CITY OF MAYFIELD HEIGHTS

COUNCIL MEETING MINUTES

June 23, 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.

Mr. Mercurio moved to suspend reading of the Council minutes of June 9, 2008, and approve as written, seconded by Mrs. Finney.  All in favor, motion carried.  Minutes approved.

CORRESPONDENCE AND ANNOUNCEMENTS:

Mr. Ballistrea expressed condolences to the Petrof and Jamieson families.

REPORTS OF OFFICERS:

Mayor Costabile:  Mayfield Road Update:  The project is at or ahead of schedule.  Phase I and III should be completed by the end of July, then the interchange work will begin.  The freeway ramps will remain open during construction.

A traffic signal was recently added on Ridgebury Blvd. to ease congestion and now a westbound left turn lane may be added to turn onto Giesse.

There was a budgeted amount for the 2008 road program this year. The bids for the road program came in almost $300,000 under the City Engineer's estimated amount.  Therefore, that money may be used for other items for the roads.  Almost 50% of the roads will have work done on them this year.

Three new bocce courts have been installed at the main park along with a picnic area and landscaping.  The pool area has also been refurbished.   

Many events have been planned for the summer.  The Mayor's Golf Outing is July 25, 2008.  Community Unity Days is August 21 - 24, 2008.  The parade will return to the Mayfield Road route this year.  The Mayor encouraged residents to check for updates, which are posted on the website, cable station and the AM radio station.

The Mayor attended the opening ceremonies for Relay for Life at Brush High School.  He was touched to be a part of this event for cancer awareness.

Dates to remember:

June 24         Howard Hannah opening

June 26         Elk and Elk grand opening

July 1            Costco fuel station opening

The rental inspection program is going well to maintain the housing and apartment stock in the City.  Many cities are now looking into having such a program also. The Building Director will be attending a program on foreclosures wherein mediation will be offered to assist homeowners and lenders to resolve their differences in an amicable manner.

The Mayor is a member of a sub committee of the Mayor's and Managers Association of Cuyahoga County pertaining to the oil and gas well issue.  Because of the efforts of this committee, the Ohio Department of Natural Resources will be reviewing its rules and regulations with regard to urban drilling and the needs of the communities affected, hopefully in the next few months.

The Safety Forces attended the last day of school at Lander Elementary and everyone had a good time.

Dr. Don Spanner, the Emergency Director for the City's EMS unit, recently conducted a review of the unit's logs to continue to keep our department efficient in this regard.

The Spring into Wellness event for seniors was a big success.  The Mayor congratulated Human Services Coordinator Eileen Adornetti for her efforts.

The new City signs are up and he is proud of the look and thanked the Mayor's Community Council committee for its work on them.

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 several items on the agenda this evening.

Legislative Committee:  No report.

Public Works and Services Committee:  Mr. Kobunski commented that the Service Department did a nice job on the new bocce courts.  There is also a fountain that was installed.

Recreation and Parks Committee:  Mrs. Snider stated the next meeting was June 24, 2008.

Safety and Transportation Committee:  No report.

Board of Zoning Appeals:  Mr. Kobunski reported on the meeting held June 10, 2008.  Copies of the minutes of the meeting were mailed to all members and are a part of the permanent record.

Commission on Aging:  Mr. Ballistrea stated the Commission is on recess until September.

Planning Commission:  Mr. Sasak reported on the meeting held June 16, 2008.  Copies of the minutes of the meeting were mailed to all members and are a part of the permanent record.

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PUBLIC COMMENT:

Samuel Linetsky for Vlad Linetsky, Linet Graphics Studio, spoke on behalf of Yeleseyevsky Deli.  A main sign was replaced on the side facing Mayfield Road.  A variance was needed to install a secondary sign on the side, where the primary entrance actually is located.  He does not understand why a variance is needed.  The variance was denied by the Board of Zoning Appeals and he asked that it be overturned.  It was for a 28 sq. ft. sign.  This business has been in the City for many years and this sign may help them to continue to succeed.  Mr. Vlad Linetsky added that only one sign is permitted, but there is only one main entrance on the side and the allowed 6 sq. ft. is very small.  He displayed how it looks and explained that if he puts the small sign on the Mayfield Road side and the bigger one on the side, he did not think it would look good.  The sign in front is 29 sq. ft.  Mr. Samuel Linetsky asked for Council's consideration.

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RESOLUTION NO. 2008-49:  "A Resolution commending the firm Fisher & Associates and its President, Thomas F. Hippley for its dedicated service to the City of Mayfield Heights."  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.  Mrs. Snider moved for adoption, seconded by Mr. Mercurio.  Roll Call on motion as stated:  AYES:  Snider, DiCicco, Sasak, Mercurio, Finney, Kobunski, Ballistrea.  NAYS:  None.  Motion carried.  Mr. Hippley and his staff were asked to come to the front of the room.  Mayor Costabile read the resolution in its entirety and presented it to Mr. Hippley.  Mr. Hippley expressed the firm's thanks.  They tried very hard to do the best work for the City.  He thanked his family and his dedicated employees as well as the City's dedicated employees whom they worked with over the years.  The resolution is adopted.

RESOLUTION NO. 2008-50:  "A Resolution confirming the action of the Board of Zoning Appeals of the City of Mayfield Heights in denying to Linet Graphic Studio, on behalf of Yeleseyevsky Deli, a 22 sq. ft. variance to place a 28 sq. ft. "Yeleseyevsky Deli" secondary identification sign on the side of the building, at the location known as 5870 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: Sasak, Kobunski, DiCicco, Finney, Mercurio, Snider, Ballistrea.  NAYS:  None.  Motion carried.  Mrs. Finney moved for adoption, seconded by Mr. Mercurio.  Mr. Kobunski stated that the BZA felt that the main sign in the front was enough to identify the business.  The sign on the side would be hidden by the building next door from certain angles.  Mrs. Finney thanked the applicant for coming and stated she likes the new front sign, but does not believe another one is needed.  Roll Call on motion as stated:  AYES:  Mercurio, Sasak, Kobunski, Snider, DiCicco, Finney, Ballistrea.  NAYS:  None.  Motion carried.  The resolution is adopted.

RESOLUTION NO. 2008-51:  "A Resolution confirming the action of the Board of Zoning Appeals of the City of Mayfield Heights in granting to Thomas Gooding, on behalf of Qdoba, a variance to conduct outdoor sales in conjunction with a 16' x 20' outdoor seating addition on the side of the building, 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. 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 Mrs. Finney.  Mr. Ballistrea stated that this is a different variance request than the previous denied one and no alcohol would be served.  Mr. Kobunski commented that the only concern of the BZA was that there was not a dedicated staff person to clean up the outside patio, but the company said they would do so.  Roll Call on motion as stated:  AYES:  DiCicco, Mercurio, Sasak, Kobunski, Finney, Snider, Ballistrea.  NAYS:  None.  Motion carried.  The resolution is adopted.

RESOLUTION NO. 2008-52:  "A Resolution approving a lot split of Parcel No. 861-28-030 to create a separate 0.7268 acre Parcel "B" (5930 Mayfield Road-Mayland Shopping Center)."  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. Sasak moved for adoption, seconded by Mr. DiCicco.  Mr. Ballistrea commented that Parcel A on the eastern side of the property seems to loop around the back of Parcel B.  He asked for clarification.  Mr. Richard Eisenberg, attorney for Sam Costanzo, explained that Parcel A has two permanent parcel numbers and is to remain joined.  The property owner does not know what the future use of the property might be.  There could be another lot split requested.  There is already an easement and some concerns about parking on Parcel B.  Without knowing the future, the property owner wanted to keep the parcel together.  Mr. Costabile stated that he spoke with the City Engineer.  A vast majority of the work has been completed and there are just a few more issues to be resolved.  Roll Call on motion as stated:  AYES:  Snider, DiCicco, Sasak, Mercurio, Finney, Kobunski, Ballistrea.  NAYS:  None.  Motion carried.  The resolution is adopted.

RESOLUTION NO. 2008-53:  "A Resolution adopting the alternative tax budget information format of the City of Mayfield Heights, State of Ohio, for the fiscal year 2009."  Mr. Carr read the resolution by title only.  Mr. Kobunski 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 Mr. Mercurio.  Mr. Ballistrea stated a memo was received from Mr. Tribby.  Roll Call on motion as stated:  AYES:  Mercurio, Sasak, Kobunski, Snider, DiCicco, Finney, Ballistrea.  NAYS:  None.  Motion carried.  The resolution is adopted.

RESOLUTION NO. 2008-54:  "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. Finney.  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.  Mr. Ballistrea stated a memo was received from Mr. Tribby.  Roll Call on motion as stated:  AYES:  DiCicco, Mercurio, Sasak, Kobunski, Finney, Snider, Ballistrea.  NAYS:  None.  Motion carried.  The resolution is adopted.

RESOLUTION NO. 2008-55:  "A Resolution accepting a certain bid for asphalt patching and the resurfacing of pavement on various streets (Burton Scot Contractors, LLC)."  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.  Mr. Ballistrea stated copies of the bid tabulation and letters from the City Engineer were sent to all members.  Roll Call on motion as stated:  AYES:  Snider, DiCicco, Sasak, Mercurio, Finney, Kobunski, Ballistrea.  NAYS:  None.  Motion carried.  The resolution is adopted.

RESOLUTION NO. 2008-56:  "A Resolution accepting a certain bid for crack sealing and surface treatment of various streets (Specialized Construction, Inc.)."  Mr. Carr read the resolution by title only.  Mr. Kobunski moved for suspension of the rules, seconded by Mr. DiCicco.  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.  Roll Call on motion as stated:  AYES:  Mercurio, Sasak, Kobunski, Snider, DiCicco, Finney, Ballistrea.  NAYS:  None.  Motion carried.  The resolution is adopted.

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ORDINANCE NO. 2008-15:  "An Ordinance amending Ordinance No. 2008-7 the appropriation expenditures of the City of Mayfield Heights, State of Ohio, for the fiscal year ending December 31, 2008."  Mr. Carr read the ordinance by title only.  Mr. Kobunski 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.  Mrs. Snider moved for adoption, seconded by Mrs. Finney.  Mr. Ballistrea stated a memo was received from Mr. Tribby.  He asked who would decide how the money would be used.  Mayor Costabile replied that the county holds the money and releases the funds after the City presents plans.  The City will use the City Engineer's firm's landscaping division.  The money can be used for that purpose and/or for signage for businesses in that area, which is Lander Road west to the Lyndhurst border.  When there is a landscape plan in place, it will be presented to Council for its input.  Roll Call on motion as stated:  AYES:  DiCicco, Mercurio, Sasak, Kobunski, Finney, Snider, Ballistrea.  NAYS:  None.  Motion carried.  The ordinance is adopted.

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Mr. Mercurio, seconded by Mrs. Finney, moved to confirm the approval of the Planning Commission for a preliminary site plan for the Eagles Point eight unit cluster home development at 1085 SOM Center Road.  Mr. Ballistrea stated the Planning Commission unanimously approved this plan.  He had heard from some residents in Stonecreek on the northerly border that they would like buffering.  It looks like the trees will be left.  Mr. Sasak concurred.  Elevation was also an issue, which is why this is preliminary.  Mayor Costabile added that the Stonecreek residents are concerned with the grading and that issue would be reviewed by the City Engineer to ensure there is no runoff.  The tree buffering will remain.  Mr. Kobunski cautioned about working around the trees so that they do not get damaged and end up dying.  All in favor, motion carried.

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Mr. Mercurio, seconded by Mr. DiCicco, moved to authorize payment of $17,880.00 to Universal Oil, Inc. for gasoline for various departments.  Mr. Tribby remarked that because of the summer recess and the need to pay these bills in a timely manner, he would ask that Council ratify the bills after the fact.  Mr. Kobunski stated that there seem to be bills every month.  Mr. Tribby explained that one month there is a bill for diesel and one month it is for gasoline and the vendor is determined by who has the best price when it is ordered.  All in favor, motion carried.

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Mrs. Snider, seconded by Mrs. Finney, moved to advertise for rock salt bids. All in favor, motion carried.

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Mr. Mercurio, seconded by Mrs. Finney, moved to add to the agenda a motion to advertise for the sale of three used police cruisers, one 2005 Crown Victoria and two 2006 Crown Victorias.  All in favor, motion carried.

Mr. Kobunski, seconded by Mr. Sasak, moved for the above motion.  Mr. Kobunski asked if these are replacements for the new cars recently purchased.  Mr. Tribby stated the new vehicles are either already in place or will be shortly. All in favor, motion carried.

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Mr. Mercurio, seconded by Mrs. Snider, moved to recess the regularly scheduled Council meetings of July and August. All in favor, motion carried.

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There being no further business to come before Council, Mr. Ballistrea adjourned the meeting at 8:35 P.M.

Approved:                                                        Respectfully submitted,

Michael Ballistrea                                            Lisa A. Benedetti, MMC

Council President                                            Deputy Clerk of Council