City Council - Special

200 South Hamilton Road City of Gahanna Gahanna, Ohio 43230 Meeting Minutes City Council - Special 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, September 25, 2017 7:30 PM 200 S. Hamilton Road, Gahanna, OH 43230 A. CALL MEETING TO ORDER - Roll Call. Gahanna City Council met in Special Meeting on Monday, September 25, 2017, in Council Chambers of City Hall, 200 South Hamilton Road, Gahanna, Ohio. President of Council, Brian D. Larick, called the meeting to order at 7:34 p.m. Vice President of Council, Jamie Leeseberg, delivered an Invocation followed by the Pledge of Allegiance. Agenda for this meeting was published on September 22, 2017. Present 7 - Brian D. Larick, Jamie Leeseberg, Stephen A. Renner, Michael Schnetzer, Nancy R. McGregor, Brian Metzbower, and Karen J. Angelou B. RESOLUTION: To open the floor, a motion was made by Leeseberg, seconded by Metzbower, that this Resolution be Adopted. RES-0010-2017 TO ADOPT A STATEMENT INDICATING THE SERVICES THE CITY OF GAHANNA, OHIO, WILL PROVIDE AND ARE AVAILABLE TO THE 1.858+/- ACRE PROPERTY IN JEFFERSON TOWNSHIP, LOCATED AT 4200 EAST JOHNSTOWN ROAD IN FRANKLIN COUNTY, PROPOSED TO BE ANNEXED TO THE CITYOF GAHANNA UPON ANNEXATION; REQUESTED BY JACK REYNOLDS, SMITH & HALE, AGENTFOR THE PETITIONER; DIRKEN T. VOELKER, PROPERTY OWNER. See below discussion. A motion was made by Leeseberg, seconded by Renner, to Amend the Resolution. The motion carried by the following vote: DISCUSSION ON THE MOTION TO ADOPT: Leeseberg asked Jones, there are other properties along Johnstown Road that we have provided City of Gahanna Page 1 City Council - Special Meeting Minutes September 25, 2017 services to with the agreement they will annex into the City; Jones said that is correct; Leeseberg said cart before the horse; what control do we have to tell as what they want to come into the City; Dugger said does not agree with Jones; Jones said one property that is receiving services but failed to annex; Dugger said there is an agreement with the City of Columbus, if you provide services, you must provide services; there are frequently septic systems that go bad and Columbus had emergency use to allow small annexations for services; annexation doesn't move very quickly; if the City has the ability to provide services in Jefferson without the agreement that they be annexed with the this ER use type exception; Dugger said required to go through the annexation process; Leeseberg said if the parcel isn't specified it comes in at ER-2; Dugger said would seek for Suburban Office or Commercial; but has not had that conversation with City staff; Angelou said if they knew it would be coming in as ER-2, Council would be comfortable voting on this this; Dugger said this conversation is preliminary; he said this is the first discussion on the zoning; Dugger said anticipate starting the zoning process during that time period; previous to this has no ability to do so; former City Attorney wasn't in favor of annexation agreements; it will be another 6 months for discussion; Angelou asked if they could get a handshake so it could come in so that they have control; Schnetzer said on this topic, it is abundantly clear if all of the jurisdictions rubber stamp it, it comes back to Council to accept this parcel with this zoning; there is no liability or law suit; Ewald said its Council's discretion; Dugger said with very large caveat; have a state law that says you have to provide this to the County Commissioners; if you choose not to you could have lawsuit sooner than later; Schnetzer said will deny those services in the resolution; Ewald said we have these services but we object to the services; would need a separate Resolution; Schnetzer said he's opposed to this coming in as a daycare; there is higher and better use; create the conditions and admitted to the city; Dugger said you have to get through the services before you get to zoning process; Mayor Kneeland said former Clerk of Council would beat in their head while they were on Council; they can’t turn down services, but can still turn down annexation; Dugger agreed; said remember a number of annexations on the north side; very political; one gentleman opposed annexation of his property; former City Engineer, Mr. Wetherholt reminded them how much trouble one person caused; there is discretion over the acceptance of annexation; Mayor Kneeland said this is just statement of services that we have and can provide; annexation petition will follow; Angelou asked would it have a zoning attached; Dugger said it wouldn’t; all of us want the land use issue out of the way; can be turned down at that time; McGregor asked if we can omit Section 1.; Renner said part of the problem is that they have the services; it’s Section 1. and 2. that they are not comfortable with; the way it is worded; don't like sections binding the City; Larick read ORC City of Gahanna Page 2 City Council - Special Meeting Minutes September 25, 2017 709.023 (C) - Within twenty days after the date that the petition is filed, the legislative authority of the municipal corporation to which annexation is proposed shall adopt an ordinance or resolution stating what services the municipal corporation will provide, and an approximate date by which it will provide them, to the territory proposed for annexation, upon annexation. The municipal corporation is entitled in its sole discretion to provide to the territory proposed for annexation, upon annexation, services in addition to the services described in that ordinance or resolution. CITY COUNCIL RECESSED AT 7:52 p.m. to allow City Attorney and Clerk of Council to make amendments to Resolution. CITY COUNCIL RETURNED TO SPECIAL SESSION AT 8:41 p.m. Larick read the Resolution with amendments; said Section 1. was removed; Section 2. became Section 1. and was split; Section 2. now specifically addresses cost to owners for extension of sanitary sewer. A motion was made by Leeseberg, seconded by Renner, to Amend the Resolution: DISCUSSION ON THE MOTION TO AMEND: Metzbower wanted to make sure this does not bind us to anything; Ewald said this meets the requirements. A motion was made by Leeseberg, seconded by Metzbower, that the Resolution be Adopted as Amended. The motion carried by the following vote: C. ADJOURNMENT. 8:45 p.m. City of Gahanna Page 3