CITY OF HIGHLAND HEIGHTS
MINUTES OF A COUNCIL MEETING
HELD: SEPTEMBER 11, 2007
OBSERVANCE OF SEPTEMBER 11, 2001: On this the sixth anniversary of the September 11, 2001 tragedy, a moment of silence was observed.
President of Council Murphy presiding.
PRESENT: Mayor Coleman, Councilmen Austin, Dolciato, Hargate, Legan, Mills, Murphy, Pilla; Clerk of Council Buchak; Fire Chief Bencin; Police Chief Cook; Assistant Service Director Hess; Building Commissioner Stouffer; City Engineer Blackley; Finance Director Ianiro; Law Director Paluf.
ACTION ON MINUTES: The reading of the Minutes of a Council Meeting held July 24, 2007 was dispensed with. Mr. Dolciato moved to accept the Minutes as written; seconded by Mr. Mills. Ayes all; motion carried.
The reading of the Minutes of a Special Meeting held August 21, 2007 was dispensed with. Mr. Dolciato moved to accept the Minutes as written; seconded by Mr. Pilla. Ayes all; motion carried.
The reading of the Minutes of a Special Meeting held September 4, 2007 was dispensed with. Mr. Hargate moved to accept the Minutes as written; seconded by Mr. Pilla. Ayes all; motion carried.
DEPARTMENT HEAD REPORTS:
Fire Chief's Report: Fire Chief Bencin reported their new computer system is now on line. They will meet the State's mandated deadline for sending electronic reports to the State. Also, they are working on programs to enter old reports. The system is working well.
In response to Mr. Mills' inquiry regarding previous discussion on sirens, Chief Bencin advised they did the test and needed one more siren to cover the whole city. They didn't have the funds but maybe they can do that next year.
Police Chief's Report: Chief Cook provided Police Department statistics for the months of July and August. They responded to 1,111 calls for service for July and 1,036 for August. In July they handled 16 motor vehicle accidents, one involving personal injury and in August they handled 12 motor vehicle accidents with 3 involving personal injuries. During July they held 29 prisoners in jail for approximately 700 hours and in August they held 34 prisoners for approximately 500 hours. Also in July they had a LEADS Inspection from the Ohio State Highway Patrol regarding their computerized NCIC Data Base System for Criminal activity. They passed and LEADS may have a few recommendations on how to improve the system.
Mr. Legan referred to an article in the Sun Messenger police blotter about an attempted break-in at one of the churches which mentioned that it was one of a series of break-ins. He asked if the break-ins were at that specific property or if it was community-wide.
Chief Cook reported they have had break-ins at some office complexes and they had a break-in at Mobile Landscaping at Highland and Bishop for which they do have a suspect and they have an arrest warrant out for the suspect.
Mr. Legan advised a couple residents brought to his attention that people are not stopping at the stop sign at the intersection of Colony and Eastlawn and the one at Colony and West Mill.
Chief Cook stated the Police Department will provide enforcement at those locations.
Mr. Austin advised of a problem at the intersection of Millridge and Cranbrook when a car is parked on Cranbrook. He asked if there was a setback on how far a car can park from the corner. Chief Cook will check this.
Chief Cook reported they removed a vehicle from property at Wilson Mills and Miner. The people were notified and were given over a month to comply with the truck ordinance. They did not comply and the truck was removed today.
Service Director's Report: Assistant Service Director Hess reported as follows:
· The Cuyahoga County Board of Health started dropping their rabies vaccination blocks today and will continue for the next couple of days. It is mainly taking place in areas with open ditches. In wooded areas they are dropping the blocks into the wooded areas a few feet off the road.
· The Service Department has taken delivery of their aerial truck. All of the men have been trained on using the vehicle.
· They have taken delivery of their hot box for transporting patch and the men have been trained in how to use that. That has already been in service.
· The computer round-up and the household hazardous waste roundup have been completed. They were very well received again. It was one of the larger drop offs for both the computers and hazardous waste. It is a great program that the Solid Waste District offers. On Friday the hazardous waste will be taken to the Berea Fairgrounds for drop off with the County. The computers have already been delivered to a company on 45th & Superior.
In response to Mr. Mills' inquiry as to how many vehicles and equipment they have for the leaf season, Mr. Hess advised they have 4 leaf machines that are ready to go. They have been serviced over the last two or three weeks. He added that they probably will only use three at least for the bulk of the program; he is not sure they have enough men for the 4th. One of their older plow trucks which is a backup for plowing will be used as an alternate truck. They are doing some body work on that vehicle now.
Building Commissioner's Report: Building Commissioner Stouffer reported as follows:
· The Building Department has had some increased responsibilities from the EPA in enforcing and doing inspections on sediment and erosion control construction sites. He will attend a seminar September 26th offered by Cleveland State University, Great Lakes Environmental Finance Center and the Ohio EPA on site inspections and sediment and erosion control on construction sites. This will strengthen his knowledge for enforcing EPA regulations.
· The gas pump canopy and underground tanks have been removed from the abandoned gas station on Wilson Mills at I-271. The canopy was removed for safety purposes. For now the building will remain.
· Mr. Josh Simon developer of Maypine Farms Subdivision contacted him this evening to report his contractor told him a special order part is now in shipment to them and they expect to install the street gate next week.
· As of this date for 2007 they issued 407 building permits and collected $181,177.00 in fees for which construction value was $17,188,100.00. For 2006 at this time they issued 498 building permits and collected $184,165.00 in fees with a construction value of $17,995,515.00. The difference for 2007 is 91 less permits, $3,000.00 less collected in fees and $807,515.00 in value of construction (a 4.5% drop). His conclusion is less permits but the projects they do have are larger.
City Engineer's Report: City Engineer Blackley referred to a memo from Service Director Evans and reported:
· The Highland Pedestrian Facility -- The easements have been obtained and sent to ODOT. Tonight on the Agenda as items 4 and 5 are resolutions accepting two of the permanent easements for purposes of stormwater drainage. He asked Council support this evening in passing those.
· 2007 Miscellaneous Concrete Repair Program -- A&J has completed their saw cutting and will start replacement tomorrow.
· Wilson Mills Resurfacing -- The information board signs advise it will start tomorrow. It will take about 5 days, weather permitting. They will begin at 6:00 a.m.
· Highland-Bishop Intersection Project -- A report is not available at this time as to the status of the request for additional DOPWIC money. Hopefully he will have that before the next Committee of the Whole meeting. Mr. Blackley advised that the bids were good for 60 days; and, the contractor has said that, if he was awarded the contract he would honor the bid prices until next year. That offer was contingent upon him being awarded the contract within the 60 days. The sixty days would expire October 17th.
· Park Safety Improvements Project -- Council support was requested this evening in approving the resolution ratifying approval of Change Order No. 1.
· The Colony Eastlawn Project is also substantially complete. They have a few minor punch list items.
Mayor Coleman reported he received an e-mail today from a Highland Road resident who is very interested in having the Pedestrian Path installed. He asked Mr. Blackley to provide an overview of the path and when it likely will be constructed.
Mr. Blackley reported the project plans have gone back to ODOT. CT Consultants are designers of the job. There was a fairly long list of comments from ODOT. CT Consultants addressed those comments and last week the plans were sent back to ODOT. It will probably take several weeks to a month before they get final approval back from ODOT. At that point the city has the option to put it out to bid. Mr. Blackley stated he concurred with the Service Director's recommendation to wait until spring time to do that work.
Mr. Blackley explained the concept of the project is to build a concrete sidewalk on the north side of Highland Road from the Richmond Heights corporation line all the way to the existing walk that is in Aberdeen West and then suspending through the Bishop-Highland Intersection which they will be doing with that project and then starting at a point about 250 feet east of the intersection. One of the easements tonight, the Paul Betori home, is about at the point where the Highland Pedestrian Project will resume again. The path will proceed all the way to Interstate 271. It is pretty much a comprehensive project to build a sidewalk on the north side of the street. Also included in it is replacement of disturbed drive aprons, mostly with concrete, installation of storm sewers, enclosing ditches, adding some additional drainage, between the sidewalk and the roadway. One of the comments that ODOT had was they wanted the project to deal with the additional runoff generated by the sidewalk. To do that, it was decided it could be done by using the ditch itself as a grass swale to provide some water quality benefits. They had to tinker with the width of the swale between the sidewalk and the roadway. These would provide both limited storm water management but more important, a storm water quality benefit that satisfied ODOT's concerns. That was one of the major comments they had. Mr. Blackley suggested it would be a minimum additional cost.
In response to Mr. Mills' inquiry regarding replacement of sidewalks on Colony, Mr. Blackley advised that is part of the punch list.
In response to Mr. Austin's inquiry regarding lighting in the park, Mr. Blackley advised he did not have the plans back from CEI; however, they told him in July that they believed it will be late October or November when they have a crew out there to install the lighting. He will check back with them and try to get a status of that
Finance Director's Report: Finance Director Ianiro reported the monthly reports for August were distributed today. Income tax collections are still very healthy; up 7% over projections. Last week the assessments for street lighting and yard maintenance were filed with the County Auditor's office. In the middle of August, representatives from the Regional Income Tax Agency did a canvass of the city actually verifying existing businesses and identifying any new businesses in the community that may have not registered with RITA. This is another way to make sure that businesses are in compliance with the city's income tax codes. Item No. 7 on the agenda is a transfer and will received second reading.
Mayor Coleman commented that he asked Mr. Ianiro's predecessor if that was something that RITA could do and he was told that was not a service that they provided. He stated he appreciated the fact that they did canvas the businesses in the city.
COMMITTEE REPORTS:
Legislative & Finance Committee: Mr. Legan reported L&F met this evening. They focused on what to do with the extra money needed for the Highland-Bishop Improvement Project. The bids came in approximately $200,000.00 more than estimated. L&F agreed that if they were able to obtain additional ISSUE I money due to another municipality or project not being done, that they would definitely want to accept those dollars and go ahead with the project. He asked that Council place this on the agenda for the Committee of the Whole Meeting next week because if they wanted to reapply for the project, they have until the end of September to do that.
Mayor Coleman commented on the Highland-Bishop Intersection Project, stating, if they don't get the additional funds, since the award from DOPWIC wasn't free money, it was interest free money, he would recommend that they reapply as opposed to coming up with the additional funds. He felt strongly that if they did reapply they would be successful because of how high they scored on DOPWIC the last time. He suggested they have a good opportunity to get interest free money for the project.
Drainage Committee: Mr. Mills asked that two drainage items be added to the agenda of the next Committee of the Whole, the McCracken and Colombo problems. The next Drainage Committee Meeting will be on September 25th at 7:00 p.m.
Planning and Zoning Commission: Mr. Pilla reported on the action taken at a meeting held September 1 0, 2007 as follows: He advised drawings for each application can be reviewed after the meeting.
· Aberdeen Commons Assisted Living Development, 399 Bishop Road. Review Status of Conditional Use Permit Term -- Extension Approval. Based on advice from Law Director Paluf, P&Z will consider a conditional use permit with a variance of 15 years. Conditional Use Permits are valid for two years. The banks were not willing to issue financing unless they had a conditional use permit for the 15 years. The Commission believes that is a hardship. They believe they have protection under this situation because it is a single use facility and anyone who comes into that facility to run an assisted living facility has to be approved by the State of Ohio. A public hearing on the variance request will be heard at the next meeting.
· James Moran, Aberdeen Area “H”: New Builder Approval. Approval was granted.
· James Moran, 330 Glasgow Drive, S/L 59, Aberdeen Area “H”: Final Home Approval. Approval was granted.
· Brian Himmel, 416 Medway Road. Review Request for Variance to Driveway Requirements; Schedule Public Hearing. The Commission reviewed the request for a variance of five feet to extend his driveway. After discussion they realized that it would be better for him to have a seven foot variance. He will redraw his application and return at the next meeting.
· Lester & Rae Miller, 621 Hanford Drive. Review Request for Variance to Fence Requirements; Schedule Public Hearing. A public hearing has been scheduled for the next meeting.
· James & Marilyn Zemanek, 781 Kennelwood Drive. Review Request for Variance to Rear Yard Setback Requirements; Schedule Public Hearing. This was set for a public hearing.
· Donald L. Barr & Co., The Legends at Aberdeen, Aberdeen Area “J”, Phase IV. Lot Split & Consolidation for Parcel “J-2B” (Block “G” and Parcel “J-2D”); Improvement and Final Plan Approvals. Approval was given for the lot split. Also approval was given for the Improvement Plans and Final Site Plan.
· Stonewater Golf Club, One Club Drive, Aberdeen Development. Review Request for Proposed Fencing in Aberdeen Areas “H”, “I”, and “J”. There was a long dissertation about this. This subject has been referred to the Law Director.
· Highland Development Partners, LLC, Bishop Road (south of Hawthorne Drive). Review Concept for Proposed Subdivision. The applicant wanted to develop vacant lots on Bishop adjacent to Hawthorne Drive. They can put a sixty foot roadway and have 167 feet deep lots but that would only allow a 37 ft building area. Also it does not comply with the city's requirement for a 200 ft minimum lot width. The only way they could build without variances is to have a one-sided street or to discuss purchasing property that the city owns.
· BP Products North America, Inc., 6267 Wilson Mills Road. Review Request for Variances to Yard and Signage Requirements for Proposed Gas Station; Schedule Public Hearing. BP is going to redo their facility on Wilson Mills Road. It will be much larger than the current facility. They need a few variances. P&Z will look for the Fire Departments review on this application. This will be scheduled for a public hearing in October.
· Review Status of Commercial Vehicle Parking Requirements. This subject was continued.
· Review of Procedures, such as Variance Request, Aberdeen New Builder Approval, and Aberdeen Final Home Approval. This has been referred to the Law Director.
Mr. Austin asked that Council discuss the concept plans for the Bishop Road Subdivision in the next Committee of the Whole.
Mayor Coleman advised that the property in question was actually donated to the city for park purposes.
Commission on Aging: Mrs. Murphy reported as follows:
· The senior flu shot program this year is returning back to the Community Center. It will be held Thursday, October 18th from 1 to 3 p.m. Reservations are required. Phone reservations can be made beginning October 1st by calling Mary Velotta at City Hall.
· Highland Heights will again host the Tri-City Garage Sale on Saturday, November 3rd from 9 to 3 at the Community Center.
· Tri-City has rolled out a new farmer's market program. They have an agreement with a farmer who comes to the various community centers and sells the produce out of his truck. Certain seniors who qualify based on their income get discount coupons towards their purchase. This program will run through October. All three cities will host the event. The event in Highland Heights will be Friday, September 21st from 10 a.m. to 12 noon in the Community Center parking lot.
· Also Tri-City is sponsoring a care giver series for people who are involved in caring for those afflicted with Alzheimer's or other memory diseases. Highland Heights is hosting this event; it is a 4-part series held on Thursday from noon to 1 p.m. at the Community Center, October 11th and 25th and November 8th and 15th. The program is free but registration is required.
Mayor Coleman advised in the Council of Government Meetings they mentioned the Farmers Market as well. He noted that qualifying seniors can receive vouchers toward purchases but that it is open to the public as well.
Mayfield Area Recreation Council (MARC): Mr. Dolciato reported MARC met last week. Volley Ball will start Saturday, September 15th at Mayfield High School at 10 a.m. The Art Show at Mayfield Library starts September 30th and runs through October 27th. Volley Ball is a new program that one of our residents requested and it has been very successful.
Safety & Service Committee: No report. Mr. Hargate advised a meeting is scheduled for September 18th at 7:00 p.m.
Park and Recreation Commission: No report. Mr. Austin advised the next meeting is scheduled for Wednesday, September 19th at 7:00 p.m.
Mr. Legan advised he has had a conversation with several residents regarding the condition of Whiteford Park. He suggested discussion in a committee of the whole.
Mr. Austin advised Park & Recreation has discussed Whiteford Park and actually talked about selling the park and using the money generated by the sale toward the main park.
Law Director's Report: Law Director Paluf reported as follows:
· Agenda Item No. 1 was discussed over the past several weeks, both at P&Z and at Council and would allow the one setback for Building #34 as well as 2 feet for "A" buildings. He suggested this is a perfect resolution for all parties, the city, golf course and developer. It keeps the 25 foot buffer area in tack and it doesn't compromise the front yard setback.
· Item No. 6 they could suspend. The reason for the legislation is because of the amount and the nature of the change order.
· Regarding the gate for Maypine Farms Subdivision, Josh Simon, the developer, is frustrated because the contractor for the gate keeps telling him next week. The Law Director and Building Commissioner talk with Mr. Simon every week.
MAYOR'S REPORT: Mayor Coleman reported they have had a very long standing problem on Wilson Mills Road in front of the Benedetti house where two of the pieces of concrete didn't meet in the right way. They have had temporary fixes. The result was these people had to live with noise every time a car went over it. The city took the opportunity with the Wilson Mills project to appeal to County Engineer Bob Klaiber to see if they could do anything about it. They did fix it. Mayor Coleman spoke to the Benedetti's and the noise is gone after several years. Mayor Coleman thanked County Engineer Bob Klaiber, Service Director Evans and City Engineer Blackley for their assistance.
In response to Mr. Mills' inquiry regarding Giant Eagle and the former Catalano property, Mayor Coleman advised he and Finance Director Ianiro contact Giant Eagle weekly but there is no information on it. He advised Giant Eagle does own the property and does maintain it.
ITEMS TO BE ADDED TO THE AGENDA: No items were added.
MEETING OPENED TO THE PUBLIC:
Mr. Leon Wilneff, and Ida Pearlstein, owners of their home at 253 Burwick Road in Aberdeen appeared before Council. Mr. Wilneff advised he has lived in the city over 17 years and formerly served on Council, the Park & Recreation Commission and Home Days Committee. He also owns a home on Coldstream and Ms. Pearlstein owns a condo on Greenway Court. They own three properties in the city with two on the market. They purchased this lot in April of 2006; the home was completed December 15, 2006 and was built by Miller Homes. They have a certificate of occupancy from the City of Highland Heights signed by Mr. George Wilson. As part of the house there are two patio doors, one is a side door and one is a rear door. The rear door has a six foot drop to the ground, a very dangerous drop. This was approved by the builder and approved by the city with no steps and patio as of this date after almost nine months. They have not been able to receive approval for a patio and steps. Law Director Paluf, Former City Engineer Steve Hovancsek and Building Commissioner Stouffer have been out. A letter was sent to the city on August 16th. They both stated their concern with the six foot drop to the ground because they have four grandchildren.
Law Director Paluf stated they have been working on this for a few months; it involves the 25 foot buffer area. They are trying to get a resolution and hope to figure it out soon. Mr. Paluf added that there is a development agreement between the golf course and the developer, Forest City that addresses this issue. He stated it is up to the golf course to determine their legal recourse as opposed to the city doing the enforcement for the golf course.
Mr. Pilla advised this was brought to the attention of P&Z at their meeting last evening. He noted that the Aberdeen development has a tri-party agreement agreed upon by three parties, the city, the golf course and the developer, so it is a complex issue.
Mayor Coleman advised they have had multiple conversations with Stonewater representatives about this issue and have challenged them to bring a list of violations of the buffer area. They have not provided that list. As far as enforcement, he agreed with Mr. Paluf that there is the opportunity for Stonewater to go after these people and they choose not to do it. The City is not the enforcement agent in that.
Law Director Paluf stated he is working with the City Engineer and Building Commissioner to address this situation.
NEW BUSINESS:
MOTION AUTHORIZING TWO AMENDMENTS TO THE FINAL SITE PLAN FOR ABERDEEN AREA "J", PHASE IV: A motion was made by Mr. Pilla authorizing two amendments to the Final Site Plan for Aberdeen Area "J", Phase IV to permit two variances from Section 1124.05 (3) A1 "Building Setback/Front Building Setbacks", which requires a minimum front building setback of 35 feet from the nearest edge of the street of dwelling units abutting any dedicated street within a Recreational and Residential District as follows: 1) to permit a variance of 6 feet 8 inches to allow a front yard setback of 28 feet 4 inches on only Building #34, Cypress Unit "C"; and 2) to permit a variance of two feet to allow a front yard setback of 33 feet on Buildings #1 through #14 and Buildings #23 through #40, Doral Units "A"; the variance to apply to one (1) "A" unit per building; seconded by Mr. Austin. Ayes all; motion carried.
MOTION GRANTING IMPROVEMENT PLAN APPROVAL FOR ABERDEEN AREA "J", PHASE IV: A motion was made by Mr. Pilla granting Improvement Plan Approval for Aberdeen Area "J", Phase IV; seconded by Mr. Mills. Ayes all; motion carried.
MOTION GRANTING FINAL SITE PLAN APPROVAL FOR ABERDEEN AREA "J", PHASE IV: A motion was made by Mr. Pilla granting Final Site Plan Approval for Aberdeen Area "J", Phase IV; seconded by Mr. Austin. Ayes all; motion carried.
ADOPTION OF RESOLUTION 36-2007: Council listened to the First Reading in title only of Proposed Resolution 36-2007 which description is: "A Resolution accepting an easement from Rosa S. Musarra, for constructing, reconstructing, maintaining, operating and repairing a storm sewer and declaring an emergency." City Engineer Blackley requested approval this evening. Mr. Pilla moved to suspend the Second and Third Readings; seconded by Mr. Legan. Ayes all; motion carried. Mr. Pilla moved to adopt; seconded by Mr. Austin. Ayes all; motion carried.
ADOPTION OF RESOLUTION 37-2007: Council listened to the First Reading in title only of Proposed Resolution 37-2007 which description is: "A Resolution accepting an easement from Paul B. and Mary Lou Betori, for constructing, reconstructing, maintaining, operating and repairing a storm sewer and declaring an emergency." City Engineer Blackley requested approval this evening. Mr. Legan moved to suspend the Second and Third Readings; seconded by Mr. Mills. Ayes all; motion carried. Mr. Mills moved to adopt; seconded by Mr. Pilla. Ayes all; motion carried.
ADOPTION OF RESOLUTION 38-2007: Council listened to the First Reading in title only of Proposed Resolution 38-2007 which description is: "A Resolution ratifying a motion to accept Change Order No. 1 for the Community Park Safety Improvements Project in an amount of Forty Three Thousand One Hundred Seventy Six Dollars and Forty Cents ($43,176.40), and declaring an emergency." City Engineer Blackley requested approval this evening. Mr. Austin moved to suspend the Second and Third Readings; seconded by Mr. Mills. Ayes all; motion carried. Mr. Austin moved to adopt; seconded by Mr. Pilla. Ayes all; motion carried.
SECOND READING PROPOSED ORDINANCE 15-2007: Council listened to the Second Reading in title only of Proposed Ordinance 15-2007 which description is: "An Ordinance authorizing transfers and declaring an emergency."
TOPICS FOR COMMITTEE OF THE WHOLE MEETING OF 9/18/07:
ADJOURNMENT: A motion was made by Mr. Mills and seconded by Mr. Pilla to adjourn the meeting. Said meeting adjourned at 9:15 p.m.
Clerk of Council
President of Council