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Ordinance 07-21         To: Members of Dublin City Council From: Dana L. McDaniel, City Manager Date: February 20, 2021 Initiated By: Jennifer D. Readler, Law Director Re: Ordinance 07-21 - Township Boundary Adjustment (Peter L. Coratola, Jr.) Background The City of Dublin ("City") approved, via Ordinance 01-21, the annexation of approximately 4.998 acres of land from Jerome Township located at 7411 Brock Road (the "Annexed Territory"). This annexation was initiated under the regular annexation procedures by Laura Comek, agent/attorney for Mr. Peter Coratola, Jr. ("Petitioner"). The Board of County Commissioners of Union County approved this annexation on October 8, 2020. To ensure that fire coverage remains uniform within the City, the Washington Township Fire Department is willing to provide fire services to the Annexed Territory once it is removed from Jerome Township. As Washington Township has fully staffed and equipped fire stations and is best stationed to provide emergency services, this arrangement is beneficial to all parties. Boundary Adjustment Petition Ordinance 07-21 would authorize the City Law Director to petition the Board of County Commissioners of Union County to adjust township boundaries in Union County such that the Annexed Territory would be removed from Jerome Township, and placed in Washington Township. R.C. 503.07, as well as State, ex rel. City of Dublin v. Delaware County Board of Commissioners, 62 Ohio St.3d 55, 577 N.E.2d 1088 (1991), provides the City with the authority to file the petition, and the Union County Commissioners to approve the petition. Recommendation The Law Department recommends approval of Ordinance No. 07-21 at the March 22, 2021 meeting. Office of the City Manager 5555 Perimeter Drive • Dublin, OH 43017-1090 Phone: 614-410-4400 • Fax: 614-410-4490 Memo To: Members of Dublin City Council From: Dana L. McDaniel, City Manager Date: January 25, 2021 Initiated By: Paul Hammersmith, P.E., Director of Engineering/City Engineer Re: Ordinance 01-21 - Accepting the Annexation of 4.998 Acres, More or Less, from Jerome Township, Union County (Petitioner: Peter L. Coratola, Jr.) Follow Up At the August 24, 2020 Council meeting, when Council considered Resolution 45-20 adopting a statement of services resolution for the annexation of the Property, Mr. Coratola requested a waiver of the annexation application fee. Staff recommended denial of the fee waiver request. While Council approved the statement of services resolution, the fee waiver request was tabled. During the discussion, Council members expressed interest in reviewing a fee waiver policy. Council referred this topic to the Community Development Committee for further discussion and recommendation on the requested fee waiver. The Community Development Committee met on January 20, 2021 to discuss these matters. The Community Development Committee determined that the annexation fee waiver policy should take into account public property, islands of property lying within a township surrounded by the Dublin corporate limits, hardship and economic development. It is the burden of the property owner seeking the waiver to prove how their request is justified and fits within these waiver categories. Fundamentally, waivers can be considered when: • Public property, such as City-owned or Township-owned property, is being annexed; • An island of property lying within a township that is surrounded by property within the Dublin corporate limits is being annexed; • Hardship conditions (such as financial or a failed system as determined by Franklin County Public Health) are present; • The property to be annexed is part of an economic development project. In applying these factors to the annexation fee waiver request from Mr. Coratola, the Committee felt that the request did not meet any of the factors enumerated above. As such, the Committee recommended denial of the fee waiver request, although they expressed much appreciation for the impact of Mr. Coratola’s business contributions to the City. Staff is happy to make any revisions to the proposed policy update as suggested by either Committee members or Council as a whole. Office of the City Manager 5555 Perimeter Drive • Dublin, OH 43017-1090 Phone: 614-410-4400 • Fax: 614-410-4490 Memo January 25, 2021 Page 2 of 2 Recommendations • Annexation Ordinance Acceptance This Property is within the proposed annexation areas of the Community Plan and is located in the exclusive Dublin Service Area as defined in the water and sewer agreements with the City of Columbus. Staff therefore recommends approval of Ordinance 01-21. • Annexation Fee Waiver Policy The Community Development Committee recommends acceptance of their recommendation of approval of an update to the annexation fee waiver policy that allows Council consideration of waiver requests when:  Public property, such as City-owned or Township-owned property, is being annexed;  An island of property lying within a township that is surrounded by property within the Dublin corporate limits is being annexed;  Hardship conditions are present;  The property to be annexed is part of an economic development project. It is the burden of the property owner seeking the waiver to prove how their request is justified and fits within these waiver categories. • Peter Coratola Annexation Fee Waiver Request The Community Development Committee recommends acceptance of their recommendation to deny Mr. Coratola’s annexation fee waiver request. To: Members of Dublin City Council From: Dana L. McDaniel, City Manager Date: January 12, 2021 Initiated By: Paul Hammersmith, P.E., Director of Engineering/City Engineer Re: Ordinance 01-21 - Accepting the Annexation of 4.998 Acres, More or Less, from Jerome Township, Union County (Petitioner: Peter L. Coratola, Jr.) Background Laura MacGregor Comek, Attorney/Agent for Petitioner, Peter L. Coratola, Jr., filed an annexation petition with the Union County Commissioners on July 27, 2020 for the property located at 7411 Brock Road. The petition is for 4.998 acres, more or less (“the Property”). The petition was filed pursuant to O.R.C. 709.02, as a “regular/majority owner” annexation. Under this process the City must first, at least 20 days prior to the annexation hearing, adopt an ordinance or resolution relating to municipal services. City Council passed Resolution No. 45-20, which was prepared for this purpose, on August 24, 2020. The Union County Commissioners granted the annexation on October 8, 2020, finding that all the Ohio Revised Code requirements were met, including the criteria in R.C. 709.03. Provided City Council accepts the annexation, the Law Department intends to file a boundary adjustment petition with the Union County Commissioners in order to transfer the property from Jerome Township to Washington Township to ensure uniform fire service. Fee Waiver Request At the August 24, 2020 Council meeting, when Council considered Resolution 45-20 adopting a statement of services resolution for the annexation of the Property, Mr. Coratola requested a waiver of the annexation application fee. Staff recommended denial of the fee waiver request. While Council approved the statement of services resolution, the fee waiver request was tabled. During the discussion, Council members expressed interest in developing a fee waiver policy. Council referred this topic to the Community Development Committee for further discussion and recommendation on the requested fee waiver. The Community Development Committee has scheduled a meeting to discuss the fee waiver on January 20, 2021 at 5:00 p.m. Staff will provide Council with a summary of the Committee’s recommendation at second reading. Recommendation This Property is within the proposed annexation areas of the Community Plan and is located in the exclusive Dublin Service Area as defined in the water and sewer agreements with the City of Columbus. Staff therefore recommends approval of Ordinance 01-21. Office of the City Manager 5555 Perimeter Drive • Dublin, OH 43017-1090 Phone: 614-410-4400 • Fax: 614-410-4490 Memo