Granville Community Calendar

Council Minutes 11/17/04

 VILLAGE OF GRANVILLE COUNCIL MINUTES November 17, 2004

CALL TO ORDER (by Mayor Robertson at 7:32 pm) 

PLEDGE OF ALLEGIANCE 

ROLL CALL Those responding to the roll call were, Councilmembers Barsky, Hartfield, OKeefe, Herman, Main, Vice Mayor Lucier, and Mayor Robertson; Manager Hickman and Law Director Crites. Motion carried. APPROVAL OF AGENDA (7:32 pm)

 Vice Mayor Lucier moved to amend the agenda and have a continuance for the scheduled appeal hearing. It was stated that all parties have not yet received a copy of the transcript. Second by Councilmember Herman. Councilmember Herman moved to accept the agenda as amended, seconded by Councilmember Barsky. Motion carried.

 CITIZENS COMMENTS (7:33 pm) Dan Bellman, 320 North Pearl Street, spoke to Council in regards to Kendal and a sewer contract. It was stated that the costs of the sewer have gone over what was originally estimated. He stated that there was a recent meeting and Trustee Jim Havens presented the question as to whether or not Council would be willing to look at this agreement again. Mr. Bellman distributed a handout and stated that he would like Council to consider giving Manager Hickman direction to act as stated in his letter. 

Mr. Bellman read aloud the following from his handout: If the Township and Kendal request Village Council to do so, the Village Council is willing to reevaluate the figures in Kendals Sanitary Sewer Agreement for the purpose of re-establishing Kendals fair share and Kendals Reimbursable Cost under Paragraph C-2 of the Agreement in light of the current construction cost figures. Liquor Permit Holders 

Jerry Martin, 115 Briarwood Drive, co-owner of Brews Café stated that he wanted to address what their intent is in regards to the move to 116 East Broadway. Mr. Martin stated that the new location is larger with a full basement. He stated that they are in need of a new kitchen and restrooms. Mr. Martin stated that the second floor would have seating and a semi-private banquet room. He stated that the proposed balcony on the second floor would have four tables on it. Mr. Martin stated that Brews Too would move to the third floor of the new building. Mr. Martin spoke about a D5 liquor permit that he had tried to attain some time back, but it was not available. He stated that it recently became available, and that he and his partners would be remissive business men if they didnt try to get it. He stated that it is a way for them to control their competition. 

Councilmember OKeefe asked if Mr. Martin was applying for two different permits. Mr. Martin stated that if they dont use the two permits in two different locations they would have to be turned back in to the state liquor board. He stated that if they are turned back in someone else could apply for them. 

Mayor Robertson asked what would happen to the existing Brews restaurant. Mr. Martin stated that he was not sure and this decision has not yet been decided. He stated that the lease is up in October and they will then have the option to renew for a five year extension. 

Councilmember Barsky asked if Mr. Martin would have to get rid of the other permits if the D5 permit is granted. Mr. Martin stated yes. 

Councilmember Herman stated that someone else is in line that already has an application on file if these permits are turned back in. 

Mr. Martin stated that the D5 permit is now back in play due to the population estimation in this area. 

Steve Barnes, 120 Brennan Drive, stated that he is a six year resident of Granville and customer of Brews Café. He stated that he whole-heartedly supports the new location. Mr. Barnes stated that prior to living in Granville, he lived in Alexandria, Virginia and he feels its the type of place Granville should aspire to be. He stated that there are many outside balconies that dont present any problems and the architecture is in good taste. 

Mayor Robertson stated that an issue before this Council is the proposed balcony and the fact that it is on public property. She stated that the liquor licenses themselves are under the control of the State Liquor Board, and not Council. Councilmember Herman stated that on the same token, if people want to address in a public hearing how they are feeling about this, given Councils interests in having a role relative to the upcoming hearing with the Liquor Board, that they should have the ability to have that discussion with Council. Mayor Robertson agreed and stated that she wanted to make clear who was responsible for which decisions. She stated that Council wants to hear from everyone. 

Fran Kelly, 79 Spangler Court, stated that she thought that the existing porch located at 116 East Broadway was already on public property. She also stated that the church is partially located on public property. Mayor Robertson stated that it was not known that the existing porch at 116 East Broadway was on public property, but that is has likely been there for at least 100 years. Ms. Kelly asked if Council would be abstaining from any discussions with the liquor board in regards to the church. She stated that she has heard rumors. Councilmember Hartfield stated that she is not sure what has been conveyed, and she explained that the church came before Council and presented some issues that they had and asked Council to participate as an interested party. She stated that this does not mean Council will be testifying against Brews Café. Councilmember Hartfield stated that nothing has been determined by Council on this matter. She went on to say that Council does not have any control over the liquor permits and they can act in two ways at the hearing - (1) interested party and (2) abstain from discussions. Mayor Robertson added that there has been very little discussion amongst Council in regards to this matter and no decisions have been made. Mayor Robertson stated that Council requested a hearing because the notice had to be turned in by a particular time, and this then gave Council the option to speak if they desired. She stated that what Council would say or if they would even say anything has not been discussed. Mayor Robertson stated that it is her desire to abstain from any discussions. 

Joel Spahr, 43 North Street, Newark, stated that he is an employee at Brews Café. He stated that he spends 50 to 60 hours a week at Brews and feels that it is a family oriented establishment. Mr. Spar stated that in years past Brews has experienced an 80% decline in customers when the Denison students are gone. He stated that last year this was only a 10-15% decline due to their goal to become more family oriented. Mr. Spar stated that the restaurant part of Brews closes at 10:00 on weeknights and 11:00 on weekends. Mr. Spar stated that Brews has worked hard at making themselves a part of the community and if they have done something wrong in the past to let them know and they will try to correct it. He stated that there is much support for Brews Café tonight in this room and they are all taxpayers and members of the community. 

Councilmember OKeefe stated that it seems like everyone wants to be good neighbors and she wonders if there has been any dialogue between Brews and Centenary United Methodist Church. Mayor Robertson stated that she could offer the Council Chambers as a place to hold such a discussion. Mr. Spar stated that he has not had any conversations with the church. He stated that once the balcony became an issue it was like Mardi Gras. He stated that they are open to talking with the church. Mr. Martin stated that the dialogue was open until the transfer request went in. He stated that he has had conversations with Connie Westbrook and Steve Cramer. He stated that they discussed the noise upstairs and the possibility of hearing it from inside the church. Mayor Robertson stated that she hopes this dialogue can be renewed. 

Pam Cray, 205 Mill Race, asked Council if they could address the concerns they have pertaining to the balcony. She stated that she feels this is a lovely community and she hopes this doesnt isolate people. She stated that the goal should be to unite people and not have bickering. Mayor Robertson stated that she is sorry if this is perceived as bickering. Mayor Robertson stated that the issues at hand have to do with serving alcohol on public property, and that by law this is not allowed. She stated that there are some options that might exist, and one of them could be a lease agreement between Brews Café and the Village. Vice Mayor Lucier stated that she is concerned about there being a precedence set and having other property owners express an interest in building balconies on their buildings. Mayor Robertson stated that Council needs to be aware of any unintended consequences that could come out of their decision. 

Drew McFarland, 230 East Broadway, stated that he is an attorney and is Brews legal counsel. Mr. McFarland stated that he was not acting as Brews legal counsel when speaking tonight and he was not asked by anyone to speak. He stated that there is no law in this village that says its illegal to serve alcohol in a public space. Moreover, he stated that Brews Café should be given the same options (lease) as that of the church when they did their building addition. Mr. McFarland stated that there are really no special issues to address in this situation. He stated that the proposed balcony is part of the liquor premises, and the liquor permit allows liquor to be served on the liquor premises. Mr. McFarland stated that the sidewalk cafés are on public property, and he asked where are the leases for these types of cafés. He stated that there is a strong analogy that these cafés are the same as a porch that has been there since at least 1914. Councilmember Barsky stated that the sidewalk cafés are renewed each year, and that this is something the committees are looking into. Mr. McFarland stated that he feels Brews Café would consider this option and be open to the idea of renewing each year. 

Ross Kirk, 5419 Columbus Road, stated that he supports the move of Brews Café to 116 East Broadway. He stated that he and his daughter go into Brews and as good business people he doesnt feel they will allow bad things to happen at their new location. 

Lucy Shaw, 116 Spring Valley Drive, stated that she agrees with Mr. Kirks statements and wanted to make this a matter of record. 

Barbara Hammond, 123 East Broadway, stated that she is a local business owner and she is in full support of Brews Café move to 116 East Broadway. She stated that Brews is a family establishment and it is not just good for Granville, but all of Licking County. She stated that many patrons of Brews park next to her business and this in return helps her business. 

Becky Barnes, 120 Brennan Drive, stated that she could see Council having a problem with the proposed balcony if the atmosphere was going to be like Brews Too. She stated that the balcony would be used for dining purposes, and she would love to have lunch or dinner on the balcony with her family. She asked Council to state what their concerns would be with the proposed balcony. Mayor Robertson stated that Council has not stated lots of concerns. She stated that our legal department has explained issues differently from what Mr. McFarland had stated. Mayor Robertson stated that Council has taken a stand on one side or the other. Ms. Barnes asked why there would be any concern about having a balcony on Broadway, and was it due to aesthetics. Vice Mayor Lucier stated that she has no idea if putting balconies on buildings on Broadway would add to the history of the community. She stated that in New Orleans balconies make sense and she is not making the comparison to New Orleans to be about Mardi Gras, but to compare the architecture. She stated that Council has not even had this issue before them. Mayor Robertson stated that Council needs to look and see - is it a precedent good for the entire community? 

Mr. Martin stated that he has met with the Planning and Zoning Committee and first they didnt need a lease, then they did. He stated that they would like to start some construction before snow, he asked Council if they knew how long this process might take. Vice Mayor Lucier suggested that he speak with his attorney, and Council will speak with their legal department. Mayor Robertson stated that Council meets just twice a month, and that members of Council have fulltime jobs, and so are not fulltime Council members. She stated that there is a chance that Council might know something by their next Council meeting. 

Brian Newkirk, 77 Clouse Lane, stated that he is co-owner of Brews Café and he handles the insurance for them. He stated that it should be noted that 70% of the receipts from Brews Café are for food, while 30% are for alcohol  mainly beer. Mr. Newkirk stated that he has lived in Granville for many years and he has a three year old daughter and an eleven year old daughter. He stated that he and his family frequent his business. Mr. Newkirk stated that Granville will remain the same if Brews Café moves three doors down. He stated that although he wishes the new location would have been three doors down the other way  away from the church. He stated the property located at 116 East Broadway was for sale for three years. He stated that the church had the opportunity to purchase this property if they wanted to control the real estate. Mr. Newkirk stated that the letter he received from Manager Hickman about tonights meeting was in regards to the transfer of the liquor license. He stated that the major hang-up seems to be associated with the proposed balcony. He stated that he wasnt as prepared to speak to this matter because he thought the purpose of the meeting was for the license transfer. Councilmember Herman stated that Brews Café was sent this letter because of objections the church had with the proposed balcony (that over time expanded to the church objecting in total to the transfer) and Council wished to hear from other members of the community. Mr. Newkirk stated that he thought it was ironic that Brews Café was asked to come to the meeting, and not Broadstreet Deli who also applied for a liquor license and is closer to the church than Brews current location. He stated that our interests seem to fight more of an uphill battle. Mr. Newkirk asked why parking is a concern when it comes to his building when there is a precedence that says there is no concern with other buildings. He stated that it seems some would not like to see a guy succeed. Manager Hickman stated that in regards to Broadstreet Deli, the village had not received anything official until yesterday. He stated that there were rumors that the deli was going to apply for the liquor license. Mayor Robertson stated that she will have Manager Hickman look at the BZBA in regards to Mr. Newkirks statements and that everyone should be treated fairly. Vice Mayor Lucier stated that she was on the BZBA and feels things are handled fairly. Mr. Newkirk stated that Council should be aware that in regards to the liquor license, Brews Café are good stewards, and he thinks folks would want us to have it, rather than someone else. He stated that he had a conversation with a gentleman from York, PA who was interested in opening a nite club in Granville. He stated that he knew this was something that would not be wanted in the community and if Brews were to ever become just a bar he would sell his shares because he is not interested in being in the bar business. Mr. Newkirk stated that if Brews Café doesnt own these liquor licenses someone else will. 

Mr. Newkirk than spoke about a C2 liquor permit he is requesting for 226 East Broadway. He stated that his number one reason for wanting to acquire the permit was because its available. He stated that if he doesnt obtain it someone else will. He also stated that the liquor permit is a valuable thing to own. Mr. Newkirk stated that he has no plans to open a carryout in the near future. 

Dennis Kushon, 327 East Broadway, stated that he lives next to two establishments that serve alcohol in downtown Granville. He stated that he has had a positive experience and that he loves to hear the wonderful positive chatter from his porch. Mr. Kushon stated that he and his son enjoy going to Brews Café. 

Steve Cramer, Pastor of Centenary United Methodist Church, stated that he lives next to the Buxton Inn and at times has been awakened at 2:00 a.m. due to noise from the establishment. He stated that it depends on how the alcohol is managed and that the alcohol can have an influence. Mr. Cramer stated they are not there to create a war, and that he has nothing against Jerry Martin. He stated that we are all neighbors and we want to live in harmony. He stated that the church has been called neo prohibitionists and they are not against alcohol, but the misuse of alcohol. He stated that in regards to the church not responding too quickly to the alcohol permits, they were never really told the intent of the use of the building at 116 East Broadway. Mr. Cramer stated that he had had earlier conversations with Mr. Martin, but was never really told what would go in the new location until he received the liquor license transfer information from the State Liquor Board. Mr. Cramer stated that Brews is one place serving alcohol, but we will now have possibly four places right in the immediate downtown area. He asked how this will influence the atmosphere of the town before it crosses over to something we dont need or want in our community. Mr. Cramer thanked the Council for listening to both sides. 

Councilmember Herman asked if Mr. Cramer could give the specific objections the church had. Mr. Cramer stated that some of the issues raised by Centenarys Church Council include noise, the balcony and noise associated with the balcony, the third floor music, parking, and trash. Mr. Cramer stated that he is not trying to say that laughter is bad. He stated that he hopes Brews Café would consider heavy duty insulation on the inside of the building to alleviate any noise issues. Mr. Cramer stated that another issue would be treating the architecture equally. He stated that the church had plans for a stairway on the outside of the building, but they were asked to move it inside and they would like to see equal consideration. He stated that it is his understanding that the proposed sidewalk next to Brews would be five feet wide in some areas but three feet wide next to the stairs. Mr. Cramer ended by saying that he would like to work together. 

Councilmember Herman stated that in regards to the stairs/sidewalk width it is important to point out that there was a substantial negotiation relative to the thirty plus feet the church took from green space. He stated that in terms of an equitable situation, this is something to bear in mind. 

Mayor Robertson stated that it would be her hopes that the two parties could speak more about these issues. Mr. Cramer stated that the church would be willing to do this. Mr. Martin also indicated that he would not be opposed to meeting.

Sandy Wilson, 33 Bending Oak Drive, stated that she wished to speak about the issues brought up in regards to trash. She stated that there is not enough room to put another dumpster in the rear of Brews Café, and that the trash is picked up everyday, but she can not control what time of day the trash hauling company picks it up. She stated that Brews is currently busting at the seams. Ms. Wilson stated that she recently took pictures of another building that seemed to have trash issues. Ms. Wilson stated that the new Brews location will allow for a new place to conceal the trash dumpsters. Mr. Newkirk later stated that there will also be a grease trap installed so that it wont have to be put in a dumpster. 

Frank OBrien Bernini, 338, stated that he would like to ask Council to not be neutral in this situation, but support a local business. He stated that he has never witnessed any boisterous or noisy activity outside of Brews establishment. 

Terry Miller, 36 Hampden Drive, stated that he has been a township resident for 47 years and that the Village is way too uptight. He stated that it appears to him that Brews and the church have the same goals and that they need to get together to iron things out. Mr. Miller stated that Brews helps sponsor the 4th of July fireworks for our community. He stated that he knows Reverend Cramer well. He stated that some of the stuff that happens at Council is often talked about at Brews. Mr. Miller stated that there was a time years ago when Denison students had to drive to alcohol establishments. He stated that he feels it is safer to have students (of legal age) walk down to Brews and then walk back up the hill. 

John DeNune, 234 East Broadway, stated that he is the skunk at the garden party. Mr. DeNune stated that he lives close to the proposed liquor license establishments and he is opposed to them being permitted. 

Brian Newkirk stated that Mr. DeNune is his neighbor and they are friends. He stated that the State determines how many liquor licenses should be available  not him (Brian Newkirk). He stated that maybe the goal should be to talk to the Liquor Control Board to see if too many permits have been issued. 

Dave Love, 437 Oak Meadow Drive, Pataskala, stated that the Liquor Control Board investigates the requesting permit establishments very thoroughly. He asked Council to let them do their job. He stated that he sees Councils support of the church as a small violation between church and state. Mayor Robertson stated that Council is not going to the hearing on behalf of the church, they are going as an interested party. 

Tom McCullough, Lay Leader at Centenary United Methodist Church, stated that he had some additional things hed like to mention. He stated that in regards to the first permit from Broadstreet Deli, the church did object, but did not request a hearing. Mr. McCullough stated that the church was not aware of any easement requests when they made their decisions. He stated that the church has a legal right to say that we believe the character will change. Mr. McCullough stated that Centenary United Methodists Church is not against alcohol, but the misuse of alcohol. He stated that the Council is being prayed for and that they are praying for wise decisions to be made by everyone. 

Mayor Robertson closed public comments at 8: 50 pm.

There was a ten minute recess.

 PUBLIC HEARING (9:02 pm) Ordinance No. 28-04, An Ordinance To Establish The Granville Village Managers Salary For 2005. No one appeared to speak for or against Ordinance No. 28-04. Mayor Robertson closed the public hearing.

 NEW BUSINESS (9:03 pm) 2005 Municipal Budget  Vice Mayor Lucier confirmed receipt of the 2005 Proposed Municipal Budget. Second by Councilmember OKeefe. Resolution No. 04-65, A Resolution To Establish The Time And Place Of A Public Hearing For The 2005 Municipal Budget As Proposed By The Village Manager, was introduced by Councilmember Barsky. Second by Councilmember OKeefe.

Discussion: Councilmember Barsky noted an error in the Resolution year  should be 2004, rather then 2003. Council stated that the public hearing would be December 1, 2004. 

Motion carried. Resolution No. 04-65 was adopted.

OLD BUSINESS Ordinance No. 28-04, An Ordinance To Establish The Granville Village Managers Salary For 2005 was re- introduced by Vice Mayor Lucier. Second by Councilmember Herman.

Discussion: None.

Roll call vote: Barsky, Hartfield, Herman, Lucier, Main, OKeefe, Robertson (7-0)

Ordinance No. 28-04 is adopted. 

REVIEW OF MINUTES Regularly Scheduled Meeting of October 20, 2004 Councilmember Main moved to accept the minutes as amended; seconded by Councilmember Herman. Motion carried, 7-0.

Regularly Scheduled Meeting of November 3, 2004 Councilmember Herman moved to accept the minutes as amended; seconded by Councilmember Barsky. Motion carried, 7-0. 

MAYORS COURT REPORT  October The Mayors Court Report for the month of October was presented for review.

Discussion: Councilmember Barsky inquired on the increase in No Parking tickets. She asked if they were issued in a specific area. Manager Hickman stated that they are typically given where permit parking has been issued. Councilmember Barsky asked if it is typically Denison students who receive these tickets. Manager Hickman stated yes. Mayor Robertson added that new students come who arent familiar with these No Parking areas. 

Councilmember Barsky moved to accept the October reports; seconded by Vice Mayor Lucier. Motion carried 7-0.

Mayor Robertson instructed the report be filed with the Clerk. A copy of the said report is included as part of these Minutes. 

MANAGERS REPORT  October The Managers Report for the month of October was presented for review. 

Discussion: Councilmember Barsky stated that the number of leaf pickups is ½ that of last year. Manager Hickman explained that this is the second year the village has added a second leaf pickup machine. He went on to say that one crew will continue leaf pickup next week. 

Mayor Robertson stated that out of 52 weighed trucks, there was only one violation issued. She stated that this shows that the scales are a huge success, at least for this particular month. 

Councilmember OKeefe inquired on a specific truck she saw on Broadway and asked what types of trucks would and wouldnt be allowed. Manager Hickman stated that unless they are doing business on Broadway they shouldnt be there. He stated that for example, a grain truck making a stop at the mill would be allowed. 

Vice Mayor Lucier inquired on the Income Tax Evasion investigated by Officer Dawson. She asked if this is common. Manager Hickman stated that the tax commissioner will handle cases like this to a certain point, and that they sometimes need to be turned over to the police He stated that a citation is typically given. 

Councilmember Herman inquired on the Special Detail  Fatal Vision Glasses and asked what this was in regards to. Councilmember Barsky stated that special thick glasses are given to individuals by police officers to show them what might happen when drinking irresponsibly. She stated that individuals who wear the glasses are asked to drive a golf cart on an obstacle course and with the thickness of the glasses, driving impairments are often shown. This would emulate the effect that alcohol could have. 

Councilmember Hartfield moved to accept the October report; seconded by Councilmember Barsky. Motion carried 7-0.

 Mayor Robertson instructed the report be filed with the Clerk. A copy of said report is included as part of these Minutes. 

COMMITTEE REPORTS 

Economic, Finance, Personnel Committee (EFP)  Hartfield, Herman, Lucier Councilmember Herman stated that a letter went out to participants of the last River Road meeting. He stated that the letter said that the Village is working on calculations of different scenarios in regards to costs for sewer extension. Councilmember Herman stated that Manager Hickman would meet with the property owners to see what their contribution levels would be. Manager Hickman stated that this meeting will likely take place on November 24th at 4:30 p.m., and he will confirm with everyone. Councilmember Herman stated that the committee will likely meet after the budget presentation on December 1, but before the December 15th Council meeting. This date is yet to be determined. 

Light, Safety, Sts/Sidewalks, Utility Committee (LSSU)  Lucier, Hartfield, Main Councilmember Hartfield asked for the agenda for the next meeting to not include the Walkability study. She stated that the committee will have some odds and ends to discuss as well as the Thoroughfare Plan, which she anticipates to be lengthy. 

Planning Commission  OKeefe Councilmember OKeefe stated that awnings for Green Velvet were approved. She stated that the committee addressed some wall sign modifications, and that a house east of the Buxton Inn was approved to get a new porch. 

Senior Committee  Robertson No Report.

Union Cemetery Main Councilmember Main stated that the committee is working on the application process to include Old Colony Cemetery to be listed in the National Registrar of Historic Places. The Granville Foundation supplied the original funds for this, and they will be applying again for more funds. He stated that 550 stones have been restored, and there are 150 restorable stones. He stated that by the Bicentennial year, the plan is to move the burial grounds from restoration mode to more of a maintenance mode. 

Councilmember Main stated that the committee has accepted resignations and recognized two individuals who have had outstanding commitment to Old Colony Cemetery. The couple is Ken and Sandi Nihiser. He stated that he wasnt sure if they would agree (due to a previous conversation he had with Ms. Hoffman), but it would be nice to recognize the Nihisers in some way for their work and dedication. Mayor Robertson asked for a Resolution to be made up and for the Nihisers to be invited when it is presented. 

Planning & Zoning Committee (P&Z)  Barsky, OKeefe, Robertson Councilmember Barsky stated that the committee received feedback from the Trustees in regards to a proposed JEDD. She stated that the largest areas of contention include the zoning and the makeup of the JEDD board. She stated that the Trustees would also like their zoning rules to be in place in the JEDD area. Councilmember Barsky stated that Trustees would like to see the JEDD Board made up as follows: 

2 Members appointed by Council 3 Members appointed by the Trustees 1 Member elected by the above four. 

She stated that the proposed arrangement would allow the Trustees to appoint three of the five members, rather than two of the five. Councilmember Barsky stated that the Trustees have proposed including land along Route 16 to the Dow plant that includes Spring Valley land on both sides of the road. She stated that they would like this area to also be considered as possibility for the JEDD, as well as the Dow Chemical Plant. Councilmember Barsky stated that other issues raised were not real deal breakers. Vice Mayor Lucier asked what the rational was for the appointment increasement. Councilmember Barsky stated that Trustee Havens stated that they would be more qualified because of their business friendliness.

Councilmember Barsky stated that the current set up would have approvals would come before the Village Planning Commission, and if these go before a Township Planning Commission do they have the same clout that the municipality has in terms of enforcement. 

Law Director Crites stated that our counter to this is that the Village has broader powers in general than the Township Trustees. He stated that there will be more discussion on this. 

Councilmember Barsky stated that they will discuss LSSUs thoughts in regards to the Thoroughfare Plan at their next meeting. 

OTHER COUNCIL MATTERS Councilmember Barsky stated that Ryan Hilberts should be the contact person on having some Denison students accept a Resolution for community service. She did not have a phone number for Mr. Hilberts, but suggested calling Denisons main number  587-0810. She stated that the only meeting this could take place would be December 1st (depending on their availability) and that the students are gone after that. Councilmember Barsky stated that some of the students have indicated that they dont feel the work they did could be considered a community service. She stated that perhaps this could be addressed when presenting the Resolution. 

Councilmember Herman stated that the Granville Education Foundation Grants committee is working on four or five projects to help kids with special needs. 

Councilmember Herman stated that Community Connections  Commercial Development Committee will take input from earlier meetings and create a template. It was stated that the meeting tomorrow night will be a full meeting at the Board of Education room. 

Brews Café  116 East Broadway

Council discussed how to proceed with Brews Café. Law Director Crites stated that three weeks ago he submitted a lease that was rejected. He stated that Brews would like a ground lease similar to what Centenary United Methodist Church received. He asked Council if they would like a lease negotiated. 

Councilmember Hartfield stated that she would like to review what precedent is being set. She stated that she had some concerns over Mr. Martins email which stated share and share alike. 

Councilmember Herman asked if the question is that if Council says yes now, do they have the ability to say no later. 

Law Director Crites stated that criteria listed in the lease were set by the Planning and Zoning Committee. He stated that Mr. McFarland appreciated the effort, but wished to have a lease similar to that of the church, which he believed to be a long term - 99 year type lease. Law Director Crites stated that Brews Café indicated tonight that they would be open to a lease similar to that of an outside café. 

Councilmember Herman asked if the lease would include the balcony, porch, and side area all in one lease, and he asked if these should be separated into separate lease agreements. 

Councilmember Barsky stated that she would like to have a better understanding of how the church was handled in regards to their proposed stairwell. She asked if Brews stairwell is for general access, or just emergencies. She stated that she thought the only thing that should be looked at for an annual review would be the balcony.

Councilmember OKeefe stated that applications for Whits and Victorias outside cafés are reviewed each year, and that noise and nuisance issues are something that can be controlled because of this. 

Law Director Crites stated that as legal counsel, he does not view the balcony as being the same as an outside café  simply due to the alcohol. 

Councilmember Barsky asked What if later Victorias wants an outside balcony, can Council be capricious in their decision? She also asked if architecture issues can be taken into account on any building. 

Councilmember Hartfield asked if Council has the authority to not allow alcohol on the balcony. 

Law Director Crites stated that it has been his position that the balcony is considered public property. 

Mayor Robertson asked if Law Director Crites could prepare a lease agreement as a starting point. Law Director Crites stated yes, and he agreed that a December 1 timeframe was feasible. 

Councilmember Hartfield stated that she would like to see a draft document on December 1, but not have it introduced. 

Councilmember OKeefe stated that the balcony and stairwell have been approved by the Planning Commission. 

Vice Mayor Lucier stated that this is now known to be public property, and it wasnt at the time of the Planning Commissions decision.

Councilmember Barsky inquired on the structural issues. She stated that she would suggest going beyond the building code and pushing the envelope to the limit. It was stated that a building permit would be needed from the State. Councilmember Barsky stated that Council needs verification that this has been done and she indicated that she has dealt with too many buildings where problems have arisen.

Councilmember Herman asked if the lease agreement indicated that if there is a change in ownership, the negotiations would have to start all over again  fair game all over again. Law Director Crites stated that there is a clause in regards to change of use. 

Mayor Robertson stated that the draft document would not be considered an offer by Council. Councilmember Hartfield stated that she would have concerns that it would be perceived as one. 

Law Director Crites stated that there needs to be time taken to protect the Village and do everything right, just as was done in regards to the church. 

Manager Hickman stated that it should be noted that some opportunities were presented back in October. 

Mayor Robertson stated that the lease document will be reviewed by Council before it is sent out. She stated that it will be a two part lease agreement, and that Councils intention is to have it for December 1st or December 15th. 

Law Director Crites stated that he will have a Resolution drawn up for the December 1 meeting instructing him to continue negotiating a lease agreement with Brews Café, and if Council wishes they can pass this Resolution. 

Councilmember Main stated that in regards to the precedence that is being set, there are no other buildings in the area with an existing porch. He stated that this precedence has in some way already been set, and it wouldnt necessarily show that a balcony could be transferred to another building. He stated that he is not quite as concerned about balcony proliferation.

Councilmember Barsky asked if Council has filed to be an interested party for just the one license. 

Mayor Robertson stated that the C2 transfer to 116 East Broadway is the hearing Council requested to attend as an interested party. She stated that Mr. Martin has not stated any plans for the old Brews location and that a D5 permit is also being requested. She stated that some people do hold these permits without using them. 

Councilmember OKeefe stated that Mr. Martin has the option to extend the lease at the old Brews for five more years. 

It was stated that Mr. Martin indicated that he wished to have the D5 permit to control competition.

Councilmember Main stated that he feels why not them over someone else  to hold the liquor permits. 

Councilmember Barsky added that it would be better than an absentee landlord holding the permits. 

Vice Mayor Lucier inquired on why the additional liquor permits were being issued. 

Councilmember Barsky stated that she has asked Manager Hickman to look into this. 

Kendal  Sewer

Manager Hickman stated that he was not present at the last meeting Mr. Bellman spoke of. Council asked if information was given out that would lead Kendal to believe the costs would be a great deal less. Manager Hickman stated that they had their own estimates and own engineers. 

Councilmember Barsky stated that she was at the meeting and that Kendal is requesting a TIF  which is a reduction in their property taxes. She stated that this request comes as a result of cost overruns due to the sewer line installation. She stated that with the TIF, there would be an $89,000 reduction per year in taxes, and there is concern over what this would do to the schools. 

Councilmember Barsky explained that Kendal originally planned to pay $400,000 to install the lines, but the actual estimation jumped to $650,000 after discussing larger gravity lines with the village. She stated that with the gap, Kendal spoke with Council and it was agreed that Kendal would pay the $650,000 and if any other community customers tapped into the line than those fees would be turned over to Kendal  up to $225,000. She stated that the actual cost to put in the sewer lines was closer to one million dollars and Kendal is now trying to resolve issues associated with this cost overrun. Council discussed the cost overrun and it was stated that there were many issues that contributed, such as water issues, gravity lines, and the general costs to install the lines. 

Councilmember Herman asked if the Village had Kendall install larger lines. Manager Hickman stated not totally. Councilmember Herman asked if they agreed to the larger lines. Manager Hickman stated yes. 

Councilmember Barsky stated that the question is whether Council would consider listening to what happened and consider alternating the cost sharing. 

Mayor Robertson stated that businesses cannot tap in to the sewer lines unless they are annexed in or they want to be part of a JEDD. 

Councilmember Herman asked if the Township had taken a position on this. 

Councilmember Barsky stated that they know they need to take a position. She stated that during the meeting she stated that she thought Council might listen if Manager Hickman was presented with all of the data. She later stated that she put Council in the position to listen to the reasons for the cost overrun, if the data was presented, but she was not sure they wanted to show the data. 

Councilmember Herman asked if there was any part of the arrangement where the Village didnt do what they said they were going to do. Manager Hickman stated no. 

Vice Mayor Lucier stated that there is an emphasis on what dollars the schools will lose, but it actually will affect all abatements if the TIF is put in place. 

Councilmember OKeefe stated that she didnt think Council should get involved. 

Councilmember Main stated that if we adjust the cost sharing, they could redo the money and have less money in the TIF. 

Mayor Robertson stated that if Council would allow more allotment with the $225,000  this could put more pressure on them for more development. She stated that they need to look at what pressures could come to bare down on Council. 

Manager Hickman stated that he would hate to lose the capital improvement fund for their (Kendal) sewer. 

Councilmember Hartfield stated that she doesnt mind listening to what they have to say, but it doesnt necessarily mean Council would need to act in some way. 

Mayor Robertson stated that she is hearing a majority of Council saying to let the process work. She stated that Council at this point chooses to not get involved, and it will be something for the Township to take up. 

Fiscal Impact Study  Randall Gross  MORPC

Mayor Robertson stated that Clark Berdan, Vice Mayor Lucier, and herself met and discussed Randall Grosss proposal to do a Fiscal Impact Study for the Village of Granville. She distributed a copy of information to Council. Mayor Robertson stated that this study could be beneficial for many things Council is working on such as the Community Connections process and the work being done by Mr. Steve Millett. She stated that they are proposing that the costs be covered by asking the school board to contribute $2000, and maybe $1000 from the Township, and the remaining $6500 from Council. Mayor Robertson stated that the study looks at many different things and it would address the fiscal impacts for the governmental entity. She stated that similar studies have been done for Delaware, Newark, and Worthington. Vice Mayor Lucier added that the study is easy to read. 

Councilmember Herman stated that he would like to see broad support from the Community Connections group for this study. 

Councilmember Hartfield stated that it appears to be a statistical analysis. She asked if other sub committees from Community Connections should speak with Mr. Gross as well. 

It was asked who approached who. Vice Mayor Lucier stated that the committee approached Mr. Gross after seeing some of his work. She stated that he will look at the entire school district when doing his report. She stated that he was suggested by a MORPC employee. 

Councilmember Main stated that he was disturbed by a comment made by Mayor Robertson in regards to Mr. Gross being interested in preserving other communities. Mayor Robertson stated that he wont make the data biased. Councilmember Main stated that he would feel much better if Mr. Gross went into the collecting of data without a care of either side. Councilmember Main stated that the price/fee is reasonable. 

Mayor Robertson stated that they would like to present this at the meeting tomorrow night and asked for someone to move to approve the expenditure, and Council could be responsible for up to $6500 of the $8000 cost. 

Councilmember Main moved to approve the expenditure for the fiscal study done by Mr. Gross. Second by Vice Mayor Lucier. (6 Yeas, 1 Nay). 

 Mayor Robertson stated that there will be an Intergovernmental Meeting on November 29th. 

 EXECUTIVE SESSION Pursuant to ORC 121.22(G)(2)  To consider the purchase, or sale of property&&... (118 South Main Street). Councilmember Main moved to enter into Executive Session, Seconded by Councilmember Barsky.

Roll call: Hartfield, Herman, Lucier, Barsky, Main, Robertson, OKeefe, Hartfield (7, 0)

Time in: 11:00 pm.

Councilmember Hartfield moved exit out of Executive Session and return to Regular Session. Seconded by Councilmember Main.

Time out: 11:11 pm.

Roll call: OKeefe, Robertson, Main, Barsky, Lucier, Herman, Hartfield (7, 0) ADJOURNMENT (11:12 pm) Councilmember Main moved to adjourn. Second by Hartfield. Motion carried, 7-0. Meeting adjourned.

 Submitted by Melanie Schott 

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