City Council

200 South Hamilton Road City of Gahanna Gahanna, Ohio 43230 Meeting Minutes City Council Brian Metzbower, President Stephen A. Renner, Vice President Karen J. Angelou Brian D. Larick Jamie Leeseberg Nancy R. McGregor Michael Schnetzer Kimberly Banning, Clerk of Council Council may caucus at 6:30 p.m. Monday, February 18, 2019 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, February 18, 2019, in Council Chambers of City Hall, 200 South Hamilton Road, Gahanna, Ohio. President of Council, Brian Metzbower, called the meeting to order at 7:05 p.m. Vice President of Council, Stephen Renner, delivered an Invocation followed by the Pledge of Allegiance. Agenda for this meeting was published on February 15, 2019. 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. None. C. HEARING OF VISITORS. Proclamation from Mayor Tom Kneeland: SOH Productions and Ron Smith Mayor Kneeland presented a Proclamation to Ron Smith and SOH Productions for the celebration of their 30th Anniversary of their Business. Mayor thanked Smith for his dedication to the City. Smith thanked the Mayor. D. INTRODUCTIONS AND ASSIGNMENT TO COMMITTEE: Ordinances - To Be Introduced and Assigned to Committee: City of Gahanna Page 1 City Council Meeting Minutes February 18, 2019 Vice President Renner introduced the items under Section D. ORD-0018-2019 TO REZONE 3.87 +/- ACRES OF PROPERTY LOCATED AT 219 NORTH HAMILTON ROAD; PARCEL ID NO. 025-002808; CURRENT ZONING COMMUNITY COMMERCIAL (CC); REQUESTED ZONING RESTRICTED INSTITUTIONAL DISTRICT (RID); MIFFLIN TOWNSHIP TRUSTEES; NANCY WHITE, APPLICANT. This item was introduced. ORD-0019-2019 TO AUTHORIZE THE MAYOR TO ENTER INTO CONTRACT WITH BALDWIN GROUP INC., FOR MAYOR'S COURT SOFTWARE, ONLINE DOCKETING & PAYMENTS MODULE, AND TO SIGN A STANDARD DISCLAIMER, FOR THE INSTALLATION OF NEW COURT SOFTWARE. This item was introduced. ORD-0020-2019 SUPPLEMENTAL APPROPRIATION - Fleet Program Auction Proceeds. This item was introduced. ORD-0021-2019 SUPPLEMENTAL APPROPRIATION- Insurance Claim Proceeds. This item was introduced. ORD-0022-2019 SUPPLEMENTAL APPROPRIATION - Water Meter Proceeds. This item was introduced. ORD-0023-2019 TO AUTHORIZE THE MAYOR TO ENTER INTO CONTRACT WITH CLARKE ENVIRONMENTAL MOSQUITO MANAGEMENT INC., FOR MOSQUITO MANAGEMENT. This item was introduced. ORD-0024-2019 TO AUTHORIZE THE MAYOR TO ENTER INTO A WORKING AGREEMENT WITH FRANKLIN SOIL & WATER CONSERVATION DISTRICT (FSWCD) FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER COMPLIANCE. This item was introduced. ORD-0025-2019 TO AUTHORIZE THE MAYOR TO ENTER INTO A WORKING AGREEMENT WITH FRANKLIN SOIL AND WATER CONSERVATION DISTRICT (FSWCD) FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) ILLICIT DISCHARGE DETECTION AND ELIMINATION (IDDE) COMPLIANCE. City of Gahanna Page 2 City Council Meeting Minutes February 18, 2019 This item was introduced. ORD-0026-2019 TO AUTHORIZE THE MAYOR TO ENTER INTO A REAL ESTATE PURCHASE AGREEMENT WITH FOUR PROPERTY OWNERS FOR EASEMENT ACQUISITION FOR THE HEIL DRIVE BRIDGE REPLACEMENT; ST1047. This item was introduced. E. CONSENT AGENDA: Minutes to Approve: 2018-0237 CURRENTLY UNAVAILABLE Ordinances on Second Reading: ORD-0011-2019 TO AUTHORIZE AN AGREEMENT WITH PREMIER HOLDING GROUP, LLC FOR TAX ABATEMENT FOR THE PROPERTY LOCATED AT 610 TAYLOR STATION ROAD, PARCEL ID NO. 027-000143; PART OF COUMMUNITY REINVESTMENT AREA #1. This Ordinance was Adopted on the Consent Agenda. ORD-0012-2019 TO AUTHORIZE THE MAYOR TO ENTER INTO CONTRACT FOR THE 2019 FISCAL YEAR WITH THE FRANKLIN COUNTY PUBLIC DEFENDER COMMISSION TO REPRESENT INDIGENT PERSONS BEFORE THE FRANKLIN COUNTY MUNICIPAL COURT CHARGED WITH VIOLATIONS UNDER GAHANNA ORDINANCES. This Ordinance was Adopted on the Consent Agenda. ORD-0013-2019 TO AUTHORIZE THE MAYOR TO ENTER INTO AGREEMENT WITH THE FRANKLIN COUNTY BOARD OF ELECTIONS FOR USE OF CITY PROPERTY AS POLLING LOCATIONS FOR THE YEAR 2019. This Ordinance was Adopted on the Consent Agenda. Motion Resolutions: MR-0006-2019 TO CONFIRM APPOINTMENT OF FIRE CHIEF OF MIFFLIN TOWNSHIP, FRED KAUSER, AND FOR THOSE AREAS SERVED BY JEFFERSON TOWNSHIP FIRE DEPARTMENT, FIRE CHIEF OF JEFFERSON TOWNSHIP, BRAD SHULL, THE MUNICIPAL FIRE SAFETY INSPECTORS FOR THE PERIOD OF APRIL 1, 2019 THROUGH MARCH 31, 2020. City of Gahanna Page 3 City Council Meeting Minutes February 18, 2019 This Motion Resolution was Approved on the Consent Agenda. MR-0007-2019 MOTION RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE & ENGINEERING PERMISSION TO BID THE 2019 STREET PROGRAM ST1064 AND DETROIT STREET REBUILD. This Motion Resolution was Approved on the Consent Agenda. Approval of the Consent Agenda A motion was made by Schnetzer, seconded by Renner, to Pass 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: ORD-0018-2019 TO REZONE 3.87 +/- ACRES OF PROPERTY LOCATED AT 219 NORTH HAMILTON ROAD; PARCEL ID NO. 025-002808; CURRENT ZONING COMMUNITY COMMERCIAL (CC); REQUESTED ZONING RESTRICTED INSTITUTIONAL DISTRICT (RID); MIFFLIN TOWNSHIP TRUSTEES; NANCY WHITE, APPLICANT. President Metzbower explained the rules of the Public Hearing and opened the Hearing at 7:12 p.m. Rick Duff, 312 Dunbarton Rd.; here in the capacity of a Planning Member and also the Fiscal Officer for Mifflin Twp.; would like to note that during the vote at Planning Commission, did recuse himself; stated the property is currently zoned as community commercial, which means things like gas stations and grocery stores can go in; high activity businesses can currently go in without any need for rezoning; the request is for restricted institutional development (RID); the plan is for Mifflin Twp. To build a new 2 story office building and it will house current MEC Center; really good use of land; was a masonic temple; the land has been sitting vacant for a long time; a lot of green space will be saved; if you were to ask current neighbors of the Township Offices, you would hear that it is very quiet; the vote is only for rezoning; other things that could go in the area would not be compatible with surrounding neighborhood. Jack Reynolds, 37 West Broad St.; here from Smith & Hale, representing Mifflin Twp.; appreciates the support we have gotten; the introduction by Duff summarized the project; stated he would answer any questions if there were any; said he is looking forward to coming back on March 4th. City of Gahanna Page 4 City Council Meeting Minutes February 18, 2019 President Metzbower closed the Public Hearing at 7:16 p.m. G. COMMITTEE UPDATES None. H. CORRESPONDENCE AND ACTIONS: Clerk None. Council None. I. SECOND READING OF ORDINANCES: ORD-0106-2018 TO REZONE 4.5 +/- ACRES OF PROPERTY, TO TWO FAMILY RESIDENTIAL (MR-1); SAID PROPERTY LOCATED AT 488 EAST JOHNSTOWN ROAD; PARCEL ID NO. 025-001930-00; CURRENT ZONING SINGLE FAMILY (SF-2); PAULINA PLACE; LORETO CANINI, APPLICANT. President Metzbower stated that there were several speaker slips on this topic; would like to open the floor to public comments; opened the meeting for public comment at 7:18 p.m. John Miller, 1484 Braeton Parkway; attorney representing contiguous owners; owners have made considerable negotiations to settle with the applicant; the owners asked for several restrictions to southern lots, only 4 lots; they asked for a tree line on the southern border, a height restriction of 28’ on the homes on those lots, no windows be on 2nd floors; no roadway be within 25’ of the southern border, 25’ setback on southern border with no improvements; applicant agreed and later changed his mind; he complained about the tree line and said the city arborist would need to be consulted; the arborist said the tree line was fine; last week the applicant had an agreement ready to go and at the last moment the applicant asked if decks could go in the 25’ setback; point of setback was to allow for shared privacy; applicant then asked for patios instead; based on the loss of one patio has caused negotiations to fail; without an agreement there will be no restrictions; houses can be packed City of Gahanna Page 5 City Council Meeting Minutes February 18, 2019 in like sardines; the applicant said he won’t do this but there’s nothing to say he can’t; there is no guarantee the applicant will be the one to develop; if Council approves, the highest density will be there and unrestricted; variances are improper as a matter of Ohio law; if houses could be built within 5’ of your properties would you still vote in favor. Mike Helbig, 260 Colony Ct.; homeowner that resides on bottom; effected by development; not opposed to some development; have been supportive; have offered reasonable proposals; our neighbors have agreed to terms and in multiple instances the terms have been changed; person of business and experienced with negotiations; trust goes a long way; we are pushing for very specific setbacks; opposed to the rezoning without an agreement. Jon Melaragno, 244 Colony Ct.; wife and I purchased property 20 years ago; our back yard and just past our property line is woods; there’s a lot of wildlife and very serene and relaxing environment; the grade from back of home to back of property line is 8-10’; reason requesting setback; don’t want a 2 story house that close; this is an ideal place to raise a family; urges council to deny this unless an agreement is made. Callie McInturf, 252 Colony Ct.; the attorney and neighbors have summed this up well; consider how you would feel if you were in the same position; I am the newest neighbor here; have gotten to know neighbors well through this process; have worked hard together in the past few months to try and be in support of the project; this is the first home I have purchased; drawn to the nature; would hate to see the woods go but would like to be in support of the project; the back and forth has been stressful and frustrating; feels we have been reasonable and considerate; would ask Council to oppose. Larry Canini, 29 Kessler Dr., New Albany; reached out to these folks after the area commission meeting because no residents were in attendance at that meeting; took it upon himself to reach out; Mr. Helbig was instrumental in getting neighbors together; at first neighborhood meeting 80 % of neighbors were in attendance; from that point forward, Mr. Helbig and Jeff McInturf were managing the group; Michael Blackford attended to answer process questions; received a short list that evening with 5 items: adjust lot layout by removing 2 lots on Colony Court to have 25-30’ setbacks, screening between development and existing properties; solid fencing or walls for screening to maintain current privacy, lighting plan City of Gahanna Page 6 City Council Meeting Minutes February 18, 2019 with low voltage posts and no street lights; developer takes responsibility for drainage issues as a result; change of zoning to be specific to project only; rear yards are facing rear yards; the goal was to eliminate 2 lots; agreed to all other matters; protect all homes on all boundary sides; would take out evasive species to determine what trees would stay and would come in later and provide evergreen screening; received 5-0 vote at Planning Commission; addressed other concerns; the neighbors here being represented by John Miller are those neighbors to the south; all attention focused on those people and that’s not fair to all neighbors; first thing we did was try to figure out a way to create a plan that gave them the same equal rear yards that everyone else had; that was second proposed plan; spoke with staff and would potentially have to get variances but that would be in a Final Development Plan and we are here to talk about the Zoning; again, I will provide evergreens wherever they are needed to reduce opacity for all those people; regarding the comment about me pulling back at the last minute; the current code allows for a deck to encroach 10’ into a yard; I have never had an attorney get hired to negotiate with me in all my years here; we are going to build a quality project here; it will improve Johnstown Rd; will answer any questions. Schnetzer stated he was disappointed that the negotiations broke down; believed this would come to an amicable agreement at some point; what is the current plan that is before Council. Canini said this is the ideal plan that we voted on. Schnetzer said if approved tonight, is this what is intended to be constructed. Canini referred to the plan on the screen; stated he was holding an agreement and nothing in their talks about restricting patios or gas grills in rear yards; referred to an email between him and Blackford; concrete or paver patios that are flush with the ground are not subject to setbacks; decks may encroach up to 10’; feels it is unequal to ask them to not have patios. Angelou said it seems there should be some way to make this happen and that she could see where lot 11 would have the biggest issues; how can they ask to not have windows on the second floor. Canini stated that he agreed to the request to not have them on the rear of the houses; agreed to plan evergreens at 5-6’ in height, and would grow, and agreed to have them on our property so that we could maintain them. City Attorney, Shane Ewald, interjected; stated what was before them is a Zoning and not a Final Development Plan; concern is that 1133.03 (b) there is guidance to what can and cannot be looked at; you don’t get into City of Gahanna Page 7 City Council Meeting Minutes February 18, 2019 specifics of the buildings. Canini said from the time he sat in Mr. Helbig’s living room, and agreed to those items, was blindsided by the hiring of John Miller and the filing of the appeal. Ewald said a private agreement between the residents has no bearing on the zoning; that would be better accomplished through an overlay; secondly, there was a condition in place that this remain single family. Angelou said to make this clear, this has the potential to be good zoning; asked Canini if he would be building these. Canini said they are partnering with Romanelli & Hughes and have stated that from the beginning. Leeseberg asked if the houses on front are currently on septic systems. Canini said Mr. Stephen’s home is on City water but has a septic system which will be removed. Leeseberg confirmed the streets are to be private and there will be underground detention. Canini confirmed but said the detention will be above ground to control what will go into Sycamore Run. Leeseberg asked about the next steps. Blackford stated Preliminary Plat would be submitted in lieu of a Final Development Plan, Final Plat would be submitted to City Council for approval. Metzbower asked if variance ties into the issues discussed. Canini said not specific to these concerns, more related to private streets over public streets. Schnetzer said reviewing the process has helped; is optimistic that the dialogue can continue; is also encouraged that the Final Plat would have to come back to this Body for approval; was not in favor of the original layout; those were too close; can be in support of taking the next step looking at this new layout. Renner said Canini’s reputation precedes him, wants to applaud him; has been open and willing; appreciates the residents coming before us tonight. Larick asked Canini to continue to work with residents for a mutual agreement. Jeff Mcinturf 10558 Neibarger Ln., Newark; father of Callie; is a real estate developer; trying to assist neighbors; agrees if the property is built in the right way it would be beneficial; listed concerns mentioned by others; had plant renderings done and provided to Canini and included a budget; arborist said all the landscaping back there was junk and had to be removed; there is not much back there to salvage; when looking at City of Gahanna Page 8 City Council Meeting Minutes February 18, 2019 patios, every house has one in the back except for one lot which would come right up to John’s property line; this all boils down to one lot which is crammed in; thought we were in agreement but it has derailed; understands there's no guarantee that this project will be developed; zoning is essentially MR-1; asking to keep that in mind because that was what started the whole conversation. Melissa Brant, 443 Anthony Ct; not represented by John Miller; Canini said he wanted this to be equal for everyone; not approached by Canini; lived here for 14 years; understands this is Mr. Stephens' property; this effects everyone's lives here; keep in mind to keep the people of Gahanna first. Bob Brant; 443 Anthony Ct, Melissa's husband; shares some of the same concerns; runoff, grading of the plot, not thrilled with overall density of the layout; will have 2 additional houses behind ours; were talks of a retention pond; wants to ensure underground retention included; concerns of setback; 25' setback; was unaware that patios could be built within 10' of property line; if that's the code then so be it; but was unaware; please consider. Schnetzer, asked Ewald to speak on technical details around MR-1 zoning; are there any additional requirements/restrictions, should this project fall through. Ewald stated there’s a condition upon the recommendation that this remain single family; not subject to change; not subject to multi-family; no limited overlay text; all setback concerns would be handled during platting; Final Plat would go to Council for approval; would recommend staff notify council of any additional variances coming forward due to this; no additional restrictions without going back to the beginning and placing on it, a limited overlay text. Leeseberg said multifamily speaks to the density. Ewald said SF-2 would remain if this does not pass tonight. Leeseberg said zoning classification, included as part of the planning & development presentation, project summary states only single family units can go here per the conditional use. Schnetzer said does not want to open the door to multifamily. Canini said there is no detached patio home zoning code; private streets and HOA governs maintenance, which is positive because it creates uniformity, but makes it appear more like MR-1. Schnetzer said with the restriction to zoning that requires this be a single family development; is more comfortable with this. Angelou asked if City of Gahanna Page 9 City Council Meeting Minutes February 18, 2019 limited overlay can be applied. Ewald said only if starting from beginning with a new application. Metzbower closed the public comment portion of the meeting at 8:13 p.m. A motion was made by Leeseberg, seconded by Renner, that the Ordinance be Adopted. The motion carried by the following vote: Yes: 7- Angelou, Leeseberg, Renner, Schnetzer, Larick, Metzbower and McGregor ORD-0107-2018 TO GRANT A VARIANCE APPLICATION TO VARY SECTIONS 1108.01, REQUIRING FINAL DEVELOPMENT PLAN REVIEW FOR PROPERTIES ZONED TWO FAMILY RESIDENTIAL (MR-1), 1109.02(A), REQUIRING PUBLIC STREETS, AND 1145.05(A), REQUIRING LOTS TO FRONT ON A DEDICATED PUBLIC STREET, OF THE CODIFIED ORDINANCES OF THE CITY OF GAHANNA; FOR PROPERTY LOCATED AT 488 EAST JOHNSTOWN ROAD; PARCEL ID NO. 025-001930-00; CURRENT ZONING SINGLE FAMILY (SF-2); PAULINA PLACE; LORETO CANINI, APPLICANT. Ewald wanted to follow up with request to Canini that when getting to the Platting stage, that we review whether or not any additional variances are required based on the updated plan; also ask that the comments from the audience and Canini, be added under this item as well, and duplicated from ORD-0106-2019. *comments below are duplicated from ORD-0106-2019 discussion, per the request of City Attorney Ewald. John Miller, 1484 Braeton Parkway; attorney representing contiguous owners; owners have made considerable negotiations to settle with the applicant; the owners asked for several restrictions to southern lots, only 4 lots; they asked for a tree line on the southern border, a height restriction of 28’ on the homes on those lots, no windows be on 2nd floors; no roadway be within 25’ of the southern border, 25’ setback on southern border with no improvements; applicant agreed and later changed his mind; he complained about the tree line and said the city arborist would need to be consulted; the arborist said the tree line was fine; last week the applicant had an agreement ready to go and at the last moment the applicant asked if decks could go in the 25’ setback; point of setback was to allow for shared privacy; applicant then asked for patios instead; based on the loss of one patio has caused negotiations to fail; without an agreement there will be no restrictions; houses can be packed in like sardines; the applicant said he won’t do this but there’s nothing to say he can’t; there is no guarantee the applicant will be the one to develop; if Council approves, the highest density will be there and unrestricted; variances are improper as a matter of Ohio law; if City of Gahanna Page 10 City Council Meeting Minutes February 18, 2019 houses could be built within 5’ of your properties would you still vote in favor. Mike Helbig, 260 Colony Ct.; homeowner that resides on bottom; effected by development; not opposed to some development; have been supportive; have offered reasonable proposals; our neighbors have agreed to terms and in multiple instances the terms have been changed; person of business and experienced with negotiations; trust goes a long way; we are pushing for very specific setbacks; opposed to the rezoning without an agreement. Jon Melaragno, 244 Colony Ct.; wife and I purchased property 20 years ago; our back yard and just past our property line is woods; there’s a lot of wildlife and very serene and relaxing environment; the grade from back of home to back of property line is 8-10’; reason requesting setback; don’t want a 2 story house that close; this is an ideal place to raise a family; urges council to deny this unless an agreement is made. Callie McInturf, 252 Colony Ct.; the attorney and neighbors have summed this up well; consider how you would feel if you were in the same position; I am the newest neighbor here; have gotten to know neighbors well through this process; have worked hard together in the past few months to try and be in support of the project; this is the first home I have purchased; drawn to the nature; would hate to see the woods go but would like to be in support of the project; the back and forth has been stressful and frustrating; feels we have been reasonable and considerate; would ask Council to oppose. Larry Canini, 29 Kessler Dr., New Albany; reached out to these folks after the area commission meeting because no residents were in attendance at that meeting; took it upon himself to reach out; Mr. Helbig was instrumental in getting neighbors together; at first neighborhood meeting 80 % of neighbors were in attendance; from that point forward, Mr. Helbig and Jeff McInturf were managing the group; Michael Blackford attended to answer process questions; received a short list that evening with 5 items: adjust lot layout by removing 2 lots on Colony Court to have 25-30’ setbacks, screening between development and existing properties; solid fencing or walls for screening to maintain current privacy, lighting plan with low voltage posts and no street lights; developer takes responsibility for drainage issues as a result; change of zoning to be specific to project only; rear yards are facing rear yards; the goal was to eliminate 2 lots; agreed to all other matters; protect all homes on all boundary sides; would take out evasive species to determine what trees would stay and would come in later and provide evergreen screening; received 5-0 vote at Planning Commission; addressed other concerns; the neighbors here being represented by John Miller are those neighbors to the south; all attention focused on those people and that’s not fair to all neighbors; first thing we did was try to figure out a way to create a plan that gave them the same equal rear yards that everyone else had; that was second proposed plan; spoke with staff and would potentially have to get variances but that would be in a Final Development Plan and we are here to talk about the Zoning; again, I will provide evergreens wherever they are needed to reduce opacity for all those people; regarding the comment about me pulling back at the last minute; the current code allows for a deck to encroach 10’ into a yard; I have never had an attorney get hired to negotiate with me in all my years here; we are going to build a quality project here; it will improve Johnstown Rd; will answer any questions. City of Gahanna Page 11 City Council Meeting Minutes February 18, 2019 Schnetzer stated he was disappointed that the negotiations broke down; believed this would come to an amicable agreement at some point; what is the current plan that is before Council. Canini said this is the ideal plan that we voted on. Schnetzer said if approved tonight, is this what is intended to be constructed. Canini referred to the plan on the screen; stated he was holding an agreement and nothing in their talks about restricting patios or gas grills in rear yards; referred to an email between him and Blackford; concrete or paver patios that are flush with the ground are not subject to setbacks; decks may encroach up to 10’; feels it is unequal to ask them to not have patios. Angelou said it seems there should be some way to make this happen and that she could see where lot 11 would have the biggest issues; how can they ask to not have windows on the second floor. Canini stated that he agreed to the request to not have them on the rear of the houses; agreed to plan evergreens at 5-6’ in height, and would grow, and agreed to have them on our property so that we could maintain them. City Attorney, Shane Ewald, interjected; stated what was before them is a Zoning and not a Final Development Plan; concern is that 1133.03 (b) there is guidance to what can and cannot be looked at; you don’t get into specifics of the buildings. Canini said from the time he sat in Mr. Helbig’s living room, and agreed to those items, was blindsided by the hiring of John Miller and the filing of the appeal. Ewald said a private agreement between the residents has no bearing on the zoning; that would be better accomplished through an overlay; secondly, there was a condition in place that this remain single family. Angelou said to make this clear, this has the potential to be good zoning; asked Canini if he would be building these. Canini said they are partnering with Romanelli & Hughes and have stated that from the beginning. Leeseberg asked if the houses on front are currently on septic systems. Canini said Mr. Stephen’s home is on City water but has a septic system which will be removed. Leeseberg confirmed the streets are to be private and there will be underground detention. Canini confirmed but said the detention will be above ground to control what will go into Sycamore Run. Leeseberg asked about the next steps. Blackford stated Preliminary Plat would be submitted in lieu of a Final Development Plan, Final Plat would be submitted to City Council for approval. Metzbower asked if variance ties into the issues discussed. Canini said not specific to these concerns, more related to private streets over public streets. Schnetzer said reviewing the process has helped; is optimistic that the dialogue can continue; is also encouraged that the Final Plat would have to come back to this Body for approval; was not in favor of the original layout; those were too close; can be in support of taking the next step looking at this new layout. Renner said Canini’s reputation precedes him, wants to applaud him; has been open and willing; appreciates the residents coming before us tonight. Larick asked Canini to continue to work with residents for a mutual agreement. City of Gahanna Page 12 City Council Meeting Minutes February 18, 2019 Jeff Mcinturf 10558 Neibarger Ln., Newark; father of Callie; is a real estate developer; trying to assist neighbors; agrees if the property is built in the right way it would be beneficial; listed concerns mentioned by others; had plant renderings done and provided to Canini and included a budget; arborist said all the landscaping back there was junk and had to be removed; there is not much back there to salvage; when looking at patios, every house has one in the back except for one lot which would come right up to John’s property line; this all boils down to one lot which is crammed in; thought we were in agreement but it has derailed; understands there's no guarantee that this project will be developed; zoning is essentially MR-1; asking to keep that in mind because that was what started the whole conversation. Melissa Brant, 443 Anthony Ct; not represented by John Miller; Canini said he wanted this to be equal for everyone; not approached by Canini; lived here for 14 years; understands this is Mr. Stephens' property; this effects everyone's lives here; keep in mind to keep the people of Gahanna first. Bob Brant; 443 Anthony Ct, Melissa's husband; shares some of the same concerns; runoff, grading of the plot, not thrilled with overall density of the layout; will have 2 additional houses behind ours; were talks of a retention pond; wants to ensure underground retention included; concerns of setback; 25' setback; was unaware that patios could be built within 10' of property line; if that's the code then so be it; but was unaware; please consider. Schnetzer, asked Ewald to speak on technical details around MR-1 zoning; are there any additional requirements/restrictions, should this project fall through. Ewald stated there’s a condition upon the recommendation that this remain single family; not subject to change; not subject to multi-family; no limited overlay text; all setback concerns would be handled during platting; Final Plat would go to Council for approval; would recommend staff notify council of any additional variances coming forward due to this; no additional restrictions without going back to the beginning and placing on it, a limited overlay text. Leeseberg said multifamily speaks to the density. Ewald said SF-2 would remain if this does not pass tonight. Leeseberg said zoning classification, included as part of the planning & development presentation, project summary states only single family units can go here per the conditional use. Schnetzer said does not want to open the door to multifamily. Canini said there is no detached patio home zoning code; private streets and HOA governs maintenance, which is positive because it creates uniformity, but makes it appear more like MR-1. Schnetzer said with the restriction to zoning that requires this be a single family development; is more comfortable with this. Angelou asked if limited overlay can be applied. Ewald said only if starting from beginning with a new application. A motion was made by Leeseberg, seconded by Renner, that the Ordinance be Adopted. The motion carried by the following vote: Yes: 7- Angelou, Leeseberg, Renner, Schnetzer, Larick, Metzbower and McGregor City of Gahanna Page 13 City Council Meeting Minutes February 18, 2019 J. FIRST READING OF ORDINANCES: None. K. RESOLUTIONS/MOTION RESOLUTIONS: RES-0003-2019 TO ADOPT A STATEMENT INDICATING THE SERVICES THE CITY OF GAHANNA, OHIO, WILL PROVIDE AND ARE AVAILABLE UPON ANNEXATION TO THE 2.889 +/- ACRE PROPERTY IN JEFFERSON TOWNSHIP, LOCATED AT 4242/4246 EAST JOHNSTOWN ROAD IN FRANKLIN COUNTY, PID# 170-000426, PROPOSED TO BE ANNEXED TO THE CITY OF GAHANNA; MARTY ACKERMANN, PROPERTY OWNER; AND CITY BUFFER REQUIREMENTS AS PROVIDED IN OHIO REVISED CODE 709.023. President Metzbower noted that the item should have been on the Committee of the Whole agenda for discussion last week, but due to clerical error, it was missed. Marty Ackermann; owner of the property for many years; this was overlooked when she hooked up to city water; this is a request by the City to annex in; stated that she’s fine with that; loves Gahanna, have raised children here for 30 years; happy to help in any way; will answer any questions. Renner thanked her for coming. Metzbower said due to ORC this needs to be back to the County by 2/25/19. Clerk confirmed. A motion was made by Larick, seconded by Leeseberg, that the Resolution be Adopted. The motion carried by the following vote: Yes: 7- Angelou, Leeseberg, Renner, Schnetzer, Larick, Metzbower and McGregor L. REPRESENTATIVES: Community Improvement Corporation (CIC) - Leeseberg Larick stated the next meeting is tomorrow at 7:30 a.m. Mid-Ohio Regional Planning Commission (MORPC) - Angelou Metzbower welcomed Angelou back to Ohio. City of Gahanna Page 14 City Council Meeting Minutes February 18, 2019 Angelou stated she just came back from Washington D.C. late Wednesday evening. At the MORPC meeting on 2/14 received perfect attendance; only 1 of 5 members, to do so; received a candy bar; Murdock was sick for first time ever since taking over the office and had to leave D.C. early; had a kick off for new brand; new refreshing logo shows diversity of members and scope of work; now they have a communication & engagement position, data & mapping, planning & sustainability, transportation & infrastructure, residential services. Joe Garrity has now become new Director of Government Affairs, was member of MORPC team; Nathanial Kaelin has also been an ongoing member of team; new to team is Robert Williams, Director of Residential Services; comes with resume from Nationwide Children’s housing; will have another new person to take over Communications and Engagement. Auditor came to visit; 30th year that MORPC has had that perfect mark; new estimates indicate that by 2050 there will be 3 million people in Ohio; Spring Insight 2050 academy, 5 weeks long, will focus on future of local and regional mobility; Leeseberg has gone through it; starts 3/1 if interested. April 18 is the State of the Region, speaker will be Anthony Foxx, who oversaw Smart City; welcomed Morrow county as 65th MORPC member; another county from rural area; also had regular committees; Regional Data Advisory Committee; Sustainability Advisory Committee. Attended NARC conference which was a policy conference held each February in D.C.; spent 4 days there; was a panel held on Census 2020; important to Ohio; potential to lose one congressman; MORPC is greatly involved; had great speakers; Dr. Ben Carson came to speak, secretary of HUD; gave an awesome speech; 3 congressman met with us; DeFazio from Oregon was blunt in ideas, had been there for a long time; Garret Graves from Louisiana, newer member; Robin Titus from Nevada; also went to visit the Hill; important part of conference. Also met with Portman and Brown; gas tax increase is a must; electric vehicles becoming more popular, will take a longer period of time to work this out; issue needs raised at federal and state level; out of money; met with Stivers and Balderson; Balderson went to MORPC to better understand about the organization, which has never happened before. City of Gahanna Page 15 City Council Meeting Minutes February 18, 2019 Gibbs and Jordan were not available, met with staff; met with Joyce Beatty; Colleen Marshal was doing an interview with her and Pelosi. Also went to Arlington Cemetery and African American museum. Metzbower said Electoral College is also effected by census. Angelou stated that Member Ted Staton from Upper Arlington passed away from cancer; he was an amazing man and will be missed. Metzbower said he read a nicely written article in the Dispatch. Gahanna-Jefferson Board of Education - Metzbower No report. Convention & Visitors Bureau (CVB) - Renner Correction, Schnetzer is the representative to CVB; he stated that CVB represented Gahanna at the AAA Vacation Expo; 12,000 attendees; participated at inaugural Gahanna Kids Fest; annual meeting will be on 3/7/19 at La Navona, speaker Jeff Siegler of Revitalize or Die; can purchase tickets at visitgahanna.com. M. OFFICIAL REPORTS: Mayor Not present. City Attorney No report. N. COUNCIL COMMENT McGregor said it was nice to see Ron Smith get an award tonight; Gahanna Historical Society is going to be taping interviews and transcribing; Smith volunteered to help with that effort; looking for long time/tenured residents to interview; red history book stopped in 1975; history will be gone if not captured. City of Gahanna Page 16 City Council Meeting Minutes February 18, 2019 Metzbower thanked Ron Smith. O. EXECUTIVE SESSION None. P. ADJOURNMENT By Schnetzer at 8:40 p.m. City of Gahanna Page 17