City Council Council Minutes 06/09/2008 - Council Meeting Minutes Menu
| 06/09/2008 - Council Meeting Minutes |
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CITY OF MAYFIELD HEIGHTS COUNCIL MEETING MINUTES
June 9, 2008
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, Mr. Robert Tribby and Miss Lisa Benedetti.
The Pledge of Allegiance was said.
Mrs. Finney moved to suspend reading of the Council minutes of May 12, 2008, and approve as written, seconded by Mr. Mercurio. All in favor, motion carried. Minutes approved.
CORRESPONDENCE AND ANNOUNCEMENTS:
Mr. Sasak commended the Mayor's Community Council and the chairpersons, Marv Blankfeld and Larry Sofia, for an excellent Memorial Day Service. Several residents also commented that it was a good program.
Mrs. Snider reported that Relay for Life would be held this weekend at Brush High School. She asked everyone to support this worthwhile event.
REPORTS OF OFFICERS:
Mayor Costabile: The Memorial Day Service was well attended and it was a great program. It is currently being played on the City's cable station and will be on the website. The Mayor echoed Councilman's congratulatory remarks to the Mayor's Community Council, the Gellott family for their wonderful vocals, to the two co-chairs who put their heart and soul into the program, the speakers and all who attended to show their support.
Mayfield Road Update: The project is moving along and is at or ahead of schedule. The Mayfield/SOM Center intersection is completed. Because of the high volume of traffic there were some issues when various lanes had to be closed for the construction. Because of additional funds available, quicker drying cement was used which allowed for faster re-opening of the lanes. The administrations hope to have Phase I and III completed by the end of July.
The Hillcrest Hospital volunteers celebrated their 40th anniversary. It is amazing how many hours these volunteers give and the Mayor commended those volunteers.
As Council knows, Hillcrest Meals on Wheels celebrated its 25th anniversary. The Mayor commended those volunteers as well.
The Recreation Commission held its first annual community event to bring people together and to raise money for the various events sponsored throughout the year. More than 150 people attended and enjoyed the event. It was a good event to bring the community together in a fun way. The date may be moved to earlier in the year next year. Special thanks to the Chair, Cecelia Papponetti and the Parks and Recreation Commission.
The new City welcome signs are completed and should be installed by next week.
The new TC3 contract is on the agenda. None of the rates changed and the Mayor recommends adoption of it.
The Mayor stated he was appointed to an oil and gas well committee of the Cuyahoga County Mayors and Managers Association. He has sent letters to the Senate President and Speaker of the House to ask that HB278 be reviewed again. There will be a meeting next week with representatives from the Ohio Department of Natural Resources.
The Northeast Ohio Mayors and Managers Association has voted to proceed to Phase II of the regional planning and tax revenue sharing. Regionalization is a concept that will be good for the whole region. The group is looking into funding for this phase in the form of grants.
The Mayor is proud of the fact that the City continues to get funding from various sources for various projects. As previously reported, the City received almost $500,000 from the federal government for the Mayfield Road project and the LNE Group also was instrumental in getting $100,000 from the State to assist with improvements to the DeJohn Community Center. The Mayor also thanked Senator Grendell for his help in obtaining this money from the State. The money will be used to enhance the community center. Public Sector Solutions was instrumental in obtaining $50,000 in Block Grant money from the County to be used for street landscaping on Mayfield Road. The Mayor thanked Council for supporting his request to retain the LNE Group and Public Sector Solutions to assist the City with economic development issues and for taking the initiative to think proactively on behalf of the City in this important area.
The Community Outreach Committee, part of the Mayor's Community Council, recently held a Spring Cleanup for some residents, which was well received. The Mayor is proud that this could be done in the City.
Mr. Ballistrea inquired as to when the lanes at Mayfield/SOM Center intersection would be opened. Mayor Costabile replied that aprons still need to be poured and should be done within the next two weeks. The lanes would then be opened.
Mrs. Snider stated that a resident asked if the City offers a community policing program for certain areas. Mayor Costabile replied that, if there is cause for concern, it could be done for a certain area. The resident should call his office to discuss the matter.
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 reported on the meeting held May 19, 2008. Copies of the minutes of the meeting were mailed to all members and are a part of the permanent record.
Legislative Committee: No report.
Public Works and Services Committee: Mr. Kobunski noted the hanging floral baskets installed in certain areas by the Service Department, which help to beautify the City.
Recreation and Parks Committee: Mrs. Snider reported the pool would open on June 12, 2008 and the summer camps would begin on June 16, 2008. The next meeting of the Committee is June 24, 2008 and will be a walk through of the park.
Safety and Transportation Committee: No report.
Board of Zoning Appeals: Mr. Kobunski reported on the meeting of May 13, 2008. Copies of the minutes of the meeting were mailed to all members and are a part of the permanent record. June 10, 2008 is the next meeting.
Commission on Aging: Mr. Ballistrea reported on the meeting of June 3, 2008. Copies of the minutes of the meeting were mailed to all members and are a part of the permanent record. Mr. Ballistrea mentioned that the Spring Into Wellness program would be held June 18, 2008 from 10:00 A.M. to 1:00 P.M. There will be free health screenings and all residents are welcome.
Planning Commission: Mr. Sasak reported on the meeting of May 9, 2008. Copies of the minutes of the meeting were mailed to all members and are a part of the permanent record. The May 19, 2008 meeting was cancelled due to lack of an agenda. ---------------------------------------------------------------------------------------------------------------------- PUBLIC COMMENT:
Peter Nintcheff, 3941 West Valley, Fairview Park, representing the Goldberg Company, the owner of the property, stated that a prospective tenant, Qdoba, had requested variances for outdoor seating and a setback variance in conjunction with that request. They were denied them. Their corporate policy will not allow them to rent space without outdoor seating. He stated that there are many places in the City with outdoor seating and the setback portion he feels would work here with the traffic flow and the parking situation. He asked that the variances be granted. ---------------------------------------------------------------------------------------------------------------------- RESOLUTION NO. 2008-39: "A Resolution designating June 2008 as "National Internet Safety Month." Mr. Carr read the resolution by title only. Mrs. Finney moved for suspension of the rules, seconded by Mr. Sasak. 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 Mrs. Finney. Roll Call on motion as stated: AYES: Snider, DiCicco, Sasak, Mercurio, Finney, Kobunski, Ballistrea. NAYS: None. Motion carried. The resolution is adopted.
RESOLUTION NO. 2008-40: "A Resolution proclaiming June 2008 as "National Safety Month." Mr. Carr read the resolution by title only. Mr. DiCicco 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. Kobunski. Mayor Costabile commented that there is a good website for this subject, www.nsc.org. He recommended looking at it for helpful information. Roll Call on motion as stated: AYES: Mercurio, Sasak, Kobunski, Snider, DiCicco, Finney, Ballistrea. NAYS: None. Motion carried. The resolution is adopted.
RESOLUTION NO. 2008-41: "A Resolution confirming the action of the Board of Zoning Appeals of the City of Mayfield Heights in granting to Mayfield Heights TK, LLC., a 44' variance, in order to split the lot and create a 106' wide parcel for a new owner and occupant, contingent upon execution of an approved reciprocal easement agreement and declaration of restrictive covenant, as well as the demolition of the 6,586 square foot rear portion of the building to accommodate additional parking, for the location known as 5930 Mayfield 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. Kobunski moved for adoption, seconded by Mr. Mercurio. Mrs. Finney wondered if this split would create a hardship for the properties on either side with front footage requirements. Greg Gallas, Newton Oldacher McDonald, LLC, Rocky River, stated they would be the landlord, if they buy the property. Richard Eisenberg, Lyndhurst, counsel for Costanzo and Sons company, stated Mr. Costanzo is the seller of the property, which is the old Hal Artz/Mullinax car dealership property. Mr. Eisenberg stated that the code calls for 100' front footage for commercial property on Mayfield Road and 150' footage
for motor services. The Building Director determined that Tire Kingdom, the proposed tenant of this property, falls under motor services. The purchaser is acquiring with the easement 20' to the west, which would give them 105.9'. The concern of the Board of Zoning Appeals was that the usage might change, which is why there is a restrictive covenant. Also, that the rear portion of the building would be used for something other than storage. The purchaser agreed to demolish the back portion of the building. It gives them the parking that they need. Mr. Ballistrea asked if the easement has been signed. Mr. Eisenberg said yes. There are also a number of easements, which are not exclusive further to the west and front and to the east of this building. Mrs. Finney's question about splitting the lot was relevant, because it leaves the parcel to the east freestanding. This leaves it with 203' front footage, which would comply with most uses that might go in. Mr. Gallas commented that by removing the storage area at the back of the building, there could be room now for only two tenants instead of three. The second tenant would be retail. Mrs. Finney asked if a parking variance would be needed for the second tenant. Mr. Eisenberg replied that by removing part of the building, it creates more parking space and lowers the required number of spaces. Mr. Carr noted that the deal between Newton Oldacre McDonald and Mr. Costanzo has not been signed yet. They are waiting for the City to approve these variances and the restrictive covenant. If they are not approved there is no deal. If they are approved and for some reason the two parties still do not sign, then because of the restrictive covenant, the variances are null. Mr. Ballistrea inquired about the easement with Boneyard. Mr. Eisenberg stated that was an exclusive easement. Then there are non-exclusive easements, which could be used by both entities. Mayor Costabile commented that this was a collaboration of several entities coming together for the greater good of the area. This property will be improved and the restrictive covenant also protects the City. Roll Call on motion as stated: AYES: DiCicco, Mercurio, Sasak, Kobunski, Finney, Snider, Ballistrea. NAYS: None. Motion carried. The resolution is adopted.
RESOLUTION NO. 2008-42: "A Resolution confirming the action of the Board of Zoning Appeals of the City of Mayfield Heights in denying to Thomas Gooding, on behalf of Qdoba, a variance request to conduct outdoor sales, in conjunction with a 300 square foot outdoor seating area in front of the building, at the location known as 1400 SOM Center Road, Mayfield Heights, Ohio." Mr. Carr read the resolution by title only. Mr. Sasak moved for suspension of the rules, seconded by Mrs. Snider. 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 Mrs. Finney. Mr. Kobunski stated the BZA had suggested changing the seating in the front, which they said, would not work. Mrs. Finney asked if alcohol would be served on the patio. The City has been granting outdoor seating to many places and that seemed to be a concern. Mr. Kobunski stated he believed the decision was based on the amount of square footage requested. Mrs. Finney commented that she would not want businesses not to come to the City for this reason. Clevelanders enjoy sitting outside. Mr. Kobunski stated he feels that the real reason for outdoor seating is for the smokers. Mr. Ballistrea stated that the BZA has to make a decision based on if there is a hardship in the land, it is a permitted use, and the decision is made on a case by case basis. Mrs. Finney replied that she believes that Council granted other places outdoor seating based on that it was a hardship, because they were losing money by not having outdoor seating. Mr. Ballistrea also added that this request also encroaches on the setback from SOM Center. Mr. Carr interjected that this particular variance was based on if there was a practical difficulty, not necessarily a hardship in the land. This is how the decision should be made; can they do business with just inside seating. They are an indoor facility, but would like additional outdoor space. Mrs. Finney stated it is a hardship if the corporation would not allow them to open without outdoor seating. She did not think the City was being fair, as other businesses got the seating. Mr. Carr added that looking at the legal side of things, that is not part of the issue. Roll Call on motion as stated: AYES: Snider, DiCicco, Sasak, Mercurio, Kobunski, Ballistrea. NAYS: Finney. Vote 6-1. Motion carried. The resolution is adopted.
RESOLUTION NO. 2008-43: "A Resolution confirming the action of the Board of Zoning Appeals of the City of Mayfield Heights in denying to Thomas Gooding, on behalf of Qdoba, a 27 foot setback variance request, to add an outdoor seating area in front of the building 83 feet from the centerline of SOM Center Road, at the location known as 1400 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. Mr. Sasak moved for adoption; seconded by Mrs. Snider. Mr. Ballistrea stated this goes with the denial above. Mrs. Snider stated she likes to see new business come to the City. Recently, Burger King was denied a variance for a new building. They rethought the project and came back with different plans that were approved. She wondered if perhaps this company could do the same. Mr. Kobunski stated they would be coming to the BZA with different plans tomorrow. Mr. Carr made a disclosure that this property is directly south of his office and he is a good friend with one of the investors. His legal opinion was given on what the decision of Council should be made on in terms of what type of hardship, but if anyone is uncomfortable with the relationships, other counsel outside his office could be obtained. Roll Call on motion as stated: AYES: Mercurio, Sasak, Kobunski, Snider, DiCicco, Ballistrea. NAYS: Finney. Vote 6-1. Motion carried. The resolution is adopted.
RESOLUTION NO. 2008-44: "A Resolution confirming the action of the Board of Zoning Appeals of the City of Mayfield Heights in denying to Carey Farber, a variance to conduct outdoor sales, in conjunction with a 320 square foot outdoor seating area behind the building, at the location known as 5881 Mayfield Road, Mayfield Heights, Ohio. (Spirits of 56)" 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: Kobunski, Snider, Finney, Mercurio, DiCicco, Sasak, Ballistrea. NAYS: None. Motion carried. Mr. DiCicco moved for adoption, seconded by Mr. Kobunski. Letters from residents who opposed this variance were copied to all members. Mr. Kobunski stated that he felt the decision was based on that smoking and the noise were too close to the homes. Again, the applicant is coming before the BZA tomorrow with a different location. Roll Call on motion as stated: AYES: DiCicco, Mercurio, Sasak, Kobunski, Snider, Ballistrea. NAYS: Finney. Vote 6-1. Motion carried. The resolution is adopted.
RESOLUTION NO. 2008-45: "A Resolution confirming the action of the Board of Zoning Appeals of the City of Mayfield Heights in denying to GPD Associates, on behalf of Gus Azzi, a variance to place additional signage on three canopies located on the north, east and west sides of the building, at the location known as 5790 Mayfield Road, Mayfield Heights, Ohio. (Dunkin Donuts)" Mr. Carr read the resolution by title only. Mrs. Finney moved for suspension of the rules, seconded by Mrs. Snider. 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 this one and the next two resolutions pertain to the same place. Mr. Kobunski explained that he felt that the majority of these issues seem to come down from corporate. For the variance for the sign by the street, several residents felt there was a sight problem for Mayfield Road. Mr. Ballistrea commented that this seems to be excessive signage and there is no practical difficulty. Roll Call on motion as stated: AYES: Snider, DiCicco, Sasak, Mercurio, Finney, Kobunski, Ballistrea. NAYS: None. Motion carried. The resolution is adopted.
RESOLUTION NO. 2008-46: "A Resolution confirming the action of the Board of Zoning Appeals of the City of Mayfield Heights in denying to GPD Associates, on behalf of Gus Azzi, a 33 square foot variance, in order to place a 39 square foot secondary sign on the west side of the building, at the location known as 5790 Mayfield Road, Mayfield Heights, Ohio. (Dunkin Donuts)" Mr. Carr read the resolution by title only. Mrs. Finney 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. Mercurio. Roll Call on motion as stated: AYES: Mercurio, Sasak, Kobunski, Snider, DiCicco, Finney, Ballistrea. NAYS: None. Motion carried. The resolution is adopted.
RESOLUTION NO. 2008-47: "A Resolution confirming the action of the Board of Zoning Appeals of the City of Mayfield Heights in denying to GPD Associates, on behalf of Gus Azzi, a two (2') foot variance, to erect a seven (7') foot high ground sign, at the location known as 5790 Mayfield Road, Mayfield Heights, Ohio. (Dunkin Donuts)" 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. DiCicco moved for adoption, seconded by Mrs. Finney. Roll Call on motion as stated: AYES: DiCicco, Mercurio, Sasak, Kobunski, Finney, Snider, Ballistrea. NAYS: None. Motion carried. The resolution is adopted.
RESOLUTION NO. 2008-48: "A Resolution authorizing the Mayor to enter into an agreement with TC3 Operations, Inc. to provide Senior Transportation Services 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. Kobunski moved for adoption, seconded by Mrs. Snider. Mr. Ballistrea stated a memo was received from Human Services Director Eileen Adornetti. There is no increase in fees. The contract would be for approximately $144,000 for the year. Roll Call on motion as stated: AYES: Snider, DiCicco, Sasak, Mercurio, Finney, Kobunski, Ballistrea. NAYS: None. Motion carried. The resolution is adopted. ---------------------------------------------------------------------------------------------------------------------- ORDINANCE NO. 2008-13: "An Ordinance providing for the issuance and sale of $3,600,000 Notes, in anticipation of the issuance of Bonds, for the purpose of improving the Municipal Complex by constructing, equipping and furnishing a fire station, construction, renovating, equipping, furnishing and improving administrative and other offices and facilities, improving parking facilities and landscaping and making other site improvements, all together with the necessary appurtenances thereto, and declaring an emergency." Mr. Carr read the ordinance 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. Mr. Mercurio moved for adoption, seconded by Mrs. Finney. Mr. Ballistrea stated a memo was received from Mr. Tribby. This is an annual item until it is paid off. Roll Call on motion as stated: AYES: Mercurio, Sasak, Kobunski, Snider, DiCicco, Finney, Ballistrea. NAYS: None. Motion carried. The ordinance is adopted.
ORDINANCE NO. 2008-14: "An Ordinance providing for the issuance and sale of $2,400,000 Notes, in anticipation of the issuance of Bonds, for the purpose of providing funds to pay a portion of the settlement of claims approved by the Court as final judgement rendered against the City in an action for compensation in the Court of Common Pleas, Probate Division, Cuyahoga County, Ohio, being Case No. 2003 ADV 75209 entitled City of Mayfield Heights, Ohio vs. Michael A. Shemo, and declaring an emergency." Mr. Carr read the ordinance by title only. Mr. DiCicco 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. Mr. Kobunski moved for adoption, seconded by Mr. Mercurio. Mr. Tribby explained that $300,000 of the note would be paid down with $2.4 million left. The pay down per year depends on revenues and rates. Roll Call on motion as stated: AYES: DiCicco, Mercurio, Sasak, Kobunski, Finney, Snider, Ballistrea. NAYS: None. Motion carried. The ordinance is adopted. ---------------------------------------------------------------------------------------------------------------------- Mrs. Snider, seconded by Mr. Mercurio, moved to confirm the decision of the Planning Commission approving a preliminary and final site plan for a 107 sq. ft. vestibule addition for McDonalds, 6225 Mayfield Road. Mr. Sasak stated that the Planning Commission decided to approve both preliminary and final site plans due to the limited scope of the project. The applicant is moving the entrance a little bit. All in favor, motion carried. ----------------------------------------------------------------------------------------------------------------------
Mr. Mercurio, seconded by Mrs. Snider, moved to advertise for Requests for Qualifications to provide comprehensive energy management and building related capital improvement services. Mr. Ballistrea stated the Finance Committee met and recommends this. Mayor Costabile stated this is another exciting program and the City will try to be pro-active with savings on utilities. Mr. Sasak added that it is an exciting opportunity. Utility costs continue to rise. All in favor, motion carried. ---------------------------------------------------------------------------------------------------------------------- Mr. Kobunski, seconded by Mr. Sasak, moved to authorize payment of $22,642.50 to Great Lakes Petroleum Company for diesel fuel for various departments. All in favor, motion carried. ---------------------------------------------------------------------------------------------------------------------- There being no further business to come before Council, Mr. Ballistrea adjourned the meeting at 8:55 P.M.
Approved: Respectfully submitted,
Michael Ballistrea Lisa A. Benedetti, MMC Council President Deputy Clerk of Council
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