City Council

200 South Hamilton Road City of Gahanna Gahanna, Ohio 43230 Meeting Minutes City Council Brian D. Larick, President Jamie Leeseberg, Vice President Karen J. Angelou Nancy R. McGregor Brian Metzbower Stephen A. Renner Michael Schnetzer Kimberly Banning, Clerk of Council Council may caucus at 6:30 p.m. Monday, March 19, 2018 7:00 PM City Hall, Council Chambers A. CALL TO ORDER - Invocation, Pledge of Allegiance, Roll Call Gahanna City Council met in Regular Session on Monday, March 19, 2018, in Council Chambers of City Hall, 200 South Hamilton Road, Gahanna, Ohio. President of Council, Brian D. Larick, called the meeting to order at 7:00 p.m. Vice President of Council, Jamie Leeseberg, delivered an Invocation followed by the Pledge of Allegiance. Agenda for this meeting was published on March 16, 2018. Present 7 - Karen J. Angelou, Jamie Leeseberg, Stephen A. Renner, Michael Schnetzer, Brian D. Larick, Brian Metzbower, and Nancy R. McGregor B. ADDITIONS OR CORRECTIONS TO THE AGENDA. Leeseberg added under Item I. a motion to extend period of time to consider ORD-0003-2018, per Charter requirements. A motion was made by Leeseberg, seconded by Renner, to add ORD-0003-2018 under Section I. for consideration. The motion carried by the following vote: Yes: 7- Angelou, Leeseberg, Renner, Schnetzer, Larick, Metzbower and McGregor C. HEARING OF VISITORS. - Citizen Police Academy Video - Gahanna & New Albany: https://vimeo.com/sharedvision/review/258854198/6bc0523362 Larick said was a part of this; really enjoyed it and getting to know the operations of the Police Department; Chief Spence said this is the second class; partnered with City of New Albany; this was really inspiring this time around; had a great class; worked with New Albany to put this City of Gahanna Page 1 City Council Meeting Minutes March 19, 2018 video together; had some former employees and current employees; Sharon Montgomery, Paula Tenzos, Craig Main, and Brian Larick; believe the video came out really well; will do this again; hopes to get another class in before the end of the year and another Feb. 2019. Video was played. Renner said will definitely join the next academy; thanked our Safety Director for bringing this program; hats off to Safety Director, Mark Thomas. - Capital City Corvette Club Check Presentation Jeanne Stoll, President of the Capital City Corvette Club; said the Capital City Corvette Club is extremely grateful for the support of the City and the car show at Creekside; able to do that and give to a lot of charities; thinks this particular donation is extremely important to give to the Gahanna Parks & Recreation Foundation; Lee Tucker here to accept the donation on behalf of the Gahanna Parks & Recreation Foundation; Tucker said thank you; last year provided over $7,000 in scholarships, giving back to the community. Peter Massey, Trilogy Health Services; thanked Council for the amount of time and energy spent on this project; appreciates the time; have made several adjustments; willing to make additional accommodations and address any issues; appreciates McGregor's response; this is needed in the community; it is clear that everyone here has spent time analyzing this. Jeannie Hoffman, 708 Waybaugh Drive; here to talk about Taylor Road; not sure why this is being brought back; what is going on behind the scenes that this came back; not opposed to the project in general; not a vested interest; the land use plan is the big deal and the work going into it should be valued; Area Commission opinions should matter; understands they are not binding but what is the point of asking for their input; you are there to represent us; we voted for you; not a developer or lawyer. Lynn Morris, 715 Hunters Run; prior to this meeting, had a lot of social media buzz about this project; there were unfair misnomers going around; one of them was smells; is a substitute janitor; we don't smell the trash; the traffic was in the Zoning Commission; they said they did a traffic study and there was little to no impact with the Trilogy plant; we had 2-3 meetings and the developers were more than helpful; neighbors did not like that the parking lot was up to boundary lines; moved driveway 70'; then the issue was the second story; Trilogy said we will put the second story to the front; then the issue was the trees being removed; Trilogy said they would keep existing wild trees and add more bushes, shrubs, and even a fence or berm; these accusations that Trilogy did not City of Gahanna Page 2 City Council Meeting Minutes March 19, 2018 accommodate neighbors, is not true; then the issue was tax revenue; mother was in nursing facility, these are not minimum wage jobs; they have doctors, neighbors, maintenance, housekeeping, etc.; around 90 people will be employed, he believes; each one employed are tax payers; not invested in this money-wise; does live right behind it; they will clean that area up; the clean-up in that area is important; cannot think of a better thing to put in that area; thanked Council for another look at this vote; Jeff Chrobak, 725 Hunters Run; lived here for 30 years; original owners; lived in Gahanna since 1978; against the rezoning on Taylor Road; against the project; rezoning did not pass when it was voted on a couple of weeks ago; nothing has changed; Council has given proponents a do-over; have property owners that want to protect their property; then you have 4 developers and attorneys invested; many neighbors have said they have lost faith in Council; restore voter faith; show that you all do listen to residents. Dave Dibling, 830 Taylor Road; again oppose; largest concern is the change to Suburban Office; does not meet new tax code; building size is as small as it can be; during plan submittal stage - they need to apply for variances and they are not granted, now what can go in there; we could be stuck with more offices; not opposed to development; size of this building is what I am opposed to; parking lot will wrap around structure; the whole place will be lit up; possible uses have come up in meetings; options of a 17 home subdivision is something he would not be opposed to; notifications, only notifying CPO's on a project this size - there needs to be a general radius; if more property owners would have been notified, more people would have been involved; what has changed to bring this back; attending the Land Use Plan meeting is not new information; why not wait for new plan. Patricia Mintz, 721 Hunters Run; is a newbie; lived here 7-8 years; bought because of the wild area behind her; has squirrels, red foxes, raccoons, deer; knows you get more taxes and jobs; giving up these wild areas all over; this is one little beautiful area; how much are you willing to give up. Jamie Schoelkya, 780 Taylor Road; have sent a few emails; this is her home; have lived here for 35 years; 3rd time Joe has tried to do this; have never been reached out to; raising her son and niece; this rehab facility with parking lots is right next to her property; why do they want all Taylor Road residents out of there; cannot see herself living there next to this development. City of Gahanna Page 3 City Council Meeting Minutes March 19, 2018 Mary Dixon, 847 Eastchester Drive; retired school psychologist; worked with students on learning issues; student safety has always been a major concern; has seen many traumatic issues; been involved in gun safety legislation; after the Parkland shootings, both the governor and president said legislation needs to occur at the local level; have been many school shootings; these weapons are designed to be efficiently deadly, they raise the number of deaths and injuries; is now up to states to bring back the ban that was lost but showed statistical improvements; Gahanna City Council can help move the process along; is critical that our elected leaders listen to the American people; banning guns will not eliminate gun violence but may reduce it; banning assault weapons will greatly reduce the numbers; students do not have time to go to each press conference and meeting; appreciates Town Hall meeting held in regards to school shootings; asking to follow Akron and South Euclid in passing a Resolution (copies provided). D. INTRODUCTIONS AND ASSIGNMENT TO COMMITTEE: Vice President Leeseberg introduced the items under Section D. Ordinances - To Be Introduced and Assigned to Committee: ORD-0023-2018 TO AUTHORIZE THE MAYOR TO ENTER INTO CONTRACT WITH KE-SITE COMPANY FOR THE PRICE ROAD PHASE II SANITARY SEWER PROJECT, SA-1032, MORRISON ROAD; SANITARY SEWER REPLACEMENT, SA-1049; OBERLIN COURT NORTH REBUILD, ST-1056. This Ordinance was Introduced. ORD-0024-2018 TO AUTHORIZE THE MAYOR TO ENTER INTO CONTRACT WITH DECKER CONSTRUCTION FOR THE 2018 STREET PROGRAM, ST-1054. This Ordinance was Introduced. ORD-0025-2018 TO AMEND CITY CODE, SECTION 521.06, DUTY TO KEEP SIDEWALKS IN REPAIR AND CLEAN, OF THE CODIFIED ORDINANCES OF THE CITY OF GAHANNA. This Ordinance was Introduced. City of Gahanna Page 4 City Council Meeting Minutes March 19, 2018 E. CONSENT AGENDA: Minutes - To Approve: 2018-0053 3-5-2018 Council & 3-12-2018 Committee Minutes These Minutes were Approved and Filed on the Consent Agenda. Ordinances on Second Reading: ORD-0018-2018 TO ADOPT A MORATORIUM ON APPLICATIONS FOR, AND THE GRANTING OF BUILDING PERMITS, CERTIFICATES OF OCCUPANCY FOR ANY BUILDING, STRUCTURE, USE OR CHANGE OF USE THAT WOULD ENABLE THE CULTIVATION, PROCESSING, DISTRIBUTION OR SALE OF MEDICAL MARIJUANA FOR A PERIOD NOT TO EXCEED SIX MONTHS. This Ordinance was Adopted on the Consent Agenda. ORD-0020-2018 TO ACCEPT THE FINAL PLAT FOR THE CRESCENT AT CENTRAL PARK SECTION 1; CONSISTING OF 21.156+/- ACRES LOCATED NORTH OF TECH CENTER DRIVE; PARCEL ID NO. 025-003905; CURRENT ZONING SELECT COMMERCIAL PLANNED DISTRICT (SCPD); LARRY CANINI, APPLICANT. This Ordinance was Adopted on the Consent Agenda. ORD-0021-2018 TO ESTABLISH THE NAME PARC DRIVE, FOR A NEW ROAD. This Ordinance was Adopted on the Consent Agenda. ORD-0022-2018 TO AUTHORIZE THE MAYOR TO ENTER INTO AGREEMENT WITH AQUATIC RENOVATION SYSTEMS, INC. FOR THE INSTALLATION OF A PVC MEMBRANE FOR THE FRONT GAHANNA SWIMMING POOL. This Ordinance was Adopted on the Consent Agenda. Motion Resolutions: MR-0014-2018 TO CONFIRM THE MAYOR'S APPOINTMENT OF KELLY FOX TO THE COMMUNITY IMPROVEMENT CORPORATION (CIC) FOR THE REMAINDER OF A THREE YEAR TERM EXPIRING DECEMBER 31, 2019. This Motion Resolution was Approved on the Consent Agenda. City of Gahanna Page 5 City Council Meeting Minutes March 19, 2018 Approval of the Consent Agenda A motion was made by Metzbower, seconded by Renner, to approve the Consent Agenda. The motion carried by the following vote: Yes: 7- Angelou, Leeseberg, Renner, Schnetzer, Larick, Metzbower and McGregor End of the Consent Agenda F. PUBLIC HEARINGS: G. COMMITTEE UPDATES Larick announced the implementation of a Infrastructure Capital Review Committee; membership includes: Schnetzer, McGregor, Angelou; continue through July unless an extension is requested; asked Schnetzer to Chair that committee. Leeseberg said City Attorney will bring Fence Code next week; Ewald said it will be a recommendation to Planning Commission as it is in Chapter 11. H. CORRESPONDENCE AND ACTIONS: Clerk None. Council None. I. SECOND READING OF ORDINANCES: ORD-0003-2018 TO REZONE 5.7316+/- ACRES OF PROPERTY TO SUBURBAN OFFICE (SO); SAID PROPERTY LOCATED AT 748 AND 760 TAYLOR ROAD; PARCEL ID NO. 025-003911 AND 025-003928; TRILOGY; ROSS OBERHAUSEN, APPLICANT. A motion was made by Leeseberg, seconded by Angelou, to extend the time period to consider ORD-0003-2018 by 60 days. Ewald said this is a mandate motion by Charter under Section 11; Angelou asked if this is unprecedented; Ewald said can only speak to his experience; believes this is the 3rd time; is not common; Angelou confirmed this is legal; City of Gahanna Page 6 City Council Meeting Minutes March 19, 2018 Ewald said yes it is legal; Metzbower clarified the motion; asked if legislation is required to extend the period of time; Ewald said no; the motion is sufficient. The motion carried by the following vote: Yes: 7- Angelou, Leeseberg, Renner, Schnetzer, Larick, Metzbower and McGregor A motion was made by Leeseberg, seconded by Angelou, that the Ordinance be Adopted. Schnetzer said surprised this was on the agenda; was under the assumption that all steps would be taken to notify all parties that might be impacted; asked this body if everyone felt those items were taken; would think even advocates of this proposal would want to avoid any perception of being rushed; funds were appropriated for Land Use Plan; his opposition is to see the outcome of Land Use Plan first; Holbrook said contiguous property owners and anyone who spoke as an interested party on this rezoning were mailed a notice letter for tonight's meeting date; the zoning sign on the property was also updated with tonight's meeting date; Angelou said was rather shocked that notification did not go out two weeks ago; understands Mr. Larick met with people; was not notified with enough time to attend; expected there would be people there; can only apologize that a notification letter did not go out in the fashion that it should have; asked of it the evening of the vote; this is just a zoning, but proposed project is a nursing home; in favor of this project, as this is a needed thing in our community; have demographics saying only from 1990-2010 only 19% are 65 or older in this region, going to go up to 44% between 2010 and 2040; need more nursing home beds; there are facilities that can work to make the end of life less painful or we can have someone coming to have their knees replaced or shoulder fixed; this is not overwhelming, this is not a 3 story building that is going to be an office building; this is a place where people will recover or spend the rest of their life; still believe this is a good possibility for the area; lends itself to a residential area; great buffer to warehousing across the street; passion for this city is not based on what a developer wants; is based on community needs; painful to hear to think we only want what developers want; they don't do anything for us Council members; Renner said is an issue of individual rights vs. collective rights; accusations have been made; someone will leave unhappy from this meeting; those accusations are far off base and inappropriate; this body has gone through a lot of exercises; section of the public new to how Council handles its procedures; at the end of the day, anyone has the right to sell their property; has been a land use plan in place since 2002 and identified Taylor Road as being a transitional area; not new information; was a vote to wait for the Land Use Plan; the very public meeting for the exercise to go through new Land Use Plan drive home salient things; sorry that many members of our community did not go to these meetings; grateful some did; Taylor Road area was discussed again; confident that when the new policy comes out, not much will change in this area; Taylor Road is developing; nothing here is being done behind the scenes; all of our actions and discussions are transparent; even outside of the Committees; when we take the oath of office, it means we will take needs of the entire community to heart; everyone up here holds this in their hearts; do not take a harsh view just because things do not turn out how you want; look and watch what this body actually does; McGregor said we have small parcels for in-fill development left; thinks a nursing home is a good use; problem is with the size of the building; thinks this would be a good use; building is too big for the property and does not fit with the scale of the neighborhood; Angelou asked City of Gahanna Page 7 City Council Meeting Minutes March 19, 2018 the Mayor if he wanted to comment; Mayor Kneeland said has some information from Michael Blackford who oversees Area Commissions; said 5 Commissioners provided written feedback; three were neutral; not all provided written feedback; that would have helped; a couple afterwards voiced their support; administration has been positive on this project; is consistent with current Land Use Plan; he does not believe a new Plan will change much in this area; is consistent with zoning criteria; administration has been in support of this project because of those things; Metzbower said has looked at this project; has walked the area; is a good project and the right project for the area; have major commerce across the street; is very transitional; is a good thing for our community on a variety of levels; asked Larick how he feels about the project; Larick said will be voting no this evening; Leeseberg thanked the public for coming out again; thanked Council for entertaining his desire to talk further; feels strong about this project; understands this is in some resident's backyard; this is a rezoning; is this rezoning applicable to this piece of property; is a property owner's right to sell their property; nothing more dear to him than people's property rights; City will not buy this and make it a park; Mr. Spanovich has tried to sell this many times; this is a good use for this property; thanked everyone who has come back; they have provided information not needed for this project; this is a good use and we are picking at the details; asked those to stay with this project; will go back in front of Planning Commission and our staff; we will have input on lighting, finishes, etc.; hopes that our staff will make this a fantastic project, if it passes; appreciates everyone time and passion; $18.5 million dollar projects do not come along every day; Metzbower said to Mr. Larick that everyone has explained their position; want to hear his opinion; Larick said his constituents are not for this; not viable for this area; Schnetzer said a no vote tonight would not be a violation of property rights; property rights allow this property to be sold; to say a no vote is trampling property rights is unjust; as someone who is on the steering committee for the Land Use Plan update; not fair to say that this is a foregone conclusion that we know the future planned use; that is a significant reason why we should take a pause on this; Angelou asked if he wants to postpone this; Schnetzer said originally wanted to see a new application; do not know the deadline of this study, it may be several months; will likely exceed 60-day window; Metzbower said knows we are waiting on a plan that is in the works; in absence of that, we should be looking at the plan that is in place; do not subscribe to the argument that one is in the works; cannot play the "what-ifs game"; Leeseberg said we have to look at the application with the law that the time of the filing; we have a plan in place; we have had a plan in place for a while; several projects in the works; does not make sense to have a moratorium until this is done. The motion carried by the following vote: Yes: 4- Angelou, Leeseberg, Renner and Metzbower No: 3- Schnetzer, Larick and McGregor J. FIRST READING OF ORDINANCES: K. RESOLUTIONS/MOTION RESOLUTIONS: RES-0004-2018 RESOLUTION OF OBJECTION BY THE LEGISLATIVE BODY OF THE City of Gahanna Page 8 City Council Meeting Minutes March 19, 2018 CITY OF GAHANNA TO THE PROPOSED DEVELOPMENT, WENDLER COMMONS, LOCATED AT 4854 WENDLER BOULEVARD, COLUMBUS, OHIO 43230; A 62-UNIT WORKFORCE HOUSING DEVELOPMENT. A motion was made by Renner, seconded by Schnetzer, that the Resolution be Adopted. Schnetzer said this is in response to a certified letter received; that letter solicited the opinion of the legislative body; Council is not making this their business without justification; a multi-family development is being proposed on the City of Gahanna's doorstep; is clear that Gahanna will provide services because of the proximity; two specific services are Parks & Police; higher density demands more from Police; the City of Gahanna levies a park impact fee for these type of developments in the City; it is difficult to deny that services will be delivered by the City of Gahanna for this project; hopes this Resolution is the first step to open conversations regarding these types of developments and their proximity to Gahanna’s jurisdiction; Angelou said has been giving this a lot of thought; asking why this letter was sent to us when this is not our business; this is the City of Columbus, already done; already been passed from what she understands; asking why the company would be calling on us; the only political entity is the schools, yet they are not coming forward with an impact plan; not sure if they were notified, if not, why; something is not quite right; thought about impact of parks; our parks are public; we have tourist come in; we invite people to come into our City; spend a lot of money to put in trails and bike paths to bring people from other cities; they may give us an impact fee, but doubts it; this is not our City; this is Columbus; conflicted because we certainly have been asked but does not understand why we were asked; should have asked that of the people who sent us this letter; the correct place is the City schools; would almost like to see this tabled indefinitely; Larick said the letter indicates that we have the right to submit comments to the funding authority; reviewed the bulleted items in the Resolution; Renner said value Mrs. Angelou's comments; feel compelled to speak up; this may be the first time we have received such a letter; this will be impactful; zip code will be the same as our City; knows many in that area who believe they live in the City; feels compelled that we vote yes and send this in and see if we get a response. The motion carried by the following vote: Yes: 6- Angelou, Renner, Schnetzer, Larick, Metzbower and McGregor No: 1- Leeseberg L. REPRESENTATIVES: Community Improvement Corporation (CIC) - Leeseberg Leeseberg said there is a meeting tomorrow at 7:30 AM in the Committee Room. Mid-Ohio Regional Planning Commission (MORPC) - Angelou City of Gahanna Page 9 City Council Meeting Minutes March 19, 2018 Angelou said met last Thursday; had a huge crowd turn out; kicked off Smart Region Task Force; working over a 2 year period; working to generate regional policies and guidelines to lead to a smart region; announced Rapid Speed Transportation Initiative; Cleveland has a Hyperloop project going forward but it is different than ours; led nominations for the Board; voted on in April; Chair is leaving; will become past chair; will have a smart vehicle at April's meeting to test drive; State of the Region is April 19th; (packet left in Council office for public review). Gahanna-Jefferson Board of Education - Metzbower Metzbower said they had a recent meeting two weeks ago; they are not engaging in the Wendler Commons issue; was a safety meeting. Convention & Visitors Bureau (CVB) - Renner Renner said at State of the State Address on March 6th, Laurie Jadwin represented Gahanna; Ohio Tourism Day, Visit Gahanna is honored and will be an exhibitor on May 9th; falls during national travel and tourism week; the Certified Tourism Ambassador program will post on Thursday, April 5th; contact Visit Gahanna's office for more information; the Creekside Blues & Jazz Festival lineup was announced last week; for information visit www.creeksidebluesandjazz.com or call the CVB. M. OFFICIAL REPORTS: Mayor Mayor Kneeland thanked everyone who showed up for the school safety program; people sent their questions to the panel; were probably 80+ questions; will be efforts to improve safety in all their buildings; congratulated Angelou on her appointment in MORPC; those that participated in the Citizen's Police Academy, was really neat to see; Gahanna was well represented; asked Chief if he had anything to add to the safety meeting; Chief Spence said had a technology meeting the week before; looking at ways to improve situational awareness; keeping our building secure; talked about opiate roundtable; will be working on a number of things to dovetail last week’s work. City Attorney No report. City of Gahanna Page 10 City Council Meeting Minutes March 19, 2018 N. COUNCIL COMMENT Metzbower thanked the Corvette Club for all they do; wanted to acknowledge Ms. Hoffman; the set-up of the zoning committee; thinks the entire process needs addressed during the Charter Review; friend of his, Tim, is here tonight with his son, Alex; he is looking to engage himself in public life as well; thanked him for coming. Renner said will not be here next week for Committee of the Whole; will be in Florida; said he and his wife got involved with the site called 23andme.com 5-6 years ago to see what their ancestry was; if someone else does it, the server will let you know if you match DNA with anyone who may be related to you; in late January, received an email from the system, said he has a sister; knew he was adopted; is quite moving; started communicating via email and then phone and then FaceTime; have grown close over the last couple months; will meet face to face for the first time. Schnetzer said have had unusual events over the last couple weeks with Council and at the dais; regardless of the outcome of those votes, believes everyone is acting on good faith; considers himself fortunate and privileged to work with a group of skilled and devoted public servants. McGregor had no comments. Angelou said that was a great story, Mr. Renner; wished him the best; March Madness brackets have taken a turn. Leeseberg said the Police Academy is a fantastic program; definitely wants in on the next one; also thanked them for the school safety event; we are all in this together and trying to find the best way to serve the public; said his daughter, who has wrestled for the last 3 years, went into a state-wide tournament and placed 7th; qualified for a national tournament; impressed with all participants; is a girls only tournament; fierce competition. Larick said has been reminded of why he got involved with the City over the last 2 weeks; on Tuesday morning the 6th, his mother-in-law passed away; was expected; but still cannot always prepare; the number of folks that brought food, helped with things around the house, reiterates why this is a fantastic community; why we need to focus on making this community great; cannot say enough about the people who make up this community. Leeseberg said enjoys the different points of view on Council; City of Gahanna Page 11 City Council Meeting Minutes March 19, 2018 appreciates going back and forth and the hard work on the rezoning; this group is very prepared and wants what is best. O. EXECUTIVE SESSION President Larick requested Mayor Tom Kneeland attend the Executive Session for 5.40(b) and Abby Cochran attend the Executive Session for 5.40(a). Executive Session was held in the Law Library. Council rose to Executive Session at 8:40 p.m. Council rose to report from Executive Session at 9:02 p.m. with no action taken. A motion was made by Leeseberg, seconded by Schnetzer, to go into Executive Session under authority of Section 5.40(a) of the Council Rules of Procedure to consider the appointment, employment, dismissal, discipline, promotion, demotion, or compensation of a public employee or official, or the investigation of charges or complaints against a public employee, official, licensee, or regulated individual, unless the public employee, official, licensee, or regulated individual requests a public hearing AND to go into Executive Session under authority of Section 5.40(b) of the Council Rules of Procedure to consider the purchase of property for public purposes, the sale of property at competitive bidding, or the sale or other disposition of unneeded, obsolete, or unfit- for-use property in accordance with section 505.10 of the Revised Code, if premature disclosure of information would give an unfair competitive or bargaining advantage to a person whose personal, private interest is adverse to the general public interest. The motion carried by the following vote: Yes: 7- Angelou, Leeseberg, Renner, Schnetzer, Larick, Metzbower and McGregor P. ADJOURNMENT 9:02 p.m. City of Gahanna Page 12