Council rejects settlement regarding proposed Sheetz station

by Dan Holland

Sept. 8 city council meeting

Members of Broadview Heights City Council have rejected an offer to settle two lawsuits filed against the city by Sheetz regarding the proposed construction of a 12-pump fueling station and convenience store on the site of a shuttered Rite Aid store at 8085 Broadview Rd.

The proposal to build at the site, first presented by representatives of Sheetz in February, was met with resistance from residents who cited concerns about traffic, noise, light pollution, loitering, a potential increase in criminal activity, safety factors and competition with existing businesses. The business, which would not require any variances from the city, would operate 24 hours a day, seven days a week.

As a result of a Feb. 26 city planning commission meeting, in which members voted 3-1 against granting preliminary approval for conditional use of Sheetz to have fuel islands and a drive-thru food service window on the site, Sheetz filed two legal actions against the city last spring.

During the Sept. 8 meeting, Kevin Butler, an attorney with McDonald Hopkins, the Cleveland law firm representing the city, presented council with a proposed settlement agreement with Sheetz. Butler noted that the judge in the case, which was filed in the Cuyahoga County Court of Common Pleas, had instructed both parties to enter into litigation.

Conditions for the agreement would involve Sheetz contributing $250,000 to the city, which could be used at the city’s discretion for a community benefit – possibly to improve traffic control at the intersection of Broadview and Wallings roads. Additionally, Sheetz would agree not to apply with the Ohio Department of Transportation for the posting of signage along Interstate-77 directing motorists to the fueling location. Sheetz would also designate a parking space for local police to address any safety concerns.

Under the agreement, the site plan review for safety purposes would be conducted by city safety forces personnel and representatives but would exclude elected officials. 

Butler said the proposed agreement could not be amended, noting that his firm would continue to defend the city in court if the agreement was rejected. Although Butler did not advocate for a particular action by the city, he noted that entering into litigation can be risky, as it hands the decision-making process over to a judge.

Butler also noted that the court is deciding on whether the city’s planning commission acted appropriately in its denial of conditional use for Sheetz with the Feb. 26 vote.

“What’s before the court is whether or not the Planning Commission violated the Ohio Revised Code with respect to how it was to behave,” he said. “Did it make a decision that was illegal? Contrary to law? That is to say, not illegal criminally, but contrary to the law; unreasonable, unsupported by a preponderance of the facts on the record. Those are general standards that the court is applying.”

Councilperson Glenn Goodwin referred to the location at Wallings and Broadview roads as the “worst area” to choose in the city to build a Sheetz station, saying he would be willing to entertain alternate locations for the project. He also said Sheetz’ commitment to monitor activities at the station from a remote location would be insufficient in guaranteeing residents’ safety.

Councilperson Joe Price said he did not believe $250,000 would be adequate to address traffic issues at the intersection, adding that he did not want to see Broadview Heights potentially being sold short when compared with amounts offered to other communities Sheetz has applied to build in. “I’m not going to sell my vote for $250,000,” he said.

Ward 1 Council Representative Tom Pavlica cited concerns about safety and additional traffic. He also said it is unfair to ask taxpayers to pay the for a police officer to patrol the site.

“In my opinion, based on what has been shared with me; it was even said tonight – based on zoning code – we are at substantial risk if we leave it to a judge,” said Councilperson Jennifer Mahnic. “I definitely would love to say ‘give it to a judge,’ and let them decide. But I’d rather have control in the decision.”

“What it comes down to is conditional use. That’s what we’re getting sued for,” said Council President Robert Boldt. “That’s all we can argue at this point. … Did the planning commission do enough legally to pass the conditional use denial?”

Boldt explained that at least four affirmative votes from councilmembers were necessary for the matter to be further discussed in an executive session. The vote failed 4-3, with votes against cast by Price, Pavlica, Goodwin and Ward 3 Council Representative Brian Dunlap.

Sept. 15 city council meeting

During a Sept. 15 meeting, councilmembers approved:

• An agreement authorizing participation in the National Opioid Settlement relating to Alvogen, Amneal, Apotex, Hikma, Indivior, Mylan, Sun and Zydus.
• An agreement with James G. Zupka C.P.A for professional accounting services for accounting years 2025-2029.
• A resolution accepting a donation to the fire department from Patricia Barney.

An agreement with Hartville Outdoor Products for a shed for Safety Town.