DRAFT

CITY OF ROCKY RIVER

MAY 16, 2005

The Committee-of-the-Whole was called to order by Mrs. Bobst, President of Council, at 8:00 p.m.

Council Members Present: Mr. Gollinger, Mr. Potterfield, Mr. Frost, Mr. Hurtuk,

Mrs. Bartolozzi, Mr. Hagan, Mrs. Bobst

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

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:

The new fire truck has arrived and is currently housed in the fire station while being prepared for public display. Current plans are to include it in the Memorial Day Parade.

The recycling bins outside the Fire Department near the fuel pumps were originally placed for City Hall paper recycling at the request of the Kiwanis Club for the benefit of the Boy Scouts. An additional benefit for the City is that this quantity of paper is kept out of the landfill and dumping costs are lowered. It became so popular that a second bin was added and has filled so rapidly that emptying them has become a problem. The City will work with the recycler to ease this situation. The Mayor reminded the community, however, that there are additional bins behind St. Thomas Lutheran School, the high school and Goldwood School. He encouraged residents to continue their newspaper recycling.

The meeting of the Planning Commission, scheduled for tomorrow, has been postponed until next week because they would not have a quorum this week.

The meeting for interested parents and users of a proposed skateboard park will be held tomorrow at the pavilion at the ice rink. (Note: This meeting was rescheduled to May 19.)

The Police auction will be this Saturday at 9:00 a.m.

Forms are now available for nominations in the third annual Beautification Contest, a "friendly competition" showcasing Rocky River gardens and landscapes on private property. The Mayor encouraged Council participation.

A good meeting of the Stormwater Management Committee was held. One result is that this summer, the Committee will ask for volunteers to stencil signs for catch basins asking residents not to dump toxic waste.

Also successful was the annual Arbor Day Tree Planting last week.

Discussion: Mrs. Bartolozzi asked what materials are recycled in the City Hall bins.

• •The Mayor responded that it was for newspapers.
  
  

Mrs. Bobst asked for an update on the outdoor pool which is under construction.

• •The Mayor stated that construction is close to its schedule despite a few lost days due to a laborers' strike. All concrete for which forms were in place has been poured, although the company may be a bit behind in its site work. It may be close, but he is optimistic that the June 11 deadline will be met.

UNFINISHED BUSINESS:

Resolution No. 133-04: This resolution adopts the Master Plan. Mr. Potterfield indicated that the Planning Commission is concluding its final review which will be delayed by one week since the Commission lacks a quorum this week. He expects that they will issue a master statement on the Master Plan providing an overview of their thoughts.

Ordinance No. 40-05: This ordinance is also under review by the Planning Commission. Mr. Potterfield indicated that because the Commission's report will be received soon, he will poll the members of his Planning, Zoning and Economic Development Committee this week to set a meeting date in June to discuss their conclusions.

Ordinance No. 47-05: Mr. Frost indicated that he anticipates two amendments to this ordinance:

1.) He will change the designation of pit bulls from vicious to dangerous, since vicious dogs are banned from the City. This change will permit residents to have pit bulls, but will maintain regulations.

2.) He will reinstate the seven-day waiting period for disposition of impounded animals

which was recommended by the Working Group. He asked if this would be a problem for

the Administration, and the Mayor responded that it was Council's decision. He indicated

that a safety valve could be included for overcrowded conditions of, for instance, feral

cats, but the seven-day period would be standard.

Mr. Frost then asked the Law Director if there were any changes necessary from a legal point of view, and Mr. Matty said that there were not.

• •Mrs. Bartolozzi asked about the restrictions on feeding of geese and ducks. Mr. Frost said that Mr. Miskoe had raised a good point, and that backyard feeders were definitely legal. He further commented that he was not anticipating any change in ordinance as presented, and that the feeding of Canada geese and gulls would be prohibited.
• •Mayor Knoble gave Mr. Frost information on Ohio House Bill 189 which deals with dangerous dogs.
  
  
• •Mr. Matty then summarized the proposed changes so that an amended ordinance can be prepared for next week's meeting.

In Section 505.25, three days will be changed to seven days.

In Section 505.11, (iii) will be eliminated from the definition of "vicious dog"

In Section 505.11, the phrase eliminated above will be added to the definition of

"dangerous dog". Insurance requirements would then apply to dangerous dogs.

Ordinance No. 70-05: 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 City sewer billings. Mr. Thomas explained that no response has been received as yet from the Cleveland Division of Water in response to questions posed by Council.

Ordinance No. 74-05: The Mayor distributed the 2005 Street Evaluations recently completed by Mr. Linden and Mr. Gottschalk. This document lists every street in the City along with its condition. He commented that this year had been particularly difficult and that the bad weather had taken its toll so that many more streets are in need of repair than can be done with the funds available. Ordinance No.74-05 is one way of injecting an annual revenue stream into the paving program. This fee, or tax, has been authorized by the State of Ohio for some time, and although discussed, has not been done. The Mayor indicated that it is difficult to estimate the income which will be produced, but he thought it may be about $75,000 per year which would be enough to "mill and fill" one typical long street in our City.

Mr. Hurtuk expressed his wish to be certain that this is the right source of income. He feels that further research is needed. He would like to know what other communities are doing before moving forward to pass this legislation.

MISCELLANEOUS BUSINESS:

Maximum Residential Lot Coverage: This topic became an issue in discussions of the Mayor and Mr. Koran with two developers seeking development or redevelopment projects in the City. The Mayor explained that it appeared then that our maximum lot coverage regulations are at odds with those of other communities. Noting that he had misplaced Council questions, he asked members to rephrase any questions or comments.

• •Mrs. Bobst pointed out that Council is currently considering Ordinance No. 40-05 and she wondered about the impact of that ordinance in addition to these recommendations which were outlined in the Mayor's memorandum. She further wondered how many variances in lot coverage had been granted by the BZA in the last year or two years.
  
  

Mrs. Bobst indicated that Council needs to draft legislation for Council's annual recess, traditionally in August. She noted that as in other years, when schedules permit, City business can still be considered during the month in the absence of set meeting times. As there were no objections, she asked the Administration to draft the ordinance for consideration next week.

COMMITTEE REPORTS:

Parks and Recreation Commission: Mrs. Bobst reported that the Commission will meet on Wednesday at 8:00 a.m. in the pavilion. At that time, Commission members will hear an update on the outdoor pool and plans for the expansion of the Don Umerley Civic Center. Also on the agenda is information on the proposed skateboard park, the upcoming lacrosse festival and an update on softball in the City.

NEW BUSINESS:

Ordinance No. 75-05: This ordinance, which sets the Mayor's compensation, will not change from the 2005 level. Mayor Knoble added that, although the ordinance provides for his use of a City car, he has not done so unless he is required to attend a meeting during the day when he is at City Hall. Otherwise, he uses his own car and does not request reimbursement for mileage, so there is no cost to the City.

Ordinance No. 76-05: This ordinance sets the compensation for the Law Director and there is no change from present levels. Mr. Matty noted that his compensation has remained the same for the past four years, and again, no increase is requested.

COMMUNICATIONS AND ANNOUNCEMENTS: NONE

MOTION:

Moved by Mrs. Bobst, seconded by Mr. Gollinger, that at her request, an Executive Session be held immediately following the meeting to consider the compensation of a public employee or official under Article X, Section 6, Subsection 1 of the Charter, and at the request of the Law Director, 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 8:30 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 16, 2005. These minutes may be revised or amended at the next Legislative Meeting.