You are here: Council Meeting Minutes - 050912

Council Meeting Minutes - May 9, 2012


The meeting was called to order by Mayor Renda at 6:30 p.m.

ROLL CALL: Mr. Fritz, Ms. Sturgis, Mr. Wortzman, Mrs. Cooper, Mr. Richman
Absent: Mr. Buczek

Others Present: Greg Potts, Building Commissioner; Ted DeWater, Service Director; Tom Flauto, Chief of Police; Margaret Cannon, Law Director.


Mr. Fritz made a motion seconded by Mr. Richman to approve the minutes of the Special Council meeting of May 2, 2012.

ROLL CALL:
AYES: Mr. Fritz, Ms. Sturgis, Mr. Wortzman, Mrs. Cooper, Mr. Richman
NAYS: NONE
Motion Carried


At this time Mayor Renda asked if any resident would like to address Council. Ms. Judy Rossman from 40 North Strawberry Lane was present and addressed Council. She stated that she appreciated Council considering the information that she and her husband had provided concerning solar panels. She stated that she realized that there were certain issues such as aesthetics, homeowners’ rights, etc. that were legitimate, but hoped that Council would realize that the savings in energy is important. She stated that the prices of the panels are coming down rapidly and that the price of energy is going up.

Mayor Renda thanked Ms. Rossman for her comments. Mayor Renda announced that the agenda items would be addressed out of order because Mr. Fritz needed to leave at 7:45. Five Council members are needed to suspend the rules. When Mr. Fritz leaves there will be just four.


Ordinance 2012-25 amending existing Chapter 1301, Regional Dwelling House Code, of the Codified Ordinances of the Village of Moreland Hills, repealing existing Chapter 1301 of the Codified Ordinances and declaring an emergency was introduced by Mrs. Cooper.

Mrs. Cooper stated that the old chapter was adopted in 1966 and this ordinance will bring the Building Code up to date. She stated that the ordinance allows for substantive adoption of the Ohio Building Code but the Village Building Department will not become certified by the State. This will allow for some local control.

Mrs. Cooper made a motion to suspend the rules seconded by Mr. Richman.

ROLL CALL:
AYES: Mr. Fritz, Ms. Sturgis, Mr. Wortzman, Mrs. Cooper, Mr. Richman
NAYS: None
Motion Carried


Mrs. Cooper made a motion seconded by Mr. Richman for passage of Ordinance 2012-25.

ROLL CALL:
AYES: Mr. Fritz, Ms. Sturgis, Mr. Wortzman, Mrs. Cooper, Mr. Richman
NAYS: None
Motion Carried


Ordinance 2012-26 repealing existing Chapter 1303, Regional Building Code of the Codified Ordinances of the Village of Moreland Hills and declaring an emergency was introduced by Mrs. Cooper.

Mrs. Cooper stated that this chapter adopted the 1959 Building Code which is now obsolete and should be repealed.

Mrs. Cooper made a motion seconded by Mr. Richman to suspend the rules for Ordinance 2012-26.

ROLL CALL:
AYES: Mr. Fritz, Ms. Sturgis, Mr. Wortzman, Mrs. Cooper, Mr. Richman
NAYS: None
Motion Carried


Mrs. Cooper made a motion seconded by Ms. Sturgis for passage of Ordinance 2012-26.

ROLL CALL:
AYES: Mr. Fritz, Ms. Sturgis, Mr. Wortzman, Mrs. Cooper, Mr. Richman
NAYS: None
Motion carried

Ordinance 2012-27 amending existing Chapter 1305, National Electrical Code of the Codified Ordinances of the Village of Moreland Hills, repealing existing Chapter 1305 of the Codified Ordinances and declaring an emergency was introduced by Mrs. Cooper.

Mrs. Cooper stated that the old chapter adopted the 1990 edition of the National Electric Code. She stated that this ordinance adopts the 2008 edition.

Mrs. Cooper made a motion seconded by Mr. Wortzman to suspend the rules for Ordinance 2012-27.

ROLL CALL:
AYES: Mr. Fritz, Ms. Sturgis, Mr. Wortzman, Mrs. Cooper, Mr. Richman
NAYS: None
Motion Carried


Mrs. Cooper made a motion seconded by Mr. Richman for passage of Ordinance 2012-27.

ROLL CALL:
AYES: Mr. Fritz, Ms. Sturgis, Mr. Wortzman, Mrs. Cooper, Mr. Richman
NAYS: None
Motion Carried


Ordinance 2012-28 amending existing Chapter 1309, National Fire Prevention Code of the Codified Ordinances of the Village of Moreland Hills, repealing existing Chapter 1309 of the Codified Ordinances and declaring an emergency was introduced by Mrs. Cooper.

Mrs. Cooper stated that this is similar to the previous ordinance but will adopt the latest fire code which is the 2007 edition.

Mrs. Cooper made a motion seconded by Mr. Richman to suspend the rules for Ordinance 2012-28.

ROLL CALL:
AYES: Mr. Fritz, Ms. Sturgis, Mr. Wortzman, Mrs. Cooper, Mr. Richman
NAYS: None
Motion Carried


Mrs. Cooper made a motion seconded by Mr. Fritz for passage of Ordinance 2012-28.

ROLL CALL:
AYES: Mr. Fritz, Ms. Sturgis, Mr. Wortzman, Mrs. Cooper, Mr. Richman
NAYS: None
Motion Carried


Ordinance 2012-29 amending existing Chapter 1311, Administration and Penalty, of the Codified Ordinances of the Village of Moreland Hills, repealing existing Chapter 1311 of the Codified Ordinances and declaring an emergency was introduced by Mrs. Cooper.

Mrs. Cooper stated that this ordinance addresses and provides for new standards relating to the administration of the Building Department. She stated that this includes appointment of the Building Commissioner, duties, etc.

Mrs. Cooper made a motion seconded by Ms. Sturgis to suspend the rules for Ordinance 2012-29.

ROLL CALL:
AYES: Mr. Fritz, Ms. Sturgis, Mr. Wortzman, Mrs. Cooper, Mr. Richman
NAYS: None
Motion Carried


Mrs. Cooper made a motion seconded by Mr. Richman for passage of Ordinance 2012-29.

ROLL CALL:
AYES: Mr. Fritz, Ms. Sturgis, Mr. Wortzman, Mrs. Cooper, Mr. Richman
NAYS: None
Motion Carried


Ordinance 2012-30 amending existing Chapter 1313, plans permits and fees of the Codified Ordinances of the Village of Moreland Hills, repealing existing Chapter 1313 of the Codified Ordinances and declaring an emergency was introduced by Mrs. Cooper.

Mrs. Cooper stated that this amends chapter 1313 and allows for changes to permits and fees and more clearly states standards to be followed.

Mrs. Cooper made a motion seconded by Mr. Fritz to suspend the rules for Ordinance 2012-30.

ROLL CALL:
AYES: Mr. Fritz, Ms. Sturgis, Mr. Wortzman, Mrs. Cooper, Mr. Richman.
NAYS: None
Motion Carried


Mrs. Cooper made a motion seconded by Mr. Richman for passage of Ordinance 2012-30.

ROLL CALL:
AYES: Mr. Fritz, Ms. Sturgis, Mr. Wortzman, Mrs. Cooper, Mr. Richman
NAYS: None
Motion Carried


Ordinance 2012-31 amending existing Chapter 1315, Architectural Reviewer, of the Codified Ordinances of the Village of Moreland Hills, repealing existing Chapter 1315 of the Codified Ordinances and declaring an emergency was introduced by Mrs. Cooper.

Mrs. Cooper stated that this ordinance addresses the duties of the Architectural Reviewer and has some updates including enabling the Mayor to appoint a temporary Architectural Reviewer. Mrs. Cooper made a motion seconded by Ms. Sturgis to suspend the rules for Ordinance 2012-31.

ROLL CALL:
AYES: Mr. Fritz, Ms. Sturgis, Mr. Wortzman, Mrs. Cooper, Mr. Richman
NAYS: None
Motion Carried


Mrs. Cooper made a motion seconded by Mr. Richman for passage of Ordinance 2012-31.

ROLL CALL:
AYES: Mr. Fritz, Ms. Sturgis, Mr. Wortzman, Mrs. Cooper, Mr. Richman
NAYS: None
Motion Carried


Ordinance 2012-32 amending existing Section 1317.02, Plans and Permit for Driveway Installation, of Chapter 1317, Driveway Drainage, of the Codified Ordinances of the Village of Moreland Hills, and declaring an emergency was introduced by Mrs. Cooper.

Mrs. Cooper stated that this ordinance addresses driveway permits. The amendments to this ordinance will require compliance with the newly enacted Village Building Code.

Mrs. Cooper made a motion seconded by Mr. Richman to suspend the rules for Ordinance 2012-32.

ROLL CALL:
AYES: Mr. Fritz, Ms. Sturgis, Mr. Wortzman, Mrs. Cooper, Mr. Richman
NAYS: None
Motion Carried


Mrs. Cooper made a motion seconded by Mr. Fritz for passage of Ordinance 2012-32.

ROLL CALL:
AYES: Mr. Fritz, Ms. Sturgis, Mr. Wortzman, Mrs. Cooper, Mr. Richman
NAYS: None
Motion Carried


Ordinance 2012-33 amending existing Chapter 1319, Moving Buildings, of the Codified Ordinances of the Village of Moreland Hills, repealing existing Chapter 1319 of the Codified Ordinances and declaring an emergency was introduced by Mr. Richman.

Mr. Richman stated that the new ordinance required Planning Commission review and that the bond requirements have been changed.

Mr. Richman made a motion seconded by Mrs. Cooper to suspend the rules for Ordinance 2012-33.

ROLL CALL:
AYES: Mr. Fritz, Ms. Sturgis, Mr. Wortzman, Mrs. Cooper, Mr. Richman
NAYS: None
Motion Carried


Mr. Richman made a motion seconded by Mrs. Cooper for passage of Ordinance 2012-33.

ROLL CALL:
AYES: Mr. Fritz, Ms. Sturgis, Mr. Wortzman, Mrs. Cooper, Mr. Richman
NAYS: None
Motion Carried


Ordinance 2012-34 repealing existing Chapter 1327, Waste Water Treatment Plants of the Codified Ordinances of the Village of Moreland Hills and declaring an emergency was introduced by Mr. Richman.

Mr. Richman stated that formerly when sewers were not accessible, developers of subdivisions put in their own wastewater treatment plants. Currently sewers or septic are the most commonly used systems and are regulated by the Ohio EPA. It was determined that this chapter should be repealed.

Mr. Richman made a motion seconded by Mrs. Cooper to suspend the rules for Ordinance 2012-34.

ROLL CALL:
AYES: Mr. Fritz Ms. Sturgis, Mr. Wortzman, Mrs. Cooper, Mr. Richman
NAYS: None
Motion Carried


Mr. Richman made a motion seconded by Ms. Sturgis for passage of Ordinance 2012-34.

ROLL CALL:
AYES: Mr. Fritz, Ms. Sturgis, Mr. Wortzman, Mrs. Cooper, Mr. Richman
NAYS: None
Motion Carried


Ordinance 2012-35 amending existing Chapter 1331, Licensing Contractors, of the Codified Ordinances of the Village of Moreland Hills, repealing existing Chapter 1331 of the Codified Ordinances and declaring an emergency was introduced by Mr. Richman.

Mr. Richman stated that since Chapter 1331 was adopted there was a Federal Law enacted concerning lead based paint. He stated that the current ordinance incorporates this law. He stated that there is an exception for homeowners doing their own work.

Mr. Richman made a motion seconded by Mrs. Cooper to suspend the rules for Ordinance 2012-35.

ROLL CALL:
AYES: Mr. Fritz, Ms. Sturgis, Mr. Wortzman, Mrs. Cooper, Mr. Richman
NAYS: None
Motion Carried


Mr. Richman made a motion seconded by Ms. Sturgis for passage of Ordinance 2012-35.

ROLL CALL:
AYES: Mr. Fritz, Ms. Sturgis, Mr. Wortzman, Mrs. Cooper, Mr. Richman
NAYS: None
Motion Carried


Ordinance 2012-36 amending existing Chapter 1343, Point of Sale Inspection of Septic Systems, of the Codified Ordinances of the Village of Moreland Hills, repealing existing Chapter 1343 of the Codified Ordinances and declaring and emergency was introduced by Mr. Richman.

Mr. Richman stated that point of sale regulations were considered and the committeeadded those items that were important to the health and safety of the residents. He explained that the inspections would now include the existence of smoke and carbon monoxide detectors and the inspection of septic and private water well systems. He stated that there was a new certificate of inspection and also escrow requirements.

Mr. Richman made a motion seconded by Mr. Wortzman to suspend the rules for Ordinance 2012-36.

ROLL CALL:
AYES: Mr. Fritz, Ms. Sturgis, Mr. Wortzman, Mrs. Cooper, Mr. Richman
NAYS: None
Motion Carried


Mr. Richman made a motion seconded by Mr. Fritz for passage of Ordinance 2012-36.

ROLL CALL:
AYES: Mr. Fritz, Ms. Sturgis, Mr. Wortzman, Mrs. Cooper, Mr. Richman
NAYS: None
Motion Carried


Ordinance 2012-37 amending existing Chapter 1346 Demolition and Removal of Structures, of the Codified Ordinances of the Village of Moreland Hills, repealing existing Chapter 1346 of the Codified Ordinances and declaring an emergency was introduced by Mr. Richman.

Mr. Richman stated that the existing ordinance included removal of underground storage tanks and this ordinance provides for informing the Fire Chief of the removal of the underground storage tanks so that it will be done safely.

Mr. Richman made a motion seconded by Mrs. Cooper to suspend the rules for Ordinance 2012-37.

ROLL CALL:
AYES: Mr. Fritz, Ms. Sturgis, Mr. Wortzman, Mrs. Cooper, Mr. Richman
NAYS: None
Motion Carried


Mr. Richman made a motion seconded by Mrs. Cooper for passage of Ordinance 2012-37.

ROLL CALL:
AYES: Mr. Fritz, Ms. Sturgis, Mr. Wortzman, Mrs. Cooper, Mr. Richman
NAYS: None
Motion Carried


Ordinance 2012-38 enacting new section 1351.02, Downspouts and Downspout Disconnection, of Chapter 1351, Maintenance of Dwelling Structures of Title Thirteen—Building Code of the Codified Ordinances of the Village of Moreland Hills and declaring an emergency was introduced by Mr. Richman.

Mr. Richman stated that when this was being reviewed and the rain barrel ordinance was passed, it was determined that there was not an existing ordinance concerning downspouts. He stated that where storm sewers were present, the downspouts needed to be connected. This ordinance creates standards for disconnection of downspouts.

Mr. Richman made a motion seconded by Mrs. Cooper to suspend the rules for Ordinance 2012-38.

ROLL CALL:
AYES: Mr. Fritz, Ms. Sturgis, Mr. Wortzman, Mrs. Cooper, Mr. Richman
NAYS: None
Motion Carried


Mr. Richman made a motion seconded by Mrs. Cooper for passage of Ordinance 2012-38.

ROLL CALL:
AYES: Mr. Fritz, Ms. Sturgis, Mr. Wortzman, Mrs. Cooper, Mr. Richman
NAYS: None
Motion Carried


Mayor Renda stated that this was one way the Village was helping the residents with the new storm water fees and management strategy.


Ordinance 2012-39 enacting new Chapter 1350, Plumbing Systems in One-, Two-, and Three-Family Dwellings of Title Thirteen—Building Code of the Codified Ordinances of the Village of Moreland Hills and declaring an emergency was introduced by Mr. Richman.

Mr. Richman stated that the existing code requires copper piping. He stated that PEX is a plastic pipe that is less expensive and is allowed by the state code. Although the Village is adopting the substance of the state code, the committee did want to express their preference for copper piping. He stated that copper piping does not harbor bacteria and does not give out noxious fumes in the case of a fire. There was a provision added so that fittings must be visible to the Building Commissioner for inspection.

Mr. Richman made a motion seconded by Mr. Wortzman to suspend the rules for Ordinance 2012-39.

ROLL CALL:
AYES: Mr. Fritz, Ms. Sturgis, Mr. Wortzman, Mrs. Cooper, Mr. Richman
NAYS: None
Motion Carried


Mr. Richman made a motion seconded by Mr. Fritz for passage of Ordinance 2012-39.

Mrs. Cooper stated that Mr. Richman made a very good presentation about why copper is better than plastic.

ROLL CALL:
AYES: Mr. Fritz, Ms. Sturgis, Mr. Wortzman, Mrs. Cooper, Mr. Richman
NAYS: None
Motion Carried


Ordinance 2012-40 enacting new Chapter 1361, Vacant Dwelling Registration, of Title Thirteen—Building Code of the Codified Ordinances of the Village of Moreland Hills and declaring an emergency was introduced by Mr. Richman.

Mr. Richman stated that there was an increase in vacant dwellings due to foreclosure, etc. He also stated that there had been problems with the upkeep of certain dwellings. He stated that it is sometimes hard to locate the owner as they may live out of state, etc. He stated that this would enable the Building Department to keep track of the dwellings and contact the persons responsible for upkeep. Also there will be point of sale inspection for vacant dwellings before a sale.

Mr. Richman made a motion seconded by Mrs. Cooper to suspend the rules for Ordinance 2012-40.

ROLL CALL:
AYES: Mr. Fritz, Ms. Sturgis, Mr. Wortzman, Mrs. Cooper, Mr. Richman
NAYS: None
Motion Carried


Mr. Richman made a motion seconded by Mrs. Cooper for passage of Ordinance 2012-40.

ROLL CALL:
AYES: Mr. Fritz, Ms. Sturgis, Mr. Wortzman, Mrs. Cooper, Mr. Richman
NAYS: None
Motion Carried


Ordinance 2012-41 enacting new Chapter 1363, Rental Dwelling Registration of Title Thirteen—Building Code of the Codified Ordinances of the Village of Moreland Hills and declaring an emergency was introduced by Mr. Richman.

Mr. Richman stated that this is a very similar ordinance to the previous ordinance.

Mr. Richman made a motion seconded by Mrs. Cooper to suspend the rules for Ordinance 2012-41.

ROLL CALL:
AYES: Mr. Fritz, Ms. Sturgis, Mr. Wortzman, Mrs. Cooper, Mr. Richman
NAYS: None
Motion Carried


Mr. Richman made a motion seconded by Mrs. Cooper for passage of Ordinance 2012-41.

ROLL CALL:
AYES: Mr. Fritz, Ms. Sturgis, Mr. Wortzman, Mrs. Cooper, Mr. Richman
NAYS: None
Motion Carried


Ordinance 2012-42 enacting new Chapter 1359, Smoke Detector and Carbon Monoxide Detector Requirements, of Title Thirteen—Building Code of the Codified Ordinances of the Village of Moreland Hills and declaring an emergency was introduced by Mr. Fritz.

Mr. Fritz stated that requiring photo-electric versus ionization smoke detectors was discussed. It was determined that photo-electric was the preferred type of smoke detector. He stated that many communities had gone in the same direction.

Mr. Fritz made a motion seconded by Mrs. Cooper to suspend the rules for Ordinance 2012-42.

ROLL CALL:
AYES: Mr. Fritz, Ms. Sturgis, Mr. Wortzman, Mrs. Cooper, Mr. Richman
NAYS: None
Motion Carried


Mr. Fritz made a motion seconded by Ms. Sturgis for passage of Ordinance 2012-42.

Mayor Renda thanked Mr. Fritz for his input on this, as it was invaluable.

ROLL CALL:
AYES: Mr. Fritz, Ms. Sturgis, Mr. Wortzman, Mrs. Cooper, Mr. Richman
NAYS: None
Motion Carried


Ordinance 2012-43 enacting new Chapter 1521, Oil and Gas Wells, of Title Fifteen—Fire Prevention Code of the Codified Ordinances of the Village of Moreland Hills and declaring an emergency was introduced by Mr. Fritz.

Mr. Fritz stated that this pertains to oil and gas wells. This ordinance makes the drilling process as safe as possible. Notification would be made to the Fire Chief and Building Inspector prior to drilling or in the case of a spill.

Mr. Fritz made a motion seconded by Mr. Richman to suspend the rules for Ordinance 2012-43.

ROLL CALL:
AYES: Mr. Fritz, Ms. Sturgis, Mr. Wortzman, Mrs. Cooper, Mr. Richman
NAYS: None
Motion Carried


Mr. Fritz made a motion seconded by Mr. Richman for passage of Ordinance 2012-43.

ROLL CALL:
AYES: Mr. Fritz, Ms. Sturgis, Mr. Wortzman, Mrs. Cooper, Mr. Richman
NAYS: None
Motion Carried


Ordinance 2012-44 amending existing Part Nine, Streets, Utilities and Public Services Code, by amending the Part Nine title to Streets Utilities, Public Services and Engineering Code, by providing for the enactment of new Chapter 937, Private Water Wells, by providing for a new Title Seven in Part Nine relating to engineering, renumbering existing Chapter 1349, erosion and sediment control to a new Chapter 971 of Title Seven renumbering existing Chapter 1355, Comprehensive Storm Water Management to new Chapter 973 of Title Seven, and renumbering existing Chapter 1357, Illicit Discharge and Illegal Connection Control, to new Chapter 975 of Title Seven of the Codified Ordinances of the Village of Moreland Hills, and declaring an emergency was introduced by Mr. Richman.

Mr. Richman stated that the committee had deferred to the Village Engineer and Assistant Law Director for this ordinance. This ordinance simply moves items to a new chapter and renumbers them. There was not a provision for private water wells, so this was added. There is also a requirement that any existing wells be registered with the Building Commissioner.

Mr. Richman made a motion seconded by Mrs. Cooper to suspend the rules for Ordinance 2012-44.

ROLL CALL:
AYES: Mr. Fritz, Ms. Sturgis, Mr. Wortzman, Mrs. Cooper, Mr. Richman
NAYS: None
Motion Carried


Mr. Richman made a motion seconded by Mrs. Cooper for passage of Ordinance 2012-44.

Mayor Renda pointed out that the effective date for all Building Code ordinances is July 1 to allow the Villagetime to create new forms, etc. Mr. Richman suggested getting all relevant new forms to the local real estate brokers. Mayor Renda agreed.

ROLL CALL:
AYES: Mr. Fritz, Ms. Sturgis, Mr. Wortzman, Mrs. Cooper, Mr. Richman
NAYS: None
Motion Carried


Ordinance 2012-45 providing additional appropriations, transferring items already appropriated and declaring an emergency was introduced by Mr. Wortzman.

Mr. Wortzman stated that this is a monthly housekeeping item. He stated that the transfers represent moving monies from operating funds to restrictive funds. The two major transfers were from the General Fund to the Police and Fire Levy Fund and Property Improvement fund.

Mr. Wortzman made a motion seconded by Ms. Sturgis to suspend the rules for Ordinance 2012-45.

ROLL CALL:
AYES: Mr. Fritz, Ms. Sturgis, Mr. Wortzman, Mrs. Cooper, Mr. Richman
NAYS: None
Motion Carried


Mr. Wortzman made a motion seconded by Mr. Fritz for passage of Ordinance 2012-45.

ROLL CALL:
AYES: Mr. Fritz, Ms. Sturgis, Mr. Wortzman, Mrs. Cooper, Mr. Richman
NAYS: None
Motion Carried


Resolution 2012-46 authorizing the Mayor to execute and file an application with the State Forester and U.S. Forest Service for financial assistance under the Community Forest and Open Space Conservation Program, and declaring an emergency was introduced by Mr. Wortzman.

Mr. Wortzman stated that this resolution deals with the Forest Ridge expansion project. It requires a cash match and the WRLC has agreed to provide that money.

Mr. Wortzman made a motion seconded by Mr. Fritz to suspend the rules for Ordinance 2012-46.

ROLL CALL:
AYES: Mr. Fritz, Ms. Sturgis, Mr. Wortzman, Mrs. Cooper, Mr. Richman
NAYS: None
Motion Carried


Mr. Wortzman made a motion seconded by Mrs. Cooper for passage of Ordinance 2012-46.

Mrs. Cannon reminded Council that the maximum amount the Village has committed to this project is $500,000, $100,000 of which has been paid in rent. The Village also has committed $250,000 in matching funds for two previous grant applications.

Thus, WRLC agreed to put up the match for this grant application.

ROLL CALL:
AYES: Mr. Fritz, Ms. Sturgis, Mr. Wortzman, Mrs. Cooper, Mr. Richman
NAYS: None
Motion Carried


Resolution 2012-47 establishing the Cuyahoga County Department of Public Safety and Justice Services Office of Emergency Management, as the Village’s emergency management agency and declaring an emergency was introduced by Ms. Sturgis.

Ms. Sturgis stated that Ohio Law requires that a political subdivision enter into or create an establishment for an emergency management agency. This resolution puts the Village in compliance with Ohio law.

Ms. Sturgis made a motion seconded by Mr. Richman to suspend the rules for Ordinance 2012-47.

ROLL CALL:
AYES: Mr. Fritz, Ms. Sturgis, Mr. Wortzman, Mrs. Cooper, Mr. Richman
NAYS: None
Motion Carried


Ms. Sturgis made a motion seconded by Mr. Wortzman for passage of Ordinance 2012-47. Mrs. Cooper asked if this was a new program. Mrs. Cannon replied that Federal and State grants now require evidence that this agreement exists. Thus, although the program is not new, the requirement for this resolution is relatively new.

ROLL CALL:
AYES: Mr. Fritz, Ms. Sturgis, Mr. Wortzman, Mrs. Cooper, Mr. Richman
NAYS: None
Motion Carried


Ordinance 2012-48 amending existing Section 931.04, Sewage Rates of Chapter 931 of the Codified Ordinances of the Village of Moreland Hills, to provide for new sewage rates for users and declaring an emergency was introduced by Mr. Richman.

Mr. Richman stated that the wastewater treatment plants are being replaced with pump stations. The costs of maintaining the system should be reduced accordingly. However, currently it is not known what the maintenance costs will be. This ordinance makes an initial reduction of 20% across the board. Over the next six months, data collection and analysis will be undertaken and the Administration anticipates that there will be further reductions.

Mr. Richman made a motion seconded by Mrs. Cooper to suspend the rules for Ordinance 2012-48.

ROLL CALL:
AYES: Mr. Fritz, Ms. Sturgis, Mr. Wortzman, Mrs. Cooper, Mr. Richman
NAYS: None
Motion Carried


Mr. Richman made a motion seconded by Mrs. Cooper for passage of Ordinance 2012-48.

ROLL CALL:
AYES: Mr. Fritz, Ms. Sturgis, Mr. Wortzman, Mrs. Cooper, Mr. Richman
NAYS: None
Motion Carried


Resolution 2012-49 supporting the location of the Chagrin Valley Regional Communications Center within the Village of Moreland Hills, and declaring an emergency was introduced by Ms. Sturgis.

Ms. Sturgis stated that the Village is a member of the Chagrin Valley Dispatch Council of Governments. Dispatch currently operates out of Chagrin Falls Village Hall. This Resolution offers a piece of property that the Village owns at the corner of SOM Center Road and Hiram Trail for the new Dispatch Center. Mayor Renda will make a presentation to the COG.

Ms. Sturgis made a motion seconded by Mrs. Cooper to suspend the rules for Ordinance 2012-49.

ROLL CALL:
AYES: Mr. Fritz, Ms. Sturgis, Mr. Wortzman, Mrs. Cooper, Mr. Richman
NAYS: None
Motion Carried


Ms. Sturgis made a motion seconded by Mrs. Cooper for passage of Ordinance 2012-49.

Mrs. Cooper asked if the remaining lot was big enough to be buildable. Mr. Potts stated that it was. Mayor Renda stated that it is 87,000 square feet which is required by code. She stated that it will be a conforming lot and a buildable lot and will be put on the market soon.

ROLL CALL:
AYES: Mr. Fritz, Ms. Sturgis, Mr. Wortzman, Mrs. Cooper, Mr. Richman
NAYS: None
Motion Carried


Ordinance 2012-50 authorizing the Mayor to purchase radios and related equipment for the Police Department through the State of Ohio Department of Administrative Services Cooperative Purchasing Program; waiving competitive bidding and declaring an emergency was introduced by Ms. Sturgis.

Ms. Sturgis explained that these new radios will allow the Village to be in compliance with the FCC mandates.

Ms. Sturgis made a motion seconded by Mr. Richman to suspend the rules for Ordinance 2012-50.

ROLL CALL:
AYES: Mr. Fritz, Ms. Sturgis, Mr. Wortzman, Mrs. Cooper, Mr. Richman
NAYS: None
Motion Carried


Ms. Sturgis made a motion seconded by Mr. Fritz for passage of Ordinance 2012-50.

Mr. Richman asked if these expenses were in addition to the grant dollars the Village had received. The Chief replied that, yes, they were. The grant covered the cost of different equipment.

ROLL CALL:
AYES: Mr. Fritz, Ms. Sturgis, Mr. Wortzman, Mrs. Cooper, Mr. Richman
NAYS: None
Motion Carried


Ordinance 2012-51 authorizing Change Order No. 2 with Workman Industrial Services, Inc. for the Jackson Valley, Woodland Glen, & Quail Hollow Waste Water Treatment Plant Pump Station Conversion Project and declaring an emergency was introduced by Ms. Sturgis.

Ms. Sturgis stated that this change order was for additional work that is needed to complete the project.

Ms. Sturgis made a motion seconded by Mrs. Cooper to suspend the rules for Ordinance 2012-51.

ROLL CALL:
AYES: Mr. Fritz, Ms. Sturgis, Mr. Wortzman, Mrs. Cooper, Mr. Richman
NAYS: None
Motion Carried


Ms. Sturgis made a motion seconded by Mrs. Cooper for passage of Ordinance 2012-51.

ROLL CALL:
AYES: Mr. Fritz, Ms. Sturgis, Mr. Wortzman, Mrs. Cooper, Mr. Richman
NAYS: None
Motion Carried


Ordinance 2012-52 rezoning permanent parcel number 912-10-011 from dwelling house district (U1) to retail business district (U2), amending the zoning map of the Village, submitting the proposed change to the electors of Moreland Hills, and declaring an emergency was introduced by Mrs. Cooper.

Mrs. Cooper stated that this property is located at 34550 Chagrin Blvd. The owner of the property has requested that the Village rezone the property to U2, retail business district, so that the property can be used for commercial purposes. The property is shown on the map that is attached to the ordinance. The 2003 Comprehensive Land Use Plan recommended that this property be rezoned to U2. It is adjacent to other retail business properties.

Mrs. Cooper made a motion seconded by Mr. Fritz to place this Ordinance on first reading and refer it to the Planning Commission.

ROLL CALL:
AYES: Mr. Fritz, Ms. Sturgis, Mr. Wortzman, Mrs. Cooper, Mr. Richman
NAYS: None
Motion Carried


Mrs. Cooper said that this issue will go to the electorate in November. Mayor Renda said that Ms. Schaltenbrand, Assistant Law Director, stated that in order to comply with the 30 days public notice requirement and the Chagrin Valley Times publication deadlines, Council needs to provide authorization for the rezoning public hearing to occur on July 11. This authorization can occur only after Planning Commission considers the ordinance and recommends it to Council. Mayor Renda suggested that a Special Council Meeting be called immediately following the Planning Commission meeting on May 21, 2012 at 6:30 p.m., to put this Ordinance on second reading, set the public hearing date and authorize the Clerk to place a legal ad to advertise the public hearing.


Ordinance 2012-21 enacting new Titles One, Three, Five, Seven and Eleven of Part Eleven, Planning and Zoning code, of the Codified Ordinances of the Village of Moreland Hills, repealing existing Titles One, Three, and Five of Part Eleven, Planning and Zoning Code and declaring an emergency was introduced by Mrs. Cooper. This is the second reading of this Ordinance.

Mayor Renda stated that Council, Planning Commission and the Administration have been working on rewriting the Village Zoning Code for almost two years. There have been many discussions, invaluable input from Zoning Consultant, Dave Hartt, the Law Department, and staff. Equally importantly, each Council and Planning Commission member has been engaged and thoughtful about every decision. There have been multiple drafts and the end of the project is near.

She stated that regulations should not be adopted for a either worst or best case scenario nor should they be drafted with one particular person or group in mind. They should be aimed at the middle and for the majority. Furthermore, there is an intricate balance between a property owner’s rights and the greater good of the community. She stated that we have done yeoman’s work striking those balances. She congratulated and thanked all for their hard work.

Mayor Renda stated that in Moreland Hills any use not specifically listed as either a permitted or conditional use is prohibited. Currently Moreland Hills does not allow solar panels but has decided to change that policy. Thus the decision becomes how to regulate them. Council and Planning Commission members previously agreed to Mr. Hartt’s suggestion of 35% roof coverage. However, some developed concerns over that policy. The Ad Hoc Committee searched for solar regulations across many communities listed and looked at model legislation on line. They found three communities whose regulations they liked: Gates Mills, Eastlake and Montpelier. They forwarded them to Mr. Hartt who crafted a suggested regulation. Each Council member has a red-line version of the entire document to track changes.

Mrs. Cooper stated that with the gas stations there were questions from the Planning Commission about the number of vehicles parked outside. She stated that the change would be limited to two vehicles per bay, and one vehicle per employee. She stated that the solar regulation change was that solar panels are permitted on the roof but must not be visible from the street or sidewalk and do not extend beyond the edge of the roof. She stated that in the residential district, solar panels would only be allowed on the ground in the back of the residence. She stated that the Ordinance is trying to address better usage and aesthetics. She stated that solar panel glare cannot be directed at any other residence or the sidewalk or street.

Mr. Hartt stated that there is still the conditional use procedure for those who are aggrieved by the regulation. Mrs. Cooper stated that the feedback from many residents had been that solar panels are not aesthetically pleasing and residents prefer that they be regulated. Mr. Richman stated that if you have precluded glare there should be no need to prohibit panels from being visible from the street or the sidewalk. He stated that if it is not a safety hazard it should be allowed. Mayor Renda pointed out again that there is the conditional use provision for residents who are unhappy with the regulation. Furthermore, the purpose of zoning code goes beyond health, safety and welfare. Aesthetics and the character of the Village are important in the zoning code. She further stated that the Conditional Use process worked beautifully for the WRLC. Mrs. Cooper and Mayor Renda both stated they have heard concerns from residents.

Mr. Fritz stated that he disagrees with the changes as presented and the public hearing would give the residents a chance to voice their opinion. Mayor Renda suggested that this issue be discussed further at the Committee of the Whole.

Margaret Cannon stated that there is a corrected Ordinance before Council that reflects the fact that the version under consideration is the May 9th version and not the April 6th version. It also reflects the recommendation of the Planning Commission and the May 9th version of Exhibit A which includes the changes discussed this evening. Furthermore, the effective date is August 1, 2012.

Mr. Fritz left the meeting at 7:50 p.m.

Mrs. Cooper made a motion seconded by Ms. Sturgis to put Ordinance 2012-21 (May 9th version) on second reading.

ROLL CALL:
AYES: Ms. Sturgis, Mr. Wortzman, Mrs. Cooper, Mr. Richman
NAYS: None
Motion Carried


Reports of Committees

Facilities:
Mr. Richman reported on the facilities meeting due to Mr. Buczek’s absence. He stated that the committee had briefly discussed the conversion change order that was part of the ordinance presented and passed this evening. He stated that the Historical Society was still moving into the Community building and that that was going very well. He stated that the trees had been marked for the hazardous tree removal program. He stated that the opening of the cabin would be June 2nd, and that the Historical Society would hold their annual event that day with actors depicting President and Mrs. Garfield. He stated that the next Facilities meeting would be held June 25th, 2012 at 8 a.m. due to the holiday in May.


Roads and Safety:
Ms. Sturgis reported on the Roads and Safety Committee meeting. She stated that the dispatch radio equipment was discussed which was part of the legislation this evening. She stated that there had been a new police vehicle ordered and should be operational in 3 months. She stated that the 2012 asphalt program was discussed, in addition to the 2012 drainage and culvert program. She stated that the Service Department would be ditching certain areas. She stated that the Greening the Hills had been discussed. She stated that the next meeting would be held June 25th at 7:30 a.m. due to the Holiday schedule for May.

Mayor Renda added that the Greening the Hills had been a great success with 258 pounds of food collected. She stated that she would have an update of the other numbers at a later date.

Mr. Richman made a motion seconded by Mr. Wortzman to adjourn the meeting at 8:10 p.m.

ROLL CALL:
AYES: Ms. Sturgis, Mr. Wortzman, Mrs. Cooper, Mr. Richman
NAYS: None
Motion Carried


The meeting was adjourned at 8:10 p.m.

Attest: 
Julie Miller, Clerk of Council
Steve Richman, Council President



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