DRAFT
CITY OF ROCKY RIVER
FEBRUARY 14, 2005
Regular meeting of Council was called to order by Mrs. Bobst, President of Council, at 8:00 p.m.
Council Members Present: Mr. Gollinger, Mr. Potterfield, Mr. Frost, Mr. Hurtuk,
Mrs. Bartolozzi, Mr. Hagan, Mrs. Bobst
Administration: Mayor Knoble, Mr. Linden, Mr. Thomas, Mr. Lesiecki
Law Director: Mr. Matty
Press: Mrs. McKenzie
The meeting was opened with the Pledge of Allegiance. Mrs. Bobst noted that the meeting was being recorded by a resident.
MOTION:
Moved by Mrs. Bobst, seconded by Mr. Hagan, that the reading of the minutes of the Legislative Meeting of January 24, the Special Meeting of January 26, and the meeting of the Committee-of-the-Whole and Executive Session of February 7 be waived and that the minutes be accepted as submitted.
Vote: Gollinger - aye Potterfield - aye Hurtuk - aye
Bartolozzi - aye Hagan - aye Bobst - aye
6 ayes 0 nays PASSED
Minutes of committee meetings will be dealt with at the next scheduled meeting of the committee.
MAYOR'S REPORT:
As many saw on television, last Friday the Mayor attended an organizational meeting, called by Representative Kucinich, with other west side mayors and elected officials in an attempt to prevent the layoffs of 700 NASA workers. The Mayor noted that many Rocky River residents are NASA employees, and although the majority of officials were Democrats, he felt strongly that this is not a partisan issue, but rather a resident issue.
Other meetings he attended last week were the Westshore Council of Governments, Tri-City Park Board and the Board of the WWTP. At the latter meeting, the Board unanimously approved and adopted the contract already passed by Council with the WWTP workers.
The Senior Services department is preparing for the Volunteer Luncheon this Friday which will recognize the invaluable services of over 150 volunteers who have donated a total of 10,000 hours toward the operation of this facility.
The Beautification Committee met last Thursday and accepted the resignation of Laurie Inks as chairperson. The Mayor commented that Ms. Inks and her committee have done a terrific job, and he appreciated their service. Although committee members are in charge of specific areas, no one volunteered to steer the committee as a whole, so the Mayor will temporarily run the meetings and coordinate the activities of the committee. In this way, although there is no official chairperson, the work of the committee can proceed.
LAW DIRECTOR'S REPORT:
Mr. Matty reported that last week, two lawsuits were filed against the City:
Mr. Matty has received from Director Koran proposals for property zoned for apartments, R-4. This relates to discussion last week that Council may consider incentives for developers proposing fewer dwelling units than allowed by the Code for properties zoned R-4. Mr. Matty recommended that following preliminary discussion at the Committee-of-the-Whole next week, Council receive further input from Mr. Koran at his regular appearance at the March 7 meeting as to his proposals and recommendations.
On the BZA agenda last week, the hearing for James Gawronski had to be withdrawn because of a notification error. A Special Meeting has been scheduled, and Mr. Matty asked Council to waive the customary $200 fee because Mr. Gawronski was not at fault, and prompt adjudication of the issue is necessary for Mr. Gawronski's project.
An ordinance was distributed this evening which amends the agreement with the Westshore COG for a central dispatch center. Mr. Matty commented that the former agreement, signed in Ordinance No. 134-04 is not in concert with the ordinance passed in Westlake. Changes are indicated in bold print.
Finally, the Law Director requested an Executive Session to discuss a matter of pending litigation.
MOTION:
Moved by Mrs. Bobst, seconded by Mr. Gollinger, that the fee for a Special Meeting of the BZA, due to a notification error, be waived for Mr. James Gawronski.
Discussion: The meeting has already been rescheduled with proper notification since Mr. Gawronski's project is awaiting a decision. The resident should not be penalized for an error on the part of the City.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
Bobst - aye
7 ayes 0 nays PASSED
COMMITTEE REPORTS: NONE
COMMUNICATIONS AND ANNOUNCEMENTS:
Mrs. Bobst announced that Ordinance No. 24-05 will be discussed at the next Committee-of-the-Whole. That committee meeting will be held on Tuesday, February 22, as Monday is the official observance of Presidents' Day.
A meeting of the Economic and Community Development Advisory Board will be held in Director Koran's office on February 24 at 9:00 a.m.
A note accompanied by an article about a 311 phone system has been received from Ms. Clarys Holliday of Cliffside Commons. Mrs. Bobst has shared the article with the Mayor. (Exhibit "A")
Mr. Gollinger announced a meeting of the Rocky River Watershed Council which will be hosted by Rocky River on February 24. The meeting will be held at the Don Umerley Civic Center at 7:00 p.m., and will feature a representative from the Cleveland Department of Port Control regarding the environmental programs at Hopkins Airport, especially important during expansion. Since the City is part of the Rocky River watershed, Mr. Gollinger encouraged residents to attend.
Mrs. Bobst has received a letter from Cox Cable announcing that cable service has been installed at Elmwood Cabin and will be provided without charge to the City. The cost was $1300+ and represents a great savings to the City.
No changes were requested to the Consent Agenda by members of Council.
AUDIENCE PARTICIPATION: NONE
RESOLUTION NO. 133-04 BY EARL W. POTTERFIELD
A RESOLUTION ADOPTING A COMPREHENSIVE GENERAL PLAN KNOWN AS THE ROCKY RIVER MASTER PLAN
This resolution has been referred to the Planning Commission and is also under discussion by the Planning, Zoning and Economic Development Committee of Council.
RESOLUTION NO. 1-05 BY MAYOR WILLIAM F. KNOBLE
A RESOLUTION OF INTENT TO APPROPRIATE A FEE SIMPLE INTEREST IN CERTAIN REAL ESTATE
This resolution has been read twice and is on the agenda of the Planning, Zoning and Economic Development Committee for its meeting next week.
ORDINANCE NO. 2-05 BY EARL W. POTTERFIELD
AN ORDINANCE TO CHANGE THE DISTRICT CLASSIFICATION OF CERTAIN REAL PROPERTY KNOWN AS AUDITOR'S PERMANENT PARCEL NOS. 301-17-001, 301-17-005, 301-17-006 AND 301-17-018 FROM THEIR PRESENT CLASSIFICATION OF LOCAL BUSINESS TO MULTI-FAMILY (MF-R5), AS FURTHER DESCRIBED IN EXHIBIT "A"
2ND READING
Mr. Potterfield reported that this rezoning ordinance has been referred to the Planning Commission and will be reviewed at tomorrow evening's meeting.
ORDINANCE NO. 19-05 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 ADLER TEAM SPORTS FOR ONE YEAR
1ST READING
This issue will be discussed at next week's Committee-of-the-Whole. Mrs. Bobst indicated that this is an annual expenditure, although the question of team numbers coming off this year's shirts has been raised.
ORDINANCE NO. 20-05 BY PAMELA E. BOBST
AN EMERGENCY ORDINANCE AMENDING CHAPTER 952 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER ENTITLED "INDOOR SOCCER FACILITY", AND AS FURTHER DESCRIBED IN EXHIBIT "A"
1ST READING
This ordinance also will be discussed next week. Mrs. Bobst mentioned that both this ordinance and the one preceding were accompanied by explanatory memos.
ORDINANCE NO. 21-05 BY EARL W. POTTERFIELD
AN EMERGENCY ORDINANCE AMENDING SECTION 914.15(e) OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, ENTITLED "CHARGES AND RATES", AND AS FURTHER DESCRIBED IN EXHIBIT "A"
1ST READING
Moved by Mr. Potterfield, seconded by Mr. Gollinger, that the rule requiring that Ordinance No. 21-05 be read on three separate days be suspended, and that Ordinance No. 21-05 be placed upon its passage:
Discussion: Mr. Potterfield called upon the Mayor who explained that this issue has been discussed for some time in regard to fairness for development and redevelopments who will share the costs for tie-in, construction and inspection. This ordinance will resolve the issue of tying into the WWT system and will replace the fees passed last July. Construction costs will be borne by the developer. The issue of inspection remains to be resolved and will be addressed in a separate ordinance. Because this issue has been under discussion for some time, developments are on hold, awaiting the result, and the Mayor is pleased that it can now move forward.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
Bobst - aye
7 ayes 0 nays PASSED
Moved by Mr. Potterfield, seconded by Mr. Gollinger, that Ordinance No. 21-05 be passed as read:
Discussion: Mr. Frost raised the question of the inclusion of a concrete example in the paragraph following the tap-in fees. This states that if a re-development project proposes 30 units and 5 are being demolished, the cost will be based on 25 units. Mr. Frost indicated that it was his understanding that more discretion would be given to the Building Commissioner to determine the fair fee, and he suggested that the example be stricken. Mr. Matty said that the intent here was not to be discretionary, but purely a matter of numbers, in connection for connection. That is the reason for the example.
Vote: Gollinger - aye Potterfield - aye Frost - abstain
Hurtuk - aye Bartolozzi - aye Hagan - aye
Bobst - aye
7 ayes 1 abstention 0 nays PASSED
MOTION:
Moved by Mrs. Bobst, seconded by Mr. Gollinger, that Ordinance No. 100-04, passed on July 6, 2005 setting sewer tie-in fees, be repealed and replaced by Ordinance No. 21-05, passed on February 14, 2005.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
Bobst - aye
7 ayes 0 nays PASSED
ORDINANCE NO. 22-05 BY BRIAN A. HURTUK
AN EMERGENCY ORDINANCE TO MAKE APPROPRIATIONS FOR THE CURRENT EXPENSES OF THE CITY OF ROCKY RIVER, OHIO, DURING THE FISCAL YEAR ENDING DECEMBER 31, 2005 AND TO REPEAL ORDINANCE 186-04
1ST READING
This annual budget ordinance is on its first reading and under discussion by Council's Finance Committee.
ORDINANCE NO. 23-05 BY BRIAN F. HAGAN
AN EMERGENCY RESOLUTION AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT WITH THE BOARD OF CUYAHOGA COUNTY COMMISSIONERS FOR AN FY 2001 STATE DOMESTIC PREPAREDNESS PROGRAM GRANT
1ST READING
Moved by Mr. Hagan, seconded by Mrs. Bartolozzi, that the rule requiring that Ordinance No. 23-05 be read on three separate days be suspended, and that Ordinance No. 23-05 be placed upon its passage:
Discussion: This ordinance will allow the County and City to catch up on its fiscal year 2001. There will be no cost to the City. The Mayor thanked Chief Flynn and Mr. Matty for their work which produced this ordinance.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
Bobst - aye
7 ayes 0 nays PASSED
Moved by Mr. Hagan, seconded by Mrs. Bartolozzi, that Ordinance No. 23-05 be passed as read:
Discussion: Same as above.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
Bobst - aye
7 ayes 0 nays PASSED
ORDINANCES AND RESOLUTIONS UNDER CONSENT
ORDINANCE NO. 3-05 BY BRIAN F. HAGAN
AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE OFFICE SUPPLIES UNDER THE STATE COOPERATIVE PURCHASING ACT FROM OFFICE MAX
3RD READING
This ordinance will allow office supplies to be purchased from Office Max, both the main location and the local store.
ORDINANCE NO. 5-05 BY LINDA S. BARTOLOZZI
AN EMERGENCY ORDINANCE AUTHORIZING THE SAFETY-SERVICE DIRECTOR TO PURCHASE ONE (1) 2005 3/4 TON PICK UP TRUCK WITH SNOW PLOW PACKAGE FOR THE SERVICE DIVISION UNDER THE STATE COOPERATIVE PURCHASING ACT FROM BOB ROSS BUICK AT A COST NOT TO EXCEED $20,168.50
3RD READING
This truck is very much needed for snow removal as more snow is expected before the end of the season.
ORDINANCE NO. 9-05 BY BRIAN F. HAGAN
AN EMERGENCY ORDINANCE AMENDING SECTION 153.131, OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER ENTITLED "HEALTH BENEFITS FOR EMPLOYEES OF THE WASTEWATER TREATMENT PLANT BARGAINING UNIT" AND AS FURTHER DESCRIBED IN EXHIBIT "A"
2ND READING
This ordinance and the one which follows have been discussed at the Committee-of-the-Whole and will put into the Code the agreement already ratified.
ORDINANCE NO. 10-05 BY BRIAN F. HAGAN
AN EMERGENCY ORDINANCE AMENDING SECTION 153.151 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, ENTITLED "UNIFORM ALLOWANCES FOR THE EMPLOYEES OF THE WASTEWATER TREATMENT PLANT BARGAINING UNIT" AND AS FURTHER DESCRIBED IN EXHIBIT "A"
2ND READING
See discussion for Ordinance No. 9-05.
ORDINANCE NO. 11-05 BY BRIAN A. HURTUK
AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT TO ACCEPT BANK CREDIT CARDS FOR PAYMENT FOR PURCHASES AT CITY FACILITIES AND DECLARING AN EMERGENCY
2ND READING
The City already accepts MasterCard and Visa. This will add the Discover Card.
ORDINANCE NO. 12-05 BY ROBERT S. FROST
AN EMERGENCY ORDINANCE AMENDING SECTION 139.01 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER ENTITLED "COMPOSITION" AS FURTHER DESCRIBED IN THE ATTACHED EXHIBIT "A"
2ND READING
As discussed, this will allow the Mayor to make a temporary appointment in the Police Department.
ORDINANCE NO. 13-05 BY BRIAN F. HAGAN
AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO ENTER INTO A CONTRACT WITH CONSERVE AIR COMPANY FOR THE GENERAL MAINTENANCE AND EMERGENCY REPAIR OF HEATING AND COOLING SYSTEMS SERVICING THE BUILDINGS OWNED BY THE CITY OF ROCKY RIVER FOR A PERIOD OF ONE (1) YEAR NOT TO EXCEED $30,000.00
2ND READING
This necessary ordinance will provide for the general maintenance and emergency repair of the City's heating and cooling systems.
ORDINANCE NO. 15-05 BY LINDA S. BARTOLOZZI
AN EMERGENCY ORDINANCE AUTHORIZING THE SAFETY-SERVICE DIRECTOR TO PURCHASE ONE (1) FULL SIZE 2006 TWELVE (12) PASSENGER WINDOW VAN FOR THE SENIOR CENTER UNDER THE STATE COOPERATIVE PURCHASING ACT FORM COURTESY AUTO SUPERSTORE AT A COST NOT TO EXCEED $18,235.33
1ST READING
This 12-passenger van will replace a 15-passenger van in the Senior Services Department.
ORDINANCE NO. 16-05 BY LINDA S. BARTOLOZZI
AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE ONE (1) 1000 GALLON WATER SPRAY SYSTEM FOR THE ROCKY RIVER SERVICE DIVISION FROM WEST SHORE NEW HOLLAND, INC. AT A TOTAL COST NOT TO EXCEED $10,555.00
1ST READING
This will allow the City to water its landscape plantings and save man hours.
ORDINANCE NO. 17-05 BY ROBERT S. FROST
AN EMERGENCY ORDINANCE AMENDING SECTION 303.99(b) OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, ENTITLED "TRAFFIC CODE MISDEMEANOR CLASSIFICATIONS AND PENALTIES", AND AS FURTHER DESCRIBED IN THE ATTACHED EXHIBIT "A"
1ST READING
As explained by the Law Director, this will bring the City's code into agreement with the State Code.
ORDINANCE NO. 18-05 BY BRIAN F. HAGAN
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 AND AS FURTHER DESCRIBED IN EXHIBIT "A"
1ST READING
This contract will allow for the repair or replacement of damaged fire hydrants. Fabrizi had the best bid.
Moved by Mrs. Bobst, seconded by Mr. Hurtuk, that the rule requiring that the ordinances on the Consent Agenda be read on three separate days be suspended, and that the stated ordinances be placed upon their passage:
Discussion: See individual ordinances above.
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 Mr. Hurtuk, that the stated ordinances be passed as read:
Discussion: Mrs. Bobst noted that this was an unusually long Consent Agenda because Council was not able to pass the Consent Agenda of January 24 and a second agenda was added to it.
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. Gollinger, that an Executive Session be held at the request of the Law Director immediately following the meeting for 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 under Article X, Section 6, Subsection 3 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:
Mr. Potterfield noted that there are six possible items for the agenda of the Planning, Zoning and Economic Development Committee. He has set the agenda to include discussions of Resolution No. 1-05, Ordinance 2-05, and time permitting, a review of Master Plan comments by the Planning Commission. Still to be discussed are inspection fees, recommendations from the Building Department for changes to the Code and the traffic counts submitted by the Administration of the area around Beachcliff Market Square.
Mr. Potterfield further announced that he will complete his term, but will not be a candidate for re-election later this year.
AUDIENCE PARTICIPATION: NONE
As there was no further business by members of Council, the meeting was adjourned at 8:47 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 14, 2005. These minutes may be amended or revised at the next Legislative Meeting.