DRAFT
CITY OF ROCKY RIVER
MAY 24, 2004
Regular meeting of Council 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, Ms. Wollenzier, Mr. Lesiecki
Law Director: Mr. Matty
Press: Ms. McKenzie, Mr. White
The meeting was opened with the Pledge of Allegiance.
The first order of business was a Public Hearing on Amended Ordinance No. 46-04 and Ordinance 59-04.
The meeting resumed at 8:21 p.m. following the Public Hearing on the rezoning.
MOTION:
Moved by Mrs. Bobst, seconded by Mr. Hurtuk, that the reading of the minutes of the Legislative Meeting and Executive Session of May 10 and the Committee of the Whole of May 17 be waived and that the minutes of May 10 be accepted as submitted and the minutes of May 17 be accepted as amended.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye Bobst - aye
7 ayes 0 nays PASSED
MAYOR'S REPORT:
This weekend saw more damage because of weather conditions. According to rainfall charted at the WWTP, on Friday, the City had 1.2" of rain in a short period of time. However, the region that feeds the west branch of the Rocky River had, in some areas, 4" on Friday as well as 3" to 5" in the east branch. By the time it got here Friday evening into Saturday morning, the speed of the flow and the amount of debris, including large trees, was something not seen in many years. Docks were destroyed at the Emerald Necklace marina and others south of the Rocky River bridge. Six boats were pushed out onto Lake Erie; in all, 23 were damaged. The Mayor attended a series of meetings to discuss the event. Some City forces were involved in damage control, and under Mr. Linden's direction, performed admirably. As of yesterday, most visible damage had been cleaned up. There was no damage to City property. One injury occurred when an onlooker stepped back into traffic and was hit by a car.
The "Touch a Truck" event was very successful with approximately 500 attendees. A number of vehicles from the City's fleet were available; those with air horns were very popular.
This afternoon, shortly before 5:00 p.m., phone calls alerted the Mayor that a water outage had occurred in the Wooster Road area. He expressed appreciation to Heather Wagner for staying at her post to take the calls. Because of the proximity to the construction, many callers felt that it had caused the outage, but in fact, it was due to a water main break. In order to make repairs, the Cleveland Water Department shut off water on Parklane, Westover and Bonnie Bank.
An open house will be held this Thursday at 7:00 p.m. to discuss the dredging of the Rocky River project slated to begin mid-June.
The Mayor and Senior Services Director Calladine taped a segment for Cox Cable last Friday. It will be aired on Fridays in June.
Mayor Knoble attended a meeting at the library which featured Kevin Beirne, the Building Commissioner, as a guest speaker on home improvements. The Mayor added that he did a very good job.
A successful harassment training class was held for City management personnel.
Discussion: Mr. Gollinger asked if the City's boat incurred any damage. The Mayor said that it had stayed in dock and was not harmed.
Finally, the Mayor requested an Executive Session to discuss a matter of imminent litigation.
COMMITTEE REPORTS:
Contracts Committee: Mr. Hagan reported that the committee had met this evening to discuss proposals for codifying the procedure for the sale or disposal of municipal property. The committee voted to recommend that the Law Director draft an ordinance to codify the process.
Environmental Committee: Mr. Gollinger has spoken with Pat Holland, the Executive Director of the solid waste district. Mr. Holland is quite satisfied with our City's recycling volume, and has volunteered to speak to Council with ideas to enhance our program. Mr. Gollinger will make the arrangements for a future committee meeting.
Mayor Knoble announced that sometime in June, City Hall will begin a wastepaper recycling program.
COMMUNICATIONS AND ANNOUNCEMENTS:
The Recreation Facilities Task Force, along with City Architecture, will hold a public meeting to discuss Civic Center additions and improvements to the ice rink tomorrow at 7:00 p.m in the Senior Center auditorium. Mrs. Bobst encouraged everyone to attend and participate in this second of two meetings. After this, they will finalize preliminary design plans. This will be followed by an ordinance to place the issue on the ballot.
The Master Plan Working Group will meet June 2 at 5:00 p.m. at the Don Umerley Civic Center to discuss a final draft of the Master Plan update.
There will be no Council meeting next week because it is the fifth Monday of the month. The next meeting will be Monday, June 7.
A letter dated May 17, 2004 has been received from Fred I. Sokol, requesting the purchase of a pumper for the Fire Department. (Exhibit "A")
Mr. Hurtuk mentioned that the Finance Committee will probably meet in June to discuss the financial implications of the ballot issue for the expansion of the Civic Center.
Mr. Frost indicated, that thanks to Mayor Knoble and Mayor Akers of Pepper Pike, he will be gone for much of June to fulfill his American Marshall Memorial Fellowship for inter-governmental exchange abroad. He will not be present for the meetings of June 7, 14, or 21, but will be accessible by e-mail.
Finally, Mrs. Bobst mentioned that a vote for a suspension of the 72-hour rule of notification would be held so that Ordinance No. 88-04 could be considered on this evening's agenda.
MOTION:
Moved by Mrs. Bobst, seconded by Mr. Hurtuk, that the 72-hour rule of notification be waived for Ordinance No. 88-04 and that the ordinance be place on the agenda for consideration this evening.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye Bobst - aye
7 ayes 0 nays PASSED
There were no requests for removal from the Consent Agenda.
LAW DIRECTOR'S REPORT:
Mr. Matty reported that he had prepared four ordinances for drive-throughs. Drive-in banks are already a part of the Code and they have now been designated drive-through banks. The chapters dealing with Office Building Districts, Local Business Districts and General Business Districts have been amended to include drive-through businesses. Section 1151.07 has been added with defined parameters for those drive-through businesses, in a format requested by the committee.
The Law Director also requested an Executive Session following the meeting to discuss two matters, one of pending litigation and one of imminent litigation.
AUDIENCE PARTICIPATION:
Carol Buddie, 18540 High Parkway, commented on Resolution No. 76-04. She mentioned that she thinks this is a wonderful community and that she has lived here for many years. Her yard backs up to the Metroparks and has always been quiet and peaceful. Last July, things changed with the opening of an off-leash dog park in Lakewood at the bottom of the hill near her house. The peace and quiet are over, and the noise of dogs barking can be heard from morning until night. When she called the City of Lakewood, she spoke to Bill Boag who urged her to be patient and told her that when the novelty wore off, fewer dogs would visit the park. Since that time, the only change has been in the hours of the park which are now from 7:00 a.m. until 9 p.m. on weekdays and from 8 a.m. to 9 p.m on weekends. She asked Council to imagine waking to 15 dogs barking at 8 a.m. on Saturday. She can't sit on her deck or use her back yard. She thanked Council for considering this resolution which she thinks is a non-confrontational way to let people know the situation.
Lynn Hricik, 18740 High Parkway, lives halfway down the street, and she can also hear the barking, so it is not just at the end of those residents who live on the valley. Because she chose the residence for its peace and quiet, she would appreciate anything that can be done to help them.
Eileen Griffin, 18520 High Parkway, observed that on Fisher, one side is Lakewood and the other Cleveland. If a party becomes too noisy, residents can call the Police Departments of the other city who will respond. She does not wish to confront the City of Lakewood, and hopes that this resolution will help. She said that humans should not suffer for the sake of animals and asked Council to pass the resolution.
Mr. Gollinger commented that he was aware of the City's efforts, and wondered if residents had called the Lakewood Police Department to voice complaints about the noise.
Residents responded that they did not want to be confrontational, and had called the Administration, but not the Police Department. They also said that noise seems to be worse on holiday weekends and is pretty much continuous throughout the day and evening.
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"
3RD READING
Moved by Mr. Potterfield, seconded by Mr. Gollinger, that Amended Ordinance No. 46-04 be passed as read:
Discussion: Mr. Potterfield reiterated that this ordinance had been recommended by the Planning Commission and had three readings before City Council. This has been in the public view for some time and not generated negative public comments or objections.
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"
3RD READING
Moved by Mr. Potterfield, seconded by Mr. Gollinger, that Ordinance No. 59-04 be passed as read:
Discussion: Mr. Potterfield referenced the discussion for Amended Ordinance No. 46-04 above. Mr. Gollinger commented that the property is being converted from rental to property ownership which he felt would be beneficial. Both Mrs. Bobst and Mr. Frost noted that this new zoning would be less dense and the original apartment zoning.
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
2ND READING
Mr. Hurtuk explained that more discussion will be needed on this ordinance at the next Committee-of-the-Whole. He plans to move forward at the next legislative meeting.
MOTION:
Moved by Mr. Hurtuk, seconded by Mr. Hagan, that Ordinance No. 66-04 be amended as to Exhibit "A", (c) adding "and do not accrue" compensatory time.
Discussion: This change was requested by the Mayor.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye Bobst - aye
7 ayes 0 nays PASSED
AMENDED 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
2ND READING
More information will be forthcoming, so further discussion will be held at the next Committee-of-the-Whole.
MOTION:
Moved by Mr. Hurtuk, seconded by Mrs. Bartolozzi, that Resolution No. 76-04 be amended to include the Administration in the presenting of the Resolution.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye Bobst - aye
7 ayes 0 nays PASSED
AMENDED 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
2ND READING
Moved by Mr. Hurtuk, seconded by Mr. Frost, that the rule requiring that Amended Resolution No. 76-04 be read on three separate days be suspended, and that Amended Resolution No. 76-04 be placed upon its passage:
Discussion: Mr. Hurtuk explained that normally, three readings would be held, but particularly since Mr. Frost will shortly be absent, he felt it is time to put the issue to a vote.
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. Frost and Mrs. Bartolozzi, that Amended Resolution No. 76-04 be passed as read:
Discussion: Mayor Knoble took this opportunity to review the situation. When he became aware that there was a problem, he called former Streets Commissioner Boag (a Rocky River resident) who did adjust the opening time. Upon receiving the petitions, he forwarded them to Mayor Cain who, at that time was deeply involved in a campaign which she ultimately lost. During that time, Mayor Cain took no action. Following the election, Mayor Knoble met with the new Mayor George of Lakewood on February 3 and handed him a copy of the petition and discussed the ramifications. Mayor George promised to look into the matter. When there was no action, the Mayor contacted the Law Director on the best course of action. Mr. Matty recommended a petition to that city to enforce its laws, hence the resolution.
Mr. Matty asked Council to seriously consider passing this resolution by all nine elected officials of the City. He noted that Mayor Knoble took action, but was not successful because it takes two parties to solve the situation. He hoped it is received in the way it was drafted, hopefully to solve a problem with which our residents are living on a daily basis as testimony confirms.
Mr. Gollinger stated that the resolution is hollow. He believes that Lakewood knows they are in violation of their noise ordinance. He asked what happens when they are presented with this information. Mr. Matty indicated that he hoped it would start dialogue which will result in control of the noise. He further stated that he did not believe the resolution was hollow and felt it is better to ask rather than demand.
Mr. Frost appreciated Mayor Knoble's comments clarifying the Administration's actions and concern. He thanked the residents who came to tonight's meeting and acknowledged that he did not know if this step would work, but if the residents wish to have it, and there is no better alternative, he is pleased to support it.
Mrs. Bartolozzi observed that if Lakewood's noise ordinances are complaint-driven as ours are, it may be necessary for residents to call the Police Department when the noise is excessive and beyond acceptable limits
Mr. Hagan agreed with Mr. Frost and commended Mayor Knoble for what he had done and Mr. Hurtuk for presenting the problem to Council. He asked about the next step to which Law Director Matty had alluded if this resolution does not become a facilitator to discussion, but the Law Director declined to discuss it at this time.
Mr. Frost felt that the advice from Mrs. Bartolozzi was constructive. He urged residents to call to alert the Police Department if the barking is too loud and to continue to let them know.
Mrs. Bobst added that everyone likes to work cooperatively and collaboratively. This is not to be taken lightly. Our City cannot dictate to Lakewood how to enforce its laws.
Mr. Hurtuk thanked all the residents for coming. He explained that he had spoken to Patty Bars from the Cleveland Metroparks who told him that they do not own the land and have no jurisdiction. He has also communicated via e-mail with Robert Seelie, President of Lakewood City Council, but as yet has had no response. He is making an effort to create dialogue, and take the next step in the process.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye Bobst - aye
7 ayes 0 nays PASSED
ORDINANCE NO. 79-04 BY BRIAN A. HURTUK
AN EMERGENCY ORDINANCE AUTHORIZING THE REIMBURSEMENT FOR EXPENSES ACCRUED FOR THE RECONSTRUCTION OF WOOSTER ROAD IN THE AMOUNT NOT TO EXCEED $800,000.00
1ST READING
Moved by Mr. Hurtuk, seconded by Mr. Hagan, that the rule requiring that Ordinance No. 79-04 be read on three separate days be suspended, and that Ordinance No. 79-04 be placed upon its passage:
Discussion: The reason for this ordinance is outlined in Section 2, a "declaration of official intent" to include the amount in tax-exempt notes or bonds.
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 Ordinance No. 79-04 be passed as read:
Discussion: See discussion above.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye Bobst - aye
7 ayes 0 nays PASSED
ORDINANCE NO. 82-04 BY BRIAN F. HAGAN
AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO ENTER INTO A CONTRACT WITH BROKEN BRANCH LANDSCAPING AND TREE CARE FOR THE GENERAL LANDSCAPING FOR UNKEMPT PRIVATE PROPERTIES FOR THE CITY OF ROCKY RIVER FOR A PERIOD OF ONE (1) YEAR NOT TO EXCEED $17,000.00 PER YEAR
1ST READING
Moved by Mr. Hagan, seconded by Mrs. Bartolozzi, that the rule requiring that Ordinance No. 82-04 be read on three separate days be suspended, and that Ordinance No. 82-04 be placed upon its passage:
Discussion: With the amount of rain this year, grass is growing rapidly and needs cutting at certain places, mostly properties owned by absentee landlords. This should be addressed immediately-to hold it for three readings would be a disservice 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. Hagan, seconded by Mr. Gollinger, that Ordinance No. 82-04 be passed as read:
Discussion: When first bid, Mr. Linden felt they were high, so they were rebid. This time the bids were more reasonable. Under the contract, the City will control the time of the cutting. Mr. Linden has investigated, and this company has done this type of work before. There will be no cost to the City. Our crews are too busy to perform the work.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye Bobst - aye
7 ayes 0 nays PASSED
ORDINANCE NO. 83-04 BY BRIAN F. HAGAN
AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE AN ESTIMATED 4,350 TONS OF SALT FOR THE SERVICE DEPARTMENT UNDER THE STATE COOPERATIVE PURCHASING ACT, CONTRACT 18 FROM THE STATE-APPROVED VENDOR
1ST READING
Moved by Mr. Hagan, seconded by Mr. Hurtuk, that the rule requiring that Ordinance No. 83-04 be read on three separate days be suspended, and that Ordinance No. 83-04 be placed upon its passage:
Discussion: Although it seems early to be talking about road salt, Mr. Linden advises that it is time to get in line for this annual purchase so that we may participate in the State plan.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye Bobst - aye
7 ayes 0 nays PASSED
Moved by Mr. Hagan, seconded by Mrs. Bartolozzi, that Ordinance No. 83-04 be passed as read:
Discussion: The notification came recently that the State is accepting participants in its annual road salt purchasing program, and Mr. Linden wishes to be certain that we are prepared.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye Bobst - aye
7 ayes 0 nays PASSED
ORDINANCE NO. 84-04 BY EARL W. POTTERFIELD
AN EMERGENCY ORDINANCE AMENDING SECTION 1151.03 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, ENTITLED "OFFICE BUILDING DISTRICT", AND AS FURTHER DESCRIBED IN EXHIBIT "A"
1ST READING
Mr. Potterfield stated that this ordinance along with the three that follow will be referred to the Planning, Zoning and Economic Development Committee for further discussion. After any changes recommended by the committee are made, it will be referred to the Planning Commission for review. It was decided to set a meeting of that committee for discussion of that topic for June 28.
ORDINANCE NO. 85-04 BY EARL W. POTTERFIELD
AN EMERGENCY ORDINANCE AMENDING SECTION 1151.04 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, ENTITLED "LOCAL BUSINESS DISTRICT", AND AS FURTHER DESCRIBED IN EXHIBIT "A"
1ST READING
See discussion for Ordinance No. 84-04.
ORDINANCE NO. 86-04 BY EARL W. POTTERFIELD
AN EMERGENCY ORDINANCE AMENDING SECTION 1151.05 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, ENTITLED "GENERAL BUSINESS DISTRICT", AND AS FURTHER DESCRIBED IN EXHIBIT "A"
1ST READING
See discussion for Ordinance No. 84-04.
ORDINANCE NO. 87-04 BY EARL W. POTTERFIELD
AN EMERGENCY ORDINANCE ADDING SECTION 1151.07 TO CHAPTER 1151 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, ENTITLED "DRIVE-THROUGH SERVICE BUSINESSES" AND AS FURTHER DESCRIBED IN EXHIBIT "A"
1ST READING
See discussion for Ordinance No. 84-04.
ORDINANCE NO. 88-04 BY BRIAN A. HURTUK
AN EMERGENCY ORDINANCE AUTHORIZING THE REIMBURSEMENT FOR EXPENSES ACCRUED FOR THE HILLIARD BOULEVARD IMPROVEMENT IN THE AMOUNT NOT TO EXCEED $550,000.00
1ST READING
Moved by Mr. Hurtuk, seconded by Mrs. Bartolozzi, that the rule requiring that Ordinance No. 88-04 be read on three separate days be suspended, and that Ordinance No. 88-04 be placed upon its passage:
Discussion: This is similar to the ordinance previously passed to have the ability to incorporate this amount into tax-free bonds or notes.
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. 88-04 be passed as read:
Discussion: Mayor Knoble commented on the amount, stating that the original estimate was $600,000 for our portion of the project. When the percentages were added up, our share totals $498,000 and the balance is added as a contingency.
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. 78-04 BY BRIAN F. HAGAN
AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO ENTER INTO A THREE (3) YEAR CONTRACT WITH ARROW UNIFORM FOR THE RENTAL OF WORK UNIFORMS FOR THE ROCKY RIVER WASTEWATER TREATMENT PLANT AT $3.08 FOR ELEVEN (11) CHANGES OF UNIFORM PER EMPLOYEE AND $1.98 FOR ELEVEN UNIFORM WASH CHARGES TO TOTAL A COST NOT TO EXCEED $5.06/UNIFORM PER WEEK FOR POLYESTER OR COTTON UNIFORMS
1ST READING
This was reviewed at the last Committee-of-the-Whole. This provider is less expensive overall.
ORDINANCE NO. 80-04 BY BRIAN F. HAGAN
AN EMERGENCY RESOLUTION AFFIRMING EMPLOYMENT OF CALFEE, HALTER & GRISWOLD, ATTORNEYS AT LAW AS COUNSEL
1ST READING
This is an on-going arrangement with this firm to act as our bond counsel.
ORDINANCE NO. 81-04 BY FRANK B. GOLLINGER
AN EMERGENCY ORDINANCE APPROVING THE CONSTRUCTION OF AN EROSION CONTROL FACILITY LOCATED WITHIN A LAKE ERIE SUBMERGED LAND LEASE ADJACENT TO PERMANENT PARCEL NO. 302-07-010 AT THE NORTH END OF PARKLAWN DRIVE, ROCKY RIVER, OHIO
1ST READING
This also was discussed at the Committee-of-the-Whole. The Beach Cliff Board of Trustees wished to enhance its seawall, and the ODNR requires this document. It has been reviewed by Mr. Lesiecki and Mr. Matty. There will be no cost to the City.
Moved by Mrs. Bobst, seconded by Mr. Hagan, that the rule requiring that Ordinances No. 78-04, 80-04, and 81-04 be read on three separate days be suspended, and that those ordinances 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 be passed as read:
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye Bobst - aye
7 ayes 0 nays PASSED
MOTION:
Moved by Mrs. Bobst, seconded by Mr. Hurtuk, that at the request of the Mayor and at the request of the Law Director, an Executive Session be held immediately following the meeting for a conference concerning three 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
MISCELLANEOUS BUSINESS:
Mayor Knoble reminded everyone about the Memorial Day Parade which will assemble at the high school and begin at 10:30 a.m., proceeding to Lakewood Park Cemetery.
Mr. Gollinger indicated that he had received a communication from ODOT explaining that a property owner on Purnell has requested that the noise barrier be moved within the State's fence. The State agrees, and there will be no additional cost, but it will require the signatures of all property owners involved. The Administration is pursuing the matter.
Mr. Potterfield raised the matter discussed at the last meeting of the tabled request before the BZA to store propane outdoors. He has polled Council members and the results show that at this point in a busy schedule, no members have indicated an interest in pursuing the matter. In that event, the BZA will consider the request under current ordinances.
AUDIENCE PARTICIPATION:
Fred I. Sokol, 20021 Parkview, spoke on two matters: first, he wished Mr. Frost a safe and prosperous trip to Europe.
Secondly, he wrote a letter regarding the fire pumper truck. He questioned the political process when he asked City Council for a fuller explanation and wonders why it was not given. He then read a new letter calling for investigation of the Council. (Exhibit "B")
Brian Ruic, 20358 Westover, commented that he had heard from his wife that the water had not yet been restored.
The meeting was adjourned at 10:02 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 24, 2004. These minutes may be amended or revised at the next Legislative Meeting.
DRAFT
CITY OF ROCKY RIVER
MAY 24, 2004
PUBLIC HEARING
AMENDED ORDINANCE NO. 46-04
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"
ORDINANCE NO. 59-04
AN ORDINANCE TO CHANGE THE DISTRICT CLASSIFICATION OF
CERTAIN REAL PROPERTY KNOWN AS AUDITOR'S PERMANENT
PARCEL NOS. 303-18-038 & 303-19-040 FROM ITS PRESENT
CLASSIFICATION OF APARTMENT (R-4) TO MULTI-FAMILY
RESIDENTIAL TOWNHOUSE (TH-R3C) IN ITS ENTIRETY AS FURTHER
DESCRIBED IN EXHIBIT "A"
The Public Hearing for Amended Ordinance No. 46-04 and Ordinance No. 59-04 was opened by Mrs. Bobst, President of Council at 8:02 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
Law Director: Mr. Matty
Press: Ms. McKenzie, Mr. White
Mrs. Bobst called upon Mr. Potterfield, Chairman of Council's Planning and Zoning Committee. Mr. Potterfield noted that Amended Ordinance No. 46-02 and Ordinance No. 59-03 had been read twice and reviewed by Council. They have also been referred to the Planning Commission, reviewed and recommended. The proposed rezonings would change all of the properties to TH-R3C, multi-family residential townhouse.
Mr. Potterfield then recognized John Chandler, who requested the rezoning and expects to submit a proposal to the City for a townhouse development if the rezoning is passed.
Mr. John Chandler, of Chandler, Inc. has met with the City for three months relative to the three parcels under consideration. It was decided that it would be best to rezone all three to one classification which would create ownership with a townhouse development.
AUDIENCE PARTICIPATION:
Aline Isvarin, 22115 Cottonwood, asked about the nine-suite building at 22131 River Oaks, wondering if it would remain if the rezoning passes.
Ms. Isvarin wondered if that would mean more traffic. She added that she thought that Chandler did very nice work.
Patricia Wielinski, 22011 River Oaks, lives in the Golden Oaks Condominiums. She is concerned about the impact of development of the sewer system and drains. She has heard that 41 units will be built, six buildings of 6 units and 5 ranches.
Mrs. Bobst pointed out that the capacity of the City's infrastructure to support new development is an important question. At this time, Council is trying not to consider these issues, but rather to focus on the rezonings. Projects not finalized could change, and the City is not ready for this step as yet. More work is needed if this rezoning should pass.
Mr. Potterfield observed that most of these issues would be addressed by the Planning Commission and the Design and Construction Board of Review.
Ms. Wielinski asked if the proposed development would result in an increase in traffic. If the entrance is through River Oaks what would be the impact on traffic in terms of volume.
Ms. Wielinski then asked about the environment. The trees that exist now act as a buffer and she stated that she would hate to lose them.
Ms. Isvarin interjected a question on Mr. Chandler's current development on East Asplin.
Ted Miskoe, 2737 E. Asplin, commented on the sewers going to the west.
Mr. Potterfield mentioned that there is a sewer interceptor halfway down E. Asplin and the rezoning will be east of Spencer Creek.
As there were no further comments from the audience or from members of Council, the Public Hearing was closed by Mrs. Bobst at 8:21 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 Public Hearing of May 24, 2004. These minutes may be amended or revised at the next Legislative Meeting.
DRAFT
CITY OF ROCKY RIVER
May 24, 2004
Contracts - Government and Judicial Committee
The meeting of the Contracts - Government and Judicial Committee was called to order by the Chairman, Mr. Hagan, at 7:00 p.m. in the Committee Room.
Contracts - Government and Judicial Committee Members Present:
Mr. Hagan, Mrs. Bobst, Mr. Frost
Council members present: Mr. Gollinger, Mr. Potterfield, Mrs. Bartolozzi
Administration: Kory Koran
Law Director: Not required
Mr. Hagan opened the meeting, called to discuss procedures for the sale or disposal of City property, by explaining that there are two avenues by which this can be accomplished.
Mr. Hagan indicated that the question for the committee to discuss and review is whether to recommend to Council the adoption of a procedure for any sale which defines the method, or whether it should pursue a procedure dealing with the process on a piece by piece basis as issues arise. At present, there is nothing in the Code on this subject. He has spoken to the Law Director, and reported that Mr. Matty's recommendation is to adopt a "game plan" to follow, whether it is the procedure in Euclid or another city.
Mr. Koran, the City's Economic and Community Development Director, commented upon the value of having an ordinance in place which outlines procedures. Such an ordinance would always give the Council the authority to decide which procedure it should follow. The ordinance would not specify exactly which one, but would give alternatives. Council always makes the final decision. Currently, the City follows the Ohio Revised Code (ORC) which specifies that the property be sold to the highest bidder. Ordinances in Euclid and Fairview Park establish several ways to sell property:
Mr. Hagan noted that now, there is no room for negotiations. If the City adopts an ordinance similar to Euclid's, then if Council decided to sell a property, it could negotiate conditions and price.
Mrs. Bobst pointed out that what is important is that in the RFP system, the City has the opportunity to evaluate the short-term and long-term impacts and gains. The highest initial price may not be in the best interests of the City because another development may be more desirable and include added future revenue. The City would also have the ability to enter into development agreements so that a developer is bound in a contractual agreement to fulfill his proposal.
Mr. Koran indicated that typically, an RFP becomes the framework for a development agreement.
Mr. Gollinger reminded Committee members that they should not lose sight of the option to deny all bids; that a property need not be awarded to any bidder, but could be re-bid at another time.
Mr. Potterfield agreed, saying that the City could reject all bids. He referred to wording in the Euclid ordinance which specifies this. Mrs. Bobst also mentioned the language of the ordinance, specifically "blight", and Mr. Koran observed that the Euclid ordinance dates from 1980 and would require updating. He recommended, however, including the provisions allowing sale to contiguous owners at the appraised value.
Mrs. Bobst commented that one of the best aspects of the codified ordinance is the control which can be exerted by Council; the property may be sold to the highest bidder, or not. There are alternatives not present now.
Mr. Frost raised the possibility of accepting proposals and then soliciting bids. Projects can be fine-tuned and then the highest price for the property accepted.
Mrs. Bobst indicated that the evaluation protocol outlining the procedure to be followed should include as much objective criteria as possible, such as who will review proposals.
Mr. Hagan favors the codification plan because Council is in control, but it is more flexible. His question is if the Law Director will draft the ordinance, based loosely on the Euclid ordinance, but not verbatim. A 1980 ordinance would not necessarily be appropriate for the needs of our City. He suggested that after drafting, the committee reconvene to discuss the draft and suggest matters for fine tuning. He is in favor of codification.
Mr. Gollinger raised the question of why our procedure is the way it is. He wondered if it has worked in the past and whether a change could have an impact on the Administrative branch. He asked Mr. Koran if Euclid has a strong mayor form of government. Mr. Koran responded that it does. Mr. Koran also pointed out that if the City has a more flexible ordinance on how to sell, it may change how it buys, and what it buys. If there is flexibility in selling, Council may not be discouraged from buying property.
Mrs. Bobst asked if there is a current requirement to hold a public hearing and have three readings in the sale of public property. She suggested that a more flexible system might also benefit a developer.
Mr. Frost questioned the $5000 value to be covered by the codified ordinance. Mr. Koran suggested the possibility of using the $15,000 figure which is used for purchases without ordinance. Responding to another question, he described the formal process of opening bids in Euclid which is done by the Board of Control. In our City, it was suggested that a core group be named with help from additional persons with required expertise on any particular property.
Mrs. Bobst asked if the opening would be in front of other developers. Mr. Koran explained that in the sale of City property, any bid or proposal submitted would be a public document.
MOTION:
Moved by Mr. Frost, seconded by Mrs. Bobst, that the Law Director be requested to draft an ordinance relative to the disposal or sale of municipal property.
Vote: Hagan - aye Bobst - aye Frost - aye
3 ayes 0 nays PASSED
There was no further discussion from Council, and the meeting was adjourned at 7:36 p.m.
_______________________________ _______________________________
Brian F. Hagan, Chairman Misao Kurokawa
Contracts-Government and Judicial Committee Clerk of Council
Please note: This is a draft copy of the minutes of the meeting of the Contracts-Government and Judicial Committee of May 24, 2004. These minutes may be amended or revised at the next Legislative Meeting.