CITY OF MAYFIELD HEIGHTS
COUNCIL MEETING MINUTES
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. Joe Mercurio, Mr. Nino Monaco, Mrs. Diane Snider.
ABSENT: None.
Also present were Mayor Gregory Costabile, Law Director Leonard Carr, Director of Finance/Clerk of Council Robert Tribby and Deputy Clerk of Council Lisa Benedetti.
The Pledge of Allegiance was said.
Mr. Mercurio moved to suspend reading of the Council minutes of November 14, 2011, and approve as written, seconded by Mr. DiCicco. All in favor, motion carried. Minutes approved.
CORRESPONDENCE AND ANNOUNCEMENTS:
Mrs. Finney read an email from a Ranchland resident regarding concerns about the new Sonic Restaurant on Mayfield Road near Hawthorne Drive. The residents on the side streets are concerned about traffic, safety and litter and wondered if the side streets in that area could be designated no through traffic streets.
REPORTS OF OFFICERS:
Mayor Costabile: The Holiday Lighting Ceremony was very well attended. The Mayor thanked Tina Rucci and Tammy Clines for organizing the event on behalf of the Mayor’s Community Council. Each family received a family holiday picture and there was holiday music playing. The children made cards, about 75-80 cards, to be given to homebound residents, who are always happy to receive these cards.
The City continues to work with the County and area businesses regarding the storefront renovation program. The City is proud to be able to work in collaboration with these entities. With these renovations it helps to improve the look of the main road, Mayfield Road.
The Mayor attended a Council of Governments meeting for Tri City Consortium on Aging. As expected, with the shared services over the last year, the cost to the City may be reduced for 2012. Extended services have been able to be offered to the residents.
Equipment purchases for the Service Department are on the agenda this evening. These were included in the budget for 2011. These purchases continue the program of rotating equipment to maintain the equipment.
The Mayor distributed the proposed anti-poaching protocol from the County Executive Edward Fitzgerald. He asked Council to review it. There will be legislation on the December 12, 2012 agenda for Council’s approval or rejection.
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 there was one item on the agenda this evening for the Service Department equipment purchases.
Legislative Committee: No report. Mr. Ballistrea stated he may refer an item to the committee.
Public Works and Services Committee: Mrs. Snider stated there is the Service Department equipment purchase on the agenda.
Recreation and Parks Committee: Mr. DiCicco stated there are still tickets available for Lunch with Santa on December 10, 2011. The Taste of Italy event will be held February 11, 2012.
Safety and Transportation Committee: No report.
Board of Zoning Appeals: Mr. DiCicco reported there is one item on the agenda this evening from the meeting of November 15, 2011. 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 6, 2011. One new member will be sworn in.
Planning Commission: Mrs. Snider reported on the meeting held November 21, 2011. 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 Coven, Stark Enterprises, on behalf of F&S Services, stated they are currently renovating the shopping center on SOM Center Road to modernize it. Part of the renovation is architectural elements and store fronts. They are also entertaining bringing outdoor seating to the shopping center. The sidewalks have been widened to about 10’. The original proposal was for all the common areas, but there was resistance from the BZA with not having specific tenants. F&S has narrowed down its request to two spaces, Menchies and the new tenant, Pot Bellies. Both offer counter service and they want customers to be able to come outside and enjoy outdoor seating. He displayed a view of the proposed seating area and what it looks like using another location. The seats would be brought out in the morning and taken in at closing. It would take up about 2’ of the sidewalk space. The shopping center was built in the 1970s and outdoor seating is the new wave for retail and allows the center to be competitive. Newer centers on the street have this amenity.
Dan Carducci, on behalf of DiBella’s Old Fashioned Submarines, spoke in support for approval of the request for an outdoor patio. At the Planning Commission meeting it was pointed out that there was not a pillar on the south side of the patio. They will now put one in to bridge the span that previously existed and he displayed the revised plan. The patio will be 89 sq. ft. with three tables accommodating 12 seats. The design will match the brick of the building and will be a positive addition. The Planning Commission approved the preliminary site plan.
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RESOLUTION NO. 2011-60: “A Resolution confirming the action of the Board of Zoning Appeals of the City of Mayfield Heights in denying to F&S Enterprises, LLC, on behalf of F&S Retail Center, a request for a variance to allow outdoor sales at the property located at 1278-1290 SOM Center Road.†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, Monaco, DiCicco, Ballistrea. NAYS: None. Motion carried. Mr. DiCicco moved for adoption, seconded by Mr. Mercurio. Mr. Ballistrea remarked that the City has never allowed a plaza to have outdoor open seating. The other patios have all been enclosed and have been for specific restaurants. This request was for the whole plaza. Mr. DiCicco stated that was correct and that was the concern. Mr. Ballistrea asked if the denial was based on the whole plaza. Mr. DiCicco said yes it was the broadness of the request and also the fact that the one tenant was unknown at that time. There were also safety concerns because of the low curb and the tables being right there. Mr. Ballistrea stated that while he likes this concept, he can understand the BZA’s concerns. He asked Mr. Coven if he was asking for a modification to the original request, which was seating for the whole plaza and that is what is before Council, yet Mr. Coven had shown limited seating this evening. Mr. Coven stated he tried to address the concerns of the BZA and was told that Council could amend or modify a request and he would like it to be approved for just the two locations he referenced earlier, or if Council would prefer, just for Menchies at this time. Regarding the safety concern, they do install parking bumpers, which would help some of that. Brueggers Bagels has the same concept and has had it for years. Fencing cannot be installed as that is the main entrance for all the stores. Mr. Carr commented that the modification seems like it may be too cumbersome to address this evening and he would be happy to work with the applicant to resolve some of the safety issues. Mr. Coven stated they have looked at different things, but they have to also be aware of ADA issues. Mr. Ballistrea asked Mr. Coven if he would like a modification of the resolution or it could be tabled or it could go back to the BZA with a new proposal or Council could vote on it now. Mr. Coven stated that if it would be easier it could be tabled. Mayor Costabile stated that typically major changes go back to the BZA for a recommendation. The City is excited about the new look at the plaza, but there are safety concerns. He would suggest either having Council vote on it now or this request could also be dismissed by the applicant and a new application can be submitted with the proper designation of outdoor seating for the entities in question instead of the entire plaza. Mr. Coven stated they just do not want to go in circles. He asked that it be voted on tonight with or without modifications. Mr. Ballistrea stated he was not comfortable modifying it without it going back to BZA.
Roll Call on motion as stated: AYES: Snider, DiCicco, Monaco, Mercurio, Finney, Kobunski, Ballistrea. NAYS: None. Motion carried. The resolution is adopted.
RESOLUTION NO. 2011-61: “A Resolution authorizing the Mayor to issue a purchase order to the Bobcat Company for the purchase of equipment for the Service Department.†Mr. Carr read the resolution by title only. Mr. Monaco moved for suspension of the rules, seconded by Mr. Kobunski. Roll Call on motion as stated: AYES: Monaco, Kobunski, DiCicco, Finney, Mercurio, Snider, Ballistrea. NAYS: None. Motion carried. Mrs. Snider moved for adoption, seconded by Mrs. Finney. Mr. Ballistrea stated that a memo was sent from Mr. Tribby. This is a state contract and the funds were approved in the budget. The equipment includes a compact truck loader, two utility vehicles, one snow plow attachment with a trade in of two John Deere Gators for a total amount of $44,600. Roll Call on motion as stated: AYES: Mercurio, Monaco, Kobunski, Snider, DiCicco, Finney, Ballistrea. NAYS: None. Motion carried. The resolution is adopted.
Mr. Ballistrea remarked that the tabled resolutions will remain tabled per the applicants’ request. Mayor Costabile added that the two resolutions for the school sign will probably be requested by the school representatives to be discussed at the December 12, 2011 council meeting.
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Mr. DiCicco, seconded by Mr. Mercurio, moved to confirm the decision of the Planning Commission approving a preliminary site plan for a new 189 sq. ft. patio with a lesser number of parking spaces (3), being not less than 67% of the required spaces, in accordance with Section 1189.07(b) for DiBella’s Old Fashioned Submarines, 1340 SOM Center Road. Mr. Ballistrea stated that everyone received the minutes from the Planning Commission meeting and received an updated plan with the concerns of the Planning Commission addressed. The Traffic Bureau and the Fire Department also submitted approvals. Mr. Ballistrea asked the applicant if he was requesting both preliminary and final site plan approval this evening. Mr. Carducci said yes. Mrs. Snider remarked that everything was addressed so there would be no reason not to approve both this evening. Mayor Costabile added that the additional pillar in the middle reduces the space between pillars to 5 ½’ instead of 17’. This now addresses the safety concerns he referenced at the Planning Commission meeting. He thanked the applicant for making the modifications. There were no other reservations of the Planning Commission members.
Mr. Mercurio, seconded by Mr. DiCicco, moved to amend the motion as follows: “. . . approving a preliminary and a final site plan for . . .†All in favor of the amendment, motion carried. All in favor of the original motion as amended; motion carried.
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Mr. Kobunski, seconded by Mrs. Snider, moved to extend the moratorium on allowing Internet Cafes/sweepstake devices in the City for another year or sooner dependent on Council passing appropriate regulatory legislation. Mr. Ballistrea stated he would send this matter to the Legislative Committee for preliminary review. He reviewed Mr. Carr’s memo regarding these establishments and the concern if they are in conflict with the State’s gambling regulations and also if these qualify as retail establishments under the City’s code. Mr. Ballistrea believes there is a lot to be discussed if these were to be permitted. He is still of the opinion that these are a sort of gambling place and he would like to wait for the Attorney General’s opinion. Mr. Monaco commented that he believes many municipalities are waiting for the opinion and have moratoriums too. He agrees that the City should wait. Mr. Carr asked for clarification as to whether the Legislative Committee would be working on preliminary legislation on this matter or waiting for the opinion. Mr. Ballistrea replied that the committee should work on the preliminary legislation while waiting for the opinion. All in favor of the motion; motion carried.
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There being no further business to come before Council, Mr. Ballistrea adjourned the meeting at 8:13 P.M.
Approved: Respectfully submitted,
Michael Ballistrea Lisa A. Benedetti, MMC
Council President Deputy Clerk of Council