PICKERINGTON CITY COUNCIL
MONDAY,
MAY 23, 2005
CITY HALL, 100 LOCKVILLE ROAD
COUNCIL
WORK SESSION AGENDA
6:30
P.M.
1. ROLL CALL. Mayor Shaver called the work session to order at 6:30 P.M., with Mrs. Riggs, Mr. O’Brien, Mr. Hackworth, Mr. Parker, Mr. Sabatino, and Mr. Wisniewski present. Mr. Wright arrived at 6:50 P.M. No members were absent. Others present were: Judy Gilleland, Lynda Yartin, Linda Fersch, Steve Carr, Chief Taylor, John Hilliard, Jack Sower, Gary Weltlich, Mackenzie Fry, Mark White, Dr. Theide, and others.
2. Review and discussion regarding Impact Fee Analysis. Mayor Shaver stated Mr. Mark White, an attorney and City Planner from Kansas City, MO, was present this evening. He stated Mr. White will be involved in the drafting of legislation and Mr. White has done impact fee analyses and impact fee implementation studies, as well as, having drafted ordinances for municipalities throughout the country. Mayor Shaver stated further Mr. White has been involved in the implementation of impact of the impact fee ordinance in Delaware, Ohio. Mayor Shaver stated Mr. White would give a presentation on impact fees and answer any questions Council members may have.
Mr. White stated he would first give a background on impact fees, what they are and what they are not, the role they play in overall facility financing, and what the next steps are here. He stated he was not present to advocate for or against impact fees. He stated the City has already had an analysis done and now is looking for the next steps. Mr. White stated right now he is preparing an impact fee ordinance that will be before Council shortly.
Mr. White provided a presentation that is Attachment 1 to these minutes.
Mr. White stated with regard to school impact fees, the City has asked him to address this issue. Mr. White stated there is no specific Ohio case law, and because this is a home rule state, there is no specific statute. He stated basically, the rule in Ohio is cities can do anything they want unless there is a statute that that says they can’t or a statute that preempts it. School districts are the opposite, they can’t do anything unless there is a statute that says you can. He stated if you were going to do impact fees in the City you would have to marry your two powers. What the school district does not do is issue land use permits. They do not issue building permits or subdivision plats. They have no jurisdiction in terms of that. What the City does is issue land use permits. The City does not provide school facilities. So, what you would have to do if you were to implement school impact fees is to marry those two powers. He stated the important thing is that once you have demonstrated that the amount of cost that you incur as a result of the development, you have to benefit new development once they pay those fees. He stated there would have to be a cooperative agreement where the City agrees to collect impact fees from new building permits or certificates of occupancy, they would remit those fees to the school district, and the school district would in turn earmark those fees to the local capital improvements fund that is required by statute. It does not mean that the city takes over the function of providing facilities.
Mr. Hackworth stated if impact fees can be used only to benefit new development in the City, if the city collected impact fees for the school, could those funds be used only to directly benefit school facilities in the City. Mr. White stated since the school district boundaries do not necessarily coincide with the City’s boundaries, that is one of the details that would have to be worked out in the agreement with the schools. Mr. Sabatino stated if the City did want to do something with impact fees for the schools, would that have to be implemented district wide, in the township as well, or could it be done just in the City. Mr. White stated he felt it would have to be done district wide. Mr. Wright stated since there appears to be some way of doing an agreement between the school district and the City, is there something that would allow an area-wide, with the township, schools, and city, somehow coordinating all of this together, since the township is now limited home rule. Mr. White stated this township stated since they have limited home rule, this township could arguably collect impact fees. He stated he would envision an agreement between the school district, the township, and the city. Mr. Wright inquired if that agreement would have to be with all of the entities that are in the school district, because there are entities other than the city and the township. Mr. White stated the school would have to determine if the funds could be segregated to those areas where the impact fees are collected.
Mr. Parker stated several years ago we discussed the possibility of a community authority and would be applied only to residential and not commercial. Mr. Parker stated with this plan it would affect both residential and commercial. He stated he would like to know if there have been any studies that have shown the comparison between a community authority versus impact fees. Mr. Parker stated he felt it was Council’s job to determine which of these two would be the best way to go. Mr. Parker further stated if impact fees did not necessarily increase the cost of housing because it was taken off at the selling price between the landowner and the developer. He stated in essence that would mean the developer would reduce the value of the land and the cost would be taken from the landowner. Mr. Parker stated he did not see why you would want to do that to your local residents. Mr. Sabatino clarified that commercial development could be exempted from impact fees. Mayor Shaver stated, however, you still have to build the facilities. Mayor Shaver stated you can have individual waivers so specific types of businesses could be waived. Mr. Sabatino stated if we were successful in putting together some type of agreement with the township and the schools, the commercial would not be creating an impact on the schools. Mayor Shaver stated currently the ordinance that would be coming before Council does not have anything to do with the schools.
Mr. Hackworth stated the fire department that provides service to the City is in Violet Township. He questioned if that would require an agreement with the Township such as one that would be required with the schools. Mr. White stated that would be the same principle as the schools.
3. ADJOURNMENT: There being nothing further, Mayor Shaver closed the work session at 7:30 P.M., May 23, 2005.
RESPECTFULLY SUBMITTED:
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ATTEST:
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