DRAFT

CITY OF ROCKY RIVER

MAY 2, 2005

The Committee-of-the-Whole was called to order by Mrs. Bobst, President of Council, at 8:15 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. Thomas, Mr. Patterson, Chief Wagner,

Prosecutor Hotz, Mr. Hearn, Mr. Mackay

Law Director: Mr. Matty

Press: Mrs. McKenzie

Mrs. Bobst announced that the meeting was being recorded by a resident. The meeting was then opened with the Pledge of Allegiance.

MAYOR'S REPORT:

Two public hearings will be held by RTA to discuss proposed changes being recommended in the Westshore area. Meetings will be held tomorrow evening at 5:00 p.m. and 7:00 p.m. at the Westgate Transfer Center. The Mayor has a copy of the proposed changes for those unable to attend either meeting.

Director Koran will speak to the League of Women Voters this week on the Master Plan.

The Mayor then turned to Mr. Linden for a report on the I-90 situation. Mr. Linden indicated that he had met with ODOT engineer Tom Hyland following the serious accident which occurred Thursday evening in the construction zone. ODOT had already met and proposed better striping with more identifiable lanes, noise striping prior to the construction zone, a reduction of the speed limit to 50 mph and the use of more radar. The City already uses POPAS cars in the area, but the Safety-Service Director said that enforcement will be intensified. It is very important that traffic slow down.

• •The Mayor added that anything to do with I-90 is ODOT's responsibility, from salt to repair and striping, but years ago, the City set the speed limit at 60 mph. Within construction zones, however, the decision is up to the state.
  
  

ECONOMIC AND COMMUNITY DEVELOPMENT DIRECTOR'S REPORT:

Mr. Koran reported first on residential development under way in the City:

• •Astor Place has been very successful, and is pretty much sold out. There will be 33 units in all, including two double units. Only seven remain to be sold.
• •Beachcliff Row was off to a slow start, but is now under way with sanitary sewers being installed and the first building started and due for completion this month. Prices are approximately $420,000 per unit.
• •The American Legion property has been rezoned and Mr. Koran, the Mayor and Ms. Eliot have met to discuss preliminary plans. Details are being worked out, but the project should be at least $25 million.
• •The Chandler Riverside project (E. Asplin) has three units completed, and another three sold at over $400,000 per unit. The project should total $5 million.
• •River Place will consist of 12 homes; five are totally built, and 6 of the 12 are sold.
• •On Center Ridge, the Hamlets are going well. Hamlets West has already sold three units, and the sales office is open. Ribbon cutting will be May 14. Hamlets East will probably begin next year, depending on sales. This should be a $12 million project.
• •Grand View, another Chandler project, is on River Oaks. Demolition could begin next week with groundbreaking this month for the forty unit townhouse project. Other owners on River Oaks are talking to developers.
• •Coral Group is looking at Hilliard Road east of Joe's Deli for potential development. Also of interest are some areas of Wooster Road.
  
  

In commercial development:

• •Mr. Koran has spoken to the architect on the Beachcliff Market Square project. Demolition could begin next week, and activities will pick up during the next two weeks.
• •McDhurrie's has moved to the old post office on Wright Avenue.
• •Innuendo has found a location on old Detroit Road
• •Yeager's has found temporary headquarters in the former Adesso space.
• •Adesso has moved to the former Talbot's store.
• •On Center Ridge, the former Westgate Cycle is now an insurance company.
• •River Plaza remodeling is primarily complete and occupied. Five million dollars was spent on the remodeling.
• •At the Westwood Town Center, Qdoba, a Mexican restaurant which will compete with Chipotle down the street, will move into the Arabica space.
• •Marc's is expanding.
• •In the Walgreen's strip, there will be two new businesses: Countywide (home loans), and an eyecare specialist.
• •Mocha Dreams Café will take over the space vacated by Saucy Bistro.
• •Harrison's is still vacant, although talks are being held with another company to move in.
• • Director Koran is working with a company with 50 employees to move into an office building on Center Ridge Road.
• •There has been no movement on Family Toy or Giant Eagle at Rockport.
• •The expansion at the WestShore Unitarian Church on Hilliard will proceed.
  
  

Mr. Koran added that a vacancy list is on the website and has been recently updated.

The Chamber of Commerce Business to Business event will be October 13, 2005. Mr. Koran encouraged all to hold the date and attend.

A "Buy River" campaign is being planned with a Taste of River to showcase local restaurants.

No news has been received on the future of Westgate. Most leases, however, were up at the end of April.

UNFINISHED BUSINESS:

Resolution No. 133-04: This resolution adopts the Master Plan. Mr. Potterfield indicated that the Planning Commission is concluding its final review. It will then be referred to Council's Planning, Zoning and Economic Development Committee.

Ordinance No. 40-05: This ordinance is also under review by the Planning Commission. Mr. Potterfield expects to receive their final report by the end of the month.

Ordinance No. 47-05: Mr. Frost indicated that the Public Meeting for this ordinance on Animal Control Laws was held earlier this evening. Twelve residents were heard and made various points they felt were in need of change. Mr. Frost emphasized that he does not intend to move for passage next week.

• •He requested that the legal department review language wording issues which were raised and communicate with the committee.
  
  
• •One issue addressed by several residents was the prohibition of the feeding of ducks and pigeons. He noted that at present there is no prohibition on the feeding of any waterfowl. He commented that some members of Council may wish to amend the chapter.
  
  
• •Mr. Gollinger observed that the testimony showed interest on the part of citizens, so he was pleased that there would be an opportunity for further deliberation.
  
  
• •Mr. Frost continued by noting that Mr. Miskoe raised a good point and it was his understanding there is no intention of prohibiting backyard bird feeders. The Law Director concurred.
  
  
• •Mr. Corry's request was for resident education in dealing with feral cats.
  
  

• •Mr. Frost then noted that the Working Group had been heard on the issue of insurance for vicious dogs. Since the Law Director had asserted that vicious dogs are not to be permitted in the City, Mr. Frost felt that the requirement would not be logically consistent.
• •
• •Another issue raised by the Working Group was the restriction on the number of animals permitted. The retention of this restriction was requested by the enforcement team and the Law Director has stated that the language included is needed in this section, separate from other sections. Mr. Frost added that, based upon advice of the legal and enforcement team, it is not his intention at this time to amend this section, but it may be further discussed by Council.
  
  
• •As to pit bulls, Mr. Frost does not disagree with singling out this breed, and he is not aware of any problems or lobbying activity. The breed is currently designated as vicious, but with new serious restrictions on vicious dogs, he felt that this could be harsh. He would, however, favor their designation as dangerous with a vicious label on a case by case basis, depending upon behavior.
  
  

Mr. Matty asked the Animal Control Officer if enforcement issues have occurred. Mr. Hearn responded that the State has struck down the dangerous and vicious law, but appeals continue, so the issue is undecided. Asked about his experience in the field with pit bulls, Mr. Hearn noted that several pit bulls live in the City, and in his opinion, he would agree that the designation of dangerous is sufficient. He would be agreeable to a designation of dangerous, with insurance. Chief Wagner added that the Police Department does not want vicious dogs in the City.

• •Mr. Frost then addressed the question of language, the changing of "dog" to "companion animal" in the Section 505.11. Mr. Hearn indicated that there have been instances where dogs have broken loose and killed animals on another's property. There was nothing which could be done. Chief Wagner noted that it was the Police Department which requested the change in language to assist in enforcement.
  
  
• •The three-day holding period in the City was also discussed. Mr. Hearn commented that this has never been a problem. A longer holding period could be difficult, particularly in summer when many cats are captured and the impoundment space is limited. He added that some animals have been held longer, if it appears that the owner is a resident.
  
  
• •Mr. Gollinger asked if the County Board of Health is still the first call on problems with pigeons. Mr. Hearn said that the County has requested help from the Police Department because of enforcement powers.
  
  
• •Mrs. Bobst raised a final issue of the disposition of vicious dogs. Mr. Matty pointed out that there is an appeals process in the determination process, and a further process is not needed in the destruction phase.
  
  

MISCELLANEOUS BUSINESS:

Residential Lot Coverage: Mrs. Bobst indicated that a memorandum has been received from the Mayor concerning Section 1143.03, and the issue is total lot coverage. The Mayor pointed out that proposed changes would concern residential properties. He has discussed this with developers interested in redevelopment in the City. Currently at 15%, this number is lower than many other up-to-date areas. The Administration is requesting that the issue be looked at. Through MF-R5, the Administration's position is that 25% is reasonable.

• •Mr. Potterfield expressed reservations. He noted that Council is currently considering Ordinance No. 40-05. This would further liberalize the Code and give the BZA the ability to allow variances on top of that. The City, as it is now, has been built over the past 40 to 50 years essentially by this Code. This regulation could change it, and Mr. Potterfield feels that this would mean more buildings and less space.
  
  

The Mayor expressed concern and proposed that the issue be reviewed by a special committee of Council in order to assure a fair hearing of the proposal.

COMMITTEE REPORTS: NONE

NEW BUSINESS:

Ordinance No. 69-05: Mr. Hagan turned to Mr. Matty who negotiated this contract for engineering and architectural services for the expansion of the Don Umerley Civic Center. Mr. Matty noted that, assisted by Mr. Patterson, he had negotiated with Brandstetter Carroll and Zofcin and their attorney. This project will cost $8.4 million and the architectural and engineering services will be $439,000. He stated that he wanted to be sure that everyone has a mutual understanding of what is expected.

Mr. Matty commented further that the elements of the preliminary design will be followed. He attempted to insure that all services necessary by Brandstetter Carroll and Zofcin are included in the amount not to exceed $439,000. Provisions have been made for one change from the original scope of services; more than that would require a change order. This should cover all elements.

Mr. Matty further made two changes in the contract: Section 10.3.4 will be deleted and his signature will be added with the phrase, "Approved as to form only".

Finally, Mr. Matty made it clear that without the cooperation of Mr. Zofcin and his attorney, it would have been impossible to bring a finished contract to Council in such a short time.

Mr. Hagan asked if all services necessary were included, noting that the preamble includes a provision for services necessary for relocation of storm sewers. He pointed out that there was no mention of soil testing and wondered if it is necessary. Mr. Zofcin responded that it was included in services of geotechnical testing requested by the engineer. Mr. Patterson answered Mr. Hagan's question about ground water, acknowledging that the site is wet, but that prior experience with the pool and original Civic Center construction indicate that the project should go well.

Mr. Zofcin further indicated that about $250,000 should be necessary to relocate the sewer. He intends to have that bid separately and a contract let as soon as possible to prepare the site for construction.

Mr. Potterfield asked if there have been any test borings for soil conditions. Mr. Zofcin said that the soil has been investigated, but further studies will be done.

Mrs. Bobst asked Mr. Mackay for his opinion on the contract. Mr. Mackay indicated that he had had an opportunity to look through the document, and based upon what he has heard, he agrees that the storm sewers have been covered. He will want to review the plans, soil reports and borings, but feels that the City's requirements have been covered.

Mayor Knoble pointed out that it is important to note that Mr. Zofcin's firm did not do the preliminary design, and therefore, the sewer question did not come up earlier. Mr. Zofcin did, however, point it out immediately at the interview process for the final design.

Mr. Hagan indicated that because the City would like to begin this project as quickly as possible, he anticipates a motion to suspend the rules at the next Legislative Meeting. This ordinance will be on the Regular Agenda.

Ordinance No. 70-05: Mr. Thomas explained that this ordinance would authorize payment of an invoice from the Cleveland Division of Water for readings they had done which are used as a basis for billings for sewers. He noted that the readings had been received on a timely basis, and done earlier than last year. Since more information is still being requested of the Division of Water, Mrs. Bobst and Mr. Hurtuk will confer as to whether to place this ordinance on the Consent Agenda.

Ordinance No. 71-05: Mr. Thomas also discussed this ordinance which authorizes one vendor for three different purposes which are enumerated in the ordinance. Three different exhibits are attached. These services are the annual audit for the City and the WWTP as well as a report for the Ohio EPA. This will be placed on the Consent Agenda.

COMMUNICATIONS AND ANNOUNCEMENTS: NONE

Moved by Mrs. Bobst, seconded by Mr. Frost, that at the request of the Law Director, an Executive Session be held immediately following the meeting to discuss a matter of imminent court action under Article X, Section 6, Subsection 3 of the Charter.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Hurtuk - aye Bartolozzi - aye Hagan - aye

Bobst - aye

7 ayes 0 nays PASSED

As there was no further business by members of Council, the meeting was adjourned at 9:20 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 May 2, 2005. These minutes may be revised or amended at the next Legislative Meeting.

DRAFT

CITY OF ROCKY RIVER

MAY 2, 2005

Safety Committee

Public Meeting, Ordinance No. 47-05

The meeting of the Safety Committee was called to order by the Chairman, Mr. Frost, at 7:00 p.m. in the Committee Room.

Safety Committee Members Present: Mr. Frost, Mrs. Bartolozzi, Mr. Hagan, Mr. Gollinger

Council members present: Mrs. Bobst

Administration: Mr. Linden, Chief Wagner, Animal Control Officer Hearn, Prosecutor Hotz

Law Director: Mr. Matty

Press: Mrs. McKenzie

Mr. Frost opened the meeting by stating that its purpose was to receive input from the public regarding the proposed changes to Chapter 505, Animals. He further noted that the meeting was being recorded by a resident.

He then called for public comment:

Dave Cook, 2989 Macbeth Drive, spoke on many parts of the proposed chapter. (Exhibit "A") Among his comments:

• •He said that fowl are not animals and that the title and definitions should retain references to fowl.
• •In Section 505.035, since there are 13 species of Canada geese, references should be more specific. Further, because of the problems caused by the leavings of pigeons, ducks and other waterfowl, he felt that all feeding of these species as well as deer and other wild animals should be prohibited.
• •Section 505.11 should include references to due process.
• •Feral cats are creating a problem along the valley and should be included in the feeding prohibition.

John Corry, 3 River Pointe, agreed with Mr. Cook. His back yard is on the edge of the valley, and during the summer months he has a problem with feral cats. With the help of the Animal Control Officer, he was able to trap and dispose of 12 of the animals, but feels there should be more publicity so that residents know how to deal with the problem.

Ted Miskoe, East Asplin, is a pet owner and asked several questions. Mr. Frost emphasized that this meeting was not a question and answer session, but rather for public input. Mr. Miskoe was concerned about the legality of bird feeders in the face of prohibitions on animal feeding.

Rick Mack, 1900l Colahan Dr. seconded the comments of Mr. Cook. He added that the geese created health and safety issues. He urged the committee to reinstate the prohibition on feeding of ducks and pigeons. (Exhibit "B")

Jim Winterich, is president of the Yacht Club, which has over 100 docks. He reported that in the Yacht Club basin, sanitary problems with geese, ducks and pigeons grow worse every year. He asked, because of the number of children in the valley, that the prohibitions on feeding of waterfowl be reinstated.

Jack Salisbury, 19581 Argyle Oval, is concerned about the feeding of waterfowl, including ducks, geese, and gulls. This is a health and safety issue which bothers him because of his three young children and the dangers they face from exposure to fecal matter.

Chris Pfeil, 21401 Maplewood, represented the Working Group on Animal Control Laws which worked on the revisions to the chapter. Among their comments:

• •Fowl are members of the animal group.
• •Section 505.03. The group recommended removal of this section and replacement of the new language of 505.035, feeling that Unsanitary Conditions fulfilled this need. This section seems redundant. The reference to extreme noise is also redundant because it is covered in 505.06.
• •Section 505.11. Without a professional opinion, physical harm is a matter of opinion. The assessment by a veterinarian should be retained. As used in this section, a companion animal could be a guinea pig, rabbit or other animal. Mrs. Pfeil said that the penalty seems severe for a dog which has killed a rabbit. The group also did not favor naming any breed as vicious. In this section, the reference to pit bulls has been retained. Mrs. Pfeil pointed out that state codes are under review and may be changed. The group believes an animal is innocent until proven guilty.
• •Section 505.14. The disposition of vicious dogs should provide for a court procedure, not the decision of one person, the Safety-Service Director.
• •Section 505.25. An impoundment period of three days is too short. The original recommendation of seven days should be reinstated. Recovering a lost animal is more likely and easier if the animals remain in the City.

Chris Tjotjos, 231 Yacht Club Drive, wished to reinforce the opinions of others concerning feeding of pigeons who have damaged his roof and continue to soil his property. With four children, sanitary considerations are very important.

Dr. John Reveley, River Square Plaza, is a veterinarian, and he served on the Working Group on Animal Control Laws. He commented on Section 505.15, which requires insurance for dangerous dogs. Because Rocky River will not permit vicious dogs, this will be required for dangerous dogs, and Dr. Reveley felt that this is burdensome for dogs who are not vicious.

On the pit bull issue, Dr. Reveley noted that he has treated hundreds of pit bulls, and none has been dangerous. If the breed is named in the code as vicious, he wondered what would happen to the pets of his clients. He cautioned Council that activist groups may fight the banning of any specific breed. He believes, however, that the City should be proactive when fighting dogs are involved.

Carol Benyo, 22671 Briscoe Dr., noted that leashes now extend 12-15 ft. and some dogs come up to the shrubs around the front door to make deposits. She complained that she has had little response from the Animal Control Officer.

Craig Hottinger, 21970 River Oaks Dr., commented that statistics show that pit bulls are dangerous. His feeling, however, is that hybrids, combining pit bulls with other breeds can be more dangerous. This is too much liability for the community.

Fred I. Sokol, 20021 Parkview , stated that he is in support of birds and animals, and concerned about efforts to control them. Prohibiting feeding will not stop them, as nature cannot be legislated. Although controls are appropriate in areas of public access, back yards are private, and residents should be able to address the needs of animals.

As there was no further public comment, the meeting was adjourned at 8:13 p.m.

_____________________________ _______________________________

Robert S. Frost, Chairman Misao Kurokawa

Safety Committee Clerk of Council

Please note: This is a draft copy of the minutes of the meeting of the Safety Committee of May 2, 2005. These minutes may be revised or amended at the next Legislative Meeting.