ACTION-PACKED P&Z AGENDA, NEW “BRAINARD CROSSINGS” RESTAURANT AND MORE

P&Z AGENDA

Looks like the Planning & Zoning Commission (P&Z) will be quite busy July 28^th.

First up:

 A public hearing (public comment allowed) on a neighborhood challenge to a large deck that was built in May adjacent to a pre-existing, Rutland Drive above-ground swimming pool.

While the city’s zoning code allows pools to be placed within 10 feet of rear property lines, decks cannot.
A 40 foot setback applies to decks.

In a bizarre twist of events, Law Director Tim Paluf---with the full support of Mayor Scott Coleman---overruled Building Commissioner Dale Grabfelder, who had officially, and in writing, determined that the deck violated city zoning laws.

You might wonder:

What is Paluf’s rationale for overruling an official Tear Down order, especially one that the pool owners themselves agreed to comply with?

Apparently it's Paluf position that by being placed next to it, the self-standing deck suddenly and miraculously became part of the above-ground pool itself, thereby qualifying for a 10 foot setback.

Interesting logic, no?

While I might expect that kind of “creative” thinking from a private attorney representing a private client in a negotiation or litigation, it’s not what I expect from a municipal Law Director.

I guess I’m just naïve.

I always thought that it was a Law Director’s job to back up city administrators in their attempts to enforce city zoning codes---not throw them under the bus.

Particularly galling to Rutland Drive neighbors, when they met with Mayor Coleman and the Law Director, was Paluf’s insistence that the humongous, 6 foot tall, self-standing deck was no different than an on-ground cement collar placed around an in-ground pool in Paluf’s own neighborhood.

If that’s really the case, do you suppose Paluf would be willing to swap his pool vista for theirs?

You have to wonder:

Would Paluf espouse a different legal theory if the huge towering deck sat 11 feet behind his rear property line?

Also on P&Z's July 28th agenda, these items:

Grind Burger, reportedly a chain out of Arizona, has applied for a liquor permit and is planning to open a restaurant in the newly renovated “Brainard Crossings” (aka Catalano’s) building.
It will be joining Fitworks, a tanning salon and a Chiropractor’s office----making that plaza a unique one-stop shopping locale.

Get a tan. Work out. Get a back adjustment. Then eat, drink and be merry.

DEICING FRACK DRILLING BYPRODUCT
WILL THE CITY USE IT?
ISSUE STILL ON THE TABLE

Council’s Safety Service Committee  (SSC) met with Service Director Thom Evans to talk about his request to install liquid deicing equipment on a new city salt truck.

The controversy doesn't revolve around the concept---spraying liquid to make rock salt adhere better on winter roads, thereby increasing its effectiveness and decreasing the amount used.

It involves the kind of liquid deicer Evans plans to use on city streets.

At a recent Committee of the Whole meeting, Evans told Council he planned to use “AquaSalina,” which he claimed was:

 “…from natural salt water. It’s not frac (frac drilling) water or frac (drilling) related.”

If only the reality matched his words.

In fact, “AquaSalina” uses frac drilling production water---a toxic mix of drilling mud chemicals, water (saline and non-saline, both injected and displaced by drilling) and other compounds (some benign, some not) released by drilling.
The production water is supposedly “purified” in some fashion (generating an additional environmental problem: the disposal of removed toxic solids) and is sold to cities as liquid deicing brine.
For more about “production water” read my prior blog:

http://highlandheightsohiohappenings.blogspot.com/2014/06/city-supports-frac-drilling-industry.html

Chairwoman Lisa Stickan seemed hesitant in discussing the deicing issue with Evans.
At the end of the meeting she simply sidestepped the AquaSalina issue, declaring that she  was:

“…comfortable with the fact that the equipment is in the budget and comfortable with getting brine in Lynhurst (which mixes its own rock salt-based saline solution).
I think we should go forward for purposes of outfitting the vehicle.
I prefer to focus instead on whether the truck and Mr. Evans' equipment request were in the budget."

It's been my observation that Evans tends to push back when he gets frustrated or angry, and I saw some pushing back when SSC members attempted to discuss his proposal to use AquaSalina on city streets.

He stated that he "didn't bring his file" to the SSC meeting and that he had "no additional information" to share about the product.
Evans also claimed:

I was comfortable at the (June 17^th) Committee of the Whole meeting that Council was comfortable with it.
I said to Mrs. (Councilwoman Ann) D’Amico that if she wasn’t comfortable we shouldn’t go forward.  She said she was.
….The feedback that I had was that Council was completely happy with it.”

The rub here, of course, is that at that meeting Evans claimed that AquaSalina didn’t have anything to do with frac drilling.
Council didn't have all the information that (perhaps) they should have had, when they supposedly expressed their "complete happiness" with Evans' plan...a fact that should have been pretty apparent to Evans by the time he showed up at the SSC meeting.

And so it goes.
Stickan reported to Council that SSC:

“..as a whole recommended passage because it was in the budget .. (SSC) plans on continuing the discussion on the AquaSalina product.”

Based on that recommendation, Council approved Evans’ truck equipment request.

MIDYEAR BUDGET REVIEW: THINGS LOOK GOOD SO FAR

Finance Director Joe Filippo provided a positive mid-year budget report at last Tuesday’s Council meeting.

Income tax collections are up 3.98% over budget projections and expenses are running at about 45% of projections.

Although this revenue pool will dry up very soon due to a change in state law, the city’s estate tax revenue is also up above projections this year.

Filippo gave his blessing to a proposed tax abatement agreement, applying to a significant facility expansion by Eighth Day Sound Systems, Inc.

The company will receive a 50% real estate tax abatement for 15 years on the new addition.

The company’s original tax abatement deal will be expiring soon, and Filippo projected that the amount of real estate taxes that the city gives up in the new deal will be covered by additional  property tax that the company will pay once the original abatement agreement ends.

Council will vote on the tax abatement agreement and other legislation during a Special meeting on Tuesday.