DRAFT

CITY OF ROCKY RIVER

JUNE 28, 2004

Regular meeting of Council was called to order by Mr. Hurtuk, President Pro Tem of Council, at 8:07 p.m.

Council Members Present: Mr. Potterfield, Mr. Frost, Mr. Hurtuk, Mrs. Bartolozzi,

Mr. Hagan

Absent: Mrs. Bobst, Mr. Gollinger

Administration: Mayor Knoble, Mr. Linden, Mr. Lesiecki, Mr. Patterson

Law Director: Mr. Matty

The meeting was opened with the Pledge of Allegiance.

Mr. Hurtuk turned to Mr. Matty who introduced Professor Harold Babbitt who had been invited to Council as requested to discuss negotiated sale v. competitive bidding in the issuance of bonds. First, he extended his good wishes to Ms. Wollenzier whom he had met for the first time many years ago.

He said that the first question asked in these discussions is which method gets the lowest interest rate. His answer is that no one knows because while there have been studies, empirical double blind market comparisons are impossible to do.

The City of Rocky River has traditionally chosen competitive bidding as do the majority of cities, possibly because no one can scold the Council for having sold on a competitive bidding basis: asking for bids, receiving bids from three or four bankers and choosing the lowest.

Negotiated sales, however, allow a municipality to set up an ongoing relationship with a bank. The bank can know the city well and assist the city and its officials in many aspects of a bond sale.

In this situation, the City has an outstanding bond issue that is a candidate for refinancing, a procedure which is not as simple as refinancing a mortgage. To see if it is the best course, more sophisticated financial analysis is necessary by an investment banker or a financial advisor. This analysis was performed for Rocky River, but it was done in March when interest rates on bonds was historically low, at 4.5%. They are now above 5% so the question is whether that is still true. That can be ascertained by a professional. Another factor is that the City is in transition from one Finance Director to another.

In this situation, he would recommend a negotiated sale, but it requires someone to see about refinancing. He indicated that a package of the renegotiated amount and the new money would save overhead, spreading it over a large issue. Under these circumstances, that would be his recommendation.

Mr. Hurtuk indicated that this year's projects are approximately $7 million to $7.1 million. Incorporating the amount to be financed which was formerly $6 million and now has an outstanding balance of about $3 million, would bring our total to $10 million or $10.1 million. This has been discussed, and he added that he would like to move quickly for the Mayor. A vote will be taken at the Committee-of-the-Whole on July 6 after which legislation can be drafted.

MOTION:

Moved by Mr. Hurtuk, seconded by Mr. Hagan, that the reading of the minutes of the Legislative Meeting of June 14 and the Committee-of-the-Whole of June 21 be waived and that the minutes be accepted as submitted.

Vote: Potterfield - aye Frost - aye Hurtuk - aye

Bartolozzi - aye Hagan - aye

5 ayes 0 nays PASSED

MAYOR'S REPORT: NONE

At this time, Mr. Hurtuk introduce Michael A. Thomas, the new Finance Director, who is making a transition to this position from his current position as Finance Director of Richmond Heights. He hopes to begin full-time employment with the City by the end of July.

LAW DIRECTOR'S REPORT: NONE

COMMITTEE REPORTS:

Planning, Zoning and Economic Development Committee: Mr. Potterfield reported that the committee had met this evening and considered three items.

• It recommended that Council move forward with Ordinance No. 100-04, Sewer tie-in fees.
• The Lake Road Development Site has been moved to Mr. Hagan's committee for review.
• Drive-throughs were discussed, and further discussion deferred until the Committee-of-the-Whole on July 6 when there will be more input from absent members.
  
  

Contracts - Government and Judicial Committee: Mr. Hagan reported that his committee will meet on July 26. Ordinance 91-04 with a representative of Cox Cable will be discussed as well as Ordinance No. 101-04 on the sale of municipal property.

A formal welcome back was extended to Councilman Frost, recently returned from Europe.

Safety Committee: Mr. Frost noted that the Working Group on Animal Control Laws will meet Wednesday, July 21.

Finance Committee: Mr. Hurtuk indicated that a meeting has been scheduled for July 19 to begin discussions of the 2005 budget.

Buildings, Equipment and Technology Committee: Mrs. Bartolozzi noted that her committee will

meet on July 12.

COMMUNICATIONS AND ANNOUNCEMENTS:

Mr. Hagan has received a letter from Fred I. Sokol, 20021 Parkview, proposing a 1/3 cut in the City's income tax. (Exhibit "A")

A second letter received by Mr. Hagan is from Chris Davies of the RRFD in opposition to Ordinance No. 90-04. (Exhibit "B")

Ms. Susan Wollenzier, Finance Director, will be honored at the July 6 meeting.

Correspondence has been received from George A. Kraus, President of the Rocky River Firefighters in opposition to Ordinance No. 90-04. (Exhibit "C")

Another letter has been received from Fred I. Sokol, 20021 Parkview, about the effects of regionalism on the City. (Exhibit "D")

AUDIENCE PARTICIPATION:

Karl Bergquist, 2890 Wagar Road, spoke on Ordinances 84-04 through 87-04 concerning drive-throughs. He stated that he is expressing his objections basically as he did during the committee meeting earlier this evening. His opinion is that the ordinance should state that no drive-throughs shall be located on a building wall that abuts a residence. Anyone who objects can get a variance. He cited the conflict between no impairment of property values, no injurious effect on adjoining residential districts and what is authorized in the ordinance. He reminded Council of their obligation to uphold and protect property rights, not business property rights. He said that all businesses should be treated the same, but that no one should mess with residential property owners.

He reviewed the process which resulted in the Walgreens location in Rocky River. Their application for a zoning change to General Business was rejected and resubmitted as a request for Local Business which was granted under a threat of legal action if denied. Mr. Bergquist was told that there would be no drive-through. He said that now is the time for the "little guy" to get his rights, and the only way residential property owners can get proper protection is to have no drive-throughs on the side which abuts residential properties.

Dick Louth, (no address given) was the Rocky River Police Chief between 1974 and 1984. He spoke in opposition to Ordinance No. 90-04. He emphasized that his remarks applied only to the Police Department. He thinks it would be beneficial to the department for every officer to want to be chief. Everyone should want to have the opportunity to run the organization. He urged the administration not to underestimate the people working here. Secondly, he raised the issue of liability. Those who are qualified to run a police department must understand civil liability. The Administration should listen to those with experience who are aware of new technology and new laws should a lawsuit arise. Education is secondary to common sense.

Kevin Bednarski, 2602 Lakeview, also spoke against Ordinance No.90-04. Referring to Mayor Knoble's stance in favor of the ordinance last week, Mr. Bednarski argued against some of his points by referring to statements made at meetings of the Charter Review Commission. He challenged the Mayor's alleged statement that there is a lack of leadership in the safety forces. He stated that Mayor already appoints the Civil Service Commission and their advisor, Mr. Hotz. He urged Council to investigate further before a decision is made to place the issue on the ballot. (Exhibit "E")

• •Mr. Matty wished the record to reflect that the Assistant Law Director, Mr. Hotz, is appointed not by the Mayor, but by the Law Director.
  
  

Todd Hunt, 1309 E. 9^th Street, is the legal counsel for Walgreens and spoke in favor of Ordinances 84-04 through 87-04. He urged Council not to make this a Walgreens issue. This affects service establishments in Local Business, General Business and Office zonings. These ordinances are very conservative. He is not thrilled with the regulations, but feels that Walgreens can live with them. He asked and urged Council to move through without delay, stressing that he asked only for the regular process.

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

3^RD READING

Moved by Mr. Hurtuk, seconded by Mr. Hagan, that Ordinance No. 64-04 be passed as read:

Discussion: Mr. Hurtuk has not found any means to discount these charges which were for readings needed for sewer billing. There is no reason to delay further.

Vote: Potterfield - aye Frost - aye Hurtuk - aye

Bartolozzi - aye Hagan - aye

5 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"

Mr. Potterfield commented that this ordinance and the three that follow are concerned with drive-throughs and have been discussed at the earlier committee meeting. He will request a second reading after the meeting of the Committee-of-the-Whole on July 6.

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"

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"

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"

See discussion for Ordinance No. 84-04.

ORDINANCE NO. 90-04 BY ALL MEMBERS OF COUNCIL

AN ORDINANCE AUTHORIZING AND DIRECTING THE SUBMISSION TO THE ELECTORS OF A PROPOSAL TO AMEND SECTION 3 OF ARTICLE V OF THE CHARTER OF THE CITY OF ROCKY RIVER BY PROVIDING THAT THE POLICE CHIEF AND THE FIRE CHIEF SHALL BE APPOINTED BY AND SERVE AT THE PLEASURE OF THE MAYOR, AND DECLARING AN EMERGENCY

2^ND READING

This will be discussed at the next Committee-of-the-Whole. Mr. Hagan asked why the ordinance is being sponsored by All Members of Council. This will be investigated.

RESOLUTION NO. 91-04 BY BRIAN HAGAN

A RESOLUTION APPROVING THE UPDATED PUBLIC, EDUCATIONAL AND GOVERNMENT ACCESS GUIDELINES AND HANDBOOKS AND DECLARING AN EMERGENCY

This ordinance is scheduled to be discussed on July 26 at the meeting of the Contracts Committee.

ORDINANCE NO. 93-04 BY BRIAN F. HAGAN

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH BRANDSTETTER CARROLL ZOFCIN, INC. FOR CONTRACT ADMINISTRATION SERVICES DURING CONSTRUCTION OF THE ROCKY RIVER FAMILY AQUATIC CENTER AT A COST NOT TO EXCEED $33,128.00

2^ND READING

This ordinance will be on the agenda for the Special Meeting to be held July 6. It has been discussed, and the funding for the outdoor pool project has been passed.

ORDINANCE NO. 94-04 BY BRIAN A. HURTUK

AN EMERGENCY ORDINANCE AUTHORIZING ADDITIONAL SERVICES ALREADY PERFORMED BY GGJ, INC. RELATIVE TO THE DESIGN OF SEWER IMPROVEMENTS ON TONAWANDA DRIVE AND POCONO DRIVE IN AN AMOUNT NOT TO EXCEED $12, 089.75

2^ND READING

Mr. Hurtuk acknowledged that he has been watchful of capital expenditures, but he said that the outstanding memo from Mr. Lesiecki explaining this ordinance was sufficient to convince him to place the ordinance on the Consent Agenda for the Special Meeting.

ORDINANCE NO. 95-04 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

2^ND READING

The changes in this ordinance are mostly routine changes. The ordinance will be placed on the Consent Agenda for the Special Meeting.

ORDINANCE NO. 96-04 BY BRIAN F. HAGAN

AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY SERVICE TO PURCHASE JANITORIAL SUPPLIES FOR THE CITY OF ROCKY RIVER AT A COST NOT TO EXCEED $18,000.00 PER ANNUM FOR A TWO (2) YEAR PERIOD FROM CORPORATE EXPRESS

2^ND READING

This ordinance has been discussed and will be placed on the Consent Agenda for the Special Meeting.

ORDINANCE NO. 97-04 BY PAMELA E. BOBST

AN EMERGENCY ORDINANCE ESTABLISHING THAT ROCKY RIVER CITY COUNCIL SHALL RECESS DURING THE MONTH OF AUGUST IN 2004

2^ND READING

This ordinance is usually read three times, and will be read for the third time at the Legislative Meeting of July 12.

RESOLUTION NO. 98-04 BY BRIAN A. HURTUK

AN EMERGENCY RESOLUTION DIRECTING THE DIRECTOR OF FINANCE OF THE CITY OF ROCKY RIVER, OHIO TO SUBMIT THE ANNUAL BUDGET FOR 2005 OF THE CITY OF ROCKY RIVER TO THE COUNTY AUDITOR AS REQUIRED BY LAW

2^ND READING

Ms. Wollenzier indicated that the documentation needed with this resolution should be complete by the end of the week. It will be discussed at the Committee-of-the-Whole and Mr. Hurtuk will move for passage on July 12.

ORDINANCE NO. 99-04 BY FRANK B. GOLLINGER

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ACCEPT A PROPOSAL FOR A STREET TREE INVENTORY AND MANAGEMENT PLAN FROM ACRT OF CUYAHOGA FALLS, OHIO AT A COST NOT TO EXCEED $18,070.00, AND AS FURTHER DESCRIBED IN THE ATTACHED EXHIBIT "A"

1^ST READING

This expenditure has been provided for in the Beautification Committee's budget, and should be considered at the Special Meeting.

ORDINANCE NO. 100-04 BY EARL W. POTTERFIELD

AN ORDINANCE AMENDING SECTION 914.15 ENTITLED CHARGES AND RATES BY ADDING SUB-SECTION (e) CONCERNING AN INITIAL TAP-IN CHARGE FOR CONNECTION TO THE CITY SANITARY SEWER SYSTEM AND DECLARING AN EMERGENCY

1^ST READING

This change to the City's sewer tie-in fees was recommended by the Planning, Zoning and Economic Development Committee. Mr. Potterfield suggested that it be placed on the agenda for the Special Meeting.

ORDINANCE NO. 101-04 BY BRIAN HAGAN

AN ORDINANCE ADDING SECTION 123.05 ENTITLED "SALE OF MUNICIPAL REAL PROPERTY" TO THE ROCKY RIVER CODIFIED ORDINANCES AND DECLARING AN EMERGENCY

1^ST READING

Mr. Hagan requested that this ordinance be held until July 26 when it will be discussed at the meeting of the Contracts Committee.

ORDINANCE NO. 102-04 BY LINDA S. BARTOLOZZI

AN EMERGENCY ORDINANCE AUTHORIZING THE SAFETY-SERVICE DIRECTOR TO PURCHASE TWO (2) HUSTLER SUPER "Z" ZERO TURN MOWERS WITH 60 INCH FREE FLOATING DECKS AND ONE (1) HUSTLER SUPER "Z" ZERO TURN MOWER WITH A 72 INCH FREE FLOATING DECK FOR THE ROCKY RIVER SERVICE DEPARTMENT UNDER THE STATE COOPERATIVE PURCHASING ACT FROM BAKER VEHICLE SYSTEMS AT A TOTAL COST NOT TO EXCEED $14,990.00

1^ST READING

Mrs. Bartolozzi turned to Mr. Linden who explained that three mowers are six years old and with the heavy use they receive, one has completely failed and the others are going. He was forced to borrow a replacement, and he requested urgent passage so that they can be replaced. The original price of the mowers is $28,785, but with state discounts and trade-ins, the cost to the City will be $14,990. The ordinance will be placed on the Consent Agenda for the Special Meeting.

ORDINANCE NO. 103-04 BY LINDA S. BARTOLOZZI

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO PURCHASE PERSONAL COMPUTERS FOR THE ROCKY RIVER MUNICIPAL COURT UNDER THE STATE COOPERATIVE PURCHASING ACT FROM DELL COMPUTER AT A TOTAL COST NOT TO EXCEED $26,100.48

1^ST READING

These computers will be used for the Court to replace units over three years old. They will be purchased with funds generated by the Court, in Fund A with a $3/ticket fee and Fund B with a $7/ticket fee. Mrs. Bartolozzi requested that this be placed on the Consent Agenda for the Special Meeting.

ORDINANCE NO. 104-04 BY BRIAN A. HURTUK

AN ORDINANCE AUTHORIZING THE CERTIFICATION OF DELINQUENT SEWER ACCOUNTS TO THE COUNTY AUDITOR FOR COLLECTION, IN ACCORDANCE WITH LAW

1^ST READING

This ordinance will pass on to the County delinquent sewer bills for collection via their tax bills. Ms. Wollenzier indicated that one more notice will be sent, and the list will be revised as many pay their bills before the deadline. This will be placed on the Consent Agenda for the Special Meeting.

ORDINANCE NO. 105-04 BY BRIAN A. HURTUK

AN EMERGENCY ORDINANCE AUTHORIZING THE CERTIFICATION OF CERTAIN ACCOUNTS RELATIVE TO THE IMPROVEMENTS TO PLYMOUTH ROAD IN THE CITY OF ROCKY RIVER, OHIO, TO THE COUNTY AUDITOR FOR COLLECTION, IN ACCORDANCE WITH LAW

1^ST READING

These bills are for nominal amounts because the assessments have only five more years to go.

ORDINANCE NO. 106-04 BY PAMELA E. BOBST

AN EMERGENCY ORDINANCE AMENDING SECTION 953.02 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER ENTITLED "FEES", AND AS FURTHER DESCRIBED IN EXHIBIT "A"

1^ST READING

These changes, as explained in a memo from Director Patterson, are to increase hockey fees and the rates were unanimously recommended by the Parks and Recreation Commission at its recent meeting. It will be on the Consent Agenda for the Special Meeting.

MISCELLANEOUS BUSINESS:

Mr. Hurtuk announced that WestLife reporter Stephen White has been hospitalized with pneumonia. He was wished a very speedy recovery by all members of Council.

AUDIENCE PARTICIPATION:

Fred I. Sokol, 20021 Parkview, read his letter, (Communications and Announcements) calling for a tax cut of $5 million. (Exhibit "A") He asked City Council to consider his proposal.

Kevin Bednarski, 2602 Lakeview Avenue, thanked all those for their work on successful grants to the City: Ron Gottschalk, Jeanne McIntyre, Jan Gilbert in the Rec Department, City Council for its support, Sue Wollenzier, Kory Koran, Jim Linden, Mary Kay Costello and Evelyn Briggs. Also thanks to firefighters Joe Williams, Steve Golobid, Frank Schaefer, Bob Benza, Ben Wollenburg, Jeff Hollis and retired FPO Joe Yankel.

The meeting was adjourned at 9:22 p.m.

_______________________________ _______________________________

Brian A. Hurtuk Misao Kurokawa

President Pro Tem of Council Clerk of Council

Please note: This is a draft copy of the minutes of the Legislative Meeting of June 28, 2004. These minutes may be amended or revised at the next Legislative Meeting.

DRAFT

CITY OF ROCKY RIVER

JUNE 28, 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 David J. Cook Council Chambers.

Planning, Zoning and Economic Development Committee Members Present:

Mr. Potterfield, Mrs. Bartolozzi, Mr. Hurtuk

Absent: Mr. Gollinger

Council member present: Mr. Hagan

Administration: Mr. Lesiecki,

Law Director: Mr. Matty

The first topic, Sewer Tie-in Fees, Ordinance No. 100-04, was introduced by Mr. Potterfield who noted that this has been discussed on an ongoing basis. Mr. Lesiecki, the City Engineer, was able to secure a fee structure currently in use in Solon which was incorporated by the Law Director in drafting Ordinance No. 100-04.

• •Mr. Lesiecki indicated that he felt it was a good example of an existing fee structure in a situation similar to ours.

• •Mr. Matty explained that this is an active ordinance in Solon drafted through the assistance of CT Consultants, using the EPA Green Book as a basis of the cost recovery for improvements at the Wastewater Treatment Plant.
  
  
• •Mr. Potterfield mentioned that there is no charge for tie-ins currently in our City.

MOTION:

Moved by Mr. Potterfield, seconded by Mr. Hurtuk, that Ordinance 100-04 be recommended to Council for adoption.

Vote: Potterfield - nay Bartolozzi - aye Hurtuk - aye

3 ayes 0 nays PASSED

The Lake Road Development Site Phase I Study was the next topic to be explored. Mr. Potterfield noted that the original study, received earlier this year, was supplemented by a letter dated June 3, 2004, from HzW Environmental Consultants. Mr. Lesiecki added that he thought that they summarized the position of the EPA very well, and that they did a good job of exploring options and summarizing them in the 12 speaking points.

Mr. Potterfield explained that the City had already spent a good deal on the site, but it appears that much more may be required. Mr. Koran has explored opportunities offered by grants/funding available to better conform with EPA requirements.

Mr. Hurtuk feels that, as a practical matter, what is on the site now is fill, and that no one will build on it. It will need to be packed down or removed. Monies spent thus far have fulfilled a promise made to residents that the mound was temporary. The question is whether to continue to invest in the hope of making a sale, or wait and see if a grant, probably from Columbus, can help. Although no grant dollars are currently available, something could come up in the future. He is not sure that it is in our best interest to spend more on the site.

• •Mr. Potterfield concurred. He asked Mr. Lesiecki if any programs exist which would help us. Mr. Lesiecki responded that the largest would be the Brownfield Program and/or Clean Ohio, but that our situation is currently not covered.
  
  

Mr. Hurtuk suggested that the Administration might wish to prepare requests for proposals (RFP) with challenges made known to see what interest exists. It is not necessary to accept any proposal. He asked Mr. Matty if this is a possible course.

• •Mr. Matty responded that first, decisions regarding the disposition of assets must be made as well as zoning decisions. At present, the City is required to use the competitive bidding system.
• •Mr. Hurtuk noted that the ordinance concerning the sale of public property is scheduled for discussion at the meeting of the Contracts Committee on July 26. He asked Mr. Matty if decisions are made to proceed at that time, then following Council's August recess if options to use a different formula can be used. Mr. Matty said yes.

Mr. Hurtuk added that he would like to recoup what had been put into the property, but realistically, it should not be regarded as a one-time return on the investment because of the long-term income that could be provided.

• •Mr. Potterfield expressed concern with the accuracy of projections of income for commercial and residential uses. He expressed preference for the fastest return to the City of its expenses.

It was pointed out that legislation in Mr. Hagan's committee could create more flexibility to encourage options to be more creative in regard to selling the property.

Mr. Potterfield asked how much more would have to be spent to go forward to the next step.

• •Mr. Lesiecki referred to point 8 in the HzW letter which advises the City to determine the "limits of waste placement". He added that asking a potential developer to take on this risk would undercut any minimum bid. The cost for this step could be substantial.
• •Mr. Hurtuk commented that the site was never in "buildable" condition, but would require significant work before any project could be constructed, either compacting, installing caissons, or replacing soil. He does not foresee Council authorizing more funding this year or next.
• •Mr. Potterfield wondered about the City's liability if it does not sell the land, and whether offering it for sale would cause the EPA to require remediation. Mr. Lesiecki responded that the EPA would intervene only if the land transfers. The successful bidder would be required to meet regulations. He added that this would be a big risk for any bidder.
• •Mr. Hurtuk indicated that any buyers would ask for a period of due diligence and could ascertain what it would take to make the property buildable, and at their expense. He felt soil removal would be the choice, but without an end user, it is unpredictable. He suggests rezoning the property, then issuing an RFP. If another use surfaces, a second rezoning could be requested.
• •Mr. Matty mentioned that a motion was passed at a previous meeting of the Planning, Zoning and Economic Development Committee to rezone the property to commercial use. (See minutes of March 22, 2004.) He was waiting for the legal description. Mr. Lesiecki indicated that he has received a 3.5 acre legal description from Bramhall for the rezoning.
• •Mr. Potterfield once more asked if, in rezoning, we would be "opening a can of worms". Mr. Matty responded that it would not be an issue in rezoning, and that we are responsible for whatever is there. The purchase agreement would cover what is discovered by the City or the buyer during the sale. The rezoning can begin immediately and the legislation can be prepared since the recommendation has already been made.
• •Mr. Potterfield suggested proceeding until a financial barrier is encountered.
• •Mr. Hurtuk cautioned that he would not like to increase the City's liability. Mr. Lesiecki referred to point 10 from HzW and said that penetration of the cap must be avoided. Decisions about what buildings can be placed and the location are made by the EPA following soil studies.

Mr. Hurtuk concluded that he sees no reason not to move forward. If the City does not have grant funds available, the end user may be able to find funding if it creates jobs or new residences. The Mayor would like to have this property on the market.

• •Mr. Potterfield has no problem with the concept, but only with its potential cost. The City has a great commitment, and he does not favor additional expenses that cannot be recouped.
  
  

MOTION:

Moved by Mr. Potterfield, seconded by Mr. Hurtuk, that without incurring further cost at this point, the Administration is authorized to take further action to determine choices. A minimum bid will be incorporated to recoup all expenditures to date. The matter is further referred for further consideration to Council's Contracts - Government and Judicial Committee which is considering legislation on the sale of municipal property.

Vote: Potterfield - aye Bartolozzi - aye Hurtuk - aye

3 ayes 0 nays PASSED

The final topic, Drive-throughs, was opened by Mr. Potterfield who referred to Ordinances 84-04 through 87-04. He noted that the Law Director has researched the topic and incorporated existing legislation into these ordinances. Mr. Hurtuk recalled that in the last discussions, it was suggested that an effort should be made to bring the ordinances into conformance with the rest of the Code, and he added that he favored eliminating any potential gray area.

Mr. Potterfield stated that his focal point is in situations where Local Business (LB) zoning abuts single family residential property. He proposed the following two changes:

• •In Ordinance No. 87-04, Section (4) Vehicle Stacking, (ii) a change not permitting a drive-through window within 35 feet of any residential property to be changed to 45 feet. He said that this distance would have the least impact on any single family residence.
• •In Ordinance No. 86-04, p. 115, #8, to change the ordinance from "The development of a buffer, such as walls, fences and landscape feature may be required by the Planning Commission..." to will be required... This would leave the details to the discretion of the Planning Commission but would insure that some buffer would be provided.

Mrs. Bartolozzi agreed that some landscaping or buffering should be required.

Mr. Potterfield added that the BZA would have the right to grant exceptions. He feels that this would not hurt business, but would insure a minimum impact on residents.

Mr. Hurtuk asked to confirm the process: if recommended, this ordinance would be amended first, then referred to the Planning Commission where more public comments could be made. He commented that he would like to continue the process so that Planning comments can be heard. Mrs. Bartolozzi agreed that the process should move forward without delay.

Mr. Potterfield then accepted public comment:

Todd Hunt, of Walter & Haverfield, is the attorney representing Walgreens. He noted that he has been attempting to have this issue discussed by Council for 18 months. He is concerned about the change in setback for drive-throughs from 35' to 45' and pointed out that this would increase drive-throughs' setbacks to more than other uses, some of which are more obnoxious, e.g. loading docks, which may be 35' from the property line. He feels that the regulations, as drafted, are strict, but he is willing to live with them. The increase, however, would be very difficult. After consulting a zoning map, he asserted that many properties in LB and GB are already built out. He pointed out that distances are already far greater in lot lines that abut residences than those that abut other commercial properties. Since pharmacy drive-throughs are for pickup only, they would be less intrusive than others; the volume would be much less than many, particularly an ATM. He has spoken to a planner with substantial experience whose opinion is that 35' is a substantial setback for commercial property where it meets residential, particularly where it is built out. He pointed out that senior residents and parents of small children would appreciate the convenience of a drive-through and urged Council members to stay with 35'.

Karl Bergquist, 2890 Wagar Road, contends that no drive-throughs should be permitted on the side of a building facing residential property. He reminded Council members of the caution in the Code which allows for "no injurious effect on the adjoining residential districts". He stated that he would not let Council permit drive-throughs, and that either Walgreens or he would sue the City. He said that if a drive-through was desired, the BZA had the power to grant variances.

Mr. Hurtuk said that he would like to see these ordinances move along, and that he and other Council members have been concerned about drive-throughs. He emphasized that this is not a Walgreens issue, but one with a city-wide impact. He added that he was not comfortable participating in a motion in the absence of Councilmember Gollinger whose ward has several properties which could be affected, and suggested reconvening at the Committee-of-the-Whole when Mr. Gollinger would be in attendance. He would also like to research the regulations on loading docks.

Mr. Matty interposed with a history of these ordinances: as instructed by the President of Council, he researched various cities and their regulations of drive-ins or drive-throughs. Most cities have one provision, but the City of Solon retained a planner who drafted the regulations which were subsequently voted upon and passed by residents. It is these regulations which form the basis of our ordinances, so that instead of one regulation for all situations, there are four or five categories which had the benefit of a city planner and a vote by a city which did not have drive-throughs in most districts, a city which is rapidly becoming as built out as ours. These regulations are not arbitrary, but the result of deliberation on the part of a city planner-and very conservative. If the distance is increased to 45' for drive-throughs, that would make it different from other commercial uses and difficult to justify because it is not an obnoxious business. He urged Council members to seriously consider the 35' issue because the City does not require 45' for loading docks or outdoor restaurants. The City cannot treat one business differently from another, and it must be reasonable. When drafting, he tried to be on the conservative side; residents must be reasonable. All businesses must be treated the same. To change regulations of some will create non-conforming uses.

To Mr. Potterfield's mention of an lengthening of McDonald's hours of drive-through operation to 6 a.m. to midnight, Mr. Matty pointed out that if Ordinance 87-04 passes, that will not happen. Mr. Potterfield reiterated that this would have little impact because it is in GB and not close to any residence.

Mr. Hurtuk noted that a level of consistency is important.

It was decided to continue discussion of this topic at the next Committee-of-the-Whole on July 6.

There was no further discussion from Council, and following a motion by Mr. Potterfield, second by Mrs. Bartolozzi, and unanimous affirmative vote, 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 June 28, 2004. These minutes may be amended or revised at the next Legislative Meeting.