DRAFT

CITY OF ROCKY RIVER

MARCH 21, 2005

The Committee-of-the-Whole 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. Koran

Law Director: Mr. Matty

Press: Mrs. McKenzie

The meeting was opened with the Pledge of Allegiance. Mrs. Bobst turned to Mr. Potterfield to conduct the Public Hearing for Ordinance No. 2-05, a rezoning. The taping of the Hearing by a resident continued into the meeting of the Committee-of-the-Whole when it resumed at 8:15.

MAYOR'S REPORT:

Because the Mayor was away last week, his report was brief. He thanked his assistant, Mrs. Burt, and Mr. Linden who filled in. He reminded everyone that City Hall would be closed this Friday as has been traditional.

UNFINISHED BUSINESS:

Resolution No. 133-04: This resolution adopts the Master Plan. Mr. Potterfield reported the Planning Commission has almost completed its review. A final overview remains with final comments as well as a discussion of the Yacht Club Basin which was referred to the Commission by Council. Mr. Potterfield expects that these topics will be covered at the Commission's next meeting.

Ordinance No. 2-05: This rezoning ordinance has had two readings and the Public Hearing was held this evening. Next week it will be available for passage.

Ordinance No. 32-05: This ordinance which changes the Code to make developers responsible for the cost of studies necessitated by their proposals will have its second reading next week. There were no additional questions or comments by members of Council.

Ordinance No. 35-05 and 36-05: These two ordinances provide for accounting services which used to be provided by the State. Because of personnel constraints, outside auditors must be retained. Mr. Hurtuk proposed a second reading next week with a third reading in April.

Ordinance No. 40-05: This density issue has been referred to the Planning Commission which will discuss it at the April meeting.

Ordinance No. 41-05: This ordinance will update inspection fees and will have a second reading next week.

MISCELLANEOUS BUSINESS:

Creation of the Northeast Ohio League for Leadership and Advocacy (NOLLA)

Mrs. Bobst reported on this proposed organization whose aim as expressed in the proposed resolution is to give the counties of Northeast Ohio strong representation in policy-making decisions made by state and federal legislators. There will be no cost or fees involved, and she and Mr. Hurtuk, who also attended the initial meeting feel that it is a positive step.

• •Mrs. Bartolozzi asked about the makeup of the group.

Mrs. Bobst explained that originally, it was thought that four representatives from each county would be a good group, but it was later decided that a group of 40 would be too large, and it was decided to have only two representatives from each county, or 20 forming the Board, and other members serving on committees.

• •Mr. Gollinger asked if this group would complement or compete with the Mayors and Managers Association, and wondered if a new group is necessary.

Mr. Hurtuk pointed out that this group would broaden participation to commissioners and other elected officials. With the state government slashing funds to local governments, it is felt that a group with this broad membership might be able to encourage the state to curtail its cuts. He added that this group would complement, rather than compete with the Mayors and Managers Association.

Mrs. Bobst remarked that there are issues which are common to all the counties in Northeastern Ohio. This group would encompass county officials, local elected officials, and other groups such as RTA and other public entities.

There was a consensus to move ahead, and Council instructed the Law Director to draft the resolution as recommended.

Proposed Revision of Chapter 505, "Animals and Fowl":

Mr. Frost opened the discussion by indicating that he had asked the Law Director for his opinions from a legal standpoint and the realistic enforceability of the changes recommended by the Working Group on Animal Control Laws.

Mr. Matty first noted that, as to Ordinance 2-05, four votes will be required for passage since next week will be a third reading.

On Chapter 505, he stated that he had requested additional opinions from Police Chief Wagner, Animal Control Officer Hearn and Prosecutor Hotz because they deal daily with enforcement. He went on to combine their recommendations and report with his own. Among the more salient points:

• •505.01 (c) to define "competent person", add "who is of suitable age, size and discretion to control the animal"
• •505.03 Because it is useful as an enforcement tool, retain this section and renumber "Unsanitary Conditions" as 303.035. Add a penalty section, same as (c) below.
• •505.035 (a) because it is not enforceable, delete "which are a menace to the health, comfort or safety of the public."
• •505.03 (b) a Council decision on whether or not to address feeding of geese, ducks, gulls or pigeons, but he suggested deleting reference to "congregation" and prohibit feeding.
• •505.06 (a), a Council decision on whether or not the City should impound animals. Further, it should be specific that it is the trespasser's teasing, etc.
• •505.06 (b) to be consistent, second and subsequent offenses should be misdemeanors of the fourth degree.
• •505.09 the title should be changed to "Animal Nuisance on Public or Private Property"
• •505.10 (d) because of the value of some animals, they should be turned over only to the owner.
• •505.11 (a) the Police Dog should be exempt from all sections of Chapter 505 herein.
• •505.11 (b) a Council decision, but both Mr. Matty and Mr. Hotz feel that examination by a licensed veterinarian within 72 hours is burdensome.
• •505.11 (d) change "dog" to "companion animal"
• •505.11 (d) a Council decision on whether to retain the language banning pit bulls. The Animal Control group has recommended deleting it.
• •505.12 (c) the Police Department feels strongly that seven days is sufficient for compliance after notification.
• •505.13 Mr. Matty recommends changing "Police Chief" to Director of Public Safety-Service because by Charter, he is the head of the department.
• •505.14 The Police Chief is adamant that the City not allow vicious dogs. This section would be retitled "Disposition of Vicious Dogs". Mr. Matty recommends that Chief Wagner's preferred wording be used.
• •505.15 Since vicious dogs are not permitted, titles will be changed to "Insurance for Dangerous Dogs" and references to vicious dogs will be deleted in subsequent sections.
• •505.16 (a) 2. The last line about tying or tethering the dog should be deleted.
• •505.21 (a) 1. Delete the last line about disinfecting receptacles as this is too difficult to enforce.
• •505.21 (b) a Council decision about whether or not to mandate the providing of medical care when an animal exhibits pain
• •505.24 (a) for the SSD, add, "or designee"
• •505. 25 (a) the Police Department feels that 3 days is sufficient to impound an animal. It also recommends raising the fee to $20 for the first day and $10 for each subsequent.
• •505.27 (a) Add "Except as provided in (b) below."
• •505.29 Because of the enforcement issue, add "on Public Property" to the title.

Mr. Matty further noted that both the Prosecutor and Animal Control officer had volunteered their time if Council wishes to further discuss any point.

Mr. Frost then led a discussion of the areas which Mr. Matty designated as Council decisions so that an initial ordinance with exhibit can be drafted. He voiced his intention to largely follow the recommendations of the Law Director and those charged with enforcement. The Committee's consensus was as follows:

• •It was decided to retain the reference to feeding Canada geese, ducks, gulls or pigeons.
• •In Animals at Large, "after escaping an electronic pet containment system" will be deleted so that regulations apply to animals at large for any reason.
• •In the discussion of determination of injury by a veterinarian, Council decided to delete the provision after the Law Director pointed out that the veterinarian would be required to testify in Court and this could be proved by photograph.
• •It was decided to retain the prohibition against owning a pit bull since it has been in the Code for a long time and has not caused carryover to other breeds.
• •Mr. Frost asked if Mr. Matty is satisfied the due process is being observed in the appeal process. Mr. Matty said that as of now, it satisfies the requirements. This could change as case law establishes different standards.
• •It was decided to retain the illegality of not providing veterinarian care for animals exhibiting pain or suffering.
• •Finally, in the administering of poison, it was decided to add "or on the real property of the owner as" so that an owner could administer poison in his dwelling or on his property.
  
  

Mr. Frost asked that a draft be prepared with these recommendations as well as an ordinance for consideration. He stated his intention to read the ordinance three times and hold a public hearing for residents to express their opinions.

Mr. Gollinger raised the point that in the section on barking or howling dogs, it is not necessary to be a trespasser to tease or torment an animal. Mr. Matty urged Council to limit exceptions which would hinder enforceability.

Mr. Frost indicated that he is comfortable with the recommendations and that further discussions will be held at future Committee-of-the-Whole meetings. Responding to a question from Mr. Hagan, he does not anticipate any further meetings of the Safety Committee at this time, unless other matters arise.

Orchard Park/Bates Road Improvements Project:

Mrs. Bobst turned to the City Engineer as the discussion of this topic opened. Referencing the memoranda prepared by Mr. Lesiecki on March 7 and March 10, she asked if he had any further comments.

Mr. Lesiecki commented that the memos are self-explanatory, adding that he would be glad to answer any questions or concerns of Council members.

• •Mrs. Bobst asked if Mr. Lesiecki had any problems with the items in his report listed as "non-perform". Mr. Lesiecki responded that there was no problem with these items as they were withdrawn at the request of the City.
• •Mrs. Bobst then asked about dollar amounts, and how much has been paid. Mr. Lesiecki said that the original contract has been paid, except for $89,070.14, which is a retainage to insure that the work is completed. Because very little work remains to be completed, the Engineer recommends payment of $109,409.91 ($125,536.89 less $16,126.98 as explained in the March 17 memo concerning Dominion East Ohio reimbursement).
  
  
• •The recommended payment has been discussed with the contract administrator. Changes to the contract were approved in the field at unit prices presented by the contractor for actual work done in the field.
  
  

Mayor Knoble, asked his opinion, commented that the consulting engineer and the City Engineer have done a good job of summarizing the project. Conditions and the adversarial conduct of the contractor from day one have hampered the project which is not yet complete. He stated that the summary is excellent; that the City attempted, as the job progressed, to get the best job possible.

Mr. Lesiecki was asked about the retainage. Because very little work remains, Mr. Lesiecki's memo of 3/17 recommended payment to the contractor less the amount required to repair damage done which was previously requested of Dominion. This is contingent upon Dominion East Ohio providing the proper documentation to Mr. Matty's satisfaction.

The Mayor noted that additional paving will be rebid and done by another contractor.

Mr. Matty commented that if the recommendations of the Engineer are followed, there will be an additional $57,000 to be argued about in Court. That is what DiGioia Suburban thinks they are owed.

At the suggestion of Mr. Hurtuk, it was decided that a joint meeting of the Finance Committee and the Contracts Committee will be held with the contractor and the contract administrator. This would answer all the questions raised.

Mrs. Bobst agreed, and it was decided that no payment ordinances would be drafted at this time.

COMMITTEE REPORTS:

Parks and Recreation Commission: Mrs. Bobst reported that the Commission has been discussing the architectural and engineering design work for the Civic Center expansion. The Mayor said that the proposals were all excellent, and he could find no reason to disqualify the lowest bid. Mr. Matty commented that he had received a 15-page contract and scope of services with too little time to review in preparation for this meeting. Since he will be away next week, he will schedule meetings with Mr. Patterson and with the architects and Mr. Patterson when he returns before presenting the ordinance to Council.

In other business at the meeting, the Commission reviewed a letter sent to Dr. Allen, Superintendent of Schools, regarding the possible skate park to be located at the high school.

The annual report was submitted.

Each Commission member received a list of over 200 names submitted for the outdoor aquatic facility.

The ice rink will close March 26.

The outdoor aquatic facility is on schedule and on budget.

NEW BUSINESS:

Ordinance No. 43-05: This is an existing contract for the City's printing which will be extended for a second year.

Ordinance No. 44-05: This also is an existing contract with Pepsi to provide beverages for the Recreation Department and other locations. The Finance Director has asked for these ordinances to facilitate the paperwork.

Ordinance No. 45-05: This is a standard easement to provide water service for Grand View development. It will have a first reading on Monday.

COMMUNICATIONS AND ANNOUNCEMENTS: NONE

As there was no further business by members of Council, the meeting was adjourned at 9:30 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 meeting of the Committee-of-the-Whole of March 21, 2005. These minutes may be revised or amended at the next Legislative Meeting.

DRAFT

CITY OF ROCKY RIVER

MARCH 21, 2005

PUBLIC HEARING - ORDINANCE NO. 2-05:

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"

The Public Hearing for Ordinance No. 2-05 was opened by Mrs. Bobst, President of Council, at 8:02 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. Koran

Law Director: Mr. Matty

Press: Mrs. McKenzie

Mrs. Bobst called upon Mr. Potterfield, Chairman of Council's Planning and Zoning Committee. Mr. Potterfield noted that the ordinance had been read twice and previously discussed.

He turned to Ms. Adrien Elliott, a representative of King James Residential. Ms. Elliott stated that the rezoning has been requested because of a new project suggested during the construction and sale of their current project, Astor Place. That project has been very successful, selling 26 of 35 units at an average price of $475,000. Buyers ranged in age from the 20's to 62. Square footage ranged from 2800 to 3200 sq. ft. Although the townhouses could be built with elevators, many older residents expressed interest in one-floor living, and some requested spaces of various sizes. A new project is visualized, with residents entering a drive-in garage and taking a central elevator to spaces ranging from 1500 to 4000 sq. ft. These maintenance-free spaces would appeal to a 55-75 age group, some of whom will travel in winter. Ms. Elliott distributed a presentation showing the past history of their company, some current projects and possible design ideas for the proposed project.

Mr. Potterfield indicated that the current zoning was Local Business and the proposal would be for Multi-Family. The rezoning has been reviewed by the Planning Commission and recommended; it has also been reviewed by the Planning, Zoning and Economic Development Committee of Council and been recommended. He confirmed with Ms. Elliott that the property had been zoned multi-family prior to the Local Business zoning at the request of another developer.

At this point, Mrs. Bobst noted that the meeting was now being taped by a resident.

AUDIENCE PARTICIPATION:

Mike Wenneman, 13 Astor Place, expressed concerns about the type of building to be raised on the property. In talking to his neighbors, he indicated that it sounds as if the structure will be an apartment-type building with a flat roof. He is concerned about what it will do to the area, especially with current redevelopments. He believes that this type of building will not have a continuing draw.

• •Mr. Potterfield commented that Council will not, at this point, focus on the building or structure, but only on the suitability of the new zoning.
  
  

Bob Kelly, 20177 West Haven, is the developer of Beachcliff Row, a $12 million project. This project will encompass 27 units with architecture similar to Astor Place. He is in favor of residential zoning, and praised the Astor Place project. He asked Mr. Potterfield what he meant when discussing the suitability of rezoning.

• •Mr. Potterfield explained that any rezoning would have to be compatible with the surrounding area, noting that General Business, for example, would not be suitable, and owners would have to be considering a residential use to be reasonably compatible with neighbors.
  
  

Mr. Kelly reiterated that he is in favor of the residential rezoning. He is concerned, however, about the architectural details. He feels that single-family rowhouses with peaked roofs are more compatible than what he has heard about the current proposal.

• •Mrs. Bobst noted that there will be no vote this evening on the issue; next week it will be available for consideration. She noted that the architectural side is not part of the consideration of rezoning, but will be handled by the City's Boards and Commissions if the rezoning takes place.
  
  
  
  

Arthur Stone, Commander, American Legion Post 451,is a key player in the process because he represents the current owners of the property. The Legion has been approached by a number of developers interested in the property for both business and residential uses. He feels that the current building is not the type of structure which now belongs in the area and feels it is in the best interests of the City to proceed with the Multi-Family zoning.

As there was no further public comment or comment from members of Council, Mr. Potterfield moved the adjourn the Public Hearing. Mr. Gollinger seconded, and following a unanimous voice vote, the hearing was adjourned at 8:15 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 21, 2005. These minutes may be revised or amended at the next Legislative Meeting.