DRAFT
CITY OF ROCKY RIVER
MARCH 8, 2004
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, Ms. Wollenzier, Mr. Lesiecki
Law Director: Mr. Matty
Press: Mr. White
The meeting was opened with the Pledge of Allegiance.
MOTION:
Moved by Mrs. Bobst, seconded by Mrs. Bartolozzi, that the reading of the minutes of the following meetings be waived and that the minutes be accepted as submitted: the Legislative Meeting (with one correction) of February 23, and the Public Hearing and Committee-of-the-Whole of March 1, 2004.
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. Frost, that the minutes of the meetings of the Finance Committee of February 18, February 23, and March 1 be waived, and that the minutes be approved as submitted with one amendment to the minutes of February 23.
Vote: Mr. Hurtuk - aye Mrs. Bobst - aye Mr. Frost - aye
Mr. Gollinger - aye
4 ayes 0 nays PASSED
MAYOR'S REPORT:
The Mayor commented that in spite of the high winds last Friday, the City sustained minimal damage, although a very large tree was lost in front of City Hall, and some shingles were torn from the Senior Center roof.
The hospital plan has been finalized for the balance of the year and an ordinance will be presented, possibly next week. The policy date is May 1. The program was presented to the health care committee and adopted by them, and the Mayor feels that it is a good program.
The Mayor, Mr. Lesiecki, and Mr. Hagan attended the Wooster Road meeting. Engineers, representatives of the contractor and city officials of Fairview Park and Rocky River answered resident concerns about driving issues, access by delivery and emergency vehicles, trash pickup, and schedules, among many others. Information will be placed on the website, and construction begins at the end of the month.
The biennial ice show, given by the Rec Department's learn to skate program, will be on March 27 and March 28. Tickets for the show, which has more than 200 participants, are on sale at the Rec Center.
Flyers on the exterior home maintenance program have been prepared. Since it is felt that most applicants will be seniors, it will be handled by Kathy Gibel at the Senior Center. Five grants of $4500 each for qualifying residents may be used for cited exterior building or housing code violations, peeling paint, missing shingles, decayed trim broken gutters, and other necessary exterior repairs. The City will pay contractors and inspect their work, and be reimbursed from the grant.
The Administration has commissioned a Phase I environmental assessment on the Lake Road dirt mound. The Mayor noted that even if a Phase II study is required, this would have to be done first, so it should be out of the way.
Youth Challenge Day programs were held on Thursday and Friday and Community Challenge day on Saturday last week. The Mayor felt it was a very worthwhile program, and urged Council members who could not attend this year to mark their calendars for next year.
LAW DIRECTOR'S REPORT:
Mr. Matty has received the 65th report from Norfolk-Southern which indicated that the last train count for our city was .9 per day.
Ordinance 32-04 is the Turf Field Agreement with the School Board under the sponsorship of Mr. Hagan. Mr. Matty asked that it be read for the first time tonight, and placed on a schedule so that it can be passed by mid-April. The attachment is the agreement negotiated between the City and the school district.
COMMITTEE REPORTS:
Safety Committee: Mr. Frost reported that the Working Group on Animal Control Laws met this evening to hear a progress report from the Working Group on Animal Control Laws. They will try to have a written report ready for the next newsletter. The group will meet twice monthly and once in months when they meet with the Safety Committee. That meeting has not yet been scheduled. They hope to complete their task by this summer.
Planning, Zoning and Economic Development Committee: Mr. Potterfield announced that because of a conflict, the meeting to be held on April 12 has been rescheduled and will be on April 26 at 7:00 p.m.
COMMUNICATIONS AND ANNOUNCEMENTS:
A letter has been received from Mike Mural Building Contractors regarding the possibility of relocating the old greenhouse on Lake Road. (Exhibit "A")
The Rocky River Historical Association will hold a program on restoration and the Heritage Home Loan Program, presented by Sarah Wolf of the Heritage Home Loan Program.
A benefit for the Rocky River police dog, "Leader of the Pack" will be held on March 22 from 5 p.m. to 9 p.m. at the Pearl of the Orient Restaurant.
AUDIENCE PARTICIPATION:
Fred I. Sokol, 20021 Parkview expressed his views on Ordinance No. 21-04, the 2004 budget. He thanked Mr. Hurtuk for calling with the answers to the questions he posed last week. This week, he wondered about the bond retirements calling for $750,000, and how many bonds were involved. Ms. Wollenzier responded that two bonds were involved, one for the Court, the other a $6 million bond from 1994.
Mr. Sokol then referred to a West Life article concerning the need for a new pumper by the City's Fire Department. He recalled that in 1997 when there was a fire at the Ramada, he surveyed the damage following the fire. He urged Council to reconsider the expenditure for a new pumper even though the City has a mutual aid pact with neighboring cities.
Robert Linden, 3589 Delmar Drive, commenting on Ordinance 19-04, said that this ordinance was too restrictive, and would take away property rights. He reminded Council that he had spoken on the topic at Council meetings and at City boards. He asked Mr. Potterfield why this was added to the play structure ordinance. Mr. Potterfield said that this was necessary because nothing under the current specifications covers this type of play structure.
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"
3RD READING
Moved by Mr. Potterfield, seconded by Mr. Gollinger, that Ordinance No. 19-04 be passed as read:
Discussion: Mr. Potterfield has presented the case for this ordinance on a number of occasions and aside from the comment heard this evening, has had no other community input. This will make a more clearly defined description of play structures and what is permitted. Mr. Gollinger noted that this will support the spirit of the law on the books and impact our environment and our neighbors. The Planning Commission voted in favor of 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, that the 72-hour rule of notification be waived and that the Amended Ordinance No. 21-04 be placed on the agenda for consideration this evening.
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. Frost, that Ordinance No. 21-04 be amended to the revised ordinance distributed:
Discussion: The change made is that $20,000 was removed from the Recreation Department because the Turf Field Agreement will not go into effect until later than expected and 2/3 of the expense was eliminated.
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
3RD READING
Moved by Mr. Hurtuk, seconded by Mr. Gollinger, that Ordinance No. 21-04 be passed as read:
Discussion: Mr. Potterfield noted that a budget of this scope has many capital improvements and equipment purchases. He asked for an idea of the potential impact of that in the future. The Mayor indicated that he will not wait, but will begin immediately to plan the 2005 budget. In revenue, some possibilities will be looked at: fire response billing, a $5 license plate fee which we would be able to levy, income from a tax issue on sub S corporations, sewer tie-in fees, other building fees or assessment for improvements. He said these remain only possibilities at this point, but could be considered for the 2005 budget.
Mr. Gollinger suggested that the Administration did a fine job in a timely manner for the budget process. There is nothing in the budget which is not needed for the operation of the City or the preservation of the infrastructure. He is comfortable with moving forward.
Mr. Frost thought Mr. Hurtuk did a fine job of structuring the committee. He complimented the Mayor on implementing a consolidated purchasing policy for printing, noting that the Directors all seemed very satisfied with the service and that City money was saved.
Mr. Hagan echoed Mr. Frost's gratitude to Mr. Hurtuk, noting that this was a good learning experience through the committee structure. The infrastructure is very important to the City, and he thanked the Mayor for appropriating funds to care for it.
Mrs. Bobst added her compliments to Mr. Hurtuk for improving the budget process, including involvement with the directors, chiefs and commissioners. This process allows Council members to understand and more easily explain to the community varied aspects of the budget such as priorities, programs, etc. She complimented the Mayor.
Mr. Hurtuk appreciated the comments. He acknowledged that one of the most important responsibilities of Council is to insure that dollars are well-spent. Each year is individual and stands alone. In speaking to the directors, chiefs and commissioners, he realized that each had to justify any expenditures made. He felt reassured that the Administration has done a good job of allocating funds. He also commented that we are fortunate to have a good bond rating, Aa2 and with a lot of capital projects, this will be necessary for taking on long-term debt. He praised Ms. Wollenzier's knowledge which answered every question. Council's job is not to set the budget, but to react and prioritize. This is a good healthy budget, and he recommended passage.
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
1ST READING
Mr. Hagan, referring to the comments by the Law Director, will have a second reading on March 22. He will refer this to his Contracts Committee, calling a meeting to discuss this on March 22 at 7:00 p.m. in Council Chambers. Representatives of the Board of Education and the Recreation Department will be invited. Mr. Matty suggested that the Board send no more than two members or this would constitute a meeting with all that is required by law.
Mr. Matty explained that the School District is planning to put out a bid in 2004 for an artificial turf field. Many high schools in this area have this type of field which allows athletes to wear regular cleats. The School District will advance the funds to pay for the architectural and design fees as well as the construction and installation of the turf. This 10-year use agreement allows the City to use this field for up to$30,000 per year, and is dependent upon installation. As specified in the contract, it will come to approximately $230/day. Director Patterson will consolidate programs, running more than one at a time on the field and will coordinate use by other community groups. If the turf is not installed, the City does not have to participate, and if it is not ready, the use contract will be delayed until it is.
Mr. Matty pointed out that it would not be possible to find another facility at $230/day which would match this facility, and the funds would assist the School District to pay for its construction and installation, so it is a win/win situation. Mr. Matty urged Council to discuss the issue in a timely manner because the School District does not want to proceed without approval of this contract.
Mr. Gollinger asked why programs outside the Recreation Department are handled by Mr. Patterson. Mr. Matty explained that the School Board would like to deal with only one agency, and Mr. Patterson has volunteered to be a hub for community use. There is no assimilation of liability for the City because Mr. Patterson will obtain the necessary insurance documentation.
The issue will be discussed at the Contracts Committee meeting on March 22 and may be brought for vote at the Legislative Meeting which follows.
ORDINANCE NO. 34-04 BY PAMELA E. BOBST
AN EMERGENCY ORDINANCE AMENDING CHAPTER 951 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, ENTITLED "CITY SWIMMING POOL", AND AS FURTHER DESCRIBED IN THE ATTACHED EXHIBIT "A"
1ST READING
Moved by Mrs. Bobst, seconded by Mr. Hurtuk and Mrs. Bartolozzi, that the rule requiring that Ordinance No. 34-04 be read on three separate days be suspended, and that Ordinance No. 34-04 be placed upon its passage:
Discussion: This was discussed at the last meeting, and the rates have been reviewed by Mr. Patterson. There is no reason to delay, as the new rates are needed before flyers and brochures are printed.
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. 34-04 be passed as read:
Discussion: As discussed last week, these are small increases, about 7%. There are new fees to encourage evening participation.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
Bobst - aye
7 ayes 0 nays PASSED
ORDINANCE NO. 35-04 BY EARL W. POTTERFIELD
AN EMERGENCY ORDINANCE ACCEPTING A STANDARD EASEMENT FOR THE INSTALLATION AND MAINTENANCE OF A WATER MAIN FOR THE PURPOSE OF SUPPLYING WATER SERVICE TO RIVER SIDE DRIVE ESTATES IN THE CITY OF ROCKY RIVER, AND AS FURTHER DESCRIBED IN THE ATTACHED EXHIBIT "A"
Because there are issues in the easement, this ordinance will be held at the request of the City Engineer.
RESOLUTION NO. 36-04 BY ALL MEMBERS OF COUNCIL
A RESOLUTION SUPPORTING THE BREAST CANCER PATIENT PROTECTION ACT OF 2003 AND DECLARING AN EMERGENCY
1ST READING
Moved by Mrs. Bobst, seconded by Mr. Hagan, that the rule requiring that Resolution No. 36-04 be read on three separate days be suspended, and that Resolution No. 36-04 be placed upon its passage:
Discussion: This, too, was discussed at the last Committee-of-the-Whole where there was an opportunity to review legislation from other cities and the bill itself. Mrs. Bobst recommended passage before this is part of a larger bill.
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 Resolution No. 36-04 be passed as read:
Discussion: This legislation was received from many surrounding communities. Mrs. Bobst contacted Rep. Kucinich's office and discovered that it will soon be part of a large bill. Council should make its voice heard because this cancer has affected so many in our community and the bill should be supported.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
Bobst - aye
7 ayes 0 nays PASSED
ORDINANCE NO. 37-04 BY BRIAN F. HAGAN
AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH CITY ARCHITECTURE FOR PROFESSIONAL ARCHITECTURAL SERVICES RELATIVE TO THE PRELIMINARY DESIGN FOR THE EXPANSION OF THE DON UMERLEY CIVIC CENTER IN AN AMOUNT NOT TO EXCEED $14,000.00
1ST READING
Mr. Hagan recalled that on January 26, 2004 the Parks and Recreation Committee heard a presentation from the Recreation Facility Task Force recommending other facilities be developed. At that time, they requested funds for a preliminary design. There will be further discussion at the next Committee-of-the-Whole.
MISCELLANEOUS BUSINESS: NONE
AUDIENCE PARTICIPATION: NONE
The meeting was adjourned at 9:07 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 March 8, 2004. These minutes may be revised or amended at the next Legislative Meeting.
DRAFT
CITY OF ROCKY RIVER
MARCH 8, 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 7:04 p.m. in the Committee Room.
Safety Committee Members Present: Mr. Frost, Mrs. Bartolozzi, Mr. Hagan, Mr. Gollinger
Council members present: Mrs. Bobst
Administration: Mayor Knoble, Mr. Linden, Mr. Hearn
Safety Committee Working Group on Animal Control Laws Present:
Fran Gasper, Chris Pfeil, Candia Sweet
Following the roll call, Mr. Frost turned to Chris Pfeil, Co-Chairman of the Working Group on Animal Control Laws, for an update on the sessions held since the last joint meeting.
Ms. Pfeil reported that since January 12, the Working Group had met twice, on February 12 when a discussion was held on vicious and dangerous dogs and a second report on cats. Following that meeting, another was held on February 24 where dog parks and dogs off-leash were discussed. They plan to meet twice monthly in months without a Safety Committee meeting, and once during the other months. The next scheduled meeting is Tuesday, March 23 where dogs at large will be discussed once more. Various members have researched and discussed dogs at large, enforcement and public awareness, pet containment systems, dog parks and off-leash areas, vicious and dangerous dogs, and cats. The ultimate goal is to make recommendations to the Safety Committee on proposed amendments or additions to Chapter 505 of the Code.
At the meeting of February 12, Ms. Sweet invited Melanie Tierney, a consultant active in animal issues in Ohio since 1988, and also on a local and national level. Ms. Tierney attended and made significant contributions. Ms. Sweet and Dr. Reveley proposed several changes to 505.11, 505.12 and 505.13, and will now rework their suggestions based on the discussions held. Among their thoughts was to have two separate sections for dangerous and vicious dogs
At the meeting of February 24, dog parks were discussed. The presenters, Ms. Pfeil and Dr. Reveley, attended two meetings of the Lakewood dog organizers and officials, and reviewed numerous websites. Following a consensus by the group that the idea was worth pursuing because of the potential benefits to the community, they felt that the next step would be to survey residents to determine the need and interest.
Another topic explored was dogs off leash in designated areas and times. Requirements include signage promoting responsible dog ownership, and a disclaimer as to City liability. Also required would be an amendment to the Code leash law. The group will focus further on this topic at the next meeting. They will attempt to make recommendations as to code enforcement and non-compliance.
Ms. Gasper mentioned that a vote was taken, and it was decided to continue study of dog parks. The group feels it needs to gauge support from the community for such a program, perhaps through a formal survey, as that undertaken on behalf of the Rec Department, through a Council check of ward feelings, petitions, a public hearing, or a ballot issue.
The discussion of cats was brief, and dealt primarily with feral cats.
Mr. Frost thanked Ms. Pfeil, and made some recommendations to Ms. Pfeil and Dr. Parraga as leaders of the group. He suggested that at one of the next meetings, the group go back to topics already discussed and develop a formal master list of recommendations before moving too far away from the topic. While in a public meeting, a vote should be taken on each recommendation to see what ideas should remain on the list or be revisited. Chairmen should be sure of consensus on topics which need action. If there are questions from the Working Group to the Safety Committee, those, too should be recorded.
Mrs. Bobst wondered if there is an update on the metroparks as sites for dog parks. Ms.Pfeil said that she has not heard anything since she heard vague rumors of a dog park at Bradley Woods. No decision has been reached, as far as she knows. Lakewood, too, was looking at a metropark extension for its dog park. Mrs. Bobst had understood that 3 or 4 sites were under consideration as to the viability of such a park.
Mr. Frost asked Mr. Hearn if there were any areas he felt needed attention from the Working Group, either in enforcement or public awareness. He said that he felt the group is making good progress.
Meeting days were discussed, and Ms. Pfeil indicated that she felt it very important that Mr. Hearn be able to attend. Also, Ms. Hoopes may not be available on March 23, so the date will be reviewed. Mr. Frost commented that a secretary should be selected to record minutes. This person should keep in touch with the Clerk of Council who must post announcements. He also asked that this person stay in touch with Law Director Matty for his guidance.
Mr. Frost then expressed concern about dog parks, noting that issues such as noise, odor, and safety are very important to the community as a whole, and he would like to hear their views. He wondered if dealing with the problems that would arise is better than the current situation of repeat off-leash violators, etc. He would like to hear how other communities have addressed the problems that have arisen. Ms. Pfeil pointed out that the odor problem in Lakewood turned out to have been the sewage treatment plant. There have, however, been some petitions circulated by Rocky River residents about the barking. Mr. Frost asked the Mayor about methods to survey the community, either through random questioning, City council feelers, petitions or possibly through the newsletter. The Mayor said that he thought that there is still some article space in the newsletter to be mailed in April. He suggested that a group member summarize the research to date and ask for community input in some form.
The Mayor also raised legal issues which have been caused by the Lakewood dog park, and he may ask the Attorney General for a ruling on the question of whether City A can enforce its laws on City B. The Mayor added that he is not in favor of subsidizing residents of another city. At our own Rocky River park, it is difficult to control parking and restrict it to city residents because of public funding. Ms. Pfeil pointed out that dog parks in other parts of the country have worked well on a membership basis, using a key card for access. This also allows the City to limit the number of people using the park at any given time. Mr. Frost noted that the Attorney General's office has streamlined its processes, so that it may be practical to submit the question of whether restrictions can be placed on the park which receives federal funds. The Mayor noted that on a quiet day, he can hear barking from the dog park which is about 25 houses away. Mr. Gollinger sympathized with people who are closer and cannot use their yards in the summer.
The Lakewood park will shortly be resurfaced with 4" of crushed granite which should make mud and drainage less of a problem. The Mayor stated that the safety issue must be considered. He has spoken with Chief Wagner about the possibility of some young part-time park guards on bicycles to control the bona fide safety issue of dogs, particularly off-leash in Elmwood Park. He explained that he is not interested in issuing citations unless necessary, but he must be sure that people, particularly children, are safe.
Mr. Frost pointed out that if City policy allows dogs off-leash, we could have visitors from the entire region at our parks and what is now a minor problem will become a nightmare. So the topic should be approached cautiously. He told the working group once more how much he appreciates their legwork in the investigation of the issue.
The Mayor mentioned that he has concerns about having lots of dogs exercising at any park. At Rocky River Park, the Administration would have to review staffing to maintain cleanliness of the park and to insure that residents are not frightened by dogs off-leash. If parking is restricted, it must be policed. As a dog lover, he would like to support the idea, but as Mayor he must look at the greater public safety. He wants people to enjoy the parks, but there have to be some rules to follow. Many of our parks are being used by non-residents.
As there were no further questions or comments, the meeting was adjourned at 7:45 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 Safety Committee of March 8, 2004. These minutes may be amended or revised at the next Legislative Meeting.