write a letter to Country Hearth requesting a response by the next council meeting. She stated there is precedence for this Council to reverse the Country Hearth decision.
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Council Meeting Minutes
December 17, 1997
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Mark Weaver stated his fear that this Council may have problems with this corporate
citizen in the future as their responsiveness has not been apparent thus far. He stated that the
citizens on the eastern edge of this village have a very strong feeling that Council does not care
about that area.
Carl Wilkenfeld asked Council what one has to do to be treated fairly and not manipulated,
and to have the right thing done for the community. He asked what he could do to help each
Councilmember get across this c"hasm".
Councilmember Robertson feels we have had a massive silencing of citizens,and should
figure out a way the appeal can be heard on the conditional use decision of Country Hearth. She
stated she feels Mr. Wilkenfeld did have standing and that standing should not have been an issue
in the courts decision.
Councilmember Freytag explained that we were a party to that lawsuit. He noted that the
Common Pleas and Court of Appeals have said that Mr. Wilkenfeld does not have standing. He
stated that if we turn it around and say he does have standing, the court could issue an order
against us. We would be disobeying the court.
Following a discussion on the idea of hearing this appeal,Council discussed the possibility
of reconsidering this appeal on their own notion as a justifiable reliance. It was noted this would need to be researched.
After a lengthy discussion,the decision was made to direct the Law Director to review the
justifiable reliance issues as it would apply to this case.
Vice Mayor McGowan introduced Resolution No. 97-51 and read language to this
resolution with regard to the issue of Council directing the Law Director to prepare a written list of legal options that would help Council determine a course of action consistent with the sense of Council resolution. Motion second by Councilmember Lucier.
Councilmember Wernet proposed an amendment to Resolution No. 975- 1's title to readA " Resolution To Direct The Law Director To Investigate And Develop Options"M. otion second by Councilmember Robertson.
Roll call vote: McGowan yes,Lucier yes,Robertson yes,Wernet yes,Rader no,Freytag no,Bellman no. Four yes votes,three no. Resolution No. 97-51 is adopted.
Committee Assignments
PlanninMg ayor Bellman appointed Councilmember Wernet as Council Representation to the Commission.
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December 17, 1997
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Mayor Bellman noted that for the time being,he and Councilmember Wernet will remain
on the Green Space Committee. Phasing out will take place in the near future and Lisa Minklei
and Barbara Martin will replace them.
Fanchion Lewis
Mayor Bellman suggested Maxine Montgomery be asked to get involved in the sign
committee for Fanchion Lewis Park.
Bob Kent
Law Director Hurst noted he had gone as far as he can go with this issue and it is now up
to Council to make a decision. Mayor Bellman asked anyone interested in this issue to review for
a possible discussion at the next meeting.
Ms. Innis
Councilmember Robertson noted that Ms. Innis of North Pearl Street is having trouble
backing from her driveway since the intersection changes at the corner of Granger and College
Streets. Manager Hickman and Mayor Bellman will walk over to investigate this issue.
Constance Barsky -Bob Evans
Councilmember Robertson commented on the letter from Constance Barsky with regard proposing to a work session with Bob Evans. Ms. Robertson recommended that a representative
from the Planning Commission be involved in this meeting. She stated a concern that the site plan
passed by the Planning Commission and the site plan presented during the hearing are not the
same. Ms. Robertson volunteered to be involved in these meetings.
ADJOURNMENT
Councilmember Rader made a motion to adjourn the meeting at 11:03p.m. Motion second by Vice Mayor McGowan. Motion carried.

Council Minutes December 3, 1997

VILLAGE OF GRANVILLE
COUNCIL MEETING MINUTES
December 3, 1997
CALL TO ORDER
Vice Mayor Freytag convened the meeting at 7:32pm.
OATH OF OFFICE (Four Newly Elected Members)
Vice Mayor Freytag administered the oath of office to newly elected Councilmembers
Barbara Lucier, Ben Rader, Lyn Robertson, and Bill Wernet.
ROLL CALL
Those responding to the roll call were:
Councilmember Lucier
Councilmember McGowan
Councilmember Wernet
Councilmember Rader
Councilmember Bellman
Councilmember Robertson
Vice Mayor Freytag
Law Director Hurst
Manager Hickman
APPOINTMENT OF CLERK OF COUNCIL -OATH OF OFFICE
Councilmember Rader moved to re-appoint Beverly Adzic as Clerk of Council for two a year term. Seconded by Councilmember Wernet. Motion carried.
Vice Mayor Freytag administered the oath of office to Ms. Adzic as Clerk of Council.
ELECTION OF MAYOR -OATH OF OFFICE
Councilmember Bellman nominated Vice Mayor Freytag to which Mr. Freytag deferred nomination.
Councilmember Wernet nominated Councilmember Bellman.
Vice Mayor Freytag nominated Councilmember McGowan.
Councilmember Rader moved to close the nominations for Mayor. Motion second by Vice Mayor Freytag. Motion carried.
Ballot results: four votes -Dan Bellman, three votes -Matt McGowan. Dan Bellman was elected Mayor.
Vice Mayor Freytag administered the oath of office to Mr. Bellman.
ELECTION OF VICE MAYOR -OATH OF OFFICE
Councilmember Lucier nominated Councilmember McGowan for Vice Mayor. Vice Mayor Freytag nominated Councilmember Rader.
Mayor Bellman nominated Councilmember Wemet.
secondCouncilmember Rader moved to close the nominations for Vice Mayor. Motion by Vice Mayor Freytag.
Village of Granville
Council Meeting Minutes
December 3, 1997
Page 2
Ballot results: four votes -Matt McGowan, two votes -Bill Wernet, one vote -Ben
Rader. Matt McGowan was elected Vice Mayor.
Mayor Bellman administered the oath of office to Mr. McGowan.
PUBLIC HEARINGS
A public hearing was held on Ordinance No. 21-97, " An Ordinance To Amend
Ordinance No. 42-96 Providing For Adjustments Of The Annual Budget For The Fiscal Year
1997 And Revising Sums For Operating Expenses".
No one appeared to speak for or against Ordinance No. 21-97. Mayor Bellman
closed the public hearing at 7:43p.m.
REVIEW AND APPROVAL OF MINUTES
The minutes of the regularly scheduled meeting of November 19, 1997, were
presented for review. Councilmember Rader moved to approve the minutes as amended.
Councilmember Freytag seconded. Motion carried.
CITIZENS COMMENTS
Those signing the register were:
See Attached List.
Roger Asmus of 210 Bryn Du Drive stated he feels the position of Councilmember is
not only non-paying but thankless as well. He expressed his appreciation to the past and
present Councils adding that he felt the conduct of the outgoing Council was commendable. He then gave "good luck"wishes to newly elected officials of Council.
Carl Wilkenfeld of 317 W. Elm Street gave a handout to Council in Country support of the this issueH.earth issue. He stated that he would like to hear discussion by Council tonight on
Jim Jump of 143 Thresher Street stated he was glad to see many familiar faces at the council table. He wished them all well and thanked them for taking on this challenge.
COMMITTEE REPORTS
Vice Mayor McGowan reported that the Recreation Commission is finishing its fall program. He noted that winter programs will be introduced in the next two weeks with several new programs scheduled. He stated that the restroom project at Wildwood Park is at a standstill because of weather, hopefully to resume in early spring.
Cherry Mayor Bellman noted that the Streets and Sidewalks committee needs to finalize the Valley Road project.
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Council Meeting Minutes
December 3, 1997
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Manager Hickman stated that Service Director Mark Zarbaugh and Planner Reza
Reyazi should have a first draft for consideration in a month or so. He noted that Jerry
Brehms of the Licking County Planning Commission would like to meet with Council in
January to talk about different traffic issues related to the Cherry Valley Road area.
There was a discussion of Council Committee assignments. It was suggested that
Councilmembers submit notes of interest to the Mayor or Manager for consideration of
appointment to these committees. This will be revisited after the first of the year.
OLD BUSINESS
Ordinance No. 21-97, "An Ordinance To Amend Ordinance No. 42-96 Providing For
Adjustments Of The Annual Budget For The Fiscal Year 1997 And Revising Sums For
Operating Expenses", was reintroduced, its title read and moved for adoption by
Councilmember Freytag. Motion second by Councilmember Rader.
Roll Call Vote: Lucier yes, McGowan yes, Robertson yes, Wemet yes, Rader Freytag yes, yes, Bellman yes. Seven yes votes. Ordinance No. 21-97 is adopted.
NEW BUSINESS
Resolution No. 97-44, " A Resolution To Award The Bid For The Purchase Of Water
And Sewage Treatment Chemicals",was introduced and read in full by Councilmember
Freytag. Motion second by Vice Mayor McGowan. Motion Carried. Resolution No. 97-44
was adopted.
Ordinance No. 229- 7, 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, 1998"w, as reintroduced, its title read by Councilmember Freytag. Mayor Bellman set the Public Hearing on Ordinance No. 22-97 for December 17, 1997.
Following a brief explanation by the Manager on adjustments to the budget ordinance, Councilmember Freytag suggested Council come to a conclusion over the controversial matter of a cost of living increase for 1998.
Mayor Bellman once again advocated a bonus system and would like Council to consider incorporating such a system into this budget.
The cost of living index was discussed. It was noted that the index reflected several different percentages based on different time frames throughout the previous year. Mayor Bellman recommended a 2%cost of living increase for village employees in conjunction with the creation of a bonus plan.
Councilmember Rader suggested the cost of living figure be based according the same time frame each year.
by prevCioouusncilmember Freytag noted that the idea of a bonus plan was discussed in length Council and rejected.
would cAondsisidceurssion ensued with regard to a bonus system. It was agreed that Council this in future discussions.
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Council Meeting Minutes
December 3, 1997
Page 4
Councilmember Lucier noted a concern with the current pay scale and step "skip"
increases.
Manager Hickman noted the Personnel Policy allows the Manager a one time skip
option wherein an employee may be increased an extra step in accordance with job
performance.
It was noted that a step "skip"increase also serves as an opportunity to bring an
employee to within a competitive marketable value for their position.
Vice Mayor McGowan would like to see a review of the step increase scale due to
dramatic changes in the cost of living since the format was created eight years ago. He
suggested possibly taking a closer look at each position and it's value is to this community.
It was decided that these topics would be assigned to the Personnel Committee for
further review and discussion.
Councilmember Wernet made a motion to amend the ordinance as currently drafted
to reflect a2%cost of living adjustment. Motion second by Vice Mayor McGowan.
Councilmember Freytag opposed the2%increase stating it was lower than index
averages of last year. He feels this is not adequate.
Councilmember Robertson agreed with Councilmember Freytag. She noted the
dedication by village staff throughout the changes of 1997. She feels employees should be
rewarded by raises that accrue and not a bonus system which does not.
With regard to a bonus plan, Manager Hickman stated that all village staff work
together as a team. He feels a bonus should apply to everybody as each department is good as as the other. He is concerned that morale may be affected by rewarding some and not others.
Following a discussion, it was decided that the Personnel Committee will take an
active review of the Personnel Policy, step increase procedures, and the procedure for setting the cost of living.
At this time Councilmember Wemet modified his motion to reflect a cost of living increase of 2.25%for 1998. Motion carried.
WORK SESSION
A work session was scheduled for Monday, December 8, 7:00 -9:00pm in Council chambers, for the purpose of discussing budget issues.
COX CABLE
Councilmember Rader noted his research on the financials for FrontierVision found the company to be highly leveraged. He noted that having spoken to several people about FrontierVision, the company appeared to be very reputable.
Law Director Hurst noted that Cox Communications is obligated to inform and attempt to secure the Village's consent. He added that the consummation of this business transaction is scheduled for December 19, 1997. He then noted the previous agreement
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Council Meeting Minutes
December 3, 1997
Page 5
states that the Village cannot unreasonably withhold consent. He stated that should the
village decide not to grant consent it will need to include statement of refusal to consent.
It was suggested that Councilmember Rader, Freytag and Law Director Hurst review
and advise Council of its recommendation.
GREEN SPACE COMMITTEE
Mayor Bellman asked Council to give some thought to the appointment of a Green
Space Committee.
COUNCIL CHAMBERS
Mayor Bellman suggested that council chambers be re-evaluated for possible
changes to the seating arrangements.
IGA APPEAL DECISION FINDINGS
Mayor Bellman offered to draft the findings and conclusions for the IGA appeal
decision handed down by Council during the November 19h meeting.
EXECUTIVE SESSION
Councilmember Rader made a motion to move to Executive Session to discuss the
disposition of municipal property, and Country Hearth litigation. Motion second by Councilmember Wemet.
It was decided by Council that the Country Hearth issue was not a subject for
fEuxrtehceurtive Session and therefore will instead be included on the December 17th agenda for discussion.
It was requested that the Law Director respond to the issues raised by Mr. Wilkenfeld.
A motion was made to delete Country Hearth contemplation of litigation from the motion for Executive Session. Motion carried.
Roll Call: Lucier yes, McGowan yes, Robertson yes, Wemet yes, Rader yes, Freytag yes, Bellman yes. Motion carried.
A three-minute recess was observed.
Time in 9:24pm.
Roll Call: Lucier yes, McGowan yes, Robertson yes, Wemet yes, Rader yes, Freytag yes, Bellman yes. Motion camed.
Time out 9:54pm.
Village of Granville
Council Meeting Minutes
December 3, 1997
Page 6
ADJOURNMENT
Councilmember Freytag moved to adjourn the meeting at 9:56p.m. Councilmember
Robertson seconded. Motion carried.

Council Minutes November 19, 1997

VILLAGE OF GRANVILLE
COUNCIL MEETING MINUTES
November 19,1997
CALL TO ORDER
Mayor Marshall convened the meeting at 7:3Op.m.
ROLL CALL
Those responding to the roll call were:
Councilmember Eisenberg
Councilmember MeGowan
Councilmember Bellman
Councilmember Montgomery
Councilmember Rader
PUBLIC HEARING
Vice Mayor Freytag
Mayor Marshall
Law Director Hurst
Manager Hickman
A public hearing was held on Ordinance No. 20-97.A "n Ordinance To Revise The Codified Ordinances By Adopting Current Replacement Pages"
No one appeared to speak for or against Ordinance No. 209-7. Mayor Marshall clos, :d the public hearing at 7:3 lp.m.
A public hearing was held on the 1998 Municipal Budget. Mayor Marshall deferrel the public comment on the budget until this issue is addressed by Council during neN, business.
REVIEW AND APPROVAL OF MINUTES
The minutes of the regularly scheduled meeting of November 5, 1997 were presented for review. Councilmember Eisenberg moved to approve the minutes as amended. Secordd: by Councilmember Rader. Motion carried.
MAYOR'S REPORT
The Mayor's Report for the month of October was presented for review.
Mayor Marshall directed the clerk to file the report. A copy of that report is atta'Ae 1 as part of these minutes.
MANAGER'S REPORT
The Manager's Report for the month of October was presented for revierv.
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Council Meeting Minutes
November 19, 1997
Page 2
Councilmember Rader moved to accept the Manager's Report. Councilmember
McGowan seconded. Motion carried. A copy of said report is attached as part of these
minutes.
CITIZENS COMMENTS
Those signing the register were:
See attached list.
COMMITTEE REPORTS
Councilmember Montgomery reported that at the Planning Commission meeting of November 10, 1997,the following was decided: Mr. Fackler's zoning certificate application
was tabled;applications were approved for 213 N. Granger St.,326 N. Granger St.,325 VT. Broadway; application for the Village Brewing conditions, Company was tabled; approved, with a zoning certificate application for three dormitories at Denison University;and scheduled a work session with Mr. Fackler concerning Fackler Country Gardens. The next regularly scheduled meeting is November 248,1997
Vice Mayor Freytag reported that the Tree &Landscape Commission met November 11, 1997. He noted items of interest as related to the accomplishments of the year included the planting of 64 new trees throughout the Village. He also noted that the Tree L&andscape Commission desire an additional 2$,000 in 1998 for improvements to Opera House Park.
Vice Mayor Freytag also reported that the Cemetery Board met on November 1'-.' He noted that from the 9$1,000 made available to the board by the trustees,6 $0,278 has been spent in restoration efforts. He also noted that this is the second year the Granville Foundation has made a grant of 3$,000 for landscaping to the cemetery. He stated the b02rd discussed the availability of a future entrance to the cemetery if landscape work is done along the south side where the main entrance is now located. Mr. Freytag noted that there are 206 more stones which need extensive repair adding that over 500 stones have already been repaired. He feels there should be a point of diminishing returns and that some of these funds should be retained for future cemetery repair.
OLD BUSINESS
IGA Appeal Decision
required Mayor Marshall noted in accordance with prevailing ordinances, Council is to reach a decision on the Granville IGA Appeal tonight.
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Council Meeting Minutes
November 19, 1997
Page 3
Councilmember Rader stated that he had met with Mr. Ross to discuss a compromise
with the idea that if the approval was given to repair the sign,IGA would agree to bring the
sign into compliance at the time of future road repair to South Main Street. Mr. Rader said he
received a call from Attorney Art Morrow noting that a compromise situation was not
acceptable by the IGA.
Law Director Hurst stated that this sign is non-conforming and noted that the
ordinance allows the sign to exist as long as it is not voluntarily changed or revised. He
stated that the IGA can keep that which they have in"definitelyu"nder the current scheme of
things. If the IGA wishes to change that which is non-conforming, he noted that the
ordinances say that in absence of a variance, one must come into conformity.
Councilmember Bellman feels if this is g"randfatheredt"h,ere is no need to get intc tne
variance issue. However,if it is not g"randfatheredt"h,e decision is whether or not to grant a variance of this degree.
Law Director Hurst feels that the term g"randfathering"is not necessarily the correct terminology. He noted that this sign is non-conforming and does not derive meaning from the
term g"randfathered"H.e stated that if this variance is granted,it stays forever unless there, is a request to change it again.
Councilmember Eisenberg stated that no matter what you call it, this is no.1- conforming by the standards of the codified ordinance sign codes. He stated that the idea with regard to the entrances of the village)is to keep things as attractive as possible. He considers this sign not attractive and would like to see all the signs at the entrances of ti.e village brought into compliance with the codified ordinance sign code. He will vote o' uphold the decision of the Planning Commission.
Councilmember McGowan stated he did not have a strong opinion one way or the other, but appreciated Mr. Eisenberg's comments. He would like to see future legislation reflect mandatory compliance.
Councilmember Montgomery feels that because it is a multiple business sign,it could end up with a big hole in it ifthe sign variance is not granted. She feels Council should allow IGA to make the sign changes.
Vice Mayor Freytag stated that he agreed with the statement of Councilmemb#: 1 Eisenberg. He also stated that although he feels the sign is not attractive,according r 1189.04 k( ),an exception is made for the repair and repainting of to Section existing design is reproduced. He feels the designs provided the names ofbusinesses but to regulate the visuaplurpose of a sign ordinance is not to regulate the the language ofthe sign could impact of a sign. He questioned how changii,g materials. He feels IGA affect the visual impact,when using the same colors,and same has met the meaning of Section 1149 k( ).
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Council Meeting Minutes
November 19, 1997
Page 4
Mayor Marshall stated that IGA had the choice to do nothing, and the sign will only
get worse. He feels the sign will be more attractive if approval is given to replace the sign.
He stated that the Village has thrashed this " small"matter around in an embarrassing way, and he feels Mr.Ross'request is reasonable.
Councilmember Bellman feels that this is not the same design and does not see the
similarity at all. He noted 1189.02 ( d)which says the sign design includes all elements,
including,but not limited to, size,material, graphics, color and lighting. He stated he could
meet on middle ground with the understanding that this sign would be put in compliance
when the South Main Street project is complete. He is willing to look at accommodations
which would be good for the Village and IGA.
Vice Mayor Freytag made a motion to reverse the decision of the Planning
Commission's rejection of a sign variance approval for IGA,under the condition that all blue
coloring be removed from the replacement proposal,and that the second sign,which is owned solely by the IGA,be removed completely. Councilmember Montgomery seconded.
Roll call vote: Eisenberg no,McGowan no,Bellman no,Montgomery yes,Rader no, Freytag yes,Marshall yes. Four no votes,three yes votes. Motion failed.
Ordinance No. 209- 7,A "n Ordinance To Revise The Codified Ordinances By Adopting Current Replacement Pagesw",as reintroduced,its title read and moved for adoption by Councilmember Rader. Seconded by Vice Mayor Freytag.
Roll Call Vote: Eisenberg yes,McGowan yes,Bellman yes,Montgomery yes,Rader yes,Freytag yes,Marshall yes. Seven yes votes. Ordinance No. 20-97 is adopted.
NEW BUSINESS
Cox Communications
Cox Communications Vice President and General Manager Judith Pierce spoke to Council requesting the approval of a resolution which would give consent from the village to the sale and assignment of assets from CoxCom Inc.t,o FrontierVision and Frontier Operating Partners,L.P. She noted that FrontierVision is a new company which was formed in 1995 by seasoned veterans with the concept of acquiring cable systems. She feels it will be oa fbenefit to the community,customers,and employees they serve. She noted the target date the sale to be December 19, 1997.
Councilmember Rader asked what the incentive might be to the Village of Granville.
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Council Meeting Minutes
November 19, 1997
Page 5
Ms. Pierce stated that service would continue as it had in the past,adding there is no !
incentive to continue or not to continue.
Vice Mayor Freytag stated he would like to see a list of locations that FrontierVision
is currently operating in.
Councilmember Bellman asked if FrontierVision was committed to sign an agreement
in terms of the existing programming and asked if the local fees and service will stay the
same.
Ms. Pierce noted this is not something Council will need to decide as programming is
a business decision which follows the FCC formula for price setting.
Law Director Hurst noted a concern with a section in the proposed resolution which
states the Village has done an investigation into FrontierVision's background and found them
to be a suitable assignee. He suggested Council remove this s"ectionb"efore passing this resolution.
Ms. Pierce stated that legal counsel for FrontierVision and Cox Cable drafted this
document,and added that this section can be removed or revised to suggest that the village has no objection to the assignment of assets.
Council decided more information was needed before the introduction of this
resolution. Representatives from FrontierVision will be in attendance for the December 3 council meeting.
Ordinance No. 21-97.A "n Ordinance To Amend Ordinance No. 429-6 Providing t'Adjustments Of The Annual Budget For The Fiscal Year 1997 And or Operating Expenses", Revising Sums FOI Mayor Marshall was introduced and its title read by Councilmember Montgomeiy. 7:30pm. set the Public Hearing for Ordinance No. 21-97 for December 3, 1997, at
Resolution No. 974- 3, T"o Award The Contract For Towing And Storage Of Impounded Motor Vehicles"w,as introduced, and read in full by Councilmember Bellman. Seconded by Councilmember McGowan.
It was noted that this resolution was not put out to bid. Councilmember Rader voiced aascsuornectehren foeefsciftoizretnoswibngeingh "ooked".He stated that Council should make every effort ·to are reasonable.
Law Director Hurst explained that upon putting this award to bid the last two years, the result has been thatM&P Towing has offered the best services. He noted that at any point ofdissatisfaction,a provision in the contract allows cancellation within 30 days.
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Council Meeting Minutes
November 19, 1997
Page 6
It was requested that that the contract be attached as " Exhibit A"to this resolution.
Motion Carried. Resolution No. 97-43 was adopted.
Councilmembers Eisenberg MontgomeryM &ayor Marshall
Noting that this would be the last meeting for Councilmembers Eisenberg,
Montgomery and Mayor Marshall,Vice Mayor Freytag stated that his experience with these
three councilmembers has been very favorable. He also stated that he considered all of them
his friends. He noted that by being diligent and faithful to their trust,they have contributed
greatly to what Granville is today, and gave his admiration to their efforts. He stated, on behalf of the community, that he wished to thank each one for what seems like a thankless
job. He added that they are good members of this Council.
Mayor Marshall requested a 5 minute break before continuing the 1998 Municipal Budget discussion.
1998 Municipal Budget
Vice Mayor Freytag suggested reviewing the Manager's budget memo. Manager Hickman noted this memo reflected the highlights of the 1998 budget operation,maintenance, and capital improvements agenda.
South Main Street -Manager Hickman noted that Issue 2 (1998)applications 131e' been submitted with the Village's contribution being approximately 1$50,000. Mayor Marshall noted that the money had to be budgeted as a condition before any grant approval. Councilmember Bellman requested Service Director Mark Zarbaugh give a presentation to Council prior to beginning these improvements. Councilmember Rader suggested an assessment to the property owners for the Villages contribution to the improvements in that
Iasrseuae. 2LparwojDecirte.ctor Hurst will look into the feasibility of assessments in combination with an
Cherry Valley Road Construction -It was agreed by Council that the money budgeted for this project should be added to the Road Reserve Fund.
Following a lengthy discussion, it was noted that the review of funding for projects should be done in summer months instead of during time of budget approval.
A budget ordinance will be presented to Council for introduction at the December rd meeting. j
Village of Granville
Council Meeting Minutes
November 19, 1997
Page 7
Council discussed the cost of living increase for village staff members. More research
will be done to calculate an agreeable cost of living rate. Council will discuss this issue at the
December 3rd meeting.
ADJOURNMENT
Councilmember Rader made a motion to adjourn the meeting at 10:32p.m. Mayor Marshall seconded. Motion carried.

Council Minutes November 5, 1997

VILLAGE OF GRANVILLE
COUNCIL MEETING MINUTES
November 5, 1997
CALL TO ORDER
Mayor Marshall convened the meeting at 7:31 pm.
ROLL CALL
Those responding to the roll call were:
Councilmember McGowan
Councilmember Bellman
Councilmember Montgomery
Councilmember Rader
Vice Mayor Freytag
Mayor Marshall
Law Director Hurst
Manager Hickman
Vice Mayor Freytag moved to excuse Councilmember Eisenberg. Seconded by Councilmember Rader.
REVIEW AND APPROVAL OF MINUTES
The minutes of the regularly scheduled meeting of October 17, 1997, presented for review. Councilmember were Rader moved to approve the minutes as amended. Councilmember Montgomery seconded. Motion carried.
CITIZENS COMMENTS
Those signing the register were:
See Attached List.
Lyn Robertson stated she would be representing the Planning Commission during the IGA sign appeal on the agenda this evening. She offered to answer any questions during the appeal.
COMMITTEE REPORTS
Mayor Marshall, having attended the last Planning Commission meeting in place of Councilmember Montgomery, reported there had been two work sessions with George Fackler concerning the proposed business on the west side of Cherry Valley Road and tentative plans for improving the nursery property on the east side of Cherry Valley Road.
will Law Director Hurst stated he had reviewed this issue with the Village Planner who report back to the Planning Commission.
The next Planning Commission meeting is scheduled for November 1th.
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Council Meeting Minutes
November 5, 1997
Page 2
OLD BUSINESS
IGA Appeal Hearing
Law Director Hurst referred to Chapter 1137 of the Codified Ordinances noting that
all procedures relative to the appeal have been complete. He reminded that appeals are
open to the public but are not public hearings. He then advised that Council will render its
decision no later than the regularly scheduled meeting following this appeal hearing. He
then requested all exhibits of Counsel be identified as part of the record.
This hearing is being transcribed by Court Reporter Marilyn Houck. Ms. Houck
swore in witness Greg Ross of Ross IGA.
Arthur Morrow, attorney for Greg Ross, noted the concern stated prior to this hearing
by Councilmember Bellman as to a conflict of interest on behalf of the law firm of Morrow
and Erhart. He read into the record speaking to this issue. He noted that although his firm
had represented the village on development issues in the past, they were not related to this
matter. He stated his firm had no knowledge from past representation which would have
any bearing on the outcome of this appeal. He noted no such relationship adversely which would affect a decision on this appeal.
Following a discussion between Councilmember Bellman and Law Director Hurst with regard to clarification of limitations of conflict, Vice Mayor Freytag stated he felt no concern for a conflict in this case and requested the appeal continue.
Mr. Morrow noted that the Granville IGA had changed its name from Ross' Food Market. He noted that Granville IGA wishes to change this wording on their sign. He noted there would be no change in size or color scheme. He feels that the interpretation of the Ohio Zoning Code by the Granville Planning Commission has been misapplied. He stated the guidelines set forth in Section 1137 deal with variances as a whole. He cited two Ohio Supreme Court Cases, Kisil vs. Sandusky, 1984,and Duncan vs. Middlefield, 1986 which
accounts for the differences of use variances and area variances. He noted that the IGA was in existence at the time of its annexation into the Village, and it was at that time that it became subject to the Granville Zoning Ordinances, and as this sign was larger than permitted it becoming a nonc-onforming sign. He noted that at the time of the annexation of IGA into the village, there were no provisions that would require a business to get permission from the Planning Commission to merely change the words on the sign if the size was not being altered. He then noted that in 1994 the sign ordinance was changed psuebosptleantially. He noted that Mr. Ross feels the sign is there to attract new students and new to the area.
businesCso. uncilmember Bellman asked what percentage of business is repeat vs. new
Mr. Ross stated there had not been a study done to determine that.
Village of Granville
Council Meeting Minutes
November 5, 1997
Page 3
Councilmember Bellman stated the Village has certain standards it is striving for. He
feels this sign change does not meet that standard.
Law Director Hurst requested that Councilmembers hold their questions until the
appellant is finished with presentation.
Mr. Morrow questioned whether it was the intent of the zoning to include such things
has minor as changing words on a sign. He questioned if that ordinance intended to
prevent a business from changing its name. He noted that at the same meeting on September 8 with which the Planning Commission denied the variance request of IGA, the
Planning Commission granted two sign variances to other non-conforming applicants. Mr.
Morrow gave to Council a rationale for variance request decisions hand out that were also
considered on September 8 before the Planning Commission .
In closing, Mr. Morrow stated that the actions of the Granville Planning Commission,
as it relates to denial of a variance for Granville IGA, was arbitrary, capricious and bore reasonable relationship no to the Villages police power and is therefore unlawful. He stated that these actions are discriminatory as evidenced by the decisions of the two other sign variances. He noted the Granville Planning Commission's claim that granting the variance would provide a special privilege to the Granville IGA and could establish a precedent to other businesses. He stated this is not a proper basis for denial.
Vice Mayor Freytag asked if the proposed sign was the same size, if the material
was the same, and if the colors were the same as the existing sign.
Mr. Morrow confirmed that it was.
Mr. Morrow noted that IGA owns a "marquis"sign located just to the north of the sign in question, which they would be willing to eliminate in exchange for this variance approval.
Councilmember Bellman noted a possibility of the sign being removed during construction to that area of South Main Street.
Manager Hickman noted the sign would probably come down during construction, however he is unaware of the need to remove the sign permanently after completion.
Councilmember Bellman asked about the possibility of replacing the sign, making it in compliance with current code upon completion of the South Main Street construction.
Mr. Morrow again noted that this sign is multiply owned and he is unable to speak for the other owners as to when this sign will be brought back to compliance.
Councilmember Rader noted that this ordinance was not meant to punish. He feels the sign looks very good and this is a reasonable request.
Vice Mayor Freytag read Section 1189.04 of the Codified Ordinances which says repair and repainting of signs is permitted providing the existing sign design is reproduced.
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Council Meeting Minutes
November 5, 1997
Page 4
Councilmember Montgomery asked Council to picture what this sign might look like if
a variance is not granted, considering that there will be an empty "hole"where the current
IGA sign is located on this multiple use pole. She also noted there is no provision in the
zoning code for multiple sign use. She feels the Village should consider this change to the
code at some point.
Vice Mayor Freytag noted that although he is not endorsing this sign, he feels an
obligation to follow the code as this sign is a reproduction of the original sign.
Council will render its decision on this appeal at the next Council meeting.
NEW BUSINESS
Ordinance No. 20-97, "An Ordinance To Revise The Codified Ordinances By
Adopting Current Replacement Pages, was introduced, its title read by Councilmember
Rader. Mayor Marshall set the 1997. public hearing on Ordinance No. 209-7 for November 19,
Resolution No. 97-38, A Resolution To Authorize The Village Manager To Advertise For Bids For The Purchase Of Water And Sewage Treatment Chemicals, was introduced and read in full by Councilmember McGowan. Seconded by Councilmember Montgomery. Motion Carried. Resolution No. 97-38 was adopted.
Resolution No. 97-39, "A Resolution To Enter Into An Easement and Maintenance Agreement With The Thomas J. Evans Foundation, was introduced and read in full by Councilmember Montgomery. Seconded by Councilmember McGowan.
Councilmember Rader asked the Manager if there would be a financial burden to the taxpayers at any time in the future.
Manager Hickman noted the obligation of the Village with arrangements with Granville Mill and Abes Body Shop for participation in the maintenance in their areas. Also an agreement has been made with the township to share in the expenses. He noted that the critical part of this agreement is obtaining a storm sewer easement.
Roll Call Vote: McGowan yes, Bellman yes, Montgomery yes, Rader yes, Freytag yes, Marshall yes. Six yes votes. Resolution No. 97-39 was adopted.
Resolution No. 974- 0, A" Resolution To Allow The Manager To Enter Into Negotiations With The Township Trustees For The Exchange Of Property Adjacent To The SWeacsotnedweadter Treatment Plant, was introduced and read in full by Councilmember Bellman. by Councilmember McGowan.
Township Trustee Jim Havens noted he would be working with Rob Drake on the Pprreopsaercautitoonr. of this agreement which would then be reviewed and approved by the County
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Council Meeting Minutes
November 5, 1997
Page 5
Motion Carried. Resolution No. 97-40 was adopted.
Resolution No. 97-41, "A Resolution To Award The Proposals For Deposit Of Public
Funds, was introduced and read in full by Councilmember Rader. Seconded by Vice Mayor
Freytag. Motion Carried. Resolution No. 97-41 was adopted.
Resolution No. 97-42, "A Resolution To Establish The Time And Place Of A Public
Hearing For The 1998 Municipal Budget As Proposed By The Village Manager, was
introduced and read in full by Vice Mayor Freytag. Seconded by Councilmember Rade,
Motion Carried. Resolution No. 97-40 was adopted.
Cox Cable Ordinance -
Vice Mayor Freytag requested more information about Frontier Vision before Council
considers this ordinance.
Mayor Matshall and Councilmember Montgomery
Township Trustee Jim Havens, speaking for the township residents, expressed appreciation to Mayor Marshall and Councilmember Montgomery for all the cooperation given to the township during their time on Council.
ADJOURNMENT
Councilmember Rader moved to adjourn Freytag the meeting at 9:12p.m. Vice M or seconded. Motion carried.

Council Minutes October 15, 1997

VILLAGE OF GRANVILLE
COUNCIL MEETING MINUTES
October 15,1997
CALL TO ORDER
Mayor Marshall convened the meeting at 7:33p.m.
ROLL CALL
Those responding to the roll call were:
Councilmember Eisenberg
Councilmember MeGowan
Councilmember Bellman
Councilmember Montgomery
Councilmember Rader
PUBLIC HEARING
Vice Mayor Freytag
Mayor Marshall
Law Director Hurst
Manager Hickman
A public hearing was held on Ordinance No. 199- 7,A "n Ordinance To Amend Ordinance
No. 429-6 Providing For Adjustments OfThe Annual Budget For The Fiscal Year 1997 And Revising Sums For Operating Expenses".
No one appeared to speak for or against Ordinance No. 199-7. Mayor Marshall closed the public hearing at 7:34p.m.
REVIEW AND APPROVAL OF MINUTES
The minutes of the regularly scheduled meeting of October 1, 1997 were presented for review. Councilmember Rader moved to approve the minutes as amended. Seconded by Vice Mayor Freytag. Motion carried.
MAYOR'S REPORT
The Mayor's Report for the month of September was presented for review.
Councilmember Rader questioned the reason for a large number ofopen container citations during the month of September.
Mayor Marshall noted the citations were the result of two very large Denison related parties,adding that the offenses occurred on public property.
part of tMheasyeomr Minautressh.all directed the clerk to file the report. A copy of that report is attached as
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Council Meeting Minutes
October 15, 1997
Page 2
MANAGER'S REPORT
The Manager's Report for the month of September was presented for review.
Councilmember Rader inquired as to the number of new housing permits compared to last
year and if the income tax increase was around the same as it was last year.
Village Manager Hickman noted the income tax increase was slightly higher than last but will need year to verify with the Planner,the number of housing permits compared to last year.
Councilmember Eisenberg moved to accept the Manager's Report. Councilmember Rader
seconded. Motion carried. A copy of said report is attached as part ofthese minutes.
CITIZENS COMMENTS
Those signing the register were:
See attached list.
Jim Jump of 143 Thresher Street, stated tonight he is here representing the referendum petitioners and has just filed a motion to intervene in Common Pleas Court,with reference to both of the referendum cases. As he expects to win this case in conjunction with the Licking County Board of Elections,he believes it will not hurt his case if Council should decide to appeal. He feels that for the integrity of this process,Council should appeal the Fifth District Court decision that this process was an administrative act and not of a legislative nature.
Donna Childers of 451 N. Granger Street, a Political Scientist whose specialty is in survey techniques,commented to Council about the recent results from the Bob Evans survey. She felt obligated to emphasize that the survey results were not valid by any scientific methods. She feels this survey was a public relations ploy in an attempt to influence the citizens of Granville in favor of Bob Evans. Unlike good research methods,the techniques used for these results were not described and the survey report does not give details of the questions asked. She reiterated some of the questions from the survey and then noted the questionable influence of a positive response to Bob Evans. In her opinion this survey does not reflect what the people of Granville want. She feels this survey is highly questionable and its intent was to influence voters.
Lyn Robertson of 342 N. Granger Street also spoke of the Bob Evans survey. She noted that the survey results failed to report the response rate and how many people may have declined to respond. She added that she is aware of at least ten people who did not respond to the survey, The report also doesnt' say whether any analysis was done to determine whether the demographics ofthe sample were the same as the demographics of the population. She feels it is impossible to determine a generalized statistic without this information. She also doubted whether all respondents were asked the same questions. She feels the questions were worded to set up answers. She feels the survey report from Bob Evans was bogus.
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Village of Granville
Council Meeting Minutes
October 15, 1997
Page 3
Tim Klinger of 218 E. Elm Street noted a light has been removed from the alley between
the Library and Robbins Hunter Museum. He requested that the light be replaced in the alley as
this is a more of a walkway than just an alley.
Councilmember Rader asked Ms. Childers if,in her opinion,the Comprehensive Review
Plan survey was scientific or non-scientific.
Ms. Childers stated the Comprehensive Plan survey did not make her feel offended and
noted no bias,therefore she did not question the scientific value of that survey.
COMMITTEE REPORTS
Councilmember Montgomery reported the Planning Commission's next meeting will be
Monday,October 20th - planned 7:30pm. She noted that the opening of the Fanchion Lewis Park was still for Saturday,October 25th at 9:00am.
Councilmember Bellman inquired about the tree removarle/ planting process noting a tree in his neighborhood had not been replaced. He was advised to talk to Tree and Landscape Chairman,Jim Siegel.
Councilmember MeGowan reported that the Recreation Committee has funded the digging of trenches and tile drainage at the baseball field. He also noted that construction has begun on the Wildwood Park restroom project.
Councilmember Bellman noted that the Streets &Sidewalks Committee had met this evening before the Council meeting. He noted there may be a need for the assistance of a traffic engineer to further evaluate this project.
WildwoCooduPnacirlkm. ember Rader inquired as to the responsibility ofmaintenance for the restrooms at
Councilmember McGowan noted this had not been decided as such details are still in the development process.
OLD BUSINESS
AdjuostmOerndiisnaOnfcTehNeo. 199- 7,A "n Ordinance To Amend Ordinance No. 429-6 Providing For Expenses", Annual Budget For The Fiscal Year 1997 And Revising Sums For Operating Seconded bywCasourenicnitlmroedmucbeedr,its title read and moved for adoption by Councilmember Rader, Montgomery.
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Village of Granville
Council Meeting Minutes
October 15, 1997
Page 4
Manager Hickman noted approximately 4$500 was for the Village share of sidewalk
replacement and repair. He then noted approximately $ 9500 was the staff's recommendation for
improving the sidewalk on East College Street from Sunrise to the Golf Course in accordance
with the pathway plan.
Service Director Zarbaugh noted that the old sidewalk would be removed and new curbs
and sidewalks would be installed to allow green space between the curb and sidewalk. He noted
that excess water should run off toward either the storm sewer drainage at Clear Run or the drain
at Sunrise and College Streets.
It was noted that funding for this project was coming from the General Fund as we have
saved money in some areas and not used funds in others.
Roll Call Vote: Eisenberg yes,MeGowan yes,Bellman yes,Montgomery yes,Rader yes, Freytag yes,Marshall yes. Seven yes votes. Ordinance No. 19-97 is adopted.
NEW BUSINESS
Resolution No. 973- 6,A "Resolution Directing Police And Sanitary Protection For The Service Department Complex Located At 1833 Lancaster Road And Raymond And Fanchion
Lewis Park Located On Jones Road"w,as introduced, and read in full by Councilmember Montgomery. Seconded by Councilmember Bellman.
Manager Hickman noted the appropriateness of this resolution which would give the Granville Police Department authority in these two areas.
Following a discussion with regard to Councilmember Bellman's concern that this motion should be in ordinance form,it was decided to pass this legislation as a resolution.
Vice Mayor Freytag asked if these properties could be annexed.
As to the Fanchion Lewis property,Law Director Hurst noted there is a prohibition on the annexation ofterritory into a municipality during the pendency of a merger question.
Vice Mayor Freytag feels strongly about annexing these properties.
It was decided to wait until a decision on the merger was made before pursuing the annexation ofFanchion Lewis Park and the Service Department into the Village.
Vice Mayor Freytag moved to amend wording in the Resolution to readM "ayor'instead of M"unicipal Court". s Court"
The question was again moved. Motion carried. Resolution No. 97-36 was adopted.
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Council Meeting Minutes
October 15, 1997
Page 5
Resolution No. 973- 7,A "Resolution To Express Appreciation To Shirley Robertsonw",as
introduced,and read in full by Mayor Marshall. Seconded by Councilmember Rader. Motion
carried.
Manager Hickman noted that Shirley Robertson has been an important part of the Village
staff'for many years and she will be missed.
Resolution No. 97-37 was adopted.
Speed Enforcement
Mayor Marshall asked if there were any comments on the letter from Frederick Freytag of Lincliff Drive NE,with regard to strict speed enforcement on N. Pearl. There were no commjnts.
The Mayor asked that this letter be filed.
Street Lighting
Mayor Marshall asked Manager Hickman for comments on the street light situation.
Manager Hickman asked for direction from Council as there have been numero,ts complaints related to the elimination of some mid block lights.
Councilmember Montgomery noted she would like to see a G"ranvillef"ixture in the alley between the Library and the Robbins Hunter Museum.
Vice Mayor Freytag noted the recommendation during AEP's proposal that once new lights had been installed at the intersections,more light would be cast,therefore reducing the ne,od for mid block lights.
It was suggested that the Street Light Committee re-examine this issue.
GrangerE &. College Street Intersection
Councilmember Bellman made a note with regard to the decision to eliminate the traffic light at E. College and Granger Streets and replace with a 4-way stop. He noted that Ms. Ennis of N. Pearl Street complained that a problem has been created as the continuous traffic flow makes it cdrioffsicsiunlgt twhhaten exiting her driveway. She also mentioned a concern for children safety when intersection.
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Council Meeting Minutes
October 15, 1997
Page 6
Brick Sidewalk
Councilmember Bellman asked that no additional brickwork be done to Village sidewalk's
without Council approval.
Following a discussion by Council, it was decided that there has been a concern of the
work looking"piece meal"and either all should be done or none.
Mayor Marshall suggested the Manager appropriate funds in the 1998 budget to reflect the
completion,possibly in phases,of replacement brickwork in the downtown area.
Ohio Municipal League
Councilmember Bellman asked if anyone had called the Ohio Municipal League dissatisfaction to express in their position with the annexation hearing and an amicus brief filed against us. He feels Council should possibly threaten to withdrawal Village membership in the Municipal League as a result ofthis filing.
Councilmember Rader agreed that a letter should be sent the Municipal League noting odr displeasure in the direction they have taken in regard to the annexation.
It was decided that this would be looked at by Council at a later date following their rerl.J':t of the brief filed by the Municipal League.
Fifth District Court -Appeal
Mayor Marshall began the discussion with asking Council's decision on the appropriateness of an Executive Session to discuss Law Director Hurst's memo to Council regarding his opinion on an appeal of the Fifth District Courts decision.
Law Director Hurst noted that the decision of whether or not to waive the attorney client privilege is in the sole compliance of the client. As all of Council has had opportunity to review his memo,he noted it was the choice ofCouncil to waive this privilege,if Council so desired. He feels Executive Sessions should be used as a last resort.
Council's decision was to continue this discussion in Open Session.
Law Director Hurst advised that unless Council has a strong view that the Fifth District was wrong in its legislativea/dministrative analysis,then in his opinion there isn't much to gain from an appeal. He noted an appellant authority which says that in a charter municipality, administrative acts are subject to referendum. He does not believe this Council should file an appeal of the Fifth District opinion solely to protect the community's right to vote on the referendum. He believes that the right ofthe citizens to vote on this issue has not been infringed. He added that the Village charter does not distinguish between legislative and administrate acts.
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He advised that if Council's motivation is about legislativea/dministrative dichotomy,then there is
no choice but to appeal. He added that if the motivation is to protect the integrity of this voting
process then an appeal is probably not necessary. He noted that someone is already fighting that
fight at the Common Pleas Court level. He then noted a pending case in the Supreme Court
states, if the charter says aU ordinances, it means aU ordinances, whether administrative or
legislative.
Vice Mayor Freytag feels it would be wise to keep the Village case alive by appealing to
the Supreme Court, pending the above mentioned case, then the Village could file a motion
forming its decision.
Law Director Hurst stated that whether or not the Village files an appeal,there will be case law specifying whether administrative acts are subject to referendum or not. He noted that
although the Fifth District Court of Appeals decision states this was an administrative act, they didn't say it wasn't subject to referendum.
Following discussion of the options given to Council with regard to an appeal of the Fifth
District Court of Appeals decision, it was decided the Law Director should continue with an appeal.
Vice Mayor Freytag made a motion that the Village of Granville file a notice of appeal .lr.d
pursue an appeal in the case of King vs. Village of Granville,Case No. 97CA29 and 97CA34 in the Fifth District Court of Appeals. Seconded by Councilmember McGowan.
Roll Call Vote: Eisenberg yes,McGowan yes,Bellman abstain,Montgomery yes,Rader
yes,Freytag yes,Marshall yes. Six yes votes. Motion carried.
EXECUTIVE SESSION
Councilmember Montgomery made a motion to adjourn to Executive Session for the Cpuorupnocsielmeomfbedriscussing acquisition of property and personnel matters. Seconded by Rader.
Roll Call Vote: Eisenberg yes,McGowan yes,Bellman yes,Montgomery yes,Rader yes, Freytag yes,Marshall yes. Seven yes votes. Motion carried.
regularMseasysoiornM. arshall noted that there would be no further business discussed upon returning to
A five minute recess was observed prior to commencing the Executive Session.
Time in: 9:47p.m.
Village of Granville
Council Meeting Minutes
October 15, 1997
Page 8
Present: Eisenberg,McGowan,Bellman,Montgomery,Rader,Freytag,Marshall
Hurst,Hickman
Time out: 10:40pm
ADJOURNMENT
Councilmember ?made a motion to adjourn the meeting at 10:43p.m. Vice Mayel ?
seconded. Motion carried.

Council Minutes October 1, 1997

VILLAGE OF GRANVILLE
COUNCIL MEETING MINUTES
October 1, 1997
CALL TO ORDER
Mayor Marshall convened the meeting at 7:33pm.
ROLL CALL
Those responding to the roll call were:
Councilmember McGowan
Councilmember Bellman
Councilmember Montgomery
Councilmember Rader
Vice Mayor Freytag
Mayor Marshall
Law Director Hurst
Manager Hickman
Councilmember Rader Councilmember moved to excuse Councilmember Eisenberg. Seconded by McGowan. Motion carried.
REVIEW AND APPROVAL OF MINUTES
The minutes of the regularly scheduled meeting of September 17, 1997, were presented for review. Councilmember Rader moved to approve the minutes as amended. Vice Mayor Freytag seconded. Motion carried.
CITIZENS COMMENTS
Those signing the register were:
See attached list.
Bill Wemet
Troy Reed
Scott Rawdon
Kim Miles
Mark Zarbaugh
Troy Reed of 123 Wildwood Drive, a Council candidate, read a statement expressing concern for the work session on tonight's agenda with regard to the Comprehensive Plan Review Committees draft ordinance of Chapter 1171, PUDP/ID zoning. He noted that this proposal seemed to be identical to the SBD ordinance. He voiced a concern for the request of emergency action as he assumed this emergency relates to the referendum issues on the November ballot. He asked Council not to consider this an emergency and proceed with normal steps in the review and passage of this ordinance. He added that in his coopninsiiodne,readnbyordinance without a Comprehensive Plan to judge against should not be Council.
Bill Wernet of 134 S. Mulberry, also a Council candidate, and a member of the Comprehensive Plan Review Committee, noted he would address Mr. Reeds concern later in the meeting with regard to the proposed PUD/ PID ordinance.
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COMMITTEE REPORTS
Councilmember Montgomery reported that at the September 22 Planning
Commission meeting the following were approved: Phase I of the First Presbyterian Church
building plans noting that the revised plan looks like an extension of the Education Building
instead of the church, a restroom addition to the shelter house at Wildwood Park, temporary sign for the Granville a IGA, and a zoning certificate for MidOhio Development at
1923 Newark Granville Road. The next Planning Commission meeting will be Monday, Oct 20, 1997.
Councilmember Bellman reported that the trails at the Fanchion Lewis Park have been marked and mowed. He added that a group of boy scouts and girl scouts will be at the park this weekend to clear trails. Opening of the Fanchion Lewis Park is still set for Saturday, October 18, although this date is subject to change. He then noted that he has received an estimate for the Cherry Valley Road project with which the Streets and Sidewalks Committee will need to meet to discuss.
OLD BUSINESS
Councilmember Montgomery inquired as to the progress of the bike path at the Mill and The Evans Foundation's proposed agreement.
Manager Hickman said he had been working on modifications and agreeable solutions with The Evans Foundation and the Mill. He should have a proposal prepared for Council the first meeting in November.
NEW BUSINESS
IGA Appeal Hearina
Mayor Marshall set the IGA Appeal Hearing on the Planning Commission's denial of a sign variance for November 5, 1997.
CommisLsaiwonDirector Hurst instructed the clerk to properly notify IGA and the Planning of the appeal date.
Ordinance No. 189- 7, A"n Emergency Ordinance Enacted By The Village Of Granville, In the Matter Of Rehabilitation Of A Steel Beam Bridge Over Raccoon Creek Within The Southern Corporation Limit Of The Village Of Granville On SR661",was binytrCodouucnecdilm, itesmtibtleeraRnaddeemr.ergency clause read by Councilmember Montgomery. Seconded
Vice Mayor Freytag moved to amend the emergency clause to read a"ffirmative vote SofecfoivnedeCdobuynMcilamyoermMbaerrssh"ainll. place of two thirds of the members elected to Council.
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Roll Call Vote: McGowan yes, Bellman yes, Montgomery yes, Rader yes, Freytag
yes, Marshall yes. Six yes votes. The Emergency Clause for Ordinance No. 18-97 was
adopted.
Councilmember Montgomery moved for the adoption of Ordinance No. 18-97.
Councilmember Rader seconded.
Roll Call Vote: McGowan yes, Bellman yes, Montgomery yes, Rader yes, Freytag
yes, Marshall yes. Six yes votes. Ordinance No. 18-97 was adopted
Ordinance No. 19-97, "An Ordinance To Amend Ordinance No. 42-96 Providing Adjustments For Of The Annual Budget For The Fiscal Year 1997 And For Revising Sums For Operating Expenses",was introduced, its title read by Councilmember Rader.
Mayor Marshall set the Public Hearing on Ordinance No. 199-7 for October 15, 1997.
Vice Mayor Freytag asked the Manager for a brief explanation of these appropriations.
Manager Hickman noted that the 8$9,000 were funds received from the Sanitary Sewer Assessment Bond and needed to be appropriated before being spent. The 1$4,098 appropriation is for sidewalk replacement from Sunrise Street to the Golf Course. He noted that the Golf Course is paying for %of their portion of the sidewalk. In addition the staff has proposed 9$,500 to relocate the sidewalk from the Golf Course to Sunrise Street in accordance with the bike path plan of Newark Granville Road. He will supply Council with photo's and maps of this plan in the next Council packet.
Councilmember Bellman noted that if this sidewalk is going to be used as a ncoonrmneacl tor and in conformance with the bike path, he feels it should be wider than the 5 foot width.
Resolution No. 973- 5, A" Resolution To Award The Bid For The Purchase Of An Asphalt Emulsion Storage Tank From The Zimmerman Equipment Company And To Authorize The Village Manager To Enter Into An Agreement Thereforw",as introduced and Rreeasdoliuntfiounll by Councilmember Bellman. Seconded by Vice Mayor Freytag. Motion Carried. No. 97-35 was adopted.
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Petunia Park
Councilmember Rader noted that the Service Department and Mark Zarbaugh went
beyond the call of duty in their work efforts with the Petunia Park parking lot project. He
stated that all the business folks in that area appreciated a job well done.
Fifth District Court of Appeals
Mayor Marshall informed Council of a Fifth District Court of Appeals decision
received today reversing their earlier decision that Council's approval of the Bob Evans and
Super America site plans were legislative acts. Therefore, their decision now states that
Council's approval were administrative and not legislative actions. Administrative actions
are not subject to referendum.
Law Director Hurst gave Council a brief explanation as to the events leading this decision. The appeals filed by up to Ms. Barsky as to Bob Evans, and by KingB/oyle as to Super America were filed as administrative appeals in the Common Pleas Court. Shortly thereafter the Law Director filed a motion to dismiss the administrative appeals arguing that under Granville Village Charter and ordinances, those decision were legislative in nature. Common Pleas Court of Licking County granted his motion and dismissed the appeals. In tum, this decision was appealed to the Fifth District Court of Appeals. The Fifth District Court of Appeals denied the appeal of Barsky -Bob Evans again stating this was a legislative act. The Fifth District Court then heard the KingB/ oyle -Super America appeal and decided it was not a legislative act reversing themselves and in turn remanding the proceedings back to the Licking County Court of Common Pleas. Mr. Hurst noted that according the Fifth District Court of Appeals, these decisions were administrative and therefore not referendable. He advised Council they could file a motion in an attempt to get the Supreme Court to review the Fifth DistMcts decision. He noted that Council has 30 days to attempt or pursue an appeal if they so chose.
Council asked that Law Director Hurst review the options, prepare a recommendation and so advise at the October 15h meeting.
WORK SESSION
Council decided to forego a work session at this time on the draft proposal of Chapter 1171 with regard to the PUD and PID zoning ordinances. Bill Wemet of the dCoocmupmreehnet.nsive Review Plan Committee was asked to familiarize Council with this
Mr.Wemet noted the similarity of this proposal to the SBD ordinances. He noted that this ordinance is trying to balance the cost of infrastructure with the benefits the community will receive. He noted this zoning proposal reflects conditional uses to protect current property owners. He stated this will draw a distinction between those parcels that paurerczhoanseedd PCD prior to the changing of this ordnance. This allows property owners who previously property under certain zoning expectations to have the same opportunity as intended. He pointed out a section of this proposal which would give a developer
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the opportunity to share their purpose and intent thus giving the developer a chance to sell
the good points, allowing more balance and focusing on the ultimate goal.
Mr. Wernet stated that this proposal is based on citizens input. He feels this
proposal will make zoning clear to potential developers and landowners as well as provide
more protection in preserving quality of life, standard of living, and the general economic
well being of the village, than what is currently in place.
Councilmember Montgomery questioned why the proposal reflected that mounds
would not be a more natural separation than brick or stone walls.
Committee Member Kim Miles explained that vegetation struggles to survive in
mounding landscapes. She feels that mounding draws an eye to negative opposed viewing as to a grouping of trees which could flourish and not be distracting.
Following a lengthy discussion and debate with regard to the many proposals and changes to this chapter of the ordinances, Council decided this ordinance did not need an secmheerdguelnecdy. clause. A work session to review the proposed Chapter 1171 ordinance was
Mr.Wernet asked Council to vote on this proposal as soon as possible, arguing that currently there is no architectural review process in place in the current ordinance.
Mayor Marshall stated he will not vote for this proposal until the Comprehensive Review Plan has been reviewed.
A work session was set for Wednesday 29, 1997 at 7:00 pm to discuss the proposed PCD Chapter 1171 ordinance.
Newark Granville Road
Councilmember Bellman noted his concern with the looks of the path on Newark Granville Road once the fence has been moved. He asked Council to consider reo-pening discussions on the location of this path. He stated he didn't understand why the focus earlier was on the urgency of this path as it currently will lead no where.
Lodebar
Councilmember Bellman noted the compliments from Thresher Street residents with Creoguanrdcilto Lodebar Contracting and their services on the Thresher Street project. He feels should send an appreciation to Lodebar.
Pearl Street and Broadway
Manager Hickman noted that the School District has agreed to set up another bus stop at the library and the Village can install n"o tum on red -during school hours"signs at itnhteerisnetecrtisoenctdiounrinogf sPcehaorol land Broadway. This was in response to parental concern at this hours.
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ADJOURNMENT
Vice Mayor Freytag moved to adjourn the
seconded. Motion carried.

Council Minutes September 17,1997

VILLAGE OF GRANVILLE
COUNCIL MEETING MINUTES
September 17,1997
CALL TO ORDER
Mayor Marshall convened the meeting at 7:3lp.m.
ROLL CALL
Those responding to the roll call were:
Councilmember Eisenberg
Councilmember McGowan
Councilmember Montgomery
Councilmember Rader
PUBLIC HEARING
Mayor Marshall
Law Director
Manager Hickman
A public hearing was held on Ordinance No. 169- 7,A "n Ordinance To Amend Ordinance
No. 429-6 Providing For Adjustments Of The Annual Budget For The Fiscal Year 1997 And Revising Sums For Operating Expenses .
No one appeared to speak for or against Ordinance No. 16-97. Mayor Marshall closed the public hearing at 7:32 p.m.
REVIEW AND APPROVAL OF MINUTES
The minutes of the regularly scheduled meeting of September 3, 1997 were presented ti,1 review. Councilmember Rader moved to approve the minutes as amended. Seconded by Councilmember Montgomery. Motion carried.
Councilmember Bellman arrived.
Referencing a near mishap at the crosswalk on Broadway, Councilmember Eisenberg Dsuegngiseostned that the crosswalk rules be added to the list of discussion items for meetings wth staff and students.
MAYOR'S REPORT
The Mayor's Report for the month of August was presented for review.
part of tMheasyeomr Minuatressh.all directed the clerk to file the report. A copy of that report is attached as
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MANAGER'S REPORT
The Manager's Report for the month of August was presented for review. .
Councilmember Eisenberg asked Manager Hickman what the uncommitted balance of the
General Fund would be by year end.
Manager Hickman stated at this time the balance had not been calculated. He noted that
these figures should be available within the next month as the '98 budget proceeds.
Councilmember Rader moved to accept the Manager's Report. Councilmember
Eisenberg seconded. Motion carried. A copy of said report is attached as part of these minutes.
CITIZENS COMMENTS
Those signing the register were:
Bill Wemet Barbara Lucier
Scott Rawdon C. K. Barsky
Jurgen Pape Carl Wilkenfeld
Mary Fellabaum Dave Dicks
Jurgen Pape of 403 E. Broadway noted he was glad with the land transfer to see the Village moving forwal d at Bryn Du.
Constance Barsky of 221 E. Elm St.,questioned Mayor Marshall with regard to his reported comments about accumulated legal expenses of the Village. She noted that the bulk of
expenses were related to the moratorium and action which resulted therein. She feels that some legal expenses could have been avoided had Council taken action earlier in addressing issues of the moratorium and development.
Mayor Marshall reported legal expenses to date as 7$5,484 bringing the total for 19969-7 to $114,967.
Ms. Barsky asked Council to consider whether occurrences over the last year have been worthwhile in terms of monetary cost. She then asked that Council be judicious in the futrure,in reference to the past Village Manager's salary increases, and take into consideration what is happening in other sectors.
COMMITTEE REPORTS
Councilmember Montgomery reported the Planning Commission's approval of the remodeling certificate for 212 E. Elm Street. In reference to a remand hearing for the IGA sign approval, the Commission once again did not approve the sign changes. The Commissit)A approved a new sign for Leader Printing at 56 West Gate Drive,the installation of a basketblill
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Council Meeting Minutes
September 17, 1997
Page 3
backboard at 235 E. Broadway, the transfer of a parcel of land at Bryn Du Woods, a general
improvement and sign application for 120 W. Broadway,a zoning certificate for 127 W. Plum
Street,and then tabled a sign permit application for the Spring Hills Baptist Church.
Vice Mayor Freytag arrived.
Vice Mayor Freytag reported that the Union Cemetery Board's current item of interest is
approximately 150 stones that remain left to be repaired. He noted his concern for diminishing
returns of the remaining $ 40,000 which are needed to complete repairs.
OLD BUSINESS
Ordinance No. 169- 7,A "n Ordinance To Amend Ordinance No. 429-6 Providing For
Adjustments Of The Annual Budget For The Fiscal Year 1997 And Revising Sums For Operating
Expensesw",as reintroduced, its title read and moved for adoption by Councilmember Eisenberg.
Seconded by Councilmember Montgomery.
Roll Call Vote: Eisenberg yes,McGowan yes,Bellman yes,Montgomery yes,Rader yes, Freytag yes,Marshall yes. Seven yes votes. Ordinance No. 16-97 is adopted.
Granger and Colleze Street Intersection
Councilmember McGowan questioned the r"ight turn on red"sign which is still at the intersection of Granger and College Streets although the intersection has been temporarily made into a four way stop.
Manager Hickman noted that the sign will be taken down this week.
NEW BUSINESS
Bob Kent -Brvn Du Green Space
Mr. Kent spoke in reference to his offer of donating a parcel of land at Bryn Du as pai k lands to the Village. He noted as submitted several years ago,this was part ofthe original development plan for Bryn Du. This plan was to provide open spaces within developments as green space and paths for public use. Mr. Kent noted that in the best interest ofthe Bryn Du Homeowners Association,they have offered to help the Village maintain this area.
Law Director Hurst stated that Council will assume responsibility for the maintenance of theseo "pen space pocketa"reas. He then noted that the Village is able to enter into with the Association,however,ultimate maintenance responsibility is with the Villagea.n agreement
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Following a lengthy discussion on the responsibility of the Village in respect to the
maintenance of this property,it was requested by Council that Law Director Hurst,along with Mr.
Kent,would work on an acceptable set of conditions before Council will accept this land.
Councilmember Bellman raised the issue of a back entrance from Bryn Du to the Fanchier,
Lewis property. He noted that Mr. Kent was agreeable to a back entrance as temporary access to
the Fanchion Lewis property pending further development to the northern portion of Bryn Du.
Green Space Levy -Council chose not to act as a body by supporting or not supporting the
levy. Councilmember Bellman volunteered to join the Green Space Levy Committee,as a privkte
citizen,for the promotion of this township levy.
Resolution No. 973- 3, A"Resolution To Authorize The Village Manager To Submit. .\
Grant Application For 1997-1998 Capital Improvement Projects To District 17, Ohio Public
Works Commission, For Funding, On Granville's Behalf"w,as introduced and read in full by Councilmember Montgomery. Seconded by Councilmember Rader. Motion Carried. Resolution No. 97-33 was adopted.
Councilmember Bellman noted that he had not seen the details on what had been propose,i for this project and,thus,was not sure if this was something he could support. Also,he stated that the Council had not yet decided the priority of various road projects for next year. Depending on what improvements were proposed and what other projects
needed funding,his support for the project was not yet decided. Mr. Bellman voted for the resolution,but noted that his vote for this resolution was not necessarily a commitment for this project.
Resolution No. 973- 4 A" Resolution Accepting The Amounts And Rates As Determined By The Budget Commission And Authorizing The Necessary Tax Levies And Certifying Them To CThoeunCcoilumnetymAbeurditorw"a,s introduced and read in full by Councilmember Eisenberg. Seconded by Rader.
Mayor Marshall asked for a roll call vote for Resolution No. 97-34.
Roll Call Vote: Eisenberg yes,McGowan yes,Bellman yes,Montgomery yes,Rader yes, Freytag yes,Marshall yes. Seven yes votes. Resolution No. 97-34 was adopted.
Council Folders
As a cost saving measure, Councilmember Rader suggested the clerk use discretion in supplying previously distributed material to Council members for future meetings. t
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Fire Prevention Week
Mayor Marshall noted the Granville Fire Department will be closing N. Prospect from
north of Broadway to College Street at 6 -8pm on October 8 &9, 1997 for National Fire
Prevention Week Open House.
Frank Elmer Legal Services
Upon review of Frank Elmer's original contract with the Village, Councilmember Rader
advised Council the contract of $19,800 for planning services was to include expenses plus $ 4,000
for subcontracted legal services. Mr. Rader noted that legal services were not done. He noted that
the work done by Mr. Elmer was not work done outside the scope of the contract. Mr. Rader
recommended that Mr. Elmer not be paid the $4,000 which was originally set aside for legal
service fees. He added as of this date, the Comprehensive Review Plan Committee received has not an itemized detailed statement for Mr. Elmer's work on the SBD.
Bill Wernet recommended not paying Mr. Elmer for Comprehensive Plan work until a itemized statement is received.
ADJOURNMENT
Councilmember Rader made a motion to adjoum the meeting at 9: 12 p.m. Vice Mayor Freytag seconded. Motion carried.

Council Minutes September 3, 1997

VILLAGE OF GRANVILLE
COUNCIL MEETING MINUTES
September 3, 1997
CALL TO ORDER
Mayor Marshall convened the meeting at 7:30pm.
ROLL CALL
Those responding to the roll call were:
Councilmember Eisenberg
Councilmember McGowan
Councilmember Montgomery
Councilmember Rader
REVIEW AND APPROVAL OF MINUTES
Vice Mayor Freytag
Mayor Marshall
Law Director Hurst
Manager Hickman
The minutes of the regularly scheduled meeting of August for review. 20, 1997, were presented carried. Councilmember Rader moved to approve the minutes as amended. Motion
CITIZENS COMMENTS
Those signing the register were:
Scott Rawdon Barbara Lucier
Doug Kaiser Barbara McFarland
Troy Reed Lyn Robertson
John Burris
COMMITTEE REPORTS
Councilmember Montgomery reported that a decision is in the works for the locations of a parking lot at the Fanchion Lewis reserve noting that the Girl Scouts and Boy Scouts have offered their help in clearing of and maintaining pathways in the park.
Councilmember McGowan reported that the Recreation Commission will not receive grant money from the Art Council for the C" oncert on the Green"in 1998. He noted 1$500 donated by the Rotary and that they welcomed any additional donations for funding the P19a9rk8wCilol ncert on the Green. He noted the plans for a permanent restroom at Wildwood cost approximately 1$0,000.
e
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NEW BUSINESS
IGA Appeal Hearing
Law Director Hurst advised Council to remand this matter back to the Planning
Commission. He noted that a questions arose of whether one of the components of a sign
ordinance was considered. There was no reference that it was considered due to the
absence of written findings and conclusions. He noted an agreement and request by
applicant to remand back to the Planning Commission at this time.
Councilmember Bellman arrived. ( 7:41 pm)
Councilmember Rader made a motion to remand the IGA sign appeal back to the
Planning Commission. Mayor Marshall seconded. Motion carried.
Ordinance No. 16-97, "An Ordinance To Amend Ordinance No. 42-96 Providing For
Adjustments Of The Annual Budget For The Fiscal Year 1997 And Revising Sums For
Operating Expenses,"was introduced, its title read by Councilmember Eisenberg. Mayor
Marshall set a public hearing on Ordinance No. 16-97 for September 17, 1997.
Ordinance No. 17-97, "An Ordinance Providing For The Issuance And Sale of
93,000 Of General Obligation Bonds Of The Village Of Granville, Ohio For The Purpose Of
Constructing Improvements To The Sanitary Sewer System Of The Village, And Declaring
An Emergency,"was introduced, its title read by Councilmember Montgomery.
Councilmember Montgomery moved to adopt Section 11, the emergency clause,
and read that section in its entirety. Seconded by Councilmember Rader.
Roll Call Vote: Eisenberg yes, McGowan yes, Bellman yes, Montgomery yes, Rader
yes, Freytag yes, Marshall yes. Seven yes votes. The emergency clause for Ordinance No. 17-97 was adopted.
Councilmember Montgomery then moved for Seconded the adoption of Ordinance No. 17-97. by Councilmember Rader.
Village Manager Hickman informed Council of the need for the Village to start assessing property owners on Westgate Drive for the sewer work done several years ago.
Councilmember McGowan noted citizens concerns about sewer bills going up over the last two years. He asked whether the Westgate sewer extension affected water and sewer bills.
Manager Hickman noted this assessment only applies to the lots affected with the sewer work. He then noted that water and sewer rates have not gone up in the last three syyesatresmalthough the Village's debt service rate has increased due to necessary major sewer repairs and improvements.
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Roll Call Vote: Eisenberg yes, McGowan yes, Bellman yes, Montgomery yes, Rader
yes, Freytag yes, Marshall yes. Seven yes votes. Ordinance No. 17-97 was adopted.
Douglas Kaiser
Mr. Kaiser approached Council with regard to his idea of purchasing 1. 7 acres on the
northeast corner of Fern Hill and Newark-Granville Road. His idea is to build a home
structure (approximately 4,000 square feet)with a studio-like kitchen to accommodate
culinary classes and a catering business. He noted that current zoning is residential which
would not permit this type of use. Mr. Kaiser asked Council's opinion have the zoning changed for this particular on the possibility of use.
After a lengthy discussion, Council referred Mr. Kaiser to the Planning Commission.
OLD BUSINESS
Desian Review Committee
Jack Burris of the Design Review Committee asked Council to pay Frank Elmer 4,000 as originally set aside for legal review of the Design Review Standards. He noted that in designing the standards, Mr. Elmer did a tremendous amount of research as far as what Mr. Elmer suggested would be legally acceptable.
Following a discussion among Council, Village Planner Reyazi, and Mr. Burris with regard to the validity of Frank Elmer's request of payment for legal review, Law Director Hurst noted that Mr. Elmer has not done a legal review. The law director agreed to look at the contract before advising Council on making a decision with regard to the payment of additional monies to Mr. Elmer for the completion of this review. Adding that if Mr. Elmers work has gone above and beyond the scope of his contract then additional monies may be paid, however not for legal review as he is not a lawyer.
Councilmember Rader will research with Law Director Hurst.
T J Evans Bike Path
agreemMenatnsafgroemr Hickman provided Council with copies of easements and maintenance 1981 and 1989.
the nexMt CaoyourncMilarshall requested the bike path improvements be should be discussed at meeting.
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Middle School Demolition
Manager Hickman advised that a permit will be issued for the demolition of the Old
Middle School.
Councilmember McGowan noted the concern some area residents have with dust
and debris that will be present during demolition.
Manager Hickman suggested the demolition contractor should be responsible for the
clean-up.
Denison
Manager Hickman, Mayor Marshall and Chief Cartnal attended a "get to know" meeting at Denison University. Manager Hickman noted there were 175 students living off
campus this year adding that Denison has concurred they vehicles have space for students to park during breaks so they are not left on Village streets.
Manager Hickman will send a letter to Denison noting the speed limits and enforcement of the Village.
Skunks
Councilmember Bellman again noted the seriousness of the skunk problem in Granville concerned with the chance they may carry rabies and other sickness.
Manager Hickman noted that calls to the Village Offices would be recommended to an area trapper that will catch and dispose of skunks for a fee.
Halloween
5:307- :0C0o.uncil set the time and date for trick or treat in Granville for October 30, 1997 from
Charles Meteer Proclamation
Councilmember Bellman noted Rita Meteefs appreciation for the proclamation given to her in memory of her husband, Charles Meteer. 1
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Granville Solvents Sites
Councilmember Eisenberg inquired as to the soil remediation with Granville
Solvents.
Manager Hickman noted that while ground water cleanup was proceeding the
methods for soil remediation haves yet to be agreed upon.
Manager Hickman will follow-up at the next Council meeting.
ADJOURNMENT
Councilmember Eisenberg Councilmember moved to adjourn the meeting at 8: p.m. Rader seconded. Motion carried.

Council Minutes August 20, 1997

COUNCIL MEETING MINUTES
August 20,1997
CALL TO ORDER
Mayor Marshall convened the meeting at 7:30 p.m.
ROLL CALL
Those responding to the roll call were:
Councilmember Eisenberg
Councilmember McGowan
Councilmember Bellman
Councilmember Montgomery
Coucilmember Rader
REVIEW AND APPROVAL OF MINUTES
Vice Mayor Freytag
Mayor Marshall
Law Director Hurst
Manager Hickman
The minutes of the regularly scheduled meeting of July 16, review. 1997 were presented for Councilmember Montgomery moved to approve the minutes as corrected. Secondei by Vice Mayor Freytag. Motion carried.
The minutes of the regularly scheduled meeting of August 6, 1997 were presented br
review. Councilmember Rader moved to approve the minutes. Seconded by Councilmemt .r Eisenberg. Motion carried.
MAYOR'S REPORT
The Mayor's Report for the month of July was presented for review.
Councilmember Rader asked that the police department refrain from ticketing Denison parents as they move their students into dormitories, noting the police are here to protect and dsuerrivneg,nthoits htraarnasssit.ionH. e suggested a patrolman be available to possibly direct traffic in the area
Mayor Marshall directed the clerk to file the report. A copy of that report is attached as part ofthese minutes.
MANAGER'S REPORT
The Manager's Report for the month ofJuly was presented for review.
Councilmember Rader moved to accept the report. Vice Mayor Freytag seconded. M.plion carried. A copy of said report is attached as part of these minutes.
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Council Meeting Minutes
August 20, 1997
Page 2
CITIZENS COMMENTS
Those signing the register were:
Scott Rawdon
Bill Wernet
Troy Reed
Troy Reed of 123 Wildwood Drive voiced his disapproval of the proposed State Route I 57
as he feels the benefit to commercial interests are obvious although the benefits to Granville somewhat illusive and he is are concerned that the taxpayers of Granville will inevitably pay for this
benefit. He added the Village would be better served by finding ways to improve infrastructure.
fixing roads,etc.,and reach a consensus on the Cherry Valley Road development. He feels that
the village should not get involved stating that State Route 157 will do nothing to help these
concerns of development,traffic,etc.,in Granville.
Mayor Marshall noted that although he attended the State Route 157 introduction mee;tip.g, he is not for or against at this time.
Councilmember Rader stated he also attended the meeting as an individual and not a.3 a councilmember. He then noted the concerns of current conditions at State Route 16 and Cherry Valley Road, adding that benefit would include more accessibility to Main Street and Licking Memorial Hospital if the State Route is approved. He feels it is a needed project for the County.
Vice Mayor Freytag feels a road like State Route 157 would be a development generator and that the impact would clearly affect Granville.
COMMITTEE REPORTS
Councilmember Bellman reported that according to his em- ail correspondence with Manager Hickman, progress is being made with Bird and Bull in the red-esigning of Clieny Valley Road. He then reported that the Fanchion Lewis Committee has a goal of a mid Oct, ber opening. He noted the need to locate the best location for a parking lot to access the area,noting there may be a possible access route from Bryn Du.
Law Director Hurst volunteered Scout Troop 65's assistance in clearing a path at the mpaarinkt,aaidndtihneg that the group is interested in the long term commitment of helping to develop and area.
which Councilmember Montgomery noted the initial cost for this project would be around 4$,000 could come from the Park Land Reserve Fund.
Councilmember McGowan reported that the Recreation Commission is seeking bids for a permanent restroom at Wildwood Park.
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Council Meeting Minutes
August 20, 1997
Page 3
Councilmember Montgomery reported that the Planning Commission had a
presentation from a consulting architect concerning the First Presbyterian Church addition. The
First Presbyterian Church's application has been tabled until more information is supplied to the
Planning Commission from that consultant. The Planning Commission then approved a no-build
line on two lots in the Erinwood Phase II, and approved Planning Commission Rules and
Regulations.
OLD BUSINESS
Pathway At The Mill -
Manager Hickman made a presentation to Council to request their direction for proposed
storm sewer and bike path improvements at the 'mill"between the Wastewater Plant and South
Main Street. Noting that for decades storm water has run off from the upper part of the village
down to the mill's property. Four years ago the staff proposed to put a storm sewer in from Pearl
Street to the Raccoon Creek. He then noted a stumbling block has been in obtaining from the T.J. Evans Foundation. an easement Now,the Township trustees need to expand the cemetery and have asked to make a land swap with the village. In order to accommodate this,the Township and Village will swap parcels east ofthe wastewater plant.
The Township has offered to finance half the fee of approximately 3$,300 which include,bollards,fence,and striping the pathway. The s Shop,the mill,and township manager hopes to get cooperation from Abes Body trustees to help maintain their respective portions of the path area. Following a discussion of truck traffic using the bike path,it was noted that a right of way has never been enforced on mill truck traffic. It was suggested that the area business be notified by letter of notification of using the path inappropriately.
Manager Hickman was asked to prepare a resolution to pursue this project for the September 3, 1997 meeting.
Manager Hickman then asked Council to consider the storm sewer proposal from South Pearl Street to Raccoon Creek. He noted the alternative proposal would be to start the storm tsheewmerilwl porrokpjuesrttyn. orth ofthe bike path at the end at Raccoon Creek,leaving open ditch drainage to
Councilmember Bellman suggested this work be done by the Service Department to which
Service Director Zarbaugh noted that more personnel would be needed if the Service Departrr ent was to make more infrastructure improvements.
After a brief discussion with regard to the funding of this project, Manager Hick".:, offered to get pricing together for the different options. qn appropriated for Newark He suggests using funds already Granville Road that won't be done during 1997 and seek grant money from LCATS to fund Newark Granville Road improvements at a future date. figures Coof aulnl cil decided to discuss this project again after reviewing more cost estimates al:d options.
Law Director Hurst requested Council consider the proposed agreement from the 'J*. Evans Foundation which incorporates the proposed easement. He asked that they take a sincee: look at this agreement as a major commitment to the future.
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August 20, 1997
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Council decided to review the agreement in preparation for future discussion.
NEW BUSINESS
Resolution No. 97-30,A " Resolution To Adopt Updated Rules Of Council"w, as
introduced,read in full and moved for adoption by Councilmember Bellman. Seconded by Vice
Mayor Freytag. Motion Carried. Resolution No. 97-30 was adopted.
Resolution No. 973- 1,A "Resolution To Authorize The Village Manager To Advertise For
Bids For The Purchase Of An Asphalt Emulsion Storage Tankw",as introduced, read in full and
moved for adoption by Councilmember Eisenberg. Seconded by Councilmember Rader. Motion Carried. Resolution No. 97-31 was adopted.
Resolution No. 973- 2,A "Resolution To Adopt The Findings and Conclusions By Council
Relative To The Appeal Hearing Of George H. Fackler III."w,as introduced, read in full aid moved for adoption by Councilmember Rader. Seconded by Councilmember Montgomery.
Councilmember McGowan questioned whether there was anything in place to prevent George Fackler from suing the Village for extended hours.
Law Director Hurst stated there was nothing to prevent anyone from filing action. He rt:o feels the status of the record is very clear as this was a negotiated,agreed to on the record, and accepted proposal on his part.
Mayor Marshall suggested a change to page 3, section 1 from n"o alcohol sales.t..o . "" alcoholic beverage sales". ne
Vice Mayor Freytag suggested changes to page 2 C"onclusionsf"rom d"iscussed with alid accepted by...t o.. w""ere discussed with,and accepted by,and agreed to by the applicant. Page 3 section 2, a s"applied and does not run to any other forms.tO.. a."s.a.p.p.lie"d for and will hereafter be allowed with respect to or applied to other forms of business . r Y
Councilmember Eisenberg moved to adopt the amended changes to Resolution No. 97-32. Seconded by Councilmember Rader. Mayor Marshall requested a roll call vote considerinG th,: nature ofthis resolution.
Roll call vote: Eisenberg yes, McGowan no,Bellman no,Montgomery yes, Rader ye:, Freytag no,Marshall yes. Four yes votes,three no votes. Resolution No. 97-32 was adopted,
Frank Elmer
Village Manager Hickman requested Council's direction in the request from Frank Elm.ir for $4,000 as part ofhis legal review on the Comprehensive Plan.
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Council agreed that although they appreciated the work Mr. Elmer has done, it was
decided that there has been no legal review as the plan is still in draft form,therefore there will be
no payment made to Mr. Elmer for legal assistance at this time.
Mayor Marshall suggested that Council take this issue up at a later date.
Councilmember Bellman brought up a skunk overpopulation in the Village.
ADJOURNMENT
Councilmember Rader made a motion to adjourn theIn-eeting at 9:25 p.m. Vice Mayor
Freytag seconded. Motion carried.

Council Minutes August 6, 1997

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VILLAGE OF GRANVILLE
COUNCIL MEETING MINUTES
August 6, 1997
CALL TO ORDER
Mayor Marshall convened the meeting at 7:38pm.
ROLL CALL
Those responding to the roll call were:
Councilmember McGowan
Councilmember Bellman
Councilmember Montgomery
Councilmember Rader
PUBLIC HEARING
Vice Mayor Freytag
Mayor Marshall
Law Director Hurst
Manager Hickman
A public hearing was held on Ordinance No. 10-97, "An Ordinance To Amend
Section 1305.04 Of The Codified Ordinances Of Granville, Ohio.
No one appeared to speak for or against Ordinance closed No. 109-7. Mayor Marshall the public hearing at 7:41 p.m.
A public hearing was held on Ordinance No. 11-97, "An Ordinance To Amend
Section 1305.01 Of The Codified Ordinances Of Granville, Ohio.
No one appeared to speak for or against Ordinance No. 11-97. Mayor Marshall closed the public hearing at 7:42p.m.
A public hearing was held on Ordinance No. 129- 7, A"n Ordinance To Amend Section 1175.02 Of The Codified Ordinances Of Granville, Ohio.
No one appeared to speak for or against Ordinance No. 129-7. Mayor Marshall closed the public hearing at 7:42p.m.
A public hearing was held on Ordinance No. 159- 7, A"n Ordinance To Amend Ordinance No. 429-6 Providing For Adjustments Of The Annual Budget For The Fiscal Year 1997 And Revising Sums For Operating Expenses.
No one appeared to speak for or against Ordinance No. 159-7. Mayor Marshall closed the public hearing at 7:43p.m.
REVIEW AND APPROVAL OF MINUTES
The minutes of the regularly scheduled meeting of July 16, 1997, were presented for review. Mayor Marshall requested the removal of Carl Wilkenfeld's attached comments as they were not read in their entirety due to time restraints. Vice Mayor Freytag noted that attaching citizens comments in writing had been the procedure previously followed, and in order to be consistent, it should be changed by Council in writing. Mayor Marshall stated he would withdrawal his request and suggested this be a topic of discussion later in the
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August 6, 1997
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agenda. Councilmember Rader moved to approve the minutes as amended. Seconded by
Councilmember McGowan. Motion carried.
NEW BUSINESS
Granville Planning Review Committee Resolution
Ron Sheldon, Legislative Review Sub-committee Chairperson, stated the draft
resolution presented to Council is a proposal for setting standards for the review of the
Comprehensive Plan. He noted the committee's suggestion to appoint Village Township and citizens to form a committee for this review, adding that the committee recommends the review of the Comprehensive Plan during the spring of every other year. Mayor Marshall thanked the committee for their time and commitment to this proposal.
Councilmember Rader moved to excuse absentee Councilmember Eisenberg. Seconded by Vice Mayor Freytag. Motion carried.
CITIZENS COMMENTS
Those signing the register were:
See Attached List.
COMMITTEE REPORTS
Councilmember Bellman reported on the Streets and Sidewalks Committee held Monday, August 4, 1997. He noted the committee had discussed the engineers design for Cherry Valley Road with four lanes and a median. The committee feels that a continuous median would be needed to maintain a continuous flow of traffic. He noted an access road on the east side of Cherry Valley would be necessary for access to Westgate Drive for southbound traffic on Cherry Valley. He noted the possibility of going through the Mary Roberts property for this access road. He stated the idea of the median is to have no choke points':He noted a "nod"was given to Village Planner Reyazi to proceed with the review of an Access Management Plan which would limit curb cuts during future development along Cherry Valley Road. The committee suggests that development standards be set to adopt guide lines for future development.
Mayor Marshall reported on the Planning Commission. He noted that a number of permit applications were approved. He also noted that Brian and Stephanie Parsley of Maple Street submitted an outstanding application which was approved. He noted the no mtreeseptainsgs.ing signs at Shepardson Condominiums which had not been removed as of this
OLD BUSINESS
Ordinance No. 109- 7, A"n Ordinance To Amend Section 1305.04 Of The Codified Ordinances Of Granville, Ohio,"was reintroduced, its title read by Vice Mayor Freytag.,
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Following a request to clarify sub section B on the proposed Ordinance, Vice Mayor
Freytag made a motion to amend Ordinance No. 10-97. Seconded by Councilmember
McGowan.
Roll call vote: Eisenberg absent, McGowan yes, Bellman yes, Montgomery yes, Rader yes, Freytag yes, Marshall yes. Six yes votes. Motion carried.
Vice Mayor Freytag moved for the adoption of Ordinance No. 10-97 as amended.
Seconded by Councilmember Rader.
Roll call vote: Eisenberg absent, McGowan yes, Bellman yes, Montgomery Rader yes, Freytag yes, yes, Marshall yes. Six yes votes. Ordinance No. 10-97 was adopted.
Ordinance No. 11-97, "An Ordinance To Amend Section 1305.01 Of The Codified
Ordinances Of Granville, Ohio,w"as reintroduced, its title read, and moved for adoption by Councilmember McGowan. Seconded by Councilmember Rader.
Village Planner Reyazi asked that the wording on this Ordinance be changed to reflect Zoning Certificates instead of BuildingZ/oning Permits.
Mayor Marshall asked the clerk to call the roll on the amendment to Ordinance No. 11-97.
Roll call vote: Eisenberg absent, McGowan yes, Bellman yes, Montgomery yes, Rader yes, Freytag yes, Marshall yes. Six yes votes. Motion carried.
Councilmember McGowan moved to adopt Ordinance No. 11-97 as amended. Seconded by Councilmember Rader.
Roll call vote: Eisenberg absent, McGowan yes, Bellman yes, Montgomery yes, Rader yes, Freytag yes, Marshall yes. Six yes votes. Ordinance No. 11-97 was adopted.
Ordinance No. 129- 7, A 'n Ordinance To Amend Section 1175.02 Of The Codified Ordinances Of Granville, Ohio,w"as reintroduced, its title read, and moved for adoption by Councilmember Rader. Seconded by Vice Mayor Freytag.
Roll call vote: Eisenberg absent, McGowan yes, Bellman yes, Montgomery yes, Rader yes, Freytag yes, Marshall yes. Six yes votes. Ordinance No. 12-97 was adopted.
Councilmember Montgomery made a motion to remove from the table, Ordinance bNyo.C1ou4n9-c7ilm, A"enmOberdrinance To Vacate Certain Alleys Adjacent To Sunrise Street."Seconded Rader. Motion carried.
It was noted by Village Manager Hickman per his discussion with Robert Erhart that the Granville Village School District will not receive any property as a result of this vacation.
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August 6, 1997
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Ordinance No. 14-97 was then reintroduced, and moved for adoption by
Councilmember Montgomery. Seconded by Councilmember Rader.
Roll call vote: Eisenberg absent, McGowan yes, Bellman yes, Montgomery yes,
Rader yes, Freytag yes, Marshall yes. Six yes votes. Ordinance No. 14-97 was adopted.
Ordinance No. 15-97, " An Ordinance To Amend Ordinance No. 42-96 Providing For
Adjustments Of The Annual Budget For The Fiscal Year 1997 And Revising Sums For
Operating Expenses," was reintroduced, its title read, and moved for adoption by
Councilmember Rader. Seconded by Councilmember Montgomery.
A motion was made to remove the Utilities &Insurance language from Section Al 7- -E2-30. 11: Upon post meeting research, it is noted that there is an appropriation break down of 4$,646 for Fanchion Lewis Taxes and 4$,000 for Utilities and Insurance for Village Office which total $ 8,646. Language was not removed.)
Roll call vote: Eisenberg absent, McGowan yes, Bellman yes, Montgomery yes, Rader yes, Freytag yes, Marshall yes. Six yes votes. Ordinance No. 15-97 was adopted.
NEW BUSINESS
IGA Appeal Hearina
Mayor Marshall set an appeal hearing date of September 3, 1997 for IGA's appeal of the Planning Commissions disapproval of their sign changes.
Kina vs. SuperAmerica
Law Director Hurst noted the court of appeals Fifth District Appellant arguments will be heard tomorrow morning with regard to the validity of Village Councils approval on the PUD plan as a legislative act.
Meetina Minute Attachments
Following a brief discussion, Council's decision was that attachments may be added to minutes at a citizens request, however, said attachments must be accepted by Council Cbeofuonrecilacknowledged as part of the minutes. The Clerk was asked to amend the Rules of to reflect this rule.
The clerk was then asked to amend the previously approved minutes of July 16, 1997 to reflect Mr. Wilkenfelds comments to the point of running out of time. The July 16, 1997 minutes will be re-approved at the regularly scheduled meeting of August 20, 1997.
Salary Waae Scale/Personnel Policy Work Session A work session is scheduled for August 26, 1997 at 7:OOpm.
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Manager Hickman reminded Council to also include review of the updated
Personnel Policy.
Vice Mayor Freytag asked that materials be submitted before the meeting to allow
time for review.
Comprehensive Review Planning Committee
Manager Hickman noted that expenses will be divided between the Township and
the Village, noting a special appropriation will be made to pay these funds.
Water/ Sewer Extension
Vice Mayor Freytag inquired as to the meetings taking place and with regard to the water sewer extension into the township.
Mayor Marshall noted that discussions had been generated by himself and Councilmember Rader with the general thought that it would be to the village's advantage to extend water and sewer under certain conditions, on a selective basis to the township.
It was noted that Mayor Marshall and Councilmember Rader are acting as individuals in these discussions and not representing Council.
Charles Mateer -Proclamation
Councilmember Bellman suggested Council acknowledge the service of Mr. Mateer as a Granville Village Council committee member.
ADJOURNMENT
Councilmember Montgomery moved to
Councilmember Rader seconded. Motion carried.

Council Minutes July 16, 1997

VILLAGE OF GRANVILLE
COUNCIL MEETING MINUTES
July 16,1997
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 MeGowan
Councilmember Montgomery
Councilmember Rader
Vice Mayor Freytag
Mayor Marshall
Law Director Hurst
Manager Hickman
Councilmember Rader moved to excuse absentee Councilmember Bellman. Seconded by Councilmember McGowan. Motion Carried.
PUBLIC HEARING
A public hearing was held on Ordinance No. 149- 7.A "n Ordinance To Vacate Certain Alleys Adjacent To Sunrise Street."
No one appeared to speak for or against Ordinance No. 14-97. Mayor Marshall closed the public hearing at 7:34 p.m.
REVIEW AND APPROVAL OF MINUTES
The minutes of the regularly scheduled meeting of June 16, 1997 were presented for review. Councilmember Eisenberg moved to approve the minutes as submitted. Seconded by Councilmanber Rader. 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.
Councilmembers Montgomery and Rader recognized the prompt and coordinated effort Ly ChiefCaitnal in response to questions raised during the June 16 Council meeting.
MANAGER'S REPORT
The Manager's Report for the month ofJune was presented for review.
Councilmember Eisenberg made reference to the increase in wastewater treatment during the month ofJune. Manager Hickman explained that wet weather and infiltration problems were the main cause for this increased flow.
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July 16, 1997
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Councilmember Rader moved to accept the report. Councilmember Eisenberg seconded.
Motion carried. A copy of said report is attached as part ofthese minutes.
CITIZENS COMMENTS
Those signing the register were:
See attached list
Dorothy Garrett of 45 Donald Ross Drive commended the Water Department for their prompt
response in drawing attention to excessive water usage at a neighboring house.
Margaret Clayton of 328 Fern Hill stated that after attending two previous BZBA " drive
through"work sessions,she suggests that traffic nuisance seems to be a major concern and should be
considered by Council before rendering a decision for or against the Fackler appeal.
Carl Wilkenfeld of 317 E. Elm St. stated his support of the Fackler project while opposing the
drive through. He asked Council to uphold the BZBA decision adding it would arbitrary be capricious and to overturn this conditional use decision based on the SBD zoning ordinance which does not permit drive throughs. He then cited the Bexley case law,which had been distributed to Council members,questioning its relevance to this appeal. His hope is that Council will review the BZBA hearings,finding of facts,and meeting minutes before rendering a decision for this appeal. At this time,Mayor Marshall noted Mr. Wilkenfeld had exceeded the five minute time limit.
Dean Markle of 98 Bantry St. expressed his support in the beauty of the architecture for the Fackler project,however,he feels drive throughs are not pedestrian friendly. He then commended the BZBA for a wonderful job in outlining the facts. Subsequently,he feels the drive through should be denied as it will bring excessive traffic flow from Rt.16. He pointed out that the community surveys reflect the wish for a pedestrian oriented community and Council should support the people of this community by denying this drive through. His opinion is that a successful business can be obtained without the benefit ofa drive through. He expressed his support ofthe BZBA's decision.
Mary Kay Roberts of Cherry Valley Rd. indicated a word in favor of George Fackler stating that as a neighbor he has been one ofthe best and she feels he should get anything he wants.
Jim Jump of 143 Thresher St. reiterated a word in favor ofthe design ofthis project. He called attention to the fact that the citizens of Granville do not want a drive through. He then questioned dcorinveditthiornoaulguhs.e in reference to future business at this location that may replace the existing appro Ted
Linda Payne of 100 Bantry St. emphasized her approval ofthe Fackler restaurant but is not in favor ofa drive through or beer and wine carry out.
Lois Rose of 103 Bantry St. supported the idea ofa drive through in the area. She pointed out the fact that among other things, Mr. Fackler has provided the required space for pedestrians to park
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July 16, 1997
Page 3
and walk. She feels the traffic issue should not be compared to Wendys concluding that she is looking
forward to the drive through.
Steve Katz of221 E. Elm St. is in favor ofthe project in general. However,he does not support
a drive through based on wastes that are attributed to such uses. Specifically he indicated the waste of
gasoline by idling waiting cars,the fume effect on the environment,and safety in exiting the drive
through. He fails to recognize the need for a drive through in this area.
Constance Barsky also of 221 E. Elm St. would like to see both sides keep communication lines
open for discussion. She feels more emphasis should be placed on what it means to be in the Granville
community and what a project like this does to a pedestrian friendly atmosphere. She supports the
BZBA's decision but also feels there could be room for productive work sessions for further discussion
of opportunities.
George Fackler,Appellant,of 323 Parker Drive,Newark confirmed that he is the proud of eight owner acres ofSBD zoned land in Granville. He then thanked the citizens for their comments adding
his presence tonight is one of compromise. He also thanked Ms. Barsky for her comments suggesting
he also hopes to work together to meet on middle ground. He stated his wish to keep the negotiations open.
Frank Brauner of 117 Cambrey Circle then reported to Council that 600 cars went through a friends drive through in Newark on July 3.
Gary Stansbury,speaking as a property owner on Westgate Drive,stated his support for this project. He directed attention to the fact that had this area become a part of Newark,construction in said area would probably not have been near the quality ofthis project. He suggested that denying Mr. Fackler a drive through would be a detriment to the area and to this project.
Mayor Marshall responded to Mr. Wilkenfeld's reference to an anonymous distributor of material released to Council. Mayor Marshal affirmed his responsibility for the distribution of this material reiterating that it is his right to do so.
COMMITTEE REPORTS
Councilmember McGowan's Lighting Committee report noted 26 new fixtures have replacrd. the incandescent fixtures with another 15 to be replaced in this years budget. He noted that four new lights would be placed in the area of New Burg Street near the new High School. He addressed reported comments by residents with regard to the brightness of said lights. He pointed out that some lights may be turned to correct the flow of light. He announced that the Committee is discussing possible placement of G"ranvillef"ixtures along Broadway. The idea is to let citizens purchase a light as a dedication or memorial noting the success ofthe park bench program.
1998. Councilmember Montgomery added that a plan had been drafted for the placement of lights in
Law Director Hurst expressed a concern for lighting in the crosswalk area between the midc'le
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Council Meeting Minutes
July 16, 1997
Page 4
and high school on New Burg Street. He asked that the committee target the walkway as he had
witnessed near disaster in that area.
Manager Hickman conveyed that the spacing of lights should cover the cross walk area.
However,he wiltlook at a possible cross walk sign.
Councilmember Montgomery reported on June 23 the Planning Commission approved the
following zoning permits: 120 S. Mulberiy, 210 E. Maple, 215 S. Prospect, and 218 E. Maple;
approved a sign permit for 129 Westgate,and 671-685 W. Broadway. The also discussed the proposed
rules and regulations. The committee again met on July 14 and approved a sign for 129 Westgate Dr,
and a zoning permit for 317 W. Broadway. The committee did not approve a sign for 44 S. Main, 746
Newark- Granville Rd.,or Shepardson Condominiums. The committee then directed the Village
Planner to seek the removal of three signs already erected at the condominiums. The committee then
held a zoning permit application hearing for 110 W. Broadway ( which has been continued)and held work session with a Certified Oil Company of466 S. Main St. regarding a zoning permit application.
Vice Mayor Freytag reported that the June 23rd Union Cemetery Board Committee meeting focused on the work of the preservationists from Massachusetts,noting their return trip will be in early
August. He added that the Committee is very satisfied with the restoration of the Old Colony cemetery wall.
OLD BUSINESS
Mayor Marshall reported the 1997 legal expenses ofthe Village at $72,756.00 and 112,239.00 since 1996.
Ordinance No. 14-97,A "n Ordinance To Vacate Certain Alleys Adjacent To Sunrise
Streetw,"as reintroduced,its title read,and moved for adoption by Councilmember Montgomery. Seconded by Councilmember Rader.
Referencing the list of signatures on file,Law Director Hurst pointed out the asterisk as noted by School Board Treasurer Norm Kennedy which forgoes any interest by the School Board. Mr. Hurst indicated that once the alley is vacated,the property reverts back to the preceding property owner.
Following a discussion of the property owners obligation to the vacated property, Councilmember Rader moved to table Ordinance No. 14-97 until further investigation of title Mseoatricohnwciathrrireedla. tion to the School Boards obligation. Councilmember Eisenberg seconded.
NEW BUSINESS
Appeal Hearing -George Fackler Conditional Use
Law Director Hurst informed Council in compliance with Chapter 1137.Ole and 1137.Oli'cf the Codified Ordinances. He then notified Council oftheir obligation to render a decision no later thati
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Council Meeting Minutes
July 16, 1997
Page 5
the next regularly scheduled meeting followed by formalization in writing within 45 days of that
decision. Once the finding of facts is adopted by Council it will then be served upon Appellant. He
then advised Council of their right under Chapter 1137.Oli. By way of clarification the law director
noted that this is the second time this matter has come before Council. He reminded Council that the
issue upon remand is the drive through issue. He then advised Council that it takes four votes to
overturn or modify the BZBA position.
Mayor Marshall announced Mrs. Smith as the court reporter for this appeal hearing.
Appellant attorney Phil Wince provided Council with a packet of documents relevant to this
proceeding as part of the record. He stated that standards for conditional use should not be arbitrary,
judicious,unreasonable,or unconstitutional,as he believes the BZBA decision to be all of those. He
noted there is no ordinance in effect which would prevent drive throughs. He feels the failure to
approve this drive through would be discriminatory and unconstitutional. He also feels the nuisance
traffic issues,without evidence,are not a primary purpose for denying a drive through. He noted
several BZBA comments suggesting personal bias while lacking credible and reliable evidence. He
reiterated that the Ohio legislature states the sale of beer and wine at drive throughs is legal. Mr
Wince noted that Mr. Fackler has the proper license for the sale ofbeer and wine. He noted the Bexley
case and the traffic issues raised by the down BZBA, stating that traffic alone cannot be a reason to turn this permit.
Mr. John Owney,President ofArchitectural Lines and Architectural Reviews,a witness for the appellant,was sworn in by the court reporter.Mr.Owney,an architect,noted that he had attended both BZBA hearings. He stated his attempt was to develop this project with the sensitivity to the standards of building and zoning codes ofGranville. He noted several attempts were made to develop a project that addressed the issues of all concerned, incorporating a more pedestrian environment within the development,creating a bike path,confining drive through areas,providing screens and landscaping to hide certain areas,and giving special attention to signage. He feels they have exceeded the standards for this project.
Councilmember MeGowan referenceds "tacking"of vehicles in the drive through. Mr Owney's response was that vehicles could be lined up to two per line in the bank drive through, and five to six cars inside with two to two and one half stacked outside the deli drive through area.
Mr. Owney was excused.
Mr.Wince summarized Mr. Owney's testimony as addressing the issues raised by the BZBA with regard to noise,congestion,and creating a pedestrian friendly environment while accommodeting future surrounding development.
Mr. Joseph A. Ridgeway Jr.,a partner with ?engineering firm was sworn in as an appellant witness by the court reporter. He stated he had been involved in two traffic studies to satisfy issues brought forth by the BZBA. The first study showed Fackler's development would have very little impact on traffic in this area. The second study was to address issues raised by the BZBA with regard to the noon peak hours. He indicated his study was of a high usage drive through,choosing a highly generated drive through to err high when measuring factors. He noted that the village engineer
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concurred with the findings of his firm. It was the opinion of the architects that even with the highest
generation used,there would not be a substantial impact on traffic in this area. He stated that the use,
as Mr. Fackler had proposed,is not a volume type fast food operation. He pointed out that the architect
and owner had made provisions to provide for a pedestrian friendly atmosphere.
time.
Councilmember MeGowan expressed a concern with the waiting time of four cars in line at one
Mr. Wince noted that the original idea of this type of business was to encourage people to call
ahead or come inside to place and pick up orders while possibly purchasing other products during the wait.
Vice Mayor Freytag asked Mr. Ridgeway if he had ever studied this particular drive through.
He questioned Mr. Ridgeway in regards to the ITE manual in which the study was based. Vice Mayor Freytag then questioned the scientific certainty of such a study.
Mr. Ridgeway stated his traffic study included the project as a whole. He explained the
difficulty in scientific certainty,as in any traffic study. He indicated that in his opinion traffic surveying is not an exact science.
Councilmember Montgomery asked Mr. Ridgeway what the difference might have been had he
taken three drive throughs into consideration when studying the impact on this project.
Mr. Ridgeway stated he could have biased the report in favor of the drive developer by using three throughs instead of one which would result in lower averages. He chose instead to use the study which he familiarly knew as higher.
Vice Mayor Freytag asked Mr. Ridgeway if he had gone to Mr. Fackler to get his projections as htoetdhiedanmoto.unt oftraffic that would be generated by this development to which Mr. Ridgeway stated no
Mr. Ridgeway was excused.
Mr. Wince stated he had no more witnesses at this time.
Councilmember McGowan questioned the type of alcohol permit Mr. Fackler had,stating his recollection ofMr.Winces earlier comments led him to believe there were separate permits for carrycut wvsh.edthriever through and that Mr. Fackler had a permit to sell at a drive through location. He then asked or not Mr. Fackler would be able to do business without the drive through.
WincesMearr.lFiearckler responded that Councilmember McGowan was mistaken in his recollection of Air, comments.
Lon Herman ofthe BZBA was sworn in by the court reporter.
Councilmember Rader asked Mr. Herman what he meant by " undue"under conditional use
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criteria for approval in the finding of facts.
Mr. Herman stated there would be nuisances created such as congestion,fumes,hazards for
pedestrians,traffic,litter.
Councilmember Rader asked ifthis also applied to the bank.
Mr. Herman stated it did not because the bank was understandable in terms of the amount of
traffic in volume which was considerably less than that which would be generated by the drive through.
Councilmember Rader asked how Mr. Herman came to that conclusion.
Mr. Herman stated this was based on information provided by the applicant. Noting that the
amount oftraffic going through would be substantially different as opposed to a drive through.
Councilmember Montgomery referenced a paragraph in the finding of facts and asked for
specifics as to what particular food related business the BZBA had looked at.
Mr. Herman stated the Wendys operation and by information provided to the BZBA by village
officials. Mr. Herman then stated this drive though change. was a different product mix,as product mixes can
Law Director Hurst asked Council not to divert to things other than as report in the finding of facts as reported by the BZBA. He asked Council to focus on the report and any ambiguity that might exist from that report.
Following a discussion on the BZBA findings with regard to the traffic study,Councilmember Rader asked Mr. Herman why this was put in the statement. Mr. Herman stated he felt it was relevant and other portions ofthe finding offact explained this,adding that the evidence provided did not satisfy there would not be a problem with traffic. He suggested this particular traffic study didn't begin with accurate information concluding that village engineers decision was based on the methodology and not the accuracy ofthe study to begin with.
Mr. Herman was excused.
Law Director Hurst asked Council if there was any objection to the materials that had been submitted as previously stated by Mr.Wince prior to his exhibit. He then asked Mr.Wince to provide said exhibits to the court reporter for the record.
Following a five minute recess Mr. Wince gave his closing arguments. He noted the procedures Mr. Fackler had gone through and the changes that have been made to compromise this project with regard to lighting, landscaping,moving of cafes,and to make this development more pedestrian friendly. He reiterated the question ofthe drive through with regard to traffic impact noting that studies show no substantial impact to the area. He then added that this business development was designed to meet community and future development concerns from bike baths and shared drivewpy-s, to moving of the drive through from the caf6 area to eliminate fumes,while adding the increase :, 1
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property values, and employment increases. He noted the open lines of negotiation between Mr.
Fackler and Village committees and feels Mr. Fackler has compromised. He noted he had never tried
to mislead the BZBA about traffic studies and were always trying to err on the high side. He thanked
Council for their time and asked they reverse the BZBA decision.
Councilmember McGowan found no evidence to overrule the BZBA
Councilmember Eisenberg stated his disturbance that the BZBA has tried to set themselves up
as traffic experts. He has decided to cast his vote to grant the appeal with perhaps a few concessions
from Mr. Fackler.
Councilmember Rader noted he had problems with the finding of facts, although he is
concerned about the traffic impact in the area,he indicated he would vote to overrule the BZBA based
on the concession from Mr. Fackler that alcohol would not be sold in the drive through after 8:00pm.
Law Director Hurst noted that conditional use approvals are for specific uses, adding that
according to Chapter 1145 of the codified ordinances of the Village of Granville, uses cannot be changed without reapplication.
Vice Mayor Freytag stated his agreement with the BZBA's findings. He noted a concern about
BZBA did an excellentjob of evaluating the traffic study. He also stated the burden of proof is on the
the drive through selling alcohol and its impact on the amount of traffic it will generate. He felt the
applicant which he feels the applicant has not provided.
Councilmember Montgomery was in agreement with Councilmembers negotiating hours Eisenberg and Rader jn as related to the sell of alcohol at the drive through.
Mayor Marshall reminded Council that any site plan approval will come back to Council for final approval. He is in agreement with granting the drive through with modifications.
Following a brief discussion whereas the majority ofCouncil requested the drive through close at 8:0Op.m.,Mr. Fackler and Mr. Wince requested a briefdiscussion.
Alcohol Permit
Law Director Hurst notified Council of a notice of hearing from the Ohio Department of Commerce with regard to the application ofGeorge H. Fackler III .
Councilmember Freytag recommended Manager Hickman look at the minutes from tkie February 1993 Council meeting.
Council agreed that the Law Director should notify the Ohio Department of Commerce to cancel this hearing assuming that the minutes ofFebruary 1993 reflected no need to continue.
Phil Wince and George Fackler returned with the agreement and that although the BZBA had agreed to a closing time of 10:0Op.m. for the drive through,in order to comply with Council,the drive
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through would be open for alcohol sales from 7:00am to 8:00pm only.
Councilmember Eisenberg made a motion to grant the Fackler Appeal by overtuming the
BZBA decision,for the purpose of approval only and not for any franchise food operation,and that
Fackler agrees to negotiate in good faith with the Planning Commission for site plan approval,all the
necessary road improvements and traffic litigation matters. Fackler shall agree to provide reasonable
easements to the Village for the purpose of future improvements to Cherry Valley Road,that the same
general design shown in the architectural plans shall be maintained with changes approved by the
Planning Commission and that sidewalks will be retained on Newark- Granville and Cherry Valley
Roads,and the other changes as set forth in the transcript that Mr. Fackler has already indicated he is
willing to make. The restaurant hours shall be as desired and the drive through shall match the
restaurant hours with the exception that there shall be no sale of alcohol after 8:0Op.m. Seconded by Councilmember Rader.
Roll call vote: Eisenberg yes,McGowan no,Montgomery yes,Rader yes,Freytag no,Marshall
yes,Bellman absent.
Motion carried.
Law Director Hurst pointed out that the decision is not final until Council formally adopts the finding of facts.
Ordinance No. 109- 7,A "n Ordinance To Amend Section 1305.04 Of The Codified
Ordinances OfGranville,Ohiow",as introduced,its title read by Vice Mayor Freytag. Mayor Marshall set the public hearing on Ordinance No. 10-97 for August 6, 1997.
Ordinance No. 11-97,A "n Ordinance To Amend Section 1305.01 Of The Codified
Ordinances OfGranville,Ohiow",as introduced,its title read by Councilmember McGowan. Mayor Marshall set the public hearing on Ordinance No. 11-97 for August 6, 1997.
Ordinance No. 129- 7,A "n Ordinance To Amend Section 1175.02 Of The Codified Ordinances OfGranville,Ohiow",as introduced,its title read by Councilmember Rader. Mayor Marshall set the public hearing on Ordinance No. 12-97 for August 6,1997.
Ordinance No. 159- 7.A "n Ordinance To Amend Ordinance No. 429-6 Providing For Adjustments Of The Annual Budget For The Fiscal Year 1997 And Revising Sums For Operating Expensesw"a,s introduced,its title read by Councilmember Rader. Mayor Marshall the public hearing on Ordinance No. 159-7 for August 6, 1997. set
Resolution No. 972- 9,A "Resolution To Allow For The Donation Of Surplus Police Radio Equipment To The Central Ohio Technical College's And Licking County Joint Vocational School's Law Enforcement Officer Training Programsw"a, s introduced and read in full and moved for adoption by Councilmember Eisenberg. Seconded by Vice Mayor Freytag. Motion Carried. Resolution No. 97-29 was adopted.
First Presbyterian Church
Gary Stansbury,Planning Commission Chair,requested the approval from Council to hire
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Council Meeting Minutes
July 16, 1997
Page 10
an architect for the review ofthe First Presbyterian Church's renovation plans. He noted the
Planning Commission had several work sessions at which time the historic preservation was
addressed and additional questions surfaced. Keith Myers suggested the Planning Commission
seek advise from an outside architect.
Following a brief discussion,Council instructed Manager Hickman to pursue
Councilmember Eisenberg's suggestion and solicit the services of a few Granville architects to
donate their expertise to this project,possibly from a sentimental or historical value standpoint.
The alternative will be to pursue several different architects for estimates before making a selection.
ADJOURNMENT
Vice Mayor Freytag made a motion to adjouro, 4hq meeting at 11:4lp.m. Councilmember
Rader seconded. Motion carried.

Council Minutes June 18, 1997

VILLAGE OF GRANVILLE
COUNCIL MEETING MINUTES
June 18,1997
CALL TO ORDER
Mayor Marshall convened the meeting at 7:32 pm.
ROLL CALL
Those responding to the roll call were:
Councilmember Eisenberg
Councilmember McGowan
Councilmember Bellman
Councilmember Montgomery
Councilmember Rader
Vice Mayor Freytag
Mayor Marshall
Law Director Hurst
Councilmember Rader moved to excuse Manager Hickman. Councilmember MeGowan seconded.
Mayor Marshall recognized Chief Cartnal as sitting in for the Village Manager.
PUBLIC HEARING
A public hearing was held on Ordinance No. 139- 7,A "n Ordinance To Amend Ordinance No. 429-6 Providing For Adjustments For The Annual Budget For The Fiscal Year 1997 And Revising Sums For Operating Expenses."
No one appeared to speak for or against Ordinance No. 13-97. The public hearing closed at 7:34 p.m.
REVIEW AND APPROVAL OF MINUTES
The minutes of the regularly scheduled meeting of June 4,1997 were presented for review Councilmember Eisenberg moved to approve the minutes as corrected. Seconded by Councilmember Rader. Motion carried.
MAYOR'S REPORT
The Mayor's Report for the month ofMay was presented for review.
part of tMheasyeomr Minuatressh.all directed the clerk to file the report. A copy of that report is attached as
MANAGER'S REPORT
The Manager's Report for the month ofMay was presented for review.
Council asked the clerk to only include summary reports in future managers reports.
Village of Granville
Council Meeting Minutes
June 18, 1997
Page 2
Councilmember Eisenberg moved to accept the report. Councilmember Rader seconded.
Motion carried. A copy of said report is attached as part of these minutes.
CITIZENS COMMENTS
Those signing the register were:
Scott Rawdon
Troy Reed
Mary Fallebaum
Chief Cartnal announced a change in this years July 4h elementary field parade route noting the loss of the as a gathering location. This years parade will begin on West Broadway at the Sugar LoaSf/hepardson area.
COMMITTEE REPORTS
Councilmember Montgomery reported that at the June 9 Planning Committee meeting they, removed conditions put on the approval given at prior meeting to the Village Brewing Company,approved a striped awning 132 to 142 N. Prospect St.,approved a temporary sign at 130 N. Prospect,approved a banner for IGA at 44 S. Main,approved a zoning permit application and awning for 120 Linden Place,approved a garage for 214 S. Cherry St.,and conducted a work session with First Presbyterian church. She nontded the next meeting is scheduled for June 23, adding a reminder that meetings are now on the 2 and 41 Mondays ofthe month.
Councilmember Bellman reported that the Streets S&idewalks Committee met with the Village Manager and Service Director Zarbaugh on the north side of Thresher Street ( Sidewalks Committee minutes attached see Streets Hickman will be working with as part of these minutes).It was noted that Manager repair to the north side of Denison University toward the possibility of sharing the cost of Thresher Street.
Councilmember McGowan reported he has heard good things in response to the new stieet lights. He added a concern that some lights are higher than others.
OLD BUSINESS
Ordinance No. 139- 7,A "n Ordinance To Amend Ordinance No. 42-96 Providing For Adjustments For The Annual Budget For The Fiscal Year 1997 And Revising Sums For Operating Expensesw,"as reintroduced,its title read,and moved for adoption by Vice Mayor Freytag. Seconded by Councilmember McGowan.
FreytagRoll Call Vote. Eisenberg yes,McGowan yes,Bellman yes,Montgomery yes,Rader yes, yes,Marshall yes. Ordinance No. 13-97 was adopted
Village of Granville
Council Meeting Minutes
June 18, 1997
Page 3
Resolution No. 97-25,A Resolution To Award The Bid For Thresher Street Infrastructure
Improvements,As Per Specifications,To Lo-Debar,Inc.,And To Authorize The Village Manager
To Enter Into An Agreement Therefore.T (abled 64/9/7)Councilmember Bellman moved to
remove Resolution No. 97-25 from the table. Seconded by Councilmember Eisenberg. Motion
Carried. Resolution No. 97-25 was adopted.
NEW BUSINESS
Ordinance No. 14-97, An Ordinance To Vacate Certain Alleys Adjacent To Sunrise
Street"w,as introduced, its title read by Councilmember Montgomery. Mayor Marshall set Public Hearing on Ordinance No. 149-7 for July 16,1997. a
Resolution No. 972- 7,A Resolution To Adopt The 1998 County Tax Budget As Proposed And To Direct The Village Manager To Submit It To The County Auditor,was introduced and read in full by Councilmember McGowan. Second by Vice Mayor Freytag. Motion Carried. Resolution No. 97-27 was adopted.
Fackler Appeal
Mayor Marshall set the Fackler Appeal Hearing of the BZBA decision on the drive through condition for July 16, 1997.
Law Director Hurst instructed the clerk to notify Mr. Fackler of the appeal hearing by certified mail and to include a copy of Section 1137R "ules For Appeal"H. e then asked Council for their decision to determine whether the law director should serve as advocate for that position
or whether outside counsel should be brought in.
Following a discussion,Council decided outside counsel would not be necessary.
Vice Mayor Freytag inquired as to the funding of a court reporter.
Law Director Hurst noted that currently there is no provision in the ordinance requiring a deposit on an appeal to cover the cost of such fees.
OrdinanVciec.e Mayor Freytag requested the manager work on a revision to this part of the
Sugar Loaf
limit Mayor Marshall asked Chief Cartnal if there were any problems with reducing the speed on West Broadway from 35 mph to 25 mph.
ChiefCartnal wasn't sure ofthe legal requirements ofchanging the speed limit. changeLthaewspDeieredcltiomriHt.urst stated that ifwithin the corporate limits the Manager has the power to
patrollinCghief Cartnal informed Council that the officers were aware of the situation and were the area.
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It was decided to leave the speed limit at 35 mph and enforce same.
Proposed Salary Schedule
Councilmember Montgomery requested a work session be scheduled for July 30,7:00 in Council chambers pm to review Village Staff's 1998 proposed salary schedule.
Economic Council
Councilmember Bellman raised the issue of forming an Economic Council. He suggested
that people are somewhat in favor of this and would like Council to consider the possibility of such a council.
Mayor Marshall suggested seeing a work statement with an outline of what is expected from an Economic Council before proceeding.
Bike Path Easement
Mayor Marshall suggested Council review the draft and be prepared to for discussiond/ecision on July 16.
Councilmember Montgomery asked Law Director Hurst to possibly put his concerns vith this contract in writing for Council's review.
US Flag
Law Director Hurst inquired about the flag which was donated to the Village in March by tchheamfabmerisly. of D. Lindsay Ralston. At that time Council decided to hang the flag in Council
Chief Cartnal noted the flag was too large to hang in Council Chambers. He then 4smuggested hanging the flag annually on the front of the Village Office building for the week ofthe of July.
Council agreed.
ANNOUNCEMENTS
ADJOURNMENT
EisenbeVrgiceseMcoanydoerd.Freytag made a motion to adjourn the meeting at 9:08p.m. Councilmember Motion carried.

Council Minutes June 4, 1997

VILLAGE OF GRANVILLE
COUNCIL MEETING MINUTES
June 4, 1997
CALL TO ORDER
Mayor Marshall convened the meeting at 7:30pm.
ROLL CALL
Those responding to the roll call were:
Councilmember Bellman
Councilmember McGowan
Councilmember Montgomery
Councilmember Rader
Vice Mayor Freytag
Mayor Marshall
Manager Hickman
Councilmember Rader moved to excuse Councilmember Eisenberg and Law
Director Hurst. Seconded by Vice Mayor Freytag. Motion carried.
REVIEW AND APPROVAL OF MINUTES
The minutes of the regularly scheduled meeting of May 21, 1997, were presented for
review. Vice Mayor Freytag moved to approve the minutes as corrected. Seconded by Councilmember Rader. Motion carried.
CITIZENS COMMENTS
Those signing the register were:
See Attached List.
Troy Reed of 123 Wildwood Drive, requested Council use priorities when spending
Village tax dollars. He feels it is necessary to make the repairs to Thresher Street that he adding felt the road in its current condition is unsafe. He recommended open space be explored more before being pursued. He feels it is unwise to use Village money to purchase the proposed green space. He suggested that the lots be purchased with private funds with the Village possibly agreeing to maintain the area. He suggested another idea for possible funding was to join together the Village and Township and possibly consider a 1 mil tax levy.
Lon Herman of 328 Mt. Parr'iassus stated his support of the green space proposal. He also thanked Frank Murphy and Dan Bellman for their attempt in working together on this proposal. He feels the green space would serve as a park areag/athering point as wtlj as a rest stop for biker riders on the path. His suggested plans for funding this project; 1) funds budgeted, 2)capital expenditures. He also suggested short term options of financing the green space such as anticipation notes, variable rate bonds, etc.
Dorothy Garrett of 445 Donald Ross Drive noted that the 1994 Council and Township set up a committee to jointly study the development of the use of green space,
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Council Meeting Minutes
June 4, 1997
Page 2
adding that this subject still seems to be in limbo. She feels the current way to go on this
subject is to develop a Joint Parks District for Granville. She feels the purchase of five lots
is unreasonable. When considering the bike path, she feels it should not be routed up
through the area 25 or 50 feet from the road. She then stated her concern with regard to
the Streets and Sidewalks Committee's consideration of a proposal to eliminate the left turn
lane on Cherry Valley Road. She feels any elimination would force travelers to use the
hazardous"intersection at Newark Granville Road and S.R. 16.
Jim Siegel of 538 Mt. Parr'iassus, chairman for the Tree and Landscape Commission
submitted a report on the activities of the Commission in 1996. He noted this is the sixth
Tree City USA award. He thanked Council and the Service Department for their
participation.
Frank Murphy 368 Longford Drive requested permission to complete his section of
bike path along Newark Granville Road as quickly as possible. He added that
Councilmember Bellman approached him with regard to purchasing lots at Erinwood.
Brenda Boyle of 133 Wicklow Drive stated her presence before Council was to
represent the Village Green residents. She noted that in her opinion trees are essential in
softening the landscape. She then made reference to the Tree City USA flag hanging in
Council Chambers noting that she hoped all the trees in the area were perceived as
valuable. She noted that the majority of citizens responding to the Comprehensive Review
Plan Survey had a willingness to pay for green space adding that as the majority of
Granville residents use Newark Granville Road, everyone would highly benefit from this green space.
Lois Rose of 103 Bantry Drive stated that Ms. Boyle does not represent all of the
residents of the Village Green. She feels that green space is already gone with the
development well underway in the area. She noted a concern over where the money will
come from to buy these proposed lots. She feels Granville needs a long term direction
which should be enforced. She questioned the amount of and feels Granville should money spend in attorneys fees look at planning as well as how money is being spent.
Steven Katz of 221 E. Elm Street feels that green space gives this town its present charm. He noted Sugarloaf, the Broadway median, etc. and encouraged Council to acquire the proposed available green space stating it was the "right thing to do".He feels this will add value to living spacesand to the quality of life in Granville.
Bernice Siefert of 103 Shannon Lane noted that years ago Council had forced a developer to put sidewalks in the Erinwood development. She is now a resident of that area daonndeisargoreuantdful for those sidewalks. She stated that she is greatful for anything that istwas Granville.
Mary Fellabaum of 310 W. Elm Street agreed with Ms. Siefert. She added that once green space is gone then we cannot change our minds. She feels the green space would cboenasnideinrvtheisstmpreonptotsoalt.he community. She added that she hoped Council would seriously
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Council Meeting Minutes
June 4, 1997
Page 3
COMMITTEE REPORTS
Councilmember Montgomery noted the Planning Committee will meet on the 2nd and
z,t, Mondays of each month.
Councilmember Freytag reported he will be unable to attend the next meeting held
by both the Cemetery Board and Tree and Landscape Commission. He will communicate
with Manager Hickman with regard to a till-in on his behalf.
Councilmember McGowan noted the Recreation Commission sponsors the bingo
tents during the Fourth of July to benefit the ?house.
Councilmember Bellman noted the Streets and Sidewalks Committee's
recommendation to connect the bike path from Bryn Du to Cherry Valley Road assuming an
easement was obtained from Longaberger.
OLD BUSINESS
Erinwood Bike Path -
Councilmember Bellman showed an overhead of the Erinwood Development. He
feels that four developed lots in the Erinwood Addition would need to be purchased to save
an area for green space. He noted that he had been contacting benefactors outside the
Village for some of the financing of the purchase of these lots. He noted the advantage acquiring to the lots before the bike path goes in. He feels Council owes this to the residents
of Village Green and Erinwood Condominiums. He asked Council to think about committing the funds and if possible, find a way to acquire this land noting the four lots were a total of 3.1 acres. He suggested funds come from various budgeted accounts such as: $20,000
from service parking lot, 4$,190 from the Strategic Land Reserve Fund. He also feels it is appropriate to consider using some of the Park Land Reserve Fund. He noted
approximately 1$19,338 could be taken from the 1997 budget to purchase the Erinwood lots as proposed.
Councilmember Montgomery showed an overhead of undeveloped land in the East Side of Granville. She is concerned with the economics of buying land that has already been improved. She feels Council should be looking at unimproved land for green space. She would not feel comfortable acquiring improved land when there are other options. She noted the Comprehensive Plan Review Committee is looking into land use and should be coming forward with their recommendations. She also noted the staff spends a lot of time plouorkcihnagsaet. infrastructure and is not in favor of shifting funds to accommodate the proposed
Councilmember Rader noted the importance of the need for green space. However, he also noted the importance of staying within the course of infrastructure
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Council Meeting Minutes
June 4, 1997
Page 4
commitments. As he isn't comfortable with using budgeted money, his suggestion was to
create a committee to work on details of funding. He suggested to allow Mr. Murphy to
complete his portion of the bike path along Newark Granville Road at this time.
Vice Mayor Freytag noted several reasons he could not support this proposal: 1)
funds are not available, 2)not convinced this would be the best available lots for green
space, 3)money from Park Land Reserve Fund should be spent to improve Fanchion Lewis
property, 4)not in favor of buying premium already improved los, and 5)Bryn Du already has a reserve in the area.
Councilmember McGowan agreed with Councilmembers Montgomery, Rader and
Vice Mayor Freytag. He added he also sees Councilmember Bellmans desire to purchase
land as a positive impact on the community. He added that if creative funding could be
found, he would support Councilmember Bellman on acquiring the land.
Mayor Marshall stated his biggest objection was that the Village cannot afford to
purchase the lots at this time. He noted that $68,622 had been spent on legal fees in the
first five months of 1997. Some other concerns were 1) the General Fund already below well the minimum carryover, 2)he felt that once the money is budgeted, there should not be reshuffling of funds for other projects. He stated Council should stop this delay and allow the Murphy Group to continue as originally planned.
Mayor Marshall moved to carryout the prior agreement with the Murphy Group to
move the white fence back and continue with bike path as originally planned. Councilmember Montgomery seconded.
In favor were: Councilmembers Montgomery and Rader, Vice Mayor Freytag, Mayor Marshall. Councilmembers Bellman and McGowan opposed.
Mayor Marshall instructed Frank Murphy to continue with his portion of the bike path at Erinwood as originally planned.
Councilmember Rader noted the importance of funding for greenspace. He suggested if the Village was going to seriously consider green space, Council should possibly consider funding on the ballot.
It was noted that Council would keep the joint VillageT/ownship Parkland Reserve
Manager Hickman handed out a copy of the Easement Maintenance Agreement with
Fund Issue on the burner.
TJ Evans for Councils review.
NEW BUSINESS
Ordinance No. 139- 7 A"n Ordinance To Amend Ordinance No. 429-6 Providing For Adjustments For The Annual Budget For The Fiscal Year 1997 And Revising Sums For
Village of Granville
Council Meeting Minutes
June 4, 1997
Page 5
Operating Expenses", was introduced by Vice Mayor Freytag. Mayor Marshall set the public
hearing on Ordinance No. 13-97 for June 8, 1997.
Alexandria Water -
Vice Mayor Freytag suggested the contract between Alexandria and Granville (which
is to expire in 2000)for Water Service be reviewed and considered. He noted a decision
should be made prior to the end of the current contract for proper notification.
County Tax Budaet -
Manager Hickman noted the County Tax Budget needs to be acted on at the June 18 meeting. An explanation is forthcoming.
MEETING ANNOUNCEMENTS
Council unanimously agreed to cancel the meeting of July 2, 1997 fair. due to the street It was noted that there is an extra Wednesday in July if Council should need to meet.
ADJOURNMENT
Vice Mayor Freytag moved to adjoum the m McGowan seconded. Motion carried.

Council Minutes May 21, 1997

VILLAGE OF GRANVILLE
COUNCIL MEETING MINUTES
May 21, 1997
CALL TO ORDER
Vice Mayor Freytag convened the meeting at 7:30pm.
ROLL CALL
Those responding to the roll call were:
Councilmember Eisenberg
Councilmember Bellman
Councilmember Montgomery
Councilmember Rader
Vice Mayor Freytag
Law Director Hurst
Manager Hickman
Councilmember Bellman moved to excuse Mayor Marshall and Councilmember McGowan. Councilmember Eisenberg seconded. Motion carried.
REVIEW AND APPROVAL OF MINUTES
The minutes of the regularly scheduled meeting of for May 7, 1997, were presented review. Councilmember Eisenberg moved to approve the minutes as amended. Seconded by Councilmember Bellman. Motion carried.
MAYOR'S REPORT
The Mayor's Report for the month of- Nevember was presented for review.
Vice Mayor Freytag directed the clerk to file the report. A copy of said report is attached as part of these minutes.
MANAGER'S REPORT
ap42
The Manager's Report for the month of,Mareh was presented for review.
Councilmember Eisenberg moved to accept the report. Councilmember Rader seconded. Motion carried. A copy of said report is attached as part of these minutes.
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Council Meeting Minutes
May 21, 1997
Page 2
CITIZENS COMMENTS
Those signing the register were:
See Attached List.
Clifton Crais of 234 N. Pearl St. asked Council if the purchase of the Jones Road and Newark Granville corner of Road had been discussed as rumored. He than asked Council if any additional discussions had taken place with regard to the formation of an Economic Council. He encouraged Council to take the initiative to form this Economic Council group. He asked Manager Hickman how the College Street traffic situation was progressing.
Manager Hickman noted that the College Street transformation seemed to be successful and that the Streets and Sidewalks Committee would be making a recommendation soon. He also added that he had one recent verbal complaint. Vice Mayor Freytag noted the only discussion with regard to the northeast corner of Jones Road and Newark Granville Road came from Councilmember Bellman.
Bill Wernet of 134 S. Mulberry St. stated his support of Mr.Crais' thoughts. He also noted his endorsement for council to increase the amount of open space within the village limits, adding that according to the Comprehensive Plan Survey, people were willing to pay more taxes for the opportunity to acquire more open space.
COMMITTEE REPORTS
Councilmember Bellman reported he had attended a combination meeting of the Streets and Sidewalks Committee and Comprehensive Review Plan Committee to summarize Newark Granville Road. He noted that he and Councilmember Rader made a decision to place emphasis on the bike path and forego the sewer improvements at this time. He asked the Village Manager to pursue the easement along the Longaberger Cprooupnecritly. He stated that a recommendation to build the bike path would be given to at the June 4th meeting.
Councilmember Bellman noted that with regard to the five lots along Newark Granville Road, the only thing referenced during a Council meeting was trying to locate funds to acquire said lots. He envisioned a combination of funding between benefactors, charitable fundraising, and Village appropriations. He also noted a discussion during the meeting for the need of alternate ways to get into Westgate Drive in addition to heavy traffic flow into the downtown area. He suggested identifying and contacting some of the larger trucking firms and possibly initiating a friendly discussion about alternate routes.
Councilmember Montgomery reported that at the May 19 Planning Commissicn meeting, the following applications were approved; addition of a deck at 331 Spellman St.,a building addition at 195 Westgate Dr.,a building addition at 331 W. Maple St.,on
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Council Meeting Minutes
May 21, 1997
Page 3
expansion of Brews CaM at 128 E. Broadway.,a deck at the rear of 165 Newark
Granville Road, and a swimming pool and fence at 326 N. Granger St. The meeting also
included a work session with Brezina Construction with regard to the condominiums at
Mt. Pamassus. Councilmember Montgomery then noted that starting in June 1997,
Planning Commission meetings will be the 2nd and 4h Mondays of the month.
OLD BUSINESS
Cellular Towers
Patrice Gillespie from Mid Ohio Regional Planning Commission presentation gave a on cellular tower location planning. Ms. Gillespie stressed the importance of beginning discussions early and often when considering the addition of a wireless tower
to a community. She supplied Council with handouts which included a questionnaire to identify preferred sites for tower location. Ms. Gillespie noted that House Bill 291 gave townships the authority to zone for tower communication towers. She noted that cell
tower providers often prefer to locate in townships as a path of least resistance. House Bill 210 provides for Ohio Department of Transportation to allow wireless towers to locate
on rights of way. She also suggested developing a strategy with ODOT.
After a lengthy discussion between Ms. Gillespie, AirTouch Cellular, and Village Council, Council was polled with regard to preferred location of Airtouch's proposed cellular tower.
Councilmember Montgomery -1. BPF/iesta Villa, 2. George McMillan property, 3. Salt Run Park. Councilmember Eisenberg -1. BPF/iesta Villa, 2. George McMillan property, 3. Salt Run Park. Councilmember Rader -1. Salt Run Park, 2. George McMillan property, 3. BPF/iesta Villa. Councilmember Bellman -1. Salt Run Park, 2. George McMillan property, 3. BPF/iesta Villa. Vice Mayor Freytag -1. Salt Run Park, 2. George McMillan property, 3. BP/ Fiesta Villa.
Council instructed Manager Hickman to inform Township Trustees of Council's priorities for cellular tower location.
614 Area Code
Drew McFarland stated that he had filed a complaint with the PUCO with regard to Ameritech's proposed area code plan. He noted his complaint is based on two things: 1) priority should have been given to extended callers; and 2)the shape of the proposed area does not make sense. As it is proposed, Granville will be associated with Southeast Ohio instead of Central Ohio as it is located. Mr. McFarland feels the PUCO can change this proposal. He requested that the Village become a party to this complaint. He noted that he would not bill the Village for his services to this cause but would like to ask the Village Law Director for his input with regard to the Village's interest. Mr. McFarland introduced Licking County Commissioner Marcia Phelps who was attending this meeting as a show of support from Licking County Planning Commission.
Village of Granville
Council Meeting Minutes
May 21, 1997
Page 4
Marcia Phelps commended Mr. McFarland in his active roll in the area code
issues. Ms. Phelps also noted the importance of all of Licking County remaining in one
area code. She stated that the Commissioners where meeting the following day and her
recommendation would be to file a complaint. She wanted Granville to be informed of the
direction that Licking County Commissioners were going.
Law Director Hurst added he will assist in monitoring and protecting the Villages
interest if Council decides to become a supporting party.
Mr. McFarland stated that if it becomes necessary to take an appeal to tile
Supreme Court, Council could decide to withdraw at that time.
Councilmember Rader made a motion to support Mr. McFarlands Complaint9 #7-
547-TP-CSS and become a party Plaintiff. Seconded by Councilmember Montgomery.
Councilmember Bellman abstained. Motion carried.
NEW BUSINESS
Resolution No. 97-25, A Resolution To Award The Bid For Thresher Street
Infrastructure Improvements, As Per Specifications, To Lo-Debar, Inc.,And To Authorize
The Village Manager To Enter Into An Agreement Therefore was introduced and read in
full by Councilmember Bellman. Seconded by Councilmember Eisenberg.
Service Director Zarbaugh explained the bid as being 1)a base bid of $87,149.00
to cover from College St.,to Broadway; 2)Alternate 1 of $55,612.00 for the north end of
Thresher St.;and 3)Alternate 2 for a proposed sidewalk on the east side of Thresher St.
from College St. to Burg St. noting that this section of sidewalk is part of pathway plan.
Mr. Zarbaugh does not recommend implementing the Alternate 2 proposal at this time.
He does recommend amending Resolution No. 97-25 to include $ 55,612 for Alternate 1 north end of Thresher St.).
Manager Hickman noted that the proposed $ 20,000 budgeted in 1997 for repaving
of the Service Department parking lot can be appropriated toward the funding of Thresher Street Alternate 2.
Councilmember Bellman questioned whether we should spend the money on this
sort of project. He feels the $20,000 budgeted for the Service Department parking lot should be put back into the General Fund.
A brief discussion ensued.
Ms. Jung of 220 Thresher St.,stated a concerned that the drainage problem would
not be solved with the proposed improvements.
Service Director Zarbaugh offered to organize a meeting between Village
Engineers Bird &Bull, the Jung's, and himself to discuss the proposed improvements as it relates to the Jung property.
Vice Mayor Freytag suggested the engineers give their confirmation in writing that
the improvements to north Thresher Street would resolve the water problems.
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Councilmember Rader made a motion to table Resolution No. 97-25. Seconded
by Councilmember Eisenberg. Motion carried. Resolution No. 97-25 was tabled.
Resolution No. 97-26, A Resolution To Wish Lenna S. Dixon A Happy Birthday,
was introduced and read in full by Councilmember Bellman, seconded by Councilmember
Rader. Motion carried. Resolution No. 97-26 was adopted.
Councilmember Montgomery asked if Council should consider an Executke
Session with regard to the moratorium citizen appeal.
Law Director Hurst noted an Executive Session was not in order tonight and
recommended waiting until possibly the next Council meeting.
ANNOUNCEMENTS
Law Director Hurst advised Council that the Marathon case has now been
appealed to the 5th District Court.
ADJOURNMENT
Councilmember Rader made a motion to adjourn the meeting at 10:04pm. Councilmember Eisenberg seconded. Motion carried.

Council Minutes May 7, 1997

VILLAGE OF GRANVILLE
COUNCIL MEETING MINUTES
May 7, 1997
CALL TO ORDER
Mayor Marshall convened the meeting at 7:35pm.
ROLL CALL
Those responding to the roll call were:
Councilmember Eisenberg
Councilmember McGowan
Councilmember Montgomery
Vice Mayor Freytag
Mayor Marshall
Law Director Hurst
Manager Hickman
Councilmember Freytag Councilmember moved to excuse Councilmember Rader. Seconded by McGowan.
PUBLIC HEARING
A public hearing was held on Ordinance No. 079- 7, A"n Ordinance To Amend Ordinance No. 429-6 Providing For Adjustments For The Annual Budget For The Fiscal Year 1997 And Revising Sums For Operating Expenses."
No one appeared to speak for or against Ordinance No. 079-7. The public hearing closed at 7:41 pm.
Councilmember Bellman arrived.
REVIEW AND APPROVAL OF MINUTES
The minutes of the regularly scheduled meeting of April 16, 1997, were presented for review. Councilmember Eisenberg moved to approve the minutes as amended. Seconded by Councilmember McGowan. Motion carried.
CITIZENS COMMENTS
Those signing the register were:
See Attached List.
Carl Wilkenfeld, 317 W. Elm, read a statement relating to several areas of concern. mMianyuotresM.arshall asked that he provide the clerk with a copy to be attached as part of these
Troy Reed of 123 Wildwood Dr, spoke out against the proposal to relocate the AirTouch Cellular tower to the Wildwood Park area. He stated he had met with several neighbors who were unaware of this plan and after learning such details, voted unanimously against such a proposal. Mr. Reed also opposed any variance which would allow the construction of said tower in the park area. He voiced a concern for safety if the tower is
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Page 2
relocated to the park area, stating that this would only be an challenging obstacle or barrier
for some children to overcome.
of ?N?. Mulberry voiced her agreement with the first speaker.
Clifton Crais of 234 N. Pearl St.,hopes Council will appeal the decision on the
unconstitutionality of the moratorium. He feels there is still a lot of work to be done, and that
such a ruling sends a chilling message to the community and those who will face difficult
decisions in the future. He added that the town of Gambier recently passed a moratorium
identical to Granville's which was fully supported by their solicitor. He again asked Council
to appeal the moratorium decision.
Margaret Clayton of 328 Fern Hill Rd.,added her wish for a moratorium appeal.
Constance Barsky of 221 E. Elm St. added her wish for Council to appeal the
moratorium decision. · She feels that the village attorney may not have defended the
moratorium as it should have been, and is disheartened by comments made over the last
several months, from members of council, about their unwillingness to appeal a decision.
She asked what it would take for the citizens to submit an appeal at their expense?
COMMITTEE REPORTS
Councilmember McGowan thanked everyone for their vote on the recreation levy.
Summer programs will be announced by the end of the month.
Councilmember Bellman reported that the Comprehensive Plan Review Committee would like to see a review of the plan on an annual basis.
Councilmember Eisenberg agreed with setting up procedures for an annual review of the plan. However, he feels that this process should be defined.
Mayor Marshall mirrored Councilmember Eisenberg's opinion. -
Manager Hickman would like to see a recommendation from a review committee sometime between July and October in time for annual budget approval.
Councilmember Bellman reported that the Streets and Sidewalks Committee met to. discuss Cherry Valley Road.
Mayor Marshall asked Councilmember Bellman to summarize the traffic studies done last year.
Councilmember Bellman stated he would get a copy to Mayor Marshall. He commented that Planner Reza Reyazi has a good traffic background and suggested that he be used to give rough calculations for NewarkG- ranville Rd. He added that the committee is heading in the direction of putting off some of the more expensive storm sewer work to concentrate on the bike path connection from Bryn Du to Welsh Hills School. Mayor Marshall asked that the Streets and Sidewalks Committee have a recommendation by the next council meeting.
Councilmember Montgomery reported that the Planning Commission held a meeting on April 21 approving zoning permits for 327 W. Elm St.,and 113 E. Elm St. She added that there had been a work session regarding construction plans for First Presbyterian
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Page 3
Church, and a work session with Denison concerning a possible parking lot (which has
since been withdrawn). A meeting was held May 5 approving a picket fence at 211 S.
Main St.,temporary signage at 745 Cherry Valley Road, and first phase renovation at 212
E. Main St. The next Planning Commission meeting is on Monday, May 19. Starting in
June, meetings will be held on the second and fourth Mondays.
OLD BUSINESS
Ordinance No. 079- 7 -A "n Ordinance To Amend Ordinance No. 429-6 Providing For
Adjustments For The Annual Budget For The Fiscal Year 1997 And Revising Sums For
Operating Expenses",was reintroduced and moved for adoption by Councilmember
Eisenberg. Seconded by Vice Mayor Freytag.
Councilmember Bellman questioned the additional money appropriated for the law
expense. He noted his recollection that extra funds had been added to this account during
last years budget. -
Manager Hickman explained the shortage of funds due to unexpected legal
expenses beyond the already increased 1997 appropriation.
Roll Call Vote: Eisenberg yes, McGowan yes, Bellman no, Montgomery yes, Freytag
yes, Marshall yes. Five yes votes. Ordinance No. 07-97 was adopted.
NEW BUSINESS
Joseph Magdich of Seasongood &Mayer, presented Council with detail regarding Ordinance No. 089-7 and Ordinance No. 09-97 certifying that this comes out of next years tax collections. He noted the 8$00,000 and 8$9,000 are renewable for six months at a rate of 4.41%each.
Ordinance No. 089- 7 -A "n Ordinance Providing For The Issuance Of 8$9,000 Of Notes By The Village Of Granville, Ohio, In Anticipation Of The Issuance Of Bonds For The Purpose Of Paying Part Of The Cost Of Constructing Improvements To The Municipal Sanitary Sewer System, And Declaring An Emergency"w,as introduced and its title read by Councilmember Montgomery.
Councilmember Montgomery 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, Freytag yes, Marshall yes. Six yes votes. The emergency clause for Ordinance No. 089-7 was adopted.
Councilmember Montgomery then moved for the adoption of Ordinance No. 089-7. 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. 08-97 was adopted.
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Ordinance No. 099- 7 -A "n Ordinance Providing For The Issuance Of 8$00,000 Of
Notes By The Village Of Granville, Ohio, In Anticipation Of The Issuance Of Bonds For The
Purpose Of Paying Part Of The Cost Of Constructing Improvements To The Municipal
Sanitary Sewer System, And Declaring An Emergency",was introduced, its title read by
Vice Mayor Freytag.
Vice Mayor Freytag moved to adopt Section 14, the emergency clause, and read
that section in its entirety. Seconded by Mayor Marshall.
Roll Call Vote: Eisenberg yes, McGowan yes, Bellman yes, Montgomery yes,
Freytag yes, Marshall yes. Six yes votes. The emergency clause for Ordinance No. 09-97
was adopted.
Vice Mayor Freytag then moved for the adoption of Ordinance No. 09-97. Seconded
by Mayor Marshall.
Roll Call Vote: Eisenberg yes, McGowan yes, Bellman yes, Montgomery yes, Freytag yes, Marshall yes. Six yes votes. Ordinance No. 09-97 was adopted.
Resolution No. 972- 4 -A "Resolution To Award The Bid For Street Painting, As Per
Specifications, To Griffin Pavement Striping, Inc.,And To Authorize The Village Manager To EAter Into An Agreement Therefore",was introduced, its title read and moved for adoption by Vice Mayor Freytag. Seconded by Councilmember McGowan. Resolution No. 97-24 was adopted.
Cellular Towers
Tony Mercuri, Real Estate Manager for AirTouch Cellular spoke to Council, at the request of the Township and Village, with regard to relocating the cellular tower already proposed for an area behind Fiesta Villa, with which a contract has been signed. Mr. MercuM approached the Council table with location maps and drawings, and an informal discussion took place.
Manager Hickman noted that the proposed Village location was west of the well field near "White Point".
Mayor Marshal and Councilmember Eisenberg stated no strong feelings about relocating the tower to Village property.
Vice Mayor Freytag asked Mr. Mercuri for an additional two weeks to look for an alternative location while giving time for citizen input.
Councilmember McGowan agreed with Vice Mayor Freytag in his request for time to research the options.
tower. Councilmember Bellman voiced a concern for the citizens input in the location of this
Mr. Mercuri noted he must have a building permit by May 30. Mr. Mercuri will fax a map of possible location areas.
the fronCt oduenskcilmember Bellman requested Manager Hickman leave a copy of this map at for interested citizens to review.
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Golf Team Sians
Mayor Marshall relayed to Council the request of Mr. James Legg with regard to
posting signs at Village entrances recognizing the Granville High School golf team in there
State Championship accomplishment.
It was agreed by Council that such signage was not appropriate at Village entrances.
It was suggested that said signage could be better displayed at or around the school area.
Manager Hickman will notify Mr. Legg of Council's decision.
EXECUTIVE SESSION -MORATORIUM APPEAL
Vice Mayor Freytag moved to enter into executive session to discuss the possibility
of an appeal of the court's decision of moratorium unconstitutionality at 9:30pm. Seconded
by Councilmember McGowan.
Roll Call Vote: Eisenberg yes, McGowan yes, Bellman yes, Montgomery yes, Freytag yes, Marshall yes. Six yes votes. Motion carried.
Councilmember Bellman excused himself as he is unable to vote on moratorium
issues.
Councilmember McGowan made a motion to return to regular session at 10:15pm. Seconded by Vice Mayor Freytag.
Roll Call Vote: Eisenberg yes, McGowan yes, Montgomery Marshall yes. Five yes, Freytag yes, yes votes. Motion carried.
MORATORIUM APPEAL
Upon returning to regular session, Councilmember Montgomery made a motion that Council not appeal the unconstitutionality ruling of the moratorium. Seconded by Councilmember Eisenberg.
Roll Call Vote: Eisenberg yes, McGowan no, Montgomery yes, Freytag no, Marshall
yes. Three yes votes. Motion carried. The moratoMum unconstitutionality ruling will not be appealed by Village Council.
ADJOURNMENT
Councilmember Eisenberg moved to adjoum
Freytag seconded. Motion carried.

Council Minutes April 16, 1997

VILLAGE OF GRANVILLE
COUNCIL MEETING MINUTES
April 16,1997
CALL TO ORDER
Mayor Marshall convened the meeting at 7:38pm.
ROLL CALL
Those responding to the roll call were:
Councilmember Eisenberg
Councilmember McGowan
Councilmember Bellman
Councilmember Montgomery
Councilmember Rader
PUBLIC HEARINGS
Vice Mayor Freytag
Mayor Marshall
Law Director Hurst
Manager Hickman
Ordinance No. 06-97,An Ordinance To Amend Chapter Ordinances 1175 Of The Codified OfThe Village of Granville,Ohio.
Mayor Marshall noted the five minute limit on citizens remarks regarding the public hearing on Ordinance No. 069-7. He noted this was a public hearing and that all statements or comments regarding this ordinance must be done during the public hearing.
Bill Wernet of 134 S. Mulberry St.,noted the original draft of Ordinance No. 069-7 as passed by the Comprehensive Plan Review Committee differs from the current draft as presented this evening and that the current draft reflects changes as a result of comments from the citizens survey and discussions with the developers of the area. He noted,with regard to the 1 96 and 2 wStoouryldrequirements for offices and retail businesses that the goal is to receive increased taxes as it cost more to build such a building.
Frank Murphy of The Murphy Group,noted his concern with regard to permitted arid conditional uses. Mr. Murphy stated his wish to include the wordss "uch as"under permitted uses. Mr. Murphy would like to see an increase of density per acre to 6,000 sq. feet instead of 5,000 sq. feet under 1175.03. He also noted that an individual should have the right to make a Gderociuspionlanodnphloawnnmearan/rychsitteocrite.s to build. Mr. Murphy then introduced Jack Hardin,the Murphy
under pJearcmkittHeadrdin,asked what process one would need to go through if project was not listed or conditional use.
Mayor Marshall stated he presumed one would ask for a variance.
Councilmember Bellman stated the ordinance could be easily edited later to included additional uses.
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Council Meeting Minutes
April 16, 1997
Page 2
Law Director Hurst encouraged Council to take a permanent stand on the permitted a id
conditional use issue. He added that if the permitted use list is not intended to be all inclusive,
Council should consider using s*u' ch as"as an alternative.
Jack Hardin inquired as to the time frame required for the Planning Commission to make a decision on conditional use.
It was noted that according to the Charter, the Planning Commission makes a decision within a 45 day time frame.
Frank Murphy thanked Bill Wernet and the Committee for their cooperation throughout
this process and added that he felt it was time to get this issue passed and get this Village back together.
Carl Wilkenfeld of 217 W. Elm St.,expressed concern that conditional uses like gas stations,hotels,motels and convenience stores,are not what the community wants. He asked for clarification as to how such a situation would be handled.
Law Director Hurst stated that anything listed as conditional use would be treated as would
any other conditional use and must meet the criteria of the Board ofZoning and Appeals.
Mr. Wilkenfeld stated that since the citizens of Granville do not want these in the Village how can Council assure that citizens of Granville get what they want.
Mayor Marshall noted that gas stations were not listed on the survey,and suggested that Council would consider this during the old business section of this agenda.
Clifton Crais of 224 N. Pearl St. asked that Council not increase square footage per acte to 6,000 and suggested that introducing the words s"uch as"would provide ambiguity. He added that he does not support these changes.
Judith Thomas of 4 Sheppard Place is in favor the idea that if something is not clear as to permitted use,then it should be a considered as conditional use and handled as conditional use.
Constance Barsky of 221 E. Elm concurred with Ms. Thomas regarding the use of *su'ch caosns"fiostrenpceyrmitted uses. She added that the committee worked very hard to come up with a with the downtown area. She noted that as long as the Comprehensive Plan is reviewed on a yearly basis constant input would be included. Ms. Barsky asked Council to support the ordinance as written by the Committee.
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Dorothy Garrett of 45 Donald Ross Dr.,expressed concern that comments are implicating
that the majority of the Village feels the same way as the committee. Her view is that the only
majority was for the passing ofthe moratorium.
Constance Barsky, stated that what the citizens want is clearly defined according to the
specific responses to the latter part of the survey,and during public hearing responses.
Lyn Robertson of 342 N. Granger,stated that as a member of the Planning Committee,she
sees difficulty with the proposeds "uch as"language. Ms. Robertson added that she felt the sun,ey was pretty clear as to what the citizens want.
The public hearing on Ordinance No. 06-97 closed at 8:04pm.
REVIEW AND APPROVAL OF MINUTES
The minutes of the regularly scheduled meeting of April 2, 1997, were presented for review. Councilmember Montgomery moved to approve the minutes as amended. Secondea ly Councilmember Eisenberg. Motion carried.
MAYOR'S REPORT
The Mayor's Report for the month ofNee¥mber was presented for review.
Councilmember Rader noted that traffic citations were up.
enforceMmaenyot r Marshall noted this was due to excessive speeding and the citizen pressure for of traffic laws.
Mayor Marshall directed the clerk to file the report. A copy of that report is attached as part ofthese minutes.
MANAGER'S REPORT
The Manager's Report for the month of March was presented for review.
Councilmember Rader inquired with regard to the H"ealth DepartmenC'expense.
Manager Hickman noted that the County Health Services Fee is divided equally among the surrounding communities,and this was not a negotiable fee.
Councilmember Bellman noted that tax revenues were down the first two months of 1997. He asked that Manager Hickman or Asst. Finance Director Molly Roberts to review.
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Council Meeting Minutes
April 16, 1997
Page 4
fund.
Councilmember Montgomery asked if the Cops Fast Grant Fund was a " use it or lose it"
Manager Hickman noted that the balance in the Cops Fast Grant Fund would be expended.
Mayor Marshall noted that the WaterW/ astewater Department continually worked well
within the limits set by the EPA and commented on their good operations.
Councilmember Eisenberg moved to accept the report. Councilmember Radar seconded.
Motion carried. A copy of said report is attached as part of these minutes.
CITIZENS COMMENTS
Those signing the register were:
See Attached List.
Carl Wilkenfeld of 317 W. Elm St. asked that the record show that he suggests that if the court upholds the current moratorium,Council should extend the moratorium for 90 days allowing the Comprehensive Review Plan Committee to finish their work.
Drew Mcfarland of 120 V E. Broadway brought up the area code issue. He noted that Ameritech is attempting to split Granville from the 614 area code. He added that Delaware and Marion Counties had raised their concern with positive results adding that he was told that Granville hadnt' been considered as there had been no concern raised a(side from himself)from this community. He added that Ameritech will listen to governmental entities and asked that Council use a resolution or other action in coordination with the Newark community and surrounding areas to rally Ameritech against this change. Mr. McFarland is concerned that this community will be cut off from Franklin. He asked Council to consider a resolution tonight.
be introLdaucwedDirector Hurst suggested Mr. McFarland draft suggested language for a resolution to tonight.
Mayor Marshall stated this could be taken up under New Business.
COMMITTEE REPORTS
Councilmember Montgomery noted that the Planning Committee met April 7, 1997 and approved the following: a porch at 127 W. Maple, zoning permit application at Granville Mill 400 S. Main,raising ofa roofat 332 E. College St.,a garage at 124 S. Cherry,and a garden shed
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Council Meeting Minutes
April 16, 1997
Page 5
at Wildwood Park for the Granville Junior Gardners. The next meeting is scheduled for Monday,
May 5,1997.
Councilmember McGowan noted that the Recreation Commission M mil replacement levy
will be on the May 6 ballot.
Vice Mayor Freytag noted the Tree and Landscape Committee still wishes to receive $ 500
for tree trimming while another $1,000 for additional trees is preferred. He noted the Union
Cemetery walking tour is scheduled for June 11.
Manager Hickman added that a special appropriation is included in Ordinance scheduled for 07-97 introduction this evening,for the trimming of trees.
Councilmember Bellman scheduled a Streets and Sidewalks meeting for April 30. He again reminded Mayor Marshall that Council representation is down to two Council members.
OLD BUSINESS
Mayor Marshall announced that Law Director Hurst had won the Marathon Oil case. The Mayor complimented the Law Director on ajob well done.
Ordinance No. 069-7, An Ordinance to Amend Chapter 1175 Of The Codified Ordinances OfThe Village OfGranville,Ohio.
Following a discussion and review of draft Ordinance No. 069-7, Council made several revisions. It was noted that the languages "uch as"would not be used in the P"ermitted and Conditional Uses"ection of 1175.03. Also note that Building Style requirements would remai.1 at 1.5 stories and a maximum of 2 stories for office buildings with a minimum of 2 stories in appearance and 2.5 stories maximum for all other buildings. Residential buildings shall be a minimum of 1.5 stories and a maximum of 2.5 stories. It may also be noted that 5,000 gross square feet per acre would remain in Section 1175.03.
Mayor Marshall asked that Council reconsider the section which pertains to C"olors"H. e asked that this section be removed. A vote was taken around the table: Eisenberg in,MeGowan in, Bellman in,Montgomery out,Rader in, Freytag in, Marshall out. Section 1175.03 of the ordinance pertaining to colors will remain.
Ordinance No. 069-7 was rei-ntroduced as an emergency measure, and its title and MemceGrogewnacny. clause read by Councilmember Montgomery. Seconded by Councilmember 1
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Roll call vote: Eisenberg yes,McGowan yes,Bellman yes,Montgomery yes,Rader yes,
Freytag yes,Marshall yes. Emergency measure accepted.
Vice Mayor Freytag made a motion to accept the changes to Ordinance No. 06-97 as
amended. Second by Councilmember Montgomery.
Roll call vote: Eisenberg yes,McGowan yes,Bellman yes,Montgomery yes, Rader yes, Freytag yes,Marshall yes. Motion carried.
Councilmember Montgomery moved to adopt Ordinance No. 06-97 as amended.
Seconded by Councilmember Eisenberg.
Roll call vote: Eisenberg yes,MeGowan yes,Bellman yes,Montgomery yes, Rader Freytag yes,Marshall yes, yes. Ordinance No. 06-97 was adopted as amended.
Bill Wernet thanked Council, members of the Comprehensive Planning Review
Committee, and the citizens of the Granville community for their cooperation in bringing this community back together.
NEW BUSINESS
Ordinance No. 07-97,A "n Ordinance To Amend Ordinance No. 429-6 Providing For Adjustments Of The Annual Budget For The Fiscal Year 1997 And Revising Sums For Operating Expensesw",as introduced,its title read by Councilmember Eisenberg.
Public Hearing on Ordinance No. 07-97 was set for May 7,1997 at 7:30pm.
614 Area Code Changes
Drew McFarland presented Council with a draft for Resolution No. 972- 3,A "Resolution In Opposition To Telephone Area Code Reassignment For Granville,Ohio."
A motion was made to pass Resolution No. 97-23 tonight. Motion carried.
Manager Hickman was asked to contact other community leaders for support ofthis action.
ANNOUNCEMENTS
1 Note: Ben Rader will be unable to attend the May 7 Council Meeting.
Village of Granville
Council Meeting Minutes
April 16, 1997
Page 7
ADJOURNMENT
Vice Mayor Freytag made a motion to adjourn the meeting at 10.28pm. Councilmember
Rader seconded. Motion carried.

Council Minutes April 2, 1997

VILLAGE OF GRANVILLE
COUNCIL MEETING MINUTES
April 2,1997
CALL TO ORDER
Mayor Marshall convened the meeting at 7:34pm.
ROLL CALL
Those responding to the roll call were:
Councilmember Eisenberg
Councilmember McGowan
Councilmember Bellman
Councilmember Montgomery
Councilmember Rader
REVIEW AND APPROVAL OF MINUTES
Vice Mayor Freytag
Mayor Marshall
Law Director Hurst
Manager Hickman
The minutes ofthe regularly scheduled meeting ofMarch 21, 1997, Councilmember Eisenberg moved were presented for review. Rader. Motion carried. to approve the minutes as amended. Seconded by Councilmember
CITIZENS COMMENTS
Those signing the register were:
See Attached List.
Jane King of 439 N. Granger St. asked Mayor Marshall if his comments as quoted in the Advocate were correct and what proposed changes he had in mind.
Mayor Marshall suggested that the ordinance be reviewed in work sessions or public hearings. He added,for example,there were no provisions for veterinarian or real estate offices,however he had nothing specific in mind when the statement was made to the Advocate.
Bill Wemet of 134 S. Mulberry St.t,hanked members ofthe community for participating in the Suburban Business District Ordinance. He then pointed out that the Committee still regards this draft as a working document. Mr. Wemet asked Council to introduce the ordinance this evening and to possibly schedule a working session for refining concerns and focusing on the issues. Mr. Wernet thanked Council,the various committees and citizens for their participation in this proposal.
Eloise DeZwarte of 338 E. College St.,asked what would happen if this ordinance is not in pcolamceinogninthe day the moratorium expires. She asked ifexisting zoning ordinances apply to applications as of that date?
Mayor Marshall stated that to the best of his knowledge,there were no pending applications. The Mayor suggested that there will be plenty of time for an ordinance to take effect before hearings on applications coming in after May 5)by the Planning Commission and BZBA are complete.
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Council Meeting Minutes
April 2, 1997
Page 2
Councilmember Bellman asked the Law Directors opinion on whether an application that was
filed before the ordinance was passed goes under the o"ld ruleso" r n"ew rules".
Law Director Hurst stated that an ordinance of this type,if not passed as an emergency,does
not become effective for 30 days. He suggested Council make the decision as to adding an emergency clause.
Lyn Robertson of 342 N. Granger St.,stated that as a member of the Planning Commission,
they have always complied with the law. She is concerned that the moratorium will run out and there
won't be any changes in the zoning code to guide the Planning Commission. She added that the Planning Commission is very careful in complying with the 45 day rule.
Mayor Marshall pointed out that by April 21 the court will decide whether or not the moratorium is unconstitutional. He stated that there is plenty of time between that point and the expiration of the moratorium to extend the moratorium.
Lyn Robertson expressed concern that if the moratorium is declared unconstitutional and lzaownsin.g changes are not made,there would be no way to turn away applicants under the old zoning
Councilmember Eisenberg stated that whether or not the moratorium is found to be unconstitutional,there is still the need to proceed as quickly as possible to modify the zoning ordinance. He stated that he would rather extend the moratorium than rush the zoning ordinance revision. He added that he would support a moratorium extension in that scenario.
Clifton Crais of 234 N. Pearl St. ,suggested that Council do the traffic impact study and ask the businesses to pay for it as opposed to relying on the study being done by the businesses.
Phil Wince of 2350 W. Broadway asked Law Director Hurst if he had considered whether or not the introduction ofthis ordinance was in violation ofthe moratorium.
agenda.Law Director Hurst concluded that he would answer that when Council reached that part ofthe
Richard Salvage of 73 Berline Ct, asked if there was anything new regarding the referendum petition hearings at the Board ofElections and ifthe Village would be represented at those hearings.
attendinIgtthweahseanroitnegd. that Village Clerk Beverly Adzic and Councilmember Eisenberg would be
Valley Road drawings were impressive,however,she had several unanswered questions.
Sandy Plunkett of 427 W. College St. expressed concern that an emergency measure on the SBD ordinance would take away the referendum rights ofcitizens. Ms. Plunkett stated that the Cherry
District Bfoirll Wemet invited Ms. Plunkett to attend working sessions regarding the Suburban Business answers to her concerns.
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Council Meeting Minutes
April 2, 1997
Page 3
COMMITTEE REPORTS
Councilmember Bellman suggested the Streets and Sidewalks Committee schedule a meeting
and noted to the Mayor that the Committee is in need of a replacement for Mr. Drake.
Councilmember McGowan noted that the Recreation Commission postponed its meeting until
next week because of spring break.
Councilmember Montgomery noted that the next Planning Commission meeting would be
Monday,April 7:
NEW BUSINESS
Resolution No. 972- 1 -A "Resolution To Authorize The Village Manager To Advertise For Bids For Thresher Street Infrastructure Improvementsw",as introduced, read in full and moved for adoption by Councilmember Bellman. Seconded by Councilmember McGowan. Resolution No. 97- 21 was adopted.
Resolution No. 972- 2 -A "Resolution To Award The Bid For The Micro Surfacing Of Village Streets For 1997 To Strawser Inc. And To Authorize The Village Manager To Enter Into An
Agreement Therefor"w,as introduced, read in full and moved for adoption by Councilmember Bellman. Seconded by Councilmember McGowan.
Following a discussion regarding the alternate bid for micro surfacing ofNewarkG- ranville Rd. Councilmember Freytag suggested the alternate be funded from the Road Improvement Reserve Fund.
Manager Hickman will prepare an Ordinance to make an appropriation for 5$1,910 from the Road Improvement Reserve Fund.
Mayor Marshall moved to amend Section I ofResolution No. 972-2 to include the alternate bid for a total of $94,716.39. Councilmember Montgomery seconded.
Resolution No. 97-22 was adopted as amended.
Ordinance No. 6-97 -Suburban Business District Proposal
Law Director Hurst shared his concern that if an ordinance is substantially changed between tshcehetdimuleedof introduction and the public hearing ,the ordinance may have to be rei-ntroduced and for another public hearing.
Vice Mayor Freytag suggested the introduction of this ordinance tonight. He added that if emmaejorrgechnacnyg. es were made to the ordinance Council could start with a new ordinance and pass it as an
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April 2, 1997
Page 4
Law Director Hurst, responding to the question of his opinion on the introduction of this
ordinance, stated that he does not feel the introduction violates the moratorium. He added that if
Council takes action prior to the expiration of the moratorium, a section could be added to the
ordinance stating that this ordinance supersedes that portion of the ordinance preventing rezoning.
Ordinance No. 06-97 -A n" Ordinance to Amend Chapter 1175 Of The Codified Ordinances
Of The Village OfGranville,Ohiow",as introduced and its title read by Councilmember Montgomery.
Vice Mayor Freytag expressed concern of a rush of applicants at the expiration of the
moratorium unless Council passes this ordinance by emergency measure tonight.
Mayor Marshall and Councilmember Eisenberg voiced opposition to passing the ordinance tonight.
Councilmember Montgomery stated the need for public input before considering this ordinance
on an emergency basis.
Following a discussion regarding the emergency measure issue of Ordinance No. 06-97,Vice
Mayor Freytag moved to adopt Section III, the emergency measure of Ordinance No. 069-7. Councilmember McGowan seconded.
Roll Call Vote: Eisenberg no,McGowan yes, Bellman yes, Montgomery no, Rader no, Freytag yes,Marshall no. Three yes votes,Four no votes. Emergency measure on Ordinance No. 06- 97 failed.
Mayor Marshall set the public hearing on Ordinance No. 06-97 for Wednesday,April 16, 1997 at 7:30pm.
A work session was set to review Ordinance No. 06-97 for April 9 at 7:00p.m
It was noted that the Planning Commission and BZBA should be invited to the work session and Council also asked for Law Director Hurst's comments prior to the session.
Old Colony Cemetery Wall
It was noted that the Old Colony Cemetery Wall will not be discussed until the Law Director has the opportunity to work on the legalities of where repair money will come from. It was noted there is no hurry as the contractor cannot start until June.
Cellular Tower
Council directed the Village Manager to work with the township and county commissioners in conjunction with writing a letter to Nancy Chiles Dix on behalfofGranville's opposition to the tower.
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Council Meeting Minutes
April 2, 1997
Page 5
Planner Temporary Help
Councilmember Montgomery inquired as to the request by Village Planner Reza Reyazi for
temporary part-time help in the Village Planning office.
Manager Hickman noted that the money was already budgeted and the Planner would be contacting
the Ohio State University for an intern. He stated that this individual would be used for approximately six
months.
Councilmember Eisenberg noted that the previous Planner of the Village had started as an intern
with the Village.
ADJOURNMENT
Councilmember Rader moved to adjourn the meeting at 9:30pm. Councilmember Eisenberg seconded. Motion carried.

Council Minutes March 19, 1997

VILLAGE OF GRANVILLE
COUNCIL MEETING MINUTES
March 19,1997
CALL TO ORDER
Mayor Marshall convened the meeting at 7:30pm.
ROLL CALL
Those responding to the roll call were:
Councilmember Eisenberg
Councilmember McGowan
Councilmember Montgomery
Councilmember Rader
Vice Mayor Freytag
Mayor Marshall
Law Director Hurst
Manager Hickman
Councilmember Rader made a motion to excuse Councilmember Bellman. Seconded by Vice Mayor Freytag.
PUBLIC HEARINGS
Ordinance No. 04-97. An Ordinance To Add Sections 1157-14 a( )through (c) and
Modify Section 1135.01 (a)OfThe Codified Ordinances OfThe Village OfGranville.
Mayor Marshall noted the five minute speaking limitation per person as stated in the Rules of Council.
Rodger Kessler of 82 Pinehurst Drive stated he had written a letter to Village Planner Reza Reyazi on March 5 inquiring about the legality of a hearing on Ordinance No. 049-7. He stated that if this procedure was found to be wrong,he felt the people participating in this hearing should be fined up to the maximum allowed by the Village Codified Ordinance. He suggested tlie fines should go toward financing the current legal bills ofthe Village.
Mayor Marshall stated that Law Director Hurst's opinion is that having the public hearing will not trigger any action on the Ordinance.
ramificaTtoionnys Delligatti of 2286 Hankinson Rd. questioned this Ordinance's constitutional with regard to the limitation of only beverage and food drivet-hru's. He stated the Ordinance was going against the spirit ofthe moratorium. He felt the Ordinance was stepping on the toes of the Comprehensive Plan Review Committee and defeats their purpose. Mr. Delligatti stated that entertaining a public hearing this evening will interfer with the scope of the many hours epnutteirntabiny the Comprehensive Plan Review Committee. Mr. Delligatti then asked Council not to or pass this Ordinance at this time.
Vice Mayor Freytag asked Mr. Delligatti if his remarks were on behalf of himself or McDonalds. Mr. Delligatti respondedh "imself".
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Council Meeting Minutes
March 19, 1997
Page 2
Dave Baer of Shannon Lane asked Council to vote no on the Ordinance.
Mary Fellabaum of 310 Elm Street stated her disagreement with allowing any drive·tha 'S
in the Village.
The public hearing on Ordinance No. 04-97 closed at 7:37pm.
REVIEW AND APPROVAL OF MINUTES
The minutes of the regularly scheduled meeting of March 5, 1997, were presented. fc£
review. Councilmember Eisenberg moved to approve the minutes as amended. Seconded bj /ice
Mayor Freytag. Motion carried.
MAYOR'S REPORT
145'
The Mayor's Report for the month of-Ne¥ ember was presented for review.
Councilmember Rader commented on the increase in total fines last collected from this ye·a to year.
Mayor Marshall noted the considerable amount of interest in stricter enforcement of speeding laws. In addition,the officers ability to receive immediate information results in mc re drivers being fined for driving under suspension,which is a $250 minimum.
Mayor Marshall directed the clerk to file the report. A copy of that report is attached as part ofthese minutes.
MANAGER'S REPORT
idr,- The Managers' Report for the month of'G-eteber was presented for review. Vice Magr: Freytag moved to accept the report. Seconded by Councilmember Montgomery. Motion carrie:1. A copy ofthat report is attached as part ofthese minutes.
CITIZENS COMMENTS
Those signing the register were:
See Attached List.
Lyn Robertson of 342 N. Granger St. read a statement which is filed as part of these minutes. Ms. Robertson expressed concern that the same thing would happen as in 1990 wherein the zoning code's are written in such a way that it doesn't carry out the Comprehensive Plan.
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Council Meeting Minutes
March 19, 1997
Page 3
Councilmember Eisenberg stated that if there is going to be a new revised master plan,it is
implicit that the zoning ordinance will have to be revised in order to support it.
Mayor Marshall stated that Council is always open to changes of any Ordinance, old or
new. He stated that Council must take action on any proposed or revised Ordinance.
Councilmember McGowan stated he had heard comments earlier this evening on the many
hours being put into this plan and hopes Council will consider those hours and perhaps the
suggestion will be to extend the moratorium by 30,45 or 90 days.
Ms. Robertson expressed concern of going back to current zoning.
Arie Janssens of 764 Newark-Granville Rd. asked if the Sentinel tonight. He feels that Council meetings was represented .iere are not getting enough coverage in the Sentind.
Mayor Marshall stated that Scott Rawdon represents the Sentinel at every Council meetilig,
and is sure Mr. Rawdon writes many articles regarding the Village that never make the cut. Mayor Marshall suggested that Mr. Janssens voice his view to Chuck Peterson, Editor of tlie Sentinel.
Richard Salvage,73 Berline Ct. expressed concern that he had just received a survey from the Comprehensive Plan Committee today which listed the deadline for return as Friday. Mr. Salvage asked if a new deadline had been established.
It was noted that a large number of the surveys were mistakenly delayed at the Columbus Post Office).
Charlie Metzger of 81 Maplewood Dr. added that it takes about 15 minutes to fill c u.the
survey. He also stated that the committee is committed to including every survey in its tabulation
Councilmember Eisenberg suggested that the surveys' be dropped off at Village Office" instead ofreturning them by mail.
deadlinMea?ry Jane Daughtery of 22 Styblyn Rd.,asked Mr. Metzger if Friday was still the
Mr. Metzger stated that all survey's should be returned by next Wednesday. He added that although the surveys were mailed to registered voters of Granville one can also be obtained frem the library for anyone wishing to participate.
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Council Meeting Minutes
March 19, 1997
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Jerry Griffin of 4 Shepard Place urged Council to take up the question,on a timely basis,of
extending the moratorium and read a statement with regard to his views on the reasons for an
extension.
Clifton Crias of 234 N. Pearl St. stated his support of an extension to the moratorium. He
added that it was clear that when the people of Granville voted for a moratorium,their support
included an extension. Mr. Crais strongly urged Council to extend the moratorium.
Tony Delligatti of 2286 Hankinson Rd. stated his concern in the delay. He felt something
should be presented to Council so this could be brought to a conclusion.
Mayor Marshall noted that a drafted Ordinance was in possession of the Council h *ich
requested a three month extension. He also noted that this draft was delivered to Council by an anonymous source.
Mary Fallebaum of 310 Elm St. stated that Jim Jump wrote the Ordinance which she delivered.
Richard Salvage of 73 Berline Ct.,asked if anyone involved in the proposed ordina,ce had anything to do with the Comprehensive Plan Review Committee?
It was noted that Mr. Jump is only a volunteer of the Comprehensive Plan Review Committee.
Phil Wince 2350 W. Broadway,representing plaintiffs which have filed suit against the village regarding the moratorium,strongly urged Council not to extend the moratorium until the Court makes a decision as to constitutionality which should be decided by April 21.
Jim Stockmaster of 340 It*oll Dr. expressed a personal opinion regarding putting a ban un drive thru's. His concern was that businesses cannot grow. Mr. Stockmaster added with regard io the survey that it is his personal opinion that the survey is a bunch of garbage and the committee will do what it wants to do and that's it.
Sandy Plunkett of 427 W. College St. stated two concerns. 1)that the Cherry Valley R.ia,d format decisions in the preliminary have already been laid out,yet many of the questions on the survey were pertinent to that area and;2)that the Comprehensive Review Plan be viewed as a comprehensive plan not as separate entities at different stages. She feels it needs to be viewed in it's entirety,all at once,when it is finished.
Marsha Vachio of 81 Fern Hill encouraged elected officials to listen to their constituents.
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Council Meeting Minutes
March 19, 1997
Page 5
Bill Wernet of 134 Mulberry St.,urged the people who believe that the eidire
Comprehensive Plan be done before any steps are taken, to vote for an extension of the
moratorium.
Charles Metzger of 81 Maplewood Dr. stated that the Comprehensive Plan Review
Committee's 17 members have not taken any stance on the extension of the moratorium.
Bill Wernet stated there has been nine public hearings on the issues and invited interested anyone to attend a public hearing on the issue this Sunday from 7-9pm.
Mayor Marshall recommended that any request for presentation to Council needs to be
given to Manager Hickman for scheduling on the agenda. He noted that sessions were more productive if Council is provided with a copy ahead oftime.
Mr. Wernet added that the Councilmembers that were at Sunday's meeting were provided
a copy of the schedule.
Councilmember Montgomery stated that there weren't enough copies for most people at that meeting and most went home without a copy. She asked that a copy be made available and given to Manager Hickman for distribution to Council.
John Duncan of 454 Granger St. stated that he would hate to see the Village enter into a collective decision based on the costs of the Village being sued. He stated he would like to see the Village pay up and go in the right direction .
COMMITTEE REPORTS
Councilmember Montgomery noted that the Planning Committee,having met on Monday, March 17,approved the siding at 11 N Prospect St.,a remodeling at 210 E Maple St.a,nd a sign request at 128 E Broadway. The next meeting is scheduled for April 7,at 7:30.
Councilmember McGowan noted that the Recreation Commission's spring programs have been scheduled. The Recreation Commission is soliciting donations for campaigning funds for the V mill replacement levy,which is scheduled for the May 5 ballot.
Councilmember Eisenberg reported on the meeting of the Personnel Committee recommending the appointment of an acting manager for the remainder of 1997, adding that a 1 resolution to appoint and establish a salary is on the agenda tonight.
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Council Meeting Minutes
March 19, 1997
Page 6
OLD BUSINESS
Mayor Marshall responded to the question from Mr. Tom Harvey regarding legal expenses
to date for the Village of Granville. Mr. Marshall stated that 1996 legal expenses were $ 39,483.
For the first two months of 1997 the Village has paid $ 26,309 in legal expenses relate i to
development thus far.
Ordinance No. 04-97 , An Ordinance to Add Sections 1157-14 ( a)through (c )and
Modify Section 1135.01 (a)OfThe Codified Ordinances OfThe Village OfGranville
Law Director Hurst encouraged Council to table Ordinance No. 04-97. Mr. Hurst stated
that the legislation as presented is weak and inadequate. His opinion is that it the drawing should go back to board.
Councilmember Rader voted to take the advice of the Law Director. He added that the
Rapid Response Committee is working on this issue and they will have something to present to Council rather shortly. Councilmember Rader urged that this legislation be tabled.
Vice Mayor Freytag had no objection if Council scheduled a time for the return of this legislation from the table.
Mayor Marshall suggested the legislation be returned after the input of the Rapid Response Committee.
Councilmember Montgomery agreed with Mayor Marshall.
Vice Mayor Freytag expressed concern that since the idea of this Ordinance pred-ated the moratorium,he would rather vote on it now than have it put off until July.
Following a discussion,Council agreed to table the Ordinance until Law Director Hurst could revise and n"arrow"the Ordinance. Councilmembers Eisenberg,McGowan, Rader and Freytag were not in favor of banning all drivet-hru's. Councilmember Montgomery stated she didn't know whether she would vote for or against but did not think it was fair to not ban all drive thru's. Mayor Marshall was in favor of banning all drive-thru's.
Councilmember Eisenberg made a motion to table Ordinance No. 049-7 until appropriate ytoaytask,e off table. Councilmember Montgomery seconded. Ordinance No. 049-7 was tabled. Five one nay.
Mayor Marshall called for a five minute break -8:42pm
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Village of Granville
Council Meeting Minutes
March 19, 1997
Page 7
NEW BUSINESS
Mayor Marshall asked the Law Director to comment on the proposed Ordinance to extend
the moratorium to three months.
Law Director Hurst stated he had asked the attorney's representing the Village in current
Fackler litigation,for a sense as tothe impact that an Ordinance such as this may have on their
efforts and litigation. He stated a number of reasons why he encouraged council to take no action
on this proposed extension until the last possible moment. He stated that the general consensus in
evaluating this is that there are a lot of potential risks associated. At this time,there is nothing to gain by passing this legislation. Law Director Hurst added that the courts determination on constitutionality of the moratorium should be no later than April 21. If the court rules the
moratorium is unconstitutional there will be no need for an extension. If the court rules it is in fact
constitutional,there will be more than enough time for Council to pass legislation to extend the moratorium,if necessary.
Law Director Hurst added that he had no problems with the technical requirements of the proposed document. However, he added that outside legal Counsel thought legislation that passing this at this time was taking a lot of risks while leaving nothing to gain.
Following a lengthy discussion by Council, Councilmember Rader noted that the Comprehensive Plan Review Committee had not recommended any extension at this time. It was agreed by Council to introduce action on an extension request when recommended by the Committee.
Resolution No. 97-17,A "Resolution of Appreciation To Douglas E. Plunkett", introduced, read in full and moved for adoption by Councilmember was Councilmember McGowan. Resolution Eisenberg. Seconded by No. 97-17 was adopted.
sixteenCouncilmember Eisenberg added that he has been on Council thirteen of Mr. Plunkett's years with the Village. He stated that Granville will never have another manager like Mr. Plunkett and words of a resolution could not express his gratitude. Mr. Eisenberg stated his deep appreciation for Mr. Plunkett's friendship and everything he has given to the village. Council agreement was unanimous.
Resolution No. 97-18,A "Resolution To Authorize The Village Manager To Advertise For Bids For 1997 Street Painting"w,as introduced, read in full and moved for adoption by 1 aCdooupntecdilm. ember McGowan. Seconded by Vice Mayor Freytag. Resolution No. 97-18 was
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Council Meeting Minutes
March 19, 1997
Page 8
Resolution No. 97-19,A "Resolution To Authorize The NonP- ermanent Installation Of A
Sidewalk Caf6 On The Public Sidewalk At 134 East Broadway In Front Of The Business Known
As V"ictorias' ParlourS",ubject To Restrictionsw",as introduced, read in full, and moved for
adoption by Councilmember Montgomery. Seconded by Councilmember McGowan. Resolution
No. 97-19 was adopted.
Resolution No. 972- 0,A "Resolution To Appoint Joseph R. Hickman As Acting Manager
Of The Village Of Granville And Establish The Acting Manager's Salary For 1997"w,as introduced, read in full, and moved for adoption by Councilmember Eisenberg. Seconded hy Councilmember Rader.
It was agreed by Council to begin advertising in late summer for possible candidates for
the Granville Village Manager position.
Councilmember Eisenberg read the last paragraph of the Personnel Committee memo regarding Acting Manager Hickmans willingness to cooperate during this transition.
Roll Call Vote: Eisenberg yes,McGowan yes,Montgomery yes,Rader yes,Freytag yes, Marshall yes. Resolution No. 97-20 was adopted.
1998 Wage Scale Proposal
Copies of the proposed wage scale for the Village was distributed to Council. Mayor Marshall asked Council to take time to review the proposal. He added that a work session will be scheduled.
ANNOUNCEMENTS
Manager Hickman stated that the Recreation Commission Director Debbi McPeek would like to talk to Council regarding the expansion of the parking area for Wildwood Park. He added that Ms. McPeek is currently seeking approval from the Evans Foundation to cross the bike path with vehicle traffic.
Manager Hickman also added that the First Presbyterian Church will be making a presentation at the April 16 meeting.
It was noted that April meetings would remain as scheduled in spite of spring break. 1
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Council Meeting Minutes
March 19, 1997
Page 9
ADJOURNMENT
Vice Mayor Freytag moved to adjourn the meeting at 9:40pm. Councilmember Rader
seconded. Motion carried.

Council Minutes March 05, 1997

VILLAGE OF GRANVILLE
COUNCIL MEETING MINUTES
MARCH 5,1997
CALL TO ORDER
Mayor Marshall convened the meeting at 7:31pm.
ROLL CALL
Those responding to the roll call were:
Councilmember McGowan
Councilmember Bellman
Councilmember Montgomery
Vice Mayor Freytag
Mayor Marshall
Law Director Hurst
Manager Plunkett
PUBLIC HEARING
A public hearing was held on Ordinance No. 03-97,A "n Ordinance To Amend Ordinance No.
42-96 Providing For Adjustments For The Annual Budget For The Fiscal Year 1997 And Revising
Sums For Operating Expenses."
No one appeared to speak for or against Ordinance No. 03-97. The public hearing closed at 7:32p.m.
REVIEW AND APPROVAL OF MINUTES
The minutes of the regularly scheduled meeting ofFebruary 19, 1997,were presented for
review. Vice Mayor Freytag moved to approve the minutes as amended. Seconded by Councilmember McGowan. Motion carried.
Manager Plunkett presented Village Council with an American Flag donated by the family of the late D. Lindsay Ralston ofBriarwood Drive. The family asked that flag be flown in ofmemory of Mr. Ralston. Mr. Ralston lived in Granville from 1955 to 1997.
Mayor Marshall suggested the flag be flown in Council chambers.
CITIZENS COMMENTS
Those signing the register were:
See Attached List.
Clifton Crais,234 N. Pearl St. asked the Village Manager for comments with regard to the College Street parking issues.
Manager Plunkett noted that his successor will probably look into the issues in more detail. He added that parking spaces on College St. have particularly been a concern to the GranVilla adding that three days a week pylons are placed in some parking spaces outside GranVilla for trash hauler access. Mr. Craise stated he hoped Council would return to the examination oftraffic issues this spring and summer. He then asked what was being done in the search for a new village manager. He encouraged Council to run an aggressive search possibly on a national basis,and that Council try to involve the citizens of the community in their decision.
Mayor Marshall noted that Assistant Village Manager Joe Hickman had been appointed acting manager at the last council meeting. Mayor Marshall added thatMr.Hickman was highly qualified having served as the Assistant Manager for several years. He stated there was no active search at the moment to replace Mr. Hickman in the position ofVillage Manager.
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Council Meeting Minutes
March 5, 1997
Page 2
COMMITTEE REPORTS
Councilmember Montgomery reported that the at the February 24 Planning Commission
meeting,Rick Clark of Holophane gave a presentation of a proposed Granville street light fixture that
diffused upward light. At the March 3 meeting approval was given for;construction at 115 W.
Broadway,demolition of a garage at 224 E. Broad,and construction of an addition to the Granville
Elementary School. Next meeting is scheduled for March 17.
Councilmember McGowan stated the Recreation Commission had named Jerry and Lesa
Miller as replacements for retiring directors,Rod and Debbie McPeek. Also,the 1/2 mil replacement
levy will be on the May ballot.
Councilmember Bellman reported on the Comprehensive Plan Review Committee. He stated it
was encouraging to see several people from business community show up to the meetings. He stated
that things are moving along and they will making recommendations shortly.
OLD BUSINESS
Ordinance No. 03-97,A "n Ordinance To Amend Ordinance No. 429-6 Providing For Adjustments For The Annual Budget For The Fiscal Year 1997 And Revising Sums For Operating
Expensesw,"as reintroduced,its title read,and moved for adoption by Councilmember Montgomery. Seconded by Vice,Mayor Freytag.
Councilmember Bellman proposed a modification to the Ordinance with regard to A-16A2- 30, 13,300 recommending funds would come from the Newark-Granville Road fund.
Councilmember Bellman made a motion to delete the $13,300 with the understanding that the
money would be used for Newark-Granville Road. Councilmember McGowan seconded.
Vice Mayor Freytag asked for the Manager's opinion.
Manager Plunkett stated his recommendation refJected Ordinance No. 03-97.
MarshalRl oll call vote: Eisenberg absent,McGowan yes,Bellman yes,Montgomery no,Freytag no, no. Three no votes. Motion failed.
Mayor Marshall asked for a roll call vote to adopt Ordinance No. 03-97.
Roll call vote: Eisenberg absent,McGowan yes,Bellman no,Montgomery yes,Freytag yes, Marshall yes. 4 yes votes. Ordinance No. 03-97 was adopted.
NEW BUSINESS
Resolution No. 97-15 A" Resolution To Authorize The Village Manager To Enter Into A Service AgreementWith Ohio Power Company For Street Lightingw"a,s introduced,read in full and moved for adoption by Councilmember Montgomery. Secon( led by Vice Mayor Freytag.
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March 5, 1997
Page 3
Vice Mayor Freytag asked for a change to 5#of E"xhibitA"to readA "t the termination ofthis
agreement any Customer provided material will be returned to and become the property of the Customer if
the Customer so desires".
Mayor Marshall asked for a roll call vote to adopt Resolution No. 97-15 as amended.
Roll call vote: Eisenberg absent,McGowan yes,Bellman abstain,Montgomery yes,Freytag yes, Marshall yes. Four yes votes. Resolution No. 97-15 was adopted as amended.
Resolution No. 97-16, A "Resolution To Adopt The Findings Of Fact In The Appeal OfKirk
Combe,etal.w"a,s introduced,read in full and moved for adoption by Mayor Marshall. Seconded by Councilmember Montgomery.
Mayor Marshall asked for a roll call vote to adopt Resolution No. 97-16.
Roll call vote: Eisenberg absent,McGowan yes,Bellman yes,Montgomery yes,Freytag no, Marshall yes. Four yes votes. Resolution No. 97-16 was adopted.
Law Director Hurst directed the clerk to mail a copy ofthe Resolution along with the Findings of Fact to Counselors Sarah Goss Norman and Mitch Banchesfly.
Appointment ofNew Council Member -
Law Director Hurst reminded Council that a majority of remaining members of council were needed to appoint. Majority ofthis Council is four.
Councilmember Bellman noted that this was a good group ofcandidates. He directed his conversation to Troy Reed stating that he appeared to have a good background. Councilmember Bellman added that at this particular time however,considering Troy's length oftime in community,he did not feel comfortable with putting Mr. Reed in this position. Councilmember Bellman encouraged Mr. Reed to consider other positions in the community as a stepping stone to a Council seat.
Vote #1 -Lyn Robertson 3,Ben Rader 2.
Vote # 2 -Lyn Robertson 3,Ben Rader 2.
Vote # 3 -Lyn Robertson 2,Ben Rader 3.
Councilmember Bellman stated he hoped Council could find a way,as a group,to come to an agreement tonight.
Law Director Hurst stated that the Granville Charter and State Law Charter mandates that a replacement candidate must receive the majority votes ofCouncil. Majority ofthis council is four votes. If tahereppolascietiomne.nt candidate cannot be agreed upon within the period oftime available,the Mayor shall appoint
Vote #4 -Lyn Robertson 3,Ben Rader 2.
Vote #5 -Troy Reed 1, Lyn Robertson 2,Ben Rader 2.
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Village of Granville
Council Meeting Minutes
March 5, 1997
Page 4
Vice Mayor Freytag suggested that three more votes be taken before adjourning. Councilmember
Montgomery agreed.
Councilmember Bellman stated he still felt strongly about coming to a solution tonight. He stated
he had heard very little discussion and feels Council should talk to each other before adjourning the meeting with this issue unresolved.
behalf
Councilmember McGowan suggested offering the two candidates a moment to speak on their own
Lyn Robertson stated she has lived in this community for over 30 years. She stated her concern is
that the community is tearing itself apart. She feels it is time to have some real talking about what is
valued in the community and what the citizens want. She wants to make certain that everyone who wants
to speak has the opportunity to speak. She would like to be a part ofthat within the community. Ms.
Robertson added that she had nothing to gain from this position,she just wants to serve the community.
Ben Rader stated that he also has been in the community for 30 years,having served eight ofthose
years on the Village Council. He stated he has enjoyed a quality life in Granville but development is concerned with the Granville is facing. He stated he will do the best to serve all members ofthis community.
Councilmember McGowan added he had not acknowledged Mr. Reed considering he had attended the last council meeting speaking on his behalfwith interest in the council position.
Mr. Reed added that from what he has seen this just seems like another example ofthe community fighting. He strongly feels that council should work together to appoint this position tonight and suggested council do this on the record so the community could see where everyone stood.
Vice Mayor Freytag moved that three more votes be taken before adjourning. Councilmember Montgomery seconded.
Roll call vote: Eisenberg absent,McGowan no,Bellman no,Montgomery yes,Freytag yes, Marshall yes. Three yes votes. Motion carried.
Vote # 6 -Lyn Robertson 3, Ben Rader 2.
Vote # 7 -Lyn Robertson 3,Ben Rader 2.
BellmanCsoecuonncdilemde.mber McGowan proposed a 5 minute recess before the last vote. Councilmember
Vote # 8 -Lyn Robertson 3,Ben Rader 2.
Council position is to be appointed by Mayor Marshall.
secondedV.ice Mayor Freytag moved to excuse Councilmember Eisenberg. Councilmember McGowan
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Village of Granville
Council Meeting Minutes
March 5, 1997
Page 5
Village Manager Resianation
Vice Mayor Freytag thanked Manager Plunkett for his many years of service to the Village.
He stated that having worked with Mr. Plunkett for six years,he felt Mr. Plunkett had done an
excellent job and he is going to miss him. C(ouncil and audience stood and applauded.)
Manager Plunkett stated that this has been a great 16 years. He added that the happiest part is
that he and his family will continue to live in Granville. He is looking forward to the opportunity to be
an active citizen and no longer an objective citizen with the position ofVillage Manager.
MEETING ANNOUNCEMENTS
Law Director Hurst reported that Granville was once up to eight lawsuits and added that at the moment we are down to five.
Councilmember Montgomery asked about setting up a Personnel Committee meeting.
Mayor Marshall said Councilmember Eisenberg would be back this weekend and a date could be set then.
ADJOURNMENT
Vice Mayor Freytag moved to adjoum the meeting at 8:45 m. Councilmember McGowan seconded. Motion carried.

Council Minutes February 19, 1997

VILLAGE OF GRANVILLE
COUNCIL MEETING MINUTES
FEBRUARY 19,1997
CALL TO ORDER
Mayor Marshall convened the meeting at 7:32pm.
ROLL CALL
Those responding to the roll call were:
Councilmember Eisenberg
Councilmember Bellman
Vice Mayor Freytag
Law Director Hurst
Councilmember McGowan
Councilmember Montgomery
Mayor Marshall
Assistant Manager Hickman
Mayor Marshall reminded attendees of speaking time limits by reading the Rules of Council.
REVIEW AND APPROVAL OF MINUTES
The minutes ofthe regularly scheduled meeting ofFebruary 5, 1997,were presented for
review. Councilmember McGowan moved to approve the minutes as corrected. Seconded by Vice Mayor Freytag. Motion carried.
Councilmember Montgomery requested that minutes from the Comprehensive Plan Review
Coinmittee be provided to Council in the future. Planner Reyazi will make a note to supply Council
with Committee minutes. Councilmember Bellman will advise sub-committee's to also provide minutes to those meetings.
MAYOR'S REPORT The Mayor' fi s Report for the month of-Neirwas presented for review.
Mayor Marshall directed the clerk to file the report. A copy ofthat report is attached as part of these minutes.
MANAGERS' REPORT 164-9 The Manager's Report for the month ofectober was presented for review.
Vice Mayor Freytag moved to accept the report. Seconded by Councilmember Montgomery. Motion carried. A copy ofthat report is attached as part ofthese minutes.
CITIZENS COMMENTS
Those signing the register were:
See Attached List.
Arie Janssens of 764 NewarkG- ranvilleRd.s,tood to say he was sorry to hear that Manager Plunkett was leaving his position with the Village. Mr. Janssens feels that Manager Plunkett has done an excellentjob for the Village of Granville and will tell him so.
Troy Reed of 123 WildwoodDr.,introduced himselfto Council stating he had submitted a statement ofinterest for the vacant council seat. Mr.Reed stated that having only lived in the Village for nine months,he could bring an open mind to Council. He stated that in his short time in the Village he has come to realize the Village is faced with critical,tuffdecisions,and that there seems to be a deep division among citizens. He stated that his family has found a home in Granville,and he feels one can only make a difference by getting involved. Mr.Reed feels his greatest strength is in negotiation
Village of Granville
Council Meeting Minutes
February 19, 1997
Page 2
and not confrontation,second guessing or debate. He stated his interest is genuine and from the heart.
He thanked Council for their time.
Rodger Kessler of 338 East College St.,stated he had been a member of this community for 20
years and is disturbed that Council would appoint a member to the Planning Commission who is
currently involved in suing the Village. He asked Council how they let that happen.
Mayor Marshall stated that although he understood the point,Council had conferred with the
Ohio Ethics Commission and there were no legal obstacles.
Tom Harvey of 804 Burg St. inquired as to what the Village's legal bills are for defending the
Village ofthe current lawsuits,and what could be expected over the next 12 months.
Assistant Manager Hickman will provide Council a report of legal expenses to-date Council by the next meeting.
Tony Delligatti,2286 Hankinson Rd. voiced a concern regarding Ordinance No. 04-97 slated
on tonight's agenda. Mr.Delligatti felt that the moratorium sealed and precluded introduction of any amendments regarding zoning or re-zoning. Since this legislation is referring to re-zoning,he asked
Council to seriously reconsider voting on this Ordinance tonight. He feels this Ordinance would only incur needless expensive litigation against ourselves.
Bill Wernet of 134 South Mulberry St.s,tated he appreciated Mr.Delligatti comments, however he felt that since the moratorium was passed by Ordinance,any Ordinance can be overruled by Council,and he felt that Council was only trying to put into place things that have universal support from the Village citizens.
Laurie Kissack of 363 Bryn DuDr.w, elcomed Troy Reed to Granville. She stated that after conversations today with the school superintendent she is concerned with where money is going to nceoemdetofrofimndto keep the community and schools at the level of quality they are today. She expressed the a tax base.
Mr.Wernet agreed with Mrs. Kissack,and feels it is very important for sufficient funding. He feels however,that some businesses contribute more than they take out. These are the kind of businesses Granville needs.
Richard Salvage of 73 Berline Ct.n,oted there are two committees studying changes to the master plan and suggested they have input before any implementation.
Carl Wilkenfeld of317 Elm St.s,tated that what confuses and upsets him is the fact that we have a lot ofpeople working hard on committees and sub committees and he feels their recommendations should be taken into consideration.
CommeJrcaimaleisntJeurmesptso. f 143 Thresher St.t,hanked Council for their spirit ofdefense in attacks by
Village of Granville
Council Meeting Minutes
February 19, 1997
Page 3
COMMITTEE REPORTS
Councilmember Montgomery reported that the Planning Commission will meet on Feb 24.
After having met with the Salary Review Committee,Councilmember Montgomery recommended
draft proposals go to the Personnel Committee for further study. She advised all Council members to
participate,if so desired.
Vice Mayor Freytag reported on the Tree & Landscape Committee. He stated that the budget
for the commission last year was $11,000 and they had asked for $12,000 this year. He stated a
concern that TLC asked for additional $ 1,000 for park maintenance and only got $500. Their concern
was that $500 would come from the $11,000 TLC budget.
Mayor Marshall suggested Vice Mayor Freytag bring up the TLC budget again in March in
preparation for next years budget.
Councilmember McGowan reported that the Recreation Commission was continuing the search
for a new director. The Levy Committee has a M mil replacement on the May 6 ballot which would
fund the Recreation Commission for a five year period. However,the Commission is looking for
2,000 for advertising the levy.
up into several groups to do research on different areas. He stated there is room for anyone wishing to
Councilmember Bellman reported that the Comprehensive Plan Review Committee had broken
attend these meetings. He noted that the Cherry Valley Rapid Response Team has been brainstorming
to meet a mid-March deadline for recommendations. They have suggested a special 12. Councilmember meeting on March Bellman shared a proposed sketch with Council which will be presented for public review at the February 23rd meeting. There will then be a meeting February 28 with revisions based on that public review. This should be converted to Ordinance form by the March 12 meeting.
Mayor Marshall suggested the Ordinance be brought to Council for review prior to passage.
Councilmember Bellman suggested March 12 as a time discuss with Council with a draft faxed to the Law Director,and Village Manager for review prior to March 12.
NEW BUSINESS
Ordinance No. 02-97,A "n Ordinance To Amend Ordinance No. 429-6 Providing For Adjustments For The Fiscal Year 1997 And Revising Sums For Operating Expenses And Declaring An Emergency," was introduced,its title read,and moved for adoption by emergency measure by Councilmember Bellman
Roll Call: Marshall yes,Eisenberg yes,McGowan yes,Bellman yes,Montgomery yes,Freytag yes. Six yes votes.
By emergency measure,Ordinance No. 02-97 was adopted.
Ordinance No. 039- 7,A "n Ordinance To Amend Ordinance No. 429-6 Providing For Adjustments For The Annual Budget For The Fiscal Year 1997 And Revising Sums For Operating Expenses," introduced and its title read by Councilmember Montgomery. was
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Village of Granville
Council Meeting Minutes
February 19, 1997
Page 4
Mayor Marshall set the public hearing on Ordinance No. 03-97 for March 5, 1997,at 7:30pm.
OrdinanceNo.0-49- 7, A "n Ordinance To Add Sections 11571- 4 a( )through (c)To The Codified
Ordinances Of The Village Of Granville".
After a brief discussion,Ordinance No. 04-97 was introduced and its title read by Vice Mayor
Freytag.
It was noted that Law Director Hurst would need time to research this Ordinance. Ordinance No.
04-97 was tabled. Mayor Marshall set the public hearing on Ordinance No. 04-97 for March 19, 1997 at
7:30pm.
Resolution No. 97-12. A "Resolution To Award The Bid For The Construction Of The South
ProspectE &ast Maple Street Water Main Replacement Project To J.M.West Construction Company And
To Authorize The Village Manager To Enter Into An Agreement Thereforw",as introduced,read in full
and moved for adoption by Councilmember Eisenberg. Seconded by Councilmember Montgomery.
Motion carried. Resolution No. 97-12 was adopted.
Resolution No. 97-13,A "Resolution To Express Community Gratitude To The Granville Garden
Club For Sponsoring And Successfully Managing The Memorial Tree Fund Program In Granvillew",as introduced,read in full and moved for adoption by Vice Mayor Freytag. Seconded by Councilmember McGowan. Motion carried. Resolution No. 97-13 was adopted.
Resolution No. 97-14.A "Resolution To Authorize The Village Manager To Advertise For Bids For The Micro Surfacing OfVillage Streets For 1997w",as introduced,read in full and moved for adoption by Councilmember McGowan. Seconded by Councilmember Montgomery. Motion carried. Resolution No. 97-14 was adopted.
Service Director Mark Zarbaugh stated that micro surfacing is designed to last two to five years and is more cost effective and less expensive.
meeting.
Council Vacancy
Mayor Marshall reminded Council ofthe need to fill the Council vacancy during the next
Resignation
Mayor Marshall recognized Manager Plunkett's resignation as ofMarch 10 and recommended taking action to appoint Assistant Manager Hickman as a"cting managerf"or the Village ofGranville. JMaanyuoarryM,arshall suggested this a temporary solution pending a new Council which will be appointed 1998.
Councilmember Eisenberg expressed no objections·to appointing Hickman based on his performance during his time with the Village.
candidatMe.ayor Marshall stated Council should seriously considerMr.Hickman as a permanent
Mayor Marshall made a motion to appoint Assistant Manager Joe Hickman as a"cting manager"effective March 10,1997. Seconded by Vice Mayor Freytag.
Roll Call: Marshall yes,Eisenberg yes,McGowan yes,Bellman yes,Montgomery yes,Freytag yes. Six yes votes. Motion carried.
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Council Meeting Minutes
February 19, 1997
Page 5
Assistant Manager Hickman will take the role as " acting manager"effective March 10, 1997.
Trinity Court Watermain Extension
Vice Mayor Freytag expressed a concern with the lack of legislation which would allow
Council to waive fees and objective criteria for such waivers.
After a brief discussion by Council it was recommended that Law Director Hurst would
prepare the language for an Ordinance with regard to waivers. Council will discuss Trinity Court
Watermain request at the next Council meeting.
ADJOURNMENT
Vice Mayor Freytag moved to adjoum the meeting at 8:43pm. Councilmember McGowan
seconded. Motion carried.

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