DRAFT

CITY OF ROCKY RIVER

JULY 5, 2005

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

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

Mrs. Bartolozzi, Mr. Hagan, Mrs. Bobst

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

Law Director: Mr. Matty

The meeting was opened with the Pledge of Allegiance. Mrs. Bobst announced that the meeting was being recorded by a resident.

UNFINISHED BUSINESS:

Resolution No. 133-04: This resolution adopts the Master Plan. The Planning Commission has passed its recommendations and forwarded approved minutes to Council. The Planning, Zoning and Economic Development Committee has discussed those recommendations and is in the process of finalizing their recommendations and forwarding those to Council. The Public Meeting to receive input from residents will be Tuesday, September 6, 2005 at 7:00 p.m. in the David J. Cook Council Chambers.

• •Mrs. Bobst urged residents to review the Plan which is available on the City's website, at City Hall or the library. She further encouraged residents to communicate their opinions at the public meeting or to Council members by mail, e-mail or phone.
  
  
  
  

Ordinance No. 40-05: This ordinance has also been reviewed and unanimously recommended by the Planning Commission. Mr. Potterfield indicated that it is his intent to read this ordinance for the third time and call for a vote next week.

Ordinance No. 70-05: This ordinance would authorize payment of an invoice from the Cleveland Division of Water for readings they had done which are used as a basis for City sewer billings. Mr. Hurtuk explained that he is still waiting for information so this ordinance will remain on hold. It is his goal to call for a vote on this ordinance before the August recess.

Ordinance No. 86-05: This ordinance has been referred to the Planning Commission. Preliminary reports indicate that they have voted unanimously to recommend it to Council for passage.

• •Mayor Knoble was present at their meeting and reported that several Commission members commented that with the spirit of the Master Plan and their experience, allowing 25% coverage was not sufficient. Although they unanimously affirmed the proposed 25%, they recommended 30%. He noted that this will be reflected in their minutes.
  
  
  
  

Ordinances No. 91-05 through 96-05: These ordinances, which authorize changes in the zoning or property maintenance code, have been read once and referred to the Planning Commission for discussion at their next meeting. Because Mr. Potterfield would like to encourage public comment, he intends to read these ordinances three times.

Ordinance No. 97-05: This ordinance will also have three readings to allow for public input.

Ordinance No. 98-05: This ordinance prohibits storage of rubbish and garbage where it is visible from the public right-of-way. Mr. Matty clarified the definition of public right-of-way by noting that it means either street or sidewalk. Mr. Potterfield observed that he had conducted an informal survey and had, this evening, driven quite a few streets. He noted that quite a few residents had placed paper bags with yard waste next to their houses. According to the ordinance, these residents would be in violation. He asked Council members if this is their intent.

• •Mrs. Bartolozzi asked about resident complaints, and whether this is seen as a problem. Mr. Gollinger felt that it is.
  
  
• •Mayor Knoble commented that the most frequent complaints concern residents who place their rubbish on tree lawns days before their collection day. He also has received complaints about the visibility of garbage cans. He cannot recall any complaints about paper bags next to the house. Mr. Linden is working on an ordinance which will complement this ordinance and will deal further with the problem.
  
  
• •Mr. Gollinger recalled that the Building Commissioner felt that the major problem is storage of garbage containers. The Building Department cites residents who place their garbage out before their collection day, but Mr. Gollinger feels they need more tools to help them in enforcement.
  
  
• •Mr. Linden indicated that the unwritten rule for placing garbage on the tree lawn is 12 hours before pickup.
  
  
• •Mr. Matty commented that if Council wishes to permit paper bags, the Code needs to be amended to permit it. Mr. Potterfield favored such an amendment.
  
  
• •Mrs. Bobst suggested that Council wait to see what Mr. Linden will draft and how that complements this ordinance before making any amendments.
• •Mr. Hurtuk pointed out that if Mr. Linden's ordinance is available soon, there will be ample time to amend this ordinance before passage.
  
  

Ordinance No. 99-05: This ordinance prohibits parking of vehicles on landscaped areas. This also will be read three times before passage.

MAYOR'S REPORT:

For his report, the Mayor turned to Mr. Michael Mackay, the City's consulting engineer, for a discussion of the street repair bid opening last Friday. This project would cover the completion of streets in the Bates/Orchard Park area as well as other streets designated for repaving this year.

Mr. Mackay explained that three bids were received and he distributed a memorandum outlining all bids. Based upon his evaluation and experience, he recommended the lowest of the three, from Burton Scot Contractors for $899,000. He stated that this is a good firm which he has used in other cities, most notably last year for a repaving contract in Fairview Park. Their other experience was also enumerated in the memorandum. Also included was their estimate for each street to be resurfaced.

• •Mrs. Bobst noted that the bid is lower than the engineer's estimate of $925,000.
• •Mr. Frost asked if discussions of the time frame had been held with the contractor. Mr. Mackay confirmed that the contractor is fully aware of the time limits as well as the priority for the Bates/Orchard Park area. He believes that the job will be done well and in a timely manner.
• •Mr. Hagan asked about full depth repair. Mr. Mackay responded that in this case, the existing surface is removed and 7" to 8" of replacement concrete or asphalt is added.
• •Mrs. Bobst took an informal survey of Council members, and noting no objections, instructed the Administration to draft an ordinance accepting the low bidder.
  
  
  
  

MISCELLANEOUS BUSINESS:

Hamlets East -Storm and Sanitary Sewers: Mrs. Bobst noted that Council members had received correspondence from The Coral Company explaining concerns and suggestions. She turned to the Mayor for further comments.

• •Mayor Knoble said that the Administration has been working on the situation and that work is still under way. Coral has developed Hamlets West and Hamlets East will follow. In order to address their storm sewer needs, a line must be installed to Spencer Creek. At the same time, there is an opportunity to solve a flooding situation in Tiffany Ridge, which was built in the late '70's with a collection area at the north end of the property for rain water. During periods of rain, water flows toward the north and is pumped to Center Ridge. If the pump fails, the homeowners' association is responsible. In the past, City crews have been sent to help with auxiliary pumps. In the meantime, water flows down to houses to the north and floods back yards. As this development goes in, it will be possible for Tiffany Ridge to tie into the Hamlets East storm sewer and abandon the pump system.
• •Mr. Jim Wymer of Coral Company came forward to explain further. In order to implement this plan, Coral Company is requesting dedication of the sewer lines, and is offering a solution to the flooding problems of Tiffany Ridge. He noted that in severe storms, if the electricity fails or the pump goes out, it means flooding for Tiffany Ridge. River Walk has an existing storm line which goes to Spencer Creek. When built, it was platted and planned to be dedicated to the City, but that has not yet happened. In order for all to tie into this system, the line must be dedicated to the City. In preparation for this, it has been videotaped and this has been satisfactory to both sides. He is asking Council to go forward with the dedication of the line. Tiffany Ridge can then tie into the system and solve their stormwater problems.
  
  
• •The final issue concerns sanitary sewers. A new sanitary system will be installed for Hamlets East. This line will follow approximately the same easement across several properties and connect to a main trunk line running along Spencer Creek. The property adjacent to the creek has been to be purchased by the developer to complete the easement necessary.
  
  
• •Mr. Matty explained that he has requested that the County Treasurer's office begin foreclosure proceedings on two large parcels north of this proposed development. The City may be able to purchase these parcels under the County's land reutilization program and this would provide an alternate route for Hamlets East. He cautioned that there are other costs, and Council must decide which parts of the line to turn from private to public. Further, there are engineering costs for sizing which Coral would not have to do for their own development. Mr. Wymer added that Coral would have no additional costs whether or not Tiffany Ridge participates.
  
  
• •Mr. Matty indicated that some costs will need to be paid by homeowners of Tiffany Ridge, and this needs to be addressed by their association. For those lines which are dedicated and change from private to public, the City will take responsibility for their maintenance.
  
  
• •Mr. Gollinger asked if this new system would work by gravity or if pumps would be required. Mr. Wymer confirmed that only gravity would be necessary.
  
  
• •Mr. Potterfield asked if Tiffany Ridge had problems only with storm sewers and not with waste. Mr. Linden responded that the development is hooked into the Laramie sewer. That is at least a 30" line.
  
  
• •The Mayor indicated that Mr. Linden will meet this week with representatives from Tiffany Ridge to explain the situation. Their contention is that the City should have tied the development into sewers from the beginning. The City, however, has not done any public sewer work on other condominium developments. Because of the way this sewer will be moving across sever property easements, he feels that dedicating the sewer is the best solution. Since the line will be new, he sees no problem for the City to take responsibility for maintenance. He feels that the homeowners of Tiffany Ridge need to be made aware of the situation. The Administration position on the easement and assumption of maintenance of the line is that the City should do this. This would require two or three pieces of legislation.
  
  
• •Mrs. Bartolozzi asked if DiGioia would be the contractor on this work. Mr. Wymer said that it was not necessary that he be the contractor. Tiffany Ridge can tie in any time; however, it would be more economical to do so now. The City can hire any contractor to do the work. DiGioia Construction will do the work for Coral.
  
  
• •Mr. Gollinger asked if there was a possibility that if lines were added that the Spencer Creek line would be overtaxed and cause problems. Mr. Wymer indicated that the line was adequately sized to handle the increased flow.
  
  
• •Mr. Mackay mentioned that he had looked at plans, talked with engineering representatives and had a good idea of the problem which needs to be addressed. He believes that this is the right way, and the receiving pipes are adequate and there are plans for overflow.
  
  
• •Mr. Matty asked Mr. Mackay what assurances the City would have when installation of the pipes is done by private contractors. He suggested it may be possible to have assurances from both the contractor and the developer. Mr. Mackay explained that if the City decides to accept the dedication, because services are provided by multiple companies, a maintenance bond is usually provided by the contractor for two years. Mr. Wymer added that inspections are performed as the work progresses. Mr. Mackay noted that he has also used developers' agreements. There are a number of ways to be sure that the City is receiving quality work.
  
  
• •Mr. Linden commented that he and Mr. Mackay had walked the area and noted connection points. Tiffany Ridge could hook in at any time if they hire their own contractor for a 44' line and a manhole. He did not foresee problems.
  
  

COMMITTEE REPORTS: NONE

NEW BUSINESS:

Ordinance No. 100-05: This ordinance authorizes an application for a D.A.R.E. grant. Matching funds are available under this grant program. Mr. Frost noted that the City would not like to lose these funds and will place this ordinance on the Consent Agenda for next week.

Ordinance No. 101-05: This ordinance authorizes a contract to lease land from the Board of Education to be used as a skate park. Mr. Matty explained that this is a pilot project with a agreement to last for two years; it will be renewable at the end of that time if both the City and the school board are in agreement. The agreement was passed by the Board at its last meeting with one dissenting vote. The contract addresses insurance provisions, liability, and a nominal rental fee. There are also signage and other general provisions which apply to skate park usage. In outlining other provisions, the Law Director tried to track the turf agreement now in force. In addition, there is language for termination of the contract for vandalism concerns. It will be short term unless it is continued by both entities.

• •Mr. Patterson, Director of Recreation, came forward to discuss plans. He commented that this is something that the City has discussed as early as six or seven years ago. The Mayor raised the issue about a year ago and has been working with the Board. Several meetings have been held, including a public meeting for residents. Mr. Patterson pointed out that this is a low-cost way to find out if Rocky River needs a skate park. This agreement has a stipulation that will require closing on some dates and some periods of the year.
  
  
• •Mrs. Bobst asked if this park is for residents only. Mr. Patterson responded that, since it was not supervised, it would be difficult to monitor. Unlike the Lakewood park with a regional draw, this will be a local park for local youngsters. The initial budget is $25,000 for the park.
  
  
• •Mr. Gollinger asked about a permanent location if this park is successful. Mr. Patterson suggested the possibility of combining with another city. At any rate, the City would have two years to find a good permanent location.
  
  
• •Mr. Gollinger then asked the Law Director about liability and insurance, and whether our carrier would cover claims which did not occur on City property. The Law Director said that it depends upon the claim. This needs to be worked out, and the Law Director asked Mr. Linden to communicate with the City's insurer.
  
  
• •Mr. Hagan asked about adult involvement with the project. Mr. Patterson agreed that it was essential, citing the participation of Luke Kmetz of Community Challenge. Mayor Knoble emphasized the importance of parent participation, saying that he has said from the beginning that this project cannot go forward without it. In most recreation programs, there are adults involved: coaches, referees, supervisors, etc. This undertaking is different, and a list of involved parents is necessary should difficulties arise. This issue will need work.
  
  
• •Mr. Patterson reported that he had visited the Lakewood skate park. That city spent $300,000 on its park. Mr. Patterson noted a surprising number of parents watching their youngsters practice. There were 50-60 youngsters skating when he visited, and no problems arose.
  
  
• •Mr. Matty indicated that the park will not have a user fee, so there is no possibility of limiting users to Rocky River residents. It will be a public park for all to use. Secondly, for the record, he wished to recognize the contribution of Mr. Swartz, a member of the school board, whose hard work before their meeting made passage possible.
  
  

Mr. Hagan requested that this ordinance be placed on the Consent Agenda for next week.

COMMUNICATIONS AND ANNOUNCEMENTS: NONE

MOTION:

Moved by Mrs. Bobst, seconded by Mr. Potterfield, that at the request of the Law Director, an Executive Session be held immediately following the meeting to discuss a matter of imminent court action under Article X, Section 6, Subsection 3 of the Charter.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Hurtuk - aye Bartolozzi - aye Hagan - aye

Bobst - aye

7 ayes 0 nays PASSED

As there was no further business by members of Council, the meeting was adjourned at 8:54 p.m.

_____________________________ _____________________________

Pamela E. Bobst Misao Kurokawa

President of Council Clerk of Council

Please note: This is a draft copy of the minutes of the meeting of the Committee-of-the-Whole of July 5, 2005. These minutes may be revised or amended at the next Legislative Meeting.