CITY OF MAYFIELD HEIGHTS

COUNCIL MEETING MINUTES

October 27, 2008

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. Ronald Kobunski,  Mr. Sam Mercurio, Mr. David Sasak, Mrs. Diane Snider.

                                 ABSENT:      None.

Also present were Mayor Gregory Costabile, Mr. L. Bryan Carr, Mr. Robert Tribby and Miss Lisa Benedetti.

Mr. Tribby explained that the City is applying for funds through the County Block Grant Program.  A requirement of the application is to hold public hearings for residents to voice their opinions.  There are two program grants that the City will be applying for.  One is a $100,000 grant for curb cuts and sidewalk to make them ADA compliant.  The second is for major improvements on one or two streets.  Whether one or two streets are done also depends what the City gets in money from Issue 2 funds.  The streets under consideration are Commonwealth and Genesee.  Mr. Tribby sent around a sign up sheet for those in the audience.

As there were no comments from the public, the hearing was closed at 7:18 P.M.

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The regular meeting of Council was called to order at 7:30 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. L. Bryan Carr, Mr. Robert Tribby and Miss Lisa Benedetti.

The Pledge of Allegiance was said.

Mr. Sasak moved to suspend reading of the Council minutes of October 13, 2008, and approve as written, seconded by Mr. DiCicco.  All in favor, motion carried.  Minutes approved.

SPECIAL PRESENTATION:

Dr. Philip Price, Superintendent of the Mayfield School District and School Board Member George Hughes were in attendance.  Dr. Price stated that a levy did not pass this past March.  It lost by only 98 votes.  This time there is much more at stake.  $1.8 million was cut out of the budget this year and the administration tried to keep those cuts away from the students.  If this levy fails, then there would have to be an additional $2.4 million cuts with a significant reduction in programs.  Other items affected would be the number of coaches, advisors and some teachers.  This year the school district had the highest number of advanced placement students.  These programs would probably be cut in half also.  The budget has to be balanced. School districts do not get inflationary revenue as part of their budgets, which is why new levies are needed every few years. The last levy was in 2004.  The Mayfield District will be watching its expenditures.  The school district is the linchpin of the communities and support of it is critical.

Mrs. Finney stated she thought the literature for the levy was excellent.  It was easy to read.  Mr. Sasak pointed out that there was a gross misprint in the Sun Messenger last week.  It overstated the monthly cost to homeowners and he thinks everyone needs to hear this and understand it.  Dr. Price stated that the Sun Messenger would be printing a front page retraction of the error.  Mrs. Finney stated that along those lines she thought the percentage on the ballot was confusing.  Dr. Price explained that the percentage is based on 35% of the amount of a homeowner's tax duplicate, not the actual appraised value. 

Mayor Costabile stated that the City tries to educate its residents on these issues and Dr. Price may want to explain the reduction in support from the State and people need to know where the support comes from.  Dr. Price stated that the school district only gets $.07 on the dollar and much of that is already earmarked.  The school district will be losing $4 million in revenue over the next three years because of legislation the state legislature adopted that reduces personal property taxes.  School districts have to make up that shortfall. This most affects communities that have commercial and industrial bases, such as Solon and us.

Mr. Ballistrea stated that some other school districts that have levies on the ballot have had their teachers and service unions sponsoring rallies in support.  He has not seen this support for Mayfield externally and wondered if there been this type of support from the Mayfield district's staff. Dr. Price responded that there has been significant support from both the parents, teachers and staff, albeit behind the scenes, of the district to get the message out.  Dr. Price thanked the City for its support.

CORRESPONDENCE AND ANNOUNCEMENTS:  None.

REPORTS OF OFFICERS:

Mayor Costabile:  Mayfield Road Update:  Lanes have been poured for the ramps on the south side of Mayfield Road.  The wider lanes will alleviate the stacking of cars.  The winter reprieve will be starting before Thanksgiving.  There will be two lanes open heading west and three lanes open heading east.  According to current plans, 265 trees of various species will be planted in the interchange area with the possibility of an additional number.  The landscape architect division of URS will be involved with that segment of the project.  This will beautify that area, which has been a concern for many years.

The Hillcrest Hospital construction continues with the installation of storm sewers and underground work.

The City is in the process of finalizing some equipment upgrades for the PEG channels.  A meeting will be held this week.

The City wants to begin contract labor negotiations earlier in order to settle them earlier in the next year.

Due to a reduction in the number of residents signing up for computer classes, the City will combine with neighboring communities to offer these classes.  Anyone interested in classes should contact Eileen Adornetti at x244.

The Mayor spoke at Schnurmann Luther House and the residents seem to be happy with the way the City is functioning.  He always enjoys speaking to groups like this.

The Police Department will be out with extra personnel on Halloween and on Election Day.

A recent edition of Crain's Cleveland Business ranked office properties by square footage.  One building in Mayfield Heights ranks fourth on the list and out of the top 25, Mayfield Heights had three.

Dominion Gas has a website, www.dominiongaschoice.com, which helps consumers look for choices for lower gas prices. 

The Mayor's Community Council is looking for residents who cannot rake their own leaves.  The group will be holding a Fall Leaf Pick Up Day on November 8, 2008.  Anyone who may be eligible should contact the Mayor's office.  Volunteers are also needed.

Mrs. Finney commented that people heading east on Mayfield Road are turning left onto the freeway ramps and this is creating a traffic hazard. She has seen some close calls. Mayor Costabile stated that the police are monitoring the situation and it should be resolved soon with the change in construction.

Mr. Kobunski mentioned that he saw that Agilysis was moving back to the Cleveland area and wondered if the company has an interest to move back to Mayfield Heights.  The Mayor replied that with the economic development consultants available to help, the City would be interested. 

Director of Law Carr:  Mr. Carr reported that a records retention lawsuit previously reported went to the Court of Appeals.  That court upheld the lower court's dismissal of the case.

Director of Finance Tribby:  No report.

REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS:

Building Committee:  Mr. Sasak stated a meeting would be scheduled in regards to possible sign changes.

Finance and Audit Committee:  Mr. Mercurio reported on the meeting held October 22, 2008.  Copies of the minutes of the meeting were mailed to all members and are a part of the permanent record.  The committee is recommending Brewer-Garrett for the energy audit firm.

Legislative Committee:  No report.

Public Works and Services Committee:  No report.

Recreation and Parks Committee:  Mrs. Snider reported that the Halloween Bash was great and thanked everyone who helped.  The next meeting is October 28, 2008.

Safety and Transportation Committee:  No report.

Board of Zoning Appeals:  Mr. Kobunski stated a meeting was held October 14, 2008.  Copies of the minutes of the meeting were mailed to all members and are a part of the permanent record.  Building Director Tom Jamieson is in attendance to answer any questions, as Mr. Kobunski was unable to attend the meeting.

Commission on Aging:  Mr. Ballistrea stated the next meeting is scheduled for November 4, 2008.

Planning Commission:  Mr. Sasak reported on the meeting held October 20, 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:

Steve Ciciretto, architect for Sterling Collision Center and Dan Lajoie spoke.  Mr. Ciciretto stated that the Building Director had determined that the proposed plan for the property at 6570 Mayfield Road needed to go to the Board of Zoning Appeals for variances as it did not meet frontage or size requirements for an auto service facility.  At the BZA meeting it was then determined that the use is for estimating, not bodywork and that the use was similar to U-4 general business use, which the BZA could grant without variances.  Therefore, one resolution denies the variances because they were not needed as presented under one section and the other resolution grants approval for the use of the property with some contingencies under a different section of the code.  Mr. Ciciretto displayed the plan for the building and property.  There will be landscaping, which will make it more attractive.  Two companies will actually be sharing the space, Sterling and Allstate.

Robb Sedars, architect working with RMS Management at Golden Gate Shopping Center, explained the new proposed parking plan.  The entrance will be different from the one approved a few years ago.  They are trying to avoid the stacking problems in front of the stores and to get people into the center safely.  More green space will be added and they would like to landbank some parking spaces.

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RESOLUTION NO. 2008-72:  "A Resolution confirming the action of the Board of Zoning Appeals of the City of Mayfield Heights in denying to Sterling Collision Center, a request for variances for lot size; outdoor display of merchandise; and outdoor parking after business hours, at the location known as 6570 Mayfield Road, Mayfield Heights."  Mr. Carr read the resolution by title only.  Mrs. Snider 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. Mercurio moved for adoption, seconded by Mrs. Snider.  Mr. Ballistrea commented that the reason for this denial was that the BZA did not consider this use an auto service facility.  Mr. Jamieson further explained that when this proposal first came to the Building Department it was determined to be an auto service facility.  After additional information, the BZA determined that this was more of a general business use.  Roll Call on motion as stated:  AYES:  Snider, DiCicco, Sasak, Mercurio, Finney, Kobunski, Ballistrea.  NAYS:  None.  Motion carried.  The resolution is adopted.

RESOLUTION NO. 2008-73:  "A Resolution confirming the action of the Board of Zoning Appeals of the City of Mayfield Heights in granting to Sterling Collision Center, approval to occupy the location known as 6570 Mayfield Road, Mayfield Heights as a use in general keeping with the other uses authorized in the district."  Mr. Carr read the resolution by title only.  Mr. DiCicco 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. Sasak moved for adoption, seconded by Mr. Kobunski. Mr. Ballistrea commented that this resolution was to allow the use in the U-4 district as this particular use is not described anywhere in the code. Mrs. Finney asked if the contingencies are in writing.  Mr. Jamieson stated they are part of the resolution and Mr. Lajoie stated his agreement.  Mr. Jamieson added that the building has been empty for a long time and this will be an improvement.  Roll Call on motion as stated:  AYES:  Mercurio, Sasak, Kobunski, Snider, DiCicco, Finney, Ballistrea.  NAYS:  None.  Motion carried. The resolution is adopted.

RESOLUTION NO. 2008-74:  "A Resolution confirming the action of the Board of Zoning Appeals of the City of Mayfield Heights in denying to McQueen Advertising Co., Inc., on behalf of Franchise Operations Inc. (Burger King), a request for two variances to place additional signage on the east and west elevations of the building at 6251 Mayfield Road."  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. Ballistrea stated that this was a unanimous vote of denial by the BZA.  Mr. Jamieson explained that if there were a side customer entrance on the building, some signage would be allowed, but not this kind.  There is no side entrance on this building.  Roll Call on motion as stated:  AYES:  DiCicco, Mercurio, Sasak, Kobunski, Finney, Snider, Ballistrea.  NAYS:  None.  Motion carried.  The resolution is adopted.

RESOLUTION NO. 2008-75:  "A Resolution authorizing the Mayor to negotiate a professional services contract for the implementation of an Energy Conservation Project (Brewer-Garrett Company)."  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:  Finney, Mercurio, Snider, Kobunski, Sasak, DiCicco, Ballistrea.  NAYS:  None.  Motion carried.  Mrs. Finney moved for adoption, seconded by Mr. Sasak.  Mr. Ballistrea reminded Council that the Finance and Audit Committee recommends this company.  Council will see and approve the contract when it is negotiated.  Mr. Sasak stated that this is a unique opportunity for energy savings and to make the City greener.  Mr. Ballistrea added that the return on investment is between 8-10 years and there should be substantial savings.  Mayor Costabile commented that not many communities are taking advantage of this opportunity and he is proud that Mayfield Heights is taking a lead role.  Roll Call on motion as stated:  AYES:  Snider, DiCicco, Sasak, Mercurio, Finney, Kobunski, Ballistrea.  NAYS:  None.  Motion carried.  The resolution is adopted.

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Mrs. Finney, seconded by Mrs. Snider, moved to confirm the decision of the Planning Commission approving the preliminary site plan for the parking lot recirculation plan at the Golden Gate Plaza, 6420 Mayfield Road.  Mr. Ballistrea stated that the Planning commission minutes indicate that approximately 20 parking spaces will be lost.  Does that include the spaces used for the recent gas well installed?  Mr. Sedars explained that the gas well used one space for the well head and 19 spaces in the rear of the property for the tank battery.  The 20 spaces lost are from the initial plan, did not include the spaces lost to the well, but the plan still meets the parking requirements.  Mr. Ballistrea then stated that according to these plans, when motorists are leaving the center going south to north to exit on Mayfield Road, they have to cross two lanes of incoming traffic in the semi-circle to stay in their respective lanes.  The arrows on the drawing seem to indicate an immediate left. He was concerned motorists may be apt to turn immediately into the curb lane and into oncoming traffic. He wondered if these 90 degree arrows were appropriate directional signage.  He would like to see an arrow appropriately pointing the motorist to the correct lane (less angle) and possibly a dotted or hashed lane to follow.  Mr. Sedars stated there would be a heavy white line and there has been discussion on what kind of interior signage to install. A traffic study was also conducted. It will be monitored to see how it works and if anything needs to be changed.  It will be a long learning curve.  Mr. Sasak stated that this was discussed at the meeting and the members felt this plan was satisfactory.  Mayor Costabile stated that there was some discussion of installing traffic signals inside the center, but that would have meant coordinating them with the Mayfield Road traffic signals.  There will be stop signs instead.  The City will work with them if problems arise.  Mr. Ballistrea reiterated that perhaps the arrows should be reconfigured as drawn on the final site plan as he sees this as a potential problematic area during the learning curve. Mr. Sasak stated the recommendations would be discussed at the next Planning Commission meeting before final approval. Mr. Sedars stated the project would start in the spring.  One entrance at a time will be closed during the project. 

          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