New Council Term Brings Both Change and More of the Same

Lance Osborne's Most Recent Get-Go Pitch

Some Things Change

As 2011 drew to a close, developer Lance Osborne insisted – both in the press and at a Dec. 15 Economic Development Committee (EDC) meeting – that Council could act on Jan. 3 to put a Get-Go related zoning issue on the March 2012 primary ballot. His claim prompted Highland Heights’ Finance Director, Anthony Ianiro, to "suggest and encourage" that EDC members attend the Jan. 3 Council meeting to pressure Council to do just that.

As explained in my last blog, Council couldn’t put a Get-Go related zoning issue on the March primary ballot, even if it wanted to. 

Osborne and his supporters apparently embraced that reality after singing Auld Lang Syne. Osborne certainly hummed an entirely different tune when he appeared before Council on Jan. 3. 

Gone was any talk about getting on the March ballot.  Instead he declared that he was there,

"to work with Council about placing it (a Get-Go zoning issue) on the November 2012 ballot."

A surprise new element of Osborne’s development plan: an outdoor patio located next to the Get-Go convenience store/café – a perfect venue for customers who enjoy breathing in auto exhaust while eating their coffee and subs I guess …

Osborne also revealed that Giant Eagle’s demands had altered. He said that in mid-December,

"We sent a letter to the Law Director (Tim Paluf ) agreeing that the city can…remove the language (in Osborne’s zoning initiative) regarding the size (of allowed businesses)…limit(ing) the hours of operation, and…exclud(ing) the car wash. We’d also be happy to enter into a development agreement to further protect the city."

Osborne made clear, however, that any

"development agreement would be contingent on a successful (zoning) ballot issue and our acquiring the property (from Giant Eagle)."

The second contingency is a potential minefield.

The development agreement — at least as discussed last week – would be between Osborne and the city only. That means Giant Eagle could get around it simply be waiting until after residents approve a zoning issue allowing a mega Get-Go on the Catalano’s property and then refusing to sell the property to Osborne.  

The reality is that any development agreement between the city and Osborne may be nothing more than an illusion and a public relations stunt

…unless Giant Eagle and Echo (the Giant Eagle-related company that holds title to the Catalano’s property) agree to bind themselves, in writing, to its provisions.

 And Some Things Remain the Same

While making some concessions, Osborne made clear that he wasn’t willing to budge on one very important issue:

He doesn’t want any ballot issue that would give Ward 4 residents a special say with regard to using the Catalano’s property as a mega Get-Go gas station.

In 1990, Highland Heights voters amended the Charter to give added protection to the residents most affected by a proposed zoning change.

Section 8.02.02 states that, with regard to any ordinance or resolution that changes how a piece of property is zoned (i.e., changes it from one zoning classification to another), not only must there be citywide approval, but residents in the ward(s) where the property is located must also approve the change.

Charter 8.02.02 protection was provided to Ward 3 residents a couple of years ago, when an issue pertaining to the business area at the corner of Highland and Miner roads (where Mulligan’s is located) was put on the ballot.

That protection should also apply to the rezoning of the Catalano’s property – or at least that portion that Osborne wants to use as a mega Get-Go gas station.

Osborne’s zoning initiative petition was drafted to avoid giving Ward 4 residents their special protection rights under Charter 8.02.02. Osborne did that by framing his zoning law changes to affect all business-zoned properties in the city, not just the Catalano’s parcel.

Council President Cathy Murphy was clearly troubled by Osborne’s approach. She commented,

"Our Charter calls for an independent vote of the (impacted) ward. The way it’s (Osborne’s proposed zoning issue) structured now, that’s being bypassed. A lot of (Council) people went on record saying this was an important component – to put the zoning issue on the ballot so the ward (Ward 4 voters) would have approval."

When Murphy asked for Osborne’s current position on that issue, he replied,

"We’d like the city to amend the ordinance that we basically put in front of them."

In other words, Osborne still wants to deprive  Ward 4 voters of their rights under Charter 8.02.02,

He doesn’t want to let Ward 4 voters – the city’s most impacted residents – have the last word on whether or not a mega-Get-Go can be operated on the Catalano’s property.

Council and City Administration

Some Things Change

In addition to listening to Lance Osborne’s presentation, Council held a special organizational meeting on Jan. 3.

Not surprisingly, the departure of Scott Mills and the arrival of Chuch Brunello meant that there would be some changes on Council.

Ward 1 Councilwoman Cathy Murphy was elected Council President. It’s a familiar role for Murphy; she has served in that capacity in the past.

Councilwoman Lisa Stickan and Councilman Ed Hargate apparently chose to switch committee seats. Hargate decided to serve on the Legislative & Finance Committee with Murphy and Councilman Leo Lombardo this year. Stickan will serve on the Safety Services (SS) Committee with Brunello and Councilman Bob Mastrangelo.  

Mastrangelo will continue to serve on Planning & Zoning Commission.
Brunello will continue to serve on the city’s Park & Recreation Commission (P&R), but his role will change from that of P&R member to Council’s P&R rep.

Councilman Frank Legan was appointed as Council rep to the EDC. It should be a good fit given Legan’s background and interests.

And Some Things Remain the Same

In addition to its own appointments, Council approved Mayor Coleman’s 2012 appointments.

Coleman, who keeps a tight circle and apparently has no problem with nepotism, made no changes to his administrative staff. The brothers Ianiro will continue in their roles as the city’s finance and recreation directors.

The wife of EDC member Dan Greve ("We are not a lifestyle city") was appointed by the mayor to a paid position on the city’s Park & Recreation Commission.