DRAFT
CITY OF ROCKY RIVER
April 5, 2004
Environmental Committee
The meeting of the Environmental Committee was called to order by the Chairman, Mr. Gollinger, at 7:00 p.m. in the Committee Room.
Environmental Committee Members Present: Mr. Gollinger, Mrs. Bartolozzi, Mr. Hagan,
Mr. Potterfield
Council members present: Mrs. Bobst
Administration: Mayor Knoble, Mr. Linden
Law Director: Mr. Matty
Mr. Gollinger introduced the first topic for discussion, rental unit fees and inspection, which he noted has been a longstanding issue, precipitated by Administration requests to increase the frequency of rental property inspections. One problem is the limit imposed by budget constraints. The Administration would require more funding to increase the staff or engage an outside agency to perform the inspections.
Mr. Hagan asked about the annual license fee for rentals. Mr. Gollinger responded that a license is required every two years with a graduated fee depending upon the number of units (Chapter 1371, revised in 1998). Mr. Hagan then asked about the inspection procedure. Mr. Gollinger indicated that the inspectors make a periodic review to assess the necessity. Typically, inspections are conducted on the basis of complaints or concerns by a resident. If the exterior of a property warrants it, then the interior is seen.
Mr. Potterfield pointed out that there could be rentals of which the City is unaware, i.e. landlords, particularly those renting a single home, who have not applied for a license.
Mr. Gollinger reported that the Building Department statistics show that in 2002, the City had 2700 rental units. Mr. Potterfield noted that in that period, the City collected $26,120 in license fees. Mr. Matty pointed out that, by Code, the initial inspection fee covered three inspections. If more are necessary, an additional fee is charged. Mr. Gollinger, quoting statistics from the Building Department, stated that in 1996, 947 units were inspected; in 1997, 588; in 1998, 328, in 1999, 589; in 2000, 230; in 2001, 165 and in 2002, 87. He suggested that currently some inspections are done on the basis of complaints or by drive-by.
Mr. Hagan suggested that if fees are increased, program guidelines are necessary which delineate rules for the benefit of both the City and landlords.
Mr. Gollinger expressed his opinion that the Administration should decide how to carry out a program. Council should provide enough revenue and determine the steps to be followed. Mr. Gollinger asked if the committee favored inspections every two years, or possibly at a change of tenants.
Mr. Potterfield pointed out that the Building Department is understaffed for the number of projects it handles, and there are more inspections than it can handle. Further, enforcement often takes multiple trips. Mr. Hagan agreed, pointing out that the Court often grants additional time to correct violations. Mr. Linden also agreed, saying that some inspections can stretch out for months or years.
Mr. Matty observed that the penalty is a minor misdemeanor which means only a $100 fine. This is not always an incentive to avoid prosecution. There are few cases which come through the Law Department. Mr. Gollinger, referring to a recent report from the Courts, noted that last year Fairview Park prosecuted 66 cases, Rocky River, 10 and Westlake 3.
Mr. Potterfield suggested that inspection fees should be determined by the dividing the cost of a full-time inspector by half the number of licenses.
Mrs. Bobst agreed with Mr. Hagan that the City needs a protocol to be in place to spell out how the inspection process would be implemented. Mr. Gollinger added that additional expenses such as travel must be considered. He asked about the frequency recommended by the Committee.
Mr. Hagan commented that he believes that fees and penalties need adjustment. His goal is to maintain the integrity of our housing stock. Further, absentee landlords must be addressed. He would like to see what other cities have done and how successful their programs have been. Mrs. Bartolozzi added that to aid in comparison, she would like to know how many units exist in those other cities. A short discussion of policy in Cleveland Heights followed, with its extensive staff, and its mandated inspections at the point of sale.
Mr. Karl Bergquist, 2890 Wagar Road, suggested that the type of inspection be considered, if an inspection should cover units only, or also the infrastructure, including the basement. The Mayor explained that in a large building, an inspector would choose 10% of the suites to inspect as well as the basement and all plumbing, electrical, HVAC systems, and other safety hazards.
Mr. Hagan asked if there has been an increase in the number of complaints. The Mayor commented that he has never received a complaint from a tenant about the condition of a rental unit. Until recently, there have not been a large number of available rental units. In speaking with a realtor recently, the Mayor was informed that in this area, there is not a large difference in rental rates from suburb to suburb, e.g. Lakewood and Rocky River would be roughly equivalent for the same square footage. The Mayor would like to see the City embark on a long term program with incentives for rental property owners to convert their properties to non-rentals. He indicated that most complaints from noise, domestic disturbances, drugs, car theft, breaking and entering and other non-traffic criminal acts come from our major rental areas.
Mr. Gollinger asked for an opinion about requiring point-of-sale inspections. The Mayor pointed out that the problem is that some residents occupy the same house for 30 or 40 years and it slowly deteriorates.
The Mayor then noted that our staff includes Pat Nugent, a full time inspector who handles everything except rentals. He is attending schools in order to be licensed to inspect new construction. Two part-time inspectors, Phil Minko and Clayton Zell handle rental inspections. Mr. Minko is out of the state from January through April. Kevin Beirne handles new construction. The Building Department is very busy. Their aim is not to write citations, but to encourage compliance. If the property owner wishes to fight, however, it is often a long and difficult procedure. Mr. Hagan pointed out that the fine is also usually waived if the violator eventually complies, and only court costs are assessed. Mrs. Bobst wondered about enhancing the penalty. Mr. Gollinger asked if revoking the occupancy permit is an option. Mr. Matty felt that with our manpower, it is not, except in cases of resident safety. The department works mainly through citations.
Mr. Gollinger then introduced the second topic, gravel driveways. This topic was discussed in 1997 when there was a good deal of concern on the part of residents. After much debate, the only change made was an amendment to Chapter 904.05 requiring that sidewalks be kept clear of gravel, and other debris for safety. Mr. Gollinger recently received information from the Mayor that in the area of the City denoted as blighted by the County, a large proportion had gravel driveways. In the last discussions, a large commercial property would have suffered financial hardship if required to pave its wide driveway.
Mr. Potterfield commented that many homes with gravel driveways are in the older part of town, where owners have been living for 20 years or even more. He thought it was not necessary to penalize these residents by requiring them to spend $10,000 to pave. He suggested the possibility of requiring new owners, once these properties were sold, to pave within a specific period of time.
He further suggested, that since this was being discussed as a topic of the Environmental Committee, that gravel causes less runoff than concrete and so is preferable from a storm water management point of view.
The Mayor suggested that if Council wishes to eliminate gravel driveways, the City should offer to finance the improvement with a bond program where payments are made by residents over 20 years by adding it to the tax duplicate. If the property is sold, the payments go with the new buyer.
Mr. Potterfield asked how the County opinion impacts the City. The Mayor explained that, except for Allen Court, this is the last year the County will consider any area of Rocky River blighted. He further pointed out that it was that designation which permitted the City to be considered for the $300,000 streetscaping grant.
Mr. Matty asked about two other topics on the proposed agenda of the Environmental Committee; the first was billboard content.
Mr. Gollinger responded that while billboards are prohibited, there is one which was grandfathered on Center Ridge Road. He wished to discuss whether subjects like alcohol, tobacco or adult subjects should be allowed. Mr. Matty explained that before any legislation is proposed, he must give a legal opinion, as First Amendment rights could be involved. He said that the ability to regulate content is almost non-existent.
Mr. Matty also asked about storage of boats and recreational vehicles, and whether the issue was enforcement of current ordinances or further restrictions. Mr. Matty again urged caution as he found from his experience in Solon, we already have the proper controls. Mr. Gollinger mentioned that unused cars were a further issue, particularly in commercial applications.
Moved by Mr. Potterfield, seconded by Mrs. Bartolozzi, that the meeting of the Environmental Committee be adjourned.
Passed by unanimous voice vote.
The meeting was adjourned at 8:05 p.m.
_______________________________ _______________________________
Frank B. Gollinger, Chairman Misao Kurokawa
Environmental Committee Clerk of Council
Please note: This is a draft copy of the minutes of the Environmental Committee of April 5, 2004. These minutes may be amended or revised at the next Legislative Meeting.
DRAFT
CITY OF ROCKY RIVER
APRIL 5, 2004
The Committee-of-the-Whole was called to order by Mrs. Bobst, President of Council, at 8:07 p.m.
Council Members Present: Mr. Gollinger, Mr. Potterfield, Mr. Frost Mr. Hurtuk,
Mrs. Bartolozzi, Mr. Hagan, Mrs. Bobst
Administration: Mayor Knoble, Mr. Linden
Law Director: Mr. Matty
Press: Mr. Vandell, Mr. White
The meeting was opened with the Pledge of Allegiance.
MAYOR'S REPORT:
Referring to Sunday's Plain Dealer, the Mayor corrected some information contained in an article about recreation centers and their financing. A memorandum was prepared by Mr. Patterson which showed accurate figures for revenue and expenditures. Further, it was noted that our Recreation Department figures include operation of the City's parks.
Mr. Linden and Mr. Gottschalk have driven through the City, rating streets as to condition of pavement and curbs. Two lists have been prepared, arranged alphabetically and by rating classification. This is the first step in the paving program for the coming season.
This evening, at 5:30 p.m., Jill Brandt, the new alternate for the Design & Construction Board of Review, was sworn in by the Mayor. Mrs. Brandt lives on Riverwood and is an architect, having worked at large firms and currently doing free-lance work. The Mayor was pleased that Mrs. Brandt has volunteered her services. With this appointment and that of Trish Brown to the Planning Commission, all boards and commissions are fully staffed.
Although previously announced, barricades have not yet been erected on Wooster Road. That has been delayed until Monday, April 12. Current plans are to bag the light at Story and Wooster. Northbound will be local traffic only and will have a stop at Story. Story Road will have a yield. Wooster southbound will follow on Story. The existing light north of Story will continue to operate.
There was a significant failure at the WWTP last week. The east pump, one of two main screw pumps broke. It weighs more than 60 tons, and filled with water, more than 120 tons. It has been temporarily braced by Norris Brothers while options are being evaluated. The Mayor and Superintendent Harrington will meet with the WWTP Board to decide on a course of action. At this point, the plant is still meeting EPA requirements. The question will be replacement or a different engineering to solve the situation, but will be expensive in any case.
The Police Auction will be held on May 1. This popular event will feature more than 50 bikes which were abandoned or confiscated and will be sold at auction with many other items including computers and equipment no longer needed at City Hall.
Cox Cable will replay the Mayor's State of the City address given before the Chamber of Commerce on March 25. Residents can see it every Friday on Channel 45's Hometown Highlights at 11:30 a.m., 4:30 p.m., and 9:30 p.m.
Over a year ago, the City submitted a grant application for four projects which met the criteria for federal transportation awards. At the request of Representative Kucinich this past January, the projects were prioritized. Because of sewer and pavement issues, the Lake Road rebuilding project was placed at the head of the list. A bill, itemizing projects, including $2 million for Lake Road, has passed the House and if it passes joint approval with the Senate, it will go the President. Because the State of Ohio has placed a "mill and fill" of Lake Road on its 2006 fiscal project list (which begins July 1, 2005), there is a possibility that Lake Road could be totally rebuilt without significant cost to the City. The Mayor would appreciate letters to the Senate in support of the bill.
UNFINISHED BUSINESS:
Ordinance No. 46-04: This ordinance, which will rezone Parcel No. 303-18-001 from Single Family to Multi-Family, will be amended. The developers have met with the Mayor, Mr. Koran and Mr. Beirne to review the project. Mr. Koran suggested that the Chandlers supply the legal descriptions so that the entire parcel can be rezoned to THR3C. Mr. Matty noted that Mr. Koran had consulted the Law Director on the zoning because of the type of project that was proposed.
Mr. Potterfield noted that this ordinance has been referred to the Planning Commission. He said that he understood that very little is buildable because of the flood plain. The Mayor said that the flood plain area would be a walking trail, and would not be a building site. The ordinance will be amended.
MISCELLANEOUS BUSINESS:
Drive-throughs: Mr. Frost indicated that this topic has been discussed in the past. At that time, a pharmacy was the focus. Now he would like to revisit the topic in a more general sense. Also at that time, Law Director Matty had researched the topic and distributed an ordinance passed in Solon. Mr. Frost proposed using that ordinance as a starting point for further discussion. His question is whether drive-throughs can be part of our community without being too intrusive. His conversations with Westlake indicate that there have been no problems.
Mrs. Bobst reviewed issues from the last discussion which focused on strengthening our code:
There are different approaches to this legislation, and Mr. Matty recommended that this be a permitted accessory use as opposed to conditional permit.
Mrs. Bobst noted that over the past few years, she had heard from families, seniors and handicapped citizens who would welcome the convenience of a drive-through pharmacy to pick up needed medications. However, significant controls are necessary where the pharmacies abut residences.
Mr. Potterfield discussed the differences between Local Business and General Business zoning. The largest distinction is that General Business does not abut residential property. Several large commercial parcels abut single-family residences and are zoned Local Business. He commented that there is a potential high impact by allowing drive-throughs in Local Business districts. In other cities, there are variables of lot size and location.
Mr. Matty added more background. When first instructed by Mrs. Bobst to find an ordinance with "teeth", this new use in Solon was just going to a mandatory vote. This legislation has the benefit of being drafted by a qualified city planner, and includes provisions for circulation and vehicle stacking. Mr. Matty chose Solon because they have commercial properties which abut residential and this is addressed. This was the most extensive he could find. His recommendation is to apply the same regulations to whatever districts should have drive-throughs as a use. If a property owner meets all but one of the regulations, he has a right to seek a variance. There would be no Council review unless the variance is granted.
Mr. Frost reiterated his question as to whether the majority of Council would like to discuss the topic.
Mr. Gollinger concurred with Mr. Potterfield, and stated that Local Business was designed to protect the residences adjacent to commercial properties. Giant Eagle will have a drive-through at its Center Ridge pharmacy because it is in a General Business district.
Mrs. Bobst asked Mr. Potterfield to undertake this discussion in a meeting of the Planning, Zoning and Economic Development Committee. Because of a conflict, the April 26 meeting will be postponed to May 10 when drive-throughs will be on the agenda.
Mr. Frost emphasized that he did not disagree with Mr. Potterfield and Mr. Gollinger. He wondered, however, if Council can consider an ordinance that will allow the procedure where a drive-through is permitted, provided safeguards are in place to protect residents, or whether it can be ruled out.
COMMITTEE REPORTS:
Planning, Zoning and Economic Development Committee: will meet on May 10 at 7:00 p.m.
Mrs. Bobst has a sample ordinance on the sale of City property. She will distribute this ordinance and then make a decision as to the proper committee for discussion. Also for discussion could be sewer tie-in fees and a scheduled meeting with the chairmen of City boards and commissions.
Environmental Committee met this evening to discuss issues pertaining to fees for inspection and gravel driveways. Mr. Gollinger will gather additional information to be discussed at a follow-up meeting.
NEW BUSINESS:
Ordinance No. 48-04: This ordinance, which would authorize medical and dental coverage for full-time employees, was addressed by the Mayor. He explained that once again, the City hired a consultant, Sam Fiorentino to solicit and evaluate proposals. At the last union contract negotiations, a cap was established as to what amount the City would contribute to health care. With the help of the Human Resources Coordinator, a health coverage committee with members from the Court, police and fire, service and other City departments was set up, and it was through the discussions and cooperation of that committee and the employees it represented that great savings on prescriptions were realized using mail order. Two proposals were received, and the renewal rates offered by Medical Mutual were under the cap, so the plan can be fully paid by the City. The next decision was whether to have a contract that lasted 6, 12, or 18 months. The Administration chose the six-month period because the costs of the contract would be known before union negotiations. The renewal offered by Medical Mutual would be for the same coverage at an increase of 5% to 6% and was judged to have significant benefits for the City, both for medical and dental.
Ordinance No. 48-04: This ordinance provides life insurance coverage for full-time employees, except those who are elected. Last year's rate was $.21 per thousand; this year, coverage will be only $.20 per thousand, a 5% savings. Mr. Hagan requested that both of these ordinances be placed on the Consent Agenda.
Ordinance No. 49-04: Mrs. Bartolozzi turned to Mr. Linden who explained that beginning 1˝ years ago, the Administration has investigated the replacement of the system. Since the company has gone out of business and repairs are no longer practical, it was decided to replace the system. The new system will provide security and accountability, and the City will now be able to keep track of every gallon of gas pumped. This K-800 is no more expensive, but allows programming by code, vehicle number, or mileage as well as other options. We will know what departments are using the gas. Training is included as well as a one-year warranty. Mrs. Bartolozzi requested that this be placed on the Consent Agenda.
Resolution No. 50-04: This was discussed at the last Legislative Meeting. Mr. Matty reiterated that if this House bill is passed, cities will have no rights in retainage. Now we can keep enough to insure that contractors perform as specified. If the new bill is in effect, the amount held back is so small that cities will have little leverage to see that contracts are properly executed. Mr. Potterfield also emphasized that cities have always had sufficient retainage, but that could change with this bill.
Resolution No. 51-04: This resolution protests the First Energy rate increase and asks the PUCO not to allow it. A letter from the Mayors and Managers Association outlines why this is necessary and was presented at the last discussion. Both resolutions will be on the Consent Agenda.
Ordinance No. 52-04: This would purchase a replacement for a 10-year old copier now being used. In addition to being quieter and much more sophisticated, it will cost less to operate and contribute to the efficiency of all departments. The Mayor commented that in 30 months, we will recoup the $10,000 cost. Mr. Gottschalk prepared specifications and proposals were received. This copier is the least expensive and was judged to be very good by a committee of City Hall employees. The cost is lower than the State Cooperative Purchasing Act. This ordinance will be on the Consent Agenda.
Ordinance No. 53-04: This ordinance will be for a two-year printing contract, which was approved by Mr. Matty. Mr. Linden explained that six bids were received. This one from Admiral Products, was the lowest and best. Since Admiral has had the contract this year, even departments who were reluctant to consolidate have used the service and been very pleased. The first year's contract is for $60,000 since we used $56,000 last year. The Quill, Rocky River Report and the recreation brochures make up about 25% of our expenditure. Some forms still need to be printed elsewhere (police tickets and some court forms), but on the whole, most City departments will be able to use these services.
COMMUNICATIONS AND ANNOUNCEMENTS:
The Recreational Facilities Task Force will meet on Tuesday, April 13 at the Don Umerley Civic Center with City Architecture. Their next meeting, April 27, will be a public meeting at 7:00 p.m, also at the Don Umerley Civic Center.
Financial disclosure statements for elected officials must be filed with the Ohio Ethics Commission by April 15.
The WWTP Annual Report has been received.
On April 6, the Beautification Committee will meet at 7:00 p.m.
The Police Auction will be held on May 1.
The March issue of Cleveland Magazine has an article entitled "Poverty Behind Picket Fences" about programs to help suburban residents who have come on hard times. One of the featured organizations is the Rocky River Assistance Program.
Mr. Hagan expressed his appreciation to Mr. Patterson for the use of his pitching machine in the Little League evaluations.
The meeting was adjourned at 9:25 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 April 5, 2004. These minutes may be amended or revised at the next Legislative Meeting.