DRAFT
CITY OF ROCKY RIVER
JANUARY 12, 2004
Safety Committee
Working Group on Animal
Control Laws
The meeting of the Safety
Committee was called to order by the Chairman, Mr. Frost, at 7:00 p.m. in the
Committee Room.
Safety Committee Members
Present: Mr. Frost, Mrs.
Bartolozzi
Council members present: Mrs. Bobst
Administration: Mr. Linden
Law Director: Mr. Matty
Safety Committee Working Group
on Animal Control Laws Present:
Fran Gasper, Susan Godfrey,
Jeanne Hoopes, Barbara Oakley,
Dr. Isabel Parraga, Chris Pfeil, Candia Sweet, Jim Skelly,
Donna Snyder, Dr. John Reveley
Mr. Frost introduced the
Director of Law, David Matty, who spoke briefly to the
group, telling them that the depth of their work in recommending amendments to
the Code necessitates that they be sworn in. This committee has been approved by
resolution which gives them the protection extended to boards and
commissions.
Mr. Matty then administered the oath to all members
present. He suggested that they
elect a chairman, vice chairman, secretary and other officers if they wish. He cautioned that their meetings were to be
public and any issues for discussion or recommendation should be done at an open
meeting. He asked that any
questions of a legal nature be forwarded to him through the
chair.
Mr. Frost explained that to
this point, meetings had been held under the auspices of the Safety
Committee. Now that members have
been sworn, the chairman may call meetings and other officers can be
elected.
OLD
BUSINESS:
Enforcement and Public
Awareness:
Dr. Parraga reported on enforcement, having surveyed the
Ohio Revised Code and Rocky River’s Codified Ordinances. Her
recommendations:
A. That more
specificity in process and procedures would help all residents, including pet
owners, to understand the regulations and penalties. She suggested adding specific penalties
for minor misdemeanors, for example, and other violations, either where
violations are described, but more likely in the “definitions” section to avoid
repetition.
B.
That a complaint investigation process or procedure be developed and
added to 505.02. Following an
established procedure protects a City employee and is clear to
residents. This process must
be in harmony with Chapter 505.10.
A draft of such a procedure was submitted. (Exhibit “A”)
C. That
the responsibility for monitoring and enforcing health regulations and
unsanitary conditions be spelled out, i.e. if a resident sees a health hazard,
is it the responsibility of the City or the Board of Health,
etc.
D.
That, as discussed at the Safety Committee meeting of April 14,
increasing the level of
offense based on repetition be incorporated, other than those under 505.13,
Dangerous
and Vicious Dogs.
E.
That the cost of the waiver that is payable with a plea of guilty be
increased.
Ms. Snyder then made
recommendations to increase public awareness.
•
Her first suggestion was to update and republish
the Pet Owner’s Guide. It could
also be distributed through local veterinarians.
•
The website should be updated and include
FAQ. This is an easily understood
format. She noted that our website
does include a registration form for pet owners which
is convenient.
•
Changes made could also be published in the newsletter
and the annual Rocky River Magazine which includes a resident’s reference
guide.
•
New signs
in public parks can inform park users of any changes in
regulations.
•
Dr. Parraga added that Cox
Cable has a community program on which new regulations could be discussed.
Discussion:
Ms.
Pfeil questioned whether adding penalties to each
section might be redundant and add to the bulk of the
Code. Mr. Frost acknowledged that
thought, but applauded the intent of making the penalties easier for residents
to find. He felt it could be most
helpful if the revised Pet Owner’s Guide and the website make penalties
clear.
Mr.
Matty explained that for Part 3 and Part 5 which deal
with traffic and general offenses, penalties are enumerated. For Part 5, they can be found in Chapter
501.99. He suggested
that any revision could contain references to this chapter. If the penalties were to be included
with all sections, the Code would soon reach a size which is unworkable.
Mr.
Linden recalled the difficulty of trying to include everything into a single
pamphlet when the current Pet Owner’s Guide was written.
Ms.
Hoopes related a story which emphasized the importance
of a clearly defined procedure when dealing with
violations.
Mr.
Frost acknowledged all recommendations and reminded the committee that there is
a separation of powers. Procedures
are set by the administration, and any recommendations for changes in the
enforcement of the laws will have to be worked out in cooperation with the
administration.
Mr.
Matty explained that citations can be handled in one
of two ways: they may be written, or if the officer is not certain whether or
not it should be issued, a citation may be referred to the prosecutor who rules
in criminal cases. Once issued,
citations go to the Court and are handled by them. Police officers have discretion in how
offenses are handled. Mr. Matty commented that he would be interested in hearing
recommendations as to penalties for third or fourth
offenses.
Mr.
Frost pointed out that C and D of Dr. Parraga’s
recommendations require Code changes.
For A, work in updating the resident’s guide may be indicated and perhaps
a reference to Chapter 501.99. For
B, the committee might work with Officer Hearn or Mr. Hotz to draft recommendations on paper.
Ms.
Pfeil wondered if the Code is written in terms to
protect the City. Mr. Matty explained that where the Code is criminal in nature,
because of due process, it must be written in such a way that supports
prosecution and so that charges can be proved in court, including elements which
cause offenses to occur.
Because
of time constraints, Ms. Sweet volunteered to defer her presentation on Vicious
Dogs until the next meeting.
Invisible Fencing
Ms.
Godfrey explained, first of all, that Invisible Fencing is a brand name, and the
topic is really electronic pet containment systems. Such systems vary widely from fully
featured professionally installed systems with many options to a very basic
self-installed system.
Rocky River has no requirements and no permit is required.
As to
enforcement, Ms. Godfrey’s recommendation is that no animal should be permitted
to reach the sidewalk. On streets
where there is no sidewalk, six feet from the curb could be used. Once a dog reaches the sidewalk, it
would be treated as any unleashed animal.
In no case should a dog be reintroduced into the area protected by the
containment system. Serious harm
can be caused to the animal.
On
signs, communities vary as to requirements. Ms. Godfrey regards such signs as eye
pollution if there are too many, and does not feel they serve a useful
purpose. Dogs who habitually
escape the system should be treated as dogs at large.
Mr.
Frost asked if there should be minimum or technical requirements, and whether a
permit should be required to install a system. Ms. Godfrey does not believe
so at this time. Mr. Frost
recalled that Bay Village originally banned these systems. They are now permitted, but if the dog
escapes, the system is treated like a fence with a hole. It was suggested that the committee may
wish to define penalties, increasing them for repeat offenders to discourage pet
owners from using an ineffective system.
Ms.
Snyder feels that the sign is useful to alert runners and other pedestrians that
the dog is not loose in the front yard.
Ms.
Pfeil suggested that if systems are regulated, it may
involve the Building Code, i.e. in the placement of wires and other installation
options.
Mr.
Frost suggested that Ms. Godfrey follow up with the Building Commissioner on the
permitting, setback and signage issues. Also to be discussed are whether
dogs out of a system should be held by the Animal Control officer until the
owner can be contacted.
Since
Ms. Sweet is working alone on her topic, Vicious Dogs, she requested help in the
exchange of ideas. Dr. Reveley volunteered.
As the
meeting drew to a close, Mr. Frost recommended that a chairman be
chosen.
MOTION:
Moved by
Mr. Skelly, seconded by Ms. Pfeil that Dr. Parraga serve as chairman.
Dr. Parraga accepted. Moved by Ms. Godfrey
that Ms. Pfeil serve as chairman. Ms. Pfeil
declined.
Vote: Unanimous by voice
vote that Dr. Parraga serve
as Chairman.
PASSED
Moved by
Ms. Hoopes and Ms. Oakley, seconded by Dr. Reveley and others that Ms. Pfeil
serve as vice chairman. Ms. Pfeil
accepted.
Vote: Unanimous by
voice vote that Ms. Pfeil serve as vice chairman.
PASSED
Mr.
Frost commended the group on its work and announced that the next regularly
scheduled meeting with the Safety Committee would be March
8.
The
meeting was adjourned at 8:00 p.m.
_______________________________
_______________________________
Robert S. Frost, Chairman
Misao Kurokawa
Safety Committee
Clerk of
Council
Please
note: This is a draft copy of the minutes of the meeting of the Safety Committee
of January 12, 2004. These minutes
may be revised or amended at the next Legislative Meeting.
DRAFT
CITY OF ROCKY RIVER
JANUARY 12, 2004
Regular meeting of Council was called
to order by Mrs. Bobst, President of Council, at 8:05
p.m.
Council Members Present: Mr.
Gollinger, Mr. Potterfield,
Mr. Frost, Mr. Hurtuk,
Mrs. Bartolozzi, Mr. Hagan, Mrs. Bobst
Administration: Mayor Knoble, Mr. Linden, Ms. Wollenzier, Mr. Lesiecki, Mr.
Koran
The meeting was opened with the
Pledge of Allegiance.
Before the start of the regular
meeting, the Mayor introduced Sgt. Crates and Ptl.
Selong of the Police Department. They were accompanied by the
Department’s newest recruit, Rylo, a 12-week old
purebred German Shepherd enlisted from Schmidt’s of
Macdonia who, in addition to donating the dog, have
donated the services of a certified trainer. Rylo will be
trained in tracking and detecting narcotics. His food will be provided by Petsmart; the Humane Society will eventually provide a vest,
and Gateway Animal Clinic will provide veterinary services. Ptl. Selong is also working with Tom Ganley who is helping through the donation of a vehicle
The minutes of the regular meeting of
December 22 were read and approved as submitted.
MOTION:
Moved by Mrs. Bobst, seconded by Mr. Hurtuk,
that the reading of the minutes of the Special Meeting of January 5 be waived
and that the minutes be accepted as submitted.
Vote:
Gollinger - aye
Potterfield - aye Frost - aye
Hurtuk - aye
Bartolozzi - aye
Hagan - aye
Bobst
-
aye
7 ayes
0 nays
PASSED
MAYOR’S REPORT:
Because the budget must be in place
by the end of the month, the Mayor will be holding budget meetings for the
entire week.
DARE graduations will be held this
week at St. Chris at 10:00 a.m.Thursday, and at Ruffing Montessori on Friday at 10:30. Interested Council members should
contact the Mayor.
Mr. Linden and Mr. Lesiecki attended an annual meeting at the Yacht Club where
interested parties discussed issues of the river, including ice dams, ice
breaking, etc.
The Beautification Committee and the
Recreation Facilities Task Force will both meet tomorrow at 7:00
p.m.
Discussion: Mr. Frost asked if any changes had
been made in policies and procedures concerning the ice buildup since last
year. Mr. Linden said that, to the
best of his knowledge, there were none.
LAW DIRECTOR’S REPORT:
Mr. Matty
reported that a response was requested December 18 for an interim final rule by
the Federal Rail Administration (FRA).
It has been almost 5 years since the train settlement that drastically
reduced train traffic through our City and established a quiet zone. The City was the initiating force,
through the help of Representative Sally Conway Kilbane, in proposing an amendment to Section 2744 of the
Ohio code to include installation, construction and maintenance of safety devices in
quiet zones under governmental immunity.
This would be near tracks where the horn does not have to be sounded.
In the recent communication, a sixty-day time frame was allowed for a
response to the final environmental impact statement and interim rule. Mr. Matty will
continue to participate in the rule-making process and will respond, asking for
action from the FRA which will result in a reduction of total noise by creating
maximums in horn-sounding duration and levels, and establishment of a permanent
quiet zone.
In six months, Mr. Matty requested that the City Engineer investigate the type
of device which would be required to implement the rule. We could be set to be final in a
year. If necessary, he will ask the
Safety Committee to meet to discuss requirements and purchases. This is not necessary at this time, as
he has been authorized by Council to proceed with that immediate
filing.
COMMITTEE
REPORTS:
Safety Committee: Mr. Frost reported that the Safety
Committee had met with the Working Group on Animal Control Laws this
evening. Oaths had been
administered to 11of the 12 members of the group, and members then elected a
chair and vice chair persons. The
group is developing recommendations on animal control laws and hopes to complete
its work in time for legislation to be considered during this calendar
year.
COMMUNICATIONS AND
ANNOUNCEMENTS:
As mentioned by the Mayor, the
Beautification Committee will meet in the Committee Room at City Hall at 7:00
p.m. tomorrow. The Recreation
Facilities Task Force will meet at 7:00 at the Don Umerley Civic Center.
Three Master Plan Stakeholder
Meetings have been scheduled: On January 16, Center Ridge East and West will be
discussed; on January 23, Hilliard, Wooster, and Detroit West, and on February
6, Old Detroit, Middle Detroit, Linda and Yacht Club. All meetings will be at 9:00 a.m. in the
Don Umerley Memorial Hall.
Copies of the 2004 Refuse Pickup
Schedule are being distributed throughout the week.
Parks and Recreation Committee will
meet at 7:00 p.m. on January 26 in the Committee Room. At that time, a presentation will
be made by the Mayor’s Recreation Facilities Task Force.
The Storm Water Management Committee
will meet soon. A representative
from City Council will be chosen, and interested parties should forward a letter
of interest to the Clerk by January 26.
Mr. Gollinger agreed with Mrs. Bobst, and encouraged any one interested in this area to
step forward.
Several letters from area Councils
supporting breast cancer awareness.
Mrs. Bobst has contacted Representative
Kucinich’s office, and when new bill numbers are available, a resolution will be
presented to Council.
Next week’s meeting will be held on
Tuesday, January 20 because of Martin Luther King Day on the
19th.
AUDIENCE PARTICIPATION:
Katherine Berkshire, 1165 Chatham
Place. As chairperson of the Rocky River
2003 Centennial Committee, Mrs. Berkshire expressed her thanks to all who made
the events successful, from residents who attended to committee members, to City
Hall personnel, singling out those who had made a special
effort.
John Brewer, 1948 Wagar Road. Representing the Seniors Council, Mr.
Brewer spoke about the contributions of Joyce Waltz-Umerley who, in her 30 years of service, built the Senior
Center. He asked Council to pass
Resolution No. 4-04 which will authorize the purchase of a plaque to be placed
outside the Senior Center auditorium recognizing her
contributions.
ORDINANCE
NO.
215-03
BY PAMELA E. BOBST
AN EMERGENCY ORDINANCE AMENDING
Rule 7. Order of
Business AND
Rule 14. Passage of
Legislation
OF SECTION 121.01, “RULES OF COUNCIL”, OF THE CODIFIED ORDINANCES OF THE CITY OF
ROCKY RIVER, OHIO, AND AS FURTHER DESCRIBED IN THE ATTACHED EXHIBIT
“A”
3RD
READING
Moved by Mrs. Bobst, seconded by Mr. Hurtuk,
that Ordinance No. 215-03 be passed as read:
Discussion: Mrs. Bobst indicated that this ordinance has been under
consideration for some time. If it
should pass, any ordinance or resolution may be removed and returned to the
regular agenda for any reason.
Should Council decide to do so, the reading of the minutes may also be
placed on this consent agenda.
Vote:
Gollinger - aye
Potterfield
- aye
Frost - aye
Hurtuk - aye
Bartolozzi - aye
Hagan - aye
Bobst - aye
7 ayes
0 nays
PASSED
RESOLUTION
NO. 3-04
BY
MAYOR WILLIAM F. KNOBLE,
LAW DIRECTOR DAVID J. MATTY AND ALL MEMBERS OF
COUNCIL
A RESOLUTION COMMENDING THE ROCKY
RIVER 2003 CENTENNIAL COMMITTEE
1ST
READING
Moved by Mrs. Bobst, seconded by Mr. Gollinger,
that the rule requiring that Resolution No.
3-04 be read
on three separate days be suspended, and that Resolution No. 3-04 be placed upon
its passage:
Discussion: This committee worked for
so long and so diligently that Council would not like to delay recognition of
its important work.
Vote:
Gollinger - aye
Potterfield - aye
Frost - aye
Hurtuk - aye
Bartolozzi - aye
Hagan - aye
Bobst - aye
7 ayes
0 nays
PASSED
Moved by Mrs. Bobst, seconded by Mr. Frost, that Resolution No. 3-04 be
passed as read:
Discussion: At a party last Saturday,
members of the committee celebrated their success. Mr. Potterfield expressed his appreciation to all members of the
committee and noted that he had enjoyed working with them. In turn, Mr. Gollinger and Mr. Matty also
commended the members of the committee.
Vote:
Gollinger - aye
Potterfield - aye
Frost - aye
Hurtuk - aye
Bartolozzi - aye
Hagan - aye
Bobst - aye
7
ayes
0 nays
PASSED
RESOLUTION
NO.
4-04
BY MAYOR WILLIAM F. KNOBLE,
LAW DIRECTOR DAVID J. MATTY AND ALL MEMBERS OF
COUNCIL
A RESOLUTION FORMALLY DEDICATING AND
NAMING THE AUDITORIUM AT THE SENIOR CENTER “THE JOYCE WALTZ-UMERLEY
AUDITORIUM”
1ST
READING
Moved by Mrs. Bobst, seconded by Mr. Gollinger,
that the rule requiring that Resolution No.
4-04 be read
on three separate days be suspended, and that Resolution No. 4-04 be placed upon
its passage:
Discussion: Because the retirement of
Director Umerley is imminent, Council should proceed
with this resolution authorizing a plaque for the Senior Center
auditorium.
Vote:
Gollinger - aye
Potterfield - aye
Frost - aye
Hurtuk - aye
Bartolozzi - aye
Hagan - aye
Bobst - aye
7 ayes
0
nays
PASSED
Moved by Mrs. Bobst, seconded by Mr. Potterfield
and Mrs. Bartolozzi, that Resolution No. 4-04 be passed as read:
Discussion: Mrs. Bobst commented that honoring Director Umerley through the auditorium is appropriate because she
spent so many hours there. The
Mayor added that this will be her last week on the job, so anyone who would like
to wish her well should do so this week.
Vote:
Gollinger - aye
Potterfield - aye Frost - aye
Hurtuk - aye
Bartolozzi - aye
Hagan - aye
Bobst - aye
7 ayes
0 nays
PASSED
ORDINANCE
NO.
5-04
BY PAMELA E. BOBST
AN EMERGENCY ORDINANCE AMENDING
RULE 6. STANDING
COMMITTEES OF
SECTION 121.01, “RULES OF COUNCIL”, OF THE CODIFIED ORDINANCES OF THE CITY OF
ROCKY RIVER, OHIO
1ST READING
Moved by Mrs. Bobst, seconded by Mr. Potterfield, that the rule requiring that Ordinance No. 5-04
be read on three separate days be suspended, and that Ordinance No. 5-04 be
placed upon its passage:
Discussion: This ordinance authorizes
two Code changes to Council committees.
It adds Technology to Buildings and Equipment, and Economic Development
to Planning and Zoning. Since
Council assignments have already been made on that basis, this will bring the
Code up to date. Since the Charter
states that committees must be selected early in the administration, this
ordinance is needed this evening.
Vote:
Gollinger - aye
Potterfield - aye
Frost - aye
Hurtuk - aye
Bartolozzi - aye
Hagan - aye
Bobst - aye
7 ayes
0 nays
PASSED
Moved by Mrs. Bobst, seconded by Mr. Hurtuk,
that Ordinance No. 5-04 be passed as read:
Discussion: See above
discussion.
Vote:
Gollinger - aye
Potterfield - aye
Frost - aye
Hurtuk - aye
Bartolozzi - aye
Hagan - aye
Bobst - aye
7 ayes
0 nays
PASSED
ORDINANCE
NO.
6-04
MAYOR WILLIAM F. KNOBLE
AN EMERGENCY ORDINANCE CREATING
POSITIONS AND FIXING THE ANNUAL SALARIES AND HOURLY RATES FOR THE APPOINTED
EMPLOYEES IN THE SEVERAL DIVISIONS AND DEPARTMENTS OF THE CITY OF ROCKY
RIVER
1ST
READING
Moved by Mrs. Bobst, seconded by Mr. Gollinger,
that the rule requiring that Ordinance No. 6-04 be read on three separate days
be suspended, and that Ordinance No. 6-04 be placed upon its
passage:
Discussion: Since this changes some
salaries, it should be immediately passed so that checks are not delayed.
Vote:
Gollinger - aye
Potterfield - aye
Frost - aye
Hurtuk
- aye
Bartolozzi - aye
Hagan - aye
Bobst - aye
7 ayes
0 nays
PASSED
Moved by Mrs. Bobst, seconded by Mr. Hurtuk,
that Ordinance No. 6-04 be passed as read:
Discussion: The Mayor indicated that
there are two changes in this ordinance: On page 7, Service Division, an
additional position has been created, Assistant Service Commissioner. This was judged to be necessary
because, in the absence of the Commissioner, no one has been available to
supervise operations except the Safety-Service Director. Because supervision is needed at all
times in the Service Garage, the system is not workable. With this new position, in the absence
of the commissioner, one of the men in supervisory positions will step in and
take over the job. Because the
salary was computed using average overtime figures, only a small amount of
additional funding will be required.
The second change is in the Office on
Aging. The position of Director
remains so that Director Umerley can be paid for the
final two weeks. After that, her
position will be split so that there will be a full-time manager of the Senior
Center as well as a Director of Senior Services. It was judged that this was necessary
because there have always been some seniors who will not come to the Center, but
still require services.
Mr. Gollinger asked if the Assistant Service Commissioner will
serve all the time. The Mayor
indicated that he will serve in this position only in the absence of the
Commissioner.
Mr. Hagan asked about the steps in
calculating the Senior Center manager’s salary. The Mayor responded that it was based
upon a comparison of other managerial jobs, and geared to be a percentage lower
than that of the Director of Senior Services.
Vote:
Gollinger - aye
Potterfield - aye
Frost - aye
Hurtuk - aye
Bartolozzi - aye Hagan - aye
Bobst - aye
7 ayes
0 nays
PASSED
ORDINANCE
NO.
7-04
BY
FRANK B. GOLLINGER
AN EMERGENCY ORDINANCE AUTHORIZING
THE SAFETY SERVICE DIRECTOR TO ACCEPT THE FOLLOWING NAME CHANGE: APPLIED
SPECIALTIES, INC. – REPLACING CIBA SPECIALTY CHEMICALS CORPORATION – FOR THE
PURCHASE OF CATIONIC POLYMER FOR THE YEAR 2004, THE THIRD YEAR OF THREE (3) YEAR
CONTRACT FOR THE WASTEWATER TREATMENT PLANT AT A COST OF $1.25 PER POUND AND NOT
TO EXCEED $31,500.00
1ST
READING
Mr. Gollinger requested that this ordinance be held for further
research.
ORDINANCE
NO.
8-04
MAYOR WILLIAM F. KNOBLE
AN ORDINANCE AUTHORIZING THE MAYOR TO
ENTER INTO A CONTRACT WITH AUDITOR OF STATE FOR PROFESSIONAL SERVICES AT A COST
NOT TO EXCEED $14,000.00 AT THE RATE OF $35.00 PER HOUR AND DECLARING AN
EMERGENCY
1ST
READING
Moved by Mrs. Bobst, seconded by Mr. Gollinger,
that the rule requiring that Ordinance No. 8-04 be read on three separate days
be suspended, and that Ordinance No. 8-04 be placed
upon its passage:
Discussion: This ordinance is
something done annually. These
funds provide for the accounting services needed for preparation of the
Comprehensive Annual Financial Report (CAFR). Since this is for the year 2003, it
should not be delayed.
Vote:
Gollinger - aye
Potterfield - aye
Frost - aye
Hurtuk - aye
Bartolozzi - aye
Hagan - aye
Bobst - aye
7 ayes
0 nays
PASSED
Moved by Mrs. Bobst, seconded by Mr. Hagan, that Ordinance
No. 8-04 be passed as read:
Discussion: For several years, we
have successfully used the auditors from the State for this service. Further information is required, so the
WWTP and sanitary sewer reports are not included in this
ordinance.
Vote:
Gollinger - aye Potterfield
- aye
Frost - aye
Hurtuk - aye
Bartolozzi - aye
Hagan - aye
Bobst - aye
7 ayes
0 nays PASSED
MOTION:
Moved by Mrs. Bobst, seconded by Mr. Hurtuk,
that, at her request, an Executive Session be held immediately following the
meeting to consider the compensation of a public employee under Article X,
Section 6, Subsection 1 of the Charter.
Vote:
Gollinger - aye
Potterfield - aye
Frost - aye
Hurtuk - aye
Bartolozzi - aye
Hagan - aye
Bobst - aye
7 ayes
0 nays
PASSED
MISCELLANEOUS BUSINESS:
Lake Road Development
Site: Mrs. Bobst
noted that all Council members had received a copy of the feasibility study done
by City Architecture. The questions
before Council are whether to sell the parcel, and if it is decided to do so,
how best to proceed with the bid process.
Mayor Knoble began by stating that his position is no secret. He has had considerable conversation
with Director Linden and members of the Service Department staff as to their
future needs. Since our community
is developed, needs are easier to project, and it is their opinion that the
existing facility will meet those future needs. Salt storage may be built, but it will
be on the site of the present salt pile, to the rear of the
property.
In further conferences with Mr.
Linden and Mr. Lesiecki, the City Engineer, as well as
two former and the present superintendent of the WWTP, the consensus is that,
although we cannot predict mandates of the EPA, we have sufficient volume at the
WWTP to meet the needs of all communities served, even when built out, i.e. when
Westlake is fully developed. We
even have some additional space within the compound as it exists, or the carbon
tower land could be used if necessary.
With advances in technology, replacement should not require more
land.
In the Mayor’s opinion, the land is
too expensive to lie fallow or be used for recreational
purposes. At present, there has
been approximately $850,000 spent ($85,000 by WWTP). The Mayor favors increasing the tax
base, both real estate and City, and feels it is imperative to convert this
property with a permanent lake view from unused land into an asset. His goal is to move ahead with due
diligence in an expeditious manner.
His memo of 12/19/03 stated his recommendation which would be a two-story
office building.
Mr. Gollinger feels that it makes sense to recover
expenditures. He agrees with the
Administration that this property should generate revenues.
Mr. Potterfield commented that he had read two pages from the
rough draft of the feasibility study which was in favor of keeping the property
as a park. In the revised version
there were a number of issues relative to the land use, and no specific
recommendation was made, although three potential uses were enumerated. The only negative to converting it to a
park is economic.
Mr. Hurtuk
commended the Mayor for his dealing with a problem that he inherited. This land could be a potential
windfall. The real estate market is
starting to resurrect itself as to office and industrial sites. He feels that the best buyer would be a
single user, owner occupied business.
There are not many of that type, but he would support getting this
property to bid as quickly as possible.
He, too, envisions an office use, as in the Mayor’s 12/19
memo.
Mrs. Bobst
referred this matter to the Planning, Zoning and Economic Development Committee
for a final decision on whether the land should be placed on the market. Then, a decision should be made as to
whether or not the property should be rezoned prior to the
sale.
Mr. Matty
has reviewed City Council authority regarding rezoning and is concerned. When it goes to committee, he recommends
thinking about rezoning first so that it is in place before bids are
accepted. Integrity is built into
the Charter, so a Public Hearing on rezoning should not be controlled by
concerns about money or a project.
He will research the legality, but he recommends that Council set the
type of project. Another issue
which needs to be determined:
Council needs to determine that the City has no use for this parcel. Mayor Knoble can make recommendations, but Council must make the
determination. This will be part of
the ordinance.
Mr. Potterfield asked the Law Director if this would be
considered spot zoning since there is no other commercial use on Lake Road. The Law Director will
research.
Northeastern Ohio City Council
Association, Inc. Mrs. Bobst
raised the issue of membership this year at a cost of $400. This organization covers regional issues
and can be helpful to all members of Council. It was decided to renew this
membership.
Mayor Knoble mentioned that there is no meeting next Monday, but
that a Martin Luther King Community Ecumenical Service will be held at Rocky
River Presbyterian Church.
Mr. Potterfield raised the issue of last
Thursday’s BZA approval of variances requested by the Beachcliff Row townhouse project. He asked Council to review this
approval.
He stated that the Mayor had spoken to the BZA, endorsing the project,
and stating that our code is outdated, being designed for development, not
redevelopment. He said that the
Mayor had never stated that to Council.
There was no discussion of hardship other than
economic.
The project has good ideas, but too many units. If the developer were to reduce his
request to 23 units, the need for most variances would disappear. As it is,
variances have been granted for 129% of allowable units, 137% of lot coverage,
140% of height, and 80% of required parking.
This project could set a precedent.
If this developer is given this much latitude, others may expect the same
consideration.
Mrs. Bobst
noted that Council has seven days to decide whether or not to review this
decision, so since minutes will be approved on Thursday, a motion can be made at
this meeting or next. Mr. Matty’s recommendation was that it be done at a legislative
meeting.
Mr. Hurtuk
indicated that he would like to see the minutes of the BZA meeting before making
a decision.
Mrs. Bartolozzi explained that although she is not familiar with
this project, she is opposed to overcrowding, and is therefore concerned about
the granting of density variances.
Mrs. Bobst,
too, stated that she would prefer to see the minutes. She will be searching specifically for
statements of hardship which would justify the variance on the density issue,
and would favor examining minutes for specifics before moving
ahead.
Mr. Matty
suggested that the Clerk obtain minutes on this topic from both meetings so that
Council members can see the entire discussion. Initially, a 30-unit proposal was
tabled which was followed by a 27-unit proposal. He suggested reviewing all that was
before the BZA.
Mr. Hagan asked about the definition
of hardship from the ORC. Mr. Matty referred him to the Rocky River Code, Chapter 1177.11
for a discussion of hardship and practical difficulties. Mr. Matty
noted that those practical difficulties are non-exclusive.
Mayor Knoble pointed out that if Council has questions, Mr. Koran,
BZA members, and the developer are all present. Before next week’s meeting, the Mayor
will issue a statement.
Mr Matty
noted that the Charter provides for a de novo hearing if Council so
chooses. He cautioned that the BZA
speaks only through its minutes, so that Council members should not speak to
individual members, but receive input through the minutes. This method will avoid any errors in
procedure. A special meeting
will be called for discussion of this matter next week.
AUDIENCE
PARTICIPATION:
Shirley Horwatt, 19415 Dorothy Avenue, asked if Ordinance No. 7-04 had
passed. Mr. Gollinger responded that it had been placed on hold pending
further research.
The meeting was adjourned at 9:41
p.m.
_______________________________
_______________________________
Pamela E. Bobst
Misao Kurokawa
President of Council
Clerk
of Council
Please note: This is a draft copy of the minutes of
the Legislative Meeting of January 12, 2004. These minutes may be revised or amended
at the next Legislative Meeting.