DRAFT

CITY OF ROCKY RIVER

FEBRUARY 9, 2004

Planning, Zoning and Economic Development Committee

The meeting of the Planning, Zoning and Economic Development Committee was called to order by the Chairman, Mr. Potterfield, at 7:00 p.m. in the Committee Room.

Planning, Zoning and Economic Development Committee Members Present:

Mr. Potterfield, Mrs. Bartolozzi, Mr. Gollinger, Mr. Hurtuk

Council members present: Mr. Frost, Mr. Hagan, Mrs. Bobst

Administration: Mr. Linden, Mr. Lesiecki, Mr. Patterson, Mr. Koran, Mr. Harrington

Law Director: Mr. Matty

Mr. Potterfield opened the meeting by stating its object, to review and discuss the land north of the Service Garage on Lake Road designated as the Lake Road Development Site. It consists of 4.3 acres as shown in overview photos distributed to Council members by Mr. Lesiecki, the City Engineer who briefly described the land. Mr. Potterfield noted that in removing dirt from the property, approximately $800,000 has been spent to date. City Architecture has done a feasibility study, and the first question this evening is whether the land is needed by the City.

• •Mr. Potterfield first called upon Mr. Linden, who commented that this property in front of the Service Garage would not be needed for future use. He did observe, however, that the land behind the garage would be very useful at some point in the future. It could be useful to stockpile needed dirt, trees, or leaves.

• •Next to speak was Mr. Harrington, Superintendent of the WWTP. Mr. Harrington indicated that a recent expansion consisting of four new tanks on the southeast corner of the plant had been undertaken in 1999. This was mandated by the EPA to increase the primary process capacity to 128 mgd to capture excess flow and eliminate plant bypassing of storm water during heavy storms.

As to future needs, it is possible that expansion of dry weather capacity may be required if 75% of present capacity is reached. Presently the average flow is 12.9 mgd and the capacity is 22 mgd. The last expansion addressed wet weather capacity for the near future. The only possible factor could be the population growth in Westlake. In 1981, the facility plan was to increase to 45 mgd in anticipation of a 2000 population in excess of 100,000. The actual population growth has been slower, and the population served presently is approximately 86,000. Even if the population grows to higher numbers, increased technology might be able to solve the problem.

The other process which could require expansion is sludge handling. This could require

another tank, but if so would probably be placed near the present buildings. At any rate,

Mr. Harrington did not foresee any changes in the next five years. A flow and strength

study will be conducted this fall which will determine the percentage paid by each city. In

any case, Mr. Harrington indicated that the property near Lake Road would not be of use

to the plant, as it is too far from the present buildings.

• •Mr. Patterson, the Director of Recreation, was next asked if the site would be needed for the Recreation Department. He indicated that he was very familiar with the property, and realized that because of the differing levels, less than 2˝ acres would actually be available. To make it larger by bringing in more dirt or trucking some out would be very costly. Other factors also make it less than ideal for recreational use such as the traffic to and from the Service Garage, the location in one corner of the City making it less accessible, and the City Architecture-recommended parking across the street making it dangerous for children crossing Lake Road. Financially, other options are better, since this is not large enough to bring a worthwhile return on what would be a $1 million investment.

Mr. Potterfield mentioned that some alternatives might include leasing land from the

schools or from Magnificat upon occasion. Since this is the only usable land owned by the

City, should it remain under consideration for recreation? Mr. Patterson responded that

St. Demetrios has 17 acres and negotiations could reopen with them. Also the schools

have fields available and are more centrally located.

• •Mr. Lesiecki, the City Engineer stated that he had no opinion on the usable value of the property. He wished to provide information on technical issues to be considered in selling it. One problem would be the present location of the gas and water lines and utilities. If relocation is considered, he suggested the western section and indicated that a 20' wide segment would be needed. Of the 4.3 acres, probably 3.5 would be usable. Mr. Hurtuk pointed out that parking can be located over the existing lines with an easement. The lines would be 6' to 8' below existing grade. Referring to another map distributed by the engineer, Mr. Harrington explained the uses and dimensions of various lines and pipes crossing the property, e.g. the influent line to the west is 30" in diameter, while the main effluent is 50" in diameter and the relief is 48" in diameter. The gas lines are 4" and the water lines, 6" and 8", and Mr. Lesiecki pointed out that to relocate them would require an additional 1000' of each pipe. Financially, this would have an impact, with City Architecture estimating the cost at $300,000 to relocate them to the Service Center.

• •Another issue is the environmental assessment which Mr. Lesiecki explained has two phases, the historical use of the land, which we already know, and borings for environmental sampling.

At this point, Mr. Potterfield asked if we would do this before sale of the property. He also asked about liability and the consequences.

Mr. Matty stated that when the tests are done, whatever the results, the City is responsible. Doing the tests now would let Council know what risks are present.

The next question raised was the depth of samples necessary. Mr. Lesiecki

estimated that it would require 19-20' to get to the level of Lake Road, or base grade.

Mr. Gollinger asked if we spend more to do these tests and remedy any problems,

whether we would be able to indicate an overall expectation of what we would receive. Mr. Matty said that was possible by setting a minimum bid.

• •Mr. Hurtuk asked Mr. Koran if grants could be accessed to help check for environmental problems. Mr. Koran pointed out that the county has a Brownfield Program which can reimburse a developer for 25% of its total project costs in neutralizing hazardous conditions. He was not aware of any state programs, but explained that if the situation arises, we can investigate sources of help from the state. He then continued, noting that there are two issues: the environmental, is the soil hazardous, and secondly, is the soil buildable. If it is not sufficiently compacted, it may have to be returned to original grade or piers constructed to bedrock. Either issue will be a factor in the development cost.



• •Mr. Hagan pointed out that the need for study of the soil is being created by the sale of the property. Mr. Hurtuk commented that he felt that a developer would probably remove the excess soil. Mr. Matty asked if the gas and water lines will need to be moved. His answer was yes. It was suggested that earlier core testing, done before expansion of the plant in 1999 might be helpful if they were available. Mr. Lesiecki pointed out that most of that soil would already have been removed.

Mr. Potterfield recalled participants to the original question of whether the land be needed for future use, or is surplus that can be sold. Mr. Gollinger summarized the points made in the discussion, pointing out that the WWTP will probably not use it because even if expansion is needed, it is too far from the present digesters, that it is too small for the recreation needs of the City, and that the presence of Bradstreet's Landing across the street will serve residents who want a park. He said there is no reason not to move forward and provide the City with increased income.

Mr. Potterfield acknowledged that he has always had a problem with the sale of City land because no more is available. The City will continue to change and grow and its needs may change, also. He stated that his personal position is that the land not be sold, but that he would entertain a motion.

MOTION:

Moved by Mr. Hurtuk, seconded by Mr. Gollinger, the Lake Road property in question be reviewed as to usage and potential sale.

Discussion: Mr. Gollinger stated his opinion that the City should capitalize on the opportunity presented by property that will not be needed by the City in the near future to increase its revenues. Should some future need develop, that problem can be addressed at that time.

Vote: Potterfield - nay Bartolozzi - aye Gollinger - aye Hurtuk - aye

3 ayes 1 nay PASSED

Mr. Potterfield then asked the Law Director if Council should look at potential zonings for the site. Mr. Matty pointed out that there are several issues including documentation for easements. Whether or not there are easements or if the lines are relocated can be dealt with within the document. The EPA is another issue.

Mr. Koran asked if we need the legal description immediately, since it will be expensive, before we know what we are going to sell through environmental testing. In response to Council questions, Mr. Lesiecki thought it would take a few months to do environmental testing. He felt the property should be sold with an easement for utility maintenance. Mr. Matty said that on the question of relocation of lines, the location could be reserved. Mr. Lesiecki pointed out that it is helpful to know where they are going so that it can be reserved.

A meeting will be scheduled within the next two weeks to discuss zoning issues.

Mr. Koran made the point that it would be helpful to know what the environmental tests show before we invest more money in the property. Mr. Lesiecki agreed, and will get prices on the testing. Mr. Potterfield also agreed that Council should go through EPA Phase 1 and 2 testing before going forward, even though the Committee has voted to review the property for sale. Mr. Matty said there should be no problem unless there are hazardous wastes. He pointed out that because a zoning ordinance must be read three times and a public hearing held, he recommended that that part of the process proceed at the same time as the environmental tests. Mr. Lesiecki can have a company stand by for legal descriptions when the results of testing become available.

There was no further discussion from Council, and the meeting was adjourned at 8:00 p.m.

_______________________________ _______________________________

Earl W. Potterfield, Chairman Misao Kurokawa

Planning, Zoning and Economic Clerk of Council

Development Committee

DRAFT

CITY OF ROCKY RIVER

FEBRUARY 9, 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,

Mr. Patterson, Mr. Harrington

Press: Mr. White

The meeting was opened with the Pledge of Allegiance.

Mrs. Bobst reminded Council members that at the last Legislative Meeting, they had voted to consider meeting minutes under consent so that legislative minutes will no longer be read aloud. No changes were requested.

MOTION:

Moved by Mrs. Bobst, seconded by Mr. Hagan, that the reading of the minutes of the Legislative Meeting of January 26 and Committee-of-the-Whole of February 2 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:

Mayor Knoble introduced Mr. Koran, Director of Economic and Community Development. Mr. Koran announced the good news that the City had been awarded two grants previously applied for. The first, for $300,000,will be used for streetscaping improvements to Detroit Road between Smith Ct. and Linda St, the three gateways to the City from Lakewood, Detroit Road east of Linda, and W. 192 St. The City will contribute $80,000 as its matching share. Among improvements planned for different sites in those areas are sidewalk replacement, ADA curb ramps, paving bricks, trees, benches and trash receptacles. The Beautification Committee is gearing up to help in the implementation of the plans.

The second grant is for exterior maintenance. The City has been awarded $20,000 and will contribute $4320 of matching funds which will be used to help four or five residents (possibly seniors because of income eligibility) to make needed repairs to the outside of their homes.

Mr. Matty pointed out that the Fair Housing section added to the Code was of assistance and thanked Mr. Koran for bringing it to Council's attention.

Mr. Koran thanked Ron Gottschalk, and Heather Wagner for their work on the application.

The Mayor then added that the Fire Department, not to be outdone, has been awarded a grant through the efforts of Lt. Bednarsky and Chief Flynn. Because their vehicles are diesel-powered, exhaust can rise to dangerous levels in the garage. The department applied for and received $40,500 toward the installation of an exhaust removal system to which the City will contribute $4500 to cover the cost, and making the air safer to breathe in the building.

Gates have been installed at the end of Westover, effectively converting it to a cul-de-sac street. The street will still be easily passable for emergency vehicles.

Monday, February 16, City Hall will be closed in observance of Presidents' Day

The Beautification Committee will meet tomorrow at 7:00 p.m.

LAW DIRECTOR'S REPORT:

Mr. Matty requested an Executive Session immediately following the Legislative Meeting to discuss a matter of pending or imminent litigation.

The Law Director has had discussions with Director Patterson and Mr. Ted Blank on a new turf field. Because of the timetable, he has produced a draft of a use agreement for the Contracts Committee. The schools will seek bids and borrow for the project. The contract will go to Mr. Hagan, and if the budget is passed as proposed, the school district's plan is to have bids returned and the new field installed by the beginning of August.

Friday, a SAFE meeting was held at the airport for follow-up with the new airport administration. Mr. Matty has provided the previous history of airport operations before current studies. Airport traffic will be routed, in round numbers, 70% to the southwest and 30% northeast. He will continue to work with Mr. Mok on issues that affect us.

COMMITTEE REPORTS:

Safety Committee: Mr. Frost reported that the Working Group on Animal Control Laws has scheduled a meeting for Thursday, February 12 at 7:00 p.m. in the Committee Room. Safety Committee members are not required to attend this meeting, but will be welcome, as all Council members, to attend. Dr. Parraga, the Chairman of the Working Group, has notified Mr. Frost that the agenda will include two presentations-one on vicious dogs, the other on cats.

Planning, Zoning and Economic Development Committee: Mr. Potterfield reported that his committee met this evening. He is waiting for more information from Mr. Lesiecki. The Committee discussed the land in front of the Service Garage which will be reviewed and potentially offered for sale. The next meeting date will be determined soon and announced.

Finance Committee: Mr. Hurtuk noted that Council's budget books are substantially complete and have been received. Readings of the ordinance will begin this evening; the second on February 23 with the Public Hearing on March 1 and the final reading on March 8 when he will decide how to proceed. Committee meetings will be held on Wednesday, March 18 from 2 to 4 p.m., a change from the original schedule. The second will be February 23 at 6:30 in the Committee Room, and tentatively, if needed, the third will be March 1 at 6:30 p.m.

Environmental Committee: Mr. Gollinger reported that the SAFE Committee, as reported by the Law Director, met on Friday. He will provide a report shortly, after conferring with the Mayor. He also announced that he has called a meeting of the Environmental Committee for Tuesday, March 17 at 7:30 p.m. in the Committee Room to discuss 3 items which will be announced.

COMMUNICATIONS AND ANNOUNCEMENTS:

A letter has been received from Fred Sokol, 20021 Parkview, concerning the treatment of citizens by elected officials. (Exhibit "A")

A pack of materials from Robert Linden, 3589 Delmar Drive, regarding this evening's Ordinance No. 19-04. (Exhibit "B")

Mr. Hurtuk expressed appreciation to Mr. Linden for his thorough packet of materials.

A letter has been received from John Kelley of Whittlesay Ln. on sound barriers. (Exhibit "C")

AUDIENCE PARTICIPATION:

Robert Linden, 3589 Delmar Drive spoke on Ordinance No. 19-04. This ordinance, which restricts the size of platforms in play structures to 100 sq. ft, is, he feels, too confining. The size permitted should have some relation to the size of the lot. He feels he should be able to use his large lot.

Michael Baskin, Executive Director of Community Challenge: spoke on behalf of his organization whose contract is attached to Ordinance No. 18-04. Mr. Baskin described goals and strategies, emphasizing their programs which aim to delay the onset of substance abuse or addictions. He also discussed the new program for this year, Challenge Day, for middle school students to be held on March 4 and 5. This program addresses violence, racism, teasing, stereotypes and substance abuse. Although Community Challenge does not usually conduct one-day or two-day programs, Mr. Baskin feels that this one will be successful because of the follow-up possible.

Mrs. Bartolozzi asked if there are recidivism statistics on first offenders in their program. Mr. Baskin said that there are, but he did not have them with him. Mrs. Bartolozzi also spoke very highly of the Challenge Day program and has volunteered to help with it.

ORDINANCE NO. 18-04 BY BRIAN A. HURTUK

AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO ENTER INTO AN AGREEMENT WITH COMMUNITY CHALLENGE TO PROVIDE CERTAIN SOCIAL SERVICES BENEFICIAL TO THE CITY FOR THE SUM OF $53,500.00 AND DECLARING AN EMERGENCY

1^ST READING

Mr. Hurtuk indicated that this ordinance will be on a first reading to give Council time to see the ordinance in the context of the budget. He plans to read the ordinance for the second time on the 23^rd and proceed with a rule suspension and vote.

ORDINANCE NO. 19-04 BY EARL W. POTTERFIELD

AN EMERGENCY ORDINANCE AMENDING SECTION 1143.09(d), ENTITLED "YARDS FOR ACCESSORY BUILDINGS AND USES (STANDARD)", OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, BY ADDING SUBSECTION (4) AND AS FURTHER DESCRIBED IN EXHIBIT "A"

1^ST READING

This ordinance has had a first reading and will be referred to the Planning Commission for consideration at their upcoming meeting on February 17.

RESOLUTION NO. 20-04 BY MAYOR WILLIAM F. KNOBLE

AN EMERGENCY RESOLUTION AUTHORIZING THE DIRECTOR OF LAW TO FILE A RESPONSE TO THE FEDERAL RAIL ADMINISTRATION'S NOTICE OF INTERIM FINAL RULE CONCERNING THE IMPLEMENTATION OF A STATUTORY REQUIREMENT THAT A LOCOMOTIVE HORN SOUND AT EACH HIGHWAY-RAIL GRADE CROSSING UNLESS CERTAIN EXCEPTIONS ARE MET

1^ST READING

Moved by Mrs. Bobst, seconded by Mr. Gollinger, that the rule requiring that Ordinance No. 20-04 be read on three separate days be suspended, and that Ordinance No. 20-04 be placed upon its passage:

Discussion: Council has discussed this ordinance on several occasions. It should move forward as soon as possible since there is a deadline for response.

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. Gollinger, that Ordinance No. 20-04 be passed as read:

Discussion: Reading from a letter from Mr. Matty to the Department of Transportation, which is attached to the ordinance, Mrs. Bobst quoted Mr. Matty's reasons for the establishment of a quiet zone for the benefit of Rocky River residents.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Hurtuk - aye Bartolozzi - aye Hagan - aye

Bobst - aye

7 ayes 0 nays PASSED

ORDINANCE NO. 21-04 BY BRIAN A. HURTUK

AN EMERGENCY ORDINANCE TO MAKE APPROPRIATIONS FOR CURRENT EXPENSES OF THE CITY OF ROCKY RIVER, OHIO, DURING THE FISCAL YEAR ENDING DECEMBER 31, 2004

1^ST READING

This is the first reading. Mr. Hurtuk noted that budget discussions will begin next Wednesday.

ORDINANCE NO. 22-04 BY ROBERT S. FROST

AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO ENTER INTO A CONTRACT WITH FABRIZI TRUCKING & PAVING CO., INC. FOR THE REPAIR OR REPLACEMENT OF AN UNDETERMINED NUMBER OF DAMAGED FIRE HYDRANTS WITHIN THE CITY OF ROCKY RIVER FOR A PERIOD OF ONE (1) YEAR NOT TO EXCEED $25,000.00 PER YEAR AND AS FURTHER DESCRIBED IN EXHIBIT "A"

1^ST READING

This ordinance also is on a first reading. Mr. Frost has discussed it with Mr. Linden. In case of questions, Mr. Frost would like to discuss it at the next meeting of the Committee-of-the-Whole, then his intention is to move for a vote two weeks from tonight.

ORDINANCE NO. 23-04 BY LINDA S. BARTOLOZZI

AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO ENTER INTO CONTRACT WITH ABCO FIRE PROTECTION INC., FOR THE GENERAL MAINTENANCE AND EMERGENCY REPAIR OF FIRE SUPPRESSION SYSTEMS WITHIN BUILDINGS OWNED BY THE CITY OF ROCKY RIVER FOR A PERIOD OF ONE (1) YEAR NOT TO EXCEED $20,000.00 PER YEAR

1^ST READING

As with the prior ordinances, Mrs. Bartolozzi would like to place this ordinance on a first reading and open it to discussion at the next Committee-of-the-Whole with action at the next Legislative Meeting.

ORDINANCE NO. 24-04 BY PAMELA E. BOBST

AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE AN UNDETERMINED NUMBER OF T-SHIRTS FOR THE CITY OF ROCKY RIVER FROM NATIONAL SCREEN PRODUCTIONS

1^ST READING

Moved by Mrs. Bobst, seconded by Mr. Hurtuk, that the rule requiring that Ordinance No. 24-04 be read on three separate days be suspended, and that Ordinance No. 24-04 be placed upon its passage:

Discussion: This is an annual ordinance, and Council has received considerable documentation from Director Patterson. This should not be delayed because the City has commitments and many programs which need their t-shirts.

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. 24-04 be passed as read:

Discussion: This is more complicated because printing and scheduling are important. Last year, with a different provider, there were some problems with timely delivery, and a return to this vendor, used in 2002, should assure success. Mr. Patterson came forward to say that they were very pleased with National Screen Productions, partly because they have a graphic artist on their staff to help in design and they had a good record of timely delivery.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Hurtuk - aye Bartolozzi - aye Hagan - aye

Bobst - aye

7 ayes 0 nays PASSED

ORDINANCE NO. 25-04 BY BRIAN A. HURTUK

AN EMERGENCY ORDINANCE AUTHORIZING THE REIMBURSEMENT FOR EXPENSES ACCRUED FOR THE CONSTRUCTION OF THE ORCHARD PARK/BATES ROAD AREA WATERLINE IMPROVEMENTS IN THE AMOUNT NOT TO EXCEED $1,900,000.00

1^ST READING

Moved by Mr. Hurtuk, seconded by Mr. Gollinger, that the rule requiring that Ordinance No. 25-04 be read on three separate days be suspended, and that Ordinance No. 25-04 be placed upon its passage:

Discussion: On 1/26/04, a contract with DiGioia was passed which authorized a contract for construction of the waterlines and authorized funding for our share. Since this project can be started before bonds are issued, 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 Mr. Hurtuk, seconded by Mr. Gollinger, that Ordinance No. 25-04 be passed as read:

Discussion: These bonds will be for 25 years at 4.25% to 4.5%. Mr. Hurtuk acknowledged that it would be prudent to take advantage of those rates. Mr. Gollinger noted that it makes sense to fund long-term projects with long-term funds.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Hurtuk - aye Bartolozzi - aye Hagan - aye

Bobst - aye

7 ayes 0 nays PASSED

ORDINANCE NO. 26-04 BY PAMELA E. BOBST

AN EMERGENCY ORDINANCE AUTHORIZING ADDITIONAL SERVICES ALREADY PERFORMED BY BRANDSTETTER CARROLL ZOFCIN INC. RELATIVE TO PROFESSIONAL DESIGN SERVICES FOR RENOVATION OF THE OUTDOOR AQUATIC FACILITY IN AN AMOUNT NOT TO EXCEED $5,887.50

1^ST READING

Moved by Mrs. Bobst, seconded by Mrs. Bartolozzi, that the rule requiring that Ordinance No. 26-04 be read on three separate days be suspended, and that Ordinance No. 26-04 be placed upon its passage:

Discussion: As discussed at last week's Committee-of-the-Whole, this ordinance covers services rendered last fall, and the next ordinance will be for new bidding in preparation for a project this fall. Since these services have been rendered, payment 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 Mrs. Bartolozzi, that Ordinance No. 26-04 be passed as read:

Discussion: Mr. Frost asked if this fee was contemplated in Ordinance No. 126-03 when the original contract was passed. Mr. Lesiecki said that it was originally included, but was negotiated out on the chance that the project might not go that far at that time. Since Council decided to go to bid, the services were required, and the contract was not amended.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Hurtuk - aye Bartolozzi - aye Hagan - aye

Bobst - aye

7 ayes 0 nays PASSED

ORDINANCE NO. 27-04 BY PAMELA E. BOBST

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO AMEND THE CONTRACT WITH BRANDSTETTER CARROLL ZOFCIN INC. RELATIVE TO PROFESSIONAL DESIGN SERVICES FOR RENOVATION OF THE OUTDOOR AQUATIC FACILITY IN AN AMOUNT NOT TO EXCEED $5,887.50

1^ST READING

Moved by Mrs. Bobst, seconded by Mr. Hurtuk and Mrs. Bartolozzi, that the rule requiring that Ordinance No. 27-04 be read on three separate days be suspended, and that Ordinance No. 27-04 be placed upon its passage:

Discussion: As explained in the preceding ordinance, this will be for the second round of bidding in preparation for the 2004 project.

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 and Mrs. Bartolozzi, that Ordinance No. 27-04 be passed as read:

Discussion: Asked when bids were expected, Mr. Lesiecki responded that after preparation of the documents and advertising for bids, results should be presented to Council at the end of March or the beginning of April.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Hurtuk - aye Bartolozzi - aye Hagan - aye

Bobst - aye

7 ayes 0 nays PASSED

ORDINANCE NO. 28-04 BY BRIAN F. HAGAN

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH DIGIOIA-SUBURBAN EXCAVATING, LLC FOR THE HILLIARD BOULEVARD SANITARY SEWER IMPROVEMENTS EASTERN AREA IN AN AMOUNT NOT TO EXCEED $392,895.00

1^ST READING

Mr. Hagan indicated that he will allow this ordinance to be on first reading and discussion at the next Committee-of-the-Whole after review of the budget. He added that he expects to move for a vote at the next Legislative Meeting.

ORDINANCE NO. 29-04 BY BRIAN F. HAGAN

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH FABRIZI TRUCKING AND PAVING FOR THE HILLIARD BOULEVARD SANITARY SEWER IMPROVEMENTS WESTERN AREA IN AN AMOUNT NOT TO EXCEED $323,470.00

1^ST READING

As above, this ordinance for the second part of the project will also be on first reading for further discussion.

ORDINANCE NO. 30-04 BY BRIAN F. HAGAN

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH GGJ, INC. FOR CONTRACT ADMINISTRATION SERVICES DURING CONSTRUCTION OF THE HILLIARD BOULEVARD SANITARY SEWER IMPROVEMENTS AT A COST NOT TO EXCEED $17,200.00

1^ST READING

Because this ordinance is tied to the two which preceded it, it also will be held for discussion and consideration at the next Legislative Meeting.

MOTION:

Moved by Mrs. Bobst, seconded by Mr. Hurtuk, at the request of the Law Director, that an Executive Session be held immediately following the meeting in order to hold a conference with an attorney for the public body concerning disputes involving the public body that are the subject of pending or imminent court action.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Hurtuk - aye Bartolozzi - aye Hagan - aye

Bobst - aye

7 ayes 0 nays PASSED

MISCELLANEOUS BUSINESS:

Mr. Gollinger mentioned that this past week, at the Master Plan Stakeholder meeting, plans were presented for Old Detroit, downtown Rocky River and the Yacht Club Basin areas. There was a good turnout, and despite some digression to complaints about current conditions, good input resulted. Mrs. Bobst agreed, noting that there were many thoughtful comments.

Mrs. Bobst reminded all in attendance that next week's Committee-of-the-Whole will meet on Tuesday, February 17 because of the Monday holiday.

Mr. Matty asked the clerk to be sure there would be no conflict because of a Planning Commission meeting at 7:00 on that Tuesday. Because there is a one-item agenda, that meeting should be recessed before the meeting of the Environmental Committee.

He also asked that, in the absence of objections, Ordinances No. 22-04, 23-04, 28-04, 29-04 and 30-04 be placed on the consent agenda. Mrs. Bobst explained that there was no consent agenda this week because those which were given to Council last week required more discussion, and all the others were new.

AUDIENCE PARTICIPATION: NONE

The meeting was adjourned at 9:04 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 February 9, 2004. These minutes may be amended or revised at the next Legislative Meeting.