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THE CITY OF STREETSBORO, OHIO

SERVICE COMMITTEE MEETING MINUTES

Monday, June 8, 2015

This Service Committee Meeting was called to order on Monday, June 8, 2015 at 7:00 p.m. by Tim Claypoole, Vice Chairman. There was a moment of silence in place of an invocation and then Mayor Broska led the Pledge of Allegiance.

PRESENT: Regis Faivre, Bridget Pavlick, Jeff Allen, John Ruediger, Tim Claypoole, Julie Field

ABSENT: Steve Michniak

ALSO PRESENT: Glenn Broska, Mayor

Dave Maistros, Law Director

Robert Reinholz, Fire Chief

Darin Powers, Interim Police Chief

Jenny Esarey, Finance Director

Joe Ciuni, City Engineer

John Cieszkowski, Jr., Planning Director

Sue Truby, Economic Development Director

Missy Hatch, Parks and Recreation Director

Caroline Kremer, Clerk of Council

MOTION: TO EXCUSE MR. MICHNIAK.

Moved by Mrs. Field, seconded by Mr. Allen. Mr. Michniak was running late this evening. Upon voice vote, motion carried.

Disposition of Minutes

MOTION: TO ACCEPT THE REGULAR SERVICE COMMITTEE MEETING MINUTES OF MAY 11, 2015 AS WRITTEN.

Moved by Mr. Faivre, seconded by Mrs. Field. Upon voice vote, motion carried.

Old Business

None.

New Business

Zoning Map Amendment for Classic Drive

Mr. Cieszkowski had provided a packet of information. It included an application to rezone three parcels totaling 22.64 acres flanking both sides of Classic Drive from B-Business District to C-3 Highway Interchange Commercial District. Planning Commission recommended approval of the proposed rezoning at their May 12, 2015 meeting contingent upon finalizing and recording of deed restrictions relative to adult entertainment uses. The C-3 district was the only district in Streetsboro that permitted adult entertainment uses; they were conditionally permitted within C-3. Understanding the potential risk associated to the City of increasing the acreage of the C-3 district in the City, the Planning Commission recommended to the applicants that they put deed restrictions into place prohibiting adult entertainment uses from the subject properties and they had all agreed to do so. The draft deed restrictions were currently being reviewed by the Law Department, but the deed restrictions would not be put into place until, and provided that, the proposed rezoning was approved. Mr. Cieszkowski had recommended to the Planning Commission that they approve the requested rezoning because the proposed rezoning would constitute a logical extension of the adjacent C-3 zoning to the northwest and it would eliminate the restrictions associated with legal non-conforming uses that the current car dealerships in the B district had to deal with based upon their legal non-conforming status in the B district. The proposed rezoning would eliminate that legal non-conforming status and increase opportunities for redevelopment or future development. Mr. Cieszkowski reported that Greg Siefert, Geis Companies, was present to answer any questions for Council.

Mr. Ruediger asked for clarification of the proposal in “laymen’s terms.” Mr. Cieszkowski summarized that the rezoning was from B to C-3. In the B district new and used car sales facilities were a prohibited use, so by rezoning to C-3 those existing uses would become permitted by right. The C-3 district was the only district in the City in which adult entertainment uses were a permitted use of any sort; adult entertainment uses were conditionally permitted in the C-3 district. There had been a suggestion to the applicant as a result of the rezoning: because of adult entertainment uses being permitted in the zoning district they wanted to rezone to, and the C-3 acreage would be increased within the City, and understanding the potential risks to the City of that particular use, the City had asked the applicants to consider placing deed restrictions on their property prohibiting that particular use on what could potentially be C-3 zoned property, and all three parcels (two property owners) had agreed.

Mrs. Pavlick asked how this zoning change would affect the referendum zoning. Mr. Cieszkowski said this would be subject to referendum zoning by the voters when/if Council approved it. As part of the Council approval process there needed to be a public hearing and three readings, and then go to the ballot.

Mr. Faivre asked about the Indian mound burial sites in that area. Mr. Cieszkowski said the proposed rezoning itself would not impact those features.

Mr. Claypoole summarized that the car sales were currently legal non-conforming uses under the current B zoning, so he wondered why the request for a zoning change. Mr. Cieszkowski explained they were allowed to operate and function currently under the constraints of the non-conforming uses chapter which prevented expansion and there were some other limitations (i.e. they couldn’t rebuild if it burned down) because the uses were non-conforming. He added that the proposed rezoning had nothing to do with the new car dealership going in. He thought the applicants, who were operating under the constraints of a non-conforming use, used this option of rezoning to get out of those limitations and constraints. They could go from a prohibited use in the B district to a use permitted by right in the C-3 district. The parcels in question were outlined in black on the map Mr. Cieszkowski had provided and Home Depot was on the east side of the parcels in question.

The Planning Commission had received applications from all three property owners and Geis Companies was representing those property owners.

Mr. Allen asked if this proposal to change to C-3 would fit with the Master Plan Commercial Development Corridor. Mr. Cieszkowski thought the proposed rezoning and elimination of the existing non-conforming use constraints would pave the way for redevelopment, so he thought it made sense and fit the Commercial Development zone.

Mr. Ruediger noted that the hotels on the other side of Mondial Parkway were already zoned C-3. He asked if there were any limitation on the adult entertainment uses for those properties. Mr. Cieszkowski noted that adult entertainment uses were conditionally permitted so any proposed adult entertainment use would have to meet all the conditional use requirements set forth in the Code. Mr. Ruediger asked if there was any thing the City could do going into the future to remove the adult entertainment use option in the C-3 district (and therefore the entire City). Mr. Cieszkowski said No.

Mr. Ruediger noted there were many new cars parked at the Market Square Plaza and the old SR 303 Plaza and wondered if there were plans to rectify that soon. Mr. Cieszkowski said Yes, the Nissan cars parked at Market Square Plaza would be moved as soon as the construction of the new lots was completed.

Mr. Claypoole asked about the deed restriction. Mr. Cieszkowski clarified that it was not advisable to put the deed restriction into place until the zoning change had been completed. Mr. Maistros added that the adult entertainment uses could not go in the current B district (they were not permitted), so from the property owner’s standpoint, they had committed that if the zoning change did pass, they would file the deed restriction upon confirmation of the election results because that was the only way adult entertainment uses could be permitted anyway. Mr. Claypoole was concerned that there was no guarantee the property owners would file the deed restriction if the zoning change was passed by the voters and if not, then what, because the voters would have approved it. Mr. Maistros noted that the deed restriction was a condition of the Planning Commission; it was a condition of the rezoning. He said he/the City would hold the deed restriction and when the Board of Elections certified the election results, the City would file the deed restriction with the County Recorder. The language would be done, all agreed upon, signed and in the City’s possession beforehand and the City would simply file it when it was appropriate. Mr. Maistros expected to have the deed restriction in hand well before the legislation had third reading by City Council. Mr. Claypoole said he would be comfortable if the City had the deed restriction in hand by third reading, otherwise he would rather leave the zoning as B district.

MOTION: TO FORWARD TO THE JUNE 22, 2015 REGULAR COUNCIL MEETING FOR FIRST READING.

Moved by Mr. Ruediger, seconded by Mrs. Pavlick. Upon voice vote, motion carried. The Public Hearing had already been scheduled for July 13, 2015 with a 30-day notice in the newspaper. The Clerk clarified that this would meet the Board of Elections deadline in August for the November 2015 ballot with first reading on June 22, 2015, second and third reading in July, and Elections deadline in August.

Extend Rubbish Collection Contract

Mayor Broska said this contract should be extended for the fifth and final year. At this time next year he wanted to go out for bids for the rubbish collection and the recycling. He did not think the City could get a better price on rubbish collection now; the price was already four years old.

MOTION: TO FORWARD TO THE JUNE 22, 2015 REGULAR COUNCIL MEETING.

Moved by Mrs. Pavlick, seconded by Mr. Faivre. Upon voice vote, motion carried.

T-6063 Approve Change Order No. 1 for OPWC Ward 1 Waterline Project

Mr. Ciuni said there was a waterline improvement project in progress in Ward 1. There were six streets being improved: Blitz Lane, Lido Lane, Nita Lane, Gillie Drive, Flora Drive, and June Drive. The water main was installed on the first four streets and work continued on the other streets. The intent was to put the water mains in and then repair the 4-foot wide trench above the water mains and then, as part of next year’s road paving program, resurface the streets, but during the construction of these waterlines it was found that three of the streets (Blitz, Lido, and Nita) had very thin asphalt (1" to 1 ½") with very little stone base which fell apart quickly from the heavy construction equipment. The other streets did not have the same problem. Mr. Ciuni recommended to non-perform repairing the trench (which would be a credit) and perform a cement stabilization of the base that was there and also resurface the 20′ width of the street. The extra cost minus the credit would be a change order of $30,000 to this existing contract with Camino Construction. The other three streets would continue as originally planned and be resurfaced as part of next year’s road paving program. Mrs. Pavlick had visited the area and agreed the roads were in bad condition.

MOTION: TO FORWARD THIS TO TONIGHT’S REGULAR COUNCIL MEETING.

Moved by Mrs. Field, seconded by Mr. Faivre. Mr. Allen asked if anything additional would be needed beyond the $30,000 being requested. Mr. Ciuni said no, it would cover the edge to edge cement stabilization and the resurfacing with two inches of asphalt over the top with the normal specs for asphalt which will hold up to the usual car traffic on those roads. Upon voice vote, motion carried.

Discuss Going to Bid for Ethan Avenue Project

Mr. Ciuni said Ethan Avenue was part of the Philipp Parkway Extension project. There was a separate funding source for Ethan Avenue: the Ohio Turnpike Mitigation Funds. Because this project was within a mile of the turnpike interchange the City could get this grant money to do this project, but it had to be bid separately. Philipp Parkway Extension was already under construction and was about 50% complete. The Ethan Avenue plans had been submitted to ODOT District 4 for authorization to go to bid. Tonight’s agenda item was to get permission from Council so as soon as the ODOT authorization was received, it could go immediately out to bid. The plan was to resurface the middle of Ethan Avenue, put in new curbs and gutter, and a brand new traffic signal at SR 43 and Ethan Avenue to handle the traffic of this new connector road.

Mrs. Pavlick asked if there was any City money needed with this grant project. Mr. Ciuni said the $584,000 completely covered the construction and engineering; but the City had to bid the project.

MOTION: TO FORWARD TO THE JUNE 22, 2015 REGULAR COUNCIL MEETING.

Moved by Mr. Ruediger, seconded by Mrs. Pavlick. Upon voice vote, motion carried.

Citizens’ Comments

None.

Announcements

The Safety Committee Meeting will immediately follow this meeting.

There being no further business to be addressed by this committee, and upon motion by Mrs. Pavlick, seconded by Mr. Allen, this meeting adjourned at 7:31 p.m.

ATTEST:

____________________________________

Caroline L. Kremer, Clerk of Council Timothy J. Claypoole, Vice Chairman

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