DRAFT
CITY OF ROCKY RIVER
JUNE 27, 2005
Regular meeting of Council was called to order 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, Mr. Thomas
Law Director: Mr. Matty
The meeting was opened with the Pledge of Allegiance. 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 of June 13 and the meeting of the Committee-of-the-Whole of June 20 be waived and that the minutes be accepted as submitted.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - abstain Bartolozzi - aye Hagan - abstain
Bobst - aye
5 ayes 0 nays 2 abstentions PASSED
MAYOR'S REPORT:
The Mayor has received calls from residents about the house at the corner of Northview and Westway which is being sold by HUD. Some residents have confused HUD with CMHA housing and other entities, when in fact, HUD had taken over the home because of a mortgage foreclosure. This is not a public housing agency. Further, the house has been resold.
The Mayor submitted a moral claim on behalf of Ms. Pam Ghaster who requested that her claim be reviewed by Council. Because of a raccoon on her property (which may have been ill or healthy), Ms. Ghaster attempted to contact the Animal Control Officer. The call was received outside his working hours, and the City's traps were all in use by other residents. Rather than call back the next morning, the resident chose to call a wildlife control firm. She has submitted the bill and would like the City to pay for the call. Mrs. Bobst noted that the cost was $200.
Tomorrow morning the audit exit conference will be held. This is not an open meeting under the State code. Invitees will meet at 9:00 a.m. tomorrow morning.
A letter has been sent to property owners and tenants announcing a Yacht Club Basin meeting on July 12 at 8:00 p.m. At this meeting, plans for the Riverdale/Yacht Club turn will be discussed including sidewalks and other issues discussed by Council recently.
Final arrangements have been completed for placing the Rocky River City Employee Handbook on the City's website. Also to be posted will be job openings except for contractual delays e.g. Recreation will post immediately; Service, as enumerated in their contract, will post first internally, then on the website.
The Mayor is closely monitoring pool activity, and everything seems to be running smoothly. Already attendance is more than half of last year's total, with almost 1000 visitors per day.
A very preliminary sketch for the Don Umerley Civic Center expansion has been prepared by Brandstetter Carroll. There are a few variations from the original plan prepared by City Architecture.
COMMITTEE REPORTS: NONE
COMMUNICATIONS AND ANNOUNCEMENTS: NONE
There were no requests from Council members for changes to the Consent Agenda.
AUDIENCE PARTICIPATION: NONE
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 indicated that his committee has concluded its discussion of the 8 areas recommended by the Commission and will shortly schedule a meeting in July so that the committee can formulate an overview of the Plan and its conclusions.
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"
2ND READING
Mr. Potterfield noted that this ordinance also has been reviewed by the Planning Commission and discussed by the Planning, Zoning and Economic Development Committee. The committee voted to recommend this ordinance for passage. Mr. Potterfield plans to call for a vote in July.
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. Hurtuk indicated that this ordinance will remain on hold pending requests for further information.
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"
This ordinance has been referred to the Planning Commission and Mr. Potterfield indicated that he is waiting for their recommendations.
ORDINANCE NO. 89-05 BY ROBERT S. FROST
AN EMERGENCY ORDINANCE AMENDING APPENDIX A OF PART THREE OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER ENTITLED "PROHIBITED RIGHT TURNS ON RED", AND AS FURTHER DESCRIBED IN THE ATTACHED EXHIBIT "A"
1ST READING
Moved by Mr. Frost, seconded by Mr. Gollinger that the rule requiring that Ordinance No. 89-05 be read on three separate days be suspended, and that Ordinance No. 89-05 be placed upon its passage:
Discussion: Mr. Frost stated that passage of this ordinance is a matter of safety. He has concerns: one is that with the pool open and popular, many youngsters are on bikes and walking in the area. He feels that passage should not be delayed.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
Bobst - aye
7 ayes 0 nays PASSED
Moved by Mr. Frost, seconded by Mr. Gollinger and Mrs. Bartolozzi, that Ordinance No. 89-05 be passed as read:
Discussion: The current regulations read that there is no turn on red during school hours. This would change it to prohibit a turn on red at any time. His two concerns: heavy bicycle traffic, and near accidents have occurred with traffic leaving the apartment buildings. He also has had complaints from the apartment dwellers that exiting the driveway is difficult because of the right turns from Westway onto Wagar.
Mr. Gollinger agreed that the logistics of the two driveways and their proximity to the intersection makes turns inadvisable.
Mrs. Bartolozzi added that the field of vision with the bridge there is very poor. It is difficult to see oncoming traffic without going into the intersection.
Mayor Knoble indicated that the Administration had no opinion on this issue. He has had only one call. As to the two bike accidents at the intersection, both bikers were going against traffic. He suggested that with today's gas situation, Council might consider allowing turns hours outside periods of heavy use, i.e. after pool hours, at night and early morning. In this way, gas would not be wasted sitting at an intersection when no traffic is coming. He proposed that Council consider this issue on a future agenda.
Mr. Hagan has received no calls, but has had several calls during the school year concerning left turns for north and south bound traffic and suggesting an arrow might relieve the bottleneck.
Mrs. Bartolozzi agreed that the intersection can be chaotic.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
Bobst - aye
7 ayes 0 nays PASSED
RESOLUTION NO. 90-05 BY MAYOR KNOBLE, LAW DIRECTOR MATTY
AND ALL MEMBERS OF COUNCIL
A RESOLUTION URGING THE UNITED STATES BASE CLOSURE AND REALIGNMENT COMMISSION TO RETAIN 1,028 FEDERAL DEFENSE JOBS AT THE DEFENSE FINANCE AND ACCOUNTING SERVICE IN CLEVELAND
1ST READING
Moved by Mrs. Bobst, seconded by Mr. Hurtuk and Mr. Hagan, that the rule requiring that Resolution No. 90-05 be read on three separate days be suspended, and that Resolution No. 90-05 be placed upon its passage:
Discussion: This resolution was discussed at the last Committee-of-the-Whole. It is part of an effort to save over 1000 downtown jobs and is extremely important. The Council would like to present this resolution, with many others, to show their support for the effort to save an important part of the local economy.
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 Resolution No. 90-05 be passed as read:
Discussion: Mrs. Bobst emphasized that the importance of this legislation cannot be overstated. At stake is an annual payroll of over $65 million which is a vital part of the economy. On a local level, several residents are employed by the center.
Mr. Gollinger added that, ironically, this office is very well-run. Several dedicated residents are employed there and he was hopeful that the issue will be revisited.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
Bobst - aye
7 ayes 0 nays PASSED
ORDINANCE NO. 91-05 BY EARL W. POTTERFIELD
AN EMERGENCY ORDINANCE AMENDING SECTION 1141.04(a)(1) OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER ENTITLED "GARAGE AND PARKING FACILITIES (STANDARD)", AND AS FURTHER DESCRIBED IN EXHIBIT "A"
1ST READING
Mr. Potterfield explained that this group of ordinances, from Ordinance No. 91-05 through 99-05 were the result of suggestions given to Council by the Building Department for changes to the Code. Mr. Potterfield intends to have three readings to allow for public input on all of these ordinances.
This ordinance will be referred to the Planning Commission.
ORDINANCE NO. 92-05 BY EARL W. POTTERFIELD
AN EMERGENCY ORDINANCE AMENDING SECTION 1141.04(b)(8) OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER ENTITLED "YARD LANDSCAPE FEATURES (STANDARD)", AND AS FURTHER DESCRIBED IN EXHIBIT "A"
1ST READING
See discussion for Ordinance No. 91-05.
ORDINANCE NO. 93-05 BY EARL W. POTTERFIELD
AN EMERGENCY ORDINANCE AMENDING SECTION 1151.05(a)(2)B4 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. 91-05.
ORDINANCE NO. 94-05 BY EARL W. POTTERFIELD
AN EMERGENCY ORDINANCE AMENDING SECTION 1179.04 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, ENTITLED "AUTOMOTIVE USES", AND AS FURTHER DESCRIBED IN EXHIBIT "A"
1ST READING
See discussion for Ordinance No. 91-05.
ORDINANCE NO. 95-05 BY EARL W. POTTERFIELD
AN EMERGENCY ORDINANCE AMENDING SECTION 1181.04 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, ENTITLED "ENFORCEMENT", AND AS FURTHER DESCRIBED IN EXHIBIT "A"
1ST READING
See discussion for Ordinance No. 91-05.
ORDINANCE NO. 96-05 BY EARL W. POTTERFIELD
AN EMERGENCY ORDINANCE ADOPTING THE INTERNATIONAL PROPERTY MAINTENANCE CODE BY AMENDING SECTION 1370.01 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, ENTITLED "DEFINITIONS", AND AS FURTHER DESCRIBED IN EXHIBIT "A"
1ST READING
See discussion for Ordinance No. 91-05.
ORDINANCE NO. 97-05 BY EARL W. POTTERFIELD
AN EMERGENCY ORDINANCE SUBSTITUTING A NEW SECTION 1370.03 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, ENTITLED "CONFLICT WITH OTHER ORDINANCES", AND AS FURTHER DESCRIBED IN EXHIBIT "A"
1ST READING
See discussion for Ordinance No. 91-05. This ordinance will not be referred to the Planning Commission.
ORDINANCE NO. 98-05 BY EARL W. POTTERFIELD
AN EMERGENCY ORDINANCE AMENDING SECTION 1370.08 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, ENTITLED "RUBBISH AND GARBAGE STORAGE AND DISPOSAL", AND AS FURTHER DESCRIBED IN EXHIBIT "A"
1ST READING
See discussion for Ordinance No. 91-05. This ordinance will not be referred to the Planning Commission.
ORDINANCE NO. 99-05 BY EARL W. POTTERFIELD
AN EMERGENCY ORDINANCE AMENDING SECTION 1370.13OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, ENTITLED "EXTERIOR AREAS", AND AS FURTHER DESCRIBED IN EXHIBIT "A"
1ST READING
See discussion for Ordinance No. 91-05. This ordinance will not be referred to the Planning Commission.
ORDINANCES AND RESOLUTIONS UNDER CONSENT:
ORDINANCE NO. 87-05 BY BRIAN F. HAGAN
AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE JANITORIAL SUPPLIES FOR THE SECOND YEAR OF A TWO YEAR CONTRACT WITH CORPORATE EXPRESS AT A COST NOT TO EXCEED $18,000.00 PER ANNUM
1ST READING
This ordinance is an affirmation of the second year of a two-year contract and is being passed at the request of the Finance Director and the Law Director.
ORDINANCE NO. 88-05 BY BRIAN F. HAGAN
AN EMERGENCY ORDINANCE AUTHORIZING THE SAFETY-SERVICE DIRECTOR TO PURCHASE ONE (1) CAB/CHASSIS FOR A ONE TON DUMP TRUCK FOR THE SERVICE DIVISION AT A COST NOT TO EXCEED $31,311.00 FROM VALLEY FORD TRUCK SALES, INC. AND ONE (1) DUMP TRUCK BODY FROM CONCORD ROAD EQUIPMENT MANUFACTURING, INC. AT A COST NOT TO EXCEED $18,599.20 FOR A TOTAL NET COST NOT TO EXCEED $49,910.20
1ST READING
This truck will be used to plow side streets in the winter. It was included in this year's budget.
Moved by Mrs. Bobst, seconded by Mr. Potterfield and Mr. Gollinger, 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
Hurtuk - aye Bartolozzi - aye Hagan - aye
Bobst - aye
7 ayes 0 nays PASSED
Moved by Mrs. Bobst, seconded by Mrs. Bartolozzi, that Ordinances No. 87-05 and 88-05 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:
The first matter was the moral claim of Ms. Pam Ghaster of the Yacht Club basin, discussed earlier in the evening.
Moved by Mrs. Bobst, seconded by Mr. Gollinger, that City Council pay $200 to Ms. Pam Ghaster for the moral claim involving animal trapping and removing of that trap on June 14, 2005 from 359 Riverdale Drive.
Vote: Gollinger - nay Potterfield - nay Frost - nay
Hurtuk - nay Bartolozzi - nay Hagan - nay
Bobst - nay
0 ayes 7 nays DEFEATED
The Mayor also commented that the City's police officers were involved in connection with a high-speed chase this afternoon. The alleged perpetrators were being pursued by the Westlake Police Department on eastbound I-90 when just past Clague Road, they rolled over while going around a curve. Rocky River was not involved in the chase.
The next Council meeting will be on Tuesday, July 5 because of the holiday.
LAW DIRECTOR'S REPORT:
This past week, Mr. Matty was notified that in the case of Savoca v. the City of Rocky River in which the City won a summary judgment, attorneys for Mr. Savoca have filed an appeal with the 8th District Court of Appeals.
The 81st report from Norfolk-Southern Railroad has been received, showing that for the month of May, an average of 3.5 trains per day have used the track running through the City.
Last week, Mr. Matty forwarded to Dr. Allen the agreement for the proposed skateboard park. It was patterned after the turf agreement between the Board and the City and provides for a $1 annual fee for use of the tennis courts at the high school which can then be used as a skate park.
AUDIENCE PARTICIPATION:
Fred I. Sokol, 20021 Parkview spoke the Supreme Court's recent decision to allow the use of eminent domain to buy private property for private interests in order to upgrade a neighborhood. In assessing the meaning of that decision for Rocky River, Mr. Sokol urged Council to pass a resolution stating that no property would ever be taken from a resident. He closed by saying that less government is good government.
Jeanne Hoopes, 2697 Tonawanda Drive, came forward to discuss a situation in her neighborhood which involves an abandoned house at the corner of Tonawanda and Pocono. She said that except for an occasional grass mowing by the City, there has been no maintenance done on the property for some time. Because the person who owns the home has some legal problems, the home has been abandoned. She asserted that both the inside and outside have been neglected. The property is not in foreclosure. It has been fully paid for, but has more than $350,000 in liens and the property cannot be sold for enough to satisfy the liens. This property will adversely impact property values.
Brian Ruic, 20358 Westover, also commented on the recent Supreme Court ruling dealing with eminent domain for the improvement of the tax base. He felt that this is an erosion of private property rights. He recounted the history of eminent domain case law, stating that much of it has been against the home owner. He acknowledged that this City Council would never do anything against improving the quality of living for Rocky River citizens. He also favors a law or Charter amendment prohibiting any Council from taking property from private owners and moving it to another private owner.
As there was no further business by members of Council, the meeting was adjourned at 9:12 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 Legislative Meeting of June 27, 2005. These minute may be amended or revised at the next Legislative Meeting
DRAFT
CITY OF ROCKY RIVER
JUNE 27, 2005
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 David J. Cook Council Chambers.
Planning, Zoning and Economic Development Committee Members Present:
Mr. Potterfield, Mrs. Bartolozzi, Mr. Gollinger, Mr. Hurtuk
Council Members present: Mrs. Bobst
Administration: Mayor Knoble, Mr. Linden
Law Director: Mr. Matty
Mr. Potterfield opened the meeting with an announcement that a resident was recording the proceedings.
The first topic of discussion BZA Application Fees, was brought to Council's attention by a memorandum from the Building Commissioner, Kevin Beirne, in which he outlined the policies of several neighboring communities as well as fees in other communities. There was a general feeling among committee members that there should be a charge, but the question arose of whether it should cover the costs or defray costs.
Moved by Mrs. Bartolozzi, seconded by Mr. Hurtuk, that Mr. Beirne be asked for further information and his recommendation including a distinction between residential and commercial.
Vote: Potterfield - aye Bartolozzi - aye Gollinger - aye Hurtuk - aye
4 ayes 0 nays PASSED
The next topic, Ordinance No. 40-05, has been reviewed by the Planning Commission at their last meeting and recommended to Council for passage. Mr. Potterfield noted that Mr. Koran, the City's Economic and Community Development Director, has prepared a number of memoranda explaining the Administration's position.
Moved by Mr. Potterfield, seconded by Mrs. Bartolozzi and Mr. Gollinger, that the Committee recommend passage of Ordinance 40-05.
Vote: Potterfield - nay Bartolozzi - aye Gollinger - aye Hurtuk - aye
3 ayes 1 nay PASSED
The final topic for discussion was Ordinance No. 133-04, adoption of the proposed Master Plan. Mr. Potterfield recalled that at the last meeting of the committee to discuss the Master Plan, members had requested that the Planning Commission clarify their opinion on the Plan section discussing the Yacht Club Basin. The revised wording explaining their position on public access and viewing clarified their position for Mr. Potterfield, and he agreed with their position.
Moved by Mr. Potterfield, seconded by Mr. Hurtuk, that the committee recommend the position of the Planning Commission to Council for adoption.
Vote: Potterfield - aye Bartolozzi - aye Gollinger - aye Hurtuk - aye
4 ayes 0 nays PASSED
Mr. Hurtuk asked about a timeline for discussion and passage of this ordinance.
Mr. Potterfield remarked that he appreciated what the Planning Commission had done in discussing the Plan item by item with an overall conclusion. He proposed that the committee follow the their format as shown in the summary report of April 19.
The next topic to be considered was #5, Wooster Road. Mr. Potterfield indicated that he felt that the Planning Commission made some very good comments, suggesting revisions to encourage redevelopment.
Moved by Mrs. Bartolozzi, seconded by Mr. Potterfield, that the Planning Commission recommendations regarding Item 5, Wooster Road be approved by the committee.
Vote: Potterfield - aye Bartolozzi - aye Gollinger - aye Hurtuk - aye
4 ayes 0 nays PASSED
The next area was #6, Hilliard Boulevard.
Moved by Mr. Hurtuk, seconded by Mrs. Bartolozzi, that the Committee accept the Planning Commission recommendation of Item 6, Hilliard Boulevard as outlined in their memo of 4/19/05.
Vote: Potterfield - aye Bartolozzi - aye Gollinger - aye Hurtuk - aye
4 ayes 0 nays PASSED
The next topic was #7, Center Ridge Road East.
Moved by Mr. Gollinger, seconded by Mr. Hurtuk, that the Committee accept the recommendation set forth by the Planning Commission for Item 7, Center Ridge Road, the east portion, of the Master Plan as enumerated in the summary of 4/19/05.
Vote: Potterfield - aye Bartolozzi - aye Gollinger - aye Hurtuk - aye
4 ayes 0 nays PASSED
The final topic was #8, Center Ridge Road West.
Mr. Potterfield pointed out that the Planning Commission took note of excluding Pease Drive. Their recommendation was to support and enhance recreational facilities. Of continuing interest is River Oaks and how that area will be redeveloped.
Moved by Mr. Potterfield, seconded by Mr. Hurtuk, that the recommendation of the Planning Commission for Item #8, Cneter Ridge Road West be accepted by the Committee and recommended to Council.
Vote: Potterfield - aye Bartolozzi - aye Gollinger - aye Hurtuk - aye
4 ayes 0 nays PASSED
Mr. Potterfield concluded by noting that by following the Planning Commission, all sections of the proposed Master Plan had been covered. He now proposed that the Committee meet again to
formulate an overview or summary, similar to that prepared by the Planning Commission to conclude study of the topic. Because of summer schedules, he will set the date for the meeting after the holiday.
There was no further discussion from committee members, and following a motion by Mr. Potterfield, seconded by Mr. Gollinger, and a unanimous affirmative vote, the meeting was adjourned at 7:54 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 meeting of the Planning, Zoning and Economic Development Committee of June 27, 2005. These minute may be amended or revised at the next Legislative Meeting.