Council Meeting Minutes - June 13, 2012

The Council Meeting of the Village of Moreland Hills was called to order by Mayor Susan Renda at 7:05 p.m.

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

ALSO PRESENT: Mayor Susan Renda, Law Director Margaret Cannon, Assistant Law Director Rebecca Schaltenbrand, Village Engineer Jeff Filarski, Building Commissioner Greg Potts, Service Department Director Ted DeWater and Police Chief Tom Flauto.


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

There was not a quorum present of members who attended the May 21, 2012 Special Council Meeting so passage of the minutes was tabled.


PUBLIC HEARINGS

Mayor Renda opened the Public Hearing for Rodney Wilson, Sunoco Station. UHaul Sales/Rental Use Variance. Chapter 1127.03(c)(3) at 7:12 p.m.

Assistant Law Director Rebecca Schaltenbrand addressed the audience, explaining that Mr. Wilson asked for a Use Variance at the April Planning Commission meeting. Planning Commission members recommended the Use Variance under the following conditions:

1. No more than one U-Haul truck and no more than one U-Haul trailer will be parked and stored at the Sunoco Station for rent.
2. The one authorized truck and one authorized trailer will be parked on the south side of the property.
3. Any trucks and trailers, in addition to the one authorized truck and one authorized trailer, that are dropped off at the site after regular business hours, will be removed from the property within 5 hours of the regular business opening hours of the Sunoco Station. This requirement does not apply to trucks and trailers that are being repaired by the Sunoco Station and stored in accordance with the Village’s zoning requirements.
4. No signs will be displayed in the trucks and no temporary signs advertising U-Haul will be placed in the yard. All other signs will comply with the Village’s sign ordinances.
5. No outside display or sales of U-Haul products other than the one authorized U-Haul truck and one authorized U-Haul trailer will occur on the property.
6. No other motor vehicle rentals or sales will occur on the property.
7. U-Haul rental use is not permitted in the absence of the service station.

Ms. Schaltenbrand further explained that the Public Hearing was being held to conform to Village Charter requirements and to allow any interested person to be heard with respect to the Use Variance.

Mayor Renda asked for comments or questions. There being none, she closed the Public Hearing at 7:20.

Mayor Renda opened the Public Hearing for 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 and repealing existing titles one, three, and five of part eleven, Planning and Zoning Code at 7:20.

Mr. David Hartt, Zoning Consultant, addressed the audience regarding the proposed changes to the existing Zoning Code. He explained that the purpose of the rewrite was to reinforce basic, long-standing community objectives. Thus there were no changes to the zoning map . The proposed revisions would eliminate inconsistencies, conflicts and difficult interpretation issues. Another goal of the proposed changes is to make the code legally sound. Finally, the proposed new code incorporates relevant best practices in organization, conditional uses, etc.

Law Director Margaret Cannon addressed the audience and stated that the issue that has generated the most discussion is the issue of solar panels. This issue, while important, is a very small part of the entire proposed new zoning code. Mrs. Canon stated that she would first address some of the concerns that have arisen and then discuss how Council plans to proceed.

One issue is the perception that the proposed regulations are more restrictive than those in comparable communities. She stated that the Law Department researched ordinances in other communities to the best of their ability. She further explained that it is a fundamental principle of zoning that if something is not permitted it is prohibited. Their research indicated that there are many communities that have regulations that are at least as restrictive as those proposed in the Village. Furthermore, since many codes are silent on the issue, it can be assumed that solar panels are not permitted in those communities.

Second, in the course of the research it became clear that solar panel installation could require removal of a significant number of trees because the shade on the panels impacts the efficacy of the panels. The preservation of Village tree cover is one of our core values partly because of the aesthetic value in preserving the semi-rural nature of the Village and partly because they are critical to the stability of our hillside slopes. Thus, the Law Department proposed additions to the solar panel regulations that would require consideration of the tree removal, if any, as a consideration in the installation of solar panels.

Third, the Law Department learned in conducting the research of the other issues that there is a growing body of literature that questions the fire safety of solar panel installations. The concerns arise from the fact that solar panels remain energized even after the power supply to the street has been cut.

The concerns that have developed have led the Law Department to make two recommendations to the Village. First, the Public Hearing should be divided into two parts: 1) those who have questions or concerns on the proposed changes that are not related to solar panels and 2) those who have questions or concerns about the solar panel regulations. The second recommendation is that if there are no significant issues with the amendments not relating to solar panels, Council should adopt all of the amendments except those related to solar panels at the July Council meeting and that Council defer for further consideration the issues regarding solar panels.

Mayor Renda asked that each person addressing Council state their name and address and limit their comments to two minutes. She then asked if any member of the audience has questions about the proposed changes that are not related to solar panels.

Ron Janke – 105 Easton Lane—Q: if existing structures that comply with the current code will be forced to change under the new code. A: they would be entitled to continue as non-conforming structures/ as long they make no major changes to the structure.

Bill Truax – 25 Easton Lane –Q: is there a change in the proposed code regarding the limitation of number or square footage of outbuildings. A: no.

Mayor Renda then opened to floor to those with questions or concerns about solar regulations.

Evan Voglebaum – 40 N. Strawberry Lane – represents all children who want a healthy planet and a healthy future and advocates the use of solar panels.

Hilary Vogelbaum – 40 N. Strawberry Lane – is concerned about global warming and advocates use of solar panels.

Mike Voglebaum – 40 N. Strawberry Lane – questions research done by Law Department and questions conditional use permit process; asserts that the conditional use process is over-regulation.

Gary Bergstrom – 191 Miles Road – opposes considering aesthetics, referred to existing tree-cutting ordinance; doesn’t believe fire safety issue is a concern given the solar panel technology .

Jeffrey Sherwin – 143 South Strawberry Lane – solar energy is wave of future; country is overly dependent on fossil fuels; existing skylights are no more unsightly than solar panels.

Stefanie Spear – 5 Skyline Drive – states that proposed regulations puts aesthetics ahead of what is most important: reducing reliance on coal; shows that the members who vote on this legislation do not believe that our planet is at risk from carbon dioxide emissions; discussed increased cancer rates and premature deaths related to coal.

David Hochman – 50 N. Strawberry – neighbor of Rosman/Vogelbaum; support their project; supports use of solar panels and progressive regulation.

Connie Sancetta – 3988 Wiltshire – in favor of putting solar panels anywhere on the house; wants to protect trees.

Timea Turoczi – 10 Skyline Drive – Q: Mr. Fritz how many solar panel fires have you attended; A: zero.

Sam Steinhouse – 75 Winterberry Lane – stated Village is outstanding among peers in being green; cited green space, elimination of three wastewater treatment plants; challenge is to balance rural character of Moreland Hills and front-facing solar panels.

Janice Larson — 55 Skyline Drive –entire roof of her home can be seen from road; is concerned she would not be permitted to install solar.

Nancy Sherwin — 20 N. Strawberry Lane – pointed out that there are alternative installation methods rather than roof only; supports not being able to see panels from street because there are other options; asserted that technology is changing rapidly.

Samantha Spear – 5 Skyline Drive – is concerned about the subjective nature of aesthetic judgments.

Tom Begam – 30 N. Strawberry Lane – supports the Vogelbaum family and their project.

Bill Truax – 25 Easton Lane – advocates considering new technology; solar shingles have little visual impact.

Howard Kasdan – 140 Skyline Drive – Q: has there been a poll taken about the issue; A: no; the Mayor will write a newsletter explaining the issue to the residents.

Ida Kasdan – 140 Skyline Drive – asserts property values increase with use of solar panels.

Judy Rosman – 40 N. Strawberry Lane – urges promoting environmental protection; ability to use solar panel freely is important for many reasons; urges placement of solar panels based on efficiency, not aesthetics.


Law Director Margaret Cannon read the following letters into the record:

Mr. and Mrs. Tom Davis – 36 Fox Glen Rd. – supportive of solar panels; feels that they should be reviewed for aesthetics, safety and placement.

Mr. Richard Spivak – advocates optimal positioning of solar panels and forward-looking regulations.

Bruce and Sarah Alexander – 173 S. Strawberry Lane – opposed to installing solar panels on street-facing roofs; are concerned about effect on property values;

Benjamin Richman, M.D. 245 Meadowood Lane. – opposed to installing solar panels on street-facing roofs; concerned about disturbing the beauty and serenity of the neighborhood.

Ellen Richman,– 245 Meadowood Lane – opposed to restrictions on placement of solar panels.


Law Director Margaret Cannon explained that the regulations as currently proposed would require the homeowner to go through the Conditional Use Permit process if:

The panels were visible from the street;

The panels extend beyond the roofline;

Tree removal is required for installation.


Mayor Renda explained the Conditional Use process. An applicant would have to go to Planning Commission with a picture of the property, an inventory of the number and size of the trees to be removed, and an explanation of why the proposed location is necessary and what landscaping may be used to soften the appearance of the property if trees are removed. The applicant would have to go to a Council meeting approximately two weeks later to present the same material and ask for a Conditional Use Permit.

Mayor Renda declared the Public Hearing closed at 7:55 p.m.


REPORTS AND COMMUNICATIONS FROM THE MAYOR

Mayor Renda wished Mr. Potts a happy birthday. She reported the Cuyahoga Library System will build a new library on Orange School property near the Senior Center. She stated that Ohio will release $62 million in Clean Ohio funds. She asked Mr. Filarski to update Council on the JQW project. He reported that Jackson Valley and Woodland Glen Wastewater Treatment Plants were off line. Therefore, about 200,000 gallons of treated effluent were no longer flowing into the Chagrin River which is very environmentally friendly. Furthermore, there is an 80% reduction in electrical needs and the associated carbon footprint.


REPORTS OF COMMITTEES

Mayor Renda asked that Committee Reports not be given this evening so that those who were waiting for a Variance request, a Use Permit or a Lot Split could be heard without delay.


APPROVAL OF BONDS, CONTRACTS, PLATS, ETC.

Dr. and Mrs. Hurst
37105 Miles Road
Variance to Permit Modification of a Non-Conforming Structure

Mayor Renda introduced Mr. Kawalek and indicated that he is the Village Architect. However, he will not be acting in that capacity with this project/variance request. Mr. Kawalek then introduced Dr. and Mrs. Hurst. He stated that in compliance with the Planning Commission’s request, Dr. and Mrs. Hurst submitted a letter which Law Director Margaret Cannon read into the record. It stated that Dr. and Mrs. Hurst plan to use the back house for family members.

Mrs. Cooper, Planning Chair, stated that the proposal is for an addition to a legal non-conforming structure and provides for modification in such a way that extends the non-conforming structure and does not bring it into compliance with all zoning requirements. Thus a variance is needed. The Commission discussed practical difficulties. It was determined that this is a unique situation, the property would be improved by the addition, and the addition will not affect any surrounding properties given the size of the lot and the location of the structure.

Mr. Buczek made a motion seconded by Mrs. Cooper for approval of the variance to permit modification of a non-conforming structure at 37105 Miles Road.

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


WRLC/FRQLLC
3850 Chagrin River Road
Lot Split

Mrs. Cooper stated that Planning Commission recommended this lot split at the May meeting. This lot split separates the office parcel from the land that will be sold to the Village referred to as the Preserve Addition in the Conditional Use Permit. The lot split and eventual sale are required by the Conditional Use Permit granted by the Village. Mr. Filarski recommends approval.

Mrs. Cooper made a motion seconded by Mr. Buczek to approve the lot split at 3850 Chagrin River Road subject to easement approval by the Village Engineer and the Village Law Department.

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


VILLAGE OF MORELAND HILLS
34000 Hiram Trail
Lot Split

Mrs. Cooper reported that this lot split is requested by the Village of Moreland Hills which owns the property. The Village will sell the smaller parcel which will be marketed for residential use. It meets all area and frontage requirements.

Mrs. Cooper made a motion seconded by Mr. Fritz to approve the lot split at 34000 Hiram Trail.

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


Rodney Wilson, Sunoco Station
34180 Chagrin Blvd.
Use Variance: UHaul Sales/Rental

Mrs. Cooper stated that Ms. Schaltenbrand read the conditions of the Use Variance at the Public Hearing. Planning Commission recommended the Use Variance based on those seven conditions.

Mrs. Cooper made a motion seconded by Mr. Wortzman to approve the Use Variance based on the seven conditions which were spelled out during the Public Hearing.

ROLL CALL:
AYES: Mr. Buczek, Mrs. Cooper, Mr. Fritz, Ms. Sturgis, Mr. Wortzman.
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. (Second Reading).

Mr. Buczek made a motion seconded by Ms. Sturgis to amend Ordinance 2012-21 to provide for the adoption of all sections at the July Council meeting except for the one relating to solar panels which would be placed on pending for further discussion.

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


Mrs. Cooper made a motion seconded by Mr. Buczek to place Ordinance 2012-21 on second reading as amended.

ROLL CALL:
AYES: Mr. Buczek, Mrs. Cooper, Mr. Fritz, Ms. Sturgis, Mr. Wortzman.
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. (Second Reading).

Mrs. Cooper stated that this ordinance was introduced on May 9. On May 21 Planning Commission considered the ordinance and recommended it to Council. There will be a Public Hearing regarding this ordinance on July 11at the Council meeting.

Mrs. Cooper made a motion seconded by Ms. Sturgis to place Ordinance 2012-52 on second reading.

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


Ordinance 2012-53 was introduced by Mr. Buczek.
An ordinance authorizing Western Reserve Land Conservancy to hold a Garden Club of Cleveland special event at the Office Property and declaring an emergency.

Mr. Buczek explained that this event would be outside what is allowed in the WRLC Conditional Use Permit as there will be up to 75 people at a reception.

Mr. Buczek made a motion seconded by Mrs. Cooper for suspension of the rules for Ordinance 2012-53.

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


Mr. Buczek made a motion seconded by Mr. Wortzman for passage of Ordinance 2012-53.

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


Ordinance 2012-54 was introduced by Ms. Sturgis.
An ordinance authorizing the Mayor to enter into a contract with Specialized Construction, Inc. in an amount not to exceed three hundred and four thousand four hundred seventy-three dollars ($304,473.00) for the 2012 Asphalt Pavement Maintenance Program and declaring an emergency.

Ms. Sturgis explained that Specialized Construction submitted the lowest and best bid for this project.

Ms. Sturgis made a motion seconded by Mr. Buczek for suspension of the rules for Ordinance 2012-54.

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


Ms. Sturgis made a motion seconded by Mr. Buczek for passage of Ordinance 2012-54.

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


Ordinance 2012-55 was introduced by Ms. Sturgis.
An ordinance exempting the Cowboy Mounted Shooting Event, hosted by the Cowboy Mounted Shooting Association and Northern Ohio Outlaws, from certain codified ordinances and declaring an emergency.

Ms. Sturgis explained that this is an international organization that engages in competition for a sport that involves both equestrian skills and marksmanship. They would like to hold their event at the Polo Fields that are in Moreland Hills.

Ms. Sturgis made a motion seconded by Mrs. Cooper for suspension of the rules for Ordinance 2012-55.

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


Ms. Sturgis made a motion seconded by Mr. Buczek for passage of Ordinance 2012-55.

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


Ordinance 2012-56 was introduced by Mr. Wortzman.
An ordinance providing additional appropriations, transferring items already appropriated and declaring an emergency.

Mr. Wortzman explained that this is a monthly financial housekeeping item. The largest of the transfers are the Police and Fire Levy and the Wastewater Treatment Plant fund. Mr. Wortzman made a motion seconded by Mrs. Cooper for suspension of the rules for Ordinance 2012-56.

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


Mr. Wortzman made a motion seconded by Mr. Buczek for passage of Ordinance 2012-56.


Resolution 2012-57 was introduced by Mr. Wortzman.
A resolution adopting the Alternative Tax Budget of the Village of Moreland Hills for the Fiscal Year 2013 and declaring an emergency.

Mr. Wortzman pointed out that the year stated in the title is incorrect. Mr. Buczek then pointed out that the years stated in the Whereas Clauses are also incorrect. Mr. Wortzman explained that the Village submits and alternative tax budget to the County annually.

Mr. Wortzman made a motion seconded by Ms. Sturgis for suspension of the rules for Ordinance 2012-57 as corrected.

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


Mr. Wortzman made a motion seconded by Mr. Buczek for passage of Ordinance 2012-57 as corrected.

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


Miscellaneous Business

There was no miscellaneous business by any Council member.

Mrs. Truax complimented Council and the Mayor on how things are being conducted decently and in order.

Law Director Margaret Cannon announced she will be out of the country from June 19 through July 7.

Mr. Buczek made a motion seconded by Mr. Wortzman to adjourn the meeting at 9:00 p.m.

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


ATTEST:
Rebecca Schaltenbrand
Clerk of Council Pro Tem 

Steve Richman
President of Council