DRAFT
CITY OF ROCKY RIVER
MAY 10, 2004
Regular meeting of Council was called to order by Mrs. Bobst, President of Council, at 8:04 p.m.
Council Members Present: Mr. Gollinger, Mr. Potterfield, Mr. Frost, Mr. Hurtuk,
Mrs. Bartolozzi, Mr. Hagan, Mrs. Bobst
Administration: Mayor Knoble, Mr. Linden, Ms. Wollenzier, Mr. Lesiecki, Mr. Patterson,
Mrs. Calladine
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. Potterfield, that the reading of the minutes of the Legislative Meeting and Executive Session of April 26 and the Committee of the Whole of May 3 be waived and that the minutes be accepted as submitted.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye Bobst - aye
7 ayes 0 nays PASSED
MAYOR'S REPORT:
Continuing his warnings to residents to lock their cars, the Mayor stated that five unlocked cars had been ransacked on Morewood Parkway Friday night, with items taken from each. House-holds were upset, and the Mayor again urged everyone to remove valuables from their cars and lock them or garage them.
A letter has been received from the PUCO in response to Administration and Council requests for review of FirstEnergy's application to continue its higher charges.
The Little League season opened last Saturday with the Mayor throwing out the first ball (which was caught). Mayor Knoble was pleased to note that many City people were involved as managers and/or parents, including Mr. Hagan, Mr. Koran, Mr. Lesiecki, Mr. Hobson, Mr. O'Neil (Design Board), Mr. Matty, Mrs. Inks (Beautification) and Mrs. VanAtta (BZA).
This Wednesday, the annual Goldwood School tour of City Hall will be held, with busloads of children visiting from 9:30 to 12:15.
As will be reported by Mr. Gollinger, the Rocky River Watershed Cleanup will be held upstream from our community. The Mayor has information for those interested.
The Mayor asked Mr. Lesiecki for a report on his meeting with ODOT in regard to I-90 sound barriers.
Mr. Lesiecki indicated that he and Mr. Gollinger had attended a pre-construction meeting with ODOT officials last Friday. The $4.7 million contract has been awarded to Great Lakes Construction. This week, utilities will be located, and clearing and grubbing will begin May 17. The schedule calls for completion by October 15. Construction will begin on the south side from west to east, then turn to the north side and proceed east to west. The on-ramp will also be addressed at an early date. Mr. Gollinger added that they plan to work a 4-day week, Monday through Thursdays, with Fridays used to make up for weather-related delays.
Discussion: Mr. Hurtuk asked if the Administration had considered the possibility of Finance Committee assistance in the choice of a new Finance Director. The Mayor responded, that at this point, in the midst of interviews, their help would be welcome, and he suggested that the Chairman and the President of Council attend the final interviews.
A second question involved construction: with so much planned, he wondered if the Engineer's office, in the interests of quality control, could prepare a review of the Inglewood project for Council. Mr. Lesiecki agreed, indicating that the project will be completed shortly, and a summary could be prepared then.
Mr. Gollinger announced that the Rocky River cleanup is scheduled for Saturday, May 15. On June 19, there will be another co-sponsored by Rocky River and Lakewood which will be closer to us.
LAW DIRECTOR'S REPORT:
Mr. Matty first cautioned the Finance Committee that if they attended the Finance Director interviews, it must be an open meeting. If only Mr. Hurtuk attends, an open meeting is not necessary.
Mr. Matty was advised of an April 22 filing of a new lawsuit against the City by Chris and Nancy Deibel, 1189 Wagar Road. They have filed against the City, Cuyahoga County, and Fabrizi Construction, alleging that Fabrizi erroneously capped a storm sewer pipe. The suit also incorrectly alleges that the construction contract is with the City and the County, but the City is not involved. The suit is for damages in the amount of $633,600. Mr. Matty is proceeding in defense of the City.
Last week the 67th report of the Norfolk-Southern settlement was received. In March, an average of 1.7 trains per day passed through the City. He noted that in the middle of the month, 5 trains passed in one day, and recalled the days when 18 or more were common.
On the agenda, Ordinances 72-04 and 73-04 which resolve the Cushman issue with Baker Motors, a signed contract has been received. Mr. Matty asked for passage so that the refund can be received by the City.
Mr. Hurtuk asked the name of the plaintiff's counsel in the Deibel lawsuit. Mr. Matty responded that it was John Hildebrand, 21430 Lorain Road.
COMMITTEE REPORTS: NONE
COMMUNICATIONS AND ANNOUNCEMENTS:
Mr. Frost received letter from Pamela Gorski, Lake Road, thanking Randy and the Streets Department Crew for their good work at her residence. (Exhibit "A")
Mr. Gollinger received a copy of a letter from Adrien Elliott of King James Residential to the Fire Department regarding Beachcliff Row. (Exhibit "B")
A letter has been received by the Liquor Control Commission of Ohio scheduling the City's appeal of the decision to grant a permit to RODOS, Inc. for June 22 in Columbus. Mr. Matty has requested a continuance, but ultimately, he and Sgt. Gulas will attend the hearing. (Exhibit "C")
The Beautification Committee will meet at 7:00 p.m.on May 11 in the Memorial Hall. Lillian Kuri, the Executive Director of Cleveland Public Art will be their guest. (Exhibit "D")
The Recreation Facilities Task Force will meet at 7:00 p.m. on May 25 in the Senior Center Auditorium.
Minutes of the Master Plan Working Group meeting of April 28 have been completed. A CD rom of the power point presentation has also been provided for the City. An abbreviated version hits the highlights, but a full version is available to Council members upon request.
The Working Group on Animal Control Laws will meet May 13 at 7:00 p.m. in the Committee Room. The agenda will include pet containment systems and dogs at large.
The quarterly meeting of the mayors and council representatives surrounding the airport with management personnel will be held on June 1, at 2:00 p.m. Mr. Gollinger will represent the City.
A letter has been received from Fred I. Sokol, 20021 Parkview, requesting information. (Exhibit "E")
Mrs. Bobst and Mr. Gollinger attended the stocking of the Rocky River at the Emerald Necklace Marina with steelhead trout. Thousands of 6" to 10" fish were released into the river.
There were no requests from Council members to remove ordinances from the Consent Agenda.
AUDIENCE PARTICIPATION:
Fred I. Sokol, 20021 Parkview, spoke on Ordinances 55-04 and 58-04, the family aquatic facility. He urged Council to defeat this issue, refunding the money to residents in favor of expansion of the recreation facilities at the Don Umerley Civic Center, particularly the indoor pool. He felt that defeat of these ordinances would increase the voters' inclination to pass the expansion.
William Gareau, Clerk of Courts, spoke on Ordinance No. 74-04 which approves a contract with for collection services. Two proposals were received, and Capital Recovery Services was judged to be the best because their collections do not reduce the Court's receivables, i.e. they legally collect more than the amount owed so that the Court is fully reimbursed. In answer to Council questions, Mr. Gareau indicated that the company has a 30% to 40% success rate, and that they are experienced in municipal collections. The current debt owed to the Court is $174,000, of which approximately $111,000 would come to Rocky River in fines and costs. Mr. Matty noted that this method of collection needs to be approved because additional charges are made by journal entry of the Court. He commended Mr. Gareau for his persistence in the search for a way to increase Court revenues. Mr. Hagan agreed, noting that his predecessor had an outstanding balance of almost $500,000.
Carole Calladine, Director of Senior Services, announced her good news that the application for the BridgeWorks grant applied for by the Senior Center is one of ten finalists who will be interviewed.
AMENDED 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 SINGLE FAMILY RESIDENTIAL (R1-F1) TO MULTI-FAMILY RESIDENTIAL TOWNHOUSE (TH-R3C) IN ITS ENTIRETY, AS FURTHER DESCRIBED IN EXHIBIT "A"
Mr. Potterfield indicated that this ordinance has been read twice, reviewed and recommended by the Planning Commission. A Public Hearing will be held May 24, after which the ordinance will be read for the third time.
ORDINANCE NO. 55-04 BY BRIAN A. HURTUK
AN EMERGENCY ORDINANCE AUTHORIZING THE REIMBURSEMENT FOR EXPENSES ACCRUED FOR THE CONSTRUCTION OF THE ROCKY RIVER FAMILY AQUATIC CENTER IN THE AMOUNT NOT TO EXCEED $2,120,000.00
3RD READING
Moved by Mr. Hurtuk, seconded by Mr. Gollinger, that Ordinance No. 55-04 be passed as read:
Discussion: The pool renovation has been under discussion since last year, but was not included in last year's budget. Because there was not sufficient time to discuss the project last year, plans have been delayed until now, but because construction must begin in the fall in order for the pool to open in the spring, this is the time for passage. Mrs. Bobst added that this has been discussed for two years with a good deal of feedback from residents. Because of the high cost of repairs, $800,000 and the condition of existing equipment, Council decided that an aquatic center made more sense. She thanked Mr. Patterson for his research, and noted that the Recreation Facilities Task Force is now researching ice rink renovations and expansion of the Civic Center, to be placed on the ballot, hopefully, this fall.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye Bobst - aye
7 ayes 0 nays PASSED
ORDINANCE NO. 58-04 BY BRIAN F. HAGAN
AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH COLD HARBOR CONSTRUCTION CO. FOR THE CONSTRUCTION OF THE ROCKY RIVER FAMILY AQUATIC CENTER IN AN AMOUNT NOT TO EXCEED $2,032,000.00
3RD READING
Moved by Mr. Hagan, seconded by Mr. Hurtuk, that Ordinance No. 58-04 be passed as read:
Discussion: Mr. Hagan acknowledged the effort required to place this renovation before Council. He has allowed a full three readings without a rules suspension so that everyone would have the opportunity to speak out. He expressed his excitement, and added that he feels the result will be well worth the time and effort. With passage this evening, work will begin the day after Labor Day.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye Bobst - aye
7 ayes 0 nays PASSED
ORDINANCE NO. 59-04 BY EARL W. POTTERFIELD
AN ORDINANCE TO CHANGE THE DISTRICT CLASSIFICATION OF CERTAIN REAL PROPERTY KNOWN AS AUDITOR'S PERMANENT PARCEL NOS. 303-18-038 & 303-18-040 FROM ITS PRESENT CLASSIFICATION OF APARTMENT (R-4) TO MULTI-FAMILY RESIDENTIAL TOWNHOUSE (TH-R3C) IN ITS ENTIRETY AS FURTHER DESCRIBED IN EXHIBIT "A"
This ordinance, a companion to Amended Ordinance No. 46-04, was also reviewed by the Planning Commission and unanimously recommended. The Public Hearing for this ordinance also will be May 24, after which it will have a third reading.
ORDINANCE NO. 63-04 BY BRIAN A. HURTUK
AN EMERGENCY ORDINANCE TO MAKE SUPPLEMENTAL APPROPRIATIONS FOR CURRENT EXPENSES OF THE CITY OF ROCKY RIVER, OHIO, DURING THE FISCAL YEAR ENDING DECEMBER 31, 2004
2ND READING
Moved by Mr. Hurtuk, seconded by Mrs. Bartolozzi, that the rule requiring that Ordinance No. 63-04 be read on three separate days be suspended, and that Ordinance No. 63-04 be placed upon its passage:
Discussion: This ordinance is primarily housekeeping, and was not passed at the last meeting because more information was required.
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 Ordinance No. 63-04 be passed as read:
Discussion: Mr. Gollinger asked about the large sum added to the Police budget. Ms. Wollenzier explained that this was for the pension fund because at this time the City does not know whether overtime payments will be taken now or accumulated for redemption later. The sum was larger than usual because of an error, but the total is the same as other years with a 4.5% increase.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye Bobst - aye
7 ayes 0 nays PASSED
ORDINANCE NO. 64-04 BY BRIAN A. HURTUK
AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF FINANCE TO PAY THE CITY OF CLEVELAND, DIVISION OF WATER FOR METER READINGS NEEDED BY THE CITY OF ROCKY RIVER AT A COST NOT TO EXCEED $19,267.56
1ST READING
This ordinance was read for the first time and will be further discussed at the next meeting of the Committee-of-the-Whole.
ORDINANCE NO. 66-04 BY BRIAN A. HURTUK
AN EMERGENCY ORDINANCE ADDING SECTION 153.015 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER ENTITLED EXEMPT AND NON-EXEMPT EMPLOYEES - OVERTIME COMPENSATION AND COMPENSATORY TIME AS DESCRIBED IN THE ATTACHED EXHIBIT A
1ST READING
This ordinance was read for the first time. A change was received in the attachment which Council members were reminded to replace in their ordinances. It will be discussed at the next meeting of the Committee-of-the-Whole.
ORDINANCE NO. 68-04 BY BRIAN A. HURTUK
AN EMERGENCY ORDINANCE ADDING SECTION 153.055 TO THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER ENTITLED "LEAVE OF ABSENCE AND FAMILY AND MEDICAL LEAVE FOR EMPLOYEES" AS DESCRIBED IN THE ATTACHED EXHIBIT "A"
1ST READING
Moved by Mr. Hurtuk, seconded by Mr. Potterfield and Mrs. Bartolozzi, that the rule requiring that Ordinance No. 68-04 be read on three separate days be suspended, and that Ordinance No. 68-04 be placed upon its passage:
Discussion: This ordinance is being considered for passage because it is needed for the Employee Handbook.
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 Ordinance No. 68-04 be passed as read:
Discussion: This ordinance, like two that follow in the Consent Agenda, make these policies a part of the Codified Ordinances.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye Bobst - aye
7 ayes 0 nays PASSED
RESOLUTION NO. 70-04 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 FOR PARTICIPATING EMPLOYEES OF POLICE DIVISION WHO ARE MEMBERS OF THE OHIO POLICE AND FIRE PENSION FUND
1ST READING
Moved by Mr. Hurtuk, seconded by Mrs. Bartolozzi and Mr. Gollinger, that the rule requiring that Resolution No. 70-04 be read on three separate days be suspended, and that Resolution No. 70-04 be placed upon its passage:
Discussion: This resolution, and the one that follows, are required because the pension fund has requested that our original resolution be divided into two separate resolutions, one for the Police Division and one for the Fire Division.
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 Mr. Gollinger, that Resolution No. 70-04 be passed as read:
Discussion: See discussion above. Mr. Gollinger added that this resolution amends and repeals Resolution No. 45-04.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye Bobst - aye
7 ayes 0 nays PASSED
RESOLUTION NO. 71-04 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 FOR PARTICIPATING EMPLOYEES OF FIRE DIVISION WHO ARE MEMBERS OF THE OHIO POLICE AND FIRE PENSION FUND
1ST READING
Moved by Mr. Hurtuk, seconded by Mr. Hagan, that the rule requiring that Resolution No. 71-04 be read on three separate days be suspended, and that Resolution No. 71-04 be placed upon its passage:
Discussion: See discussion for Resolution No. 70-04.
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 Mr. Hagan, that Resolution No. 71-04 be passed as read:
Discussion: See discussion for Resolution No. 70-04.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye Bobst - aye
7 ayes 0 nays PASSED
ORDINANCE NO. 72-04 BY BRIAN A. HURTUK
AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A MUTUAL RELEASE AND SETTLEMENT AGREEMENT WITH BAKER VEHICLE SYSTEMS, INC. FOR THE RETURN OF THREE 4-WHEEL CUSHMAN HAULSTERS IN EXCHANGE FOR THE SUM OF FIFTY-NINE THOUSAND NINE HUNDRED FIFTY-TWO DOLLARS ($59,952.00)
1ST READING
Moved by Mr. Hurtuk, seconded by Mrs. Bartolozzi, that the rule requiring that Ordinance No. 72-04 be read on three separate days be suspended, and that Ordinance No. 72-04 be placed upon its passage:
Discussion: This ordinance will provide an opportunity to receive refunds on these vehicles, less a modest lease fee. This should not be delayed so that the funds can be returned to the City.
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 Mr. Gollinger and Mr. Hagan, that Ordinance No. 72-04 be passed as read:
Discussion: Mr. Hurtuk acknowledged that Mr. Matty did an outstanding job of negotiating a settlement in this case, where Cushman Haulsters purchased from Baker Motors are no longer certified for street traffic. Mr. Hurtuk pointed out that this will clear up future liability.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye Bobst - aye
7 ayes 0 nays PASSED
ORDINANCE NO. 73-04 BY BRIAN A. HURTUK
AN EMERGENCY ORDINANCE AUTHORIZING THE SHORT TERM RENTAL OF THREE 4-WHEEL CUSHMAN HAULSTERS (SERIAL NOS. 2124075, 2124105 AND 2124602) FROM BAKER VEHICLE SYSTEMS, INC. IN THE AMOUNT OF SIX THOUSAND THREE HUNDRED DOLLARS $6,300.00) FOR THE TIME PERIOD FROM NOVEMBER 11, 2003 THROUGH JANUARY 30, 2004
1ST READING
Moved by Mr. Hurtuk, seconded by Mr. Potterfield and Mr. Hagan, that the rule requiring that Ordinance No. 73-04 be read on three separate days be suspended, and that Ordinance No. 73-04 be placed upon its passage:
Discussion: See discussion for Ordinance No. 72-04. This is the ordinance for the lease charge.
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 Ordinance No. 73-04 be passed as read:
Discussion: This covers the time the City had the vehicles in its possession.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye Bobst - aye
7 ayes 0 nays PASSED
RESOLUTION NO. 76-04 BY THE MEMBERS OF COUNCIL
A RESOLUTION REQUESTING THE ANIMAL CONTROL OFFICER IN THE CITY OF LAKEWOOD, OHIO TO ENFORCE SECTIONS 505.13 AND 515.04 OF THE CODIFIED ORDINANCES OF THE CITY OF LAKEWOOD, OHIO AT THE CITY'S OFF-LEASH DOG PARK LOCATED AT 1299 METROPARK DRIVE
1ST READING
This resolution was read for the first time and will be further discussed at the next meeting of the Committee-of-the-Whole.
RESOLUTION NO. 77-04 BY MAYOR WILLIAM F. KNOBLE AND
ALL MEMBERS OF COUNCIL
A RESOLUTION OBJECTING TO THE ISSUANCE OF A LIQUOR PERMIT FOR A LOCATION AT 22150 CENTER RIDGE ROAD IN THE CITY OF ROCKY RIVER, OHIO, AND DECLARING AN EMERGENCY
1ST READING
Moved by Mrs. Bobst, seconded by Mr. Gollinger and Mr. Hurtuk, that the rule requiring that Resolution No. 77-04 be read on three separate days be suspended, and that Resolution No. 77-04 be placed upon its passage:
Discussion: This is a procedural matter, since Mr. Matty has negotiated with Giant Eagle, and they have agreed to withdraw the application. It should be passed so that our objection can be registered in Columbus as soon as possible
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 Mrs. Bartolozzi, that Resolution No. 77-04 be passed as read:
Discussion: Mrs. Bobst observed that the City always objects to applications for liquor permits in gas stations. Giant Eagle was understanding, but this objection must be registered so that the City will receive the subsequent documentation.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye Bobst - aye
7 ayes 0 nays PASSED
ORDINANCES AND RESOLUTIONS UNDER CONSENT:
ORDINANCE NO. 65-04 BY BRIAN F. HAGAN
AN EMERGENCY ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO ENTER INTO AN AGREEMENT WHEREBY THE STATE OF OHIO WILL SUPPLY UP TO $25,604.00 FOR THE OPERATION OF THE MARINE PATROL FOR THE YEAR 2004, AND AS FURTHER DESCRIBED IN THE ATTACHED AGREEMENT
1ST READING
This will allow the City to accept funds to conduct the Marine Patrol for 2004
ORDINANCE NO. 67-04 BY BRIAN A. HURTUK
AN EMERGENCY ORDINANCE AMENDING SECTION 153.01 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER ENTITLED "MILITARY LEAVE" AS DESCRIBED IN THE ATTACHED EXHIBIT "A"
1ST READING
This will provide sufficient detail on this topic for the Employee Handbook.
ORDINANCE NO. 69-04 BY BRIAN A. HURTUK
AN EMERGENCY ORDINANCE AMENDING SECTION 153.08 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER ENTITLED "TRAVEL AND EXPENSE REIMBURSEMENTS" AS DESCRIBED IN THE ATTACHED EXHIBIT "A"
1ST READING
This also is for the Employee Handbook. An additional benefit is the provision that changes will automatically be made as the IRS updates its figures without additional legislation.
ORDINANCE NO. 74-04 BY BRIAN F. HAGAN
AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH CAPITAL RECOVERY SERVICES REGARDING COURT COLLECTION ASSISTANCE FOR THE ROCKY RIVER MUNICIPAL COURT
1ST READING
This ordinance was discussed earlier with Clerk of Courts Gareau.
RESOLUTION NO. 75-04 BY MAYOR WILLIAM F. KNOBLE, LAW DIRECTOR
DAVID J. MATTY AND ALL MEMBERS OF COUNCIL
AN EMERGENCY RESOLUTION SUPPORTING BRIDGEWORKS, A SENIOR AUXILIARY CORPS BENEFITTING THE COMMUNITY'S SENIOR CITIZENS AND LOCAL BUSINESSES
1ST READING
This resolution supports the Senior Center's application for a grant to fund BridgeWorks which will benefit both seniors and the community's business. Mrs. Bobst read a long list of supporters, prominent community leaders who wrote letters in support of this application.
Moved by Mrs. Bobst, seconded by Mr. Hurtuk, that the rule requiring that Ordinances No. 65-04, 67-04, 69-04 and 74-04 and Resolution No. 75-04 be read on three separate days be suspended, and that those ordinances and resolution 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 Mr. Gollinger, that the above ordinances and resolution 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. Gollinger commented that he would like to discuss "sticker shock" in the new concealed carry law and proposed a discussion of the possibility of designating Rocky River as a no-carry community at the next Committee-of-the-Whole. This would eliminate the need for stickers on each building. The Mayor stated that there was no provision for this legislation under State law. Mr. Gollinger will look into other possibilities.
Mr. Matty requested an updated resolution affirming Calfee, Halter as the City's bond counsel. Ms. Wollenzier has the proposals, so the resolution can be drafted and updated. He also requested an Executive Session to discuss a matter of imminent or pending litigation.
MOTION:
Moved by Mrs. Bobst, seconded by Mr. Hagan, that at the request of the Law Director, an Executive Session be held immediately following the meeting for a conference with him concerning disputes involving the public body that are the subject of pending or imminent court action under Article X, Section 6, Subsection 3.
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 9:25 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 Legislative Meeting of May 10, 2004. These minutes may be amended or revised at the next Legislative Meeting.
DRAFT
CITY OF ROCKY RIVER
May 10, 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 7:00 p.m. in the Committee Room.
Planning, Zoning and Economic Development Committee Members Present:
Mr. Potterfield, Mrs. Bartolozzi, Mr. Gollinger, Mr. Hurtuk
Council members present: Mr. Frost, Mr. Hagan, Mrs. Bobst
Administration: Mayor Knoble, Mr. Lesiecki,, Mr. Beirne
Law Director: Mr. Matty
The first topic introduced by Mr. Potterfield was Sewer Tie-in Fees. He turned to Mr. Beirne, the Building Commissioner, who began by commenting that Rocky River is one of the few cities in the area that does not charge for sewer connections. He recommended segregating commercial from residential, charging at different rates.
Mr. Potterfield distributed a draft of proposed rates to set the discussion in motion since the topic has been under discussion for some time. Mr. Beirne noted that in other cities, rates range from $20 to $3000-$4000. Mayor Knoble commented that to connect a property on Wooster where the connection had to be made in the middle of the street, the cost to the City was well in excess of $2000. Mr. Gollinger asked what would be a typical cost. Mr. Beirne said that really does not exist, as each case is individual and costs are not predictable. He cited an example of a 38-unit project on Center Ridge which paid nothing for sewer connections and he recommended that a per-unit charge be instituted.
Mr. Lesiecki reminded Committee members that developers were buying the right to have waste water treated, not just the labor for the actual connection. In some communities, these fees help pay for the treatment plant expansions necessary because of the new connections. Mr. Matty agreed, noting that the law permits the City to set up guidelines and fees are not meant merely to cover the cost of inspecting the site, but to help cover costs of expansion. He recommended looking at a new standard based upon use or capacity.
Mr. Hagan expressed surprise that tap-in fees were not charged. Mr. Gollinger stated, then, that two different issues were being considered: one was the cost to the City for the making the connection and the other to provide for expansion based on new tap-ins. When it was pointed out that our City is fully developed, Mr. Matty reminded everyone that a $1 million screw pump is currently under consideration as a needed repair. He suggested setting a fee and charging more if costs escalate beyond that figure. Mr. Gollinger asked if a work order could established for each tap-in so that hours worked can be calculated. He was told that this could be done. It is also possible to require a developer to deposit a set amount-say $10,000- and to deduct all costs from that figure, refunding any excess. Fees currently go to the General Fund, but these could be earmarked for paying the City's share of the WWTP costs.
Mr. Potterfield noted that there was a general consensus that the City should establish a sewer tap-in fee. The details including the fee structure remain to be discussed. A question was raised as to what is charged by other communities. Mr. Lesiecki pointed out that the EPA lists annual user fees on line. He will research the site and respond to Mr. Potterfield within two weeks.
The second topic, Drive-throughs, has also been discussed in the past, both at Council meetings and by the BZA.
Mrs. Bobst briefly reviewed issues and considerations which need attention in this discussion: noise, lighting, litter, safety, security, traffic, designated lanes, signage, hours of operation, control of items dispensed and planning issues such as distance from residences, drainage, buffering and lot size. (See Council minutes, 3/22/04.) At present, only banks and possibly one dry cleaner have drive-throughs. She noted that there have been residents who would appreciate the convenience of drive-throughs, particularly seniors or families with youngsters. The question is whether to permit their use in Local Business and strengthen the Code as it pertains to these drive-throughs, or to restrict their use to General Business.
Mr. Matty remarked that this is 2004 and drive-throughs are common. The ordinance he provided from Solon was drafted by a certified city planner, hired to do a comprehensive study on drive-throughs. This is in a city where McDonald's was not permitted a drive-through. In our City, we have General Business as well as Local Business which abut residences. He recommends that a standard be set for a business which wishes to use a drive-through. If it cannot meet that standard, it must seek a variance. At present, there is no procedure, and Mr. Matty cautioned that there are other ways which businesses can pursue. To allow one business to have a drive-through and not another is haphazard; there should be one general set of rules. If the business can meet the standard, it should be permitted. Mr. Matty urged the Council to be business-friendly. Loudspeakers would be at the window only, and decibel levels can be controlled.
Mayor Knoble had two comments: one prominent business family told him they do not want a drive-through because when customers come in, they buy more. Secondly, the City will lose the AAA office because a suitable facility which would permit a drive-through window could not be found. On this point they were adamant. He observed that he was much less concerned about drive-throughs than he was about 24-hour operations which attracts "wackos".
Mr. Frost also had two comments: The Law Director mentioned General Business locations next to residences. At River Plaza, a bank has a drive-through next to residences, directly abutting. On the speaker issue, he pointed out that banks have speakers. He indicated he felt it unfair to say that only Local Business is close to residences, and he felt that Council should look at procedures using more rational criteria. He would like the City to encourage businesses and be friendly to residents by developing rational criteria.
Mrs. Bobst pointed out that the library's drive-through is a convenience used by many residents.
Mr. Hurtuk believes in a more consistent approach, and Mrs. Bartolozzi agreed.
Mr. Potterfield, then, noted that there was a consensus, and he requested that Mr. Matty prepare a draft for the Council agenda in 2-4 weeks. It will then be referred to committee for review and recommendation.
The third topic, the Lake Road development Site Phase I Environmental Study was next to be discussed. Mr. Potterfield commented that the report was thorough and well-documented. The salient points are Sections11.0 Conclusions, and 12.0 Recommendations. He asked for comments from the City Engineer, Mr. Lesiecki, and Mr. Matty.
Mr. Lesiecki pointed out that HzW, the consultants who conducted the Phase I study, surveyed its history. They feel that for some period during 1948 - 1962, the site could have been used for dumping of common household waste. This would make it regulated by the Ohio Administrative Code 3745-27-13, or Rule 13, which governs the proper closure of landfills. They make three recommendations to determine our status:
Mr. Hagan remarked that Rule 13 would tell us how to proceed, but we would not know how far we might have to go.
Mrs. Bobst asked if this issue needs to be resolved before the property can be sold. Mr. Lesiecki acknowledged that a potential buyer would be hesitant to proceed. Further, the environmental responsibility would still be with the City. Mr. Hagan also pointed out that a lender would require that the issue be resolved.
Mr. Gollinger asked about doing borings. Mr. Lesiecki indicated that Rule 13 would tell us what needs to be done. Mayor Knoble wondered what would happen if the landfill area (term used for identification purposes only) were to be shut off prior to implementation of Rule 13. Mr. Matty pointed out that the consultant has said that there is a "recognized environmental condition" and until it is cleared up, no lender will risk development.
Responding to a question from Mr. Matty, Mr. Lesiecki stated that a closure report had been submitted last year on a leaking underground storage tank as shown on the BUSTR website. He is awaiting a response.
Mr. Potterfield acknowledged that the City has environmental liability. He asked how much a Phase II study would cost. Mr. Matty noted that preliminary costs are listed on page 30 of the report, but for more detailed work, proposals would have to be prepared. Mr. Potterfield wondered if the City would still have a problem if it decided not to sell the property. Mr. Matty thought it would have to be discussed with HzW. Mr. Hagan observed that the move to sell the property has begun. Recommendations for remediation could be $20,000 to $25,000. If the City wishes to pursue the sale of property, it must follow one of the three recommended steps.
Mr. Frost felt that one alternative for the property, a park, would still require remediation before children could be allowed to play there. He favored the first, least expensive alternative, contacting the EPA on an informal basis to determine a strategy to bring the property into compliance, even if the City should decide to hold the property.
Since the City would like to recoup some of the funds it has invested in the property, Mr. Lesiecki recommended that he pursue the first alternative before doing any further research.
MOTION:
Moved by Mr. Gollinger, seconded by Mr. Potterfield, that the City Engineer be authorized to move forward requesting generic information from the Ohio EPA.
Vote: Potterfield - aye Bartolozzi - aye Gollinger - aye
3 ayes 0 nays PASSED
For the last topic, Scheduling of meeting with Commission Chairpersons, Mr. Potterfield stated that he will send out a letter within the next two weeks setting a time for the exchange of views with commission chairpersons on current legislative topics.
There was no further discussion from Council, and the meeting was adjourned at 8:02 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 of May 10, 2004. These minutes may be amended or revised at the next Legislative Meeting.