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CITY OF MAYFIELD HEIGHTS

COUNCIL MEETING MINUTES

September 24, 2007

 

 

The regular meeting of Council was called to order at 7:30 P.M. by Council President Pro Tem Sam Mercurio.

 

ROLL CALL: PRESENT: Mrs. Donna Finney, Mr. Ronald Kobunski,

Mr. Sam Mercurio, Mr. David Sasak,

Mrs. Diane Snider, Mr. Howard Sonenstein.

ABSENT: Mr. Michael Ballistrea.

 

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 September 10, 2007, and approve as written, seconded by Mrs. Snider. All in favor, motion carried. Minutes approved.

 

CORRESPONDENCE AND ANNOUNCEMENTS: None.

 

REPORTS OF OFFICERS:

 

Mayor Costabile: Mayfield Road Update: One lane has been poured for Phase I from Lander Road to Golden Gate Blvd. The next lane should be poured October 1 and the final lane on October 8, weather permitting. For Phase III, the SOM intersection area, there were some utility issues so it is slightly behind schedule. They are trying to streamline all the utilities. They want to get more workers on the project to get it done by the end of November. There is discussion on possibly removing the barrels for the winter season. This would open up the road. Both safety and finance issues have to be addressed before the decision is made.

 

The Mayor thanked the Hillcrest Chamber of Commerce for hosting a forum for the businesses on Mayfield Road. It was very well received. There were a lot of questions on the construction. People want it completed as soon as possible. The Mayor has been working with the State and the contractor for a period of time to determine options to accelerate the project.

 

A Committee of the Whole meeting will be needed before the next Council meeting. The subject is a proposal for putting gas wells on City property. This could save approximately $30,000 per year over 20 years, which would be substantial savings and allow the City to use the savings to better serve all residents.

 

The contract for TC3 will be renewed. The new van has arrived and is in circulation. A Finance Committee meeting may be needed to review the new contract when it is ready. It looks good for the City and the residents.

 

The Mayor spoke at Wynwood Apartments recently and enjoyed his opportunity to address the residents.

 

The Mayor was invited as a special guest to attend the awards banquet held for Moms for Ohio. It is a great grass roots organization that has promoted many regional issues that affects us all in a positive manner.

 

The City will be hosting the Italian Film Festival at the Regal Cinemas on October 4 and 11, 2007. Information will be on the City's website. This is a very exciting event, as the other cities to host such an event include New York, Miami, Boston, Chicago, and Los Angeles.

 

Rabbi Eisenberg from Temple Israel on Lander Road has stated that their construction is completed.

 

The City Focus has been mailed and residents should have received it. The Mayor encouraged residents to read it as it contains a diverse amount of important information.

 

Mr. Sonenstein asked if a police officer could be stationed at SOM and Mayfield to keep traffic going especially for those heading south on Rt. 91. It has been really backing up. Mayor Costabile stated that after Phase III began, an officer was assigned to that intersection. Mornings seem to be better, but it does back up between 3:00 and 5:00 P.M. Some of that may be due to the use of the Opticom system by safety forces, which throws off the cycle. Officers are keeping a watch there and on some other key areas, such as Giesse/Ridgebury and Golden Gate.

 

Mr. Sonenstein asked for an explanation as to why residents who have signed up for the new AT & T cable service cannot get Channel 23. Mayor Costabile replied that Channel 23 is strictly through Time Warner. AT & T has to set up the public channels, which has not yet been done.

 

Mrs. Snider asked if the Hillcrest Council of Councils group is still active. The Mayor suggested she contact Ed Icove from South Euclid, as he is the President of the group.

Mrs. Snider commented that she still is unable to get her City e-mails and has spoken with the City's IT person.

 

Mrs. Finney asked that if the Mayfield Road construction project were stopped for the winter, would it then be behind schedule. Mayor Costabile stated no, because so much work has been done already.

 

Mrs. Finney inquired if there would be screening for the new AT & T boxes that are being installed around the City. Mayor Costabile stated that screening could be requested, as that is part of the contract. Some areas may not have room for screening, but others will.

 

Mr. Kobunski inquired if striping of Mayfield Road would be done if the barrels were removed for the winter. The Mayor stated yes.

 

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: No report.

 

Legislative Committee: No report.

 

Public Works and Services Committee: No report.

 

Recreation and Parks Committee: Mr. Sasak reported that the Halloween Bash tickets would be on sale beginning October 1, 2007. It has been changed back to an evening event. A new event this year is the Wildcat Teen Halloween Party targeting 6th - 8th graders. Breakfast with Santa would be held on December 15, 2007. Tickets would be on sale starting November 1, 2007.

 

Safety and Transportation Committee: No report.

 

Board of Zoning Appeals: Mr. Kobunski reported on the meeting held September 11, 2007. Copies of the minutes of the meeting were mailed to all members and are a part of the permanent record. There are three items on the agenda this evening.

 

Commission on Aging: Mayor Costabile reported the next meeting would be held October 2, 2007. Gates Mills Club would be sponsoring a Seniors Expo on September 26, 2007 from 9:00 A.M. to 3:00 P.M. It is open to the public. There would be various health screenings and refreshments.

 

Planning Commission: Mr. Sasak reported on the meeting held September 17, 2007. 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.

 

Mayfield Union Cemetery: Mr. Sonenstein reviewed the report. Copies would be distributed in Council packets.

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PUBLIC COMMENT:

 

Ron Russo, representing the real estate company for Bass Energy, 331 Muir Blvd., Fairlawn, stated that the company has installed many wells in the area and are well known. He had heard that the City might be considering a proposal to install gas wells and wondered how to get involved. Mayor Costabile suggested he contact the Mayor's Office and submit a proposal.

 

Tom Johns, 1668 Lander Road, stated that he and his wife had requested a variance for a driveway turn around from the Board of Zoning Appeals, which was denied. He would like Council to consider approving the request at the reduced size. Mr. Sonenstein asked for clarification as to what was originally requested and what the BZA denied. Mr. Johns stated he had originally asked for a 12' x 41' driveway turn around. It was amended by his wife at the BZA meeting to 12' x 15', which was still denied.

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RESOLUTION NO. 2007-45: "A Resolution confirming the action of the Board of Zoning Appeals of the City of Mayfield Heights in denying to Angelo and Maureen Sidari, a variance to widen the existing 18' driveway, adding an additional ten feet to the east side, at the location known as 6574 Hidden Woods Trail, Mayfield Heights, Ohio." 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: Sonenstein, Snider, Kobunski, Sasak, Finney, Mercurio. NAYS: None. Motion carried. Mr. Sasak moved for adoption, seconded by Mr. Sonenstein. Mr. Sonenstein stated he had spoken with the applicants who wondered why people on other streets have been allowed extensions and theirs was denied. Mr. Kobunski replied that the applicants stated at the BZA meeting that they wanted additional parking, which is not what an extension is intended for. Mr. Sonenstein contended that there was the same situation on Woodhawk, so where is this different. Mr. Kobunski stated this was for parking and this is a new development, so the BZA did not want to set precedent. Mr. Mercurio commented that each variance request is different and should reviewed on its own. This request did not show a hardship. Mrs. Finney reminded Council that the Building Committee had looked at amending this section of the code, but did not have the support of Council at the time. Mrs. Snider added that a lot of study was done on that. The actual number of variances given for this purpose was not very high. Mrs. Finney asked if this issue could be referred to the Building Department for review again. Mr. Mercurio concurred. Mayor Costabile commented that when this type of request has been granted or not, it has usually been for safety reasons.

Mrs. Snider moved to table the resolution, seconded by Mr. Sonenstein. Roll Call on motion as stated: AYES: Snider, Sonenstein. NAYS: Finney, Sasak, Kobunski, Mercurio. Vote 2-4. Motion defeated.

Mr. Sonenstein suggested overturning the BZA decision. Mr. Sasak stated that he had struggled with this one. Variances mean hardships. He believes the other cases were for turn arounds, not for parking. Mrs. Finney thought it was for parking.

Roll Call on original motion as stated: AYES: Sasak, Kobunski, Mercurio. NAYS: Finney, Sonenstein, Snider. Vote 3-3. Motion carried, because five votes are needed to overturn a BZA decision. The resolution is adopted.

 

RESOLUTION NO. 2007-46: "A Resolution confirming the action of the Board of Zoning Appeals of the City of Mayfield Heights in granting to Carey Farber, on behalf of Spirits of 56, a variance to place a 26 sq. ft. identification sign on the top of the front door vestibule, facing Mayfield Road, at the location known as 5881 Mayfield Road (rear), Mayfield Heights, Ohio." Mr. Carr read the resolution by title only. Mr. Sonenstein moved for suspension of the rules, seconded by Mr. Kobunski. Roll Call on motion as stated: AYES: Sasak, Kobunski, Snider, Finney, Sonenstein, Mercurio. NAYS: None. Motion carried. Mrs. Finney moved for adoption, seconded by Mrs. Snider. Mr. Sonenstein commented that this was a nice addition to the community. Roll Call on motion as stated: AYES: Kobunski, Snider, Sonenstein, Finney, Sasak, Mercurio. NAYS: None. Motion carried. The resolution is adopted.

 

RESOLUTION NO. 2007-47: "A Resolution confirming the action of the Board of Zoning Appeals of the City of Mayfield Heights in denying to Thomas and Jill Johns, a variance to add a 12' (N-S) x 15' (E-W) driveway turn-around pad in the front yard, at the location known as 1666 Lander Road, Mayfield Heights, Ohio." Mr. Carr read the resolution by title only. Mr. Sonenstein moved for suspension of the rules, seconded by Mrs. Snider. Roll Call on motion as stated: AYES: Finney, Sasak, Kobunski, Sonenstein, Snider, Mercurio. NAYS: None. Motion carried. Mr. Sasak moved for adoption, seconded by Mrs. Snider. Mr. Sonenstein stated that he feels this is a hardship due to the busy street. Other turnarounds have been granted recently for properties on busy streets. Roll Call on motion as stated: AYES: None. NAYS: Sonenstein, Snider, Kobunski, Sasak, Finney, Mercurio. Motion carried. The resolution is overturned and the variance granted.

 

RESOLUTION NO. 2007-48: "A Resolution confirming the action of the Planning Commission of the City of Mayfield Heights in denying to George Persiano, on behalf of the Fraternal Order of Eagles, a request to rezone Permanent parcel No. 861-05-090 (1399 Ranchland Drive) from its current U-1(1); Single-Family House Subdistrict to U-4: Local Retail/Wholesale District, in the City of 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: Snider, Finney, Sasak, Sonenstein, Kobunski, Mercurio. NAYS: None. Motion carried. Mr. Kobunski moved for adoption, seconded by Mrs. Finney. Mr. Sasak explained that the Planning Commission was concerned with any commercial zoning going up side streets. On an informational note, he recently saw adjacent property for sale, so perhaps the applicants might have another avenue for their plans. Mr. Sonenstein asked what was the intent of the request. Mr. Sasak stated it was for parking. Roll Call on motion as stated: AYES: Sasak, Kobunski, Finney, Sonenstein, Snider, Mercurio. NAYS: None. Motion carried. The resolution is adopted.

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Mr. Sonenstein, seconded by Mrs. Finney, moved to confirm the decision of the Planning Commission approving a preliminary site plan for a drive-thru canopy addition on the rear of the building and on-site pavement improvements for Key Bank, 1400 SOM Center Road. Mr. Sasak explained that the concept is that Key Bank would like to add another lane for drive up customers where its ATM currently is located. It would be for an auto teller. Mr. Kobunski inquired if it had come before the BZA previously. Mayor Costabile stated that it had for a request to allow extending this use onto property zoned for a more restrictive use. The request was granted. Mr. Sasak added that the Planning Commission saw no issues with the site plan. All in favor, motion carried.

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Mrs. Finney, seconded by Mrs. Snider, moved to approve the purchase of a F-350 Ford Truck from Valley Ford Truck, Inc. in the amount of $24,711.00. All in favor, motion carried.

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

 

Approved: Respectfully submitted,

 

 

 

Sam Mercurio Lisa A. Benedetti, MMC

Council President Pro Tem Deputy Clerk of Council