CALLING ALL (COMMUNITY) GARDENERS

The Highland Heights Community Gardens are here.
 
It’s been three long years, according to Noreen Paradise of the Highland Heights Garden Club, but the Community Gardens have finally become a reality. The 36 garden plots (some of which are handicap accessible) are scheduled to officially open June 9th.


There are still a few garden plots available. They are in a very sunny location, behind the gazebo that was erected last fall on the new Highland Road municipal green space.
The plots are a perfect size---large enough for planting a variety of flowers, herbs and vegetables, but small enough to easily maintain.


Best of all, Highland Heights Garden Club members will be available to offer advice, support and assistance to residents who, unlike club members, may suffer from a lack of green thumbs.



Residents interested in reserving a plot (for $18) should contact the Garden Club by sending an email to HHGardenClub@hotmail.com or calling (440) 667-7564.

As an added bonus, all community gardeners will receive a coupon for a free pizza dough ball, courtesy of DiStefano’s, Highland Heights’ own Italian deli/bakery (located near the Bishop and Highland Road intersection).


Gardeners will be able to redeem their coupons during “Pizza Week,” August 19-25, when locally-grown tomatoes should be ripe and delicious.

SPEAKING OF THE GAZEBO...

It was Lions Club generosity that led to the erection of the new city gazebo. The Club celebrated its 50th anniversary last year by donating $5,000 to the city for that purpose.


Unfortunately the construction job has left something to be desired. There are holes in some of the gazebo’s overhang coverings, and some of those coverings have also buckled and/or do not lay flat. In addition, at least one decorative spindle panel is either bowed or not properly squared.


Brian Mader, of the city engineer’s office, didn’t mention any of those issues last week. In fact, he reported to Council that,

“The (gazebo) project is essentially complete. They (the contractor) are on notice about reseeding. There is one other small item on their punch list.”

Of further concern is that fact that the company who won the contract to build the gazebo (Monarch Construction) also received an above-estimate contract to construct the new party barn pavilion in the park.

That project is far behind schedule---so far, in fact, that the city engineer’s office hasn’t yet reached the point of developing a final “punch list” for the project.

When that time comes, Mader would be wise to ask Park & Recreation Committee members to join him on his walk-through.
Given what’s happened with the gazebo, their assistance (and extra pairs of eyes) may be needed to ensure that the new park party barn looks every bit as good as the  $117,000+ the city spent to build it.
http://www.highlandhts.com/docs/city_council/minutes/2011/09-13-11_council_minutes.htm



THE CATALANO’S/MEGA GETGO LOT SPLIT

In my last blog posting I questioned the Planning & Zoning Commission’s (P&Z) decision to grant formal “preliminary approval” to a lot split proposed by developer Lance Osborne in connection with his proposed mega GetGo development project.

P&Z’s action was baffling to say the least because P&Z isn’t in the business of “preliminarily approving” lot splits. They only act on formal lot-split requests---and the documentation that Osborne supplied was too incomplete and informal to constitute a formal lot-split request.

Councilman and Planning& Zoning Commission member Bob Mastrangelo took issue with my description of the material that Osborne supplied to P&Z last week. I described it as an:

”…informally sketched out, still-subject-to-revision, tentatively proposed lot split..”

Mastrangelo showed me a copy of a professionally rendered site plan drawing, which Osborne apparently provided prior to P&Z’s “preliminary approval” discussion. The drawing provided rough dimensions and used hatch marks to illustrate the proposed lot-split area at the front of the Catalano’s property.

That drawing, of course, may or may not reflect Osborne’s official lot-split request. We should find out soon. The request is on the agenda for an unusual Tuesday night (May 29th) P&Z meeting.

In any case, I guess I stand corrected. Perhaps a more accurate description of what Osborne provided at the last P&Z meeting would be a:

 “…professionally sketched out, still-subject-to-revision, tentatively proposed lot split…”

 
FIREFIGHTERS’ KITCHEN

City firefighters work in 24 hour shifts, which mean they eat and sleep in the firehouse while on duty.

For years they have been making due with a small, inadequate kitchen space, and for years Fire Chief Bill Turner has included renovating the kitchen on his “capital improvements” wish list.

A new kitchen will become a reality for Highland Heights firefighters this year. When not attending to their normal duties, the fire staff have been busily engaged in demolition and other construction-related work. The new kitchen is going to be installed in what is currently an eating area and hallway, which will provide a larger work space for those on kitchen duty.

As for equipping the new kitchen, Turner told Council’s Legislative & Finance Committee (L&F) that he is planning to purchase a “base model” commercial grade 6 burner gas stove and a commercial venting hood---something all local commercial kitchens are required to have. As far as cost, Turner declared:

“My intention is to be well beneath the budget. We will not go over, I will promise you that.”

SERVICE DEPARTMENT NEWS

The service department has ordered new manhole covers in connection with repair work necessitated by sink holes that developed along Millridge Road’s pre-1959 storm sewer lines.

Service Director Thom Evans warned Council that the repair costs could go up, depending on what they find once they are finally able to get cameras down into the storm sewers.

Evans also alerted Council to the fact that he will go over budget paying for part-time workers. Evans explained that he needed more part-time help because of leaves and vacation days taken by regular Service Department staff.
When asked, Evans said that he didn’t know whether savings from the mild winter (which required fewer snow-related work hours) will offset the budget overage or not.


WELCOME NEW CITY HIRES

Mayor Scott Coleman has been busy hiring new staff for the city.

Joseph Filippo, currently South Euclid’s Finance Director, will take over for retiring Highland Heights Finance Director Anthony Ianiro on June 29.
Filippo not only has an accounting degree, he is also a CPA.

Former S. Euclid Councilman Jack Clifford will soon begin work as a part-time building inspector. Before he retired, Clifford worked as a fully certified inspector for the city of Solon.

Jenna Bissel, who has served as marketing and activities director for the Gates Mills Club, has accepted employment as the new Community Center Coordinator.

And last, but not at all least, resident Marlene Kole has already begun work as the mayor’s new executive assistant.

GINGER TEA, NO-SHOWS AND GET-GO

GINGER TEA
I’m a coffee junkie in the morning.
Since my workdays are spent in front of a computer, I need caffeine to get revved up and rolling each day.
In the afternoon, however, I’m strictly an herbal tea girl.
I’m currently hooked on Yogi Ginger tea. It has a bit of a bite because black pepper is one of the ingredients.  Ginger tea is perfect for powering through mid-afternoon work doldrums.

Each Yogi tea bag comes with a saying, which is printed on the paper tag at the end of the tea bag string.
Opening the tea bag is like opening a fortune cookie---you get words of wisdom, but with fewer calories.

A couple of months ago I was pretty pessimistic about the Bass Energy situation.
Shortly after the new Council was seated in January (minus Scott Mills, who had become firmly opposed to drilling gas wells in the park) I began picking up vibes that the pro-drillers on Council----there were always several----were gaining significant traction.
My fears were confirmed when a drilling resolution appeared on a Council agenda in early February.  The resolution---which included, as an attachment, an explicitly detailed drilling lease---signaled quite clearly that Mayor Scott Coleman and Council were planning to let Bass drill frac gas wells in the park---even though Highland Heights residents overwhelmingly approved a new Charter provision in 2008 that strictly prohibits that activity.

A drilling freight train was on its way, headed straight for the Highland Heights Community Park.

Which brings me back to Yogi ginger tea.

During one of my most discouraged days, I grabbed a ginger tea bag and headed back to my desk. I read the tea tag message as I waited for the tea to finish brewing. It said:

“You will feel fulfilled when you do the impossible for someone else.”

Silly as it might seem, that tea bag spoke to me that day.
Clearly the “impossible” task was stopping the runaway drilling freight train and completing the work I began 4 ½  years ago, when I conceived of and headed the petition drive that led to the adoption of the 2008 Charter amendment to protect the park.
The “someone else” was, of course, the residents of Highland Heights, who overwhelmingly approved the new Charter provision---and whose decision was in serious danger of being ignored by our city’s elected leaders.

I am happy (and very) relieved to report that with the help of others, including over 200 residents who showed up to witness Council’s drilling vote resolution, I succeeded in “doing the impossible”.
The roaring drilling freight train was stopped in its tracks.

As I sit here today, do I feel fulfilled? You bet I do. Big time.

It took ton of hard work over many years---against what seemed, at times, to be overwhelming odds---but I have done something good for my community.
I go to bed each night with a smile on my face, knowing that the Community Park and all of the city’s parkland will now be preserved and protected, intact, for future generations to come.

QUICK UPDATES

Highland Medical Center Rezoning Issue

Although he expressed great impatience with Council two weeks ago, the owner of Highland Medical Center was a no-show at last week’s Committee of the Whole (COW) meeting.
Although Council briefly discussed one other small item, the Highland Medical Center rezoning issue was the primary reason Council held the COW.  It was the #1 issue on a 2 item agenda.
Council President Cathy Murphy invited the property owner to attend the COW, so they could move his rezoning request along, but for whatever reason, the property owner never appeared.  That made for a very short (21 minute) meeting.

Law Director Tim Paluf recommended changing the zoning classification for the property that the medical building owner wants to use for an expanded parking lot from residential to “Automobile Parking”.  “Automobile Parking” is more restrictive than the “Office Building” classification that the property owner seemed to be pitching for two weeks ago. The rezoning issue should appear on the November ballot.

For his part, Councilman Ed Hargate wanted to make sure that the property owner provided adequate screening from the residential properties along Ford Road. Hargate said,

“In the 1980’s (when the medical building was constructed) he (the property owner) agreed to put in fence and shrubbery.  I want the same condition for the extension of this zoning…Residents on Ford Road remember that, they know that…He’s agreed to it in the past.”

Mega Get-Go: The Fun and Games Continue

Developer Lance Osborne has been “Mr. In a Hurry” ever since he got involved in the proposed Mega Get-Go development last May.
According to him, everything on the city’s side has to be done ASAP/right away/as in yesterday or the whole deal will fall through.

When it comes to his side of things, however, Osborne doesn’t seem to be in too much of a rush.
He waited several months before finally agreeing to Council’s rezoning ballot language. That hurdle overcome, Osborne was scheduled to appear before the Planning & Zoning Commission (P&Z) on May 14^th to get approval for a required “lot split".

The “lot split” will make a separate parcel out of the front part of the Catalano’s property, along Wilson Mills Road.  That’s where a mega Get-Go gas station/café will be installed--- if the rezoning issue passes city-wide and in Ward 4 in November.

“Mr. In a Hurry,” however, wasn’t ready to go forward with his lot split request on May 14^th. He told P&Z,

“I forgot my presentation boards at the office.”

His dog ate his homework?

It was quickly apparent that Osborne hadn’t completed the formalities necessary to get P&Z approval for a lot split.
Instead, P&Z was asked to give “preliminary approval” to the lot split, based on a rough drawing supplied by Osborne.

That was completely out of the norm for P&Z.  They aren’t in the business of “preliminarily” approving lot splits.

Lawyer and P&Z member Don McFadden was confused by the request:

“I’m not sure what we’re preliminarily approving…I’ve never seen a lot split without a legal description (of the property involved).”

When McFadden asked what the standards were for giving preliminary approval, Councilman/P&Z member Bob Mastrangelo (a Get-Go booster) replied,

“There is no preliminary approval. He’s (Osborne) really just getting a blessing.”

To further confuse the matter, Building Commissioner Dale Grabfelder told P&Z,

“The law director (Tim Paluf) wants to handle it this way. P&Z will approve it (the lot split) preliminarily tonight, then it will go to council for approval, then it will come back (to P&Z) for formal approval with the city engineer’s approval.”

Later Grabfelder said it was Council who was seeking the unusual “preliminary approval” from P&Z:

“Council is looking for your blessing on the lot split. If council gives its blessing, he (Osborne) will be back on (the P&Z agenda) on May 29 on the final plot.”

Grabfelder’s explanation seemed to fall apart the next day.

At the May 15^th Committee of the Whole meeting, Council President Cathy Murphy asked Law Director Tim Paluf whether Council approves lot splits. Paluf replied,

“No, only if it’s a subdivision or a (large scale) development.  (When it’s just a single property involved) As long as P&Z approves it, that’s all he (the property owner) needs.”

Councilman/P&Z Bob Mastrangelo also gave a different spin on the previous night’s P&Z discussion. He indicated that it was Osborne---not the law director or Council--- who requested the preliminary approval. Mastrangelo explained that the request was,

“More of a courtesy to P&Z. If P&Z would give its blessing, then he’d (Osborne) go ahead with work to finalize it (the lot split).”

Confused? Yeah, me too---and I attended both meetings.

Why would P&Z be asked to do something it never does, and why so many different explanations as to the source of that request?

Since we’ve seen this kind of thing before in connection with the proposed mega Get-Go development, it should come as no surprise to learn that P&Z passed a motion giving formal "preliminary approval" to Osborne’s informally sketched out, still-subject-to-revision, tentatively proposed lot split.

And once again only Ann D’Amico, a lawyer with commonsense, voted no. She explained,

“I am not giving formal approval (to this preliminary approval request). It’s not clear to me why we would do it.”

They did it, apparently, because somebody asked them to.
Saying “no” just doesn’t seem to occur to the boys on P&Z ---especially when developer Lance Osborne is involved.

Highland Heights Council Wins Arm-Wrestling Contest Over Proposed Mega Get-Go Zoning Issue

After months of reluctant deliberation, Developer Lance Osborne apparently decided to go along with Council’s version of the Get-Go related zoning issue that residents will vote on in November. In exchange, Osborne will get the city’s official stamp of approval on a development agreement for his proposed mega Get-Go development.

From the start, Osborne’s development proposal had the city’s elected leaders wrestling with conflicting political realities.
While Mayor Scott Coleman and Council are committed to supporting business development in the city, they are also legally required to uphold the city’s zoning laws (which place a premium on protecting and preserving residential neighborhoods).
In addition---as the Bass Energy drilling brouhaha recently reminded them---their primary job is to serve and represent Highland Heights residents, not developers or business outsiders.

Council has approached the issue cautiously, aware that residents are divided about Osborne’s plan to install a mega Get-Go on the former Catalano’s grocery store property.
For the same reason, Osborne has been anxious to get the city’s official stamp of approval for his plan. He apparently thought that he had it, based on his preliminary discussions with the mayor and the Planning & Zoning Commission last year. He discovered, however, that Council was not such an easy sell.

Council accepted the mayor’s suggestion of using a development agreement to address issues and concerns raised by residents. The agreement will spell out specific details of the proposed development, including signage, lighting and design details. At the same time, Council insisted that the necessary ballot issue be Charter compliant, i.e. that it be a property rezoning issue that requires both city-wide and Ward 4 approval.

That’s a pretty high hurdle---one that Osborne clearly wanted to avoid.
He tried to bypass Council last fall by sponsoring a petition drive to put a different issue on the ballot---one that sought to change (and, in my opinion, essentially gut) the city’s zoning code and would require only city-wide approval.
After Law Director Tim Paluf ruled that his petition issue was legally flawed, Osborne began an intense lobbying campaign, trying to convince and/or pressure Council members to put his desired zoning issue on the ballot.

Council and Osborne became engaged in a staring contest. Osborne blinked first---maybe. As always, the devil is in the details.

At the May 1^st Committee of the Whole meeting, Osborne told Council,

“We are in agreement with the concept of  (Council’s proposed zoning) ordinance. Our attorney has some comments that I don’t see to be significant. He will make it conform with the proposed develop agreement.”

He also told Council,

“We respectfully ask Council to approve the rezoning ordinance in advance of the development agreement being hammered out.”

One could interpret what Osborne told Council as meaning:

 “I am now 100% ready to cooperate and play ball your way.”

Given his track record, however, a more accurate interpretation might eventually prove to be:

“Although I am telling you that I will go along with your version of the zoning issue, I am putting you on notice that my legal counsel is going to change it to my advantage---and, oh by the way, we want you to give up all your negotiating leverage by voting to put the zoning issue on the ballot immediately, before we’ve hammered out the final details of the development agreement."

By law, Council has until early August to get the zoning issue on the ballot, so there’s absolutely no need for Council to rush to approve the ballot language.

Council President Cathy Murphy told Osborne,

“I think given what you said, I’m definitely inclined to putting a zoning issue on for you and working with you. The stumbling block was to re-characterize the issue as what it is—a rezoning issue. Through the development agreement the city has a unique opportunity; it can address issues of concern proactively in the development plan. That’s another reason why we look to put it on (a rezoning issue on the ballot) for them. In reality they (Osborne and Giant Eagle) could have gone their own way, but they’ve chosen to work with us. I think we should likewise work with them and put the best possible proposal out there for our residents.”

Next up: Osborne will appear before the Planning & Zoning Commission (P&Z) on May 14^th to discuss splitting the Catalano’s property into 2 separate “permanent parcels,” a necessary precursor to possibly rezoning the front portion to allow a mega Get-Go gas station and café to be installed there.
P&Z meetings are held at 8 p.m. at City Hall and are open to the public.

THE CITY’S OTHER REZONING ISSUE

While the mega Get-Go zoning issue has taken center stage, residents are likely to see a second rezoning issue on the November ballot as well.

The owner of Highland Medical Center on Brainard Road (across from Catalano’s) wants to expand his undersized parking lot. He owns the undeveloped lot next door, but in order to use it for parking, the zoning classification for the property needs to be changed (it is currently rezoned for residential use.) 

That’s where Council comes in.
Voters must approve any zoning change.
Council can put a rezoning issue on the ballot for the property owner, but first it has to reach consensus on the new zoning classification.
Automobile Parking and Office Building are both possibilities, but they have different variance requirements and offer different possibilities for future expansion. Since homes surround the medical center, Council’s rezoning decision is an important one.

You’d expect that someone seeking Council’s help with a zoning issue would be courteous and somewhat deferential when appearing before Council.
Developer Lance Osborne has always behaved appropriately, even while firmly standing his ground.

Not so the medical center property owner.
He was aggressive and rude and repeatedly interrupted Council President Cathy Murphy during last week’s Committee of the Whole meeting.

The property owner’s main beef seemed to be that everything was taking too long. He bristled at the idea that Council needed time to decide the best zoning classification for his property. He told Council,

“At the recommendation of Councilman (and P&Z member) Bob Mastrangelo, the office building classification has the least impact on everyone. I have gone along with his recommendation. His recommendation at the time was not to be on ballot in November (2011). I was ready. I’ve done everything I could possibly do. I don’t think it’s appropriate that I have to wait again. It’s an unfair impact on people trying to be tried and true to this community.”

Reality check time.

Reality Check One: Council has until early August to put rezoning issues on the ballot, and even if Council rushed to approve a rezoning issue for the medical building owner this week, it still wouldn’t appear on the ballot until November.

Reality Check Two: The property owner discussed his parking lot plan with Council for the first time last summer, but he withdrew his rezoning request almost immediately----before Council had a chance to reach consensus on the proper new zoning classification for his property.
Council has not delayed in getting a rezoning issue put on the ballot for the property owner, and it is quite reasonable (and necessary) for Council to thoroughly study all of the options before deciding the best zoning classification for the property. There is nothing “unfair” about it.

Interestingly, although the property owner claimed that he had taken care of the drainage issues (parking lots cause a lot of water runoff), engineer Brian Mader told Council that he had yet to see---let alone approve---a drainage plan for the proposed parking lot expansion. So apparently, even after a year’s delay, the property owner still doesn’t have all his ducks in a row.

The frustrated property owner was invited to return to the May 15th Committee of the Whole meeting for further discussion of his rezoning request.
With any luck he’ll bring his manners with him this time.

BASS ENERGY SETTLEMENT

At a special meeting last week Council listened to a first reading of proposed Resolution 21-2012, which authorizes Mayor Coleman to sign a settlement agreement with Bass Energy.
Pursuant to the resolution, the city will pay Bass $600,000 and, in exchange, Bass will drop its breach of contract claim against the city.

Council President Cathy Murphy has indicated that Council may suspend the 3^rd reading and vote on the resolution during this week’s Council meeting.

Interested residents will be given an opportunity to address Council during the public speaking portion of that meeting.