HomeMy WebLinkAbout09/03/2002
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RECORD OF PROCEEDINGS
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DAYTON LEGAL BLANK CO., FORM NO 10148
Helr] September 3,2002 19
I
Mayor McCash called the Dublin City Council meeting of September 3,2002 to order at 7:00
p.m.
Mr. Kranstuber led the Pledge of Allegiance.
~- Roll Call
I Council members present were: Mayor McCash, Ms. Chinnici-Zuercher, Mr. Kranstuber, Mr.
I
, Lecklider, and Ms. Salay. Mrs. Boring arrived at 7: 10 p.m. Mr. Reiner was absent (excused).
Staff members present were: Ms. Brautigaum, Ms. Grigsby, Mr. Ciarochi, Mr. Smith, Mr.
McDaniel, Mr. Harding, Ms. Clarke, Mr. Hahn, Ms. Crandall, Ms. Puskarcik, and Ms. Hoyle.
Approval of Minutes of August 12 and August 19.2002 Regular Meetings
Ms. Chinnici-Zuercher moved approval.
Mr. Lecklider seconded the motion.
Vote on the motion: Mayor McCash, yes; Ms. Chinnici-Zuercher, yes; Mr. Kranstuber, yes;
Ms. Salay, yes; Mr. Lecklider, yes.
Correspondence
The Clerk reported that a Notice to Legislative Authority was sent regarding a corporate transfer
ofliquor permits for Dana's Expresso in Old Dublin.
There was no objection to the issuance ofthese permits.
Citizen Comments
Paul DeVore. Washington Township Fire Department provided details to Council on the
Memorial Event planned for Wednesday, September 11 from 8 - 9 p.m. by the township and the
school district. This is a community event to be held at the Dublin Coffman High School
- stadium, and will feature crossed ladders at the entryway, the ringing of the last alarm, playing
of bagpipes with procession, and presentation to the community of the portion of steel obtained
from the World Trade Center. It will be fashioned into a permanent memorial at Station 93 at
Brand/Muirfield. They have received great cooperation from the City, the Schools, and the
Chamber to stage this memorial event. Mayor McCash and Washington Township Board of
Trustees President Reiss have been invited to make comments. He invited Council members to
attend, along with their families. The goal is to bring the community together, with a theme of
"Rise Up America."
Mr. DeVore advised people to come early, as parking will be available at the school lots and the
City lots. Over 12,000 invitations were sent home with school children.
LEGISLATION
1. Second Reading/Public Hearing of Ordinance 112-02
Amending Chapter 115 of the Dublin Codified Ordinances Regulating Peddlers and
Solicitors.
Mayor McCash moved to postpone this item until the October 7 Council meeting, based upon
the staff recommendation.
Mr. Kranstuber seconded the motion.
Vote on the motion: Ms. Salay, yes; Mrs. Boring, yes; Mr. Lecklider, yes; Mr. Kranstuber, yes;
Ms. Chinnici-Zuercher, yes; Mayor McCash, yes.
2. Second Reading/Public Hearing of Ordinance 113-02
Adopting the 2003-2007 Five-Year Capital Improvements Program.
~ Ms. Brautigam stated that Council has reviewed the program in the August workshops, and the
changes have been incorporated into the document.
Vote on the Ordinance: Mr. Lecklider, yes; Mayor McCash, yes; Ms. Salay, yes; Ms. Chinnici-
Zuercher, yes; Mr. Kranstuber, yes; Mrs. Boring, yes.
3. Introduction/First Reading of Ordinance 121-02
Accepting the Lowest and Best Bid for the Balgriffin and Sandy Corners Park
Development Proj ect.
Ms. Salay introduced the ordinance.
Mrs. Boring asked if this is the first time the City has used this contractor.
Mr. Hahn responded that the City recently engaged them for another project which is not yet
underway. They have checked references on park development projects around the area, and
have been satisfied with the responses.
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RECORD OF PROCEEDINGS
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DAYrON LEGAL BLANK CO.. FORM NO 10148
Helr] September 3, 2002
19
Mrs. Boring asked that staff make some onsite visits to check on their work standards.
Mr. Lecklider asked for clarification of Bid Alternate #1.
Mr. Hahn responded that the base bid included the standard mulch surfacing. An alternate for
- rubberized surface was then included. However, given the premium cost for the alternate, he
does not recommend it for this project.
Mayor McCash asked if emergency action will be requested on September 16.
Mr. Hahn verified that emergency action will be requested at that time.
Ms. Salay asked if lots 14 and 43 of Sandy Comers are aware that the bikepaths will run next to
their homes. It would have been noted on the plat when they purchased their homes.
Mr. Hahn stated that he is not certain if there has been special notice about this plan to those
specific lot owners, but he is personally aware that the owner of lot 14 was contacted for all of
the public input sessions and no feedback was received.
Ms. Salay asked for verification that there is no parking on the north side of Woerner-Temple.
Mr. Hahn verified this. He added that there is no off street parking anywhere in the vicinity.
There is designated on street parking along Nom Street.
Mr. Lecklider asked about the width of the bikepaths.
Mr. Hahn verified that they are 8 feet in width.
Mr. Lecklider asked why they were not installed in the early stages of the development.
Mr. Hahn responded that when a path is installed in a narrow easement between two houses, it is
installed at the time of street construction before the lots are sold. However, in the case of park
development, because the layout of the components is not determined until the design is
- complete, it is not possible to install the paths until later.
There will be a second reading/public hearing at the September 16 meeting.
4. IntroductionlFirst Reading of Ordinance 122-02
Designating Financial Institutions as Public Depositories.
Mr. Lecklider introduced the ordinance.
Ms. Brautigam stated that this is typical legislation to designate the City's public depositories
for a five-year period of time.
A second reading/public hearing will be held at the September 16 Council meeting.
5. Introduction/Public Hearing of Resolution 35-02
Appropriating a 0.008 Acre, More or Less, Temporary Construction Easement, from
David R. and Marlene M. Simmerman, Located South of Rings Road, City of Dublin,
County of Franklin, State of Ohio.
Ms. Brautigam requested that Council not introduce this resolution. The property owner signed
an agreement with the City earlier today, and the resolution is not necessary.
The resolution was withdrawn.
6. Introduction/Public Hearing of Resolution 36-02
Designating the City Manager as the City's Official Representative and Authorizing the
City to File a Grant Application with the Nationwide Foundation to Fund a Dublin
Youth Volunteer Corps Program for Summer, 2003.
Ms. Salay introduced the resolution.
- Ms. Brautigam stated that the City's Volunteer Coordinator has an ambitious program planned
for the youth volunteer corps, and funding is being sought from Nationwide.
Ms. Chinnici-Zuercher noted that her understanding is that the grant deadline was last Friday.
Ms. Brautigam responded that the resolution is effective upon passage, and staff has made
arrangements to have this portion of the application accepted after the deadline.
Ms. Chinnici-Zuercher asked about the narrative where it references a $1.33 figure per volunteer
hour. This is quite different from the national figure generally used.
Ms. Brautigam responded that 1,500 hours was divided into the total cost of the program of
$6,000, allocating $4,000 to Nationwide and $2,000 to the City and the $2,000 was divided by
1,500 hours for a volunteer cost to the City of$1.33 per hour.
Vote on the Resolution: Mrs. Boring, yes; Mr. Kranstuber, yes; Ms. Chinnici-Zuercher, yes;
Mayor McCash, yes; Mr. Lecklider, yes; Ms. Salay, yes.
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DAYTON LEGAL BLANK CO.. FORM NO 10148
HeIr] September 3, 2002 19
OTHER BUSINESS
7. Selection of Council Representative for Community Pool Design Review Team
Ms. Brautigam reported that the design review team is now prepared to begin working and
-. Council had indicated their desire to have representation on the design team.
Ms. Salay volunteered to serve in this capacity.
Mr. Kranstuber stated that he discussed this with Ms. Salay. The pool is in her ward and
therefore it is appropriate for her to serve as the representative. He is willing to serve as an
alternate if she is not available for a particular meeting.
Mayor McCash moved to appoint Ms. Salay as Council representative to the pool design team.
Mr. Lecklider seconded the motion.
Vote on the motion: Mr. Lecklider, yes; Mayor McCash, yes; Mr. Kranstuber, yes; Ms.
Chinnici-Zuercher, yes; Mrs. Boring, yes; Ms. Salay, yes.
STAFF COMMENTS
Ms. Brautigam noted that there are some scheduling matters to be addressed.
1. First, recent discussion took place regarding the need for an executive session for land
acquisition in the form of a Special Meeting. The target date identified is Monday,
October 14. She asked that staff check their calendars. This is Columbus Day, but is
not observed as a City holiday.
It was the consensus of Council to schedule the Special Meeting for Monday, October 14 at 7
p.m. in Council Chambers.
2. The budget workshop sessions were previously scheduled for November 6, 13 and 20.
However, a Council Member has a conflict with those dates. Staff is proposing
alternate dates which will still allow budget preparation for the December 9 meeting.
The dates proposed are Wednesday, November 20; Monday, November 25; and
~ Tuesday, November 26, if a third meeting is necessary.
Following discussion, it was the consensus of Council to schedule the budget workshops for
Wednesday, November 20 and Monday, November 25 at 6:30 p.m.
3. At the last Council meeting, two property owners from Heather Bluff Drive came in
with concerns regarding a portion of the southwest traffic calming plan which calls for
the extension of Heather Bluff Drive to Wilcox Road. Ms. Salay met with them on
Saturday about the issue and has asked staff to meet with them as well. She asked Mr.
Ciarochi to comment.
Mr. Ciarochi noted that staff received an e-mail from the residents last week about this matter
and is working on a response. He received a copy of a letter today, dated August 22, which
was sent to City Council, the City Manager, and the City Engineer expressing serious concerns
with the present layout for the improvements. The residents of this stubbed street are opposed
to any connection to Wilcox. They are proposing four alternatives in the letter. He discussed
this matter with the Engineering staff today, and a plan has been formulated to meet with the
residents to explain the history of the project. In addition, Council recently approved the bid
award for the project and the contractor has ordered the materials. This project is tied into a
larger bid, and canceling the contract will result in damages to the City. He noted that of the
four alternatives provided, Alternative 2 represents the least cumbersome adjustment to the
current plan. The other three alignments would require new surveys and appraisals, and would
delay the project into next year.
Ms. Chinnici-Zuercher noted that Alternative 2 simply calls for construction according to the
existing plan, with the addition of raised crosswalks, etc.
Mr. Ciarochi confirmed this.
~
Ms. Brautigam stated that staff will meet with the property owners to work with them to derive
an acceptable solution and report back to Council on September 16. Alternative 2 does seem to
be a workable alternative. Other property owners in the area who are affected must be included
in this meeting as well.
Mr. Kranstuber asked for confirmation that Alternative 2 would have minimal if any impact on
the bid which was recently awarded.
Mr. Ciarochi confirmed this. Staffwill bring back cost estimates to Council for the proposed
additional items.
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RECORD OF PROGEEDINGS
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DAYTON LEGAL BLANK CO.. FORM NO 10148
HeIr] September 3,2002 19
Mayor McCash agreed that if anything is explored, it would be Alternative 2. There were
many compromises made throughout the process and all components are important in the
overall plan.
Ms. Salay stated that the unfortunate thing for these residents in particular is the timing. They
- were in the process of purchasing their lots at the time the traffic calming plan was adopted.
She is hopeful that the plan will not be derailed, as each component is important to the
effectiveness of the entire plan.
Ms. Chinnici-Zuercher stated that it is important to have flexibility in plans, however, as plans
are based upon projections. Some projections do not become a reality, and things can change.
Mayor McCash stated that when adopted, the plan was meant to be flexible and the anticipation
was that adjustments could be made. He asked iftraffic counts were recently completed in the
Wilcox and Woerner-Temple area.
Mr. Ciarochi stated that the results are in, but have not yet been reviewed. These can be made
available to Council, if desired. The report will be ready shortly.
Ms. Chinnici-Zuercher stated that residents should be advised to meet with staff on these
matters, and not to relay information through a citizen task force member such as Mr. Yoder.
The citizens should communicate directly with staff so that the issues are relayed to staff first-
hand.
Mr. Kranstuber stated that he agrees with Ms. Salay and Mayor McCash. He is hopeful that
staff can meet with residents to address their concerns, but it is important to stay the course.
The overall plan has been effective. The process included a broad-based citizen group, and
the plan as devised should work. He suggested that staff meet with these residents to increase
r-- their comfort level with the plan.
,
,
,
Mrs. Boring agreed with Ms. Chinnici-Zuercher that plans can sometimes change based upon
reality versus projections. She agreed that the citizens should meet directly with staff on these
matters.
Mr. Kranstuber asked if staff requires a motion.
Mr. Ciarochi responded that staffwill meet with the residents. lfthe residents support anything
other than Alternative 2, staffwill return to Council.
Ms. Brautigam added that staff will meet with the residents prior to the next Council meeting
and report back.
Mr. Lecklider asked ifthe original plan included a stop sign.
Mr. Ciarochi responded that there was a stop sign at Wilcox headed south. The only concern
staff expressed with Alternate 2 was with the proximity of the three elevated crosswalks to
each other in the transition area.
Ms. Chinnici-Zuercher asked about the cost difference between the Waterford Drive speed
humps versus the Tuttle Road raised crosswalks.
Mr. Ciarochi stated that the Martin Road raised crosswalks cost $10,000 each. These were of a
stamped and colored asphalt design.
Ms. Grigsby stated that the ones in front of the school were @$4-5,000.
Ms. Chinnici-Zuercher added that the Waterford speed humps are attractive and more effective
,..-.. in traffic calming than the ones along Tuttle.
Mr. Lecklider stated that the Dublinshire Drive speed hump, recently installed, is not effective
in slowing vehicles such as SUV's. The ones in Waterford are wider and therefore more
effective. He asked Mr. McDaniel to comment.
Mr. McDaniel stated that the snowplow drivers are not very supportive of the installation of
speed humps, as it obviously makes plowing the streets more difficult. They have been able to
compensate for them and work around them.
Mr. Kranstuber agreed that the Waterford model is much more effective and looks nicer.
Ms. Salay added that if the speed hump is functioning as a raised crosswalk, it needs to be
striped in order to be more visible.
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RECORD OF PROCEEDINGS
Minutes of Council 5
DAYTON LEGAL BLANK co.. FORM NO 1014~
HeIr] September 3,2002 19
Mr. Smith reported that they received an opinion from the Attorney General late last week in
regard to the township boundary adjustment issue raised by the Union County Prosecutor's
office. The opinion supports the City's position on this, and staff has requested a new date for
..-: a boundary adjustment hearing with the Union County Commissioners.
Mr. McDaniel reported:
1. The general mosquito fogging will begin next week and will continue until the first or
second frost. He consulted with the Franklin County Board of Health today, and this action is
consistent with the countywide effort for mosquito fogging due to the growing incidence of
West Nile virus and encephalitis across the state.
Mr. Kranstuber suggested that the City incorporate sandwich board signage to alert residents of
fogging.
Mr. McDaniel responded that these have been used, especially in areas adjacent to parks. He
explained the various methods used for notification.
Mr. Kranstuber asked ifthere is a program where a resident can "opt out" of the program.
Mr. McDaniel stated that staff has responded to citizens that signatures from the entire street
are necessary to opt out. It is a public health issue.
Discussion continued.
Ms. Salay asked how the effectiveness of fogging is determined.
Mr. McDaniel responded that mosquito trap counts are done in an area, and fogging is
instituted with a count of 25 or higher, or with specific disease carrying mosquitoes.
Mayor McCash stated that the City services the City-owned ponds with larviciding. He asked
if there is an ordinance requiring owners of private ponds to do so.
Mr. McDaniel stated that the City will include private ponds in the larviciding program with
the signing of a waiver. The citizens are encouraged to make the City aware of situations
,,--. where there is standing water.
, Mayor McCash noted that there is a pond at the front entry of the A very/Muirfield Kroger store
, location which should be checked, as the water is very stagnant.
i
Mr. McDaniel stated he will check and report back on this.
2. Staff has received confirmation from the American Public Works Association of an
on site audit scheduled for October 26-30. Invitations will be sent to Council members and
Commission Members for the reception.
COUNCIL COMMITTEE REPORTS/COUNCIL ROUND TABLE
Ms. Chinnici-Zuercher:
1. Noted that the report from staff regarding the volunteers for the Irish Festival indicates
a retention rate of 68 percent. This high percentage is due to the attention Ms. Nardecchia has
given to maintaining continuous communication with the volunteers and making them feel they
are an essential part of the special events in Dublin.
2. Asked about the status of the well issues related to Ballantrae and negotiations with
Tartan Golf Company and Edwards Company.
Mr. Ciarochi responded that staff is continuing to gather invoices from all of the affected
parties. Staff will then meet with Tartan and Edwards about this matter and will advise Council
of staff s proposal prior to the meeting.
3. Noted that the Finance Committee will meet on Monday, October 28 at 6:30 p.m. to
review the cost study update. A cost study update timeline was included in the packet.
Mr. Kranstuber reported that:
- 1. The Administrative Committee meeting, previously scheduled for Monday, September
23 has been cancelled due to the Coffman Park Expansion Task Force meeting to be held that
evenmg.
2. The members of the Architectural Review Board have requested Council's permission to
attend an overnight conference regarding historic preservation to be held in Cleveland. This
falls outside of the existing travel policy for boards and commissions, which restricts overnight
travel to P&Z members, and to the Chairs ofBZA and the Personnel Board. Unless there is an
objection, he would move to approve this request for training.
Mayor McCash asked for details which Mr. Kranstuber provided. The cost is estimated at $800,
including hotel rooms.
Mrs. Boring asked if the training is relevant to Historic Dublin.
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DAYTON LEGAL BLANK CO., FORM NO. lU14tl
Helr] September 3,2002 19
Ms. Clarke responded that the conference should provide the members with useful training in
regard to historic architecture, as well as common sense approaches to dealing with very old
buildings. She can forward the brochure to Council if desired.
Mr. Kranstuber moved approval of the funding for three members of ARB to attend the
~. conference.
Ms. Chinnici-Zuercher seconded the motion.
Vote on the motion: Mr. Lecklider, yes; Mrs. Boring, yes; Mayor McCash, yes; Mr.
Kranstuber, yes; Ms. Salay, yes; Ms. Chinnici-Zuercher, yes.
3. Noted that he received the staffmemo regarding the abandoned property along Dublin
Road, but his request is that staff check with township officials on the ownership and the status
of any resolution.
4. Noted that he appreciates having the Board of Education minutes included in the
Council packet.
Mr. Lecklider:
1. Clarified that officials from the "Kids Voting" program had requested a
proclamation in support, and not the Dublin Schools staff. The Dublin Schools are
participating in the program. He would appreciate Council's support of this effort
with a proclamation on September 16.
2. The Public Services Committee met regarding the Indian Run residents request for
water and sewer services. More information has been requested from staff, and a
meeting will be scheduled upon receipt of the information.
3. In follow-up to the memo regarding the Irish Festival volunteers, he would be
interested in attending next year's orientation program for volunteers in some type
of official capacity to demonstrate Council's support of their efforts.
Ms. Brautigam stated that staff will notify Council members of the orientation dates when
~ they are scheduled.
Ms. Salay:
1. Asked about the status of the citywide traffic calming policy referred during goal
setting to the Community Services Advisory Commission. She is responding to
residents on a weekly basis who have an interest in this item.
Ms. Crandall responded that the Commission will meet on September 10 to review a memo
summarizing their recommendation. It will be provided to Council for consideration at the
September 16 meeting.
2. Thank you to staff for the reorganized packet. It is very helpful in preparing for the
meetings.
Mrs. Boring wished Ms. Chinnici-Zuercher a very Happy Birthday on September 4!
Mr. Kranstuber reported that a very productive meeting was held by the Coffman Park
Expansion Task Force. The traffic study done by Doyle Clear is now available. It is very
comprehensive. The conclusions are that the closing of Post Road will not impact Tara Hill, and
that under any scenario, the left turn lane from southbound Avery-Muirfield onto Post Road
must be re-opened. The overall traffic study was approved unanimously by the Task Force.
Mr. Lecklider noted that there are several boy scouts in the audience this evening and thanked
them for their interest in local government!
,..--. Mayor McCash:
1. Noted that there was a case recently reported in the Ohio Bar Association report
dealing with public bids and bid alternates. He suggested that this be reviewed by
Legal staff for future consideration with City bids.
Mr. Lecklider added that the case referenced was Associated Mechanical Contractors vs. The
University of Cincinnati.
Mr. Smith stated recent cases are reviewed monthly in their Public Law Department meeting
and clients are advised as appropriate.
2. Noted that several people over the years have mentioned concerns with variances for
planned districts. Two calls last week referenced concerns where their particular
parcel or property was impacted by something that occurred on an adjacent property
in a planned district. Their only recourse presently is to create a subarea in a
planned district - in essence, to go through a rezoning process - versus a less
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Minutes of Council 7
DAYTON LEGAL BLANK co., FORM NO. 10148
HeIr] September 3, 2002 19
cumbersome variance through BZA or P&Z. His personal interpretation is that the
development text for a planned district constitutes the zoning code for the property.
From that standpoint, there should be some way to obtain a variance through either a
practical difficulties test or the other use variance test if there is something that
r-- wasn't created by that particular property owner on that site. He asked the Law
i Director about this and then reviewed the proposed Unified Development Code to
check whether this was addressed. He did not find anything in the UDC relating to
this particular issue. He asked if other members of Council are interested in
exploring this. If so, he would like to find out what options would be available to
include in the UDC in the P&Z or BZA process.
Ms. Brautigam stated that these are legitimate issues, and staffwill meet with the Legal
Department to determine what the Code in fact specifies, and whether staff would recommend a
change.
Mr. Lecklider stated that this has been somewhat previously discussed. He would be interested
in hearing from staff the legal ramifications and the practical considerations. His sense is that he
would like to have these items reviewed through the Planning & Zoning Commission. He was
somewhat concerned when consideration was given to having these matters reviewed at BZA. It
is not an issue of confidence in BZA, but in terms of process, P&Z is the body that would have
considered this at the outset and given it careful consideration. He would therefore be more
comfortable with having it brought back to P&Z.
Mr. Kranstuber agreed with Mr. Lecklider. In the case of a large rezoning such as
Schottenstein, it was very complicated matter and therefore more appropriate for P&Z to review
any proposed change. He would support an effort to streamline the process.
~ There being no further business, Ms. Salay moved to adjourn the meeting at 8:20 p.m.
Mr. Kranstuber seconded the motion.
Vote on the motion: Ms. Chinnici-Zuercher, yes; Mayor Kranstuber, yes; Mrs. Boring, yes;
Mayor McCash, yes; Ms. Salay, yes; Mr. Lecklider, yes.
~C!-~
Clerk of Council
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