City Council Council Minutes 03/10/2008 - Council Meeting Minutes Menu
| 03/10/2008 - Council Meeting Minutes |
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CITY OF MAYFIELD HEIGHTS
COUNCIL MEETING MINUTES
The regular meeting of Council was called to order at 7:35 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, and Miss Lisa Benedetti.
The Pledge of Allegiance was said.
Mr. Mercurio moved to suspend reading of the Council minutes of February 25, 2008, and approve as written, seconded by Mrs. Snider. All in favor, except Mrs. Finney and Mr. Kobunski who abstained as they were absent from the meeting. Motion carried. Minutes approved.
CORRESPONDENCE AND ANNOUNCEMENTS: None.
REPORTS OF OFFICERS:
Mayor Costabile: Mayfield Road Update: The construction process was supposed to have started again today, but due to the snow storm over the weekend, it was delayed until March 17, 2008.
The Mayor praised the Service Department for their excellent work during the snowstorm and also the Police and Fire Departments. All three departments worked together to get their work done. There was a good collaborative effort.
The gas well drilling at Golden Gate Shopping Center is complete without any incidents. The management continues to keep the City updated on the matter.
Robert Grogan, the former Lyndhurst Municipal judge passed away recently. The Mayor extended condolences to the family. The Mayor commended him for his many years of service to the community.
The new Rite Aid store at the Mayfield Town Center had its grand opening on February 28, 2008. Both the Mayor and Mr. Ballistrea attended.
The Mayor recently spoke at the Mayfield Middle School Career Day. This is a good program. There were good questions asked by the students. People should be proud of the students.
The Parks and Recreation brochure is in the mail, if residents have not yet received it. There are all kinds of events for all age groups. The Mayor met with the Mayfield Heights/Lyndhurst post office manager to explain the need for these types of mailings to be delivered in a timely manner.
Interviews were conducted to choose a new city engineering firm. There were 13 proposals. Different departments were involved in the process. The firm of URS Corporation was chosen and the approval of the contract is on the agenda this evening.
The contract for the LNE Group is up for renewal. Without this firm the City would not have received the nearly $500,000 grant from the federal government for the Mayfield Road project. He strongly encourages Council to approve a new contract for the firm.
A budget meeting will be held the week of March 17, 2008. The City is in a strong financial position.
The DARE Graduation has been rescheduled for April 3, 2008.
The Mayor's Community Council is in attendance this evening to present the new welcome signs. The Mayor commended the group for giving of their time to improve the City and to help the Administration. This process took over a year and the result looks great.
Director of Law Carr: Mr. Carr reported that Ordinance No. 2008-1 pertains to the Burger King project. A letter was received from the applicant's attorney asking that the rezoning request be withdrawn.
The URS Corporation contract was revised and that copy has been distributed this evening. It was received very late on Friday for review and processing and that process continued today.
Director of Finance Tribby: No report.
REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS:
Building Committee: Mr. Sasak stated a meeting has been scheduled for March 14, 2008 to review building permit fees.
Finance and Audit Committee: Mr. Mercurio reported on the meeting held March 7, 2008. Copies of the minutes of the meeting were mailed to all members and are a part of the permanent record. Mrs. Finney asked about the LNE contract and the reference to storm water and the increase in cost from $60,000 to $90,000 a year. Mayor Costabile replied that this new contract would allow the firm to seek both federal and state funding, which is why there is additional cost to retain the firm. Mrs. Finney asked about the storm water management language. Mayor Costabile stated that many communities are looking at storm water management and flooding issues. Sanitary lines may not be large enough. The City has replaced some of the main lines, but planning and design is expensive. The City has already started to appropriate some funds for this purpose, but there are federal and state funds available for this also. Mrs. Finney inquired if anyone had heard of the term "sewer flies", as some residents seem to have that problem. The Mayor has not been approached with this alleged issue.
Legislative Committee: No report.
Public Works and Services Committee: Mr. Kobunski echoed the Mayor's comments on the departments and the storm cleanup. Mr. Ballistrea added his compliments also. Mrs. Finney stated she was asked if the City had contracted with outside help for the plowing. Mayor Costabile said no. In fact, the City helped some of the neighboring communities with some items.
Recreation and Parks Committee: Mrs. Snider reported that Lunch with the Bunny is March 15, 2008 and the Pancake Breakfast is April 13, 2008.
Safety and Transportation Committee: No report.
Board of Zoning Appeals: Mr. Kobunski stated there would be a meeting on March 11, 2008 with three items on the agenda.
Commission on Aging: Mr. Ballistrea stated a meeting was held on March 4, 2008. Mayor Costabile added that due to the weather, it was a short meeting.
Planning Commission: Mr. Sasak reported on the meeting held March 3, 2008. Copies of the minutes of the meeting were mailed to all members and are a part of the permanent record. ---------------------------------------------------------------------------------------------------------------------- Kristin Kirkpatrick, Manager of Health and Wellness, Cleveland Clinic, gave a presentation on National Nutrition Month. She explained what is wrong, the importance of good nutrition and what people should eat. ---------------------------------------------------------------------------------------------------------------------- PUBLIC COMMENT:
Mr. Grendell, representing Global Country of World Peace, not in his role as Senator, but as an attorney as permitted by the Ohio Revised Code. He had a written legislative opinion that states he is within his bounds to be here. Mr. Grendell continued that Global Country of World Peace is requesting a preliminary site plan approval for a corporate conference and wellness center. Five handouts were distributed to the Council members. Mr. Grendell asked George Hess, Hess & Associates Engineering Inc. to step forward. Mr. Hess presented a preliminary site plan and reviewed it. It is composed of two buildings a retention pond and parking that to his knowledge meets the park zoning for the City. Mr. Grendell asked Mr. Hess if he spoke with the City as to whether or not the preliminary site plan meets the technical zoning for U-7 such as height and setback. Mr. Hess that yes he did and it meets the zoning otherwise it would not have gone to the Planning Commission. Mr. Grendell asked Mr. Hess to give the clerk the floor plans for the building. There was one change to the second floor from the plans originally presented to the Planning Commission. Mr. Ballistrea questioned that the name was changed from "spas" to "treatment rooms"? Mr. Grendell said he believed that spa was used in the original. Since the Planning Commission meeting the applicant has now changed the name of the room. Mr. Grendell asked Thomas Murach, Regional Director of the Global Country of World Peace, to step forward. He explained what the uses would be for each building. Building One would basically have three different uses, an Ayurvedic medical wellness center, education courses and regional offices for architecture and engineering. As required by the state, there will be a physician, a M.D., involved with the medical part. Anyone using these services will have to see the physician and will be required to have a prescription to proceed through the process. There will not be any clinics, urgent care or emergency centers in the building. There will also be massotherapists on staff and they will all be licensed by the State of Ohio. Mr. Grendell pointed out that a letter, dated February 15, 2008, included a letter from the State Medical Board of Ohio and was submitted to the Planning Commission and Council, that states that Ayurvedic medicine is an accepted form of medicine according to ORC 4731.227 and massotherapy is regulated by ORC 4731.15. Mr. Murach also confirmed that there would be an educational component on the premises taught by qualified teachers of the program through the Maharishi University of Management. Mr. Grendell asked if that was an accredited organization. Mr. Murach said it was. Mr. Grendell stated that the accreditation papers through the North Central Association of Colleges and Schools, which also accredits other schools in the area such as John Carroll, was attached to his letter of February 15, 2008 also. Mr. Murach stated there would be no retail sales on the premises. Mr. Grendell asked Mr. Murach to identify the other corporate development program, which would be offered. Mr. Murach explained that it is an educational program used for corporations offered by Maharishi University of Management. Mr. Grendell asked if the Global Country World of Peace would comply with all the requirements of the U-7 zoning while occupying the two proposed buildings. Mr. Murach said yes and the organization owns the property. Mr. Grendell asked Mr. Murach what kind of offices would be on the premises. Mr. Murach replied it would be the regional offices for architectural engineering for five states and he is the regional person. Mr. Grendell asked George Smerigan, Vice President, Oxbow Engineering, Inc. to step forward. Mr. Smerigan is a professional planner and has worked in several area municipalities for over 35 years. He sent a letter to Mr. Grendell, dated March 7, 2008, in which he stated that he had reviewed the proposed plans of Global Country of World Peace for the property in Mayfield Heights. There are three proposed uses, executive offices for Mr. Murach for a regional headquarters, an educational facility provided by an accredited organization and a wellness center with a licensed physician and other licensed professionals. In his opinion all three are permitted as main uses in the U-7 zoning classification. That zoning classification also does not limit the number or mixture of uses on a site. Mr. Grendell then apologized for not getting the information to Council before the meeting. He was delayed by weather last Friday. He asked that the Planning Commission record be part of the Council record, as it was included in that. Based on the statements made tonight he asked that the Planning Commission decision be reversed and preliminary site plan approval granted. Mr. Carr requested a copy of the ethics opinion Mr. Grendell had referred to earlier. He also stated that as he does not attend Planning Commission meetings, he had not seen this information prior to tonight. He explained that he needs to review the information in order to advise Council properly and asked that Council take that into consideration.
Ken Dunn and Ron Reed of Westlake, Reed and Leskosky, and Sherry Arinson and Jim Senick of Hillcrest Hospital, were in attendance. Mr. Dunn stated there were a few changes to the preliminary site plans. Material Management would remain in its present location on the south campus. There are no external changes and they will supplement current plantings on the south boundary. They will accept the recommendation of the traffic review and will not install a traffic signal at the SOM Center drive.
Nicholas Zinni, Nicholas Properties, requested that the property at 1085 SOM Center Road be rezoned from single family to multi family housing. Mr. Ballistrea referred the request to the Planning Commission. ---------------------------------------------------------------------------------------------------------------------- RESOLUTION NO. 2008-11: "A Resolution proclaiming March 2008 as "National Nutrition Month."" 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 Mr. DiCicco. Roll Call on motion as stated: AYES: Snider, DiCicco, Sasak, Mercurio, Finney, Kobunski, Ballistrea. NAYS: None. Motion carried. The resolution is adopted.
RESOLUTION NO. 2008-12: "A Resolution accepting a certain bid for concrete (Ioppolo Concrete Corporation)." 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: Sasak, Kobunski, DiCicco, Finney, Mercurio, Snider, Ballistrea. NAYS: None. Motion carried. Mrs. Finney moved for adoption, seconded by Mr. Mercurio. Mr. Ballistrea stated a memo was received with a bid tabulation. Roll Call on motion as stated: AYES: Mercurio, Sasak, Kobunski, Snider, DiCicco, Finney, Ballistrea. NAYS: None. Motion carried. The resolution is adopted.
RESOLUTION NO. 2008-13: "A Resolution accepting a certain bid for vehicles (Marshall Ford)." Mr. Carr read the resolution by title only. Mrs. Snider moved for suspension of the rules, seconded by Mr. Mercurio. Roll Call on motion as stated: AYES: Kobunski, Snider, Finney, Mercurio, DiCicco, Sasak, Ballistrea. NAYS: None. Motion carried. Mrs. Finney moved for adoption, seconded by Mrs. Snider. Mayor Costabile stated that the sport utility vehicle (SUV) price came in lower than the sedan price. Mr. Kobunski inquired if this was part of the vehicle replacement program the Mayor had mentioned previously. The Mayor replied that he has initiated a vehicle replacement program to keep the vehicles safe and limit repair work. However, the SUV purchase is new so is not a part of that program as of yet. The SUV's perform better in bad weather and can serve a dual purpose as opposed to the sedans. Roll Call on motion as stated: AYES: DiCicco, Mercurio, Sasak, cruisers and Service Department equipment. The SUV's perform better in bad weather. Roll Call on motion as stated: AYES: DiCicco, Mercurio, Sasak, Kobunski, Finney, Snider, Ballistrea. NAYS: None. Motion carried. The resolution is adopted.
RESOLUTION NO. 2008-14: "A Resolution authorizing a consulting services agreement with LNE Group ("LNE") for the purpose of seeking and securing Federal and State funds for repair and replacement of sewer infrastructure (Federal) as well as funding for law enforcement equipment and other related local purposes to be determined in the future (State), and declaring an emergency." Mr. Carr read the resolution by title only. Mr. Sasak moved for suspension of the rules, seconded by Mr. DiCicco. Roll Call on motion as stated: AYES: Finney, Mercurio, Snider, Kobunski, Sasak, DiCicco, Ballistrea. NAYS: None. Motion carried. Mr. Mercurio moved for adoption, seconded by Mr. Kobunski. Mr. Ballistrea stated the Finance Committee reviewed the contract. Mr. Mercurio added that the Mayor explained the matter thoroughly when answering Mrs. Finney's questions earlier this evening. Roll Call on motion as stated: AYES: Snider, DiCicco, Sasak, Mercurio, Finney, Kobunski, Ballistrea. NAYS: None. Motion carried. The resolution is adopted.
RESOLUTION NO. 2008-15: "A Resolution authorizing an engineering services agreement with URS Corporation, for the purpose of providing the City of Mayfield Heights, with necessary engineering services as required in the normal course of municipal projects, and declaring an emergency." Mr. Carr read the resolution by title only. Mrs. Snider moved for suspension of the rules, seconded by Mr. Mercurio. Roll Call on motion as stated: AYES: Sasak, Kobunski, DiCicco, Finney, Mercurio, Snider, Ballistrea. NAYS: None. Motion carried. Mrs. Finney moved for adoption, seconded by Mr. Mercurio. Mr. Carr stated that due to the lateness and haste of preparation, there is an error on the Fee Schedule. The reference of 20 Hrs/Month for the retainer fee should be deleted. A correct copy would be prepared and distributed. Mayor Costabile stated that representatives from the firm were in attendance and he asked them to speak. Gary Hribar, Managing Principal, thanked the Mayor and the Building Director for their faith in the firm and they will do everything to fulfill that faith. The company has 55,000 people worldwide with about 200 people in the Cleveland area. The company has been here since 1941. Some areas they deal with are diversity, traffic and storm water issues. David McCallops, Senior Project Manager, will be the primary engineer. He has been with URS for about two years and was a city engineer for many years. He has experience in both the private and municipal sectors. Mr. McCallops stated he was excited about this opportunity. Joseph Ferenczy, Senior Civil Engineer, will be the secondary contact. He has been with URS for over three years. He worked with a small company and was a consulting engineer for many municipalities. Mr. Ballistrea commented that Council received material on the company. He is pleased with the choice. Mayor Costabile added that the Director of Building, Tom Jamieson, was actively involved in the process of reviewing and interviewing, as the Building Department works with the City Engineer constantly. URS is a professional company with a community mentality, which is a benefit to the City. The Mayor is proud of the association through the years with Fisher and Associates, but is also excited about the future relationship with URS. Roll Call on motion as stated: AYES: Mercurio, Sasak, Kobunski, Snider, DiCicco, Finney, Ballistrea. NAYS: None. Motion carried. The resolution is adopted. ---------------------------------------------------------------------------------------------------------------------- Mr. Carr reported that he received a new agreement with Seagull Development Corporation and meant to have a resolution to present to Council this evening. However, with the last minute issues with the URS matter, he forgot. This agreement is the best one the City has received. He requested Council add the resolution to the agenda. The drilling could probably not be started before May. He understands if Council is not comfortable doing this without all the information.
Mr. Mercurio moved to place a resolution on the agenda to approve the Seagull Development gas and oil lease, seconded by Mr. Ballistrea. Roll Call on motion as stated: AYES: Mercurio, Ballistrea. NAYS: Kobunski, Snider, Finney, DiCicco, Sasak. Vote 2-5. Motion failed.
Mr. Carr apologized to Seth Beal of Seagull for not getting the legislation prepared. The new agreement will be sent to all of Council before the next Council meeting. ---------------------------------------------------------------------------------------------------------------------- Mr. Ballistrea explained that a letter was received from John A. Demer, attorney for Franchise Operations, Inc. (Burger King) requesting that the rezoning request be withdrawn (letter attached).
Mr. Sasak, seconded by Mrs. Finney, moved to remove the ordinance from the table, place it on the agenda and withdraw at the request of the applicant. Roll Call on motion as stated: AYES: DiCicco, Mercurio, Sasak, Kobunski, Finney, Snider, Ballistrea. NAYS: None. Motion carried.
ORDINANCE NO. 2008-1: "An Ordinance amending the zone map of the City of Mayfield Heights, Ohio, so as to rezone Permanent Parcel Number 862-01-055 (1467 Worton Boulevard), from its current U-1(1) (Single Family House Subdistrict) to U-4 (Local Retail/Wholesale District)." Mr. Carr read the ordinance by title only. The ordinance is withdrawn at the request of the applicant. ---------------------------------------------------------------------------------------------------------------------- As he would be abstaining from discussion and voting on the following three motions, Mr. Ballistrea turned the meeting over to Council President Pro Tem Sasak.
Mrs. Finney, seconded by Mr. Kobunski, moved to remove the three hospital motions from the table and place on the agenda. Roll Call on motion as stated: AYES: Finney, Mercurio, Kobunski, Sasak, DiCicco. NAYS: None. Mr. Ballistrea and Mrs. Snider abstained, as they are employees of the hospital. Vote 5-0. Motion carried.
Mrs. Finney, seconded by Mr. Mercurio, moved to confirm the decision of the Planning Commission granting a final site plan to Hillcrest Hospital, 6780 Mayfield Road, for the proposed bed tower addition, surgery/emergency expansion and site improvements contingent upon additional landscaping being provided as a buffer on the south side of the property and compliance with the February 14, 2008 TMS Engineers, Inc. report. Mayor Costabile commented that this was one of the areas where there were some changes made. The hospital worked with the City to take into consideration the residents on the south side of the property. The main change is the move of the driveway on SOM Center further north away from the residential properties as well as the implementation of additional natural buffering along the south property line that is adjacent to residential properties. Mr. Sasak added that the vote was unanimous from the Planning Commission and they felt strongly about this matter, especially the reduction of the noise factor for the residents. Mr. Kobunski stated that he received some calls from residents of Larchmont who stated they would like the hospital to meet with the residents to explain the plans. Sherry Arinson, Vice President for Operations, stated that the hospital plans to meet with the neighbors to review the plan. The hospital wanted to wait until the plans were approved by the City before setting a date. All in favor, except Mr. Ballistrea and Mrs. Snider who abstained for the reason stated above. Vote 5-0. Motion carried. ---------------------------------------------------------------------------------------------------------------------- Mr. Mercurio, seconded by Mr. Kobunski, moved to confirm the decision of the Planning Commission granting a final site plan to Hillcrest Hospital for the North Campus, 6777 Mayfield Road, in conjunction with the Hillcrest Hospital expansion. Mr. Sasak explained this was the old Buick Friedman property. All in favor, except Mr. Ballistrea and Mrs. Snider who abstained for the reason stated above. Vote 5-0. Motion carried. ---------------------------------------------------------------------------------------------------------------------- Mr. Mercurio, seconded by Mrs. Finney, moved to confirm the decision of the Planning Commission granting a final site plan to Hillcrest Hospital for the Hillcrest Medical Buildings, 6801-6803 Mayfield Road, in conjunction with the Hillcrest Hospital expansion. All in favor, except Mr. Ballistrea and Mrs. Snider who abstained for the reason stated above. Vote 5-0. Motion carried. ---------------------------------------------------------------------------------------------------------------------- Mr. Sasak turned the meeting back over to Council President Ballistrea.
Mr. Ballistrea stated that for the following motion, in lieu of Mr. Carr's remarks on his need to review the information and statements made this evening on behalf of the applicant's request and in order to give Council time to review all the information given to them, as well, Mr. Ballistrea would like a motion to table the motion.
Mr. Carr asked Mr. Grendell for a copy of the ethics report as to his lack of conflict of interest in this matter pertaining to his Senate position representing the residents of the City. Mr. Grendell stated he would fax it to Mr. Carr tomorrow. Mr. Carr continued that both residents and the administration have asked about Mr. Grendell's participation as the counsel for this organization, when he is the Senator for the City. Mr. Carr stated that he understands the Mr. Grendell is the third attorney hired for this matter. The concern is that the City, through the auspices of the LNE Group, will be seeking state funding, which as a representative of the City, Mr. Grendell would be helping to facilitate this process. While it is not always the fact of conflict or ethical considerations, but the appearance of, Mr. Carr felt that could be a problem for the City if this matter becomes adversarial. Mr. Grendell answered that his client was not here to be adversarial, as they comply with both the technical and use requirements of the City's zoning. Should it go that way, he has had it reviewed and approved by the ethics council of the legislature that it falls within the parameters and it has no conflict of interest either in its current form or any potential form. Mr. Carr stated that while he does not doubt the veracity of the claim, if this matter becomes controversial, it would make for an uncomfortable situation and the appearance is what is problematic and he asked Mr. Grendell to take that into consideration. Mr. Grendell stated they had and do not desire to be adversarial. For the record, this property does not technically hit his seventh district. No matter, it certainly would not affect his ability to provide his assistance to the City in his role as a Senator of the City. Mr. Grendell also stated for the record that his client did not object to the tabling of the motion for review.
Mr. Mercurio, seconded by Mrs. Snider, moved to table the motion to approve the decision of the Planning Commission denying the request for preliminary site plan approval for two 12,690 sq. ft. buildings for a new Corporate Conference & Wellness Center for Global Country of World Peace, 2096, 2106, 2110, and 2120 Lander Road. All in favor, motion carried. The motion is tabled. ---------------------------------------------------------------------------------------------------------------------- Mr. Mercurio, seconded by Mr. Sasak, moved to authorize a lease for a 2008 Ford Explorer Sport Trac vehicle for use by the Juvenile Diversion for 36 months from Marshall Ford at a cost of $408.00 per month for a total cost of $14,688.00 (County grant money). Mr. Ballistrea stated a memo was received from Sgt. Greg Michl the Juvenile Diversion Officer. All in favor, motion carried. ---------------------------------------------------------------------------------------------------------------------- Mr. Mercurio, seconded by Mrs. Snider, moved to approve the purchase of 9 "Welcome" signs for the City at a cost not to exceed $12,556.50. Members of the Mayor's Community Council were present and unveiled the new sign. Mr. Ballistrea commented that the Finance Committee reviewed the subject and recommended approval. Mayor Costabile commented that the signs are basically the same size as the current signs. He is excited about the new look. Mr. Kobunski inquired if the current poles would be changed. The Mayor said no, the current poles will work. All in favor, motion carried. ---------------------------------------------------------------------------------------------------------------------- There being no further business to come before Council, Mr. Ballistrea adjourned the meeting at 9:10 P.M.
Approved: Respectfully submitted,
Michael Ballistrea Lisa A. Benedetti, MMC Council President Deputy Clerk of Council
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