DRAFT
CITY OF ROCKY RIVER
MARCH 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: Mr. Linden, Mr. Thomas, Mr. Lesiecki
Law Director: Mr. Matty
Press: Mrs. McKenzie
The meeting was opened with the Pledge of Allegiance. Mrs. Bobst congratulated the challengers in the basketball game held at the Community Challenge Day on Friday, including Councilman Hagan and Mr. Patterson as coach. They successfully returned the trophy to City Hall.
The first order of business was a Public Hearing for Amended Ordinance No. 22-05, the annual appropriations ordinance, which was conducted by Mr. Hurtuk.
Following the Public Hearing, Council returned to the Legislative Meeting and a consideration of minutes of previous meetings.
MOTION:
Moved by Mrs. Bobst, seconded by Mr. Hagan and Mr. Gollinger, that the reading of the minutes of the Legislative Meeting and Executive Session of February 28, and the Special Meeting and the meeting of the Committee-of-the-Whole of March 7 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
Moved by Mrs. Bartolozzi, seconded by Mr. Frost, that the reading of the minutes of the meeting of the Buildings, Equipment and Technology Committee of February 28 be waived, and that the minutes be accepted as submitted.
Vote: Bartolozzi - aye Frost - aye Hurtuk - abstain Potterfield - aye
3 ayes 0 nays 1 abstention PASSED
Moved by Mr. Hurtuk, seconded by Mr. Gollinger, that the reading of the minutes of the meeting of the Finance Committee of March 7 be waived, and that the minutes be accepted as submitted.
Vote: Hurtuk - aye Bobst - aye Frost - aye Gollinger - aye
4 ayes 0 nays PASSED
Moved by Mr. Frost, seconded by Mr. Gollinger, that the reading of the minutes of the meeting of the Safety Committee of February 28 be waived, and that the minutes be accepted as submitted.
Vote: Frost - aye Bartolozzi - aye Hagan - aye Gollinger - aye
4 ayes 0 nays PASSED
MAYOR'S REPORT: NONE
LAW DIRECTOR'S REPORT:
During the past week, Mr. Matty received the 78th report from Norfolk Southern. For the month of February, an average of 2.4 trains per day passed through our City.
Ordinance No. 42-05, on tonight's agenda, concerns a matter raised previously in Council and represents a settlement in the Seronka lawsuit for $4750. It will be paid through the insurance carrier as noted in Section 2 because that is how the company handles payments of less than the $10,000 deductible.
Comments were received from Chief Wagner on the proposed revision of Chapter 505. Mr. Matty had asked for the Chief's comments as well as input from Animal Control Officer Hearn and the prosecutor, Mr. Hotz. He expects those comments before the end of the week so that the matter can be discussed at next Monday's Committee-of-the-Whole.
COMMITTEE REPORTS:
Parks and Recreation Commission: Mrs. Bobst reported that the Commission will meet Wednesday at 8:00 a.m. in the Pavilion.
COMMUNICATIONS AND ANNOUNCEMENTS:
A short memo has been received from the Mayor concerning the architectural and engineering design work for the Civic Center addition. The Administration has recommended the low bidder, Brandstetter Carroll and Zofcin. Mrs. Bobst expressed appreciation for the Administration's work.
Mrs. Bobst also received a copy of a letter from Kory Koran to a representative of Giant Eagle thanking that firm for its support of the Senior Center Transportation program with a $7500 contribution. She also thanked the company for the generous level of its support.
Packets this week will include a proposed resolution creating the Northeast Ohio League for Leadership and Advocacy. This proposal came from a planning meeting attended by Mrs. Bobst and Mr. Hurtuk for representatives of ten counties participating in advocacy efforts for the benefit of the Northeast Ohio area. There will be no dues or cost for membership. Discussion will proceed at next week's meeting to provide guidance on whether to move forward.
There is an additional page to Exhibit "A" of Ordinance No. 40-05 which has been distributed to Council members and is available for the public. This ordinance will have its first reading this evening and be referred to the Planning Commission.
There were no requests from members of Council for changes to the Consent Agenda.
AUDIENCE PARTICIPATION:
Bob Kelly, 20177 West Haven Lane asked about Ordinance No. 2-05, the rezoning of property adjacent to his property on Lake Road. He was told that the Public Hearing for this rezoning will be held next week at 8:00 p.m. He asked then if Council can place conditions on rezoning. Mr. Matty responded that it depends on the conditions, but generally, no. Mr. Kelly then cited an example of a zoning code permitting 10 floors and wondered if Council can rezone a property but allow only eight floors. Mr. Matty said that it could not. Mr. Kelly indicated that he will be present next week to make sure that his $12 million investment is preserved with good planning.
RESOLUTION NO. 133-04 BY EARL W. POTTERFIELD
A RESOLUTION ADOPTING A COMPREHENSIVE GENERAL PLAN KNOWN AS THE ROCKY RIVER MASTER PLAN
The Master Plan is still under review by the Planning Commission, which is concluding its deliberations. Their recommendations will then be referred to the Planning, Zoning and Economic Development Committee of Council.
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"
This rezoning ordinance has been read twice and recommended by the Planning Commission. It is scheduled for a Public Hearing next Monday at 8:00 p.m. Following that hearing it will have its third reading.
MOTION:
Moved by Mr. Hurtuk, seconded by Mr. Hagan, that Ordinance No. 22-05 be amended with the revised figures provided by the Finance Director.
Discussion: Mr. Hurtuk turned to Mr. Thomas who explained that changes requested by Council had been made and copies of the changes distributed. The expenditure of the grant funds for the fire truck and the remainder forwarded by transfer from the Permanent Improvement Fund were included as discussed at last week's committee meeting.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
Bobst - aye
7 ayes 0 nays PASSED
AMENDED 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
3RD READING
Moved by Mr. Hurtuk, seconded by Mr. Gollinger and Mr. Hagan, that Ordinance No. 22-05 be passed as read:
Discussion: Mr. Hurtuk noted that the Finance Committee had held comprehensive meetings with testimony from department heads and Court representatives about their budgets. He has long believed that Council's role is not to set policy, but to question items. Each year is a stand-alone budget which starts at zero and adds necessities. He thanked the Mayor and Mr. Thomas for providing good guidelines, walking through the process. He thanked members of his committee for taking it upon themselves to lead discussions and question the Finance Director and members of the Administration.
The meeting of February 3 was very informative. Mr. Hurtuk was pleased at the appropriate budget which he hoped would pass unanimously. This budget will be monitored closely from month to month. The Finance Department is working on an executive summary provided on a monthly basis so that Council members can be made aware of any changes immediately and make adjustments. He further commented that he is encouraged to see that projections are close to the actual figures with no drop in payroll taxes.
Mr. Gollinger echoed Mr. Hurtuk's comments. He observed that it was evident that the Finance Director had brought a great deal to his position. His expertise will benefit the citizens of the community.
Mr. Hagan expressed gratitude to Mr. Hurtuk and the Finance Committee not only for the time put into the hearings, but for the many questions and telephone calls that were necessary to bring the matter to Council. The meetings were well-run, making the budget process easier. He also remarked that the Mayor and Mr. Thomas have worked very hard. The increases are palatable, based on past costs and increases incurred in the running of the City and for its personnel.
Finally, Mrs. Bobst expressed her thanks to Mr. Hurtuk who has elevated the process to an art and a science. He has taken a complex work and seamlessly represented one year in the life of the City. He worked well with the Administration and other Council members to see the needs and wants of the residents and neighborhoods to provide information for capital expenditures. She further thanked the Administration and commented that not one item of information requested was not provided by the next week.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
Bobst - aye
7 ayes 0 nays PASSED
ORDINANCE NO. 32-05 BY EARL W. POTTERFIELD
AN EMERGENCY ORDINANCE AMENDING CHAPTER 1321 ENTITLED "PERMIT, INSPECTION AND LICENSE FEES", OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, BY ADDING A NEW SECTION 1321.10, AND AS FURTHER DESCRIBED IN EXHIBIT "A"
1ST READING
This ordinance will be discussed further at the next meeting of the Committee-of-the-Whole.
ORDINANCE NO. 35-05 BY BRIAN A. HURTUK
AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH CIUNI & PANICHI, INC. FOR PROFESSIONAL ACCOUNTING SERVICES AT A COST NOT TO EXCEED $24,500 AND DECLARING AN EMERGENCY
1ST READING
Both this ordinance and the one which follows will be further discussed at the next Committee-of-the-Whole. Mr. Hurtuk indicated that he would like to review qualifications before moving for passage.
ORDINANCE NO. 36-05 BY BRIAN A. HURTUK
AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH CIUNI & PANICHI, INC. FOR PROFESSIONAL ACCOUNTING SERVICES AT A COST NOT TO EXCEED $4,500 AND DECLARING AN EMERGENCY
1ST READING
See discussion for Ordinance No. 35-05 above.
ORDINANCE NO. 39-05 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"
1ST READING
Moved by Mr. Frost, seconded by Mr. Gollinger and Mrs. Bartolozzi , that the rule requiring that Ordinance No. 39-05 be read on three separate days be suspended, and that Ordinance No. 39-05 be placed upon its passage:
Discussion: Mr. Frost turned to Mr. Linden who explained that an error had occurred on Exhibit "A" and two sections were omitted in the drafting of the exhibit. This will restore those omitted sections, so there is no reason to delay passage.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
Bobst - aye
7 ayes 0 nays PASSED
Moved by Mr. Frost, seconded by Mr. Gollinger, that Ordinance No. 39-05 be passed as read:
Discussion: Mr. Matty further explained that this exhibit now contains the original code section with the addition of the CSO as intended in the original ordinance.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
Bobst - aye
7 ayes 0 nays PASSED
ORDINANCE NO. 40-05 BY EARL W. POTTERFIELD
AN EMERGENCY ORDINANCE AMENDING SECTION 1143.03 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, ENTITLED "SCHEDULE OF AREA, YARD AND HEIGHT REQUIREMENTS", AND AS FURTHER DESCRIBED IN EXHIBIT "A"
1ST READING
Mr. Potterfield noted that a page was added to the exhibit this evening. The ordinance will now be referred to the Planning Commission.
ORDINANCE NO. 41-05 BY EARL W. POTTERFIELD
AN EMERGENCY ORDINANCE AMENDING SECTION 1321.03 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, OHIO ENTITLED "INSPECTION FEES", AS FURTHER DESCRIBED IN THE ATTACHED EXHIBIT "A"
1ST READING
This ordinance will be further discussed at next week's meeting of the Committee-of-the-Whole.
ORDINANCE NO. 42-05 BY BRIAN F. HAGAN
AN EMERGENCY ORDINANCE APPROVING A FULL AND FINAL SETTLEMENT/ COMPLETE RELEASE OF CUYAHOGA COUNTY COURT OF COMMON PLEAS CASE NUMBER 04 CV 549816 ENTITLED RICHARD J. SERONKA VS CITY OF ROCKY RIVER, AS SET FORTH IN EXHIBIT "A" ATTACHED HERETO
1ST READING
Moved by Mr. Hagan, seconded by Mr. Gollinger , that the rule requiring that Ordinance No. 42-05 be read on three separate days be suspended, and that Ordinance No. 42-05 be placed upon its passage:
Discussion: Mr. Hagan indicated that the agreement was already signed and there was nothing to be gained by delay.
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. 42-05 be passed as read:
Discussion: This matter was brought before Council by Mr. Matty and discussed. It was settled within the authority granted by Council.
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:
MOTION:
Moved by Mr. Hagan, seconded by Mrs. Bartolozzi that Ordinance No. 24-05 be amended by adding the page showing dues allocation distributed last week by the Administration. This will not change the agreement.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
Bobst - aye
7 ayes 0 nays PASSED
AMENDED ORDINANCE NO. 24-05 BY BRIAN F. HAGAN
AN ORDINANCE REPEALING ORDINANCE NO. 134-04 AND AUTHORIZING THE MAYOR TO ENTER INTO AN AMENDED WESTSHORE COUNCIL OF GOVERNMENTS AGREEMENT FOR THE CENTRAL DISPATCH CENTER, AND DECLARING AN EMERGENCY
2ND READING
This agreement will place Rocky River on the same page as the other cities in the WCOG which have passed it.
ORDINANCE NO. 29-05 BY ROBERT S. FROST
AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO ENTER INTO CONTRACT WITH GENE PTACEK AND SON FIRE EQUIPMENT COMPANY, 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
Mr. Frost reviewed last week's discussion, noting that this was the lowest bidder and recommended by the Safety-Service Director.
ORDINANCE NO. 30-05 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"
2ND READING
This also was discussed at the Committee-of-the-Whole. Mrs. Bobst stated that it was important to note that there was no increase in rates for season passes for residents. The ordinance does clarify some policies and adds rates for new services, such as the sprayground.
ORDINANCE NO. 33-05 BY FRANK GOLLINGER
AN EMERGENCY ORDINANCE AUTHORIZING THE SAFETY SERVICE DIRECTOR TO ENTER INTO A CONTRACT FOR THE PURCHASE OF CATIONIC POLYMER FOR ONE YEAR FOR THE WASTEWATER TREATMENT PLANT AT A COST OF $1.37 PER POUND AT A COST NOT TO EXCEED $32,500.00
1ST READING
Mr. Gollinger explained that this is an annual ordinance to purchase a chemical used for sludge dewatering. The low bidder was recommended by the Administration.
ORDINANCE NO. 34-05 BY BRIAN F. HAGAN
AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR AND DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE TREE LAWN TREES FOR THE CITY OF ROCKY RIVER FROM GENERAL TREE SERVICE IN AN AMOUNT NOT TO EXCEED $25,000.00
1ST READING
This program was recommended by the Beautification Committee. Over 100 trees are needed for spring planting.
ORDINANCE NO. 37-05 BY FRANK B. GOLLINGER
AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF ROCKY RIVER AND URS CORPORATION FOR PROFESSIONAL SERVICES RELATIVE TO THE PREPARATION OF A SEWER FLOW AND STRENGTH STUDY IN AN AMOUNT NOT TO EXCEED $44,500.00
1ST READING
Also discussed last week, this ordinance will authorize a flow and strength study which will measure the flow and determine what percentage of costs will be paid by each of the member communities who divide the costs of the WWTP. In answer to Mr. Gollinger's question, Mr. Lesiecki indicated that this was last done in 2000.
ORDINANCE NO. 38-05 BY BRIAN F. HAGAN
AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A MEMORANDUM OF UNDERSTANDING BETWEEN THE CUYAHOGA SOIL AND WATER CONSERVATION DISTRICT AND THE CITY OF ROCKY RIVER, ATTACHED HERETO AS EXHIBIT "A"
1ST READING
Discussed last week, this is basically a renewal of services already being used by the City. Two different types of services are being contracted, and the Administration is hopeful that some of the costs will be reimbursed, pending new legislation.
Moved by Mrs. Bobst, seconded by Mr. Hurtuk and Mr. Gollinger, that the rule requiring that the seven 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. Gollinger and Mrs. Bartolozzi, that the seven stated ordinances be passed as read:
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
MISCELLANEOUS BUSINESS:
Because this is Mr. Lesiecki's last meeting, Mrs. Bobst took this opportunity to thank the City Engineer for his attendance and guidance on a variety of capital improvement projects and matters, including the WWTP.
AUDIENCE PARTICIPATION:
Fred I. Sokol, 20021 Parkview Avenue, remarked that as a resident and constant attendee of Council meetings, he wanted Mr. Lesiecki to know that he would be missed and to wish him good luck.
Anthony J. Spremulli, 20147 Hilliard, thanked Council members for their efforts in coming to what appears to be an acceptable resolution for the property at Wooster and Shoreland. He said that he regrets the level of controversy, but he pointed out that he was fighting for his livelihood which he felt was in jeopardy. He further stated that he was glad to see that our system of government works and that the parties were able to come up with an acceptable resolution. He expressed particular gratitude to Mr. Potterfield whom he felt was neutral, objective and fair and considered what is best for all Rocky River citizens. He also thanked Mayor Knoble for his understanding and help in resolving this problem and said he was looking forward to being a responsible tenant with a friendly relationship under the terms of the lease.
As there was no further business by members of Council, the meeting was adjourned at 8: 55 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 14, 2005. These minutes may be revised or amended at the next Legislative Meeting.
DRAFT
CITY OF ROCKY RIVER
MARCH 14, 2005
PUBLIC HEARING - AMENDED ORDINANCE NO. 22-05
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
The Public Hearing for Amended Ordinance No. 22-05 was called to order by Mrs. Bobst, President of Council at 8:01 p.m.
Council Members Present: Mr. Gollinger, Mr. Potterfield, Mr. Frost, Mr. Hurtuk,
Mrs. Bartolozzi, Mr. Hagan, Mrs. Bobst
Administration: Mr. Linden, Mr. Thomas, Mr. Lesiecki
Law Director: Mr. Matty
Press: Mrs. McKenzie
Mrs. Bobst introduced Mr. Hurtuk, Chairman of the Finance Committee, who explained that, working closely with Mr. Thomas, the Mayor and members of the Administration, the Finance Committee was able to interview department heads to ascertain their budget needs. He thanked not only the members of his committee, but all Council members who were in attendance.
AUDIENCE PARTICIPATION:
Fred I. Sokol, 20021 Parkview, said that this year's appropriations, $52,791,078 was an increase of $4,525,411from the 2004 proposed appropriations of $48,265,667. He felt that the included amount of $4,416,600 was too much to have been allotted to pay for the Rocky River general government. His solution was to place Rocky River citizens in control to limit their taxes and spending.
As there was no further public comment, the Public Hearing was closed at 8:05 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 Public Hearing of March 14, 2005. These minutes may be revised or amended at the next Legislative Meeting.