DRAFT

CITY OF ROCKY RIVER

March 22, 2004

Planning, Zoning and Economic Development Committee

The meeting of the Planning, Zoning and Economic Development Committee was called to order by the Chairman, Mr. Potterfield, at 6:30 p.m. in the Committee Room.

Planning, Zoning and Economic Development Committee Members Present:

Mr. Potterfield, Mrs. Bartolozzi, Mr. Gollinger

Recused: Mr. Hurtuk

Council members present: Mr. Hagan, Mrs. Bobst

Administration: Mayor Knoble, Mr. Lesiecki, Mr. Koran

Law Director: Mr. Matty

Mr. Potterfield opened the meeting by stating its object, to discuss the land use for the City's property on Lake Road north of the Service Garage. In previous discussions, a 3-1 consensus was reached to sell the property without a specific consensus on the property use. This meeting is being held to determine a recommended usage.

Mr. Koran, the City's Economic and Community Development Director, reviewed an updated economic impact analysis as requested by the chairman. The revisions were made because the developable area was reduced from 4 acres to 3.5 acres to accommodate the location of utility lines or easements. Mr. Koran, then, using the ratio of 4:3.5, reduced the original figures by approximately 12½ %. In his analysis, therefore, if the 4 acre area would accommodate 10 units, the new figure would be 9, or in Option B, 17 units currently from 20 originally.

Also as requested, Mr. Koran prepared a report projecting income from the site for residential use or office use.

• •Based on his conversations with area builders, he estimated that the property could bring $1 million for building 20 units of attached single-family homes for residential use. Further, he estimated that with income tax reciprocity and retirees, that the yearly revenue from property and income tax could be approximately $58,578. If this happened, after 10 years, the revenue from this use would be $1,585,780.
• •If the sale price for office use were to be $500,000 (and it could be double that figure), and yearly revenue at his possible estimate of $158,620, $100,000 more than in the residential use, then the 10-year revenue figure from this use would be $2,086,200. Mr. Koran stressed that while he believed that the office use would bring more income, the exact figures remain to be seen. These were estimates only and the actual numbers could vary greatly.

Mr. Potterfield pointed out that in the office figures, the City has already spent more than the potential estimated price. He then asked for comments and questions from committee members who had been asked to review City Architecture's report on the strengths and weaknesses of each use.

• •Mr. Gollinger asserted that initially, his thinking had revolved around office use because of the opportunity to generate revenues for the city and questions about the attractiveness of the land for residential use. He expressed his hope that the selling price would be on an "as is" basis without any additional funds for site preparation or remediation. Any costs for relocation of utility lines should be borne by the developer.
• •Mr. Potterfield commented that after his review, he felt that a residential use would have the least impact on neighbors and the most appeal for him. Possible uses are single family or cluster homes, up to a possible R4 or R5 where the property could have a potential 5, 6, or 7 story building bringing higher initial value to this lot and more in tax funds. He does not favor commercial use because businesses are impermanent and the property could experience turnover and an instability in the number of employees. Further, employees would create more traffic along with City vehicles which will have an impact.

Mr. Koran responded that he does not favor more apartments in that area, or anywhere in the community. This is reinforced further by the Master Plan. At present, we have 29% rentals.

Mr. Potterfield indicated that he felt an R4 or R5 would add to the value of the land and

provide a better lake view.

Mr. Koran agreed that more units would add to the value, but pointed out that the

City must also consider the long-term impact of more traffic, etc. One concern is

complaints about the WWTP.

Mr. Potterfield suggested that the view could be controlled by window placement.

Mayor Knoble asserted that the Administration is steadfastly opposed to apartment

housing of any construction type, size, or economic level. He noted that 90% of safety

and welfare concerns come from rental properties.

• •Mrs. Bartolozzi observed that the site is currently zoned for public use. She has no problem with office usage, partly because the neighborhood, bounded by the WWTP, Lake Road with Bradstreet's Landing is not a cozy neighborhood setting, and to her, an office use is sensible. She noted that there are other designs besides the two-story box and that with attractive landscaping, the site would have appeal.
• •Mayor Knoble pointed out that the City has a unique possibility of creating a high-level office environment with no equal between W. 58^th Street in Cleveland and downtown Lorain. This site is on a 4-lane highway with easy access to I-90 via Clague Road and an unobstructed view of the lake without being a lakefront property. This could be an owner-occupied building beyond comparison.
• •To Mr. Potterfield's observation that office tenants would complain about the WWTP as much as residents, Mr. Lesiecki pointed out that most office construction today features windows that do not open. In this case, it could serve to insulate workers from noise and unpleasant odors, although the 1999-2000 expansion changes were successful in greatly reducing odors. Mr. Lesiecki further indicated that the EPA Phase I testing was under way, having begun on March 3, and in two weeks, the City will have its answer.
• •Mr. Potterfield further mentioned that old-time residents had told him that at one time, the property was lower than Lake Rd., and that there may be more fill than was formerly thought. Mr. Lesiecki commented that construction was still possible, although not as easy as with virgin soil.
• •Mr. Gollinger noted that the park across the street makes this a unique site. Answering Mr. Potterfield 's question, he said that Mr. Frost, the ward Councilman, has not received much resident comment on the subject.
• •Mrs. Bobst noted that there will be ample opportunity for further public comment at the Public Hearings which will be held before any zoning changes.
• •Mr. Potterfield indicated his preference that possible uses be determined before bids are solicited so that the situation is controllable. He said that he also favored a minimum bid of $1 million to cover the costs. Mrs. Bobst pointed out that Council is not required to accept any bid.

Mr. Matty expressed his hope that the committee can determine the usage of the property this evening or by the full Council on April 5 to give guidance to the Community Development office. He noted that approximately 1/5 of an acre on the western edge would be retained if the City decided to transfer utility lines. A legal description will be required, first for rezoning and then sale. We can rezone more than we sell and retain part for a 20 ft easement.

• •Mrs. Bartolozzi asked if the property can be rezoned once more if there are no buyers in this classification. Mr. Matty responded that we could.

MOTIONS:

Moved by Mr. Potterfield, seconded by Mrs. Bartolozzi, that the Planning, Zoning and Economic Development Committee recommend to Council and the Administration that no additional funds be spent on the site, and that the developer bear the burden of any site improvements. Mr. Matty added that an exception should be made for a Phase II study, if required. Mr. Potterfield assented.

Vote: Potterfield - aye Bartolozzi - aye Gollinger - aye

3 ayes 0 nays PASSED

As to land use, moved by Mr. Potterfield, seconded by Mr. Gollinger, that the City property on Lake Road north of the Service Garage be used for residential development.

Vote: Potterfield - aye Bartolozzi - nay Gollinger - nay

1 aye 2 nays DEFEATED

Moved by Mr. Gollinger, seconded by Mrs. Bartolozzi, that the classification be changed to O-1

for commercial office at a grade of 620' with a maximum building height of 35' allowing a two-story building with parking.

Vote: Potterfield - nay Bartolozzi - aye Gollinger - aye

2 ayes 1 nay PASSED

Moved by Mrs. Bartolozzi, seconded by Mr. Gollinger, that the City Engineer be directed to prepare plat and legal descriptions of the parcel in preparation for rezoning.

Vote: Potterfield - aye Bartolozzi - aye Gollinger - aye

3 ayes 0 nays PASSED

Mr. Matty noted that the western part will be reserved or easements accepted.

There was no further discussion from Council, and the meeting was adjourned at 7:09 p.m.

_______________________________ _______________________________

Earl W. Potterfield, Chairman Misao Kurokawa

Planning, Zoning and Economic Clerk of Council

Development Committee

Please note: This is a draft copy of the minutes of the Planning, Zoning and Economic Development Committee meeting of March 22, 2004. These minutes may be amended or revised at the next Legislative Meeting.

DRAFT

CITY OF ROCKY RIVER

March 22, 2004

Contracts - Government and Judicial Committee

The meeting of the Contracts - Government and Judicial Committee was called to order by the Chairman, Mr. Hagan, at 7:10 p.m. in the Committee Room.

Contracts - Government and Judicial Committee Members Present:

Mr. Hagan, Mrs. Bobst, Mr. Frost

Council members present: Mr. Gollinger, Mr. Potterfield, Mrs. Bartolozzi

Administration: Mayor Knoble, Mr. Patterson

Also present: Dr. Dennis Allen (Superintendent of Schools), Mr. Andrew Bemer (Board of Education)

Law Director: Mr. Matty

Mr. Hagan opened the meeting, stating that its object was to discuss Ordinance No. 32-04, a proposed Turf Field Agreement between the City and the school district. He noted that

representatives of the schools and the City's Recreation Department were in attendance.

Dr. Allen, Superintendent of Schools, began by thanking the City for working with the Board in its decision to replace the turf at the high school field with an artificial surface. This is not a sudden decision; discussions have been ongoing for some time about the project and its funding. Undertaking this replacement means that maintenance costs will be significantly reduced. This will also benefit the City's Recreation Department which will have the opportunity to use the field for recreation programs. At this point, the Recreation Department has been hampered by the unavailability of fields-or even land to develop into fields. For the City, this could be an opportunity to solve this problem by sharing the high school field. Dr. Allen noted that time can be made available for Rec Department or community use. The partnership agreement outlines how it will work.

Mr. Hagan raised questions that had been asked and which were answered by Dr. Allen:

• •How will it be funded? If the agreement is passed, it will be in force for the next 10 years with the City agreeing to pay a certain amount in exchange for use of the field.



• •How will the balance be funded? Initially, the Board will finance the project from its permanent improvement fund which will cover the construction and installation costs. Community partnerships will raise funds to help recoup those costs and reimburse the permanent improvement fund. With lease arrangements, community donations, and annual savings of $30,000 to $40,000 for grass maintenance, it is hoped that it will not take too long to replace the funds in the permanent improvement fund.



• •Has a product been chosen? Two different products are available, as this is no longer just a carpet over asphalt. A knit carpet-like surface covers a filling of rubber or rubber and sand. Specifications for both types will be included in the school's bidding process, hoping to create some competition. This field is currently in use at St. Ignatius and Brunswick, and Solon has just awarded a contract for its installation.



• •Have these schools experienced a higher rate of injury to its athletes? This is the third or fourth generation of this turf and it is greatly improved from the time when injuries occurred more often. The combination of rubber and sand allows athletes to wear the same shoes they are wearing on grass fields. Medical research on this type of turf is more positive than it has been.



• •From Mrs. Bobst: What will this mean in the new conference? Are there other schools that will have this surface? No, we would be the first public school to have the surface in this area.

Mr. Patterson commented that for the Recreation Department, there are many advantages:

• •City teams will have the opportunity to use the field under all weather conditions because its drainage system is so much better than conventional fields.
• • A variety of activities can be accommodated because it is easy to convert this field to many sports. The Rocky River soccer organizations continue to grow and sufficient field space is scarce.
• •Wear and tear will no longer be a worry, and maintenance will not be our concern.
• • The field is centrally located with parking and restrooms already provided.
• •Parents can even use the track to exercise while waiting for youngsters involved in activities.

Mr. Matty gave personal testimony of the drainage that permitted a St. Ignatius jayvee game to proceed 15 minutes following an extremely heavy downpour.

• •Mr. Patterson pointed out that this will improve scheduling problems, as fewer makeup games will be necessary.
• •It will also consolidate the supervisory staff in one location, rather than at fields all over the City.

Mr. Matty also commented that the contract imposes a $750,000 ceiling. The School Board agrees to absorb any overage. To Mr. Gollinger's question of last week, Mr. Matty explained that insurance will not be an issue as community groups must provide coverage in order to play, and the City will have no further exposure.

Mr. Frost asked about expenses required for repairs, if needed. Mr. Matty responded that the School Board assumes responsibility for the repairs. The only additional expense should be spreading of additional tire base. If correctly installed, it is waterproof.

Mrs. Bobst asked about the payment schedule. Mr. Matty explained that it is a "pay as you go" plan with the year divided into three seasons and payment due 15 days after the close of the season, e.g. the fall season will end on November 1 and 1/3 of the annual payment will be due on November 15. If field time is less than called for in the contract, or if the field is unavailable for any reason, adjustments will be made. Mr. Matty acknowledged that the School Board has agreed to every concept requested by the City.

Mr. Gollinger commented that he was troubled by the wording that "the City is participating in the cost of a new turf field", and that he would be more comfortable with the terms rental, or lease. He also asked about field utilization on Sundays. Mr. Patterson responded that only St. Chris and the soccer organizations play on Sunday. Mr. Gollinger expressed concern for residents who live on adjacent streets that will see increased activity and have little relief from the noise.

• •Mr. Patterson explained that no PA systems will be used, and that traffic noise will absorb a great deal. Further, the buffer between the field and homes is greater than at other parks, so that noise will be minimal. He also noted that there will be no games played under lights. Mr. Gollinger wondered if adjacent residents were notified. Dr. Allen indicated that announcements had been sent to their mailing list of over 1000, but not to adjacent residents specifically. He pledged that the Board would notify them.
• •Mr. Matty, in response to Mr. Gollinger's first question, indicated that he is comfortable with the wording because it occurs in the historical background of the agreement, and not in the legal Section 1 and Section 2. Those two sections are the only legally effective portions of the ordinance. The School Board and the City, through their respective administrations, know what will happen.
• •Asked if time was of the essence, Dr. Allen said that he would appreciate affirmative action as soon as possible so that planning could proceed.

Mrs. Anjanette Arabian stated that there is a cap to the number of activities permitted under the lights. This agreement will not go outside those parameters.

MOTION:

Moved by Mr. Frost, seconded by Mrs. Bobst, that Ordinance No. 32-04 be recommended to Council for passage.

Vote: Hagan - aye Bobst - aye Frost - aye

3 ayes 0 nays PASSED

There was no further discussion from Council, and the meeting was adjourned at 7:39 p.m.

_______________________________ _______________________________

Brian F. Hagan, Chairman Misao Kurokawa

Contracts-Government and Judicial Committee Clerk of Council

Please note: This is a draft copy of the minutes of the Contracts - Government & Judicial Meeting of March 22, 2004. These minutes may be amended or revised at the next Legislative Meeting.

DRAFT

CITY OF ROCKY RIVER

MARCH 22, 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, Mr. Lesiecki, Mr. Patterson

Law Director: Mr. Matty

Press: Mr. Vandell, Mr. White

The meeting was opened with the Pledge of Allegiance.

MOTION:

Moved by Mrs. Bobst, seconded by Mr. Hagan, that the reading of the minutes of the Legislative Meeting of March 8 and the Committee of the Whole of March 15 be waived and that the minutes be accepted as submitted with one amendment to the minutes of March 15 suggested by Mr. Matty.

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 Mrs. Bartolozzi, that the minutes of the meeting of the Safety Committee of March 8 be waived, and that the minutes be approved as submitted.

Vote: Mr. Frost - aye Mrs. Bartolozzi - aye Mr. Hagan - aye

Mr. Gollinger - aye

4 ayes 0 nays PASSED

MAYOR'S REPORT:

Mayor Knoble reported that he has received an additional 19 letters through the Ohio Citizen Action group as well as 41 individual letters (some form letters and some personally written), all protesting the increase proposed by First Energy and urging Council and the Mayor to take action. The Mayor has written to the PUCO through the Cuyahoga County Mayors and Managers Association, and our aggregation group, NOPEC, has also written a strong letter of protest.

The Mayor encouraged Council members who have information for the website to call his office so that he can be sure it is posted. This is particularly true of updates to current information on the site.

This Thursday, the Mayor will deliver his annual State of the City speech to the Chamber of Commerce.

May is stroke awareness month. Through the auspices of Lakewood Hospital, a stroke awareness survey meeting will be held for City Hall employees at 8:00 a.m. on May 12 in Council chambers. A presentation by stroke physicians will be followed by screening.

The Kiwanis pancake breakfast will be held on Sunday, April 4.

LAW DIRECTOR'S REPORT:

Mr. Matty reported that the Vintilla claim against the City concerning an accident has been decided by the 6^th Circuit Federal Court of Appeals in favor of the City. This was brought to Council as a moral claim by Ms. Vintilla's attorney.

COMMITTEE REPORTS:

Planning, Zoning and Economic Development Committee: Mr. Potterfield reported that his committee had met this evening to discuss the City property on Lake Road. The following votes were recorded: unanimous in recommending that no further monies be spent on the property unless a Phase II testing is required by the EPA; a 2-1 vote in favor of recommending a commercial zoning for the property of O-1 with a 35' height limit. Mrs. Bobst added that the Committee had also recommended that the City Engineer be directed to provide a legal description. As soon as he has received it, Mr. Matty will draft the necessary legislation.

Contracts - Government and Judicial: Mr. Hagan reported that his committee, too, had met to discuss Ordinance No.32-04, the Turf Field Agreement, and had voted to recommend to City Council that the agreement be passed. In attendance were the Director of Recreation, representatives of the School Board, and residents.

Environmental Committee: Mr. Gollinger indicated that the committee had received a newsletter from the Cuyahoga Soil and Water Conservation District which contained a complimentary article on Rocky River's compliance with regard to construction site storm water runoff control. Mr. Gollinger read the brief article and congratulated Mr. Lesiecki and his team. The Environmental Committee will meet at 7:00 p.m. on April 5 in Council Chambers.

Safety Committee: Mr. Frost noted that the Working Group on Animal Control Laws will meet tonight at 7:00 p.m. in the Committee Room. Under discussion will be Dogs at Large.

COMMUNICATIONS AND ANNOUNCEMENTS:

Mrs. Bobst announced for the last time that the Rec Department Ice Show will be held this Saturday and Sunday at the Ice Rink. With over 200 participants, it promises to be an elaborate event, and she encouraged everyone to attend.

This evening a fundraiser for the Canine Unit (Rylo) is being held at the Pearl of the Orient. Mrs. Bobst said that many officers and the Chief were there making it a success.

The Chamber of Commerce luncheon featuring the Mayor's speech on the State of the City will be at the Don Umerley Civic Center on Thursday at noon. Those planning to attend should make a reservation by calling the Chamber of Commerce.

AUDIENCE PARTICIPATION:

Jay Milano, 22732 Lake Road, commented on Ordinance No. 32-04, the Turf Field Agreement. He noted that the turf has been under consideration for a long time, beginning with the community soccer program and the Rocky River Student Activities Council. This year, the opportunity to make it a reality arose because of good interest rates, City needs, and the schools' needs. Although this is his first experience in government, he voiced his appreciation for the City's and the schools' open-minded approach and their diligence and decisiveness which is making the turf a reality to the benefit of the students. He was gratified by the spirit of cooperation which allowed both organizations to work together.

• Rocky River Schools Superintendent Dr. Allen added his thanks to Mr. Patterson and Mr. Rossitano on behalf of the citizens involved.

ORDINANCE NO. 32-04 BY BRIAN F. HAGAN

AN ORDINANCE APPROVING THE TURF FIELD AGREEMENT WITH THE ROCKY RIVER SCHOOL DISTRICT

2^ND READING

Moved by Mr. Hagan, seconded by Mr. Frost and Mr. Bartolozzi, that the rule requiring that Ordinance No. 32-04 be read on three separate days be suspended, and that Ordinance No. 32-04 be placed upon its passage:

Discussion: Mr. Hagan reiterated that, as stated previously, all sides of the issue had been explored at the committee meeting. As it was unanimously recommended by the Contracts committee, 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. Hagan, seconded by Mr. Frost and Mrs. Bartolozzi, that Ordinance No. 32-04 be passed as read:

Discussion: As discussed, this is an excellent opportunity. Both organizations have worked together and will create a great asset for the district. It will also enable the City to expand its programs.

Mr. Gollinger said that his safety concerns have been answered, and since Dr. Allen has promised to notify adjacent property owners, he will be pleased to vote for the issue.

Mr. Hurtuk mentioned that he appreciated the early call when the turf field was first considered. The benefits were explained, and he thought the process worked very well.

Mrs. Bobst noted that the enthusiastic residents provided momentum to come to this point, and she praised the open communication between parents and the schools. She also thanked Mr. Matty for his hard work and Mr. Patterson for his cooperation.

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

1^ST READING

Moved by Mr. Hagan, seconded by Mr. Hurtuk, that the rule requiring that Ordinance No. 37-04 be read on three separate days be suspended, and that Ordinance No. 37-04 be placed upon its passage:

Discussion: Mr. Hagan explained that in January, the Recreation Facilities Task Force had recommended that this study go forward as the next step in their work. According to their timeline, we are behind, so this 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. 37-04 be passed as read:

Discussion: Mr. Patterson came forward to explain the specifics of the plan, i.e that Task Force members had toured facilities done by different architectural firms and found that City Architecture had done the type of project which interested them. Although another estimate was lower, the number of hours was not specified. In the two in which hours were specified, City Architecture charged a lower per hour rate, expending more hours on the project. The Task Force has been very diligent in their work, and if this is to have a possibility of becoming a ballot issue, the preliminary design and estimates costs as well as revenues must be done.

Mrs. Bartolozzi asked if the pool could be delayed and added later. Mr. Patterson pointed out that for unity of design and avoidance of duplication of expenses, it would be most cost effective to do the entire project at once.

Mr. Potterfield expressed a preference for the lowest bidder, and explained that a negative vote would be because of that preference, not a vote against the project, as he had no problem with placing the question on the ballot. Mr. Patterson again noted that the number of hours to be expended was much greater in the higher bid.

Mr. Hagan's dilemma is whether the community would support this project, and if that should be determined before spending City funds, or is this necessary first to determine if there is sufficient support. There is no doubt that the outdoor pool and ice rink are in need of refurbishing, but this would be a very expensive, long-term project.

Mr. Frost did not entirely disagree, but favored taking the next step which would allow voters to have the opportunity to see if they wish to undertake the project.

Mr. Gollinger noted that the next level would provide more specifics on a quantified basis so that benefits could be balanced against costs.

Mr. Hagan again emphasized that passage of this ordinance does not indicate Council approval of the project, but rather to continue with a feasibility study. Public meetings will give residents an opportunity to express their opinions.

Mrs. Bobst commented that she favored taking the next step so that residents would have more concrete information. She, too, asserted that this is not an endorsement of the project, but a continuation of the process.

Vote: Gollinger - aye Potterfield - nay Frost - aye

Hurtuk - aye Bartolozzi - aye Hagan - aye

Bobst - aye

6 ayes 1 nay PASSED

ORDINANCE NO. 43-04 BY LINDA S. BARTOLOZZI

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO PURCHASE FIVE (5) PERSONAL COMPUTER SYSTEMS FOR THE POLICE DEPARTMENT D.A.R.E. OFFICE, CITY ENGINEER, ECONOMIC DEVELOPMENT DIRECTOR, BOARDS AND COMMISSIONS SECRETARY, AND BUILDING INSPECTOR AND ONE (1) PRINTER FOR THE BOARDS AND COMMISSIONS SECRETARY, AND ONE (1) PRINTER FOR THE ECONOMIC DEVELOPMENT DIRECTOR, AND ONE (1) FLATBED SCANNER FOR THE BUILDING INSPECTOR, UNDER THE STATE COOPERATIVE PURCHASING ACT FROM DELL COMPUTER AT A TOTAL COST NOT TO EXCEED $9,271.51

1^ST READING

Moved by Mrs. Bartolozzi, seconded by Mr. Hurtuk, that the rule requiring that Ordinance No. 43-04 be read on three separate days be suspended, and that Ordinance No. 43-04 be placed upon its passage:

Discussion: Mrs. Bartolozzi explained that of the five computers being replaced, most were using outdated systems and some malfunctioning. She asked Council to move forward with this purchase.

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. Hurtuk, that Ordinance No. 43-04 be passed as read:

Discussion: These computers have already been repaired, and the new Dell computers will have a three-year warranty. They are being purchased under the State Cooperative Purchasing Act.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Hurtuk - aye Bartolozzi - aye Hagan - aye

Bobst - aye

7 ayes 0 nays PASSED

ORDINANCE NO. 44-04 BY BRIAN F. HAGAN

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH PRESSURE CONCRETE, INC. FOR THE REHABILITATION OF THE HARWICH COURT CULVERT IN AN AMOUNT NOT TO EXCEED $112,245.00

1^ST READING

Moved by Mr. Hagan, seconded by Mr. Gollinger that the rule requiring that Ordinance No. 44-04 be read on three separate days be suspended, and that Ordinance No. 44-04 be placed upon its passage:

Discussion: This project has been on the books for some time, and now needs attention.

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. 44-04 be passed as read:

Discussion: Beginning in 2003 with a suspicious dip in the road, investigation revealed that the culvert, 9' tall, spanning 15' and 113' long, was deteriorating. Made of corrugated metal pipe which was rusting and impeding the water flow, it would cost approximately $700,000 to replace. Repair options were considered: it could be relined with another corrugated metal pipe, but that would be ineffective because using a smaller pipe to fit inside the original would mean a loss of hydraulic flow and lead to further flooding. The second solution, shotcrete, involving lining the culvert with a concrete that is reinforced with mesh and rebar, was the solution of choice. Even though the pipe will be a smaller diameter, flow is maintained due to the smooth surface. Specifications included other technologies, and there were two bids. The shotcrete firm is known by URS, the consultant, to do a good job, and Mr. Lesiecki recommended passage without delay so the culvert can be repaired before spring rains.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Hurtuk - aye Bartolozzi - aye Hagan - aye

Bobst - aye

7 ayes 0 nays PASSED

RESOLUTION NO. 45-04 BY BRIAN A. HURTUK

AMENDED AND RESTATED RESOLUTION OF THE COUNCIL OF THE CITY OF ROCKY RIVER OF CUYAHOGA COUNTY, OHIO AND DECLARING IT AN EMERGENCY

1^ST READING

Moved by Mr. Hurtuk, seconded by Mrs. Bartolozzi, that the rule requiring that Resolution No. 45-04 be read on three separate days be suspended, and that Resolution No. 45-04 be placed upon its passage:

Discussion: This is strictly a housekeeping issue, and Mr. Hurtuk recommended passage without delay so that our language would conform to that required by the pension plans.

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 Mrs. Bartolozzi, that Resolution No. 45-04 be passed as read:

Discussion: This is being done at the request of the Police and Fire Pension Funds. There could be an issue if we are outside their language.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Hurtuk - aye Bartolozzi - aye Hagan - aye

Bobst - aye

7 ayes 0 nays PASSED

ORDINANCE NO. 46-04 BY EARL W. POTTERFIELD

AN ORDINANCE TO CHANGE THE DISTRICT CLASSIFICATION OF CERTAIN REAL PROPERTY KNOWN AS AUDITOR'S PERMANENT PARCEL NO. 303-18-001 FROM ITS PRESENT CLASSIFICATION OF R-1 (SINGLE FAMILY) TO R-4 (MULTI-FAMILY RESIDENTIAL), AS FURTHER DESCRIBED IN EXHIBIT "A"

1^ST READING

Mr. Potterfield noted that after this first reading, the rezoning will be referred to the Planning Commission for review. It will be discussed at the next Committee-of-the-Whole.

ORDINANCES AND RESOLUTIONS UNDER CONSENT:

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"

As discussed at the last Committee-of-the-Whole, this is necessary so that this new development will have access to water.

ORDINANCE NO. 38-04 BY BRIAN F. HAGAN

AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE AN UNDETERMINED AMOUNT OF LIMESTONE SCREENING FOR THE CITY OF ROCKY RIVER FROM C & S LIMESTONE, INC. AT THE FOLLOWING PRICES: $9.50/TON CRUSHED SCREENING AND $11.00/TON #57 SCREENING

1^ST READING

For this ordinance and the three which follow, Mr. Hagan mentioned that they were all discussed at the last Committee meeting and are yearly contracts for supplies needed by the City.

ORDINANCE NO. 39-04 BY BRIAN F. HAGAN

AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE AN UNDETERMINED AMOUNT OF CONCRETE FOR THE CITY OF ROCKY RIVER FROM WESTVIEW CONCRETE CORP. AT THE FOLLOWING PRICES: CLASS "C" - $66.50, 6 SACK $65.00, 5-1/2 SACK $63.50, 4-1/2 SACK $62.50

1^ST READING

See discussion, Ordinance No. 38-04.

ORDINANCE NO. 40-04 BY BRIAN F. HAGAN

AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE AN UNDETERMINED AMOUNT OF ASPHALTIC CONCRETE FOR THE CITY OF ROCKY RIVER FROM C & S LIMESTONE FOR THE CITY OF ROCKY RIVER AT THE FOLLOWING PRICES: BINDER/TON $23.50, #404/TON $25.00 AND #9 MIX/TON $40.00

1^ST READING

See discussion, Ordinance No. 38-04

ORDINANCE NO. 41-04 BY BRIAN F. HAGAN

AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO ENTER INTO CONTRACT WITH FABRIZI TRUCKING & PAVING CO., INC. FOR THE EMERGENCY REPAIR OF STORM AND SANITARY SEWERS WITHIN THE CITY OF ROCKY RIVER FOR A PERIOD OF ONE (1) YEAR NOT TO EXCEED $50,000.00 PER YEAR

1^ST READING

There was only one bidder for this contract, and some or all of it may not be needed.

RESOLUTION NO. 42-04 BY ALL MEMBERS OF COUNCIL

AN EMERGENCY RESOLUTION TO APPOINT JAMES BARRETT AND BETSY YINGLING AS MEMBERS OF THE ROCKY RIVER STORM WATER MANAGEMENT COMMITTEE

1^ST READING

Mr. Gollinger explained that the City Engineer is waiting for these appointments so that a meeting of the Storm Water Management Committee can be scheduled. The three candidates were all excellent, and the City is fortunate to have such qualified residents.

Moved by Mrs. Bobst, seconded by Mr. Potterfield, that the rule requiring that Ordinances No. 35-04, 38-04, 39-04, 40-04, 41-04 and Resolution No. 42-04 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 Mrs. Bartolozzi, that Ordinances No. 35-04, 38-04, 39-04, 40-04, 41-04 and Resolution No. 42-04 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:

Mr. Hurtuk has received an e-mail from George A. Kraus, President of the Rocky River Firefighters. (Exhibit "A")

Mrs. Bobst asked Council members to forward information on their vacation plans for spring and summer to her or to the Clerk so that Council can be assured of having a quorum present as necessary.

The Law Director requested an Executive Session under Article X, Section 6, Subsection 3, so that Council can hold a conference with an attorney concerning disputes that are the subject of imminent court litigation.

Mrs. Bobst, referred to the letter written by the Mayors and Managers Association to the PUCO concerning First Energy rate increases. This is an important consideration, and she requested that Council proceed with a resolution expressing its concern. A draft could be considered at the next meeting.

Also received was a copy of the resolution from Solon on House Bill 208 concerning retainage by public entities. In this bill, currently in the Ohio Legislature, the payment which can be withheld from a contractor pending satisfactory completion of a project is lessened from the current 5% to 10% to only 2%. A resolution supporting defeat of this bill will be considered at the next meeting.

MOTION:

Moved by Mrs. Bobst, seconded by Mr. Hurtuk, that the Administration be instructed to seek proposals for bond counsel for the City of Rocky River.

Discussion: As described in the presentation by Mr. Petty at the last meeting on the bonding process, a first step is the selection of bond counsel for the City. Mr. Gollinger commented that Calfee Halter, our present bond counsel, should be included.

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 Mr. Hurtuk, that, at the request of the Law Director, an Executive Session be held immediately following the meeting under Article X, Section 6, Subsection 3, a conference with an attorney for the public body concerning disputes involving the public body that are the subject of imminent court action.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Hurtuk - aye Bartolozzi - aye Hagan - aye

Bobst - aye

7 ayes 0 nays PASSED

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 22, 2004. These minutes may be amended or revised at the next Legislative Meeting.