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HomeMy WebLinkAbout11/16/1992 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting DAYTON LE AL BLANK November 16, 1992 Held 19 The regularly scheduled meeting of the Dublin City Council was called to order by Mayor Jan Rozanski at 7:30 p. m. on Monday, November 16, 1992 and Mr. Strip led the Pledge of Allegiance. A Members of Council present for roll call were: Mr. Strip, Mr. Sutphen, Mr. Campbell, Mr. Amorose, Mrs. King, Mr. Kranstuber, and Mayor Rozanski. Mr. Hansley, City Manager, and Mr. Smith, Law Director, were also present. Annroval of Minutes of November 2, 1992 Meeting Mr. Amorose moved to approve the minutes of the November 2 Council meeting. Mr. Sutphen seconded the motion. Vote on the motion - Mr. Sutphen, yes; Mayor Rozanski, yes; Mrs. King, yes; Mr. Amorose, yes; Mr. Kranstuber, yes; Mr. Campbell, yes; Mr. Strip, yes. Correspondence The Clerk reported that there was no correspondence to Council. Comments from Visitors Lynn Williams, Dublin resident and owner of the 7azzercize Center, 4353 Tuller Road, stated that the Tuller Road construction project has affected her business. The one-way traffic eastbound has decreased her business by 30 to 50 percent, depending on local traffic conditions. Patrons attempting to reach the business from 270 are unable to access the site ~ from Sawmill, and are rerouted. During rush hours, these alternate routes are congested; patrons thus do not come to classes at the Tuller Road studio. Her business is dependent upon daily registrations, unlike the majority of Tuller Road businesses. She proposed a temporary solution: that the one-way traffic be alternated east and west during the hours of 5 to 7, Monday through Thursday, and 5 to 6 on Friday. She requested the City's assistance. Mayor Rozanski recommended that Ms. Williams discuss this problem with the Development Director. Council cannot offer a solution for this tonight. Mr. Foegler commented that the overlying issue with traffic management is safety concerns. Two lanes are scheduled to be operational in approximately two weeks, weather permitting. Discussions are currently underway with the contractor and the City Engineer to determine reasonable completion dates in consideration of a number of factors, including the wet weather in July. Mr. Kranstuber stated that although Mr. Foegler is sympathetic, he has not offered a solution. He believes it is Council's responsibility to assist this business owner and ~ resident. He added that the contractor has not met the deadlines for the project. Mr. Campbell agreed that Ms. Williams' proposal for two-way traffic should be studied. Perhaps it could be discussed this evening with staff members present. Mr. Foegler stated that the City is in contact with the Tuller Road businesses on a daily basis to address issues. He offered to meet with the City Engineer and Ms. Williams during tonight's meeting to discuss the issue. Mr. Foegler promised to review and consider the Engineer's report prior to making a recommendation to Council about timely completion by the contractor and possible penalties. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 2 Meeting DAYTON LEGAL BLANK N . November 16, 1992 Held 19 Mrs. King suggested that the City's dissatisfaction with timely completion of the project be communicated to the contractor. She further offered that the contractor or the City could pay for the costs of advertisement to help bring back the clients Jazzercize has lost during the construction project on Tuller Road. Legislation Ordinance No. 98-82 (Amended) - An Ordinance Amending Chapter 181 ("Income Tax") of the Dublin Codified Ordinances. (Tabled Ordinance) Mr. Amorose moved to take this off the table. Mr. Sutphen seconded the motion. Vote on the Motion - Mr. Sutphen, yes; Mr. Strip, yes; Mayor Rozanski, yes; Mr. Campbell, yes; Mr. Amorose, yes; Mrs. King, yes; Mr. Kranstuber, yes. Mr. Strip announced that the Income Tax Administrator and Clayton Rose, Tax Board of Review, will comment on the changes made to the proposed ordinance. Mr. Thurman, Tax Administrator, stated that the changes will have no significant impact on revenues received, but will aid in eliminating inequities within the Dublin tax ordinance and provide for more uniformity with other local governments. All changes have been endorsed by a local committee of tax practitioners, the Tax Board of Review, the Finance Director, and himself. Clavton Rose. Tax Board of Review stated on behalf of the Board and local practitioners, that they believe the changes are fair and equitable and will aid in making the rules coincide . with other local taxing municipalities. Additionally, it will aid in providing uniformity across the State of Ohio. Mr. Strip commented that the City needs to be more fluid in changing its income tax rules from time to time to conform with changes in federal returns. The proposed changes are mainly administrative and should not result in changes in revenues. He recommends adoption of the Ordinance. He thanked Mr. Rose, Mr. Thurman, and area accountants who worked on the changes. Vote on the Ordinance - Mr. Strip, yes; Mayor Rozanski, yes; Mr. Amorose, yes; Mr. Campbell, yes; Mrs. King, yes; Mr. Kranstuber, yes; Mr. Sutphen, yes. Ordinance No.103-92 - An Ordinance Providing for a Change of Zoning of 7.218 Acres of Land, Located on the South Side of Rings Road, Approximately 1,350 Feet to the East of Wilcox Road, to be Rezoned from: R-1B, Restricted Suburban Residential District to: PLR, Planned Low Density Residential District. (Third Reading) Mr. Smith stated that he has spoken to most Council members today and with Mr. Ruma about this Ordinance. It is his understanding that Mr. Ruma is present this evening to request that the matter be referred back to Planning & Zoning so that Mr. Ruma can file an amended plan with some substantial changes regarding density and parkland. He will be heard by P&Z at the December 10 meeting and by Council on December 21. Mr. Ruma confirmed that the Law Director and Planning Director have suggested, and he is requesting, that this plan be referred back to P&Z due to substantial changes made to the plan. Mr. Smith confirmed that the ordinance as amended will be back to Council for a third reading following P&Z's recommendations. Mr. Amorose moved to table Ordinance 103-92 until the December 21 Council meeting, following P&Z recommendation from their meeting of December 10. Mr. Sutphen seconded the motion. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 3 Meeting DAYTON LEGAL BLANK F RM N . November 16, 1992 Held 19 Vote on the motion - Mr. Kranstuber, yes; Mr. Campbell, yes; Mrs. King, yes; Mayor Rozanski, yes; Mr. Strip, yes; Mr. Sutphen, yes; Mr. Amorose, yes. Ordinance No. 111-92 - An Ordinance Providing for a Change of Zoning of 61.659 Acres of Land, Located on the North Side of Brand Road, Opposite Coventry Woods Drive to be Rezoned from: R-1, Restricted Suburban Residential District to: PLR, Planned Low Density Residential District. (T'hird Reading) Harrison Smith, applicant, stating the following in regard to issues raised at the last Council meeting: 1. The engineer was unable to contact Dr. Graham in regard to removing the pipe. Mr. Smith will comply with the requirements set by the Engineering division in this regard. 2. The engineer did contact Mr. Maurer regarding the boundary problem with the fence. The title company is uncomfortable with any boundary adjustments. 3. Mr. Smith has no objections to leaving the fence along the Maurer boundary line, with the understanding that: a. Homeowners could replace the fence with a similar vegetation boundary or more aesthetically pleasing fence; and b. The fence could be removed if necessary to resolve drainage problems. He will ensure that Mr. Maurer is satisfied with the arrangements. Mr. Campbell stated that he does not believe Mr. Smith has adequately addressed the issues raised at the last Council meeting. These concerns should be resolved prior to Council's . vote on the rezoning. He noted that the fence line which encroaches on the property line will be a problem for potential buyers. ~.3 Mr. Smith responded that most of the concerns about drainage are engineering related and must be approved by the City Engineer. He expressed regret that they were unable to get in contact with the neighboring residents. Discussion followed about the survey problems with the lot line and the fence which encroaches upon it, and the unresolved drainage problems. Mr. Smith responded that the drainage issues will be addressed at the platting stage and again apologized for not speaking with the residents. Mr. Wallace Maurer stated the following: 1. He asked if there was an engineering problem on his property, and Mayor Rozanski responded that Council is not aware of one. 2. The fence and shrubbery are interlocked and cannot be discussed separately. 3. He asked that he be consulted if other landscaping is proposed to block the view of the barn. 4. He stated that there is a 1-1/2 foot boundary problem with the fence line at either end. Mr. Strip stated that he does not believe this rezoning is ready for passage this evening, prior to resolution of the issues. Mr. Smith stated that he is unwilling to agree to retain a fence which is an encroachment upon the property since it is aesthetically not pleasing. Under the zoning regulations, he is not sure if the developer would be permitted to install another fence if the old one is removed. Mayor Rozanski commented that he believes the stormwater issue should be studied prior to rezoning the property. The parties involved must resolve their issue on the boundary dispute. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 4 Meeting DAYTON LEGAL BLANK F November 16, 1992 Held 19 Mr. Smith stated that he would personally discuss the boundary issue with Mr. Maurer. He proposed that the adjacent property owners, the engineers for the project, and the City's engineers meet to resolve the stormwater issues. ~F''~" Mr. Campbell moved to table the ordinance until the December 7 meeting of Council to allow these parties to meet. " Mr. Strip seconded the motion. Dr. Bruce Graham stated that there is a much bigger problem regarding the drainage that exists. He will be extremely upset if Council approves the rezoning prior to an investigation of a solution. Mr. Campbell responded that it is important to study this problem so that a solution can be found. If the rezoning is approved without a proper study of the problem by staff, the City could be taking on a liability. Dr. Graham commented that for years, he has observed standing water in the subject property following heavy rains, as well as on his own property. He noted that the storm sewer in Coventry Woods seems to be at a higher level and thus the water does not drain properly. He would like to see a resolution by the engineers. Mr. Maurer stated that there was reference made to the possibility of eliminating the fence; however, the fence must remain to constrain his horse. Mr. Smith expressed concern with Mr. Campbell's comments since the developer cannot address some of the problems until final engineering is done. Many of the problems are also existing ones. The developer can propose some solutions, but Council has platting authority in terms of the inability or unwillingness to resolve a drainage problem in accordance with what the developer's obligations are. The situation cannot be resolved prior to final engineering. Mr. Campbell responded that he simply wanted to make everyone aware of the problems which need to be resolved. Mayor Rozanski stated that Council expects the developer and his staff, the City staff, and the residents with concerns to have discussions regarding the issues prior to the next meeting of Council. Vote on the motion to table - Mr. Kranstuber, yes; Mr. Campbell, yes; Mrs. King, yes; Mayor Rozanski, yes; Mr. Strip, yes; Mr. Sutphen, yes; Mr. Amorose, yes. Resolution No. 45-92 - Establishing a Community Reinvestment Area Within the City of Dublin and Declaring an Emergency. (Third Reading) Mr. Smith stated that has spoken with Mr. Heine, attorney representing the Llewellyn residents, and they have been unable to reach a solution. He requested that this be tabled - indefinitely; there will probably be litigation filed to challenge the City's right to amend this section. , Mr. Amorose moved to table Resolution No. 45-92 indefinitely. Mrs. King seconded the motion. Vote on motion to table - Mr. Strip, yes; Mr. Sutphen, yes; Mr. Amorose, yes; Mr. Kranstuber, yes; Mr. Campbell, yes; Mrs. King, yes; Mayor Rozanski, yes. Ordinance No. 119-92 - An Ordinance Adopting aFive-Year Capital Improvements Program for 1992 to 1996. (Second Reading) Discussion regarding this ordinance continues in the budget hearings. There will be a third reading of the Ordinance at the December 7 Council meeting. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 5 Meeting DAYTON LEGAL BLANK O., RM N I November 16, 1992 Held 19 Ordinance No. 120-92 - An Ordinance to Adopt the Proposed Operating Budget and Cash Capital Budget for the 1993 Fiscal Year. (Second Reading) Discussion regazding this ordinance continues in the budget hearings. There will be a third '~"`.a reading of the ordinance at the December 7 Council meeting. ~ Ordinance No. 121-92 - An Ordinance Consenting to the Widening of Sawmill Road to Five Lanes from Saltergate Drive to Summitview Road. (First Reading) Mrs. King introduced the ordinance. Mr. Hansley commented that the boundary line with Columbus at Sawmill Road was adjusted sometime ago. This ordinance allows the extended right-of--way, a portion of which lies in Dublin, to be used in construction of fire hydrants. Dublin requested this change in the plans in October of 1991; this legislation allows the widening to proceed and states that Dublin will contribute $12,000 to pay for the costs of the additional hydrants requested. Staff recommends approval on an emergency basis. Mr. Amorose asked if the hydrants aze necessary due to the agricultural uses for the property at this time. Mr. Hansley responded that the City is requesting installation of the fire hydrants at this time because it can be done economically. The hydrants will be in place prior to the future planned development of the northeast quadrant. Mayor Rozanski expressed concern with the maintenance of the westernmost right-of--way of Sawmill Road, north of Bright. The residents have often complained about the weeds and lack of maintenance. Even though this portion of the road now lies in Columbus, it presents a poor image at the edge of what most people believe belongs to Dublin. Mr. Hansley responded that portions of Sawmill Road north of 270 which lie in Columbus aze maintained by Franklin County. Staff will investigate why the maintenance is not being done. Mr. Amorose proposed that a letter be sent to Columbus asking them to see that maintenance is performed in this azea. He suggested that perhaps Dublin could take over the maintenance since the property is on the City's boundary. Mr. Hansley stated that this could be done if the City requests permission. The City could even change a fee to provide this maintenance. It would have to be worked out with legal counsel. If this is the desire of Council, he will look into this. Mr. Strip asked that the clerk research the records to verify exactly which portion of Sawmill was ceded to Columbus prior to any communication on the maintenance issue. Chief Bostic stated that Washington Township is supportive of the installation of additional - fire hydrants on the west side of Sawmill. ~ Mrs. King moved to waive the three-time reading rule and pass as emergency legislation. Mr. Amorose seconded the motion. Mr. Amorose asked if improvements will be made to the Summitview intersection as part of the road widening. Mr. Hansley stated that the City has not seen the plans for this project yet. Mr. Sutphen commented that a left turn lane is needed at Summitview. Vote on the motion - Mr. Sutphen, yes; Mr. Kranstuber, yes; Mr. Amorose, yes; Mr. Strip, yes; Mayor Rozanski, yes; Mrs. King, yes; Mr. Campbell, yes. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 6 Meeting DAYTON LE AL BLANK N . November 16, 1992 Held 19 Mrs. King moved to amend the title to include the emergency language. Mr. Amorose seconded the motion. Vote on the amended ordinance - Mr. Campbell, yes; Mrs. King, yes; Mayor Rozanski, " yes; Mr. Strip, yes; Mr. Sutphen, yes; Mr. Amorose, yes; Mr. Kranstuber, yes. " Ordinance No. 122-92 -Ordinance Authorizing the City Manager to Enter into a Contract for Residential Solid Waste Management Services. (First Reading) Mr. Sutphen introduced the ordinance. Mr. McDaniel reviewed the administrative report which was distributed with the ordinance and recommended that a contract be drawn with Rumpke. He stated the following: 1. Bids were opened on October 22, 1992 and Rumpke was the low bid. Following an evaluation of the proposed services of each bid, it was determined that Rumpke could provide at least the same level of service to which the City is accustomed and over a period of three years save the city at least $55,476 compared to the next lowest bidder. 2. The bid specification included a performance bond which was to be submitted at time of the bid and backed by a security company with a AAA financial rating (excellent). We received three bids which were applicable, two of which had a financial rating of A+. Rumpke did not submit a performance bond with the bid, as they assumed the bond was to be submitted when the contract was entered into. This is a typical practice. After consultation with and approval by Mr. Harding and Mr. Smith, Mr. McDaniel has chosen to exercise the right of section 4.3 of the bid w specification to accept the lowest/best bid. Therefore, staff recommends that the city waive the AAA rating requirement and the requirement for the performance bond at the time of the bid submission. 3. Staff recommends that the bids be evaluated on their merit and if the Rumpke bid is selected, a performance bond should be submitted prior to entering into the contract. 4. In the final analysis, staff believes that both companies could provide required services in accordance with the bid specifications; the difference is dollars - approximately $55,476 over athree-year period. 5. Staff also recommends that this ordinance be read three times, with passage by emergency on the third reading in order to commence this contract in January. Discussion followed about the yard waste diversion program -problems with confusion over the designated bags to be purchased for collection and the reasons for charging per bag or per household. Mr. Strip suggested that prior to the next reading, staff share any additional input from residents regarding waste collection services. There will be a second reading of the ordinance at the December 7 Council meeting. R Ordinance 123-92 - An Ordinance Authorizing the City Manager to Enter into a New Contract with the Law Director. (First Reading) Mr. Sutphen introduced the ordinance. Mr. Hansley stated that the charter requires aone-year contract for a law director; the city manager recommends a law director or firm and Council then ratifies the recommendation or can choose to make another recommendation. Administrative staff recommends that Mr. Smith's contract be continued in view of the large amount of litigation the City is currently involved in and the difficulty in making a change at this time. He stated that amulti-year contract would make more sense, but the charter requires a new contract each year. He pointed out two changes in the proposed contract: the hourly rate will increase from $85 to $95 and the retainer will be eliminated. These changes will benefit both the City and the RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 7 Meeting DAYTON LEGAL BLANK O., F RM N November 16, 1992 Held 19 law firm. He recommended that this contract be approved following three readings. Mr. Campbell agreed that Mr. Smith has experience, longevity, and familiarity with the various issues facing the City. He added that he is very pleased with Mr. Smith's services. But in view of the large amount of money involved in this contract, over $200,000, he believes it would be appropriate to take proposals from other area law firms and explore the ' options. Council owes it to the public they serve to examine this more closely. Secondly, he stated that he would like to see copies of Mr. Smith's itemized bills, since Council approves this under the budget. He again stated that he is not commenting negatively on Mr. Smith's performance; he believes this would be an opportunity for Mr. Smith to demonstrate that he can provide better services to the City than others who may wish to be considered. Mr. Hansley acknowledged that Council had officially established a goal of doing a request for proposals for legal services. Although this was his obligation to carry out, he could not in good faith go through the process knowing he would make the same recommendation for Law Director. He suggested that an interim contract for legal services be done if Council wishes to take RFP's. Mr. Campbell emphasized that he is concerned that a large contract with the current law director is routinely approved without exploring all the options. Considerable discussion followed about this issue. Mr. Strip stated that he had opposed Council's decision to seek RFP's for legal services. However, it was a mandate of Council to have RFP's this year and he was disturbed that Mr. Hansley had not followed their direction. u Mr. Hansley clarified the issue, stating that the problems lie with the charter which requires a recommendation for a law director to be appointed for one year. Mr. Strip responded that a firm could have been recommended after the issuance of RFP's. Mayor Rozanski stated that Mr. Hansley had consulted him on this issue. Since there was so much litigation and in-house work ongoing, he had agreed with Mr. Hansley that there was not adequate time this year to do an RFP. Mr. Hansley was not opposed to doing an RFP; Mayor Rozanski may have misdirected Mr. Hansley on this issue. He added that since staff has already recommended a law director, it would be difficult to do an RFP and anticipate receiving many proposals. He believes Council needs to give direction to staff in regard to next year's process. Mrs. King commented that staff should follow the direction of Council on these matters. If staff believes that the policy direction is in conflict with the charter provisions, this should be communicated in writing. She added that the charter revision had been previously discussed and should be initiated. She also asked that staff provide itemized billings for legal services in a form which will help Council to make an informed decision on the City Manager's recommendation. She expressed satisfaction with the fine job Mr. Smith has done in providing legal services for the city. Mr. Strip does not believe that taking RFP's to amve at a recommendation to Council would conflict with the charter. Mr. Hansley and Mr. Strip agreed that the issue could have been worked out through better communication. There will be a second reading of the ordinance at the December 7 Council meeting. Other Final Plat -Donegal Cliffs, Section 7 (Tabled Item) RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 8 Meeting DAYTON LEGAL BLANK O., F R N 1 November 16, 1992 Held 19 Ms. Clarke stated that staff has received a letter from the homeowners' association in regard to several outstanding issues. Many areas have been brought into compliance, some of which were not the responsibility of the developer. In regard to the final plat for Donegal Cliffs, Section 7, there are no outstanding plat-related issues which should hold up the approval. She offered to discuss non-compliance areas in other parts of the subdivision. ' Mrs. King stated that she spoke to Don Kelly today regarding the inconsistencies between the homeowners' letter sent from Mr. Kovacs and the list of unfinished items provided to the Planning Department by Mr. Kelly. Don Kelly, Donegal Cliffs resident, stated that he has not seen Mr. Kovacs' letter but has spoken to him today at length. Several issues have been resolved: 1. Street signs have finally been installed. 2. Trees were planted at the wrong time of year and did not survive. Not all have yet been replaced. Mr. Kovacs believes they have replaced most and finds this acceptable; Mr. Kelley believes they should replace all since there will be no bargaining position after Section 7 is approved. 3. There are still construction sites which need clean-up, i.e., Lot 182 on Dunleary where cement and debris has remained for two years. 4. Regarding repair of south entrance lighting, a crew has worked on this. But as of tonight, three or four lights still are not working. Some fixtures are falling over. 5. Ms. Clarke has a list of additional items where the developer has not dealt in good faith over three years. All items should be complete prior to this final approval of Section 7. He does not trust the developer to complete the items. m°-y Mr. Strip commented that the general reputation of the developer in the legal community supports Mr. Kelly's statement about his mistrust. He recommends that until all items are completed, the developer not be permitted to do further work in this community. Mr. Kelly pointed out that the issue about Lot 182 was communicated to the developer in June and he agreed to take care of this. He failed to do this. Mr. Kranstuber agreed that until the developer totally completes the commitments which were made, Council should not remove this item from the table. John Bain. Homewood Corporation, stated that at the last Council meeting four items were specified as unfinished items. All of these items have now been corrected, and Mr. Kovacs has sent a letter to Council confirming their satisfaction with the completion. He believes that Homewood has an excellent reputation as a developer and has now completed the previously agreed upon list from Council. He is not familiar with the list given by Mr. Kelly to the Planning Department. City officials have stated that the developer is in complete compliance with street tree requirements. The developer believes the lots under construction are being maintained properly. The signage issue has taken two to three years to resolve due to delays from the city in approving the type, Many items discussed are not the responsibility of the developer. He added that Mr. Kovacs and the electrical contractor have assured him that the lighting ~ is operational. Mayor Rozanski agreed that there were just four incomplete items for the developer listed by Council. Mr. Kelly's list, given to Mrs. King, is unfamiliar to the rest of Council, Mr, Strip stated that had Council known about more incomplete items, those would have been included in the list given at the meeting. This does not excuse their non-performance. He is prepared to hold up the approval for another three weeks to assure that items are all completed. Mr. Campbell asked which law firm represents Homewood. Mr. Bain responded that several represent Homewood, depending on what type of matter. At one time, it was Dunbar, Kinsel and Murphy. Miller & Dye and Squires, Sanders and RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 9 Meeting DAYTON LE AL BLANK O.. R November 16, 1992 Held 19 Dempsey both represent Homewood at this time. Mr. Campbell commented that he supports Mr. Strip's comments about Homewood's reputation in the community. He believes they need to make a conscientious effort to improve it. ~ Mr. Bain noted that tonight's discussion involves Homewood's operation as a developer, not as asingle-family home builder. He added that the developer has completed all of the items in a timely manner which the City has requested. Mr. Kranstuber expressed concern about reliance on residents of the subdivision to ensure that items are complete. He believes that staff should provide this information. Mrs. King read the list of incomplete items as submitted by Mr. Kelly to the Planning Division. Mr. Bain responded that he was given this list by Mr. Kovacs three weeks ago. Mr. Kovacs told him that it was an internal communication of the homeowners' association of several months ago. He commented that the sidewalk at the entrance and the entrance lighting were not part of the commitments made by the developer. Discussion continued about the unfinished items and the fact that Mr. Kovacs believes they are complete, while Mr. Kelly believes they are not. Other discussion followed about the lengthy process of approving the street signs. Mayor Rozanski asked who is responsible for maintenance of the entry features. Mr. Bain responded that the developer maintains the south entrance. The fences are in the right-of--way and the developer will maintain them, if necessary, as they are concerned about appearances. Mr. Kelly stated that as part of an agreement with the homeowners' association made in 1987, the developer committed to provide the same type of signage for the southern portion that was installed in the northern portion of Donegal Cliffs. Regarding Lot 182, the commitment was made as noted in the minutes of the association, and the developer has been aware of the situation for over two years. The lot was only recently sold. Mayor Rozanski stated that Council has often criticized other boards and commissions in the city for giving lists which contain omissions. Council previously asked the developer to address four issues; staff has reported that these four issues have been completed. He asked Ms. Clarke for clarification about the four open items. Ms. Clarke stated that she relied upon the letter from the homeowners' association in large part regarding the items. Mr. Lenz has told her that two lots in the subdivision have a lot of debris; this can be pursued under code enforcement. Ms. Chope has signed off on the landscaping several times; Ms. Clarke believes there are no outstanding landscaping issues. Mr. Johnson has verified that the signage has been completed. The last issue is the lighting at the entry. She has not checked into this. Mrs. King moved that the final plat for Donegal Cliffs, Section 7 be approved to be effective pending verification from staff that the entry lighting is operational. Mr. Smith stated that this would not be proper. The final plat must be approved on its own merits and not contingent upon one staff member's verification. Council cannot technically impose additional requirements if the final meets conditions of the preliminary. This is a procedural issue. Discussion followed about the mechanics of final plat approvals and the use of performance bonds to ensure completion. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 10 Meeting DAYTON LEGAL BLANK O., F RM N 1 I November 16, 1992 Held 19 Mr. Strip stated that posting bonds is not the best way to resolve this situation. He believes Council should take a vote on approval of the final plat tonight. He reminded the Mayor that this item is still tabled. m,.0. Ms. Clazke stated that this plat approval will final out the subdivision. " Mayor Rozanski asked for a motion to take this off the table. Since there was no motion from the rest of Council, Mayor Rozanski moved to take this off the table. There was no second. Mr. Campbell suggested that the civic association provide a resolution from their body that they are satisfied with the completion of items. Mayor Rozanski stated that he believes the two parties -developer and civic group -should agree on exactly what remains to be finished. Mr. Kelly commented that he had prepared the list in consultation with current and past members of the Board. There aze seven items on the list. Mr. Strip stated that it is important that the civic association, staff, and developer agree upon the incomplete items. Discussion followed about the need for an official action from the boazd of the homeowners' association to clear up the confusion. Mr. Campbell suggested that the boazd meet and reaffirm by resolution the list of remaining unfinished items. This list should be provided to Homewood, to the staff, and to Council. Mr. Kelly agreed that this would be fair. Mr. Bain expressed concern that several items may not be under the control of the developer. Mayor Rozanski stated that if he can prove this, Council will take this into consideration. Mr. Hansley noted that the Police Department has investigated the entry lights this evening, and one is working and the other is not working. He added that staff will have better direction via an official resolution of the civic association. Reports from Council Committees Mr. Sutphen announced that the Service Committee will meet on Thursday, December 3 at 10:00 a.m. Mr. Cam bell Plannin & Zonin ,noted that there was an issue raised regarding the flooding problems of the Beaz Run and North Fork of Indian Run area. This may be sent to the Service Committee. He suggested that this be investigated more thoroughly before a lot of monies are expended. Mr. Foegler responded that staff concurs. This issue will be discussed with the Service Committee for recommendation back to Council. Mr. Hansley added that Service Department crews have looked at the azea to remove any large debris which could contribute to flooding. Nothing substantial has been found. The City cannot, however, enter private property to remove debris. Comments from Staff Mr. Foegler stated that the City Engineer and the Police Chief have looked at the proposal RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 11 Meeting DAYTON LEGAL BLANK R November 16, 1992 Held 19 for traffic movement on Tuller Road made by Ms. Williams. Because of safety concerns, they do not believe her proposal is feasible. They are looking at ways the City could help her communicate the alternate routes to her clients. The Bridge and High improvements will be completed in two weeks and this will significantly reduce the westbound traffic congestion on 161. Mr. Kindra reported that Wilcox Road has now been opened to traffic. Ms. Jordan noted that Parks & Recreation will soon be forwarding to Council a study regarding pool attendance for the past summer. Ms. Puskarcik stated that Matthew Marx is the new reporter assigned to Dublin by the Columbus Dispatch. He will cover Dublin, Worthington, and Pickerington. Staff will meet with him this week. She also asked if any other Council members have comments regarding the proposed tree lighting date for December 2. Mr. Kranstuber and Mayor Rozanski both agreed that she should proceed as planned. Mayor Rozanski welcomed Mr. Marx to Dublin. Mr. Lenz reported that a meeting is scheduled with residential contractors on Wednesday morning. He invited Council members to attend. There will be a commercial contractors meeting next Wednesday. Council Roundtable „ Mr. Campbell stated that, though he didn't realize it at the time, Council was doing Mr. Marx a favor tonight by engaging in verbal volleyball - it must have made him feel like he was back on the sports beat! Mrs. Kine asked for clarification about where Pinney Road is located. Ms. Clarke stated that Pinney Road is a private street which extends back between Metro Center and the properties to the south. The city has asked for the cooperation of adjacent property owners to take this road out of service. She recalls that Prudential Insurance which owns the site next to Metro V has stated that they intend to use Pinney Road as a haul road when the next major building in Metro Center is constructed, and are not willing to cooperate by taking the road out of service. Mrs. King also noted that Council has been given a copy of the letter from Delaware County Commissioners inviting the City to the public meeting of the water task force. She requested that a representative be sent from the City staff. Mr. Hansley stated that staff plans to have a representative attend. Mr. Kranstuber asked about the status of the issues he raised about signage at the Kroger shopping center. He wondered about the process for staff's response. Ms. Clarke stated that she had a memorandum from Dave Marshall dated November 9 which she had planned to include in Council packets. She reported that one of the neon signs has a valid permit; the other two were sent violation notices and have been turned off. Regarding the COTA sign, it is installed within the city right-of--way and is considered exempt under the sign code, as it is a traffic sign for public transportation. Mr. Hansley commented that, depending upon the issue raised, staff responds in writing to all of Council via the packet. He and the clerk try to keep track of issues raised which require staff response. Sometimes staff will respond to the individual Council member by telephone. It depends on the type of issue which has been raised, and whether the rest of Council has an interest in the response. Staff's goal is to respond within two weeks. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 12 Meeting DAYTON LEGAL BLANK CO., F RM N I November 16, 1992 Held 19 Mr. Stria conveyed his "sympathy" to Matthew Marx. His other ovemding concern for the rest of the week is to "Beat Michigan. " Mr. Amorose moved to adjourn to Executive Session to discuss personnel and pending ~ litigation matters. Mrs. King seconded the motion. Vote on the Motion -Mayor Rozanski, yes; Mr. Strip, yes; Mr. Sutphen, yes; Mr. Amorose, yes; Mr. Kranstuber, yes; Mr. Campbell, yes; Mrs. King, yes. Mayor Rozanski announced that the meeting is adjourned and no action will be taken in Executive Session tonight. The meeting was adjourned at 10:30 p.m. Presiding Offi ~~~~c~ Clerk of Council w . „