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Council Meeting Minutes - June 9, 2010


The Council Meeting of the Village of Moreland Hills was called to order by Mayor Susan Renda at 7:09 p.m.

PRESENT AT ROLL CALL: Mr. Wortzman, Mr. Buczek, Mrs. Cooper, Mr. Richman. Mr. Stanard, Ms. Sturgis

ALSO PRESENT: Mayor Susan Renda, Law Director Margaret Cannon, Village Engineer Jeff Filarski, Building Commissioner Greg Potts, Service Director Ted DeWater, Police Chief Thomas Flauto and Clerk of Council ProTem Catherine Peters.


Mr. Buczek made a motion seconded by Mr. Richman to approve the minutes ofthe May 12, 2010 Council Meeting.

ROLL CALL:
AYES: Wortzman, Buczek, Cooper, Richman, Stanard and Sturgis,
NAYS: None
Motion carried.


REPORT FROM THE MAYOR

Mayor Renda noted that the Cuyahoga County Transition Public Engagement Committee is presenting a Public Forum on Thursday, June 17th at 6:00 p.m. at the Brecksville Community Center. It’s our chance to make a difference in county reform; information will be placed on the bulletin board in the lobby for review. Mayor Renda advised Council that at the July Meeting she will be appointing Catherine Peters as Council Clerk.


REPORTS OF COMMITTEES

Finance Committee
Mr. Wortzman advised that last month’s meeting was cancelled as there was nothing unusual to review. He stated that at the last Committee of the Whole Meeting Treasurer Shah presented a five year forecast and reported that the projected finances of the Village will be positive but the Committee will continue to monitor.

Safety Committee
Ms. Sturgis reported that the Safety Committee met May 25th. A discussion took place regarding road striping and legislation will be presented to Council tonight. Ms. Sturgis advised that the patrol cruisers are now equipped with the added safety feature of a GPS mapping system. Congratulations to Patrolman Joe Scolaro who applied and competed for a position on the VEG SWAT team and has been accepted. Safety and good neighbor tips were discussed for the upcoming newsletter to residents. The next meeting will be on June 22nd at 8:00 a.m.

Buildings and Grounds Committee
Mr. Richman noted that the Committee meeting had been held on May 26’h and that the building tour resulted in a prioritization of items needing repair or maintenance. Priority items were the Evidence Room and shower tile floor in the Police Facility as well as damaged/worn carpet in the Operations Area of Village Hall. Mr. Richman congratulated the Historical Society on a job well done for their Annual Open House. It was exciting to see the docents dressed as President and Mrs. Garfield and have an opportunity to talk with “The President.” Mr. Potts provided a brief update on the new service facility noting that the mechanics bay is underway with the footers in place. Demolition of the building will begin on Monday, June14th and should take approximately four or five days to totally remove and clean up.

Planning Commission
Mrs. Cooper noted that the Commission had met on May 24’\ they continue to work on changes to the accessory use buildings legislation and will provide updates as they become available. Councilwoman introduced Mr. Janos Szegeti of 37155 Chagrin Blvd. who is requesting a 19′ side yard variance for an accessory building that he is putting on his property to replace an old building. The accessory building will have the same style and siding as the house.

Mrs. Cooper made a motion seconded by Mr. Richman for a 19 foot side yard variance at 37155 Chagrin Blvd.

ROLL CALL:
AYES: Wortzman, Buczek, Cooper, Richman, Stanard and Sturgis.
NAYS: None
Motion carried.


Mrs. Cooper inquired if Mr. Szegeti’s neighbor would be providing a letter noting his approval of the accessory building to which he responded yes. Mayor Renda reminded Mr. Szegeti to attend the next Planning Committee on June 28th at 5:00 p.m. so that the drawings can be discussed. Mr. Buczek noted that the Planning Commission would either approve or disapprove after reviewing his drawings.


Service Committee
Mr. Stanard stated the committee had met on May 28th and then briefly discussed the issue residents have at the intersection of Hiram Road and SR 91. Options include leaving the intersection as it is, leave it open but because it has a dramatic decline to the North it causes a sight visibility issue and does not necessarily meet ODOT standards, or put a signal light in which is an issue because of the steep incline. More discussion will be necessary before making a plan.

Mr. Standard noted that Moreland Hills new plow and salt truck is complete and was on display at the Orange Jubilee festival.

Lastly Mr. Stanard advised that Village Engineer had presented the Committee with a list of budgets for Projects planned in 2010.

Mr. Stanard made a motion seconded by Mr. Wortzman to allow the Engineer to advertise for bids for the 2010 Asphalt Pavement Program.

ROLL CALL:
AYES: Wortzman, Buczek, Cooper, Richman, Stanard and Sturgis.
NAYS: None
Motion carried.

Additionally Mr. Stanard noted that the next meeting is scheduled for Monday, June 28th at 7:30 a.m.


Utilities Committee
Mr. Buczek stated the committee had met May 24th and noted that change orders for the Woodland Glens and Quail Hollow forcemain project will be presented to Council later in the meeting.

Mr. Buczek made a motion seconded by Mr. Richman to authorize advertising for bids for the Farwood and Fircrest water main project.

ROLL CALL:
AYES: Wortzman, Buczek, Cooper, Richman, Stanard and Sturgis.
NAYS: None
Motion carried.


Mr. Buczek made a motion seconded by Mr. Stanard to authorize advertising for bids for the Jackson Valley Quail Hollow Woodland Glens conversion to pump stations.

ROLL CALL:
AYES: Wortzman, Buczek, Cooper, Richman, Stanard and Sturgis.
NAYS: None
Motion passed.


ORDINANCES AND RESOLUTIONS

*Ordinance 2010-6 was introduced by Mr. Wortzman. An Ordinance for the payment of the bills in the month of May in the amount of$455,593.85 and declaring an emergency.

Mr. Wortzman noted that many of these items are recurring with principle expenditure being payroll and fringe benefits. Items of interest being Item #41 for the new dump truck and expenditures for new service facility and pump station.

Mr. Wortzman made a motion seconded by Mrs. Cooper to suspend the rules for Ordinance 2010-6.

ROLL CALL:
AYES: Wortzman, Buczek, Cooper, Richman, Stanard and Sturgis.
NAYS: None
Motion carried.


Mr. Wortzman made a motion seconded by Mr. Standard for passage of Ordinance 2010¬6.

Mr. Richman questioned Item #25 and #26 and Mr. Filarski responded that these were charges to cover inspection for the last seven months.

Mrs. Cooper questioned Item #79 for PC Alternatives which covered a computer that had developed issues and needed a new hard drive and motherboard while being outside the warranty.

ROLL CALL:
AYES: Wortzman, Buczek, Cooper, Richman, Stanard and Sturgis.
NAYS: None
Motion carried.


*Ordinance 2010-46. An ordinance enacting a new Chapter 159, Green Commission, of the Codified Ordinances of the Village of Moreland Hills, to establish the commission, responsibilities, and organization of the Village Green Commission and declaring an emergency.

Mr. Stanard advised that this ordinance was established to create an advisory board for green issues. The commission’s focus will be to help the Village understand how sustainability works with energy use, recycling programs and the desire to keep “Greening the Village” whenever possible.

Mr. Stanard made a motion seconded by Mr. Buczek to suspend the rules for Ordinance 2010-46.

ROLL CALL:
AYES: Wortzman, Buczek, Cooper, Richman, Stanard and Sturgis.
NAYS: None
Motion carried.


Mr. Stanard noted that when the Commission was first getting started, there was more garbage going out than recyclables. Since-the recycling containers have been put to use the Village now puts out more recyclables than garbage.

Mr. Stanard made a motion seconded by Mr. Richman for passage of Ordinance 20 I 0-46.

Mr. Wortzman noted that a typo existed in the third paragraph ofthe ordinance.

Mayor Renda commented that the commission grew out of a Planning Committee that started to plan “Greening the Hills” and Mrs. Cooper had been very instrumental in getting it started; her contributions are appreciated. Members of the Green Commission will be appointed at the next Council Meeting.

ROLL CALL:
AYES: Wortzman, Buczek, Cooper, Richman, Stanard and Sturgis.
NAYS: None
Motion carried.


*Ordinance 2010-47 was introduced by Ms. Sturgis. An ordinance authorizing the Mayor to enter into a contract with Aero-Mark, Inc. In an amount not to exceed Ten Thousand Nine Hundred Ninety-Five dollars ($10,995.00) for the 2010 Road Striping program and declaring an emergency.

Ms. Sturgis noted that this is the road striping that had been discussed during the Safety Meeting.

Ms. Sturgis made a motion seconded by Mr. Buczek to suspend the rules for Ordinance 2010-47.

ROLL CALL:
AYES: Wortzman, Buczek, Cooper, Richman, Stanard and Sturgis.
NAYS: None
Motion carried.


Mr. Buczek made a motion seconded by Mr. Richman for passage of Ordinance 2010-47.

A comment was made by Mayor Renda that Chief Flauto went out of his way this year to ask the state to stripe SR91 for the Village as well as asking the city of Solon to stripe Miles Road for us.

ROLL CALL:
AYES: Wortzman, Buczek, Cooper, Richman, Stanard and Sturgis.
NAYS: None
Motion carried.


*Ordinance 2010-48 was introduced by Ms. Sturgis. An ordinance authorizing the Mayor to accept on behalf of the Village of Moreland Hills personal protective equipment provided through an urban area security initiative grant and declaring an emergency.

Ms. Sturgis explained that this ordinance allows safety equipment to be given to the Village in preparation for the pandemic emergency plan. Ms. Sturgis acknowledged that ChiefFlauto worked to get this grant for the Village.

Ms. Sturgis made a motion seconded by Mr. Buczek to suspend the rules for Ordinance 2010-48.

ROLL CALL:
AYES: Wortzman, Buczek, Cooper, Richman, Stanard and Sturgis.
NAYS: None
Motion carried.


Ms. Sturgis made a motion seconded by Mr. Richman for passage of Resolution 2010-48.

ROLL CALL:
AYES: Wortzman, Buczek, Cooper, Richman, Stanard and Sturgis.
NAYS: None
Motion carried.


*Ordinance 2010-49 was introduced by Mr. Wortzman. An Ordinance authorizing the Mayor to enter into a contract with Mam Enterprise LLC DBA URC to conduct a review of utility invoices for the most recent forty-eight month period to assist the Village in obtaining any utility andlor tax refunds or refund credits and declaring an emergency.

Mr. Wortzman commented that this ordinance will help safeguard our monies by auditing our utility invoices to make sure there are no discrepancies.

Mr. Wortzman made a motion seconded by Mr. Stanard to suspend the rules for Ordinance 20 I 0-49.

ROLL CALL:
AYES: Wortzman, Buczek, Cooper, Richman, Stanard and Sturgis.
NAYS: None
Motion carried.


Mr. Wortzman made a motion seconded by Mr. Buczek for passage of Ordinance 2010¬ 49.

ROLL CALL:
AYES: Wortzman, Buczek, Cooper, Riclunan, Stanard and Sturgis.
NAYS: None
Motion carried.


*Ordinance 2010-50 was introduced by Mr. Buczek. An ordinance amending Ordinance No. 2010-21 passed by Village Council on February 18, 2010, which granted a license to Northeastern ITS, LLC for the use of the Village’s right-of-way for the installation and use of conduit and fiber optic cable and authorized the Mayor to enter into a license agreement, to authorize a revised route and installation of a new conduit along a portion of the route and declaring an emergency.

Mr. Buczek made a motion seconded by Mrs. Cooper to suspend the rules for Ordinance 2010-50.

ROLL CALL:
AYES: Wortzman, Buczek, Cooper, Riclunan, Stanard and Sturgis.
NAYS: None
Motion carried.


Mr. Buczek made a motion seconded by Mrs. Cooper for passage of Ordinance 2010-50.

ROLL CALL:
AYES: Wortzman, Buczek, Cooper, Riclunan, Stanard and Sturgis.
NAYS: None
Motion carried.


*Ordinance 2010-51 was introduced by Mr. Buczek. An ordinance authorizing Change Order No. 2 with Terrace Construction Company, Inc. for the Quail Hollow and Woodland Glen Pump Station Forcemain Project and declaring an emergency.

Mr. Buczek made a motion seconded by Ms. Sturgis to suspend the ruIes for Ordinance 2010-51.

ROLL CALL:
AYES: Wortzman, Buczek, Cooper, Riclunan, Stanard and Sturgis.
NAYS: None
Motion carried.


Mr. Buczek commented on the notation of the engineers was that the forcemain pipes needed to go from 14″ to 16″. Cost increase was due to material and installation cost.

Mr. Buczek made a motion seconded by Mrs. Cooper for passage of Ordinance 2010-51.

ROLL CALL:
AYES: Wortzman, Buczek, Cooper, Richman, Stanard and Sturgis.
NAYS: None
Motion carried.


*Ordinance 2010-52 was introduced by Mr. Buczek. An ordinance authorizing Change Order No. 3 with Terrace Construction Company, Inc. for the Quail Hollow and Woodland Glen Pump Station ForceMain Project and declaring an emergency.

Mr. Buczek made a motion seconded by Mr. Stanard to suspend the rules for Ordinance 2010-52.

ROLL CALL:
AYES: Wortzman, Buczek, Cooper, Richman, Stanard and Sturgis.
NAYS: None
Motion carried.


Mr. Buczek commented that the contractor was unable to install the 16″ forcemain by directional drilling because of the stones encountered in the soil. The cost is being split 60/40 with Pepper Pike. The forcemain passed testing today.

Mr. Buczek made a motion seconded by Ms. Sturgis for passage of Ordinance 2010-52.

ROLL CALL:
AYES: Wortzman, Buczek, Cooper, Richman, Stanard and Sturgis.
NAYS: None
Motion carried.


*Ordinance 2010-53 was introduced by Mr. Wortzman. An ordinance providing additional appropriations, transferring items already appropriated and declaring an emergency.

Mr. Wortzman noted that the transfers were for the new service facility.

Mr. Wortzman made a motion seconded by Mr. Stanard to suspend the rules for Ordinance 2010-53.

ROLL CALL:
AYES: Wortzman, Buczek, Cooper, Richman, Stanard and Sturgis.
NAYS: None
Motion carried.


Mr. Wortzman made a motion seconded by Ms. Sturgis for passage of Ordinance 2010¬ 53.

ROLL CALL:
AYES: Wortzman, Buczek, Cooper, Richman, Stanard and Sturgis.
NAYS: None
Motion carried.


Ordinance 2010-54 was introduced by Mrs. Cooper. An ordinance amending existing section 1127.021, residential, open space conservation district, of Chapter 1127 of the Codified Ordinances of the Village of Moreland Hills, to authorize as conditional uses in the District, recreational space and facilities used by not -for-profit, govermnental, or similar entities, dedicated to preserving, maintaining, and managing open space in the district.

Mrs. Cooper explained that this ordinance pertains only to the U4 zoning district which is the Open Space Conservation District. Currently permitted use in this area allows for environmentally sensitive residential development. The proposed changes would allow Council, on the recommendation of Planning Commission, to approve conditional use permits for non-profit and govermnental organizations involved in land conservation and maintenance. This ordinance will provide the opportunity to work with the land conservatory and, possibly, other non-profit entities.

A motion was made by Mrs. Cooper seconded by Ms. Sturgis to put Ordinance 2010-54 on First Reading.

ROLL CALL:
AYES: Wortzman, Buczek, Cooper, Richman, Stanard and Sturgis.
NAYS: None
Motion carried.


Law Director Cannon explained to Council that they must refer this ordinance to the Planning Commission for their consideration and comment and that Council needs to hold a public hearing after putting notice at least once in a newspaper in the Municipality not less than thirty (30) days before the Public Hearing. Mrs. Cooper made a motion seconded by Ms. Sturgis to forward this legislation to the Planning Commission for their review and to set a Public Hearing date for July 14th at 7:00 p.m. with an alternate date of July 220d at 7:00 p.m. if the original date needs to be cancelled.

ROLL CALL:
AYES: Wortzman, Buczek, Cooper, Richman, Stanard and Sturgis.
NAYS: None
Motion carried.


Miscellaneous Business

Mayor Renda welcomed Boy Scout Lincoln who was attending Council Meeting to earn a Merit Badge. Mr. Richman reflected that after being Council President for six months it’s been a pleasure to serve with the hard working members of Council. He also noted that the Orange Library was to receive funds for renovations but not for expansion. He encouraged members to go to the Library’s website and support funding toward expansion. Mayor Renda responded that it was a complicated issue and both sides should be reviewed before making a decision.

A motion was made by Mr. Buczek seconded by Ms. Cooper to adjourn the meeting.

ROLL CALL:
AYES: Wortzman, Buczek, Cooper, Richman, Stanard and Sturgis.
NAYS: None
Motion carried


EXHIBIT A PROPOSED AMENDMENT TO SECTION 1127.021, RESIDENTIAL OPEN SPACE CONSERVATION DISTRICT, OF CHAPTER 1127 OF THE CODIFIED ORDINANCES OF THE VILLAGE OF MORELAND HILLS

A majority affirmative vote is necessary for passage. New text is shown in boldface print. Deleted text is shown in strikethrough print.

Shall Section 1127.021, Residential Open Space Conservation District, of Chapter 1127 of the Codified Ordinances ofthe Village of Moreland Hills be amended to read as follows, effective January 1,2011: 1127.021 RESIDENTIAL OPEN SPACE CONSERVATION DISTRICT.

(a) Purpose. The purpose of this district is to encourage environmentally sensitive residential development and other harmonious conditional uses enumerated herein in those portions of the community impacted by severe development constraints, including, but not limited to, severe slopes, unstable soils, wetlands, natural drainage courses, sensitive environments and floodplains. Development under the provisions of these regulations contributes to improved air quality, improve water quality, and enhanced biological diversity compared to development under traditional practices by enabling less soil exposure, less erosion, less sedimentation of natural drainage courses, and less disturbance of vegetation and sensitive environmental features. In doing so, these regulations contribute to the health, safety, and welfare of existing and future residents.
(b) Permitted Uses. The following uses are permitted in the Residential Open Space Conservation District:
(1) Single family detached residential uses.
(2) Accessory uses as enumerated in subsection (e) hereof.

(c) Applicability. The U-4 Residential Open Space Conservation District applies to parcels of ten (10) contiguous acres or larger as identified on the Official Zoning Map. Such land area may be in either single or multiple-ownership. When evaluated as a single development unit, the project must possess the severe natural development constraints listed below which, in combination, involve at least thirty percent (30%) of its gross area, but no more than seventy-five percent (75%) of its gross area. Site characteristics and development constraints will be confirmed by the Village Engineer:
(1) Severe slope (slope gradient in excess of thirty percent (30%».
(2) Wetlands and/or surface water features.
(3) Unstable soils (soil groups possessing severe hazards due to slippage for shallow excavations, dwellings with or without basements, and local roads, as listed in Table 8 of the U.S. Dept. of Agriculture, Soil Conservation Service “Soil Survey of Cuyahoga County”, Dec., 1980).
(4) Parcels developed under these regulations must be provided with central sewer service.

(d) Design Criteria.
{C0054712.7 } 3)
highway and no private stable shall be located nearer than 150 feet to any property line. No corral shall be located within 50 feet of a property line.
(9) No private stable or corral shall be located nearer than 150 feet to any habitable dwelling.
(l0) No house, shed, pen, or enclosure for the keeping of pigs or hogs shall be located within 200 feet of any public way or within 500 feet of any dwelling house.

(f) Signs. Regulation of signs in the Residential Open Space Conservation District shall be pursuant to the provision of Chapter 1325.

(g) Storage of Vehicles. All commercial vehicles, horse trailers, house trailers, recreation vehicles and boats shall be parked or stored in an enclosed building or garage or parked behind the rear foundation line of the dwelling in any Residential Open Space Conservation District and be screened from view of the street and adjacent properties by shrubbery or fencing.

(h) Lot Coverage Restrictions. The area covered by all buildings and impervious surfaces shall not exceed fifty percent (50%) of the total lot area.

(i) Home Occupation Permit. The Plarming Commission may issue a Home Occupation Permit, allowing the use of a customary home occupation in a dwelling in the Residential Open Space Conservation District subject to the process and conditions specified in Section 1127.02(h).

(j) Conditional Uses. The following conditional uses are permitted in the Residential Open Space Conservation District upon the recommendation of the Planning Commission and approval by Village Council, in accordance with all applicable Village Code requirements, and the issuance of a Conditional Use Certificate:
(1) Recreational space, including recreation areas, hiking trails, and similar facilities.
(2) Facilities used by not-for-profit, governmental, or similar entities, dedicated to open space maintenance, preservation, education, and management, which are architecturally and aesthetically compatible with the District.

(k) Conditional Use Procedure. The Planning Commission shall review each application for a conditional use, which application shall contain the following information:
(1) A statement in writing by the applicant describing the proposed use.
(2) A site plan of the proposed use identifying the location of all proposed uses, areas, and facilities.
(3) A landscape plan showing all existing and proposed landscaping.
(4) Other information as may be required by the Planning Commission.

In recommending a conditional use, the Planning Commission may attach conditions as it may deem necessary to assure compliance with the objectives of the Zoning Code. The Planning Commission after hearing shall make its recommendation on the applicant’s request for a Conditional Use Certificate to Village Council. After reviewing the Plannin Commission’s recommendation, Council rna confirm, amend, or reverse the {C0054712.7 } 5


SPECIAL COUNCIL MEETING 
JUNE 9, 2010 MINUTES

The Special Council Meeting of the Village ofMoreland Hills was called to order by Mayor Renda at 6:00p.m. PRESENT AT ROLL CALL: Mr. Wortzman, Mr. Buczek, Mrs. Cooper, Mr. Richman, Ms. Sturgis. Ms. Sturgis made a motion seconded by Mr. Wortzman to go into Executive Session to discuss pending litigation and the acquisition and disposition of public property.

ROLL CALL: Mr. Wortzman, Mr. Buczek, Mrs. Cooper, Mr. Richman, Ms. Sturgis.
Motion carried.
Mr. Stanard arrived at 6:20 p.m.
Mr. Stanard made amotion seconded by Mr. Buczek to adjourn the June 2, 2010 executive session at 7:05 p.m.

ROLL CALL: Mr. Wortzman, Mr. Buczek, Mrs. Cooper, Mr. Richman, Mr. Stanard, Ms. Sturgis.
Motion carried.



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