Committee of the Whole

200 South Hamilton Road City of Gahanna Gahanna, Ohio 43230 Meeting Minutes Committee of the Whole Brian D. Larick, Chair Stephen A. Renner, Brian Metzbower Nancy R. McGregor, Karen J. Angelou Michael Schnetzer, Jamie Leeseberg Kimberly Banning, CMC, Clerk of Council Monday, June 13, 2016 7:00 PM Council Committee Rooms CALL TO ORDER President Renner called the meeting to order at 7:00 p.m. ADDITIONAL ATTENDEES: Jennifer Teal, Dottie Franey, Anthony Jones, Michael Blackford, Troy Euton, Diana Redman, George Mrus, John Hicks, Mayor Tom Kneeland, Sheryl Williams, Residents, Shane Ewald, Joanna Bury, Lieutenant Jeffrey Spence, Rob Sanders, Jeannie Hoffman, Ellen Zehner, Ken Shepherd, Kevin Zeppernick, Aaron Underhill. Present 6 - Stephen A. Renner, Brian Metzbower, Nancy R. McGregor, Karen J. Angelou, Michael Schnetzer, and Jamie Leeseberg Absent 1 - Brian D. Larick ITEMS FROM THE 2016 CHARTER REVIEW COMMISSION 1. Final Report of the 2016 Charter Review Commission MR-0032-2016 TO ACCEPT THE FINAL REPORT OF THE 2016 CHARTER REVIEW COMMISSION; FINAL REPORT ATTACHED AS EXHIBIT A. George Mrus, Chair of the Charter Review Commission; grateful for the opportunity to serve; thanked all members who volunteered their time; wonderful experience; thanked the Mayor and his administration, Council, and residents as well as our City Attorney, Shane Ewald and the clerks Kayla and Kim; focus of the Commission was to strike a balance between charter versus ordinance; recommending nine items for the November ballot; happy to answer any questions on the final report; McGregor and Angelou said they are required to move forward; Ewald thanked everyone for their time; said it was a pleasure to work with; was a very patient group and each issue was taken seriously; did their due-diligence; each item is important for the process. RECOMMENDATION: Consent Agenda. City of Gahanna Page 1 Committee of the Whole Meeting Minutes June 13, 2016 2. 9 Proposal Items for the Ballot RES-0006-2016 TO PROVIDE FOR THE SUBMISSION TO THE ELECTORATE OF AMENDMENT TO THE GAHANNA CITY CHARTER PERTAINING TO THE MAYOR. See discussion under MR-0032-2016. RECOMMENDATION: Consent Agenda. RES-0007-2016 TO PROVIDE FOR THE SUBMISSION TO THE ELECTORATE OF AMENDMENT TO THE GAHANNA CITY CHARTER PERTAINING TO THE MAYOR. See discussion under MR-0032-2016. RECOMMENDATION: Consent Agenda. RES-0008-2016 TO PROVIDE FOR THE SUBMISSION TO THE ELECTORATE OF AMENDMENT TO THE GAHANNA CITY CHARTER PERTAINING TO THE COUNCIL. See discussion under MR-0032-2016. RECOMMENDATION: Consent Agenda. RES-0009-2016 TO PROVIDE FOR THE SUBMISSION TO THE ELECTORATE OF AMENDMENT TO THE GAHANNA CITY CHARTER PERTAINING TO THE COUNCIL. See discussion under MR-0032-2016. RECOMMENDATION: Consent Agenda. RES-0010-2016 TO PROVIDE FOR THE SUBMISSION TO THE ELECTORATE OF AMENDMENT TO THE GAHANNA CITY CHARTER PERTAINING TO ADMINISTRATIVE DEPARTMENTS. See discussion under MR-0032-2016. RECOMMENDATION: Consent Agenda. RES-0011-2016 TO PROVIDE FOR THE SUBMISSION TO THE ELECTORATE OF AMENDMENT TO THE GAHANNA CITY CHARTER PERTAINING TO ELECTED OFFICIALS. See discussion under MR-0032-2016. RECOMMENDATION: Consent Agenda. RES-0012-2016 TO PROVIDE FOR THE SUBMISSION TO THE ELECTORATE OF AMENDMENT TO THE GAHANNA CITY CHARTER PERTAINING TO City of Gahanna Page 2 Committee of the Whole Meeting Minutes June 13, 2016 PLANNING COMMISSION. See discussion under MR-0032-2016. RECOMMENDATION: Consent Agenda. RES-0013-2016 TO PROVIDE FOR THE SUBMISSION TO THE ELECTORATE OF AMENDMENT TO THE GAHANNA CITY CHARTER PERTAINING TO CIVIL SERVICE. See discussion under MR-0032-2016. RECOMMENDATION: Consent Agenda. RES-0014-2016 TO PROVIDE FOR THE SUBMISSION TO THE ELECTORATE OF AMENDMENT TO THE GAHANNA CITY CHARTER PERTAINING TO GENERAL PROVISIONS. See discussion under MR-0032-2016. RECOMMENDATION: Consent Agenda. PENDING ITEM FROM THE CITY ATTORNEY 1. Mutual Release ORD-0062-2016 TO AUTHORIZE THE MAYOR TO ENTER INTO A MUTUAL RELEASE OF ALL CLAIMS; TO APPROPRIATE FUNDS THEREFOR. Ewald said had input from a Council member; said we can provide a more historic detail into the legislation; Renner asked for it this week to be sent to Council; Ewald said can get that out; history will go in the whereas; McGregor said was expecting more of an explanation in Section 3; Ewald said we can do that. RECOMMENDATION: Introduction; back to Committee on 6/27/16. ITEM FROM THE DIRECTOR OF PARKS & RECREATION 1. Support Columbus Recreation & Parks - Clean Ohio Conservation Fund Grant RES-0005-2016 A RESOLUTION TO EXPRESS SUPPORT TO COLUMBUS RECREATION AND PARKS FOR ACQUISITION OF OPEN SPACE THROUGH THE CLEAN OHIO CONSERVATION FUND FOR THE PURCHASE OF .72 ACRES OF PROPERTY WITHIN THE CITY OF GAHANNA CORPORATE LIMITS. Euton said this is for the acquisition for the former Red and Sons City of Gahanna Page 3 Committee of the Whole Meeting Minutes June 13, 2016 Nursery; the City of Columbus recently received a grant for that land; there is a small portion in the City of Gahanna; the administers of the grant are requesting a Resolution of support from Gahanna; what they are doing is a great use of that space; we can make use of that property; they want to work with us and will allow joint use of the property; McGregor said it is wonderful; surprised the location is that large; Euton said some structures will be removed but will be mostly maintained; their conservation language would not prohibit us from having creek access; McGregor said there are several huge trees on that property; Euton said the map shown is a parcel map showing the location and the tip that is in Gahanna. RECOMMENDATION: Consent Agenda. ITEMS FROM THE DIRECTOR OF DEVELOPMENT 1. M/I Homes pre-annexation agreement for Darling Road ORD-0065-2016 TO AUTHORIZE THE MAYOR TO ENTER INTO A PRE-ANNEXATION AGREEMENT WITH M/I HOMES OF CENTRAL OHIO, LLC FOR THE FUTURE DEVELOPMENT OF A 62.3+/- ACRE PARCEL LOCATED ON DARLING ROAD SOUTH OF HANNAH FARMS SUBDIVISION. Jones said about a month ago we discussed policy on when we consider annexations for residential projects; we required additional revenue to be collected before we consider; we just approved a pre-annexation last week; have another annexation being presented to the City; have representatives here to answer any questions; MI Homes is the developer; a 62.8 acre site along Darling Road; proposing 94 single family residences; will require they become part of our New Community Authority; showed the location on the map; Hannah Farms is located just north of the property; adjacent zoning for Hannah Farms is SF-3; they feel single family is an appropriate use; approximately 1.5 units per acre; estimated value of the homes is around $450,000; have tried to minimize the access off Reynoldsburg-New-Albany Road; the developer has created a stub road to accommodate any future development; want to ensure there is sufficient access; the developer would have responsibility to work with Franklin County for road improvements; will have a long-term maintenance obligation; City will not be out any expenses; there are large portions of open space conserved; 5 acres buffer Hannah Farms; intent is to soften the impact; there will be a multi-purpose path connecting to Hannah Park; will be an emergency access only from Darling Road; with enough right-of-way that if Darling becomes a through-road it will be sufficient; Leeseberg asked if the City will City of Gahanna Page 4 Committee of the Whole Meeting Minutes June 13, 2016 control the right-of-way; Jones said yes; not part of the capital needs but will be collaborative with Franklin County; 13.3 acres will buffer the homes and allow plenty of open space; showed a rendering of the housing product type; estimated square feet is 2500-4000; did an extensive cost analysis; total annual cost will be approximately $94,405; street maintenance is calculated in; estimating 238 citizens will use the parks annually; Angelou asked about the schools; Jones said they have a net gain if the cost is over their threshold; they do not have a model that would show the age groups but expect .5 children added per home; Angelou asked about water; Jones said will be serviced by Jefferson Township; we do not have the means to expand there; will be water and sewer; our services are limited to streets, parks and police; McGregor asked about storm sewer; Jones said we would do stormwater maintenance; McGregor asked if township did water and sewer for Hannah Farms; Jones said yes; McGregor asked how Darling Road ends when it comes to this development; Jones said a full turn movement; would not be any traffic north of that; would possibly be a bike path there; Mayor Kneeland said this would go through the Planning Commission process; not set in stone; ending would be large enough to accommodate a fire truck; Angelou asked about the input from residents at Hannah Farms; Jones said some had concerns with the traffic but pleased with homes and the acreage; have been concerns about stub road; said this was to go to the Township, but did not, and is now with the City; some are very against it but some are fine with it; Angelou said had heard there were some issues with this; asked if some of these issues have been resolved reducing the number of homes to 94; Jones said the number is down to a number that is comparable; Leeseberg asked the average lot size with regards to road maintenance; Underhill said each home is above requirement of SF-3; roughly frontage is 80-90 ft. lots to anywhere from 125-170' deep; Leeseberg confirmed they would maintain the stormwater of the basins; Underhill said would be on HOA; all green spaces would be maintained unless at Gahanna's request; already started looking into green management of water onsite; Jones said we look at costs, compatibility of surrounding neighborhoods and the strategy; estimated with New Community Authority would generate 33K in revenue annually; offsets annual costs; pre-annexation agreement is similar to Shull Road annexation agreement; number of documents that need signed to move forward; have not decided to implement any tax increment financing; more complex for a project of this sort; have received feedback for green infrastructure; want less of an environmental impact on the City and the Township; goal was to install various infrastructure elements to reduce the need to process storm water drainage off site; our SF-3 requires them to donate acreage; they are conserving far more than our code requires; will get City of Gahanna Page 5 Committee of the Whole Meeting Minutes June 13, 2016 more into tree planting at the next step; agreement states that the developer will comply with tree planting; stormwater management plan will be approved in the final plat stage; developer and their attorney is here to answer any questions; Schnetzer asked about net revenue calculation; asked for more detail on how the projected annual revenue is calculated; Jones showed revenues and cost analysis for the project; building out over the years; based on the 7 mil; total annual school revenue is identified; is a static number; understands minor and major appreciation values; standard property tax was calculated along with other tax revenue; Schnetzer said he believes his question was answered; Schnetzer asked about the NCA charge; Jones said those are guaranteed to get; Leeseberg confirmed repairs are worked in already; Jones confirmed; Renner asked if the developer ; Zeppernick said we had this built in the DC division in March timeframe; is why you are seeing us increase our home value and reduce the homes in the area; wanted to step this down to a ranch product; have a project in Jefferson Township called Parkwood that is similar; likely to be closer to $500K; this is the base value; first floor master plan buyer; at this stage, if we go down this path, will have a less impact on schools because of type of buyer we are targeting; Schnetzer said this idea of pre-annexation is the option; asked if we have the ability with a pre-annexation agreement that would require a minimum amount of surface; not vinyl; Underhill said would commit to all natural elements; would not look to doing vinyl; will not see that; Schnetzer said he appreciates that; none of us know what will happen with the market; asked we can insulate ourselves as a City; would recommend we put a statement in; could put in a limitation text in the zoning stage; Schnetzer said when things are approved, they are approved; want to know what we are shown is what we get; Jones said we can modify the language; Schnetzer said would like to see it; Renner asked what language is in the agreement that says if we are not getting what we need, what the back-up is and if we can walk away; does this really launch the entire process for annexation; Underhill said we cannot circumvent the Charter or Code; need to go through the Planning Commission process; if they disapprove at any stage; we do not have a lawsuit against the City; cannot contract around the process or standards; this is viewed as a roadmap to work out the details; there will be some other things like the NCA that we are agreeing to; Ewald asked when Final Development Plan will be finalized; Zeppernick said by that stage, will be happy to share full sets of plans; not the type of developer to show you one thing and you will get something else; will all be documented; Underhill aid would like to get as far as we can with the City; hopeful to do that; Leeseberg asked if it is their intention to come into straight residential; Jones said Section 4 of the pre-annexation agreement, City of Gahanna Page 6 Committee of the Whole Meeting Minutes June 13, 2016 page 3; the City agrees to delay the acceptance of the annexation until zoning is accomplished; zoning process would begin after this pre-annexation agreement; would know exactly what we are getting at the time we are annexing; Underhill said hope is to be caught up with everything to present to Council; Jones said would be all or nothing at that time; Ewald asked if the preliminary plan will be sufficient to submit to Council; Underhill said yes; do not have a problem attaching elevations; will have a variety of home types but will show the flavor; will have something to enforce; Jones said that language would be prepared and reviewed prior to the annexation being voted on; limitation text, we would work on and clarify that we are meeting the needs; Renner confirmed restrictions come at a later step; Jones said would say it is required upon consideration after zoning; Mayor Kneeland said this has no meaning if we do not meet the next steps; Underhill said we do not want to tie everyone's hands; gives flexibility on the City's side; the zoning text will ultimately govern this; will straddle that line; can make that language as strong as you like; Jones said can require limitation text is part of the zoning; would require Planning Commission review; Underhill said we cannot vary from standards with limitation text, can only get strict; in this we cannot ask for variances; Renner said the stormwater management, our code has a lot of particulars in it; looking for something here; a statement of intent; what precisely are you planning to do with the green infrastructure; want to capture more of that; and capture it here; not familiar with this method; asked if we can do that; Underhill said the chicken before the egg; at a very early stage; how far do you go; Zeppernick said want to make sure it is a collaborative effort; willing to explore additional opportunities; want to make sure Council understands what they are committing to; Renner said our code is written very well; Jones said stormwater management plan must be agreed upon at final plat; if not satisfied, we would not be required to go forward with the annexation; Renner said understands but needs to see it; Jones confirmed the language needs to be more clear to accomplish that; Renner said will send his thoughts to Mr. Jones; McGregor recommends they save as many trees as possible; those trees are there because they are healthy and they grow; that is her wish; if there are larger trees, if those can be preserved; Zeppernick said smart developers are in line with that thought process; great trees sell homes; new homes need something that is 30-40 years old; Metzbower asked about the DC project; Zeppernick said demographics in DC are similar to that in Texas; moving to a field they had not looked at; empty-nester product types; this project is located on the Virginia side; have sales actually generating; have went through extensive market studies and sets of plans; Metzbower asked about confidence level with this market and this product type; Zeppernick City of Gahanna Page 7 Committee of the Whole Meeting Minutes June 13, 2016 said absolutely; thought this would be a perfect fit; constant pull of wanting green space and smaller lot space; hard to combine those; they typically sell 70 square foot lots; these homes are deeper; believes it will be a phenomenal project; Jones said will work on modification of language for zoning; will follow up with Mr. Renner on his thoughts to modify text on green infrastructure; can email any questions throughout this process; Jones said we recommend a first reading and amend by substitution; Renner said would like to postpone; Larick is not present; would like time to finish reading; all agreed to hold in committee. RECOMMENDATION: Held in Committee - due back 6/27/2016. 2. Tree Code ORD-0066-2016 TO ENACT CODE CHAPTER 914, TREE PRESERVATION, PLANTING AND REPLACEMENT, OF PART NINE, STREETS AND PUBLIC SERVICES CODE, OF THE CODIFIED ORDINANCES OF THE CITY OF GAHANNA. Blackford said has been three years since tree code was repealed (ORD-73-2013); reviewed old tree code; sites with less than 60% canopy coverage; in the Central Park area, there is an area that is 100% clear; previous code did not require tree canopy; looking for a more balanced approach with the new code; will look at buildings, parking, drive aisles, etc.; one tree inch would be required per 1,000 square acres; soften the environment; sites that preserve protected trees are awarded credits on an inch for inch basis; mature trees are much better at softening the environment; a landscape plan would be required for a final development plan; type and species of trees would be considered; example: a two-acre site being developed at 70% impervious is 60,984 square feet; 61 tree inches to be planted; typical nursery tree is planted; Leeseberg confirmed this is in addition to the street tree requirement; Blackford said for existing commercial will look at new impervious areas; would also apply to single family homes; 1/2 acre lot = 6 trees; a site that may need to be cleared, would have a tree removal permit; language prevents clear cutting; clearing of buckles tract may be necessary to market sites; do not want a site cleared and sat on for a long period of time; Schnetzer asked about 914.05(C); is there a fixed dollar amount; asked if we can have a stick number and not revisit this every 5 years; Blackford said absolutely; McGregor said a lot may not be 100%; should not have that option; Blackford said most zone districts would cap at 75%; one zone district that in theory could go to 100%, wouldn't be feasible without a slew of variances; that is our OCT district; allows for more impervious than we see on like Hamilton Road; tree code is one way to soften the City of Gahanna Page 8 Committee of the Whole Meeting Minutes June 13, 2016 environment; McGregor asked if we have to give them the out; Blackford said would require a variance and would require Planning Commission approval; cannot imagine why staff would ever support that; Leeseberg said there is a zoning district currently that does not allow the tree code to be applied; OCT; Jones said this was our first attempt at creating a tree code; wanted both of our intentions aligned; trees play a big role; new tree plantings on vacant lots are very important; Leeseberg said does not see any requirement of a tree survey; how do we handle tree survey requirements; Blackford said would be done in conjunction with final development plan for commercial project and landscape plan; said at one point in time a tree survey was required; would go before Planning Commission; discussed the language and it was a rare occasion; McGregor confirmed we do not have a tree code currently; asked about the Shops at Rocky Fork; would those tree plantings be adequate under this tree code; Blackford said can take a look at that; looked at some recently approved through Planning Commission but none that are actually built yet; Schnetzer said there are a lot more sections regarding current situation than this; asked if someone's goal was to keep the same amount of trees; would this code do that or prevent some reduction; Blackford said would permit some reduction; previous 914 language would deal with canopy; in theory, would not require the preservation of existing canopy; want to encourage that as much as possible; can look at some existing sites we have built and apply it to what the proposed code is; recently had a site with 55% impervious; varies with zoning classification; goal is to have plantings that when they reach maturity, provides softening of the landscape; shade trees have a larger canopy area than other types of trees; Leeseberg showed Ewald a cleanup recommendation for 914.07; Ewald said it can apply to residential; Jones said in final plats, not in existing. RECOMMENDATION: Introduction; back to Committee on 6/27/16. 3. TREX application - Paceline Partners LLC, dba MOD Pizza, 333 S. Hamilton Road MR-0031-2016 MOTION RESOLUTION THAT THIS COUNCIL HAS NO OBJECTION TO THE D1, TRANSFER EXEMPT PERMIT APPLICATION (TREX) FROM BRENTWOOD CARRYOUT INC TO PACELINE PARTNERS LLC, DBA MOD PIZZA, 333 S HAMILTON ROAD, GAHANNA, OHIO 43230. Jones said this is for an additional permit; currently under construction; requesting to serve wine on the premises; requesting Council approve they can apply for the permit. RECOMMENDATION: Consent Agenda. City of Gahanna Page 9 Committee of the Whole Meeting Minutes June 13, 2016 ITEM FROM THE CLERK OF COUNCIL 1. New Liquor Permit - Casa Hacienda Grill - D5I MR-0030-2016 MOTION RESOLUTION THAT THIS COUNCIL HAS NO OBJECTION TO THE NEW D5I LIQUOR PERMIT FOR CASA HACIENDA II INC DBA CASA HACIENDA GRILL, 1356 N HAMILTON ROAD, GAHANNA, OHIO 43230. Holbrook said this is a new liquor permit for Casa Hacienda; located near Stoneridge; a D5I permit to allow the sale of beer, wine and mixed beverages and off premises sale in original container until 2:30 a.m.; recently approved their TREX application; asking for Motion Resolution. RECOMMENDATION: Consent Agenda. ITEM FROM THE CITY ATTORNEY 1. Declaration of Intent & Deed - Junkermann Property ORD-0067-2016 DECLARATION OF INTENT TO SELL EXCESS LAND AND TO AUTHORIZE THE MAYOR TO EXECUTE THOSE DOCUMENTS REQUIRED FOR TRANSFER OF THE PROPERTY; AND TO DECLARE AN EMERGENCY. Ewald said this is in reference to recently adopted ORD-0053-2016; for the approval of all documents for the Junkermann property; need a declaration of intent for transfer of parcel; request is also to allow Mayor to execute the deed; would like to bring that next week to Council; Renner asked when that should go to Council; Ewald said by this week; said would like the declaration of intent on the deed so it is passed as one. RECOMMENDATION: Ewald will get documents to Council this week. DISCUSSION ITEM 1. 4301.80-Community Entertainment District(Licenses); 4303.181(J) of ORC D5-J-Licenses; 4301.82-Designated Outdoor Refreshment Areas(Open Container) Discussion postponed to next Committee Meeting. City of Gahanna Page 10 Committee of the Whole Meeting Minutes June 13, 2016 DISCUSSION ITEM FROM THE CITY ADMINISTRATOR & DIRECTOR OF FINANCE 1. Capital Needs Assessments 2016-0214 Teal said we are trying something new; when discussing page number, talking about number in the PDF; this is the 5th go-around with the Capital Needs Assessment (CNA); we have certainly evolved the process; it identifies all of the improvements, projects and programs as being identified as appropriate; the totals for the needs are staggering compared to the resources; this is the first step in meaningful conversations in our long-term needs; this years CNA is different as Council is receiving these very early on; thanked staff for their time getting this together; we have the strategic plan, we can start to look at projects; going to give a brief overview of the document; propose that for the rest of June and July we keep this as an open discussion item on the agenda; reach out if you need information gathered prior to the meeting; document is organized slightly different; page 3 provides visuals that show linkage with various strategic planning items; will see these links frequently; also created icons for the economic development strategy; have maintained the ranking system that we have had in the past; on-going projects and one-time projects are also identified; those one-time projects are divided into priority 1, 2, and 3; one being the most important and stating we cannot go on without; priority three is for projects that could be delayed; page 5 - a listing of projects that are new; projects that pertain to sustainable operating model, are the som projects and are at the beginning; in general government section, is all other projects; do not happen to be affiliated with GoForward Gahanna or the sustainable operating model; page 79 - spreadsheet that outlines the proprietary fund projects; many of those have components that have a general government piece as well; there is a lot in the document; can field general questions and discuss what committees will look like in the future; Schnetzer said it looks good; page 5, confirmed all new projects are governmental; Teal confirmed; if Council would provide advanced notice to prepare items and conversations for future meetings. ADJOURNMENT 8:44 p.m. Kayla Holbrook, Reporting City of Gahanna Page 11 Committee of the Whole Meeting Minutes June 13, 2016 City of Gahanna Page 12