05/14/2002 Minutes - Laserfiche WebLink

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interact into the future. Mr. Koeth said as part of the agenda for the May 28th meeting, they will need to cliange the order of business. R. k;oeth motioned to amend Article II, Section 5(Order of Business) as allowed in Article VII of the Planning Commission Rules and Regulations to include in the order of business as item III, Administrative Submittal for the May 28, 2002 agenda only. The motion was seconded by W. Spal.ding and unanimously approved. NIr. Koeth asked if Mr. O'Malley had anything else to address. Mr. O'Malley pointed out that City Council passed an ordinance last week allowing the Mayor to enter into a contract with a planning consultant, George Smerigan. He understands that the Law Director has had some discussions with him about having him come in to address the Planning Commission, It is hoped he will be available on Dnay 281h. He has already testified in the case and knows the site well. They anticipate he will be able to deliver a report and make some recommendations. Mr. Koeth asked for confirmation that he will be the consultant on Parcel E. Mr. O'Malley indicated that is correct. He said what is before the Cortimission is a remand of a re-zoning issue. They don't have an applicant, but they have a matter that has been referred, or remanded by a court. The Planning Commission would then proceed and is authorized by the code to initiate re-zoning requests. It is comparable to the Schmidt matter. Mr. Spal.ding brought up the Supreme Court ruling. Mr. O'Malley indicated the Ohio Supreme Court rulirig would have more bearing on them than the U.S. Supreme Court's Lake Tahoe decision. Mr. Koeth suggested.that the board members refrain from commenting or giving an opinion at this point. Mr. Hreha asked that they give serious consideration to the structure of their agenda. His thought is to mo?-e New Developments and Subdivisions ahead of Building Department Requests. He added that ofte;n times the lot splits and consolidations are for residents and it is not right to have a resident sit for so long. The board members agreed. Mr. O'Malley indicated the planner could come to the next meeting if they want him to be there. He said the Law Director indicated to him that it would be appi-opriate for the planning consultant to make his report in a public meeting. The Law Director didn.'t expect the planning consultant would be privy to executive session. Mr. Hreha asked if there is a way to let the planner know that the Flanning Commission would welcome his report. Mr. Koeth said once they meet him they can let him know what input they would like to get. Mr. O'Malley poin.ted out they will have to review the ordinance, the scope of the work, and the contract that is being executed for this planner. He said he does not think the Planning Commission is going to be able to expand the scope of his work. Mr. O'Malley added he is coming in to go over Parcel E. 1V1r. Koeth suggested that Mr. O'Malley let the planner know that the board would like some kind of outl:ine on what he will discuss so they can ask questions. Mr. Koeth also asked for some kind of back;ground on what he has been involved in with Parcel E so they can better understand where he is coming from. Mr. O'Malley added an analysis of the master plan as it relates to this issue would be a gooii idea. The opinions the planner has might need to be supported in court again. Chairman Koeth mentioned the last meeting when they had a quorum but not a majority vote. He indicated he wants everyone to know that they need a majority of Planning Commission members, four members, for a vote. Mr. O'1Vlalley said if they do not have four members, they do not have a quorum to proceed. He pointed out that the board can advise an applicant of the rules so they have an option to come back. Mr. Koeth excused the absence of Mr. Allen. He then pointed out that if a person is not present at a meeting, he/she may still vote to approve the minutes of that meeting. Mr. O'M:alley confirmed it. Mr. Rymarczyk mentioned there are two Shell gas stations that are bringing in a submittal for minor changes. He asked if the Planning Commission wants to hear them at the next meeting. Mr. Koeth said he is familiar with it and it is fine for them to come in. 10