DRAFT
CITY OF ROCKY RIVER
FEBRUARY 23, 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
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 following meetings be waived and that the minutes be accepted as submitted: the Legislative Meeting and Executive Session of February 9, and the Committee-of-the-Whole and Executive Session of February 17, 2004.
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, that the minutes of the meeting of the Parks and Recreation Committee of January 26 be waived, and that the minutes be approved as submitted.
Vote: Mrs. Bobst - aye Mr. Hagan - aye Mr. Hurtuk - aye
Mr. Potterfield - aye
4 ayes 0 nays PASSED
Moved by Mr. Potterfield, seconded by Mr. Hurtuk that the minutes of the meeting of the Planning Zoning and Economic Development Committee of February 9 be waived, and that the minutes be approved as submitted.
Vote: Mr. Potterfield - aye Mrs. Bartolozzi - aye Mr. Gollinger - aye
Mr. Hurtuk - aye
4 ayes 0 nays PASSED
The minutes of the Finance meeting will be considered next week.
MAYOR'S REPORT:
Mayor Knoble has received some calls regarding telephone solicitation by representatives of the Rocky River Fire Department. He has discussed this fund drive with Lt. George Kraus who was unaware of the drive, but has done some research, finding that this is a drive by the Northern Ohio Fire Fighters, using the name of the local chapter, to raise funds for the Metro Burn Unit. This organization is operating as an IRS 501 (c)3 charity. The Mayor has requested information on the percentage of funds raised which benefit the charity.
Another report from the Cuyahoga County Court Community Service Program reports that we had 59 bags of litter collected on February 13.
LAW DIRECTOR'S REPORT:
During the past week, Mr. Matty became aware of a suit filed by Skliros Construction, 23810 Detroit Road against Apex Construction and Management Inc. and the City of Rocky River. These firms were both involved in the construction of Elmwood Cabin. Skliros is asking for $12,335.25 plus interest from 5/19 and costs.
Also during the past week, Mr. Matty filed the City's commentary with the Federal Rail Administration with the attachments as approved by the Council. He will keep the City informed of any changes resulting from the commentary process.
The Law Director also has had conversation with the attorney for the school district. Further conversation will be needed with Mr. Patterson, Mrs. Bobst and others before a final Turf Field Agreement can be presented to Council.
COMMITTEE REPORTS:
Safety Committee: Mr. Frost reported that the Working Group on Animal Control Laws has scheduled a meeting for tomorrow evening at 7:00 p.m. in the Committee Room. Under discussion will be a presentation on Dog Parks.
Finance Committee: Mr. Hurtuk reported that the Finance Committee had held its second meeting this evening. The discussion of expenditures has been concluded, and at next week's 6:30 meeting, revenues will be discussed. The Public Hearing will also be held next Monday at 8:00 p.m. to receive input from residents.
COMMUNICATIONS AND ANNOUNCEMENTS:
Mr. Hurtuk wished the best of luck to the Magnificat "Blue Streaks", as they enter the playoffs. Mr. Hagan is the assistant coach.
A letter dated 2/11/04 has been received from Robert Linden, 3589 Delmar Drive, correcting an error in his previous statement. (Exhibit "A")
A letter dated 2/23/04 has been written by Fred Sokol, 20021 Parkview, concerning an article in The Plain Dealer. (Exhibit "B")
AUDIENCE PARTICIPATION: NONE
Mrs. Bobst again explained the Consent Agenda and asked for requests by Council members to move any ordinance from that agenda to the Regular Agenda. There were none.
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"
2ND READING
This ordinance has had a second reading. Mr. Potterfield indicated that he will read the ordinance for the third time in two weeks to allow for any public comment before calling for a vote. The ordinance has been recommended by the Planning Commission, 4-1.
MOTION:
Moved by Mr. Hurtuk, seconded by Mr. Frost, that Ordinance No. 21-04 be amended to the revised ordinance distributed:
Discussion: Ms. Wollenzier explained that the amendments were the correction of typographical errors, housekeeping items.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
Bobst - aye
7 ayes 0 nays PASSED
AMENDED 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
2ND READING
This ordinance will be read for the third time March 1.
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
2ND READING
Moved by Mr. Hagan, seconded by Mr. Hurtuk, that the rule requiring that Ordinance No. 28-04 be read on three separate days be suspended, and that Ordinance No. 28-04 be placed upon its passage:
Discussion: Mr. Hagan commented that Director Lesiecki, during the first meeting of the Finance Committee budget hearings, indicated that this sewer project, both east and west, must be completed before paving, so 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. Hagan, seconded by Mr. Hurtuk, that Ordinance No. 28-04 be passed as read:
Discussion: As stated above, the project must be completed prior to the paving of Hilliard Blvd.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
Bobst - aye
7 ayes 0 nays PASSED
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
2ND READING
Moved by Mr. Hagan, seconded by Mr. Hurtuk, that the rule requiring that Ordinance No. 29-04 be read on three separate days be suspended, and that Ordinance No. 29-04 be placed upon its passage:
Discussion: This ordinance is a companion to Ordinance 28-04. This is the lowest bid and the sewer improvements must be in place during the next 90 days.
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 Mr. Hurtuk, that Ordinance No. 29-04 be passed as read:
Discussion: This second part of the Hilliard sewer improvements will be completed by the lowest bidder and passage now will allow the project to get under way.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
Bobst - aye
7 ayes 0 nays PASSED
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
2ND READING
Moved by Mr. Hagan, seconded by Mrs. Bartolozzi, that the rule requiring that Ordinance No. 30-04 be read on three separate days be suspended, and that Ordinance No. 30-04 be placed upon its passage:
Discussion: This oversight is at the request of the City Engineer to hire an on-site inspector during the project because the City inspector will be busy with other projects. Since the construction has been approved, this ordinance for contract administration should also be approved.
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 Mr. Gollinger, that Ordinance No. 30-04 be passed as read:
Discussion: See discussion above.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
Bobst - aye
7 ayes 0 nays PASSED
ORDINANCE NO. 32-04 BY BRIAN F. HAGAN
AN ORDINANCE APPROVING THE TURF FIELD AGREEMENT WITH THE ROCKY RIVER SCHOOL DISTRICT
As explained by the Law Director, this ordinance will be held pending further information to finalize the agreement.
ORDINANCE NO. 33-04 BY BRIAN A. HURTUK
AN EMERGENCY ORDINANCE AUTHORIZING THE REIMBURSEMENT FOR EXPENSES ACCRUED FOR THE HILLIARD BLVD. SANITARY SEWER IMPROVEMENTS IN THE AMOUNT NOT TO EXCEED $773,500.00
1ST READING
Moved by Mr. Hurtuk, seconded by Mrs. Bartolozzi, that the rule requiring that Ordinance No. 33-04 be read on three separate days be suspended, and that Ordinance No. 33-04 be placed upon its passage:
Discussion: Mr. Hurtuk stated that this ordinance will allow the Hilliard Road sewer improvements to proceed immediately without waiting for bond issue. There is no reason to wait so the project can move ahead.
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. 33-04 be passed as read:
Discussion: See discussion 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. 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
2ND READING
This has been discussed at the Committee-of-the-Whole, and as there have been no comments, Mr. Hurtuk indicated that Council should proceed to passage.
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 $25,00000 PER YEAR AND AS FURTHER DESCRIBED IN EXHIBIT "A"
2ND READING
This also was discussed last week. Mayor Knoble added that the City will try to replace at least one hydrant using City workers and equipment if time permits, to compare costs.
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
2ND READING
As discussed, this is routine maintenance of fire suppression systems. Of the three bids received, this is the best and should be accepted. Mayor Knoble added that we currently have two providers, and this is another effort to streamline the City's purchasing with fewer providers of the same product or service. In this way, he hopes for better pricing, but at least is assured of fewer checks having to be written.
ORDINANCE NO. 31-04 BY BRIAN F. HAGAN
AN EMERGENCY ORDINANCE IMPLEMENTING A PROCEDURE FOR COMPENSATION RELATIVE TO THE CARE AND MAINTENANCE OF THE POLICE DEPARTMENT CANINE
1ST READING
Mr. Hagan indicated that this letter of understanding for the compensation of the canine officer has been discussed. Council should move forward; there is no reason to delay. Mr. Matty noted that this was a "bare bones" agreement for Rylo.
Moved by Mrs. Bobst, seconded by Mr. Frost, that the rule requiring that Ordinances No. 18-04, 22-04, 23-04 and 31-04 be read on three separate days be suspended, and that those ordinances be placed upon their passage:
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, that Ordinances Nos. 18-04, 22-04, 23-04 and 31-04 be passed as read:
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
Bobst - aye
7 ayes 0 nays PASSED
MISCELLANEOUS BUSINESS:
Mrs. Bobst asked the clerk to copy Council members on several resolutions passed by other local councils supporting the Breast Cancer Patient Protection Act. She asked members to study these resolutions toward the goal of drafting a similar resolution because breast cancer impacts many lives of residents through themselves, family or friends. She has checked with Allison Murphy of Rep. Kucinich's office who has indicated that the bill will be reintroduced as part of a larger bill. That can become lengthy, and Mrs. Bobst suggests supporting that portion on which we can all agree. She asked for Council feedback.
Mr. Hagan mentioned that the City Engineer has notified Council that bids have been opened for the Wooster Road reconstruction project. A meeting will be held March 3 at 7:30 p.m. at Fairview Park City Hall for residents of both cities involved.
AUDIENCE PARTICIPATION:
Fred I. Sokol, 20021 Parkview read his letter concerning the Plain Dealer article on potential Rocky River development into the public record. (See Exhibit "B")
Mrs. Bobst noted that this article was gleaned directly from work done on the Master Plan, and is very preliminary. Public meetings have been held.
The meeting was adjourned at 8:45 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 held on February 23, 2004. These minutes may be amended or revised at the next Legislative Meeting.
DRAFT
CITY OF ROCKY RIVER
FEBRUARY 24, 2004
Safety Committee
Working Group on Animal Control Laws
The meeting of the Working Group on Animal Control Laws was called to order by the Chairman, Dr. Parraga, at 7:00 p.m. in the Committee Room.
Safety Committee Working Group on Animal Control Laws Present:
Fran Gasper, Susan Godfrey, Jeanne Hoopes, Barbara Oakley,
Isabel Parraga, Chris Pfeil, John Reveley, Jim Skelly,
Candia Sweet, Donna Snyder
The meeting was called to order by the chairman, Dr. Parraga, at 7:00 p.m. After calling the roll, she mentioned that Paulette McGreevey has resigned from the group. She then added the minutes of the meeting of February 12 to the consent agenda.
Moved by Mr. Skelly, seconded by Ms. Gasper, that the minutes of the meeting of January 12 be approved as submitted.
Passed by unanimous voice vote.
Moved by Ms. Hoopes, seconded by Ms. Sweet, that the minutes of the meeting of February 12 be accepted with one amendment.
Passed by unanimous voice vote.
For the presentation and discussion of Dog Parks, Ms. Pfeil and Dr. Reveley distributed their written reports (Exhibits "A" and "B") which had been e-mailed to members during the week.
Ms. Pfeil began the discussion by noting that most dog parks are enclosed by barriers and the dogs play inside, posing no danger to others. This helps enforcement, and there is then no excuse for allowing a dog off leash. In her report, she indicated that the first page deals with why discussions of dog parks are important, then, what they are and their benefits, and finally, issues, which describes problems. Although the group's focus is on animal control, Ms. Pfeil feels that pet ownership is an asset. Another important part of her report are the rules and regulations. Dog parks impose an obligation for the owner to be responsible.
Ms. Pfeil discussed the issue with Kory Koran, Rocky River's Economic and Community Development Director. Mr. Koran was interested, and even suggested two sites within the City which can be explored: City property close to the WWTP, and some part of Tri-City Park. Ms. Pfeil also conferred with the Law Director who told her that there is no reason why, from a legal point of view, it cannot be done. Requirements would be appropriate signage and necessary amendments to current ordinances. She continued by indicating locations of existing parks on maps which she distributed to Working Group members. The City property suggested by Mr. Koran would be adjacent to the Service Garage. At Tri-City Park, there could even be collaborative possibility with our neighboring communities.
Ideally, a dog park should be no smaller than one acre. Lakewood's is .69 acre, and too small for all the people and dogs who use it. Contrary to rumors, Lakewood has never endorsed the closing of the park. It is very heavily used. Ms. Hoopes commented that there could be a distinction between an off-leash area which has a variety of activities and a dog park. She suggested that owners of large dogs need more than a fenced-in acre to exercise their pets. Such dog owners would support a more spread out area where people can exercise with their pets off-leash.
Dr. Parraga pointed out that in the absence of a dog park, such dogs would be at-large. She wondered about the objections to dogs swimming and if sanitary considerations were the major objections.
Dr. Reveley felt that dogs would be no more likely to foul water than humans, and that that is not a major risk.
Ms. Godfrey commented that at this time of the year, she felt that no dogs should be in the water. Dr. Parraga suggested that more investigation into the at-large aspect should be done.
Ms. Sweet feels that we need to allow dogs to swim.
Ms. Pfeil pointed out that when dogs are not confined and off-leash, they may become at-large and difficult to control. Monitoring can also be an issue.
Dr. Parraga feels that public awareness can help because citizens must help with monitoring since there is only one animal control officer.
Ms. Sweet observed that consistency in enforcement is important.
Dr. Parraga agreed, stating that in order to achieve consistency, a procedure, known to both the public and the enforcement officer must be in place.
Ms. Pfeil pointed out that the phone number to call for animal enforcement is not in any directory, and it is difficult to track down the right department.
Ms. Hoopes suggested it might be easier to monitor if an off-leash period is permitted in only one park at specific times of day, e.g. before 9:00 a.m. In that way, dogs are not interfering with families picnicking or using the park later in the day.
Dr. Parraga added that posted signs should indicate phone numbers to encourage citizen monitoring and responsibility with enforcement.
Ms. Pfeil suggested that peer pressure works well with dog parks.
Dr. Reveley has consulted websites which indicate that cities can be liable if they do not act on complaints to stop illegal behavior. In Lakewood, neighbors to their dog park are complaining, possibly because the park is small and overused. There should be a written record of warnings and bites.
Dr. Parraga suggested that before enforcement and public awareness are reconsidered, the Working Group should determine what recommendations it wishes to make as to Code sections as well as recommending a procedure for enforcement and reporting noncompliance.
If a dog park is to be recommended, a group for that purpose should probably be established. A short discussion ensued on how to engage public support. Dr. Reveley feels that a committee should be formed at an early stage. Suggestions ranged from a survey such as that done by the Rec Department, to placing the issue on the ballot if the committee gauges sufficient support.
Dr. Parraga suggested investigating dogs at large first, and Ms. Hoopes agreed to do further research on that topic for presentation at the next meeting.
Ms. Snyder suggested the possibility of reserving some parks where dogs are prohibited, and others where they can go during certain times, possibly off-leash. Ms. Hoopes thought this might be a good strategy to answer those against off-leash dogs. Both Dr. Reveley and Ms. Pfeil felt it might be difficult to confine dogs to any particular area without barriers or fences if they are off-leash.
Dr. Parraga raised agenda item 5.0, the next meeting. It was decided to hold the next meeting on March 23 when the largest number of members is available. This meeting will be held separately from the Safety Committee, which will meet for an update of progress on March 8. Ms. Pfeil will report progress at that meeting and plans for future meetings. The March 8 meeting will be held at 7:00 p.m. in the Committee Room. At the March 23 meeting, the main presentation will be on dogs at-large.
There are still many pros and cons of dog parks and off-leash parks. Ms. Hoopes expressed a wish to see if access can be gained to the beach or sections of Elmwood Park where off-leash running is possible.
Dr. Reveley commented that, as a vet, he has heard that some people like to frequent dog parks to meet others with like interests.
Ms. Snyder suggested that the City Council may have a different view or another angle that may help the group and added that they should be asked for input.
Ms. Godfrey reminded members that although this administration is complaint-driven and friendly to dogs, that is not guaranteed in the future, so legislation should be carefully considered.
In discussing the dog park issue, members determined their opinion that the land close to the WWTP and away from people would be a better choice.
Dr. Parraga asked for a sense of how members felt about dog parks, asking for a show of hands of those in favor is a dog park were to be considered for development. All were in favor except for Ms. Sweet, abstaining, and Ms. Snyder, not sure.
The meeting was adjourned at 8:20 p.m.
_______________________________ _______________________________
Isabel Parraga, Chairman Misao Kurokawa
Working Group on Animal Control Laws Clerk of Council
Please note: This is a draft copy of the minutes of the Working Group on Animal Control Laws of February 24, 2004. These minutes may be amended at the next meeting of the Working Group.