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, August 22, 2016 7:00 PM Council Committee Rooms CALL TO ORDER Chair Larick called the meeting to order at 7:00 p.m. ADDITIONAL ATTENDEES: Kimberly Banning, Acting Deputy Chief Jeff Spence, Rob Priestas, Dottie Franey, Anthony Jones, Joann Bury, Mayor Tom Kneeland, Jennifer Teal, Jimmy Bell, Residents, Press. Note: ORD-0089-2016 was discussed first on the agenda. Present 7 - Stephen A. Renner, Brian Metzbower, Brian D. Larick, Nancy R. McGregor, Karen J. Angelou, Michael Schnetzer, and Jamie Leeseberg UPDATES FROM THE FIRE DEPARTMENTS 1. Mifflin Township Fire Department Chief Kauser was not present. 2. Jefferson Township Fire Department Chief Shull was not present. PENDING LEGISLATION - City Attorney 1. ORD-0082-2016 SUPPLEMENTAL APPROPRIATION - Counsel-Special and Counsel-Labor Ewald said this follows up with previous communications; reference expenses incurred; asking for reimbursement to the accounts. RECOMMENDATION: Consent Agenda ITEM FROM COUNCIL PRESIDENT RENNER City of Gahanna Page 1 Committee of the Whole Meeting Minutes August 22, 2016 1. Housing of Animals - Discussion Item ORD-0085-2016 DRAFT ONLY - 505.08 - HOUSING OF ANIMALS. Renner said is legislation being brought forward from constituents; specifically to be allowed backyard chickens; proposed legislation is up to 3 for 1/2 an acre; asked Ewald to update the code in appropriate places; as discussed, want an annual permit process, not just a one-time; that change has been added; also to address immunization concerns; have to show your chicks have been immunized; ask that this be taken to Planning Commission for their comments; McGregor asked about the immunization to salmonella; only done once; Renner said yes, only once in synchronization; McGregor said good idea; asked if there is a fee with the permit; Renner said will look at the fee structure; want to get Planning Commission to look at this; not a proposal with the current; we are looking at a draft; McGregor asked if this could be placed in an easement; Renner said good question, asked Ewald; Ewald said it would have to be movable; no difference than a structured fence; McGregor asked if it has to be in a rear yard; some have a side yard; Ewald said would likely be in 1100 and would look at set-backs; McGregor asked about wood fence and being so tall; could be an evergreen screening; Ewald said that could go to Planning; needs to have screening from the neighbors; privacy, of 6 foot; McGregor said it says no variances; Ewald said that would be up for Planning Commission; McGregor said would interfere with normal enjoyment (quote from code 1170.07(C)), under permits, under conditions; Ewald said that is general for nuisance; that is under 505; it captures that you can keep these but you can't interfere with the neighbors’ enjoyment; will note and make sure Planning looks at that; Schnetzer said 1170.05(b), the “or”, does that permit chickens to run around outside of the coop; Ewald said yes; have to have a barrier of some form; Schnetzer asked if a standard privacy fence would meet that; Ewald said as long as they cannot get through the fence; will notate for Planning to look at; Schnetzer said 1170.04(b), number of chickens you can have, if you have half an acre or more, can have up to 5; seems inconsistent with another section; do the chickens count as the number of animals; 4 dogs plus 5 chickens, so up to 9; Ewald said they would count, were going under Chapter 11, allowing up to 5; will make sure it is compliant with code; will address this; Angelou said so it is 5 total; Ewald confirmed; they would count toward the 5; Schnetzer asked if this is to go to Planning for their review; Renner confirmed; Schnetzer said Chapter 5 says yes or no to permitting chickens; Chapter 11 gives the details of the requirements; the updates from Franklin County Water and Soil; regularly make City of Gahanna Page 2 Committee of the Whole Meeting Minutes August 22, 2016 comments on animal waste runoff; may be good to get their input; Larick said development standards, reads structure or outdoor areas used; requires a 10' setback; confirmed they need a confined run; Ewald confirmed; Leeseberg asked what animals are we talking about with this 5; Ewald said domesticated; is defined in Chapter 11; Angelou said 505.08(a), asked where we look in Planning code to see no goats, no horses, etc; Ewald said the way the code is today, it says the Planning and Zoning code will take care of it; there are two zoning classifications (ER-1 and ER-2) that allow "farm animals"; both are at least one acre; can request a conditional use; Angelou asked if this occurs anywhere in the City; Ewald said per Gard, no; no previous conditional uses for this request; there are a lot of ER-1 and ER-2 classifications; surprised there is no one with a conditional use; Angelou asked if this can be sent to a certain place in the code to find this; Ewald said the project we are working on is rewriting the entire code section; will redefine those; Angelou said it is cumbersome; Leeseberg asked who is currently in charge of following these regulations; Ewald said it is combination of police and zoning enforcement; Leeseberg asked if we are concerned with permitting against HOA allowances; concerned about the enforcement of these things; Mayor Kneeland said we look at our workload; if workload goes up, will deal with adding bodies; supply and demand; we are barely keeping up right now, without being proactive; Leeseberg said with annual inspections and permits, there is that to consider; Mayor Kneeland said hoped the cost for the inspections could be farmed out; Angelou asked if we know the areas that have deed restrictions as well as the Homeowners Associations; if we do not know, can we find; Ewald said we have sporadically come across those; would be a self-report system; would not issue a permit if there are deed restrictions; would not be a part of the permitting process; would be expensive; if you apply for a fence permit today, you agree that you have surveyed the property; we can revoke the permit if we find out otherwise; would require they present the information when applying; Angelou said could put that warning on the application; Ewald said would be a standard form; they would check a box and sign off stating they do not have restrictions; Schnetzer asked if we could ask for a copy of the deed; Ewald said we could; typically the restrictions are in a single filing with the county; would cover any house in that area; Schnetzer asked in the absence of restrictions; is there any documentation with the County; Ewald said could put that on the form; if there are no deed restrictions, they would indicate that; if there are but not about chickens, they would document that; Schnetzer said does not know if they are permitted in his neighborhood, if he checked no, the City would issue a permit; Ewald confirmed; can require submission of documents; Resident Jeannie Hoffman asked if that City of Gahanna Page 3 Committee of the Whole Meeting Minutes August 22, 2016 would be for all permits; if you do not have an HOA, is not enforced; Ewald said can only speak to this process; Larick said that would be a different question for a separate topic; Ewald said if we are aware of a deed restriction, we would not want to issue the permit; Renner said the deed restrictions, if it is in there, if a neighbor contests it, you do not need an HOA; Ewald said a neighbor would need to litigate it; Leeseberg said if someone lies and gets a permit issued, but a neighbor calls it out, how do we handle; Ewald said could send in an off-site title company; could start a database here; Larick would like to note the items of concern to provide for Planning for their review; Angelou asked if this needs to be voted on to go to Planning; Ewald said, no formal action required; would come back to Council; they will look at Chapter 5 for conflicts but not make any formal recommendations; Ewald asked if Council is comfortable sending to Planning Commission; Renner said wanted a consensus to move this to Planning; Banning asked Renner if the 28th of September was ok; Renner suggested a workshop; would work with her. RECOMMENDATION: send to Planning Commission for review ITEM FROM THE CLERK OF COUNCIL 1. Malcolm Glasgow - Community Reinvestment Area Housing Council (CRAHC) Board Re-Appointment MR-0040-2016 TO RE-APPOINT MALCOLM GLASGOW TO THE COMMUNITY REINVESTMENT AREA HOUSING COUNCIL (CRAHC) BOARD FOR THE REMAINDER OF A THREE-YEAR TERM EXPIRING JUNE 30, 2018. Banning said this is for a reappointment; said Mr. Glasgow has volunteered to serve another three-year term. RECOMMENDATION: Consent Agenda ITEM FROM THE CITY ENGINEER 1. Strategic Result 2.3 West Side Intersection Alternatives Analysis – Enter into Contract with Carpenter Marty ORD-0086-2016 TO AUTHORIZE THE MAYOR TO ENTER INTO CONTRACT WITH CARPENTER MARTY TO PERFORM A WEST SIDE INTERSECTION ALTERNATIVE ANALYSIS. Priestas said this is to enter into contract; is part of the GoForward Gahanna Strategic Plan; goal is by 2021 that Gahanna residents and visitors travel through the intersection at Stygler and Agler easier; one City of Gahanna Page 4 Committee of the Whole Meeting Minutes August 22, 2016 possible alternative was presented in the Economic Development Plan; a Committee was formed and one recommendation was to look at more alternatives; Angelou said was on the Committee; was concerned that there were other alternatives; happy to see this moving forward. RECOMMENDATION: Consent Agenda ITEMS FROM THE DIRECTOR OF DEVELOPMENT 1. Community Urban Redevelopment Corporation (CURC) Property Transfer (Lot #31 – 1123 Claycraft Road) ORD-0087-2016 TO AUTHORIZE THE RELEASE OF A MASTER LEASE AGREEMENT AND A CITY LEASE AGREEMENT BETWEEN THE COMMUNITY URBAN REDEVELOPMENT CORPORATION (CURC) AND THE CITY OF GAHANNA; AND TO AUTHORIZE THE MAYOR TO SIGN A GENERAL WARRANTY DEED TO TRANSFER PROPERTY KNOWN AS 1123 CLAYCRAFT ROAD (LOT 31 OF THE TIZ) TO EMERALD LIGHT INVESTMENTS, LTD. Jones said this is the last of the TIZ properties, as known; in 1984 Council purchased several acres and leased to businesses for 30 year terms; would then be transferred over to the business; this is lot #31; property business operating out of there is Donatos; is a vacant piece of land; the Community Urban Redevelopment Corporation (CURC) Board passes a motion to release two separate leases; first is the master lease, then the City lease; Angelou confirmed none of them will exist after this. RECOMMENDATION: Consent Agenda 2. Approval of Tax Incentive Review Council (TIRC) Recommendations ORD-0088-2016 TO APPROVE THE RECOMMENDATIONS OF THE TAX INCENTIVE REVIEW COUNCIL (TIRC). Jones said they are required to meet with the City; reviewed all properties; currently 13 residential and 66 commercial; companies that are receiving a tax-abatement are out-performing; request is to pass the recommendation, which is no action at this time. RECOMMENDATION: Consent Agenda 3. CRA Tax Abatement for Chippewa Building LLC, 2.957 Acre Vacant Lot on Taylor Road (Parcel #025-013633) ORD-0089-2016 TO AUTHORIZE AN AGREEMENT WITH CHIPPEWA BUILDING, City of Gahanna Page 5 Committee of the Whole Meeting Minutes August 22, 2016 LLC, FOR COMMUNITY REINVESTMENT AREA (CRA) #3 TAX ABATEMENT FOR A 2.957+/- ACRE VACANT LOT ON TAYLOR ROAD, PARCEL ID NO. 025-013633; PART OF COMMUNITY REINVESTMENT AREA #3. Anthony said Jimmy Bell is here tonight, is the CEO of Bell Equipment; said they wanted a longer term solution for space in Gahanna; connected with developers and property owners; set to construct a large facility for their operations; they distribute and maintain recycling equipment; amount is 50% for ten years; will generate $270,000 in tax savings; will generate $508,659 in TIF from the project; is a great project for the City; will build new in Central Park; will vacate 10,000 square feet of flex space off Science Boulevard; in line with the GoForward Gahanna strategy for targeting job creation; turned it over to Mr. Bell; Bell thanked the Council for their time; their lease was coming to an end when they met with the Mayor and Mr. Jones; formed a separate business, Chippewa; why Gahanna?; serve all of Ohio; had to get a use variance for another building; very happy in Gahanna; their competitor is located in Columbus; this is a convenient, nice place to conduct business; incentive the City put forward was very attractive; McGregor asked if the vehicles are maintained onsite; Bell confirmed; Larick asked how long they have been in Gahanna; Bell said 5 years; sees hitting 1.9 in building; Larick asked if any other municipalities are participating in this; Jones confirmed; Angelou asked if planning to expand; Bell said they are at 8 right now; as they grow, plan is to add more headcount; plan is growth; the parcel is just under 3 acres; is not all usable; can continue to add to the building to use almost 2 of the 3 acres; Larick asked if they would maintain exclusive use of the building; Bell confirmed; Metzbower asked if 8 is in addition to existing employees; Bell said no that is the current amount. RECOMMENDATION: Consent Agenda DEPARTMENT REPORTS - for information only, no action required. 2016-0264 ADJOURNMENT 7:44 p.m. Kayla Holbrook, Reporting City of Gahanna Page 6