DRAFT
CITY OF ROCKY RIVER
JULY 26, 2004
Regular meeting of Council was called to order by Mr. Hurtuk, President Pro Tem of Council, at 8:00 p.m.
Council Members Present: Mr. Gollinger, Mr. Potterfield, Mr. Frost, Mr. Hurtuk,
Mrs. Bartolozzi, Mr. Hagan
Absent: Mrs. Bobst
Administration: Mayor Knoble, Mr. Linden, Mr. Thomas, Mr. Lesiecki, Mr. Patterson
Law Director: Mr. Matty
Press: Mrs. McKenzie, Mr. White, Mr. Kelley
The meeting was opened with the Pledge of Allegiance.
Prior to the beginning of the meeting, Mr. Hurtuk turned to the Mayor who presented awards on behalf of the Beautification Committee to the winners in the many categories of the second annual contest for the most beautiful gardens and landscaping in the City:
Residential, Front Yard (Owner Maintained) - Debbie & Ned Schabel, 345 Wagar
Residential, Back Yard (Owner Maintained) - Tom Keeling & Diane Palos, 21168 Lake
Residential, Total Property (Owner Maintained) - Jane & Louis Bodnar, 21029 Avalon
Residential, Total Property (Professionally Mntnd) - Donna & David Price, 21800 Avalon
Residential, Senior Citizen Maintained - Marian Placko, 19643 Purnell
Retail/Commercial, Garden - Eleanor Manor and Garden, 19236 Detroit
Retain/Commercial - Container - The Shoppes on Wooster (Allison McHenry at Lulu &
Claire)
Winners were presented with Mayoral proclamations and gifts.
MOTION:
Moved by Mr. Hurtuk, seconded by Mr. Hagan, that the reading of the minutes of the Legislative and Executive Meetings of July 12, and the Special Meeting, and Committee-of-the-Whole of July 19 be waived and that the minutes be accepted as submitted.
Discussion: Mayor Knoble commented that it is Council's practice to include correspondence to Council as exhibits. Sometimes, he feels that this is not appropriate. In the minutes of 7/12/04, Exhibit "I" is a letter to the Council President from Fred I. Sokol and the Mayor feels that this is campaign literature and strongly recommended that it be stricken from the official record, which is not for political interests.
Mr. Hagan agreed, saying that he had received many e-mails from Mr. Sokol and had chosen to exclude any that he found were political in nature. Mr. Matty stated that consideration of this record may be postponed to the next Legislative Meeting.
It was the consensus of Council that since the letter was addressed to the Council President, that the minutes of July 12 be excluded from the minutes under consideration in the motion and that the matter be further discussed upon her return.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
6 ayes 0 nays PASSED
Moved by Mrs. Bartolozzi, seconded by Mr. Potterfield, that the reading of the minutes of the Buildings, Equipment and Technology meeting of July 12 be waived and that the minutes be accepted as submitted.
Bartolozzi - aye Frost - aye Hurtuk - aye Potterfield - aye
4 ayes 0 nays PASSED
Moved by Mr. Potterfield, seconded by Mrs. Bartolozzi, that the reading of the minutes of the Planning, Zoning and Economic Development Committee of July 19 be waived, and that the minutes be accepted as submitted.
Potterfield - aye Bartolozzi - aye Gollinger - abstain Hurtuk - aye
3 ayes 0 nays 1 abstention PASSED
Moved by Mr. Gollinger, seconded by Mrs. Bartolozzi, that the reading of the minutes of the Environmental Committee of July 19 be waived and that the minutes be accepted as submitted.
Gollinger - aye Bartolozzi - aye Hagan - aye Potterfield - aye
4 ayes 0 nays PASSED
MAYOR'S REPORT:
An interim progress report has been received from Community Challenge. Portions will be distributed to Council members.
An opening will occur on the Parks and Recreation Commission with the resignation of John Petty. Mr. Petty will be missed as he has served on the Commission for more than 20 years. Any names of qualified interested residents should be submitted to the Mayor's office.
The Mayor has spoken to Police Chief Wagner about the liquor permit review process. The Chief has no basis for objections to any existing permits.
The Mayor has also met with one of the trustees and another member of St. Demetrios Church to review the catering issue. A resolution has been reached: all uses of the party center must go through the church trustees. No outside users are permitted without their approval. The Mayor commented that this should resolve the issue. There is no Yellow Pages ad for the catering business this year, only a small White Pages listing.
The Mayor found out today that traffic patterns on Wooster Road are being temporarily changed. The eastbound portions of Parklane and Westover where they meet Wooster will be closed for key sewer work. Residents will have to enter and exit by Frances or Carol. Closing these roads means saving valuable time on the project.
According to Lesley Hahn, the League of Women Voters (corrected: the Unitarian Church) will sponsor a candidates' forum on Saturday, September 11.
The Mayor confirmed that last week the choice of Council members as to underwriters for the City's bond issue is National City.
LAW DIRECTOR'S REPORT:
Last week, Mr. Matty and Sergeant Gulas represented the City at a liquor hearing to object to the license transfer granted to Rodos, Inc. Following the hearing before the Liquor Commission Directors, the decision will be reversed and the objection granted. The Lake Road BP objection will be heard August 18. The City plans to go forward.
The Contracts Committee met this evening and authorized an amendment to Ordinance No. 101-04 to include the leasing of municipal property. The ordinance will now be reviewed at the first committee meeting in September and consideration for passage on September 13.
Mr. Matty attended a case management hearing in the Deibel case pending against the City, the County and Fabrizi Construction. This concerns damage resulting from the blockage of a sewer. The City will seek summary judgment as Mr. Matty feels we bear no liability.
The City's claims against one of the contractors for Elmwood Cabin continues.
COMMITTEE REPORTS:
Contracts - Government and Judicial Committee: Mr. Hagan reported that his committee met this evening, and reviewed Ordinance No. 101-04, adopting the suggestion of the amendment to include leasing. The ordinance was read for the second time this evening and will be discussed and considered for passage in September. Also discussed was the Lake Road property which is being considered for a zoning change to commercial. With the passage of Ordinance No.101-04, it is hopeful that the Administration will have the means to pursue the sale of the property.
Planning, Zoning and Economic Development Committee: Mr. Potterfield reported on the last meeting of the Planning Commission, indicating that preliminary approval had been granted to the new Beachcliff Market Square development and to two new cluster developments on Center Ridge Road. A drive-through kiosk has been tabled as well as the ordinances on drive-throughs.
Safety Committee: Mr. Frost reminded everyone that this Friday, July 30, the Senior Center will host a Fire Safety Awareness Day. The day will begin with presentations in the auditorium at 10:30 a.m. and continue with activities in the Center and outdoors.
Finance Committee: Mr. Hurtuk announced that the Finance Committee will meet in September to begin dialogue on the 2005 budget.
COMMUNICATIONS AND ANNOUNCEMENTS:
Mr. Hagan has received the following:
Mr. Frost has received an e-mail from Gretchen Clutterbuck concerning the proposed Civic Center improvements. (Exhibit "Z")
Mrs. Bobst received the following:
Consent Agenda: Mr. Hurtuk suggested that the 7 bonding ordinances be placed on the Consent Agenda.
Moved by Mr. Hurtuk, seconded by Mr. Gollinger, that the seven bonding ordinances be placed on the Consent Agenda.
Discussion: Mr. Hurtuk noted that the improvements covered by the bonding ordinances had been included in the budget and voted by Council. Each improvement is covered by a separate ordinance.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
6 ayes 0 nays PASSED
AUDIENCE PARTICIPATION:
Fred I. Sokol, 20021 Parkview, read a letter which asked if there is a hazardous waste site in the City. (Exhibit "Y"). As Mr. Potterfield responded that there is no hazardous waste issue, Mr. Hurtuk requested that the discussion be deferred until the next Committee-of-the-Whole and that this part of the meeting be confined to audience input.
Frank Schaefer, 2716 E. Asplin, spoke on Amended Ordinance No. 90-04. He felt that it is important to allow firefighters to be considered for the Chief's position. He said that the promotional examinations are very competitive, often with only one question separating the top three positions. No single firefighter is expert in all aspects of the job. All firefighters are eligible to be members of negotiating and grievance committees, and he asked Council not to exclude 2/3 of the department from consideration for the Chief's position.
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 indicated that the Planning Commission has discussed the ordinances at their last meeting and felt that they did not have enough information, so it was tabled. The Chairman requested that anyone from Council or the public share their views in writing to the Commission before the next meeting, August 17. Mr. Matty commented that he was present at the meeting and, in fact, had to stop a Council member from airing views because this is not a public hearing and he could not allow a one-sided debate.
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.
AMENDED 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
Moved by Mr. Hurtuk, seconded by Mr. Frost, that Amended Ordinance No. 90-04 be passed as read:
Discussion: Mayor Knoble referred to Firefighter Schaeffer's idea that the way the ordinance is structured, if there are not three accredited or willing officers, that everyone in the department should be included. He stated that he is not in favor of this proposal. He feels that leadership experience is very important, and as he has maintained from the beginning, this issue is about leadership. He once more stated that it is highly unlikely that there will be no candidates from among the captains, lieutenants, and sergeants of the current safety forces. With this ordinance, he has pledged to do everything possible to encourage leadership, from training through the ranks to discussion of compensation of the chiefs. This ordinance would guarantee good leadership, not politics.
Mr. Gollinger noted that initially, he had had difficulties with this ordinance, but the amendments have brought it more in line with his thinking.
Mr. Frost pointed out that the issue is not that firefighters do not have the capacity to lead and is not disparaging. He feels that the training and compensation issues to be addressed will encourage advancement and enable promotion from within. In the event that it should be necessary, the ability to make an appointment from outside should be there.
Mr. Potterfield has great respect and admiration for both the police and fire divisions. He feels that this proposal from the Administration is a management philosophy. He has reservations about it.
Mrs. Bartolozzi agrees with Mr. Frost.
Mr. Hagan understands Mayor Knoble's position. He has, however, spoken to rank and file safety force members and finds varying opinions. He questions the need for three candidates, and notes that Civil Service requires two. He also wonders if new chiefs would be protected by Civil Service, and referenced the experience in Cleveland.
Mr. Hurtuk indicated that the Charter Review Commission had considered this issue and did not include it among the 19 that were placed on the ballot. In the absence of new information, he does not support a change.
Mr. Matty observed that a five-vote majority is necessary for passage.
Vote: Gollinger - aye Potterfield - nay Frost - aye
Hurtuk - nay Bartolozzi - aye Hagan - nay
3 ayes 3 nays DEFEATED
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 remains on hold as requested by the Law Director. Mr. Matty pointed out that it will not be amended until the law directors of the 10 or 11 municipalities served by Cox Cable can agree on amendments to the guidelines.
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
2ND READING
Mr. Hagan indicated that he anticipated an amendment to this ordinance which should be available in September.
.
ORDINANCE NO. 115-04 BY EARL W. POTTERFIELD
AN ORDINANCE TO DIVIDE CURRENT PERMANENT PARCEL NO. 302-04-004, LOCATED SOUTH OF LAKE ROAD AND OWNED BY THE CITY OF ROCKY RIVER, INTO PARCEL "A" AND PARCEL "B", AS FURTHER DESCRIBED IN EXHIBIT "A"
1ST READING
This ordinance had a first reading and will be referred to the Planning Commission for discussion at its meeting on August 17.
ORDINANCE NO. 116-04 BY EARL W. POTTERFIELD
AN ORDINANCE TO CHANGE THE DISTRICT CLASSIFICATION OF CERTAIN REAL PROPERTY IN THE CITY OF ROCKY RIVER KNOWN AS PARCEL "B", PART OF AUDITOR'S PERMANENT PARCEL NO. 302-04-004, FROM ITS PRESENT CLASSIFICATION OF PUBLIC FACILITY (PF) TO OFFICE BUILDING - 2 (OB-2), AS FURTHER DESCRIBED IN EXHIBIT "A"
1ST READING
See discussion for Ordinance No. 115-04.
RESOLUTION NO. 121-04 BY ROBERT S. FROST
A RESOLUTION AUTHORIZING THE ROCKY RIVER CHIEF OF POLICE TO FILE AN APPLICATION FOR THE FY 2004-2005 DRUG ABUSE RESISTANCE EDUCATION (D.A.R.E.) LAW ENFORCEMENT GRANT FUNDED THROUGH THE STATE OF OHIO D.A.R.E. GRANTS PROGRAM, AND DECLARING AN EMERGENCY
1ST READING
Moved by Mr. Frost, seconded by Mr. Potterfield, that the rule requiring that Resolution No. 121-04 be read on three separate days be suspended, and that Resolution No. 121-04 be placed upon its passage:
Discussion: This grant application is due on August 2, so passage of this resolution should not be delayed.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
6 ayes 0 nays PASSED
Moved by Mr. Frost, seconded by Mr. Gollinger and Mrs. Bartolozzi, that Resolution No. 121-04 be passed as read:
Discussion: Mr. Frost remarked that Council is familiar with the D.A.R.E. program to educate youth about drugs. This grant would provide matching funds to defray some of the costs of the program.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
6 ayes 0 nays PASSED
ORDINANCE NO. 122-04 BY BRIAN F. HAGAN
AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR AND THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO ENTER INTO A CONTRACT FOR TELEPHONE SYSTEMS MAINTENANCE WITH MVD COMMUNICATIONS, LLC. FOR A PERIOD OF ONE (1) YEAR AT A COST NOT TO EXCEED $9,976.00 PER YEAR
1ST READING
Moved by Mr. Hagan, seconded by Mrs. Bartolozzi, that the rule requiring that Ordinance No. 122-04 be read on three separate days be suspended, and that Ordinance No. 122-04 be placed upon its passage:
Discussion: The current contract for telephone systems maintenance expires on September 8, so this ordinance should not be delayed.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
6 ayes 0 nays PASSED
Moved by Mr. Hagan, seconded by Mr. Gollinger, that the Ordinance No. 122-04 be passed as read:
Discussion: This is a one-year extension of the current contract with the same company and no increase in cost.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
6 ayes 0 nays PASSED
ORDINANCES AND RESOLUTIONS UNDER CONSENT
ORDINANCE NO. 108-04 BY BRIAN F. HAGAN
AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH FABRIZI TRUCKING & PAVING COMPANY, INC. FOR THE 2004 SIDEWALK/CONCRETE PROGRAM IN AN AMOUNT NOT TO EXCEED $39,100.00
2ND READING
Discussed at the Committee-of-the-Whole, this program should go forward as quickly as possible.
ORDINANCE NO. 109-04 BY BRIAN F. HAGAN
AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH ENGINEERING INSPECTION GROUP, INC. FOR RESIDENT OBSERVER SERVICES REQUIRED FOR THE CONSTRUCTION OF THE FAMILY AQUATIC CENTER AT A COST NOT TO EXCEED $69,500.00
2ND READING
This expense has been included in the budget. This payment would cover the cost of the resident observer services.
ORDINANCE NO. 110-04 BY BRIAN F. HAGAN
AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A ONE (1) YEAR CONTRACT WITH LIFE FORCE MANAGEMENT, INC. FOR SERVICE AND SUPPORT REGARDING CHARGES FOR MEDICAL SERVICES PROVIDED BY THE ROCKY RIVER FIRE DIVISION AND FURTHER DESCRIBED IN THE ATTACHED EXHIBIT "A"
2ND READING
Discussed at the Committee-of-the-Whole, this will extend the contract with Life Force Management for one more year at the same cost. These billings cover transport to hospitals provided by the City's fire department.
ORDINANCE NO. 111-04 BY BRIAN F. HAGAN
AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE VEHICLE MAINTENANCE PARTS FOR THE CITY OF ROCKY RIVER FOR A ONE (1) YEAR PERIOD FROM LAKEFRONT AUTOMOTIVE PARTS, INC.
2ND READING
Also discussed at the Committee-of-the-Whole, this would implement savings by placing purchases for vehicle maintenance with one supplier.
ORDINANCE NO. 114-04 BY BRIAN F. HAGAN
AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH SPECIALIZED CONSTRUCTION INCORPORATED FOR THE 2004 CRACK & JOINT SEALING PROGRAM IN AN AMOUNT NOT TO EXCEED $45,500.00
1ST READING
Discussed at the Committee-of-the-Whole, this is a new procedure rolling material into cracks to prevent ice damage during the winter.
ORDINANCE NO. 117-04 BY FRANK B. GOLLINGER
AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH METCALF & EDDY, INC. RELATIVE TO THE DESIGN OF THE RECYCLE PUMP REPLACEMENT PROJECT AND PROVIDING CONSTRUCTION ADMINISTRATION SERVICES AT THE CITY OF ROCKY RIVER WWTP IN AN AMOUNT NOT TO EXCEED $152,705.00
1ST READING
One screw pump is currently inoperative at the WWTP. This expenditure which would authorize design services for pump replacement, has been approved by the WWTP Management Board.
ORDINANCE NO. 118-04 BY FRANK B. GOLLINGER
AN EMERGENCY ORDINANCE AUTHORIZING ADDITIONAL SERVICES ALREADY PERFORMED BY CHAGRIN VALLEY ENGINEERING, LTD. RELATIVE TO THE DESIGN OF NOISE BARRIERS ALONG INTERSTATE 90 IN AN AMOUNT NOT TO EXCEED $24,000.00
1ST READING
This finalizes payment for services already rendered by Chagrin Valley Engineering. Mr. Hurtuk thanked the Law Director for his services in finalizing the contract.
ORDINANCE NO. 119-04 BY LINDA S. BARTOLOZZI
AN EMERGENCY ORDINANCE AUTHORIZING THE SAFETY-SERVICE DIRECTOR TO ENTER INTO A CONTRACT WITH MIRACLE RECREATION FOR PLAYGROUND EQUIPMENT AT LINDEN PARK AT A NET COST NOT TO EXCEED $75,684.00
1ST READING
Mr. Patterson stated that this playground equipment was last replaced in 1988. New equipment is very much needed, since Linden Park is the busiest playground.
ORDINANCE NO. 123-04 BY BRIAN A. HURTUK
AN ORDINANCE TO PROVIDE FOR THE ISSUANCE OF NOT TO EXCEED $1,335,000 IN PRINCIPAL AMOUNT OF BONDS FOR THE PURPOSE OF IMPROVING ABERDEEN ROAD BY RECONSTRUCTING AND REPLACING THE BASE AND RESURFACING WITH ASPHALT, REPLACING STORM AND SANITARY SEWERS AND WATERLINES, INSTALLING CURBS AND REPLACING SIDEWALKS AND DRIVE APRONS, AS NECESSARY, AND PAYING THE COST OF ENGINEERING SERVICES FOR THE IMPROVEMENT OF INGLEWOOD ROAD, AND DECLARING AN EMERGENCY
1ST READING
Mr. Hurtuk introduced the seven bonding ordinances by saying that they were the culmination of much discussion and hard work. The total amount being financed is $10.945 million with National City as underwriter and Calfee, Halter & Griswold as bond counsel.
The Mayor distributed a summary sheet which listed the infrastructure improvements included in the issue. He explained that the total is more than originally proposed because he found that project expansions as well as engineering and inspection costs can be included. All the bonds are for a 20-year period except the paving of Hilliard which is for 15 years.
For the Aberdeen project in Ordinance No. 123-05, Mr. Lesiecki indicated that the waterlines have been installed and the sewers are about half done.
ORDINANCE NO. 124-04 BY BRIAN A. HURTUK
AN ORDINANCE TO PROVIDE FOR THE ISSUANCE OF NOT TO EXCEED $1,985,000 IN PRINCIPAL AMOUNT OF BONDS FOR THE PURPOSE OF IMPROVING ORCHARD PARK DRIVE AND BATES ROAD BY RESURFACING, REPLACING STORM AND SANITARY SEWERS AND WATERLINES, AND REPLACING SIDEWALKS, CURBS AND DRIVE APRONS AS NECESSARY, AND DECLARING AN EMERGENCY
1ST READING
The underground utilities and a portion of the waterline have been completed, and the road construction remains to be done.
ORDINANCE NO. 125-04 BY BRIAN A. HURTUK
AN ORDINANCE TO PROVIDE FOR THE ISSUANCE OF NOT TO EXCEED $760,000 IN PRINCIPAL AMOUNT OF BONDS FOR THE PURPOSE OF IMPROVING WOOSTER ROAD BY RECONSTRUCTING AND REPLACING THE BASE, RESURFACING WITH ASPHALT AND REPLACING STORM AND SANITARY SEWERS, SIDEWALKS, CURBS AND DRIVE APRONS, AND DECLARING AN EMERGENCY
1ST READING
Underground utilities have been completed. Road paving has begun, and the project is on schedule.
ORDINANCE NO. 126-04 BY BRIAN A. HURTUK
AN ORDINANCE TO PROVIDE FOR THE ISSUANCE OF NOT TO EXCEED $505,000 IN PRINCIPAL AMOUNT OF BONDS FOR THE PURPOSE OF IMPROVING HILLIARD BOULEVARD BY RESURFACING, RENOVATING AND EXTENDING THE MEDIAN STRIP THEREOF AND REPLACING CURBS, DRIVE APRONS AND SIDEWALKS, AND DECLARING AN EMERGENCY
1ST READING
The contractor, Perk Construction, is on site for the first time and sidewalk construction is scheduled to begin Wednesday.
ORDINANCE NO. 127-04 BY BRIAN A. HURTUK
AN ORDINANCE TO PROVIDE FOR THE ISSUANCE OF NOT TO EXCEED $2,275,000 IN PRINCIPAL AMOUNT OF BONDS FOR THE PURPOSE OF IMPROVING THE AQUATIC CENTER BY CONSTRUCTING AND EQUIPPING A NEW POOL, RENOVATING THE EXISTING BATHHOUSE AND IMPROVING THE SITE THEREFOR, AND DECLARING AN EMERGENCY
1ST READING
This has already been discussed at length.
ORDINANCE NO. 128-04 BY BRIAN A. HURTUK
AN ORDINANCE TO PROVIDE FOR THE ISSUANCE OF NOT TO EXCEED $1,040,000 IN PRINCIPAL AMOUNT OF BONDS FOR THE PURPOSE OF IMPROVING HILLIARD BOULEVARD BY INSTALLING SANITARY SEWERS, TOGETHER WITH ALL NECESSARY APPURTENANCES, AND DECLARING AN EMERGENCY
1ST READING
This project has been completed in time for sidewalk construction and road paving. There is an average of 20 years for these bonds.
ORDINANCE NO. 129-04 BY BRIAN A. HURTUK
AN ORDINANCE TO PROVIDE FOR THE ISSUANCE OF NOT TO EXCEED $3,045,000 OF BONDS FOR THE PURPOSE OF REFUNDING THE CITY'S VARIOUS PURPOSE GENERAL OBLIGATION BONDS, SERIES 1994 (LIMITED TAX), DATED MARCH 15, 1994 DECLARING AN EMERGENCY
1ST READING
The original time period for these bonds was 20 years. They will be refinanced to take advantage of favorable interest rates. The original term will be continued to December 1, 2014.
Moved by Mr. Hurtuk, seconded by Mr. Hagan, that the rule requiring that Ordinances No. 108-04, 109-04, 110-04, 111-04, 114-04, 117-04, 118-04, 119-04, and 123-04 through 129-04 be read on three separate days be suspended, and that the above ordinances be placed upon their passage:
Discussion: As Council will be recessed during the month of August, Mr. Hurtuk pointed out the need to move expeditiously.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
6 ayes 0 nays PASSED
Moved by Mr. Hurtuk, seconded by Mr. Potterfield and Mr. Hagan, that the above ordinances be passed as read:
Discussion:
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
6 ayes 0 nays PASSED
MISCELLANEOUS BUSINESS:
Mr. Hurtuk reminded everyone in attendance that Council will be in recess during the month of August. Because Labor Day falls on Monday, the first meeting in September will be on Tuesday, September 7.
AUDIENCE PARTICIPATION:
Fred I. Sokol, 20021 Parkview, thanked Council for voting no on Amended Ordinance 90-04 and said that he felt strongly that it should be defeated.
Marty Finn, 2710 Lakeview, appealed to Council for help. Because of popular stores like Target on Center Ridge Road, their street carries very heavy traffic. Access to Hampton and Gasser are limited on Hilliard, and traffic from I-90 uses Lakeview to reach Center Ridge. The 25 mph speed limit is not enforced; he was told that tickets are not written until a car is 15 miles above the speed limit. This is not acceptable. The street is turning over, and younger families, with young children, are moving onto the street. Parked cars have been hit, and he feels it is a matter of time until someone is injured. He would like to see more tickets written to slow down the traffic.
Alisa Duncan, 2666 Lakeview, hopes that the current attention being given to the street continues. One possible solution would be to include Gasser to bear the load of traffic with them. The volume is not the only problem; the major problem is the speed. The limits need to be enforced, and she is glad that ticketing now begins at 37.
Brian Smith, 2617 Lakeview, appreciates Mr. Hagan's efforts which have seen an increased police presence on the street. He fears that once the police leave, traffic will return to the status quo. He would like to be part of other solutions and would like to see some resolution which could be reached without hurting Rocky River as a whole.
Kimberly Finn, 2710 Lakeview, has shot video during the Friday rush hour when the speed indicator was on the street and has a one-hour video which shows high speeds. She suggested the possibility of additional signage in both directions to remind motorists that the speed limit is 25. Many assume the limit is 35.
Mayor Knoble acknowledged that enforcement is an issue of the Administration. The Council meetings provide a public forum, but on a day-to-day basis, the Mayor, Mr. Linden and Chief Wagner are responsible. There are many aspects of the problem, so he requested that the residents appoint a committee of not more than five to meet with the Administration and go over issues. There are some things that can be done.
Susan Smith, 2617 Lakeview, is concerned with the flow of traffic and enforcement of the speed limit. She feels that the limiting of traffic is a safety issue. She is also concerned that this hurts property values.
Margaret Foutz, 2907 Lakeview, has lived on the street for some time, even before the traffic. She believes the signs are a joke. Cars ignore signs and turn on red lights. The traffic now never lets up. She invited City officials to sit on her porch to watch the traffic.
The meeting was adjourned at 9:52 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 July 26, 2004. These minutes may be amended or revised at the next Legislative Meeting.
DRAFT
CITY OF ROCKY RIVER
JULY 26, 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 7:04 p.m. in the David J. Cook Council Chambers.
Contracts - Government and Judicial Committee Members Present:
Mr. Hagan, Mr. Frost
Council members present: Mr. Gollinger, Mr. Potterfield, Mrs. Bartolozzi
Administration: Mayor Knoble, Kory Koran
Law Director: Mr. Matty
Press: Mr. White, Mr. Kelley
Mr. Hagan opened the meeting by reviewing past discussions of Ordinance No. 101-04, the sale of municipal real property. A presentation was made by Mr. Koran on the need to expand the powers of the Administration in selling property. Following that presentation and discussion a recommendation was made that the Law Director prepare an ordinance outlining new procedures for the sale of municipal real property. The result was Ordinance No. 101-04 which was read for the first time on June 28 and passed to committee.
Since there has been ample time for review, Mr. Hagan asked for comments from Mr. Koran and Council members.
Mr. Koran indicated that he had no new information. Most details have been discussed and the outline for the Law Director resulted in the ordinance in final form. This ordinance would give Council more flexibility in selling municipal real estate. Mr. Hagan confirmed that currently, the process used is that in the Ohio Revised Code, competitive bidding with the highest bid accepted. If this ordinance is passed, negotiated bidding is possible, and property can be sold in the same way as done by corporations or private parties.
Law Director Matty explained that the ordinance would allow Council to look at more than the initial sales price. For example, if A offered the City $100, and B offered $50 but more in long-term taxes and other revenues, the City would be able to accept the smaller initial offering if Council agreed that the long-term benefits outweigh the $50 difference. With the present system, the City must sell to A. The first step is a determination that the property is no longer needed for public use.
Mr. Potterfield commented that his committee had two recommendations:
Mr. Hagan stated that this ordinance will cover more than the Lake Road property and will present opportunities for sales of other properties.
Mr. Potterfield pointed out that if the current proposed zoning goes forward and the property goes to bid, if the City does not approve of the bids submitted, the property can be rezoned and new bids taken.
Mr. Hagan commented that the Planning, Zoning and Economic Development Committee has already recommended that this property be zoned commercial with a minimum bid which will help recover costs. This ordinance will allow different methods for any sale of the property.
Mr. Gollinger felt that these changes would be beneficial to the City, making sure that the returns on property are the best that can be realized.
Mr. Frost, acknowledging that the Lake Road property was one of the forces behind this ordinance, also pointed out that in the situation with Joe's Deli where a narrow strip of property adjacent to theirs was owned by the City, the ordinance would enable a simpler process for the sale to them.
Additionally, Mr. Frost wondered if the process to deal with the sale of municipal personal property also needs to be streamlined.
Mr. Koran did raise the question of leases, however. Occasionally leases of property, such as that of the WWTP arise, and perhaps Council would like to consider adding legislation to make more flexible the leasing of City property.
Mr. Matty suggested that rather than two separate ordinances, he could revise the current ordinance, making the sale or lease of municipal properties subject to the provisions put forward. He said that both sale and lease would be in the same Code section as it is in the ORC.
Mr. Hagan polled the Committee, asking Mr. Frost if he had any objection. As there was no objection, Mr. Hagan asked the Mayor if a delay until September would interfere with any Administration plans. The Mayor said that he foresaw nothing that could not wait until September.
MOTION:
Moved by Mr. Frost, seconded by Mr. Hagan, that the Law Director be requested to amend Ordinance No. 101-04 to include conditions of leasing as well as the sale of municipal property.
Vote: Hagan - aye Frost - aye
2 ayes 0 nays PASSED
The second topic, the Lake Road development site, was last discussed at the meeting of June 28. The minutes were briefly reviewed by Mr. Hagan. He noted that the usage has been discussed as well as a request for a minimum bid in the sale of the property. Council has agreed to a commercial, Office-2 zoning. Since the survey has been received, Parcel "B" has been determined to be about 3 ˝ acres. Mr. Hagan also mentioned that the process being reviewed in Ordinance No. 101-04 will be helpful in allowing the Administration flexibility in its attempts to sell the property.
Mr. Koran had no further comments except that the two ordinances split the property. If passed, the Administration will proceed.
Mayor Knoble acknowledged that he had spearheaded the project from the start. He said that he appreciates Council moving forward. The issue of the former landfill tag still remains to be resolved, but proceeding and talking to others may bring someone forward who wishes to take on its challenges. The City has approximately $800,000 invested in the land and it needs to recoup as much as possible, converting it to a revenue-generating property. With the completion of the football field, the City's need for more recreation space has been satisfied, so the Mayor feels that commercial development is the right answer.
Mr. Hagan noted that it has been determined that there is no public use for this property.
Mr. Potterfield again raised the recommendations of a minimum bid and no action to initiate Rule 13 of the EPA. He does not want the liability that would be involved.
Mr. Frost feels that Ordinance No. 101-04 will be helpful for the sale of this property. He has not received very many comments from resident on the subject, but he hopes that ideas or projects will come from future resident input. He feels that Ordinance No. 101-04 should go forward and the subject can be revisited once the lot split and zoning have been approved.
MOTION:
Moved by Mr. Hagan, seconded by Mr. Frost and passed unanimously that the meeting be adjourned.
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 Contracts-Government and Judicial Committee of July 26, 2004. These minutes may be amended or revised at the next Legislative Meeting.