DRAFT

CITY OF ROCKY RIVER

APRIL 4, 2005

The Committee-of-the-Whole was called to order by Mr. Hurtuk, President Pro Tem of Council, at 8:04 p.m.

Council Members Present: Mr. Gollinger, Mr. Frost, Mr. Hurtuk, Mrs. Bartolozzi,

Mr. Hagan

Absent: Mr. Potterfield, Mrs. Bobst

Administration: Mayor Knoble, Mr. Linden, Mr. Thomas

Law Director: Mr. Matty

Press: Mrs. McKenzie

The meeting was opened with the Pledge of Allegiance.

MAYOR'S REPORT:

An e-mail has been received from the Cuyahoga County Mayors and Managers Association recommending that the U.S. flag be lowered to half mast on the death of Pope John Paul II. The Mayor agrees, and the flag will be lowered beginning tomorrow until sunset of the day of his interment.

The storm which began Friday night and continued over the weekend caused a large power outage on the east end of Rocky River. City crews were on the road, and the Mayor commented that Mr. Reyes did a good job in the absence of Mr. Winterich. He was, however, not happy with the response of the Illuminating Company which took almost nine hours to restore electricity caused by one non-functioning transformer. A meeting is scheduled for tomorrow with representatives of CEI to discuss the matter.

Last Wednesday, the Mayor toured the Adult Activities Center operated by the County which is located across the street from St. Christopher. This facility helps its clients to become productive members of the community, and the Mayor urged Council members to tour the facility when time permits.

Last fall the Records Commission was created by Council, and the Mayor has named Terry Michael, former treasurer for the school system, as his appointee to serve as the fourth member of the Commission. Also serving will be the Mayor, the Law Director and the Finance Director.

The police cars ordered last year arrived today. They will be outfitted with necessary equipment and striped before being placed in service. The conversion of sidearms from 9 mm to Glock .40 caliber has also been completed in the Police Department. All members of the department have received training and are carrying the new weapons.

UNFINISHED BUSINESS:

Resolution No. 133-04: This resolution adopts the Master Plan. Mr. Hurtuk indicated that the Planning Commission is completing its review. Minutes outlining their recommendations should be available soon.

Ordinance No. 2-05: This ordinance authorizes the rezoning of the American Legion property. Mr. Hurtuk noted that the new zoning would be an apartment zoning and asked if this was appropriate. The Mayor explained that there was no intent to build apartments on this property, but that condominiums were planned by the purchaser. This zoning was necessary because of density, height and other issues. This change would restore zoning changed for the last proposed development.

• •Mr. Hurtuk raised the possibility of a pre-rezoning development agreement, particularly as no drawings or concrete plans have been presented.
  
  
• •The Mayor mentioned that he thought the developer would be amenable, but pointed out that this property has had a multi-family zoning since the 1970's which was changed only for the Zaremba development. Now another project requires the original zoning.
  
  
• •Mr. Matty, when asked if pre-development conditions would follow the property, if sold, responded that it would depend upon how the document is drafted.
  
  
• •Mr. Hurtuk pointed out that times and plans change, and he asked about the feelings of other members of Council.
  
  
• •Mr. Gollinger, referring to a resident of Astor Place who spoke at last week's Public Hearing, felt that better communications between the developer and neighbors might reassure those residents with doubts. As this new zoning is necessary for the height, he is not really concerned that something else will be built. Citing the background and track record of the developer with other projects in the City, he feels that this project would move forward as planned.
  
  
• •Mr. Frost, also, commented that he did not feel the need for an agreement because of other projects already completed by this developer.
  
  
• •Mr. Hurtuk agreed, but asked "what if?'
• •Mr. Hagan agreed with Mr. Frost, noting that he would not like to further delay the project or the sale by the American Legion which favors the project. The history of the developer, he feels, makes it unnecessary to attach such an agreement.
  
  
• •Mrs. Bartolozzi also agreed, noting that only 25 units are planned, not 50 or 60, so the project will be relatively small. She feels that Council should consider this residential use for the property the highest and best use and return the parcel to its original zoning.
  
  
  
  

Ordinance No. 32-05: This ordinance, which changes the Code to make developers responsible for the cost of studies necessitated by their proposals, has been read two times. No further questions for discussion were raised.

Ordinances No. 35-05 and 36-05: These two ordinances provide for accounting services. Mr. Hurtuk noted that good information has been provided by the Finance Director as to why auditors outside the State office are required this year. As there were no further questions, Mr. Hurtuk requested that these two ordinances be placed on the Consent Agenda for next week.

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 third reading next week.

Ordinance No. 43-05: This ordinance restates an agreement for printing services which is in the second year of a two-year contract. Mr. Hagan requested that this be placed on the Consent Agenda.

Ordinance No. 44-05: This also is a multi-year agreement, being the fourth year of an eight-year agreement with Pepsi Cola to provide beverages for City facilities. Per Mrs. Bobst's request last week, it will be on the Consent Agenda.

Ordinance No. 45-05: The Mayor noted that this is a standard agreement which allows access to repair water lines if necessary. The Law Director noted that he had approved the form. Barring further objection, this will be on the Consent Agenda.

Ordinance No. 46-05: This laptop purchase for use at the entrance of the outdoor pool area will be made under the State Cooperative Purchasing Act. Mrs. Bartolozzi noted that it was budgeted for purchase in 2005 and requested that it be placed on the Consent Agenda.

MISCELLANEOUS BUSINESS:

Architectural Services for the Expansion of the Don Umerley Civic Center: Mr. Hurtuk turned to Mr. Matty who explained that he had met with Mr. Patterson and the lead architect and his attorney. At that meeting, the Law Director outlined revisions needed in both contracts and standard conditions. The revisions will be studied by David Douglas, the attorney for the architect, who will be in touch with Mr. Matty, probably not in time for a report at next week's meeting, but possibly the week after.

Consulting Engineering Firms for the City of Rocky River: To find a consulting firm to serve as the City's Engineer, the Administration first advertised for information from interested firms who felt they qualified for the position. The Mayor, Mr. Linden and Mr. Koran reviewed the submissions, eliminating those firms not qualified or not having experience in similar positions for other cities. From 20 responses, they narrowed the field to three, following the guidelines in the Code. The three firms were then interviewed and numerous telephone conversations were held.

The Mayor enumerated three major criteria in selecting the firm he recommended:

1. The overall quality of the services.
2. Competitive pricing.
3. The necessary "good fit" of their staff with the City's staff.

Based on these factors, he recommended Mackay Engineering, which, in his opinion, came out ahead. He noted that their costs were generally less than the others with clerical and administrative costs included. Further, the City has worked with Mackay on the Wooster Road project, which although very difficult and complicated, came in under cost and ahead of schedule. This was, of course, also due to the contractor, Fabrizi Construction. Still, it ran smoothly, and was a very good experience.

He emphasized that all three firms were good and well-qualified. He noted, however, that Mr. Mackay, a Lakewood resident, is an attorney and surveyor as well as being an engineer and has acted as referee in some project disputes. Mr. Mackay would attend all necessary Council meetings. Currently, the firm acts as City Engineer for Middleburg Hts. and Fairview Park.

• •In response to a question from Mr. Hurtuk, Mr. Thomas confirmed that the budget provides a line item for a City Engineer.
• •The Mayor reiterated that he feels comfortable with hiring Mr. Mackay and that the firm is large enough to do the job. He does not, however, do engineering work for the WWTP. This is a specialty field and would be negotiated under a separate contract with another firm.
• •The Mayor further explained that the monthly retainer was designed to cover 30 hours of work per month, which he has calculated will cover most contingencies.
• •Mr. Gollinger wondered about overlap in the event another firm were chosen at the end of this contract. The Mayor explained that while engineering services for projects under way would be paid, the retainer would be paid to the new firm.
• •Mr. Frost felt it might be helpful to have another engineer for the WWTP for purposes of comparison.
• •Mr. Hurtuk noted that a similar process will be followed to find a qualified engineer for the WWTP. It was the consensus of members present that Mr. Mackay be invited to meet Council on April 11 at the beginning of the meeting, if possible.

COMMITTEE REPORTS: NONE

NEW BUSINESS:

Ordinance No. 47-05: Mr. Frost reported that the draft of Chapter 505, "Animals" mirrors the discussions held at the last Committee-of-the-Whole. He thanked Mr. Matty for his promptness in providing the ordinance and exhibit. He noted, however, one change he would make before the first reading of the ordinance: In Section 505.035, (a) , p. 17, he deleted "ducks" and "pigeons" from the list of animals that cannot be fed, stating that he did not wish to introduce an ordinance which prohibited the feeding of ducks and pigeons, although it could be reinstated later at Council's wish.

Three readings will still be held as well as a public hearing for input from the Working Group on Animal Control Laws which worked so hard on the revisions and other residents who wish to be heard. The hearing was scheduled for May 2, at 7:30 prior to the meeting of the Committee-of-the-Whole.

Ordinances No. 48-05, 49-05 and 50-05: Mr. Hagan turned to Mr. Linden who explained that these are basically housekeeping ordinances, necessary because the repair season will begin soon and the supplies, asphaltic concrete, limestone screening and concrete will be needed. He explained the use of materials and why bids were selected as the best. Mr. Hagan asked that all three be placed on the Consent Agenda.

Ordinance No. 51-05: This ordinance, which authorizes the purchase of a new pumper, has been made possible by the awarding of a grant to the City for $225,000 to help with its purchase. Mr. Hurtuk noted that this purchase is the result of 18 months of hard work. Mr. Linden asked that the ordinance be passed without delay since 60 to 90 days will still be required for delivery. To meet the remainder of cost, the purchase of a packer truck will be deferred. Mrs. Bartolozzi requested that the ordinance be placed on the Consent Agenda.

Ordinance No. 52-05 and 53-05: These two ordinance authorize the purchase of vehicles for the Police Department, both to be purchased under the State Cooperative Purchasing Act, and both provided for in the budget. Mr. Hurtuk mentioned that POPAS funds would be used. The Mayor noted that this will be the first Explorer purchased for the Police Department, and it will provide more needed room for Rylo, the City's police dog. An interested resident has offered a $4,000 donation to help defray the extra cost of this vehicle. Mrs. Bartolozzi indicated that both ordinances will be placed on the Consent Agenda.

Ordinances No. 54-05, 55-05 and 56-05: Mr. Gollinger explained that these three ordinances will approve retaining projects for three residences on Frazier Drive. Mr. Bart Connelly of the Beach Cliff Board of Trustees was present and stated that the Board has no objections to the construction of these revetments. Mr. Gollinger then indicated that Council may look at passage of these ordinances next week.

Ordinance No. 57-05: Mr. Hurtuk turned to the Finance Director for further explanations of this supplemental appropriations ordinance. Mr. Thomas explained that these items correspond with the expenditure by the Fire Department for the capping of a gas well for which reimbursement has already been received from the ODNR and equipment purchases from POPAS. When asked by Mr. Hurtuk, he indicated that materials provided to Council members are not replacement pages for budget books. The printouts do show changes made to these accounts to include recent expenditures of $64,000. Of that amount, $18,000, by grant, plus another $4000 has either been recovered or is expected, so the net increase is $42,000.

• •Mr. Hurtuk requested that the Finance Director provide replacement pages for the budget books so that it remains accurate. He further requested that this ordinance appear on the Consent Agenda.
  
  

COMMUNICATIONS AND ANNOUNCEMENTS: NONE

As there was no further business by members of Council, the meeting was adjourned at 8:55 p.m.

_____________________________ _____________________________

Brian A. Hurtuk Misao Kurokawa

President Pro Tem 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 April 4, 2005. These minutes may be revised or amended at the next Legislative Meeting.