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Council Meeting Minutes - July 11, 2012


The Council meeting was called to order at 7:00 p.m. by Mayor Renda.

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

Also Present: Mr. DeWater, Service Director; Mr. Filarski, Village Engineer; Tom Flauto, Chief of Police; Margaret Cannon, Law Director.


The Mayor announced that Law Director, Margaret Cannon, will be serving as Clerk of Council Pro Tem for purposes of this meeting.


PUBLIC HEARINGS

Mayor Renda opened the Public Hearing for 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, and submitting the proposed change to the electors of Moreland Hills at 7:05.

Mrs. Cannon explained that this Ordinance was placed on first reading and referred to Planning Commission on May 9, 2012. It was discussed at Planning Commission on May 21 and recommended to Council. It was placed on second reading on June 13. This Public Hearing fulfills the requirements of the Charter for proposed zoning changes.

Mayor Renda asked for comments or questions. There being none, she closed the Public Hearing at 7:10.

Mr. Richman made a motion seconded by Ms. Sturgis to approve the minutes from May 21, 2012 Special Council Meeting as corrected.

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


Mr. Buczek made a motion seconded by Mrs. Cooper to approve the minutes from the June 13, 2012 Regular Council meeting as corrected.

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


REPORT FROM THE MAYOR

Mayor Renda reported that the Village now owns the BP station. The asbestos has been removed and the building will be torn down soon. All materials will be recycled. Mr. Hartt has submitted a new proposal for finishing the zoning code. Mayor Renda shared the proposal with Council members. The Cleveland Food Bank sent a thank you note to the Village for their participation in the May food drive. Mayor Renda shared the note with Council members.


REPORTS OF COMMITTEES

Roads and Safety:
Ms. Sturgis stated that the committee met on June 25. The police radios have been installed and are operational. Rapid response training is on-going. The Police Department is reviewing candidates to replace a part-time officer who left. The 2012 asphalt program will begin soon. The 2012 culvert program will be bid soon. The repairs to the wall at Wiley Creek and Trolley Trail will be done by the County. The Service Department has completed repairs to the trails in Forest Ridge. Service Employees will need to take ODOT training over the next few years. The expense will be about $1500 per employee. The next meeting will be on July 23 at 7:30 a.m.


Facilities:
Mr. Buczek stated that the committee met on June 25. He reported that the flat roof on Village Hall needs to be repaired at a cost of $2400. The salt barn roof will need to be replaced next year. The estimate was about $30,000. All three wastewater treatment plants are now off-line. The tanks are being converted to wet-weather storage tanks. The next meeting is July 23 at 8:00 a.m. Mr. Richman asked about the replacement of the Winterberry water main line. Mr. Filarski is completing paperwork and believes it will be eligible for replacement.


Planning Commission:
Mrs. Cooper reported that Planning Commission met on June 25. The Western Reserve Land Conservancy presented a proposed landscaping plan which “tweaked” the original plan. The Commission approved the landscaping plan including the removal of six diseased trees. WRLC will return to Planning Commission to further discuss permanent signs, the existing gravel drive removal, the removal of three additional parking spaces, a proposed second driveway with gate off Chagrin River Road, and the lighting for landscaping and parking. The Commission also approved a one-sided temporary sign 36 inches by 24 inches to be located on the right side of the main driveway. It will display their logo and contact information.


APPROVALS OF BONDS, CONTRACTS, PLATS, ETC.

Mr. and Mrs. Lazzaro
15 West Juniper
Fence-Height Variance

Mrs. Cooper explained that the Planning Commission recommended the fence-height variance for a six-foot high board-on-board fence for the side of the property along SOM Center Road. The fence will be 43 feet from SOM Center Rd. and will be set in the tree line. There are two nearby properties that have similar fences of the same height. Planning Commission recommended the variance for the following reasons: 1) the adjacent properties have similar fences, 2) the proposed fence would be partially hidden in the tree line, and 3) the fence would address safety concerns for young children playing in the yard. The Commission concluded that the variance is not substantial, the proposed fence would not change the character of the neighborhood, and the spirit and intent of the Zoning Code would be observed by granting the variance.

Mrs. Cooper made a motion seconded by Mr. Fritz to approve a variance for the installation and construction of a six-foot high fence, 200 feet long, approximately 104 feet which would require a one-foot height variance and approximately 96 feet which would require a two-foot height variance, in accordance with the plans on file with the Building Inspector.

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


Mr. and Mrs. Blaushield
3780 Chagrin River Road
Side Yard Variance

Mrs. Cooper stated that the Blaushield’s want to enhance the master suite. They need an eight-foot side yard variance. The requested variance is on the side of the house abutting the property that the Village is currently leasing and will eventually purchase as park land. There is an existing landscaping buffer between the two properties. The Commission concluded that the requested variance was not substantial and would not have an impact on neighboring properties, and is consistent with the spirit and intent of the Zoning Code. Therefore, they recommended the eight-foot side yard variance.

Mrs. Cooper made a motion seconded by Mr. Buczek to approve an eight-foot side yard variance at 3780 Chagrin River Road for the construction of a master suite addition.

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


Mostow / Feng / Naas
Manderly Lane
Lot Split and Consolidation

This lot split came before Planning Commission in 2011 and the Commission recommended approval of the Lot Split and Consolidation at that time. However, it was not presented to Council for final approval at that time. The owners would now like approval of the lot split. Mr. King, attorney for the owners explained that they have agreed to exchange land to smooth out the border lines. All parcels will continue to be conforming lots.

Mrs. Cooper made a motion seconded by Mr. Fritz to approve the lot split and consolidation at Manderly Lane.

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


ORDINANCES AND RESOLUTIONS:

Ordinance 2012-21 was introduced by Mrs. Cooper.
An Ordinance 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. (Third Reading).

Mrs. Cannon stated that after the Public Hearing at the June Council meeting, the Ordinance that was placed on second reading was amended to adopt all sections of the Zoning Code except Section 1171.19, Solar Regulations. That section will be reserved pending further discussions by Council.

Mrs. Cooper made a motion seconded by Mr. Richman for passage of Ordinance 2012-21.

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


Ordinance 2012-52 was introduced by Mrs. Cooper.
An ordinance 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. (Third Reading).

Mrs. Cooper made a motion seconded by Mr. Fritz for passage of Ordinance 2012-52.

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


Ordinance 2012-58 was introduced by Mr. Buczek.
An Ordinance increasing the special water line rent charge established in 1997; and declaring an emergency.

Mr. Buczek explained that the charge would be increased from $14.00 per year to $16.00 per year. The recommendation for this increase came from the Treasurer because the City of Cleveland has increased its charge to the Village and because the Village has been subsidizing these expenses for years from the general fund.

Mr. Buczek made a motion seconded by Mr. Fritz for suspension of the rules for Ordinance 2012-58.

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


Mr. Buczek made a motion seconded by Mrs. Cooper for passage of Ordinance 2012-58.

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


Ordinance 2012-59 was introduced by Mr. Wortzman.
An ordinance providing additional appropriations, transferring items already appropriated and declaring an emergency.

Mr. Wortzman made a motion seconded by Ms. Sturgis for suspension of the rules for Ordinance 2012-59.

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


Mr. Wortzman made a motion seconded by Ms. Sturgis for passage of Ordinance 2012-59.

Mr. Richman asked about three amendments to current appropriations: Engineering Studies, OBES and Contracts for Land and Buildings. Mr. Filarski stated that he would send a memo to Council on the increases in Engineering Studies. The OBES charges stem from the fact that two employees are currently receiving unemployment benefits, a charge that was not anticipated in the original budget. The Land and Buildings increases stem from painting in the Police Department and charges to tear down the BP station.


MISCELLANEOUS BUSINESS:

Ms. Judy Rosman, 40 N. Strawberry Lane asked if Council would be discussing the Solar Regulations at the August Committee of the Whole meeting. Mayor Renda explained that the Zoning Committee, made up of Planning Commission members and Council members would meet soon to discuss the issue. She stated that the Village had not yet found an expert to help develop the regulations. Ms. Rosman stated that she would like to be notified of the meeting date. Mayor Renda agreed that someone would contact her.

Mr. Fritz stated that many people in his neighborhood are ecstatic about the BP station being torn down, especially since the clean-up costs were absorbed by the owner and the costs to tear down the building are so low because all the materials will be recycled. He also complimented the Police Department on their responsiveness to complaints in his neighborhood.

Mr. Richman complimented CEI on their responsiveness in a recent outage.

Mayor Renda updated Council on OME-RESA. The renewal date is now January 1. Mayor Renda gave notice on June 30 that the Village will leave OME-RESA at the end of the year.

Mr. Buczek made a motion seconded by Mr. Richman to adjourn the meeting at 8:00 p.m.

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


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

Attest:
Margaret Cannon, Clerk of Council Pro Tem
Steve Richman, Council President



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