City Council

Office of the Clerk of Council City of Gahanna 200 South Hamilton Road Gahanna, Ohio 43230 Meeting Minutes City Council Stephen A. Renner, President Ryan P. Jolley, Vice President Beryl D. Anderson Karen J. Angelou Brian D. Larick David L. Samuel Brandon Wright Isobel L. Sherwood, MMC, Clerk of Council Monday, May 20, 2013 7:00 PM City Hall Council May Meet in Caucus Beginning at 6:45 p.m. A. CALL TO ORDER - Invocation, Pledge of Allegiance, Roll Call Gahanna City Council met in Regular Meeting on Monday, May 20, 2013, at Gahanna City Hall, in Council Chambers, 200 South Hamilton Road. President of Council Stephen A. Renner called the meeting to order at 7:00 p.m. Invocation was given by Council Member Jolley. The Pledge of Allegiance was led by Council member Anderson. Agenda for this meeting was published on May 17, 2013. Present 6 - President Stephen A. Renner, Ryan P. Jolley, Karen J. Angelou, David L. Samuel, Beryl Anderson, and Brandon Wright B. ADDITIONS OR CORRECTIONS TO THE AGENDA - None. C. HEARING OF VISITORS. Wright presented approximately 20 students of the 2012/2013 Gahanna Lincoln High School Speech & Debate Team Members with a resolution which he read; said we are very proud of you and your accomplishments; wanted to honor you; you have represented Gahanna well locally, at the state and nationally; have three members who will be competing nationally, meaning they are in the top 250 students in the nation; thank you all for your excellence. Stephanie McCann, thanked Council on behalf of all the team and said they appreciate the support from Council; said we have certainly grown as communicators and people. Renner said we have several speaker slips; this portion is for those wishing to speak to something not on the agenda. Doug Mullett, 8241 Longhorn Road, Powell, Aspen Energy; said we work with cities, counties and townships partnering them up with third party electricity suppliers through government aggregation programs; this would be for households and small businesses to negotiate a rate that is a savings of 30 to 35% per household or small business; the average household uses about 10,000 kilowatt hours annually; savings is a minimum of a penny and a half per kilowatt hour; which relates to $150.00 annually per household; here to gauge interest and see if there would be any interest in meeting with us to discuss the topic further. Renner suggested Mullett contact City of Gahanna Page 1 City Council Meeting Minutes May 20, 2013 Dottie Franey, Director of Public Service. Ray Kautz, 199 Regents, said I am here to reference the tax increase that was on the ballot; wasn't sure about feelings whether it would be back on the ballot; when and if; if so a suggestion I made about 6 weeks ago was to actually put it on the ballot in November as opposed to an August election; my reasoning was because of the voice of the voters, and that was actually in the news; knew it was going to be a factor and our Mayor said the same thing after it failed that there was some voter apathy; feel the date was most likely the issue; if bring it back up would say go with November; do not know if that is an option; know there are going to be decisions to make that are not going to be easy. Mayor said the date for the August election is past; decision would have to have been made the night after the election; think the date for a November ballot issue would be August 7th. Jeannie Hoffman, 708 Waybaugh Dr., said I am just going to read a letter I sent Mr. Renner; am wondering your thoughts on the cancellation of the Freedom Festival; to me it makes little sense; where has the focus of this community gone; if Gahanna is so friendly and so proud of the small community and closeness it brings why cancel such a big community event; seems the event packs a big bang for the buck; I agree that we need to make spending cuts; what other items are under consideration; the money for the event has already been allocated in the 2013 budget and is such a small amount in the overall budget; if we are in such a pinch the City needs to make a push for donations; have we considered that we are encouraging Gahanna residents to travel to other cities to spend their money on meals and other Fourth of July festivities; not only are we foregoing a little bit of cost but foregoing revenue; I say wait until there are 4" of snow to plow and bring back the Freedom Festival. Alicia Halloway, 962 Bryn Mawr Dr., said I was one of the people who spoke about putting the vote on the ballot in November, because I didn't think there was enough time for people to understand what the issues are; I did take it upon myself after that to try and understand and met with City Council members as well as former employees and members of the government of Gahanna; even with that still thought there was quite a bit of information to absorb; one thing comes to mind as a business person who has lived through several of these crunches in the economy over the last few years, is that you don't ever try and do anything differently until you are forced to; you get creative when you have to; I did spend some time talking to Collins last week and spoke about the frustrations and challenges of Parks & Recreation; some of the things he mentioned were that they are having a very difficult time finding employees for summer work; so many kids and young adults that do not have jobs, are we seeking to employ those people; are we talking to Columbus State and the high school counselors about kids who might want to do this type of temporary work; are we reaching out to other cities like Westerville and Whitehall who might have similar situations where they would have employees that could do a job sharing type of arrangement where they work in Westerville part-time and in Gahanna part-time; you could raise the cost of pool memberships; with the bike paths and trails there are a certain number of residents who enjoy using them; recruit some of them to do maintenance items on the paths; concerning the Freedom Festival cancelling contract maybe we should be looking at cancelling the contract for the engineering and design work on the 270 at Hamilton Road bridge; two contracts for both the structural and architectural design; not even mentioning the cost of the signage and lighting proposed for that bridge. Samuel suggested Halloway look into serving on a board or committee here in Gahanna. Ed Toney 626 Harrow Ct., said I am here to talk about the tax levy; when it was first proposed I wasn't sure if I was for or against it, but after attending some meetings and reading the flyers and the State of the City message, I voted for the increase; you need to continue your support as a Council for that tax levy and here is the reason; I City of Gahanna Page 2 City Council Meeting Minutes May 20, 2013 don't know what a big government is and I don't know what a small government, but I know what an effective government is; without resources to provide for this City's welfare and the welfare of its citizens in the form of money and your wise decisions of the use of that money it will become an ineffective government; trying to determine what grass we are not going to mow and what pool to close down and all these other things; we need to continue on the path of effective governance by insisting again and again if necessary, like a school levy to pass the necessary funds to operate this City to the benefit of the people. D. INTRODUCTIONS AND ASSIGNMENT TO COMMITTEE: Ordinances - To Be Introduced and Assigned to Committee: Ordinances introduced by title, by Anderson. ORD-0087-2013 TO AUTHORIZE THE MAYOR TO EXECUTE A LEASE AGREEMENT FOR OFF PREMISE SIGNS WITH STRATHMORE DEVELOPMENT COMPANY FOR CREEKSIDE PROJECT SIGNAGE. ORD-0088-2013 TO AUTHORIZE THE MAYOR TO ENTER INTO CONTRACT WITH THE GAHANNA JEFFERSON SCHOOL DISTRICT; FOR THE PROVISION OF SCHOOL RESOURCE OFFICERS TO THE GAHANNA-JEFFERSON SCHOOL DISTRICT FOR THE 2013/2014 SCHOOL YEAR. ORD-0090-2013 TO AUTHORIZE THE MAYOR TO SIGN LETTER OF ENGAGEMENT FOR REFUSE CONSORTIUM REPRESENTATION BY EASTMAN & SMITH, LTD. ORD-0091-2013 TO REZONE 3.9+/- ACRES OF PROPERTY AS ROD/SF3, RESIDENTIAL OVERLAY DISTRICT/SINGLE FAMILY 3; SAID PROPERTY LOCATED AT 5593 HAVENS CORNERS ROAD; KNOWN AS THE MEADOW B R O O K E SUBDIVISION; BROOKEWOOD CONSTRUCTION COMPANY, INC., DOUG MADDY, APPLICANT. E. CONSENT AGENDA: Minutes - To Approve: 2013-0016 This Matter was Approved and Filed on the Consent Agenda. Ordinance: Introduce, Waive Second Reading, Adopt as Emergency: ORD-0089-2013 TO AUTHORIZE THE MAYOR TO SIGN A TRANSFER EXEMPT City of Gahanna Page 3 City Council Meeting Minutes May 20, 2013 PERMIT APPLICATION TO AN ECONOMIC DEVELOPMENT PROJECT FOR LOCAL CANTINA, 101 MILL STREET; AND TO DECLARE AN EMERGENCY. This Matter was Introduced, Second Reading Waived, and Adopted as an Emergency on the Consent Agenda. Ordinances on Second Reading: ORD-0080-2013 TO AUTHORIZE THE MAYOR TO ENTER INTO CONTRACT WITH EMH&T FOR PROFESSIONAL SERVICES RELATED TO THE SYCAMORE RUN PERMITTING PROCESS. This Matter was Adopted on the Consent Agenda. ORD-0081-2013 TO AUTHORIZE THE DIRECTOR OF PUBLIC SERVICE TO AWARD AND THE MAYOR TO ENTER INTO CONTRACT WITH BRICCO PLUMBING & HVAC FOR THE CCTV AND SANITARY SEWER CLEANING PROJECT This Matter was Adopted on the Consent Agenda. ORD-0085-2013 TO ADOPT THE HAMILTON ROAD CORRIDOR PLAN, PREPARED BY OHM FOR THE CITY OF GAHANNA, OHIO This Matter was Adopted on the Consent Agenda. Resolutions to Adopt on First Reading: RES-0008-2013 TO HONOR AND COMMEND THE GAHANNA LINCOLN HIGH SCHOOL 2012/2013 SPEECH AND DEBATE TEAM. This Matter was Adopted on the Consent Agenda. Motion Resolution: MR-0023-2013 This Matter was Approved on the Consent Agenda. Passed The Consent Agenda A motion was made by Samuel , seconded by Anderson, to approve the Consent Agenda. The motion carried by the following vote: Yes: 7- President Renner, Jolley, Larick, Samuel, Angelou, Anderson and Wright End of the Consent Agenda City of Gahanna Page 4 City Council Meeting Minutes May 20, 2013 F. PUBLIC HEARINGS: Z-0001-2013 To consider a Zoning application to zone 3.9 +/- acres located at 5593 Havens Corners Road; current zoning ROD/SF3 (Residential Overlay District/Single Family), requested zoning ROD/SF3; Brookewood Construction Company, Inc., Doug Maddy, applicant. Renner read the rules that would govern the public hearings tonight; said there are two, and asked Jones to explain the applications. Anthony Jones, Director of Planning & Development, said I will speak to the detail of the zoning change; here to discuss the rezoning of 5593 Havens Corners Road as well as a variance that is part of that request; applicant is Brookewood Construction and they are here tonight; the zoning change/variance request before Council this evening can be summarized to rezone 3.9+/- acres; this zoning would insert new language into the overlay text that would be recorded if Council passes this; the variance before you would allow a variance to the curb and gutter requirements as outlined in 1107.01(a) and a variance to not require sidewalks on both sides; Planning Commission did approve this zoning change and the variances before Council this evening; they did also approve two other variances for the project that required no other Council action at all; was under their purview; those variances have been approved and are currently being challenged at the Board of Zoning Appeals which will be heard on May 23rd; request is to increase the total number of parcels to 15; important to note that the rezoning is for 3.9 acres, not for the entire lot; it excludes the existing home that is occupied; the zoning change and variance request changes it in a few ways; currently the total subdivision is 4.7+/- acres; is residential overlay district SF-3; base zoning is SF-3, and ROD is additional restrictions on top of that; does currently require curb and gutters and sidewalks on both sides of the street and allows 9 units; the change before Council this evening would rezone 3.9 acres of that property; excludes lot 9 as I mentioned previously for the currently existing home; would still be residential overlay SF-3 zoning; would just have new language in it outlining some of the requirements; proposes to have no curbs and gutters and sidewalks only on one side of the street; the proposal would allow 14 units on the property which would total 15 with the one excluded from this application; when considering this zoning change Planning Commission has a set of criteria that they use; criteria is remunerated here as part of code section 1133.03; I'll summarize these details; currently the Comprehensive Land Use Plan says that this area is appropriate for residential; the plan recommends 3 to 5 residential units per acre; is compatible with the surrounding land use; they have shown extensive mitigation efforts to stop any environmental impact from the project; City of Gahanna Page 5 City Council Meeting Minutes May 20, 2013 there are limited areas in our community for single family subdivisions; we are built out with only pocket developments going forward; with the environmental analysis of the zoning change, there are existing trees on the eastern portion and they have created a no build zone to buffer those from the neighbors; it abuts the Souder Ealy Ditch on the south and they have created a preservation zone; worked closely with Franklin Soil and Water Conservation District as well as the City Engineer on stormwater drainage plan for the project; they have implemented Best Management Practices (BMP's) to mitigate the stormwater impact, which is part of the reason so many variances were requested; they are also requesting a variance and the evaluation criteria for this variance is found in 1103.03; it states that "cases where it is deemed there are hardships, topography or other factual deterrent conditions prevail, variations and exceptions from the dimensional standards and improvements requirements", so the request before you tonight is based on this criteria; it has been recommended by Planning Commission for Council approval; it is important to point out that Planning Commission did put three contingencies on their approval of this project; 1) That the applicant amend the deed restrictions and the overlay text to give the City the ability to mitigate or repair damage to the BMP stormwater measures and assess the owners for any related cost; Ewald and Wetherholt have reviewed these language changes and are satisfied they are compliant with this requirement; 2) The applicant is also agreeing to construct a sidewalk from the development on the southern portion of Havens Corners Road to Farm Creek Drive; from Meadowbrooke to Farm Creek Drive; 3) That the lot 1 building would have frontage along Havens Corners Road as well to create some consistency along the front of Havens Corners, and this was in response to resident requests in the review process; that is all that I have; will be glad to answer any questions. Renner opened the public hearing at 7:28 p.m., and asked for proponents. David Hodge, Smith & Hale, 37 W. Broad St., said I am the attorney for applicant; Jones did a fantastic job explaining the project; change is hard and infill development is hard; it's especially hard where you have a field that is surrounded by properties where people live; surrounding owners take ownership of that property; even though they don't own it it seems like it is theirs; we are not only seeing it here, but we are seeing it down Hamilton Road with the Northeast School where they want to do a garden for vocational and educational reasons for folks with developmental disabilities; some of the surrounding owners like it being a field; liked it being soccer fields for years, and they want it to stay that way; they are having a hard time with it; the neighbors surrounding this development are having a hard time as well; rightfully City of Gahanna Page 6 City Council Meeting Minutes May 20, 2013 so; can understand why that might be an issue; it is fair to have a difference of opinion; but people are not entitled to their own facts, and here are the facts we believe with this proposal; the rezoning request was recommended to City Council by a vote of 5 - 2; the two dissenters on PC were Andrews and Keehner; the variance to allow development to occur without curb and gutter was also recommended to Council by a vote of 5 - 2, with Andrews and Keehner being the dissenters; the variance to allow sidewalks on one side of the street was recommended unanimously; that is according to the Record of Action provided by the Clerk of Council; with reference to some of the merits, the Land Use Plan recommendation for the City says on page 9 that single family residential gross density is 3-5 dwelling units per acre; the proposal before you this evening for the new 8 lots being proposed is 3.1 for the entire Meadowbrooke subdivision including lot 9 that is not a part of the application; we also have learned through this process that traffic is a concern with this development, so even though it was not required we hired a traffic engineer who submitted a study which we presented to Planning Commission and essentially what that traffic study concludes is that emergency vehicles can ingress and egress the site with no issues; there are just no traffic issues associated with this proposal; stormwater mitigation and the affect it has on the Souder Ealy Ditch has been a concern of folks; throughout this process we have studied that and have developed a plan in conjunction and consultation with Franklin Soil and Water Conservation District (FSWCD) along with Wetherholt that incorporates best BMP's and cutting edge stormwater treatment that actually minimizes the flow to the Souder Ealy Ditch above the plan that was previously approved for the property; there has been some discussion about how those are going to be maintained; everyone who buys a lot here is going to be required to join a forced and funded HOA whose sole purpose is to maintain these stormwater mitigation features; that is a part of our text and part of some HOA restrictions that have been submitted to the clerk for your consideration; with reference to the buildings to be constructed here we have submitted a pallet of architectural renderings; these are first rate, fantastic homes primarily with natural materials; there is diversity, they don't all look like the same house; with reference to price point the surrounding homes here, and I just checked this this afternoon, the majority of them are south of $300,000; there are some between $300,000 and $350,000, and one about $366,000; the homes that we are proposing here will range between $300,000 and $350,000; as Jones mentioned there is a bit of a dirth of housing stock in Gahanna, and there is a market for this price point in Gahanna. Renner said you are at 7 minutes, and Hodge said I will reserve the remainder of my comments for rebuttal. City of Gahanna Page 7 City Council Meeting Minutes May 20, 2013 Renner called for opponents. Christie Nickell, 244 Ashley Court, said before I begin my comments I would like to point out the Land Use Plan that has been referenced, the 2002 update, on page 3 the future land use plan, this plan portrays a vision of future land use patterns within the City of Gahanna; it is not the intent of the plan to force or encourage uses other than those presently existing within the area, rather the plan provides a basis for public policy, dialogue and framework for the orderly development of the area; this plan provides a guide for those discussions; it should be no way construed that these are requirements set aside above and beyond the City code. On the front page of the Gahanna.gov website it states: Gahanna's Mission is...to ensure an exceptional quality of life by providing comprehensive services, financial stability, and well-planned development which preserves the natural environment, in order that city government will continue to be responsive, accessible, and accountable to our diverse and growing community of citizens. As a concerned citizen of Gahanna, I am here to say that this rezoning is contrary to this mission to preserve the natural environment with a well-planned development. As well, I have an appeal pending that will be heard this Thursday to address the improper approval of the variances by the Planning Commission. They will say it's only 6 houses, on top of the 9 he has already received approval for. Council has said that 15 homes is too much density for this lot and for this neighborhood. The only changes made were to the water runoff issues. The developer has removed curbs and gutters and added the experimental rain gardens. Suddenly, this makes 14 homes on 3.9 acres a great idea. Creating eyesores that future homeowners will have to maintain and upkeep or they will become a moot point, flooding the southeast corner of the property and causing further erosion. Mr. Watkins of Watcon said during the March 20th Planning Workshop that he wanted to point out that with the disconnection of the roof drainage, that is a big item; will be dumping about 60% of the impervious area directly into the ground; from an engineering perspective I am very comfortable with this and very excited to try and implement this. And if it doesn't work? He went on to say no perk test had been done but said he imagined there were common soils around Gahanna. In fact, according to ODNR the back of this development is tremendously prone to erosion, with AdD2, Alexandia Silt Loam soil. When Ms. Rosan pointed out in the meeting that "when the developer leaves and all the lots are sold, is it the idea that the HOA assumes that control in order to make sure that you don't have people destroying this water detention feature by mowing over them, digging them out, or putting in grass", and "Hodge said it is the hope that you get people that are environmentally conscious and that it is an active HOA." Really? Hope for the best is how we decide zoning changes? If these "hoped for homeowners" don't uphold their end of the bargain, City of Gahanna Page 8 City Council Meeting Minutes May 20, 2013 what then? The developer is long gone. The City of Gahanna will be held responsible. You will have to maintain them. The last I checked, you don't have staff to maintain the parks you already have, much less take care of a couple of rain gardens. Then you'll be responsible for collecting these same homeowners to cover the costs. Hey, you can always "hope" they pay. In the meantime, according to their engineer, Watkins, the water will flow to the Souder Ealy ditch. More erosion and no control over the water. Even David Reutter of Franklin Soil and Water Conservation District said he is "looking forward to seeing how it works." Not exactly comforting. This "green" experiment was the reason the Planning members approved the variances. If this experiment doesn't work - forever - who will fix the damage that will be done from all the unchecked water? Speaking of the density and their request to overturn the ROD that they fought to get; 1152.01, (a) states "that the purpose of these regulations (again, not suggestions) is to achieve: 1) a variation of residential lot sizes without increasing the overall density of the development" (that is the sole intent of the variances) "and a development pattern which shall preserve, maintain and effectively utilize significant open space and environmental resources, such as wooded areas, ravines, streams, wetlands and scenic vistas." Nothing new is being preserved with these new changes, there is no significant open space, and the environment will be threatened by the increased number of buildings and the water retention plans. One of the 5 variances they requested and one that I am appealing specifically covers Section 1152.01 (f) Overall Residential Density - "The maximum of permitted dwelling units shall be determined by dividing the net residential area by the minimum lot size in the base zoning district. Net residential area shall be that remaining after the following areas have been deleted from the gross project area." The calculation of the net residential area shall be included on the ROD development plan. They are conspicuously absent from the developer's plan. These calculations are as follows; 3.9 gross acres (1 acre= 43,560 sq ft) =169,884 sq ft; (1) .76 acre (33,104 sq ft) flood plain = 136,780; 2) 20% off of the gross amount for the street regardless of the amount actually required (33,976.8 sq ft) = 102,803.2; 3) (15 lots X 2.99 individuals/lot X.025 (.025 acres/individual) = 1.12 acres; since we all know the Parks Department does not want the land since they can't maintain it, but want the money in lieu of, it's not subtracted out; so the net residential area is 2.36 acres or 102,803.2 sq ft.; 2.36 acres net (102,801.6 sq ft) / 11,000 (minimum SF- 3 lot size) = 0.35 homes. The ROD density calculation takes precedent over the Land Use Plan and the SF-3 requirements that allow 3 homes per acre, as it is the more restrictive code. In fact, even the City's Zoning Administrator, Bonnie Gard agrees. Nickell continued that it is the responsibility of the City officials to City of Gahanna Page 9 City Council Meeting Minutes May 20, 2013 follow the Code set forth by the City of Gahanna Codified Ordinances. Codes are planned, debated, carefully thought out and enacted to protect the citizens of Gahanna against incompatible, irresponsible development. City Codes are not suggestions, the most restrictive code has always taken precedence; especially over an obsolete, suggested, "vision" for a Land Use Plan, or the straight SF-3 zoning the developer dismissed 7 years ago when they asked for ROD. Codes are there to protect the citizens of Gahanna against incompatible, irresponsible development. With only one workshop, contiguous property owner's concerns were disregarded. Variances were unreasonably approved on the "hope for environmentally concerned homeowners" who might or might not protect this fragile piece of land with experimental rain gardens; 15 homes, the same number that have been denied for the last 7 years, because it is too much density, on soil that is not suitable for building, on what is now 3.9 acres is an unreasonable amount of density; 9 total homes are appropriate for this lot; the numbers agree. The Zoning Administrator agrees; we agree. Please agree with all of us. Kevin Schmidt, 248 Ashley Ct., said I believe Nickell did an excellent job providing some factual arguments as to why this plan is not very good for the area; I would just like to reiterate a few points; the increase that we are talking about has been described as a marginal increase, only a few more homes; what we are talking about is nearly a 70% increase in the density on this lot; I can attest, I am a contiguous property owner and it is very loose soil up against the ditch; as the developer's counsel noted the HOA is set up almost exclusively to maintain the rain gardens and the stormwater mitigation; HOA's are excellent against fences and maintaining those types of things, but when we are talking about structures that protect the integrity of the land itself; protecting the integrity of this property and my property, I don't feel comfortable; I don't think anyone would be reasonably comfortable trusting an HOA for protecting a rain garden; a rain garden is essentially a depression carved into the land planted with some native species; the second or third homeowner may look at that and say I don't want weeds, I want a garden; by that time the homeowners may not even know what it is; this HOA is tasked with protecting structural integrity; on my land directly across there is a tree that is about three stories high that is leaning dangerously because of erosion over many years; it is an erosion prone area; not anything this developer did; we are talking about a final decision that you will make that will affect our property forever; it is already having negative consequences on the surrounding landowners; I would urge you to really dig deeply into the so called stormwater mitigation techniques and decide for yourself if you think they have been applied in this type of loose loam soil, if you think they can be trusted to forever protect the integrity of the surrounding landowner's property; to protect them City of Gahanna Page 10 City Council Meeting Minutes May 20, 2013 against falling trees due to such densely developed land across the creek then maybe you can support it; l would respectfully suggest that you come out to my property and take a look at it yourself and then make your decision; I hope that common sense will prevail. Renner asked for rebuttal. Hodge said the adjacent property owner Ms. Nickell did file an appeal with BZA that is going to be heard Thursday night; we feel the appeal is without merit and we are optimistic that we will prevail at BZA; many of her issues spoke specifically to the density variance that was passed, and that will be discussed on Thursday night; with reference to the rain gardens and this insinuation that they are experimental; the Civil Engineer on this project is Jim Watkins of Watcon, he is on Shull Ave. here in Gahanna; he has a small rain garden at his office that drains over two acres and has been there a couple of years and it functions perfectly well, so we have a civil engineer who has experienced this type of treatment and he is confident that the system being proposed will work as is the FSWCD, and your engineer Mr. Wetherholt; with reference to the HOA, it is not the expectation that they are going to meet once a month and pick weeds and do this thing themselves, they are going to hire someone to manage these for them; the maintenance on these is low; again our civil engineer has experience with them; we think it is going to be relatively easy to maintain this and experience shows that it will; with reference to the invitation to visit the property, Watkins has repeatedly invited people over to his office and I am sure that invitation is open to members of Council; it is aesthetically wonderful and his neighbors tell him regularly that they are happy he did that on a street in Gahanna without curb and gutter; with reference to the discussion about 9 lots being appropriate and that is what we should do, it is all well and good to say that, but the fact of the matter is that back in 2006 when the subdivision was approved, it wasn't good enough for Ms. Nickell and she filed an appeal and went to court and that appeal died for lack of prosecution and ended up being dismissed; so that concludes my remarks; I am happy to answer any questions; we respectfully request that this zoning be adopted. Renner closed the public hearing at 7:50 p.m., and said this will be discussed in Committee of the Whole on Tuesday, May 28th. V-0004-2013 Renner opened the public hearing at 7:52 p.m. said that the same rules will apply, and asked for proponents. Hodge said the two variance requests are to not have curb and gutter on the street and to not have sidewalks on both sides of the street; the sidewalk is on the east side of the street and comes down and extends around the cul-de-sac and comes up to the southeast corner to lot 11 so there is just one lot in the subdivision that is not going to have direct access to the sidewalk and they will essentially come out of their City of Gahanna Page 11 City Council Meeting Minutes May 20, 2013 driveway and access that sidewalk; the purpose of the variance is to facilitate this BMP stormwater treatment program that we have worked through with the Planning Commission; we have studied this extensively; before we even submitted the plan we met with FSWCD and your city engineer, and have developed a plan that works; and there is even some movement afoot in some municipalities to allow these, and certainly in Franklin County to allow no curb and gutters and sidewalks to facilitate this type of stormwater treatment; we do meet the criteria for the granting of the variances and meet the standards; if there are specific questions about why no curb and gutter and why no sidewalks on one side of the street, Mr. Catkins is present. Angelou and Anderson said they would like to have Watkins explain why no curbs and gutters. Jim Watkins, Watcon Consulting Engineers, 83 Shull Ave., said as to why we are eliminating curb and gutter; the thinking of the traditional way of collecting water in the street channelizing and storm sewer and directly discharging to the stream as we know in a sensitive area will pose a bigger problem because you have a direct release; direct discharge, pipe flow right into a stream; so the intent when you do a development in a sensitive area you are trying to lessen the impact of that direct discharge; so by eliminating the curb and gutter inlets or curb and gutter which channels the flow, we want to spread that flow evenly across the road and then eventually dumping into these open ditches; so we are trying to sheet flow that drainage across the road into a grass open channel swale and let it try to percolate itself into the natural ground water; we do have areas where we have rain guards; that is the same effect; we want to try to scatter these BMP's throughout the site to lessen that impact or direct discharge of the collected stormwater and go directly into the stream here; what is old is new again; if you look where my office is at there is no curb and gutter and it works beautifully; I would like to invite you to my office to see the rain garden and explain this further; I am confident this is a good design; believe this development is a good one and will help this sensitive erosion area. Anderson said related to that, how do you envision enforcement for the HOA maintaining this so that it works to the level you are suggesting. Watkins said we will be providing drainage easements for the BMP's so that gives the enforcement if some neighbor intentionally clogs the BMP it gives the right for the HOA or the City to maintain that BMP. Hodge said the legal issue is that it is in our text and we have submitted a draft set of HOA documents that creates the HOA; in consultation with Watkins we are told that there are organizations that can be contracted with to come out on the site regularly and provide the maintenance necessary to ensure the functionality of all of these mechanisms. Anderson said what if the HOA doesn't do that. Hodge said if the HOA doesn't do that our text and our HOA documents specifically provides for the City the right to come on to property to maintain those and that the City can charge the cost associated with the maintenance back to either the HOA itself or individual lot owners; it's the same way it works in an HOA let's say they are up and running and the guy who owns lot 3 doesn't pay his dues or assessments, the HOA has the right to go to the Recorder's office and put a lien on that he has to pay; that lien sits there with interest and if he refuses to pay it it accrues interest and when lot 3 eventually transfers that lien gets paid; so the City has the same rights in this as the HOA. Anderson asked who paid for the traffic study and Hodge said we did, Brookewood Construction Company; our traffic engineer is also here, and he is one of the best in town; traffic study was reviewed by the Planning Commission and your engineer. Renner said the time has expired. Angelou said I have a question. Renner extended the time for 3 more minutes. Angelou said stormwater management is probably one of the largest problems that the City has and can have as far as degrading properties; I have been out to view this stream and I am really concerned when you said this works better than a strong City of Gahanna Page 12 City Council Meeting Minutes May 20, 2013 discharge into the stream; there is still going to be water going into that stream and it truly is one that has a whole lot of erosion in it; part of the problem was a ditch, and I don't know if it was upstream or down stream, we were working on because there was such strong erosion supposedly because of building to the east bringing in more water; how many are there of these rain gardens, is there any we can see beside your office that are actually working well for a long period of time; are there any in this area. Watkins said I think Westerville has what they call right of way rain gardens; that was a pilot program done by FSWCD and Ohio State University; I can give you information on that particular subdivision. Angelou said I would really like to have that information because I think this is a real big issue and I have to feel comfortable that the tree is not going to fall across that stream into somebody's house; I'm wondering if the soil is such that it is a different kind of soil; is loose soil; I also agree that HOA's come and go and it becomes very difficult to maintain this, and the City can come in and take care of it; we are looking at ways to save money. Renner called for opponents. Kevin Schmidt, 248 Ashley Court, said it is a fantastic idea for Council members to go out and see the rain garden at Watkins's business; I imagine you will see a rain garden on a relatively flat area of land; when you come out to my property what you will see is a steep slope; what you have on this property and the Souder Ealy Ditch are steep slopes; now talking about rain coming down a slide of very loose, loamy soil and hitting a rain garden; how quick do you think these BMP's are going to fill up; let me know if you think the rain garden at the engineer's office is in anyway situated like the rain garden will be on this property; what about the gutters from the houses; how much impervious surface are we putting into this area; what if the BMP's don't work; still question the HOA and the City being able to come in and maintain; is the City going to remediate the neighbors property if the rain gardens fail; please look at the existing rain garden and then look at this property and see if you think it will work; still a 70% increase in density. Renner called for rebuttal. Hodge said as we planned this we met with FSWCD and your City Engineer and we and our consultant and the professionals, and not just ours, have concluded that the stormwater mitigation program that we are proposing works; we are required to make it work; there is a stormwater mitigation plan that will be submitted and approved by your City Engineer and we are comfortable that what we are proposing is effective and the variances we are requesting are appropriate. Angelou said there is a pond on the property; what is the water source for the pond; is it an underground source. Hodge said it was drains from the existing house. Renner closed the public hearing at 8:08 p.m., and said that this will be taken to Committee of the Whole on Tuesday, May 28th because of the holiday; if colleagues have questions please get those to Jernigan this week. G. STANDING COMMITTEES: Committee of the Whole - Jolley: No Report. Finance, Service & Safety - Larick Larick said one of the things that became very pertinent after the vote was a review; seemed to be a mandate with regard to what our revenues are, that are expected, and our expenses and what we look like as a community from a management standpoint; what our expenditures would need to be; what those things are that can be covered within the expected revenue for the foreseeable future, roughly a 5 year City of Gahanna Page 13 City Council Meeting Minutes May 20, 2013 time span; the ask in the Finance Committee was that the Administration put together a 5 year outlook of expenditures fitting in revenue in a way that is departmentalized so that discussion can be accommodated and supported with regard to segments of the community that may need to have reductions or changes and support and the ability to have that dialogue; the commitment and timeline for that documentation back to Committee of the Whole is June 24th; at that point in time I think we will have a much clearer picture; will be able to assess, based on much better information what things are included; what are not and what we are capable of doing from our funding; we also continued to evaluate an Investment Policy; we have a couple of changes identified and I think it will come back to Finance Committee one more time and then on to Committee of the Whole; with the Reserve Policy, we began some better discussions about how the Reserve Policy should be structured far beyond just a percent to put in a bank; more of an effective understanding of how it may be used and when it might be used; rules around it; how it must be repaid; consideration that it just can't be tapped into; will take time to work through that but I think in the long run it will provide a very effective tool for the community as other folks come on board; what it should be used for; also had a short discussion about Shared Services; meeting was set with townships and schools. Development & Parks - Wright: No Report. H. CORRESPONDENCE AND ACTIONS: Clerk - None. Council - None. I. SECOND READING OF ORDINANCES: Ordinances Reported Out of Committee: ORD-0083-2013 TO AUTHORIZE THE MAYOR TO ENTER INTO NEGOTIATED LABOR AGREEMENT TITLED "AGREEMENT BETWEEN OHIO PATROLMEN'S BENEVOLENT ASSOCIATION DISPATCHER UNIT AND CITY OF GAHANNA, OHIO, JANUARY 1, 2013 - DECEMBER 31, 2015"; TO REPEAL ORD-0060-2011 Motion to adopt ORD-0083-2013 by Angelou, seconded by Jolley. Discussion. Larick said back to the discussions around June 24th; as much as I would like to support this contract, I think it is pertinent that we do take the time to look at what our situation is and look at long term plans to see if this is feasible in the long run. Motion to postpone ORD-0083-2013 to date certain, August 5, 2013, by Larick, seconded by Jolley. Discussion. Angelou said I have discussion on the postponement; the two labor negotiated contracts have both been ratified by the employees and during the negotiation process I'm assuming that the City and the team that negotiated this was working on good faith; now it appears that there is discussion because a tax increase did not pass; that this good faith negotiated contract, ratified by the labor union, is City of Gahanna Page 14 City Council Meeting Minutes May 20, 2013 potentially going back to what I would think would be some type of arbitration; I don't think that is correct; when you go in and negotiate a contract it is with good faith; if this is postponed and not passed and sent back I do not believe it would have been negotiated in good faith; our finances haven't changed; this was negotiated that it was able to be handled; it's the wrong direction to go and a wrong message to send to our friends in safety services; I will be voting no on the postponement. Larick said I would like to support it but we need a very clear picture of our finances before we proceed. A motion was made by Larick, seconded by Vice President of Council Jolley, that this matter be Postponed to Date Certain to the City Council August 5, 2013. The motion carried by the following vote: Yes: 6- President Renner, Jolley, Larick, Samuel, Anderson and Wright No: 1- Angelou ORD-0084-2013 TO AUTHORIZE THE MAYOR TO ENTER INTO NEGOTIATED LABOR AGREEMENT TITLED "CONTRACT BETWEEN CITY OF GAHANNA AND FRATERNAL ORDER OF POLICE, CAPITAL CITY LODGE NO. 9, JANUARY 1, 2013 - DECEMBER 31, 2015"; TO REPEAL ORD-0165-2010 Motion to adopt ORD-0084-2013 by Larick, seconded by Anderson. Discussion. Angelou said the same comments as with the last one but with more emphasis. A motion was made by Larick, seconded by Vice President of Council Jolley, that this matter be Postponed to Date Certain to the City Council August 5, 2013. The motion carried by the following vote: Yes: 6- President Renner, Jolley, Larick, Samuel, Anderson and Wright No: 1- Angelou J. FIRST READING OF ORDINANCES: ORD-0086-2013 TO ACCEPT DEED OF EASEMENT FOR 1.076 ACRES AND 0.903 ACRES OF LAND; PROPERTY LOCATED AT 975 AND 1025 NORTH HAMILTON ROAD; FROM ACADEMY DEVELOPMENT LIMITED PARTNERSHIP; FOR UTILITY PURPOSES AND ESTABLISHMENT OF PRESERVATION AREAS; TO AUTHORIZE THE MAYOR TO SIGN A LETTER OF AGREEMENT REGARDING THE BEECHER ROAD ACCESS; AND TO DECLARE AN EMERGENCY A motion was made by Larick, seconded by Anderson, that this matter be Introduced, Second Reading Waived. The motion carried by the following vote: Yes: 7- President Renner, Jolley, Larick, Samuel, Angelou, Anderson and Wright A motion was made by Larick, seconded by Anderson, to adopt City of Gahanna Page 15 City Council Meeting Minutes May 20, 2013 ORD-0086-2013 as an emergency. The motion carried by the following vote: Yes: 7- President Renner, Jolley, Larick, Samuel, Angelou, Anderson and Wright K. MOTIONS/RESOLUTIONS: None. L. REPRESENTATIVES: Community Improvement Corporation (CIC) - Larick/Renner Larick said our next meeting is May 28th here at 6:00 p.m.; I do understand that Council will be meeting that evening; I would expect it would be an abbreviated meeting. Mid-Ohio Regional Planning Commission (MORPC) - Angelou Angelou said they met on May 9th and I was not able to attend so I asked Jones if he would give a brief summary. Jones said to summarize the events of the last MORPC meeting, they passed a couple of work resolutions outlining their work program for 2014, their planning process and communication plan with the community regarding their future funding; the most important element of the meeting was the I-270/33 interchange project; ODOT is currently requesting MORPC do some funding of strategies that they have never done before; will set precedent in the future and impact everyone here in the region; vote is going to be on June 23rd, ultimately authorizing Dublin to apply for funding for this $80 million project; recommend Council members look at the website. Angelou said I will put all of this information on the meeting in the Clerk's office; tomorrow morning Dr. Gee is hosting a breakfast welcoming William Murdock as Executive Director of MORPC. Bd. of Education, Gahanna-Jefferson Public Schools - Larick. Larick said several things were discussed; three master teachers were recognized; also discussion of the schools doing a bond refunding that they are going to continue to pursue; discussion on our possible TIF agreement; also I gave some insight into the City tax issue that failed with the understanding that we need to reevaluate our finances to be sure we stay solvent. Convention & Visitors Bureau (CVB) - Jolley Jolley said our last meeting was postponed so we will be meeting this Thursday at 4:00 p.m. Central Ohio Transit Authority - Samuel Samuel said my term is over so you can take this off the agenda, but I will tell you that the CNG facility at McKinley Avenue is now up and running; will be converting the entire fleet. M. OFFICIAL REPORTS: City of Gahanna Page 16 City Council Meeting Minutes May 20, 2013 Mayor Mayor said Braun is passing out copies of a memo on the Five Year Fund Forecast and Planned Expense Reductions; first I would like to say it is nice to see citizens here debating issues of the day; often there is nobody out here; if nothing else, certainly putting the tax issue on the ballot has generated some community involvement; I have made notes of your comments and suggestions (speaking to the audience); many of them we do and have already done and I will be glad to discuss that with you separately. The memo being passed out is the first piece of information that I want to get out in regard to the Finance Committee recommendation for more data; we had a planning session this morning to talk about the consequences of the tax reform failure and the request from Council committee for more information; skipping to the last page of the memo, essentially what we have done here is given information you have seen already arranged in a different kind of way; in a summary by Teal, to talk about expected revenue; the numbers are a bit different because we adjusted them through May of this year; they show a slight increase, certainly not enough to close the gap, but revenues are going up slightly; we talk about needs, the operating expense and operating capital; this is the area I believe we will be delving into more deeply, if I understand Mr. Larick, than we did last year; this is truly to compartmentalize the services we previously offered and try to get true cost of what each service actually costs; a lot of the priority issues were already given and discussed extensively in our 5 year needs assessment; this is just a reiteration of that data and it sums it up and shows the variance which for all 5 years of the outlook is negative; there were $2.3 million of needs for this year that were identified that were unfunded; you heard with the campaign that we are about $8 million short of our needs; the numbers vary because that was an average; so why did I present this tonight; because of the earlier conversation about the fireworks and I wanted to try and put the fireworks in context for Council and the public based on what the administration talks about all the time; please believe there is no one who wants to cancel the fireworks; it doesn't generate revenue for the City but it is a community service that is enjoyed; if you ever really want to see $20,000 go up in smoke, there is no better example than fireworks; but what I want to point out on page 2 is that July 4th is a lot more than just fireworks and the festival; when you take a look at the cost for police, service and parks & recreation, and much of it is overtime, it's not just a fireworks contract; what is the total cost, about $44,000; $34,000 for this year and $10,000 for the deposit for next year; without additional revenue I will not recommend fireworks next year; I am continuing to believe that it should be cancelled this year, but why now; because I believe we are going to have to make cuts in 2013; an analogy made by a staff member today - so you lose your job but you have vacation plans - so you decide you have already made your reservations and put a deposit down perhaps - but you start thinking should I go on that vacation - maybe I shouldn't - maybe I should stay home and save that money even if I lose my deposit because I'm not certain when or if I will get another job; yes we have managed the City conservatively; no we are not in, as some would say, crisis, but all along, this is about the young people in this community and this is about 2014 and beyond; I personally, trying to be proactive, as has this administration, want to make sure that our children and grandchildren have the same quality of life that our kids did growing up here; I think it is irresponsible to continue to spend money as if that issue had passed; why the fireworks, because it is the first decision to be made; we have a 25% deposit that we have negotiated that we would have lost by cancelling the fireworks, but we negotiated with the vendor that they would be willing to allow us to use that at any time in the next two years if we decide we want to have a fireworks show; if we would have waited till 30 days out to the event we would have lost 75%; so we made the decision; we will continue to support the parade and the Lion's Club, which still requires police presence and parks & recreation; that is my explanation for this move; some of you object to this cut: I am willing to discuss it with Council members; am City of Gahanna Page 17 City Council Meeting Minutes May 20, 2013 open minded as always; in the next several months there are other decisions that we will make; Ms. Halloway referenced the bridge contract; that is sitting on my desk unsigned because of the very concern she raised; I don't know if, in good conscience, I can sign that so I am holding that contract back until we have further time to take a look at cuts for 2013; I urge you to look at this; we have copies for those in the audience if you would like them; that is what I have for tonight. Anderson asked if a private entity/organization would step up and say they will support the fireworks, can we use that credit and have a fireworks show this year. Euton said we can use the credit but I don't know that we can have a fireworks show this year; we would have to speak to the vendor. Mayor said they have to order the fireworks; a decision would have to be made very soon and we would have to talk to the vendor. Angelou said I have a paragraph of my closing comments that I am going to read because it deals with this subject; it deals with you having been saddened to cancel the fireworks and festival and I am questioning that you are the person who should be able to do that. Several Council asked, point of order; this is the Mayor's comments; Angelou said I will just read it under Council Comments. City Attorney - No Report.. N. COUNCIL COMMENT: Angelou stated that two weeks ago the citizens of Gahanna voted on Issue 4 - the 66% tax increase. The election is over and people have spoken. First let me say to Mayor Stinchcomb - in all the years that I have known you, which is now 23 or 24, I have never seen you work as hard at anything as you did on trying to pass this tax hike; you met with 32 or 33 groups of voters. According to an on-line article Brandi Braun said you had spent some $7,000 of city funds on the educational information given and mailed to citizens; whether this is the final figure I do not know but I have asked and not received the answer yet; alert of the day, I received the final amount spent by the City and it is $14,065.50. To my colleagues on Council you also worked hard for passage. In fact Mr. Jolley gave from his "Citizens for Jolley" campaign monies to the PAC-Gahanna Strong-created in December 2012. He also loaned $500 from "Citizens for Jolley" to the PAC and gave $75 in kind contributions to the PAC that created much of the pro tax increase literature distributed to citizens according to the pre-election financial reports; I'll be anxious to see the post-election reports. Clearly the effort was significant by the Administration and the majority of Council. Since the election I have read that the passage of the tax issue was thwarted by low voter turnout; I only have one reply to that. If you live on this political planet you must know that May primary elections historically have low voter turnout. Numerous citizens even came to these chambers and asked Council to wait until November when turn out would be significantly higher. A reason given for putting the levy on in May was the budget is due to the State in July; really; you expected people to believe that; waiting until November to put the levy up would have no impact on the July budget which goes to the state to validate that our 2.4 mills of property tax is needed--exactly what will happen now. Now I want to turn to the presentation of the data used to inform the public of how many would pay more and how many would pay less if the tax hike was approved. I drew attention early on to what I feel was inaccurate interpretation of the data supplied by the Administration using information from R.I.T.A.; I studied the data and realized that the Administration used the 2011 Full Audit Resident Census in figuring the percentages of how many would pay less or more. The difference in the two census numbers is 5,306 citizens; City of Gahanna Page 18 City Council Meeting Minutes May 20, 2013 the 5,306 citizens are people who owe no tax because they do not work; you could make income tax 10% and they would still pay zero, because they do not have earned income; yet they were included in the data as workers which skewed the percentages. In fact, when not included the figures flip flop; 57% will pay more and 43% will pay less; yes they were included as "paying the same" or less. Well, you cannot pay less than 0; I included Council on my email to Jennifer Teal on this subject; only Mr. Jolley responded. He took the position that citizens who pay no income tax would not pay more under the new tax; all our emails went to all members of Council. The City spends money on resident surveys. An income tax raise was asked about in 2008, 2010 and 2012. The survey from 2012 said 58% of citizens surveyed would not approve a tax increase; why do we spend money for surveys if we do not use that information wisely. I suggest that this just might be one of those items that could be considered waste and be eliminated. On Thursday, May 16th Mayor Stinchcomb sent Council an email that with sadness the fireworks and festival for the 4th of July would be cancelled. I wrote her back immediately as Council passed an emergency ordinance authorizing her to enter into contract for fireworks for the amount of $19,380 by May 1st. The contract had a clause that if cancelled with more than 30 days before the event the City would still owe 25% or $4,845 for nothing; it would appear that Mayor Stinchcomb is eager to follow through quickly on her comments in the press that there will be cuts. It would appear that the Mayor is attempting to usurp the power of Council by breaking a contract which by law she was told to execute. Council has not given permission to break any contract, only to execute it. The money is appropriated and it would appear this action by the Mayor is not only unreasonable and arbitrary, it is foolish. Frankly, the families of our great City deserve better. This Council passed a law which the Mayor informed us she is not going to follow and she has not even responded back to me about my concerns. Mayor, this Council has 7 members and the leadership of Council does not speak for any other member - only themselves. Angelou continued there are many things I would like to speak about this evening; financial reserves; and Moody giving the City AA1 ratings noting ample reserves; replacement of police officers who have left service and how it is not a financial issue causing non-replacement but rather a resume issue; the Mayor's meeting tomorrow with some of the township trustees and schools about shared services; something which I know worked well beginning in the mid 1980s until just recently, and something which should have been looked at before a levy was put on the ballot. All elections have consequences. The May primary election is completed and the people have spoken saying they do not want a 66% tax increase. The next election is November 5th and the people will have a chance to speak again on other issues. Samuel said I would like to thank all the speakers tonight for your concerns and suggestions; maybe we can put an ad in the paper for corporate sponsors for the 4th of July festival to step up; also congratulations to the Debate Team; they represent Gahanna well. Wright said I would like to thank everyone for helping recognize the Speech & Debate team; they have done an outstanding job; very proud of them and how they represent us locally, at State and nationally; we are a proud City; proud of the services we offer, but you get what you pay for, we have to remember that and focus on that. Anderson said speaking of our children, I was over at Royal Manor with my daughter for soccer practice, and went inside to see what all the cars were there for and it was a reading camp to encourage young people to keep their skills sharp by reading over the summer and other issues because of that summer slide; encourage you to read to children at the library, at home, to your children and grandchildren; keep up with your academics in the summer; other elementary schools will be doing the same; want to thank everyone who came out this evening to participate in civic engagement City of Gahanna Page 19 City Council Meeting Minutes May 20, 2013 of what goes on in our City; please continue to come; we need your input as we are here trying to figure out the best way to use our resources; great to see with the change in Creekside ownership the continued revitalization and the article that was in Business First with Local Cantina opening soon; another indication that we are moving in a positive direction and I know people are moving into Creekside; also kudos to the Debate team. Larick said I would like to thank everyone who spoke on a variety of topics on their passions, their positions and their opinions; like to thank Mr. Toney for his comments to big, small and effective; big and small have no real definition and meaning; they are sound bites and serve very little purpose; effective is highly valuable and in addition Ms. Halloway's comments about efficiency are very pertinent; I do not believe you can have an effective government that is not efficient; you cannot have an efficient government that is not effective; those two things are not mutually exclusive, but they are actually symbiotic; the efforts of shared services, participation in ICMA performance measurement program and the Department of Administrative Services participation are all steps that the administration and Council are taking to help us become continually effective; a charge to always strive to be more effective and efficient and I hope we can continue to do that. Jolley said I would like to share my own thoughts on the tax levy; my colleague, Mrs. Angelou, is correct that no one member of Council speaks for the rest; I would like to offer my perspective which is much different from hers; I don't think anyone up here, or the Administration, or the new media, think low turnout or voter apathy caused an outcome one way or another; it is interesting that Mrs. Angelou notes that the survey we did showed that 68% of people asked a basic yes or no question with no background whatsoever said that they would not support any kind of tax increase; I'm not somebody that needs a poll to tell me what is right or wrong, I can look at our financial data and understand that this City is in dire need of additional resources; however; I find it quite interesting that only 52% ended up voting against it on election day; numbers and data can be skewed and interpreted 800 different ways; to suggest 5,000 residents of this community, that don't pay income tax because they are retired, don't matter is fascinating to me; particularly because that age group makes up the bulk of the electorate; so it is completely appropriate and 100% accurate to say that those folks who pay no income tax now would have paid no income tax if Issue 4 passed; that is a very important point for those voters who do go to the polls; I think anyone who understands financial data will be able to look at the financial information we are going to be gathering and will be presented by June 24th, by the Administration, and understand that we have a structural imbalance in our budget. There was a study done recently that estimated that over $1.2 billion of tax levies have been on the ballot since the current gubernatorial administration slashed local funding for cities across this state; that is not the whim of some left leaning liberal council members in Gahanna; that is a hard, cold reality of the fiscal situation in this state facing local governments today; millions and millions of dollars taken from budgets will not be replaced. It has been suggested tonight that this Council bargained in bad faith during our labor negotiations; and if that was not your intent I don't want to put words in your mouth; I think it would be bad faith for this Council to vote on labor contracts without having a complete, clear and accurate picture of our finances for the next 5 years; as much as I think every person up here would like to do because we all support our folks in uniform. I do appreciate everyone who came to speak tonight;, and I remember when I ran for this office I knocked on over 4,000 doors and told everyone that you will not always agree with me, but you will always know what I believe, always know where I stand and I will tell you the truth about our situation, and I want to commend our Mayor for doing the same, and working so hard for the last 5 years to come up with those creative solutions to keep this City functioning; also like to thank the directors; we are not going to be able to continue the level of service that folks in this community have enjoyed without additional City of Gahanna Page 20 City Council Meeting Minutes May 20, 2013 revenues. We do not control external events and we do not control the tax dollars from the State level; all we have control of is our own tax rate and our tax credit, and we have over 11,000 folks that come into this city everyday from elsewhere and pay us a lower tax rate than their home communities which means we are losing money to cities like Columbus, Bexley, Worthington and Grandview Heights; that is money that we, as a responsible Council, should be keeping here in Gahanna; I firmly believe that the tax reform proposal that we put on the ballot in May is what this City needs, and I will support it going forward with my time, my energy and my financial resources, because that is what I believe will keep Gahanna great. Renner said I have stood before many classrooms and I have taught and talked about intention of the heart, and talked about serving as a public servant; not only for the City of Gahanna, but for Franklin County; debate is good and positive; attacking honor and making suggestions about a fellow elected official that someone is playing games, I think is irresponsible; the only thing I ask of my colleagues is share your opinions, but don't attack; let's keep things open and civil; about the survey being a waste, it is an experiment; governments are trying so hard; local governments are losing contact with their constituents; it is a problem; local governments are having trouble reaching their constituents and reading what they need; we have to find ways to do that; everyone knows the budget process; by July 15th you have to submit to the State; and it talks about how you plan to operate for the next year; very logical for us to say can we get the additional revenue and submit that to the State and say what our plans are; it's not new in 2013, nor was it new in 2012; this is the process that has been going on for a long time; second stage of our budget process is appropriations which we deliberate and go over fine points, which actually brings up another point; the whole budget process has been talked about a lot; the Mayor brought it up in years past, and Larick; we had public hearings last year and we started talking about the budget, and we started showcasing the data; real data not skewed; we started asking the question " what do you want"; but Council was unanimous in what we wanted to do so we moved forward. Renner referenced the chart on the overhead projector, and said one of the things we have been trying to get folks to understand is look at 2013 and then 2014; the red bar is our operating expenses; we barely have enough to meet operating expenses; we may be able to move things around, but the green bar is actually more crucial; that is operating capital; those are things like fire hydrants, or do we need more police cruisers; all the things that are recurring capital expenses; there is a deficit; this has been talked about and now we have to do something; we've talked about priority projects; tier 1, 2 and 3; it was unanimous on this Council as to what the priority 1, 2 and 3 projects are; the $8 million deficit is the capital projects; these are the things we need to do to keep our City strong, healthy and vibrant; look around you; look around what is happening around Gahanna; there are problems; we need to make our City sustainable, not just for the next 5 years; our program has been looking at the next 50 years; how do we insure, how do we keep this Gahanna alive; do you want streets paved; do you want street signs; the quality of services; why do people move to suburbia; if you are not satisfied with having great streets, great parks and grant trails, go back to the City of Columbus; this is why we have suburbia; keep the chart in front of you, this is what we have to do; we started the dialogue in Finance Committee to create the tools to figure out how to do this; how to solve this $2 million; $4 million deficit; $8 million; talk to your neighbors about this deficit; I will be there to remind you what this discussion is about. O. ADJOURNMENT: 9:11 p.m.; Motion by Anderson. City of Gahanna Page 21