DRAFT
CITY OF ROCKY RIVER
JUNE 13, 2005
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, Mrs. Bartolozzi,
Mr. Hagan, Mrs. Bobst
Absent: Mr. Hurtuk
Administration: Mayor Knoble, Mr. Linden, Mr. Thomas
Law Director: Mr. Matty
Press: Ms. Bracken, Mr. Dzurick, Mrs. McKenzie
The meeting was opened with the Pledge of Allegiance. Mrs. Bobst noted that the meeting was being recorded by a resident.
MOTION:
Moved by Mrs. Bobst, seconded by Mr. Gollinger, that the reading of the minutes of the Legislative Meeting and Executive Session of May 23 and the meeting of the Committee-of-the-Whole of June 6 be waived and that the minutes be accepted as submitted.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Bartolozzi - aye Hagan - aye Bobst - aye
6 ayes 0 nays PASSED
Moved by Mr. Frost, seconded by Mrs. Bartolozzi and Mr. Gollinger, that the reading of the minutes of the meeting of the Safety Committee of May 2 be waived, and that the minutes be accepted as submitted.
Vote: Frost - aye Bartolozzi - aye Hagan - aye Gollinger - aye
4 ayes 0 nays PASSED
MAYOR'S REPORT:
Friday's storm produced a rainfall of .93" in 38 minutes as recorded at the WWTP. As of 9:00 a.m. this morning, however, there were no reports of basement flooding in the City. The Mayor was pleased to report that this was evidence that the projects undertaken to address this problem are succeeding.
The Mayor reported that the biggest news in the City concerned the outdoor pool which opened on Saturday for approximately 800 people. Another 1000 residents were in attendance on Sunday. As of noon today, 650 season passes have been sold representing 1763 people. Last year, 790 passes representing 1861 people were sold for the entire season. Concession sales were more than double last year's average. The Mayor stressed the fact that the pool is currently in shakedown mode with minor difficulties still being ironed out. He also noted that, as planned, the restrooms and changing areas were not completely renovated. He was pleased to see that all areas were enjoyed by all ages. The grand opening remains this Saturday, June 18 at 9:30 p.m. At this time the winner of the pool naming contest will be announced.
Beachcliff Market Square will hold its groundbreaking ceremony this Wednesday at 2:00 p.m. in the south lot of the center.
This Friday, the 90+ Senior Luncheon will be held at the Senior Center.
The Mayor distributed to Council members a summary of Charter millage in real property taxes.
He also distributed a letter received from Katie Rutt urging action to ban smoking in public areas.
(Exhibit "A")
LAW DIRECTOR'S REPORT:
During the past week, Mr. Matty received notification that an appeal has been filed in the case of Savoca v. City of Rocky River in which the City was granted a summary judgment by the trial court. The City will respond appropriately, and the Law Director will keep Council informed about the status of the case.
The case of Christopher Deibel v. the County, Fabrizi Construction and the City being heard in the court of Judge Timothy McMonagle has been settled. Mr. Matty will bring the agreement to Council for approval. Under the terms of the settlement, the County will contribute $15,300; Fabrizi Construction $6300; and the City, $3300.
This past week, Mr. Matty was also notified by the Bureau of Workers' Compensation (BWC) that the City has been approved for another employee handicap claim reimbursement, the third this year. In this case, the City has been granted a 35% reimbursement.
A meeting will be held in the office of Rep. Dennis Kucinich regarding the quiet zone rule at the end of this month. Work on this project has been ongoing for ten years. At this meeting, the federal rule will be discussed. Mr. Matty will attend and keep Council up-to-date.
COMMITTEE REPORTS: NONE
COMMUNICATIONS AND ANNOUNCEMENTS:
Mrs. Bobst has received an e-mail from Mr. Gary Biller opposing Ordinance No. 74-05. (Exhibit "B")
A residential recycling report has been received from the Cuyahoga County Solid Waste District and distributed to Council.
Correspondence has been received from Mr. Bart Rippl, 30628 Detroit Rd, #140, Westlake, concerning the Rocky River Municipal Court. (Exhibit "C")
Mr. Potterfield announced that the meeting of the Planning, Zoning and Economic Development Committee to be held on Tuesday morning must be rescheduled. It was determined that, if the Building Commissioner is free to attend, the meeting will be held at 7:00 p.m. on Monday, June 20 immediately before the meeting of the Committee-of-the-Whole. The agenda will remain the same.
There were no requests from Council members for changes to the Consent Agenda.
AUDIENCE PARTICIPATION:
Brian Ruic, 20358 Westover, spoke on Ordinance No. 74-05. He said that as a resident with five cars, he was opposed to the license tax which would be approved by this ordinance. He said that taxes and fees increase, and it is "always just a little bit". He finds these small increases annoying. He also asked about Ordinance No. 86-05, specifically about area, yard and height requirements. In his area, an undeveloped lot is currently for sale, and it is 45x140. Since the minimum for residential building is 10,000 sq. ft, he wondered if this lot is permanently unbuildable. This lot is next to a lot containing a dwelling, but the two are being sold separately.
Fred I Sokol, 20021 Parkview, also speaking on Ordinance 74-05 asserted that he wished to be on the record as against this ordinance. He said that most residents favor tax increases when the government shows that it needs money. In this case, he said that he does not see the need.
RESOLUTION NO. 133-04 BY EARL W. POTTERFIELD
A RESOLUTION ADOPTING A COMPREHENSIVE GENERAL PLAN KNOWN AS THE ROCKY RIVER MASTER PLAN
The Master Plan has been reviewed by the Planning Commission. Mr. Potterfield is now awaiting the approved minutes of their meeting.
ORDINANCE NO. 40-05 BY EARL W. POTTERFIELD
AN EMERGENCY ORDINANCE AMENDING SECTION 1143.03 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, ENTITLED "SCHEDULE OF AREA, YARD AND HEIGHT REQUIREMENTS", AND AS FURTHER DESCRIBED IN EXHIBIT "A"
Mr. Potterfield noted that this ordinance is also under consideration by the Planning Commission, and the same situation prevails, i.e. he is waiting for approved minutes. The topic will then be discussed by the Planning, Zoning and Economic Development Committee.
ORDINANCE NO. 70-05 BY BRIAN A. HURTUK
AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF FINANCE TO PAY THE CITY OF CLEVELAND, DIVISION OF WATER FOR WATER METER READINGS NEEDED BY THE CITY OF ROCKY RIVER IN THE AMOUNT OF $19,355.36
Mr. Thomas indicated that no answers have been received to Council's queries of the Cleveland Department of Water. He is currently in the process of collecting information from neighboring communities.
ORDINANCE NO. 74-05 BY BRIAN A. HURTUK
AN ORDINANCE AUTHORIZING THE MUNICIPAL MOTOR VEHICLE LICENSE TAX PURSUANT TO OHIO REVISED CODE SECTION 4504.172
3RD READING
Moved by Mrs. Bobst, seconded by Mr. Hagan and Mr. Gollinger, that Ordinance No. 74-05 be postponed indefinitely.
Discussion: Mrs. Bobst expressed her appreciation to the Mayor for bringing this issue to Council. She noted that he is always looking ways to provide more and better services to residents. This issue will be reviewed in the context of the formulation of the budget in January. She further noted that several communities in our area do levy the tax and set aside the funds for repair and maintenance of roads. For now, Council members may feel that it is better that it be postponed indefinitely.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Bartolozzi - aye Hagan - aye Bobst - aye
6 ayes 0 nays PASSED
ORDINANCE NO. 82-05 BY BRIAN F. HAGAN
AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO APPROVE CHANGE ORDERS FOR DIGIOIA-SUBURBAN EXCAVATING, LLC FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE ORCHARD PARK/BATES ROAD AREA WATERLINE IMPROVEMENTS PROJECT IN AN AMOUNT NOT TO EXCEED $99,850.41
2ND READING
Moved by Mr. Hagan, seconded by Mr. Gollinger, that the rule requiring that Ordinance No. 82-05 be read on three separate days be suspended, and that Ordinance No. 82-05 be placed upon its passage:
Discussion: Mr. Hagan explained that the work covered in these change orders has been completed, so there is no just cause for delay.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Bartolozzi - aye Hagan - aye Bobst - aye
6 ayes 0 nays PASSED
Moved by Mr. Hagan, seconded by Mrs. Bartolozzi, that Ordinance No. 82-05 be passed as read:
Discussion: Mr. Hagan commented that the City has been living with this project for a year and five months. Another ordinance for completion of road work will be forthcoming, however, this ordinance should be passed.
Mr. Matty commented that some subcontracting punch list work has been completed. DiGioia Suburban's work is not entirely complete and a retainer will still be held. This ordinance is for work that has been determined to be completed by the former engineer and City-hired inspection firm.
Mayor Knoble added that this ordinance in no way restricts the City from recovering funds paid for items done incorrectly or otherwise not satisfactorily.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Bartolozzi - aye Hagan - aye Bobst - aye
6 ayes 0 nays PASSED
ORDINANCES AND RESOLUTIONS UNDER CONSENT:
ORDINANCE NO. 83-05 BY LINDA S. BARTOLOZZI
AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO ENTER INTO A CONTRACT FOR THE PURCHASE OF ONE (1) 75-CUBIC YARD TRANSFER TRAILER FROM REFUSE EQUIPMENT AND TRUCK SERVICE INC. AT A TOTAL NET COST NOT TO EXCEED $52,447.00
1ST READING
Mrs. Bartolozzi explained that this is a planned purchase which was discussed during the budget process. The cost is $3000 less than anticipated.
ORDINANCE NO. 84-05 BY BRIAN F. HAGAN
AN EMERGENCY ORDINANCE AMENDING SECTION 123.05 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, ENTITLED "SALE OR LEASE OF MUNICIPAL REAL PROPERTY", AND AS FURTHER DESCRIBED IN EXHIBIT "A"
1ST READING
Mr. Hagan noted that this ordinance will allow the Mayor or his representative to negotiate the placement of a cell tower on the City's property.
Moved by Mrs. Bobst, seconded by Mr. Potterfield, that the rule requiring that the ordinances on the Consent Agenda be read on three separate days be suspended, and that the stated ordinances be placed upon their passage:
Vote: Gollinger - aye Potterfield - aye Frost - aye
Bartolozzi - aye Hagan - aye Bobst - aye
6 ayes 0 nays PASSED
Moved by Mrs. Bobst, seconded by Mrs. Bartolozzi, that the stated ordinances be passed as read:
Vote: Gollinger - aye Potterfield - aye Frost - aye
Bartolozzi - aye Hagan - aye Bobst - aye
6 ayes 0 nays PASSED
ORDINANCE NO. 85-05 BY PAMELA E. BOBST
AN EMERGENCY ORDINANCE AMENDING SECTION 951.01 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, ENTITLED "CITY SWIMMING POOL", AND AS FURTHER DESCRIBED IN THE ATTACHED EXHIBIT "A"
1ST READING
Moved by Mrs. Bobst, seconded by Mr. Potterfield, that the rule requiring that Ordinance No. 85-05 be read on three separate days be suspended, and that Ordinance No. 85-05 be placed upon its passage:
Discussion: Since the pool is up and running, Mrs. Bobst explained that this housekeeping ordinance is necessary. It has been stated in the Parks and Recreation Commission meeting minutes as well as those of Council, that no non-residents except those who purchased passes last year would be eligible to purchase passes this year. Those who did will be grandfathered under the terms of this ordinance.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Bartolozzi - aye Hagan - aye Bobst - aye
6 ayes 0 nays PASSED
Moved by Mrs. Bobst, seconded by Mrs. Bartolozzi, that Ordinance No. 85-05 be passed as read:
Discussion: This ordinance will place the discussed change in the Codified Ordinances.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Bartolozzi - aye Hagan - aye Bobst - aye
6 ayes 0 nays PASSED
ORDINANCE NO. 86-05 BY EARL W. POTTERFIELD
AN EMERGENCY ORDINANCE AMENDING SECTION 1143.03, ENTITLED "SCHEDULE OF AREA, YARD AND HEIGHT REQUIREMENTS", OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, AND AS FURTHER DESCRIBED IN EXHIBIT "A"
1ST READING
Mr. Potterfield noted that following this first reading, the ordinance will be referred to the Planning Commission for further discussion.
MISCELLANEOUS BUSINESS: NONE
AUDIENCE PARTICIPATION:
Erika Pilisy, 3167 Linden Road, thanked the Administration and Council, particularly the Mayor and Mr. Hagan, for their support of the meeting held Thursday to discuss WalMart. She said that it made her proud to be part of the Rocky River community.
Fred I. Sokol, 20021 Parkview proposed an idea given to him by a friend to help defray the costs encountered by parents with children in the City's recreation program. He suggested that corporate sponsors be found to underwrite the program and save money for parents.
Brian Ruic, 20358 Westover, disagreed with Mr. Sokol. He noted that in the beginning programs, youngsters have widely varying abilities. In an unsponsored City program, all youngsters are given an equal opportunity to play. With a sponsor, however, the emphasis shifts to having a winning team. Therefore, in the early years, he favors rules that permit everyone equal time on the field or ice.
As there was no further business by members of Council, the meeting was adjourned at 8:48 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 June 13, 2005. These minutes may be revised or amended at the next Legislative Meeting.