City Council Council Minutes 04/28/2008 - Council Meeting Minutes Menu
| 04/28/2008 - Council Meeting Minutes |
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CITY OF MAYFIELD HEIGHTS
COUNCIL MEETING MINUTES
The public hearing was called to order at 7:15 P.M. by Council President Michael Ballistrea.
ROLL CALL: PRESENT: Mr. Michael Ballistrea, Mr. Anthony DiCicco, Mrs. Donna Finney, Mr. Sam Mercurio, Mr. David Sasak, Mrs. Diane Snider. ABSENT: None.
Also present were Mayor Gregory Costabile, Mr. Leonard Carr, Mr. Robert Tribby and Miss Lisa Benedetti.
The purpose of the hearing was to hear comments from the public regarding Ordinance No. 2008-8: An Ordinance amending the zone map of the City of Mayfield Heights, Ohio so as to rezone Permanent Parcel No. 862-22-005 (1085 SOM Center Road) from its current U-1(2) Single Family House Subdistrict 2 to U-2 A(1); Planned Unit Development District.
Mr. Carr read the ordinance in its entirety.
Maria Durdella, 1084 SOM Center Road, asked if this property was part of the Ridgebury Garden Estates. If it were, then the deed restrictions would have to be changed. Mr. Ballistrea stated that he did not think it was part of that and would check. Mrs. Durdella asked if a traffic study were done? Mayor Costabile replied that no, not at this point in time. This is only for rezoning. If it were rezoned, then the owner would put together a plan for the City to review. Mr. Ballistrea added that at that point, both the Police and Fire departments would review the plans. Mrs. Durdella asked if there is a State legal distance for curb cuts, because this would be a side street. Mr. Ballistrea stated that again that would be part of the plan review process. Mrs. Durdella commented that as a homeowner looking at that property and home, it is currently adorable. With the proposed plan it would take away the charming aesthetics and change it. There is no green space left in the City. She feels it is just greed and is very disappointed.
Paul Oyaski, 306 Cobblestone Drive, asked if the abutting property owners were notified when this came before the Planning Commission. Mayor Costabile replied that no, that is not a requirement until a rezoning issue comes before Council. Mr. Oyaski asked if the Stonecreek Development is zoned U-2A and that if variances are required for this development, would the abutting neighbors be notified. The Mayor said yes to both questions. Mr. Oyaski asked if there would only be up to eight units. Mr. Ballistrea stated that was correct. Mr. Oyaski asked what the setback requirement is. Mr. Ballistrea said he did not know. Mr. Oyaski wondered about buffer requirements. Mr. Ballistrea stated that would also be part of the plan review. Mr. Oyaski stated he had no objections to the rezoning, but would be interested in the plans. Mayor Costabile stated that all agendas for the City's boards and commissions are listed on the City's website, so if someone is interested, it is a good place to check regularly. Mr. Oyaski asked if the code requires a completion date. Building Director Tom Jamieson replied that there is only a time requirement to start a project, but none to complete it. Mr. Oyaski stated he would be concerned about the look if something was not finished in a timely manner.
Larry Goldrick, 308 Cobblestone Drive, stated he does not object to the rezoning, but he would like a buffer. There are lots of trees and he would like to keep it that way. He also does not want drainage problems. Mayor Costabile commented that the City's new engineering company has landscape architects available, which the City will be starting to use more. The architects have already been used for some more recent developments.
Mr. Ballistrea read an e-mail he received from Lisa Marku, 1074 SOM Center, regarding the proposed rezoning. She asked that construction be delayed a few months, as she and her neighbor are selling their homes and construction with the destruction of the trees may make it more difficult to find buyers.
As there were no further comments from the public, the hearing was closed at 7:35 P.M. ----------------------------------------------------------------------------------------------------------------------The regular meeting of Council was called to order at 7:45 P.M. by Council President Michael Ballistrea.
ROLL CALL: PRESENT: Mr. Michael Ballistrea, Mr. Anthony DiCicco, Mrs. Donna Finney, Mr. Ronald Kobunski, Mr. Sam Mercurio, Mr. David Sasak, Mrs. Diane Snider. ABSENT: None.
Also present were Mayor Gregory Costabile, Mr. Leonard Carr, Mr. Robert Tribby and Miss Lisa Benedetti.
The Pledge of Allegiance was said.
Mrs. Snider moved to suspend reading of the Council minutes of April 14, 2008, and approve as written, seconded by Mrs. Finney. All in favor, except Mr. Mercurio who abstained as he was absent from the meeting. Motion carried. Minutes approved.
CORRESPONDENCE AND ANNOUNCEMENTS:
Mr. Ballistrea stated a note of appreciation from the Kay Family was received for the donation made in Al Kay's memory. ----------------------------------------------------------------------------------------------------------------------Mr. DiCicco, seconded by Mr. Kobunski, moved to deviate from the agenda to hear the special presentation now.
Mayor Costabile read a proclamation recognizing Auxiliary Police Officer Robert Toman for his 50 years of service to the City. Mr. Toman was congratulated and accepted the proclamation. ---------------------------------------------------------------------------------------------------------------------- REPORTS OF OFFICERS:
Mayor Costabile: The Mayor noted that it was nice to see so many members of the Auxiliary Unit present in honor of Bob Toman.
Mayfield Road Update: The safety markers are back in place on Marsol Road near the park in time for the park activities. Police are available to assist with traffic issues. The project remains on schedule. The State approved more hours for the work schedule (almost 60 hrs. per week, up from the 40 hrs per week as initially mandated in the construction plans) to get the project done more quickly.
A meeting has been scheduled with the City Engineer to discuss the City's 2008 road program. A Public Works and Services Committee meeting will need to be scheduled to discuss the program.
The Mayor met with mayors from adjacent communities to talk about common issues. This keeps the lines of communication open for better collaboration.
The Mayor, along with other area mayors, went to Columbus to speak with State representatives about issues. · HB278 pertaining to gas wells and the loss of home rule may be revisited. The rules currently allow pooling of properties to get the minimum acreage needed, and this may be terminated. · E-check issue: The State is exploring a different way to accomplish this matter to reduce the expense to taxpayers. · There may be federal grants available for homeowners facing foreclosure. The Governor's office is coordinating it. · The Great Lakes Water Compact is a big issue and may end up on the ballot in the fall.
The Recreation Department 5K run/1K walk was a great success.
The Mayor was a judge for the Lander Elementary School idol contest. He was thrilled to be able to return to his alma mater and was very impressed with the talent and dedication of the kids.
Director of Law Carr: No report.
Director of Finance Tribby: No report.
REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS:
Building Committee: No report.
Finance and Audit Committee: Mr. Mercurio stated there were a couple of items on the agenda. Mr. Ballistrea reminded Mr. Mercurio that a meeting needed to be scheduled per the Mayor's request to review the energy audit.
Legislative Committee: No report.
Public Works and Services Committee: No report. Mr. Ballistrea asked that a meeting be scheduled to review the 2008 road program.
Recreation and Parks Committee: Mrs. Snider stated there was one item on the agenda this evening. There will be a pasta dinner event on May 31, 2008. The event is a great opportunity for the community to come together with the proceeds going to further support recreation events for residents of all ages. Tickets are on sale. Anyone wanting to volunteer for community days should call the Recreation Department.
Safety and Transportation Committee: No report.
Board of Zoning Appeals: Mr. Kobunski stated he was not at the meeting of April 15, 2008, so Director of Building Tom Jamieson is in attendance this evening to answer questions.
Commission on Aging: Mr. Ballistrea stated the next meeting is May 6, 2008.
Planning Commission: Mr. Sasak reported on the meeting held April 21, 2008. Copies of the minutes of the meeting were mailed to all members and are a part of the permanent record. There are two items on the agenda this evening. ---------------------------------------------------------------------------------------------------------------------- PUBLIC COMMENT:
David Deneke, Burger King, 6251 Mayfield Road, and John Finis, Polaris Engineering spoke. Mr. Finis stated they are proposing to build a new Burger King Restaurant. The setback variance was granted by the Board of Zoning Appeals and he asked that Council confirm the approval of that variance and the preliminary plan from the Planning Commission.
Mike Osterfeld, 19598 E. Kerry Place, Strongsville, for the Penn Station request, stated that the restrictive covenant was agreed upon and he looks forward to a long tenure in the City.
Kurt Tietjen, 1762 Temple Avenue, stated that he is requesting two variances. He has a small bungalow and would like to build a dining room. In order to do so, he has to raze the current detached garage, and would like to then build an attached garage. His back yard has a lot of trees and a two-car garage would take up most of the yard.
Mark Bowmont, for Atwell Hicks pertaining to Rite Aid, stated that two of the variance requests had a 2-2 vote from the Board of Zoning Appeals. He is asking for signage on the wall interior to the shopping center. The building, by code, has signage on the front. There is a roadway into the shopping center so there is a need for additional signage. One sign request is also on a corner entrance, which is unique.
Jack Wyban, 7254 Liberty Road, was in attendance on behalf of Boneyard Restaurant. ---------------------------------------------------------------------------------------------------------------------- RESOLUTION NO. 2008-23: "A Resolution accepting a certain bid for self-contained breathing apparatus (SCBA) facepieces and associated equipment for the Division of Fire (Fire Force, Inc.)." Mr. Carr read the resolution by title only. Mr. Mercurio moved for suspension of the rules, seconded by Mrs. Finney. Roll Call on motion as stated: AYES: Finney, Mercurio, Snider, Kobunski, Sasak, DiCicco, Ballistrea. NAYS: None. Motion carried. Mr. Kobunski moved for adoption, seconded by Mrs. Snider. Mr. Ballistrea stated a memo was received from Fire Chief Forte. Grant money was received from Homeland Security and will cover 95% of the cost for this equipment. Roll Call on motion as stated: AYES: Snider, DiCicco, Sasak, Mercurio, Finney, Kobunski, Ballistrea. NAYS: None. Motion carried. The resolution is adopted.
RESOLUTION NO. 2008-24: "A Resolution authorizing the Director of Finance to transfer funds in accordance with amounts listed in Ordinance No. 2008-7." Mr. Carr read the resolution by title only. Mr. Mercurio moved for suspension of the rules, seconded by Mrs. Snider. Roll Call on motion as stated: AYES: Sasak, Kobunski, DiCicco, Finney, Mercurio, Snider, Ballistrea. NAYS: None. Motion carried. Mr. Kobunski moved for adoption, seconded by Mr. DiCicco. Mr. Ballistrea stated this moves money from the General Fund to the Street Lighting Fund. Mr. Tribby explained that Council approved this amount in the appropriations. He now needs the authorization to transfer it. Roll Call on motion as stated: AYES: Mercurio, Sasak, Kobunski, Snider, DiCicco, Finney, Ballistrea. NAYS: None. Motion carried. The resolution is adopted.
RESOLUTION NO. 2008-25: "A Resolution confirming the action of the Board of Zoning Appeals of the City of Mayfield Heights in granting to Penn Station East Coast Subs, a 21 space parking variance in order to open a counter service restaurant, based upon the acceptance of the restrictive covenant as amended, at the location known as 6258 Mayfield Road, Mayfield Heights, Ohio." Mr. Carr read the resolution by title only. Mr. Sasak moved for suspension of the rules, seconded by Mrs. Finney. Roll Call on motion as stated: AYES: Kobunski, Snider, Finney, Mercurio, DiCicco, Sasak, Ballistrea. NAYS: None. Motion carried. Mr. Kobunski moved for adoption, seconded by Mr. Mercurio. Mr. Ballistrea asked about the restrictive covenant. Mr. Carr explained that there was concern by the Board of Zoning Appeals that while this operation was acceptable with the variance, if it went out, the variance runs with the land. Penn Station worked with him on a restrictive covenant and this variance is clearly contingent on the execution of that covenant. Roll Call on motion as stated: AYES: DiCicco, Mercurio, Sasak, Kobunski, Finney, Snider, Ballistrea. NAYS: None. Motion carried. The resolution is adopted.
RESOLUTION NO. 2008-26: "A Resolution confirming the action of the Board of Zoning Appeals of the City of Mayfield Heights in denying to Charles Kerr, a four foot setback variance to construct a porch in front of the dwelling nine feet beyond the front wall of the building, at the location known as 1366 Iroquois Avenue, Mayfield Heights, Ohio." Mr. Carr read the resolution by title only. Mr. Ballistrea stated that the applicant asked that this resolution be withdrawn. The resolution was withdrawn per the applicant's request.
RESOLUTION NO. 2008-27: "A Resolution confirming the action of the Board of Zoning Appeals of the City of Mayfield Heights in granting to Burger King a 27' setback variance to build a restaurant 93' from the centerline of Mayfield Road, at the location known as 6251 Mayfield Road, Mayfield Heights, Ohio." Mr. Carr read the resolution by title only. Mr. Sasak moved for suspension of the rules, seconded by Mr. Kobunski. Roll Call on motion as stated: AYES: Finney, Mercurio, Snider, Kobunski, Sasak, DiCicco, Ballistrea. NAYS: None. Motion carried. Mrs. Finney moved for adoption, seconded by Mrs. Snider. Mayor Costabile explained that this was collaboration between a developer and the City. This proposal is more in line with the City's master plan. The company totally revised the original proposal. Mr. Carr added that the company was easy to work with. The property due north would not be rezoned and there would be no construction or anything put on the right-of-way. There would also be no playground as part of this plan. Mrs. Snider inquired if there would be any outdoor seating. Mr. Jamieson said no. Mrs. Snider asked if this project would be started at the same time as the McDonald project. Mr. Jamieson stated that McDonald's is not ready and Burger King still has some plans yet to be approved. Mr. Ballistrea commented that there seemed to be questions on some parking spaces. Mr. Carr stated that the two spaces in question would be eliminated. Mr. Fines stated they have already been eliminated. Roll Call on motion as stated: AYES: Snider, DiCicco, Sasak, Mercurio, Finney, Kobunski, Ballistrea. NAYS: None. Motion carried. The resolution is adopted.
RESOLUTION NO. 2008-28: "A Resolution confirming the action of the Board of Zoning Appeals of the City of Mayfield Heights in denying to Atwell Hicks, on behalf of Rite Aid, a variance for a 68.12 sq. ft. "Rite Aid" sign on the south elevation, at the location known as 1233 SOM Center Road, Mayfield Heights, Ohio." Mr. Carr read the resolution by title only. Mr. Mercurio moved for suspension of the rules, seconded by Mrs. Finney. Roll Call on motion as stated: AYES: Sasak, Kobunski, DiCicco, Finney, Mercurio, Snider, Ballistrea. NAYS: None. Motion carried. Mrs. Snider moved for adoption, seconded by Mr. Mercurio. Mr. Ballistrea stated there was a split vote and wondered what the reasoning of the BZA members was. Mr. Carr stated that for the negative votes the members thought that this was more signage and there was not a hardship. The members who voted for it felt it was okay, as it did not face residential areas. Mrs. Finney asked how different this was from the variance granted to CVS. She thought it should be allowed, because she does not see the Rite Aid signage on the front of the building when coming from the south. Mr. Jamieson stated that CVS received the variance because it was on a corner lot and the code allows for smaller signage for that circumstance anyhow, so the City was only granting bigger signage. This is a little different because there is no road. Mr. Carr commented that because Eastgate Shopping Center is right before this shopping center it could be a little confusing as to which driveway to turn into. Mr. Jamieson added that Atwell Hicks thought the building would be more balanced with this signage. Mr. Kobunski asked about the signage on the north side. Mr. Jamieson explained that the entire elevation is considered to be on SOM Center Road, not on Drury Court, even though it is a corner. There is no signage on that side. Roll Call on motion as stated: AYES: Kobunski, Ballistrea. NAYS: Mercurio, Sasak, Snider, DiCicco, Finney. Vote 2-5. Motion defeated. The decision of the Board of Zoning Appeals is overturned and the variance is granted.
RESOLUTION NO. 2008-29: "A Resolution confirming the action of the Board of Zoning Appeals of the City of Mayfield Heights in denying to Atwell Hicks, on behalf of Rite Aid, a variance for a 17.8 sq. ft. "Drive-Thru Pharmacy w/arrow" sign on the south elevation, at the location known as 1233 SOM Center Road, Mayfield Heights, Ohio." Mr. Carr read the resolution by title only. Mr. Mercurio moved for suspension of the rules, seconded by Mrs. Snider. Roll Call on motion as stated: AYES: Kobunski, Snider, Finney, Mercurio, DiCicco, Sasak, Ballistrea. NAYS: None. Motion carried. Mr. Mercurio moved for adoption, seconded by Mrs. Finney. Mr. Jamieson stated the BZA members felt there were enough signs for the pharmacy. Roll Call on motion as stated: AYES: DiCicco, Mercurio, Sasak, Kobunski, Finney, Snider, Ballistrea. NAYS: None. Motion carried. The resolution is adopted.
RESOLUTION NO. 2008-30: "A Resolution confirming the action of the Board of Zoning Appeals of the City of Mayfield Heights in denying to Atwell Hicks, on behalf of Rite Aid, a variance for a 5.18 sq. ft. "Drive-Thru" sign on the south side of the front door, at the location known as 1233 SOM Center Road, Mayfield Heights, Ohio." Mr. Carr read the resolution by title only. Mrs. Finney moved for suspension of the rules, seconded by Mr. Mercurio. Roll Call on motion as stated: AYES: Finney, Mercurio, Snider, Kobunski, Sasak, DiCicco, Ballistrea. NAYS: None. Motion carried. Mr. Kobunski moved for adoption, seconded by Mr. DiCicco. Mr. Ballistrea stated that there was a split vote again. Mr. Jamieson stated he was not sure why the dissenting members voted that way. The front door would have the signs and he believes it would look better. Roll Call on motion as stated: AYES: DiCicco. NAYS: Snider, Sasak, Mercurio, Finney, Kobunski, Ballistrea. Vote 1-6. Motion defeated. The decision of the Board of Zoning Appeals is overturned and the variance is granted.
RESOLUTION NO. 2008-31: "A Resolution confirming the action of the Board of Zoning Appeals of the City of Mayfield Heights in granting to Kurt & Elizabeth Tietjen a 136 sq. ft. variance and a 2' setback variance to construct a 264 sq. ft. attached garage 3' from the sideline, at the location known as 1762 Temple Avenue, Mayfield Heights, Ohio." Mr. Carr read the resolution by title only. Mr. Sasak moved for suspension of the rules, seconded by Mrs. Finney. Roll Call on motion as stated: AYES: Sasak, Kobunski, DiCicco, Finney, Mercurio, Snider, Ballistrea. NAYS: None. Motion carried. Mr. Mercurio moved for adoption, seconded by Mrs. Snider. Mr. Jamieson stated that this is for a setback variance and a less than minimum size garage variance. The size of a garage is governed by the square footage. Mr. Carr commented that this was not discussed as a one or two car garage and asked if two car garages are required. Mrs. Finney stated that she thought garages had to be for two cars and a one-car variance request was denied before for someone else. Mr. Jamieson explained that the square footage requirement means the same thing. Mayor Costabile added that he did not think the number of cars was the issue. It is the square footage of 400 sq. ft. that allows for two cars. When the code was amended, the idea was to get away from smaller garages. However, the Council must also consider the affect upon the land in question and how the facts of the instant matter affect the area. Mr. Sasak asked if there were any other options in this situation. Mr. Jamieson stated that Mr. Tietjen was trying to curb costs for this project. There is not a lot of space on the property for what he wants to do. Mr. Ballistrea clarified that the garage is currently a detached garage and the new one would be an attached garage. Mr. Jamieson said that was correct. For the applicant to build a detached garage it would require variances for what he wants to do. There is an inherent hardship. Mr. Kobunski reviewed footage shown on the plans and in adding it up it is slightly different than what was stated and he asked for clarification. Mr. Jamieson replied that it does not change the requirements. Mr. Sasak stated he was uncomfortable with this and wondered if it should be tabled. Mr. Carr stated that Section 1159.12(b)(1) requires in a U-1(1) area a two-car garage. Mr. Jamieson replied that there should be another section that provides for specific size of a two car garage. What does a two-car garage mean in terms of size, if there is not footage requirements. Mrs. Snider wondered about a tandem garage for this situation. Mr. Jamieson said maybe it could be built, but he did not think it would look good or be practical. Mr. Jamieson said maybe it could be built, but he did not think it would look good. Mr. Carr commented that the code was changed to enhance the properties in the City. Mr. Tietjen was asked what he would prefer Council to do. He asked what his choices were. He was told that if he wanted Council to vote on it this evening it could be approved and if it was defeated he would have to appear before the BZA again. If it was tabled it would be another two weeks before Council would vote on it. Mr. DiCicco pointed out that the variance is from Section 1159.12(4)(A)(1) and (3), Accessory Buildings and Uses. (3) states "Minimum size - 400 square feet (two-car)." So, it does reference the number of cars, but square footage if the defining factor. Mr. Tietjen asked if they applied incorrectly. He wants to make an attached garage, but does not want to take up all his property, so that is why he asked for a lesser footage. Mr. Ballistrea stated his request was correct, it is just that Council is trying to clarify the variance. Mr. Sasak commented that he remembers from Building Committee meetings that the two-car garage requirement was made to improve aesthetics. Mr. Ballistrea stated that on many of the properties there is not enough room to accommodate a two car attached garage. Mr. Sasak said it could be detached. Mr. DiCicco asked if an entrance would be made into the home. Mr. Tietjen said yes. Roll Call on motion as stated: AYES: Mercurio, DiCicco, Ballistrea. NAYS: Sasak, Kobunski, Snider, Finney. Vote 3-4. Motion carried. The resolution is adopted.
RESOLUTION NO. 2008-32: "A Resolution confirming the action of the Board of Zoning Appeals of the City of Mayfield Heights in granting to Kent Rider, an eight foot variance request to widen a new 18' driveway to 26' at the angle and taper back to the permitted 18', at the location known as 6388 Ridgebury Boulevard, Mayfield Heights, Ohio." Mr. Carr read the resolution by title only. Mr. Mercurio moved for suspension of the rules, seconded by Mrs. Finney. Roll Call on motion as stated: AYES: Kobunski, Snider, Finney, Mercurio, DiCicco, Sasak, Ballistrea. NAYS: None. Motion carried. Mr. Sasak moved for adoption, seconded by Mrs. Snider. Mr. Jamieson stated that the turnaround was denied, but the driveway widening was allowed. Because of an addition, the applicant needs to curve the driveway to avoid a tree and pole. The pad in front of the house did not make sense. Roll Call on motion as stated: AYES: DiCicco, Mercurio, Sasak, Kobunski, Finney, Snider, Ballistrea. NAYS: None. Motion carried. The resolution is adopted.
RESOLUTION NO. 2008-33: "A Resolution confirming the action of the Board of Zoning Appeals of the City of Mayfield Heights in denying to Kent Rider, a request to install a 5' x 8' turn around pad in front of the dwelling, at the location known as 6388 Ridgebury Boulevard, Mayfield Heights, Ohio." Mr. Carr read the resolution by title only. Mrs. Finney moved for suspension of the rules, seconded by Mr. Kobunski. Roll Call on motion as stated: AYES: Finney, Mercurio, Snider, Kobunski, Sasak, DiCicco, Ballistrea. NAYS: None. Motion carried. Mrs. Snider moved for adoption, seconded by Mr. Mercurio. Mr. Ballistrea stated this was a split vote by the BZA. Mr. Jamieson explained that the applicant needs something to turn around in order to get out safely and felt that the widening of the driveway would help. Mrs. Finney stated that the City has granted many turn arounds on Ridgebury, so this should be granted. Mr. Mercurio asked if the applicant would have enough room to turn around in the wider part of the driveway. Mr. Jamieson replied that the BZA felt he would have adequate room. Roll Call on motion as stated: AYES: Snider, DiCicco, Sasak, Mercurio, Kobunski, Ballistrea. NAYS: Finney. Vote 6-1. Motion carried. The resolution is adopted. ---------------------------------------------------------------------------------------------------------------------- ORDINANCE NO. 2008-8: "An Ordinance amending the zone map of the City of Mayfield Heights, Ohio so as to rezone Permanent Parcel No. 862-22-005 (1085 SOM Center Road) from its current U-1(2) Single Family House Subdistrict 2 to U-2 A(1); Planned Unit Development District." Mr. Carr read the ordinance by title only. Mr. Mercurio moved for adoption, seconded by Mr. Kobunski. Mr. Ballistrea stated he feels the request fits the area. The e-mail from Lisa Marku would be made part of the record. Roll Call on motion as stated: AYES: Sasak, Kobunski, DiCicco, Finney, Mercurio, Snider, Ballistrea. NAYS: None. Motion carried. The ordinance is adopted.
ORDINANCE NO. 2008-9: "An Ordinance amending Ordinance No. 2006-17, 2006-41 and 2007-26 providing for the organization of certain administrative departments and fixing the salaries and bonds of certain officers and employees therein (Recreation Department summer positions only)." Mr. Carr read the ordinance by title only. Mr. Sasak stated that he had abstained from voting at the last Council meeting and has since found out that he did not need to do so. Therefore, he would be voting on this matter. Mrs. Snider moved for suspension of the rules, seconded by Mr. DiCicco. Roll Call on motion as stated: AYES: Mercurio, Sasak, Kobunski, Snider, DiCicco, Finney, Ballistrea. NAYS: None. Motion carried. Mr. DiCicco moved for adoption, seconded by Mr. Mercurio. Roll Call on motion as stated: AYES: Kobunski, Snider, Finney, Mercurio, DiCicco, Sasak, Ballistrea. NAYS: None. Motion carried. The ordinance is adopted.
ORDINANCE NO. 2008-11: "An Ordinance approving the editing and inclusion of certain ordinances as parts of the various component codes of the Codified Ordinances; providing for the adoption of new matter in the updated and revised Codified Ordinances; providing for the publication of such new matter; and declaring an emergency." Mr. Carr read the ordinance by title only. Mr. DiCicco moved for suspension of the rules, seconded by Mr. Kobunski. Roll Call on motion as stated: AYES: DiCicco, Mercurio, Sasak, Kobunski, Finney, Snider, Ballistrea. NAYS: None. Motion carried. Mrs. Finney moved for adoption, seconded by Mrs. Snider. Roll Call on motion as stated: AYES: Finney, Mercurio, Snider, Kobunski, Sasak, DiCicco, Ballistrea. NAYS: None. Motion carried. The ordinance is adopted. ---------------------------------------------------------------------------------------------------------------------- Mrs. Snider, seconded by Mrs. Finney, moved to confirm the decision of the Planning Commission approving the final site plan for a new 1600 sq. ft. outdoor seating addition and approving the enclosure of the 770 sq. ft. front patio area at The Boneyard Restaurant, 5900 Mayfield Road. Mr. Ballistrea commented that the new plans show a 6' high fence that is gated, so he feels the security issues have been answered. Mr. Sasak stated the Planning Commission members felt the same. All in favor, motion carried. ----------------------------------------------------------------------------------------------------------------------
Mr. Sasak, seconded by Mr. DiCicco, moved to confirm the decision of the Planning Commission approving the preliminary site plan for a new 2,672 sq. ft. restaurant building for Burger King at 6251 Mayfield Road contingent upon the granting of the setback variance. Mr. Ballistrea noted that the setback variance was confirmed this evening. All in favor, motion carried. ---------------------------------------------------------------------------------------------------------------------- There being no further business to come before Council, Mr. Ballistrea adjourned the meeting at 9:30 P.M.
Approved: Respectfully submitted,
Michael Ballistrea Lisa A. Benedetti, MMC Council President Deputy Clerk of Council
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