Hurry Up and Wait

GetGo Update

Developer Lance Osborne and his supporters worked feverishly late last year, hoping to put a GetGo-related zoning issue on the March primary ballot. That effort came to an abrupt halt on Jan. 3, when Osborne conceded that the zoning issue would have to wait until the November 2012 general election.

Although he’s carefully avoided taking a public position on the project, Mayor Scott Coleman has been very involved behind the scenes. He told council on Jan. 10 that he’s been talking with Osborne "and his group" "for a period of time," and that his involvement resulted in some concessions – including dropping the car wash which, the mayor said, "was a huge concern of mine." (Apparently the mega gas station is not).

Coleman showed his activism again on Jan. 3, when he recommended to Council that the city pursue a development agreement with Osborne.  The mayor said that such an agreement,

"…could be part of the issue going to the voters, so the voters know what they are voting on specifically. ...The project, on its face, has some merit and I think we should undertake a good effort to try to come to an agreement."

Following Coleman’s lead, Council President Cathy Murphy asked council members to share their questions and concerns about the project with Law Director Tim Paluf, who has been tasked with negotiating on the city’s behalf.

Paluf confirmed on Jan. 10 that he had received Council’s submissions and that he would be meeting with Osborne and/or his attorney in the next few weeks to discuss a possible development agreement.

It’s not clear at this point just how comprehensive the development agreement will be.

While the city and Osborne might agree on some details – such as the mega GetGo’s appearance and lighting – it’s still up in the air whether they will agree on the most crucial issue: the nature and wording of the zoning issue that will appear on the November ballot.

As explained in my previous blog, Charter 8.02.02 requires both citywide and Ward 4 voter approval if the ballot issue submitted to the voters is a rezoning issue, i.e. if it asks voters to approve rezoning the Catalano’s property (or a lot-split portion thereof) to allow for the proposed mega GetGo gas station.  

Ward 4 voters will not be provided any special protection, however, if Osborne’s preferred approach is followed, i.e., if the issue submitted to the voters focuses on changing the city’s zoning laws to allow gas stations as an accepted use on all business-zoned properties in the city.

According to last week’s Sun Messenger, Ward 4 Councilwoman Lisa Stickan holds a pretty firm view on which approach should be taken. She is quoted saying:

"Allowing the residents of Ward 4 to have the final say is very important."

http://www.cleveland.com/hillcrest/index.ssf/2012/01/highland_heights_city_council_2.html

Although he was interviewed for the same story, Mayor Coleman didn’t disclose his own position on this "very important" matter to the Sun Messenger reporter. However he has discussed the issue, on the record, in the past. The mayor stated at a June 12, 2011 Committee of the Whole meeting that:

"…he would be concerned with any proposal that takes this proposal out of the vote of the people. That is something they have talked about from the start and he thought it is pretty critical that it remains that way. They have told the people in Ward 4 that they would have a say in addition to the City as a whole."

http://www.highlandhts.com/docs/city_council/committee%20minutes/2011/07-12-11_council_committee_minutes.htm

Thus, according to the mayor, a very important promise has already been made to Ward 4 voters:  their Charter 8.02.02 voting rights will be protected when a GetGo zoning issue appears on the ballot.

That should bring some comfort to those residents, whose neighborhoods and residential property values are likely to be the ones most impacted by Lance Osborne’s proposed mega GetGo development.

Bass Energy lawsuit: Drill or arbitrate?

Rumor has it that Council may hold another executive session to discuss the Bass Energy lawsuit when it reconvenes on Jan. 24. That’s the second executive session on that topic this month.

A similar flurry of discussions occurred in January last year. It’s not hard to know why. If it’s going to drill gas wells in the park, Bass would prefer to do it in the winter, when the park is little used and residents’ windows are closed. (The site-clearing and drilling/rock fracturing operations are conducted around the clock, 24/7, using heavy equipment. It is a lengthy and far from peaceful process.)

Council continues to face the same three choices with regard to the lawsuit: 1) proceed to arbitration and fight Bass’s breach of contract claim; 2) pay money to make Bass go away; or 3) throw in the towel and let Bass drill in the park, thereby forever changing the character of the park and potentially endangering Highland Heights residents and the environment.

Mounting scientific evidence has connected frac drilling operations to earthquakes, explosions, underground water contamination and toxic gas releases. Despite that evidence – and voters’ overwhelming approval of a Charter amendment to protect the park – some council members apparently still believe that allowing Bass to drill in the park is the easiest and best choice. 

If you feel otherwise, now would be a good time to make your voice heard.

Council members’ emails and phone numbers are listed online at the city’s website. http://www.highlandhts.com/city-council/members.php

Contacting the mayor wouldn’t be a bad idea either, since his rush to sign a drilling lease got the city into this breach of contract mess in the first place.

Quick Hits

• Jefferson Drive relining project

Service Director Thom Evans reported that the county has awarded a contract for the Jefferson Drive relining project. The work should begin in late February/early March. That’s good news for downstream residents, especially Highland Road residents who experience sewer backups due to storm water infiltration into the Jefferson Drive sewer lines.

Read more:

• Energy Saving Lighting.

Council approved a contract to replace and/or update lighting in the Community Center and other Municipal Complex buildings. Grant money will be used to pay part of the cost. 

Evans noted that the Fire Department was not included in the project because "they received a grant several years ago to update their lighting." Kudos to Fire Chief Bill Turner and his department for being ahead of the curve and proactively saving taxpayers money.
 
Read more: 

• FEMA Flood Maps

Last year Council authorized the city engineer’s office to conduct several flood delineation studies in the city. Council took that action after December 2010 FEMA flood maps inexplicably designated several areas as high-risk, 100-year flood zones. Many residents were forced to buy pricey flood insurance as a result of that designation.

The engineer’s work reaped quick benefits for the Williamsburg neighborhood. Last spring FEMA amended their map to restore that neighborhood’s previous low-risk flood designation.

On Jan. 10, Engineer Brian Mader reported that his office was about to submit additional data to FEMA concerning several other areas. Hopefully that will lead to more map amendments in the near future.

Mader’s been pretty tight-lipped about what his office found and which properties are likely to be remapped out of the flood zone. No doubt some residents will still have to buy flood insurance. But if that’s the case, at least they’ll know that the FEMA maps prompting that coverage are accurate.