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HomeMy WebLinkAbout01/21/2003 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 January 21, 2003 Held 20 Mayor McCash called the Dublin City Council meeting of Tuesday, January 21, 2003 to order at 7:00 p.m. in Council Chambers at the Dublin Municipal Building. Mrs. Boring led the Pledge of Allegiance. Roll Call Council members present were: Mayor McCash, Vice Mayor Boring, Ms. Chinnici- Zuercher, Mr. Lecklider, Mr. Reiner and Ms. Salay. Mr. Kranstuber arrived later. Staff members present were: Ms. Brautigaum, Ms. Grigsby, Mr. Smith, Mr. Ciarochi, Mr. McDaniel, Mr. Harding, Ms. Clarke, Ms. Crandall, Mr. Hahn, Ms. Hoyle and Mr. Hammersmith. Approval of Minutes of January 6, 2003 Regular Meeting Mr. Reiner moved approval. Ms. Salay seconded the motion. Vote on the motion: Mayor McCash, yes; Ms. Chinnici-Zuercher, yes; Mr. Reiner, yes; Mrs. Boring, yes; Ms. Salay, yes; Mr. Lecklider, yes. Correspondence There was no correspondence requiring Council action. CITIZEN COMMENTS Steve Stivers, newly appointed State Senator, 16th District introduced himself to Council and staff. He noted that he replaces State Sen. Priscilla Mead and is looking forward to serving the 16th District which includes Dublin. He noted that he is a former resident of Dublin and will be available to be called upon as needed. His office phone number is 466-5981. For committee assignments, he will serve as Vice Chair of Civil Justice and Judiciary Committee and member of Criminal Judiciary Committee, State and Local Government Committee and the Highway and Transportation Committee. He encouraged Council and staff to contact him for assistance. Wallace Maurer, 7451 Dublin Road commented that: 1. He highly respects the Clerk of Council in terms of her judiciousness, precision, accuracy and balance in drafting the minutes. There is an error, however, in the minutes of the last meeting with respect to his comments. He will address this later. 2. He discovered in talking with news reporters that something he brought up to Council in June and July did not come across. He will come back to this, as well. 3. At a recent Council meeting, after adjournment, he spoke with the City Manager. Their conversation was interrupted by the Law Director who noted that Mr. Maurer is "full of hot air" on the subject of due process. The Law Director stated that due process was accomplished - a settlement was signed by the Engineer and by the City. 4. He believes the "settlement" was premature. The legal improprieties related to the manner of the firing which did not allow either the engineer or the citizenry of Dublin to have the full play of what was coming to them. The guidelines for the process are found in the Revised Charter of the City, specifically Section 5.04(a) related to the City Manager's power to hire and fire City employees. Per Section 6.03(b), the City Manager appoints all directors (except for the Law and Finance directors who are confirmed by Council) and Directors serve at the pleasure of the City Manager. While the Manager has the power to hire and fire, government is not private enterprise and the citizenry are the ultimate bosses. 5. Additional relevant sections of the Charter are 5.04(g) and (h) which require the Manager to make available complete records to the public and Council regarding financial and administrative operations of the City, and to make other reports as Council requires concerning the operations of the City. 6. His contention is that the City management is bound to make complete reports on administrative action, and has not done so. The City Council, as far as he is aware, has been derelict in requesting such an explanation. Mayor McCash noted that the time limit for comments has now expired. LEGISLATION SECOND READING/PUBLIC HEARING - ORDINANCES Ordinance 02-03 Accepting the Lowest/Best Bid for the Heather Glen North Park Development Project, Appropriating Funds Therefor, and Declaring an Emergency. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 January 21, 2003 Page 2 Held 20 Ms. Brautigam noted that there is no additional information to report. Staff is requesting emergency action tonight. Ms. Chinnici-Zuercher moved for emergency action. Ms. Salay seconded the motion. Vote on the motion: Mr. Reiner, yes; Mrs. Boring, yes; Ms. Chinnici-Zuercher, yes; Ms. Salay, yes; Mayor McCash, yes. Vote on the Ordinance: Ms. Chinnici-Zuercher, yes; Mayor McCash, yes; Ms. Salay, yes; Mr. Reiner, yes; Mrs. Boring, yes. Ordinance 03-03 Approving a Tax Credit and Economic Development Agreement with Aelita Software Corporation and Authorizing, Confirming and Ratifying the Execution of the Agreement. Ms. Brautigam noted that there is no additional information to report. Staff is recommending passage. Vote on the Ordinance: Mrs. Boring, yes; Mayor McCash, yes; Ms. Chinnici-Zuercher, yes; Ms. Salay, yes; Mr. Lecklider, yes; Mr. Reiner, yes. Ordinance 04-03 Accepting the Lowest Best Bid for the Avery Road and Brand Road Landscape Improvements Project, and Declaring an Emergency. Ms. Brautigam stated that there is no additional information to report, and staff is requesting adoption by emergency action. Ms. Reiner moved for emergency action. Mr. Lecklider seconded the motion. Vote on the motion: Mr. Reiner, yes; Ms. Salay, yes; Mrs. Boring, yes; Ms. Chinnici- Zuercher, yes; Mr. Lecklider, yes; Mayor McCash, yes. Vote on the Ordinance: Mr. Lecklider, yes; Mrs. Boring, yes; Mr. Reiner, yes; Ms. Salay, yes; Mayor McCash, yes; Ms. Chinnici-Zuercher, yes. Ordinance 05-03 Changing the Name of Commercial Drive to Sports Parkway in the City of Dublin. Ms. Brautigam stated that there is no additional information to report. In the future, matters such as these will be presented as resolutions instead of as ordinances. Vote on the Ordinance: Mrs. Boring, yes; Mr. Lecklider, yes; Mayor McCash, yes; Ms. Salay, yes; Mr. Reiner, yes; Ms. Chinnici-Zuercher, yes. INTRODUCTION/FIRST READING - ORDINANCES Ordinance 10-03 Amending the Annual Appropriations Ordinance for the Fiscal Year Ending December 31,2003. Ms. Salay introduced the ordinance. Ms. Chinnici-Zuercher asked about the schedule of Ballantrae expenses to date, attached to the ordinance. How does this compare to the originally anticipated expenses for the City. Ms. Grigsby responded that this is less than the original amounts programmed for the roadway and infrastructure improvements. There have been sufficient funds to increase/expand the development in the park than what was originally anticipated. In addition, there have been sufficient funds in these accounts to pay for the expenses associated with the well issues until reimbursement is received. The infrastructure improvements are less than the original estimated amounts. Mrs. Boring asked where the excess budgeted funds would be used. Ms. Grigsby stated that any remaining dollars in this fund will be transferred to the CIP tax fund and will be available for other projects. Ms. Salay asked for clarification in Section 2 where it indicates that the program will allow Dublin Police to share information with other suburban jurisdictions. Which jurisdictions are included? Secondly, it indicates that the program is funded with a grant from the Ohio Office of Criminal Justice. Will these dollars be reimbursed? Ms. Grigsby stated that the total amount expended would be reimbursed with grant funding. Chief Epperson stated that the other jurisdictions sharing information are Westerville, Powell, and Upper Arlington. Ms. Salay noted that she would like an update from staff at some point tonight regarding the burial of the 138KV line. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 January 21, 2003 Page 3 Held 20 Mayor McCash noted that one person has signed in to testify. Wallace Maurer. 7451 Dublin Road noted that his question related to the expenditures for the Ballantrae development and it has been addressed. Ms. Chinnici-Zuercher moved to dispense with the public hearing. Ms. Salay seconded the motion. Vote on the motion: Ms. Chinnici-Zuercher, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mayor McCash, yes; Mr. Lecklider, yes; Ms. Salay, yes. Vote on the Ordinance: Mayor McCash, yes; Ms. Chinnici-Zuercher, yes; Mr. Reiner, yes; Mrs. Boring, yes; Ms. Salay, yes; Mr. Lecklider, yes. INTRODUCTION/PUBLIC HEARING - RESOLUTIONS Resolution 02-03 Adopting a Statement of Services for a Proposed Annexation of 2.42+/- Acres from Perry Township, Franklin County to the City of Dublin. Ms. Salay introduced the resolution. Ms. Brautigam stated that this is required under the state annexation laws. In response to Mayor McCash, Mr. Smith noted that this annexation falls under the new state annexation law. Vote on the Resolution: Mr. Reiner, yes; Ms. Chinnici-Zuercher, yes; Mayor McCash, yes; Mrs. Boring, yes; Mr. Lecklider, yes; Ms. Salay, yes. Resolution 03-03 Appointing Members to the Child Care Advisory Task Force for 2003. Ms. Brautigam stated that the Parks & Recreation Advisory Commission has recommended the appointment of the individuals listed in the resolution. Ms. Chinnici-Zuercher noted that the minutes of PRAC regarding the Child Care Directory contained discussion about the inclusion of pediatricians in the directory. While the childcare facilities listed in the directory are generally for-profit, there is a benefit to residents and corporate residents to have information about available child care facilities in the City. However, if the City plans to develop an addendum of pediatrician listings, the physicians should pay for this advertising. It is not the role of government to provide free marketing for physicians. Mr. McDaniel responded that a Commission member brought this up in conjunction with the need/desire of new residents to have this type of information from a reliable source. However, if Council desires to implement a fee for such a listing, staff will return with a recommendation. Ms. Chinnici-Zuercher added that there are medical referral lines for this purpose. Mrs. Boring agreed, stating that she is not comfortable with a government entity essentially recommending medical providers. Mr. McDaniel clarified that this listing would not constitute a recommendation - it would be viewed as a reference source. In fact, this year a disclaimer has been added to the directory, emphasizing the intent of the publication. Ms. Chinnici-Zuercher recommended that the Committee develop an inclusion policy to establish the parameters for such a directory. It is then much easier to respond to any deviation from the policy. In addition, there should always be a disclaimer included in such a directory regarding the reliability of the information and that the City is not making recommendations about the quality of the childcare provider services. Discussion continued about the history of the Child Care Directory and the need in the early 1990's for such information which prompted creation of the Task Force. Ms. Chinnici-Zuercher suggested that other agencies in the Columbus area, such as Action for Children have directories with this information. Perhaps this effort is duplicative and requires a lot of staff time to produce it each year. Staff may want to consider if this is the best vehicle for providing such information to the citizens - much of the information could be housed on the web site. Mrs. Boring commented that she prefers having a directory for childcare and programming tailored to the Dublin area, versus a regional directory. Mr. McDaniel stated that staff receives many compliments from users of the directory. However, if Council believes it has outlived its usefulness, that is fine. He suggested that the Task Force review the need for continuing this publication in its present format. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 January 21, 2003 Page 4 Held 20 Ms. Chinnici-Zuercher noted that there may be less costly options for disbursing the information, or perhaps a local corporation could underwrite the printing in view of the fact that their employees would use such information. Ms. Brautigam stated that perhaps the Task Force could work with staff to examine whether or not its work needs to be continued in the future. Mr. McDaniel asked for clarification of the direction from Council. Mayor McCash summarized that Council will move forward with the appointments tonight to produce this year's directory, but it is the consensus of Council for the Task Force to assess the continuing need for this service and to consider other options for disbursing the information, including corporate underwriting. (At this point, Mr. Kranstuber arrived) Ms. Chinnici-Zuercher stated that perhaps the Task Force does not need to exist, if the project is staff-driven. Mr. McDaniel noted that the Task Force contributes the expertise of childcare providers to the effort. Tonight's feedback also indicates that a pediatrician listing should not be included in the directory unless an advertising fee is established. Vote on the Resolution: Mr. Lecklider, yes; Mayor McCash, yes; Ms. Salay, yes; Ms. Chinnici-Zuercher, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mr. Kranstuber, yes. OTHER . Request for Waiver of Requirement for Connection to Public Sewer System from Property Owners of 6368 Hanna Hills Drive Ms. Brautigam stated that this waiver request was presented to Council two weeks ago. Council's direction was for staff to explore other alternatives for connection of the sewer service at a lower cost. As outlined in the staff report, Mr. Price discovered that there is not a less expensive alternative for connection and staff is therefore recommending that the waiver be granted. Mr. Lecklider stated that other issues were raised during the discussion, including the number of connections in this subdivision, the average connection expense, etc. Ms. Brautigam responded that staff intends to bring to Council at a February meeting a report regarding the properties citywide which are connected, those which are not connected and have service available, and those property owners who have not applied for or been granted a waiver. Maps will be provided to support this. A recommendation will also be provided about how to address situations for those who have not obtained a waiver and who have not connected. Mayor McCash thanked staff for researching other alternatives in follow-up to discussion at the last meeting. Ms. Salay moved to grant the waiver of the requirement for connection to the public sewer system for the property at 6368 Hanna Hills Drive. Mrs. Boring seconded the motion. Vote on the motion: Mr. Reiner, yes; Ms. Chinnici-Zuercher, yes; Mayor McCash, yes; Mr. Lecklider, yes; Mrs. Boring, yes; Mr. Kranstuber, yes; Ms. Salay, yes. STAFF COMMENTS Council Discussion Items . Update on Pilot Automated Collection Program Mr. McDaniel reported that information regarding the pilot automated recycling/refuse collection program was included in the Council packet. The two selected routes of 600 households each were identified in the packet as well. A letter will be sent by the City Manager to the participating households this week; residents will be invited to meetings with Rumpke and City officials at the DCRC on February 5 from 6 - 8 p.m. On February 18, the City will receive bins from SW ACO with the intent to deliver them on or about February 27-28 for implementation of the program on March 5. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 January 21, 2003 Page 5 Held 20 Mrs. Boring asked about the school assignments for the participating households. The informational meeting is scheduled on the same night as the D.A.R.E. graduation at Scottish Corners, which may preclude some from attending. Mr. McDaniel stated that the format for February 5th is an open house. Staff will focus on the other communication tools being used, and will meet with civic associations to respond to their concerns. Ms. Salay noted that she has received two calls from senior citizens with questions about the program - one of them has special needs and is concerned about managing this size of container. Mr. McDaniel stated that the resident should contact the City about their circumstances so that assistance can be arranged. Mr. Kranstuber asked about a case where the 54-gallon container is not adequate for a household. Mr. McDaniel responded that, based on experience, Rumpke believes the 54-gallon container will meet the needs of 90 percent of the households. Any overflow would be handled by bulk pick-up. The resident would then have a choice of a second bin or having a 95-gallon container. There will be no additional costs to the residents for an extra container or a larger container. Mr. Reiner asked if staff envisions problems with large containers being left outside instead of being housed in the garage. Mr. McDaniel responded that most believe a 95-gallon container would be stored outside, so the decision was made to use a 54-gallon container. There is presently not an ordinance which specifies where a trash receptacle is to be housed on a property. These are all issues which will be considered as part of the pilot program. Mr. McDaniel clarified that the routes were selected by Rumpke, not by staff. He added that there is a similar program underway in Wadsworth, Ohio and it seems to be working well. Mr. Lecklider stated that in reviewing the routes, he doesn't see what is unique about these street configurations compared to other neighborhoods. Mr. McDaniel stated that Rumpke actually prefers that the pilot areas include many cui de sacs, and the routes selected contained a large number of cui de sacs. Mayor McCash asked that Mr. McDaniel provide a brief update on the status of the AEP issue. Mr. McDaniel stated that he and Mr. Blazer would meet with AEP tomorrow morning. Subsequent to the November meeting, AEP has been working on planning, design, feasibility and costs for the two routes proposed. He understands that they hope to file with PUCO in early March, but this date is not firm. AEP is refining their numbers at this time. . Medical Benefits Study Ms. Brautigam stated that at the November budget workshop, there was a desire to have a Committee of Council review the medical benefits received by City employees. The Human Resources division is in the process of information gathering at this time. Staff is recommending that the Administrative Committee of Council schedule an organizational meeting in the near future to establish time parameters. She recalls that the report from the Committee was to be provided to Council by June. I Mr. Kranstuber, Administrative Chair suggested that the Committee discuss a meeting !I date/time later this evening and communicate that to Council and staff. . Board & Commission Member Recruitment Ms. Brautigam stated that the Clerk of Council has forwarded a report to Council regarding the board and commission candidate recruitment plans for this year. There are nine vacancies to be filled for service beginning April 1. Mayor McCash noted that the deadline for submission of applications for the Development Code Revision Task Force is today, and only one application has submitted for the two resident representatives. Council may want to extend the deadline for a week or two to allow more candidates to apply. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 January 21, 2003 Page 6 Held 20 Mrs. Boring stated that she wants Council to meet with the candidates individually prior to appointment. Mayor McCash asked if she wants to meet with all candidates, or merely the citizen representative candidates. Mrs. Boring stated that although the Chamber and the BIA recommend candidates, she would still prefer to meet with them prior to the appointments. Ms. Salay agreed. Following discussion, it was the consensus of Council to extend the deadline for application submission to Thursday, January 30. Mr. Kranstuber suggested that, if Council concurs, the Council representation on the Task Force consist of three members instead of two. This process will be lengthy and there may be times when a Council member is unable to attend. Mayor McCash stated that if the Task Force is too large, the process might bog down. He had previously indicated his interest in serving, but is willing to defer to the other members who also expressed interest - Mr. Reiner, Ms. Chinnici-Zuercher and Mr. Lecklider. Mr. Reiner agreed with Mr. Kranstuber that it might be desirable to have three Council representatives in view of the workload and time commitment. Having three Council members may serve to balance the special interest groups. Mayor McCash noted that the Chamber of Commerce, the BIA, and the commercial development community all have representation on the Task Force in order to meet the goal of including them in the process. Discussion continued. Ms. Salay supported having three members of Council serve on the Task Force. Mr. Lecklider agreed, noting that he is hopeful that the Task Force will be able to obtain consensus on many of the issues. He does not envision a problem with split votes on issues. Ms. Brautigam stated that staff would bring a resolution to Council on February 3 amending the previous resolution to provide for three members of Council serving on the Task Force. She suggested interviewing candidates on February 3, with appointments made at a Special Meeting on February 10 prior to the study session for economic development and executive session for land acquisition matters. Ms. Chinnici-Zuercher clarified that the only interviews to be done are for the citizen representatives. Mayor McCash stated that Mrs. Boring had indicated a preference to have a brief interview with all of the candidates. Ms. Salay stated that the BIA and Chamber have already designated their representatives. Mrs. Boring stated that she wants an opportunity to ask questions of all of the candidates. It may influence her decision regarding the citizen representatives. It was the consensus of Council to meet at 5:45 p.m. on Monday, February 3 to interview all candidates. Mayor McCash moved to delay the start of the Monday, February 3 Council meeting until 7:30 p.m. in order to allow time for interviews for Task Force candidates. Mr. Kranstuber seconded the motion. Vote on the motion: Mayor McCash, yes; Ms. Chinnici-Zuercher, yes; Mr. Lecklider, yes; Ms. Salay, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr. Kranstuber, yes. In regard to the general board and commission recruitment process, Mr. Lecklider asked if Council would automatically reappoint an incumbent? Will issues of attendance and commitment to service on the board/commission be taken into account? Mr. Kranstuber responded that this is an appropriate topic for an executive session and can be discussed tonight in the scheduled executive session. Mayor McCash stated that Council doesn't regularly interact with some of the boards and commissions, and it would be important to obtain feedback from the staff liaisons regarding attendance and participation by the incumbent who desires reappointment. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC.. FORM NO. 10148 January 21, 2003 Page 7 Held 20 Ms. Chinnici-Zuercher stated that this type of information has been obtained in previous years. It was the consensus of Council to have the Clerk obtain this information from the staff liaisons. Ms. Chinnici-Zuercher stated that another consideration would be the type of issues on the horizon in the coming years and the skill set needed for service on the board or commission. Ms. Brautigam reminded Council Members to return their performance evaluations for the Clerk of Council to Mr. Kranstuber by the end of the month. Ms. Chinnici-Zuercher asked if the City is on target with the budgeted amounts for snow removal, in view of the recent news coverage about this topic relating to the state and the City of Columbus. Mr. McDaniel responded that the costs for the service per lane mile are less than two years ago. The number of snow and ice events this year is no worse than what was experienced last year. The overtime exceeds that spent last year due to the holiday storm situations. Ms. Chinnici-Zuercher asked if the cost per lane is a benchmark used in their industry. Mr. McDaniel responded that there is no solid benchmark industry-wide, but Dublin has tracked costs in this manner for a few years. COUNCIL COMMITTEE REPORTS/COUNCIL ROUND TABLE Mr. Reiner: 1. Noted in the Cemetery Report that there was a transfer of $100,000 in 2002 to the Cemetery Fund. He asked for details. Ms. Grigsby stated that in past years, there was an unencumbered fund balance available. However, in 2001, the expenditures exceeded revenues by $60,000 and an appropriation was needed to keep the fund in balance. A perpetual maintenance fund has been established with a goal that the interest earned from that account will provide a portion of the operational funding needed for the cemetery. 2. A flier was included in the packet regarding an upcoming presentation and workshop by Randall Arendt, a specialist in conservation subdivision design and who served as a consultant to Dublin four years ago with the Southwest Area Plan. He urged Council members and staff to attend, especially those not familiar with the concept. The date of the seminar is Wednesday, January 29 from 3 to 9 p.m. Ms. Chinnici-Zuercher: 1. Noted there is a presentation on legal landscaping sponsored by MORPC on Wednesday, February 5 from 4 to 5 p.m. at the MORPC offices. 2. Was recently notified by OML that she was reappointed as one of two Ohio representatives to the National League of Cities Public Safety and Crime Prevention Committee. Mr. Kranstuber: 1. Commented that the new format for the Rec Center reports provides more information and is very helpful. 2. Suggested that, if there is interest on Council, staff investigate the possibility of reversing or modifying in some way the National Century Financial rezoning. His understanding is that this was a very controversial matter considered by the Planning & Zoning Commission, although Council did not review it. Ms. Brautigam responded that the Commission actually raised this issue in December and asked Mr. Banchefsky to investigate it. Mr. Banchefsky reported that because National Century Financial is in bankruptcy, there is a stay in effect which prohibits the City from moving forward with anything relating to their property. Therefore, the City is legally prohibited from taking any action at this time. Mayor McCash commented that this development originally consisted of a number of separate parcels. As a condition of the final development plan approval, staff recommended that the lots be consolidated into one parcel. If National Century Financial sells the individual buildings, wouldn't that defeat the final development plan that was RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK INC FORM NO 10148 January 21, 2003 Page 8 Held 20 approved? The buyer would then have to file a revised final development plan for each parcel. He asked staff if the parcels have been combined. Ms. Clarke stated that there are currently nine buildings on nine parcels. Mayor McCash stated that if the lot consolidation has not been done, individual parcels could be sold off as part of the bankruptcy. The entire issue may be moot. Mr. Kranstuber stated that the concern would be with a buyer who wants to purchase all nine parcels. Mr. Smith responded that there is a stay in effect and nothing can be done at this time. If, in fact, there is a condition appended with the final development plan approval, it runs with the land and would have to be satisfied. Once it is released from bankruptcy, the City could act. Ms. Chinnici-Zuercher asked if the City could revoke the zoning, once the stay is lifted. Mr. Smith responded that the City has the ability to do this. Ms. Chinnici-Zuercher stated that a purchaser could argue that they made the purchase based upon the knowledge that it was zoned for a certain use. Mr. Smith agreed. Mr. Kranstuber stated that whether or not Council favors the present zoning, it is the zoning approved for the property. It cannot be changed until the stay is released. Mr. Lecklider stated that his understanding is that, due to the lack of a clear record about what uses were allowable on this site, it could be argued that the rezoning now in place is more restrictive than what existed previously. Mr. Kranstuber noted that the adjacent residential neighborhood believes that the zoning allows for an expansion of the uses. Mayor McCash clarified that the final development plan recently approved does not change the underlying zoning. Those retail uses are still permitted, and in theory, someone could purchase the property and revert it to a retail use. Mr. Kranstuber stated that the bottom line is that he did not agree with the Commission's approval of this plan, whatever their justifications were. Is there any way Council can change this? Mayor McCash noted that the real issue is whether or not Council can overturn the Commission's approval of a final development plan - which is an administrative action. He does not believe that Council can legally do this. Ms. Brautigam suggested the following: 1. Staff will provide a memo explaining the current situation on the property in terms of final development plan and zoning. 2. Staff will obtain a legal opinion regarding an administrative decision of P&Z Commission and whether or not a rezoning by Council can overturn that. Ms. Salay: 1. Congratulated Mr. McDaniel and the staff of the Service Department for the achievement of provisional accreditation status. 2. Thanked staff for the update on the Hayden Run stonewall issues. 3. Noted that she had planned to attend the OSU airport expansion meeting, but the Council/P&Z joint meeting is scheduled for that evening. She asked that a staff member attend and report back to Council. There have been some conflicting reports in the media about the impact of the expansion. Ms. Brautigam stated that Paul Hammersmith would attend the airport expansion meeting. 4. Reported that the Historic Dublin Association will reschedule their meetings to the third Wednesday of the month. They will be held at either the Convention Bureau conference room or the Chamber of Commerce Building. 5. Reported that a meeting is being scheduled on January 29 or 30th with the South Riverview residents regarding the storm water project and the river walk concept. She asked that staff inform Council when there is a confirmed meeting date. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK. INC., FORM NO, 10148 January 21, 2003 Page 9 Held 20 hopefully by March. The Commission is very committed to completing this report in a timely manner. The one outstanding issue is a recommendation about who pays the cost of installing improvements. Staff will provide some more information on this topic at the next meeting, but it is conceivable that they will require more information. She encouraged Council Members to inform citizens who have inquiries to attend the CSAC meeting in February where the next discussion will take place. Mavor McCash: 1. Thanked Mr. Stevens, Ms. Grigsby and staff for hosting the economic forecast breakfast. It was well attended and well received. Many were in attendance from outside of Dublin, including staff from Rep. Tiberi's office and Ron Barnes of COT A. He has asked the City Manager to explore the possibility of having these on a quarterly or semi-annual basis. 2. Congratulations to the Service Department on the provisional accreditation. 3. Congratulations to Mr. Smith's secretary who retired this week after 18 years of service. Mayor McCash moved to adjourn to executive session at 9 p.m. for discussion of personnel matters and legal matters. The meeting will be reconvened only to formally adjourn. Ms. Chinnici-Zuercher seconded the motion. Vote on the motion: Mr. Lecklider, yes; Mayor McCash, yes; Mrs. Boring, yes; Ms. Chinnici-Zuercher, yes; Mr. Reiner, yes; Mr. Kranstuber, yes; Ms. Salay, yes. The meeting was reconvened and formally adjourned at 10:00 p.m. ~A---- C!-- ~ Clerk of Council