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Minutes of the Special Meeting of Council <br />Monday, June 4, 2012 <br />Page 5 <br />Mr. Cannatta stated, okay. As we go back to Plamiing now, we are all going to have the <br />understanding that we have these variances in place and those cannot be appealed any more. Is <br />that correct? <br />Ms. Calta replied, that would be correct, so long as they don't change. <br />Council President Buckholtz stated, that was the idea of taking the oath: We are on the record <br />here. So typically when we do larger scale projects, there's something along the lines of a <br />Development Agreement. I don't think you need something very cumbersome. We have been <br />following a little bit. I know you guys have had discussions and there's been some good ideas <br />passed back and forth. Mr. Kinnaird is clear that it's on you to provide the screening and some <br />drainage without taking up his whole property. It sounds like you are amenable to this kind of <br />arrangement. This would just go on to P&Z. <br />Mr. Cannatta stated, we have told him we will work with him throughout the process. As we go <br />to Planning, it will be public record and he will be able to see what the engineering is. I just <br />wanted to make sure because he is not represented here by an attorney that he really is, he knows <br />what he is doing when he is withdrawing his appeal and now he is losing that right. Maybe I am <br />sticking myself in the foot here, but I just wanted to make sure that he's fully aware and on <br />notice that that's the situation. <br />Council President Buckholtz stated, that's showing that you are a standup guy with your concern. <br />I am going to turn this over to two people, but what I was trying to explain to Mr. Kiunaird as <br />well in a different way is he is automatically represented here. He's a taxpayer. He's a resident <br />of Mayfield Village. He's represented by the Building Commissioner and our Planning and <br />Development Department. That's what-all elected officials and what the Administration is here <br />for. So, we have a responsibility to him and if you are coming in to become a commercial <br />resident so to speak, then we have an obligation to you as well. <br />John, Dave, you both had comments? <br />John Marrelli stated, I had a suggestion for Mr. Kinnaird if he is interested. Because the fmal <br />drainage plans haven't been developed and you can speak of mounds and you can speak of trees <br />and fences and things, but until they are on paper and they are on a plan that is approved, you <br />might want to withhold giving up your right. I'm not a lawyer, but if thax was me, I would wait <br />until I saw it in writing. <br />Mr. Cannatta stated, that's exactly what I am talking about. We are here to talk about the <br />variances and only the variances. He put in for an appeal to object to one or all of the variances. <br />He withdrew his appeal. He is going to have an opportunity talk at the next Planning meeting <br />when we have specific drawings and plans. That's another matter. We will put up a 10 foot fence <br />if you want. I know you are all representing him, but I don't want this to come back to us. <br />Council President Buckholtz stated, John, it's already come from the Law Department that in <br />order to go forward to Planning and Zoning stage, he has to be clear of these variances one way <br />or another.