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CITY OF MAYFIELD HEIGHTS

COUNCIL MEETING MINUTES
November 26, 2007

 

 

The regular meeting of Council was called to order at 7:40 P.M. by Council President Michael Ballistrea.

 

ROLL CALL:             PRESENT:    Mr. Michael Ballistrea, Mrs. Donna Finney,

                                                            Mr. Ronald Kobunski, Mr. Sam Mercurio,

Mr. David Sasak, Mrs. Diane Snider,

Mr. Howard Sonenstein.

                                    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 November 12, 2007, and approve as written, seconded by Mr. Mercurio.  All in favor, motion carried.  Minutes approved.

 

CORRESPONDENCE AND ANNOUNCEMENTS:

 

Mr. Ballistrea requested that Resolution No. 2007-54 pertaining to a gas well proposal be left tabled.  He would like to schedule a Committee of the Whole meeting for the following week to discuss location, proposals and other aspects of the gas well situation.

 

REPORTS OF OFFICERS:

 

Mayor Costabile:  The Mayor asked Council Members that if there are still issues with the placement of the gas well that they contact his office so he can explain the rational of the proposed location.  It was reviewed by the Service Director and the Recreation Director.  It will not impact park activities.  Safety comes first and the safety forces do not have any issues with safety for this well.  At some point decisions have to be made.

 

Mayfield Road Update:  The winter reprieve started last Tuesday before Thanksgiving.  There was a lot of good media coverage including television.  This was welcome after the negative coverage when construction started.  He is proud that the City was able to work with ODOT to get this done.  Phase III, Wal-Mart to the Gates Mills border - concrete lanes continue to be poured.  There are some aprons to finish after the last lane is poured before the traffic can be rerouted to that side of the street.  Officials hope to have this completed by the first or second week of December.

 

There was collaboration between the City and Hillcrest Hospital to install by-directional amplifiers at the hospital, which enhances radio communications within the hospital for all safety forces.

 

The Mayor stated he tries to get out to speak to residents regularly to keep them abreast of what is going on.  He will be speaking next at Gates Mills Place.

 

The Recreation Department sponsored a teen night for Halloween, which turned out well.  They will try another one with a different theme.  The Recreation Department is also sponsoring parents' night out where the children would be dropped off and fed and entertained so the parents can do something.  He believes it is sold out.

 

The Mayor thanked the Service Department for decorating the City Hall for the holidays and the Mayors Community Council for sponsoring the Holiday Lighting Ceremony held on Sunday.  There was a good turnout and it was a great community event.

 

Director of Law Carr:  Mr. Carr reported that he has not heard from Joel Rudicel of JR Resources, or Green Energy, the companies with the gas well proposals.  He received another proposal from Siegel.  When Council determines where and if a well will be permitted to be drilled, then he will pursue these proposals more in depth.  Mr. Sonenstein asked if any of the proposals are for drilling back by the salt bin area.  Mayor Costabile replied that area is not a feasible location.

 

Director of Finance Tribby:  No report.

 

REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS:

 

Building Committee:  No report.

 

Finance and Audit Committee:  Mr. Mercurio stated there is one item on the agenda for the temporary appropriation ordinance.  A memo was received from Mr. Tribby. A meeting is scheduled for November 28, 2007.

 

Legislative Committee:  No report.

 

Public Works and Services Committee:  No report.

 

Recreation and Parks Committee:  Mr. Sasak reported there are two wonderful events coming up.  Tickets are still available for Parents Night Out and also for Lunch with Santa.

 

Safety and Transportation Committee:  Mr. Kobunski reported on the meeting held Wednesday, November 21, 2007.  The Police Department would like to purchase mobile video units for the cruisers.  This matter should be on the next agenda.

 

Board of Zoning Appeals:  Mr. Kobunski reported on the meeting held November 13, 2007.  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 next meeting is December 4, 2007.

 

Planning Commission:  Mr. Sasak reported on the meeting held November 19, 2007.  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:

 

Phil LiBassi, Westlake, Reed, Leskosky, architects for the hospital, stated there are two resolutions on the agenda pertaining to parking.  He displayed a drawing of the three campuses with the proposed parking.  The driveway on the north side of Mayfield will be realigned to match the hospital driveway and there will continue to be a traffic signal.  The hospital purchased a small piece of land for this purpose.  There is an easement for the 6755 apartment complex behind the property.  Mr. LiBassi reviewed the parking available on the three campuses.  By utilizing all three parcels, there is adequate parking available.  There will be a shuttle bus to transfer people between the three campuses and most of the employees will be required to park on the campus on the north side of Mayfield Road.

 

George Trumbell, 6649 Mayfield Road, co-owner of the Wine Barrel, stated that there may be a potential problem with the Sunoco gas station on the corner of SOM and Mayfield, which is for sale.  He has heard that a Get Go is attempting to purchase it.  Lyndhurst has had many problems with the Get Go on Mayfield Road.  It is too small and people line up on the street creating traffic problems and get mad at each other once they get on the property.  It has become a public nuisance.  The shopping plaza where his store is located already has parking issues.  The shop owners are afraid of losing more parking if this facility goes in that location.  He asked that the City look into the matter.

 

Jeff Buvalic, 6363 Woodhawk Drive, stated he was here if there were any questions regarding the expansion of a building at the Woodhawk Development.

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RESOLUTION NO. 2007-59:  "A Resolution confirming the action of the Board of Zoning Appeals of the City of Mayfield Heights in granting to Mary Ellen Ross a 28 sq. ft. size variance and a 1'8" height variance in order to construct a 224 sq. ft. storage shed 12'8" in height to the ridge, at the location known as 6535 Ridgebury Boulevard, 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:  Sonenstein, Mercurio, Snider, Kobunski, Sasak, Finney, Ballistrea.   NAYS:  None.  Motion carried.  Mrs. Finney moved for adoption, seconded by Mr. Mercurio.  Mr. Kobunski stated that he did not believe there was a hardship and a request for another one on the north side was not granted.  He would like to look at all of the Ridgebury properties for this issue.  Mr. Ballistrea commented that Building Director Tom Jamieson had mentioned in the meeting that he would like the code reviewed.  Mr. Ballistrea stated the code had just been reviewed last year and wondered why Mr. Jamieson wanted it reviewed again.  Mr. Kobunski replied that Mr. Jamieson would like to look at the height requirements and the size of the properties.  Mayor Costabile added that certain lots with larger areas might not have as much of an issue as smaller lots with a larger shed. There have been other cases to come before both the BZA and Council with these types of requests. Mr. Kobunski agreed and that is why the code should be reviewed.  Mrs. Snider stated that the Building Committee reviewed the code extensively and that it was amended to accommodate larger lots, so she thought this was taken care of.  Mr. Ballistrea stated he thought perhaps height  was what Mr. Jamieson was referring to as the issue.  Mr. Sonenstein wondered where the tractor mentioned in the BZA minutes as a reason for this variance request was currently being stored.  Mr. Ballistrea replied that he believes there is more equipment that the applicant would like to store.  There were also two prior cases on Ridgebury Blvd. that were granted.  Mrs. Finney commented that Mr. Jamieson was not the Building Director at the time the code was changed.  The height was not changed at the time of the other amendments to avoid having sheds becoming garages.  Mr. Ballistrea believes that if the square footage increases, the pitch may need to be steeper.  Mr. Kobunski clarified that that the building construction can be adjusted for concerns about snow loads.  Mr. Sasak wondered if this height variance was necessary for the small amount of the square footage variance.  Mr. Kobunski stated it is a packaged building that the applicant wants to install.  Mr. Sonenstein mentioned that if this property is on the north side, the land was reduced substantially, by an acre, by the Hidden Woods Development.  Mr. Ballistrea stated it still fits the size regulations.

Roll Call on motion as stated:  AYES:  Snider, Mercurio, Ballistrea.  NAYS: Finney, Sasak, Sonenstein, Kobunski.  Vote 3-4.  Since five votes are needed to overturn a BZA decision, the motion carried.  The resolution is adopted.

 

Because Mr. Ballistrea would be abstaining from any discussion and voting on the following two resolutions, he passed the gavel to Council Pro Tem Sam Mercurio.

 

RESOLUTION NO. 2007-60:  "A Resolution confirming the action of the Board of Zoning Appeals of the City of Mayfield Heights in granting approval for the expansion of the North Campus parking lot into the westerly adjacent Parcel B, (PP 862-29-015), for the location known as 6777 Mayfield Road, Mayfield Heights, Ohio."  Mr. Carr read the resolution by title only.  Mr. Sonenstein moved for suspension of the rules, seconded by Mr. Sasak.  Roll Call on motion as stated:  AYES: Sasak, Kobunski, Finney, Sonenstein, Mercurio.  NAYS:  None.  Mrs. Snider and Mr. Ballistrea both abstained, as they are employees of the hospital.  Vote 5-0.  Six votes are needed for suspension so the motion was defeated.  Mr. Sonenstein moved to place the resolution on first reading, seconded by Mrs. Finney.  Roll Call on motion as stated:  AYES: Sasak, Kobunski, Finney, Sonenstein, Mercurio.  NAYS:  None.  Mrs. Snider and Mr. Ballistrea abstained for the reason stated above.  Vote 5-0. Motion carried.  The resolution is placed on first reading.

 

 

 

RESOLUTION NO. 2007-61:  "A Resolution confirming the action of the Board of Zoning Appeals of the City of Mayfield Heights in granting approval to allow for combined parking on all three campuses for the calculation of required parking in conjunction with the proposed Hillcrest Hospital expansion project for the locations known as North Campus, 6777 Mayfield Road; and Hillcrest Medical Buildings, 6801-6803 Mayfield Road; and Hillcrest Hospital, 6780 Mayfield Road, Mayfield Heights, Ohio."  Mr. Carr read the resolution by title only.  Mr. Sonenstein moved for suspension of the rules, seconded by Mrs. Finney.  Roll Call on motion as stated:  AYES:  Kobunski, Sonenstein, Finney, Sasak, Mercurio. NAYS:  None. Mrs. Snider and Mr. Ballistrea both abstained, as they are employees of the hospital.  Vote 5-0.  Six votes are needed for suspension so the motion was defeated.  Mr. Kobunski moved to place the resolution on first reading, seconded by Mrs. Finney.  Roll Call on motion as stated:  AYES:  Finney, Sasak, Kobunski, Sonenstein, Mercurio. NAYS:  None.  Mrs. Snider and Mr. Ballistrea abstained for the reason stated above.  Vote 5-0.  Motion carried. The resolution is placed on first reading.

 

Mr. Mercurio turned the meeting back over to Council President Michael Ballistrea.

 

RESOLUTION NO. 2007-62:  "A Resolution confirming the action of the Board of Zoning Appeals of the City of Mayfield Heights in granting approval to allow the expansion of the existing maintenance, garage/office building, together with a variance to allow the matching of the frame built exterior of the existing structures at the Woodhawk Club Condominiums, 200 Quail Roost."  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: Mercurio, Snider, Kobunski, Sasak, Finney, Ballistrea.   NAYS:  None.  Mr. Sonenstein abstained, as he is a property owner.  Vote 6-0.  Motion carried.  Mr. Mercurio moved for adoption, seconded by Mrs. Snider.  Mr. Ballistrea stated the BZA minutes explain in detail this matter.  Mrs. Finney asked why there were two no votes.  Mr. Kobunski stated the material is not fire retardant and there are people working in the building.  Mrs. Finney asked if a fire retardant material could be use.  Mr. Kobunski said yes.  Mr. Mercurio, seconded by Mrs. Snider, moved to reopen the public portion to allow the applicant to speak.  All in favor, motion carried.

Mr. Buvalic stated that after the BZA meeting when this issue was raised, he spoke with the architect for the project who said that an internal firewall could be installed between the maintenance portion and the office portion.  They were unsure if the question was that the whole building be made fire retardant. Mr. Kobunski said that the code calls for fire retardant material.  Mr. Buvalic said yes, for offices, but this is two different uses.  They want the exterior to match the existing buildings, so it would be conforming with the rest of the property.  Mr. Kobunski stated they have to go along with the code.  At least that was two of the BZA members' interpretation of the matter. Mr. Ballistrea asked for clarification. Is Mr. Buvalic stating that there could be a fire retardant between the two portions. Mr. Buvalic stated yes, that the internal wall may be according to code and they would follow that, but the whole building does not have to be fire retardant.  Mr. Kobunski commented his concern was because of the maintenance portion.  Mr. Sasak asked what was typically stored in this portion of the building.  Mr. Buvalic replied utility carts, a front-end loader, minimal lawn equipment, basically what would be in a garage.  Mr. Ballistrea commented that the Building Director had stated that the fire separation question was not an issue.  Mr. Buvalic commented that this building is not close to the clubhouse (93') or residential units (over 200').  Roll Call on motion as stated: AYES: Snider, Finney, Sasak, Mercurio, Ballistrea.  NAYS: Kobunski.  Mr. Sonenstein abstained for the reason stated above.  Vote 5-1.  Motion carried.  The resolution is adopted.

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ORDINANCE NO. 2007-43:  "An Ordinance making appropriation for current expenditures of the City of Mayfield Heights, State of Ohio, during the period of January 1, 2008 to and including March 31, 2008."  Mr. Carr read the ordinance by title only.  Mrs. Finney moved for suspension of the rules, seconded by Mr. Mercurio.  Roll Call on motion as stated:  AYES: Sasak, Kobunski, Finney, Sonenstein, Mercurio, Snider, Ballistrea.  NAYS:  None.  Motion carried.  Mr. Sasak moved for adoption, seconded by Mrs. Snider.  Mr. Ballistrea stated a memo was received from Mr. Tribby.  Roll Call on motion as stated:  AYES:  Mercurio, Sasak, Kobunski, Snider, Finney, Sonenstein, Ballistrea.  NAYS:  None.  Motion carried.  The ordinance is adopted.

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Mr. Mercurio, seconded by Mr. Sonenstein, moved to confirm the decision of the Planning Commission approving of the identification signs for Sunflower, Kingdom Homes at Cedar Road/Magnolia Oval, contingent upon it being clarified if multiple signs are permitted.  Mr. Sasak stated that the Planning Commission was unanimous in its vote for this.  They felt it was tasteful.  The reason for the contingency was that there was a question if these multiple signs were allowed.  Mayor Costabile reported that after the meeting this matter was reviewed and it was decided that the Planning commission did have the authority to grant this request.  The signage was nice and all safety issues in terms of sight line blocking were addressed.  All in favor, motion carried.

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NEW BUSINESS; COMMENTS FROM COUNCIL:

 

Mr. Sasak congratulated the Mayfield High School Football Team on a terrific season.  They advanced through the playoffs, only losing during the semi-finals.  They were Region II Divisional Champs.  Mr. Ballistrea echoed that sentiment.

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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