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HomeMy WebLinkAbout10/21/1996 RECORD OF PROCEEDINGS Minutes o~ublin City Council Meeting Page 1 Meeting DAYTON LEGAL BLANK CO., FORM NO. 7014 October 21, 1996 Hela 19 Mayor Kranstuber called the work session of the Dublin City Council to order at 7:00 p.m. on Monday, October 21, 1996. Staff Comments Mr. Iianslev reported that the Public Information/Special Events division was recently recognized by 3CMA with The Savvy award for the Dublin video, The Savvy Award of Excellence for the annual report, and the Prism award from the Columbus Chapter of the Public Relations Society of America for the Dublin video. Ms. Grigsbv noted that the operating budget document for 1997 is being prepared at this time for introduction at the November 4 Council meeting. The Finance Committee has set budget hearing dates of October 31, November 6, November 13 and a fourth session if needed on November 21. The formal session of the Dublin City Council meeting was called to order at 7:10 p.m. Mr. McCash led the Pledge of Allegiance. R 11 11 Council members present were: Mayor Kranstuber, Mrs. Stillwell, Mr. Campbell, Mrs. Boring, Mr. Zawaly, Ms. Hide Pittaluga, and Mr. McCash. Staff members present were: Mr. Hansley, Mr. Smith, Ms. Grigsby, Mr. Harding, Ms. Clarke, Mr. Kindra, Mr. Lenz, Mr. McDaniel, Ms. Jordan, Lt. Geis, Mr. Hahn, Ms. Crandall, and Mr. Coleman. Annroval of Minutes of October 7,1996 Meeting Mr. Campbell moved approval of the minutes as submitted. Mayor Kranstuber seconded the motion. Vote on the motion - Mr. Zawaly, yes; Mr. McCash, yes; Mrs. Stillwell, yes; Mr. Campbell, yes; Mrs. Boring, yes; Ms. Hide Pittaluga, yes; Mayor Kranstuber, yes. Correspondence The Clerk reported that no correspondence had been received requiring Council action. Comments from Visitors Wallace Maurer 7451 Dublin Road noted his continuing concern with Section 3.06.(d)of the Revised Charter regarding adjourning to executive session for matters other than those provided under state law. He noted that Worthington's Charter is more restrictive in its language. He asked if an ordinance has been considered to expand the topics for executive session. Mr. Zawaly responded that if and when Council introduces an ordinance to expand the topics for executive session, there will be a notice in the paper of the first reading, and a public hearing for citizen input. At this time, no ordinance has been introduced to expand the executive session topics. He offered to meet with Mr. Maurer to explain the Revised Charter provision in more detail in an effort to increase Mr. Maurer's understanding of the provision and its ramifications for Dublin. ,,,r Pat Adams, 5713 Grantham Lane stated that she has resided in Dublin for one week. She is ~ here to express her concerns about the bikeway which runs adjacent to her property in Trinity Park. In her opinion, a bikepath should be an invitation to a parkland, not an invasion of privacy to the homeowners whose lots abut the path. The bikepath is 7 to 10 feet from her master bedroom suite and 5 feet from her neighbor's bathroom window. Mr. Hansley responded that the final plat for this subdivision has been approved by Council. The bikepath location is shown on the plat so that potential buyers are aware of the location prior to purchasing a lot. In this case, the residents requested that a narrower concrete path be installed instead of the standard asphalt path. The City has met the residents' request for the concrete, narrower path. Staff is following the adopted policy which provides numerous bikepath access points so that the system is interconnected. RECORD OF PROCEEDINGS Minutes o~ublin City Council Meeting Page 2 Meeting DAYTON LEGAL BLANK CO.. FORM NO. 1014 October 21, 1996 Held 19 Stacey GarneB, 5690 Wilcox Road stated that the bikepath is 5 feet from their house and is an eyesore. The builder did not tell them of the bikepath location prior to their purchase of the lot. His understanding is that the bikepath on the plat is a guideline and that the City has discretion on whether or not to install the path. He will have personal liability due to the proximity of the path to his property. There is also a utility box located adjacent to the path and this will be dangerous to those using the path. Mayor Kranstuber clarified that the final plat is not aguideline - it is the legal document that specifies the locations of easements for utilities, lot lines, etc. The final plat has already been approved by Council and recorded for this subdivision. Mr. Zawaly and Mr. Campbell agreed. Ms. Clarke noted that the section in question connects the major bikepath along Wilcox Road to the subdivision. Following discussion, Mrs. Stillwell moved to refer this matter to the Public Services Committee for review in the context of the general discussion of Council policy regarding bikepaths. Mr. McCash seconded the motion. Vote on the motion - Ms. Hide Pittaluga, yes; Mrs. Boring, yes; Mrs. Stillwell, yes; Mr. Zawaly, no; Mayor Kranstuber, yes; Mr. McCash, yes; Mr. Campbell, no. Motion carried 5-2. Lee Grabill 5242 Willow Grove Place N. stated that the residents of Willow Grove are frustrated with the slow progress in the widening project for Coffman Road. The residents had been told that the project would be completed by the end of September, yet the blacktop is yet . to be laid and the utility poles are still standing. The residents are concerned that if the paving is not done soon, that the weather will delay paving until spring. ~ Mr. Hansley stated that the blacktop is to be laid early next week. The contractor is waiting for AEP to remove the utility poles before the work can continue. Mr. Kindra added that the target date for completion of the project is the end of November. The work has been constant on the project; however the AEP utility pole portion has been delayed. Following discussion, Mayor Kranstuber noted that he would like to review the contract for the project, especially the damages clause. Mr. Campbell comments that he drives Coffman Road everyday and shares the residents' frustration. There has been little work done in the past weeks, and in view of the fact that Council allocated $400,000 for the utility line burial, someone should call the utility company to find out why there has been a delay. Mayor Kranstuber asked that staff prepare an update for Council on the status of this project and copy Mr. Grabill. Mr. Grabill invited Council members and staff to attend the Willow Grove Civic Association board meeting on Monday, October 28 at 7 p.m. and relay the information to the group. Council Round Table Ms. Hide Pittaluga: 1. Offered her congratulations to the Dublin Division of Police for the very complimentary article in the Good Housekeeping magazine. 2. Attended the Town Meeting sponsored by Channel 10 and was impressed with the level of pride in the community expressed by local residents and business leaders. 3. Noted a letter was forwarded to Council by Dr. Kazuo Yamauchi about City Councils in Japan. They hold two types of sessions -regular and extraordinary. Japan's extraordinary Council sessions are by nature "convened without limit", and Dublin's Council meetings are often "extraordinary" as well in view of their length! Mr. ZawalX;. 1. Congratulated the Police Division for the national magazine commendation and praised Mr. Hansley for the intense efforts generated from the highest level of government which led to this honor. RECORD OF PROCEEDINGS Minutes o~ublin City Council Meeting Page 3 Meeting DAYTON LEGAL BLANK CO.. FORM NO. 1014 Held October 21, 1996 19 2. Noted that a letter had been sent by the Richard Deringer family of Old Pond Drive, Dublin praising the Police Department for their high standing in the suburban police department ratings done by Good Housekeeping magazine. 3. Commented that the draft of Council communication pieces forwarded by Ms. Puskarcik did not incorporate the Revised Charter changes. He will forward his ~ changes to Ms. Puskarcik. Mr. Campbell: 1. Commented that the national recognition given to the Police Division in Good Housekeeping is well deserved, based on his dealings with the division over the past years in Mayor's Court. 2. Noted that several years ago he had suggested moving "Citizen Comments" from the end to the to the beginning of the meeting agenda, and Council modified their rules to do so. He reminded those present that Council does try to accommodate citizens who want to bring an issue before them, even though the regularly scheduled agenda items are often delayed in order to allow the citizens a forum in which to address Council. Mr. McCash stated that he concurs with the comments made by other Council members in praise of Dublin's Police Division. Mrs. Boringi. 1. Noted that she, too, was pleased with the positive comments made about the Dublin Police. 2. Reported that she attended the OCLC new building dedication on the City's behalf and looks forward to their continued growth in the City of Dublin. Mrs. Stillwell: 1. Joined other Council members in congratulating the Police division on the national magazine coverage. She has worked closely with the Police division in the Mayor's Court area and has been impressed with the skill and expertise of the officers. 2. Noted that she would welcome ideas from Council members for projects for the Leadership Dublin participants. She has forwarded a letter to Council and staff in this regard. Mr. Hansley added that the national accreditation achieved by the Police division was an effort initiated by a former Council member which was adopted as a Council goal. Proclamation Mayor Kranstuber presented a proclamation to the Dublin Women's Tennis Team who enjoyed an undefeated season in the Columbus Tennis Association and won the championship. The team members presented the trophies to the City to be housed at the Recreation Center. TABLED ORDINANCES Ordinance No. 55-96(Amended) - An Ordinance Providing for a Change in Zoning for 22.573 Acres Located on the North Side of Post Road at the Franklin/Union County Line, from: R-1, Restricted Suburban Residential District, to: PUD, Planned Unit Development District. (Gorden Farms) (Third reading tabled until October 21, 1996) (Applicant: State Street Realty c/o Bill Adams, 5126 Blazer Parkway, Dublin, OH 43017; and Casto Communities, c/o William J. Riat, 209 E. State Street, Columbus, OH 43215) Ms. Clarke stated that a revised text dated October 15, 1996 was submitted based on comments made at the public hearing. The text changes relate to maintenance provisions requested by area residents. She asked that Council in their motion amend the ordinance to include the revised acreage and the text of October 15, 1996. Mayor Kranstuber then called for discussion among Council members prior to the vote on the ordinance. Mr. Campbell stated that he is now satisfied that the land use is appropriate. He emphasized, however, that the landscaping/buffering commitment is a m~'or factor in his approval. The landscaping/buffering must be extraordinary due to the adjoining nature preserve and nearby RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 4 Meeting DAYTON LEGAL BLANK Held October 21, 1996 19 neighborhoods. He is satisfied with the additional condition that the applicant has agreed to that the buffering in the final development plan is subject to Council review. He cautioned the developer that Council will not be sympathetic toward an argument that, "We have come this far to the final development plan stage, and you cannot disapprove this now." His approval is based on the developer's willingness to satisfy Council's and the neighborhood's concerns about adequate buffering at the time of the final development plan. Ms. Hide Pittaluga suggested that Dublin adopt enhanced architectural standards for condominium and apartment projects and invited those present to participate in this effort. The current zoning code does not allow for flexibility in introducing other types of development, including fee simple ownership. She has reviewed this project extensively and cannot support it since she believes it is not the highest and best use of the land. Mr. McCash stated that he has had extensive discussions with Mr. Riatt on this project. In terms of the architectural interest, the buildings remain two-story rectangular boxes. The architecture and building layout need to be taken to the next level. He does believe that single family use is unlikely due to the size of the site. Office use would result in additional storm water runoff and potentially impact the Red Trabue nature preserve. This is a transitional zone, and he is uncomfortable with changing the zoning until the Community Plan is completed. It is not the best use for the land, but it is not the worst use either. Mr. Zawaly stated that when he met with the developers last week, he was given the impression that the neighborhood issues had been resolved. Contrary to that understanding, the October 14, 19961etter from the Lowell Trace Civic Association, namely Jim Renard, President; Steve Seggebruch, Vice President; Tim Wilcox, Secretary; and Glen Noggle, Treasurer, expresses continuing concerns about density, land use, nature preserve impact, landscaping, etc. which he shares. Therefore, he will vote against the rezoning. Mrs. Stillwell stated that the updated Community Plan would help give additional guidance to Council in this case. She is convinced that neither single family nor suburban office are appropriate uses in this location. The next best use is multi-family as proposed in this plan. The buffering issue has been her major concern, and the City should hold the developer accountable to the representations and commitments made in this regard. Mrs. Boring stated that she understands Mr. Zawaly's concern about some of the issues. She noted that the developer has cooperated by addressing the neighbors' concerns and has agreed to Council's review of the final development plan. She believes the 600 foot setback is a real plus with this development. She is satisfied that the single family use would not be appropriate. She supports the Planning Commission's recommendation regarding buffering, Mayor Kranstuber indicated that he is satisfied with the applicant's commitment to final development plan review by Council and believes that buffering is the major issue. Mrs. Stillwell moved approval of the ordinance, including the text dated October 15, 1996 and the amended acreage and legal description, subject to the conditions appended by the Planning Commission, with the additional condition that the final development plan be subject to Council approval, including but not limited to the buffering and landscaping, following Planning Commission's review. ~,a.:, Mrs. Boring seconded the motion. Vote on the motion -Mrs. Stillwell, yes; Mr. McCash, no; Mr. Zawaly, no; Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. Campbell, yes; Ms. Hide Pittaluga, no. (Ordinance approved 4-3) Ordinance No. 91-96 - An Ordinance Authorizing the City Manager to Enter into an Agreement Leasing a 3.780+/- Parcel on Blazer Parkway, Dublin, Ohio to Washington Township. (Second reading/public hearing tabled until October 21, 1996) Mr. Hansley stated that negotiations are continuing and he would recommend tabling this until November 4. Mr. Zawaly moved to table the public hearing/second reading of the ordinance until November RECORD OF PROCEEDINGS Minutes o~ublin City Council Meeting Page 5 Meeting DAYTON LEGAL BLANK CO.. FORM NO. 1014 Held October 21, 1996 19 4, 1996. Mr. Campbell seconded the motion. Vote on the motion -Mrs. Stillwell, yes; Mayor Kranstuber, yes; Mr. McCash, yes; Ms. Hide Pittaluga, yes; Mrs. Boring, yes; Mr. Campbell, yes; Mr. Zawaly, yes. PUBLIC HEARING & SECOND READING -ORDINANCES Ordinance No. 72-96 - An Ordinance Providing for a Change in Zoning for 10.214 Acres of Land Located on the Southwest Corner of Parkcenter Circle and Blazer Parkway, from: PCD, Planned Commerce District, to: PCD, Planned Commerce District. (Marriott at Tuttle Crossing) (Applicant: Winegardner & Hammons, Inc., c/o Mark M. English, 4243 Hunt Road, Cincinnati, OH 45242; and Multicon Builders, Inc., c/o John C. Fergus II, 500 South Front Street, Suite 770, Columbus, OH 43215. Registered as proponents of the rezoning were: Harold Hanley, 5521 Dublin Road; George Allen, 5605 Dublin Road; Jack Chaisson, 5645 Whitecraigs Court; John Fergus, 500 S. Front Street; Clay Rose, 5177 Ashford Road; Lee Beall, 331 Pebble Creek; David Wolfe, 5900 St. Fillian's; Midge Karrer, 187 S. High Street; Jim Wisler, Muirfield Tournament Director; Dan Sutphen, 5832 Leven Links Court; Mary Vickers, 4747 Bridle Path; Pam Strouth, 4614 Tuttle Road; Todd Zimmerman, 5682 Kentfield Drive; Larry Eberhart, 7078 Dublin Road; Sos Codispoti, 5602 Braeside Court; Dale Saylor, 5416 Aryshire; Don Hunter, 6970 Shady Nelms Drive. Registered as opponents were: Larry Frimerman, 63 S. Riverview; Tim Lecklider, Wyndham Village Homeowners Association; Ray Ortiz, 7798 Brandonway Drive; Rich Gomez, 4157 Hertford Lane; Amy Salay, 5789 Gaelic Court; Matt Bonahoom, 5711 Chatterfield Drive; and Ruth Reiss, 5930 Berkshire Court. , Ms. Clarke gave a staff presentation regarding the rezoning with slides of the site and surrounding area. The area is currently zoned office or hotel use. Text changes are needed to the Tuttle Crossing rezoning text to accommodate the increased density from 18,000 to 20,800 square feet per acre, to reduce the rear yard setback from 25 feet to 5 feet, to relocate the water feature, and to add signage in excess of what is permitted by the Tuttle Crossing text and by Dublin's sign code. The proposed text includes 200 foot signs on the north and south elevations; 147 square feet on the west; and a granite logo only on the eastern elevation. The ground signs on the site will comply with the three-color maximum. She noted that the City Manager and Development Director have been working through the issues with the developers over the past year. The Edwards Company reached an agreement with the Llewellyn Farms residents last fall regarding a liquor permit for this site. The developer made a commitment in writing to the residents to make use of the liquor permit only for a high quality, full service hotel, such as the Marriott facility. The applicant has met throughout the summer with a group of neighborhood representatives from Llewellyn Farms to work on the issues. Several Council members were also involved in this process. She commented that the 10.2 acre site is a large site for a hotel, and if this text change is not approved, several other smaller hotels could be accommodated on the site. She emphasized that this proposal is for multiple uses, including a hotel, conference center and restaurant and thus there is an increased need for identification through signage on the site. There has been an amendment to the text subsequent to the Planning Commission hearing to eliminate a 300 foot ground sign. Staff has recommended disapproval of the proposed sign amendments to the Tuttle Crossing development text because they are not consistent with the existing City sign regulations and policies as established by City Council. The applicant has amended the sign package substantially from the earlier submittals, reducing the amount of signage requested. Staff does, however, support the building density, rear yard and water feature revisions requested by the applicant, as outlined in the staff report. Ms. Clarke noted that the motion at Planning Commission to approve the application failed. A second motion regarding a recommendation about the signage was approved by the RECORD OF PROCEEDINGS Minutes olDublin City Council Meeting Page 6 Meeting DAYTON LEGAL BLANK CO., FORM NO. 10148 October 21, 1996 Held 19 Commission. Should Council approve this application, staff will give direction to future applicants based upon Council's justification in this case. The issue is one of adherence to development standards previously established. Discussion followed about whether this application comes to Council from Planning ,~.:.w Commission with a recommendation against approval or with no recommendation. A recommendation against approval would require 5 votes of Council to override and 4 votes of Council would be required to approve an application which comes from Planning Commission without a recommendation. Mr. Smith stated that the current practice at the Planning Commission is that a motion to approve which fails is considered to be a recommendation against approval. John Ferg,~s, 500 S. Front Street, representing the applicant, showed current renderings of the signage for the site. The sizes were determined on the amount needed in the viewing corridor as determined by their consultant. Identification is extremely important is bringing walk-in travelers to the hotel, and the walk-in traffic is a critical element for the success of the hotel. The Cincinnati Marriott is comparable in size and currently experiences a 12 percent walk-in trade. He emphasized that they are requested a text change to a PUD, and not a Code change. He noted that concessions have been made by the developer in giving up signage they are entitled to under the current Tuttle Crossing text. He emphasized that this project will be "Dublinized" in the same way that the Perimeter Center has been. It will be a high quality project with great design, materials, management and landscaping. He asked for Council's support of this project. , Mayor Kranstuber proceeded to take testimony from those in favor of and opposed to the project. Larry Frimerman, 63 S. Riverview stated that he has concerns about the precedent setting nature of relaxing Dublin's sign code, especially in view of the location along 270. Adequate identification for the hotel will exist on the freeway exit. He urged Council to minimize the impact of the signage on the neighbors. Harold Hanley, 5921 Dublin Road stated that he has offices at 211 Bradenton. He has no concerns with the enlarged signage. Dublin needs hotel accommodations for its businesses, and he would like to see this first quality hotel in Dublin. Tim Lecklider, 63 Worsham WaX stated that he is not totally opposed to the project, however the signage issue is significant. It will have long-range impact. He believes that the vast majority of hotel visitors are not impulse visitors. The Columbus Marriott does not have illuminated signage. The Tuttle Crossing exit signage will have blue trailblazer signage which is adequate to direct traffic to the hotel. The Perimeter Center BP has succeeded without signage. The location of the hotel will ensure its success, not the signage. Geor eg Allen, 5605 Dublin Road stated that it would be a shame not to approve this zoning ,.M change. The developers have made every effort to minimize the impacts on the surrounding neighborhoods. Ray Ortiz, 7798 Brandonway Drive stated that he was involved in the visioning sessions held for the Community Plan update. All of those involved wanted no proliferation of signage. He asked that Council consider Planning Commissions's recommendation and disapprove this text change. Jack Chaisson, 5645 Whitecrai sg Court stated that he represents the Board of Directors of the Dublin Chamber of Commerce. They advocate approval of the project and believes that compromising on the signage is in Dublin's best interests. Dublin needs convention space. If this is approved, Dublin will have a convention site and the bed tax and property tax revenues. If an alternative site is selected nearby in Columbus, Dublin will have the traffic but none of the RECORD OF PROCEEDINGS Minutes o~ublin City Council Meeting Page 7 Meeting DAYTON LEGAL BLANK CO., FORM NO. 1014 October 21, 1996 Held 19 tax revenues. He encouraged Council to approve this ordinance. Rich Gomez, 4157 Hertford Lane stated that he had originally worked on the liquor option for the area. He has issues with the signage, however, particularly the 78 foot height of the signage. If the Marriott is allowed this type of signage, what will other hotels ask for? He b believes that Dublin has more to offer the Mamott than Columbus. Council should give consideration to the citizens to the west of the area and stick with the Code. Cla~on Rose, 5177 Ashford Road stated that he represents the Dublin Convention and Visitors Bureau. Dublin needs more hotel capacity and quality hotel rooms. This would provide additional rooms and approximately $300,000 additional bed tax dollars each year. A site in Columbus would also have to be serviced by the DCVB yet Dublin would have none of the revenues. The signage is necessary to identify the hotel to visitors. He encouraged Council to approve this text change. Lee Beall, 331 Pebble Creek Drive stated that he is a Waterford Village resident and President- elect of the Ohio Society of CPA's. There is not adequate meeting space available in Dublin for the CPA group. The Marriott will bring the type of visitors Dublin wants to bring - business people and potential new businesses. The signage concessions requested are very fair. He emphasized that Columbus has different standards for signage. There is no lighted signage on the east side in deference to the neighbors' requests. He urged Council to support this amendment. Dave Wolfe, 5900 St. Fillian's stated that he is past president of the Dublin Chamber of Commerce. He urged Council to support the business community by approving this project. He is a lifelong resident of Dublin and would like to see this conference hotel built in Dublin and not in nearby Columbus. Mildred Karrer, 167 S. High Street stated that to travelers, signage is very important. The bed taxis also very important to Old Dublin where the dollars have been used to provide street lighting and other improvements. Jim Wisler, 315 Clover Lane stated that he is the Director of the Tournament at Muirfield Village Golf Club. There are not enough fine, full-service hotels in Dublin to accommodate the Tournament visitors. The patrons must go elsewhere to stay. The business travelers look for signage in the sky to identify their hotels. He encouraged Council to approve this zoning. Ruth Reiss, 5930 Berkshire stated that she represents Citizens for Dublin. They recommend that Council reject the sign portion of this application. The signage is a city-wide issue and the residents voiced their opinions during the visioning sessions held in March of 1995. Approval of this text change would be the beginning of a visual junkyard in Dublin. She urged Council to turn down the signage portion of this application and adhere to Dublin standards. Dan Sutphen, 5832 Leven Links Drive stated that he was not at the Planning Commission for F the hearing on this matter. He urged Council not to turn this high quality hotel and conference center away over a small amount of signage. It represents a $28 million development for Dublin, and it will be built in Columbus if Dublin does not approve it. Mary Jean Vickers, 4747 Bridle Path Court stated that she has been a participant through all of the negotiations on the signage. The signage is within scale, and the development will bring many benefits to the community. Amy Salav. 5789 Gaelic Court, Heather Glen noted that she is concerned with the signage portion of the application. She prefers that the western sign not be illuminated. If the Convention Bureau has so much of a demand for hotel space, there is no need to have an illuminated sign -people will find the hotel without a lighted sign. She would like to have the conference center in Dublin and asked Council to help negotiate changes to the signage requested. RECORD OF PROCEEDINGS Minutes o~ublin City Council Meeting Page 8 Meeting DAYTON LEGAL BLANK CO.. FORM NO. 10148 Held October 21, 1996 19 Pam Strouth, 4614 Tuttle Road stated that she walks through the Llewellyn Farms area daily and does not believe the signage will impact the neighborhoods. It is important to have adequate signage for such a facility. She urged Council to vote in favor of the project. . Matt Bonahoom, 5711 Chatterfield Drive stated that if Council votes in favor of this project, they will be abandoning the current Dublin sign code. Staff has recommended against this application. The sign code currently in place is the Dublin standard. He urged Council to vote against this project. Todd Zimmerman, 5682 Kentfield Drive stated that he is opposed to the height of the signage. He encouraged Council to disapprove this rezoning. Larry Eberhart, 7078 Dublin Road relinquished his time to the Chamber. Dale Saylor, 5416 Aryshire Court relinquished his time to the Chamber. dos Codispoti, 5602 Braeside Drive, Llewellvn Farms stated that the negotiations with the residents took place over a period of a year. He hopes that Council does not allow tonight's opposition to influence their decision, as it will impact future negotiation processes between civic associations and developers. He supports retaining the right to negotiate with the developers. He asked that Council support the process and the project and to keep the Marriott in Dublin. Don Hunter, 6970 Shady Nelms Drive stated that he is with Duke Realty who owns 3 properties surrounding this site. This high quality conference facility will help to attract more quality economic development to Dublin. He urged Council to approve this proposal. Mayor Kranstuber then called for comments from Council. Ms. Hide Pittaluga commented as follows: 1. She thanked the residents and the business community for their efforts in negotiating this proposal. Dublin will be proud to have a Marriott Hotel. 2. The issue here is of first impression for Dublin, and achieving a balance between the community interests and economic development goals. 3. Tuttle Crossing is a planned commerce district, so the sign package would not set a precedent for the entire City. 4. She encourages the Marriott to create understated signage to minimize its impact on the residents while still identifying the hotel. 5. She is not willing to decline this application over a single piece of signage. The applicant has made many concessions in this area, and the different uses within the development require extensive signage due to the large size of the development. 6. It is important for the hotel to have signage to attract travelers from I-270. Mr. Zawaly stated: _ 1. He came to Council tonight approaching this public hearing, as all others, with an open mind. 2. He has listened carefully to all positions stated by the speakers tonight. 3. He was most persuaded by the comments made by Ms. Vickers and Mr. Codispoti regarding upholding the integrity of the process engaged in by the neighborhoods and the developers, and that the opposition to the Marriott should not be allowed to "invalidate the process". 4. He has taken note of the petition filed by 140 Llewellyn Farms residents in favor of the rezoning, as well as several letters from prominent members of the Dublin community. 5. The developers and Marriott have made several compromises and concessions regarding pylon signage, etc. 6. He does not believe approval of the rezoning would establish bad precedent, but instead would establish good precedent because the process worked to eliminate illuminated signage toward residents. RECORD OF PROCEEDINGS Minutes o~ublin City Council Meeting Page 9 Meeting DAYTON LEGAL BLANK CO.. FORM NO. 1014 Held October 21, 1996 19 7. This rezoning does not constitute an assault on Dublin's sign code, but rather is a zoning text matter only. 8. He will cast his vote in favor of the rezoning. Mr. Campbell stated: 1. He has participated in creating and maintaining Dublin standards with past and current Councils. There is no reason not to trust future Councils to maintain those standards. 2. There were compelling arguments from the proponents in this case. 3. The economic development which has been brought to Dublin was the result of hard work, and because of that development, Dublin has a sound financial base for the future. This conference/hotel facility will be a major quality of life improvement for the City, as are the parks and the Recreation Center. 4. This project reaffirms Dublin's standards for high quality development, and he is confident that the Dublin standards are not being diluted. 5. This is one of those crossroads opportunities for Dublin; he feels it is the right thing to do at this time. Mrs. Stillwell commented: 1. She is extremely proud of the level of dialogue among the residents, the City and the developer which has taken place tonight and over the past year. 2. The issue is one of balance of the competing interests. She has heard and understands the concerns of the surrounding residents. 3 . Council must do what is best for Dublin, and Dublin needs a high quality hotel from which economic development will certainly follow. 4. She does not believe a precedent is being set in this adjustment to the text, and future development issues will be judged on their own merits. Mrs. Boring stated: 1. She has participated in all of the meetings of Planning Commission on this matter and discussed the issues extensively with staff and the residents. 2. Her concern is with 625 square feet of wall signage and 203 square feet of ground signage. The I-71 Mamott does not have 3 signs. 3. Green space in Dublin is enhanced with strict adherence to the sign code. She does not want Dublin to have the appearance of the Columbus portion of Sawmill Road. 4. High standards attract quality development and these standards should not be compromised. 5. She would like the west sign to be a granite sign as is the east sign. 6. The services Dublin has to offer are very high quality and for these reasons, the hotel owners will prefer the Dublin site over a Columbus site. 7. The development process was very streamlined in this case. She urges the applicant to continue to work with the residents and the City on a compromise for the signage issue. Mr. McCash commented: 1. This is not an easy decision, and he has studied the issues very carefully. 2. In checking the deed restrictions for the Tuttle Crossing text, he notes that no additional budget hotels can be constructed, but the Marriott site is excluded from this provision. A budget hotel may be willing to pay more to locate on this site. 3. He cannot envision this development on the available Columbus site and does not believe this is a viable option for the applicant. 4. The Cincinnati Marriott hotel may have a 12 percent walk-in rate, but that hotel is likely not located in a tax abatement area as is the Tuttle Crossing site. 5. Other buildings which will be built along I-270 on the Thomas Kohler property will block the view of the hotel from the residents west of I-270. 6. He emphasized that this is not a zoning change, but a change to the zoning text. 7. This site located inside of I-270 will have more of a visibility problem than a site on the outside of 270 because of the field of vision around the curve. 8. He does not believe approval of this project will reduce Dublin's high standards. RECORD OF PROCEEDINGS Minutes o~ublin City Council Meeting Page 10 Meeting DAITON LEGAL BLANK CO. FORM NO. 1014 Held October 21, 1996 19 Mayor Kranstuber stated: 1. The signage is an important issue, and he does not believe this text change will undermine the current Dublin sign code. 2. The hotel and conference facilities are needed to support the businesses in Dublin and will be an important factor in attracting economic development. 3. The hoteUmotel taxes generated by this facility will enhance the City's tax base and the quality of life for residents. 4. The signage is appropriate to the building sizes as demonstrated by Mr. Fergus with the renderings. 5. The process of review has been very fair, with all parties involved in the negotiations. He agrees that Council should avoid undermining the process of negotiation which has taken place between the developer and the neighborhoods. Mr. Zawaly noted that the legal principle of precedent requires the same facts and circumstances. He then moved approval of the ordinance on the basis of the following facts and circumstances: this Mamott project is a full service, 211,000 sq. ft., 303 room hotel, offering full restaurant, meeting, banquet and lodging facilities within a planned commerce district, surrounded by large office buildings, adjacent to the Columbus property line, with architecturally integrated signage, on a seven story brick, one-of-a-kind structure, that has only limited views of the expressway, and where the developer is conceding comparable signage, i.e., 600 sq. ft. of illuminated pylon signage for 557 sq. ft. of illuminated wall signages. Mr. Campbell seconded the motion. Vote on the ordinance - Ms. Hide Pittaluga, yes; Mrs. Stillwell, yes; Mr. McCash, yes; Mr. Zawaly, yes; Mrs. Boring, no; Mayor Kranstuber, yes; Mr. Campbell, yes. INTRODUCTION & FIRST READING -ORDINANCES Ordinance No. 95-96 - An Ordinance to Provide for Tree Preservation in the City of Dublin. Mr. McCash introduced the ordinance and moved that it be referred to the Community Development Committee of Council and the Tree and Landscape Advisory Commission for concurrent review and recommendation. Mrs. Boring seconded the motion. Vote on the motion -Mayor Kranstuber, yes; Mr. Campbell, yes; Ms.Hide Pittaluga, yes; Mrs. Stillwell, yes; Mr. McCash, yes; Mrs. Boring, yes; Mr. Zawaly, yes. Ordinance No. 96-96 - An Ordinance Providing for a Change in Zoning for 2.6871 Acres of Land Located on the Southeast Corner of Avery-Muirfield Drive and Post Road, from: LI, Limited Industrial District, to: SO, Suburban Office and Institutional District. (City Council initiated rezoning) Ms. Hide Pittaluga introduced the ordinance and moved to table it until November 18 in order to honor the decision of the electorate on November 5. Mr. Campbell seconded the motion in order to allow for discussion. Mr. McCash commented that he will abstain from any discussion on this matter and vote as he has previously done in regard to the SuperAmerica rezoning. Ms. Hide Pittaluga stated that it is important for voters to understand the rezoning matter upon which they are voting on November 5. She then provided a history of the SuperAmerica parcel rezoning, stating that Council had defeated the rezoning proposal by SuperAmerica in January of 1996 and had subsequently directed staff to initiate aCity-sponsored rezoning to the appropriate office use classification. Prior to staff's report back to Council and action on a City-sponsored rezoning for the parcel, SuperAmerica circulated an initiative petition to rezone the site for the uses previously proposed. At this point, the issue is one of clarity for the voters. It is the intent of Council to rezone this parcel to an office use; however, Council recognizes that they must honor the outcome of the election on November 5. She noted that she has become aware of additional issues brought forward in the litigation filed regarding the RECORD OF PROCEEDINGS Minutes o~ublin City Council Meeting Page 11 Meeting DAYTON LEGAL BLANK CO.. FORM NO. 1014 Held October 21, 1996 19 initiative, and for this reason, she believes it is appropriate to introduce this legislation at this time but to table any action until after the election. Discussion followed, and several Council members indicated their concerns about the appropriateness of the timing of the introduction of this ordinance in view of the pending ~ election. Council members noted that there had been consensus not to take further action on rezoning this parcel until after the election. Mayor Kranstuber called the question. Vote on the motion - Mr. McCash, abstain; Mr. Zawaly, no; Mrs Boring, no; Mayor Kranstuber, no; Mr. Campbell, yes; Ms. Hide Pittaluga, yes; Mrs. Stillwell, no. (The motion was defeated) Ordinance No. 97-96 - An Ordinance Amending the Annual Appropriations for the Fiscal Year Ending December 31, 1996. Mayor Kranstuber introduced the ordinance. Ms. Grigsby noted that a memo outlines the various appropriations contained in the ordinance. There is a typographical error in Section 3 -the amount should be $37,400 for account 40-03- 2550. This will be corrected prior to the next reading There will be a public hearing and second reading of the ordinance at the November 4 meeting. Ordinance No. 98-96 - An Ordinance Adopting a New Compensation Plan for the City of Dublin. Mrs. Stillwell introduced the ordinance. She stated that the ordinance reflects the results of a comprehensive compensation and classification study undertaken by the City with the Public Administration Services consulting group. Council has had several Administrative Committee and Committee of the Whole sessions to discuss the results of the study. The ordinance also provides for an adjustment of Council members' compensation. Mr. Harding noted that he will provide amended language for Section 2(c) prior to the next reading to further clarify this portion of the ordinance. He will also amend the title to reflect all of the amendments to the 1993 compensation plan by ordinance number. There will be a public hearing and second reading of the ordinance at the November 4 meeting. INTRODUCTION & PUBLIC HEARING -RESOLUTIONS Resolution No. 31-96 - A Resolution Authorizing the City Manager to Enter into aCost- Sharing Agreement for the Design and Constrnction of a Left Turn Lane on Cosgray Road to Serve the City's Northern Park Entrance. Mr. Hansley asked that this resolution be withdrawn from the agenda as the affected parties have not been notified of the hearing. The resolution was withdrawn from the agenda. Resolution No. 32-96 - A Resolution Designating the City Manager to Act as the City's Otlicial Representative and Authorizing the City to File Multiple Applications and , Enter into Agreements with the Ohio Public Works Commission for the Purpose of Acquiring Grant Funds through the State Capital Improvement Program/Local Transportation Improvement Program. Mr. Zawaly introduced the resolution. Mr. Hansley stated that this resolution provides authorization to file applications for grant monies. Vote on the Resolution - Ms. Hide Pittaluga, yes; Mrs. Boring, yes; Mr. McCash, yes; Mr. Campbell, yes; Mr. Zawaly, yes; Mrs. Stillwell, yes. Resolution No. 33-96 - A Resolution Authorizing the City Manager to Act as the City's Official Representative and Authorizing the City to Enter into Supplemental Water Pollution Control Agreements with the Ohio Environmental Protection Agency. Mr. Zawaly introduced the resolution. RECORD OF PROCEEDINGS Minutes o~ublin City Council Meeting Page 12 Meeting DAYTON LEGAL BLANK 00. FORM NO. 1014 Held October 21, 1996 19 Vote on the resolution -Mrs. Boring, yes; Mr. Campbell, yes; Ms. Hide Pittaluga, yes; Mr. Zawaly, yes; Mrs. Stillwell, yes; Mr. McCash, yes. THER Final Plat -Trinity Park, Phase 2, Section 2 Ms. Clarke stated that the final plat was approved by Planning Commission on August 1, 1996 with the conditions contained in the Record of Action. Mr. McCash expressed some concern with the fence detail shown on the plat and that the Lot 79 seems to be a "forced" lot in view of its dimensions.. Ms. Clarke responded that the final plat does conform with the preliminary plat. Mr. Campbell moved approval of the final plat for Trinity Park, Phase 2, Section 2 with the conditions of Planning & Zoning. Mayor Kranstuber seconded the motion. Vote on the motion -Mayor Kranstuber, yes; Mrs. Stillwell, yes; Mr. Campbell, yes; Mr. McCash, yes; Mr. Zawaly, yes; Mrs. Boring, yes. Storm Water Detention Waiver Request - Frazier prop Mr. Kindra stated that the staff memos forwarded to Council describe the waiver requested for the Frazier property. Mr. Campbell moved approval of the request for waiver of storm water detention, subject to the two conditions contained in the October 10, 1996 memo from the City Engineer. Mr. Zawaly seconded the motion. Vote on the motion - Mr. Zawaly, yes; Ms.Hide Pittaluga, abstain; Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. Campbell, yes; Mr. McCash, yes. Ron Trick, architect and Jim Frazier, property owner were present and agreed to the conditions. Waiver of Enforcement of Sign Code in Old Dublin Mr. Hansley reported that the holiday promotions plan for Old Dublin will require waiver of the enforcement of Dublin's sign code for the duration of the season. This plan was previously approved by City Council, and staff has been working with the merchants and the Old Dublin Association on the implementation. Following brief discussion, Mayor Kranstuber moved to waive the enforcement of the sign code for temporary signage in the Old Dublin area until December 31, 1996. Mrs. Boring seconded the motion. Vote on the motion -Mayor Kranstuber, yes; Mr. McCash, yes; Ms. Hide Pittaluga, yes; Mrs. Boring, yes; Mr. Campbell, yes; Mr. Zawaly, yes. Committee Reports Committee reports were delayed until the next Council meeting due to the late hour and the need for an executive session. Mrs. Boring moved to adjourn to executive session for the purpose of discussing land acquisition, legal and personnel matters. Mr. Campbell seconded the motion. Vote on the motion -Mayor Kranstuber, yes; Mr. Campbell, yes; Mr. McCash, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Ms. Hide Pittaluga, yes; Mrs. Stillwell, yes. Mayor Kranstuber announced that the meeting will not be reconvened following the executive session. The meeting was adjourned at 11:30 p.m. / ` r Mayor -Presiding Officer RECORD OF PROCEEDINGS Minutes o~ublin City Council Meeting Page 13 Meeting DAYTON LEGAL BLANK CO. FORM NO. 1014 Held October 21, 1996 19 Clerk of Council ~p